Loading...
2002-183OPOmANCE NO. dO oT-/ AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND RAY HALLFORD RELATING TO THE PURCHASE OF A 0.565 ACRE TRACT OF LAND IN FEE SIMPLE FOR STREET PURPOSES, AND TWO SLOPE EASEMENTS CONTAINING APPROXIMATELY 0.203 ACRE AND 0.134 ACRE, RESPECTIVELY, ALL OF WHICH ARE LOCATED IN THE D. LAMBERT SURVEY, ABSTRACT NUMBER 784, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON, TEXAS, AS PART OF THE COLORADO/MAYHILL/EDWARD S PAVING AND DRAINAGE IMPROVEMENTS PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The City Manager is hereby authorized to execute a Real Estate Contract between Ray Hallford in substantially the form of the Real Estate Contract which is attached hereto and made a part of this ordinance for all purposes, for the purchase of a 0.565 acre tract of land in fee simple for street purposes, and two slope easements containing approximately 0.203 acre and 0.134 acre respectively. SECTION 2. The City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~¢ dayof ~,~//~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY REAL ESTATE CONTRACT THIS CONTRACT OF SALE is made by Ray Haliford (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. 1. PURCHASE AND SALE Subject to the terms and conditions contained in this Contract, Seller shall sell and convey unto the Purchaser and Purchaser shall purchase the property particularly described in Exhibit "A" and illustrated in Exhibit "D" attached hereto and made a part hereof by reference (the "Right-of- Way Property"). The Right-of•Way Property will be conveyed by "Street Right of Way Deed!' a copy of which is attached hereto and made a part hereof as Attachment "1". Seller hereby sells and agrees to convey the Right-of-Way Property with all rights and appurtenances pertaining to the Right-of-Way Property including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way. Seller shall sell and grant unto the Purchaser and Purchaser shall purchase the "Slope Easements" containing those tracts particularly described in Exhibit "B" and Exhibit "C" illustrated in Exhibit "E" and Exhibit "F" as Slope 8, Slope 9 (the "Easements"). The Easements are attached hereto and made a part hereof as "Attachment 2". The Right-of--Way Property and Easements are hereinafter called the "Property". II. SETTLEMENT AGREEMENT Purchaser has heretofore instituted eminent domain proceedings to acquire the Property in that certain cause styled City of Denton, Texas v. Ray Hanford, Cause No. ED-2002-00036 in the Probate Court of Denton County, Texas (the "Condemnation Proceedings'). This Contract is a settlement of any and all claims the Purchaser and Seller may have against each other arising out of the Condemnation Proceedings including without limitation any and all claims for damages or compensation the Seller may have against the Purchaser as a result of the Purchaser's acquisition of the Property including damages to the remainder, if any, and any damages for trespass by the Purchaser prior to the Purchaser's institution of the Condemnation Proceedings. Therefore, as of the Closing, the Seller and Purchaser release and discharge each other from and against any and all claims, damages, liability and actions arising out of or resulting from the Condemnation Proceedings, the Purchaser's acquisition of the Property and any trespass by the Purchaser, its employees or agents. At Closing the City and Purchaser will execute all necessary pleadings to cause the dismissal of the Condemnation Proceedings. Purchaser currently has lawful possession of the Property by virtue of a Right-of-Entry granted by Seller. Purchaser is entitled to continued possession of the Property through Closing, or as otherwise provided herein. III. PURCHASE PRICE 1. Amount of Purchase Price. The total purchase price for the Property shall be the sum of One Hundred Eighty Five Thousand Dollars and No Cents ($185,000.00) (the "Purchase Price'). 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. IV. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to Seller's compliance with the covenants, agreements, and conditions required by this Contract to be performed, observed, and complied with by Seller prior to or as of the closing. V. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date, that the Property is convey, granted and sold in "AS IS" condition. However nothing herein shall be construed to release, discharge or hold harmless, any of Seller's predecessors in title. VI. CLOSING e The closing shall be held at the ofc of Texas Title "Company 2215 South Loop 288, Suite 320, Denton, Texas 76205 on or before 3 31, 2002, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "Closing"). Further the Closing will be extended if necessary to allow for the Replat provided for hereinbelow. VII. CLOSING REQUIREMENTS 1. Seller's Requirements. At Closing Seller shall A. convey good and indefeasible fee simple title to the Right-of-Way Property by PAGE 2 delivering the Street Right-of-Way Deed to Purchaser, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions; and B. grant the Easements to Purchaser, free and clear of all liens and encumbrances. 2. Purchaser's Requirements. At Closing Purchaser shall pay Purchase Price to Seller. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by the parry incurring same. 4. Setback. The Property is a part of a tract of land described as Lot 1, Block A of the Lombardo Addition, an Addition to the City of .Denton, Texas (the "Parent Tract' The plat of the Parent Tract shows a 85 foot building setback line along the western boundary. The conveyance of the Property to the Purchaser for the construction of a roadway will result in two remainder tracts, being an approximate 1 acre tract (the "Northern Remainder") and an approximate 4.2 acre tract (the "Southern Remainder"). The current zoning of the Parent Tract is RCC-D, Regional Commercial Downtown which has no set back requirements along the western boundary of the Parent Tract. Prior to Closing, the Seller will process a replat application for the Northern and Southern Remainders to remove the 85 foot building line shown on the existing plat (the "Replaf No application fee will be required. Notwithstanding anything contained herein to the contrary the Closing is contingent on approval of the Replat, VIII. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummation of this contract. IX. BREACH BY SELLER If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Property for any reason, except Purchaser's default, Purchaser may: (1 ) enforce specific performance of this Contract; or (2) terminate this Contract and continue to institute the Condemnation Proceedings. In either case, Purchaser shall be entitled to possession of the Property under the previously granted Right-of-Entry until a court grants Purchaser possession in the Condemnation Proceedings or in a suit for specific performance. PAGE 3 X. BREACH BY PURCHASER In the event Purchaser fails to consummate the purchase of the Property, if Seller is not in default under this Contract, Seller may (1) enforce specific performance of this Contract; or (2) terminate this Contract. In either case, Purchaser shall be entitled to possession of the Property under the previously granted Right-of-Entry until a court grants Purchaser possession in the Condemnation Proceedings or in a suit for specific performance. XI. MISCELLANEOUS 1. Mayhill Road. It is the Purchaser's intention to close the section of Old Mayhill Road from the existing Mayhill Road going east to the Rail to Trails corridor, as well as the section of Edwards road going north from the location of the Snider property to the Municipal Landfill. These road closures will be completed in the interest of public safety and will be taken to Denton City Council for approval once the Mayhill/Colorado Paving and Drainage Improvement project has been completed. Upon City Council approval the roads will be gated and closed to public access. Adjacent property owners, including Seller, will be given keys to the gates for private access to their property. Unless required by the public health, safety and welfare, the Purchaser will not abandon these roads and will retain the public's interest and right of way until such time that reactivation occurs. The Purchaser agrees to maintain and keep in place the gates and any barricades referred to above so long as the roads remain closed to public access. 2. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. A. Seller's agent for purposes of notice shalt be: M*e Griffin, Griffin, Whitten, Jones & Reib, 218 North Elm Street, Denton, Texas 76201. B. Purchaser's agent for the purposes of notice shall be: Edwin Snyder, Deputy City Attorney, City of Dent-on, 215 East McKinney Street, Denton, Texas, 76201. PAGE 4 4. Texas Law to Ap lv. This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Hound. This Contract shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Contract. 6. Legal_ Constructiat. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Contract constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Contract. 9. Gender. Words of any gender used in this Cpntract shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Contract suitable for filing of record. 11. Cow, pliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Effective Date. The term "Effective Date" means the latter of the dates on which this Contract is signed by either Seller or Purchaser, as indicated by their signature below. If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed Contract is the Effective Date. PAGE 5 IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLER: 44', y Hanford Date: f _ Z 5' 1- APPROVED AS TO FORM: Attorney for Se r Michael A. Conduff City Manager 215 E. McKinney Denton, Texas 76201 Date: . e' ~~O:Z- APPRO AS TO RM: Edwin M. Snyder, uty City Attorney Attorney for Purchaser PAGE 6 TITLE CQhRANY ACCEPTANCE AND ACKNOWLEDGEMENT The Title Company acknowledges receipt of the fully executed Contract on day of 2001. TITLE COMPANY: Name: . Texas Title Company Address: 2215 South Loop 288, Suite 320 Denton, Texas 76205 Telephone: 940-382-8251 By: t~DLXA, D42.0 Printed Name: Title: PACE 7 EXHIBIT A n~ 00 r. z M-4 oo D Z° cz ° MAYHILL ROAD z Z-4 z,cn -m 0-n z~ z- z`' 5g A --I. cf) M z M of z I I _ 85 BUILCINC LINE, CABINET 1. DACE 182 >D ' n0 CDr r ZOO D' O,- r- rrlK ZOO _ -im °m n>0 O D om r- oc-) x y D O I ~ O m. =j NZ 1 NJzZ rri T3 CA ZN J J~ ZN TTT!!TTTWWWm»l Z0G - L- ~ 0F7 O~ C ~ ' ~ f~4 ;:uhf/• '•::c N ~ j 61P z f. ' :2 i~ - d 1: - s r J rli ryryv.~ 1~AI' 1 i z ' d0~ HAMMETT & NASH, INC. ~..7 ENGINEERS & SURVEYORS 223 W. HICKORY, DENTON, TEXAS 76201 940-387-0506 lam 940-565-0436 hamInashQa:rm04.net OWN. ,SpA CKD. SCALE 1 " . 4 p' DATE 12111/00 . JOB NO. 31717 rrr ~cos~ . J r W i EXHIBIT B MAYHILL ROAD Zo Zal " Z z, Z 85' BuILGING LINE. CABINET I, PAGE 182 r I N I yto 7 ~ :-A r ma P 0 : 7 O om O m T E i rn~ o 'o N O oA= oG r 1 o~y x - . L o -Q D C.) D0~4 ~ ~ o- I 71-7-0. m 7 J n '.1 f5 b. S S Y n SI n r. A ill ra J N l P A..+U C. ~.O I. C N '69:1 b .-.NO V { •i { P C !a r -0 I O NZ m N ~N•Q: z, Z D rTl y cf) b O V TaOZ m r z . mm r w u' C-) r- ' I ' , ono n o m / 37x17 I Z-I OA \t Gl =A tZ HAMMETT & NASH, INC. ENGINEERS & SURVEYORS 223 W. HICKORY, DENTON, TEXAS 76201 940-387-0506 lox 940-565-0436 homInosh®oirmo.l.net DATE JOB NO 31717 DWN.. SpAq CKO. SCALE 7 = 0 0 01 ~03~01 EXHIBIT C MAYHILL ROAD fl .n. I N :r :r 0 T c a n ~ ~.•nc:r ~ nee n i b .w .O n S b 4 I~ .q O• T V" lT N V. P 'p q w O P W ; a _ rn W mo_ 2z Z- -l _zp z -n G) . • O O Z~E ~ T v , ~i 55N om z Z or z '9 Z IO~ P I~ O~ ar1i T~T ~ 'I ' y i< co 'v z I N r- 1 =W~= r 1T40 pgUO v y.w ~o +v Sr. +lw r p ~Y 111 J J••G .w, 85' BUILCING LINE. CABINET 1, PACE 182 m0 Mtn !E r 0 m y °n ~m 7- 0c) ;0 v v 0 bz x-oDno y0 A r ()no 2N wz N D I u o~ y~ 0m 0" z ~o z ° cf) r- 0 m 'D'^^ V/ m K m z -i .MV✓ 1 4 rE JA ~ f ,V u'' A, 02 ' ~ CO rq r-I . r r,Y W. HAII.I.ME T C~ 1649 IT r o.;o Z ~ rnSUK`1~ J>o n~ to z V HAMMETT & NASH, INC. ENGINEERS & SURVEYORS 223 W. HICKORY, DENTON, TEXAS 76201 940-387-0506 lax 940-565-0436 hamineshmo;rmoi.ncl " DATE J08 NO 7 OWN. ,S pA CKD. SCALE 7 = 50 01 103101 3171 EXHIBIT D 31717 11128/2000 TRACT 30 HALLFORD ALL TIIAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TI IL D. LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY, TEXAS. BEING PART OF LOT I. BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON. AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET 1, PAGE 182• PLAT RECORDS. DENTON' COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONIMENCING AT A''/, INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT I ON THE EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY), SAID PIN ALSO BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DECD TO ROY IIALLFORD. RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS; TIIENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITH THE WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 427.89 FL•ETTO A SETP2 INCII IRON PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1849, ATTHE POINT-OF-DLGINNING OF TIIE HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 46 DEGREES 03 MINUTES 52 SECONDS WEST 993.12 FEET FROM A RAILROD SPIKE FOUND IN TI IL MIDDLE OF MAYI IILL ROAD AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696• WHICH IS TI 11: NORTHEAST CORNER OPT}IL D LAMDERT SURVLY ABSTRACT 784, ON TI IL WLST LINT: OP THE GIDEON WALKER SURVEY ABSTRACT 1330; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITH THE WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 30.00 FELT, TO A SE11:2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED IMN 1349; THENCE SOUTH 89 DEGREES 00 MINUTES 57 SECONDS LAST, A DISTANCE OF 197.81 FEET. TO A SIT 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPLD II&N, 1349 AT T'I IL BL•'GINNING 01: A CURVE TO THE LEFT; TIIENCE AROUND SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE-.' OF 11 DL'GRLES MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET, AN ARC LLNGTII OF 91.75 FELT. AND A Cl IORD WHICH BEARS NORTH 85 DEGREES 16 MINUTES 06 SECONDS EA5'E, A DISTANCE OF')1.63 FL'L'T. TO A SET 1/2 INCH IRON PIN WITH A YELLOWPLASTIC CAP STANII'ED I IRN 1849 ON THE WEST R!GI!1'- OF-W'AY LINE OF THE OLD M.K. S T. RAILROAD RIGHT-OF-WAY. AT THE BL'GINNING OF A CURVE TO THE RIGHT. TI IENCE WITH SAID RIGHT-OF-WAY, AROUND SAID CURVE TO THE RIGI IT. HAVING A CENTRAL ANGLE OF 02 DEGREES 31 MINUTES 46 SECONDS, A RADIUS OF 1359?4 FEET. A` ARC LENGTH OF 82.08 FEET, AND A CHORD WHICH BEARS SOUTH 24 DEGREES 27 MINUTL'S 33 SECONDS LAST. A DISTANCE OF 82.08 FEET, TO A SET 12 INCH IRON PIN WITH A YELLOWPLASTIC CAP STAM LD FISN 1849 AT THE BEGINNING OF A CURVE TO THE RIGHT; 1'I ILNCE AROUND SAID CURVE TOT] IL RIGI IT. I IAVING A CENTRAI, ANGLE 01' 13 M."GREES MINUTES 27 SECONDS. A RADIUS OF 540.00 F[:GT, AN ARC LENGTH OF 127,62 FEET. AND A CI!C-;D WHICI I DEARS SOUTH 84 DEGREES 12 MINUTES 49 SECONDS WEST. A DISTANCL 01: 1.7.3. I'LL TO A SET 12 f\C11 IRO` PIN WITI I A YELLOWPLASTIC CAP STANIPED I I&N IS-11); TI IENCE NORTH 89 DEGREES 00 MINUTES 57 POINT OF BEGINNING AND CONTAINING IN '[:ST, A DISTANCL OF 197.7: FELT 10 TML ~3P LAND. ' ~C. 7 i EXHIBIT E 31717 1 1 r.1812000 S1.0111: RASI-AIENT 9 I IALIXORD ALL TI (AT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TI IL U. LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON,.DENTON COUNTY. TEXAS. BEING PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO TI IE CITY OF DENTON. AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET 1, PAGE 132, PLAT RECORDS. DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A''/, INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT 1 ON TIIE EAST RIGHT-OF-WAY LINE OF NIAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY), SAID PIN AI.SO BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD, RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462. REAL PROPERTY RIiCORUS. DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITH THE WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.89 FEET TO A SETI/2 INCH IRO` PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT TIIE POINT-OF•BEGINNING OI:'I'IIL HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 45 DEGREES 49 NIINU'I'I.S 29 SECONDS WEST 997.29 FEET FROM A RAILROD SPIKE FOUND IN TI IL MIDDLE OF MAYI IILL ROAD AT TI IE SOUTHEAST CORNER OF THE D. HOUGI I SUREY ABSTRACT 696. WI IICI I IS TI IE NORTHEAST CORNER OF THE D LAMDERT SURVEY ABSTRACT 734, ON TI IL WEST LINE OF TI11 GIDEON WALKER SURVEY ABSTRACT 1330; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITH THE WEST LINE OF SAID LOT 1. A DISTANCE OF 5.89 FEET, TO A SETI/2 INCII IRON I'IN WITI I A YELLOW PLASTIC CAP STAMMI) H&.N 1349; THENCE SOUTH 89 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE OF 197.73 FEET. TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N' 1849 AT THE BEGINNING 01: A CURVE TO THE LEFT; THENCE WITI1 SAID RIGIIT-OF-WAY, AROUND SAID CURVE TO THE LEFT, I LAVING A CENTKAL ANGLE OF 13 DEGREES 32 NFINUTES 27 SECONDS, A RADIUS OF 540.00 FEET, AN ARC LENGTI I OF 127.62 FEET. AND A CHORD WHICH BEARS NORTH 84 DEGREES 12 Nil`UTES 49 SECONDS EAST. A DISTANCE OF 127.32 FEET, TO A SET 12 INCH IRON PIN WI1'11 A YELLO%\' I'LAS'fIC CAI' STAM!'ED FI&N 1349 AT THE BEGINNING OF A CURVE TO THE RIGFIT; THENCE AROUND SAID CURVE TO TI IE RIGHT, HAVING A CENTRAL ANGLE OF 00 DEGREES 30 MINUTES 51 SECONDS, A RADIUS OF 1859,24 FEET. AN ARC LENGTI I OF 16.63 FEET. AND A CHORD WHICH BEARS SOUTH 22 DEGREES 56 MINUTES 14 SECONDS EAST. A DISTANCE OF 16.68 FEET. TO A SET I+- INCI I IRON PIN WITI I A YELLOW PLASTIC CAP STAMPED 11&14 1349; THENCE SOUTH 76 DEGREES 44 MINUTES 43 SECONDS WEST A DISTANCE OF 109.52 FEEL' 1'O A 1'2 INCI I IRON PIN SET wIT11 YELLOW CAP STAMPED I I -N 1849• TI IENCE NORTH 83 DEGREES 36 MINUTES 21 SECONDS WEST A DISTANCE OF 225.77 FEET '1'O 1lIL' POINT OF BEGINNING AND CONTAINING IN ALL 0.134 ACRE OF LAND. ,-O-0 F 7 . ; .4....JIB 1 ~rp•~ t 4. EXHIBIT F 31717 1112 g2000 REV 01/042001 SLOPE EASC•NIC•NT S HALLFORD ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE D. LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON. DENTON COUNTY, TEXAS, BEING PART OF LOT I, BLOCK A. LOMBARD ADDITION, AN ADDITION TO 1'1 IE CITY OF DENTON. AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET I, PAGE 182, PLAT RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A'% INCH IRON PIN FOUND AT TI-IL SOUTHWEST CORNER OF SAID LOT I ON THE EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY), SAID PI`. ALSO BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD, RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-R0073462, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST. WITI I TI IL WEST LIME OF SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.89 FEET TO A SETU2 INCH IRO` PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1849, AT THE POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 49 DEGREES 31 MINUTES 44 SECONDS WEST 933.40 FEET FROM A RAILROD SPIKE FOUND IN TI IE MIDDLE OF h1AYHILL ROAD AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696, WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784, ON TIME WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330; TI IENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITI I TI III WEST LINE OF SAID 1.0 f 1. A DISTANCLOF 20.13 FEET, TO A SL:TI/_ INCI1 IRON I'IN WITH A YELLOW 1'LAS'I'IC CAP STAN11'L'D H,LN 1849; THENCE NORTH 83 DEGREES 37 MINUTES 14 SECONDS LAST, A DISTANCE OF 141.78 FEET, TO A SLT 12 INCH IRON PIN WITH A YELLOW PLASTIC CAI' STAMPL•'D I IS:N I S-19; TI4ENCE SOUTH 86 DEGREES 10 MINUTES 18 SECONDS EAST A DISTANCE: 01" 137.11 F'EE'i TO A SET 5; INCH IRON PIN WITH A YELLOW CAP STAMPED I ISN 1849, AT TI IE BEGINNING OF A CURVL TO THE RIGHT; THENCE WITI I SAID RIGIIT-OF-WAY, AROUND SAID CURVE T01-11E RIGHT. I IA%'1?:G A CENTRAL ANGI.L OF 00 DEGREES 46 MINUTES 28 SECONDS. A RADIUS OF I S59.24 FEET, AN ARC LENGT I I OF 25.13 FEET, AND A CHORD WHICH BEARS SOUTH 26 DL•'GRLLS 06 MINUTES 40 SECONDS EAST. A DISTANCE OF 25.13 FEET. TO A SET 1/2 INCH IRON PIN WITH I A t•ELLO%%' PLASTIC CAI' STAMPED HSN 1849 AT THE BEGINNING OF A CURVE TO THE LEFT; TIIENCL AROUND SAID CURVE TO TIIE LEFT, IMING A CENTRAL. ANGLE-OF 11 DEGREES 25 MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET. AN ARC LENGTII OF 91.78 FEET, AND A CI LOAD WI IICH BEARS SOUTE185 DEGREES 16 MINUTES 06 SECONDS «'E•ST. A DISTANCE OF 91.61 FEET. TO A SET 1l2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED I I &N 1849. TI IENCE NORTI 139 DEGREES 00 MINUTES 57 SECONDS WEST, A DISTANCE OF 197.81 PEI:I "it~'f!i!: POINT OF BEGINNING AND CONTAINING IN ALL 0.203 ACRE OF LAND. "T 1 GAfi'! Yi. I f i STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Ray Hallford, hereinafter called "Grantor," for and in consideration of the sum of Ten Dollars and No Cents ($10.0(3) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter called "Grantee," the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, BARGAIN, SELL and CONVEY unto the Grantee all of that certain tract or parcel of land containing approximately 0.565 acres of land and being situated in the D. Lambert Survey, Abstract Number 784, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and illustrated in Exhibit "B", which are attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called the "Property." It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right-of-way, drainage improvements, utilities and other related improvements. This provision shall not be construed as any restraint on the right of Grantee to convey fee simple title to the Property. Grantor hereby waives any and all right for compensation for the property interests conveyed to Grantee hereunder, including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. Notwithstanding the area and shape of the Property, this Deed shall be construed as conveying all rights and appurtenances incident to any ordinary conveyance of land. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. SIGNED this Al day of 2001. Ray allfor 1 ACKNOWLEDGMENT STATE OF Texas § COUNTY OF -rY § This instrument was acknowledged before me this a 9 day of 2002, by Ray Hallford. ♦~~`qY P I ~~I LYNN MINNA Notary Public, Stave of Texas n ~;no~ c My Commission E)Vm 10-01-04 AFTER RECORDING RETURN TO: CITY OF DENTON ENGINEERING DEPARTMENT 601 E. HICKORY SUITE B DENTON, TX 76201 ATTN: PAUL WILLIAMSON Not y Public, State of Texas Print Name: a My commission expires Lew- 2 EXHIBIT A I I DO r.~ 55 T 00 z C '9 O Z I I m-u L)2 MAYHILL ROAD Z-i 7Jm ~i A - m Z _q o z - Z n~ r Z r A no m r. r rO m_ BUILGING LINE, CABINET I, AGE 182 _ °m o I mpX NOD QI z y a d m~ z-, ZF3 CA m ~ N Z TN z I A 7 -7 CI ) I r. ! C. O C7° D' or- r ~ 1 ;0 .DO rv 0o0 MO7, D SO Nz cn I'I z Qo;~mlt L J j _ t •1 t t lY~' ' -ic c- r3i r rrl r J J r Co om -0 i~ mu) zj• w ~'I - 7• .'an SS- - .ts - T. 't I' •1 r t :f C i W D CA) cl) TC N co rri HAMMETT & NASH, INC. ENGINEERS & SURVEYORS 223 W. HICKORY, DENTON, TEXAS 76201 940-387-0506 tow 940-565-0436 hominoshOa:rrna;I.nel OWN. S'pA CKD. SCALE) " 40' DATE 12111/00 JOB NO, 31717 EXHIBIT B 31717 11/28/.000 TRACT 313 HALLFORD ALL TIIAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TI IL D. LAMBERT SURVEY, A1STRACT NUMBER 784, CITY OF DENTON, DENTON COUNTY. TEXAS. BEING PART OF LOT 1, BLOCK A LOMBARD ADDITION, AN ADDITION TO THE CITY OF DENTON. AS SI10WN BY THE PLAT T}IERC•OF RECORDED IN CABINET 1. PAGE 132. PLAT RECORDS. DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A'/z INCH IRON PIN FOUND AT Till: SOUTIIWEST CORNER OF SAID LOT I ON THE EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY). SAID PIN ALSO BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY IIALLFORD, RECORDED UNDER COUNTY CLERK'S FILE NUMBER 93-80073463, REAL PROPERTY RECORDS, DENTON COUNTY. TEXAS; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITH THE WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY. A DISTANCE OF 437.39 FELT TO A SET I INCI I IRON PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1849, AT THE POINT-OF-OEGINNING OF TI lE I IEREIN DESCRIBED TRACT. SAID POINT OF BEGINNING BEING SOUTH 46 DEGREES 03 MINUTES 53 SECONDS WEST 993.12 FEET FROM A RAILROD SPIKE FOUND IN TI IL MIDDLE 01' `IAYI [ILL ROAD AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696• WI IICI 11S TI [H NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 73.1.ON TI IL WL•'ST LINE OF THL 01DEON WALKER SURVEY ABSTRACT 1330; THENCE NORTH 00 DEGREES 55 h11NUTES 40 SECONDS EAST WITI1 TILE %%'EST LINE OF SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 30.00 FEET, TO A SETT.-2 INCI 11RJX PIN WITH A YELLOW PLASTIC CAP STAMPED ILLN 1349; THENCE SOUTH 39 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE OF 197.81 FEET. TO A SET U2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED l I&N' 1349 AT 1'1 IC BEGINNING OF A CURVE TO THE LEFT; TIIENCE AROUND SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OI' 11 DEGREES ^_S MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 91.73 FELT. AND A CI IORD WHICH DEARS NORTH 85 DEGREES 16 `IINUTL•S 06 SECONDS EAS'T'. A DISTANCE OF 91.63 FELT. TO A SET 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED IIRN 1349 O` TILE WEST R1Gltl'• OF-WAY LINE OF THE OLD M.K. & T. RAILROAD RIGHT-OF-WAY. AT THE BEGINNING OF A CURVE TO THE RIGHT; TI IENCE WITH SAID RIGHT-OF-WAN'. AROUND SAID CURVE TO THE RIGI IT. HAVING A CLNT*;~IL ANGLE OF 02 DEGREES 31 MINUTES 46 SECONDS. A RADIUS OF 1359.34 FEET. AN ARC LENGTH OF 82.08 FEET, AND A CHORD WHICH BEARS SOUTH 24 DEGREES 27 ,MINUTL•'S 33 SECONDS EAST. A DISTANCE OF 82.03 FEET, TO A SET 1!2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPL'D H &-N 1349 AT THE BEGINNING OF A CURVE TO THE RIGHT; I)IiGRIiES TI IENCE AROUND SAID CURVE TO TI LL RIGHT, LAVING A CENTRAL ANGLE 0FI3 MINUTES 27 SLCONUS. A RADIUS OF 540.00 FLIT. AN ARC LL% tcjnl OF 127.62 FEET. AND A CIi! ;U `l HICI I BEARS SOUTH 84 DEGREES 12 MINUTES 49 SECONDS WEST. A UIS'fANCL 01' 1-7.?= FEE'. TO A SET I: INCII IRO` PIN WIT1I A YELLOW PLASTIC CAP STAMPED II&-N IS-19; TI IENCE NORTI I S9 DEGREES 00 .%IINUTIiS 57 POINT OF BEGINNING AND CONTAINING IN EST. A DISTANCE OF 197.71 FL:UT 10 ML A ,J55 (S6gt3ZL_Q LAND. 1 .1 AilY W. ATTACHMENT 2 SLOPE EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Ray Hallford, hereinafter called "Grantor", of Denton County, Texas, in consideration of the sum of Ten Dollars and No Cents ($10,00 and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantor, and situated in the D. Lambert Survey, Abstract Number 784, City of Denton, Denton County, Texas, further described in Exhibit "A", illustrated in Exhibit "B" , and Exhibit "C", illustrated in Exhibit "D", attached hereto and made a part hereof. And it is further agreed that the City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings, and other obstructions as may now be found upon said property. For the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining slope in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises 1 for the purpose of making additions to, improvements on and repairs to said slope facilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this the o~ day of , 20qA ZZ 4L laz 4z Ray Hallford ACKNOWLEDGEMENT THE STATE OF T as § COUNTY OF ~ § This instrument was acknowledged before me on this the day of 2002 by Ray Hallford. LYNN MINNA ftgNblic,SlatEof Tn Not y Public, State of, =4r ••~••''+P. A?YCammission My Commission Expires: C>1 1164 Accepted this the day of 2001-for the City of Denton Texas (Resolution No. 91-073). BY : 1 af% w 44(1 rp.1;-V as Q- fflL A6 /7\ Paul Wil iamso Real Estate & Capital Support Manager 2 AFTER RECORDING RETURN TO: CITY OF DENTON ENGINEERING DEPARTMENT 601 E. HICKORY SUITE B DENTON, TX 76201 ATTN: PAUL WILLIAMSON 3 EXHIBIT A 31717 11/28.2000 REV 01.•04f2001 SLOPE EASEMENT 8 HALLFORD ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE D. LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON. DENTON COUNTY, TEXAS. BUNG PART OF LOT 1, BLOCK A, LOMBARD ADDITION, AN ADDITION TO 1-1 It: CITY OF DENTON. AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET I, PAGE 132, PLAT RECORDS, DENTO` COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A INCH IRON PIN FOUND AT THL SOUTHWEST CORNER OF SAID LOT 1 ON THE EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF-WAY).-SAID PIN ALSO BEING THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO ROY HALLFORD. RECORDED UNDER COUNTY CLERK'S FILE NUNIBER 93-R0073462, REAL PROPERTY RECORDS, DL•NTON COUNTY. TEXAS; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST. WITI I TI IL WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.39 FEET TO A SET 1,2 INCA IRO` PIN WITH A YELLOW PLASTIC CAP STANIPED HSN 1349, AT THE POINT-OF-BEGINNING OF THE HEREIN DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 49 DEGREES 31 MINUTES 44 SECONDS WEST 933.40 FEET FRONI A RAILROD SPIKE FOUND IN TI Ill MIDDLE OF MAYHILL ROAD AT THE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696. WHICH IS THE NORTHEAST CORNER OF THE D LAMBERT SURVEY ABSTRACT 784. ON THE WEST LINE OF THE GIDEON WALKER SURVEY ABSTRACT 1330; TI IL•NCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITI I TI IE WEST LINE OF SAID LO1 1. A DISTANCL OF 20.13 F'ELT,TO A SLTlr' INCA IRON I'M Will I A YELLOW PLASTIC CAP STAMPLL) HSN 1349; THENCE NORTH 83 DEGREES 37 MINUTES 14 SECONDS EAST. A DISTANCE OF 141.73 FE'L'T. TO A SLT 1.2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STMAPLO 11SN 1349; THENCE SOUTH 86 DEGREES 10 N1INUTL•'S IS SECONDS EAST A DISTANCL OF 137.11 FEET TO:A SLT V, INCH IRON PIN WITH A YELLOW CAP STAMPED I [&'.N 1349. AT TI IE BLGINNING OF A CURVL•' TO THE RIGHT; THENCE WITH SAID RIGHT-OF-WAY, AROUND SAID CURVE TO TI lE RIGI IT. I IAviNG A CENTRAL ANG1.L OF 00 DEGREES 46 MINUTES 23 SECONDS. A RADIUS OF IS59.24 FELT. AN ARC LENGI1101. 25.13 FEET, AND A CHORD WHICH BEARS SOUTH 26 DLGRLUS 06 MINUTES 40 SL'CONDS LAST. A DISTANCE OF 25.13 FEET. TO A SET IR INCH IRON PIN WITI I A YELLOW PLASI'IC CAP STA.mra) H&N 1849 AT THE BEGINNING OF A CURVE TO THE LEFT; TIIENCL AROUND SAID CURVE 1'0 THE LEFT, IIAVING A CENTRAL ANGEL OF I I DEGREES :3 MINUTES 54 SECONDS, A RADIUS OF 460.00 FEET. AN ARC LENGTI I OF 91.73 FEET. AND A CHORD WHICH BEARS SOUTIf 85 DEGREES 16 MINUTES 06 SECONDS WEST. A DISTANCE OF 91.6: FELT. TO A SET U2 INCH IRON Pitt WITH A YLLLOW PLASTIC GIP S'CAMI'ED I1EN IS49; TI IENCE NORTH 39 DEGREES 00 MINUTES 57 SECONDS WEST. A DISTANCE OF 197.81 FLLI' TU TI Ili POINT OF BEGINNING AND CONTAINING 1N ALL 0.203 ACRL OF LAND. GARY YI. I T 1 ' EXHIBIT. B MAYHILL ROAD I s n 7 0 T a 'i v n d 9 iI n 7 d N .O n 7' O u r o. :T .-woo •+ou--..rw aT-u•• va •o u o .r ca.w :n . , a Pwm~. OP V ; / I y n V z 5(n 0m z z o Z zol r :GSr= r` • Z i ms o i :V C ~O +V I I I / r 85' BUILGING LINE, CABINET I, PAGE 182 A r m r0 pb r' ~mi m SAD X07 1 N. W :2 z p oo n-+ .-v A 0-0> p~ 7- 7- ~ - > D ~ 00 .A N n r -+Z N o 9 L Tt Z I jp* rn Q ~ ( N r - / Z w I N ~ ono C7 0 r \ ' z d y o~. o~ Z ~ Od / F F O ~ Q~ fJ~~.~GtSrfi'. S' co .,~iYVJ.HMX'.1ETTU1 1j A rn'SUUVF 0> ~ rn rn> cf) I- 0 m D m K m z .00 V o u>L V T m & HASH, INC. HAMMETT ENGINEERS & SURVEYORS lll~ HICKORY, DENTON, TEXAS 76201 fax 940-565-0436 horn incshmo;rmo;l,nct q940-387-0506 223 W DWN. SpA CKD. SCALE 1 " -50' DATE 0 )/03/01 J08 N0. 31717_1 mm rno z -f K0 z -n 0-4 b O b (n Q O '1 ' EXHIBIT C 31717 11 r-812000 81.0111: FASENIENT9IIAI.I.FORD ALL TI IAT CERTAIN TRACTOR PARCEL OF LAND LYING. AND BEING SITUATED IN T IL D. LAMBERT SURVEY, ABSTRACT NUMBER 784, CITY OF DENTON,.DENTON COUNTY, TEXAS, ULING PART OF LOT 1. BLOCK A. LOMBARD ADDITION, AN ADDITION TO TI lE CITY OF DENTON. AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET I. PAGE 182, PLAT RECORDS. DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A Vi INCH IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT I ON TI IE EAST RIGHT-OF-WAY LINE OF MAYHILL ROAD (A 120 FOOT RIGHT-OF•WAY), SAID PIN ALSO BEING THE NORTHWEST CORNER OF ATRACT DESCRIBED IN A DEED TO ROY HALLFORD. RECORDED UNDER COUNTY CLERK'S FILL NUMBER 93-R0073462. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST. WITH THE WEST LINE OE: SAID LOT I AND THE EAST LINE OF SAID RIGHT-OF-WAY, A DISTANCE OF 507.89 FELT TO A SETIl2 INCII 11(0` PIN WITH A YELLOW PLASTIC CAP STAMPED HS:N 1349, AT TI IE POINT-OF•BEGINNING OF Ti IL tIERE1N DESCRIBED TRACT, SAID POINT OF BEGINNING BEING SOUTH 45 DEGREES 49 MINUTES 29 SECONDS WEST 997.29 FEET FROM A RAILROD SPIKE FOUND IN TI IL: MIDDLE OF MAYIIILL ROAD AT TI IE SOUTHEAST CORNER OF THE D. HOUGH SUREY ABSTRACT 696, %Vl IICI I IS Ti lE NORTHEAST CORNL:R of THE D LANIBERT SURVEY ABSTRACT 734, ON TI IL: WEST LINE 01: 1•IIL: GIDEON WALKER SURVEY ABSTRACT 1330; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST WITII THE WEST LINE OF SAID LOT 1. A DISTANCE OF 5.89 FEET, TO A SETi/2 INCH IRON PIN WITI I A YELLOW PLASTIC CAP STANII'L•'D H &N 1349; THENCE SOUTH 89 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE: OF 197.73 FEET. TO A SET 112 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED H&N 1349 AT Ti Ili BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID RIGHT-OF-WAY, AROUND SAID CURVE TO THE. LEFT. I (AVING A CENTRAL ANGLE OF 13 DEGREES 32 MINUTES 27 SECONDS. A RADIUS OF 540.00 FEET. AN ARC LENGTII OF 127.62 FEET. AND A CHORD WHICH DEARS NORTII 34 DEGREES 12 MINUTES 49 SECONDS LAST. A DISTANCE OF 127.32 FEET, TO A SET 1.2 INCtl IRON PIN WITI I A YELLOW PLASTIC CAP STAM'LU tISN I S49 AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE AROUND SAID CURVE TO TI IE RIGI IT, HAVING A CENTRAL ANGLE OF 00 DEGREES 30 MINUTES 51 SECONDS, A RADIUS OF 1359.'_4 FEET, AN ARC LENGTI I OF 16.63 FELT. AND A CI10RD WHICH BEARS SOUTH 22 DEGREES 56M INUTES 14 SECONDS EAST, A DISTANCE OF 16.65 FEET. TO A SET U2 INCH IRON PIN 1VITII A YELLOW PLASTIC CAP STAMPED IISN 1349; TI IL''NCE SOUTH 76 DEGREES 44 MINUTES 43 SECONDS WEST A DISTANCL: 01: 109.52 FELT TO A 1'2 INCI I IRON PIN SET WITH YELLOW CAP STAMPED I I&N 1349. TI IENCE NORTI1 83 DEGREES 36 MINUTES 21 SECONDS WEST A DISTANCE OF225.77 FE1:'f'1'O TIIL• POINT OF BEGINNING AND CONTAINING IN ALI.0.134 ACKL OF LAND. •~~1iii~i~.~ EEXHIBIT _D MAYHILL ROAD zo r z71 ZT 1 ~ C) z M 0 17 Z 85' BUILCINC LINE. CAB1NrET 1. PACE 182 r I ' N r mm 0 ~ 7 ~ ooF -o o N W p x~ovD ~ .3L o D m ° = m ~ o 71 Z r~N= ~iz ~ I N M rll,,Z -N~- z Z > 9 ! S Pao m y o r+a~ m . z m 0 03 z 03 ~ M z ziI rrl ° u ~r u CD n ' I • r ' 1 ' u . , ono JJ ~~w n 0m 1 od T~ . o~ t 1j. i Gl,,. y• n z ' - ~D~ t~/ b Z VV V HAMMETT & NASH, INC. ENGINEERS & SURVEYORS 223 W. HICKORY, DENTON, TEXAS 76201 940-387-0506 (OK 940-565-0436 hamInQ3hmairrr.v!.nct IN. SpA CKO. SCALE 1 " =50' DATE 01/03/01 JOS N0. 31 71 i \`~ -' X272 QI?_45 STREET RIGHT-OF-WAY DEED ~as~'bl-N STATE OF TEXAS § ~iZti~~°~ § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Ray Hallford, hereinafter called "Grantor," for and in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF. DENTON, TEXAS, a home rule municipal corporation, hereinafter called "Grantee," the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, BARGAIN, SELL and CONVEY unto the Grantee all of that certain tract or parcel of land containing approximately 0.565 acres of land and being situated in the D. Lambert Survey, Abstract Number 784, City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and illustrated in Exhibit "B", which are attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called the "Property." It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right-of-way,. drainage improvements, utilities and other related improvements. This provision shall not be construed as any restraint on the right of Grantee to convey fee simple title to the Property. Grantor hereby waives any -and all right for compensation for the property interests conveyed to Grantee hereunder, including without limitation, the right or-claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. Notwithstanding the area and shape of the Property, this Deed shall be. construed as conveying all rights and appurtenances incident~to any ordinary conveyance of land. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever. Grantor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. ~. SIGNED this ~2~ day of 2002• Ray allford _. 1 `i272 Q'I°246 ACKNOWLEDGMENT STATE OF Texas (~ ~ § COUNTY OF~~.~llC9~ § ~-Iti Thi~nntrument was acknowledged before me this ate, day of iJ~MrL 2002, by Ray Hallford. °'~~"~°'s-_ N to y Public tate of Texas _ LYNN NI44A ^:.~*~= Nxary R~6fic, Sterol Tezas Pr1 t Name: rE~,,,e= ~.ycom.~ss~cnE~;restaatca My commission expires ~O ~ AFTER RECORDING RETURN TO: CITY OF DENTON ENGINEERING DEPARTMENT 601 E. HICKORY SUITE ,B DENTON, TX 76201 ATTN: PAUL WILLZAMSON 2 .... EXHIBIT A MAYHILL ROAD 2 • r O~ r ~~ C a Z Z '0 O Z I I _ 85 r BUILCING LINE. CABINET r10 D' ©rr ~~O ~r - ~~m I m°~ O y rn a ms> ~ ~ NZ ~ y T NW 1!~ _Am Z ~' ~ ~ Z ' ~N N~ W ~' m ~~~ "' Z I r. c p no D' ~~r O ZQy ~; =~r ~~~ boo ~,o> NZ ~N Z ~N Om z "i i, ? 4 n -I W W R ........ ... ' ........... R z ~ r I=_ /.rT; . ..,, "x,}40 ;:~~'-'% n ••'Cl• (1 G~~ N O „~c~`` U~~I Via; O~ z~~. ~ y ~. ~ Z ~ ~' d ,, HAMMETT & NASH, INC. ENGINEERS & SURVEYORS -223 W. HICKORY, DENTON, TEXAS 76207 ~_ 9+0-J87-0506 Ia. 9+0-565-O+J6 I+aminasAOo:m~ll.net owN: ,gpq CKD. SCALE ~ ". ¢Q' DATE >z/~ ~~QQ JOB N0. 3 J 717 z --rr_ J Z .~°,_ -a -vrir t` •..,~ r'' i` n r ~. I_°XHIBIT B ~~ 2 7 2 71717 Ilasrzooo TRACT 3D IIALLFORD ALL T{IAT CERTAIN TRACTOR PARCEL OF LAND LYING AND DEING SITUATED IN TI IE U. LAM6ERT SURVEY, ADSTRACT NUM6ER 734, CITY Of DEN7ON, DEMON COUNTY, l'EXAS, UEING PART OF LOT I, DLOCK A LOhIDARD ADDITION, AN ADDITION TO THE CITY OF DENTON. AS SHOWN DY TIIE PLAT THEREOF RECORDED IN CADfNET I, Ib\GE IS'_, PLAT RECORDS, DENTON COUNTY. TEXAS, AND OC•ING hIORE PARTICULARLY DESCRIDED AS FOLLOWS: COMhIENCNG AT A'h INCFI IRON PIY FOUND AT THL' SOUTI I WEST CORNER OP SAID LO'C I OS TI IE. EAST RIGHT•OF-WAl' LINE OF h1AYHILL ROAD (A I'_0 FOOT RIGHT-OF-WAY). SAID PIN r\LSO 6EING THE NORTH\VC•ST CORNER OF A TRACT DESCRIDED I?7 A DEED TO ROY I I,\LLFORD. RECORDED UNDER COUNTY CLERK'S FILE NUh1DER 93•R0073JG'_. REAL PROPL"IiTY RECORDS. DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS E.\ST, 1VITII THE \VEST LINE OF SAID LOT I AND THE EAST LINE OF SAID RIGHT•OFWAY, A DISTANCE OF 4'_7.39 FEET TO A SETI ^_ INCA IRON PIN N'ITFI A YELLOW PLASTIC C.\P SL\~IPED HSN ISJ9, AT THE POI\LOFDEGI\NI\G OF TI IE I IEREIN DESCRIDED TR.\CT. SAID POINT Of DEGINNING DEING SOUTH JG DEGREES Oi h11~I:7E5 52 SECONDS WEST 991.1? FEET FROM A RAILROD SPIKE FOUND IN TIIE MIDDLE OF AI:\1'I IILL RO:\D AT THE SOUTHEAST CORNER OF THE D. HOUGH SURfT ADSTRACT 69G, R'FIICII IS TI IL' NORTHEAST CORNER OF l'lIL' D L,\~I UGRI' SURV EY AUSTKAC'f 73J, ON 7'I IE \~'ES'I' LI\I: OI~ TIIL' GIDEON WALKER SURVEY ADSTRACT 1330; THENCE NORTI 100 DEGREES SS hIINUTES 40 SECONDS G\ST ll'ITI I THL' \VEST LINIS OI' SAIU LOT I AND TIIE EAST LINE OF SAID RIGHLOFWAY, A-0ISTANCE OF 50.00 FEL"T, T'O A SCl'I~] IXCII IItJ~ PIN \VITH A YELLOW PLASTIC CAP STAMPED IISN 18J9; THENCE SOUTH 39 DEGREES 00 hI1NUTES 57 SECONDS L\ST, A UIST,\NCL' OP 197.81 FEET. TO:\ SET I^ INCH IRON PIN \VITH r\ YELLO\\' PLASTIC CAP Sl'AMI'ED IISN ISJ9 AT TIIL' UL'GINNING O'r A CURVE TO TH[LEFT; THENCE AROUND SAID CURVE TO THE LEFC HAVING A CENTRr\L ANGL[i Of I I DL'GREES'_? hI1NUTES SJ SECONDS, A RADIUS OF 460.00 FEET, AN ARC LENGTH OF 91.73 I°CE'f. ANb ,\ CHORD WHICH DEARS NORTH S? DEGREES 16 MINUTES 06 SECONDS EAST, A UISI'ANCE OF 71.G3 FEET. TU A SET IP_ INCH IRON PIN R'ITH A YELLO\\' PLASTIC CAP STA>II'ED fI,EN ISJ9 UN 1'I IE NEST R:GI!1'- OFR'AY LINE OF TFIE OLD hLK. S T. RAILROAD RlGlff•oF•R'AY, A7 THE UL'GINNING OF A CURVE TO TIIE RIGHT; TIIENL'G WITH SAID RIGHT-OF-\V.U', AROUND SAID CURVE TO THE 21GIIT. HAVING A CENT:L~\L ANGLE OF 02 DEGREES 31 h11NU'fE5 4G $HCONUS, A RADIUS OF IS?9.3J FEET, A\ ARC LIiNGTIi OF 8'.OS FEET, AND A CHORD 0.'HICH OLARS SOUTH :J DEGREES 27 \IINUTL'S 33 S[CONUS G\ST. A DISTANCE OF 8?.US FEET, TO A SET I _-INCH IRON PIN 1VIT1I A YELLO\\' PLASTIC CAI' STA>IPEU HfiN ISJ9 AT THE OEGINNING OP A CURVE TO TIIE RIGHT, TIIEKCL' AROUND 5:\ID CURVE TO l'lIL' RIGHT, IIA VINE A CITI'IU\L,\NGLIi OF li DliG li li L'S i3 MINUTES 27 SECUNUS. A RADIUS OF 540.OU I'EEl'. AN ARC LENGTH OF I_'7,G'_ P11 E'f..\NU r\ Cliv{U \VHICII DEARS SOUTH SJ DEGREES I] MINUI'CS 49 SECONDS \cE11'.A UIS'fANCE OF 137.3] PcEf. TO A SET I'_' INCA IRON PIN WITI I .\ 5'ELLO\\' PL.\STIC CAP ST,\MMiD I ISN IS-I7; TI IENCE NORTH S9 DEGREES 00 NIINUTIiS 57 S[CON Vf:ST, A UIST:\NCE OF 177.7: FL'E'E li' ~ HE POINT OF UEGINNING AND CON'CAININGIN A}1; SI. 'FC „t LASU. (ii:i'ii Vi. 11:7.:: :I;'i- 01248 (i pi~llrl'~tl HF In Vrv if FE:,b f~la aV1E, PIIRM-fldl15E r~ry I. R:<tl1~K1 bpFhi I hl' Fi?I F59~I t13(f l"g 1Nap9puly a@FI, 5(f~5iSks k!18 hIb `~4n'N: rn ~SinrE oe r=rns vC( +'v oPUeyrpn it@~{v IaN pv?mnaytMwlAi uaa 114 ir. @I Rl rl!r~.xreFe+?F xe11 ~aA~l}I -rorAn e5„FA2 ggprb ma 9sx>Qr'Y RECGF,~ ,MI LL.: Obq.a au~4d I niV.,fl. F(~4rpj fl,y,Ahp GI V."/P~ llpylPV, 7gn1 Pe (~~ 1. ~ ~G(l~ ~,, ~,' r ~~ f G:Ic~Q t;'~,, couNrvc~mk ~~l~y~~' UENTpN CUUNYV, IF W.9 +yr DENT~N CL~~INTYco~IX in: CYNTHIA MITCH~LL, COUNTY CLERK On Feb 13 2003 At 11:29am Receipt q: 9314 Recording: 11.00 Doc/Mgat 6.00 Doc/Nua 2003-R0022830 Doc/T pe DED Deputy -ERIN ~~'~. THE STATE OF TEXAS, § § COUNTY OF DENTON § :~ 272 0'1250 SLOPE EASEMENT ~a-sy~bl-t-f ~~~~~~ KNOW ALL MEN BY THESE PRESENTS: THAT Ray Hallford, hereinafter called "Grantor", of Denton County, Texas, in consideration o£ the sum of Ten Dollars and No Cents ($l0,00~ and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, does by these presents grant, bargain, sell and convey unto the City of Denton, Texas, the free and uninterrupted use, liberty and privilege o£ the passage in, along, upon and across the Following described property, owned by Grantor, and situated in the D. Lambert Survey, Abstract Number .784, ' City of Denton,, Denton County, Texas, further described in Exhibit "A", illustrated in Exhibit "B" and Exhibit "C", illustrated in Exhibit "D", attached hereto and made a part hereof. And it is further agreed that the- City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings, and other obstructions as may now be Found upon said property. For the purpose of constructing,. reconstructing, installing, repairing, and perpetually maintaining slope in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen and representatives having ingress, egress, and regress in, along, upon and across said premises 1 5272 O~125'I for the purpose of making additions to, improvements on and repairs to said slope facilities or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand, this the o`l~ day of ,2002• ~ r Ray Hallford ACKNOWLEDGEMENT THE STATE OF exas § COUNTY OF§ This instrument was acknowledged before me on this the ~°1~ d3yof 2002 by Ray Hallford. ~.~,~°a~ess :~ ~' lYM1P7 NIN4A -mS,~.in? Nohry R,~bfic, SG+p of Texas Nota~. Public State of ~~° ;: i1;,. d AA' Commission Epires 1J-a1~04 ~ My Commission Expires: Accepted this the 8 day of ~,c~,~- 2002 for the City of Denton Texas (Resolution No. 91-073). BY _2 Real Estate & Capital Support Manager :52'72 0.1252 AFTER RECORDING RETURN TO: CITY OF DENTON ENGINEERING DEPARTMENT 601 E. HICKORY SUITE B DENTON, TX 76201 ATTN: PAUL WILLIAMSON 3 EXHIBIT A ~ ~' ~ O ;~. ~ ~ ` 71717 I IRB•:000 REV 01.'OJ2001 SLOPE EASEh1ENT 3 HALLFORD ALL THAT CERT.\IN TRACT OR PARCEL OF LAND LYING AND UEING SITUATED IN THE D. LAhiDERT SURVEY, A63TRACT NUh10ER 78a, CITY OF DENTON, DENTON COUNTY, TEXAS. DEING PART OF LOT I, DLOCK A. LOhIDARD ADDITION, A`1 ADDITION 701'IIE CITY OF DENTON. AS Sl10WN DY THE PLAT TFIEREOF RECORDED IN CADINGT I, PAGE 112, PLAT RC•CORDS. DENTON COUNTY, TEXAS, AND DEING pIORE PARTICULARLY DESCRIUED AS FOLLOWS: COMMENCING AT A % INCH IRON PIN FOUND AT TFIE SOUTHWEST CORNER OF SAID LOTION THE EAST RIGHT-OF•WAY LINE OF hl,\YHILL ROAD (A 170 FOOT RIGFIT-Of•W'AY), SAID PIN ALSO 6EING TIIE NORTIl1VE57 CORNER OF A TRACT DESCRIDED IN A DEED TO ROY tIALLFORD, RECORDED UNDGR COUNTY CLERK'S FIL[ NUhIDER 93•R0073JG7, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS; TIIENCE NORTH 00 DEGREES 55 MINUTES 40 SECONDS EAST, WITI I TIIE REST LINE OF S,\ID LOl' I AND TIIE EAST LINE OF SAID RIGHT-OF-WAY, A UISTANCE OF 507.39 FEET TO A SETIR INCII IKON PIN WITH A YELLOW PLASTIC CAP STA>IPEU HSN ISJQ AT THE POINT-OF-UEGINNING OF THE HEREIN DESCRIDED TRACT, SAID POINT OF 6EGINNING DING SOUTH d9 DEGREES i 1 hIINUTE31! SECONDS WEST 933.10 FEET FROhI A Re\ILHOD SPIEL' FOUND IN TIIE h1(DDLE OF hl:\YFIILL ROAD AT TI IL SOUTHE.\ST CORNER OF THE D. HOUGH SUIiEY AUSTRACT 69G. K'tI1CH IS THE NORTHEAST CORNER OF TIIE D LAhIDL'ItT SURVEY ADSTKACf 737. ON THE \\'L'ST LINE OF TI IE GIDEON WALKER SURVEY A63TRACT I3J0; TI IENCE NORTH 00 DEGREES 35 MINUT83 JO SL'CONDS EAST K'ITI I TI IE 1VES'F LINE OF S:\ID L.O f I. A UISTANCE' OF 70.17 FEL'T,TO A SETIC INCII IRON 1'IN \4'11'1 l A 1'ELLOtV PLASTIC CAP S'fA>II'EU HSN ISJ9; TIIENCE NORTII 83 UEGItL'ES 37 hIINUTES I3 SECONDS EAST, A DISTANCE OF IJ L78 PL'El', TO A SET I'2 INCII IRON PlN WITH A YELLOtt' PLASTIC CAI' S'fAMI'L'D i ISN ISJ9; THENCE SOUTH SG DEGREES 10 h11NUT'ES IS SECONDS EAST A DISTANCE' OF 117.1 I FEET TO:\ SET :i INCH IRON PIN \4'ITH A YELLOW CAP STAMPED I ISN ISJ9. AT TI IE BL'GINNING OF A CURVE TO THE RIGHT; TIIENCE R'ITII S:\ID RIGI IT•OF-R',\5', AROUND S\ID CURVE TO THE RIGIIT, IL\\'ING A CENI'R:CL ANGLE OF 00 DEGREES J6 MINUTES'_8 SECONU3, A RADIUS OF iS59.'_~ FEEL AN ARC LENGIII OP 25.17 FEET, AND A CIIORD W'1IICH UE.\RS SOUTtI 7G DL'GItEE.l' OG h11NUTES do SECONDS L\Sl', .\ DISTANCE OF 25.13 FEET, TO A SGT IR INCH IRON I'IN lt'ITI I A 1'ELLON' PLASTIC CAI' STA?IPEU HSN 1319 AT THE BEGINNING OF A CURVE TO TIIE LEFT: TIIENCE AROUND SAID CURVE l'O THE L[FT, IIAV ING A CEN'TR,\I. ANGLE OI' I I DEGREES 73 h11NUTES 5~ SECONDS, A RADIUS OF 160.00 FEET. AN ARC LENGTH OF 91.73 FELT. AND A CI WItD \4111CH DEARS SOUTII BS DEGREES 16 MINUTES OG SDCONDS tt'GST, A UISTANCE Of 91.G3 FEET.TO A SET IC INCH IRON PIN K'ITti A YELLOtt' PLr\STIC CAP S'fANtPEU I IRN 15-19; TIIENCE NORTI 139 DEGREES 00 h11NUTES 57 SECONUS WEST, A Ditil',\NCE OF 197.31 PEIE'1"fV'f!I!i POINI'OF DEGINNING AND CONTAINING IS,\LL O.'_03 ,\CItE OF LAND. ~P. ~.`c .'.:.... i~• GAfT! Vc~liA:.:' .Ef f ' EXHIBIT B MAYHILL ROAD m0 _ ~Z z~ O N ~ Z~ Z 0~ Z Z' A N O I O I 0 0 ~ 6 } S ~^ A7 w :na £n~r~Ra ~ ,~~..Ms,...~ r VO~NVn V-PJ _° ~ ~° ' CG: r .:., : - Z T'l - a =ririri r _ ~1 =o 85' BV0.CiNG UNE. Cn9wET t, PnCE t82 D r Dr m0 Q ~ ~ I RI O ~ Z m ~^. °n 31 A ~~N9~ ~ V O v z DO _ c,-. 0 " °vn ~ 9 Tn 79 ~~ no nJci r~'i° O a ~N A~ '~mz N °_y9G ~ 2 °"< Ay m Z~l ~ y ~ r I / Z J N o~ oy ~~ y~v,, . n a \ o z ', r •~Y OFT ~ e < ~ ,~~t GiSTEi S.. ~ ~y .``~, ~ o~.•~ _ oco r,.,iY Yl. HAL1`.1ETT //Uj t .n. ~9...' n4~ ~T'.n~ UU z~~ C..]O • 1 ~i'.Q O?•0 A . \ • ~ .~~.t.E57...~y / z ~ .A SUH`~ n>O -~~ l~ r m m m Z 254 ~o eZ ,, HAMMETT & NASH, INC. - I ENGINEERS & SURVEYORS 223 W. HICKORY, DENTON, TEXAS 76201 9~0-387-D506 ta+ H~0-666-O~Sfi. t+aminesnOa:.ma~t.nel OWN. SPA CKD. SCALE 1".50' DATE 01~03~01 JOB N0. 31717 EXHIBIT C 5 ri 31717 ur_Srzooo NLt)I'P. IiAtil?MIEN'F 4 1 L\LLFUItI) ALL TI IAT CERTAIN TRACTOR Po\RCEL OF LAND LYING AND USING SFFUAT'L'U IN l'iIL' U. LAMUERT SURVEY, ADSTRACT NUMDER 78J, CITY OP DENTON,.DGNTON COUNTY, l'GXAS, UL'ING PART OF LOT I, DLOCK A, LOMDARD ADDITION. AN ADDITION TO TI IE CITY OF DENTON. AS SHOWN BY TFIE PLAT TFIEREOF RECORDED IN CADINET I, PAGE IS?, PLAT RECORDS. UENTON COUNTY, TEXAS, AND 6EING MORE PARTICULARLY DESCRIDED AS FOLLOIVS: COMMENCING AT A %, INCH IRON PIN FOUND AT THG SOUTf11VEST CORNER OF SAID LOT 1 ON TIIE EAST RIGFIT•OE•WAY LING Of M1IAYFIILL ROAD (A 120 FOOT RIGfI'f•OI'•W'AY), SAID 1'IN ALSO DEING THE NORTH WEST CORNER OF A TRACT DESCRIDED IN A DEED TO ROY FIALLFORD. RECORDED INDER COUNIY CLERK'S FILE NUMDER 93-R0073JG'_. REAL I'I1OPL'R'FY 1<GCOI:US. DENTON COUNTY. TEXAS; - THENCE NORTH 00 DEGRGES 55 p11NUTGS JO SECONDS EAST. 0."Il'fl TFIG WEST LIME OI' SAID LOT I AND TIIE EAST LINE OP SAID RIGHT•OF-1VAl•, A DISTANCE OF 507.69 FL•'ET TO A SGTI;? INCA IRON PIN WITH A YELLOW PLASTIC CAP STAMPED HSN 1319, AT TIIE I'OINT'•OF-UEGINNING OF'FIIE HEREIN DESCRIDED TRACT, SAID POINT OF 6EGINNING USING SOUTH JS DEGREES J9 h11NliT'I!S ?9 SECONDS t\'EST 997.29 FEET FROM A RAILROD SPIKE FOUND IN TIIL' AiIDULE OF M.\l'I IILL KO.\U AT TI IE SOUTf 1EA5T CORNER OF TFIE D. HOUGH SUKEY AUSTItACT G9G, \t'1IICI I IS TI IE NORTHL\ST CORNER OF THG O LAAIDERT SURVEY AUSI"K.\CT 73J, ON TIIE 0.'G5T UNG OP l'I IE GIDEON WALKER SURVEY ADSTRACT 1330; THENCE NORTH 00 DEGREES 35 MINUTES JO SECONDS [.AST \\'1711 THG 1VGST LINE OF S:\IU LOT I. A DISTANCE OF 3.89 EGET,TO A SETIR INCA IRON I'IN \VITI I A YELLOW 1'LASI'IC CAP STAMPED HtN ISJ9; THENCE SOUTH 39 DEGREES 00 M1IINUTGS 57 $C:CONDS EAST, A DISTr\NCL' OF I97.7i FEET. TO A SET I41NCH IRON PIN WITH A YELLO\t' PLASTIC CAP STAM1IPED HSN ISJ9 AT TIIL' DELINNING Of :\ CURVE TO THE LEFT; THENCE \t'ITI I SAID RIGIIT•OF•\\'AY, AROUND SAID CURVE TO TFIE: LEFT. I I.\VING .\ CL"NTK:\I. ANGLE OF IS DEGREES 7? MINUTES ?7 SECONDS. A RADIUS OF SJ0.00 FEET, AN ARC LENGTI I OF I?7.63 FEET. AND A CHORD \VIIICI I DG\RS NORTH SJ DEGREES I? MI\UTES J9 SECONDS E:\ST.:\ DISTANCE OF I?7.i'_ FEET, TO A SET I ^ INCf I IILON PIN WH'll .\ 1'ELLON' i'LAS'FIC C.\i' Sl'.\>I!'EU HSN ISJ9 AT THE 6EGINNING OF A CURVE TO THE RIGf1T: THENCE AROUND SAID CURVE TO TI IG RIGHT. HAVING A CGSTR:\L ANGLG OF 00 UL'GREES iJ MINUTES 51 SECONDS, A RADIUS OP 1359.'_) FEET, AN ARC LENGTI I OF 16.63 FELT, AND :\ CI IOI:D \VI{ICFI DE.\RS SOUTH 2? DEGRGES 56 Nf INUTES H SECONDS L'.\ST. A DISTANCE" OP IG.GS PEE'I~, Tl:r A SGT L2 INCI I IRON PIN W'ITII A YELLO\V' PLASTIC CAP STAMPED IISN ISJ9: THENCE SOUTH iG OGGREES JJ \IINUTGS JJ SECONDS \VEST A DISI)\NCE Oi 109.5'_ PEGI' TO :\ I'3 INCI I IRON PIN SET \l'ffll YELLOW Cr\P Sl1\~II'ED IIRN ISJ9; . TIIL'NCE NORTH 83 DEGREES 3G MINUTES 21 SGCOND5 \VIEST .\ DIST.\NCE OP ^_?5.77 FECT'I'U l'HE POINT OF DEGINNING ANU CONI"AI NINE IN ALL O.I iJ ACRE OP LAND. • ~:r~ ..~ .......'. f ~'~ ~•O.l / ~ ~ Q~1255 ~~ , . ~ „ t ., EXHIBIT D 1 ~~ MAYHILL ROAD Zo ~ Z~ ZT ~ ~ ~ 2 w a ~ r 'a :rFU~.'.~t'~ ---^° 4 ~iiN_ -Z .~ ~__~ ~ ~ o r Z Z ~2i 85' Bu4GING UNE. CaBivET I, PaGE 182 r I N . Q > ~ 'y 9~ O ~ N m r ~ mo 9 9 9 O O 9z~ m 0 ORl R1 oop-~o oNG ~+1 ~ lC 09D -~~L ~ n ~ ,- D c~mo am.C ~ v ^ `l~ ~ ~...I O ~OJZ I N ~m z, Z . ~ C1 1 1 4 `, ', ono .. n ~ m J0~1~~ v y~ 9r I zi ~V ~i m m m m Z 56 \t G~, ,Z.I. , ', ano cl • ~ '•" ~' ~ ~: a ,;.~ ~ ONn Z _, ~' nav ' ... -~CD'tA ///,//"~/A/y/ //A/ / n y V V ' 'J ~1~/ ~Z ,~ ~ HAMMETT & NASH, INC. ~-~. ENGINEERS & SURVEYORS 223 W. HICKORY, DENTON, TEXAS 76201 C- 940-38)-0506 fo. 940-565-036 Mamtnas~maercal.net DWN. ,SPA CKD. SCALE ~ " . $D' DATE 01 ~03~01 JOB NO. 3 ~ 7 ~ 7 ;3r :~~-. -, X272 0.=125 r ~]Y pflCVl:'CN HFRFIy IVH:C.fl FE.igICTL PQ {IA4,C~ RPktN. de3 ~'$~ T%I% p:: Wdi'lyq) tidAS~ rtltin(:c! C'GCnNCE GY 1;04011 GII IIY~r,19 rfauo nab 4n4ENFU~IGNGIb GNN€IN FEp€P,ZL IJ,W, fff TAfC CF T[,~/1 1'+~CG U HIt)N' Inq yikmer ~.ir, mil miwa•ntFp in, am R4 IAImM~rul4grq tq Ine caq aTd u r me eGSwcA n.'a.~ iy n,:: wrv was y+lv n§4!94yCG. 4, Y. Om Is iWGI i Mwicl:t; ci rik; ~','e¢: Y. et Prrm i;oxnM, TWa1 ca ~~~,p~ COUNTY CLHRN ~~ UENTON WUNYV, TEKG9 ~ / rt +i' Filed for Record in: DENTON COUNTY TX CYNTHIR MITCH~LL, COUNTY CLERK ^n Feb 13 2003 Rt 11:29am Receipt k: 9314 Recording: 17.00 Doc/Meat 6.00 Doc/Nua 2003-RO022831 Doc/T pe ERS Deputy -ERIN