2014-175ORDINANCE NO. 2014-175
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM STUART
PROPERTY TRUST AND EDWARD F. WOLSKI FOR THE PURCHASE BY THE CITY OF
AN ELECTRIC UTILITY EASEMENT ENCUMBERING A 1.175 ACRE TRACT OF LAND
AND A TEMPOR.ARY CONSTRUCTION EASEMENT ENCUMBERING A 0.562 ACRE
TR.ACT OF LAND BOTH BEING GENERALLY SITUATED IN THE S. MCCR.ACKEN
SURVEY, ABSTR.ACT NO. 817, CITY OF DENTON, DENTON COUNTY, TEXAS FOR
THE PUBLIC USE OF EXPANSION, CONSTRUCTION, OPERATION, MAINTENANCE,
AUGMENTATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND
DISTRIBUTION LINES, FACILITIES, STRUCTURES, AND SUBSTATIONS AND THE
PURPOSE OF ACCESS, STAGING OF MATERIALS AND EQUIPMENT,
CONSTRUCTION AND GR.ADING ACTIVITIES RELATING TO THE EXPANSION,
CONSTRUCTION, MAINTENANCE, AUGMENTATION, OPERATION AND
IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES,
FACILITIES AND STRUCTURES, RESPECTIVELY, FOR THE PRICE OF TWO
HUNDRED TWENTY-ONE THOUSAND, FIVE HUNDRED TWENTY-SEVEN DOLLARS
AND 26/100 ($221,527.26); AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton, Texas ("City") has approved plans
for the construction of multiple electric transmission line and substation projects ("DME
Expansion Proj ects");
WHEREAS, the DME Expansion Projects serve the public interest of the citizens of the
City by continuing to provide reliable electric service through electric utility infrastructure
expansion and improvements;
WHEREAS, numerous real property interests need to be acquired by the City to construct
the DME Expansion Projects;
WHEREAS, the City needs to acquire a 1.175 acre electric utility easement and a 0.562
acre temporary construction easement on property owned by Stuart Property Trust and Edward
F. Wolski ("Owners") for the DME Expansion Projects ("Property Interests"); the Property
Interests are generally situated in the S. McCracken Survey, Abstract No. 817, City of Denton,
Denton County, Texas, and is more fully described in Exhibits A-1 and A-2 and shown on
Exhibits B-1 and B-2 all of which are exhibits to the Easement Purchase Agreement;
WHEREAS, the Property Interests are to be used for the public use of expansion,
construction, operation, maintenance, augmentation, and improvement of electric transmission
and distribution lines, facilities, structures, and substations;
WHEREAS, the City made both an Initial Offer and Final Offer to the Owners to
purchase the Property Interests;
WHEREAS, the Owners have made a counteroffer to the Final Offer of City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to it; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance
are incorporated by reference.
SECTION 2. The City Council finds that:
a. The DME Expansion Projects serve the public interest of the citizens of
the City by continuing to provide reliable electric service through electric utility
infrastructure expansion and improvements; and
b. The acquisition of the Property Interests is necessary for the public use of
expansion, construction, operation, maintenance, augmentation, and improvement of
electric transmission and distribution lines, facilities, structures, and substations as
required by the DME Expansion Projects.
SECTION 3. The City Manager, or his designee, is authorized to accept the Owners'
counteroffer to sell the Property Interests for the purchase price of Two Hundred Twenty-One
Thousand, Five Hundred Twenty Seven dollars and 26/100 ($221,527.26).
SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the
Easement Purchase Agreement, by and between the City and Owners, in the form attached as
Attachment 1; and (ii) any other documents necessary for closing the transaction contemplated
by the Easement Purchase Agreement; and (b) to make expenditures in accordance with the
terms of the Easement Purchase Agreement.
SECTION 5. It is the intention of the City Council of the City of Denton, Texas, that if
any phrase, sentence, section, or paragraph of this ordinance shall be declared unconstitutional or
otherwise invalid by final judgment of a court of competent jurisdiction such unconstitutionality
or invalidity shall not affect any of the remainder of this ordinance since the same would have
been enacted by the City Council without the incorporation of the unconstitutional or invalid
phrase, sentence, section or paragraph.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the �����t� day of t,���,���,�,. r�()14.
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CHRIS WATTS, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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ANITA BURGESS, CITY ATTORNEY
By: �
Easement Purchase Agreement
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AGREEMENT IS SUBJECT TO CHAPTER 552, GQVERNMENT CODE.
THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated
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as his separate property (the "Owner"), and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, STUART PROPERTY TRUST, �' i�P� ` � ' � � `� �° ,� — �°�� �i
C.�� ', as Trustee, and EDWARD F. WOLSKI, a married man, as his separate property
and not being his homestead, is the Owner of a tract of land (the "Land") in the S. McCracken
Survey, Abstract Number 817, 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;
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NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
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 a permanent easement in, along, over, upon, under and across the tract of land
being described in the Exhibit "A-1" and depicted in Exhibit "B-1" 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-2" and depicted in Exhibit "B-2" 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 deiined 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
TWO HUNDRED TWENTY-ONE THOUSAND, FIVE HUNDRED TWENTY-SEVEN and
26/100 DOLLARS ($221,527.26) 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
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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
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 heirs, devisees, 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 7�5�4�� "Tit1� Company"), with said Title Company
acting as escrow agent, on the date which is c���y� �i`1��� 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.
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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
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 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 IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, 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
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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 certiiied, return receipt requested, postage prepaid, addressed as follows:
O WNER:
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Phone ���. �
Copies to:
For Owner:
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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:
Scott Hickey, 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.
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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.
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
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GL' ol\�iE �;• �;EIMPBELLy
CITY MANAGER
Date:._.��,,.#� ��.�.���� .............__��.�.mn, 2014
ATTEST:
�i��,I'� �l���R WALT�1 �"�, CITY SECRETARY
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Date. �.� ��` �`J �� ` , 2014
APPROVED AS TO LEGAL FORM:
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Owner:
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STUr��' �'���'�����TY'.C`T .���°
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Date: _� � �� � , 2014
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EDWARD F. WOLSKI,
a married man, as his separate property
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Date: �� _ , 2014
• 1 1 ' 1' ' 1.
Easement Purchase Agreement
This Addendum to Easement Purchase Agreement is made herein as an amendment to certain
terms of the Easement Purchase Agreement set forth above.
NOW, THEREFORE, Owner and City hereby agree as follows:
A. Randall Smith shall be paid a 6% commission on the sale of the Easement Lands described
herein, payable by Owner from Owner's proceeds.
B. Owner and City further agree that the Easement Lands are being GRANTED, SOLD and
CONVEYED in lieu of the condemnation process threatened, pending, or authorized by law,
by City.
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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 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) 3 81-1006
Telecopy: (940) 898-0121
:
Printed Name:
Title:
Contract receipt date: �__. �, 2014
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EXHIBIT "A" -1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 1.175 acre tract of land situated in the S. McCracken Suroey, Abstract No. 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed to Edward F. Wolski, as recorded in Document
Number 2005-66783, Real Property Records of Denton County, Texas, and being more particularly described as
fol lows:
BEGINNING at a PK Nail found for corner at the intersection of the approximate centerline of Stuart Road with the
Northerly line of State Highway Loop 288 (a variable width right-of-way), said point being the most Westerly
Southwest corner of the above cited Wolski tract;
THENCE North 01° 06' 14" East departing the Northerly line of said State Highway Loop 288, and along the
approximate centerline of said Stuart Road and the East line of a 30 foot wide right-of-way described in Volume
4359, Page 1323 of the Real Property Records of Denton County, Texas, for a distance of 34.67 feet to a point
corner;
THENCE South 89° 29' 12" East departing the approximate centerline of said Stuart Road, for a distance of 700.03
feet to a point for comer in the East line of said Wolski tract, said point also being in the West line of 90 foot wide
right-of-way dedication as shown on the Final Plat of Denton Early Childhood Center, an Addition to the City of
Denton, Texas, as recorded in Document Number 2010-113 of Plat Records of Denton County, Texas;
THENCE South 01° 14' 22" West along the East line of said Wolski tract and the West line said 90 foot wide
right-of-way dedication, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the centerline of the
proposed power line 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, from which a 1/2 inch iron rod found for the Southeast corner of said Wolski tract bears South 01 °
14' 22" West, a distance of 10.Q0 feet;
THENCE North 89° 29' 12" West departing the East line of said Wolski tract, for a distance of 646.73 feet to a point
for corner in the Northerly line of said State Highway Loop 288, from which a concrete monument found at an angle
point in the Northerly line of said State Highway Loop 288 bears South 44° 14' 18" East, a disiance of 14.08 feet;
THENCE North 44° 14' 18" West along the Northerly line of said State Highway Loop 288, passing a 5/8 inch iron
rod with cap stamped "TNP" set for reference at the centerline of the proposed power line at a distance of 52.80 feet,
and continuing along said line for a total distance of 56,72 feet to a PK Nail found for corner at an angle point;
THENC� North 89° 16' 12" West along the Northerly line of said State Highway Loop 288, for a distance of 12.78
feet to the POINT OF BEGINNING, and containing 1,175 acres of land, more or less.
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January 23, 2013
January 22, 2013 — Field
Revised: October 10, 2013
T.B.P.L.S. Firm No. 10011601
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EXHIBIT "A" -2
LEGAL DESCRIPTION
35' TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.562 acre tract of land situated in the S. McCracken Survey, Abstract No, 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed to Edward F. Wolski, as recorded in Qocument
Number 2005-66783, Real Property Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a point for corner in the approximate centerline of Stuart Road, and being in the East line of a 30 foot
wide right-of-way described in Volume 4359, Page 1323 of the Real Property Records of Denton County, Texas,
said point also being in the West line of the above cited Wolski tract, from which a PK nail found for the most
Westerly Southwest corner of said Wolski tract bears South 01 ° 06' 14" West a distance of 34.67 feet;
THENCE North 01° 06' 14" East along the approximate centerline of said Stuart Road and the West line of said
Wolski tract, for a distance of 35.00 feet to a point for corner;
THENCE South 89° 29' 12" East departing the approximate centerline of said Stuart Road and the West line of said
Wolski tract, for a distance of 700,11 feet to a point for corner in the East line of said Wolski tract and the West line
of Lot 1, Block A, per the Final Plat of Denton Early Childhood Center, an Addition to the City of Denton, Texas, as
recorded in Qocument Number 2010-113 of the Plat Records of Denton County, Texas;
THENCE South 01 ° 14' 22" West along the East line of said Wolski tract and the West line of said Lot 1, Block A, for
a distance of 35.00 feet to a point for corner in the West line of a 90 foot wide right-of-way dedication per said Final
Plat of Denton Early Childhood Center, from which a 1/2 inch iron rod found for the Southeast corner of said Wolski
tract bears South 01 ° 14' 22" West a distance of 85.00 feet;
THENCE North 89° 29' 12" West departing the East line of said Wolski tract, and along the North line of a proposed
75.00 foot wide electric easement, for a distance of 700.03 feet to the POINT OF BEGINNING and containing 0.562
acres of land, more or less.
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October 10, 2013
January 22, 2013 — Field
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THE STATE OF TEXAS
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THAT, STUART PROPERTY TRUST, SHERMAN COLTNTY, INC., a Nevada Corporation,
as Trustee, and EDWARD F. WOLSKI, a married man, as his separate property and not being his
homestead (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 1.175 acres and being more particularly described in Exhibit "A-
1" and illustrated in Exhibit "B-1", attached hereto and incorporated into this document by reference
(the °�EasEMENT rROrERTY°��.
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 iind 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 efficiency, 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 0.562 acres and being more particularly described in Exhibit 66A°
299 and illustrated in Exhibit 66B�299 (the 66TEMPORARY CONSTRUCTION EASEMENT
PROPERTY") 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 TEMPOR.ARY
2
CONSTRUCTION EASEMENT PROPERTY such fences, signage, buildings, vegetation and trees
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 heirs, devisees, successors and assigns, subject to the terms 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
("UNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not
3
construct, and GRANTEE shall have the right to prevent the construction of, LTNPERMITTED
STRUCTURES on the EASEMENT PROPERTY and if any LTNPERMITTED STRUCTURES are
hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY
without prior written consent of GR.ANTEE, then GRANTEE shall have the right to remove the same
and GR.ANTOR 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 heirs, devisees, 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.
WIT'NESS THE EXECUTION HEREOF on the day of _, 2014.
:!'j.7�►f1 I717:�
SHERMAN COUNTY, INC.,
a Nevada Corporation, as Trustee of the
STUART PROPERTY TRUST
:
Capacity:
EDWARD F. WOLSKI,
a married man, as his separate property
�
State of Texas
County of
This instrument was acknowledged before me on this day of � , 2014,
by _ ._ as vyu of SHERMAN COUNTY, INC., a
Nevada Corporation, as Trustee of the Stuart Property Trust, a Texas trust on behalf of the said trust
and in the capacity therein stated.
Notary Public, State of �
My Commission Expires:
State of Texas
County of
This instrument was acknowledged before me on this day of �___� * 2014,
by EDWARD F. WOLSKI, a married man, as his separate property.
Notary Public, State of ___
My Commission Expires:
AFTER CO ING TU TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901-A Texas Street, 2nd Floor
Denton, Texas 76209
Attn: Paul Williamson
EXHIBIT "A" -1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 1.175 acre tract of land situated in the S. McCracken Survey, Abstract No. 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed ta Edward F. Wolski, as recorded in Document
Number 2005-66783, Real Property Records of Denton County, Texas, and being more particularly described as
fol lows:
BEGINNING at a PK Nail found for corner at the intersection of the approximate centerline of Stuart Road with the
Northerly line of State Highway Loop 288 (a variable width right-of-way), said point being the most Westerly
Southwest corner of the above cited Wolski track;
THENCE North 01° o6' 14" East departing the Northerly line of said State Highway Loop 288, and along the
approximate centerline of said Stuart Road and the East line of a 30 foot wide right-of-way described in Volume
4359, Page 1323 of the Real Property Records of Denton County, Texas, for a distance of 34.67 feet to a point
corner;
THENCE South 89° 29' 12" East departing the approximate centerline of said Stuart Road, for a distance of 700.03
feet to a point for comer in the East line of said Wolski tract, said point also being in the West line of 90 foot wide
right-of-way dedication as shown on the Final Plat of Denton Early Childhood Center, an Addition to the City of
Denton, Texas, as recorded in Document Number 2010-113 of Plat Records of Denton County, Texas;
THENCE South 01° 14' 22" West along the East line of said Wolski tract and the West line said 90 foot wide
right-of-way dedication, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the centerline of the
proposed power line at a distance af 37.50 feet, and continuing along said line for a total distance of 75.00 feet to a
point for corner, from which a 1/2 inch iron rod found for the Southeast corner of said Wolski tract bears South 01°
14' 22" West, a distance of 10.00 feet;
THENCE North 89° 29' 12" West departing the East line of said Wolski tract, for a distance of 646.73 feet to a point
for corner in the Northerly line of said State Highway Loop 288, from which a concrete monument found at an angle
point in the Northerly line of said State Highway Loop 288 bears Sou1h 44° 14' 18" East, a distance of 14.08 fest;
THENCE North 44° 14' 18" West along the Northerly line of said State Highway Loop 288, passing a 5/8 inch iron
rod with cap stamped "TNP" set fior reference at the centerline of the proposed power line at a distance of 52.80 feet,
and continuing along said line for a total distance of 56.72 feet to a PK Nail found for corner at an angle point;
THENCE North 89° 16' 12" West along the Northerly line of said State Highway Loop 288, for a distance of 12.78
fest to the POINT OF BEGINNING, and containing 1.175 acres of land, more or less.
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�d�'�B. Turner, R P.L.S.
January 23, 2013
January 22, 2013 — Field
Revised: October 10, 2013
T.B.P.L.S. Firm No. 10011601
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EXHIBIT "A" -2
LEGAL DESCRIPTION
35' TEMPORARY CONSTRUCTION EASEMENT
BEING a 0.562 acre tract of land situated in the S. McCracken Survey, Abstract No. 817, Denton County, Texas,
and being part of that certain tract of land described in a Deed to Edward F. Wolski, as recorded in Document
Number 2005-66783, Real Property Records of Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a point for corner in the approximate centerline of StuaR Road, and being in the East line of a 30 foot
wide right-of-way described in Volume 4359, Page 1323 of the Real Property Records of Denton County, Texas,
said point also being in the West line of the above cited Wolski tract, from which a PK nail found for the most
Westerly Southwest corner of said Wolski tract bears South 01 ° 06' 14" West a distance of 34.67 feet;
THENCE North 01 ° 06' 14" East along the approximate centerline of said Stuart Road and the West line of said
Wolski tract, for a distance of 35.00 feet to a point for corner;
THENCE South $9° 29' 12" East departing the approximate centerline of said Stuart Road and the West line of said
Wolski tract, for a distance of 700.11 feet to a point for comer in the East line of said Wolski tract and the West line
of Lot 1, Block A, per the Final Plat of Denton Early Childhood Center, an Addition to the City of Denton, Texas, as
recorded in Document Number 2Q10-113 of the Plat Records of Denton County, Texas;
THENCE South 01 ° 14' 22" West along the East line of said Wolski tract and the West line of said Lot 1, Block A, for
a distance of 35.00 feet to a point for corner in the West line of a 90 foot wide rlght-of-way dedication per said Final
Plat of Denton Early Childhood Center, from which a 1/2 inch iron rod found for the Southeast corner of said Wolski
tract bears South 01 ° 14' 22" Wes1 a distance of 85.00 feet;
THENCE North 89° 29' 12" West departing the East line of said Wolski tract, and along the North line of a proposed
75.00 foot wide electric easement, for a distance of 700.03 feet to the POINT OF BEGINNING and containing 0.562
acres of land, more or less.
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Tadd B. Turner, R.P.L.S.
October 10, 2013
January 22, 2013 — Field
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