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12/21/2015-CC-Agenda Packet-RegularCat URA geh TTEXAS AGENDA CITY COUNCIL MONDAY, DECEMBER 21, 2015 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Appoint Mayor Pro-Tem. 3. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 4. a) Approval of Minutes: December 7, 2015 - Work Session December 7, 2015 - City Council b) Disbursements c) Approve an Interlocal Agreement for Fire and Ambulance Services Between Denton County and the City of Sanger d) Approve Appointing Casey Barclay to the 4A Board e) Approve Appointing Scott Stephens to the Sanger Cultural Education Facilities Finance Corporation 5. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 6. Consider, Discuss and Possibly Approve Resolution #R12-17-15 - For a Low Income Housing Tax Credit Program for MWF Properties. 7. Consider, Discuss and Possibly Approve a Purchase and Sale Agreement Between the City of Sanger and the Sanger Industrial Development Corporation Regarding 125 Bolivar Street. 8. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.071 — Consultation With City Attorney to Receive Legal Advice Pertaining to Acquisition of Property on McReynolds Road. 9. RECONVENE: OPEN MEETING Any Action Taken. 10. Consider, Discuss and Possibly Approve Resolution #R12-16-15 — Authorizing the use of Eminent Domain to Condemn Property for the Acquisition of Slope, Drainage and Temporary Construction Easements on the Private Property of the Following for the Improvement of McReynolds Road (see Exhibit "A" of Proposed Resolution for Legal Description and Depiction of Easements). a) Roger Wayne Hartman and Linda Walden Hartman at 3000 McReynolds Road b) Alexander Living Trust at 3219 McReynolds Road c) Joe R. Falls and Patty J. Falls Revocable Living Trust and Falls Family Partners, Ltd, at 4489 McReynolds Road 11. INFORMATION ITEMS: a) All American Dogs Report — November 2015 12. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: 1&p4 ow/--5- at �i l�.m. and shall remain posted until meeting is adjourned. /— ``t` 1� %III1111fl11,,,,��s Tami Taber, City Secretary City of Sanger, Texas = \, _MINUTES: CITY COUNCIL WORK SESSION December 7, 2015 PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman Gary Bilyeu, Councilman David Clark, and Councilman Allen Chick OTHERS PRESENT: City Manager Mike Brice, Deputy City Secretary Cheryl Price, Meghann Piercy Joe R. Falls, Roger and Linda Hartman, Lee Allison, and Sue Allison 1. Call Meeting to Order. Mayor Muir called the meeting to order at 6:18 P.M. 2. Presentation by City Attorney on new Requirements of Chapter 176, Local Government Code Regarding Ethics Rules. The City Attorney detained in traffic and could not make it for the presentation. 3. Overview of Items on Regular Agenda. Mike Brice summarized items on the regular agenda. Mayor Muir called a short recess at 6:42 p.m. The meeting reconvened at 7:10 p.m. The City Attorney did not arrive. 4. Adjourn. Mayor Muir adjourned the meeting at 7:10 p.m. MINUTES: CITY COUNCIL MEETING December 7, 2015 PRESENT: Mayor Thomas Muir, Councilman Bill Boutwell, Councilman David Clark, Councilman Gary Bilyeu and Councilman Allen Chick OTHERS PRESENT: City Manager Mike Brice and Deputy City Secretary Cheryl Price, Joe Iliff, Joe Falls, Lee Allison, Sue Allison, Roger Hartman, Linda Hartman, Sam Alexander, Kelly Alexander, James Stovall 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:10 p.m. Councilman Boutwell led the Invocation followed by Councilman Clark leading the Pledge of Allegiance. Mayor Muir noted to the audience that No Action would be taken tonight on Executive Session Item Nos. 12 and 13 and Item No. 14 and would be moved to the December 21, 2015 meeting. The City Attorney is stuck in traffic not able to make the meeting because it would be at least two hours before he would arrive according to Google Maps. 2. Appointment of Council Member to Fill Place I Vacancy. A motion was made by Councilman Boutwell, seconded by Councilman Bilyeu to Nominate Lee Allison to fill City Council Place I vacancy. The motion carried unanimously (4-0 Vote). Lee Allison was sworn in to fill City Council Place I and took his seat. 3. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). Joe Falls, 4489 McReynolds Road, was recognized and spoke on Sin and explained it was the sin of omission he wanted to talk about. He challenged the City Council to put the effort into the cities needs and to study the agendas, the items proposed, the lay of the land and put in a great deal of effort to do the job they are appointed to do. On McReynolds Road, he noted they need to address the drainage issues and the right of way issues. He advised he does not want money but wants it for the safety of the public and the safety of the schools and the future of the road's needs. He said that it should be built in accordance to 10-15 years in advance. He noted that the school road part has satisfied his needs and he is not going to hold the project up. He wanted to find a way to avoid additional expenditures to the city and noted he could not speak for the other people in the audience that he is speaking for himself. Sam Alexander, 3219 McReynolds Road. He noted that he did not like the way the project has been handled. He said he explained that there were specific things that he asked in negotiation and when they came back to meet again nothing had changed. He said they are taking a lot of his front yard and will not commit what is going to happen to the trees. He said they are offering $1260 and they are going to level out the hills (his land is a hill) and his land would be shoved down the hill. He said when you start taking his dirt, it is his land, and you are taking his property. That nobody has come out to talk with him to tell him what exactly they are going to do. He noted he just got finished last year with the Bonnie Brae lawsuit in Denton, there was a utility line put on the people's property, and after two years, he got those people 1.2 million dollars for the City doing that illegally. He noted that they are also asking for a temporary easement and it is supposed to be paid for too. They are two separate things. It is all being lumped into one thing and it is not right. He said he is still waiting for the negotiation. Linda Hartman, 3000 McReynolds Road. Lived there for 20 years. Her daughter was hit by a car while getting on a school bus when she was in 2nd grade. They lowered the speed limit from 60 to 45 and put a sign up that said watch for school bus. She noted that the land was not a big deal and they were actually willing to give up the property for nothing until the city lowered the property values through the taxes which was pretty obvious what was going on. She said that property values have not gone down from what they were 10 years ago except for her property. She went to the Denton County Tax Office and fought them and they raised the value a little which she said is still not right. She added she wanted to make sure that all members were aware of the Amendment to the Constitution in 2012 that has to do with Eminent Domain and be very careful. She said she is not a vindictive person and not an unfair person, but will protect her family. She noted a Mesquite tree on her property that holds family memories and is where her brother's ashes are. She said that the tree is sacred; it is in the temporary easement, and they were willing to give her $100 for it — she said that she would not take $100,000 for that tree. CONSENT AGENDA 3. a) Approval of Minutes: November 16, 2015 - Work Session November 16, 2015 - City Council b) Disbursements c) Approve Appointing Jason Collett to the Parks Board — Place 4 d) Approve an Interlocal Agreement for Library Services Between Denton County and the City of Sanger Councilman Bilyeu made a motion to approve all items in the Consent Agenda as presented. Motion seconded by Councilman Boutwell. Motion carried unanimously (5-0). 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 6. Conduct a Public Hearing Regarding a Request for the use of Alternative Exterior Building Materials and/or Design for Proposed Single -Family Dwellings at 4907, 4909 and 4911 Lakepark Drive. Mayor Muir opened the Public Hearing at 7:40 and solicited any citizens who wished to speak either for or against. There were no citizens recognized. The Public Hearing was closed at 7:47. 7. Consider, Discuss and Possibly Approve the use of Alternative Exterior Building Materials and/or Design for Proposed Single -Family Dwellings at 4907, 4909 and 4911 Lakepark Drive. James Stovall, Hometown Classic Builders, 3220 Pabloma, Grand Prairie Texas, was recognized. Mr. Stovall provided photos and plans of the pop out bay window he was proposing for the three addresses. He noted that they were planning to use James Hardy Cement Siding around the window, which is a deviation from the material requirement around the window, and why he is here. He explained that the window is not considered an encroachment into the yard over the building line setback. Joe Iliff explained that there is an allowance in the Zoning to allow for projection into the setback where there is an overhang for an eve or projection out from the wall. The Building code deals with spacing from building to building. It was noted the pop out window would not project past the roofline. If approved this variance would only be for the three addresses provided tonight, any new requests would have to come before Council for approval. Councilman Bilyeu made a motion to approve the pop out bay window as proposed with James Hardy Board Cement Siding in the portions around the window at the base and around the window consistent with the plans as presented at the meeting. Motion seconded by Councilman Clark. Motion carried unanimously (5-0). 8. Consider, Discuss and Possibly Approve Change Order 1 for an Additional Amount of $75,000 for Well #9. Mayor Muir explained that this proposal is to get added volume out of the well by increasing the size. It was noted that $75,000 is the maximum amount. There was brief discussion regarding the the drilling of both of the wells. There was question as to whether the pump and motor would still work with the increase of volume. Mike Brice advised he would get with the Engineer tomorrow and let the Council know. This contract is for drilling the wells and does not include the pump, and the associated piping to get it into the system. These items will be included on the next contract. Councilman Bilyeu made a motion to approve Change Order 1 for an additional amount of $75.000 for Well #9. Motion was seconded by Councilman Boutwell. Motion carried unanimously (5-0). 9. Consider, Discuss and Possibly Approve Soliciting a Request for Qualifications for General Engineering and Related Services. Councilman Bilyeu made a motion to approve soliciting a Request for Qualifications for General Engineering and related services. Motion was seconded by Councilman Clark. Motion carried unanimously (5-0) 10. Consider, Discuss and Possibly Approve a Professional Services Agreement With Perkins Engineering Consultants, Inc. to Support Installation of Two Water Supply Wells (#8 & #9) and the Installation of Facilities to Connect the Wells to the Distribution System. There was brief discussion on the change from LNV to Perkins. There was also discussion regarding the quality of the water from the wells. It was noted this agreement was for both wells. Councilman Bilyeu made a motion to approve a Professional Services Agreement with Perkins Engineering Consultants, Inc. to Support Installation of Two Water Supply Wells (#8 & #9) and the Installation of Facilities to Connect the Wells to the Distribution System. Motion was seconded by Councilman Clark. Motion carried unanimously (5-0). 11. Consider, Discuss and Possibly Approve Ordinance #12-25-15 — Abandoning the Right - of -Way of Wagon Wheel Drive Between Sanger Circle Drive and Villas Drive. Joe Iliff was recognized and noted that this request is to abandon a small section of Wagon Wheel Drive between Sanger Circle and Villas Drive. This portion was on the plan and not constructed. This street segment is not necessary any more. It will be open space maintained by the Homeowner's Association. It is not a buildable portion since it it only 50 feet. There is a utility easement on the property and it will be noted on the plat. The plat will be updated. Councilman Boutwell made a motion to approve Ordinance #12-25-15 abandoning the Right - of -Way at Wagon Wheel Drive between Sanger Circle I Drive and Villas Drive. Motion was seconded by Councilman Bilyeu. Motion carried unanimously (5-0). 12. EXECUTIVE SESSION: CLOSED MEETING Pursuant to the Open Meetings Act, Chapter 551, the City Council will Meet in a Closed Executive Session in Accordance With the Texas Government Code: Section 551.071 — Consultation With City Attorney to Receive Legal Advice Pertaining to Acquisition of Property on McReynolds Road. No action taken. This Item will be on the December 21, 2015 Regular City Council meeting. 13. RECONVENE: OPEN MEETING Any Action Taken. No action taken. This Item will be on the December 21, 2015 Regular City Council meeting. 14. Consider, Discuss and Possibly Approve Resolution #R12-16-15 — Authorizing the use of Eminent Domain to Condemn Property for the Acquisition of Slope, Drainage and Temporary Construction Easements on the Private Property of the Following for the Improvement of McReynolds Road (see Exhibit "A" of Proposed Resolution for Legal Description and Depiction of Easements). a) Roger Wayne Hartman and Linda Walden Hartman at 3000 McReynolds Road b) Alexander Living Trust at 3219 McReynolds Road c) Joe R. Falls and Patty J. Falls Revocable Living Trust and Falls Family Partners, Ltd, at 4489 McReynolds Road No action taken. This Item will be on the December 21, 2015 Regular City Council meeting. 15. INFORMATION ITEMS: a) Financial and Investment Report — September & October 2015 b) ATMOS Energy Rider GCR — Rate Filing Under Docket No. 10170 16. Adjourn. Mayor Muir adjourned the meeting at 8:40 p.m. rni: UJtl,3J tteyUiar rayuie[Ica ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ENDS' -. NAME / I.D. DESC TYPE DATE DISCOUNT P14OUNT NO# AMOUNT 594u ALAN PLUMMER ASSOCIATES, INC 1-0000000038167 1416-002-01 INV#38167 R 12/09/2015 23,164.42CR 061758 23,164.42 5620 AMSCO SUPPLY I-3085546 AIR FILTERS R 12/09/2015 289.52CR 061759 289.52 2460 AT&T MOBILITY I-10/23/15-11/22/15 10/23/15-11/22/15 R 12/09/2015 714.79CR 061760 714.79 1550 ATMOS I-11/3/15-12/2/15 ATMOS 11/3/15-12/2/15 R 12/09/2015 517.57CR 061761 517.57 5610 AUSTIN LANE TECHNOLOGIES, INC I-20151208A DECEMBER MAINTENANCE R 12/09/2015 4,335.000R 061762 I-20160007 2016 ANNUAL HOSTING OF EMAIL R 12/09/2015 2,099.88CR 061762 6,434.88 8000 BERMAN, JAMES I-201512095878 TCEQ WASTEWATER CLASS R 12/09/2015 111.000R 061763 111.00 5690 BWI COMPANIES, INC I-13285491 CHEMICALS & fERTILIZERS R 12/09/2015 501.76CR 061764 501.76 0600 CITY OF SANGER I-12/l/15 10/19/15-11/17/15 D 12/09/2015 30,905.27CR 000000 30,905.27 1100 COLE14AN LAW FIRM I-201511205853 NOVEMBER-MUNICIPAL PROSECUTOR R 12/09/2015 675.000R 061765 675.00 0800 COSERV ELECTRIC I-201512075876 10/17/15-11/16/15 R 12/09/2015 3,086.22CR 061766 3,086.22 16F '`:OVER ONE -10415 MATTE COVERS BLACK R 12/09/2015 390.000R 061767 390.00 8190 DEPARTMENT OF INFORMATION RESOURCE I-201511235858 OCT LONG DISTANCE R 12/09/2015 36.19CR 061768 36.19 8150 ENDERBY GAS ((( I-63282 PROPANE R 12/09/2015 8.66CR 061769 8.66 3820 FERGUSON WATERWORKS I-0746131-1 HEAVY HEX NUT R 12/09/2015 60.000R 061770 60.00 rlbI: uItl3J ttequldr edy[Ile[LLS ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ENE '.NA14E / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 8790 FUEL14AN I-NP46110259 11/30/15-12/6/15 R 12/09/2015 1,430.46CR 061771 1,430.46 1070 GALLS INC. I-004398372 GALLS INC. R 12/09/2015 421.51CR 061772 I-004417500 RW705 BLK X3 RAINPANTS R 12/09/2015 68.25CR 061772 I-004420850 FW280 BLK 14 3E STEALTH FORCE R 12/09/2015 125.99CR 061772 I-004426087 AP898 ARC LISTEN ONLY EARPIECE R 12/09/2015 42.69CR 061772 I-004432517 NP827 BLK LXL ERGONOMIC DUTY B R 12/09/2015 88.84CR 061772 I-004432557 SP080 BLK LXL 5.11 COLD WEATHE R 12/09/2015 85.50CR 061772 832.78 2690 GEAR CLEANING SOLUTION I-10071A FIREFIGHTER PPE CARE&MAINTENAN R 12/09/2015 706.91CR 061773 706.91 9620 GOODYEAR COMMERCIAL TIRE I-233-1016515 TIRES R 12/09/2015 741.28CR 061774 741.28 8210 KWIK KAR I-42094 INSPECTION OF D. DOUTHITT TRUC R 12/09/2015 25.50CR 061775 I-42142 INSPECTION 2006 F550 16-58 R 12/09/2015 7.00OR 061775 32.50 1570 LOWE'S COMPANIES, INC. I-56888 PARK SUPPLIES FOR IN TRUCKS R 12/09/2015 206.02CR 061776 I-67440 BROOM, DUST PAN, INSULATION R 12/09/2015 178.47CR 061776 384.49 9030 MCCREARY, VESELKA, BRAGG & ALLEN, PC I-114696 OOCTOBER WARRANT COLLECTION R 12/09/2015 63.30CR 061777 63.30 14EGAN BREWER I-201512095877 COMM CENTER DEPOS R 12/09/2015 100.00OR 061778 100.00 I 861'. ')'REILLY AUTO PARTS C-243530 08-20 STARTER CREDIT R 12/09/2015 35.00 061779 C-246552 CREDIT -OIL FILTER R 12/09/2015 4.95 061779 I-1959-246132 FIRE DEPT TRUCK SUPPLIES R 12/09/2015 1.09CR 53.19CR 061779 I-1959-247348 PIN & CLIPS R 12/09/2015 0.28CR 13.70CR 061779 I I-245307 BUSHING R 12/09/2015 0.24CR ll.75CR 061779 I-246384 WINDOW REG, COPPER LUG R 12/09/2015 5.60CR 274.56CR 061779 I-246392 DECAL REMOVER R 12/09/2015 0.30CR 14.69CR 061779 I-246550 OIL FILTER R 12/09/2015 0.10CR 4.85CR 061779 I-246551 OIL FILTER R 12/09/2015 0.10CR 4.85CR 061779 ° I-246560 RING TERMINAL R 12/09/2015 0.24CR 11.54CR 061779 ! 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I-116056002 FIRE EQUIPMENT R 12/09/2015 88.20CR 061781 88.20 5510 PROGRESSIVE WASTE SOLUTIONS OF TX, INC I-1202230418 SLUDGE ROLL OFF R 12/09/2015 99.90CR 061782 99.90 1140 R & T ELECTRIC, LLC I-5877 INSTALLED TRANSFORMER, CONTRAC R 12/09/2015 300.000R 061783 300.00 4810 RLC CONTROLS, INC I-5724 RADIO R 12/09/2015 1,175.000R 061784 1,175.00 9410 SAMANTHA SPRINGS BOTTLING I-288812 WATER BOTTLES CITY HALL R 12/09/2015 17.90CR 061785 17.90 9400 SAMANTHA SPRINGS BOTTLING I-280320 SAMANTHA SPRINGS BOTTLING R 12/09/2015 53.80CR 061786 53.80 5020 SANGER HARDWARE I-A78078 HARDWARE SUPPLIES R 12/09/2015 16.76CR 061787 I-330514 HARDWARE SUPPLIES R 12/09/2015 10.25CR 061787 I-B30530 HARDWARE SUPPLIES R 12/09/2015 7.59CR 061787 34.60 5310 SANGER PLUMBING I-006411 GAS TO NEW A/C UNIT R 12/09/2015 875.000R 061788 875.00 6240 SCHAD & PULTE --197768 EMS SUPPLIES R 12/09/2015 19.000R 061789 19.00 5590 SCHNEIDER ENGINEERING I-0000029963 PROJECT NO 13SAN5102 R 12/09/2015 697.50CR 061790 697.50 1810 SPECIALTY RESCUE & FIRE I I-11313 HONDA FEET R 12/09/2015 30.000R 061791 30.00 8110 STRATEGIC GOVERNMENT RESOURCES, INC. I-9923 ANNUAL SUBSCRIPTION SGR LEARN R 12/09/2015 1,675.000R 061792 1,675.00 Abi: tteyuldx edyuieucS ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK END '..NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT N04 AMOUNT 2460 SUPREME PARTS WASHERS I-S32171 PARTS WASHER R 12/09/2015 150.00OR 061793 150.00 2690 TECHLINE, INC. 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I-20326 W-2 & 1099 FORMS R 12/16/2015 138.07CR 061806 138.07 I 9640 FIRST CALL I I-1959-247615 1159-20 DISC PAD SET R 12/16/2015 73.86CR 061807 73.86 3010 FIVE STAR SUPPLY CO INC. i I-5620 JANITORIAL SUPPLIES R 12/16/2015 163.88CR 061808 163.88 8790 FUELMAN i I-NP46155788 12/7/15-12/13/15 R 12/16/2015 1,597.59CR 061809 1,597.59 I i 9220 GRIFFITH, MARK i I-201512155887 CDL DRIVER'S LICENSE R 12/16/2015 61.000R 061810 61.00 j 7750 HOME DEPOT CREDIT SERVICES I-68400000151936 SUPPLIES R 12/16/2015 406.42CR 061811 406.42 9630 LARRY VERDIN I i I-472770 REPAIRS TO BUILDING R 12/16/2015 660.00CR 061812 660.00 4940 NTTA I-19122327 10/26/15 TRAVEL TOLLS R 12/16/2015 47.05CR 061813 47.05 2970 OFFICE DEPOT I-807829106001 OFFICE SUPPLIES R 12/16/2015 90.93CR 061814 I-807829107001 OFFICE SUPPLIES R 12/16/2015 159.03CR 061814 i I-808781145001 PERMANENT MARKERS R 12/16/2015 10.39CR 061814 260.35 I I 217 EINERT PAPER & CHEMICAL, INC. 1-337782 MULTIFOLD PAPER TOWELS R 12/16/2015 46.74CR 061815 I-337884 JANITORIAL SUPPLIES R 12/16/2015 48.63CR 061815 95.37 5970 REPUBLIC METER INC I-1232 ERTS R 12/16/2015 12,146.90CR 061816 12,146.90 9810 RLC CONTROLS, INC I-5726 WELL 6 FLOW REPLACE SUPPRESSOR R 12/16/2015 375.000R 061817 375.00 rnr: uiovi Keyuidr edyutencs ENDOR SET: 99 ANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK ENDOR_ NP14E / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# A140UNT 7751, AN[ANTHA SPRINGS BOTTLING I-280324 PD WATER BOTTLE SERVICE R 12/16/2015 12.9OCR 061818 12.90 6240 SCHAD & PULTE I-196048 EMS SUPPLIES R 12/16/2015 57.00CR 061819 57.00 6700 SOUTHERN TIRE MART, LLC I-48044296 P225/6OR16 FIREHAWK PV41 97VBW R 12/16/2015 184.62CR 061820 184.62 2690 TECHLINE, INC. I-1665317-00 SUPPLIES R 12/16/2015 68.00CR 061821 68.00 6960 TEXAS A&M UNIVERSITY PRESS I-1018518 2016-17 TEXAS AL14ANAC R 12/16/2015 24.71CR 061822 24.71 6550 UNIQUE PAVING 14ATERIALS I-250532 COLD LAY R 12/16/2015 1,O32.24CR 061823 1,032.24 3760 VAULTLOGIX I-2449782 INTERNET VAULT-NOV R 12/16/2015 1,1O6.4OCR 061824 1,106.40 * * T 0 T A L S * * NO# DISCOUNTS CHECK A14T TOTAL APPLIED REGULAR CHECKS: 24 0.00 22,151.77 22,151.77 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 1 0.00 300.00 300.00 VOID CHECKS: 2 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 27 0.00 22,451.77 22,451.77 AL ERRORS: 0 TOTAL WARNINGS: 0 THE COUNTY OF DENTON § § SANGER VOLUNTEER FIRE § DEPARTMENT STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT FIRE PROTECTION SERVICES THIS AGREEMENT, which has an effective date of October 1, 2015, is made and entered into by and between Denton County, a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger Volunteer Fire Department, a non- profit agency, located in Denton County, Texas, hereinafter referred to as "the AGENCY". WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of fire protection services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is the owner and operator of certain fire protection vehicles and other equipment designed for the extinguishing of fire and prevention of damage to property and injury to persons from fire and has in its employ trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to provisions of the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352, and NOW, THEREFORE, the COUNTY and the AGENCY, for the mutual promises, covenants, Agreements and consideration stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2015, and ending September 30, 2016. II. SERVICES The services to be rendered in accordance with this Agreement by the AGENCY are the fire protection services normally rendered by the AGENCY to citizens of the City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the 2015-2016Interlocal Cooperation Agreement --Fire Protection Services/Sanger Page I of COUNTY residing in the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. These services are rendered in consideration of the basic funding and the separate per call fee set forth in this Agreement for the common good and benefit and to serve the public convenience and necessity of the citizens of the COUNTY who are not otherwise protected with respect to fire prevention, extinguishment, safety and rescue services. The services to be rendered are as follows: A. The AGENCY shall make available and provide emergency fire prevention, extinguishment, safety and rescue services within the agreed or specified territory or jurisdiction of the AGENCY. B. The AGENCY shall respond to requests for fire protection services made within the portion of the COUNTY designated as "Sanger" as set out in Exhibit "A". C. The COUNTY agrees that, in the event a fire in the AGENCY's unincorporated designated area which the AGENCY considers to be of an incendiary nature and upon request by the AGENCY, the County Fire Marshal will dispatch investigation personnel to the fire scene within a response time sufficient to legally maintain and protect all evidence of said fire and will conduct all appropriate investigation and assist in the prosecution of any case of arson. The AGENCY shall not be responsible for investigations of suspected incendiary fires in the unincorporated areas, but shall cooperate with the County Fire Marshal in immediately relating all pertinent information possible to the investigator(s). D. The COUNTY agrees that the County Fire Marshal may assist in the conduct of appropriate investigations of a fire which the AGENCY considers to be of incendiary nature in the AGENCY's incorporated area upon request of the AGENCY. E. The AGENCY shall submit monthly statements on the Texas Fire Incident Reporting System's standardized forms to the Denton County Fire Marshal, 9060 Teasley Lane, Denton, Texas 76210-4010. This form will serve as the billing statement to the COUNTY for reimbursement of calls made in the unincorporated area. The Denton County Fire Marshal shall provide the forms upon request from the AGENCY. F. The AGENCY, in the performance of its duties and responsibilities under this Agreement, shall have the responsibility, within the sole discretion of the officers and employees of the AGENCY, except as otherwise determined by the Denton County Fire Marshal, to determine priorities in the dispatching and use of the AGENCY's equipment and personnel, and the judgment of any such officer or employee as to such matters shall be the final determination. 2015-2016 lnterlocal Cooperation Ageement— Fire Protection Services/Sanger Page 2 of 6 The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement for the mutual benefit of the COUNTY and the AGENCY. III. PERFORMANCE OF SERVICE The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. IV. COMPENSATION The COUNTY agrees to pay to the AGENCY for the full performance of services as provided in this Agreement the sum of $10,000.00, payable upon execution of this Agreement, and further agrees to pay the sum of $500.00 per fire call in the designated unincorporated areas of the COUNTY from October 1, 2015, to September 30, 2016, The COUNTY anticipates the AGENCY to run approximately 251 fire calls for a total funding of $125,500.00 for fire calls. The total payments by the COUNTY to the AGENCY pursuant to this Agreement are estimated to be $135,500.00, The COUNTY will make no payment to the AGENCY for service provided outside the agreed service district whether by Mutual Aid Agreement or otherwise. The AGENCY understands and agrees that payment by the COUNTY to the AGENCY shall be made in accordance with the normal and customary processes and business procedures of the COUNTY and in conformance with applicable state law. V. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. 2015-2016 Interlocal Cooperation Ag cement — Fire Protection Services/Sanger Page 3 of 6 V1. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. VII, RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, negligence and omissions of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. VIII. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by the Texas Government Code, Chapter 791 and the Texas Local Government Code, Chapter 352. This Agreement is made in contemplation of the applicability of these laws to the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. IX. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. X. TERMINATION This Agreement may be terminated any time, by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to the termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. 2015-2016 lnteriocal Cooperation Affeement — fire Protection Services/Sanger Page 4 of 6 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XI. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendition of fire protection services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent permitted by law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived, any immunity or defense that would otherwise be available to it against claims arising from the exercise of government powers and functions. XII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIII. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas. XIV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the fullest extent possible. XV. AUTIJORITY The undersigned officer or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties. 2015-2016 lnterlocal Cooperation Agreement — Fire Protection ServiceslSanger Page 5 of 6 XVI. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY AGENCY Denton County, Texas Sanger Volunteer Fire Department 110 West Hickory Street, 2nd Floor P.O. Box 1729 Denton, Texas 76201 Sanger, Texas 76266 im Mary Horn Denton County Judge Acting on behalf of and by the authority of Denton County Commissioners Court of Denton County, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: I Assistant District Attorney By Name Fire Chief Acting on behalf of and by the authority of the Sanger Volunteer Fire Department 1� 1 APPROVED AS TO CONSENT: Denton County Fire Marshall AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ accomplish and pay the obligation of Denton County under this Contract/Agreement. James Wells, Denton County Auditor to 2015-2016 Interlocal Cooperation Ageement — Fire Protection Services/Sanger Page 6 of 6 .... ...... gggpgS}qp y@ fill `4f Oii$F*,�.. tz o Y 99 w !:' i [3L! w En.. E� �qg'F� � j�x g .E5y �� i€£0.A. d•CC fH `F n u:£ O? ❑ W ❑ H H E age 1j n,, Li, B $ �[qig, �.ayyF apSOI ❑ THE COUNTY OF DENTON § § SANGER VOLUNTEER FIRE § DEPARTMENT -- AMBULANCE § SERVICES STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT AMBULANCE, SERVICE THIS AGREEMENT, which has an effective date of October 1, 2015, is made and entered into by and between Denton County a political subdivision of the State of Texas, hereinafter referred to as "the COUNTY," and the Sanger Volunteer Fire Department, a non- profit agency, located in Denton County, Texas, hereinafter referred to as "the AGENCY WHEREAS, the COUNTY is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, the AGENCY is a non-profit agency, duly organized and operating under the laws of the State of Texas and engaged in the provision of ambulance services and related services for the benefit of the citizens of the City of Sanger; and WHEREAS, the AGENCY is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirmed or injured and has in its employ trained personnel whose duties are related to the treatment of said individuals and the use of such vehicles and equipment; and WHEREAS, the COUNTY desires to obtain emergency ambulance and related services for the benefit of residents of the COUNTY living in unincorporated areas of the COUNTY which the AGENCY is capable of providing; and WHEREAS, the provision of emergency ambulance and related services is a governmental function that serves the public health and welfare and is of mutual concern to both the COUNTY and the AGENCY; and WHEREAS, the COUNTY desires to expend County funds to defray the expense of establishing, operating and maintaining emergency ambulance services in the County; and WHEREAS, the COUNTY and the AGENCY mutually desire to be subject to and contract pursuant to the provisions of Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774.003, and 2015-2016Interlocal Cooperation Agreen-enl-Ambulance Services/Sanger Page 1 of NOW THEREFORE, the COUNTY and the AGENCY, in consideration of the mutual promises, covenants, and Agreements stated herein, agree as follows: I. TERM The term of this Agreement shall be for the period beginning of October 1, 2015, and ending on September 30, 2016. 11. DEFINITIONS As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether an emergency, in fact, exists is solely up to the discretion of the AGENCY. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to a place where emergency medical treatment may be obtained; or 2. The representation by the individual requesting ambulance service that an immediate need exists for the transportation of a person from any location within the agreed operating area of the AGENCY to the closest medical facility. B. "Rural area" means any area within the boundaries of the COUNTY, but outside the corporate limits of all incorporated cities, towns and villages within the COUNTY. C. "Urban area" means any area within the corporate limits of an incorporated city, town or village within the COUNTY. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of the AGENCY in a situation involving an emergency, as defined above, by an ambulance vehicle. A single response to a call may involve the transportation of more than one person at a time, but shall be considered as only one call. III. SERVICES The services to be rendered under this Agreement by the AGENCY are the ambulance services normally rendered by the AGENCY to citizens of City of Sanger in circumstances of emergency, but which services will now be extended to all citizens of the COUNTY residing in 2015-2016 Interlocal Cooperation Agreeirent-Ambulance Services/Sanger Page 2 of 7 the unincorporated areas of the COUNTY within the operating territory or jurisdiction of the AGENCY, as agreed to by the AGENCY and the COUNTY in this Agreement and as set forth in "Exhibit A," attached hereto and incorporated herein by reference. It is recognized that the officers and employees of the AGENCY have the duty and responsibility of rendering ambulance services to citizens of the AGENCY and the COUNTY. In the performance of these duties and responsibilities, it shall be within the sole responsibility and discretion of the officers and employees of the AGENCY to determine priorities in the dispatching and use of such equipment and personnel and the judgment of the officer or employee shall be final. The COUNTY shall designate the County Judge to act on behalf of the COUNTY and to serve as "Liaison Officer" between the COUNTY and the AGENCY. The County Judge, or her designated substitute, shall devote sufficient time and attention to insure the performance of all duties and obligations of the COUNTY under this Agreement and shall provide for the immediate and direct supervision of employees, agents, contractors, sub -contractors and/or laborers of the COUNTY engaged in the performance of this Agreement. IV. PERFORMANCE OF SERVICES The AGENCY shall devote sufficient time and attention to insure the performance of all duties and obligations of the AGENCY under this Agreement and shall provide immediate and direct supervision of the AGENCY's employees, agents, contractors, sub -contractors and/or laborers engaged in the performance of this Agreement for the mutual benefit of the AGENCY and the COUNTY. V. COMPENSATION COUNTY agrees to pay to the AGENCY an estimated fee of $124,806.00 (amount rounded to the nearest dollar) based on a funding formula as follows: 1. A fixed sum based on a population percentage .5046 per capita; said sum computes to $7,282.59. 2. A fixed sum of $248.9627 per ambulance transport for an estimated maximum amount of $39,093.93. Said sum is based upon 158 transports made by the AGENCY in fiscal year 2015. 3. A fixed sum based on 113.73 rural miles in the agreed operating territory; said sum computes to $78,429.49. 2015-2016 Interlocal Cooperation Agreerrent-Ambutance services/Sanger Page 3 of 7 The first and third sums are based upon population and mileage figures obtained from the North Central Texas Council of Governments. The second sum is based upon the definition of an "ambulance call" for purposes of this Agreement. Payment shall not be allowed for any instance in which a patient is not transported. Consistent with the reporting procedures described below, the AGENCY shall receive payment for transporting the patient regardless of the service delivery area in which the call originated. Requests for payment shall be submitted on the standardized ambulance transportation reporting form approved and provided by the COUNTY. It shall be the responsibility of the AGENCY to fully complete the forms and to provide complete and accurate patient information. Requests for payment shall be submitted within five (5) days of the performance of service by the AGENCY. Requests not timely submitted shall not be considered for payment. Requests for payment may be submitted by personal delivery, U.S. Mail, facsimile or computer telephone link to the office of the Denton County Fire Marshal. The date of submission shall be the date the fully documented request is received in said office. VI. FINANCIAL RECORDS The AGENCY agrees to make its financial records available for audit and/or review by the COUNTY, upon request by the COUNTY. VII. RESPONSIBILITY OF THE COUNTY The COUNTY, to the extent permitted by law, shall be responsible for the acts, omissions and negligence of all officers, employees and agents of the COUNTY who are engaged in the performance of this Agreement. Vill. RESPONSIBILITY OF THE AGENCY The AGENCY, to the extent permitted by law, shall be responsible for the acts, omissionsand negligence of all officers, employees and agents of the AGENCY who are engaged in the performance of this Agreement. IX. APPLICABLE LAW The COUNTY and the AGENCY understand and agree that liability under this contract is governed by Texas Government Code, Chapter 791 and Texas Health and Safety Code, Section 774,003, This Agreement is made in contemplation of the applicability of these laws to 2015-2016 lnterlocal Cooperation Agreement -Ambulance Services/Sanger Page 4 of 7 the Agreement. Insofar as legally possible the COUNTY and the AGENCY agree to be bound by the above mentioned statutes as they exist as of the date of this Agreement. X. DEFAULT In the event of default of any of the covenants herein contained, this Agreement may be terminated at the discretion of the non -defaulting party if such default continues for a period of ten (10) days after notice to the other party in writing of such default and the intent to terminate this Agreement due to the default. Unless the default is cured, this Agreement shall terminate. XI. TERMINATION This Agreement may be terminated at any time by either the COUNTY or the AGENCY by giving sixty (60) days advance written notice to the other party. In the event of termination by either party, the AGENCY shall be compensated pro rata for all services performed to termination date together with reimbursable expenses then due as authorized by this Agreement. In the event of such termination, should the AGENCY be overcompensated on a pro rata basis for all services performed to the termination date and/or be overcompensated for reimbursable expenses, the COUNTY shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. XII. GOVERNMENTAL IMMUNITY The fact that the COUNTY and the AGENCY accept certain responsibilities relating to the rendering of ambulance services under this Agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and is hereby, invoked to the extent permitted under the law. Neither the AGENCY, nor the COUNTY waive, nor shall be deemed to have hereby waived any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. 2015-2016 tnterlocal Cooperation Agreeuent-Ambulance Services/Sanger Page 5 of 7 XIII. ENTIRE AGREEMENT This Agreement represents the entire Agreement between the COUNTY and the AGENCY and supersedes all prior negotiations, representations and Agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. XIV. LAW OF CONTRACT This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The venue for any dispute, or matter, arising under this Agreement shall lie in Denton County, Texas, XV. SEVERABILITY In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions of this Agreement shall remain valid and in full force and effect to the fullest extent possible. XVI. AUTHORITY The undersigned officer or agents of the parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties. XVII. SERVICE AREA Acceptance of this Agreement constitutes approval of the service area set out in attached Exhibit "A". EXECUTED in triplicate originals on the dates set forth below. COUNTY: Denton County, Texas 110 West Hickory Street, 2nd Floor Denton, Texas 76201 Mary Horn Denton County Judge AGENCY: Sanger Volunteer Fire Department City of Sanger P.O. Box 1729 Sanger, Texas 76266 By: — Name Title 2015-2016 tnterloeal Cooperation Agreement -Ambulance Services/Sanger Page 6 of 7 Acting on behalf of and by the authority of Denton County Commissioners Court of Denton, Texas DATED: ATTEST: BY: Denton County Clerk APPROVED AS TO FORM: Assistant District Attorney Acting on behalf of and by the authority of the Sanger Volunteer Fire Department DATED: APPROVED AS TO CONTENT: Denton County Fire Marshal AUDITOR'S CERTIFICATE I hereby certify that funds are available in the amount of $ to accomplish and pay the obligation of Denton County under this Agreement. James Wells, Denton County Auditor 2015-2016 Interlocal Cooperation Agreen-ent-Ambulance Services/Sanger Page 7 of 7 au�ge�i *TEXAS 201- BOARD AND COMMISSION APPLICATION NAME: Casey Barclay DATE: 12/4/15 ADDRESS: PO Box 932, Sanger TX 76266 HOME PHONE: EMAIL: OCCUPATION: (If retired, describe former occupation or profession) Vice President / Banking PRIOR SERVICE ON A CITY BOARD/COMMISSION? XXYES NO IF YES, PLEASE DESCRIBE: Sanger Board of Adjustments Sanger P&Z (Backup) Sanger Cultural Education Facilities Finance Corp PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 1 4A BOARD 4B BOARD OTHER LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): Do you understand that attendance and active support is required for each appointee? IX Yes ❑ No Signature: Date: IgAVL RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. au�geh TTEXAS 2011 BOARD AND COMMISSION APPLICATION NAME: DATE ADDRESS: Cr- -7 Pr ? 6 26 0 HOME PHONE: BUSINESS PHONE: ) a,, - lino CELL PHONE: EMAIL: OCCUPATION: (If retired, describe former occupation or profession) L PRIOR SERVICE ON A CITY BOARD/COMMIS,' NO IF YES, PLEASE DESCRIBE: �7 rl.v f v e,.Ot- 7- PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC., LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 14B BOARD -j-OTHER LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): Do you understand that attendance and active support is required for each appointee? 8-es 0 No Signature: Date: RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. RESOLUTION 4R12-17-15 WHEREAS, MWF Properties has proposed a development for affordable rental housing in the City of Sanger; and WHEREAS, there is a need for affordable housing for the City of Sanger's citizens of modest means; and WHEREAS, MWF Properties intends to submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2016 Low Income Housing Tax Credit Program funds; and WHEREAS, there is a requirement for a de minimis commitment of development funding by the Local Political Subdivision; and WHEREAS, the City of Sanger supports construction at the site indicated by the developer at the December 21, 2015, City Council Work Session. Be it resolved that: This resolution affirms the City of Sanger's support; and Confirms the City of Sanger will provide a loan, grant, reduced fee or contribution of other value for the benefit of the development in the amount of $10. Resolved on the day of December 2015. Mayor Thomas Muir ATTEST: Tami Taber, City Secretary PURCHASE AND SALE AGREEMENT This Purchase and Sales Agreement ("Agreement") to buy and sell real property is entered between Seller and Buyer as identified below and is effective on the date ("Effective Date") of the last of the signatures by Seller and Buyer as parties to this Agreement, acknowledgement by Title Company of receipt of this Agreement. Seller: City of Sanger Attn: City Manager 502 Elm Street Sanger, Texas 76266 Phone: (940) 458-7930 Fax: (940) 458-4180 Type of entity: Texas Home Rule Municipality Buyer: Sanger Industrial Development Corporation Attn: Don Gillum, President P. O. Box 1729 Sanger, Texas 76266 Phone: (940) 458-7930 Fax: (940) 458-4180 Type of entity: A Texas non-profit corporation Title Company: Freedom Title 3624 Long Prairie Rd. #101 Flower Mound, Texas Attn: Cory Corbin Property: See Exhibit "A" attached. Inspection Period: Period ending 30 calendar days after the Effective Date. Closing Date: Within ninety (90) days after the Effective Date. Purchase Price: $ , the fair market value as determined by an appraisal obtained by the Seller. Additional Consideration: None Earnest Money: None Effective Date: Last date of execution of this Agreement by the parties. 74091 NOW, THEREFORE, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Sale and Purchase. Seller agrees to sell, and Buyer agrees to purchase, the Property and improvements thereon as provided in this Agreement. 2. Title, Survey, and Environmental Reports. (a) Not later than fifteen (15) calendar days after the Effective Date of this Agreement, shall deliver to Buyer: (i) a current commitment for title insurance for the Land, from the Title Company setting forth the state of title to the Land together with any easements or restrictions (existing or created pursuant hereto) benefiting the Land, together with all exceptions or conditions to such title; and (ii) legible copies of all documents referenced in the title commitments. The cost for providing the above shall be borne by the Buyer. (b) If Buyer objects to any of the exceptions contained in the Title Commitment, Buyer's objections must be made in writing to Seller not later than ten (10) calendar days after the date Buyer receives the title commitment and the survey. Seller shall in good faith attempt to satisfy or cure the objections to title prior to closing, but Seller shall not be required to incur any cost to do so. (c) If Seller delivers written notice to Buyer on or before the Closing Date that Seller is unable to satisfy such objections, or if Seller is unable to convey title in accordance with Section 3, below, Buyer may either waive such objections and accept such title as Seller is able to convey, or terminate this contract by written notice to Seller. 3. Inspection Period. (a) During the Inspection Period, Buyer and Hollingsworth Manufacturing Company, Inc. ("HMC") and their respective agents or employees shall have the right to enter upon the Property during regular business hours upon reasonable notice and conduct such inspections, tests and studies as they may deem necessary. (b) Seller understands and acknowledges that Buyer has or intends to enter an agreement to sell the Property to HMC. Buyer will be solely responsible for any damages to the Property caused by HMC's inspection of the Property. Buyer shall further require and obtain agreement from HMC to repair any damage to the Property caused by HMC, its officers, employees, partners, agents or invitees, and further agree to indemnify and hold Seller harmless from and against any and all claims, liabilities or damages to the Property or against Seller caused by HMC and/or HMC's authorized agents', representatives' or employees' negligent or 74091 intentional acts or omissions during the Inspection Period or as a result of any inspection of the Property by such parties. (c) Buyer may terminate this Agreement by notifying Seller and Title Company in writing prior to Closing if HMC terminates its Purchase and Sale Agreement with Buyer. In such event neither party shall have any further claim against the other under this Agreement. 4. Closin . (a) At the Closing, Seller shall deliver to the Title Company: (i) a special warranty deed, in form and substance reasonably acceptable to Seller and Buyer, conveying good and indefeasible title to the Property to Buyer free and clear of any and all encumbrances, except the Permitted Exceptions; (ii) possession of the Property, free of parties in possession; (iii) such other documents that the Title Company may reasonably require of Seller. (b) At the closing, Buyer shall deliver to Seller through Title Company: (i) the Purchase Price in cash or immediately available funds; (ii) such other documents that the Title Company may reasonably require of Buyer. 5. Taxes. Buyer understands and acknowledges the Property is presently exempt from the assessment of ad valorem taxes, which status will change upon conveyance of the Property by Buyer to HMC. Buyer shall ensure that HMC has agreed to be responsible for payment of current year taxes on the Property prorated from the date of Closing to December 31 of the year of Closing. 6. Brokers' Commissions. Buyer and Seller each represent that they have not been represented in whole or in part by a licensed Texas Real Estate broker or agent and that no commission or fee is to be paid at Closing to any real estate broker or agent. 7. Closing Costs. To the extent not paid by HMC pursuant to the closing of the sale of the Property by Buyer to HMC, Seller and Buyer each hereby agree to pay and be responsible for one-half of the closing costs, including, but not limited to: (i) Title Company's escrow fees; (ii) The cost of all tax certificates relating to all taxes and other assessments incurred or arising in relation to the Property, 74091 (iii) Any fees or premiums related to issuance of a Owner's Title Policy and any endorsements made thereto; provided, however, it is understood and agreed that the parties shall execute such documents as required by the Title Company so that the cost of the Owner's Title Policy and any related endorsements are passed through to the sale of the Property by Buyer to HMC, it being the intent of Buyer and Seller that only one title policy by issued in favor of HMC following the concurrent closing of this transaction and the transaction between Buyer and HMC; (iv) Recording fees for the special warranty deed; (v) All fees for the preparation of any Phase I environmental study, to the extent such fees are not paid outside of Closing and not chargeable to HMC; and (vi) Such other incidental costs and fees customarily paid by sellers and buyers of real estate in Denton County, Texas for transactions of a similar nature to the transaction contemplated herein. 8. Permitted Exceptions. Buyer acknowledges and agrees that the Property will be conveyed subject to the existing zoning, the statutory lien for current taxes, and the environmental condition, which shall be deemed to be Permitted Exceptions. 9. Property Restriction: Seller and Buyer agree and understand that the Property is being conveyed by Seller without competitive bids pursuant to TEx. Loc. GOVT CODE §272.001 (b)(4). Buyer agrees to serve as an independent foundation to have the Property developed as follows: (i) Buyer agrees that the Property is to be sold to HMC, along with additional property, for the construction of a two-story office building on the property being conveyed by Buyer to HMC and expansion of HMC's existing business enterprise, an economic development for the benefit of the City. 10. Representations and Covenants. (a) Seller represents and covenants that: (i) Seller has authority to enter into this Agreement; (ii) no other person has any interest in or claims against the Property (other than as reflected by the title commitment); and (iii) Seller will not hereafter encumber the Property. (b) Buyer represents that it has authority to enter into this Agreement. The only representations made by any party concerning the Property and this Agreement are as set out in this Agreement. 74091 11. Land Sold "AS IS." (a) Buyer represents that as of the Closing Date that it: (i) will have made all investigations as Buyer deems necessary or appropriate and; (ii) will be relying solely upon Buyer's inspection and investigation of the Property for all purposes whatsoever, including, but not limited to, the determination of the condition of the structures, improvements, soils, subsurface, drainage, surface and groundwater quality, and all other physical characteristics; availability and adequacy of utilities; compliance with governmental laws and regulations; access; encroachments; acreage and other survey matters and the character and suitability of the Property. (b) Buyer acknowledges and agrees that the Property and the improvements located thereon are being purchased and will be conveyed "AS IS" with all faults and defects, whether patent or latent, as of the Closing. (c) Buyer further acknowledges and agrees there have been no representations, warranties, guarantees, statements or information, express or implied, pertaining to the Property or the improvements, its condition, or any other matters whatsoever, made to or furnished to Buyer by Seller or any employee or agent of Seller, except as specifically set forth in this Agreement. 12. Remedies. If Buyer defaults in the provisions of this Agreement and fails to cure such default not later than ten (10) days after written notice describing the nature of the default is delivered by Seller to Buyer, Seller's sole remedy shall be to terminate this Agreement. If Seller defaults in the provisions of this Agreement and fails to cure such default not later than ten (10) days after written notice describing the nature of the default is delivered by Buyer to Seller, Buyer's sole remedy shall be to terminate this Agreement. 13. Notices. Any notice required by or permitted under this Agreement must be in writing and will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this Agreement. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, electronic mail, or other commercially reasonable means, in which case the notice will be deemed effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. In addition to providing a notice to the parties, copies of each notice must be given by to: Attorney for Buyer: Nichols, Jackson, Dillard, Hager & Smith, L.L.P. 1800 Lincoln Plaza 500 N. Akard 74091 Dallas, Texas 75201 Attn: Robert L. Dillard III Phone: (214) 965-9900 Fax: (214) 965-0010 14. Miscellaneous. (a) Entireties. This Agreement contains the entire agreement of the parties pertaining to the Property. (b) Modifications. This Agreement may only be modified by a written document signed by both parties. (c) Assignment. Buyer may not assign its rights under this Agreement to any entity without the express written consent of Seller. (d) Time is of the Essence. Time is of the essence with respect to the performance by the parties of their respective obligations hereunder. (e) Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Texas; and venue for any action arising fiom this Agreement shall be in Denton County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. (f) Counterparts. This Agreement may be executed by the parties hereto in separate counterparts; each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of a number of copies hereof each signed by less than all, but together signed by all of the parties hereto. (g) Non -Business Day. If the final date of any period provided herein for the performance of an obligation or for the taking of any action falls on a Saturday, Sunday, or holiday, then the end of such period shall be extended to the next business day. (h) Zoning. Seller assumes no obligation to change the current zoning on the Land. (i) Survival of Covenants. The provisions of Section 11, above, as well as any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the Closing shall survive. 0). Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction finds that any provision of this Agreement is unenforceable, the remaining provisions will remain in effect without the unenforceable parts. (lc) Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this Agreement. 74091 (1) No Third -Party Beneficiaries. There are no third -party beneficiaries of this Contract. (m) No Special Relationship. The parties' relationship is an ordinary commercial relationship, and they do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special relationship. Signed and Agreed on the dates indicated below. SELLER: CITY OF SANGER, TEXAS BY: Mike Brice, City Manager Date: SANGER INDUSTRIAL DEVELOPMENT CORPORATION, INC. Don Gillum, President Date: 74091 EXHIBIT "A" TOMMY MARSHALL & ASSOCIATES Real Estate Appraisers & Consultants 101 S. Locust, Ste. 600 P.O. Box 158 Denton, Texas 76202 Phone: (940) 243-2387 Fax: (940) 243-5352 tommy@tma-appraisal.com www.tma-appraisal.com TMA File #: A-2537 This is an Appraisal Report intended to comply with the reporting requirements set forth under Standards Rule 2-2 of the USPAP. The report presents practical explanations of the data, reasoning, and analysis incorporated in the appraisal process to develop the opinion of value, and includes descriptions of the subject property, the regional and local property market, and the opinion of highest and best use. The firm is not responsible for unauthorized use of this report. Specific%xtraordinary assumptions and/or hypothetical conditions utilized in the value opinion: ♦ It is a specific assumption of this report that the subject has no environmental or structural conditions which could adversely affect its marketability or market value. ♦ It is a specific assumption of this report that the subject is not adversely affected by a flood hazard area or drainage area other than is indicated in this report. ♦ It is a specific assumption of this report that the land and/or building size reported for the subject are sufficiently correct as to not adversely affect the value opinion. ♦ It is a specific assumption of this report that the subject is not adversely affected by encroachment, easement, or restriction other than is indicated in this report. ♦ It is a specific assumption of this report that the intended usage meets or exceeds the specifications set forth by any applicable zoning ordinance. SUBJECT PROPERTY: 0.528 Acres of Commercial Land Located at 125 Bolivar Street Sanger, Texas 76266 DATE OF REPORT: November 23rd, 2015 DATE OF VALUE: November 15th, 2015 INTENDED USE: Business Decision Making Purposes INTENDED USER: City of Sanger Mr. Mike Brice City Manager 502 Elm Street Sanger, Texas 76266 Phone: 940-458-7930 DEFINITION OF MARKET VALUE The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: a. buyer and seller are typically motivated; b. both patties are well informed or well advised C. a reasonable time is allowed for exposure in the open market d. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. 1 PURPOSE OF APPRAISAL Estimate the market value of the fee simple interest of the subject property in "as is" condition as of the date(s) of value subject to the Assumptions and Limiting Conditions set forth herein. SCOPE OF WORK Conduct a visual survey of the subject, regional area and market area. Analyze secondary data sources to assist in assessing market conditions, zoning and tax information in the market area. Estimate the highest and best use of the property. Research market data of comparable properties confirmed by participants in the regional market area. Develop a credible opinion of the defined value for the subject property utilizing the applicable approaches to value. Present the opinion in the appropriate format. COMPETENCY OF APPRAISERS Tracy Runnels has been active in real estate appraisal in North Texas since 2005. She obtained her Texas Certified General Real Estate Appraiser's license in 2008. She has 10 years of experience with Tommy Marshall & Associates and has appraised properties throughout North Central Texas. Her expertise and competency encompass 10+ years of appraisal in churches, manufacturing, single and multi -family residential, hotel/motel, farm/ranch, industrial, retail, and office buildings. Tommy Marshall has been in real estate appraisal since 1984, and has experience with a variety of property types in Texas and Oklahoma including golf courses, resorts, churches, manufacturing plants and rural water Co-Ops. Other property types include multi -family residential, commercial and residential subdivisions, hotel/motel, farm/ranch, industrial, retail, and office buildings. 1 Federal Reserve System, 12 CFR Part 225, FDIC 12 CFR 323 and OCC 12 CFR 34 SECTION A SUBJECT PROPERTY OVERVIEW EXECUTIVE SUMMARY TMA File #: A-2537 Property Type: 0.528 Acres of Commercial'_"" Land with Improvements of No Value , Address: 125 Bolivar Street Sanger, Texas 76266 -' County/State: Denton County/Texas Location: East side of North 2nd Street, North side Bolivar Street & South side Elm Street Legal Description: Lots 5-8 & 13-16, Block 7, OT Sanger, Denton County, Texas Appraisers: Tommy Marshall, Principal Tracy Runnels, Associate Date of Report: November 23rd, 2015 Purpose of Appraisal: Estimate the market Date of Value: November 15th, 2015 value of the fee simple interest in "as is" condition Estimated Marketing Time: 12 Months SITE DATA Land Area (Acres): 0.528 (23,000 SF +/-) Zoning: I-1, Industrial District Shape: Generally Rectangular Topography: Generally level Soil Conditions: Assumed adequate; rely on geo-technical report Utilities: All Available Flood Plain: Not affected, FEMA Map 48121 CO210G, April 18, 2011 Highest and Best Use: "As Vacant" hold for development; "As Improved" hold for redevelopment with a commercial or light industrial usage VALUE CONCLUSIONS Cost Approach Sales Comparison Approach Income Approach Not Applicable $100,000 Not Applicable Subject Property "As Is" Total Value Estimate: $100,000 TOMMYMARSHALL & ASSOCIATES Section A - Page I PHOTOGRAPHS OF SUBJECT PROPERTY SUBJECT FRONT VIEW I TOMMY MARSHALL & ASSOCIATES Section A - Page 2 HISTORY OF THE SUBJECT PROPERTY As required by the Code of Professional Ethics and Standards of Professional Appraisal Practice established by the Appraisal Institute, the appraisal report must consider and analyze any current agreement of sale, options, listings, and any prior sales within the past three years. This analysis should reasonably disclose and verify: a. Grantor(s) - Grantee(s) b. Sale Date(s) c. Sale Price(s) and terms of financing, discounting the sale to a cash equivalent, when necessary. d. Any interrelated parties to each transaction. The subject history is reported in compliance with USPAP and no other pertinent information is known other than is reported below. The history should not be used in lieu of a title search and is not a guarantee to the chain of title. A title policy which should detail any easement and/or deed restriction was not provided. It is a specific assumption of this report that the subject is not adversely affected by encroachment, easement, or restriction other than is indicated in this report. According to the Denton Central Appraisal District, the subject property is owned by the City of Sanger, who has owned the subject since purchasing it for a reported $250,000 on 7/31/2007 from the previous owner, Carlaw, LLC. No other sales or transfers of the subject property are recorded with the Denton CAD within the previous three year period. The property is currently vacant and existing improvements are in fair overall condition felt to contribute no value to the subject site. The subject is not currently known to be listed for sale or lease and no contract for sale is known to exist for the subject property at this time. TOMMYMARSHALL & ASSOCIATES Section A - Page 3 SECTION B SUBJECT PROPERTYANAL MIS REGIONAL OVERVIEW The 2008-2010 recession was one of the most severe economic downturns that the U.S. has experienced. However, the Dallas -Fort Worth economy exhibits above average performance with an Unemployment Rate of 3.9%, lower than the overall state of Texas' unemployment rate as of August 2015 of 4.4%, well below the national average of 5.2% for that period. Regional Population Total �p^� January 1, 2010 69729,800 PERSONS Jan 1 - Dec 31, 2009 Growth: 90,170 8,000,000 1- , a5 �d�' a 6 �0•,�p. hq. 7,000,000 01 �b6 6.000,000 5,000,000 4,000,000 3,000,000ILL 1980 1990 2000 2005 2008 2009 2010 As the rate of job gains accelerates in 2015, the Dallas/Fort Worth area will build on the recovery of office operations that began in 2010. Employment growth is among the highest in the nation, with nearly one-third of the hires falling in office -using sectors. The Metroplex's business friendly culture continues to draw major financial services firms to lease space in the area. JPMorgan Chase & Co, American Home Mortgage, and Merrill Lynch & Co. have leased a collective 630,000 square feet in the last 12 months, and the growth outlook of the market will likely influence other firms to follow suit. The Fort Worth area will outperform the area as a whole, as vacancy levels in some submarkets fall below 12 percent. The surge in demand throughout Fort Worth is partially rooted in the growing local healthcare presence. US Health Group, AHC Management Co., and HCA Patient Account Services are just a few of the companies that have leased in Fort Worth to support the expanding healthcare industry. Economic conditions in the Dallas/Fort Worth market strengthened during the 3rd quarter of 2014 and look to remain strong for the remainder of the year and into 2015. DFW's booming oil and healthcare industries along with a growing presence of technology companies are part of a diverse economy that likely will continue to develop in the near future. For example, Mon- ster.com recently ranked DFW as the top job market in the nation. This is due in part to the metro area's ability to retain many of its jobs during the worst of the recession compared to the rest of the country. With a healthy job market and demand for diverse types of jobs, DFW should perform well in the near term and weather any potential national economic slowdowns. Payroll job growth totaled 83,800 in 2012, and we expect job creation to average approximately 105,400 in 2013 before decelerating to the 93,000 range in 2014 and the 79,000 range in 2015. These projections exceed the peak of the previous cycle, in 2005-07, and are quite strong by current national standards. TOMMY MARSHALL & ASSOCIATES Section B - Page 1 REGIONAL OVERVIEW MAP � � �� �I a la mode, inc , Sandusky Pottsboro � spw rrl t Muenster , az -Whitesboro i rr •" Gainesville €n` 5outhma d y she,rmn ('rs Collinsville Hoodi Forestburg Howe. r 'A New Harp Leo Van'+Qlsl Pilot Point.. Marilee ,.. Greenwood - t san ur Celina Aubrey Krum _ -. Melissa .3t30 Decatur �3en}-. EUniversity nr Prosper 12f1 .. Denton , oak Point McKinney ,.. _ - 'zar) • Little Elm Frisco t qs $ .. Lowr 5 Argyle 42 New Fairview Justin Lantana The Colony Alen r 'Lucas Boyd211 Double oak �a Parker w Piano Murphy Briar Newark Trophy Club J� rs': Haslet f ky Coppell Citrollton '. Sachse m ns, Addison Richardson Reno Grapevine, Eagle Mountain Keller ii Farmers Ist)a ""� Branch Garland is9t Rowl Aile Watauga Coffeyville i ` g. r, 7w i Saginaw -North`Richland`Hills Euless:` as 12� Univosity,l'ark Lake Worth Haltom City ' ' Irving ii Highland Park a ,. River Oaks ; ,. r D�IIaS TOM Landry Hwy, n uifd :ion t�st+YN+. White settlement Fort WOrth CocV�rell Hill flow, Park; �., Arlington 1 _ Balch Springs ` Dalworthington Aledo 8'1' Gardens Oenbrook; e,,,'aae.+nanemor,rrr..y;.,; a a,i •+ Forest Nill Duncanville Hutchins Se - =Evcrman 2011 Desoto is ` Crowley �_, Rendon CedacHill Lancaster Mansfield' Burleson a Glenn Heights Cresson Fej�is Ovilla Red Oak �t Joshua' 10 miles r�rw- 11 � 'a; -Venus TOMMYMARSHALL & ASSOCIATES Section B - Page 2 The subject market area is considered to be the northern portion of Denton County with the county seat being the City of Denton in the central portion of Denton County. The market area is part of the Dallas Consolidated Metropolitan Statistical Area (CMSA). Major arterial routes, two major universities, and proximity to the CMSA are the primary economic generators for the area. Population 2000 2010 % Change City 80,537 113,383 40.8% County 432,976 662,614 53.0% United States 281,421,906 309,349,689 9.9% Median Household Income 2000 2010 % Change City $35,422 $44,376 25.3% County $58,216 $67,892 16.6% United States $41,994 $50,046 19.2% Median Home Value 2000 2010 % Change City $103,800 $147,400 42.0% County $133,200 $179,800 35.0% United States $119 600 $185 400 55.0% The market area is 75% developed and in the development stage of the real estate cycle. Limited development is occurring and land uses consist primarily of residential on acreage uses, agricultural, and commercial/light industrial uses in the immediate market area. No external adverse conditions were noted in the market area. MARKET AREA MAP Tioga Lois r� Pilot Point Bolivar .San or.: - Mustang Green Valley Aubrey' via tvs Knigmille tpa,. - Krtnn ,eaak Mingo " ` Isrt tkj Wv nuy W Ofly or SE° +sity or , Cross Roads Stony Navo Denton t9 'Oak Point Pondor rr, Jagoc H Corinth Little Elm ` Lakewood Village Drop Dish Argyle Northlakfi TOMMYMARSHALL & ASSOCIATES Section B - Purge 3 SITE ANALYSIS The subject site located at 125 Bolivar Street, Sanger, Texas, consists of 0.528 acres (23,000 SF +/- ) of gross land area which is located on the north side of Bolivar Street and the south side of Elm Street, on the east side of N. 2" d Street in the City of Sanger. The subject site is legally described Lots 5-8 and Lots 13-16, Block 7, OT Sanger, Denton County, Texas. The subject site is situated in a developed mixed residential, commercial and light industrial area considered to be of average development intensity. The location offers access and visibility from multiple secondary roads for the area. Traffic levels and access are considered average to above average at the subject site. The site frontage and access provides average to above average visibility and exposure for commercial or light industrial usage. At the subject site, Elm Street is a two-lane concrete paved roadway and Bolivar Street is a two-lane asphalt paved roadway. The site is generally rectangular in shape and level in topography. The frontage -to -depth ratio and ingress/egress are considered average to above average visibility and exposure for commercial or light industrial usage. The site is considered to offer adequate utility availability in sufficient quantities for commercial or light industrial usage with all municipal utilities available to site. The Denton CAD is the source of the subject site size. Typical utility easements are assumed along the borders of the subject site and an abandoned roadway appears to bisect the subject site. No other easements or encroachments are noted. AERIAL PHOTO- SUBJECT SITE HIGHLIGHTED The surrounding land uses are primarily commercial, light industrial and residential uses. No adverse external influences were observed in close proximity. It is a specific assumption of this report that the subject is not adversely affected by encroachment, easement, or restriction other than is indicated in this report. TOMMYMARSHALL & ASSOCIATES Section B - Page 4 It is a specific assumption of this report that the land and/or building size reported for the subject are sufficiently correct as to not adversely affect the value opinion. The site does not appear to have any adverse easements or encroachments. The subject site does not appear to be located in a flood hazard area. It is a specific assumption of this report that the subject is not adversely affected by a flood hazard area or drainage area other than is indicated in this report. The applicable map number is FEMA Map 48121 CO210G, April 18, 2011. The subject flood map is presented as follows. FLOOD PLAIN MAP MAP DATA MAP LEGEND r.." .=aoyr ret.,av FEMA Spacial Flood Hazard Aron: No Aroas inundated by 500-year floodmtl Protected Aroas Map Nurnbar: 48121CO218G Cj Arens inundated by 100•yoar flooding ® Floodway Zono: X Map Data: Aprll 18, 2811 Volocily Hazard ,J Subjoct Aron FIPS: 48121 TOMMYMARSHALL & ASSOCIATES Section B - Page 5 Summary of Site Anal The surrounding land uses are primarily commercial, light industrial and residential uses considered to be of average development intensity. The location offers access and visibility from multiple secondary roads for the area. Traffic levels and access are considered average to above average at the subject site. The site frontage and access provides average to above average visibility and exposure for commercial or light industrial usage. The surrounding land uses are primarily commercial, light industrial and residential uses. The site is generally rectangular in shape and level in topography. The frontage -to -depth ratio and ingress/egress are considered average to above average visibility and exposure for commercial or light industrial usage. The site is considered to offer adequate utility availability in sufficient quantities for commercial or light industrial usage with all municipal utilities available to site. The subject site is not affected by flood hazard area. Considering these influences, the site is considered to offer average utility and development characteristics for commercial or light industrial usage. TOMMY MARSHALL & ASSOCIATES Section B - Page 6 ZONING Municipalities typically regulate land use within their municipal jurisdiction by the implementation and enforcement of zoning ordinances. Zoning ordinances purportedly screen and control urban development, promote consistency, compatibility and contribution to the community, and define the quality and character of the neighborhood area. The subject site is zoned I-1, Industrial District by the City of Sanger. The existing subject improvements are considered a legal, conforming usage of the site. It is a specific assumption of this report that the intended usage meets or exceeds the specifications set forth by any applicable zoning ordinance. TOMMYMARSHALL & ASSOCIATES Section B - Page 7 IMPROVEMENT ANALYSIS The subject site is improved with multiple storage building/sheds and retail/commercial buildings of advanced age in poor to fair condition with evidence of deferred maintenance noted. Due to the advanced age and condition of the existing improvements, they are not considered to represent the highest and best use of the subject site. Site improvements consist of minimal rock road base drives and open parking with chain link perimeter fencing. TOMMY MARSHALL & ASSOCIATES Section B - Page 8 TAX AND ASSESSMENT DATA The subject property is within the tax jurisdictions of the Sanger Independent School District, City of Sanger and Denton County. According to the Denton Central Appraisal District, the subject is assessed under account number 58652. The Denton Central Appraisal District is responsible for assessing all real property in the county. The following table reflects the 2015 tax rates for each taxing authority: Segment Size Assessed Value AV/unit Land Improvements 0.5280 $69,000 $164,547 $3.00 / SF Total Assessed Value $233,547 Tax Jurisdiction Tax Rate Assessed Value Tax Liability City School County $0.6795000 $1.3720670 $0.2620000 $233,547 $233,547 $233,547 $1,587 $3,204 $612 Total Tax Liability 2.31356700 $233,547 $5,403 Based on the subject property's assessed value, the estimated ad valorem taxes for the subject "as is" are approximately $5,403 annually. The subject property is felt to currently be assessed above market value, likely due to the City's tax exempt ownership. The value attributed to the improvements is felt to be overestimated in view of the advanced age and poor condition of the improvements. Based on the final opinion of market value stated in this appraisal report, $100,000, the subject's approximate tax burden would be $2,314. TOMMY MARSHALL & ASSOCIATES Section B - Page 9 HIGHEST AND BEST USE ANALYSIS The concept of Highest and Best Use can be defined as being: "The reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value." 2 The subject site is situated in a developed mixed residential, commercial and light industrial area considered to be of average development intensity. The location offers access and visibility from a primary and secondary road for the area. The location offers access and visibility from multiple secondary roads for the area. Traffic levels and access are considered average to above average at the subject site. The site frontage and access provides average to above average visibility and exposure for commercial or light industrial usage. The surrounding land uses are primarily commercial, light industrial and residential uses. The site is generally rectangular in shape and level in topography. The frontage -to -depth ratio and ingress/egress are considered average to above average visibility and exposure for commercial or light industrial usage. The site is considered to offer adequate utility availability in sufficient quantities for commercial or light industrial usage with all municipal utilities available to site. The subject site is not affected by flood hazard area. The subject site is zoned I-1, Industrial District by the City of Sanger. Considering these influences, the site is considered to offer average utility and development characteristics for commercial or light industrial usage. There is limited development occurring in the market area indicating that speculative development would not be supported by demand. Development with a light industrial use by an end user is feasible. Considering these influences, the subject site is considered to offer utility for investment for future development. Overall, hold for development is considered the maximally productive use of the subject site. Therefore, the highest and best use of the subject site in "as vacant" condition is considered to be hold for development, as demand warrants. The subject property is improved with multiple storage building/sheds and retail/commercial buildings of advanced age in poor to fair condition with evidence of deferred maintenance noted. Due to the advanced age and condition of the existing improvements, they are not considered to represent the highest and best use of the subject site. Light industrial or commercial uses are considered a legal, conforming usage of the site. This type of usage is in conformity with those of the subject locale, and no functional inadequacies were noted. It appears as though the improvements are no longer capable of providing an adequate return to both the land and the improvements. No other land use is considered capable of offering a superior return for this site location as of the date of value. Therefore, based upon the location, utility, and return to the improvements of the property in "as improved" condition is continued hold for redevelopment with a commercial or light industrial usage. 2The Appraisal of Real Estate, Thirteenth Edition, Appraisal Institute, 2008, Pages 277-278 TOMMY MARSHALL & ASSOCIATES Section B - Page 10 SECTION C VAL UATION ANALYSIS APPROACHES TO VALUE The estimation of value involves a systematic process in which the problem is defined; the work necessary to solve the problem is planned; and the data required is acquired, classified, analyzed and interpreted into an estimate of value. In this process, three basic approaches: the Cost Approach, the Income Approach, and the Sales Comparison Approach. When one or more of these approaches is not applicable in the appraisal process, justification is warranted. A brief explanation of each approach follows: In the Cost Approach, the value of the subject site is estimated by comparing it to similar sites that have recently sold or are currently offered for sale. The replacement cost new of the improvements, as determined by comparison to similarly constructed properties, is then estimated. Depreciation from all sources is determined and subtracted from the replacement cost new of the improvements, to arrive at their present worth. The present worth of all improvements is added to the estimated site value with the result being the indicated value by this approach. The age/condition and/or design may render this approach in applicable due to the subjectivity of the estimation of depreciation. The Income Approach is a process in which the anticipated flow of future benefits (actual dollar income or amenities) is discounted to a present worth figure through the capitalization of the net income. Net income is the remainder after deduction of expenses of operation from effective gross income. The steps in this approach include estimating potential gross income by comparison with competing properties and estimating expenses (derived from historical and/or market experience) to determine a projected net income stream. The income stream is then capitalized into an indication of value by using capitalization rates extracted from competitive properties in the market or by using other techniques when applicable. The Sales Comparison Approach involves the comparison of similar properties that have recently sold or similar properties that are currently offered for sale, with the subject property. These properties are compared to the subject with regard to differences or similarities in market conditions, location, size, physical characteristics, and any conditions influencing the sale. The notable differences in the comparable properties are then adjusted from the subject property to indicate a value range for the property being appraised. When sufficient sales data is available, these adjustments are best determined by the actions of typical buyers and sellers in the subject's market. This value range, as indicated by the adjusted comparable properties, is then correlated into a final indicated value for the subject property by this approach. The Cost Approach is not applicable as the subject improvements are of advanced age and is not utilized in the analysis. The Sales Comparison Approach is applicable since this property type is typically traded and utilized in this analysis. The Income Approach is considered not applicable since the property type is not typically traded for rental income potential, is typically owner occupied, and is not developed. The value estimates as indicated by the applicable approaches are reconciled into a final value estimate of market value. SALES COMPARISON APPROACH This approach to value is also termed the Market Approach and requires the comparison of recent comparable sales to the subject property. The typical unit of comparison used in the market area is utilized in this analysis. The unit of comparison is obtained by dividing the property's sale price by the unit primarily utilized in the market area. Since this approach involves a comparison of physical attributes, adjustments are applied to the comparables for differences that are considered to have an influence on price in the market area. The differences may include financing conditions, market conditions at date of sale, location, size, age/condition, and various other utility attributes. This method is considered highly reliable where there exists an adequate degree of comparability of the sales available. Recent sales of this property type in the regional area are analyzed. The recent sales which are considered the most comparable which are analyzed as a basis for valuation of the subject property are presented, analyzed, and adjusted on the following pages. Location Map - Comparable Sales Valley View yzt�0) 11, szzj m — 4 3 Lois _ i7,1 c �0 rn s! E Logo a;+K Rd - z y Eioozj v Gregory Rd n as , Y Veer d R 1 1 1 1 Rq i i,'San er 4ssi Bolivar 2753 AeR-yldsRd �{:....... Davidson Rd i ! C i c A Green Valk �� t,4iium Rd � 1 I' d _. �� s2tfl4�. Pi'iinv"', Rd K VM m3 .y Q c r—.' • , z �• Cooper Creek 1a69011Rd 4�r of y4, 1 e5sity:C�r �Ul�lvf � ti,�aav t3tn) iN Uaivers ty pr t3r2 Denton t McO;t, Sr Lie6ton p ti 1 �126. 4§,iniupal. ,,,..pir2°' Aifpwt tarter Ponder s� a s F ? (xaas� Jagoe 25miles r; • �+rl z _ �_1�s:u �_n ,stir . uu I • _ J.1� ^�. F •ltJ ryry ry' , __...r_ � Cam_ AC. ✓•'` Comparable Sales and Adiustment Grid SALES SUMMARY AND ADJUSTMENT GRID SUBJECT SALE 1 SALE 2 SALE 3 SALE 4 Location 125 Bolivar St., Sanger 410 N. First St., Krum 117 W. Lake St., Krum Lots 14-15, Blk 6, Bolivar St., Sanger TBD 5th St., Sanger Date of Sale N/A 08/12/13 10/31/14 01/31/14 01/15/15 Sale Price: N/A $250,000 $50,000 $30,000 $150,000 Gross Land Area (AC): 0.5280 2.0800 0.1700 0.1150 0.9390 Zoning Light Industrial Light Industrial Light Industrial Light Industrial Intended Use: Comm/Industrial Fire Station Comm/Industrial Comm/Industrial Comm/Retail Improvements: Sheds/Storage/ Commercial Metal Sheds/Storage 1,600 SF Metal Shop Built 1970 None Known None Known Utilities: All available All Available All Available All Available All Available Verification Source Visual/DCAD Public Record; DCAD 157366- 374, 61430, 61423 Office Files; DCAD 61478 Buyer; DCAD 58642, 158998 MLS# 13004173; DCAD 291009 Grantor N/A Denton County Bonnie Dean Cole Emil & Judy Dee ee & Christine Bengston Grantee N/A City of Krum Russells Heat & Air, Inc. SR Bolivar Holdings, LLC Andrew & Kasey Warren Sale Price Per SF $2.76 $6.75 $5.99 $3.67 Terms/C. E. Price 0% 0% 0% 0% Conditions of Sale 0% 0% 0% 0% Ad'. Sale Price/SF: $2.76 $6.75 $5.99 $3.67 Market Conditions 0% 0% 0% 0% Adj. Sale Price/SF: $2.76 $6.75 $5.99 $3.67 Location 0% 0% 0% 0% Size 20% -20% -20% 0% Zoning/Use 0% 0% 0% 0% Utilities 0% 0% 0% 0% Flood Hazard 0% 0% 0% 0% Improvements 0% -10% 0% 0% Shape/Topography 0% 0% 0% 0% Total Adjustment 20% -30% -20% 0% Indicated Value/SF $3.31 $4.73 $4.79 $3.67 Average $4.12 Median $4.20 Analysis of Comparable Land Sales The adjustments of the comparable land sales utilized in the adjustment grid are discussed below. The unit of comparison developed in this approach from the comparable sales to estimate value is considered to be one primarily utilized by market participants for this property type. Property Rights Conveyed: Each of the comparable sales involved the sale of a fee simple interest. When considering the subject property rights appraised, adjustment for property rights conveyed of the comparable sales is not warranted. Financing Terms: All of the sales are reported to have market terms or cash to seller transactions; therefore, adjustment consideration is not warranted. Conditions of Sale: All of the sales utilized in this analysis are reported to be arms -length transactions. Therefore, none of the sales warrant adjustment consideration for conditions of sale. Market Conditions: Although the market area experienced a notable decline in development activity and sale transactions in the mid -late 2000's, the market and regional area has experienced a stabilization or improvement in market conditions since 2010. All of the sales are considered to have transacted in current market conditions and do not warrant adjustment consideration. Location: The subject site is situated in a developed mixed residential, commercial and light industrial area considered to be of average development intensity. The frontage street is a primary thoroughfare for the area with access points from two secondary streets. All four sales are considered similarly located warranting no adjustment. Land Size: The subject site consists of 0.528 gross acres (23,000 SF+/-) of land area. The sales size range is 0.115 to 2.08 acres of gross land area. Sale 1 is larger warranting upward adjustment for size. Sales 2 and 3 are smaller warranting downward adjustment. Comparable sale 4 is considered similar to the subject and does not warrant adjustment consideration. Improvements: The subject site is improved with numerous improvements of advanced age in fair to poor condition with little to no contributory value. Sale 2 had improvements in better condition with remaining useful economic life superior to that of the subject and Sale 1 warranting downward adjustment for superior improvements value contribution. The remaining sales are considered similar to the subject and do not warrant adjustment consideration. Zoning: The subject site zoning is I-1, Industrial District. All four sales have similar zoning to that of the subject and/or are considered to offer similar highest and best usage and do not warrant adjustment for zoning. Flood Hazard: The subject site appears not to be adversely affected by flood hazard. All of the sales are considered similar to the subject and do not warrant adjustment consideration. Utilities: The subject site is considered to offer adequate municipal utilites for development to its highest and best use. All of the sales are considered similar to the subject and do not warrant adjustment consideration. Shape/Topography: The subject site is basically level at street grade with adequate shape for development. All of the sales are considered similar to the subject and do not warrant adjustment consideration. Value Conclusion by Unit of Comparison The unadjusted range of the comparable land sales is $2.76 - $6.75 per square foot of gross land area. The adjusted range of the comparable sales is $3.31 - $4.79 per square foot with an average adjusted sale price of $4.12 and a median of $4.20. Due to the subject's location on a corner with access from multiple streets, it is felt to lie toward the upper end of the indicated range at $4.25/SF, rounded. VALUE INDICATION BY UNIT OF COMPARISON "AS IS" Gross Site Area SF SP/SF Value Indication 23,000 x $4.25 = $97, 750 Value Estimate $100 000 Value Conclusion by the Sales Comparison Approach- "As Is" Taking into consideration the subject's price per unit indications, the estimated market value of the fee simple interest in the subject property in "as is" condition is $100,000. RECONCILIATION AND FINAL OPINION OF VALUE Cost Approach N/A Sales Comparison Approach $100,000 Income Approach N/A The Cost Approach utilizes replacement cost estimated by using actual costs for comparable facilities and/or Marshall and Swift Valuation Services. Indirect costs associated with property are also determined. The land value is estimated by analyzing current land sales within the area. The estimated land value is added to indicate the value estimate by this approach. The Sales Comparison Approach is considered a generally reliable method because the units of comparison are market based. The units of comparison are direct, which renders the comparison highly indicative of market behavior and the primary approach utilized by market participants. The Income Approach is generally considered to be an appropriate valuation method when the property has rental income -producing potential. The potential gross income, stabilized vacancy rate and operating expenses are estimated from market data. The Cost Approach is not applicable as the subject improvements are of advanced age and is not utilized in the analysis. The Sales Comparison Approach is applicable since this property type is typically traded and utilized in this analysis. The Income Approach is considered not applicable since the property type is not typically traded for rental income potential, is typically owner occupied, and is not developed. The value estimates as indicated by the applicable approaches are reconciled into a final value estimate of market value. The estimated market value of the fee simple interest for the subject property in "as is" condition subject to the Basic Assumptions and Limiting Conditions as of November 15th, 2015 is: FINAL OPINION OF VALUE OF THE SUBJECT PROPERTY "AS IS" - -ONE HUNDRED THOUSAND DOLLARS - - --$100,000 - - We appreciate the opportunity to provide this appraisal for you. Should you have any questions regarding the appraisal, contact the firm at (940) 243-2387. Respectfully submitted, TOMMY MARSHALL & ASSOCIATES - L ,-/' V_L Tracy Runnels, Associate Appraiser TX 1337774-G Tommy Marshall, Principal TX 1322676-G MARKETING PERIOD/EXPOSURE TIME Per USPAP the exposure period for the subject property must be analyzed. Five factors must be considered in the exposure period, the ability of those marketing the property, the type of property, the listing price, the size and location of the market and the comparability of available market data. An adept marketer will tend to move the property in a shorter period than will an average one and an inept marketer may require twice as much. Exposure period must be assessed in terms of whether the property was originally listed reasonably close to its true value as perceived by the market. Any property listed significantly above its true value will tend to attract no interested parties due to the perception that it is a waste of time pursuing its purchase. Further, a property listed noticeably below the market's perception of the value will tend to sell in a shorter period than may otherwise be required and therefore distort the concept of "reasonable marketing period". A study by M/PF, a real estate market research firm in Dallas, polled real estate brokers as to the "reasonable marketing period" for various types of real estate. The response was 9 - 12 months. Implicit in this response is that the property is listed reasonably close to the market's perception of its true value. Historically, purchasers of any property which is considered by the market to have value, are available regardless of product oversupply, availability of financing or lack thereof. The definition of market value specifically requires that there exists a potential buyer and potential seller, each acting prudently and knowledgeably and implies a consummation of a sale. Therefore, an additional factor to be considered in analyzing the marketing period is the size and location of the market. For very large industrial properties or for very specialized properties such as petrochemical refining, large granaries, etc., the market may be relatively small, specialized and national or international rather than local or regional. More typical real estate such as apartments, shopping centers, office buildings and vacant land has a market that is local, regional national or international implying a shorter marketing period and exposure time. The date of the comparable sales must be considered. If no data is available to indicate current expectations of current market conditions and is only available for market conditions unlike current conditions, the value indicated by the data may not necessarily reflect current expectations and the analysis must include these circumstances. Properties similar to the subject in the market area are marketable to a wide group of potential purchasers in the local region, state, and nation. Exposure time is considered to be twelve months. Without exception, all real estate offices contacted expressed, if offered at or near market value and had the property been correctly exposed to the market for the past twelve months, the property should sell for a reasonable price. After development of the preceding pages of market data, it is our opinion that had the property been offered at or slightly above the market value conclusion an exposure period from 9 - 12 months is considered necessary for the property to potentially consummate a sale closer to the appraised market value. An exposure period of twelve months or less is considered applicable for the subject property. ASSUMPTIONS AND LIMITING CONDITIONS 1. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report. 2. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report. 3. Responsible ownership and competent property management are assumed unless otherwise stated in this report. 4. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 5. All engineering is assumed to be correct. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise stated in this report. 8. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a non -conformity has been reported, stated, defined, and/or considered in this appraisal report. 9. It is assumed that all required license, certificates of occupancy or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. 10. Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated in this report. No survey has been made for the purpose of this report. 11. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report. 12. The firm is not qualified to detect hazardous waste and/or toxic materials. Any comment by the firm that might suggest the possibility of the presence of such substances should not be taken as confirmation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presence of substances such as asbestos, urea -formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The descriptions and comments are the result of the routine observations made during the appraisal process. 13. Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with disabilities act. The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value, marketability, or utility. 14. Any proposed improvements are assumed to be completed in a good workmanlike manner in accordance with the submitted plans and specifications. 15. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 16. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the firm, and in any event, only with proper written qualification and only in its entirety. Specific%xtraordinaiy assumptions and/or hypothetical conditions utilized in the value opinion: ♦ It is a specific assumption of this report that the subject has no environmental or structural conditions which could adversely affect its marketability or market value. ♦ It is a specific assumption of this report that the subject is not adversely affected by a food hazard area or drainage area other thann is indicated in this report. ♦ It is a specific assumption of this report that the land and/or building size reported for the subject are sufficiently correct as to not adversely affect the value opinion. ♦ It is a specific assumption of this report that the subject is not adversely affected by encroachment, easement, or restriction other than is indicated in this report. ♦ It is a specific assumption of this report that the intended usage meets or exceeds the specifications setforth by any applicable zoning ordinance. CERTIFICATION OF THE APPRAISERS We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are personal, unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and we have no personal interest or bias with respect to the parties involved. 4. The compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. The appraisal is not based on a requested minimum valuation, a specific valuation, or the approval of a loan. 6. The analyses, opinions, and conclusions are developed and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. 7. We have made a personal inspection of the property that is the subject of this report. 8. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. 9. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 10. As of the date of report, I, Tommy Marshall, am a State Certified General Real Estate Appraiser. 11. As of the date of report, I, Tommy Marshall, am a State Certified General Real Estate Appraiser. 12. Tommy Marshall & Associates has not appraised or provided other valuation services for the subject property in the previous three year period. 13. The value estimate is not valid unless this certification is included in the appraisal. TOMMY MARSHALL & ASSOCIATES I , L'�Z' '��-L Tracy Runnels, Associate Appraiser TX 1337774-G Tommy Marshall, Principal TX 1322676-G SECTION D APPRAISER QUALIFICATIONS Q tl A I A F I GV 110 �N8 0 FTO M N1 y MA RS F1 A 1, 1, E-muriciiec: 10.84 1 o present, I \1 a rdiall filar. bt-.on C I I gagcd in indcp-:,,ndcn I Icc l I ppraisillp, and roa I o'date Ovolor of, Vlallmy %larshall & AssociAvy. Rval Istwe Appfaisers an (WimWalm," Wlemun On: uWk am MUM die 1hd1as;T1- %Vorfll (AISA in North CcIlIrM AMmAnk have Am limn peAwnind in Kmmm Fhd&, hlunlaI, Oklohmini, =1 NUSjutpE shwe 1992, nlom "Pik how Imm in file North Celand and. ,;oujhLnll Mlahomaaroo, indming goir coil' tc!,. pl;lrltz and rurill walvT Co-()p:�, Khm puqwobs such as Rmn and rulcil, NAME milvisiom mixvd uve dcvekqmnvnu, Me bulldingq apm1moilm rind NW"em WdIANY um"Wev lm", m("', 'N:fi"e: Mu ; Naved hwh0empmahnizaWWWW"IMIM Onanchd WinlIhns- "Kid", OijAilial and serml nim:cps t wine" in Fabnd ("nil, Ismicl 0010� (An.010 (Ioums, aq WCH 1% l0WiQAm at minva 14 (A"Missme" huld"s Or vibunt Lklimain, Immmummum IIAJQWSmIllwaWn We Unhy"il - 1humm. Mhoma 19P IMUIVI'll(IN teal CSIHIC and IMMI ""W'CS and Sen"rN qN=ned by Tic NAmil Amocnitior, ill N1:61k- Appra0z, Apjwaik,A In-,"fittlIV, lidelyndem 10v AlyGmets and (0hem, (awnily a deowumol WWI senor'Appronm ando nlcllfl,e!l �ullldillj, ill hy Tv NAM Asm,chibnl of" Mjqa ApMaim", 1,01mlonal assucitt(ion ill Vill 1)(TS It iPq inclittIV: • Mcrilbor, National As,,ociohor of lklaswr Mondw WAMIA AssockOhm! oC Rathov,; Associldion, ot, Reallonl ja,jemher I Wnw Jb6huly AsswiWOn tAA • Avg ve McnAvt, (ircolerl)v III knrwew Ct ill lily I loard ofkcnitor�� licensed Red We Moller . rexas 1977 0 Acenne AW 02 W240 APPRAISER LICENSES RESOLUTION l # 1 2 -1 6-1 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS, DETERMINING THE NECESSITY FOR THE ACQUISITION, FOR PUBLIC PURPOSES .OF EASEMENTS ACROSS THE PROPERTIES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, WITHIN THE CITY OF SANGER, DENTON COUNTY, TEXAS; AUTHORIZING THE CITY ATTORNEY TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS; SECTION 1. That the City Council of the City of Sanger, Texas, hereby finds and determines that a public necessity exists for the welfare of the City and its citizens, and it is in the public interest, to acquire the easements on, over and across the properties described in Exhibit "A", attached hereto and made a part hereof for all purposes. The acquisition of the easements described in Exhibit "A" is for the public purposes of the widening, maintenance and operation of a public street, highway and road, to wit: Mc Reynolds Road, situated in Denton County, Texas, by providing for appropriate easements necessary and associated with the construction, widening, and maintenance of such public street, highway and road, in accordance with the Texas Constitution and the laws of the State of Texas. SECTION 2. That the City Council of the City of Sanger, Texas, hereby finds and determines that an appraisal has been conducted of the subject property and that the fair market has been determined by that appraisal. The Council firther finds that the City Manager .or his representative has heretofore attempted to agree on damages and compensation to be paid to the owners of the properties and has otherwise attempted to negotiate a purchase price for the property interests required with the owners and that such efforts were not successful in acquiring the interests, The Council hereby resolves and authorizes the City Manager and City Attorney to file or cause to be filed against the owners and interested parties of the properties proceedings in eminent domain to acquire the easements described in Exhibit "A". SECTION 3. That 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 City Attorney or his ,designee is authorized to have such errors corrected or revisions made without the necessity of obtaining additional City Council approval authorizing the condemnation of the corrected or revised property interests. SECTION 4. This Resolution shall become effective immediately upon its passage. _ DULY PASSED AND APPROVED by the City Council of the City of Sanger, Texas, on this the day of ATTEST: City Secretary APPROVED AS TO FORM: City Attorney (TM 74054) 2015. APPROVED: Mayor EYIIBIT "A." [LEGAL DESCRIPTION] 15-477 PARCEL SKETCHES/LESKETCHES/LE GAL I DESCRIPTIONS-, EXHIBIT "A„ SLOPE EASEMENT Part of Roger Wayne Hartman and wife, Linda Walden Hartman Felipe Jaime Survey, Abstract No. 664 Denton County, Texas DESCRIPTION, of a 7,579 'square foot (0.174 acre) tract of land situated, in the Felipe Jaime Survey, Abstract No. 664, Denton County, Texas; said tract being a part of that called 9,99 acre tract of land described in Warranty Deed With Vendor's Lien to Roger Wayne Hartman and wife, Linda Walden Hartman recorded in Document Number 96-R0003828 of the. Deed Records of Denton County, Texas; and a part of that called 10.00 acre tract of land described in General Warranty Deed to Roger Hartman and wife, Linda Hartman recorded in Instrument Number 2014-36829 of the Official Records of Denton County, Texas; said 7,579 square foot (0,174 acre) tract being more particularly described as follows (bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, based on observations made on January 8th, 2014 with a combined scale factor of 1.00015063): COMMENCING, at an 5I8-inch iron rod found at the southwest comer of said 10.00 acre tract; said point being the southeast corner of that tract of land described in Assignment of Veterans Land Board Contract of Sale and Purchase to J. Silvestre & Mary L. Montalvo recorded in Document No. 94-R0092990 of the Deed Records of Denton County, Texas; from said point a 112--inch iron rod found at the southeast corner of said 10.00 acre tract bears South 88 degrees, 10 minutes, 27 seconds East, a distance of 209.95 feet; THENCE, North 01 degrees, 15 minutes, 58 seconds East, with the west line of said 10.00 acre tract the east line of said Montalvo tract, a distance of 2,038,86 feet to the POINT OF BEGINNING; THENCE, North 01 degrees, 15 minutes, 58 seconds East, continuing with the west line of said 10-00 acre tract the east line of said Montalvo tract, a distance of 3.13 feet to a point for corner; said point being in the occupied south line of McReynolds Road (a generally recognized public road, no record of dedication found); THENCE, South 88 degrees, 27 minutes, 05 seconds East, departing the west line of said 10.00 acre tract the east line of said Montalvo tract and along the said south line of McReynolds Road, a distance of 419.77 feet to a point for corner in the east line of said 9.99 acre tract; said point being in the west line of that tract of land described as Tract One in Warranty Deed to John Bryson Rasco, Jn recorded in Document No. 95-R0003400 of. the Deed Records of Denton County, Texas; THENCE, South 01 degrees, 16 minutes, 03 seconds West, departing the said south line of McReynolds Road, and with the.east line of said 9.99 acre tract and the west line of said Tract One, a distance of 51.18 feet to a point for corner; THENCE, North 73 degrees, 22 minutes, 31 seconds West departing the east line of said 9.99 acre tract and the west line of said Tract One, a distance of 129.14 feet to a point for corner; THENCE, North 86 degrees, 06 minutes, 19 seconds West, a distance of 201.67 feet to a point for corner, Sheet 1 of 3 F1 15-477 PARCEL SKETCHES/LEGAL DESCRIPTIONS EXHIBIT "A" SLOPE EASEMENT Part of Roger Wayne Hartman and wife, Linda Walden Hartman Felipe Jaime Survey, Abstract No. 664 Denton County, Texas THENCE, North 84 degrees, 39 minutes, 58 seconds West, a distance of 94.01 feet to the POINT OF BEGINNING CONTAINING: 7,579 square feet or 0.174 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description -accurately sets out the metes and bounds of the easement tract described. V )� Ubm Rene Silvas lf]1012014 Registered Professional Land Surveyor No. 6921 Pacheco Koch Consulting Engineers 6100 Western Place, #1001, Fort Worth Texas 76107 (817) 412-7155 TX Reg_ Surveying Firm LS-101938-24 3407-14.031EX 29.docxRS 340T-14.001 EX 29.durg cae Sheet 2 of 3 F2 15-477 PARCEL .r ., ! DESCRIPTIONS LEGEND EX[7 9 o ff "All - - - r?.OPERTY LINE EASEMENT LINE O PaINT FOR cCRvER .0 50 100 200 (UNLESS ailiFRMSF NgTEa) I (t (C.M.) - CONTROLUNG MSNUMENT �g GRAPHIC SCALE IN FEET ��99 i', 0. V. - POINT OF COMMEKCIN�G McREYNOLDS ROAD Tr;E MILLER FAMILY TRUST TRAC T 1 (GENERALLY RECOGNIZED PUBLIC ROAD, -+21—FEET 4NDE,• ;VO . 665, PG. 7'65) NO RECORD OF DEDICAAON FOUND) A 9ERa SUR6EY, ASj7RACr NO. 29 —PI 01 `15'58A E _ S 88°27'05" E 419.77' F ✓AI,�E SURbEY, AeSM to No soa — 3-1 N g4 39'S UJ N 86°06'19" W — S 01 i 6'03" W POINT OF � 9"" zo1.67' 51.18' �GIWI f SLOPE 7,579ESFt N 73°22'31" W f � o (0.174 ACRES) 129.14' cqa J < a3 FQC El Q }r N � � � C �Cl LV O ' �W U �o CAM f z of:C It11 EQb f uz� f �00 r 00 YQN QQ� 00, Ci Ln fr (, 0 O ?- rY rn C3 +.Y - lit] �c-` Lj O 7II r, OJ, O 0 U fz f f 9/8-INCH IRaN 1/2-INCH IRON ROD FaUNO (C.M. 0.�j /ROD FIXJNO (C.Af.) N 88 10'27' W 209.9V — — — The undersigned, Registered Professional Land NOTES, Surveyor, hereby certifies that this plot of d F P F1 survey accurately sets out the metes and described. p;r 167E •¢ems 11 RFp?'a, bounds of the easement tract �� ; ram" l REN>r SILYAS id 5921 P� is o A, o y91--'sR,W� Ren6 Silvasit 'Date StfR� Registered Professional Land Surveyor No. 5921 1. A metes and bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas State Plane Coordinate System --- NAb 83, North Central Zone 4202, based on observations made on January 8th, 2014 with a eambined scale factor of 1.00015063. $100 WESIER14 MACE, SUITE 1001 SLOPE EASEMENT APachecoochFORT WORTH, TX 75ia7 817.4127155 TX REG. EN(XNNEERING FIRM F-14439 BEING OUT OF THE TX REG, SURVEYING FIRM tS-101938-94 FELIPE JAIME SURVEY, ABSTRACT NO. 664 DAAIM BY CNECXED 8Y eaALe DATE ✓08 NZITER DENTON COUNTY, TEXAS DRI" RS 1"-100' 11/10/2014 3407-14.001 SHEET 3 OF 3 rWC Fii F! A4-a7-14.00lFX-29.DWG F3 15-477 EASEMENT DOCUMENT Temporary Construction Easement: Grantor further grants to Grantee a Temporary Construction Easement, on, over, along, through, and across Grantor's property, with said easement being a maximum of Fifteen feet (15') in width (only where that much width is available), and parallel to the Slope and/or Drainage Easement shown in Exhibit "A", attached hereto and incorporated herein by this reference, for all.of the purposes described in the above Perpetual Easement, and including ingress, egress, and storing materials on the said Temporary Construction Easement tract, during and throughout the period of construction of the Slope and/or Drainage improvements and the related appurtenances and facilities known as the City of Sanger McReynolds Road Widening Project. This is only for the construction of the road improvements required by the City of Sanger, and is only for that work necessary for the execution of the approved construction plans and shall be performed within said easement. The Temporary Construction Easement, upon completion of these improvements will terminate. The termination of this Temporary Construction Easement shall not, in any way, cancel, terminate, reduce, or diminish the Easement granted above. Grantor warrants to the Grantee, its successors and assigns that Grantor has fee simple title to the above -described property and the unlimited right, power, and authority to grant the Easements described herein and to render the above -described property subject thereto, The Easements granted herein shall be binding upon Grantor and Grantor's heirs, successors, and assigns and shall inure to the benefit of the Grantee, its successors and assigns. TO HAVE AND TO HOLD the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement. EXECUTED this day of , 2015. Owner Owner 02 15-463 PARCEL SKETCHES/LEGAL DESCRIPTIONS EXHIBIT "A" SLOPE EASEMENT Part of Alexander Living Trust Felipe Jaime Survey, Abstract No, 664 Denton County, Texas DESCRIPTIOIN, of a 4,883 square foot (0.112 acre) tract of land situated in the Felipe Jaime Survey, Abstract Nlo. 664, Denton C,oue,ty, Teotas; said tract being a part of' -that tract of land described In Special Warrants Deed to Alexander Living. Trust recorded in Document Number 97-R0072105 of the Deed Rem.-9s of Denton County, Tp}as; said 4,883 Square foot (0.112 acre) tract being more particularly described as aollovr (bear"rog systerrr for .his sU vey is based on the Texas State Plane Coordinate System - NAD 83, Nor ft Central Z.-Qne 4202, based on observations shade on January 8th, 2014 with a combined scale factor of 1.0001506S): C OA,151004' ING, ai a 2-inch iron pipe round of the southeast comer of said Alexander Living Trust tract; said point being the southwest corner of that tract of land described in Warranty Deed With Vendor's Lien to Keith R. Wilde and wife, Wanetta L. Bass -Wilde recorded in Volume 5096 Page 666 of the Deed Rec.,ords of Denton County, Texas; from said point a 1-inch !ran pipe found at the southwest corner of saH Alexan4er Living Trust b'act bears South 88 degrees, 14 minutes, 31 seconds -East, a distance of 419.69 feet; T HENCE, North 01 degrees, 13 minutes, 36 seconds East, Mth the east line of said Alexander L hrrip Trust trace and the west tine of said Wilde tract, a distance of 2,031.75 feet to the POINT OF 9EGINNiNG; THUICE, Norlb 87 degrees, 09 minutes, 29 seconds West, departing the said east fine of said Alexander Lkng Trust tract, a distance of 366.54 feet to a point for corner, 3 ;ENCE, :North 85 degrees, 05 minutes, 24 seconds West, a distance of 52.89 feet to a point for corner In the west flee of said Pkxa; rder Lfvirig trust tract; THENCE, Korth 01 degrees, 14 minutes, 46 seconds East, with the said v=pest line of said Alexander Lip. ng Trust tract: a distance of 6.01 feet to a point for corner in the occupied south line of McReynolds Road (agenera'.yrevv-gr4zed public road, no reccrd of dedication: found); THENCE, South 88 degrees, 12 minutes, 34 seconds East, along the said south line of McReynolds Road, a dis.anm of y 1920 feet to a point for comer in the sa€d east line of said Alexander Living Trust !Tact; THE:INCE, Soalth 01 degrees, 13 minutes, 36 seconds Vilest; pith the east line of said Alexander Living Trus! tract and the west line of said Wilde tract, a distance of 15.62 feet to the POINT OF BEGINNING: CONTAINING: 4,883 square feet or 0.112 acres of land, more or Less. to survey plat of ever, sarvafy date herewith accompanies this descrlpUbn., The underss -fled, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately .s out the metes and hounds of the easement tract described. OF Rdns Seas. 13 101 1 CNIt -R gisered Professional Land Surveyor No. 5921Pacheco Koch Consulting Erigineers .6100 Wes am Place, #14 001, For€ Worth Texas 76107 (817)412-1155iTX Reg. Surveying Firm LS-101938-24 3�{7T-i4. J;EY 22dcctRS 0AE Sheet 1 of 2 F1 15-463 PARCEL SKETCHES/LEGAL DESCRIPTIONS =---' =xc°•E 0 50 100 200 PaNY FCR dca s anOMEE r WED) .�-�-MY-VE V, =�LhOrfGRAPHIC SCALE W I=EET A0. C' - Ci4.sf= -Nr ri= MILLER FAVILY TRUST TRACT 1 (k,O 665, PG. 765) McREYNOLDS ROAD 5:�9,9F�7e'3 J.K'1:{tX. [9FT5 FENCES (GENEI?ALLY RECOGNIZED PU9LIC ROAD, ±21-FEET IWDE• NO F,ECORO OF DEDICA77ON FOUND) A.. B£d£E S✓R1EY, ABSTRACT t10. 29^ F ✓AWE SURWY,, ABSIRAC 'Vo. 664 -� e A • ,a e.. AN 01*14!46" 6.01' Yid 88`Q5'24 W errs' `= CF! i� -2F: � 83 � ar C ( ( T FC-2W c�a SLOPE EASEMENT 4,883 S1= (OAl2 ACRES) 1901,1336 W 15,82' 3'29" W 366.54'BEGINNING ca n ALDEXANDER LIVING TRUST (DOC. NO. 97-R0072105) -S 8B'14-'31" = 419.69` The underaigred, Registered Professional Land S,Jryer. hereby certifies that this plat of --JTvey cciu-Clety sets out the metes and bounds o, jhe easement tract described. N Rest ,as Registered ProfCse-Ol Lend Sur<seyu' no. 5921 j4 gy �sg,� "a R1=5'1FR4 PLACE, surf iC01 �1� ��'y 71 �IE'iil7.412-7155 r431 E.4WEERINGFoR-, WORTH, TX UF4'UA1F-14439 TX REG. StRYF-YjNG FRW LS-101936 DATE Joe Nf68PR Do1Z5 nxAxsvar cti£cxS: 1"=100' scttE 11/1�0/2014 3407-14.001 M n] ¢ U] O C:N OCV klp Z Q ( x� ( i r. a. C 2-iNC44 tkdH-/ _. %P= FGUN3 (am-) 1. A metes and 'bounds description of even survey date herewith accompanies this plat of survey. 2. Bearing system for this survey is based on the Texas State Plane Coordinate System - NAD 83, North Central Zone 4202, based on observations mode on January Sth, 2014 with a combined scale f❑cier of 1.00015063. F PE E SEE EN TBENG OUT OF THE IME SURVEY, ABSTRACT NO. 664 DENTON COUNTY, TEXAS SHEET 2 OF 2 DING FILE: S;07-14.001EX-22.DWG F2 15-463 EASEMENT DOCUMENT Temporary Construction Easement; Grantor further grants to Grantee a Temporary Construction. Easement, on, over, along, through, and across Grantor's property, with said easement being a maximum of Fifteen feet (15') in width (only where that much width is available), and parallel to the Slope and/or Drainage Easement shown in Exhibit "A", attached hereto and incorporated herein by this reference, for all of the purposes described in the above Perpetual Easement, and including ingress, egress, and storing materials on the said Temporary Construction Easement tract, during and throughout the period of construction of the Slope and/or Drainage improvements and the related appurtenances and facilities known as the City of Sanger McReynolds Road Widening Project. This is only for the construction of the road improvements required by the City of Sanger, and is only for that work necessary for the execution of the approved construction plans and shall be performed within said easement. The Temporary Construction Easement, upon completion of these improvements will terminate. The termination of this Temporary Construction Easement shall not, in any way, cancel, terminate, reduce, or diminish the Easement granted above. Grantor warrants to the Grantee, its successors and assigns that Grantor has fee simple title to the above -described property and the unlimited right, power, and authority to grant the Easements described herein and to render the above -described property subject thereto. The Easements granted herein shall be binding upon Grantor and Grantor's heirs, successors, and assigns and shall inure to the benefit of the Grantee, its successors and assigns. TO HAVE .AND TO HOLD the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement. EXECUTED this day of 2015. Owner Owner G2 15-626 PARCEL SKETCHES/LEGAL DESCRYPTIONS EXHISIT"A" SLO"M EASEMENT Part of Faft FAMily PavMssa, Ltd, HEm5r SUrffiy, Ahvwl No- 1241 Cll,v OtBangor, Donton Cogm�y, ToX4s DES OR-4 P—r 10 t4, 4'11 A8, 073 qa i2 Fa foot (0, 11.% ifft) Aireddbla 108Nl hl I D61-h the Wen ry TTWM t 8umay,mlmel W, 1241. CIly of Senger, Den 60'-� oaI]-d acra htA of ?and dmrdbod Ih sposWq FmIIYfift0W- Ud. mcmded h VAmo$242, K!nu 606601he Dead Rucor& Mpt %Ale &-Tkj traot ballog More ilftflWo-dy desurlbod as lolWm fb&--A- ng.iS M li -"bg§s stato pbm5 Goudbaftl systurru , NAD 88, Norlh &VO obaervabow mde-o lanuory giN 2D14 vmh� ombing-d Poqtl& rww qfj.� Oioj 5083)r O-ODAlVIENCq4Oate 2-lach Iran plp iound at tbo -alaft e-qut' �mw--4- 00,U 2-'qT"7w flutg M; f?bld Ina being In ft vmgt JIM of that-oalled 6011163 mam 4-Ai 6. Deed to —0 he Dwfl of, of Oofto ftoenty 'ihV'--9tmi5A4 Inc, r9w-dEd In VDIUM�j� 4-1601* PO'g9o" !W.T: - jg,- TMR; YNEPXE, NM- h 01 d@Rm- ea, U.' MRnUta% 117 6P004d& Eftell, Mjh Uhq quid. G'mt 11no of :uolkll 27.7177 Fare- re- U-a nq and 11`1 o YL:.s t Q n a of a Id 5-D 0�� a gore VaO, -A d I ui o n ca pf a 29, 1 q. fij rA to a jt2-iwA 6. n -md Aft WOCOG KOCH' a ap salfit Oho PogT OF BEOINNN.b�; THEN91R, South 89 Omoos, 15 minumq, 1;5 ,lpwnd§ `Fastsst, a diatomm of 17SAO hft? D , q pant v t -Qumurl� f, UENCE, NEHLb 05 dugrigoD, g"I 9rnlMierg, , 't' f to. a pb1mi f*br 1 zwqa,4w n 6Y.; THENCE, Noll 88 dc3gree.5, 2,0 ffflnUla% 7-9 mim-ride Wegi; 11 alpiIgnue of 21,00 foet to a paint rof tom,er; -WEN CA N a f t I 1 .8 as 41 b Uya a fi ftfO 0, 07 13 0-c- F3 N 4- We 1, a drb Igom 74, C62 -c4kdlloaPOJWorm3r-niar i1W. of MoRmlopids A, anj �a Oonof q_pY l000gnlk1 pubL- mad, no rce-brd of THENOI. 8010h 87 degrm, 53 MlnJubW. 37 -R-e=du EAsA, Mang ft -fgild -sm. h gin@. Of Y41ROYlioldn Ruat; a tlii Ennea OW113- �afg a PQ1Pt fQF Offier, TH k Nal � S D u M 01 d 09m m 44 m bula! 07, -ger: 4 5 llbg, ft§-P H Q III e. avid n U lh -11 r, P 10 0 ReYn-,8d EGINNIINO; ooGr,sat41, A Ma motets and bnndBor 4he eggednan t EMu&Au;crb ad. v J. Re&7j ii-68—I All &v R9919ad Oy*Aggnal Land fur 16,19.24, PpAhew Kwh O�tnw- Liq Engimarp f 8 17).41 2-V 6S, 34DT-lAAiEQ4-domRS- TX Riv, 1$orva�(m-g liitm 1.8-10on,24 MDT, 14mmj4-4tn ff $lleot I Of 3 Pi 5-526 PARCEL SKETC]EIES/LEGAL DESCRIPTION- j LALF. LANE, INC. TRACI (VIX. 20355, PI1 085) MCREYNO- LDS ROAD (0- Y AE70-M W- ROW MW. &m—=.r W& no f? or 'MCA 77av Fvm) 0 .50 1uu GRAPHIC SCALE IN FEET PROEM IX4F RkefteRt LELP RR IMBEft - FaUT LIF El=.QN1114M MAP B 4TA lie • N wSr. -I-S 01-44'07 W 14,44 C-A.9 59T �M.-) Cyr V2&29". W 173-16 'sham NOW V. - SLOPE' MOW ArINEX mm� W, 1XV-1111ARM op 51,073- SF ROW 9 Emms %lie Acm) FPL@' FAMILY fARMER54 UPt THE DEN70N MUUNITY (VOL, 52.4Z FrG. 6DS@) mvnlo. Irm- (VM, 4159, M 734) R5 4-111tIff iba Wofifivolito -L, dprw= fha this Flat df 1 y sets ijul vw m- qjb sn timeffii-tit Ampt dv ".bad, Pachoco Koch Mff In c- Ru 11 I. A rmlgs and bqwids dn"vort of iam-) cavoy 40ta 140*14111A 1pe6rtipufflon ihh: plob of summp Bea opum fer WLt oumy k bow pa W 11PNE-LU Utgip�, pluma 00ard1ficto 4awm — NAD 83 , h%M oavibd 2onc 1202, buatid on jobitawflons nw& on hnuary'llh M14 with ri Est b1mad mak kdor Of 1,00518M. offw. = OF -mK HIM 11MUMM 0100; ABOW M 1W, CRY OF somt- cm, N CWWY+ TIM. SW 2 OF 3 1 F2 "26 PARCEL SKETCHES/11,EGAL DESCRUTIO-1 0 . Oir 0 so Ion 200 /A L: OAPHIC SCALE IN FEET LEGEND ROW&Y V. LANE� KALA LANE, 1140- (ode. Na 1)ff-R0036872) TRADT INWE (WL. 211M, K AM), lm'vREYW-OLD$ ROAD (amway Rromm famio Raw, zkff-l-FM-T NJ&- ND WOOD OF =ffiA-WW M.- W), Fd3fL3I�7'�d*4 ypq MY,37' E 86V�V 8WRau N'73N 2V2G" WK SLOPE EASEMENT W3 SF 0AW AtRe5) FALLS FAWLYPARTINERS, LID, (Val- 61+-Z' PG. .9066) 1. A mwtwu and m budu duvrfRtlun of mn n.yWil"Its htrwitih at4arnpanhma data plot 2. Bwb)!W 4yviam for this !uun�g Ig banad an fflig Taxog Stots Rune 0mrdinate SAlem — Him 0 iWAA CembTl zarlo -4202, baded f�fi 4 m6m4 fiwd� on hnuory -8tk =4 wft a amibincd icale faubw of 1,00,015061 $LOPE"SASEMENT -ml Pac hee- 0 Koch Bum 0 WN . . P-l'kp imillillimia *Om M WINE —1. ". " I ...... .... Xm% MOM w-l.Qmm_-K4l +0" w�wi mm" ft 1;241, *V lowaw all .1 saii cff rw w4am� umm nuum., WAS I RS lw-loal j$116YN-14 M7-14,001 aim 3 OP 3 15-52B EASEMYNI` DOCUMENT Temporary Construction Easement: Grantor further grants to Grantee a Temporary Construction Easement, on, over, along, through, and across Grantor's property, with said easement being a maximum of Fifteen feet (15') in width (only where that much width is available), and parallel to the Slope and/or Drainage Easement shown in Exhibit "A", attached hereto and incorporated herein by this reference, for all of the purposes described in the above Perpetual Easement, and including ingress, egress, and storing materials on the said Temporary Construction Easement tract, during and throughout the period of construction of the Slope and/or Drainage improvements and the related appurtenances and facilities kaown as the City of Sanger McReynolds Road Widening Project. This is only for the construction of the road improvements required by the City of Sanger, and is only for that work necessary for the execution of the approved construction plans and shall be performed within said easement. The Temporary Construction Easement, upon completion of these improvements will terminate. The termination of this Temporary Construction Easement shall not, in any way, cancel, terminate, reduce, or diminish the Easement granted above. Grantor warrants to the Grantee, its successors and assigns that Grantor has fee simple title to the above -described property and the unlimited right, power, and authority to grant the Easements described herein and to render the above -described property subject thereto. The Easements granted herein shall be binding upon Grantor and Grantor's heirs, successors, and assigns and shall inure to the benefit of the Grantee, its successors and assigns. TO HAVE AND TO HOLD the Easement to Grantee and Grantee's heirs, successors, and signs forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever Defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement. EXECUTED this day of , 2015. Owner Owner G2 r f R 15-525 PARCEL SI ETCHES/L GAL DESCRIPTIONS o. �iilt�lT,f�, SLOPE EA§F—MEhiT ? Pitt Qf File Jain R, Falls RtW Patty 1 Faits Heyoc--ably Wng Trust MomyTTewiever-SurvaY, A offiat W 1241 M.V Of &J7004 06nfarr COunty, i'-4n'ka$ M-SCRIPTION, eP a 1,543 uquara root (*,036 ac ) tra-0t of lend sltuaWd III the Henry Tiers+ e*r aupiey, Abotmot mD, 1241, CMYGf gflh0or, Canton CcuMMy, T s; eaid tract h4i 0 a ' part of thal called 410.3a6 aora tact of land tlastribed In $p"rsl Warranty Nod to 7ho Joe R. 1=alls ar.d Petty A Foils a evomblo l Mng ` tupt record in Insirwnernt No, 2005 :Ml l of ilia tfolal Ri=rds of Dentor, Counly. Texas, said 1,643-square foot (03 06 acre) tract being mom parfioukory dnor i as fotlews 0001ll36 aystem for_fhls survey to based on @ho Toras Stwo Pl=rre Coordlrtle SystoM - IWO 63, North Cell Zone 4.2b2, Im ,ad on obsorvatiorea made on jwlary 8tti, 2614WIth a oamblraoti scale faottrr of 1.0flo f 6068); tyOP,1ty ENCING at a 112-Indh ir-wi rod fcxrnd for coratar4ithe Interseotior of tha nasl ke of Post f RIfIgo Itod; Road (a 6"- at tight okM) Wh Ibis South Irne as MaldegnDlds Raacl (a varlok�Io Width rght-afvtraA 30•foOf At WE; print) dedicato l byRargor CreekAddRilon Section 1, PNiftioe One, art add&n 10 tfia -Wily cif 39090r aarardirtp to this fiat renwtlad In Cebinet 1, Peat 399 of Me Plot R000rds of Benton 00:un€y, "texas; from tald polnq a 112-lnoh Imn rod Its h yellow cap Ibund dear$ North ff degrees 87 mir.Wes 09 "cxnds Wes2,.a dlslenc-o of 135.19feeh, THENCE, South H deomes, 07 rAlnutes, 33 swonds Enst, departing iho Bald gas# Me - of East Rldgs P-wk Road, a 0slance of nUe; feet to lho POINT DEGINNINC); said Paint Eyeing In the cowapfad anuth line of MdRoyfiolda Roacl ($ genamoy r000gnized . • public sad, no moord of dedlemiloN found) ( ` IAIENCEE forth 87 dagraes, 36 rolnules, 4 aetonds Eest; a d€stance gF217M #eat to a paint E - I oot water; THENCE, South 34 degrees, 21 minutes) 03 seconds Mat, a disla"r - of 1638 fem to a point t for aorne , I THENM North B• degrees, 01 rraIM10s, H wands Went, a Aislanec of 22e'96 feet to ft POINT OF IMINNING; CONTAINING,1,643 agtmm foot or 0.085 stitee of land, Mor,0 Or IHs. (A wwy prat pr**n srmrfry drafe hjvsrvlgh acc arr�*W1ca Ibb dascr*fkn,.) Tho undersigned, Regrstered Land sLuveyol., hereby o4rftin that !ho daacrigfiotj Gr�l®iy cols outtha MOM and bouhds of the raasemera tract dosc-flbad Rend llt?ss 1I -T 01'- Registered Pofi=lonal Land Strmkor No. -701 ;� r'�" ••;'��•• Pacheco Koch tiatrlilrtg n Insets '�� " :. :,. ,k..MA ='1i iiltat}Woatem Place, r14i01, F01tWaTata TcXas 76'i07 ��s�'•` ��.. . (fit Z) 4-12-7155 ;t�w •. IX Roo. Sgreaying Fermi LO-10-1038-24 Mt4401MEX 42A-MaNRS J401'-i401FPC12AWa6 s4oet i 4of2 rorog-cing F1 16-525 PARCEL SKETCHES/LEGAL DESCRIPTIONS rim 0 30 11-0 120 GRAPHIO SCALE W LEES EAr£arkr Lim MY paq cmm, (umm ollqmtE wfcm to"mw uWai0o Ao.c-6-myu�&mwvm .-N The undw*ypigil, ficyT&UN'd FiftifepArful I suft-pr, he VWUUW Uflit WE� Plat b1 szirvnyq acmmidy'. wis ojjt tot 0 of the atiffamont tmot = EXHBRT "All E.IVA LAR!;_r ING, 'TRACT ME (VOL 2055, 111 585) Me-REYNOLDS- ROAD (&FWALLY R&VgW,= MMU-9 M,9, tj-0 W-MV CV WWAWAV MW) QMWff AFFW&-UW73 CITY CUFTV40ECR gF m QpffiW m A pffias Nm:mm-hv) 7AW raF BEGNAyk WG ISM, 4A%,1m)t igm w. MOM WH07 Z1174=41,PachecoKxmmmom r AWA&% ix - AURA) W XIE R. FAU AfO PATrY 4, FAUS iREVOGAME MPING TRLFST (MT, NO, 2-Mr-51411) A ffittO IM4 bWWO 4"cfl[Oft 6f um -nunV- d4o howNh -ffvAump=3= thlo Plat of momy. , ;gwrki§ spttrn &r Wa sumay is beteed co thsi Troa,AfAro PW* 06cirtirmaa soten o NAT) 0, uA -biwomAtgno mode nn ifframry & 2014 mM u "imbIned v00-0.1 0040 WT �p m HoW T1Elb9EM SUMW. AOMW 1411 12411) ov or MOM oom ow"4 mm SHWr 2 OF 2 F2 15-525 PARCEL SIKETCIIESA LEGAL DESCRIPTIONS 1 EXHIBIT "A" y� SLOPE EAWMENT Fait of The &.% R Falrc end Fatty J, VuJs Rauoc.blo Lrvfng Ttvat a HsalyTterw"torBurvoy, AC3sttact No1241 titUP�rr1; L�eriats C-euniy, T"ehas DMOMPT UR of 01,ib7 aqup fc 9 jt}.Q4ti aoroj TrackLit land siwAd let the Her.ry Tr6wtarifer surv%,, Abstract No, 1241, Uy d $mpr, ®orfti Quanty, Twm, Bald 'IM01 Ile -mg a Port r1F that Balled 410.�66 acre impt of land des m- baJ in �paclal 4'iMnty Dead to The Jae R. hullo- and Patty d_ rail., Riwoceble Llkft Trwimotded in IntrumenCPtd. dffhu Offidlc" R04erds of Denim County, Taxas; hold 1,7157 aqunta foot (0.04D arras tram 5oing more PprllhuiMy ri ara:ad &i follaws (buaef rog sweet for w's uurvay to bleed or the Tia m& Stag Pleae Coordinate 4Anm - WAD M, WA Cenlraf 7MA 4-M2. iawkd an obsarvallont, made on J,,mup.lry8t?% 2014vrith a coFrt6ined s(y�1XGa83ot? Gi?MMENOWD nt a ir2fth from red fduhd for ccr.ngF Gf 61VIAM1.110 of EnM, RIdW Park Id(astl-Thalrlghi=af,4W)vARI4hasrrlsthIMa'jpfdMQRW 3arFaWia4ro.. dmbii�r�t-dfa;r�, r 3fl. t RMIR point) dodimted by �trgu Creek Ai'�_iitt y'sq"Jign Via: F?�ka�s r,�•af# ��tlIafi�I&Ihy.G's) bT sanger amlolnq to tho plat wordad to Qhbfnet I,.• •f�- 0 ouniy; t'aXas: frdn nja d potieiil. a MA -Inch Mm Fad with minut&-M saaMbde We-slra ran eof i3 �ttf k Tf ENM, ftfli lax dsgve 65 mllutp, 41 aL.Cmds Eaal, thwift the tiWd sa5tirim of Eaet Rd& Perk Road, a 6tanca bt 1,0951f f,:et to the POINT OF BEGINNING, auld Point haing In the oumpt d s#rtrdl tine of KidR•eyrtol& gaud ja Morally mognlzad poblb row, no rpWrd rrf ttwim.0fon fddndy 'lHPNOKSMII Vrtgpm,14 minudy. , 58"aunds-&M, srostmm of idgilTfaettgapoint fatonmt, THENCE, Routh 115 degram-45 minutes, i$ aeeonds We#; @ dlsfanon of 73r231baMa Po(nforioor7er, TWNCU, S 89 deorm, 34 mIn' utpe, 24 soconde Wesi, a diatsnh' of 11753 flat to a pant e'nr c_hrneN THENM� Morin 42 dAWees, 33 rninuios, 14 wands Nm&, a drstanda & %ds feet tie the POINT OF COWAINIING- 1.,757 squar-TQp! apt 0.040 acres of lmd, more orl®ss. ¢A"W1:"Y,hfat of 0vM 4vmy dola ttarfx Al advnmperrlias fits de'almokn j TM un4r bhad, Rggldtarea PrOmMonef baM NiMs tint tho: fcuap1hn dpacription eaourateiq nets het the raet�a end bmmde, of the aaaem i!41.rMt dowlbod, $rla SII B 11 #.t!qw . ,r�.'jy'�i17 8}'+•' . Wered F cWosslunal Und 3tuveycf Mao f;Y, 5g21 �.ea•:sk`Tf, js c ,r* Parhecoisvdeh:Corisuldlnq•l=ai9fBe� �•.tr��d���, ." .. gi�QW�}terel�ap,#19t1�,F=ar�4rtrc,�tltTsxecZeli)� :� ,� s.} � „'. TX Rey, SurvayIN Rat t 3401RW4 WT-1.#03EX 1aR.Av-x: 9 �m7•fiaAu�€��gudr�A dd Shoot i of 2 F3 F24E PtJrJY stye Wk&k ORAPHIC SCALE IN KU m-m (4r"Eaml Noq--W) um. LANE; INC, WAOT ORE gom, PC. sm) PARKLAND DEDICAMC01 Mh?EYNOLDS -lit tu IA f-WER SPAOE ROAD -4 ch i LAKE MOW ESTATES (ammay ft-Omw pwkv PHASE I N&A 3MI-ma Babg GAO. V, M 752 P011wNr IND rcm N 87'577109' JV 13r (04) k.1 g, B7441V � 190 97' N 02*3410 'LOT Tl1,767 W—�F GOPX lAURM) Raw OON n9, F Aftk. 1 117.02" .Akv. PHAiE -641 1. I* undwWgniad4 Regiftod Plotamtomol L ur=y 41ste MA iho metas and i" &asamt"*t b,=,t 4wtlbrjd. 5021 H E J 0 E R. VA LLS At, FAnY J, FA UZ REVOGAUM WW TRUST (wa, NQ. 2.005—D1414) A m0is and Wunda d49> Pttdft of own Duryty data hwwwlth accampam[as to plat of mjrva� 0*.wng 4-Awn for ft Itimy W tm"d an tea Tma StQto- Pjcmw 04a lhdt* SyW6 — NAU 83, Nortli Cant-d Zhno 42OZ ha-d - xlbElvmtf=, mnd& an ddnuc 2014 with o comblimadarO16 Qf J!I 01 fQgt4pr w A - U0 w ­ Ou WNr. mw Vw 1plFwm5w9av I T9 Koo I oit fHK WOO flow T TKIRNMM 4. sumv, AMMAN NO. 1g41+ VAT9- Df1Y fiF SAXOt. VOMN =Nffl 7FW F4 r 3 15-525 PARCEL SlaTCHES/REGAL DESCRIPTIONS EXHIBIT "A?, SLOPE EASEMENT Pat1; ofTNmJoe R, F-airs-arid Patty J. Fade ReVoUblo Living TrUet €iorkry eMetter Surlmy; ftsMmt 4%,1241 Cpyapaangwr, D€rnlop 004my, Texas DESGRiP'o`ION of ip 2,93 uarsfo❑t 0007 aoro draot os land eltuated In tha 4prary Tlerw,wter +Survey, �trsa No, 1241. Gly e ingar, Denton Cauray} 7eksai said tract brilpig apart of that called 4-10 #5B - we tract ar laM de bad In ftWhl ftrranty Dnoa to Tiro .tee k. Falls aced Paily J. Folfa Rg%t0ea4tc UvinLl Truatmodrdgd In instrumani Flo-: 2.005=5WI of tho otfiaa1 Recorrts ofDantan Grrunty. T'exa0; awa r 2,02squatstout (0467acm) €tart4aingmoro parWfcr,Wlydeaulbad an tot pm (beer1p0 system ru this wrvoy is bnalm! en'ttte %Sian 814ta Plane•gaordfhaw �Pwtem - NAD 82, W-4h C$ntral Zane 42V, Mo on observatmne made ion Januaryath, 2014 pith a o tbined scale faater of 1,0001506aY COMWtENGINQ et a 1- Inch IwA rQd i0und for corm at teas InionseaRrn of thg ml Itno of FAU Ridge . €.?rk Road (a Oa -foot dghk�f-way ip) lha soLdh IIne Af MoRa+yndds' Rmad {g varbb)e widih right -a Avay, 30-faet at ft�s pah) dedingted by Rmipr Croak Addition Se6un 1, Phua One, an addi --r Ou Iket City$ _ 9mg4l aoftdmg to gm -plat raaardad In 0abiout t, Pap 399 of the Mae Roeclfds of I)rtton i2au* i akaa: ttw said ImIrd ij 1124nah r on rod WAJ yd1)nw s.ap tound boar, Noiib 87 degr,�s3 5T manufes 00 s$nnnds'lrat, a diotanoeotl ,10fr3al: THEIOt:, Sauth 97 domes, 48 mftwteF,18 suCrrrtt#S Rasli departing the sold; rant Ilns of Fact R140 Pak Road, a dlstanae of 1,330,E M to ibp P0I F OF BF-Gf sad pa1nt WIN In tho occupied soulh Itaa of Mr.R9yriolds Farad (a.generaliy roongnl>ed publfo rand, no ret,,; d *f d9dinetfonfirtun+J� b TliER08, Sc—Rem 87 dagrsea, za,mimrte% 14 sawrids East, a diakartce nt 104,f0 feet tc a point oar aprar✓, i T1iJENCls, 6 cuth Ott 016grees, 30 nmk , toe, 56 aecondn We tit A dfsfanne of 22.03 root io-a?tain1 fir 1; THENCE grill 70 degreer,, 57 rnrnute% 12 NONW5 Wr t, a tStanoe of 1e0.42 feet de a ppolru rat t THE-NOE, tk-rirth 715 deWiaa t 25 aaimtps, 45 su;ohtra West, a divior d 91.30 foot to flte POINT OF @Er�rs'�ViNC�: CONTArNING; 2,932squ a.f°at orll,t50 a0r of lard, err$r pr y (A 5t wyptaf afpwn s"y W1,a 1wrowNh va—a pmk2o this dow* t pj Ttw undar`jgned, jftNWmd Rrufg%gnat Land Suiwjw, heroby 0�1101as that f e foT5901ng d0swIli b 0e0rrtatalldi�6te ou€(b mdas and bouuls of the eag, rMghl Not destr-�bsit Rea$Sliva* - 1. Al ' Ragieterad Rrcfasaioriaund uurPlW mo. 69Z1 Pact exam KoohOfinsufft Eng.mem &100. Western f'(MA001, FCfl Wotth TWO 7f 107 (817} 412�7-t55 TX Rog $uw yIni -Frrrn MI01006=24 ' 34ftP•laitoi�s:'r2C.�scxrtr3 usT. ummk 13C,dq dfl tsh�,;ett 1 Of 9 F5 SILE GAL DESCRIPTIONS 15-525 PARCEL SIKETCHE I N f 15 0 Ott S4 fi�aEXHO 91F "Al' M FEET LAKE RM-E ESTAWS A MASE I OAB. V. PG, 752 mT W wwm &aw-awwmq.� IA 09H SPIAC6 pm -timm." Mc RE YNOLDS' ROAD tw,w?ALLY rdraaMvM PuAfa iWv!' Foul&) No RECOM op MICAlflaV d" WW43- Wt r5 ul� AQ fFEK � pig W;A An -m,D undamignmt RaGl9tem-d Pfflrege&�Onal L� 'wifilm umt mates Of w t,,a di4glbed. t the mates and R*Rlatemd Profee I'land dim 4 pgkc pfaf- Tx SANGM BRV-LWM"4T, L-p- {NST. go, 24"-79702) M;p,W VVRQA- UNIM OF Fw8Alow W Fmm N FM - ENT SF (0,W ACRFl) THK R. FALLS ACID PATH`J, FALLS I&,GABLE WiM TRUST agn RO- 2=_510f) M-1 A matea and b-hdb 10,11, Van 41 A aurv3y dqtt h�owth ar;mmP.W -uplfff plot Of flumay. ♦ rn7; 4YAffm for ifib 411rNw Et ba�t4 00 b)b Me NAD a3i Taxas ito plena Gactrwail'w SYU� Horih Cntraf y?" *20Z basad an obumvOtIcam 2M4- Ob ff, -mbir,64 malt fffinigarM, ... ... ­­ - I - E 'NT -it ; EASEME WMIWM� 1: a off or na ­n" F-1 V t izo, surow, Aww-T m +Imw WNW - r euvw. UYAS owup W05" Dmm skugOF2, F6 s 3 15-525 PARCEL SKETCB+ S/LEGAL DESCRIPTIONS ; 3 I EXHIBIT "Am SLORE CASEMENT Poft of Tito �w R. Falls ard Nkfty J. t iak, Revoeab?o Llving ir�te4 Hemy Tlerwolar Suivey, Atatraat No. 1241 Ctt &Sanger, Dorton Cowity, T-r3xa§ DERO PTICR4i of a 1,401 squero fad€ (10 413 acce) ttaat of brad shuomd in tsae Henfy Tlormstoi Suivey. Abufi`ad Nor, 1241, City of-Song-w, Banton unly, Tamed; sold Iraa betng e Pratt or tha€ Gaud 4%30 aora beat Pf r;md dwribed In Spad—al Warranty Dowd fn The Ja§ R. Falls end Patty J, FAla Rowaaw Liming Trust moardo In fnstrurnottt Ni?, 2006-U-1411 of the Ofifolel Noords of DoMt5n Ogranty, Taxas; sold 1,431 swwra {,art (0.0,33 norm fesat•helna mwfa pw tasrlady dtWhgd a-s folloW4 O Wnng ayaterrt for this survey is bn&M on ihai axei; 54t0iano -Goatxitrlate SpIont - MD 83, Morfh C❑ntml Z66 4202, bsssd an arbeontnrtlatt5 reads aft J 3mierv1h, 2014 Qh a combined eoalefootor of•1,0{501500): COMMIRWING at p it2<in4h iron rod -Found fc_x oDnw at th'h ird�meogojl of the east lineal f, t I ge Perk Road ds + o4bot right nt tivay) wish t3tn sough 81no of h ROYnft Road �a Maridble Ih fthtlq�Wny, <fcof at this point) 4or w(ed by Pnflgor OreekAddlEtin Becitlan 1, phrase Ghe, an ndrllbon to 1ho•Gity of Sbngsr a❑aordln:g hi the plot raoordod In Oabinei f, PaW 309 fif the Met Reoords of Degan County, `pax-ar;; fmm card post s 112-inoh 6m rod Witt ya7tvrr vAp fmid bears KQ1h 877 degmoe 37 mIntrtes CEF sswnds 1+ e4 g distance of 1M,10 feat; 7HUGE, South 87 de8roRs, 45 Wn:steo, 06 Woods 1584 diparting the SeJd OAK liis of Esst R1dgo Pee Raei3k a do?anffa of 1,602.04 felt frx the PdNT O ReGINNING; es d point being in ftb , baurpled soul► rMs of sMcRayndlds siNd {a gonarWy reaa.0rttzod puhlt*, raad,,no rcooM fA dedioallonfourA U-EE�Nca, iRaufh 47 domks, �P m inuta; ,1_i sem1ws fast; a dlttvwe of•2M 1 {riot to a 150lni for o❑mar; TtiOM South 69 Rees, 21 dnMUIgs, 08-R%orrds West, a distoW, of 174A 1 {Sot tp a p9lrtt for �ra`rar, THEN= South 63 ftmos, go r mute% 26 seGontts'Nest, a dlsfarr�-* ofnZfeetta a patntfor oormrt THENCE, N❑O 01 dogmee, 09 mliwlos, f:T wounds West a ce-stermv of Z4 25 feet ttF the POW OF COWAINTNO:1,43i square foet at U33 await of Eafid roars or loos, (A 919voy ptef•-ofavrfr atrnteydaie )raravfxh ppantoa the daocni mQ The urmOWgnod, Rs&iered Wtstpnel Land Swvay nr, ltarebg o60e� IhAt the ft-0905rig rtrx„ aripllavt noourmtoly leis out the ❑ etas and hounds of the sssement Uaat desOWd, Ill�,fiti: •V@$ .�. ._ :0 01 .5,:.. ti1i`t 'F I•':S•r•. RWitlemd PrefoeMAW Ural SuNAyar No, 5021 Panfiew Kaah,06awlflng EgEnbais @' 7..� l•. sib@ Vv0,4em Paan, #1001, Fait V1flrEr TW,—,- ?614z (917) 4122 71 TX Roll. - supra Fitni Lxyltilf3g=2� ��• S07-114R0Mrx 0j10txPs ND7-f4A1Y1RX i�,r trot l Sheol 1 of 2 F7 1&525 PARCEL SIKETCRES/LEGAL DESCRIPTIONS HIM 0 .30 60 120 43RAPHIC SCALE: IN FEET PMT W,00W. (W-EUR MEHME NDTEP) camoUAG thmmy A .01 c- wwo'A t, 9 H-1 I MV-3 W (WANAUY&-comm Fam Rawl NO REOWD VF MM TW FOM) P. Xeo 67- te--- TPA Gv na �m. LL - am Vol% s WOW 9 IM101 A. 04 T SWUM tv T -h& undtr -ad,. htmd ftifosatcridl L survoyw� hereby ZrVitgT ftt tm plat a, mum-ey o.hpirimly sm out Cho MWW Qn bijimo;k the vmwmurd tr=t dmrbsd� 9-ANGER DEVELOPMENT. LfL (INST. NO. 20IM-79702) QWENTMMIX. UJITS IF WMPAWN G� FEWE 001011 S 6011'OEV W 174.111 Tfif: JM R, FAUs AND PATU J- FAU-51 iREVQCQLE U"No VIRUSTI ((Nn NO, PODS-51411) —4 A mesas and hound's dncrlptfon of -even 4Ur"Y doto Bouring my-Aurn for M ofvby ID busad oA the Tswom Static Plime 0wrdhoto System - WAD 83, moT.1h t,-Ri" ?pnp QD2, tweed an 04cmtlm mk!d* c;A voFjuury 43, -293+ w1ui tj embfhed � W6 fuutq5t of 1.4joa16un U& MgEUOM F10 V-1.4W 1w. N r; ovr IV T41 E Num IMMMM GUFW, AMR= -M 1241. &vmmn ony or sqmDWON UOUNTY4 im URI W1 SHEET 2 OF 2 A: Kf1=:-3407-KD01MU2DDW0 F8 15-525 PARCEL SIKETCHES/LEGAL DESCRIPTIONS, F-XMI31T "A" DUNAGr= E;AsEww Part of ThR.fia R. Us arvj fatty J, Fade Ravooble, Uft T(wt HOW VERVIerder $Uww, Abstract No, 1-241 city 6e S&Ipj; D&?toft nugnty, -r'qY'3'7 MOMInflok of it 18'm -Slime font ((),M 94TO) Yebt of lard orwated In � Hea" Tie' rwegiff 0.1(y of Spno". Ddnln County, Tuxes; Laid tray holhp tj pArt of Ihot 0allod 40z"06"trAd of r" daw1bM in S� ew iffwantY Dead to Tho JDa k Pnft and My J, Falls RkmM I;1Wn0-Tmtr4§mYded 6 WirurneDVN6, 2005-514fl. of the Oftlal Rw*14% of F aft4on Counfy 0 _, TmAR; wId A�10,qijars feat (o,370 We) Imat heIng hicira pwilmo-Mly d*rv-1W.A.-fs fiblk1'5(beariag qttw for We atuvey Ig based 00 the ToXEis SW) line Coardfnalo f8rb - NM 89, Hugh Uonirgt done 4202, hmd on ob�wvgUans MiAdg� on Jarlugly 64h, 2W4 141 oornb"wd !floalff lbatur ur COMKT-WING at a 112-11rldh Irowrod fcwrd fbr Mt e;Atqhe llff&gj�W Pait-Ripud*(aO-foot.dpht-C� i/ay)kMlhtlloSij h --bMAM-p4:whvbf'kqA/' WE0 omlw .01iIbSW0& f?iie F i�:Gv:6f8MVA0014ng to the platropurded In cj�lh4), P41i j4.r4& drmt3i1.t 'A T,exm; *orn SaM WRt a V-kiob kon rod vAh y degrees a? MTrawdif tc3aWE; Wft4 a &Aow DfISM9fg0f; p THE34013, SuWh 88 ftreas, W iningtog, M eat OfEq t RUge Park Ruud; a di*non ofm,84 fafttio tha POINTOF tBROMNINGS; said - bein g Mg &AUPbd 6QUili PM9 Of M6R%Tn& 1160d. (a gonerey ebaqgrf�sd gubl(a r(N-W., no %awd. of dedloa8on found) Sbulb()�degreo&, 83mhul%. 10aeobtias Fol, o THENCE, THENCE, Noth V dogroeb, 21 ffilnrAes, 03 smopxls ML4t, a ojrianbi of 225,80 Net W ft POINT OF 8E(RINMNG; CONTAINING, 16J 18-sqvora fret oiT o.37o fteri5§3 of joftdl mar e Moss. (A $UMYPW Ot*ffli­Wdafd hw-16h amwpinks TM UrW erd W had, Ra& tured Pr&er jia I W d Surveyor, hereby ne Opp—ri itio L itw fQrg-grjIng dos cTj plion gunho ftletes and WOM& of Ulu eunm4traw dnjbfflx�3, I' # Vg 14"' $urveying FM L&AM 0,kB44 307-IMMUM66 ex M, Taxnt'MOY Shoat 1 Of 2 we, I 15-525 PARCEL SIKETCHES[LEGAL DESCRIPTIONS 130 60 O—R APHQ a IM-FEET M E,MA LM40; R4 LAKE RI�:STAWS LE TRACIT ONE RASE Wit (VOL, 205� eg. liffb} CAB. LU Lac 0 Fm CUMER leum A-m-mmv, M IWARE NOLAS ROAD (MMAUY WOMM M&M, ROAD NO &WORD OF Li lb-o undm�rffdk R091OV-04 FrOmfon'21 U SUMAJI hO* o - Q"ffct;. thAt Oda Plal'of =4mummay, Oz oui't�* motq* obd .;,I the "=-'F 4--vnw a-vaydr N0. ...... ..... ­- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If I - ­WWWW1 abeco Kovh FURY Wmv TMIM, 'GIM MA#W . 4 " 11 d R-1 -;' 01221le SOM.01127 w THE Q? k MW-AftE W AND RA J. FALLREVLIMNG TOST (INS-r, No. 2t`—5141i) wrl-S-1- 4 motoi i5hd buigEft dttadpUba of wan wrwy -dutit 3jwxmjtb amompanjag thla plot at wrvay. Soqiqftg ayate�h tar " Auray 1q; boua on thc( Toxop iStiato PWct Guot4lirmto Sygim. — KAD Wi North Dentrul Zone 42G2-4 baecd on ubftmkatttms mudi5 on jartpwy 8, 2814 vdlb 4 Wtlrit4 2]W* 107 017'm7m .1 - MAR "0 our C# im F" I 'd pxNriy TgRwmm SMV, AMTTW NO, W1. .Vmwf DMM ZZIM w WI SHIP 2 or FIO 15-525 PARCEL SIKETCHESILEGAL DESCRIPTIONS EXHIBIT "A" DRAINAGE LASMENT Pad of Tha &9 R, FAUR epd PAffy J, Fajju Revombre Lrajno TrLlGt Hop/Flerivester Sif&ey, Abefreot No, 1241 Vlxxl Sonqw, Awaon 05UJIV, 7.,gm 090MMI 9A of P'13,09 m1unra foot (0321 avro) Iratt of la-qd shugtm gn ffw Henry TILS Twe"Ca .art y &ft� AbOnadt No, 1241, city of Senwji On , Dimfuut.* Tuxw; maw uggat• hiblAq ap of that Oiall I dd of rand a�mugbd In spedild womnly It.- 'kilt@ And p-PRY'l, Nvs Rmmoub)a Uvft Ig ' Tnst rrm-tlod In InWom'M No, 2CM-61411 of04ft 1W- of De*Fk Oduniy' . R Texan, gild 118"AG KV-0m W (021 nerd) trot bauq more pMf�d* .. sWAm for this gurvq m hmad errghe Tama Sla(a Phanu aotdrd -A 42V4 bared an dbmrvaliMade are J@Fmpry 81111 2014 �aD A Nth Ce11 ;G F1 apm�lnd rin-145 (anmv or 1.0001 SOBS): COMM-ENCIN(a pt a 024riO lroa iod'-fouftd fgr wriop.;6r!ME� Ifi*191e,06-a 419- Zia a-Embf 90C Ibis P,vk Road south 30-ftletal; this point) dadW6d bY city 6f to the pw r6mwL3d-tn JIM y. Texsese�n, from r;o Id pint it jj249ch Iran too Y41h yell4coA* THOCS, 6outh V ffqrac% 4s jniftui,§sj ay fm0pndg EPA kpartho the �ld asat fine *f Vad *AW R:4fj Pw'k Rend, a ftlqr= of TO U-4 to the PUDIT OF SE-01NNING, raw pormt bnlng In the crv*f6d sug1h JmQ of fkRWWjds d pubUb Mid, M rf3af3rd Of 7HENGE� am& 87 ftiws, 44 mhuiu% 04 iitwnds. 11imaj a d96tanm qy (M.'39 isdi tog point for DW W_ THHEENG15, Iftum, 01degfL-eu, 03mingtO3, 27 8euonds &e4 -A dlgWn* DO +Qf 11.111:9 is et to A f.,O h t fo t ODf n Fj t; THENCE, Se0h 26 ftgmes, 55 rninutes, W�ewrcdsi Wpsq, a diflanpo aj.5jZfj feetjo-apulfil fbr torngT; 61 vagrom 23 m[milla-4, U 'B&-f?hds West, a dlrVblwo 067-72 fool p pdnl rattwer, THZNr,,:-:, o o m-6, B.jerani 1 ntr rwne v,, THENCEL TH-9141M CONTAINING, feet ca 0,321 iqciras Kand, moro or less, VW Lmd"Imed. 110 wt'smionof U--;9!j ndMyvr, hardly mUllho that tho foregab;u domap-ifon & -md Pm fe �riaut;_ his but-Rve j, A bouri - -oft,$ *%l d�scflJ, b%� naIns a ka opgom,nI ltft Rene 3- L17 Lend ruder No, 5921 Raohm Kcah Ocmul[Mg Emomew BIODWO(OVA Mace, Mr 001, FOA Woolh-Texag 78107 (817)41Z-7155 394Wt R� Tx Reg. Surveying Firm W-IaMa24 Shm't I of 2 F11 15-525 PARCEL SKETCBES/LEGAL DESCRIPTIONS H 0 CI 30 60 120 5­1 GRAMIC -SCALE-M FEE BEN E N - FRUPMTY UKE VW14riff 0 latrT Via VIOMM (UhlF.5t (nHwhigz 4 MUM5 MoREYNOLDS p ROAD (mmmay mmwa PWUa R[ go RWOD Or LMOA WN MM) MITI S 87'45'07' F $p 14) 1-5133.94' 7w ij - 0, C' PONT LOT 15 w xt m FALLS Am & A W PATTY J. FALLS ; Im ®� M m AM AM (1pal, Pla. M05-51411) "MN I., n9i OA0,'l, 30 13AU5 SF- Aw— - Q7: S 2W55W W Q, 's 61*2=1 w N 65!Lzw5V W R@gjpLtMd Prof=[orral L cwufroc aaUh out [her le Umont trot do-orlDW. L nd Sum NQ,- Wl ar M EiRI RE; -a WIQ7 A m6tfm CM31 lk=dll dmNftdPttOm Of bwfl W%W ddt"m3WIL4 oww.pomto ihN PAt Of wvv. ll"Tmq� im for No 4PPM W based -ion Um Tomo So. Planao0pr4jmoto 5)ROM — NO 131, NOFJ CanVql Ul 42OZ boaM �mq tbte?wtlw- md� w two" 1% 04 WVi o imblmd wk am 1p" w VE 'hBMRM -StNW. " ER 2y W WW 4 11M 10OF F12 1 15-525 EASEl!' EE T DOCUMENT i' SLOPE AND/ OR DRAINAGE EASEMENT T TO THE CITY OF SANGER, TEXAS p (with Temporary Construction Easement) Date: Parcel: Property ID: : Grantor: ff* G 1 Grantor's Mailing Address: [include county] Grantee: Grantee's Mailing Address: [include county] THE STATE OF TEXAS § § COUNTY OF Denton § P- HI McReynolds Rd. Sanger, Texas 76266 Denton County City of Sanger 201 Bolivar Street Sanger, Texas 76266 Denton County 2015 THAT, Grantor, for and in consideration of the sum. of TEN AND N0/100 DOLLARS ($10.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto the Grantee, a Slope and/or Drainage Easement, for right-of- way, access, ingress, and egress, in, on, over, under, along, through, and across all of Grantor's property, as shown in Exhibit "A", attached hereto and incorporated herein by this reference, for the purpose of grading, placing, constructing, reconstructing, operating, repairing, inspecting, maintaining, rebuilding, replacing, relocating, and removing, within the easement area, Sloped and/or Drainage improvements and their related appurtenances and facilities (collectively, the "Facilities"), at all times for the purposes for which the perpetual easements are granted. The Perpetual Easement CTerpetual Easement") described in Exhibit "A" and granted herein shall be perpetual and constitute a covenant running with the land. Grantor shall not construct or install permanent improvements on the Perpetual Easement tract, except that traditional fences (no masonry or brick walls), driveways and utility service crossings may be installed or constructed thereon, subject to the rights granted herein to Grantee. Further, Grantor shall not excavate or make substantial changes to, the grade, elevation or contour of the Perpetual Easement tract, without obtaining prior written consent of the Grantee. Should Grantee, "in the exercise of its rights hereunder, materially damage or destroy any existing fence (not including masonry or brick walls), driveway or utility service crossing located upon the Perpetual Easement tract, Grantee shall, upon completion of any work being performed by Grantee or under its direction, repair, replace or restore same to a substantially equivalent condition to that which existed immediately prior to. such damage. G1 F� L 15-525 EASEMENT DOCUMENT e, Temporary Construction Easement: Grantor further grants to Grantee a Temporary Construction Easement, on, over, along, through, and across Grantor's property, with said easement being a maximum of Fifteen feet (15') in width (only where that much width is available), and parallel to the Slope and/ Drainage Easement shown in Exhibit "A", attached hereto and incorporated herein by this reference, for r., all of the purposes described in the above Perpetual Easement, and including ingress, egress, and storing materials on the said Temporary Construction Easement tract, during and throughout the period of construction of the Slope and/or Drainage improvements and the related appurtenances and facilities known as the City of Sanger McReynolds Road Widening Project. This is only for the construction of the road improvements required by the City of Sanger, and is only for that work necessary for the execution of the approved construction plans and shall be .performed within said easement. The Temporary Construction Easement, upon completion of these improvements will terminate. The termination of this Temporary Construction Easement shall not, in any way, cancel, terminate, reduce, or diminish the Easement granted above. Grantor warrants to the Grantee, its successors and assigns that Grantor has fee simple title to the . above -described property and the unlimited right, power, and authority to grant the Easements described t herein and to render the above -described property subject thereto. The Easements granted herein shall be binding upon Grantor and Grantor's heirs, successors, and assigns and shall inure to the benefit of the t Grantee, its successors and assigns. TO HAVE AND TO HOLD the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement. h EXECUTED this day of , 2015. Owner Owner 9 1 G2