2015-071ORDINANCE NO. 2015 -071
AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS
( "CITY "), AS BUYER, AND NAHID DINARI, TRUSTEE OF THE JOSEPH AND SORAYA
FLETCHER IRREVOCABLE GIFT TRUST ( "OWNER "), AS SELLER, TO ACQUIRE A
2.353 ACRE PERMANENT EASEMENT AND A 0.008 ACRE TEMPORARY
CONSTRUCTION EASEMENT AND A 0.122 ACRE TEMPORARY CONSTRUCTION
EASEMENT, ALL SITUATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1330,
LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" AND LOCATED GENERALLY EAST
OF I -35E AND NORTH OF SHADY SHORES ROAD ( "PROPERTY INTEREST ") FOR THE
PURCHASE PRICE OF TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS AND
NO CENTS ($275,000.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE
PURCHASE AGREEMENT (THE "AGREEMENT "); AUTHORIZING THE EXPENDITURE
OF FUNDS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ( "City ") made a bona fide offer to Nahid Dinari, Trustee
of the Joseph and Soraya Fletcher Irrevocable Gift Trust ( "Owner ") to purchase the Property
Interest;
WHEREAS, the Owner has made a counteroffer to the offer of the City;
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to same; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf
of the City (i) the Purchase Agreement, between the City and Owner, in the form attached hereto
and made a part hereof as Exhibit "A ", with a purchase price of $275,000.00 and other
consideration, plus costs and expenses, all as prescribed in the Purchase Agreement; and (ii) any
other documents necessary for closing the transaction contemplated by the Purchase Agreement;
and (b) to make expenditures in accordance with the terms of the Purchase Agreement.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 3 day of WdA&4-, , 2015.
CI IS WA � TTS �..,
, MA�,�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: w
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B
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 the day of
2015, between NAHID DINARI As TRUSTEE OF THE JOSEPH AND
SORAYA FLETCHER IRREVOCABLE GIFT TRUST (the "Owner "), and the City of Denton, Texas
("City").
WITNESSETH:
WHEREAS, THE JOSEPH AND SORAYA FLETCHER IRREVOCABLE GIFT TRUST is the Owner of
a tract of land (the "Land ") in the G. Walker Survey, Abstract Number 1330, Denton County,
Texas being affected by the public improvement project called the Teasley to Pockrus
Transmission Line Project ( "Project "); and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
tract of land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
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NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1. At Closing, the Owner shall grant, execute, and deliver to the City both permanent and
temporary construction easements, the scope, location and duration of which are described and
shall be memorialized in an Electric Utility Easement (herein, the "Easement "), the form and
content of which is shall be substantially similar to the Attachment 1 which is attached hereto
and made a part hereof for all purposes as if set forth herein verbatim. The Easement shall grant,
sell and convey a permanent easement in, along, over, upon, under and across the tract of land
being described in Exhibit "A -1" and depicted in Exhibits `B -la" and `B -lb ", attached to the
Easement, and two temporary construction easements in, along, over, upon, under and across the
tract of land, Temporary Construction Easement 1 being described in Exhibit "A -2" and depicted
in Exhibit "B -2 ", and Temporary Construction Easement 2 being described in Exhibit "A -3" and
depicted in Exhibit `B -2 ", also attached to the Easement. As stated in the Easement, the
permanent easement shall be granted for electric utility purposes, and the temporary construction
easements shall be granted for construction purposes, the purpose(s), scope and duration of
which are further set forth and defined in the Easement. The lands described and depicted in the
Exhibits attached to the Easement are collectively referred to herein as the "Easement Lands ".
2. As consideration for the granting of the Easement and other damages (if any) and matters
described herein below, the City shall pay to Owner at Closing the collective, aggregate sum of
TWO HUNDRED SEVENTY -FIVE THOUSAND and no /100 DOLLARS ($275,000.00) as
Total Monetary Compensation.
3. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all - -
compensation due Owner by City related to the Project and purchase of the Easement Lands,
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including without limitation, the purchase price of the easements conveyed, any damage to or
diminution in the value of the remainder of Owner's property caused by, incident to, or related to
the Project, damage to and/or costs of repair, replacement and /or relocation of any
improvements, turf, landscape, vegetation, or any other structure or facility of any kind located
within the Easement Lands related to activities conducted pursuant to the Easement, interference
with Owner's activities on the Easement Lands or other property interests of Owner caused by or
related to the Project and/or activities related to the Easement, whether accruing now or
hereafter, and Owner hereby releases for itself, its heirs, devisees, successors and assigns, City,
its officers, employees, elected officials, agents and contractors from and against any and all
claims they may have now or in the future, related to the herein described matters, events and/or.
damages.
4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525
South Loop 288, Suite #125, Denton, Texas 76205 ( "Title Company "), with said Title Company
acting as escrow agent, on the date which is 60 days after the Effective Date, unless the Owner
and the City mutually agree, in writing, to an earlier or later date ( "Closing Date "). The Owner
shall convey the Easement free and clear of all debts, liens and encumbrances. The Owner shall
assist and support satisfaction of all closing requirements in relation to solicitation of release or
subordination of liens and encumbrances and other curative efforts affecting the Easement, if
necessary in the discretion of the City.
5. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. All other typical customary and standard closing costs
associated with this transaction shall be paid specifically by the _City, except for Owner's
attorney's fees, if any, which shall be paid by Owner.
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6. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement.
7. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of such default and
opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance or termination of
this Agreement.
8. In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as its sole and exclusive remedy, either (i) terminate .this Agreement prior to
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
10. From and after the date of execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any
Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the
Easement Lands after the date of Closing.
11. Any notices prescribed or - allowed hereunder to - Owner- and /or- City= shall--be -in = writing -and, -
except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or
4
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:
OWNER: CITY:
_,........______ City of Denton
-_. _..._.._ Paul Williamson
Real Estate and Capital Support
Phone 901 -A Texas Street
Denton, Texas 76209
Telecopy: (940) 349 -8951
Copies to:
For Owner: For Ci :
Scott W. Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
..._ Denton, Texas 76202
Telecopy: 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= B u erpsun _ l of Denton,- Texas, to Phil Williams, General
_u tn
Manager, Electric Administration of Buyer, or his designee.
5
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity other than the City that might result in the taking of any
portion of the Easement Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
16. If the Closing Date or day of performance of any act required or permitted hereunder falls on
a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case
may be, shall be the next following regular business day.
CITY OF DENTON, TEXAS
By:xl RGf C. CAMPBELL - �...
L
CITY MANAGER
Date:" s .. 2015
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: ` `'1 , 2015
6
APPROVED AS TO LEGAL FORM:
Kelsey, Kelsey & Hickey, PLLC
Richard H. Kelsey
John E. Kelsey
Scott W. Hickey
Attorneys for the City of Denton
BY:
Date: � 2015
Owner:
Nahid Dinari, Trustee of the
Joseph and or. Fletcher .lp- evocable Gift Trust,
a Texas irrevocab in trust
Nahid Dinari, Trustee
Date: a i � ' 2015
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
LIN
Printed Name:
Title:
Contract receipt date: _ .... �, 2015
Rj
ATTACHMENT 1
TO
EASEMENT PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, NAHID DINARI, TRUSTEE OF THE JOSEPH AND SORAYA FLETCHER IRREVOCABLE GIFT
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 and temporary construction easements (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- 2.353 acres and being more particularly described in Exhibit "A-
I" and illustrated in Exhibits "B -la" and "B -lb ", 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.
For the same consideration GRANTOR does hereby grant, bargain, sell and convey unto
GRANTEE temporary workspace or temporary construction easements (the "Temporary Construction
Easements ") on, in, upon, under, over, through and across that certain real property situated in Denton
County, Texas, Temporary Construction Easement 1 being approximately 0.008 acres, and Temporary
Construction Easement 2 being approximately 0. 122 acres, said Temporary Construction Easements
being more particularly described in Exhibits "A -2" and "A -3 ", respectively, and illustrated in Exhibit
"B -2" (the "TEMPORARY CONSTRUCTION EASEMENT PROPERTY ") for the use by
GRANTEE, its agents, employees, contractors, subcontractors, workmen, and representatives only in
connection with and during the original construction of the FACILITIES. GRANTEE, its agents,
employees, contractors, subcontractors, workmen, and representatives shall: 1) have the right of
ingress, egress and regress in, along, upon, under and across said TEMPORARY CONSTRUCTION
EASEMENT PROPERTY for the purpose of access, staging of materials and equipment, construction
and grading activities or any part thereof, and; 2) without the payment of additional consideration,
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have the right to clear and remove from the TEMPORARY CONSTRUCTION EASEMENT
PROPERTY such fences, signage, buildings, vegetation and trees and other obstructions as may now
be found therein. The Temporary Construction Easements shall commence on the date of the
"Contractor Notice to Proceed" to begin construction of the FACILITIES and terminate two (2) years
from such date of the "Contractor Notice to Proceed ".
GRANTOR, for itself, its heirs, devisees, successors and assigns, subject to the terms herein,
expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other purposes that
will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and /or the exercise of
GRANTEE's rights hereunder.
GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all
other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however,
the EASEMENT is nonexclusive as to GRANTOR'S right to use the EASEMENT PROPERTY in
accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as
otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require
GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion
of GRANTEE.
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove trees
as provided herein, together with the right to install gates in existing fences within such EASEMENT
PROPERTY.
GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no
buildings, structures, signs, obstructions or other facilities or improvements of any kind
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( "UNPERMITTED STRUCTURES ") exist on the EASEMENT PROPERTY. GRANTOR shall not
construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED
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 heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
WITNESS THE EXECUTION HEREOF on the day of _ , 2015.
GRANTOR:
Nahid Dinari, Trustee of the
Joseph and Soraya Fletcher Irrevocable Gift Trust,
a Texas irrevocable living trust
Nahid Dinari, Trustee
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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ACKNOWLEDGMENT
STATE OF TEXAS
:Ke= 0 11
This instrument was acknowledged before me on the day of _ .......w.,, 2015,
by Nahid Dinari as Trustee of the Joseph and Soraya Fletcher Irrevocable Living Trust, on behalf
of 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, 2nd Floor
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, State of _
My Commission Expires:
5
EXHIBIT "A" —1
LEGAL DESCRIPTION
ELECTRIC EASEMENT
BEING a 2.353 acre tract of land situated in the G. Walker Survey, Abstract Number 1330, City of Denton, Denton
County, Texas, and being part of a called 7.928 acre tract of land described in a Deed to Nahid Dinari, Trustee of the
Joseph and Soraya Fletcher Irrevocable Gift Trust, as recorded in Document No. 2006 - 119043 of the Real Property
Records of Denton County, Texas, and being more particularly described as follows:
COMMENCING at a TXDOT concrete monument with 3" aluminum disk found in the East line of the above cited
7.928 acre tract and the West line of a called 9.63 acre tract of land described in a Deed to 4984 Partners, Ltd., as
recorded in Document No. 2013 -54868 of the Real Property Records of Denton County, Texas, said point being in
the Northeasterly line of Interstate Highway No. 35E at the most Easterly Northeast corner of a called 0.969 acre
tract of land described in a Deed to the State of Texas, as recorded in Document No. 2012 -9736 of the Real
Property Records of Denton County, Texas;
THENCE North 03 °14'03" East departing the Northeasterly line of said Interstate Highway No. 35E, and continuing
along the common line between said 9.63 acre tract and said 7.928 acre tract, for a distance of 37.15 feet to a point
for corner at the POINT OF BEGINNING for the herein described easement;
THENCE South 43 °34'02" West departing the common line between said 9,63 acre tract and said 7.928 acre tract,
for a distance of 28.06 feet to a point for corner in the Northeasterly line of said Interstate Highway No. 35E;
THENCE North 45 °49'33" West along the Northeasterly line of said Interstate Highway No. 35E, for a distance of
118.87 feet to a TXDOT concrete monument with 3" aluminum disk found for corner;
THENCE North 53 °52'56" West continuing along the Northeasterly line of said Interstate Highway No. 35E, for a
distance of 297.62 feet to a TXDOT concrete monument with 3" aluminum disk found for corner;
THENCE North 56 °48'12" West continuing along the Northeasterly line of said Interstate Highway No. 35E, for a
distance of 251.65 feet to a TXDOT concrete monument with 3" aluminum disk found for corner;
THENCE North 50 °23'51" West continuing along the Northeasterly line of said Interstate Highway No. 35E, for a
distance of 505.20 feet to a TXDOT concrete monument with 3" aluminum disk found for corner in the Northwest line
of the above cited 7.928 acre tract, said point also being in the Southeast line of Lot 1, Block A per the Final Plat of
Lissberger Addition, as recorded in Cabinet H, Page 196 of the Plat Records of Denton County, Texas;
THENCE North 42 °29'26" East along the common line between said 7.928 acre tract and said Lot 1, for a distance
of 76.40 feet to a point for corner;
THENCE South 49 °39'18" East departing the common line between said 7.928 acre tract and said Lot 1, for a
distance of 77.23 feet to a point for corner;
THENCE South 53 °50'43" East for a distance of 1039.73 feet to a point for corner in the common line between said
7.928 acre tract and said 9.63 acre tract;
THENCE South 03 °14'03" West along the common line between said 7.928 acre tract and said 9.63 acre tract, for a
distance of 90.84 feet to the POINT OF BEGINNING, and containing 2.353 acres of land, more or less.
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Todd B, 'I urner, R'..P.L.S. No, 4859 ;ar"
May 1, 2014 .." TOO.�..B.. TURNER .:...
TODD B. TURNER
March 13, 2014 – Field ..,«d.. ............M.�•..
REVISED: February 3, 2015 ( Revised Exhibit ) ":A 4859
T.B.P.L.S. Firm No. 10011601
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EXHIBIT "A" - Z.
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT No. 1
BEING a 0.008 acre tract of land situated in the G. Walker Survey, Abstract Number 1330, City of Denton, Denton
County, Texas, and being part of a called 7.928 acre tract of land described in a Deed to Nahid Dinari, Trustee of the
Joseph and Soraya Fletcher Irrevocable Gift Trust, as recorded in Document No. 2006 - 119043 of the Real Property
Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a TXDOT concrete monument with 3" aluminum disk found in the East line of the above cited 7.928
acre tract and the West line of a called 9.63 acre tract of land described in a Deed to 4984 Partners, Ltd., as
recorded in Document No. 2013- 54868 of the Real Property Records of Denton County, Texas, said point being in
the Northeasterly line of Interstate Highway No. 35E at the most Easterly Northeast corner of a called 0.969 acre
tract of land described in a Deed to the State of Texas, as recorded in Document No. 2012 -9736 of the Real
Property Records of Denton County, Texas;
THENCE North 45 °49'33" West departing the common line between said 9.63 acre tract and said 7.928 acre tract,
and along the Northeasterly line of said Interstate Highway No. 35E, for a distance of 24.04 feet to a point for corner;
THENCE North 43 °34'02" East departing the Northeasterly line of said Interstate Highway No. 35E, for a distance of
28.06 feet to a point for corner in the common line between said 7.928 acre tract and said 9.63 acre tract;
THENCE South 03 014'03" West along the common line between said 7.928 acre tract and said 9.63 acre tract, for a
distance of 37.15 feet to the POINT OF BEGINNING, and containing 0.008 acres of land, more or less.
NOTE: An exhibit of even date herewith accompanies this Legal Description, See Sheet 3.
SHEET 1 OF 3
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Todd B. Turner, R.P.t_.S'. No. 4859
May 1 , 2014:....
.........�...
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March 13, 2014 - Field
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48590,
REVISED: June 12, 2014.*0
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T.B.P.L.S. Firm No. 10011601�sw
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SHEET 1 OF 3
DME13222
EXHIBIT "A" - 3
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT No. 2
BEING a 0.122 acre tract of land situated in the G. Walker Survey, Abstract Number 1330, City of Denton, Denton
County, Texas, and being part of a called 7.928 acre tract of land described in a Deed to Nahid Dinari, Trustee of the
Joseph and Soraya Fletcher Irrevocable Gift Trust, as recorded in Document No. 2006 - 119043 of the Real Property
Records of Denton County, Texas, and being more particularly described as follows:
COMMENCING at a TXDOT concrete monument with 3" aluminum disk found in the East line of the above cited
7.928 acre tract and the West line of a called 9.63 acre tract of land described in a Deed to 4984 Partners, Ltd., as
recorded in Document No. 2013 -54868 of the Real Property Records of Denton County, Texas, said point being in
the Northeasterly line of Interstate Highway No. 35E at the most Easterly Northeast corner of a called 0.969 acre
tract of land described in a Deed to the State of Texas, as recorded in Document No. 2012 -9736 of the Real
Property Records of Denton County, Texas;
THENCE North 03 °14'03" East departing the Northeasterly line of said Interstate Highway No. 35E, and continuing
along the common line between said 9.63 acre tract and said 7.928 acre tract, for a distance of 127.99 feet to a point
for corner at the POINT OF BEGINNING for the herein described easement;
THENCE North 53 °50'43" West departing the common line between said 9.63 acre tract and said 7.928 acre tract,
for a distance of 91.98 feet to a point for corner;
THENCE North 43 °34'02" East for a distance of 100.84 feet to a point for corner;
THENCE South 53 °50'43" East for a distance of 14.22 feet to a point for corner in the common line between said
9.63 acre tract and said 7.928 acre tract;
THENCE South 03 °14'03" West along the common line between said 9.63 acre tract and said 7.928 acre tract, for a
distance of 119.13 feet to the POINT OF BEGINNING, and containing 0.122 acres of land, more or less.
NOTE. An exhibit of even date herewith accompanies this Legal Description. See Sheet 3.
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T j B. TrNrr�er, R.P.L. 0. 4859
May1, 2014 .................. ....s ..
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March 13, 2014 — Field ...... *••....,..... ...IF..
June 12, 2014— Revision Date ww 4859
T.B.P.L.S. Firm No. 10011601k s�.`"
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SHEET 2 OF 3
DME13222
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