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2015-210ORDINANCE NO. 2Q15-210 AN ORDINANCE AUTHURIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN EASEMENT GRANT AND ABANDONMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF DENTON ("CITY") AND DENTON WEST JO1NT VENTURE ("OWNER") PROVIDING FOR (A) AN EASEMENT TO THE CITY FOR LIFT STATION PURPOSES, ENCUMBERING 0.127 ACRE TRACT, (B) AN EASEMENT TO THE CITY FOR 1NGRESS AND EGRESS PURPOSES, ENCUMBERING A 0.052 ACRE TRACT, (C) A STREET RIGHT-OF-WAY DEED TO CITY FOR A 0.333 ACRE TRACT, AND (D) THE ABANDONMENT BY THE CITY OF (1) THAT CERTAIN SANITARY SEWER EASEMENT, FROM M. K. BUCHANAN TO THE CITY, RECORDED 1N VOLUME 645, PAGE 79, DEED RECORDS, DENTON COUNTY, TEXAS, AND (2) THAT CERTAIN PUBLIC UTILITY EASEMENT, FROM M. K. BUCHANAN TO THE CITY, RECORDED 1N VOLUME 626, PAGE 123, DEED RECORDS, DENTON COUNTY, TEXAS; (COLLECTIVELY, THE "ABANDONMENT TRACTS"), ALL TRACTS DESCRIBED HEREIN ARE SITUATED IN THE JEREMIAH FISHER SURVEY, ABSTRACT N0. 421, DENTON COUNTY, TEXAS AND BE1NG GENERALLY LOCATED AT THE 2200 BLOCK, EAST RYAN RD.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (DENTON WEST LIFT STATION UPGRADE) THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The City Manager, or his designee, is authorized to execute on behalf of the City the Easement Grant and Abandonment Agreement (the "Agreement") between the City and Owner, in the form as attached as Exhibit "A" and made a part hereof. SECTION 2. The City Manager, or his designee, is authorized to execute, for and on behalf of the City of Denton, any and all documents related to closing the transactions contemplated by the Agreement, including without limitation the documents attached to the Agreement. SECTION 3. 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 4. This ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY � s� � � �.rv ��. BY.� m � ..... �� w� �— � � �„� APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY � �� d �� : BY: �� , � � �_ � ..� � � 2 I day of _ � 2015,� � I � � �......._.�w.� ....................... .........._......�:.:..............................................................� CHRIS WATTS, MAYOR . � , . 1 , � . I 1 . . This Easement Grant and Abandonment Agreement (the "AGREEMENT") is dated ��mm� � �m � �`� � �, 2015 between DENTON WEST JOINT VENTU , ("O ER"}, and the City of Denton, Texas ("CITY"). . � � ' • ! •' � ' , � . � , . # .� � •,- r- .-� . . � 1-•� � . - �� . � .. . . � �.� �. � � , � . .., � �.• ' - � � � i- � s - , ..;•• •' �- + , , ,� �r - r � � � . . � � . � .� . �. #, . ,* .�• "�' . , ..� • . • . 1 . . ., . . � � , * � �� , � . . . 1 1 . . �, . . � . - , � -+ - ,� -, - - +- + , • � � - �� r. . � , � . �� • . �,�� , . . -r w . �.� � � . ��# . - . � �� ♦ - • • .; - • - - -� � - - �� , - � + - � � -�� ' � , . . r'- �� - - � � � . � r � • , � � _ . . . , , _ # .� , � , # . # - , ��. • - � ,�, r• - � � . , � . � � . + • � . . - . , ,, . . ., . . �. -� � � .r� , � ,� . , w ' , � �• � - . - • �•� � . �� '.,. � �..� .. � + �. � + - , . � , . < � � . �"' . :+.� � . � . .: � . ��' � ��,., � , Y�' ....... � ! .....* .... i . ,� � • � �' � , , ' � 1'� f ' •' a' �.�' �"1 !' � ! /' `� � ' . . � f ' ' 1 WHEREAS, the Sanitary Sewer Easement and the Existing Lift Station Easement are hereinafter collectively referred to as the "Abandonment Tracts"; WHEREAS, the OWNER and the CITY agree that the Abandonment Tracts and the Conveyance Tracts, in conjunction with the performance of the Work, as defined and stipulated hereinafter in Paragraph 5, are of equal value; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions, abandonments, quitclaims and conveyances associated with the installation of public utility improvements for the PROJECT, including (i) the conveyance of the lift station easement, by OWNER to CiTY, related to same; (ii) the conveyance of a Street Right-Of-Way Donation Deed by OWNER to CITY; (iii) the conveyance of an ingress and egress easement, by OWNER to CITY; (iv) abandonment by CITY of the Abandonment Tracts; (v) installation by CITY of a six foot high concrete masonry-type fence screening around the new Lift Station area, and (vi) relocation of water line by CITY, NOW, THEREFORE, in consideration of the execution of this agreement and the agreements contained therein, which is accepted by both the OWNER and the CITY as if the consideration represented by the agreement were paid in cash, the parties agree as follows: 1. The OWNER shall grant, execute and deliver to the CITY, on or before five (5) days after the Effective Date hereof, a Lift Station easement in, along, over, upon, under and across the tract of land being described in Exhibit "A" and depicted in E�chibit "B", respectively (the "Lift Station Easement Land") to that certain Lift Station Easement (herein so called), attached hereto as Attachment 1 and a made part hereof, for Lift Station purposes, as more particularly described therein (the "Lift Station Easement"). OWNER stipulates that CITY is in need of, and OWNER is amenable thereto, the grant of the Lift Station Easement within the time period provided herein, so that the CITY may begin construction of the work contemplated by the PROJECT. 2. The OWNER shall grant, execute and deliver to the CITY, on or before five (5) days after the Effective Date hereof, an Ingress and Egress easement in, along, over, upon, under and 2 across the tract of land being described in Exhibit "A" and depicted in Exhibit "B", respectively (the "Ingress and Egress Easement Land") to that certain Ingress and Egress Easement (herein so called), attached hereto as Attachment 2 and a made part hereof, for Ingress and Egress purposes, as more particularly described therein (the "Ingress and Egress Easement"). OWNER stipulates that CITY is in need of, and OWNER is amenable thereto, the grant of the Ingress and Egress Easement within the time period provided herein, so that the CITY may begin construction of the work contemplated by the PROJECT. 3. In anticipation of this agreement the OWNER has granted, executed and delivered to the CITY a Street Right-of-Way Donation Deed, dated August 29, 2014, recorded in the Official Records of Denton County Texas, Document No. 201�4-91669 on September 9, 2014, granting a11 of that certain tract or parcel of land containing an approximately 0.333 acre of land, situated in the City of Denton, Denton County, Texas, copy of which is attached hereto as Attachment 3 and made a part hereof (the "Street Donation Deed"). 4. The CITY shall execute and deliver to the OWNER, within the time period prescribed below, the Abandonment, Release & Quitclaim (the "Release") of the Abandonment Tracts, in the form of the Release attached hereto and made a part hereof as Attachment 4. The CITY, by and through the City Manager, or his designee, sha11 execute and daliver to OWNER the Release, upon the completion, and acceptance by the CITY, of the installation of the public improvements contemplated by the PROJECT. OWNER stipulates and agrees that CITY is in need of the Abandonment Tracts, until it completes the installation of the public improvements contemplated by the PROJECT. Upon acceptance of the public improvements contemplated by the PROJECT, the CITY stipulates and agrees the Existing Lift Station shall be taken off line, dismantled and demolished. 5. The "Work: a) The new Lift Station area shall be screened by a 6 foot high concrete masonry-type fencing product, at CITY's sole cost and expense. 3 b) At the CITY's sole cast and expense, a one inch (1") tap loop and meter can, shall be installed on the south side of Ryan Road. CITY to provide water service to the existing mobile home and shop building. This water meter service installation to be field sited in close �roximity to the present water service line for the existing mobile home/shop building. 6. 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 JURI5DICTION OF DENTON COUNTY, TEXAS. 7. The date on which this Agreement is executed by the last to sign of the parties shall be the "Effective Date" af this Agreement. 8. Zn the event a party sha11 default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice: By CITY ta OWNER at: 3939 Teasley Ln. Denton, TX 76210-8492 Attn: R. J. Button By OWNER to CITY at: 215 E. McKinney Denton, TX 76201 Attn: Larry Collister, Deputy City Attorney and apportunity to cure, the non-defaulting party may exercise any right or remedy available to it by law, contract, equity ar otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. 9. Each party represents and warrants that it has taken all actions necessary to authorize the person executing this Agreement io bind it, in a11 respects, to all terms and provisions of this Agreement, that such person possesses the authority to execute this Agreement and bind its � party hereto, and that this Agreement is binding and enforceable upon it in accordance with the terms hereo£ 10. 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. CITY OF DENTON, TEXAS �� w �� ..� By. � � � , � GEO��.�� CAMP�� .. �� s�� .� � BELL, CITY MANAGER � �� P Date: —._,_,_,_,,�� , 2015 ATTEST: JENNIFER WALTERS, CITY SECRETARY I: Date APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: _ m.. �� .� � Date: �_...�,,_.�� _.�: :�.�.....m._... �.....� 2015 5 OWNER: DENTON WEST ;1'�tG�'�� VENTURE, : �.� .� Date .�� ° °, � �,��,_�,, � �� 2015 � Attachment 1 To Easement Grant and Abandonment Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SANITARY SEVVER AND LIFT STATION EASEMENT THE STATE OF TEXAS COUNTY OF DENTON , KNOW ALL MEN BY THESE PRESENTS: THAT, DENTON WEST JOINT VENTURE, (Grantor) whose mailing address is 3939 Teasley Ln., Denton Texas 76210-8492, in consideration of the payment of the sum of Ten Dollars and No Cents ($10.00), in hand paid by the City of Denton, Texas, a home rule municipal corporation (City), receipt and sufficiency of which is hereby acknowledged, does GRANT, GIVE and CONVEY to the City a sanitary sewer and lift station easement across the real property owned by Grantor, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A", and as depicted in Exhibit "B" both of which are attached hereto and made a part hereof for a11 intents and purposes. The grant made includes and is subject to the following: 1. This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate: sanitary sewer and lift station equipment and systems, and their collective related utilities, facilities and appurtenances, in, on, over, under and across the easement tract depicted in Exhibit "B". 2, Building and Structures. Crrantor shall not construct, erect or place any buildings, signs, or other permanents structures, or portions thereof, in on, or over the easement tract described herein. If the Grantor constructs or places buildings, signs, parking lots, driveways, private walkways, or other structures or improvements over the easement after execution of this easement document, the City may remove all or part of the structures and improvements as necessazy to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or repair the structures or improvements and without any liability to Grantor including the obligation to make further payment to Grantor. 3. Fences and Gates. If necessary to remove or relocate any fence or gate during the initial construction, the City will remove or relocate the fence or gate at City of Denton expense. The City, at its discretion, shall erect and maintain a perimeter fence or enclosure surrounding the Lift Station area depicted in Exhibit "B". 4. Access. For the purposes of exercising its rights, the City sha11 have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the subject easement, unless additional means of access is a quantified component of this grant or subsequently acquired. 5. Grantor's Rights. Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein. 6. Successors and Assigns. This grant shall run with the land and sha11 be binding upon the parties and their heirs, successors andlor assigns. .. Witness my hand this . day of r_� ��__ ��_�_� � 2015. By: D��Cr�""�� ` ��"T � �� "��:��1"�'"I`� ��,.._ �� ,� � ��d ...� �� 1��±�� .,� �"�� ° ��. ._.�. �.�._ � ��.��, µ Button .�.��m�._�,,,,_. Its: °" ��a�� . # . !' • � • 0 � : ' . �' � 1 �. � . . . ,.- , ., . � � �, �• � , .•••, -, � � ' , �� , , � � � • " � � - • r- . •- � • - � - � �-� � . � -!� + �- ,�� + . ♦ -��-�' �• . , �. . . _� . , . � . � �� . . • � r• . •, . . . � . .r . .r, - - . •r . • . . � �•-� • . � � � � ' Given under my hand and seal of office, this � St' Accepted this � 1 day of `( �— 7 Q��.��lu�� No. 91-073} �� Y * B �,,�"'�� ,�� w d ��µ° Paul Williamson, Real Estate Capital Support Manager � „ � , •' � ' ' � � ! • !•�. • � + •-' + . � !. . �� .. . . * - .1 ' . �- '� ` r l+ day of ��c. ��-�� _ _ � 2015. � � �"" � �� . �� " � � � A.. _ .. .... � � �...... Signature of Notary Public ;�j r i � I�� ilii ' ► .� , -� r. ' � Notary Public, State of � G� • ,� 2015, for the City of Denton, Texas ��m�=��"� �""��, � �� ABIGAII E WlA�,u Notary Public, State of Michigan County of Cherlevoix MY Commission Expires 09-23-2020 ACting tR the County �f �� D�SC�i1PTION 0.127 of an Acre BEING a tract of land situated in the Je�emiah Fisher Sun►ey, Abstract IYo. 421, City of Denton, penfon County, 7exas, and befng a portlon of a called 56,014 acre tract of land, conveyed to Denton West Joint Venture, as evidenced in a WaRanty Deed, recorded In Instrument No. 2011-114170, Of(icial ftecords of Denton County, T'exas, and being more particulariy described by metes and bounds as foNows: CQMAqENCING at a 5/8 Inch Iron rod wfth plastic cap stamped "KHA" set on the north slde of an asphalt road, known as Ryan Road, an apparent publlc �ight of way, no record found, for lhe southwest corner of said called 56.014 acre tract, common to the southeast corner of a called 2Q acre tract of land desc�ibed in the deed to James L, Helm, recorded in Vblume 381, Page 258, Deed Records of Denton County, Texas, and from which, a found 5/8-inch iron rod, bea�s South 28°11' West, 5,02 feet; THENCE North 00°32'08" East along the westerly line of safd called 56.014 acre tract and along the easteriy 11ne of said called 20 acre tract, a dlstance of 35.12 feet to a S18 inch iron rod with plastic cap stamped "KHA" set for comer at ihe beginning of a non-tangent curve to the laft having a central angle of 1°11'66", a radlus of 4169.19 feet, and a chord bearing and distance of North 86°33'00" East, 87.24 teet; THENCE in a northeasterly direction, depa�ting the easterly line of sald called 20 acre trect, and crossing said called 56.014 acre tract, an a�c dlstance of 87.24 feet to a 5/8 Inch iron rod with plasdc cap stamped "KHA" set for comer at the end of sald curve; THENCE North 85°57'02" East, continui�g across said called 56.014 acre tract, a distance of 488.01 feet to a 518 inch iron rod with a plasilc cap stamped "KHA" set for comer at the beginning of a tangent curve to the right having a central angte af 3°20'45", a rad(us of 1765.00 feet, and a chord bearing and dlstance of North 87°37'18° East, 102.47 feet; THEPICE in a northeasterly direction, contlnuing across said called 58.074 acre tracE, with sald curve to the right, passing at an anc distance of 53.40 feet the northwest comer of a Water, Sanitary Sewer, & Drainage Easement recorded ln Instrument No. 2Q14103867, Official Public Records, Dallas Couniy, Texas, con�nuing along the same course and along the noRheriy Ilne of said Easement for a total a�c dfsta�ce of 102.48 feet to a point for comer at tNe end of said curoe; THENCE Norfh 89°17'40" East, continuing across said called 56.014 acre tract and the northerly line of said Easement, a distance of 474.64 feet.to the POINT OF BEOINNING ; THENCE North 18°10'22" East, depafing the northerlyr line of said Easement and con�nuing across said called 56.014 acre tract, a dlstance of 73.98 feet to a point for corner; THENCE Norlh 89°17'40" Eest, contlnuing across sald called 56.014 acre trad, a dlstance of 67.28 feet to a polnt for corner; THENCE South 0 46'S3" East, continuing across sald called 56.014 acre tract, a distance of 70.00 feet to a point for camer, THENCE South 89°17'a0" West, contlnufng across said called 56_014 acre tract, passing at 2.95 feet the northeast corner of said Easement, continuing along the seme course snd along the northeriy line of sefd Easernent for a total dlstance of 91.31 feet to ihe POINT OF BEGINNING and cantaining 0.127 of an acre (5,551 square feet) of land,, more or less. Bearing system based on the Texas Coordinate System of 1983, North Cent�al 2one (4202), North Ame�ican Datum of 7983. CERTIFICATION . I, ihe underslgned registered professional land surveyor, do declare that the plat shown hereon represents a boundary survey made on the ground under my suparvls(on of the tract or parcel of land, according to the map or plet andlor deeds thereot, indicated hereon. MICHAEL MARX � REGISTERED PROFESSIONAL LAND SURV�YOR NO. 51$1 5750 GENESIS COURT, SUITE 200 FRISGO, TEXAS 75034 PH, 972-335-35B0 michael.marx(cDkimley-hom.com �� a�;�a �r�+ca�� z:ze � as� �r�w� .�� O F �'��. "�'��"��.�� T"�',��.� Gj ��. � '� „, � :�'°: •; ,�p' �^MICHAEL B. hl��yp ..�Mw.� ..�.5181..,..�wywNm. ,� � �'� .: � "�",�;� S�E S S,��,, � � U �r� �� EXHIBIT A CITY OF DENTON SANITARY SEWER EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON C�ENTON COUNTY, TEXAS �r�A¢.s �� u�w� s � � = CEiVTRAL ANGLE P,O.C. = POINT OF COMMENCING P.O.B. = POINTOF B�GINNING IRSC = 5/8" IRON ROq W/ "KNA" CAP 3ET IRFC � IRON RQD W/CAP FOUND PKF = PK NAIL FOUND D.R.D.C.T. = DEED RECORDS OF DENTON COUNTY, TEXAS O.R.D.C.T. = OI�FICIAL RECORDS OF DENTON COUNTY, TEXAS P,R.D,C.T. = PLAT RECORDS OF DENTON COUNTY, TEXAS � ��N � r' �w� U � � QQ } U r��w�w�ro��x a�r� � r�e�u�acro� �� e�� „ �� c� � �r�.r IRSC (d��A� • NO'32'08"E --�. 35.12' IRBC (KFIA} - ' JEREMIAH FISHER SURVEY ABSTRACT N0. 421 �� „e°��° APPRO%IMATE LOCATION OF ABSTRACT LAVE I A=�� 11� 66" R=4169.19' L=97.24' IRSC (KHA} � ..r ._ �,;:.�PwNroF 6IB" 1RF BFARS COMMENC6NENT szm��vu, s.er � S� o° Y� �� o�a �� NOTE: Bearing syetem based on the Texas Coordinate Syatem of 1983, North Cenlral Zone (4202), No�th Amedcan Datum of 1993. JEREMIAH FISHER SURVEY ABSTRACT NO. 421 REMAINDER OF A CALLED 58.014 ACRES DENTON 1hEST JOINTVfNTURE INBT. N0, 2011-114170 O RD.C.T. R=nee.am L�102.48' CB�N97'37'18"E C=102.4T utsc ��n� �� i'i°�7`5�._�'", � ,. 4�6'B.�Y1" ��..-,.� �... .�.... w, w.,..,��. m_... �tY�4�N ROAD ELI PICKETT SURV6Y ABSTRACT N0.1o18 � � '��I��'I�i..... �_ � a �� GRAPHIC SCALE IN FEEi WATER,SEWER,d � DRAINAOE EASEMENT INST. No. 2014109EB7, ' � O.P.F2.D.C.7. � Q LJJ — � — N89�1 T40"E Z 474.64 � � Z �� , r � �...., .,,..,.. _�...__,—._ ...� _._.�... a�" 'Q , ,.,�».� � PKF � � � � ,, � �� sre� r�FC �,,�.�....�.,��... "�A��e" � RIORT-0E-WAY DEDICATION �� LOT 1, BLOCKB BY FOREBT M�4DOW, PHASE2 UNDEVELOPED COMMQId AREA INBT. NO, 2014-28B,P,R.O,C.T. (OE� • LOT 2, BLOCK B } ` L'OT 1, BiOCK C FOREST MEADOW PFWSE 2 FOREBT MEADOW ,� W o I ��REST MEADOW INSLN0.2014288 PHASE2 m a PHA3E2 P.R,O.C.T INST. NO. 2014,7�8 X� INST. NO. 201A,�8 P.R.O.C.T. � fn � P.R.D.C.T. MlCHAEL MARX REGlSTERED PROFESSIONAI LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 m ichael. ma�c�kimley-hom.com �a�r�; �a��v� �r,��r��r�w x:�s �� r�� wn�w�� ►t;a��ai � � ��ar� �pONc F �o ��nod w` a��ZQ � z ui U o ? �o EXHIBIT B CITY OF DENTON SANITARY SEWER EASEAAENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTQN DENTON COUNTY, TEXAS T, � � ,, , ..� LE�eNo 0 = CENTRAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SEY IRFC = IRON ROD WlCAP FOUND PKF = PK NAIL FOUND D�R.Q.C.T. a DEED RECORDS OF DENTON COUNTY, TEXAB O.R.D.C.T, = OFFICIAL RECORDS OF DENTOW COUNTY, T�XAS P.R.D.C.T, = PLAT RECORDS �F DENTON COUNTY, TEXAS NOTE: Bearing system based on the Texae Cooidinate Syetem of 1983, North CenUal Zone (42D2j, NoRh American Datum of 7993. � � ��C�INF�� "N sFN�P� ��D�"�"�'' � � �«E��i�d'�A�i N��. �,�il �a�m��n��t�t�� ,��a�a��i��at�� o�s��r�r��rs��n-��r��a�r � r��r��+��-rara��a�v��u�� vr��.ur� �a�, w��aa�� r��r ¢� r� �.� r. "� � tir��r w�_ a�� -��a�� a � � r�a �� o��,�aue��s.�r �-rr�a ��a �.�ara r.a'. I.IFi t9�,�itl�a1�U I�d C?�9 L6NCJ4�tlli �°,nc��.r r+�� .�r��& � �' � �� u�°i�.ur�r �a�c�w�q��r ._ ��#��i v�t.�At�� 2�, �n�ti: ��a, s� � u �.�. � � ' �, 9 �i A��C� �rc��,�m�a�ar�r��r�rct�ra�� ,� � S��i ��k.4�"T. I N.E�'Y"�7/4�I�C}�NI�%CYW-M.�q�'�PI�7� �i1�""��"��°��- �a4CILflTtk'0 a�kF F:�Cu6�bl�pa �%3.,��" � �h��Ab��P�f7`.•W � ' �i�Y �E�F"�tt14Yl� �+i�1"i� I 'W�4"i1*-N�pr*�,a�-iJkl��„8 17�A�I�N��A��MT INST. No.2014-109867,• O.P.R.D.C.T. / � � � rN89°17'40"E 474.64' � �I �'��'" �. — � _ �4��rr+a� ��°��y�,�Cb ��,'3 SO°46'53"E 70.00' h�'�i�T"Fi .m.. ��. � � �d7 1 p GRAPHIC SCALE W FEET — e��,�►Q J J . ,�„ � .�., �. _� � � �.. ..� .� .� �, .� � � _. � .� N � � ��r ._... .____-� ,�''`__ �._ � • _ _ -,�,. � ...�.�,_. �� ..�... �,— ��, "� �,,.�� =ROAD N!� RN,�d� � ��NRA�� A .....,.�. , �A�N ROAD �r � nTio►� � HICKC VY�R NORAE�R�O; _ OFA HT�i�T�lA4E� _ P R.p.C.L � � PQRTION OF CALLED S0 014ACRE5 DENTON WEST JOINT VENTIIRE , INST, NQ. 2W 7-1141T0 0 R,D C.T. � �' HICKORY CREEK HEIGHTS � CA9INET N, PAOE 101 --�•� I.�� I I� P.R,D.C.T. � � ELI PICKEIT SURVEY � � � AB5TRACT NO. 1018 � I I �. 1 CERTIFICATION I, the undersigned registered professional land surveyor, do declare that the plat shown hereon represents a boundary sunrey made on the ground und�r my supervision of the tract or pa�cel of land, according to the map or plat andlor deeds thereof, indlcated hereon. MICHAEL MARX � REGISTERED PROFESSfONAL LAND SURVEYOR NO. 5181 5750 GENESfS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 m ichael. marx�kimley-horn.com �5 . EXHIBIT B CITY OF DENTON SANITARY SEWER EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON COUNTY, TEXAS f�i��;��siWY�."r� Denton County � Juli Luke County Clerk Denton, TX 76202 70 201 5 00095648 Instrument Number: 2015-95648 Recorded On: August 19, 2015 Parties: DENTON WEST JV To Comment: Easement 50.00 Total Recording: 50.00 As Easement ( Parties listed above are for Clerks reference only ) ** THIS IS NOT A BILL *'' Billable Pages: 7 Number of Pages: 7 ************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT **"`********* Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2015-95648 Receipt Number: 1328477 Recorded Date/Time: August 19, 2015 11:50:56A User / Station: J Kline - Cash Station 2 Record and Return To: CITY OF DENTON DEPT OF ENG PAUL WILLIAMSON 901 A TEXAS ST DENTON TX 76209 �� 9� �� " � � �� w � �� `ry,, � ��, i„'��' P"A". W �' �+u ,.�,� �""� � +�$ M�,� � ,�,rd"� THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certlfy that thls Instrumant was FILED In the Flle Number sequence an the date/tlme printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas. Jull Luke County Clerk Denton County, Texas Attachment 2 To Easement Grant and Abandonment Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS TNSTRUMENT BEFORE IT YS FILED FOR RECORD 1N THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. INGRESS AND EGRESS ACCESS EASEMENT THE STATE OF TEXAS, COUNTY OF DENTON § § KNOW AI.L MEN BY THESE PRESENTS: § THAT Denton West Joint Venture, a Texas Joint Venture, (GRANTOR), in consideration of the Easement Grant and Abandonment Agreement between Grantor and the City of Denton, a Texas hocne-rule municipal corporation ("City"), dated �Tu,�. �'� , 2015, including the documents contained therein, which is accepted by Grantor as if the consideration represented by the agreement were paid in cash, does by these presents grant, bargain, sel� 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, as more particularly 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, will remove from the property above described, such fences, buildings and other obstructions as nnay now be found upon said property. �or 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 pzemises 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 ]iable for damages to pavement improvements installed at GRANTOR's discretion. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid £or the purposes aforesaid the premises above described. Witness its hand, this �� day of _..__s„ .� !! ��mm ��, 2015, GRANTOR: DENTON WEST .�� I�,�i��°�� aT� �µ ��V� BY� � � "�� . � .�.�....� �..__. R. . �tt�� Its: �� 2 ACKNOWLEDGMENT Y�� ,� +� r; ��M� THE STATE OF " ` ,�� .� § COUNTY OF � ��caa�� § This instrument is acknowledged before me, on this � 7 day of c.L` , 2015 by by R. J. Button, ✓Yla-��.r on behalf of Denton V�/est Joint Venture, a Texas Joint Venture. d.� �,m �� w � �� . � � .uw M tComm ss on Exdires the stC( of,�_►� ��w� �µ� � Y � � � �.�...._e. YP .�..��.....��_�._�...... _� ,�.�,.� �.....�.�.�.�....�.�..��..� � �� Nti. � r�w�,�� Y�sas�r+�'�'��a��b��a �t�t�r �� Csr"N��Pdi�<�u� ��tarsty �I' �:�a��f�vra4x �Ny �r��srrai��rr� C��wr�.� �� "��1�� r�. �t�tti�� 4� �h�� 9'� �z� �...�" '�� Accepted this Z�Sday of �Cd. L i , 2015 for the City of Denton, Texas (Resolution �1"a�, 91-073). � BY• ` ��..�� '�f�M �� •,�� Paul Williamson Real Estate & Capital Support Manager AFTER RECORDING RETURN TO: City of Deaton Engineering Services Attn: Paul Williamson 901-A Texas Street, Second Floor Denton, Texas 76209 4 DESCRIP'fION O,OS2 of an Acre BEING a trad of land situated In the Jeremiah Ftsher Survey, AbsUact No. 421, City of Denton, Denton County, Texas, and being a portlon of a called 56.014 acre tract of iand, conveyed to Denton West Joint Venture, as evidenced in a Warranty Deed, recorded In Insuumenl No. 2011-114170, OHicial ReopMs of Denton County, Texas, and being more pedlcularly descxibed by met�s and bounds as follows: � COMMENCINO at a 518 inch iron rod with plastic cap stamped "KHA" set on the no�th side of an asphalt road, known as Ryen Road, en apparent public dght of way, no record found, for the southwest corner of sald called 58.014 acre trect, common to the soulheast corner of a called 20 acre tract of land described in the,deed to James L. Helm, recorded in Volume 381, Page 258, Deed Rewrds of Denton County, Texas, and from whlch, a found 5/8anch fron rod, bears South 26°11' West, 5.02 feet; THENCE North 0�°32'OB" East along the westerly Ifne of sald celled 56.014 acre tract and along the easterly Une of said called 20 acre tract, a distance of 35.12 feet to a 5/8 Inch Iron rod with plastic cap siampea "KHA" set for oomer �t the beginning of a non-tangent cur�e to the left having a central angle of 1°11'56", a radius of 4189.19 feet, and a chord bea�ing and distance of Nur1h 96°33'08" East, 87,24 feei; ' TWENCE in a norlheasterty d(rection, departing the easterty line of said called 20 acre tract, and crossing said called 56,014 acre tcack, an arc distance of 87.24 feet to a 5/8 inch iron rod wlth plastic cap stamped "KHA" set for comer at the end of said cwve; THENCE North 85°5T02" East, contlnuing across sald called 58.014 acre tract, a distance of 488.01 teet to a 5/8 inch (ron rod with a plasUc cap stamped "KHA" set for oorner at the beginning of a tangeni curve to the right having a ceniral angle of 3°20'45", a �adlus of 1755.00 feet, and a chord bea�t�g and dlstsnce of North 87°37'18" Easf, 102.47 feet; THENCE in a northeaste►1y direction, condnuing across said called 56.014 acre tract, wffh said curve to the rlght, passing at an arc dlstance of 53.40 feet the northwest comer of a Water, Sanitary Sewer, & Drafnage Easement recorded In Instrument Wo. 2014-103667, Official Public Records, Dallas County, Texas, continuing along the same coursa and along the no�therly line of sald Easement for a total arc distance of 102.48 feet to a pai�t for wmer at the end af safd curve; THENCE Norih 88°17'40" East, contlnuing across said called 56.0l4 acre tract and along the noriherlyr line of safd Easement, a distance of 454.11 feet to the POINT OF BEC3INNIN(3 ; THENCE Norlh 0°48'53" West, departing lhe noRherly Ilne of sald Easement and conlinuing across sald called 56.014 acre iract, a distance of 70,00 feet to a pant for comer, THENCB Norlh 89°17'40" East, continuing across said called 56.014 acre tract, a dlstance of 44.56 feet to a polnt for comer, THENCE 3outh 48°10'22" West, conUnuing across seid called 56.014 acre tract, a distance of 73.98 feet to a polnt for come� on the northerly line of sald Easement; THENCL South 89°17'40" West, continuing across said called 58.014 acre tract and along the northerly Ilne of said Easement, a dlstance of 20.53 feet to the POINT OF BEGINNING and contafning 0.052 of an acre (2,278 square feet) of land, more or less. Bearing system based on the Texaa Coordinate System of 7983, North Central Zone (4202), North American Datum of 1983. CERTIFICATION I, Ihe underslgned reglstered proiesslonal Iand surveyor, do dedare that the plat shoWn hereon represe�ts a boundary survey made on the g�ound under my supervlslon of the tract or parcel of land, acoording to the mep or plat and/or deeds thereoi, fndicated hereon. MICHAEL MARX � REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 miahael.marx�kimley-hom.com �� O F ;�� .� A MICHAEL Bw.4MARX*��il Y:� �� rvr �. �'',� ,��,"� �,,�'�.,�"��'�°� . �u � � � � �� EXHIBIT A CITY OF DENTON ACCESS EASEMENT JEREMIAH FISH�R SURVEY ABSTRACT N0. 429 CITY OF DENTON DENTON COUNTY, TEXAS � �� o u� $ � �i � � �� U PEMAIN�ER Of A cK�ozo�cnee JMIW L MELM VOLUTAH ��L PAOEi66 DRD.CS. IR6C �IICHH�h} • CJQ°��"4�""�: -�--, 36.12' _ IRSC (KHA) � 5IB" IRF BEARS -- ' S2B'11'W, S.OQ' lEOEND I � JEREMIAH FISHER SURVEY ABSTRACT NO. 421 �APPROXIMATE LOCATION OF ABSTRACTLIHE 1 seti•sres• R=A169.19' �:87.24' C9��,�� „«, IRSC (KHAj �.�� -�ro�NroF �.�.._ COAAI�FJYCEMEWT �" IRFC 'JACOBS' -� � ~ � LOT 1, BLOCKB UND6llFlOPED COMMON ARF.A D FORE3T MFADOW PFU4.SE 2 IPIST. N0.2614268 P.R.D.C.T. � = CEN7RAL ANGLE P.O.C. = POINT OF COMMENCING P.O.B. m POINT OF BEGINNIN(3 IRSC � 5I8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND PKF = PK NAIL FOUND D.R.D.C.T. = DEED RECORD3 OF DENTON COUNT1f, TEXAS O.R.D.C.T. = OFFICIAL RECORDS OF DENTON COUNTY, TEXAS P.R.D.C,T. = PLqT RECORDS OF DEMON COUNTY, TEXAS MICHAEL MARX REGIStERED PR�FESSIONAL LANQ SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx(aDkimley-horn. com � � o� 5� �� O� a� NOTE: Bearing �ystem baeed on tha Texas Coo�dlnale System of 1983, Notlh Centrel Zone (4202), Nadh Amedcan Detum of 1993. JEREMIAH FISHER SURVEY ABSTRACT NO. d21 REAMINDEA OFA CAI.LED 66.074ACRE8 DENTON 1A,E3T JOINT VENTURE INST. N0. 2011-114110 O�R D C.T. �'�3��i1"�Ca°' R=176s.a0' La102.48' C�NB7°87'18"E c=ioz,ar� IR8C (KHA) -�y +��.��V" . �ti£1�'��N �' �� w .�.�.,,�, ORAPHIC SCALE IN FEEf WATER.SEWER,B � DRAINAGE EABEMENT INST. No. 2014-0OOfiB7, " O.P.R D,C.T. � Q W @l�9e17'4 Z � � --�,J ,..� �. � � .11' � � _ _ � r� _.�.. _. ._.. �.... - �� ELI PICKEl'T SURVEY �� ABSTRACT NO, 1018 � � � � � � �.._.,....... �i N X � �� RIf3HTAF-WAYDEDICATPON �'� =� "" �= � � BY FORESTMEADOW, PHASE2 p � � � � � �, �. INST.N0.2D14-289,P.R,D.CT. � S � %" LOT 1, BLOCKC � � � � � � � L0T2, BLOCKB � � 3 � FORESTMEADOW � FORE6TMEADOW � ''� �� PHABER (O � � PHASE2 � � a� � � INST, N0� Z014�¢8B ' x H. � INST. NQ. 201M269 F� � M P,R.D,C.T. � fn $ P R,D C.T. � '�� EXHIBIT B CITY OF DENTON ACCESS EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO. 421 CITY OF DENTON DENTON C4UNTY, TEXAS LINE TABLE NO. 6Fa4RIN0 LEN(iTH L1 N00°46'S3'W 70.00' L2 N89°17'40"E 44.56' L3 S18°10'22'1N 73.98' La S88°1T40'W 20.53' UTILITY EASEMENT VOLUME 628, PAGE 0123, O.R O.C.T. (TO BE ABlW DONED AFTER NEW LIFT S7ATION 18 ON�IJNE/WD FACILITIES ARE REMOVED) I - WATER, 9EWER,S ' DRAINAOE FASEMENT IM9T. No 2014-103897, O.P R.O C 7. I _ N89_17'40"E 454.11',. _ _ � NOTE: Bearing syalem based on tha Texas Coordlnate 3ystem of 1983, North Central Zone (4202j, North Amerlcan Dalum of 1993. � � �� `�� '� • s�^ ��a�nr��r ��t+�� =.n��r� ��. �r�s��r�� . ��ave a�r� � � �z �;;°r. �ro�� r�aa�a�� u� ,�� r � ��^w� �� , �a�x sr��a�a �s �a��ur��. �aar� / r�r��rr��r��v�� w��a��w�r� � A � ,� ��tr•.c��,c��roauc;�� c��:ra�� i�.a�r�� w�ta��. r �, � . g 1� �c��r��v�;�w��°� l N^OFC 9.,NIF�' �T"�TK7N ��µ�„„, ,,� ,„, (BY SEPARATE WSTJ � �� ACCESS EASEMENT 0.052 ACRES ��T��'I�, 0 1ao ORAPHfC 3CAlE IN FEET LEOEND A =CENTRAL ANGLE P.O.C, � POINT OF COMMENCING P.O_B. = POINT OF BEGINNING fRSC R 6/8" IRON ROD W/ "KHA" CRP SET IRFC � IRON ROD W/CAP FOUND PKF � PK NAIL FOUND �.R,D.C.T. = DEED RECORDS OF DENTON COUNTY, TF�CAS O,R.D.C.T. @ OFFICIAL RECOROS QF DENTON COUNTY,TEXAS P.RD.C.T. = PLAT RECORDS Of DEMON CQUN'TY, TEXAS � 2,278 SQ. FT. � � CENTERLINE OF EXIBTING RYAN „.�.„ ..,m.....„. ___. � �dIA�SM� �A8�3,IZ�4"fi�M11,� FV�lMI�,ti��.,�.:;,�:....��--��.�. ... .. ��_.,- �...�...•. �"° RYAN ROAD �, __ . ,� ___ -��.,�.. � �w CABINET N, PAOE 101 ATqN NICKORYOREEKHEICiHTS OFA ��IAAATE�� . M P.R D.C.T, � �I PoRnoNOF N' HICKORY CREEK HEIGHTS � I CqLLED 56A14ACRES CABINET N, PAGE 101 DENTONNEBTJOINTVENTURE � r p.R.d�C.T. � ��y�VV�mN��W e�� , INST. N0. 2017-11q770 �� O.R.D.C.T. I � � � � ELI k�N��<�'�i" SURVEY � A8S7RAC7 NO. 1018 � � � � �� mm CERTIFICATION I, the underslgned �eglstered profesaional land surveyor, do dedare that the plat shown hereon represents a boundary survey made on the ground under my supervlsion of the tract or parcel of land, accordfng to the map or plat and/or deeda thereof, indicated hereon. MICHAEL MARX REGISTERED PROFESSIONAL ° LAND SURVEYOR NO. 5181 5750 GENESIS COURT, SUITE 200 FRISCO, TEXAS 75034 PH. 972-335-3580 m i ch ael. marx(q�ki m ley-hom.com �� EXHIBIT B CITY OF DENTON ACCESS EASEMENT JEREMIAH FISHER SURVEY ABSTRACT NO, 421 CITY OF DENTON DENTON COUNTY, TEXAS Denton County Juli Luke County Clerk Denton, TX 76202 70 2015 00095649 Instrument Number: 2015-95649 Recorded On: August 19, 2015 Parties: DENTON WEST JV To Comment� Easement 54.00 Total Recording: 54.00 As Easement ( Parties listed above are for Clerks reference only ) ** THIS IS NOT A BILL ** Billable Pages: 8 Number of Pages: 8 ************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2015-95649 Receipt Number: 1328477 Recorded Date/Time: August 19, 2015 11:50:56A User / Station: J Kline - Cash Station 2 ��, �"~^u� .�� w��'6��,.�� " � � � �� a � �� p � �r*'� � �, "� ^a .w r �"��t�� Record and Return To: CITY OF DENTON DEPT OF ENG PAUL WILLIAMSON 901 A TEXAS ST DENTON TX 76209 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme printed heron, and was duly RECORDED In the OfTlclal Records oT Denton County, Texas. lull Luke County Clerk Denton County, Texas � NOTICE OF CONFIDF.NTIALITY RIGHTS: IF YOU ARE A NATUI2AL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL UF THE FOLLOW[NG INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST 1N REAL PROPERTY BE�'ORE IT [S �ILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMQER OR YOUR DRIVER'S I.ICENSE NUMBER. STREET RIGHT-�F-WAY DONATION DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRFSENTS: COUNTY O� DENTON § THAT Denton West Joint Venture, (wliosc mailing address is 3939 Teasley Ln., Denton, Texss 76210-8492) whether one or mnre, hereinatl�r called "Grantor," for and in consideration of th� sum oF TEN DOLLARS (�10.00) and athcr �ood and valuable consideration to Grantors in hand pAid by the CI'CY OF UEN'I'ON, TEXAS, a home rule municipal corporation, hereinai�er cali�� ""(ar��„'" tla� t+�c�i�� r��9 �u1`fbs�i�.��y r��" a+��a, i� b��r�1z� �u��rr�a��rr��J��.ct, xrn� for which no 1�+��r� i�� u��ir��, ��ar�� r�r i��c��a �a�� l��h�'�`r ��I"�q� ��Gt� �"�°+"�i�,Y"�� an�� t�� Grantee all of c�r:�� ;c�m�t�birr tM��;t �� c�°�� c�f° xa�� ^��i�� #��'c��i�a��C�by C�.�� c,��c� o1T l�r��, situated in the �u�� t�t ��r, i��;r��r�� "��a��st�^,'1"��,�:s, �a� ��a��'� ��a��r��r1� ��s�a•�t��ci �r� �a�,��il�q� "A" And as illustrAted in �xhibit "B", both of whicl► are attached l�ereto and made a port hereof for all purposes, together with all improvements situated thereon and all, and singularly the rights and appurtcnances thcreto and any and all right, tille and interest af Grantor in and to any adjacent streets, alleys or ri�hts-oF wny, hereinafter collectively called tl�e "Properry." lt is acknowtedged nnd agreed that Grantee is acquiring thc Property for the purpose of permitting Grantee or its agents �r ussigns to construct, muintain, repair and operate thereon street, highway, right-of-way, drt�inage improvements� utilities and other related impravements. Grantar hereby waives any and a!I right for compensation for the property interests conveyed to Grantee hen:under, including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property Uy Grantee. Grantor does hereby fu�lher reserve fur Gruntor and Grantor's heirs and ussigns forever any and all oil, gas and other minerals in and under and that may be produced from the Property, without the right of access to the surfaee of the Properly. TO HAV� AND TO HOLD the Property, togeeher with all and singular the righls and appurtenances thereta in anywise belonging unto sAid Grantee, its successors and assigns, forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the }'roperty unto the Grantee and Grantee's successors and assigns, abainst every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but noc otherwise. EXECUTFn this m,_ ,�..� �..� .,,,_.� day of �_ �"��.'�'`� ,'._... w 2014. [3y: Uenton West .�� ,� _�,��.�.W._._��_�..��.�._�......,��... �,,�..�W,. �"� Print Name: � w,� � .,�..__ ..��.�._._� �.�!!�D �,�_..n_.�_�..__��.�..w , � Print Title: � �� '"'"� "� ...��. ....w.�._..._. ACKNOWLF,llGMI�;NT THE STATE %�� ,�„��:� COUNTY OF _ ��°�<U o i,yc`� �� Bcfore me, the undersi�ncd authority, on this day personally appeared o�f Den�ton West Jo nt Venture�known to me to be the erson who �� .� �.c � _ �. �� p se name is subscribed ta the focegoing inslrumcnt, and acknowledgec.l to me that he/she execuced the sume for the purposes and consideration therein expressed, in ihe capacity therein state and as the act and decd of said Uenton West Joint Venture. Given under my hand And seAl of oflice on this o��i� day of �,,��.�...._� 20�• SHARI M. JONES NOTARY IPC,��•�Ch��t�.�.VQI� �i1�, �N MY CQMMISSION ��I��: � �� "" � � .m �...�,��_w � �i,��r��ar� of Notary Public Sl�ar� M . �Jvnes Printed Name ofNotary Public � �� I�l ich � un Notary Public, State of �__.�n,��.,�._,�,....�—._.� Accepted tl�is ��dny of �P �G�, 2014 for tt�e City of Denton, Texas (Resolutian No. 91-073). BY; _ �. ._ � ..�:._.��..."^�--�. Paul Williamson Real Estate & Capits�l Support Manager AFI'CR fi.ECORUING ,�2E7'UIj� TO: U'17LfTIES & CIP ENCIINGCRING 901-A'1'exas Strect Dcnton, Texas 76209 Attcnlion: Aaul Williamson � �a�H T „A„ L�GAL DESCRIPTtON Denfon Wesf Jolnt Venfure Tract BEING a 0.333 ��r� t��k �t 1�ett9 �N�u�t�� the Eli Pickett Survey, Abstract No. 1018, Clty of Denton, Denton County, T��, ��c� %��n� p�ci af ��Iled 57.25 acre lra�t of land described in a Deed to Denton West Joinl VeM��'r�, �s r��rrf�c� in� ��wmw�e�t No. 21311-114170 of the Real Properly Records oF Denton Couniy, Texas, and being more particularly deecribed as tollows: BEaINNIN(3 a1 �"i��" n�il t��an� ��r ��rr��r �r� �yan Road, � v��lab�� width r��ht-of-way, at an intarior ell comer of the abava� ��t�d �T,�� a�r� l�a�l, s-ai�l p�int being �h� �i�r�h��st �rn�r of Forest Meadow Phase 2, per the Final P��t ��r�i'�� r� %�r��ur'��a1' I�kca• 1'014-28B �� k�� '�i�ti �t��c�r+�� of Denton County, Texas, from which a 1/2 Inch capped iron �od found for the Northwest corner of said Forest Meadow Phase 2 bears South 8S°00'20" West a distence of 726.65 feet; TH��+C� �9�rt�� "�4�"��"° �:�st along sald Ryan Roed, for e dlstance of 300.82 feet to a"PK" nail found for ��r �r�i�ri�r �NN �c��r��r �af ��id 57.25 ac�e lract and the Northweat corner of Hickory Creek Heights, per the �`ira�i �I�t r+��„�i�� ir� 4��rN�ir�et N, Page 101 oi the Plat Records of Denton Counly, Texas, from which a"PK" nail found for the Northeast corner of said Hickory Creek Hefghts bea�s North 88°46'35" East a dlstance of 50�.02 feet; �'Wi��6�1� ��uth� C� 1��'CM�'" East ��rl�rr� ��+d �y�r� Road, and along the common line between said �7,�� cr� Pr�+�k �r��l sal� ��Ickory C�r+��k ��;��4�„ ��ing the Northwest comer oF Lot 1, Black A per said �"N�ti �f �ql��r�r �r�� I�hts at ��Ist��c� �af �4.��5 feet, and continuing along said common line for a total distance of 49.72 feet to a'PK' �ail set for corner; � THENCE 3outh 89°17'02" West departing the common Ilne belween said 5T.25 acre tract and seid Hickory Creek Helghts, for a dlstance of 300.72 feet to a 518 inch iron rod with cap stamped "Jacobs" found for corner in the common Iine between said 57,25 acre tract and said Forest Meadow Phase 2, sald point being the Northeast corner of Lot 1, Block C per said Plat of Forest Meadow Phase 2; THENCE Nor1h 01°17'19" West along the common line between said 67.26 acre tract and said Forest Meadow Phase 2, for a distance of 48.73 feet b the POINT OF BEOINNIN(3, and conteining 0.333 acres. of land, more or less. �'aa�d I�. '�"urw�etb � P.U�.�N N�r. ��4� Dale: August 25, 2014 T.B.P.L.S. Flrtn No. 10011601 . .....,.. , _ ,.. .r.,.�,.a� ��.,�.,�...__,e„mm�.,�,�..,�.. .�.,�.�.�. � 0� � � � � �� m a m _ W a J n w �� ^� � �� a � �� 0 , • �u coc •�a 'N -ev� - n+ o•a,os 3AIda N3AVH�lIVd a w � � � n . tii �� q ,_ v� ao � 0 � � O V ti y U � Z � O F� mW z�Wz Z � Q O �v Q�o� Q � � � Z M ��o �� Q, M � o � � a �: ��, w �+ p �� d � �� • � � � � egz-��ot •oa'�oo- n��o•a,og 13�ti1S A�lAAXOti � � �« � �� °� �.�� $ �� (J� ��'�Tq.� � �� ^7F � �:�� ° �,� .. �� I ��. �� 8 �� . �� n � �aW J � a � � �� r �� _�� _ �� ' � � � Attachmcnt 3 to Easmer�t Grant and Abandonment Agreement Denton County Cynthia Mitchell � , County Clerk ' , Denton, TX 76202 ,, r� � , Instrument Number. 2014-91669 As Recorded On: September 09, 2014 Deed Parties: D�N70N WE5T JOINT VENTURE To Comment: ( PaAies lisled above are (or Clerks reference only ) `" THIS IS NO7 A BII.L "• Oeed 42.00 Tofal Recording: 42.00 Billable Pages: 6 Number of Pages: 5 *kM7F��tk�t�RAN DO �OT REMOVE. 7HI5 PAGE IS PAR7 �F TH� INSTRUMENT ""`"***"**"' � Any provlsion herein whlch restricts the Sale, Renlal or use of the descrlbed REAL PROPERTY because of c41or or race is invalid and unenlorceable under lederal law. Flle I�to�mation: Document Number: 2Q14-91669 Receipt Number: 1205058 Recorded DatelTime: Seplember 09, 2014 01:28:30P User / Station: M Barnett - Cash Station 4 Record and Return To: UTILITIES & GIP ENGlNEERING 901-A7EXA5 STREET ATTN pAUL WILLIAMSON DENTON TX 76209 ��#�� .... , � ��.� �� .. �F��w� . THE STAT� O� TEXAS } COUN7Y OF O�N70N } I hero0y ceNty th�t Ihl� In�tlument Wae FILEO M Ih0 Flle Num6e� sequonc� on Iho datv!llmo prinled Mron, and was duly RECORDEO N� Ihs 011lclal Fecords ol OonW� Counry, Rox�i. ��- County Clerk Denton Counly, 7exas 1 of 5 Attachment 4 to Easement Grant and Abandonment Agreement ABANDONMENT, RELEASE & QUITCLAIM THE STATE OF TEXAS, COUNTY, OF DENTON § § KNOW ALL MEN BY THESE PRESENTS: § THIS Abandonment, Release & Quitclaim (herein so called) is dated as of the date set forth below, from the City of Denton, Texas (the "City"), and accepted by DENTON WEST JOINT VENTURE (the "Owner"). WHEREAS, Owner is the owner of a ce�tain tract of real property described in a Warranty Deed from Lakewood West Joint Venture, recorded under Clerk's File Number 2011- 114170, in the Real Property Records of Denton County, Texas (the "Property"); WHEREAS, the PROPERTY is encumbered by the following easennents: a. That certain public utility easement, dated on or about June 21, 1971 from M. K. Buchanan to the City of Denton, Texas, recorded in Volume b26, Page 123, Deed Records, Denton County, Texas, as affecting Tract One, as re%rred to therein (the "Existing Lift Station Easement"); b. That certain sanitary sewer easement, dated on or about May 8, 1972 from M. K. Buchanan to the City of Denton, Texas, recorded in Volume 645, Page 79, Deed Records, Denton County, Texas, (the "Sanitary Sewer Easement"); WHEREAS, the Existing Lift Station Easement, and the Sanitary Sewer Easement are hereinafter collectively referred to as the "Abandonment Tracts"; WHEREAS, pursuant to that certain Easement Grant and Abandonment Agreement, City of Denton Ordinance No. 2015- _, 1 the Denton City Council authorized the City Manager, or his designee, to enter into this Abandonment, Release & Quitclaim for the express purpose of releasing the Abandonment Tracts, said release releasing the Abandonment Tracts both attached hereto and made a part hereof for all purposes. NOW, THEREFORE, in consideration of the Easement Grant and Abandonment Agreement between the City and Owner, dated � tTu,(�. 17 w_� , 2015, including the documents contained iherein, which is accepted by City as if the consideration represented by the agreement were paid in cash, the City, subject to the terms and reservations hereof, does by these presents, abandon, release and quitclaim unto Owner, its successors and assigns, all of its right, title and interest in and to the Abandonment Tracts. Executed this day of m� �� _�m�, �, 2415. CITY OF DENTON, TEXAS BY� �,�. GEORGE C. CAMPBELL, CITY MANAGER Date: 2015 ATTEST: JENNIFER WALTERS, CITY SECRETARY : Date: , 2015 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY I. 'i� Date: 2015 2 DENTON WEST JOINT VENTURE Name: Title: Date: THE STATE OF TEXAS § COUNTY OF DENTON § 2015 ACKNOWLEDGMENT Before me, the undersigned authority, on this day personally appeared , of .._-------� ....... .. .... -- - p ----------- .. .. DENTON West Joint Venture, known to me to be the erson whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated as the act and deed of said DENTON WEST JOINT VENTURE. Given under my hand and seal of office, this day of _ 2015. _ _ ...._, My commission expires: K� Signature of Notary Public Printed Name of Notary Public Notary Public, State of ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of �_ �, 2015 by George C. Campbell, City Manager, City of Denton, Texas, a home rule municipal corporation on behalf of said City. UPUN RECORDATION RETURN TO: DENTON WEST JOINT VENTURE 3939 Teasley Lane Denton, Texas 76210-8492 Attn: R. J. Button Notary Public, in and for the State of Texas My Commission ��.,� 4 bR VOL OD626 PAGE 123 �, �a�� Tracts ._ ..._�..�.�...�.,.�.__�.e ��ep� 1 of S ., , _�.----- ....__,__.__..�.��.�,�..��.m�__„_��...��..._m.____ THE STATE OF TEi�AS, ' `i'`�� HI�TO�V ALL MEN AY THES� PR�SENT�s COUNTX OI�' DENTO� 'l'l3A.T M. K. BUCHANAId of DE�TON COUNTY, TEXAS , ln couetderaHon of the eum oi ---�--TEN A�D N01100 C$10�00) DOLLARS----- end other good and vo]uable consideratlon in hsnd pafd bq THE C 1 TY OF D�NTON, TEXAS raceipE of which ie hereby acknowledged, do by t4eae Iureeenta grant, bargain, eell snd convey uato tA TME CITY OF DE�TO�, TEXAS , tlto itvse and' uninterrupted uee, llhertq nnd privilegre of the paeesge in, afong, upon and aaroee Ehe following deecribed property, owned by MR . Sltuated in DENTON CounEy, TOaae, in the Snrvoy, Abetraot No. . AL1. THAT CERTAIN LOT, 7RAC7 OR PARCEL OF LA�D LYING A�D BE[�G S17UA7ED 1N TH£ COUNTY OF DENTON� STA7E OF 7EXAS� BE1�G A PART OF 'HE J. FISHER SURVEY� ABSTRAC7 N0, 421� AND BEING A PART OF A 7RACT OF LAVD CONVEYEO BY J.•T. STUART.AND W1FE� ELIZABETH S'fUART TO HARRY M. 6R�� ANC k'. B. DAVID HUNT BY DEED DA7ED APRIL 18, 1967,.•A�D RECOROEO I� VOLUNE 553� PAGE 48c OF 7HE DEED RECORUS OF DENTOI� COU�TY, TEXAS, At�D 8°TnG MORi: PARTI- CULARLY DESCR]BED AS FOLLOt�15: • B�G1hNING AT A P01�7 IN THE NORTH RiGHT OF 4JAY L1�E OF RYAN ROAD� SA!D PO1NT �OF BEGI�IJING BE1NG 950.10 FEET SOUTH B9" 57' 4:ES7 A!�D 30.0 FE�T NORTH 0° 03� EAST Q� THH SOUTHEAST CORNER OF SAID SR/1CT; 7HENCE {�OR7H 0° 0�� WEST A DISTAhCE O� �40.0 FEET TO A POINT FOfF A COR�°R; THE�CE NOR7H 54° 57' EAST A QISTAVCE OF 4G.19 FCE� TO A POIf�T FOR A C093t�C THENCC• SOU7H GO° 03' EAST A DISTANCE OF 46.19 FBET TO A!'OIN7 FOR k��:"�"�:t' TIIE�CE SOU7H 0° 03' EAST A DISTA�'CE OF 40.0 FE°T TO A?O1�7 FOR A CC�ti@R I� THE NOR7H RIGHT OP 4lAY L1NE OF RYA!� ROADj THENCE SOUTH 89° 5%� VlES1'� ALON6 THE AORTM RIGM7 OF 1r'AY l.!\C OF RY,A.1' ROA� A OIS7ANCE OF 80.0 FEE7 TO 7HE PLACE OF DEG1N�fI�G A40 COK7Ael�ING 4,123.80 SQUARE FEET OF LAND� MORG OR LESS. . 4 DR VOL OOBZB PAGE 124 _ ��r;�rFe�r��e�r��e�,� w �^�O '�`D�� `'� � ot�; .�. '. And ii fe �urther agreed that the ea[d C17Y Of DCNTON, TEXAS •, tr� coneideratlon o,t th4 b¢ne8ta abovo eeE out, wlll removo irom tl►o property aEove deacrlbed, auch fencce, buildinga and other obstruottons ae mqq now be iound upon eaid property. Fortlteputpoeeof CONSTRUC7ING, 1NSTALLINGi REPAIRING �ND PERPETUALLY MAIN7A[NING PUBLIC UTILITIES in,elong.uponond acroea sa[d promlaea, wltlt tho rlght and privile�a at all t(mes of t�o grantee hereia, his ox ita agents, employeaa, �vorlvnen and rapreaentntines hnviag fngreee, egreen, and regreae in, along upon and acroas satd premisea for the purpose oP muking addittons to, impmvemcnte on and repatre to tho eaid PUBLI� ,�17IL1T1ES� OR any pnr r.nereof. TO HAVE AND TO HOLD unto the seid CITY OF DENTON, TEXAS ns aforesatd for the purposoe a4orcon9d the promieca aUove descrlbcd. Witnes9 MY hand , thia tho �/ dey of +9�1�E , A. b. 19 71 . , �,�" � .�� ..../c�a,�.....��.�*-�::a.� �.e.�.� .. �..�..wm. i�V .. . ..... �S"�,� �'"��...m__.. * � ' SINGLD ACRNOWLPDGiDlENT . TNE STATE O� T�XAS, �„ ' p��oxr ni�, the undaulgned nuthority, COUNTY �r� ....................___._„...�,._..__..,_vl in nnd ior euld �w�riwty, Toxos, on lhia dny pereonally ny�guauua�ru� u�,�.��,,�....�_,.._»__ ._._...._ .••-�. -.�••••»•..� "'� 2 of 5 4, �yM F� f„�"�'��v�� k��!"i��¢+��m tho yeraon_._whoso nnmo._�5.._..eulwcrl6ad to lho torego{ng lnatrumrnt, and noknowladgeJ to mo M �' y 11m ""�,�tiiorr�uM�r� tha eamo for f,ho pur�wsa ond coneider�Uon �luur+pYiM auawraa�aw� � �1y��' • •. . « �„ " �Y "��@� 'I�I'hR�m�.7t D1Y 1lAND AND SEAI. OI+ OFFIOD �droVp ��... cl�ti,y �q •'� � .��. r��..30i �_ . (8,�3.y ° N�atesx �"� � ��r�., r �� , County, Texm '� � . � � � "' � , , r�sa� C�o�„rnbnn�rm,.�;�.��ea.�sis�.�,_xr�.;�'r,r.: _.� ..._... � ,.._ r....�., ;,,.., �.�.. .,.,,.� : �mm�..�� .o� � .�. ��.��«.U.�197�.�at � a ;°� a�;clack � .�� FILf D FOR��RECO D �e� � k�„ ��'' I2ECORDfiD: ��„�,IT,��i�� of .�... �k.D. 1971 at �j_o cl .e�„, , �m BX D�PllTY �THETA PARKEn CLL:hK COUNTY COURT DEMTUN COUNT�i, TEXAS DR VOL 00045 PAGE 79 3of5 vo� 645 rac� 79 TH6 STA'1'Ti OI' TSXAS X '7513 ICNOW ALL MEN IIY THESE PRSSENTSt COUNTY OI� DSNTON X mhat M. K. Buchanan oE Danton County, T�xas, in consideration of the sum o;E ren and No/100 i$10.00) Aollars and other gQod and valuable coneidera�Eion in hand noid hy elie Ci�y of Denton, Texss, ' a Municipal Corpozation,,receipti oF which is,hereby aoknow].edqed, do by �hese presents grant, bargain, sell and aonvey unto tiie City of Donton, R'oxas, the fres and uninterruptee use, lfberty end priviloge o� tho passage in, along, upon and across the fol].owing deseXibed propeYty owned by him, and being situaled in the County of Denton, State o� Texas, and baing,more particularly described as followsi �a�.�. �:��t� cs�r��4�a laa�� u�t �ar. p�ax��l °�� nt� ly��rc� aana� kas��rac� ��:- �a��ed �.a� t�k�r� f��'Y ��rc� ��aro�w��i°T,g� c�f �7�rrt�rr�� l°:��Gc� aa�' m�s��u�, �m��q�ac� aa �a��d: �1C t:�t+� M�'« '�?��tw�z� :��:�vc��, �hta��;��at �aay 42'�+ ,�� rtw� a� �ro��:� �a� aa �r�sa�; a�� ].�rsa� �s�a�v��awz,"i ia� �'r'. �t'. ��:ata�s9� �urs�l �m�.?��v t?��.�a��a�,ka r��.a�zr�^k: t� ��r�a:�'y M. �r�ro�sa �aac� t�, l3. F��suirA Hm�r�� „� ¢�i�a�i a��a��r� t��a�,� �.�e ��7, �ur�� cc��cl�� .�� Vc�lxan�r� �:a"�� "�c��a A�� z� �.bn� �3eac:�i Tia��ae�ss �� rn�L�a�� a+��t�, "�"z�x�a�, at�� a3,zrc� m�tiz`r� �a�sr:�:4.��z�xr�.yr ��dscr�:ti��rcc1; �wi� S"G�1:p.t��r�� BFGINNING at a point in the northeast line of a utility•easement conveyed to tha City of penton, Texae by M. It. Buahanan on Juno 31, 1971, said paint b�ing 27�.h2 �eat north 60p 03' waet of the northeast corner.bf said easement anA also being 893;85 feet south 89° 57' �vest and 83.71 feQt nortih 0° 03' wost of the southeaaL• corner of said tract; THF�NCE north 19° 27' 37" eaet a disranee o:t 296.56 feet to the beginn� ing o,F a curve to tho loft, having a beginning tangent bearing north 19° 2'7' 37" eastt T1tENC� along said aurve, having a radi�us of 495.00 feet and a oentrul angle'of 19° 27' 37", a dietance of 168.I2 feet to the end of said ourve and the beginninq o�' a second curvo to t}►e left, having a beginn•- ing tangent bearing noxth= ' THSNCE along th� second ourve to the le£i:, having a radius of 157.00 feet and a aentral angle of 42" 41' 3$", u distanae o£ 116.99 fnet to a point for a cornor! THENC� north 42° A1' 35" wesC a distance ot� 64.GB Peet tio a point for a corners TKCNCE nortA A7° 39' 29" easG•a Aietance oE 192.73 Eeet to a point Eor a corner� , THENCE north 7A° 28' 31" enst a diatance of 19.63 foet to the beginn- ing of a curve to the xight, havinq a beginning tanqent baaring nor�h 79° 28' 31" east e dfstanco of 19.63 feet to tha boginning of n curve to the right, havtng a beginning tangent bcsaring north 79° 28' 31" east7 THENCE along said curvo, having a radiva of 215.27 £eet and a central angle of 30° 97' 10", a distance oi 115.69 Eeet to a poini: for a corner; TN6NC8 south 74° 99' 19" east a distance of 110.OU feet to a Point for a cornert DR VOL 00645 PAGE 80 ii��w��_."�r��.�__��m�_��.��_.�.�.�� 4 of 5 , i YOL 645 PACf 8O 'PH�NCT south 84° 9A� 19" east a dietariao of 63.40 feet to a point in the east property line of the subjacb tract o£ 1and, eaid point heing 699.12 Eeet nor�h 33° 30' west of the southeaat proporty corner; TIiENCE north 33° 30' west a distance oE 57.15 Feet along said east property lino to a point for a cornort, THENCE north 74°•A4' 19" west a dis�ance of 126,59 feet to tihe be- ginning oP a curve Co the lef•t, having a beginriing tangent beartng north 7�4° 44' 19" westi T1�SNCE aJ.ong said curvo, having a radius o£ 231.27 £eet and a central angle of 30° 97' 10"•� a dietance of 129.27 feet to a point for t► corner; � THENCB soubh 7A° 28' 31" west a distance of 17.78 £eet to a point for a corner; THENC� south 87° 39' 29" v�est a distance of 198.56 Eeet to a point for a corner, said point being at �he beginning o£ a curve l:o tlie right, havi.ng a beginning tangent bearing north 23° 10' 04" westt TNENCE along said curve� huving a radi�ua o� 418.00 feet and a centraL angle of 23° 10' 04", a dietance oE 169.02 Eeet to a point Eor a cor- ner; , TNENCE north a diatance of 351.89 £eet to tho begi.nninq af a curve to �ho rigMt, having a beginning �angent bearing north; THENCE along said curvQ, having a radius oP 366.00 faet and a cen- trA1 angle of 96° 13' lA", a distance of 313.00 foet to a point Eor a corners THSNCL north 67° 00' 00" eaet a distance of 960 Pee� to a point in the easti pxopertX line o£ the subjeot tract of land, eaid point bo� ing 143.36 feet south 19° 43' 30" east oE the northeast property cornorr TIiENCE along saiQ east property lino north 19° 43' 30" west a d;is- tance oE 21.03 feet to a poin� for a Corner; xHENCTs south 97° 00' 43" wesL• a distance o£ 17..97 feet to the be- ginning o£ a curva to the le£t, having a beginning tangent bearing south 97° 00' A3" westt THENCS alortg said ourve, having a radiue of 9Q4.00 feet and a central angle oE 97° 00' A3", a distance o£ 331.99 faet i:o a point foz a cor- nerj • THENCB sou�h a distanoe oE 351.69 feoC to the beginning oP a curve to t}� 1eft, having a baginning tangent bear#ng southt THENCE along said curve, having a radius of 434.00 fest and a cantral angle of. 2A° 00�, a distance of 181.79 �Qet �o a point £o� a aorner; TIiENCE south 24° 00' east a dietance of 10.98 £aet t,o a point for a corner= xHENCB sou�h 92° 91� 35" east a distance of 71.30 faet to the beginn- ing;of a ourve to �he right� having a beqinning tungent bearing south A2° A1' 35" east� THENCB alon� said ourve, having a radius of 1A1.00 EeQt and a central angle oE A2 4].� 3$", a disL•anoe of 105.Q6 Peet �o the enii ofi said curve an9 beginning of a second aurve to the r�ght, havi�ng a begi,n�- ing tangent bearing southj OR VOL 00645 PAGE 81 Abandonment Tracts ��m �'"" � 5 of 5 �� vo� 645� PACE 81 mHBNCB along said second aurve, having a radius of 479.00 teet and a central angle of 19° 27" 37", a distance o£ 162.69 feet to a point For a oorneri THCNCS eouth 19° 27' 3i" wast a distance o£ 243.60 £eeti to a point in the northeast line of tlie ui:ility easeman�'convoyed to the Ci�y oP Denton �une 21, 19T1j • TNENCE souih 60° 03' oast a dfetanoe of 16.27 £eet to the poinl: o£ beginning, and aonta�ning 31,358.80 squar.e Peet of land, more or 1QSS. And it is further agreod that the sal.d City of Denton, Taxas, in consideration of the benefits above set out, will remove :from the propor�y above doscribed, such fences, buildinge and other obstrua- tions as may now be PounQ upon sal.d propexty. Fo� tlio purposa o� inst•allinq, repuirinq and perNetuallX main- Caining a sanitary aeiver linQ in, alpng, upon nnd across said premisea, wi�h the right and privilege ati all kimes of the qrantee herein, his nr its etgenta, employees, workmen and �`epYesentatives•havirtg inqress, egress, and reqrass in, along upon and.across said premiaess tox the purpose'of making additions to, improvementa on and repaixs to the said.sanitary sewer line or any par� thoxeof. � TO HAVE AND TO NOLD unCo the ssid City b£ Denton, Toxas, a� afore- said Por tho purposos aforesaid the premises above describad. WITNESS his hand this the � dax of May, A. D. 1972. . af . � ��'� . ��,e; �, � c��K�..��-� �_ �s a '� .�..�..�,� �.. _....�.�. THfi STATfs OF TBXAS X COUNTY OF DIINTON X . BEFORI3 ME, the underaigned authority in and for �aiA Coun�y, Toxas, on this day personall� appearod M. K. Duchanan known to me io be the person �ahose name is subscribed to the forogoing instrument,, an� aaknowledged to me that he exacuted the same for thQ purposes and consideration therein expreeeed. GxVEN UNDBR MX HANU AND SF,AL OF OFCICI3, This the � day of May�•A. D. 1972. .a � �w tir^y��^ rrr,�„x� �Y � �� S .:��K"4 J� �,� r�"��"B�s' .��'�i� y" � ,i" ° ^ ,�^" !,g� �,Cf�'�Ft�t1��: �� .�'�h��'��°F"�°� ^ s� �� DLNTON COUNTY, TEXA$ •�. sm ; � . c7 ; a."1 _� .�G�.�.� � , ^ Y ...�..�...�"?,'�„ ��k�.��.�,� ��£ ^!�� +��,��.�,�1��__.m..J __ ___,r.m.�.. -.�..��. �..... �"��'�L? �"�R '�C�'�t��Cl� � C�,�Y OF A.D. 1972 at o'clock M [" �S��ti��7Y�i� � � `��,�'� OF A. D. 19? 2 at . o' CloCk� . BY *� ��-•--- Theta Parker, COUnty Clark �i�!��M�.� , Danton Couniy, Texas .��.._....�.._�.��..._.�...�...�._��.....,,, ....�W�__..�. .s._... .,.�..�__�„„.�..�.,.,,,