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
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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
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.G I STEn ,
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10
MAI�VI KING
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0 5581 v;
ES tbl
SUIR- -
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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