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2016-24511 1 I 1 1 1 i 1 •, 1 1' I; 1 1; ' ■ 1' ..� 1 � 1 1 1 1 • � . ,, ; I 1 Is 1 1; ;1 1 1 t'• I 1AN 0 MW 8 WA US h• 0i WHEREAS, the City Council of the City of Denton ("City Council") after consideration of this matter, has determined that a public use and necessity exists for, and that the public welfare and convenience requires, the acquisition of the Property Interests together with all necessary appurtenances, additions and improvements on, over, under, and through the Property Interests ("Related Rights") by the City of Denton, Texas ("City"). The City Council finds that the acquisition of the Property Interests and Related Rights is a valid public use necessary to provide for the expansion, construction, maintenance, operation, and improvement of electric transmission lines, facilities, and structures, including substations, to serve the public and citizens of the City. WHEREAS, the City is required to make an initial offer as defined by, and in compliance with, Texas Property Code §21.0111 ("Initial Offer"), and a bona fide offer, as defined by, and in compliance with, Texas Property Code §21.0113 ("Final Offer") to acquire the Property Interests and Related Rights for public use, by agreement, from the subject landowner(s) before beginning the acquisition of the Property Interests and Related Rights by eminent domain; and WHEREAS, the City Council deems it necessary to authorize the use of the power of eminent domain to acquire the Property Interests and Related Rights if an agreement cannot be reached with the subject landowner(s) for the purchase of the Property Interests and Related Rights; NOW, ■ wtl 01. 1 I 1 1 11■1. Section 1. The City Council finds that the recitals made in the caption and preamble of this Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if copied in their entirety. Section 2. The City Council authorizes acquisition of the Property Interests and Related Rights, as more particularly described and depicted in the attached Exhibits "A", "B", "C", "D" and "E" for the reasons and purposes set forth above. Section 3. The City Council authorizes the City Manager, or designee, to expend funds to acquire the Property Interests and Related Rights by either agreement or through the use of the power of eminent domain. Section 4. The City Council authorizes the City Manager, or designee, in compliance with all State and other applicable law, to negotiate for and to acquire the Property Interests and Related Rights for the City subject to the availability of funds appropriated by City Council for such purpose. Section 5. The City Attorney, or designee, is specifically authorized and directed to do each and every act necessary to assist the City Manager to acquire the Property Interests and Related Rights for the City, in compliance with all State and other applicable law, to include, but not be limited to, give notices, make statutorily required written offers to purchase, prepare contracts, conveyance instruments, and related documents, retain a qualified appraiser of the Property Interests and Related Rights to be acquired and any other experts or consultants that may be deemed necessary for the acquisition process, retain qualified outside litigation counsel as needed, and, if necessary, to acquire the Property Interests and Related Rights through the use of the power of eminent domain against the subject landowner(s) and interested parties of the Property Interests and Related Rights. Section 6. 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 VI. This Ordinance shall become effective immediately upon its passage. PASSED AND APPROVED this the day of , 2016. CHRI,' TATTS, MAYOR ATTEST: APPROVED AS TO LEGAL FORM: JENNIFER WALTERS, CITY SECRETARY ANITA BURGESS, CITY ATTORNEY BY: BY: 11 11 11jumai LEGAL DESCRIPTION BEING a 38.889 acre tract of land situated in the Mary Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and being part of a called 27.7488 acre tract of land described in a Deed to Terrano Realty, Inc., as recorded in Document No. 96-010141 of the Real Property Records of Denton County, Texas, and part of a called 318.937 acre tract of land described in a Deed to Staff Realty, Inc., as recorded in Document No. 94-006845 of the Real Property Records of Denton County, Texas, and being known as a part of Lot 1, Block 1 and a part of Lot 1, Block 2 of Municipal Utility Addition, per the Final Plat recorded in Cabinet G, Page 346 of the Plat Records of Denton County, Texas, and also being all of that certain 100 foot wide right-of-way shown as Morse Road on said Final Plat, and being more particularly described as follows: BEGINNING at 5/8 inch iron rod with cap stamped "TNP" set for corner in the West line of the above cited 27.7488 acre tract and Lot 1, Block 1, said point being in the South line of Shady Oaks Drive, a variable width right-of-way per Deed recorded in Document No. 2008-21943 of the Official Records of Denton County, Texas, said point also being in the East line of a tract of land described in a Deed to NW Realty, Inc., as recorded in Document No. 93-65091 of the Real Property Records of Denton County, Texas; THENCE in a Southeasterly direction, along the South line of said Shady Oaks Drive, and along a non -tangent curve to the right having a central angle of 50°12'27", a radius of 715.00 feet, a chord bearing of South 71'34'02" East, a chord distance of 606.69 feet and an arc length of 626.54 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 46°27'48" East continuing along the South line of said Shady Oaks Drive, for a distance of 100.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the beginning of a curve to the left; THENCE in a Southeasterly direction, continuing along the South line of said Shady Oaks Drive, and along said curve to the left having a central angle of 42°52'43", a radius of 885.00 feet, a chord bearing of South 67°54'11" East, a chord distance of 646.96 feet and an arc length of 662.31 feet to 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 02°49'24" West departing the South line of said Shady Oaks Drive, for a distance of 1517.94 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner in the South line of said 318.937 acre tract, said point also being in the North line of a called 53.865 acre tract of land described in a Deed to N. Alex Bickley, Trustee, as recorded in Volume 987, Page 548 of the Deed Records of Denton County, Texas; THENCE North 87°54'05" West along the South line of said 318.937 acre tract and the North line of said 53.865 acre tract, for a distance of 407.70 feet to a 518 inch iron rod with cap stamped "TNP" set for cornet at the most Southerly Southwest corner of said 318,937 acre tract, said point also being the most Easterly Southeast corner of Lot 2, Block 2 of Municipal Utility Addition, per the Replat recorded in Document No. 2009-139 of the Plat records of Denten County, Texas; THENCE North 02°20'56" East along the West line of said 318.937 acre tract and the East line of said Lot 2, Block 2, for a distance of 644.99 feet to a 1/2 inch iron rod with cap stamped "H&N 1849" found for corner at the Northeast corner of said Lot 2, Bloch 2, said point also being the Southeast corner of said 27.7488 acre tract; THENCE North 89°31'45" West departing the West line of said 318.937 acre tract, and along the South line of said 27.7488 acre tract and the North line of said Lot 2, Block 2, for a distance of 864.29 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the Southwest corner of said 27.7488 acre tract, said point also being the Southeast corner of said NW Realty tract; THENCE North 03°04'00" East along the common line between said 27.7488 acre tract and said NW Realty tract, for a distance of 1355.63 feet to the POINT OF BEGINNING, and containing 38.889 acres of land, more or less, of which 2.052 acre of land lies within the existing 100 foot wide right-of-way known as Morse Road. NOTE: Bearings are referenced to grid north of the Texas Coordinate Systema of 1463 (North Central 2'one, NAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating .Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent surface values utilizing a surface adjustment factor of 1.000147317 to scale from grid to surface. Page 1 of 1 8 it tt Y Spt � a in $r® k� est � - wS Q I cN a ca I EXHIBIT "B" ELECTRIC EASEMENT Medanjo Partners Tract BEING a 0.800 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and being a part of a called 72.761 acre tract of land described as Exhibit A Part 1 in a Deed to Medanjo Partners, Ltd., as recorded in Document No. 2015-764 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "WAI" found for the Southwest corner of the above cited 72.761 acre tract and the Southeast corner of Brinker Road, a variable width right-of-way per Document No. 2008-21943 of the Official Records of Denton County, Texas, said point also being in the North line of a called 17 acre tract of land described in a Deed to Arthur 0. McNitzky Post No, 71, American Legion, Denton, Texas, as recorded in Volume 561, Page 464 of the Deed Records of Denton County, Texas; THENCE North 02°01'29" West along the West line of said 72.761 acre tract and the East line of said Brinker Road, for a distance of 38.34 feet to a point for corner; THENCE South 87°56'10" East for a distance of 908.28 feet to a point for corner; THENCE South 01°57'55" West for a distance of 38.19 feet to a 5/8 inch iron rod with cap stamped "Cox 4577" found for corner in the South line of said 72.761 acre tract, said point also being the Northwest corner of Lot 2-R, Block 1 per the Replat of Denton County Electric Cooperative Addition, as recorded in Cabinet Q, Page 8 of the Plat Records of Denton County, Texas and the Northeast corner of Lot 6, Block 1 per the Replat of Spencer Square, as recorded in Cabinet Y, Page 74 of the Plat Records of Denton County, Texas; THENCE North 88°00'11" West along the South line of said 72.761 acre tract and the North line of said Lot 6, Block 1, for a distance of 335.20 feet to a 5/8 inch iron rod found for corner at an angle point, said point being the Northwest corner of said Lot 6, Block 1 and the Northeast corner of said 17 acre tract; THENCE North 87°54'05" West along the South line of said 72.761 acre tract and the North line of said 17 acre tract, for a distance of 570.42 feet to the POINT OF BEGINNING, and containing 0.800 acres of land, more or less. BEING a 0.046 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and being a part of a called 72.761 acre tract of land described as Exhibit A Part 1 in a Deed to Medanjo Partners, Ltd., as recorded in Document No. 2015-764 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a point for corner in the West line of State Highway Loop 288, a variable width right-of-way, said point being the Southeast corner of the above cited 72.761 acre tract and the Northeast corner of Lot 2-R, Block 1 per the Replat of Denton County Electric Cooperative Addition, as recorded in Cabinet Q, Page 8 of the Plat Records of Denton County, Texas, from which a 5/8 inch iron pipe found for reference bears South 88°00'11" East a distance of 0.49 feet and a TxDOT brass monument found for reference bears along a curve to the right having a central angle of 00°46'37", a radius of 2804.79 feet, a chord bearing of South 09°02'42" West, a chord distance of 38.03 feet and an arc length of 38.03 feet; THENCE in a Northeasterly direction, along the West line of said State Highway Loop 288, and along a curve to the right having a central angle of 01 °29'37", a radius of 2804.79 feet, a chord bearing of North 07°54'35" East, a chord distance of 73.11 feet and an arc length of 73.11 feet to a point for corner; THENCE North 87°25'34" West departing the West line of said State Highway Loop 288, and along the North line of a 20' Public Utility Easement per instrument recorded in Volume 1622, Page 685 of the Deed Records of Denton County, Texas, for a distance of 25.08 feet to a point for corner at the POINT OF BEGINNING for the herein described easement; Electric Easement— Medanjo Partners Tract Page 1 of 4 THENCE North 87°25'34" West continuing along the North line of said 20' Public Utility Easement, for a distance of 57.12 feet to a point for corner in the East line of a 70' Public Utility Easement per instrument recorded in Volume 1085, Page 717 of the Deed Records of Denton County, Texas; THENCE North 00°24'46" East departing the North line of said 20' Public Utility Easement, and along the East line of said 70' Public Utility Easement, for a distance of 33.92 feet to a point for corner; THENCE South 87°55'54" East departing the East line of said 70' Public Utility Easement, for a distance of 60.98 feet to a point for corner at the beginning of a non -tangent curve to the right; THENCE in a Southerly direction, along said non -tangent curve to the right having a central angle of 00°42'42", a radius of 2779.79 feet, a chord bearing of South 06°50'55" West, a chord distance of 34.53 feet and an arc length of 34.53 feet to the POINT OF BEGINNING, and containing 0.046 acres of land, more or less, NOTE; Bearings are referenced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent surface values utilizing a surface adjustment factor of 1.000147317 to scale from grid to surface. T B. Tumer, R.P.L.S. No. 4859 Teague Nall 8 Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-383-4177 Date: June 1, 2016 .............:.............. TODD a. TURNER ..% ................o.... .. 0 4859 s s Electric Easement — Medanjo Partners Tract Page 2 of 4 Nt n - ® O Ce) c N ti Q w W LLJ J a oz� ra LLW ® a. i5, Y Z M O O S 2 cmoW}d i- � r • } U d V Z s t'w ZN� Q ¢ate 4Q<CLiI— ?��� mom ��Jm d t 00 Q IMtn J N �a f Lu aP, � m W I affi it J l, W t' a �C� 1 i 0h LLJea h owe ? w Z o ° :3 ��. !V V FZ- �•• G 2 0 a Q � t 0 0 lL W Z QW: b ®Z �4wS w� 4®/xnl- r a� F P` r;F �� ....Z 0CA 00 10 01 W V�°` o >'� •;� �, Qom' g rs W t tl` w 1114 o f i( r- N Z5 'E H c �4 E o • O U h$ O }peu LL Z z w o u«C°i xbQW oW@tib N� y i z® C LL J N }y2 C of c yi F= E c �i ri F Q j 't�G _ V Z N FN- `N m ad i h ``' O ,uLD7 LLI Q a / a0 tq o A O C M �, 0 'n v CL LU .gyp 1 8`y �o Q 7 o U ,� v E a € 3 Z_ S E e .m o C Q c T ci c �+ d1 d o• M ca a i ® E g 1'O'O'a'O £462-8002 'ON z oc' aci O1 E AVM-dO-1NJIM M101M d79"V P 3 c U c> N o (nionUSNOO ION) 1 J `° o ro Y oo �; o o y " vw O sZ� Q? o amici > `I 4LZUEa! $ a a2 -- E ro ro w p - N O tin.L-. O 1 c W aNi E E '> n o a 3 g u o NINE 0 >, CC co w �. w O OHO { yr �� m 9 tco 0I- > •o 3 fO ° O m o '= m o o of m Q 1�°4 - - m ���� O U v°� fA .- ca O E M D. 14 00 F Gi F z l" coq u'1 C C-4NMI(7 Mt004 o �- 0 s e Rttpp 3 j I ZNM `TOMO � ^ In �' :li 7 jn •�' a s� ie'S� Sv n m -nonan 0 co 0'�mm IO Z Z N Z Z ZW L--:s � J J J z 13NvntDs UMN3ds t>10018'910,1 r i �-qwz —.0m X05 ®1=3.73,oz r- N ® m N tlt 'Od 'A `8V0 F°-' N O C\' � o E � N LL MM E O O` t® • W }9 F � z O p or 1= E N w '9^c4iroO E V MOro c Z O o`r C7p O coo c ron W U d ofAaz�e osE z C E 0 c • T h u: cv ui cY rn C 8� S 8 v? 3 d N aEi io � m N a t7o a (n c ro to o f Y z 13NvntDs UMN3ds t>10018'910,1 r i �-qwz —.0m X05 ®1=3.73,oz r- N ® m N tlt 'Od 'A `8V0 F°-' N O C\' � o E � N LL .L., O cm w W E O O` t® • W }9 O O p or 1= E N w '9^c4iroO E V MOro c 2A, O o`r C7p O coo c ron U d ofAaz�e osE z C E 0 c • T h u: cv ui cY rn C y • v? 3 d N aEi io � m N a t7o a (n c ro to o f Y O o w N as $ Z rot 1 s c v 0 J0. • N 0 N • O ro to c E o •> CL— 'n p n - a� L O fn Z`� cOn �•p a M.O. O N M O X ecn ro litC c .• J r K �, �nrl' N C; LZU' LLJ 00 z 13NvntDs UMN3ds t>10018'910,1 r i �-qwz —.0m X05 ®1=3.73,oz r- N ® m N tlt 'Od 'A `8V0 z 13NvntDs UMN3ds t>10018'910,1 r ILL 0 It w c� 04 N N M W r Yrs ro N F°-' N O C\' � o E � N .L., O cm w W E O O` t® CL C: O W i=i O�Q W }9 O O p or 1= E N w '9^c4iroO E V MOro c 2A, O o`r C7p O coo c ron U d ofAaz�e osE z C E 0 c O T h u: cv ui cY rn C y v? 3 d N aEi io � m N a t7o a (n c ro to o f Y O o w N as $ Z rot s c v 0 J0. N 0 N O ro to c E o •> CL— 'n p n - a� L O fn Z`� cOn �•p a M.O. O N M O X ecn ro litC c 00 N D- J r K �, �nrl' N ILL 0 It w c� 04 N N M W EXHIBIT "C" ELECTRIC EASEMENT NW Realty Tract BEING a 0.919 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and being a part of that tract of land described in a Deed to NW Realty, Inc., as recorded in Document No. 93-065091 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 in the South line of the above cited NW Realty tract, said point being the Southeast corner of Lot 2, Block 1 of Research Addition, as recorded in Cabinet 0, Page 130 of the Plat Records of Denton County, Texas, said point also being in the North line of a 30' Street Easement, as recorded in Volume 407, Page 472 of the Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found for the Southwest corner of said Lot 2, Block 1 bears North 89°28'12" West a distance of 735.70 feet; THENCE North 01°52'37" East departing the South line of said NW Realty tract, and along the East line of said Lot 2, Block 1, for a distance of 60.02 feet to a point for corner; THENCE South 89°28'12" East for a distance of 667.96 feet to a point for corner in the East line of said NW Realty tract and the West line of Lot 1, Block 2 per the Final Plat of Municipal Utility Addition, as recorded in Cabinet G, Page 346 of the Plat Records of Denton County, Texas; THENCE South 03°04'00" West along the East line of said NW Realty tract and the West line of said Lot 1, Block 2, for a distance of 60.06 feet to a point for the Southeast corner of said NW Realty tract, said point also being in the North line of Lot 2, Block 2 per the Replat of Municipal Utility Addition, as recorded in Document No. 2009-139 of the Plat Records of Denton County, Texas, from which a 1/2 inch iron rod with cap stamped "H&N 1849" found for the Northeast corner of said Lot 2, Block 2 bears South 89°31'45" East a distance of 864.29 feet; THENCE North 89°28'12" West along the South line of said NW Realty tract and the North line of said Lot 2, Block 2, passing a 60d nail found for the most Northerly Northwest corner of said Lot 2, Block 2 and the Northeast corner of said 30' Street Easement at a distance of 23.17 feet, and continuing along the South line of said NW Realty tract and the North line of said 30' Street Easement, for a total distance of 666.72 feet to the POINT OF BEGINNING, and containing 0.919 acres of land, more or less. UNOTE: Hearings arra referenced to grist norlb of the Texas Coordinate Systema of 1983 (Norfh Central Zone; f+AD83(2011) Epoch 2010) as derived iocally frorrr Western Data Systems Continuously Operating fileference Stations (CORS) via Beal Time Kinernalic (RTX) survey methods. Distances represent surfaco values utfrrzing a surface adjustmeni ficlor of 1.000147317 tai scale from grid to surfacer. u Tddd B. Turner, R.P.L.S. No. 4859 Teague Nall & Perkins 1517 Centre Places Drive, Suite 320 rNDenton, Texas 76205 W940-383-4177 Date: June 1, 2016 s r''; TURNER 4859 a *. -1 SUR4 Electric Easement — NW Realty Tract Page 1 of 2 ev 1Oa'ad - LL 9 'Od'O13VO 0 NoilIGC'V"IllflllVdlOINnw w ® ev Z 00-w 10, � w __� -5 > Q -- �. uj 26096 -We •0N ° ) ` o = JI'vJ Cl) ®CD _ui U j ®� Q WZ 0 3 -00 -MOON p hi "'rtj� £l ,y"• Q rn Q Q U CO Z Q W C14 {�`; O ¢¢ CLU uJ C)cV r'dr� W lL W m CN7 mi r ,4 „1 O w �LLI �, > NMI- uj r � r s ttyt Sr � W z N is i� o � Oj F-- o 00 o WIT", ><x'' z z zLO H xr,,#,,,r� z waw �� o �QV �yn,ao ��� t i i M W �a�i ZMpM z n J 01 z 0 w I O �d r #, N M N t i i O ZIL r iP' ccv r �"' ® ;H mprG� a g -WI ♦Y �>�` xCO U O $ q Q ® ' r uP^ t aft".. N I- N fn I- ® Z Z 8 ( U tc G tN F- n- 23a f xO�0 z NMS ��� a o 0 — -� J J 0 0 0 (L r7i 3 cxxn J 7� FE `c- ® -� O w Q�C� l0 C - 8 Z 3n Y i i c. N O N E- 4 s� t'y 1 F-• U .LO.O C=N O O .-. tit rstr�s? 2p o rn f er L � r W o W•�v axco i 0 5�? p y o T �c N F E Y w col E z N O N c d N > K O - .E w n ca V a .Q 0 w E O O a Zo Z co c o 3 a 4 � ca Co m c� '_ C O C N C V O M h; U} ,t8'9lZl 3�L£,d9eGON �' �' Noti S3 3 _ ami a°� � a z ryry v o w E °'CL t c s v 1 O Y y 0 .1.0'13Wd 0) z o E cc O 3 = o N. 0£6 `Od'O ®t/O k L M E h- o' °' E - > e _ c W N .N. E co �i w NOMI®0\/ H02!`ddS321 M oN- w Q N- a a�8 C-0 io 0Noole 'z 101 LU 4� co 3 v� o m ro j+ Q. w ®'• (u E E> n ro o t� .n o w C c o o c D ._ co c ®e® 3 v _ 10 UJ O W O Vl `c+Va ] w� af0 ter` tdw ® w W w C: n J r ;:er4r m ti a� .c C) co w a� o c „_...:. i m o .? 3 o H �, Q o ca. m �� Z rUtl Cn NO N O E MO. t» a we EXHIBIT "D" ELECTRIC EASEMENT Staff Realty Tract ELECTRIC EASEMENT NO. 1 BEING a 0.642 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and being a part of a called 318.937 acre tract of land described in a Deed to Staff Realty, Inc., as recorded in Document No. 94-006845 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod with cap stamped "TNP" set for the Southwest corner of the above cited 318.937 acre tract, said point being the most Easterly Southeast corner of Lot 2, Block 2 per the Replat of Municpal Utility Addition, as recorded in Document No. 2009-139 of the Plat Records of Denton County, Texas, said point also being in the North line of a called 53.865 acre tract of land described in a Deed to N. Alex Bickley, Trustee, as recorded in Volume 987, Page 548 of the Deed Records of Denton County, Texas, from which a 1/2 inch iron rod found for the Northwest corner of said 53.865 acre tract and an interior ell corner of said Lot 2, Block 2, bears North 87°58'52" West a distance of 904.51 feet; THENCE South 87°54'05" East along the South line of said 318.937 acre tract and the North line of said 53.865 acre tract, for a distance of 407.70 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the POINT OF BEGINNING for the herein described easement; THENCE North 02°49'24" East departing the South line of said 318.937 acre tract and the North line of said 53.865 acre tract, for a distance of 37.38 feet to a point for corner; THENCE South 87°57'30" East for a distance of 738.96 feet to a point for corner in the West line of Brinker Road, a variable width right-of-way per Document No. 2008-21943 of the Official Records of Denton County, Texas; THENCE South 02°04'44" East along the West line of said Brinker Road, for a distance of 38.22 feet to a point for corner in the South line of said 318.937 acre tract and the North line of said 53.865 acre tract, from which a 1/2 inch iron rod with cap stamped "WAI" found for the Southeast corner of said Brinker Road right-of-way bears South 87°54'05" East a distance of 122.00 feet, and a 5/8 inch iron rod found for reference bears South 00°45'39" West a distance of 3.18 feet; THENCE North 87°54'05" West along the South line of said 318.937 acre tract and the North line of said 53.865 acre tract, for a distance of 742.22 feet to the POINT OF BEGINNING, and containing 0.642 acres of land, more or less. ELECTRIC EASEMENT NO. 2 BEING a 4,636 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and being a part of a called 318.937 acre tract of land described in a Deed to Staff Realty, Inc., as recorded in Document No. 94-006845 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found for an interior ell corner of the above cited 318.937 acre tract, said point being the Southwest corner of a called 1.54 acre tract of land described in a Deed to Leslee Ann Hitt, as recorded in Volume 4480, Page 2954 of the Real Property Records of Denton County, Texas, said point also being in the North line of a called 1.000 acre tract of land described on Exhibit A Part 2 in a Deed to Medanjo Partners, Ltd., as recorded in Document No. 2015-764 of the Official Records of Denton County, Texas, from which a 1/2 inch iron rod with cap stamped "WAI" found for the Northwest corner of said 1.000 acre tract bears North 88°18'05" West a distance of 208.70 feet, and a 1/2 inch iron rod with cap stamped "WAI" found for the Southeast corner of said 1.54 acre tract bears South 88°18'05" East a distance of 204.39 feet; THENCE North 00°31'31" East along an Interior East line of said 318.937 acre tract and the West line of said 1.54 acre tract, for a distance of 298.70 feet to a 1/2 inch iron rod found for an interior ell corner of said 318.937 acre tract and the Northwest corner of said 1.54 acre tract, from which a 5/8 inch iron rod found for the Northeast corner of said 1.54 acre tract bears South 88°09'10" East a distance of 201.32 feet; THENCE North 72°29'54" West departing the Northwest corner of said 1.54 acre tract and said interior ell corner, for a distance of 39.20 feet to a point for corner at the POINT OF BEGINNING for the herein described easement, said point also Electric Easement — Staff Realty Tract Page 1 of g being in the West line of an existing Electric Easement described as the Second Tract per instrument recorded in Volume 1084, Page 160 of the Deed Records of Denton County, Texas; THENCE South 42°57'44" West for a distance of 652.72 feet to a point for corner in the North line of Shady Oaks Drive, a variable width right-of-way per Document No. 2008-21943 of the Official Records of Denton County, Texas; THENCE in a Southwesterly direction, along the North line of said Shady Oaks Drive, and along a non -tangent curve to the left having a central angle of 03°53'38", a radius of 995.00 feet, a chord bearing of South 61°02'30" West, a chord distance of 67.61 feet and an arc length of 67.62 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 "WAI" found in the South line of said Shady Oaks Drive bears South 30°54'11" East a distance of 170.00 feet; THENCE South 59°05'42" West continuing along the North line of said Shady Oaks Drive, for a distance of 319.62 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the beginning of a curve to the right; THENCE in a Southwesterly direction, continuing along the North line of said Shady Oaks Drive, and along said curve to the right having a central angle of 03°09'07", a radius of 905.00 feet, a chord bearing of South 60°40'15" West, a chord distance of 49.78 feet and an arc length of 49,79 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 27°45'12" East continuing along the North line of said Shady Oaks Drive, for a distance of 40.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the beginning of a non -tangent curve to the right; THENCE in a Southwesterly direction, continuing along the North line of said Shady Oaks Drive, and along said non -tangent curve to the right having a central angle of 20°40'27", a radius of 945.00 feet, a chord bearing of South 72°35'01" West, a chord distance of 339.14 feet, and an arc length of 340.99 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 82°55'16" West continuing along the North line of said Shady Oaks Drive, for a distance of 89.17 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 07°04'44" West continuing along the North line of said Shady Oaks Drive, for a distance of 30.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 82055'16" West continuing along the North line of said Shady Oaks Drive, for a distance of 700.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 07°04'44" West continuing along the North line of said Shady Oaks Drive, for a distance of 20.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 82°55'16" West continuing along the North line of said Shady Oaks Drive, for a distance of 151.54 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 07°04'44" West continuing along the North line of said Shady Oaks Drive, for a distance of 30.00 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 82°55'16" West continuing along the North line of said Shady Oaks Drive, for a distance of 28.76 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the beginning of a curve to the right; THENCE in a Westerly direction, continuing along the North line of said Shady Oaks Drive, and along said curve to the right having a central angle of 13°49'21", a radius of 665.00 feet, a chord bearing of South 89°49'57" West, a chord distance of 160.04 feet, and an arc length of 160.43 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 06°39'28" West continuing along the North line of said Shady Oaks Drive, for a distance of 30.24 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the beginning of a non -tangent curve to the right; THENCE in a Northwesterly direction, continuing along the North line of said Shady Oaks Drive, and along said non -tangent curve to the right having a central angle of 30°17'38", a radius of 695.00 feet, a chord bearing of North 68°11'43" West, a chord distance of 363.20 feet, and an arc length of 367.47 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner in the West line of said 318.937 acre tract and the East line of Lot 1, Block 1 per the Final Plat of Municipal Utility Addition, as recorded in Cabinet G, Page 346 of the Plat Records of Denton County, Texas, from which the most Southerly corner of an existing Drainage and Utility Easement as shown on said Final Plat of Municipal Utility Addition, bears South 02°19'55" West a distance of 50.80 feet; Electric Easement — Staff Really Tract Page 2 of 9 THENCE North 02°19'55" East along the West line of said 318,937 acre tract and the East line of said Lot 1, Block 1, for a distance of 50.59 feet to a point for corner; THENCE South 54°49'31" East departing the West line of said 318.937 acre tract and the East line of said Lot 1, Block 1, for a distance of 112.71 feet to a point for corner; THENCE South 86°39'35" East for a distance of 743.36 feet to a point for corner; THENCE North 82°55'16" East for a distance of 787.42 feet to a point for corner; THENCE North 59°05'42" East for a distance of 519.43 feet to a point for corner; THENCE North 42°57'44" East for a distance of 786.52 feet to a point for corner in the West line of said existing Electric Easement recorded in Volume 1084, Page 160; THENCE South 00°03'31" West along the West line of said existing Electric Easement, for a distance of 110.19 feet to the POINT OF BEGINNING, and containing 4.636 acres of land, more or less. NO Bearings are referenced to grid startle of the Texas Coordinate System of 1933 (North Central Zone,' IVAD83(2011) Epoch 2010) as derived locally from Western tufa Systems Continuously Operating Reference Stations (CORS) via Beal Time Kinematic (RTK) survey methods, Distances represent sufface values utilizing a surface adjustment factor of 1,000147317 to scale from grid to surface. Todd B. Turner, Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-383-4177 Date: June 1, 2016 7r0 F y`srt ......I...................... `ODD S. TURNER .:..ay.�..,................... 4859 Electric Easement — Staff Realty Tract Page 3 of 9 I LL ti z Wt 0 LL IU) LU d M Ny I t U Z P w Z I h www Q —`FLLA - OR Zcq 1 t OV O I -I- 0 Q w co ij I I k! Co p Co G7 0n d- .t H i_ D O V 0 <%- Z I z tb U tY N N r-- �Qav wooao CV J m O I es' eo O W 2cqCo0CC UmW®q Z b Q z�w w LU I I o,. 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Austin Survey, Abstract No. 4, City of Denton, Denton County, Texas, and being a part of a called 27.7488 acre tract of land described on Exhibit A in a Deed to Terrano Realty, Inc., as recorded in Document No. 96-10141 of the Real Property Records of Denton County, Texas, and also being a part of Lot 1 Block 1 per the Final Plat of Municipal Utility Addition, as recorded in Cabinet G, Page 346 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "TNP" set for corner at the intersection of the Northeast line of said 27.7488 acre tract with the North line of Shady Oaks Drive, a variable width right-of-way per Document No. 2008-21943 of the Official Records of Denton County, Texas, said point being in the Southwest line of a Drainage and Utility Easement, as shown on said Final Plat of Municipal Utility Addition, from which the most Easterly Northeast corner of said 27.7488 acre tract and the most Southerly corner of said Drainage and Utility Easement bears South 54°48'42" East a distance of 695.42 feet; THENCE in a Northwesterly direction, departing the Northeast line of said 27.7488 acre tract, along the North line of said Shady Oaks Drive and along a non -tangent curve to the left having a central angle of 05°13'33", a radius of 905.00 feet, a chord bearing of North 80'43'43" West, a chord distance of 82.52 feet and an arc length of 82.54 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE North 01°17'19" East departing the North line of said Shady Oaks Drive, and along the East line of an existing 0.223 acre Electric Utility and Communication Easement described in Document No. 2014-26092 of the Official Records of Denton County, Texas, for a distance of 43.45 feet to a point for corner in the Northeast line of said 27.7488 acre tract and the Southwest line of said Drainage and Utility Easement, from which the most Northerly Northeast corner of said 27.7488 acre tract bears North 54°48'42" West a distance of 30.77 feet; THENCE South 54°48'42" East along the Northeast line of said 27.7488 acre tract and the Southwest line of said Drainage and Utility Easement, for a distance of 98.45 feet to the POINT OF BEGINNING, and containing 0.040 acres of land, more or less. NOTE: Bearings are referenced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent surface values utilizing a surface adjustment factor of 1.000147317 to scale from grid to surface. Tadd B. Turner, R.P.L.S. No. 4859 Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-383-4177 Date: June 1, 2016 ST a 3 TOOD�13.*nTURNER _ 4859., o ;Y Electric Easement — Terrano Realty Tract Page 1 of 2 04 Ld U- zo .4 Zo "r, -9*900-WON 'OOCI z 0 w SaUOVIMWE qgj-7t(o JU z 04 v o6 6 ',ONI ',kL-7VgV -4-qvIS w Ln �t CD n LLJ sc (.9 (n 0 > LL LU d ZUA, CL 109,09 0 m 0 w w�1: (/) 0 Z.4t R,) IN IN Z Z z Z -00 Z < ti W > M 0 th 45 LL Z z c Lfj N C� Ld C) ffi z kla C14 A :Uzi U') NLr Z z ol 00 LU �l LU --j o w 0 LL z Q 0 z C, z —Z 5 0 CD (Lou CL LLI \D -Z Im co ::3 co w U) 12 m A =1 09 Ul F- OD 0 z w W LL, V U) CD 0 cs NOD zy co V f-� 0 cr- (L "t & R 5 0 0: V co 0 dR 01, 1 o t) 3.1 Za f VI tlL 0 9 S C> m tj o C3 �t Q� C) 0 00 HOP sz) z>ul (s 4A 0 c CL -6 lu,l o LU 0 0 LU z d) x to LLI U') 0 WCL LIFO, A2 41) t., 4) 0 14 0:9 z -i - �j �Uyco v 00 CS cl� 0 0 p E L4 :s im 8 nip LU 00 0 C'L iE E C) rc : a: V. 6m C.) Um clu tj 1* 0 (CD is D) ocu V, -r- ® tx (,C, zo 6 ccoi -Eo Q. 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