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The recitations contained in the preamble af this ordinance are incorporated as if set out fully herein. � �.+- � •- .�� - . �� -• �. � � r' � � - � - � . � .' - . . • . _ �, , � • . � . - � . � �� .. � i .. , , � '�. # � �� '�. � " � ��, .� •. �...: • " � ' ��. . � ;� � F. � ...... � ' � '��. � �: . �...,. ...,.. � �� ...� • ' ... • .. � ��. #' � .,. � � ..1. ►�'�. 1 � �..' ' � � ', ` �� '�. � + '� + �'�. I' �: � � !' . • - � • �•' �� '+ `� . ; + � � � • � = , + �� • ' • ! � �' � � � � ` �', � ' •�'�� .•I . . � � � . � . ! ! � � �' � ' � • � . # . . � * . f'' � # � ' • � . � � , unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The mc�t�� r ��E��rove this Ordinance was made by „� � ,� �' �� `��,�� m __ and seconded by _�"��:�"k,��'�'..�_� �iu�5,��'T� _; the ��rw��Na��r��c� was passed and approved by the following vote � - �: Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Laxge Place 5: Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the �SL��___ _ day of ��,��, �,� �� 2019, � , � �� v� � � ' w^�� ,�',a� �,�,w.. .e� ... ,__..... '" . �. ." CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: � � �a � �w� �. � � �; ��.. �:.— �...":.� �,� �..� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY �� ,� � � , � � �� * �� " BY: ,w� � ��' �. �� ---- -- ------ __ — � — -------- � , . . , � � � : • • . # . - � . . � ;, , � , , � . . , - - � . . �• - _.� �� _. � � � _ i - 1 . ,, . ; � � . ,. , R� . �� - ♦� 1- w . . 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' � ' � ,� �� ' ''� � � ! •#' � -� � � #, + • •� 1 � 1 � •. #� "' . • •�' . �; � . . � . � ., � � � �� . �� .•, # � � � � . ., . . .; � � � � ' �' # �� . � �� ! ., • ' # ' � . . � '� # �' � � 1 a � . 1 a a ♦ � .. �,� . .. � -. � . � � ;�, • � �� • � �' � ..,. � ' � - " � ♦ �. .. � • � ' �. � �� '�. �. .. � , # ' *' :• � !�� . • � ♦ •' + � f;# ! ...... � • i�' � ....,w � �.: '.� •., �.,# � � ��.'�� '�'. � � + '� ' ' �, . � � �� • '• ' ' �' • � 1 � WITNESSETH: r � . �� - � _ � .. � �� . �' - r �� . - � �� • . - � . - . � �� • • �� - • r �� - ,� - ` . � _ . •�� . � � � # ! - � � �� - � � . . . � r- * . �. � � : � � - �. • �• w . Contract of Sale — 5pencer Plant Denton Page 1 of 14 addition to the City of Dentan, Texas, and used for electrical utility purposes ("Spencer Interchange"); WHEREAS, Dentan is in need of the Property far the expansion of the Spencer Interchange; and WHEREAS, Garland will require access to its remaining real property ("Remainder Tract"} via the Garland Access Easement if the transactian cantemplated herein is cansummated. NOW THEREFORE, far good and valuable consideratian, this Contract is executed upon the following terms and conditions: 1. Purchase Price. The cash amount for the Property due from Dentan at closing is �;`��)�rol��.i�l� ("Purchase Price"). 2. Earnest oney; Title Co pany; Purchase Agree ent: Within five (5) business days of the full execution af this Contract, Purchaser shall deliver the sum of �� i�� ("Earnest Maney") to Republic Title, 201 Main Street, Suite 1400, Fort Worth, Texas 76102 ('°Title Campany"} to be held by the Title Company as Earnest Money (herein so called} pursuant to the terms af this Contract. The Earnest Money shall be invested in an interest bearing account under Purchaser's Federal Tax I.D. number, and the interest shall be added ta and become part af the Earnest Maney. In addition, within five (5) business days of the full execution of this Contract, Purchaser will deposit with Title Company a fully executed ariginal counterpart of this Agreement. If this Cantract is properly terminated by Purchaser pursuant to a right of termination granted ta Purchaser in this Contract, the Earnest Money will be promptly refunded and disbursed to Purchaser, and the parties will have no further rights or abligations under this Contract (except for any that, by the explicit provisian of this Cantract, expressly survive the termination af this Contract.} 3. Transaction Costs ` - - •. - _� � �• . �- . . • - � • �'-. - • . . � �. i- -. -� . • _ . � � - • • . •� . '� ' - •� - � .: --• • �- -� � _ . . • _ . _ # _�� .r . � • . B. Purchaser will pay the basic charge for the Title Palicy; the escrow fee charged by Title Company; the casts to prepare the deed; the costs ta obtain, deliver, and record all documents other than thase to be recarded at Seller's expense; the casts of work required by Purchaser ta have the survey reflect matters other than those required under this contract. Purchaser shall not be responsible for Seller's attorney fees. � . � '� �� A. Purchaser shall have fifteen (15) days after the Effective Date to review the Title Binder and to deliver in writing to Seller such objections as Purchaser may have to anything Contract of Sale — Spencer Plant Denton Page 2 of 14 contained in them. Any such item to which Purchaser shall not object shall be deemed a "Permitted Exception". If there are objectians by Purchaser, Seller may, but shall no be obligated to, attempt to satisfy them prior to Closing, but 5eller shall not be required ta incur any cost to do sa. Purchaser's failure to object within the time provided will be a waiver of the right to object. If Seller delivers written notice to Purchaser ("Seller's Title Notice") an or before the end of the Clasing date that Seller is unable or unwilling to satisfy such abjections (and in the event Seller fails to deliver Seller's Title Notice on ar before such date, then Seller shall be deemed to have sent Seller's Title Notice on such date stating that Seller will not or cannot cure any of the objectians), Purchaser may either waive such objections and accept such title as Seller is able to convey or terminate this Contract by written notice to Seller and receive the refundable portion of the Earnest Money immediately from the Title Company. Purchaser must send such notice of terminatian prior to the end of the Closing date. If Purchaser does nat so terminate, the waived objections shall be Permitted Exceptions. If for any reason Seller is unable to canvey title in accardance with Section 4(B) belaw, Purchaser may either waive such abjeciions and accept such title as Seller is able to convey at the Closing or terminate this Cantract by written notice to Seller at the Closing and receive the refundable portion of the Earnest Maney immediately from the Title Company. Zaning ordinances shall be deemed to be Permitted Exceptions. As used herein, the term "Permitted Exceptions" shall mean all matters described herein as being exceptions to title; all matters revealed in the Title Binder and in the Survey to which Purchaser daes not timely object; and all matters revealed in the Title Binder to which Purchaser daes timely object, but waives, or is deemed to have waived, the objection pursuant to this Section 4.A. B. Seller represents and warrants to Purchaser that at the Closing Seller will have and will convey to Purchaser good and indefeasible title to the Property free and clear af any and all encumbrances except the Permitted Exceptions. 5. Closing. A. The Closing of this Contract (the "Closing") shall be held on or before sixty (60) days after the Effective Date. The Closing shall occur at the offices af the Title Company at its address stated above. B. At the closing, Seller shall deliver to (1} the Title Campany, all documents reasonably required by the Title Campany to close this transaction, and (2} Purchaser, (i} all fully executed aforementioned instruments conveying the Property from Garland to Purchaser, and (ii) passession of the Property. Any tenants in possessian will either be month to month or under written leases that specifically authorize termination of the lease by the Purchaser following the transaction. C. At the clasing, Purchaser shall deliver to (1} the Title Campany all documents reasonably required by the Title Campany to close this transactian, and (2) Seller (i} the cash portion af the Purchase Price (with the Earnest Money being applied thereto), and (ii) the fully executed Garland Access Easement instrument. Contract of Sale — Spencer Plant Denton Page 3 af 14 D. Taxes, ad valorem or atherwise, for the Property, if any, for the then current calendar year shall be prorated at the Closing effective as af the Closing date pursuant to Texas Tax Code § 26.11. Seller shall credit against the Purchase Price the amaunt of Seller's pro rata portion of such taxes. If the Closing shall occur before the tax rate is fixed for the then current year, the apportionment af the taxes shall be upon the basis of the tax rate far the preceding year applied to the latest assessed valuation, and shall be final. Notwithstanding anything herein to the contrary, Seller must pay the amount of any and all rollback taxes or other taxes resulting from any change in land usage ar ownership that may become due with respect ta any calendar year prior to the calendar year in which Closing occurs and all such taxes for the Property with respect to the elapsed partion of the calendar year in which Closing occurs, regardless of whether such taxes become due after the date of Closing. If the Property is not a separate tax parcel, the taxes for the parcel of which the Praperty is a part ("Tax Parcel") shall be allocated between the Praperty and the remainder of the tax parcel based on the respective square footage, and the amount so allocated to the Praperty shall be prarated as described above. At such time as Seller or Purchaser receives the tax statement for the Tax Parcel for the year in which the Closing date occurs, the receiving party agrees ta forward a copy of the statement to the ather party. After the Closing and until the Praperty and the remainder of the Tax Parcel have been identified as separate tax parcels an the tax ralls af the applicable taxing authorities, Seller and Purchaser agree to coaperate with each ather, and with any ather purchaser of any portian of the Tax Parcel, in paying the taxes assessed against the Tax Parcel prior to delinquency. To the extent allowed by law, Purchaser and Seller shall each indemnify the ather against, and shall hald the ather harmless from, any losses, costs, expenses, liabilities, obligations, actians, causes of action, liens and/or damage incurred by or asserted against the other party, including, without limitation, attorneys fees and cost af caurt, resulting from either party failing to sa cooperate. The abligatians of Seller and Purchaser contained in this Section 5(D) shall survive the Closing. E. If the Property is situated within a utility district subject to the provisions of the Texas Water Code, then at ar priar to the Closing Seller agrees to give Purchaser the written natice required by the Texas Water Code and Purchaser agrees ta sign and acknowledge the notice to evidence receipt thereaf. 6. Ter ination. If this Contract is terminated by Purchaser in accordance with any pravision of the Contract that entitles Purchaser ta receive the Earnest Money, the Earnest Money shall be promptly refunded ta Purchaser, and the parties shall have no further obligation ar liabilities one to the other, except ta the extent they expressly survive the terminatian of this Contract. 7. Default. If Seller shall fail or refuses to consummate this Contract for any reason, except Purchaser's default, Purchaser may at its option, and as its sole and exclusive remedy, (a} terminate this Contract by written natice to Seller within ten (10} days after the failure or refusal and immediately receive the refundable portion af the Earnest Maney, or (b) pursue a suit far specific perfarmance of this Contract; provided, however, if Purchaser does not file the lawsuit for specific performance within thirty (30) days after the scheduled Closing date, then Purchaser Cantract of Sale — Spencer Plant Dentan Page 4 of l4 shall be deemed to have waived the right to sue for specific performance and to have elected to terminate this Cantract under clause (a) above and receive the Earnest Money. If Purchaser shall fail to consummate this Contract for any reason, except Seller's default or the termination af this Contract pursuant to a right ta terminate given herein, Seller shall have the right to terminate this Cantract and have the Earnest Maney paid to Seller as liquidated damages for the breach of this Contract as Seller's sale and exclusive remedy. Such amount is agreed upon by and between Seller and Purchaser as liquidated damages, due to the difficulty and inconvenience af ascertaining and measuring actual damages, and the uncertainty thereof; and no ather damages, rights, or remedies shall in any case be collectible, enforceable, or available to Seller other than as specified in this paragraph, but Seller shall accept said cash payment as Seller's tatal damages and relief. 8. Co ission. Nothing cantained herein shall limit, restrict, impair, or diminish the rights af Purchase and Seller ta amend this Contract to change the Purchase Price or modify any other terms of this Contract. In connection therewith, Seller does hereby represent and warrant that it, its afficers, employees, and agents, have contracted far no other real estate commissions or similar fees and Seller has not acted in a manner so as to give rise to a claim for such real estate commissians ar similar fee. Seller shall be salely responsible for the payment of any and all real estate commissions, claims to such commissions and/or similar type fees arising, directly or indirectly aut of this transaction and based upan the aciions of Seller. Seller does hereby agree to indemnify and defend Purchaser against and hold Purchaser harmless from any and all such real estate cammissions, claims to such commissions or similar fees, including attarneys' fees incurred in any lawsuit regarding such cammissions or fees to the extent such claims or liabilities are based upan the actions of Seller, In connection therewith, Purchaser does hereby represent and warrant that it, its officers, employees, and agents, have contracted for na such real estate commissions or similar fees and, except for the fees ta the abave-named Brokers contemplated herein, Purchaser has not acted in a manner so as ta give rise to a claim for such real estate commissions or similar fee, Purchaser does hereby agree to indemnify and defend Seller and hold Seller harmless from and against any such real estate commissions or similar fees, including costs and attorneys' fees incurred in any lawsuit regarding such commissions and fees to the extent that such claims and liabilities are based upon actions of Purchaser. The indemnity provisions af this Section $ shall survive the Closing or termination of this Cantract. � � � � • - . . • - , . � -• -. • �- -� # �- • _ . . w- . r' * . • , �- . �� . .� � ._ . .• . �• .*- • -r. � # - � -�- , t ' ' �� - r'- �' . • . , w_ . . - ,+'w - -• , • � Ifm„ta Seller: City of Garland Steve Martin 510 W. Avenue B Contract of Sale — Spencer Plant Denton Page 5 of 14 • �• � - -. � - • 1 1 . , i +� - , w � If ta_Purchasera City of Denton Todd Hileman 215 E. McKinney Denton, Texas 76201 Telephone: (940) 349-8200 Email: todd.hileman@cityofdentan.cam '' � ' �' , r . • -• -� � �' -w � - *- . �. �.. .� • �` �.: . .� . _ � . � - ' -• � # � . � - : •. # � � •-�* #, . � . .*. � •' ' c �� ' � ' !' , # ' s � - - � � ' * # ' .' • # M . w'r � � ,� * w'�♦ '� ' '� • ' � !�: r" ! 'i' w �* � .� # ' '• ' � • ��• . .* � - ' ''* ' � � �. . .�w ' ' � .•• ' • .�• . � � . . _ *' . •. � �'� * . , . :# * . � . * . � . � . . � . . .. . � •. �• �' ' � •' •' •' •�w ' i 1 • • . �• ' . . � • -•;# •� ' •''• � # �� '. � , . # � .'. �# _ , 'w '� " ' II' . • * . • - .: � ` � ! . •# . '� '� .. . �' " . # * -�• 'w f' ' '+ ' i• # - . � �," '� C, Integration. This Contract and the Exhibits and Addendum attached hereto cantains the complete agreement between the parties pertaining to the subject matter hereaf and supersedes all prior and contemporaneous agreements and understandings of the parties in connection therewith. The parties agree that there are no oral agreements, understanding, representations, or warranties, which are not expressly set forth herein, and no representation, warranty, covenant, agreement, or conditian not expressed in this Contract shall be binding upon the parties hereto ar shall affect or be effective to interpret, change, or restrict the provisions of this Contract. D. Survival. Any portion of this Contract not otherwise consummated at the Closing will not survive clasing of this transaction as a continuing agreement by and between the parties, but shall be merged at the Closing except far those pravisions specifically excepted herein. E. Binding Effect. Each of the signatories of this Contract represents and warrants that he is authorized to execute this Contract on behalf of Seller or Purchaser, as applicable, and that this Contract constitutes a binding contract between the parties. This Contract shall inure to the benefit of and bind the parties hereto and their respective heirs, representatives, successors, and assigns. Contract of Sale — Spencer Plant Denton Page 6 of 14 F. Cantract as ffer; Effective ate. The "Effective Date", "the date hereof', "the date af this Cantract", the "Contract Date", "the date of execution" and any other similar reference herein to the date af full executian of this Contract shall mean the date the Title Company executes this Contract to acknowledge receipt of this Cantract signed by Seller and Purchaser; provided, however, at Purchaser's option this Contract shall be null and vaid unless two (2) capies hereof, executed by Seller, have been delivered ta Purchaser and the Title Company within five (5) business days foilowing the date of execution hereof by Purchaser. The execution of this Contract by the first party to do sa canstitutes an offer to purchase or sell the Property. Unless the Effective Date accurs within five (5) business days after the date of execution of this Contract by the iirst party, the affer of the Cantract shall be autamatically revaked and terminated, and the Earnest Money, if any, shall be returned to Purchaser. � • 1. - . � . * _* . . , -�. . � • . �� _ . . . r. � .. • " . - .. - , - � - , . . # �. * r H. Interpretation. Where required for proper interpretation, words used herein in the singular shall include the plural, the masculine gender shall include the neuter and the feminine, and vice versa. The terms "heirs, executors, administratars, and assigns" shall include "successars, legal representatives, and assigns." The descriptive headings of the several Articles, Sections, and Paragraphs contained in this Contract are inserted for convenience only and shall not cantrol or affect the meaning or construction of any of the provisions hereaf. I. Enforceability. If any term ar provision of this Contract which would not deprive the parties of the benefit of the bargain shall be held to be invalid, illegal, unenforceable, ar inoperative as a matter of law, the remaining terms and provisians of this Contract shall not be affected thereby, but each such remaining term and provisions shall be valid and shall remain in full force and effect. J. Construction. Each party hereto acknowledges that each af them has had the benefit of legal counsel of its own choice and has been affarded an opportunity to review this Contract with its legal counsel, and that this Cantract has been jointly drafted and shall be construed as having been jointly drafted by each party hereto. Accardingly, the normal rule af construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. K. Access to e ainder Tract. During the Spencer Interchange constructian period, Denton will not prevent or interfere with Garland's access to Garland's remainder tract, inventory, stock, and equipment. 10. ther Provisions. See the Addendum attached hereta and made a part hereof far all purposes, Contract of Sale — Spencer Plant Denton Page 7 of 14 Executed on the dates stated below: Contract of Sale — Spencer Plant Denton Page 8 of 14 SELLER: City of Garland, a Texas home-rule municipality BY: Name; Title: Date � PURCHASER: City of Denton, a Texas home-rule Municipality � . �� M,w�,��- ,� r BY• u.� �.. '�„��mm...... �,_.�� " _ .� ...... .._�.�. �. . Name: � �,� �� -r�i � � �"��° �"�� mmm .... .�. Title: ��"'�� "'�� ... Date: . �....... �0�.�. ��. � �� .. ��"� _._...._ _._._._. ATTEST: f�,��d� i� �c�� .m�::t� ��°�t��—�'°�, � ,,� � " ,f,�, . BV: �.,,,,....„ �„ � ��"u � �� . ,, � �� ,� � .� �l�C'£�(�"�� L�_�� 1,() LEGAL FOl��rl':. �.�z�•c�� ,,,c��1, � dt� ��.�a�� .� �..� �� , �,,: �� ,�� i�' �"'"� � " M�"" � � � ^ 1� M I " f� �`, � i �� " � * � . i� . ! . 1 ''� �� 1 . � �. �� + i � ,., � . �! 1 ' � r �; 1 � • , � � • .� . # � ! � �� } � . '�� 4 � �; " I " �... � . .. ►1 " 1 �i , �i' �iM " � � �'f i� � 1 Ih� .+ �� ♦ ��i♦ �i �. .. �A i, il M 1�. �� A 1 �1 1 � � i 4 I 1 #�'�� ';... # . . . . . . F � . lJ�� i� 4• � � � *� � I� • ��• � i r i � � �. � �' � � � , , , , � • 1 # � ' �. -� r. 1 '' 1) ��,at�,i��9it� ��.��,,ic��. Purchaser has performed all its inspections and feasibility studies pertaining to the Property and has determined that the Property is suitable far its intended use. Purchaser waives the right to inspect or perfarm any and all studies pertaining ta the Property (including, but nat limited to, an environmental study, sails study, topography/engineering study and/or a site analysis}. 2) Lu�1r:�r,"�.�,a��c„m��t. The abligations af the parties hereto are and shall be perfarmable in the county wherein the Praperty is located. In the event that any litigation arises hereunder, it is specifically stipulated that the Cantract shall be interpreted and construed according to the laws of the State of Texas. Venue for any legal action arising out af this Contract shall be Dentan County, Texas. 3) �'�a�°�,�i�s�^��° x��cl ��l�l�� l��l��t��l��i��. Purchaser is not, and Purchaser shall never be canstrued to be, an agent, representative, ar trustee of Seller, under Section 53.021 of the Texas Property Code or under any other camman ar statutory law, for any purpase, including, without limitatian, with respect to the hiring of or cantracting with any engineer, architect, surveyor, or other person ("m�'I��N��°�") for the preparation and/or submission of any surveys or any plans, application, reports, plats, or the other item to the Approving Entities or to any other person ar entity pertaining to the Property. All such Planners hired or contracted by Purchaser far such purposes are the sole employees or contractars of Purchaser; and Seller, as the awner of the Property, shall not be considered as having contracted with the Planner and shall not have any respansibility or obligatian for ihe payment of any amounts owed ta them, nor shall the Praperty be encumbered by any lien ta secure payment of any such amaunts awed to them. The right of Seller to review and approve Submittals as provided for herein is for the sole purpose of enabling Seller to monitor and participate in the appraving entities' consideration of the submittals made by Purchaser which could affect the Property if Purchaser daes not close this Contract, and is not intended to, and shall not, create any liability on Seller for the payment of any amounts incurred by Purchaser io such Planners or authorize the filing af, ar imply that any such Planners have the right ta file, any lien against the Property for the payment of amaunts awed by Purchaser ta the Planners including, without limitation, any lien under said Sectian 53.021. 4} l��i_r�r�„�t �'L��m 1,��,��t��. Both parties hereby instruct and direct the Title Company that if the transaction contemplated herein is not closed or otherwise terminated in accordance with the terms herein pravided that upon the request of Seller far delivery of the Earnest Maney and any interest earned thereon, Title Campany shall, within a reasonable business period of time, disburse Earnest Money and interest, if any, to Seller without necessity of further dacumentatian of any type by either Seller ar Contract of Sale — Spencer Plant Dentan Page 10 of 14 � � - �• . � ' ' � � . � � �. � ' '. ' # � , � f �� • " i# ' ' . • � . • �• .. ., . � �• . ' # .# � . f' . � . . .� '• • � ' # • ' �; . • # . • � � " • � �� ; ' .� ' ♦ �'�� ♦ � � � . - r�! " � ' ��'! . '. . � • •' • t � r , �' + � • I . + ' • " ' . # • . � . . # ' ' � ` ! . ; � •, . � ., � . + ' . � � • � ! . �:#'�' ! • F � • • ♦ !' . � + . � � • � � ' . • ' .' # • # � . � � � " #, • � � . . . � f . � . . . � * • . ., # # ' ' !` • ' � . 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R ♦ � R� l . � � ��... �. � . .. ♦ .... * ��. � . # � .... � , � ',.... � ��+ . � � , ... �; .� �. . � �: , 1 ...: � � �. � '��. l � ��. Cantract af Sale — Spencer Plant Denton Page 11 of 14 � �' , , � R � ��. � 1� � � ... • �� ... � � �-, � � � � -. .� .. # , .. � � � ��. .. R !: �. � '.',. � !� � # �',, �., ' �.:. #�, * ........ � �� . � � �, . � ♦ � ' �� ,� .� � � �� I: ',. , l � ! ! � #�. � R 1 � � '. � � 1 1� � � �� r- � '� � � ' � # " !�'�. � '., � �� ....... � � .: � .: ! R �� '�. R : � * R ! R � � � � � � ', 1. � � �� '�. � '�. l R• ' � ...., � �; �� , . � ; . R � �...... .,.. R '' � ,, . * .: � #., ,..,... � : � ��..... . � � . ` � .,.. . � � �' �. '�. �. � ,. . � � . � � � 1. , . , l � .i # � . � .. � ,. � ��, I � 1. � .. R � � '. � � �' . � , � : �� 1 ! � �. .I, ! R � �'.... .� ', � � � � � !. ! � ! � : �� ... � �� ..R ! '. ��. '. R � , ► ,. � R � R� � ',. . � � . .... ! �.. ... l . I �� • � �, : Y ! l. � �' l l. � ��. ��.:• "� , • ��. ' ' � • � � �: ! � ., � .. - �� '��,. � � ..,. � � : � . � ' �: ... , " *�: . '. ., . . . . . � � ..... � .. � ..'�. �... . ...,. .. � � � ' ..��. � r • -�. � r " ' • � • !' � � •'�" � ' + /. - . . ., � �'' ' � � ' � �'.' .�" ! � � !' • . - � 1. ,- '.;. • ' �' � .. � � �., � �'� i ' ,�. � � �:. • � ..'�. � .'..... 1 i • �' �'�. � �� ..... � # "�� ! � ' !� � ' ' � . '� # � �� ! � �' . '� � ' � ' � ' � ' ' •' ' ! i ' � �� •�' . . � �� • " ! . ��# � .�' ,� � . � � ., � .�' � . .� ! � � •-' � '�' � / � •. . � . �� • � ' 1 • . � • � . � �' .I �' . '� . • . ! � • � � # � # •. . �. + �. ! � • ! � #' � '� � �'�• � ' � ' i ! !'� � ` �, # � . . .� � - � ; . '� � � � ` � . � �� ' � . '� ' ! � � � ��' ',� ' � � � . .� • � � � � • •� ,. ' '�'1 • •' ��'� ��•'�� `, � � ��,�' • 10} I ai��;,,�� m� I_�� E;^��ce. Time is of the essence in the performance of this Contract. � �� r �� ` . �� • � ' - '� ' • t w . ''�� s- ' R- � . � � EXECUTED on the dates listed below, with the EFFECTIVE DATE being the later date on which either Party executes this Agreement. � � Seller: City of Garland, a Texas home-rule municipality By' -- Name: Title: Date: Purchaser: City of Denton; a Texas home-rule municipality � ..�., ,� � . � � � By. �,�� .. � �... Name � � �,�� _� ��,� . — Date �.,�� ' � �I�r�� "'@�� ° � ��`�rv� ... --- e.� _.._�� ,� �� . � .. �.,_ .... ATTEST: I��„� I�;��,��,, t i�y,�;_�t.��,c�� ^ ��, �, ��d � �� _. .� 1�:�� ,�� „ .',�� .,� � ��,, ��.�� Aaron�Leal� C � � �� LEGAL ��C.��C�!l;am �� --__ �� _ itv Attornev . �..�..� . �� .�. .�� ,o„ .� � �� i� • �m� � � �'�� " '��I � ��° � � o� �� u�� w�, �. P� Title Company: Republic Title : Contract of Sale — Spencer Plant Denton Page 13 of 14 Contract of Sale — Spencer Plant Denton Page 14 of 14 � � �� '� � �� a �s � P � �� p �� n � � �� q �� Y�� g �� u �' � �� ,�� r� � � n �� R'� � �� ' q n�� , � �° �� ' u � . '� 5 N �Q ��m� �� W ��M ��~ ._. � _..�. .,. m_.�.. �. �,._ � , ��_ »,:�:�.,o,�,,. �* � �� _. � � ��, .��. _. � F{ K� � �� ( �� I �� u �� mm � �� y� �� i arrm oeiai a.ccaa�W� P� �q "'1'r'Ls�u�L.�..u.�,�,.,�+tc��l'v�,�vrwG �,. . a@ql� � t ,. ,S"'"'".., Q�6�6 �aBW�t r ,�..�',:9�^ ^�� f� �y �� " � � ,,, �~I � �`Yt @ y�I"..�, ., i. _. ,... .... ...�... M _ � � � — � � n'�� P � ��Y a � . . , " � � ' �� 'r i� �� i � +r � �' ��, __ . i� , �4�f . � �� r _ _ � �^_ I�� :m..P..� �� 4 �i � �" ��... m� �� _ � � „60 �0. M5 hlk�A%��&pl r� i�' B� I .,� � e �, „„� . m.. . ._... 'I Y Ir. � � P' il ilr '� 171tl " ,. ....� t ��.,� I P (Q�� I� j S�4 � ' �e+� P�i i 1 i�y r .ra. i� t� .�� y i r, � f �� t �'� '' � ` �� r^�� r �� i �� y � . �/� , � f��,� 1 ��'k f � ' `��'�''v� 'OT I� `� �p�%4Y� f r �m ��d' 1 ��" !'� f I �� ` v ..�' �'� �� M'"�" �Y �� ryl � Pm � �� i f � � VP� � � Y �'A i . � . �� r �� a i � � �� .,,,�J��..� .� �" � � �, � r i � r � , i � �a^+� '° " b �r �-� ��.�: � w. �� '�.., f` � � �� r�'� �r�� ` ��°�� in � rr� �"'�� rJ �� 6�" �w� !'� a'��q��$ or m . r� ��" �, ��p. `.,�� f �, � � � , � � �, ,: . .� .,..,,, .... � � � • � : ! � ; � . � � . ' ` . . � . � ■ � I; , . � �. . , �' . ! ! � � : � �� .� �� . . , , ,. . , ► �� .: �. �. � �. . �.:� � �` • � � 1 ; ' �� , , , ; �� • 1 : � ' ;; ►� . � . . , . '� - � , , � • , . ♦ • •- . ♦ � . � . . . No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of enton, a Texas home rule municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201 ("Grantee") receipt and sufficiency of which is hereby acknowledged, has G NTED, BARGAINED, SOLD, and CONVEYED and daes by these presents GRANT, BARGAIN, SELL, and CONVEY unto Grantee a perpetual access easement in, along, upon, under, over, and across that certain real property situated in Denton County, Texas, being approximately 0.076 acres and being more particularly described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY"), for the purposes of operating and perpetually maintaining access and related facilities for passage in, along, upon, under, over, and across said Easement Property, including without limitation, making additions to, improvements on, and repairs to the "Gravel Drive," as so defined and depicted on Exhibit "B,", or any part thereof (collectively referred to herein as the "Facilities"}. �� .., � ..� . ...� �'� � .... �..� ' �.�� '� �' l��..' t�� " •.,,� ' • " . ! ' • " . . ' . � • � • " � ' . ' � . # - , • � � � � � � � .. ��. . , .. � � • � " � � .� . ., � . ! ' •� ., . forth herein, along with all rights necessary far full use and enjoyment of the above grant. Grantee may further, at Grantee's sole cost and expense, install gates in existing fences within . . .. . �` ��'� .� � �� - +. - . •. _ .�� .� � � � _• _ _� when Grantee or its authorized personnel are actually passing through same. Grantee is allowed to place no more than one (1) lock (at any one time) on any gate, which lock may be used in • • � _ � � :. . # . r . '� . • � -. �, . w .� * Grantor from time ta time. Grantee shall not fence the Permanent Easement area from Grantor's � ' # �' This Easement is subject ta the following covenants and agreements: 1. Structures. Na buildings, fences, structures, signs, facilities, improvements, or �� • . � � •w � ' -� ' -� � - . - � ' . • •• • - + - . � .• .�• - , �- � .� . . .� . # .• � • + + + r : •# •- over or across the Easement Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set aut, may alter the grade of the Easement Praperty and may remove from the Easement Property at Grantee's sole cost and expense, 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 necessary without liability � 0 2. Maintenance af Lateral Slope. No activity, of any kind, shall be conducted on the � - . � ��. � . • . . �. •. . ' � �' # " . - . ��- - .� -w far access, including withaut limitation, excavation or movement of soil ar other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access ta the Easement Property by way of existing public property or right- . . � . - � �- .� - - . • . �' -- . • . � . r • � • .. . r` • . _� r• - , - . Property or that may encroach upon the Easement Praperty. Grantee may, at Grantee's expense, cut, trim, or remave any shrubs ar trees, ar portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Easement Property withaut liability ta 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 �. � � . -• _ . # . - - ♦ . . ��. # , •, �• - , •�- � - . . with the City's rights granted to it herein far the purposes granted. � - • . � . . * . , � - • • � � .; -• . . � constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their successors and assigns. Grantee acknowledges the easement granted herein is non- exclusive, subject ta the rights herein granted. However, Grantar agrees not to assign further easement rights within the Easement Property to any other utility providers without the prior, written consent of Grantee. Upan written consent of Grantee, such consent to be exercised at the sole discretion of Grantee, other utility providers may be permitted by Grantee under separate grant fram Grantor to construct, operate, maintain, repair, replace, and remove their respective _ # � . �- , • . � - . - - ' �r' r- �- • . • . � . . 0 . •` ♦`' `� ♦ � .. �; a � I� • ��' ` .i� . �� . .� �� . ' " � .,� . • . , _ �� . � • �� . . . ♦ . � . . # � �- - • - , � �� ` � � - �' . . � . . � �. � � .. . s . � . . . . . �. � � f � - , ; �.� � , i. , `M' i 1 � •` � i i � i �XECLTTEL? th� day of ., 2019. .. , ! � � ' �� 1; . 1 1 � � , � 1 * � #. , . �� - � . ' . , • � , � � . � , - � •. �- � . , r-. -* � . + . - . � - • ►- - �- � � - - ► .�� . -_w , ` . w . � .� .� � , . . . .� . . . . . . ., • ! . ♦ ♦� ' . ,w w *` � ♦ • • � • •N', GIVEN UNDER MAY HAND AND SEAL OF OFFICE, this the day of , 2419. AFTER RECORDING RETURN TO: City of Denton — Engineering Department Real Estate and Capital Support 216 W. Mulberry enton, Texas 76201 Attn: Deanna Cody G� � . *' • • + � � ` � ' EXHIBIT "A" ACCESS EASEMENT NO. 2 Part of Lot 3, 8/ock 2— Municipal Utility Addition BEING a 0.076 acre tract of land sltuated in the Mary L. Austin Sunrey, Abstract No. 4, City of Denton, Denton County, Texas, and being a part of Lot 3, Block 2 of Municipal Utility Addition, �rv �d�lition to the Ciry of Denton, Texas, according to the Replat thereof recorded in Document No. 2009-139 of the Plat ��,�q°ds of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in a common interior line between the above cited Lot 3 and Lot 2, Block 2 per said Replat of Municipal Utility Addition recorded in Document No. 2009-139, from which a 80d nail found for a common interior corner of said Lots 2 and 3 bears North 88°55'42" East a distance of 67.16 feet and a 1/2 inch iron rod with cap stamped "Coleman RPLS 4001" found for the Southeast corner of said Lot 3 and the Most Southerly Southwest corner of said Lot 2 bears South 39°44'02" East a distance of 405.17 feet; THENCE South 88°55'42" West along said common line, passing 1/2 inch iron rod with illegible cap found for a common interior corner of said Lots 2 and 3 at a distance of 1.12 feet, and continuing for a total distance of 33.15 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for corner in the East line of a 60' wide access easement per said Replat of Municipal Utility Addition recorded in Document No. 2009-139; THENCE North 01"10'45" West along the East line of said 60' wide access easement, for a distance of 100.00 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for comer; THENCE North 88°55'42" East departing the East line of said 60' wide access easement, for a distance of 33.15 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT' set for comer; THENCE South 01°10'45" East for a distance of 100.00 feet to the POINT OF BEGINNING, and containing 0.076 acres of land, more or less. NOTES: 1. Beerings are refer�nced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) Epoch 2010) as derlved locally from Westem Deta Systems Contlnuously Operafing Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent su►face values utilizing a surface adjustment factor of 1.000147317 to scale from grid to surface. 2, An Easement Exhlblt of even date herewith eccompanies fhis Easement Description. See Paqes 2 end 3. ��'�� ° ��.� �"" � �� '"" �"�� ,r^��' '��m � N,e�� Todd �. Turner, F�,�.L,S�. I��, 4859 �••... Teague Nall � Perkins 1517 Centre Place D�ive, Suite 320 Denton, Texas 76205 940-383�177 Date: July 31, 2017 0.076 Acre Access Easement No. 2 Page 1 of 3 cirY oF OARLAND,TEXAS DOC. NO. 200�23494 R.P.R.D.C.T. LOT 3, BLOCK 2 MUNICIPAL UTILITY ADDITION DOC. NO. 2009-139 P.R.D.C.T. PROPOSED BOUNDARY (sv��,a�a��---�, INSTRUMEN'� �� w�rvrc�vw �� r.r� �cr�r �a ��'�r�,r ��e ��. . �;� � i �. �, .�. e..s... � J FM 1 -cr w z J � J A C S O� 88°55'42"E �� 67.16' ��e�, 1 .1 1 � ��iiii� �io�rr,,;i;�i�iiiii��/%/////i/i/1i/% ,,,,,,< i�� ., �ii/iii , ��;;, �� //D///, ^ •/ v ,� � ; ' "�' :: I . ' A . . - .� •. •� �'- •� •• � � INT OF �� 'I�'� i��'1, G \ � � BEGINNING +�,�� , �� `' �:1� ��" �`r �� dk°�� Ord.Y � _ �� I \ ,��-� � �,- � � ��— �� .��,' �� Mti^y�6.1% _.�. � —OHE� � ��'dpr � � � . ,. : s�a�.� Y � ��I �p �.., � P � �.�' � � I � � � �..�. �A� I � � � ,rr� �e• � � � I � ��Zq I 1 � '�' �� ! � � �� N �.a i �. c�� I p I � � ��,�, �� ,.,. � .° � � �� p �� ^�„ ,, �. � � - �� .I�o' ` � ' � �w � � a��«�.. �..:' �,,.v ,�� .,.�.rr �,.,��._ _. GUTION rs�, r rvc —�v�r�^r�� . (IYP�CALJ �� ,O LOT 2, BLOCK 2 N�� MUNICIPALUTILITYADDITION DOC NO 2009-139 �,�,o�� P.R.D.C.T. � 1 � � � 1� � LOT LINE �� .h � ��'��.r��^`�r - ,��+��'�� °N� �� r�r.��r��,� � . ��, ��r��'��n�� w�s�.. ��r�; �� .��.�,�:�. d AOS LOT 3, BLOCK 2 MUNICIPAL UTILITYADDITION DOC. NO. 2008-789 P.R.D.C.T. �rr c� � � �ca.EMaw�.s�oor .1 ` 3"dW�Eii�C ��da�f. coRn��xn Posr � �CONCRere CurreuNa IX/STfNO�I�'d^�QV�0.�+;AY� v��a�kMW�a�r"�� vmve a su�u � � �� PAW� (VARIAALE WIDTH RIGHT-OF�WAI� � ��M �."Y�4' d.PN�.T� . . � NOTE: See Pape 1 for Legal Deacriptlon. �, ,� � q"��^�- �' �' 2. See Page 3 for Lepend & Notes. ».. • * � � ��,�� teasue nall & perkins 1517 Gnlro Plae� Driva, Suile 3Z0 Donlon, Texas 76205 940.383.4177 ph 940.383.8026 fx ��j �� TBPLS Flrtn No. 10011601 � www.lnpinacom EXHIBIT "B" � BEING A 0.076 ACRE TRACT OF LAND SITUATED IN THE MARY L. AUSTIN SURVEY, ABSTRACT NO. 4, AND BEING A PART OF LOT 3, BLOCK 2 MUNICIPAL UTILITY ADDITION C/TY OF DENTON, DENTON COUNTY, TEXAS DME13222 PAGE20F3 ._�.�..._... ..�..� �.�..mm_.. LEGEND O_. ��..IRON ROD� ........... .. FWND (�PINp.�SS NOTED OTHERVASE) �� S/B IRON ROD SET STANPED 'TNP INC ESMT' �-�YV�� _.�,w»�,..,, .....,..�...�._.�....�.,� Q 6/8 IRON ROD SET STAMPFD '7NP' (UNLESS NOTED OTHERN7SE) .�. . UCHT POLE PONER POI.E A71AOS CAS SIGN (AGS) UNLESS NO7ED OTNFRINSE �mmmmm� _...�. ..� �» ,. ' GAS 7EST STATION .�,.' FlRE HYDRANT �� STORM DRAIN MANNOLE y;�G�MV�Y� � TELEPHONE UTILITY WAlER MANNOI.E _._��...' ,.m. ..m.� ... ,, � ..�� ' WA7ER METER (WM) �V 2" PVC WA1ER PIPE EASEMENT BOUNDARY LINE PROPERTY UNE - . . .. � RIGNT-OF-WAY LINE � � EXI9TIN0 EASEMENT LINE ��- -�--- � .� �. FENCE LINE �_....._��--�•�y._.mm...� OVERHEAD ELECiRIC LJNE -OHE- - �V1E- - -OHE- - - NOTES: 3. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surtace values utilizing a combined scale factor of 1.000147317 to scale from grid to surtace. A Legal Description of even date herewith accompanies this Exhibit. See Page 1. See Page 2 for Easement Exhibit. 4. This Exhibit was prepared without the benefit of a current Title Commitment or Encumbrance Report. Additional easements, rights-of-way and/or other matters of record may affect this tract that are not shown hereon. teague nall & e�kins 1517 Gnfro Plaee Drive, Suita 340 D�n1on,Toxaa 7620b 940.383.4177 ph 940.383.8026 fx �r� k" I� TBPLS Flrm No. 10011601 ��' www.fnpinccom EXH/B1T "B" � BEING A 0.076 ACRE TRACT OF LAND SITUATED IN THE MARY L. AUSTIN SURVEY, ABSTRACT NO. 4, AND BEING A PART OF LOT 3, BLOCK 2 MUNICIPAL UTILITY ADDITION C1TY OF DENTON, DENTON COUNTY, TEXAS DME13222 PAGE30F3 !; � I '1 ' • ' !; .� . . �. , � � • • � i• • � 1' � 1 � !. , �, � , . . . . . ' �� ' ! ' '' �� ! 1 f . . # , � �� . �� I 1 ' ! . ■ ; ■ � � � � � ■ � ; � . 1 . � ��.... ..: / �'. �. ,:. ' i :1/ :�,A V�� . � . . ♦ ♦ \.... � � �, � .. ! 1 R � ' � � :' I ' . : . 1 f • ` . � � '' 1 . , . f' No/100 Dollars ($10.00} and other good and valuable consideration in hand paid by the City of arlan , a Texas home rule municipal corporatian, which is located in Dallas County, Texas, and whose mailing address is 200 N. Fifth Street, Garland, Texas 75040 ("Grantee") 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 Grantee a perpetual access easement in, along, upon, under, over, and across that certain real property situated in Denton County, Texas, being approximately 0.210 acres and being more particularly described in Exhibit "A" and illustrated in Exhibit "B" attached hereto and incorporated into this document by reference (the "EASEMENT PROPERTY"}, for the purposes of operating and perpetually maintaining access and related facilities for passage in, along, upon, under, over, and across said Easement Property, including without limitation, making additions to, improvements on, and repairs to the "Gravel Drive," as so defined and depicted on Exhibit "B,", or any part thereof (collectively referred to herein as the "Facilities"). Grantee shall have the right of free and uninterrupted use, liberty, passage, ingress, egress, and regress, at all times in, along, upon, under, aver and acrass the Easement Property for Grantee, its agents, employees, contractors, workmen, and representatives, for the purposes set farth herein, along with all rights necessary for full use and enjayment of the above grant. Grantee may further, at Grantee's sole cast and expense, install gates in existing fences within such Easement Property. Each entry and exit gate shall be securely closed and locked, except when Grantee or its authorized personnel are actually passing through sa e. Grantee is allowed ta place no more than one (1) lock (at any one time) on any gate, which lock may be used in cammon with other locks on such gates for use by Grantor and other parties authorized by Grantor from ti e to time. Grantee shall not fence the Per anent Easement area fro Grantor's remaining Property, 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, except for the Gravel Drive and possible gates mentioned abave, shall be constructed, erected, reconstructed, or piaced in, along, upon, under, over or across the Easement Property. Further, Grantar stipulates and acknowledges that the Grantee, in consideratian of the benefits above set out, may alter the grade of the Easement Property and may remove from the Easement Property at Grantee's sole cast and expense, such buildings, fences, structures, signs, facilities, improvements and ather 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 deerns necessary without liability to Grantee. 0 2. Maintenance of Lateral Slape. No activity, of any kind, shall be conducted on the Easement Praperty by Grantor that may impair, damage, or destroy the lateral slope established far access, including without limitation, excavation or movement of sail ar other material, 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Easement Praperty by way of existing public property or right- of-way, or other property in which City possesses a right of access. 4. Trees and Landscaping. No shrub or tree shall be planted upan the Easement Property ar that may encroach upon the Easement Property. Grantee may, at Grantee's expense, cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach ar overhang upon the Easement Property without liability to Grantee, including without limitation, the abligation to make further payment to Grantor. 5. Grantor's Rights. Grantar shall have the right, subject to the covenants and restrictians contained herein, to make use of the Property for any purpose that does nat 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. Grantee acknowledges the easement granted herein is nan- exclusive, subject to the rights herein granted, However, Grantar agrees nat to assign further easement rights within the Easement Property to any ather utility providers without the priar, written consent of Grantee. Upon written consent of Grantee, such cansent to be exercised at the sole discretian of Grantee, other utility praviders may be permitted by Grantee under separate grant from Grantor to construct, operate, maintain, repair, replace, and remove their respective utilities in, on, over, under, and across the Easement Praperty perpendicularly or as otherwise � I �� i` i` , .�' � � . ', � �� ' � �'� � . . . �, . . � � ♦ " ` s � � � `��`� �� . .�� .� � .;. �� , . . �.� � . i �,,. . . . � � ! ��, � � � . , � . � ., . �, .. . ` � i� . .�' � ! s ,, ! !` , � i • ` . day of 2019, EXECUTED the ....___.. _� .....�. .n ...� ..__..� ' �► � ;�� I� � �, � � � � � � � � � � � � �- � � � ��' r 1 1 ! • ,, . . w�• .�. . ... r° � � STATE OF § ! � * ; � � . �. : -� . # . ' • . � � ' . • � . � . . � !. �." � . '' .�f'•. '�' �� ' . . ��- # • �,' /- '♦ • ;� � � . � �., ' �,' * � " � . � �.� � - # '-# • . � � , -��-� � ' � ' �. �� . � . . �•�� • '� � ��# ' �� # • ��. � ., . • �' GIVEN UNDER MAY HAND AND SEAL OF OFFICE, this the day of , 2019. � �'. � �.. .',. i ��:� r ` ��.. N� ....... � . a � � � t � • .`; . � EXHIBIT "A" ACCESS EASEMENT NO. 1 Part of Lot 3, Block 2— Municipal Utility Addition BEING a 0.210 acre tract of land situated in the Mary L. Austin Survey, Abstract No. 4, City of Denton, Denton Counry, Texas, and being a part of Lot 3, Block 2 of Municipal Utiliry Addition, an Addition to the Ciry of Denton, Texas, according to the Replat thereof recorded in Document No. 2009-139 of the Plat Records of Denton County, Texas, and being more particulerly described as follows: COMMENCINO at a 1/2 inch iron rod with cap siamped "Coleman RPLS 4001" found for corner in the North line of Spencer Road, a variable wldth public road, said point being the Southeast corner of the above cited Lot 3 and the most Southerly Southwest corner of Lot 2, Block 2 of said Municipal Utility Addition, from which a 1/2 inch iron rod found for the Southeast corner of said Lot 2 bears South 87°53'35" East a distance of 127.27 feet; THENCE North 87°53'35" West along the North line of said Spencer Road, for a distance of 51.85 feet to a 1/2 inch iron rod with cap stamped "Coleman RPLS 4001" found for corner at the beginning of a curve to the left; THENCE in a Westerly direction, continuing along the North line of said Spencer Roed, and along said curve to the left having a central angle of 03'14'10", a radius of 1036.50 feet, a chord bearing of NoRh 89°30'S3" West, a chord distance of 58.53 feet, and an arc length of 58.54 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner; THENCE South 88'52'01" West continuing along the North line of said Spencer Street, for a distance of 132.78 feet to a 5/8 Inch iron rod with cap stamped "TNP" set for corner; THENCE North 86°11'29" West continuing along the North line of said Spencer Street, for a distance of 60.03 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner at the beginning of a non-tangent cunre to the right; THENCE in a Westerly direction, continuing along the North line of said Spencer Street, and along said non-tangent curve to the right having a central angle of 00°35'13", a radius of 520.00 feet, a chord bearing of North 85°58'36" West, a chord dlstance of 5.33 feet and an arc length of 5.33 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT' set for corner at the POINT OF BEGINNING for the hereln descrlbed easement; THENCE in a Westerly directlon, continuing along the North line of said Spencer Street, and along said curve to the right having a central angle of 03°19'52", a radius of 520.00 feet, a chord bearing of North 84°01'04" West, a chord distance of 3023 feet and an arc length of 30.23 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT" set for comer: THENCE North 01 °04'18" West departing the North line of said Spencer Street, for a distance of 302.76 feet to a 5/8 inch iron rod with cap stamped "TNP" set for oorner; THENCE North SS°55'42" East for a distance of 30.00 feet to a 5/8 inch iron rod with cap stamped "TNP INC ESMT' set for corner, from whlch a 1/2 inch Iron rod wlth Illegible cap found for a common interior corner of said Lots 2 and 3 bears North 88°55'42" East a distance of 53.95 feet; THENCE South 01 °04'18" East for a distance of 306.47 feet to the POINT OF BEGINNING, and containing 0.210 acres of land, more or less. NOTES: 1. Bearings are referenced to grid norfh of the Texas Coordinate Sysfem of 1983 (North Centra/ Zone; NAD83(2011) Epoch 2010) as derived locally from Westem Data Systems Condnuous/y Operating Reference Stations (CORS) via Real Time Kinemaflc (RTK) survey mefhods. Distances represent surface values utilizing a suAace adjustment factor of 1.000147317 to scele from grid to surface. 2. An Essement Exhibit of even date herewifh accompanies this Easement Description. See Pages 2 and 3. �� f � �� .,� �" f �� w.. �� M�,�.� T�rdia� B. Tumer, R.P.L.S. No. 4859 �"!� T� Teague Nall & Perkins ,�"� ��, � � �" �"�� -d'~,�„ 1517 Centre Place Drive, Suite 320 ��^�^",�'" "�� Denton, Texas 76205 ��*��•��••��^��a�� 70�D �. i�tl�F� 940-383-4177 ��,��.�,�� ,„ Date: July 28, 2017 �� 4869 ,�� 0.210 Acre Access Easement No. 1 Page 1 of 3 � O +illl� dr � n r '•'•' o0 a o �� o� � g �m o ��' � � �� 0 9 z�" °s _ �P�� p � gioan $W�� • � a �'�� / / .... _..._...�... � / / // g ; � f / � ° � " I / �� / �" �" , N � % �� ,� $ � � � �� -IV 01 °04'18". �� . , � � � « � � �u�� Il� � _ �. ��..� �� .�,��_�E__� �� : n� r' �� . " 1. G.N�I�. � � � �� I � � �i � ��d i�� z c� �r � �O � o��m .=-� -'� � � z 0 z m �� r LINE � C Z � ��so F� � vN�oo "��R:� ��N v z :�A"'r" OF DEMON, 7"i�'45r BO'ACCESS EASEMENT ,� DOC. NO. 200�139 PROPOSED ACCESS FJISEMENT No. 2 SEPARATE INS7RUMEM7, LOT3.BLOCK2 MUNICIPAL U7ILITY ADDITION DOC NO 2009-139 P.R.D.C.T. � � NOTES: 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1983 {North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing a combined scale factor of 1.000147317 to scale from grid to surface. 2. 3. A Legal Description of even date herewith accompanies this Exhibit. See Page 1. See Page 2 for Easement Exhibit. 4. This Exhibit was prepared without the benefit of a current Title Commitment or Encumbrance Report. Additional easements, rights-of-way and/or other matters of record may affect this tract that are not shown hereon. teague nal� & perkins 1517 Cenln Plau Driva, SuiN 340 D�nton, 7axas 76405 940.383.4177 ph 940.383.8026 Fx ;a�� f��,�; TBPLS Firtn No. 1001 I601 wwwdnpinccom �r� _ . �_._ �..,,.._ ..... ... ..,,.. ,..r�.� .,...�..�,..p..o,�„ �.�..�qwP-iwr mw.maq. .wv... cu..m�� m ,.0.0 EXHIBIT "B" �' BEING A 0.210 ACRE TRACT OF LAND SITUATED IN THE MARY L. AUSTIN SURVEY, ABSTRACT N0. 4, AND BEING A PART OF LOT 3, BLOCK 2 MUNICIPAL UTILITY ADDITION CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 PAGE 3 OF 3