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HomeMy WebLinkAbout2011-063FILE REFERENCE FORM 1 2011-063 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Termination Agreement - Ordinance No. 2013-353 12/19/13 JR s:\legal\our documents\ordinances\ll\rayzor-westpark ordinance.doc ORDINANCE NO. 2011-063 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT (HEREIN SO CALLED) BETWEEN THE CITY OF DENTON, TEXAS AND WESTPARK GROUP, L.P., A TEXAS LIMITED PARTNERSHIP AND RAYZOR INVESTMENTS, LTD., A TEXAS LIMITED PARTNERSHIP, CONTEMPLATING THE PURCHASE BY THE CITY OF DENTON, TEXAS OF (I) AN APPROXIMATE 5.922 ACRE TRACT OF LAND SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NUMBER 326, THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, AND THE JAMES PERRY SURVEY, ABSTRACT NUMBER 1040, CITY OF DENTON, DENTON COUNTY, TEXAS; (II) EASEMENTS AND TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENTS IN, ON, OVER, UNDER AND ACROSS LANDS SITUATED IN THE JOHN SCOTT SURVEY, ABSTRACT 1222, THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, THE JAMES PERRY SURVEY, ABSTRACT NUMBER 1040, AND THE JOHN BACON SURVEY, ABSTRACT NUMBER 1541, CITY OF DENTON, DENTON COUNTY, TEXAS; AND (III) AMENDMENTS TO ELECTRIC UTILITY EASEMENTS IN, ON, OVER, UNDER AND ACROSS LANDS SITUATED IN THE E. PUCHALSKI SURVEY, ABSTRACT NUMBER 996, THE JAMES PERRY SURVEY, ABSTRACT 1040, AND THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, CITY OF DENTON, DENTON COUNTY, TEXAS, ALL FOR PUBLIC PURPOSES; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE, DELIVER AND ACCEPT ANY AND ALL DEEDS, EASEMENTS, TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENTS, AMENDMENTS TO ELECTRIC UTILITY EASEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTIONS CONTEMPLATED BY THE CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the transactions contemplated by the Contract are in the best interest of the citizens of the City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Contract, said Contract being attached hereto as Exhibit "A", on behalf of the City of Denton, and to carry out the City's responsibilities and rights under the Contract, including, without limitation: (i) to execute, deliver and accept any deeds, easements, temporary construction, grading and access easements, amendments to electric utility easements and any other documents necessary to accomplish closing of the transactions contemplated by the Contract; and (ii) the authorization to make the expenditures set forth in the Contract. s;\legal\our documents\ordinances\ll\rayzor-westpark ordinance.doc SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 1 day •f d,464,eL 2011. T'7 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: X�z CONTRACT STATE OF TEXAS § COUNTY OF DENTON § This Contract (the "Contract") is made this �day of , 2011, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between Westpark Group, L.P. ("Westpark"), a Texas limited partnership and Rayzor Investments, LTD. ("Rayzor"), a Texas limited partnership (collectively, the "Seller") and the City of Denton, Texas, a Texas home rule municipal corporation (the "Buyer"). RECITALS WHEREAS, Westpark owns that certain land being more particularly described on Exhibits "A" and "A-1", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, (i) Rayzor owns lands being more particularly described on Exhibit `B", attached hereto and made a part hereof for all purposes, located in Denton County, Texas where Buyer desires easements of variable widths, in, on, over, under and across such lands, for purposes related to the distribution of electricity, the transmission and distribution of natural gas, and the transmission and delivery of thermal energy commodities and other purposes, all as more particularly described in Exhibit "D", attached hereto and made a part hereof for all purposes; (ii) Westpark owns lands being more particularly described on Exhibit "B-1", attached hereto and made a part hereof for all purposes, located in Denton County, Texas, where Buyer desires easements of variable widths, in, on, over, under and across such lands, for purposes related to the distribution of electricity, the transmission and distribution of natural gas, and the transmission and delivery of thermal energy commodities and other purposes, all as more particularly described on Exhibit "D-1", attached hereto and made a part hereof for all purposes; and (iii) Exhibit `B-2", attached hereto and made a part hereof for all purposes, located in Denton County, Texas (the lands described in subparagraph (i), subparagraph (ii) and subparagraph (iii) in this paragraph are collectively referred to herein as "Easement Land"), for purposes related to the distribution of electricity, the transmission and distribution of natural gas, the transmission and delivery of thermal energy commodities and the transmission, distribution and delivery of potable and non -potable water, wastewater, and/or sewage, and other purposes, all as more particularly described in Exhibit "D-2" (collectively the "Easements"); WHEREAS, (i) Rayzor owns lands being more particularly described in Exhibit "C", attached hereto and made a part hereof for all purposes, located in Denton County, Texas where Buyer desires temporary easements, fifty feet (50') in width, on, over and across such lands for construction and other activities related to the Easements, as described in Exhibit "E", attached hereto and made a part hereof for all purposes; and (ii) Westpark owns lands being more particularly described in Exhibit "C-1", attached hereto and made a part hereof for all purposes, located in Denton County, Texas, (the lands described in subparagraph (i) and subparagraph (ii) in this paragraph are collectively referred to herein as the "Temporary Easement Land") where Buyer desires temporary easements, fifty feet (50') in width, on, over and across such lands for construction and other activities related to the Easements, as described on Exhibit "E-1", attached hereto and made a part hereof for all purposes (collectively, the "Temporary Construction Easements"); WHEREAS, Rayzor and Westpark have previously conveyed to Buyer certain easements over and across certain lands as depicted in the Existing Easements (herein so called), said Existing Easements each being dated December 29, 2006, and: (i) recorded in County Clerk's 2 file number 2007-20905 (Rayzor), Real Property Records, Denton County Texas; (ii) recorded in County Clerk's file number 2007-20906 (Rayzor), Real Property Records, Denton County, Texas; (iii) recorded in County Clerk's file number 2007-20898 (Westpark), Real Property Records, Denton County, Texas; and ( iv) recorded in County Clerk's file number 2007-20899 (Westpark), Real Property Records, Denton County, Texas, wherein the Buyer desires additional rights, as more particularly described in Exhibits "G-1", "G-25, "G-3" and "G-4", respectively, all attached hereto and made a part hereof for all purposes (the "Easement Amendments"); WHEREAS, Buyer intends to construct and operate a tri-generation power facility upon the Land for the purposes of generation of electricity and production of chilled water, steam, and compressed air (the "Activities"); WHEREAS, (i) Westpark desires to sell and convey to Buyer, and Buyer desires to purchase and be conveyed from Westpark (a) the Land, together with any and all rights or interest of Westpark in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land; (b) the Easements, as described on Exhibits "D-1" and "D-2", attached hereto and made a part hereof; (c) the Temporary Construction Easement, as described in Exhibit "B-1", attached hereto and made a part hereof; and (d) the Easement Amendments, as described in Exhibits "G- 3" and "G-4", attached hereto and made a part hereof (collectively, the " Westpark Property"); and (ii) Rayzor desires to sell and convey to Buyer and Buyer desires to purchase and be conveyed from Rayzor (a) the Easement, as described in Exhibit "D"; (b) the Temporary Construction Easement, as described on Exhibit "E"; and (c) the Easement Amendments, as described in Exhibits "G-1" and "G-2", attached hereto and made a part hereof (collectively, the 4 "Rayzor Property") (the "Westpark Property" and the "Rayzor Property" are collectively referred to herein as the "Property"). ARTICLE I SALE OF PROPERTY For the consideration of the purchase price to be paid for the Property, as set forth below, the receipt and sufficiency of the consideration set forth herein being hereby expressly stipulated and acknowledged by Buyer and Seller, (i) Westpark agrees to sell and convey to Buyer, and Buyer agrees to purchase from Westpark, subject to the reservations below, the Westpark Property; and (ii) Rayzor agrees to sell and convey to Buyer, and Buyer agrees to purchase from Rayzor, the Rayzor Property.. Westpark, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Land. Westpark, its successors and assigns shall not have the right to use or access the surface of the Land, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Land for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. Notwithstanding the above, nothing herein shall preclude Westpark or its successors and assigns from exploring for, developing and/or producing the 0 minerals reserved above in and under the Land by pooling or by directional drilling under the surface of the Land from well sites or mining sites located on other property. As used herein, the term "surface of the Land" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Without limitation to any of the above, Seller retains all rights to minerals associated with all other portions of the Property as well. Notwithstanding the foregoing, in no event (A) shall any activities relating to the reserved minerals disturb any improvements or facilities upon or under the Property; and/or (B) shall any such activities cause a subsidence of the surface of the Property or any improvement or facility thereon or thereunder. ARTICLE II PURCHASE PRICE 2.01 Purchase Price. The Purchase Price to be jointly paid to Seller for the Property at Closing is the sum of One Hundred and no/100 Dollars ($100.00) (the "Purchase Price"). 2.02 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to Seller, jointly payable, a check in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. 5 ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. Buyer shall cause to be issued a current Commitment for Title Insurance (the "Title Commitment") for the Land and the Easements, issued by Title Resources, 1112 Dallas Drive, Suite 402, Denton, Texas (the "Title Company"). The Title Commitment shall set forth the state of title to the Land and Easements, including a list of any defects, encumbrances and other exceptions to title, and outstanding claims, interests or equities of any nature (each of which are referred to herein as an "Exception"). 3.02 Survey. Buyer may, at its expense, cause a current on the ground survey of the Property, or any part thereof, to be prepared (the "Survey"). The Survey may include all matters prescribed by Buyer. The description of the Land as set forth in (i) the conveyance plat, as prescribed in Section 4.03, below; or (ii) the Survey, at Buyer's election, shall be used to describe the Land in the Special Warranty Deed conveying the Land to Buyer and shall be the description of the Land set forth in the Title Policy, subject, however, to Seller and its own surveyor having reasonably approved same. 3.03 Seller's Efforts to Cure. The Seller shall exercise best efforts to assist Buyer in curing or satisfying any Exceptions or defects depicted or revealed in the Survey, as set forth in the notice to Seller by Buyer ("Objections"). Notwithstanding the obligation of the Seller to exercise best efforts in its assistance to Buyer to cure any defects related to the Title or Survey of the Property, Seller shall not be obligated to expend funds or incur any liabilities in such efforts. In the event Buyer and Seller cannot cure the Objections prior to Closing, Buyer may elect to either (i) terminate this Contract; or (ii) waive the uncured Objections, which shall become "Permitted Exceptions", and upon such waiver, close the transaction contemplated by this Contract. As used herein, "Permitted Exceptions" shall mean any easements, restrictions, 6 claims, rights of way, encroachments, defects or other encumbrances or other matters whatsoever affecting the Property as shown in the Title Commitment and/or Survey, and any other such matters which are of public record, and any other matters affecting the Property which would be disclosed by a physical inspection of the Property or an accurate survey of the Property. Notwithstanding anything to the contrary herein, Seller shall provide to Buyer, prior to the closing date of this transaction, evidence satisfactory to Buyer and Seller that the owners of the rights to conduct mineral exploration and production activities (the "Operations") on the Property are prohibited from using or occupying in any way the surface of the Property in connection with such operations. 3.04 Title Policy. At Closing, Buyer, at Buyer's sole cost and expense, shall cause a standard Texas Owner Policy of Title Insurance ("Title Policy"), along with a T-19.1, T-19.2 or T-19.3 endorsement, as applicable, to be furnished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the fair market value of the Land and Easements and insuring that Buyer has indefeasible fee simple title to the Land and indefeasible title to the Easements, subject only to the Permitted Exceptions. ARTICLE III.A. AS -IS SALE 3.01.A. AS -IS Sale. Buyer expressly acknowledges that the Property is being sold, conveyed, granted and accepted AS -IS, WHERE -IS WITH ALL FAULTS, and, except as expressly set forth in Article IV, below, Seller makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Property or any real property encumbered by the Property (for the purposes of Article III.A. and Article III.B., unless stated otherwise, such property being collectively referred to as the "Property"), including without limitation: (i) the structural integrity of improvements on such properties, if any; (ii) the manner, 7 construction, condition and state of repair or lack of repair of any improvements on such properties; (iii) the conformity of any improvements to any plans or specifications for such properties, including but not limited to any plans and specifications that may have been or which may be provided to Buyer; (iv) the conformity of such properties to past, current or future applicable zoning or building code requirements or such properties' compliance with any other laws; (v) the financial earning capacity or history or expense history of the operation of such properties; (vi) the existence of soil instability, past soil repairs, soil additions or conditions of soil fill, such properties' susceptibility to landslides, sufficiency of undershoring or sufficiency of drainage to, from or across such properties; (vii) whether such properties are located wholly or partially in a flood plain or a flood hazard boundary or similar area or within any area that may be considered wetlands or jurisdictional waters of the United States; (viii) the existence or non- existence of underground or above ground storage tanks, asbestos, hazardous waste or other toxic or Hazardous Materials (as hereinafter defined) of any kind or any other environmental condition or whether such properties are in compliance with applicable laws; (ix) such properties' investment potential or resale at any future date, at a profit or otherwise; (x) any tax consequences of ownership of such properties, except as provided in Section 5.03, below; or (xi) any other matter whatsoever affecting the stability, integrity, other condition or status of the Property (collectively, the "Property Conditions"). EXCEPT AS PROVIDED IN ARTICLE IV, BELOW, BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS IT MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, HABITABILITY, MERCHANTABILITY, 8 SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE PROPERTY, ANY IMPROVEMENTS THEREON OR THE PROPERTY CONDITIONS, SUCH WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY. This waiver does not apply to the predecessors in title to the Rayzor Parties. As used herein the "Rayzor Parties" shall mean Seller, and any predecessor in title to Seller that was a spouse, descendant or other relative of Jesse Newton Rayzor and/or Eugenia Porter Rayzor. 3.02.A. Information Disclaimer. Any and all information related to the Property provided to Buyer by Seller (without implying any obligation to deliver such information, however) ("Information"), shall be delivered as an accommodation to the Buyer only, without any representation or warranty as to the completeness or accuracy of the data or other information contained therein, and all such Information is furnished to the Buyer solely as a courtesy, and Seller has not verified the accuracy of any statements or other information therein contained, the method used to compile such Information nor the qualifications of the persons preparing such Information. The Information is provided on an AS -IS, WHERE -IS BASIS, AND BUYER EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS HEREIN, SELLER MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE INFORMATION. 3.03.A. Waiver of Compliance with Requirements. Buyer expressly acknowledges that it is not relying on (and hereby disclaims and renounces) any representations or warranties made by or on behalf of the Seller of any kind or nature whatsoever, except as expressly provided in 0 Article IV, below. Buyer acknowledges that the Property may not be in compliance with all laws that may apply to such Property or any part thereof and the continued ownership, maintenance, management and repair of such properties ("Requirements"). Buyer shall be solely responsible for any and all Requirements. 3.04.A. Environmental Waiver. Without limitation, to the fullest extent permitted by law, and except as provided in Article IV, below, Buyer, for itself and its successors and assigns, hereby releases Seller from and waives any and all claims and liabilities against the Seller, related to or in connection with any environmental condition at such Property (or the presence of any matter or substance relating to the environmental condition of such Property), including, but not limited to, claims and/or liabilities relating to (in any manner whatsoever) any hazardous, toxic or dangerous materials or substances located in, at, about or under such Property, or for any and all claims or causes of action (actual or threatened) based upon, in connection with or arising out of. (i) the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601 et seq.) ("CERCLA"); (ii) the Resource Conservation and Recovery Act (42 U.S.C. §§6901 et seq.) ("RCRA"); (iii) the Superfund Amendments and Reauthorization Act (42 U.S.C. §§9601 et seq.) ("SARA"); or (iv) any other claim or cause of action (including any federal or state based statutory, regulatory or common law cause of action, including without limitation, the Texas Solid Waste Disposal Act) related to environmental matters or liability with respect to or affecting the Property. This waiver does not apply to any predecessors in title to the Rayzor Parties. 3.05.A. Assumption of Hazardous Materials Risks. Without limitation to any of the above, Buyer assumes the risk that Hazardous Materials may be present in, on or under the Property, and hereby waives, releases and discharges forever, Seller from any and all present or future 10 claims or demands, and any and all damages, loss, injury, claims or costs, including fines, penalties and judgments arising from or in any way related to the condition of the Property or presence of any Hazardous Materials in, on or under the Property, whether or not arising from or attributed to the sole or concurrent negligence of the Seller. This waiver does not apply to any predecessors in title to the Rayzor Parties. 3.06.A. Parties Relying on Own Inspections. Buyer acknowledges and agrees that Seller was unwilling to convey, grant and sell the Property, as defined in the last recital paragraph of this Contract, as set forth on pages 3 and 4, above, unless Seller was released as expressly set forth above. With respect to the waivers and agreements contained in Sections 3.01.A. — 3.05.A., above, Buyer and Seller represent and warrant to the other that: they are (i) represented by legal counsel in connection with the sale contemplated by this Contract; (ii) each, with its counsel, has fully reviewed the disclaimers and waivers and agreements set forth in this Contract and understands their significance and effect; (iii) each is knowledgeable and experienced in the purchase, operation, ownership, refurbishing and sale of commercial real estate, and is fully able to evaluate the merits and risks of this transaction; and (iv) each is not in a significantly disparate bargaining position. As part of the provisions of this Article III.A., but not as a limitation thereon, Buyer agrees, represents and warrants that the matters released herein are not limited to matters which are known or disclosed. In this connection, to the extent permitted by law, Buyer hereby agrees, represents and warrants that it realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer 11 nevertheless hereby intends to release, discharge and acquit the Seller from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included in the waivers and matters released as set forth in this Article III.A. 3.07.A. Survival. Notwithstanding anything herein to the contrary, all of the terms and provisions of Sections 3.01.A. — 3.06.A. shall survive the Closing. ARTICLE III.B. INSPECTION 3.01.13. Tests. Until the Closing, Buyer and its agents, employees and contractors, at their sole risk and expense, shall have the right to enter upon the Property during normal business hours (and subject to advance notice as required below) for inspections, surveying, engineering and other reasonable testing and inspection purposes ("Tests"); provided, however, unless Buyer obtains the prior written approval of the Seller owning the subject portion of the Property (which approval shall not be unreasonably withheld or delayed), all such inspections shall be limited to non -intrusive inspections and studies (such as non -intrusive "Phase I Level" type tests with respect to environmental matters) which do not involve borings or any sampling of any material or media, including soil, surface water, or ground water. The Buyer shall not be permitted to conduct intrusive "Phase II Level" environmental or other intrusive testing or any borings or sampling of any material or media, including soil, surface water, or ground water, unless the Seller owning the subject portion of the Property, in it's commercially reasonable discretion, has approved in writing such testing and sampling, the specific scope of work therefore and the consultant or persons performing such work; provided, however, the Buyer may conduct routine soil borings on the Property for the purpose of evaluating soil stability and characteristics for typical construction industry purposes related to it's intended use of the Property ("Routine Soil Borings") without obtaining the Seller's prior approval. All Routine Soil Borings shall be conducted in a commercially reasonable manner in accordance with generally accepted construction industry standards, and upon completion of all such Routine Soil Borings, the Buyer shall restore the affected portion of the Property to substantially the same condition as existed prior to such Routine Soil Borings. Any and all activities conducted by Buyer shall be in accordance with applicable laws. Any entry upon the Property is referred to herein as an "Entry". All such activities shall be conducted in such a fashion so as to minimize interference with the use of the properties being inspected. The Buyer shall promptly repair any damage to the affected portion of the Property as a result of such Tests and restore same to its condition which existed prior to such Tests. 3.02.B. Notice of Entry. Prior to any Entry upon the Property to be inspected for any purpose permitted herein, the Buyer shall give prior notice to and shall coordinate such access as follows: Mr. Philip Baker (telephone 940/387-8711, telecopy 940/566-1591, The Rayzor Company, 400 West Oak Street, Suite 200, Denton, Texas 76201) who will act as Seller's agent with respect thereto. Such notice shall be given at least 24 hours prior to the proposed Entry and shall include the names of the individuals who will be entering the Property and the name of such individual's firm or company, the purpose of the inspection and specific activities which will be conducted by such individuals on such Property, the times during which such Entry shall occur and such other information as may be reasonably requested by Mr. Baker. The inspecting party shall fully cooperate with and follow any reasonable additional requirements or instructions given by Mr. Baker with respect to such Entry. 3.03.11. Insurance. Any consultant or contractor of the Buyer desiring to enter the Property to be inspected for any Tests shall only enter such Property after submitting to the Seller, 13 certificates of insurance evidencing Commercial General Liability Insurance coverage in commercially reasonable amounts covering such consultant's or contractor's operations on the Property to be inspected, with the Seller owning the subject portion of the Property included as an additional insured thereunder and stating that such insurance is primary as regards any other insurance maintained by the Seller. 3.04.B. Termination. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the inspection provided by this Article III.B., based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, that Buyer finds the Property suitable for Buyer's purposes. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the Closing. In the event Buyer elects to terminate this Contract pursuant to the terms of this Section 3.04.B., Buyer will provide to Seller copies of any and all non -confidential and non -privileged reports and studies obtained by Buyer during the inspection. ARTICLE IV REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 4.01.A. Representations and Warranties of Westpark. Westpark represents and warrants to Buyer, as of the Effective Date and as of the Closing Date, except where specific reference is made to another date that: 14 (a) Westpark has the full right, power and authority to sell and convey the Westpark Property as provided in this Contract and to carry out Westpark's obligations hereunder and this Contract, and all documents to be delivered by Westpark hereunder, are and shall be legal and binding upon Westpark. (b) Westpark has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Westpark Property and/or real property encumbered by the Westpark Property. (c) Westpark has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (d) All Leases, as defined in Article IV, Section 4.02(a), relating to the Westpark Property shall have expired or otherwise terminated on or before the date of Closing. (e) Westpark has not received notice of any violation of any law, statute, rule, regulation or ordinance related to or affecting the Westpark Property and/or real property encumbered by the Westpark Property or Westpark's obligations under this Contract. (f) To Westpark's actual knowledge, without independent investigation, there are no Hazardous Materials (as hereinafter defined) which are or have been used, manufactured, placed or stored on the Westpark Property and/or real property encumbered by the Westpark Property. As used above, the term "Hazardous Materials" means any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous r waste," "restricted hazardous waste," "hazardous material," "hazardous substance," or any 15 similar formation under or pursuant to any state or federal statute or common law rule, (ii) designated as a "hazardous waste" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. §1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317), (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 44 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601); provided, however, "Hazardous Materials" shall not, for purposes of this representation, include gasoline, diesel fuel or other petroleum products routinely used in connection with farm and ranch operations, nor shall such term include any pesticides, herbicides, cattle dipping solutions and other substances which are now or ever have been customarily used in connection with farm and ranch operations (and such exclusion from such term shall include items which were historically used in the farm and ranching industry for such purposes but which may now be banned or otherwise not so used). Westpark hereby informs Buyer that it has not conducted an independent investigation in connection with the above representation and that Westpark has limited knowledge as to such matters and advises Buyer to conduct independent investigations with respect to such matters as Buyer may deem necessary or desirable to fully satisfy itself with respect to the environmental condition of the Westpark Property and/or real property encumbered by the Westpark Property, it being understood that the above representation is limited in nature and is only to Westpark's actual knowledge, and does not give a complete understanding of the environmental condition of the Westpark Property and/or real property encumbered by the Westpark Property. 16 (g) Westpark is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 4.01.11. Representations and Warranties of Rayzor. Rayzor represents and warrants to Buyer, as of the Effective Date and as of the Closing Date, except where specific reference is made to another date that: (a) Rayzor has the full right, power and authority to sell and convey the Rayzor Property as provided in this Contract and to carry out Rayzor's obligations hereunder and this Contract, and all documents to be delivered by Rayzor hereunder, are and shall be legal and binding upon Rayzor. (b) Rayzor has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Rayzor Property and/or real property encumbered by the Rayzor Property. (c) Rayzor has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (d) All Leases, as defined in Article IV, Section 4.02(a), relating to the Rayzor Property shall have expired or otherwise terminated on or before the date of Closing. (e) Rayzor has not received notice of any violation of any law, statute, rule, regulation or ordinance related to or affecting the Rayzor Property and/or real property encumbered by the Rayzor Property or Rayzor's obligations under this Contract. [UFA (f) To Rayzor's actual knowledge, without independent investigation, there are no Hazardous Materials (as hereinafter defined) which are or have been used, manufactured, placed or stored on the Rayzor Property and/or real property encumbered by the Rayzor Property. As used above, the term "Hazardous Materials" means any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous material," "hazardous substance," or any similar formation under or pursuant to any state or federal statute or common law rule, (ii) designated as a "hazardous waste" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. §1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317), (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 44 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (iv) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601); provided, however, "Hazardous Materials" shall not, for purposes of this representation, include gasoline, diesel fuel or other petroleum products routinely used in connection with farm and ranch operations, nor shall such term include any pesticides, herbicides, cattle dipping solutions and other substances which are now or ever have been customarily used in connection with farm and ranch operations (and such exclusion from such term shall include items which were historically used in the farm and ranching industry for such purposes but which may now be banned or otherwise not so used). Rayzor hereby informs Buyer that it has not conducted an independent investigation in connection with the above representation and that Rayzor has limited knowledge as to such matters and advises Buyer to conduct independent investigations 18 with respect to such matters as Buyer may deem necessary or desirable to fully satisfy itself with respect to the environmental condition of the Rayzor Property and/or real property encumbered by the Rayzor Property, it being understood that the above representation is limited in nature and is only to Rayzor's actual knowledge, and does not give a complete understanding of the environmental condition of the Rayzor Property and/or real property encumbered by the Rayzor Property. (g) Rayzor is not a "foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 4.0I.C. Representations and Warranties of Buyer and Seller. (a) Buyer and Seller represent and warrant to each other that they have the power to execute, deliver and perform under this Contract, have taken all actions necessary to authorize the execution, delivery and performance of this Contract and that the parties executing this Contract and the conveyance documents exhibited hereto for and on behalf of Buyer and Seller have been duly authorized by Buyer and Seller to act in such capacity. 4.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Within ten (10) days after the Effective Date, Westpark shall deliver to Buyer, with respect to the Westpark Property, and Rayzor shall deliver to Buyer, with respect to the Rayzor Property true, correct and complete copies of the following: (i) All lease agreements and/or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing all material terms thereof) relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"); provided, 19 however, the "Leases" shall not include any Oil, Gas or Mineral Lease with respect to any portion of the Property. (b) From the Effective Date until the date of Closing, Westpark, with respect to the Westpark Property, and Rayzor, with respect to the Rayzor Property, shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, or permit to exist, any lien, encumbrance, or charge thereon. (c) Seller shall assist and cooperate in the platting activities of Buyer, as set forth in Section 4.03 below, including without limitation, execution of any applications or other materials related to ownership of the Land, in such processes. 4.03 Covenants and Agreements of Buyer. Buyer shall, prior to Closing, have obtained approval of a conveyance plat of the Land the "Conveyance Plat" from the Planning and Zoning Commission or the Development Review Committee in accordance with the terms of the Denton Development Code, including without limitation, Sections 35.16.6, 35.16.17, 35.16.17.1 and 35.16.17.2 thereof. Seller shall reasonably cooperate in the platting process and shall either execute the Conveyance Plat provided to it by Buyer or provide objections to same to Buyer, on or before five (5) days after the conveyance plat is submitted to it by Seller. Notwithstanding anything herein to the contrary, in no event shall the Conveyance Plat impose obligations on Seller to dedicate easements or rights -of -way across any of Seller's other lands or impose any restrictions or other requirements with respect to the Seller's such other lands. 20 ARTICLE V. CLOSING 5.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall occur upon the later to occur of (i) completion of the platting processes, as prescribed in Section 4.03 (but not later than June 30, 2011); and (ii) April 30, 2011, unless otherwise mutually agreed upon by Buyer and Seller. 5.02 Items to be Delivered at the Closing. (a) At the Closing, Westpark shall deliver or cause to be delivered to Buyer or the Title Company, the following items: (i) The Special Warranty Deed, substantially in the form as attached hereto as Exhibit "F", subject only to the Permitted Exceptions, duly executed by Westpark and acknowledged. (ii) The Easements, substantially in the form as attached hereto as Exhibits "D-1" and "D-2", subject only to the Permitted Exceptions, duly executed by Westpark and acknowledged. (iii) The Temporary Construction Easement, substantially in the form as attached hereto as Exhibit "E-1", duly executed by Westpark and acknowledged. (iv) The Easement Amendments, substantially in the form as attached hereto as Exhibits "G-3" and "G-4", duly executed by Westpark and acknowledged. (v) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 21 (b) At the Closing, Rayzor shall deliver or cause to be delivered to Buyer or the Title Company, the following items: (i) The Easement, substantially in the form attached hereto as Exhibit "D", subject only to the Permitted Exceptions, duly executed by Rayzor and acknowledged. (ii) The Temporary Construction Easement, substantially in the form as attached hereto as Exhibit "E", duly executed by Rayzor and acknowledged. (iii) The Easement Amendments, substantially in the form attached hereto as Exhibits "G-1" and "G-2", duly executed by Rayzor and acknowledged. (iv) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (c) At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01. (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 5.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provision of this Article V, Section 5.03 shall survive the Closing. The following item shall be adjusted or prorated between Westpark and Buyer with respect to the Land. (a) Ad valorem taxes relating to the Land for the calendar year in which the Closing shall occur shall be prorated between Westpark and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Land for the preceding calendar year. As soon as the amount of taxes levied against the Land for the calendar year in which Closing shall occur is 22 known, Westpark and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Westpark shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the Closing Date) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 5.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing, subject to the Permitted Exceptions. 5.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. ARTICLE VI. DEFAULTS AND REMEDIES 6.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Westpark's or Rayzor's warranties or representations contained in this Contract are untrue on the Closing Date; or 23 (ii) Westpark or Rayzor fail to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Westpark's or Rayzor's, as applicable, part required within the time limits and in the manner required in this Contract; or (iii) Westpark or Rayzor fail to deliver at Closing, the items specified in Article V, Section 5.02(a), and/or Article V, Section 5.02(b), as applicable, of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Seller; or (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment. 6.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract on the occurrence of any one or more of the following events: (i) Buyer fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Buyer's part required within the time limits and in the manner required by this Contract; or 24 (ii) Buyer fails to deliver at Closing, the items specified in Article V, Section 5.02(c) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may terminate this Contract by written notice delivered to Buyer. ARTICLE VII MISCELLANEOUS 7.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: Anita Burgess, City Attorney City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Phone: (940) 349-8333 Fax: (940) 382-7923 Richard. Casner@cityofdenton.com Paul Williamson, Real Estate Manager City of Denton Texas Phone: (940) 349-8921 Fax: (940) 349-8951 Paul. Williamsongcityofdenton. com SELLER: David Mellina Mellina & Larson, P.C. 777 Main Street, Suite 770 Fort Worth, Texas 76102 Phone: (817) 335-1200 Fax: (817) 335-1221 Dmellina@mellinalarson.com Philip A. Baker, Vice President The Rayzor Company Phone: (940) 387-8711 Fax: (940) 566-1591 Philip@Rayzorcompany.com 25 With Copies To: Pamela England, Real Estate Specialist City of Denton, Texas Phone: (940) 349-8928 Cell: (940) 391-2795 Fax: (940) 349-8951 Pamela.England@cityofdenton.com Virginia Kubiak Title Resources 1112 Dallas Drive Suite 402 Denton, Texas 76205 Phone: (940) 3 81-1006 Fax: (940) 234-7091 Vier inia@trnt.net 7.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE IN COURTS OF COMPETENT JURISDICTION IN DENTON COUNTY, TEXAS. 7.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed and authorized by the party against whom enforcement is sought. 7.04 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Article VII, Section 7.04 shall survive Closing. ►FM 7.05 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 7.06 Assigns. This Contract shall inure to the benefit of and be binding on the parties hereto and their respective legal representatives, successors and assigns; provided, however, no party may assign its rights under this Contract without the prior written consent of the other party. 7.07 Time of the Essence. Time is of the essence of this Contract. 7.08 Taking Prior to Closing. If the Property, any real property encumbered by the Property, or any portion thereof, becomes subject to a taking under the provisions of eminent domain prior to the Closing, Buyer shall have the option of: (i) closing this transaction as provided herein (with no reduction in consideration), in which event the Seller shall assign to the Buyer at Closing all condemnation proceeds, if any, as a result of such proceeding; or (ii) terminating this Contract, as to and only as to the portion of the Property subject to or affected by a taking, by giving the Seller written notice thereof within ten (10) days from the date such party receives notice of such taking, in which event this Contract shall be deemed null and void, as to and only as to the portion of the Property subject to or affected by a taking, and the parties hereto shall have no further obligations to or recourse against each other either under this Contract as to such portion of the Property. 7.09 Severability. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 27 7.10 Rule of Construction. The parties acknowledge that each parry and its counsel has reviewed and revised this Contract, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 7.11 Business Days. If the Closing Date or the day for performance of any act required under this Contract falls on a Saturday, Sunday or legal holiday, then the Closing Date or the day for such performance, as the case may be, shall be the next following regular business day. 7.12 Designation of Reporting Person. Buyer and Seller hereby designate the Title Company as the "Reporting Person" with respect to the transaction contemplated under this Contract for purposes of complying with the regulations set forth in 26 C.F.R. Section 1.6045- 4(e)(5). 7.13 Counterparts. This Contract may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original, but which together shall constitute one and same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed documents, and counterparts of this Contract may also be exchanged via electronic facsimile machines and any electronic facsimile of any party's signature shall be deemed to be an original signature for all purposes; provided, however, that any signature pages transmitted by electronic facsimile shall nevertheless be followed by the exchange of hard copy originals. 7.14 Waiver. The waiver by any party of a breach of any provision of this Contract shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or another provision of this Contract. 28 7.15 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract are hereby delegated by Buyer, pursuant to approval of this Contract by the City Council of Denton, Texas, to the General Manager of Electric Utilities of Buyer, or his designee. 7.16 Expiration of Offer. The execution of this Contract by Seller constitutes, subject to the terms hereof, an irrevocable offer to sell the Property to Buyer. Unless by 5:00 p.m., on May 4, 2011, this Contract is accepted by Buyer by action of the City Council of Buyer, the offer of this Contract shall be automatically revoked and terminated. SELLER: WESTPARK GROUP, L.P., a Texas limited partnership By: Westpark GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation, its sole member By: Philip A. BaJkr, //''Vice President 7 Date Executed: L717— 0 RAYZOR INVESTMENTS, LTD, a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner v By: 44'�, Philip A. Bak Vice President Date Executed: v 29 BUYER: CITY OF DENTON, TEXAS GEORGF, Q. C lWl\ CITY M NA ER r `f�z ► I I I Executed by Y dayof Buyer on the �� da of 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY B : "I' - AP OVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 30 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of (1) an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Printed Name: Title: Contract receipt date: 52011 31 rthur Surveying.Co, Inc. Pxofe"ianc'%�,�aud Surveyo s. P.O. Box 54 — Lewisville., Texas 75067 Office: (972) 221-9439 --- Fax: (972) 221-4675 EXHIBIT A 5.922 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Davis Survey; Abstract Number 326, Thomas Toby Survey, Abstract Number 1285 and the James Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, , Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according . to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a Y2 inch iron pipe found at the most westerly southeast corner of said Lot 2, being the northeast corner of Lot 1, Block 1, Westpark, an addition to the City of Denton, Denton County, Texas,. according to the plat thereof recorded Cabinet C, Page 127 of the Plat`Records of Denton County, Texas, said point also being in the west. line of Lot 1-R, Block A, Peterbillt Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet U, Page 369 of the Plat Records of Denton County; Texas; THENCE North 88 degrees 49 minutes 49 seconds West, with the north line of said Lot 1, Block 1, a distance of 508.56 feet to a fence comer post at the southeast comer of Lot 1, Block A of said Westpark Addition, Phase 2; THENCE North 01 degree 20 minutes 36 seconds East, with the east line of said Lot 1, Block A,. a distance of 507.89 feet to a Vz inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner; THENCE South 88 degrees 53 minutes 19 seconds East, over, through and across said Lot 2, Block A, a distance of 506.80 feet to a Vz inch iron rod with a yellow cap stamped "ARTHVR SURVEYING COWAN)", set at the northwest corner of said Lot 1-R; THENCE South 01 degree 08 minutes 41 seconds West, with the west line of said Lot 1-R, -a distance of 508.40 feet to the POINT OF BEGINNING, and containing 5.922' acres of land, more or less. r,A2008\ood\280869 - jim chdsW dme easement\d=\10o8127 5 acre site.doc EXHIBIT Al NORTH II �, 200 0 200 Feet I 16' Utility Easement �.1 City of Denton, Texas B1oG Sf Bearing system based on the City of Denton GIS network. I Vol. 1287, Pg. 681 ��„ q�� 9 Ys Y Railroad Easement tIT . Vol. 1�3 g. 724 I Section 3, Tract 7 Rayzor Investments, LTD. I I I Railroad Spur Easement V011lnle 1796; Page 60l' I I Vol. 1175. 175 h g. Corp..95 I � _ — — — — — _ — — — — Variable Width Electric Utility _ Easement, Doc. No. 2007-20898 IT II Right—of—way t 5/BR.F. I __ ,„70' ELEC. ESMT.. S88 5319 E 506.80, INST. No. 2007-20899 N 01'20'36" E 1121.R.S 1127.R.S 69.96' AS.a' A.S.0 Lot 1 Block A 01 Part of 00 I Lot 2, Block A d�.- 4,1' Westpark Additio�i3 Ph. 2 o Westpmk Addition Ph. 2:Cabinet Y, Page 169 Cabinet Y, Page �169JAME5 PERRY SURVE'i ABST. ivO. 1040THOHAS TOBY SRU17Et?�PId. i2B—r w M 5.922 cres Lot t-R,Block A Peterbilt Addition .04 1° o Cabinet U, Page 369 I ► V I e i EiRF FENCEF.518.78'—POS__%nN 88'49'49" W 590.75.. — P v• 2+ N 8849'49"' 508.56' 1/27.P.F.(C.M.) Utility Easementf Denton, Texos 1287. Pg. 681C Lot 1, Block 1Westpark�� �Cabinet C, Page 127 • f"" g �,+ ems,S F \ • �. . AIRPORT . ROAD N F. M. 1515 5.922 Acres John Davis Survey, Abst. No. 326 Thomas Toby _Survey, Abst. No. 1285 James. Perry Survey, Abst. No. 1040 City of Denton Denton County,.Texas 1w:s,F.T.tll ,.. Y p1 t`'<" 'fit � ..�• X: Arthur Surveying CO., I nc. Professional Land Surveyors 972-221 9439 — Fsx 972-221-4675 220 Mm street Suite 200 -• P.O. Box 54 Lewisville, Texas 75067 O\e00e\COO\te0869 - Jn Christal OME Eosemnt\dwp\30081E7_3 axe slteAsp 11/19/20W I0 SIM AM CST ■ EXIjBff B _1 1 F 18 rthur Surv�Yi ng Co., i nC. 131 fie-ssio mll Zana Sur-veyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 --- Fax: (972) 221-4675 0.451 ACRES . CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Thomas Toby Survey, Abstract Number 1295, City of Denton, Denton County, Texas, and being a part of that certain tract of land deeded to Rayzor Investments, LTD. and described as Section 1, Tract 8; recorded. in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as ;follows:. BEGINNING at a point in the east line of that certain tract of land described in deed to Dorothy Nell Cook, recorded in Volume 982, Page 29 of the Deed Records of Denton County, Texas, from which a % inch iron rod found at the southeast corner thereof bears South 00 degrees 01 . minutes 58 seconds West, a distance of 10.00 feet; THENCE North 00 degrees 01 minute 58 seconds East, with the east line of said Cook tract, a distance of 30.00 feet to a point for corner; THENCE South 89 degrees 42 minutes 27 seconds East, over, across and through said Rayzor tract, a distance of 654.64 feet to a point in the west line of that certain tract of land described in deed to the City of Denton, recorded in Volume 516, Page 648 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 08 minutes 14 seconds East, with the west line of said City of Denton tract, a distance of 30.00 feet to a point from which the southwest corner. of said City of Denton tact bears South 60 degrees 08 minutes 14.seconds East, a distance of 10.00; THENCE North 89 degrees 42 minutes 27 seconds West, 10 feet north of and parallel to the north Iine of said Airport Road, a distance of 654.73 feet to the POINT OF BEGINNING, and containing 0.451 acres of land, more or less. z:\2008\cod1280869 - jim ehrizW dme ewem ntkdocs\1008127 esmd2 myzbr.doe EXHIBIT B 2 OF 18 CP S „ro P �fo oo � `p A4 O� o � a rn �FZ'$fi9 C g `4 3„99J0.00N o 0 — — — v— �v4� 6 3 2 E T'lO�jO o mC o m �4, I (' ')o OEo aqi . O 1� N . I E. EXHIBIT B 3OF18 rthur SurveyingCo. Inc. Professionay Land Szwveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 1.720 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Thomas Toby Survey, Abstract Number 1285 and the John Bacon Survey, Abstract Number 1541, in the City of Denton, Denton County, Texas, and being a part of that certain tract of land described in .deed :to Rayzor Investments, LTD., recorded in Volume 1796, Page 601 ' of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of that certain tract of land described in deed to the City of Denton, recorded in Volume 516, Page 648 of the Deed Records of"Denton County, Texas, from which a % inch iron rod found at the southeast corner thereof bears South ba degrees 08 minutes 14 seconds East, a distance of 16.00 feet and being in the north line ofAirport .Road, also known as. F.M. 1515, a public roadway; T101ENCE North 00 'degrees 08 minutes 14 seconds West, with the east line of said City of Denton tract, a distance of 30.00 feet to a point for comer; THENCE over, across and through said Rayzor Investments tract the following nine (9) calls: South 89 degrees 42 minutes 47 seconds East, a distance of 78.97 feet to a point for comer; North 23 degrees 43 minutes 52 seconds East, a distance of 48.90 feet to a point for comer; North 00 degrees 17 minutes 36 seconds East, a distance of 10.70 feet to a point at the beginning of a curve to the right having a radius of 1309.50 feet; Continuing with said curve an are length of 238.39 feet, having a. delta angle of.10 degrees 25 minutes 49 seconds, whose chord bears North 05 degrees 30 minutes 30 seconds East, a'distance of 238.06 feet to a point for comer; North 10-degrees 43 minutes 25 seconds East, a -distance of 333.66 feet to a point at the beginning of a curve to the left having a radius of 1090.50 feet, Continuing with said curve an arc length of 182:46 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whose chord bears North 05 degrees 55 minutes 49 seconds East, a distance of 182.25 feet to a point for comer; North 01 degree 08 minutes 13 seconds East, a distance of 33.62 feet to a point 'for comer; e:120081cod1280869 - jim ehristal dme easementldocs11008127_esmt5 rayzor revised. doe EXHIBIT B 4 OF B rthur Surveying Co., Inc. Professionai Za d Surare,�ars P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221.4675 North 00 degrees 071ninutes 02 'seconds East, a distance of 1541.14 feet to a point. for corner; North 75 degrees 33 minutes 35 seconds East, a distance of 31.00 feet to a point in the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according, to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, with. the west line of said Lot 2 and then continuing with the' westerly line of Western Boulevard; a public roadway, a distance of 1549.47 feet to a point for comer; THENCE South 01 degree 08 minutes 13 seconds West, continuing with the west line of said Western Boulevard, a distance of 33.62 feet to a point at the beginning of a curve to the'right having a radius of 1120.50 feet; THENCE continuing with said curve an arc length of 187.48 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whose chord bears South 05 degrees 55minutes 49 seconds West, a distance of 187.26 feet to a point for comer; THENCE South 10 degrees 43 minutes 25 seconds West,. continuing with the west Tine of said Western Boulevard, a distance of 333.66 feet to a point at the beginning of a curve to the left having a radius of 1279.50 feet; THENCE continuing with said curve an arc length of 232.93 feet, having a delta angle of 10; degrees 25 minutes 49 seconds, whose chord bears South 05 degrees 30 minutes 30 seconds West, a distance of 232.60 feet to a point for comer; THENCE South 00 degrees 17 minutes 36 seconds West, continuing with the west line of said Western Boulevard, a distance of 16.92 feet to a point for comer; THENCE South 23 degrees 43 minutes 52 seconds West, continuing with the west line of said Western Boulevard, a distance of 74.81 feet to a point in the west line of said Western Boulevard; THENCE North 89 degrees 42 minutes 47 seconds West, over, across and through said Raynor Investments tract, a distance of 98.44 feet to the POEW. OF BEGDWING, and containing 1.720 acres of land,' more or less. c:120081cod1280869 - jim chrisW dme ease nenAdocs11008127 esmt5 rayzor revised.doc i EXHIBIT B 5 OF 18 tL ci gc 6- u � •� s0 d r:I2�w'a NORTH 100 0 100 Feet y q j Bearing system based an the City of Denton CIS network. 10 �• T Rayzor Investments, Ltd. L6=' _ Volume 1796, N Wa Page 601 D.R.D.C.T. �p JONN BACON SURVEY, ABST. Na. 1541 W THOHAS TOBY SURVEY, ASS1. NO. 12?5 • f1� 0 114 rW oV_ oo� ow z cn a�aU k �o • ��../� LO � �o. N N d N Rayzor Investments, Ltd. 4 co 00 N ' N"o ll Volume 1796, Page 601 '— 10 �' D.R.D.C.T. IM _j 60' DRNG. E DOC. No. zoos• ,"), dgffO� a_N;n _o 11 Z •- p s/a�ry eF » U1 N89'42'47" i (+~MJ 'LINE `MATH � 1251. 76' LRF. 1.720 Acres in . the John Bacon Survey, Abst. No. 1541 Thomas Toby Survey, Abst. No. 1285 City of Denton Denton County, Teams .A - 2010 - rthur Surveying Co., Inc. Professioxtal Land Surveyors 972 221 9439 -- Pat 972 221-4675 220E1m S&wt, SWre 200 - P.O. Box 54 LOW&Vj]le, Texas 75067 (aM1 � aTCH LINE _ I N 1 . av N (01 o a, c G) lik, z 4a "�- MCS 0 b �' 11 c�j N t F"'I � 3 otto�� �Q-oo (� �L� Qo;o �� 0n a^b r� .� osb C4 ('. J DO - J (GMT 16' UTIL ESMT Q (V.1221/P.65Df 70(V.91%Pt894T AIRPORT ROAD F.-M.1515 4•t�. �; _EY III �O'.P,�CJ ;`aSOFlj EXHIBIT B 6OF18 rthur SurveyingCo.,.,Inc. . PrafesSional La d Survleyam . P.O. Box 54 — Lewisville, Texas 75067. Office: (972) 221-9439 Fax: (972) 221-4675 2.667 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number 1222 and the John Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and: being a part of that certain tract of land, described in deed 'to Rayior Investments, Ltd., Section 1, Tract 7, recorded.in Volume,1796, Page 601_ of the Deed Records of.'' Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of that -certain tract of land described in deed #o Ed Wolsld, Trustee and Virginia Fryinan, recorded in Volume 2895, Page 470 of the Deed Records of Denton County, Texas, from which the northeast corner thereof bears North 00 degrees 15 minutes 52 seconds East, a distance of 55.00 feet; being in and near the centerline of Jim Christal Road, a public roadway; THENCE over, through and across said Rayzor Investments tract the following six (6) calls: North 89 degrees 43 minutes 31 seconds East, a distance of 394:57 feet to a point for comer, South 04 degrees 31 minutes 20 seconds East, a distance of 338.80 feet to a point for comer; North 85 degrees 28 minutes 40 seconds East, a distance of 311.18 feet to a point for comer; North 04 degrees 31 minutes 20 seconds West, a distance of 13133 feet to a point for corner; .North 40 degrees 28 minutes 40 seconds East, a distance of 216.29 feet to a point for comer; North 89 degrees 43 minutes 31 seconds East, a distance of 595.05 feet to a point ixl the west line of Western Boulevard, a public roadway; THENCE with the west line of said Western Boulevard the following nine (9) calls: South 40 degrees 33 minutes 19 seconds East, a distance of 2.54 feet to a point for comer; South 01 degree 09 minutes .14 seconds West, a distance of 337.07 feet to a point for corner; c:\2008\cod1280869-iiinchristaldmecasement\dorsklOO8127 esmt7 rayzor.doe EXHIBIT B 7 OF 18 • rthur Surveying,Co., Inc. Professional Zaad Su--vveyozs P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 04 degrees 33 minutes 24_ seconds East, .a distance of 201.00 feet to a point for corner; South 01 degree 09 minutes 14 seconds West, a distance of 80.14 feet to a point at the beginning of curve to the left having a radius of 1267.50 feet; Continuing with said curve an are Iength of 642.73 feet, having a delta angle of 29 degrees 03- minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 635.86 feet to a point for comer; South 27 degrees 53 minutes 57 seconds East, a distance of 393.57 feet to a point for corner; South 22 degrees 11 minutes 21 seconds. East, a distance of 50.25 feet to a comer; point for South 27 degrees 53 minutes 59 seconds East, a distance of 159.75 feet to a point at the beginning of curve to the right having a radius of 1127.50 feet; Continuing with said curve an arc length of 4.42 feet, having a delta angle of 00 degrees 13 minutes 29 seconds, whose chord bears South 27 degrees 47 minutes 16 seconds East, a distance of 4.42 feet to a point in the west line of Lot 2, Block A, Westpark.Addition;. Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas; TMNCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a distance of 67.86 feet to a point at the beginning of a non-tangent.curve to the left having a radius of 1097.50 feet; THENCE over; through and across said Rayzor Investments tract the following fourteen (14) calls: Continuing with said curve an are length of 64.37 feet, having a delta angle of 03 degrees 21 minutes 37 seconds, whose chord bears North 26 degrees 13 minutes 12 seconds West, a distance of 64.36 feet to a point for corner. North 27 degrees 53 minutes 59 seconds. West, a distance of 161.24 feet to a point for comer; North 22 degrees 11 minutes 21 seconds West, a distance of 50.25 :feet to a point for comer; cA20081cod1280869 - jim christal dme easementldoes11008127 esmt7 myzor.doc EXHIBIT B 8OF18 Arthur Surw y in g Co., Inc. PZOfessi0nal T_and Surveyors P.O. Box 54 — Lewisville, Texas .75067 Office: (972) 221-9439 . Fax: (972) 221-4675 North 27 degrees 53 minutes 59 seconds West, a distance.of-392.07 feet to a point at the beginning of a curve to the right having a radius of 1297.50 feet; Continuing with said curve an arc length of 657.94 feet, having a delta angle of '29 degrees 03 minutes 14 seconds, whose chord bears North 13. degrees 22 , minutes: 23 seconds West; a distance of 650.91 feet to.a point for comer; North 01 degree 09 minutes 14 seconds East, a distance of 78,65 feet to a. point for corner North 04 degrees 33 minutes 24 seconds West, a distance .of 201.00 feet to a point for comer; North 01 degree 09 minutes 14 seconds. East, a distance of 309.75 feet to a point for comer; South 89 degrees 43 minutes 31 seconds. West, a distance of 552.23 feet to a point for comer; South 40 degrees 28 minutes 40 seconds West, a distance of 190.12 feet to, a point for comer; South 04 degrees 31 minutes 20 seconds East, a distance of 148.90 feet to. a point for . corner; . South 85 degrees 28 minutes 40 seconds West, a distance of 371.18 feet to a point for comer; North 04 degrees 31 minutes 20 seconds West, a distance of 340.94 feet to a point for comer; South 89 degrees 43 minutes 31 seconds West, a distance of 367.00 feet to a point in the east line of said Wolsld tract; THENCE North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolski tract, a distance of 30.00 feet to the POINT OF BEGINNING, and containing 2.667 acres of land, more or less. -:.�: ,',mot \\10�. c:120081cod1280869 - jim cMstal dme easemeotldocs11008127 esmt7 rayzor.doe ` U R\ � EXHIBIT B 9OF18 NORTH 300 0 . 300 Feet Bearinq system based on the City of Denton CIS network. Jobn D. Davis ! (Vol.1115, Pg. 141) ! I N8945723"W�- 916.03' JIM CHRISTAL ROAD 89'43'31 "F� ►.4F._ - 394.5T PR OSED 20' 0.11^E CASEMENT � � � C — — — — — _ -N89 43'3,1 T— 595_03S8943'31"W367.00' m1Cj rJ' S89 43'31 "W 552 23 I N 1 1 rA r M �. ;� ire �. o W I I l o 1' 01 ^I °� n 1 _IJ$5 28'40"E'' Pad #7H' . (V rL L5 z 1 311.18� Eagleridge Ent gy, LLC z _ Insk No. 2010-70722 ? s to S85 28'40"W 'Ty I 371.18 N c N o w tx >9 I r .--� tw 07 p lJ HF'Z'1 I Z O. L! �11 ✓..,� ILL cry I:2- o Section 1, Tract 7 N t•L F+i .. + n L: I Rayzor Investments, Ltd. ? L1 1(,, � nI I:)'�' I LINE TABLE (Vol. 1796, Pg. 601) i':top 1.N�+D s z UNE eEAR1NC LENGTH N�� WHO I-Y' ID B'4D'E 2TB29'r0`.L� Tn. L4 '09' 4 8 t4'.P i t • YL' 0.25' tr \tr p� I SZ ' 9'E L7 SDO*07 ' B 89' , O:(at� 1 lo._0 _ I 18 N 359^ 24' N 11` 5 .25' I . I LID N0110 8.85' . i L11 Vow "W 0.1 lit L12 04'31' 'E 48.90'L1d NOD'15'' 3 0' 1 M5'S2'E 55. - _ N� L15 ` 4D•3 ' 9'W 62.59' ``�� \ . I CURVE 7A8LE % t' .'� _•-. �p ��; c3j CURVE RADIUS LENGTH DELTA I D 9RG CHORD I GT 7127.5 ' 4.42' •` 4''' �`G '•.�'i1� �LON S274T16`E 442' r. 111\ SUR 30' Easement --- 1 - . 2.667 Acres in the.. thur SurveyingJohn Scott Survey, Abst. No. 1222 rCo., Inc, John Bacon Survey,' Abst. No. 1541. Professional Land ,Surveyors City of Denton Denton County, Texas 9722219439 - Pax972-221-4675 220 Elm street, Suite 200 -- P.O. Box S4 - 2010 - L0wisvf11e, Texas 75067 C \200e\COa\2loMY — an puktnl 64E co_.rtWuq\looa121-.na R",aer L.p 1e/23/2MO A31-03 PM COT 70 EXHIBIT 18 rthur Surveying CO., Inc. Professio-nal Zand Surveyors P.O. Box 54 —Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 a 0.024 ACRES . CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain. tract .of land described in .deed to Rayzor Investments; LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records -of Denton County, Texas, and being more particularly described as follows: COM 1ENCING at the northwest corner of Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the. Plat Records of Denton County, Texas, from which the. northeast` comer of said Rayzor Investments tract bears North 00 degrees 01 minute 06. seconds East, a distance of 29.97 feet, being in and near the approximate centerline of Jim Christa, Road, a public roadway; THENCE South 00 degrees 01 minute 06 seconds West, with the west line of said Westpark Addition, Phase 2, a distance of 45.00 feet to a point for corner; .THENCE South 89 degrees 43 minutes 30 seconds West, over, through and across said Rayzor Investments tract, a distance of-188.56 feet to the POINT OF BEGIIVNIlNG; . THENCE South. 00 degrees 16 minutes 30 seconds East, continuing over, through and .across said Rayzor Investments tract, a distance of 3 0. 00 feet to a point for comer, THENCE South 89 degrees 43 minutes 30 seconds West, continuing over, through and across said Rayzor Investments tract, a distance of 39.06 feet to a point in the east line of Western Boulevard, a public roadway; THENCE North 01 degree 09 minutes 14 seconds East, with the east line of said Western Boulevard, a distance of 15.64 feet to a point for comer thereof; THENCE North 45 degrees 19 minutes 51 seconds East, continuing with the east Iine of said Western Boulevard, a distance of 20.53 feet to a point for corner; THENCE North.89 degrees 43 minutes 30 seconds East, over, through and across said Rayzor. Investments tract, a distance of 24.00 feet to the POINT OF BEGMUNG, and containing 0.024 acres of land, more or less. 02008kod1280869 - jim christal dme easemernld0cs11008127_e9mt8 rayzor.doc is EXHIBIT B 11 OF 18 5o NORTH 0 50 - Feet Bearing &)stem based on the.City of Denton GIS network. LINE TABLE LINE BEARING LENGTH L1 NOO-01 )6"E 29 97' L2 S00'32'00"W 23. 5' Dianne Davis Atkinson, Jack D. Atkinson,. . Wallace E. Davis, Jr. and Mary V. Davis ta,F (Vol. 612, Pg. 430) N89'23:31 "E N 156.90' -� M CHRISTAL RnAD 5�8-L;o BEARS � NB9 23 31 E 0.49 q N89 43'30" E 24.00' N45'19'51 "E N 20.53' —-----------. o —p PROPOSED 20' D.M.E. EASEMENT W _ _ S89'43'30"W 188.56' I-z:::3S00'16.'30"E Ui 30.00 z S8 3'30"W EASEMENT ---------- w 39. 06' 0.024 ACRES w Section 1, Tract 7 Rayzor Investments, LTD. 1 (Vol 1796, Pg. 601) 0.024 Acres in the J. Bacon Survey, Abst. No. 1541 City of Denton Denton County, Texas -2010- C\20D3\C0D\260969 — Jfm CvNtd DUEL "--k\d'9\10081271ent8 R.Y.-d.g 10AS12MO 3.48:35 FU CDT 1� A . Su Professional Land Surveyors 972 221-9439 — Pao 972-221-467S 220 Mm Street, Suite 200 -.. P.O. Sox 54 LewisTilley Texas 75067 NB923'310E 5 O R.O.W. DEDICATION (CAB. Y, PG. 169) tic �^ oli f NEED EXHIBIT B 12 OF 18 rthur Surveying Co., Inc. Professional ..b and Suz7eyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 2214675 0.343 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number 1222 and the John Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of Iand described in deed to Rayzor. Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of Western Boulevard, a public roadway, said point also being in the east line of said Rayzor Investments tract and the west line of Lot 2, Block A, WestparkAddition, Phase 2, an addition to the City of Denton; Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas and from which the southwest corner of said Lot 2 bears South 00 degrees 07 minutes 02 seconds West, a distance of 4756.01 feet; THENCE with the east line of said Western Boulevard the following five (5) calls: North 27 degrees 53 minutes 56 seconds West, a distance of 293.12 feet to a point . -at' the beginning of a curve to the right having a radius of 1132.50 feet; Continuing with said curve an arc length. of 574,27 feet, having a delta angle of 29. degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23 seconds West, a distance of 568.14 feet to a point for corner; North 01 degree 09 minutes 14 seconds East, a distance of 125.15 feet to a point for comer; North 06 degrees 51 minutes 52 seconds East, a distance of 201.00 feet to a point for. , comer; North 01 degree 09 minutes 14 seconds East, a distance of 313.98 feet to a point for corner; THENCE over, through and across said Rayzor Investments tract the following six (6) calls: North 89 degrees 43 minutes 30 ' seconds East, a distance of 10.00 feet .to a point for comer; South 01 degree 09 minutes 14 seconds West, a distance of 314.73 feet to a point for comer, c:120081cod1280869 - jim christal dme easementldoes11008127 esmtlo rayzor.doe EXHIBIT B 13 OF 13 rthur SurveyingCo.,In Inc g'Y'ofessior�a.Y �.�.ud Sa�z'a�e,�oxs P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 r Fax: (972) 221-4675 South 06 degrees 51 minutes 52 seconds West, a distance of 201.00 feet to a point for comer; South 01 degree 09 minutes 14 seconds West, a distance of 124.65 feet to a point at the beginning of a curve to the Ieft having a radius of 1122.50 feet; Continuing with said curve an are length of 569.20 feet,. having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 563.12 feet to a point for comer; South 27 degrees 53 minutes 56 seconds East,. a distance of 274.33 feet to a point in the west line of said lot 2; THENCE South 00 : degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a distance of 21.29 feet to the POINT OF BEGINNING, and containing 0.343 acres of land, more or less. f NOiTH�- 200 0 200 Bearing BYatern based on the C(ty of Denton CIS network. LINE TAKE LINE BEARING LENGTH L1 N 1 5.15' LZ 3 E 10.001 U S0110911 "W 1 4.65' L4 S 00 '02"Iff 27-29' EXHIBIT B 14 OF IS /Jlim CHRIST ROAD (�R�F .5 L2, 1. Section 1. Tract 7 Rayzor Investments, Ltd (Vol. 1796, Pg. 601) 10'Easement 0.343 Acres. in the John Scott Survey, Abst. No. 1222 John Bacon Survey, 'Abst. No. 1541 City of Denton Denton County, Texas —2010— A rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 — Fax 972221-4675 220 FJM Szeat Suite 200 — P.O. Box 54 L-4-00, Texas 75067 C;\2008\CW\2a9a9 'EM Dvktd DME C4—"k\dW9\1dM2?Jmt10 R.,—.d.9 10ASI9010 4:12.24 LU 00 O oO .4 P Ci X -C\f L CV ;-� fa (0 wo C\j (0 CV 4 Z C bj) L) L) ILI X ;U (III LI z 11 CA (A ta t'; Ln to (0 " 0". , I . LA - 0 . . (-A Ln C pri Un 31 S19*42'27"E I.R.F. 482.98' (CM-) 0— - - � f : 16HOF 118 rthur Surwelyring CO. I nC. Pro essional Tand Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 0,302 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, ;tract or parcel of land situated in the John Scott Survey, Abstract Number 1222, in the City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed . to Rayzor Investments, LTD., recorded in Volume 1796, Page 601 of the Deed Records of Denton County; Texas, and being more particularly described as follows: COMMENCING from a %a inch iron rod found in a corner clip in the west line of Western Boulevard, a public roadway; THENCE South 40 degrees 33 minutes 19 seconds Last, with the west line of said Western Boulevard, a distance of 36.38 feet to the POINT OF BEGINNING; THENCE South 40 degrees 33 minutes 19 seconds East; continuing with the west line of said Western Boulevard, a distance of 13.11 feet to a point for comer; THENCE South 89 degrees 43 minutes 31 seconds West, over, through and across said Rayzor tract, a distance of 784.22 feet to a point for corner; THENCE South 00 degrees 16 minutes 29 seconds East, continuing through said Rayzor tract, a distance Of 10.00 feet to a point for comer; THENCE South 89 degrees 43 minutes 31 seconds West, continuing through said Rayzor tract; a distance. of 267.75 feet to a point in the west line of a Surface Easement to Eagleridge Energy, according to the Second Amendment to Surface Easement Agreement recorded under Instrument No. 2010-7.0722 of the Official Public Records of Denton County, Texas; THENCE North 04 degrees 31 minutes 20 seconds West, with the west line of said Eagleridge Energy easement, a distance of 20.06 feet to a point for comer, THENCE North 89 degrees 43 minutes 31 seconds East, over, through and across said Rayzor tract, a distance of 1044.98 feet to the POINT OF BEGINNING, and containing 0.302 acres of land, more or less: z:12008104280869 - jim chr!SW dme 0mMenAd0cs11008127 esnA13 rayzondoc In I nIII10011111.a 01110 E 6"�F�i a 200 0 200 Feet J John D. Davis Bearing system based on the City of Denton CIS network. (VOL 1115, Pg. 141) ` C JIM CHRISTAL ROAD S89'43'31 "W 2336.65' L6 — — — �— _ N89 43'31 "E 1044.98� S89'43 31 W /-S89 43 31 W`784.22 _ L1. . L3 267.7.0 L21 /-- — - — — PROPOSED 30' EASEMENT & RIGHT-OF-WAY Pad g7H' -- EASEMENT Eoglerfdge Energy, uc 0.302 ACRES I I I722 nst. No. Lease Only) (Surface Lease Only) 1 L___�. Section 1, Tract 7 I. 1 Rayzor Invesbnmts, Ltd. AC4 En (Vol. 1796, Pg. 601) w IF LINE TABLE LINE BEARING LENGTH L1 S40'33'19"E 13.17' L2 S00'18'29"E 10.00' L3 N04'31'20"W 20.06' L4 S40'33'19"E 36.38' L5 N10'19'28"E 27.72' 16 N0431I20"W 23.38' Easement 0.302 Acres in the John Scott Survey, Abst. No. 1222 City of Denton Denton County, Texas - 2010 - Q� OSTp�:�e` ( . v v+N.ww�>tauaao — ,en aMAtd OAF E4A t\d"\10m127a"nt13 RoAM&A IM/2O11 10;29:45 AY CST rthur Surveying Co. I nc. TtVfession,ld Z,aud Surveyors 972 221-9439 � Fex 972-221-4675. 220 ffiQ2 S&t"4 SWW 200 — P.O. Box 54 LaW*VA%V4 Than 73W EXHIBIT B 17 OF 18 A rthur Surveying Co.,'Inc. P.lrofessi-Onal Lazed Sul-Veyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 0.009 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number 1222, City of Denton, Denton County, Texas, and being a part of that certain tract of Iand described in to Raynor Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page .601 of the Deed Records of Denton County, Texas, and being more .particularly described,as follows: COAMENCING at a point in the south line of that certain tract of land described in deed to John D. Davis, recorded in Volume 1115, Page 141 of the Deed Records of Denton County, Texas, being in and near the approximate centerline of Jim Christal Road and in the west line of Western Boulevard, a public roadway and from which a Pk Nail. found at the southwest corner of said Davis tract bears South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet; THENCE South 10 degrees 19 minutes 28 seconds West, with west line of said. Western Boulevard, a distance of 27.72 feet to a Y2 inch ironrod with a yellow cap ,stamped ` 4RTHUR . SURVEYING COMPANY" found for comer; THENCE South 40 degrees 33 minutes 19 seconds East, continuing with the west line of said Western Boulevard, a distance of 49.48 feet to the POINT OF BEGDUgNG; THENCE South 40 degrees 33 minutes 19 seconds East, with the west line of said Western Boulevard, a distance of 13.11 feet to a point for coiner; THENCE over, through and across said Rayzor Investments tract the following three (3) calls: South 89 degrees 43 minutes 31 seconds West, a distance of 39.32 feet to a point for corner; North 40 degrees 33 minutes 19 seconds West, a distance of 13.11 feet to a point for comer, North 89 degrees 43 minutes 31 seconds East, a distance of 39.32 feet to the POINT OF BEGINNING, and containing 0.009 acres of land, more or less. cA20081codU80869 - jim cluistal dme casementldocs11008127 esmtl2 raycondoc EXHIBIT B 18 OF 18 Lrivc I ntsi..t LINE BEARING LENGTH Ll S40'33' 9"E 13.11' N O R T L2H. N 4033'19"W 3.11' 300 0 300 Feet Bearing system based on the City of Denton GIS network. John D. Davis `� u�°� (Vol. 1115, Pg. 141) S89'43'31 "W 2336.65' I yPK NAK ND, V— JIM CHRISTAL ROAD CV 30'--E65E14ENT- moo' _ 0.009 ACMES �89'4 31 PROPOSED 20' D.M.E. EASEMENT' 39.32_ ' S89 43'31 "W 39.32' PROPOSED 30' EASEMENT do RIGHT—OF—WAY rr J I _ 3 lSection 1, Tract 7 Rayyzor Investments, Ltd t (V01. 1796, Pg. 601) Y - JLu 30' Easemen t - 0.009 Acres in the rthur Surveying Co. Inc. John Scott Survey, Abst. No. 1222 Professional Land Surveyors City of Denton Denton County, Texas 9722zi-9997�221-467s ' 220 rslm Street;, suite 200 -- P.O. Box S4 — 2010 — L D%lsVM*' Texas 75067 EXHIBIT BI I OF 9 Arthur Surveying Co., Inc. Frofiessicnzal 1:,and Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (912) 221-9439 Fax: (972) 221-4675 0.025 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot tract or parcel of land situated in the Thomas Toby Survey, Abstract.. Number 1285, City of Denton, Denton County,' Texas, and being a -part . of Lot .2, Block- A, Westpark Addition, Phase 2, an addition to o the City of Denton, Denton County; Texas, according to the plat.thereof recorded in CabinetY, Page .160 of the Plat Records of Denton County, T6kas, and being more particularly described as follows: BEGINNING at a Y2 inch iron rod with a yellow cap stamped WTIRM SURVEYING C01TA.W' set at the most southeast comer of Western Boulevard, a public roadway and being in the north line of Airport Road, also known as F.M. 1515, a public roadway, THENCE North 44 degrees 42 minutes 24 seconds West, with the east line of said Western. Boulevard, a distance. of 42.43 feet to a Y2 inch iron rod with a yellow cap stamped "ARYWUR SURVEYING COMPANY" set; THENCE North 00 degrees 17 minutes 36 seconds East, continuing with the 'east line of said Western Boulevard, a distance of 21.00 feet to a point for comer; THENCE over, across and through said Lot 2 the following two (2) calls: South 89 degrees 42 minutes 24 seconds East, a distance of 30.00 feet to a point for. comer; South 00. degrees 17 minutes 36 seconds West, a distance of 51.00 feet to the POINT OF BEGINNING, and containing 0.025 acres of land, more or less. c:12008krod1280869-jimchiistaldmeeasoment\docs11008127—esmt4westparkaddndoo EXHIBIT 61 20F9 30 NORTH 30 Feet Bearing system based on the City of Denton CIS network. Lot 2, Block A Westpark Addition, Phase 2 Cabinet Y, Page 169 P.R.D.C.T. l o Im I 16' UTILITY ESMT. (V.1221%P.850) 1 t_ 5/8"LR.F. (QM.) F I I I � . I —+a —• j— . — I —� EAe.l I lb I �NT O --- Q'24"E I 0.025 ACRES 3 , 10 T.P. L ESLU T. 30.00 °(v 911)P.894p . M z I r TEMPORAPRORY O cno � O C EASEMENT STRUCIION Z _- r� 1/2 LR INSDRAINAGE R I AGE ENT 3 \+1 Z l r ' Q 323. 1. LO 16' UTILITY ESMT — (V.1221/P.85D) 7 lip7.1. i1.SC.' ........... l� ....... 1121.R.F. I.RF (aM) N894227"W 293.07' �n AIRPORT. ROAD F. M. 1515 l� �As1 r Easement - -- -- 1t7F r E'r .. h.{� 0.025 Acres in the 1 �hUr SUei '' ';iu C ., Thomas Toby Survey, Abst. No. 1285 Professional Land Surveyors. City of Denton 972221-9439 — ,Fax972-2.21-4675 Denton County, Texas =0Mm. stree4 smote 200 - P.O. Box54 — 2010 — Lewisville, Texas 75067 ' " G\e00B\COD\2BOBfi9 — .Hn ChrlstnK 9NE Ennnent\tl.p\1008127_esnS4 Vestpark Atltlntlrp IO/ES/EOlO 2i90a3 PH CpT - EXHIBIT I BI Arthur Surve ying Co.l Inc. fro essional ,=d Surveyors P.O, Box 54 Lewisville, Texas 75067 Office: (972.) 221-9439 -Y Fax: (972).221-4675 .j 1.415 ACRES .CITY OF DENTON, D'ENTON COUNTY, TEXAS BEING all. that certain lot, tract . or parcel of land situated in the James Perry Survey; City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly deseribed as follows: j BEGINNING at a point in the westesterly line of Western Boulevard, .a public. roadway, said point being in the east line of that certain tract of land described in. deed to Rayzor Tinvestments, LTD., recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being in the west line of said Lot 2 from which: a %2 inch iron rod found at the northwest corner thereof bears North 00 degrees 07 minutes 02 seconds East, a distance of 1816.73 feet, and being the beginning of a curve to the right having a radius of 1127.50 feet; THENCE the with the westerly line of said Western Boulevard the following eleven (11) calls: Continuing with said curve an are length of 174.34 feet, havinga delta angle of 08 degrees 51 minutes 34 seconds, whose chord bears South 23 degrees, 14. minutes 45 seconds East, g distance of 174.17 feet to a point for comer; South 23 degrees 41 minutes 00 seconds East, a distance of 47.34 feet to a point at the beginning of a non -tangent curve to the right having a radius of 1132.50 feet; Continuing with said curve an are length of 241.08 feet, having a delta angle of .12 degrees 11 minutes 49 seconds, whose chord bears South 10 degrees 19 minutes. 49 seconds East, a distance of 240.63 feet to ai point for corner; South 01 degree 09 minutes 15 seconds West, a distance of 288.12 feet to a point for corner; South 04 degrees 33 minutes 23 seconds East, a distance of 50.25 feet to a point for comer; South 01 degree 09 minutes 15 seconds. West, a distance of 450.00 feet to a point for corner; South 06 degrees 51 minutes 53 seconds West, a distance of 150.75 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 177.93 feet to'a point at the c:120081cod1280869 - jim christal dme ea9ementldocs11008127 esmt6 westpak adda.doe EXHIBIT B1 40F9 rthur SurVeying Co., Inc. P'--ofessional Zand Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 2214675 beginning of a curve to the right having a radius of 1417.50 feet; - Continuing with said curve an arc length. of 182.98 feet, having a delta angle of. 07 degrees 23 minutes 45 seconds, whose .chord bears South 04 degrees 51 minutes. 08 seconds West, a distance of 182.85 feet to a point for comer; South 08 degrees 33 minutes 00 seconds; West, a distance of 313.12 feet to a point for corner; South 75 degrees 33 minutes 35 seconds West, a distance of 41.95 feet to a point in the east line of said Rayzor Investments tract; THENCE North 00.degrees 07 minutes 02 seconds East, with the east line of said Rayzor Investments tract, a distance of 31.00 feet to a point for corner; THENCE the with the westerly line of said Western Boulevard the following eleven (11) calls: North 75 degrees 33 minutes 35 seconds East, a distance of 14.30 feet to a point, for. corner; North, 08 degrees 33 minutes 00 seconds East, a distance of 293.26 feet to a point at the beginning of a curve to the left having a radius of 1387.50 feet; Continuing with. said curve an are length' of 179.10 feet, having a delta angle of .07 degrees 23 minutes 45 seconds, whose chord bears North 04 degrees. Sl minutes 08 seconds East, a distance of 178.98 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 179.42 feet to a point for comer, North 06 degrees 51 minutes 53 seconds East, a distance of 150.75 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 447.01 feet to. a point for comer; North 04 degrees 33 minutes 23 seconds West, a distance of 50.25 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 288.12 feet to a point at the beginning of a non -tangent curve to the left having a radius of 1102.5.0 feet;. _ Continuing with said curve an are length of 231.41 feet, having a delta angle of 12 eA2008\eod\280869 - jim christal dme easement\docs\1008127_esmt6 westpark addn.doc EXHIBIT B1 50F9 rthur Surveying Co. Inc. Professiont-W ILa"d Suxveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax (972) 221-4675 degrees 01 minute 33 seconds, whose chord bears North 10 degrees 19 minutes 03 seconds West, a distance of 230.98 feet to a point for comer; North 23.degrees 41 minutes 00 seconds 'West, a distance of 46.71 feet to a point at the beginning of a non -tangent curve to the left having a radius of 1097.50 feet; Continuing with said curve an arc length of 110.90 feet, having a delta angle of OS degrees 47 minutes 23 seconds, whose chord bears North 21 degrees 38 minutes 41, seconds West a distance- of 110.86 feet to a point in the east line of said Rayzor Investments tract; THENCE North 00 degrees 07 minutes 02 seconds East, with the. east line of said Raynor Investments tract, a distance of 67.86 feet to the POINT OF BEGINNING, and containing 1.415 acres of land, more or less. �d O VEy 02008WM280869 - jim cluistal dme. easemenfldocs\1008127 esmt6 westpark addn.doc EXHIBIT B1 6OF9 cv k — ---- MATCHILINE I NORTH LIJ��� t II A °� I 1 I 200 0 200 Feet w Q o^ Bearing system based on the City of Denton GIS network _ . . E 5 LINE TABLE Z N LINE S BEARING LENG7H G� /� .7 5 J lJ . L3 SOBS '53� 50 5' ` I L4 501 9' W 93' \ rf O L5 I S7 33'35'W I '4 95' L7 I N75'3 ' 14. ' = Q. -L8 O'0915E L9 L 0 NO 33'� , I a L72 0 02' CURVE TABLE CURVE I RADIUS I LENG7H I DELTA I CND BRG I CHORD I 0 S 3'1 " 17' I 3 50' S O'1 9' Fj n 1-4 I C3 ' 1 2.9 ' 07 ' SO S 'OB' 182.85 I C7 ' z 7 I C4 38 0' 9 ' 07 3'4 ' ND 'S ' "E 8.98' I n� 1 CS 0 ' 2 1 701 9'03' 230 98' I � CB 0• ,2 . 8' T'W 0. LQ I r 0 1 1 3 SINIQ` L-) &SI . W Q I R7 N 1 j7rj +�7'. in- 1 1*U.)- Z f I.0 ty) CLO P Co N ON1 IpN�.j � _5 I >. o I Z I� iW ! �y TEMPORARY ACCESS I `� a CONSTRUCTION &; pq •� O N I T ;. GRADING EASEMENT Cy 6 J J �;•.A Ap 0C. NO. 2008-32338 I a I +....L............:........,+ 1 1 I A SEu2 v: W N r ;� '�j�''•.FeBS�Q.•�1 I O •.� 000)1-;; Ion' J 0 N Lot 2; Block A (relmakder) I Westpark Addiiton, Ph 2 I Z t 1 I I Cabinet. Page 169 ,�. MATCH LINE II 1 G 30' Easement.- - 1.415 Acres in the James Perry Survey, Abst. No. 1040 City, of Denton Denton County, Texas - 2010 - 01,e001ftrma%aanaaa - I S89 42'27"E 1482.98' (CU) AIRPORT ROAD ti F. M. 1515 rthur Surve g Yin Co., Inc. Y Professional Land Surveyors 972-221 9439 — Fair 972 221-4675 220E1m Street, Suite 200 — P.D. Box 54 Zcffwvl&i Texas 75067 EXHIBIT B1 70F9 rthur SurveyingCo., Inc. .Professional Zaud Surveyors ` P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 0.526 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and. being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County,: Texas, according to the conveyance plat thereof recorded in Cabinet -Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows; BEGINNING at a point in the west line of said Lot 2, and the east line of that retain tract of land described in deed to Rayzor Investments Ltd., recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, said point also being in the east line of Western Boulevard, a public roadway, and from which thesouthwest corner of said Lot 2 bears South 00 degrees 07 minutes 02 seconds. West, a distance of 4756.01 feet; THENCE North 00 degrees 07 minutes 02 seconds East, with the west Iine of said Lot 2, a distance of 21.29 feet to a point for comer; THENCE over, through and across said Lot 2 the following eight (8) calls: South 27 degrees 53 minutes 59 seconds East, a distance of 277.51 feet to a point at the beginning of a -curve to the right having a radius of 1277.50 feet; Continuing with said curve an are Iength of 647:80 feet,'having a. delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 'degrees 22 minutes 22 seconds East, a distance of 640.88 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 671.25 feet to 'a point for . comer; South 04 degrees 33 minutes 23 seconds Last, a distance of 150.75 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 188.42 feet to a point at the beginning of a curve to the right having a radius of 1592.50 feet; Continuing with said curve an arc length of 205.56 feet, having a delta angle of 07 degrees 23 minutes 45 seconds, whose chord bears South 04 degrees 51 minutes 08 seconds.West, a distance of 205.42 feet to a point for comer; South 08 degrees 33 minutes 00 seconds West, a distance of 161.71 feet to a point for comer; cA20086d1280869 - jim eMstai dme easemenfldoes11008127 esma 1 westpark addn.doc EXHIBIT 81 8OF9 rthur Surveyingn. Co.,, 1.rafessionaY Land Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 71 degrees 38 minutes 40 seconds West, a distance of 11.21 feet to a point in the east line of said Western Boulevard; THENCE with the east line of said Western Boulevard the following seven (7) calls: North 08 degrees 33 minutes 00 seconds East, a distance of 166.79 feet to a point at the beginning of a curve to the left having a radius of 1582.50 feet; Continuing with said curve an are length of 204.27 feet, .liaving'a delta angle of 0'7 degrees 23 minutes 45 seconds, whose chord bears North 0.4 degrees 51 minutes `0$ seconds East; a distance of 204.13 feet to -a point for corner; l North .01 degree 09 minutes 15 seconds East, a distance of 187.93 feet to a point for comer; North 04 degrees 33 minutes 23 seconds West, a distance of 150.75 feet to a point for corner; North.01 degree 09 minutes 15 seconds East, a distance of 67134 feet to a.point at the beginning of a curve to the left_ having a radius of 1267.50 feet; Continuing with said curve an arc Iength of 642.73 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 'minutes 22 seconds West, a distance of 635.87 feet to a point for comer; North 27 degrees 53 minutes 59 seconds West, a distance of 258.72 feet to the POINT OF BEGINNING, and containing 0.526 acres of land, more or less. ' cA20081cod1280869 - jim christW dme easementldoes11008127_esmtl l westpark addn.doc EXHIBIT B1 9 OF:9 NORTH RL6 200 0 200 Feet Bearing system based on the City of Denton GIS network � IRF.p W (CM.) T N ^ Z Ln is �';l'aC��CA.' Zv � � 1 I `� 7p 11-•N�1D' CC5..r, l N o . `r,, & �'l�OI I t 1 I M: 11 I V L"t I II II I — �� ILCHLINE11 IO t Easement - - 0.526 Acres in the James Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas — 2010 — rthur Surveying Co., Inc. Professional Land Surveyors 972-2219439 -- Fax 972-221-4675 220Mm Street. Suite 200 -- P.O. Box 54 Lewisville, Texas 75067 P4 S89'42' IR.F 231., (GM.)� ��--11 r EXHIBIT B2 1 OF 3 rth r surveying Co �Inc. , . ProfessionW Lamd Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office:: (972) 221-9439 Fax: (972) 221-4675 2.102 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a park of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton .county, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton, County, Texas, and being more particularly described as follows: BEGINNING at the northwest corner of Lot 1 of said Block A and being in the south line of said` Lot 2; THENCE South.71 degrees 38 minutes 40 seconds West, over, through and across said Lot 2, a distance of 532.30 feet to a point at the northeast corner of a Drainage Easement to the. City of Denton recorded under Instrument Number 2008-32334. of the. Real Property Records of Denton County, Texas; THENCE South 75 degrees 34 minutes 52 seconds West, continuing across said Lot 2 and with the northerly line of said Drainage Easement, a distance of 98:24 feet to a point in the easterly line of Western Boulevard, a public roadway; THENCE North 08 degrees 33 minutes, 00 seconds East, with the easterly line of said Western Boulevard, a distance of 70.95 feet to a point for comer; THENCE over, through and across said Lot 2 the following five (5) calls: North 71 degrees 38 minutes .40 seconds East, a distance of 610.22 feet to a point for corner; South 88 degrees 50 minutes 24 seconds East, a distance of 627.10 feet to a point for comer; South 01 degree 06 minutes 45 seconds 'West, a distance of 139.61 feet to a point for . comer; North 88 degrees 53 minutes 15 seconds West, a distance of 70.00 feet to a point for comer; North 01 degree 06 minutes 45 seconds East, a distance of 69.67 feet to a point for comer; rthur Sur.veying Co., Inc. Professioi2aj Zand Surveyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 THENCE North 88 degrees 50 minutes 24 seconds West, continuing across said Lot 2 and then continuing with the north line of said Lot 4 a distance of 545.09 feet to the .POINT OF BEGDM NG, and containing 2.102 acres of land, more or less. 'zT <- + r. I c Lo Cal LM Fq a S8'LLS CD 2%IOS t S•--a . p t „ a (lZCO I N co U-j o w I a o m `ui z z Cd N m WI Q cl v�i� in •, F L 20 'c. 3 a o cl-d cc a oA�A �I p � �I 0) �� EF-iO �� J apl O o - .� wlr5i w �a c co t w d I Lo Ls�°a U a �I r4.x m I *y o:ms^ I ZiO�j �I LCU I . Lq a00 9600Z-L OZ ON 'aDd luawasD3 AIMIn *m;3013 4)PIM a19DYDA Q �. o ui. W .'6d TELL 'IOAI U1 ; •, Oµ 'U'o. gpOMJDe a m o a mpuawosD3 pDapD�l < r"►,p��► ¢ aaq� °O oErNi I `6n N Zoo a o > V p m � �� o c� o �A,r.•�lb ,� O �° as tO1. le- 1 E S J�Aa ?1 I a o Z \� ~ Wiz��Q� �i % v oEi I0 CO O N O s ar �ctr1 U' NM ROW0� O Off ON (D Q% J N -- -- -- --I - -- p V 4.� I r —w 3w�3w3 44 q. j0 I m z C14 W) v Q1 O AL 9� 14 aq.. `e- 1 ;5 a o Q wmnoo�SW s�,Pa. mZ�ZzzLi a. a 1 W ' I •rya ,,tip., •in,.Ps.•: E II 7C r hur SurveyingCo. Inc.t Prnfessionai 1,and Surveyors P.O. Box 54 — Lewisville} Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT 0.751 ACRES CTI'Y OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Thomas Toby Survey, Abstract Number 1285; City of Denton, Denton County, Texas, and being a part of that certain tract of land deeded to Rayzor Investments,LTD. and described as Section 1, Tract 8, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularlydescribed as follows: BEGINNING at a point in the east line of that certain tract of land described in deed to Dorothy Nell Cook, recorded in Volume 982, Page 29 of the Deed Records of Denton County, Texas, from which a'/z inch iron rod found at the southeast comer thereof bears South 00 degrees 01 minutes 58 seconds West, a distance of 40.00 feet, said: point being in the north line of Airport Road, also known as F.M. 1515, a public roadway; THENCE North 00 degrees 01 minute 58 seconds East, with the east line of said Cook tract, a. distance of 50.00 feet to a point for corner; THENCE South 89 degrees. 42 minutes 27 seconds :East, over, across and through said Rayzor tract, a distance of 654.48 feet to a point in the west line of that certain tract of land described in deed to the City of Denton, recorded in Volume 516, Page 648 of the Deed Records of Denton County, Teams; THENCE South 00 degrees 08 minutes 14 seconds East, with the west line -of said City of Denton tract, a distance of 50.00 feet to a point for comer; THENCE North 89 degrees 42 minutes 27 seconds West, over, across and through said Rayzor tract, a distance of 654.64 feet to the POINT OF BEGINNING, and containing 0.751 acres -of land, more or less. E2 If TC 17 IPA V 0000 �9lQ�P o 4t a I NQ O OD LiZ ODJfp I In,., ~( n Doc a-rIL W � N •a® iQo � � q LO co c l 11 �I II a o , U, (q >nA WI 13W11 ? z zCall �. UI E-i o 0. - ora I i II ti .0E" �. r^ q g .►,.3,y O N I vl •n•1 Fy > . vOO. c Vo OP, qj a m � v• a �rja ��P�P 0 y 0 70 F m EXHIBIT C 3 OF 17 o rihur SurveyingCo.a Inc. Professional 1,azzd Surveyors P.O. Box 54 — Lewisville, Texas 75067 . Office: (972) 221.-9439 -!. Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT 2.941 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Thomas .Toby Survey, Abstract Number 1285 and the: John Bacon Survey; Abstract Number 1541, in the City of Denton,.Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., recorded in Volume 1796, Page 601 of the Deed Records of Denton County,. Texas, and being more particularly described as follows: BEGINNING at a point in the east line of that certain tract of land described in deed to the City of Denton, recorded in Volume 516, Page 648 of the Deed Records. of Denton County, Texas,, from which a %2 inch. iron rod. found at the southeast comer thereof bears South 00 degrees 0.8 minutes 14 seconds East, a distance of 46.00 feet being in thenorth line of Airport Road, also known as F.M. 1515, 'a public roadway; THENCE North 00 degrees 08 minutes 14 seconds West, with the east line of said City of Denton tract, a distance of 50.00 feet to a point for; comer; THENCE over, across and through said Rayzor Investments tract the following nine (9) calls: South 89 degrees 42 minutes 47 seconds East, a distance of 46.52 feet to a,point for'.. corner North 23 degrees 43 minutes 52 seconds East, a distance of 5.71 feet to a. point at the beginning of a non -tangent curve to the right having a radius of 1359.50 feet; Continuing with said curve an are length of 247.81 feet, having a delta angle of 10 degrees 26 minutes 39 seconds, whose chord bears North 05 degrees 30 minutes 06 seconds East, a distance of 247.47 feet to a point for comer; North 10 degrees 43 minutes 25 seconds East, a distance of 333.66 feet to a point at the beginning of a curve to the' left having a radius of 1040.50 feet; Continuing with said curve an are length of 174.10 feet, having a delta .angle of 09 degrees 35 - minutes 12 seconds, whose chord bears North 05 degrees 55 minutes 49 seconds East, a distance of 173.89 feet to a point for comer; . North 01 degree 08 minutes 13 seconds,East, a distance of 33.18 feet to a point for comer; North 00 degrees 07 minutes 02 seconds East, a distance of 1579.37 feet to a point for comer; 620081cod1280869 - jim chsistal dme easementldocs11008127 esmt5 rayzor temp revised-2:doe EXHIBIT C 4OF17 Ahur SurveyingCo. Inc. Py-ofessional' Zand Suz-veyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 North 75 degrees 33 minutes 35 seconds East, a distance of 50.87 feet to a .point for comer, North 08 degrees 33 minutes 00 seconds East, a distance of 209.79 feet to a point in the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records .of.Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line. of said- Lot 2, a distance of 251.19 feet to a point for comer thereof, THENCE over, across and through said Rayzor Investments tract the following nine (9) calls: South 75 degrees 33 minutes 35 seconds West, a distance of 31.00 feet to a point for. comer; South 00 degrees 07 minutes 02 seconds :West, a distance of 1541.14 feet to a point for comer; South 01 degree 08 minutes 13 seconds West, a distance of'�3.62 feet to a point for comer at the beginning of a curve to the right having a radius of 1090.50 feet; Continuing with said curve an are length of 182.46 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whose Chord bears South 05 degrees 55 minutes 49 seconds West; a distance of 182.25 feet to a point for comer; South 10 degrees 43 minutes 25 seconds West, a distance of 333.66 feet to a.point at the beginning of a curve to the left having a radius of 1309.50 feet; Continuing with said curve an arc length of 238.39 feet, having a delta angle of 10. degrees 25 minutes 49 seconds, whose chord bears South 05. degrees 30 minites..30 seconds West,'. a distance of 23 8.06 feet to a point for comer; South 00 degrees 17 minutes 36 seconds' West, a distance of 10.70 feet to a point for corner; South 23 degrees 43 minutes .52 seconds; 'West, a distance of 48.90 feet to a point for comer, North 89 degrees 42 minutes 47 seconds West, a distance of 78,97 feet to the POINT OF BEGINNING, and containing 2.941 acres of land,more or less. c:\20081cad1280869 - jim cluisfal dine easemcntldocs11008127_esmti'rayzor temp revised 2.doc EXHIIF I�T7C a� NORT o w 100 0 100 Feet - °' � ICU Bearing system based on the City Qf 41 j N Denton GIS network O ^� O x Y N YJ N Li O Rayzor Investments, Ltd. Z Volume 1796, Page 601 D.R.D.C.T. � o ;-a ;i j � L5 IL W 00 f ww o , z y JDNN 4CON SURREY p M' CVO 7 U A rHurlas TL?>Y 5t1RVEY O) G ABST, NO, 12BS 0 N f; I Q zr +�� N ' Rayzor Investments, Ltd. Volume 1796, Page 601 D.R.D.C.T. a- N Nto - c4 it � NOOK to J ~r ^ �� 60' DRNG. I 1� I ,M-�!� DOC. NO, 2\ O) 1 Qom O'C �0) h 5 "I.R.F. ATCH c CIL CM- 50 ' Temporary Construction Esmt. 2.941 Acres in the John 'Bacon Survey, Abst. No. 1541 Thomas Toby Survey, Abst. No. 1285 City of Denton Denton County,. Texas — 2010 — , rthur Surveying Co., Inc. :-A Professional Land Surveyors 972-22140439 Fw972-221-4675 =0E1m Sure; SWM 200 P.O. -8=54 LeR*AU*, 71"= 75067 LL -- _.1 p� v L� o !RF - N89-42'47"W {GM) , 16' UTIL. ESMT. 100'P.deL ESMT.. 1251.76 (v 1221/P.850) 9 1 (V. 11/P.894 AIRPORT - ROAD F. M.1515 LINE TABLE. LINE BEARING LENGTH L1 00'08' 4' 50.00' L2 S89'42'47E 39.47' L3 S23' 3'52" ' L4 N01'08'1,3 E 33-18' L5 5'33'35"E 50.87' L6 S7533'35"W 31.00' L7 S01'08' 3"W 33.62' LS So097'36"W 10.70' L9 S23' "W 66.34' L10 N894247"W 1.91' L11 OO'08'14"W 30.00, Raywr temp EXHIBIT C 6OF17 rthur SurveyingCO., I nc. ]Professional .T,and Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 55' TEMPORARY CONST�WCTION EASEMENT . 0.495 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract . Number 1222, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, Ltd., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northwest corner of said Raynor Investments, LTD. tract and the northeast comer .of that certain tract. of land described in debd to Ed, Wolsld, Trustee and. Virginia Fryman., recorded in Volume 2895, Page 470 of the Deed; Records of Denton County, Texas, said point also being in and near`the centerline of Jim Christal Road, a public r6adway; THENCE North 89 degrees 43 minutes 31 seconds East, in and near the centerline of said Jim Christal Road, a distance of 3 89.97 feet to a point for comer; THENCE South 04 degrees 31 minutes 20 secorids East, over, through and across said Rayzor Investments tract, a distance of 55.15 feet to a point for comer; THENCE South 89 degrees 43 minutes 31 seconds West, continuing over, through and across said Raynor Investments tract, a distance of 394.57 feet to a point in the east line of said Wolski tract; THENCE North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolski tract, a distance of 55.00 feet to the POINT OF BEGINNING, and containing 0.495 acres of land, more . or less: EXHIBIT C 7 01717 rthur SuryeyingCo. Inc. Professional Zaz>;d Surveyors P.O. Box 54 --• Lewisville, Texas 75067. Office: (972) 221-9439 --i Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION •EASEMENT 4.128 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS i BEING all that certain lot, tract or parcel of land situated in the John. Scott Survey,. Abstract Number 1222 and the John Bacon Survey, Abstract Number 1541, City of. Denton; Denton County, Texas, and being a part of that certain tract of land described in deed toRayzor Investments, Ltd., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the northeast comer of that certain tract. of land described in deed to Ed WolsK Trustee and Virginia Fryman, recorded in Volume 2895, Page 470 of the Deed Records of Denton County, Texas, and the northwest comer of said Rayzor Investments tract, same point also being in and near.the centerline of Jim Christal Road, a public roadway; THENCE South 00 degrees 15 minutes 52 seconds West, with the east line of said Wolski tract, a distance of 85.00 feet to a point for corner; THENCE North 89 degrees 43 minutes 31 seconds East, over, through and across said Rayzor Investments tract, a distance of 316.86 feet to the POINT OF BEGINNING; THENCE continuing over, through and across ;said - Rayzor Investments tract the following. fourteen (14) calls: North 89 degrees 43 minutes 31 seconds, East, a distance of 50.14 feet to a point for comer; South 04 degrees 31 minutes 20 seconds Easi, .a distance of 340.94 feet to a point for comer; North 85 degrees 28 minutes 40 seconds .East, a distance of 371.18feet to a.point for comer; . North 04 degrees 31 minutes 20 seconds West, a distance of 148.90 feet to a point for . comer; North 40 degrees 28 minutes 40 seconds East, a distance of 190.12 feet to a point for comer; North 89 degrees 43 minutes 31 seconds East, a distance of 552.23 feet to a point for . comer; cA20081cod1280869 - jim christal dme easementldocs11008127 esmt7 rayzor temp.doc 1 E8HOF 17C 1 rthur SurvIleyingCo I nc. Profes. kraal L. :zd Sux-veyars P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 ; Fax: (972) 221-4675 South 01 degree 09 minutes 14 seconds 'West, a distance of 309.75 feet to a.:polnt; or comer; South 04 degrees 33 minutes 24 seconds East, a distance of 201.00 feet to a point � for comer;, South 01 degree 09 minutes 14 seconds Nest, a distance of 78.65 feet to .a point at. the beginning of curve to the left having a radius of 1297.50 feet; Continuing with said curve an are length of 657.94: feet, having. a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 . minutes 23 seconds East, a distance of 650.91 feet to a point for corner; South 27 degrees 53 minutes 59 seconds East, a distance of 392.07 feet to a point for comer; South 22 degrees 11. minutes 21 seconds; East, a distance of 50.25 feet to a point for comer; South 27 degrees 53 minutes 59 seconds East, a distance of 16.1.24 feat to a point at the. beginning of curve to the right having a radius of 1097.50 feet; Continuing with said curve. an arc length of 64.37 feet, having a delta angle of 03 degrees 21 minutes 37 seconds, whose chord bears' South 26 degrees 13 minutes 12 seconds East, a distance of 64.36 feet to a point in the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the. conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a distance of 133.67 feet to a point for comer; THENCE over, through and across said Rayzor Investments tract the following fourteen (14) calls: North 23 degrees 41 minutes 00 seconds West, a distance of 13.70 feet to a point at the beginning of a non -tangent curve to the left'having a radius of 1047.50 feet; Continuing with said curve an arc length of 169.41 feet, having 'a delta angle of 09 degrees 16 minutes 00 seconds, whose chord bears .North 23 degrees 16 minutes 00 seconds West, a distance of 169.23 feet to a: point for comer; North 27 degrees 53 minutes 59 seconds West, a distance of 163.74 feet to a point for.. comer; c:120081cod1280869 -jim christal dme easementldocs11008127 esmV rayzortemp.doc EXHIBIT C 9OF17 rthur. Surveying Co. Inc. Professionzw-; Yzd Sur Byars P.O. Box 54 �-- Lewisville; Texas 75067 Office: (972) 221-9439 -r Fax: (972) 221-4675 North,22 degrees 11 minutes 21 seconds West, a distance of 50.25 feet. to a point for comer; North 27 degrees .53 minutes 59 seconds West, a distance:of 389.58 feet to a point of the beginning of a curve to the right having a radius of 1347.50 feet; Continuing with said curve an are length of 683.30 feet, .having a delta angle of 29 . degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23 seconds West, a distance of 676.00 feet toa point for comer, North 01 degree 09 minutes 14 seconds East, a distance of 76.1.5 feet to' a point for comer; North 04' degrees 33 minutes 24 seconds: West, a distance of 201.00 feet to a point for comer; North 01 degree 09 minutes 14 seconds .East, a distance of 260.98 feet to a point for comer; South 89 degrees 43 minutes 31 secondsWest, a distance of 478.05 feet to a point for. comer, South 40 degrees 28 minutes 40 seconds West, a distance of 146.49 feet to a point for comer; South 04 degrees 31 minutes 20 seconds :East, a distance of 178.19 feetto a point for corner; South 85 degrees 28 minutes 40 seconds West, a distance of 471.18 feet to a point for comer; Ngrth 04 degrees 31 minutes 20 seconds West, a distance of 394.66 feet to the POINT OF BEGINNING, and containing 4.128 acres of land, more or less. , c:120081cod1280869 - jim christal dme easemcnAdocs11008127 esmt7 rayzor temp.doc EXHIBIT7 10 OF NORTH. 51. D.' .N &A 2 300 0 300 Feet. Jghn D. Davis 1.1115, Pg. 141) Bearing systemlbosed on the City o1.Denton GIS netwprk. 55' 7EMPORARY CONSTRUCTION (Vo EASEMENT — 0.495 ACRES N89'45'23'w JIM CH'RISTAL ROAD 916.03' �371.'�.. I.R.F. �R.'F.N8943'31"E 389.07'757'1 OD� .PSOD.M W9'43'31E�55223—N8 7 74 S894331'W 47 l;QW f -1 ' II I �FLvPad#H P:0p'''c Eglidge Rngy, LLCocv'2840" rn"too N8` 1�No2010-702 'v' S85-2471.18' o a 50' TEMPORARY. CONSTRUCTION 0�4 EASEMENT 4.128 ACRES W w . .Ar e 18J IL � � 2104Section 1; Ti*t 7 in;I a Rayzor investments, Ltd. 1w, :�:1 _' » pU (Vol. 1796, Pg. 601) `'= A ' QN 4 n T LINE TABLE LINE BEARING LENGTH L7 Sp431'20'E 5 .15' L2 N0095'52"E 55.00, L3 Ngg'43'31"E 50.14' L4 31' 0" 148.90' L5 '4D"E 190.72' L6 S01'09'14'W 78.65' L7 S22'11-21 50.25' L8 S27'5'59" 161. ' L9 . 50 '07'02" 733. ' .110 N23' 'W 3.7 ' LI1 3'5 "W 163.74' L12 N22 '21" W 50.25' L13 6 5' L14 0" 46.49' L15 SO4'3 '20'E 178.19' L16 SOO 5'52' 85.00' 07 N89'43'3 "E 316.06. w o w ors w` N P, r°. . O p CURVE TABLE, CURVE. RADIUS I LENGTH DELTA CHD BRG CHOV Cl 97.50' 6 .37' 03 1'37" S26'13'12"E 64. C2 047.50' 169.41' 09'1600" N23 6'00"W 169. Temporary Construction Esmt. John Scott. Survey, Abst. No. 1222 John Bacon Survey, Abst. No. 1541 City of Denton Denton County, Texas — 2010 — ..�. C1 VL LEY6Fi.i I '� < \ L10 Yg rthur urve In co, I Inc: Professional Land Surveyors 972-221 9439 — Fax 972-221-4675 . 220 Blm Set, Suite 200 — P.O. Box 54 Lewisville, Texas 75067 ' G\Igoe\too\xe0e6Y - J6n Chw. DME Eaa"n.nl\Or,\lamlZYatmt7 Mywr'tempA•g +a/xa/zmo xu:oe PM [Ar _ 11HOF 17 rthur SurveyingCo.Jnc.. ]Professional sand S WVe.V-0ZS P.O. Box 54 —Lewisville, Texas 75067 Office: (972) 221-9439 —'Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.137 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of laud situated in the J. Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1 Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas,. and being more particularly described as follows: COMMENCING at the northwest comer of Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in. Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, from which the northeast comer of said Rayzor investments tract bears North 00 degrees 01 minute 06 seconds East, a distance of 29.97 feet, being in and near the approximate centerline of Jim Christal Road; a public roadway; THENCE South 00 degrees 01 minute 06 seconds West, with the west. line of said Westpalrk. Addition, Phase 2, a distance of 45.00 feet to a point for comer; THENCE South 89 degrees 43 minutes 30 seconds West, over, through and across said Rayzor , Investments tract; a distance of 138.56 feet to the POINT OF BEGINNING; THENCE South 00 degrees -16 minutes 30 seconds East, continuing over, through and across said Rayzor Investments tract, a distance of 80.00 feet to a point for corner; THENCE South 89 degrees 43 minutes 30 seconds West, continuing over, through and across said Rayzor Investments tract, a distance of 90.31 feet to a point in the east line of western Boulevard, a public roadway; THENCE North 01 degree 09 minutes 14 seconds East, with the east line of said Western Boulevard, a distance of 50.02 feet to a point for corner thereof; THENCE North 89 degrees 43 minutes 30 seconds East, over, through and across said Rayzor , Investments tract, a distance of 39.06 feet to a point for comer; THENCE North 00 degrees 16 minutes 30 seconds West, continuing over, through and across said Rayzor Investments tract, a distance of 30.00 feet THENCE North 89 degrees 43 minutes 30 seconds East, continuing over, through and across said Rayzor. Investments tract, a distance of 50.00 feet to the POINT OF BEGINNING, as containing 0.137 acres of land, more or less. .... a 120081cod1280869 - jim christal dme easemenNocA1008127 esmt8 rVzor temp.doc ` A�, t�` 4 QFe$5�0 EXHIBITC LINE TABLE LINE BEARING LENGTH L1 N00'01'06"E 29.97' L2 S0012100"W 1 23.2.' aoring a Urn one on e y o en on ne wo Dianne Davis Atkinson, JackD. Atkinson, Wallace E.:Davis, Jr. and Mary V. Davis (Vol. 612, Pg. 430) JIM. CHRISTAL ROAD C5 / ' N00'16'30"W o 30.00' N89 43'30 - — -.p: io. 2;-- — — — — — -- -- o w N89'43'30"E 50.00' PROPOSED 2D' D.M.E. EASEMENT 39.06' /, S8943'30"W 138.56' 6RA. N89'23'31 "E . N 1.56.90' —' 5/8'1.R.F. BEARS N89'23'31"E 0.49' N8923'31"E fk.F- 1675.35' R.O.W. DEDICATION (Co. Y, PG. 169) ' J gyp, W .� y'' P ti WLU Gp�� ''cojr- a ,Q•�,�roy 1000 p o 1 S89743'30"W 90.31' Section 1, Tract 7 Rayzor Investments, LTD. (Vol. 1796, Pg. 601) U Via Temporary Construction Easement `� 0.137 Acres in the r}hur Surveying CO., Inc. J. Bacon Survey, : Abst. No. 1541 Professional Land Surveyors City of Denton 972 221-9439 - F:z 972-22Y-467s Denton County, Texas 220 MM stroe4 Sufte 200— P.O. Box 54 — 20 ] 0 — ZewnaviIIe, Texas 75057 C;\RD0WN=\29DE69 - a. Chddd Dh1E E.."W\0w9\1009127. mts aopw I.mPd"g 101n120ID 3:39..37 PY CDT - E13HOF 17 rthur Surveyipg Co. Inc. Prvfession�.�Y L,ax�d Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT 1.636 ACRES CITY OF DENTON, DENTON COUNTY; TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number 1222 and the John Bacon Survey, Abstract Number 1541, City of Denton, Denton . County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Rayzor Investments tract and the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of . the Plat Records of Denton County, Texas and from which the southwest comer of said Lot 2.bears South: 00 degrees 07 minutes 02 seconds West, a distance of 4777.30 feet; THENCE over, through and across said Ray= Investments tract the following eleven (11) calls: North 27 degrees 53 minutes 56 seconds Nest, a distance of 274.33 feet to a point at the beginning of a curve to the right having a iadius of 1122.50 feet; Continuing with said curve an are length of 569.20 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears North 13. degrees 22 minutes 23 seconds West, a distance of 563.12 feet to a point for comer; North 01 degree 09 minutes 14 seconds East, a distance of 1.24.65 feet to a point for comer; North 06 degrees 51 minutes 52 seconds East, a distance of 201.00 feet to a point for comer;. North 01 degree 09 minutes 14 seconds East, a distance of 314.73 feet to .a point for . comer; North 89 degrees 43 minutes 30 seconds; East, a distance of 50.02 feet to a point for comer; South 01 degree 09 minutes 14 seconds West, a distance of 318.47 feet to a. point for . corner; South 06 degrees 51 minutes 52 seconds West, a distance of 201.00 feet to -a point for comer; cA20081cod1280869 - jim eMstal dme easmmentldocs11008127 esmt10, ra#or temp.doc EXHIBIT C 14 OF 17 rthur Surveying Co.,'Inc. Professzo=w X—and surveyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 2214675 South 01 degree 09 minutes 14 seconds West, a distance of 122.15 feet to a point at the. beginning of a curve to the left having a radius of 1072.50 feet; Continuing with said curve an are length of 543.85 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 53 8.04 feet to a point for corner; . South 27 degrees 53 minutes 56 seconds East, a distance of 180.36 feet to a point in the west line of said lot 2; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a distance of 106.45 feet to the POINT OF BEGMUNG, and containing L636 acres of land,. - more or less. fi'� cA2008\coM0869 -jim christal dme easement\docs\1008127 esmt10 [apor temp.doc NORTH 200 0 200 Bearing system based on the City of Denton GIS network. LINE TABLE LINE BEARING LENGTH L1 N01'09'14"E 124.65' L2 N89'43'30"E 590. 0 ' L3 S01'09'14'W 122.15' L4 SOD'07'02"W 10 ,45' 16HOF 17 JIM CHRISTA ROAD f.R.f. (GM.) N73 �g W �?Cc c , �LU CV O I r' N 4 �• „- co LO ce ZWON (0N fn iii J J 4� b Y Section 1, Tract 7 I r 0`y': ix _ z Rayzor Investments, Ltd.-'-� o ,n (Vol. 1796, Pg. 601 � � s 1 y �En Z. 11 W J tsr �..�y •U i. . � S1.I '� - �J NN � NN� N O� - cV ON Cn U. 3. I �N .50' Temporary Construction Esm t. N �0� 1.636 Acres in the r'� L`�,\� John Scott Survey, Abst. No. 1222 I yx -CPA John Bacon Survey, Abst. No. 1541 City of Denton I \ ' Denton County, Texas \ -2010- .�. a.. . in . Co., Inc. �Y go rthur Surve Professional Land Surveyors I o i \: 972-221 9439 — Fax 972-2214675 S9'42'27"E 220 Mm Street; suite 200 — P.O. Box 54 LR F 482. 98' — (CM-)0—- Lewisville, Texas 73067— fl",®r t—p.mr, EXHIBIT C 16 OF 17 rthur SurveyingCo. Inc. Pzafessionay �.axzd Sa�x�eyors P.O. Box 54 ^- Lewis'Ville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 50, TEMPORARY CONSTRUCTION EASEMENT 0.015 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, .Abstract Number 1222, City of Denton, Denton County, Texas, and being a part. of that. certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7., recorded in Volume. 1796, Page ' 601 of the Deed Records of Denton County, Texas, -and being more particularly described as follows: COM MIENCING at a point in the south line of. that certain tract of land described in deed to John D. Davis, recorded in Volume 1115, Page .141 of the Deed Records of Denton County, Texas, being in and near the approximate centerline of Jim Christal Road and in the west line off: Western Boulevard, a public roadway and from which a PK Nail found at the: southwest corner of said Davis tract bears South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet; THENCE. South 10 degrees 19 minutes 28 seconds West, with west line of said Western Boulevard, a distance of 27.72 feet to a V2 inch iron rod with a yellow cap stamped "ARTIHZTR SURVEYING COMPANY" found for corner; THENCE South 40 degrees 33 minutes 19 seconds. East, continuing with the west line of said Western Boulevard, a distance of 49.48 feet a point for comer; THENCE over, through and across said Rayzor Investments tract the following five (5) calls: South 89 degrees 43 minutes 31 seconds West, a distance of 39.32 feet to the POINT OF BEGINNING; South 40 degrees 33 minutes 19 seconds East, a distance of 13.11 feet to a point for comer; South 89 degrees 43 minutes 31 seconds West, a distance of 65.54 feet to a point for comer; North 40 degrees 33 minutes 19 seconds. West, a distance of 13.11 feet to a. point for comer; North 89 degrees 43 minutes 31 seconds East, a distance of 65.54 feet to the POINT OF BEGENNING,'and containing 0.015 acres of land, more or less. c:120081cod1280869 - jun chnstal dme easementldoes11008127_esmtl2. rayzor temp.doc . 41 E17HOF 17 LIN9 TABLE UNE BEARING LENGTH L1 S4033'19°E 13.11' a N40'33'19"W 13.11' NORTH 300 0 300 Feet Bearing system based on the City of Denton GIS network. John D. Davis �t (Vol. 1115, Pg. 141) S89'43'31 "W 2336.65' PK NAB FND. � (-M) s� , N .514 C�tl 7l Lli� TALr ROAD Q N JI I.R.F. A.SG (GM) J� 1O. 50' TEMPORARY �n \����9z CONSTRUCTION ESMT. �. F 0.015 ACRES N89'43'31 "E 65.54' S89.43'31 "W PROPOSED 20' D.M.E. EASEMENT 39.32' S89'43'31' 65.54' Q PROPOSED 30' EASEMENT de RIGHT—OF—WAY L`�t 0 Section 1, Tract 7 6 Rayzor Investments, Ltd. I Ja (Vol. 1796, Pg. 601) I O a 50' Temporary Construction Easement rthUr Surv1 lna Co.Inc.* 0.015 Acres in the 1 b 1 . John Scott Survey, Abst. No. 1222 Professional Land Surveyors City of Denton 972-221 9439 -- Pax 97a 2zz-a67s Denton County, Texas 22os� Street, suira200 - P.O. aox54 — 2010 — r awisvilla, Texas 75067 — J. CM1rNW We 3 EXHIBIT C1 1 OF 12 rthur Surv'eying Co. Inc: Profession..I -)d Surveyors P.O. Box 54 — Lewisville, Texas 75067. Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.115 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel -of land situated in the Thomas Toby Survey, Abstract Number .1285, City of Denton, Denton County; Texas, and being a part of Lot 2,_ Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas,_ . and being more particularly described as follows: BEGINNING at a Y2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set at the most southeast corner of Western Boulevard, a public roadway and being in the north line of Airport Road, also known as FM. 1515, a public roadway; THENCE over, across and through said Lot 2 the'following three (3) calls - North '00 degrees s 17 minutes 36 seconds $ a distance of 100. i� �, 00 feet to a point u1: the. north line of a 100 foot wide easement to TYAL. Company, recorded in Volume 911, Page 894 of the Deed Records of Denton County, Texas; South 89 degrees 42 minutes 24 seconds East; with the north line of said 100 foot wide . easement, a distance of 50.00 feet to a point for comer; South 00 degrees 17 minutes 36 seconds West, a distance of 100.00. feet to a point in the north line of said Airport Road; THENCE North 89 degrees 42 minutes 04 seconds West, a distance of 50.00 feet to the POINT OF BEGINNING, and containing 0.1 IS acres of land, more or less. op � lit i l..•,......,................ .... ... . pw: cA20081cod1280869 - jim chrisW dme easemenAdocs11008127_esmt4 Wesipark adds temp.doc EXHIBIT C1 2 OF 12 30 NORTH 30 Feet Bearing system based on the City of Denton GIS network ILot 2, Block A Westpark Addition, Phase 2 . F-1 Cabinet Y, Page 169 1 P.R.D.C.T. I I I is' UTILITY ESMT. — (V.1221 I I C L. — S89"42'04"E 50.00' _ Cra y 5/B7.R.F. 54 o I I I o� �o TEMPOR ARY I CONSTRUCTION o EASEMENT o �' I I is 0.115 ACRES;, Z ��^ EASEMEPRONT Ae v1 I RIGH7—pF—WAY I O Z O 16' UTIUTY ESMT. — (V 1221/P.E50) Asa --Jikk fly ................... f/27.R.F. (aM) N89.42'27"W N8942'04"W 293.07' 50.00" AIRPORT ROAD N F. M. 1515 Temporary Construction Easement 0.I15 Acres in the _ rthur Survey Thomas Toby Survey, Abst. No. 1285 Professionalland Surveyors City Of Denton 972-221 9439 - Pax972 221-4675 ' Denton County, Texas 220MM sweet; suite200 — P.O. Box54 — 2010 — Lew=vlffe, Texas 75067 L1\2008\CW\280 69 - Jln Chrlstnl DME E11eenent\dwa\1008127_esnt4 Vestpark Aedn tenp,dwo WEVZ010 PJOH9 PM CDT EXHIBIT CI 3OF12 9 - rthur SurveyingCo.,,* Inc. 1�rofessional.�arid.Saxzweyrors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 .501 TEMPORARY CONSTRUCTION EASEMENT 2.085 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot,- tract or parcel of land situated in the Jame's Perry Survey, City of Denton, Denton County, Texas, and being a part;of Lot 2, Block A, Westpark Addition; Phase 2, an addition to the City of Denton, Denton County, Texas, according to theconveyance plat, thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the westesterly line of Western Boulevard, a public roadway, said point being in the east line of that certain tract of land described in deed to Rayzor investments, LTD., recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being in the west line of said Lot 2 from which a Y. inch iron rod found, at the :northwest corner thereof bears North 00 degrees 07 minutes 02 seconds East, a distance of 1884.59 feet, and being the beginning of a curve to the right having a radius of 1097.50 feet; THENCE .over, through and across said Lot 2 the following eleven (11) calls: Continuing with said curve an arc length of 110.90 feet, having a delta angle of 05 degrees 47_ minutes 23 seconds, whose chord bears South 21 degrees. 38 minutes. 41 seconds East, a distance of 110.86,feet to a point for -coiner; South 23 degrees 41 minutes 00 seconds .East, it distance of 46.71 feet to a point at the beginning of a non -tangent curve to the right having a radius of 1102.50 feet; Continuing with said curve an are Iength of 231.41 feet, having a delta angle of 12 degrees 01 minutes 33 seconds, whose chord bears South 10 degrees 19 minutes 03 seconds East, a distance of 230.98 feet to a point for corner; South 01 degree 09 minutes 15 seconds West, a distance of 288.12 feet to a point for corner; South 04 degrees 33 minutes 23 seconds, East, a distance of 50.25 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 447.01 feet to a point for comer; South 06 degrees 51 minutes 53 seconds West, a distance of 150.75 feet to a point for.. corner; 0120081ood1280869 - jim christal dme easementldocs11008127_esmt6 westpark addn temp.doc EXH16JT C1 4 OF 12 rihur Surv'eyingy'co. Inc. Professional Zaz�d SUZ eyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 . South 01 degree 09 minutes 15 seconds West, a distance of 179.42 feet to a point at the beginning of a curve to the right having a radius of 13 87.50 feet Continuing with said curve an arc length of 179.10 feet, having a delta angle 'of 07 degrees 23 minutes 45 seconds, whose chord bears South 04 degrees 51 minutes 08 seconds West, a distance of 178.98 feet to a point for comer; South 08 degrees 33 minutes 00' seconds 'West; a distance of 293.26 feet to a point.for comer, South 75 degrees 33 minutes 35 -seconds West, a distance of 14.30 feet to a point in the east line of said Raynor Investments tract; THENCE North 00 degrees 07 minutes 02 seconds East, with the east line of said .Rayzor Investments tract, a distance of 251.19 feet to a point for comer; THENCE over, through and across said Lot 2 the following nine (9) calls: . North 08 degrees 33 minutes 00 seconds East, a distance. of 50.37 feet to. a point at the beginning of a curve to the left having a radius of 1337.50 feet; Continuing with said curve an arc length of 172.65 feet, having a delta angle of 07 degrees 23 minutes 45 seconds, whose chord bears North 04 degrees 51 minutes 08 seconds East, a distance of 172.53 feet to a point for comer; North 01 degree 09 minutes 15 seconds :East, a distance of 181.92 feet to a point for corner; -North 06 degrees .51 minutes 53 seconds; East, a distance of 150.75 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 442.02 feet to a point for Comer; North 04 degrees 33 minutes 23 seconds --West, a distance of 50.25 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 288.20 feet to a point at the beginning of a non -tangent curve to the left having a radius of 1052.50 feet; Continuing with said curve an are length of 215.38 feet, .having a delta angle of 11 degrees 43 minute 29 seconds, whose chord bears North 10 degrees 17 minutes 43 seconds West, a distance of 215.00 feet to all point for comer; 0.20081cod1280869 - jim christal dme easementldocsl1008127 esmt6 westpark adds temp.doc EXHIBIT C1 5OF12 rthur Surveying Co., Inc. Professi n-v.Laad SauMleyors P.O. Box 54 --- Lewisville, Texas 75067. Office: (972) 221-9439 Fax: (972) 221-4675 North 23 degrees 41 minutes 00 seconds West, a distance of 31.95 feet to a point in the east line of said Rayzor.Investments tract; THENCE North 00 degrees 07 minutes 02 seconds East, with the east line of said Rayzor Investments tract, a distance of 133.67 feet to the POINT OF BEGDMING, and containing 2.085 acres of land, more or less. C� F . •' . SURV i cA2.008kcoM80869 - jim christal dme easementldocs11008127 esmt6 westpark addn temp.doc EXHIBIT Cl 6 OF 12 \ 'IR.F i. �\ I (C.M.J q� N NORTH .� 200 0 200 Feet w iarrnq system based on the City of Denton CIS network. p SQ d IO .CIO PU OO aO \ N Fij cd _ a> U Z: p W \ o^ o �� 1 CURVE TABLE - CURVE RADIUS LENGTH DELTA CHD SRO CHORD Cl 109 50' 10. 110.89, C2 O .50' '33" S1 '03"f 30-9 ' CS 8 07' 3'45" ' 8"W 8.98' C4 33 .5 ' 7 .65' 0 '45" N04.5 ' 53' C5 105 . '- 1 4329' IO 7' 3'W 15.00' Zo 1 1 ICE . , �i; I ql 1 d� I as r_ r 10 A r I Q M O I I A Do a C4 Do 1"CV ~j g -6 Z 1 1 p �C�1. TEMPORARY ACCESS. I � JI tn I yr `2 r I W i i z 1 la I .� 10) I NI C) d. I - o MAT � 1 ' cn CH ld 50 ' Temporary Construction Esmt. 2.085 Acres in the James perry Survey, Abst. No. 1040 City of Denton Denton County, Texas -2010- CHT1144 I- 10 Liu 001 + c1 8 I I I I N —II iJl I , O H I f. I "Id UI ICi r 0% 1 1 gyp, 1._ O �I h CO a n rn 1 O N Z I,Z 1 1 5 '.. I - o rn �1 i\ o ,ga ry o N 'tQ : cn i. ��0���4�+✓ 'S89'42'27"E I 1482.98' "`AIRPORT ROAD ti F. M. 1515 rthur SurVeyln Co., Inc. g .Professional Land Surveyors 972-22.1-9439 - Fax972-221-4675 220 Elm Street, Saito 200 -- P.O. Box 54 Lewisville, Texas 75067 / C�\2006\COD\2BOB69 - Jln CWl.Ul DME Easenrnt\dWpV008127_esnt6 Mfsipork Addn tenpdWa 10/25/2010 3,09,46 PM CDT - EXHIBIT C1 7OF12 rthur Surveying Co., Inc. ProfessiomaZ Zaaxd Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439; — Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT 2.701 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of Lot .2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Lot 2, and the east line of that cetain tract of land described in deed to Rayzor Investments Ltd., recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, from which the southwest corner of said Lot 2 bears South 00 degrees 07 minutes 02 seconds West, a distance of 4777.30 feet; THENCE North 00 degrees 07 minutes 02 seconds East, with the west line of said Lot 2, a distance of 106.44 feet to a point for corner; THENCE over, through and across said Lot 2 the following fifteen (15) calls: South 27 degrees 53 minutes 59 seconds East, a distance of 371.48 feet to a point: at the beginning of a curve to the right having a radius of 1327.50 feet; Continuing with said curve an are length of 673.16 feet, having a delta angle 'of 29 degrees 03 minutes - 15 seconds, whose chord bears South 13 degrees 22.. minutes 21 seconds East, a distance of 665.97 feet to; a point for comer, South 01 degree 09 minutes 15 seconds West, a distance of 668.75 feet to a point for corner; . South 04 degrees 33 minutes 23 seconds East, a distance of 150.75 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 190.92 feet to a point at the beginning of a curve to the right having a radius of 1642.50 feet; Continuing with said curve an are length of 212.02 feet; having a delta angle of 07 degrees 23 minutes 45 seconds, whose:chord bears South 04 degrees 51 minutes 08 seconds West, a distance of 211.87 feet to a point for comer; South 08 degrees 33 minutes 00 seconds West, a distance of 136.34 feet to a point for comer; c:120081cvd1280869 - jim eMstal dme ea9ementldccs11008127 esmt1l westpark adds temp.doc EXHIBIT C1 8 OF 12 rthur S.urveying.Co,: Inc. PrOfessibnzv Land surveyor rs P.O. Box 54 -r Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 71 degrees 38 minutes 40 seconds West, a distance of 56.07 feet to. a point for corner; North 08 degrees 33 minutes 00 seconds East, a distance of 161.71 feet to a point at the beginning of a curve to the left having a radius of 1592.50 feet; Continuing with said curve an are length of 205.56 feet, having a delta angle of 07 degrees 23 minutes 45 seconds, whose: chord bears North 04-degrees 51 minutes 0.8 seconds East, a distance of 205.42 feet to :a point for comer, North.01 degree 09 minutes 15 seconds East, a distance of 188.42 feet to a point for comer; North 04 degrees 33 minutes 23 seconds West, a distance of 150.75 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 671.25 feet to a point at. the beginning of a curve to the left having a radius of 1277.50 feet;. Continuing with said curve an are length of 647.80 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 22 seconds West, a distance of 640.88 feet to:a point for comer, North 27 degrees 53 minutes 59 seconds West; a distance of 277.51 feet to' the POINT OYBEGINNING, and containing 2.701 acres of land, more or less. cA20081cocM80869 - jim eMsW dme easementldocs11008127 esmt11 westpark addn temp.doe EXHI1IT C1 90 12 NORTH. 200 0 200 Feet Bearing system based on the City of Denton GIS network. DELTA CHD SRO CHORD- 7 E' 55" So I ATCH LINE �ly 7 23'4 ' N04'5'06'E 205 - ( LINE TABLE LINE BEARING LENGPI L1 N00'0 '0 ' 106. ' L2 50..E " 50 L3 SO '3 ' 'W 136.34' L4 S713 '40" 56.07' L5 33'00' 161.7 ' L6 N ' 150775' 50' Temporary Construction Esrnt. 2.701 Acres in the James Perry Survey, Abst. No.. 1040 City of Denton Denton County, Texas —201D— rthur SurveyingCo., Inc. Yrofessioaal Land Surveyors 972_221-94.Y9 -- Fax 97Tr221-4675 - 220Mm S� Suite 200 P.0..Ba c 54 Lewisville, Texas 75067 EXHIBIT C1 10 OF 12 rthur Surveying Co. Inc. I -ofessional Land Suz-veyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 ; - Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT 1.633 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land- situated in the James Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part af. Lot .2, Block A, Westpark Addition, :Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat ,thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County,. Texas, and being more particularly described as follows: COMMENCING at the northwest comer of Lot 1 of said Block A and being in the south line of said Lot 2;. THENCE South 71 degrees' 38 minutes 40. seconds West, over; through and across said Lot 2, a distance of 532.30 feet to a point at the northeast .corner of a Drainage Easement to' the.: City. of Denton recorded under Instrument Number 2008-32334 of the Real Property Records. of Denton County, Texas; THENCE South 75 degrees 34 minutes 52 seconds West,' continuing across said Lot 2 and with the northerly line of said Drainage Easement, a distance of 98.24 feet to a point :in the easterly line of Western Boulevard, a public roadway; THENCE North 08 - degrees 33 minutes 00 seoonds East, with theeast east line of said Western Boulevard, a distance of 70.95 feet to the POINTW BEGINNING; THENCE North 08 degrees 33 minutes 00 seconds East, with the easterly line of said Western Boulevard, a distance of 56.07 feet to a point for corner; :1 THENCE over, through and across said Lot 2 the following seven (7) calls: North 71 degrees 38 minutes 40 seconds. East, a distance of 593.44 feet to a point for comer; South 88 degrees 50 minutes 24 seconds ° East, a distance of 685.66 feet to a point for corner; South 01 degree 06 minutes 45 seconds West, a distance .of 189.57 feet to a point 'for comer; North 88 degrees 53 minutes 15 seconds West, a distance of. 50.00 feet to a point for comer, 020081cod1280869 - jim ckistal dme easementldoes11008127 esmt9 westpark adds temp.doc •I Eli OF 12� rthur. Sur,veying Co. I nc. .1rofeSSXOnal Land Sa_zve7ors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 22.1-9439 : -- Fax: (972) 221-4675 North 01 degree 06 minutes 45 seconds East,.a.distance..of.139.01 feet to a.point for comer; North 88 degrees 50 minutes 24 seconds West, a distance of 627.10 feet to a point for comer; South 71 degrees 38 minutes 40 seconds West, a distance of 6.10.22 feet.tfl the POIlVT OF BEGMING, and containing 1.633 acres of land, more or less. c:120081cod1280869 - jim cMstaI dme easementldocs11008127 esmt9 westpark adds temp.doc EXH OF 12 CIJ LC 2 I L� m 4 ` . 1�`E•_ CD r CD fn CO 9T. I os mM f. f lb CO oo to :25 .�„ o 42 h 2c �D Ip N oIN + O. 41 li"" c�U I Q d`n .q c� old NA +� W co N 1, � w00 ,o t .s4 E ~ aS U Va �,1 J M 1 1 � ,uui o � .� v, ur �rn w i" L0 Amc OD o7 y CL jI V7 `� N U ilr- z _04 ' `'� C4i ,9L'LLS M,OZ,£k10S_ 1 1 3 E uli w° a �i> _ B68aZ-L OZ 'oN' aoQ '}uaulaso d 13 4;PJM &IT) +oh . o � - 3 #JIl;l1" alp}aa tii b n . v �1 NI t0 bZdro�dy oauog AJ w „�� c`o�}wwaso3 poouuoy ¢ o12I e o n 4. o b t� Oil o. • v, �;; � . �'' 01. � �' Au ^moo _c° i �y O o NCYSILSIU_�— '�.45 r4 ;3 rn r-J�W3Ww�����a 3 mZ�Ln`oNa� ro : r I Fa-anW)ico m 133 Do o n� Z Z Z Z y Z Z P9%, O ladILU lb z .- N m if) �0 ggjj S Exhibit "D" To Contract EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in the Thomas Toby Abstract, Survey 1285, the John Bacon Survey, Abstract 1541, and the John Scott Survey, Abstract 1222, and being more particularly described and illustrated in Exhibit "A" which is attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"). And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights granted herein are for the purpose of erecting, operating, maintaining and servicing thereon (i) one or more underground and/or above ground electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components; (ii) one or more gas pipelines, along with all necessary or desirable appurtenances, attachments, and supporting structures, including without limitation, surface mounted equipment, conduits, cathodic protection equipment and aerial markers; and (iii) one or more thermal energy commodities pipelines, consisting of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable appurtenances and supporting structures (the matters described in paragraphs (i) through (iii), above are collectively referred to herein as the ("Facilities"), said Facilities to be located in, on over, under, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. Exhibit "D" to Contract Page 1 of 3 Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities ("Grantor Facilities") necessary or desired for the conduct of Grantor's development of the Grantor's adjoining property so long as Grantor's use of such groundspace does not unreasonably interfere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the Facilities, then such Grantor Facilities shall require the written approval of the City Engineer, such approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantor Facilities using industry standard materials and methods; provided, however, in remedying any Grantor Installation Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantor Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then -current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth hereinbelow. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. Grantee, at its sole cost and expense, shall perform or cause to be performed all work necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be performed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantor shall have no obligation, monetary or non -monetary, to maintain the Easement Property. Exhibit "D" to Contract Page 2 of 3 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. This easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns and the benefit of Grantor, its successors and assigns. Witness my hand to be effective this day of Rayzor Investments, Ltd., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner M Philip A. Baker, Vice President ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § 2011. This instrument was acknowledged before me on this the day of , 2011, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public - State of Texas My commission expires: Accepted this day of (Resolution No. 91-073). By: After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson 2011 for the City of Denton, Texas Paul Williamson Manager, Real Estate and Capital Support Exhibit "D" to Contract Page 3 of 3 EXHIBIT A 1 OF 18 rilur Surveying.a CoInc*' Professional Zand SLU eyrors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 . 0.451 ACRES CITY OF DENTOX, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the Thomas Toby Survey, Abstract.. Number 1285, ;City of Denton, Denton County, :Texas, and being a' part of that certain tract of land deeded to Rayzor Investments, LTD. and; described as Section 1, Tract 8, recorded in 'volume 1796, Page 60.1 of the Deed RRecords of Denton County, Texas, and being more particularly described as follows: BEGINNING at a % inch iron rod found at the southeast comer of that certain tract of land described in deed to Dorothy Nell Cook, recorded in Volume 982, Page 29 of the Deed Records of Denton County, Texas, said point being in theinorth line of Airport Road, also known as F.M. 1515, being a public roadway; THENCE North 00 degrees 01 minute 58 seconds East, with the east line .of said Cook tract, a distance of 30.00 feet to a point for corner; THENCE South 89 degrees 42 minutes 27 seconds East, Ever, across and through said Rayzor tract, a distance of 654.67 feet to a point in the *est line of that certain tract of land described. in deed to the City of Denton, recorded in Volume,516, Page 648 of the Deed Records of Denton County, Texas; THENCE South 00 degrees. 08 minutes 14 seconds East, with the west line of said City of Denton tract, a distance of 30.00' feet to a point at the southwest corner of said City of Denton tract and being in the north line of said Airport Road; THENCE North 89 degrees 42 minutes 27 seconds West, with the north line of said Airport Road, a distance of 654.76 feet to the POINT OE BEGINNING, and containing 0.451 acres of land, more or less. lh! if; �EY. IE c:120081wd1280869 - jim christd dme easement\,docs1I008127 csmt2;rayzor.doc EXHIBIT A 2 OF 18 (P K)to�� J' z Q � W W W W � mZ���� v °! I �"> Ix PP Z Li 9,0 Z 2 w 2 V) _ — Z1 ' z�NM'ah' •i I J J J J J I I I ' I i I L J L J" n co • .� I to Lo go Lu 3t 0 �pp VJ N ^. •) � N od l W ~ Z II iw41 W I I I 0 ' c ssa 3„89,i0.00N I' IT w O � O O �fo I o � �pP� o m I w F IZ Qi +� o 0 ` O � o H EXHIBIT A 3OF18 rt ur Surge in Co., Inc: Y g B'rofes, Pn Laud lumevars P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 1.720 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tractor parcel of land situated in the Thomas Toby Survey, Abstract Number 1285 and the John Bacon Survey, Abstract Number 1541, in the. City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor. . Investments, LTD., recorded in Volume 1796, Page 601 of the Deed Records of Denton. County, Texas, and being more particularly described as follows: 'BEGINNING at a point in the east line of that certain tract of land, described in deed to the: City: of Denton, recorded in Volume 516, Page 648 of the Deed Records of Denton County, . Texas, from which a V2 inch iron rod found at the southeast comer thereof bears South 00 degrees 08 minutes 14 seconds East, a distance of 16.00 feet and being in the north line of Airport Road also known as F.M. 1515' a public roadway; THENCE North 00 degrees 08 minutes 14 seconds West, with: the east line of. said City of Denton tract, a distance of 30.00 feet to a point f6r corner; THENCE over, across and through said Rayzor Investments tract the following nine(9) calls:. South 89 degrees 42 minutes 47 seconds East, a distance of '78.97 feetto a point for corner; North 23 degrees 43 minutes 52 seconds East, a distance of 48.90 feet to a point for comer; North 00 degrees 17 minutes 36 seconds East, a distance of 10.70 feet to a point at the beginning of a curve to the right having a radius of 1309.50 feet; Continuing with said curve an arc length of 238.39 feet, having a delta angle of .10 degrees 25 minutes 49 seconds, whose: chord bears North 05 degrees 30 minutes 30 seconds East, a distance of 238.06 feet to a point for comer; North 10 degrees 43 minutes 25 seconds East, a distance of 333.66 feet to a point at the be of a curve to the left having a radius of 1090.50 feet; Continuing with said curve an arc length of 182.46 feet, having: a delta angle of 09 degrees 35 .minutes 12 seconds, whose chord bears North 05 degrees 55 minutes 49 seconds East, a distance of 182.25 feet to a point for comer; North 01 degree 08 minutes 13 seconds East, a distance of 33.62 feet to a point for corner; c:120081cod1280869 - jim cWstal dme easementldocs11008127 =6 raptor-revised.doc EXHIBIT rthur Surv* e in nc. Y g Co',1 Professiorzal sand Surveyors P.O; Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 --- Fax: (972) 221-4675 North 00 degrees 07 minutes 02 seconds East, a distance of 1541.14 feet to a point for corner; North 75 degrees 33 minutes 35 seconds East, a distance of 31.00 feet to a point in the west line of Lot 2, Block A, Westpar� Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance: plat thereof recorded in Cabinet Y,'Page 169 of the Plat Records; of Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2 and, then continuing with the westerly line of Western Boulevard, a public roadway, a distance of 1549.47 feet to a point for corner; THENCE South 01 degree 08 minutes 13 seconds West, continuing with the west. line of said Western Boulevard,. a distance of 33.62feet to!a point at the beglrining of a curve to the right having a radius of 1120.50 feet; THENCE continuing with said curve an are length of 187.48 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whose chord bears South 05 degrees 55 minutes 49 seconds West, a distance of 187.26 feet to a point for corner; THENCE South 10 degrees 43 minutes 25 seconds West, continuing with the westline of said Western Boulevard, a distance of 333.66 feet to a point at the beginning of a curve to the left. . having a radius of 1279.50 feet; THENCE continuing with said curve an are length of 232.93 feet, having a delta angle of 10 degrees 25 minutes 49 seconds, whose chord bears South 05 degrees 30 minutes 30 seconds West, -a distance of 232.60 feet to'a point for corner; THENCE South 00 degrees 17 minutes 36 seconds West, continuing with the west line of said. Western Boulevard, a distance of 16.92 feet to a point for corner; THENCE South 23 degrees 43 minutes 52 seconds West, continuing with the west.line of said Western Boulevard, a distance of 74.81 feet to a point in the west line of said Western Boulevard; THENCE North 89 degrees 42 minutes 47 seconds. West, over, across and through said Rayzor Investments tract, a distance of 98.44 feet to the POINT OF BEGINNING, and containing 1.720 acres of ]and_ runic nr less. �t cA20081cod1280869 . jim christal dme easementldocs11008127 esmt5 mycor revised.doe MI EXHIBIT A 5OF18 a V a NORTH s f 100 0 100 Feet W ro f �a GIS network. N >_ Q Bearing system based on the City of Denton x Raynor Investments; Ltd. a z L6L W Volume 1796, Page 601 La I--j D.R.D.C.T. a a 0 IOHN BACON SURVEY, ABST. NO. 1541 N + _ THOriAS TOB1' SURVEY, nSs1. 1d0. 1285 0 , C0V �Nt- Q� w 00 �o h o O �y o � ~ .aH z U ti A r o oo� z j J o. �NriRayzor Investments; Ltd. N N °� Volume 1796, Page 601 60' DRNG. ESMT. . D.R.D.C.T. ,$') a1-V � !� �� DOC. NO. 2008-323 1 rnN j IM 0 O� N, 5/e F Z co N$9'42'47'WJ (GM) MATCH LINE 1251.76' l.R.F. J0 30' . 1.720 Acres in the John Bacon Survey, Abst. No. 1541 Thomas Toby Survey, Abst. No. 1285 City, of Denton. Denton County, Texas — 2010 — rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 "- Pax 972-221-4675 220 EIm S&Wt suite 200 -- P.O. Sox 54 LewkvMal Texas 75067 MATCH LINE w, 1 1 Ico pFO� t 0 q °' W. o)o CID.� o� rj Nnl I _� ate- jj _ 00 Cq aC, Z II 60 — - MF. —T (Gm-(V.722IVUTfL BSES50)MT.. �E ' 10?V.911 894.YT. AIRPORT ROIL AD F. M. 1515 LINE TABLE LINE BEARING LENGTH L1 NOD'OB'14'W 30.00' L2 S89 4247"E 78.97' 1-3 N23'43'52"E 48.90' L4 S00'17'36"W 10 70' L5 N01'08'13" 33.62' L6 N75'3335"E 3.00' L7 SO1'08'13'W 33.62' L6 S0017'36"W 16.92' . L9 S23'43'52"W 74,81' 1.10 N89'42'47"W 98.44' 1-11 S00!Q8'1 "E 16.00' �• . ` '1i `G' �;SS� C r -f ( _EY�EIi�a 3 , 0/2S/2010 341,25 PN WIT EXXHIIBIT A r h r SUre in Co. Inc. iuy g , py-ofessiogna.Y 7.eyors P.O. Box 54 -- Lewisville, Texas 75067 Office: (972) 221-9439 . --- Fax: (972) 221-4675 2.667 4CRES CITY OF'DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number .1222 and the John Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, Ltd., Section 1, Tract 7, recorded iit Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of that certain tract of land described in deed to Ed Wolski, Trustee and Virginia Fryman, recorded; in Volume 2895, Page 470 of the Deed Records of Denton County, Texas, from which the northeast comer thereof bears North 00 degrees 15 . minutes 52 seconds East, a distance of 55.00 feet, being in and near the centerline of Jim Christal Road, a public roadway; THENCE over, through and across said Rayzor Investments tract the following :six (6) calls: North 89 degrees 43 minutes 31 seconds East, a distance of 394.57 feet to a point for corner South 04 degrees 31 minutes 20 !seconds East; a distance of 338.80 feet to a point for comer, North 85 degrees 28 minutes 40 seconds East, a distance of 311.18 feet to a point for comer; North 04 degrees. 31 minutes 20 seconds 'West, a distance of 131.33 feet to a point for comer; North 40 degrees 28 minutes 40 seconds East, a distance of 216.29 feet to a point for comer; North 89 degrees 43 minutes 3 l seconds East, a distance of 595.05 feet to a point in the west line of Western Boulevard, a public; roadway, THENCE with the west line of said Western Boulevard the following nine (9) calls: South 40 degrees 33 minutes 19 seconds East, a distance of 2.54 feet to a; point for corner; South 01 degree 09 minutes 14 seconds West, a distance of 337.07 feet to a point for comer; c:\2008\cod\280869 - jim cMstal dme easementldocs\1008127 esmt7 rapor.doc EXHIBIT A i7OFIS rthur SurveyingCo., Inc. Professiona.Jt .L,arzd Surveyors. P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 04 degrees 33 minutes 24 seconds East, a distance of 201.00 feet to a point for comer; South 01 degree 09 minutes 14 second: West, a distance of 80.14 feet to a point at the beginning of curve to the left having a radius of 1267.50 feet; Continuing with said curve an arc length of 642.73feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 635.86 feet to a point for comer; South 27 degrees 53 minutes 57 seconds East, a distance of 393.57 feet to a point for corner; South 22 degrees 11 minutes 21 seconds East, a distance of 50.25 feet to a po. int for comer; South 27 degrees 53 minutes 59 seconds East, a distance of 159.75 feet to a point. at the beginning of curve to the right having a radius of 1127.50 feet; Continuing with said curve an are length of 4.42 feet, having a delta angle of 00 degrees 13 minutes 29 seconds, whose chord begs South 27 degrees 47. minutes 16 seconds East, a distance of 4.42 feet to a point in the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 1.69 of the Plat Records of Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said..Lot 2, a distance of 67.86 feet to a point at the beginning'of a non -tangent curve to the left having: a radius of'1097.50 feet; THENCE over, through and across said Rayzor Investments tract the following fourteen (14) calls: Continuing with said curve an are length; of 64.37 feet, having a delta angle of 03 degrees 21 minutes 37 seconds, whose chord bears North 26 degrees 13 minutes 12 seconds West, a distance of 64.36 feet to a point for corner; North 27 degrees 53 minutes 59 seconds West, a distance of 161.24 feet to a point for comer; North 22 degrees 11 minutes 21 seconds West, a distance of 50.25 feet to a point for comer; c:120081cod1280869 - jim christal dme easemcnfldocs11008127 esmt7 rayzor.doc i 1EXHIBIT A 8OF18 rthur Surveying Co., Inc. B'rofessional Land Sazzveyors P.O. Box 54 --- Lewisville, Texas 75067 Office: -(972) 221-9439 , --- Fax: (972) 221-4675. North 27 degrees 53 minutes 59 seconds West, a distance of 392.07 feet to a point at the beginning of a curve to the right having a radius of 1297.50 feet; Continuing with said curve an are length of 657.94 feet, having a delta angle of 29 degrees 03. minutes 14 .seconds, whose chord bears North 13 degrees 22 minute's 23 seconds West, a distance of 650.91 feet to a point for comer;, North 01 degree 09 minutes 14 seconds East, a distance of 78.65 feet to a point for comer; North 04 degrees 33 minutes 24 seconds West, a distance of 201.00 feet to a point for comer; North 01 degree 09 minutes 14 seconds East, a distance of 309.75 feet to a point for comer; South-89 degrees 43 minutes 31 seconds West, a distance of 552.23 feet to a point for comer; South 40 degrees 28 minutes 40 seconds West, a distance of 190.12 feet to a point for comer; South 04 degrees 31 minutes 20 seconds East, a distance of 148.90 feet to a point for comer; South 85 degrees 28 minutes 40 seconds West, a distance of 371.18 feet to a point for corner; North 04 degrees 31 minutes 20'seconds West, a distance of 340.94 feet to a point for comer; South 89 degrees 43 minutes 31 seconds West, a distance of 367.00 feet to a point. in the east line of said Wolski tract; THENCE North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolski tract, a distance of 30.00 feet to the POINT OF BEGINNING, and containing 2.667 acres of land, more or less. c:120081cod1280869 -jim christal dme easemenAdocs11008127_esmt7 rayzor.d EXHIBIT A 9OF18 i NORTH 300 0 300 Feet Bearing system based on the City of Denton GIS network, 7obn D. Davis L 1 P 141 f (Vo 11 5, 9- ) N89 63"W 916.03' @ . y�, O, ✓J . JT M Ci.Clli�LSTAL ROAD .0 89 43'31 "I- _ 394.57' PROPOsm 2D—` D�—MBE EASEMENT — i _ _ --N89 43'31_E^ I.R.F. _ GM L3 A 595_05= �s M -' S89 43'31�"W o o mod, S89'43'31 "W 367.00 N 1106 552.23� 3 I �Q. In � •'tcn ��O"C � �Ml lr/tl M N85'28 ,L Eaglesidge Energy; LLC �311.18 - O �', a O ti y "Y I ILI - 2 I: z ' In4t No. 2010-70722 �.. Ir I 371.10' .No c N014 . r� �+ a - i . � do 1'= tfi I N .d N �[ Z IUJ E-1 W I -a 04 ,.; Section 1,IaCt 7 Rayzor Invest6ents, Ltd (Vol. 1796. Pe. 601) c.; � D' 1N3 &:- ? Ili LINE TABLE UNE BEARING LENGTH Lt 0' ' L2 O7 ' - ' 216 29' L3 ' 9" 54' L4 SOl'09' 4'W 8 ' L5 S ' L6 159. L7 S00'07'02'W 678 ' L8 N2 I'59' .L9 22 I W 5' LID '0 ' 8.6' L11 S 0128,40' 0.1 ' L12 S 14&90' L13 00 'S ' M 00, L14 NO 5 ' S5 00' Lis- 0'33' 9' DELTA CHD BRC CHD! C1 7.50' 4.42' 00 S2T 7' 6'E 4: C2 9 .50' 6- 6 3 'W 3 CURVE TABLE CURVE RADIUS LENGTH I . - I I 30' Easement 2.667 Acres in the John Scott Survey, Abst. No.. 1222 John Bacon Survey,' Abst.' No. 1541 City of Denton Denton County, Texas —2010— Nv IN N G��J wL�`YAV-081-0 y T. I. rfls �: I I <� C1. C2 rthur Surveying Co., Inc. Professional Land .swveyors 972-221 9439 — Fax 972-22T-4675 220.Elm Saes#, Sidte 200 P.O. Box. 54 Lewisville, Texas 75067 W R.y .drg N COT - - EXHIBIT A 10 OF 18 rthu y r Surve ing Co., J-nc. pwfessionalI,an.d Surveyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439' --- Fax: (972) 221-4675 0.024 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Bacon Survey, Abstract Ni ber 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded -in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more. particularly described as follows: COMMENCING at the northwest comer of Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, from which the northeast comer of said Rayzor Investments tract bears North 00 degrees 01 minute 06 seconds East, a distance of 29.97 feet, being in and near the, approximate centerline of Jim Christal Road, a public roadway; THENCE South 00 degrees 01 minute 06 seconds West, with the west. line of said Westpiik Addition, Phase 2, a distance of 45.00 feet to a point for corner; THENCE South 89 degrees 43°minutes 30 seconds West, over, through and across said Rayzor Investments tract, a distance of 188.56 feet to the POINT OF BEGI KING; THENCE South 00 degrees 16 minutes 30 seconds East, continuing over, through and across said Rayzor Investments tract, a distance of 30.0.0feet to a point for comer; THENCE South 89 degrees 43 minutes 30 seconds West,, continuing over, through and across said Rayzor. Investments tract,' a distance of 39.06 feet to a point in the east line of and. Boulevard, a public- roadway; THENCE North 01 degree 09 minutes 14* seconds East, with the east line of said Western Boulevard, a distance of 15.64 feet to a point for, comer thereof, THENCE North 45 degrees 19 minutes 51 sehands East, continuing with the east lime of said . Western Boulevard, a distance of 20.53 feet to appoint for corner; THENCE North 89 degrees 43 minutes 30 seconds East, over, through and across said Rayzor, Investments tract, a distance of 24.00 feet to the POINT OF BEGINN .NG, and containing 0.024 acres of land, more or less. k1 c:120081cod1280869 -jim ch;istal dmeeasementldocs11008127 eszat8 rayzor.doc LINE TABLE LINE BEARING LENGTH L1 N00'0 '06"E 29.97' L2 SO012'00"W 1 23. 5' 50 . ee Bearing system based on the City of Denton GIS network Dianne Davis Atkinson, Jack D. Atkinson,. . Wallace T. Davis, Jr. and Mary V. Davis �a.F (Vol. 612, Pg. 430) N89 2' ni � .. • f56:90.' JIM CHRISTAL ROAD =, 5/8-I.R.F. BEARS N8923'31"E D.W N8943'30"E �p. 0. 6. . 8.0 S.R24.00' �3'31"E '" N45'1951 E oEDICA70N I.P. 5 35 D� TR rz-Q. F� �Y.PG. PROPOSED 20 b.M.E. EASEMENT 169). O QQ LtJ — -- — — ——S89'43'30''W 188.56' VIP -zz::1S00-16'30"E `b�4 o�' 1 o in _ _ 30. 00' �co 'til0 z SB 3'30"W EASEMENT^ 39.06 0.024 ACRES `fib co Section 1, Tract 7 Rayzor Investments, LTD. i (Vo1.1796, Pg. 601) Easement_ 0.024 Acres in the J. Bacon Survey, Abst. No. 1541 City of Denton - Denton County, Texas -2010- rid 5ur'I rthur Surveying 0- Ink. I Professional Land Surveyors 972 221-9439 — Pax 972-221-4675 220 Elm Stnee4 Suite 200 — P.O. Bax 54 Lewisville. Texas 75067 ., 0:\2001\000\210161 - .Wm GTA.1d WE Ea—n1\4.,\1001127a"11 RayW.dr, 10/25/20f0 3:41:35; PM CDT t EXHIBIT A ;12 OF 18 nc. rthur Surveying Co.,', profession.01C ?nd SzarveyTors P.O. Box 54 Levrtisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 0.343ACRES CITY OF DENTON, DFNTON COUNTY, TEXAS BEING aIl that certain lot, tract or parcel of :land situated in the John Scott Survey, Abstract Number 1222 and: the John Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor . Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records Of Denton County, Texas, and being more partioularly described as follows: BEGINNING at a point in the east line of Western Boulevard, a public roadway, said point also being in the east line of said Rayzor Investments tract and the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas and from which the southwest corner of said Lot 2 bears South 00 degrees 07 minutes 02 seconds West, a distance of 4756.01 feet; THENCE with the east line of said Western Boulevard the following five (5) calls: North 27 degrees 53 minutes 56 seconds West, a distance of 293.12 feet to a point at the beginning of a curve to the right having!a radius of.1132.50 feet; Continuing with said curve an are length of 574.27 feet, having a delta angle 'of 29 degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23 seconds West, a distance of 568.14 feet to a point for corner; North 01 degree 09. minutes 14 seconds East, a distance of 125.15 feet to a point.for comer; North 06 degrees 51 minutes 52 seconds East, a distance of 201.00 feet to a point for comer; North 01 degree 09 minutes 14 seconds East, a distance of 313.98 feet to a .point for comer; THENCE over, through and across said Rayzor'Investments tract the following six (6) calls: North 89 degrees 43 minutes 30 seconds East, a distance of 10.00 feet to a point for comer; South 01 degree 09 minutes 14 seconds West, a distance of 314.73 feet to a point for comer; c:120081cod1280869 -jim ekuistai dme easementldocs11008127 esmilOrayzor.doe . j , EXHIBIT A 13 OF 18 rthur SuriveyingCo.', Inca Professional Land Surveyors P.O: Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 ^- Fax: (972) 221-4675 i South 06 degrees 51 minutes 52 seconds West, a distance of 201:00 feet to a point for corner; South 01 degree 09 minutes 14 seconds West, a distance of 124.65 feet to a point at the beginning of a curve to the left having a radius of 1122.50 feet; Continuing with said curve an: are length of 569.20 feat, having a delta angle of 29 degrees 03 minutes 14'seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 563.12 feet to a point for corner; South 27 degrees 53 minutes 56 seconds East, a distance of 274.33 feet to a point in the west line of said lot 2; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a distance of 21.29 feet to the POINT OF BEGINNING, and containing 0.343 acres of land, more or less. cA20081cN\280869 - jim christal dme eascmentldocs11008127 esmtl0 raycondoc 200 0 200 Beoring system bosed on the My of Denton GIS network LINE TABLE . LINE BEARING LENGTH Lt NO '09'14"E 25.15' L2 89 43'30"E 10.00' L3 sorog'l 4"w 124.65' L4 SOO'07'02"W 21.29' EXHIBIT A 14 OF 18 JIM CHRISTA ROAD LR.F L2 (r-M.) N)225,3'p 2s3 68, w • �- UJI I .� p I e} j„•� I O Luc p r r 'La L . �r -.5 N O Cv Ew+ us fu w 3 Si Z" I fn J Section 1, Tract 7 ' f• ? iu f.1 � fl. Cn Rayzor Investments, Ltd. (VoL 1796, Pg. 601) LA CD LD -1,•! N 10' Easernen t - - - -- - - - 0.343 Acres in the John Scott Survey, Abst. No. 1222 John Bacon Survey, Abst. No. 1541 City of Denton Denton County, Texas — 2010 — rthur Surveying Co., Inc. Professional Land Surveyors 972 221-9439 -- Fax 972 222-4675 220 BIm Street Suite 200 — P.O. Boa S4 Lewisville, Texas 75067 `a a o^ S$9'42'27"E rAr 482. 98' (GM.) 0— — — —j --A— — — C \R[I(r!\COD�1Et1p6Y — ,Am Ch�ldd eME Eaum.nl\dMq\70pe1R7.t�ntt(I R"p"r e"p le/25/Y010 k1124 PM COT nf, 0.302 ACRES CITY OF DENTON, DEiTON COUNTY, TEXAS . BEING all that certain lot; tract or parcel of land situated in the John Scott Survdy, Abstract Nuthber 12 2, in the City ofDenton, Denton County, Texas, and bung a pat of that certain tract of land described in deed to Raynor Investments, LTD., recorded in Volume 1796,.Page 601 of the. Deed Records of Denton County, Texas, and also being a part of that certain tract of laud described in deed to Eagleridge Energy,. LLC, recorded under.Instrnment Number 2010-70722 of ;the Real Property Records of Denton County; -Texas, and being more particularly described as follows: C011MENCING from a'/ inch iron rod found in a -comer clip in the west line of Western Boulevard, a public roadway; THENCE South 40 degrees 33 minutes l9;seconds'East, with the west line'of said Westem Boulevard, a distance of 36.38 feet to the POINT OF BEGINNING; THENCE South 40 degrees 33 minutes 19 second§ East, continuing with.the west line of said Western Boulevard, a distance of 13.11 feet to a point for corner; THENCE South 89 degrees 43 minutes 31 seconds; West, over, through. and across said .Raynor tract and continuing over, through and across said Eagleridgd, Energy tract, a distance of 784.22 feet to a point for corner; THENCE South b0 degrees 16 minutes 29 'seconds East, continuing through said Eagleridge E46rgy tract, a distance of 10.00 feet to a point for comer; THENCE South 89 degrees 43 minutes 31 seconds West, continuing through said Eagleridge Energy tract, a distance of 267.75 feet to a point for corner in the wrest line of said Eagleridge Energy tract; THENCE North 04 degrees 31 minutes 20 second$ West, with the west line of said Eagleridge Energy tract, a distance of 20.06 feet to a point for comer,1 from which the northwest comer of said: Eagleridge Energy tract bears North 04 degrees 31 minutes 20 seconds West at a distance of 23.3 8 feet; THENCE North. 89 degrees 43 minutes 31 seconds East, over, through and across said Eagleridge Energy tract and continuing over, through and across said Rayzor tract, a distance of 1044.98 feet to the POINT . OF BEGINNING, and containing 0.302 acres of land, more or less. c:120681cod1280869 - jim chrisW dme easementldoes11008127 esi$t13 rayzor.doc EXHIBIT A 16 OF 18 NORTi-! 200 0 200 Feet John D. Davis I 9eoKng system based on the City of Denton GfS network (Vol. 1115, Pg. 141) 1 r C JIM CrHRISTAL ROAD (C.,u) S8943'31 "W 2336.65' L5 RR SPIKE FND L6 — N89'43'31 "E 1044.98' r.R.F 4' — r / S89'43�31'�W-784.22T L1 S89 43 31 W L3 L2 /—. — — — 267.75 PROPOSED 30' EAS6ME.N �„ , l & RIGHT -OF -WA Y 1 1 Pad #7r�[ D.M.E. EASEMENT I Eagleridge Energy, LLG 0.�02 ACRES I 7nst..N6. 2010-70722 ^ Uj . 3• S6ction 1, Tract 7 I Rayzgr Investments, Ltd. (Vol. 1796, P9.'601) Q . w f� i LINE TABLE LINE BEARING LENGTH' Ll S40 33'19"E 13.11' L2 S00'16'29"E 10.00' L3 N0431'20"W 20.06' L4 S40 33'19"E 36.38.' LS N10'19'28"E 27.72' L6 N04 31'20"W 23.38' 0.302 Acres' in the John Scott Survey, Abst. No. 1222 City of Denton Denton County, Texas —2010— I .` C • . . v. t.'K .►��Glla°.w L 1=�r3tlfii `:` .j shy S67 f ;� r F +• i; r.f7 . rthur Surve in Co., Inc. _ Yg. Professional Land Surveyors 972 221-9439 - Paz 972-221-4675 220 Ehn Street, srute 200 P.O Box 54 " Lewisville: Texas 75067 e:�taoe�aoe�asoew - Am ehrlital oAtE coe.m.nt�a,o��aoetrr� mots so�anra«y tz/zz/amo tmoaa ut CST EXHIBIT 18 r hur Surve in Co. I nctY � ProfessYomw r . eyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 0.009i ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number 1222, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor. Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, -and being more particularly described as follows: COAMENCING :at a point in the south lineof that certain tract of land described in deed to John D. Davis, recorded in Volume 1115, Page 141 of the Deed Records of Denton County, Texas, being in and near the approximate centerline of Jim Christal Road and in the west line of Western Boulevard, a public roadway and from which a PK Nail found at the southwest cornerof said Davis tract bears South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet; THENCE South 10 degrees 19 minutes 28 seconds West; with west line of said Westem. Boulevard, a distance of 27.72 feet to a % inch iron rod with -a yellow cap stamped "ARTHUR' SURVEYING COMPANY" found for comer; THENCE South 40 degrees 33 minutes 19 seconds East, continuing with the west line 'of'said Western Boulevard, a distance of 49.48 feet to the POINT OF BEGINNING; THENCE South 40 degrees 33 minutes 19 seconds East, with the west line of said Western Boulevard, a distance of 13.11 feet to a point for comer; THENCE over, through and across said Rayzor Investments tract the following three(3) calls: South 89 degrees 43 minutes 31 seconds West, a distance of 39.32 feet to a point for comer; North 40 degrees 33 minutes 19 seconds West, a distance of 13.11 feet to a point for comer; North 89 degrees 43 minutes 31 seconds East, a distance of 39.32 feet to the POINT OF BEGINNING, and containing 0.009 acres of land, more or less. c:120081cod1280869 - jim d uistal dme cmmenAdoes11008127_esmiM rayzondoc j 1 _.,�nnllillllllmm... EXHIBIT A 1Ror18 LINE BEARING LENGTH L1 S40'33'19'E 13. 1' L2 40'33'191W 13.11' 300 0 300 Feet Bearing system based on the City of •Denton GIS network John D,. Davis . ` k (Vol. 111 , Pg. 141) 5a'0 S89'43'31 "W 2336.65' PKo- ntaK t7va ) NN JIM CHRISTAL ROAD ,12-,.RF SIr°. 30' EASEMENT- (0 Jpp 0.009 ACRES 09 PROPOSED 20' D.M.E. EASEMENT 39.32� <2 ------------ S89'43'31"W � 39.32' (. PROPOSED 30' EASEMENT & RIGHT-OF-WAY , Q� 0 3 I Section 1, Tract 7 Rayzor Investments, Ltd. (Vol. 1796, Pg. 601) '- I " i I 30 E'asemen t - Acres in the rthUr SurveyingCo.0.009 Inc.. John Scott Survey, Abst. No. 1222 Professional Land surveyors City of Denton 972�221-9439 - Paz972-2,21-4675 Denton County, Texas 220Prlm sweet, suite 200 - P.O. Box54 - 2010 - Lewisville. Texas 75067 'c\2=\C00\WW69 — 4M dM.td CY[ E.wn.n!\a q\7666i2)_.wnn2 R.y:vArq 11,ABA D q:W:Wr AW CST i Exhibit "D-1" To Contract EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Westpark Group, L.P., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in the Thomas Toby Abstract, Survey 1285, and the James Perry Survey, Abstract 1040, and being more particularly described and illustrated in Exhibit "A" which is attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"). And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights granted herein are for the purpose of erecting, operating, maintaining and servicing thereon (i) one or more underground and/or above ground electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components; (ii) one or more gas pipelines, along with all necessary or desirable appurtenances, attachments, and supporting structures, including without limitation, surface mounted equipment, conduits, cathodic protection equipment and aerial markers; and (iii) one or more thermal energy commodities pipelines, consisting of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable appurtenances and supporting structures (the matters described in paragraphs (i) through (iii), above are collectively referred to herein as the ("Facilities"), said Facilities to be located in, on over, under, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. Exhibit " W" to Contract Page 7 of 3 Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities ("Grantor Facilities") necessary or desired for the conduct of Grantor's development of the Grantor's adjoining property so long as Grantor's use of such groundspace does not unreasonably interfere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the Facilities, then such Grantor Facilities shall. require the written approval of the City Engineer, such approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantor Facilities using industry standard materials and methods; provided, however, in remedying any Grantor Installation Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantor Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then -current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth herein below. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. Grantee, at its sole cost and expense, shall perform or cause to be performed all work necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be performed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantor shall have no obligation, monetary or non -monetary, to maintain the Easement Property. Exhibit " W" to Contract Page 2 of 3 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. This easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns and the benefit of Grantor, its successors and assigns. Witness my hand to be effective this day of 2011. WESTPARK GROUP, L.P., a Texas limited partnership By: Westpark GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation, its sole member By: Philip A. Baker, Vice President THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , , 2011, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sole member of Westpark GenPar, LLC, a Texas limited liability company, general partner of WESTPARK GROUP L.P., a Texas limited partnership, on behalf of said corporation. Notary Public, State of Texas My commission expires: Accepted this day of 2011 for the City of Denton, Texas (Resolution No. 91-073). By: After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson Paul Williamson Manager, Real Estate and Capital Support Exhibit " W" to Contract Page 3 of 3 EXHIBIT A 1 OF 9 rth ur Surveying nc. Co.,, F!Vafessional xrveyors P.O. Box 54 -- Lewisville, Texas 75067 Office: (972) 221-9439. --- Fax: (972) 221-4675 0.025 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of laiid situated in the Thomas Toby Survey, Abstract Number 1285, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Westpgrk Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page i69 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with 'a` yellow cap stamped "ARTHUR SURVEYING COMPANY" set at the most southeast comer of Western Boulevard, a public roadway and being in the north line of Airport Road, also known as-F.M. 1515, a public roadway; THENCE North 44 degrees 42 minutes 24 seconds West, with the east line of . said Western Boulevard, a distance of 42.43 feet to a V2 inch iron rod with a yellow cap stamped "ARTMIR SURVEYING COMPANY" set; THENCE North 00 degrees 17 minutes 36 seconds Ease, continuing with the east line of said Western Boulevard, a distance of 21.00 feet to a point for corner; THENCE over, across and through said Lot 2 the following two (2) calls: South 89 degrees 42 minutes 24 seconds East, a distance of 30.00 feet to a point for ;,comer; South -00 degrees 17 minutes 36 seconds West, a distance of 51.00 feet to the POINT OF BEGINNING, and containing 0.025 acres ofland, more or less. .r T�..,.1� ` ` vp qUR c:120081eod1280869 - jim christal dme easementldocs%1008127 esmt4 westpark addn.doc . A111 EXHIBIT A 2OF9 30 NO-0 TH 30 Feet Searing system based on the City of Denton GIS network. Lot 2, Block A Westpark Addition, Phase 2 Cabinet Y; Page 169 RR.D.C.T. I16' UTILITY ESMi — (V.1221/P,050) /n N (GM.) lb EASEMENT MM S89'42'24"E I 0X25 . ACRES 1.0 30.- .9TtP1. PL:.694 T. . O PROPOSED I O O ^ M O CONSTR QTION o EASEMENT I p cV f1.5 c DRAINAGE ESMT. p 1121.R.F CO. INST. NO. 2008-32337I • ZI sz�, mac'-♦ � 16- UTILITY ESML — (V.1221/P.650)'3 ?ST� 14 . '— (am) N894227"W 293.0T AIRPORT ROAD N F. M. 151 QF Easement -- 0.025 Acres in the Thomas Toby Survey, Abst. No. 1285 City of Denton Denton County, Texas — 2010 — rthur Survu Professional Land Surveyors 972 223-9439 -- Paz 972 221-4675 220 Elm Street, Suite 200 — P.O. Sox 54 Lewisville, Texas 75067 1.415: ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING'all that certain lot, tract or parcel Of';land situated in the James. Perry Survey, City of - 'Denton, Denton County, Texas; and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition. to the City of Denton, Denton County, Texas, according. to"the 'conveyance plat . thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas; and being more particularly described as follows: BEGINNING at a point in the westesterly line of Western Boulevard, a public roadway, said point being in'the east line of that certain tract of land described in deed to Rayzor investments,' . LTD., recorded in Volume 1196, Page 601 of the Deed Records of Denton County, Texas,. and 'being in. the west line of said Lot 2 from which a % inch .iron rod found at the northwest corner, thereof bears North 00 degrees 07 minutes 02 seconds East, a distance: of 1816.73 feet, and being the beginning of -a curve to the right having a radius of 1127.50 feet; THENCE the with the westerly line of said Western Boulevard the following eleven (11) calls; Continuing with said curve an arc length of 174.34 feet, having a delta angle of 08. degrees 51 minutes 34 seconds, whose chord bears South 23 degrees 14.minutes 45 seconds East, a distance of 174.17 feet to a point for corner; South 23 degrees 41 minutes 00 seconds East, a distance of 47.34 feet to a point at`the beginning of a non -tangent curve to the, right having a radius of 1132.50 feet; Continuing with said curve an are length of 241.08 feet, having a delta angle of 12 degrees 11 minutes 49 seconds, whose chord bears South 10 degrees 19 minutes 49 , seconds East, a distance of 240.63 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 288.12 feet to a point for. corner; South 04 degrees 33 minutes 23 seconds East, a distance of 50.25 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 450.00 feet to a point for corner; South 06 degrees 51 minutes 53 seconds West, a distance of 150.75 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a distance of 177.93 feet to a point at the c:120081cod1280869 - jim duistal dme easementldoes11008129 esmt6 wwpark addn.doc EXHIBIT A 40F9 rein Co. -Inc. rthur Su v y g g'rofessionW Land Surveyors P.O. Box 54 ti Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 beginning of a curve to the right having a radius of 1417.50 feet; of 07 Continuing with said' curve an are Length of 182:98 feet, having a delta angle degrees 23 minutes 45 seconds, whose chord bears South' 04 degrees SI minutes 08 seconds West, a distance of 182.85 feet to a point for corner; South 08 degrees 33 minutes 00 seconds West, a distance of 313.12 feet to a point for corner; South 75 degrees 33 minutes 35 seconds West, a distance of 41.95 feet to a point in the east line of said Rayzor Investments ttact; THENCE North 00 degrees 07 minutes 02 seconds East, with the east line of said Rayzor Investments tract, a distance of 31.00 feet to a point for corner; THENCE the with the westerly line of said Western Boulevard the following eleven (11) calls: North 75 degrees 33 minutes 35 seconds East, a distance of 14.30 feet to.a point for corner; North 08: degrees 33 minutes. 00 seconds East, a distance of 293.26 feet to a point at the beginning of a curve to the left having a radius of 1387.50 feet; Continuing with said curve an are length of 179.10 feet, having a delta angle of 07 degrees 23 minutes 45 seconds, whose chord bears North 04 degrees 51 minutes 08 seconds East, a distance of 178.98 feet to a point for corner; North 01 degree 09 minutes 15 seconds East, a distance of 179.42 feet to a point for. comer; North 06 degrees 51 'minutes 53 seconds East, a distance of 150.75 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 447.01 feet to a point. for corner; North 04 degrees 33 minutes 23 seconds West, a distance of 50.25 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 288.12 feet to a point at the beginning of a non -tangent curve to the left having a radius of 1102.50 feet; Continuing with said curve an arc length of 231.41 feet, having a delta angle .of 12: wcstpatk addn.doc ca20081codM0869 - jim christal dme ==catldors11008127 esmt6 EXHIBITS A rthur Surveyingncl Co,a .7rofesslbz�ay Zatid Surveyors P.O. Box 54 Lewisville; Texas 75067 Office: (972) 221-94$9 - Fax: (972) 221-4675 degrees 01 minute 33 seconds, whose chord bears North 10 . degrees •19 minutes 03 seconds West, a distance of 230.98 feet to a point for corner; North 23 degrees 41 minutes 00 seconds West, a distance of 46.71 feet to a point at.the beginning of a non -tangent curve to the left having a radius of 1097.50 feet; Continuing with said curve an are length of 110.90 feet, having a .delta angle of 05 degrees 47 minutes 23 seconds, whose chord bears North 21 degrees 38 minutes 41 seconds West, a distance of 110.86 feet to a point in the east line of said Rayzor Investments tract; TRENCE North 00 degrees 07 minutes 01 seconds East, with the east line of said. Rayzor. Investments tract, a distance of 67.86 feet to the POINT OF BEGINNING, and containing 141-5. acres of land, more or less. �Cr ✓• C'r�1�' , I?XHIBIT A 6OF9 \ I(CM) rV ay ON NORTH 200 0 200 feet o Q b P" Searing system boxed on the City of Denton GIS network OC O " r� I z . ��r°. ni U LINE TABLE LINE BEARING, LENGTH . L1 ' 00" 1-2 504 30.25' LD S 51'53-W 50.75' L4 S 8 5'W 77.93' 1.5 jZa2XL5LW 1 5' LB' 0 00' L7 75'33 4.30' LB 09'15'E 8. ' L9 L10 0 'W 50.2 ' L11 3' D' 46• ' L12 NO. 0 '02' 6 6' ' CURVE TABLE CURVE RADIUS LENGTH DELTA CHD BRG CHCRD CI .5 . . 3 4g• . 7' . C2 0' .4 " 0. 3' C3 1 82. ` 3' 5" SO45 '08'W 182.85' C4 0- 07 3' '08'E 8.98' C5 102 0' •01'3 ' 0�9'03'W ' 0.98' CB 0' 90' 0 3" '3 1' 6' I � � 0 N_ \ 1 C) ` 1 i di I 1 aoLU ql d Iy �o" U C14 1 to .tO. �i yo,.q r-p a� I O1 C73 . d A I O 00� O O I Z"; ;IpN I TEMPORARY ACCESS. 12 OF CONSTRUCTION & as '9 04 I �,.• •' "r ��-' GRADING EASEMENT I cS 8 J 1 �►`.,���5 .Y,=. ,-�f� OC. NO. 2008-32338 o v ........a —Y.lt{ W. ....Q uj,�`'�'� I DTI 1�O�I o I Ov- t 1Pdam- I MATCH LINE 301 Easement 1.415L Acres in the James Perry Survey, Abst. No. 1040 City of Denton \ Denton County, Texas - 2010 - MATCHUNE I I I I 1 1 1 tt , N r a Q M1 1 J.. 1 I ao I W pE' I I d-r in �U Ur IU � � I ~ 4 A O � P4;> I oar. �M1 O N 2Ir1�M 11 i o pa rn o N Lot 2, Block A {remainder) V I Westpark Addiiton, Ph. 2 Cabinet Y, Page 169 1 S89'42'27"E 1482.98' _ - -- ��-- (CM')AIRPORT ROAD N F. M. 1515 rthur Surveying Co., Inc. Professional Land Surveyors 972 221-9439 -- F-972-221-4675 220 Elm SDxat, Saito 200 - P.O. Box 54 Lewisville, Texas 75067 / EXHIBIT A TOF9 rthur SurveyingCo. Inc.,, Pr0fessi0nW Lad Suz-vi-eyoars P.O. Box 54 --- Lewisville, Texas 75067 -Office: (972) 221-9439: Fax: (972)-221-4675 0.526 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James. Perry Survey; Abstract Number. 1040, . City of Denton, Denton County, Texas, and being a part of .Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows: " BEGINNING at a point in the west line of said Lot 2, and the east line of that cetain tract of land described in deed to Rayzor Investments Ltd., recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, said point also being in the east line of Western Boulevard, a public roadway, and from which the southwest corner of said Lot 2 bears South 00 degrees :07 minutes 02 seconds West, a distance of 4756.01 feet; THENCE North 00 degrees 07 minutes 02 seconds East, with the west line of said Lot .2, a distance of 21.29 feet to a point for comer; THENCE over, through and across said Lot 2 the following eight (8) calls: South 27 degrees 53 minutes 59 seconds East, a distance of 277.51 feet to a point at the beginning of a curve to the right having a radius of 1277.50 feet; Continuing with said curve an are length of 647.80 feet,, having a. delta angle .cf.29 degrees 03 minutes 14 seconds, whose chord bears. South 13 degrees 22 minutes 22 seconds East, a distance of 640.88 feet to a point for comer; . South 01 degree 09 minutes 15 seconds West, a distance of 671.25 feet to a point foi comer; South 04 degrees 33 minutes 23 seconds East, a distance of 150.75 feet to a point for comer; South 01 degree 09 minutes 15 seconds West, a.distance of 188.42 feet to a point at the beginning of a curve to the right having a radius of 1592.50 feet; Continuing with said curve an are length of 205.56 feet, having a delta angle of 07 degrees 23 minutes 45 seconds, whose chord bears South 04 degrees 51 minutes 08 seconds West, a distance of 205.42 feet to a point for corner; South 08 degrees 33 minutes 00 second$ West, a distance of 161.71 feet to a point for corner; c:120081cod1280869 -jim ehrisW dme easemen$docs11008127 esmtll westpark adds doc EXHIBIT A $ OF 9 rthur SurveyingCO. Lnc. sA Rr0fessio-U-0 Zand Suz•veyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439, -•- Fax: (972) 221-4675 South 71 degrees 38 minutes 40 seconds West; a distance of 11:21 feet to'apoint in the east line of said Western Boulevard; THENCE with theeast line of said Western Boulevard the following seven (7) calls:. North 08 degrees 33 minutes 00 seconds East, a distance of 166.79 feet to a point at the beginning of a curve to the left having a radius of 1582.50 feet Continuing, with said curve an arc length of 204.27 feet, having a delta angle, of 07 degrees 23 minutes 45 seconds, whose chord bears North 04 degrees 51 minutes 08 seconds East, a distance of 204.13 feet to a point for corner, North 01 .degree 09 minutes 15 seconds East, a distance of 187.93 feet to a point for comer; North 04 degrees 33 minutes 23 seconds West, a distance of 150.75 feet to a point for corner, North 01 degree 09 minutes 15 seconds East, a distance of 671.74. feet to: a point at the beginning of a curve to the left having a radius of 1267.50 feet; Continuing with said curve an are length of 642.13 feet, having a delta angle of 29 • degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22. minutes 22 seconds West, a distance of 635.87 feet to a point for comer; North 27 degrees 53 minutes 59 seconds West, a distance of 258.72 feet to the POINT OF BEGMING, and containing 0.526 acres of Iand, more or less. s .r 1i[ . NORTH IINE 200 0 200 Feet L1 L2 Bearing system based on the City of Denton CIS network: L3 \ L4 LR.F.q LS \(G+ul l N ^ L6 tf1 \tea I a� (A.,ta L� 0 Ln COO W r LA1 o 1 � I � fI V (r1 ` iMATCH LINE I . I 10 ' Easement - 0.526 Acres in the James Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas -20i0- rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 — Fax 972-221-4675 220Elm Street Suite 200 — P.O. Boa 54 Lawkv}lle, Texas 75067 EXHIBIT A SOF9 S89'42' r.R.F. 231., (GM1 - -fir F Exhibit "D-2" To Contract EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Westpark Group, L.P., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in the the James Perry Survey, Abstract 1040, and being more particularly described and illustrated in Exhibit "A" which is attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"). And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights granted herein are for the purpose of erecting, operating, maintaining and servicing thereon (i) one or more underground and/or above ground electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components; (ii) one or more gas pipelines, along with all necessary or desirable appurtenances, attachments and supporting structures, including without limitation, surface mounted equipment, conduits, cathodic protection equipment and aerial markers; (iii) one or more potable and/or non -potable water, wastewater and/or sewer pipelines, along with all necessary or desirable appurtenances, attachments and supporting structures; and (iv) one or more thermal energy commodities pipelines, consisting of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable appurtenances and supporting structures (the matters described in paragraphs (i) through (iv), above, are collectively referred to herein as the ("Facilities"), said Facilities to be located in, on over, under, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. Exhibit " D2" to Contract Page 1 of 3 Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities ("Grantor Facilities") necessary or desired for the conduct of Grantor's development of the Grantor's adjoining property so long as Grantor's use of such groundspace does not unreasonably interfere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the Facilities, then such Grantor Facilities shall require the written approval of the City Engineer, such approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantor Facilities using industry standard materials and methods; provided, however, in remedying any Grantor Installation Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantor Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then -current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth herein below. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. Grantee, at its sole cost and expense, shall perform or cause to be performed all work necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be performed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantor shall have no obligation, monetary or non -monetary, to maintain the Easement Property. Exhibit'02" to Contract Page 2 of 3 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. This easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns and the benefit of Grantor, its successors and assigns. Witness my hand to be effective this day of 2011. WESTPARK GROUP, L.P., a Texas limited partnership By: Westpark GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation, its sole member By: Philip A. Baker, Vice President THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , , 2011, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sole member of Westpark GenPar, LLC, a Texas limited liability company, general partner of WESTPARK GROUP L.P., a Texas limited partnership, on behalf of said corporation. Notary Public, State of Texas My commission expires: Accepted this day of 2011 for the City of Denton, Texas (Resolution No. 91-073). M After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson Paul Williamson Manager, Real Estate and Capital Support Exhibit " D2" to Contract Page 3 of 3 rthur Surge in Co. I nc. Y g Piofessional.,and Surveyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 — 'Fax: (972) 221-4675 EXHIBIJ A t OF-3 2.102 ACRES CITY OF DENTON, DENT!ON COUNTY, TEXAS BEING all that certain. lot, tract or parcel of land, situated in the James Perry. Survey,. Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, . Westpark Addition,Phase 2, an addition to the City of Denton, Denton .County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton:: County, Texas, and being more particularly described as follows: BEGINNING at the northwest corner of Lot 1 of said Block A and being in, the south line of said Lot 2; i THENCE South 71 degrees 38 minutes 40 seconds West, over, through and across said Lot 2, a distance of'532.30 feet to a point at the northeast icorner of a Drainage Easement to the City of Denton recorded under Instrument Number 2008-32334 of the Real Property Records of Denton, County; Texas; THENCE South 75 degrees 34 minutes 52 seconcjs West, -continuing across said Lot 2 and with the northerly line of said Drainage Easement, a distance of 98.24 feet- to a point in the easterly line of Western Boulevard, a .public roadway; THENCE North 08 degrees 33 minutes 00 seconds East, with the easterly line of said Western Boulevard, a distance of 70.95 feet to a point for corner; THENCE over, through and across said Lot 2 the following five (5) calls: North 71 degrees 38 minutes 40 seconds East, a distance of 610.22. feet to a point for comer; South 88 degrees 50 minutes 24 seconds Last, a distance of 627..10 feet to a point for comer; South 01 degree 06 minutes 45 seconds Nest, a distance of 139.61 feet to a point for corner; North 88 degrees 53 minutes 15 seconds j West, a distance of 70.00 feet to a point for. corner; North 01 degree 06 minutes 45 seconds !East, a distance of 69.67 feet to a point for corner; c:\2008\cod\280869 - jim duistal dme easement\dots\1008127 esmt9tivestpark addn.doc EXHIBIT A 2OF3 rthur Surv� Yg eying Co., I nc. Professional X,aad Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 41 Fax: (972) 221-4675 THENCE North 88 degrees 50 minutes 24 seconds West, continuing across said Lot 2 and. then . . continuing with the north line of said 'Lot 1, `a distance of 545.09 feet to the POINT OF BEGINNING, and containing 2.102 acres of land, more or less. wi .• � !f� c:120081cod1280869 - jim christal dme easemenAdocs11008127_esmt0 westpark addn.doc i ■ EXHIBIT A 3OF3 4N e,- o I r^ad� 9Q, Ian - •e �' .. y ru Es I I J �nI . to m I a ISS LLS „ 9g,OZ. LOS b I� C/5cn �.. N 1.I 0 v ro Vai 0. c c0 N ,ol co .0 c5 coin o Co. N a �a m LU d'1 �? o 0it cn -� co ES N i=CN `f a-y _ OO 0: col O OW M ,9L'LLS MZ,.FL. ,OLOS ,92to '�BQZ �a $6BO9—L OZ ON •000 '4uawaeo3 FiIJ!},7 oppag 44PIM ajgDJJnA W U c IL I aL� L u , *ZL '�d '££l l 'IOA1 y y �� djo3 4}Joeuog �. y 1UawasD3 pDOJIID8 W IW O COto N � \ Y Sn �1 � C N a•`_A�" �Q I � ' L 7J fV Ln Wk. a I ^jai N�? T O W OR _ m N 0: y .! Oo ~ z. o� o Z • Z Q2yVA�?n O8 �.+ C9 N W mX Oi O O O 0 0 MIS O - 0; W w iZ W S O'N �y04.4 0U I t t o 1�,9 mzuNio'a� rpo U-�,: Do CQ cnzzz wzz 04 A m w D Iro ■ Exhibit "E" to Contract NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Rayzor Investments, LTD., a Texas limited partnership, (the "Grantor"), of Denton County, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, a Texas home rule municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201 ("Grantee") receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the Grantee a temporary construction, grading and access easement, in, along, over, upon, under and across the following described property (the "Property"), and situated in Denton County, Texas, located in the Thomas Toby Survey, Abstract No. 1285, the John Bacon Survey, Abstract No. 1541, and the John Scott Survey, Abstract No. 1222, to wit: PROPERTY DESCRIBED AND ILLUSTRATED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the purposes of construction and grading activities, including the free and uninterrupted use, liberty of passage, ingress, egress and regress, at all times, in, over, along, upon, under and across the Property to Grantee herein and its agents, employees, contractors, workers and representatives, for the purposes set forth herein. It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions of any kind as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. It is specifically stipulated by Grantor and Grantee that the scope of the access, 1 construction and grading activities shall further include the clearing and removal of vegetation and trees that exist within the Property. The term of this grant shall expire five hundred and forty (540) days from the date of the "Contractor Notice to Proceed Letter", issued by the Grantee, for the Combined Heat and Power Tri-generation Plant Project. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the day of , 2011. RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner in Philip A. Baker, Vice President 2 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2011, byPhilip A. Baker, Vice President of The Rayzor Company, a Texas corporation, general partner of Rayzor Investments, LTD., a Texas limited partnership, on behalf of said corporation. Accepted this Texas (Resolution No. 91-103). in Paul Williamson Real Estate Manager Notary Public, in and for the State of Texas My Commission Expires: day of AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 2011, for the City of Denton, 3 E1 OF17 � rthur Surveying Co.,' Inc. 11- essiox:eaF sand Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT 0.751 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain.lot; tract or parcel of land !situated in the Thomas Toby Survey, Abstract . Number •1285, City of Denton, Denton County, �exas,-and being a part of that certain tract of land deeded to Rayzor Investments, LTD. and described as Section 1, Tract 8, recorded in Volume 1796, Page .601 of the Deed Records: of Denton County, Texas, and. being more particularly described as follows: BEGINNING at a point in the east line of that certain tract of land described in .deed to Dorothy NellCook, recorded in Volume 9$2, Page 29 of;the.Deed Records of Denton County, Texas, from which a %s inch iron rod found at the southol ast. comer thereof bears South 00 degrees 01 minutes 58 seconds West, a distance of 36.00 feet said point being in,the north line of Airport. Road, also known as F.M.1515, a public roadway; . THENCE North 00 degrees 01 minute 58 seconds last, with the east line of said Cook tract, a distance of 50.00 feet to a point for corner; THENCE South 89 degrees 42 minutes 27 seconds East; over, across and through said Rayzor tract, a distance. of 654,52 feet to a point in the west line of that.certain tract of.land described in deed to the City. of Denton,recorded in Volume 516, Page 648 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 08 minutes 14 seconds East, with the west line- of said City of Denton tract; a distance of 50.00 feet to a point for comer; THENCE North 89 degrees 42 minutes 27 seconds West, over, across and through said Rayzor tract, a distance of 654.67 feet to the POINT OF BEGINNING, and containing 0.751 acres of land, more or less. n�. EXHIBIT2 OF1A a r I No P s P �lr° I0LO J z W U a LO . aC> tn c F�4- w � �• d�.� N Nc m N (n�i nOµ'rL IJy O Z V a .al I I o o 3„29, MOON y U O L C� Sr �O A•ppA tl� • . CD � a 4j N `. z m q,. Ems,, r� o 0U.' D,Mo t� U O o E'` . b q V1 � m i 6 EXHIBIT A 3OF17 Co. Inc. rtl�ur Surveying. Professfonaj:$•and Sux vey ors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439Fax: (972) 221-4675 50" TEyWORARY CONStrRUCTION EASEMENT 2.941 ACRES CITY OF.DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of laud situated in the Thomas Toby Survey, Abstract Number 1285 and the jobn Bacon Survey, Abstract Number 1541, in the City of Denton, Denton' County, Texas, and being a part of that certain tract of land described in deed to Raynor Investments, LTD., recorded in Volume 1796, Page 601 of the Deed Records. of. Denton County, . Texas, and being more particularly described as t*ollows: BEGINNING at a point. in the east line of that dertain tract of land_ described in, deed to the.City of Denton, recorded in Volume 516, Page 648 of the Deed Records of Denton County, Texas, from which a'% inch iron rod found at the southeast corner thereof bears South 00 degrees 08 minutes 14 seconds East, a distance of 46.00 feet being in the. north line of Airport Road, also known as F.M.1515, a public roadway; THENCE North 00 degrees 08 minutes 14 seticonds west; with'the .east line of said City of Denton tract, a distance of 50.60 feet to a point for corner; - THENCE over, across and through said Raynor Investments tract the following nine (9) calls: South 89 degrees 42 minutes 47 seconds East, a distance of 46.52 feet to a point for comer North 23 degrees 43 minutes 52 seconds East, a distance of 5.71 feet to a point at the beginning of a non -tangent curve to the right having a radius. of 13 59.50 feet; Continuing with said curve an arc length of 247.81 feet, having a delta angle of 10 degrees 26 minutes 39 seconds, whose, chord bears North 05 degrees 30 minutes 06 seconds East, a distance of 247.47 feet to a point for comer; North 10 degrees 43 minutes 25 seconds East, a distance of 333.66 feet to a point at the beginning of a curve to the left having.a tadius of 1040.50 feet; Continuing with said curve an are length of 174.10 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whose chord bears North 05 degrees 55 minutes .49 seconds East, a distance of 173.80 feet to a point for corner; North 01 degree 08 minutes 13 seconds East, a distance of 33.18 feet to a point for comer; North 00 degrees 07 minutes 02 seconds East, a distance of 1579.37 feet to a point for comer, c:120081cod1280869 - jim ehristal dme easementldoes11008127 em't5 rayzor temp revised-2.doc EXHIBIT A 4OF17 r hur SuNeying Co., Inc. t 'rOfessiona T and Surveyors P.O. Box 54 Lew lsvillejexas 75067 Office: (972) 221-9439 '— Fax: (972) 221-4675- North 75 degrees 33 minutes 35 seconds East, a distance of 50.87 feet to a point for corner; North 08 degrees 33 minutes 00 seconds East, a distance of 209.79 feet to a point in the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City Of. Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 ofthe Plat Records of Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a. distance of 251.19 feet to a point for comer thereof; THENCE over, across and through said Rayzor'Jnvestments tract the following nine (9) calls: South 75 degrees 33 minutes 35 seconds West, a distance of°31.00 feet to a point for comer, South 00 degrees 07. minutes 02 seconds West, a distance of 1541.14 feet to a point for corner; South 01 degree 08 minutes 13 seconds West, a distance of 33:62 feet to a point for comer at the beginning of a curve to the right having a radius of 1090.50 feet; Continuing with said curve an are. length of 182.46 feet, having a delta angle of 09 . degrees 35minutes 12 :seconds, whose chord bears South 05 degrees 55 minutes 49. seconds West, a distance of 182.25 feet to a pointfor comer; South 10 degrees 43 minutes 25 seconds West, a distance of 333.66 feet to a point at the beginning of a curve to the left having a radius of 1309.50 feet; Continuing with said curve an arc length of 238.39 feet, :having a delta angle of 10 degrees 25 minutes 49 seconds, whose chord bears South 05 degrees 30 minutes 30 seconds West, a distance of 23 8.06 feet to a point for comer, South 00 degrees 17 minutes 36 seconds West, a distance of 10.70 feet to a point for comer; South 23 degrees 43 minutes 52 seconds West, a distance of 48.90 feet to a point for' comer; North 89 degrees 42 minutes 47 seconds. West, a distance of 78.97 feet to the POINT OF BEGINNING, and containing 2.941 acres of land, more or less. ..� I • • , - t k�l 1�f c:120081cod1280869-jimehristaldmem=entldocs11008127 esn►t5rayzortemprcvi9ed-2.doc ,``•`��RA�nE£St� Pva� E5 OF�17A NN+. o:�ab NORTH 100 0 .100 Feet I c,, I � U Bearing system based on the City of J 1 Denton GIS network p ^l ;,,) N o .N "a Rayzor Investments, Ltd. z o Volume 1796, Page 601 D. LD.C.T. —AT�H IL NE f~ 1D I '! 1+i o N v 3r yQ LO a _ v00 lib q 00 Iq p.l V 1n 1 v A ,r JOY.N BACON SURVEY a � A 04 001 y THOHAS TOSY 1285SURVEY, ' / A. O 485T. A:O. 12E6 I� 0V_ (0' Z 1 O I. Rayzor Investments, Ltd. Volume 1796, Page 601 . D.R.D.C.T. o- ,— rn ib- i �C9 �N N^►� tNON F II If _ 60' 01 It+j u PO -J DOC. NO. 1 vLO r,Q o'to C) rn;o LRF Z �1 71- e/ . lJ . 2 CH LINE (Cu.) 50 Temporary Construction Esrnt. 2.941 Acres in the John Bacon Survey, Abst. No. 1541 Thomas Toby .Survey, Abst. No. •1285 City of Denton Denton County, Texas -2010- rthu,r Surveying Co., Inc. Professional Land Surveyors 972-22194-99 Fix 972-22.1-4675 22087m SU=4 suits 200 - P.O. Box 54 Lewisn7le, Texas 75067 Z C Id- o Q1 II CO . _�j�w,CV IN_ dOo loam 4►M p o;O QO� ,- o ►� u� 10. ESMT. 7Z II ?008-32330 L3 N89'42'47'W 66M) s' unL ESM'[[..� I 1251.76' �V.1221/P.850) - 1O&T41p�P 89 T . AIRPORT ROAD. F.M' 1515 LINE TABLE LI E BEARING LENGTH L N00'0 '14"W 50.00' L2 89'4214 "E 39.47' L3 43'52" 5 1' L4 01'08-13"E 33.18' L N75'33.35E 50.87' L6 5'33'35"W 31.00' L7 S01,08' 3"W 3 62' L8 S00117136'W 10.70' L9 S23.43'5 "W 66.34' L10 N89'4 '47"W 71.91' Lf1 0026'14"W 0.0 ' 5;u�� Pv�' �d `CIIf3��vr � C.\2008\L0D\8a0B69 - Jim Chrlstnl DME Ensenent\dwg\1C0B127_e5nt5 Ruyzpr temp reymq. ..p�- 'M CDT (EXHIBIT A 6OF17 rthur Surve �n C 1, i nc. ,Y professiid surveyors P.O. Box 54 --- Lewisville, Texas 75067 Office: (972) 221-9439 ^- Fax: (972) 221-4675 55' TEMPORARYCONS' RUCTION EASEMENT 0.495 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot tract or parcel of land situated in the John Scott Survey, Abstract Number 1222, City of Denton, Denton County,. Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, Lid., _Section 1, Tract 7, recorded in Volume 1796, Page 601 ofthe .Deed Records of Denton County�l Texas, and being more particularly described as follows: BEGINNING at the northwest corner of said Rayzor Investments, LTD. tract and the northeast corner of that certain tract of land described in deed to Ed Wols1d, Trustee and Virginia Fryman, recorded in Volume 2895, Page 470 of the Deed Records of Denton County, Texas, said point also being in and near the centerline of Tim ChrisW Road, a public roadway; THENCE North 89. degrees 43 minutes 31 seconds East, in and near the centerline of said Jiro Christal Road, a distance of 389.97 feet to a point for corner; THENCE South 04 degrees 31 minutes 20 seconds East, over, through and across said Rayzor Investments tract, a distance of 55.15 feet to a point for comer; THENCE South 89` degrees 43 minutes 31 seconds- West, continuing over, through and across said Rayzor Investments tract, a distance of 394 57 feet to a point in the east line of said Wols1d tract; THENCE North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolsld tract, :a distance of 55.00 feet to the POINT OF BEGINNING; and containing 0.495 acres of land,;more or less. cA20081codM0869 - jim christal dme eas mentldocs11008127_esntt7 rayzor temp.doc EXHIBIT A 7 OF 17 rthur Surve in Co. I n. . �rofession�.Y �C,azeci' Sauweyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 50' TEMPORARY'CONSTRUCTION EASEMENT 4.128 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of laird situated in the John Scott Survey, Abstract Number 1222 and the John Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor . Investments, Ltd., Section 1, Tract 7, recorded in 'Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the northeast corner of that certain tract of land described in deed to Ed d F rd d' V 1 2895 P 470 f th D d R d Wolskt, Trustee an Vhguna ryman, reco a in o ume age o e ee ecor s of Denton County, Texas, and the northwest comer of said Rayzor Investments tract, same point also being in and near the centerline of Jim Christal Road, a public roadway; THENCE South 00 degrees 15 minutes 52 seconds West, with the east line of said Wolski tract, a distance of 85.00. feet to a point for comer; THENCE North 89 degrees 43 minutes 31 seconds East, over, through.and across said Rayzor. Investments tract, a distance of 316.86 feet to the POINT OF BEGINNING; THENCE' continuing over, through and across. said Rayzor Investments tract the following fourteen (14) calls: North 89 degrees 43 minutes 31 seconds East, a distance of 50.14 feet to a point for. comer; . South 04 degrees 31 minutes 20 seconds; East, a distance of 340.94 feet to a point for comer; North 85 degrees 28 'minutes 40 seconds, East, a distance of 371.18 feet to a point "for comer; North 04 degrees 31 minutes 20 seconds'West, a distance of 148.90 feet to a point for comer; North 40 degrees 28 minutes 40 seconds. East, a distance of 190.12 feet to a point for comer; North 89 degrees 43 minutes 31 seconds East, a distance of 552.23 feet to a point,for comer; c.00081cod1280869 - jim ctuistal dma easement%docs11008127 esmt7'myzor temp.doc i. EXHIBIT A 8 OF 17 thurveyin Co., Inca Professiauad hazed Surveyors . P.O. Box 54i --- Lewi4ville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 01 degree 09 minutes 14 seconds West, a distance of 309.75 feet to a point for comer; South 04 degrees 33 minutes 24 seconds East, a distance of 201.00 feet to a point for corner; South 01 degree 09 minutes 14 seconds West, a distance of 78.65 feet. to a point of the beginning of curve to the left having a radius of 1297.50 feet; Continuing with said curve an are length of 657.94 feet, having a. delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 650.91 feet to a point for comer; South 27 degrees 53 minutes 59 secon4s East, a distance of 392.07 feet to a point for i comer; South 22 degrees 11 minutes 21 seconds East, a distance of 50.25 feet to a point for corner; South 27 degrees 53 minutes 59 seconds East, a distance of 161.24 feet to a point at the beginning of curve to the right having a radius of 1097.50. feet; Continuing with said curve an arc length of 64.37 feet, having a delta angle of 03. degrees 21 minutes 37 seconds, whose chord beers South 26 degrees 13'minutes 12 seconds.East, a distance of 64.36 feet to a point in thel west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seeonds West, with the West: line of said Lot 2,: a distance of 133.67 feet to a point for corner; THENCE over, through and across said Rayzor .Investments tract the following fourteen (14) calls: North 23 degrees 41 minutes 00 seconds West, a distance of 13.70 feet to a point at the beginning of a non -tangent curve to the left having a radius of 1047.50 feet; Continuing with said curve an are length of 169.41 feet, having a delta angle of 09 degrees 16 minutes 00 seconds, whose chord bears North 23. degrees 16 minutes 00 seconds West, a distance of 169.23 feet to a point for corner; . North 27 degrees 53 minutes 59 seconds West, a distance of 163.74 feet to a point for comer; cA2008\coM280869 - jim christal dme easement\does\1008127_esmt7 rayzor temp.doc EXHIBIT A 9 OF 17 rthur SurveyingCo.a Inc: �rofessionaY sand Surveyors P.O. Box 54 ^- Lewisville, Texas 75067 Office: (972) 221=9439 Fax: (972) 221-4675 North 22 degrees 11 minutes 21 seconds West, a. distance of 50.25 feet. to a point for comer; North 27 degrees 53 minutes 59 seconds West, a distance of 3 89.5 8 feet to a point at the beginning of a curve to the right having a radius of 1347.50 feet; Continuing with said curve an arc length of 683.30 feet, having;;a delta,angle of. 29. degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22. minutes 23. seconds West, a distance of 676.00 feet toa' point for comer; North 01 degree 09 minutes 14 seconds' East, a distance of 76.15 .feet'to a point for corner; North 04 degrees 33 minutes 24 seconds ;West, a .distance . of 201.00 feet to a point. for. comer; North 01 degree 09 minutes 14 seconds Past, a distance of 260.98 feet. to .a point for corner; South 89 degrees 43 minutes 31 seconds West, a distance of 478.05 feet to a point for comer; i South 40 degrees 28 minutes 40 seconds West, a distance of 146.49 feet to a point for comer; South 04 degrees 31 minutes 20 seconds Past, a distance of 178.19 feet to a point for corner; South 85 degrees 28 minutes 40 seconds 'Nest, a distance of 471.18 feet to a point for.. comer; North 04'degrees 31 minutes 20 seconds West, a distance of394.66 feet to the POINT OF BEGINNING, and containing 4.128 aches of laird, more or less. c:120081cod1280869 - jim cluistal dme easementldocs11008127_esmt7 rayzor temp.doc eXHIBIT A .10 OF 17 NORTH �. 0.1�.�' �rlTtl►ti I 300 0 3.00 Feet IpW/►. j Jbhn D. Davis �P" I✓• JT• 55' TEMPORARY CONSTRUCTION (VOL 1115, Pg. 141) Bearing system based on the City of Denton OIS network: EASEMENT « 0.495 ACRES NB9 45'za•w JIM CHRISTAL ROAD 916.03'PN89,43'31"E/-59.9T _ _ •�� PROPOSED 20' D.M.E. EASEMENT �� - - (C.M. r1 i SB9 43'31'W_394.5 _ L7 _ I N89'43'31 "E —552 ,r S8943'31�" W� �wj;d to 478.05 ^ I N"o� "�' 1 GM •W8Pad#7H Z -pc01IFF�M glridge Energy, LLC N rr i N85'28''J� Imt No. 2010-70722371.1O471.18' N en5b S85'28��04 .50' TEMPORARY CONSTRUCTON 'r c EASEMENT- 4.128 ACRES � E Eae" N , z eo lit AN,H y c Section 1, Tract 7Uj Rayzor Investments, Ltd. z n tiw ".II m a` l W W N d :e ui w (Vol. 1796, Pg. 601) . �fl� 1N`s LINE TABLE UNE BEARING LM07H L1 S0417'207 55,15, L2 ' _ N00'15'5"E 55.00' L3 N89'43'31'E 50.14' ! L4 N04*31'20'W 148.90' L5 408'40'E .118747956680 L6 S01.09'1 78.65' 5211'2 50.25' S27 T61.2'4iTi SCO'07' " 33.6 ' LID0 13.70' L17 N27'53'59" 163.74' RL7 L12 'N2211'21" 50. 509927''' 9'4 ...02.1411 L14.S '2 '40' '' S04312D'E Lir SO 'S "W L17 N89 43'31 "E 316.86' N� 11 V �NN 1 N v�.�- W \ IM \ to i .ate \ 3 01 LAaw` I �p • U)+ I CURVE TABLE err, t= CURVE RADIUS LENGTH DELTA CHD BRG CORD Cl 709 _50' 64.37' 03 2 '3 S26.13'12"E 6 36' C2 7047.50' 169 4 ' 0 0" N2316100"W c\=ooe\eoa\2eDEso - am COMM. oue earimmt\Q■o\1aoe%27_.M17 rtona eve■g to/as/aom ktAOB PM CDT EXHIBIT r hur Surveying,Co. Inc. t ,Profe$sionm1 Laud azx�e�ors P.O. Box 54 Lewis1ville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.137 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot; tract or parcel of land situated in the J. Bacon Survey;Abstract Number 1541, City of Denton, Denton County, ;Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, :LTD., Section.1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Dentdn County, Texas, and being more particularly described, as follows: COMMENCING -at the northwest corner of We4ark Addition, Phase 2, an addition to. the City. of Denton, Denton County, Texas, according to fhe conveyance plat thereof recorded in, Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, from which the northeast 'comer of . said Rayzor investments tract bears North 00 degrees 01 minute 06 seconds East, a distance'of 29.97 feet; being in and near the approximate centerline of Jim Christal Road; a public roadway; THENCE South 00 degrees 01 minute 06 seconds West, with the west line of said Westpark Addition, Phase 2, a distance of 45.00 feet to a point for comer; THENCE South 89 degrees 43 minutes 30 seconds West, over, through and across said Rayzor . Investments tract, a distance of 138.56 feet to the POINT OF BEGINNING; THENCE South 00 degrees 16 minutes 30 seconds East, continuing over, through and across said Rayzor Investments tract, a distance of 80.00 feet to a point for corner; THENCE South 89 degrees 43 minutes 30 seconds West, continuing over, through and across said Rayzor Investments tract, a, distance of 90.31 feet to a point in the east line of Western Boulevard, a public roadway; THENCE North 01 degree 09 minutes 14 seconds East, with the east line of said Western: Boulevard, a distance of 50.02 feet to a point for comer thereof, THENCE North 89 degrees 43 minutes 30 seconds East, over, through and across said Rayzor Investments tract, a distance of 39.06 feet to a point for corner; THENCE North 00 degrees 16 minutes 30 seconds West, continuing over, through.and across said Rayzor Investments tract, a distance of 30.00; feet THENCE North 89 degrees 43 minutes 30 seconds East, continuing over, through and across ` said Rayzor Investments tract, a distance of 50.fl0 feet to the POINT OF BEGMING, an containing 0.137 acres of land, more or less. ...sj fFR, y • LEY �itI � j 620081eodM0869 - jim cluistal dme easementldo0s11008127 esmt8 rayzor temp.doc E2OFIT NORTH 50 0 50 Feet Bearing system based on the Clty of Denton GIS network. LINE TABLE UNE I BEARING LENGTH L1 90010i'O6"E 29:9Z' L2 SOD'32'00"W 23:25' Dianne Davis Atkinson, Jack D. Atkinson, Wallace L. Davis, Jr. -and Mary V. Davis (Vol..612, Pg. 430) q W \-Jl; CHRISTAL ROAD 0 0 Q� N00'16'30"W ----`- 30.00'-----7- r�. `�.- —a N89'43'30"E o PROPOSED 20' D.M.E. EASEMENT N89 43'30"E 50.00' — — _ _ —' — --*--- 39.06' / S89'43'30"W 138.56' W . LO S89'43'30"W . 90.31' Section 1, Tract7 Rayzor Investments; LTD. (Vol.1796, Pg. 601) N89 23-31 "E N 156.90' R.F. BEARS V31"E 0.49' N8923'31'E F. WS.35' R.O.W. DEDICATION (CAR. Y. PG. 169)) �.:.. 1.TI�A�S.nLtY�II 5832 • r Temporary Construction Easemr nt thur SurV2 In Co., Inc. 0.137 Acres in the ! J. Bacon Survey, Abst. No. 1541 Professional Land. Surveyors City of ' Denton 972-221-9439 -- Fax972221-4675 Denton County, Texas 220Mm sarm4 Suite200 - ..0.Box 54 — 2010 - LawisvMa, Texas 75067 / 3m Chedd OME .y— t".d.4 10/25/2010 �:33;37 PM COT EXHIBIT A :. 13 OF 17 rthur Surveying,Co. Inc. Pz-ofessianal. zmd Surve7ors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 5o, TEMPORARY CONSTRUCTION EASEMENT 1.636 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS. BEING all that certain lot, tract or parcel of lend situated in the John Scott Survey, Abstract Number .1222 and the John Bacon Survey, Abstract Number 1541, City . of Denton, Denton County, Texas, and being a part of .that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page '601.of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said 1tayzor Investments tract and the west line of Lot 2, Block A, Westpark Addition,, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat . Records of Denton County, Texas and from whi6h the southwest comer of said Lot 2 bears South 00 degrees 07 minutes 02 seconds West, ;a distance of 4777.30 feet; THENCE over, through and across said Rayzor Investments tract the following eleven:(11) tails: North 27 degrees 53 minutes 56 second$ West, a distance of 274.33 feet to a point at the beginning of a curve to the right having a radius of 1122.50 feet; Continuing with said curve an are length of 569.20 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose, chord bears North 13 degrees 22 minutes 23 seconds West, a distance' of 563.12 feet to a point for comer; North 01 degree 09 minutes 14 seconds East, a distance of 124.65 feet to a point for comer; North 06 degrees 51 minutes 52 seconds East, a distance of 201.00 feet to a point for comer; North 01 degree 09 minutes 14 seconds East, a distance of 314.73 feet to a point for. comer; North 89 degrees 43 minutes 30 seconds East, a distance of 50.02 feet to a point for corner; South 01 degree 09 minutes 14 seconds West, a distance of 318.47 feet to a point for corner; South 06 degrees 51 minutes 52 seconds West, a distance of 201.00 feet to a point for comer; c:120081cod1280869 - jim eMstal dme easementldocs11008127_esma0 rayzor. temp.doc EXHIBIT 17 rthur SurveyingCo., Inc. Rx- fessianal iZand surveyor-- P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 01 degree 09 minutes 14 seconds WWest, a distance of 122.15 feet to a point at the beginning of a curve to the left having a radius of 1072.50 feet; Continuing with said curve an are length of 543.85 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose ichord bears South 13 degrees 22 minutes 23 seconds East, a distance of 53 8.04 feet to `a point for comer; South 27 degrees 53 minutes 56 seconds'East, a distance of 180.36 feet to a point in the west line of said lot 2; TBENCE South 00 degrees 07 minutes' 02 seconds West, with the west line of said Lot 2, a distance of 106.45 feet to the POINT OF BEC DUUNG, and containing 1.636. acres. of land, more or less. r cA2Q08lcod1280869 - jim chdsW dme eas=entXdocs\1008127 esmtl;0 myzor temp.doc NORTH - - 200 0 200 Bearing system -based on the City of Denton GIS network LINE. TABLE LINE I BEARING LENGTH L1 NOV09"I 47 124.65' L2 N8 43'30"E 50.02' L3 SOi 09-14-W 122. 5' L4 00.07'02'W 106.45' 11 EXHIBIT A 15 OF 17 JIM CHRISTA ROAD IRA CM. — -- _ 26�2zy:,w.. , L2 I W o� F1 f O O) bCn. ri W 6 0 ^ 0 CV W.. O N i0 N ai co �a /? Section 1 Tract 7 CS a 1z' Rayzor Investments, Ltd `:' -� H , 4 �. (Vo1 1796; Pg: 601) r .., 50 Temporary Construction Esm t 1.636 Acres in the John Scott Survey, Abst. No. 1222 John Bacon Survey, Abst. No. 1541 City of Denton Denton County, Teams _ 2010 - rthur Surveying Co., Inc. Professional Land Surveyors 972 221 9439 — Fax 972 221-4675 220 Mm Street, Suite 200 - P.O. Box 54 Lewisville, Toxas.75067 G%2000\G0D%2e0000 — A, Chna:W DME Eo.rn.nl\d. X1DW127_e tth A— i.....d.m toHxMnm a•ns .. ? II wp 1 Cam iN jd N -Vt 1Ln LA p" tJ� � 1Q. aC U � &A I \ - oM'\ - o 1 S$9'42'27"E I \'. j 482.98' - \ (GM)0---- \ i PM CDT !EXHIBIT A 16 OF 17 rthur Surveying Co., Inc. Pzofes, k". Iuzreyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221.9439 Fax: (972) 221-4675 EXHIBIT A 50' TEMPORARY CONStRUCTION EASEMENT' 6.015 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the John. Scott Survey, Abstract Number 1222, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded .in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and 'being more .particularly described as follows: COMMENCING at a point in the south line of that certain tract of land described indeed to John D. Davis, recorded in Volume 1115, Page' 141 of the Deed Records of Denton County, Texas, being in and near the approximate centerline of Jim Christal Road and in. the west line of Western Boulevard, a public roadway and from which a PK Nail found at the southwest comer of said.Davis tract bears South 89 degrees 43 minute§ 31 seconds West, a distance of 2336.65 feet; THENCE South 10 degrees 19' minutes 28 seconds West; with west line of said Western Boulevard; a distance of 27.72 feet to a '/s inch iron rod with a yellow cap stamped "f1RTHUR SURVEYING COMPANY" found for comer; THENCE South 40 degrees 33 minutes 19 seconds East, continuing with .the west line of said i Western Boulevard, a distance of 49.48 feet a point for comer; THENCE'over, through and across said Rayzor Investments tract the following five (5) calls: South 89 degrees 43 minutes 31 seconds Nest, a distance of 39.32 feet to the POINT OF BEGINNING; South 40 degrees 33 minutes 19 seconds East, a distance of 13.11 feet to a point for comer; South 89 degrees 43 minutes 31 seconds West, a distance of 65.54 feet to a point for comer; North 40 degrees 33 minutes. 19 seconds West, a distance of 13.11 feet to .a point for comer; North 89 degrees 43 minutes 31 seconds Vast, a distance of 65.54 feet to the POINT OF BEGINNING, and containing 0.015 acres of land; more or less.. c:\2008\cod\280869 - jim christal dme easementldocs11008127_esmt12 rayzor temp.doc G EXHIBIT A 17 OF 17 LINE BARING LENGTH L1 S40.`33'1VE 13. 1' L2 N40'33'19"W 1311' 14 300 0 300 Feet Beating system based on the City of Denton GIS network John D. Davis t, Marti (Vol. 1115, Pg. 141) JD. (J . [� ps o S8943'31 "W 2336.65' PK NAIL FND. (GAL) N N rn � r n JIM CHRISTAI, ROAD f�z,leF . s Io. 50" TEMPORARY CONSTRUCTION ESMT. 0.015 ACRES N89W 43'31 "E 65654' S89'43'31 "W PROPOSED 20' D.M.E. EASEMENT 39.32' S8943'31 "W ` 65.54' 'PROPOSED 30' EASEMENT & RIGHT—OF—WAY w Section 1, Tract 7 I IY Rayzor Investments, Ltd.. I (Vol 1796, Pg. 601)0. W {� 50' Temporary Construction Easement Inc.0.015 Acres in the r tfihur Surveying Co.,, I John Scott Survey, Abst. No. 1222 Professional Land Surveyors City of Denton 972-221 9439 - Fkr 972 221-4675 Denton County, Texas 220Elm stme;suite 200 po Box54 - 2010 — Lewisville, Texas 75067 R\xo0e\COb\2E0060 - .� gd.td aYE E.1MWk\dVQ\TdGa127-.—t12 Roy- =.d.9 11/10/2D10 em:w CST EASEMENT PURCHASE AGREEMENT IM/ AGREEMENT dated , 2P6etween WESTPARK GROUP LP, a Texas limited partnership. ("O ER') and the City of Denton, Texas ("CITY"). WITNESSETH: WHEREAS, WESTPARK GROUP LP, a Texas limited partnership is the owner of certain tracts of land in the J. Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, said tracts all being affected by the public improvement PROJECT called the Jim Christal Electric Upgrade Project ("PROJECT"); and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary Easement for the PROJECTS; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the OWNER shall grant, execute and deliver to the CITY an easement for electric utilities traversing Owner's property, more particularly described as: A variable width Electric Easement tract of approximately 0.380 acres of land. The easement tract herein is referenced hereinafter as the "Easement". The conveyance instrument for the Easement being in form and substance identical to that attached hereto as "ATTACHMENT 1 "; 2. At Closing, the CITY shall pay OWNER, Nine Thousand One Hundred Dollars and No Cents ($9,100.00) as payment for the Easement as Total Compensation. The Total Compensation payment represents full and adequate consideration for all of the easement tracts contemplated herein and any improvements therein, including without limitation, any damages to the remainder of OWNER's property; 3. The Closing shall be in and through the office of Title Resources (Title Company) with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date"). The OWNER shall convey the Easement free and clear of all debts and liens. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Easement, if necessary; 4. The stipulated Total Compensation amount shall be paid by the CITY at closing to the OWNER through the Title Company. All other typical closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER's attorney's fees; Page 1 5. The CITY expressly acknowledges that the Easement are being granted and accepted AS -IS, WHERE -IS WITH ALL FAULTS, and, OWNER makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Easement; 6. This AGREEMENT is subject to all matters shown of public record to affect the Easement, including all liens, claims, Easement, restrictions, covenants, mineral and royalty interests shown of public record, and all other contracts, burdens and encumbrances of any kind affecting the Easement; 7. The date on which this AGREEMENT is executed by the last to sign of the parties shall be the "Effective Date" of this AGREEMENT; 8. This AGREEMENT constitutes the sole and only agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 9. owner retains all rights to all minerals associated with the Easement Tract(s). CITY OF DENTON By: George C. Campbell, City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY wiV, 0 W2 on 7 "1 . / 0� W liffmim-141 MIRAY/ I APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Page 2 WESTPARK GROUP, LP, A Texas limited partnership By: WestparkGroup GP, LLC, A Texas limited liability company Its General Partner By: The Rayzor Company, A Texas Corporation, Its sole member By: Philip A. B r, Vice President Date Executed: S J d I 1 ;?-0 0 Page 3 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of. (1) an executed copy of this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources Attn: Virginia Kubiak 1112 Dallas Drive, Suite 402 Denton, Texas 76205 Telephone (940) 3 81-1006 Fax (940) 565-1917 By: Printed Name: Title: Contract receipt date: Page 4 ATTACHMENT I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRIC EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT WESTPARK GROUP LP, a Texas limited partnership ("Grantor"), of Denton County, whose mailing address is 400 West Oak Street, Suite #200, Denton, Texas 76201, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") perpetual easements in, along, upon, under, over and across the following described property (the "Property"), owned by them, and situated in Denton County, Texas, located in the J. Perry Survey, Abstract No. 1040, to wit: PROPERTY AREAS DESCRIBED AND ILLUSTRATED IN EXHIBITS A AND B, ATTACHED HERETO AND MADE A PART HEREOF And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Electric Line Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. 1 The easement rights granted herein are for the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining electric utilities, and related facilities ("Electric Facilities"), in, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Electric Facilities or any part thereof. Grantor's overall property of which the Easement Property is a portion is referred to herein as the "Grantor's Property". Grantor shall have no obligation to construct or maintain the Electric Facilities. Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use the Easement Property for the location, construction, reconstruction, relocation and operation of such Electric Utilities necessary or desired for the conduct of Grantor's development of the Grantor Adjoining Property so long as Grantor's use of such ground space does not unreasonably interfere with the rights herein granted to Grantee, which uses will be subordinate to the Grantee's easement rights herein, and (ii) construct or place fences, pavement and landscaping on or adjacent to the Easement Property so long as same does not unreasonably interfere with the rights herein granted to Grantee, and specifically including the right to place paved driveways and access areas over the Easement Property. It is understood that brick, stone or masonry walls and/or columns shall not be used in the construction of fences within the Easement Property, and any fences placed across the easement shall contain gates or removable panels so that the Easement Property is readily accessible by the City's employees and agents at all times and that there shall be no longitudinal installation of fencing within the Easement Property. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to do so, such Electric Utilities shall only cross the Easement at not less than a 45°angle and no greater than a 90' angle to the centerline of the Easement, there shall be no longitudinal installation. If such facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed electric utilities. Prior to construction or installation of Grantor facilities within the Easement Property by Grantor, or its successors or assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld. Any non -approved utility construction or installations shall be at -risk for future adjustment or relocation at the sole cost and expense of the owner of the encroaching facility. Within 60 days after completion of construction of Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City Engineer complete as -built construction plans of the subj ect improvements. 2 For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Easement Property across Grantor's Property by way of existing Jim Christal Road public property or right-of-way. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW as to the condition or suitability of the Easement or the Easement Property for Grantee's easement rights and uses defined herein. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand to be effective as of the day of , 2011. WESTPARK GROUP, LP, A Texas limited partnership By: WestparkGroup GP,,LLC, A Texas limited liability company Its General Partner By: The Rayzor Company, A Texas Corporation, Its sole member In Philip A. Baker, Vice President Date Executed: ACKNOWLEDGMENT 3 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the day of February, 2011 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as sole member, Westpark Group GP, LLC, General Partner of Westpark Group LP on behalf of said limited partnership. Notary Public - State of Texas Accepted this day of February, 2011 for the City of Denton, Texas (Resolution No. 91- 073). By: Paul Williamson Real Estate Manager Upon recording return original to: City of Denton Real Estate and Capital Support 901-A Texas Street Second Floor Denton, Texas 76209 4 rthur Surveying Co., Inc. Pz-a essiaa.w zancl smrveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 EXHIBIT A D.M.E. EASEMENT 0.380 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 2 and being in the south line of Jim Christal Road, having a variable width right-of-way, from which a 5/8 inch iron rod found bears North 01 degree 07 minutes 01 second East, a distance of 30.01 feet; THENCE South 01 degree 07 minutes 01 second West, with the east line of said Lot 2, a distance of 15.01 feet to a point for corner; THENCE over, across and through said Lot 2 the following three (3) calls: South 89 degrees 23 minutes 31 seconds West, a distance of 817.26 feet to a point for corner; North 01 degree 10 minutes 54 seconds East, a distance of 10.00 feet to a point for corner; W,s South 89 degrees 23 minutes 31 seconds lsast, a distance of 857.43 feet to a point in the west line of said Lot 2; THENCE North 00 degrees 01 minute 06 seconds East, with the west line of said Lot 2, a distance of 5.00 feet to the northwest corner thereof, being in the south line of said Jim Christal Road; THENCE North 89 degrees 23 minutes 31 seconds East, with the south line of said Jim Christal Road, a distance of 1674.77 feet to the POINT OF BEGINNING, and containing 0.380 acres of land, more or less. � �, ." ::mac 11 .cil • `fit-r c:\2008\cod\280869 - jim christal dme easement\docs\280869_esmt8.doc NORTH 11 1 100 Feet ��NS Ns JPOK P Pv pP pP�SpPN5.61`t' P I.R.F. p,01 PGE.I- �401-• (C.M.) WP LINE TABLE LINE BEARING LENGTH L1 S01'07'01"W 15.01' L2 N01'10'54"E 10.00' L3 N00'01'06"E 5.00' L4 N01'07'01"E 30.01' L5 N01'07'01"E 30.01' L6 N00'32'00"E 23.25' P PR is Go;0 RP�JO�N196' P . S89'23'31"W 1519.02' JIM CHRISTAL ROAD �^ R.O. W. DEDICATION (CAB. Y, PC. 169) N89. 23 37 E,., 1674.77 Z ° S8923'31 "W a 857.43' CO a az— �20 I} � G � I I LOT 2I BLOCK A WESTPARK ADDITION, PHASE 2 (CAB. Y, PG. 169) EXHIBIT B D.M.E. Easement 0.380 Acres in the J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - R.O.W. DEDICATION (CAB. Y, PG. 169) S89723'31 "W 817.26' D.M.E. EASEMENT 0.380 ACRES 4J 5/8" I.R.F. (C. �,jn� �p v 't p. V . elJ . Arthur Surveying Co., Inc. Professional Land Surveyors 972 221-9439 — Fax 972-221-4675 220 Elm Street, suite 200 — P.O_ Box 54 Lewisville, Texas 79067 C:\2008\COD\280869 — Jlm Chriatd DME E—ment\ *000869—ee M.dw9 9/9/2009 4:23:12 PM CDT EASEMENT PURCHASE AGREEMENT �D11 AGREEMENT dated 29i T between RAYZOR INVESTMENTS, LTD., a Texas limit partnership. ("OWNER") and the City of Denton, Texas ("CITY"). WITNES SETH: WHEREAS, RAYZOR INVESTMENTS, LTD., a Texas limited partnership is the owner of certain tracts of land as evidenced by conveyance to Rayzor Investments, Ltd. by instrument recorded by Deed in Volume 1796, Page 601, Denton County Deed Records said tracts are located in the J. Bacon Survey, Abstract No. 1541, Section 1, Tract 7, the B.B.B. and C.R.R. Survey, Abstract No. 192, Section 1, Tract 5, and the J. Perry Survey, Abstract No. 1040, Section 3, Tract 8, and Section 6, Tract 1, said tracts all being affected by the public improvement PROJECT called the Jim Christal Electric Upgrade Project ("PROJECT"); and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary Easement for the PROJECTS; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: At Closing, the OWNER shall grant, execute and deliver to the CITY an easement for electric utilities traversing Owner's property, more particularly described as: A 10' wide Electric Easement tract of approximately 0.045 acres of land, a variable width Electric Easement tract of approximately 1.896 acres of land, a 16' wide Electric Easement tract of approximately 0.147 acres of land, a 16' wide Electric Easement tract of approximately 1.674 acres of land, and a 16' wide Electric Easement tract of approximately 1.043 acres of land. The easement tracts herein are referenced hereinafter as the `Basement". The conveyance instrument for the Easement being in form and substance identical to, that attached hereto as "ATTACHMENT 1 "; 2. At Closing, the CITY shall pay OWNER, Eighty Four Thousand Two Hundred Dollars and No Cents ($84,200.D0) as payment for the Easement as Total Compensation. The Total Compensation payment represents full and adequate consideration for all of the easement tracts contemplated herein and any improvements therein, including without limitation, any damages to the remainder of OWNER's property; The Closing shall be in and through the office of Title Resources (Title Company) with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date"). The OWNER shall convey the Easement free and clear of all debts and liens. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Easement, if necessary; Page 1 4. The stipulated Total Compensation amount shall be paid by the CITY at closing to the OWNER through the Title Company. All other typical closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER's attorney's fees; 5. The CITY expressly acknowledges that the Easement are being granted and accepted AS -IS, WHERE -IS WITH ALL FAULTS, and, OWNER makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Easement; 6. This AGREEMENT is subject to all matters shown of public record to affect the Easement, including all liens, claims, Easement, restrictions, covenants, mineral and royalty interests shown of public record, and all other contracts, burdens and encumbrances of any kind affecting the Easement; 7. The date on which this AGREEMENT is executed by the last to sign of the parties shall be the "Effective Date" of this AGREEMENT; 8. This AGREEMENT constitutes the sole and only agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 9. Owner retains all rights to all minerals associated with the Easement Tract(s). CITY OF DENTON By: George C. Campbell, City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY 121,19 F I / M/0 /a APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ��z Page 2 RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Philip A. B , Vice President p Date Executed: RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of. (1) an executed copy of this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources Attn: Virginia Kubiak 1112 Dallas Drive, Suite 402 Denton, Texas 76205 Telephone (940) 3 81-1006 Fax (940) 565-1917 By: Printed Name: Title: Contract receipt date: Page 3 ATTACHMENT 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRIC EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Rayzor Investments, Ltd., a Texas limited partnership ("Grantor"), of Denton County, whose mailing address is 400 West Oak Street, Suite #200, Denton, Texas 76201, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") perpetual easements in, along, upon, under, over and across the following described property (the " Easement Property"), owned by them, and situated in Denton County, Texas, located in the J. Bacon Survey, Abstract Number 1541, the B.B.B. and C.R.R. Survey, Abstract Number 192, and the J. Perry Survey, Abstract Number 1040 to wit: PROPERTY AREAS DESCRIBED AND ILLUSTRATED IN EXHIBITS A, B, C, D, and E, All ATTACHED HERETO AND MADE A PART It is agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Electric Line Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. 1 The easement rights granted herein are for the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining electric utilities, and related facilities ("Electric Facilities"), in, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Electric Facilities or any part thereof. Grantor's overall property of which the Easement Property is a portion is referred to herein as the "Grantor's Property". Grantor shall have no obligation to construct or maintain the Electric Facilities. Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use the Easement Property for the location, construction, reconstruction, relocation and operation of such Electric Utilities necessary or desired for the conduct of Grantor's development of the Grantor Adjoining Property so long as Grantor's use of such ground space does not unreasonably interfere with the rights herein granted to Grantee, which uses will be subordinate to the Grantee's easement rights herein, and (ii) construct or place fences, pavement and landscaping on or adjacent to the Easement Property so long as same does not unreasonably interfere with the rights herein granted to Grantee, and specifically including the right to place paved driveways and access areas over the Easement Property. It is understood that brick, stone or masonry walls and/or columns shall not be used in the construction of fences within the Easement Property, and any fences placed across the easement shall contain gates or removable panels so that the Easement Property is readily accessible by the City's employees and agents at all times and that there shall be no longitudinal installation of fencing within the Easement Property. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to do so, such Electric Utilities shall only cross the Easement at not less than a 45°angle and no greater than a 900 angle to the centerline of the Easement, there shall be no longitudinal installation. If such facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed electric utilities. Prior to construction or installation of Grantor facilities within the Easement Property by Grantor, or its successors or assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld. Any non -approved utility construction or installations shall be at --risk for future adjustment or relocation at the sole cost and expense of the owner of the encroaching facility. Within 60 days after completion of construction of Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City Engineer complete as -built construction plans of the subject improvements. 2 For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Easement Property across Grantor's Properly by way of existing Jim Christal Road public property or right-of-way. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW as to the condition or suitability of the Easement or the Easement Property for Grantee's easement rights and uses defined herein. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand to be effective as of the Rayzor Investments, Ltd., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Pbi ip A. Baker, Vice President THE STATE OF TEXAS § COUNTY OF DENTON § day of , 2011. ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of February, 2011 by Philp A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public - State of Texas Accepted this day of , 2011 for the City of Denton, Texas (Resolution No. 91-073). Paul Williamson Real Estate Manager Upon recording return original to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson EXHIBIT A 1 OF 2 rthur Surveying Co., Inc. Rr®.tessi®nal land Suz-vrey rs P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 10' D.M.E. EASEMENT 0,045 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of Westpark Addition, Phase 2, an addition to the City of Denton; Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, from which the northwest corner thereof bears North 00 degrees 01 minute 06 seconds East, a distance of 25.00 feet, said point being in Jim Christal Road, a public roadway; THENCE South 00 degrees 01 minute 06 seconds West, with the west line of said Westpark Addition, Phase 2, a distance of 10.00 feet to a point for corner; THENCE South 89 degrees 43 minutes 30 seconds West, over, across and through said Section 1, Tract 7, a distance of 202.40 feet to a point for corner in the east line of Western Boulevard, a public roadway; THENCE North 45 degrees 19 minutes 51 seconds East, with the east line of said Western Boulevard, a distance of 14.29 feet to a point for comer; THENCE North 89 degrees 43 minutes 30 seconds East, over, across and through said Section 1, Tract 7 , a distance of 192.24 feet to the POINT OF BEGINNING, and containing 0.045 acres of land, more or less. c:120081cod1280869 - jim christal dme easementldocsM0869 esmt6.doc NORTH 50 0 50 Feet EXHIBIT A 20F2 LINE TABLE LINE BEARING LENGTH L1 S00'01'06"W 10.00' L2 N45'19'51"E 14,29' L3 N00'01'06"E 25.00' Bearing system for this survey Is based on the Revised Conveyance Plat of Lots 3, 4 and 5, Block A of Legacy Crossing, an addition to the City of Frisco, Denton County, Texas recorded in Cabinet Y, Page 436 of the Plat Records of Denton County, Texas. DIANNE DAVIS ATKINSON, JACK D. ATKINSON, WALLACE E. DAVIS, JR. AND MARY V. DAVIS (VOL. 612, PG. 430) JIM CHRISTAL ROAD J—. 'V. JJ. N89'43'30"E 192.24' M.E. EASEMENT — 0.045 ACRES S89'43'30"W 202.40' SECTION 1, TRACT 7 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) 10' D.M.E. Easement 0.045 Acres in the J. Bacon Survey, Abst. No. 1541 City of Denton Denton County, Texas — 2009 — 5/8-I.R.F. BEARS N89723'31 wE 0.49' / N8923'31 "E 1675.35' 5/8" I.R.F. R.O.W. DEDICATION (CAB. Y, PG. 169) rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 -• Fax972-221-4675 220 SIm Street, Suite 200 — P.O. Box 54 LewisviIIe, Texas 75067 u; \euuo\uu\rnuaoe — u,m ,. .... ... ... ..w[\awq \[ouoo.—a.m[vo.awy u/e�LuuM t. -[;.. Yx ... EXHIBIT B 1 OF 3 rthur Surveying Co., Inc. pro-essian--d I -and Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 D.M.E. EASEMENT 1.896 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS .BEING all that certain lot, tract or parcel of Iand situated in the B.B.B. and C. R.R. Survey, Abstract Number 192, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 5, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of that certain tract of land described in deed to Dianne Davis Atkinson, Jack D. Atkinson, Wallace E. Davis, Jr. and Mary V. Davis, recorded in Volume 612, Page 430 of the Deed Records of Denton County, Texas, from which a %Z inch iron rod found bears South 00 degrees 32 minutes 00 seconds West, a distance of 31.76 feet; THENCE North 00 degrees 32 minutes 00 seconds East, with the east.line of said Atkinson tract, a distance of 20.00 feet to a point for corner; THENCE over, across and through said Rayzor tract the following four (4) calls: North 89 degrees 23 minutes 31 seconds East, a distance of 1517.42 feet to a point for comer; North 89 degrees 13 minutes 36 seconds East, a distance of 577.31 feet to a point for comer; North 89 degrees 23 minutes 16 seconds East, a distance of 588.18 feet to a point for comer; North 88 degrees 11 minutes 00 seconds East, a distance of 319.74 feet to a point in the west line of Lot 2, Block 1, Harley Addition, an addition. to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Page 373 of the Plat Records of Denton County, Texas; THENCE South 22 degrees 22 minutes 39 seconds East, with the west line of said Lot 2, a distance of 46.03 feet to a 5/8 inch iron rod found in the north line of Jim Christal Road; THENCE in a westerly direction with the north line of said Jim Christal Road the following two (2) calls: South 88 degrees 11 minutes 00 seconds West, a distance of 335.90 feet to a 5/8 inch iron rod found; c:12008\cod\280869 - jirn christal dme easement\docs\280869_esmt13.doc EXHIBIT B 2OF3 rthur S urveying Co., Inc. Pro- essic�.na.1 Land Sxzrveyymrs P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 --- Fax: (972) 221-4675 South 89 degrees 28 minutes 23 seconds West, a distance of 593.48 feet to a point at the beginning of a non -tangent curve to the left having a radius of 805.00 feet; THENCE over, across and through said Rayzor tract the following three (3) calls: Continuing with said curve an are length of 191.16 feet, having a delta angle of 13 degrees 36 minutes 21 seconds, whose chord bears North 84 degrees 05 minutes 27 seconds West, a distance of 190.71 feet to a point for comer; South 89 degrees 13 minutes 36 seconds West, a distance of 383.41 feet to a point for comer; South 89 degrees 23 minutes 31 seconds West, a distance of 1517.85 feet to the POINT OF BEGINNING, and containing 1.896 acres of land, more or less. c:120081cod1280869 - jim christal dme easementldocs1280869 esmt13.doc Z (� ys ?o a� } o¢r. �Z* iL z <.< sW 0 U wa z a LINE TABLE LINE BEARING LENGTH L1 N00'32'00"E 20.00' L2 S2222'39"E 46.03' L3 S00'32'O0"W 31.76' L4 S00'32'00"W 23.25' L5 N00'53'53"W 40,00' CURVE TABLE CURVE I RADIUS I LENGTH I DELTA CHD BRG CHORD Cl 1805.00'1 191.16' 13'36'21" N84'05'2711W1 190.71' LLI SECTION 1, TRACT 5 z RAYZOR INVESTMENTS, LTD. J (VOL 1796, PG. 601) D.M.E. EASEMENT 1.696 ACRES N89'23'31 "E 1517.42' N89'13'36"E 577.31' 1r ' P. ((0, J3. S89.23'31 "W 1517.85' S89'13'36"W 383.41' L( JIM CHRISTAL ROAD b- 5/8" I.R.F. p LOT 2, BLOCK A SECTION 3, TRACT 8 (C.M.) Y WESTPARK ADDITION, PHASE 2 RAYZOR INVESTMENTS, LTD. (CAB. Y, PG. 169) (VOL. 1796. PG. 601) (, LLI SECTION 1, TRACT 5 REMNANT OF JIM CHRISTAL ROAD I RA SEC INVESTMENTS, LTD. (AS SHOWN ON SURVEY BY JERRY CURTIS ASSOCIATES, LOTHARIR, BLOCK I ADDITION (VOL 1796, PG. 60i) INC. DATED 10/31/2006) �� N88'11 00 E(CAB. V, PG. 373) 577.31' N8923'16"E 588.18' 319.74' D.M.E. EASEMENT — 1.896 ACRES .41 flC1 S89'28'23"W 593.48' S e" I.R.F. '11'00"W JIM HRISTAL ROAD �, (c M.) 335.90' 5/8" I.R.F. 5/8" I.R.F. F (C.M.) (C.M.) I r R.O.W. DEDICA17ON TO E. W. BELCHER AND r CITY OF DENTON O WANDA M. BELCHER SECTION 3, TRACT 8 `(INSTR. NO. 93-ROO22795) `Q� (VOL 503, PG. 427) RA(VOL 1NVESTME1796, PGN 01)TD, SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) A,f EXHIBIT B 3OF3 D.M.E. Easement 1.896 Acres in the B.B.B. & C. R.R. Survey, Abst. No. 192 City of Denton Denton County, Texas - 2009 - v Et' P i ti,-z / rthur SurveyN 0.) Inc. Professional Land Surveyors 972 221-9439 -- Fax 972-221-4675 220 Blm StceeA Suite 200 -- P.O. Box 54 LewissiIIe, Texas 75067 C:\2008\COO\28D869 — Jim ChrnLal OWE Ec—mL\dwq\280869——tl3.dK9 9/9/2009 4:25:25 PM CDT EXHIBIT C 1 OF 2 rthur Surveying Co., Inc. Rz-oTessionaI1Gand Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 --- Fax: (972) 221-4675 16' D.M.E. EASEMENT 0.147 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 3, Tract 8, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a %Z inch iron rod found at the northwest corner of Lot 1R, Block 1, Browne Industrial Park, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 330 of the Plat Records of Denton County, Texas, said point being in the south line of Jim Christal Road, having a variable width right-of-way; THENCE South 00 degrees 07 minutes 40 seconds West, with the west line of said Lot 1R, a distance of 16.00 feet to a point for corner; THENCE South 89 degrees 41 minutes 39 seconds West, over, across and through said Rayzor tract, a distance of 399.20 feet to a point in the east line of that certain tract of land described in deed to E. W. Belcher and Wanda M. Belcher, recorded in Volume 503, Page 427 of the Deed Records of Denton County, Texas; THENCE North 00 degrees 39 minutes 47 seconds West, with the east line of said Belcher tract, a distance of 16.00 feet to a point for corner; THENCE North 89 degrees 41 minutes 39 seconds East, over, across and through said Rayzor tract, a distance of 399.42 feet to the POINT OF BEGINNING, and containing 0.147 acres of land, more or less. c:\2008\cod\280869 - jim christal dme easement\docs\280869 esmt10.doc PART OF RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) E W. BELCHER AND WANDA M. BELCHER (VOL 503. PG. 427) w v 5/6" I.R.F. (C.M.) LINE TABLE LINE BEARING LENGTH L1 S00'07'40"W 16.00, L2 N00'39'47"W 16.00' L3 N00'39'47"W 29.33' L4 S8946'58"W 45.55' L5 N2222'39"W 42.72' L6 300'07'40"W 28.71' LOT IR, BLOCK 1 HARLEY ADDITION (CAB. V, PG 373) 383.23' S89'48'21"E 415.80' JIM CHRISTAL ROAD 389'46'58"W 354.27' 1wrw _. G/iJGIVIGIV I — U. 14/ ;89'41 39 W 399.20 SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) EXHIBIT C 2OF2 16' D.M.E. Easement 0.147 Acres in the J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - I.R.F. R.F. R.O.W. DEDICATION (CAB. L, PG. 107) M") 1 16' UTTL ESMT. — (L/107) 40' DME ESMT. — (W/330) 25' DRNG. & ESMT. IDETENTION (W/330) o Ci z LOT 1R, BLOCK 1 Z I BROWNE INDUSTRIAL PARK o (CAB. W, PG. 330) m a a � 1 Cc � Cc h � I � aL a U i I W W w Arthur Surveying Co., Inc. Professional Land Surveyors 972 221 9439 •-- Fax972-221-4675 220 Mm Street, Suite 200 — P.O. Box 54 Lewisville, Texas 75067 C:\2DOB\000\280869 - J. Ch,i.lal DME E..—t\dx9\280889_. 00.dx9 9/9/2009 4:24:00 PM COT EXHIBIT D 1 OF 4 Arthur Surveying Co., Inc. -'ratessi®xxal T-and Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 16' D.M.E. EASEMENT 1.674 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James Perry Survey; Abstract Number 1040 and the Eugene Pulchaski Survey, Abstract Number 996, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 3, Tract 8 and Section 6, Tract 1, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being in the east line of a Right of way Dedication to the City of Denton as shown in said Westpark Addition, Phase 2, also being in Jim Christal Road, a public roadway, and from which a 5/8 inch iron rod found bears North 01 degree 07 minutes 01 second East, a distance of 25.02 feet; THENCE over, across and through said Rayzor tract the following five (5) calls: North 89 degrees 13 minutes 36 seconds East, a distance of 385.42 feet to a point at the beginning of a curve to the right having a radius of 695.00 feet and from which a 5/8 inch iron rod found bears North 00 degrees 40 minutes 26 seconds West, a distance of 15.00 feet being at the most north southwest comer of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 93-R0022195 of the Real Property Records of Denton County, Texas; Continuing with said curve an arc length of 713.44 feet, having a delta angle of 58 degrees 48 minutes 57 seconds, whose chord bears South 61 degrees 29 minutes 41 seconds East, a distance of 682.52 feet to a point from which a 5/8 inch iron rod found bears North 57 degrees 46 minutes 51 seconds East, a distance of 15.00 feet being in the southwest line of Oak Street, having a 80 foot right-of-way; South 32 degrees 05 minutes 18 seconds East, a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 805.00 feet, from which a 518 inch iron rod found bears North 57 degrees 54 minutes 42 seconds East; a distance of 15.00 feet being in the southwest line of said Oak Street; Continuing with said curve an arc length of 1127.00 feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears South 72 degrees 11 minutes 44 seconds East, a distance of 1037.19 feet to a point for comer, c:\2008\cod\280869 - jim cluistal dme easement\docs\280869_esmt12.doc EXHIBIT D 2OF4 rthur SurveyingCo.} Inc. -Frofessianai -Land Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 North 67 degrees 41 minutes 52 seconds East, a distance of 225.07 feet to a point in the southwest line of Kansas City Southern Rail Road, having a variable width right-of-way; THENCE South 22 degrees 23 minutes 18 seconds East, with the southwest line of said Kansas City Southern Rail Road, a distance of 20.00 feet; THENCE over, across and through said Rayzor tract the following five (5) calls: South 67 degrees 41 minutes 52 seconds West, a distance of 225.10 feet to a point for corner, being at the beginning of a curve to the right having a radius of 825.00 feet; Continuing with said curve an are length of 1155M feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears North 72 degrees 11 minutes 44 seconds West, a distance of 1062.96 feet to a point for comer; North 32 degrees 05 minutes 18 seconds West, a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 675.00 feet; Continuing with said curve an are length of 692.93 feet, having a delta angle of 58 degrees 49 minutes 04 seconds, whose chord bears North 61 degrees 29 minutes 45 seconds West, a distance of 662.90 feet to a point for comer; South 89 degrees 13 minutes 36 seconds West, a distance of 3 86. 10 feet to a point in the east line of Lot 2, Block A of said Westpark Addition; THENCE North 01 degree 07 minutes 01 second East, with the east line of said Lot 2, a distance of 20.01 feet to the POINT OF BEGINNING, and containing 1.674 acres of land, more or less. PY m C a..5.002 �•;Cr r P ,' c:\2008\cod\280869 - jim christal dme easement\docs\280869 esmt12.doc PART OF RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) 5/8' JIM CHRISTAL ROAD N89'13'36 "E (C M.)I.R.F. 385.42' L4 Z! S89'13'36"W 386.10' oa w o� 3 m I O¢ C .V.. LINE TABLE LINE BEARING LENGTH L1 S22'23'18"E 20,00' L2 N01'07'01 "E 20.01' L3 SOt'07'01 "W 25.02' L4 N00'40'26"W 15.00' L5 N57'46'51"E 15,00' L6 N57'54'42"E 15,00' L7 S2223'18"E 95.00' REMNANT OF JIM CHRISTAL ROAD (AS SHOWN ON SURVEY BY JERRY CURTIS ASSOCIATES, INC. DATED 1013112006) PART OF RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) R-69 4 S61 2g , .40 ¢8 R 4, N67 29 Op8 4s, �s9 2\ 0. 20' D.M.E. EASEMEN 1.674 ACRES SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) EXHIBIT D 3OF4 20' D.M.E. Easement 1.674 Acres in the E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas — 2009 — SHEET 1 of 2 ,4L L5 5/81.R.. g.F G. (C.M.) #,��6. R.O.W. DEDICATION TO CITY OF DENTON (INSTR. NO. 93-R0022195) , Inc. 1'roiessional Land Surveyors 972 221-9439 -- Fax 972-221-4675 220IIm Street, Suite 200 — P.O. Box 54 LewisviUa, Texas 75067 C:\2008\COD\2B0869 - Jim Chridd DME Ea—nt\dwa\280B69_—tl2.dwa 2/9/2009 4:24:41 PM COT IW ' J IU Q ' SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) 518" I.R.F. SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) 20' D.M.E. EASEMEN 1.674 ACRES 518" I.R.F. (C.M.) EXHIBIT D 40F4 LINE TABLE LINE BEARING LENGTH L7 S22 23'18"E 20.00' L2 N01'07'01 "E 20.01' L3 S01'07'01"W 25.02' L4 N00'40'26"W 15.00, L5 N5746'51 "E 15.00' L6 N57'54'42"E 15.00' L7 S2223'18"E 95.00' LOT TR, BLOCK 1 \ \ BROWNE INDUSTRIAL PARK (CAB. W, PG. 330) \ DRAINAGE AND o I I DETENTION EASEMENT (CAB. IN, PG. 330) 8 W SECTION 6, TRACT 1 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) ':�4 � O '0 N�� t Cl) �Z-A 1 o N T-R 5' L: 0 1.A*; , 52 o OAK STREET 2�,A115. ��25 77 O5 037 19' S6 22510 2- '¢4 „T� 1 259 R.O.W. DEDICCITY OF NSTRA NO. 3O RO 2 ►►YY219 6 SECTION 6, TRACT 1 RAYZOR INVESTMENTS, LTD. p (VOL. 1796, PG. 601) /Q� a \ 00. go, 1270 20' D.M.E. Easement 1.674 Acres in the E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - SHEET 2 of 2 aamm F I.R.F. rthur Surveying' C. Professional Land Sul veyors 972-221-9439 — Fax 972-221-4675 220 Elm street, suite 200 -- P.0. Box 54 Lewisville, Texas 75067 C:\2008\COD\28D869 — J. WNW OME E..—t\4.q\280869—.—tl2.d.q 9/9/2009 4:24:43 PM CDT EXHIBIT E 1 OF 4 rthur Surveying Co., Inc. pz-a essialcP.w za-aci Surv'eyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 16' D.M.E. EASEMENT 1.043 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James Perry Survey, Abstract Number 1040 and the Eugene Puchalski Survey, Abstract Number 996, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 3, Tract 8 and Section 6, Tract 1, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the southwest line of Kansas City Southern Rail Road, having a variable width right-of-way, from which a % inch iron rod found at the most west northwest comer of that certain tract of land described in deed to the City of Denton, recorded under Instru#M-ent Number 93-R0022195 of the Real Property Records of Denton County, Texas, from which a 5/8 inch iron rod bears South 22 degrees 18 minutes 36 seconds East, a distance of 15.00 feet, said point being in the northwest line of Oak Street, having a 85 foot wide right-of-way; THENCE over, across and through said Rayzor tract the following four (4) calls: South 67 degrees 41 minutes 52 seconds West, a distance of 224.92 feet to a point, being at the beginning of a curve to the right having a radius of 695.00 feet; Continuing with said curve an are length of 973.00 feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears North 72 degrees 11 minutes 44 seconds West, a distance of 895.47 feet, from which a 5/8 inch iron rod found bears South 57 degrees 54 seconds 56 seconds West, a distance of 15.00 feet, being in the northeast line of said Oak Street; North 32 degrees 05 minutes 18 seconds West, a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 805.00 feet; Continuing with said curve an arc length of 228.23 feet, having a delta angle of 16 degrees 14 minutes 41 seconds, whose chord bears North 40 degrees 12 minutes 33 seconds West, a distance of 227.47 feet to a point in the south line of said City of Denton tract and also being the south line of Jim Christal Road, a public road way; THENCE continuing with the south line of said Jim Christal Road the following two (2) calls: North 39 degrees 31 minutes 58 seconds East, a distance of 35.56 feet to a point at the beginning of a curve to the right having a radius of 280.57 feet; Continuing with said curve an are length of 219.35 feet, having a delta angle of 44 degrees 47 minutes 36 seconds, whose chord bears North 61 degrees 55 minutes 50 cA2008\cod\280869 - jiin christal dme easement\docs\280869 esmtl Ldoc EXHIBIT E 20F4 Arthur Surveying Co., Inc. Rratessianal Land Surveyors P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221-9439 — Fax: (972) 221-4675 seconds East, a distance of 213.80 feet to a point in the west line of that certain tract of land described in deed to E. W. Belcher and Wanda M. Belcher, recorded in Volume 503, Page 427 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 40 minutes 01 second East, with the west line of said Belcher tract, a distance of 16.06 feet to a point at the beginning of a non -tangent curve to the left having a radius of 264.57 feet; THENCE over, across and through said Rayzor tract the following six (6) calls: Continuing with said curve an are length of 205.44 feet, having a delta angle of 44 degrees 29 minutes 23 seconds, whose chord bears South 61 degrees 46 minutes 43 seconds West, a distance of 200.31 feet to a point for corner; South 39 degrees 31 minutes 58 seconds West, a distance of 20.29 feet to a point at the beginning of a non -tangent curve to the right having a radius of 821.00 feet, Continuing with said curve an are length 217.35 feet, having a delta angle of 15 degrees 10 minutes 06 seconds, whose chord bears South 39 degrees 40 minutes 16 seconds East, a distance of 216.72 feet to a point for comer; South 32 degrees 05 minutes 18 seconds East; a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 679.00 feet; Continuing with said curve an are length of 950.60 feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears South 72 degrees. 11 minutes 44 seconds East, a distance of 874.85 feet to a point for comer; North 67 degrees 41 minutes 52 seconds East, a distance of 224.92 feet to a point in the southwest line of said Kansas City Southern Rail Road; THENCE South 22 degrees 18 minutes 36 seconds East, with the southwest line of said Kansas City Southern Rail Road, a distance of 16.00 feet to the POINT OF BEGINNING, and containing 1.043 acres of land, more or less. c:\2008\cod\280869 - jim christal dme easement\docs\280869 esmtl l.doe r ' ..... v�. .............f,—Ltl_EY III t�...;:Q..:5 0.......::... 00 i � 5/8• I.R.F. (C.M.) 5/8• I.R.F. SECTION 3 TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) of IL i LOT 1R, BLOCK 1 of BROWNE INDUSTRIAL PARK Q (CAB. A PG. 330) �I W ofF �I z ul N89'09'39"W 4f19 94' LINE TABLE LINE I BEARING LENGTH L1 N39'31'58"E 35.56' L2 S00'40'01 "E 16.06, L3 S39'31'58"W 20.29' L4 S22'18'36"E 16.00, L5 S22'18'36"E 15.00' L6 N5754'56'E 15.00' L7 S22'23'18'E 80.00, CURVE TABLE CURVE RADIUS LENGTH DELTA CHD BRG CHORD C1 805.00' 226.23' 16'14'41" N4012'33"W 227.47' C2 260.57' 219.35' 4447'36' N61'55'50'E 213.80' C3 264.57' 205.44' 44'29'23' S61'46'43'W 200.31' C4 821.00' 217.35' 1510106" S39'40'16'E 216. ' DRAINAGE AND DETENTION EASEMENT (CAB. W. PG. 330) 1 31 a I S SECTION 6, TRACT 1 RAYZOR INVESTMENTS, LTD. >Z I 2z (VOL. 1796, PG. 601) =U U� z a� t3 w m W 16' D.M.E. EASEMENT 1.043 ACRES EXHIBIT E 3OF4 9 00 72.52,. 77.44' —__950.60 9�, �80• 874.85' 00' 72 p5:e R 0 44' `973 00, 89 > 5 47' \ 7' O co N CZ -13 a �N O t fv ✓ r-A 1 1 }art Ln N o mLA d OAK STREET ,52'E N6�•Zt� 92 n SECTION 6, TRACT 1R.O.W. DEDICATION TO CITY OF DENTON RAYZOR INVESTMENTS, LTD. QNSTR. NO. 93-R0022195) (VOL. 1796, PG. 601) 16' D.M.E. Easement 1.043 Acres in the rthur Surveying Co., Inc. E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 Professional Land Surveyors City of Denton 972221-9439 -- Fax972-221-4675 Denton County, Texas 220Mm street; Suire200 -- P.O. Box54 — 2009 — Lewisville. Texas 75067 SHEET I of 2 .S C:\2008\C0D\280869 —Jim Chrl.tal DME Ea.vaaat\dw \280869_e tll.dwa 9/9/2009 4:24:17 PM MT CURVE TABLE CURVE RADIUS LENGTH DELTA I CHD BRG I CHORD Cl 805.00' 228.23' 76'14'41' N4012'33"W 227.47' C2 280.57' 219.35' 44'4736" N61'55'50"E 213.80' C3 264.57' 205.44' 44'29'23" S61446'43'W 200.31' E4 821_DO' 217.35' 15'10'06" S39'40'16"E 216.72' REMNANT OF JIM CHRISTAL ROAD r0 (AS SHOWN ON SURVEY BY JERRY CURTIS � LOT 1R, BLOCK 1 ASSOCIATES, INC. DATED 1013112006) RTOF , HARLEY ADDITION RAYZOR INVESTMENTS, LTD. �p (CAB. V, PG. 373) (VOL 1796. PG. 601) \ w PART OF RAYZOR INVESTMENTS, L (VOL 1796, PG. 601) 5/8' I.R.F. (C.M.) O tSZa SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD (VOL. 1796, PG. 601) I1 E. W. BELCHER AND WANDA M. BELCHER (VOL 503, PG. 427) 6 5/8" I.R.F. i'36'24"E 330.93' (C.M.) 6' D.M.E. EASEMENT 1.043 ACRES SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) EXHIBIT E 40F4 16' D.M.E. Easement 1.043 Acres in the E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - SHEET 2 of 2 UTILITY EASEMENT 9. L, PG. 707) 40' DME EASEMENT 0 zl (CAB. W, PG. 330) d � 2 U F- Q U m MI N Q Q I I N � a EL -j a y a m? Q w�Wm 0 m / 5/8` I.R.F. N89'09'39' / (C.M.) rthur - Surveying Co., Inc. Professional Land Surveyors 972 221-9439 -- Fax 972 221-4675 220 Elm Street Suite 200 — P.O. Box 54 Lewisville, Texas 75067 C\2008\CAD\280869 — Jm Chdatal ONE Eo&—nt\dxo\290969_auntll.d— 9/9/2009 4.24:17 PN CAT