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2000-432ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTRY CLUB, FORMERLY KNOWN AS THE NEW DENTON COUNTRY CLUB, RELATING TO THE PURCHASE OF A PUBLIC UTILITY EASEMENT, SANITARY SEWER EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS IN THE F DAUGHERTY SURVEY, ABSTRACT NUMBER 348 AND THE G DAUGHERTY SURVEY, ABSTRACT NUMBER 351, DENTON COUNTY, TEXAS AND OTHER CONSIDERATIONS REGARDING THE PENDING GRAVEYARD BRANCH SANITARY SEWER PROJECT, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 The City Manager lS hereby authorized to execute an Agreement between the City and Denton Country Club, m substantially the form of the Agreement which is attached hereto and made a part of th~s ordinance for all purposes for the purchase of a pubhc utlhty easement, sanitary sewer easements and temporary construction easements and other cons~derataons regarding the Graveyard Branch Sanitary Sewer Project 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 ~mmedlately upon its passage and approval PASSED AND APPROVEDthlstt~ day oi~~t~_~,2000 EULINEBROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY APIIROVED AS TO LEGAL FORM HERB~~ATTORNEY AGREEMENT AGREEMENT dated {~- ~_% , 2000 between the City of Denton ("City") and Denton Country Club, f/k/a The New Denton Country Club, Inc. ("Owner"). WITNESSETH: Whereas, Denton Country Club ("Owner") is the owner of certain land in Denton County, Texas which is being affected by the public improvement project called Graveyard Branch Sanitary Sewer ("Project"); and Whereas, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the installation of the proposed sanitary sewer line and appurtenances; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which ~s hereby acknowledged, the partzes agree as follows. For the purposes of this agreement the Halff Associates draft construction plans dated August 2000, sheets P6, P7, P8, Pg, P10 and Pll are attached hereto as "Exhibit A" and made a part hereof by reference (the "Plans") The station numbers referenced in th~s Agreement refer to station locations set forth on the Plans. 2 At Closing, the City shall pay Owner $45,000 as payment in full for the restoration by the owner of all of the affected cart paths within the playable area affected by the Project and concrete rip-rap located in the proximate area of Station 78+84 15 manhole. The City and/or sanitary sewer line contractor shall be responsible for removing and disposing of all construction materials and construction waste products, including but not limited to affected cart path mater~al. The $45,000 shall be deemed adequate consideration for not only rebuxlding the impacted cart path and concrete rap rap area but also as full consideration for management, overhead, and warranties associated with the Owner's request to solely manage cart path restoration. S \Our Documents\Con~racts\00\DCC_agreement7 doe ~age 1 3 At Closmng, the Caty shall pay the Owner $36,153 as payment in full for the restoration by the owner of all grass turf features wlthin the playable area affected by the Project. The City and/or sanxtary sewer line contractor shall leave area ~mpacted by the Project at the same grade of the adjacent undisturbed areas along the sewer line traverse The final six inches of fill wlth~n the playable area (Station 75+11.84 to Station 90+28 48) shall be select topsoil free from gravel, rocks and debrzs. The $36,153 shall be deemed adequate consideration for not only reestablishing the turf grasses wlthin the playable area but also as full consideration for management, overhead, and warranties assocaated with the Owner's request to solely manage turf grass restorataon wathan the playable area. The $36,153 amount also includes revisiting future potentaal subsidence assues wzth~n the playable area. At Closing, the Owner shall grant a permanent sanitary sewer easement described an ~Exhibit B" and a permanent publac utillty easement described ~n "Exhzbit C" and a temporary construction easement described in "Exhibat D" all attached herewlth for the stipulated sum total of $40,920 an their entirety In addltion, the Owner shall furnish the C~ty a release from Terrell W. King and w~fe Nancy L Kang for the tract conveyed to Denton Country Club by Cash Warranty Deed recorded in Volume 4331, Page 2423 of the Real Property Records of Denton County, Texas specifically as ~t relates to the Restrict~on %1 cited as follows. "No construction of amprovements without the express written consent of GRANTOR,", in addlt~on the Owner shall satisfy all closing requirements in relatzon to subordination of any l~ens affectzng the permanent easements and temporary construction easement tracts, As addational consideration, at Closing, the C~ty shall pay the owner the sum of $25,000 to mitigate the impact of constructaon actavitles along the Brush Creek Road corridor, ancluding the reestablishment of any fencing and trees, all restoration and reestablishment to be done by the Owner. Caty agrees to protect and not remove any trees located an the temporary construction easement which Owner has flagged prior to contractor mobal~zation on the property The City shall specafy and requare that the sanitary sewer lane contractor work expeditaously to complete the proposed sanatary sewer line wathin the boundaries of the playable areas from Station 75+11.84 to Station 90+28.48. The timing of the work within the playable area shall conunence on Monday, December 18, 2000 and the contractor shall work and be mobilized within the playable area only on the following days~ December 18, 19, 20, 21, 26, 27, 28, all in the year 2000, and January 2, 3, 4, 8, 9, 10, 11, 15, 16, 17, 18, 22, 23, 24, 25, 29, 30 and 31, and Februar~ i an the year 2001. The contractor shall be requared to remove and demobalaze all constructaon materaals and equipment from within the limits of the playable areas on the followang dates~ December 22, 23, 24, 25, 29, 30, 31 all in the year 2000, and January 1, 5, 6, 7, 12, 13, 14, 19, 20, 21, 26, 27 and 28 in the year 2001. Demobilazang shall include removal of all construction materials and equipment, however the salt fence to be established along the outer lamats of the permanent and temporary constructaon easements shall remaan until its removal as deemed necessary by either the Caty or Owner The silt fence shall be installed along the outer limats of the permanent and temporary construction easements wathan the playable area (Station 75+11.84 to Stat=on 90+28 48) and the contractor shall not exceed the limits of the permanent and temporary constructaon easements. The contractor shall only use a specifaed area adjacent to the Owner's land to the west, wathan the Mathew's tract to store materaals and equapment and shall only be allowed access to the work withan the playable areas from Brush Creek Road at Stataon 75+11.84 and from the adjacent Mathew's tract at Station 90+28 48 Should formidable weather conditions hander the sanatary sewer line contractor from performing the abovementioned work within the above specafied dates then the City shall negotiate additaonal work days with the Owner at Owner's dascretion, but at no addltional cost to the Caty, so long as those additional work days do not occur beyond February 15, 2001 In lieu of borang, the City shall pay the Owner at closing $50,000 for constructaon impact to the Cottonwood tree at the #2 green. This consideration ~'age 3 9 shall be deemed as full payment for not only impact to the Cottonwood tree but also to the ancallary impact of construction operatlons to the embankment adjacent to the sand trap at the #2 green and the creation of a temporary %2 green during the construction project. Removal and replacement of the Cottonwood tree shall be at the sole expense and dlscretaon of the Owner. The City and/or its contractor shall install T-posts on 8 foot centers from Stataon 87+00 to Station 88+40 delineating the tree/sand trap area from the scope of the sewer line anstallataon area The City shall conduct its constructaon such that the sand trap at green %2 as not affected The T-posts shall remain until removal is deemed necessary by either the City and/or Owner. The proposed manholes at Stations 78+84.15 and 83+48.12 shall be anstalled flush wath the existing terrain, all other proposed manholes shall be wathan i foot of exasting grade wathan the lamats of the Owner's tract. The C~ty shall ~nstall identafyang s~gnage at all manhole locations wathln the Owner's affected tract save the above mentioned manholes located wathin the playable area. The Caty of Denton, at its cost, shall install two (2), four inch PVC sanitary sewer taps at stations 87+75 and 101+75 w~thin the Owner's property, during the anstallataon of the proposed sanitary sewer main. The sanatary sewer servace taps shall be the City of Denton Standard Deep Servace Connection wath sangle clean-out to maan and 8' stub-out to user The installation of the two service taps (Stataons 85+75 and 101+75)are consadered as addataonal consaderataon. A City of Denton Customer Servace account shall be set up by the owner at the time of the physical connections. Physacal connection to the service taps shall require payment of impact fees for each sanitary sewer tap at the tame of connection. The impact fee shall be calculated based on Single Family Equivalents {SFEs) projected for each connectaon or known water consumptaon amounts of all connected structures. Also, the impact fee shall be calculated using the lmpact fee structure valid at the tame of service connections (subject to change over tame) The periodic charges for wastewater service shall be based on either P&ge 4 projected SFEs or known water consumption amounts of all connected structures. Both the impact fee(s) and the periodic wastewater service fee(s) shall be based on the same criteria established for other City of Denton wastewater customers l0 There shall be no bench cuts or angle of repose trenching within the playable area {Station 75+11.84 to Station 90+28.48) and only vertical wall trenching shall be allowed ~n the playable area using the approprlate trench safety measures associated with a typical installation. l! The City shall pay the Owner at closlng $32,063 for replacement of all irrigation lines affected by the installation of the sanitary sewer line. The City shall make every effort to mark, ~dentzfy, and record the location of those irrigation lines impacted by sanitary sewer line construction which are discovered during the scope of construction actxvities and relay that ~nformation to the Owner. It shall be the sole responsibility of the Owner to insure that the water irrzgation lines are all functional and operable, prior to, during and after the installation of the sanitary sewer main. The payment amount of $32,063 shall include not only the cost of labor and materials but also shall be deemed as full consideration for management, overhead, and warrantaes assocaated with the Owner's request to solely restore lrragataon water lines and appurtenances. ]2 The Caty shall pay the Owner $72,944 as additional considerataon to compensate for revenue losses during construction of the pending Sanitary Sewer Project, as the construction affects golf play within the playable area during the construction days stipulated in Paragraph 6. For the purposes of this Agreement, Mondays are not calculated as a playable day since the course as typically closed on Mondays. Weekday play coneadered impacted as on Tuesdays, Wednesdays and Thursdays, leaving Friday, Saturday and Sunday as playable days in whach the Contractor, all materials and equipment shall be demobalazed from the playable area. Should the City request additional workdays Page 5 w=thln the playable area beyond the total specified number of actual days occurring on Tuesdays, Wednesdays and Thursdays, then the City shall pay an additional sum of $3,800 for each addlt=onal day construction activities occur on Tuesdays, Wednesdays and Thursdays, so long as the additional work days do not extend beyond February 14, 2001 Should inclement weather require that the actual number of workdays within the playable area occurring on Tuesdays, Wednesdays and Thursdays be sh~fted forward ~n t~me, then those additional calendar days shall be granted at no add~tlonal costs, so long as those additional calendar days all occur prior to February 15, 2001 The nua~ber of available weekdays occurring on Tuesdays, Wednesdays and Thursdays after the days stipulated ~n Paragraph 6, are five days, therefore, barring ~nclement weather, the total additional costs for non-weather related construction delays shall not exceed 7 days times(x) $3,800 or $19,000. The ~nlt~al construction activity on Owner's property w~th~n the playable area is prohibited after February 15, 2001 The stipulated total sum of $302,080 shall be paid by the City at closing to the Owner through First American Title Company, 300 North Elm Street, Denton, Texas, 75201 and any other costs associated with th~s transaction shall be paid speclf~cally by the City. The closing and funding of the transaction shall occur prior to work commencing on Owner's property (unless such work is performed pursuant to a Right of Entry), but no later than f~ve days after the date of this Agreement In the event the City finds it necessary to reenter Owner's property after the ~n~tial construction dates identzfied in Paragraph 6, the C~ty shall, prior to accessing Owner's property, coordinate with Owner to avoid disruption of Owner's activities. Access by City shall be limited to Monday through Thursdays except for in the case of emergencies. City shall be responsible for the replacement, repaxr or payment for any damage to Owner's property or interruption of Owner's business in the event the Cmty finds it necessary to reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its r~ghts under the easement Page documents. City specif=cally recognizes that Owner is operating a going concern business on the property and that any exercise of City's rights under the Sanitary Sewer Easement has the potential to adversely affect Owner's operation of ~ts business; therefore, City agrees to m~nimize ~ts entry onto Owner's property and to mitigate any of the C~ty's activities on Owner's property. Th~s agreement constitutes the sole and only agreement of the part~es and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. DENTON COUNTRY CLUB CITY OF DENTON City Man&get ~/ Deputy C t~,.v' Attorney Page 7 Acknowledgment THE STATE OF TEXAS, COUNTY OF DENTON, This instrument was acknowledged before me on~C I Michael W. Jez, City Manager, City of Denton, Texas. ,2000 by Notary Public, in and for the State of-~e~ My Commission Expires: ~-~-~--~-bt Acknowledgment THE STATE OF TEXAS, ' COUNTY OF DENTON, ' This i~r~.e~t .as.~ao~w~.ag~a, befor. ~e on ~ g'l _. g~LJ ~__~, 5~'~Denton Country czub Notary Public, in and for the State of My Commission Expi~~'l~ ,2000 by 00+9~ ¥.LS ~NI"I HO.L¥1AI 'l' X UJ X x X x Exhibit "B" SANITARY SEWER EASEMENT THE STATE OF TEXAS, COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS THAT Denton Country Club f/k/a/ The New Denton Country Club, Inc (Grantor), in consideration of the payment of the sum of Fifteen Thousand One Hundred Fifty Nine Dollars and 00/100 ($15,159 00) in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and conveys to the City a sanitary sewer easement across the real property owned by Grantor, as described an EXHIBITS "A", Parcel ?A~2 and Parcel ?B illustrated in EXHIBITS "B", Parcel 7A-2 and Parcel 7B attached to and incorporated into this document by reference The grant made includes and is subject to the following i Purpose This easement grants to the City the r~ght to ~onstruct, install, reconstruct, repair, relocate, operate, and maintain one underground sanitary sewer line, facilities and appurtenances, in, on, under and across the permanent easement pursuant to the terms of an Agreement dated the day of 2000, between the Grantor and the City 2 Building and Structures Grantor shall not construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement The City will replace, repair or pay for any sidewalk, parking lot, driveway, cart path, grass turf, irrigation l~nes and sand traps that exists on the easement on the date of execution of this instrument if removed or damaged by the City during the initial construction of the sanitary sewer line If the ~r&ntor constructs or places buildings, signs, parking lots, or other structures over the permanent easement after execution of this easement document, the City may remove all or part of the structures and zmprovements aa necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein wLthout any obligation to replace or repair the structures or improvements end without any liability to grantor including the obligation to make further payment to Grantor If the Grantor constructs or places cart paths, grass turf or irrigation lines over the permanent easement after the execution of this easement document, the City may remove all or part of the structures or improvements as necessary to reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein with the obligation to replace, repair or pay for the improvements with liability to Grantor including the obligation to make further payments to Grantor for interruptions of Grantor's business as it relates to actual golf play Fences and Gates If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City of Denton expense After completion of the initial construction, the City shall reinstall any fence or gates initially removed or relocated to their original locations The Grantor, but not the City, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times If the gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as Exhibit "B" applicable, so that the City may open all locks for access without prior notice to Grantor 4 Access For the purposes of exercising its rights, the City shall have access to the easement by way of existing public property or right-of-way and not from other lands owned by Grantor outside the permanent easement Access shall be limited to Mondays through Thursdays, except in the case of emergencies Prior to access, City shall coordinate w~th Grantor to avoid disruption of ~rantor's activltles 5 Trees and Landscaping Grantor shall not plant any tree upon the permanent easement property City may cut, trim, or completely remove any trees or portions of trees now or hereafter located within the easement without liability to Grantor including the obligation to make further payment to Grantor Grantor may plant shrubs, vines, grass, or install irrigation systems and other system landscape features (except golf greens, tee boxes, water hazards, and sand traps) within the permanent easement, but the City may remove all or pert of any shrubs, vines, grass, or other landscape features as is necessary to, reconstruct, replace, repair, alter, relocate, operate its sanitary sewer facilities or otherwise exercise its rights herein with the obllgation to replace, repair or pay for same Any non-playable area disturbed during construction shall be seeded by the City as per City of Denton project specifications subsidence associated with said construction will he repaired by the City of Denton in a timely manner 6 Crops The payment herein made includes any damage or loss to crops sustained in the future by Grantor resultxng from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted 7 Grantor's Rights Grantor shell have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein 8 Neither party has made any representations or prommses outside the written provisions of this easement document relating to the subject matter of this easement document 9 Successors and Assigns This grant shall run with the land and shall be binding upon the parties and their heirs, successors and assigns Witness my hand, this the __ day of Dy Title ACKNOWLEDGMENT THE STATE OF § COUNTY OF This instrument was acknowledged before me on by Name , 2000 ~2000 Exhibit ~B" Notary Public, in and for the State of __ My Commission Expires Accepted th~s day of ~he City of Denton, Texas (Resolution No 91-073) Paul Williamson Right-of-Way Agent , 2000 for AFTER RECORDING RETURN TO~ City of Den=on 221 N Elm Street Denton, Texas 76201 ATTNI Paul Williamson EXHIBIT "B"(contd.) EXHIBIT "A" Public Utlhty Easement Parcel No ?A-I FIELD NOTES ora 30 foot wide public utility easement lying and being sKuated tn the F Daugherty Sur~ey, Abs~'act Number 348, Denton County, Texas, and being a portion of that 113 45 Acm tract described as F~rst Tract In the Deed recorded In Volume 499, Page 139 all of the Deed Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a 1/2 inch iron rod w~th a yellow plastic cap stamped "HalffAssoc, Inc" hereinafter referred to as "with cap" set for the Northeast comer of the beforementloned 5 0 Acre react, same being tn a West line of the beforementtoned 113 45 Acre h'act, THENCE North 00 degrees 01 minutes 45 seconds East for a distance of 768 70 feet to a point for THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 953 00 feet to the PLACE OF BEGINNING of the herein described tract, THENCE North 89 degrees 35 minutes 49 seconds East for a distance of 779 63 feet to a point for THENCE South 00 degrees 07 minutes 56 seconds E~st for a dtstance of 30 00 feet to a point for eOrl?r~ THENCE South 89 degrees 35 minutes 49 seconds West for a distance of 798 83 feet to a 1/2 inch iron rod with cap set for comer, THENCE North 32 degrees 24 minutes 16 seconds East for a dsstance of 35 69 feet to the PLACE OF BEGINNING containing 23,667 square feet or 0 544 Acres of land, more or less "Basis of Beanng Is NAD 83 (1993) Texas State Plane No~. Central Zone (4202) as observed by OPS on Julian day 013 of 2000 from ARLINOTON RRP CORS AR.P, PID No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is +00 de.ecs 47 minutes 06 g seconds" .... (contd.) EXHIBIT B // v, ,.)) ~v, ,* , ~ //// ~ 5~' //// [PLACE OF ~ ~ ICO~U[NCEU~NTI / I A 11~45 A~ ~CT ~ ~ PUBLIC UTILITY EASEMENT Exhibit "C" THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON § THAT Denton Country Club, f/k/a The New Denton Country Club, Inc (Grantor), in consideration of the payment of the sum of N~neteen Thousand Four Hundred Dollars and no Cents ($19,400 00) in hand paid by the City of Denton, Texas (City), receipt of which is hereby acknowledged, grants, and conveys to the City a permanent public utility easement across the real property owned by Grantor, as described in EXHIBIT "A", Parcel 7A~1, and illustrated in EXHIBIT "H", Parcel 7A-1 attached to and incorporated 1nrc this document by reference The grant made includes and is subject to the following I Purpose This easement grants to the City the right to construct, install, reconstruct, repair, relocate, operate, and maintain underground water lines, sanitary sewer lines, storm water ~ipelines, valves, facilities and appurtenances, underground wires and related facilities, underground communication lines and other underground public utilities and other related facilities in, on, under and across the permanent easement 2 Building and Structures Grantor shall not construct, erect or place any buildings, signs, or other permanent structures, or portions thereof, in, on, or over the permanent easement The City will replace or repair any sidewalk, parking lot, or driveway that exists on the easement on the date of execution of this strument if removed or damaged by the City during the ~nitial con- struction of the sanitary sewer line If the Grantor constructs or places buildings, signs, parking lots, driveways, private walkways, or other structures or improvements over the permanent easement af- ter execution of this easement document, the City may remove all or part of the structures and improvements as necessary to construct, reconstruct, replace, repair, alter, relocate, operate or otherwise exercise its rights herein without any obligation to replace or re- pair the structures or improvements and without any liab=llty to Grantor including the obligation to make further payment to Gran- tor 3 Fences and 0ares If necessary to remove or relocate any fence or gate during the initial construction of the sanitary sewer line, the City will remove or relocate the fence or gate at City of Denton expense After completlon of the initial construction, the City shall reinstall any fence or gates znitially removed or relo- cated to their original locations The Grantor, but not the City, may construct new fences and gates on the permanent easement after the date of this instrument but the fences and gates shall be placed substantially perpendicular to the easement Any fences placed across the easement shall contain gates or removable panels so that the easement is readily accessible by the City's employees and agents at all times If the gates are to be kept locked by Grantor, the City shall be provided the keys or other means, as plicable, so that the City may open all locks for access without prior notice to Grantor 4 Access For the purposes of exercising zts rights, the City shall have access to the easement by way of exzsting public property or right-of-way and not from other lands owned by Grantor outside the permanent easement Trees and Landscaping Grantor shall not plant any tree Exhibit "C" upon the permanent easement property City may cut, trim, or com- pletely remove any trees or portions of trees now or hereafter lo- cated within the easement without liability to Grantor including the obligation to make further payment to Grantor Grantor may plant shrubs, v~nes, grass, or install irrigation systems and other system landscape features within the permanent easement, but the City may remove all or part of any shrubs, vines, grass, or other landscape features as is necessary to construct, reconstruct, place, repair, alter, relocate, operate its utilities or otherwise exercise its rights herein without any liabll~ty to Grantor includ- ing the obligation to make further payment to Grantor Any area disturbed during construction shall be seeded by the City as per City of Denton project specifications Subsidence associated with said construction will be repaired by the City of Denton in a timely manner 6 Crops The payment herein made includes any damage or loss to crops sustained in the future by Grantor resulting from the City's construction, reconstruction, repair, replacement, or other use of the easement for the purposes granted 7 Grantor's Rights Grantor shall have the right to make use of the easement for any purpose that does not interfere with the City's rights in the easement for the purposes granted, subject to the restrictions contained herein 8 Neither party has made any representations or promises outside the written provisions of this easement document relating to the subject matter of this easement document 9 Successors and Assigns This grant shall run with the land and shall be binding upon the parties and their heirs, succes- sors and assigns Witness my hand, this the __ day of , 2000 Name Title THE STATE OF § COUNTY OF ~ ACKNOWLEDGMENT This instrument was acknowledged before me on Name Accepted this the City of Denton, Texas Paul Williamson Right-of-Way Agent Notary Public, in and for the State of My CommissionExpxres day of ~ 2000 for (Resolution No 91-073) AFTER RECORDING RETURN TO~ City of Denton 221 N Elm Street Denton, Texas 76201 ATTN Paul Williamson Exhibit "C" EXHIBIT "C"(contd.) EXHIBIT "A" Pcrma~nent Saratary Sewer Easement Parcel No 7A-2 FIELD NOTES ora 25 foot vade permanent samtary sewer easement lying and being situated m the O Daugherty Survey, Abstract Number 351 und the F Dangherty Survey, Abstract Number 348, Denton County, Texas, and being a portion of that 5 0 Acre tract described as Third Tract in the Deed recorded tn ¥ollJ.~.c 499, Page 139, and also being a portion of that 113 45 Acre tract described as F~rst Tract In the Deed recorded In Volume 499, Page 139 all oft.he Deed Records of Denton County, Texas, and being more particularly dasenbed as follows BEGINNING at a 1/2 tach Iron rod with a yellow plastic cap stamped "HalffAssoc, lnc" hereinafter referred to as "with cap" set for the Northeast comer of the bel'orementmned 5 0 Acre tract, same being in a West linc of the beforementloned 113 45 Acre tract, THENCE North 47 degrees I 1 n,anutes 51 seconds East departing the beforementloned comer and West hne for a dtstance of 430 g0 feet to a 1/2 inch iron rod with cap set for comer, THENCE North 69 degrees 33 minutes 31 seconds East for a distance of 462 58 feet to a 1/2 tach Iron rod with cap set for comer, THENCE North 32 degrees 24 minutes 16 seconds East for a distance of 344 66 feet to a 1/2 Inch Iron rod with cap set for comer, THENCE North 89 degrees 35 minutes 49 seconds East for a thstance of 29 74 feet to a 1/2 inch iron rod vath cap set for comer, THENCE South 32 degrees 24 minutes 16 seconds West for a distance of 369 18 feet to a 1/2 inch iron rod vath cap set for comer, THENCE South 69 degrees 33 minutes 31 seconds West for a distance of 466 04 feet to a 1/2 inch iron rod with cap set for comer, THENCE South 47 degrees 11 mmutes 51 seconds West for a d;stance of 670 71 feet to a 1/2 inch iron rod ',,nth cap set in the West hne of the beforementmned 5 0 Acre tract for comer, THENCE North 00 degrees 48 minutes 29 seconds West w~th the bel'orement:oned West line for a distance of 33 64 feet to a 1/2 inch Iron rod with cap set for comer, THENCE North 47 degrees 11 minutes 51 seconds East departing the beforementloned West hne for a distance of 222 35 feet to the PLACE OF BEGINNING containing 37,079 square feet or 0 85I Acres of land, more or less "Basts of Beanng is NAD 83 (1993) Texas State Plane North Central Zone (4202) as obser./ed by GP$ on Julian day 013 of 2000 from ARLINGTON RRP CORS AP.P, PiD No AF9536 Convergence angle at ARLINGTON RRP CORS ARP is ";-00 degrees 47 minutes 06 8 seconds JSRRY L LEH 3897 ~Xl-IIIdl I ' L; {oon~a.} / / EXHIBIT '~' PARCEL '7A'2 (PSSE) / / IPLACE OF BEGINNING 25 G?O TI ~ I~roN COUNTRy Ct.U~ A 5.0 ACR~ A~ A 11~,45 AC~ TRACT 0~: L~ CITY OF DENTQN~ DE~TOH COUNTY, TEXAS EXHIBIT "C"(contd.) EXHIBIT ' A Permanent Sam~aPj Sewer Easement Parcel No ?B FIELD NOTES of a 25 foot w~de permanent samtary sewer easement lying and being s~tuated m the G Daugherty Survey Abstract No 35 I, Denton County Texas and being a pomon of that ? I 752 Acm tract described a'~ Tract One m thc Deed recorded m Volume 498 Page. 520 of the Deed Records of Denton County Texas, and being more pamcularl) described as follows BEGi'NNENO at a 1/2 inch ~ron rod found for at the interior ell corner of the beforementmned 71 752 Acre t;act THENCE South 03 degrees O0 minutes 40 second~ West for a distance of 25 03 feet to a 1/2 tach ~ron rod with a yellow plasUc cap stamped' Halfr Assoc, lnc' he;emaftet ret'e~red to as ' with cap Set for corner, THENCE North 89 degrees 37 minutes 43 seconds West for a d~stanee of 458 69 feet to a i/2 ~nch iron rod set for corner THENCE South 50 degrees 23 mmutes 42 second~ West for a dtst ~nce ot 463 31 feet to a 1/2 ~nch THENCE South 39 degrees 39 minutes 12 seconds West for a d~stance of 883 23 feet to a 112 inch Iron rod SC[ for corner, THENCE South 54 degrees 27 minutes I 1 seconds West for a d~stance of 94 39 feet to a 1/2 ~nch Iron rod set m thc West hne of the beforement~oned 71 752 Acre tract for corner THENCE North 00 degrees 23 minute:, 43 seconds West w~th the berorement~oned West hnc for a d~stan~e ol 30 58 fe,.t to a 2 tach ~ron p~pc found for corner THENCE No,th 54 degrees 27 m~nutes 1 I seconds East departing the befo=ement~oned West hne tot a d~stance of 73 54 feet to a In mch ~ron rod set for cornet THENCE North 39 dt. grees 39 minutes 12 seconds East for t d]st ~nce of 882 33 feet to ", I/2 ~nch Iron rod se~ for corner THENCE North 50 degr~.es 23 minutes 42 seconds East for a d~stance of 474 75 feet to a 1/2 tach ~ron rod s~.t for corne~ THENCE South 89 degree,, 37 minutes 43 ,,cconds E ~st for a d~st incc of 468 93 feet to the PLACE OF BEGINNLNG coot umng 47 490 square feet o~ I 090 Acrt. s of land mo~e or less Bas~s ot Be trlng ~s NAD 83 (1993) Texas State Plane Norlh CenuaI Zone (4202) as observed CPS on Juhan day 013 of 2000 from ARLINGTON RRP CORE ARP PiD No AF9536 Conw. rgem. e angle at ARLINGTON RRP CORS ARP is +00 d~.g~ee~ 47 minutes 06 8 seconds EXHIBIT "C"(contd.) PLACE EXHIBIT PARCEL *7B (PSS£) SIR NEW DENTON COUNTRY CLUB A 71752 ACRE TRACT OF LAND CiTY OF OENTON, DENTON COUNTY, TEXAS Exhibit "D" TEMPORARY CONSTRUCTION AND ACCESS EASEMENT THE STATE OF TEXAS, COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS THAT Denton Country Club, f/k/a The New Denton Country Club, Inc {grantors) of Denton County, Texas, in consideration of the sum of Six Thousand Three Hundred and Sixty One Dollars and no cents ($6,361 00) and OTHER SOOD AND VALUABLE CONSIDERATION in hand pazd by the City of Denton, Texas, (~rantee), 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 pr~vilege of the passage in, along, upon and across the following described property, owned by grantors as described in EXHIBITS ~A-I", Parcel 7- A, Parcel 7-B (TCETB1), and Parcel 7B {TCETB2) and illustrated in Exhibit ~B-i" attached to and =ncorporated into this document by reference SEE ATTACHED EXHIBITS ~A-i" FOR TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION And it is further agreed that the Cmty 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 pursuant to the terms of an Agreement dated the day of 2000 between ~rantor and ~rantee For the purpose of access and construction activities in, along, upon and across said premises, the City of Denton, its agents, employees, workmen and representative shall have ingress, egress, and regress in, along upon and across said premises for the purpose of access and construction activities or any part thereof The terms of this grant shall expire 6 months from the date of Exhibit "D" execution TO HAVE AND TO HOLD unto the said CLty of Denton, Texas as aforesaid for the purposes aforesaid the premises above described Witness our hands, this the day of , 2000 By Title Accepted this the day of ,2000 for the City of Denton, Texas (Resolution Nc 91-073) BY Paul Williamson AFTER RECORDIN~ RETURN TOt City of Denton 221 N Elm Street Denton, Texas 76201 ATTN Paul Williamson EXHIBIT "D"(contd.) EXHIBIT "A-l" Temporary Construchon Easement Parcel No ?A FIELD NOTES of a 20' w~de temporary construction ea,sement lying and being s~tuated in the G D,lugherty Survey, Abstract Number 351 and the F Daugherty Survey, Abstract Number 348 Denton County, Texas, and being a port~on or that 5 0 Acre tract described as Third Tract ~n the Deed recorded in Volume 499, Page 139, and also being a pomon of that 113 45 Acre tract described as F~r~t Tract ~n the Deed recorded m Volume 499, Page 139 all of the Deed Records of Denton County Texn% and being more particularly described as follows B EGINNI~G at a point ~n the East hne of the berorcmentioned 5 0 Acre tract, sa~d point being located South 00 degrees 01 m~nutes 45 seconds West a d~stance of 34 09 feet from the Northeast corner of the s ;~d 5 0 Acre tract ~atd point I~ uno :n a We~t hne of the beforement:oned I 13 45 Acre tract THENCE North 47 degrees I I m~nutes 51 second~ East for a dtst,mce of 449 04 feet to a point for corner THENCE North 69 degrees 33 minutes 31 ,;econds East for a d~stance of 466 04 feet to a point for corner THENCE North 32 degrees 24 m~nutes 16 seconds East for a d~stance of 369 18 feet to a point for corner THENCE North 89 degree'; 35 mtnute~ 49 second~, East for a dlst ~nce of 769 08 feet to a point for corner THENCE South 00 degrees O? minutes 56 seconds East for a d~stance or 20 0o feet to a point for corner TF1ENCE South g9 degrees '~5 minutes 49 seconds ",Ve~t for a dt%tance of 7'18 08 feet to n pmnt for corner THENCE South 39. degree,; 24 mtnute,, 16 second,, We,,t for n d:',t,mce of 365 O0 feet to a point for corner THENCE South 69 d~.grees 33 minutes 31 second', West for a distance of 468 81 feet to a potnt for THENCE South 47 degree,; I Immutes 51 seconds West for a d~stance of 684 77 feet to a potnt for THENCE Nolth 00 degrees 48 mmute~ 28 second~ %e',t for a dt.,tance of 26 91 feet to a 1/2 inch THENCE North 47 degrees Il minutes 51 second~ East for a d:stlnce of 221 67 feet to the PLACE OF BEGINNFNG containing 45 517 square feet or I 045 Acre,, o( land more or less B t~ls of Be xnng ts NAD 8'~ (I 993) Texas State PI me North Central Zone (4202) ns observed by GPS on Juh m d I¥ 013 of 2000 from ARLINGTON RRP CORE ARP PIE) No AF9536 Convergence angle ut ARLINGTON RRP CORE ARP ~s +00 degrees 47 minutes 06 8 seconds I:XHIBIT "D"(contd.) EXHIBIT '*B-I" ", PARCEL '~7A (-/-CE) PLACE OF BEGINNING NEW DENTON COUNTRY CLUB A 50 ACRE AND A 11~45 ACRS TRACT OF LANO CITY OF DSNTON, DSNTON COUNTY, TSXAS -III Hale Associates. EXHIBIT "D"(contd.) EXHIBIT ' Temporary Construction E~scment Parcel No ?lB (TCETB !) FI'ELD NOTES of a 20 foot wide temporary construction easement lying and being situated ~n the G Daugherty Survey Abstract No 35 I, Denton County Texas and being a portton of that 71 7.52 Acre tr ~ct de~crthed as Tract One m the Deed recorded in Volume 498, Page 520 of the Deed Records of Denton County, Texas and being more particularly described a,, follows BEGINNING at a point for corner said pmnt bears South 03 degrees 00 minutes 40 seconds West a &',tance of 25 03 feet from a I/2 inch Iron rod found for Ihe m~enor ell corner of the beforement]oned 71 752 Acre tract THENCE South 03 degrees 00 mtnutes 40 seconds West for a &st'mae of 20 02 feet to a point for THENCE North 89 degrees 37 minutes 43 seconds West for a d~qance of 481 62 feet to a point for THENCE North 50 degrees 23 minutes 42 seconds East for n d~stance of 31 13 feet to a point for corner THENCE South 89 degree,; 37 minutes 43 seconds East for a d~stance of 458 69 feet to the PLACE OF BEGINNING contammg 9 403 square feet or 0 216 Acres of had more or les<; B ts~s of Be Ir~ng ts NAD 83 (1993) Te'<ns State Plane North Central Zone (4202) as observed by GPS on Jnhan day Ol 3 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergeno. nngle at ARLINGTON RRP CORS ARP ~s +00 degrees 47 mmute~ 06 8 seconds EXHIBIT "D"(contd.) IPLACE OF Ls 4o~ s~u*~¢ f~' o" o z,~ *c.~s / BEGINNING / Ii EXHIBIT "B-I' PARCEL FFCE7B/) NEW DENTON COUNTRY CLUB A 71 752 ACRE TRACT OF LANO CITY OF DENTON, DENTON COUNTY, TEXAS EXHIBIT "D"(contd.) EXHIBIT "A-l" Temporary Construction Easement Parcel No 7B (TCE7B2) FI'ELD NOTES of a 20 foot w~de temporary construction easement lying and being s~tuated ~n the G Daugherty Survey Abstract No 35 I, Denton County Texas and betng a pomon of that 71 752 Acre tract dt.,,crlbed as Tract One In the Deed recorded in Volume 498, Page 520 of the Deed Record', of Denton County, Texas and being more particularly described as follows BEG[NNING at a pmnt In a North hne of the beforemennoned 71 '752 Acre tract, Smd pmnt bears North 89 degrees 37 m~nutes 43 seconds West n al=stance of 468 93 feel from a I/2 ~nch ~ron rod round for at the ~ntenor ell corner of ~he beforement[oned 71 752 Acre tract THENCE South 'SO degrees 23 m~nutes 42 second~ West for adn, t race of 474 75 feet to a pm nt for THENCE South 39 degrees 39 minutes 12 seconds West for a dls:ance of 882 33 feet to a point for THENCE South 54 degrees 27 minutes 11 seconds West for a distance of 73 54 feet to a 2 ~nch iron p~pe found in the West hne of the beforement~oned 7I 752 Acre tract for corner THENCE North 0 degrees 23 minutes 43 seconds West w~th the beforementloned West line for a ch~tance of 24 46 feet to a point for corner THENCE North 54 degrees 27 m~nutes I I seconds East depamng the beforementloned West hne lor a d~,,tance or 56 86 feet to a point for corner, THENCE North 39 degrees 39 m~nutes 12 seconds East for a d~stance of 881 6I feet to a pmnt for THENCE Ninth q0 degree', 23 minutes 42 seconds Easl for a ch',I race of 453 60 feet to a pmnt m a North hoe of Ihe beforement~oned 71 752 Acre tract for corner THENCE South 89 degrees 37 minute,, 43 seconds East for '~ d~qt race of 30 50 feet to the PLACE OF BEGI'NNING containing 28 227 square feet or 0 648 Acre', of land more or les~ B ~%1% Of Bearing is NAD 83 (I 993) Texas State Plane North Central Zone (4202) as observed by GP5 on Juhan day 013 of 2000 from ARLINGTON RRP CORS ARP PID No AF9536 Convergence ingle at ARLINGTON RRP CORS ARP ts +00 degrees 47 minutes 06 8 second~ EXHIBIT "D'(contd.) 47475 ~LACE OF 1 J BEGINNING~ I I, EXHIBIT °'B-I" PA~C£/ *7B FFCE7B2) NO0 23 43 W yoSO.t/ NEW DENTON COUNTRY CLUB A 71 752 ACRE TRACT OF LANO CITY OF DENTON, DENTON COUNTY, TEXAS