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2016-386S:\Legal\Our pocuments\Ordinances\16\377 Relocation - Approval Of Haghighi Agreement Ordinance,Doc •!\ ►.► ►• � • �� ,, � • ', � � � • � � ',, � � � . � � � �" � � � i • � � ` ! R' ♦ ,... •. ' �� ..... � � � :• � .. R ,�� • ! !' ♦ ,. ! ! '. ��. ;� ♦.., , ,.� � ' ,: R �� , � ',, ♦ • ,.. � �. � ��: . 11 � �� / , �' : . � ,' � �,,. � '; � ,..,. � �.. � •� . .. � .... ! • ', M ':� ,� � R., � ♦ '� � , '�,, � . . . � [ ., ! ; • , '�. ♦ � � � ' � � : � � ♦ �... � t , :� ♦ �. � . ♦ ( ,' • .: 1 � �. �,.... � � �, � �,. R � .,... ,. � , ! ! � � ; � �... �: � ! �: � ...... � ... � � ��. 1 [. ♦. � ... � '' • j � �' � . ; 1 �, � � � '� ! ��' � '.. ! � � � • . , ',. � � �; .... � . � � .. � l � � '�' [ : � ��, � ,. � ,' � f�. � ! .� 1 �. 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I � ♦ . � .., . l��.. � ��.:.. � � � �...., � � �....... � '�. �' � � .... � � �� l.,.. � ♦ � �� '' � i � ' � •�I � � � � � � ; * • � � � �' � ' � � � • ' �' ! � • !'' ' ` .. � 1 '., R� � � : .,.. . � , �.,. , Y.,. ! � , � .... � R '� � '��, : �.. ��.. � �. ! ! ... , � : •; � � .� � � '., . � ..... � ,,,... .... � .. . � � � , � �� . : � , � • ,�.. .� ��,,, '.� �� ... . � .. � l .: . �.� � � [ � ��,, � � ��. � : ��. l :� ♦ � � ��:� R� � � �', . �. • � '... � �., �.. ,.: � '..� . � '�... � � ��.., ':� ! , � ..... '�. � � � . � � � . � , ., • • �� , .�� G � � �'�. � , � •' .� �. � '.... , ♦�.., � � ��... �� , ��... R : • ♦ ',. � . � � • �. ',.. � � ! ; WHEREAS, the City of Denton, Texas ("City"} has approved of the Fort Worth Drive Utility Relocations Praject, necessitating the need to acquire certain interests in real property; WHEREAS, Mohamad R. Haghighi and Soraya Irannejad are the owners of certain property on which the City needs to obtain easements; and WHEREAS, follawing the campletian af the in-progress Mission Street Sanitary Sewer praject, the City will no longer need certain existing easements; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby autharized to execute, for and on behalf of the City of Denton, the Easement Purchase and Abandonment Agreement (the "Agreement99), by and between the City of Dentan, Texas and Mohamad R. Haghighi and Soraya Irannejad, in the form as attached hereto and made part of this ordinance as Exhibit 66 ^ 99. r� SECTION 2. The City Manager, or his designee, is authorized to execute, for and on behalf of the City af Denton, any and all documents related to closing the transactions contemplated by the Agreement, including without limitatian, the Abandonment and Release. SECTION 3. If any section, article, paragraph, sentence, phrase, clause ar word in this ardinance, or applicatian thereof ta any persons ar 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 partion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. I'/+��5�?I� ,�i�17 ,r�l'1'I��J4`1;[� tl�i� �� c�� af � �.� "� �,..�: Y °�Ci1 �. ATTEST: JENNIFER WALTERS, CITY SECRETARY � � BY: . .. . TM� _ . �� Page 2 � � �' , r ��..- , �tt�' � � � �� , ��. � �: . .�__. CsI-I�I��'�� I'.�`�� AYOR APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY �, a �.�.._._ � ` - �a BY; �� ``�� ua �.� °"' �� Page 3 A�te�a r�ct�r+dia�,� r�#u�n i��, Jennifer Walters, City Secretary City of Denton 215 E. McKinney Street Denton, TX 76201 , . � . ,� , , This Easement Purchase and Abandanment Agreement (the "AGREEMENT") is dated �� , 2016 between Mohamad R. Haghighi and Irannejad Soraya ("OWNER"), and the City of Denton, Texas ("CITY"). WITNESSETH: WHEREAS, Mohamad R. Haghighi and Irannejad 5oraya, are the owners of a tract of real property described in a Warranty Deed from Mohamad R. Haghighi and Irannejad Soraya, recarded under Volume 5350, Page 4751, in the Real Property Records of Denton County, Texas ("PROPERTY"), being affected by the public improvement project called the FORT WORTH DRIVE UTILITY RELOCATIONS ("PROJECT99); WHEREAS, CITY is in need of certain easements for sanitary sewer utility purposes and temporary construction easement purposes, in, along, over, upon, under and across a portian of the PROPERTY related to the PROJECT; and WHEREAS, the CITY is amenable, upon the terms, provisions and conditions set farth herein, to partially abandon the following easement as a component of the purchase of sanitaxy sewer utility easement and temporary construction easement to the CITY by OWNER, to-wit: a. That certain water and sanitary sewer easement, dated February 12, 1960, from Dwight L. Archer, Jr. and Duane H. Archer to the City of Denton, Texas, recorded in Volume 454, Page 6, Deed Records, Denton County, Texas (the "Archer Easement99), SAVE & EXCEPT from abandonment herein that portion of said Archer Easement tract described and depicted in Exhibit "A" and Exhibit "B" respectively and being attached hereto as Attachment 1 and made a part hereaf (66Archer Easement Save & Except Tract"). WHEREAS, the CITY is amenable, upon the terms, provisions and conditions set forth herein, to completely abandon the following easements as a component of the purchase of sanitaxy sewer utility easement and temporary construction easement to the CITY by OWNER, to-wit: a. That certain water and sanitary sewer easement, dated February 12, 1960, from Ravanelle McMahan to the City of Dentan, Texas, recorded in Volume 454, Page 1, Deed Records, Dentan County, Texas, (the 6L* �{V1Y1GL1dLl,ld L�SVlddVlll")7 1t�1 b. That certain water and sanitary sewer easement, dated February 18, 1960, from Herbert Cottle and wife, Fae Cottle to the City of Denton, Texas, recorded in Volume 454, Page 117, Deed Records, Denton County, Texas, as referred to therein (the "Cottle Easement") c. That certain water and sanitary sewer easement, dated February 12, 1960, from Ruth Rich to the City of Denton, Texas, recorded in Volume 454, Page 3, Deed Records, Denton County, Texas, as referred to therein (the 66d�1Cd1 �a.�9�imeinl") d. That certain public utility easement, dated April 5, 1974, from Joe Belew and Terry Schneider to the City of Denton, Texas, recorded in Volume 702, Page 243, Deed Records, Denton County, Texas, as referred to therein (the "Belew & Schneider Easement99� WHEREAS, the Archer Easement is hereinafter referred to as the 66Partial Abandonment T��C L99' WHEREAS, the McMahan Easement, the Cottle Easement, the Rich Easement, and the Belew & Schneider Easement are hereinafter collectively referred to as the 66Complete Abandonment Tracts"; WHEREAS, both parties desire to stipulate and agree to the terms, conditions, abandonments and conveyances associated with the installation of sanitary sewer utility improvements for the PROJECT, including (i) the purchase by the CITY and conveyance by the OWNER of the sanitary sewer easement; and (ii) the purchase by the CITY and conveyance by the OWNER of the temporary construction easement; and (iii) the partial abandonment by the CITY of the Partial Abandonment Tract, and; (iv) the complete abandonment by the CITY of the Complete Abandonment Tracts. NOW, THEREFORE, the parties agree as follows: 1. At Closing, the OWNER shall grant, execute, and deliver to the CITY (i) easement in, along, over, upon, under and across the tract of land being described and depicted in Exhibit 66A" and Exhibit "B" respectively (the 665anitary Sewer Easement99) attached to that certain Sanitary Sewer Easement, being attached hereto as Attachment 2 and made part hereof; 1riC� (11� e1S0Tlle1li lri, along, over, upon, under and across the tract of land being described and depicted in Exhibit `�A99 and Exhibit "B" respectively (the "Temporary Construction Easement99) attached to that certain Temporary Construction Easement, being attached hereto as Attachment 3 and made part hereof (the Sanitary Sewer Easement and the Temporary Construction Easement are collectively referred to herein as the "Easements") 2 2. As consideration for the acquisition of the Easements, the CITY (i) shall pay to OWNER at Closing the sum of Nineteen Thousand Four Hundred and No/Dollars ($19,400.00) as monetary compensation for the Easements, and (ii) shall execute and deliver to the OWNER, within the time period prescribed below, the Abandonment and Release (the "Release") of the Partial Abandonment Tract and the Complete Abandonment Tracts. The CITY, by and through the City Manager, or his designee, shall execute and deliver to OWNER the Release, upon the completion, and acceptance by the CITY, of the installation of the sanitary sewer utility improvements contemplated by the MISSION STREET SANITARY SEWER project. The MISSION STREET SANITARY SEWER project being an in-process CITY public works project, attendant to the FORT WORTH DRIVE UTILITY RELOCATIONS project, but separate. OWNER stipulates and agrees that CITY is in need of the Partial Abandonment Tract and the Complete Abandonment Tracts until it completes the installation of the sanitary sewer utility improvements contemplated by the MISSION STREET SANITARY 5EWER project. 3. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSE5. THIS AGREEMENT IS PERFORMABLE 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COLTNTY, TEXAS. 4. The date on which this Agreement is executed by the CITY shall be the "Effective Date" of this Agreement. 5. In the event a party shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice delivered to: �' ' Mohamad R. Haghighi Irannejad Soraya 3605 Forest Ridge Drive Denton, TX 76210-5547 Phone 940-565-6577 CITY: City of Denton Paul Williamson Real Estate Division 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 CITY: 3 Telecopy: City of Denton Trey Lansford, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 and opportunity to cure, the non-defaulting party may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. 6. Each party represents and warrants that it has taken all actions necessary to authorize the person executing this Agreement to bind it, in all respects, to all terms and provisions of this Agreement, that such person possesses the authority to execute this Agreement and bind its party hereto, and that this Agreement is binding and enforceable upon it in accordance with the terms hereof. 7. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. CITY OF DENTON, TEXAS �� f �r -.. BY� �� r � � � �-� .�� . ..��_. HOWARD MARTIN, 1NTERIM CITY MANAGER Date: , 2016 ATTEST: JENNIFER WALTERS, CITY SECRETARY � i BY: ._ .. �� Date: ".. ` '�� .�:. �.. -----.._—, 2016 APPROVED AS TO LEGAL FORM: � . . � • . �. . � � � � . � : � � , �,. BY: ' ' ,�� f� Date: � � � � � �� , 2016 • ./� '' By. �'��-�� :��-� �`�� v;� Mohamad R. Haghighi Date: f 1�� 1 , 2016 ��..�,,,,,,.,.�, � OWNER: g �� ;�° �, By: � � � :�� ,�q��. ...� . Irannejad � �•d��. Date: //� �� , 2016 . ..��„�,,,��...� "ATTACHMENT 1" to Easement Purchase and Abandonment Agreement EXHIBIT "A" LEGAL DESCRIPTION BEING a 0.0106 acre tract of land situated in the William Daniel Survey, Abstract No. 378, City of Denton, Denton County, Texas, and being part of a 15.00 foot wide Water and Sanitary Sewer Easement as described in a Deed to the City of Denton, Texas, and recorded in Volume 454, Page 6 of the Deed Records of Denton County, Texas (D.R.D.C.T.), and being further described as part of a called 3.244 acre tract of land described in Deed to Mohamad R. Haghighi, as recorded in Document No. 2003-0090814 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particulariy described as follows: COMMENCING at a 1-inch by 1-inch angle iron found at the northwest corner of a tract of land described in Deed to Mohamad R. Haghighi and Soraia lrannejad, as recorded in Document No. 2015-149745 of the OfFcial Records of Denton County, Texas (O.R.D.C.T.), common with the northeast corner of a 20.00 foot wide Water and Sanitary Sewer Easement as described in a Deed to the City of Denton, Texas, and recorded in Volume 454, Page 1 of the Deed Records of Denton County, Texas (D.R.D.C.T.); THENCE North 89°33'38" West, departing the west line of said Mohamad R. Haghighi and Soraia lrannejad tract and along the north line of said Water and Sanitary Sewer Easement tracts, passing the northwest corner of said 20.00 foot easement and the northeast corner of said 15.00 foot easement at a distance of 79.83 feet, and continuing for a total distance of 259.08 feet to the POINT OF BEGINNING; THENCE South 02°20'05" West, departing the north line of said 15.00 foot Water and Sanftary Sewer Easement, a dlstance of 15.01 feet to the intersection with the south line of same; THENCE North 89°33'38" West, along the south line of sald 15,00 foot Water and Sanitary Sewer Easement, a dlstance of 31.22 feet to the Intersection with the common westerly line of sald 3.244 acre tract and the existing easterly right-of-way line of U.S. Highway 377 (Fort Worth Drive, variable width R.O.W.), for the beginning of a non-tangent curve to the left, having a radlus of 3334.02 feet, a central angle of 00°15'32", and a chord bearing of North 05°24'31" West, 15.06 feet; TNENCE in a northwesterly direction, along the last stated common line and said curve to the left, an arc distance of 15.06 feet to the northwest corner of said 15.00 foot Water and Sanitary Sewer Easement; THENCE South 69°33'38" East, departing said common line and along the north line of said 15 foot Water and Sanitary Sewer Easement, a distance of 30.42 feet to the POINT OF BEGINNING, and containing 0.0108 acres of land, rnore or less. NOTES: 1. Bearings of lines shown hereon are referenced to Grid Nortl� of the Texas Coo►rlinate System (Nortli Central Zone 4202: NAD83 (2011) EPOCH 2O10) as derived locally from Westem Data Sysfems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The disfances shown hereon represent surface values utilizing an Average Combination Facfor of !. 000150630 to scale from grid to surface. 2, A Parcel Exhlbit of even date herewith accompanies this Lega! Description. See Exhibit "8" "�;� ` . ��-�'. ��,�� Marvin King, R.P.L,� . No. 5581 Teague Nali and Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 (940) 383-4177 T.B.P.L.S. Firm 10011601 Date: October 18, 2016 DEN16023 — P12E-A►�her Esmt Save & Except Page 1 of 2 � � T � � � _ , _ , r , „ �.. i • ��-- � � . ,� � � � � . � . � � ` R . � �,d , ,,.�,,. -- � ;�t t ��I„ x �� -:. # ,, -� :. , ' + :� � ^ � ,� x�� .�� , Y.. , tia� �. y �*� �: �� ` � �'�"°f � : �� '�t� . � R � i7�[�-- ' —OHE— `, - '-OHf— — --9a� mS _ � �.� _ x� � � � � � ..... �� m � �j � � - o � C7 D o �—� ,EN frl � o • � I I �A W N -+ � � �nD N�� 4��Qm r7r � w 5{ � fABL �� ,� O � � mo mm`� �� 9""' r"- �Fy � � � � m m y � �• � � fD �� 0��3 � �� e m � � � � � � � m3 s m m o�� O N a �. 4 ��3�c� g �� x�� m ��3��0 � s �� ' $. � N � A� �2 c �s. �� '�3�m� �� o� � <�� =m N � � �� N �� N • � l � f _ ' � . '' . •i � •. ,•� ' � • �' � � � � � . � � ', . � . ., � . � � � - � . , � � ! . � I R ♦ , � , � ! � ,; � � j, R '�. ':! � 11 � �: . , l.I. � R �' I �' ' �' I ' : ' 1' ! !' ' 1 ' ; " �' ; � ' 1' ' ; ■ ��i-��i. : � . � ; ,� '.: / :� �� `�I * \ 1 / R' l ! THAT Mahamad R. Haghighi and Saraya Irannejad (collectively known as"Grantar"), of Denton County, whose mailing address is 3605 Forrestridge Drive, Denton, TX 76210-5547, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuahle consideration in hand paid by the City af Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a 0.1105 acre perpetual sanitary sewer easement in, along, upon, under, over and across the following described praperty (the 66Property99), owned by Grantor, and situated in Denton County, Texas, located in the William Daniel Survey, Abstract Number 378 to wit: � �' � � � � r . I � R � i I I' I► •. R i :! 1 ' � . � . � . �� ` *- � � For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining sanitary sewer pipelines and all related facilities and appurtenances, respectively, in, along, upon, under, over and acrass said Property, including without limitatian, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements an and repairs to said facilities or any part thereof. This Easement is subject to the following: l. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness our hands, this the day of , 2016. Mohamad R. Haghighi Soraya Irannejad 2 � • ! •i • This instrument was acknowledged before me on Mohamad R. Haghighi. Notary Public, in and for the State of My commission expires: � # � � • , •� • This instrument was acknowledged before me on Soraya Irannejad. Notary Public, in and for the State of My comrnission expires: �3 1 . r 1 . . P12E-SSE-1 EXHIBIT "A" LEGAL DESCRIPTION SANITARY SEWER EASEMENT BEING a 0,1105 acre tract of land situated in the William Daniel Survey, Abstract No. 378, City of Denton, Denton County, Texas, and being part of a called 3.244 acre tract �ti� I�r�� d�scribed in Deed to Moharnad R. Haghighi, as recorded in Document No, 2003-0090614 of the Real Prc��r�y F�ecords of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 1-inch iron pipe found at the northeast corner of said 3.244 acre tract and the southeast corner of a called 5.236 acre tract of land described in Deed to 4th Frame, LLC, as recorded in Document No. 2014-78415 of the Official Records of Denton County, Texas (O.R.D.C.T.); THENCE North 89°28'30" West, along the common north line of said 3.244 acre tract and the south line of said 5.236 acre tract, a distance of 367.56 feet to the POINT OF BEGINNING; THENCE South 02°20'05" West, departing said common line, a distance of 175.46 feet to the intersection with the north line of a 15.00 foot wide Water and Sanitary Sewer Easement described in Deed to the City of Denton, Texas, as recorded in Volume 454, Page 6 of the Deed Records of Denton County, Texas (D.R.D.C.T.); THENCE North 89°33'38" West along the north line of said Water and Sanitary Sewer Easement, a distance of 30.42 feet to the intersection with the common westerly line of said 3.244 acre tract and the existing easterly right-of-way line of U.S, Highway 377 (Fort Worth Drive, variable width R.O.W.), for the beginning of a non- tangent curoe to the left, having a radius of 3334.02 feet, a central angle of 03°01'11 ", and a chord bearing of North 03°46'10" East, 175,70 feet; THENCE in a northeasterly direction, along the last stated comman line and said curve to the left, an arc distance of 175.72 feet to the northwest corner of said 3.244 acre tract and the southwest corner of said 5.238 acre tract, from which point a 1/2-inch iron rod found bears North 69°02'19" East, a distance of 0.50 feet; THENCE South 89°28'30" East, along the common north line of said 3.244 acre tract and the south line of said 5.236 acre tract, a distance of 26.01 feet to the POINT OF BEGINNING, and containing 0.1105 acres of land, more or less. NOTES: 1. Bearings of lines shown he►ison are referenced to Grid North of the Texas Coordinate System (North Cenfral Zone 4202: NAD83 (2011) EPOCH 2O10) as derived locally fr�om Westem Dafa Systems Contlnuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) me[hods. The distances shown he�on represent surface va/ues ufilizing an Average Combination Factor of 1.000150630 to scale fiom grid to surtace. 2. An Easement Exh/b/f of even date he►�wlth accompanies this Legal Description. See Exhibit "8" �;�c ,�� °�� Marvin King, R.P.L.�� No 5581 Teague Nall and Perklns 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 (940) 383-4177 T.B.P.L.S. Firm 10011801 Date: October 18, 2016 DEN16023 — P12E-SSE-1 Page 9 of 2 STATE OF TEXAS RIGHT-OF-WAY ESMT VOL. 289, PG 803 D.R.D.C.T. 1/2'IRF S�fi� N B8°02'99' C-0.60' Qas r�sr STAriON � �� I py � � � � � � � � � � � , 1 a �' I � � ; � � � ,�� ARCHERESMT. � �[ SAVE d IXCEPT TR. � (8Y8EPARATE PSAT�;i_ � SION - • r� - � r` m 47H FRAME, LLC CALLED 5.236 ACRE TRACT DOC. NO. 2014-78415 O.R.D.C.T. N 89°28 30" W- 367.56' 1 � �� ,�'yp�� 'i��J� ��r��s� .. . . �� pl i'1 ca �� " 1�1 -� �� .; � `'y�� P12W-TCE-1 ^�I (BY SEPARATE PLA'� � � � � I � ! I � '�� la�a'Rt�BPAss JION .._._ ��t4'�,�,'.�"�. �..-�_.. �x z - s�a�r�r,� �z�e • •` � ' 1 l� • •: 1 I ...(I I' 1: ' 1 , • � ! ' � f .. • I �1 11; 1:;. ' ■ ClTYOFDENTON, TX 15' WATER & SANJTARY SEWER E4SEMENT VOL 454, PG. 8 _ D.R.D.GT � CURVE TABLE �LIR'�� bELTA ANGLE ' RA{i41�S AF�C l.�N�T� �Fl�#��3 B�RI�G CH�R� E.E�IGiFE C1 3'01 11 3334.02 17�.7� k� �?�'�66 7� � 17�.7t�, NOTES• �� '�r��,�� 1. Beerinps of Ilnee shown hereon ere referenced to Grid North of the Texas Coordinele System (North Cenlrel Zone 4202: NAo03(2071) EPOCH 2O10) ee dorlvetl locelly from Weetem Date Systema Continuously Operating RePerence Stellons (CORS) via Reel Time Kinemetic (RTK) mathoda. 7ha dletances shown hereon represent surfece values utllizing an Average Combinatlon Fector of 1.U00150830 to scale lrom grld to surf�e. 2. This exhibit wes prepared wlthout Iha benefit of e currenl title commilment Addltlonel easemants, AphtsoP�✓ay entllor othar matters oP record may eflact thle tract the4 ere rmt shown hereon 3.. A Legal Deacriptbn of even dale herewilh accamparties this Easement Exhlblt. See Exhibit "A". teague nall 8� perkins ��" � �� 1317 Gmro Ploce Drlw, SuiM 040 ` Denlon, Taxac 76105 940.783.9177 ph 990.383.BOZA fx w�,.��i�«om T.e.r.�a. Fi� No. ioo>>ao� 0 20 40 80 SCALEs 1" = 40' LINE TABL.P LINE BEARING �f�TAN�� t_fi � �r?�`2i� i�5 W fi�5.46` L2 N 89°�;3:58 W 3�3.42 L3 � ��`�8'3i�" � �fi.01 LEGEND ..___ ................. �... �i. CALCULATED POINT ..__......�.._....... iJ 12 IRON ROD FOUND �teNL.E.�S �^E}"i�fi f�7H�FZYVI�SEy S�M1+J CONTROLLINGMONUMENT �� FH (FIRE HYDR4N'n ��. TCLCPI IONC UTIUTY � GUY WIRE �. POWER pOLE � UTILITY SIGN (UNLESS NOTEDOTHERWIS� � �� WATER METER � WATEF VAWE �� .. —.._.. _.... — EASEMENT BOUNDARV LINE PROPERTY LINE —__ _ � EXI9TIN0 EA9EMENT EXIS7ING RIGHTAF-WAY EX��B�T "Bn i � . �r �-�° neirv� u.1105 ACRE SANITARY SEWER EASEMENT SITUATED IN THE WILLIAM DANIEL SURVEY, ABSTRACT NO. 378 CITY OF DENTON, DENTON COUNTY, TEXAS DEN 16023 SHEET 2 OF 2 � �> � - _ ■ < . •' � • . ', • • � t; • � � _ il � � � � . r � . � . . • . � � � , � � r� ;� � � � � �"; � � � r � r ,� � � r r , I� ...� R ] � ! ��:� R: , .:� , ..:, � � .. � � ��..■ 1 ;.. j � ��:.. , � 1 .;�: � ,��. ■ ,., � '.,. R �;. , � , �'� � �.� � �... � � ;�.; 1 • ,,..� � � � ` �: ' � : � A �` :� � ��.�.. '.:, �::, • ♦ ♦ I. � ... ►� 1 ! THAT Mohamad R. Haghighi and Soraya Irannejad (collectively known as 66Grantor"), of Denton County, whose mailing address 3605 Forrestridge Drive, Dentan, TX 76210-5547, in consideration of the sum of Ten and No/100 Dollars ($10.00} and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt af which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction easement being a 0.0403 acre tract in, along, upon, under, aver and acrass the following described property (the 66Property99}, owned by Grantor, and situated in Denton Caunty, Texas, lacated in the William Daniels Survey, Abstract Number 378 to wit: I� . � � . , . . � • ; � ; I I ' I : R :� 1 ' � � 1 � 1 < '�'` . : � It is agreed that the said City of Denton, Texas, in consideration of the benefits abave set out, will remove from the Property above described, such fences, signage, buildings and other abstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Praperty. It is specifically stipulated by Grantor that the scope af the access, constructian and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The City af Denton, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under and across said Property for the purpose of construction activities ar any part thereof. The terrm of this grant shall expire on the earlier to occur af (i) two (2) years from the date of the 66Contractor Notice to Proceed Letter" far the Fort Worth Drive Utility Relocations project; and (ii) June 30, 2019. • i' ` ` ! � ' � ! � ' . � • !- • , • - . � 't - r �• ,,- , • - � � - � - , �• - [- a;-� Witness our hand, this the d�ty of , 2016. �i .� ' .. . r .� � • ! � • , COUNTY OF § - • ; ��-� �- � - - •; r ,a ' ., , Notary Public, in and for the State of My commission expires: F� 1 . r � • � THE STATE OF This instrurnent was acknowledged before me on Soraya Irannejad. Notary Public, in and for the State of My commission expires: _�� 1 . . P12E-TCE-1 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0,0403 acre tract of land situated in the William Daniel Survey, Abstract No. 378, City of Denton, Denton County, Texas, and being part of a called 3.244 acre tract of land described in Deed to Mohamad R. Haghighi, as recorded in Document No. 2003-0090814 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 1-inch iron pipe found at the northeast corner of said 3.244 acre tract and the southeast corner of a called 5.236 acre tract of land described in Deed to 4th Frame, LLC, as recorded in Document No. 2014-78415 of the Official Records of Denton County, Texas (O.R.D.C.T.); THENCE North 89°28'30" West, along the common north line of said 3.244 acre tract and the south line of said 5.236 acre tract, a distance of 357.56 feet to the POINT OF BEGINNING; THENCE South 02°20'05" West, departing said common line, a distance of 175.44 feet to the intersection with the north line of a 15.00 foot wide Water and Sanitary Sewer Easement described in Deed to the City of Denton, Texas, as recorded in Volume 454, Page 6 of the Deed Records of Denton County, Texas (D.R.D.C.T.); THENCE North 89°33'38" West, along the north line of said Water and Sanitary Sewer Easement, a distance of 10.01 feet to a point for corner; THENCE North 02°20'05" East, departing the north line of said Water and Sanitary Sewer Easement, a distance of 175.46 feet to the intersection with the common north line of said 3.244 acre tract and the south line of said 5.236 acre tract; THENCE South 89°28'30" East, along the last stated common line, a distance of 10.00 feet to the POINT OF BEGINNING, and containing 0.0403 acres of land, more or less. NO TES: 1. Bearings of lines shown hereon are referenced to Grid Norfh of the Texas Coordinate System (North Cenfral Zone 4202: NAD83 (2011) EPOCH 2O10) as derived locally from Western Data Sysfems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) mefhods. The distances shown hereon represent surface values utilizing an Average Combinaiion Factor of 1.000150630 to scale from grid to surface. 2. An Easemeni Exhibit of even date henswiih accompanies this Legal Descripfion. See Exhibit "B" b �� Marvin King, R.P.L. . No. 5581 Teague Nall and Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 (940) 383-4177 T.B.P.L.S. Firm 10011601 Date: October 18, 2D16 DEN16023 — P12E-TCE-1 Page 1 of 2 STATE OF TE)(A3 RIGHT-0E-WAY ESMT: VOL. 288, PO 303 D.R.D.C.i. nr as°Za�so• � 28.01' ,r�� H��,��•�.�� sr�nonr .,� PU1� � ARCHER EBMT. SAVE 8o OCCEPT TR. i (BY 9EPARATE PLA� � o�no€r� �kN �" ,: - - 4TH FRAME, LLC CALLED 5.238 ACRE TRACT DOC. NO. 2014-78415 O.R.D.C.T. � 9° sf�flH P'�� r� N 89°28'30" W- 357.56° � 5` � r � �4��1� . �� ' �� ° ��#� � �� . •� . .. �� . �� : . :. � H', CITYOFDENTON,TX t —15' WATER 6 SANITARY � SEWER EASEMENT ° s��r�T'a�l VOL. 484, PG. 0 rervcr D.R.D.C.T. �c��ati; — _ _ �-- �.�.� � .�. No Aaa 9/oN 0 �0 40 B � SCALE� 1" = 40' =�� . .�,.� � �..� .�.�. �,� "Rt�"�+lG �NCE LINE TABLE LINE ��Asf�I�J� [�95T,�PdCE L1 S 02'20'05" W 17�.44 1..2 N 89'3� 38 W i(3.C11 L� N 02`20 05 E 1��.46 L4 5 89°28'30" E 7 C�,pO f � ' ,�;1 �.�1 ';: • : r '. ■ - �• '� ' 1 1: I 1 1 1.��: = y � _��;; ,r;� NOTES. 9. Beaeinpe of Ilnes ehown herean ere referenced to Grld North ef the Texes Coordlnete System (North CeMrel Zone 4202: NADB3�2011) EPOCH 2O10) ea derlved locelly from Weelem De9e Sys4eme Cwitimeoualy Operatinp Referencs Statloro (CORS) vle Reel Tlme Klnemal� (RTIq melhoda, The �etencee ehoxm hereon repee'enl auAece vel�e udllzing en Averege Combinetlon Feclar oP 1.00�950880 to ecele 4rom grld to eurPace. 2. Th� exhlblt was peepared wNhout lhe benePlt of e current title carnmitment. Addlllaial eeaemenle, rlphlsrof•wey end/or olher melten of record mey eHect thle trect thal are not ehown hereon. 3. A Leqal Deeerlp9lon of even dele herewlth aeeompenlea lhls Eeaemerrt Exhlbit See Exhlbll'°A". t nall perkins _ B 51 Y C�nM Plaes Ddv., SuN� 920 ..� �' Donlon, Yaxa, i6R05 �� 940.383.4177 ph 940.383.8016 Fx - www.lnpinacom Y'4.1�.1,..8,F°��inn?!n yp'!4f@9�C :� 5587 � :' J ,."�`��' S Po y � �� Q, wi �� s � �.'�� {3�� .._ LEGEND .i � '�. CALCULATED POINT '��. ad ''�. 9121RON ROD FOUND �U�i4�.8� NOTED iYT'FMt�Ft'4^JISm) t��' CONTROLLINO MONUMENT FH [��7� F��'��-�t (� TELEPHONE UTILITV . 4� ..' OUY WIRE ��.� POWER POLE _ � r� ��.�. UTILITY SIGN �.RM4:�:8�S N{3`��i'7 �a�"H�R+M�e�) � '�.. WATER MET6R dD ��.�� WATER VALVE —�- -- ------ EA9EMENT BOUNDARY LINE ��.� PROPERTY LINE �� EXIBTINGEABEMENT� �� exisnrvG Ricwrow-wav � �.� -.- . . ■ �� • � �. • � �� . ��. • - DEN 16023 �� j'��7�