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2014-172ORDINANCE NO. 2014-172 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM GASSAWAY PROPERTY TRUST ("OWNER"), MADE BY ITS TRUSTEE, GEESLING GASSAWAY COUNTY, INC., A NEVADA CORPORATION, FOR THE PURCHASE BY THE CITY OF AN ELECTRIC UTILITY EASEMENT ENCUMBERING A 2.9001 ACRE TRACT OF LAND BEING GENERALLY S�TUATED IN THE R.B. LONGBOTTOM SURVEY, ABSTRACT NO. 775, CITY OF DENTON, DENTON COLJNTY, TEXAS ("PROPERTY INTEREST") FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, OPERATION, MAINTENANCE, AUGMENTATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, STRUCTURES, AND SUBSTATIONS FOR THE PRICE OF FIVE HUNDRED EIGHTY-EIGHT THOUSAND, FOUR HUNDRED NINETY- SIX DOLLARS AND 88/100 ($588,496.88); 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 Projects"); 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 2.9001 acre electric utility easement on property owned by Gassaway Property Trust ("Owner") for the DME Expansion Projects ("Property Interest"); the Property Interest is generally situated in the R.B. Longbottom Survey, Abstract No. 775, City of Denton, Denton County, Texas, and is more fully described in Exhibit A and shown on Exhibit B both of which are exhibits to the attached Easement Purchase Agreement; WHEREAS, the Property Interest is 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 Owner to purchase the Property Interest; WHEREAS, the Owner has 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 Interest 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 Owner's counteroffer to sell the Property Interest for the purchase price of Five Hundred Eighty Eight Thousand, Four Hundred Ninety Six Dollars and 88/100 ($588,496.88). SECTION 4. The City Manager, or his designee, is authorized to (a) execute (i) the Easement Purchase Agreement, by and between the City and Owner, 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 �'`��� �, day of '����;�,�� �'� . 2014. .�rW�,� � � r, � ; ,� f � � .� . �' � �'�,� F � , w � � ����� _ � CHRIS WA'�"�'�� MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: �.�. �r �'�l�P' VE� �� `f`CC� LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: � � Easement Purchase Agreement NOTICE YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS EASEMENT PURCHASE AGREEMENT (��Agreement") is dated _.w,� ��`�,�'��` �� , 2014, between Geesling Gassaway County, Inc., a Nevada Corporation, as Trustee of the Gassaway Property Trust (the "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Geesling Gassaway County, Inc., a Nevada Corporation, as Trustee of the Gassaway Property Trust is the Owner of a tract of land (the "Land") in the R.B. Longbottom Company Survey, Abstract Number 775, 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; 1 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the Owner shall grant, execute, and deliver to the City an easement in, along, over, upon, under and across the tract of land being described in Exhibit "A", and depicted in Exhibit "B", respectively (the "Easement Lands"), to that certain Electric Utility Easement attached hereto as Attachment 1 and made part hereof, for electric utility purposes, as more particularly described therein (the "Easement"); The Easement shall be in the form as attached hereto and incorporated herein as "Attachment 1". 2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the sum of FIVE HLTNDRED EIGHTY-EIGHT THOUSAND, FOUR HUNDRED NINETY-SIX and 88/100 DOLLARS ($588,496.88) as compensation for the Easement. The monetary compensation prescribed in this Section 2 is herein referred to as the "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, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, 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, successors and assigns, the City, it's officers, employees, elected ofiicials, agents and contractors from and against any and all claims z 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 ��u��� L���a �8�, ���it� �#I�S, L��nt�i�, T�.�.as 7�2�� (�"Tii� �'t��n�a��y„�i wi�k� ��i�i Title C:��7xp�ny �ct�.r��, �� e���Re�� a��i�t, o�� t,�i� c��.�� ��l�ch �� ��y� a�`t�r t�� Gfluctz°v� Il��te, ��n��s� tl�� ��n�r 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 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 his 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 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: c� WNER: CITY: : � ��� � ' � �� City of Denton . .� � � ���e�� � ��� � �.�� � Paul Williamson ��, ��� ��� �� Real Estate and Capital Support Phone_ � ���� �� : _ _m_ 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 4 Copies to: For Owner: _.. � . � .,� __ �� � � .. o � � � : � �� � � Telecopy; For Citv: Scott W. 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. 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. 5 C���i�� � .:/ 1����� —� �.�w . . _ `�; a.r r �, ,.,„ � �,r' �� ,,,,.,.� " � � � B r "".m�e�-- �` ..,. .. . .- � Y. � y �r � n.� GEORGL` C. CH1V1rBELLy Cl l I 1VlA1rAGL' !t Date: �. �J�� � � 2014 ATTEST: v.! A�1 Y'µl\A.�A�� l:.a�. VY tfL 1 L' lOti7y �11 I. �7L` 6.ilL` 1 til� 1 BY: � k..� i��t�. °,.q� ��� �, � �;� � , 2014 APPROVED AS TO LEGAL FORM: � ° � ��li� , , � . , �� -„r��� ���,r,,�� <�,����-� • � , _ ���� �, .� �1°�3�ti���3�� � BY: � y Date: � � t. �� �, ''' , 2014 � f �e�sLi���„ �' �� r°��c��`�t i ����r�y County, as [`r������� � of �t �� i a Nevada Gassaway By: t�, �' ��`� "�� tr, Capacity: �� � �.w.��..��. 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. � �� �,�, ,> �,�,. � ; Owner i�_� ���-� Gity 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 : Printed Name: Title: Contract receipt date: �__ , 2014 � EXHIBIT "A" LEGAL DESCRIP710N ELEG7RIC EASEMENT BEING A 2.9001 ACRE TRACT OF LAND SITUATED IN THE R.B, LONGBOTTOM SURVEY, ABSTRACT 775 AND BEING A PORTION OF A CALLED 3i.600 ACRE TRACi OF LAND DESCRIBED IN A DEED 70 GEESLING GASSAWAY COUNTY, INC., A NEVADA CORPORATION, AS TRUSTEE OF THE GASSAWAY PROPERTY TRUST, AS RECORDED IN DOCUMENT NUMBER 2005-50247 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, 7EXAS. SAID 2.9001 ACRE 7RACT OF lAND BEING MORE PARTICULARLY DESCRI6ED BY ME�ES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/S inch iron rod found for 4he sautheast corner of a called 1,9126 acre tract of land described in a deed to the City of Denton, Texas, a Texas Home Rule Municipal Corporation as recorded in Document Number 2012-130866 of the Real Property Recards of Dentan County, 7exas, same lying In the north line of above cited Geesling tract; THENCE Narth 88°42'18" West with the common line between said 1.9126 acre tract and said Geesling tract, a distance of 27.30 feet, to a point for corner at the POINT OF BEGINNlNG for the herein described tract; THENCE over and across said Geesling tract the following 3 caurses and distances: South 04°46'56" West, a distance of 162.77 feet to a point for a corner; South 89°49'11" East, a distance of 34222 feet to a point for a corner; Sou4h 00°24'40" West, a distance of 1175.48 feet to a point lying in the south line of said G2esling tract and the north line of a called 26.4732 acre tract of land described in a deed to the City of Denton, Texas, a Texas Home Ftule Municipal Corporation, as recorded in Document Number 2012-129326 of the Real Property Records of Denton County, 7exas, and being in the approximate centerline of Audra Lane (Variable Width R- 0-V1�, far the southeast corner hereof; THENCE South S�°47'21" West with the common line between said Geesling lract and 26.4732 acre tract, passing a 5!8 inch iron rod with cap stamped "TNP" set far reference at the centerline of the herein described tract at a distance of 37.50 feet, and continuing along said Ilne a total distance of 75,00 feet to a point for the southwest earner hereof; THENCE leaving the common line between said Geesling tract and said 26.4732 acre tract, and over and across said Geesling tract the following 3 courses and distances: North 00°24'40" East, a distance of 1100,99 feet to a point for a corner; North 89°49'11" West, a distance of 348.20 feet to a point for a corner; North 04°46'56" East, a distance of 239.48 feet to a point lying on the common line beiween said Geesling tract and said 1.9126 acre tract, for the northwest corner hereof; THENCE South 88°42'1 S" East with said common line between said Geesling tract and said 1.9126 acre tract, passing e 5/8 inch iran rod with eap stamped "TNP" set for reference at the centerline of the herein described tract at a distance of 37.57 feet, and continuing for a total distance of 75.14 feet to the POINT OF BEGBNNING, and containing 2.9001 acres of land, mare or less. � ,�. � � ��1��-�,...�� � . �`'' � ., s � —.._ _ �.� �d �, Turner, R,P.L.S. Dec. 12, 2012 Sep. 20, 2012 — Field Revised: Sep. 30, 2013 (Address Schedule B ltems) 7.B.P.L.S. Firm 10011601 .��,,. � �� ,� �.4•� � s � �;��.�'�. ��_+��' °�`"��+ �, :,.........r: .rer �. TCbp B. 'NRNER � �.�..48v9..«..�� .. � �` "���� 5 ��°���`� ����� S U �"� �"� Sheet 1of 2 l;I1Y OF DEN70N, TEXAS "° — """"""'" "° "—° °'"` r�tbrr. No, zorz-iaoes6 �i ir LWE BEARING DfSTANCE R.P.R.D.C.'f. ZIMMERER REAL EX�IBIT B --�---__ ...— M�..,,A �. (CAILED 1.9126 ACRE 7RAC[� s'€ECaPE�tTiFti. VS.� N 88 42 18�� W Z%.��}� L1 L� zosx-i, �a�s PztM��nesR��P L� .._ ,. S O446 56``_.w . 162 77•_ ,.___. w_ _. __._�� R.P.RD.C.T ROP R v�. _� w,.._ .....LLy. _... y I rs° waa� oraarnr �ES�ar" t>s.s,; s,�u trr� ".Y • y --- °- ,•-�� '/''^ �RF DoC. No. zooa-saza L3 S 88 42 18 E 75.14' i-�--_��� R�.R.OGC7.JS6a� STAMPSD��?Nd^'" �f R.PR.D.C.T. �..._ .._ _�..._ �.._ _..m,�.. �. ._.. ._ __ �__.� .. � i (aak) wr �xs� e, ���� crsr - POINT OF y�eP 4� POINT OF � � COMMENCING ,�h � BEGINNING �� � r��m t"x"°n°r'-` __�...�, . �� ....._1 �— � S89`49'11"E 342.22i �' �'� i _. ,w N 04'46�56�� i�,�� - ' _ � � _���_�. _ ._ ., .� � _ _ _ � � �`.,.��.. _ J �3�J d-� �'"__. � _v�_� ..._.�34S.2t�.. _�___ ,I '•a-�--=°_`w I T,� ""� I 20 NTDE 5AN ---.-�� � � � c'"*�'Y�� � ie � s�w�R esMr. _� � 6 � �� l�. '� s,�, vac. s4z, �c. �7 N89'49'11 °W 348.20' ' � a � ��'�. �a �.R.D.CT 1 � 1 ; ��ry � 0!7 (rarJ �,r� trr� 6�e� � I I � ��,��;�� �^rr�r s�.mr Arrtt caP � � '`� �" `� ___�,�._..� srnaaPSD rn�' srnupgD °rn^r�µ � 1 4s t ��"��,��" " g'�=� I q �. �, <` � � � �e � � � �4 4 �, g y `i�� � GEESUNG GA55AWAY CWNTY, INC., � i� � kY � F oo� �r F�evc�tils� €;trrp�rat9�n, � � � ' � I q ���a %�, � r�s Crust�a oi tF� G�as�csrvc�y Prup�=ly trusR 0 f } i Q rn b� iJi�. 2pa7���4�d7 �a�' O � �.�, ! � 1 �i I I�.i.fi� �3.G.7. � f � (CA�L�l1 '�l.Gi7�J A7;�� 1RA�7� � s �t����i'�;��� � ' � � � � � ��C3 �' rr ! i o � (������ i� � W � � a t �a� �T���;�11`�� ����:�.�� l� I � � §4 � _ R o z i �ry �� t�x1a'" F��3^'$,� �-� �' i'� i �� (` 100 200 400 --a � �+; t� � ` d- i I - �n wVG�. �'��°�� i �� . `" N --^°°� d� I.�-- r€�,s� ��r s tcsv ��,u r � � : ._.� _ wo • �`s I v�,��. u�� _�. �,�� � (ecArvxer Ens£n+eNrs arFecnNC PROPearr) o ,� o I p n� c. ,v, t __. �� 40M£' StAR CAS COMPAxY � O{ (rflm�l i' I 8R,4Z05 R7VER P�AM,5Mt5510N £LECTBi'(C z�$ ����. cn � lt 4� SCALE: 1" = 200' 10 I COQ°ERA il VE, (NG. � � } VOL. .iJ`�, �6, 397 � LONE SYAR CAS COMPqldY ��°x40 Lti f �� � � � y1 i VQt. 428� PG. 28� � ( �. D, fB.D. C. P. i7�` r, 5n+1',t 1C+N i:�8 t' T' ; tUt 3C��� �G :,�r � �—�— '� t . (POO, fa4 � PO5J �r da D c r . �� 0 0 — �fiJYifl .,Y.«e y �. t i�EtiEND� � � � , N _ ��. �,�.._ _ 7 CALCULATED POINT ' � 20° WtDE 5.4N. k� �� - __ _— _-- — � 5/B" IRS STAMPED TNP 37.50 � -�j seweR esMr, �•( � p p voc. s�z, pc. a»`"" f � CONCRE7E R-O-W MONUMENT i � D.R.D.C,T. � �� 6 f _ (ror) t I x ' O I�C�N ROD FOUND (tl�€�E�S OTHERWISE fi��ii�[] � j g I ¢ 0 6 � J RECORD INFORMATIOhj ' I � �� � � CM CONTROL MONUMENT �� ' d I H� .. � 4 ---m ----�mm--- CENIERLINE ELEC. ESMT. 7r"J.00� -°� � G m - � 15' Wl[7E ��ta�t8`r ����� � Z d ESMT, BOUNDARY � � � �- - � --- - -- ---� ADJACENT PROPERTY LINE � `_ _ - �' �9'4ci`��'�__W � � O� 7J�1J�'� � ,,. -_v.u...., .. Apparent North R 0-W � � ' Llne of Audro Lane � ��...�. __ � _� _ .a. .�.._ �. _ _ ..a . a _ ,� _ _. r—�k-AUDRA L1�1�� _-- , ,� .�_ � .� �. � �°_ r+or�s: -.. _ � � , . kP?L fBE?, �'�,181 ly,� � p�rr�cr. � I ¢ �r�n� I I ¢ � a R LfiWiG Si.i%iP {�Ai A71g FV�'ly � I � RL4t.a� kTV� I CRIt ri9C. (�l@T�lv�lfi{�; f��' �y�jJHh kAN� I. NL4" �s�' Y�1 biGlsNiAY aRAF`5 , n �- -.. m I � � i � zr�'xso° a ruos E-rv��cr Esra � �_ - .. � __ L : Y� ooc. n�rr �.R � c r.raas� '� � .�m.._.. _ �.L (roli FOR TE1T�I.E INSURAN� � NO.W712118EEFFECTFliVE DATE�JULY�I�6RCZp� CUARANTY COMPANY COMMI7MENT `t,, „���� f����� 3 .,�M!" 7riE FOLLONINC S�MEOVIE 8 ITEMS D6 AFFECT THIS TRACT, A5 SFiONFJ: .�y�r,y�^p,��y ���px• ' 101 10rrr tOn an 10p � T39G FUL6f7YAlab ITEiAS Cf9 hi7i A+6:tG Tf11 iti�lCY: AT 97.80' tU' E s��tsm€ axe� �6 k�y easltn� ,��n,�,��say �ar4y� Inc, to Atmoe Enxqy CorpaaUa7 fllod F�ruary 13, 2008, under �� CITY OF DENTON, THXAS ,;�+ ��� ;��s2 � � � � ��j' DOC, N0. 2012-129328 bp�. 33ubur L7rak�� a am ms�E aaedtitMl by Geeallnq Goscaway Caunty, Ina 4o the Gty af 6en4on, Texae med March 27, R.P.R�D�C.T. "Wq�A uirtFr;� C�'� �C9��—�4G°�2, 6t v.Yi ^�.C".7 tiJ{ $il nC vf Hpy £a�g�?i n4 as��aevtntl py Mary Lau FaPlla lo Stata o( Toxae tll� Jonuary 7B, 9858, recordod In Volume (CALI.ED 28,4732 ACRE TRACT7 A A�S l���m �2a U R.q.G�`�" kty�, }f� i}r�lnaqn ���ea�O�rit �mn�;u€u 4�y T eria F Goaflaway ond Jayoe Gareawoy ta lhe Clty of Dentwr, Texas (Aetl Aprll i?g, ai7$a. psr,,:�ngaJ �� ��li±.nr� 13t�7, �aqe... �97� ft,�.R.D.G.T. 6la �t i�= C �rAi�lltiC: �: B�f3117131 a13'�FFCJ�eS�V' Qn �8 �u'd`t§ °.�171� �'I°�� �pr�r�71�t� �V544113. IVOrt � Tttiif5l�s'�at i.�� ` :�� • � V �' �w �� ��.��.� `�..�_ �s��c� B. 7urner, R.P.L.�. �� aec. �z, Zo1z Sep. 20, 2012 - Field Revised: Sep. 30, 2013 (Address Schedule e rtems) T.B.P.L,S, Firm 100�11601 � 0 F �- ,� �. ��� � �G k S 1' C",,r,�` � �r� �.`�- ,�t� •,RSpyTODD�B� TURNERa�9i� ,�.Y.A ...4859 �Po}., � �� '�°�� � � � °�''�:.� � � J�' U={'�v �y`�..-' Situated in the RaB. Longbattom Survey, Abstract 775 City of Denton Denton Count�, Texas �: r � �t ���, .�3vv .,� '"�,. �+ teague nall & perkins � 1517 Csnlee Pfaea De6ve, Suke 520 Danton, Taxac 76205 940.383.4577 ph 94Q.383.8026 Fx www�tnpinc,com ATTACHMENT 1 TO EASEMENT PURCHASE AGREEMENT � 1 � 1' ' � . • ' . ' ' ' � �' ' '• � �• • , �• , � �, , � �• � � � ', � . . , . , � . � � , � � . �, �. . �. �, �, i . �.,1 � , � . � ' 1''' �' ' 1„ „ C ' THE STATE OF TEXAS � �' 1 1' ELECTRIC UTILITY EASEMENT , , , KNOW ALL MEN BY THESE PRESENTS: THAT, Geesling Gassaway County, Inc., a Nevada Corporation, as Trustee of the Gassaway Property Trust (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 (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 2.9001 acres and being more particularly described in Exhibit "A" and illustrated in Exhibit "B" 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 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. GRANTOR, for itself, its 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. GR.ANTOR 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. 2 GR.ANTEE, 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. GR.ANTOR represents and warrants to GRANTEE that as of the execution date hereof, no buildings, structures, si�ns, obstructions or other facilities or improvements of any kind ("LTNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GR.ANTEE shall have the right to prevent the construction of, LJNPERMITTED STRUCTURES 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 their 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. ., �. Geesling Gassaway County, Inc., a Nevada Corporation, as Trustee of the Gassaway Property Trust I:� Capacity; 3 State of Texas County of § This instrument was acknowledged before rne on this day of , 2014, by _� as of Geesling Gassaway County, Inc., a Nevada Corporation, as Trustee of the Gassaway Property Trust on behalf of the said corporation and in the capacity therein stated. 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 Notary Public, State of � My Commission Expires: 4 EXHIBIT "A" LEGAL pESCRIPTION ELECTRIC EASEMENT BEING A 2.9001 ACRE TRACT OF LAND SITUAi'ED IN THE R.B, LONGBOTTOM SURVEY, ABSTRACT 775 AND BEfNG A PORTION OF A CALLED 37.6�0 ACRE TRACT OF LAND DESCRIBED IN A DEED TO GEESLING GASSAWAY COUNTY, INC., A NEVADA CORPORA710N, AS TRUSTEE OF THE GASSAWAY PR�PERTY TRU5T, AS RECORDED IN DOCUMENT NUMBER 2005-50247 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. SAID 2.9001 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod found for 4he southeast corner of a c�lled 1.9126 acre tract o€ land described in a deed to the City of Denton, iexas, a 7exas Home Rule Municipal Corporation as recorded in Document Number 2012-130856 of the Real Property Records of Denton County, 7exas, same lying in the north line of above cited Geesling 4ract; THENCE North 88°42'18" West with the common line between said 1.9126 acre tract and said Geesling tract, a distance of 27.30 feet, to a point for corner at the POtN7 OF BEGINNING for the herein described tract; THENCE over and across said Geesling tract the following 3 courses and distances; South 04°46'56" West, a distance of 162.77 feet to a point for a corner; 5outh 89°49'11" East, a distance of 342.22 feet to a point for a corner; South 00°24'40" West, a distance of 1175.48 feet to a point lying in the south line of said Geesling tract and the north line of a called 26.4732 acre tract of land described in a deed to the City of Denton, Texas, a Texas Home Rule Municipal Corporation, as recorded in Document Number 2012-129326 of the Real Property Records of Denton County, Texas, and being in the approximate centerline of Audra Lane (Variable Width R- 0-1/�, for the southeast corner hereof; THENCE South 89°47'21" West with the common line between said Geesling tract and 26,4732 acre tract, passing a 5/8 inch iran 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 a(ong said line a total distance of 75.00 f2et to a point for the southwest corner hereof; THENCE leaving the common line between aaid Geesling tract and said 26.4i32 acre tract, and over and acrass said Geesling tract the following 3 courses and distences: North Od°24'40" East, a distance of 1100,88 fe2t to a point for a corner; North 89°49'11" West, a distance of 348.20 feet to a point for a corner; North 04°46'S6" East, a dis4ance of 239,4$ feet to a point lying on the common line betw2en said Geesling tract and said 1,9126 acre tract, for the northwest corner hereof; THENCE South 88°42'18" East with said common line between said Geesling tract and said 1.9126 acre tract, passing a 5/8 inch iron rod with cap stamped "TNP" set for reference at the centerfine of the herein described tract at a disiance of 37.57 feet, and continuing for a total distance of 75.14 feet to the POINT OF BEGINNING, and containing 2.9001 acres of land, more orless. 1� �� �� �,.���_�„�`�-�� . _ n.�..._��.'_._—� ��,�_.�e� � . Turner, R.P.L.S. Dec. 12, 2012 Sep. 20, 2012 – Field Revised: Sep. 30, 2013 (Address Schedule B ttems) T.B.P.L.S. Flrm 10011601 �,�:, � � 7' ca .� �� ` 5 i � ��� �,�r,� ,.;� . .,�.. T�0 B.� TUANER rrffaFNf�ri�!Yla xY.�.:s � �.� 4859 �� �� � •�'��.� s � ;��'t�4 ���'.. � t� i��'�'"'� Sheet 1of 2 CITV S',yd' 6�t�39'f?Cd��, l'EXha --.—`"., -,...-` � ..-. � ooe, r�a. za�z-t3oes6 v es n LINE BEARING a�DlSit�N�E R.F'.R.D.C.7. ?Bt�H�f"et�6? �"tf ,AL /� I I� r, . _ �....�,�.... '.,� _ . _.� (G�,LLEB 1.9926 �4CRE 'tf3AGT} ����"���� a, ����° L1 N 88 42 18" W ��", .�0' 1+�8l-t1 rt}�3 ZIMMERER REAL �� ��� ' ' � � I 3 PROae�n�s L LP �-2 S 04 46"56° l� 162.77' �,--_ _ _ ., r� F,rz t�,C,x. i/z" rreF , . . �..�. _m _ � +t �+�zrF ��F,��tr,+ t skrr �n.+:.s��.%tr ��as °��+°�. .- -. —. ooc. No. 2ooa-s4za L.3 S 88 42 1$ E 75.14, I � « �s+R 7�s f?`�i� ?£fiva° 9!'ITfl fs1 �� R.P.R.0.C.T. -,. �. _��,. �.._..,.e-.. ��_ � r E tr C t, !". STRMP�P n�'Y°` �.� �� i� rrta..1 wr s7.sr ,,,,tr�� tRF �'�INT OF ,gF ;�' POINT OF � � COMMENCING ,C�, �.� BEGINN.ING � ry� a,r�m r� �.�� ���� �...z..m.�..� ..m \ � ___� . . N 04'46 56°' �,o . _. _, ' �., _ 589'49 11 E _342 �2� _ i `,` i p � -_______ _�___ ,�-_� ___ � ..,_ __-�° �y ��� 4�" �;� �, � _ a.m _ .. � r_� � .,._��. a�., � !`"_"`�" _ 34S �1. .,.... � G I i � '�;� �, .• 1 '�� �rt,t` �.�ta, --�-✓f �` I � S i � �"a�"��.'�, ie � �eis�r � +�r . _ __ �' 1 � } y� °����,' voc ��,�, nc. a�� N$9'49'11"'a� 348.20' � � ti�' �"`��. �r� r� �. c r. � g 4 `� r� � �(ia> rs,�t� rr�� ��� 5 4 �� '�,�� a iv �rrrr cre� wi�rrr cav � �' j x °•� ���r r�'�� 9TA,HPaO r�vt*" srA�PED "z'Nr� .°_____� u � 1 { �, �"�,��'c�.�* *�,� 8 � \ '. ti;s`..'r u ta � i i 4� A ���-� � y� � GEESUNG GASSAWAY CaJNTY, INC., � � y�y 1 �os � �e�ado Gar�ar�€Ins�� � � ��� � pr� � � 1 �� -a �as 'sru�S�e�s �i thr� Gos�aw�p r�ra�periy tr�s% � `r � { � � Rt�C. F9D. 2t�95-5C24T ?� O � h�� € t 1 �i I �.4�l�.�,C `�. pe,{jS,,�` r � � I r ��"AI�LEi� JI.5Ut3 �G�iE TFiAri� ��'�l��rs" .- � � i S 1 �^ � Q +��� 1�� 1� , rt{�` y W � t h 1 �� O a� ; k ;,LY����t�,�11 � s�'�` , �J � � I, , 3 i �s i �? � � 2'� ��,r�� ���,�s� �. i � o G �� 100 200 400 � ` � i1 ..v � [ f\.� 3 �. . ! � d" � �U �NA%E Cf.F".tll � � � .____ __ �°� �j � ,S �4 s � ', _...-.,�_� 'd' L�.-- FTt'.#At�"a1F9 l�1f t"vMF.y - � I 4�i,. rtASC ���. 5:J �. _ � - � (BLAN1fEi fASEMENTS A�F�C7tNG PR�PERlY) 0 i i p � +) f, �' i: � . _ . �.�, LON€ STAR C.4S COA[PANY p=y �rT�yyi_,5 f °"'�""" �-� ""�"� i 6RA205 RlVER Tr7AMS1.tfS5fON £C�CTRIC z � vr � �t � SCALE: 1" = 200' lo � CbOPERATtVE', ING �.... ���. � r� VQL. 384 PC, 39T CONE SiAR CRS COMPANY �� � y .20 u40' fLEG I 1 V VOL. �1F9, PC. 2&& 4 TRAfJSMfSStON ESMt � � } �: D,R.D.G L c VOL, f087, PG 23t �`'.� P 4. (POQ, rthe � ro..} p.R.@.C.L q '. C � --_. _ _ . _ ___ -__ _ .. _ __ .. ilOnl ta � _ J � �I � � � i _ _ LEGEND � � 4 N � . CALCULA7ED POINT � a,�" y��s S�yN. I, � p„ � _� � 5/B" IRS 57AMPED TNP . 37.50 � -^ry�° w��� ����� �""� � s�c � r'�r � c i. s;�� � O s y � CONCRETE R-O-W MONUMENT � -- � - - �P�`� � zr � O] RECORD DNFORMATI� r����� O T H E R W I S E N�?" P E� B �} Q Q 6 ON � � 1 G � 3 °"""°° CM CONTROL MONUMENT � � p J H J i -- -� --°°—° - CEN7ERLINE ELEC esMT. 75.Od� �-�^' I� m f5° N90E UT7CtiY ESMT. I� � H E S M T. B O U N D A R Y � V 4 t, r� c� a, a�. t 8 t � �� ,�w.... ��. �..m. i ty �r ra c. r. I h �. ¢ � 4 '� - � - .-.- qDJACENT PROPERTY LINE ' I (ppF� � I � d y, � r `,a' �r�`�i�2,�'" Vd i j � k � �° � 75� C�"[1` � I a��c �r�a ��s ��w4 itv�a� X� h6;v6G AN{? vN%AR iHp� ""—.. � I '.;EHiE€961hes� CM' nV�YRn 5��:f96 � l I Apparent North R-O-W � j cG `°`"°"� '{�s�'�v*,`�-�'''"s I 1 4 �^.. � 20'x30� A7Md5 EMERCY ESlaf Llne of Audra Lane ��. .�.m. _�,-- ��� V� n ooc. Ho. ao��-sasez �-._e�._..__ u- � R.a.a,o.c.r b��es: .a . �AUDRA �L�EV� �_�T � - � - � �s : _. P� � �` t�o� ,.� � .�.�. R �'` � THIS EkHIB1T WA5 PREPARE60.�f92998EEFFECI�IVE�A'IE�JULY�t6� 2093 �RAPdTY COMPANY COMMITAENT � pAS5 ��l�E�" IRS �� FOR 11TLE INSURANCk. GF N � TH� iOLLOFNNG 5cHpDVIi B ITEMS DO AFFECT hN5 1RACT, AS SHOYRl� '`-�--� �`1`l1� CAP 901, 9pm, 90n and tOp. '��"�"��''�� ��h AT �i ��r' ikf� it�LL�YAaJt3 IY�VAS fJ I�CJT kFFCCT TriSS FRRuT: hw�. E�q�rnen! qx��im y iia�ex�sr�� �rasc�a�ny {;�wiiti.iy: Inc. to Atmoe Faier9y C�cratlon flled F¢bruaey 93, 200�, undsr C4� 2�qd-�7k842 �' �.�: [7.G i. Ink. s�si4ltC Lisa�n s 4e�rensen! �.v���tat� u�� Ge+ding Gosedway C,ounly, Ine. 9a lhe Gty o1 Den4on, Texoe med Mardr 27, v�pq untl�r C'� �bGG-7G�'�"� � P.H Q�.1:� 14�, �+Ir��rt �f �dy s��en� r�i aaxecufu� ba �ae'y Lou Fallle tv Stato af Texaa tlled January t6, i95B, recardod !n Vo6ums idS �ay�n 22� 51.�.C7:C.Y4. }l�e t7 l?raln�ga E�uc+� rsr4t �xa�� a�r�7 r�y TUmer F Oaeeoway ond Jsy�a Qaatowoy to the Cily of Ds�tan, Texas tnad hprtl 2v,, a�9�4 ra�arJ�rd �n ''�Uiwrrin 1�7, Pa���gv 617. R,F��R.6.GT. pA`,aE.3 �`7F i�S:ARyl9t]; t�,����cl�a � ���`V� �arth��en05ai�ane�ha� �.+��yt s+as�iis, f � . _ .. ■ -; 1 - � I � - • - `• -• 1 � � 1 • ' : � ' �� ~ �'� •�.. �°" :� � ,�; �- T }'�``,,#� � ��'v'sre,�-��..�''� � �,� y,�'� �� ""•?',�,� �Y�#�T6DDjB' TURNERg¢}p� ...,.. . . ,.« , � .a 4859 �p.�' - ��F ��'"E , S ���eC��� � SwU't��l�� � CITY OF DENTON, TEXA5 DOC. N0, 2012-128328 R.R.R.D. G7, (CALLED 28.4732 ACRE TRACT} / 1 ,, � .... ! ' SltUated In ti18 R,B. Longbattom Survey, Abstract 775 City of Denton Denton Count�, Texas � . �, * � � � »l� �'� �. Z in r�N ��' � sw�Er 2 oF 2 t 11 II r f11f `. 1SI7 CsnBPS PIaCe OPIVe, SUka 540 �f Denfon, f�xa� 16405 1 940.3l3,4177 ph 940.383,BOR6 fx www.lnPlnc.com