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2014-174ORDINANCE NO. 2014-174 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A COUNTEROFFER FROM KIM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING TRUST, FOR THE PURCHASE BY THE CITY OF AN ELECTRIC UTILITY EASEMENT ENCUMBERING A 0.8052 ACRE TRACT OF LAND BE1NG GENERALLY SITUATED 1N THE DANIEL D. CULP SURVEY, ABSTRACT NO. 287, 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 FOR THE PRICE OF ONE HUNDRED NINETY-SIX THOUSAND, ONE HUNDRED EIGHTY-SEVEN DOLLARS AND 44/100 ($196,187.44); 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 0.8052 acre electric utility easement on property owned by Kim Property Revocable Living Trust ("Owner") for the DME Expansion Projects ("Property Interest"); the Property Interest is generally situated in the Daniel D. Culp Survey, Abstract No. 287, 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 One Hundred Ninety-Six Thousand, One Hundred Eighty-Seven Dollars and 44/100 ($196,187.44). 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 ,�"� .°"a day of u_�,,!��"�'`�'�� u;,, __, 2014, � �'� , .� � j � �� r� �� r�� ..r ��{� . _ __ CHRIS WATTS, MAYOR 2 ATTEST: JENNIFER WALTERS, CITY SECRETARY I: �P��V��3 �i'��i'C� LEGAL FORM: �'�l"�II �1 BURGESS, CITY ATTORNEY B ` Y' Easement Purchase Agreement Qi� 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 (6fAgreement") is dated `/,L/� l'% , 2014, between Kim Property Revocable Living Trust, a Texas revocable living trust (the "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Kim Property Revocable Living Trust, a Texas revocable living trust is the Owner of a tract of land (the "Land") in the Daniel D. Culp Survey, Abstract No. 287, 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 1'and 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 an easement in, along, over, upon, under and across the tract of land bein� 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 ONE HLJNDRED NINETY-SIX THOUSAND, ONE HUNDRED EIGHTY-SEVEN and 44/ 100 DOLLARS ($196,187.44) 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 heirs, devisees, successors and assigns, City, it's officers, employees, elected officials, agents and contractors from and against any and all claims they may have now or in the future, related to the herein described matters, events and/or damages. 2 4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525 �c�� a�� ?88, S��ite �� T��ntt�l�t, T`��s i��fl� �eE-["�tic C'�a��-��rz�„�4 �viif� ��ici '�f`itle �:`c��p�ti�y 4�c�in� �€� �:�c�i��a ��t:, t�c� t�� i��l�: r�vk�i�;l� 'r� ��z�� it�;r• th� 6.t��tir�°� L��te, �anlc:s� kl�� f3�v��e�• 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 3 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 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 certified, return receipt requested, postage prepaid, addressed as follows: C� ./i� CITY: � �� ' City of Denton � � � �� Paul Williamson � �� '� ' eal Estate and Capital Support Phone ��W 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 4 Copies to: For Owner: � �,I � �t P#� �� ,� ��.'� " 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 � 1 1 � �� ,P-�� _�� " p ,� . , ,.« ,��, � �.. �,-� , ..-- , y� �M� B , .� �..��..m �,.�� _ . �.. � cEORCE c. � �,�r��,�,, �:� � ►� � r_�.r�e�� Date: - !_ __GL- � �� , 2014 /1��Y-M xc� ,�� II{ryl��l�'4�'�1.�'�'��g CITY SEC TARY BY� �� , � L7�� ...��.� � �' � . 2014 , �,;. � ; � . � � • �_ �, �, ��.��.��-��i� �� . BY: e.... � Date; �� , 2014 � The Kim Property Revocable Living Trust, a Texas revocable living trust By: , Trustee Date: � w $ 2014 • � � • 1', iJ � ' '� il 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. ��; �,,, `� � : ()�tac��° � .;��_-, �C'vi-y � 1 ��. , . � ��. ; .. ,. 1 � �7 � 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 Telzphone: (940) 381-1006 Telecopy: (940) 898-0121 I� Printed Name: Title. Contract receipt date: , 2014 EXHIBIT "A" LEGAL DESCRIPTION ELECTRIC EASEMENT BEING A 0.8052 ACRE TRACT OF LAND SITUATED IN THE DANIEL D. CULP SURVEY, ABSTRACT NUMBER 287, DENTON COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO KIM PROPERTY REVOCABI.E LIVING TRUST, A TEXAS REVOCABLE LIVING TRUST, AS RECORDED IN DOCUMENT NUMBER 2008-32710 OF TME REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND SAID 0.8052 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "CARTER & BURGESS" found for the Southeast corner of said Kim tract, and being in the West right-of-way line of North Loop 28$ (a variable width right-of-way), and also being the most Northerly Northeast comer of a tract of land described in a Deed to Edward F. Wolski, as recorded in Document Number 2005-16351 of the Real Property Records of Denton County, Texas; THENCE N 88°33'49" W with the common line of said Kim and Wolski tracts, a distance of 49.27 feet ta the POINT OF BEGINNING, and being the Southeast corner of the herein described tract; THENCE N 88°33'49" W continuing along said 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 57.41 feet, and continuing along said line for a total distance of 114.81 feet to a point for corner at the Southwest corner hereof; THENCE N 47°46'42" W departing said common line, and over and across said Kim tract, a distance of 431.37 feet to a point for corner at the Northwest corner hereof and being in the Northwest line of said Kim tract and a Southeasterly line of a called 6.724 acre tract of land described in a Deed to the State of Texas, as recorded in Volume 1048, Page 196 of the Deed Records of Denton County, Texas; THENCE N 42°06'15" E with the common line of said Kim tract and State of Texas tract, 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 for a total distance of 42.03 feet to a concrete right-of-way monument found for an angle point hereof; THENCE N 87°06'44" E with the Northerly line of said Kim tract and a Southerly (ine of said State of Texas tract, a distance of 46.54 feet to a point for the Northeast corner hereof, from which a concrete right-of-way monument found for the Northeast comer of said Kim tract bears N 87°06'44" E a distance of 52.75 feet; THENCE S 47°46'42" E over and across said Kim tract, a distance of 485.55 feet to the POINT OF BEGINNING, and containing 0.8052 acres of land, more or less. r� f t � '"� if r �. _ _. -"'� ��__wv_..�. ��....,�,..=w... ic��" . urn�r, R.P.I�.S. December 12, 2012 REVISED: October 11, 2013 Sep. 20, 2072 — Field T.B.P.L.S. Firm No. 10011601 +�,��;»�� r �°,� "• :q.� � �� .. �: ..s �. TODD�B, 7URNER ..�.,.�.�.�,r.....�.��..t�,.. ..�a 4858 ,� �� s s �,� �� S U F�`� C,�'*I� 13 14 / � � a`°` ,,.., ., � ;��"�.r� EXHIB�T uBu � ��1�� ,. ` ��,.r�' � � � �'�i�� .. r3 a �� `�{�Y}ti �;'� �. �' � -y��k ��.� � �� §:\��i`-� � �r:.,y�t,`�y .r3� � � �� , �� '�, ` . �> r ° '�� °�``� CONC E ROA ��` �\\�� ` MONUMENT '"�, ; � t ,�''�.° 5/6" IRS AI7'H CAP F`�� '.� Cpd'a!C}�ET�" R!�]R` � STAMPED TNP°"`�` � ♦ �9°t�ihlt�t�t�'N�" �� `' L3 `"� L.y� ��s S7ATE OF TEXAS �V`� �� `� �� VOL. 1048, PG. 196 �`'�� ' �� `"� �,...�-- R.P.R.D.C.T. � ' . ,� (CALLED 6.724 ACRE TRACT) ,✓'`� � �� . /� ""~� coNCrtErE rro� �orvu�rE�vT Gk�..,.- �. � � . _� � � 5/a °` CIRF °cASrES�arrscESS°° a/e°' rxs rrrx cap srAnrp�D "rn�p" .-''' �e�, ``'� �° > �, � � ' '� '��'� ��yf � � �°�� °~'' �' * �' �;'� '"��.. ��+�`�.. `�� KIM PROPERTY REVOCABLE LIVING TRUST DOC. NO. 200&32710 R.P.R.D.C,T. (TRACT 1) N 88°33°49'° W � 579.�J6` � _ EDWARD F. WOLSKI DOC. N0. 2005-16351 R.P.R.D.C.T. (CALLED 111.64 ACRE TRACT) LINE � BEARING dISTANCE .. ��.._...� L1 N 88'33'49" W 49.27' .. �__ L2 N 42'06'15° E 42.03' L3 N 87'06'44" E 46.54' ��.,...._ . L4 N $7'06'44" E 52.75' NOTES: 1. This Exhibit wea prepared wlth beneflt of that certaln TIGe Commihnent, GF No. 111794, having an effective date of Auguat 18, 2013, provided by Title Resources Guaranty Company. �` �`��N �� . �'�� 5/e" res �rrx cnP STAMPED "�^��°' �� 0 60 100 2. The following items from Schedule B of safd T1Ue Commitment do not afFect this tract: -�� (10e) Volume 685, Page 443 (10� Volume 1006, Page 613, asslened ln CC �ts5-R0o16s44, SCALE T' = 100' 3. Bea�ings are based on the Texas State Plane Coondlnate System, North Ceniral Zone (NAD93), ` �� f� � ,,� �'-� � �:°' �,I�y,.�` �. 4 ., �r��°�-�.�u.. Tt�r ��; i�. -�urner, i�,F�.L..�. Dec. 12, 2012 REVISED: Oct. 11, 2013 (Addressed Schedule B Items) Sep .20, 2012 — Field T.B.P.L.S. Firm 10011601 1 �� ;� �R��`� y� ._�. �`a �] d TODD B TURNER � µs��ry.m........�w, .. .,y... f ;� 4859 ., �, �,� ��, � �'��s$s��' ��-, `�-."'��''� S U�}�t � �`� \ 20° WIDE R-O-W AGREEMENT FOR a�cyr cAS PrPECONf coRa. VOL. 685. PC. 443 Anao zo° wroe esMr. t�oR oECarr cas PiPEUtvE coR�. VOL. 1006, PG. 613 D.R. D. C. T. AND 20' ESMT. FOR R-O-W ASSlGNED TO LONE STAR GAS COMPANY DOC N0. 95-16944 (IOe & 10i) �'" �� r'fJN�"��7�' Iaf�P1' �dL7rYiF,�f.E`iN7" � � ` C9A � � "�,. , � ` � ", � � "` ��r�" crrr,� � , `` . `� "`cr�r��er��fr��ss� �'' �s� �` � PC31htlT C�F ��,, , t�LJMM��i��NC� ---..�, .� � r-..� .a '"� ., ``� � a `*,';,y _. . � N +��°��'��g�W �V� �.yti,^�. . 11 d.81' `�.; � * POINT OF � BEGINNING ' l k U�,e�� CALCULATED POINT � 5/B" IRS STAMPED TNP OO FENCE POST FOUND O��i�F� ROD FOUND �UN9.ESS OTHERWISE FS��Ei7 ' [ �'�ECORO iriFORUA�noN � .... _. CIA 'CONTROI, MONUMENT ------ °_ ° ° - °-- CENTERUNE ELEC. E3MT. . �m. EASEMENT BWNDARY �°• - a mm--�- - ADJACENT pR6PERTY LINE _�. _ - °�° - - RIGHT-OF-WAY LINE � � � � � �1 �'-� - Daniel D, Culp City Denton JOB N0. dME13Z22 Survey, Abstract 287 of Denton County, Texas SHEET 2 OF 2 teague nall & perkins � 'a"a w,w,w�e�o wm.w r.�.7a2oo ,��awin'n .ats.ro�sfx �. M.�� . . � � � �; . � ,. .,, � . � � , � �. , , �. , �'; � � �. i� . � `i r � r � � rs , ' • !: ,'!' � , r a ,; � ' � , � � , � �, , r ,, � I � � , � ,,, � � � � � � � � �'! � � ' It � . � . , � � � � THAT, KIM PROPERTY REVOCABLE LIVING TRUST, a Texas revocable living 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 0.8052 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. GR.ANTOR 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. GR.ANTOR, 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 enjoyrnent 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 tq GRANTEE that as of the execution date hereof, no buildings, structures, signs, obstructions or other facilities or improvements of any kind ("LJNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall not construct, and GRANTEE 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 GR.ANTOR 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 heirs, devisees, successors, and assigns. TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and assigns, forever, and GR.ANTOR 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. , . �; ,, THE KIM PROPERTY REVOCABLE LIVING TRUST, a Texas revocable living trust By: , Trustee 3 State of Texas County of This instrument was acknowledged before me on this . day of 4 2014, ..�... by as Trustee of THE KIM PROPERTY REVOCABLE LIVING TRUST, a Texas revocable living trust on behalf of the said trust 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 DESCRIPTION ELECTRIC EASEMENT BEING A 0.8052 ACRE TRACT OF LAND SITUAT�D IN THE DANIEL D. CULP SURVEY, ABSTRACT NUMBER 287, DENTON COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO KIM PROPERTY REVOCABLE LIVING TRUST, A TEXAS REVOCABLE LIVING TRUST, AS RECORDED IN DOCUMENT NUMBER 2008-32710 QF TME REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND SAID 0.8052 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with cap stamped "CARTER & BURGESS" found for the Southeast corner of said Kim tract, and being in the West right-of-way line of North Loop 288 (a variable width right-of-way), and also being the most Northerly Northeast comer of a tract of land described in a Deed to Edward F. Wolski, as recorded in Document Number 2005-16351 of the Real Property Records of Denton County, Texas; THENCE N 88°33'49" W with the common line of said Kim and Wolski tracts, a distance of 49.27 feet to the POINT OF BEGINNING, and being the Southeast corner of the herein described tract; THENCE N 88°33'49" W continuing along said 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 57.41 fee1, and continuing along said line for a total distance of 114.81 feet to a point for corner at the Southwest corner hereof; THENCE N 47°46'42" W departing said common line, and over and across said Kim tract, a distance of 431.37 feet to a point for corner at the Northwest corner hereof and being in the Northwest line of said Kim tract and a Southeasterly line of a called 6.724 acre tract of land described in a Deed to the State of Texas, as recorded in Volume 1048, Page 196 of the Deed Records of Denton County, Texas; TMENCE N 42°06'15" E with the common line of said Kim tract and State of Texas tract, 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 for a total distance of 42.03 feet to a concrete right-of-way monument found for an angle point hereof; THENCE N 87°06'�44" E with the Northerly line of said Kim tract and a Southerly line of said State of Texas tract, a distance of 46.54 feet to a point for the Northeast comer hereof, from which a concrete right-of-way monument found for the Northeast comer of said Kim tract bears N 87°06'44" E a distance of 52.75 feet; THENCE S 47°46'42" E over and across said Kim tract, a distance of485.55 feet to the POINT OF BEGINNING, and containing 0.8052 acres of land, more or less. f� F �* � ,� ` j __-_, "�` �' �� '� � �t'��- '� .��`�-Y � . Tcaci� ':� t�rr��r, R P.L.S. December 12, 2012 REVISED: Octaber 11, 2013 Sep. 20, 2012 — Field 7.B.P.L.S. Finn No. 10011601 ��.�� ,��,��T�1�^F"�"� � r�7; �' .ti± �. : �,a� d. �TODD�B.�lURNER ..,� �,.6.4859.,. �..�.. , � � � � � °�� ;° s�`� �� Si�£�'��'� SHEET 1 OF 2 13 14 � � ��-;��;� H I IT �� ,��r� }}�� ,;� s� ��i��7,i fPl� a . �{�J`-� �,`�Ck n � / ��-,�� 5 �"�� y � � �� t�� ` ��,�"� ; `°�° ��f�, � , r� � t,�,`�� ,. L ,, � ,, � .��r ,� °� �� I CONCRETE ROA' �` �� r MONUd4ENT y'" >, � � \ �� S/B" IRS H CAP �''�, �� CCd�G'I%E"1'E fdit7l� "'�"°� STAMPED TNP••°�' � �� h1UlVila�'�IY7" � � � `t,�, L3 ''°� La. c�r lSTA7E OF TEXAS ,�� ''� �� VOL. 1048, PG. 196 ��' X` . `� ,,� s/e'° r�s �rx caP fi�" -�'�� STAMPBD "TNP" R.P.R.D,C.T. ' �\ .-�'; 1 (CALLED 6,724 `� �`�� ACRE TRACT) � �' �� , mS' .4 ` � / � �"'� CoNCRETE RDA 1KONUMENT i:� _ _ 5/8" CIRF "canrcR�aUncESS^ � �� t �, i� ��, ,, �` �� '�e. �� , . ;� � `� KIM PROPERTY REVOCABLE LIVING TRUST DOC. NO. 2008-32710 R.P.R.D.C.T. (TRACT 1) 4^ N 88°33°k9'° W' S79.96° Y� EDWARD F. WOLSKI DOC. N0. 2005-16351 R.P.R.D.C.T. (CALLED 111.64 ACRE TRACT) LINE BEARING DISTANCE ..__.. _ ._ Li N 8833'49" W' 49.27' L2 N 42'06'15"' E.� 42.03' L3 N 87'06'44" E � 46.54' _.._ _�. L4 N 87'06'44" E 52.75' NOTES: 1. This ExhIb14 wes prepered with benefit of that certain Tltle Commitment, GF No. 111794, having an effecHve dale of August 1 S, 2013, provlded by Title Resources Guaranty Company. ,,�i` � �c� ��'r ��°a i� �7Z`g s/e" rRS rrrrx cAp srAMPeD ~z°�� °. y�y � �, �� Q 60' 100' � 2. The following items from Schedule B oF safd TiUe Commltment do not afFecl this tract: ._._e (10e) Volume 685, Page 443 (10� Volume 1006, Page 613, assl8ned In CC #95-R0016944. �. ' = 1 3. Bearings are based on the Texas Stata Plane Coondlnate System, North Cenhal Zone (NAD83). r • %" � - � • � �.. -� -. - : - -� ! # -,c i. . � .. � � • /�� '�. ,�� C? �". � � I��,�G}srERF�.�� 7s, � � : �� Y�TODD~B.f iURNER ��p� �; p ..•4859 �,a . f��y��' �� . ``� -.�`�-�� s u � `� �� zo° wroe R-o-w AcReEMeNr FoR Decatr cns PrPEUrve coRP. voc. es5. Pc. a�3 AND 20' W1DE ESMr FOR DELHP GAS POPEL(NE CORP. VOL. J006, PG. 613 D. R. D. C. T. AND zo° esMr. FoR R-o- w AssrcNEo TO LONE STAR GAS COMPANY DOC. N0. 95-76944 (roe & tor) „� ° CONCRETE RON � `'� MONUMENT � �� CM � � � ♦ �` � , � �'` < � �� ` , ' �. \ ��,",�" t: t��k `y ``.�G;�l�"�'Fsf#.iFJ�T��F��',� � °> �CJf�l7[�f= f"s �.� �,� �`\\ �t�Miu��N��N� _ �s.. . ta � , ,� � `-__-_.� - w-. \ �, ., � N �8°��"4�'" W � �� :�t �;r„ 114.81' �. `,� POINT OF '" ; BEGINNING 4� � � � � �� V � -� ' Daniel D. Culp City Denton JOB N0. QME13222 Survey, Abstract 287 of Denton County, Texas SNEET 2 OF 2 teague nall & perkins ` �si�une.r�.odw,wn.aao [ o.Ab�, r.�. �a�os � 940.9i3A177ph Pi0.9/B.iNkBla www.mpine.san