19-007ORDINANCE NO. 19-007
AN ORDINANCE OF THE CITY OF DENTON ("CITY") AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A PURCHASE AGREEMENT BY AND
BETWEEN MD MASUD REZA (THE "OWNER"), AND THE CITY, REGARDING THE
SALE AND PURCHASE OF FEE SIMPLE TO AN APPROXIMATE 1.656 ACRE TRACT,
MORE OR LESS, SITUATED IN ALEXANDER HILL SURVEY, ABSTRACT NO. 623,
DENTON COUNTY, TEXAS FOR THE PURCHASE PRICE OF TWO MILLION NINE
HUNDRED NINETY-NINE THOUSAND SEVEN HUNDRED FIFTY DOLLARS AND NO
CENTS ($2,999,750.00), AS PRESCRIBED IN THE PURCHASE AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AUTHORIZING
RELOCATION EXPENDITURES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE. (Eagle Electric Substation — 801-811 Eagle Drive & 827 Bernard Street)
WHEREAS, the above -captioned tract, containing approximately 1.656 acre, and located
at 801-811 Eagle Drive and 827 Bernard Street, and more particularly described in Exhibit "A,"
attached hereto and made a part herein for all purposes (the "Property"), was formally approved
by City Council as the site for the planned Eagle Electric Substation on August 23, 2016 via
Resolution 2016-028 (the "Project"); and
WHEREAS, on May 23, 2017 City Council adopted Ordinance 2017-156, determining that
a public use and necessity exists for, and that the public welfare and convenience require the
acquisition of the subject Property tract and authorized staff to acquire the Property in compliance
with Chapter 21 of the Texas Property Code; and
WHEREAS, MD Masud Reza agrees to sell Property for the purchase price of Two Million
Nine Hundred Ninety -Nine Thousand Seven Hundred Fifty Dollars ($2,999,750.00); and
WHEREAS, the City Council of the City of Denton hereby finds that the Purchase
Agreement between the City and MD Masud Reza serves a municipal and public use and is in the
public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to (i) execute the
Purchase Agreement, attached hereto as Exhibit "B" and incorporated herein by reference, and to
carry out the duties and responsibilities of the City under the Purchase Agreement, including the
expenditure of funds as provided therein; and (ii) execute any and all other documents incident
and related to the purchase of the subject property tract; and (iii) make expenditures in accordance
with Ordinance No. 2012-073, dated April 17, 2012, pertaining to relocation related expenses and
advisory services.
SECTION 3 The provisions of this ordinance are severable, and the invalidity of any
phrase, clause, or part of this ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to dMpproye this ordinance was made by , , ° ," ,�� �� '� and seconded
by .' ��.�',.....'k k� ... the ordinance was passed ' and approved by the
following vote °r
Aye Nay Abstain Absent
Chris Watts, Mayor:
Gerard Hudspeth, District 1: 1/
Keely G. Briggs, District 2: 1
Don Duff, District 3: 1/
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
1,"",
PASSED AND APPROVED this the 11 day of , 2019.
iw
HRIS'�'ATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
Map
BY:�
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APPROVED AS TO LEGAL FORM: —00
AARON LEAL, CITY ATTORNEY
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 1.656-acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the
City of Denton, Denton County, Texas, and being all of a called 1.665-acre tract of land
described in Deed to MD Masud Reza, as recorded in Document No. 99-125206 of the Real
Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly
described as follows:
BEGINNING at an "X" cut found at the northeast corner of said Reza tract, common with the
northwest corner of a called 4.458-acre tract of land described in Deed to Orion UNT, LLC, as
recorded in Document No. 2014-130802 of the Official Records of Denton County, Texas
(O.R.D.C.T.), and located in the existing south right of way line of Eagle Drive (60.00 foot
R.O.W.);
THENCE South 00023'09" East, departing the existing south right of way line of said Eagle
Drive, and along the common easterly line of said Reza tract and the westerly line of said 4.458-
acre tract, a distance of 27.10 feet to a 1/2-inch iron rod with cap stamped "Metroplex 1849"
found at the north line of a 1-story masonry building;
THENCE North 89°51'22" East, along the north line of said 1-story masonry building, a distance
of 4.75 feet to the northeast corner of same;
THENCE South 00014'43" East, along the east line of said 1-story masonry building, a distance
of 66.40 feet to the southeast corner of same;
THENCE North 89059'38" West, along the south line of said 1-story masonry building, a
distance of 4.59 feet to an "X" cut found for corner;
THENCE South 00023'09" East, departing the south line of said 1-story masonry building, and
along the westerly line of said 4.458-acre tract, a distance of 110.31 feet to a 5/8-inch iron rod
with cap stamped "TNP" set at the southeast corner of said Reza tract and the northeast corner
of a called 0.386-acre tract of land described in Deed to University Place, L.P., as recorded in
Document No. 96-47249 (R.P.R.D.C.T.);
THENCE North 89015'17" West, departing the westerly line of said 4.458 acre tract, and along
the common south line of said Reza tract and the north line of said University Place, L.P. tract, a
distance of 357.74 feet to a "Y" cut found at the southwest corner of said Reza tract, same being
the northwest corner of the remainder of a called 0.224 acre tract of land described in Deed to
University Place, L.P., as recorded in Volume 3263, Page 664 of the Deed Records of Denton
County, Texas (D.R.D.C.T.), and located in the existing east right of way line of Bernard Street
(variable width R.O.W.);
THENCE North 00032'43" West, departing the north line of said 0.224-acre tract, and along the
common west line of said Reza tract and the existing east right of way line of said Bernard
Street, a distance of 197.46 feet to an "X" cut set at the intersection with the existing south right
of way line of said Eagle Drive, same being the northwest corner of said Reza tract;
THENCE North 89043'46" East, departing the existing east right of way line of said Bernard
Street, and along the common north line of said Reza tract and the existing south right of way
line of said Eagle Drive, a distance of 358.22 feet to the POINT OF BEGINNING, and containing
1.656 acres of land, more or less.
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), 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 PURCHASE AGREEMENT (the "Agreement") is dated f°a�mm ,
2019, but effective as of the date provided below, between MD Masud Reza (referred to herein
as "Owner") and the City of Denton, a Texas home -rule municipal corporation ("City").
WITNESSETH:
WHEREAS, MD Masud Reza is the Owner of a 1.656 acre tract of land in the Alexander
Hill Survey, Abstract No. 623, City of Denton, Denton County, Texas (the "Land"), being
affected by the Eagle Substation Project (referred to herein as the "Project"); and
WHEREAS, City is in need of certain fee simple lands, being the Land for the Project; 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;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), 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 a Special Warranty
Deed (herein so called) conveying to the City, subject to the reservations described below, the
Land, being more specifically described described in Exhibit "A" to that certain Special
Warranty Deed, and other interests as prescribed therein (the "Property"), the Special Warranty
Deed being attached hereto as Attachment 1 and made a part hereof.
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for
himself, his successors and assigns: all oil, gas, and other minerals in, on, under, and that may be
produced from the Property. Owner, his 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 oil, 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 "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 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 "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 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.
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 Million Nine Hundred Ninety -Nine Thousand Seven Hundred
Fifty and No/100 Dollars ($2,999,750.00). The monetary compensation prescribed in this Section 2
is herein referred to as the "Total Monetary Compensation". Notwithstanding the foregoing, nothing
2
herein shall be construed as waiver of any eligible relocation entitlements and/or benefits due the
Owner or Owner's tenants occupying the Property.
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 7,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. The Closing (herein so called) shall occur in and through the office of Reunion Title at 2745
Wind River Lane, Denton, Texas 76210 ("Title Company"), with said Title Company acting as
escrow agent, on the date which is 45 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.
5. 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 Property for the calendar year
in which the Closing shall occur shall be prorated and submitted by Seller 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 Property Tax Code Section 26.11. If 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. Seller shall pay for those taxes attributable to the period of
3
time prior to the Closing Date (including, 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 Buyer 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 attorney's fees, if any, which shall be paid by Owner.
6. The date on which this Agreement is executed by the City shall be the "Effective Date" of this
Agreement.
7. 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.
8. 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.
9. 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 Property; or (ii) enter into any Agreement that
will be binding upon the Property or upon the Owner with respect to the Property after the date of
Closing.
4
10. 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:
OWNER: CITY:
MD Masud Reza City of Denton
Paul Williamson
Real Estate
216 W. Mulberry Street
Denton, Texas 76201
Telecopy: (940) 349-8951
Copies to:
For Owner: For City:
Josh T. Westrom Aaron Leal, City Attorney
Law Offices of Jones & Westrom City Attorney's Office
400 West Oak Street, Suite 300 215 E. McKinney
Denton, Texas 76201 Denton, Texas 76201
Telecopy: (940) 565-1078 Telecopy: (940) 382-7923
11. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
12. 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.
13. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed.
5
14. 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 Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
15. The execution of this Agreement by Owner constitutes an offer to sell the Property to the
City under the threat of eminent domain by the City. Unless, within thirty (30) days after the
date of execution of this Agreement by Owner, this Agreement is accepted by City by signing
the offer and delivering a fully -executed copy to Owner, the offer of this Agreement will be
deemed automatically withdrawn.
CITY OF DENT
1-6 d l filetnan,""City Manager
Date: �''���� � , 2019
V My
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: fe
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Date: , 2019
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
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BY:w .o
Date
... ,2019
THIS AGREEMENT HAS BEEN BOTH
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REVIEWED AND APPROVED AS TO
FitiarwAal and operational obligations and
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Be 11 ys terms.
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Si Maw
Title
C-ce.'e,"Tiz, t
Department
Date:
OWNER:
MD NNSLld Reza
Date:_ 12019
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) 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 Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
REUNION TITLE
2745 Wind River Lane
Denton., TX 76210
Telephone: (940) 382-3030
Telecopy: (940) 382-0575
Printed Name:
r
Title: G
Agreement receipt date: , 2019
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
DENTON COUNTY
That MD Masud Reza (herein called "Grantor"), in consideration of the sum of TEN
DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of
which are acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED and does
GRANT, BARGAIN, SELL, AND CONVEY to CITY OF DENTON, a Texas home -rule
municipal corporation, ("Grantee"), the real property in Denton County, Texas, fully described in
Exhibit A, and all improvements located on it, together with all of Grantor's right, title, and
interest in and to (a) any and all rights, titles, powers, privileges, easements, licenses, rights -of -
way, and interests appurtenant to the real property and any improvements on the real property,
and (b) any and all rights, titles, powers, privileges, easements, licenses, rights -of -way, and
interests of Grantor, either at law or in equity, in possession or in expectancy, in and to any real
estate lying in the streets, highways, roads, alleys, rights -of -way, or sidewalks, open or proposed,
in front of, above, over, under, through, or adjoining the real property, and in and to any strips or
gores of real estate adjoining the real property (collectively, "Property").
Grantor, subject to the limitation of the reservation made herein, reserves, for himself, his
successors and assigns, all oil, gas, and all associated hydrocarbons, in, on and under, and that
may be produced from the Property but excluding (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 (collectively, "Reserved Minerals"). Grantor, his
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 Minerals and/or related to
exploration and/or production of the Reserved Minerals, 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 Minerals, and/or related to the
exploration or production of same.
Page 1 of 3- Special Warranty Deed
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 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 "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 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.
Nothing herein shall be construed to prohibit the production of the Reserved Minerals
and/or the pooling of the Reserved Minerals with other lands, so long as all surface operations
are located entirely on lands other than the Property.
Exceptions to conveyance and warranty:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances to it in any way belonging, to Grantee, its successors, and its assigns forever, and
Grantor binds itself, its successors, and its assigns to WARRANT AND FOREVER DEFEND all
and singular the title to the Property to Grantee, its successors, and its assigns against any person
lawfully claiming or to claim the same or any part of it, by, through, or under Grantor, but not
otherwise, subject to the Permitted Exceptions.
EXECUTED as of the day of _ , 2019.
MD Masud Reza
ACKNOWLEDGMENTm
State of Texas §
Denton County §
This instrument was acknowledged before me on the day of
, 2019, by MD Masud Reza.
Notary Public, State of Texas
My commission expires:
Upon Filing Return To:
City of Denton
Development Services Annex
Capital Projects — Real Estate
216 W. Mulberry Street
Denton, TX 76201
Page 3 of 3- Special Warranty Deed
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 1.656-acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the
City of Denton, Denton County, Texas, and being all of a called 1.665-acre tract of land
described in Deed to MD Masud Reza, as recorded in Document No. 99-125206 of the Real
Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly
described as follows:
BEGINNING at an "X" cut found at the northeast corner of said Reza tract, common with the
northwest corner of a called 4.458-acre tract of land described in Deed to Orion UNT, LLC, as
recorded in Document No. 2014-130802 of the Official Records of Denton County, Texas
(O.R.D.C.T.), and located in the existing south right of way line of Eagle Drive (60.00 foot
R.O.W.);
THENCE South 00023'09" East, departing the existing south right of way line of said Eagle
Drive, and along the common easterly line of said Reza tract and the westerly line of said 4.458-
acre tract, a distance of 27.10 feet to a 1/2-inch iron rod with cap stamped "Metroplex 1849"
found at the north line of a 1-story masonry building;
THENCE North 89051'22" East, along the north line of said 1-story masonry building, a distance
of 4.75 feet to the northeast corner of same;
THENCE South 00014'43" East, along the east line of said 1-story masonry building, a distance
of 66.40 feet to the southeast corner of same;
THENCE North 89059'38" West, along the south line of said 1-story masonry building, a
distance of 4.59 feet to an "X" cut found for corner;
THENCE South 00023'09" East, departing the south line of said 1-story masonry building, and
along the westerly line of said 4.458-acre tract, a distance of 110.31 feet to a 5/8-inch iron rod
with cap stamped "TNP" set at the southeast corner of said Reza tract and the northeast corner
of a called 0.386-acre tract of land described in Deed to University Place, L.P., as recorded in
Document No. 96-47249 (R.P.R.D.C.T.);
THENCE North 89015'17" West, departing the westerly line of said 4.458 acre tract, and along
the common south line of said Reza tract and the north line of said University Place, L.P. tract, a
distance of 357.74 feet to a "Y" cut found at the southwest corner of said Reza tract, same being
the northwest corner of the remainder of a called 0.224 acre tract of land described in Deed to
University Place, L.P., as recorded in Volume 3263, Page 664 of the Deed Records of Denton
County, Texas (D.R.D.C.T.), and located in the existing east right of way line of Bernard Street
(variable width R.O.W.);
THENCE North 00032'43" West, departing the north line of said 0.224-acre tract, and along the
common west line of said Reza tract and the existing east right of way line of said Bernard
Street, a distance of 197.46 feet to an "X" cut set at the intersection with the existing south right
of way line of said Eagle Drive, same being the northwest corner of said Reza tract;
THENCE North 89043'46" East, departing the existing east right of way line of said Bernard
Street, and along the common north line of said Reza tract and the existing south right of way
line of said Eagle Drive, a distance of 358.22 feet to the POINT OF BEGINNING, and containing
1.656 acres of land, more or less.