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HomeMy WebLinkAboutResolution No. 2012-081 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2012-081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, DECLARING THE NECESSITY TO ACQUIRE AN APPROXIMATELY 3.2933 ACRE TRACT OF PROPERTY FOR RIGHT-OF- WAY PURPOSES, AN APPROXIMATELY 0.2651 ACRE TRACT OF PROPERTY FOR SLOPE AND GRADING EASEMENT PURPOSES, AND AN APPROXIMATELY 0.3394 ACRE TRACT OF PROPERTY FOR SLOPE AND GRADING EASEMENT PURPOSES, ALL AS PART OF THE CITY OF THE COLONY'S MEMORIAL - SPRING CREEK CONNECTOR PROJECT, AND SITUATED GENERALLY IN THE R.P. HARDIN SURVEY, ABSTRACT NO. 611, AND THE WILLIAM G. GARVIN SURVEY, ABSTRACT NO. 453, IN THE CITY OF FRISCO, DENTON COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR THE PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE CITY MANAGER OF THE CITY OF THE COLONY, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, on May 28, 1998, the City of The Colony, Texas ("The Colony"), entered into the "Stewart Creek West Regional Wastewater System Contract" with the City of Frisco, Texas ("Frisco"), and the North Texas Municipal Water District ( "NTMWD"); and WHEREAS, The Colony subsequently sued NTMWD and Frisco for various causes of action arising out the Stewart Creek West Regional Wastewater System Contract, involving the expansion of the North Texas Regional Wastewater System known as Stewart Creek West; and WHEREAS, on February 25, 2010, the The Colony, Frisco and NTMWD entered into a Settlement Agreement concerning the Stewart Creek West Regional Wastewater System Contract; and WHEREAS, Section 7 of the Settlement Agreement provides for cooperation between The Colony and Frisco regarding the extension of Memorial Drive, and provides that The Colony "at its sole expense [shall] obtain all right-of-way, easements, and required permitting" concerning the Memorial - Spring Creek Connector Project, and provides "[a]ll portions of the right-of-way within the Frisco city limits will be obtained on behalf of Frisco and all deeds shall provide that ownership of such right-of-way is solely in the name of Frisco"; and WHEREAS, the City Council of The Colony (hereinafter referred to as the "City Council"), has determined that an approximately 3.2933 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611, and the William G. Garvin Survey, Abstract No. 453, City of Frisco, Denton County, Texas (hereinafter referred to as the "Right-of-Way Property"), and more particularly described and depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for use for public roadway purposes, and that there exists a public necessity to acquire the Right-of-Way Property for the construction of the City of The Colony's Memorial - Spring Creek Connector Project, which is a public use; and WHEREAS, the City Council has determined that an approximately 0.2651 acre tract of land and an approximately 0.3394 acre tract of land, both situated in the William G. Garvin Survey, Abstract No. 453, City of Frisco, Denton County, Texas, (hereinafter collectively referred to as the "Easement Property"), and more particularly described and depicted in Exhibit B, which is attached hereto and incorporated herein for all purposes, is appropriate for use for slope and grading easement purposes, and that there exists a public necessity to acquire the Easement Property for the construction of the City of The Colony's Memorial - Spring Creek Connector Project, which is a public use; and WHEREAS, the City Council desires to acquire the Right-of-Way Property and Easement Property for this governmental and public use in conjunction with the City of The Colony's Memorial - Spring Creek Connector Project; and WHEREAS, the City Council desires that the City Manager, or his designee, take all necessary steps to acquire the Right-of-Way Property in fee simple, and the Easement Property for slope and grading easement purposes including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the City Attorney, or his designee, negotiate the purchase of the Right-of-Way Property in fee simple, and the Easement Property for slope and grading easement purposes, and if unsuccessful in purchasing Right-of-Way Property in fee simple, and/or the Easement Property for slope and grading easement purposes, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That all of the above premises are hereby found to be true and correct legislative and factual findings of the City of The Colony, Texas, and they are hereby approved and incorporated into the body of this resolution as if copied in their entirety. SECTION 2. That the City Council hereby finds and determines that a public use and necessity exists for the City of The Colony, Texas, to acquire the Right-of-Way Property and the Easement Property for the construction of the Memorial - Spring Creek Connector Project, as part of the City of The Colony's Memorial - Spring Creek Connector Project, and to acquire the Right-of-Way Property in fee simple, and to acquire the Easement Property for slope and grading easement purposes, both of which are deemed necessary for construction of an extension for Memorial Drive, a public roadway. 2 SECTION 3. That the City Manager, or his designee, is authorized and directed to negotiate for and to acquire the Right-of-Way Property in fee simple, and the Easement Property for slope and grading easement purposes, for the City of The Colony, Texas, and to acquire said rights in compliance with State and Federal law. That the City Manager is specifically authorized and directed to do each and every act necessary to acquire the Right-of-Way Property in fee simple, and the Easement Property for slope and grading easement purposes including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4. That the City Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Right-of-Way Property in fee simple, and the Easement Property for slope and grading easement purposes, and, as such, the City Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the City Council for such purpose. That the City Manager is specifically authorized to establish the just compensation for the acquisition of the Right-of-Way Property and the Easement Property. That, if the City Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the City Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Right-of-Way Property in fee simple, and the Easement Property for slope and grading easement purposes. SECTION 5. This Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS 20t" day of November, 2012. Jo McCour i Mayor ATTEST-, %A Christie Wilson, City Secretary APPROVED AS TO FORM: r fi Jeff Moore, City Attorney 3 Exhibit A Depiction and/or Description of the Right-of-Way Property 4 EXH I BIT A RIGHT-'-OF•-WAY ACQUISI77ON PART OF TEXAS INDUSTRIES, INC./TXl OPERA TIONS, INC. CITY OF FRISCO, DENTON COUNTY, TEXAS PROPERTY DESCRIPTION Salnp a tract ar parcel of land sltuatad In the R.P. Hardin Survey, Abstract Number 8t1, and the William G. Garvin Survey, Abstract Number 483, city of Frisco, Denton County, Texas and being port of that certain treat of land deter bed In deed to Texas Industries, Inc. as recorded In Instrument Number 94-0011703, Rool Property Records of Denton County, Toxoe, and port of that certain treat of land described in (Iced to TXI v orations, Inc., as recorded In Instrument Number 2006-10017, Real Property Records of Menton Qaunty, Texas, and being mart) p ortlm,inrly described by metes and bounds as followet BEGINNING at a 1/2-Inch Iron rod with plastic cap stomped TX REG NO 100189-00 set for the southeast end of a corner clip of the west right-of--woy line of Spring Creek Parkway (a variable width rlght--of-way) as dedicated to the City of Frisco, Texas according to Instrument recorded In Volume 6f48, Pago 899, Real Property Records of Denton County, Texas; THENCE South 00'-10'01" East, along the west rlght-of-way line of sold Spring Creek Parkway, a distance of 04.42 feet to a 1/2-fnoh Iron rod with plastic cap stamped TX REG NO 100189-00 sat for the beginning o1 a non--tangent curve to the loft having a control angle of 10'54'40 , o radius of 730.00 foot, a tangent length of 09.72 loot, a chord bearing of South 49'40'11" West, and a chord length of 136.81 foots THENCE departing sold Spring Creek Parkway right of way, along Bald non-tangent curve to the left an era distance of 139.02 feet to a 1/2--fnoh iron rod with plostlc sap stomped TX REG NO 10018900 not for corner; THENCE South 00•49.60u East, a distance of 35.84 feat to a 1/2-Inch iron rod with plastic cap stomped TX REO NO 100189- 00 act for the beglnning of a non-tongent ourvo to the right having a central angle of 09'21'68", a radius of 1.041.00 feet, a tangent length of 85.28 feet, a chord bearing of South 39.40'19" Coat, and a chord length of 169,96 toot; THENCE along sold non-tangent curve to the right an ore distance of 170.17 feet to a 1/2-Inch Iron rod with plastic cap stamped TX REG NO 100189-00 set for corner in the west right--of-way line of the aforementioned Spring Creek Parkway; THENCE South 00'40'01" East, along the west right-of-way line of sold Spring Creek Parkway, a distance of 123.72 foot to a 1/2-Inch Iron rod with pfoatic cop stomped TX REG NO 100189-00 not for the begtnntn$ of a curve to the left having u central angle of 07'42 35", a radius of 1,500.00 feet, a tangent length of 105.12 fact, a chord beoring of South 04'31'18" Lost. and a chord length of 200.76 loati _ REVISED AUGUST 11, 2011 NATHAN D. MAIER CONSULTING ENGINEERS, INC, TOPE FIRM REG. NO. r-356 1 OF 6 TBPL.S FIRM REG. NO, 100109-00 AUGUST 2, 2011 Two Northpork 8080 Pork Lane / Suite 600 00-11-081.8 Dollaoo Texas 5231 / Ph. (214) 739-4741 8081EX03,0W0 5 RIGHT-OF--WA Y ACQUISI TION PART Or TEXAS INDUSTRIES, INC./TXi OPERA TIONS, INC. CITY OF FRISCO, DENTON COUNTY, TEXAS THENCE along sold curve to the left on aro distance of 209,81 teat with said right of way tine of Spring Creek Parkway to a 1/2-Inch Iron rod with plastic cap atornped TX RCO NO 100189-OD sot for corner and the beginning of o non- canggsnt curve to the left having a central angle of 60.10'31", a radius of 010.00 toot, a iangen! length of 624,24, a chord bearing of North 61'32'03" Wear, and a chord distance of 1,038.11 feet; THENCE departing sold Spring Creek Parkway right of way and along sold non-tongent curve to the left on arc dtetonoo of 1,101.08 feet to a 1/2-Inoh Iron rod with pploatlc cop stomped TX REG HO 100199-OD not for corner In the aaetsrly line of the 9NSF Railroad right of way (100' width); THENCE North 07'0028" West, along The easterly line of said DNSF right of way; a dietonce of 83.06 feet to a 1/2--Inch Iron rod wlth McCULLAH SURVEYING cap found for the northwest oorner of the aforementioned Texas Industries, Inc. tract, some being the southwest corner of that certain trout of land described in dead to Whiteford Limited Portnerehlp in Instrument Number 2008-3167, Real Property Records of Denton County, Texasl THENCE North 08'20'20" East, nlong the north line of cold Texas Industries, the. tract and with the south line of said Whiteford tract, a dlalanoo of 174.73 foot to a 1 2-Inoh iron rod with ploatlc cop stamped TX REO NO 100180-0 not for the beginning of a non-tangent curve to the right having a oehtrat on to of 24'14'21" a radlue of 1,030.00 fast, a tangent length of 221.19 lest, o chord bearing South 85.2019" Coat, and a chord length of 432.51 feet; THENCE Narting sold common 11ne, along sold non-tangent curve to the right an arc diatanos of 439,75 feet to a Mag Spike eat for corner: THENCE North 84'64'50" East, a distance of 38.03 lest to 0 Mug Spike not for tho beginning of a non-tongont ourvo to the right having a oontraI ongla of 13'41'37", a radius of 840.00 feet, a tangent length of 100,60 feet, a chord bearing North 50'03'OD" East, and o chard length of 200.28 foots THENCE along sold non-tangent curve to the right an are distance of 200.78 feet to a 1/2-Inch Iron rod with plastic cop stomped TX REG NO 100189-00 set for corner in the west right--of-way line of the aforementioned Spring Creek Parkwayl THENCE South 47'03'18" East, along the west rl ght--of--way line of sold Spring Creek Parkway, a dletanoe of 57.02 feet to the POINT OF BEGINNING and containing 3.2833 acres (143,458 square lest) of land, more or lose, REVISED AUGUST 11, 2011 NATHAN D. MAIER CONSULTING ENGINEERS, INC. 2 OF 6 TOPE FIRM REO. NO. F-35$ TBPLS FIRM REG. NO. 100189--00 AUGUST 2. 2011 Two NoHhpark / 9080 Park ane / Suite 600 08--11--081.8 Dallas, Texas 76231 / Ph. i(214) 7394741 8081EX03.00 6 RIGHT-OF WAY ACQUISI 170N PART OF TEXAS INDUSTRIES, 1NC.1TX1 OPERATIONS, INC. CITY OF FRISCO, DENTON COUNTY, TEXAS Bearings for this survey ore hoaad on the Western Data Systems Texas Coogrotive Network (www.txrtk.com) and are ref atenoed to NAD83 Stoto Plane Coordinate System, Texas North Control Zone 4202. Stations DCOL. DMCK and McKinney were utilized as base stations during GPS data colleotlon aaeslons. For a&Dolor Consulting Engineers, Inc. OF o L. IAalton Jql N LM L p j'u Registered Professional Land Surveyor No. 4828 p #4260 -go 'D 6 ~ BURy~• ' b REVISED AUGUST It, 2011 NATHAN D. MAIER CONSULTINO ENGINEERS, INC, 3 of s TOPE FIRM REG. NO. r--386 UST 2, 201) TOPI.S FI IA REG, NO, 100184-00 AUGUST 2, 011 Two Northpark 8080 Pork Lane / Sulte 600 0611-081. Dallue, Texan 62.31 / Ph. (214) 730-4741 - 0 7 RIGHT OF- WA Y ACQUISITION PARr OF TEXAS INDUSTRIES, INC.1TX1 OPERATIONS, INC. CITY OF FRISCO, DaENTON COUNTY, TEXAS WHITE'FORO LIMITED PARTNERSHIP INSTRUMENT NO. 2008-3167 L 8 IRS MEmpR1AL f AND JOAO r- +I r~ ccnrr stm n/to cAP O CQIINRY WA4 (IZO'rzial , anti tRS 8OULMV-W- fRS - IvARUOCC RIaIr a ti>? MA &WE ser 0 ~ ~PO/NT OF My ;I J BEGINNING IRS v~ IRS nFNOIIS t IRM ROD m"l C a CAP Snwrao Ix PEP No foorer-co - sc AND r r L NE a Of/RY£ , ,un uve TABLES IRS L IRS 7EKAS INPUSTRIES, INC 1 INSTRUMENT NO. 94--0011703 o, IRS f (.j Ii I or'.,,pl SCALE• 1"-200' REVISED AUGUST 11, 2011 NATHAN D. MAIER CONSULTING ENGINEERS, INC. TBPE FIRM REG. NO, F-356 4 OF 5 TBPLS FIRM REG. NO. 100189-00 AUGUST 2, 2011 Two Northpark / 8080 Park lone / Sulte 600 08--11-081,8 Datlaa, Tsxos 75231 f Ph. (214) 739-4741 8081EX03.DWO g RIGHT---OF WAY ACQUISI ??ON PART OF TEXAS INDUSTRIES, INC,/TXI OPERA 71ONSs INC. CITY Of' fRISCO, DENTON COUNTY, TEXAS 02 AUTA-10754' 0' R-7mo, 111lsm, L-tu.02' (W-S 40s1011" W CL-Mast l 04 MrA-0D AM` R+f.041.001 T-028' !-1170.17' LW-s mvolfol r a•168.66' 00 AJ:t.TAmO7K2'M" R*1,66aoo' L 1 S om101" J~ 64,42' rwova12' L N 0011 w" !4 .TBB4' Gr2a2.e1' L A & o0vo'O)" to 12x7',4' two-$ o4v1'lo, r L e M onvw" W,, nod, a-" m' 40 N "VOW' & 17 73' L if N B4v#w" & Jew, 07 AMM-607MM" L Id 8 4710370' 67.sB' R-814100' Nom.24' L-1,101,06' WON 610103, w 010 MM-24`14%1' M-11 moo, 1►~21tt,10' Li4J,3 76' tW»s M0'18' R do4U6R41' 012 =rA•fJVt'd7" Awm00' r-otoaml 1-oam' OWMN 60tl3'0o' F am206126' REVISED AUGUST 41, 2011 NATHAN D. MAZER CONSULTING Et O1NEERS, INC. 5 of s T8Pf FIRIA REO. N0, F_g 6 AUGUST 2. 2011 T8P15 FIRM REQ. N0, 100188-00 Two Northp0r / 8080 Park lane / svlte 600 OS,i1~O81,E3 Oailas, Texos 75231 / Ph. (214} 736-4741 8081EXO3.DNfO 9 Exhibit B Depiction and/or Description of the Easement Property i 10 SLOPE EASEMENT NO.1 SEP WO.I 13,,91., 2012 PR+DFy,SR-Ty'OP'TA OPERATIONS, LP MILLIAM C. GARVIN SURVEY, ABSTRACT NO. 4.63 t1ENTON'COUNTy, TEXAS FIELD NOTE DESCRIPTION .BEING a 11,6:47 tclWare:focit (0.2651 were) tract of land situated In the'W11fom 0*1 0atwln .Survey, Abgtraot, Ntjrnber dta3,,'Uertton Cbunty, Texas, and }ioing part:df 6.06 talri.trW of land doriyoyed•to TXI.Operati6hb. LP, as ovidenced by.deed recorded frr•pQ~umsnt r+tutribQr 20OG~r10?_Of 7 :of tho Ppn¢ Ropords of Denton County; Texas and :bo(ttq tnora .particularly descri,4by metes and bounds as foilow§> CJD.MWlENQNi0. at, a ~M-inch iron roil With cap fbUnd (dohirolllrig •rh'oTWW_61)Q for.the :Common n6rti Whet, corner of ii4ld•TXI irAbl'and the northeast corner of a;oerfa n tract of land cofiVeyed .to Texas Industries, Inc., 'as evtdenGVd. by deed rQ rd, :d. 7n:D cement kuml.er. 9440117ft:6f said DL-60 keeards; In the 6ortth,1166 of a beftlh (Wt. of Sand 'd&Veyed to Whltef6fd t,Imttdd Parinership, as evidenced by deed recorded'lnAb ou, ent Number 20083157 of sald'Desd Records; THENIOE N6r(h 88°22'241• !vast along the common north line. of•sald-TXIAraotand the south 'line of 4ald'lNhIWord tract a distance of 210.49 feet•.tb riortheasta#6tnoY.6frsald TXI: tract,and 60 west .fine of Spring Credk• Parkway, a variable width right-of way., THEN08-South 01db3'09" East departing said common lino, along the Count bh,east line of'sald TXI ttact Arid the West line of "Spring Creak Parkway a distance bf 13,49 feet to the-POINT oE:welt.NING; THENCE•South 01°ST09" East contlnutng along-said, common line.a distanoo. of-46,00 iaet-to an angle In Bald .common line; TI4PNCI:' South WIV25" East continyIng alone said common' line 'q'dista06 oP 10.78' (oot to the; bagitlrtlog of. a non-tai igonl "curve to tho left, from which a 6/8--in6h Iron with oaf stairjp'od "Ki lk •fuund (eo 6011IAg ffidi ument) bear's South. 4 °18 20" East. a distance r~f~ 68,3;0 .foet, -South W6 '06" East, a distance. of 444,39 fet;t •i4 ttitl,be inning of ,tangent ,ctar'e: io the left; aril -along" Bald curve t4 the left having a d81ta sit le,of 16100'33" f a:fadius of 1660.00 feet, aware length of 435139•feet; and, a chQrcf geQring of Beath 04° 5c2j" 4sta;clistonce ofr434,;47 feet; THENCE dhparffl g said common line; over and across 41d Ul Iract,a$ffdltaur.4; Aft' bhld burvo tb the • loft. htaving •a delia angle of 13°23'16'!,'- a,radiup; of feet, .en. arc tef~sflla Qf 1.96;27- feet, 'andta cttgrd:bnr tFn b.(SoUtii 46'°& `49 v6st a dl~tattt©.of 1.gs,tt~ eft; SQ;~ttii $4Aa4'~0" ~att1esf a_ c(f'sfartos ;of'$6.83 feet'!q fhh b~llnning:ot' a'fioit-CariOenf .6UN to the left; Along;sAld:cuNb to fhe'ldit ffa,01n Fadelta angle 0.010•24'00", a t'adiub=.of. 103q_Ot)' feet;'a1t`:d'te.lefSgth.of'26r4ry feel,. attd a, chord bepeing of`No~tEt'S3° ~};(3"' 1!;".. a dlstanoe, t~f ti. t i 'feat to tho-., 61rgo f ra nan-ti tn '6ii t041.16 r`lghta ?.age Z pf•6 11 81-OPE EASEMENT NO. 1 SEPTEMBER 21, 2012 PROPERTY OF TXI OPERATIONS, LP WILLIAM G. GARVIN SURVEY, ABSTRACT NO. 463 DENTON COUNTY, TEXAS FIELD NOTE DE10I.PTION Along said curve to the right having a delta angle of 16°45'17", a radius of 890.00 feet, an are length of 260.26 feet, and a chord bearing of North 49°36'34" East a distance of 259.33 feet to the POINT OF BEGINNING; CONTAINING within the metes recited 11,647 square feet or 0,2651 acre of land, more or leas. Page 2 of 5 12 SLOPE EASEMENT NO.2 SEPTEMBER 21, 2012 PROPERTY OF TXI OPERATIONS, LP WILLIAM G. GARVIN SURVEY, ABSTRACT NO. 463 DENTON COUNTY, TEXAS FIELD NOTE DESCRIPTION BEING a 14,786 square foot (0.3394 acre) tract of land situated in the William G. Garvin Survey, Abstract Number 463, Denton County, Texas, and being part of a certain tract of land conveyed to TXI Operations, LP, as evidenced by deed recorded In Document Number 2006-102017 of the Deed Records of Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 618-Inch Iron rod with cap stamped "KHA" found (controlling monument) for the beginning of a tangent curve to the right In the common east line of said TXI tract and the west line of Spring Creek Parkway, 120-foot right-of-way; THENCE along said curve to the right having a delta angle of 16°00'33", a radius of 1660.00 feet, an are length of 435.89 feet, and a chord bearing of North 08955'21" West a distance of 434.47 feet to the point of tangency; THENCE North 00°65'06" West along said common line a distance of 130.72 feet to the POINT OF BEGINNING and the beginning of a non-tangent carve to the left; THENCE departing said common line, over and across said TXI tract as follows: Along said curve to the left having a delta angle of 09°07'42", a radius of 1041.00 feet, an are length of 165.85 feet, and a chord bearing of North 39°47'27" West a distance of 166.67 feet; North 00°49'60" West a distance of 35.84 feet to the beginning of a non-tangent curve to the right; Along said curve to the right having a delta angle of 10°34130", a radius of 730.00 feet, an arc length of 134.74 feet, and a chord bearing of'North 49'39'06" East a distance of 134.64 feet to the common east line of said TXI tract and the west line of Spring Creek Parkway, from which a 6/8-Inch Iron rod with cap found (controlling monument) for the common northwest corner of said TXI tract and the northeast corner of a certain tract of land conveyed to Texas Industries, inc., as evidenced by deed recorded In Document Number 9.40011703 of said Deed Records bears North 00°55'06" West a distance of 63.39 feet, North 46'18126" West a distance of 69.05 feet, North 01°63'09" West a distance of 60.66 feet, and South 88°22'24" West a distance of 216.49 feet; THENCE South 00°66'05" East along said common line a distance of 250.28 feet to the POINT OF BrzGINNING; CONTAINING within the metes recited 14,786 square feet or 0.3394 acre of land, more or less. Pago 3 of 6 13 SLOPE BASEMENT NO.2 SEPTEMBER 21, 2042 PROPERTY OF TXI OPERATIONS, LP WILLIAM G. GARVIN SURVEY, ABSTRACT NO. 463 DF-NTON COUNTY, TEXAS FIELD NOTE DESCRIPTION Bearings are based on NAD 83, Texas State Plane Coordinate System, North Central Zone (4202), distances have been sonled to surface values using a surface adjustment factor of 1.000180830. A.ptat of survey accompanies these field notes. I, Justin W. Waldrip, a Registered Professional Land Surveyor, hereby certify that the legal description hereon Is based upon an actual survey made on the ground under my supervision, OF T " Z - JUSTIN W. WALORIP Justin . Walddp, R .u PzP. 6 Registration No, 6479 ra 6179 ,r 14 N `yy~ • fiss ~4~-t sU~w Page 4 of 8 14 6A P0UN0 crs W1iTEFORDLIMITEO W/CAP PATi7NER8HIP 1/r1. It FOUND lNST.N PAWNERS HIP P O ~ AIENr •MCCULLAN' TOWN & COUNTRY D,R.D.C.T. 110.1 BOULEVARD (9AllC0: N a6'56-4t' a 72o.ta) jc- N 90122'24' E 216AW - t 13.49' P O. B OWE FJ14Smoa h0, ) 0' 60' 100 IO7A) aOAO 6) 4 SI.Op& EASEMENT NO.1 69.6665! ' d 01'6 (Eot r 066T 1a) 41,647 SgTO Feel ~d (0.2851 Am) ~$a 840.10126"EPE608 03'aroa'0) WLLOM Q. GAR= I VEV ABSMACY NUN= 463 TA OPk11ATIONIALP INST, NO, 2008•i0101T b °54'SO11 w z Sc' TEXAS INO11simps, INC. 36.03' Na G~ TOACT i INST. N0.044011703 f1~~ MR.D,G,Y. N 00°49'60" W ~i 36.84' m" fi SLOPE EASEMENT NO.2 t, T > 14,785 Square F001 ci 02 03 (0.3304 Acre) An 13,23'16" A~ 1'24'00` A a 10'46'17" R= 845.00' R G 1030.00' R a 800,00' AL x 100,27' AL-2647' AL - 20020' C6 . S 49'63'48' W 00 e N 6316508' W Cq m N 49'30'34` 1; P.Q.Q. CL *1106,03' CL-28.10' CL h 260,33' stOFCPhseMENt 130.72' No, 2 C4 05 Ce Aa 18'00'33" WFOA,16'0'1') A-8`07'42' A= 10134130' R a 1560,00' R-1041.00' R a 780,00' AL d 436,09' WED A "440,13) AL a 106.85' Al. a 134.74' 04 a N 00"65'21" W (Wric6 ■806'10'6r11) CRI a N 39'47W' W GD N 49130'00' E CM P.O.C. CL a 4M.471(DEEO Dt■ 459sr7 CL a 105.07' CL d 134.64' Wa• 1. it, FOUND albPE WENEIR 'rou• RD.2 DPM}NRUAfiIU: rEARrfi09SffP'NRHERtE0NA1tEDA9EDONIrAU6a, TFXAS 81AW PANE 000RUWATe 8YWFAI, NORTN CENTRAL ZONE S4~J~ 0131'hNCPP OHOWN tiAVG6~fiN i40D1F1E0T06UtV'ACBIIY ApFL vaAUCAaEFAD10RDr 100o1a6p6rOTrtEETATEP(ANE SLOPE EASEMENT NO,1 CoaxlmrrAwrs. FIG(D1 OV8 ACOOMPARYTWSMAY. AND SLOPE EASEMENT NO, 2 PROPERTY OF TXI OPERATIONS, INC. 0 V PART OF THE WILLIAM 0.0ARVlN SURVEY, ~ti.., • T ABSTRACT NO. 453 DENTON C UN%`TEXAS LEGEND G~ ~........NAton~N o M011u11FtlrFOlh4D ti'` Pa 6179 q,/~ , alp ' (a, w"on ° T0c PAD. • pO1HY0F0E01NN1N0 ' . J. WALDRIP SEPTEM0021,2012 •$1• CIA • COIITROLLOMMONUMENT SUR CWCKEOari k.WAtl)A1? scar" 11NCH-100 FEET P.R. • IRON kOD amfivaRa+C 302.12.020 Shur bi7Fb SRO • WAS Ails 0.RD.O,T, DEEORGCOROSDENTONCOU141Y.TEXA8 Engineorui Inc. RO.O.T. • PLATRECORDSDO+7r0`iCGUNrY,TE70W ize4irl.~i.kT1i,1i`j' t3 1 'rw Plena (+111 TYN Fat r.7 li11)rE941(y `mss - UI~1 NR11~I~aAC~y.•s. 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