The URL can be used to link to this page

2014-012s: \legal \our documents \ordinances \14 \nelms ®greb final acquisition ordinance.doc ORDINANCE NO. 2014 -012 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (1) FEE SIMPLE TO A 7.628 ACRE TRACT (THE "MAYHILL TRACT "); (11) FEE SIMPLE TO 2.276 ACRES (THE "LANDFILL LANDS "); AND (III) A DRAINAGE EASEMENT (HEREIN SO CALLED), ENCUMBERING 0.196 ACRES, ALL LANDS LOCATED IN THE DAVID HOUGH SURVEY, ABSTRACT NUMBER 646, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A ", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 2100 BLOCK OF SOUTH MAYHILL ROAD (THE "PROPERTY INTERESTS "), FOR (A) AS CONCERNS THE MAYHILL TRACT AND THE DRAINAGE EASEMENT, THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS CONCERNS THE LANDFILL LANDS, 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) KEVIN NELMS AND RICHARD GREB AND WIFE, NANCY GREB (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 EIGHT HUNDRED SIXTY SEVEN THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS AND NO CENTS ($867,347.00), 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton made an initial offer to the Owner to purchase the Property Interests on July 19, 2013, pursuant to Ordinance No. 2013 -181, 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 Drainage Easement are necessary for public use to provide street and roadway expansion and improvements of Mayhill Road; and (b) the Landfill Lands are 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 (a) execute for and behalf of the City (i) 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 $867,347.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with the terms of the Agreement. SECTION 4. 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 5. The offer to Owner, or other owners of the Property Interests, as applicable, shall be made in accordance with all applicable law. SECTION 6. 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 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 780 day of 2014. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ..... ... . ..... . . ................ . . . . EXHIBIT "A" - to Ordinance (Property Interests) rt_ ur Surveying _ ^, Inc. P.O. Box s4-' Lewisville, Texas ryoa? Oonvn: (972) 221-9439 —Fux: (972) 221-467:5 MAYHILL ROAD PARCEL M137&M130 7.628 Acres ' City of Denton, Denton County, Texas BEING all that cerfain lot, tract or parcel of hind situated in (lie David Hough Survey, Abstract Number 646, City of Denton, Denton County, Tmmao and being uooram�/ and umm«eounoedvy deed m Kevin mep.m,Recorded °^ Vo�me34J��Pagm91i,De*d' Records, Denton County, Texas UDJ�D1�TJ, and being more particularly described as follows: BEGINNING utu'PK` nail set }u&8oyhU| Road for the southeast comer wf said Nelms Tract l and the northeast comer of a right-of-way dedication as shown on Providence Place 11, an addition to the City of Denton, Denton County, Texas, according bothe plat thereof recorded in Cabinet }{. Page 9O5,Plat Records, Denton County, Texas; T 'DNCE South 88 degrees 0l minutes 21 seconds West, with the south line oy said Nelms Tract [ and the north line of said right-of-way dedication, a distance of 28.98 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the beginning of a non-tangent curve to the left, having a radius of 355.00 feet; THENCE over and across said Nelms Tract 1, with said curve to the left, through a central angle of 44 degrees 20 minutes 29 seconds, whose chord bears North 25 degrees 14 minutes 53 seconds West at 267.93 feet, having an are length o[274.74 feet tou1/2 inch iron rod with yellow cap stamped ^'A3C" set for corner; THENCE North 57 degrees 27 minutes 27 seconds West, over and across said Nelms Tract 1, a distance of 197.21 {eutoul/%iuo6ioou/odwkhyeUownaputaopud"^43C"ocxforuomec THENCE South 37 degrees 43 minutes 36 seconds West, over and across said Nelms Tract 1,u distance of3O7.9? feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius o[VOl0Ofeet; THENCE over and across said Nelms Tract 1, with said curve tn the left, through uoeutru} angle ofO9 degrees 2\ minutes 40 seconds, whose chord bears South 33 degrees 02 minutes 46 seconds West at 147.70 feet, having an arc length ofl47.86 feet tnal/2 inch iron rod with yellow cap stamped "ASC°set for comer {o the south line ofsaid Nelms Tract [and the north line oC said Providence Place D; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms Tract I and the north line of said Providence Place 11, a distance of 286.96 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; . THENCE North Ol degrees j8 minutes 58 seconds West, over and across said Nelms Tract 1,u distance ofD.87feet toul/2 inch iron rod with yellow cap stamped 'A C'o,tfbrthobe0[noiugofunoo-tuu&eutouzvuuotheluft,baviug u radius ofl25.O0feet; (continued) cxunB/41 Parcel M137 & M138 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. �xofesszas�aY .7✓and Surveyoxs P.O. Box. 54 Lewisville, Texas 75067 Offlee: (972) 221 -9439 •- Fax: (972) 221 -4675 THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 43 degrees 33 minutes 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92.75 feet, having an arc length of 95.02 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 106.00 feet; THENCE over and across said Nelms Tract I, with said curve to the right, through a central angle of 13 degrees 34 minutes 20 seconds, whose chord bears North 30 degrees 56 minutes 26 seconds East at 261.38 feet, having an arc length of 261.99 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms Tract I, a distance of 160.39 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non - tangent curve to the left, having a radius of 109.42 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 3 8 degrees 56 minutes 51 seconds, whose chord bears North 18 degrees 15 minutes 10 seconds East at 72.96 feet, having an arc length of 74.38 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 129.21 feet; THENCE over and across said Nelms Tract I, with said curve to the right, through a central angle of 3 8 degrees 33 minutes 48 seconds, whose chord bears North 18 degrees 26 minutes 43 seconds East at 85.33 feet, having an arc length of 86.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 10.00 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 90 degrees 05 minutes 58 seconds, whose chord bears North 07 degrees 19 minutes 26 seconds West at 14.15 feet, having an arc length of 15.73 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 52 degrees 22 minutes 26 seconds West, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 37 degrees 37 minutes 34 seconds East, over and across said Nelms Tract I, a distance of 70.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 52 degrees 22 minutes 26 seconds East, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 10.01) feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 89 degrees 53 minutes 58 seconds, whose chord bears North 82 degrees 40 minutes 35 seconds East at 14.13 feet, having an arc length of 15.69 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 52 degrees 16 minutes 24 seconds East, over and across said Nelms Tract I, a distance of 77.91 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non - tangent curve to the left, having a radius of 920.00 feet; (continued) C1107131 -41 Parcel M137 & M138 EXHIBIT "A" - to Ordinance (Property Interests) Arthur Surveying Co., Inc. .Pro�esszoz�al 1La_zzci 3uz- veyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 --- Fax: (972) 221 -4675 THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 32 degrees 32 minutes 30 seconds, whose chord bears North 19 degrees 08 minutes 48 seconds East at 515.53 feet, having an arc length of 522.52 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 Nelms Tract I, a distance of 31.69 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer in the north line of said Nelms Tract l and the south line of said Nelms Tract II; THENCE North 87 degrees 51 minutes 52 seconds East, with the north line of said Nelms Tract I and the south line of said Nelms Tract 11, a distance of 12.55 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 Nelms Tract II, a distance of 324.80 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract 11 and the south line of a remainder of a tract of land described to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, D.R.D.C.T.; THENCE North 88 degrees 56 minutes 53 seconds East, with the north line of said Nelms Tract II and the south line of said Haggard tract, a distance of 141.36 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 02 degrees 12 minutes 08 seconds West, over and across said Nelms tracts, passing the south line of said Nelms Tract II, continuing on for a distance of 455.65 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non - tangent curve to the right, having a radius of 1082.50 feet; THENCE over and across said Nelms Tract I, with said curve to the right, through a central angle of 28 degree 13 minutes 01 seconds, whose chord bears South 21 degrees 39 minutes 56 seconds West at 527.74 feet, having an arc length of 533.10 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 46 degrees 38 minutes 28 seconds East, over and across said Nelms Tract 1, a distance of 218.20 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non - tangent curve to the right, having a radius of 445.00 feet; THENCE over and across said Nelms Tract 1, with said curve to the right, through a central angle of 18 degrees 46 minutes 44 seconds, whose chord bears South 38 degrees 01 minutes 45 seconds East at 145.20 feet, having an arc length of 145.85 feet to a "PW' nail set for corner in Mayhill Road; THENCE South 02 degrees 06 minutes 21 seconds West, with Mayhil Road, a distance of 193.36 feet to the POINT OF BEGINNING and containing 7.628 acres of land of which 0.153 acres lies within existing Mayhill Road. W F 1" a j'O'HN, M. Fl � SUM C1107131-41 Parcel M137 & M138 EXHIBIT "A" - to Ordinance (Property Interests) Mason A Haggard & 1, R, wife, Wilma Haggard 1 W Volume 337, Page 430 t N� (remainder) exlstira,g N88 °56'53 "B 14' , Kevin Helms 141 36r a Vol. 3432, Pg. 011 Tr a.. _. . ct 11 Richard A Greb & \oy,gU N o0 A. Grab Instr. Wo.y2000 100770 ycr °• gee ° �� Tract 11 trt I.R.F. S87''.52 W\ L13 — 1585, 91 a:xlsting fence Existing Implied Dedication 0.153 ac 6,65 s 1..xttN�'v Dedication 7.475 ac. 3 332 26p658 sq. 0,.) " l ( 7.628Acres ( 5 sq. ft.) Parcel M137 & M138 It C16 Kevin Nelms Vol. 3432, Pg. 911 Tract I Richard A. Greb & Nancy A Greb a5 Instr. No. 2006- 100770 0' Tract I o"� �1 k). i f�,o C C r' �„el gns tens m 5 E n°tPY She• w 5 A N ae,+ C� to 010 t66 300 0 150 300 r << C4e I • I.R.S. = 1/2" Iron Rod Set with S88'01'21 � "W SCALE: 1"= 300' 955.83 15 C3 exk Bearings shown hereon based on the City of k). i f�,o C C r' �„el gns tens m 5 E n°tPY She• w 5 A N ae,+ C� NOTES: OF 300 0 150 300 r 0 I.R.F. = 1/2" iron Rod Found • I.R.S. = 1/2" Iron Rod Set with SCALE: 1"= 300' ° ' rwl ' d Bearings shown hereon based on the City of Denton GIS Network. Gas Eosement . = Municipal Use Tracts. No. 2006 -34815 ,, �� — 60` Brazos ElecRr Power Ensement vohrote 1636, Page 436' • VI „R ' Nail C Implied Dedication 1 L15 • .,P, » Nod of i 1 • G— — - -' 5�8" I.R.F. - ._. -- -. - tw t �t tt � a Providence Place Il Robert P. Donnelly Cabinet X. Page 805 rw t 1fiolunrta 33114, Pa$o t305 ( remainder Donnelly Addition - d Cabinet 0, Page 77 •See page 2 for line & curve tables* Mayhill Road Parcel M137 & M138 7.628 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012— All improvements not shown hereon. Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract. Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. Gas line shown was not field verified. location provided by others. r y�a ti ^. arr.,�fv IVI l ,l,el 8t11tvEY RS (XI11MCA'r"lt N The mmaGcssilgrac+tp dmee lscratryrrrwiry to TWO Rcsmauces (G.r. No, 107631 & 102632) dauat flair .5u rwey vwsm thi�w d"y mhmlar, on tho Vomit ordic pope ply lcgs)ly doscrrlvcd firwwaoa and is comwr^ct, etxl to the best ofrwvy Ymovw icdiva,, oxfo o a xv° Vislble discrrpmdes, exg1tirretr, slice uges In Aran, lsowubry linen contlicts, es Cao•clmnsmts: owrlmpap foe, of +p mxw rcexrcaats, a.rsaeracots or'rial l of way ant I &mvc hem mdwived or'eAcefpt ss shown havon, rthur Surveying Co., Inc. ,professional Land Surveyoxs P.O.Box 54 - Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Ent.ablished 1986 Page 1 of 2 NOTES: o = I.RS. Qtj 0 I.R.F. = 1/2" iron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur �� YN Surveying Company" Gas Eosement . = Municipal Use Tracts. No. 2006 -34815 ,, �� — 60` Brazos ElecRr Power Ensement vohrote 1636, Page 436' • VI „R ' Nail C Implied Dedication 1 L15 • .,P, » Nod of i 1 • G— — - -' 5�8" I.R.F. - ._. -- -. - tw t �t tt � a Providence Place Il Robert P. Donnelly Cabinet X. Page 805 rw t 1fiolunrta 33114, Pa$o t305 ( remainder Donnelly Addition - d Cabinet 0, Page 77 •See page 2 for line & curve tables* Mayhill Road Parcel M137 & M138 7.628 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012— All improvements not shown hereon. Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract. Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. Gas line shown was not field verified. location provided by others. r y�a ti ^. arr.,�fv IVI l ,l,el 8t11tvEY RS (XI11MCA'r"lt N The mmaGcssilgrac+tp dmee lscratryrrrwiry to TWO Rcsmauces (G.r. No, 107631 & 102632) dauat flair .5u rwey vwsm thi�w d"y mhmlar, on tho Vomit ordic pope ply lcgs)ly doscrrlvcd firwwaoa and is comwr^ct, etxl to the best ofrwvy Ymovw icdiva,, oxfo o a xv° Vislble discrrpmdes, exg1tirretr, slice uges In Aran, lsowubry linen contlicts, es Cao•clmnsmts: owrlmpap foe, of +p mxw rcexrcaats, a.rsaeracots or'rial l of way ant I &mvc hem mdwived or'eAcefpt ss shown havon, rthur Surveying Co., Inc. ,professional Land Surveyoxs P.O.Box 54 - Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Ent.ablished 1986 Page 1 of 2 EXHIBIT "A" - to Ordinance (Property Interests) Mayhill Road Parcel M137 & M138 7.628 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012-- rthur Surveying Co., Inc. Professional Land Surveyors P.O.Hox 64 — Lewisville, Texas 76067 Office: (972) 221 -9439 Fax: (972) 221 -4676 Established 1966 Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. �xof�ssioxa�3 JC,�.xzd Suz- veyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 •-- Fax: (972) 221 -4675 MUNICIPAL USE TRACT 2.151 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of Tracts I and II as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a "PK" nail set in Mayhill Road for the northeast corner of said Nelms Tract II and the southeast corner of a remainder of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, D.R.D.C.T.; THENCE South 02 degrees 06 minutes 21 seconds West, with Mayhill Road, passing the south line of said Nelms Tract II and the north line of said Nelms Tract I, continuing on for a distance of 1212.24 feet to a "PK" nail set in Mayhill Road for the beginning of a non - tangent curve to the left, having a radius of 445.00 feet; THENCE over and across said Nelms Tract 1, with said curve to the left, through a central angle of 16 degrees 47 minutes 45 seconds, whose chord bears North 37 degrees 02 minutes 15 seconds West at 129.98 feet, having an arc length of 130.45 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tracts, passing the north line of said Nelms Tract I and the south line of said Nelms Tract II, continuing on for a distance of 1107.01 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract II and the south line of said Haggard tract; THENCE North 88 degrees 56 minutes 53 seconds East, with the north line of said Nelms Tract 11 and the south line of said Haggard tract, a distance of 80.31 feet to the POINT OF BEGINNING and containing 2.151 acres of land of which 0.904 acres lie within existing Mayhill Road. C1107131 -41 Parcel M137 & M138 -MUT EXHIBIT "A" - to Ordinance (Property Interests) w Mason k Haggard xife, Wilma Haggard (Vo Volume 337, Pa a 430 N88,5653T :'G (remalnder o� exk(lbg 80.31' i 2 t'anca ,. Kevin Nelms Vol, 3432, Pg. 911 Tract I[ t J Richard A. Grab 81 J Nancy A Grob Instr. No. 2008- 100770 aat•t Tract 11 S87 "5J'S2 W �,�" t I.R.F. J585.9)I t (C.M.) -- —Y - – -- f - New 1'vlltnicipal Use 0.8'63 ac, x(,37, 00 sq, ;) Existing Implied Dedication 0.904 t��1c.. ((9,384 sq - Gas Easement 0.384 ac. (16,717 sq.11.) l Jff ,l crC5 (93,701 sq. ft T i Municipal Use Tract , �»t�f Kevin Nelms bi3 VOL 3432. Pg. 911 Tract I��- Richard A. Grab & 0 Nancy A. Grab yop1 Instr. No. 2006- 100770 Tract I,a es t�1 ,�� 133 a �• t �� 28�b eat L� p �I 01'21 t'wwa,ia�sed 1+alwaaaicipai a..J as `1 ralal 2 la Providence Place lI° Robert P. Donne-11Y Cabblet raga 906 Volume 3334. Pa ° 906 (rertaarlxwd mr a 1 Donnelly Addition Cabinet 0, t'age '" }k CURVE TABLE # Radius Lenolt Delta Chord Cl 445.00' 130.45' 16°47145" iV37a02'15 "W 129.98' Municipal Use Tract 2.151 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012-- �I 1 F tOV b w a 15' Cas Easement hcsfr. No. 2006 -34815 A N 300 0 150 300 SCALE: 1" =300' Bearings shown hereon based on the City of Denton GIS Network. �I— 60` Brazos riwtctrfc t, bower rose ant t �'ofanw 1636, tinge 4,36 ,.., -- Implied Dedication "PK" Nail Set t J91...36, lP set Nail NOTES: • o= I.R.S. • 7.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. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. O SURVEYORS CERTMCATYON: no widenigaod Boca lwerehg^ cratiry to Title 14 axrllm^cm (0,K Ncr., 1026831 A ..1: 02612) that this sw vq wm t11b day nude on l o pound of'Ure 1uo,prity lar&fly desuukhea7 hri=a and is an and raw dwo 11rst of mylnowledga, there arc no visible dhr4rPs;nd4s„ conwaas, 6601 ages 64 area, larau"e' xy lhae conflidg, ecacrwaea d raseaas, o lapay IUA of lnryarovca "aaa% i ssalow or dell or%wly thatl haw ktaa advLwd orexc4pt as rhawn 100eao1L rthur Surveying Co., Inc. Professional Land Surveyors P.O.Box 64 – Lewisville, Texas 76067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Established 1986 • 4 EXHIBIT "A" - to Ordinance (Property Interests) Arthur Surveying Co., Inc. �°rofessiox�t�.Y �a.x�d Suz�re�roxs P.O. Box 54 --- Lewisville, Texas 75067 0117ice: (972) 221 -9439 - - Fax: (972) 221 -4675 MUNICIPAL USE TRACT 0.125 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of Tract I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a "PK" nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast corner of a right -of -way dedication as shown on Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said right -of -way dedication, a distance of 28.98 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT OF BEGINNING; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said Providence Place addition, a distance of 53.79 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tract, a distance of 161.30 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a non - tangent curve to the right, having a radius of 355.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 27 degrees 05 minutes 13 seconds, whose chord bears South 16 degrees 37 minutes 15 seconds East at 166.27 feet, an are length of 167.83 feet to the POINT OF BEGINNING and containing 0.125 acre of land. C1107131A I Parcel M137 & M138 -MUT2 A ry�A)GLAS 1. �..� 435 1 �Cgs� � . EXHIBIT "All - to Ordinance (Property Interests) Wason. L Haggard & wife, Wilma Haggard Volume 337, Page 430 (remainder) Kevin Nelms VOL 3432, Pg. 911 Tract ll Richard AL Greb & Tract 11 Nancy L Grab !387 7,,�517� Instr. No. 2006-100770 ecce �;j 1'52 I.R.F. 5.91 Navin Vol, 34132, P& Oil Traot I Richard A Grob Nancy A. Creb Irkaix, Vo. 2006—t00770 Tract I New MunicilA Use 0.074 ac. (3,202 sq ' ft.) Gas L-asement 0.051 ac. (2,222 sq. ft.) 0.125 Acres (5,424 sq. fQ 4j LR. No 1P 10 a C42 5111 Gas Easement No. 2006-34815 0 300 0 ISO 300 SCALE: 1"=3W Bearings shown hereon based on the City of Denton GIS Network. — 60' Brews Elactrk Power L"O"meAt VWme 1636, Page 436 Proposed Municipal Use Tract I IV %600,0,t) Municipal Use To-act 2 'o 01 1- t T, L3 :887091'21 l e1 1-19-6 "k1K" Noff Set F.R.F. - r�- .. _. _ _ 1A , tra M,) Providoltoo, Pico@ Cabinet K Page 905 DonWIlY Ad-11"On Cabinet 0, Tlag6 77 Robert P. Donnelly JJNE TABLE Velt.n. 3304, V 6 005 'a EL' T�—S88-01'21 "W 28.98' (remaind-A : :2 S88 °01'21 "W 53-79' -Q-302-12'08T 161.301 3 ,L: CURVE IA131,E # Radius Length I Delta Chord E S16037'15"E 1 6,27- Municipal Use Tract 0.125 Acre David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas - 2012 - NOTES: • o= I.R.S. • 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. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipe] inC not specifically located. SURVEYORS CER7MCA710N. Tim tiodorsipod does haeby cerdfY to Tida Kewtvvtv (GY. No. 102631 & j 02432) &0 this s urvoy wts tIds day xafide on Opegmund of Me property lopity described harcon = d is r4aivri, and w the br.;f arawy lmwkdgt Moe we ao, ViAble d1e01rVfi94iCA cdattic ft, sh"'AM In area, 0o"t1d"y this rannicu, axanraaet xxrep ps, ov flapplur Of ijjjjmvw.=tm, cagoijAcilits or rights ofway chart I Jaye been advised afexcept m shown huoaa, Arthur Surveying Co., Inc. Professional "Urmyms P.O.Box 64 — Lewisville. Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Established 1986 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. 'Rxofess.ic>"a.Y Y,a "'d Szzz- rreyors P.O. Box 54 -�- Lewisville, Texas 75067 0111ce: (972) 221 -9439 --- Fax: (972) 221 -4675 20' DRAINAGE EASEMENT 0.037 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of Tract I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a "PK' nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast corner of a right -of -way dedication as shown on Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said right -of -way dedication, a distance of 865.78 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North 01 degrees 58 minutes 58 seconds West, over and across said Nelms tract, a distance of 8.87 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non - tangent curve to the left, having a radius of 125.00 feet; THENCE over and across said Nelms tract, with said curve to the left, through a central angle of 43 degrees 33 minutes 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92.75 feet, having an arc length of 95.02 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 1106.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 10 degrees 41 minutes 20 seconds, whose chord bears North 29 degrees 29 minutes 56 seconds East at 206.03 feet, having an arc length of 206.33 feet to the POINT OF BEGINNING; THENCE North 52 degrees 16 minutes 24 seconds West, over and across said Nelms tract, a distance of 20.02 feet to the beginning *of a non - tangent curve to the right, having a radius of 1126.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 02 degrees 49 minutes 56 seconds, whose chord bears North 36 degrees 18 minutes 38 seconds East at 55.65 feet, having an arc length of 55.66 feet to a point for comer; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms tract, a distance of 24.37 feet to a point for corner; THENCE South 52 degrees 16 minutes 24 seconds East, over and across said Nelms tract, a distance of 20.00 feet to a point for corner; (continued) C1107131 -41 Parcel M138 -DE 1 EXHIBIT "A" - to Ordinance (Property Interests) Arthur Surveying Co., Inc. y�xo�esszonal �,azxd Surveyoxs P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221 -9439 •- Fax: (972) 221 -4675 THENCE South 37 degrees 43 minutes 36 seconds West, over and across said Nelms tract, a distance of 24.37 feet to the beginning of a non- tangent curve to the left, having a radius of 1106.00 feet; THENCE over and across said Nelms tract, with said curve to the left, through a central angle of 02 degrees 53 minutes 00 seconds, whose chord bears South 36 degrees 17 minutes 06 seconds West at 55.65 feet, having an arc length of 55.66 feet to the POINT OF BEGINNING and containing 0.037 acre of land. C1107131 -41 Parcel M138 -DE1 O EXHIBIT "All - to Ordinance (I CURVE TABLE I # Radius I Length Delta -1 Cl 125.00' 1 95.02' 1 43033122" 1 N660 N [qC2 1106.00' 206.33' 1 10-4120" N29- 1126.00' 55.66'� 02-49'56" N360 C C 4 1106.00' 55.66' 02 °53'00" r S36 200 0 too 200 SCALE: 1" =200' Bearings shown hereon based on the City of Kevin Nelnu Denton GIS Network. Vol. 3432, Pg. 911 Traot I (C.M.) Richard A. Grab & ..to Nancy A. Grob Irmtr. No. 2006-100770 Tract I L, NN(0- .N N "o * V& 0.037 Acre 20' Drainage N3704336tE Sj Easement 24.37',,,tV� (1,600 sq. ft.) L;3 02170411126"1111 C4 24.37' N52016'24"W 20.02' N01 '58'5p,"W L R. F N &87 C1 " __ __ - - '21 ,"2 � - — -- — -- — - 63 erl V00-A °1.6'24 "E 20.00' C2 4' U. 7 T. U i roped y Interests' I "E 92.75' 6"E 206.03'_ PE 55.65' 5"W 55.65' fl, 300L) "VPA . 40 Wo 1Z.j I II A. IW — 60' vrozos Vocirk Powee Fasoment V,rtrjme 1636, Page 436 Cos Easement No. 2006-34815 _t1_-RT"PK" Nail 1 rW--®r,57F6 set Donnelly Addition cabinet 0 . page 77 r - - Providence Place Crag W Cabinet X page 905 INI i: 0;t ar Robert P. Donnelly Vol"m3384, Pft5e 905 Volume 10 H� ai NOTES: • LR.F. = 1/2" Iron Rod Found LR.S. = 1/2" lron. Rod Set with yellow cap stamped "Arthur Surveying Company" All improvements not shown hereon. • Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & 62 Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigend in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. ri"2911111111111614M IMZ� 1711W+r. 20' Drainage Easement 0.037 Acres -David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012-- SURVEYORS CERTMCATTON: 7700 undmipcd dms ficsoby ccrti* 'to 777,10 R4 40 jtrrm (Uj'. No. 10263 f A 102632) dat (J* stirvgy am thin day modr on dw growl ofth al rupperty jqnjjy #vs4tiW hareon and is eaffvc4 and Bey tfic 1r447t ofoiy knowledge, Mena Am no vislblb dis=Mne, 1w, conflicK AOMRM In Ott, bOuMil"Y jiaao evaincu, eneronclnax taaa omrimpring or impmmmemo, vasoutenti or rigbls of VMY fha:t I hAVO 6440 MdVkM OrMfIlt M ShOWn hC"Ofl. Arthur Surveying Co., Inc. Professional Land Surveyors P.O.Box 54 — Lewisville, Texas 76067 Office: (972) 221-9430 Fax: (972) 221-4675 Established 1986 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. �rofess�iox��Y �,aud Suz-sre� ors P.O. Box 54 -- Lewisville, Texas 75067 Oliice: (972) 221 -9439 •— Fax: (972) 221 -4675 50' DRAINAGE EASEMENT 0.159 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of "Traci I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Tcxas I. R.D.C. °r,), and being more particularly described as follows: COMMENCING at a "PK' nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast corner of a right -of -way dedication as shown on Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said Providence Place It, a distance of 382.61 feet to the POINT OF BEGINNING; THENCE South 88 degrees 01 minutes 21 seconds West, continuing with the south line of said Nelms tract and the north line of said Providence Place II, a distance of 66.52 feet to a point for corner; THENCE North 43 degrees 14 minutes 38 seconds West, over and across said Nelms tract, a distance of 112.01 feet to the beginning of a non - tangent curve to the right, having a radius of 905.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 02 degrees 57 minutes 45 seconds, whose chord bears North 36 degrees 14 minutes 44 seconds at 46.79 feet, having an arc length of 46.79 feet to a point for comer; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms tract, a distance of 4.05 feet to a point for corner; THENCE South 43 degrees 14 minutes 38 seconds East, over and across said Nelms tract, a distance of 165.06 feet to the POINT OF BEGINNING and containing 0.159 acres of land. V N ni,. r" r i 11 i J J Nw ri 1. C1107131 -41 Parcel M138 -DE2 EXHIBIT "A" - to Ordinance (Property Interests N 200 0 100 200 SCALE: V =200' Bearings shown hereon based on the City of Denton GIS Network. I.R.F. (C.M.) :'a1 N Cq z� S /B'" I.R.F. (C.M.) te��l p�te� 1�2g8 Kevin Nelms Vol. 3432, Pg. 911 Tract I Richard A Grab dt Nancy A. Greb Instr. No. 2008- 100770 Tract I F rw JOHN Ni rri rSSEUL , tw O CI R--905.00' L= 46.79' A=02 05745" Chd. N36 °14'44 "E 46.79' N37 °439 6"E 4.0.5' C1 r.. / ' N4301498 "W 112.01' � b I 30 4 t � A ° me 0.159 Acre 50' Drainage ' - Easement (61939 sq. ft.) I 00l V21 . — 13 't14 2l 0 N I' �I I� g a 8 s ! 9 OF P4°0 b ►� 3 R12. E — 60` Maros Cloctrk Porwer rosrrment Vot "me 1636, Page 430 1.5' Gas Easement - lnstr. No. 2006 -34815 "PK" Nail set 021"W exrwllrwV 2 " tmnea ,....�__........, _�._ .... 66.52— ..�..„,�...�.. Donnelly Addition _ •°_, = Cabinet 0. Page 77 t Providence Place II I Cabinet X, Page 906 Robert P. Donn elly Yy1 ga 906 Volume 4 X remainder) NOTES: • 1.11-17. = 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. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigend in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. 50' Drainage Easement 0.159 Acre David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012-- S(MV21'i11 CF.R °1F*1CA'110N: 'Mo rrmmlmrslgvrM rlmcw rrcrrW by Ccwdaly $0 Tide; ReAvMVC4 (O F7'.'No,1D2631' ,A 10 -1632) 6M 011m sarrw w tie d1 6Y "M* era B w t rxrmnrt' of rtes 1nr'ol0' try m11y rtracstGrct brr an mnrl Fr r 1, war 1 to'rlra Geary eCrraylanr�avdodgle, rdhcrm mr�c nu wlru "1z1wr dls�relaan�9�,r, craaatit�t�, aFwortrrter �r dure.l "wrwardsigy #ins e�rntlteds, e'aae;rrnuelrrrrw�aa, rrvevtmlrctrtrr,� o� laeroprew m arts, raraarmtn orrf8G1 .1—Y U-1 t J.'. Gccae.driac�talexrr�d'.�mF�ruut earn. rthur Surveying Co., Inc. Professional Land surveyors P.O.Box 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Established 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 b 'a- , 2014, but effective as of the date provided below, between Kevin Nelms and Richard Greb and wife, Nancy Greb (referred to collectively herein as "Owner ") and the City of Denton, Texas ( "City "). WITNESSETH: WHEREAS, Kevin Nelm and Richard Greb and wife, Nancy Greb are the Owner of a tract of land (the "Land ") in the David Hough Survey, Abstract Number 646, 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 apart 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 tracts of land being described in Exhibits "A -1" and "A -2 ", respectively, and depicted in Exhibits "B -1" and "B -2 ", respectively, 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 Drainage Easement (the "Easement "), in, along, upon, under, over and across the tracts of land being described in Exhibits "A -1" and "A -2 ", respectively, and depicted in Exhibits "B -1" and "B -2 ", respectively, to that certain Drainage Easement (the "Easement Lands "), the Easement being attached hereto-as Attachment 3 and made a part hereof, for drainage 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 Drainage 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 Eight Hundred Sixty Seven Thousand Three Hundred Forty Seven and No /100 Dollars ($867,347.00). 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 90 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. Kevin Nelms represents and warrants to City that (i) the Property comprises no part of the homestead of he and his wife; and (ii) the Property is the separate property of Kevin Nelms or, if community property, that Kevin Nelms has the legal authority to perform all actions and obligations prescribed by this Agreement without joinder of spouse. 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: J010 CITY: Kevin Nelms City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Phone Denton, Texas 76209 Telecopy: Telecopy: (940) 349 -8951 ri Richard Greb and wife, Nancy Greb Phone Copies to: For Owner: For City: Richard Casner, First Assistant City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 elecopy: _ 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. 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. 7 CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER D 2014 :at ATTEST: JENNIFER WAL'I ER& CITY SECRETARY [-*All Date APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Date: Z)ztf,*4, 2-0 12013 1 r 1120 104 KEVIN NELMS RICHARD GREB NANCY GREB Date: pc pillul 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 X ATTACHMENT 1 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 Kevin Nelms, a married man, with the Property (as defined below) comprising no part of the homestead of he and his wife, and Richard Greb and wife, Nancy Greb (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 4 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 , 2014. KEVIN NELMS RICHARD GREB NANCY GREB ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on _ _, 2014 by Kevin Nelms. Notary Public, State of Texas My commission expires: m Page 3 of 4 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2014 by Richard Greb. Notary Public State mm�J✓......m.,. _........_.... of Texas My commission expires:........ „ ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on 2014 by Nancy Greb. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, Texas 76209 Page 4 of 4 Notary Public, State of Texas My commission expires: mm_ Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT "A" - to Special Warranty Deed rthur Surveying Co., Inc. 1°r,�.�ss�iona.l Laacxd S:x:-veyoxs P.O. Box 54 -- Lewisville, Texas 75067 Office: (972) 221 -9439 -- Fax: (972) 221 -4675 EXHIBIT "A" MAYMLL ROAD PARCEL M137 & M138 7.Q8 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract: or parcel of land situated in the David Hough Survey, Absta -act Number 646, City of Denton, Denton. County„ Texas, and being part of Tracts 1 and 11 as described by decd to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.RD.C.T.), andbeing more particularly described as follows: BEGINNING at a "PK" nail set in Mayhill Road for the southeast corner of said Nelms Tract I and the northeast corner of a right -of -way dedication as shown on Providence Place 11, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 depxces 01 minutes 21 seconds Wcst, with the south line of said Nelms Tract I and the north line of said right -of-wavy dedication, a distance of 28.98 feet to a 112 inch Iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the beginning of a non - tangent curve to the left, having a radius of855.00 feet; THENCE over and across said helms Tract 4 with said curve to the left, through a central angle of 44 degrees 20 minutes 29 seconds, whose chord beats North 25 degrees 14 minutes 53 seconds West at 267.93 feet, having an are length of 2.74.74 feet to a 1%2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE North 57 degrees 27 minutes 27 seconds West, over and across said Nelms Tract I, a distance of 197.21 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 37 degrees 43 minutes 36 seconds West, over and across said Nelms Tract 1, a distance of 307.97 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 905.00 feet; THENCE over and. across said Nelms "Tract 1, with said curve to the left, through a central altgle of 09 degrees 21 minutes 40 seconds, whose chord bears South 33 degrocs 02 minutes 46 seconds West. at 147.70 feet, having an arc length of 147.86 feet to a 0 inch iron rod with yellow cap stalnped "ASC "' set for corner in the south line of said Nelms Tract I and the north line of said Providence Place 11; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms Tract I and the north line of said Providence Place 11, a distance of 286.96 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 0l degrees 58 minutes 58 seconds West, over and across said Nelms Tract I, a distance of 8.87 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non- tangent curve to the left, having a radius of 125.00 feet; (continued) C1107131 -41 Parcel M137 & M138 EXHIBIT "A" - to Special Warranty Deed /\rthu-r Surveying Co., Inc. Fr+�fesszortaX �a,aQd StzY- irneyors P.O. Box 54 -- Lewisville, Texas 75067 OCR= (972) 221 - 9439 --- Fax: (972) 221 -4675 THENCE over and across said Nelms Tract I, with said curve to the lcff, through a central angle of 43 degrees 33 minutes 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92.75 feet, having an arc length of 95.02 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of curve to the right, having a radius of 106.00 feet; THENCE over and across said Nelms 'pact I, with said curve to the right, through a central angle of 13 degrees 34 minutes 20 seconds, whose chord bears North 30 degrees 56 minutes 26 seconds Fast at 261.38 feet, having an are length of 261.99 feet to a 1/2 inch iron rod with yellow cap stamped "ASC"' set for comer; THENCE North 37 degrees 43 minutes 36 seconds East, over and ,across said Nelms 'Tract 1, a distance of 160.39 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of non- tangent curve to the lot having a radius of 109.42 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 38 degrees 56 minutes 51 seconds, whose chord bears North 18 degrees 15 minutes 10 seconds East at 72.96 feet, having an arc length of 74.38 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to tine right, having a radius of 129.21 feet; THENCE over and across said Nelms Tract 1, with said curve to the right, through a central angle of 38 degrees 33 minutes 48 seconds, whose chord bears North 18 degrees 26 minutes 43 seconds Fast. at 8533 feet, having an arc length of 86.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of curve to the left, having a radius of 10.00 feet; THENCE over and across said Nelms 17ract 1, with said curve to the left, through a central angle of 90 degrees 05 minutes 58 seconds, whose chord bears North 07 degrees 19 minutes 26 seconds West at 14.15 feet, having an arc length of 15.73 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 52 degrees 22 minutes 26 seconds West, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE North 37 degrees 37 minutes 34 seconds East, over and across said Nelms Tract 1, a distance of 70.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 52 degrees 22 minutes 26 seconds East, over and across said Nelms Tract 1, a distance of 20.00 feet to a 1!2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 10.00 feet; THENCE over and across said Nelms Tract 1, with said curve to the left, through a central angle of 89 degrees 53 minutes 58 seconds, whose chord bears Noah 82 degrees 40 minutes 35 seconds East at 14.13 feet, having an arc length of 15.69 feet to a 1/2 inch iron rod with yellow cagy stamped "ASC" set for corner; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 52 degrees 16 minutes 24 seconds East, over and across said Nelms Tract 1., a distance of 77.91 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the left, having a radius of 920.00 feet; (continued) C110713141 Parcel M137 & M138 EXHIBIT "A" - to Special Warranty Deed rthur Surveying Co., Inc. Fx�afess�ioz�al X—ana sx x vane noxs P.O. Box 54 --- Lewisville, Texas 75067 Oflico: (972) 221 -9439 -- Fax: (972) 221 -4675 THENCE over and across said Nelms Tract I, with said curve to the let through a central angle of 32 degrees 32 minutes 30 seconds, whose chord bears North 19 degrees 08 minutes 48 seconds East at 515.53 feet, having an arc length of 522.52 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for coaxer, THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Nelms Tract 1, a distance of 31.69 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract I and the south line of said Nelms Tract H; THENCE North 87 degrees 51 minutes 52 seconds East, with the north line of said Nelms Tract I and the south line of said Nelms Tract II, a distance of 12.55 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 Nelms Tract R, a distance of 324.80 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract 11 and the south line of a remainder of a tract of land described to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, DKD.C.T.; THENCE North 88 degrees 56 minutes 53 seconds East, with the north line of said Nelms Tract 1I and the south line of said Haggard tract, a distance of 141.36 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 02 degrees 12 minutes 08 seconds West, over and across said Nelms tracts, passing the south line of said Nelms Tract II, continuing on for a distance of 455.65 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non - tangent curve to the right, having a radius of 1082.50 feet; THENCE over and across said Nelms Tract I, with said curve to the right, through a central angle of 28 degree 13 minutes 01 seconds, whose chord bears South 21 degrees 39 minutes 56 seconds West at 527.74 feet, having an arc length of 533.10 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for corner, THENCE South 46 degrees 38 minutes 28 seconds East, over and across said Nelms Tract 1, a distance of 218.20 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non - tangent curve to the right, having a radius of 445.00 feet; THENCE over and across said Nelms Tract 1, with said curve to the right, through a central angle of 18 degrees 46 minutes 44 seconds, whose chord bears South 38 degrees 01 minutes 45 seconds East at 145.20 feet, having an arc length of 145.85 feet to a "I'll" trail sett for corner in Mhyhill Road; THENCE South 02 degrees 06 minutes 21 seconds West, with Mayhil Road, a distance of 193.36 feet to the POINT OF BEGINNING and containing 7.628 acres of land of which 0.153 acres lies witbin existing Mayhill Road. C110713141 Parcel M137 & M139 EXHIBIT "B" - to Special Warranty Deed Mason A. Manard & wife. V11— Masard Volume 397. Page 430 tea'v, Kevin Nelms Vol 9432, Pg. 911 Tract if 1 Richard A. Greb & „•ys� Nand A Grab tee►'` instn Nc. 2006 - 100770 • Tract II I.' 5 58 w I.R.�.F-., L13� New Dedication 7.475 ac. (325,647 sq. fQ atistin itn�'tn LI 13ed.xi'ca, iora 0 em (332,265 sq. fl) Parcel M137 & M138 Kevin Nelms ��L10 Vol 9492, Pg. ou �' J .Tract I � *� L7 8 Wbard 4. Greb Kwwy A. Grab t"6 irsatr; No. 200-100770 WAO 1'raot 1 ., lam' qy� {rrW --, L5 C9 MF N88056'53NE w h A ) ee� tin• a. rat 4 a— -- 5/po I.R.F. t jWbart P° Don *411Y Providence Place II Cabinet X Page 905 s Voluve� � axD 0 booneAy Milition Cabinet 0, Page 77 ;See page 2 for line & curve tables* EXHIBIT "B" Mayhill Road Parcel M137 & M138 7.628 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas —2012— 601 amzol vaoct jeOWAr °' "'t t'krrr�a row P�dsl. • Ail improvements not shown hereon. ,.� Easements recorded in Vol. 190, Pp. 620 & 622. Vol. 336, Pp. 347, 367 & N �FSe� o!i this tract to the best of my knowledge. • Blankat Easements recorded in Vol. 357. Pg. 45 & Vol. 357. Pg. 54 as OF 300 0 150 300 Implied Dedication includes this tract. Easement recorded in Vol. 341, Pg. L15 SCALE: 1" =300' ;o Bearings shown hereon based on the City of $ Denton G1S Network. 9 Gas line shown was not field verified. 3 NOTES: • o -LR.S. !>� IR.F. R 1C2" Iron Rod Foetid I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" AZT !& • - Municipal use Tracts. a r JCV-O 601 amzol vaoct jeOWAr °' "'t t'krrr�a row P�dsl. • Ail improvements not shown hereon. ,.� Easements recorded in Vol. 190, Pp. 620 & 622. Vol. 336, Pp. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Blankat Easements recorded in Vol. 357. Pg. 45 & Vol. 357. Pg. 54 as N P Set 0i1 assigned in Vol. 2736, Pg. 828 Implied Dedication includes this tract. Easement recorded in Vol. 341, Pg. L15 222 as assigned in Vol. 367. Pg. 242 is centered on a pipeline not specifically located. • Gas line shown was not field verified. 3 location provided by others. Page 1 of 2 EXHIBIT "B" - to Special Wari-anty Deed EXHIBIT "B" MayhW Road Parcel M137 & M138 7.628 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -2012- rthur Surveying CO., ZnC. PzVfi:M o Laad s%WVCYO= P.oxoz 54 LewisriAe. Tex" 75067 Ot11ce: (972) 221 -9439 Fa= (972) 221 -4675 Established 1986 Page 2 of 2 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 Kevin Nelms, a married man, with the Property (as defined below) comprising no part of the homestead of he and his wife, and Richard Greb and wife, Nancy Greb (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 Exhibits "A -1" and "A -2 ", respectively, and depicted in Exhibits `13-1" and "13-2 ", respectively, 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 4 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 _„ 2014. KEVIN NELMS RICHARD GREB NANCY GREB ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2014 by Kevin Nelms. Notary Public, State of Texas My commission expires: k_. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on 2014 by Richard Greb. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on m_, 2014 by Nancy Greb. Upon Filing Return To: The City of Denton - Engineering Attn: Paul Williamson 901 -A Texas Street Denton, Texas 76209 Page 4 of 4 Notary Public, State of Texas My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT "A -1" - to Special Warranty Deed rthur Surveying Co., Inc. Y�s+af+�ssfox�tal Lid' Sxxx-sreyo�ts P.O. Box 54 -- Lewisville, Texas 75067 Office: (972) 221 -9439 — Fax: (972) 221 -4675 MUNICIPAL USE TRACT 2.151 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of Tracts I and Il as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a "PK" nail set in Mayhill Road for the northeast comer of said Nelms Tract H and the southeast comer of a remainder of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, D.R.D.C.T.; THENCE South 02 degrees 06 minutes 21 seconds West, with Mayhill Road, passing the south line of said Nelms Tract R and the north line of said Nelms Tract I, continuing on for a distance of 1212.24 feet to a "PK" nail set in Mayhill Road for the beginning of a non - tangent curve to the left, having a radius of 445.00 feet; THENCE over and across said Nelms Tract I, with said curve to the left; through a central angle of 16 degrees 47 minutes 45 seconds, whose chord bears North 37 degrees 02 minutes 15 seconds West at 129.98 feet, having an arc longth of 130.45 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for comer; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tracts, passing the north line of said Nelms Tract I and the south line of said Nelms Tract II, continuing on for a distance of 1107.01 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract II and the south lime of said Haggard tract; THENCE North. 88 degrees 56 minutes 53 seconds Bast, with the north line of said Nelms Tract II and the south line of said Haggard tract, a distance of 80.31 feet to the POINT- OF BEGINNING and containing 2.151 acres of land of which 0.904 acres lie within existing Mayhill Road. C1107131 -41 Parcel M137 & M138 -MUT EXHIBIT t'B -11' - to S ecial'War aa! Deed ,r�n ii >1 N� Volnme 937. Pa a 490 (remainda1 N88 05653 "B o01 • I10.31 \ I i z Kevin Nelms _ Vol. 3432, Pg. 911 Tract It Richard A. Grob & Nancy A. Grob r Inetr. Nm 2008 - 100770 �yt 1 Tract II iU ��"51 "5 $" LR.f: 15x365 9 Now Municipal Use OA3 no. (37 t9,3 0 Existing Implied Dedication 0.. , . 84 sq. Gas Easement 0.384 ac. L6,717 %q. 4t») d� .151 cres (93,701 sq. ft.) i Municipal Use Tract , rLavin Nelms 6 \ 1 VOL SM Pg. 911 \ 7Yect 1 If Richard A. Grob & Nancy d Grab Inetr. No. 2006- 100770 ` Tract I r ,b. C;1 0�� l�� •ate' / � s•� i ,�Q* Lyi.Pl 1'sopo -sod MU111 ipal 4121.6 sod 5/0* 1 R.'f ptc-ddonoe Plane li..— gobart, P. Y Cabinet 'Page 905 p Niawln �04 Pa t � Dmnally AdditioU Cabinet 0, Page 77 CVRVE TARLB # Radius LGUUatH l�l Chord CI 445.00' 130.45' 16 °47'45" 17 °02k15 "' 129«98" Municipal Use Tract 2.151 Acres David Hough Survey, Abstract Number 645 City of Denton Denton County, Texas -2012- • Gas Comment No. 2006 -34815 0 300 0 150 300 SCALE: 1"-3W Bearings shown hereon lntised on the City of Denton t3IS NetwodL Yosume 1636, 1'o 438 Imptl+od Dedication w p� 501 :W ""P Set o11 NOTES: • o —IRS. • I.R.F. Q 112" Iron Rod Found • I.R.S. —1/2" iron Rod Set with yellow cep stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded In Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583. & Vol. 391, PC. 169 do not affect this tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned is Vol. 273 6, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. �i , e , tr EXHIBIT "A -2" - to Special Warranty Deed Arthur Surveying Co., Inc. Professio�czal Xlland Svrv�yors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 -- Fax: (972) 221 -4675 MUNICIPAL USE TRACT 0.125 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and 'being part of Tract I. as described by decd to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton. County,, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a "PK" nail set in Mayhill Road for the southeast comer of said Nelms tract and the northeast corner of a right -of -way dedication as shown on Providence Place H, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said right -of -way dedication, a distance of 28.98 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT OF BEGINNING; THENCE South 88 degrees 01 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said Providence Place addition, a distance of 53.79 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tract, a distance of 161.30 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a non - tangent curve to the right, having a radius of 355.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 27 degrees 05 minutes 13 seconds, whose chord bears South 16 degrees 37 minutes 15 seconds East at 166.27 feet, an arc length of 167.83 feet to the POINT OF BEGINNING and containing 0.125 acre of land. C1107131 -41 Parcel M137 & M138 -MUT2 1 1 Z/ EXHIBIT 11B -211- to Special Warranty Deed Kevin Nelms Vol. 3432, Pg. 811 Tract II I c Richard A. Greb & 41 I Nancy A. Greb �• X N Instr. No. 2006- 100770 sties 4 Tract II gbh I x X87 "a1'S2 I.R.F 15115.91 l / 11I I Kevin Nelms bhb Vol. 3432, Pg, 9114" Tract I 1J Richard A. Grab & r Nancy A. Grab 1 J Instr. No. 2008 - 100770 t t1 aeta6 ea add Tract I C' I New Municipal Use 0.074 ac. (3,202 sq ft 1 l 8 Gas Easement 0.051 ac. (2,222 s .1#;) ' 0.12 Ares (5,424 sq. ft.) 90 Municipal Use Tract 2 C11 .-es' 1 2l" ae L3 to 173 t 7� 17311.8: o- -- - -- a 1ng _ ... 518" I.R.F. _— - fora— — - -- - --- —� at t Providence Place 11 t t d Cabinet Y. Page 906 Donnelly Addition Cabinet 0. Page 77 t Robert P. Donnelly LNE TABLE Volume g I 1 3384, Pa a 905 Ll S88 °01'21 "W 28.98' (remainder L2 S88 001 21 "W 53.79' L3 NO2 °12'08 "E 161.30' CUR VE TA BLE # Delta Chord °05'13" S16 °3715 "E 166.27 Municipal Use Tract 0.125 Acre David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012-- I W Mason A. Haggard & 1.R.F opo wife, Wilma Haggard Nto Volume 337, Page 430 (nr (remainder) orn exlatlnrg z faneo Kevin Nelms Vol. 3432, Pg. 811 Tract II I c Richard A. Greb & 41 I Nancy A. Greb �• X N Instr. No. 2006- 100770 sties 4 Tract II gbh I x X87 "a1'S2 I.R.F 15115.91 l / 11I I Kevin Nelms bhb Vol. 3432, Pg, 9114" Tract I 1J Richard A. Grab & r Nancy A. Grab 1 J Instr. No. 2008 - 100770 t t1 aeta6 ea add Tract I C' I New Municipal Use 0.074 ac. (3,202 sq ft 1 l 8 Gas Easement 0.051 ac. (2,222 s .1#;) ' 0.12 Ares (5,424 sq. ft.) 90 Municipal Use Tract 2 C11 .-es' 1 2l" ae L3 to 173 t 7� 17311.8: o- -- - -- a 1ng _ ... 518" I.R.F. _— - fora— — - -- - --- —� at t Providence Place 11 t t d Cabinet Y. Page 906 Donnelly Addition Cabinet 0. Page 77 t Robert P. Donnelly LNE TABLE Volume g I 1 3384, Pa a 905 Ll S88 °01'21 "W 28.98' (remainder L2 S88 001 21 "W 53.79' L3 NO2 °12'08 "E 161.30' CUR VE TA BLE # Delta Chord °05'13" S16 °3715 "E 166.27 Municipal Use Tract 0.125 Acre David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas --2012-- I Q t OOt Io b �a I° � 1 <a 1S' Goa Easement lnstr. No. 2006 -34815 0 300 0 150 300 SCALE: V = 300' Bearings shown hereon based on the City of Denton GIS Network. s 60" 9rozas t'lootatc Poaror Ebsernent VWum° 16368 Perch 4,16 Proposed Municipal Use Tract 1 a NOTES: • o= I.R.S. • I.R.P. =1/2" Iron Rod Found • LR.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. SURVEYORS CERTINlCATION: '11no widmigned does horohy cacti* 10 TWO Rrswrom (O.l?', No. 102631 & 102612) that dsls. survey tvoa this day towle on the ro=t of the propray legeltydascsihoalha n'" "sad .is c "a :sc1, MJ to daa hest of'"lylaaowladtlo, fhora osono u+iala dr"ausrelamnclas, confli:tr,, mhottsges to area, Rexiadvy 11noconI&W, aatmnohmaaaels, ovaalapviogot laapmvoauants; aoar< Wjts orrillho orwsythat I have hrac,wrlviwi otoxcgq es ahowe 1 araoma rthur Surveying Co., Inc. FloflosWonal I.s rs P.O.Box 64 — Levdsville, Texas 76067 Office: (972) 221 -9439 Fax: (972) 221 -4675 Established 1986 ATTACHMENT 3 TO EASEMENT 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. DRAINAGE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Kevin Nelms, a married man, with the Property (as defined below) comprising no part of the homestead of he and his wife, and Richard Greb and wife, Nancy Greb (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 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 "), 215 E. McKinney, Denton, Texas 76201, a perpetual drainage easement in, along, over, upon, under and across the following described property (the "Property "), owned by Grantor, and situated in Denton County, Texas, located in the David Hough Survey, Abstract No. 646, Denton County, Texas, to wit: PROPERTY DESCRIBED IN EXHIBITS "A -1" AND "A -2 ", RESPECTIVELY, AND DEPICTED IN EXHIBITS "B -1" AND "B -2 ", RESPECTIVELY, EACH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, and related drainage facilities and appurtenances, including without 1 limitation, the right to overflow the Property, in, along, over, upon, under and across said Property. The rights granted herein shall further include, without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, over, upon, under 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 facilities and /or drainage features or grade, or any part thereof. This Easement is subject to the following: 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, over, upon, under 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 established for drainage, 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 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 restrictions contained herein, to make use of the Property for any purpose that does not interfere with the 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. 2 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the THE STATE OF TEXAS § COUNTY OF DENTON § day of KEVIN NELMS RICHARD GREB NANCY GREB ACKNOWLEDGMENT This instrument was acknowledged before me on THE STATE OF TEXAS § COUNTY OF DENTON § 2014. 2014 by Kevin Nelms. Notary Public, State of Texas My commission expires: _ . ACKNOWLEDGMENT This instrument was acknowledged before me on ', 2014 by Richard Greb. Notary Public, State of Texas My commission expires. w 3 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on _u _..m _, 2014 by Nancy Greb, AFTER RECORDING RETURN TO: City of Denton Engineering Department 901 -A Texas Street Denton, Texas 76209 Attn: Paul Williamson Notary Public, State of Texas My commission expires: Ll (continued) 61107131-41 Parcel M138 -DS1 i EXHIBIT "A -V - to Drainage Easement rthur Surveying - Co.,. In, c P.O. Box 54 Texas 15067 Office: (972) 221• -9439 Fax: (972).2.21-4675 a THENCE South 37 degrees 43 minutes 36 seconds West, over and across:•said Wits tract; a distance of 24:37 £ee -to the beginning of a non - tangent curve to the left, having a radius of 1106.00 feet;: THENCE over and across said Nelms tract, with said_ curve to the left; ilirough a.central angle of 02' degrees 53. ; minutes 00 seconds, whose chord bears South 36 degrees 17 minutes 06 seconds West at 55.65 feet,. having ari arc 'length of 55.66 feet to the POINT OF BEGINNING and containing 0.037 acre of land: � QF @';t.' ^� d' OV t�hb . «r «0 C1107131 -41 Parcel M138 -DE1 121111al;t A✓6k r atilt a.ex —A TIIr 17 m. :. RC2,�t",at�JtIS ►eita Chard 125.00' 05,02' 43 °33'22" N66 °'14'21'x9 1106:00" �6.33� 10041 0" N2,"7`205613 1126;00' 56".66' 02 "4 ' 6" X36 °l8'33" ' t 1106.00' :66' " 02 °53''00" S36-17'06"W 6d 17d 06 "W 00 0 100 200 SCALE: I "= 200' Hearings shown hereon based on the City of Kevin Nelms Donton GIS Network. - Vol, 3432, Pg. Oil Tract I� LR.F. Richard A. Grab do acts Nancy A' Greb y Instr. No. 2000- 100770 O ei�3 1.y3?1� Tract I o4ss 4i°y 0.037 Acre -„ 20' Drainage N37 °4396'B X62 16 "24 "'' Easement 24 3 r. m Ease •20.00' v (1,600 sq. ft.) C3 537°4336 "W .^ N52 °16 ^24 "W C44 24.37' 20.62' C2 AID, a . i . �0�'•0�' I.R. t w N01'0 "6,8 "4" ezxr"ccl — Jj 8,,87 CI — °" e"PPK;#aabhaat G 55.Ir 3 _ � _w � 17orrrroelJ irdditlon � . rt g — , Providence' Plaeo lI " »+ Cabinet X P4ge LIOCr re c X. "„"�^y " a ILs'rlaor�t 1'. IAouridlly , % C trairaatre 33tJ4. Pa a .. ... " ' (rcaaladdr,., , USPELL ■ I,.II 1t - 112 " Iran Rod I tatantl " l „it.S - I ”` kon, Rod Set Wid, yelloweala stand a d "" rt1lrir Survo}?in ��n��laally " �„ a All dnrlaroveffionts not show;% hereon. I?a enix oats roeaarxla a1 in Vol, l+2ti, rgs. '620 & 621, VoL 336,' Pg . 341,16 83, & " ale best of knowledlte; - 4 � tC' att to y Vol. ;i� I, l „ 11r� do naafi ailed t1Dis w 13lnnke i �, P� 51 as a9si, �Eneiaacrits rexorded in Vol. V a red lIt Vol. 2736, PI W hiclndes this trad,, t Easement recorded its Vo1.'341, P& 222 al assigned ill Vol, 367, P2: 2+12 19.contcred' ra,n nlrllaolflne aatrtsltea�'aticailly 1'oocatcd. 3tr&tPn1"00C T'In a:�6:IriON: 'I""a%wdatnxlirn.'+aui'd "ohms yoaray+to 110 hero G.. Rug I02633J ds I07d32I HWO ailive. r wraa: rlr9r dayivanda aia 64 gm-vied 9f do �zaialy+trrll�'dcnu�liadd aaP mead r�� tnd tvzCla�tre' teal" eatyJ, zfea %va�eaS�tp.Pli4+l^d,+k[�+ial� di��xu�uuactentr al6la Aa ^ �+ardai (fn nr, fiwuusaddt�y 201 _ Drainage Easement _� "�ttxxn "xur,t1a " "aat� "sf ivnpawaum�nin; i>b "aara� rar atlao� nr�+raar elan! I 0037 Acres f�fw�tttnad�dar�d +ad"n„aRn�+alna+tPa�$e'�ua>�. . David Hough Survey, rfihur. Seyin�: cal Inc. Abstract Number 646 professional „ nd ;sum City of Denton p Texas P.O.Boa, 4 = Iarrisvrllc, Tcaritia 57ti06 Denton. County, Office: (87Q 21— t141t1 T"ri (tl7tl 221 =4676 1986 _2012— ab initue . EXHIBIT "A -2" -'to Drainage Easement �Arthu.r Surveying ,C.0 Inc: . .�xo,Fessio�aac x.�.uaL Svs- v�y-a?'s .. P.O. Box 54 — Le Msville, Texas 75067 Officc: (972) 221 -9439 — Fax: (972) •221 -4675' . EXHIBIT "A" 50'. DRAINAGE EASEMENT 0.159 Acre City of Denton, Denton County,: Texas w BEING all that certain lot, tractor parcel of land situated in the David,11ough Survey, .distract Number 646, city, rtf Denton, Denton County, Texas, and being part of `tract: I as described by deed to locetrinNelms, kecordt d in Volume,' Pa go 911 Deed Rd rats, Denton County, Texas ( "' � g re particularly described as 3432 I'' � _ �° ii.Ilw.I):�",. i, , turd art ttto follows, COMMENCING M"I;NCING at a 'TK'" nail set In lvlayitill 1'tottd for the scrartlteast corryet° of said Nnlrrts tract and ,the ttortlteast . corner of a right- of-way dedication as shown oat. Providence place II, an addition to [lie City of eartrtu, l�ontrtn County, Texas,, according to the plat thereof recorded in Cabinet E, Page X05, Plat li,e trds, Denton County, `I'e�ca�;: THENCE South 88'degrees 01 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said Providence Place-II, a distance-of 382.61 feet.to the POINT OF BEGINNING; THENCE South 88 degrees 01 minutes 21. seconds West, continuing with:the south line of said Nehns•tract and the north line of said Providence Place Ilia distance of 66.52 feet to a point for'curiler; THENCE North 43 degrees 14 minutes 38 seconds West,, over and across said•Nelrns tract,.a distance of 112.01 feet to the beginning of a non-tangent curve to the right, having a radius of 05.06 fectt; THENCE over and across said Nelms tract, with said curve to tltc rigltk, tltrouglt tt ce tttral attgle of 02 degrees 57 minutes 45 seconds, whose chord bears North 36 degrees 14 tninutes 44 seconds at 4639 feet, having an are lon.gth of 46.79 feet to a point for corner; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelrns'tract, a distance -of 4.05 feet to a point for corner; THENCE South 43 degrees 14 minutes 38 seconds East, over and across said Nelms Tract, a distance of 165.06`feet to the POINT OF BEGINNING and containing 0.159 acres of land. C 1107131-41 Parcel M138 -AE2 t �. F.XNTRTT "R -2" - to-Drainaee -Asib gent w C O a, w° " Ces`Eosoanent O ar' - ^ iarar. No. 2006 - 3.4815 , Of 0.1,59 Acre . N37 043'36 "E 50" Drainage 4.t15' Easement (6' 939 sq. ft), Cl - N43 °14'38 "W 112.091 8880111'2. x#78 w ,.,,._.,,�...�,..�_....�.... "1011 Donnelly, . Addition Cabinet 0, Page 77 I+ Providenoe Place li -=�'' „ Cabinet X page. 90ti . Iiojn,ort P. DoniiaallY - Yolaarrre 3 04, pa 0, 906 i t" +taraaairualer, ....., •..i[l�• .,.. MY. ` 1!"2'° 11 °oat Rod Pavlatd " Y P is ur Stararyitlg 1 onalatayaa l:4't.8. �� 1� lroaiRod Bet wratlZ oiierw �ctt stauar e4 At�7t 0 All itipovenlents not slaowaa Imeori, Easements a coral in Vaal 19th, lads: ( i1 a 622, 'V o1 336n labs, 347, 367'& 583,. .. Vol, 391, ];'F. 10 do naat affect dais tract to the best of n laxtow ed8e. s Blanket Umements recorded in"Vol. 357, 7"g. 41a & Vol. 357,118, 54 as assigcW in Vol. 2736, Pg, 828 includes this ttaoL ` * Easenientrecofdodin Vol,, * 7.'8.2'2'.2 as assigned In Vol. It "7, g X42 is centered ' on a 1a11aoli�ne not specify ally located, • �v��`aatat nr, t O aaaactoaaals .Xj 400�j hcmf y a tCY tv,71tlo p aomw'10. N, No, 102631 & 102632,1 da "t elf; aanwl' raysa.Ilata dMY na4& tail U16 aaxaaataat aafftho 1r�ra6nttyrfewttrtadlaamaaaatwadder red,oaad tai th`e Leat uaaw o wk dse' Owe am no vied m 50' '. Drainage Easement ea pa�aeta ,aaamtlt4CS rlataade o Gaemea � t9 tfse caaeaidtvts, c "asura "clasacrctat, arv+uletapt "� nn i�wraranrasr �rrac"hr tza ifslatc ofvwoy Lave beon WhaGl' 0.15 if Acre a 6kcd ofecceptoe alwwm hemla& David Hough Survey, a rthul Abstract Number 646 �� "� City moo+ f Denton Apiv&ssional �a Surcy my Denton County, Texas P,t7.IBOX fa4, — %,ewixavllle, "Come 7511117 y� 01fftoe�: (02)• 221 -9439 Fax.*' (972) `lr"".l -4 "745 2012-- rota to - a,,._,., . -,;�w� t^�r -, r .�. _,v+.�.w.� rte•.' ..�_.,,.� Sit' .x? �.:�til. ata. ,° i. ' „r r „.„ . Pie ,.„ •. . . _ ,„ ... , , .. , � ..�...., b.a,r�.aa� rw ,M , h4n,u.,,a I 200. 0. 100 200 SCALE, 1" =200' Bearings shown hereon based on the City of Denton aiS Ne6vork. LR.F • : 46.79' ook Kevin. Nelms Vol. 3432, Pg. 911 Tract I Ptchard A--Grob & LU Nancy A. Grob rxa taste.: No. 20ot1- 100770 Tract I w C O a, w° " Ces`Eosoanent O ar' - ^ iarar. No. 2006 - 3.4815 , Of 0.1,59 Acre . N37 043'36 "E 50" Drainage 4.t15' Easement (6' 939 sq. ft), Cl - N43 °14'38 "W 112.091 8880111'2. x#78 w ,.,,._.,,�...�,..�_....�.... "1011 Donnelly, . Addition Cabinet 0, Page 77 I+ Providenoe Place li -=�'' „ Cabinet X page. 90ti . Iiojn,ort P. DoniiaallY - Yolaarrre 3 04, pa 0, 906 i t" +taraaairualer, ....., •..i[l�• .,.. MY. ` 1!"2'° 11 °oat Rod Pavlatd " Y P is ur Stararyitlg 1 onalatayaa l:4't.8. �� 1� lroaiRod Bet wratlZ oiierw �ctt stauar e4 At�7t 0 All itipovenlents not slaowaa Imeori, Easements a coral in Vaal 19th, lads: ( i1 a 622, 'V o1 336n labs, 347, 367'& 583,. .. Vol, 391, ];'F. 10 do naat affect dais tract to the best of n laxtow ed8e. s Blanket Umements recorded in"Vol. 357, 7"g. 41a & Vol. 357,118, 54 as assigcW in Vol. 2736, Pg, 828 includes this ttaoL ` * Easenientrecofdodin Vol,, * 7.'8.2'2'.2 as assigned In Vol. It "7, g X42 is centered ' on a 1a11aoli�ne not specify ally located, • �v��`aatat nr, t O aaaactoaaals .Xj 400�j hcmf y a tCY tv,71tlo p aomw'10. N, No, 102631 & 102632,1 da "t elf; aanwl' raysa.Ilata dMY na4& tail U16 aaxaaataat aafftho 1r�ra6nttyrfewttrtadlaamaaaatwadder red,oaad tai th`e Leat uaaw o wk dse' Owe am no vied m 50' '. Drainage Easement ea pa�aeta ,aaamtlt4CS rlataade o Gaemea � t9 tfse caaeaidtvts, c "asura "clasacrctat, arv+uletapt "� nn i�wraranrasr �rrac"hr tza ifslatc ofvwoy Lave beon WhaGl' 0.15 if Acre a 6kcd ofecceptoe alwwm hemla& David Hough Survey, a rthul Abstract Number 646 �� "� City moo+ f Denton Apiv&ssional �a Surcy my Denton County, Texas P,t7.IBOX fa4, — %,ewixavllle, "Come 7511117 y� 01fftoe�: (02)• 221 -9439 Fax.*' (972) `lr"".l -4 "745 2012-- rota to - a,,._,., . -,;�w� t^�r -, r .�. _,v+.�.w.� rte•.' ..�_.,,.� Sit' .x? �.:�til. ata. ,° i. ' „r r „.„ . Pie ,.„ •. . . _ ,„ ... , , .. , � ..�...., b.a,r�.aa� rw ,M , h4n,u.,,a I _� - 905 �1 - ;W Lm 46,79' A=02 057'45" Chd N36°14'44T • : 46.79' w C O a, w° " Ces`Eosoanent O ar' - ^ iarar. No. 2006 - 3.4815 , Of 0.1,59 Acre . N37 043'36 "E 50" Drainage 4.t15' Easement (6' 939 sq. ft), Cl - N43 °14'38 "W 112.091 8880111'2. x#78 w ,.,,._.,,�...�,..�_....�.... "1011 Donnelly, . Addition Cabinet 0, Page 77 I+ Providenoe Place li -=�'' „ Cabinet X page. 90ti . Iiojn,ort P. DoniiaallY - Yolaarrre 3 04, pa 0, 906 i t" +taraaairualer, ....., •..i[l�• .,.. MY. ` 1!"2'° 11 °oat Rod Pavlatd " Y P is ur Stararyitlg 1 onalatayaa l:4't.8. �� 1� lroaiRod Bet wratlZ oiierw �ctt stauar e4 At�7t 0 All itipovenlents not slaowaa Imeori, Easements a coral in Vaal 19th, lads: ( i1 a 622, 'V o1 336n labs, 347, 367'& 583,. .. Vol, 391, ];'F. 10 do naat affect dais tract to the best of n laxtow ed8e. s Blanket Umements recorded in"Vol. 357, 7"g. 41a & Vol. 357,118, 54 as assigcW in Vol. 2736, Pg, 828 includes this ttaoL ` * Easenientrecofdodin Vol,, * 7.'8.2'2'.2 as assigned In Vol. It "7, g X42 is centered ' on a 1a11aoli�ne not specify ally located, • �v��`aatat nr, t O aaaactoaaals .Xj 400�j hcmf y a tCY tv,71tlo p aomw'10. N, No, 102631 & 102632,1 da "t elf; aanwl' raysa.Ilata dMY na4& tail U16 aaxaaataat aafftho 1r�ra6nttyrfewttrtadlaamaaaatwadder red,oaad tai th`e Leat uaaw o wk dse' Owe am no vied m 50' '. Drainage Easement ea pa�aeta ,aaamtlt4CS rlataade o Gaemea � t9 tfse caaeaidtvts, c "asura "clasacrctat, arv+uletapt "� nn i�wraranrasr �rrac"hr tza ifslatc ofvwoy Lave beon WhaGl' 0.15 if Acre a 6kcd ofecceptoe alwwm hemla& David Hough Survey, a rthul Abstract Number 646 �� "� City moo+ f Denton Apiv&ssional �a Surcy my Denton County, Texas P,t7.IBOX fa4, — %,ewixavllle, "Come 7511117 y� 01fftoe�: (02)• 221 -9439 Fax.*' (972) `lr"".l -4 "745 2012-- rota to - a,,._,., . -,;�w� t^�r -, r .�. _,v+.�.w.� rte•.' ..�_.,,.� Sit' .x? �.:�til. ata. ,° i. ' „r r „.„ . Pie ,.„ •. . . _ ,„ ... , , .. , � ..�...., b.a,r�.aa� rw ,M , h4n,u.,,a