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HomeMy WebLinkAboutResolution No. 06-034 CITY OF THE COLONY RESOLUTION NO. 06 - $3l.f ORIGINAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND JOE'S COUNTRY STORE, INC. FOR THE ACQUISITION OF UTILITY EASEMENTS TO FACILITATE WATER AND WASTEWATER SERVICES TO THE CITY'S ETJ ON WYNNWOOD PENINSULA, AND FOR THE PURPOSE OF FACILITATING THE REDEVLOPMENT OF THREE PARCELS OF LAND; THE DEVELOPER AGREEMENT IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City has determined that it is in the best interest of the City to enter into the Agreement with Joe's Country Store, Inc., which is attached hereto and incorporated herein by reference as Exhibit "A," under the terms and conditions provided therein. WHEREAS, with this Development Agreement the City of The Colony will obtain the necessary utility easements to facilitate water and wastewater services to the city's ETJ on Wynnwood Peninsula. WHEREAS, with this Development Agreement the City agrees to grant ownership of two city owned lots adjacent to Developer's property to the Developer, and abandon the right-of- way for Pine Ct. WHEREAS, with this Development Agreement the Developer will reconstruct Overlake Drive as well as associated water and drainage as stated in the Agreement, and plat all lots to facilitate redevelopment. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS THAT: Section 1. The Development Contract, which is attached and incorporated hereto as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas, and found to be acceptable and in the best interest of the City and its citizens, be, and the same is hereby, in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of The Colony, Texas. Section 2. That this Resolution shall take effect immediately from and after its adoption and it is so resolved. 63918 PASSED, APPROVED and EFFECTIVE this 3rd day of April, 2006. ATv1s% ! / ' ;' I ~. I ( l1,~j/J '{/~h C1ll1Stie Wilson, TRMC, City Secretary J Dillard, Mayor ity of The Colony, Texas ..<,-."~ -,: -::~~;':-L \, ~;-., iJ.J ' :c ' .~', i~:; ~: ~ u '. .) ~ ~~ 63918 DEVELOPMENT AGREEMENT STATE OF TEXAS 9 9 COUNTY OF DENTON 9 PREAMBLE This Development Agreement ("Agreement") is hereby entered into by and between the CITY OF THE COLONY, TEXAS ("City"), a home rule municipality organized under the laws of the State of Texas and JOE'S COUNTRY STORE, INC., a Texas Corporation ("Developer"), acting by and through their duly authorized representatives (collectively, the "Parties"). WHEREAS, the Developer seeks to develop approximately 2 acres, generally as depicted in Exhibit "A", within the City (the" Property") as part of a retail and commercial development, located generally in Block 4, Garza-Little Elm Lake Estates, an addition to the City, according to the plat filed of record in Volume 2, Page 80 of the Plat Records of Denton County, and WHEREAS, the Developer agrees to design, reconstruct and pave Overlake Drive as a concrete, two-lane divided urban thoroughfare to standards set forth in final construction plans, which shall be approved by the City, to provide access to and for the Property; and WHEREAS, in consideration therefore, the Developer has requested that the City vacate and abandon Pine Court Drive, a proposed but not constructed cul-de-sac street, located within the Property and the municipal boundaries of the City; and WHEREAS, Overlake Drive, when completed by the Developer will, through connections with other thoroughfares, provide access to and for the Property and other portions of the City previously planned to be served by Pine Court Drive; and WHEREAS, the City has consented to provide certain water and wastewater utility service to the area generally described as the Wynwood Peninsula, within the City limits, which will be facilitated by the Developer granting to the City a permanent easement for the location of water and wastewater utility infrastructure ("Utility System") and a temporary construction easement to facilitate the installation of said Utility System; WHEREAS, the Developer will request approval from the City to replat Lots 1 through 7 of Block 4, Garza-Little Elm Lake Estates subdivision (the "Replat") as a single unified tract; and WHEREAS the Developer will request approval from the City of a zoning change for Lots 1 through 7 of Block 4, Garza-Little Elm Lake Estates to one of the following designations: Planned Development ("PD"), Neighborhood Services ("NS"), Shopping Center ("SC") or General Retail ("GR"); and WHEREAS the Developer has good and defensible title to Lots 1, 2, 3, 6 and 7 of Block 4, Garza-Little Elm Lake Estates subdivision; and WHEREAS, the City currently owns Lots 4 and 5 of Block 4, Garza-Little Elm Lake Estates and will convey those lots to the Developer pursuant to the terms and conditions of this Agreement; and WHEREAS, the Developer desires to convey an easement across Lots 1, 2, 3, 6 & 7 of Block 4, Garza-Little Elm Estates to the City for a Utility System and a temporary construction easement to facilitate installation of said Utility System; and WHEREAS, the Parties do mutually agree and consent to enter into this Agreement pursuant to Chapter 212, TEX. LOCAL GOV'T CODE for the mutual benefit and advantage of the Parties. NOW, THEREFORE, the City and the Developer for and in consideration of the premises and the mutual covenants set forth in this Agreement and pursuant to the authority granted by the governing bodies or authorized representative of each of the Parties, do hereby agree as follows: ARTICLE 1 INCORPORATION OF RECITALS All matters and recitations stated in the Preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions of this Agreement as an expression of intent and as an aid to construction. ARTICLE 2 PURPOSES OF THIS AGREEMENT The purpose of this Agreement is to acknowledge mutual responsibilities and rights by and between the Parties as it relates to (i) the conveyance of the Easements (as defined in Section 4.0) by the Developer to the City, for the benefit of the City, (ii) the street Abandonment (as defined in Section 5.0) by the City, (iii) the Reconstruction and Improvement of Overlake Drive by the Developer, and (iv) other mutually beneficial acts. ARTICLE 3 TERM OF THE AGREEMENT The Agreement shall be effective as of the date of the last signature of the Parties hereto and shall continue in full force and effect until each of the Parties has fully satisfied the terms and conditions set forth in this Agreement unless sooner terminated by mutual written agreement of the City and the Developer. ARTICLE 4 UNDERTAKING OF THE DEVELOPER Utility System Easements 4.0 The Developer agrees to execute on or before April 6, 2006 (1) the Permanent Easements attached hereto as Attachment 1 for .055 acres, Attachment 2 for .065 acres, and Attachment 3 for .064 acres (collectively, the "Permanent Easements"), and (2) the Temporary Construction Easements attached hereto as Attachment 1 for .059 acres, Attachment 2 for .109 acres, and Attachment 3 for .101 acres (collectively the "Temporary Construction Easements", together with the Permanent Easements collectively referred to as the "Easements"). The Developer shall deliver the executed Easements to the City on or before the expiration of three (3) business days following the execution of this Agreement. Developer shall allow access to the Easements by the City, its agents, employees or contractors, immediately upon execution of this Agreement for the purpose of constructing or installing the Utility System. Site Plan 4.1. The Developer shall submit to the City Council for review, on or before October 15, 2006, a detailed Site Plan depicting the unified development of Block 4, Garza-Little Elm Lake Estates as a single tract, including the abandonment of Pine Court, improvement to Overlake Drive and any proposed structures. Overlake Drive 4.2 The Developer agrees to reconstruct and pave Overlake Drive from Farm to Market Road 423, generally in an easterly direction to the eastern property line of existing Lot 7, Block 4, Garza-Little Elm Lake Estates, as depicted in Attachment 4. Overlake Drive will be located in its current location. 4.3 Overlake Drive shall be designed and constructed as a dedicated, two-lane, concrete, curb and gutter, street built to applicable City of The Colony, Texas standards, and said reconstruction shall include installation of a twelve (12) inch City water line within the dedicated Right of Way and any necessary drainage facilities. Developer is solely responsible for damage to any utility, municipal or otherwise, through the reconstruction of Overlake Drive. 4.4 To complete Overlake Drive obligations of Developer, it shall be accepted as a municipal thoroughfare and open to traffic from FM 423 easterly to the eastern property line of Lot 7, Block 4, Garza-Little Elm Lake Estates on or before April 1, 2007. Notwithstanding the foregoing, any ceremonial opening or other non-substantive events scheduled prior to completion of Overlake Drive to permit traffic to travel shall not be considered completion of Overlake Drive. Upon written request by the Developer, with good cause shown, the Director of Engineering may approve in writing an extension until October 1,2007. 4.5 Removal of the road material currently on Overlake Drive will be the sole responsibility of the Developer. 4.6 When Overlake Drive is accepted by the City, the Developer shall submit a report of all costs incurred and paid by the Developer. If the costs of construction, as approved by the City, are less than $40,000, the Developer shall pay to the City the difference between Developer costs incurred and paid, and $40,000 (i.e., $40,000 minus Actual Costs Incurred and Paid to Construct Overlake Drive). If the costs of construction as approved by the City are greater than $40,000, the Developer shall not owe any additional payment to the City. Any payment due by the Developer to the City under this section shall be made contemporaneously with the conveyance by the City to the Developer of Lots 4 & 5, Block 4, Garza-Little Elm Lake Estates, as described in Section 5.2 of this Agreement. The failure of the Developer to pay any amounts due to the City under this section relieves the City of any obligation to convey said lots 4 and 5. Zoning and Replat Request 4.7 Within 30 days of the conveyance of Lots 4 & 5, Block 4, Garza-Little Elm Lake Estates to the Developer, the Developer shall submit to the City a request for a zoning change to one of the following designations: Planned Development ("PD"), Neighborhood Services ("NS"), Shopping Center ("SC") or General Retail ("GR"), and a Replat of lots 1 through 7, Block 4, Garza-Little Elm Lake Estates. The Replat shall include the abandonment of Pine Court as described in Section 5.0 of this agreement. ARTICLE 5 UNDERTAKING OF THE CITY Abandonment of Pine Court 5.0 City staff agrees that it will recommend to the City Council that it abandon, close, and discontinue all of the City's right, title and interest in and to Pine Court within the municipal boundaries of the City (the "Abandonment"). The documents affecting the Abandonment shall be subject to the review and comment by the Developer prior to consideration by the City Council of the Abandonment. The Abandonment shall be submitted to the City Council within thirty days subsequent to the acceptance of Overlake Drive by the City. 5.1 The formal action of the governing body of the City approving the Abandonment is made specifically contingent upon the prior execution by the Developer of the Easements described in Section 4.0 hereof, the reconstruction of Overlake Drive described in Sections 4.2, 4.3, 4.4, and 4.5 hereof, and the payment by the Developer to the City, if any, described in Section 4.6 hereof. Conveyance of Lots 4 and 5 to the Developer 5.2 Upon acceptance of Overlake Drive by the City, and contemporaneous with any payment received under Section 4.6 of this Agreement, the City shall convey title to Lots 4 & 5, Block 4, Garza-Little Elm Lake Estates to the Developer by quitclaim deed, save and except the Lot 4 Permanent Easement attached as Attachment 5 hereto, and the Lot 5 Permanent Easement attached as Attachment 6 hereto. Replat and Zoning Change 5.3 The City shall use its best efforts to timely consider the application for Replat and zoning change to one of the following designations: Planned Development ("PD"), Neighborhood Services ("NS"), Shopping Center ("SC") or General Retail ("GR"), which the City agrees shall be reviewed in conformance with City standards, and Developer shall, subsequent to approval, have the right to develop the Property in accordance with the Replat and zonmg. Utility System Easements 5.4 The City agrees to restore the surface of the Easements to a condition substantially the same or similar as it existed prior to the installation of the Utility System described herein. 5.5 Nothing contained in this Agreement shall effect, or be construed to effect, the municipal boundaries or extraterritorial jurisdiction of the City. ARTICLE 6 ASSIGNABILITY Expect as otherwise provided herein, or except as may be hereafter determined by the Parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement or any of its rights, duties, or obligations hereunder without the prior written consent of the other party. ARTICLE 7 NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be (i) by personal delivery, (ii) sent by United States registered or certified mail, return receipt requested, postage prepaid, or (iii) sent by facsimile with a hard copy sent within one (1) business day by United States mail, to: To Developer: Joe's Country Store, Inc. Attention: Gita Kiana Samadi 7616 North Main Street The Colony, Texas 75056 To City: City of the Colony, Texas Attention: City Manager 6800 Main Street The Colony, Texas 75056 (972) 624-2298 (Facsimile) ARTICLE 8 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the Parties hereto out of or affecting this Agreement, or the rights or obligations of the Parties hereunder, unless such waiver or modification is in writing, duly executed. The Parties further agree that the provisions of this Article 8 will not be waived unless as herein set forth. ARTICLE 9 SA VINGS/SEVERABILITY In the event that anyone or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. ARTICLE 10 GOVERNING LAW AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws of the State of Texas, and all obligations of the Parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE 11 NO THIRD PARTY BENEFICIARIES This Agreement is solely for the benefit of the Parties and neither Party intends by any provision of this Agreement to create any rights in any third-party beneficiaries or to confer any benefit or enforceable rights under this Agreement or otherwise upon anyone other than the Parties. ARTICLE 12 ENTIRE AGREEMENT This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the Parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the Parties with respect to the subject matter hereof. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the Parties hereto. ARTICLE 13 WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE 14 AUTHORITY OF PARTIES This Agreement is made by and entered into by a duly authorized official of the City and a duly authorized representative of the Developer. ARTICLE 15 CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE 16 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. ARTICLE 17 DEFAULT 17.1 The City shall be able to enforce the terms of this Agreement according to its terms or by other legal or equitable means. 17.2 If a party shall be delayed in the performance of any of their obligations hereunder because of strikes, lockouts, shortages of labor, fuel or materials, acts of God, legal requirements, fire or other casualty, or any other cause beyond such party's control, then performance of such obligation shall be excused for the period of such delay, and the period for the performance of such obligation shall be extended by the number of days of such delay. 17.3 Developer will indemnify the City from all claims, demands, costs, and liability of every kind, including reasonable attorney's fees, arising from Developer's breach of any provision of this Agreement, or from any act or negligence of the Developer, or its agents, contractors or employees. Developer will defend the City if the City is ever named as a defendant in any action arising from Developer's breach of any provision of this Agreement, or from any act or negligence of the Developer, its agents, contractors or employees. [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] SEPARATE SIGNATURE PAGE OF DEVELOPER EXECUTED on this the ~J> day of March, 2006. DEVELOPER: By~~~eA N.ame: G lTIl f< "5 A rr1 ~ DZ TItle: pre..., i ~T STATE OF TEXAS COUNTY OF &;y ~ ~ ~ BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared ~ '~A L:;'AA.h' 'A,;HJI/ ~. , the President of Joe's Country Store, a Texas Corporation, known or proved to me on satisfactory evidence to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of March 2006. STAMP, PRINT OR TYPE 4t~. /"""~.J7'- NOTARY'S NAME AND DATE COMMISSION EXPIRES:'p_ ~..o 7 Notary Public in an for the State of Texas '^~~~ KRIST I TARRANT ~~*':'~\ MY ccr.,:/;\SSION EXPIRES ~.:....::..~j !.ugust 6. 2007 ...."?jOf~.... .......... ~-,7-::?:.?:- SEPARATE SIGNATURE PAGE OF THE CITY EXECUTED on this the !i!::day of April 2006. THE CITY OF THE COLONY: City of the Colony, Texas 6800 Main Street The Colony, Texas 75056 Telephone: (972) 624-3105 By: Cd~ ~ Name: Dale Cheatham Title: City Manager, The Colony ST ATE OF TEXAS ~ ~ ~ COUNTY OF DENTON BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared Dale Cheatham, the City Manager of the CITY OF THE COLONY known or proved to me on satisfactory evidence to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this !j 1h day of April 2006. STAMP, PRINT OR TYPE NOTARY'S NAME AND DATE COMMISSION EXPIRES: (!j~~~ (ih~v>, Notary Public in and for the State of Texas r"~~~~""""""""""'~ '!It,~\..t4 'f P II"~"~,. /.<::J'::.~"'"""~:~ CHRISTIE NEU WILSON f it =oit!"... ...<': I ! \ ~ 'i. j NOlary Public, Stale 0' Teus i I '.!f;;'~~~~ My CommiUion ExpiIes 11-22-09 I ~ -~- i ~""""""""""""'~~ Page I of I Exhibit "A" file:/IC:\DOCUME-I \RHAR TL-I \LOCALS-I \Temp\M3JCZE7C.htm 31212006 CITY OF THE COLONY UTILITY EASEMENT COUNTY OF DENTON s s s KNOW ALL MEN BY THESE PRESENTS THE STATE OF TEXAS That, JOE'S COUNTRY STORE, INC., AND GITA KIANA SAMADI, collectively GRANTOR herein, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual non-exclusive twenty one foot (21') utility easement for the purpose of constructing, maintaining, operating, repairing, altering, changing the size of, and removing or abandoning in place an initial pipeline and any additional pipelines necessary for the transportation of water and wastewater ("water and wastewater pipelines") together with all other rights necessary and convenient for that purpose ("Utility Purpose") installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities, pipelines, fittings, connections, valves, pumps and all structures or equipment necessary or ancillary to water and sewer utility operations (the "Facilities") in, into, upon, over, across, under and through all that certain 0.055 acres in Denton County, Texas described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such purposes, and together with a temporary construction, grading and access easement in, over and across those certain tracts or parcels of land containing approximately 0.126 acres of land as described in Exhibit "C" and shown on Exhibit "D" attached hereto and incorporated herein. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shaIl at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the permanent easement granted herein any temporary or permanent structures and if so placed upon the permanent easement GRANTEE shall have the right to remove the same, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. TO HAVE AND TO HOLD the above described permanent non-exclusive easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its 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. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, and/or zoning, platting or other governmental requirements that affect the land. Notwithstanding any provision herein to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land described herein, provided that such installation, repair, maintenance, alteration, replacement, relocation or operation does not interfere with any drainage. or utility facilities within the permanent easement and is performed in accordance with all ordinances, regulations and pennission of GRANTEE. Attachment 1 886137.2/SP2/13152/0102/030306 IN WITNESS WHEREOF, this instrument is executed this _ day of March, 2006. GRANTOR: Joe's Country Store, Inc. By: Gita Kiani Samadi, President Joe's Country Store, Inc. Certificate of Acknowledgment ST ATE OF TEXAS g g g COUNTY OF DENTON BEFORE ME, , on this day personally appeared Gita Kiani Samadi, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act of Joe's Country Store, Inc., a Texas corporation, as its President for which act she had full authority, and for the purposes therein expressed. Given under my hand and seal of office this _, day of ,2006. SUBSCRIBED AND SWORN TO BEFORE ME this _ day of to certify which witness my hand and seal of office. ,2006, Notary Public in and for the State of Texas My Commission Expires: Attachment 1 88613721SP2I1315210102l030306 EXHIBIT nAn ;[.KGAL DZSCi;IPUON PKmwn:N'r SANITARY SEWER EASDUN'r BEING a 20 fQot wide strip of land' located in Lot 3, Block 4, GARZA " LI'nLa ~.~ BjI'I'A'l'ES. an addition to The Colony, Denton County, Texas according to the. plllt recorded 1.n Volume 2, Page 80 of the Plat. Records of Del;\ton cOUnty, Texas. Said 20 foot wide strip of land being more particul~ly described by metes and bounds, as follows: BEGINNING at a point in the East boundary line of said Lot 3, be~ng located ~ 110 22' 57" W 6a.22 feet, from the Southeast corner of said Lot 3; THENCE WEST 126.42 feet, cross:l.ng s8:l.d Lot 3, to a point in the East right-of-way line of Ma4n Street (State High~ay No. 4,23) ; THENCE along the East right-of -way line of sal.d Ma:l.n Street. as follows I 1. N 110 40' 12" E 12.16 feet, to a point; a.42 feet, to a point, 116.69 feet, to a poi.nt in the East boundary 2. NOlO 33' 54" W THENCE EAsT. line of sa-id Lot 3; 'I'RENCE g 170 22' .55'. E 20.96 feet, along the East boundary line of said Lot 3, tQ:rHE PLACE OF BEGINNING, containing 0.055 acre (2,414 square feet) of land. \ \ \ FNCOL ESM NO. 1 EXHIBIT "B" "t" \ ~ \ \ .... ..... ~ '- '- \ \ B~CK4 GARZA-urn.f;\.tLMLAKE ESTATES . , YOI.. . 2,. . pa~Y80t '.' P.R.D.C; T. \ " ..... A~. .,~ . :~: ;::" ,'- .,:~. .,.~ .",~ i~ ........tcj . "'''Ft:.. , ":-'*l;'~' ~i 51 7.~Z2'S7"e: / 20,96' I - . . .. '. I .' P01NTOFBE:/NING "'~:=1~ LOT! I . I ''''-.'' .~-1' r "'-., /) " ..... V SOUTHE:AS'l" CO~ER \ J OF"", . \ ---- -' .,.\ ) -- .- \ \ LOT.j: LOT 2 .I....~ r---- · LOT 1 I ,; r . . , . . ()'ltl(lAI<E$TR.&Ei I 1 ~ .... ~~l.t .~-~..~~~'~-~ .PEijMANEN't\csA~rrARY .~~l!S;~ LOT.3i'BLOCK7+;,.GARZA.".UlT1.:E .......... '..ELMLAKEESTATES' . .COLONYr'pENl"oN.cOUNTY.TEXAS . \i'WCQuiIri\C-EAS!:l\ FEBRUAA'f 12. 2005 . Exhibit "e" LXGAf., DESCRIPTION 'l'EKPORARY CO~'1'RtTC'1'ION EASEMENT BEING a SO fopt wide strip of land located in Lot 3, Block 4, GARZA - LITTLE ELM LAKE" BSTATlilS, an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton co.unty, Texas', Said 50 foot wide strip of land being more pa+ticular~y described by metes and bounds, as followa: BEGINNING at a point in the East boUndary line of said Lot 3, and Said Point of Beginning being locat"ed N 17" 22' 57" W 109.17 feet, from the Southeast corner of said Lot 3; THENCE WEST. i16,69 feet, to a poi.nt in the East right-of- way line of Main Street (State Highway No. 423): THENCli: N' 01" 33' 52. W 50.02 feet, along the East right-of -way lJ.ne of said M~ih Street, to a point; THENCE EAST 102.41 feet, crossing said Lot 3, to a pOJ.nt in the East boundary line of said Lot 3; THENCE S 170 22' 57" E 52.39 feet, along the East boundary l1ne of said Lot 3, to THE P~CB OF BEGINNING, con~aln1ng 0.126 acre (5,478 square feet) of land, I I I I I I I FNCOL ESM NO. T1 I I I .~ ":'~." .....: ":':, :.' :..~,. <1j_. ", ...I,;;;:" .;)~~t. ". "'m':!!04' . _ ,'i::~'i:.:. ',- ,::-, ". '..,..~ '" : ~.;..:~::~fi. "::-"'~';:" . {':~1:~~?: . "~."" ':'~~;~~::": .~, ': ;'. . . Exhibit 0 '\"'. . \ ~, \ '" ~ \ " .'. ..,Ql,.9CK4 . .' . ." '.. ~~... 14llUJ;:t..t~E:.,~4tts "- VOL. 2..l\"G~BP~P~ft;D~C.T. " I l~ ;' "- . I. .:!. t t f. "r' -- ". ..... . '-~ - ". ..... '. . ," -,. " . .:... . . "" . '. \. . ~i' .... 1V~~4-t? ..':tZ.:::." LOT 4 I '. .' '..' . OINT 0" atCl,NNiN$ . I / Wm- 1 Hj;it~j' . '"" l ~ <lA' \ '~ ~~, ;' "~" ;\~" ""'2 . ';' "~r'" \, .JI ~"":""~- \ \'1 Lor 3 I ). ldr1 I / ( x. . 'It,., '. . . Ul ,'- "'. - . '. . . . . . . . . . . . ". .,'. ".' ..... ',. . -..;.. ;'" '"' . . ",- .' .... ',' . . ..: . . .. . :'~"<., ~";:"""::"'~l~:')::.!,.H--:7.;.:>,." .... 'clf};yJ:;r/li41<e>$'J!HEI!T . ::'~''':/;..';:';'C->'':~>': ':;"::~:>: ':\;': f..~:;>:,.:...:...' ,: . I , l . .... ~1tl:N C~ONY;;'OE:NTQI'!:cOVNTY~:TEXAs. .... . '. . . ", \FHt.XlUiIii\C;''rD.IP1\ . ~:12;2005, CITY OF THE COLONY UTILITY EASEl\1ENT THE ST ATE OF TEXAS s s s KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON That, JOE'S COUNTRY STORE, INC., AND GITA KIANA SAMADI, collectively GRANTOR herein, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual non-exclusive twenty two foot (22') utility easement for the purpose of constructing, maintaining, operating, repairing, altering, changing the size of, and removing or abandoning in place an initial pipeline and any additional pipelines necessary for the transportation of water and wastewater ("water and wastewater pipelines") together with all other rights necessary and convenient for that purpose ("Utility Purpose") installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities, pipelines, fittings, connections, valves, pumps and all structures or equipment necessary or ancillary to water and sewer utility operations (the "Facilities") in, into, upon, over, across, under and through all that certain 0.065 acres in Denton County, Texas described in Exhibit "A" and shown on Exhibit "B II attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such purposes, and together with a temporary construction, grading and access easement in, over and across those certain tracts or parcels of land containing approximately 0.109 acres of land as described in Exhibit "c" and shown on Exhibit "D" attached hereto and incorporated herein. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the permanent easement granted herein any temporary or permanent structures and if so placed upon the permanent easement GRANTEE shall have the right to remove the same, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. TO HAVE AND TO HOLD the above described permanent non-exclusive easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its 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. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real Property Records or which an on-the-ground inspection would reveal, and Oi) any encroachments, protrusions, taxes, and/or zoning, platting or other governmental requirements that affect the land. Notwithstanding any provision herein to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land described herein, provided that such installation, repair, maintenance, alteration, replacement, relocation or operation does not interfere with any drainage or utility facilities within the permanent easement and is performed in accordance with all ordinances, regulations and permission of GRANTEE. 886276.2/SP2/13152/0102/030306 Attachment 2 IN WITNESS WHEREOF, this instrument is executed this _ day of March, 2006. GRANTOR: Joe's Country Store, Inc. By: Gita IGani Samadi, President Joe's Country Store, Inc. Certificate of Acknowledgment ST ATE OF TEXAS s s s COUNTY OF DENTON BEFORE ME, ' on this day personally appeared Gita IGani Samadi, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act of Joe's Country Store, Inc., a Texas corporation, as its President for which act she had full authority, and for the purposes therein expressed. Given under my hand and seal of office this _, day of ,2006. SUBSCRIBED AND SWORN TO BEFORE ME this _ day of to certify which witness my hand and seal of office. ,2006, Notary Public in and for the State of Texas My Commission Expires: 886276.21SP2I1315210102l030306 Attachment 2 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT SANITARY SEWER EASEMENT BEING 0.065 acre of land located in Lot 6, Block 4, GARZA - LITTLE ELM LAKE ESTATES, an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton County, Texas. Said 0.065 acre of land being more particularly described by metes and bounds, as follows: BEGINNING at a point in the Northwest boundary line of said Lot 6, and Said Point of Beginning being located N 390 25' 5011 E 102.14 feet, from the most Westerly Southwest boundary corner of said Lot 6; THENCE N 390 25' 50" E 22.08 feet, along the Northwest boundary line of said Lot 6, tO,a point; THENCE S 250 30' 00" E 48.53 feet, to a point; THENCE S 190 14' 37" W 104.49 feet, to a point in the South boundary line of said Lot 6; THENCE N 800 051 13" W 20.27 feet, along the South boundary line of said Lot 6, to a point; THENCE N 190 14' 3711 E 99.55 feet, to a point; THENCE N 250 30' 00" W 30.94 feet, to THE PLACE OF BEGINNING, containing 0.065 acre (2,835 square feet) of land. FNCOL ESM NO. 5 EXHIBIT "B" ........ ...... ~ ...... ...... BLOCKI4 f ...... GARZA-LITTLE ELM ......, LAKE ESTATES ~ VOL. 2, PG. 80 I ...... ...... P.R.D.C.T. I lOT 5 ~ J N 3902S'SO"E . / ~ / 2208' LOT 6 ~ 1. POINT OF: S 2503 'OouE ...... BEGINNING 48 3 N 2503Q'OO"W / /" '- ~ '- '- \ / 30.94' / ............ . iv PERMANENT SANITARY SGWER WEWEN1"'-... \ / o~~ ~ J'I' I O.08S ACRE / 2,835 SQ.". \, _ --L "OJ '/ on,,' " ~~ / / ~...... ~ ~ ~$i f; WESTERLY LOT 6 O~~. ..". . / I SOUTHWESTERLY' 0.>> o.....~ / I ~rnw ..... ~ (\ LOT 6 ) ~ 1 \ "i \ \ \ LOT 4- \ LOT B / , I I ~ I / ( I N 8000~.:t! 3"W 20.1 ' I I / l/ ~~ " ~ ~ / / / LOT 7 I / / / I / / ~ " ...... ~ ..... - SCALE ,". 50' ~BRrrrAIN "CRAWFORD WI) SUR'4YN . 'IOPOGRAPHIC YAPPING (lIT) t26-1l111 -liI!TlO (117) 4a-OIIE FAX No. (a11) 820-8J47 P.o. BCIlC 11374 . DOl IQI1H FIlEEIIlY FCRT WCIIfTII. T!XAI TIIIO DiWU~ EXHIBIT "8" PERMANENT SANITARY SEWER EASENENT 0.065 ACRE OF LAND LOCATED IN LOT 5, BLOCK 4, GARZA-UTIli ELM lAKE ESTATES COLONY, DENTON COUNlY, TEXAS \FNCOLONY'\. C-E'ASE5\ APRIL 12. 2005 Exhibit "C" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING 0.109 acre of land located in Lot 6, Block 4, GARZA - LITTLE ELM LAKE ESTATES, an addit:Lon to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton County, Texas. Said 0.109' acre of land being more particularly,described by metes and bounds, as follows: BEGINNING at a point at the most Westerly Southwest corner of said Lot 6; THENCE N 390 25' 50" E 102.14 feet, along the Northwest boundary line of said Lot 6, to a point; THENCE S 250 30' 00" E 30.94 feet, to a point; THENCE S 190 14' 37" W 99.55 feet, to 'a point in the South boundary line of said Lot 6; THENCE N 800 05' 13" W 33.49 feet, along the South boundary line of said Lot 6, to a point at the Southerly Southwest corner of said Lot 6; THENCE NORTHWESTERLY 40.00 feet, along the Southwest boundary line of said Lot 6, with a curve to the left having a radius of 60.00 feet, a central angle of 380 11' 5011, and a chord bearing N180 24' 08" W 39.26 feet, to THE PLACE OF BEGINNING, containing 0.109 acre (4,762 square feet) of land. FNCOL ESM NO. T5 '" " "- ~ Exhibit 0 ..... ..... BLOCK ~4 !"~ GARZA-LITTLE ELM LAKE ESTATES VOL. 2, PG. 80 ..... I ..... P.R.D.C.l. LOT 5 / \ \ I \ LOT 4 I \ / I \ I \--1 ..... / POINT Of "- BEGINNING I WESTERLY SOUTHWEST I CORNER OF LOT 6 ( l:i= 38011 '50" R= 60.00' L= 40.00' LC= N 18024'OS"W 39.26' \ \ \ ~ I I ~ z o ~ SCALE 1"_ 50' LOT 8 / / / LOT 7 I / I , I I l / /1 ~~ '\ ~ ~ , / / "- "- ~ -- "- 7" / ............... / / / / _ _ _ f. TEWPORARY CONSTRUCTION EASENENT 0.109 ACRE OF LAND LOCATED IN LOT 5. BLOCK 4. GARZA-UTIlE aM lAKE ESTATES COLONY, DENTON COUNlY, TEXAS \FNCOLON"(\C- TE\lP:S\ ~BRmAIN Ie CRA1f1PORD LAND SURYE;YIG 41: TOPOGRAPHIC IIWlPINO (tiT! Kfr-OEII - IETRO tilT) 46-0111 FAX No. (617) e~7 P.o. 801( 11174 . ~ lIClU1ll .RU*Y fCIIT WOR1ll. TI!XAI 78110 DiWI.: ~_"'4.cIOm APRIL 12, 2005. CITY OF THE COLONY UTILITY EASEMENT THE STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON That, JOE'S COUNTRY STORE, INC., AND GITA KIANA SAMADI, collectively GRANTOR herein, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual non-exclusive twenty one foot (21') utility easement for the purpose of constructing, maintaining, operating, repairing, altering, changing the size of, and removing or abandoning in place an initial pipeline and any additional pipelines necessary for the transportation of water and wastewater ("water and wastewater pipelines") together with all other rights necessary and convenient for that purpose ("Utility Purpose") installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities, pipelines, fittings, connections, valves, pumps and all structures or equipment necessary or ancillary to water and sewer utility operations (the "Facilities") in, into, upon, over, across, under and through all that certain 0.064 acres in Denton County, Texas described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such purposes, and together with a temporary construction, grading and access easement in, over and across those certain tracts or parcels of land containing approximately 0.101 acres of land as described in Exhibit "c" and shown on Exhibit "D" attached hereto and incorporated herein. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the permanent easement granted herein any temporary or permanent structures and if so placed upon the permanent easement GRANTEE shall have the right to remove the same, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. TO HA VE AND TO HOLD the above described permanent non-exclusive easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its 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. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, and/or zoning, platting or other governmental requirements that affect the land. Notwithstanding any provision herein to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land described herein, provided that such installation, repair, maintenance, alteration, replacement, relocation or operation does not interfere with any drainage or utility facilities within the permanent easement and is performed in accordance with all ordinances, regulations and permission of GRANTEE. Attachment 3 886282.2/SP2/13152/0102/030306 IN WITNESS WHEREOF, this instrument is executed this _ day of March, 2006. GRANTOR: Joe's Country Store, Inc. By: Gita Kiani Samadi, President Joe's Country Store, Inc. Certificate of Acknowledgment STATE OF TEXAS S 9 9 COUNTY OF DENTON BEFORE ME, , on this day personally appeared Gita Kiani Samadi, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same as the act of Joe's Country Store, Inc., a Texas corporation, as its President for which act she had full authority, and for the purposes therein expressed. Given under my hand and seal of office this _, day of , 2006. SUBSCRffiED AND SWORN TO BEFORE ME this _ day of to certify which witness my hand and seal of office. ,2006, Notary Public in and for the State of Texas My Commission Expires: Attachment 3 886282.2JSP2/13152/0102/030306 EXHIBIT nAn LEGAL DESCRIPTION PERMANENT SANITARY SEWER EASEMENT BEING 0.064 acre of land located in Lot 7, Block 4, GARZA - LITTLE ELM LAKE ESTATES, an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton County, Texas. Said 0.064 acre of land being more particularly described by metes and bounds, as follows: BEGINNING at a 1/2" iron rod found, at the Southeast corner of said Lot 7, said point lying in the North right-of-way line of Overlake Street; THENCE NORTHWESTERLY 20.40 feet, along the South boundary line of said Lot 7, with a curve to the left having a radius of 191.00 feet, a central angle of 060 07' 08", and a chord bearing N 570 37' 11" W 20.39 feet, to a point; THENCE N 190 141 37" E 135.94 feet, to a point in the North boundary line of said Lot 7; THENCE S 800 05' 13" E 20.27 feet, along the North boundary line of said Lot 7, to a point; THENCE S 190 141 37" W line of said Lot 7; 141.60 feet, to a point in the East boundary THENCE S 220 55' 19" W 2.26 feet, along the East boundary line of said Lot 7, to THE PLACE OF BEGINNING, containing 0.064 acre (2,795 square feet) of land. FNCOL ESM NO. 6 / / / / / / / / / LOT 9 / I / / / / / / / EXHIBIT "B" / \ LOH / LOT 5 // \ aLOCK 4 / \ G~ARZ~-UTTLE ELM / ;: LA E ESTATES VO 2, PG. 80 / - - R.D.C.T. / // "Y I \ \ / I / LOT 6 I I \ / S 80005' 13"EI 20.27' I / \ \ ~ / LOT 8 ~ A= 06007'08" R= 191.00' - - - L= 20.40' ~- N 57037'11"W (' --20.39' / ~ / " \ I I \ \ \ \ \ SCAlE 1"- 4<)' / / I / / / / / / I / - - - EXHIBIT "B" PERMANENT SANITARY SEWER EASEMENT 0.064 ACRE OF lAND LOCATED IN LOT 5. BLOCK 4, GARZA-UffiE ELM lAKE ESTATES COLONY, DENTON COUNTY. TEXAS \FNCOLONY\C-E'ASE8\ ~RIT'l'AIN & CRAltl'ORD lAND SUIMYING " 1'OPOGIWHIC WPINQ 1117) ft6-Ql!II - II!TRO (1/7) 4n-01I1 FAX No. (817) 82&-il347 P. O. BOX 11374 . 3801 IClUlH FREE"MY ~CIRT lIICIlllt. TEXAS 71110 DWL:~ APRIL 12. 2005 Exhibit IICn LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING 0.101 acre of land located in Lot 7, Block 4, GARZA - LITTLE ELM LAKE ESTATES, .an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton County, Texas. Said 0.101 acre of land being more particularly described by metes and bounds, as follows: BEGINNING at a point at the Southeast corner of said Lot 7; THENCE along the West boundary line of said Lot 7, as follows: 1. N 000 30' 3311 W 72.48 feet, to a point at the beginning of a non-tangent curve to the left; 2. NORTHEASTERLY 64.09 feet, along said non-tangent curve to the left having a radius of 60.00 feet, a central angle of 160 11' 5011, and a chord bearing N 310 171 4211 E 61.08 feet, to a point at the Northwest boundary corner of said Lot 7; THENCE S 800 05' 1311 E 33.49 feet, along the North boundary line of said Lot 7, to a point; THENCE S 190 14' 3711 W 135.94 feet, to a point in the South boundary line of said Lot 7; THENCE NORTHWESTERLY 21.47 feet, along the South boundary line of said Lot 7, with a curve to the left having a radius of 191.00 feet, a central angle of 060 26' 2611, and a chord bearing N 630 53' 5811 W 21. 46 feet, to THE PLACE OF BEGINNING, containing 0.101 acre (4,411 square feet) of land. FNCOL ESM NO. T6 Exhibit 0 I I \ LOT 4 / LOT 5 // \ aLOCK 4 I \ GA~RZA-UTTLE ELM / ~ LA E ESTATES VO . 2, PG. 80 I - - R.D.C.T. I /~ "'{ \ \ I I I I LOT 6 I / I / I I I S 80005' 13't 33.49' I I 6= 06026'26" R= 191.00' _ _ L= 21.47' - ~N 630S3'S8"W l' 2.1.46' I ..... I ~ / 8 ;I lie is g fr)' I , ~T71 N ~ I i~~ f; II 20. . I 0.... 0) ...... / \ \ 6= 61011 '50" R= 60.00' L= 64.09' ~ \ LC= N 31017'42"E ~ 61.08' LOT B / ~ .. .. ,." ,.".. .. co 0.... ,.". o N 01' o Z I I I I ~ I I / / POINT OF BEGINNIN I I I I '/2" IRON ROO Lo I I "~ I I / LOT 9 / I I I / I I / I I \ \ " / " / O~ ~,! ~~ ~- ~~ ~~ ~~ - - / I " " \ \ \ \ SCALE 1". <40' ~RITl'AIN ac CRAWFORD LAND SURVEYING " 1tlPOQRAPHIC WN'PING ("11 N&-Oell - M!TRO (liT) 46-1111t FAX No. (817) 1l2e-iJ47 P.o. 8C1lC 11374 . 38CllI IOUTH FREEWAY "CRT IICIRTH. T!XAI T'IIO !WoI1:~ PERMANENT SANITARY SEWER EASEMENT 0.101 ACRE OF lAND LOCATED IN LOT 5. BLOCK 4, GARZA-UTILE ELM LAKE ESTATES COLONY, DENTON COUNlY, TEXAS \FNCOLON'1\ c- TEMP6\ APRIL 12, 2005 ArelMS Viewer Page I of I OVE Rt:..A\<:E D'K. Attachment 4 " http://gismap.cityofthecolony.comlwebsite/imaplMapFrame.htm 3/212006 ~ CITY OF THE COLONY UTILITY EASEMENT THE STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON That, JOE'S COUNTRY STORE, INC., AND GITA KIANA SAMADI, collectively GRANTOR herein, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual non-exclusive twenty foot (20') utility easement for the purpose of constructing, maintaining, operating, repairing, altering, changing the size of, and removing or abandoning in place an initial pipeline and any additional pipelines necessary for the transportation of water and wastewater ("water and wastewater pipelines'') together with all other rights necessary and convenient for that purpose ("Utility Purpose") installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities, pipelines, fittings, connections, valves, pumps and all structures or equipment necessary or ancillary to water and sewer utility operations (the "Facilities") in, into, upon, over, across, under and through all that certain 0.044 acres in Denton County, Texas described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the permanent easement granted herein any temporary or permanent structures and if so placed upon the permanent easement GRANTEE shall have the right to remove the same, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. TO HA VB AND TO HOLD the above described permanent non-exclusive easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its 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. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, and/or wning, platting or other governmental requirements that affect the land. Notwithstanding any provision herein to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land described herein, provided that such installation, repair, maintenance, alteration. replacement, relocation or operation does not interfere with any drainage or utility facilities within the permanent easement and is performed in accordance with all ordinances, regulations and permission of GRANTEE. IN WITNESS WHEREOF, this instrument is executed this _ day of March, 2006. GRANTOR: Gita Kiani Samadi Attachment 5 886571.1/SP2I1315210102l022406 .."~-",,,_.....,,-,,--.-.~-._..~...._,",-.,...,~.,-.......,..-._,..,..,,.................-...__...-.......-:--"....._-_._~..._~......-t,~.__...,"....,.__~~__I'_.__.___~.._....r-'._.--~.-...-......... .-_._._--,..~~'~_w_-~_._.._---._.r~--_______.____w________."___n__ ACKNOWLEDGMENT STATE OF TEXAS S S COUNTY OF DENTON S BEFORE ME, the undersigned authority, on this day personally appeared Gita Kiani Sarnadi, known to me to be tbe person wbose name is subscribed to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of March, 2006. Notary Public in and for The State of Texas My Commission Expires: Attachment 5 886571.1 ISP2l1 31 52101 021022406 ......".~.........,_..,..~..-__....,._..<--~.,.u._..._...'~_,_...~.".__.,...._--"."._"........."..,-.._.~.,--..,....,.-,...,.,..,......~--~._--....~-'-"'_.i'--.-_--.......-._-_..-..._~__~_,______.~_, _........._____~_.___._____.____-.___.,_......'_.~_____._h____.____ EXHIBIT "A" LEGAL DESCRIPTION PBlUdANENT SANITARY SEWER EASEMENT BEING a 20 foot wide strip of land located in Lot 4, Block 4, GARZA - LITTLE ELM LAKE ESTATES, an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the Plat Records of Denton County, Texas. Said 20 foot wide strip of land being more particularly described by metes and bounds, as follows: BEGINNING at a point in the East boundary line of said Lot 4, and Said Point of Beginning being located N 170 13' 25" E 84.20 feet, from the Southeast corner of said Lot 4; THENCE WEST line of said Lot 4; 90.56 feet, to a point in the West boundary THENCE N 170 22' 57" W 20.96 feet, along the West boundary line of said Lot 4, to a point; THENCE EAST line of said Lot 4; 103.02 feet, to a point in the East boundary THENCE S 170 13' 25" W 20.94 feet, along the East boundary line of said Lot 4, to THE PLACE OF BEGINNING, containing 0.044 acre (1,936 square feet) of land. FNCOL ESM NO. 2 ~ \ ~1K4 GARZA - LIT1lE I..W LAKE ESTATES VOL. 2, PG. 0, P.R.D.C.T. \ \ ..... .... ~ LOT 4 ..... .... ~ (,~, PERMANENT SANITARY SEWEll EASEWDIT O.o.u ACRE /1.1:sa SQ.FT. I I ......... LOT 5 N 17022'57"W 20.96' EAST 1 03.02' ~ I POINT OF I BEGINNING / j / ~ / '- ;, / / ~ - - h~7"OF~' ,/ "'{ ''j!/ \ \ }--- - - WEST 90.56' S 17013'25"W 20.94' ...... ..... \ \ \ ...... LOT 3 ~ ..... ...... LOT 2 LOT 6 f , --- ----\ .---- LOT 1 \ \ l I I / / ,/ [ I I / I I I ------~ OVERtAKE STREET I I \ I I ~""'.....J I I / I SCALE 1"- 40' ~BRrrrAIN & CaADORD . lNI) 8UIM:l'IG .. 'lCPOClIWlIIC Wl'PlIIO "'11 _II - "TIlG (1171 _II! FAX No. (&17) eae-N47 '.G. _ IIsn . _ IllIl1II '_7 ,___rallo DMIJ ~ _..&.4.Oatft EXHIBIT "BU . PERMANENT SANITARY SEWER EASEMENT 0.044 ACRE OF lAND LOCATED IN LOT 4-, BLOCK 4, GARZA-UTIlE aM lAKE ESTATES COLONY, DENTON COUNlY, TEXAS \FNCOLDNY\C-i:ASE2\ APRIl 12, 2005 - " CITY OF THE COLONY UTILITY EASEMENT COUNTY OF DENTON ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS THE STATE OF TEXAS That, JOE'S COUNTRY STORE, INC., AND GITA KIANA SAMADI, collectively GRANTOR herein, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual non-exclusive approximately twenty foot (22') utility easement for the purpose of constructing, maintaining, operating, repairing, altering, changing the size of, and removing or abandoning in place an initial pipeline and any additional pipelines necessary for the transportation of water and wastewater ("water and wastewater pipelines") together with all other rights necessary and convenient for that purpose ("Utility Purpose") installing. repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating utility facilities, pipelines, fittings, connections, valves, pumps and all structures or equipment necessary or ancillary to water and sewer utility operations (the "Facilities") in, into, upon, over, across, under and through all that certain 0.038 acres in Denton County, Texas described in Exhibit "A" and shown on Exhibit "BOt attached hereto and incorporated herein. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the permanent easement granted herein any temporary or permanent structures and if so placed upon the permanent easement GRANTEE shall have the right to remove the same, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. TO HAVE AND TO HOLD the above described permanent non-exclusive easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its 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. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, and/or zoning, platting or other governmental requirements that affect the land. Notwithstanding any provision herein to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land described herein, provided that such installation, repair, maintenance, alteration, replacement, relocation or operation does not interfere with any drainage or utility facilities within the permanent easement and is performed in accordance with all ordinances, regulations and permission of GRANTEE. IN WITNESS WHEREOF, this instrument is executed this _ day of March, 2006. GRANTOR: Gita Kiani Samadi Attachment 6 886572.1/SP2I1315210102l022406 """"",''''''~''',",'"",y\-,~~.",,,-,''_'''__''''''''''''~'~~'_''''.''''''__.._"........~..."'.~..~......_....,__...,...,.v<....,.........._..,.......,._..........._______I_................-..,....... ..r...---'_._,..-~'--..-.--._..--~~..-....-~.,-.-----I""----_.--"-----__--.~........._____._..___~~.__._n._______ ACKNOWLEDGMENT ST ATE OF TEXAS ~ ~ COUNTY OF DENTON ~ BEFORE ME, the undersigned authority, on this day personally appeared Gita Kiani Samadi, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of March, 2006. Notary Public in and for The State of Texas My Commission Expires: Attachment 6 886572.1ISP2/13152/01021022406 ~.,,,.,...>..~,.~..~._~_,........,~._..__,..~.,~_.,,_~_..~__..~,~",~,~"_""""~,~__,,,,,,,_,___,___~,,,,,,,,,,,,,,,,.,".,_,,...,,._.~.._....-.~-_..__..._-I~.->._.._.-.'f"r-....-_._-....,..,...-,.,.-._. _"-__.I.__..'_.._......h_~_'_'_~~_._'_--I_~__~........___'_____.___._____.-._..~,-_.~----,,---,_._-----_._""--- EXHIBIT "A" LBGAL DESCRIPTION PERMANENT SANITARY SEWER EASEMENT BEING 0.036 acre of land located in Lot 5, Block 4, GARZA - LITTLE ELM LAKE ESTATES, an addition to The Colony, Denton County, Texas according to the plat recorded in Volume 2, Page 80 of the plat Records of Denton County, Texas. Said 0.038 acre of land being more particularly described by metes and bounds, as follows: BEGINNING at a point in the West boundary line of said Lot 4, Said Point of Beginning being located N 170 13' 25" E 84.70 feet, from the Southwest corner of Lot 5; THENCE N 170 13' 25" E 20.94 feet, along the South boundary line of said Lot 5, to a point; THENCE EAST 19.32 feet, to a point; THENCE S 690 30' 00" E 62.89 feet, to a point; THENCE S 250 30' 00" E 5.04 feet, to a point in the East boundary line of said Lot 5; THENCE S 390 25' 50" W 22.08 feet, along the East boundary line of said Lot 5, to a point; THENCE N 250 30' 00" W 6.31 feet, to a point; THENCE N 690 3D' 00" W 51.20 feet, to a point; THENCE WEST 21.90 feet, to THE PLACE OF BEGINNING, containing 0.038 acre (1,667 square feet) of land. FNCOL ESM NO. 3 10 .... ~ ..... ..... ~ ..... ..... ~ ..... ..... BLOCK <4. GARZA - U'I'lLE EUl lAkE ~ , VOl.. 2, PO. 80. P.R.D.C.T. / ..... ~ I EAST 19.32' ..... N 17013'25"[ 20.94' POINT OF BEGINNING ..... LOTI, LOTS LOT 6 I SCALE '''. 40' ~BRmAIN Ie CRAWFORD WI) IUMYlNG . taPOQllHIHIO WoI'PlIlQ . liT} _II - IeTaa I liT) -..111 M. _~1~4(1~~'::,_y rlll1''''''' _ T.IIG DWU U~_"d.lJMI EXHIBIT "B" PERMANENT SANITARY SEWER EASEMENT 0.038 ACRE OF LAND LOCATED IN LOT 5, BLOCK 4, GARZA-UmE ELM LAKE ESTATES COLONY, DENTON COUNTY, TEXAS \FIICOL.ONY\C-E'AS