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2014-170s:\legal\our docaments\ordinances\14\singing oaks caunter offer ordinance.doc •R� � • � ' � . �•„ . � • � •, � � •� . . • �• � � � � � � . . � � . � � � � r • • � r �r � �� . . ; �. • • • • . . . . � � �� : � . � .. �' �,. � . �. ....� • �� R •. . . •, 1 � • 1' � •: .�� ,: .'. . �� 1. . ,� • '� , . i • � • ,� � � : • � • • ... ,. � !�� . � � : • • �. ��. � �� . � ' L � � �. � ,�: �. / . � � � .�� l�� . � � .: •. �. ��. 1. ,: ♦ . �: �. �'. � �. �' . •. �� !�� •. ' 1. ��.... . � � �. �� j�. �. � � �� •� . �� , � � ;•�, � R� � . � ��. �. �. 1 � '.. 1. � , �� ♦:. � �' �: �� 1 � .. . � ♦ �: .:,: � � .�• �� . •: �,. , ��. •�: ,. i�: ��. .. ♦ �.... • �� 1. � 1 � . , : •� : � ,� ■� . . . ��. � � . � ': ♦. 1. � . .,��: , • ��. : �.. �� . . �� • ,� �� • .. . �. , •: . : � � � � � � / �1 � ! � . , �; �, r � . . . . � � � � . � • �; . . • • ` •' . ! . �' � � ; � ♦ � � �� R� R � �� ,: � • �� •� � •� : •� . . � ; �; . R , � � � � , � � •, � • �, . . . .' � • ' • .' • . � '.� • R . � � i•' :, � 1. . •�: ,. � �� , '�� , �� : •' ��. � R •; �� ,: 1 1' � � � ♦ �' � ' � •! : �� . ,� t ' •, R 1� • • ' � ! 11 11 ,� 111 14 � • ' ' � ' � � . �. . � ..� � . �. WHEREAS, the City of Denton ("City") made an initial offer to the Owner on January 10, 2014 to purchase the Property Interests; WHEREAS, Owner has made a counteroffer to the Initial Offer of City; WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest ta agree ta same; NOW, THEREFORE, •; • • 1 • � ; ��. SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorparated herein by reference as true. SECTION 2. The City Council finds that a public use and necessity exists, and the public welfare and convenience require, the acquisition of the Praperty Interests by the City of Denton, Texas (the 66City99). The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use ta expand and improve the Denton Municipal Electric Distribution and Transmissian System to serve the public and the citizens of the City af I�enton, Texas. S�:C"'1"TON 3. The City Manager, or his designee, is hereby authorized to (a} execute for and on behalf of the City (i) the Easement Purchase Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Attachment 1, with a purchase price of SEVEN HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND 00/100 ($725,000.00), plus certain costs, as prescribed in the Easement Purchase Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the �asement Purchase Agreement; and (b) to make expenditures in accordance with the terms of the Easement Purchase Agreement. SECTION 4. 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 holdings 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 5. This ordinance shall become effective immediately upon its passage and approval. .. ., i'r"�.��f:i,t� ��1L� �t1'i'I��)�'�:L� i.l�'r� t�� r�.:�. c4�� l' °��r�,�. , ?:4��4. �.�.� � � �.� .,� ,,��- _ �_.__�._ ��. C'� W '1-'['�, MAYOR ATTEST: JENNIFER WALTER5, CITY SECRETARY � : �,I'1'l��VI�I� A�'��"t) LEGAL FORM; ANIT BURGESS, CITY ATTORNEY ,.,�� ..� $�r; �°,r,�,� y �. `� � �,,,��,a�� ,�,:.s�s � EXHIBI7 nA-1 ° LEGAL DESCRIPTION �L�CiRIC EASEhAEN7 BEING A 3.5624 ACRE TRACT OF LAND SITl1ATED IN THE M,E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, AND BEII�G A PORTION OF THAT CER'�AIN 32.0303 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS O� DENTON COUNTY, TEXAS. SAID 3.5624 ACRES BEING MORE PARTICULARLY DESCRfBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING at a point for corner at the intersection of the north line of the above cited 32.03Q3 acre tract with the west line of State Highway Loop 288 (a variable wldth right-of-way), from which a 1/2 inch iron �od found for reference bears North 89°38'33" East, a distance of 2.79 feet, said polnt also being in the south line of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of Dentoii, as recorded in Document Number 2012-141312 of said Real Propert}E Records; THENCE North 89°50'37" West, along the common line between said 32.0303 and 34.9029 acre tracts, a distance of 255,50 feet to a point for corner at the POtNT OF BEGINNtNG for the herein described tract; THENCE leaving said common line, and over and across sald 32.0303 acre tract the following 3 courses and distances: South 00°24'40" West, a distance of 673.37 feet ta a point for the most easterly southeast corner hereof; Norih 89°29'28" West, a distance of 1,309.81 feet to an angle point hereof; South 89°09'29" West, a distance af 155.18 feet to a point lying In the north line of Paisley Street (variable width R-O-W Document Number 2005-56077 of said Real Property Records), also being the beginning of a non- tangent curve to ihe left having a centrai angle of 01°06'04", a radius of 225.00 feet, a chord bearing of NoRh 81 °42'S6" West and a chord tength of 4,32 feet; THENCE along the north line of said Paisley Street and said non-tangent curve to the left, for an arc length of 4.32 feet to a point in the east right-of-way line of Mockingblyd Lane (60' F20V�, being the most westerly southwest corner hereof; 7HENCE with said east right-of-wey [ine of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 & 716 Deeci Records Denton County, Texas) the following 2 courses and distances; North 00°36'01" East, a distance of 10.64 feet to a point for corner also being the beginning of a non-tangent curve to the left having a central angle of 11 °06'00", a radlus of 330.00 feet, a chord bearing of North Q4°53'16" West wlth a chord length of 63,83 feet; Northerly along said non-tangent curve to the left, an arc length of 26.08 feet, passing a 518 inch iron rod with cap stamped "TNP" set for referencing at the centerline of the herein descrlbed tract at a distance of 26.09 feet, and continuing for a tota! arc distance of 63,93 feet to a point for the most westerly northwesfi corner hereof; iHENCE leaving the east line of said Mockingbird Lane, and over and across sald 32,0303 acre tract the foflowing 3 courses and distances; North 89°09'29" East, a distance of 164.62 feet to a paint for a corner; South 89°29'28" East, a distance of 1,235.67 feet to a point for a corner; North 00°24'40" East, a distance of 598,08 feet to a point lying fn the common line between said 32.0303 and 34.9029 acre tracts, for the most northerfy northwest corner hereof; THENCE South 89°35'20" East with sald comman line, passing a 5!8 inch Iron rod with cap stamped "TNP" set for reference at the centerline of the hereln described tract at a dlstance of 37,50 feat, and continuing along said line a tota{ distance o4 75.00 feet to the POINT OF BEGINNING, and containing 3,5624 acres of land, more or less, I � � � �' T+� d �. Tu rn�r, �t,P.l�.�. - ��,�� r � �� ° Jan. 07, 2042 .�:,.,w. . .�� ,��.,,*��.� Sep. 20, 2012 — Field �Q �;" ��:�� Revised: Sep. 30, 2013 =.+�°�r� � °��••��••�`4�"' (Address Schedu/e 8 ltems) � �, ��g � ` T.B.P.L.S. Firm 40011601 ��,�;� ;�, �� ,«�`�� ` SHEET 1 OF 2 EXHIBIT ��—ln SINCING OAKS CHURCH OF CHRIST OF DENTON POINT 0 bOC, No. 2012-141312 R,P.R.D.C,7. gEG�N�j�Rj (CALLED 34.8029 ACRE T1iACT) �.m.,� ..� _ _.. _ � .�. ,., � — _ , _ ,... . ,�_ � ��9�� r�nt � 4r,. �� ,T, U"'�q _ � � Y"�� :SYA#PCJ7 3`h'Y" �� s1 �� r+, �"r �� I `Y� i$}G`fYC�Sw=-�3��s �C v7iu�(�r t�s�T. �� trdssPNG GikF{� C'iW�7�t.�� C�� i^C�iiSF �� °�ENTvi�l ��,.`�V6'�. �ifi�, S�G'S, 7t�Q, 7;.+� �a 7if � � �.�.�.c.€, ti'`�� {tar�r� r�n �: rt�a} �. �r� - ° �,.,�� 7�i'A9L. � �,� ��L�'sH � � �, e R—O—W DONA DOC. Na. 2�i5— R.p.R.D.C.T �� ic.k � �. x �war,n,�, �' " �` � � a�°fr� � �.. 57N1[7°A� "9`NP^� �� "�� .�Eosament � C+! � QC�C. Nyyvry. 2c�f2-�1ai37� i5.�.�".�. �, 4. �.. irac��5; ��rzF�s �e yn�„u€� k��i,. (cAL�EC� 52,a3�� +�tE 7�Oeci� Vr7L.. vSD'� I�GS. 7Cr3. F40 � 7it� �,� �.�T. (ran„ ^�6� �; spr} .. - � . -,.� - rG° �H :�ouGR G-�YJ`, %lp6„ 9�.�1. PG �3a a �a u.c.r, .� ._ �rui) _�_, �. � N ��3'2�'28" W N�V��A cm/�� J �� `°.�..,,,w C.4� Wt PG. 22� f q "�"°p W.R.�,G.T. ti, �r _ _ -.��._...�� ! � �' � � �T � '` L1 ai��i�." SCALE: 1"=100' �f�� ` � DETAIL ��"`��>, � L�N� _ ��'AfilFi�� iSiAh9t�'� Lti 5 �9"Ct��3 '�l _ __'��.i� �� N 00°36 01" E 10.74' ' L3 � � 89'� � �t�' � 75,00' . � � � �� Ec�emonZ � ,� � � � � k � I � 1/n° trw geeRs �..�e ' n e�se'�^ e �,rs� � .,r . I �' i�mm8ez'g6'37` W ,.�"` , I 255.50' �Q � � I i � ; �� i r j M I 4 �ti''� � I Mi P { ��r�` i �I w �i I �1 �f � i �� w � �� N � �°� �s� o Ni �a�� ob � r� f ol F y;s � Z e � OI =�Q" I ,i Ni � i p � i �- • � o �—'�i i � a � I_,_ �W_��_ 1309.81'�,��. - w __ �. -� � _ � n � '�e• � � I ��y�� 17 0� LOMA DEL REY ��THI� EC �hJ� .s'f 1 a r ACABTMENPAGEM139� H", ��. '�, Pr7. �a I� I P.R,D.C,T, � x� �.�,�,C.7. � � E � � � v� � � � zo' snN. sEw� es�+r, �j � VOL, 913�9^dPG� 387�� VOL tt37 PG. 239 � D. R,D. C.7. (90f � 901) � THIS EXHIBIT WA5 PREPARED WITN THE BENEFIT OF TI7LE RESOURCES GUARANTY COMPANY COMMITMENT FOR 71TLE IN5URANCE, GF N0, 112108, EFFECTIVE DATE: JULY 16, 2013 THE F6LLOWING SCHEDULE B IiEMS DO AFFECT THIS TRACT, AS SHOWN; 101, 10), 10k, 101, 10m, 90n, t0o, 10p, 10q and 10r, This 4ract la subJeot to the Eosement executod by F,J. Miller to Texas Pawer & Light Campany flled July 31, 1957, recorded in Volume 431, Poqe 165, b.R.D.C.T. (Schedule B item 10h), hawever, the easement Is nat plottabla and no evidence af paler ar guy�a wae abserved at the tima o} the eurvey, BASIS OF BEARINQ; �nge ere baee� on the Texaa Sfate Pfane 0 Coordinale System, North CentraB Zone (NAD93). `�ad� B. Turner, R.�'.L.,.�. Jan. 07, 2013 Sep. 20, 2012 - Field Revised; Ssp. 30, 2013 (Address Schedule B items) T.B.P,L,S. Firm 10011601 �? � --, � ��"��,�, �'r'E��° �.�. �, �,�.��. o `�, �; ..�a�t...a.aP4.. a,ds 70DD B. tURNERk� ..�,,....� ..ae.m.,as.,��.� � � �0 4859 � ,� > ��' j �°�� s s; �:�" �`�� _..,�'`^+i S li F�',� �' �:`'> 1 s 0 150' 300° 600' SCALE: 1" = 300' 3.5 24 AC S Situated in the M.E.P. & P.R.R. Survey, Abstract Na, 927 City af Denton Qenton County, Texas JOB N0. DME13222 , �k `��,��'�` �m�� T teague nall 8� perkins � 1517 Gnln Pfea Drlvb Su{N 340 poa,+ow, r.�. aeaos oeo.aea,arrr�n a�oaea,eoza� www,9nalne,wm EXHIBIT °A-a � LEGAL DESCRIP�ION ELECTR4C EASEMENT BEING A 2.0203 ACRE TRACT OF LAND SITUATED IN THE M,E,P, & P.R,R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, ALSO BEING A PART OF THAT CERTAIN 34.9029 ACRE TRACT OF LANb �ESCRIBED IN DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN qOCUMENT NUMB�R 2012- 141312 OF THE REAL PROP6RTY RECORDS OF DENTON COUNTY, TEXAS. SAfD 2.0203 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the south line af the above cited 34.9029 acre tract with the west line of State Hlghway Loop 288 (a variable width right-of-way), from which a 112 inch irort rod found for reference bears North 89°38'33" East, a distance af 2.79 feet, said point also being in the north line of a called 32.0303 acre tract of land descrlbed in a deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141313 of said Real Property Records of Denton Counry, Texas; THENCE North 89°50'37" West, along the common flne between said 34.9029 acre tract and said 32.0303 acre tract, a distance of 255.50 feet to a point for carner at the POINT OF BEGINNING for the herein described tract; THENGE North 89°5Q'37" West, along said common line, passing a 5/8 inch iron rod wlth cap stamped "TNP" set for reference at a distance of 37.50 feet, and continuing along said line for a total distance of 75,00 feet to a point for corner; THENCE North 00°24'40" East, leaving sald common line, over and across said 34,9029 acre tract, a distance of 541.44 feet, to a polnt for corner at an angle point; THENCE North 81 °55'36" West, continuing over and across said 34,9029 acre tract, a dl&tance of 216.29 feet to a point for comer at an angle point; THENCE Norlh 44°22'07" West, continuing over and across said 34.9Q29 acre tract, a distance of 169.99 feet to a point for corner lying fn the north line of said 34,9029 acre tract, also being the south line of a called 26.4732 acre tract of land as described in a deed ta the City of Denton, as recorded in Document Number 2Q12-129326 of said Real Property Records; THENCE South 89°37'25" East, with the north Ilne af said 34.9025 and the south line of said 26.4732 acre tract, a dlstance of 236,32 feet to a 1/2 inch iron rod found for the sautheast corner of said 26,4732 acre tract and the southwest corner of that certain 5.106 acre tract of land described in a deed to Saratan Corporation I, as recorded in Document Number 2004-9893Q of said Real Property Records; THENCE South 89°28'41" East, along the comrnon line of said 34.9029 acre tract and said 5.106 acre tract, passing a 5/8 inch iron rod with cap stamped "TNI'" set for reference at a dlstance of 135.28 feet, and continuing along sald Ilne for a total distance of 172.78 feet to a point for corner, from which a 1/2 Inch iron rod found for reference in the west line of State Hlghway Loop 288 bears South 89°28'41" East, a distance of 273.38 feet; 7HENCE South 00°24'40" West, departing the south line of said 5.106 acre tract, and over and across said 34.9029 acre tract, a distance of 690.42 feet to the POINT OF BEGINNING, and containing 2,02Q3 acres of land, more or less. T�dc� . Turner, R.P,L,�. Jan. 07, 2013 Sep. 20, 2012 — Field Revised: Sep. 30, 2013 (Address Schedule B items) T,B.P.L.S,Firm 1001160t ��,;�� 3 � °r ��;�.�.' !�`� � �` � �� 700b�B.�TURkfR ��x �. �, ...,. � .... ..... �.. �.� 4889 } �, �� r,� t ,��a,��c� ��'� ��R'�� Sheet 1 of 2 pTY � DEAI70N� 1£XAS DOC. N0. 2012-1 29 32 6 '-., R.P.R.D.C.T. (GA:..L$,p� 26.4752 AptE SItAC'17 . S Ei9`37,25" E ��a,32' � d /\ � l� nB�2n �ATRp D�7�630� 2 ��F S 89'28'41" E 172.78' [N 89'33'02 W 944,56'] 1 I PA5S S/B" dRS AITX --�' � CAP STAMFE'D "TNP" � AT 135•88PG�� 020� � 1 2' 1 � � 2�fi , p SINGING OAKS CHURCH OF CHRIST OF DENTON DOC� NO. 2012-141312 R.P.R.D.C.T. (CALLED 34.9029 ACRE TRACIj o eo� 700� zaQ� SCALE: 1" =100' � � � � W O d' � N a O Z NOTES 3%. FJd� THlS EXHIBIT WAS PREpAPtE6 YA1H THE BENEFlT OF 71TLE RESOURCE9 GUARANIY COFAPANY COM1AIiAlENT F� TITLE INSURANCE, GF N0. 912087, FiFECT1� OATE: APRIL 16, 2093 THE FOLL0INNG SCHEDULE B IlE�A3 DO AFfYCT 1H15 TRACT A5 SHONN: 90h 7HE FOL60YIING ITEMS DO NOT AFFECT THIS TRACT AS SHOkN: tOq, Eossenant oxoouted by P.J. AOAIx 4o Ttxam Pawer & Wyht Gampany �ed July 3L 9867, raearded In Volume 439, Page 188, D.R.O.C.T. 901. Eaeemen4 executed by Euqanlo Partor Rayzar to the Clty a/ D�ton, Texaa Ned Fehruary 20, 1992, recorded tn Vdume 3162, Page 890, R.P.R.D.C�T. BASrs o� eEaRiNC: Bearings are based on 4he Texas State Plane Coordinete 5ystem, North Centrel Zone (NAD83), T��td'�r��u�r��r, �,�.�.,�. Jan. 07, 2013 Sep, 20, 2012 - Field Revised; Sep. 30, 2013 (Address Schedule 8 items) T.B.P,L.S. Firm 10011601 N 89`50'37" W � ! � d I � ! f � UW �� _! � � r � i @ � a k � � I , � .. (CAIkED 5.106 AC7� TRACTJ �S 89�28'41' E 273.38' -�-. ' 1/2" 1BF � �� l � I 9 r t I � �S M I I M � w a� rxvar � c� � c � ntvM a � a � i MoN. =�au � c�° � � _r 9 I y s i � o � � n � � N t I O � W 7 0' �i I Q o �� SINGING OAKS CHURCH OF GHRIS7 � f:5 �u OF DENTON � N m DOC. N0. 201 2-4 4131 2 � Q R.P.R.D,C.T. � � � (CALLED 34.9029 ACRE TRACT} p.. ¢ i � W N I � � � � P � � � I �L°t7T ] A%��,�f. s,y d ,!ll3N. s � � I r 1 � I ��`�� r �fl ��('�'�' , v;� � j I'a'E- V, ��`rp �''Lv'��° � �� ,y[y �� I i � I ! P 1 � f l Is � I p POONT OF e POINT OF i ��(�1�l�� .:..�:��BEG�NNBNG I � � � N 89'50'37" W "c��.�{g'..� � ... .,� . !/£" IRF � � 9EARS SINGING OAKS CHURCH OF CHRIST N 89'3B'3B" E OF DENTON 2,yg� DOC. N0. 2012-141313 P�a5'S �/B"' TT�S`� R,P.R.D.C.T, �� „rp ,,��y�r�� (CALLED 32.0303 ACRE TRACT) ~rNr~ Ar sy.so' �� F � T�� ST ,�s• �5 ° �"� 1 E �r;4,� 9� `c�,: � � '%�:� ..� .e,F...�,.. v��TOD�+B ry TURNER ..a,..,a...,..�r.�A....,,q.,... � '; 4 4859 F �- � �� k�F�4t �� `'-� �� S U t�� °� 2.0203 ACRES Situated in the M.E,P. & P.R.R. Company Survey, Abstract 927 City of benfon Denton County, Texas JOB N0. DME13222 SHEEi 2 OF 2 feague �+�l1 ��rk�ns 1517 Centn Plae• Drlw, s�ne aao $DMm�.Panr i�ka� Pdx4'S� 940.383.1177 ph 940.369.8026 ht WwWJHPIM1t.ea111 �xHleir "A-3" LEGAL DESCRIPTION TEMIPORARY CONSTRUCTfON EASEMENT BEING A 1.1283 ACRE TRACT OF LAND SITUATED IN THE M.E,P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, 7EXAS, ANQ BEfNG A PORTIO�f OF THAT CERTAIN 32,0303 ACRE TRACT OF LAND DESCRIB�D lN A DEED 70 51NGING OAKS CHURCH OF CHRIST OF �ENTON, AS RECORDED IN �OCUMENT NUMBER 2012-141313 OF THE REAL PROPERIY RECORDS OF DENTON C�UNTY, TEXAS. SAIQ 1.1283 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS RS FOLLOWS: COMMENCING at a point for corner at the intersection of the north Ilne of the above cited 32.0303 acre tract with the west line of 5tate Highway Loop 288 (a varlable width right-of-way), from which a 1/2 inch iron rod found for reference bears NoRh 89°38'33" East, a distance of 2.79 feet, said point also being in the south line of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ oi Denton, as recorded in Document Number 2012-141312 of said Real Property Records; TF4ENCE North 89°50'37" West, along the common line between said 32.0303 and 34.9029 acre tracts, a distance af 330.50 feet to a point; THENCE South 00°24'4p" West, leaving said common Ilne, over and across said 32.0303 acre traet, a distance of 662.91 feet to a point for corner at the POINT OF BE(3lNNING for the herein described fract; THENCE over and across said 32,0303 acre tract the folfowing three courses and distances; South 00°24'40" West, along the west line of a proposed 76 foot power iine easement a distance of 35,00 feet to an angle polnt hereof; North 89°29'28" West, along the north line of the said power line easement a distance of 1,235.57 feet to an angle point hereof; South 89°09'29" West, continuing atong the north line of sald power line easement, a distance of 164.62 feet to a pofnt Eying In the east line of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 8� 716 Deed Records of Denton County, Texas), also being the beginning of a non- tangent curve to the left having a central angle of �6°13'57", a radius of 330.00 feet, a chord bearing of North 13°33'14" West and a chord length of 35.88 feet; THENCE along the east line of said Mockingbird Lane, and said non-tangent curve to the left, for an arc fength of 35,90 feet to a point for the most northwest corner hereof; THENCE departing said east right-of-way line of Mockingbird Lane over and across sald 32.0303 acre tract the following two caurses and dlstances; North 89°09'28" East, a distance of 172.93 feet to a palnt for a corner; South 89°29'28" East, a distance of 1,235.92 feet ta a point for a corner at the POINT OF BEG(NNING, and containing 1.1283 acres of land, more or less. t� � - Ta ' B. ur�r��r, R.P.L.S, . Sep. 30, 2013 T.B.P.L.S. Firm 10011601 �:�'�s�� '�� . �� c� , ., R TQOD��.y Tl1qNER ...,,......N...�.�� 4889 �• SHEEF 1 OF 2 EXHLBIT pB�3p 51NCING OANS CHURCH OF CHRIST OF DENTON DOC. Na 2012-141312 R.P.R.D.C.T. (CALLED 34.9029 ACRE TRACT) �� i�a��e.s�-�¢e��ss � �.;ai�sr e�.ar, �� + 4�a1,. 39E1i PCr'S 74�, !p4 it '71 `��'� GF��G.Y, . 1�� rc��,, raa � 1�� ?� a�E ��7,�+ii. �� .�� , ,. I_� . , ��!'L'a}9.✓.L4iF �33r••� R—O—W C�Qk,�YiL't� DOC, No. �6f.�n—�Ft3� C2�..i>,F�.�,�.9. � A � �i � � � � _.. ._ _ � _. _ � _ _ �� _ �.. . �, .._ �,.. .� _. �� °�� e:� � ��I�d� �nKS rr�U�� a€ �s��sT �ar s��r�ra� � l��. No, 2J42—tdi393 R.F°.FZ.Ci i. 7. irrr.�ess��e� ��s � ��ntatt� �s�r, (cal��Q 3�.�3�� Ac�t� t°�ACT) VC7L StCY2 FTMC`5 l43, 706 �"c 7'1& tt €t p.C�7, �F�,, ,�� ,�� F x�� X� �.�,� � �� ._ o �: v ��..� �. €�i��A[�,4��R7' 4 � ��x w w� �� m ��"� ��f� R G�.G.i _„_�,�' ��a � �,'� ' . �., ,. . ... 6. „ .. •.� .� ��`bJ"��" �'V 164,6�' ,.�',�.�' Y. / / / ..�`''� �`�,.�' 75' P. U. E. .� (BY SEPARAIE PLA�`}� .-�� °�� -�'�. .,r'` �'."' a`�;� � `� .m ��.__-�__mm� .s _ _.� � SCa�: 1»=100' '��°��,� nEr��, �r L(F�� ' �EA�iNG [}GSTI�h�CE E�1_ �a p4� 24'�0'' W aS.Cd� _ t2 S �9'C�9'�9" W 1�4.�2 L� �! �'9't!� 29 E 1i�,�� '.!� �iAI7iLlS ' AR� LENGTH CHORD LENGTH CHORD B�AR�N� ��,LTA AhiG�� _ ___�_e C1 3�tl.t30 3�,90 35.8�' N 1333'� �,, Wf _�7�r'1 �'�7,• �cif�sr a� S�G&Ni�CN� S �9`�9'�� E 1 ��.�� C CA.�k�EB �.�u"� ��?�.�Y,�,.�;! �? z��a � ��•4 �t-�� : r.::.� � N as°z�'z�" w 1��.s�� .... 4s� sAfii .+_�� 41� � �� _ �7 V� f97i, �� +�Sa �Lt�GK 17 i? R, t�. �,. T. _ � � � (IOI) ��i9�dE^#$�Ci§Cph6 �I a d �� ia. PG. "�4 � p � � �,�,afc,i. � � --..=-�=b � U NOTES: 1NIS EXHIBI7 WAS PREPAREO WITH TNE BENEFl7 OF TITLE RESOURCES GUARANTY COMPANY COMMIThAENT FOR TITLE INSURANCE, GF N0. 142108, EFFECTIVE OATE; JULY 16, 2013 7HE FOLL0IMNG SCHEDULE B ITEAIS DO AFFECT TH45 TRACT, AS SH01MJ: 101, 70J, 10k, 1�1, 10m, 10n, 10e, 10p, 10q and 10r. Thls tract Is aubJect to the Easemen4 executed by F.J, Mlller ta Texas Power & LIghE Company filed July 31, 1957, recorded In Valume 431, Page 165, D.R.D.C.T. (5chedule B Item 10h), however, tha easement Is not plottable ond no evldance of poles or guys wos observed at the tlme af the survey. BASl3 OF BEARINQ: ��n�� based on the 7exaa 6tate Plane �9nat� �y�tem, Idortn centra� zone (�RA�e��. � � {tl"`�v�.'�".� Ta�d �. T�rner, �.P.L.�. . Sep. 25, 2013 8ep. 30, 2012 - Field (Address Schedule B /fems) T.B.P.L.S. Firm 10011601 � .� � � F` �� "�',' � � "s � � � -�°- � r� ° �-�' � �° �'• ��, .;y.�.�.. �, ,... .. ..F. TObObB.%TURNER � �,��,.. .�..... . . : � 4859. � •"�� ; ,�� F,�,. ��FS U i�'� �"�� I [ � � N 89'S0'37" W ' t/r' ur sau� � H erse�s3^ a s�� I �,�t�.��' __ .—�--i-�e...o nf �� pF � i � � � .<��+'�t��,i� 4 i � i i �� !i i � �� . i 'y i i ��: i� � d 1 �,1 I {-°-- dl Id I r'n p� j I f �`� CO (� � � i 1 �a� W � �� F o � c� i 4 i i '�Q� a � i p � � � �"'p 3 N�,w.: L1 � i i �' o I �, k k.a � P = .p �-`�%..�. ��' � O 6�ea � � LOMA DEL REY � W APARTkIENT C01.1PLEX � J 4 CA& A, PAGE 139 � P.R.�.C.T. � � � r � W v E°°+ 20' SAN. 5EWER �'�1AT ' �i VOL, 1739. PG. "�q7 H and i f!� VOL, 1137, PG. 238 � D,R.D.C,T, c,a� & ,e�� i a��; 0 160' 300' 600' �IN��111��1■I�l��lll� SCALE: 1" = 300' T�MPORARY CONSTRUCTION EASEMENT � . .L li Situated in the M.E,f'. & P.R.R, 5urvey, Abstract No. 927 City of Denton Denton County, 7exas JOB N0. DME13222 �� Ia � 4�t�i p �_ teague nall & perkins L , e v c.mr. rr�. a;,,., wro. sao � Donlon, Teza� 762D! ► 9aaa,�eamtnPx wa.sea.ewseh www.Mpine.eom i. � . �� , �: � . � � � . ,, , . .., - � - . � � � � � � � � �� . �. . � , , . ,. � ; � ., . � � -�� THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated �..l, i�- , 2014, between SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation (the "Owner"), and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation, is the Owner of two tracts of land (the "Land") in the M.E.P. & P.R.R. Survey, Abstract Number 927, Denton County, Texas being affected by the public improvement Project called the Spencer Transmission Line Project ("Project"); and WHEREAS, City is in need of certain easements in, along, over, upon, under and across the tract of land described above related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary easements for the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1 1. At Closing, the Owner shall grant, execute, and deliver to the City both permanent and temporary construction easements, the scope, location and duration of which are described and shall be memorialized in an Electric Utility Easement (herein, the "Easement"), the form and content of which is shall be substantially similar to the Attachment 1 which is attached hereto and made a part hereof for all purposes as if set forth herein verbatim. The Easement shall grant, sell and convey permanent easements in, along, over, upon, under and across the tracts of land being described in the Exhibits "A-1" and "A-2" and depicted in Exhibits "B-1" and "B-2" attached to the Easement, respectively, and a temporary construction easement in, along, over, upon, under and across the tract of land being described in Exhibit "A-3" and depicted in Exhibit "B-3" also attached to the Easement. As stated in the Easement, the permanent easement shall be granted for electric utility purposes, and the temporary construction easement shall be granted for construction purposes, the purpose(s), scope and duration of which are further set forth and defined in the Easement. The lands described and depicted in the Exhibits attached to the Easement are collectively referred to herein as the "Easement Lands". 2. As consideration for the granting of the Easement and other damages (if any) and matters described herein below, the City shall pay to Owner at Closing the collective, aggregate sum of � ��! ��.�� , � �� j��,� � � � � ,�� "� . �� .�';��t.'�i:��c� no/ 100 DOLLARS � ($ �Zs• °�° .001 as Total Monetary Compensation. 3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all compensation due Owner by City related to the Project and purchase of the Easement Lands, including without limitation, the purchase price of the easements conveyed, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of any z ��°. � � ,� �_ �� improvements, turf, landscape, vegetation, or any other structure or facility of any kind located within the Easement Lands related to activities conducted pursuant to the Easement, interference with Owner's activities on the Easement Lands or other property interests of Owner caused by or related to the Project and/or activities related to the Easement, whether accruing now or hereafter, and Owner hereby releases for itself, its successors and assigns, City, its 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. 4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525 South Loop 288, Suite #125, Denton, Texas 76205 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 60 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner shall convey the Easement free and clear of all debts, liens and encumbrances. The Owner shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances and other curative efforts affecting the Easement, if necessary in the discretion of the City. 5. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. 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. 6. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 7. 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 such default and 3 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 speciiic performance or termination of this Agreement. 8. 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 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COLJNTY, TEXAS. 10. From and after the date of execution of this Agreement by Owner to the date of Closing, Owner shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the Easement Lands after the date of Closing. 11. Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and, except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered 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: 4 • .I� ' Phone Copies to: For Owner: Telecopy: CITY; City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Citv: John Kelsey, Attorney at Law Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387-9553 12. 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. 13. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Easement. 14. Authority to take any actions that are to be, or may be, taken by Buyer under this Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General Manager, Electric Administration of Buyer, or his designee. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity other than the City that might result in the taking of any portion of the Easement Lands, City may, at its election, terminate this Agreement at any time prior to Closing. 5 16. If the Closing Date or day of performance of any act required or permitted hereunder falls on a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case may be, shall be the next following regular business day. CITY OF DENTON, TEXAS ,�_ ,« �� -�w � . �� ,� � s. � � _y �u�m � �, B ` �- � � �`w.�„� �,�,.,� , � _ �.r �a, Y� � r..�.. �_. GEO�t�F C. CAMPBELL, CITY MANAGER "� �P6� Date: � ��`° , �Y� ATTEST: JEr BY; ��+ ,�1'1 Kelsey, Kelsey & Hickey, PLLC Richard H. Kelsey John E. Kelsey TARY Scott W. Hickey �tt�r�� e:� for the City of Denton � �.. BY:`} Date: � � �„ , 2014 � Owner: SINGING OAKS ��- �J1�-I OF (' I 1��T OF DENTON, a Texas ��r��r �it ��r � � ti+��:�, , r r` f�' r y ,� � {-� � � � " By: A ��'��'; ' .„�.� . ��' - .�..�--_ Steve Speck, ��r�ti�i=y Date: � � � � � � 2014 [� SINGING r�� ' CHURCH OF CHRIST OF DENTON, a Texas ��a��•c� f� ��rt�,r�tita� � : Printed �: � ' �' ... .... � �- � Tit1c�; �� „�� ..�� ; :...ry � Date: ..��`�,�,�� .�� , 2014 �.�� S1NGING OAKS CHURCH OF CHRIST OF DENTON, a Texas r�c7�i�a�•�fit �;c�t��.��°��t� �� B � Y' Printed Name: � �„ ` � �'� �'� • _ � � 1 ''� "� Ti±?P: � � � V' Date: 5 Z�-- _ -..._� , 2014 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement and 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 Attn: Virginia Kubiak 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381-1006 Telecopy: (940) 898-0121 I� Printed Name: Title: Contract receipt date: , 2014 s ATTACHMENT 1 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. ELECTRIC UTILITY EASEMENT THE STATE OF TEXAS . C�KIIi1��IT�f17 �I�Y ICIl►1 KNOW ALL MEN BY THESE PRESENTS: THAT, SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation (the "GRANTOR"), for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold, and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual, exclusive and unobstructed easements and rights of way and a temporary construction easement (collectively, the "EASEMENT") for the purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or above ground electric transmission and electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components (collectively referred to herein as the "FACILITIES"), in, on, over, under and across that certain real property situated in Denton County, Texas, being approximately 3.5624 acres and 2.0203 acres and being more particularly described in Exhibits "A-1" and "A-2", and illustrated in Exhibits "B-1" and "B-2", attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY"). GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve, reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to time find necessary, convenient or desirable, along with all rights necessary or convenient for full use and enjoyment of the above grant, including access over, across and upon the EASEMENT PROPERTY. GRANTEE shall have the right to trim or remove trees or shrubbery within said EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to prevent possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to remove possible efiiciency, safety or operational hazards thereto. GRANTOR shall not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water within, over and/or across the EASEMENT PROPERTY without prior written consent of GRANTEE. For the same consideration GRANTOR does hereby grant, bargain, sell and convey unto GRANTEE a temporary workspace or temporary construction easement (the "Temporary Construction Easement") on, in, upon, under, over, through and across that certain real property situated in Denton County, Texas, being approximately 1.1283 acres and being more particularly described in Exhibit "A- 3" and illustrated in Exhibit "B-399 (the "TEMPORARY CONSTRUCTION EASEMENT PROPERTY99) for the use by GRANTEE, its agents, employees, contractors, subcontractors, workmen, and representatives only in connection with and during the original construction of the FACILITIES. GRANTEE, its agents, employees, contractors, subcontractors, workmen, and representatives shall: 1) have the right of ingress, egress and regress in, along, upon, under and across said TEMPORARY CONSTRUCTION EASEMENT PROPERTY for the purpose of access, staging of materials and equipment, construction and grading activities or any part thereof, and; 2) without the payment of additional consideration, have the right to clear and remove from the TEMPORARY CONSTRUCTION EASEMENT PROPERTY such fences, signage, buildings, vegetation and trees 2 and other obstructions as may now be found therein. The Temporary Construction Easement shall commence on the date of the "Contractor Notice to Proceed" to begin construction of the FACILITIES and terminate two (2) years from such date of the "Contractor Notice to Proceed". GRANTOR, for itself, its successors and assigns, subject to the terrns herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the exercise of GRANTEE's rights hereunder. GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however, the EASEMENT is nonexclusive as to GRANTOR'S right to use the EASEMENT PROPERTY in accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE. GRANTEE, at GRANTEE' S sole cost and expense, shall have the right to trim or remove trees as provided herein, together with the right to install gates in existing fences within such EASEMENT PROPERTY. GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no buildings, structures, signs, obstructions or other facilities or improvements of any kind ("LTNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED 3 STRUCTURE5 on the EASEMENT PROPERTY and if any UNPERMITTED STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal. The EASEMENT shall constitute a covenant running with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and its successors and assigns. TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described EASEMENT unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise. WITNESS THE EXECUTION HEREOF on the day of __ �, 2014. ., �. S1NGING OAK5 CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation By: _ Title: State of Texas County of r, � This instrument was acknowledged before me on this day of __ , 2014, bY ��.,. �..�.._._._._. . � .._...� as �........ __. of SINGING OAKS CHURCH OF CHRIST OF DENTON, a Texas nonprofit corporation, on behalf of the said Singing Oaks Church of Christ of Denton and in the capacity therein stated. Notary Public, State of' My Commission Expires: 4 AFTER RECORDING RETURN TO: City of Denton — Engineering Department Real Estate and Capital Support 901-A Texas Street, 2"d Floor Denton, Texas 76209 Attn: Paul Williamson EXHIBIT pA-1 ~ LEGAL DESGRIPTION ELECTRIC EacSEMENT BEIIVG A 3.5624 ACRE TRACT OF LAND SI7llATED IN THE M.E.P, & P.R.R. SURVEY, ABSTRAET NUMBER 927, DENTON COUNIY, TEXAS, AND BEING A PORTION OF THAT GERTAtN 32.p303 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SINGING OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN DOCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 3.5624 ACRES BEING M�RE PARTICULARLY DESCRfBED BY METES AND BOUNDS AS FOLLOWS: C�MMENCING at a point for corner at the intersection of the north line of the above cited 32.03Q3 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way), from which a 1/2 inch iron �od found for reference bears North 89°38'33" Easl, a distance of 2.79 feet, said point also being in the south line of a called 34.9029 acre tract of land described in deed to Singing Oaks Church of Christ of Denton, as recorded in Document Plumber 2012-141312 of said Real Property Records; THENCE North 89°50'37" West, along the common line between said 32.0303 and 34.9029 acre tracts, a distance of 255.50 feet to a point for comer at the POtNT OF BEGINNING for the herein described tract; i'HENCE leavi�g said common line, and over and across ssfd 32.0303 acre tract the following 3 courses and distances: South 00°24'40" West, a distance of 673.37 feet to a point for the most easter{y southeast comer hereof; North 89°29'28" West, a distance of 1,309.61 feet to an angle point hereof; South 89°09'29" West, a distance of 155.18 feet to a point lying in the north line of Paisley Street (variable width R-O-W Document Number 2005-56077 of sa�d Real Property Records), also being the beginning of a non- tangent cun�e to the left having a centraE angle of 01°06'04", a radius of 225.00 feet, a chord bearing of NaRh 81 °42'56" West and a chord tength of 4.32 feet; THENCE along the north line of said Paisley Street and safd non-tangent curve fo the left, for an arc length of 4.32 feet to a point in the east right-of-way line of Mockingbird Lane (60' ROV1�, being the most westerly southwest cumer hereof; THENCE with said east rfght-of-way [ine of Mockingbird Lane (60' R-O-W Volume 3'f 62, Pages 700, 71b & 716 Deeci Records Denton County, Texas) the following 2 courses and distances: North 00°36'01" East, a distance of 10.64 feet to a point for corner also being the beginning of a non-tangent curve to the left having a central angle of 11 °06'00", a radius of 330.00 feet, a chord bearing of fVo�th Q4°53'16" West with a chord length of 63.83 feet; Northerly along said non-tangenf cur�e to the left, an arc length of 26.08 feet, passing a 5/8 Inch iron rod with cap stamped `TNP" set for referenci�g at the centerline of the herein describect tract at a distance of 26.09 feet, and continuing for a tota! arc distance of 63.93 feet to a point for the most westerly northwest corner hereof; 7HENCE leaving the east line of said Mockfngbird Lane, and over and across said 32.0303 acre tract the following 3 courses and distances; North 89°09'29" East, a distance of 164.62 feet to a point for a corner; South 89°29'28" East, a distance of 1,235.67 feet fo a pointfor a comer; North 00°24'40" East, a distance of 598,08 feet to a point lying fn the common Ilne between safd 32.Q303 and 34.9029 acre tracts, for the mosf no�therly northwest corner hereof; TNENCE South 89°35'20" East with sald common line, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the centerline of the herein described tract at a distance of 37.50 feet, and continuing along said line a total distance of 75.00 feet to the POINT OF BEGINtJING, and containing 3.5624 acres of land, more or less. t� ��! �. T+a d �. iurn�r, R.P.�.,�. �� ►sr�,�� Jan. 07, 2012 Sep. 20, 2012 — Ffeld "` �Tnon`a�iuRii�x'�� Revised: Sep. 30, 2013 ��""°„`a"""•""""�"'"` (Address Schedule B Items) �:° � ��$ ,�� T.B.P.L.S. Flrm 10011601 '��;�^��'�°�:�� .�c�'� SHEET 1 OF 2 : SINGINC OAKS CHURCH OF CHRIST OF DENTON � � DOC. Na 2 01 2-1 61 31 2 POINT OF � � R,a.R.o.c.r. BEGINNING n k (CALLED 34.9029 ACRE lRACT) k f/u• fn.P eeu¢s - -- _ . � � �. ,,.�. _ �. _. _ � �. _._ �...._. �.� � x awse'sa' a e,»• � � p . N ��'��`�7„ W � �� _� � _ - ��aF � _ � 255.50' � �F � � � °V I � �� sr.ur�+am 's:�r" � i i MI I �� '�� ,�ka�o`�t�� § rl � � IH6��55-£s+'�tE�S dt i�TtuGY �a�A�; p# CIEdGING �aAKS C�l�.lRCFi �F �H€i[ST �� i�E�7DiV ��I ��G�,"�Vi.�,., �48w. PG'S� 7��p. �t+? �t i9+� '� +"�`+ C7.3t.Q.CrT� � � �ra.�,, rn� � trr�y� � 6�� ' �� TAIL 1 � ��L�41+ � �" , . � �. C��C. Ne, �€iY�-14i��3 w ' f I R,P.€�,D.�.1'. O � ', �I ��te�'k55-EG�'e�SS & t,�1d'rv' �sMT. �CAL€„EC� 32,�3�f�3 i�G3i� 7ls�A�'S`'j er '� a � w v�c.. sx�2. P�`s. ��.�. '�� s+� � !g �I �� .� i7.0 T. N (9t7n, 1tk:$c s4�r')� 96' SA�%. ;�M�ft �ShIT, O i°J � NI �a�„ W v9L. 's�YS, PG fl35 O �s" ��r,�v tr.�.a.c.T, �� '�� C�2 �,��,�z�� ra��r �,�,� �,ra•,r� z H�4 _Q e a•-. R-O-W OONATION p �p�� DOC. No. Zfl45��6f] '��Y G,� R.P.R.E�.C.T. � �,� __ .�` G Y �� A E��§.A"�� a �, �. � 4� � . � . _ . . _ _ �.. : .. � �f�' � ��. 3iAkc�a�3 '7x!!` �� _._..�.- --�eas"m,e�i _ .�.,. _ i..� - � _ ' ' �� ,e� _ _ :�� SCALE: 1"=100' �'��'�,� DETAIL !„1�lE ��R9N� �I�TA$jIGE . L1 � �3"{�9 2� V41 i ��.1 � L2 N 0036 �9 `` � i D.74 _ L� S 89'38 �f� '� 7 a, 0�3` � N 89'29'28" W Id�dFs Ct}Wi�'F� c� Yi, F�G, 2�i� �`� P,F2,�#.�.T, ,_. _ �I � ��,,.�.�.�`. �_.,. ��.�� ,;�. i �� e O � : � -' � i i � ►.�a a� — -, m .�.. _. ....�_. —__. _ �. _..�..�. . � i Easem�n2 - .� ...,.__�. ,.,_ ..,...�.,a...wm 1309.81' W..�°` � : � a � : _ a/e, � � o `�` �� q LOMA DEL REY � SdNG�N� 4�AK�. r,.•, APARTMENT COMPLEX �� .�a� I C� E CA9. A, PAGE 139 �4., 1�, PG. 24 I� 1 P.RA.C.T, P P,R.D.C:T, �� q 1 CG p �� W Q 4 20' S A N. SEWEA ESMT, � �i VOL 193i. P0, 387 � and R V6L 1937, P0. 2�9 E D.R,O.C.T, (�oJ � rai) � NOTES: THIS EXHIBIT WAS PREPARED WI1H THE BENEflT OF TITLE RESOURCES GUARANTY COMPANY COMMIlMENT FOR T1TLE INSURANCE, GF N0. 112708, EFFECi1VE DATE: JULY 16, 2013 1HE FOLL.OWING SCHEDULE B ITEMS DO AFFECT THIS TRACT, AS SHOWN: 101, 1oJ, 10k, 101, 10m, 10n, t0o, 10p, 10q and 10r. lhia tract is subJect to the Eosemant executed by F.J. Mlller to Texoa Powar & Llght Company flled July 31, 1957, racorded fn Volumo 437, Paga 165, D.R.D.C.T. (Schedule B Itern tOh), however, the eosemant Is not plottablo ond no evidence of poles or guye was observed at the tlme of the eurvey. BA81S OF BEARINO; Baarings ere ba�ed on the Texes 8tate Plane Gbordinate 3ys4em, North Centrel Zone (NADB3). Todd B. Turner, �.�.�.�. Jan. 07, 2013 Sep. 20, 2012 - Field Revised: Sep. 80, 2013 (Address Schedule B ltems) 7.B.P.L.S. Firm 10011601 �� .�,��`� `s r E,4,�; �`.�a �,°"� ° ° � ..� �..� � TODD f B.� iURNER � ,�� ..4859 � R;d.. � ��"� s � °�'�� ' ��UR�F"-� � 0 150' 300' B00' ��I�IINI�� — _ _ 1 SCALE: 1" = 300' 3.5624 ACRES Situated in the M.E.P. & P.R.R. Survey, Abstract No, 927 City of Denton Denton County, Texas JOB N0. DME13222 x;. °., aH�`E"� 2 teague nall & perki � ,sir a�wr. r�... aw., wa.:so Dw+lan, Texee 7610! waaoa.stnPn waaea,,o�af,c www�Mpine.am EXH{BIT "A-2 ~ LEGAL DESGRIPTION ELECTRIC EASEMENT BEING A 2.0203 ACRE TRACT OF LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, ALSO BEING A PART �F THAT CERTAIN 34.9028 ACRE TRACT OF LAND DESCRIBED IN DEED TO SINGING OAKS CHURCH OF CHRISi OF �ENTON, AS REGQRDED IN DOCUMENT NUMBER 2012- 141312 OF THE REAL PROPERTY RECORDS OF DENiON COUNTY, TEXAS. SAID 2.0203 ACRES BEING MORE PARTICULARLY DESCRIBED 6Y METES AND BOUNDS AS FOLLOWS: COMMENCING at a point for corner at the intersection of the south Ilne of the above cited 34.9029 acre tract with the west line of State Highway Loop 288 (a variable width right-of-way}, from which a 1/2 fnch iron rod found for reference bears North 69°38'33" East, a distance of 2.79 feet, said point also being In the north line of a called 32.0303 acre tract of land described in a deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141313 of said Real Property Records of Denton County, Texas; THENCE North 89°50'37" West, along the common flne between said 34.9029 acre tract and said 32.0303 acre tract, a distance af 255.50 feet to a point for comer at the POINT OF BEGINNING for the herein described tract; THENCE North 89°50'37" West, along said common line, passing a 5/8 inch iron rod with cap stamped "TfVP" set for reference at a distance of 37.50 feet, and cAntinuing along said Ilne for a tota! dlstance of 75.00 feet to a point for corner; THENCE North 00°24'40" East, leaving said common line, over and across said 34.9029 acre tract, a distance of 541.44 feet, to a point for comer at an angle point; THENCE North 81 °55'36" West, continuing over and across said 34.9029 acre traet, a distance of 216.29 feet to a point for comer at an angle point; THENCE North 44°22'07" West, continuing over and across said 34.9029 acre tract, a distance of 169.99 feet to a point for comer lying in the north Une of said 34.9029 acre tract, also baing the south Ifne of a called 26.4732 acre tract of land as described in a deed to the City of Denton, as recorded in Qocument Number 2012-129326 of said Real Property Records; THENCE South 89°37'25" East, with the narth line of said 34.9029 and the south line of said 26.4732 acre tract, a distance of 236,32 feet to a 1/21nch iron rod faund for the suutheast corrier of said 26.4732 acre tract and the southwest corn�r of that certain 5.106 acre tract of land described in a deed to Saratan Corporatfon I, as recorded in Document Number 2004-88930 of said Real PropeRy Records; THENCE South 89°28'41" East, along the common line of said 34.8029 acre tract and said 5.106 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at a dlstance of 135,28 feet, and continuing along said Ilne for a total dista�ce of 172.78 feet to a point for comer, from which a 112 inch iron rod found for reference in the west line of State Hlghway Loop 288 bears South 89°28'41" East, a distance of 273.38 feet; THENCE South 00°24'40" West, departing the south line of sald 5.106 acre tract, and over and across said 34.9029 acre tract, a dlstanca of 690.42 feet to the POINT OF BEGINNING, and containing 2.0203 acres of land, more or less. �' . _ 'Fad� . 'i'�+�r�ner, �t.F'.L.�, Jan. OT, 2013 Sep. 20, 2042 — Ffeld Revised: 3ep. 30, 2013 (Address Schedule B items) T.B.P.L.8. Flrm 1001160f Sheet 1 of 2 an oF oara�. �rx�s � DOC. N0. 2012-129526 - R.P.R.D.0.T. � (CALLED 26.4732 ARtE TRAC'T) � S 89'37'��'" � 2;SC,� �a � d EXHlB�T �8�2� �ooc.Tro. � ��30� 2 �I� S 89'28'4l" E t 72.78' [N 88'33'02 W 944,56'] PASS 6/8" IRS 117TR � CAP STAAfPED "TNP" AT 135.28' PGRES �� Z �2 SINGING OAKS CHURCH OF CHRIS7 OF DENTpN DOC. NO. 207 2-4 4131 2 R.P.R,D.C.T. (CALLED 34.9029 ACRE TRAC» 0 50' 100' 20Q' SCALE: 1" =10Q' � � � w g -� N O O Z NOiES 37.50' THIS QWIBIT WAS PRFPARED NA1H 1}IE BENEFlT OF 11TI.E RESOURCES CUARANTY C0IAPANY COMIJITYENT POR TITLE fNSURANCE, GF N0. 112087, EFFECT4E OA7E: APRIL 18, 2013 7NE FOLLOWING SCHEDULE B 17EM4 DO AFfECT 7HIS TRACT AS SHOWN: 101� iHE FOLLOWING 11�,15 DO NOT AFFECT THIS TRACT AS SHOWN: t0y, Eoasment exwuted by P.J. NAIx to Texas Power k Llqht Company Poed July 31, 1967, rocordad In Volume +31, Paye 165, D.R.D.C.f tq. Eaeament �xacutsd by Euqanla Palx Ra�zor to fhs Clky of Denton, Tawas Na4 FeOniary 20, 1894, reca'dsd tn Volums 31BZ, Page 690, R.P.R.D.C�T. BASIS OF BEARING: Bearings are besed on the Texas State Plane Coordinate System, North Central Zone (NAD83). Ta�d'�.��"us°��r, �.P.L.S. Jan. 07, 2013 Sep. 20, 2012 - Field Revised: Sep. 30, 2013 �aaa�ss sonedu�e s items� T.B.P.L.S. Firm 10011601 N 89'S0'37" W i i U � �� if � I i i a �� ,y N �w c� � (c�u�n s.toe � rn�c� �,.�- S 89'28'41" E 273.3B' �/2" !RF -�` -' - I I � I i I 9 � �-' R I �� 6 � � TXDOT j a �.-, j � ALUAf. ? a � : MON. �OGv � G'� 0 I � � � � � G 1 CO ^ j N � � O O d ' � � J � 70' _„�� ' ¢ F�- I Q r � SINGING OAKS CHURCH OF CNRIST I� � OF OENTON �"+ DOC. N0. 2012-541312 � = N R.P.R.D,C,T, c� (CALLED 34.9029 ACRE 'fRACT) �.�.. ¢ o Q W dN' � I � l � � ' � a �p�� d �UN: s M � I � i � i ��t�1�� ` ��s' 4�`�� °��`:�'C�� I k I I � i 3' � tl ; POINT OF POINT OF � COMMENCtNO : BEGINNING � � � as�so'3�^ w ��5,�t�° �/z' arF � � � � BI£ARS SINqNG OAKS CHURCH OF CHRIST N 8A'3B 36" E OF DENTON z,qg� DOC. N0. 2012-141313 AkSS �/�'" XitS� R�P.R.D.C.T. �� p �,�,ypgD (CALLED 32.0303 ACRE TRACT) M�,��"AT 3Y30• 2,0203 ACRES Situated in the M.E.P. & P.R.R. Company Survey, Abstract 927 City of Denton Denton County, Texas JOB N0. DME13222 SHEET 2 OF 2 � �� +��e�� r•� � ° �+ ..s .., �ggTODDiB � TURNER �# �.�..� ..................� .. R � � 4859 �+ � �'"`�QF- � � n;:•�s- �� S U i�'� � � teague �� & ��rkt�� n }s„�M��ob��sp Wnfan, T�xa� 76703 940,3��•�17f p6 N0.9�3.6046 M wwwle�lnuam EXHIBIT �A-3� LEGAL DE3CRIPTION TEMPORARY CONSTRUCTION EASEMEN'T BEING A 1.1283 ACRE TRACT OF' LAND SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS, AN� BEING A PORTI�t� OF THAT CERTAIN 32.0303 ACRE TRACT OF LAND DESCRIBED IN A DEED 70 SING4NG OAKS CHURCH OF CHRIST OF DENTON, AS RECORDED IN �OCUMENT NUMBER 2012-141313 OF THE REAL PROPERTY RECORDS OF DENTOPI COUNTY, TEXAS. SAID 1.1283 ACRES BEING MORE PARTICUI.ARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a poinf tor corner at the intersection of the north Ilne of the above cited 32.0303 acre tract with the west line of State Highway Loop 288 (a varlable width right-of-way), from which a 1l2 inch iron rod found for reference bears North 89°38'33" East, a distance of 2.79 feet, said point also being in the south Une of a called 34.9029 acre tract of land described In deed to Singing Oaks Church of Christ of Denton, as recorded in Document Number 2012-141312 of said Real Property Records; THENCE North 89°50'37" West, along the common line between said 32,0303 and 34.9029 acre tracts, a distance of 330.50 feet to a point; THENCE South 0�°24'40" West, leaving said common Ilne, over and across said 32.0303 acre traet, a distance of 562,9t feet to a polnt foe corner at the POINT OF BE(31NNING for the herein described tract; THENCE over and ecross said 32,0303 acre tract the following three courses and distances; South OQ°24'40" West, along the west line of a proposed 75 foot power Ifne easement a distance of 35.00 feet to an angle palnt hereof; North 89°29'28" West, along the north line of the said power line easement a distance of 1,235.57 feet to an artgle point hereof; South SS°09'29" West, continuing a(ong the norfh line of sald power line easement, a distance of 164.62 feet to a pofnt lying In the east line of Mockingbird Lane (60' R-O-W Volume 3162, Pages 700, 710 & 718 Deed Records of Denton County, Texas), also being ��he beginnirtg of a nan- tangent curve to the left having a centra! angle of 06°13'S7", a radius of 330.00 feet, a chord bearing of North 13°33'14" West and a chord length of 35.88 feet; TMENCE along the east li�e vf said Mockingbird Lane, and said non-tangent curve to the left, for an arc fength of 35.9(3 feet to a point for the most northwest corner hereof; THENCE departing said east right-of-way line of Mockingbird Lane over and across sald 32.03Q3 acre tract the foliowing two courses and distances; North 89°08'28" East, a dlstance of 172.93 feet to a polnt for a comer; South 89°29'28" East, a distance of 1,235.92 feet to a point for a corner at the POINT OF BEGINNING, and containing 1.1283 acres of land, more or less. �`v B, �rn�ra Fi,F�.L.,S. _ Sep. 30, 2013 'f.B.P.L.S. Firm 10017601 SHEET 1 OF 2 EXHIBIT wB-3p 51NCING OaKS CHURCH OF GHRIST OF' DENTON DOC. Na 20t2-741312 R.P.R.D.C.T. (CALLED 34.9029 ACRE TRACT) �� kNCi�i�"�.S C�£S5 �e U#�i,dTV ESkiT �'°M VCk1.� 3W82 PC'3, 7flf3, '3t6 Ft �ii 1 �� s�.� e.T. ��"��, (ra,�, �a� � ra�s1 � �� Y�� ,, L;� a R-O-W ��7PdAa pOC, Na �{�.R-! R.P.Rat�.�.i: — � .� _..�...__ _ .�a._._... _ .... _ � _m � .�._ _ .a n #�� ° � �,1� � 1 �6P�GI�k� 4A�C.a GWIiR�ki d7F �HRISi 0'�` CiEhiTK.�N � T�pC;. �+s. �4i'�-fi�1313 R R.R.�.c.i°. mr��ss �c�iss r� un��rr es�r. (c�t,t„��r 3z.t3�'a3 AGfc� '�tA�f� �H�6. �t�2, PG'�. 7a3. 7c?fi d� 759 @,i�.D,C.Y, �4^.�� 41� k 8#3r� �� M� � I. W A F • F�iil _____�._� .., �A_,,.� Fk'� .� 'd _.. W„� C�G ??4 .-16' S�s� S�wFJi E'�'I . � aG R,1�w�.T. � V(iL iS3s. Pf� 9�'� . p � �� $r��) T, �3l��OA9�5� /� � a � s �. � �.,,�i� Pc.�z4 I`—� � �.�.b.�.i. �g, c� �° 35' i �.� '° � •°� ��'i��'Z�" §�" 164,��`.•. � ,�'� �` / r .,�`"�!,� d �.�` 75 P. U. E. � � (BY SEPARATE PLAT)� !' � � !_1_'�_—�� _.�___�,� �_��__�.___.__�_�.�..� �� __,��.�� _ _ SCALE: i"-100' ��a.�„ DETAIL � j �� UR� RAfJCLl� aRC !_��iGTH CFIOF?�3 LE�IGi"i� ��4�� EA��NG [}EL�`A A�k�� 1 33�3.67{i _ 3�.9�' �5,88 _ P4 1i"��'t�" W ��'1�'S7" NOTES: iHIS EXHIBIT WAS PREPARED WITH 1FIE BENEFlT OF TIiLE RESOURCES GUARANTY COMPANY COMMIiMENT FOR T1TLE INSURANCE, GF N0. 112108, EFFECi1VE DATE; JULY 16, 2013 THE FOLLOWING SCHEDULE B ITEMS DO AFFECT iH15 TRACT, AS 5HOYM: 101, 10J, tOk, 1�I, tOm, 10n, 100, tOp, 10q and tOr. ' � A s C [ t ` t N 89'50'37" W t/r" �¢r eau+s � d 3�C�.5A' _. x erse'xi^ a a,�a� . ��,-� �—�. .� �. - � j I # � ..� ��i'��`�� i � P � ' ��„C1� 3� �� j I G� _ d �� pl E y� ! 4�! -�y 1 F-•— � oi er i ~� o� ai f � � (� � � f 1 �a�� 00 � �� o� � i � I �� i � � ��° � O � �`fk� � ^� a a gt 6 �,�_ Mk�.��'....a_,.d�.� � !Z- � d s/e- cnv � � LOA�R �?kJ.. 9i�Y �y W a�,�n,+�r�x c�a�� J w �ae. �„ �,wc� t�� p � P.#�.87,�.i. 9 �i M � , � � w, N so sna. sewER esMr. d va. tii a�aPa, ss��.. � � VOI, 1137, PG. 238 C D.R,D.C,T, �,aJ � ,o�� 1np 0 160' 300' 800' � - � SCALE: 1" = 300' Thla tract Is subJec4 to the Eosement executed by F.J, Miller to Taxas Power & Llght Company filad July 31, 1957, recorded in Volume 431, Page 165, D.R.O.C.T. (Schedule B Item 10h), however, the easement Is not ploltable and no evidence of poles or guys wae observed at the tlme of the survey. BA313 �F BEARINCi: TEMPORARY CONSTRUCTION EASEMENT �� T� �� >. 1.1283 ACRES T� d �. Tur��r,. R.P.L.S. Sep. 25, 2013 Sep. 3d, 2012 - Field (Address Schedule B Rems) T.B.P.L.S. Firm 10011601 �€�:�•�.:, �`�' �� tS7°E,��,..�.. [?.' 4' �' � % � ��k *TOD��B.•�TURNER[# � „�.#. � "4859 �� ;''�. �q�,�;; �° s � �,� �;�c�� t��`� Situated in the M.E.P. & P.R.R. Survey, Abstract No. 927 City of Denton Dentan County, Texas JOB N0. DME13222 teagve nall � perkins ` �eir a�. rt.a o�wa s�h. s�m � w�+,n, r.,:.. ssaor F �+a.�.��ra� � �.a��.� r� w.n+.hpinesem