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22-2113ORDINANCE NO.22-2113 AN ORDINANCE OF THE CITY OF DENTON AUTHORiZrNG THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND CDI CEDAR, LLC, A TEXAS LIMITED LIABILITY COMPANY, FOR THE CONVEYANCEOF A PUBLIC ACCESS EASEMENT FOR A POCKET PARK LOCATED AT 216 W. MULBERRY STREET TO THE CITY; AUTHORIZING ACCEPTANCE OF THE PUBLIC ACCESS EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, CDI Cedar, LLC., (the “Developer”) owner of the property located at 216 W. Mulberry Street, Denton, TX 76201, seeks to provide a public access easement for a pocket park comprising approximately 0.084 acres of greenspace located at that address (the “Pocket Park”);and WHEREAS, to complete the Developer’s conveyance of the Pocket Park, the Developer and the City desire to enter into a Development Agreement, pursuant to which the Developer shall dedicate the Pocket Park by public access easement and shall maintain the Pocket Park and the City shall construct a bicycle rack within the Pocket Park; and WHEREAS, the City Manager recommends, and the City Council deems it in the public interest that, the City enter into the 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 is hereby authorized to execute on behalf of the City a Development Agreement substantially in the form of the agreement attached hereto and incorporated by reference herein. SECTION 3. The City Manager is hereby authorized to accept and to undertake the obligations as set forth in the Agreement, including without limitation the acceptance of a public access easement and the construction of improvements within the Pocket Park. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. Th, m,ti,„ t, ,ppr,„, this Ordinance was made by e>ric,W %,a ,nd „,,„d,d by erM&Dr\ OuXSQ WGel . This Ordinance was passed and approved by thefollowing vote [1- a : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Viki Byrd, District 1 : Brian Beck. District 2 : Jesse L. Davis. District 3 : VACANT. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the’ \B'@ S/ K „/ r \/ t/ day of $Q(„prrJ2r/– , 2022. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY b\\11111111 - APPROVED AS TO LEGAL FORM:MACK RETNWAND, CITY ATTORNEY BY: aM% Kg1 {£ S;:IB"y ORDiNANCE NO.22-21 13 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND CDI CEDAR, LLC, A TEXAS LIMITED LLABILITY COMPANY, FOR THE CONVEYANCEOF A PUBLIC ACCESS EASEMENT FOR A POCKET PARK LOCATED AT 216 W MULBERRY STREET TO THE CITY; AUTHORIZiNG ACCEPTANCE OF TEn PUBLIC ACCESS EASEMENT; AND PROVIDiNG AN EFFECTIVE DATE. WHEREAS, CDI Cedar, LLC., (the “Developer”) owner of the property located at 2 16 W. Mulberry Street, Denton, TX 76201, seeks to provide a public access easement for a pocket park comprising approximately 0.084 acres of greenspace located at that address (the “Pocket Park”);and WHEREAS, to complete the Developer’s conveyance of the Pocket Park, the Developer and the City desire to enter into a Development Agreement, pursuant to which the Developer shall dedicate the Pocket Park by public access easement and shall maintain the Pocket Park and the City shall construct a bicycle rack within the Pocket Park; and WHEREAS, the City Manager recommends, and the City Council deems it in the public interest that, the City enter into the 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 is hereby authorized to execute on behalf of the City a Development Agreement substantially in the form of the agreement attached hereto and incorporated by reference herein. SECTION 3. The City Manager is hereby authorized to accept and to undertake the obligations as set forth in the Agreement, including without limitation the acceptance of a public access easement and the construction of improvements within the Pocket Park. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by by €!ranAon C:hAig waCc-following vote [I- a : B)riKU epca and seconded passed and approved by theThis Ordinance was Aye Nay Abstain Absent Mayor Gerard Hudspeth: Viki Byrd, District 1 : Brian Beck. District 2: Jesse L. Davis. District 3 : VACANT. District 4 : Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the' \3tb b/ F 1/ P V/ i/ day of 6QC©dx;r . 2022 GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY 1\\\\1111111 - APPROVED AS TO LEGAL FORM:MACK RE[NWAND, CITY ATTORNEY / . a Digitally signed by Scott Bray B \r : q1ga:rtJAb 761 :/ 0 2 2 • 1 2 • O 1 1 6 : 3 7 : 3 1 PARK EASEMENT DEVELOPMENT AGREEMENT This PARK EASEMENT DEVELOPMENT AGREEMENT (this “Agreement”) is entered into between CDI Cedar, LLC, a Texas limited liability company (the “Developer”) and the Cityof Denton, a Texas home-rule municipal corporation (the “City“) as of the Effective Date as provided below. introductory Provisions Developer is the owner of a 1.9600-acre, more or less, tract of land for commercial use located in the Hall-Lewis Addition, Block A Lot 1, City of Denton, Denton County, Texas (the “ProperTy“), The property includes a green space consisting of 0,084 acres, more or less (the “Easement Property”); and Developer will improve the Easement Property and grant a Public Access Easement to the City of Denton via an Easement Agreement approved by the City and substantially in the formattached hereto as Exhibit “A”, which shall be recorded in the Deed Records of Denton County, Texas; and The Easement Agreement will give the right for the benefit of the general public to enter upon the Easement Property for use as a public pocket park during park business hours; and The Developer will substantially complete the construction and installation of the Park Improvements; and The City will install a bicycle rack on the Easement Property; and Developer and the City enter into this Agreement to confirm their agreement concerning (a) the Developer’s granting of a Public Access Eascmcnt, (b) the maintenance obligations of the Developer, and (c) the obligations of the City and Developer to construct or install improvements on the Edsement Property. A. Agreements For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1 Public Access Easement Developer will grant a Public Access Easement to the City of Denton via an Easement Agrccmcnt approved by the City and substantially in the form of Exhibit “A”, which shall be recorded in the Deed Records of Denton County, Texas upon final execution. Developer or its successors in interest to the Property shall at all times provide public access to sidewalks on the premises that connect a public right-of-way to the sidewalk connection on the edge of the park property. Developer shall abstain from erecting any gates, fences, or other obstacles that would prevent the public from using the Public Access Easement. 2. Master Plan Pocket Park Improvements.Developer and City have worked and agree to continue working cooperatively with one another to produce an agreed-upon Conceptual Master Plan for the Pocket Park, which Page 1 of 6 Conceptual Master Plan in its current form is attached hereto as Exhibit “B“. The Developer is expected to complete the items that are referenced in the Conceptual Master Plan, Exhibit “B”. If any changes occur, the Master Plan document must be approved bythe Director of Parks and Recreation. Developer will complete the construction of the Park Improvements on the EasementProperty, as per agreed upon Conceptual Master Plan, Exhibit “B”, and which improvements includc: historical site sign, plants, and landscaping (mulch, granite, rocks). The Developer agrees to collaborate with the City of Denton’s Historic Preservation Officer and Historic Landmark Commission for the approval and installation of the historical sign. The Developer will complete all agreed upon improvements of the Park by July 3 1 2023 City will provide and install a bicycle rack on the Easement Property in a form and manner decided solely by City at the location depicted in the Conceptual Master Plan, Exhibit “B”, or in such other location on the Easement Property as determined necessary by City to meet accessibility standards or other standards, requirements, or goals of City. City may remove or modify the bicycle rack at any time and for any reason. 3.Maintenance of Public Access Easement The City of Denton will not bc rcsponsiblc for maintenance of the driveways, sidewalks, pathways, improvements, trees, or landscaping located on the Easement Property premises. The Developer shall maintain such driveways, grounds, sidewalks, improvements, trccs,landscaping, and pathways located inside the Public Access Easement to standards acceptable to the City of Denton. If Developer or its successor in interest allows any sidewalk or pathway within the Public Access Easement to fall into disrepair or becomeunusable or inaccessible, City may enter and repair such sidewalk or pathway at Developer’s or its successor in interest’s expense. Refer to Exhibit “C” for additionalmaintenance details. 4. Waivers. The parties hereby agree: A, Nothing in this Agrccmcnt shall be considered an illcgal impact fcc or cxaction. B Developer and its related cntitics, successors, and assigns rclcasc 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 RealProperty Rights Preservation Act, Texas Government Code Chapter 2007, and all claims for reimbursements and monies that relate to this Agreement. C Except to the extent of the rights granted to City by the Easement Agreement, the Eascmcnt ProperTy is private land and, notwithstanding any other language of this Agreement, the Easement Property is not and shall not be designated by this Agreementor by thc Eascmcnt Agreement as a park, recreation arca, scientific area, wildlife refuge, or historic site per Chapter 26 of the Texas Parks and Wildlife Code. Pagc 2 of 6 5.City Indemnification. DEVELOPER SHALL INDEMNIFY, SAVE, AND HOLDHARMLESS THE CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS,ATTORNEYS, AND EMPLOYEES (COLLECTIVELY, THE “INDEMNITEES”)FROM AND AGAINST: (1) ANY ADMINISTRATIVE OR INVESTIGATIVEPROCEEDING BY ANY GOVERNMENTAL AUTHORITY DIRECTLY ORINDIRECTLY RELATED TO A CLAIM, DEMAND, ACTION, OR CAUSE OFACTION. ARISING FROM DEVELOPER’S PERFORMANCE OF ITSOBLIGATIONS HEREUNDER; (I1) ANY CLAIM, DEMAND, ACTION, ORCAUSE OF ACTION WHICH DIRECTLY OR INDIRECTLY CONTESTS ORCHAI.LENGES THE LEGAL AUTHORITY OF THE CITY OR DEVELOPER TO ENTER INTO THIS AGREEMENT; (II1) ANY CLAIM9 DEMAND! ACTIONs ORCAUSE OF ACTION BROUGHT BY AN ASSIGNEE OF DEVELOPER RELATEDTO 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 ANYIXDEMNITEES SUFFER OR INCUR AS A RESULT OF ANY ACTION OROMISSION OF DEVELOPER PURSUANT TO THIS AGREEMENT; PROVIDED,HOWEVER. THAT DEVELOPER SHALL HAVE NO OBLIGATION UNDERTHIS PARAGRAPH TO THE CITY WITH RESPECT TO ANY OF THEFOREGOING ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFULMISCONDUCT OF THE CITY OR THE BREACH BY THE CITY OF THISAGREEMENT. 6. Insurance. The Developer agrees to maintain Developer’s typical policy or policies of insurance for the Project to include coverage for the entire Easement Property and to include City as an additional insured, B. Miscellaneous 1.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 agcnt or attorneys, prior to or contcmporancous to the date of execution of thisAgrccmcnt, 2. This Agncmcnt shall be binding upon and inun to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assIgns. 3 All parties acknowledge that this Agreement is the result of substantial negotiationbetween 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 anyamendments or exhibits thcrcto. Page 3 of 6 4.In case any one or more of the provisions contained in this Agreement shall for anyreason 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 hadnever been contained herein 5.All notices required to be given under this Agreement shall be given in writing andshall be effective when actually delivered or when deposited in the United Statcs mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the addresses shown below. Any parTy may change its address for notices under this Agreement by giving written notice to the other parties, specifying that the purpose ofthe 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 dddress, To City: City Manager City of Denton City Hall215 E. McKinney Denton, Texas 76201 To Dcvclopcr: Greg JohnsonCDI Cedar, LLC 3190 Teasley Ln. Denton, Texas 76205 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 Agrccmcnt may be cxccutcd 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. Lsignatures on following page\ Page 4 of 6 Signed to be effective the U_ day of k)ova\kx , 2022 (the “Effective Date“). DEVELOPER CDI Cedar, LLe6 TXas I :e lility company aGinGi–@ CIty OF DEm'6-N ma City Manager215 E. McKinney Denton, Texas 7620 1 ATTEST: ROSA RIOS, CITY SECRETARY D)\th bIll(//, By:. c/34 ‘ APPROVED AS TO LEGAL FORM: MACK RE]NWAND, CITY ATTORNEY g/gB.'- Digitally signed by Scott BrayDate: 2022.1 1.29 15:02:49 -06'OO'By: as to financial o' THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED ltignal obligations and business tcrms D)a Page 5 of 6 ACKNOWLEDGMENTS STATE OF TEXAS $ § §COUNTY OF DENTON Jnr ofg Development Agreement was executed before me on the&_, 2022 by Sara Hensley, City Manager of the City of Den home-rule municipal corporation, on behalf of said municipal corporation, eNI ton, a Texas8Ipr IN WITNESS WHEREOF I have hcrcunto set my hand and seal the day and yearbefore written. MRISALEK,H NCHMI My Noby x)#131©6alMuch:Blew 14. aw +ht ISa 1,ejq Printed Name My commission expi My commission is in :;Chcx rdS STATE OF TEXAS i $ $COUNTY OF DENTON The foregoing Development Agreement was executed before me on the ZCI day of n)ye.mbe/ , 2022 by Greg Johnson, Manager of CDI Cedar, LLC, a TM limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and yearbefore written. MI My Nobly ID # 131285269EWs Wmber 18, 2025 }lbWI?itMt(.at tInY'd My commission expires: a My commission is in &aiM County. Page 6 of 6 EXHIBIT “A” EASEMENT AGREEMENT THIS PAGE INTEN TIONALLy LEFT BLANK NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAII PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWINGINFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST INREAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUIVIBER OR YOUR DRIVER’S LICENSE NUMBER. PUBLIC AC’CESS EASEMENT STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT CDI Cedar, LLC (collectively “Grantor”), a Texas limited liability company whose mailing address is 3 190 Tcaslcy Ln, Denton, TX 76205, in consideration of the sum of Ten and No/ IOO Dollars ( Si 0.00) and other good and valuable consideration in hand paid by the City of Denton, a Tcxas municipal corporation, receipt of which is hereby acknowlcdgcd, hasGRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton (“Grantee”) a pcrpctual public access easement (the "Easement") in, along, upon, under, over and across the following described property, owned by Grantor, and situated in Denton County, Texas, located in the Hall-LewisAddition, Block A Lot I, commonly known as 2 15 W. Hickory St. Denton, TX 76201 EASEMENT AREA DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO AND MADE A PART HEREOF For thc following purposes: For use by thc public to walk, run, hikc, bicycle, or traverse over the casement at all times and for the purpose of use and enjoyment by the public as an urban park and for leisure uses relatingthereto This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall bc constructed, erected, reconstructed or placcd along, upon, over or across the Easement that would prevent Grantee or the public from using the Eascmcnt for the purposes described hcrcin, Further, Grantor stipulatcs and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Easement such buildings, fences, structures, signs, facilities, improvements and other obstructions that would prevent Grantee or the public from using the Easement for the purposes described herein and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. Notwithstanding the foregoing, Page 1 of 4 Grantor may erect temporary fences, structures, signs, or facilities on the Easement in a manner and for a time specifically agreed upon in writing by Grantee. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee and the public shall have access to the Easement by way of adjacent public property or right-of-way, 3. Maintenance. Grantor shall maintain such driveways, grounds, sidewalks, improvements, trees, landscaping, and pathways located inside the Easement to standards acceptable to the Grantee. IfGrantor allows any sidewalk or pathway within the Easement to fall into disrepair or become unusable or inaccessible, Grantee may enter and repair such sidewalk or pathway at Grantor’s expense. 3 . Trees and Landscaping, No shrub or tree shall be planted that may prevent Grantee or thc public from using the Eascmcnt for the purposes described herein. Grantcc may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Easement without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 4. Grantor’s Rights. Grantor shall havc thc right, subject to the restrictions contained herein, to make use of the Easement for any purpose that does not interfere with the rights granted to the City or the public herein for the purposes granted. 5. GRANTOR AGREES TO DEFEND, INDEMNIFY AND HOLD GRANTEE,ITS OFFICERS, AGENTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALLCLAIMS, LAWSUITS, JUDGMENTS, CIVIL OR CRIMINAL PENALTIES, COSTS ANDEXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE,VIOLATIONS OF ENVIRONMENTAL LAWS OR REGULATIONS, OR OTHER HARMFOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSONOR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY GRANTOR’SBREACH OF ANY OF THE COVENANTS OR CONDITIONS OF THIS EASEMENT,FAILURE TO COMPLY WITH APPLICABLE STATE, FEDERAL OR LOCALENVIRONMENTAL LAWS OR REGULATIONS, OR BY ANY NEGLIGENT ORSTRICTLY LIABLE ACT OR OMISSION OF GRANTOR, ITS OFFICERS, AGENTS,EMPLOYEES OR SUBCONTRACTORS, IN THE USE, OPERATION ORMAINTENANCE OF THIS EASEMENT OR ANY OF THE FACILITIES PLACEDTHEREIN. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors and assigns. 7. Tcrm. Exccpt as otherwise noted, the cascmcnts, rights, and privileges granted herein shall be perpetual. Page 2 of 4 TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premise above dcscribcd. Witness our hands, this the la _day of Novanbcr , 2022. Grantor: CDT Cedar, LLC Signed by:CDI Cedar., a Texas By: Greg Johnson,J Manager Page 3 of 4 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON i BEFORE ME, the undersigned, a Notary Public in and for the said County and State, on this day personally appeared Greg Johnson, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in the capacity and for the purpose and consideration therein expressed. GivEN UNDER MY UAND AND SEAL OF OFFICE, thi, th, a d,y ,f Ni)veJDbey202Z ALLI, My Notary ID # 131285269 ExNBS SQptantwr 18, 2025 ,dO.ggMRa aM004ad%’ll i State ofNotary Publfc My commission expires: q llgl ZS Upon Filing Return To: City of Denton-Real Estate Attn: DeAnna Cody 401 N. Elm Street Denton, TX 76201 Page 4 of 4 0.084 OF AN ACRE DEDICATED GREEN SPACE All that certain parcel of land situated in the William Loving Survey, Abstract Number 759, Denton County, Texas, being a part of a tract of land described as “Tract 3" in a deed to CDI Cedar, LLC., as recorded in Instrument Number 2021-54033, of the Real Property Records, Denton County, Texas, and being more particularly described by metes & bounds as follows: COMMENCING at a cut 'X’ set in concrete at the Northwest intersection of Cedar Street and Mulberry street for the Southeast corner of said Tract 3; THENCE North 00 degrees 11 minutes 01 seconds West, along the West Right of Way line of Cedar Street and the East property line of said Tract 3, a distance of 87.11 feet to a point in same for the POINT OF BEGINNING of this herein described subject tract; THENCE over and across said Tract 3 as follows: South 89 degrees 48 minutes 59 seconds West, a distance of 34.75 feet to a point; North 00 degrees 22 minutes 20 seconds East, a distance of 6.38 feet to a point; North 89 degrees 05 minutes 22 seconds West, a distance of 34.58 feet to a point in the West property line of said Tract 3 and the East property line of a tract of land described as “Tract 1” in a deed to CDI Cedar, LLC., as recorded in Instrument Number 2021-54033, Real Property Records, Denton County, Texas; THENCE North 00 degrees 12 minutes 28 seconds West, along the West property line of said Tract 3 and the East property line of said Tract 1, a distance of 49.07 feet to a point in the South property line of a tract of land describedas “Tract 2” in a deed to CDI Cedar, LLC., as recorded in Instrument Number 2021-54033, Real Property Records, Denton County, Texas, for a re-entrant corner of said Tract 1 and the Northwest corner of said Tract 3; THENCE North 89 degrees 47 minutes 32 seconds East, along the North property line of said Tract 3 and the South property line of said Tract 2, a distance of 69.29 feet to a point for in the West Right of Way line of Cedar Street for the Northeast corner of said Tract 3 and the Southeast corner of said Tract 2; THENCE South 00 degrees 11 minutes 01 seconds East, along with the West Right of Way line of Cedar Street and the East property line of said Tract 3, a distance of 56.13 feet to the POINT OF BEGINNING and containing 0.0 Wt of an acre of land, more or less. PAGE 1 OF 3 B ggLL<Oz HOC<8g i ky eG ; g : F32 eui ! ! ! b ligI E 6 s F=INI .\ a LL01-C) $h- < q I = = Nq::A&Ii)r 1 T Eq111(J\S A TRACT OF LAND DESCRIBED ASTRACT 2' IN A DEED TOCDI CEDAR, LLCINST. NO. 2021-54033R.P.R.D.C.T. EXISTING 8' P.U.E. CENTEREDNE+ERIAB. R, PG 378 B };ib ) gsg ;a E y td/S(1 A TRACT OF LAND DESCRIBED AS'TRACT I' IN A DEED TO CDI CEDAR, LLCINST. NO. 2021-54033R.P.R.D.C.T or Lda)/ Pg / 6// 8 /aela/tV/ Z00a,AaaAJ,.Jag 00hI ,.J REMAINDER OF A TRACT DESCRIBEDAS TRACT 3' IN A DEED TO CDt CEDAR, LLCINST. NO. 2021-54033R.P.R.D.C.T. NOTE: Bearings shown hereon are referenced to theTexas Coordinate System of 1983, North Central Zone (4202), and are based on the North American Datum of 1983, 2011 Adjustment. MULBERRY STREET ASPHALT60’ R.0.W. PER PLAT BEARINGS 89'48'59- W N OO'22'20" E N 89'05'22„ W DISTANCE 34.75' 6.38' 34.58' 1720 WESTMINSTERDENTON, TX 76205 (940)382-3446LEGEND R.0.W =RIGHT OF WAY P.U.E =PUBLIC UTILITY EASEMENT P.0.C =POINTOF COMMENCING PaB =POINT OF BEGiNNING XF =CUT 'X' FOUND JOB NUMBER: 210173-OI DRAWN BY: DJJ DATE: 06-20-2022RrVSURVEYING PAGE 2 OF 3 R.P R.D,C.T =REAL PROPERTY RECORDSDENTON COUNTY TEXAS KENNETH A, ZOLLINGER );;rn CA)0TI CA) +4 b A bA b bb 4 A A bb \ +b &bb 4 q A A L & b b 4 bA A A a PRO.'ERTV UNE A a i b L A t L A b' = .1‘L Q&geN a A A b A I S'6’ &b a LjB0C/)BD;D.gl~ TIr-uSa Ab q & Mm i 1-mG)m2Pba 4 bA a bA niFII II g;) 11O9C)JOg 11a i 11r-6Iqg LAB A 411 h 6:bA bb \A AL 4 L 4 A b4 4 b 5.3' A 84 ;@ 4 ba 4 A 4 Ab A bl 4 bb b i0-DA!A +b 9h r- a Iiiqb &Aa UlD;a0DrFIIr-IZrn a b b TIr- g b;a t A Ab 4 Bc 4 A A FLOWER BED A L- b M A L AHRH a ammmn+RE mm IVld U3d -M'O'U 109llVHdSVIIIHIS uva30 EXHIBIT “B”CONCEPTUAL MASTER PLAN THIS PAGE INTENTIONALLY LEFT BLANK F-ULLI-a Ofa -J CD<LLI cr) nbZ0ZZ<=C/) k(O on +J•alllll•IIl=a ndC)g,><b>gO +( XLLI U<-= CEDAR STREETASPHALTBa RO.W. PER PLAT IIL \ ––------_ @ &: id@ . gig ! !fI gi ’ IElmM b [--\.>+La)a0La LE-0 >a)>L-3C/) b L-/ a)a+tH0C0:BCD(J0WCa)L=L=3C) C/)a)0al +ano D CD vRa)a WCO •u•HIne C a)£+C0laCa)hDa)-J a)JC+C a)JOL= gCO C/) CDL=a)al CDE la C)C/)a)ID a)C)ID 1 :t3C/)aDC C/)Xa)DCrD a) a)a0tal F- •ulnlnB a)£ C :1 C/) >E a)EW C/)B0£(/)>a) >b3C/) C/) }-( vRa)£C)Ca)a viDa)aL=a)30th >a) >L=3C/) bIg>Bfa+ qQ6: :an-a 8.S TL mwHI WREn#;B:iin FIEW BIKE RACK p 3N11 ALU3dOUd ACC) CDL a)AZa ID+C/)C UnnHI (a ==••ll•l == CaDin +V) IDC) SM £H/0 a) ••galUlhI ZI =InalZ01!=J$V) • LU2:JtLUa0 BE +go j g gL 2-J Hqd bEaLU8a2a 'QgZLUal aLU.-1 I N q eqa'_P<‘ q a d==Lbo-iqInUP HIZIE1/)Z3a) N g = qql•nP pI Ea ff) LU n=PH .J$ g aBlnBb Q a)+CIDL=no a)aU)3L=C) ' &K+JJ tH }=T== IC CO V) a)JOL,a)B0 Lb-gtjiW C/)AZC)0nc UC CD gB683 rDE:3CLogc/)aCn•Hll•oa)V)-+CDO3E =-WB&Bg & C/) CDa) rDNrD nbpHB-Uh,IFa) =0+D 0C)a)C/)q+=HIPU)XbaEg .gl F g<IJaLLCDLDaJxu+++JV)Cgla C )=baca) L, !ar. t= g :a '= C/)+JC COa aoJ)+R)'i 8g A a) +C Ca)a)C/) C/)(a a)HIgllllll•nH•rDWU)C >larDa)S== CD a)n- rD+C)==CC)n=11=al C/) FeUCrD C/) CCDCC)Ca)SggB C-)Ca) gdV)3Jg:yF–al > =WCa) \L3C)W0C C/) a)La)JCW a)C/) DCxO BdQJC = 1EII11 1)(D++JaGE-– a)=cr)'= =Bicagl)e !0 AZC) CDac a)AZ on >laeeL=C)aoa)£CF-0 328 aJ gE =B : B)anna - – •=•ll• alg gg! ! ! !g1} ! ! ! #SgI gI g 5 : CbO • UIl•llll•IBC/) a)+••••rr••rr•cr) rDC)•al•ll•l•=L-0+cr)•=n•911•= a CDE CDa)L< + if f jja# 'Pl Fj r n : + LrD a) +ch-0 C/)a)no CDE +C CL3(J 'ii' }a gIg_ dh:;S t+ EXHIBIT “C”MAINTENANCE AGREEMENT THIS PAGE INTENTIONALLY LEFT BLANK Exhibit “C” Public Access Easement: Maintenance Requirements A ! Jr>on completion of the Pocket Park Improvements and execution of this Agreement, the I)cvclopcr shall. at itssole cost and expense, fully and timely perform and satisfy any and all terms, conditions, and maintenance obligations of this Agrccmcnt. a. Developer and City shall maintain public records of the results of any inspections, ink)rm each other of the inspection results, and specifically indicate any corrective actions required to bring each other intocompliance with the requirements of this Agreement. I)eveloper shall patrol the Property on a regular basis, and trash and debris in and around the premises shallbe removed Developer and City shall notify each other of maintenance problems that require correction. lbc native areas shall be maintained to promote trec health and prevent cxccssivc weed growthAfter significant flooding events, the Property shall be inspected. and any necessary restoration shall be completed.The Developer will provide ordinary and ongoing maintenance to the pocket park at a level consistent withCity maintained publicly accessible parks, If a pathway outside of the Public Access Easement exists and will lead towards the Pocket Park. Tbc Developer wIll inspect, repair, and replace surface and base materials as necessary to kew them in a reasonably safe condition. Areas along and immediate adjacent to the trail path shall be kept free of tripping hazards. Continuous pedestrian (ADA compliant) access shall be maintained along the trail path.If Developer or its successor in interest allows any sidewalk or pathway within the Public Access Easement to fall into disrepair or become unusable or inaccessible, City may enter and repair such sidewalk or pathway at Developer’s or its successor in interest’s expense.Developer shall perform maintenance functions pursuant to the Maintenance Functions Schedule as tbllo\\’s: b C d C f g h I MAiNTENANCE FUNCTIONS SCHEDULE (if Applicable\ SERVICES ] FREQUENCYFUNCTION Open Space •Inspect, clean, and remove all trash and debris As needed Sidewalk/Trail Path •Removal. repair. or rcplaccmcnt of pavement and base Pedestrian Tripping Hazard Removal Inspect, repair and replace Ira'ih/recyclable bins. replacement of waste bags. Remove litter and debrisTrail swca)in Gnlffiti removal (washing. cleaning, and painting). VuncLrlisrn removal. repair, antI'or replacement.Signs and pet waste station: Inspect. dean, paint,repair, remove, and/or reI>lace, replacunenl of wibtebags Within 48 hrs Mo\yjng of land Weed Abatement (non-turf areas) Hedging to retain and fullness of shrubs. Ibm and fertiIize landscape planting. Inspect and prune trees As needed As reasonably possible • rDebris l© • I time per week (During winter asneeded) GraffIti. Vandalism, Sjgns, PetWaste Station As reasonably possible As reasonably possibleAs needed. • Landscaping & Mowing • • • • • As needed As needed As neededAs needed As needed Pest Control • • e Conlrol flies, ants. bees, spiders, & other insects inlandscaoing and treatment areas Inspect, repuir, service, or replace controllers. poles.ipes. valves. etc All oublic safctv concerns & hazard removal. As needed Electrical & Irrigation As needed Within 24 hoursEmtlgcncy RbIlair