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18-2030S:\Legal\Our pocuments\OrdinancesU 8Uones Pamily Trust Settlement - Bonnie Brae Phase 3- Parcel 17 - TL rev clean.docx ORDINANCE NO, 18-2030 AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED CITY OF DENTON, TEXAS V. ROBERT W. JONES, TR ZISTEE OF THE JONES FAMILY TR UST, CAUSE NO. PR-2015-00509, CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY, TEXAS, REGARDING THE ACQUISITION OF FEE AND EASEMENT 1NTERESTS REQUIRED FOR THE WIDENING OF BONNIE BRAE STREET IN THE TOTAL SETTLEMENT AMOUNT OF THREE HUNDRED FORTY-FIVE THOUSAND FIVE HUNDRED FORTY-SIX DOLLARS AND NO CENTS ($345,546.00); AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO EFFECTUATE THE SETTLEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Bonnie Brae Street project — Phase 3— Parcel 17) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council approves the proposed settlement in litigation styled City of Denton, Texas v. Robert W. Jones, Trustee of the Jones Family Trust, Cause No. PR-2015- 00509, currently pending in the Probate Court of Denton County, Texas in the total settlement amount of Three Hundred Forty-Five Thousand and Five Hundred Forty-Six Dollars and No Cents ($345,546,00� SECTION 2, The City Manager, or his designee, is hereby authorized to execute the Settlement and��Purchase Agreement (the "Agreement"), attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3w. The City Manager and City Attorney are hereby authorized to carry out the duties and responsibilities of the City under the Agreement, including, but not limited to, the expenditure of funds as provided in the Agreement. °�EC:" i'I(:)N 4, The City Manager and City Attorney, or their designees, are hereby authorized to execute any and all other documents necessary and appropriate to effectuate the terms of settlement, expend budgeted funds, and to take other actions necessary to finalize the settlement. 5 ECTION 5. The provisions of this ordinance shall govern and control over conflicting ......................................... provisions of previously applicable ordinances. To the extent the previously applicable ordinances do not conflict or do not apply to the settlement, those Ordinances shall continue in full force and effect. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. " o7��at��aa� t�.s ��a�c�� rr��c � °l l�� r,��ra�ar ��:u� ��r�c� �� c.�v� ��a��1. �"l�� a c��.r:r��. �� r��r�rcN,� �� ....� ��^� � �+��>�� l ��' � � �'�� . �°�"�".'�.�_---�° � ...• ' i� � R �I ��1 �� t1t� C�.�l��ir��;��.�� ---�� --» Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don DufF, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: h.�P�;* Nay Abstain Absent PASSED AND APPROVED this the ��°��'��- day of __"`�� r� �� °��m� ��',{�� 8�, _ �. � ��,y� � � � � �� u�,� � � � �� "1 fI� 1��""�,�"ATTS, MAYOR ...... . .. ATTEST: JENNIFER WALTERS, CITY SECRETARY � � � ,� .. � ,� " BY: � ��'�� .. �� _ '��""� _ � �� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �� e �. � �� BY: � ��.... .., .. _ ��w � �� mm�,,. X T��' �� attach ent to ��nance SETTLEMENT ANL� PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOVI�, HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS SETTLEMENT AND PURCHASE AGREEMENT (the "Agreement") is dated .�W �" �^��ro �, �'" �� 2018, but effective as of the date provided below, between ROBERT � W. J��l�'�, TRUSTEE of the JONES FAMILY TRUST (referred to collectively herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, the JONES FAMILY TRUST is the Owner of a tract of land (the "Land") in the A. Tomkins Survey, Abstract No. 1246, and the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being affected by the Bonnie Brae Road Widening and Improvements Project ("Bonnie Brae Project") referred to herein as the "Project"); WHEREAS, City is in need of cectain (i) fee simple lands, being a part of the Land; and (ii) easements, being a part of and encumbering the Land, re(ated to the Project; WHEREAS, City filed condemnation proceedings to acquire the property interests under its power of eminent domain; and, WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Project and to resolve the pending condemnation case styled, CI7YOFDENTON, TEXAS u ROBERT W. JONES, TRUSTEE OF THE JONES FAMILY TRiIST, Case No. PR-20] 5-00509, filed in the Probate Court of Denton County, Texas; NOW, THEREFORE, for Ten and No/l00 Dollars ($]0.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called) conveying to the City, subject to the reservations described below the tracts of land being described as follows: i. �'�� t��d��N l_ Being a 0.38 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, and the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Fee Parcel 1 being more particularly described in said Special Warranty Deed attached hereto as Attachment 1) ii. �� ;�ru�I � Being a 0.03 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Fee Parcel 2 being more particularly described in said Special Warranty Deed attached hereto as Attachment 1) iii. �� T��;�1 � Being a 0.48 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Fee Parcel 3 being more particularly described in said Special Warranty Deed attached hereto as Attachment 1) � iv. �� V � Being a 0.39 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr., as recorded in Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Fee Parcel 4 being more particularly described in said Special Warranty Deed attached hereto as Attachment 1) and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; and, B. Utility Slope Easement (the "Easement"), in, along, upon, under, over and across the tracts of land being described as follows: i. G��lat �I� �� L:� ��r�� 1 Being a 0.10 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Utility Slope Easement 1 being more particularly described in said Utility Slope Easement attached hereto as Attachment 2) ii. ��i� �1t� ,��;��;��a�� Being a 0.04 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Utility S(ope Easement 2 being more particularly described in said Utility Slope Easement attached hereto as Attachment 2) iii. �. �i�i� �lr� °�� i�,��:r�t � Being a 0.10 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr. as recorded in Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Utility Slope Easement 3 being more particularly described in said Utility Slope Easement attached hereto as Attachment 2)� 3 said Utility and Slope Easement being attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein, related to the Project; and, C. ��.._:�..��r� . �ry��° �r��a�t��A�, +��ac�� . ��a�l ��s p��r�t (the "Temporary Easement"), in along, upon, under, over and across the tracts of land being described as follows: i. "C"�_�� - �;�ar��~uc�t�c�r� ��r��w�� c� ��:�� 9��e��a�t�,,9 Being a 0.0174 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Temporary Construction Grading and Access Easement 1 being more particularly described in said Temporary Construction Grading and Access Easement attached hereto as Attachment 3); ii. "��n tar�r ��t�w��ti�a�� :rr�+d�r� �w�� a��r�� Being a 0.07 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Temporary Construction Grading and Access Easement 2 being more particularly described in said Temporary Construction Grading and Access Easement attached hereto as Attachment 3); iii. "�" r�� x°�r " r��tr��n ��c�a�a ��w�a� �cc:�s;� �;��n� �i � Being a 0.05 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr. as recorded in Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Temporary Construction Grading and Access Easement 3 being more particularly described in said Temporary Construction Grading and Access Easement attached hereto as Attachment 3); iv. "1'��,.,,��°��r��µv ��lrar�ii�a�, �.a�°��1�r�� r��! A��s ��x�� Being a 1.16 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr. as recorded in 4 Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Temporary Construction Grading and Access Easement 4 being more particularly described in said Temporary Construction Grading and Access Easement attached hereto as Attachment 3); that certain Temporary Construction, Grading and Access Easement being attached hereto as Attachment 3 and made a part hereof, for temporary construction purposes, as more particularly described therein, related to the Project; and, D. �1,��s��e�� (the "Easement"), in, along, upon, under, over and across the tracts of land being described as follows: i. �1r� ��m�:,r��. � Being a O.OI acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones, as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Slope Easement l being more particularly described in said Slope Easement attached hereto as Attachment 4); ii. �'i+��a� �as�nn�ru� :� Being a 0.03 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones Jr., as recorded in Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas (said Slope Easement 2 being more particularly described in said Slope Easement attached hereto as Attachment 4); that certain Slope Easement being attached hereto as Attachment 4 and made a part hereof, for slope purposes, as more particularly described therein, related to the Project; and, E. �z•�� ,� �,��u��rr� (the "Easement"), in, along, upon, under, over and across the tract of land being described as follows: Being a 0.04 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones Jr., as recorded in Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, said certain Drainage Easement being more particularly described in said Drainage 5 Easement attached hereto as Attachment 5 and made a part hereof, for drainage purposes, as more particularly described therein, related to the Project; and, F. ��i��r a��+�r L�:��t (the "Easement"), in, along, upon, under, over and across the tract of land being described as follows: Being a 0.65 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones Jr., as recorded in Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, said Sanitary Sewer Easement being more particularly described in that certain Sanitary Sewer Easement being attached hereto as Attachment 6 and made a part hereof, for sanitary sewer purposes, as more particularly described therein, related to the Project; and, G. !�t%�� r��r��,„r� ��rtt (the "Easement"), in, along, upon, under, over and across the tract of land being described as follows: Being a 0.01 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones Jr., as recorded in Volume 773, Page 55, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, said Sanitary Sewer Easement being more particularly described in that certain Utility Drainage Easement being attached hereto as Attachment 7 and made a part hereof, for utility and drainage purposes, as more particularly described therein, related to the Project; H. "I`�rn �w�� e.�s� �;��n� (the "Easement"), in, along, upon, under, over and across the tracts of land being described as follows: i. "�"�� rr�r� �c�c��s� T:.��rrrq�� Being a 0.1154 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones as recorded in Volume 773, Page 63, and conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, (said Temporary Access Easement being more particularly described in that certain Temporary Access Easement being attached hereto as Attachment 8); ii. "�� r��°y ��,� �;�,��t: � Being a 0.9946 acre tract of land situated in the O. S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed by Deed to Robert W. Jones, Jr. as recorded in Volume 642, Page 86, and a portion of a tract of land conveyed to Berniece K. Jones and Robert 6 W. Jones as recorded in Volume 773, Page 63, both tracts are conveyed by Deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, (said Temporary Access Easement being more particularly described in that certain Temporary Access Easement being attached hereto as Attachment 8); that certain Temporary Access Easement being attached hereto as Attachment 8 and made a part hereof, for access purposes, as more particularly described therein, related to the Project; (and referred to herein collectively as the "Easement Lands") The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1", and (ii) the Utility Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 2" and (iii) the Temporary Construction Grading and Access Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 3", (iv) the Utility Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 4" and (v) the Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 5" and (vi) the Sanitary Sewer Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 6" and (vii) the Utility Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 7" (viii) the Temporary Access Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 8" (the Fee Lands and the Easement Lands are collectively referred to herein as the "Property"). Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, shall not have the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank 7 batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "other minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 2. As consideration for the granting and conveying of the Property to the City, the City shall pay to Owner at Closing the sum of Two Hundred Forty-Eight Thousand Five Hundred Thirty-Seven and No/100 Dollars ($248,537.00), which represents the total agreed settlement of Three Hundred Forty- Five Thousand Five Hundred Forty-Six and No/l 00 Dollars ($345,546.00), minus the Ninety-Seven Thousand Nine and No/100 Dollars previously paid to Owner. The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. The Owner shall convey and grant to the City the Property free and clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of .releases or subordinations of the Encumbrances and other curative efforts affecting the Property, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 10, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or 8 prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project andlor the transactions contemplated by this Agreement, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands, interference with Owner's activities on the Easement Lands or other property interests of Owner caused by or related to activities on the Fee Lands related to the Project and/or activities within the scope of the rights granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's officers, employees, elected officials, agents and contractors from and against any and all claims they may have now or in the future, related to the herein described matters, events and/or damages. 5. The Closing (herein so called) shall occur in and through the office of WFG National Title Company 3165 S. Carrier Parkway, Grand Prairie, Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 60 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). 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. 6. Within ten days of closing, the parties shall file a Joint Motion to Dismiss with prejudice, along with a proposed Agreed Order of Dismissal signed by the parties' attorneys, whereby Owner / Defendant waives all claims to a hearing and for reimbursement for attorney fees, appraiser fees, and expenses incurred in the condemnation case, Case No. PR-2015-00509, pursuant to Tex. Prop Code §21.O19. 9 7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year in which the Closing shall occur shall be prorated and submitted by Owner to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Tax Code Section 26.11. [f the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (inc(uding, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and City shall pay for those taxes attributable to the period of time commencing with the Closing Date. All other typical, customary and standard closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attomey's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the City shall be the "Effective Date" of this Agreement. If the City does not execute this Agreement within sixty (60) calendar days from the date of Owner's execution hereof, this Agreement shall be null and void ab initio and of no further force or effect without further action or notice by Owner or City. 9 A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. B. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 10 10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 1 l. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter into any Agreement that will be binding upon the Fee Lands or the Easement Lands, or upon the Owner with respect to the Fee Lands oc the Easement Lands, after the date of Closing. 12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: 11 OWNER: Jones Family Trust �� m�� µ �N� �� .W�µ �� .�bert W. .��; "�n�� Phone � - °�� ....... � � ..�._wwwwww_��._ Telecopy� _.........._.. Copies to; For Owner: Kenneth A. Wright P.O. Box 51767 Denton, Texas Phone: (972) 484-1800 Telecopy: (972) 384-1801 � �rl'o k��„�r�lt�°M��'��!.4�1�'r� CITY: City of Denton Trey Lansford, Deputy City Attorney City Attorney's Office 215 East McKinney Street Denton, Texas 76201 Telecopy: (940) 382-7923 For Citv: Scott T. Doggett Baker Moran Doggett Ma & Dobbs, LLP 1400 Preston Rd, Suite 350 Plano, Texas 75093 Telecopy: (469) 35l -3490 ��,� ��raar4"'�� *C�i��"w�N��`U'I"�"N4}#`ls�l�.�:t.11t� 13. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. Time is of the essence with respect to this Agreement. 14. Owner represents and warrants to the City that (i) it has taken all actions necessary to authorize the party executing this Agreement for and on behalf of Owner to bind, in all respects, Owner to all terms and provisions hereof; and (ii) this Agreement is binding and enforceable, in all respects, against the Owner. 15. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deeds or Easement. 16. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Fee Lands and/or Easement Lands, City may, at its election, terminate this Agreement at any time prior to Closing. 12 , �" ;� ��.� � � �� .� ��.�,.�_w,_ Ya.�,,,,a�,a,��...�� ...... ,��,,,.�,�. �['ODi� ��;M'��;1�`„ � � ��:�� ! �' ,�� '�� ,��.�....�� -�'� 0 ��.�� t �� .,.,�..,��m� s � k „� s ,fi � � ! :� ,�� , �i i �' � � ��., i, ` N �,'r ' i � �, w, �, � , � . � 0 � „' ,,, , � "I , "Y 11�/'. JI �IIIII�I�I I�IIIIIIII � �, � � S ��; � 7; , ��a�"i,�,�,«� ��„""� �� ,�,w- ��,� ..,, , . ��` ��µ� +� ' ":� ��.�.��.._Ww ................_�.�._ �.. ..._.� �_..�.��,.w � � Za' � t�c�; �.��_� �.�.� _.......�,�,.�...��....._� � � ' � �� "" � � �"� � ��"' � ��_. Robert W. Jt�� , "�"m•u�� s f. - � 1 � � RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (l) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the lnternal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: WFG National Title Company 3165 S. Carrier Parkway Grand Prairie, TX 75052 Telephone: (972) 206-7470 Telecopy: (972) 206-1414 � Printed Name: Title: Contract receipt date: � , 2018 15 ATTACHMENT 1 TO PURCHASE 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. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON § § § KNOW ALL MEN BY THESE PRESENTS: That the JONES FAMILY TRUST, (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/] 00 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"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all Che real property in Denton County, Texas being particularly depicted and described on Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Properly. Grantor, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oi(, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Exceptions to Conveyance and Warranty: NONE TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances theceto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assi�ns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not Page 2 of 3 otherwise, EXECUTED the ....... �� day of „��wwwww �'" , 2018. JOIVES FAMILY TRUST BY W�� '..w� ��. .�q� Robert W. Jones,'°�,��a��:�� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on �a�� " �� 2018 by Robert W. Jones, Trustee of the JONES FAMILY TRUST. �� `°��:,,. �� r , , �.�� r „� UU�rr�rr �'4�r��r1 �, � � � � ��' ��m��Y��t�n �s��aa�� —� � "� „��,�'� "��a�c��a Notary Public, State �a ��c�� M�. � N� �°�'" ��'��'� My commission expires: ...... �—°�. � t� AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 216 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson Page 3 of 3 �� JONES FAMILV TRUST VOL. 773, PB 63, O.R.D.C.T. CONVEYFD BY OEEO TO JONEB FANILV TRU9T VOL. �� P6. 2369 Y�I�.�I<,�.C.T_ 0� 0 '34 ' 90 " R�6B17.51' T�34.21' L�68.42' Cp�N22'13'32"W Lc�69.42' NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. FiI131 I "A" ....._,.�^'r fB20—fB28 BDNNIE BRAE TRACT 19 SCOTT BRONN INST. N0. 97—R00�17097 D.R.D.C.T. NB8 '37' 43"E 28.22' _ �. �aca:��s E w _ _ ,-r,rt ..�, �..� �_. � _..., �� .� � JJ�'��- .� SEw/GAI•CAPR' BERNICE K. JONES 6 ROBERT W. JONES VOL. 773. PG. 63, O.R.U.C.T. CONVEYED BY DEED TO JONES FANIIY TRUST VOL. 4913. PG. 2359 D.R.D.C.T. �. � ..... ...........��. BASIS OF BEARING IS NDHTH AMERICAN DATUM OF l9B3 (NAD—B3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, SET f/2' I.R. W/GAI CAP � � �' w� ww.��. �� .��" � .. ------- oou ` ` ' �� (4AAIFB�E bP�'N]�kN CI. Yp.) _ .s.F.a� .� �e_ }.7�}`J .e , . ... .. _ �. _ .� _ �. _ .!�".Y,x�'. ...�:. fl,�" - -��.....��.��.._�.... ��....� OF 23l5 NILLOMM000 BT. ELI2A T. BHOCKLEY II�T. N0. ¢00�7I2GY D.R.D.C.T. � Yl'l—KUlAi—j �� .�..p.�,.,�„,.;„,.�mm ....�MR. BEING A �.��85 ��.�'T./0.38 .�i�:�:� RI��"-0�"�'��"�" DESCI�I�'�"I�N OF 1PffiCH 7,706 SQ.FT. LIES � ,� EXISTING RIGHT—OF—IPAY OF BONNIE BRAE STREET SITUATED IN THE A. TOMPKINS SURVEY, ABSTRACT N0. 1246, AND THE �r�� i��+a�i �t�� t�. �� ABSTRACT NO 6�Y o �,�+tsac� �r�� ,•-�oa� � � � "'� ��" °�°' DENTON COUNTY, TEXAS �" �� DATE: JANUARY 2014 i�•i�i•� Page 2 of 2 EXHIBIT "A" PARCEL 17-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DESCRIPTION BEING a 0.38 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, and the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Bemice K. Jones and Robert W. Jones as recorded in Volume 773, Page 63, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, �� '�� c�r�'� D�r��a�n County, Texas, arid being more particularly described �y a��a�� a�� 1�+��e�� "�llow��: COMI��NCING at a found 3/8 inch iron rod, said point being the northwest comer of a ��t ��` ��ra� ��r�:v�y�� to �1�� "�". alac��l�� r��r��a� i�� Ir��t�� ]C��. 2005-"�� 1�w��d �.�c�r�� l��r�� Cous�l�r, �"��c�, �t�d ��ia�� a�t��s��t��a a�f ��st�z� east xi�;�at��a� vrr��+ �i�,� c�{ ��a�i� �r�� tr��i �R��:�i�� v�ri�� id�� '�.^C�."�.), �� h� existing south ��-�� ^��r ��:� �f ��li�^��wrca��' �� x�� °a�u�a1� ��c�� R.�.'�'�}3 �� '��'��°''�'��, lea,�+ir�� ad intersection, a distance of 105.24 feet to a �� " �� "�� " �:�C��, ��i� �oint being the northeast corner of said Jones ��"�� t�'a� ��z�ti��a� �� ri�l��f-way line of Bonnie Brae Street (having a +r�uri�r�� ,+��it�� .�.'4�".�� THENCE South 00°32'25" West, along said existing west right-of-way line, a distance of 632.15 feet to a point for corner, for the beginning of a n��t��nt curve to the right having a radius of 6817.51 feet and a central angle of 0°34'30" and a long chord which bears North 22°13'32" West, 68.42 feet, said point being the southeast corner of said ,��s ��,��, araucl '��.t�� in t�� aa�a� r��;��y line of the Gulf-Colorado and Santa Fe ��alrra�d �i��ri�� r�i�abl� w��d�;� :�.�w "�'.�� "�.1"��T; ��av�� i�t�� ^�� i�X��-�� w+�,� line, a�c��;� said ncw� �a�a� �af"-r�� line �d' �� .�� t��w��-i��t ��r� �� i�� a�� arc di��e of 6�.4� ��t �� +��G 1/2 i�� irc�z� z�� v�r�t]� ��i �� ° �� "I"�-I��CE �V"�r��i 00°21'�7�, ��t� ��v�� said ��r�� ri��a��m� �v�,y li�� as�a�� of ��. � � feet t�r � set 1/2 aw��l� ��r�� ca� ��t� GAI ��r �"�a� ��a��r, ��,�d ��t�i k��i�� a, the �ac��°t�. li�:� ��`�� ,1r�� a•a!��, �a� ��ing �� u �i�+� ��"'�'r��t �� ,� ��r�� to Scott ��°�v�r�;, �� r��.ara��r� aa� �� a��t Na ��"�C��"�� M:�a�� T��t�� County. Texas, being a common line; THENCE North 88°37'43" East, along said common line, a distance of 28.22 feet to the POINT OF BEGINNING and CONTAINING 16,385 square feet, 0.38 acres of land, more or less, of which 7,706 square feet of land is being used as roadway use and diainage at this time. 2of10 PAGE 1 DF 2 1824 S. BONNIE BRAE JONES FAMILY TRUST VOL. 773, PG. 63 D.R.D.C.T CONVEYED BY DEED TO JONES FAMI�Y TRUST VOL. 4913, PG, 2359 D.R.D.C.T. �= i'1!'03" '� R�6950.58' T-71.83' L�« 143 . 66 ' Cp=S24'32'36"E Lc�i43.66" SEw�GAI CAPR�� N00 '2�. ° �°�'"E�,. f900 8. BOMIIE BRA@ BOINJIE BNAE OENTON TWd�"a'�N��['C. L,TtS k.i1T d BtlwN�C'K 7 W � � P�',�"A4« f4fiqlT�S�ON. �a�s. �, ��. �� P.R.D.C.T. 1824 S. BONNIE BRAE JONES FAMILY TRUST VOL, 773, PG. 63 D.R.D.C.T, CONVEYED BY DEEO TO JONES FAMILY TRUST VOL. 49l3, PG. 2959 D.R.O.C.T. 5ET 1/2' I.R. N/6AI CAP N93 '56 ' 03' 107.37' EXHIBIT "A" ...__� ,. , , w � vo�. n�3,T��: ��:n �:r.r ,�,._.m ..... _ _ _ �. r�.� f �"�n�.�... ._.. POINT OF i�f&�� CkM� �"r �� T,. ��.az�a v. �a��,ew ��v. w�„ ao��-�� . aa.�w. �. . lB11 B. BONHIE BRAE LOT f, FMp:,�1C.^bf �! oa� c ��rw t��yns INBT. N0. 9S—OOSY928 O.R.D.C.T. NOTE: SE7 1/2" I.R. W[ GAI CAP TO BE SET AT END OF CONSTRUCTION„ BASIS OF BEARING IS NORTH AMERICAN DATUM SYSTEM3 TEXASBNORTHACENTRALE COOFiDINATE p 1 7—RO�— 2r BEING A 1�� w��"��0.03 ��:� RI�:�"��w��-�'� DESC��'"��N OF �CH 141 SQ. FT. LIES �'�'�HIN EXISTING RIGHT—OF—IPAY OF BONNIE BRAE STREET SITUATED IN THE O.S. BRE�PSTER SURVEY ABSTRACT N0. 56 �+_� � 1•-�� r�� A��i�t�� i��. DENTON COUNTY, TEXAS o � �oo �ao �� ~�� DATE: JANUARY 2014 3 of 10 ��'a��,��a�-��aw�� Page 2 of 2 EXHIBIT "A" PA.RCEL 17-ROW-2 LEGAL DESCRIPTION RIGHT-OF-WAY DESCRIPTION SEING a 0.03 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Jones Family Trust, as recorded Volume 773, Page 63, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more pazticularly described by metes and bounds as follows: C�1''� � �"�T�iG �� +�u�� rt�� c�si, �� t�� c�a�a��st �c�r�a��• o�" �:,�� , B�� ^��t C�� .�,��'i�i��i, �� a°+�c��d�r�� i�a �`��a�� T�� }, �"�at :'�.��re�s, ��r�t�a� County, Texas, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas; T'HENCE South 07°11'22" West, a distance of 390.27 feet to a set 1/2 inch iron rod with GAI cap, for the POINT OF BEGIl�R�IN(�, said point being the �a�� corner of said ��s �r�c� �nd ��i�� e ��at�r�� a�" ��i�%n� ��nnie ��°,�� (��r�� a v�a��b�� v��h �.C�.'�',�', �� tla� ��r��a sri��t-�� line �►�' �h� +�"�� Colorado and Santa Fe Railroad (having a variable width R.O.W.); "I��1�'� �r�� 33°S�Tt��"'" West, ��r�an� s�� a ��i-of-way line, a distance of 1�"�,�i �'�� set 1/2 a��d� iron rod �� C�A.� �� '�r �� TI�NCE North 00°21'S7" East, a distance of 41.59 feet to a set 1/2 inch iron rod with C�AI cap for corner, for the beginning of a non-tangent curve to the left having a radius o� 6950.58 feet and a central angle of 1° 11'03 ", and a long chord which bears South �4��"��"' ��t„ ��.66 ��t� ��d point being in the south right-of-way line of said Gulf- �;��'c�r�� ,��,� ��aa� Fe ��l�s��r,�; �"��1"�� a�� d �c�u,t� x•��,�'�-�� +�y� �� aa� ��,� ��,�� non-�t��u��t �t��°r�� i�r �1�� left �� aµ� �iz�� 4�.�� +� �� "�.��T �� :��G �ad �C��"I".A,i�Cl��i �„223 square feet, 0.03 acres of land, more or less, of which 141 square feet of land is being used as roadway use and +�,��e at this time. 4of10 PAGE ! OF 3 "� � �� n°�" 3624 S. BONNIE BRAE JONES FAMILY TRUST VOL. 773, PG. 63 D.R,D,C.T. EXHIBIT "A" c � • �� "� ' � ��V�3 ;�N�� f �T� ,+� d ��.� i ti � ti � � � o � � A. i `a�. � � � � � ' �� `/ i � t `1_ r 1 1 1 w � r � � ' i � L � t w 4 � � �. � i .0.�.. � � ��,k�; � ^ Pa5 � b ry� p � � Y � � � X �� t � p i u s � _.� �� e r r :. � � i � i .� ' i _ n�� i � i � � t � iSdCNVY 3�. I��tiMi'NYE��' E�67A�. N�Ci�%I�� BR�aI� 17�NTY�NY \ ,..... �......_. SiMW�6ikfi�NT. 1„TCI �.�M7 .� iil.13CYS ^�§'" d9 �e � MFiAl. kl��tNW. /---- CM1� �. �. F+.p.[l.C�.'P. �/ �/ SE'T ! 2 • • I . R. W/�iAI CAP N00'17' 51"E� 102.20' SB24 S. BONNIE BRAE JONES FAMILY TRUST VOL. 773, PG. 63 D.R.D.C.T. CONVEYED BY DEED TO JONE� ��,NIL,Y 7RUST ser �/z• • i.a. VOL. �1?�i�„ i��a. 2359 q�GAI CAP �r.�.e�.�. �'. * � - �1 , w� � � �� r�. �ne�°� �.�:��c.r. . � �ti� ��'. � �� "^l—�J,JJ_____�_'_— � SB9 '42' 09'" a a^.mi etie�. w 123.95' �J4� "��' �4�'"� --w..�..��„ � . 6� " s� i�a•• i. � N/GAI CAP N06 '02' 39' E-�•--�„. .�, ��, SET 1/2 " I.R. W/6AI CAP ��Y -�. �,.>�.a.✓,�d d...�._��,. OF 23l5 MILLOWWOOD Si. 0.IZA T. BHOCKLEY ir�r. ►a. zoos-»zsa D.R.O.C.T. ��a� �, �� w�a�� l,i(�i" � �d�C�' S CB�'PI p f#tfTN id��d4��,� I,MV�a'T. 1MCY, �-0�'f�"�.4 �.Po.�.c.i". '", "'� --� NOTE: SET i/2" I.R. W/ GAI CAP TO BASIS OF BEARING IS NORTH AMERICAN DATUM BE SET AT END OF CONSTRUCTION. OF 1983 (NAD�83) STATE PLANE COORDINATE� P.17—RO�—S SYSTEM. TEXAS NORTH CENTRAL. BEING A 20,753 �"��"�.�0.48 �� RIGHT-0,��1�"�,"�" DESC;��"�+�N I7 OF �� Q. FT. LIES �PITHIN EXISTING ��i��+��"A."�" OF BONI�IE BRAE STREET 5ITUATED IN THE O.S. BRE�STER SURVEY ABSTRACT N0. 56 �APHIC SCALE �•.,�� "`'��'�' ��'�� "�' DENTON COUNTY, TEXAS � 5o soo �ao ��,��"° °° ,� 5of10 OATE: JANUAAY 2014 �l�a n� �r�/d� 57—F�¢�wR-� Page 2 of 3 EXHIBIT "A" PARCEL 17-ROW-3 LEGAL DESCRIPTION RIGHT-OF-WAY DESCRIPTION BEING a 0.48 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Jones Family Ttvst, as recorded Volume 773, Page 63, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found iron post, said point being the northwest corner of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas; 'THENCE South OS°36'S3" West, a distance of 513.07 feet to a point for the POINT OF BEGINNING, said point being the northeast comer of said Jones tract, and being in the approximate centerline of existing Bonnie Brae Street (having a variable width R.O.W.); �"�� a�u� ��°�"�"��w "�"`�s�, �1��,� ��id �prr�a�i�ia� ��r��°1��, �a �l�st�n.� ca�' "��-0�� f�et �� i�� "�� r, s�ic� �in� b�� t�� +��a�� ar�� " ��ir� �`��r�� t�,��, �nd. �a�ar�� a�.�a��t �t��r ��' � ��°ac� ��' 1�d c�r�v�� a��r� "ti�. ��t�� ,��.� �s r��d��d. in Volume 773, Page 55, Deed Records, Denton County, Texas, being a common line; T'HENCE South 88°38'S4" West, leaving said approximate centerline, and along said common line, a distance of 38.92 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); T'HENCE North 08°02'38" East, along said proposed west right-of-way line, a distance of 18.28 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beg'uining of a ��rot curve to the left having a radius of 952.50 feet, a central angle of 4°14'S4", and a long chord which bears North OS°55'11" East, 70.61 feet; THENCE continuing along said proposed west right-of-way line and along said tangent cutve to the left, an arc distance of 70.63 feet to a set 1/2 inch iron rod with GAI cap for comer; THENCE North 43°10'45" West, continuing along said proposed west right-of-way line a distance of 20.64 feet to a set 1/2 inch iron rod with GAI cap for comer; i"��E �lart� 8�°��"�7�"" WesC� ��i��i�a� ��aa�� ca�ased t��t a��h�-of-way line a �i�:k�.�� o� 1�,�.�5 �"��t �� . set li� ir�� ircra� �°�ad w��a +�� for �c�r��•> 6of10 EXHIBIT "A" Page 3 of 3 '�'��1�E Nozth 00°17w�1 "' East, ��At��ui�� along said proposed west right-of-way line a d�st�xa�� of 102.20 fe�t %,� a set I� i��a ��n rod with GAI cap for corner, said point being in the north line of said Jones tract, and being in the south line of Lot 1, Block 1, M & B Metal Addition, as recorded in Cabinet D, Page 362, Plat Records, Denton County, Texas, being a common line; �";��i�i�.;'� ��a�atk� F��42'09" East, 1��+��r�� sai�i p�x��pos�d �v�st ��;ta��af-way 1�� i �1�� ici �c�rr�c�a�a� �i��:, a distance �r�" ��,86 �"�� to �� ;�G�1`1�"�" �F BE�"r��"�l`� �ttc� CONTAINING 20,753 square feet, 0.48 acres of land, more or less, of which 2,539 square feet of land is being used as roadway use and drainage at this time. 7of10 PAGE 9 OF 3 p�� , �� vol.. 7''T� l� 'lk.ry C�,�#.C1,.0 T ��'NN4�/sY��4 �'Y P,�,�Cl 7N1 sN4dl�e�� F.dh4'�;�.'wl' '�F#N�'G�. ti��.. �9'�A�� P4�. ��'�. f�, iR.l� . C. T'. � � EXHIBIT "A" (�8e �3e � J4 � � 38.92� SET�!/2" I. R, � W/GAI CAP NOB'02'3B"E � 155.85' SET ]/2' I, R, W/GAI CAP FENCE �,_ � W�4�-�'RT W. ,1CYNE5. JR VOL. J'7�„ PG. k��, I�,N'.O.C.T. C��EYEO �"� DE�CY TO JDNES FANILY TRUST VOL. 4913, PG. 2359. — O.R.D.C.T. �.• X �� 8 �01 � 47 � R�1047.50' T�73.52' L�146.60' Cb�N04�"01'45"E Lc�146.68' SET 1/2" I, R, W/GAI CAP �'� �� f9, � �U• �� . 5B8'40'03"W 35.44' �� LOT ! JEAN M.B. TUIRIELL irrsT. rro. aasz-�sz D.R.D.C.T. � ` ��I� `-0�'03"W � ° ti rn . ��,�.� 32' 4 0 � �w x 4 Fp ktid p: ! � r'""^� 2216 9. ��BW��MIE BRAE CFBIISTOPHEA M. NATT6 va. �;7�a�, ae. a.�e 6I�. �i. if. C. T. i� .A'i O ,�-1 r � � �� , �"C�T�i �1�"� °� 1 •�'� �� +��Y r�w �� ; � � zzzo a. xE' — _ .' � �.�r �,� .' ` L vt�.'�. ��, ��i�. Y `� — — � [7��.f1�„.C7�,W�.i'. r. e 232� HIBHLANO PARK RO MILTON 8. CLEARNAN C '��719�F, ANBiA A. CLEARMAN YMkL. AiA.�7 PB. 2219 13.fi�.�I.C.T. � s+ d ,.�' 1�� ',.� �`\ / / � � � �� ~`\ o—+� q�"��C __" - , v, w_ri�"� w .___ ..�.� a.�__�z� __ !._..�� .r"�.IT�" � ti � ' NOTE: SET i/2" I.R. W/ GAI CAP TO r 8E SET AT END OF CONSTRUCTION. k t...�... ............mm BASIS OF BEARING IS NORTH AMERICAN DATUM PARCEL 1 7— ROW—'4 SYSTEM3 TEXASBNORTHACENTRALE COORDINATE EEING A �� 17,042 SQ.FT./0.39 �iC�'�� RIGHT-OF-1�"�.Y DESC,�]�'�'�:�N OF wHICH 10,005 SQ. FT. LIES wITHIN EXISTING RIGHT-OF-WAY OF BONNIE BRAE STREET SITUATED IN THE 0. S BRE�PSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS �,��,I� �„� !•-s�, �a�"�li�a�ln ��i��'��,��q�� o so �� n ��;�JI�� '1�9N�R� d� P�NM � �a� �rr�: a�mr� � � ��« �r ewa � __. _ ___ � �—�� ' DATE: JANUARY 2014 8 of 1 0 J/Denton/Pi7-ROW-4 Page 2 of 3 EXHIBIT "A" PARCEL 17-ROW-4 LEGAL DESCRIPTION RIGHT-OF-WAY DESCRIPTION BEING a 0.39 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particulazly described by metes and bounds as follows: CONIlVIENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot 3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton ��t��°'� �"��.�� n� ��.�u� in the existing west right-of-way line of Bonnie Brae Street ��a��in�, � ��1'� ��dt�� 1�.O.W.); �'��i+�l� 1'��r�k� �� "�4"° L:�� a�ag� ��.�a� ��s�� s�� r��t-�� r�� line� �. �a��:�a�e of ��.^�? �'�� %� t� �a�ra�� "�ar t�� °'�Ti�T" ��' ��C� ��C�, s�.i� �e��.�� 1��;g in �� a�� line of said Jones tract, and being the northeast comer of Lot 1, Solar Way Addition, as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common line; "��:�� '"L��" ��t, ��ai�� i existing west right-of-way line and along ��d� ��t�a�� 1�� di�'�ura� a�' ��.�� to a set 1/2 inch iron rod with GAi cap for com�r, �"+��4 �� i�� " a� non-��;��a� curve t+� �� a�� t��r��;� � ��c�a�,.� �f 10�F7.:�i� feet �au�� N�� r� �'��1'47", �,+� � long c��a�� w�i�� la��ac� �c�a��a (�4`�d��'45" ��I;, ��a•,+�� "��, s�d �a��a�� a�� is� �� proposed west right-of-way line of Bonnie Brae Street ��x�vi�� v�uri�b�� .��."V�.1, �"��1:��"�s ��rz� ��i� �c��rtrr�� li�n:�, ��c�r�� sed �r�� •��a�� w�r�� line and �ul�� i� ��Wt��r�� r;�w� �� a� r��Ot �t� �r� ��a�� of �4�.�� f�� t 1/2 inch nr�� r�a� �wri�� C��,� �� `�r c�aa-�� C"E ��r�h 0��'38" �ast� �t�a��a�� ir�az� �� r�sa��d �a�si ri��i:-�� ; a �x�t,ar�� o�' � ��.�5 �� to a �� J� i�� r�� r�+� ��t�; ��ll �� r��r, ��id ��i�a� 1��i.�ag in the z��l� lit�� t��"��i� ,�+�nes ir��t and being in the south line a tract of said Jones Family Trust, �r�c�� a�� on l��a�°, THENCE North 88°38'S4" East, leaving said proposed west right-of-way line attd along said common line, a distance of 38.92 feet to a point for corner, said point being in the approximate centerline of existing Bonnie Brae Street; 'TI�NCE South 00°37'43" West, leaving said common line and along said approximate centerline, a distance of 300.00 feet to a point for corner, said point being the southeast corner of said Jones tract; • 9of10 i�r:�:�r:�� Page 3 of 3 �"�-��CE �c��t� �8°4�"+��p" i?��k, ��a�,� :��t:i� ��g��a��a�� n��i��, � a��i��c� ��" ��.32 �'�� i� the �"��"� OF �� % �u�a� ��f:��°�1"��1� �"�,��; :s��°� f�� .�� of q��c�, ��rre or less, of which 10,005 square feet of land is being used as roadway use and ��ir►�� at this time. 10 of 10 ATTACHMENT 2 TO PURCHASE 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. UTILITY AND SLOPE EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities, lateral slope features or grade, or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soi( or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter Iocated within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the � day of No✓c�- bcf � 2018. 2 Grantor: JONES FAMILY TRUST �,,. �, � ��" � BY ., �� ' ��""�� ... _ �.� "��... Robert W. Jones, 1 r�t�� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on�IT �� ""' �� , 2018 by Robert W� Jones, Trustee ofthe Jones Family Trust. � '�' •.M W8R@� P W�I ht� e "� � S e ,u My Comml�slo nE�ms � ..� , — �� ',�' 10121/2019 Notary Public, in and for the State of Texas �y�,... ',�" ID �la�. "p�B��'��C2�4 My Commission Expires: �.� '� � ��Ww� AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 2l6 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson PAGE f OF 2 J01-ES FAMILY TRU&T VOL. 773 PG 63, O.R.0.0.T,. carv�o ev o�o To JONE6 FAMILY TNUST VOI. +I+�f� P6. 2359 �.�.tS.C.T. \ ia:�:u:�� SB2D—! TAACTO gIE BfiAE •'��. �.`.�. e'� SCDTT BROMN INST. N0. 97—R0047097 � o.a.o.c.T. SBB'37'43"9�°� 28.22' � POINT OF � HEGINNING N�� "� ' 4� �,.... � �� ._.."`�«��_'��lF u�r.�s� ��'rM ,�JII�-.(� . ..,.. �.. _. s �l� __ �W m_ �. .�., �.� � ��z�� c. ��a�� r. �� VOL. "i?�. F�4�. �� 7.R.�i.0 C�ihdY�'Y�Ei E�`P ��Ci� 1C# � wK7hi� w �"Ah4�'&4" T3�B.d�T W4�1... ��1'� &�G, �� CO,�N.fJ,�C.T. \ � 0� 0'10'40" R-6817.51' T�10.58' L�21.16' Cb�N21 '50' 57'W �..._. L�� .16' BASIS OF BEARING I5 NORTH AMERICAN DATUM OF 1983 (NAO—B3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. O m m v u� W ^ � W � N 0 O Z �.. �� '�`+� "° ��"� � � �" � � C�CId] � "� �,; _ � �'N�9.9 d,dFM" 1Y1�7CA�ELG�' WY�.N3TW CS Ni.y. ` .�,�1�X'.��m ° _ �eJ.9��e"..�.... _"..,, �r,�'„fi.� �� _,.. .. .,. .... » ., . . � i�.._.�.�. �.. r�A„......„� 4� p � �_ � � � b + ry , •, A k,. � � � � e � ^ � � � � r � + � r i r i M i � i � a r r � . ',,y .. �.v� '�'�'u. �^��. �,� � � �,µ r �' p. w �"i ", ° � � �i , , �, e a � � � M � �. 1 � �' � w � � � i . " �� ; � p ; i � � r" ' � ; � a � 0 ,� ; � , � � 4 � ,, � � � ; ^ ,. 29lS MILLOMM000 4T. ELI2A T. SHDCNIEY IN6T. ND. 2006-7I29� O.R.D.C.T. �.,. �w_�._�e._�,.._ P17-USE-1 BEING A 4�� SQ.FT. 0.10 �,��' U�"�� & SLO E EA�'� ��`T SITUATED IN THE O.S. BREWSTER SURVEY ABSTftACT N0. 56 DENTON COUNTY, TEXAS �'"°"I` �`"`� ,•.'°°' �� wa�� r�t �t��M�t�� o �cs �oo �so a�r �s . �� +a�� DATE: JANUARY 2014 1 of 8 J/Oenton/P17—USE-1 Page 2 of 2 Lt3:I0�ii/�ii PARCEL 17-USE-1 LEGAL DESCRIPTION UTII.,ITY & SLOPE EASEMENT BEING a 0.10 acre tract of Iand situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a po�tion of a tract of land conveyed to Bernice K. Jones and Robert W. Jones as recorded in Volume 773, Page 63, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records Denton County, Texas, and bein� more particularly described by metes and bounds as follows: COMMENCING at a found 3/8 inch iron rod, said point being the northwast corner of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Racords, Denton County, Texas, and being the intersection of existing east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Willowwood Street (having a variable width R.O.W.); "��'1"��C'� ��4t 16°4�'ti5"' West, ��viw�:� ;�� inker��iean, a distanc� af" Ii�5.24 t��ti ta� a�a�irt�� d' �a�air�t lietirw� the ��rtl�east conr�r�r �� id Be►�r�i� �;,. Jones and ��sla�r� W. Jvr�� tc�� ,rm� being in the southeast corner of Tract 19 as conveyed to Scott Brown, as recorded in Instrument No. 97-R0047097, Deed Records Denton County, Texas, being a common line, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°37'43" West, leaving said existing west right-of-way line, and along said ca��ra�a�� line, a di��zce of ��.�� "�a� t�r a point for the ��` ��" ��!�1��G, �a�d �r�in� b��, iw� the prop+�;�� west �°p,�N��-p�,��,� line of Bonnie ,i�'r�+� ��•r��t �%a�r��a� ��ari��l+� �r��i��l� �..�.'"�"�� 1"�-��' ��tt� i��"� �'�"i'� ""�'��t, �1i��tp� �a�i� p�rr�� t ri�l�t-�� ►�r�� ii��, a �ist��;�� a� ��.13 �"��i �r� � pai�at �°z�r ��r�ae�, �crr �h�� a��r�ni�t� ��"a ��ra-��;��nt ��^ve t� t�a� r��ltt ��^%N�,� r� ��u� of G�] 7.�1 �'��t �nd � c,+��.1 ��1� ��`�°1�m�(1"", �a�+� � �� a'ar� w�!��w ��r� N�1�� ;� 1°5�'��°'` ��st, 21.16 feet, s��i �r�x�� e��g �� t�� t��r�� right-of-way line of the Gulf-Colorado and Santa Fe Railroad (h,��ir�� r��uria�N�; wm�f�k� N�..+�N,'�,), '��F�E 1��^�� ai� ��°��a�as�C �s�� ri�ht �� tir��« �iz�+e, al��a� s�wid �ta�t� ri�Nat-af��+r�� line, and �d�n� ��id r�a��-t��,��cti ��r�� e��ht ,�n �r� ��t�r��e of ��. �6 f��ti �� p�s�ni: f�r ��uer; THENCE North 00°21'S7" East, leaving said north right-of-way line, a distance of 548.30 feet to a point for corner, said point being in the north line of said Jones tract, and in the south line of said Brown tract, being a common line; THENCE North 88°37'43" East, along said common line, a distance of 8.00 feet to the POINT OF BEGINNING and CONTAINING 4,466 square feet, 0.10 acres of land, more or less. 2of8 PA6E S OF 3 1824 S. 80NNIE BRAE JONES FAMILY TRUST VOL. 773. PG. 63 D.R.D.C.T. CONVEYED BY OEEO TO JONES FAMILY TRUST VOL. 4913. PG. 2359 D.R.D.C.T. �'�� wM. �i �� '��. �ri� �,�d�+ rr�isu� x�av � ��rr'. �.'�� tar �. ��,c�tk �. M 8� � MF, 7dL d4�H}'%TT[7Cd, CAk� �. P�. 3[f'� I� tl1.#�.�C.,i�. l824 S. BONNIE BRAE JONES FAMILY TRUST VOL. 773. PG. 63 D.R.D.C.T. CONVEYED BY DEED TO JONE5 FAMILY TRUST VOL. 4913. PG. 2359 D.R.D.C.T. EXHIBIT "A" i y � o, ti w ti '� �a�a araa�a e�:e � � , , �� a � , a ; P u , a � � � a, � 4, � �., � � � � J � 1 � i 1 \� � � � ti i �-, ; �� , i � � � � i I 1 � , i y —� ; � q. I P i 1 \ N � w I' f r r u � ry q � � t q N� �: �X � � „�.. _ _ � .. � ,� < -� I � � .o .p 4. ca i '� � � � � I / �a i w / :,,;i � � + �� ' o � , r ��J��_..,__ ' �;� � ��.. ...__,. � �� I " �� ; � d �� i � t � � u i� � ` u V � � � d' n �� •; .. �. ,. � o i a 4� d S43'10'45"E•— ; ' 20.64' S89'42'09"E � �' 1.02' "' ; A- 5'06'23" �� f"� � R�936.50' ��.r �. n T=4i.76' L�B3.46' Cb�N05 '29' 27 "E Lc-83.44' N08 '02' 38"� 20.92'� , � �� vo�. ��'�ve: ��". A o:c. r. SBB '38 ' 54' � _1 �t�waw�w�r� �r �a�� vsr 16.22' I �s r�r��r�w ra��v I v a�� r�c. a�� n.�w.d.s;.r. � 2336 MILLOMMOOU ST. ELIZA T. SHOCKIEY IN9T. N0. 2006-7C289 D.R.�.C.T. f��_» ._�..�. . . -..., �i./!' .. ...... !B�! S. BONNIE BRAE OR�E�N Q ��M TT��dB iNST. N0. 85—DOb7�29 o.A.o.c.r. �, X �^w�qp�, pry��^g�j �'�`,� � � A b � . . w7S/�S� �V� 9 tiATJ�.�,'fl 4 � �.I�. �8. d�� 4 "14' 54" F��.50' T�35.33' L�70.63' Ch�S05'55'ii'W Lc�70.61' .�_. BASIS DF BEARING IS NORTH AMERICAN DATUM SYSTEM3 TEXASeNORTHACENTRALE COORDINATE P 1 7—USE —.��. � BEING A � 1,554 SQ.FT./0.04 ACRE � UTILITY & SLOPE EASEMENT SITUATED IN THE O.S. BRE�PSTER SURVEY ABSTRACT N0. 56 6pAPHIC SCALE ,•.,�• Graham ��a�ira�� I�� DENTON COUNTY, TEXAS � � co�,�n�c+ �� .�,u� �Uil1'� �'i l� INU� �, f� .�7 dN . 9ik'I��F 3 of 8 0 BO S00 180 DATE: JANUARY 2014 �0"�a rr ti� r�!'p i 7-U�E-� Page 2 of 3 EXHIBIT "A" PARCEL 17-USE-2 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.04 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, De�,�+�� C��a��r� "�"��, ��i�� , p��n of a�r�� " �and �c��v�y��d t� da�nes F�x�� "�'�rw�st, as r�c��a�� "'�`��a�� i.�, ��e �� and cca��v��c� by d,�� a� J�r�� Famil� "�a��, as recorded in Volume 4913, Page 2359, Deed Records, Denton Cotinty, Texas, and being more particularly described by metes and bounds as follows: C��i�"'I�1��G �t ,� ��a�� an �� i� point ��z�� the n��a�r�st �� .��t 1, Bla�� , �°�a�� C�� it�a�z�, as r��rd'�d. �n Cabi�� , Pa�� , �?�at ��+�,�� ton ��a�ty� `��as, �:�� bein� �� t�,e ��uth line t��" ��r�,�t of land �r��^��i �� Eliza T. ��i��k�� rec�a�c��d in x�s��,e�a� No. 2005-��, Deed Rec�at��, 1�� County, Texas; THENCE South 04°11'02" West, a distance of 716.95 feet to a point, said point being the ��t�� ca��r of s�i�. Jones �r��t� ��.d ��a� iaa �� s��a��;t� c�r��i�� i ��c.isting �+��a�� r�� ,�t��et ��r�i.ng a v�i��1� �idth T�.+t�.°�"'.�� ci ��i n� �i� z�r�r�� of a t�r�� of t�� r��r�� t�a '�,�w ��° Jr., �� r��•��d in Volume 773, Page 55, Deed ��t��crrds, ��t�ar� ��;�, 7`��, b�i�� a co�zr��aa� ��; �� t�a ��'S4° �'��t, le�°��g s��l ��°��r�a�� r��z�, �n,� along said �c��n�r� �:�ia�, a �a� �� of 3'�.�� feet �� ,� pa��a�t �"�r t1�� 7��}�i"�" ��" ��'� �G; �'�`��C� �� :��"�4" West, continuing along said common line, a distance of 16.22 �`�� t� a ��"��t �`�s ��rra��°� "�';�:ll'�"�:� �"�tt�� "�y�"��'" ��t,,, l��iu�� i �r��r�� 1i��, ��r�� c��.�� t t� � �a�irr� �"�a� ca�rn��, ks�r b��a�an�a�,� ��' � �:��t �r�ve t+� th� �� 1��van� � t°�� a� ��,�0 i`��, � ��;1 �ur�� "��"��"��""', ��l � ��a�� •d ww��i�� ,� ��la ��"��"'" �.��k� ��.�4 �"��, THENCE along said tangent curve to the left, an azc distance of 83.46 feet to a point for ��"��', �� pr�� being i� ��a� proposed west right-of-way line of Bonnie Brae Sheet �a��r� � �a��i� width �.�,"�r"'.); �'��'�d�"� �"o�a�i� ��"��'� T�,"�t, along said proposed west right-of-way line, a distance of d.�� t�� a a �w��r�t �'��r ��r��r� . '�"��+F��: ��r�� '��'" ��, a.�wn�aia��a�� c��,� ��i ��ae��r��+�� r��! �°a��t-e��+�+�� ir�� di�� af :�OM�a� i"�� . �ar�i�� r��r� f�� a��ica� �r�` � �a��- �r�t�� a�+� t� �� a��,� �a��i��, � r��i��a� �r� ��.�+� �� 1 �a�,�� c��` 4��4'��"r ��[ � ��z�� c��cd which beazs South OS°55' 11" West, 70.61 feet; 4of8 EXHIBIT "A" Page 3 of 3 THENCE continuing along said proposed west right-of-way line, and along said non- tangent curve to the right an arc distance of 70.63 feet to a point for corner; m��1��.�� a�� '38'" "��,�P� c��A�u�z�� t�a�� a� ��c��s�� west �� :aa�� 1i�� a�' � �.�� "�� to t�� '��"�" ��` ��'��+1�� td �"C�1�TA1N�� i��4 ��ar� feet, 0.04 acres of land, more or less. 5of8 t�hirsi i ••�.. PAGE 3 OF 3 O�DWd�:, �`Nw'�G V" 7Fil.k&"6' VOL i'�3, iroG �"� �Y,Fp.i1,G..i. c�aa�rr:� s� rac�n r� N86'39'54"E �s �,��r ��aur�p° 16.22' ��s...a�x:�, rr_. ��.�� G� �� r� ��"��" ��,� �, � �"�� 6��7�&ERT W. JONES. JR �� VOL. 7y�, PG. 55. O.R.D.C.T. CONVEYED BY DEEO TO JONES FAHILY TRUST VOL. 49l3. PG. 2359 D,R.O.C.T. �� t �� .� � � , A� 6'5B' 19" �� R=1063.50' �, T�64.79' �w L=129.41' Cb�N04'33'29"E � Lc�129.33' h• l� S8B'40'03"W 16.01'—� POIIVT OF B$GIlVNING 5BB '40' 03"W 35.44' LOT f IFY�T�E�... N� e 8Cpi2��l2 PR�N�I�5FC71 ....�-^�•" i&..�I.D.�.7�,. H.4.1�. aasa a. ewaase eru� CHRISTOP�IER M. MATTS VOL. �5�� P9. 2398 GD.�N.1�. C. T. � wY � ;- -y � r� i POINT OF � d +�C�4 � ��',3 � ,, ; "" : z�ao s. eo►a�i�eA71� — — �' r � LOT 3A JOFN P. DAt�Y — — — � � �`.. � vo�. issr. as. es9 k o.A.o.c.T. , e- s•ss�o�• R-1047.50' T�63.47' L�126.79' Cb-SO4'34'35"W Lcmi26.72' P� 4 "�1�"'�9Cp" �� G1d7. �t�' �� r �a. �� ° �, �, �k��N�i��,�•q!»E � ,�;„"�" L��p.49" ��" �,M 2321 HI6FiAN0 PApf RD MILTON B. CLEAi1MAN C �:d�"�a9�. N4P�1�'i'N, A. CI.EARMAN qP,tl�.. Ald,�'i' PB. 2Pi9 q, �d, I�. C. T. , � �� + i � �� / `'+ °:� _ _ .. � r � '�- w "� i ` . 1 _. � � �..�� W. ___�„,_��^.ri._ / / / / �"_,.�..°-�- i�'.�„.�.�. ,� 0 _.....�. �� BASIS OF BEARING IS NORTH AMERICAN OATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL PARCEL 17—USE-3 BEING A 4,522 SQ.FT.�0.10 �� UTILITY & SLOPE EA�� 'T SITUATED IN THE 0. S BRE�PSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS GpAPHIC SCALE �•.�� 0 5�1 i �f� 150 � � �� ,.� �" "� � � ; a�, o� i ar � �.. .. � . x �. .. d" N 6of8 DATE: JANUARY 2014 J/Danton/Pf7-USE-3 Page 2 of 3 EXHIBIT "A" PARCEL 17-USE-3 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.10 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot 3A, Solaz Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton ��u��;y� 'T"�� and 1�� in the existing west right-of-way line of Bonnie Brae Street �1�;�^�i�a� �; ��r��a�le wi�i�t I�..O.W.), "��1°�:i" %�� {��"�`��°" ��t� �.l�a�;� s�.�� t�r��. �� at�� +�� 1�ra�� i��,� �a�" :��.�� "�t t� � ��i�t, �€�� +�i�t �r��.�� r� d�a� ��t� Yi�z� �i ��a� ��rt "�+i. »�c�a��, ,��. t�� and being the northeast corner of Lot 1, Solaz Way Addition, as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common line; "�"1f��1"�� t� �8°4��''C��"" ""�'�� l��ri�� i��;��, r�r��t ��a��c�� r�� ine �ad' alc�r�� ac� ��.r�r��a ��x��, a da�ta.�u� ��" 35.4� ��t t�r a��i��, �`ar t1�� ani�� ` a n��.��.�� curve to the right having a radius of 1047.50 feet and a central angle of ]°OS'40", and a long chord which bears North 00°33'41" East, 20.01 feet, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); �'�i�� a��z l�ax�, �;�ong said �a��r�c�sed west r�� 1�ne and �� -�� r��'�� i�a �� r��,lat� an azc di�� of 20.01 �`��t �� a��a�t for the POINT OF BEG�NG; �`��1�'�L �►'�rat:� 8�'��C��°" e��t, le�vi�.� ��i� ��aa� w+��t a��;�� v�� i��, � dis�.��c� c��" � �.�� i� a p��rat �"�� c��er, �� +� ��ra�� +a� �. ��a��a�� z�� +� the r�i��t having a radius of 1063.50 feet and a central angle of 6°58'19", and a long chord which bears Noith 04°33'29" East,129.33 feet; TI�NCE along said non-tangent curve to the right an arc distance of 129.41 feet to a point for corner; THENCE North 08°02'38" East, a distance of 153.20 feet to a point for comer, said point being in the north line of said Robert W. Jones, Jr. tract and being in the south line a tract of land conveyed to Jones Family Trust, as recorded in Volume 773, Page 55, Deed Records, Denton County, Texas, being a common line; 7 of 8 EXHIBIT "A" Page 3 of 3 THENCE North 88°38'S4" East, along said common line, a distance of 16.22 feet to a point for corner, said point being in the said proposed west right-of-way line of Bonnie Brae Street; M�,��'��iC�E ��tatk� 0��"��"�8" �'�� w�� i ��°��d v�� r��,t-+�t��ra�.� �ine, a d��t�� ;��.�5 �� a ��r�t for ��r�,�;�°� .f�r �� ir�a�� o�'� t��s�t �;�a�°^�� r the left !��^�i�� a��.�ius r��" 1�47.�� ,� c�r�i�� angle of 6°56'07", and a long chord which bears South 0��"��4'��,, "�w"�st, ��w7;� �"�� "�"��t��"�� ni:i�uza� �� said ��a��rs�d west ri�tµ�� v�� 1ia�e and al�o�� c� ��ve to 1�� i� �.�a �n�� d��;� of 1��,"7'� feet to �� `�T��" OF B�� i and CONTAINING 4,522 square feet, 0.10 acres of land, more or less. 8of8 ATTTACHMENT 3 TO PURCHASE 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. TEMPORARY CONSTRUCTION, GRA,DING AND ACCESS EASEMENT THE STATE OF TEXAS COUNTY OF DENTON § § § KNOW ALL MEN BY THESE PRESENTS: THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas, 215 E. McKinney, Denton, Texas 76201 ("Grantee") a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said Grantee in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now or hereafter be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under, over and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The Grantee, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under, over and across said Property for the purpose of access, construction and grading activities or any part thereof. The term of this Temporary Construction, Grading and Access Easement shall commence on the date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2) years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) April l, 2022, un(ess the parties mutually agree in writing to an extension or reduction of such term. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the �� day of � , 2018. Grantor: JONES FAMILY TRUST ��.. BY: w �. ._._��;.~� �� '�� Robert W. Jones, "� L:�t�� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on � �, 2018 by Robert W. Jones, Trustee of the Jones Family Trust. �.�:�.,:�� u��r��r�a � _��.�..��.._��..��.mmm. '�� +��N�� par�� Notary Public, in�and for the State of Texas ;�p 'li)/�'t1��1� k� h!'�. 1��1�� My Commission Expires: �� w �'��µ. AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 2l6 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson �� vo� a�i ,p �� YI3T➢NVtl� A+�:C�� 'S�r�� .�. ,.,— . ..... ...... .__. .,,�. _,.. ��,.,� ...... _., ...w d� tl%,� � i �_ EX19iIN0 ACCESS EBMf VOL. A4N%9 P6. 2359 �:�o: �. o. T. BERNIECE K. JONES 6 R�ERT W. JONES VOL. 773, PB 63, O.R.O.C.7 CONVEYED BY DEED TO JONES FAMILY TRUBT VOL. �I��T� P0. 2359 C�. R,i�. C. T. EXHIBIT "A" �� _.�.__� ....�—� 143�d� 3P��2' U�'�� BRAE `^—.r-�p w�'1N� T� �� I T. �@�. t37-Flti'1��'ip�i" I �,o-a.�,�.�'. �;��'��'.��•�-� ��.�� r��' I �r�r� � � . _�_ LL� .� �� ""3�" ° �p3,"�:, ... ��:�'� ��,.� "��.°�7"��' ...... .� r r�� « '�^� � NB9 '38' 03 ""' 22.0�� .�. �. �� t��iar w. w�� v�s�, �� r�, �� #�.1�.p. C.T. ��a�A��w�� t�^� a��G� i'n Jt�hRC� �`+�S�LY Tf�l„d�1" v��.. ��!;�,� ��. �,�� u.��.C�.r�.r. `'�,.'�,t` Y X X h� r a `p w � ; �� . ;""" � p �. ; � ..�� `��,�rr Y�il :tl�� "�� e .� �.,��!�r _:�!a�"�� ra_ .. .�""�a�x�� zerr�,�'.�, �m"• ..Y V t ,, '""",m,..a, � y �� . � , a � ' I ; � i ti � r t {� r p V l � Y � L h I I ,, ` V N ; ; q � � � � � � ; 9 b � � r � � n 1 � � I 1 �� 'I ; � � k} I & � .X . . ; ��.. �,�' I � � � � � � , �� i ; � � �. ; � � � } a ,, .; � �� s� c� �i. �� , r�� , « � � � 1 .� , � � � � � . SY5TEN3 TEXAS NORTHACENTRALE COORDINATE BA5IS OF BEARING IS NORTH AMERICAN DATUM �"�1'57"W '��n 81' P17—TCE-1 BEING A 759 �+�.�°�./0.� � r � ACRE TEMPORARY ��1��TR�'�"T�i�N EASEMENT SITUATED IN THE O.S. BRE�PSTER SURVEY ABSTRACT N0. 56 23lS YIILIOMWODp ST. ELiZA T, BHOCKLEY INST. ND. 200'5-74289 o.n.o.c.T. � "�� '�� DENTON COUNTY, TEXAS o �� „ ORA IC SCA E !•�500' ��h�+�rr� �w��t�� Irr�. o � �� , �� DATE: AUGUST 20�4 J/Denton/P37-TCE-1 Page 2 of 2 EXHIBIT "A" PARCEL 17-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.0174 acre tract of land situated in the O.S, Brewster Survey, Abstract No. 56, Dcnton County, Texas, being a portion of a tract of land conveyed to Berniece K. Jones and Robert W. Jones as recorded in Volutne 773, Page 63, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records Denton County, Texas, amd being more particularly described by metes and bounds as follows: COMMENCING at a found 3/8 inch iron rod, said point being the nortl�west corner of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Deiiton County, Texas, and being tlie intersection of existing east right-of-way line of Bonnie Brae Street (having a variable width R.O.W,), and the existing soutli rigl�t-of-way line of Willowwood Strcct (having a variable width R.O.W,); THENCE Soutl� 16°48'OS" West, leavi�tg said intezsection, a distance of 105.24 feet to a point, said ponit being the nortl�east corner of said Jones tract, and being in tlie southesst corn�er of Tract 19 as conveyed to Scott Brown, as recorded in Instrument No. 97-R0047097, Deed Recorda Denton County, Texas, being a common liue, and being in tlie existing west xight-of-way line of Bonnie Brae Street (having a variabla width R.O.W.); THENCE South 88°37'43" West, leaving said existing west right-of-way line, and along said cou�►mon liue, a distance of 36.22 feet to a point for corner, being the POIlVT OF BEGINNING; 'I'E�NCE South 00°21'S7" West, leevin� said common line, a distance of 34.81 feet to a point for corner; THENCE Nortl� 89°38'03" West, a distance of 22.00 feet to a point for corner•, THENCE North 00°21'S7" East, a distance of 34.14 feet to a point for corner, said point beiiig in the north line of said Jones tract and the south liue of said Brown tract, being a couimon line; THENCE North 88°37'43" East, along said commoii line, a distance of 22.01 feet to the POINT OF BEGINNING and CONTAIIVING 758 square feet, 0.0174 acres of land, mo��e or less. � � � � �� 2of10 PAGE 1 OF 2 SB24 S. BONNIE BRAE JONES FAMILY TRUST VOL. 773. PG. 63 D.R.D.C.T. f900 S. BONNIH BRAE BONNIE BRAE OENTON a��r��x. r.�tr �„ut' z� �a��c a N � a� �ru. a�n��xY�wa. �a�. �, ea�. �s�� P.R.D.C.T. S89 '42' 09"E 40.00' N00'17'51"E 73.00' w � �....... .. k : .__tl_.._ u n � 0 e •ry �, �e � p � µ w �� swr�� G"` ; r � r , r . � ~ w i 4 � U p t p i s +'. a a� � � �� r �r d � ' �` � m \ m'` I: � � ` ,~�" � X , . �,, � L X � k I l 1 0 1 q y,,. . �,._1 0^ " � � � \ " " �r' a � � , � " ; � � � �' ; . s._�._ � s �_ �. _ _.. � � � / O ��'..,� ��r��a�.��. POINT OF BEGINNIPTG 1824 S. BONNIE BRAE �° S00'17'5i"W JONES FAMILY TRUST VOL. 773, PG. 63 D.R.D.C.T„�� 73.00' CONVEYED BY DEED TO JONES FAMILY TRUST VOL. 4913. PG. 2359 D. R. 0. C. T. �}g�p'42' 09"W 40.00' � ; � � � � � 4 ti ' � � Y ' , ; m � ; � � ; , ,y I ' �; � 6 p ` ,R � ' r l 'b � � d w i 23f5 MILLONIIOOD 8T. ELIZA 7. SHOCKLEY INST. N�. Z005-7�2BB O.R.D.C.T. !B/! B. B IE BRAE LOT f. �6CK !, Ift�� Wd��-00 79�29 D.R.O.C.T. \ \ SYSTEM3 TEXAS NO�� BASIS OF BEARING IS NORTH AMERICAN DATUM RTHACENTRALE COORDINATE P 1 7— TCE —,�. BEING A �,�� "�"��'"�.t�'� A�� TEMPO;� �" C�T�'��!'i�"��iN + �EMENT SITUATED IN THE O.S. BRE�PSTER SURVEY ABST'RACT N0. 56 fiW►PHIC BCALE ,•.�oo� ra ham ��i�� Ir�� DENTON COUNTY, TEXAS � � �6N�1 �� 4� Pt.�H�� p "�� 100 !60 �� DATE: JANUARY 2014 �� a�� 3 Of 1 0 J/Denton/Pi7-TCE-2 Page 2 of 2 EXHIBIT "A" PARCEL 17-TCE-2 LEGAL DESCRIPTION � TEMPORARY CONSTRUCTION EASEMENT BEING a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Jones Family Trust, as recorded Volume 773, Page 63, and conveyed by deed to Jones Fanuly Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: ' +��:�rl �T�"�G �� te�� i��n post, s�ad ��i�i 1�� ii�a� �a�wr�.hr��st �a��r �t �,.��t 1, �� I � ��a�� C��fl� .�.c��liti�� as record�� ir� ��t 1"�, �� , �'�at :1�.��ar�.s� ��on County, Texas, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instn�ment No. 2005-74299, Deed Records, Denton County, Texas; THENCE South OS°36'S3" West, a distance of 513.07 feet to a point; said point being the northeast corner of said Jones tract, and being in the approximate centerline of existing Bonnie Brae Street (having a variable width R.O.V�; �"�� "c��a �5��42'��'" 1�"�� cavi�ug s��d ��r��a��e� ��at�rl�t��, and �la�� the ��tl� ��.�z� ��" ��i .N�r�es �°��t, � d�s�� rf � ��.�� "��t �� u��t� �� p�int b�i�� i� the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O.V�; �" �� u�� i��°�7"�i" 'U�'��„ 1��:n� said north line, and along said proposed west �a�1��;-�� r�� as��, ��3�st,�t��e ��" ��,27 �"�� to a point for the POINT OF BEGINNING, `�M ��:� �"+�r�t� ��p°�'�'S1" '��, co�a��us�� along said proposed west right-of-way line, � ��t�ra� c��`�"�.f�i) ;f`�� to a �i��,�t for ��am�r; �"��"�� 'iC�'�r�� °��'09" "��t, leaving said proposed west right-of-way line, a distance a��F4�.�u� �"��fi � � ��z�t for �+��°t��r� THENCE North 00° 17'S1" East, a distance of 73.00 feet to a point for corner; THENCE South 89°42'09" East, a distance of 40.00 feet to the POINT OF BEGINNING and CONTAINING 2,920 square feet, 0.07 acres of land, more or less. 4of10 � ; � N07 '34' 26"E 50.00' X I lZ 11/�11 h �I � r I� I 1 � I i;, �� .. _..�....e....�..... Q� � � ....�._..a��^,,,� � "� �s ..... ..� , � � � " tl � � ; � � � PROPOSED -� � � � n �� R.O.W. q �' ti �� "" ° � � « F�G�C� d � � i ,� , 1� " � II "� � � �� ._ �r� �p � `��"^ �d ., :�.. , t N82'25' 32"W 4�. B4' --�"` �� i�C1�kRT W. JONES. JR �� VOL. �73, PG. 55. O.p.O.C.T. � CONVEYEO BY DEED TO p►B3'33'24'W VO�L�.E 49 9 I PG T 2359 21. i5' �� D.R.O.C.T. � .�.. _.. ..... �. � J �_ p ......._ .. .{.... ��"�� C�" M�. ��""„ ��.„,�y^'� �•�"'" r SBB'40'03'W 35.44' L0T f JEAN N.O. TUIRIELL INST. N0. 2032-89612 O.R.D.C.T. 2218 S. BONNIE BRAE LOT 2 CFMiISTOPFIFA M. WATTS VOL. �3l02. P6. 2398 D.R.D.C.T. ��8'43' iB"W 50.01' A*� 6'25'A5' R� � 4d+�7. 50 � �'�� ' �.�^'��7 �4, �Is�N�� ' 1�' 44"E Le�317.48" 2324 HIGFILANO PAHK RO MILTON B. CLEARMIW C SPOUSE, ANITA �. CLEARNAN VOL. 4d97. P9. 2219 D.R.D.C.T. Y� � � � , ,� ,... � �.� � � r� � « �A��g� q�g, ��y�� %,+A;P� Ai1 � Lta � � Iw alt�k"`.,r%"�M \ a / M .� � .............._ .... 1 � ` ` / � `+ _ ! � `` � � � � ��. _ � ,„ ., .,.,.� .. _. _ _ ,r.f.A'�J✓ e � � / --rr��^ J.�.�... .� ..............:��.�.....W�..�,.........,_,......_.... ._... LOi � .,.... � _ � ' ` • 2220 S. BOMIIE�IiA� -- � y" JOFMI P. DAq��Y �� ` i i VOL. l�d. P8. 999 � i U.FI.C�.C.T. w r _ _ �,...�....._.�... �BA5I5 OF BEARING IS NORTH AMERICAN DATUM OF l9B3 (NAD—B3) STATE PLANE COORDINATE ' SY5TEM. TEXAS NORTH CENTRAL. PARCEL 17—TCE-3 BEING A �� "� ��"��'��« ACRE TEMPO� "'�" C�)I��TR��'��N EASEMENT SITUATED IN THE 0. S BREWSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS gpppHlC 9CALE �•.�oo� '_�"� � w � � � � ,� ►� � � ^�, �� .�� . ,r � , � » � M . � �� .. � , „ . , . y� 5of10 p 50 k{d� !60 DATE: JANUARY 2014 J/Denton/Pi7—TCE-3 Page 2 of 2 EXHIBIT "A" PARCEL 17-TCE-3 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.05 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more pazticularly described by metes and bounds as follows: CONIlVIENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot 3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton ��iy� "��, and ��; in the existing west right-of-way line of Bonnie Brae Street �ha��r�,� �u v��:N�le wid�� Z�.O.W.); ��i'�C.� .�iC��l� ��°��"54" ��:st, �l��a� ��i� ��ta,�g we�t r��r��+�� 1��, � ci��t�� ' ��.�7 �`��t �� i�t, �aid �c�� i�� u�% line cr� ��i�' �„�� "�"y Ja�;�s, ,ir. t�� and being the northeast corner of Lot 1, Solar Way Addidon, as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common line; �� a��a�� 8°4�"�i�"'" "��id��t, l��vi�� a� ��t��ti�� vv�� `��;� line �a�� a�� s�� r ��a �it��, a �a�� c��` �5.4� �"��i �r� � �o-c�i�� "�a�° CI�� i��i�� f a n�an-��ai� curve to the right having a radius of 1047.50 feet and a central angle of 6°25'45", and a long chord which bears North 03°13'44" East, 117.48 feet, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O. W.); ��,��'� 1+��in.� ��# �� . �� l�a�, ��,� ��id ��°��osed �v��t ai�k��r�«�a�� line and a��r�� .c� ��«t��t c�a�v� t�a� �l�e �i�,�; � �� rl�st�ar�� of 11 "7.�� "��t %+� � �rc��r��; TI�NCE North 83°33'24" West, l��ru�� said proposed west right-of-way line, a distance of 21.15 feet to a point for the POINT OF BEGINNING; THENCE North 82°25'32" West, a distance of 40.84 feet to a point for corner; THENCE North 07°34'28" East, a distance of 50.00 feet to a point for corner; THENCE South 82°25'32" East, a distance of 41.85 feet to a point for comer; THENCE South 08°43'18" West, a distance of 50.01 feet to the POINT OF BEGINNING and CONTAINING 2,067 square feet, 0.05 acres of land, more or less. 6of10 � +�M7�lw �°"AuhNB,W�,,,y' "T9'�,l�'T Ya.. 7 P'�, t��. °�t��N b. N7,�tl��., t„, T. a�� a�"��"�""� yywM�Y ��Y Q�'�� ROBER7 W. JONES, JR VOL. 773, PG. 55, D.R.O.C.T. CONVEYED BY DEEO TO JONES FAHILY TRUST VOL. 49l3. PG. 2359 �.R.D.C.T. � � N8B'40'03"E 949.49" � a �� . ...�. .. .., ..�. . . S8B'40'03"W 904 BB � �� ..... �.;..�� i+ � z r ua. �� ' h�� ,�� '��. c.�� ° 0 J ._. .1..��. � � � p � 1 Y I 1 X ' q ' 0 � Y ` � � _.� �»�"�°` i r r _ r fj` ; .. G � t � r � �� .� .�� SBB '40' 03"W 26.39' see•ao•os-w 35.44' LOT 3 «�aw H s Itl�'�.l. P�,p�r��q IM�C'wi. M�tY 2�i!"�"-4�6'i2 �,�,W. �.�a o.c.x. 1 � r ti ry „� i 0 � s M tl "� �. 'N � n � � 1 9 , a �ti�'43' 18"W 50.78' ,P��' '�""4�"�,&.�" 9��'kClA"�. �Y � � �� x�� 9� �IC�� "��'00'E �'�, L� ��1. ��i " , �� ,�` `Y` w� �w 232� HIBHLAND PARK RD M MIITON B. CLEARMAN C � , 6YOU9E, ANITA A. CLEARMAN VOL. 4497. PB. 22l8 g �-- O.A.O.C.T. 2 ,�.�" 22f8 S. BONNIE BRAE s LOT 2 CKiISTOWIER M. MATTS VOI. SgRp3 PB. 2308 D.q.I�.C.T. �� .� / �- � '� /�,� =ti �� ; "��,��,»� �"+��i"�" +��" �° ; � . �� , �" �"�"� rua� wr�;,1. � � ; , .� ...._ �.._.__ � A i � ��'?[p 9�, I��d� .V..V. �...� . ` Ll��dk +JCkFVN 1�. q�I�Y � � � i 'M�1V�, ]"�l� 1�, t,�� r �.I�,p.�.T.� y _,. w_ _� �.��,,�.. i � / � �-r- -��,�� ,.��.�� BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 17-TCE-4 - BEING A �w�,�� .�"'"�''.�1.16 ACRE 50' TEM�"i��' !��"�TRUCTION EASEMENT SITUATED IN TflE U.S. BRE�'PSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS ��,IC � ,•.,,,, 0 60 !00 150 r� w 4 s' r F � � r � �^ •+� A. riM. �M � 7of10 DATE: JANUARY 2014 J/Denton/Pi7—TCE-4 PAGE 2 OF 4 EXHIBIT "A" JOI�E6 FAHILY TRUBT VOL. 773 P6. SS, O.N.O.C.T, CONVEYEO BV �ED TO JONES FANILY TRUST YOL. �973. PB. ?3S9 O.R.O.C.T. �� M � � �'•� �p�RT W, JONES. JR VOL. 7��„ PG. 55. D.R.D.C.T, 17 �33' 34 "E CONVEYEO BY DEEO TO 105. 69 � VOL� 49 3 I PG T 2359 '~ O.R.U.C.T. � � E 949.49' � _ , NB8 '40 ' 03" , �. � a � � " "' • S88'40'03"W 904.BB' �� ua�� \ .�� a�.4. �pr�� a�~r. wre�. eat�—�is�a� �,�.t�.�.�. :� i7 '33' 34 "W 52.85' ��'� '40 ' 03 "W 52.85' �� y �~�. �� '�"� �^.� +�'p:�° � LOT f JEAN M.B. TUTAIEI.L INST. ND. 20l2-696f2 O.R.D.C.T. 2256 S. BONNYE BRAE LOT 2 CNRIBTOPM�R M. WA7T6 VOL. 5102, PG. 2398 D.R.D.C�T. � 4�� „�� T"�."�'�+ BASIS OF BEARING IS NORTH AMERICAN UATUM OF 1983 (NAD—B3) STATE PLANE CODROINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 17—TCE-4 BEING A ��,�� .�""�.�1.16 AC�� 50' TE� � �w � �' �+�,�"��TftUCTION ��SEMENT SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56, DENTON COiTNTY. TEXAS �"'�'10 � '•-'°°' i �tr�a��u �,��6�� M�� N'��L�"Ih1d� �f��N�l� �C RM�MN��C'� �� p�� arn �r � F�ti�� y �� o �� soo sso OATE: JANUARY 2014 8 of 1 0 J/Oanton/P17-TCE-4 Page 3 of 4 L��f'-3��/_1� PARCEL 17-TCE-4 LEGAL DESCRIPTION 50' TEMPORARY CONSTRUCTION EASEMENT BEING a 1.16 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in, Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the northeast comer of Lot 3A, Solaz Way Addition as xecorded in Cabinet H, Page 44, Plat Records, Denton �cr��, �"'�� and b�a.n� in the existing west right-of-way line of Bonnie Brae Street �h�vi�� v�r��ble wi�t� �,.O.W.)� THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of 348.97 feet to a poin�t, said point being in the south line of said Robert W. Jones, Jr. tract, and being the northeast corner of Lot 1, Solar Way Addition; as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common line; `�'��'�;�� a 88°��'�:�"' "�4"`��t, ��,�►�ri�� ai��1 �x�s��a�� ri��a�� r�y li�� c� �lar��„ s�ui�i' ��r�a�� 1��e, a dis��eac� �o�" ��.4� �"��t t� � ��:ir�t, �� r�� f � �c��a�t�a�� curve to the right having a radius of 1047.50 feet and a central angle of 2°44'18", and a long chord which bears North O 1°23'00" East, 50.06 feet, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable widt}i R.O. W.); "�"��:� ��riz�� i�l �r�r��a�a� �irr+�� i�a�� a"� ��ra�osed west ri,��.,r�� av�� line and �1�►�n� s�id �.�r��t ��-v� �t� �� a�� r� da�� of 50.06 feet k� � �r�i��t, �`�-�`�"�i�� r��6� �'��4�'03'" ��t, leaving ;�� r��+��s�d west right-of-way line, a distance �a�"�+�,�9 ��t tc� � ��t for i�� INT OF ��i1'��; THENCE South 88°40'03" West, a distance of 904.88 feet to a point for corner; THENCE South 17°33'34" West, a distance of 52.85 feet to a point for corner, said point being in the north line of a tract of land conveyed to Jean M.G. Tunnell, as recorded in Instrument No. 2012-69612, Deed Records, Denton County, Texas; THENCE South 88°40'03" West, along said north line, a distance of 52.85 feet to a point for corner; THENCE North 1?°33'34" East, leaving said north line, a distance of 105.69 feet to a point for corner; 9of10 EXHIBIT "A" Page 4 of 4 T'HENCE North 88°40'03" East, a distance of 949.49 feet to a point for comer; THENCE South 08°43'18" West, a distance of 50.78 feet to the POIlVT OF BEGINNING and CONTAINING 50,323 square feet, 1.16 acres of land, more or less. 10 of 10 ATTACHMENT 4 TO PURCHASE 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. SLOPE EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining lateral slope in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said lateral slope features or grade, or any part thereof.. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Properly by Grantor that may impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shal( be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter Iocated within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with Grantee's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness our hand, this the ��, r�ay of ��, � _�, 2018. Grantor: JONES FAMILY TRUST _�_�� BY:�.�, ,,�"b_..... � `�� Robert W. Jones, �r�i i� THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on_wwwww'w wwww��w��"wwwwwww�"�__, 2018 by Robert W. Jones, Trustee of the Jones Family Trust. � � �� r� �' ��...w �� . �� "+ ��y ��,�,�,��fi�., ��i��,� Notary Public, in and for the �State of Texas �� ,�"" ""�� In No. 1��3�'9L�1�4� My Commission Expires l��°� �� _ t� AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 216 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson 3 EXHIBIT "A: rece t aF a �� a� x, � , r• ��" � rW ��,�� C;, �✓ 1824 S. 90NNIE BFAE JONES FAHILY THI15T VOL. 773. PG. 63 O.R.D.L.T. CONVEYEO 6Y DEEO TO JDNES FAHTLY TqUST VOL. 4913, PG. 2359 D.Ii.D.C.T. �� x � �� x�a.� i.a�� ,. a�rc� ncr� 1 ru �� '� �i�u7��tMr� � � .. .,. _ w. °�.�i.'sa � 'a. I / f�� i .m �J i. . . , � � a 1824 5 04NNIE BRAE JONES FAMILY TFUST VOL. 773, PG. 63 O.R.D.C.T. CONVEYED 9Y OEED TO S89'42'09"I�' JONES FAHILY TRUST VOL. 49l9, P�. 2359 d.00' O.R.D.C.T. R�932 5042 ..��,..,`.'".,� � T�4! . 49 ' ..,,.'�•-•,„�, L�B2.92' Cb�N05'29'47'E Lc�82.90' WaB'02'3B"E°�.,,� 21.59' ..._. .�... t�� u. ,�� w� , a��a .a�a ;��u � _.. YOL. 7F3. p61p. 44�. 8i.d-0.f1�,C'� N 4,�'�" .�� GK�riP ..��Mb7�4,_��Nif.!�"& ��' �M� �� f �u�.��s�a��d.c:�r'.'�� '�� II 9ASI5 OF 6EARING IS NORTH AMERICAN OATUM : ��5.➢�"��i��E� � � ' ''°' " , ��/J� . _ rw�� r�r r ti� � � a �µ .� � � �� ti � i i t i •i 1� � � r „ ppro \ �,� �y � � �� , �: ,�� , w. � ��,��rv � � � �� .��; a �'�� e �� „ � � � a. ' � �� ;: � � ` ��. � , � �; �� ' �� ......... ��..�,.m ._ ��" W dl . ; .,..�.��'3B'W �Q.�'�" ra�as s. �ew�� ru�� ,�sr �. rw„e�rs a. �r�w c nr, rwer.��t� pr�sb. w�. �•aaar�asa a�.�N.�a �;v. � tl � v ' � �^�&�&�",�� '��9"W r � r ��,ia�7. 6 ��° �p�1 � � �� ^�y . �`'�'�°�� e= 5 '06' 23' R�936.50' T�41.76' L=B3.46' Cp�^305 '29' P7' W LC�B3.44' OF ]9B9 (NA�-B9) 6TATE PLANE COOROINATE 9YST6N TEXAS NORTH CENTqAI. P 1 7— SE"- 1 _� ...�.� � BEING A 418 3Q.FT./0.01 ACRE SLOPE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT N0. 56 w.R+i� �e r.�oo � � ��. DENTON COUNTY� TEXAS �" "�"�W�' �rsah�ar�r� �i��l��a�� _ .. .. _.�,. 1."f�9WIG �M� � �A� 0 �� tirr� 18E � � �"�"�"°` � ��iaw �"�� "reo"i'"� DATE: JANUARY 20 ] 4 � �ar r acsa .�__��-�.�,. m.�� ..�...�.�..�.��w JlOen:on/a17-SE-t Paqe 1 of 5 Page 2 of 2 EXHIBIT "A; PARCfL l7-SE-1 LEGAI, DL'SCR[PTION SLOPL' EASf MGNT BCliVG a 0,01 acre trect of land situated in the O.S. Brewster Survey, Abstract Na. 56, Dcnton Couaty, �°�x,�s, bei�w� � ponC�c�t� of a t��t of lend conveyed ta ,��es i°'�n��y Trust, �� ;�cr�a��a� Volume 773, �� Z3n �and co��r��,�ed �y ��ed to ,�'+��es i'amily Trust, as ��a�rdcr� �ru "�olume A9I �, P��c ��59, Deed Rec�ra��,, Denlon County, TexaS, and being more particulArly described by metes and bounds as follows: �,%�8+��,�J��"�� "��rrrc� �rcab� ��r��', saiel ��inl ia�ir�� th�� rt<sril�r�r�st c�r��r v9" l��at l, �Na�k 1, ��+��i �'r�ek ,�c��it'warr, �� a��ar�9� �r� �;�t��r�t M, C"�� S0, I'''B�t N�a�z��r�c�s, ��nkon �c�w��t'y�„ 7"�x�ass �r�d ��in�; ira �l�� sa�u:l� C��+� ��° �, tr�c:� �C ��r�w� ��v�.yass� to �:4a;� T. �1��k��y �s ��cae�z�ed r� '�rss�run�crrc ��s. �Q�5��2��, Dced Records, Denton County, Texes; THENCE South 04° 1 I'02" West, a distane:e of ? t6!l5 fcct to a Qoint, snid paint bei�►g the sout4�east corncr c�i's�"r� Janes t��, and being in the r�p�r��rt�4� r�,^ntcrline of ��g��ng �r��ra�� B;ra� �'trcet (kr��ur�g a v�a�oa�la� width [�.(;�.W), and being tho ►�� r�cr of a tract o�" I��d corr��y�c� to ��ti��rt W. �carr�� Jr., as recrar�'� ii� Volumo 7�':�', �� 5, �a�� a�rw��d hy dced to Jones ��mily Trust, as �ecorded in Volumc 4913,'��,�,�, 2359, Aeed L�,r��rr'�;s„ �icr�t�rs �'��n�k°y, Texas, being a��anmon line; T��'��G South �F��B'��" West, leaving ��M� ��S�ac°��imate centerline, and elong said common line, e �i�t�� of 55.27 ��t �� point ibr ihc PO4�"1" C�F ��;�riNN1NG THENCE South 88°38'S4" Wcst, continuing along said common linc, a distancc nf 4,05 fcol t� a point for corne�; "�""P�C�'�N�� r�l� �1��4��""i�'" �z��sC, l��vr�n� s�i�� ar�ta�r��r [ir��, � a�i�x��►�� r��'�1.59 fcew t�r � p�i�C �'t�r comer, �"�ar �h� �e��¢nr��n� a�"n t�wt��;�t �r�rwr� �r� �� l�F� h�v�n� � r��9�� r�i'�,��.�� C�et and a c�.rztre� �urro�� of �°QS'��"", aA�cl �r I�� e��c�rd var��u �a�nw°s �I�r�h C�S°�'�"�i°' ��,�� ,'�U ��et; TH�'NCG alon� said tangent curve tu the leR, an arc distance of 82.92 foet to a poinl Car corner, said point being in tfie proposed west right-oF wey lin� oP L3onnie Brae Street (having a variabfe widlh R.�. W.); T"f°�'�i�� c��1� 8��"��°" �u�t� :aN�an� s��d ��t��'� vv�st ri�ht•c�t"-�v��' �i�,�� t� disl�n�� csi4.00 feet t+� � �ar��nt %ac +�c�ra��r, k"�ar tkic ��°t�ttirm� ��"a t��t�-t�r��„��wt �uru� �� t�� rwgiat �^��+�isa� � ra�Mt�:� �a�" �"�C,SO %01 ��r,d o ��t�a�N �r��u ��'��a'��""b �mi� r� l�r�p� ��r�9 wlrr�c� b�mr:� �cs��la �YS�'��"�7`" ��. 8�.4� !'�c�� TH�N�"i% pl�aving said p�ra�c~�:�ed west right•a�f��^ey line, and along said non-tangont curve to thc �ight, �� arc distar�� oC 83.46 �"��;t �� a� point for ca��r�r,� THENCE South 08°02'38" West, a distertce of 20.92 feet to the POIN'f O� BEGINNMG And CONTAfNiNG 418 square fcet, 0.01 acros of land, morc or lass. Page 2 of 5 IPAGE f OF 3 EXHIBIi "A: NBB '3B' 54 "E ,� 4.05' �...�__ _. ,�m. "4.y JDAF9 i�M1lY TPUiT� Vd.. 7}3. PG. SS o.aocT y cn��r,c� av rt��;�tsa �,,��° �rw r�rRr� �* r � ar�, �� "�c �� r.��^°r��+r n.�a � r x��„� ..�� .._.�.W, ��. �� +��• � �� .�� Wl,�.a.�.__. w I� � �, � r � + � Yp ,; � N X " � i � ` � . �,i � ` "�"" P qaBEqr w. ,1p1�5. JR w ' °' VOL 773, PG. S9. O.F.O.C.1 ` �� , � GONVEVEl1 UM OEEO TO ��i3��' ^ JONES FANIIY TRUSf � �. .�.�5; VW : A913. PG. 2359 4"��. . u a.n.c.i. m�P� � z��' � � � ; � +., 569 40'03'W l0.35 � � � q � �. . . , .. ..._ , . .�. ._ ��"T—d�� _ r. . _ �, _ �. ._ � . �i'�i��l"�di:l��..�..d_... . ,--��— ; "� 1'�� d ?� 5�" sl� 4��'q z��j.�� g�1 �� "� � � .� SBB',0'03'N 35. �a' �.0� f JEAN P,O. 74�s��L4. PHIi�'�S�,C'�� ^" T�BT. NO 2qk9��,�^'G�i2 q Q7.ii, O.R,O �„ , azie �s. �aa� en.e u,�x a va s��oMa�.� Po. i"�e o.a.o.c.T, -A� 5'21'1!' R�1063.50' T�49.72' L�99.36' Cb�S05'22'03'W Lc�99.33' 'AO'03'N 16.OA' �""� # � r� �x""`"� e- 2•��to, �,.��"� H+f04i.30' �s'��'' T-25.04' ��.:��" L�60,06' Cb�NOf '23'00'E 'r� LC�50.06' "M�w°�' 8'��I M9S�J±R.ANCS M1*r�� NVI�S� 1y�4,"��'Y4 P�I. %1 N�0.l�il�il �' �k:. AiG�'�1W NV 2�.['NIR�rAiN WCIq„. ��:9J �{; �il] q�i�� YI � C ,. �F , �� . ., ,1 t o t �" �W d �,° _..�� _q� r» �.. � . ,.J,� , , , . ,. � r�. rr��a�a� ., ��,,� ��.W, .: 8ASI5 QF BEARING IS NORTH AHEAICAN DATUM OF L9B3 fNAU—B3) STATE PLANE LOOROINATE SYSTEH, TEXAS NORTH CENTRAL. � PARCEL 17—SE-2 HEING A 1,272 SQ.�'°��,�C�.f�"� ACRE SLOPE ��:,�NT SITUATED IN THE O.S. BRE�IiSTER SURVEY, ABSTRACT NO. 5fi� ' DENTUN CQUN'FY, TEXAS ��„« ,�� ,•_„o ��T �a �� "�� RS . � . ,. o,._,....,�.,_so too��..�..iso � ��, �y��,� �1;�� 7��y�..� DATE: JANUARY 2D1A „��P'dAiR�.�dRMa�ti.fl7�� 6�A�:yk��_.�'� Page3of5 Ya�e 2 o f 3 EXHIBIT "A: PARCEI, 17-SE-2 L�GAL DCSCRIP'TION SLOPE �AS�IviTNT IiE1NG a 0.03 acre tract �f If►nd situated in the 0.5. Brewster Survey, Abstract No. 56, Denlon County, Texns, bcing a portion af a tract of land conveyed to Robert W. Jones, Jr as recorded in Volume 773, Pagc 55, and conveyed by deed t� Jones �amily 1'rust, os recorded in Volume 4913, Pa�c 2359, Decd Records, llenton County, Texes, and bcing more particularly described by metcs and bovnds as follows: COMiV�NCNG at a found 1/2 incl� iron rod, said point being ttie norlheasl corner of Lot 3A, Solar Way Addition as recorded in Cabinel H, Page 44, Plat Records, Deiiton County, Texas, and being in ihe existing west right-of-way line of IIonnie E3rae Street (I�aving a variable width it.O.W.); THENCE North OU°17'S4" h:ast, along said existing west risht-of-wuy linc, a disifu►cc of 348.97 fect to a point, said point bcing in the south line of seid Robert W. Jones, Jr. tract, and being thc notthcast corner of Lot i, Solar Way Addition, as rccorded in Cabinel B, I'agc 196, Plal Records, Uenton County, Texas, being a common line; TNfiNCE Soutti 88��tU'03" Wesl, leuvin� said Cxistin� west right-of tivay linc and along said common linc, a dislancc of 35.44 feet to a poinl, for llie beginning of a non-tangent curve to the right having a radius of 1047.50 fect and a centrol nngle of 2°44' 1 S", and a long chord which bea�s Narth 0]°23'00" East, 50.06 fcet, said point being in thc proposed west right-of-way I inc of Bonnie Brae Street (having a variaUle widQi R.U.W.); THCNCE Icaving said common line, along said praposcd wcst right-of-way linc and alons said non-tangen[ curve to the right fui arc dislance of 50.06 feet to a point; T'I�I�NCE South 8R°40'03" West, leaving said proposed west right-of-way line, a distance of I 6.04 Ceet to a point for the POINT OF BEGINNMCi; TH�NCE South 88°40'03" West, a distancc of 10.35 fcct to a point for corncr; Ti•IENCF North 08°43' 18" East, a distancc of 133.15 fcet to a point for corncr; THENCE North 08°02'38" F..ast, a distance of 120.30 feel lo a point for corncr, said poinl being in lhe north line of said Robcrt W. ]oncs, Jr. tract and bcing in tha south line a traci of land conveyed to ]ones Family Trust, as recorded in Volume 773, Page 55, and conveyed by decd lo .lones Fsmily Tn�st, �s recflrded in Volumc 4913, Page 2359, Dced Rccords, Denton Counly, 'fexas, being a common linc; 1'H�NCE North 88°38'S4" Cast, along said common line, a distancc of 4.05 fcet lo a point for comer; Page 4 of 5 1 EXHI6IT "A: Yage 3 of 3 7'HENCE South 08°02'38" Wes1, Icavin6 said common line, a distancc of 153.20 fect to a point for corner, for the beginning of a tungent curve to the Icft having a radius of 1063.SU Ccet, a central sng{e of S"2l'11 ", and a iong ehord which hears South OS°7.2'03" West, 99.33 feet; 'THENCB along said tangent curve t� the left, an arc distance of 99.36 feet to the YOINT OF BF?GINNMG and C;ONTAINING 1,272 squaze feet, 0.03 acres of land, morc ar le.�s. � Page 5 of 5 ATTACHMENT 5 TO EASEMENT PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATUR.AL 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 50CIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS COUNTY OF DENTON DRAINAGE EASEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee"), 2l5 E. McKinney, Denton, Texas 76201, a perpetual drainage easement in, along, over, upon, under and across the following described property (the "Property"), owned by Grantar, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, and related drainage facilities and appurtenances, including without (imitation, the right to overflow the Property, in, along, over, upon, under and across said Property. The rights granted herein shall further include, without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, over, upon, under and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities and/or drainage features or grade, or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, a(ong, over, upon, under or across the Property by Grantor. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the S�`� day of ►'l�o�cw,,�c.✓ mm, 2018. 2 Grantor: � � � •�.� ,„ �,"�� '"" �� „,� � .,,�•;` BY• �.�._�,� �..� \ Robert W. Jones, "��°�-�� • � . � . • • � • This instrument was acknowled ed before me on __m_o�t,�� , 2018 by g . Robert W. J � ��' °� s � � f' � ,� . �T�a ��s d � � Trust. a� �,.�, ��urr�n � vwr��ht � � '� � My Cc��aml�alun �r�pGr�� a � �,, �,...�� 14�1�'MP��d�'� ..... ......... . . ..��.��.,,w. ��....��,_��..�._....�.�. N�, �,�, ��g�� Notary Public, State of Texas My commission expires: � � � �..� � . � b AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 216 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson 3 �PAGE 1 OF 2 VOL. 7i�, I�d�, Cz3 ti�.GI��.C7��.C.T... � �l�"'�w ��. �� Ey�' ROBERT W. JONES JR VOL. 773, PG. 55 D.R.D.C.T. CONVEYED BY DEED TO JONES FAHILY TRUST VOL. 49f3, PG. 2359 D.R.O.C.T. i,�r�r� � � ��.�.,�.�.........��..—u � � _.......�p` ^u ��,i.. . .. G � � � tl i, p " "e � � ti a � 1 p 0 PROPOSED w� o „ R.O.W. o ; � �, �; � F��N�� ( ^�' ; �� .��'� � 9 r 0 „ , ...�. �_ ii .....' �� ...� _ �� _� 'r' B � r � a N8B'40' 03"E 69.46' N00 '50' 03"W 2�.00' � �� p�s� �•.� S88'40' 03"W BB.9B' �" POINT OF HEGIIdNIIVG LOT i JEAN H. G. TINJfELL INS7. N0. 2032-89612• o.A.o.c.r. 22i6 S. BONNIE BRAE LOT 2 CFfiISTOPFIEH M. NATT6 VOL. �S9D'� PG. 2398 &1. f�. G�. C. T. N� � �.H,� -v / i' � M ��'�'�,w�� F� � « � '�.�.� .7`� �r�,M YaMA '1/�`�.�"•"�`� ? P , �„, ,�„��^ � � 4. ,� ,��} ,�. TD�9WX� � m m �^^ N , k��.�N7,9�� A�H�� . ,__ a.�. ..,.. ... ` r !3 R.[B'.d;,i. a e- � •oa' 41 • R�1063.50' T=10.01' �� L�20.01' Cb�S00 '31 ' 59"W �` Lc�20.01' ��"�� a��"��W �'�' 232� HIf�IiIAND PApf RD MILTON B. CLEARMAN 0 SPOUSE. AM�'Y�d4 A,� CLEARMAN VOL. x�a97 ��. 2�l3 p.�N�I�.C.T. i� �` /�,,..,.�. �`�� ` / � / �� / �� ..��. � „T:R'�d / ,�.„.� � .. .. � „ .� �� .. . ,� ,.�� , , ��.,.�..__.�J.�J....�'�+�� ._a._.��w„�. .iJ"J.��,,.._,. ��r BASIS OF BEARTNG I5 NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 17—DE-1 BEING A 1,784 ��.�'�"� 4�.�14 ,��E DRAI �i� � ��" SITUATED IN THE O.S BREWSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS ,��„I� �,,,� ,-.,�,, 4� 5d 3�D 150 �, . �,. � . � � � m � Mr s r ��r� a . p n.r DA7E: JANUARY 2014 J/Denton/Pi7-OE-i Page 2 of 2 EXHIBIT "A" PARCEL 17-DE-1 LEGAL DESCRIPTION DRAINAGE EASEMENT BEING a 0.04 acre tract of land situated in the O.S. Brewster Survey, Abstract No, 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particulazly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot 3A, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of 348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr, tract, and being the northeast corner of Lot 1, Solar Way Addition, as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common line; "�"�1�]'�+��; ��¢�r�� "'��°° 1,�?��, ��,�,�� ,�,�d existing west right-of-way line and along �� r�r��+�� „ � dl.��c�� cr�" S 1 ti�� '�i t�o- a point for the POINT OF BEGINNING; THENCE South 88°40'03" West, along said common line, a distance of 88.98 feet to a point for corner; Tf�NCE North 00°50'03" West, leaving said common line, a distance of 20.00 feet to a point for comer; THENCE North 88°40'03" East, a distance of 89.46 feet to a point for corner, for the begiiuiing of a non-tangent curve to the left having a radius of 1063:50 feet and a central angle of 1°04'41 ", and a long chord which beazs South 00°31'S9" West, 20.01 feet; THENCE along said non-tangent curve to the left an arc distance of 20.01 feet to the POINT OF BEGINNING and CONTAINING 1,784 squaze feet, 0.04 acres of land, more or less. 2 of 2 ATTACHMENT 6 TO PURCHASE 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. SANITARY SEWER EASEMENT THE STATE OF TEXAS, COUNTY OF DENTON § § KNOW ALL MEN BY THESE PRESENTS: § THAT JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining sanitary sewer pipelines, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following: l. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee sha(I have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Y � �� Y � ��. �� ' ..�: 2018. Witness m hand, this the �� da of �„�mm_m �_ a Grantor: JONES FAMILY TRUST � � � "� �� BY: ,, ,�"� � � � �_ Robert W. Jones, I"s°��4a 2 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on �'��` ITITm�"�m, 2018 by Robert W. Jones, Trustee of the Jones Family Trust. mmmmmIT �� *�'""�.."'� Werren P W�Iph! � �.�_..__�.. ��_�....�... � �"� My Commlulon BNplroa Notary Public, in and for the State of Texas �,�,�,�� o�zvao�e ,�.�..� �r� r��, ��a My Commission Expires:. t�ww`�wwww_ t_w°� t� AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 216 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson PAGE 1 OF 4 r ,P��&E:S �'A�.�i�' V TRUST VOL. 7'7'�, I��d�.. �I�� D.R.O.C.T., �� ''�"� f��"w��" "��,.� ��A. �� ro `�� Im. 77� � F�� , 5 Os�R DR C. T CONVEYED BY DEED TO JONES FANILY TNUST VOL. 4873. PG. 2359 O.R.O.C.T. EXHIBIT "A" ;��M ° �"� � ,�� iqM �, �,, w� �u µ� I�Y I� `�:� �tiw �� : �� ,�,�� ,� �,ai, . � w r� » . �� w� �� , � �n��p. s�{y�'�� i��,��""J A.�. NJ'�11 N see •40 � 03• w LOT f 35.44' I�.�sT� �q e•2o12�95�z PROPOSED � D.R.D.C.T. R•O.W. 22l6 S. BONNIE BRAE LDT 2 CHRI8TOPIER M. MATTB VOL. �"SiSX�'� PB. 23BB �.�, .C.T. � �� r •, yy _.�.. � � A �� g u � ° i " � 9. M X N ` d '�. &'�1@. ` P � � , � � sar� ' r' � � � �. � � �, '� � '� wi .— � �f_ '�, �� "�" �i��'� M .��,��'�'� �� ia"�� n r� �� r �. . ._._ � i � 22Z0 5. B�INI�BI�ii� — — .. �" � �,..OT 3A � m, , ` � �NpiWIN P. DA�1�� + q VL'�k.. S�S61. P�„. 6��6fiF C1.R.D.C.Y. � �0@ i'37'08" R�1063.50' T�15.03' L�30.05' Cb�S01 '52' 53"W Lc�30.OS' ,�� ,�� c�� • +��.�� a��a��.��^ �� r��.a�, �.��,��, GI��N4p'33'4f'E ��"�" �� .��tl.01' � �� 8321 HY6FLAND PARK RD p�NIyL�T,dJ 8. CLEAi81AN C g VOL. ��*� PG. �iR311AN tl7.f3.t�„C.T. r 1 � ji � � �"�.- "� .� "� ,,,,� i � � / � '�•,.„,, ^� / C'"�'^»,�^" �` ---r�� ..-W,,.�~."�� ~ �r,�r Ji,,_ . .. BASIS OF BEARING IS NOR7H AMERICAN DATUM OF 1989 (NAD-83) STATE P�ANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 17—SSE-1 BEING A �� .� �� ►.FT.�0.65 �� 30' �' ��'� ��"S�" SE�PER E�.��'NT SITUATED IN THE O.S. BREIPSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS �„I� �� ,•.,o,, i� �Q f00 SSO � �� "� � y �w ��r.�w a M 6 a ru 1 of 4 DATE: JANUARY 2014 J/Oenton/Pf7-68E—i PAGE 2 OF 4 17 '33' 34 "E 52.85' � _ � EXHIBIT "A" JONES FAHILY 'YF�1'4T VOL. 773, P6. 'S5, Ip,�„.D.C.T„ CONYEVED BY OEED 70 J01E9 FANILY TRUBT VOL. 4��, PB. ?959 EI, P'4, 4�i. C. T. R�kl�'�,RT W. JONES, JR VOL. 7'3"�, PG. 55, D.R.D.C.T„ CONVEYED BY DEED TO JONES FAMILY TRUST VOL. 4913, PG. 2359 D.R.D.C.T. rl � d {� � � �� °4�N 03"E ��5. �, �� . ,�......., v ��,»�.� ,�� ,� PARCEL 17—SSE-1 BEING A ��.�� a�.�'T. 0.65 ��' 30' � � �� " �� '' SE R E��'�C�NT SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56� 6RAPHIC 6CALE �-.,�� r��c�r� ��ates,lnc. DENTON COUNTY, TEXAS � ��FN��M�,��t� ��l;�N�� dc PLANNERS � �+� 100 f50 � �� Ci'M�, SUITE �Do � lRI�CJ�NN�IRCM'A„� '1�k9 '7�9T �� F'�" � 1Y$Y.� � FIIOA '�q]i�{M71 2 of 4 DATE: JANUARY 2014 J/Denton/P17-6SE-i Page 3 of 4 L�1;113�riG�l PARCEL 17-SSE-1 LEGAL DESCRIPTION 30' SAIVITARY SEWER EASEMENT BEING a 0.65 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMNIENCIl�TG at a found 1/2 inch iron zod, said point being the northeast comer of Lot 3A, Solaz Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width RO.W.); TT�NCE North 00° 17'S4" East, along said existing west right-of-way line, a distance of 348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract, and being the northeast comer of Lot 1, Solar Way Addition, as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common line; T�NCE South 88°40'03" West, leaving said existing west right-of-way line and along said common line, a distance of 35.44 feet to a point, for the beginning of a non-t,�a�� curve to the right having a radius of 1047.50 feet and a central angle of 1°OS'40", and a long chord which bears North 00°33'41" East, 20.01 feet, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width R.O. W.); THENCE leaving said common line, along said proposed west right-of-way line and along said non-tangent curve to the right an arc distance of 20.01 feet to a pount, said point being in the north line of a 20' Crosstex Easement, as recorded in Instrument No. 2008-58200, Deed Records, Denton County, Texas; THENCE South 88°40'03" West, along said north line, a distance of 16.01 feet to a point for the POINT OF BEINNING; THENCE South 88°40'03" West, continuing along said north line, a distance of 893.26 feet to a point for corner; THENCE South 17°39'39" West, leaving said north line, a distance of 21.15 feet to a point for comer, said point being the northwest corner of said Lot 1, Solar way �„��i��.�z�, and being in the north line of a tract of land conveyed to Jean M.G. Tunnell, as recorded in Instrumant No. 2012-69612, Deed Records, Denton County, Texas; 'TI�NCE South 88°40'03" West, alomg said north line, a distance of 30.52 feet to a point for comer; 3of4 EXHIBIT "A" Page 4 of 4 THENCE North 17°33'34" East, leaving said north line, a distance of 52.85 feet to a point for corner; THENCE North 88°40'03" East, a distance of 915.24 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°37'08", and a long chord which beazs South O1 °52'S3" West, 30.05 feet, said point being in the proposed west right-of-way line of said Bonnie Brae; THENCE along said proposed west right-of-way line, and along said non-tangent curve to the left an azc distance of 30.05 feet to the POINT OF BEGINNING and CONTAINING 28,194 square feet, 0.65 acres of land, more or less. � 4 of 4 � os�s�zo►�- ATTACHMENT 7 TO PURCHASE 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. UTILITY AND DRAINAGE EASEMENT THE STATE OF TEXAS, COUNTY OF DENTON § § KNOW ALL MEN BY THESE PRESENTS: § THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($]0.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and drainage easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and drainage, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities, drainage features or grade, or any part thereof. This Easement is subject to the following covenants and agreements: l. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the �� Grantor: JONES FAMILY TRUST day of�,�� .�" , 2018. BY: �� ` � �� .�� Robert W. Jones, Trustee THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on �'� ,�,, ��~ �� 2018 by Robert W. Jones, Trustee of the Jones Family Trust. �� ,�`� � Warren P Wrlght �, � My Commisilon Explros �� oiz�i2o�e ��,� � i� �� a�� AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 216 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson F�� ' `a �� Notary Public, in and for the State of Texas My Commission Expires � ±��,�� - �:�� 3 � Y VOL. 77'��'m ��3.... �5; CY„�1.i�p..C.T. �� , �'�.�,�"`�� 9 �a ��w VOL. 773.R PG. 5 N Ds�fi �R C. T CONVEYED BY DEED TO JONE5 FANILY TRU5T VOL. 49l3. P0. 2359 D.R.O.C.T. � �� y� �� .�" EXHIBIT "A" PROPOSEO R.O.W. 6��4��C'9:.-�° ..,, "� —W -- X d N68 '40 ' 03' E 16.03' A� 1'04'41"' R�1063.50' T=10.01' L-2�.01� Cp»�N00 '31 ' 59"E Lc�20.0!' S68'40'03"W 16.00'• POINT OF HSGINNING LOT f JEAN N.O. TUNI�LL INST. N0. 2D12-696l2 O.R.D.C.T. � ��°"'� ��A6 �. Bid�Md'�]I,� BRAE � CI��B'T �1� Ytl. MATTB WfM.. 6,��T,� Y��,� 2398 � 1J4. F�. G�, C. T'= : s "' % /�"�� _, �� ^�k. �d��"�" @� ' a ��+,��",� ��'ra�ast�� a, �: r, ��, f a _� �. z�zo s. eoK+i�'�m�' — _ _ . � ` LpT DA v ..� .Y — . ; � i VOL. !��'d. PB. 989 { D.R.4.C.T. � �C�� i '05' 40" ��10A7.50' T�10.01' � Cb?S00133 " � i'" N� �"�;�� Lc-20.01' �� •d4'03'W �+. ��'.4a' '�^�' 232� HI6itANp PAqC RD NILTOl1 B. CLEARNAN C SPOU6E, AIJITA A. CLEARMAN YOL. �aN�7 PB. 22f3 CY. �&. i�. C. T. r� �e �� ^ �"�, m' �' ` / � � � .� � �«„,« � .� 1 ,�"" � �. � � u. _. _...�.�..��,�..,�. / ,,,��,1 "�,�....:.: � ol � o, r ��. iSYSTEM3FTEXAS NORTHACENTRAlEEC00RDINATEM PARCEL 17—UDE-1 BEING A 320 SQ.�"�". +�. �w � �+�� UTILITY & D �.�� .��ENT SITUATED IN THE 0. S BRE�PSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS gp�p►�Yp 6CALE s•-�oo• 0 SO 100 i50 ��,M� +w r d � « � :� � � � MMI .� � 4 A� 1 of 2 DATE: JANUARY 2014 J/oenton/Pi7—uoE—! Page 2 of 2 EXHIBIT "A" PARCEL 17-UDE-1 LEGAL DESCRIPTION UTILITY & DRAINAGE EASEMENT BEING a 0.01 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorde.d in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot 3A, Solaz Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton Coun:ty, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of 348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract, and being the northeast comer of Lot 1, Solaz Way Addition, as recorded in C�bi�� B, Page 196, Plat Records, Denton County, Texes, being a common line; THENCE South 88°40'03" West, leaving said existing west right-of-way line and along said common line, a distance of 35.44 feet to a point for the POINT OF BEGINNING, said point being in the proposed west right-of-way line of Bonnie $rae Street (having a variable width R.O.W.); THENCE South 88°40'03" West, along said common line, a distance of 16.00 feet to a point for corner, for the beginning of a non-r,:�� curve to the right having a radius of 1063.50 feet and a central angle of 1°04'41 ", and a long chord which bears North 00°31'S9" East, 20.01 feet; THENCE leaving said common line and along said non-tangent curve to the right an arc distance of 20.01 feet to a point for corner; THENCE North 88°40'03" East, a distance of 16.01 feet to a point for comer, for the beginning of a non-tangent curve to the left having a radius of 1047.50 feet and a central angle of 1°OS'40", and a long chord which bears South 00°33'41" West, 20.01 feet, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE along said proposed west right-of-way line and along said �non-tangent curve to the left an arc distance of 20.01 feet to the POINT OF BEGIlJNING and CONTAIlVING 320 square feet, 0.01 acres of land, more or less. 2 of 2 ATTTACHMENT 8 TO PURCHASE 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. THE STATE OF TEXAS COUNTY OF DENTON TEMPORARY ACCESS EASEMENT § § § KNOW ALL MEN BY THESE PRESENTS: THAT the JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas, 215 E. McKinney, Denton, Texas 76201 ("Grantee") a temporary access easement in, along, upon, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DESCRIBED IN EXHISIT "A", ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said Grantee in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now or hereafter be found upon said Properly, for the purpose of access in, along, upon, over and across said Property. It is specifically stipulated by Grantor that the scope of the access may include the clearing and removal of vegetation and trees that exist within the Property. The Grantee, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, over and across said Property for the purpose of access activities or any part thereof. The term of this Temporary Access Easement shall commence on the date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2) years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) April 1, 2022, unless the parties mutually agree in writing to an extension or reduction of such term. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Wrtness my hand, this the �� day of,�mmm��wwwwwww��___ �ww __, 2018. Grantor: JONES FAMILY TRUST B Y: '� _�,�� ...� ��,� Robert W. Jones, "1"�°�� ;�. �.�mm........ THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on ��, 2018 by Robert W. Jones, Trustee of the Jones Family Trust. � � � y ...... . ._ ..._° _ ..�'p. ��.� �^'�""'�'�'� a��rr�n �v�rrt rati Notar Public, in and for the State of Texas � �� wr ��r�r�N��r� �ro�w�� :� ..�.� �r�r��r�� r�No. ��,�ooa My Commission �ac�a��•�s: �......��t_-_.:_��.��.. AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 216 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson 2 cx,a�ra�s �c�:��, �,s�Ar � vc�u ,s�a�,. a�r�. ��a3�� _ �.. �a u�,�,�,,c r.� _,„ ..� ...N��'52' 17 °'� '� �,� _.. .__. � 1 �13 ' � ...� � EXISTIMGu �VC�G�� ESNT — va.. ��r�� . a3ss � p.�d.i�4.�.'�. BEFNIECE K. JONES 6 R08ERT N. JONES VDL. 77 PG 63, D.R.D.C.T �YEO BY DEEO TO JONES FAHILY TRUST VOL. �%�9,� P6. 2358 �a. #�, I�. C. T. EXHIBIT "A" � -�.�..� ��,, � �..,.,,• _�. �; � kE��'�-1�E�2 I��pNWI� I�P9,M1l; �� "1 i�#J,CT 1 � �+��tlT� �M�d�7 M.., I iM�7". bd�, �.�'ii�Fo�aa��a �a.�.�a.�.r. I �� °�� a�a-�.... ��,�� POII�iT OF S6GINNII�G a. .,� .. ,._.... _ . � � � �3'�l�N�Gi�� C. ,J��6�5, �G d F��F�G'�T �. JI��I�5 � V�t1� "�7�. P�a �a�. � C1. $�. � � i. C��V�V�� Y N��CI�U 'T� 9 +�C}�CS �A'��LY �F�LYSTi ' Y�I�., N� ��. �°N . � T�. �:3�£� � � N � ill �� \ � � �� ^�� . �P." �� p� � �.�..._... �_�.._ �.�� .. BASIS OF BEARING IS NORTH AMERICAN DATUM 'OF l9B3 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. `��.�.�,„ �.. �CM OOD p�ik�� . �� (VARIABLE �P�P�pI d��M. . ...s.J.IJ.FPIp ��^J"N�.�_,,..�. .... ,.,..�... �rF'l�:,�.... F ......_.._.�..� �,,�..�_..�_ � . �.�.��_._�..__�� u. �4i�4 '21 ' 57 "W 30.01' 23fS WILLqM00D 3T. ELIZA T, SNOCKIEY INST. N0. 2006-7�299 D.R.O.C.T. �,�_�_m_..__,__. P17-TAE-1 BEING A ��w��7 SQ.FT.�0.1154 ,�� TE��"�RARY ACCESS EA'��iT SITUATED IN THE D.S. BREWSTER SURVEY ABSTRACT N0. 56 � �� DENTON COUNTY, TEXAS `�"P"=° 50ALE '•-'°°' .. rr� a�� e �w� � CM�A15�U�.i�N(� �Nfil�l'E ��'� 0 60 !00 f80 � �" � � �' +� � DATE: AUGUS7 2014 1 of5 J/oenton/Pi7—TCE-1 Page 2 of 2 EXHIBIT "A" PARCEL 17-TAE-1 LEGAL DESCRIPTION TEMPORARY ACCESS EASEMENT BEING a 0.1154 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, Ueing a portion of a tcact of land conveyed to Berniece K. Jones and Robert W. Jones as recorded in Volume 773, Pag� 63, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, P��;+� 2359� Deed Records Denton County, Texas, and being more particularly described by metes and bounda as follows: COMMENCING at a found 3/8 inch iron rod, said point being the northwest corner of a tract of land convayed to Elize T. Shockley as recorded zn Instrument No. 2005-74299, Deed Records, Denton County, Texas, and beung the intersection of existing east right-of-way line of Bonnie Brae Streat (having e variable width R.O.W.), and the existing south rigiit-of-way line of Willowwood Street (having a variable widtl� R.O.W.); THENCE South 16°48'OS" West, leaving said intersection, a distance of 105,24 feet to a point, said point being the noztheast conier of said Jones tract, and being in tl�e soutl�east cormer of Tract 19 as conveyed to Scott Brown, as recorded in Instrume��t No. 97 R0047097, Deed Records Denton County, Texas, being a coininon line, and being in tl�e existing west righl-of-way line of Bonuie Brae Street (having a variable width R.O.W.); THENCE South 88°37'43" West, leaving said existing west right-of-way line, and along said co�n�non line, a distance of 58.23 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 00°21'S7" West, leaving said common line, a distance of 30.01 feet to a point for corner, said point iu the soutli line of an existing 30 foot Access Easement, as recorded in Voluine 4913, Page 2359, Deed Records, Denton County, Texas; THENCE South 88°37'43" West, along said existing south easement line, a distance of 162.94 feet to a point for corner, said point being in the existing east right-of-way line of the Gulf-Colorado and Santa Fe Railroad (l�aving a variable width R.O.W.); THENC� North 16°52'17" West, leaving said existing south easement line and following along said existiug east right-of-way line, a distance of 31.13 feet to a point £or corncr, said point being in the north line of said Jones tract end tl�e south liue of said Brown tract, being a couimon line; TI�NCE North 88°37'43" East, leaving said existing cast right-of-way line, and along said common line, a distance of 172.17 fect to the POTIVT OF BEGINNING and CONfAINING 5,027 square feet, 0.1154 acres of land, more or less. � , .� �,�� ,u�, �� „�, � ,. . � � � � 2of5 � s' F,(HIBIT "A" BTATE OF TEXAS OOC.NO. 20OS-1OS600 C.C.R.D.C.T. TRACT III S87 '52' 30 "" � 31.20' ROBERT W. JONES VOL.642, PG.86 o.A.o.c.T. CONVEYED BY DEED TO JONES FAMILY TRUST VOL. 4913, PG. 2359 D.R.D.C.T. POINT 0 FNO f/2"IR 1 BEGINNING ��. BASIS OF BEARING IS NORTH AHERICAN DA7UM OF 3983 (NAD-B3) 9TATE PLANE COORDINATE ry 9Y9TEM, TEXAS NORTH CENTRAL. P�CEL 1/"' T� — 2 BEING A 43,324 SQ.FT./ D.9946 ACRES 30' TEMPORARY ACCESS EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY, �� uE �•-,�� r��rr� i��t�� I�a�• DEN ON RCOUNTY, TEXAS �s�u��a� ��a�r��s � u��r��s � 50 ��a� �� N� � � �� a�� rup �—�r��,�rr� �i� �an�� 3of5 DATE: AUGUST 2014 IP�G� 2 �� 3 EXHIBIT "A" MATCHLINE PAGE 1 ROBERT W. JONES VOL.642, PG.B6 D.R.D.C.T. CONVEYEO BY OEED TO JONES FAMILY TRUST VOL. 4913, PG. 2359 o.R.o.c.T. Z 0 0 � N ii� O m tn V w � a I� 0 0 . w N 4i 0 � t� � � i� cn BERNIECE K. JONES & ROBEHT W. JOI�S VOL. 773 PG 63. D.R.D.C.T. CONV�YED BY DEED TO JONES FAMILY TRUST VOL, 4913, PG. 2369 D.R.D.C.T, LATTIMORE HATEHIALS C0. ooc.eo. e»o�»�� C.C.R.D.C.T. TRACT THREE N88'44'24"E 251,_59' fef� s. eoNNte eRAE LOT 8 p4.q�K A � ��r��r T�cr ie JIN BL �: M#l�R�1;t, VDL. f 4 ��4. P�ti.. �1�� D. �I�. C�. �.1Y �. p� m-�16'58'36"E 31.17' 9'�.� �F��E55 ESNT 4�].3�.. P�,. �86B 45. ki. h. �., Y. .��, � BASIS OF BEARING IS NORTH AMERICAN DATUM OF l9B3 (NAD-83) STATE PLANE COORDINATE p,p�CEL 17 �T� � 2 'SYSTEM, TEXAS NORTH CENTRAL. � �� »�""��' �i,"�'�� :�� 30� ��";��"� �� " �i�� "�" SITUATED IN THE O.S. BREWSTER SURVEY, �,�P�� „� ,•.soo• �r��c�r�na A��#�� I�� ABSTRACT N0. 56 �r�+�w. ��f�� N.�M�H��t� ca 5o ioo iso ��"�"�"�� DENTON COUNTY, TEXAS � �� ,� �� w+r� ��rat,{�� t�mr rr� 4of5 DATE: AUGUST 2014 PAOE 3 OF 3 EXHIBIT "A" PARCEL 17-TAE-2 LEGAL DESCRIPTION 30' TEMPORARY ACCESS EASEMENT BEING a 0.9946 acre tract of land situated in the 0.5. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of a tract of land conveyed by deed to Robert W. Jones, Jr as e��:��•�� ini Vo��a�� 642, �?�� , �� ;� ��ion of a tract of l�t��9; ��a�r�;��cl to %��i�� . J��es �� I��a� W. �r�n�s, as r��s�rr1�� 1�Mnx� 773, Page 63, I��tI� ��'�� r� coa�v�� a� d��r� to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particulerly described by metes and bounds as follows: BEGIIVNING at a found 1/2 inch iron rod For corner, being tlie northeast corner of said Jones Family Trust tract and the southeast corner of a tract of land conveyed by deed to lhe State of Texas, as recorded iii Docuinent No. 2005-105600, County Clerk Records, Denton County, "��cas, al�� ing in the west rigl�t-of-way line of tlie Gulf-Colorado & Santa Fe Railroad (a �+�u�w�able vr��d�1� R.O.W.); THENCE Soudi 13°47'30" East, along said west rigl�t-of-way line, for a distance of 210.88 feet to a point fo�r corner; "�"��C�?l"��G� �caaal.k� �f�°32'30" We�t„ l��i�z� ��i�l v��.�k �°��i�t��r� �� 1i��,e, a cli�t.�ar��;� �>l 945.9� �°�� to ��it�� "�rrT ra�a�a��, said point b�c�� t�� s��a�1��r�s� �a��°��r ��" �� t��t of l�nc� ��av�yred by r�� to Lattimore Materials Co., as recox•ded in Document No. 97-0071447, County Clerk Records, Denton County, Texas, being a comnnon line; THENCE North 88°44'24" East, along tlie common line of said Lattimore Materials Co. tract and Jones Family Trust tract, for a distance of 251.59 feet to a point for corner, said point being the southeast coiner of said Lattimore Materials Co. tract, and being in die west right-of-way lime of said Gulf-Colorado & Santa Fe Reilroad; THENCE South 16°58'36" East, leaving said coinmon line, and along said west right-of-way line, for a distance of 31.17 feet to e pouit for corner; THENCE Soutl� 88°44'24" West, leaving said west right-of-way line, a distance of 291,00 feet to a point for corner; THENCE Nortli 00°32'30" East, a distance of 973.14 feet to a poiut for corner; THENCE Nortli 13°47'30" East, a distance of 215.66 feet to a point for comer, said point being in the norlh line of said Jones tract and the south line of said State of Texas tract, being a comtnon line; THL�NCE Soutli 87°52'30" East, along said coinmon line, for a distance of 31.20 feet to tlie POINT OF BEGIl�INING and COIVTAIlVING 43,324 square feet or 0.9946 acres of land, more or less. 5of5 ii� 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. SAI�TITARY SEWER EASEMENT THE STATE OF TEXAS, COUNTY OF DENTON § § KNOW ALL MEN BY THESE PRESENTS: § THAT JONES FAMILY TRUST ("Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O. S. Brewster Survey, Abstract Number 56, to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining sanitary sewer pipelines, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberly, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the day of _ , 20l 8. Grantor: JONES FAMILY TRUST I� Robert W. Jones, Trustee 2 THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me onwwwwwwwwwwwwwwwwwww wwwwwwww m_� , 20l 8 by Robert W. Jones, Trustee of the Jones Family Trust. AFTER RECORDING RETURN TO: City of Denton — Real Estate Manager 216 W. Mulberry Denton, Texas 76201 Attn: Paul Williamson Notary Public, in and for the State of Texas My Commission Expires: 3 PAGE ! OF 4 � .��s, r��rx�v fi��r:ar' VOL. 773. PG. �'�. 4'M.S�.p.C.T. �� '`��" '�'�� %�q��RT W. JDNES, JH �'" VOL. 7'i�, PG. 55, D.R.D.C.T. CONVEYED BY DEED TO JONES FAMILY TRUST VOL. 4913, PG. 2389 o.A.o.c.r. EXHIBIT "A" 1� ; ; Ir � �: ��b �, �� g�� , �� , �. ��,..'�"�• � SB8 '40 ' Q3 `�'..�a l6.0�" S8B'40'03'W LOT 7 35.44' JEAN M.B. TUNNEII. PROPOSED -�-"" i►+sr. Ho. eofz-�sesfz R.O.N. D.R.D.C.T. 22l6 8. BONNIE BRAE � LOT 2 CHRISTOPNER M. MATTS VOL. 3102. P6. 23BB �.R.D.C.T. ..� .p �.� / . ".�`I � � � � '��,�� POIINT �d��F ; �" �" �"�� r a/a°,��°� E ; r �. .,. .._ ............._.._._ � A «±�'�G �. BGMMI7C�"FY�S:: .. . . � ` t r�IN�1LKf�Y.� I��.u.�..... .,.�i V�I.. l.�w��p« PI�. �dCa� i [N��,.R�...CN��.�C."V. r ,,,�-�— b.� 1 '37' 08" RR1063.50' Ta�15. 03' L�30.05' Cb�SO!'52'53"W Lc�30.05' �^� ;��M�� ' �� - �� '� ��.��r. �„��. r��a.�� , �.��o.a�° � Cd�tlwNCTIY "��' 41'E �,��b. 01 " � 232� HI61LAN0 PARK RO NILTON B. CLEARMAN C SPDUSE. AnN�T� A. CLEARNAN VOL. dAl�"7 PB. 2213 �,q�.l�. C. T. � � �� i ` ` ` / , ..,. — ,.,.. ` � ✓' `�,�'• _- _ µ . _ � _ .... _�^""..T-,°"�7" / � / ! %"�M rr,�r � w .' BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD—B3) STATE PLANE COOpDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 17—SSE—i BEING A ��, � �� .�""�.� � �w.65 �.�:�� 30' �" ��" �" ��' + R E�,��1�NT SITUATED IN "��f,`:� O.S. BRE�PSTER SURVEY, ABSTRACT N0. 56, DENTON COUNTY, TEXAS �„�„I� � ,•.,ao• � �� ioo �50 �� r � r � r c � :. � � ., M � �� . r �. • .r «,d su c,• 1 of 4 DATE: JANUARY 2014 J/oenton/Pf7—ssE—i PAGE 2 OF 4 i7'33'34"E 52.85' EXHIBIT "A" JONFS FANILY TRUST VOL. 773, P6. 35. D.R.�.C.T„ CONVEYED BY OEE� TO JONES FAMILY THUST VOL. �9f3. P6. 2359 O.R.D.C.T. �� ,> �� ,� ��'� t3� �"�� ' F�q�i�RT W. JONES, JR VOL. "7"�'�., PG. 55. h.R.D.C.T„ CONVEYED BY DEED TO JONES FAMILY TRUS7 VOL. 4913. PG. 2389 O.R.D.C.T. �q��'40'�� 915.��4" �� BASIS OF BEARING IS NORTH AMERICAN �ATUM� OF 1983 (NAD-93) STATE PLANE CDORUINATE iSYSTEM, TEXAS NORTH CENTRAL� PARCEL 17-SSE-1 BEING A i ��, � �4 ��.FT./0.65 �� 30' �,��1��"�"�" SE�PER E��E�'�+i�NT SITUATED IN THE O.S. BRE�PSTER SURVEY, ABSTRAC T NO 56 � M « . � �, k y��l �M '.� :.. 1 � « ,�� , . ._ , ., . w � , w� � w � . �,� ! BRAPHIC SCALE !'�l00' DENTON COUNTY, TEXAS f� 5p l00 SBO DATE: JANUARY 2014 2 of 4 J/Denton/P17-SSE-3 Page 3 of 4 EXHIBIT "A" PARCEL 17-SSE-1 LEGAL DESCRIPTION 30' SAI�TITARY SEWER EASEMENT BEING a 0.65 acre tract of land situated in the O.S. Brewster Survey, Abstract No. S6, Denton County, Texas, being a portion of a tract of land conveyed to Robert W. Jones, Jr as recorded in Volume 773, Page 55, and conveyed by deed to Jones Family Trust, as recorded in Volume 4913, Page 2359, Deed Records, Denton County, Texas, and being more particulazly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the northeast corner of Lot 3A, Solaz Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a vaziable width RO. W.); T'HENCE North 00°17'S4" East, along said existing west right-of-way line, a distance of 348.97 feet to a point, said point being in the south line of said Robert W. Jones, Jr. tract, and being the northeast corner of Lot 1, Solaz Way Addition, as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas, being a common line; TI�NCE South 88°40'03" West, leaving said existing west rig.ht-of-way line and along said common line, a distance of 35.44 feet to a point, for the beginning of a non-tangent curve to the right having a radius of 1047.50 feet and a central angle of 1°OS'40", and a long chord which bears North 00°33'41" East, 20.01 feet, said point being in the proposed. west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE leaving said common line, along said proposed west right-of-way line and along said non-tangent curve to the right an azc distance of 20.01 feet to a point, said point being in the north line of a 20' Crosstex Easement, as recorded in Instrument No. 2008-58200, Deed Records, Denton County, Texas; 'THENCE South 88°40'03" West, along said north line, a distance of 16.01 feet to a point for the POINT OF BEINNING; THENCE South 88°40'03" West, continuing along said north line, a distance of 893.26 feet to a point for comer; THENCE South 17°39'39" West, leaving said north line, a distance of 21.15 feet to a pouxt for corner, said point being the northwest comer of said Lot 1, Solar way Addition, and being in the north line of a lract of land conveyed to Jean M.G. Tunnell, as recorded in Instrument No. 2012-69612, Deed Records, Denton County, Texas; THENCE South 88°40'03" West, along said north line, a distance of 30.52 feet to a point for corner; 3 of 4 EXHIBIT "A" Page 4 of 4 THENCE North 17°33'34" East, leaving said north line, a distance of 52.85 feet to a point for corner; TI�NCE North 88°40'03" East, a distance of 915.24 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°37'08", and a long chord which bears South O 1°52'S3" West, 30.05 feet, said point being in the proposed west right-of-way line of said Bonnie Brae; THENCE along said proposed west right-of-way line, and along said non-tangent curve to the left an arc distance of 30.05 feet to the POINT OF BEGINNING and CONTAINING 28,194 squaze feet, 0.65 acres of land, more or less. � 4 of 4 � ��o��