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2005-175 ORDINANCE NO. ~ ()()F/75"" AN ORDINANCE GRANTING APPROVAL OF A LICENSE AGREEMENT FOR THE SUBSURFACE USE OF A PORTION OF THE AIRPORT OPEN SPACE PARK APPROXIMATELY 579 FEET FOR THE PURPOSE OF A NATURAL GAS PIPELINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF LICENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is no feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the hann to the park resulting from such use; and WHEREAS, the City of Denton desires to cooperate with the Advance Midstream, loP. in the development of Natural Gas Pipeline by providing a license for the construction of a Natural Gas Pipeline 579 linear feet along the frontage of Airport Road, FM 1515; and WHEREAS, developer Advance Midstream, loP. desires to construct the Natural Gas Pipeline across Airport Open Space Park since alternative options would not be feasible and prudent; and WHEREAS, the City provided notice in the Denton Record Chronicle on May 30, June 6, and June 13, 2005 of a Public Hearing to be hcld on June 21, 2005 in the Council Chambers to consider the alternatives to the use of City Park and Recreational land for the subject private natural gas pipe line project; and WHEREAS, the City Council on June 21, 2005, received testimony and evidence regarding alternatives to the use of the Airport Open Space Park for this Natural Gas Pipeline, and based on such testimony and evidence the City Council hereby finds that the proposed routing of Natural Gas Line across the park area to connect to an existing natural gas pipeline is the only feasible and prudent alternative; and WHEREAS, the City Council finds that the proposed use of park land does not fall within the purview of Section 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that thcre is no feasible and prudent alternative to the use of the Park land and that the natural gas line project whcn constructed in accordance with the provisions of the license as described below will minimize the hann to the park land resulting from the proposed subsurface use of such park land effected shall remain useable for the park patrons once the construction of the private driveway improvements are completed; NOW, THEREFORE, SVJ" "",""""'O,d',,,"o,\OM'cpon P~k.g~ p'p'"",.(II,p'" 26.DOC THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The natural gas line proposed by the Advance Midstream, LP., be constructed and maintained bclow the surface of the park property described in Exhibit A and depicted in Exhibit "B" which are attached hereto and made a part hereof for all purposes, and that the surface of the park after installation of the natural gas line be constructed in a manner so that the park land may still be used by its patrons after completion of the project in the same manner it was used prior to the gas line project. SECTION 2. A license which is revocable as required by law be drafted and approved by the City Attorney, or his designee and signed by the City Manager, or his designee allowing the use of the park property as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the park from injury and damage both during and after construction of the project; compensates the City for the reasonable market value of the use herein granted and generally protect the health, safety and general welfare of the City. SECTION 3. During construction of the gas pipeline improvements, Advance Midstream, loP. may have temporary use of such additional park land necessary to stage the construction of the improvements as may be approved by the Director of Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION 4. The rights and benefits set forth in this ordinance may not be assigned without the express written consent of the City. SECTION 5. The License above grantee shall, to the extent allowed by law, constitute a covenant running with the land and be filed in the Deed Records of Denton County, Texas. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the,J. /dday of ()U/l.l f/ C~/~c4 EULINE BROCK, MAYOR 2005. ATTEST: JENNIFER WALTERS, CITY SECRETARY B~""';\L-- \~(l ~~, n> SIO"""",m""'O,"",",ol05\A"l',nM.""p,p"',,,.CII,p"'26.DDcPage 2 of3 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY~ S\O"D","m"\O'd\,,",o\O5\AI'l'"nM,,~p'p"'",.Ch,p"'26.DOCPage 3 of3 \ "'~ \" AS \' ""~v»)-:\'-..O('> r.'::;-.A~........"'v/':X:;..-.~,.' ~~~~~~~ Æ~}'(,-: '.1 X1J~"1.'t*\," \. Colemém & Assoc. LéUld Surveying P.(), Box 6H6 DelltOlI. Texas 76202 Phollc (¡40)~6.i-H21 ~ Fax ((J40),,6~-(¡HOO Exhibit "A" 20 foot Gas License Area Airport Road Open Space FILED NOTES to all that certain tract of land situated in the T. Toby Survey Abstract Number 1285, City of Denton, Denton County Texas and being a part of the called 41.629 acre tract described in the deed from J, Newton Rayzor to the City of Denton recorded in Volume 516, Page 648 of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southwest corner of the tract being described herein at a Yz inch iron rod found at the Southwest corner of the said 41.629-acre tract on the north right-of- way of FM Highway 1515 (Airport Road); THENCE North 00 Degrees 19 Minutes 00 Seconds East with the West line of the 41.629-acre tract a distance of20.3 feet; THENCE North 80 Degrees 47 Minutes 51 Seconds East across the 41.629 acre tract a distance of 605.3 feet to the East line thereof; THENCE South 00 Degrees 19 Minutes 00 Seconds West with the East line of the 41.629 acre tract a distance of 20.0 feet to the extension of the North line of the called 100 foot wide Easement and Right-of-Way as described in the instrument from Rayzor et al to T,P.&lo recorded in Volume 911, Page 894 of the said deed records and being 100 feet north of the Southeast corner of the 41.269 acre tract; THENCE South 80 Degrees 47 Minutes 51 Seconds West across the 41.629-acre tract a distance of 605.3 feet to the PLACE OF BEGINNING and enclosing 0.278 of an acre of land. Together with a 30 foot temporary Construction Area North of and adjacent to the above described area as shown by Exhibit "8" attached hereto. '\ '\ '\ ì I . I EAS¡::Z"ciR ':., R~~.W. ~TO T.P. " L. I VOL 011 P. B04 ~I I I S 00"19'00" W 20.3' :-:::L: ~ (REMAINDER) CALLED 245.BO ACRES JIMMIE UNDERWOOD TO J. NEWTON RAnOR VOL. 417. P. 300 ~ ~, ~.,¡ ,,>Ù ~.., 'ò' \ ' . '\ 0 ~' '\. CAllED 41.629 ACRES J. NEWTON RAnOR TO CITY OF DENTON VOL S'6. P. 648 (REUAlNDER) CALLED '45.BO ACRES JtUMIE UNDERWOOD TO J. NEWTON RAnOR VOL. 417. P. 3.. LoJ 30' TEMPORARY CONSTRUCTION AREA 1 20' LICENSE AREA 5 3' - - '5'" £ 60 . -N BO'47 5 3 . W 60 . S BO'475' ~- (N 89"'4'W 597.00') 607' 1>.J.M. 1515 - AIRPORT '0 o. . r<J '" . _0 , N g \ - z P.O.B. .t~ .'" "'- ROAD ~ 1>. "';0'" 0" "0 'P", ~ * BEARINGS & DISTANCES BASED ON: * TEXAS COORDtNATE SYSTEM OF 1983, NORTH CENTRAL ZONE (4202) BASED ON GPS TIES TO GEODETIC CONTROL CONVERGENCE = 00'44'50" COMBtNED SCALE FACTOR = 0.99984667 TO GET SURFACE DISTANCES MULTIPLY BY: 1.00015335 EXHIBIT "B" LICENSE AREA IN THE T. TOBY SURVEY A-1285 CITY OF DENTON DENTON COUNTY, TEXAS DRAWN: CF JOB #: 1202 CHECKED: WMC DATE: 6-2-05 REVIS EO: N/A SCALE:'" ~ 200' Coleman & Associates Land Surveying P, 0, BOX 686 ' DENTON, TEXAS 76202 PH(940)565-B215,FAX (940)565.9800, WWW COLEMAN SURVEYING COM <0 2005 COLEMAN & ASSOC. SURVEYtNG CALLED 2""'4 ACRES DEAN R. StNGL£TON TRIIST TO SUNDERMAN" YOUNG TOWIN COMPANY. INC. 97-ROO1001 '0 0 N ~ 050 200 LICENSE AGREEMENT TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF TRANSMISSION PIPELINES THE STATE OF TEXAS COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: THAT the City of Denton, Texas, a home rule municipal corporation ("Licensor"), acting by and through its duly authorized City Manager pursuant to Denton Ordinance No. 2005-175, for the consideration set out below, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto, Advance Midstream, L.P., ("Licensee"), its successors and assigns, the right to enter upon, construct, operate, maintain, repair, replace one gas pipeline in that certain parcel of land owned by the City of Denton in Denton County, Texas, Licensee as described in attached Exhibits "A" and "B" attached hereto and incorporated herein by reference ("Licensed Premises"). Licensee shall provide "as built drawings" to the office of the City Engineer and to the Fire Marshal of the City of Denton upon completion of construction. Section I-Licensee Obligations. Prior to construction, the Licensee shall provide Licensor a plan accurately showing the proposed location, course and alignment of the proposed pipeline, the time, manner, means and method of the proposed construction, the particular commodity proposed to be transported through the pipeline and the maximum pressure and maximum temperature under which the same may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline. The plan shall also include: a. The diameter, normal operating pressure range and the maximum allowable operating pressure of pipeline; b. The materials transported by the pipeline within the city; c. The location of shutoff valves for every segment of a pipeline; d. The business address and telephone number of the person responsible for the operation of the pipeline; e. The business address and telephone number of the owner of the pipeline; Advance Midstream License Agreement - Page I f. The telephone number of at least one emergency contact available on a 24-hour basis; and, g. Certificates of insurance for the coverages set forth in this License; and; h The name, address and telephone number of Licensee. i. Such other information as the Licensor shall reasonably request that relates to placement of the pipeline in the Licensed premises. Section 2. Terms and conditions. For and in consideration of the execution of this License and the mutual promises and covenants of the parties hereto, it is mutually promised, understood and agreed as follows, to wit: I. Term. This License shall be for a term of ten (10) years unless terminated earlier as provided hereafter. 2. Material transported. Licensee may operate the pipeline authorized under this License for the purpose of transporting the material or materials indicated in the Plan. If Licensee changes the material transported in a pipeline, the Licensee shall notify the Licensor in accordance with subsection 3. below. 3. Construction. The leased premises is City of Denton park land. Construction of the pipeline shall be in a manner so that the park land may still be used by its patrons after completion of the project in the same manner it was used prior to the gas line project. Licensee shall protect the patrons using the park from injury and damage both during and after construction of the project. Licensee shall not begin construction of the pipeline until the plans and specifications are approved by the City Engineer. The placement of the oil and gas pipeline shall interfere as little as practicable with the use of the streets, sidewalks, alleys, easements or private property and shall be in accordance with the directives of the City Engineer. If Licensee is found to be using the Licensed Premises for other purposes than those granted herein, this License shall be null and void and Licensee shall have no further rights for Licensed Premises usage. 4. Updating information. Licensee shall update information within 30 days after changes occur. Licensee shall not transport in the pipeline any material other than gas or operate pipelines in excess of their maximum operating pressure or disable any shutoff valve, without the prior written approval of Licensor. 5. Option to Terminate. Licensee shall have the option to terminate this License at any time upon giving the Licensor written notice sixty (60) days in advance of such termination, and upon termination shall not be entitled to any reimbursements of the license fee from the City. Advance Midstream License Agreement - Page 2 6. Option to Terminate. Licensor shall have the option to cancel and terminate this License for failure of Licensee to comply with any provisions or requirement contained in this License after sixty (60) days written notice to do so. 7. Condition Upon Termination or Abandonment. Upon termination of this License or abandonment of the pipeline, Licensee shall abandon the Licensed Premises leaving all improvements on or to the Licensed Premises in a good and serviceable condition, or Licensee shall remove the improvements upon written consent by the Licensor. 8. City Inspection. The Licensor retains the right to make visual, non-invasive inspections of the pipeline and on request of the Licensor from time to time, to require Licensee to provide available records or data to demonstrate its current compliance with the terms of this License. Licensee shall pay to the Fire Marshal its customary fee for pipeline inspections. 9. Consideration. In consideration of the execution of this License, Licensee shall pay a License fee of Six Thousand Fifty Three and no one hundredths dollars ($6,053.00) upon execution of this License. to. Option to Renew. Licensee shall have the option of renewing and extending the term of this License for one additional term of ten (10) years, by giving notice of renewal in writing to the Licensor not less than ninety (90) days in advance of the date of termination of the initial (10) year term. The license fee shall be adjusted yearly by the Consumer Price Index (CPI) for the additional ten-year term set by the Licensor based upon the current market rate, as determined by Licensor. 11. Insurance and Indemnity. Licensee shall provide or cause to be provided the insurance described below upon execution of this agrcement. a. Commercial General Liabilitv Insurance. This coverage must include premises, operations, blowout or explosion, products, complete operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors and personal injury. This coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. The insurance shall also include coverage for environment impairment. b. Automobile Liabilitv Insurance. (I) Minimum Combined Singlc Limit of $500,000 per occurrence for Bodily Injury and Property Damage; and (2) The Business Auto Policy must show Symbol I in the Covered Autos Portion of the liability section in Item 2 of the declarations page which includes coverage for hired, leased and non-owned vehicles. Advance Midstream License Agreement - Page 3 c. Worker's Compensation Insurance. In addition to the minimum statutory requirements: (I) Employer's Liability limits of at least $100,000 for each accident, $100,000 for each employee, and a $500,000 policy limit for occupational disease; and (2) The insurer agrees to waive rights of subrogation against the city, its officials, agents, employees, and volunteers for any work performed for the city by the Licensee. (3) The Licensee shall comply with the provisions of with Section 406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission. d. Excess Liability Insurance. Excess Liability Insurance shall be provided with limits of not less than Five Million, ($5,000,000.00) annual aggregate. e. Indemnification. Licensee shall and hereby does indemnify, defend and save harmless the Licensor, its officers, agents and employces from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages receivcd as sustained by any person, persons or property on account of the operations of the Licensee, its agents, employees, contractors or subcontractors; or on account of any negligent act of fault of Licensee, its agents, employees, contractors or subcontractors in conncction with the obligations of the Licensee under this Agreement; and shall pay any judgment, with costs, which may be obtained against the Liccnsor growing out of such injury or damage INCLUDING BUT NOT LIMITED TO, LIABILITY. CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF DENTON IN THE COURSE AND SCOPE OF PERFORMING ITS DUTES UNDER THIS AGREEMENT. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENTED BY THE LICENSEE TO INDEMNIFY AND PROTECT THE CITY OF DENTON. TEXAS AND/OR ITS OFFICERS. EMPLOYEES, DEPARTMENTS, AGENTS OR SERVANTS WHETHER THAT NEGLIGENCE IS THE SOLE OR THE CONTRIBUTING OR CONCURENT CAUSE OF THE RESULTANT INJURY. DEATH AND/OR DAMAGE. f. General provisions (I) All policies shall be cndorsed to read "THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED". Advance Midstream License Agreement - Page 4 (2) Commercial General Liability and Automobile Liability insurance shall be written by companies with A: VIII or better rating in aecordance with the current Best Key Rating Guide (3) Commercial General Liability, Automobile Liability, and Excess Liability insurance policies shall name as "Additional Insured" the Licensor and its officials. agents, employees, and volunteers. (4) Certificates of insurance must reflect all coverages and endorsements required by this section. (5) Coverage shall be placed with insurance carriers licensed to do business in the State of Texas or with nonadmitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. 12. Performance Bond. Licensee shall provide a performance bond, in the amount of two thousand dollars per location, ($2,000.00). The performance bond shall be executed by a surety company authorized to do business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. 13. Subordination. This License is subordinate to the Licensor's interests in the Licensed Premises. Licensor reserves the right to use the Licensed Premises and the airspace above the Licensed Premises for any public purpose allowed by law and to do and permit to be done, any work in connection therewith which may be deemed necessary or proper by the Licensor on, across, along, under or over said Licensed Premises; and whenever by reason of said work in connection with said other purposes it shall be necessary by the City to alter, change, adapt, conform or relocate Licensee's lines or other property in any part of the Licensed Premises oceupied by the Licensee, such alterations or changes or relocations shall be made by the Licensee when ordered in writing by the Licensor pursuant to directions from the City Manager without any claim for reimbursement for the costs of the reloeation or for damages against the City; provided, that Licensee shall at all times be entitled to receive from the appropriate governmental bodies, excluding the City, payment for alteration or relocation of its lines or facilities to which Licensee may be lawfully entitled under applicable federal or state laws with respect to relocation payments. 14. Notice. Any notice or communication required to the administration of this License shall be sent to the Licensor as follows: City Manager of the City of Denton 215 E. McKinney Denton. Texas 76201 Fax Number: 940.382.7923 Any notiee or communication required in the administration of this License shall be sent to the Licensee as follows: Advance Midstream License Agreement - Page 5 Advance Midstream, L.P. 47 W. Rock Wing Place The Woodlands, Texas 77381 Fax Number: 832.391.3481 Attention: Wm. G. "Bill" Janacek 15. Police Powers. Licensee is subject to all police powers of the City of Denton in the placement and maintenance of the pipeline, as well as all other ordinances as currently exists and as may be amended in the future of the City of Denton. The City of Denton retains regulatory authority over all health, welfare and safety issues that may arise in regard to the transport of oil and gas in the pipelines, except to the extent preempted by State or Federal law. Licensor shall have the right to inspect Licensor's safety reports and to require the inspection or review of the oil and gas pipeline by the Fire Marshal, or his designee or the City Engineer, or his designee, of the City of Denton. Licensor shall pay thc City of Denton the cost of the inspection by the Fire Marshal, or his designee or the City Engineer, or his designee of the City of Denton. ]6. Non-Transferrable Without Consent. The rights granted by this agreement inure to the benefit of the Licensor. Licensee's rights shall not be assigned or transferred in whole or in part without the express written consent of the Licensor. 17. Waiver. No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth 18. Unenforceable Provisions. In the event that anyone or more of the provisions hereof 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 effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement ]9. Entire Agreement. This Agreement and the exhibits attached thereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. Advance Midstream License Agreement - Page 6 20. No Waiver for Failure to Enforce. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 21. Captions. The captions contained in this License are for informational purposes only and shall not in any way affect the substantive terms or conditions of this License. 22. Laws of Texas. This License shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any disputes arising from the performance of this License shall be in Denton County, Texas. All payments under this License shall take place in Denton County, Texas. IN WITNESS W~, tf'::211s hereto have executed this License 10 duplicate originals on thi.,' day J006. THE CITY OF DENTON, TEXAS "Jo~~ Interim City Manager BY: APPR (~~~~ LEGAL F EDWIN ~~R, CITY BY: ADVANCE MIDSTREAM, L.P. By ADVANCE USA Enterprises, L.L.c. Its General Partner By Manager Tit, Advance Midstream License Agreement - Page 7 ST ATE OF TEXAS ~ ~ COUNTY OF DENTON ~ Before me, .J"in~ i?tfJ?ard6()j1 , the undersigned notary public, on this day personally appeared Howard Martin, the Interim City Manager of the City of Denton, known to me; to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this 25~ay Of~2006. ""U",,,-, l~~~!"~f'!...:'\, f*': " S '4",,\~~ 'lfI,r'~II;;r JANE E. RICHARDSON Notary Public. State of Texas My CommIssion Expires J~n. 27,J009 9!f;[t e !tfJLau;wrJ Not y Public Oe,!J.7/0Q / I My Commission Expires: STATE OF TEXAS ~ COUNTY OF DENTON ~ '\, . BEFORE ME, the undersigned authority, on this day personally appeared lv.l \~"'" J'".,c",~ ,the ~......"'~ of /"l.UHvv M;d.,t'vum, L.P., "'- and acknowledged to me that e/she executed the IOstrument for the purposes and l consideration therein expressed. AlJVAlleJ:. LJ..~/1 J:'.__ ), . J/'f '-""-wJDl( JS~~/," Given under my hand and seal of office this 2. f{ day of ~2006. 6 /YIo ~ Notary Public, State of Texas My Commission Expires: "-' 1 ~v7 \,\I'~~'~~II", .,~,.. ..',. ~..~.' '.~-;. ~:. ,=.J ~~",:-. ,''t"':- ~~..~/'; OF'\~~~' ',..",,1\\ MICHAEL FOITEK Notary Public. Slate of .Te~as My Commission Expires. January 27. 2007 Advance Midstream License Agreement - Page 8 Colermm & Assoc. Land Surveying P.O. Box 686 Denton. Texas 7(i202 Phone (940)S65~H~15 Fax (940)56:)-~)HOO Exhibit "A" 20 foot Gas License Area Airport Road Open Space FILED NOTES to all that certain tract of land situated in the T. Toby Survey Abstract Number 1285, City of Denton, Denton County Texas and being a part of the called 41.629 acre tract described in the deed from J. Newton Rayzor to the City of Denton recorded in Volume 516, Page 648 of the Deed Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southwest comer of the tract being described herein at a Y, inch iron rod found at the Southwest comer of the said 41.629-acre tract on the north right-of- way ofFM Highway 1515 (Airport Road); THENCE North 00 Degrees 19 Minutes 00 Seconds East with the West line of the 41.629-acre tract a distance of20.3 feet; THENCE North 80 Degrees 47 Minutes 51 Seconds East across the 41.629 acre tract a distance of60S.3 feet to the East line thereof; THENCE South 00 Degrees 19 Minutes 00 Seconds West with the East line of the 41.629 acre tract a distance of20.0 feet to the extension of the North line of the called 100 foot wide Easement and Right-of-Way as described in the instrument from Rayzor et al to T.P .&1. recorded in Volume 9] 1, Page 894 of the said deed records and being 100 feet north of the Southeast comer of the 41.269 acre tract; THENCE South 80 Degrees 47 Minutes 51 Seconds West across the 41.629-acre tract a distance of 605.3 feet to the PLACE OF BEGINNING and enclosing 0.278 of an acre of land. Together with a 30 foot temporary Construction Area North of and adjacent to the above described area as shown by Exhibit "B" attached hereto. (REMAlHOtR) CALUD 2.45.89 ACAts JI.....,E UHDtRWOOO TO J. NEWTON RAYlOR VOL. 417, P. 399 ~ ~, ~" .,\\ '0'" \ 'I- '\, CAlLED 41.629 ACRES J. tfEW'TOtt RAnOA TO CITY Of DENTON VOL 516. P. 148 '\ '\ \ 'I I tASDlttfT A R.O.W. I ....nOR .1 .. ~TO T.P. ~ L I VOL 911 P. 804 ClUED 2UU04 ACRES DEAN A. ~TOH TRUST TO SUNDDUU.N It YQtJHC TOWlN COMPANY. INC. 97..RQ01OV1 '0' 1.. 0 lh.... (R[YAlNDtA) CAUED 20.Sg ACRES JI....,[ UNDERWOOD TO J. NEWTON RAYlOR VOL "", P. :519 .... 30' TEt.4PORARY CONSTRUCTION AREA 1 20' LICENSE AREA 5 ?>' - - '5'" t: 60 . -\'I 80'47 W 60S.?> 5 80'475' ~. (N 89"U'W 597.00') 607' 4>...F .M. 1515 AIRPORT I 100' I I I I . S 00."9'00" W 20.3' :-:::L.: o o. . . '" 0'> . _0 .N g \ z b o ..~ 'r~" ROAD ~.-1fl ";.'" 0", "0 'P", ~ * BEARINGS & OISTANCES BASED ON: * TEXAS COORDINATE SYSTEM OF 1983, NORTH CENrRAL ZONE (4202) BASED ON GPS TIES TO GEOOETIC CONTROL CONVERGENCE = 00'44'50' COMBINED SCAlE FAcrOR = 0.99984667 ro GET SURFACE DISTANCES MULTIPLY BY; 1.00015335 N 1202 6-2-oS '" = 200' Coleman & Associates Land Surveying P. O. BOX 686 DENTON, TEXAS 76202 PH(940)S6S.821s,FAX (940)S6S'98OO, WWW.COLEMANSURVEYING.COM Ci:l 2005 COLEMAN & ASSOC. SURVEYING EXHIBIT "B" LICENSE AREA IN THE T. TOBY SURVEY A.1285 CITY OF DENTON DENTON COUNTY, TEXAS DRAWN: CF JOB #: CHECKED: WMC DATE: REVISED: N/A SCALE: ~o o 50 I 200 "