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2017-019AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TO EXECUTE, FOR 1 • ON OF PURCHASE AGREEMENT ("AGREEMENT"), FOR THE PURCHASE PRICE OF ONE HUNDRED EIGHTEEN THOUSAND ONE HUNDRED FIFTEEN DOLLARS AND NO CENTS ($118,115.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE AGREEMENT, ♦ ATTACHED HERETO AND ♦ 1 ♦ PART ♦ R HEREOF AS EXHIBIT44A99, ENCUMBERINGBY AND BETWEEN THE CITY AND PKR PROPERTIES, LP, PROVIDING FOR (A) THE PURCHASE BY THE CITY OF (1) WATER AND SANITARY SEWER EASEMENT, 0.1056 OF •R PARTICULARLY IN THE TEMPORARY CONSTRUCTION EASEMENT, BEING ATTACHED TO AND MADE A PART OF THE AGREEMENT; ALL TRACTS OF REAL PROPERTY BEING IN THE ALEXANDER ♦ , R SURVEY, ABSTRACT R ♦ i • 623, GENERALLY ♦ • •, IN THE 111 BLOCK OF •'T WORTH !'IVE; AUTHORIZING THE EXPENDITURE OF PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (FORT WORTH DRIVE UTILITY RELOCATIONS PROJECT — PKR PROPERTIES, LP) :. • • • • • : R 1` • R ` SECTION I . The City Manager, or his designee, is hereby authorized to execute, for and on behalf of the City of Denton, the Easement Purchase Agreement (the "Agreement"), by and between the City of Denton, Texas and PKR Properties, LP, in the form as attached hereto and made part of ordinance as , SECTION,, or designee,• • to execute, forand on behalf of the City of • and all documents related to closing the transactionst • • by Agreementthe • to perform any actions madeor proscribed • Agreement, including but •I limited to the expenditureof •s contemplated thereby. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in th ordinance, •• •n thereof to any persons or - • invalid • • • r' • • • • • • • • • •validity s the remaining portions of this ordinance; the City Council declares that it would have ordain such remaining portion despite such invalidity, and such remaining portion shall remain in fu • •! SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2017. NTTEST: JENNIFER WALTERS, CITY SECRETARY I Z Xar BY: BY: THIS EASEMENT PURCHASE AGREEMENT (the "Agreement") is dated 7, - 201�, but effective for all purposes as provided in this Agreement, between PKR Properties, LP, a Texas limited partnership (the "Owner") and the City of Denton, Texas ("City") WITNESSETH: WHEREAS, PKR Properties, LP, is the Owner of a tract of land (the "Land") in the Alexander Hill Survey, Abstract Number 623, Denton County, Texas being affected by the public improvement Project called the Fort Worth Drive Utility Relocations project ("Project"); and WHEREAS, City is in need of certain easements in, along, over, upon, under and across the land described above related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary easements for the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1) At Closing, the Owner shall grant, execute, and deliver to the City (i) an easement in, along, over, upon, under and across the tract of land being described and depicted in Exhibit "A" and Exhibit "B" respectively (the "Water and Sanitary Sewer Easement Lands"), to that certain Water and Sanitary Sewer Easement attached hereto as Attachment 1 and made part hereof, for water and sanitary sewer purposes, as more particularly described therein (the "Water and Sanitary Sewer Easement"); and (ii) an easement in, along, over, upon, under and across the tract of land being described and depicted in Exhibit "A" and Exhibit "B" respectively (the "Temporary Construction Easement Lands"), to that certain Temporary Construction Easement attached hereto as Attachment 2 and made part hereof, for temporary construction easement purposes, as more particularly described therein (the "Temporary Construction Easement"). (The Water and Sanitary Sewer Easement Lands and the Temporary Construction Easement Lands are collectively referred to herein as the "Easement Lands"). The Water and Sanitary Sewer Easement shall be in the form as attached hereto and incorporated herein as "Attachment 1", and the Temporary Easement shall be in the form as attached hereto and incorporated herein as "Attachment 21' (the Water and Sanitary Sewer Easement and the Temporary Construction Easement are collectively referred to herein as the "Easements"). 2) As consideration for the granting of the Easements, the City shall pay to Owner at Closing the sum of One Hundred Thousand Five Hundred and Fifteen and No/100 Dollars ($100,515.00) as compensation for the Easements. The monetary compensation prescribed in this Section 2 is herein referred to as the "Easement Monetary Compensation". 3) In addition to the Easement Monetary Compensation, and being a component part of the Project, the parties agree to the following: (i) upon completion of utility construction activities, except as provided below, the City shall restore, at its sole cost and expense, those areas of asphalt and concrete flatwork within the Easement Lands or otherwise damaged by the construction of the Project, to at least the same condition that existed prior to Project construction. The damaged asphalt and concrete flatwork shall be reconstructed in a workmanlike manner, using materials comparable to that of the existing asphalt and concrete flatwork, inclusive of parking lot striping. (the "Asphalt and Concrete Flat Work"), and (ii) prior to mobilization upon Owner's property by the Project utility contractor, the City shall cause to be constructed a 24 -foot wide Temporary Driveway, to be located as generally depicted in Attachment 3, attached hereto and made a part hereof (the "Temporary Driveway Work"), and (iii) the City shall pay Owner the additional sum of Seventeen Thousand Six Hundred and No/100 Dollars ($17,600.00) so that the Owner, at 2 Owner's sole cost and discretion thereafter, may install Fencing, Parking Lot Striping, and Concrete Curb Stops, to provide for an Alternate Parking Area upon Owner's property tract, to be located as generally depicted in Attachment 4, attached hereto and made a part hereof (the "Alternate Parking Area"), so as to provide for an alternative parking solution for those periods of time Owner's parking areas are being occupied for the City's contemplated utility relocation work. No City permitting is required for the contemplated striping and curb stop placement within the Alternate Parking Area. As a matter of course, a Fence Permit will be required, however, approval of said Fence Permit shall not be unreasonably withheld. Upon completion of the Project, the Owner may, solely at the Owner's discretion and/or costs, either remove the Alternate Parking Area measures, or leave them in place. No removal of the Alternative Parking Area measures will be required. The Fencing, Parking Lot Striping, and Concrete Curb Stops payment ($17,600.00) and the Easement Monetary Compensation payment ($100,515.00) combined represents the total monetary compensation due Owner (the "Total Monetary Compensation"), the sum total being One Hundred Eighteen Thousand One Hundred Fifteen Dollars and No/l 00 Dollars ($118,115.00). 4. Owner stipulates that the Easement Monetary Compensation payment, the Asphalt and Concrete Flat Work, the Temporary Driveway Work, and the Fencing, Parking Lot Striping, and Concrete Curb Stops payment constitutes and includes all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property, any payments due for or related to improvements located within the Easement Lands, costs of repair and/or relocation of any improvements on the Easement Lands and any damage to the improvements or any other interests of OWNER on the Easement Lands or on any other property of OWNER affected by the PROJECT. This Paragraph does not affect or limit the obligation of CITY, and those persons entering the OWNER'S property in connection with the PROJECT, to repair all damage and compensate OWNER for all losses to the building structures and improvements on OWNER'S property tracts outside the limits of the Easement Lands. CITY agrees to compensate OWNER for all damages and losses to improvements, other than those identified in Paragraph 3, not located within the Easement Lands, to the extent that the 3 CITY, CITY's employees, agents, contractors, or assigns, directly cause such damages or losses and to assist in the processing of such claims to the extent such claims are properly made to a third party. 5. It is understood and acknowledged that one driveway onto US Highway 377 shall remain open and available to Owner, during Owner's normal business hours, for the duration of the Proj ect. 6. The Closing (herein so called) shall occur in and through the office of Reunion Title, 2745 Wind River Lane, Denton, Texas, 76210 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. The Owner shall convey the Easements free and clear of all debts, liens and encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances and other curative efforts affecting the Easements, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 15, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. All other typical customary and standard closing costs 0 associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the City shall be the "Effective Date" of this WE=_ 9.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of such default and opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. B. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 11. From and after the date of execution of this Agreement by Owner to the date of Closing, Owner shall not (i) convey or lease any interest in the Easement Lands; (ii) enter into any Agreement that will be binding upon the Water and Sanitary Sewer Easement Lands or upon the Owner with respect to the Water and Sanitary Sewer Easement Lands after the date of Closing; 0 and/or (iii) enter into any agreement that will be binding on the Temporary Construction Lands at any time prior to the termination of the Temporary Construction Easement. 12. Any notices prescribed or allowed hereunder to Owner and/or City, unless prescribed otherwise in this Agreement, shall be in writing and, except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: Niffems PKR Properties, LP Phone Telecopy: Copies to: For Owner: Telecopy: CITY - City of Denton Paul Williamson Real Estate Division 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 ,"(I' 1 - (-:1 i -ty Trey Lansford, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 0 13. 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. Time is of the essence with respect to this Agreement. 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Easements. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 16. If the Closing Date or day of performance of any act required or permitted hereunder falls on a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as the case may be, shall be the next following regular business day. ���-. By: Mt�A(AI Howard Martin, Al Interim City Manager Date: t/ I u I :X -Z I I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Date: 1oL01 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ■ ■ Date: 1 ci- h' OWNER: PKR PROPERTIES, LP [a I . Date: By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. Reunion Title 2745 Wind River Lane Denton, Texas 76210 Telephone: (940) 382-3030 Telecopy: (940) 382-0575 By: Printed Name: Title: Agreement receipt date: 111��111 111111q1111111111111 111��111 III` I • i�'w1m,=t- LrO33= 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. THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT PKR Properties, LP, a Texas limited partnership, ("Grantor"), of Denton County, whose mailing address is 6932 Brentfield Drive, Dallas, TX 75248-2255, 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 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 0.2614 acre perpetual water and sanitary sewer easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Alexander Hill Survey, Abstract Number 623 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A99, AND DEPICTED IN EXHIBIT "B" BOTH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining water pipelines, sanitary sewer pipelines and all related facilities and appurtenances, respectively, in, along, upon, under, over and across said Property, including without limitation, 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 on and repairs to said facilities or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or n 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. Notwithstanding anything to the contrary contained in this paragraph 1, Grantor shall have the rights in respect to the Property that are set forth in paragraph 4 below. 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 is not inconsistent with the City's rights granted to Grantee herein for the purposes granted. Notwithstanding anything to the contrary herein, (a) the Property may be crossed by utilities, sidewalks, paving and parking areas; (b) the surface of the Property may be used for landscaping (limited to grass & turf) provided no trees are planted thereon. 5. Restoration. Following the use of the Property for construction, reconstruction, installation, repair, relocation, operation or maintenance of the facilities referenced herein, Grantee shall restore theProperty as near as practicable to the condition which existed prior to the applicable construction, reconstruction, installation, repair, relocation, operation or maintenance activity, including without limitation the placement and restoration of any, curbs or paving disturbed as a result of such activities. 6. 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 its hand, this the day of ,2016. F) 1 =1 PR Properties, LP, a Texas limited partnership Printed Name: Title: ACKNOWLEDGMENT THE STATE OF § COUNTY OF This instrument was acknowledged before me on 2016, by as on behalf and for PKR Properties, LP. Notary Public, in and for the State of 901 -A TEXAS STREET DENTON,0• ATTN: PAUL • My commission expires: 9 P3E-SSWLE-1 EXHIBIT "A" LEGAL DESCRIPTION SANITARY SEWER AND WATER LINE EASEMENT BEING a 0.2614 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, and being part of a tract of land described in Deed to PKR Properties, LP, as recorded in Document No. 2008-48554 of the Official Records of Denton County, Texas (O.R.D.C.T.), and further described as part of Lot 1 in Block 1 of Cashway Addition, as recorded in Cabinet B, Page 364 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 5/8 -inch iron rod found at the southeast corner of said PKR Properties tract, same being the southeast corner of Lot 1, Block 1 in said Cashway Addition, the northeast corner of Lot 2 in Commercial Services Park as recorded in Cabinet B, Page 93 (P.R.D.C.T.), and located in the existing westerly right-of-way line of Locust Street (variable width R.O.W.); THENCE North 89°32'53" West, departing the existing westerly right-of-way line of said Locust Street and along the common south line of said Cashway Addition, same being the south line of said PKR Properties tract, and the north line of said Commercial Services Park, a distance of 449.78 feet to the POINT OF BEGINNING; THENCE North 89032'53" West, continuing along said common line, a distance of 15.08 feet to the southwest corner of said Cashway Addition, the northwest corner of said Commercial Services Park, and located in 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 right, having a radius of 2544.21 feet, a central angle of 09°43'55", and a chord bearing of North 03°02'40" East, 431.63 feet; THENCE in a northeasterly direction, departing the north line of said Commercial Services Park and along the common westerly line of said Cashway Addition, the existing easterly right-of-way line of said U.S. Highway 377, and said curve to the right, an arc distance of 432.15 feet to a point for corner, from which a found 1/2 -inch iron rod bears South 79°02'27" West, a distance of 0.45 feet; THENCE North 4756'25" East, continuing along said common line, a distance of 137.33 feet to a 1/2 -inch Square Pipe found at the most northerly northwest corner of said PKR Properties tract, same being the most northerly northwest corner of Lot 1, Block 1 in said Cashway Addition, and located in the existing south right-of-way line of Acme Street (variable width R.O.W.); THENCE South 89038'13" East, departing the existing easterly right-of-way line of said U.S. Highway 377 and along the common north line of said Cashway Addition and the existing south right-of-way line of said Acme Street, a distance of 29.65 feet to a point for corner; THENCE South 47°56'25" West, departing the last stated common line, a distance of 117.03 feet to a point for corner; THENCE South 20005'23" West, a distance of 122.81 feet to a point for corner; DEN16023 — P3E-SSWLE-1 Page 1 of 3 THENCE South 02°07'56" West, a distance of 309.33 feet to a point for corner; THENCE South 02007'56" East, a distance of 20.11 feet to the POINT OF BEGINNING, and containing 0.2614 acres of land, more or less. NOTES: 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System (North Central Zone 4202: NAD83 (2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1. 000 150630 to scale from grid to surface. 2. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B" Marvin King, R.P.L.S. 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 20, 2016 DEN16023 — P3E-SSWLE-1 Page 2 of 3 CONC. fPP•,ffAl' SIGN (WATER sTRucrJRE�S S I Q � I v aPGN (SPEED LIMfn Q 1/2" IRF BEARS S 70'02'2r W . 0AW SIGN (TELE ) 0 SIGN (PRIVAM r U I] ASPHALT PAVING DRAINAGE ..SQUARE STRUCTURE fCA ACME STREET —4a E (VARIABLE WIDTH RIGHT -OF -Mr _A ASPH. PARKING I i I �u;i `� t. }t WU WB 18'POS7) PKR PROPERTIES, LP DOC. NO. 2008-48554 O.R.D.C.T. ASPH. PARKING NE-TICE-1 (BY SEPARATE PLAT) 1 f t. k mT� NOTES: 0 30 60 1 C SCALE; 1" = 60' LEGEND CALCULATED POINT O 112 IRON ROD FOUND (UNLESS NOTED OTHERWISE) teals CONTROLLING MONUMENT 0 BOLLARD values utilizing an Average Combination Factor of 1 00016063 to stele from grid to TELEPHONE UTILITY surface ELECTRIC UTILITY 2. This exhibit was prepared without the benefit of a current title commitment. Additional POWER POLE _ easements, rights-of-way and/or other matters of record may affect this tract that are LIGHT POLE not shown hereon. GAS METER E GUY WIRE d UTILITY SIGN (UNLESS NOTED OTHERWISE) Exhlbl "A", SSMH (SANITARY SEWER MANHOLE) ® WATER METER 0 WATER VALVE EASEMENT BOUNDARY LINE -- PROPERTY LINE h 94 .383. 940.383.4177 ph 940.383.8026 fx EXISTING EASEMENT - EXISTING RIGHT-OF•WAY •. y EDGE OF ASPHALT —OHE— — —OHE— — — OVERHEAD ELECTRIC ELEC. METER y lr+, "r +"f 4 �q�r"- . 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate METAL RAIL ALONG BLDG. i1F7STATION WIF CONC, SLIDING —GATE CHANNEL LINE System (North Central Zone 4202: NAD83(2011) EPOCH 2010) as derived locally DISTANCE from Western Data Systems Continuously Operating Reference Stations (CORS) via _ N 89',32'5,3" W Real Time Kinematic (RTK) methods. The distances shown hereon represent surface L2 values utilizing an Average Combination Factor of 1 00016063 to stele from grid to LOT 1, BLOCK 1 surface CASHWAY ADDITION 2. This exhibit was prepared without the benefit of a current title commitment. Additional CAB. B PG. 364 easements, rights-of-way and/or other matters of record may affect this tract that are 117.03' not shown hereon. P.R.D.C.T. 122.81' L6 3, A Legal Description of even dale herewith accompanies this Easement Exhibit See 309.33' Exhlbl "A", S 02'07'56" E Teague nail & perkins 1317 Centre Pleco Drive, Suite 320 6205 InpDenton, h 94 .383. 940.383.4177 ph 940.383.8026 fx ( www.Inpinacom CURVE TABLE T.B.P.L.S. Finn No. 10011601 CURVE DELTA ANGLE RADIUS ARC LENGTH I CHORD BEARING CHORD LENGTH C1 9'43`55 ` 2544.21' 432.15 N 03'02'40" E 431.63' LINE TABLE LINE BEARING DISTANCE L1 _ N 89',32'5,3" W 15.08` L2 N 47'56'25" E 137.33` L3 S 89'3813" E 29.65' L4 S 47'56'25" W 117.03' L5 S 20'05'23" W 122.81' L6 S 02-07'56- W 309.33' L7 S 02'07'56" E 20-11- AN 4 3 .SS L -1 DAVID M. NICHOLS AND WIFE, MARILYN NICHOLS VOL. 2698, PG. 374 D.R.D.C.T. N 89°3253" W - 449.78' LOT 2 COMMERCIAL SERVICES PARK CAB. B, PG. 93 P.R.D.C.T. ,I EXHIBIT "B" SE -SS LE- EING 0.2614 ACRE SANITARY SEWER AND WATER LINE EASEMENT SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623 CITY OF DENTON, DENTON COUNTY, TEXAS DEN 16023 SHEET 3 OF 3 3 .SS L -1 M l�VtlC* ING �....Me.. ..G..,, 5581 �1ff� 0.2614 A CRSS 0 w,;t POINT OF POINT OF BEGINNING ACOMMENCI G ....__. _... 5/a' IRF (CMI DAVID M. NICHOLS AND WIFE, MARILYN NICHOLS VOL. 2698, PG. 374 D.R.D.C.T. N 89°3253" W - 449.78' LOT 2 COMMERCIAL SERVICES PARK CAB. B, PG. 93 P.R.D.C.T. ,I EXHIBIT "B" SE -SS LE- EING 0.2614 ACRE SANITARY SEWER AND WATER LINE EASEMENT SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623 CITY OF DENTON, DENTON COUNTY, TEXAS DEN 16023 SHEET 3 OF 3 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. ilm THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT PKR Properties, LP, a Texas limited partnership, ("Grantor"), of Denton County, whose mailing address is 6932 Brentfield Drive, Dallas, TX 75248-2255, 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 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 0.1056 acre temporary construction easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the Alexander Hill Survey, Abstract Number 623 to wit: PROPERTY AREA DESCRIBED IN EXHIBIT "A", AND DEPICTED IN EXHIBIT "B" BOTH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, will remove from the Property above described, such fences, signage, buildings and other obstructions 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 Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The City of 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 or any part thereof. Following the use of the Property for construction, reconstruction, installation, repair, relocation, operation or maintenance of the facilities referenced herein, Grantee shall restore theProperty as near as practicable to the condition which existed prior to the applicable construction, reconstruction, installation, repair, relocation, operation or maintenance activity, including without limitation the placement and restoration of any, curbs or paving disturbed as a result of such activities. This temporary easement terminates upon the earlier of the following: (i) completion of initial construction and installation of the water and sewer lines, or (ii) June 30, 2019 whichever occurs first. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness its hand, this the - — -- --------- ------------- day of 2016. M1 Printed Name: Title: ACKNOWLEDGMENT THE STATE OF COUNTY OF This instrument was acknowledged before me2016, by as on behalf and for PKR Properties, LP. Notary Public, in and for the State of My commission expires:__ . ....................................... P CITY OF DENTON DEPARTMENT 901 -A TEXAS STREET DENTON, ATTN: PAUL •' P3E-TCE-1 EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.1056 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas, and being part of a tract of land described in Deed to PKR Properties, LP, as recorded in Document No. 2008-48554 of the Official Records of Denton County, Texas (O.R.D.C.T.), and further described as part of Lot 1 in Block 1 of Cashway Addition as recorded in Cabinet B, Page 364 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 5/8 -inch iron rod found at the southeast corner of said PKR Properties tract, same being the southeast corner of Lot 1, Block 1 in said Cashway Addition, the northeast corner of Lot 2 in Commercial Services Park as recorded in Cabinet B, Page 93 (P.R.D.C.T.), and located in the existing westerly right-of-way line of Locust Street (variable width R.O.W.); THENCE North 89032'53" West, departing the existing westerly right-of-way line of said Locust Street and along the common south line of said Cashway Addition, same being the south line of said PKR Properties tract, and the north line of said Commercial Services Park, a distance of 439.76 feet to the POINT OF BEGINNING; THENCE North 89°32'53" West, continuing along said common line, a distance of 10.02 feet to a point for corner; THENCE North 03°12'25" West, departing said common line, a distance of 20.13 feet to a point for corner; THENCE North 02°07'56" East, a distance of 309.33 feet to a point for corner; THENCE North 20°05'23" East, a distance of 122.81 feet to a point for corner; THENCE North 47°56'25" East, a distance of 21.41 feet to a point for corner; THENCE South 20°05'23" West, a distance of 140.16 feet to a point for corner; THENCE South 02°07'56" West, a distance of X07.28 feet to a point for corner; THENCE South 03012'25" East, a distance of 20.30 feet to the POINT OF BEGINNING, and containing 0.1056 acres of land, more or less. NOTES: 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System (North Central Zone 4202: NAD83 (2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1.000150630 to scale from grid to surface. 2. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B" Marvin King, R.P.L.S. o. 5581 ..0 Teague Nall and Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 .. .. . (940) 383-4177.MA.RV,[.N—Kj.NG T.B.P.L.S. Firm 10011601 ° 5581 Date_ October 20, 2016 DEN16023 — P3E-TCE-1 Page 1 of 2 SIGN (WATER CONC. i ASPHALTPAV/NG ('l1 $9'38'13" W IIP I ®_ —.. 1 29.65' ,n 10 IRON PIPE DRAINAGE SQUARE STRUCTURE J STi4UCT1NfL-°s.. . �'�w., ASPH. PARKING a1,D Iw -_ SIGN' (SPEED LIMM SSMH P3ESSWLE-1 (BY SEPARATE Pt SIGN PELESINa) a . sT.. (189(19'P0ST) 41' 4'f,3 ASPH. PARKING STREETACME (VARIABLE WIDTH RIGHT-OF-WAY) 0 30 60 120 SCALE, 1' = 60' =11 PKR PROPERTIES, LP DOC. NO. 2008-48554 O.R.D.C.T. � ( ����'�"���� �✓ _•• � Lei ELEC. METER\V0 �%y"h �ti ti "�-'.... ul R NOTES: LOT 1, BLOCK 1 CASHWAY ADDITION METAL RAIL CAB. B, PG. 364 ALrWGB DG. P.R.D.C.T. P3E-TCE-1 0.9056 AIRF fIdTSTA770N xTTvr _J ON UDQ Vy WE CONC. SLIDING GA TE [.%1ANN& LINE TABLE LEGEND A 0 Ic"i 0 CALCULATED POINT 112 IRON ROD FOUND (UNLESS NOTED OTHERWISE) CONTROLLING MONUMENT BOLLARD [1) ® TELEPHONE UTILITY ELECTRIC UTILITY 20.13' -POWER POLE N 02`07`56" E LIGHT POLE @1 d GAS METER GUY WIRE UTILITY SIGN (UNLESS NOTED OTHERWISE) 122.81' SSMH (SANITARY SEWER MANHOLE) 0 CO (SANITARY SEWER CLEANOUT) L6 L7 L8 WATERMETER 140.16' 307.28` WATER VALVE _--_-- EASEMENT BOUNDARY LINE PROPERTY LINE EXISTING EASEMENT EXISTING RIGHT-OF-WAY EDGE OF ASPHALT OVERHEAD ELECTRIC •—OHE— — —ONE— — — 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System (North Central Zone 4202: NAD83(2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods The distances shown hereon represent surface values utilizing an Average Combination Factor of 1.00015063D to scale from grid to surface. 2. This exhibit was prepared without the benefit of a current title commitment. Additional easements, rights-of-way and/or other matters of record may affect this tract that are not shown hereon. 3. A Legal Description of even dale herewith accompanies this Easement Exhibit See Exhibit "A", League nail & perkins !4 1517 Centre Place Drive, Suite 320 np Denton, Texas 76205 940.363.4177 ph 940.383.6026 fx .;1.—Inpinc.com T.B.P.LB. Firm No, 10011601 LINE L1 BEARING N 8932'53" W DISTANCE 10-02' L2 N 03'12'25" W 20.13' L3 N 02`07`56" E 309.33` L4 N 20'05`23` E 122.81' L5 N 47"56`25" E 21.41' L6 L7 L8 S 20'05'23" W S 02"07'56" W S 0312'25" E20.30". 140.16' 307.28` POINT OF 15. 08,BEGINNING SIGNN (PRIVATE? PTAT. RAIL 89°3253" W 439.76' L1 " LOT 2 COMMERCIAL SERVICES PARK DAVID M. NICHOLS AND CAB. B, PG. 93 P.R.D.C.T. WIFE, MARILYN NICHOLS VOL. 2698, PG. 374 D.R.D.C.T. AN `. ..0F•, I .G I STEn , 't'® 10 MAI�VI KING 0...•....s ... 0 5581 v; ES tbl SUIR- - {°t POINT OFL9 COMMENCING &V IRF (CM) EXHIBIT -1 BEING 0.1056 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT NO. 623 CITY OF DENTON, DENTON COUNTY, TEXAS DEN 16023 SHEET 2 OF 2 I .. . .. ......... .. ............... Temporary Driveway Location - Cycle Center of Denton ATTACHMENT "4" toEasement PurchaseAgreement '4' c w P Is 14