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2000-392
ORDINANCE NO ~- ~O~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION STYLED CITY OF DENTON v SHADY SHORES 1-35 JOINT VENTURE, CAUSE NO ED-00-00482, CURRENTLY PEND1NG IN THE PROBATE COURT OF DENTON COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS NECESSARY TO EFFECT SUCH SETTLEMENT, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the settlement of litigation styled Ctty of Denton v Shady Shores 1-35 Jmnt Venture, cause no ED-00-00482, currently pending in the Probate Court of Denton County, Texas, is hereby approved, and the City Manager is hereby authorized to execute such documentation deemed by the City Manager and the City Attorney to be necessary to the settlement of smd htlgation, substantially in the same form as the attached exhibit SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /~/1~ day of Od~['YgF ,2000 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY I- APPROVED AS TO LEGAL FORM 10-13-2000 02 32PM FROM CLEMENTS & ALLEN, P C TO 1940~82792~ P 04 SETTLEMENT AGREEMENT AND JOINT AND MUTUAL RELEASE The pz~es to this Settlement Agreement and $omt and Mutual Release ("Agreement") are (i) John Dowd~ll ond Shady Shor~ I-3~ Joint Venture (collectively "Dowdall"), on the one h~nd, and 00 the City of Denton, Texas ("~"), and (m) Marc Fooflik ("Footlik"), on the oth~.'r, on thc date set forth heretnbelow WI-II~AS, Dowdall instltutedthat certain ht~gation styledJohn Dowdall and Shady Shores 1-35 Joznt Venture v Marc Foothk, Cause No CC-99-09650-F, presently pendin~ m the 116~h Juchclnl Dlsmct Court of Dallas County, Texas ("L~ueauon") vzscmug certes, clmms ag~l.a Footl~k; and ~S, the City, instituted thai certain litigation styled The Ct~y ofD~nton v John Dowdall and Shady-Shorzs 1-35 Joint V~nture. Cause No. ED-99-00482. presently Fending m the Probate Court of Dentan County, Texas (the "Denton County Suit'9. and WHEREAS. Footlik answered both the L~ttgaflon and Denton County Stat m~ demed any and all allegations continues to deny all allegations thereto, and WHEREA~, Dowda[1 and Foothk thereafter went to mediat~on and agreed to mid did resolv© their chfferenoes at mecbat~on and ente~d mm that certain Mediated Settle~nent Agr0ement d~_~i September 21,2000, wtnch Mechated Sattiement Agreement contemplated the prcpar aUon ofmore detailed s~ttlcmc, nt documants conmsti.~ of this AiFeement and attachments hereto, and WHEREAS. the pozues hereto ~ushmg to avoid the expanse and risk of further htsgat~on, for and i~ consideration of the mutual pronuses, and other good and valuable conmdemtion expressed hereto, tim recv~pt ~ sufficxency of which is hereby acknowledged, have decided to resolve all of their d,Werences upon the terms stated heroin. 10-15-2000 02 ~2PM FROM CLEMENTS & ALLEN, P C TO 1940382?923 P 05 NOW TI-IERF~ORE, the pames hereto agree as follows 1 Psvment to Dowdnll, Dowdall shall receive the sum of $90,000 00 Such sum will be comprlsed of approximately $14,000 00 currently held m the regish'y of the D~nton County Probate CourtinconlunctionwiththeDentonCounty Stat. The remaining approxtm~ly $76,000.00 shall be paid by Foothkto DowdAil ~muitancously with the final exccunon ofth~s Agreclllent by both parties hereto, which sh~ll occur no later th~n October 20, 2000 2 F~d~ Held in the Court's Re_~istrv The City and Dowdall hereby represent that they vail ddigently pursue and fully cooperate in obta/ning any and ali necessary Orders and/or Sudgmcots from the Demon County Probate Court which may be reqMred to fully cffectoate the release of/hnd$ ourma~y held tn the Court's registry, 3 Dismissal of Litigation Claims The part~es hereto agree to sign and deliver that certain Agreed Order of Dlsm~s~l of the ola~m~ prewously asserted m the Lmgation by Dowdall again.st Footlik. A true and correct copy ofthe form Agreed Order of Dlsrmssel to be used in this regard is at'mghed hereto and incorporated herein as Exhibit "A". The pertaes further agree to s~gn and dehver that certmn Agreed Fm~l Sudgment in the Denton County Suit, a true and correct copy of which m attached hereto and incorporated herein as Exhibit °'B', Th~ pamcs hereto agree to instruct their respective attorneys-of~record m the LmgaUon and the Denton County Sutt tn prcsem the Agreed Order of l~srmssal and Agreed Sudgment to the proper Court for e~my wi~h_~ a reasonable tune after the/~._n_~! execution of tins Agreement by all parties hereto 4 Release of DowdslL Except for the rights, obhgauons, duties, represcntatmns, and covenants of the parties hereto set forth m tlus Agreement, and the actions cont~nplated herein winch vall suture the execution and delivew o£ th,s Agreement, and only upon full satasf~-iton of the requu~mcnts set forth hereto. Foothk and the City, and their personal representatives, heirs and SETFLEMENT AGREE~E~rY ~D JOINT AND MUTUAL RELEASE - PAGE i0-13-2000 02 33PM FROM CLEMENTS & ALLEN, P C TO 19405829923 P 06 aasxgns, do hexoby release, acquit, and forever discharge Dowdall, ~ts partners, joint venturers, officers, directors, employees, shareholders, personal ropresentmaves, agents, sucoes~ors, heirs and assigns, as well as Dowdall's attorneys (mchidmg wxthout ltm~tation, Kenneth B Cluctken, and the law rum of, and members of, Ch~tken & Chaiken, P C ), each and all of them, of and from any ~-d all cl~,m,, de.m_.~nds, ecliolls, lawsuits, chsputes, damages, habihUes, obligattons, countercl~!ms, objectzons, complamts and causes ofaotion of any nature whatsoever, wh~ther lmov~, or unknown, suspected or unsnspcct~l, or whether having ansen before or a~ter the transactions re~rred to in tho Litigation and Denton County Suit, which Footiik and the City ever had. now bas, or ctaims to have, or hereafter cnn, sh~il, or m~y have for ally reason have, arising out of the ~ts, events, circumstances, tr~..n_~tctions, prior de~l!~gs, or claims occurring through the date of tins Agreement, mcluchn~ without l~mltafion, those acts, facts, events, circumstances, transactions and c !mini alleged m the L~tigatxon or m the Denton County Suit, or which could haw been asserted tn the Litigation or Denton County Stat. $ Release of Footlik and tile City F,x~pt for the nghts, obhga~ons, duties, representations, and covenants of the pames hereto as set forth in this Agreement arid the actions contemplated herein whichwlll survive the execution and delivery of this Agreement, lad only upon full sausfactton ofihe requirements set forth helvtn, Dowdall and ~ts parmcrs,jomt venturers, officers, du'ectors, employees, shareholders, personal represemtatives, agents, successors, hem~ and assigns, each and all of thean, do hereby release, acquit, and forever chscharg¢ FootLtk and the City and their partners, joint venturers, employees, pca'sonal representatives, agents, successors, hem,~ and assigns, and their attorneys (inoluding, w~thout hm~ttlon, T,mathy P Woods, arid the law film o~ and members oi; Clements, Allen, Fishinan, Woods & Walsh, P C and Michael J Whitten, and the law firm of, and members of, (h~n; Whitten & Jones), each and all of them, of and from any ~nd all 10-13-2000 02 33PM FROM CLEMENTS & ALLEN, P C TO 1940382792~ P 0? claims, demands, actions, lawsuits, disputes, damages, lmbllities, obligat:ons, countercla, mg~ objections, complm ~cl causes of actton of any nature whatsoever, whether knowx~ or unknown, suspected or unsuspecte~ or whether having arisen befor~ or at~ the tranaecttons referred to in the L~t~gat~on and Denton County Suit, which Dowdall ever had, now has, or clmrn,~ to have, or hereafter can, shall or may for any reason have, ads/ng out of any of the facts, cvcnts, mmsact~ons, pnor deahngs, or cla~m.~ occumlng through thc datc of tins Agrccment, mci a~in2 without hnnt~mon those acts, facts, events, circumstances, transactions and clmma alleged tn the Littgatten and the D~nton County Suit, or which could have been asserted m the Litigation or Dauten County Suit. 5. This Aereement Su_~ercedas All Others. ThsAgrcementtstheproductofsubstanflal n©goua/aons between the pert~e$ and their respective counsel, before, dunug, and aflc~ a mechauon whch resulted m a Medmed Settlement Agreement dated Septcmbcr 21, 2000, signed by Dowdall and Footl~le; and tbe~r respechve attorneys. Tlns Agreement ~s mtendcd by thc parties hereto to be construed to supercede aucl repl,w~ the M{~hated Settlcmcnt Agreement as th~ fins! expression of the agreements of the part~es hereto, and the C~ty ~s a d~rcct bcncficzm'y of this Agtem~aetlt, and agt~s to its terms as ~s ewdenccd by ~ts mgnature below The fact co!,~el for one party or the other may have drafl~ th~s Agreement shall not effect the wanner tn which this Agreement ~s to be construed 7. Ali Parties Have llMll Auth~itv Dowdall, the City and Footlik each represent and warrant, one to the other, that the execution and dehvery ofth,.~ Agreement, and the performance of the duties and oblt~ations of the parties set forth berem, have b~n fully and completely authoriz~l by all of the appropnlee paffaes. In pamcular, the parties represent, onc to the other, that Agreement h~ been duly authonzed and approved for execut/en and dehvery by all appropriate achon on tho part of each si~nry, as .m...~y be n©ceaaary, and that the execu~aon of tb~s Agreement SETTLEMENT AGREEMENT AND JOINT AND MOTOAL RELEASE - PAGE 4 6'203 91 10-13-2000 02 34PM FROM CLEMENTS & ALLEN, P C TO 1940382792~ P 08 arid the performance hereof docs not violate any law, contract, or agre~mant by winch any party, or any member of any party or its properties are bound, and that the person executing flus Agrccmcnt on b~.hslt~of each party ~s expressly authorized to sign and obhgate thc entity for which he is s]~mg 8 Far~her~ReDresantattons. The parties each represent and warrant one to thc othcr that they have fhlly investigated the eirc~mstancas surrounding the clmms made in the LmgaUon and the facts r©lattnlg thereto. Each signatory to tins Atgrccment has read tins Agrccmcng and by executinl~ tins Al~.ement, repraseats to the other parties that he fully uadcrstands the terms and cOndlllOnS hereof, and that he has bad a full and complete opportunity to consult vath such mdivid~!s as deemed appropriate, including counsel ofhis choice Funhe~ore, the parucs hereto reprasent ami wan-ant that the persons whose s~?sturas are shown below on behalf of the r~spcc~ve pames arc fully anthonzcd to execute this Agreement and all exinbits hereto. Furthermore, thc par~es hereto represent one to the other that they have not previously transferred or assigned any poruon of the c]~,m, compromised and scoled by this Agreement. 9. Ownership ofPro~ertv. Dowdall ftather repre~ts and warrants to Foothk and the City that Dowdall ~s the current owner of the rcal property at issue in the Dcnton Co~mty Stat, and h~s not transferred or assigned any pomon or interest in said real property 9. Miscellaneous. This Agreement is performable m Denton County, Texas This Agrccmcnt shall be governed by and construed m accordance w~th the laws of the State of Texas, ~ any liflgalton regarding tins Attreemant, the tr~n~aetious discussed hel~tl, or the clatrns set forth m the Litigation or the Denton County Suit, must be brought m the Courts ofl~aton County, Texas The par~es farther agree that tn thc event that any stat for breach of this Agreement is hereafter brought rathe Courts of Denton County, Texas, as reqmredtn the foregomg sentence, ih© prevailing SK'i-i'LF.,bII~T A~RgIgMRNT ~ JOINT AND MUTUAL RI~LIgARg - PAGg S I;201L91 18-13-~000 02 ~4PM FROM CLEMENTS & ALLEN, P C TO 194038~792~ P 09 party thereto shall be ent~fled to recover reasonable attorney's fees and all costs ofco%u~, m adchhon to such other and further legal and/or eqmtable rebel as may be awarded Executed m multtplo counterparts of equal dlgmty on the day of _ ,2000 "Dowdall" ~OHN DOWDALL SHADY SHORES 1-35 JOINT V]/NTURE MARC FOOTLIK "Ciw_" Thc C~ty of De~ton, Texas , Its' ~ l'l ~,MENT AGF, EEMENT AIqD SO.IT AND MUTUAL RE~ - PAGE 6 /~203 91 0CT-17-~000 1~ ~ GWJR,LL g40 8980196 P 02 CAUSE NO 99-096~0 ~OHN DOWDALL AND SHADY § IN THE DISTR/CT COURT SHOP, ES 1-35 ~O~T V~NTU~, Plmnuf~ v t 116~ ~IGl~ DIS~CT ~C FOOTL~ Dof~n~ } DA~AS CO~TY, O~ER OF C~e on ~e day of _ ~ 2000, ~d app~d befor,~ loM Dowel ~d S~dy S~ores I-3S lom~ V~t~e, PlanUffs, ~d Def~d~t e~h app~ff by ~d ~u~ ~mr ~9~ve a~m~ys off,cord h~a ~ey ~ve a~ed to a ~ol~on of ~1 c~s s~ fo~ h~n ~em he. In, including ae en~ of ~s A~eed O~ ofDlmms~, ~d ~e Cou~ ~vmt due co~ld~tton ~ A~ed ~d~ of D~s~ m prop~ ~d we~-~cn, ~d ~ould be IT I8, ~FO~, O~E~D, AD~DOED A~ DEC~ that ~1 ~e cl~s pr~o~ly set fo~ h~m ~se~ed by P~nf~ ~o~ Doll ~d S~y Shor~ I-~ ~ A~t V~mrc agam~ D~ ~ F~d~ be, md ~e s~e hereby ae, d~ss~ IT IS ~K~ER O~D, AD~OED AND DEC~ b~ ~d upon ~e p~ m~ ~e ~I mh~not ~re~ly g~ted ~m ~s ~pr~ssly ~ed 0CT-17-~080 l~ 3G GWJR,LL g40 8980196 P 83 ~2000 ._day of , JUDGE pB.B$IDI~4O AGRI~D CHAIKEN AND CHAIKEN, P C Kenneth B Chalken, Bsa, Attorney for Plamufl~ John Dov, dall and Shady Shores 1-35 lomt Vantu~e CLEM~'NTS, ALLEiq, FISHMAlq, WOOD8 & WALSH, P C AGR.~D ORDI~ OF DISMISSAl. - pa~= 2 TOTAL P 05 0CT-13-2000 12 3~ GWJR,LL 940 8980196 P 02 No. ED-99-00482 THE CITY OF DENTON § IN THE PROBATE COURT vs. § oF JOHN DOWDALL AND SHADY § SHORES 1-35 JOINT VENTURE § DENTON COUNTY, TE gAS AGREED FINAL JUDGMENT On this the day of ,2000 came on to be heard the above entitled and numbered cause and the Plaintiff, the C~y of Denton znnounced ready f°r trial The Defendants, lotto Dowdall and Shady Shores 1-35 Joint Venture also armounce ready/or mai I Prior to the commencement of trial tho Defendants admitted and stipulated m open Court that the Plamtaff, the C~ty of Denton, has the right to recover and oondemn the property described m Exhibit A, a~tached hereto and incorporated heroin for all purposes, that all steps and duc processes of law were duly, legally and timely performed, that all legal prereqmsltas li>r the trial ofltus came by this Court has bean duly complied with, that tho only issue remaining at th~s cause to be tried by tins Cour~ ~s thc amount of compensation due to the Defendants as a result of the condmnmation of the property descnbed tn Bxhtblt A, attached hereto, and that this Court has june&etlon of such lsano and this cauae of actton II From thc papers heretofore filcd m this cause, thc evidence ~ntroduc~ upon thc mai of thts cause and the agreements and stlpulatmn made by the parties upon the mai of thts came, the Court finds (1) That by ItS Statement or Petition for Cond~anatlon filed wtth the Judge of this Court on the 25th day of May, 1999, Plaintiff sought and prayed for the acqms~tmn, for use as a roadway, from the Defendants, through condemnation of the tract of land described tn Exhibit A, attached hereto, locatc m Denton County, Texas (2) That pursuant to sa~d Statement or Petition for Condemnation satd judge appointed three disinterested freeholders of D~ton County, Texas, as special Commissioners, who subsequently met, took their oaths of office, set a date of hearing before such Commissioners and caused notice thereof to bc duly served as prmcnbcd by law, and that satd Special Commzssloners duly held smd heanng (3) That upon smd hoanng, Plamhffappeared by and through ~ts attorneys, and that after smd heanng the Special Comm~sstonmrs made and rendered their dems~on and Award in writing, and filed said Award w~th the Judge ofthts Cour~ on thc 18m day of August, 1999 AGREED FINAL ,ll. JDGMENT Page 1 (4) That by smd written Award, smd Spectal Comm, ss~oners awarded to Defendants, John Dowdall and Shady Shores I-~5 Joint Venture the sum of $14,000 00 (5) Defendants duly and t~mely filed an objection and exception to smd Award of thc W~ereas all partms have agreed and reached a comprormse a~eement that the ~um of $14,000 O0 ~s the amount of damages to which the Defendants are entitled by ¥~rtue of the condemnation of. the land described m Exh~blt A Upon due consideratton, the Court finds and deterrmnes the followmg i That all proceechngs necessary to vest this Court with junschcUon of thc subject matter and the partms of tlus cause have been ~nstttuted, maattaated and comphed with, as required by law, and that, therefore this Court has ~unsdictlon of the pames hereto and of the sub~ect matter set forth at this case, 2 That 3rohn Dowdall and Shady Shores 1-35 Joatt Venture, are the owners of the property described m exhibit A, attached hereto, and the Ctty of Denton, as condenmor, ts condemning and acqumn§ under and by virtue of these condemnation proceedings, the fee sanple title In and to the property described as Exhthtt A and that the State of Texas is authorized to condemn smd property, 3 That horn the pleadtng$, ewdence and the agreement of the par~les, the coudmunees, John Dowdall and Shady Shores I-3~ Joint Venture should have and recover of and from the City of Dvnton, condemner, thc sum of $I,~,000 00, wtuch sum ha, previously been deposited w~th the registry of this Couat That the C:ty of Denton, in tUn'l should have and recover from Defendants, as more specifically set forth tn phauttff's Statement or PeUUon in Condetrmatton, an e.4~atent for the consllllotlng~ laylrlg out, malntatnm, g, ropmnng, operating and reconstmctatg of a street, htghway, n~ht-of-way, drmnage Lmprovemont~,, utthhcs and other related unprovements, at the C~ty of Denton, Denton County, 'rexas, in and to the property described m Exhibit A, attached hereto, $ ThatthoCondemnortheCityofDanton, dldonthe18thdayofAugust, 1999, deposit into the registry ofthts Court the sum of $14,000 00, for the use and benefit of John Dowdall and Shady Shores 1-35 Joint Venture Defendants John Dowdall and Shady Shores 1-35 Joint Venture acknowledge the receipt of'the $14,000 00 already pater to them by the Ctty of Denton by v,.rtue of'the deposit of smd funds and acknowledge that no other funds are due to the Defendants from tho City of Denton 6 That all costs of Court incurred harem should bo taxed against the Platnt~ff the C~ty of Denton, which costs shall be pa~d only to the County Clerk of Denton County 7 That thc Defendants are enhtled to withdraw th, $14,000 00 deposited rote the registry of the Court and that the clerk should transmit the $14,000 00 to thc Defendants 0CT-1~-2000 12 33 GWJR,LL ~0 898019G P 0~ IV It is thcrefore ORDEKBD ADJUDGI~D AND DECKEED that the City of D~ton does have and reaover from the Defendants an ©azement for th~ Plaintiff. for street nght-of~way for the ¢onatrucUng. la!ang out, mamtmrang, repainng, operatmg and reconstmeUng of a s~et, Inghway, right-of-way, drainage tmprovements, utthties and other related improvements tn the Ctty of Denton. Denton County, Texas, and Defendants are ~nUaea to the sum of $14,000 00 winch has prevto~ly beea deposited into thc relpstry of tins Court It m therefor~ OI1DEKED ADJUDGED AND DECKEED that the Clerk of tins Court forthwith make a check payable to the Defendants John Dowdall and Shady Shores 1-35 Joint Vanturc for the $14,000 00 on deposit tn tho registry of thru Court V It ts further ORDERED ADJUDGED AND DECREED that all costs of Court are adjudged against the Plaintlffthe City of Denton, winch coats mhall only be paid to the County Clerk of Danton County, Texas S~tlle, d thm day of ,2000 Probate Judge AGI/EED I~L,N'AL ,IIJDGMIIII~IT Pa~,e 3 TOTAL P 04 EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330, CITY AND COUNTY OF DENTON, TEXAS, AND BEING THE SAME (CALLED) 1.619 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SHADY SHORES 1-35 JOINT VENTURE, RECORDED UNDER COUNTY CLERK'S FILE No. 95-R0053704, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 1.619 ACRE TRACT, ALSO BEING THE NORTHWEST CORNER OF A TRACT OF LAND DESCRmED IN A DEED TO JOHN L. TINNRELLO, RECORDED IN VOLUME 3363, PAGE 929, OF THE REAL pROPERTY RECORDS OF DENTON COUNTY, TEXAS, ON THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF DENTON, RECORDED UNDER COUNTY CLERK'S FILE No. 93-R0058485, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 14 DEGREES 38 MINUTES 30 SECONDS WEST WITH THE EAST LINE OF S,~'IB 1.619 ACRE TRACT AND THE WEST LINE OF SAID TINNRELLO TRACT, A DISTANCE OF 539.49 FEET TO A CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 01 DEGREE 25 MINUTES 05 SECONDS, A RADIUS OF 1017.00 FEET, AN ARC LENGTH OF 25A7 FEET, WITH A CHORD WHICH BEARS SOUTH 15 DEGREES 21 MINUTES 03 SECONDS WEST A DISTANCE OF 25.17 FEET TO THE SOUTHEAST CORNER OF SAiD 1.619 ACRE TRACT AT THE SOUTHWEST CORNER OF SAID TINNRELLO TRACT, ON THE NORTH RIGHT-OF-WAY OF SHADY SHORES ROAD; THENCE NORTH 80 DEGREES 14 MINUTES 13 SECONDS WEST WITH THE SOUTIi LINE OF SAID 1.619 ACRE TRACT AND THE NORTH RIGHT-OF-WAY OF SHADy SHORES ROAD, A DISTANCE OF 120.83 FEET TO THE SOUTHW'EST CORNER OF SAID 1.619 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO ERNEST A. TINNRELLO, RECORDED IN VOLUME 3363, PAGE 925, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH S~IB CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 02 DEGREES 15 MINUTES 52 SECONDS, A RADIUS OF 897.00 FEET, AN ARC LENGTH OF 35.45 FEET, WITH A CHORD WHICH BEARS NORTH 15 DEGREES 46 MINUTES 26 SECONDS EAST A DISTANCE OF 35.45 FEET TO A CORNER; 14 EXHIBIT "A" (cont.) THENCE NORTH 14 DEGREES 38 MINUTES 30 SECONDS EAST WITH THE WEST LINE OF SAID 1.619 ACRE TRACT AND THE EAST LINE OF SAID ERNEST A. TINNRELLO TRACT, A DISTANCE OF S73.69 FEET TO THE NORTHWEST CORNER OF SAID 1.619 ACRE TRACT AND THE NORTHEAST CORNER OF SAID ERNEST A. TINNRELLO TRACT, ON THE SOUTH LINE OF SAID CITY OF DENTON TRACT AT THE BEGi]VNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 04 DEGREES 57 MINUTES 23 SECONDS, A RADIUS OF 1442.93 FEET, AN ARC LENGTH OF 124.82 FEET, WITH A CHORD WHICH BEARS SOUTH 59 DEGREES 27 MINUTES 06 SECONDS EAST A DISTANCE OF 124.78 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 70,$47.80 SQUARE FEET OR 1.619 ACRES OF LAND. 15 Ict' 33' · ne awg~ TO 30' ~ ~ 72' 873 '35 34'EL~ , ~.~ 93' ~ T-62 I ~. 78' I ]CA~ 6,387 AC, 06 '0a8~7'~ m I L-aaB '1 x t52 20' A O2*~B ~2' 'Og'E7'N R-eg7 00' 83' L~35 45 ~0 Tat7 73' g4' CB-St5 '46' CH=35.45' '49' 58 ' H 82' t20.83' 3'~ 59' I ~O~D~TI Scale, I' = 200' Sheet ~'~IT-TA~.,~, Il Date,AUG , 1998 ~.~.~ dob No ; 9652 ~a~~,T~a Drafted~ T d M ~~ Checked, d 16