2016-355
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FirstAmendmenttoRealEstateSalesContract\[originalisattached\]12/12/16JR
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•' • NO - 2016-355
. ORDINANCE .•. t MANAGER, • • TO
EXECUTE A REAL ESTATE SALES CONTRACT OF D '•
TEXAS ("CITY"), AS PURCHASER, AND TERRANO REALTY, INC., MEDANJO
11ARTNERS, LTD., AND NW REALTY, INC., (COLLECTIVELY "OWNER"), AS SELLER,
TO
ACQUIRE
. •' TO . 38.889 ACRE TRACT
AND
EASEMENT INTERESTS A
0.040 ACRE TRACT OF LAND, A 0.800 ACRE TRACT OF LAND, A 0.046 ACRE TRACT
OF LAND, A 0.642 ACRE TRACT OF LAND, A 0.919 ACRE TRACT OF LAND, AND A
• * ACRE • . LAND, ALL SITUATED MARY AUSTIN SURVEY,
ABSTRACT NO. 4, LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND LOCATED
GENERALLY SOUTH OF SHADY OAKS DRIVE AND WEST OF LOOP 288
(COLLECTIVELY THE "PROPERTY INTERESTS") FOR THE PURCHASE PRICE OF SIX
MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS AND NO CENTS
($6,250,000.00), AND OTHER CONSIDERATION,PRESCRIBED IN THE REAL
ESTATE SALES CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND
PROVIDING D. •
WHEREAS, the City of Denton ("City") is planning to construct an electrical substation
as part of • and distribution
WHEREAS, the City has determined the Property Interests are in a suitable location for
such a substation and connecting electrical transmission lines;
WHEREAS, the Property Interests are owned by Terrano Realty, Inc., Medanjo Partners,
•' . • NW Realty,• •
WHEREAS, the City is amenable to the counteroffer, and finds that it is in the best
interest to agree to same; NOW, THEREFORE,
SECTION 1. The City Manager, or his designee, is authorized: (a) to execute on behalf
of Real Estatebetween the City and Owner,
form attached purchase price of $6,250,000.00 and other consideration,
plus costs and expenses, all as prescribed in the Real Estate Sales Contract, and (ii) any other
documents deemed necessary for closing,or . the transaction contemplated by .
Real Estate Sales Contract; and (b) to make expenditures in accordance with the terms of the
:-,!?.l Estate Sales Contract.
SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
2016.
This REAL ESTATE SALES CONTRACT ("Contract") is entered into by Terrano
Realty, Inc., a Texas corporation, Medanjo Partners, Ltd., a Texas limited partnership, and NW
Realty, Inc., a Texas corporation, (collectively "Seller"), and City of Denton, a Texas home -rule
municipal corporation ("Purchaser").
RECITALS
Seller wants to sell to Purchaser and Purchaser wants to purchase from Seller (a) all of
Seller's right, title, and interest in and to the real property described below as "Fee Land", and
(b) certain easements rights to the real property described below as "Easement Lands".
AGREEMENT
In consideration of these recitals, the mutual covenants, agreements, and obligations
stated below, and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, Seller and Purchaser agree as follows:
ARTICLE I
1
1.1. Prol)cr(y. Subject to the terms and conditions set forth in this Contract, Purchaser
agrees to purchase from Seller, and Seller agrees to sell to Purchaser, the following described
property (collectively, "Property"):
(a) that certain tract of land containing approximately 38.889 acres ("Fee
Land") located in Denton County, Texas, and more particularly described in the attached
Exhibit A including;
(i) all rights, privileges, and appurtenances pertaining to the Fee Land,
including but not limited to all trees, timber rights and contracts for cutting
timber, water rights, claims and permits, adjacent streets, and easements and
rights of way;
(ii) all intangible property, if any, owned by Seller and pertaining to
the Fee Land or the use of it, including but not limited to all present and future use
of wastewater, wastewater capacity, drainage, drainage capacity, water, water
capacity, or other utility facilities directly attributable to the Fee Land;
(iii) all reservations of, commitments for, and letters covering utility
capacity, whether or not they are currently being used to the fullest extent
available;
(iv) all of Seller's right, title, and interest and estates in any land lying
within the bed of any stream, river, lake, or other waterway or body of water on or
Page 1 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
crossing that portion of the Fee Land;
(v) all of Seller's right, title, and interest and estates in any land within
any easement or right of way or under any bed of any road or highway, whether
open or proposed on or crossing that portion of the Land;
(vi) all of Seller's right, title, and interest and estates in any excess
land, vacancies, and strips and gores of land, if any, between that portion of the
Fee Land, and any adjoining real properties belonging to third parties;
(vii) access to the Fee Land; and
(b) the easement rights set forth in the form of Electric Utility Easement,
attached as Exhibit B, for each of the following tracts (collectively "Easement Lands"):
(i) 0.040 acre tract located in Denton County, Texas,
and more
particularly described in the attached Exhibit C;
(i) 0.800 acre tract and 0.046 acre tract located in Denton County,
Texas, and more particularly described in the attached Exhibit D;
(i) 0.642 acre tract located in Denton County, Texas,
and more
particularly described in the attached Exhibit E;
(i) 0.919 acre tract located in Denton County, Texas,
and more
particularly described in the attached Exhibit F; and
(i) 4.636 acre tract located in Denton County, Texas,
and more
particularly described in the attached Exhibit G.
1.2. Reservation of Minerals to Seller; Seller's Waiver of Surface Use.
(a) "Mineral Estate" means all oil, gas, and other minerals in and under and
that may be produced from the Property, any royalty under any existing or future mineral
lease covering any part of the Property, executive rights (including the right to sign a
mineral lease covering any part of the Property), implied rights of ingress and egress,
exploration and development rights, production and drilling rights, mineral lease
payments, and all related rights and benefits. The Mineral Estate does NOT include
water, sand, gravel, limestone, building stone, caliche, surface shale, near -surface lignite,
and iron, but DOES include the reasonable use of these surface materials for mining,
drilling, exploring, operating, developing, or removing the oil, gas, and other minerals
from the Property.
(b) Seller reserves all of the Mineral Estate owned by Seller.
(c) Notwithstanding the foregoing, Seller does not reserve and retain any
Page 2 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
rights of ingress and egress or rights to use the surface of the Property, either implied or
express, for mining, drilling, exploring, operating, developing, or removing the oil, gas,
and other minerals; provided however, that Seller shall have the right to remove the oil,
gas, and other minerals by pooling with other lands, including, but not limited to, the
right to construct any wellbore for the removal of such oil, gas or other minerals which
runs underneath the surface of the Property.
ARTICLE 2
PURCHASE PRICE
2.1. Purchase Price. The purchase price for the Property ("Purchase Price") is Six
Million Two Hundred Fifty Thousand and No/100 Dollars ($6,250,000.00), payable in cash or
other immediately available funds at Closing (as defined in Section 6.1).
ARTICLE 3
EARNEST MONEY
3.1. Earnest Money Deposit.. Within three (3) business days after this Contract is
fully executed by Seller and Purchaser, Seller will deposit with Reunion Title, ("Title
Company"), at 2745 Wind River Lane, Denton, Texas 76210, a fully executed original
counterpart of this Contract. In addition, within five (5) business days after an original executed
counterpart of this Contract is deposited with the Title Company, Purchaser will deposit with the
Title Company the amount of Fifty Thousand and No/100 Dollars ($50,000.00) to ensure prompt
observance of this Contract by Purchaser ("Earnest Money Deposit"). After receiving all
applicable tax forms from Purchaser, the Title Company will invest the Earnest Money Deposit
in a federal -government -insured interest-bearing account approved by Seller and to be held and
disbursed by the Title Company strictly in accordance with the terms and provisions of this
Contract. All interest accruing on the Escrow Deposit will become a part of the Escrow Deposit
and will be delivered to the party entitled to receive the Escrow Deposit. If the Purchaser does
not timely deposit the Escrow Deposit(s) with the Title Company, Seller will have the right to
terminate this Contract. At Closing, the Escrow Deposit will be applied to the payment of the
Purchase Price.
3.2. Refundabilit-v. After the Review Period (as defined in Section 5.1) expires, the
Earnest Money Deposit will be nonrefundable to Purchaser, except that the Earnest Money
Deposit will be promptly refunded to Purchaser and the parties will have no further obligations if
this Contract is terminated under Section 8.2.
ARTICLE 4
TITLE STATUS
4.1. Title Commitment and Survey.
(a) Seller will deliver or have delivered to Purchaser within twenty (20) days after
the Effective Date (as defined in Section 12.13) commitment for title insurance (the
Page 3 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
"Title Commitment") prepared by the Title Company, accompanied by a copy of all
recorded documents affecting the Property and listed as title exceptions in Schedule B of
the Title Commitment.
(b) Purchaser will cause to be prepared, within twenty (20) days after the
Effective Date (as defined in Section 12.13) a current on the ground survey of the Fee
Land and each of the tracts described as the Easement Lands (collectively, the "Survey").
The contents of the Survey shall be prepared by a surveyor selected by Purchaser and
shall include the matters prescribed by Purchaser, which may include but not be limited
to, a depiction of the location of all roads, streets, easements and rights of way, both on
and adjoining the Fee Land or Easement Lands, water courses, 100 year flood plain,
fences and improvements and structures of any kind. The Survey shall describe the size
of the Fee Land or Easement Lands, in acres, and contain a metes and bounds description
thereof. Purchaser shall also furnish or cause to be furnished any affidavits, certificates,
assurances, and/or resolutions as required by the Title Company in order to amend the
survey exception. The description of the Fee Land or each of the tracts described as
Easement Lands as set forth in the Survey, at the Purchaser's election, shall be used to
describe the Fee Land and each of the tracts described as Easement Lands in the deed to
convey applicable real property interest in either the Fee Land or Easement Lands to
Purchaser and shall be the description set forth in the Title Policy.
4.2. Review of Title Documents. The review of the Commitment, the Exception
Documents, and the Survey (collectively, "Title Documents") will be governed by the following
terms:
(a) Purchaser Ql lig atious. Purchaser will have until ten (10) business days
after Purchaser's receipt of the last of the Title Documents ("Title/Survey Review
Period") to provide to Seller written objections to the status of title to the Property. If
written objections have not been received by Seller before the Title/Survey Review
Period expires, Purchaser will be deemed to have conclusively accepted and approved the
status of title to the Property as shown by the Title Documents, and all the matters shown
in the Title Documents will be Permitted Exceptions.
(b) Seller Response. If Purchaser does timely deliver written objections to
Seller, Seller will within seven (7) business days after receiving them ("Response
Period") notify Purchaser of which objections Seller will cure before Closing ("Cure
Notice"), Seller having no obligation to cure any of Purchaser's title objections. If Seller
does not agree or is unable to timely cure all of Purchaser's title objections, Purchaser
may either (1) waive the title objections in writing and purchase the Property despite
them, in which event the title objections will be deemed Permitted Exceptions, or
(2) terminate this Contract by giving written notice to Seller within five (5) business days
after the Response Period, in which event the Earnest Money Deposit will be returned to
Purchaser on demand, and neither Seller nor Purchaser will have any further obligations
under this Contract except for those that expressly survive its termination.
Page 4 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
4.3. Conveyance by Deed. Seller will deliver to Purchaser at Closing a Special
Warranty Deed, in the form and substance of Exhibit H attached hereto ("Deed"), conveying fee
simple title to the Land to Purchaser, containing the matters set forth in Section 1.2 and each
subject to the exceptions to title contained in the Title Documents approved or waived by
Purchaser under Section 4.2.
4.4. Conveyance by Easement. Seller will deliver to Purchaser at Closing five
separate Electric Utility Easements, in the form and substance of Exhibits I, J, K, L, and M
attached hereto ("Easements"), conveying the easement rights to the Easement Land to
Purchaser, each subject to the exceptions to title contained in the Title Documents approved or
waived by Purchaser under Section 4.2.
ARTICLE 5
' ! 1
5.1. Review Period. The Purchaser's feasibility review, inspection and examination of
the Property will be governed by the following terms:
(a) Time Period. For the Independent Contract Consideration (as defined in
Section 12.10), Purchaser will have until 5:00 p.m. Central Prevailing Time on December
28, 2016 ("Review Period"), during which time Purchaser, or its authorized agents or
representatives, will be conducting its feasibility review, inspection and examination of
the Property and, to the extent necessary, will be entitled to enter on the Property for the
purpose of inspecting, examining, and conducting tests on the Property; provided
however, that Purchaser will return the Property to its condition existing prior to such
inspections, examinations or tests promptly following the completion of such inspections,
examinations or tests and agrees to hold Seller harmless from any injuries, death or
property damage that might occur to Purchaser or Purchaser's contractors or employees
during any entry onto the Property.
(b) Termination. If Purchaser, in its sole discretion, is dissatisfied with the
results of the feasibility review, inspection and examination of the Property and
determines, in its sole judgment, that the Property is not suitable, for any reason, for
Purchaser's intended use or purpose, Purchaser may, by written notice delivered to Seller
before the Review Period expires, terminate this Contract, in which event the Earnest
Money Deposit will be returned to Purchaser on demand, and neither Seller nor Purchaser
will have any further obligations under this Contract except for those that expressly
survive its termination. If Purchaser does not terminate this Contract by delivery of
written notice to Seller before the Review Period expires, Purchaser will no longer have a
right of termination under this Section, but will have a continuing right to enter on the
Property.
5.2. Environmental Survey. The inspection and examination of the Property relative
to the environmental condition of the Property will be governed by the following terms:
Page 5 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
(a) Examination ALIthority Purchaser, at its expense, will have the right to
conduct Phase I and, if necessary, Phase II environmental surveys (collectively,
"Environmental Survey") of the Property, which must be completed before the Review
Period expires. If an Environmental Survey is conducted, Purchaser will deliver to Seller
a written report stating the findings obtained in the Environmental Survey.
(b) Remediation/Termination. If, as a result of the Environmental Survey, or
by any other means, Purchaser or Seller becomes aware of the existence of toxic or
hazardous wastes (including asbestos) or other environmental contamination on or within
the Property, Purchaser will have the right to immediately terminate this Contract before
the Review Period expires. If Purchaser terminates this Contract under this Section, the
Earnest Money Deposit will be returned to Purchaser and the parties will have no further
obligations under this Contract except for those that expressly survive its termination.
5.3. Document Inspection. To facilitate Purchaser's inspection of the Property, Seller
will provide to Purchaser, within ten (10) business days after the Effective Date, but only to the
extent within Seller's actual possession, true, correct, and complete copies of (a) all reports, tests
(including, but not limited to, all soil reports, water rights, engineering investigations, tests, and
environmental studies), (b) surveys made with respect to the Property within two (2) years before
the Effective Date, (c) all leases and/or occupancy agreements and/or licenses of any kind or
nature, whether oral or written (if oral, Seller shall provide to Buyer in writing all material terms
thereof), relating to possession of the Property, or any part thereof, including any and all
modifications, supplements, and amendments thereto, (d) all licenses, agreements and
encumbrances (including amendments and exhibits) affecting title to or use of the Property that
have not been recorded in the real property records of Denton County, Texas, (e) all
governmental licenses, certificates, permits, and approvals, and (f) all records of any regulatory
proceedings or violations. Additionally, Seller will provide any further information in its actual
possession relating to the Property that may be reasonably requested in writing by Purchaser.
Purchaser acknowledges that any information of any type that Purchaser has received or may
receive from Seller or its agents is furnished to Purchaser as a courtesy only and on the express
condition that Purchaser will make an independent verification of the accuracy of the
information.
6.1. Closing Date. The consummation of the transactions contemplated by this
Contract ("Closing") will take place in the offices of the Title Company, at 3:00 p.m. Central
Prevailing Time on December 31, 2016.
6.2. Ck.)sing, Costs. At Closing, Seller will pay (a) any costs related to the issuance of
the Commitment and the base premium for the Owner Policy, (b) the cost of satisfying any liens
not deemed Permitted Exceptions which Seller has agreed to cure as set forth herein, (c) Seller's
legal fees, (d) one-half (1/2) of any escrow or closing fee charged by the Title Company and the
cost of any tax certificates, municipal and utility lien certificates, and (e) all other items normally
Page 6 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
paid by sellers in real estate transactions in Denton County, Texas. Purchaser will pay (a) the
cost of Purchaser's due -diligence inspection, (b) the cost to modify the areas -and -boundaries
exception in the Owner Policy to read "shortages in area" only (if requested by Purchaser),
(c) the cost for any extended coverages or endorsements to the Owner Policy required by
Purchaser, (d) one-half (1/2) of any escrow or closing fee charged by the Title Company, and
(e) all other items normally paid by purchasers in real estate transactions in Denton County,
Texas.
6.3. Real Estate Tax Prorations. Title to the Property on the day of Closing will
belong to Purchaser, and all prorations to be made as of Closing will be made as of 12:01 a.m.,
Central Prevailing Time, on the Closing Date. Ad valorem taxes relating to the Property for the
calendar year in which the Closing shall occur shall be prorated and submitted by Seller to the
Denton County Tax Assessor as of the Closing Date or credited to the Purchaser at Closing. Ad
valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas
Property Tax Code Section 26.11. If the actual amount of taxes for the calendar year in which the
Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based
on the amount of taxes due and payable with respect to the Property for the preceding calendar
year. Seller shall pay for those taxes attributable to the period of time prior to the Closing Date
(provided, however, that subsequent assessments for prior years due to change of land usage or
ownership by Purchaser after the Closing Date shall be the sole responsibility of Purchaser) and
Purchaser shall pay for those taxes attributable to the period of time commencing with the
Closing Date. The terms and provisions of this Section will survive the Closing.
6.4. Seller's ObliMtions at Closing. At Closing, Seller will deliver, or have delivered
in accordance with local custom and practice, to the Title Company the documents in (a) -(f)
below, each of which will be duly executed and, if appropriate, acknowledged, together with any
other necessary or appropriate items or instruments:
(a) Deed. Seller will deliver to Purchaser at Closing a Special Warranty Deed
in the form and substance of Exhibit H ("Deed") executed by the entity shown on
Paragraph 3 of Schedule A of the Title Commitment as the record owner of the Fee Land
conveying fee simple title to the Fee Land to Purchaser with each containing the matters
set forth in Sections 1.2 (b) and (c), and each subject to the exceptions to title contained
in the Title Documents approved or waived by Purchaser under Section 4.2.
(b) Easements. Seller will deliver to Purchaser at Closing five (5) separate
Electric Utility Easements, in the form and substance of Exhibits I, J, K, L, and M, and
each executed by the entity shown on Paragraph 3 of Schedule A of the Title
Commitment as the record owner of the Easement Land described in the aforementioned
exhibits conveying the easement rights to each of the tracts described as the Easement
Land to Purchaser, and each subject to the exceptions to title contained in the Title
Documents approved or waived by Purchaser under Section 4.2.
(c) Nonforeign Affidavit. An affidavit required under Internal Revenue Code
Section 1445 stating, under penalty of perjury, that neither Seller nor any other party so
Page 7 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
swearing is a foreign person within the meaning of Section 1445.
(d) Evidence of Authority. Any documents reasonably requested by the Title
Company or required by this Contract to confirm that this transaction and the parties
executing the documents are fully authorized and empowered to act.
(e) Owner Policy. An Owner's Policy of Title Insurance ("Owner's Title
Policy") issued by the Title Company, insuring good and indefeasible title to the Property
in Purchaser in a face amount equal to the Purchase Price, and containing no exceptions
other than the Permitted Exceptions; an exception for fees and taxes for the calendar year
in which the Closing occurs and subsequent years, and subsequent assessments for prior
years due to change in land usage or ownership; an exception for any discrepancies,
conflicts, or shortages in area or boundary lines, any encroachments or protrusions, or
any overlapping of improvements; an exception for homestead or community property or
survivorship rights, if any, of any spouse of any insured; an exception for any title or
rights asserted by anyone, including but not limited to persons, corporations,
governments, or other entities to tidelands, or lands comprising the shores or beds of
navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, or to any land
extending from the line of mean low tide to the line of vegetation, or to lands beyond the
line of the harbor or bulkhead lines as established or changed by any government, or to
filled-in lands, or artificial islands, or to riparian rights or other statutory water rights, or
the rights or interests of the state in which the Property is located or the public generally
in the area extending from the line of mean low tide to the line of vegetation, or the right
of access to or right of easement along and across the same; and any other printed
exceptions that are customary for an Owner's Title Policy in the State of Texas. The
Owner's Title Policy shall be provided as soon as practicable after Closing.
6.5. Purchaser's Obligations at Closing. At Closing, Purchaser will deliver, or have
delivered in accordance with local custom and practice, to the Title Company the following:
(a) Cash Funds. The cash funds for the Purchase Price (as defined in Section
2.1).
(b) C. Ct�sLng__Qocuntent,�. Any other necessary or appropriate items or
instruments reasonably requested by the Title Company or Seller.
(c) Evidence ol" !1 uthol&,. Any documents reasonably requested by the Title
Company or required by this Contract to confirm that this transaction and the parties
executing the documents are fully authorized and empowered to act.
6.6. Delivery of Possession. Possession of the Property will be delivered to Purchaser
at Closing, after completion of funding, subject only to the Permitted Exceptions.
Page 8 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
ARTICLE 7
7.1. Sellers representations, Warranties, and Covenants. Seller represents,
warrants, and covenants to Purchaser the following:
(a) Authority. Seller has been duly organized and is in good standing under
the laws of the state of its organization. Seller has the legal right and authority to enter
into this Contract and to transfer all of the Property under this Contract. The person
signing this Contract on Seller's behalf is authorized to do so.
(b) Titley to Property. The Seller has good and indefeasible fee simple title to
the Property, subject only to the Permitted Exceptions.
(c) Leases, All Leases shall have expired or otherwise terminated and any and
all tenants or parties occupying the Property pursuant to the Leases shall have
permanently abandoned and vacated the Property, including without limitation, all
personal property of any such tenants or parties, on or before the date of Closing.
(d) Condemnation, Legal Action. To Seller's actual knowledge, there is no
pending or threatened condemnation or similar proceeding affecting the Property or
pending liens in, about, or outside the Property that will affect the Property or access to it,
nor any legal action of any kind affecting the Property that will affect Purchaser, nor is
any such legal action presently contemplated.
(e) Governmental Require menu. To Seller's actual knowledge, Seller has
complied with all applicable laws, ordinances, regulations, statutes, rules, and restrictions
pertaining to and affecting the Property, and Seller's performance of this Contract will
not result in any breach of, constitute any default under, or result in imposition of any lien
or encumbrance on the Property under any agreement or other instrument to which Seller
is a party or by which Seller or the Property might be bound.
(f) l,,nvironrrient,a . Seller has no actual knowledge of and has not received
any written notice about any violation of Environmental Laws related to the Property or
the presence or release of Hazardous Materials on or from the Property or any adjacent
property. Seller has not received any written notice of any threatened or pending suit or
proceeding concerning the Property relating to any Environmental Law. The term
"Environmental Laws" includes the Resource Conservation and Recovery Act, the
Comprehensive Environmental Response Compensation and Liability Act, and other
federal laws governing the environment, pollution, or hazardous materials in effect on the
Effective Date of this Contract, together with their implementing regulations and
guidelines as of the Effective Date of this Contract, and all state, regional, county,
municipal, and other local laws, regulations, and ordinances that are similar to the federal
laws stated above or that purport to regulate the environment, pollution, or hazardous
materials. The term "Hazardous Materials" includes any substance, material waste,
Page 9 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
pollutant, or contaminant regulated, listed, or defined as hazardous or toxic under any
Environmental Law. To Seller's actual knowledge, the Property has not been used as a
landfill or as a dump for garbage or refuse.
(g) Terrorist Organizations Lists. Neither Seller nor, to Seller's actual
knowledge, any of its respective partners, members, shareholders, owners, employees,
officers, directors, representatives, or agents is or will become a person or entity with
whom U.S. persons or entities are restricted from doing business under regulations of the
Office of Foreign Asset Control of the Department of the Treasury (including those
named on the OFAC's Specially Designated and Blocked Persons List) or under any
statute, executive order (including the September 24, 2001, Executive Order Blocking
Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit,
or Support Terrorism), or other governmental action.
(h) Pending Actions. To Seller's actual knowledge, Seller has not received
written notice of any action, lawsuit, arbitration, unsatisfied order or judgment,
government investigation, or proceeding pending against Seller that, if adversely
determined, could materially interfere with the transaction contemplated by this Contract.
(i) No New or Aniendcd _Agreements. After the Effective Date and
continuing through the earlier of the Closing Date or the termination of this Contract,
Seller will not, without Purchaser's prior written consent, which may be withheld or
denied in Purchaser's sole discretion, enter into any leases, licenses, occupancy
agreements, or other agreements providing for the use or occupancy of the Property or
services for the Property for a term that extends beyond the Closing Date.
(1) Further Action of Seller. From the Effective Date until the date of Closing
or earlier termination of this Contract, Seller shall:
(i) Advise the Purchaser promptly of any litigation, arbitration, or
administrative hearing, or claims related thereto, concerning or affecting the
Property.
(ii) Not take, or omit to take, any action that would result in a violation
of the representations, warranties, covenants, and agreements of Seller.
(iii) not sell, assign, lease or convey any right, title or interest
whatsoever in or to the Property, or create, grant or permit to be attached or
perfected, any lien, encumbrance, or charge thereon.
(iv) Seller shall indemnify and hold Purchaser harmless, to the extent
permitted by law, from all loss, liability, and expense, including, without
limitation, reasonable attorneys' fees, arising or incurred as a result of any liens or
claims resulting from labor or materials furnished to the Property under any
written or oral contracts arising or entered into prior to Closing.
Page 10 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
(v) Seller shall provide any necessary written authorization required
by Purchaser prior to Closing for any permitting, planning or zoning applications;
provided, however, that no permitting, planning or zoning shall become final prior
to the Closing Date, including, but not limited to, the filing and recording of any
plats.
7.2. Purchaser's Rc resentations Warranties and Covenants. Purchaser
represents, warrants, and covenants to Seller the following:
(a) Autliori_t . Purchaser has been duly organized and is in good standing
under the laws of the state of its organization. Purchaser has the legal right and authority
to enter into this Contract and to make the transactions under this Contract. The
execution, delivery, and performance of this Contract have been duly authorized, and no
other action by Purchaser is required for the valid and binding execution, delivery, and
performance of this Contract, except as otherwise expressly provided. There is no
agreement to which Purchaser is a party or, to Purchaser's knowledge, binding on
Purchaser that is in conflict with this Contract.
(b) Terrorist Organizations lists. Neither Purchaser nor, to Purchaser's actual
knowledge, any of its respective partners, members, shareholders, owners, employees,
officers, directors, representatives, or agents is or will become a person or entity with
whom U.S. persons or entities are restricted from doing business under regulations of
the Office of Foreign Asset Control of the Department of the Treasury (including those
named on the OFAC's Specially Designated and Blocked Persons List) or under any
statute, executive order (including the September 24, 2001, Executive Order Blocking
Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit,
or Support Terrorism), or other governmental action.
7.3. As Is. Once the Review Period has expired, Purchaser will have examined and
inspected the Property, reviewed all instruments, records, and documents that Purchaser deems
appropriate or advisable to review in connection with this transaction, and, at its own cost and
expense, made its own independent investigation into the Property and all other aspects of this
transaction.
PURCHASER AGREES THAT, EXCEPT FOR SELLER'S REPRESENTATIONS AND
WARRANTIES IN SECTION 7.1, SELLER HAS NOT MADE, DOES NOT MAKE, AND
SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES ABOUT THE
COMPLIANCE OR NONCOMPLIANCE OF SELLER OR ANY OTHER PERSON OR
ENTITY OR THE PROPERTY OR ITS OPERATION WITH (A) ALL CODES, LAWS,
ORDINANCES, REGULATIONS, AGREEMENTS, LICENSES, PERMITS, APPROVALS,
AND APPLICATIONS OF OR WITH ANY GOVERNMENTAL AUTHORITIES
ASSERTING JURISDICTION OVER THE PROPERTY, INCLUDING BUT NOT LIMITED
TO THOSE RELATING TO ZONING, LAND USE, BUILDING, PUBLIC WORKS,
PARKING, FIRE AND POLICE ACCESS, HANDICAP ACCESS, LIFE SAFETY,
SUBDIVISION AND SUBDIVISION SALES, AND HAZARDOUS AND TOXIC
Page 11 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
SUBSTANCES, MATERIALS, CONDITIONS, OR WASTE, AND (B) ALL AGREEMENTS,
COVENANTS, CONDITIONS AND RESTRICTIONS (PUBLIC OR PRIVATE),
DEVELOPMENT AGREEMENTS, BUILDING RULES, AND OTHER INSTRUMENTS
AND DOCUMENTS GOVERNING THE USE, DEVELOPMENT, AND OPERATION OF
THE PROPERTY. PURCHASER AGREES THAT THE PROPERTY WILL BE SOLD AND
CONVEYED TO (AND ACCEPTED BY) PURCHASER AT CLOSING IN ITS CONDITION
AT THE TIME, AS IS, WHERE IS, WITH ALL FAULTS, AND WITHOUT ANY
WRITTEN OR ORAL REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED,
OR ARISING BY OPERATION OF LAW, OTHER THAN THE SPECIAL WARRANTY
OF TITLE IN THE DEED. FURTHER, PURCHASER REPRESENTS AND WARRANTS TO
SELLER THAT PURCHASER HAS KNOWLEDGE AND EXPERTISE IN FINANCIAL AND
BUSINESS MATTERS THAT ENABLE IT TO EVALUATE THE MERITS AND RISKS OF
THE TRANSACTION CONTEMPLATED BY THIS CONTRACT AND THAT PURCHASER
IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION. PURCHASER
AGREES THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE THE CLOSING.
PURCHASER WILL RELY SOLELY ON ITS OWN INVESTIGATION OF THE PROPERTY
AND NOT ON ANY INFORMATION PROVIDED BY SELLER, ITS AGENTS, OR ITS
CONTRACTORS. SELLER WILL NOT BE LIABLE OR BOUND IN ANY WAY BY ANY
ORAL OR WRITTEN STATEMENTS, REPRESENTATIONS, OR INFORMATION ABOUT
THE PROPERTY OR ITS OPERATION FURNISHED BY ANY PARTY PURPORTING TO
ACT ON SELLERS BEHALF.
8.1. Purchaser's Default. If Purchaser defaults in its obligation to purchase the
Property from Seller under this Contract, Seller may, as its sole and exclusive remedy for the
breach, terminate this Contract by written notice to Purchaser and the Title Company, and upon
any such termination the Title Company will immediately deliver to Seller the Earnest Money
Deposit, which is agreed on as the amount payable by Purchaser to Seller in consideration of
Purchaser having the option to refuse to purchase the Property without any liability on account of
its refusal other than payment of the Earnest Money Deposit.
8.2. Seller's Default. If Seller defaults in its obligation to convey the Property to
Purchaser under this Contract, the Purchaser may, as its sole and exclusive remedy, either
(i) terminate this Contract by written notice to Seller and the Title Company, in which event the
Earnest Money Deposit will be returned to Purchaser, or (ii) enforce specific performance of
Seller's obligations under this Contract. In no event will Seller be liable to Purchaser for any
actual, punitive, speculative, consequential, or other damages.
1
9.1. Risk of Loss. Risk of loss due to casualty up to and including the Closing Date
will be borne by Seller (as between Seller and Purchaser), except to the extent of any loss or
Page 12 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
damage caused solely by the acts of Purchaser or its agents, employees, contractors, or invitees.
The provisions of this Section will govern despite any contrary provisions of Texas Property
Code Section 5.007.
9.2. Condemnation. By written notice to Purchaser given within five (5) days after
Seller receives written notice of proceedings in eminent domain affecting the Property that are
contemplated, threatened, or instituted by anybody having the power of eminent domain,
Purchaser may (a) terminate this Contract and the Earnest Money Deposit will be immediately
returned to Purchaser without the necessity of obtaining any consent or release by Seller, or
(b) proceed under this Contract, in which event Seller will, at Closing, assign to Purchaser its
entire right, title, and interest in and to any condemnation award. The provisions of this Section
will govern despite any contrary provisions of Texas Property Code Section 5.007.
ARTICLE 10
BROKER FEES AND COMMISSIONS
10.1. Brokerage Fees. At Closing, Seller will pay a brokerage commission to Robert
Rayner and Daniel McCormack ("Broker") under a separate written agreement. No commission
will be due and payable if this transaction fails to close and fund for any reason, including
Seller's default. Seller warrants and represents to Purchaser that all claims for brokerage fees,
commissions, finder's fees, or other similar fees in connection with this Contract will be paid by
the Seller, and that Seller indemnifies and holds the Purchaser harmless from and against all
liability, loss, cost, damage, or expense (including reasonable attorney fees and litigation costs)
that the Purchaser suffers or incurs because of any claim by any broker, agent, or finder claiming
any compensation under such an agreement with respect to the sale and purchase of the Property
or the execution of this Contract. Purchaser has not contacted or retained a broker, agent, or
similar person in connection with the negotiation or execution of this Contract. To Purchaser's
actual knowledge, brokerage fees, commissions, finder's fees, or other similar fees in connection
with this Contract is due or owing on its behalf to any such person or entity.
ARTICLE 11
NOTICE
11.1. Notice Designation. All notices required or permitted under this Contract must be
in writing and be served on the parties at the addresses listed below. Unless otherwise provided,
all notices must be given or served (a) by overnight delivery using a nationally recognized
overnight courier, (b) by personal delivery, (c) by fax transmission during normal business hours
with a confirmation copy delivered by another method permitted under this Section other than e-
mail, or (d) by e-mail sent to the e-mail address listed below with a confirmation copy delivered
by another method permitted under this Section other than fax transmission. Notice given by all
permitted forms other than fax transmission or e-mail will be effective on the earlier of actual
delivery to the address of the addressee or refusal of receipt by the addressee (even if the
addressee refuses delivery). Notice given by fax transmission or e-mail will be effective on the
transmission or attempted transmission of a fax to the phone number designated as the recipient's
fax number during normal business hours or an e-mail to the e-mail address designated as the
Page 13 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
recipient's e-mail address during normal business hours. A party's address, fax number, or e-
mail address may be changed by written notice to the other party, but a notice of change is not
effective until actual receipt of the notice. Copies of notices are for informational purposes only,
and a failure to give or receive copies of any notice will not be deemed a failure to give notice.
Notices given by a party's attorney will be deemed given by that party. The notice addresses of
the parties are specified below until further notice:
Seller:
John M. McCormack
Terrano Realty, Inc.
1303 Campbell Road
Houston, Texas 77055
Phone: 713-984-0200
Fax:
Email:
with a copy to:
Name:
Address:
Phone:
Fax:
Email:
Purchaser:
Galen Gillum
Denton Municipal Electric - City of Denton
1659 Spencer Road
Denton, Texas 76205
Fax: (940)
Email: galen.gillum@cityofdenton.com
with a copy to:
Lawrence C. Collister, Deputy City Attorney
City of Denton
215 E. McKinney St.
Denton, Texas 76209
Fax: (940)382-7923
Email: larry.collister@cityofdenton.com
12.1. 3indin Y A,,r•eement. This Contract and all of its terms, provisions, and covenants
will apply to, be binding on, and inure to the benefit of the parties and their respective successors
Page 14 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
and assigns.
12.2. 11cadings. The headings used in this Contract are for convenience only and are
not intended in any way to limit or expand the terms and provisions of this Contract.
12.3. Time of Essence. Time is of the essence in this Contract.
12.4. Governing Law, This Contract will be governed by and interpreted under the
laws of the State of Texas, regardless of any conflict -of -law rules. This Contract will be
specifically performable in Denton County, Texas.
12.5. Entire Agreement. This Contract contains the entire agreement of the parties. All
understandings, discussions, and agreements previously made between the parties, written or
oral, are superseded by this Contract, and neither party is relying on any warranty, statement, or
representation not contained in this Contract.
12.6. Amendment. This Contract may not be altered, changed, or amended except by a
written agreement signed by all parties.
12.7. Counterparts. This Contract may be executed in two or more counterparts, each
of which will be deemed an original and all of which together will constitute one agreement.
12.8. Date Comhlt tion If any significant date falls on a Saturday, Sunday, or federal
or state holiday, the date will be deemed moved to the next business day that is not a Saturday,
Sunday, or federal or state holiday. The term "business day" means a day that is not a Saturday,
Sunday, or federal or state holiday.
12.9. Contract Consideration. In addition to the Earnest Money Deposit, Purchaser
will pay to Seller the amount of One Thousand and No Cents ($1,000.00) as independent
contract consideration for Seller's execution and delivery of this Contract and all of its
provisions, including Purchaser's right to terminate this Contract during the Review Period. This
consideration is in addition to and independent of any other consideration or payment provided
in this Contract and is nonrefundable to Purchaser.
12.10. Confidentiality. Before Closing, Seller and Purchaser will not disclose the
content or substance of the terms, conditions, and provisions of this Contract to any person or
entity without the other party's written consent. However, nothing in this Section prohibits
Purchaser from disclosing the terms of this Contract to Purchaser's attorneys, accountants,
lenders, engineers, and partners. The confidentiality provisions of this Section will not apply to
any matters of public record or matters generally known to the public, or any disclosures made
by Purchaser or Seller as required by law, ordinance, subpoena, court order, or regulation.
Purchaser and Seller will give each other written notice before making any disclosure under a
subpoena or court order.
12.11. Assi umenl. Purchaser will not assign, transfer, or convey its rights or
obligations under this Contract or with respect to the Property without Seller's written consent.
Page 15 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
12.12. Effective Date. The date that Purchaser executes this Contract will be the
Effective Date of this Contract.
12.13. Construction. This Contract is the result of negotiations between the parties,
neither of whom has acted under any duress or compulsion, whether legal, economic, or
otherwise. Accordingly, the terms and provisions of this Contract will be construed in
accordance with their usual and customary meanings. Seller and Purchaser waive the application
of any rule of law that would otherwise apply in the construction of this Contract that ambiguous
or conflicting terms or provisions should be construed against the party who (or whose attorney)
prepared the executed Contract or any earlier draft of it.
12.14. Exp han e, Seller may elect to participate in a tax-deferred exchange under the
Internal Revenue Code. If Seller elects to participate, Purchaser will reasonably cooperate with
the election; however, Purchaser will have no obligation to incur any cost or liability or to take
title to any real property (other than Purchaser's acquisition of the Property under this Contract),
and the Closing will not be conditioned on or unreasonably delayed by any exchange. If Seller
elects to participate Seller will provide all documents requested from the other party at least three
(3) business days before the Closing and will indemnify and hold Purchaser harmless from any
claims, liabilities, or damages arising from the cooperation, and the indemnity obligation will
expressly survive the termination or Closing of this Contract.
12.15. Attorney laces. If it becomes necessary for either Seller or Purchaser to employ
legal counsel or to bring an action at law or other proceeding to enforce any of the terms,
covenants, or conditions of this Contract, the prevailing party in any action or proceeding will be
entitled to recover its costs and expenses incurred, including its reasonable attorney fees, from
the other party. The term "prevailing party" means the party that has succeeded on a significant
issue in the litigation and achieved a benefit with respect to the claims at issue, taken as a whole,
whether or not damages are actually awarded to that party.
12.16. Survival Clause. The provisions of Section 5.1 (a), Section 6.3, Article 7, and
Article 10 of this Contract will survive the Closing for a period of six (6) months and remain in
full force and effect between the parties for that period.
--- This space left blank intentionally ---
Page 16 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
UNIM-M
ORM
M
U
Printed Name
Title
;PA-cs — ...........
Signed on the 67day of November, 2016.
NW Realty, lnc./a'res 96rpofpti
01,
e17
k1l
/x// 4<4
Printed Naniq--)
Title
Signedonthe9 '- day of November, 2016.
MedanjoPartuers,lAil a Texas limited01� nership
By and throe i?S e' tlp, 7tjjt ra Texas limited liability company
A�pawi, L any i p
Fav; 0
SWre
Printed Nave')
Title
Signed on the ltday of Noveuiber, 2016.
Page 17 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
PURCHASER:
City of Denton, a Texas home -rule municipal corporation
By:
Howard 'M a rti it, I tee iin City Manager, under the authority
of City of Denton Ordinance No. 2016 -
Signed on the day of November, 2016.
Eywrom
rifer Walters, City tary
A'ROVE AS TO FORM:
Anita Burgess, City
Attorney
Page 18 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
ACCEPTANCE 13Y TITLE COMPAN)/.
The undersigned title company, Reunion Title, referred to in this Contract as the Title
Company, acknowledges receipt of a fully executed copy (or executed counterparts) of the
Contract, and accepts the obligations of the Title Company as stated in the Contract.
TITLE COMPANY:
Reunion Title
By:
Signature
Printed Name
Title
Signed on the day of November, 2016.
Page 19 of 19 - Real Estate Sales Contract (City of Denton/Brinker SS and related easements)
111111111
0 0 , oc an a pa 0 11 Pky 1-WURIVII. Ful t1lu I '11ap . '0I—T"U�v III
G. Page 346 of the Plat Records of Denton County, Texas, and also being all of that certain 100 foot widt
right-of-way shown as Morse Road an said Final Plat, and being more particularly described as follows:
P-9
011 0 1 91 a 0 10M 0 a
Slow N
stamped 'TNP" set for comer,
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 comer 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 42'5243", a radius of 885.00 feet a chord bearing of South
67*54'110 East, a chord distance of 646.96 feet and an are length of 662.31 feet to 5/8 inch iron rod with cap
stamped "TNP" set for comer;
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 comer in the South line of said 318.937 acre tract,
said point also being in the North line of a called 53.665 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 87054'05" 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 corner at
the most Southerly Southwest comer of said 318.937 acre tract, said point also being the most Easterly
Southeast comer of Lot 2, Block 2 of Municipal Utility Addition, per the Replat recorded in Document No.
2009-139 of the Plat Records of Denton 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 W.99 feet to a 1/2 inch iron rod with ca �,* stamjxAd "H&N 18490 found for comer at
the Northeast corner of said Lot 2. Block 2, said point also being the Southeast comer of said 27.7486 acre
tract;
co,
U
NZ, Rm- 0
being the Southeast corner of said NW Realty tract;
THENCE North 03'04'004 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 containino 38.889 acres of land, more
LOJE11blujus foa
EXHIBIT B - to contract
NOTICEOF CONFIDENTIALITY1
REMOVEMAY OR ALL OF / /WING INFORMATION FROM
PROPERTYANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL BEFORE
FILEDIS FOR RECORD IN THE PUBLICRECORDS:1SOCIAL SECURITY
NUMBER OR YOURDRIVER'S
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, (the "GRANTOR"), for and in consideration of Ten Dollars
($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF
DENTON, a Texas home rule municipal corporation, which is located in Denton County, Texas, and
whose mailing address is 215 E. McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold,
and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual, non-
exclusive, and unobstructed easements and rights of way (collectively, the "EASEMENT") for the
purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or
above ground electric transmission and electric distribution power and/or communication lines, each
consisting of a variable number of wires and cables, along with all necessary, convenient, or desirable
appurtenances, attachments and supporting structures, including without limitation, foundations, guy
wires and guy anchorages, and structural components (collectively referred to herein as the
"FACILITIES"), in, on, over, under and across that certain real property situated in Denton County,
Texas, being more particularly described in Exhibit "A" and illustrated in Exhibit "B" attached hereto
and incorporated into this document by reference (the "EASEMENT PROPERTY").
GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the
EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve,
reconstruct, increase and reduce the size and capacity, repair, relocate, inspect, patrol, maintain,
remove or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from
time to time find necessary, convenient, or desirable, along with the right to do all things necessary or
convenient for full use and enjoyment of the above grant. GRANTEE shall have the right, at
GRANTEE'S sole cost and expense, to trim or remove trees or shrubbery within said EASEMENT
PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to prevent
possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may further, at
GRANTEE'S sole cost and expense, install gates in existing fences within such EASEMENT
PROPERTY. GRANTOR shall not make changes in grade, elevation or contour of the EASEMENT
PROPERTY or impound water within, over and/or across the EASEMENT PROPERTY without prior
written consent of GRANTEE.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the
exercise of GRANTEE's rights hereunder. GRANTOR shall not construct, and GRANTEE shall have
the right to prevent the construction of buildings, structures, signs, or other obstructions of any kind
("UNPERMI'l-FED STRUCTURES") on the EASEMENT PROPERTY. If any UNPERMITTED
STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT
PROPERTY without prior written consent of GRANTEE, then GRANTEE shall have the right to
remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such
removal. GRANTOR may, following written consent by GRANTEE, construct buildings, structures,
or other facilities within the EASEMENT PROPERTY, where GRANTEE determines, in its sole
discretion, such construction will not interfere with the safety or operation of the FACILITIES.
2
GRANTOR, following written approval from GRANTEE, such approval not to be unreasonably
withheld or delayed, may construct (i) above -ground perpendicular crossings across the EASEMENT
PROPERTY, for vehicular access only, including gravel and/or pavement, and (ii) underground
perpendicular crossings for utilities However, in no event shall the border of any crossing constructed
by GRANTOR be closer than twenty feet (20') from the base of any facility installed by GRANTEE.
Further, GRANTOR retains the right to install landscaping within the EASEMENT PROPERTY.
Landscaping installed by GRANTOR may include ground cover, plants, shrubs, and trees, not to
exceed three feet (3') in height. Absent written approval from GRANTEE, such approval not to be
unreasonably withheld or delayed, all crossings shall not change the present slope of the easement.
GRANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. However, GRANTOR agrees not to assign further easement rights within the
EASEMENT PROPERTY to any other utility providers without the prior, written consent of
GRANTEE. Upon written consent of GRANTEE, such consent to be exercised at the sole discretion
of GRANTEE, other utility providers may be permitted by GRANTEE under separate grant from
GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on,
over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be
permitted by GRANTEE in writing. Nothing herein shall be construed to require GRANTEE to allow
such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and their respective successors and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
3
WITNESS THE EXECUTION HEREOF on the day ofkv" ( 2016.
[600►9
LIM
a
F418100=401
This instrument was acknowledged before me on the day of 2016,
by of and acknowledged to me that his
signature is the act of the said partnership and that he executed the same on behalf of the said
partnership and in the capacity therein stated.
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
Real Estate and Capital Support
901 -A Texas Street, 2 "d Floor
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, State of _
My commission expires:
0
I MMI I I H 0•
W---
K;J A rM I
Alymadwimp V-
I�MIETRMHFIIIIUFIMAMT�- Moll Milt
mama, 1111"1111100
rac an e mos 0 e corn r oT sain -itame-g4Lan
feet;
r -Q tKIMM1121
IIATM i
lot .10-1
C"QTQ vuu""Y VI rwful O's
with cap starriped'TNIP" set for corner;
&A Ili RM = ME iffrit rM, =1-71
acre tract bears North 54'4B'42 West a distance of 30.77 feet;
WIK Bearw96 are tefemored to grid wah of Ova Texas Qoom6oiiato yslow of 1983 *xrh Control ZOM, NAD83d207 1) Epoch 2010) Us
derived locally (romp WeSI&M Date SyStenr2S Continuously operating Reference Silalrons (CONS) via Real leme xonernauc 00'X) survey
methods. Distances re. omsent surface values OWng a surface adjustment factor of 1.000147317 to scale from Odlo surface,
o•r
Todd B. Turner, R.P.L.S. No. 4659
Teague Nall & Perkins
1617 Centre Plaoe Drive, Suite 320 TWO a . IURNER
Denton, Texas 76205 .................... V•-
940-383-4177 4869
0
Cale: June 1, 2016
Revised: August 22, 2016 (AdcImss Till& Commitment Schedule, 8 (terns!
Elec,Vc EasemenP — Terratio Realty Tract Page 9of2
513971�11 �-�
Medanjo Partners Tract
LZRIM01111,14DOM 2 0161%
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 pal of a called 72,761 acre tract of land described as Exhibit A Part I in a Dead to Medarjo Partners,
Ltd., as recorded in Document No. 2015-764 of the Official Records of Denton County, Texas, and being more particularly
described as follows-,
-"#$I( TdK#1*jJiU4jL*j I Gill 11iW 0.11 0 C41 I Ill A IN IYAW 0 W I .
auffiffil F40 Nil 11 -111=111WY
ij _ _W alm
to Arthur 0- McNltzky Post No. 71, American Legion, Denton, Texas, as recorded in Volume 561, Page 464 of the Deed
Records of Denton County, Texas;
THENCE Norih 020129 West along the West line of said 72-761 acre tract and the East line of said Brinker Road, for 7.
dWance of 38.34 feet to a point for comer-,
rUmt—M
county. j exas an(j Ine lJortneast comer oT Lot b, tj[ocK I M the Keplal or -::)pencer tiquare, as rprFornAnin I an -not T 'ra
"a
74 of the Plal Records of Denton County, Texas:
THENCE North 88'OD'I 1 " West along the South line of said 72.761 acre tract and the North fine of said Lot 6, Blw* 1, fo
Lo* 6, Block I and the Northeast corner of said 117 acre tract:
THENCE North 87'64'05" West along the South line of said 72.761 acre tract and the North line of said 17 acre tract. for
distance of 670-42 feet to the POINT OF BEGINNING, and containing 0.13DO acres of land, more or less.
SE114G 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 ••.^tract of land described as Exhibit A Part I In a Dead to Medanjo Partners,
recorded in Document No. 2015-76-1 of the Official Records of Denton County, Texas, and being more particularly
described as follows:
QW1140MAMMIN ran# An
141 Ulm-ro=UM WIN
Elect& Easement — Medanjo Parinars Tract page i or 5
THENCE North 87425'34" West continuing along [he North line of said 20 Public Utility Easement, for a distance of 57-12
feet to a point for corTier in the East line of a 70 Public Utility Easement per instrument recorded in Volume 1085, Page 717
V. the Deed Records of Denton County, Texas;
THENCE North 00*24'46" East departing the North line of said ent, and along the East line of said
70' Public Utility Easement, for a distance of 33,92 feetto a point for corner;
THENCE South 87*5554 East departing the East line of said 70 Public Utility Easement, for a distance of 60198 fee to a
point for corner at the beginning of a non -tangent curve to the right;
TI1ENCE in a Southerly direction, along said rion-tangent curve to the right having a central angle of 00'42'4Z', a radius of
277419 feet, a chord beafirig of South 06"60'65" Westj a cl-iord distance of 34M feet and an arc length of 34.53 feet to the
POINT OF BEGINNING, and containing 0,046 acres of land, more or less.
Tc d 0. Tumer, RF,LS, No, 4859
.1-
Teague all & Perkins see w
1517 Centre Piece Drive, Suite 320
Denton, Texas 76205 T000 11. n"RM
94D-383-4177 w.% �' 4859
Date: June 1, 2016 N01 110"4
R
<I, ..Qp evised. August 2i, 2016 (Address Tide Corriounent Schecime B Items)
Efectric Easement— Medanjo Partners Tract Page 2 of 5
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EXHIBITE -to contract
Ill BIT "A"
ELECTRIC EASEMENT
Staff Realty Tract
BEING a 0.042 acre tract of land situated in the Mary L. Austin Survey, Abstract No, 4, City of Denton, Denton County,
Texas, and beteg a part of a called 316,937 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 518 inch Iron rod with cap starnped',TNP" set for the Southwest comer of the above cited 3118,937 acre
tract, said point being the most Easterly Southoaut comor of Lot 2, Block 2 per the Replat of MunicPat Utility Addition, as
recorded in Document No 2009.139 of the Plat Records of Denton County, Texas, said point also being In ilia 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, 1'exas, from which a 112 inch Iron rod found for the Northwest corner of said 53.865 acre
tract and an interior oil 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 316.037 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" got for corner at the POINT OF BEGINNING for
the herein described easement;
THENCE North 02'49'24" Earl 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" Last along the West line of said Brinker Road, far a distance of 3I3.22 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 'WAl" 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 foot to the POINT OF BEGINNING, and containing 0,642 acres of land, more or less,
Ngr 8Qa;qr)qs are referenced to grid north Of MO -r090,q COO?dinOTO System of '1983 (North COMMI Z01M NADB3(201 1) Epoch 2010) os
defiVed 1000HY frOM WOMM DOW SYMMS Collilnry"Sfy 0P0fV"r*Q Reference Srarfolls (CORS) via Real TI Mc Killerrtaric i'RTK) survey
orrefhods. Distances mpros0n? SWOCO MUGS utIl1zfIr9 a sjjrraCe 9djusInjo fit fe cror of 1, 000 147317 fO sea(® trOrn 961110 SWWO,
F
Todd B. Turner, R,P-L.S- N 0
Into, 4850 . ........
Teague Nall & Perkins S YCA' .
1517 Centre Place Drive, Suite 320
Denton, Texas 76206 .......`T=8. TURNER
"'•`""'"°'"'""'
940-383-4177 .........•
Date: June 1, 2016 4859
Revised: September 02, 2016 (Address T-Itle Commitment Schedule 0 Items)
0.642 Acre Electric Easement — Staff Realty Tract Page 1of3
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EXBlBZ7F - to contract
EXHIBIT "
ELECTRIC EASEMENT
NW Realty Tract
BEING o0.919acre tract of land sitLwted in the Mary LAustin Survey, Abstract No. 4, City of Denton, Denton County,
Texas, and being apallo(that tract o/land described inmDeed tnNVv oarecorded mumoumen,No. vo+^onvu/
ofthe 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
Norlh88^2V'1c^West adistance of7usJVfeet;
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 comer;
THENCE South 89*28'12" East for adistance of 667.96 feet to a point for corner inthe 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 346ofthe Plat
Records ufDenton County, Texas;
THENCE South 03°0*'00" VYwa\ along the East ||me ofxmW MVY Really tract and the VYoma line of said Lot 1, Block 2, for a
distance n(00.00feet toapoint for the Southeast corner ofsaid mVV Realty tract, said point also being in the North line of Loi
2, Block 2 per the Replat of Municipal Utility Addition, as recorded in Document No. 2009-139 of the Plat Records u[Denton
County, Texas, from which o1/uinch iron rod with cap stamped ^H@N 1u48''found for the Northeast corner pfsaid Lot u.
Block obears South uo^01'4a^East odistance vf0O4.29feet;
THENCE North 89'26'12" West along the South line of said NW Realty tract and the North line of said Lot 2, Block 2,
most Nofu�4L�2���2m��o��hou��mmrof��3�
passing --m-'° distance`' � of and continuing | the 8u�hUnmofom�NVVRee tract and �nNo�hUne
of said 30' Street Easement
Easement,
for om�|dio��oeof8O0.72feet \uthe POINT OPBEGINNING, and containing [\81Oacres cf
land, more mless.
NOTE Bearings ate referenced to g6d north of the Texas coordinate systern of 1983 (North Central Zone; NAD83(2011) Epoch 2010) as
defived imally from Weslom Data Systems Continuously Operaling Reference Stations fCORS) via Real T�nie Kinematic fRTK) swvey
niethods. Distances ropfesent surface valvas utilizing a surface adjustment faclorof 1.000147317 to scale from grid to surface.
todB )T/ulrner AkP.
Teague Nall mPerkins
1a17Centre Place Drive, Suite 320
Denton, Texas 7o205
940'383-4177
Date: June 1, 2016
��/�o
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EXHIBIT G - to contract
# b,
ELECTRIC EASEMENT
Staff Really Tract
BEING a 4,636 acre tract of land situated in the Mary L. Austin survey, Abstract No. 4. City of Dent Inc,, es ro enton County,
1'exas, and being a hart of a called 318.937 acre tract of land described in a Deed to Staff Really,
Document No. 94006845 of the foal Property Records of mentoIn
n Courtly, Texas, and being more particularly described as
follows;
COMMENCING at a 518 inch iron rod found for an interior all corner of the above cited 318.937 acre tract, said point being
tfae southwest corner of a called 1.54 acro tract of land described in a Deed to Lestee Ann I fill, as recorded in Volume 4400,
Page 2954 of tite 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 fart 2 in a head to Medranto Partners, Ltd„ as recorded in Document No. 2015-754
of the Official Records of Denton County, Texas, from which a 112 inch iron rod with cap stamped "WAI` found for the
st corner of said 1 000 acre tract bears north 8818'05'" West a distance. of 208,70 feet, and a 112 inch iron rod with
Northwest cap stamped
co corner
found for the Southeast corner of said 1,54 nacre tract bears South e8°18'05"' fast a distance of 204.39
feet;
THENCE North 00°31'31" Ernst along an interior East line of said 318.x937 acre tract and lire West line of said 1.54 acre tract,
for a distance of 298.70 feet to a 112 inch Iron rod found for an Interior ell corner of said 318.937 acre tract and the Northwest
cornier of said 1.54 acre tract, from which a 518 inch iron rod found for the Northeast corner of said 1.54 acre tract bears
South 88"{19`10" East a distance of 201.32 feet;
said 1 54 acre tract and se
THENCE North 72°29'54" West departing the Northwest corner sat" d anterior ell corner, for
distance of 39.20 feet to a point for comer at the POINT OF BECsINNthIO for the heroin described era aernent, said point also
being in the 'West line of an existing Electric Easement described as the Second Tract per instrument recorded in 'Volume
1084, gage 160 of the Deed $Records of Denton County, Texas;
for corner
vTHENCE Souh 42,5'44" West for a distance of 65.72 ariable w dthtrighi of -way per Document No. 2008-212943fof the officialeet to a lReco ds of rShady Oaks Drive, a
Denton County, Texas:
THENCE in a 'Southwesterly direction, along the North line of said Sl-aady Oaks Drive, and along a noir-tangent curve to the
left having a central angle of 03"53'38" a radius of 995,00 feet, a chord bearing of South 61102'30" West, a chord distance
of 07.61 feat and an arc lengthedof A7. 2 foundfeet toln then South Ina of saa 5)8 inch iron rod wit�9d Shady Oaks DrCap Stamped ive beardsfor south 30°54'11" East la
inch Iron rod with Cap stamp
distance of 170.00 feet;
THENCE South 59105'42" 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 comer at the beginning of a curvy: to the right;
THENCE in a Southwesterly direction, continuing along the North fine of said Shady Oaks Drive, and along said curve to the
us of 905-00
South
of 49.78 feet andnan arc length of 309'07",
feet to ea 518 ch iironerod with cap bearing
stapedf"TNP eft for corner;
est, a chord distance
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
518 inch iron rod with cap stamped "TNP" set for corner at the beginning of a non -tangent carve 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°4927`+ 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 518 Inch Iron rocs 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
518 inch iron rod with cap stamped "TNP" set for comer;
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 700.00 feet to a
518 inch iron rod with cap stamped `TNP" set for corner;
Page 1 of 8
4.636 Acre Electric Easement — Staff Realty Tract
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 starnped '°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 "TNI'" set for corner at the beginning of a curve to the right;
THENCEin 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 Scull, 89"49'57" West.., a chord distance of
160.04 feet, and an arc lengths of 160.43 feat to a 518 inch iron rod with cap stamped 'TNFP' set for corner;
THENCE South D6°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 "TNI" set for corner at the beginning of a non -tangent curve to the right;
THENCE in a Northwesterly direction, continuing along the North lint: of said Shady Oaks Dhve, and along said non -tangent
curve to the right having a central angle of 30°17'38," a radius of 695 00 (trait, a chord bearing of Norttr 6(1"11"43" West, irk
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 f=inal Plot of Municipal Utility Addition, as
recorded in Cabinet G, Page 346 of the flat Records of Denton County, 'Texas, from which the most southerly corner of an
existing Di ainarge and Utility Easement as shown on said Final Flat of Municipal Utility Addition„ beam South 02419'55"° West
a distance of 50.80 feet;
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 feel 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 feel to a point for corner;
THENCE North 42"57'44" East for a distance of 786.52 feet to a point for comer in the West line of said existing Electric
Easement recorded in Volurne 1084, Page 160;
THENCE South 00°03'31" West along the West line of said existing Electric Easement, for a distance of 110.19 feel to the
POINT OF BEGINNING, and containing 4.636 acres of land, more or less
/V TC oaarings are rotoronced to gig north tit the Texas Cow-diaaato Syslefrr of 1983 flVorth Confraf Zono,. IVAD83pol1) Epoch 201110) as
dorivocl iorally rrtana lhai)wfetrr Data Systoms continuausty oporraliny Relater— Mariana (CONS) via Read Tr"rnn €Clrrarrrralia (RTKji survey
rraatt;ods. 016(ancvs rsapmserIf surface vatuos ut+lirinr3 to surfracu tad)uslnkulat ftae ttaf or 1,000147317 to ,crate frons grid to surftave,
°4 R, F« 7
p�s'afEq".� f
....4 W ¢ar
Toa;fi Tearner, f Ca L S No 4859 ..,.�....,
Teague Nall & Perkins ....Moa TuRq
1517 Centre Place Drive, Suite 320"" " ' """`�""`"
Denton, Texas 76205 4859 �+
940-383-4177 'aF., s s....... ''�
Date: June 1, 2016 SUi;t,
Revised: September 02, 2016 (Address Title Commitment Schedule 8 Items)
4.636 Acre Electric Easement – Staff Really Tract
Page 2 of 8
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EXHIBIT H - to contract
� 1 r
Notice of confidentiality rights: If you are a natural person, you may remove or strike any
or all of the following information from any instrument that transfers an interest in real
property before it is filed for record in the public records: your Social Security number or
your driver's license number.
Date:
Grantor:
Grantor's Mailing Address:
Grantee: City of Denton, a Texas home -rule municipal corporation
Grantee's Mailing Address:
215 E. McKinney St.
Denton, Texas 76201
Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of
where are hereby acknowledged
Property (including any improvements, rights, privileges, hereditaments and appurtenances
thereon on in any way appertaining thereto):
See attached Exhibit A.
Reservations from Conveyance:
1. For Grantor and Grantor's successors and assigns forever, a reservation of
all subsurface oil, gas, and minerals of every kind and character, including, without
limitation, coal, lignite coal, coal bed methane gas, sulfur, uranium and any other mineral
substance now or hereafter of any commercial value (the "Minerals") in and under and
that may be produced or otherwise extracted in any way from the Property. If the
Property is subject to existing production or an existing lease, this reservation includes
the production, the lease, and all benefits from it.
2. Grantor waives the right to enter on to the surface of the Property in
conducting operations of whatsoever nature with respect to the exploration for,
exploitation of, mining and production, processing, transporting, and marketing the
Minerals and that may be produced or otherwise extracted in any way from the Property
Page 1 of 4 - Special Warranty Deed
or in connection with the conduct of other activities associated with its ownership of the
Minerals in the Property; provided, however, the foregoing waiver of surface rights shall
not be construed as a waiver of the right of Grantor to exploit, explore for, develop, mine,
or produce such Minerals with wells drilled on the surface of lands other than the
Property or by pooling its oil, gas and mineral interests with lands adjoining the Property
in accordance with the laws and regulations of the State of Texas. Grantor and its
contractors, agents and affiliated entities shall have the right to enter the subsurface of the
Property with a subsurface horizontal or directional wellbore in an effort to explore for
and develop the Minerals under the Property,
Exceptions to Conveyance and Warranty:
See attached Exhibit "B".
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee's heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by,
through, or under Grantor but not otherwise, except as to the Reservations from Conveyance and
the Exceptions to Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
L" 111A.10 0 DI DI
Ful 0
Lem
--- This space left blank intentionally ---
Page 2 of 4 - Special Warranty Deed
GRANTEE:
CITY OF DENTON, a Texas hcarI�y-rule municipal corporation
By: /M _ ' —
FlowardlR4-arfiii, Wteriii�Cil; , Manager, wider the authority
of City of Denton Ordinance No. 2016
ATTEST:
Jennifer Walters, City Secretary
State of Texas §
Denton County §
This instrument was acknowledged before me on the
–— [name of officer] as _—
Farms, Inc., —aTexas--- ....corporation, on behalf of said corporation.
After recording, return to:
Real Estate and Capital Support
City of Denton
Service Center Complex
901-B Texas St.
Denton, Texas 76209
Page 4 of 4 - Special Warranty Deed
day of November, 2016 by
[title] of Eagle
Notary Public, State of Texas
GRANTOR:
By:
Signature
Printed Name
President
State of Texas §
Denton County §
This instrument was acknowledged before me on the day of November, 2016 by
[name of officer] as [title] of
[name of entity], a on behalf of said
corporation.
Notary Public, State of Texas
Page 3 of 4 - Special Warranty Deed
BEING a 38.689 acre tract of land situated In the Mary L. 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 ■ the Real Property Records • Denton • Texas, and being known as a part
of • 1, Block I and a part • Lot 1, Block 2 • •a 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 an said Final Plat, and being more particularly descdbed as follows:
BEGINNING at 5/8 inch iron rod with cap stamped "TNP" set for • in the West line • 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 60*1227", a radius of 715.00 feet, a chord bearing of South
an arc len1th of 626.54 feet to a 5/8 Inch iron rod with am-.
•-• "TNP" set for comer,
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 comer 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 42'5243", a radius of 885.00 feet. a chord bearing of South
v- -aA distance of 646.96 feet and an are lenLilth of 662.31 feet to 5/8 inch iron rod with cal
stamped "TNP" set for comer;
THENCE South 02049'24" West departing the South line of said Shady Oaks Drive, for a distance of 1517.94
feet to a 5/8 inch !ran rod with cap stamped "TNP' set for comer In the ■ 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
• 87'54'05" West along the South line ♦ said • acre tract and the North line • said
53.865 acre tract, for a distance of 407.70 feet to a 518 inch iron rod with cap stamped "TNP' set for corner at
the most Southerly Southwest comer of said 318.937 acre tract. said point also being the most Easterly
Southeast comer of Lot 2, Block 2 of Municipal Utility Addition, per the Replat recorded in Document No.
2009-139 of the Plat Records of Denton County. Texas;
THENCE
• 1'56" East along the West line of said • acre tract and the East line of said Lot 2,
Block 2, for a distance •f.: 644.99 feet to a 1/2 inch iron rod with cap stamped "H&N 1849 found • comer at
the Northeast corner of said Lot 2. Block 2, said point also being the Southeast comer of said 27.7486 acre
tract;
Wilt Ijjj p o q the South line of
said 31 RA37 acrp hect. �P'f al n
roO wi, p SEM-011150—T11V IBM -
being the • •• 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
wie oi 1355.63 feet to the POINT OF BEGINNING, and containino 38.889 acres of land, more
INA, wi. I 9W
EXHIBIT B
Exceptions to Conveyance and Warranty
A
AV
tl,941%Un:gol 1042,1012LAMUM 1:
A11Y ill STA"IfTi A'110.CitA MWVJVS—Afll,-� W -
IS FILED FOR RECORD IN THE PUBLIC RECORDS- YOUR SOCIAL SECURITY
NUMBER OR YOUR DidVER'S LICENSE NUMBER.
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT - (the "GRANTOR"), for and in consideration of Ten Dollars
($10.00); and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF
DENTON, a Texas home rule municipal corporation, which is located in Denton County, Texas, and
whose mailing address is 215 E.McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold,
and conveyed and by these presents does grant'. sell and convey unto the GRA NTEE perpetual, non-
exclusive,, and unobstructed casements and rights of way (collectively, the "EASEMENT") for the
purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or
above ground electric transmission and electric distribution power and/or communication lines, each
consisting of a variable number of wires and cables, along with all necessary, convenient, or desirable
appurtenances, attachments and supporting structures, including without limitation, foundations, guy
wires and guy anchorages, and structural components (collectively referred to herein as the
"FACILITIES"), in, on. over, under and across that certain real property situated in Denton County.,
Texas, being approximately 0.040 acres and being more particularly described in Exhibit "A" and
illustrated in Exhibit "B" attached hereto and incorporated into this document by reference (the
"EASEMENT PROPERTY").
EASEMENT PROPERTY for the purposes of' and right to construct, maintain, operate, improve,
reconstruct, increase and reduce the size and capacity, repair, relocate, inspect, patrol, maintain,
remove or replace :such FACILITIES within the EASE MENT PROPEWFY as GRANTEE may from
time to time find necessary, convenient, or desirable, along with the right to do all things necessary or
convenient for full use and enjoyment of the above grant. GRANTEE, shall have the right, at
GRANTEE'S sole cost and expense, to trim or remove trees or shrubbery within said EASE MENT
PROPERTY, to the extent., in the sole judgment of GRANTEE, necessary or desirable to prevent
possible interference with the efficiency, safety and/or convenient operation of the FACILITIES or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may further, at
GRANTEE'S sole cost and expense, install gates in existing fences within such EASEMENT
PROPERTY. GRANTOR shall not make changes in grade, elevation or contour of the EASFMEN'l-
PROPS RTY or impound water within, over mid/or across the EASEMENT PROPERTY without prior
written consent of GRANTEE.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not interfere with the GRAN SE'S full enjoyment of the EASEMENT and/or the
exercise of G RANTEE's rights hereunder. GRANTOR shall not construct, and GRANTEE shall have
the right to prevent the construction of buildings, structures, signs, or other obstructions of any kind
(-UNPEI miTTED STRUCTURES") on the EASEMENT PROPS FY. If any UNPERMI'l-TED
STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT
PROPERTY without prior written consent of GRANTEE, then GRANTEE shall have the right to
remove the same and GRANTOR agrees to pay to GRANTEE,' the reasonable actual costs of such
removal. GRANTOR may, following written Consent by GRANTEE, construct buildings, structures,
or other facilities within the EASF'MENT PROPERTY, where GRANTEE determines, in its sole
discretion, such construction will not interfere with the safety or operation of the FACILITIES.
GRANTOR, following written approval from Grantee, such approval not to be unreasonably withheld
2
or delayed, may construct (i) above -ground perpendicular crossings across the EASE INT`
PROPERTY, fdr vehicular access only, including gravel, and/or pavement, and (H) underground
perpendicular crossings :for utilities. Ilowever,in no event shall the border of any crossing constructed
by GRANTOR be closer than twenty fect (20') frorn the base of any facility installed by GRANTEE,
Further, GRANTOR retains the right to install landscaping within the EASEMENT PROPERTY.
Landscaping installed by GRANTOR may include ground cover, plants, shrubs, and trees, not to
exceed three feet (3') in height. Absent written approval from GRANTEE, such approval not to be
unreasonably withheld or delayed, all crossings shall not change the present slope of the easement.
GRANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. However, GRANTOR agrees not to assign further easement rights within the
EASEMENT PROPERTY to any other utility providers without the prior, 1written consent of
GRANTEE. Upon written consent of GRANTEE, such consent to be exercised at the sole discretion
of GRANTEE, other utility providers may be permitted by GRANTEE under separate grant from
GRANTOR to construct, operate, maintain, repair., replace and remove their respective utilities in, on,
over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be
permitted by GRANTEE in writing. Nothing herein shall be construed to require GRA NTEE to allow
such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE,
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and their respective successors and assigns.
TO HAVE, AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby -,varrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors mid assigns, against every person whomsoever lawfully
claiming or to clairn the same or any part hereof, by, through., or under GRANTOR, and not otherwise.
10
WFINF-ISS THE F"Xi"XII-110N HTREDF on, the 2016,
31111112111211M
m
I"111'; S'l W11'01"
COUNTY 01,
Thi,s iii st runientwas ack nwv lcdged,be Im m6 btu the dky of
2016,
by cel" -Mid acknowledged to me that his
Sij,InIAtLJIV is IIIc ild Of the said partnership and Ilett he exceuted the same On behalf of the stiid
partnership a0d iO �j
1, ,,1 lie c p4city theremi: sWmed.
A
t FTER RIJ,C0RDJNC RETUIRN TO'
City of
RealEstate and Capital SLII)I)Drt
90.1-AI'mis Stiect, 21111 Floor
Dentolt, Texas '76209,
Alta" Paul Will"lavison
'Notary Public, State of-,-
commissiorl expires,
8
1 WA all 11 11 kk
MMUMMOAM
' - 1 1.1 - •
tract ana ins most boutneny comer oy sera -frainage anal, F-asemen ears ou asa 1183RUMMeo
Motu dearing OT Aoun-fm
YA(h cap stamped ITNP" set for comer;
• •.. :• 'Y A •' . s •s • Y '. :• 1 '#: 1
r ,
Todd S. Turner, R.P,L.S. No. 4889
Teague Nall & Perkins
1617 Centre Place Drive, Suite 320
Denton, Texas 76208
0-383-4177
Date: June 1, 2016
Revised: August 22, 2016 (Address Title Commitment Schedule B Items)
Electric Easement — Terrano Really Tract Page 1 of 2
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY RF111 OVF, Olt STRIKE ANY Olt ALI, OF TIE FOLLOWING INFORMATION FROM
ANY INS'rRUMEN'F TIIA'I"I'ILANSi+EIIS AN INTEREST IN REAL PROPERTY IIEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC UTILI`T`Y EASEMENT
THE AT,, OFTEXAS §
KNOW ALI, MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT, ____... -__-- (the "GRANTOR"), for and in consideration of Tcn
Dollars ($10.00), and rather good and valuable consideration, to GRANTOR in hand paid by the C117Y
OF DENTON, a Texas horne rule municipal corporation, which is located in Denton ('ounty, Texas,
and whose mailing address is 215 F. McKinney, Denton,Texas 76201 ("GRAN]"l: E"') has granted."
sold, and conveyed and by these presents does grants sell and convey uatto the GRANTEE perpetual,
non-cxclLrsivc, and unobstructed easements and rights of way (collectively, the "EASEMENT") for
the purposes of erecting, operating, maintaining and servicing thereon one or- .enure underground and/or
above ground electric transmission and electric distribution power and/or communication lines, each
consisting of a variable number of wires and cables, along with all necessary, convenient, or desirable
appurtenances, attachments and supporting structures, including without limitation, Foundations, guy
wires and guy anchorages, and structural components (collectively referred to herein as the
"I;ACHAT1liS"), in, on, over, under and across that certain real property situated in Denton County,
"Texas, being approximately 0.80 acre and 0,046 acres respectively, and being more particularly
described as Electric f,mement No. 1 and ]electric Easement No. 2 in Exhibit "A" and illustrated in
Exhibit "B" attached hereto and incorporated into this document by reference (the "EASEMEN"T
PROPERTY"),
CiRAN'1'L°'li shall have the right of ingress, egress and regress in, on, over, under and across the
1JASI; i;NT PROPERTY for the purposes of and right to construct, maintain, operate, improve,,
rcconstrUCL increase and reduce the size and capacity, repair, relocate, inspect, patrol, niairitain,
remove or replace such FACILITIES within the l."ASEMENT PROPEM'Y as GRANTIA.!" may from
lime to time find necessary, convenient, or desirable, along with the right to do all things necessary or
convenient for full use and enjoyment of the above grant. GRANTEE, shall have the right, at
GRANTI-1'l',,'S sole cost and expense, to trim or remove trees or shrubbery within said EASEMENT
PROPERTY, to the extent, in the sole judgment of GRANTI"'E, necessary or desirable to prevent
possible interference with the efficiency, safety and/or convenient operation of the FACILITIE'S or to
remove possible efficiency, safety or operational hazards thereto, Gy[:ANTEUI may Further, at
GRAN` HI::"S sole cost and expense,, install gales in existing rences within such EASEM!"-NT
PROPERJ'Y, GRANTOR shall not make changes in grade, elevation or contour or the EASEWNT
PROPI."Wry or impound water widiin, over and/or across the EASEWNT PROPERTY without prior
written consent of GRANTEE.
GRANTOR, for itself, its successors and assigns, sub eel to the terms herein and detailed
J
below, expressly reserves the right to occupy and use the EASENENT PROPEWrY for all other
purposes that will not interfere with the GRANTEE'S full enjoyment or the BASEMENT acid/or the
exercise of GkAN'14"I"'s rights hereunder, GRANTOR shall not construct, and GRANTE'll" shall have
the right to prevent the construction of buildings, structures, signs, or other obstructions of any kind
("UNPERMITT1,"D STRUCTURES") on the 1 ASI WFNT PROPERTY, If any UNPF'�AWFI.-FF"D
s'rRucruiu's are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT
PROPERTY without prior written consent of ORANTEE�., then GRANTE�,E shall have the right to
remove the same and GRANTOR agrees to pay to (TRANT13F, the reasonable actual costs of such
removal. GRANTOR may, following written consent by GRANTHF, construct buildings, structures,
or other facilities within the EASEMENT PROPERTY, where GRANTEE determines, in its sole
discretion, such Construction will not interfere with the safety or operation of the FACILITIL-S.
2
GRANTOR, rollowing written approval from GRANTI.",E, such approval not to be unreasonably
withheld or delayed, may construct (i) above -ground perpendicular crossings across the 111ASHMEINI'
PROJIF,RTY, far Vehicular access only, including gravel and/or pavernent, and (ii) underground
perpendicular crossings Cor utilities. flowever, in no event shall the border of any crossing constructed
by GRANTOR be closer than twenty Ceet (20') from the base of any facility installed by GRANTEE,
P'tirther, GRANTOR retains the right to install landscaping within the EASEMENT PRO13 ERTY,
Landscaping installed by GRANTOR may include ground cover, plants, shrubs, and trees, not to
exceed three feet (3') in height. Absent written approval ftorn GRANT13E., such approval not to be
unreasonably withheld or delayed, all crossings shall not change the present slope of the easement.
GRANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. However, GRANTOR agrees not to assign further easement rights within the
EASEMF,,NT PROPERTY to any other utility providers without the prior, written consent of'
GRANTF.1-,', Upon written consent of GRANTEE., such consent to be exercised at. the sole discretion
of GRANTEE, other utility providers may be permitted by GRANTEE' tinder separate grant firom
GRAN'l I OR to construct, operate, maintain, repair, replace and remove their respective utilities in, on,
over, under, and across the EASEMENT lIlWlIT-,RTY perpendicularly or as otherwise may be
peri-nitted by GRANTEIF-' in writing. Nothing herein shall be construed to require GRANTEE to allow
such use or grant, and such use or grant shall be at the sole and absolute discretion ofGRAN T1 --,f---,.
The EASEME-Wr shall constitute a covenant running with the land and shall bind and inure to
(lie benefit of GRANTOR and GRANTEE, and their respective successors and assigns.
TO JJAVE AND TO 11OLD the above EASEMENT unto GRANTEE, its Successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defiend the above described
F"ASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawCully
claiming or to claim the same or any part hereof, by, through, or tinder GRANTOR,, and not otherwise.
3
WITNI'SSTIll," JAI'CUTION 1lFI'RFI()I,rare the
Imm"Ram
m
CIOUNTY011'
2016-
Thiglhstrma I ntwo,"Icknowledged bcrorc�Ve,Q tho day o F'2016,
bY c 1. ... . ........... 11:111d ackno-�,vlcdged to tare that his
Signature is the get. of (lie mid parinership and that lie executed the sanic on behall' ol' the sald
partnership and in (lie cap,,,xc0y thercin stated.
AFTER Ueft 1) 1 N G UTURN, TO:
txy of -Doldtoln _IE4- A"A - *DepartilIC110
Real Fstalcand Capii6rj SLIIII)01'1
901-A Texas Strut, 2 ,d 1 -1001.
Atta., rout WlflfamSam
Notars, Public, Slate of' ---
My commissi(-,)n expires:
n
1 ill - ; -• a I . 1: I ►,' R: a
Ltd., as recorded in Document No. 20.15-764 of the Official Records of Denton County, Texas, and being more particularly
r- •^! as follows:
ai IN 11111161 MORE
• • • iy • • 1 • • • ! • w • • r:r
to Arlhur 0. McNitzky Post No. 71, American Legion, Denton, Texas, as recorded in Volume 561, Page 464 of the Dee' -!L'
Records of Denton County, Texas;
distance of 38.34 feet to a point for comer;
TMAGE South 01"57'55"
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. Black 1 per the Replal of Spencer Square, as recorded in Cabinet Y, Page
74 of • of Denton
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 i, for a
Lot 6, Blockand the Northeastcorner of 1 17 acre tract;
! -r , • l • - 0 lA ];Eel 10 10 ILI ijCjWt'TjEytK4 JoffWf i iill • . • -
# .a
Ltd., as recorded in Document No. 2,015-764 of the Official Records of Denton County, Texas, and being more ;articularly
described o
COMMENCING at a point for corner in the West line of State Highway Loop 288, a variable Width right-of-way, said point
feet, a chord bearing of South 09'02'4Z'Weal, 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�36" East, a chord distance of
7311 feet and an arc length of 73,11 feet to a point for comer;
QUA NO.t e North line of a 20'
.
• .. 11 # • lis1011; 110,101191§ 09MA01 I iL.Jff. i solif ': A . - l
Electric Easement -- Medenjo Partners Tract Page 1 of 5
r
feet to a point for comer s of N Public e r r rd In Volume 1085,• s* 717
of the leRr Records of Denton
M' Public Utility Easement, for a distance of w2 feet t. a point forcomer;
point for corner at the beginning of a non -tangent curve to the right;
THENCE In a Southerly direction, along sold non -tangent curve to the right having a central angle of 0004242", a radius of
MOM
Tadd B. Turner, .P.L,S. No. 4859� :9`T��
Tongue elk 8t Perkins
9857 Centre Place Drive, Suite 320 ...,
Denton, O a. JuRN
0- 177 ., % . xsa46
59
Date, June 1. 2016
Revised. August , 2010 {Add TiPle Commitment Schedule ,B Items} ;
Medenjo Partners Tract Page
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NOTICE OF CON +IIIENTIALI'I"RIGHTS: IF YOU ARE A NATURALPERSON, YOU
MAY REMOVE Oil STRIDE, ANY OR ALI., OF THE FOLLOWING INFORMATION FROM
AN1' INSTRUMIi ,N"I` TIIA'I" TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER Oft YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC UTILITY EASEMENT"
'I'I1F S'T'ATE OF TEXAS
§ KNOW ALL: MEN BY 'THESE PRESENT'S:
COUNTY OF DEN'I`ON §
`1'I IAT, (the -GRANTOR"), for and in consideration of "Ten Dollars
($10.00), and ether good and valuable consideration, to GRAN'rOR in hand paid by the CITY O
1DFsNTON, a "Texas home rule municipal corporation, which is located in Denton County, 'Texas, and
whose mailing address is 215 E. McKinney, .Denton, `Texas 76201 ("GRANTEE") has granted, sold,
and conveyed and by these presents does grant, sell and Convey unto the GRANTEE perpetual, non-
exclusive, and unobstructed easements and rights of way (collectively, the "EASEMENT") for the
purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or
above ground electric transmission and electric distribution power and/or communication lines, each
consisting of a variable number of Avires and cables, along with all necessary, convenient, or desirable
appurtenances, attaolinierits and supporting structures, including without limitation, foundations, guy
wires and guy anchorages, and structural components (collectively referred to herein as the
"FACILITIES"), in, on, over, under and across that certain real property situated in Denton County,
"Texas, being approximately 0.642 acre, and being more particularly described in Exhibit "A" and
illustrated. in Exhibit "I3" attached hereto and incorporated into this document by reference (the
"EA,SEMI:NT PROPERTY"),
EASEIMENT PROP13,11TY (Ior the purposes ofand right to construct, maintain, operate, improve,
reconstruct, increase and reduce the size and capacity, repair, relocate, inspect, patrol, maintain.
remove or replace such FACILITIE'S within (lie EASE ENI` Pizopi-Lwry as GRANTEE may trom
time to time find necessary, convenient, or desirable, along with the right to do all things necessary or
convenient for full use and enjoyment of the above grant. GRANTEE " shall have the right, at
GRANTEES sole cost and expense, to trim or remove trees or shrubbery within said FAS IIMENT
Pwi,rl'R:ry, to the extent, in the sole judgment of GRANTriE, necessary or desirable to prevent
possible interft=nce with the efficiency, safety and/or convenient operation or the FACILITIES or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may further, at
GRANTEE'S sole cost and expense, install gates in existing fences within such EASEMENT
PROPE,RTY. GRANTOR shall not make changes in grade, elevation or contour of the LEASEMEN'r
PROPERTY or impound water within, over and/or across the EASE ENT PROPERTY without prior
written consent of GRANTEE.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the EASEME'N'r PROPERTY for all other
purposes that will not interfere with the GRANTEES full enjoyment of the EASE MI and/or the
exercise of GRANTEE's rights hereunder. GRANTOR shall not construct, and GRAN'ruti, shall have
the right to prevent the construction of buildings, structures, signs, or other obstructions of any kind
("UNPF�'RMITTH,D STRUCTURPS") on the EASES ME'NT PROPERTY, If any UNPERMITTE-1)
Sl'Ruc,rURr,.S are hereafter constructed or permitted by GRANT OR to exist within the EASEMENT
PROPERTY without prior written consent of G1?,A-NTi.,',u,', then GRANTEE shall have the right to
remove the same and GRANTOR agrees to pay to GRANTEE; the reasonable actual costs of such
removal. GRANTOR may, following written consent by GRANTEE, construct buildings, structures,
or other facilities within the EASEMFNT PROP1311TY, where GRANTEE determines, in its sole
discretion, such construction will not interfere with the safety or operation of the FACIuTlES.
GRANTOR, following written approval from GRANTEE,% such approval not to be unreasonably
withlicId or delayed, may construct (i) above -ground perpendicular crossings across the EASEMEW17
PROPHIRTY, far vehicular access only, including gravel and/or pavement, and (ii) underground
perpendicular crossings for utilities. I-lowever, in no event shall the border of any crossing constructed
by GRANTOR be closer than twenty feet (20') from the base of any racility installed by GRANTEE.
Further, GRANTOR retains the right to install landscaping within the HASEIME,NT PROPERTY,
Landscaping installed by GRANTOR may include ground cover, plants, shrubs, and trees, not to
exceed three feet (3') in height. Absent written approval from GRANTEE', such approval not to be
unreasonably withheld or delayed, all crossings shall not change the present slope of the easement.
GRANTEE acknowledges the EASEMEXI' granted herein is non-exclusive. subject to the
rights herein granted. I lowever, GRANTOR agrees not to assign further casement rights within the
tiASEIMELNT PROPERTY to any other utility providers without the prior, written consent of
GRANTEE. Upon written consent of GRANTEE, such consent to be exercised at the sole discretion,
of GRANTE11", other utility providers may be permitted by GRANTIiIE under separate grant from
GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on,
over, under, and across the EAS11"MENT PROPERTY perpendicularly or as otherwise inay be
permitted by GRANTF,E in writing. Nothing herein shall be construed to require GRANTEE, to allow
such use or grant, and such use or grant shall be at the sole and absolute discretion or GR-ANTEIFI.
The HIASI?MLNT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRAN'T'OR and GRA NIT.F1, and their respective successors and assigns.
TO HAVE AND TO HOLD the above E'ASEMF,'NT unto GRAN'ruli-., its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTET", its successors and assigns, against every person whotrisoever lawfully
claiming or to clai in the same or any part hercof, by, through, or under GRANTOR, and not otherwise,
KI
E*W
wiTNr-,ss,rtip,B-xL4cuTio,N,t-iEREOr.,On the day qf_
]FRONOM
0
`I'llis i list 1.1,111jen I ,vw acknowledge(I bel'ore nic on tile day of 2016,
by Ofand acknovviedge(I LO ITIC' thkit Iii
exmitc(l tho same on behalf of the saki
signaturc is tile act, of (11C Sai(I jxll-�IM14
partilershill all(I ill the Capacity thercill State(I.
'Notary Public, Stette
My com ill i Ssioll expires.,
,.T OtCO jNG RETURN TQv
C i ty ,() f Den t"(,) 11 - 1"' 11 gi neeri ng DeparmidAt
Real F'state tInd Capital SLII)I)Ort
901 -A T"as $(reet, 2n' Ploor
Denton, Takes. 76109
Affn;: r4ulWI41�anpoo
m
ELECTRIC EASEMENT
Staff Really Tracl
BEING ea 0642 acre tract of land situwad in the Mary L. Austin ;purvey, Abstract No, 4, City of Denton. Denton County,
Texas, and toeing a part of a called 318,937 acre tract of land described in a Deed to Staff Rrtalty, lnc„ as recorded In
Document ent No, 04.006845 of the Real Property Records of Denton County, "faxes. and being more particularly described as
follows:
COMMENCING MENCING at a 514 inch Iron rod with cap stamped "TNP` set for the Southwest corner of the above cited 31$,037 acre
tract, said point being inn most Easterly Southeast vaornot of Lot 2, 'Bloch 2 par the R opla+t of Municipal !Utility Addition, no
roctorded to Documenl No, 2009.139 of the fiat Rocordss of Doaatot, County, Texas,, said (tofu! 8194 basing In tiles North titre of a
called 53,1366 acre tract of land described In a Dead to N, Alex Dictdey, Tfustee, as recorded In Volumes 987, rage 548 of the
Deed Ref oords of Denton County, Texas, frots which a itz inch iron rod found for the Nofthwast corner of said 53.805 acre
tract and art interior oil corner of sold Lot 2. Slack 2, bears North 87"58'52" West a distance sof 904.51 fa et;
THENCE South 8716WOS" East along the South line of said 318,637 acus tract and the North lime sof said 53.866 acre tract,
for a distance of 407,70 feet to a 518 Inch iron rod with cap stamped ""I'NP" set for corner at the POINT OF BEGINNING for
the herein described easement;
THENCE North 02`413'24° East departing the South line of sold 318.937 acre tract and the North line of sold 53.865 acre
tract, for a distance of 37,38 feet to a point for corner;
THENCE South 87"57'30" Ertel for a distance 07X98 feat to a point for corner in the Watssl line of Brinker cad, a variable
width right-of»awaay per Document No. 2008.21943 of the official Reclyds of Denton County, Texas;
THENCE South 02004'44" East along the West tine of said Brinker Road, for a distance of 38.22 feet to a point for router in
the South line sof sold 318,937 acrd tract and the Nordh lime of said 53,865 acre tract, from which a 112 Incl! Irian raid wilt, Val)
stamped 'WAI" found for the Southeast Corner of said Brinker Road right -ret -way bears South 87'64'06' East a distances of
122,00 tact, and a 518 inch iron roof found for reference !sears South 00'45'39' West a distance of 3.18 feast;
THENCE North 87°54'05" West !along the South line of said 318.937 !acme tract and the North line of said 53.695 acre tract,
for a distance of 74222 feat to the POINT OF BEGINNING, and containing 0,842 aeras of land, more or lase.
B4ami s my tarstatrtced to grid north Of fr,a t'oxeas CtroWindle, SyOOM or 1983 (fordo cosiltwi Zone., NA083(204 r) EP00h 2010) rase
dodvad frscaliy front Wssraarn DataSysroms Confiaarlrously Orrcttr Ung Reforencaa Sfaaf4eatts (CORS) via fjoal Time ftrinistic (RTK) survoy
tnrollaesds. 0191 a COS frolararsera( $00170 VOWS u(filzing a swfaca adjust nent racfaor or 1,00 0147317 to $coria ft)" Od 14 sutfaacra.
Trodd B. Turner, R.P,L,S. Neo 4 8
Teague Nail & Merkin
1617 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383.4177
Date: June 1, 2016
Revised: Septernbar 02, 2016 (Address rue Commitment Schedule s !!grits)
0, 642 Acre Electric EOSOrrterrl -- Staff Really TWI Page 100 3
'lao
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CIVoll 18VNJH, L
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NOTICE OF CONFIDENTIALITY RIGHTS: IF, YOU ARE A NATURAL PE-11SON, , Y U
MAY REMOVE OR STRIKE ANY OR AL.I, OF THE FOLLOWING INFORMATION FROM
ANY INS'I'RIIMEN'T 'I'liA`T 'I`RANSFTRS AN INTEREST IN HEAL PROPERTY BEFORE, IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
ELECTRIC. UTILITY EASEMENT
THE STATE Oi' 'TEXAS
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY I< DE T
consideration of Ten.Dollas
($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY OF
DI,NTON, a Texas home rule municipal corporation, which is located in Denton County, °texas, and
whose mailing address is 215 McKinney, Denton, Texas 76201 ("GIZ NTE ") has granted, sold,
and conveyed and by these presents does grant, sell and convey unto the GRID TfiE' perpetual, non-
exclusive, and unobstructed easements and rights of way (collectively, the "EASEMENT") for the
purposes of erecting, operating, maintaining and servicing thereon one or more underground and/or
above ground electric transmission and electric distribution power and/or communication lines, each
consisting; of a variable number of wires and cables, along with allnecessary, convenient, or desirable
appurtenances, attachments and supporting structures, including without Iimitation, foundations, guy
wires and guy anchorages, and structural components (collectively referred to herein as the
"f-A.CILITIES"), in, on, over, tinder and across that certain real property situated in Denton County,
Texas, being approxinlatcly 0.914 acres and beim more particularly described in Exhibit "A" and
illustrated in Exhibit "B" attached hereto and incorporated into this document by reference (the
"EASI MEN'r PROPERTY")
GRANTEE- sbal I have the right of ingress, egress and regress in, on, over, tinder and across the
EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve,
reconstruct, increase and reduce the size and capacily,repair, relocate, inspect, patrol, maintain,
remove or replace such FACILITI.E.S within the EASIsMEINT VIZOPI1',RTY as GRANTEE may from
time to time find necessary., convenient, or desirable, along with the right to do all things necessary or
convenient For full use and enjoyment of tile above grant, GRANTFJ`x shall have the right, at
GRAN'rtil-s sole cost and expense, to trim or remove trees or shrubbery within said FASEMENT
PROPJ-,RTY, to the extent, in the sole judgment of GRANTF"E, necessary or desirable to prevent
possible interference with the efficiency, safety and/or convenient operation of the FACILITIE'S or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may further, at
GRANTF�T,"S sole cost and expense, install gates In existing fences within such EASEMI.,,N,r
PROPERTY. GRANTOR shall not make changes in grade, elevation or contour of the EASEMENT
PROPURTY or impound water within, over and/or across the EASENLN'r PROPERTY without prior
17
written consent of GRANTEE.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the eight to occupy and use the EASE.MENT PROPER,ry for all other
purposes that will not Interfere with the GRANTET,.'S full on oyment of the EASEMEN'r and/or the
exercise of G RANTEE's rights hereunder. GRAWOR shall not Construct, and GRANTE F1 ,,.-hall have
the eight to prevent the construction of buildings, structures, signs, or other obstructions of any kind
("UNPEAMITTED STRUCTURES") oil the EASEMENT PROPERTY. If any UNPERMUTUD
STRUCTURES are hereafter constructed or permitted by GRAMFOR to exist within the EASEMENT
PROPERTY without prior written consent of (,TRAN,rr7,E, then GRANTET shall have the right to
remove the same and GRANTOR agrees to pay to GRANTEE' the reasonable actual costs of such
removal, GRAN'roR may, following written consent by GRANTi�E, construct buildings, Structures,
or other facilities within the EASEMEN'r PROPERTY, where GRANT EF" determines, in its sole
discretion, such construction will not interfere with the safety or operation of the FACILTHPIS.
GRANTOR, following, written approval From GRANTI'J"', such approval not to be unreasonably
2
withheld or delayed, may construct (i) above -ground perpendicular crossings across the E`ASI-,M-,'-NT
PROPERTY. for vehicular access only, including gravel and/or pavement, and (ii) underground
perpendicular crossings for utilities, However, in no event shall the border of any crossing constructed
by GRANTOR be closer than twenty feet (20') Crom the base of any facility installed by GRANTEE!"
Further, GRANTOR retains the right to install landscaping within the 'BASEM.I.,"NT PROPERTY.
Landscaping installed by GRANTOR may include ground cover, plants, shrubs, and trees, not to
exceed three feet (3') in height. Absent written approval from GRANTEE, such approval not to be
unreasonably withheld or delayed, all crossings shrill not change the present slope of the easement.
G'RANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. However, GRANTOR agrees not to assign further casement rights within the
IASEMENT IIROPI.';RTY to any other utilitN,, providers without the prior, written consent of
GRAWEE, Upon written consent of (iRANTEE, such consent to be exercised at the sole discretion
of GRANTr-.i-.,, other utility providers may be permitted by GRANTETunder separate grant from
GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on,
over, under, and across [lie FASBMENT PROPERTY perpendicularly or as otherwise may be
permitted by GRAN IT`11roin writing. Nothing herein shall be construed to require GRANTEE to allow
such use or,grant, and such use or grant shall be at the sole and absolute discretion or GRANTEF".
The l,,ASl-MEWT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEI-i, and their respective successors and assigns.
TO I [AVE AND TO HOLD the above EASI.-MENT unto GRANTE'E', its successor,-, and
assigns, Ibrever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMIXF unto GRANTra,', its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
WH W,, -,")'TI II. FA ITION I I MOM We
0
III k Slovre lip.
me Ii. I W&$) 9
']'his illsfi'l,1111CIA Wins ncknowledg
!cd beRmv me an We dayof
by of 1 and acknowledged to me that his
signature is the nit of ilia ,,licl hot
'�hc' exc"cuted (lie same, Dn behalf of the .Said
partneMp and in the copacily therein stated.
AIFTER RE COR 1) 1 N C RETUAN TO:
cwty cel' Dom n — I NgWcui q!, DepaftPtit
Rwal Estate and Capim! Suppom
901,A Ukas $:Ixoc,'2nd gloor
DemonjIm 702QQ:
AS hul 110100004,
Notary I'LlbliC, StnLe c)I . . . . . . ........... .
14y,:ommiWou,,vxpiros4
Ell
ELECTRIC EASEMENT
NW Really Tract
BEING a 0.919 acre tract of land situated In lite Mary L. Austin Sur=rey Abstract No. 4, City of Donlon, Deaton County,
Texas, and being a pari of that tract of land described In a Deed to NW Realty, Inc., as recorded In Document No93.065091
of the Real Property Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a 112 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 C, gage 130 of the Plat Records of Denton County,
Texas, sold point also being In lho North line of a 30` Street Easement, as recorded In'Volume 407, Page 472 of the Dread
Records of Denton County, Texas, from which a 112 Inch iron rod found for the Sotathwest miner of said Lot 2, Block 1 beam
North 89°28'12" West a distance of 733.70 feet;
THENCE North 01'82'37" (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 comer;
THE=NCE South 89°28'12" East for a distance of 667.96 feet to a point for comer in the Fast line of said NW Really tract and
the West line of Lot 1, Block 2 per the Finian Flat of Municipal Utility Addition, as recorded In Cabinet G, Parte 346 of the Plat
Records of Denton County, Texas;
THENCE South 03°04T(Y' Wrest along the Fast line of said NW Realty tract and the West line of said Lot 1, Block 2, for a
distance oft 0,0feet 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 Mat Records of Lenton
County, Texas, from which a 112 inch iron rod with cava stamped 'H&N 1849' found for the Northeast comer of said Lot 2"
Block 2 bears South 89131'45" East a distance of 864.29 feet;
THENCE North 89"26"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 Norlhwest comer of said Lot 2, Block 2 and the Northeast corner of said 30'
Street Easement at a distance of 23.1.7 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 0,916 acres of
land, more or less,
. Bearings are ralerencsd to prld rrertlr of the Texas (,'c€ardlnato system rat 1983 (North CenlrFal Zone; Nil)83( 011) Each loft?) as
derlv€rd locally lrom Western We Systoms Conlincaously Oporral ty Refetanco Stations (CORS) vitt Beal Time Kinerrlallo (t TKj survay
methods. Dlstancvs repmeont surface mivas uttlaing a sorlace adjustment factor sat' 1.000147317 to scale fairs gdd to sura'race.
rel
Teague Nail & Perkins
1517 Centre Place Drive, Suite 320
Denton,76205
Dale:940-383-4177
Electric Easement — NW Really Tract Page 1 ort
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NOTICE OF CON FIDENTIA L TY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE Olt STRIKE ANY OR ALL OF THE, FOLLOWING INFORMATION FROM
ANY I STIt hsN'I' IIA'I` TRA SFI;IZS ANINTEREST IREAL I'ROPI wry BEFORE IT
IS FILED FOR RF,CORD IN THE PUBLIC: RECORDS: YOUR SOCIAL, SECURITY
i1 I3ER OR YOUR DRIVER'S LICENSE SE BER.
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
KNOW ALL MEN 13Y THESE PRESENTS:
COUNTY OF DENTON
THAT, (the "GRANTOR"), for and in consideration of Ten
Dollars ($10.00), and other good and valuable consideration, to GRANTOR in hand paid by the CITY
OF DEN'TON, a 'Texas borne rule municipal corporation, which is located in Denton County, Texas,
and whose mailing address is 215 E. McKinney, Denton, Texas 76201, C'GRANTI:I�1'') has granted,
,,old, and conveyed and by these presents does grant, sell and convey unto the GRANTEE perpetual,
non-exclusive, and unobstructed casements and rights of way (collectively, the "EASEM.L+`NT") for
the purposes of erecting, operating, maintaining and servicing, thereon one or more underground and/or
above ground electric transmission and electric distribution power and/or cormnunication lines, each
consisting of a variable number of wires and cables, along with all necessary, convenient, or desirable
appurtenances, attachments and supporting structures, including, without limitation, foundations, guy
vvires and guy anchorages, and structural components (collectively referred to herein as the
"FACILTHF,S"), in, on, over, under and across that certain real property situated in Denton County,
Texas, being; approximately 4.636 acres, and being more particularly described in Exhibit "A" and
illustrated in lsxhibit "I3" attached hereto and incorporated into this document by reference (the
"`E'ASEb' ENT PROPERTY")
GRANTE"E shall have the right of ingress, egress and regress inon, over, under and across the
latSl:�h�1: 1'T PROPERTY for the purposes of and right to constmet, maintain, operate, improve,
reconstruct. increase and reduce the size and capacity, repair. relocate, inspect, patrol, maintain,
remove of, replace such FACILITIES within the I-,ASl-MF,NT PROPERTY as GRANTER may fi-oats
time to time find necessary, convenient, or desirable, along with the right to do all things necessary of,
convenient for full use and enjoyment of the above grant. GRAN TI","I'.' sliall have the right, at
GRANT'EE'S sole cost and expense, to trim or remove trees or shrubbery within said EASLI`Ml-,NT
PROPERTY, to the extent, in the sole judgment of GRANTFE, necessary or desirable to prevent
possible interilerence with the efficiency, safety and/or convenient operation of the FACILITIES or to
remove possible efficiency, safety or operational hazards thereto. GRANTEE may further, at
GRANTEWS sole cost and expense, install gates in existing fences within such EAS F'MF.NT
PROPElUY, GRANTOR shall not make changes in grade, elevation of, contour of the EASEMENT
PROPERTY or impound water within, over and/or across the I'.ASHIMf-,INT PROPERTY without prior
written consent of GRANTF�1,1.
GRANTOR, for itself; its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the 1-:ASEMf,,NT PROPERTY for all other
PLII-POSeS that will riot interl'bre with the CIRANTEIEI`S full enjoyment. of the EASEMENT and/or the
exercise of GRANTEM's rights hereunder. GRAWOR shall not construct, and GRANTEE shall have
the right to prevent the construction of buildings, structures, signs, or other obstructions of any kind
("UNPERMITTED STRUCTURES") on the EASEMENT PROPER'ry, if any UNPEIRMITTED
STRUCTURE'S are hereafter constructed or permitted by GRANTOR to exist within the EAST-MENT
PROPERTY without prior written consent of GRANTEF", then GRANTI'A,' shall have the right to
remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such
removal, GRAN'roR may, rollowing written consent by GRANTEE, construct buildings, structures,
or other facilities within the EASEMEN'T' PROPi.,,,R'ry, where GRANTEE, determines, in its sole
discretion, Such construction will not interfere with the safety or operation of the FACILITIES.
GRANTOR, fallowing written approval fron-i GRANTEE, such approvat not to be unreasonably
2
withheld or delayed, mi3, construct (i) above -ground perpendicular crossings across the EASE; ENT
PROPFRIN, for vehicular access only, including gravel and/or pavement, and (H) underground
perpendicular crossings for utilities. However, in no event shall the border of any crossing constructed
by GRANTOR be closer than twenty feet (20') from the base of any facility installed by GRANTEE,
Further, GRANTOR retain.-, the right to install landscaping within the FASEMEN'r PROPH-WrY,
Landscaping installed by GRANTOR may include ground cover, plants, shrubs, and trees, not to
.c I - be
exceed three it et (Y) in height. Absent written approval from GRANTEE, such approval not to
unreasonably withheld or delayed, all crossings shall not change the present slope of the casement.
GRANTUT acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted, However, GRANTOR agrees not to assign further casement rights within the
EASEMENT PROPERTY to any other utility providers without the prior, written consent of
GRANTE.E. Upon written consent of'GRANTEE, such consent to be exercised at the sole discretion
of GRANTEE', other utility providers may be permitted by GRANTEE under separate grant f7rorn
GRAN UR to construe[, operate, n-taintain, repair, replace and remove their respective utilities in., on,
over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be
permitted by GRANTEE" in writing. Nothing herein shall be construed to require GF TEL to allow
such use or grant, and such use or grant shall be at the sole and absolute discretion ofGRANT E, E.
I'lie EASEMENT shall constitute a covenant running with the land and shall bind and inure to
ihe bencrit of'GRANTOR and GRANTEE, and their respective successors and assigns,
'ro HAVE� AND TO HOLD the above U'ASEMPN'l' unto GRANTE'E, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
I-I'ASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise,
C
HN I -"Ol'on tile day 1) i, '016
MUNNIM
By:
TI -19 S'l'A'[T'bF
'Phis, itistruixierit'was ickiiovlc(iged bel'ore me on the _ day of'- 2016,
by of,e. wid tick nox4cdged to tile that his
signature is lht-, cict, of the sald partnership and that lie executed (lie sunic oil behail' of' the &-lid
parmuship and in the capacity therein stated.
Real! Estate and, Capitallupport
9.0 1 -A Texas S trwt� TA F loor
Denton,, T&M, � 7 62 00
Mtn Pauj WAH'arfisoa
Nbtary-Pubfic, State df
m
ELECTRIC EASEMENT
Staff Really Trpct
BEING a 4,636 acre tract of land situated in the lrtary L. Austin Survey, Abstract No, 4, City of Denton, Donton County,
Texas, and being a poli of a called 318,937 acre tract 01 sand described in a t, ed to Staff Realty, lark„ as recorded In
Docurnerit No. 04-006045 of the Roil ProPedi? Records of Benton County.. Texas, and being more parlicularly described as
follows;
CO rAENCINO at a Erg inch Irian red found for an Interior all corner of the above cited 318.437 acre tract, said point being
the Southwest corner of a called 1,64 acre tract of land described in a Deed to Lealee ,Ann I lilt, as recorded In Volume 44£I0,
page 2954 of the meal Property Rr ardu of Denton County, `Vexas, said paint also being In the North line of a Called 1.000
acre tract of land described on Exhibit A hart 2 in a Deed to Medonjo Partners. Ltd., as recorded in Document No. 2016-7134
of ilia Official Records of Denton County, Texas. from which a 1J l€tcti Iron rod with cap starr7pod "VVAI' found for the
Northwest corner of scold 1.0130 acre tract boat's North 68°16'051` Wont a distance of 206,70 feet, anti a 113 Inca iron rod wltli
cafe i la rnpart "1r AI" found for the Southeast corner of said 154 arra tract bears South 88'l8'0!? East a distance of 204.39
feet;
THENCE North 00131131" East along all interior East 11110 of said 310,937 acre tract and file West line of said 1.54 acre tract,
for a distance of 296.70 feet to a 112 inch Ircn rod found for an Interior ell corner of said 318.037 acre tract and the Northwest
corner of Bald 1.54 acre tract, �lronarp,+whicryh ary 618 inch iron rod toga€�d for lite Northeast corner of sold 1.54 acre tract gars
So'ritii 68yf39'1 f+y,l t®rst a distance of 201.32 fealty
THENCE North 72'29`54" West departing titre Northwest corner of sold 1.54 acre tract and sold interior all corner, for a
dirrtan of 30,20 feet to a point for corner at the POINT Off= BEGINNING for tiles heroin described easement, sold point alae
being in the West tine of an existing Electric Easement described as the Second Tract per instrument recorded In Volume
1084, Page 100 of (fie Deed Records of Denton County, Texas',
THENCE South 42157'44" West for a distance of 135232 feat to a point for corner in the North sine of Shady Oaks Drive. a
variable width right-of-way Per Document No. 20011.21943 attire official Records of Denton County, Texas=
THENCE in a Southwesterly direction, along the North tine of said Shady Oasts Crive, and along a non -tangent curve to tite
loft having s central angle of t3 3nfr3'38"`> a red! of 905.00 feet, a chord bearing of South 01"112'30" West, a chord distance
of 67,01 feet and an arc length of 67.62 feet to a 516 Inch iron rod with cap stamped "TNP' set fol craMO , breast vyllict a 112
Inch Iron rod with cap stamped "ilti'AI" fokind In the South line of sold Shady Oaks Drive beam South 301'64'11" East a
distance of 170.00 feet;
THENCE South 50105'42" West continuing along the North line of said Shady Galas Drive, for a distance of 319,62 feet to a
518 Inch Iron rod with cap stamped "TNP" sot 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
of 4978 feet a central angle of and an art, llength0of +49.770 feet to a 618 Inncch Iron6-00 eet, it chord bearing rod With p stampedfSouth 'TNP" g for c°rnor st, chord distance
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
r comer at the bes3irtning cif r non-tangonf carve to the right;
518 inch iron rod with rAp stamped "TNP" set fo
THENCE In a Southwesterly direction, continuing along the North fine of said Shady Oaks Drive, and along said rion-tangent
curve Io file right having a central ariagle of 20140`27", a radius of 945M feel, a chord bearing of South 72"36`01" West, a
chord distance of 1339.14 feel, and an arc length of 3401 feet to a 510 Inch iron rod With cap stamped "TNP' set for corder;.
THENCE South 82"66'16"' West continuing along the North line of sold Shady Oaks Drive, for a distance of 99.17 feet to a
516 inch iron rod with cap stromped'TNI'l" set for comer;
THENCE North 07°04'44" Went continuing along the North line of said Shady Oaks Drive, for a distance of 30.00 feel to a
518 Inch iron rod with cap Stam faod "TNP" set for corner;
THENCE South 82465'16" West continuing along the North line of said Shady Oaks prove, for a distance of 700,00 feet to a
518 Inch iron rod with cap slarnped "TNP" scat for corner,
Page 7 of 8
4,636 Acre Elootac Easement — StaffRee11y fmilt
THENCE North 07'04'44" West continuing along the North line of sold Shady Oaks Drive, for a distance of 20,00 feet to a
5/6 inch Iron rod with cap stamped 'ITNP' set for corner;
THENCE South 132`55'14 west continuing along the North line of said Shady Oaks Drive, for a distance of 1151,54 feet to a
518 Inch Iron rod with cap stamped "TNP" set for corner;
THENCE North 07"04'44" WPM conlInUing along the North line of said Shady Oaks Drive, for a distance of 30.00 feet to a
618 inch iron rod with cap sjarnpod "TNP' set for corner;
THENCE South 82*55'18" West continuing along the North line of said Shady Oaks Drive, for a distance of 28.76 feet to a
518 inch Iron rod with cap stamped , VNp" 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 13'4921", a radius 01665300 feet, Et chord beating Of South 80'49'57" West, a chord distance of
o a516 inch iron rod with cap stamped"TN17' set for corner;
160-04 feet, and an arc length of 160.43 feet I
THENCE South 00*39'26" West Continuing along the North line of said Shady Oaks Drive, for a distance of 30.24 (eat to a
5/8 Inch iron rod with cap stamped "TNI ' set for comer 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 tile right having a central angle of 30,17138", a raditis of 130500 feet. a chord bearing of North Gr 11 *4 3" Wiest, a
, s
chord distance of 361 516 lacilIron rod with Cap tamped "TNP' set for corner in
20 feel, and an arc length of 367.47 feel to 0
the West line of said 318.037 acre tract and 01s, East line of Lott Black i per the fined Plat of Municipal Utility Addition, Be
recorded in Cabinet G, Page 346 of the Plot Records of Denton County, Togas, from which the 1-40at SOUrtheirlY corner of or,
existing Drainage and Utility Easement as shown on said final plot of Municipal Utility Addition, bears South 02'19'55" West
a d1staACe of 60.80 fast;
THENCE North 02'19'55" East along the West line of said 313.937 acre tract and the East line of said Lot 1, Block 1, for a
distance of 50.159 (not to F, point for corner;
THENCE South °49`31" East departing the West line of said 310.937 acre tract and the East line of said Lot 1, Block 1, for
a distance of 112-71 teat to a point for corner,
THENCE South 813'39'35" East for a distance of 743.36 feet to a point for comer;
THENCE North 82'65'16" East for a distance of 787.42 feet to a Point for corner:
THENCE North 69'05'42" East for a distance of 619.43 feet to a point for comer:
THENCE North 42'67'44" East for a distance Of 786,52 feet to a point for comer In the West line of sold existing Electric
Easement recorded In Voliume 1084, page 100;
THENCE South 00'031" West along the West line of said existing Electric Easement, for a distance of 110,19 fast to the
POINT OF BEGINNING, and containing 4A336 acres of land, nice& or less,
tj®rr vanoings are mforonUld to Vad north of lim Texas CQVrdij)grq Systolo of 1983 (Norf0s Coafral Zaire, IVA083(2111 1) Upo'ch 2010) aa
dodvod foosify tmr)? Westarl, Data syatamn ConUnuously Oponfling Rory temV S140arls ICD, ?S) via pgal 71(rin Kirtomatto tRrK) 401VOY
mortar s, Distances roprosonr Gurface V911105 "Iflizing as aurface adjusleppaal factor of f.00014 7317 to avato from grid to auftv
�- -it
j�;d� *Tttr—A; No 485�9�
Teague Nall & Perkins
1617 Orr Are Plecoi Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: June 11, 2016
Revised: September 02, 2016 (Addooss Title Commllniont Schedule B Items)
4,638 Acre Electric Easement - Staff Realty react Page 2of8
I
E
FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT
THIS FIRST AMENDMENT TO REAL ESTATE SALES CONTRACT ("First
Amendment") dated as of December 12, 2016, is entered into by Terrano Realty, Inc., a
Texas corporation, Medanjo Partners, Ltd., a Texas limited partnership, and NW Realty,
Inc., a Texas corporation, (collectively "Seller"), and City of Denton, a Texas home -rule
municipal corporation ("Purchaser").
RECITALS:
A. Purchaser and Seller have entered into a Real Estate Sales Contract (the
"Original ,agreement"), the effective date of which is November 7, 2016, with respect to
the purchase and sale of certain real property located in Denton County, Texas, as
more fully described in the Original Agreement.
B. The Original Agreement together with this First Amendment are referred to
herein as the "Areement".
AGREEMENTS:
Now, therefore, in consideration of the mutual agreements set forth below, and
for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the undersigned agree as follows:
1. Extension of Clo in bate. Reference is made to Section 6.1 of the
Agreement. The Closing Date is extended to January 11, 2017 and shall not occur
prior to January 1, 2017.
2. Ratification. Except as expressly amended hereby, the Agreement and
all rights and powers created thereby or thereunder are in all respects ratified and
confirmed and remain in full force and effect. Where any section, subsection or clause
of the Agreement is modified or deleted by this First Amendment, any unaltered
provision of such section, subsection or clause of the Agreement shall remain in full
force and effect. However, where any provision of this First Amendment conflicts or is
inconsistent with the Agreement, the provisions of this First Amendment shall control.
3. Defined Terms. Terms used herein, which are not otherwise defined or
modified herein, but which are defined in the Agreement, shall have the meanings
therein ascribed to them.
4, Miscellaneous. This First Amendment (a) shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and assigns;
(b) may be modified or amended only in writing signed by each party hereto; (c) may be
executed by electronic signatures and in several counterparts, and by the parties hereto
on separate counterparts, and each counterpart, when so executed and delivered, shall
constitute an original agreement, and all such separate counterparts shall constitute one
and the same agreement; and (d) embodies the entire amendment and understanding
between the parties with respect to the subject matter hereof and supersedes all prior
agreements relating to such subject matter.
[Signatures to Follow on the Next Two Pages]
The undersigned have caused this First Amendment to be executed effective as
of the date first set forth above.
Terran fTeas corpo(oon
By.
Nan
NW Req1ty, [ 'c , a Texas, rpora
By. Fji
Nark J ,mfr `°
edanjo Partners, Ltd., a Texas limited
partnership
By and th�r,� l h its general partner, An awi,
L.L.C., a Zex,s waited lia ift-c/ornt. v
PEI
[21
City of Denton, a Texas home -rule municipal
corporation
By:
Howard Martin, Interim VityManager, under
the authority of City of Denton Ordinance No. 2016 -
ATTEST:
Jennifer Walters, City Secretary
APPROVED AS TO FORM: Anita Burgess,
City Attorney
3