2014-010s: \legal \our documents \ordinances \14 \bond ®stokes -et al final acquisition ordinance.doc
ORDINANCE NO. 2014 -010
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 7.393 ACRE TRACT (THE "MAYHILL TRACT "); (II)
FEE SIMPLE TO A 4.508 ACRE TRACT (THE "LANDFILL TRACT "); AND (III) A SLOPE
EASEMENT (HEREIN SO CALLED), ENCUMBERING A 0.804 ACRE TRACT, EACH
AFFECTED TRACT LOCATED IN THE JOHN B. BRANDON SURVEY, ABSTRACT
NUMBER 1515, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A ", ATTACHED HERETO AND MADE A
PART HEREOF, LOCATED GENERALLY IN THE 1400 BLOCK OF SOUTH MAYHILL
ROAD (THE "PROPERTY INTERESTS "), FOR (A) AS CONCERNS THE MAYHILL
TRACT AND THE SLOPE EASEMENT, THE PUBLIC USE OF EXPANDING AND
IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS
CONCERNS THE LANDFILL TRACT, FOR THE PUBLIC USE OF EXPANDING AND
IMPROVING THE CITY OF DENTON LANDFILL, A PERMITTED MUNICIPAL SOLID
WASTE DISPOSAL FACILITY; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE AN OFFER TO (1) CYNTHIA BOND ABLES, JOHN HENRY
BOND, III, JEAN DOYE STOKES AND WAYNE STOKES, A MARRIED COUPLE, JOE P.
DOYE, JR. A /K/A JOSEPH PIERRE DOYE, JR. AND PATRICIA ANN DOYE A /K/A
PATRICIA DOYE KENDALL (COLLECTIVELY, THE "OWNER "); (2) SUCCESSORS IN
INTEREST TO THE OWNER TO THE PROPERTY INTERESTS; OR (3) ANY OTHER
OWNERS OF THE PROPERTY INTERESTS, AS MAY BE APPLICABLE, TO PURCHASE
THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF SEVEN HUNDRED
EIGHTY FIVE THOUSAND THIRTY SIX DOLLARS AND NO CENTS ($785,036.00), AND
OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE
"AGREEMENT "), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT
"B "; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING
RELOCATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on or before August 30, 2013, pursuant to Ordinance No. 2013 -179, passed
and approved by the City Council of the City of Denton on July 16, 2013;
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Council finds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the "City "). The City Council hereby finds and determines that the acquisition
of (a) the Mayhill Tract and the Slope Easement are necessary for public use to provide street
and roadway expansion and improvements of Mayhill Road; and (b) the Landfill Tract is
necessary for public use to provide for expansion and improvement of the City of Denton
landfill, a permitted municipal solid waste disposal facility, each to serve the public and the
citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to make the final
offer to purchase the Property Interests to (i) the Owner; (ii) any and all of Owner's successors in
interest to the Property Interests; or (iii) any other parties who may own any interest in the
Property Interests, as may be applicable.
SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and
behalf of the City (a) the Agreement, by and between the City and Owner, or other owners of the
Property Interests, as applicable, in the form attached hereto and made a part hereof as Exhibit
"B ", with a purchase price of $785,036.00 and other consideration, plus costs and expenses, all as
prescribed in the Agreement; and (b) any other documents necessary for closing the transaction
contemplated by the Agreement.
SECTION 4. The City Manager is authorized to make expenditures in accordance with
(a) the terms of the Agreement; and (b) Ordinance No. 2012 -073, dated April 17, 2012,
pertaining to relocation expenses and advisory services.
SECTION 5. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner, or other owners of the Property Interests, as applicable,
any and all appraisal reports produced or acquired by the City relating specifically to the
Owner's property and prepared in the 10 years preceding the date of the offer made by the
Agreement.
SECTION 6. The offer to Owner, or other owners of the Property Interests, as applicable,
shall be made in accordance with all applicable law.
SECTION 7. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 8. This ordinance shall become effective immediately upon its passage and
approval. _..._.. ...
PASSED AND APPROVED this the day of ��_ , 2014.
MARK A t�IAZWUGHS 'AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:. �
.....
,� ]'P V FID AM TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY ..
u°
Y
EXHIBIT "A" - to Ordinance (Property Interests)
rthur Surveying Co., Inc.
Protessiox�al �C,�szd Suz- vc,�ors
P.O. Box 54 — Lewisville, Texas 75067
Of jee: (972) 221 -9439 •-- Fax: (972) 221 -4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M134
7.393 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004 - 30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004 - 30988, O.P.R.D.C.T., and being more particularly described as follows:
COMMENCING at a "PK" Nail set for the southeast corner of said Bond tract (2004- 30989) and the northeast
corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004 - 30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGINNING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC"
set for corner;
THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004- 30989), a distance
of 10.56 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2312.85
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the right, having a
radius of 2068.18 feet;
THENCE with said curve to the right, over and across said Bond tract (2004 - 30988),1mving a central angle of 01
degrees 46 minutes 54 seconds, whose chord hears North 03 degrees 46 luiAlutes 00 seconds Bast a distance of 64.31
feet, h aving an arc length of 64.31 feet to a ")?K" Nail set for corner in Spencer Road,, being ill the north line of said
Bond tract (2004 - 30989) and the south line ol"a tnet of land described by deed to Haeussler Properties, recorded
under Instrument Number 2003 - 205747, O.P.R.D.C.T.;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004- 30989) and
the south line of said Haeussler Properties tract, a distance of 135.54 feet to a "PW' Nail set for corner in Spencer
Road, same point being the beginning of a non - tangent curve to the left, having a radius of 1932.50 feet;
(continued)
C1107131 -19
Parcel M 134
EXHIBIT "A" - to Ordinance (Property Interests)
rthur Surveying Co., Inc.
�xo essxox�a i Loci SUrV'ayozs
P.O. Box 54 — Lewisville, Texas 75067
Office: (972) 221 -9439 — Fax: (972) 221 -4675
THENCE with said curve to the left, over and across said Bond tract (2004- 30989), through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears South 03 degrees 56 minutes 24 seconds West a distance of
71.77 feet, having an arc length of 71.78 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2311.63
feet to the POINT OF BEGINNING and containing 7.393 acres of land, of which 0.109 acres lie within the
existing Spencer Road and Mayhill Road.
C1107131 -19
Parcel M134
EXHIBIT "All - to Ordinance (Property Interests)
" IVI ..P. 6z .1-'- R. R. Ca, Survey
Abstract Nuinher 927
(Variable Width ROW)
2" I.P.F. SPENCER ROAD
tent)
' LI-- —
p1f N�i1
N88 56'21 •W
155.59' S8 3 3"W
61 3
New Right -of -way 7.237 ac. (315,266 sq. ft.)
Gas Easement 0.047 ac. (2,027 sq. ft.)
Existing Implied Dedication 0.109 ac. (4,758 sq. ft.)
4
7.393 Acres (322,051 sq. ft.) I
Parcel M134 �' "'
1�
«,'*
` . ei,
b" ,,, fa,
r G�
John Henry Bond, Jr
et. al.
Instr. No,, 2004 -30989 l
,I 1
Proposed Variable
Width Slope Easemen
I
. pt
l
S87 5,2'49 "'W
S05*35'59"
167x.6,°3' 1 R.S.
200.21" — — — — —, �— — , - ,. —
I.R.S. I,R
IU1
Mason A Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
Mayhill Road
Parcel M134
7.393 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
--2012--
0
Haeussler Properties
-- -1 -- lnstr. No. 2003 - 205747
".- A IN
lmplled
Dedl [on
Existing
N 15' Gas Easement
«,T- Insir. No, 2008-8041L
1 Instr. No. 2011 -11316
IOF
W1
!i I
I
I 1
� I
4170 0 200 400
_..... -
SCALE: V = 400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
• I.P.F. = Iron Pipe Found
• I.R.F. =1/2" Iron Rod Found
• I.R.S. =1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon,
• Easements recorded in Vol. 316, Pg. 8 &
Vol. 336, Pg. 182 do not affect this tract
to the best of my knowledge.
na f Blanket easements recorded in Vol. 354,
rl Pg. 401 & Vol. 520, Pg. 495 include this
i u.. tract.
v
UNT13A e3LE
" . ° n
82.
Ll S87 5249 W 7 6
01, tai L2 S87 05249 "W 135.32'
ybp ,�b L3 NOl °50'21 % 10.56'
�r L4 N89 °43'23 "E 135.54'
4xisting
Residence
John Henry Bond, Jr et. al.
Instr. No. 2004 -30988
CURVETABIT
ff2068.1 ials lxn tic Deb, Chord
N 1' 64.31' 0104654" 1x103 x"46'00 "ll 64.31'
0" 71.78'
02 °07'41' HS'0.3 °56'24 "W 71,77'
"PK" Nail
Set
st RV19VORS C7RT1N - :+t°n0M
Thowderaioned dam lae bycrAiybr'fide
rac.owm (0Y. No. 1026,10A 1 046) ratat WS
ss:rixrey was sluts day noda v a dio Swund of (be
1910MV fodaaty at acri'bcd bca ra "d 14 oWreol' anul
io the liar of axy troowl&4 , dwr c arena no virible
discrepaoeica, co J7%tt ahoOK04 in •rra, b°xrtadaay
lama eoofuvts. encMaclwa"U, overlapping of
ltarlrlovraaaenta, aasronra m or riabf$ orway duct t'
havo fare" &h4rd "f oorept a.s shown hrAvo,.
rthur Surveying Co., Inc.
Firofessional Land Surveyors
P.O.Box 54 — Lewisville, Texas 76067
Office: (972) 221 -9439 Fax: (972) 221 -4675
Estatblished 1986
EXHIBIT "A" - to Ordinance (Property Interests)
Arthur Surveying Co., Inc.
g'xoFessxonal JC,axxd Suz- veyoxs
P.O. Box 54 --- Lewisville, Texas 75067
OLE= (972) 221 -9439 •- Fax: (972) 221 -4675
EXHIBIT "A"
MUNICIPAL USE TRACT
4.508 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004 - 30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004 - 30988, O.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at a "PK" Nail set for the southeast corner of said Bond tract (2004- 30989) and the northeast corner
of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page
430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2311.63
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer at the beginning of a curve to the right,
having a radius of 1932.50 feet;
THENCE over and across said Bond tract (2004- 30989), with said curve to the right, through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears North 03 degrees 56 minutes 24 seconds East a distance of 71.77
feet, having an arc length of 71.78 feet to a "PK" Nail set for corner in the north line of said Bond tract (2004-
30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument
Number 2003- 205747, O.P.R.D.C.T., same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004- 30989) and
the south line of said Haeussler Properties tract, a distance of 81.24 feet to a "PK" Nail set for the northeast comer
of said Bond tract (2004- 30989), same point being in the existing Mayhill Road;
THENCE South 02 degrees 52 minutes 34 seconds West, with the east line of said Bond tracts, a distance of
2380.65 feet to the POINT OF BEGINNING and containing 4.508 acres of land, of which 1.660 acres lie within
existing Mayhill Road and Spencer Road.
C1107131 -19
Parcel M134
Municipal Use tract
EXHIBIT "All - to Ordinance (Property Interests)
M. E. P. & P. R. R. Co. Survey
Abstract Number 927
(Variable Width ROW)
2" I.P.F. SPENCER ROAD "
� PK" Nall
(C.M.) Set
_CI
N88'56`21 "W 7 _ — -„
155.59' S1%4 "23" W
43'
1 1
New Municipal Use Tract 2.042 ac. (88,949 sq. ft.) 1 1�
Existing Implied Dedication 1.660 ac. (72,289 sq. ft.)
Gas Easement 0.806 ac. (35,117 sq. f.)
47cl °cs (196,355 sq. fl.) 1 1
Municipal Use Tract
4
IV? A k Y A. I
P I�
1 �
John Henry Bond, Jr I
et. al.
Instr. No. 2004 -30989 1 rslll
� � I
l 1 1
S""5
85135'59 "W
200.21 r -- _ i
2" -P. F, F.C.P.
(C.M.) II
David Hough Survey, Abstract Number 646 I
Mason A. Haggard & wife, Wilma Haggard I Vol. 337, PR. 430 (remainder)
Municipal Use Tract
4.508 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
--2012--
e
Haeussler Properties
Instr. No. 2003 - 205747
C" Nall
Set
_ ° ° ~Pr'oposed ROW
1 Parcel 61154
.1
�1
I
1
1;
V,
Nt
1
Exi y tIng
--Fence
15' Gas Easement
1 l N 2008- 804113
400 0 200 400
SCALE: 1"=4001
Bearings shown hereon based on the City of
Denton GIS Network.
rt s r � o"
Instr. No 2011-11316
NOTES:
I.P.F. = Iron Pipe Found
pmIumes �Gj�Nm 102630 &, 102640) thot alh
•
I.R.F. =1/2" Iron Rod Found
•
I.R.S. = 1/2" Iron Rod Set with
to the bcwc affflykjawkdall, there gnu no W,440
yellow cap stamped "Arthur
/1
0
line callnkts„ nAwa'117Aw4btwAetliaSfy. 4YMla11111APi'01r
Surveying Company"
�
a
All improvements not shown hereon.
1-+-i
•
Easements recorded in Vol. 316, Pg. 8 &
rthur Surveying Co., Inc.
Vol. 336, Pg. 182 do not affect this tract
P�no ssional TAnd SurtngyaM
to the best of my knowledge.
Blanket easements recorded in Vol. 354,
Pg. 401 & Vol. 520, Pg. 495 include this
tract.
3
LINE TABLL7
eSN` %
Ll
S87 05249 "W
—
1 82.76'
V �
L2
I N89 °43'23 "E
� 81.24'
V
Exisling
unrldpnce
John Henry Bond, Jr et, al.
Instr. No. 2004 -30988
P. ,, � CA w�r,
Nat!
C"
JOHN M. RUSSELL1
Set 5305
W OK
W
SMvEyoRSCERTMCA170N:
71M undasisued doa hereby cea ffly 0) "rial°
` .
A
0'
pmIumes �Gj�Nm 102630 &, 102640) thot alh
,fiavvy tS m (bk dawy cwandtw on iia,C,tgwund °fthr
lwf °,µder y rcgAw1r1M VjCmjbw"Rt lwa,rewm aad is cour MCI, and
to the bcwc affflykjawkdall, there gnu no W,440
dirrigMneres, coWluefs, ahorta:ca 118 Alm, tua"mdlix'y
line callnkts„ nAwa'117Aw4btwAetliaSfy. 4YMla11111APi'01r
if 4lMVeffl6 uau o"xnraaw:nta aww° ra;PllAt 44M thAt I
have hrrfw wvlwd of except a� ah °wu beteawa,
rthur Surveying Co., Inc.
P�no ssional TAnd SurtngyaM
P.O.Box 54 - Lewisville. Texas 75067
Office: (972) 221 -9439 Fax: (972) 221 -4675
Estatblished 1966
EXHIBIT "A" - to Ordinance (Property Interests)
Arthur Surveying Co., Inc.
�4°zofess�ioxz�.I L�.rxd S><�cx-veyozs
P.O. Box 54 --• Lewisville, Texas 75067
Office: (972) 221 -9439 •-- Fax: (972) 221 -4675
EXHIBIT "A"
MAYHILL ROAD
SLOPE EASEMENT
0.804 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004 - 30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004 - 30988, O.P.R.D.C.T., and being more particularly described as follows:
COMMENCING at a "PK' Nail set for the southeast corner of said Bond tract (2004- 30989) and the northeast
corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004 - 30989) and
the north line of said Haggard tract, a distance of 218.08 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGINNING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 10.02 feet to a point for corner;
THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004- 30989), a distance
of 11.35 feet to a point for comer;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 834.81 feet
to a point for corner;
THENCE North 87 degrees 07 minutes 27 seconds West, over and across said Bond tract (2004- 30989), a distance
of 5.00 feet to a point for comer;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tract (2004- 30989), a distance
of 1144.51 feet to a point for comer;
THENCE North 00 degrees 22 minutes 33 seconds East, over and across said Bond tract (2004- 30989), a distance
of 396.47 feet to a point for corner in the north line of said Bond tract (2004 - 30989) and the south line of a tract of
land described by deed to Haeussler Properties, recorded under Instrument Number 2003 - 205747, O.P.R.D.C.T.,
same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004- 30989) and
the south line of said Haeussler Properties tract, a distance of 33.34 feet to a "PK" Nail set for corner in Spencer
Road, same point being the beginning of a non - tangent curve to the left, having a radius of 2068.18 feet;
(continued)
C1107131 -19
Parcel M134
Slope Easement
EXHIBIT "A" - to Ordinance (Property Interests)
Arthur Surveying Co., Inc.
Professional Y J-1"'a SurVIC�yox's
P.O. Box 54 --- Lewisville, Texas 75067
011ice: (972) 221 -9439 — Fax: (972) 221 -4675
THENCE with said curve to the left, over and across said Bond tract (2004- 30989), through a central angle of 01
degrees 46 minutes 54 seconds, whose chord bears South 03 degrees 46 minutes 00 seconds West a distance of
64.31 feet, having an arc length of 64.31 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2312.85
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 01 degrees 50 minutes 21 seconds West, over and across said Bond tract (2004- 30989), a distance
of 10.56 feet to the POINT OF BEGINNING and containing 0.804 acres of land.
x4i-
O nw
C1107131 -19
Parcel M134
Slope Easement
EXHIBIT "A" - to Ordinance (Property Interests)
M. E. P. & P. R. R. Co. Survey
Abstract Number 927
(Variable Width ROW)
" I.P. SPENCER ROAD t
o- ----,— N88'56'21 "W
155.59' S8 43'23 "W Cn
1 76.43'
Q
0.804 Acre
I1 Slope Easement
(35,041 sq. ft.)
1
°'wig t a
John Henry Bond, Jr
et. al. °
Instr. No. 2004 - 30989'
1i
S87"52'49 W
1672.63
I1 •^
20x3.21 1'
2(C �1 . 1 g".R'.
L.)av t"I 1ou, -,h Survey, Abstract .1 UsIxiber 646
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
Slope Easement
May i Road Project
0.804 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
--2012--
Haeussler Properties
. --'—�- Instr. No. 2003 - 205747
I
1
-Pro Deed ROW
Par
cel M134
Existibg
Fence'
A
N
400 0 200 400
N 15' Gas Eosentent
Instr. No. 2008 -80418
I Instr. No. 2011 -11316
'I
1
1
I OF
1 a0
t x
SCALE: 1"=400'
Bearings shown hereon based on the City of
Denton GIs Network.
NOTES:
• I.P.F. = Iron Pipe Found
• I.R.F. =1/2" Iron Rod Found
• I.R.S. = 1 /2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Irascnaents aecorded in Vol 316 Pg. 8 &
Vol 336, lag IS 2 do not atf 1 dais Iract
to the best of my knowledge.
Blanket easements recorded in Vol. 354,
Pg. 401 & Vol, 520, Pg. 495 include this
tract.
CURVE TABLE
1tf«rlltrs 1.rt t1r �f1tt O'6xtltxl?
1 2068.18' 64.11' 01 °46 "54 "' 503"46'00 "W 6431'
"PK" Nail
Set
WIWAK
MISR
C
—... CIF-
Li ,
SURVEYORS CERTWCA77ON:
LINE TABLE
"Cu us h "tcarferwedda?ra mcbyc+ertxfy in "r e
Reraasrves (O.t'. No. 102630 & 102 40) &W rhea
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John Henry Bond, Jr
et. al.
Instr. No.
2004 -30988
CURVE TABLE
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rthur Surveying Co., Inc.
Phto&ssional Land Stsrvvyors
P.O.Box 54 — Lewisville. Texas 7508
office: (972) 221 -9439 Fax: (972) 221 -4675
Este.tblished 1986
EXHIBIT `B"
TO
ORDINANCE
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement ") is dated ..2n
2014, but effective as of the date provided below, between Cynthia Bond Ables, John Henry
Bond, III, Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. a/k/a Joseph
Pierre Doye Jr. and Patricia Ann Doye a/k/a Patricia Doye Kendall (referred to collectively
herein as "Owner ") and the City of Denton, Texas ( "City ").
WITNESSETH:
WHEREAS, Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne
Stokes, a married couple, Joe P. Doye, Jr. a/k/a Joseph Pierre Doye Jr. and Patricia Ann Doye
a/k/a Patricia Doye Kendall are the Owner of a tract of land (the "Land ") in the John B. Brandon
Survey, Abstract Number 1515, Denton County, Texas, being affected by the public
improvement projects (i) called the Mayhill Road Widening and Improvements Project
( "Mayhill Project "); and (ii) related to the expansion and improvement of the City of Denton
Landfill, a permitted municipal solid waste disposal facility (the "Landfill Project ") (the Mayhill
Project and the Landfill Project are collectively referred to herein as the "Projects ");
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
an easement, being a part of and encumbering the Land, related to the Projects; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Projects;
NOW, THEREFORE, for Ten and No /100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (the "Mayhill Deed "), conveying to the City, subject to the reservations
described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to
that certain Mayhill Deed, and other interests as prescribed therein (the "Mayhill Fee Lands "),
the Mayhill Deed being attached hereto as Attachment 1 and made a part hereof, related to the
Mayhill Project; (ii) a Special Warranty Deed (the "Landfill Deed "), conveying to the City,
subject to the reservations described below, the tract of land being described in Exhibit "A" and
depicted in Exhibit "B ", to that certain Landfill Deed, and other interests as prescribed therein
(the "Landfill Lands ") (the Mayhill Lands and the Landfill Lands are collectively referred to
herein as the "Fee Lands "), the Landfill Deed being attached hereto as Attachment 2 and made a
part hereof, related to the Landfill Project (the Mayhill Deed and the Landfill Deed are
collectively referred to herein as the "Special Warranty Deeds "); and (iii) a Slope Easement (the
"Easement "), in, along, upon, under, over and across the tracts of land being described in Exhibit
"A" and depicted in Exhibit "B ", to that certain Slope Easement (the "Easement Lands "), the
Easement being attached hereto as Attachment 3 and made a part hereof, for slope purposes, as
more particularly described therein, related to the Mayhill Project.
The (i) Special Warranty Deeds shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1" and "Attachment 2 ", respectively; and (ii) the Slope
Easement shall be in the form and upon the terms as attached hereto and incorporated herein as
"Attachment 3" (the Fee Lands and the Easement are collectively referred to herein as the
"Property ").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves,
2
their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that
may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not
have the right to use or access the surface of the Fee Lands, in any way, manner or form, in
connection with or related to the reserved oil, gas, and other minerals and /or related to exploration
and /or production of the oil, gas and other minerals reserved herein, including without limitation, use
or access of the surface of the Fee Lands for the location of any well or drill sites, well bores,
whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or
tank batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or improvement of
any kind or type in connection with or related to the reserved oil, gas and other minerals, and /or
related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances that any reasonable extraction, mining or other exploration and /or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Property to the City, the City shall pay
jointly to Owner at Closing the sum of Seven Hundred Eighty Five Thousand Thirty Six and No /100
Dollars ($785,036.00). The monetary compensation prescribed in this Section 2 is herein referred to
as the "Total Monetary Compensation ".
3. The Owner shall convey and grant to the City the Property free and clear of all debts, liens and
other encumbrances (the "Encumbrances "). The Owner shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
3
Encumbrances and other curative efforts affecting the Property, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all
compensation due Owner by City related to the Project, including without limitation, any damage to
or diminution in the value of the remainder of Owner's property caused by, incident to, or related to
the Project and /or the transactions contemplated by this Agreement, value of, damage to and /or costs
of repair, replacement and /or relocation of any improvements, turf, landscape, vegetation, or any
other structure or facility of any kind within the Easement Lands, interference with Owner's
activities on the Easement Lands or other property interests of Owner caused by or related to
activities on the Fee Lands related to the Project and /or activities within the scope of the rights
granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for
themselves, their heirs, devisees, successors and assigns, the City, it's officers, employees, elected
officials, agents and contractors from and against any and all claims they may have now or in the
future, related to the herein described matters, events and /or damages.
5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525
South Loop 288, Suite 125, Denton, Texas, 76205 ( "Title Company "), with said Title Company
acting as escrow agent, on the date which is 180 days after the Effective Date, unless the Owner and
the City mutually agree, 'in writing, to an earlier or later date ( "Closing Date "). In the event the
Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the
Closing Date shall be the next resulting business day.
4
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the Closing Date. All other typical, customary and
standard closing costs associated with this transaction shall be paid specifically by the City, except
for Owner's attorney's fees, if any, which shall be paid by Owner.
7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this
Agreement.
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
cure, City may exercise any right or remedy' available to it by law, contract, equity or otherwise,
including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein, and
such default shall be continuing after ten (10) days written notice of default and opportunity to cure,
Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by
written notice of such election to City; or (ii) enforce specific performance of this Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
5
SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the
Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing.
11. Owner, excepting Jean Doye Stokes and Wayne Stokes (herein collectively called the "Section
11 Owners "), represents and warrants to City that (i) the Property comprises no part of the
homestead of the Section 11 Owners and their respective spouses; and (ii) the Property is the
separate property of the Section 11 Owners or, if community property, that the Section 11 Owners
have the legal authority to perform all actions and obligations prescribed by this Agreement without
joinder of their respective spouses.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
OWNER: CITY:.
Cynthia Bond Ables City of Denton
Paul Williamson
Real Estate and Capital Support
...... �_........� ............. ..
901 -A Texas Street
Phone Denton, Texas 76209
Teleco py
..............� ..�eMm.................
Telecopy: (940) 349 -8951
John Henry Bond, III
Phone
2
Jean Doye Stokes and Wayne Stokes,
a married couple
Phone
Joe P. Doye, Jr. a/k/a
Joseph Pierre Doye, Jr.
Phone
Patricia Ann Doye a/k/a
Patricia Doye Kendall
Phone
Copies to:
For Owner: For City:
Richard Casner, First Assistant City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: Telecopy: (940) 382 -7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement. Relocation
advisory services and relocation financial assistance, if applicable pursuant to Ordinance No.
2012 -073 (the "Relocation Ordinance ") shall be administered as provided by the Relocation
Ordinance, aside and apart from the transactions contemplated by this Agreement.
7
14. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deeds or Easement.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands and /or Easement Lands, City may, at its election, terminate this
Agreement at any time prior to Closing.
16. This Agreement may be executed in any number of counterparts, all of which taken
together shall constitute one and the same agreement, and any of the parties hereto may execute
this Agreement by signing any such counterpart.
CITY OF DENTON, TEXAS
By:,..
GEO �� (]E C. CAMPBELL,
CITY MANAGER
Date , 2014
ATTEST:
JENNIFER WAL "I "�lQR:S, CITY SECRETARY
Date:
12014
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
Date; 2 0 . 2013
E.
CYNTHIA BOND ABLES
JOHN HENRY BOND, III
JEAN DOYE STOKES
WAYNE STOKES
JOE P. DOYE, JR. A /K/A
JOSEPH PIERRE DOYE, JR.
PATRICIA ANN DOYE A/K/A
PATRICIA DOYE KENDALL
Date: , 2014
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381-1006
Telecopy: (940) 898 -0121
Printed Name:
Title:
Contract receipt date: _ , 2014
10
ATTACHMENT I
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
(Mayhill Deed)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That Cynthia Bond Ables, John Henry Bond, I1I, Jean Doye Stokes and Wayne
Stokes, a married couple, Joe P. Doye, Jr. a/k/a Joseph Pierre Doye Jr. and Patricia Ann
Doye a/k/a Patricia Doye Kendall (herein collectively called "Grantor "), for and in
consideration of the sum of TEN AND NO /100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee "), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A" and depicted in Exhibit "B ", attached
hereto and made a part hereof for all purposes, and being located in Denton County,
Texas, together with any and all rights or interests of Grantor in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances thereto (collectively, the "Property ").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and /or related to exploration and /or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and /or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and /or related to the exploration or production of same.
As used herein, the term "other minerals ", shall include oil, gas and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and /or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "other minerals" as utilized herein, shall be in accordance with that set forth
in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims and causes of action that Grantor may have for or related to any defects in, or
injury to, the Property.
Page 2 of 6
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or
under Grantor, but not otherwise.
EXECUTED the day of 11 e , 2014.
CYNTHIA BOND ABLES
JOHN HENRY BOND, III
JEAN DOYE STOKES
WAYNE STOKES
JOE P. DOYE, JR. A/K/A
JOSEPH PIERRE DOYE, JR.
PATRICIA ANN DOYE A/K/A
PATRICIA DOYE KENDALL
Page 3 of 6
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on 2014 by
Cynthia Bond Ables.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on _ „ 2014 by
John Henry Bond, III.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on _ ...... --1 2014 by
Jean Doye Stokes.
Notary Public, State of Texas
My commission expires:
Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on m �
2014 by
Wayne Stokes.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on mm.... m� , 2014 by
Joe P. Doye, Jr. a/k/a Joseph Pierre Doye, Jr.
Notary Public, State of Texas
My commission expires:......
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on _ m u , 2014 by
Patricia Ann Doye a/k/a Patricia Doye Kendall.
Notary Public, State of Texas
My commission expires:
Page 5 of 6
Upon Filing Return To:
The City of Denton - Engineering
Attn: Paul Williamson
901 -A Texas Street
Denton, Texas 76209
Page 6 of 6
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "All - to Special Warranty Deed
Arthur Surveying Co., Inc.
Professzox.ea.I Lind Szsx-Ereyoxs
P.O. Box 54 -- Lewisville, Texas 75067
OLTice: (972) 221 -9439 •-- Fax: (972) 221 -4675
EXHIBIT "A"
MAYHILL ROAD
PARCEL M134
7.393 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et a], recorded under Instrument Number 2004 - 30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004 - 30988, O.P.R.D.C.T., and being more particularly described as follows:
COMMENCING at a "PK' Nail set for the southeast corner of said Bond tract (2004- 30989) and the northeast
corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGINNING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC"
set for corner;
THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004- 30989), a distance
of 10.56 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2312.85
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the right, having a
radius of 2068.18 feet;
THENCE with said curve to the right, over and across said Bond tract (2004 - 30988), having a central angle of 01
degrees 46 minutes 54 seconds, whose chord bears North 03 regrew 46 minutes 00 seconds Fast a distance of 64,31
feet, having an arc length of 64.31 feet to n 131( " Nail set for corner in Spencer Road, being ill the north line of said
Bond tract (2004- 30989) and the south line of'a tract ol" land described by deed to Haeussler Properties, recorded
under Instrument Number 2003 - 205747, O.P.R.D.C.T.;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004- 30989) and
the south line of said Haeussler Properties tract, a distance of 135.54 feet to a "PK" Nail set for corner in Spencer
Road, same point being the beginning of a non - tangent curve to the left, having a radius of 1932.50 feet;
(continued)
C 1107131-19
Parcel M134
EXHIBIT "A" - to Special Warranty Deed
Arthur Surveying Co., Inc.
Prnfessiorral La.uc� Surveyors
P.O. Box 54 — Lewisville, Texas 75067
Office: (972) 221 -9439 •- Fax: (972) 221 -4675
THENCE with said curve to the left, over and across said Bond tract (2.004- 30989), through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears South 03 degrees 56 minutes 24 seconds West a distance of
71.77 feet, having an arc length of 71.78 feet to a V2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2311.63
feet to the POINT OF BEGINNING and containing 7.393 acres of land, of which 0.109 acres lie within the
existing Spencer Road and Mayhill Road.
,r .f ....................
DOUGLAS L. ARTHUR
I,:; ° 4357 t
X13
C1107131 -19
Parcel M134
EXHIBIT "B" - to Special Warranty Deed
? I U. R & PAR R. -Co, Sur k� y
Absfraict lbla lubex 927
(Variable Width ROW) "
2" I.P.F. SPENCER ROAD
(C.IN.) P!< Nail
0�_ _ _ — _ fr— _ _ atC
N88''56'21 "W LL- - e' "1
155.59' S8. 443'23 "'W
1 76.43 1
New Right -of -way 7.237 ac. (315,266 sq. ft.) 1
Gas Easement 0.047 ac. (2,027 sq. ft.) 14
Existing Implied Dedication 0.109 ac. (4,758 sq. ft_
7.393 Acres (322,051 sq. ft.)
Parcel M134,
a
q r �0
.H"
M
NO
c?, C, I
John Henry Bond, Jr x
et, al.
Instr. No.. 2004 -30989 1
Haeussler Properties
Instr. No. 2003 - 205747
t
ILI Implied
. _ -,_— 0edica ion
Existing
11 -Fence
EXHIBIT "B"
Mayhill Road
Parcel M134
7.393 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
--2012--
A
N
A
400 0 200 400
15' Gas Easemen t
Instr. Na 2008 -80418
Instr. No. 2011 -11316
Q
OF
wa
w
tl��' qtr
t
Existing
Residence
SCALE: V=400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
Proposed Variables
a
•
Width Slope Eosernent ~° —� -""""
•
I.R.S. =1 /2" Iran Rod Set with
I
1
L4
Surveying Company"
•
All improvements not shown hereon.
S87 51'49',' 4I.R.S.I.R.
Easements recorded in Vol. 316, Pg. 8 wSl
00.21'
167,x,63" —
_ _ _ -
to the best of my knowledge.
Blanket in Vol. 354,
A0
2 1x.. F. C.P.
rthur Surveying Co., Inc.
(C h7.
.Dilvad T-Youigh
Survey, Abstract 1'tiTi1mber '64.6
I I
1
Mason A.
Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIBIT "B"
Mayhill Road
Parcel M134
7.393 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
--2012--
A
N
A
400 0 200 400
15' Gas Easemen t
Instr. Na 2008 -80418
Instr. No. 2011 -11316
Q
OF
wa
w
tl��' qtr
t
Existing
Residence
SCALE: V=400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
•
I.P.F. = Iron Pipe Found
•
I.R.F. = 1/2" Iron Rod Found
•
I.R.S. =1 /2" Iran Rod Set with
N01 °50'21 "E
yellow cap stamped "Arthur
L4
Surveying Company"
•
All improvements not shown hereon.
•
Easements recorded in Vol. 316, Pg. 8 wSl
Vol. 336, Pg. 182 do not affect this tract
to the best of my knowledge.
Blanket in Vol. 354,
A0
easements recorded
rthur Surveying Co., Inc.
Pg. 401 & Vol. 520, Pg. 495 include this
1. NEl TABLE
LI
S87 05249 11W
82.76'
L2
S8r52'49 "W
135.32'
L3
N01 °50'21 "E
10.56'
L4
N89 04323 'E
135.54'
John Henry Bond, Jr et. al,
Instr. No, 2004 -30988
CURV8'rA111.13
=193150' Length] belta Chord
Cl 64.31' 01"46f54 "' N0.3od6'00 " "E 64,31'
C2 71.711' 02n07 °41 "` 503 °56' ?4 " "W 71.77"
"PK" Nail
set
go
.. aeeURWit °'+�MRSi"iMR1"WICATION.
'naaau koxigurd dow hereby cadtytoT1r10
I(Mtoces (Gl Ff Na, !02,63,! & 02640) da.s 1hia'.
`
sinvcy gwos Brim rtuy mide on tho gaaaund tMfic
I
tarolmly^ lcaa.Cly owdhed heYC'om And is convea, anal
to the t"asl array 1 vowledod, ttrea"narn 40 vixilale
drscra r arcdra, confli 1, xhaarfngaxlu sonar. boundary
lI'm coallicta, 44cro ach4armts, •verigl0off, of
ialalar "vcaaaa'urrw„ cascmc: "r% "r risho Or N'my riaai 1
h.gvc bear Advi5ed nl "nxce$ al shovMl lacranraaa,
rthur Surveying Co., Inc.
,- tr ofcssiozW Land Surveyors
P.O.Box 64 — Lewisville, Texas 76067
Office: (972) 221 -9439 Fax: (972) 221 -4675
Estatblished 1986
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
(Landfill Deed)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne
Stokes, a married couple, Joe P. Doye, Jr. a/k/a Joseph Pierre Doye Jr. and Patricia Ann
Doye a/k/a Patricia Doye Kendall (herein collectively called "Grantor "), for and in
consideration of the sum of TEN AND NO /100 DOLLARS ($10.00), and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a
Texas Home Rule Municipal Corporation (herein called "Grantee "), 215 E. McKinney,
Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and
confessed, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County,
Texas being particularly described in Exhibit "A" and depicted in Exhibit "B ", attached
hereto and made a part hereof for all purposes, and being located in Denton County,
Texas, together with any and all rights or interests of Grantor in and to adjacent streets,
alleys and rights of way and together with all and singular the improvements and fixtures
thereon and all other rights and appurtenances thereto (collectively, the "Property ").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and /or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank
batteries, pipelines, roads, electricity or other utility infrastructure; and /or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas and
other minerals, and /or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and /or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property. The intent of the parties hereto is that the meaning
of the term "other minerals" as utilized herein, shall be in accordance with that set forth
in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
Grantor hereby assigns, without recourse or representation, to Grantee, any and all claims
and causes of action that Grantor may have for or related to any defects in, or injury to,
the Property.
Page 2 of 6
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees,
successors and assigns to WARRANT AND FOREVER DEFEND all and singular the
Property unto Grantee and Grantee's successors and assigns, against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through or
under Grantor, but not otherwise.
EXECUTED the —11. day of �...�_�.�......... _��............ , 2014.
CYNTHIA BOND ABLES
JOHN HENRY BOND, III
JEAN DOYE STOKES
WAYNE STOKES
JOE P. DOYE, JR. A /K/A
JOSEPH PIERRE DOYE, JR, .
PATRICIA ANN DOYE A /K/A
PATRICIA DOYE KENDALL
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on � ...�...,_
—a, 2014 by
Cynthia Bond Ables.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on 2014 by
John Henry Bond, III.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2014 by
Jean Doye Stokes.
Notary Public, State of Texas
My commission expires: _ w
Page 4 of 6
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on _, 2014 by
Wayne Stokes.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on _ ......
..... , 2014 by
Joe P. Doye, Jr. a/k/a Joseph Pierre Doye, Jr.
Notary Public, State of Texas
My commission expires: __ _
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on 2014 by
Patricia Ann Doye a/k/a Patricia Doye Kendall.
Notary Public, State of Texas
My commission expires: _ m
Page 5 of 6
Upon Filing Return To:
The City of Denton - Engineering
Attn: Paul Williamson
901 -A Texas Street
Denton, Texas 76209
Page 6 of 6
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "All - to Special Warranty Deed
Arthur Surveying Co., Inc.
�xofessiox�al �.�ci Srxxveyoxs
P.O. Box 54 Lewisville, Texas 75067
011-tee: (972) 221 -9439 — Fax: (972) 221 -4675
EXHIBIT "A"
MUNICIPAL USE TRACT
4.508 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515,
City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond,
Jr. et al, recorded under Instrument Number 2004 - 30989, Official Public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under
Instrument Number 2004 - 30988, O.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at a "PK" Nail set for the southeast corner of said Bond tract (2004- 30989) and the northeast corner
of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page
430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2311.63
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer at the beginning of a curve to the right,
having a radius of 1932.50 feet;
THENCE over and across said Bond tract (2004- 30989), with said curve to the right, through a central angle of 02
degrees 07 minutes 41 seconds, whose chord bears North 03 degrees 56 minutes 24 seconds East a distance of 71.77
feet, having an arc length of 71.78 feet to a "PK" Nail set for comer in the north line of said Bond tract (2004-
30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument
Number 2003 - 205747, O.P.R.D.C.T., same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004- 30989) and
the south line of said Haeussler Properties tract, a distance of 81.24 feet to a "PK" Nail set for the northeast corner
of said Bond tract (2004- 30989), same point being in the existing Mayhill Road;
THENCE South 02 degrees 52 minutes 34 seconds West, with the east line of said Bond tracts, a distance of
2380.65 feet to the POINT OF BEGINNING and containing 4.508 acres of land, of which 1.660 acres lie within
existing Mayhill Road and Spencer Road.
co
M RUSSELL
'
-,�
1<$ANZ:6. WI�L
C1107131 -19
Parcel M 134
Municipal Use tract
L1'ijumsl l n - to -)pecial w arranty Leea
M. E. P. & P. R. R. Co. Survey
Abstract Number 927
(Variable Width ROW) --•r
2" i..i. SPENCER ROAD "
(40 PSett
155.59" S8 439" 23 "1N
M76.43'
1 IA
New Municipal Use Tract 2.042 ac. (88,949 sq. ft.) I 11
Existing Implied Dedication 1.660 ac. (72,289 sq. ft.)
Gas Easement 0.806 ac. ( .35 „117 sq. 11.)
4.50 des (196,355 sq. ft.) 1 1
Municipal Use Tract I� IP
1
'.
MI
John Henry Bond, Jr
et. al. N
Instr. No. 2004 -30989
t�
5117 "5 '49 V
X655 "5 YV 167 2,63'
20.21-
- - I.R.S. Ir
2 "" Pf, I CR I P
(am')
T)avid J-IouAli Survey, Abstract Number 646 1
Mason A. Haggard & wife, Wilma Haggard
Vol. 337, Pg. 430 (remainder)
EXHIBIT ' 1 B 11
Municipal Use Tract
4.508 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
--2012--
Haeussler Properties
Instr. No. 2003 - 205747
",PK" Nall
o, Set
Proposed ROW
Pot -eel M134
Existing
.. fence
1 15' Gas Easement'
Instr. No. 2006 -60416
-InslA No. 2011 -11316
1
�b
1�
IM
Ih
N
1C01)
W
t!�
OF
W2
w
.cr
OP tit
0!4 p
Existing
Residence
N
I
400 0 0 200 400
SCALE: V =400'
Bearings shown hereon based on the City of
Denton GIS Network.
NOTES:
• I.P.F. = Iron Pipe Found
• I.R.F. = 12" Iron Rod Found
• I.R.S. = 12” Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All improvements not shown hereon.
• Easements recorded in Vol. 316, Pg. 8 & f
Vol. 336, Pg. 182 do not affect this tract
Id
_to the best of my know edge.
) Blanket easements recorded in Vol. 354,
�y Pg. 401 & Vol. 520, Pg. 495 include this
f-1
LM TABLE
Ll S87 °52'49 "W 82.76'
L2 I N89 °4323 "E 81.24'
John Henry Bond, Jr et. al.
Instr. No. 2004 -30988
SURVEYORS CERTMCA77ON:
e undavigmd does hctehyc�crtiry ter IWO
4,\:
(W,
Rempumes (OA Na 10200 «fi 102640) that this
survey wars lhisr 6y nuade °fr tho grc whit eaf thn
tvui ertyy.�IrgAy deacritaed bete m and is cwrs Head
to tlira Glut ofnly kar —lcd90 tartar NO ua rrisilale
dtisurrpaaaaitkia CAtatliejS" ata °rtasp ,es in a, t odwy
hna ocrathGta, eaacfaa`baie°t5'" oveds.P 19 of
irrvt1"r'Ny"f: &r7esb," casenjouta of F3'Pt�bts of SNay that ,I
have bmi mdvised ofoxcrpat. as Shown ?reteaaor,
Arthur
Surveying Co., Inc.
,pivressional Land Surveyors
...............
. .
P.O.Box 64 - Lewisville, Texas 75067
Office: (972) 221 -9439 Fax: (972) 221 -4675
Estatblished 1966
sAlegal \our documents \contracts \13 \bond - stokes et al slope easement.doc
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SLOPE EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne Stokes, a
married couple, Joe P. Doye, Jr. a/k/a Joseph Pierre Doye, Jr. and Patricia Ann Doye a/k/a
Patricia Doye Kendall (collectively, "Grantor "), in consideration of the sum of Ten and No /100
Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton,
Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ( "Grantee ") a perpetual slope easement in, along,
upon, under, over and across the following described property (the "Property "), owned by
Grantor, and situated in Denton County, Texas, located in the John B. Brandon Survey, Abstract
Number 1515, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B ",
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all
times in, along, upon, under, over and across the Property to Grantee herein, its agents,
employees, contractors, workmen and representatives, for the purposes set forth herein, including
without limitation, the making additions to, improvements on and repairs to said lateral slope
features or grade, or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates
and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the
grade of the Property and may remove from the Property, such buildings, fences, structures,
signs, facilities, improvements and other obstructions as may now or hereafter be found upon
said Property and dispose of any such buildings, fences, structures, signs, facilities,
improvements or obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right -of -way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Property for any purpose that does not interfere
with Grantee's rights granted to it herein for the purposes granted.
6. Successors and Assigns. , This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
PJ
Witness our hands, this the day of 2014„
Grantor:
CYNTHIA BOND ABLES
JOHN HENRY BOND, III
JEAN DOYE STOKES
WAYNE STOKES
JOE P. DOYE, JR. A/K/A
JOSEPH PIERRE DOYE, JR.
PATRICIA ANN DOYE A/K/A
PATRICIA DOYE KENDALL
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on.m 2014 by Cynthia
Bond Ables.
Notary Public, State of Texas
My commission expires:mm
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on � 2014 by John
Henry Bond, III.
Notary Public, State of Texas
My commission expires: LL
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on w y b 2014 by Jean
Doye Stokes.
Notary Public, State of Texas
My commission expires: ,_
2
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2014 by Wayne
Stokes.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2014 by Joe P.
Doye, Jr. a/k/a Joseph Pierre Doye, Jr.
Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on �u r m , 2014 by Patricia
Ann Doye a/k/a Patricia Doye Kendall.
Notary Public, State of Texas
My commission expires: __
W,
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901 -A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
EXHIBIT "A" - to Slope Easement
- rthur Surveying Co., Inc.
�xofesszonal r� rFd Sus- veyozs
P.O. Box 54 -.Lewisville, Texas 75067
Office: (972) 221 -9439 •- Fanx: (972) 221 -4675
EXHIBIT "A"
MAYHILL ROAD
SLOPE EASEMENT
0.804 Acres
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of lanai situated in the John B. Brandon Survey, Abst, °act Number 1.515,
City of Denton, Denton County, Texas, and being part, of that tract of land described by deed to John ]°henry Bond,
Jr. et at, recorded tinder Instrument Number 2004- 30989, Official public Records, Denton County, Texas
(O.P.R.D.C.T.), and being part of that tract of land described by deed to John henry Bond., Jr. et al, recorded under
Instrument Number 2004 - 30988, t3.P..R D.C.`1 °.,, and being more particularly described as follows
COMMENCING at a "PK" Nail set for the southeast corner of said Bond tract (2004- 30989) and the northeast
comer of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume
337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 218.08 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur
Surveying Company" (A.S.C.) set for the POINT OF BEGINNING;
THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004- 30989) and
the north line of said Haggard tract, a distance of 10.02 feet to a point for corner;
THENCE North 01 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004- 30989), a distance
of 1 ] .35 feet to a point for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 834.81 feet
to a point for comer;
THENCE North 87 degrees 07 minutes 27 seconds West, over and across said Bond tract (2004- 30989), a distance
of 5.00 feet to a point for corner;
THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tract (2004- 30989), a distance
of 1144.51 feet to a point for comer;
"I"11ENCE North 00 degrees 22 minutes 33 seconds mast, over and across said Bond Iract (2004 - 30989), a distance
of 3196.47 feet to a paint for col`ner ill the notch lure of said Bond tract (2004 - 30989) and the south line of a tract of
land described by deed to Haeussler Properties, recorded tinder Instrument Number 2003 - 205747, O.P.R D.c.T.,
same point being in Spencer Road;
THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004- 30989) and
the south line of said Haeussler Properties tract, a distance of 33.34 feet to a "PK" Nail set for corner in Spencer
Road, same point being the beginning of a non - tangent curve to the left, having a radius of 2068.18 feet;
(continued)
C 1107131-19
Parcel M134
Slope Easement
EXHIBIT "A" - to Slope Easement
Arthur Surveying Co., Inc.
Pxotessiorza.l Laud Suz-veyors
P.O. Box 54 --- Lewisville, Texas 75067
OlYicc: (972) 221 -9439 •-- Fax: (972) 221 -4675
THENCE with said curve to the left, over and across said Bond tract (2004- 30989), through a central angle of 01
degrees 46 minutes 54 seconds, whose chord bears South 03 degrees 46 minutes 00 seconds West a distance of
64.31 feet, having an arc length of 64.31 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer;
THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2312.85
feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner;
THENCE South 01 degrees 50 minutes 21 seconds West, over and across said Bond tract (2004- 30989), a distance
of 10.56 feet to the POINT OF BEGINNING and containing 0.804 acres of land.
Cl .
! u
P i•,.A IP
C1107131 -19
Parcel M134
Slope Easement
EXHIBIT "B" - to Slope Easement
M. E. P. & P. R. R. Co. Survey
Abstract Number 927
(Variable Width ROW) I
2" I.P.F SPENCER ROAD I
(C.M.)
0- --�- --
N88156 21 "W
155.59' S8 '43'23 "W LL.—
1 i 76.43'
0.804 Acre
�Slope Easement ��—A1
(35,041 sq. ft.) I
John Henry Bond, Jr
et. al.
Instr. No. 2004 -30989
587" a'49A "W
1672,63
5820021 ,W L3
2° .I'.1". F.C.P.
(C.M.)
Haeussler Properties
Instr. No. 2003 - 205747
I
i N 15' Gas Easement
rinstr. Nei. 2008- -80418
Insir. No. 2011 -11316
N
400 0 200 400
SCALE: 1 " = 400'
Bearings shown hereon based on the City of
Denton GIs Network.
John Henry Bond, Jr et.
Instr. No. 2004 -30988
David Hough Survey, Abstract Nuinber 646 I
Mason A. Haggard & wife, Wilma Haggard 1 *' W Q
Vol. 337, Pg. 430 (remainder)
EXHIBIT "B"
Slope Easement
Mayhill Road Project
0.804 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
—2012--
SURVEYORS CERMCATION:
711 vadevigned daaa hVVbyCt1dfY W 1441
Revd (O-, 140.102630 & 10640) that Miia
NOTES:
r"i
rat-my iym thla day owde on tho a'rournt of tho
� �
I.P.F. = Iron Pipe Found
y
•
I.R.F. =12" Iron Rod Found
I
0
I.R.S. =12" Iron Rod Set with
1
h331N1nvraarnta,ra rraaralaar uhtaorwoa y+(hotI
yellow cap stamped "Arthur
.hAvo beeta advised oftxrept as % Nnlwn herrao,
Surveying Company"
•
All improvements not shown hereon.
0
Easements recorded in Vol. 316, Pg. 8 &
Fit
Vol. 336, Pg. 182 do not affect this tract
'
to the best of my knowledge.
Blanket easements recorded in Vol. 354,
Pg. 401 & Vol. 520, Pg. 495 include this
tract.
John Henry Bond, Jr et.
Instr. No. 2004 -30988
David Hough Survey, Abstract Nuinber 646 I
Mason A. Haggard & wife, Wilma Haggard 1 *' W Q
Vol. 337, Pg. 430 (remainder)
EXHIBIT "B"
Slope Easement
Mayhill Road Project
0.804 acres in the
John B. Brandon Survey,
Abstract Number 1515
City of Denton
Denton County, Texas
—2012--
SURVEYORS CERMCATION:
711 vadevigned daaa hVVbyCt1dfY W 1441
Revd (O-, 140.102630 & 10640) that Miia
�0 '
r"i
rat-my iym thla day owde on tho a'rournt of tho
� �
171vFrsty le$eP11" & %njkd Pa twz awl lx corv'ei, and
y
ft] Ora brit attay l�nowled "f,.; tllcre nra 130'P°i5ibla'
0
ddarrelraetctrs, c0 mftk% ailartaylen 10 fi ^A, l YJpM&W
W
line wldrict% cocmichmaur, uVrAspolne of
h331N1nvraarnta,ra rraaralaar uhtaorwoa y+(hotI
.hAvo beeta advised oftxrept as % Nnlwn herrao,
rthur Surveying Co., Inc.
Profi!S llurveyors
P.O.Box 54 — Lewisville, Te=as 76067
Office: (972) 221 -9439 Fax: (972) 221 -4675
Estatblished 1986