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21-739ORDINANCE NO. 21-739 AN ORDINANCE OF THE CITY OF DENTON DETERMINING THE PUBLIC USE, NEED, AND NECESSITY FOR THE ACQUISITION OF VARIOUS ELECTRIC EASEMENTS, GENERALLY LOCATED ALONG BERNARD STREET, BETWEEN WEST HIGHLAND STREET AND COLLINS STREET, SITUATED IN THE ALEXANDER HILL SURVEY, ABSTRACT 623 AND THE M.E.P. AND P.R.R. COMPANY SURVEY, ABSTRACT 925, ALL IN THE CITY AND COUNTY OF DENTON, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT A (COLLECTIVELY, THE " PROPERTY INTERESTS '' ) ; AUTHORIZING THE INTERIM CITY MANAGER AND THE CITY ATTORNEY. OR THEIR RESPECTIVE DESIGNEES, TO ACQUIRE THE PROPERTY INTERESTS BY AGREEMENT, IF POSSIBLE, INCLUDING MAKING ALL OFFERS REQUIRED BY LAW; AUTHORIZING THE USE OF THE POWER OF EMINENT DOMAIN TO CONDEMN THE PROPERTY INTERESTS IF AGREEMENT CANNOT BE REACHED: AUTHORIZING THE CITY ATTORNEY. OR THEIR DESIGNEE, TO FILE EMINENT DOMAIN PROCEEDINGS, IF NECESSARY: AUTHORiZING THE EXPENDITURE OF FUNDING; MAKING FINDINGS: PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton ("City Council”) after consideration of this matter, has determined that a public use and necessity exists for, and that the public welfare and convenience requires, the acquisition of the Property Interests, by the City of Denton ("City"). The City Council finds that the acquisition of the Property Interests is a valid public use necessary for the expansion, construction, maintenance, and operation of an electric transmission line and ancillary facilities and structures (collectively, the “Project”), to serve the public and citizens of the City; and WHEREAS, the acquisition of the Property Interests identified in Exhibit A, attached hereto and incorporated herein for all purposes, is necessary in fbrtherance of the Project; and WHEREAS, the City is required to make an initial offer as defined by, and in compliance with, Texas Property Code §21.0111 ("Initial Offer"), and a bona fide offer, as defined by, and in compliance with, Texas Property Code §21.0113 ("Final Offer") to acquire the Property Interests for public use, voluntarily, from the subject landowners before beginning the acquisition of the Property Interests by eminent domain; and WHEREAS, independent professional appraisal reports of the Property Interests will be submitted to the City as required by Chapter 21 of the Texas Property Code, and the Interim City Manager or their designee will establish a certain amount determined to be just compensation for the individual Property Interests based on the appraisals and fair market values of the Property Interests and any applicable fees necessary to acquire the Property Interests; and WHEREAS, the City Council deems it necessary to authorize the City Attorney to initiate condemnation proceedings in order to acquire the Property Interests if an agreement cannot be reached with the subject landowners for the purchase of the Property Interests; NOW, THEREFORE , THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The City Council finds that the recitals made in the preamble of this Ordinance are true and correct and incorporates such recitals into the body of this Ordinance as if copied herein in their entirety. SECTION 2. The City Council authorizes acquisition of the Property Interests, as more particularly described and depicted in Exhibit A, for the reasons and purposes set forth above, together with all necessary appurtenances, additions, and improvements on, over, under, and through the Property Interests. SECTION 3. The City Council authorizes the City Attorney, or their designee, to negotiate for and to acquire the required property rights in the Property Interests for the City, and to acquire these rights in compliance with State law and any other applicable law. The City Attorney, or their designee, is specifically authorized and directed to do each and every act necessary to acquire the needed property rights in the Property Interests including, but not limited to negotiating, giving notices, making written offers to purchase, preparing contracts and conveyance documents, retaining and designating a qualified appraiser of the Property Interests to be acquired and any other experts or consultants that they deem necessary for the acquisition process, retaining qualified outside litigation counsel as needed, and, if necessary, instituting and conducting all parts of the proceedings in eminent domain in accordance with the laws and procedures of the State. SECTION 4. The Interim City Manager, or their designee, is appointed as negotiator for the acquisition of the needed Property Interests and, as such, the Interim City Manager, or their designee, is authorized and directed to do each and every act and deed specified or authorized by this Ordinance, subject to the availability of funds appropriated by the City Council for such purpose. The Interim City Manager, or their designee, is specifically authorized to establish and make offer(s) of just compensation for the acquisition of the Property Interests to the respective landowner(s) in accordance with State law and any other applicable law. If an agreement as to damages or compensation cannot be reached, then the City Attorney, or their designee, is authorized and directed to file or cause to be filed, against the subject landowner(s) and interested parties of the Property Interests, proceedings in eminent domain to acquire the Property Interests. SECTION 5. It is the intent of the City Council that this Ordinance authorize the Interim City Manager and the City Attorney, or their designees, to perform all steps necessary to obtain the Property Interests necessary for the Project, whether through negotiation or condemnation, including the expenditure of funds. SECTION 6. It is the intent of the City Council that this Ordinance authorize the acquisition and condemnation of all property interests required for the construction and installation of the Project for public uses to serve the public and citizens of the City. If it is determined that there are scrivener errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the City Attorney or their designee is authorized to have such errors corrected or revisions made without the necessity of obtaining a new City Council ordinance authorizing condemnation of the corrected or revised property. The Project is generally located along Bernard Street, between West Highland Street and Collins Street, and situated in the Alexander Hill Survey, Abstract 623, and the M.E.P. and P.R.R. Company Survey, Abstract 925, City of Denton, Denton County, Texas. Page 2 SECTION 7. In the event that Special Commissioners appointed by the Court during condemnation proceedings return an award that is the same amount or less than the amount offered by the City for just compensation, the City Attorney is hereby authorized to settle the lawsuit for that amount. SECTION 8. Following an award by Special Commissioners, the City Finance Director is hereby authorized to issue a check from the appropriate fund in an amount not to exceed the Special Commissioners’ award payable to the County Clerk of Denton County to be deposited in the registry of the Court to enable the City to take possession of the respective Property Interest(s) without further action of the City Council. SECTION 9. If any section, article, paragraph, sentence, phrase, clause, or word in this Ordinance, or application thereof to any persons or circumstances, is held invalid or 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 10. This Ordinance shall become effective immediately upon its passage. S e C O n d eU:nW E ; Pg 0 q :11?\: :eI a n C e \r&r a S rrI V % Ormce was pass iS app roSS by the following vote a - O]: Aye Nay Abstain Absent Mayor Gerard Hudspeth:./ J- ,/ 7 a V/ J Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the \ ltD day of 1--a cul _, 2021. G ATTEST: ROSA RIOS, CITY SECRETARY ]B!IF IIIrr : Page 3 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY '= Page 4 Exhibit A Hickory to Locust Transmission Line Project Property Ownership Roster Parcel No. 1 Owner Identity DCAD Parcel Signature Authority Easement Type H L012 CF Midtown Denton Owner, LLC 498438 CF Ride Venture LLC/ Brett Finkelstein Brandon Martino Ramon Garcia Electric Utility Easement H L013 HL015 BJ Martino Investments LLC Mesquite Ridge Of Denton Home Owners Association, Inc UNT 911 Bernard LLC 30064 122410 Electric Utility Easement Electric Utility Easement HL016/HL017 36395 Iconic Investors LLC/Adam Saldana Electric Utility Easement HL020 r DCI Family Holding Company LLC / Ralph Dale Irwin Electric Utility Easement HL021 r Electric Utility Easement EXHIBIT “A“ ELECTRIC EASEMENT CF Midtown Denton Owner, LLC. Tract BEING a 0.097 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas, being part of a tract of land as described in Deed to CF Midtown Denton Owner, LLC, as recorded in Document No. 2018-15780 of the Official Records of Denton County, Texas (O.R.D.C.T.), and being further described as part of Lot 1 A in the Eagle Village Addition, as recorded in Document No. 2012-20 of the Plat Records of Denton County, Texas (P.R.D.C.T.). and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the northeast corner of a called 0.264 acre tract of land as described in Deed to B. J. Martino Investments, LLC. and recorded in Document No. 2011-89150 (O.R.D.C.T.). same being the northeast corner of Lot 1 in Block B of the Paul Hamilton Addition, as rocorded in Volume 346, Page 402 (P.R.D.C.T.), and located at an interior eII comer of said Lot 1 A= THENCE South 00'13'09" East, departing the north line of said 0.264 acre tract, and along the common east line of said Lot 1 and the west line of said Lot 1 A, a distance of 34.89 feet to the POINT OF BEGINNING; THENCE North 89'22'46" East, departing said common line, a distance of 273.34 feet to the intersection with the common east line of said Lot 1 A and the existing west right of way line of Carroll Boulevard (variable width R.O.W.) THENCE South 00'10'09" East, along the last stated common line, a distance of 19.11 feet to a 5/8 inch iron rod with cap stamped 'BDD- found at the southeast comer of said Lot 1 A. same being the southeast corner of said CF Midtown Denton Owner, LLC Tract, and located at the northeast corner of a called 0.1315 acre Right of Way Dedication as described in Document No. 2010-194 (P.R.D.C.T.), same being the existing north right of way line of Collins Street (variable width R.O.W.); THENCE North 87'52'51" West, departing the existing west right of way line of said Carroll Boulevard, and along the common south line of said Lot 1 A and the existing north right of way line of said Collins Street, a distance of 107.94 feet to a 5/8 inch iron rod with cap stamped -BDD- found for comer; THENCE South 88'52'51" West, continuing along the last stated oommon line. a distance of 165.49 feet to a 1/2 inch iron rod found at the most southerly southwest corner of said Lot 1 A, same being the northwest comer of said 0.1315 acre Right of Way Dedication, and located at the intersection with the east line of said Lot 1 : THENCE North 00'13'09" West, departing the existing rnrth right of way line af said Collins Street, and along the common east line of said Lot 1 and the west line of said Lot 1 A, a distance of 15.39 feet to the POINT OF BEGINNING, and containing 0.097 acres of land, more or less. NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202.' 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 an Average Combination Factor of 1 .(X)0147317 to scale from grid to surface. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit "B” If 8 Teague Nan & Perkins 1517 Centre Place Drive. Suite 320 Denton. Texas 76205 940-3834177 TBPLS Firm No. 10011601 Date: March 8, 2018 . /@::,._ qr.b. 3/q DME 13222 - OF Midtown Denton Owner (DME IV Page 1 of 3 al $1 r g i : gig;$$gg 48 B Z PaHi B a 8 n e H10 8a FrII :'1 iB El i 1 I F)E } E f)aFr Zel IBqA 111 q !!!!HIg 3 i3 g0 mrIn qa () a B q q) iE gg ! ! gg $ a >aI ;;di E a =m•nb g OlaTIam gZ HI Z .] g g gRZ i g R E gg Egm 3 i i IHr IH a E A 31 mgmZ g g g N OO'1 FOg- W - 146.32' eARROLL BLVD. gm b) 0TIV (VARIAn E WIDTH RIGHr4nwAY) g NOTES: 1. BearinO8 of IInn shawn hereon are nbrenonl to Grkl North of the Tm8Ccxxdinat9 Sy8lnm af 1983 (North Cerrtrd Zcxte 42C12: NAD83 (2011) EPOCH 2010) as detvnl kx:ally +an Western Data Swtorru Ccxrtinrxxrsty C)petaHng Rdwertn Statkxts (CORS) via Real nme Kknm8tk: (NTH) mdhcxb. The dlstanoe8 8txnm tnr8cn npteeerrt 8urhoe vdun utIIIzIng an Awrage Comblnatkn F%;lu at 1.CXX)147317 to enb eDm gad to 8ud800. 2. AbegaIDesaiplkxlaf avuldato hOIWwtthammpanb9thb E88erTnrRExm#l See ExhIbIt -At 3. ThIs exhlt#t was prBpared wIth trineBt of that alnBnt Tttb Ckxnn#&n8nt, GF No. 2Q27-23t139&RU, wIth an offw:tIvo date of February 20, a317, ptwldod by ReunIon TItle. For 6a$errnnts, rightbcfway arxVor other nnt£er8 af record that may affect thIs tract, the 8UNeVU relbd 80laly on ukl tWo mmmttment. THIS TRAm IS suNnI TO THE FOLLOWING SCHEDULE B HEllS: (1(b) TTnRHkywlng ea8erTnnt$ arxl/or twlldlng IInn, n sIx)wn on plat mcxxdod in Dtx;ument Numlnr 2012-20, Plat Recxxds, Den&>n Cwnty, Tons; P<le8tri8n A£x>ess Easement kxnted at southeast mnu plat (as stxIwn) 8' PubIIc Utility Eanmerrt ahrB swth IIne pM (as 8txywn) 17 Overtnal Transml8sk>n LIne C+eararm Zone 8kxrg RXRh IIno plat (as shown) (ICh) Sidewalk E888ment gnntu! by Campus VW8 CarTtrll LP to the CIty at Denton, Texas, ncxxdul in Document Number 201265502, Official RemIX18, DeMm County, Tom. (w 8tx)wn) THE FOLLOWING SCHEDULE B rrEH8 DO NOT AFFEar THIS TRAn: (ICb) Ttn RIk)wIng easomonts arxl/or txrlkllng IInes, as sIx>wn on plat ntxxdnl in [Xx:ument Numtnr 2012-20. Plat Racxxds. Denton Ccnnty, Texas: S P<!estrian Runs Ea88mont ak>ng myth@st IIne plat (IXit 8tXMen) PuNIc UtiIIty Easement varIable width. (nd shawn) IF Drainage and £bten6on Easerrnnt 8xt©xJing wwt fnxn the east lirn of plat (mt sIx)wn) Vad8bb DraInage and Dot9ntIm Eanmonts. (not shown) le DraInage and Detention Eas8nnnt extorxllng uwtherty from the rnrth IIno plat. (not shown) (10f) Use, Access, and Ewement &}rwment granM tv Hamrrxxxl Jutw Real Estate D8wk>prnont LLC b Mulkay Family Partners, Ltd., mxxded in Dcx:umont NumInr 20ltF37307, Official R<xxd8, Don&n County, Toms. (not sjxywn) EXHIBIT "B" ELEeTRle EASEIIENT BEING A 0.097 ACRE ELECTRIC EASEMEifr SrrUATED IN THE ALEXANDER HILL SURVEY. ABSTRACT NO. 623 CITY OF DENTON. DEMON COUNTY, TEXAS DME13a2 PAGE 3 OF 3 league naII & perkins ISt iF C•rdn Hec• Dr, Sub M) eal$11, Texas 76aas 940.38B.4t77 ph 940.38180a6 fx T.B.Pl.8. FIlm Nn laH16al EXHIBIT “A“ B. J. Martino Investments. LLC. Tract ELECTRIC EASEMENT BEING a 0.068 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas, being part of a called 0.264 acre tract of land as described in Deed to B.J. Martino Investments, LLC, and recorded in Document No. 2011-89150 of the Official Records of Denton County, Texas (O.R.D.C.T.), and being further described as part of Lot 1 in Block B of the Paul Hamilton Addition, as recorded in Volume 346, Page 402 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the northeast corner of said Lot 1, same being the northeast corner of said 0.264 acre tract. and located at an interior eU corner of a tract of land described in Deed to DFW Midtown Denton Associates, LLC, as recorded in Document No. 2013-86165 (O.R.D.C.T.), same being an interior eII corner of Lot 1 A in the Eagle Village Addition. as recorded in Document No. 2012-20 (P.R.D.C. T.); THENCE South 00'13'09" East, departing the north line of said 0.264 acre tract, and along the common east line of said Lot 1 and a west line of said Lot 1 A, a distance of 44.89 feet to the POINT OF BEGINNING; THENCE South OO'13'09" East, continuing along said common line, passing at a distance of 2.39 feet a 1/2 inch iron rod found at the most southerly southwest comer of said Lot 1 A, same being the northwest corner of a called 0.1315 acre Right of Way Dedication as described in Document No. 2010-194 (P.R.D.C.T.), and continuing for a total distance of 15.10 feet to a 1/2 inch iron rod with cap stamped “RPLS 4561- found at the southeast corner of said 0.264 acre tract, same being the southeast corner of said Lot 1, and located at an offset in the existing north right of way line of Collins Street (variable width R.O.W.); THENCE South 89'0CY44" West. departing the west line of said 0.1315 acre Right of Way Dedication, and along the common south line of said Lot 1 and the existing north right of way line of said Collins Street, a distance of 189.16 feet to a 1/2 inch iron rod with cap stamped -RPLS 4561- found at the southwest corner of said 0.2 Ot acre tract, and located in the existing east right of way line of Cleveland Street (variable width R.0.W.) THENCE North 00'59'16" West, departing the existing north right of way line of said Collins Street, and along the common west line of said 0.264 acre tract and the existing east right of way line of said Cleveland Street, a distance of 9.53 feet to a 1/2 inch iron rod found at the beginning of a tangent curve to the left having a radius of 123.50 feet, a central angle of 03'08'51”, and a chord bearing and distance of North 00'31’42” West. 6.78feet THENCE in a northwesterly direction continuing along the last stated common line, and said curve to the left, an arc distance of 6.78 feet to a point for the end of said curve: THENCE North 89'22'46- East, departing the existing east right of way line of said Cleveland Street, a distance of 189.31 feet to the POINT OF BEGINNING, and containing 0.068 acres of land, more or less. NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202: 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 an Average Combination Factor of 1 .000147317 to scale from grid to surface. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit -C- ma FRi;Ii 'C Ri:558Ii Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-3834177 TBPLS Firm No. 10011601 Date: September 6, 2017 MARVIN.: DME 73222 - B.J. Martino Inv. (DME 13)Page 1 of 3 EXHIBIT “B” PERMiTrED STRUCTURE AREA B. J. Martino Investments, LLC. Tract BEING a 158 square foot tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas, being part of a called 0.2&4 acre tract of land as described in Deed to B. J. Martino Investments, LLC. and recorded in Document No. 2011-89150 of the Official Records of Denton County, Texas (O.R.D.C.T.), and being further described as part of Lot 1 in Block B of the Paul Hamilton Addition, as recorded in Volume 346, Page 402 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particulady described as follows: COMMENCING at a 1/2 inch iron rod found at the northeast corner of said Lot 1, same being the northeast corner of said 0.264 acre tract, and located at an interior eII corner of a tract of land described in Deed to DFW Midtown Denton Associates. LLC, as recorded in Document No. 2013-86165 (O.R.D.C. T.), same being an interior eII corner of Lot 1 A in the Eagle Village Addition, as recorded in Document No. 2012-20 (P.R.D.C.T.); THENCE South OO'13'09" East, departing the north line of said 0.264 acre tract. and along the common east line of said Lot 1 and a west line of said Lot 1 A. a distance of 44.89 feet to a point for corner; THENCE South 89'22'46" West, departing said common line, a distance of 19.85 feet to the POINT OF BEGINNING; THENCE South 02'01'19" East, a distance of 1. in feet to a point for corner; THENCE South 87'58'41 " West, a distance of 71.31 feet to a point for corner; THENCE North 02'01'19" West, a distance of 3.09 feet to a point for corner; THENCE North 89'22’46" East, a distance of 71.33 feet to the POINT OF BEGINNING. and containing 158 square feet of land, more or less. NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202.' NAD83 (201 1) 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 an Average Combination Factor of 1.000147317 to scale from grid to surface. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit -C" @+ 74+7/ 4//7 Marvin King, R.P.L.S. No. 5581 Teague NaH & Perkins 1517 Centre Place Drive, Suite 320 Denton. Texas 76205 940-383-4177 TBPLS Firm No. 10011601 Date: September 6, 2017 DME 13222 - B.J. MaRino Inv. (DME 13)Page 2 of 3 eLEVELAND STREET '=bS ig WIDTH RIGHT-OF-WAY) gHg g Eggla- Ben 3 i # gI f:rt i log el !! ! Z a o§§g Bjg; 2 a)b)a0 B !! DD P { } { } { } 3 gg iii ! ! ! > Ea iEag ; a B g g ga g g g; g i S g g i g i g P9agIg bLIgIgi $ $ q i SgBEhrii( ! ! ! 9 a =rtl g o e Sq r q ; ii vX g 8; $i;';{’'irn CD 0TI CD ! !!! EXHIBIT “A” ELECTRIC EASEMENT Mesquite Ridge Condominiums Tract BEING a 0.504 acre tract of land situated in the Alexander Hill Survey, Abstract No. 623, in the City of Denton, Denton County, Texas, being part of a tract of land as described in a Condominium Declaration for Mesquite Ridge Condominiums, as recorded in Volume 1456, Page 435 of the Deed Records of Denton County, Texas (D.R.D.C.T.), and being further described as part of Lot 1 in Block 1 of the Mesquite Ridge Townhouse Addition, as recorded in Cabinet D, Page 18 of the Plat Records of Denton County, Texas (P.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 Lot 1 in Block A of the Paul Hamilton Addition, as recorded in Volume 346, Page 402 (P.R.D.C.T.), common with the southeast corner of Lot 2R in Block A of the Paul Hamilton Addition, as recorded in Cabinet O, Page 318 (P.R.D.C.T.), and located in the east line of said Mesquite Ridge Townhouse Addition; THENCE South 00'05'59" East, along the common east line of said Mesquite Ridge Townhouse Addition and the west line of said Paul Hamilton Addition, a distance of 38.95 feet to the POINT OF BEGINNING; THENCE South 00'05'59" East, continuing along said common line, a distance of 21.06 feet to a 1/2 inch iron rod with cap stamped -RPLS 4561” found at the southeast corner of said Mesquite Ridge Townhouse Addition, same being the southwest corner of said Paul Hamilton Addition, and located at the intersection with the existing north right of way line of Collins Street (variable width R.O.W.); THENCE South 89'04'17" West, departing the west line of said Paul Hamilton Addition, and along the common south line of said Mesquite Ridge Townhouse Addition and the existing north right of way line of said Collins Street, a distance of 819.61 feet to the southwest corner of said Addition, and located at the intersection with the existing east right of way line of Bernard Street (variable width R.O.W.); THENCE North 00'38'23" East, departing the existing north right of way line of said Collins Street, and along the common west line of said Mesquite Ridge Townhouse Addition and the existing east right of way line of said Bernard Street. a distance of 332.25 feet to a 1/2 inch iron rod found at the northwest corner of said Addition, and the southwest corner of a called 2.758 acre tract of land as described in Deed to University Place, L.P., as recorded in Volume 3263, Page 658 (R.P.R.D.C.T.); THENCE North 89'02’28” East, departing the existing east right of way line of said Bernard Street, and along the common north line of said Mesquite Ridge Townhouse Addition and the south line of said 2.758 acre tract, a distance of 1 1.38 feet to a point for corner; THENCE South 00'29'12” East, departing the last stated common line, a distance of 298.19 feet to a point for corner; THENCE South 77'Wl’39” East, a distance of 59.34 feet to a point for corner; THENCE North 89'02’45” East, a distance of 304.07 feet to a point for corner; THENCE North 88'58’52” East, a distance of 372.15 feet to a point for corner; DME 13222 - Mesquite Ridge Condominiums (DME 15)Page 1 of 6 THENCE North 89'16’37” East, a distance of 67.70 feet to the POINT OF BEGINNING, and containing 0.504 acres of land, more or less. NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202: NAD83 (201 1) 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 an Average Combination Factor of 1 .000147317 to scale from grid to surface. An Easement Exhibit of even date herewith accompanies this Legal Description. See Exhibit -C” q L Teague NaII & Perkins 1517 Centre Place Drive, Suite 320 Denton. Texas 76205 940-383-4177 TBPLS Firm No. 10011601 Date: October 30, 2017 i%,So Marvin Kir g!”?./Sblah a Z DME13222 - Mesqutte Ridge Condominiums (DME 15)Page 2 of 6 gi i iI iI gI }18 it gI !l 11 B iI ! g gI B ,_ MATGHLI ia) ! ! ! jg gg > { !: i g ! g g g g P g ga gg { q ; S i }}!} !{}{ P qE i g §8pRrhIP gE I t \ ( :85 nb i)a gil 9 a =m.nb CD E og a) gd a) TESKE CAB. D. PG. 18 S OO'05'59- E (; n: • : : • \ L + P : q 38.95' _. a g la BI nG. LINE }{rn CO0TIa) e .b " rit::'- Iii{{i,:I::: aR + :h ' \in ; + a+ n +• +l4 gI iI gI gI gI {18 El # { 11 iI HI gI gI 1:1 ii LTCHLINI - SEE PAGE 5 OF 6 iii §§§ !!! ; ! ! > { g}q ga B i } { } {gg: } } } } iS}; i; i gigi ig gI g3 B nI gI a gU St gS g g g ;U $ aarr ZV !! B 1\LJ 1B) !ii lq y IBm q El a =rn,nb N O g0TIam gZ LI yaZO gZ -Q a) aUP gB 24' Lrrll EShfr. CAB. D, PG. f8 IBr m =•a E IBg mZ4 ga i g PjCD iE PR R iE By ?By ! bq E=•ll•a -1 Ba .d = g i fiZ g g !! SH nb eD I PPii -dbi imA0TI ab i Hifi jglillIHld 'm o6 i g i g 11 i B iIP iI 11 iI gI e R g H b)18i> { iq gaa B i g B rD 10 g g2 g Sr g g g ( } } } BERNARD STREET (VARIABLE WIDTH RIGHT-OF-WAY) qRA(X XB N OO'38'23•' E {}e {}e d)e 332.25' • !!298.19'_PPI' em, PG. F C) +1 g g ;g i g q gi i : : -1 I T I IN Lrnl ESlfr. aiR. D, PO. f 8 T I 4 T I @, i I1+t I 1+b I r \ ! ! ! y I ba)g i q R g IZ gB t: 3ahI ti !! Im jI I lb B g Pg Fri aarr Zg) laqA n == In g 3 g i gS I Hi ! PRIVATE 18 WATER £SMZ (AS SHOWN ON PLATa =rn.J Ela og U OP ni ;Dmisi CAB. D. PG. 18) IHFia a E HI T I =1 g : i g InA==l•aniHd Ba ! Hi T I I .ab Em al0TI0) IHaq mRmEG 0 15 30 60 UNIVERSITY PLACE LP. CALLED 2758 ACRES SL ALE: IP = VOL 3263. PG. 658 RP.RD.C.T. AtHEIRatIO A g;IrIIIr 1ELRPIIIIpJIrII 30’ \trIP g Iii II f I I 411l11> :J aIT@ihT IIWX e ESAfr. - CAB. D, PG. f8===n••l•IHll•=====nun g g.2FIOiTywoODBLHLDB9a b IUablaaa<Z 9 g LI t:R g E g LU di g ,EarRle MESQUITE RIDGE CONDOS AS DESCRIBED IN CONDOMINIUM DECLARATION VOL 1456. PG. 435 D.RD.C.T.I LEASEMENT 0.504 ACRES I # I L 24' URL ESAfr. CAB. D, PG. 18 Hnqll• LINE TABLE ===== RL –8TFRTNTaM©w®S M’Fua LEGEND FAc EIin IRON ROD FOUND (UNLESS NOTED OTHaRunsE) Wr cur FOUND W CONCREIE acrem aT P @ SANrrARY SEWER MAb#IQLE (SSMH) STORM DRAIN MANHOLE (SDW4) WATER VALVE (U I \ \ \ \ \ gl 1 MESQU ITE RIDGE TOWNHOUSE ADDrrlON CAB. D. PG. 18 P.RD.C.T.IU h SyeD IV)0aa Z LOT f BLOCK I i:EXISTING EASEMofr BUILDING UNE ExisrwG RbGFrr.OF.WAY EDGE OF ASPHALT E4 f I # i 2 STORY WOOD BLILmIG f/L.;‘ #: mFR?TEr-kiHEF•eV••••e•••••+••••+•••••Tl•88 I NOTES:MATGT!!!1InIRE:35 OF 6 1.Beatles of lines sltown hweon are rulerernal tn Grkl North of the Texas CCXXUinatB System of 1983 (North Central Zine 4202: NAD83(2011) EPCX;H 2010) n cbrtved kx:ally from Western Data Systems ContInuously OperatIng Rofenrne StatIons (CC)RS) vIa Red TIme Klruwntk; (Fm) mettxxts. TIto clstan0% 8hwn hereon nprwnt surhx:8 valun utilizing an Average Combin8tkxr FaIlot of 1.0(X)147317 &> scale from grId to surhcIe.@g® 2. 3. A Legal De8cripticn of even data hemwtth mmpar§08 tht8 Ea88rrront Exhibit See Exhk>it -A-.EXHIBIT "B" ThIs exhIbIt was pt8pand wtth tnndtt of tha arr8nt TItle Ccxnmhment, OF No. 2027-23447&dRU, with an stIR;tIvo dab at CX;lobor 3, 2017, ptwXled by Rwnkxl TItle. AddRltxlal easerrtont9, rIghtsofJway and/or other ELEarRle EASEIIENT matters of ruxxd may 8fTect thiS tract league naII & perkins 1517 C•tt6r+ Pho Drtve. SqA 381'np =!!!:g;:T BEING 0.504 ACRE ELECTRIC EASEMENT SITUATED IN THE Al FXANDER HILL SURVEY. ABSTRACT NO. 623 CITY OF DElfroN. DEvrON COUVIY, TEXAS M@EI abt)&man DME13a2 PAGE 6 OF 6 EXHIBIT “A" ELECTRIC EASEMENT UNT 91 1 Bernard, LLC Tract BEING a 0.191 acre tract of land sItuated in the Alexander Hill Survey. Abstract No. 623, in the City of Denton, Denton County. Texas, being part of a called 3.251 acre tract of land, as described in Deed to UNT 911 Bernard. LLC. and recoRled in Document No. 2018.65557, of the Official Records of Denton County. Texas (O.R.D.C. T.), and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the southwest corner of said 3.251 acre tract, common with the most westerly northwest corner of Lot 1 in Bk>ck 1 of the Mesquite Ridge Townhouse Addit}on, as recorded in Cabinet D, Page 18 of the Plat Records of Denton County, T8xas (P.R.D.C. T.). and located in the existing east right of way line of Bernard Street (variable width R.O. W.); THENCE North 00'32'43" Wbst. departing the north line of said Lot 1, and along the common west line of saId 3.251 acre tract and the exIsting east right of way line of said Bernard Street, a distance of 297#1 feet to a "Y" Cut found at the southwest corner of a called 1.656 acre tract of land, as described in Deed to the City of Denton, and recorded in Document No. 201945232 (O.R.D.C. T.), same being the northwest cornor of said 3 251 acre tract; THENCE South 89'15'17" East, departing the existing east right of way line of said Bernard Street, and along the common north line of said 3.251 acre tract and the south line of said 1.656 acre tract. a distance of 75.10 feet to a point for corner; THENCE South 00'28'11" East, departing the last stated common line, a distance of 21,11 feet to a point for corner; THENCE South 86'07'43" West. a distance of 50.44 feet to a point for corner: THENCE South 0<>'26'Q2" East. a distance of 36.74 feet to a point for corner; THENCE South 00'29'12" East. a distance of 234.46 feet to the intersection with the common south line of said 3.251 tract and the north lino of said Lot 1 : THENCE South 89'02'28" Wbst, along the last stated common line, a distance of 24.38 feet to the POINT OF BEGINNING, and containing 0.194 acres of land, more or less NOTE: Bearings ar8 referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202: NAD83 (2011) EPOCH 2010) as derived locally from Western Data Systems Continuema Operating Reference Stations (CORS) via Real Time Kinematic (FRTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1.0(X)147317 to scale from grid to surface, An Easom8nt Exhibit of even date horewith accompanies this Legal Description. See Exhibit -B" all 2 eKjna?I R.P O & Perkins 3200 S. Interstate 35E, Suite 1 129 Denton. Texas 762 10 940-383-4177 TBPLS Firm No. 10011601 Date: July 22, 2020 DME 13222 - UNT gII Domed (DME IB. 17}Page 1 of 3 8 8W15'IT- E 75.10. S 89';577-HiT;;2:=OOOFBU WLRHZb[MB BtB [laBEL gUI[RVtEV AB©F[WA©F N]©, 6 gB :8Tavr auQK&lt£ww IU;[IEIS & t:#:Ano.Rac.t –-' & 1EM!!IELEeTRIC SCALE 40‘= ELE£tESt SrO%:HI Hi; iii:ww ZUIE&BOWe11 [ ;it 8 ESUT CAa Da PeR fe POINT o1 BEGINNINGWIlt ili i/ If, –ONE– =>===RomE BLack I D.RD.aT. Ttl jn EXHll 11 nII }-::%gigI;" ::==Aol : :WWi!!=? !: 1 I A 20F3 NOTES: 1.BaaHng8 d thee down hBWXt es nbrerud b Gad Nath af tIn Twa8 CcxxxIhate $y8l8m at 1883 (Nath Cenbd abIn 42a2: NAD83 (2011) EPOCH 2010) aa Iiedged bedty Born Wutam nda SydBrlu CcxvUnuotnty Opora8ng Rahruw Stdkwu (CORS) vIa Rod TIme Klnemetlc {NTH} mdtKxl& TIn dlshrw8 81wwn tineon npenrH wdM wIen ulllzktg art Awngo GCxr61na6an Fat;bar at 1.CXX)147317 bo wide fhxn grId b 8ut6Rn. Z A hoOd De8crlpIbn al WWI date henwWt mmpenb8 thl8 E8nrrnnt Exllt#l See Exhlbtt W. 3.TIll• extrkHt wu prepared wIth tern#t of that oetaln Tltb CommHr7nnt, OF Bb. 2t121<xn4H}RU, wIth an eBMIn dab of June 15. 2020, pwida by Rounbn nth Qcxnpany. Fu easement& IMeIway aixFor cMnr maIns at mex)Id that mW aMR thIs tt8c& the 8rw8WX rUled Bidy m saId tab axttnitment TH18 TRACt IS suRHer TO THE FOLLOWING 8CHEDULE B HERe: (ICh) TomB, prwbkxt8, end axxlfHau of Land Use Roddcttm &nem8nt BId W3(YIW, ncxxxhd in Volume 3263, P8go 838, Real PRWrty R60ard8, D#IIon Cotxtty, Texn. (not &x)wn) (IOI) TwIn, prwldon8, and wrt£nk>rls of kIn.Exdudw IngbUatkn 8tH S8NbO Agreement, IIe1 1a/2912012, arM ncxxdH Irl tkxxrment Numtnr 2012-122822, OBHal R8wds, Chntm County, Texas. (not 8hcwwr) LEGEND ! A 1 c JK c uuT 1 FR IIZ IRON ROD FOUND (UNLESS NOTED OTHERVUSE) &TFraFFi;;iii=m CONTROLUNG MONUMEKr mdHE 6 GUY WRC POWER POLE SANITARY SEVWR MANHOLE (SSMH) STORM DRAIN MANHOLE (SDMFt)Himall EASEMFNT BOUNDARY PROPERTY EXISTING EASEratEa £XIST ING RIGHT.OF-W4V EDGPiciiWMI OVERHEAD ELECTRIC LINE EXHIBIT "B"' ELEeTnle EA9EIIENT league naII & perkins anD S. nateIe in Sub 1129'nl Dennh tens 76210 NO.aBI 4177 ph H&383 BB26 h T.BP.L•. FBI Ho. t8011eBI [Fi rTa P.mn U BEING 0.184 ACRE ELECTRIC EA$EMEvr SITUATED IN THE ALEXANDER HILL SURVEY. ABSTRACT NO. 623 CITY OF DENTON. DENTON COUNTY, TEXAS DNE{3a2 PAGE 3 OF 3 EXHIBIT “A” ELECTRIC EASEMENT DI Investments, Ltd. Tract BEING a 0.016-acre &act of land situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 925, in the City of Denton, Denton County, Texas, and being part of a tract of land as described in Deeds to DI Investments, LTD, and reoorded in Document No. 97-003013 and Document No. 97-003021 of the Real Property Records of Denton County, Texas (R.P.R.D.C. T.). and being further described as part of Lot 1 R in Block 1 of the Lone Star Townhome Addition, as recorded in Cabinet F, Page 395 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found at an interior eII corner of said Lot IR, common with the southeast corner of Lot 2 in Block 1 of the Lone Star Townhome Addition, as recorded in Cabinet L, Page 164 (P.R.D.C.T.), same being the southeast corner of a tract of land described in Deed to DI Investments, LTD, as recorded in Document No. 97-003022 (R.P.R.D.C. T.); THENCE South 89'54’17- West, along the common south line of said Lot 2 and a north line of said Lot 1 R, a distance of 149.55 feet to the POINT OF BEGINNING; THENCE South 00'32’23- East. departing the south line of said Lot 2, a distance of 58.74 feet to a point for corneR THENCE South 08'03’18’ East. a distance of 1 1.34 feet to the intersection with the common south line of said Lot 1 R and the existing north right of way line of Eagle Drive (called 60.00 foot R.O. W.); THENCE South 89'43’46- West, along the last stated common line, a distance of 11.21 feet to the southeast corner of a 5.00 foot right of way dedication as described in the Lone Star Townhome Addition. as recorded in Cabinet C, Page 343 (P.R.D.C.T.), and located in the existing east right of way line of Bernard Street (variable width R.O. W.); THENCE North 01'09’04- West, departing the existing north right of way line of said Eagle Drive, and along the common west line of said Lot IR and the existing east right of way line of said Bernard Street, a distance of 70.01 feet to the northeast corner of said 5.00 foot right of way dedication. and located in the south line of said Lot 2 at an offset in the existing east right of way line of said Bernard Street; THENCE North 89'54'17- East, departing the existing east right of way line of said Bernard Street, and along the common south line of said Lot 2 and a north line of said Lot 1 R, a distance of IC).48 feet to the POINT OF BEGINNING, and containing 0.016 acres of land, more or less. NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202.' NAD83 (201 1) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methcxis. The distances shown hereon represent surfaoe values utilizing an Average Combination Factor of 1.000147317 to scale from grid to surface. An Easement Exhibit of even date horewtth acoompanies this Legal Description. See Exhibit "B” 2@b. /71.7 s/mIn>raF-h e: + 8+++ Marvin King. R.P.L.S. No. 5581 Teague NaII & Perkins3200 S, Interstate 35E. Suite 1129 Denton, Texas 76210 940-38341 77 TBPLS Firm No. 10011601 Date: May 29, 2020 DMEI 3222 - DI Inv. Tract (OME @ ngo f of 2 g fE g0 11 ba IU8 HI gaa gJU O Cy b Cy g gE 181 Eli Fa B gIg i lbaba HIP= A g i Q E gIL gi IUEa g g g 8 b: g§h BDM g g Egg UlZ 9 B a(O©©Z Egg gS gg-I 9:: RB 1: 11@ g; is !!! i IUi gilgF(0 BBI: E Mi aa -IfiRaq ;g A )Ma/SIP:MOO POI 'Od I 'WV yoMa 24'Oly aHOY tOO'O vc '9d v IdVD •NOllVINa3a ?U'OV eg tAVMdOIHOIU buaIMnwlWA) Hans awNu3a EXHIBIT “A” ELECTRIC EASEMENT DI Investments, Ltd. Tract BEING a 0.041-acre tract of land situated in the M.E.P. & P.R.R. Company Survey, Abstract No. 925, in the City of Denton, Denton County, Texas, and being part of a tract of land as described in Deed to DI Investments, LTD, and recorded in Document No. 97-003022 of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being further described as part of Lot 2 in Block 1 of the Lone Star Townhome Addition, as recorded in Cabinet L, Page 164 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod found at the southeast comer of said Lot 2, common with an interior eII corner of Lot IR in Block 1 of the Lone Star Townhome Addition, as recorded in Cabinet F, Page 395 (P.R.D.C.T.) THENCE South 89'54’17” West, along the common south line of said Lot 2 and a north line of said Lot 1 R, a distance of 149.55 feet to the POINT OF BEGINNING; THENCE South 89'54’17” West, continuing along the south line of said Lot 2, passing the most westerly northwest corner of said Lot IR at a distance of 10.48 feet, and continuing for a total distance of 15.48 feet to the most southerly comer of a called 0.004 acre right of way dedication as described in said Lone Star Townhome Addition, and located at an offset in the existing east right of way line of Bernard Street (variable width R.O.W.); THENCE North 01'09'04" West, along the common west line of said Lot 2 and the existing east right of way line of said Bernard Street, a distance of 112.19 feet to the southwest corner of Tract III, a called 0.21 acre tract of land, as described in Deed to Little Swan Investment, LLC. and recorded in Document No. 2019-161959 of the Official Records of Denton County, Texas (O.R.D.C.T.), same being the southwest corner of a called 0.025 acre rightof-way dedication as described in Little Swan Addition, as recorded in Document No. 2017-199 (P.R.D.C.T.), from which point a 1/2 inch square iron rod found bears South 82'22’33- East, a distance of 0.42 feet; THENCE North 88'59’04" East, along the common south line of said LiNe Swan Addition and the north line of said Lot 2, a distance of 16.69 feet to a point for corner; THENCE South 00'30'47” East, departing the south line of said Little Swan Addition, a distance of 27,59 feet to a point for cornec THENCE South 00'32’23- East, a distance of 84.85 feet to the POINT OF BEGINNING, and containing 0.041 acres of land, more or less. NOTE: Bearings are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202: NAD83 (201 1) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown henan represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from grid to surface. An Easement Exhibit of even date herewith accompanies this Legal Description, See Exhibit "B” /% W9 s-/29 /26 Marvin King, R.P.L.S. No. 5581 Teague NaII & Perkins 3200 S. Interstate 35E. Suite 1129 Denton. Texas 76210 940-3834177 TBPLS Firm No. 10011601 Date: May 29, 2020 DME13222 – DI Inv. Tract (DME 21)Page 1 of 2 O Cy b Cy I ih a b re=•= 3 h aa BIg 1; 1Bl 1% 11AI & 111Ea ! ! gn i g a ! ! ! ! ! g gi gg:: fBI b $ ! ! ! ! !!!vnwdvhloo !i18 ig: Uli !!::i 8 gig ii !! i E 1=d IS S :i rE: 8a g i; iBig ! ! !! ! (mI w-Xi tor 'Od I WO 3Nrl 'W18 l9Z B81-110Z -ON -aaa 'IJVS3 Alfllln S ePe'od'o WOaNn -Darla BZ Iii !!! Hugg gig! ? -I;:; iii661-ZIOB UV voa NOUv31a3a H4'Oly aHOY 9ZO'O > }{ ig limI /j '\ \ g iii +/ / ayM'JaIH9/uluaIM =lauwA> Ha HIS awNu3a 91aAYd ITVbUSY