2014-013s:Uegal\aur documents\ordinanc�s\14\kelsoe ordinance.cioc
ORDINANCE NO. 2O 14-013
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A PURCHASE AGREEMENT, BY AND BETWEEN THE CITY OF DENTON,
TEXAS ("CITY"), AS BUYER, AND JERRY M. KELSOE (THE "OWNER"), AS SELLER,
TO ACQUIRE (I) FEE SIMPLE TO A 0.216 ACRE TRACT; AND (II) A TEMPORARY
CONSTRUCTION, GRADING AND ACCESS EASEMENT, ENCUMBERING A 0.152
ACRE TRACT, ALL TRACTS SITUATED IN THE M.E.P. & P.R.R. CO. SURVEY,
ABSTRACT NO. 1469, LOCATED IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS, AND BEING GENERALLY LOCATED 1N THE 1500 BLOCK OF NORTH
MAYHILL ROAD; FOR THE PURCHASE PRICE OF THREE HUNDRED THIRTY N1NE
THOUSAND TWO HUNDRED FORTY FIVE DOLLARS AND NO CENTS ($339,245.00),
AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT
(THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A", AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AUTHORIZING RELOCATION EXPENDITURES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIONIT 1_. The City Manager, or his designee, is hereby authorized to execute for and
on behalf of the City (i) the Agreement, by and between the City and Owner, in the form
attached hereto and made a part hereof as Exhibit "A", with a purchase price of $339,245.00, as
prescribed in the Agreement; and (ii) any other documents necessary for closing the transactions
contemplated by the Agreement.
SECTION 2. The City Manager is authorized to make expenditures in accordance with
(i) the terms of the Agreement; and (ii) Ordinance No. 2012-073, dated April 17, 2012,
pertaining to relocation related expenses and advisory services.
SECTION 3. 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 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ���,���� �' ���� rmm , 2014.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY� .. ��`�.. -�.�..�� _ _��,� ____—
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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THIS PURCHASE AGREEMENT (the "Agreement") is dated ° � _ °`� .� � ,
2013, but effective as of the date provided below, between Jerry M. Kelsoe (referred to herein as
66OW�IeT�99) and the City of Denton, $ eXygu �66('�°��99\•
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WITNESSETH:
E AS, Jerry M. Kelsoe is the Owner of a tract of land (the 66Land99) in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 1469, being affected by the public improvement project
called the Mayhill Road Widening and Improvements Project (66Project99); and
E AS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
an easement in, along, over, upon, under and across, a portion of the Land, each related to the
Project; and
E AS, it is desirous of both parraes to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real properiy interests for the Project;
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consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as
fallows:
1. A. At Clasing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
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below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain
Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special
Warranty Deed being attached hereto as Attachment 1 and made a part hereof; and (ii) a
Temporary Construction, Grading and Access Easement (the "Easement"), in, along, upon,
under, over and across the tract of land being described in Exhibit "A" and depicted in Exhibit
"B" (the "Easement Lands"), to that certain Temporary Construction, Grading and Access
Easement, attached hereto as Attachment 2 and made a part hereof, for temporary construction,
grading and access purposes, as more particularly described therein.
The (i) Special Warranty Deed sha11 be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; and (ii) the Easement shall be in the form and upon the
terms as attached hereto and incorporated herein as"Attachment 2" (the Fee Lands and the
Easement are collectively referred to herein as the "Property").
B. Owner, subject to the lirnitation of such reservation made herein, shall reserve, for himself, his
heirs, devisees, successors and assigns a11 oil, gas and other minerals in, on and under and that may
be produced from the Fee Lands. Owner, his heirs, devisees, successors and assigns, sha11 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 improvernent 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 "minerals" shall include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, rnining 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
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of the parties hereto is that the meaning of the term "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. Subject to the terms hereof, as consideration for (i) the granting and conveying of the Fee
Lands and the Easement to the City; and (ii) damages to the Owner's remaining properry, the
City shall pay to Owner the sum of Three Hundred Thirty Nine Thousand Two Hundred Forty
Five and No/100 Dollars ($339,245.00). T'he monetary compensation prescribed in this Section
2 is herein referred to as the "Tota1 Monetary Compensation"
3. Owner shall remove from the Fee Lands all improvements now located on the Fee Lands,
including without limitation, all pipe and chain link fencing, that certain portion of the existing
office buildin� and shop, along with the foundation and all components thereof or related thereto,
now located on the Fee Lands, and along with all personal property and any and a11 waste and
debris related thereto (collectively, the "Removal Irnprovements"), on or before ninety (90) days
after Closing (the "Remaval Period"). In connection with such activities, Owner shall
disconnect and retire all utilities or reroute such utilities related to the Removal Improvements, in
accordance with the Denton Building Code requirements of the City of Denton, Texas. All
activities contemplated herein, including the disposal of any of the Removed Improvements after
their removal from the Fee Lands, shall be conducted in accordance with all applicable statutes,
rules, regulations and ordinances, including without limitation, the Code of the City of Denton,
Texas.
To secure the obligations of Owner related to the timely removal of the Removal Improvements,
City shall retain the sum of Fifly Thousand and no/100 Dollars ($50,000.00) (the "Retained
Amount99) at Closing from the amount due Owner hereunder, leaving the sum of Two Hundred
Ei�hty Nine Thousand Two Hundred Forty Five and no/100 Dollars ($289,245.00) due Owner
by City at Closing. Upon (i) the timely completion of the removal of the Removal
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AND COURT COSTS), CAUSED BY OR RELATED TO OWNER' S OCCUPANCY OF THE
FEE LANDS, DEFAULT UNDER THIS AGREEMENT AND/OR THE ACTIVITIES
CONTEMPLATED HERETN, INCLUDING WITHOUT LIMITATION, ANY CLAIM OF
ANY KIND RELATED TO TENANTS, LICENSEES OR ANY OTHER THIRD PARTY
OCCUPYING OR CLAIMING ANY RIGHTS TO THE FEE LANDS, OR ANY PORTION
THEREOF, SUCH OBLIGATIONS (A) TO BE INDEPENDENT OF OWNER'S
INSURANCE; (B) TO NOT BE LIMITED BY COMPARATIVE NEGLIGENT STATUTES
OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR
EMPLOYEE BENEFIT ACTS; (C) WITHOUT LINIITING THE GENERAL NATURE OF
SECTION 14, BELOW, TO SURVIVE CLOSING, AND NOT BE MERGED IN THE
SPECIAL W TY DEED OR TEMPORARY CONSTRUCTION, G ING AND
ACCESS EASEMENT; AND (D) SHALL APPLY EVEN IF AN INJURY OR DAMAGE IS
CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, BUT SHALL NOT APPLY IN
THE CASE OF SOLE OR GROSS NEGLIGENCE, OF CITY.
Upon timely completion of the obligations of Owner in this Section 3, City shall release the
Temporary Construction, Grading and Access Easement, and file a release of same of record in
the Rea1 Property Records of Denton County, Texas.
3.A. During the period commencing with the Effective Date of this Agreement and ending
forty five (45) calendar da.ys thereafter (the "Review Period99), the City sha11 have the right to
conduct such tests, examinations, studies, investigations and inspections of the Property and
improvements located thereon the City deems necessary or desirable, including but not limited to
studies or inspections to determine the existence of any environmenta.l hazards or conditions,
performed at City's sole cost. City is granted the right to conduct a physical inspection of the
Property and improvements located thereon, including inspections that invade the surface and
subsurface of the Property. If City determines, in its sole judgment, that the insurance required by
Owner under this Agreement is not sufficient in regard to scope and/or amounts of coverage, City
may request owner to amend this Agreement in respect to the insurance coverage required herein.
Owner shall not be required to enter into any such amendment. However, any term or provision
of this Agreement notwrithstanding, in the event Owner sha11 refuse to so amend tlus Agreement
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as requested by City prior to Closing, City may terminate this Agreement by written notice to the
Owner, as soon as reasonably practicable, but in any event prior to Closing, in which case neither
City nor Owner shall have any further duties or obligations hereunder.
4. The Owner shall convey and grant to the City the Fee Lands and the Easement 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 Encumbrances and other curative efforts affecting the Fee Lands and/or
Easement Lands, 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 11, 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 Pernutted 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 Agreernent.
5. 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 properly caused by, incident
to, or related to the Project and the transactions contemplated under this Agreement, value of,
damage to and/or costs of repair, replacement andlor relocation of any improvements, turf,
landscape, vegeta.tion, or any other structure or facility of any kind, including without limitation,
commercial structures, located within the Easement Lands andlor Fee Lands, related to activities
conducted pursuant to the Easement or City ownership of the Fee Lands, interference with
Owner's activities on the Easement Lands or other property interests of Owner, caused by or
related to 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, City, it's officers, employees, elected officials, agents and contractors from and
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against any and all claims they rnay have now or in the future, related to the herein described
matters, events and/or damages.
In the event Owner shall timely perform all of its obligations under Section 3, above, and City
shall ternunate its rights under the Easement, all references herein to the Easement and/or
Easement Lands sha11 be deemed to be deleted from this Section 5.
6. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC,
525 South Loop 288, Suite 125, Denton, Texas 76205 ("Title Company"), with said Title
Company acting as escrow agent, on the date which is 180 days after the Effective Date, unless
the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In
the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shall be the next resulting business day.
7. The stipulated Total Monetary Compensation amount shall be paid by the City to the Owner,
through the Title Company, in accordance with the terms hereof. Ad valorem taxes relating to
the Fee Lands for the calendar year in which Closing sha11 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 yeax in which Closing shall occur is known. The result of such proration is that
the Owner shall pay for those ta.xes 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 Closing) and City shall pay for those taxes attributa.ble 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.
8. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreernent.
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9.A. In the event Owner sha11 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 sha11 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.
10. 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 SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. 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; (ii) enter
into any Agreement that will be binding upon the Fee Lands or upon the Owner with respect to
the Fee Lands after the date of Closing; or (iii) enter into any agreement that will be binding on
the Easement Lands, or upon Owner with respect to the Easement Lands, prior to the termination
of the Easement.
12. Any notices prescribed or allowed hereunder to Owner shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
and sha11 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:
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CITY:
.T�rt� M. Kelsoe �;� City of Denton
�,� ;.�.� .,� ° ���. ����.�'-�,. Paul Williamson
� f �.� �� �� Real Estate and Capital Support
� � � , ..0 � " . ` r ��.�� �� 1-A Texas Street
� ���� � �,� � � � �' � ;,y � Denton, Texas 76209
` � Telecopy: (940) 349-8951
Copies to:
For Owner: For Citv:
°'� t ��`� � � '�"`� Richard Casner, First Assistant City Attorney
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��� � �rp .��� City Attorney's Office
�d � � � �_� 215 E. McKinney
�'� ` � � � ��" �„� .,� Denton, Texas 76201
_._ �_
°�����c�p�; a � � `�elc.���a�: (940) 382-7923
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13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement. Relocation
advisory services and relocation fmancial assistance, if applicable pursuant to Ordinance No.
2012-073 (the "Relocation Ordinance"), shall be administered as provided by the Relocation
Ordinance, aside and apart from the transaction contemplated by this Agreement.
14. Owner represents and warrants to the City that Owner possesses the legal authority to enter
into this Agreement and to perform a11 actions prescribed hereunder without joinder of any other
party. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed and/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 Properry, City may, at its election, terminate this Agreement at any time prior
to Closing.
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16. Authority to take any actions that are to be, or may be, taken by City under this Agreement
and/or Easement, including without limitation, adjusting the Closing Date of this Agreement and/or
the termination da.te of the Easement, and the execution and recordation of the ternnination and
release of the Easement, are hereby delegated by City, pursuant to action by the City Council of
Denton, Texas, to Frank G. Payne, P.E., City Engineer of City, or his designee.
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�;� �,�.��. �
G�;���:�� C. CAMPBELL,
CITY ���AGER
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ATTEST:
JE FER �+',�I��"�����, CITY SEC T Y
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Date:
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BY: � , r u � `
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Date: � ) a ��--�c.-, a � , 2013
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J�lal�l�� M. �� C,'�C�1�:
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Date: � ���, "`. , 2013
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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 Intemal Revenue Code of 1986, as amended from tirne
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
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By� . �
Printed Name: � �r� "�' ,��..
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Title: '' � ° �`��
Contract receipt date: ��° � ��� _ _�, 2013
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KNOW ALL MEN BY THESE PRESENTS:
That JERRY M. KELSOE (referred to herein as "Grantor"), not joined by his
spouse due to the Property (as defined below) comprising no part of the homestead of
Grantor and spouse, for and in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00), anc� 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 on Exhibit
"A" and depicted on E�ibit "B997 both attached hereto and made a part hereof for a11
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 a11 other rights and
appurtenances thereto (collectively, the "Property99�
Grantor, subject to the limitation of such reservation made herein, reserves, for himself,
his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Properiy. Grantor, his 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
andlor 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 Properiy 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, andlor 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 "minerals" shall include oil, gas and all associated hydrocarbons
and sha11 exclude (i) a11 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 "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, if any]
The Special Warranty Deed is subject to that certain Purchase Agreement, dated effective
_��—� �' 2013, by and between Grantor and Grantee.
Page 2 of 3
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
claims or causes of action that Grantor may have for or related to any defects in, or injury
to, the Property.
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 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.
�
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EXECUTED the M day of _� ,� F`' , 2013.
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A+���IC�'i��.%�t�IVTE%1T
THE STATE OF TEXAS
COUNTY OF .vC1�T�U�
This instrument was acknowledged before me on �i��� �� _, 2013 by
Jerry M. Kelsoe. �� � �
4 _
�,�°`� °�y r:E�,t
� sue uNo
My Commis,lon ExpOr�s
July 10, 2017
Yl� �E � 4�� . .
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, TX 76209
Page 3 of 3
Nt� ` °I�ul�li�, State of Texas
My commission expires: '1° � d- ��
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
�
rthur Surveying Co., I nc.
Px+�fess.iox�tal �,a.ne�d Sz�crvey'ors
� P.O. ]Box 54 �• Lewisvil]o, Texas 75067
pf�ce: (972) 221-9439 --- Fax: (972) 221-4675
E IT 66A99
1r1L'1 L l�ol'fL
l�11H111 �Ol' � �i AY
PARCEL M024
0.216 Acre
City of Denton, Denton County, Texas
BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number
1469 and being part of that certain tract of land described by deed to Jerry M. Kelsce, recorded in Volume 1823,
Page 134 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly
described as follows:
BEGINNING at a"PK" Nail set in Mayhill Road for the southeast corner of said Kelsoe tract and the northeast
corner of a tract of land described by deed to Earl Edwards and wife, Ruth Edwards, recorded in Volume 1546, Page
775, R.P.R.D.C.T;
THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Kelsoe tract and the north line
of said Edwards tract, a distance of 66.55 feet to a 1/2 inch i.ron rod with yellow cap stamped "Arthur Surveying
Coznpany" (A.S.C.) set for comer;
THENCE North 02 degrees 46 minutes 43 seconds East, over and across said Kelsoe tract, a distance of 178.06 feet
to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for corner in a northeasterly 1'vne of said Kelsoe tract and
a southwesterly right-of-way line of U.S. Highway No. 380;
THENCE South 48 degrees 53 minutes 46 seconds East, with a southwesterly right-of-way line of said U.S.
Highway No. 380, a distance of 82.56 feet to a"PK" Nail set in said Mayhill Road for comer;
THENCE South 02 degrees 40 minutes 25 seconds West, in said Mayhill Road, a distance of 112.49 feet to the
POINT OF BEGINNING and containing 0.216 acre of land, of which 0.073 acre lies within the existing MayhIIl
Road.
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C1107131-8
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New Right-of-way 0.143 aa (6,232 sq. ft.) ��'��*�,�t�'r�
�:x�si�Ga�; Tr�pli��# DedicabQn 0.073 ac. �3,'t�l sc�. t�.) � k'� SCALE: 1" =60'
Bearings shown heieon based on the City of
�,�"XI� f�,,��"�@ (9,423 sq. ft.) �� Denton GIS Network.
Right-of-Way � �� °PK° Narr
Parcel M024 � set
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Jerry �. Kelsoe W � � � � � ..^'.,
Noah L'lwrrubiarte Volume 1623, Page 134 �� �' �, �
Volume 2971, Page 177 I � N � �
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Earl Edwards and
wife, Ruth Edwards
Volume 1548, Page 775
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NOTES:
. I.R.F. = 1/2" Iron Rod Found
. I.R.S. = 1/2" Iron Rod Set with
yellow cap stamped "Arthur
Surveying Company"
• All 'sa�st�r�auenaent;� not shown hereon.
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"�-,
rthur Surveying Co., Inc.
Y11D
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P.O.Boz 64 — Lewisvllle. Tezae 75087
Oftice: (972) 221-9499 Faz: (972) 221-4676
Betatbliahed 1998
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THE STATE OF TEXAS
1 1 1' 1'
.
.
KNOW ALL MEN BY THESE PRESENTS:
THAT Jerry M. Kelsoe (referred to herein as"Grantor"), not joined by his spouse due to the
Property (as defined below) comprising no part of the homestead of Grantor and spouse, 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, 215 East McKinney Street, Denton,
Texas 76201, receipt and sufficiency of which is hereby acknowledged, has GRANTED,
BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL
and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and
access easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the M.E.P. &
P.R.R. Co. Survey, Abstract Number 1469, to wit:
�. �, � � � � � �
1 1 ' 1 � �' � 1 1 � � � . � � , .;
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It is agreed that the said Grantee, in consideration of the benefits above set out, may remove from
the Property above described, such fences, signage, buildings and other obstructions as may now
be found upon said Property, for the purpose of construction activities, grading activities and
access in, along, upon, under, over and across said Property. It is specifically stipulated by Grantor
that the scope of the access, construction and grading activities sha11 include the clearing and
removal of the commercial structure and vegetation and trees that exist within the Property.
The Grantee, its agents, employees, contractors, workmen, and representatives sha11 have the right
of ingress, egress and regress in, along, upon, under, over and across said Property for the purpose
of access, construction and grading activities and other activities prescribed herein, or any part
thereof.
This Temporary Construction, Grading and Access Easement is subject to that certain Purchase
Agreernent (herein so called), dated effective , 2013, by and between Grantor and
Grantee.
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the execution hereof by Grantor and shall ternninate upon the earlier to occur of (i)
December 31, 2015; or (ii) as provided in the Purchase Agreement.
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 .. day of _T ,�� , 2013.
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��: -� '�� _ �� ���te. ��...� � 2013.
'� rry M. � e t�e
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ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF �.�1�1�bi� §
This instrument was acknowledged before me on �I�V • I� , 2013, by Jerry M. Kelsoe.
� 1
;. ;. .
�' _f�� �'�� SUE LIND � '
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�,, j� My Comml�elon Explh� k
��
� m°�,<,� July 10, 201� Notary Public, in and for the State of Texas
'�Kf )P 16b��
_____ __ _. _ — ._
My Conunission Expires: �- 1b� I�
AFTER RECORDING RETURN TO:
City of Denton - Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
2
rthur Surveying Co., Inc.
��es�aiOxe.�.r .�,�zxa s�xz�eyars
. P.O. Box 54 ^� L�'wisvilie, Texas 75067
Oiiwce: (972) 221-9439 •- Fax: (972) 221-4675
E 7T 66A»
li
60' TEMPO Y
CONSTRUCTION EASEMENT
0.152 Acre
City of Denton, Denton County, Texas
BEING all that cee��i�� ic�t, �°act cr�• �a�r��l of ����1 sii����3 �rt fi�� G�.�.�, c� ,�.�..��„ Co. ��v��, t�.bs�a��ct hlum��r
1469 and being pt��`� �f t��t cs�taitl t�°a�� c�f����i �i�s�ra'���3 €�y d�.ecl t�a J�:�'ry �. ��[soe, r����d�� i�a �ad���ra� k82�,
Page 134 of the �e�l Prt��r�y ��ca�is a�t i7�nt��� ��a�a�9.�, ie��s {P.1'.��.T).C..'T°.�, and bcin� �c�x'� �Saa`t.icu�arly
described as follows:
COMMENCING at a"PK" Nail set in l��yhril �csac� fr�r th� �������i ��a�'��i" �� said Kelsoe tract and the northeast
corner of a tract of laz�d described by dee� t� i?�rl �?dw�'r� �n�l'n'i�e, �-��z �c�w�x'ds� recorded in Volume 1546, Page
775, R.1'.R.D.C.T.;
THENCE South 80 degrees 18 minutes 15 seconds West, with the south line of said Kelsoe tract and the north line
of said Edwards tract, a distance of 66.55 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying
Company" (A.S.C.) set for the POINT OF BEGINNLNG;
THENCE South 80 degrees 18 minutes 15 seconds West, continuing with #h� �s���l;� ti�t� r�f saic� �4elsv� i�'a�� �n�l t�i�
north line of said Edwards tract, a distance of 107.32 feet to a point for the �t�utizvs���i ����a` ca� sai� ��e�sc�� tE'�ct �r�c�
the southeast corner of a tract of land described by deed to Noah L. Tbrrubi��-�e, �°c���rded ir� �dc�4�:t���; ��i l, i'��e
177, R.P.RD.C.T., and being in the north line of said Edwards tract;
��a�-� ����� �t�rk{� �� d��,s•�e� 4C� ��ii���t�s i 6 seconds West, with the west line of said Kelsoe ixact and the east line of
s�i� i�ai�•���i€�r�� [�'�ct, a�ista��� ��`Gtl.�� feet to a point fox corner;
THENCE North 80 degrees 18 minutes 15 seconds East, over and across said Kelsoe tract, a distance of 113.31 feet
to a point for corner;
THENCE South 02 degrees 46 minutes 43 seconds West, over and across said Kelsoe tract, a distance of 61.45 feet
tn the Pni1VT OF BEG][NNING arld coritaixtiYlg 0.152 acre of land, more or less.
C1107131�0
Percel M024
�____.._.
. •
F.�rwYUTT R_ tn Temoorarv Construction, Gradfn� and Access Easement
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Noah L, Turrubiarie � Jerry M. Kelsoe �
Volume 297.1, Pa� 177 ��blume 1823, Page 134 �� I
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Earl Edwards and
wife,' Ftuth Edwarde
Volume 1648, Page 775
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Bearings showu Veroon b�sed on tlre City of
Denton Q1S Network.
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Nt3TES;
• I.R,�'. a 1/2°' Iron Rod Found
• i.R,S, =1/2" Irou Rod 3et with
y�l��v,+ �ts� ������er� r��rtla�i�.
S�zrv�y��i� ��sq�p��3y��
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p.O.Hos B4 — Lewisv111e, Texas 76087
Oflloes (972) 221-9�439 Fax: (672) 221-4876
�etatbliehed 1986
ATTACHMENT 3
TO
PURCHASE AGREEMENT
Insurance Requiremeots
Owner shall procure and carry, at its sole cost and expense, insurance protection as
hereinafter specified, in form and substance satisfactory to City, carried with an insurance
company (or companies) authorized to transact business in the state of Texas, covering all
aspects and risks of loss of all operations in connection with the Purchase Agreement.
Owner shall obtain and maintain the following insurance coverages in full force and
effect from Closing to the expiration of the Removal Period:
Commercial General Liabilitv:
Per Occurrence Limit:
Aggregate Limit:
$1,000,000
$2,000,000
Business Automobile Liabilitv (providing coverage for owned, non-owned and hired
automobiles):
Per Occurrence Limit
Aggregate Limit:
$ 500,000
$1,000,000
The City shall be listed as an Additional Insured with respect to the Commercial General
Liability and Business Automobile Liability and shall be granted a waiver of subrogation under
both policies. Owner shall provide a Certificate of Insurance on or before the date of Closing to
City as evidence of coverage. The Certificate will provide 30 days notice of cancellation. A
copy of the additional insured endorsement and waiver of subrogation attached to the policy will
be included in the certificate.
All insurance carriers must be admitted to do business in the state of Texas and have an
AM Best's Rating of A-VII or better.
All policies should be written on an occurrence basis.