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HomeMy WebLinkAbout2020-0120A Resolution for Aquisition by Purchase or CondemnationCERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTIES OF DENTON AND TARRANT I, the undersigned officer of the Board of Directors of Trophy Club Municipal Utility District No. 1, hereby certify as follows: 1. The Board of Directors of Trophy Club Municipal Utility District No. 1 convened in a regular meeting on January 20, 2020, within the boundaries of the District, and the roll was called of the duly constituted officers and members of the Board, to -wit: Gregory Wilson, President Bill Rose, Vice President Steve Flynn, Secretary/Treasurer Kelly Castonguay, Director Mark Chapman, Director and all of said persons were present, except N/A , thus constituting a quorum. Whereupon, among other business, the following was transacted at the meeting: a written RESOLUTION OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, FINDING AND DETERMINING THAT THE PUBLIC NECESSITY AND CONVENIENCE REQUIRE THE ACQUISITION OF PROPERTY RIGHTS FOR THE CONSTRUCTION AND OPERATION OF WATER LINES IN TARRANT AND DENTON COUNTY, TEXAS FROM THE DISTRICT PUMP STATION TO THE ELEVATED STORAGE TANK LOCATED ON T.W. KING ROAD (INCLUDING PARCELS 2(A), 2(B), AND 6); PROVIDING AUTHORIZATIONS TO ACQUIRE SUCH PROPERTY RIGHTS BY PURCHASE OR CONDEMNATION AND MAKING CERTAIN FINDINGS PERTAINING THERETO; PROVIDING FURTHER AUTHORIZATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE was introduced for the consideration of the Board. It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, the motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote: AYES: NOES: ABSTENTIONS: 5 2. That a true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the Resolution has been duly recorded in the Board's minutes of the meeting; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Board as indicated therein; that each of the officers and members of the Board was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and each of the officers and members consented, in advance, to the holding of the meeting; that the meeting was open to the public as required by law; and that public notice of the time, place and subject of the meeting was given as required by Chapter 551, Texas Government Code. SIGNED AND SEALED on this 20th day of January 2020. Steve Flynn, Secretary/Treasurer RESOLUTION NO. 2020-0120A RESOLUTION OF THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, FINDING AND DETERMINING THAT THE PUBLIC NECESSITY AND CONVENIENCE REQUIRE THE ACQUISITION OF PROPERTY RIGHTS FOR THE CONSTRUCTION AND OPERATION OF WATER LINES IN TARRANT AND DENTON COUNTY, TEXAS FROM THE DISTRICT PUMP STATION TO THE ELEVATED STORAGE TANK LOCATED ON T.W. KING ROAD (INCLUDING PARCELS 2(A), 2(B), AND 6); PROVIDING AUTHORIZATIONS TO ACQUIRE SUCH PROPERTY RIGHTS BY PURCHASE OR CONDEMNATION AND MAKING CERTAIN FINDINGS PERTAINING THERETO; PROVIDING FURTHER AUTHORIZATIONS AS MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Trophy Club Municipal Utility District No. 1 (the "District") is a municipal utility district created and operating under the authority of Chapters 49 and 54 of the Texas Water Code, as amended; WHEREAS, Section 49.218(b) of the Texas Water Code provides that a district shall have the right to acquire property by gift, grant, or purchase, and the right to acquire property shall include property considered necessary for the construction, improvement, extension, enlargement, operation, or maintenance of the plants, works, improvements, facilities, equipment, or appliances of a district; WHEREAS, Section 49.218(c) of the Texas Water Code provides that a district may acquire either the fee simple title to or an easement on all land, both public and private, either inside or outside its boundaries and may acquire the title to or an easement on property other than land held in fee; WHEREAS, Section 49.222(a) of the Texas Water Code provides that a district may acquire by condemnation any land, easements, or other property inside or outside the district boundaries necessary for sanitary sewer purposes or for any other of its projects or purposes and may elect to condemn either the fee simple title or a lesser property interest. Section 49.222(b) of the Texas Water Code provides that the right of eminent domain shall be exercised in the manner provided in Chapter 21, Property Code, except that a district shall not be required to give bond for appeal or bond for costs in any condemnation or other suit to which it is a party and shall not be required to deposit more than the amount of any award in any suit; WHEREAS, the Board of Directors of the District has found that in order to provide continuous and adequate retail water service to customers within the boundaries of the District, it is necessary to develop, construct, install, operate and maintain new public water transmission mains and related appurtenances and improvements generally extending from the district pump station to the elevated storage tank located on T.W. King Road (the "Project"); WHEREAS, public convenience and necessity requires acquisition of easement rights over the properties described and depicted in Exhibits 1 through 3 (referred to collectively as the "Easement Properties"), as provided by the Texas Water Code, Subchapter H, Chapter 29, Section 49.222, for the construction, operation, and maintenance of the Project. The exhibits are attached hereto and incorporated herein by reference; WHEREAS, the Easement Properties are located in Denton and Tarrant County, Texas as described below, and the fee owners of the Easement Properties are as follows: • Exhibit A (Parcel 2(a)): 0.0054 acres, more or less, located along the southern line of Indian Creek Drive, just east of Troon Drive, owned by the County of Denton, Trustee; • Exhibit B (Parcel 2(b)): 0.0695 acres, more or less, located northeast of the intersection of Davis Blvd and the north frontage road of State Highway 114, owned by Citibank, N.A.; • Exhibit C (Parcel 6); 0.0693 acres, more or less, located at 2900 State Highway 114, Trophy Club, Texas 76262, owned by Trophy Lodging, Ltd; WHEREAS, the District, through agents or representatives employed by or contracted with the District, has entered into good faith negotiations with the owners of the Easement Properties in order to acquire necessary property rights on the Easement Properties for the Project, and has been unsuccessful in acquiring the necessary property rights on the Easement Properties; WHEREAS, in conjunction with the enactment of this Resolution, the District authorized the initiation of eminent domain proceedings to acquire easement rights on the Easement Properties at a public meeting by a record vote, and the notice for the public meeting included all required information, including the consideration of the use of eminent domain to condemn property as an agenda item; and WHEREAS, the Board finds and declares that there is a public necessity for the District to acquire the Easement Properties for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, THAT: SECTION 1. The facts and recitations in the preamble of this Resolution are hereby found and declared to be true and correct and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2. The Board of Directors hereby finds, declares, determines and resolves that it is necessary for the welfare of the public and is in the public interest for the District to acquire easement interests over, under and across the Easement Properties for installation, maintenance and operation of the Project and to perform associated public purposes, in order to allow the District and/or its assigns to complete the installation, construction, operation and maintenance of the Project. SECTION 3. That the District, its staff, and its attorneys are specifically authorized to purchase easement rights on the Easement Properties; that the public convenience and necessity requires the acquisition of easement rights on the Easement Properties for the public purpose of the Project; that the District has made a good faith effort to negotiate a voluntary acquisition of easement rights on the Easement Properties; that it appears to the District that further negotiations to purchase easement rights on the Easement Properties voluntarily would be futile; that the public necessity requires the condemnation of easement rights on the Easement Properties for the Project; and that the District, its staff, and its attorneys are hereby authorized and directed to institute proceedings in eminent domain against the owners of the Easement Properties, and against all other owners, lienholders, or holders of an interest in the Easement Properties, in order to acquire easement rights on the Easement Properties. SECTION 4. That the District, its staff, and its attorneys are hereby authorized to do all things necessary and proper to carry out the intent and purpose of this Resolution, including determination of the property rights that are proper and necessary for the Project. SECTION 5. That all previous acts and proceedings done or initiated by the District's agents, representatives, or employees for the establishment of the Project and acquisition of the Easement Properties, including the negotiation for and/or acquisition of any necessary property rights are hereby authorized, ratified, approved, confirmed, and validated. This Resolution shall take effect immediately from and after its passage. SECTION 6. It is the intent of the Board of Directors that this Resolution authorize all processes and procedures for the acquisition, or the condemnation of all property required to complete the Project and to perform associated public purposes. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, the District's attorney is authorized to have such errors corrected or revisions made without the necessity of obtaining a new resolution from the Board of Directors authorizing the condemnation of the corrected or revised Property. SECTION 7. The President and the Vice President of the Board or either of them, and the Secretary and any Assistant Secretary of the Board, or any of them, together with the District's legal counsel and engineering consultants, are authorized to evidence adoption of this Resolution and to do any and all things necessary and proper to give effect to the intent hereof. RESOLVED this 20`h day of January 2020. ATTEST: .\)7 Steve Flynn, Secretary/Treasurer Board of Directors TROPHY CLUB MUNICIPAL UTILITY DISTRICT N • 1 By: Gregory Wilson, President Board of Directors Exhibit "A" Description of Property EXHIBIT "A" WATER EASEMENT BEING a tract of land in the W. Pea Survey, Abstract No. 1045 in the City of Trophy Club, Denton County, Texas, being a part of that tract of land described in Sheriffs Deed to County of Denton, Trustee, as recorded in County Clerk's Document No. (2017) 123433 in the Real Property Records of Denton County, Texas, and being more particularly described as follows: COMMENCING from a point for the common northeast corner of said County of Denton, Trustee tract and the northeast corner of Lot 1, Block 1 Church of Christ Addition, an addition to the City of Trophy Club, Denton County, Texas, as recorded in Cabinet U, Page 959 in the Plat Records of Denton County, Texas, being on the south right-of-way line Indian Creek Drive (a 80 foot wide right-of-way), from which a 1/2 -inch found iron rod with plastic cap stamped "J.E. SMITH 3700" bears North 58 degrees 16 minutes 36 seconds East, a distance of 0.16 feet; THENCE South 71 degrees 47 minutes 53 seconds East, along the common line between the north line of said County of Denton, Trustee tract and the south right-of- way line of said Indian Creek Drive, a distance of 71.19 feet to a 1/2 -inch set iron rod with blue plastic cap stamped "HALFF ESMT" (hereinafter referred to as "with blue cap") for the POINT OF BEGINNING; THENCE South 71 degrees 47 minutes 53 seconds East, continuing along said common line, a distance of 10.04 feet to a 1/2 -inch set iron rod with blue cap for corner; THENCE South 12 degrees 53 minutes 54 seconds West, departing said common line and 15 feet parallel to the east line of said County of Denton, Trustee tract to a point for corner on the common line between the south line of said County of Denton, Trustee tract and the north line of the remainder of that tract of land described as Tract VI in Special Warranty Deed to Gibraltar Savings Association, as recorded in Volume 837, Page 16 in the Deed Records of Denton County, Texas; THENCE South 89 degrees 40 minutes 34 seconds West, along said common line, a distance of 10.27 feet to a point for corner; THENCE North 12 degrees 53 minutes 54 seconds East, departing said common line and 25 feet parallel to the east line of said County of Denton, Trustee tract, a distance of 25.08 feet to the POINT OF BEGINNING AND CONTAINING 234 square feet or 0.0054 acres of land, more or Tess. A plat accompanies this legal description. loft C iRC5240 MON FS FW CR pit i 1330003.133?4:t0011CADO6SheetstEihi_nstE%H)t 0 0054 WE 33344 clan citew POINT OF COMMENCING 1/2' FIR W% 'JESMITH 3700' CAP BEARS I r ,,,58.16•36.E.0.16' SHERIFF'S DEED r--4 COUNTY OF DENTON. TRUSTEE DOC. NO. 12017) 123433 R.P.R.D.C.T. DENTON COUNTY LINE TARRANT COUNTY LINE LOT 1, BLOCK 1 CHURCH OF CHRIST ADD/TION CAB. U, PG. 959 DOC. 2003—R0062026 P.R.D.C. T. SPECIAL WARRANTY DEED LAKE CIT/ES CHURCH OF CHRIST DOC. NO. 2001—R0024492 D.R.D.C.T. UNDERGROUND EASEMENT -►I SOUTHWESTERN BELL TELEPHONE COMPANY VOL. 622, PG. 87 D.R.D.C.T. 1 0 15 30 — SCA -1"=30' 60 EXHIBIT "A" 0.0054 ACRE WATER EASEMENT SITUATED IN THE W. PEA SURVEY w ABSTRACT NO. 1045 i EE HALFFaM 4000 FOSSIL CREEK BLVD FORT WORTH, TEXAS 76137 (617) 047-1422 TBPLS FIRM NO 10029605 IN THE s�i•4� /1./95.3'6 1 PROJECT LOCATION 15' SANITARY SEWER EASEMENT DOC. NO. 93-R0018371 D.R.D.C.T. N12'53'54°E 25.08' POINT OF BEGINNING 571'47'53°E 10.04' SIR 1/2' FIR � (LEANING) r '\ VICINITY MAP NOT TO SCALE 0.0054 ACRE / 234 SO. FT. I / I I DEED l GIBRAL TAR SAV/NGS I I ASSOCIATION I I TRACT W / VOL. 837, PG. 16 I I D.R.D.C.T. / I I SPECIAL WARRANTY / / 1 / / / CITY OF TROPHY CLUB, DENTON COUNTY TEXAS Basis of Bearing is the Texas Coordinate System North Central Zone (4202), North American Datum of 1983 (NAD 83) 2011 adjustment, observed by RTK using the Leica SmartNet Network on 04/19/2018 Distances shown are US Survey feet displayed In surface values, scale factor Is 1.000150630 FIR • 51R O tch> D.R.D.C.T. P.R.D.C.T. O.R.T.C.T. R.P.R.D.C.T. DGN: EXH01_0.0054 WE_33344 dgn DATE: JANUARY 7, 2020 r I r S12'53'54'W 21.80' S89'40'34°W 10.27' vV. PEP SONO. 945 I ABSTR�� 1 / / / LEGEND / / TROPHY CLUB, INDIAN CREEK /` TOWNHOMES CAB. C, PG. 357 P.R.D.C.T. / FOUND IRON ROD CAP STAMPED HALFF ESMT•LASTIC POINT FOR CORNER CONTROL MONUMENT EXISTING PROPERTY LINE PROPOSED EASEMENT LINE EXISTING EASEMENT LINE DEED RECORDS DENTON COUNTY TEXAS PLAT RECORDS DENTON COUNTY TEXAS OFFICIAL RECORDS TARRANT COUNTY TEXAS REAL PROPERTY RECORDS DENTON COUNTY TEXAS AVO: 33344 PAGE NO.: 2 OF 2 PRIVATE DRIVE & UTILITY EASEMENT CAB. C, PG. 357 P.R.D.C.T. A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT O N�'e11 y ( r� DOUGLAS A. CALH(?UN ) i'. PFBr1V''+ i tJ I,Dou?Ns A. Coy,aW. R00:Sf area Pea lc 1610n0. lend Surv,yer, de hereby caralfy Mop 11115 Percol.es 0,000led from 0 survey 0e0n an Inc graom0 0n44r my un, arvlalon end alreeflon. Exhibit "B" Description of Property EXHIBIT "A" WATER EASEMENT BEING a tract of land in the W. Pea Survey, Abstract No. 1045 in the City of Trophy Club, Tarrant County, Texas, being a part of the remainder of that tract of land described as Tract VI in Special Warranty Deed to Gibraltar Savings Association, as recorded in Volume 837, Page 16 in the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING from a found brass monument in concrete stamped "TEXAS DEPARTMENT OF TRANSPORTATION" for the common south corner of said Gibraltar Savings Association tract, the southeast corner of Lot 1, Block 1 Church of Christ Addition, an addition to the City of Trophy Club, Denton County, Texas, as recorded in Cabinet U, Page 959 in the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southwest corner of Trophy Club Plantation, an addition to the City of Trophy Club, Denton County, Texas, as recorded in Cabinet C, Page 393 P.R.D.C.T., being on the north right-of-way line of State Highway 114 (a variable width right-of-way); THENCE North 00 degrees 31 minutes 15 seconds West, departing said north right-of-way line and along the common line between the west line of said Gibraltar Savings Association tract and the east line of said Lot 1, Block 1 Church of Christ Addition, a distance of 64.63 feet to a 1/2 -inch set iron rod with blue plastic cap stamped "HALFF ESMT" (hereinafter referred to as "with blue cap") for the POINT OF BEGINNING; THENCE North 00 degrees 31 minutes 15 seconds West, continuing along said common line, a distance of 43.09 feet to a 1/2 -inch set iron rod with blue cap for corner; THENCE North 12 degrees 53 minutes 54 seconds East, departing said common line and 25 feet parallel to the east line of said Gibraltar Savings Association tract, a distance of 265.45 feet to a point for corner on the common line between the north line of said Gibraltar Savings Association tract and the south line of that tract of land described in Sheriff's Deed to County of Denton, Trustee, as recorded in County Clerk's Document No. (2017) 123433 in the Real Property Records of Denton County, Texas; THENCE North 89 degrees 40 minutes 34 seconds East, along said common line, a distance of 10.27 feet to a point for corner; THENCE South 12 degrees 53 minutes 54 seconds West, departing said common line and 15 feet parallel to said east line, a distance of 98.72 feet to a point for corner; THENCE South 71 degrees 48 minutes 54 seconds East, a distance of 15.06 feet to a point for corner on the common line between the east line of said Gibraltar Savings Association tract and the west line of said Trophy Club Plantation; THENCE South 12 degrees 53 minutes 54 seconds West, along said common line, a distance of 10.04 feet to a point for corner; THENCE North 71 degrees 48 minutes 54 seconds West, a distance of 15.06 feet to a point for corner; THENCE South 12 degrees 53 minutes 54 seconds West, 15 feet parallel to the east line of said Gibraltar Savings Association tract, a distance of 200.95 feet to the POINT OF BEGINNING AND CONTAINING 3,026 square feet or 0.0695 acres of land, more or Tess. A plat accompanies this legal description. 1of2 C IRCS240 MO': FS FW MR pA NC) lq \ N CR 15' SANITARY SEWER EASEMENT DOC N0. 93-R0018371 D.R.D.C.T. SHERIFFS DEED COUNTY OF DENTON, TRUSTEE DOC. NO. (20171 123933 R.P.R.O.C. T. SPECIAL WARRANTY DEED' 1/2' FIR Y// ' \ •JESMITH 3700 GIBRALTAR SAVINGS ASSOCIATION CAP TRACT VI �T VOL. 837, PG. 16 1 1^ D.R.D.C.T. II W PEP S ND E p45 ABS�RAc- N12'53'54'E 265.45' -1-- LOT LOT 1, BLOCK 1 CHURCH OF CHRIST ADDITION CAB. U, PG. 959 UNDERGROUND EASEMENT—e1 SOUTHWESTERN BELL LEPHONE P.R.D.C.T. TE VOL. 622. P6. 87NY D.R.D.C.T. DOC. 2003-R0062026 SPECIAL WARRANT Y DEED LAKE C/TIES CHURCH OF CHRIST DOC. NO. 2001-R0029492 D.R.D.C.T. 15' SANITARY SEWER EASEMENT DOC. NO. 93-R0018371 D.R.D.C.T. SIR, 1.1r FND TxDOT \ BRASS IRON / \ (CM) EASEMENT ANO RIGHT OF WAY TEXAS POWER & LIGHT COMPANY TRACT 10 VOL. 1521, PG. 692 D.R.D.C.T. N L1 L2 L3 N00'31'15'W 43.09' 8swy / T/Y4/'lGNrpF.fy�t)� LINE TABLE 571'48'54'E S12'53'54'W N71'48'54'W 0 50 100 A1✓ � SCALE: 1"=100' 15.06' 10.04' 15.06' 200 EXHIBIT "A" 0.0695 ACRE WATER EASEMENT SITUATED IN THE W. PEA SURVEY ABSTRACT NO. 1045 IN THE / /1 1 1 1 1 _r,.� 0< •uo�J TJ 1 04-.1.42 !PROJECT LOCATION N89'40'34'E 10.27' 4:4:)).7.) / VICINITY MAP NOT TO SCALE DENTON COUNTY LINE TARRANT COUNTY LINE S12'53'54'W / 98.72' '\ l TROPHY CLUB, IND/AN CREEK- L1 C TOWNHOMES ` 1---, -P.R.D.C.T. I L2/` \``\\\ -- `\ ` \\ \ �/� CAB. C, PG. 357 1l 0.0695 ACRE 3,026 SO. FT. S12'53'54'W 200.95' 30' ACCESS AND / UTILITY EASEMENT CAB. C. PG. 393 1 --ism / P.R.D.C.T. ,I N00'31'15'W 64.63' 2ND r),DCT BRASS MON (CM) POINT OF COMMENCING CITY OF TROPHY CLUB, TARRANT COUNTY TEXAS Basis of Bearing is the Toxas Coordinate Syslom North Central Zone (4204 Noih American a Datum of 1983 (NAD 83) 2011 adjustment, observed by RTK using the Leica SmattNet Network ,., on 04/19/2018 Distances shown are US Survey feet displayed In surface values, scale factor is 1.000150630. s: HALFF I• w DGN:EXH01_0.0695WE 33344dyn 0 4000 FOSSIL CREEK BLVD FORT WORTH. TEXAS 78137 (817) 847-1422 I TBPLS FIRM DATE: DECEMBER 10, 2019 NO 101179825 FIR • SR 0 (CM) D.R.D.C.T. P.R.D.C.T. O.R.T.C.T. R.P.R.D.C.T. POINT OF BEGINNING 1 PRIVATE DRIVE & UTILITY EASEMENT CAB. C. PG. 357 P.R.D.C.T. 10' UTILITY ESMT. CAB. U. PG. 393 P.R.D.C.T. TROPHY CLUB PLANTATION CAB. C, PG. 393 P.R.D.C.T. SPECIAL WARRANTY DEED ARMORE - TROPHY CLUB, L L C DOC. NO. 0207951077 O.R.T.C.T. 50' ACCESS AND \`._ UTILITY EASEMENT CAB. C. PC. 393 P.R.D.C.T. EASEMENT AND RIGHT OF WAY TEXAS POWER & LIGHT COMPANY TRACT 11 VOL. 1521, PG. 692 D.R.D.C.T. LEGEND FOUND IRON ROD Y? SET IRON ROD W/BLUE PLASTIC CAP STAMPED 'HALFF ESMT' POINT FOR CORNER CONTROL MONUMENT EXISTING PROPERTY LINE PROPOSED EASEMENT LINE EXISTING EASEMENT LINE DEED RECORDS DENTON COUNTY TEXAS PLAT RECORDS DENTON COUNTY TEXAS OFFICIAL RECORDS TARRANT COUNTY TEXAS REAL PROPERTY RECORDS DENTON COUNTY TEXAS AVO: 33344 PAGE NO.: 2 OF 2 A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT I, 000910s A. CNhoun. Registered Professional Lona Surveyor.do hereby certify that thle parcel woe prepared from a survey made on the ground under my supervision and direction. Exhibit "C" Description of Property EXHIBIT "A" 10 FOOT WATER EASEMENT BEING a tract of land in the J. Henry Survey Abstract No. 528 in the City of Trophy Club, Tarrant County, Texas, being a part of that tract of land described in Special Warranty Deed to Trophy Lodging, LTD., as recorded in County Clerk's Document No. D213026264 in the Official Public Records of Tarrant County, Texas, and being a part of Lot 1, Block 1 Solana Land Addition, an addition to the City of Trophy Club, Tarrant County, Texas, as recorded in County Clerk's Document No. D215028083 in the Official Records of Tarrant County, Texas (O.R.T.C.T.), and being more particularly described as follows: COMMENCING from a point for the common northwest corner of said Lot 1, Block 1 Solana Land Addition and the northeast corner of Trophy Club Medical Plaza Lot 1, Block 1, an addition to the City of Trophy Club, Denton County, Texas, as recorded in Cabinet U, Page 822 in the Plat Records of Denton County, Texas (P.R.D.C.T.), being on the south line of Trophy Club Section Nine, an addition to the City of Trophy Club, Denton County, Texas, as recorded in Cabinet K, Page 74 P.R.D.C.T., from which a 5/8 - inch found iron rod with plastic cap (unreadable) bears North 18 degrees 10 minutes 25 seconds East, a distance of 0.17 feet; THENCE South 53 degrees 03 minutes 41 seconds East, departing said south line, a distance of 15.84 feet for the POINT OF BEGINNING; THENCE South 71 degrees 27 minutes 38 seconds East, 5 feet parallel to the north line of said Lot 1, Block 1 Solana Land Addition, a distance of 302.07 feet to a point for corner on the common line between the east line of said Lot 1, Block 1 Solana Land Addition and the west line of that tract of land described in Special Warranty Deed to Trophy Club Economic Development Corporation 4B, as recorded in County Clerk's Document No. D217236719 O.R.T.C.T.; THENCE South 18 degrees 23 minutes 03 seconds West, along said common line, a distance of 10.00 feet to a point for corner; THENCE North 71 degrees 27 minutes 38 seconds West, departing said common line and 15 feet parallel to said north line, a distance of 302.03 feet to a point for corner; THENCE North 18 degrees 11 minutes 06 seconds East, 15 feet parallel to the west line of said Lot 1, Block 1 Solana Land Addition, a distance of 10.00 feet to the POINT OF BEGINNING AND CONTAINING 3,021 square feet or 0.0693 acres of land, more or Tess. A plat accompanies this legal description. 1 of 2 C iRG5240 MON FS FW CR 00 I:V3000%,33344%001tCFO0ShemaEswbraERH31 00603 WE 33344. don 'o:S4•iS AM 4.502 POINT OF COMMENCING - N1811'06'E --10.00' �\ .� 3/8' ` '� FIR TROPHY CLUB MEDICAL PLAZA \\\ \ LOT 1, BLOCK / r CAB. U, PG. 822 \ \ r / P.R.D.C. T. 5/8' FIR W/CAP (UNREADABLE) BEARS N18'10'25'E 0.17' S53'03'41'E 15.84' POINT OF BEGINNING TROPHY CLUB SECTION NINE CAB. K, PG. 74 P.R.D.C. T. / WESTN(E I PROJECT LOCATION S71'27'38'E 302.07' REMAINDER OF SPECIAL WARRANTY DEED TROPHY CLUB 2850 MEDICAL PROPERTIES, LP F/K/A HCP CRS/ TROPHY CLUB TX, LP DDC. NO. 2005-12/807 / r / O.R.D.C. T. / / / / 1 / 15' UTILITY ESMT., DOC. NO. 0 083 / O.R.T.C.T. 15' DRAINAGE ESMT. �/ CAB. U. PG. 822 P.R.O.C.T. / / r / / / / / / / ter., / EASEMENT AND RIGHT OF WAY — TEXAS POWER & LIGHT COMPANY ----- TRACT I I S. '�- /` AV VOL. 1521, PG. 692 y / (� ` 14 72' ACCESS CAAND ' UTILIG. TYEASEMENT R! yT.pr 11',1D�y P.R.D.C.T. N7127'38'W 302.03' VICINITY MAP NOT TO SCALE EASEMENT AND RIGHT OF WAY ONCOR ELECTRIC DELIVERY COMPANT LLC DOC. D216058939 O.R.T.C.T. 5' WALL MAINTENANCE ESMT. DOC. 0215028083 O.R.T.C.T. 0.0693 ACRE 3,021 SO. FT. LOT 1, BLOCK 1 SOLANA LAND ADDITION DOC. NO. D215028083 O.R.T.C.T. SPECIAL WARRANTY DEED TROPHY LODGING, LTD. DOC. NO. D213026264 0.P.R.T.C.T. - S18'23'03'W 10.00' SPEC/AL WARRANTY DEED TROPHY CLUB ECONOMIC DEVELOPMENT CORPORATION 4B CALLED 5.359 ACRES DOC. NO. 0217236719 O.R.T.C.T. HENRY S No 528 J �RAC1 A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT EXHIBIT "A" 35' UTILITY EASEMENT DOC. N0. D215028083 O.R.T.C.T. 0.0693 AC 10' WATER EASEMENT SITUATED IN THE J. HENRY SURVEY ABSTRACT NO. 528 IN THE CITY OF TROPHY CLUB, TARRANT COUNTY TEXAS Basis of Bearing is the Texas Coordinate System North Central Zane (4202), North American Datum 011983 (NAD 83) 2011 adjustment, observed by RTI< using the Leica SmarlNet Network on 04/1912018 Distances shown are US Survey feet displayed In surface values, scale factor is 1.000150630 ;; HALFF=M tz 4000 FOSSIL CREEK BLVD FORT WORTH. TEXAS 76137 (817) 847-1422 TBPLS FIRM NO. 10028805 FIR • SIR 0 (CAO D.R.O.C.T, P.R.0.C.1. O.R.O.C.T. O.R.T.C.T. WATER ESMT. DOC. NO. 021502.8083 O.R.T.C.T. 0 50 100 SCALE: 1"=100' LEGEND FOUND IRON R00 V2 SET IRON ROD W/BLUE PLASTIC CAP STAMPED 'HALFF ESMT' POINT FOR CORNER CONTROL MONUMENT EXISTING PROPERTY LINE PROPOSED EASEMENT LINE EXISTING EASEMENT LINE DEED RECORDS DENTON COUNTY TEXAS PLAT RECORDS DENTON COUNTY TEXAS OFFICIAL RECORDS DENTON COUNTY TEXAS OFFICIAL RECORDS TARRANT COUNTY TEXAS 0.P.R.T.C.T. OFFICIAL PUBLIC RECORDS TARRANT COUNTY TEXAS DGN: EXH01 0.0693 WE 33344.dgn DATE: JANUARY 7. 2020 AVO: 33344 PAGE NO.: 2 OF 2 i 200 I, Doualoa L COO, • nealb r area Prat eaelanal Lana Survey0r,00 hereby Certify that this p ash.as prepsred from a survoy 0ado On the ground under my euper vlalon and dlrcarton.