2017-210SALega1\0ur Documents\0rdinances\17\0rdinance - Timber Links Settlement.docx
ORDINANCE NO. 2017-210
AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED CITY OF
DENTON, TEXAS V. TIMBER LINKS APARTMENTS, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, CAUSE NO. PR -2017-00009, CURRENTLY PENDING IN THE PROBATE
COURT OF DENTON COUNTY, TEXAS, REGARDING THE ACQUISITION OF A 2.168
ACRE ELECTRIC EASEMENT TRACT FOR THE SPENCER TO POCKRUS
TRANSMISSION LINE PROJECT IN THE SETTLEMENT AMOUNT OF ONE HUNDRED
THIRTY THOUSAND DOLLARS AND NO CENTS ($130,000.00), AUTHORIZING THE
CITY MANAGER AND CITY ATTORNEY TO EFFECTUATE THE SETTLEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION 1. The City Council hereby approves the proposed settlement in litigation
styled City of Denton, Texas v, Timber Links Apartments, LLC, a Delaware Limited Liability
Company, Cause No. PR -2017-00009, currently pending in the Probate Court of Denton County,
Texas in the settlement amount of One Hundred Thirty Thousand and no/100 Dollars
($130,000.")
SECTION 2, The City Manager and City Attorney, or their designees, are hereby
authorized to act on the City's behalf in approving and executing the General Release and
Settlement Agreement attached hereto, with all adjoining documents to effectuate the settlement.
SECTION 3. The City Attorney, or his designee, is hereby authorized to execute any and
all other documents necessary and appropriate to effectuate the terms of the settlement, including
the expenditure budgeted funds, and to take other actions necessary to finalize the settlement.
SECTION 4. The provisions of this ordinance shall govern and control over any
conflicting provisions of previously applicable ordinances. To the extent the previously applicable
ordinances do not conflict or do not apply to the Property, those Ordinances shall continue in full
force and effect.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
S:\Lcpi\Our DocumenlslOrdlmnces%I7%Ordlnum -limber Links Seltlemew doex
("AGREEMENT")
1.
Parties.
The parties (the "Parties"
herein) to this Agreement are THE CITY
OF
DENTON,
TEXAS, a Texas home rule
municipality ("DENTON" herein) and
TIMBER LINKS APARTMENTS, LLC ("TIMBER LINKS" herein).
2. Recitals.
WHEREAS, DENTON filed suit against TIMBER LINKS under Cause No. PR -
2017 -00009, In the Probate Court of Denton County, Texas (the "Lawsuit" herein), as an
action to condemn an -easement to construct an electric transmission line described in
Exhibit A attached hereto (hereinafter, "the Property"). DENTON took the matter to
hearing before three court appointed special commissioners who rendered an award in the
amount of NINETY-THREE THOUSAND SIXTY and NO/100s DOLLARS
($93,060.00). TIMBER LINKS duly and timely filed an objection and exception to the
Award of Special Commissioners and caused all parties to be cited accordingly.
NOW THEREFORE, the Parties, for good and valuable consideration, the
sufficiency and receipt of which is hereby acknowledged, to avoid protracted and the
uncertainty of vexatious litigation and in order to resolve and settle finally, fully and
completely all claims and matters of dispute that now or may exist between them arising
out of or relating to the facts in the Lawsuit, agree as follows:
3. Release of Claims. In consideration of the payments and promises contained in
this Agreement, DENTON releases and discharges TIMBER LINKS from any and all
claims, demands or suits, whether civil or criminal, at law or in equity, known or
unknown, fixed or contingent, liquidated or unliquidated, whether or not asserted, arising
PAGE 1 OF 6 - GENERAL RELEASE AND SETTLEMENT AGREEMENT
or existing on or at any time prior to the effective date of this Agreement arising out of or
relating to the facts in the Lawsuit. This release includes, but is not limited to, all claims
by DENTON against TIMBER LINKS arising out of or relating to the facts in the
Lawsuit.
Likewise, in consideration of the promises contained in this Agreement, TIMBER
LINKS releases and discharges DENTON from any and all claims, demands or suits,
whether civil or criminal, at law or in equity, known or unknown, fixed or contingent,
liquidated or unliquidated, whether or not asserted, arising or existing on or at any time
prior to the effective date of this Agreement arising out of or relating to the facts in the
Lawsuit. This release includes, but is not limited to, all claims by TIMBER LINKS
against DENTON arising out of or relating to the facts in the Lawsuit. Obligations of the
Parties pursuant to the Easement Purchase Agreement and Electric Utility Easement
attached to this Agreement as Exhibit "A" shall survive the closing of this transaction.
The releases set forth above shall extend and inure to the benefit of all attorneys
representing the Parties in this cause.
4. No Admission of Liability. This Agreement shall not in any way be construed
as an admission of any allegation of liability or facts of wrongdoing, breach of contract or
violation of any statute, law or legal right. Rather, the Parties all specifically deny and
disclaim that they have any liability for any of the acts and claims against each other, but
the Parties are willing to make the promises and covenants described herein above at this
time to definitively resolve once and forever this matter and avoid the costs, expense, and
delay of litigation.
PAGE 2 OF 6 - GENERAL RELEASE AND SETTLEMENT AGREEMENT
5. Knowing, Voluntary Agreement. The Parties represent and agree that they
have thoroughly discussed all aspects of this Agreement and the effect of same with their
respective attorneys, that they have had a reasonable time to review the Agreement, that
they fully understand all the provisions and ramifications of the Agreement and are
voluntarily entering into this Agreement.
6. No Assignment of Claims/Indemnity. The Parties mutually represent that they
have not transferred or assigned, to any person or entity, any claims herein released
including any claims arising out of the facts of the Lawsuit or any portion thereof, or
interest therein, and that they are the sole owner of the claims that they herein released.
Should any third party raise claims by, through, or under any party herein, or should any
party assist a third party in raising any claims, the party against whom such claims were
raised shall be indemnified by the other to the fullest extent by law, both as to damages
and defense.
7. Special Terms and Conditions as Consideration of this Agreement.
(A) DENTON (or its, successors and assigns) shall:
(1) Pay to TIMBER LINKS, the sum of ONE HUNDRED THIRTY
THOUSAND and NO/100s DOLLARS ($130,000.00) at the
closing specified in the terms of the Easement Purchase Agreement
attached herein as Exhibit "A";
(2) Complete the construction of its new transmission and distribution
power lines and other facilities described in the attached Exhibit
"A" on the property described in the attached Exhibit "A" no later
than December 31, 2018;
PAGE 3 OF 6 - GENERAL RELEASE AND SETTLEMENT AGREEMENT
(3) Take no longer than 120 days to complete the construction of its
new facilities described in the attached Exhibit "A" from the start
of construction;
(4) Provide 48 hours' notice to TIMBER LINKS, or its designated
representative, before entering the property described in Exhibit
"A" to begin initial construction;
(5) Execute an agreed order of dismissal upon TIMBER LINKS' full
performance under this Agreement;
(B) TIMBER LINKS (or their heirs, successors, assigns, executors or
administrators) further shall:
(1) Execute the form of Easement Purchase Agreement and Electric
Utility Easement attached to this Agreement as Exhibit "A" the
terms of which shall survive closing of this transaction;
(2) Obtain subordination agreement(s) or releases of liens from any of
its lien holders which affect the property described in Exhibit "A".
The receipt of all such required subordination agreements from
lien holders shall be a condition of payment from DENTON;
(3) Execute an Agreed Order of Dismissal with prejudice, the form of
which is attached herein at Exhibit "B", upon performance of all
the terms and conditions of paragraphs 8.A.(1) through 8.B.(2)
herein;
(4) Provide the name and contact information of its representative for
notice purposes of construction issues.
PAGE 4 OF 6 - GENERAL RELEASE AND SETTLEMENT AGREEMENT
8. Binding Effect of Agreement. This Agreement shall be binding upon and
inure to the benefit of the Parties and upon their respective heirs, administrators, personal
representatives, attorneys, executors, successors and assigns.
9. Costs. Part of this agreement requires the dismissal of the pending Lawsuit. The
Parties agree that all costs incurred by them shall be borne by the party incurring the
same.
10. Controlling Law. This Agreement is made and entered into within the State of
Texas and shall in all respects be interpreted, enforced, and governed under the laws of
the State of Texas. This agreement has been executed and is performable in Denton
County, Texas.
11. Severability. Should any provision of this agreement be declared or
determined to be illegal or invalid by any government agency or court of competent
jurisdiction, the validity of the remaining parts, terms or provisions of this Agreement
shall not be affected and such provisions shall remain in full force and effect.
12. Entire Agreement. This Agreement sets forth the entire agreement between
the Parties, and fully supersedes any and all prior agreements, understandings,
negotiations or representations between the Parties pertaining to the subject matter of this
Agreement.
13. Construction. This Agreement is drafted through collaboration of all parties and
their respective counsel.
14. Originals and Duplicate Copies. In order to facilitate execution, it is anticipated
that duplicate originals and copies will be signed, and signatures collected by facsimile
and/or electronic imaging. Digital or non -original signatures shall be considered as
PAGE 5 OF 6 - GENERAL RELEASE AND SETTLEMENT AGREEMENT
effective as original signatures. This agreement is effective upon application of
signatures by parties.
15. Effective Date. This Agreement is effective as of last date of the Parties to
sign in their respective spaces provided below.
CITY OF DENTON, TEXAS
I,...�..:
Y �__. _.._... .......
TODD HILEMAN,
CITY MANAGER
Date: jj,W��� ....._� ,A ..� 2017
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
Date: IV I 11 1 - I _t 2017
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:.__::..:.__�"
Date: , 2017
TIMBER LINKS APARTMENTS, LLC,
a Delaware limited liability company
By: The Bascom Group, LLC
its Governing Person
By:
Jerome.)' in,
Director and Member
PAGE 6 OF 6 - GENERAL RELEASE AND SETTLEMENT AGREEMENT
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: DISCUSS ANY OFFER OR * 1' REGARDING
OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP
THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER552, GOVERNMENTCODE.
THIS EASEMENT PURCHASE AGREEMENT ("Agreement") is dated the day
of , 2017, between Timber Links Apartments, LLC, a Delaware limited liability
company (the "Owner") and the City of Denton, Texas ("City")
WITNESSETH:
WHEREAS, Timber Links Apartments, LLC, a Delaware limited liability company, is the
Owner of a tract of land (the "Land") in the Gideon Walker Survey, Abstract No. A-1330,
Denton County, Texas being affected by the public improvement Project called the Spencer to
Pockrus Transmission Line Project ("Project"); and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
tract of 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
1. At Closing, the Owner shall grant, execute, and deliver to the City an easement in, along,
over, upon, under and across the tract of land being described in Exhibit "A", and depicted in
Exhibit `B", respectively (the "Easement Lands"), to that certain Electric Utility Easement
attached hereto as Attachment 1 and made part hereof, for electric utility purposes, as more
particularly described therein (the "Easement"). The Easement shall be in the form as attached
hereto and incorporated herein as "Attachment 1".
2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of ONE HUNDRED THIRTY THOUSAND and no/100 DOLLARS ($130,000.00) as
compensation for the Easement. The monetary compensation prescribed in this Section 2 is
herein referred to as the "Total Monetary Compensation".
3. Owner stipulates that the Total Monetary Compensation 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 caused by, incident
to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of
any improvements, turf, landscape, vegetation, or any other structure or facility of any kind
located within the Easement Lands related to activities conducted pursuant to the Easement,
interference with Owner's activities on the Easement Lands or other property interests of Owner
caused by or related to the Project and/or activities related to the Easement, whether accruing
now or hereafter, and Owner hereby releases for itself, its successors and assigns, City, it's
officers, employees, elected officials, agents and contractors from and against any and all claims
they may have now or in the future, related to the herein described matters, events and/or
damages.
2
4. 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 60 days after the Effective Date, unless the Owner and the
City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner shall
convey the Easement free and clear of all debts, liens and 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 Easement, if
necessary in the discretion of the City.
5. 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
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.
6. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement.
7. 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.
8. 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
3
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
9. 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.
10. 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; or (ii) enter into any
Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the
Easement Lands after the date of Closing.
11. Any notices prescribed or allowed hereunder to Owner and/or City 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 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:
F M/►
2 C lur �pY/C�� 19,4A bre vc aiN
Phone ............ .",.,,.... .5......":......,
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
4
Copies to:
For Owner:
:. f
Teleco ol k e
Scott Hickey, Attorney at Law
Kelsey, Kelsey & Hickey, PLLC
P.O. Box 918
Denton, Texas 76202
Telecopy: (940) 387-9553
City of Denton
City Attorney's Office
215 E. McKinney St.
Denton, Texas 76201
Telecopy: (940) 349-8325
12, 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.
13. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Easement.
14. Authority to take any actions that are to be, or may be, taken by Buyer under this
Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated
by Buyer, pursuant to action by the City Council of Denton, Texas, to Todd Hileman, City
Manager, or his designee.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity other than the City that might result in the taking of any
portion of the Easement Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
5
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.
CITY OF DENTON, TEXAS
..._....._..
TODD HILEMAN,
CITY MANAGER
Date: u It -. L __, 2017
ATTEST:
:•
Date:
WAL"I'E'IIS, CITY SECRETARY
2017
APPROVED AS TO LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
Date:
2017
Owner:
TIMBER LINKS APARTMENTS, LLC,
a Delaware limited liability company
By: The Bascom Group, LLC
its Governing Person
By:......
.lermne ink,
Director and Member
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Date: 2017 ��..�..�.
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NOTICE O CONFIDENTIALITY RIGHTS: ♦ R ♦.. NATURAL R R
♦ REMOVE
O ! STRIKE ANY
OR ALL OF THE FOLLOWING INFORMATION +;. ,
FILEDANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FOR RECORD 1 PUBLIC RECORDS: YOU! SOCIAL SECURITY
NUMBER ! YOUR DRIVER'S NUMBER.
1 : i111IiifY�1 '� ylT.y 1401 Do ON Y
THE STATE OF TEXAS
§
COUNTY OF DENTON §
Timber- limited liability company
"GRANTOR"),
T "), for and in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, to GRANTOR in hand paid by the CITY OF DENTON, a Texas home rule municipal
corporation, which is located in Denton County, Texas, and whose mailing address is 215 E.
McKinney, Denton, Texas 76201 ("GRANTEE") has granted, sold, and conveyed and by these
presents does grant, sell and convey unto the GRANTEE perpetual, exclusive and unobstructed
easements and rights of way (collectively, the "EASEMENT") for the purposes of erecting, operating,
maintaining and servicing thereon one or more underground and/or above ground electric transmission
and electric distribution power and/or communication lines, not to exceed 138-kv, each consisting of a
variable number of wires and cables, along with all necessary, convenient or desirable appurtenances,
attachments and supporting structures, including without limitation, foundations, guy wires and guy
anchorages, and structural components (collectively referred to herein as the "FACILITIES"), in, on,
over, under and across that certain real property situated in Denton County, Texas, being
approximately 2.168 acres and being more particularly described in Exhibit "A" and illustrated in
Exhibit "B" attached hereto and incorporated into this document by reference (the "EASEMENT
EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve,
reconstruct, reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove or replace
such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to time find
necessary, convenient or desirable, along with all rights necessary or convenient for full use and
enjoyment of the above grant. GRANTEE shall have the right, at GRANTEE'S sole cost and expense,
to trim or remove trees or shrubbery within said EASEMENT PROPERTY, to the extent, in the sole
judgment of GRANTEE, necessary or desirable to prevent possible interference with the efficiency,
safety and/or convenient operation of the FACILITIES or to remove possible efficiency, safety or
operational hazards thereto. GRANTEE may further, at GRANTEE'S sole cost and expense, install
gates in existing fences within such EASEMENT PROPERTY. GRANTOR shall not make changes in
grade, elevation or contour of the EASEMENT PROPERTY or impound water within, over and/or
across the EASEMENT PROPERTY without prior written consent of GRANTEE. In the event the
surface of any of the EASEMENT PROPERTY is disturbed by Grantee's exercise of any of its
easement rights under this agreement, such area shall be restored, as is reasonably practicable, to the
condition in which it existed at the commencement of said activities.
GRANTOR, for itself, its successors and assigns, subject to the terms herein and detailed
below, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the
exercise of NTEE's rights hereunder. GRANTOR shall not construct, and GRANTEE shall have
the right to prevent the construction of buildings, structures, signs, or other obstructions of any kind
("UNPERMITTED STRUCTURES") on the EASEMENT PROPERTY. If any UNPERMITTED
STRUCTURES are hereafter constructed or permitted by GRANTOR to exist within the EASEMENT
PROPERTY without prior written consent of GRANTEE, then GRANTEE shall have the right to
remove the same and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such
removal. GRANTOR may, following written consent by GRANTEE, construct buildings, structures,
0
or other facilities within the EASEMENT PROPERTY, where GRANTEE determines, in its sole
discretion, such construction will not interfere with the safety or operation of the FACILITIES.
GRANTEE acknowledges the EASEMENT granted herein is non-exclusive, subject to the
rights herein granted. However, GRANTOR agrees not to assign further easement rights within the
EASEMENT PROPERTY to any other utility providers without the prior, written consent of
GRANTEE. Upon written consent of GRANTEE, such consent to be exercised at the sole discretion
of GRANTEE, other utility providers may be permitted by GRANTEE under separate grant from
GRANTOR to construct, operate, maintain, repair, replace and remove their respective utilities in, on,
over, under, and across the EASEMENT PROPERTY perpendicularly or as otherwise may be
permitted by GRANTEE in writing. Nothing herein shall be construed to require GRANTEE to allow
such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
the benefit of GRANTOR and GRANTEE, and their respective successors and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto GRANTEE, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise,
WITNESS THE EXECUTION HEREOF on the day of_ ................. .,2017.
GRANTOR:
TIMBER LINKS APARTMENTS, LLC,
a Delaware limited liability company
By: The Bascom Group, LLC
its Governing Person
in
Jerome A. Fink,
,T_6wsAei&wft
K
FOR111,12KWAM
This instrument was acknowledged before me on the day of 2017,
by Jerome A. Fink as Director and Member of The Bascom Group, LLC, the Governing Person of
TIMBER LINKS APARTMENTS, LLC, a Delaware limited liability company, and acknowledged
to me that his signature is the act of the said company and that he executed the same on behalf of the
said company and in the capacity therein stated.
Real Estate and Capital Support
901 -A Texas Street, 2"d Floor
Denton, Texas 76209
Notary Public, State ofl
My commission expirel
9
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 and 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.
TITLE COMPANY:
Reunion Title
Attn: Rebecca Arnold
2745 Wind River Lane
Denton, Texas 76210
Telephone: (940) 382-3030
Telecopy: (940) 382-3377
Printed Name:
Title:
Contract receipt date: �M , 2017
8
EXHIBIT "A„
ELECTRIC EASEMENT
Timber Links Apartments, LLC Tract
BEING a 2.168 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, City of Denton, Denton County,
Texas, and being part of a called 19.132 acre tract of land described as Tract II in a Deed to Timber Links Apartments, LLC, as
recorded in Document No. 2015-9810 of the Official Records of Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a PK nail found for the Southwest corner of the above 19.132 acre tract, and being in the North line of
Edwards Road, per the Final Plat of The Timbers at Denton, as recorded in Cabinet V, Page 412 of the Plat Records of Denton
County, Texas, from which the Southwest comer of Lot 2 per said Final Plat bears South 87°25'28" East a distance of 157,07
feet;
THENCE North 11"39'28" West departing the North line of said Edwards Road, and along the most Southerly West line of said
19.132 acre tract, for a distance of 97.60 feet to a 5/8 inch Iron rod with cap stamped "TNP INC ESMT" set for corner at the
POINT OF BEGINNING for the herein described easement;
THENCE North 11'3928" West continuing along the most Southerly West line of said 19,132 acre tract, for a distance of 319,26
feet to a 518 Inch iron rod with cap stamped "TNP INC ESMT' set for comer, fi°orn which a 1/2 inch iron rod with cap stamped
'Alliance' found for reference bears North 11 °39'28" West a distance of 46.68 feet;
THENCE North 01°55'45" East departing the most Southerly West line of said 19.132 acre tract, for a distance of 198.09 feet to
a 518 inch iron rod with cap stamped "TNP INC ESMT" set for comer at an angle point;
THENCE North 01°41'08" East for a distance of 699.02 feet to a 518 inch iron rod with cap stamped "TNP INC ESMT' set for
comer an angle point;
THENCE North 00°31'19" West for a distance of 6.65 feet to a 518 inch iron rod with cap stamped "TNP INC ESMT" set for
comer in the most Westerly North line of said 19,132 acre tract and the South line of a called 1.440 acre tract of land per City
Ordinance No. 2002-087, as recorded in Document No. 2002-124546 of the Real Property Records of Denton County, Texas;
THENCE South 88°13'23" East along the most Westerly North line of said 19.132 acre tract and the South line of said 1.440
acre tract, passing a 1/2 inch iron rod found for the Southeast comer of said 1,440 acre tract and the Southwest corner of a
called 1.822 acre tract of land described in a Lis Pendens Notice, No. ED -96-00723-C, as recorded in Document No. 96-081818
of the Real Property Records of Denton County, Texas at a distance of 18,71 feet, and continuing along said line for a total
distance of 75.06 feet to a 5/8 Inch Iron rod with cap stamped "TNP INC ESMT" set for comer, from which a 1/2 inch iron rod
w11h cap starriped 'COLEMAN RPLS 4001" fCau.rrx9 for the Southeast corner of said 1.822 acre tract and an interior ell comer of
said 19.132 acre tract bears South 88"13'23 East a distara'ce of 125.19 feet;
THENCE South 00'31'19" East for a distance of 5.08 feet to a 518 inch iron rod with cap stamped 'TNP INC ESMT" set for
comer an angle point;
THENCE South 01 °41'08" West departing the South line of said 1.822 acre tract and the most Westerly North line of said 19.132
acre tract, for a distance of 900.63 feet to a 5/8 inch iron rod with cap stamped 'TNP INC ESMT' set for comer al an angle point;
THENCE South 01'5645" West for a distance of 508.58 feet to the POINT OF BEGINNING, and containing 2.168 acres of land,
more or less.
Reerfnlfs are referenced to grid north of the Texas Coordinate Systrain of 1983 (fMluadh Central Zone; NAD83 (2011),
Epoch ?010) as r„dorived RW ally trona Western Data Systems Continuously Operating Referonce Stations (CORS) arra hd'aa) Tirrie
Klnerna'tic (f?TK) surevey methods. Distances ropreserrl sorlace values utilizing an avorarge combination scale tactor o'
1.00)A,
ti3'tf to scale from 'c illy' tea surface,
itirnet, Fk P Cz.mN 859
OF
Teague Nall & Perkins a r
1517 Centre Place Drive, Suite 320
Denton, Texas 76205 D° a 1.
.,ry�r"�rwrwn+w"."«...... �,,��.
940-383-4177+ 4859
TBPLS Firm No, 10011601 a"or,
Date: March 3, 2016
Date of Revision: June 28, 2016 SUR
Date of 2nd Revision: August 26, 2016 (Address Trite Commitment Schedule B items)
DME13222 — Timber Links Apartments, LLC Easement Page i of 6
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CITY OF DENTON, TEXAS, § EMINENT DOMAIN
Condemnor § PROCEEDINGS
VS. §
§ IN THE PROBATE COURT OF
TMIBER LINKS APART NTS, LLC, §
A DELAWARE LIMITED LIABILITY §
CONTANY, §
Condemnee(s) § DENTON COUNTY, TEXAS
MEER=
ORDER OF DismissAL WITH PREJUDICE announcing this matter has been settled. Having
considered the ORDER, the Court ORDERS, ADJUDGES, and DECREES that all claims
asserted or that could have been asserted by and between the each of the parties against
the others regarding the subject matter of this lawsuit are dismissed with prejudice. All
costs incurred herein are taxed against the party or parties incurring same. This ORDER is
final and appealable.
IIVMIKTNI"� 1'
Dated this day
2017.
(City of Denton.DME Project/Spencer to Pockrus/CONDEMNATION/Agreed Order of Dismissal with Prejudice. Timber
Links)[cs;061317]
Agreed:
Scott W. Hickey
Kelsey, Kelsey & Hickey, P.L.L.C.
P.O. Box 918
Denton, Texas 76202-0918
Telephone: (940) 387-9551
Metro: (940) 243-2888
Facsimile: (940) 387-9553
State Bar No. 00789371
"h
ATTORNEYS FOR CONDEMNOR,
THE CITY OF DENTON, TEXAS
Eddie Vassallo
Vassallo & Salazar. P.C.
3710 Rawlins St., Ste. 1200
Dallas, Texas 75219
Telephone: (214) 559-7200
State Bar No. 20503000
evasstilk)'' N"�11'11 1y
ATTORNEYS FOR CONDEMNEE,
TIMBER LINKS APARTMENTS, LLC
PAGE 2 OF 2 ® AGREED ORDER OF I)ISMISSAL WITH PREJUDICE
(City ofDenton.DME Project/Spencer to Pockrus/CONDEMNA'rION/Agreed Order of Dismissal with Prejudice. Timber
Links)[cs;0613171