21-2140 - INCOMPLETEORDINANCE NO. 21-2140
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND
BJH JOHNSON PROPERTIES LTD, FOR THE DEDICATION OF PARK LAND FOR A CITY
PARK AT THE AUDRA OAKS DEVELOPMENT; AUTHORIZING ACCEPTANCE OF
LAND; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, BJH Johnson Properties LTD., (the "Developer") of the Audra Oaks
Development has asked consideration for approval to dedicate land to the City of Denton for public
park use. Developer intends to pay park dedication and developments fees to satisfy the Park
Dedication Ordinance 98-039; and
WHEREAS, the City Manager recommends, and the City Council deems it in the public
interest that the City enter into the Development Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
incorporated herein by reference.
SECTION 2. The City Manager or designee is hereby authorized to execute on behalf of
the City, a Development Agreement in substantially the form of the Agreement, which is attached
hereto and incorporated by reference herein.
SECTION 3. The City Manager or designee is hereby authorized to receive land and to
undertake the obligations as set forth in the Agreement.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by V eVj 'Acca; nipc and
seconded by BC ;Q,V-\ lyex-y- . The Ordinance was passed and approved by
the following vote [T_ - 6]:
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jessie Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the q-�n day of �Q�2M � , 2021.
�, . t�MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
F D F �i
BY:
r +
r i • w
APPROVED AS TO LEGAL FORM:
s -
MACK REINWAND, CITY ATTORNEY : p
BY:
Page 2
PARK DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into between BJH
Johnson Properties LTD, a Texas Limited Company, (the "Developer") and the City of Denton, a
Texas home -rule municipal corporation (the "City") as of the Effective Date as provided below.
Introductory Provisions
Developer is the owner of and is currently developing a portion of a 13.481 -acre, more or
less, tract of land for residential use known as Audra Oaks, Phase 2 on a tract of land described as
being located in M.E.P. & P.R.R. CO. Survey, Abstract 1473, City of Denton, Denton County,
Texas, (the "Project".) The Project includes thirty-seven (37) residential lots and one (1) park land
dedication lot totaling 5.1987 acres. The park land dedication lot, 5.1987 acres, is labeled Lot 1
Block A ("Park Land Dedication) on Exhibit "A", METES AND BOUNDS, attached hereto: and
Developer will dedicate Lot 1, Block A per the approved preliminary plat, Exhibit "B",
attached hereto, for the Project as Park Land for public use. Lot 1, Block A, Audra Oaks, Phase 2
will be dedicated as Park Land by Final Plat and Special Warranty Deed, Exhibit "C" and shall be
recorded. in Plat Records of Denton County, Texas upon approval by the City of Denton; and
Lot 1 of Block A of the Project is more particularly depicted on the diagram attached to
this Agreement as Exhibit "A", and incorporated herein by reference (the "Park"); and
Park Land Dedication lot is more particularly depicted as Lot 1, Block A on Exhibit "B"
attached to this Agreement and incorporated herein by reference: and
The amount of park land dedication required by Section 22.37 of the City's Code of
Ordinances for the is 0.259 acres. Due to the required amount of land dedication being less than
five (5) acres, Developer will pay fees in lieu of land dedication totaling $7,615.37 (0.259 X
$29,402.89 value per acre).
Then park development fees required by Section 22-29 of the City's Code of Ordinances
for the Project total $10,767.00 ($291 per dwelling unit X 37 units), and
Developer intends to pay the required fees in lieu of land dedication and park development
fees as well as dedication 5.1987 acres for public park use.
Developer and the City enter into this Agreement to confirm their agreement concerning
[a] the Developer's dedication of the Park Land to the City, and (b) the City's acceptance of the
Park Land Lot, subject to compliance with conditions herein,
A. Agreements
For good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
I . Dedication of the Park. The Developer intends to dedicate the Park Land to the City.
The City and the Developer will work cooperatively to process the Developer's
dedication of the Park Land. Instruments of dedication shall be by Warranty Deed and
by Final Plat. The City and Developer shall prepare, execute, and record all documents
related to the dedication and conveyance of the Park Land Property. Upon recording in
the Plat Records of Denton County, Texas, the Developer shall complete the Special
Warranty Deed, Exhibit "C", by filling in the document number, signing, notarizing,
and returning to City of Denton Real Estate at 401 N. Elm Street, Denton Tx 76201.
2. Acceptance. The City intends to accept the Park Land Dedication at such time as the
Park Lot is free and clear of construction equipment, debris, stockpiles and is returned
to a natural state. Inspection by Parks and Recreation Staff to ensure these conditions
are met will be performed prior to final acceptance.
3. Park Name. Nanning of the Park will be directed by Resolution Number R20-1001, as
amended, which outlines the naming policy guidelines for City buildings, facilities,
land, or any portion thereof.
4. Waivers. The parties hereby agree:
A. Nothing in this Agreement shall be considered an illegal impact fee or exaction.
The Developer agrees and stipulates that all terms of Local Government Code
Section 212.904 have been met by the City and that the requirement for Developer
to dedicate the Park.
B. Developer and its related entities, successors, and assigns release and discharge the
City, its past and present employees, officers, council members, attorneys, and
other agents, contractors, and representatives from any and all claims, demands,
controversies, and causes of action for breach of contract, takings, exactions, claims
under Texas Local Government Code Chapter 395, and claims under the Private
Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and
all claims for reimbursements and monies that relate to this Agreement.
C. Developer waives any right to appeal the requirement to construct and dedicate the
Park in accordance with the terms of this Agreement pursuant to Section 22-42 of
the City's Code of Ordinances.
5. Indemnification. DEVELOPER SHALL INDEMNIFY, SAVE, AND HOLD
HARMLESS THE CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS,
ATTORNEYS, AND EMPLOYEES (COLLECTIVELY, THE
"INDEMNITEES") FROM AND AGAINST: (I) ANY ADMINISTRATIVE OR
INVESTIGATIVE PROCEEDING BY ANY GOVERNMENTAL AUTHORITY
DIRECTLY OR INDIRECTLY RELATED TO A CLAIM, DEMAND, ACTION,
OR CAUSE OF ACTION, ARISING FROM DEVELOPER'S PERFORMANCE
OF ITS OBLIGATIONS HEREUNDER; (II) ANY CLAIM, DEMAND,
ACTION, OR CAUSE OF ACTION WHICH DIRECTLY OR INDIRECTLY
CONTESTS OR CHALLENGES THE LEGAL AUTHORITY OF THE CITY
OR DEVELOPER TO ENTER INTO THIS AGREEMENT; (III) ANY CLAIM,
DEMAND, ACTION, OR CAUSE OF ACTION BROUGHT BY AN ASSIGNEE
OF DEVELOPER RELATED TO APPROVAL OF AN ASSIGNMENT BEING
WITHHELD BY THE CITY; AND (IV) ANY AND ALL LIABILITIES,
LOSSES, COSTS, OR EXPENSES (INCLUDING ATTORNEY'S FEES AND
DISBURSEMENTS) THAT ANY INDEMNITEES SUFFER OR INCUR AS A
RESULT OF ANY ACTION OR OMISSION OF INDEMNITEES PURSUANT
TO THIS AGREEMENT; PROVIDED, HOWEVER, THAT DEVELOPER
SHALL HAVE NO OBLIGATION UNDER THIS PARAGRAPH TO THE CITY
WITH RESPECT TO ANY OF THE FOREGOING ARISING OUT OF THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OR
THE BREACH BY THE CITY OF THIS AGREEMENT.
B. Miscellaneous
This Agreement contains the full and complete Agreement of the parties hereto, and all
prior negotiations and agreements pertaining to the subject matter hereof, are expressly
merged in this Agreement. Each party hereto disclaims any reliance on any facts,
promises, undertakings, or representations (oral or written) made by any other party, or
his agent or attorneys, prior to or contemporaneous to the date of execution of this
Agreement.
2. This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, legal representatives, successors, and
assigns.
All parties acknowledge that this Agreement is the result of substantial negotiation
between the parties. All parties further acknowledge that each party and its legal
counsel have reviewed, revised, and contributed to this Agreement; so that the normal
rule of construction to the effect that any ambiguities are to be resolved against the
drafting party shall not be employed in the interpretation of this Agreement, nor any
amendments or exhibits thereto.
4. In case any one or more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions thereof and this
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
5. All notices required to be given under this Agreement shall be given in writing and
shall be effective when actually delivered or when deposited in the United States mail,
first class, postage prepaid, addressed to the party to whom the notice is to be given at
the addresses shown below. Any parry may change its address for notices under this
Agreement by giving written notice to the other parties, specifying that the purpose of
the notice is to change the party's address. For notice purposes, each party agrees to
keep the other informed at all times of its current address.
To City:
City Manager
City of Denton
City Hall
215 E. McKinney
Denton, Texas 76201
To Developer:
Jay Johnson
BJH Johnson Properties LTD
921 Amber Ln.
Oak Point, TX 75068
6. This Agreement shall be construed under the laws of the State of Texas and is fully
performable in Denton County, Texas. Exclusive venue for any suit to enforce the
terms and conditions of this Agreement shall be a court of competent jurisdiction in
Denton County, Texas.
7. This Agreement may be executed in multiple counterparts, by one or more signatories,
separately and each of such counterparts shall be deemed an original for all purposes,
and all such signed counterparts shall constitute but one and the same instrument.
Signed to be effective the9.0 day of Nogem be 4' , 2021 (the "Effective Date").
[signatures on following page]
DEVELOPER:
BJH Johnson Properties LTD
a Texas limited liability company
By: jw'Z5'�
George L. Johnson III
Title: �k
CITY OF DENTON:
IA
Sara Hensley
Interim City Manager
215 E. McKinney
Denton, Texas 76201
ATTEST:
ROSA RIOS, CITY SECRETARY
By: , Xf- -
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
By:
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations
and business terms.
SIGNATURE
TITLE
DEPARTMENT
PRINTED NAME
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DENTON
The foregoing Development Agreement was executed before me on the 14))k—day of
NOdembQ ( , 2021 by Sara Hensley, Interim City Manager of the City of Denton, a
Texas home -rule municipal corporation, on behalf of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day
and year before written.
KARISA LEIGH RICHARDS
•= My Notary ID # 131828791
Expim December 14, 2x22
STATE OF TEXAS
COUNTY OF DENTON
!"15"Samsm.
Notary Public fJ Grte.
1 Caf t�JG i a-tCi1� P%hCk(d5
Printed Name
My commission expires: J R) N 1 aO a s
My commission is in 0erAQ(1 County.
The foreging Development Agreement was executed before me on the day of
2021 by George L. Johnson III, the of BJH
Johnson Properties LTD, in the State of Texas, a Texas limit6a company.
IN WITNESS WHEREOF, I have hereunto set m hand and seat the day and year
before written.
KIM GARITE
o NOTARY PUBLIC
« STATE OF TEXAS Notary blit
r My Comm. Exp. 09-26-2024
4044 4661798
0,0 ftm
Printed Name
My commission expires:
My commission is in —
County.
EXHIBIT "A"
METES AND BOUNDS
PARK LAND DEDICATION - 5.1987 ACRES
`METES AND BOUNDS DESCRIPTION*
BEING a 5.1987 acre tract of land located in the Memphis, El Paso & Pacific Railroad Company Survey, Abstract No./
1473, City of Denton, Denton County, Texas, said 5.1987 acre tract of land being a portion of a called 13.481 acre
tract of land conveyed to B.J.H. JOHNSON PROPERTIES, LTD., by deed thereof filed for record in Denton County
Clerk's Insturment No. 2017-131336, Official Public Records, Denton County, Texas, said 5.1987 acre tract of land
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found (Controlling Monument) at the northwest lot corner of Lot 12, Block C,
Audra Oaks, Phase I, being an Addition to the said City and State, according to the plat thereof filed for record in
Cabinet X, Page 841, Plat Records, Denton County, Texas (P.R.D.C.T.), said iron rod found also being on an east
property line of the said 13.481 acre tract;
THENCE South 00°00'30" East, along the east property line of the said 13.481 acre tract and along the west line of
said Block C, a distance of 663.39 feet to a 1/2 inch iron rod with a cap stamped "METROPLEX 1849" found
(Controlling Monument) at a northeast property corner of the said 13.481 acre tract, same being the southwest lot
corner of Lot 4, of said Block C;
THENCE South 89°27'51" East, along a north property line of the said 13.481 acre tract, same being the south lot line
of said Lot 4, a distance of 94.56 feet to a 5/8 inch box iron found at the most easterly northeast property corner of
the said 13.481 acre tract, same being the southeast lot corner of said Lot 4, and being at a northwest block corner
of Block B, Bellaire Heights, Phase 5, being an Addition to the said City and State, according to the plat thereof filed
for record in Cabinet H, Page 295, P.R.D.C.T.;
THENCE South 00`01'28" East, along an east property line of the said 13.481 acre tract and along a west block line of
said Block B, a distance of 234.60 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" set (hereinafter
referred to as an iron rod set);
THENCE South 00'26'26" West, continuing along the said property line and the said block line, at a distance of 50.17
feet passing the northwest block corner of Block B, Bellaire Heights Phase Five, being an Addition to the said City and
State, according to the plat thereof filed for record in Cabinet D, Page 284, P.R.D.C.T., and continuing along the said
east property line and the west block line of Block B, Bellaire Heights Phase Five (Cab. D, Page 284), in all a total
distance of 238.43 feet to a wood fence corner found at the most southerly southeast property corner of the said
13.3481 acre tract, same being a southwest block corner of said Block B, Bellaire Heights Phase Five (Cab. D, Page
284), and being on the north block line of Block A, Williamsburg Square, being an Addition to the said City and State,
according to the plat thereof filed for record in Cabinet Ct, Page 224, P.R.D.C.T.;
THENCE North 8939'33" West, along the south property line of the said 13.481 acre tract and along the said north
block line of Block A, a distance of 97.25 feet to an iron rod set;
THENCE departing the said property line and the said block line, over and across the said 13.481 acre tract the
following courses and distances:
North 13'11'43" West, a distance of 772.34 feet to an iron rod set;
South 89°47'29" West, a distance of 109.23 feet to an iron rod set;
North 00°12'31" West, a distance of 374.11 feet to an iron rod set;
North 45°17'00" East, a distance of 21.03 feet to an iron rod set;
BJH Johnson Properties, LTD. -- Parkland Dedication — PAGE 1 OF 4
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - I'M 817-685-8448 - espooner@sp"onersurveyors.conr - S&A 18-104
South 89'13'30" East, a distance of 276.30 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 5,1987 acres (226,456 square feet) of land,
more or less.
The bearings recited hereinabove are referenced to the Texas Coordinate System of 1983, Texas North Central Zone
(4202), and are based on the North American Datum of 1983, 2011 Adjustment, and were scaled to surface
distances at N: 7,132,199.13 and E, 2,396,139.09, using a combined scale factor of 1.0001479898. Areas recited
hereinabove are based on surface measurements.
Note: This metes and bounds description is based on a on -the -ground survey during the month of January, 2019.
09-03-20
r OF T i
I 1
< ERIC S. SPOONER >
�1 5922
Oil's s BOJ/
Eric S. Spooner, RPLS
Registered Professional Land Surveyor
Texas Registration No. 5922
TBPLS Firm No, 10054900
BJH Johnson Properties, LTD. — Parkland Dedication — PAGE 2 4F 4
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 -PH 8i7-585-8448 - espooner( spoonersurveyors.com - S&A 18-104
* TITLE COMMITMENT NOTES *
This Survey was prepared with the benefit of a copy of the Commitment for Title Insurance prepared by Old Republic
National Title Insurance Company, GF No. 187336, having an effective date of August 22, 2019 and issued
September 9, 2019; and only reflects those easements, covenants, restrictions, and other matters of record listed in
Schedule B of said Commitment. No other research for matters of record, not listed in said Commitment, we
preformed by Spooner & Associates, Inc.
Schedule B Items
10g. Easement to Sinclair Refining Company
Volume 341, Page 328, D.R.D.C.T.
(Blanket Easement)
10h. Texas Power and Light Company Easement
Volume 259, Page 532, D.R.D.C.T.
(Blanket Easement - Unable to locate due to inadequate description)
10i. Texas Power and Light Company Easement
Volume 289, Page 266, D.R.D.C.T.
(Blanket Easement - Unable to locate due to inadequate description)
10j. Electric Easement
Volume 474, Page 445, D.R.D.C.T.
(Shown)
10k. Public Utility and Drainage Easement
Volume 2865, Page 160, D.R.D.C.T.
(Shown)
101. Turn Around Easement
Volume 4596, Page 1349, D.R.D.C.T,
(Shown)
Volume 4604, Page 2430, D.R.D.C.T.
(Shown)
10m. Drainage Easement
D.C.C.I. No. 2006-157347, O.P.R.D.C.T.
(Shown)
BJH Johnson Properties, I.TD. — Parkland Dedication — PAGE 3 OF 4
Spooner & Associates, Inc., 309 Bvers Street, Suite 100, Euless, Texas 76039 -PH. 817-685-8448 . rspooncr@spoonersurveyors.com - 5&A t8-104
.__.LOT2 BLOCK �G�
BELLAIRE HEIGHTS PHASE 5 / O N
r J � .............. _ _ CAB. H, PG. 295,
BARBARA STREET =' - - - ; P R. D. C. r.
(50' WIDE R. 0. W) LOTS
J "� S00°01'28"E _ 234.60` 500°26'26"W -- 238.43'
r-------------------�---------�-----
r � - d 13LOCK C ` _ ;~ 5/8" BOX
Q i POINT OF AUDRA OAKS, PHASE 1 LOT 5 IRON FND. CIRS""'
f i BEGINNING p b CAB. X, PG. 841, O n 50.17' WOOD FENCE
LOT 4 CORNER FND.
1/2"CIRF J P. R. D. C. T. '' v N
J
R2 (CM) 300000'30"E — 663.39' CIRS
I 1/2" CIRF
E9 IVIETROPLEX NG - NG
- -------___--.---
i
----------------------------- � 1849" (CM) NO � f
ca
M----�-------------------------------�-----_-----L--�-- _- ---------N� j�-- - _-- ---� -
i
I N -------- --------- ----------_-NG� _ 23L4'-- --- -- -IBLOC A --4-- -
I 5 9987 ACRES NG 1010 77 WILLIAMSBURG SQUARE
11+ (226,456 SQ. FT.) NG — t413oi I I CAB. 11 PG. 224,
i 1 1
M
NO pffAa2zl
NO I
m NG CIRS I f FX. TURNAROUND ESMT.
f
NO �E3�; ? I VOL. 4596, PG. 1349, f
NG - VOL. 4604, PG. 2430,
- - - - - D.R. D. G. T -
-CIRS CIRS
+ L4 N00°12'31"W 374.11' OAK L
� I
! %fit,/. ' ' PHA S'h 2A +
-- --- --i �- - -I
fQ�9 Zig PA°2Oo [ C EX. 54'DENTON MUNICIPAL
F
r-T
2vl(' D �Do�JjM�
PHASE 213
ELECTRIC ESMT. AS SHOWN ; EX. 30'ELECTRICESMT.
1/2"G�IRF - 3I ��° RAOLRO4 f1�� 4 �� -- _ ON SURVEY PREPARED BY + VOL. 474, PG. 445,
Gp�IQ -_ _ -- - - - _ --- ----+-
METROPLEXSURVEYING, INC. - - D. R.D.GT.
(ILLEGIBLE)
- - --- -
-----
-- -- - DATED 10/31/06(N.R.F.) - ---}-- ----------------
R1 I R2
E1 E3
LINE TABLE
NO, BEARING DIST.
L9
S89'27'51 "E
94.56'
L2
N89°39'33"W
97.25'
L3
S89°47'29"W
109.23'
L4
N45°17'00"E
21.03'
EX. DRAIN EMST.
D. C. C.1. NO. 2006-157347,
O.P.R.D.C. T.
E2
EX, 20' PUBL IC UTILITY &
DRAINAGE FACILITIES ESMT.
TO THE CITY OF DENTON
VOL. 2865, PG. 160,
D.R.D.C.T.
APPROX. C OF UNDEFINED
WIDTH -BLANKET ESMT & R. 0, W.
TO SINCLAIR REFINING CO.
VOL. 341, PG. 328,
D. R. D. C. T.
R7
R.O.W DEDICATION'
D.C. C.I. NO. 2015-424,
O.P. R.D. C.T.
R. 0. W DEDICATION
CAB. X, PG. 841,
P.R.D. C. T.
0 75' 125'
GRAPHIC SCALE IN FEET
1 " = 125'
DENTON AUDRA OAKS, PARK DED. - 5.1987 ACRES
SPOONER&
ASSOCIATES
mP
309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039
(817) 685,8448 WWW.SPCONERSURVEYORS.COM
TBPLS FIRM NO.100549CO
S&A JOB NO. 18-104 PAGE 4 OF 4
EXHIBIT `B"
PRELIMINARY PLAT
T NOTES'.
1. ALL STRIICTIIREs, PENcss, aNp PONOS ONPROPERTY ARE TO EE
—45 REMWF WITHI0FWLPPME UNLESS OTHERWISE SHOWN AND
PLN NOTED.
_P1
SITE _ 2. DISCHARGE FROM AW DETENTION POND OUTFALL DR STORM DRAIN
ggs,, OUTFALL MAY REOUIPE AN OFFSITE DRAINADE EASEMENT TO
ACCOMMODATE THEFLOW.IFANOFFSITEDMlN GEEASEMENTIS
_ DREOUREo As UDYSHALL8EMADEOFTHEOFFSITEPROPERTYTO
ACCOCOMMODATDAT
coT2 ACME SIZE OF THE wta[NaPE EASEMENT iO
F THE FLaN-
I &INW
• � � REPLATBELLAIRE NFN3HTy`
-_ j PHASES .BELt� .YEICHTS iWAS£
cur 3. ACCEPTANCE OF THE ARAINACE FEATURES 1bENTING-oNTHE
�_..' ':- - - �j nA CB&ETKPAGE2A51 CA&NErO PAGE1B r PR5LIMINAAYPLTARESUDJECTTOCHANOEDURINC THEFINAL
----- PRAGT PRDC T. PIAT PROCESSANDDO NOT CANSTITUTE GUNSECUENTAPPROVAL
BARBARA STREET c a ]Pr co=at A- .. OFTHESAME. THECITi RESERVES THE RIGHT TO REQUIRE
1Ke N AODITIONALMTA ORSNDIEE TO ENSURECCMPLIANCE WITHTHE
VICINITY MAP
_ tt OF NTON SUBDNISION AND LAND REG TIONS. ORAII
%---'
GDE
Pr n.
B`� W�
DESIGN CRI71ERIa AND COMPREHEN51YEA1F5TEF DRAINAGE PLAN,
PGD. DAXSA8.17
GC NO Z. C. T. �"� •• —TE
ACCN i .R.D.C.T
0 lPT12 tour, OTa�q �Upl 'L�OCT@� ffior@ � 10YY LhO�rKX I
FttPCX j A'MM '
:
earar
e
Ira. uca Ac ,u -------------------
'T :
-- - - _ - - -- - - - -
T
�A ST �K$ .wo! OA/
LOT 1. -- .1 '' 14 ^II GA9fNET4. PAGE30J
�crX I ELOCK0. e N uPRAGT.
a
8AGRES
13 ° or
TO Es sPANx e p1 KC I ex Ocr cerr .
12
II b
e - -
.a _
r�
r
ve '
1PY2A 1 � 5 9 k G -
D I �
OAK VALLEY
Ra - - - - - - - - - - - GFINF72. P aS.Vl
L:
G .OAK V i. • PRD c. r..
Sgt,
— -was- -a. '.� u — T1m— n ..
- - - - - - - - - - .-. - - -' - - - zt
20
DLDGK S � 9 9 to 12 � 13 BL Si 9 15 & iT tB �OlACKB i &OCY I .;I
e G
_ E _ _ _ _ _ R _ _ _ _ _ _ PRELIMINARY PLAT
FOR
%1Z_: x_ _._ __, - __ iE 2 __ �_ _.m __ Z: AUDRA OAKS, PHASE
37 SINGLE FAMILY UNITS
1 PARK
ERB AM 13.401 ACRES
SERMRDA GARAY LOCATED IN M.E.P. & P.R.R. CO. SURVEY, ABSTRACT 3473
010I Lorr GAA9A'eunS Lea CITY OF DENTON, DENTON COUNTY, TEXAS
GARAYADD/r/ON G1AY�NLNIF.�
Lx cc Na
caEuo
GJyp zol5{jf... .�-- CC Na
P.Off-&X2vaax.r. aurleecovworoelnw 1p}Z.da?01 - ENGINEER:
R.AGT. ... ...
D.R.O.C.T cwurclerA. AR AGr PWNER1pEV9LOPERLTD.
J.H. JOHNSON PROPERTIES, M WE A ^
cpRVE TA6LE WI WEER LANE
RAPIE6 ---N— CHG:iN OFFn OAK POINT, TX 'l B
NTAQT. j H]
CPCT: AJRyJOi1NLSAN ,1�1eo.nrie.
REVISED: APRIL 9, 2019 -
PREPARED', JANUARY 29, 7019 CASE NO. PPI9-0063
EXHIBIT "C"
Special Warranty Deed
EXHIBIT "C"
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That BJH Johnson Properties LTD (herein called "Grantor"), for and in consideration of
the sum of TEN AND NO1100 DOLLARS ($10.00), and other good and valuable consideration to
Grantor in hand paid by the City of Denton, a Texas Home Rule Municipal Corporation (herein
called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY, unto Grantee all of that certain approximate 5.1987
acre tract or parcel of real property, together with appurtenances thereon and improvements
thereto, including all right, title and interest in all adjacent public streets and public rights-of-way
(if any), more particularly described as:
Lot 1, Block A, of the Audra Oaks Addition, according to the final plat thereof recorded as
Document No. 2021- , Plat Records of Denton County, Texas (the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for themselves,
their heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and
that may be produced from the Property. Grantor, their heirs, devisees, successors, and assigns
shall not have the right to use or access the surface of the Property, in any way, manner, or form,
in connection with or related to the reserved oil, gas, and other minerals, and/or related to
exploration and/or production of the oil, gas and other minerals reserved herein, including without
Iimitation, use or access of the surface of the Property for the location of any well or drill sites,
well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities,
tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for
subjacent or lateral support for any surface facilities or well mores, or any other infrastructure or
improvement of any kind or type in connection with or related to the reserved oil, gas, and other
minerals, and/or related to the exploration or production of same.
As used herein, the term "other minerals" shall include oil, gas, and all associated
hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other
exploration and/or production method, operation, process, or procedure would consume, deplete,
or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the
Property. The intent of the parties hereto is that the meaning of the term "other minerals" as
utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex.
1980).
As used herein, the teen "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above
the surface of the earth.
Grantor hereby assigns to Grantee, without recourse or representation, any and all claims
and causes of action that Grantor may have for or related to any defects in, or injury to, the
Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns
forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's
successors and assigns, against every person whomsoever lawfully claiming or to claim the same
or any part thereof when the claim is by, through or under Grantor but not otherwise.
EXECUTED the day of 12021.
<PRINT GRANTOR NAME>
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on
Upon Filing Return To:
City of Denton
Real Estate
401 N. Elm St.
Denton, TX 76201
2021 by
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201