2018-012S:\Legal\Our Documents\Ordinances\17\Marsarn Ordinance -Eagle Drive Drainage add Margin Tract 120817 -TL rev FINAL. doc
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL
CORPORATION ("CITY") APPROVING A REAL ESTATE EXCHANGE AND
ABANDONMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF DENTON
AND MARSAM ENTERPRISES, INC., A TEXAS CORPORATION ("MARSAM"), FOR
THE CONVEYANCE TO MARSAM OF (I) A 0.098 ACRE FEE TRACT, WITH A
DRAINAGE AND UTILITY EASEMENT RESERVED BY THE CITY THEREIN, AND (II) A
0.016 ACRE TRACT, WITH A DRAINAGE AND UTILITY EASEMENT RESERVED BY
THE CITY THEREIN; THE ABANDONMENT AND RELEASE BY THE CITY OF (1) A
0.063 ACRE DRAINAGE EASEMENT, AND (11) A 285 SQUARE FEET DRAINAGE
EASEMENT, AND THE PAYMENT BY THE CITY TO MARSAM OF $5,000.00, ALL IN
EXCHANGE FOR THE CONVEYANCE TO THE CITY OF (I) A 0.031 ACRE FEE TRACT,
AND (II) A 0.047 ACRE DRAINAGE EASEMENT, ALL CITED TRACTS SITUATED IN
THE W. LOVING SURVEY, ABSTRACT NO. 759, CITY OF DENTON, DENTON
COUNTY, TEXAS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF
MYRTLE STREET AND EAGLE DRIVE; AUTHORIZING THE CITY MANAGER IN
ACCORDANCE WITH LOCAL GOVERNMENT CODE 272.001(B)(3) TO EXECUTE THE
AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AND EFFECTIVE DATE. (EAGLE DRIVE DRAINAGE PROJECT — PHASE II
— MARSAM TRACT (BRISCOE TIRE))
WHEREAS, the City of Denton is presently undertaking the Eagle Drive Drainage -
Phase II public works improvement project, consisting of the upsizing and relocation of a
segment of a drainage tributary to provide for underground storm water drainage improvements
in the southern limits of Downtown Denton, Eagle Drive and Myrtle Street area (the "Project");
and
WHEREAS, the City requires necessary land rights out of the Marsam property tract in
order to construct, operate, and maintain underground storm water drainage improvements upon,
over, and across an alternative drainage system alignment, further encumbering the Marsam
property tract (the "Alternative Alignment"); and
WHEREAS, the City has existing drainage easement rights encumbering the Marsam
property tract as (i) a 0.063 acre tract, being a portion of a drainage easement dedicated and
depicted upon Lot IA, Block 2, per the replat of the Sanger Bros. Addition, an addition to the
City of Denton, recorded in Cabinet E, Page 166 of the Plat Records of Denton County, Texas,
and (ii) a 285 square foot tract evidenced by the conveyance of a drainage easement from J. H.
Briscoe to the City of Denton, recorded in Volume 821, Page 326 of the Deed Records of Denton
County, Texas (the "Abandonment Tracts"); and
WHEREAS, by the nature of the design of the planned underground storm water drainage
system improvements required by the Project across the Marsam property tract for the
Alternative Alignment, the drainage easements encumbering the Abandonment Tracts will no
longer be necessary, post -Project construction, as the storm water drainage flows will be
redirected to the planned improvements; and
WHEREAS, the City and Marsam agree that the interests of the parties are served by
mutual agreement to the terms set forth in the "Agreement," attached hereto as Exhibit "A" and
made a part hereof for all purposes; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is authorized to (i) execute on behalf
of the City the Agreement, between the City and Marsam, in the form attached hereto and made
a part of this ordinance as Exhibit "A," and any other documents related to closing the
transactions contemplated by the Agreement, including without limitation, the Release of the
Abandonment Tracts; and, (ii) make expenditures in accordance with the terms of the
Agreement.
SECTION 2. The matters set forth in the preamble of this ordinance are incorporated
into the body of this ordinance as findings by the City Council.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SI (
1 It I)" Wil. Notwithstanding anything to the contrary contained in this ordinance, the
City of Denton retains and reserves any and all easements, rights of way, and any other rights or
interests, other than easements which will be released, abandoned, vacated in the ordinance
above, whether acquired, obtained, owned, or claimed by the City of Denton or public, by,
through or under conveyance, dedication by plat or other express dedication, implied dedication,
prescription, or by any other manner or means, in or to lands in which the Drainage Easements
cited for abandonment and release in the caption above may cover, encumber, include, cross, or
overlap.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the m day of, t:,. 2018,
CHRI` m`VA°l TS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
VED AS -TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:m
REAL ESTATE EXCHANGE AND ABANDONMENT AGREEMENT
This Exchange and Abandonment Agreement (the "AGREEMENT") is dated
... 2018 between Marsam Enterprises, Inc., a Texas corporation
("OWNER"), and the City of Denton, Texas ("CITY"), a Texas Home -Rule Municipality,
WITNESSETH:
WHEREAS, Marsam Enterprises, Inc., is the owner of a tract of real property described in
a Warranty Deed to Marsam Enterprises, Inc., recorded under Document #2013-72384, on June
13, 2013 in the Real Property Records of Denton County, Texas ("PROPERTY"), being affected
by the public improvement project called the EAGLE DRIVE DRAINAGE PHASE II
("PROJECT");
WHEREAS, CITY is in need of. (i) a certain 0.047 acre drainage easement for storm water
conveyance purposes ("DE -1"), in, along, over, upon, under, and across a portion of the
PROPERTY related to the PROJECT and (ii) a certain 0.031 acre fee tract for street purposes
("ROW") (hereinafter DE -1 and ROW are collectively referred to as the "Conveyance Tracts");.
WHEREAS, Marsam Enterprises, Inc. desires ownership of (I) a certain 0.098 acre tract of
land being part of a 0.107 acre tract conveyed to the CITY by special warranty deed recorded under
Document Number: 2016-62253, May 31, 2016, in the Real Property Records of Denton County,
Texas, and (II) a certain 0.016 acre tract described in an affidavit recorded under Document
Number: 2017-141687, November 16, 2017, in the Real Property Records of Denton County,
Texas, both tracts hereinafter collectively referred to as the "807 Myrtle Property" and the City is
amenable to granting the 807 Myrtle Property tracts, but with a reservation of drainage and utility
easement therein, as partial consideration for the rights to the Conveyance Tracts as described
above;
WHEREAS, the CITY is amenable, upon the terms, provisions and conditions set forth
herein, to partially abandon the following existing easement as a component of the consideration
to OWNER for the Conveyance Tracts, to -wit:
a. A partial abandonment of that certain drainage easement, dedicated by plat
on or about June 18, 1985, from Jack Briscoe, to the City of Denton, Texas,
recorded on June 28, 1985 in Cabinet E, Page 166, Plat Records, Denton
County, Texas, (the "Briscoe Easement"); specifically that portion of said
Briscoe Easement tract described and depicted in Exhibit "A" and Exhibit
"B" respectively and being attached hereto as Attachment "1" and made a
part hereof ("Partial Abandonment Tract').
WHEREAS, the CITY is amenable, upon the terms, provisions and conditions set forth
herein, to completely abandon the following easement as a component of the consideration to
OWNER for the Conveyance Tracts, to -wit:
a. That certain drainage easement, from J. H. Briscoe to the City of Denton,
Texas, recorded on February 3, 1977 in Volume 821, Page 326, Deed
Records, Denton County, Texas, (the "Abandonment Tract"); and
WHEREAS, both parties desire to stipulate and agree to the terms, conditions,
conveyances, and abandonments associated with the installation of storm water improvements for
the PROJECT, including (i) the conveyance by the OWNER of a drainage easement to the CITY;
(ii) the conveyance by the OWNER of a fee simple tract to the CITY; (iii) the conveyance by the
CITY of the 807 Myrtle Property tracts, reserving a drainage and utility easement therein, (iv) the
partial abandonment by the CITY of the Partial Abandonment Tract; and (v) the abandonment by
the CITY of the Abandonment Tract;
NOW, THEREFORE, the parties agree as follows:
1. At Closing, the OWNER shall grant, execute, and deliver to the CITY (i) an easement in,
along, under, and across those tracts of land being described and depicted in attachments Exhibit
"A" and Exhibit `B" respectively, attached to that certain Drainage Easement, being attached
hereto as Attachment "2" and made part hereof; and (ii) a Special Warranty Deed to the tract of
land being described and depicted in Exhibit "A" and Exhibit `B" respectively attached to that
certain Special Warranty Deed, being attached hereto as Attachment "3" and made part hereof.
2. At Closing the CITY shall grant, execute, and deliver to the OWNER (i) a Special
Warranty Deed to the tract of land being described and depicted in Exhibit "A" and Exhibit `B"
respectively attached to that certain Special Warranty Deed, reserving a drainage and utility
easement therein, being attached hereto as Attachment "4" and made a part hereof, and (ii) a Deed
Without Warranty to the tract of land being described and depicted in Exhibit "A" and Exhibit `B"
respectively attached to that certain Deed Without Warranty, reserving a drainage and utility
easement therein, being attached hereto as Attachment "5" and made a part hereof.
3. As partial consideration for the conveyance by the OWNER of the Conveyance Tracts the
CITY shall (i) execute and deliver to the OWNER, within the time period prescribed below, the
Release (the "Release") of the Partial Abandonment Tract and the Abandonment Tract. The CITY,
by and through the City Manager, or his designee, shall execute and deliver to OWNER the
Release, upon the completion, and acceptance by the CITY, of the installation of the storm sewer
improvements contemplated by the Project. OWNER stipulates and agrees that CITY is in need
of the Partial Abandonment Tract and the Abandonment Tract until CITY completes the
installation of the storm water system improvements contemplated by the Project. The Existing
open Drainage structure (on the West side of the building) in the Partial Abandonment Tract shall
be filled with material that shall be compacted and suitable for construction. In addition the open
Drainage structure (on the North side of the building) shall be filled in the same manner after the
enclosed storm drain structures are installed in the City's Drainage Easement.
4. As partial consideration for the exchange of tracts and abandonments contemplated herein,
the CITY shall pay OWNER the sum of Five Thousand and No/100 Dollars ($5,000.00). OWNER
has two (2) truck trailers for storage purposes (both 36' long enclosed box trailers) that presently
exist across the Partial Abandonment Easement tract (the "Trailers"). As part of the terms of this
AGREEMENT, OWNER shall remove from the Partial Abandonment Easement tract the Trailers
on or before sixty (60) days after the Closing (the "Trailer Removal Period"). To secure the
obligations of OWNER related to the timely removal of the Trailers (the "Removal of Trailers
Work") from the Partial Abandonment Easement tract, the CITY shall retain the Five Thousand
and No/100 Dollars ($5,000.00) partial consideration payment, (the "Retained Amount"), at
Closing. Upon -(i) the timely completion of the Removal of Trailers Work; and (ii) written notice
to CITY that the contemplated the Removal of Trailers work has been completed, the Retained
Amount shall be promptly disbursed to the OWNER. In the event that the OWNER defaults in its
obligations to remove the Trailers from the Partial Abandonment Easement tract within the Trailer
Removal Period, CITY shall be entitled to retain the Retained Amount and thereafter the two (2)
Trailers within the Partial Abandonment Easement Lands shall be deemed abandoned by OWNER
and the CITY and or CITY's contractor shall remove all trailers found within the Partial
Abandonment Easement tract without liability of any kind to CITY and without any further
payment of consideration to OWNER or any other party ("Trailers Abandonment"). If the Trailers
Abandonment event occurs, then OWNER hereby grants the CITY and or CITY's contractor a
Right -of -Entry upon OWNER's property tract to remove those Trailers situated partially inside
and partially outside of the Partial Abandonment Easement tract, without liability of any kind to
CITY and without any further payment of consideration to OWNER or any other party for the
removal and disposal of the Trailers in their entirety.
5. 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 Conveyance Tracts
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 10, 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. The Retained Amount as referenced in Paragraph 4 above shall be paid by
CITY outside of Closing, if applicable.
6. 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.
7. The date on which this Agreement is executed by CITY shall be the "Effective Date" of this
Agreement.
8. In the event a party shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice delivered to:
OWNER:
Marsam Enterprises, Incorporated
Attention: Dwayne Waters
822 S. Elm St.
Denton, TX 76205-7678
Phone 940-382-1331
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate Division
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
CITY:
City of Denton
Trey Lansford, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
9. Each party represents and warrants that it has taken all actions necessary to authorize the person
executing this Agreement to bind it, in all respects, to all terms and provisions of this Agreement,
that such person possesses the authority to execute this Agreement and bind its party hereto, and
that this Agreement is binding and enforceable upon it in accordance with the terms hereof.
10. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings, or written or oral agreements, between the parties with respect to the subject
matter of this Agreement.
CITY OF DENTON, TEXAS
By:
TODD HILEMAN, CITY MANAGER
Date: � .WLa.r , 2018
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
IMA
2018
VED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
A
BY:
Date: , 2018
OWNER:
Marsam Enterprises, Inc., a Texas corporation
By
�3�
DWAYNE WATERS, PRESIDENT
Date: , 2017
ATTACHMENT "I" to Agreement
EXHIBIT "A"
PARTIAL DRAINAGE EASEMENT ABANDONMENT
(Lot 1A, Block 2 — Sanger Brothers Addition)
BEING a 0.063 acre tract of land situated in the William Loving Survey, Abstract No. 759, City of Denton,
Denton County, Texas, and being a part of Lot 1A, Block 2, per the Replat of the Sanger Brothers Addition, as
recorded in Cabinet E, Page 166 of the Plat Records of Denton County, Texas, and being more particularly
described as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "TNP" found for the Southwest corner of a called 0.107
acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2016-62253
of the Official Records of Denton County, Texas, and being in the East line of Myrtle Street, a variable width
right-of-way, from which a 5/8 inch iron rod with cap stamped "TNP" found for the Northwest corner of said
0.107 acre tract bears North 00°00'00" East a distance of 50.00 feet;
THENCE South 88°57'22" East departing the East line of said Myrtle Street, and along the South line of said
0.107 acre tract, for a distance of 68.56 feet to a 5/8 inch iron rod with cap stamped "TNP" found for the most
Southerly Southeast corner of said 0.107 acre tract, said point being in the West line of the above cited Lot 1A
and the West line of an existing Drainage Easement as shown on said Replat of the Sanger Brothers Addition,
said point also being the POINT OF BEGINNING for the herein described tract, from which the Northwest
corner of said Lot 1A, bears North 00053'33" West a distance of 29.61 feet;
THENCE South 88°57'22" East departing the most Southerly Southeast corner of said 0.107 acre tract and the
West line of said Lot 1A, for a distance of 28.26 feet to a point for comer in the East line of said Drainage
Easement;
THENCE in a Southwesterly direction, along the East line of said Drainage Easement, and along a non -tangent
curve to the left having a central angle of 27023'02", a radius of 24.01 feet, a chord bearing of South 15006'25"
West, a chord distance of 11.37 feet and an arc length of 11.48 feet to a point for corner;
THENCE South 01°25'08" West continuing along the East line of said Drainage Easement, for a distance of
80.20 feet to a point for corner;
THENCE North 88034'52" West continuing along the East line of said Drainage Easement, for a distance of
2.68 feet to a point for corner;
THENCE South 01 °25'08" West continuing along the East line of said Drainage Easement, for a distance of
29.99 feet to a point for corner in the North line of Eagle Drive, a variable width right-of-way, and the South line
of said Lot 1A;
THENCE North 89"25'16" West along the North line of said Eagle Drive and the South line of said Lot 1A, for a
distance of 18.00 feet to a point for the Southwest corner of said Lot 1A;
THENCE North 00°53'33" West departing the North line of said Eagle Drive, and along the West line of said Lot
1A and said Drainage Easement, for a distance of 121.41 feet to the POINT OF BEGINNING, and containing
0.063 acres of land, more or less.
NOTES:
1. Bearings are referenced to Grid North of the Texas Coordinate System of 1983, North Central Zone No.
4202.
2. An Easement Exhl' 11 of even date herewith accompanies this Legal Description.
T 13. ur;er, R.P.L.S. No. 4859
Teague Nall & Perkins'T nr
1517 Centre Place Drive, Suite 320
Denton, Texas 76205 ;wo"0,'�
940-383-4177 ." *�"w"."."".�.. """"
Date: March 15, 2017 4If59
See Page 2.
DEN16242 — Partial Drainage Easement Abandonment Page 1 of 2
ATTACHMENT"W" to Agreement
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.
DRAINAGE EASEMENT
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT Marsam Enterprises, Inc., a Texas corporation ("Grantor"), of Denton County, 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 0.047 acre
drainage easement, in, along, upon, under, and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the William
Loving Survey, Abstract Number 759 to wit:
PROPERTY AREAS DESCRIBED AND DEPICTED IN EXHIBITS A & B,
ALL ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining storm drains and all related facilities and appurtenances, respectively, in, along, upon,
under, 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, 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 placed
in, along, upon, under, or across the Property. Further, Grantor stipulates and acknowledges that
the Grantee, in consideration of the benefits above set out, may remove from the Property, such
buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or
hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs,
facilities, improvements or obstructions in any manner it deems appropriate without liability to
Grantee.
2. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that
may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions
of shrubs or trees now or hereafter located within or that may overhang upon the Property without
liability to Grantee, including without limitation, the obligation to make further payment to
Grantor.
4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained
herein, to make use of the Property for any purpose that does not interfere with the City's rights
granted to it herein for the purposes granted. Notwithstanding anything to the contrary herein, (a)
the Easement Property may be improved with paving and parking areas; and (b) Grantee may erect
fences on the Easement Property, provided such fences so erected shall be of a type that could
easily be removed should maintenance of the Drainage Facilities be required (stone, brick, or
concrete fences are examples of types that are not permitted). Furthermore, any fencing erected
shall not materially interfere with the overland conveyance of storm water run-off.
5. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and
their heirs, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness its hand, this the day of.............................................................�_ ................. ..,,....___
2018.
Marsam Enterprises, Inc.,
a Texas corporation
Dwayne Waters, President
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on , 2018, by
Dwayne Waters for Marsam Enterprises, Inc., as its President.
Notary Public, in and for the State of
My commission expires:
After Recording, Return to:
City of Denton
Capital Improvement Projects
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
EXHIBIT "A"
DRAINAGE EASEMENT
(Marsam Enterprises Tract)
BEING a 0.047 acre tract of land situated in the William Loving Survey, Abstract No. 759, City of
Denton, Denton County, Texas, and being part of a called 0.622 acre tract of land described in a Deed
to Marsam Enterprises, Inc., as recorded in Document No. 2013-72384 of the Official Records of
Denton County, Texas (O.R.D.C.T.), and being more particularly described as follows:
COMMENCING at a point for corner at the intersection of the existing East right of way line of Myrtle
Street (variable width R.O.W.), with the existing North right of way line of Eagle Drive (variable width
R.O.W.), same being the Southwest corner of said 0.622 acre tract, from which point a 1/2 inch iron
found for reference bears North 59000'43" East a distance of 2.59 feet, and a PK nail found for the
Southeast corner of a called 0.231 acre tract of land described in a Deed to 518 Acme, Ltd., as
recorded in Document No. 2008-52615 of the (O.R.D.C.T.), bears North 73047'45" West a distance of
31.24 feet;
THENCE South 89°25'16" East, along the common South line of said 0.622 acre tract and the existing
North right of way line of said Eagle Drive, a distance of 27.72 feet to an "X" Cut set for corner,
THENCE North 00000'38" West, departing the last stated common line, a distance of 17.20 feet to an
"X" Cut set for the POINT OF BEGINNING;
THENCE South 89°50'51" West, a distance of 5.29 feet to an "X" Cut set for corner;
THENCE North 45°04'35" West, a distance of 21.18 feet to an "X" Cut set for corner;
THENCE North 00°00'00" East, a distance of 89.93 feet to a 5/8 inch iron rod with cap stamped "TNP"
set at the intersection with the common North line of said 0.622 acre tract and the South line of a
called 0.107 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in
Document No. 2016-62253 (O.R.D.C.T.);
THENCE South 88057'22" East, along the last stated common line, a distance of 31.01 feet to a 5/8
iron rod with cap stamped "TNP INC ESMT" set for the beginning of a non -tangent curve to the left
having a central angle of 1529'42", a central radius of 54.00 feet, a chord bearing and distance of
South 47°30'57" West, 14.56 feet;
THENCE in a southwesterly direction, departing said common line, and along said curve to the left, an
arc distance of 14.60 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for the end of
said curve;
THENCE South 00000'38" East, a distance of 94.48 feet to the POINT OF BEGINNING, and
containing 0.047 acres of land, more or less.
NOTES:
1. Bearings are referenced to Grid North of the Texas Coordinate System of 1983, North Central Zone No.
4202.
2. An Easement Exhibit of even date herewith accompanies this Legal Description. See Page 2.
Marvin King, R.*P—SNo.7/5-581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-3834177
Date: September 29, 2017
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ATTACHMENT '"W" to Agreement
SPECIAL WARRANTY DEED
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 Marsam Enterprises, Inc., a Texas corporation, (hereinafter referred to
as "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and other good and valuable consideration to it in hand paid by City of Denton, Texas, a
home rule municipality (hereinafter referred to as "Grantee"), the receipt and
sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD
AND CONVEYED, and by these presents does hereby GRANT, SELL, AND
CONVEY unto the said Grantee, the real property containing approximately 0.031 acres
of land more particularly described in Exhibit "A" and depicted in Exhibit `B" attached
hereto and made a part hereof, together with all improvements, rights, appurtenances, and
hereditaments located thereon or pertaining thereto, including all rights, title and interest
of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are
collectively referred to as the "Property").
Grantor hereby retains and reserves, for Grantor and its successors and assigns
forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may
be produced from the Property. However, such reservation does not include any right to
ingress or egress to the property by Grantor, its successors and/or assigns, or the right to
use any portion of the surface of the property to develop or produce the reserved estate.
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, its
successors and assigns forever; and Grantor does hereby bind itself, its successors and
assignees to WARRANT AND FOREVER DEFEND all and singular the said premises
unto the said Grantee, it's successors and assigns, against every person whomsoever
claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not
otherwise, subject to the Reserved Minerals.
Executed the day of , 2018.
Marsam Enterprises, Inc.
By
Dwayne Waters, President
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument is acknowledged before me, on this day of
2018 by Dwayne Waters, of Marsam Enterprises, Inc. its
President.
Notary Public in and for
State of Texas
After Recording, Return to:
Capital Improvement Projects
901-A Texas Street
Denton, Texas 76209
Attention: Paul Williamson
Send Tax Billing Statements To:
The City of Denton
Attn: Finance Department
215 East McKinney Street
Denton, Texas 76201
EXHIBIT "A"
RIGHT OF WAY
(Marsam Enterprises Tract)
BEING a 0.031 acre tract of land situated in the William Loving Survey, Abstract No. 759, City of
Denton, Denton County, Texas, and being part of a called 0.622 acre tract of land described in a Deed
to Marsam Enterprises, Inc., as recorded in Document No. 2013-72384 of the Official Records of
Denton County, Texas (O.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a point for corner at the intersection of the existing East right of way line of Myrtle
Street (variable width R.O.W.), with the existing North right of way line of Eagle Drive (variable width
R.O.W.), same being the Southwest corner of said 0.622 acre tract, from which point a 1/2 inch iron
found for reference bears North 59000'43" East a distance of 2.59 feet, and a PK nail found for the
Southeast corner of a called 0.231 acre tract of land described in a Deed to 518 Acme, Ltd., as
recorded in Document No. 2008-52615 (O.R.D.C.T.), bears North 73°47'45" West a distance of 31.24
feet;
THENCE North 00°00'00" West, departing the existing North right of way line of said Eagle Drive, and
along the existing East right of way line of said Myrtle Street, a distance of 121.93 feet to a 5/8 inch
iron rod with cap stamped "TNP" found at the most Westerly Northwest corner of said 0.622 acre tract,
common with the Southwest corner of a called 0.107 acre tract of land described in a Deed to the City
of Denton, Texas, as recorded in Document No. 2016-62253 (O.R.D.C.T.);
THENCE South 88°57'22" East, departing the existing East right of way line of said Myrtle Street and
along the common South line of said 0.107 acre tract and the most Westerly North line of said 0.622
acre tract, a distance of 7.43 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner;
THENCE South 0000'00" West, departing the last stated common line, a distance of 89.93 feet to an
"X" Cut set for corner;
THENCE South 45°04'35" East, a distance of 21.18 feet to an "X" Cut set for corner;
THENCE North 89°50'51" East, a distance of 5.29 feet to an "X" Cut set for corner;
THENCE South 00000'38" East, a distance of 17.20 feet to an "X" Cut set at the intersection with the
common South line of said 0.622 acre tract and the existing North right of way line of said Eagle Drive;
THENCE North 89025'16" West, along the last stated common line, a distance of 27.72 feet to the
POINT OF BEGINNING, and containing 0.031 acres of land, more or less.
NOTES:
1. Bearings are referenced to Grid North of the Texas Coordinate System of 1983, North Central Zone No.
4202.
2. An Easement Exhibit of even date herewith accompanies this Legal Description. See Page 2.
10 //0/17
Marvin King, R.P.'LS. No. 5581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: October 10, 2017
DEN16242 — R.O.W. Page 1 of 2
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ATTACHMENT "A" to Agreement
THE CITY DEED
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.
SPECIAL WARRANTY DEED
THE STATE OF TEXAS, §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT City of Denton, Texas, a home rule municipality, (hereinafter referred
to as "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration to it in hand paid by Marsam
Enterprises, Inc., a Texas corporation, (hereinafter referred to as "Grantee"), whose
address is 822 S. Elm St., Denton, TX 76201, the receipt and sufficiency of which is
hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and
by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee,
the real property containing approximately 0.098 acres of land more particularly
described in Exhibit "A" and depicted in Exhibit `B" attached hereto and made a part
hereof (the "Property"), reserving unto Grantor a perpetual drainage easement (the
"Easement") in, along, upon, under, over and across the Property, situated in Denton
County, Texas, located in the William Loving Survey, Abstract No. 759, as more fully
depicted on Exhibit `B" (the "Easement Property").
The Easement is reserved for the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, and related drainage facilities and appurtenances, in, along, upon,
under, over and across said Easement Property, including without limitation, the free
and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along,
upon, under, over and across the Easement 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 reserved Easement is subject to the following:
Page 1
I . Structures. No buildings, fences, structures, signs, facilities,
improvements or obstructions of any kind, or portions thereof, shall be constructed,
erected, reconstructed or placed in, along, upon, under, over or across the Easement
Property. Further, Grantor stipulates and acknowledges that the Grantee, in
consideration of the benefits above set out, may remove from the Easement Property,
such buildings, fences, structures, signs, facilities, improvements and other obstructions
as may now or hereafter be found upon said Easement Property and dispose of any such
buildings, fences, structures, signs, facilities, improvements or obstructions in any
manner it deems appropriate without liability to Grantee.
2. Access. For the purpose of exercising and enjoying the rights granted
herein, the Grantee shall have access to the Easement Property by way of existing public
property or right-of-way.
3. Trees and Landscaping. No shrub or tree shall be planted upon the
Easement 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 Easement 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 Easement Property for any purpose that does not
interfere with the City's rights granted to it herein for the purposes granted.
Notwithstanding anything to the contrary herein, (a) the Easement Property may be
improved with paving and parking areas; and (b) Grantee may erect fences on the
Easement Property, provided such fences so erected shall of a type that could easily be
removed should maintenance of the Drainage Facilities be required, (stone, brick, or
concrete fences are examples of types that are not permitted). Furthermore, any fence
erected shall not materially interfere with overland conveyance of storm water run-off.
5. Successors and Assigns. This grant and the provisions contained herein
shall constitute covenants running with the land and shall be binding upon the Grantor
and Grantee, and their heirs, successors and assigns. Notwithstanding anything to the
contrary herein, (a) the Easement Property may be improved with paving and parking
areas; and (b) Grantee may erect fences on the Easement Property, provided such fences
so erected shall be of a type that could easily be removed should maintenance of the
Drainage Facilities be required (stone, brick, or concrete fences are examples of types
that are not permitted). Furthermore, any fencing erected shall not materially interfere
with the overland conveyance of storm water run-off.
Grantor conveys all improvements, rights, appurtenances, and hereditaments located
thereon or pertaining thereto, including all rights, title and interest, of Grantor in and to
Page 2
the Property (all of which foregoing are collectively referred to as the "Property") SAVE
AND EXCEPT the above-mentioned reserved Easement.
Grantor hereby retains and reserves, for Grantor and its successors and assigns
forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may
be produced from the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the
rights and appurtenances thereto in anywise belonging unto the said Grantee, its
successors and assigns forever, save and except the reserved Easement; and Grantor does
hereby bind itself, its successors and assignees to WARRANT AND FOREVER
DEFEND all and singular the said premises unto the said Grantee, it's successors and
assigns, against every person whomsoever claiming or to claim the same or any part
thereof, by, through, or under, Grantor, but not otherwise, subject to the reserved
minerals and Easement.
Executed the day of,. r"L & ,, 2018.
City of Denton
By
Todd Hileman, City Manager
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument is acknowledged before me, on this day of
2018 by Todd Hileman, City Manager, City of Denton.
Notary Public in and for
State of Texas
ATTEST:
Jennifer Walters, City Secretary After Recording, Return to:
Marsam Enterprises, Inc.
By: 822 South Elm St.
Denton, Texas 76205-7678
Attention: Dwayne Waters
Page 3
APPPROVED AS TO LEGAL FORM:
Aaron Leal, City Attorney
m
Page 4
LEGAL DESCRIPTION
(City of Denton, Texas, 807 Myrtle Street)
BEING a 0.098 acre tract of land situated in the William Loving Survey, Abstract No. 759, City of Denton,
Denton County, Texas, and being part of a called 0.107 acre tract of land, as described in Deed to the
City of Denton, Texas, recorded in Document No, 2016-62253 of the Official Records of Denton County,
Texas (O.R.D.C.T.), and being more particularly described as follows:
BEGINNING at a 518 inch iron rod with cap stamped "TNP" found at the most Southerly Southeast corner
of said 0.107 acre tract, and located in the West line of Lot 1A in Block 2 of the Sanger Brothers Addition,
as recorded in Cabinet E, Page 166 of the Plat Records of Denton County, Texas (P.R.D.C.T.), same
being a North line of a called 0.622 acre tract of land, as described in Deed to the Marsam Enterprises,
Inc., and recorded in Document No. 2013-72384 (O.R.D.C.T.);
THENCE North 88057'22" West, departing the West line of said Lot 1A, and along the common South line
of said 0.107 acre tract and the North line of said 0.622 acre tract, a distance of 61.13 feet to a 5/8 inch
iron rod with cap stamped "TNP" set for corner;
THENCE North 00°00'00" West, departing the north line of said 0.622 acre tract, a distance of 50.03 feet
to a 5/8 inch iron rod with cap stamped "TNP" set at the intersection with the common most Northerly line
of said 0.107 acre tract and the South line of Lot 1 in Block A of Elm Street Apartments Addition, as
recorded in Document No. 2015-423 (P.R.D.C.T.), same being the South line of a tract of land described
in Deed to Eagle Elm Partners, L.L.C., and recorded in Document No. 2015-148513 (O.R.D.C.T.);
THENCE South 89012'52" East, along the last stated common line, a distance of 154.72 feet to a 5/8 inch
iron rod with cap stamped "TNP" set for the Northeast corner of said 0.107 acre tract, and located at an
interior ell corner of said Elm Street Apartments Addition;
THENCE South 01056'17" West, along the most Northerly East line of said 0.107 acre tract and the most
Southerly West line of said Elm Street Apartments Addition, a distance of 13.32 feet to a 518 inch iron rod
with cap stamped "TNP" found for the most Easterly Southeast corner of said 0.107 acre tract;
THENCE North 8912'52" West, departing the West line of said Elm Street Apartments Addition, and
along the most Easterly South line of said 0.107 acre tract, for a distance of 93.73 feet to a 5/8 inch iron
rod with cap stamped "TNP" set for an interior ell corner of said 0.107 acre tract;
THENCE South 00053'33" East, along the most Southerly East line of said 0.107 acre tract, passing the
Northwest corner of Lot 1A, Block 2 in said Sanger Brothers Addition at a distance of 7.39 feet, and
continuing along the most Southerly East line of said 0.107 acre tract and the West line of said Lot 1 A, for
a total distance of 37.00 feet to the POINT OF BEGINNING, and containing 0.098 acres of land, more or
less.
NOTES:
1. Bearings are referenced to Grid North of the Texas Coordinate System of 1983, North Central
Zone No. 4202.
2. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B".
Marvin King, R.F'.L.S. No. 5581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: October 10, 2017
DEN16242 — City of Denton Page 1 of 3
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ATTACHMiENT"W" to Agreement
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.
DEED WITHOUT WARRANTY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That City Of Denton, Texas, a Texas Home -Rule Municipal Corporation (herein called
"Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and
other good and valuable consideration to Grantor in hand paid by the Marsam Enterprises, Inc.,
a Texas corporation (herein called "Grantee"), at 822 S. Elm St., Denton, Texas 76201, the
receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED,
SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, without
warranty, unto Grantee all the real property in Denton County, Texas being particularly
depicted and described on Exhibit "A" and Exhibit `B," all attached hereto and made a part
hereof for all purposes, and being located in Denton County, Texas, together with all and
singular the improvements and fixtures thereon and all other rights and appurtenances thereto
(collectively, the "Property") reserving unto Grantor a perpetual drainage and utility easement
(the "Easement") in, along, upon, under, over, and across the entirety of the Property, situated in
Denton County, Texas, located in the William Loving Survey, Abstract No. 759, as described
and depicted on Exhibit "A" and Exhibit `B," respectively (the "Easement Property").
Grantee specifically accepts the Property "AS -IS, WHERE IS, AND WITH ALL
FAULTS." Grantor provides no representations or warranties as to the condition or title of the
Property and all such representations and/or warranties are specifically disclaimed.
The Easement is reserved for the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, utilities, related drainage and utility facilities and appurtenances, in,
along, upon, under, over, and across said Easement Property, including without limitation, the
free and interrupted use, liberty, passage, ingress, egress, and regress, at all times in, along,
upon, under, over, and across the Easement 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 reserved Easement is subject to the following covenants and restrictions:
1. Structures. No buildings, structures, signs, facilities, improvements, or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed, or
placed in, along, upon, under, over, or across the Easement Property by Grantee. Further,
Grantee stipulates and acknowledges that the City, in consideration of the restrictions above set
out, may alter the grade of the Easement Property and may remove from the Easement Property,
such buildings, structures, signs, facilities, improvements, and other obstructions as may now or
hereafter be found upon said Easement Property and dispose of any such buildings, structures,
signs, facilities, improvements, or obstructions in any manner it deems appropriate without
liability to City.
2. Access. For the purpose of exercising and enjoying the rights granted herein, the
City shall have access to the Easement Property by way of existing public property or right-of-
way.
3. Trees and Landscaping. No shrub or tree shall be planted upon the Easement
Property or that may encroach upon the Easement Property. City may cut, trim, or remove any
shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may
encroach or overhang upon the Easement Property without liability to Grantee.
4. Grantee's Rights. Grantee shall have the right, subject to the covenants and
restrictions contained herein, to make use of the Easement Property for any purpose that does not
interfere with the City's rights retained herein for the purposes reserved. Notwithstanding
anything to the contrary herein, (a) the Easement Property may be improved with paving and
parking areas; and (b) Grantee may erect fences on the Easement Property, provided such fences
so erected shall be of a type that could easily be removed should maintenance of the Drainage
Facilities be required (stone, brick, or concrete fences are examples of types that are not
permitted). Furthermore, any fencing erected shall not materially interfere with the overland
conveyance of storm water run-off.
5. Successors and Assigns. This easement reservation and the covenants and
restrictions contained herein shall constitute covenants running with the land and shall be
binding upon the City and Grantee, and their heirs, successors, and assigns.
Grantor conveys, without warranty, all improvements, rights, appurtenances, and hereditaments
located thereon or pertaining thereto, including all rights, title, and interest, of Grantor in and to
the Property SAVE AND EXCEPT the above-mentioned reserved Easement.
TO HAVE AND TO HOLD the Property, without warranty by Grantor, together with all and
singular the rights and appurtenances thereto in anywise belonging unto the said Grantee and
Grantee's successors and assigns forever, save and except the reserved Easement.
EXECUTED the day ofQ, 2011,
City of Denton
By: �
Todd 11 i 6cinan, City Manager
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument is acknowledged before me, on this day of
................................................................................................................ 2017 by Todd Hileman, City Manager, City of Denton.
Notary Public in and for
State of Texas
ATTEST:
Jennifer Walters, City Secretary
APPPROVED AS TO LEGAL FORM:
Aaron Leal, City Attorney
am
After Recording, Return to:
Marsam Enterprises, Incorporated
822 South Elm St.
Denton, TX 76205-7678
Attention: Dwayne Waters
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 0.016 acre tract of land situated in the William Loving Survey, Abstract No. 759, City of Denton,
Denton County, Texas, and being more particularly described as follows:
BEGINNING at the Northwest corner of Lot 1A in Block 2 of the Sanger Brothers Addition, as recorded in
Cabinet E, Page 166 of the Plat Records of Denton County, Texas (P.R.D.C.T.), same being the most
Northerly Northwest corner of a called 0.622 acre tract of land, as described in Deed to Marsam
Enterprises, Inc., and recorded in Document No. 2013-72384 of the Official Records of Denton County,
Texas (O.R.D.C.T.), and located in the most Southerly East line of a called 0.107 acre tract of land,
described in Deed to the City of Denton, Texas, as recorded in Document No. 2016-62253 (O.R.D.C.T.),
from which point a 5/8 inch iron rod with cap stamped "TNP" found at an interior ell corner of said 0.107
acre tract bears South 00°53'33" East, a distance of 29.61;
THENCE North 00°53'33" West, departing the Northwest corner of said Lot 1A, and along the most
Southerly East line of said 0.107 acre tract, a distance of 7.39 feet to a 5/8 inch iron rod with cap stamped
"TNP" found at an interior ell corner of said 0.107 acre tract of land;
THENCE South 89°12'52" East, along the most Easterly South line of said 0.107 acre tract, a distance of
93.73 feet to a 5/8 inch iron rod with cap stamped "TNP" found at the most Easterly Southeast corner of
said 0.107 acre tract, and located at the intersection with the most Southerly West line of Lot 1 in Block A
of the Elm Street Apartments Addition, as recorded in Document No. 2015-423 (P.R. D.C.T.);
THENCE South 01°56'17" West, along the most Northerly East line of said 0.107 acre tract and the most
Southerly West line of said Elm Street Apartments Addition, a distance of 7.66 feet to an "X" Cut found at
the intersection with the North line of said Lot 1A;
THENCE North 89°02'49" West, departing the West line of said Elm Street Apartments Addition, and
along the North line of said Lot 1A, same being the most Northerly line of said 0.622 acre tract, a distance
of 93.36 feet to the POINT OF BEGINNING, and containing 0.016 acres of land, more or less.
NOTES:
1. Bearings are referenced to Grid North of the Texas Coordinate System of 1983, North Central
Zone No. 4202.
2. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B".
-- -!n!!�.,....., f .,m„m,,,,.,,.,,.la-3-11.. -
Marvin King, R.P. .S. No. 5581
Teague Nall & Perkins
1517 Centre Place Drive, Suite 320
Denton, Texas 76205
940-383-4177
Date: November 3, 2017
DEN16242 — City of Denton Page 1 of 3
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