2014-185s:\legal\our doeuments\ardinanees\14\burch acquisition ordinance dme.daex
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WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas;
• • • � • � ; �� �.
SECTION l. The Council iinds that a public use and necessity exists, and that the
public welfare and convenience require the acquisition of the Property Interests by the City of
Denton, Texas (the 66City99). The City Council hereby finds and determines that the acquisition
of (a) the Substation Tract, ingress and egress easement, electric utility and communicatian
easement and the temporary construction and access easement are necessary for the public use to
provide expansion, constructian, maintenance, operation, and improvement of electric
transmission and distribution lines, facilities, and structures; and (b) the Pump Station Tract is
necessary for the public use of the Hickory Creek Detention Facility, each to serve the public and
the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, ar his designee, is hereby authorized to make a formal
affer to purchase the Property Interest to (i) the Owner; (ii) any and all of Owner's successars in
interest o the Property Interest; or (iii) any other parties who may awn any interest in the
Property Interests, as may be applicable.
SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Agreement, by and between the City and Owner, or other owners
of the Property Interests, as applicable, in the form attached hereto and made a part hereof as
Exhibit "A99y with a purchase price of $36,000.00 and other consideration, plus costs and
expenses all as prescribed in the Agreement; and (ii) any other documents necessary for closing
the transaction contemplated by the Agreement; and (b) make expenditures in accordance with
the terms of the Agreement.
SECTION 4. The City Manager, or his designee, is directed by certified mail, return
receipt requested, to disclose to Owner, or other owners of the Property Interests, as applicable,
any and all appraisal reports produced or acquired by the City relating specifically to the
Owner's praperty and prepared in the 10 years preceding the date of the offer made by the
Agreement.
SECTION 5. The affer to Owner, or other owners of the Property Interests, as
applicable, shall be made in accordance with all applicable law.
SECTION 6. If any sectian, article, paragraph, sentence, phrase, clause or word in this
ardinance, ar application thereof to any persans or circumstances, is held invalid or
unconstitutional by a caurt af competent jurisdiction, such holding shall not affect the validity of
the remaining portians of this ardinance; the City Council declares that it would have ardained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect,
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
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ATTEST:
JENNIFER WALTER.S, ITY SECRETARY
BY� � � _.�...._
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ANITA BURGESS, �'I�1'�� ATTORNEY
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THIS PURCHASE AGREEMENT (the "Agreement") is dated � �� j�
2014, but effective as of the date provided below, between Burch Family Farm, Ltd., a Texas
limited partnership (referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Burch Family Farm, Ltd., a Texas limited partnership, is the Owner of a tract
of land (the "Land") in the W. Roark Survey, Abstract No. 1087, the J. Severe Survey, Abstract
No, 1164, the B.B.B. & C.R.R. Survey, Abstract No. 196, and the J. W. Withers Survey,
Abstract No. 1343, Denton County, Texas, being affected by the public improvement projects
called (i) the Fort Worth Drive Substation Expansion Project ("Substation Project"); (ii) the Fort
Worth Drive 1830 Tie In Project (the "Distribution Project"); and (iii) the Hickory Creek
Detention Facility Project (the "Pump Station Project"), (the Substation Project, Distribution
Project and the Pump Station Project are collectively referred to herein as the "Projects");
WHER�AS, City is in need of (i) certain fee simple lands, being a part of the Land; (ii) an
ingress arid egress easement; (iii) an electric utility and communication easement; and (iv) a
temporary construction and access easement, being a part of and encumbering the Land, related
to the Projects; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Projects;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (the "Substation Deed"), conveying to the City, subject to the reservations
described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to
that certain Substation Deed, and other interests as prescribed therein (the "Substation Fee
Lands"), the Substation Deed being attached hereto as Attachment 1 and made a part hereof,
related to the Substation Project; (ii) a Special Warranty Deed (the "Pump Station Deed"),
conveying to the City, subject to the reservations described below, the tract of land being
described in Exhibit "A" and depicted in Exhibit "B" to that certain Pump Station Deed, and
other interests as prescribed therein (the "Pump Station Lands") (the Substation Lands and the
Pump Station Lands are collectively referred to herein as the "Fee Lands"), the Pump Station
Deed being attached hereto as Attachment 2 and made a part hereof, related to the Pump Station
Project (the Substation Deed and the Pump Station Deed are collectively referred to herein as the
"Special Warranty Deeds"); (iii) an Ingress and Egress Easement (the "Ingress and Egress
Easement"), in, along, upon, under, over and across the tract of land being described in Exhibit
"A" and depicted in Exhibit "B" to that certain Ingress and Egress Easement, the Ingress and
Egress Easement being attached hereto as Attachment 3 and made a part hereof, for ingress and
egress purposes, as more particularly described therein, related to the Substation Project; (iv) an
electric utility and communication easement (the "Electric Utility and Communication
Easement"), in, along, upon, under, over and across the tract of land being described in Exhibit
"A" a�d depicted in Exhibit "B" to that certain Electric Utility and Communication Easement,
the Electric Utility and Communication Easement being attached hereto as Attachment 4 and
made a part hereof, for Electric Utility and Communication Easement purposes, as more
particularly described therein, related to the Distribution Project; and (v) a temporary
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construction and access easement (the "Temporary Easement"), along, upon, over and across the
tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain
Temporary Construction and Access Easement, the Temporary Easement being attached hereto
as Attachment 5 and made a part hereof, for Temporary Construction and Access Easement
purposes, as more particularly described therein, related to the Distribution Project (all
collectively referred to herein as the "Easement Lands").
The (i) Special Warranty Deeds shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1" and "Attachment 2", respectively; (ii) the Ingress and
Egress Easement shall be in the form and upon the terms as attached hereto and incorporated
herein as "Attachment 3"; (iii) the Electric Utility and Communication Easement shall be in the
form and upon the terms as attached hereto and incorporated herein as "Attachment 4"; and (iv)
the Temporary Construction and Access Easement shall be in the form and upon the terms as
attached hereto and incorporated herein as "Attachment 5" (the Fee Lands and the Easement
Lands are collectively referred to herein as the "Property")
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be produced
frorn the Fee Lands. Owner, its successors and assigns, shall not have the right to use or access the
surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved
oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other
minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands
for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical,
water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other
utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
3
of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent
of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Property to the City, the City shall pay to
Owner at Closing the sum of Thirty Six Thousand and No/100 Dollars ($36,000.00). The monetary
compensation prescribed in this Section 2 is herein referred to as the "Total Monetaxy
Compensation".
3. The Owner shall convey and grant to the City the Property free and clear of all debts, liens and
other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all
closing requirements of the City in relation to solicitation of releases or subordinations of the
Encumbrances and other curative efforts affecting the Property, if necessary in the discretion of the
City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing,
such shall not be a default hereunder, although Owner may otherwise be in default under Section 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptior�s (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. 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 and/or the transactions contemplated by this Agreement, value of, dainage to and/or costs
of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
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other structure or facility of any kind within the Easement Lands, interference with Owner's
activities on the Easement Lands or other property interests of Owner caused by or related to
activities on the Fee Lands related to the Project and/or activities within the scope of the rights
granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for herself,
her heirs, devisees, successors and assigns, the 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.
5. The Closing (herein so called) shall occur in and through the office of Capital Title of Texas -
Urbina, 620 West Hickory Street, Denton, Texas, 76201 ("Title Company"), with said Title
Company acting as escrow agent, on the date which is 90 days after the Effective Date, unless the
Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the
event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shall be the next resulting business day.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
result of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) and City shall pay for those
taxes attributable to the period commencing as of the Closing Date. All other typical, custornary 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.
7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this
Agreement.
E
8.A. 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 default and opportunity to
cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise,
including without limitation, the remedy of specific performance.
B. In the event City 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) terrninate 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 Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the
Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing.
11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly
maintained receptacle for the United States Mail, registered or certified, return receipt requested,
postage prepaid, addressed as follows:
�
C�I�►/�►!Dl'.�
Burch Family Farm, Ltd.
Phone_
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For City:
Larry Collister, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreernent constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreernents between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deeds or Easements.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this
Agreement at any time prior to Closing.
CITY OF DENTON, TEXAS
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GEORGE C. CAMPBELL,
CITY MANAGER
Date: 1C�7 �' � �� , 2014
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ATTEST:
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By: ��
Date: _�e �_�...___.� 2014
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BURCH FAMILY FARM, LTD., a Texas limited partnership
:
Its;
Date:
8
2014
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By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the 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:
Capital Title of Texas
620 West Hickory Street
Denton, Texas 76201
Telephone: (940) 565-1919
Telecopy: (940) 565-1917
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Printed Name:
Title:
Contract receipt date: w_ __ _� , 2014
s:\legal\our documents\contracts\14\burch purchase agreement.doc
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ATTACHMENT 1
TO
PURCHASE AGREEMENT
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STATE OF TEXAS
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SPECIAL WARRANTY DEED
(Substation Deed)
,
,
KNOW ALL MEN BY THESE PR�SENTS:
That BURCH FAMILY FARM, LTD., a Texas limited partnership (herein
called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY
OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A", attached hereto and
made a part hereof for all purposes, and being locaied in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its successors and assigns shall not have the right
to use or access the surface of the Property, in any way, manner or form, in connection
with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without
limitation, use or access of the surface of the Property for the location of any well or drill
sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) all substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 59i S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[specific exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
�
EXECUTED the day of
THE STATE OF TEXAS §
COUNTY OF
�
2014.
BURCH FAMILY FARM LTD., a Texas limited
partnership
By•
Name:
Title:
ACKNOWLEDGMENT
This instrument was acknowledged before me on „�, 2014 by
...-�.
..�.._ ...................... .....w.. _7 ,�.,..,..�„e..... ,.,_
of BURCH FAMILY FARM, LTD,,
a Texas limited partnership, on behalf of said limited partnership,
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
�
Notary Public, State of Texas
My commission expires: ��
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 1.074 acre tract of land situated in the W. Roark Survey, Abstract No. 1087 and the J. Severe
Survey, Abstract No. 1164, Denton County, Texas, and being part of a called 222.275 acre tract of land
described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document Number
2007-110043 of the Real Property Records of Denton County, Texas, and being more particularly
described as follows:
COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'50" East along the South line of said Lot 1, Block A, for a distance of 231.58 feet to
a 5/8 inch iron rod with cap stamped "TNP" set for corner at the Southeast corner of said Lot 1, Block A,
said point being the POINT OF BEGINNING for the herein described tract;
THENCE North 17°30'27" East along the East line of said Lot 1, Block A, for a distance of 226.58 feet to a
1/2 inch iron rod found for corner at the Northeast corner of said Lot 1, Block A;
THENCE North 70°04'07" West along the North line of said Lot 1, Block A, for a distance of 288.06 feet to
a 1/2 inch iron rod found for corner at the Northwest corner of said Lot 1, Block A, said point also being in
the Easterly line of U.S. Highway 377 (a variable width right-of-way);
THENCE North 43°23'16" East along the Easterly line of said U.S. Highway 377, for a distance of 76.31
feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE South 70°04'07" East departing the Easterly line of said U.S. Highway 377, for a distance of
354.82 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE South 17°30'27" West for a distance of 258.76 feet to a 5/8 inch iron rod with cap stamped
"TNP" set for corner;
THENCE South 88°54'50" West for a distance of 105.51 feet to the POINT OF BEGINNING, and
containing 1.074 acres of land, more or less.
Page 1 of 2
ATTACHMENT 2
TO
PURCHASE AGREEMENT
I � �, � 1, R � �.
�. . � � . ,� � ., . � � �
' � � � "' , �, ' �''' �
., . , . . �� . ; �� ' 1 �'
. �.� � � � ��� � � � '' :''
�' � ' 1' ' � '
STATE OF TEXAS
� �' l �
SPECIAL WARRANTY DEED
(Pump Station Deed)
,
,
,
KNOW ALL MEN BY THESE PRESENTS:
That BURCH FAMILY FARM, LTD., a Texas limited partnership (herein
called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY
OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its successors and assigns shall not have the right
to use or access the surface of the Property, in any way, manner or form, in connection
with or related to the reserved oil, gas, and other minerals and/or related to exploration
and/or production of the oil, gas and other minerals reserved herein, including without
limitation, use or access of the surface of the Property for the location of any well or drill
sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tan%s or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, and/or related to the exploration or
production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) al] substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[specific exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
��
EXECUTED the day of
THE STATE OF TEXAS §
COUNTY OF
r�
2014.
BURCH FAMILY FARM LTD., a Texas limited
partnership
By: _
Name:
Title:
ACKNOWLEDGMENT
This instrument was acknowledged before me on _u u �, 2014 by
of BURCH FAIVIILY FARM, LTD.,
- .....�. 5 �..u.�..n.,.. ... u„�,_
a Texas limited partnership, on behalf of said limited partnership.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
� �-
Notary Public, State of Texas
My commission expires: _
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 0.627 acre tract of land situated in the B.B.B. & C. R.R. Co. Survey, Abstract No. 196 and the
J.W. Withers Survey, Abstract No. 1343, Denton County, Texas, and being part of a called 222.275 acre
tract of land described as the First Tract in a Deed to Burch Family Farm, Ltd., as recorded in Document
Number 2007-110043 of the Real Property Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod with cap stamped "McCullah" found for corner in the Westerly line of
the G.C. & S.F. Railroad (a variable width right-of-way), said point being the occupied Northeast corner of
the above cited 222.275 acre tract, said point also being the occupied Southeast corner of a called 37.87
acre tract of land described in a Deed to Connie M. Altemus, as recorded in Volume 901, Page 777 of the
Deed Records of Denton County, Texas;
THENCE South 35°21'14" East along the Easterly line of said 222.275 acre tract and the Westerly line of
said Railroad, for a distance of 794.39 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at
the most Easterly Northeast corner of said 222.275 acre tract, said point also being in the West line of
F.M. Highway No. 1830 (an 80' wide right-of-way also known as Country Club Road);
THENCE South 00°48'32" East along the West line of said F.M. Highway No. 1830, for a distance of
50.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner, from which a 1/2 inch iron rod with
cap stamped "Coleman RPLS 4001" found for reference bears South 00°48'32" East a distance of 440.92
feet;
THENCE North 74°41'47" West departing the West line of said F.M. Highway No. 1830, for a distance of
41.64 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE North 27°14'34" West for a distance of 175.42 feet to a 5/8 inch iron rod with cap stamped
"TNP" set for corner;
THENCE North 35°21'14" West for a distance of 651.04 feet to a 5/8 inch iron rod with cap stamped
"TNP" set for corner in the North line of said 222.275 acre tract and the South line of said 37.87 acre tract,
from which a 1/2 inch iron rod with cap found for an interior corner of said 222.275 acre tract bears North
89°56'57" West a distance of 802.49 feet;
THENCE South 89°56'57" East along the North line of said 222.275 acre tract and the South line of said
37.87 acre tract, for a distance of 36.81 feet to the POINT OF BEGINNING, and containing 0.627 acres of
land, more or less.
CONNIE M. ALTEMUS
CALLED 37.87 AC.
VOL.901 PG.777
D.R.D.C.T.
INGRESStEGRESS ESM7.
DOC. NO. 2003-137250
VbL.9913 PG.747
tn aW,p,R.D.C.T.
c M, snr�a war�r r-�N�
EXHIBIT "B"
�
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n� 5 g�g"��,'��'" � �I�INT OF
��,g�• �'n BEGINNING
�� 1/2 CIFF
!d a,Ai "�CC;1fk.l,tlFf" �
�.��,��..�_—�.��.�.._..�._.�;- -,,,
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20' RIGHT•OF-WAY AND �S+A"I �� �� � ;.,
CRO&STEX DC GATHERING �
COMPANY,JN..
PART (Aj
DOC. NO. 2012-93849
sa.a.R.o.c.r.
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� �,
i�x��
CONNIE M. ALTEMUS
CALLED 12.48 AC.
VOL.901 PG.774 r� x
D.R.D.C.T. r °'c
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SITUATED IN THE
B.B.B. & C. R.R. C0. SURVEY, ABSTRACT NO. 1196 AND
THE J.W. WITHERS SURVEY, ABSTRACT NO. 1343
DENTON COUNTY, TEXAS
� � teague nall & perkins
, ���
i517 Cenlro Ptaca Drlve, S�IIe 3Z0
� Denlon, iexu� 76403
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SNEET 1 OF 1 TNP NO. DEN14117
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PART (B) � E �
DOC. NO. 2092-93849 R.P.R.D.C.T. t 8�
I a
BURCH FAMILY FARM, LTD, g E�
CALLED 1.457 AC. SECOND TR. �� �
DOC. NO. 2007-110043 � � �
R.P.R.D.C.T, t �
APPROX. LOCATION OF ��
20' PERMANENT ESML �. �
CROSSTEX CCNG � �
� TRANSMISSION, LTD. � G I
VQL. 5312, PG. 3937 B
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ATTACHMENT 3
TO
PURCHASE AGREEMENT
� ;� � � � . � , • . . � . �
�' '' � �' '' � �, �'' �� �
.� ., �, �. � � � ��� � :
I' ,' il � ' � '' : ' �' � ' �' , ',
I\ ' ` : ,
INGRESS AND EGRESS EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Burch Family Farm, Ltd., A Texas limited partnership, (GRANTOR), in
consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and
valuable consideration in hand paid by the City of Denton, Texas, (GRANTEE), receipt of
which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the
City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in,
along, upon and across the following described property, owned by GRANTOR and situated in
Denton County, Texas, situated in the J. Severe Survey, Abstract No. 1164, as described in
Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part hereof.
And it is further agreed that the City of Denton, Texas in consideration of the benefits
above set out, may remove from the property above described, such fences, buildings and other
obstructions as may now be found upon said property.
For the purpose of ingress and egress in, along, upon and across said premises, with the
right and privilege at all times of the GRANTEE herein, his or its agents, employees, workmen
and representatives having ingress, egress, and regress in, along, upon and across said premises
or any part thereof.
GRANTEE shall have the right to grade, pave and maintain pavement improvements at
GRANTEE'S discretion within the above described tract, but is under no obligation to do so.
GRANTOR shall have the right to grade, pave and maintain pavement improvements at
GRANTOR's discretion within the above described tract but is under no obligation to do so.
GRANTOR shall not be liable for damages to pavement improvements installed at GRANTEE's
discretion. GRANTEE shall not be liable for damages to pavement improvements installed at
GRANTOR's discretion.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described.
Witness its hand, this day of _ym _____ y, 2014.
, , ; ,�, .
BURCH FAMILY FARM, LTD.
a Texas limited partnership
:
Its:
ACKNOWLEDGMENT
THE STATE�OF TEXAS §
COUNTY OF _ §
This instrument is acknowledged before me, on this day of , m, 2014 by
�
bY � a n, �_. on behalf of Burch Family Farm,
.. �..
Ltd., a Texas limited partnership.
Notary Public, in and for the State of
My Commission Expires: ��
2
Accepted this day of �, 2014 for the City of Denton, Texas
(Resolution No. 91-073). �
:
Paul Williamson
Real Estate & Capital Support Manager
.. �.� . . �
City of Denton
Real Estate and Capital Support
901-A Texas Street, Second Floor
Denton, Texas 76209
EXHIBIT "A"
LEGAL DESCRIPTION
60' WIDE INGRESS & EGRESS EASEMENT
Burch Family Farm Ltd. Tract
BEING a 0.476 acre tract of land situated in the J. Severe Survey, Abstract No. 1164, Denton County,
Texas, and baing part of a called 222.275 acre tract of land described as the First Tract in a Deed to
Burch Family Farm, Ltd., as recorded in Document Number 2007-110043 of the Real Property Records of
Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod
with cap stamped "TNP" set for the Southeast corner of said Lot 1, Block A at a distance of 231.58 feet,
and continuing for a total distance of 337.09 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner;
THENCE South 17°30'27" West for a distance of 63.30 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner;
THENCE South 88°54'S0" West along a line being 60 feet South of and parallel to the South line of said
Lot 1, Block A, for a distance of 321.52 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE North 26°35'12" West for a distance of 66.48 feet to a 5/8 inch iron rod with cap stamped "TNP"
set for corner;
THENCE North 88°54'S0" East for a distance of 33.24 feet to the POINT OF BEGINNING, and containing
0.476 acres of land, more or less.
Page 1 of 2
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ATTACHMENT 4
TO
PURCHASE AGREEMENT
�,, � ; � ,l . � , • •. , � • �
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�' � '� ' , • •
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ELECTRIC UTILITY AND COMMUNICATION EASEMENT
� �
� '! � 1 '�
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT, Burch Family Farm, Ltd., a Texas limited partnership (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
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,
a�td structural components (collectively referred to herein as the "FACILITIES"), in, on, over,
under and across that certain real property situated in the W. Roark Survey, Abstract No. 1087,
Denton County, Texas, being approximately 1.802 acres and being more particularly described
in Exhibit "A", and depicted in Exhibit "B", respectively, each attached hereto and incorporated
into and made a part of 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. GRANTEE,
at GRANTEE'S sole cost and expense, shall have the right to install gates in existing fences
within such EASEMENT PROPERTY.
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.
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 GRANT�E, such
cdnsent 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.
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
("iJNPERMITTED STRUCTURES") exist on the EASEMENT PROPERTY. GRANTOR shall
2
not construct, and GRANTEE shall have the right to prevent the construction of,
IJNPERMITTED 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�rigilt to remove the same and GRANTOR agrees to pay to GRANTEE
the reasonable actual costs of such removal.
The EASEMENT, and all covenants and provisions hereof, shall constitute covenants
running with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and
their respective successors, and assigns. This EASEMENT is subject to the terms of that certain
Purchase Agreement, dated , 2014, by and between GRANTOR and
GRANTEE.
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 as the � day of � , 2014.
Ce�f'.7_�►Y IC�7.�
BURCH FAMILY FARM, LTD.
a Texas limited partnership
:
Its:
3
ACKNOWLEDGMENT
� . ,
�,' � *
This instrument is acknowledged before me, on this day of �_ „ 2014 by
�
bY � ,� on behalf of Burch Family Farm,
_ .�.,.. -� �
Ltd., a Texas limited partnership.
m�n W_ �_.. .ma.. �_ �.�
Notary Public, in and for the State of
My Commission Expires: _�
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
4
EXHIBIT "A"
LEGAL DESCRIPTION
ELECTRIC EASEMENT
eurch Family Farm, Lfd. Tract
BEING a 1.802 acre tract of land situated in the W. Roark Survey, Abstract No. 1087, Denton County,
Texas, and being part of a called 222.275 acre tract of land described as the First Tract in a Deed to
Burch Family Farm, Ltd., as recorded in Document Number 2007-110043 of the Real Property Records of
Denton County, Texas, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod
with cap stamped "TNP" set for the Southeast corner of said Lot 1, Block A at a distance of 231.58 feet,
and continuing for a total distance of 337.08 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner;
THENCE North 17°30'27" East along a line being 100 feet East of and parallel to the East line of said Lot
1, Block A, for a distance of 81.73 feet to the POINT OF BEGINNING for the herein described tract;
THENCE North 17°30'27" East continuing along said line being 100 feet East of and parallel to the East
line of said Lot 1, Block A, for a distance of 36.85 to a point for corner;
THENCE North 89°17'42" East for a distance of 1322.97 feet to a point for corner at an angle point;
THENCE North 73°00'14" East for a distance of 910.20 feet to a point for corner at an angle point;
THENCE South 89°26'11" East for a distance of 4.61 feet to a point for corner in the most Northerly East
line of the above cited 222.275 acre tract, said point also being in the West line of a called 37.87 acre
tract of land described in a Deed to Connie M. Altemus, as recorded in Volume 901, Page 777 of the
Deed Records of Denton County, Texas;
THENCE South 00°44'19" East along the most Northerly East line of said 222.275 acre tract and the
West line of said 37.87 acre tract, for a distance of 35.01 feet to a 1/2" square pipe found for corner at an
ell corner of said 222.275 acre tract and the Southwest corner of said 37.87 acre tract;
THENCE South 73°00'14" West for a distance of 909.80 feet to a point for corner at an angle point;
THENCE South 89°17'42" West for a distance of 1339.50 feet to the POINT OF BEGINNING, and
containing 1.802 acres of land, more or less. •
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ATTACHMENT 5
TO
PURCHASE AGREEMENT
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
7'HE STATE OF TEXAS, §
§ KNOW ALL MEN BY TH�SE PRESENTS:
COUNTY OF DENTON §
THAT Burch Family Farm, Ltd., a Texas limited partnership, (Grantor) of
Denton County, Texas, in consideration of the sum of Ten Dollars and No Cents ($10.00)
and other good and valuable consideration in hand paid by the City of Denton, Texas,
(Grantee), receipt of which is hereby acknowledged, does by these presents grant,
bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use,
liberty and privilege of the passage along, upon and across the following described
property, owned by Grantor and situated in Denton County, Texas, situated in the W.
Roark Survey, Abstract No. 1087, as described in Exhibit "A" and illustrated in Exhibit
"B" attached hereto and made a part hereof.
1 ' � '
. .;
1' !� ' • ' ' � �
And it is further agreed that the City of Denton, Texas in consideration of the
benefits above set out, may remove frotn the property above described, such fences,
buildings and other obstructions as may now be found upon said property.
For the purpose of access and construction activities in, along, upon and across
said premises. The City of Denton, its agents, employees, workmen and representative
shall have ingress, egress, and regress in, along upon and across said premises for the
purpose of access and construction activities or any part thereof. The terms of this grant -
shall expire 1 year from the date of execution.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for
the purposes aforesaid the premises above described.
Witness our hands, this the day of _ , 2014.
.. �.
Burch Family Farm, Ltd.
a Texas limited partnership
:
Its:
�' �
. � *
� � ,
This instrument is acknowledged before me; on this day of
, 2014 by .._.�
m.�___. �.._— ._M.. � �...
on behalf of Burch Family Farm, Ltd., a Texas limited partnership
Notary Public in and for
State of Texas
Accepted this � day of _a 2014 for the City of Denton, Texas
(Resolution No. 91-073).
By•
Paul Williamson
Real Estate and Capital Support Manager
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Burch Family Farm, Ltd. Tract
BEING a 1.793 acre tract of land situated in the W. Roark Survey, Abstract No. 1087, Denton County,
7exas, and being part of a called 222.275 acre tract of land described as the First Tract in a Deed to
Burch Family Farm, Ltd., as recorded in Document Number 2007-110043 of the Real Property Records of
Denton County, Texas, and being more parEicularly described as follows:
COMMENCING at a 1/2 inch iron rod found for the Southwest corner of Lot 1, Block A of Fort Worth Drive
Substation Addition, as recorded in Cabinet Y, Page 300 of the Plat Records of Denton County, Texas;
THENCE North 88°54'50" East along the South line of said Lot 1, Block A, passing a 5/8 inch iron rod
with cap stamped 'TNP set for the Southeast corner of said Lot 1, Block A at a distance of 231.58 feet,
� ��
and continuing for a total distance of 337.08 feet to a 5/8 inch iron rod with cap stamped "TNP" set for
corner;
7HENCE North 17°30'27" East along a line being 100 feet East of and parallel to the East line of said Lot
1, Block A, for a distance of 118.64 feet to the POINT OF BEGINNING for the herein described tract;;
THENCE North 17°30'27" East for a distance of 36.85 feet to a point for corner;
THENCE North 89°17'42" East for a distance of 1306.45 feet to a point for corner at an angle point;
THENCE North 73°00'14" East for a distance of 910.59 feet to a point for corner at an angle point;
THENCE South 89 26 11 East for a distance of 9.22 feet to a point for corner in the most Northerly East
line of the above cited 222.275 acre tract, said point also being in the West line of a called 37.87 acre
0
tract of land described in a Deed to Connie M. Altemus, as recorded in Volume 901, Page 777 of the
Deed Records of Denton County, Texas;
THENCE �outh 00°44'19" East along the most Northerly East line of said 222.275 acre tract and the
West line of said 37.87 acre tract, for a distance of 35.01 feet to a point for corner, from which a 1/2"
square pipe found at an ell corner of said 222.275 acre tract and the Southwest corner of said 37.87 acre
tract bears South 00°44'19" East a distance of 35.01 feet;
7HENCE North 89°26'11" West departing the most Northerly East line of said 222.275 acre tract and the
West line of said 37.87 acre tract, for a distance of 4.61 feet to a point for corner at an angle point;
THENCE South 73°00'14" West for a distance of 910.20 feet to a point for corner at an angle point;
THENCE South 89°17'42" West for a distance of 1322.97 feet to the POIN7 OF BEGINNBNG, and
containing 1.793 acres af land, more or less.
Page 1 of 4
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