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18-975!' 1 � � � • - AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TRANSMISSION LINE RELOCATION AGREEMENT WITH T�d��L-$1V o R 1,'[jL� j y INC.9 �$ 1 Li�ili �✓o�o�'$ l lolV, MEDANJO PARTNERSy LTD.y �$ 1��t`�li LIMITED PARTNERSHIP, AND NW REALTY, INC., A TEXAS CORPORATION, FOR THE RELOCATION OF A 13$KV TRANSMISSION LINE OWNED BY THE TEXAS MUNICIPAL POWER AGENCY AND MAINTAINED BY THE CITY LOCATED ON THE NEAR WEST SIDE OF E. LOOP 288 SOUTH OF SHADY OAKS DR.; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal Power Agency ("TMPA") owns, and the City af Denton, Texas, ("City") maintains, under a separate agreement with TMPA, a 13 $kV electric transmission line /66Transmission Line") located an property owned by Terrano Realtyy I11C.y a Texas corporation � ("Terrano"), with said Transmission Line being located on the near west side af E. Loop 28$ south af Shady Oaks Dr.; and WHEREAS, Terrano is of the opinion that the locatian af the Transmission Line negatively impacts the commercial develapment of the Property and desires that the Transmission Line be relocated; and WHEREASy T6�T�I�U11Oy Medanja Partners, Ltd., a Texas limited partnership (66Medanja"), and NW Realtyy ITLC.y a Texas corporation, (66NW"), previous sold property to the City located near the Transmission Line and collectively placed $2,200,000 in escraw at Reunion Title, 2745 Wind River Lane, Denton, Texas 76210, fram the prior sale for the relocation of the Transmissian Line; and WHEREAS, on March 9, 2017, TMPA authorized the relacation of its 138kV electric transmission line (66Transmission Line") located on property owned by Terrano by Resalution Na. 2017- 3-6; and WHEREAS, the City requires a temporary blanket access and construction easements from both Terrano and Medanja to relocate the Transmission Line; and WHEREAS, the City will relocate the Transmissian Line far the actual cost of canstruction; and WHEREAS, the City will partially release certain rights in favor of Terrana, Medanjo, and NW in existing easements located on the Praperty; and WHEREAS, the City Council finds it is in the public interest that the Transmission Line be relocated upon the terms and conditions set forth in the Transmission Line Relocation Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations cantained in the preamble af this Ordinance are incorporated herein by reference. SECTION 2. The City Manager,- or his designee, is authorized to execute the Transmission Line Relocation Agreement with Terrano Realty Inc., Medanjo Partners, Ltd., and NW Realty, Inc., (attached as Exhibit `A' and incorporated herein for all purposes) and is further authorized to carry out the rights, duties, obligations and responsibilities of the City set forth in the Agreement without further authority, guidance, or direction from the City Council. SECTION 3. If any section, subsection, paragraph, sentence, clause, pllrase or word in this ordinance, or application thereof to �ny person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portio.ns of this ordinance, and the City Cotulcil of the City of Denton, Texas, hereby declares it wou.ld have enacted such remaining portions despite any such invalidity. SECTION 4. "I'his Ordinance shall become effective immediately upon its passage and approval. r o��ay�� r�v�, this ordinance was made by _��'l f2 �u�2 and seconded y The motion t�� mmmm � the ordinance was passed a`t�d approved by the following b � � � ..... vote [� - U ] : Mayor, Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Aimintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay ✓ ✓ ✓ ✓ v � Abstain Absent ��. PASSED AND APPROVED this the ��i � day of �,�/(./'!.� _, 2018. �.��..�r�..� � .�._.� �� w. ... , a°` � �� '�,,,, �..,. �^ ,� � d� �, w�.� � � �.� �� ...�.. . CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ��m � � � B �� ^' �� ^�„, � � � � �� .�... � �� '�� APPROVED AS TO 1.,1r'��,��;, FORM: AARON LEAL, CITY,�'�'"1 ��q��;Y �� . BY . _..._. .. ��.�_ ..�._. .'� . �........ . . . __ ....... TRANSMISSION LINE RE1��►Tl��l ��fi THIS TRANSMISSION LINE RELOCATION AGREEMENT (the "Agreement") is by and between TERRANO REALTY, INC., a Texas corporation, ("TERRANO"), MEDANJO PARTNERS, LTD., a Texas limited partnership ("MEDANJO"), NW REALTY, INC., a Texas corporation, ("NW"), and the CITY OF DENTON, a Texas home-rule municipal corporation, ("CITY" or "DENTON"). RECITALS WHEREAS, the Texas Municipal Power Agency ("TMPA") owns, and the CITY maintains, under a separate agreement with TMPA, a 138Kv electric transmission line ("Transmission Line") located on property owned by TERRANO with the same being depicted on the attached Exhibit "A" ("Property"); and WHEREAS, TERRANO is of the opinion that the location of the Transmission Line negatively impacts the commercial development of the Property and desires that the Transmission Line be relocated as indicated on Exhibit "B"; WHEREAS, TERRANO, MEDANJO, and NW, together, have $2,200,000 held in escrow at Reunion Title, 2745 Wind River Lane, Denton, Texas 76210, from the prior sale of real property to DENTON to pay to DENTON for the relocation of the Transmission Line; WHEREAS, DENTON, to relocate the Transmission Line, requires a temporary blanket access and construction easements from TERRANO and MEDANJO, respectively, as shown in Exhibits "D" and "E" ("Temporary Blanket Easements"); WHEREAS, DENTON will relocate the Transmission Line in accordance with Exhibit "B" for the actual cost of construction; WHEREAS, TERRANO, MEDANJO, and NW, also desire DENTON to partially release certain rights in favor of Denton in existing easements located on the Prdperty as shown in Exhibits "F" and "G" ("Partial Releases of Easements"); NOW, THEREFORE, in consideration of the mutual representations, covenants and promises herein contained, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Section 1. �,��I�. TERRANO, MEDANJO, NW and DENTON are in full and complete agreement with the recitals set forth above and the obligations imposed on each under the Temporary Blanket Easements, and Partial Releases of Easements under the Easement. Section 2. p�,��mnn+ �1hIU c'a4i^�'ww''a n�,,f TGRR�IVrI M�IIA ,�,�1,�, �,C1C� �W, TERRANO, MEDANJO, and NW will pay to CITY the amount of $2,200,000 within 10 calendar days of the Effective Date of this Agreement. TERRANO, MEDANJO, and/or NW have escrowed the amount of $2,200,000 ("Pole Relocation Funds") with Reunion Page 1 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) Title as Escrow Agent and may make the payment either by certified funds, wire transfer, or authorization to the CITY to draw the amount from escrow. Section 3. Transmission Line Rel+�� ii ��i�r� a�� M"T��l. A. DENTON will commence activities to relocate the Transmission Line on the Property ("Relocation Activities") to the location shown on Exhibit "B" no later than July 31, 2018. Relocation Activities will include, but not be limited to, the procurement activities related to relocation of the Transmission Line, design and engineering activities related to the relocation of the Transmission Line, the de-energizing, removal, relocation and re- energizing of the Transmission Line and the removal of related above-ground structures from the Property. B. DENTON will use its best efforts to complete of the Relocation Activities no later than May 30, 2019. The parties agree and understand that the Relocation Activities may not be completed by May 30, 2019 and that DENTON will continue to use its best efforts to complete the Relocation Activities as soon as possible thereafter. C. Any and all decisions made regarding the relocation of the Transmission Line, other than the new location shown on Exhibit "B", are made in the sole and complete discretion of DENTON. D. DENTON will place the Pole Relocation Funds in a separate, segregated account to be used only for the relocation, removal, and abandonment as described in this Agreement. E. DENTON agrees to provide to TERRANO, MEDANJO and NW monthly reports of the progress of the Relocation Activities, including documentation of all withdrawals from the separate account referred to above made during the preceding month, along with a copy of the invoices, statements or bills for the work or materials paid for with such withdrawals, a copy of the contract for such work, and a statement of progress including what materials have been ordered, what work has been completed, and what work is under progress which has not been fully paid for. F. DENTON will notify TERRANO, MEDANJO, and NW when the Relocation Activities have been completed. Section 4. �r��ti��l��r ��i��. Section 5. Execution of �,lanke# Temnorarv Easement Obliaation of TERRANO. TERRANO shall execute the Blanket Temporary Easements, in the forms attached as Exhibit "D", and return the same to DENTON within 10 calendar days of the Effective Date of this Agreement. Section 6. Execution of Blank�� "��r� �r�r ��n�� Ni ;��+�r� +��' MEDANJO. MEDANJO shall execute the Blanket Temporary Easements, in the forms attached as Exhibit "E", and return the same to DENTON within 10 calendar days of the Effective Date of this Agreement. Page 2 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) Section 7. Execution of Partial Releases of Easements. DENTON will execute the Partial Releases of Easements, each effective the date the Relocation Activities have been completed, in the forms attached as Exhibits "F" and "G", and return the same to TERRANO, MEDJANO and NW within 10 calendar days after the completion of the Relocation Activities. Section 8. Transmission Relocat��r� �� tN��r�� +��1� �ti�w��. A. Within 45 days after the completion of the Relocation Activities, DENTON will provide TERRANO, MEDANJO, and/or NW with a final accounting of the actual construction costs for the relocation of the Transmission Line. B. The Parties agree that actual construction costs will include, but not be limited to, engineering; design; installation/removal labor; inspections; site clearing; environmental/site testing, sampling, and geotechnical analysis/reporting; poles; conductor and fiber; all other needed materials, equipment and devices; DENTON labor and overheads ("Actual Construction Costs"). C. If Actual Construction Costs for the relocation of the Transmission Line exceed the total of the Pole Relocation Funds, TERRANO, MEDANJO or NW will not be responsible for any such excess and DENTON will pay the said excess. D. If Actual Construction Costs for the relocation of the Transmission Line are less than the total of the Pole Relocation Funds, DENTON agrees to pay TERRANO, MEDANJO and NW, jointly, the difference within 30 days of date final accounting was delivered to TERRANO, MEDANJO and NW. Section 9. DENTON's Limitation ��' Li��rrit . A. In the event DENTON breaches this Agreement, the parties expressly agree that to the fullest extent permitted by law, the total liability of DENTON to TERRANO, MEDANJO and NW combined, or anyone claiming by, through, or under TERRANO, MEDANJO or NW for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to this Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed $2,200,000. B. DENTON SHALL NOT BE LIABLE TO TERRANO, MEDANJO OR NW FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT. Section 10. ��a��w�ir� L�r�� rr��i��° �� '��i��r. This Agreement and the rights of the parties under it will be governed by and construed in all respects in accordance with the laws of the State of Texas. Any action or judicial proceeding arising out of this Agreement shall be filed and prosecuted in Denton County, Texas, and TERRANO, MEDANJO, and NW consent to such venue. All rights or remedies of the parties hereunder or otherwise available at law or in equity shall be cumulative, and no Page 3 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) one right or remedy shall be deemed exclusive of the other, or any other right or remedy conferred by law or equity. No failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy will operate as a waiver thereof, nor will any single or partial exercise by any party of any right, power or remedy preclude any other or future exercise thereof or the exercise of any other right, power or remedy. Section 11. ,��rrrrorr�r�� r�nu�rw�t. This Agreement shall not be altered or otherwise amended except by an instrument in writing signed by all parties. This Agreement and all of the provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns, but neither this Agreement nor any of the rights, interests or obligations hereunder may be assigned or otherwise transferred by TERRANO, MEDANJO or NW without the prior written consent of DENTON, which consent DENTON can withhold in its sole and absolute discretion, and any purported assignment or other transfer without such consent shall be void and of no force and effect. Section 12. Notices. Unless otherwise provided in this Agreement, any and all notices required or permitted under this Agreement shall be in writing and given by mail, facsimile, overnight delivery, or in person to the parties at the address set forth below: C��"�t��N �� +�r n��u�� t�w I��i�T�l� i� ��a�� r+��+�� w��9 �c� I��w%� �r�+�r��:� li��a� �w��am�v : City of Denton c/o Denton Municipal Electric 1659 Spencer Rd Denton, Texas 76205 Attention: General Manager Fax (940) 349-7334 City of Denton c/o City Attorney's Office 215 E. McKinney St. Denton, Texas 76201 Fax (940) 382-7923 TERRANO: Terrano Realty, Inc. 1303 Campbell Road Houston, Texas 77055 Fax ( ) - Page 4 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) MEDANJO: Medanjo Partners, LP 1303 Campbell Road Houston, Texas 77055 Fax ( ) - _ NW: NW Realty, Inc. 1303 Campbell Road Houston, Texas 77055 Fax ( ) - y If notice is given in person, such notice shall be deemed delivered upon personal delivery. If notice is given by facsimile, such notice shall be deemed delivered upon confirmation of transmittal. If notice is given by mail, such notice shall be deemed to have been delivered five (5) days following deposit in U.S. mail, postage prepaid, certified mail, return receipt requested. If notice is given by overnight delivery, such notice shall be deemed to have been delivered when the notice has been accepted by the recipient. Any party may change its notice address by giving notice to the other party as provided in this Section 8. Section 12. No Third Party Benefici�ri��, Nothing in this Agreement shall be interpreted or construed as creating any rights or privileges of any kind whatsoever in persons or entities who are not parties to this Agreement. Nothing in this Agreement shall be intended or deemed to create a partnership, joint venture, or other similar relationship between the parties hereto. Section 13. �rwtir� e� �r��rr��• ��n��r��r�. This Agreement and constitutes the final and complete expression of the parties with respect to the subject matter hereof, and replace and supersede all prior understandings with respect thereto. This Agreement has been negotiated by TERRANO, MEDANJO, NW and DENTON, and their respective legal counsel, and the parties specifically agree that any legal or equitable principles that might require the construction of this Agreement or any provision of this Agreement against the party drafting will not apply in any construction or interpretation of this Agreement. The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. Section 14. ,��s�ri��;. The signatories to this Agreement represent that they have the power and requisite authority to bind the respective party to perForm the obligations set out in this Agreement. A. �"��F�,�a��. TERRANO represents, warrant, covenants and agrees that it has the full, complete, and absolute authority to enter into this Agreement and accept the Page 5 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) obligations contained herein; that it is a Texas corporation organized under the laws of the State of Texas and is in good standing under Texas law; that this Agreement has been duly authorized by its board of directors and any other body, person, or entity whose approval is required; and that this Agreement is a binding and enforceable agreement of and against TERRANO in accordance with the terms contained therein. B. �i��. MEDANJO represents, warrant, covenants and agrees that it has the full, complete, and absolute authority to enter into this Agreement; that it is a Texas limited partnership organized under the laws of the State of Texas, is in good standing under Texas law; is duly authorized to conduct business in the State of Texas; that this Agreement has been duly authorized by its governance structure and any other body, person, or entity whose approval is required, including its general partner, ANPAWI, LLC, a Texas limited liability company; and that this Agreement is a binding and enforceable agreement of and against MEDJANDO in accordance with the terms contained therein. i. „�P��:"�"'Im N��. ANPAWI represents, warrant, covenants and agrees that it is the general partner of MEDANJO; that it has the full, complete, and absolute authority to enter into this Agreement as general partner of MEDANJO; that it is a Texas limited liability company organized under the laws of the State of Texas, is in good standing under Texas law; is duly authorized to conduct business in the State of Texas; that this Agreement has been duly authorized by its governance structure, and any other body, person, or entity whose approval is required, including MEDANJO; and that this Agreement is a binding and enforceable agreement of and against MEDANJO in accordance with the terms contained therein. C. NW. NW represents, warrant, covenants and agrees that it has the full, complete, and absolute authority to enter into this Agreement and accept the obligations contained herein; that it is a Texas corporation organized under the laws of the State of Texas and is in good standing under Texas law; that this Agreement has been duly authorized by its board of directors and any other body, person, or entity whose approval is required; and that this Agreement is a binding and enforceable agreement of and against NW in accordance with the terms contained therein. D. DENTON. DENTON represents, warrant, covenants and agrees that it has the full, complete, and absolute authority to enter into this Agreement and accept the obligations under it; that it is a Texas home-rule corporation organized under the laws of the State of Texas and is in good standing under Texas law; and that this Agreement has been duly authorized by its council; and that this Agreement is a binding and enforceable agreement of and against DENTON in accordance with the terms contained therein. Section 15. I�i��vr�� Uw��a�. If a dispute arises out of, or in connection with this Agreement, the Parties agree to meet to pursue resolution through negotiation or other appropriate dispute resolution process before resorting to litigation. All information Page 6 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process. Section 16. �+��r�. For the convenience of the parties hereto, this Agreement may be executed, including by facsimile signature, in one or more counterparts, each identical to the other, so long as the counterparts in a set contain the signatures of all the parties to this Agreement, and shall bind the parties when each party has received a set containing the signature of all. Section 17. Effective Date. The effective date of this Agreement is the date the same is executed by the DENTON. below. IN WITNESS WHEREOF, the parties have executed this Agreement as indicated ---- Signature Pages Follow Page 7 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) TERRANO �� '�'�, INC., a Texas ��r��r��i�n � �,,,,,, �� - � r � � � B � .� ym �.��. � �� . .� w �� , �� Sb �ure �� Prir� �' �I�r�t� � �� ""� Title � n�� Executed on the �day of � ��fi , 2018. MEDANJO PARTNERS, LP, a Texas limited partnership, by and through its general partner, ANP I� LC, a Texas Ilir�n"�� liabilit �c�mpany � � ��" � �� _. ��" ��"�� ..�� By: „� �� °,�� t�r�; � � � �� w Printed Name Title �,� Executed on the � d'ay of ',� 2018. �� NW REALTY, � ,, a Texas corpor tion �. � , �� .. �� . B � ,. � � ,� , �,m y. � ,�� .� �� . .� S` '� �re � �. < � �rin�� I�m� � �� Title �,,,,�, Executed on the �" day of e� , 2018. Page 8 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) CITY OF DENTON, a Texas home-rule municipal corporation B � � � � ��..�� .w � y. � , � �� , " � , � �..�., , �, "'�"o� ileman, City Manager, under the authority of Ordinance No. 2018 - Executed on the ��day of , 2018. � �EST: nifer ' ��rs, City ��r��r� APPROVED AS LEGAL FORM: �,�. ��.... �� By' � �� A t�r�ey Page 9 of 9- Transmission Line Relocation Agreement (FINAL VERSION 06/15/2018) U J l(j Q N W 0p $i+�p��pM � Q ��00 � � M � YS � U N �' V 2 o � � �j i€i �r"". i�� r ��E r,�'° ,,.: ", p...: 6J'� ..s I � fFa f..7 �,��i I f f r�� l.:d .I. . f�l.. . �I Id�l f / IIP.; � ..I n (I., I..�_ �,.I f�,.+ II"„ �,P r,j f..) y......' f�°.,i tti r � ; r . , �� t7 �, �'��; �� r, ,�, �ar { r�. � frii ii�,i�r' ra' ' � r:; i � << i� 9 � I � � � r � e � re �,� PG�OPO�G� I�f��Mn aGC� G�OQD ...-.. ... �_ .-__. ..,�. .� -.—_. � ..�.... .m-�.. .W».�.. p �J � � + . ..r �.e:.W., :�.r :m.... .�. ,.. , �- _ _,,, . ... �� . .��,,.. , _..,___.�...�...._...W._..�. � � ' .... �,„_.-�-^ , �,� �-.�._...m._..,..`. _ . � �,-mm �. , . ..�.�,..._.. ^�-��,...�...�_ .... . . , V � M1 ' �..�....m .,..,m .. .�.� . � .,,,..._�....�...m . ........ ......... � � '�" ��' ��,°'�" ' � ��. .. � . . N �i. � � . . � . d U J�a N W 0�0 �p�c�M ��rn �� W�� a �j � � � �� - � � � PG�OP03G� �3G�UMn CSGf� [�OQD O �.,,.w. � o � ��....��. � � � � � � Q Q�� Q r � AS u r� N � M { I� I ' ta P,i i iiI ", f:a � � . n ?�- �"� "�'i �'' ;" i,�� " i � '.� � i r. . „, � � ��._...... �, � 2 f/) �� V 7 r o a � '� � ��....�...,..... ....�.�..—.,._.....�,�— .,� . ._–....�....... � •� ��--- �",�.–,....v � �.�,� _.... . '�, ,�"` _,,,,e. .,,, _�. �' � e...... � C,,,, G � � � � � ... � �- .. .w �.... z W O Y Q Z ~ � � m m � � � �.��. � — _ I I� �a �^ � � ��. �m. � .. .,�.. ...,�.. _...,.. ..� R ,.. � ' ._.... w.. I � � ° " .... e+ -'�'� � , , e } ,. I . -- � ' — ..�.�, .,..�,,: w x ,.... � ,.._ a ,�, " � .. .� . ..,�..� . ,, . ..._...�" �..,.....�...,,,_,..,.._,.,�.....:.a.,...�..�....�».,.,.�._.._......... ' — � �. �., , .., i � ,�.�. ,.� ,� � ... , . � r �� ,.�� .�..�, .�.�..�.�,.�,..�.,_ .. � .. �� . � ,� �, . �� •+, ...�.,.....�.,. �, "'� I,, . N �w �� _,li �_.�� I � %�_'� � � �� % S�� ,.., � i ...... .. i�„...��.._...............�.. �I �. �, � �� . _ _ �.. „�� .�� ..._, ..� .�� ..�. ..�. � . �.,�, � � � y, . m � 4' �� o EXHIBIT D TO TRANSMISSION LINE RELOCATION 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: YOU SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY ACCESS AND �`�l'��""��.1�;"'�"li�[� 1�tL�`�C��" THE STATE OF TEXAS, . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Terrano Realty, Inc., a Texas corporation ("Grantor"), successor in interest to Staff Realty, Inc., in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by the City Of Denton, a Texas home-rule municipal corporation ("Grantee"), receipt of which is acknowledged, does grant, bargain, sell and convey unto the City of Denton, Texas, a temporary access and construction easement in, along, upon, over, under, and across a tract of property owned by Grantor, situated in Denton County, Texas, and more particularly described in the Special Warranty Deed attached hereto as Exhibit "A" and made a part hereof (the "TCE Property"), for a period not to exceed thirty (30) months for the relocation and construction of certain public electrical utility improvements along Mayhill Road. In the event the surface of any easement area is disturbed by Grantee's exercise of any of its rights under this easement, such area shall be restored to the condition in which it existed at the commencement of such activities. It is agreed that as of the date of this Easement Agreement, there are no fences, signage, buildings, vegetation, trees, or other obstructions found upon the TCE Property, and Grantor shall not install any fences, signage, buildings, vegetation, trees, or other obstructions on the TCE Property during the Term. If during the Term, Grantor does install any fences, signage, buildings, Page 1 of 2— Temporary Access and Construction Easement vegetation, trees, or other obstructions on the TCE Property, Grantee shall have the right to remove such fences, signage, buildings, vegetation, trees, or other obstructions without paying any additional compensation to Grantor. This temporary construction easement shall expire on the earlier to occur of: (1) the completion of the relocation of the public electrical utility improvements; or (2) thirty (30) months after the Effective Date hereof. TO HAVE AND TO HOLD unto Grantee for the purposes aforesaid the premises above described. This temporary construction easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns, subject to the terms of expiration herein provided. Witness my hand to be effective this day of � , 2017 ("Effective Date"). Clf7�►fl C�):� TERRANO REALTY, INC. A Texas Corporation I� Prmted Name: Its: Page 2 of 2— Temporary Access and Construction Easement STATE OF TEXAS COUNTY OF This instrument was acknowledged before me, a Notary Public, on the day of 2017, by �, , the .. �..��... _.��..��_ of ....9 .....�.� .....................,�,��.,,.,..� . ...,,.. Terrano Realty, Inc., in the capacity herein stated, on behalf of the company. Notary Public After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson Page 3 of 2— Temporary Access and Construction Easement Exhibit "A" Special Warranty Deed, Recorded as Document Number 94-R006845 in the Real Properry Records of Denton County, Texas, attached hereto. Exhibit "A" — Temporary Access and Construction Easement $W1.4• FI' 31.00 (:.c No. �i-348155—A SPECIAL WARRANTY DEED THE S'TA7'E OF TEXAS ) COUN7'Y OF DA L ) 006�45 �r�'�.i�N��arw THAT,��' :�t��°�� ti°�c� � � '�r��.�.�� r�� r,�+.�......�,M ��r��r c�� "r��ar��r� located �t i��a� 1��a� i�a�w� ��r �� 1�� 'p'e�� T ,��s a�ad ic� ��x�sid�r�sA�a� of the ��a�n � .. ' "�5��6 � � �.r� other ,�a�d �ci v�Yu�bi� �t�r�s��l�r�tic��a the rec�� and �r� ��1�su of which i� ��r��ry ��1�� e� %�s d�T�»�"'i�, �t�� AND CON'W�"a�'�tu and by t�� e��rs �r�� r�� C:��'1fl�"� �� p"�T"��" unto �"�'�w[�F �t�At.�'�C � : „ ��r�� 'r��t��, that certain property �d�s�arr�a�+d � �"�I�C��+� �r� �aa t�r t a� saper'�"�. See Frxhibit "A" attached hereto and made a part hereof for all purposes. Ttse fo11��r3�� r�servationa from and exceptions to this conveyance and the warranty made herein s'h�1 �pq�ly: '�1) ,�� ay�, �� Is pt r�a�r and,pr�sc��tive rights whether of record or not, periaining to �� p�ar�a��(s) ra�" �i� h�r�zn �iescnber5 Frc�pertyt � (�� 1 �r�ti'i� �i�� n� �a�r�� ri��sc�� C��r�st or leates� �e��t� reservatit��s� �n��'� �n�c�� a�ar� tra.��ar� ��" ��t��s� ��" �ray ��r�,�ter, ia the oI� �� or miaer�s a� r��ra� p��ai�asa�, ��a a�aY ��i�� e 8��rc�s dc�ibed Properry� �� w.i1, r��ta3��v� ��rya�� t,�rc�.s, ��:ta�� concr��, s�rr�ic�s�s« z�n�g �� wd ��c��c �t��r►s oi r��m�� ta �s�� r��n(s) a� t�a� ��r��e� des�rz�� 'Pr�p��t�rM ��t ��ly tcr i�e �,��t t�;a�� s�u��a ��a�; (4) All pr�s�n��y recorded �s�c��s (other t�� k��os �d c��^��y�as by through or uader the Ca��) that affe� 4�� ra��rty and �� s��o�(�'� t��r�a&', �� d� �r�� a��cs �� ;�.�sc�.�n��s a� w�l� �,s 1�.�D �t: t�c�, %�� a��sn��s�� t � � �"�r r.�� r�r�,�t �� a�i sr�l�s��u�� w �a�c ��t r��' w�a�k� C;��r�ut�� d �u�s� uer�ti a��s�n��s `�nr �1�� ri �rir�� e� �u� t� +��c(�"j ��a 1�� ;��, c��ncrs�tp. �� b�� i��i�i�r ti�r �3�� n�� a�' w�ic�a �r��e ��r�� d (6�) 'C"�� r matters set forth on Fxhibit "B" attached 6ereto and made a part hereof tor all ��sr�as�s. �� "� �3�74..� t�ti� �r��ra� taa�+��cr r�tk� t�1 ��M �1��,r� 1�� i�� aau� ��pu��°t��„�+�� t��a iz� ��a� '��i��:aa� �r�t� �s� ��,ic� ��e� ft� su��a� aa�+� �� ast�r r�� a�r�e"�� r� �t�� it� ��a��r� �a,�d r�� +� +��ut �c� i`�r+�a�r d��"�aad � �ra� ��n l�.r �.kuc i�r� c �s�t� �1�� C�r�t��, �a�' i� ��a��s�nr� �� i� C�r�v�rp �a '�"��'I" �ad �"�r�,'�"�� ►�"�l��i� s�l a.�d �ira,�i�r �� s�d � �o� ,�t��rv ��c. �n+� �si� ��e�aa�� c^�� p�r�� cro�d �r� ��r t�u� � �� i� ��r �r� ��.�n �a�s��wrs � �at �y �� .��C, ��w ��a�� z� �� 4� � ��"�'i�? ��t��*�"�" `� ��"� " � � IS" AND � � �'�"�'L"�"�� '�h i�i�� hh�� "5�� WA"�ffi�. . a 4��,� �' ��"� �. ��"��1,� "'�",��i""� ��r '�'�."� ��""1°"��1� "�W�I'�II� �&��'�.""�" T� '�� 'i�J�t d�li�, AND �1'�lF�El� �J�� "i3�, �'l�+��'1��,"i"�C, A,.h�'C�, AS TO • C��T� �� "W'�1��' �r �~� �� ,� �� " �� 1�+�C.,�� M;� � �° � � �3� FCITTPSS FOR A�'�"�1C� � M"�� OR USE. w ��roc�c� ��a�' t�� y�c� '��'��°��v� "k��r� �rorated by the p�� lh��tau � o[ the e�`aa^��r� ��t� oi ^t�►i� ��c�� Je�r�mac� "f��c�, ��' C3rantee, by i�s �� oi thIs �p��l� v��rrsa� �?c�d, �sun�� ay�rrr��t t��r��. lycld3 Eaecuted this� day of Jonuory , 199�� hC��IrP�;�"C ��Aw"tN'C;� �w55C��IA"l`l�}�9 SY : � ...�.�.� � ,� �' ' e� � '{ ', � '..._ Name: �:�'� "�G� U' L�1� b�Cr, 1 i��iderl Title: _ _ _ _ -- Mailing Address of Grantee: Slaff Realty, Inc. i�n� r.pm�hpii Nnns4nn , TaYac 77[155_ ACKNOWLEDGEMENT THE STATE OF TEXAS ) COUNTY OF DALLAS ) "��.� �astr��'��'� ��.�'�.� �� r��s d��`+� �� t�� day of " � � A��, �y � �i � ' �.+��w� �,.�,��+�,„ � T'�x�� . c�er .rwm��ta�,�a�9:. �zM �a� �e za �si a��Sd A�ss��t��.��n. � � �� ,*""" CHRISTI K. WELIS Notory Pubnc "��*� com�ss,io� Exvee e•io-o� My commission expires ��" �k�c , � 7'0 0 .. ' �spman �rr,c•�a�rri�n � c��tn, �°;�a�s�ym��sp� and Cevallor �� . � � ,� '�'l�r� ��aar�a�;ran, '��x�t� 7r�75�s pu.r�ran ►.�=d� l�f' ��. l'-34R1 SS-A EXHIBIT "A" ,IL.L TFiAT CFRTAIN TRACT OR PARCEL OF LAND THAT IS SITUATED TN THE M.L. AUSTIN SL'RVFY, APSTRACT YUhiBER 4� THE E. MORRIS SURVEY� ABSTRACT NUMBER 868, AND Tld6 M.E.P. & P.R.R.. C0. SURV�Y, ABSTRACT NUMBER 1475� DENTON COUNTY, TFXAS� RF.iNC A AORTJQN QF A CERTAIN (CALLED) 334.6073 ACRE TRACT IN SUBSTITUTE TRUSTEE'S DEED TO AMWES7' SAVINGS ASSOCIATION RECORDED IN YOLUME 2831� YACE; 840� REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND ALL OF A CERTAIN (CALLED) 21.6788 ACRE TRACT IN SUBSTITUTE TRUSTEE'S DEED TO AMWEST SAVINGS ASSOCIATION RECORDED IN VOLUME 2831, PAGE 846� REAL PROPERTY RECORDS OF DENTON COUATY, TSXAS� AND BEINC MOItE FULLY DESCRIBED AS FOLLOWSs HEGINNIKG AT THE 'SOUTHEAST CORNER OF SAID 334.6073 ACRE TRACT AN IRON PIN IN THE WEST RIGHT OF WAY OF LOOP Z88t THENCE NORTH 88 DEGREES 15 MrNUTES AtiD 06 SECONDS WEST ALON(i AND NEAIt A FENCE A DISTANCE OF 994.91 FE�T TO AN IRON PIN� THENCE NORTH 88 DEGREES 08 MINUTES AND 44 SECOND5 WEST ALONG AND NEAR A FENCE A DISTANCE OF 1842.95 FEET TO AN IRON PINi THENCE NORTH 02 DEGREES OS MINUTE5 AND 43 SECONDS EAST ALONG THE EAST BOUNDARY LINE OF THE MUNICIPAL UTIL=TY AADITYON A DISTANCE OF 2546.26 FEET TO AN IRON PINi THENCE SOUTH 68 DE(iREES 49 MINUTES AND 33 SECONDS WSST ALONG THE NORTH BOUNDARY LINB OF SAID MUNICIPAL UT=LiTY ADDITION A DISTANCE OF d92.23 FEET TO AN IRON QIN� THENCE NORTK 87 DEGREES 39 MINU1'ES AND 33 SECONDS WEST AGONG TiiE NORTK 90'JNDARY L2NE OF SAID MUNICIPAL UTYLITY RDDITYON A DISTANCE OF 397.35 FEET TO {W IRON PINi ,T'HENCE SOUTH 00 DEGR£ES 26 MINUTES AND 25 S�CONDS WEST AIANG 1'HE WEST eOUNDARY LINE OF SAID MUNICIPAL UTILITY ADbITtON A DISTANCE OF 163.89 FE£T TO AN IRON �IN; THFNCE NOc�TH 89 DEGRBSS 38 MINUTES AND 36 SECONDS WEST ALONG 7.'f:E 50UTH BOONDAI2Y LINE OF TFiE E. MORRiS SURVEY A DiSTANCE OF 563.40 FEET TO AN IRON PIN; 1'HEN�E NORTH Q1 DE�REES 22 I,INDTES PND 34 SEC7�JDS WEST A pISTANCE OF 1147.70 FEET TO AN :ROh PIN; TNENCE NORTF'. 89 DEGREES 38 MINUTES AND 36 SECdNDS wEST A �ISTANCE OF 460.00 FEET TO Ati IRON PIN; U-348155-A EXIIIBIT "A" (continued) THENCE NORTH 4a DEGREES Q7 MINUT�S AND 20 SECONDS WEST NEAR A POwER LiNE A DiSTANCE OF 1014.35 FEET TO �i�t IRON PiNJ THENCE SO��TH 77 DEGREES 10 MINUTES AND 26 SECONDS WEST ALONG THE NORTH SIDE 9F A FiLL AREA A�I ,TANCE OF 268.00 FEET TO Ai�l IROti PIN s THENCE SOUTH 19 DEGP.EE5 48 MINUTES AND 17 SECONbS WEST ALnNO THE NOf2TH STDE OF SAID FILL AREA A DISTANCE OF 175.62 FEET TO AN IRON PINj THENCE SOUTB. 86 DEGREES 55 MINt)TES AND 42 SECONDS WB�T ALON6 THE NORTFi bL:;:E OF SAID FILL AREA A DISTANCE OF 602.32 FEBT TO 1W IRON PINJ TliENCE NORTti 86 bEGFCEES 20 MINUTES AND 17• SECONDS WEST ALONO -' TH� EAST RIGHT-OF-WAY OF WOODROW LANE A DISTANCE OF 152.64 FEET TO AN IR4N PIN= THENCE NORTH 00 D£GREES 05 MINUTES AND 14 SECONDS EAST AI,ONG TEiE EA5T FtIGHT-OF-WAY OF WOODROW LANE A DISTANCE OF 474.41 FEET TO , AN iRON PINs =� THENCE NORTH 03 DECREES 15 MINUTES ANA 58 SECONDS WBST AL01i0 THF. EAST RIGHT-OF-WAX OF WWDROW LJWE A DI�TANCS OF 165.00 FEET TO AN IRON PIN; THENCE SOUTH 69 D6GREES 46 MINUTES AND 16 SECONDS EAST A DISTANCE OF 292.05 FEET TO AN IRON PiNt TNENCE ttORTH 02 DEfiREES 02 MINUTES AND 24 SECONDS EAST ALONa AIZD NL�AR A FENC$ A DISTANCE OF 308.22 FEET TO AN IRON PIN� THENCE NORTH 89 DEGREES 14 MINUTSS AND 50 SECONDS EAST ALONG THE NORTH 80UNDAI2Y LIPIE OF THE E. MORRIS SURVEY ALONG AND NEAR A F£NCE A DIST)WCE OF 1981.89 FEET TO AN IRON PINt THENCE NORTH 89 DEGREES 13 MINUTES AND 23 S£CONDS EAST ALONG A NORTH 80UNDARY LYNE OF THE T�P AND PRA. COMFANY SORVEY ALOHd ANA NEAR A FENCE A DISTANCE OF 646.74 FEET TO AN IRON PIN� THENCE SOUTH O1 DEGREES 01 MiNUTES ANA dl SECONDS WEST ALONQ THE EAST 80UNDARY LINE OP TFIE MEP AND PeZR COMPANY Sl1RVBY AND THE WEST BOIJNDARY LINE OF THE M. YOACHUM SURVEY, ABSTRACT NUMSER 14C2, ' ALQNG AND NEAR A FENCE A DISTANCE OF 1097. 60 F6ET TO AI�1 IRON PIN1 THENCE SOUTH 89 DEGREES 30 MINUTES AND 56 SECONDS EAST ALONG AND NEAR A FENCE ON THE SOUTFI 80UNDARY LINB OF TiiE M. YOACHUM SURVEY 1WD THE NORTFi BOUNDARY LINE OF TiiE MARY L. AUSTIN SURVEY, A DISTAAICE OF 714.76 FEET TO AN IRON PYNj' U-348155-A � , "' EXHIBIT "A" (continued) TH£NCE �OLTH O1 DEGREES 31 p11�rMJ�� pNL 2� SECOI�AS wEST Ai.ONG AND NEAR A FENCE A D:STANCE OF "�7�„�3 FEET TO A►� IFON PINs THENCE �(71�TH �"� P�C�� 53 MI,�V�"�S ANL� 51 �ECnND& EAST ALON(i AND NE:�,�": � F�a�� A L��'�i",��PGE OF 1��,7a r'EET TU A A.P.. CROSS TIE FENCE +��1�.N"GR �?�� j THENCE ,�C��I'�"`� O1 DEGREES O1 MINUTES AND 27 S£�C�I��S WEST ALONG AND NSAR A�;�I��,� A DISTANCE OF 230.88 FEET TO A�k.�k,, CROSS TIE FENCE CORNER 1�'��"�`� THENCE SOUTH 84 DEGREES 27 MINUTES AND 25 SECONDS EAST ALONG AND NEAR A FENCE A DISTANCE OF 48i.78 FEET TO A POINT E'OR CORt�ER f • THENCE SOUTH 53 DEGAEES 57 MINUTES AND 20 SECONDS EAST ALON(i AND NEAR A CREEK A DISTANCE OF 344.24 FEET TO A FOINT FOR CORNER� THENCE NOR7"Ei 53 DE(iREES 45 MINUTES AND 19 S£+:Ot:DG EAST ALONG AND HEI�R A CREEK A DISTANCE OF 193.06 FEET TO A POINT FOk CORNERj d ; THENCE NORTH 66 DEGREES 37 M2NUTES ANA 41 SECONDS EAST ALONG AHD NEA�t A CREEK A DZSTANCE OF 283.62 FEET TO A POINT FOR CORNER; TRr.NCE NORTH 83 DEGREBS 25 MINUTES AND O5 S�CONDS EAST AI.ONG AND NEAR A CRSEK A DISTANGE OF 29fl.25 FEET TO A POINT �'OR CORNERT THFNCE NORTH 82 DE�REE5 48 MINUTE3 AND 07 SECONDS EAST ALQNG AND NEAR A CREEK A bISTANCE OF 197.59 �EET Z'0 A POiNT FOR CORNER IN 'I'HE WSST RYGHT-OF-WAY OF LOOP 288t 7'HENCE SOUTii 00 DEGREES 36 MINUTES ANL 25 SECONDS EAS'1' ALONG THE WEST RIGHT OF WAY OF' LOOP 288 A DiSTANCE OF 285.88 FEET TO AN ZRON PINF THENCE NORTH 88 AEGREES 15 MINUTES AND 32 SECONbS WEST A DISTANCE OF 202.79 FEET TO AN IRON PIN1 TiIF•NC£ SGUTH 00 DEGREES 16 MINUTES AND 16 SECONDS WEST A DISTANCE OF 298.80 FEET TO AN iRON PINt 't'HENCE SOUTH 6A bEGP.EBS 34 MYNUTES AND �08 SECQNDS EAST A DISTANCE OF 206.37 FEET TO AN IRON PIN IN THE WEST RIGHT OF WAY OF LOOP 2R6; THENCE SOUTH 00 DEGREES 09 MINUTES P.ND 10 SECONDS WEST ALONG THE WEST RIGHT-C�F-WAY LINE OF LOOP 288 A DISTANCE OF 182.00 FEET TO AN IRON PINr THENCE SOUTH O1 DEaR8E5 42 MINUTES ANP 28 5ECOND� WEST ALONG TNE wEST RiGHT-OF-wAY LiNE Or LOOp 2�6 A DiSTANCE O� 544.95 FEET TO AN IRON PIN� U-348]55-A LXHTB]T "A" (continuad) THENCE S�J��" 0; DEGREES O1 MZNUTES AND 17 SECONDS WEST ALONG 1'HE wEST RiGH�"-�F-wAY LiNE OF LOOP 288 A DiSTANCE OF 376.89 FEET Z'0 AN IROh P�,C�� THENCE SOUTH 00 DEC+REES 41 MINUTES ,�C�&� 24 ��"�ri�,�� WEST ALONG THE WEST RIGHT-OF-WAY LINE OF LOOP �'�48 A DI��"Ak�"�''� OF 460.7Z FEET TO AN IRON PINs 1'HENCE SOUTH O1 DEGREES 11 MINUTBS AND 02 SECONDS WES1' ALONG THE WEST RIGHT-OF-WAY LIN£ OF LOOP 288 A DrSTANCE OF 467.35 FE�T TO AN IRON PIN; 7`HENCE ALONG THE WEST R�GHT OF WAY Or LOOP 288 AND A CURVE TO THE RTGHT, THE RADIIlS OF SAID CURVE EQUALS 2605.54 FEE'r AND THE CHORD HEAR5 SOUTH 04 DEGREES 50 MINUTES 25 SECONDS WEST A DISTANCE OF 357.85 FEET TO THE POINT-OF-BEGINNING AND CONTAINING 318.937 ACRE5 OF LAND, MORE OR LESS. t GF No. U-348155-A EXNIBIT "B" 1. E+►�Ament and Right. af Way from Comp�ny, dated November 5, i•ar.or�iad in Valume 104, Page C�unt.y, Texae. Shown an eurvay dated January 6, 1994. 2. F�wRement and Right of Way from Company, dated September 26. recorded in Volume 196, Page County, Texas. Shown on survey deted January R, 1894. M. S. Aouff to Texr�s Power & Light 1924, fi)�d Deoember 2R� 1924, 458 of tl�e Peed Recorde oP Danton grepared ry Hammett & Nash� Ina.� W, P. Pell to Texas Power & Light 1924� filed Dacember 1. 1924� 84 of the Deed Records of Denton prepared by Hammett & Nseh, Inc.. 3. Blanket Easement and Right of Way from Alex Dickie and wife, 011.ie Dickie to the City of Denton, dated Auguet 29, 1844, filed Sel�tember 20, 19A4, reaorded in Voluma 310� Page 13� of bhe Deed Reaords of Dentat� County, Texas. Exic+ting eanitary eewer line eh�wn an �surve+y prc�l�nr�+d by Hammett & Nash� Ine., dated January fi, 1984. 4. Bas�m�nt. and Right of Way from Alex l�iokie ta Texae Power & I,ight Compeny. dated Auguet 22, 1948, flled beeember 20, 184?. reoorded in V�luma 327, Page 437 of the Deed Records of Dsnton County, Texas. Shown on eui•vey prepared by Hammett & Naeh, Inc., datad Jam�ery 6, 1994. 5. Eae�ement and Right of Way fram Alex Dickie end w1fe, O].lie Dickie to the Gity of Penton, clated Navembar B, J948. filed Novembar 8. ]AAB. reoorded !n Volume 347, Pege 401 of tha Deed Reoorda of Denton County, Texa�. SY�own on survey grepared.bY Rammett & Nash, Inc., dRted January 8, 1994. 6. Fasement and Right of. Way Prom Alex Dickie and wife, 011ie Dickie '�t.o the City of Denton, dated November 8, 19A8� fi�sd November 9, 1848� recorded in Volume 347, Page 402 of the Deed Records of Denton County, Texas. Shown on aurvey prepared by Hammett & Nash� Jnc., dated .7anuary 6. 1994. 7. Blanket Hasement and FtiBht of Way from Pelbert T. Cruze and wife, Ruth Cruze to Braza� R1ver Transmiesion Eleatric Cooperative� In�., dated June 10, 1947, f11ed Ootober 24, 1899. reoorded in Valume� 357, PaBe 61 of tha Peed Recorda of. Denton County, Texas. Ac+signed to the Gity af.Denton by inetrumant reoorded in Voluma 110F. Pag� 78 of the Deed Recorda of Denton County. Texae. CF Nc�. ll-3A£i�5f�-q 8. 6�re��n� �� p��t• �� '��y� �"ew�+r�� w��wa� ��r,ki.� �a�. ��►c! r��,f�& ��:�i� 3�� k�k �� ,� "�r��a��e� �� : �r^.t �; �•�a��* ��s��ar� �9 v+� , ]' �� » r �1�1°.�s� Ca��wk+�� '�"�% r �"i i a+� d��w�.�„�r�, ��; r � �7'� � r��:�wz+c��d i �a "��'1:�a�me ��t'7 , P��t� �41 r��' �"�� ,� �kc�+��^��c ra� �?Sa�°��n ��un��°, `Y'��c�+�. ��r��ra�� ta� �1�� t.y� �P ��s�tca��s b�y �e��,��r��nk t��r�r�arc��d �,� "��s��a� �1�!�� '�� a�� h�a �� rdr�a �a� ��t+�r� �ar,��z�Y', �"�a��,�. ��r�r�n �+sn �ti��v�� ra��t•,��1 l��v t��sEa�m�k�� p�,��a* �'r�+�, a ��s��N �,�a�Ma�t�r�r �A ��8�. 9. Ee��Rment and Right of. Way from Alex Pickie. Jr.� and wife� Mari]yn Pi.akie t�o the City of Danton, dated March 20. 1982, filed April 8, 1962� recordad in Volume 47A, PegP 579 of the beed Reao:•da of benton County, T�►xae. Shown on eurvey prapared by Hanunett & NaRh, Inc. , dated Jamiary 6, 1894. 10. �ase�ment and Right of way from Alex Pickie. Sr., et al� to the City of Denton, dated March 17, 1962. filed April 6, 1962� recorded in Volume 479. Pege 582 of the Deed Recorde of Denton County. Texas. Shown on eurvey preparad by Hammett & Nash� Ino., dated January 6, 1994. 11. Eesement and Right af Way from Alex Dickie Jr.� Trustee, et al to Brazoe Blectrio Power Cooperative. Ino., dated October 29. 1971, ffled January 21� ].872.,reoorded in Volume 637� Pc►ge 344 of the Deed Reaords of Denton Counry, Texas. Shown on aurvey prepared by Hammetit & Nash, Tna., dated January 6, �894. 12. Rasement and Right of Way from Onis Veniba Davia to Delhi (ies Pigeline Corporation, dated July 30, 1973, filed September S� 1973. reaorded in Vo]ume 684� Page 516 of the Deed Reaorda of Denton County, Texea. .�,hown on eurvey p:�epared by Hammett � Nash, Ino., dated January 6. 1884. 13. Raeement end Right of Way from Alex Diokie. Jr.� et al. to the Ciby of Denton, dnted January 27. 1977, recorded i� Volume 821� Page 845 of the peed Racorde of Denton County. Texas. $hown on surv�y preFared by Hammett & Naeh, ino.. dated Jenuary 6, 1994. 14. Easement and Right o� Way froM Alex Diokie, Jr.� et al� to the City of Aenton, dated Auguet 24� 1878, filed August 2b, 1978, recorded in Volume 909, Page 85 0£ bhe Deed Reaorde oP Aenton County� Texas. Shown on aurvey prepared by Rammebt & Nash� Ino., ' deted January E1, 1994. 15. Fasement and Right of Way from Metiroplex Tquities. Ino., Trustee to the City of Denton, dated July 31. 1980. filed Auguet 7. 1980� reaorded in Volume 1028. Paga 281 of the Deed Reoords of Dention County, Texas. Shown on survey prepared by Hammett & Nash� Tno.. dated January 8, 1894. 16. �saement and Right af Way from Alex Diokie. Jr.. et al� to the Cit,y of benton, dated May 12� 1981� filed June 22. �981. reoorded in Volume 1084. Page 160 of the Deed Reaorda of Denton County. Texas. 3hown on esurvey prepsred by Hammett & Naeh, Ino.. dated .7anuary 6� 1Q9A. f;F No. U-34Ei�55-A 17. Faa�ment en�� Right «f. Way fr�m Mary Wi.11iam Smiih, Pt al to the City of DA�tan, dat►.�d Juna 76. ]�l8�, Pil�d June 30, 1961, r•er.c,rded i.n Valtime 1086, PAgA 7]7 of the PaAd Rc�cordw of Uenton County, TexA�. Shown ��n e�urvny prepared by Hammett & Naeh, Inc., det.Ad .7anuary R. �984. 18. Raaement and Right of Way from Cle:�k Bi•othere, a Texas general partnership oompo�ed of Eddie Clark and David L. Glark to the City af Denton. dRte�d April 26� 1988, filed April 29, 1965. 1•ecorded in Volume ]6?..2� Page 687 of Ehe Deed Reoorda of Denton County, TexRe. (Given fn oorrecbion of instrwnent recorded in Vo]ume 1531� Page 401 of the Deed Recorda of Denton County, Texae.) Shown on survey prepared by liammett & Nash. Ino., dated Jam�ary 6, 19P4. 19. Easement and Right of Way fram Clark Brothers, a Partnerehip to the City of Dent�n� dated April 26, 1895, filed April 28. 1985. recorded in Volume 1822� Page 679 of the Deed Records of Denton County, Texas. Shown on survey p:•epared by Hammett & Naeh� Ina., dated January 6, 1994. 20. �aeement and Right of Way from Clark Srothers� a Partnerehip to the City of Den�on, dated April 26. 1985, filed April 29�1986, reoorded in Volume 1622. Page 883 c+f the Deed Records of Denton County, Texas. Shown on eurvey prepared by Hammett & Naeh. Ina.� dated Januery 6, 1884. 21. Easement and Right of Way from C]ark Brothers� a Partnerehig to the C1ty of Deni;on� dated April 26� 1985� Piled April 29� 1985, recorded in Volume 1622, Page 665 of the Deed Reoords of Denton County. Texae. Shown on gurvey prepared by ilarnmett & Nash, Ino.. deted Jsnuary 8, 1994. 22. Hasement and Right of Way from Clark Hrothere. a Texas (ienerel Partnership, eampoeeed of Bddie Clark and David L. Clark to the City of Denton, dated April 26� 1985, filed Agril 28� 1985. recorded in Volume 1622� PeBe 689 of the Deed Reeorde of Denton County. Texas. Shov�m on survey prepared by Harrone�t & Naeh� Ino., dated January 6� 1994. 23. Eaeement and Right of Way from AmWest Savings Aseooiation to the 'City af Denton, dated May 14� 1991� filed May 29. 1991. reoordad in Volume 2986. Paga 287 of the Deed Reoorda of Denton County, Texas. Shown an survey prepared by Hammeit & Nash� Inc., dated January 6, 1A94. 24. An undivided ane-ninth (1/8) intereet in and to all oil� gas and other minerals of every oharaoter in and under the herein described property. reserved in inetrument from Julia A. Malone� a�vidow to 8. W. Manry, dated April 2. 1837, filed Aprfl 3► 1837� recorded in Volume 281, PaBe 639 of the Deed Recorde oi Denton Coi�nty. Texa�a. Title to eaid interegt bae nat been inveeti8�tied eubsequent to Ghe date of t)�e aforeeaid inatrument. GH N�, U-34815�i-A 25« ��a ��nc�ivicle�a� i�"� ��tw��t �.�� 1a�+ o�Il � �aa� �r�� :��r �w�n�r�� a� �►v��*3� ��a�ar��+�r� ,�� °�w.�i �r�d��^ �� a+�a�� cR��i�w�d �+�*��z�t„�,. r��a�v��' S,sn .tirt��.�^trw�� f�'�rr� �Ye�x "�ic�btia, J,r», �� a�'.�� a �ha�1 �. ��^ca�a�, 'Cr�a�t�s�, c�e'��el �'1�r�1x ��, ��+�'� #�il�s�l Nf�r��l� ��. �."�,��', ti��s�n��1c�� '�� uan� 1 �'71 � �� '8 c�f �h� C1�a,c�,,d ��z�� ' b�rn"�ca� �Ca�r.sr��rw "!`�aac��, 7"'��.�,� �� Sci Satt�r��t '3n�;� r�� t,��r� �nvc��t�c� ��a1b�w�;a�,�.��r�t r.�+ t�� d�"�� ai� ��roc� �w�c��^��9�d ��x�4r�°a�rti�„ r . , ,� � . , . , � • � • s � � . «w » . « � � . :: � � :« �_, � . � :.,� . , � w , . � . , . . w . , � . . , � �, � .. � , � . �;, +w ... » � ° ��;-• - ��s ��:w„• .� r ►�� •.w�«.� .w �« a�: . ' i ' . C�. . 4:. . 3 ' �d. :�. N F ,. .,� .a C� �1� � �;C � NY � M �4 � #� i�. d�Yi 11,Y11C��V,�Y�F3r� 3�C1'KW*^�:'d�'t""�G�.�:�P�A'��Yih�' 4YLIR�'^�18�� .i'�"+�i �'��`M�""l�IB'� �kti '�il� �1��, r �"�� 4t'14� ��1V+Bk M'f1�$"��""�� '�'+�N ��i" �"i'4aP�Ck�"�I'—'�"�,�J'B ��k''i7��'�"r ��+�� i�r��r�� .� 1��r� r��l� a�� a�ti� ��h�r �mirumr��a� �a� �wc�ar�+ ai��r��tc�r� i� a�md �rwt��r� t1�� lhe�^�ira ��csa��w� ��;�� a��ra� ir� �,rw�1��r�t �."k"V�TfI ��Y1�"�C� ��FC' �til1M�� {i ��1,,�L1�, �, $EkY"�;iC:�:w "�`�N��3�'+�'�a 9��i4"�'i&3d� ��`k"'�:�, �iw ��; � �� i�d A1�rS � �4, ��t��' r�a�+��ardt�c� i'� �"��ta�n� 1��1� �u��+� �� w�" �i�� I�� '�C�s+�e�r�� w�:� ��+�� ur�1��«, T�x��, "�i�� d, '�n�a�+�+�� has not been investigated subeequent to the date of the aforesaid inatrument. 28. Blanket EaBe�a�r��s and Ri�l�ts o� ��,y to S,��,�iar Re��ning Cr��.ra�, recorded in �a�lvm� 3�d�, �+a��e 28'�, Volume �41, �?age �86 and V'c�lum� 342 � Page ��. ,a�` °�lae p�ed ��c�rrds o�" ��n�an �ountY � °��a��. Aseigned to dA�tt�d P��e �ine G�n�pany� ��l�raar� oorpo��t�:�s°�� racorded in ��s�� 3��8, i�age �l� of th� ;��d d�ecdrds of ��+��n County. Texae. Approximate location af an exisbing line ehown on survey prepared by Hammett & Naah� Inc., dated January 6� 1994. 29. Ea��m��m� an� Right of Way fr�aam Capital Syndi,��ti�a�� m�s��y In�r�c�t;�ti+�nte M��B and q78, ea�r�u a��,mited Part�ereh�,�a t� ��,��i +��e Pi;�l��n�a Cor��ration, datec� Au�raeo� 14, 1973� fi�ed ��g��r��e� d�, ]9'7�, a��cord�� in Volume 6�A�, �'a�,�� 619 of the ��wed "��a��ds �af Dallas County, Texaa. Shown on eurvey pregared by Hammett & Naeh� I nc .. C1AtRC1 JanuRry 8, 1994 . 30. �a�sement and Ri,��t af Way fro�, Kerl F. Young ��w the City of ��nton. dated ��ptember 2, i^��0, filed Septemn�er 2, 1980, r��aorded in Volur�s� �033. Page 8��; of the Aeed Recs�rds of Aentoa County, Texas. Shown an survey prepared by Hammett & Nash� Ino., datad January 6. ]994. 37, Insrees and egrsae easement and the right to use well water r��r��e�� in i�st�M�ment �'r�m A1�x Dia�ki�m ��., et al t,d Oood & A�c��a±��rs. �',nc. � Trusti��. ��te�# Nowr�t�b,�y� �q. 1971, Piled D��s�r�l�er 13� �971, record�� in �ol�am� ��, F'a�e� Til of ��e Deed Reacz��de c�f �enbcw� Coun�;y^', T��r,�a. �ot�r� c��a ��rvey preg��rad by H�r,��tt �a Na�'�, Tnc. � da��+d� Jan�ar�« �, 1��. EXHIBIT E TO TRANSMISSION LINE RELOCATION 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: YOU SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY ACCESS AND +�°+��i��.��"7��.� ��'°NI�'.1�F� THE STATE OF TEXAS, . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Medanjo Partners, Ltd., a Texas limited partnership ("Grantor") in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by the City Of Denton, a Texas home-rule municipal corporation ("Grantee"), receipt of which is acknowledged, does grant, bargain, sell and convey unto the City of Denton, Texas, a temporary access and construction easement in, along, upon, over, under, and across a tract of property owned by Grantor, situated in Denton County, Texas, and more particularly described in the Cash Special Warranty Deed attached hereto as Exhibit "A" and made a part hereof (the "TCE Property"), for a period not to exceed thirty (30) months for the relocation and construction of certain public electrical utility improvements along Mayhill Road. In the event the surface of any easement area is disturbed by Grantee's exercise of any of its rights under this easement, such area shall be restored to the condition in which it existed at the commencement of such activities. It is agreed that as of the date of this Easement Agreement, there are no fences, signage, buildings, vegetation, trees, or other obstructions found upon the TCE Property, and Grantor shall not install any fences, signage, buildings, vegetation, trees, or other obstructions on the TCE Property during the Term. If during the Term, Grantor does install any fences, signage, buildings, Page 1 of 2— Temporary Access and Construction Easement vegetation, trees, or other obstructions on the TCE Property, Grantee shall have the right to remove such fences, signage, buildings, vegetation, trees, or other obstructions without paying any additional compensation to Grantor. This temporary construction easement shall expire on the earlier to occur of: (1) the completion of the relocation of the public electrical utility improvements; or (2) thirty (30) months after the Effective Date hereof. TO HAVE AND TO HOLD unto Grantee for the purposes aforesaid the premises above described. This temporary construction easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns, subject to the terms of expiration herein provided. Witness my hand to be effective this day of �mmmm�„ 2017 ("Effective Date"). GRANTOR: MEDANJO PARTNERS, LTD. A Texas Limited Partnership I� Prmted Name: Its: Page 2 of 2— Temporary Access and Construction Easement STATE OF TEXAS § § COUNTY OF § This instrument was acknowledged before me, a Notary Public, on the day of _.....��_� 2017, by , the _� ._ .��. .�. .....� __....... of . ........_...._.. _ Medanjo Partners, Ltd., in the capacity herein stated, on behalf of the company. Notary Public After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson Page 3 of 2— Temporary Access and Construction Easement ��1'1t��" ��A�� Cash Special Warranty Deed, Recorded as Document Number 2015-764 in the Real Properiy Records of Denton County, Texas, attached hereto. Exhibit "A" — Temporary Access and Construction Easement Doc-764 NOTICE OF CONFI��I��C�ALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF '�� FOLL�'4��G INFORMATYON FROM ANY INSTRUMENT '��" TRANSFERS AN ��'"EREST IN REAt PROPERTY BEFORE IT IS FILED FOR RECORD YN '"�"`��E �'�LIC RECORDS: YOUR SOCIAL SECU�*�'' NUMBER OR YOUR DRIVER'S LICENSE NUMBER. CASH SPECIAL WARRANTY DEED Date: December �, 2014 Grantor: Terrano Rea�ty, Inc., a Texas corporation, successor by merger to Staff Realty, Inc. � Graator's Mailing Address: 1303 Campbell Road Houston, Texas 77, O55 Grantee: Medanjo Partners, Ltd., a Texas limited partnership Grantee's Mailing Address: 1303 Campbell Road Houston, Texas 77055 Consideration: TEN AND N0/104 DOLLARS and other good and valuable cash consideration paid by Grantee to Grantee, receipt and sufficiency of which is hereby acknowledged and confessed. Property {including any improvements) (the "Property"}: Being a 73 acres tract of land and 1 acre tract of land situated in the M.L. Austin Survey, Abstract No. 4, Denton County, Texas, out of that certain tract or parcel of land that is in the M. L. Austin Survey, Abstract No. 4, the E. Morris Survey, Abstract No. 868 and the M.E.P & P.R.R. Co. Survey, Abstract No. 1475, Denton County, Texas, being a portion of a certain (called) 324.6073 acre tract in Substitute Trustes's Deed to Amwest Savings Association recorded in volume 2831, �"�� 840, Real Properiy Records, Denton County, Texas, and all of a certain (called) 21.6788 acre tract in Substitute Trustee's Deed to Amwesf Savings Association re�orded in Volume 2831, Page 846, Real Property Records, Denton County, Texas, and being more fully described particularly described by a metes and bounds on Exhibit "A" attached hereto and made a part hereof (the "Land"), together with all buildings, improvements and fixtures thereon (the "Ymprovements") and all appurtenances thereto (the Land and Improvements hereinafter called the "Property"), together with all of Grantor's right, title and interest in and to all adjacent and interior streets, alleys, rights-of-way, easements and any strips or gores adjoining or adjacent to the said Land and any land lying in the bed of any street or Doc-764 avenue, open or proposed, in front of or adjoining the Land, and any award to be made in lieu thereof, and any unpaid award for damage to the Land or Improvements by reason of a change of grade of any street or avenue. This conveyance also includes all buildings, improvements and fixtures on the Property, and (a) all rights, privileges and appurtenances pertaining to the property, including without limitation, all minerals, utilities serving the property, claims and permits, easements, and all ri$ht, title and intcrest of Grantor in and to (i) any and a!1 roads, streets, alleys, and ways (open or proposed) affecting, crossing, frontin� or bounding the said Land, (ii) any and all strips, gores or pieces of property abutting, 6ounding or which are adjacent or contiguous to the said Land, and (iii) all reversionary interests, if any, in and to the said Land, (b) all land and property adjacent to the Land claimed by Grantor, and (c) all benefits and privileges relating to the Properiy. Ad valorem taxes with respect to the Premises for the current year have been prorated as of the date hereof between Crrantor and Grantee, and Grantee assumes payment thereof. (3rantor, for the consideration, receipt of which is acknowledged, g7ants, sells and conveys to Grantee the Properly, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold the above described Property together with all and singular the rights and appurtenances thereto in anywise belonging and all right, tit18 and interest of Grantor in and to adjacent streets, alieys, rights-of-way and easements and all land and property adjacent to the Land claimed by Grantor, to Grantee, Grantee=s heirs, executors, administrators, successors and assigns forever. Grantor binds Grantor and Crrantor's heirs, executors, administrators and successors to warrant and forever defend all and singular the Property to Qrantee and Grantee's heirs, executors, administrators, successors and assigns against every person whomscever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and prono�ans include the plural. CrRANTOR: � Temano �� w� Ir�� a , B � y. e � '"�?'illiam W. Nicholson, Vice President � � ACKNOW�]�I�GMENT STATE OF�"� �P�"�119�r•� � � courrrx oF I�E�� f' � This instrument was acknowledged before me on December ,.(�, 20��, k�y� i,�i��i,�p�=�"��k�,d'.��k�:�°' Nicholson, Vice President of Terrano ReaIty, Inc., a Texas corporation, �� " ��"�:��u�� t� �, ..�.��..��.,_— W._�:_ � � � . m LINDA LEBLANC � Notary Publlc - Mlchf9ae � � � M w��ntcounty ��y Public, �t� ��`�xas '�c 4i ��q a" y Commiss�arw ExDires lw� 6, ��15 J ��Mn� tn the �as�r��w o� � .��! 2 � � Doc-764 EXHIBIT A PART 1 PROPE�'"�" DESCRIPiION �"��4"�� OF �'� � § COUNTY OF DENTON § BEING a tract oi land situated in the M.L. AUSTIN SURVEY, ABSTRACT N0.1214, in the City of Denton� Denton County, Texas� and being a portion of the same tract of land as described in deed to Staff Realty, Inc., recorded in County Clerk's Instrument No. 94- 0006845, Official Public Records� Denton County, Texas� and being more particularly described as follows: BEGINNING at a 5/8-inch lron pipe found for comer on the Westerly right-of-way of South Loop 288� a variable width right-of-way, said point being the Southeast corner of said Staff Realty tract; THENCE North 88 deg 00 min 31 sec West, departing the Westerly right-of-way of said South Loop 288 and the most Southerly line of said Staff Realty tract� a dfstance of 994.90 feet to a 5/8-inch iron rod found for comer; THENCE North 87 deg 54 min 08 sec West, continufng along the most Southerly llne of said Staff Realty tract, a distance of 570.78 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I " set for corner, said point being the most Southeasterly comer of a tract of land described in Street Right-of-Way Deed (Brinker Road at this point} to the City of Denton as recorded in County Clerk's Instrument No. 2008-21943, Official Public Records� Denton County, Texas; THENCE departfng the most Southerly line of said Staff Re�lty tract, along the Easterly right-of-way of said Brinker Road� a variable width right-of-way, the following courses and distances: North 02 deg 01 min 37 sec West, a distance of 1,303.52 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I " set for corner; South 87 deg 55 min 08 sec West, a distance of 21.23 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I." set for comer; ' North 02 deg 04 min 52 sec West, a dlstance of 308.70 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I " set for corner at the Southeriy end of a comer clip at the intersection of the East right-of-way of said Brinker Road wlth the Southerly rlght-of-way of Shady Oaks Boulevard, a variable width right-of-way as described in said Street Right-of-Way Deed; Doc-764 North 32 deg 38 min 59 sec East, a distance of 61.48 feet to a 1/2-inch iron rod with a red plastic cap stamped "W,A.I " set for comer at the Northerly end of said comer clip; THENCE a{ong the Southerly right-of-way of said Shady Oaks Boulevard, the following courses and distances: North 82 deg 55 min 08 sec East, a distance of 33T.62 feet to a 1/2-inch iron rod with a red plastic cap stamped NW.A.I " set for comer, said point being the begfnning of a curve to the left having a radius of 1�055.00 feet, a central angle of 20 deg 40 min 27 sec, chord bearing of North 72 deg 34 min 53 sec East, and a chord length of 378.62; Along said curve to the left� an arc distance of 380.68 feet to a 1/2-inch iron rod with a red plastic cap stamped uW.A.I " set for comer, South 27 deg 45 min 20 sec East, a distance of 20.00 feet to a 1/2-inch iron rod with a red plasUc cap stamped "W.A.I." set for comer� said point being the beginning of a non-tangent curve to the left having a radius of 1�075.00 feet, a central angle of 03 deg and a chord length of 59.12 feet; Along said curve to the non-tangent curve to the left, an arc distance of 59.13 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.1 " set for ccmer, North 59 deg 05 min 34 sec East, a distance of 319.62 feet to the beginning of a curve to the right having a radius of 825.00 feet, a central angle of 07 deg 58 min 55 sec� a chord bearing of North 63 deg 05 min 01 sec East, and a chord length of 114.84 feet; Along said curve to the right� an arc distance of 114.93 feet to a 1/2•inch iron rod with a red plastic cap stamped "W.A.I." set for comer; North 22 deg 55 min 33 sec West, a distance of 20.00 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I." set for corner� said point being the ��ir�ning of a non-�r��ent ��rw� t� #�� i�h# M��i�� r��ius of ��,�� feet, a ��wtr�l' angie of 27 �� 38 r�ir� �� +�� w ��w�rc� I��r�rw� ca�' North �� dl�� 53 min 40 sec East, and a chord length of 403.70 feet; Along said non-tangent curve to the right� an arc distance of 407.64 feet to a 1/2- inch iron rod with a red plastic cap stamped °W.A.1." set for comer; South 85 deg 17 min 08 sec East, a dlstance of 145.81 feet to a 1/2-inch iron rod wlth a red plastic cap stamped "W.A.I." set for comer at the Northerly end of a comer clip at the intersection of the Southerly right-of-way of said Shady Oaks Boulevard with the Westerfy right-of way of said South Loop 288; Doc-764 South 40 deg 1 T min 08 sec East, along said comer clip, a distance of 24.76 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I ".set for comer on the Westerly right-0f-way of said South Loop 288 and the Easterly line of said Staff Realty tract, said point befng the Southerly end of said comer clip; THENCE along the Westerly right-of-way of said South L.00p 288 and the Easterly line of said Staff Realty tract, the following courses and distances: South 01 deg 57 min 03 sec West, a distance of 490.66 feet to a 1/2-inch iron rod found for comer South 0'i deg 15 min 52 sec West� a distance of 376.89 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I " set for comer; South 00 deg 55 min 59 sec West, a distance of 460.72 feet to a 1/2•inch iron rod with a red plastic cap stamped "W.A.I ° set for comer; South 01 deg 25 min 37 sec West, continuing along the Westerly right-of-way of said South Loop 288 and the Easterly line of said Staff Realty tract� a distance of 467.35 feet to the beginning of a curve to the right having a radius of 2805.59 feet, a central angle of 07 deg 18 min 46 sec, a chord bearing of South 05 deg 05 min 09 sec West, and a chord length of 357.85 feet; THENCE continuing along the Westeriy rlght of-way of said South Loop 288 and the Easterly Ilne of said Staff Realty tract, an arc distance of 358.09 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 72.761 acres or 3,169�477 square feet of land, mare or less. . Bearings showr� ��r�� r� �� m��w an or��t�ti��r�uar�� Survey �er��r�+�d in t�a+� ��Id on the 8th day �� rr��°, ��, �at,l�iz�ng a �.1�:�. ��urement �NA�C� �� 9ri�� r�e the GeoShack VRS Network. Doc-764 EXHI'BIT A PART 2 PROPERTY DESCRNI�1"tON (Tract 2) STATE OF TEXAS § COUNTY OF DENTON § 6EING a tract of land situated in the M.L. AUSTIN SURVEY� ABSTRACT N0. 1214, in the City of Denton, Denton County, Texas� and being a portion of the same tract of land as described in deed to Staff Realty� Inc., recorded in County Clerk's Instrument No. 94-0006845. Official Public Records� Denton County, Texas, and being more particutarly described as follows: BEGINNING at a 1/2-inch iron rod with a red plastic cap stamped "W.A.I " set for comer on the Westerly right-of-way of S+��t� �� a a va�i,�bl� �w�� rl��t-�i way, said point being the Southeast corr��r �f ��r,�+�� f land ��rib�d �r� r�� i�a� Leslee Ann Hitt as recorded in County Clerk's lnstrument No. 99-0122248, Officia) Public Records� Denton County, Texas; THENCE S��w 00 deg 23 min 4� �� 1�l�st, ��rwg the "��rp� ��f �r�� i said South '��w� 288 and the E��t�rN� lirw� of ��+� Staff F��I�y �r��t, ��n �f 91.44 feet to a 1/2-inch iron rod with a red plastic cap stamped "W.A.I." set for a�aam+�r �t �� l�rU�w�� +��d �k � �� cii� �t the i�wt�r��i�� Jh� No�tN��r1� �� w�y� �� a�d� �� r�l��r,��, a v�r��ble �r��w �i�� r��r as ��r�bed in Street Right-of-Way Deed to the City of Denton as recorded in County Clerk's Instrument No. 2008•21943, Official Public Records, Denton County, Texas� with the Westerly right-of-way of South Loop 288; �'�1�� u�th 49 ��+� 42 min �� ''�'V��, ��p��i�u� khe'�p"�sk+�rly ri��w� r�� a�" �� r�� Loop �� and the ��t�� i�w� �� t�'� ��' tract� �N�ar�� i� corner ciip, a distance of 24.07 feet to a 1!2-inch iron rod with a red plastic cap stamped "W.A.I." set on the Northerly rlght-of-way of said Shady Oaks Boulevard; THENCE North 85 deg 17 min 08 sec ��t, al�� a� North�� r��h�-�f�� said Shady Oaks Boulevard, a distance �r� �36.�� to a'i/��i�� i��u rv�� w��r a red plastic cap stamped "W.A.I." set for com�r, said point being t�t�e b��inning of a curve to the left having a radfus of 955.40 ��, a central angl� �f 1�. �:�g 51 min 56 sec� a chord bearing of South 86 deg 46 min 54 sec West� and a chord length of 263.60 feet; THENCE continuing along the Northerly rig��-��-v�� of ��i� �� Oaks Boulevard and said curve to the left, an arc �t��,�r�� of �� f�� to a 1/2-inch iron rod w�th a red plastic cap stamped °W.A.I." set for comer, Doc-T64 THENCE North 01 deg 40 min 27 sec East, departing the Northerly right-of-way of said Shady Oaks Boulevard� over and across said Staff Realty tract, a distance of 122.73 feet to a 1!2-inch iron rod with a red plastic cap stamped "W.A.I " set for comer THENCE South 88 deg 19 min 33 sec East, continufng over and across said Staff Realty tract, passing a 5/8-inch iron rod found for the Southwest comer of said Hitt tract at a distance of 208,80 feet, continuing along the same course and the South line of said Hitt tract� an additional 206.37 feet� a total distance of 415.17 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 1.000 acres or 43,560 square feet of land� more or less. Bearings shown hereon are based upon an on-the-ground Survey performed in the fleld on the Sth day of December, 2014, utilizing a G.P.S. measurement (NAD 83, grid) from the GeoShack VRS Network. Doc-764 **** lectronica�ly Filed Docu ent **** Denton County Juli Luke County Cierk ocument Number: 2015-764 �ecorded As : ERX-WARRANTY DEED Recorded On: �ecorded At: Number of Pages: Record ing Fee: Parties: Recei�w� Number: Processed By: January 05, 2015 11:18:41 am 8 $54.00 Direct- TERRANO REALTY �NC �ndirect� 1239554 Terri Ba�r '"""*��°`**** THlS PAGE IS PART OF THE INSTRUMENT i��"'**�''*'"" My provislon herein which res�icts the Sale, Rental or use of the dascribe� REAL PROPERTY beeause of color or race is invalld arsd unenforoeabls under tederal law. TH8 �TATBlfV 7QRAS) , .��{� � COUNTYOPDBNTON� �� '"..' �� . M timeek� �a� dmdp �hRar� �m�� wrww FILED t� cb,w I�C�a MPwqkw�wr w+u�V�ra�na +wr�.�rr ��PY�.R:a� �Owip*drk �mmw. ewd�'a��rr �� 4iCiCClVpp:6913D 1� 1M CpYJia&rt.& 1Maa;aae�rdr 4af� I�w�Pp+a C��m�Ay`„ "iw�+m�.. Juli Luke ��. ��;,� ��"� '� o�.�. eo,u,. T.�.. EXHIBIT F TO TRANSMISSION LINE RELOCATION 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 DRIVER'S LICENSE NUMBER. PARTIAL RELEASE OF EASEMENT WHEREAS, Terrano Realty, Inc., Medanjo Partners, Ltd., and NW Realty, Inc. (collectively, the "Landowners") have requested the City to partially abandon that certain Easement, dated September 2, 1980, from Karl F. Young to the City of Denton, Texas, recorded at Volume 1033, Page 860 in the Real Property Records of Denton County, Texas (the "Existing Easement"), INSOFAR AND ONLY INSOFAR as said Existing Easement permits the installation, construction, existence, and perpetual maintenance of aerial utilities (the "Abandoned Aerial Utility Rights"); and WHEREAS, staff has reviewed the abandonment request of Landowner and, following the relocation of the existing electrical transmission line, is amenable to abandoning the Existing Easement, INSOFAR AND ONLY INSOFAR as it covers and encumbers the Abandoned Aerial Utility Rights; and WHEREAS, the City will relocate the existing electrical utility transmission line within alternative easements acquired by the City; and WHEREAS, the City is amenable to the abandonment of the Abandoned Aerial Utility Rights to be effective May 30, 2019; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT: The City of Denton, a Texas home-rule municipal corporation, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by City and Landowner, forever partially release and abandon the Existing Easement INSOFAR AND ONLY INSOFAR as it covers the Abandoned Aerial Utility Rights, effective May 30, 2019. Notwithstanding anything to the contrary herein, the City hereby retains and reserves any and all rights to the Existing Easement until May 30, 2019. After May 30, 2019, the City hereby retains and reserves any and all rights it may have in the Existing Easement not abandoned herein, all other easements, and/or rights of way, including without limitation street rights-of- way and utility easements, whether conveyed by other instruments or dedicated or established by plat, in the Property that may cross and/or overlap the Existing Easement area. Executed this www__ m, day of mmmmm _ mm, 2418.. CITY OF DENTON BY� _ ....._„� ��_��, .....�...� TODD HILEMAN, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY I� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY I: Page 2 e"��r��w��,� r�ru��t�i� State of Texas County of Denton This instrument was acknowledged before me on the day of wwwww _, 2018, by Todd Hileman, City Manager, City of Denton, a Texas home rule municipal corporation, on behalf of said municipal corporation. Notary Public Page 3 EXHIBIT G TO TRANMISSION LINE RELOCATION 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 DRIVER'S LICENSE NUMBER. PARTIAL RELEASE OF EASEMENT WHEREAS, Terrano Realty, Inc., Medanjo Partners, Ltd., and NW Realty, Inc. (collectively, the "Landowners") have requested the City to partially abandon that certain Public Utility Easement, dated June 26, 1981, from Mary William Smith, William O. Fox, and Venita Davis to the City of Denton, Texas, recorded at Volume 1085, Page 717 in the Real Property Records of Denton County, Texas (the "Existing Easement"), INSOFAR AND ONLY INSOFAR as said Existing Easement permits the installation, construction, existence, and perpetual maintenance of aerial utilities (the "Abandoned Aerial Utility Rights"); and WHEREAS, staff has reviewed the abandonment request of Landowner and, following the relocation of the existing electrical transmission line, is amenable to abandoning the Existing Easement, INSOFAR AND ONLY INSOFAR as it covers and encumbers the Abandoned Aerial Utility Rights; and WHEREAS, the City will relocate the existing electrical utility transmission line within alternative easements acquired by the City; and WHEREAS, the City is amenable to the abandonment of the Abandoned Aerial Utility Rights to be effective May 30, 2019; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS THAT: The City of Denton, a Texas home-rule municipal corporation, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by City and Landowner, forever partially release and abandon the Existing Easement INSOFAR AND ONLY INSOFAR as it covers the Abandoned Aerial Utility Rights, effective May 30, 2019. Notwithstanding anything to the contrary herein, the City hereby retains and reserves any and all rights to the Existing Easement until May 30, 2019. After May 30, 2019, the City hereby retains and reserves any and all rights it may have in the Existing Easement not abandoned herein, all other easements, and/or rights of way, including without limitation street rights-of- way and utility easements, whether conveyed by other instruments or dedicated or established by plat, in the Property that may cross and/or overlap the Existing Easement area. Executed this , day of , 2018. CITY OF DENTON By: _�._ .........................................� TODD HILEMAN, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY I� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY : •. Page 2 t��1�� State of Texas § County of Denton § This instrument was acknowledged before me on the day of . mmmmmmmmmmmmmmmmmmmm wwwwwwww � 2018, by Todd Hileman, City Manager, City of Denton, a Texas home rule municipal corporation, on behalf of said municipal corporation. Notary Public Page 3 �YI��N(m�m�n�`u�r�' n%uwW P ,. r:: " . . . �„ �; � To reuse, cover or mark through anq previous shipping information. �C�I'�IN ID.P�4��i� (713) 984-8800 V4a16�LE CI Cl�6�I�ES, INC: 1303 CAMPBELL ROAD UNITED S�ATE3 US5 ro MR. LARRY COLLISTER CITY OF DENTON 215 E. MCKINNEY ,, w,� � � �.� �� i �;;� � �� ' �;,,,°i �M°�I� C��`F. �� 1 F! r ��'T11��6: 1 t1f! tl i� �� 1� ��„u�� C��C) iq��7G�d�N; l��w�£�f� ��A� w w�, v�� BILL SENDER DENTON TX 76201 5940) 349-8198 6�� u NV: d�l;N, _ ��7':� g �IIIII�III�I�I�I��I�III�II�I'�IIII�IIIII��I��I�IIII��I� ._._��.... _.. _w w � �� ' � � �b � �� i � wFw�� , r �I w I � � i i r ' ��'� ' � '�" � ' i �{ P �� . TUE -19 JUN 3:OOP �� 7725 0586 2699 STANDARD OVERNIGHT ��a� �_�� 76201 TX.�S DFW Align bottom af peel-and-stick airbill or pouch here.