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19-325OF FUNDS THEREFOR; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. SECTION 1. The City Council approves the proposed settlement in litigation styled City ,of Denton, Texas v. Tommy R. Holamon and Sharlet Y Holamon, Cause No. PR-2018-00005, currently pending in the Probate Court of Denton County, Texas in the total settlement amount of *ne Hundred Fifty Thousand Dollars and No Cents ($150,000."). SECT - ION 2. The City Manager and City Attorney, or their designees, are authorized to act on the City's behalf in approving and executing the Agreed Final Judgment in Condemnation attached hereto and incorporated hereinby reference, designee,SECTION 3. In accordance with the Agreed Final Judgment in Condemnation, the City Manager, or his s -• to execute any and all other documents appropriate to effectuate the terms of the settlement, expend budgeted funds, and to take other actions necessary to finalize the settlement. S 1.�`C]- JON 4. In accordance with the Agreed Final Judgment in Condemnation, the City Attorney, or his designee, is authorized to execute any and all other documents necessary and r • # - # - the - #f the settlementand to take other actions- - # the settlement. SEQTION5. The provisions of ordinance shall govern and control over any conflicting provisions of previously applicable ordinances. To the extent the previously applicable ordinances •• not conflictor r# not applysettlement,Ordinances continue in full f• SECTION „6. This ordinance shall become effective immediately upon its passage and approval. The mot ion tolrve this ordinance was made by and seconded P� by _ %i r e ' �° �.°� the a� li�r�arice ` � :� ass, "�� and approved by the r Y Aye Nay Abstain Absent 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: PASSED AND APPROVED this the ww day of , 2019. Cl C(1S ti v l l ,,, t 1. ATTEST: RACHEL WOODS, INTERIM CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY. o ... Exhibit "A" attachment to Ordinance CAUSE NO. PR-2018-00005 CITY OF DENTON, TEXAS § CONDEMNATION PROCEEDING FILED Condemnor, § V. § IN THE PROBATE COURT TOMMY R. HOLAMON AND § SHARLET Y. HOLAMON, § Condemnees. § OF DENTON COUNTY, TEXAS AGREED FINAL JUDGMENT The City of Denton, Texas (the "City") filed this action seeking to acquire the following real property interests in and to a portion of a certain tract of land, situated in the James Edmonson Survey, Abstract No. 400, City of Denton, Denton County, Texas; (i) fee simple absolute title to that portion of said tract of land consisting of 1.694 acres of land, more or less, being more fully described in and depicted on Exhibit "A" attached hereto and incorporated by reference herein as if set forth at length (the "Fee Interest"); (ii) a permanent sanitary sewer easement consisting of 0.128 acres of land, more or less, on, over, through and across that portion of said tract of land being more fully described in and depicted on Exhibit "B" attached hereto and incorporated by reference herein as if set forth at length (the "Sanitary Sewer Easement Interest"); (iii) a permanent access and utilities easement consisting of 0.186 acres of land, more or less, on, over, through and across that portion of said tract of land being more fully described in and depicted on Exhibit "C" attached hereto and incorporated by reference herein as if set forth at length (the "Access and Utility Easement Interest"); and (iv) a temporary construction easement consisting of 0.191 acres of land, more or less, on, over, through and across that portion of said tract of land being more fully described in and depicted on Exhibit "D" attached hereto and incorporated by referenced AG EVI) FINAL J11DGME1" T - Page- 1 herein as if set forth at length (the "Temporary Construction Easement Interest," and together with the Fee Interest, the Sanitary Sewer Easement Interest and the Access and Utility Easement Interest, collectively, the "Property Interest"), for the public purpose and use, namely for street, drainage, and sanitary sewer system improvements relating to the Bonnie Brae Widening and Improvements project and the Hickory Creek Sanitary Sewer Interceptor — Phase II (hereinafter, collectively, the "Project"), in the City of Denton, Denton County, Texas, to serve the public and citizens of the City. The Property Interest is owned by Tommy R. Holamon and Sharlet Y. Holamon (hereinafter, individually and collectively, the "Landowner"). The City and the Landowner have announced to the Court that the matters in controversy between them have been resolved and have requested the entry of this Agreed Final Judgment. Specifically, the parties have agreed that the total compensation payable jointly to the Landowner, notwithstanding any offsets or withholdings, for the condemnation of the Property Interest subject of this action, shall be ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000.00). IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the City have and recover from the Landowner: (i) fee simple absolute title to 1.694 acres of land, more or less, being more fully described in and depicted on Exhibit "A" attached hereto and incorporated by reference herein as if set forth at length; (ii) a permanent sanitary sewer easement on, over, through and across 0.128 acres of land, more or less, being more fully described in and depicted on Exhibit "B" attached hereto and incorporated by reference herein as if set forth at length; (iii) a permanent access and utilities easement on, over, through and across 0.186 acres of land, more or less, being more fully described in and depicted on Exhibit "C" attached hereto and incorporated by reference herein as if set forth at length; and (iv) a temporary construction AGREED FINAL JUDGMENT - Page- 2 easement on, over, through and across 0.191 acres of land, more or less and being more fully described in and depicted on Exhibit "D" attached hereto and incorporated by referenced herein as if set forth at length, for the public purpose and use related to the Project, in the City of Denton, Denton County, Texas, to serve the public and citizens of the City; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that such public purpose and use shall include the following ancillary rights with respect to the Sanitary Sewer Easement Interest, the Access and Utility Easement Interest and the Temporary Construction Easement Interest (collectively, the Easement Interests"): (a) the right of the City and its agents, employees, contractors, workmen and representatives, of ingress, egress and regress in, on, over, under and across the Easement Interests for the purposes of and right to construct, reconstruct, install, repair, relocate, operate, and perpetually maintain sanitary sewer pipelines and public utilities; and (b) the right of the City and its agents, employees, contractors, workmen and representatives, at the City's sole cost and expense, to trim or remove trees or shrubbery within the Easement Interests, to the extent, in the sole judgment of the City, necessary to prevent possible interference with the efficiency, safety and/or convenient operation of said sanitary sewer pipeline and public utilities, or to remove possible efficiency, safety or operational hazards thereto; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Temporary Construction Easement Interest shall terminate on December 31, 2020; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Landowner is entitled to compensation from the City in the total sum of ONE HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($150,000.00) as full compensating for the interests in the Property herein condemned; GREED FINAL XJD(MVNI" - Page- 3 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the City may satisfy this Agreed Final Judgment by paying directly to Landowner the sum of TWENTY-SIX THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($26,500.00) which constitutes the difference between the agreed compensation set forth herein ($150,000.00) and the amount deposited by the City into the registry of the Court based upon the award of the special commissioners ($123,500.00); IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon payment by the City to the Landowner of the total amount of TWENTY-SIX THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($26,500.00) the City, shall stand RELEASED and DISCHARGED of its constitutional obligation to pay such compensation for the taking of the Property for public use; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, in the event the City fails to make payment to the Landowner or otherwise satisfy this Judgment within thirty (30) days of the date hereof, then the Landowner shall be entitled to such writs and process as are necessary for the enforcement of this Judgment; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the Property Interest is hereby decreed to and vested in the City, subject to Landowner's right, as set forth in Tex. Prop. Code § 21.101, to repurchase the Property Interest for the price paid to the Landowner by the City and set forth above, if the public use for which the Property Interest was acquired is canceled before the Property Interest is used for that public purpose, no actual progress is made toward the public use within ten years or the Property Interest becomes unnecessary for public use within ten years; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that all costs of this proceeding be, and the same are hereby, taxed against the party incurring same. AGREED FINAL.JU1)G'MTENT - Page- 4 MINIMUM r1lipill 11�;i• 11 City of Denton, Texas stands RELEASED and DISCHARGED of its constitutional obligation to pay compensation for the taking of the Property Interest for public use. This is a full and final judgment dispensing with all claims of all parties herein and any request for relief not granted herein is denied. Signed this day of .................................................. 2018. PRESIDING JUDGE M"10REVI F1,NAL2TU-)Q"'MEN'1" - Page- 5 AGREED; SCOTT D. LEVINE State Bar No. 00784467 sdl@banowsky.com DAVID W. BANOWSKY State Bar No. 01697115 dwb@banowsky.com BANOWSKY & LEVINE, P.C. 12801 N. Central Expressway Suite 1700 Dallas, TX 75243 (214) 871-1300 Telephone (214) 871-0038 Facsimile -and- Larence M. Lansford, ITT State Bar No. 24062839 trey.lansford@cityofdenton.com Deputy City Attorney City of Denton 215 E. McKinney Denton, Texas 76201 OFFICE OF THE CITY ATTORNEY, THE CITY OF DENTON ATTORNEYS FOR THE CITY OF DENTON, TEXAS ,A RUM HP AL JiiDGIrw E T - Page- 6 KENNETH A. WRIGHT State Bar No. 22045500 kwright@wrightatty.com WARREN P. WRIGHT State Bar No. 24070964 wwright@wrightatty.com P.O. Box 51767 Denton, TX 76206 (972) 484-1800 Telephone (940) 384-1800 Telephone (940) 384-1801 Facsimile ATTORNEYS FOR DEFENDANTS TOMMY R. HOLAMON AND SHARLET Y. HOLAMON AGREED FINAL JUVGMENT - Page- 7 SAVE 11 EXCEPT TRACT 3 r 4)Y" I r.�` �", ,1, DRY i=ORX CREEK RANCH Ov"�,i +� Q ae, r DUG, NO. 2014 66579 r" 6,, ! " 1 Line TabRe °ss � _.,_ ._ .. r.. " t rV{1C_" .�114, 110, D1t 'N t LIne #� l enath Il3rectfnn t1,r.D,C,T, ��0w:, a Lt21 15' 957° 03' 40'WL14 r l",�It r r' L2 368' 58'3'W �� 5 � 1 I D 7799' N25° 28' 14'W �i L4 14857' N52` 52' 17'E L L5 44,79 N65• 47' ' 1'6 102 74 NOO° ' r 2,Ra l L7 45.25'.. Sol,... to, 5o1W .,12 L8 2.A9' N72. 36' �4�'1,+ L9 503 N21 39 L14 13832' N13. 45' 12'E I,5 ,,rr ,.��,��',_,., JOE M. 1"RWIN "SIB•, Iir > 66,19eN41 41 57-E _ SIB— L11 7841' NQ4. 03' E7�.'W Eu 111Iwf�ll�l -• 1m13 59 4 ' N15` 16' 34'V/ '. 11 I �01N'vG SIR FOUND IJK hAII. L14 35,55•... N15. 27' 50'E f � , _..... 2918' . N76°..56' 20"E y f�l"p'"�," i;NT(- N L16 261,34' S21` 36' 47'F. . FLOYD SMITH CONCRETE INC, L17 _ 4giAi .. � ._.� �.� SQi• 17' 37'E DOE, NO, 2Ci18-54.479 % !� _ _ . MR.O.C,T, LEGEND SR ,w .2I C °, � I BIAM'ASSOO, (NO." IIAI1TINla" STATE. 1AN COi�RiIGT[ph SEC "� INCH la©N ROD 1 Af STAMFEQ 'I Ili '" Mail f)A ( ..D NATE C,C.R,D.C,T. " COUMY CLERK I kQC DS, DENTON COUNTY, TEXAS Isly I"I #"A, 'fi"" S oal"Il OE,N�TRAL .ZONE, D,R,D,C.T, * DEED RECORDS, DENTON COUNTY, 'TEXAS DOE. = DOCUMENT VOL, = VOLUME Pc, R PAGE PARULALE0=1 BEING A 1,694 ACRE f 73,705 SOP. VARIABLE WIDTH RIGHT—OF—WAY DEDICATION SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT No. 400, DENTON COUNTY, 7EXAS Graham Assoclatesinc. GRAPHIC SCAT E 1 "" 300' T CONSULIN ENGINEERS �& PLANNERS - w 400 81MAMRIVE, &t1V�' C IQ _ Aid WGTW4, iEiid40TiyQyt (1Y)014636, nn TOPE FIRM: I—,. BSIUI'pPLUITA191hYtlG, .00 0 300 600 DMWN f , OAI DATE: 111012011 pnglEGrNC1: 9801001 SH567 1 OF 3 � ruilf Y✓r dMr u�� ITP ? IS :dr mr vfut�wflvnw 1 � ,II .t i� r _,.m" .-. ... .... . I I `M,01 EXHIBIT "X' Page 2 of PARCEL 42-ROW-I VARIABLE WIDTH RIGHT-OF-WAY DEDICATION SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT No. 400, DENTON COUNTY, TEXAS BEING a 1.694 acre tract of land in the Lames Edmonsou Survey, Abstract No. 400, Denton County, Texas, being a portion of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows; 13EGDTNMG at a found PK nail, being the southeast corner of said 13olamon tract, and being in the north east coiner of a tract of land conveyed to Floyd Smith Concrete, Inc., as recorded in Document No.2016-54479, Deed Records, Denton. County, Texas, and also being the southwest corner of a tract of land conveyed to I&L Dry Fork Crook Rauoh, as recorded in Document No. 2014-66579, Deed Records, Denton County, Texas; THENCE South 57' 03' 40" West, along the south line of said Holamon tract, and along the north line of said Floyd Smith Concrete, Inc. tract, being a coimnon line, a distance of 21.75 feet to a set 1/2 inch iron rod with cap stamped "Graham Assoc, Inc." ((JAI); THENCt South 68'52'23" West, along said common line, a distance of 135.83 feet to a set 1/2 inch iron rod with GAI cap; THENCE North 25'U'14" Wost, leaving said common line, a distance of 77.99 feet to a set 1/2 inch iron rod with GAT cap; THENCE North 52 ' 52' 17" East, a distance of 148.57 feet to a set 1/2 inch Iron rod with GAI cap; THENCE North 65 '47'34" East, a distance of 44.79 feet to a set I/2 inch iron rod with GAl cap; THENCE North 00 '48'45" West, a distance of 182,74 feet to it sat 1/2 inch iron rod with GAI cap; T11ENCE South 81' 10'50" West, a distance of 45.25 feet to a set Y2 inch iron rod with GAT cap; '1"11:I N;Ci1 North 72'36'47" West, a distance of 122.09.foot to a set Yz inch iron rod with GAI cap; TMNCB North 21'39'02" West, a distance of 50.33 feet to a set Ys inch iron rod with GAT cap; THENCE North 13'45' 12"Bast, a distance of 138.32 fbot to a set Yx inch iron rod with GAI cap; THENCE North 41'41'57" East, a distance of 66,79 fcetto a sot 1/2 Inch iron rod with GAT cap; THENCE North 04'03'27" West, a distance of 75.41 feet to a set % inch iron rod with GAT cap; THENCE North 15' 16'34" West, a distance, of 59,42 feet to a set 1/2 inch iron rodwith (JAI cap; TRENCB North 15'27150" Bast, a distance of 35.55 feet to a set Yz inoh ft-on rod with GAI cap; TUIENCE Snalh 76'56'20" East as dht I a] loo of 29,18 13001, to a set 112, 14oh iron rod MON GAI crap, b ping in thoemit line of said I InInnion (no", and Whig I ii tics woNt fink, of said M1,I)I-yFork (Iroe lawichtfoot, boing a common line, T.HFNCE South 21'36'47" East, along said common line, a distanoe of 261.34 foot to a set 1/2 inch iron rad with 0A1 cap; THENCE Sout'l 1 0 1*1717" East, along sat(] common linivii, a distailoo of 49 1 A feet to the POINT OF 1i1,10INNTNG and containing 73,795 sqtiato i'W or 1.694 noros of land, more or loss. EXHIBIT "B" LEGAL DESCRIPTION 101 SANITARY SEWER EASEMENT BEING a 0.128 acre tract of land situated In the Samuel A. Pritchett Survey, Abstract No. 1004 and the Jornos Edmonson Survey, Abstract No. 400, City of Denton, Denton County, Toxes, and laoing part of the remainder of a called 16,20 acre tract of land as described In Deed to Tommy R, Holamon, as recorded In VOILIM0, 6,164, Page 64,1 of the Deed Records of Denton County, Texas (UR,DC,Tj, and further described In a Contract of sale, as recorded In Volume 960, Page 60 (D.R,D,C.T.), and being more particularly described as follows'. COMMENCING at a 112 Inch Iran rod found at the northwest corner of said Holamon remainder tract, common with the southwest corner of a called 1.992 acre tract of land as described In Deed, to Tommy R. Holamon, as recorded In Volume 1060, Page 813 (D,R,D,C.T,), and located in the east line of a called 13.33 acre tract of land as described In Deed to Shadet Holamon, as recorded In Docul-nent No. 2013-92109 of the Official Records of Denton County, Texas (O.R.D.C.T.); THENCE South 06'26'46" West, departing the south Ilneof said 1,092 acre tract and along the common west line of said Holamon remainder tract and the east line of said 13.33 acre tract, a distance of 92.50 feet to a 518 Inch Iron rod with cap stamped "TNP INC F-SMI" set for the POINT OF BEGINNING; THENCE South 53*46'591 East, departing said common line, a distance of 66231 feet to a 6/8 Inch Iran rod with cap stamped "TNP INC EBMT" set for corner; THENCE South 8500414211 East, a distance of 6.08 feet to a 5/8 Inch Iron rod with cap stamped "TNP INC ESMT' set at the Intersection with the westerly line of Parcel 42-ROW-1, a called 1.094 acre Proposed Right of Way Dedication for Bennie Brea Street; THENCE -South 161'27'801' West, along the westerly line of sald 1.694 acre Proposed Right of Way Dedloation, a distance of 10-17 feet to a 5/0 Inch Iron rod with cap stamped "TNP INC ESI47" set at the Intersection with the j-jodheasleriy lino of a 201.00 foot wide All Purpose Utility Easement, as described In Deed to the 01ty of Donlon, Texas, and recorded In Volume 1114, Page 133 (D.R.D.C.T); THENCE North 06'04'4211 West, departing the westerly line of said 1,094 acre Proposed Right of Way Dedication, and along the noriheasteriy line of sold 20,00 foot wide Utility Easement, a distance of 7,()2 foot to a 6/8 Inch Iron rod with cap stamped "TNP INC ESMT"' set for corner; THENCE North 63'46'56" West, continuing along the northeasterly line of amid 20.00 foot wide Utility Easement, a distance of 649.16 feet to a 6/8 Inch Iron rod with nap stamped "TNP INC, F,SMT" set at the Intersection with the common west line of said Holamon remainder tract and the east line of said 13,33 acre tract; THENCE North 08"251461 East, departing the noitheatiterly line of said 20X0 foot wide Utility Easoment and along the faut stated common 1111o, a distance of 11,64 feet to the POINT OF BEGINNING, and containing 0, 126 acres of land, more or less. FNIO223-134 Pegg 1 of 4 NOTES: Bearings of lines shown hereon are referenced to GiYd North of the Texas Coordinate sletn (North Contral lono 4202, AIA083 (2011) "f-100t-i 2010) as dorlvoed l000lly4^ from Western Data Systoms Continuously Oporatdnt"i Rofomnoe Stallons (CCft) via leaf Time Kinarnatio ( TIO mott oda. Tho (distances shown lroroearr r prosont surface valims utilizing an Average Combination Factor of 1.000150630 to scale from grid to surface. 2. An Easement Exhibit of even date herewith aceompantes this Legal Desorlptlon. See Exhibit "E" n . Marvin KI a, RS N6.5681 mm TMIT Talque Nall and Perkins 1517 Contra Place Drive, Sults 320 Denton, Texas 76205 (940) 383-4177 T. B. P L, 3. Firm 10011601 Date: August 31, 2017 FNIO204 -- 84 Page 2 of a—n I - ell 0 C3 AS ,/ ry� a�``r � �� N ILA � �ry9��� •�r � p ,_ 1 { 1rJY $� Ai �''P�_: y161d�1J Y�dd�,, ai?�;'p6 �...�.. _ _•• �.,«^�.m., a't "FrrAd'�aY .% �7 rp o00 a��Y. ... .r Y ,fir Ia. $ I 1 1 SAVE & EXCEPT TRACT 3 DRY FORK CKEK RANCH DOG. NO. 20141 057q ✓ >�. ON TOMMY R. HOt.r MOM VOL. 5154, PG. 641 A�d� t� > r 0.R.D.C.T. g , l z• i R...,,,. _ ,,, ._o '. `5 I FIR I PARCEL 1III %y I .._Lo x 42-�AUE�-1 °i. JOE M. ERWIN I'"op' IRUN 1300 f PONT of", FLOYD SMITH CONCRETE INC. IiryF 1 I VOC, NO. 2016 —54479 D.R.D.C.T, r r a SIR - SET 1 INCH IRON ROD W CAR STAMPEO- "GRAHAM ASSOC.' INC.' OF 1983 --83 STATE PLANE COORDINATE: C.G.R,O.C.T. - COUNTY CLM RECORDS, DENTON COUNTY, TEXAS S p Mµ T Nay i i � N RAI BONE D,R,D,C,T, d DEED RECORDS, DENTON COUNTY, TEXAS -- DOC, DOCUMENT VGL. VOLUME PG, PAGE `E ZAK`7. BEING A 0.186 ACRE / 8,119 SQ,FT. VARIABLE WIDTH ACCESS AND UTILITY EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT No, 400, 9%'ON COUNTY, TEXAS Graham ASSOCIates,inc. GRAPHIC SCALD; 1" 300' CONSULTING ENGINEERS & PLANNERS �. .. Al l hV616 i� II A 11 11 a la} I Ia I q 300 500 THIprlr ,F 1l a w0 sa3rRr� IUJ � J DRAWN BY: GAI PROJECT NO.: ll NO.1001 DATE: 711012017 VEE,T 1 OF 2 EXHIBIT "C" Page 2 of 2 PARCEL 42-A.UE-I VARIAELl3 WIDTH ACCESS AND UTILITY EASEMENT SITUATED IN THE TAMES EDMONSON SURVEY, ABSTRACT No. 400, DENTON COUNTY, TEXAS BEING a 0,186 aoro tract of Jand in the Jutn s Edmonson Survoy, AbstaactNo. 400, Dorton Coaruty, Testis, being a portion ofa tract of land conveyod to Toninly IL flulantaon, as rocordea in'Volurn.o 5164,1'aq�e 64.1, Deed Records, Denton County, Texas, and being more particularly described by motor and hounds as follows: COM.,MBNCJNG at a found PIC nail, being the southeast corner of said Holamon tract, and being in the north east corner of a tract of land conveyed to Floyd Smith Concrete, Inc,, as recorded in Document No. 2016-54479,, Dood lteowdq, Dontora, County, Toxas, and also tzolrag the aullthwost oornor of a tract of tmrd convoycdto M, DryFork, Crock %inch, asrocordcd in DocivviontNo, 2014-66579, DccdRecords, lloraton County, Texas; TEENCF North 01' 17'37" West, along tho east line of said Holamon tract, and along the west line of said M Dry Fork Creek Ranch tract, being a common line, a distance of 118.07 feet to a point; TfMCE South 88'42'23" West, leaving said common Iine, a distance of 16,53 feetto a found Ya inch rod with GAI cap, said point also being the POINT OF BEGINNING; TBBNCB South 65'47134" West, leaving said common line, a distance of 44.79 feet to a found inch iron rod with GAI cap; THEME North 01'54' 16" West, a distance of 194,26 feet to a found %z inch iron rod with GAT cap; TIIBNCE North 81' 10'50" BaO, a distance of 45.25 feet to a Bound %s inch iron rod with GAI cap; THENCE South 00*48145" Bast, a distance of 182.74 feet to the POINT OF BEGINNING and containing 8,119 square feet or 0.186 acres of land, more or less. 1 HM.02 EXHIBIT "D" LEGAL DESCRIPTION 15' TEMPORARY CONSTRUCTION EASEMENT BEING a 0.191 acre tract of land situated in the Samuel A. Pritchett Survey, Abstract No. 1004 and the James Edmonson Survey, Abstract No. 400, City of Denton, Denton County, Texas, and being part of the remainder of a called 15.20 acre tract of land as described in Deed to Tommy R. Holamon, as recorded in Volume 5164, Page 641 of the Deed Records of Denton County, Texas (D.R.D.C.T.), and further described in a Contract of Sale, as recorded in Volume 966, Page 60 (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the northwest corner of said Holamon remainder tract, common with the southwest corner of a called 1.992 acre tract of land as described in Deed to Tommy R. Holamon, as recorded in Volume 1050, Page 813 (D.R.D.C.T.), and located in the east line of a called 13.33 acre tract of land as described in Deed to Sharlet Holamon, as recorded in Document No. 2013-92109 of the Official Records of Denton County, Texas (O.R.D,C.T.); THENCE South 05°25'45" West, departing the south line of said 1.992 acre tract and along the common west line of said Holamon remainder tract and the east line of said 13.33 acre tract, a distance of 127.42 feet to the southwest corner of a 20.00 foot wide All Purpose Utility Easement, as described in Deed to the City of Denton, Texas, and recorded in Volume 1114, Page 133 (D.R.D.C.T.), and the POINT OF BEGINNING; THENCE South 53°46'56" East, departing the last stated common line, and along the southwesterly line of said 20.00 foot wide Utility Easement, a distance of 542.83 feet to a point for corner; THENCE South 85"04'42" East, continuing along the southwesterly line of said 20.00 foot wide Utility Easement, a distance of 8.90 feet to the intersection with the westerly line of Parcel 42- ROW-1, a called 1.694 acre Proposed Right of Way Dedication for Bonnie Brae Street; THENCE South 15027'50" West, along the westerly line of said 1.694 acre Proposed Right of Way Dedication, a distance of 0.13 feet to an angle point in said line; THENCE South 15016'34" East, continuing along the westerly line of said 1.694 acre Proposed Right of Way Dedication, a distance of 15.86 feet to a point for corner; THENCE North 85004'42" West, departing the westerly line of said 1.694 acre Proposed Right of Way Dedication, a distance of 18.55 feet to a point for corner; THENCE North 53°46'56" West, a distance of 538.10 feet to the intersection with the common west line of said Holamon remainder tract and the east line of said 13.33 acre tract; THENCE North 05025'45" East, along the last stated common line, a distance of 17.46 feet to the POINT OF BEGINNING, and containing 0.191 acres of land, more or less. FN16223— B4 Page 9 of4 NOTES: 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System (North Central Zone 4202: NAD83 (2011) EPOCH 2O10) as derived locally from Western Data Systems Continuously Operating Reference Stations (COBS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1.000150630 to scale from grid to surface. 2. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B" j'//// 7 Marvin i ing„ P. No.u5581... Teague Nall and Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 (940)383-4177 T.B.P.L.S. Firm 10011601 Date; August 31, 2017 FN16223 — B4 Page 2 of 4 bl, 41 �,Il cq V) <WI A z Fy wf zo 7t j D CN C) C Yyj C) U) (p (n U) z Z U) ('q to � ul 0 z 0 L d io 0 .0v s PIPS U. 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