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22-131DocuSign Envelope ID= C2D725DB-F826z+8FE-8943-6E359236AA42 22- 131ORDINANCE NO AN ORDNANCE OF THE CITY OF DENTON AUTHORIZHqG THE CITY MANAGER, ORTHER DESIGNEE. TO ACCEPT ON BEHALF OF THE CITY AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (“TXDOT“) TO CONVEY A 0.668 ACREPORTION OF PROPERTY TO TXDOT IN THE B.B.B.& C.R.R. CO. SURVEY, ABSTRACT NO. 141. LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OFINTERSTATE HIGHWAY 35 AND U.S. LOOP 288 - WEST; AUTHORIZING THE CITYMANAGER, OR THEIR DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY TOCONSUMMATE THE CONTEMPLATED TRANSACTION INCLUDING AMEMORANDUM OF AGREEMENT, A POSSESSION AND USE AGREEMENT, AND ASPECIAL WARRANTY DEED; AUTHORIZING THE CITY MANAGER, OR THEIRDESIGNEE. TO CARRY OUT ALL DUTIES OF THE CITY PURSUANT TO THEAGREEMENTS; PROVIDING A SAVINGS CLAUSE; AND PROVUDING AN EFFECTIVEDATE WHEREAS, the City of Denton (“City”) owns property located at the northwest corner of the intersection of Interstate Highway 35 and U.S. Loop 288 - West (the “Property”), WHEREAS, a portion the Property is currently being used for the City’s Northwest Water Transmission Main and Elevated Storage Tank tract; and WHEREAS, the Texas Department of Transportation (“TxDOT”) has made an offer to purchase a 0.688 acre tract of land out of a property tract owned by the City of Denton (“City”) for improvements to Interstate Highway 35 (the “Project”); and WHEREAS, TxDOT has also requested that the City enter into a Possession and Use Agreement, to provide immediate possession of the Property, as an advance measure to promote their Project ahead of formal closing and funding event regarding the Subject Property, for an independent consideration amount of Twenty-Two Thousand Eighty-One Dollars ($22,081.00); and WHEREAS, the City agrees to grant, sell and convey the Property to TxDOT for the purchase price of Two Hundred Twenty Thousand Eight Hundred Ten Dollars ($220,8 10.00); and WHEREAS, City staff has reviewed TXDOT’s offer and recommends it be accepted; and WHEREAS, the City Council, having considered the offer and the documents required byTxDOT, hereby finds the agreements will benefit and serve the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or their designee, is authorized to accept the offer from TxDOT to convey the Property for a total amount of $220,810.00 and enter into the Possession and Use Agreement for the independent consideration amount of $22,08 1.00. SECTION 3. The City Manager is further authorized to execute the Memorandum of Agreement, Possession and Use Agreement, and Special Warranty Deed,substantially in the form provided by TxDOT, and attached hereto as Exhibits A, B, and C,respectively (collectively, the “Agreements”), or a respective document in a substantially similar DocuSign Envelope ID: C2D725DB-F826-48FE-8943-6E359236AA42 form as may be required by TxDOT, and any other document reasonably necessary to close the contemplated transaction. SECTION 4. The City Manager, or their designee, is further authorized to carry out all duties and obligations as set forth in the Agreements. SECTION 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by J css' D„' isby V' ),.k: By, J . Thefollowing vote [ l- ILl: and seconded approved by the Aye \) J JL b/ ,/ L/ ./ Nay Abstain Absent Mayor Gerard Hudspeth: 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 lft'd,y ,f Gb',,' /_, 2022. SPETH MAYOR ATTEST: ROSA RIOS, CITY SECRETARY f:::+: + © g; b e(:BY:& APPROVED AS TO LEGAL FORM:MACK REINWALD, CITY ATTORNEY Page 2 CONSULTING MANAGEMENT GROUP. INC Consultant to the Texas Department of Transportation Date: January 3 1, 2022 City of Denton 215 E. McKinney Street Denton, Texas 76201 County: Denton Highway No.: 1H 35Location: US 380 to US 77 North of Denton Project No.: N/AROW CSJ No.: 0195-03-091 District: Dallas Parcel No.: 35 Dear Property Owner(s): You have indicated a willingness to sign a deed for your property which consists of 0.668 acres (29,078 square feet) located at the NW corner of IH 35 and US Loop 288 in Denton, Texas 76207. It is important to confirm this agreement in order to avoid any possible misunderstanding as to the details of the purchase or the process by which the Texas Department of Transportation (TxDOT) will make payment. The payment of Two Hundred Twenty Thousand Eight Hundred Ten and NO/100 Dollars ($220,810.00) as herein agreed will constitute full payment to be made by TxDOT for the property to be conveyed to the State. TxDOT and the owner(s) have agreed to the following provisions. Until payment is made by TxDOT, title and possession of the property to be conveyed remains with you. You shall bear all risk of loss to any and all such property prior to such payment. Either you or TxDOT shall have the right to terminate this agreement. The payment of the amount herein stated and the terms provided constitute the only promises, consideration and conditions of this purchase; and no other promises, consideration or conditions have been signified or implied, save and except any benefits which may accrue under the State’s Relocation Assistance Program and the mutual benefits to be derived by you and TxDOT from the signing of this agreement. The State, without cost to the owner, will pay the cost of recording all instruments conveying title to theState It is suggested that you carefully review the proposed Right of Way Deed and satisfy yourself (selves) asto its provisions. With your signing of this agreement and execution of the deed the State will proceed with the issuance of a State warrant which will be made out jointly to you and to Sendera Title, agent forState of Texas. Form ROW-N-1 (Rev. 10/19) Page 1 of 2 This company has been designated as the State’s closing agent and is responsible to see that TxDOT obtains clear title. They will not endorse the warrant and make payment until clear title is secured. At the same time, you have the right to withhold endorsement of the warrant and not accept payment until you are fully satisfied on all details of the transaction. Sincerely, %IM&gbl Sarah Riebe, SR/WA. R/W-NAC Project Manager Pinnacle Consulting Management Group, Inc. I (We) fully understand the Texas Department of Transportation proposal as contained in this agreement and hereby acknowledge receipt of the brochure entitled “ Relocation Assistance, I (We) understand that relocation assistance benefits are handled entirely separate from and in addition to this transaction and agree that my (our) execution of the Right of Way Deed is based on this understanding. City of Denton By:Date Form ROW-N-l (Rev. 10/19) Page 2 of 2 Form ROW-N-pUAI(_, (Rev. 11/20)Page 1 of 5 POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSESWITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION STATE OF TEXAS § § § ROW CSJ: 0195-03-091 Parcel ID: 35 Project No.: N/ACOUNTY OF DENTON This Possession and Use Agreement For Transportation Purposes (the “Agreement”) between the State of Texas, acting by and through the Texas Department of Transportation (the “State”) , and City of Denton (the “Grantor” whether one or more), grants to the State, its contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and use of the Grantor’s property for the purposeof constructing a portion of Highway No. 1H 35 (the “Highway Construction Project”). The property subject to this Agreement is described more fully in field notes and plat map (attached as “Exhibit A”) and made a part of this Agreement by reference (the “Property”). 1.For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below, the receipt and sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State ofTexas the right of entry and exclusive possession and use of the Property for the purpose of constructing a highway and appurtenances thereto and the right to remove any improvements. Authorized activities include surveying, inspection, environmental studies, archeological studies, clearing, demolition, construction of permanent improvements, relocating, replacing, and improving existing utility facilities, locating new utility facilities, and other work required to be performed in connection with the Highway Construction Project. This Agreement will extend to the State, its contractors and assigns, owners of any existing utilities on the Property and those which may be lawfully permitted on the Property by the State in the future, and all others deemed necessary by the State for the purpose of the Highway Construction Project. This grant will allow the construction, relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property. 2. DELETED 3. As additional consideration, the State will tender to the Grantor the sum of Twenty-Two Thousand Eighty One and NO/100 Dollars ($22,081.00), the receipt and sufficiency of which is acknowledged. The parties agree that the sum tendered under this Paragraph 3 : (i) is independent consideration for the possession and use of Grantor’s Property and represents no part of the State’s compensation to be paid for the anticipated purchase of the Property; and (ii) will not be refunded to the State upon any acquisition of the Property by the State. 4. The effective date of this Agreement will be the date on which payment pursuant to Paragraphs 2 and 3 above was tendered to the Grantor by the State or disbursed to the Grantor by a title company acting as escrow agent for the transaction, (the “Effective Date”). 5. DELETED Form ROW-N-PUAIC (Rev. 11/20)Page 2 of 5 6. The parties agree that the valuation date for determining the amount of just compensation for the real property interest proposed to be acquired by the State in the Property, for negotiation or eminent domain proceeding purposes, will be the Effective Date of this Agreement. 7.This Agreement is made with the understanding that the State will continue to proceed with acquisition of a real property interest in the Property. The Grantor reserves all rights of compensation for the title and interest in and to the Property which the Grantor holds as of the time immediately prior to the Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor’s rights to receive full and just compensation as allowed by law for all of the Grantor’s interests in and to the Property to be acquired by the State, encumbered with the improvements thereon, if any, and damages, if any, to the remainder of the Grantor’s interest in any larger tract of which the Property is a part (the “Remainder”), if any; all as the Property exists on the Effective Date of this Agreement. The State’s removal or construction of improvements on the Property shall in no way affect the fair market value of the Property in determining compensation due to the Grantor in the eminent domain proceedings. There will be no project impact upon the appraised value of the Property. This grant will not prejudice the Grantor’s rights to any relocation benefits for which Grantor may be eligible. 8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any period of time prior to the date of the award. Payment of any interest may be deferred by the State until entry of judgment. 9.The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project without delay and to allow the Grantor to have the use at this time of a percentage of the estimated compensation for the State’s acquisition of a real property interest in the Property. The Grantor expressly acknowledges that the proposed Highway Construction Project is for a valid public use andvoluntarily waives any right the Grantor has or may have, known or unknown, to contest the jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the Highway Construction Project, based upon claims that the condemning authority has no authority to acquire the Property through eminent domain, has no valid public use for the Property, or that acquisition of the Property is not necessary for the public use. 10. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives all right of ingress and egress to the surface for the purpose of exploring, developing, mining or drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface. Nothing in this reservation will affect the title and rights of the State to take and use all other minerals and materials thereon, and thereunder. 11. DELETED 12. Notwithstanding the acquisition of right of possession to the Property by the State in a condemnation proceeding by depositing the Special Commissioners’ award into the registry of the court, less any amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to remain in effect until the State acquires title to the Property either by negotiation, settlement, or final court judgment. Form ROW-N-PUAIC (Rev. 11/20)Page 3 of 5 13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal representatives, successors in interest and assigns of the parties. 14. It is agreed the State will record this document. 15. Other conditions: This Agreement is subject to Grantor’s continued access, operation, maintenance, and repair of its existing NW Water Transmission Main and Elevated Water Storage Tank, attached heretoas Exhibit B, until such time as it is relocated into a new easement and/ or a replacement main is constructed and placed in service. Grantee and it’s contractors shall maintain a 10’ horizontal distance anda 5’ vertical distance from the existing main during construction of the Highway Construction Project. To have and to hold the Agreement herein described and conveyed, together with all the rights and appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to thelimitations set forth above. Form ROW-N-PUAIC (Rev. 11/20)Page 4 of 5 GRANTOR: City of Denton By: Printed Name: Title: Date: State of Texas County of This instnrment was acknowledged before me on Corporate Acknowledgment -by of a corporation, on behalf of said corporation. The acknowledging person personally appeared by: [] physically appearing before me. [] appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code chapter 406, subchapter C. Notary Public's Signature Form ROW-N-PUAIC (Rev. 11/20)Page 5 of 5 THE STATE OF TEXAS Executed by and approved for the Texas Transportation Commission for the purpose and effect of activatingand/or carrying out the orders, established policies orwork programs heretofore approved and authorized by the Texas Transportation Commission. By: Jenifer Houdmann, Right of Way Manager Date: State of Texas County of Corporate Acknowledgment This instrument was acknowledged before me on -by of a corporation, on behalf of said corporation. The acknowledging person personally appeared by: [] physically appearing before me. [] appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code chapter 406, subchapter C. Notary Public’s Signature E)GIIBIT A County: Denton Highway: IH 35STA. 2206+96.51 to 2208+07.36 R.0.W. CSJ: 0195-03-091 Page 1 of 5 October 24, 2018 Description for Parcel 35 BEING 0.668 acres of land, more or less, located in the City of Denton, situated in the B.B.B. & C.R.R. Co. Survey, Abstract Number 141, Denton County, Texas, and being a part of Tract 1 and allof Tract 2 conveyed to the City of Denton, recorded in Volume 4580, Page 1762, Deed Records, Denton County, Texas, said 0.668 acres of land being more particularly described by metes andbounds as follows: COMMENCING at a 1,’; inch iron rod with a cap stamped “S J&F” found at the northwest corner of said City of Denton Tract 1, also being an angle point in an easterly line of Tract 1 conveyed to Westview Commercial, LP, recorded as County Clerk Instrument Number 2006-1 19845, Deed Records, Denton County, Texas; THENCE South 00 degrees 56 minutes 32 seconds West, along the westerly line of said City ofDenton Tract 1, also being an easterly line of said Westview tract, a distance of 241.46 feet to a 5/8 inch iron rod with a 1-3/4 inch pink plastic cap stamped “TxDOT SURVEY MARKER RIGHT OF WAY MONUMENT” set on the new westerly right of way line of IH 35, also being the POINT OF BEGINNING at Station 2206+96.51, 760.80 feet left and having a surface coordinate of North7, 143,694.80, East 2,372,209.44; 1)THENCE South 89 degrees 39 minutes 28 seconds East, along the new westerly right of way line of said IH 35, a distance of 70.32 feet to a 5/8 inch iron rod with a 1-3/4 inch pink plastic cap stamped “TxDOT Survey Marker Right Of Way Monument” set at the beginning of a curve to the right whose center bears North 32 degrees 33 minutes 21 seconds West, a distance of 971.00 feet, said iron rod also being at Station 2206+92.00, 690.63 feet left;+ + 2)THENCE in aNortheasterly direction, continuing along the new westerly right of way line of said IH 35 and with said curve, through a central angle of 1 1 degrees 50 minutes 45 seconds, an arc distance of 200.75 feet to a 5/8 inch iron rod with a 1-3/4 inch pink plastic cap stamped “TxDOT Survey Marker Right Of Way Monument” set on the easterly line of said City of Denton Tract 1, also being an easterly line of said Westview tract, said iron rod also being at Station 2208+97.36, 526.76 feet left; 3)THENCE South 01 degrees 00 minutes 06 seconds West, along the easterly line of said City of Denton Tract 1, also being an easterly line of said Westview tract, a distance of 1 1 1.52 feet to a % inch iron rod with a cap stamped “S J&F” found at the northwest corner of said City of Denton Tract 2; 4) THENCE North 77 degrees 38 minutes 52 seconds East, along the northerly line of said City of Denton Tract 2, also being an easterly line of said Westview tract, a distance of 71.13 feet; EXHIBIT A County: Denton Highway: IH 35STA. 2206+96.51 to 2208+07.36 R.O.W.CSJ: 0195-03-091 Page 2 of 5October 24, 2018 Description for Parcel 35 5)THENCE South 89 degrees 45 minutes 44 seconds East, continuing along the northerly line of said City of Denton Tract 2, also being an easterly line of said Westview tract, a distance of 295.52 feet to the existing westerly right of way line of said IH 35, being the northeast corner of said City of Denton Tract 2 and an angle point in an easterly line of said Westview tract, also being the northerly line of that tract conveyed to the State of Texas, recorded in Volume 1044, Page 68, Deed Records, Denton County, Texas; 6)THENCE South 43 degrees 48 minutes 47 seconds West, along the existing westerly right of way line of said IH 35, also being the easterly line of said City of Denton Tract 2 and the northerly line of said State of Texas tract, a distance of 41.41 feet to a 4 inch brass disc inconcrete stamped “TxDOT ROW” found on the existing northerly right of way line of US Loop 288, also being the southeast corner of said City of Denton Tract 2; 7)THENCE North 89 degrees 45 minutes 44 seconds West, along the existing northerly right of way line of said US Loop 288, also being the southerly line of said City of Denton Tract 2 andthe northerly line of said State of Texas tract, a distance of 263.67 feet to a 4 inch brass disc in concrete stamped “TxDC)T ROW” found; 8)THENCE South 77 degrees 38 minutes 52 seconds West, continuing along the existing northerly right of way line of said US Loop 288, also being the southerly line of said City ofDenton Tract 2 and the northerly line of said State of Texas tract, at a distance of 74.94 feet passing the southwest corner of said City of Denton Tract 2, also being the southeast corner of said City of Denton Tract 1 and continuing in all a distance of 306. 11 feet to a % inch iron rod found stamped “S J&F”, being the southwest comer of said City of Denton Tract 1 and an angle point in an easterly line of said Westview tract; 9) THENCE North 00 degrees 56 minutes 32 seconds East, along the westerly line of said Cityof Denton Tract 2, also being an easterly line of said Westview tract, a distance of 67.52 feet to the POINT BEGINNING and containing 0.668 acres of land, more or less. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202; NAD83 (2011) Epoch 2010) as derived locally from the TxDOT Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. A Surface Adjustment Factor of 1.000150630 was used to scale grid coordinates and distances to surface. Allcoordinates shown are surface. + + The monument described in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker at or near the end of construction of the highway project under the supervision of a Registered Professional Land Surveyor, either employed or retained byTxDOT EXF[EBIT A County: DentonHighway: IH 35STA. 2206+96.51 to 2208+07.36 R.0.W. CSJ: 0195-03-091 Page 3 of 5 October 24, 2018 Description for Parcel 35 The Station and Offset Information refers to the baseline described for TxDOT Right of Way Mapping Project Control-Section-Number 0195-03-091. Sieve L. Hampton, RPL Registered Professional Land Surveyor Texas Registration No. 5172 Hq E. OFrb Teague NaII and Perkins, Inc.5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 Ph. (817) 336-5773TBPLS Firm No. 100116-00 V! aliinF-<--1a81g 11 iI V)i Lr)r) -JLLIC)a(<(a ! ! ! iJ {Baqanc<a cj e)B a)gS) aa DODOaJ taa-J Cr)3 la4)BV) elC',:1a ok8 g2 g •EB = 8 gO ( g i a2LLI(9LJ-J JI0aI eleDLL I II gIll1111ZAI Hl= = gE:dadS gEddS& gP + +0 ex EL = = = = = = =@_e-: :_- == == u' J =--' d –-= =-'= =-= =F-<Lr)Jn a!;;J:ii<a I interstate 35 a In ;tn hI :C #g } rF\ soroa06 ITiS,b\\ cR! g !!:::i:::aS –NHs mI C- \of<M)I'J hI \=81:: '\R bIbgIg BIbgg \RLn ,BDIfI \h F) Eb lb BI gba g &b\I#’#a ad soa56'3zw 241.46’ m3ZE 308sg ;g iiiA + TI{{ igg aDgr ZE;:EnD <BEiTEgRIgaGb:EBe +r: ' .: I LaX tH < EB ()ZFinF( Eps :13 1-ES8aZ an <a g $aca Z a( :()ZFtri[< B0atB9 ()ZFInf< gor 89 Ul !3 Z ia L LLI gi \ 1F + J rbt-IA)'I - ' S. 1 :rj • tJ: it'4t aZLU(9LU,Jila g1:111 \At -('_'’'{- P:'::-'S ;' :\: 'In I I a!( +&‘b+ & g a ag g g B ;ii i gacb g i::iTIT } d hi a i dE 1_35N FRONTAGEI = =J B :1f= + =ii \–35N l–35S }X 3 i +r Tal 4 I ) ;la all_ C+ r;Yi;i f :+, . + NOTICE OF CONFIDENTIALITY RIGHTS : IF YOU ARE A NATURAL PERSON , YOUMAY REMOVE OR STRIIQ ANy OR ALL OF THE FOLLOWING INFORMATION FROM AIWINSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS : YOUR SOCIAL SECURITY NUMBEROR YOUR DRIVERIS LICENSE NUMBER. l&bForm ROW-N-14 (Rev. 11/20)Page 1 of 3 SPECIAL WARRANTY DEED TxDOTROWCSJ: 0195-03-091 TxDOT Parcel ID: 35 Grantor(s), whether one or more: City of Denton Grantor’s Mailing Address (including county): 215 E. McKinney Street Denton, Texas 76201 Denton County Grantee: The State of Texas, acting by and through the Texas Transportation Commission Grantee’s Authority: The Texas Transportation Commission is authorized under the Texas Transportation Code to purchase land and such other property rights (including requesting that counties and municipalities acquire highway right ofway) deemed necessary or convenient to a state highway or turnpike project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a state highway or turnpike project. The Texas Transportation Commission is also authorized under the Texas Transportation Code, Chapter 203 to acquire or request to be acquired such other property rights deemed necessary or convenient for the purposes of operating a state highway or turnpike project, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non{ontrolled facilities and designated controlledaccess highways and turnpike projects. Grantee's Mailing Address (including county): Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 Travis County Consideration: TIle sum of Two Hundred Twenty Thousand Eight Hundred Ten and No/100 Dollars ($220,810.00) to Grantor in hand paid by Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied. Form ROW-N-14(Rev. 11/20)Page 2 of 3 Property: All of that certain tract or parcel of land in Denton County, Texas, being more particularly described in the attached Exhibit A (the “Property”). Reservations from and Exceptions to Conveyance and Warranty: This conveyance is made by Grantor and accepted by Grantee subject to the following: 1 Visible and apparent easements not appearing of record. 2 3. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Denton County, Texas, that affect the property, but only to theextent that said items are still valid and in force and effect at this time. Grantor reserves all of the oil, gas, and sulfur in and under the Property but waives all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein, and thereunder. Grantor is retaining title to the following improvements (“Retained Improvements”) located on the Property, to wit: N/A Grantor covenants and agrees to remove the Retained Improvements from the Property by N/A day of N/A 20N/A, subject to such extensions of time as may be granted by Grantee in writing. In the event Grantor fails, for any reason, to remove the Retained Improvements within the time prescribed, then, without further consideration, title to all or part of such Retained Improvements not so removed shall pass to and vest in Grantee, its successors and assigns, forever. Access on and offGrantor’s remaining property to and from the State highway facility shall be permitted except to the extent that such access is expressly prohibited by the provisions set out in Exhibit “A”. Grantor acknowledges that such access on and off the State highway facility is subject to regulation as may be determined by the Texas Department of Transportation to be necessary in the interest of public safety or by applicable local municipal or county zoning, platting, or permitting requirements. Notwithstanding the above, Grantor’s shall have continued access, operation, maintenance, and repair of its existing NW Water Transmission Main and Elevated Water Storage Tank, attached hereto as Exhibit B, until such time as it is relocated into a new easement and/or a replacement main is constructed and placed in service. Grantee and it’s contractors shall maintain a 10’ horizontal distance and a 5’ vertical distance from the existing main during construction of the Highway Construction Project. GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee’s successors and assigns forever. Grantor binds Grantor and Grantor’s heirs, successors, and assigns to Warrant and Forever Defend all and singular the Property to 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, Form ROW-N-14 (Rev. 11/20)Page 3 of 3 through or under Grantor but not otherwise, except as to the Reservations aom Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. EXECUTED on the date(s) of acknowledgment indicated below. GRANTOR: City of Denton By: Title: Corporate AcknowledgmentState of Texas County of This instrument was acknowledged before me on by of City of Denton , a behalf of said entity. The acknowledging person personally appeared by: on [] physically appearing before me. [] appearing by an interactive two-way audio and video communication that meets the requirements for online notarization under Texas Government Code, Chapter 406, Subchapter C. Notary Public's Signature AFTER RECORDING, RETURN TO: Sendera Title 1800 Valley View Lane, Suite 160Farmers Branch. Texas 75234 EXHIBIT A County: Denton Highway: IH 35STA. 2206+96.51 to 2208+07.36 R.O.W.CSJ: 0195-03-091 Page 1 of 5 October 24, 2018 Description for Parcel 35 BEING 0.668 acres of land, more or less, located in the City of Denton, situated in the B.B.B. & C.R.R. Co. Survey, Abstract Number 141, Denton County, Texas, and being a part of Tract 1 and all of Tract 2 conveyed to the City of Denton, recorded in Volume 4580, Page 1762, Deed Records, Denton County, Texas, said 0.668 acres of land being more particularly described by metes andbounds as follows: COMMENCING at a % inch iron rod with a cap stamped “S J&F” found at the northwest corner ofsaid City of Denton Tract 1, also being an angle point in an easterly line of Tract 1 conveyed toWestview Commercial, LP, recorded as County Clerk Instrument Number 2006-119845, Deed Records, Denton County, Texas; THENCE South 00 degrees 56 minutes 32 seconds West, along the westerly line of said City of Denton Tract 1, also being an easterly line of said Westview tract, a distance of 241.46 feet to a 5/8 inch iron rod with a 1-3/4 inch pink plastic cap stamped “TxDOT SURVEY MARKER RIGHT OF WAY MONUMENT” set on the new westerly right of way line of IH 35, also being the POINT OFBEGINNING at Station 2206+96.51, 760.80 feet left and having a surface coordinate of North 7,143,694.80, East 2,372,209.44; 1)THENCE South 89 degrees 39 minutes 28 seconds East, along the new westerly right of way line of said IH 35, a distance of 70.32 feet to a 5/8 inch iron rod with a 1-3/4 inch pink plastic cap stamped “TxDOT Survey Marker Right Of Way Monument” set at the beginning of a curve to the right whose center bears North 32 degrees 33 minutes 21 seconds West, a distance of 971.00 feet, said iron rod also being at Station 2206+92.00, 690.63 feet left;++ 2)THENCE in aNortheasterly direction, continuing along the new westerly right of way line of said IH 35 and with said curve, through a central angle of 1 1 degrees 50 minutes 45 seconds, an arc distance of 200.75 feet to a 5/8 inch iron rod with a 1-3/4 inch pink plastic cap stamped “TxDOT Survey Marker Right Of Way Monument” set on the easterly line of said City of Denton Tract 1, also being an easterly line of said Westview tract, said iron rod also being at Station 2208+07.36, 526.76 feet left; 3)THENCE South 01 degrees 00 minutes 06 seconds West, along the easterly line of said City of Denton Tract 1, also being an easterly line of said Westview tract, a distance of 1 1 1.52 feet to a % inch iron rod with a cap stamped “S J&F” found at the northwest corner of said City of Denton Tract 2; 4) THENCE North 77 degrees 38 minutes 52 seconds East, along the northerly line of said City of Denton Tract 2, also being an easterly line of said Westview tract, a distance of 71.13 feet; EXFnBiT A County: DentonHighway: IH 35STA. 2206+96.51 to 2208+07.36 R.0.W. CSJ: 0195-03-091 Page 2 of 5 October 24, 2018 Description for Parcel 35 5)THENCE South 89 degrees 45 minutes zn seconds East, continuing along the northerly line of said City of Denton Tract 2, also being an easterly line of said Westview tract, a distanceof 295.52 feet to the existing westerly right of way line of said IH 35, being the northeast corner of said City of Denton Tract 2 and an angle point in an easterly line of said Westview tract, also being the northerly line of that tract conveyed to the State of Texas, recorded in Volume 1044, Page 68, Deed Records, Denton County, Texas; 6)THENCE South 43 degrees 48 minutes 47 seconds West, along the existing westerly ridrt of way line of said IH 35, also being the easterly line of said City of Denton Tract 2 and thenortherly line of said State of Texas tract, a distance of 41.41 feet to a 4 inch brass disc in concrete stamped “TxDOT ROW’ found on the existing northerly right of way line of US Loop 288, also being the southeast corner of said City of Denton Tract 2; 7)THENCE North 89 degrees 45 minutes 44 seconds West, along the existing northerly right of way line of said US Loop 288, also being the southerly line of said City of Denton Tract 2 andthe northerly line of said State of Texas tract, a distance of 263.67 feet to a 4 inch brass disc in concrete stamped “TxDOT ROW’ found; 8)THENCE South 77 degrees 38 minutes 52 seconds West, continuing along the existing northerly right of way line of said US Loop 288, also being the southerly line of said City of Denton Tract 2 and the northerly line of said State of Texas tract, at a distance of 74.94 feet passing the southwest corner of said City of Denton Tract 2, also being the southeast cornerof said City of Denton Tract 1 and continuing in all a distance of 306. 11 feet to a % inch iron rod found stamped “S J&F”, being the southwest corner of said City of Denton Tract 1 uld anangle point in an easterly line of said Westview tract; 9) THENCE North 00 degrees 56 minutes 32 seconds East, along the westerly line of said Cityof Denton Tract 2, also being an easterly line of said Westview tract, a distance of 67.52 feet to the POINT BEGINNING and containing 0.668 acres of land, more or less. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202; NAD83 (2011) Epoch 2010) as derived locally from the TxDOT Continuously Operating Reference Stations (CORS) via Real Time Kinematic (.RTK) methods. A SurfaceAdjustment Factor of 1.000150630 was used to scale grid coordinates and distances to surface. Allcoordinates shown are surface. + + The monument described in this call, if destroyed during construction, may be replaced with a TxDOT Type II Right of Way Marker at or near the end of construction of the highway project under the supervision of a Registered Professional Land Surveyor, either employed or retained byTxDOT EXHIBIT A County: DentonHighway: IH 35STA. 2206+96.51 to 2208+07.36 R.0.W. CSJ: 0195-03-091 Page 3 of 5 October 24, 2018 Description for Parcel 35 The Station and Offset Information refers to the baseline described for TxDOT Right of Way MappingProject Control-Section-Number 0195-03-091 . Steva. 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