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WHEREAS, the City of Denton ("City"} is the holder of the right-of-way of East Oak Street; and ' • . . - - -� . -� _ � . .r �♦ ' . � . . � • . •� � � . •, -- : � . � . - # - � �- # ' , . , .� �. . � . - � _ . � � � . ��. . . � . , -• . - t . • � - .r ' • , •� - , � ' � . 1 1 * . - . • - 1 1• , - : ♦ . � - � .•. •� - . • . . � . .. , • . • -- : � . . • • - � • r. • : ''. �.• ' •r � ' ,- ♦ �-• � . * s�:- . :: �'-• ' - � � * I�- � • - .: . • �' _ � ' �' , •- w-• . � •- .� * , . . -� - - • . � •- + # •♦ . -• . . .: . . �. •� ' . . � � , . ., _ _•` - _• - �'-� .��. �#��; -� , �•� ,�� . • . .• . . . • . �. . -. . .� . 1 1 • . . . . � ' 1 1• ' . . . - -�� . - .- .* . . . , .• � • . r � * �.• + r# . • . + . • . - � � *- --�-� � • . - . � WHEREAS, the City has identified the need to acquire land rights out af Warehouser's abutting property tract, specifically (i) a 0.038 acre fee simple tract far the purpose af constructing a ri�ht turn lane on north bound Bell Avenue at the southeast corner of Bell Avenue and McKinney Street; (ii) a 0.005 acre sidewalk and utility easement to the City for the benefit of pending sidewalk ramp/cross-walk and utility improvements at the southeast corner of Bell Avenue and McKinney Street; and (iii} a 0.06 acre temporary pedestrian access easement across .�'�' • �' � w � ' . � �� ' s '� � � ��,.' � � • ! � A� � . ' ! • � � . �' �, � �, • f • , • •+'' • ' �'', 1` �` � • ' ' � ' �' • • �' � . � #' � � •� ; • � . � ' � ' • � �� #� ' #' � . ' � • � ��' - � � • i • � � � . � •' �'1 i � •'• '1; � �! i '� ' . * + � ►• , * � � *,,'� . � . ; . � � ' � � �'�� l � . � _ � ., � .� � �'�,�• i'�� '' �,�' ' ' ' �'� " �. . • ' ., .• / . •* .. . � . . . � . ♦ � .. . . . '�' � � � ' '��• . •;� c' 1 �r#' � s � .;� � � • •� ' # � � � � � # � / , � � i � � / ' # . � . . � . � . � I ' � ! • . . � • � • � , ' �` ♦' . •f• � • • . • • � ; � . • � � — . • w "� � • ' •� ' � " � f,' - �� ♦ ' ' ' • � � ' �; �� . _ � w .. .� �.- .. _ �'�' ! �' .:` � ♦ . i"� " ��• . �, ��. - • � � . #' • ! • � '� r; � . #' � • � ' �r ; � � � � # � t ' � � � � � � .• ! � � " � � � ! ' • '� � . ♦ � .. , • � ! � � " • . � • • � • ` • • '; � * ! ! ' � • . � � ' �' • � � � . # ' # • r � : � •� •. ., � + � � � � . � . , . , •' � . : � � . �� . � � �� ., � � �� . . .; � �• #! '" � .; ' "�' � • '� •' + ��''#w "# t � • '�� - !; � ' •.'.• • . ., . f � • . - � ' # � w �. : .. � • .: � r. �i • r ��. • ... . . � . .. +. I. .. � . � � . . " .. �. . � � *' �'� ' � �` ♦ � # � • f' . • . . 1 ! ! • � � � � ., . � � # . � • � #' � 1 • • � ' ' � , �' .' � ' � ! � � ' ' • � • ' . �; ' • � •'� � �' • ' • • . 1 . � � �� 1 . � � � • SECTION 5. This Ordinance shall become effective immediately upon its passage and approval. � µ e was made by -----_��C, _� �"�""��. /,� l� ----- and seconded The motio � ��°��.��; � � �..:,:.. b n to �� y �� d ��. t��s or ln� , the ordinance was passed and approved by the following vote [ (� - p ]: Aye Nay Abstain Absent Mayor Chris Watts: � Gerard Hudspeth, District 1: � Keely G. Briggs, District 2: w�� _� Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the �lp� day of ��"�� ..�- , 2018. �.,�� "�� CHRIS WATTS, MAYOR ..........................�__ �.,,,,,._�...� ATTEST: JENNIFER WALTERS, � I : SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY � � � ��. �, � � �� BY: � ' � �° � �� " � � d ��,� ... ..� ��.,� �w�. _ ., �� ... ....._..� � �A �■ EX MBNT'"A" attachment to Ord�'nance -(Abandon Tracts) Page 1 of 2 BEL L AVENUE STC ORD�E N: 7127935.42 "X" CUT ��T p• •8■ E: 2388027.80 �� 9 � 039 �. PK NAIL/FND I � Y �S � �� 1LTON AND SPALDING R4ILROAD ADDmON VOL. 0, PG. 335 D.R.D.C.T. 0.039 OF AN ACRE A. CISCO, A-1184 DENTON COUNTY,TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. CISCO SURVEY, ABSTRACT NUMBER 1184, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE RIGHT-OF—WAY OF OAK STREET, AS SHOWN ON THE PLAT OF THE FULTON AND SPALDING RAILROAD ADDITION, AS RECORDED IN VOLUME O, PAGE 335, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,� ��,�a ti'� BEGINNING AT AN "X" CUT SET FOR CORNER AT THE INTERSECTION ��,�+ ,��"^,�,�� OF SAID OAK STREET AND BELL AVENUE AT THE SOUTHWEST "�r� � g; +�"s.'4�� 5� �'r�°w�" CORNER OF A CALLED 1.24 ACRE TRACT OF LAND DESCRIBED IN THE �� "� "� ,�ti�'��" DEED TO WAREHOUSER OF DENTON, LP, AS RECORDED IN ,1� �;,�`�° "�"��x`�" �,� DOCUMENT NUMBER 2003-157481 OF THE REAL PROPERTY RECORDS '��` �,��"� OF DENTON COUNTY, TEXAS; �. ��, . L�FND �.,;s��9 Y�� .. � ��„ , �� 1 P0� �T IN WALL LINE BEARING IW� � DISTANCE �' �� ....��_ �� _._ L1 N 89'48 21 " E 122 OT L2 S 00'48'46" E 15.00" L3 � S 89'48'21 " W 102.13' L4 N 53'27'50" W 25.08' THENCE NORTH 89 DEGREES 48 MINUTES 21 SECONDS EAST, WITH THE NORTH LINE OF SAID OAK STREET AND SOUTH LINE OF SAID WAREHOUSER TRACT, A DISTANCE OF 122.07 FEET TO A PK-NAIL FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID WAREHOUSER TRACT AND THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 1 IN THE DEED TO CARROLL COURT PROPERTIES, LP, AS RECORDED IN DOCUMENT NUMBER 2012-146848 OF SAID REAL PROPERTY RECORDS; THENCE SOUTH 00 DEGREES 48 MINUTES 46 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT IN A POWER POLE FOR CORNER; THENCE SOUTH 89 DEGREES 48 MINUTES 21 SECONDS WEST, A DISTANCE OF 102.13 FEET TO AN "X" CUT FOR CORNER; THENCE NORTH 53 DEGREES 27 MINUTES 50 SECONDS WEST, A DISTANCE OF 25.08 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.039 OF AN ACRE OF LAND, MORE OR LESS. �:�� , � ,,i�� ,� � �,� ° `" �� "�,� �°� � �� a � �r ,ti� �, � �, ��. �;�,� "�°�� w;�� aw "%, �� " ,��'�h� �, �� ,�, �� u.�M�� CERTIFICATION: �y,� �"p� '� ;r �r � ,�.,, �y� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN �`'�''"`'n.� �„ro i} ��,� ,� �"�°�� ACCURATE ON-THE-GROUND SURVEY OF THE PREMISES DEPICTED HEREON '"�,„;;�M;.,�"" � AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. .. n� �� m��IIV ��'m�us�� J.E. THOMPSON II R.P.L.S. No 4857 P � � � ... � 0" 50' 100' I IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY,TEXAS BELL�AVENUE � '� X �' �4J�� ACRE � _� �� .r � d S 00'18'57' E ��.��'� � .� PK NAIL/FND � � PK NAILISET � m.� �o� � �FULTON AND SPALDING RAILROAD ADDfTION VOL. 0, PG. 335 D.R.D.C.T. �.., �� +�' � y �b� �� ,�`�"�4�°"��,�p^,>"�"� „�� . � � � . ...... LJFN� ,,�,N�,9 POINT IN WALL STATE PLANE p COORDS: P� O� p■ N: 7127936.44 E; 2388327.76 LINE I BEARING , DISTANCE L2 S 89' 48' 21 „ ITIT��. . Y�.�.� � E 15.00' .�._.W� ._..m...W W 177.76' L3 N 00'48'46' W' 15.00� L4 N 89'48"21 "' E 177.89' ' Page 2 of 2 0.039 OF AN ACRE A. CISCO, A-1184 DENTON COUNTY, TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. CISCO SURVEY, ABSTRACT NUMBER 1184, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE RIGHT—OF—WAY OF OAK STREET, AS SHOWN ON THE PLAT OF THE FULTON AND SPALDING RAILROAD ADDITION, AS RECORDED IN VOLUME O, PAGE 335, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A WALL OF A BRICK BUILDING FOR CORNER IN THE NORTH LINE OF SAID OAK STREET AND THE WEST LINE OF LOT 1, BLOCK A OF OLD MILL VILLAGE, AN ADDITION TO THE CITY OF DENTON, TEXAS AS SHOWN ON THE PLAT THEREOF RECORDED IN DOCUMENT NUMBER 2013-159 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 1 IN THE DEED TO CARROLL COURT PROPERTIES, LP, AS RECORDED IN DOCUMENT NUMBER 2012-146848 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 18 MINUTES 57 SECONDS EAST, WITH THE WEST LINE OF SAID LOT 1, A DISTANCE OF 15.00 FEET TO A PK—NAIL SET FOR CORNER, FROM WHICH A PK—NAIL FOUND FOR CORNER AT THE SOUTHWEST CORNER OF SAID LOT 1 BEARS SOUTH 00 DEGREES 18 MINUTES 57 SECONDS EAST, A DISTANCE OF 24.97 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 21 SECONDS WEST, A DISTANCE OF 177.76 FEET TO A POINT IN A POWER POLE FOR CORNER; THENCE NORTH 00 DEGREES 48 MINUTES 46 SECONDS WEST, A DISTANCE OF 15.00 FEET TO A PK—NAIL FOUND FOR CORNER IN THE NORTH LINE OF SAID OAK STREET AT THE SOUTHWEST CORNER OF SAID TRACT 1 AND THE SOUTHEAST CORNER OF A CALLED 1.24 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO WAREHOUSER OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2003-157481 OF SAID REAL PROPERTY RECORDS; THENCE NORTH 89 DEGREES 48 MINUTES 21 SECONDS EAST, WITH THE NORTH LINE OF SAID OAK STREET AND THE SOUTH LINE OF SAID TRACT 1, A DISTANCE OF 177.89 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.061 OF AN ACRE OF LAND, MORE OR LESS. �:�.�� .�G �+�' �,w�. � , � �, c � "'�''p � ,�% � �� /"��`" � � r� �, �;o fi � . „�,�v � �:�:� "�"�~�� b� �m,� � � �;,�y ��R" „�.''��,s� � c� �' � CERTIFICATIONm �� "p� � �w �'� ��R�� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN "`'�``'��.� �',� �.,J ��-�^'�'� ACCURATE ON-THE-GROUND SURVEY OF THE PREMISES DEPICTED HEREON "N°�n,,;�" AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. r,,�; ��oQ�� .....� ... ..,�,�,�,.� � � � �"�i �'�^� �u «a� J.E. THOMPSON II R.P.L.S. No 4857 . f �„�,- � � � �� 6, ��i�� ,�ai��NN��(��u��w��i��wiuii�rw�ww��i�� IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS EXHIBIT "B�' attachment to Ordi'nance -(Exchange Tracts) Page 1 of � 0' 20' 40' � � � � � Q J � m J IIIIIII II 0`�/ / / / �%�� CUT FN �/ SfAiE PLANE COORDS: N: 7128038.60 E: 2368026.75 W O � M M y O b N � YS T � ��.� � � � � � � s es•2 — ...w.�.._,�.-, ; ,,y j — _._.,,�..'...,._,�.'.,�. _ �.� t _ � � 5'01'E 136.43' ? i "X ° �UT FND �SIGN � I 1 �.�.--�—,.�—_�. � a�_ ^o_ ...� I V M J � � �a�� , ��"�� ' � �. � � I �� ,�,»��"� o C1".......... ��„� �� '�,� �� '�'�� '�y�� "a�� ' � � ' �� ,� � "�„,, LINE BEARING DISTANCE ' L1 N 00'35 25 W 143.98' _�...... _..�....�. .� L2 N 45'49 59 E 19.33" L3 S 00'35'24 E 90.68' L4 ��S 1 1' 16 38 W I� 68.08" �� coRNER IN THE H. CISCO SURVEY 0.5' SOUTHFAST OF ABSTRACT NO. 1184 PROPERTY LINE CITY OF DENTON DENTON COUNTY, TEXAS 0.038 OF AN ACRE H. SISCO SURVEY, A-1184 CITY OF DENTON DENTON COUNTY,TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. SISCO SURVEY, ABSTRACT NUMBER 1184, DENTON COUNTY, TEXAS, BEING A PART OF A CALLED 1.24 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 IN THE DEED TO WAREHOUSE OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2003-157481 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (HEREINAFTER REFERRED TO AS "TRACT 1"), AND A PART OF A TRACT OF LAND DESCRIBED IN THE DEED TO WAREHOUSE OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2004-5495 OF SAID REAL PROPERTY RECORDS (HEREINAFTER REFERRED TO AS "WAREHOUSER TRACT"), ALSO BEING A PART OF BLOCK 1 OF THE FULTON AND SPALDING ADDITION, AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME O, PAGE 335 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE WEST LINE OF SAID TRACT 1 AND THE EAST LINE OF BELL AVENUE, FROM WHICH THE SOUTHWEST CORNER OF SAID TRACT 1 AND THE INTERSECTION OF BELL AVENUE AND OAK STREET BEARS SOUTH 00 DEGREES 35 MINUTES 01 SECONDS EAST, A DISTANCE OF 103.19 FEET; THENCE NORTH 00 DEGREES 35 MINUTES 01 SECONDS WEST, PASSING EN ROUTE AT A DISTANCE OF 38.59 FEET AN "X" CUT FOUND, AND CONTINUING ON SAID COURSE WITH THE WEST LINES OF SAID TRACT 1 AND SAID WAREHOUSER TRACT, AND THE EAST LINE OF BELL AVENUE, A DISTANCE OF 143.98 FEET TO A POINT FOR CORNER AT THE SOUTHERNMOST NORTHWEST CORNER OF SAID WAREHOUSER TRACT AT THE INTERSECTION OF BELL AVENUE AND MCKINNEY STREET (F.M. 426); THENCE NORTH 45 DEGREES 49 MINUTES 59 SECONDS EAST, WITH THE NORTHWEST LINE OF SAID WAREHOUSER TRACT ALONG SAID INTERSECTION, A DISTANCE OF 19.33 FEET TO A POINT FOR CORNER, FROM WHICH AN "X" CUT FOUND AT THE NORTHEAST CORNER OF SAID WAREHOUSER TRACT BEARS SOUTH 89 DEGREES 25 MINUTES 01 SECONDS EAST, A DISTANCE OF 136.43 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES 24 SECONDS EAST, CROSSING SAID WAREHOUSER TRACT AND SAID TRACT 1 WITH THE EAST LINE OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF 90.68 FEET TO A POINT FOR CORNER; THENCE SOUTH 11 DEGREES 16 MINUTES 38 SECONDS WEST, CROSSING SAID TRACT 1 WITH THE EAST LINE OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF 68.08 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.038 OF AN ACRE OF LAND, MORE OR LESS. NOTE: BEARING BASIS ARE DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL, NAD 83. � �,�" � �, � � � � �� '�� . � �'° �� '�'�� a �«Ra p�"�...�C��h��1�"� � � �� . �,� � �'w � Gw> � "�+� ��'� "' � �. � 6 �� CERTIFICATION: ��`""'��,�,,�,. �,"�A � �",��'�� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON-THE-GROUND SURVEY OF THE PREMISES DEPICTED HEREON AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. �� m � ��o � . J.E. THOMPSON II R.P.L.S. No 4857 Page 2 of 7 IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS � � � Q J � m � �� PARKIN� .� � 0' 10' 20' Page 3 of 7 Y S T(FM ROAD N0. 426) TRAFFIC SIGNAL � � � � � � + � � L�I ��VAULTIGNAL . .��V�i��U�9 . ��.. ��I�mlul �.005 OF AN ACRE LINE BEARING � DISTANCE L1 S��02°15'39" W 9.29' L2 N 88°06'17" W 24.83' �� _____...�. � W L3 N 00°35'24" W 5.46' �� .�... .��.__ L4 N 45'49'59" E 5.51' L5 S 87'44'21 " E m 21.30' � 11.27' 8T44 21 "E 1 � � r STATE PL4NE —� COORDS: N: 7128199.04 E: 2388064.37 � `� �, �a � � Fr Y ; � �.� ,b 4„`�' i� IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS 0.005 OF AN ACRE H. SISCO SURVEY, A-1184 CITY OF DENTON DENTON COUNTY,TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. SISCO SURVEY, ABSTRACT NUMBER 1184, DENTON COUNTY, TEXAS, BEING A PART OF A TRACT OF LAND DESCRIBED IN THE DEED TO WAREHOUSE OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2004-5495 OF SAID REAL PROPERTY RECORDS, ALSO BEING A PART OF BLOCK 1 OF THE FULTON AND SPALDING ADDITION, AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME O, PAGE 335 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE NORTH LINE OF SAID WAREHOUSER TRACT AND THE SOUTH LINE OF MCKINNEY STREET (FM 426) AT THE NORTHEAST CORNER OF THE EASEMENT DESCRIBED HEREIN, FROM WHICH AN "X" CUT AT THE NORTHEAST CORNER OF SAID WAREHOUSER TRACT BEARS SOUTH 87 DEGREES 44 MINUTES 21 SECONDS EAST, A DISTANCE OF 111.27 FEET; THENCE SOUTH 02 DEGREES 15 MINUTES 39 SECONDS WEST, CROSSING SAID WAREHOUSER TRACT, A DISTANCE OF 9.29 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE NORTH 88 DEGREES 06 MINUTES 17 SECONDS WEST, CROSSING SAID WAREHOUSER TRACT, A DISTANCE OF 24.83 FEET TO A POINT FOR CORNER AT THE SOUTHWEST CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE NORTH 00 DEGREES 35 MINUTES 24 SECONDS WEST, CROSSING SAID WAREHOUSER TRACT, A DISTANCE OF 5.46 FEET TO A POINT FOR CORNER IN THE NORTHWEST LINE OF SAID WAREHOUSER TRACT AND THE INTERSECTION OF MCKINNEY STREET AND BELL AVENUE; THENCE NORTH 45 DEGREES 49 MINUTES 59 SECONDS EAST, WITH THE NORTHWEST LINE OF SAID WAREHOUSER TRACT ALONG SAID INTERSECTION, A DISTANCE OF 5.51 FEET TO A POINT FOR CORNER AT THE NORTHERNMOST NORTHWEST CORNER OF SAID WAREHOUSER TRACT: THENCE SOUTH 87 DEGREES 44 MINUTES 21 SECONDS EAST, WITH THE NORTH LINE OF SAID WAREHOUSER TRACT AND THE SOUTH LINE OF SAID MCKINNEY STREET, A DISTANCE OF 21.30 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.005 OF AN ACRE OF LAND, MORE OR LESS. NOTE: BEARING BASIS ARE DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL, NAD 83. �°:`��w ��~ ��` ��. � � �� "a '°�°��°�� ,� � � �. ��ul�:"��.��"��"� ��,� �� ..� � � �°�� "i��'��'""0.'��ti�� CERTIFICATION: ��""�"�� w.�e �.� �"��rr�� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON-THE-GROUND SURVEY OF THE PREMISES DEPICTED HEREON AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ,��o � � w��b� � �ill W � �� _..� ... . m __. J.E. THOMPSON II R.P.L.S. Na 4657 Page 4 of 7 IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS � � �� . �� , �� PK NAIL/F D � OAK STREET � � � Page 5 of 7 Warehouser of Denton Doc No. 2013-159 P.R.D.C.T. �� L7 ��`�`��'��~�� `�� `��'��'�� °""�� , � � , �� . o.� h 4 � �� 4�"'"'�`"�"�y� � wY 5�y� � � �� 'i" y, ,,w,� , ,�{7� „��A«. ..�,��.�� '+"S4� �, .�. , e..d,,,,,, , , , �� ..� , � � � �.. q±�� ~ "C CS �� , � • �k ��- � � �eM1�� ?�"v9��.�"y. a ,m�<� y � � r � r x�;B �q �,�9 I�i N f] ,�r I} �, � ' .�14 ,� M1 � a ;b. Y i�� t�rr` p �+��+t_�, 1.. �� Fr �G� � '�"��` � '�� ' � '� �' �� ;� � ' ch J �.�� '� � °'� I IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS r w Tim Beaty Doc No. 2002-922 P.R.D.C.T, r � 0.060 OF AN ACRE 0 T J MATCHLINE SEE PG 2 0` 30' 60' 0" 30' 60' . e .��, _ _ _ .�.�. . . �� c� �" � �� :� • � � � �. q u�,�� a �� ,,V��a II l f "' N �" l � tup' � �` : -! � �� r � �� ai"; � r� i,Csti`" � � �5.,ff� � � � r N CIRF S i3'�"��""�7'� � 8.36' MATCHLINE SEE PG 1 �.060 OF AN ACRE Tim Beaty Doc No. 2002-922 P.R.D.C.T. � r � ''1,��rv, ,� �+ �� 4'"�� "M�'M�a��,� {� / ��p,�k,�'y,��""t �y'�:Y��M,�"+�":1 M+� L � ��w �� e V�� 4� *'t' � re � ;�, �. W_..�.�.. 1 /2" IRF � �"�— N 89'42'42"E 90.75' �� S�'�,T� �'E.�N�. COORDS: N: 7127556,56 E: 2388344.22 HlCKORY STREET IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS Page 6 of 7 Page 7 of 7 0.600 OF AN ACRE H. SISCO SURVEY, A-1184 CITY OF DENTON DENTON COUNTY, TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. SISCO SURVEY, ABSTRACT NUMBER 1184, DENTON COUNTY, TEXAS, BEING A PART OF LOTS 1 AND 2, BLOCK A, OF OLD MILL VILLAGE ADDITION, AS SHOWN ON THE PLAT THEREOF RECORDED IN DOCUMENT NUMBER 2013-159 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE SOUTH LINE OF SAID LOT 2 AND THE NORTH LINE OF HICKORY STREET, FROM WHICH A 1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID LOT 2 BEARS NORTH 89 DEGREES 42 MINUTES 42 SECONDS EAST, A DISTANCE OF 90.75 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 42 SECONDS WEST, WITH THE SOUTH LINE OF SAID LOT 2 AND THE NORTH LINE OF HICKORY STREET, A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER, FROM WHICH A CAPPED IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID LOT 2 BEARS SOUTH 89 DEGREES 42 MINUTES 42 SECONDS WEST, A DISTANCE OF 8.36 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 08 SECONDS WEST, CROSSING SAID LOT 2, A DISTANCE OF 151.29 FEET TO A POINT FOR CORNER; THENCE NORTH 01 DEGREES 37 MINUTES 44 SECONDS EAST, CROSSING SAID LOT 2, A DISTANCE OF 57.01 FEET TO A POINT FOR CORNER; THENCE NORTH 00 DEGREES 39 MINUTES 40 SECONDS WEST, CROSSING SAID LOT 2, A DISTANCE OF 119.47 FEET TO A POINT FOR CORNER; THENCE SOUTH 89 DEGREES 20 MINUTE 14 SECONDS WEST, A DISTANCE OF 9.57 FEET TO A POINT FOR CORNER IN THE WEST LINE OF SAID LOT 2 AND THE EAST LINE OF OAK STREET; THENCE NORTH 00 DEGREES 18 MINUTES 57 SECONDS WEST, WITH THE EAST LINE OF OAK STREET AND THE WEST LINE OF SAID LOT 2, PASSING EN ROUTE AT A DISTANCE OF 12.32 FEET A PK-NAIL FOUND AT THE NORTHWEST CORNER OF SAID LOT 2 AND THE SOUTHEAST CORNER OF SAID LOT 1, AND CONTINUING ON SAID COURSE A TOTAL DISTANCE OF 38.09 FEET TO A POINT FOR CORNER; THENCE SOUTH 89 DEGREES 58 MINUTES 09 SECONDS EAST, CROSSING SAID LOT 1, A DISTANCE OF 15.99 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 46 MINUTES 31 SECONDS EAST, CROSSING SAID LOT 1 A PART OF THE WAY, AND SAID LOT 2, A DISTANCE OF 43.40 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 17 MINUTES 31 SECONDS EAST, CROSSING SAID LOT 2, A DISTANCE OF 113.97 FEET; THENCE SOUTH 01 DEGREES 42 MINUTES 45 SECONDS WEST, CROSSING SAID LOT 2, A DISTANCE OF 57.63 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 21 MINUTES 33 SECONDS EAST, CROSSING SAID LOT 2, A DISTANCE OF 150.71 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.060 OF AN ACRE OF LAND, MORE OR LESS. NOTE: BEARING BASIS ARE DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL, NAD 83. ,.� ��M, � �"� �q' �� p� � �=,�, f,g q w q'" ��,� N, T� a. A"ry � ��,'A ��.� �" �'� 4�� ,� � �:�. ��„ ��:�� W x �'�� `� .�" �. � ��a�)� � � „> � �ro� �� CERTIFICATION: "�'� ,,,;�, �;i L� �'" , �N,�"�"� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON—THE—GROUND SURVEY OF THE PREMISES DEPICTED HEREON AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ,µd�o „„„� �� VII ��'ho.� ��. J.E. THOMPSON II R.P.L.S. No 4857 IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS Exhibit C • . . �� . . �; . ; . � � � . � � hi��+�� x�� and Abandonment Agreement (the "Agreement") is dated T 's Ij;��i�zr� � -��-M , 2018 between Warehouser of Denton, L.P., a Texas limited partnership ("Warehouser"), Carroll Court Properties, L.P. ("Carroll Court"}, Tim Beaty ("Beaty") and the City of Denton, Texas ("City"}, a Texas home-rule municipality, WITNESSETH: ' � - � - - a - � . . � -. • ��- •- �-� �--• • . - � - • 1- � ' - w r-• �- . �. ��. . • � -. ' ��- '- � • � �- � � - , • . � � _ � . � . . � -, � ��. �- r-r . . . �--• � . � � ' �r- - '' - � �-• •- - •- ! �•.�: '-, � ��- '- � r � �- r � - . . . � . � ��- - , w '' � . . _ - -r . � . -� , � - , r. • � _ . • , . � � �r� • • , •. -- : � . • . . � _ � � , � � - .• * �� . � . . , - � - r- - • - • w. - 11 , . , r , r. � . r' r, •- _ r _ • � . - . 1 !•'' . - , � . • r� �- + •, � _ , •. -- � � . . � • - � , � �. � : ". �.• � r• � r . . - � �-c �- _ � - #' '.�- . :. �--r ' - � • � 1- � � . � _ _ � . _ .* • . . � •. •� _ . . � �- , • - �. . �- �-• - � � . . - � � - . � l--r � . , r- _ � , - , � • , _ r• . . .• . _ • . • .r- . •. _ _* . WHEREAS, the City reviewed the requested abandonment and vacation of the Abandanment Tract(s) and has determined that both the 0.039 acre tract and the 0.061 acre tract are predominantly encumbered with existing structures (a portion of a building, loading docks, and awnings) and are no longer needed for public use; and WHEREAS, the City has identified the need to acquire land rights out of Warehouser's abutting property tract, speciiically (i} a 0.03$ acre fee simple tract for the purpose of constructing a right turn lane on north bound Bell Avenue at the southeast carner of Bell Avenue and McKinney Street; (ii) a 0.005 acre sidewalk and utility easement to the City for the benefit of pending sidewalk ramp/cross-walk and utility improvements at the southeast corner of Bell Avenue and McKinney Street; and (iii) a 0.06 acre temporary pedestrian access easement across Warehouser's and Beaty property tracts to provide unrestricted passage of the public to navigate from the Downtown Denton Transit Center to the pending sidewalk ramp and cross-walk improvements cited above, for a term of ten (10) years, all being referenced herein as the 6LExchange Tracts" and all being more particularly described as Exhibit "A" attachments to (1) that certazn Deed Without Warranty, being Attachment 3, and (2) that certain Sidewalk & Utility Easement, being Attachment 4, and (3} that certain Temporary Pedestrian Access Easement, being Attachment 5, all attached hereto and made a part hereof; and 1 WHEREAS, the City is amenable, upon the terms, provisions and conditions set forth herein, to partially abandon, vacate and convey the Abandonment Tract(s) to Warehouser and Carroll Court in exchange conveyance by Warehouser and Beaty (Beaty only in respect to a portion of the contemplated Temporary Pedestrian Access Easement) to the City of the Exchange Tracts; NOW, THEREFORE, the parties agree as follows: 1. The City shall grant, execute, and deliver to Warehouser that certain Deed Without Warranty to a 0.039 acre tract of land, in the form attached hereto as Attachment "1." 2. The City shall grant, execute, and deliver to Carroll Court that certain Deed Without Warranty to a 0.061 acre tract of land, in the form attached hereto as Attachment "2." 3. Warehouser shall grant, execute, and deliver to the City that certain Deed Without Warranty to a 0.038 acre tract of land, in the form attached hereto as Attachment "3." 4. Warehouser shall grant, execute, and deliver to the City that certain Sidewalk and Utility Easement encumbering a 0.005 acre tract of land, in the form attached hereto as Attachment "4." 5. Warehouser and Beaty shall grant, execute, and deliver to the City that certain Temporary Pedestrian Access Easement encumbering a 0.06 acre tract of land, in the form attached hereto as Attachment "5." 6. The Closing (herein so called) shall occur in the office of the City of Denton Real Estate Division, 216 West Mulberry Street, Denton, Texas 76201, on the date that is 30 days after the Effective Date, unless Warehouser, Carroll Court, Beaty 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. Warehouser, Carroll Court, and Beaty shall convey the Exchange Tracts free and clear of all debts, liens, and encumbrances (the "Encumbrances"). Warehouser, Carroll Court and Beaty shall assist and support satisfaction of all requirements in relation to solicitation of release or subordination of liens and encumbrances and other curative efforts affecting the Exchange Tracts, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City, such shall not be a default hereunder, although Warehouser, Carroll Court and Beaty may otherwise be in default under Section 9, 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 Warehouser, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called); or (ii) terminating this Agreement by notice in writing to Warehouser, in which latter event Warehouser, Carroll Court, Beaty and City shall have no further obligations under this Agreement. 7. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 8. The date on which this Agreement is executed by City shall be the `Bffective Date" of this Agreement. 9. 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: • �/► : Warehouser of Denton, L.P Attention: Tim Beaty P.O. Box 68 Denton, TX 76202 Phone 940-387-3275 Carroll Court Properties, L.P Attention: Tim Beaty 421 East Hickory Denton, TX 76201 Phone 940-387-3275 Tim Beaty P.O. Box 68 Denton, TX 76202 Phone 940-3$7-3275 CITY; City of Denton Todd Hileman 215 East McKinney Street Denton, Texas 76201 City of Denton Trey Lansford, Deputy City Attorney 215 East McKinney Street Denton, Texas 76201 Telecopy: (940) 382-7923 10. 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. 11. 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 �� _ � .Aw��. .,,� 1:�� _��. ,�.._�... � � ;':. ."��`....... ..... _..._ � � � � � � 1 V �;..,1 ��C`� �'�, CITY MANAGER Date: l�lG/Le � � , 2018 ATTEST: JENNIFER WALTERS, CITY SECRETARY �� fl BY .�� "........... �r �'� - 4�� e� Date: �1,Gl4 Z � �� 2018 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY � � � � �..., BY ��, . � ��'� a� ---- - - � .....�_. �, �.., ,,,.,,,.�.�M � Date: ��^. � � � � , 2018 WAREHOUSER: WAREHOUSER OF DENTON, L.P. BY: TNT HOLDINGS, INC., a Texas corporation, its general �.�� _....... � � �.� I $�^� ��"' ��,,��, �� " �..... �.� � ��"��4TY, � ��i�ENT �W Date: �j ` U l � , 2018 CARROLL COURT PROPERTIES, L.P. BY: TNT HOLDINGS, INC., a Texas carporation, its general partner By. ry� ��'�� _� � .., . � r �°�'1� � � l ;�h `��'��" � I��}�� ,'� �I:�ENT �� ,� Date: � "� � � � 201$ , I:' ' ., ...�...,....� ��, � �3 • „,�,�.. :m „� �� , �,... � ,��'!��' "� �._ __ ��TIM �:�I�,�TY � � �.. �� . �mm� �� ,� _� Date � � � � � 2018 "�""�' C' i E T 1 to greement � � � � , , � . • . . �. � • � � , . � �. . . ,�. � � ' � � � �� . � �� . � , ., . , . I',. '','�'',' '; �;. �,�.., �.� , ; . �.� 1 � : - 1 :'_ C ►l : ' �' ` 1 ' 1' ' :' , � 1 1 . ', . 1 ' ��:�:7��Y 11'1 , , , 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 Warehouser of Denton, L.P., a Texas limited partnership (herein called "Grantee"), 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 the real property in Denton County, Texas being particularly depicted and described on Exhibit "A", attached hereto and made a part hereof for all purposes, together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property") in, along, upon, under, over, and across the entirety of the Property, situated in Denton County, Texas, in the Hiram Cisco Survey, Abstract No. 1184. 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. Grantor conveys, without warranty, all improvernents, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title, and interest, of Grantor in and to the Property. 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. EXECUTED t e ay o ...�.....m..�.�.....___.......__.....---- -� 2018. ., �,, �' � • Todd Hileman, City Manager , , . �' J� • f • This instrument is acknowledged before me, on this day af , 2018 by Todd Hileman, City Manager, City of Dentan. � Jennifer Walters, City Secretary APPPROVED AS TO LEGAL FORM; Aaron Leal, City Attorney ; Notary Public in and far State of Texas GRANTEE: WAREHOUSER OF DENTON, L.P. B 1. 11V 1 11oL1111V Vliy ALVC.y � leXaS corporatian, its general partner BY� _.....��...�.��..... Tim Beaty, President 1 '1 THE STATE OF TEXAS COUNTY OF DENTON This instrument is acknawledged before me, an this day of .........................................�.��.............................��..,...........................,nw 201$ by Tim Beaty� president of TNT Holdings, Inc., a Texas corporatian, as general partner of Warehouser Denton, L.P., a Texas limited partnership. , .... --- � ......... Notary Publtc in and far State of Texas ' . ; i � , � • � : � � : � � �, �. � �`�` �■ EXHMIBIT "A" attachment to Deed BELL AVENUE STATE PLANE COORDS 0.039 1� W W � � PK NAIIL/FND I IN: 7127935.42 � X�u cuT �� P. 0. 8■ E: 2388027.80 � _..� �s � ` FULTON AND SPALDING RAII ROAD MDITION VOL. 0, PG 335 U.R.0 C.1". 0.039 OF AN ACRE A. CISCO, A-1184 DENTON COUNTY,TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. CISCO SURVEY, ABSTRACT NUMBER 1184, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE RIGHT-OF-WAY OF OAK STREET, AS SHOWN ON THE PLAT OF THE FULTON AND SPALDING RAILROAD ADDITION, AS RECORDED IN VOLUME O, PAGE 335, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ,�. � �� `� BEGINNING AT AN "X" CUT SET FOR CORNER AT THE INTERSECTION ��'� ,��y� ��,�'� �� OF SAID OAK STREET AND BELL AVENUE AT THE SOUTHWEST w; �'�"�" �� k��` CORNER OF A CALLED 1.24 ACRE TRACT OF LAND DESCRIBED IN THE ��,�^�`�'�� "�"��'��,"s �"��„�� DOCUMOENTANUMBER 2 03O-15D7481 OF THEA EAL PROPERTY RECORDS ,r ��,"��,�t��+"��'` OF DENTON COUNTY, TEXAS; f PK��J�IL�FND ,,,;!%" R*�� l.�a � °, � �� .,. �� ' ��'�� ''�� ` „��,�a"�"�' . � �� .•�. p �r� v�Y�� y ��'� i`"��,'• ,��r'�" �,'�! �� _ ,�, �_..�, ��,�t`— �� d � ��ti�� t �2 �0 ...�. .._.—e'. �.'�4.. m�mLINE � BE,4�RIN�G�mmm��mm � DISTANCE �L1. �� S 00'48 46" E,.��._____�_�5 00`m..'I L2 ITITITIT IT ._�L3_a� _.._�SIT_89'48'21..; W �_.�..�..�. 102.13' I � L4 � N 53'27'50' W 25.08' THENCE NORTH 89 DEGREES 48 MINUTES 21 SECONDS EAST, WITH THE NORTH LINE OF SAID OAK STREET AND SOUTH LINE OF SAID WAREHOUSER TRACT, A DISTANCE OF 122.07 FEET TO A PK—NAIL FOUND FOR CORNER AT THE SOUTHEAST CORNER OF SAID WAREHOUSER TRACT AND THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 1 IN THE DEED TO CARROLL COURT PROPERTIES, LP, AS RECORDED IN DOCUMENT NUMBER 2012-146848 OF SAID REAL PROPERTY RECORDS; THENCE SOUTH 00 DEGREES 48 MINUTES 46 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT IN A POWER POLE FOR CORNER; THENCE SOUTH 89 DEGREES 48 MINUTES 21 SECONDS WEST, A DISTANCE OF 102.13 FEET TO AN "X" CUT FOR CORNER; THENCE NORTH 53 DEGREES 27 MINUTES 50 SECONDS WEST, A DISTANCE OF 25.08 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.039 OF AN ACRE OF LAND, MORE OR LESS. � �� g�� l��,„ ��,��c�� 'b�� . �� „� �, �!�, �"�IC�.��°��1� � ' � � ��-�a �" , � ��;;-� � � �� . � .. ,� � CERTIFICATION: J ��'�� " ^� "� � ��,,,��,� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN �"�s,� �� „ ��'M"'�"'" ACCURATE ON—THE—GROUND SURVEY OF THE PREMISES DEPICTED HEREON �,,,,w�;� � AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. .Mt .�..��ww��o�.��ov�� mm � � � �� o��o�oM�� ..� �m� J.E. THOMPSON II R.P.L.S. No 4857 0" 50' 100' IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY,TEXAS �� -- �, � ; � ° . • �, . � . . .. � . � 1 . � ,� ', �' ' , �' . � ' � � ! 1' � � ';� . •, '. .. � . ,' ., , ,,�� . I� �,, � �. . �� , � . �.�; � ' � . � ; • � • � � � • • ; + 1 � 1 1 ►'!► �, �, � . . . , , , , That City of Denton, Texas, a Texas horne-rule municipal corporation (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the Carroll Court Properties, L.P., a Texas limited partnership (herein called "Grantee"), the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY, without warranty, unto Grantee the real property in Denton County, Texas being particularly depicted and described on Exhibit "A", attached hereto and made a part hereof for all purposes, together with all and singular the improvements and f�xtures thereon and all other rights and appurtenances thereto (collectively, the "Property") in, along, upon, under, over, and across the entirety of the Property, situated in Denton County, Texas, in the Hiram Cisco Survey, Abstract No. 1184. Grantee specifically accepts the Property "AS-IS, WHERE IS, AND WITH ALL FAULTS." Grantor provides no representations or warranties as to the condition or title of the Property and all such representations and/or warranties are specifically disclaimed. Grantor conveys, without warranty, all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title, and interest, of Grantor in and to the Property. TO HAVE AND TO HOLD the Property, without warranty by Grantor, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee and Grantee's successors and assigns forever. EXECUTED the day of ----- ------------------------------------w 2018. 1 '1 i�:i�.�r:v��c��►:w:�.y • • r • Todd Hileman, City Manager This instrument is acknowledged before me, on this day of , 2018 by Todd Hileman, City Manager, City of Dentan. � Jennifer Walters, City Secretary I� APPPROVED AS TO LEGAL FORM: Aaron Leal, City Attorney : Notary Puhlic in and for State af Texas GRANTEE: CL"$i\1\oLL A.oVi�l Fl\OLEi\11E1�y L.F. B%. 11V 1 d1oLL11V V�7y L1VC.y a l eiXa.S corparation, its general partner BY� ..��..__......�� Tim Beaty, President � '1 THE STATE OF TEXAS C�Z�li1-�Y11•L�7�7il��YC��I This instrument is acknowledged before me, on this day of __ � 2018 by Tim Beaty, president of TNT Holdings, Inc., a Texas corporatian, as general partner of Carroll Court Properties, L.P., a Texas limited partnership. Notary Public in and for State af Texas � . � � „ • . � i � �:� i 1 �'�.... 1 i, � " 1 1 : � BEL L �AVENUE � ��" �� ACRE S 00'16'57" E ��.�'�" �PK NAIL/FND � EXHIBIT "A" attachment to Deed o� � ` -�--�� FUI.TON AND SPN_DINC RAILROAD MDI"fION VOL 0, PG. 335 D.R.U.f, l. �� •��.�� "� � "�� ti� �� "� �; �� ' � � �� LdFND 5�..��9 � �� _. ��e �� .._. � � � �� o� 1� .....fi.�r" �, POINT IN �d'��.�. PK NAILISET ""�--•,�. STATE PLANE COORDS; P. �. 8. N: 7127936.44 E: 2388327.76 .mwLINE BEARING DISTANCE L1 S 00'18"57" E 15 00 ��2 . SIT...89'48'2�. �..�W..... 177.76' L3 N 00'48'46" W 15.00 L4 N 89'48"21 `" E�� 177.89'.� 0.039 OF AN ACRE A. CISCO, A-1184 DENTON COUNTY,TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. CISCO SURVEY, ABSTRACT NUMBER 1184, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THE RIGHT-OF-WAY OF OAK STREET, AS SHOWN ON THE PLAT OF THE FULTON AND SPALDING RAILROAD ADDITION, AS RECORDED IN VOLUME O, PAGE 335, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN A WALL OF A BRICK BUILDING FOR CORNER IN THE NORTH LINE OF SAID OAK STREET AND THE WEST LINE OF LOT 1, BLOCK A OF OLD MILL VILLAGE, AN ADDITION TO THE CITY OF DENTON, TEXAS AS SHOWN ON THE PLAT THEREOF RECORDED IN DOCUMENT NUMBER 2013-159 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AT THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED AS TRACT 1 IN THE DEED TO CARROLL COURT PROPERTIES, LP, AS RECORDED IN DOCUMENT NUMBER 2012-146848 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 18 MINUTES 57 SECONDS EAST, WITH THE WEST LINE OF SAID LOT 1, A DISTANCE OF 15.00 FEET TO A PK-NAIL SET FOR CORNER, FROM WHICH A PK-NAIL FOUND FOR CORNER AT THE SOUTHWEST CORNER OF SAID LOT 1 BEARS SOUTH 00 DEGREES 18 MINUTES 57 SECONDS EAST, A DISTANCE OF 24.97 FEET; THENCE SOUTH 89 DEGREES 48 MINUTES 21 SECONDS WEST, A DISTANCE OF 177.76 FEET TO A POINT IN A POWER POLE FOR CORNER; THENCE NORTH 00 DEGREES 48 MINUTES 46 SECONDS WEST, A DISTANCE OF 15.00 FEET TO A PK-NAIL FOUND FOR CORNER IN THE NORTH LINE OF SAID OAK STREET AT THE SOUTHWEST CORNER OF SAID TRACT 1 AND THE SOUTHEAST CORNER OF A CALLED 1.24 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO WAREHOUSER OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2003-157481 OF SAID REAL PROPERTY RECORDS; THENCE NORTH 89 DEGREES 48 MINUTES 21 SECONDS EAST, WITH THE NORTH LINE OF SAID OAK STREET AND THE SOUTH LINE OF SAID TRACT 1, A DISTANCE OF 177.89 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.061 OF AN ACRE OF LAND, MORE OR LESS. � � � �� .�, ;�� r� ��,� p�� ` �� ,�� . � �� :�::� W��-��("�:� � ,�� '��a�°" W��'� �� CERTIFICATION; ��,��°�,W � -�, � � � ��,,��,�� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN �"�� „"a �,.D ��,„�''�"� ACCURATE ON—THE—GROUND SURVEY OF THE PREMISES DEPICTED HEREON �„��''"'" AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE � BEST OF MY KNOWLEDGE AND BELIEF. Tw�� o�o��ow��,„��""��'V'��w��..��n�n��n��A�°��W ��uVivpu��lllllw'��'u'�m��,� � N� J.E. THOMPSON II R.P.L.S. No 4857 �-�. d�.�� _ �`�. � 0" 50' 100' IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY,TEXAS ��: • 1�: _ _ ..... ��:, ��. , . ��.. , . �.. , �� • . �� ,: ��. • � �� . ��. �. . ��. .. � ' ,.. ��... .... :, . .. . ..... / .:. �, .. ... , /.. 1 .. . .... ��:� �.. ♦.. �.., ��. � , ��. ��., , • � �. �� •'.. � �� , : ♦ .� • � � ♦ �. � . � � :� • � � 1 ,.. 1 ' . �.., � � ��. , �. ��.' ��l � ; � . , � ' �. ....... • . ./ � .... ��.., � �. � .. � l... � � ...... , �... .� � ..... , �. �:. ,�. � �, �, � ,.., � , . . That Warehouser of Denton, L.P., a Texas limited partnership (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 City of Denton, Texas, a Texas home- rule municipal corporation (herein called "Grantee"), 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 the real property in Denton County, Texas being particularly depicted and described on Exhibit "A", attached hereto and made a part hereof for all purposes, together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property") in, along, upon, under, over, and across the entirety of the Property, situated in Denton County, Texas, in the Hirarn Cisco Survey, Abstract No. 1184. 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 specif�cally disclaimed. 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. 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. EXECUTED the ay o Y ..................�.��.......................�......... » 2018. GRANTOR: WAREHOUSER OF DENTON, L.P. BY: T'NT HOLDINGS, INC., a Texas corporation, its general partner I� Tim Beaty, President . ► ► � . 1 !!►�I �1►Y Y THE STATE OF TEXAS § § COUNTY OF DENTON § This instrument is acknowledged before me, on this day of .......................................................................................................................................................................� 2018 by Tim Beaty, president of TNT Holdings, Inc., a Texas corporation, as general partner of Warehouser Denton, L.P., a Texas limited partnership. � 'I1 THE STATE OF TEXAS § § COUNTY OF DENTON § Notary Public in and for State of Texas GRANTEE: CITY OF DENTON : Todd Hileman, City Manager 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 af Texas ATTEST: Jennifer Walters, City Secretary : APPPROVED AS TO LEGAL FORM: Aaron Leal, City Attorney I� Upon Filing Return To: City of Denton Development Services Annex 216 West Mulberry Street Denton, Texas 76201 Attn: Paul Williamson Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 0" 20' 40' µ..___ � I � , � �; Q J � W m T J �/ � �" � "X" CUT �`C �/ STATE PUWE COORDS: N: 7128038.60 E: 2388026.75 W O � � M � O N EXH�B�T "A" attachment to Deed � r srR r �_ .� _ �.�� . _ ,_� ra �� .�` .�� : i r� �- �-�-�—� _ � � "" � S 89'25'01"E 136.43' �f� �X� ��• �;�� D4 1 �SIGN � � t^�t u �--� n aT. �.,�,:u M J �.038 OF AN ACRE � �� . �� "�� t �� , �'�� w�y �y,,¢S ,F'� p4W ti , � ��y � �� S�� . �� I �•��;,�� , �� , .,.�l�..w..,� .�, .� .�.�.. ,.....�. ..� _ _� �.. � � 6 ( , ,, I �.� � , , � �, � a. �o, � r, w„ ., w m e.,,.. _ . .. „w .� ...�. . , _ .. ..,. w.�P, � ..,, _ �..... t a, � k' , ~-� �_.. �� ... ,e, �,,,. �e.� ��.��, . e, a �� l �,��"�`'�� " ��e � �'� l��r�" "�"�R��'`` �p."'�"�. ��`' ��.^,��. "�c� ' � �a' � �,��,�� ,. � _.._ ...................... LINE BEARING DISTANCE L1 N 00'35 25' W 143.98` ��. .._ . .... L2 N 45'4� 19.33 L3 S 00'35 24� E 90.58 � , �.w �� ..w _ ....... .............._...... L4 S 11'16`38 W 68.08' ��u�a.�o�� coRNER IN THE H. CISCO SURVEY 0.5' SOUTHEAST OF ABSTRACT NO. 1184 PROPERTY UNE CITY OF DENTON DENTON COUNTY,TEXAS 0.038 OF AN ACRE H. SISCO SURVEY, A-1184 CITY OF DENTON DENTON COUNTY,TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. SISCO SURVEY, ABSTRACT NUMBER 1184, DENTON COUNTY, TEXAS, BEING A PART OF A CALLED 1.24 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 IN THE DEED TO WAREHOUSE OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2003-157481 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (HEREINAFTER REFERRED TO AS "TRACT 1"), AND A PART OF A TRACT OF LAND DESCRIBED IN THE DEED TO WAREHOUSE OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2004-5495 OF SAID REAL PROPERTY RECORDS (HEREINAFTER REFERRED TO AS "WAREHOUSER TRACT"), ALSO BEING A PART OF BLOCK 1 OF THE FULTON AND SPALDING ADDITION, AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME O, PAGE 335 OF THE PLAT RECORDS OF DENTON COUNIY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE WEST LINE OF SAID TRACT 1 AND THE EAST LINE OF BELL AVENUE, FROM WHICH THE SOUTHWEST CORNER OF SAID TRACT 1 AND THE INTERSECTION OF BELL AVENUE AND OAK STREET BEARS SOUTH 00 DEGREES 35 MINUTES 01 SECONDS EAST, A DISTANCE OF 103.19 FEET; THENCE NORTH 00 DEGREES 35 MINUTES 01 SECONDS WEST, PASSING EN ROUTE AT A DISTANCE OF 38.59 FEET AN "X" CUT FOUND, AND CONTINUING ON SAID COURSE WITH THE WEST LINES OF SAID TRACT 1 AND SAID WAREHOUSER TRACT, AND THE EAST LINE OF BELL AVENUE, A DISTANCE OF 143.98 FEET TO A POINT FOR CORNER AT THE SOUTHERNMOST NORTHWEST CORNER OF SAID WAREHOUSER TRACT AT THE INTERSECTION OF BELL AVENUE AND MCKINNEY STREET (F.M. 426); THENCE NORTH 45 DEGREES 49 MINUTES 59 SECONDS EAST, WITH THE NORTHWEST LINE OF SAID WAREHOUSER TRACT ALONG SAID INTERSECTION, A DISTANCE OF 19.33 FEET TO A POINT FOR CORNER, FROM WHICH AN "X" CUT FOUND AT THE NORTHEAST CORNER OF SAID WAREHOUSER TRACT BEARS SOUTH 89 DEGREES 25 MINUTES 01 SECONDS EAST, A DISTANCE OF 136.43 FEET; THENCE SOUTH 00 DEGREES 35 MINUTES 24 SECONDS EAST, CROSSING SAID WAREHOUSER TRACT AND SAID TRACT 1 WITH THE EAST LINE OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF 90.68 FEET TO A POINT FOR CORNER; THENCE SOUTH 11 DEGREES 16 MINUTES 38 SECONDS WEST, CROSSING SAID TRACT 1 WITH THE EAST LINE OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF 68.08 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.038 OF AN ACRE OF LAND, MORE OR LESS. NOTE: BEARING BASIS ARE DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL, NAD 83. r "� � �° � tl � �, � .�i � �^�„�" � Cm a � � � �rv'� .�� , ��.� � � �� , � ��.d,,. ��.d..,.�A�F.„"4��.. � "�� ;':a°7 ��',r� '�� d°' �: �, w �P� �� CERTIFICATION: �'�,�, � �l„G � �'�� _.� .............�... I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON-THE-GROUND SURVEY OF THE PREMISES DEPICTED HEREON AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF., �� °9ii�im�illK�� ill��"��oi��.�� J.E. THOMPSON II R.P.L.S. No 4857 IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS ATTACH ENT 4 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. SIDEWALK and UTILITY EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Warehouser of Denton, L.P., a Texas limited partnership (hereinafter referred to as "Grantor") in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, a Texas home-rule municipal corporation (hereinafter referred to as "Grantee"), the receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the public passage in, along, upon and across the following described property, owned by it, and situated in Denton County, Texas, in the Hiram Cisco Survey, Abstract No. 1184, (the "Property"), to wit: EASEMENT AREA ("PROPERTY") DESCRIBED AND DEPICTED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF And it is further agreed that the Grantee in consideration of the benefts above set out, will remove from the Property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining sidewalk and utilities in, along, upon and across said premises, with the right and privilege at all times of the Grantee herein, or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said Property for the purpose of making additions to, improvements on and repairs to said sidewalk and utility facilities or any part thereof. Furthermore, for the purposes of this grant, the term "utilities" also includes traffic control devices and any related appurtenances thereto. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the Property above described. Witness its hand this the day of.----------- ..................._.._................�...........__.............. .� 201$. GRANTOR: WAREHOUSER OF DENTON, L.P. BY: T'NT HOLDINGS, INC., a Texas corporation, its general partner : �` 1 THE STATE OF TEXAS § § COUNTY OF DENTON § Tim Beaty, President This instrument is acknowledged before me, on this day of . .. ... � �� g ��........ � 2018 by Tim Beaty, president of TNT Holdings, Inc., a Texas corporation, as eneral partner of Warehouser Denton, L.P., a Texas limited partnership. Notary Public in and for State of Texas Upon Filing Return To: City of Denton Development Services Annex 216 West Mulberry Street Denton, Texas 76201 Attn: Paul Williamson DG EXH�BMT "A" attachment to Easement �' �� '� ��M � r W '' � oou ... � uoi�wim000000�mmioioinuom �� PARKING STOPS � r s r� R �uo� 42s� TRAFFIC SIGNAL • � • �. D4 � p� L2 TRAFVI ULIGNAL uuumwi . .. .. �� mirwwruuiuiNimioououooiouuiuio -��,005 OF AN ACRE LINE BEARING DISTANCE I _._ _..�_� ___� L1 S 02' 15"39" W � g,2g' ' �____� � . L2 N 88'06" 17`� W 24.83' L3 N 00°35'24" W 5.46'� L4 ' N 45'49'59" E 5.51' �5.�IT. S 87'44,2-�"ITITITE__ _._.�._._._��IT_.21.30' S 8T44'21 "E 111.27' r SfATE PLANE —1 COORDS: N: 7128199.04 E: 23B6064.37 r �' �� ` (` � � � ��, ,, �a � : � � � ,. }1' j,4 �- IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS 0.005 OF AN ACRE H. SISCO SURVEY, A-1184 CITY OF DENTON DENTON COUNTY, TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. SISCO SURVEY, ABSTRACT NUMBER 1184, DENTON COUNTY, TEXAS, BEING A PART OF A TRACT OF LAND DESCRIBED IN THE DEED TO WAREHOUSE OF DENTON, LP, AS RECORDED IN DOCUMENT NUMBER 2004-5495 OF SAID REAL PROPERTY RECORDS, ALSO BEING A PART OF BLOCK 1 OF THE FULTON AND SPALDING ADDITION, AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME O, PAGE 335 OF THE PLAT RECORDS OF DENTON COUNTY. TEXAS. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE NORTH LINE OF SAID WAREHOUSER TRACT AND THE SOUTH LINE OF MCKINNEY STREET (FM 426) AT THE NORTHEAST CORNER OF THE EASEMENT DESCRIBED HEREIN, FROM WHICH AN "X" CUT AT THE NORTHEAST CORNER OF SAID WAREHOUSER TRACT BEARS SOUTH 87 DEGREES 44 MINUTES 21 SECONDS EAST, A DISTANCE OF 111.27 FEET; THENCE SOUTH 02 DEGREES 15 MINUTES 39 SECONDS WEST, CROSSING SAID WAREHOUSER TRACT, A DISTANCE OF 9.29 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE NORTH 88 DEGREES 06 MINUTES 17 SECONDS WEST, CROSSING SAID WAREHOUSER TRACT, A DISTANCE OF 24.83 FEET TO A POINT FOR CORNER AT THE SOUTHWEST CORNER OF THE EASEMENT DESCRIBED HEREIN; THENCE NORTH 00 DEGREES 35 MINUTES 24 SECONDS WEST, CROSSING SAID WAREHOUSER TRACT, A DISTANCE OF 5.46 FEET TO A POINT FOR CORNER IN THE NORTHWEST LINE OF SAID WAREHOUSER TRACT AND THE INTERSECTION OF MCKINNEY STREET AND BELL AVENUE; THENCE NORTH 45 DEGREES 49 MINUTES 59 SECONDS EAST, WITH THE NORTHWEST LINE OF SAID WAREHOUSER TRACT ALONG SAID INTERSECTION, A DISTANCE OF 5.51 FEET TO A POINT FOR CORNER AT THE NORTHERNMOST NORTHWEST CORNER OF SAID WAREHOUSER TRACT; THENCE SOUTH 87 DEGREES 44 MINUTES 21 SECONDS EAST, WITH THE NORTH LINE OF SAID WAREHOUSER TRACT AND THE SOUTH LINE OF SAID MCKINNEY STREET, A DISTANCE OF 21.30 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.005 OF AN ACRE OF LAND, MORE OR LESS. NOTE: BEARING BASIS ARE DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL, NAD 83. �;� � �'�&. �"� ��, �� • �� . �°�k. ��-��ii� � �� , �� X�� .� �� :n. � � �`� �,��'�� CERTIFICATION: �u.�,, �'* Q.D �'� '� I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON-THE-GROUND SURVEY OF THE PREMISES DEPICTED HEREON AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. �� ,��mi�� 'o�o�� J,E. THOMPSON II R.P.L.S. No 4857 IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS ��: 1 • ��. • ' �.1 , .: . .:� �. ' .:... ♦:... ��.. � , �.:.. � , �� .. � ♦ �.. � �..... � ..... .. • ... • � ...... � ��.... � .:.. , � ... � . � ......... , ,�.... � ., �: � ��:.. ! �., � ��. � �� ,�. � � � �.., ��:� � .. � � �. � 1' �� • 1 �. � � f ; .,. .� � ��:� , ��.. � ,,. ., � �' . � ..l � �.�� , ' .,:. , �, , �,... • ��: � ��... ; �:... , � .,, .• � .:, � ��.. � ; . ..�.��' w ��: ► , ! �:.. � 1 ��: , � ♦ � • • � \ , � , 1' 1 , �:. :. ��, � .:. � , �' ,.� �� THAT Warehouser of Denton, L.P., a Texas limited partnership, and Tim Beaty, individually (hereinafter collectively referred to as "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, Texas, a Texas home-rule municipal corporation (hereinafter referred to as "Grantee"), the receipt of which is hereby acknawledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the public passage in, along, upon and across the following described property, owned by Grantor, and situated in Denton County, Texas, in the Hiram Cisco Survey, Abstract No. 1184, (the "Property"), to wit: EASEMENT AREA ("PROPERTY") DESCRIBED AND ILLUSTRATED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF For the purpose of public passage and repairing, operating and maintaining pedestrian access in, along, upon and across said Property, with the right and privilege at all times af the Grantee herein, or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises for the purpose of any necessary repairs to said pedestrian access facilities or any part thereof. Furthermore, the Pedestrian Access Easement granted herein shall automatically terminate without further action of the parties ten years (10) after the Effective Date of this grant. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purpases aforesaid the Praperty above described. Witness all hands this the __m_ day of� _ � 2018 (the "Effective Date") GRANTOR: WAREHOUSER OF DENTON, L.P. BY: TNT HOLDINGS, INC., a Texas corparation, its general partner :' : Tim Beaty, President Tim Beaty, individually GRANTEE: CITY OF DENTON : 1' 1 •' � + , � • l • , Todd Hileman, City Manager This instrument is acknowledged befare me, on this day of � 2018 by Tim Beaty, president of TNT Holdings, Inc., a Texas corporation, as general partner of Warehouser Denton, L.P., a Texas limited partnership, Notary Public in and for State of Texas � '1 THE STATE OF TEXAS § § COUNTY OF DENTON § This instrument is acknowledged before me, on this day of , 2018 by Tim Beaty, individually. Notary Public in and for State of Texas /Ti1�►[�If'/ 11:�1'1Zli►i 1�►Y � THE 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, Texas. Notary Public in and for State of Texas RETURN TO: City of Denton Development Services Annex 216 West Mulberry Street Denton, Texas 76201 ATTN: Paul Williamson EX �B�T �'A'" attachment to Easement sv�'��`�e°� �� 0. � �' ��,'��" � '�w PK NAIL/FND OAK STREET � � � � Warehouser of Denton Doc No. 2013-159 P.R.D.C.T, � r�� L7 �� ,��°�,� ��> ��.�`�� p,.�� o� �:� u � � �� "�`��,��"�� "�. �.,_ ^��^�"+��•��+,� ..m�."��,� ° .�_ , e, _ _ �w� � � . �� ,� . � �,�, � � �. �� , V , �� ,� << , ,� ; � � � `;<<.,�� . x .t,� ,,s,�.. ��.r��,� � ��y� GC� � ��"� �, �� " ��'t� � �� ,��.�a�� ;� " ch �o� „ � � �,,,. ...� � IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY,TEXAS r 00 Tim Beaty Doc No. 2002-922 P.R.D.C.T. r cfl .060 OF AN ACRE 0 T J �i°kf"�, { {:.M$..Wl.._�1'�'��. SEE PG 2 0' 30' 60' 0° 30' 60' CIRF S N3�J"��"+4�� L 8.36' MATCHLINE SEE PG 1 .060 OF AN ACRE Tim Beaty Doc No. 2002-922 P.R.D.C.T. � r � j 5�� ' ��' � � �� """�� l � ��° �,� � �� „�.�, / ..��.... 112" IRF ��""�'--�..�..w.. �� N � 89'42'42"E 90.75' � � COORDS: N: 7127556,56 E: 2388344.22 HICKORY STREET IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS 0.600 OF AN ACRE H. SISCO SURVEY, A-1184 CITY OF DENTON DENTON COUNTY,TEXAS FIELD NOTES TO ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE H. SISCO SURVEY, ABSTRACT NUMBER 1184, DENTON COUNTY, TEXAS, BEING A PART OF LOTS 1 AND 2, BLOCK A, OF OLD MILL VILLAGE ADDITION, AS SHOWN ON THE PLAT THEREOF RECORDED IN DOCUMENT NUMBER 2013-159 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOR CORNER IN THE SOUTH LINE OF SAID LOT 2 AND THE NORTH LINE OF HICKORY STREET, FROM WHICH A 1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID LOT 2 BEARS NORTH 89 DEGREES 42 MINUTES 42 SECONDS EAST, A DISTANCE OF 90.75 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 42 SECONDS WEST, WITH THE SOUTH LINE OF SAID LOT 2 AND THE NORTH LINE OF HICKORY STREET, A DISTANCE OF 6.00 FEET TO A POINT FOR CORNER, FROM WHICH A CAPPED IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID LOT 2 BEARS SOUTH 89 DEGREES 42 MINUTES 42 SECONDS WEST, A DISTANCE OF 8.36 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 08 SECONDS WEST, CROSSING SAID LOT 2, A DISTANCE OF 151.29 FEET TO A POINT FOR CORNER; THENCE NORTH 01 DEGREES 37 MINUTES 44 SECONDS EAST, CROSSING SAID LOT 2, A DISTANCE OF 57.01 FEET TO A POINT FOR CORNER; THENCE NORTH 00 DEGREES 39 MINUTES 40 SECONDS WEST, CROSSING SAID LOT 2, A DISTANCE OF 119.47 FEET TO A POINT FOR CORNER; THENCE SOUTH 89 DEGREES 20 MINUTE 14 SECONDS WEST, A DISTANCE OF 9.57 FEET TO A POINT FOR CORNER IN THE WEST LINE OF SAID LOT 2 AND THE EAST LINE OF OAK STREET; THENCE NORTH 00 DEGREES 18 MINUTES 57 SECONDS WEST, WITH THE EAST LINE OF OAK STREET AND THE WEST LINE OF SAID LOT 2, PASSING EN ROUTE AT A DISTANCE OF 12.32 FEET A PK—NAIL FOUND AT THE NORTHWEST CORNER OF SAID LOT 2 AND THE SOUTHEAST CORNER OF SAID LOT 1, AND CONTINUING ON SAID COURSE A TOTAL DISTANCE OF 38.09 FEET TO A POINT FOR CORNER; THENCE SOUTH 89 DEGREES 58 MINUTES 09 SECONDS EAST, CROSSING SAID LOT 1, A DISTANCE OF 15.99 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 46 MINUTES 31 SECONDS EAST, CROSSING SAID LOT 1 A PART OF THE WAY, AND SAID LOT 2, A DISTANCE OF 43.40 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 17 MINUTES 31 SECONDS EAST, CROSSING SAID LOT 2, A DISTANCE OF 113.97 FEET; THENCE SOUTH 01 DEGREES 42 MINUTES 45 SECONDS WEST, CROSSING SAID LOT 2, A DISTANCE OF 57.63 FEET TO A POINT FOR CORNER; THENCE SOUTH 00 DEGREES 21 MINUTES 33 SECONDS EAST, CROSSING SAID LOT 2, A DISTANCE OF 150.71 FEET TO THE POINT OF BEGINNING AND ENCLOSING 0.060 OF AN ACRE OF LAND, MORE OR LESS. NOTE: BEARING BASIS ARE DERIVED FROM GPS OBSERVATIONS MADE ON THE GROUND. TEXAS NORTH CENTRAL, NAD 83. �• � �� ,,w�`" � � a A �w �" �",�,�� ° � , tiw�^ � �� . � �..�w , ,�.��.�� d��'� � a,�"mm� ��"�°� � �. � � � �� ,.�� CERTIFICATION: �"�� ,a��" I HEREBY CERTIFY THAT THIS SURVEY HAS BEEN PREPARED FROM AN ACCURATE ON-THE—GROUND SURVEY OF THE PREMISES DEPICTED HEREON AND DESCRIBED IN THE LEGAL DESCRIPTION ATTACHED HERETO, CONDUCTED UNDER MY DIRECTION AND SUPERVISION AND THAT THE FINDINGS AND RESULTS OF SAID SURVEY ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. �� 'u� �Mo�� J.E. THOMPSON II R.P.L.S. No 4857 IN THE H. CISCO SURVEY ABSTRACT NO. 1184 CITY OF DENTON DENTON COUNTY, TEXAS