Loading...
HomeMy WebLinkAbout1981 DANN PECAR NEWMAN TAUSNICK A XLEIMAN A A OF I WON AL C 0 A FOR AT ION A rtoM.a,go AT LAS. T.[OCD.[. DANN 1400 MARKET SVOADE CENTER A M RIP D PECAN ISI NOR TN DEL AVVA P1E STREET No..AN. N[wM N INDiANAFI INDIANA 44704 [TAMI[V IALLMKI OIII.R 1111 DAVIY M .LIII D A00 : 0. .01 A, lLHN - LAA[41C[ I D~.OC.[ PAUL • [L[IM IUDITM I NAT! MAILIMD ADDADI[ MrLVId[DANI[L November 30, 1981 n IINV A As 0 INDIANA►OLIS.INDIANA UI/D LINDA ■ CANTDA Burt R. So.lomons, Esq. Office of the City Attorney City of Denton Municipal Building Denton, Texas 76201 Re: Golden Triangle Mall Shopping Center, Denr.on Texas - REA Amendment and Casement Revisions Dear Burt: The recording of the documentation necessary for the amend- ment of the REA and the easement revisions at the Golden Mall Shopping Center, Denton, Texas, have been completed. I apologize for any time delay in this mater, but it took almost a full year to obtain the final signature. In this regard, on behalf of Denton Mall Company, I enclose herewith a copy of the REA Amendment, tygether with a copy of the Termination of Easement Agreement and .:he new Easement Agreement recorded in order to conform the City utility lines to the easement areas, and a copy of the new Easement Agreement from Wileon and Ward to the City. I appreciate your courtesy and cooperation in this transaction. Please advise if I can supply you with any additional information. Kindest regards, DANN PECAR NEWMAN TALESNICK 6 KLEIMAN, Professional Corporation Paul S. Elkin PSP,/mih Enclosure ccr Milton Learn:. Martin Mazany 'n CITY OF DENT ON TEXAS OFFICE OF THE CITY A'"TORNEY MEMORANDUM C.J. Taylor, Jr., City Attorney U Joe D. Morris, Assistant City Attorney ciy cr ocn~uo Robert B. Hunter, Assistant City Attorney ED cbs«a,,a'~ama DATE: April 1, 1982 'APR 2 ig$p TO: Charlotte Allen, City secretary FROM: C. J. Taylor, Jr., City Attorney SUBJECT: Golden Triangle Mall Shopping Center, Denton, Texas REA Amendment and Easement Revisions Attached are the following instrcmients: 1. Easement Agreement dated December 12, 1990; 2. Second Amendment to Construction, Operation and Reciprocal Easement dated January 22, 1081; 3. Termination of Easement Agreement dated December 12, 1980; 4. Easement Agreement dated January 20, 1981. Please the and index in your office for future use by the Water, Sewer and Electrical Departments of the City of Denton. T 1 LOP,, JR. CJTJR:js xc: Chris Hartung, City Manager Bob Nelson, Director of Utilities Attachments .2 -7 I;:i 1 7 i i! e: I S STATE OF TEXAS ) 1F;-L SS: C6b' fi Q7 El. i*_7L COUNTY OF DENTON EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, DENTON MALL COMPANY, a Texas limited partnership, having an office at 1712 North Meridian Street, Indianapolis, Indiana 46202, McCLURKAN'S, INC., a Texas corporation, of P. 0. Box 1710, Witchita Falls, Texas, J.C. PENNEY PROPERTIES, INC., a Delaware Corporation, having its principal office at 1301 Avenue of the Americas, New York, New York 10019, SEARS, ROEBUCK AND CO., a New York Corporation, having its principal office at Sears Tower, Chicago, Illinois 606134, MONTGOMERY WARD DEVELOPMENT CORPORATION, a Delaware corporation, having an office at One Montgomery Ward Plaza, Chicago, Illinois 60671, CONSTRUCTION DEVELOPERS, INCORPORATED, an Arkansas corporation having its principal office at 900 West Capital Avenue, Little Rock, Arkansas 72203, and H.J. WILSON, CO., INC., a Louisiana corporation having its principal office at 5825 Forida Boulevard, Baton Rouge, Louisiana 70806 (herein- after collectively referred to as "GRANTOR") for and in consi- deration of the sum of One and 00/100 Dollars ($1.00) in hand paid, the receipt and sufficiency of which is hereby acknow- ledged and confessed, does hereby GRANT, BARGAIN, SELL and CONVEY UNTO THE CITY OF DENTON, IN DENTON COUNTY, TEXAS, a municipal corporation, as a part of its utility control and distribution system, its successors and assigns (hereinafter called "GRANTEE"), an easement over, upon, under and across the real estate located in Denton County, Texas, described in Exhibits "A" and shown on Exhibit "B", both of which are annexed hereto and made a part hereof (said real estate located 12/2/80 , within the easement hereinafter being referred to as the "easement area") for the purposes of laying, installing, constructing, maintaining. operating, inspecting, altering, replacing and removing subsurface distribution lines and conduits for water, sewer, electrical and telephone utility service, to serve commercial customers who conduct businesses on lands of Grantor and others, said lands to comprise what is known as the Golden Triangle Mall Shopping Center in the County of Denton, State of Texas. It is understood and agreed that the easements described in Exhibit "A" and shown on Exhibit "B" are solely for the purpose of granting to the Grantee easements to lay, install, construct, maintain, operate, inspect, alter, replace and remove said distribution lines and conduits, except that Grantee shall have the right to excavate and perform necessary work upon the surface of the easement areas as and when required to install, repair, replace remove and relocate such electric distribution lines and conduits. Grantee shall not erect, install or maintain any structures or improvements on the surface of the easement area described in Exhibits "A' and "B", except that Grantee may install, operate and maintain such fixtures and equipment on the surface areas of the ease- ments as may be necessary to provide electric, water and sewer service to the aforementioned commercial customers, including but not limited to transformers, switches, power factor cor- rection equipment, meters and manholes, provided that any such surface fixtures and equipment shall be installed and main- tained on the easement areas in such a manner and at such locations as not to unreasonably interefere with the use and enjoyment of the surface of the easement areas by Grantor and its successors, assigns, tenants and invitees, for shopping center buildings, driveways, roadways, and parking of motor I _ 2 _ vehicles within the shopping center located on the real estate owned by Grantor. Grantee's subsurface lines and conduits shall be buried to such a depth below the surface so as not to interfere with Grantor's permissible use of the surface area of the easement. Grantee shall have the right. to ingress and egress over, upon and across any driveways and roadways located on the surface of the lands owned by Grantor upon and within the boundaries of which the easement area is located, for purposes of access to the easement area. Grantee also shall have the right from time to time to cut and remove all trees, undergrowth and other obstructions within or immediately surrounding the easement areas which may injure, endanger or interfere with Grantee's use and enjoyment of the easements granted herein, all of which work shall be done at Grantee's sole cost and expense. Grantor shall not, without the prior written consent of Grantee, erect or maintain any permanent structures or improve- ments upon the surface of the easement areas or perform any act which would impair or interfere with Grantee's use and enjoyment of the easements herein granted; PROVIDED, HOWEVER, notwithstanding anything to the contrary herein contained, Grantor expressly reserves the right to pave the surface of the subsurface easement areas with porous asphaltic or other suitable hard surface paving material, and to use the same for the parking of motor vehicles and for driveways, roadways and sidewalks, and for other purposes which will not interfere with Grantee's full use and enjoyment of the subsurface easement right hereby granted. If the surface of the easement areas or any improvements are disturbed by Grantee at any time and from time to,time by the installation, repair, maintenance, removal, replacement or other work in connection with said distribution lines and 3 - conduits, Grantee at its sole cost and expense, shall repair and restore the surface of the easement areas or the improve- ments to substantially the same condition which existed immed- iately prior to any such disturbance, including, without limitation, any an(' all necessary repairs and replacement of pavement which may be removed and excavated by Grantee in the course of doing any such work within the easement areas. Any work done by Grantee upon or within the easement areas at any time and from time to time shall be cone at such a time and in such a manner as will cause a minimum of interference with the business being conducted by Grantor in the shopping center upon its land surrounding and adjoining the easement areas, but nothing herein contained shall prevent or prohibit the Grantee from performing any of its work during rormal and customary daylight business hours. The Grantee shall, at the request of the Grantor, at any time, and from time to time, remove its distribution lines and conduits and other facilities from the easement area and release and quitclaim the easement to the Grantor, provided that the Grantor furnishes the Grantee an equivalent easement which will permit the continuation of utility service to customers other than Grantor whose service may i dependent upon the easement granted herein on the same terms as herein at another uuitable location on Grantor's said land, and provided furcher such relocaticn of the lines and conduits shall be at the sole cost and expense of the Grantor. it is understood and agreed that the same or sli.llar easements and rights to use the easement area as are hereby granted to Grantee hereunder also have been or will be granted by Grantor to one or more other public utilties or municipal corporations or authorities for the purposes of laying, install- ing, constructing, maintaining, operating, inspecting, alter- ing, replacing and removing subsurface lines, pipes and con- duits in common with Grantee hereunder on the same or similar 4 - t terms, and that to this extent the rights of Grantee hereunder shall be non-exclusive and joint and mutual with the rights of any such other grantees, and that Grantee shall have the non- exclusive right to use the easement areas in common with each such other grantee for such use and purposes. The Grantor hereby reserves the right to grant easements to -other utilities or services which may intersect o: transect the easements granted hereunder. Any easement granted to a utility or service intersecting or transecting the easements granted hereunder shall be subject to the rights of Gantee herein, and shall not be incompatible with, or interfere with, the contir,iing use of the easements granted hereunder. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the rights and easements herein granted shall be used by Grantee for the express purposes and upon the terms and conditions specified, with ingress to and egress from the easement areas, for the purposes of constructing, installing, repairing, maintaining, replacing and removing the facilitic- of Grantee herein described, but subject to all liens, e,icumbrances, restrictions and prior easements of record. PROVIDED, HOWEVER, notwithstanding anything to the contrary herein contained, the rights and easements herein granted shall be released and vacated by Grantee upon cessation by Grantor of the use of Its land surrounding and adjoining the easement area as a shopping center, unless Grantee reason- ably requires the continued use and maintenance of either easement as part of its distribution system for continuation of utility service to customers, other than Grantor, whose service may be dependent upon the easements granted herein. It is understood that these easements are granted primarily for the purpose of furnishing utility service to the shopping center buildings located upon the Grantor's land. Grantee shall Indemnify, defend and hold harmless the Grantor, its successors and assigns, from and against any and - 5 - 1111110 all loss, cost, damage, expense, liability, claims, demands, actions and causes of action arising out of or resulting from Grantee's use and enjoyment of the easements and the installa- tion, maintenance and operation of said lines and conduits by Grantee, including, without limitation, any and all claims and actions fOL personal or bodily injury, including death, to any person, and damage to the property of any party. It is agreed that this grant covers all the agreements between the parties and that no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this agreement. This instrument shall be binding upon the parties, their successors and assigns. IN TESTIMONY WHEREOF, the Grantor herein has executed this conveyance this the L day of n.e.Mb.r , 1980 DENTON MALL COMPANY a Texas limited partnership By Dento Develo ers, a Texas limited artner ip, General Partner By: de ~e 6,MaN. Genera Partner STATE OF INDIANA ) SSt COUNTY OF MARION ) Before me, a Notary Public in and for said County and Statel on this day personally appeared known to me to be the person whose name is subscribed to he foregoing instrument, and known to me to be a General Partner in DENTON DEVELOPERS, a Texas limited partnership, general partner of DENTON MALL COMPANY, a Texas limited partnership, and acknow- ledged to me that he executed said instrument for the purposes and consideration therein expressed, and as the act of said limited partnership. Given under my hand and seal of office this 0 day of a"d"A•e , 198/_- / o I Notary Publ c My Commission Expires: ` Jo nNrl ores! ' Ely l~+i'tR;:..:1i S,•.~',~iL1 My County of Residence iss `County tf -6- CITY OF DENTON# a Texas municpal corpora ion By ! ayor Y ~ttes City Clerk STATE OF TEXAS I ee. COUNTY OF DENTON } Before me, a Notary Public, in and fpr said County and ~J State, on this day personally appeared _'S,;c kogat 0. STe"ar i ,,the MAYOR OF DENTON, whose name is s bscr ed to t e orego ng instrument and acknowledged to me that the same was the act of the CITY OF DENTON, TEXAS, a municipal corpora- tion, and that he executed the same as the act of said muni- cipal corporation for the purposes and consideration expressed, and in the capacity therein stated. G~iiven under my hand and seal of office this day of 1981. IOY1. ~✓f.l Not 'y Publ c My Commission Expires: ; r ' r ~~r J. C. PENNEY PROPERTIES, INC., a Delaware corporation 1 {mod.-t11 e--~e.~~~.• Y Attest: By i ~`y~yrl/~s~~ FPPRD FD ~~~'»a...Tl:=iJ~7!J~fy~"ill SL-CIVET ~r:Y, II^- -r-- ~rranH,r STATE OF ~~Iyyy} SS: COUNTY OF 1.13 } On this I day of rk" , 1981, before me, a Notary Publican and for ~ya1 Coun and State, on this day personally appeared A. H. AM4N, JR_. known to me to be the wcEPR~si1 of J. C. PENNEY PROPERTIES, INC., one of the corporal ons described in the foregoing instrument, and acknow- ledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corpora- tion by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth, In Witness Whereof, I heFeunto set my h pd and o facial seal. otary' Pu c My Cenraission Expires: NOTARYOP BBl_C.M..,1H ~RSn~ N+w Yr.4 R0. X1.4 ;2'1710 u~V12d in Queens County Cervf tale Filed in New York County Commission Expires March 30, 1982 Il 8 - ~AM ' Y SEARS, ROEBUCK AND CO., a New York corporation i ?9l" t/ Executive Vice President Attcst: A ~ t t 1 2> yv~•v,s sw A`s'sistant Secretary STATE OF' -ZX/` ~ ) I SS: COUNTY OFD . 1_ 14_0J ) On tt,is 5 day of !L.•zaL.c c. 198/, before me, a Notary Public T and f Sa d Couc: y and State, on this day personally ap eare~l~ `L~G~ nc!^ cr//~~ known to me to be the of SEARS, NOEBUCK AND CO., one of th corporations escribed in the foregoing instrument, and acknowleiged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corp- oration by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corp- oration to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set.my hand and official seal. Ub.1 L Notary Pu c Celeste McCown, Notary Public 11 My Commission Expiresr and for Ca',ics Count/, Teas Jle 9 - Signature Page Easement Agreement Golden Triangle Mall Denton, Texas MONTGOMERY WARD DEVELOPMENT CORPORATIONt a Delaware corporatign By Attest: ME PREMENT & THAN( 'Q SeercgL(ir/ STATE OF ;tjIMo/S ) SS: COUNTY OF Cook ) re~ on this a,3 day ci , 1981, before me, a Notary Public'-in and for a d au ty and state, on this day pe sonally appeared t known to me to be tha ViCcl. ~rc5 IGie +Ta~~(rfASti_r~ r n MONTGOMERY ARD DEVELOPMENT CORPORATION, one of-t-e-corporations described in the foregoing instrument, and acknowledged that as such otticer, being authorized so to do, corpora- tion executed by subscribing foregoing name instrument of said corporationfbyahimselfoas such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. Notary Pub c i My Commission Expires: I My Commission Expires 9-18.89 I .111, .1 I l I , r 10 - H. J. WILSON CO., INC., a Louisiana corporation sy , 7Y+tiJ , c Attest' , %'C:Y~~G-P~~' , fkS~ .~'t~K STATE OF,~scc~~tat~«' GP%r~' s~.T CG.+f•~~ SS: 6UNTY OF Cf'~"9 On this day of , 19~• before me, a Notary Public in and for 'Said Cgurvty and state, on this day personally appeared known to me to be the H.rJ. AJILSON CO., INC., one of the corp, orations described in the foregoing instrument, and acknotia- ledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corpor- ation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corpor- ation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes there'_n set forth. In Witness Whereof, I hereunto set my hand and official seal. Not.wry Fublic My Commission Expires: 1 1 I I - 11 - ' CONSTRUCTION DEVELOPERS, INCORPORATED an Arkansas corporation A t e t : STATE OF ~YAPASf5 ) ) SS: COUNTY OF pUt ) on this ~ l~day of .S4rfu 1981, before me, a Notary Public_Tn and for Said Cc my and State, on this day t , known to me to be the 6~ k " personally appeared Vj C514tr~ o CONST UCTI N DEVELOPERS, , INCORPORATED, one o the corporat ons described in the foregoing instrument, and acxnowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corpora- tion by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. Notary Public My Commission Expires: - 12 - MCCLURKAN'S, INC., a Texas corporation Attest STATE OF ) SS: COUNTY OF ) On this day of E Y2d^~,,&j 1980, before me, a Notary Public in and f aid o ty,and State, on this day personall peared tLj known to me to be the _ ~ of McC URKAN'S, INC., one of the corporations described in the foregoing instrument, and ack- nowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corp- oration by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corp- oration to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set ray hand and official seal.'' ~otary , Publ c 44'~ My C mmission Expires: - 13 - f STATE OF TEXAS SS: COUNTY OF DENTON ) CONSENT AND JOINDER KNOW ALL MEN BY THESE PRESENTS: THAT For One Dollar (51.00) and other good and valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged, the undersigned, AMPIC ASSOCIATES, a Massachusetts limited partnership, as the owner of fee simple title to that certain parcel of real estate described in that certain Deed recorded in Volume 1060, Page 308, in the Office of the County Clerk of Denton County, Texas, and the rights, privileges and easements appurtenant theret'+ (the "Real Estate"), hereby joins in the execution of this Easement Agreement for the purpose of consenting to the execution thereof, and hereby gives and grants such consent and acknowledges that said Easement Agreement shall be binding upon the Real Estate. Executed this llthday of September , 1981. AMPIC ASSOCIA? a Massachuset limited partnership by Uspic Cor ration, its general partner r ~ By rte- - ect r 1 PROVINCE OF ONTARIO } ) JUDICIAL DISTRICT ) SS: OF YORK I ) BEFORE ME, the undersigned authority, a Notary Public in and for the said Province and Judicial District, on this day personally appeared THOMAS H. BJARNASON, known to me to be the person whose name is subscribed to the foregoing instrument, and known to me to be a director of Uspic Corporation, the general partner of AMPIC ASSOCIATES, a Massachusetts limited partnership, and acknowledged to me that he executed the said instrument for the purposes and consideration therein expressed, and as the act of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11th day of September, 1981. A Notary Pu lc 1n and f o)r the Province of Ontario 1j; X11 'I~~// My Commission Expires: at the pleasure of Her Majesty i I reside in The Municipality 4 of Metropolitan Toronto a I 1J r J, 7e imp o` U~/Ll TYS CARTER & BURGESS, INC. ENGINEERS PLANNERS 1100 MACON STREET, FORT WORTH, TEXAS 16103 (617) 33S•2611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT Nd. I FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797 AND THE J. S. TAFT SURVEY, ABSTRACT NUMBER 12569 DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLI"!E 858.. PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of State Highway Loop 288, and the westerly right-of-way line of Colorado Blvd., said intersection point being the most easterly southeast corner of said Denton Mall Company tract, said point also being the beginning of a curve to the right whose radius is 850.00 feet and whose long chord bears N 18° M' 10" W, 365.45 feet; THENCE along said curve to the right and along said westerly right-of-way line of Colorado Blvd., in a northerly direction through a central angle of 24° 491 39", a distance of 368.32 feet to the POINT OF BEGINNING of EASEMENT NO. 1; THENCE S 78° 31' 18" W, 137.2 feet to Point 1-A; THENCE S 780 31' 18" W, 20.0 feet to a point; THENCE N 110 28' 42" W, 9.0 feet to Point 1-11; THENCE N 110 28' 42" W, 130.0 feet to a point; THENCE N 220 20' 41" E, 131.46 feet to Point 1-G; THENCE N 220 20' 41" E, 87.72 feet to a point; THENCE N 110 28' 42" W. 128.13 feet to Point l-H; THENCE N 110 281 42" W, 26.87 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 1-A; THENCE N 116 28' 42" W, 10.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT I-G; THENCE N 67° 39' 19" W, 72.0 feet to the POINT OF TERMINATION; AND IN ADDITION aEGINNING AGAIN AT POINT 1-13; Page 1 of 2 5/31/79 C&B No. 77349-01 Rev. 6/12/79 Rev. 9/24/80 Rev. 10/20/8O Fxt„bE~ "A.. CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 1 THENCE S 78° 31' 18" W, 268.5 feet to a point; THENCE S 11° 28' 42" E, 5.0 feet to Point 1-0; THENCE S 11° 28' 42" E, 27.98 feet to Point 1-E-,- 1HFNCE 5 11° 28' 42" E, 5.02 feet to Point I-F; AND IN ADDITION BEGINNING AGAIN AT POINT 1-0; THENCE 5 78° 31' 18" W, 17.0 feet to the POINT OF TERMINATION: AND IN ADDITION BEGINNING AGAIN AT POINT 1-F; THENCE N 650 06' 48" E, 254.44 feet to a point; THENCE N 110 28' 42" W, 280.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 1-H; THENCE N 18° 31' 18" E, 12.0 feet to the POINT OF TERMINATION I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twentieth day of Oct e , 1980, A.D. a s, Inc j"er d Public Surveyor •x.1.1 I. v .n, 5/31/79 CAB No. 77349-01 Page 2 of 2 Rev. 6/12/79 Rev. 9/24/80 Rev. 10/20/80 C \CTEC U SURG~SS JNC. E\GaNtEkS Fi.AhNERS "•i, w.:.~ s+ts~r rotr .::r» rlr.s ~rrt ser, sss•ts^.+ WIZZ, :'.h,ry. iv7:-'~j:' \'.~F~i Z\":11~'.~~,~_-, '_CL•'_~'sI:' S'%' :F "..~+ti. ✓I*~ 1!'L.ME ~.t. ?I~ :e`_':t1 ;'~.M1"' :E. ~'r~.~ :_►-'?~:~r ~:F ti. T::•~:IY +~='»I" i2'2 :C'T: .Z''Tj zTq TC,- "+:~,1,~ 'l 1`N a,• f. I'':m2 ZI'I l,:P~?t~~''! x'71:-.'-M2~ ik~r . -.'.C ~f?: ~'I ..f`.`V\ 1. .'r 1, 1-4 TV, ` 2T--I iF KEZUx Is X11 1 ti c, _ ► z zvir- Zr7 r- y'3 1.,11 lI' wJYI ~Y:. .4- ''!t:'C UISC °2a i _ CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 2 Page 2 of 2 THENCE S 70° 44' 06" W, 60.26 feet to the southerly line of said Denton Mall Company tract; THE EASEMENT LINES ON EACH SIDE OF THE DESCRIBED CENTERLINE SHALL EXTEND TO SAID SOUTHERLY LINE; AND IN ADDITION BEGINNING AGAIN AT POINT 2-B; THENCE N 340 02' 19" W, 25.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 2-A;. THENCE N 340 02' 19" W, 15.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 2-H;' THENCE S 69° 30' E, 15.0 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twentieth of October 1980, A.D. CARTER B SS9 INC. OF i;egistered 1t( 8n. 1!r ¢•a E."'.._. CARTER 4„i; P.. Public Surveyor r't 6C14 Page 2 of 2 5/31/79 CS3 773d9-01 l . CARTER & BURGESS, INC. ENGINEERS - PLANNERS 1100 MACON STREET, 70XT WORTH. TEXAS 76102 11171 313.2611 DESCRIPTION FOR UTILITY EASEMENT NO. 3 BEING A PARCEL OF LAND OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 7976 DENTON COUNTY, TEXAS, SAID PARCEL OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY BY DEED RECORDED IN VOLUME 858, PACE 211, DENTON COUNTY DEED RECORDS, SAI6 PARCEL GF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35E and the southerly right-of-way line of San Jacinto Blvd., said point being the northwest corner of said Denton Mali Company Tract; THENCE N 41° 511 E, along said southerly right-of-way line, 81.39 feet to a point; THENCE N 78° 331 45" E. leaving said southerly right-of-way line, 352.53 feet to a point; THENCE N 110 28' 42" W, 8.34 feet to a point; THENCE N 780 31' 18" E6 560.50 feet to a point; THENCE N 110 28' 42" W, 13.5 feet to the POINT OF BEGINNING of EASEMENT NO.3; THENCE N 780 31' 18" E, 6.43 feet to a point; THENCE N 33" 31' 18" E, 65.28 feet to a point; THENCE N 780 31' 18" E, 65,8 feet to the beginning of a non-tangent curve to the left whose radius is 60.0 feet and whose long chord bears N 010 54' 15" E, 27.77 feet; THENCE along said non-tangent curve to the left in a northwesterly direction through a central angle of 26° 45' 40", a distance of 28.02 feet to the end of said curve; THENCE N 780 31' 1811 E, 25.0 feet to a point; THENCE S 110 28' 42" E, 37.02 feet to a point; THENCE S 780 311 18" W, 7.0 feet to a point; THENCE S 110 281 42" E, 44.0 feet to a point; THENCE S 78° 31' 18" We 16.0 feet to a point; THENCE N 116 281 42" W, 40.0 feet to a point; THENCE S 336 311 18" W, 76.37 feet to a point; THENCE N 780 311 18" E, 17.13 feet to a point; THENCE S 110 281 42" E, 45.17 feet to a point; THENCE S 786 311 18" W, 53.30 feet to a point; Page 1 of 2 6/l/79 C68 No. 77349-01 Rev. 6/12/79 DESCRIPTION FOR UTILITY EASEMENT NO. 3 Page 2 of 2 i THENCE N 11° 28' 42" W, 28.78 feet to a point; THENCE N 56° 28' 42" W, 17.28 feet to a point; THENCE S 78° 31' 18" W,16,98 feet to a point; THENCE N ll° 28' 42" W, 27.0 feet to the POINT Or BEGINNING. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twentieth Day of October., 1980, A.D. C R URO , OF % E H. CA egistered Public Surveyor &'3 '....._..ry A 4< < , ~5 6 ,kN: 1 s 1 Rev, 10/20/80 Page 2 of 2 6/3/79 C&B No. 77349-01 . ~ CARTER b BURGESS, INC. 7TOO "C r W ENGINEERS . srJtttT, FOR oIt rH PLANNERS TtXA3 76107 f117J SSS.7 ~1r ~ERLXNZ DESCRIPTION FOR FASZcMT No. 4 FIELD NOTES FOR A STRIP :7JRVE7, ABSTRAC OF T NU+iEER LAND 16, O FEET IN V BEING A CORDID PT OF A TRACT OFt~ DENTOR COURTy~ 1~7'A OW OF THE ,1, Vl RE OF SAID IN VOLUME gSB~ P~EI'~`; CONVEYED To DENTOR SAID snip OF Lkn STRIP OF LAND HEINp MORE 9 PRDENTIDN TIM COUNTY DEEP ABCCOMPANY ' BY DEED BDCINNING FOR R~ENCE at a ARTZCULAALY DESCRIBED A9 Dg I a CERTERL4-OLLOWS. State t:igh'ay ND. 35E Point is the norther of said Dcaton Said Point Ma11 Company Tract,beiag the most l nurtherright-of-way y~aa° of TIMNCE N h8c ' 1 to the PO 09 V INT, 01;, ~aloag said t cornet THENCE N 41a 51, INN1Nfl of FdSo} wT No, fight-o:_vly line, 131.82 feet 299.84 feet to the P0~ or ~NATIC,N, I HEREBY CERTIFY that and an actual these field best of survey made on the note, aid apeepared by computations my knowledge, ground WITNESS MY true and correct NAND AND SEAT, this to the the 2nd da feaY of May, •yVptf 1979, A.D. TER i GESS140 N 614 .Er7 ao, F CARER V~1'°STt" c istered Publ t~~aJrAyL ic Surveyor 5/30/?9 C+B No, 77349-01 AWA!W CARTER & BURGESS, INC. ENGINEERS • PLANNERS A,p 1105 MACON STREET. FORT WORTH, ItXAS 76107 1117) ))3.7611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 5 FIELD NOTES FOR A STRIP OF LAND 25.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at a point in the northerly right-of-way line of Interstate Highway 35E, said point being the most northerly southwest corner of said Denton Mall Company Tract; THENCE N 48° 09', W, along said port erly right-of-way line, 131.82 feet to a point; THENCE N 410 51' E, 299.84 feet to a paint; THENCE S 780 31' 18" W. 5.73 feet to the POINT OF BEGINNING of EASEMENT NO. 5; THENCE N 110 28' 42" W, 289.0 feet to Point 5-A; THENCE N 110 28' 42" W, 50.0 feet to Point 5-B; THENCE N 110 28' 42" W, 33.43 feet to Point 5-C, the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 5-A; THENCE 5 780 31' 18" W, 17.5 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 5-3; THENCE N 780 31' 18" E6 74.17 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Day of Sept 19809 A.D. CARTE U . CARTER Registered Public Surveyor Rev. 9/24/80 5/31/79 C&B No. 77349.01 l • v CARTER E1 BURGESS, INC. ENGINEERS • PLANNERS 1100 FAACON STR3-ii. FORT 'YORTH, TEXAS 76107 (617) 353.7611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT N0. 6 FIELD NOTES FOR A STRIP OF LAND 23.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 2119 DENTON'COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at a point in the northerly right-of-way line of Interstate Highway 35E, said point being the most northerly southwest corner of Denton Mall Company tract; THENCE N 481 091 W, along said northerly right-of-way line, 183.82 feet to a point; THENCE N 45° 10' W, continuing along said northerly right-of-way line, 300.4 feet to a point; THENCE N 480 09' W, continuing along said northerly right-of-way line, 258.5 feet to a point; THENCE N 110 28' 42" W, 52.51 feet to the POINT OF BEGINNING of EASEMENT NO. 6; THENCE N 780 311 18" E, 160.52 feet to Point 6-A; THENCE N 780 311 18" E, 404.10 feet to Point 6-B; THENCE N 780 31' 18" E, 22,21 feet t5 Point 5-C, the POINT OF TERMINATION; AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 6-A; THENCE N 110 281 42" W, 50.0 feet to the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 6-8; THENCE N 1111 28' 42" W, 35.67 feet to Point 6-D; THENCE N 1111 281 42" W, 20.16 feet to Point 6-E, the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAND BEING 8.0 FEET NORTH AND 17.0 FEET SOUTH OF THE FOLLOWING DESCRIBED CENTERLINE-, BEGINNING AGAIN AT POINT 6-E; THENCE N 780 31' 18" E, 47.0 feet to Point 6-C; 5/31/79 Page I of 2 C&3 No. 77349-01 Rev, 6/12/79 Rev. 9/24/80 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 6 AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 6-C; THENCE N 780 31' 18" E, 26.88 feet to the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 6-3; THENCE S 11° 28' 42" E, 15.0 feet to the POINT OF TERMINATION; AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 6-D; THENCE N 78° 31' 18" E, 103.87 feet to the POINT OF TERMINATION. I HEREBY CERTIFY THAT these field notes were prepared by compute*ions and an actual survey made on the ground adn are true and correct to the best of iV knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Day of Sept", 1980, A.D. TE SS, I C.ublic Surveyor Rev. 9/24/80 5/31/79 Pale 2 of 2 rte 'I~, ?^;sc_ni CARTER & BURGESS, INC. ENGINEERS • PLANNERS AW" 1100 MACOH STREET, FORT WORTH, TEXAS 76105 (8171 535-7&11 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT 0. 7 FIELD NOTES FOR A STRIP OF LAND 25.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID ",,TRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at a point in the northerly right-of-way line of Interstate Highway 35E, said point being the most northerly southwest corner of said Denton Mall Company tract; THENCE N 48° 091 W, along said northerly right-of-way line, 183.82 feet to a point; THENCE N 45° 10' W, continuing along said northerly right-of-way line, 300.4 feet to a point; THENCE N 48° 09' W, continuing along said northerly right-of-way line, 258.5 feet to the POINT OF BEGINNING of EASEMENT NO. 7; THENCE N 110 28' 42" W• 277.51 feet to Point 7-A; THENCE N 110 28' 42" W, 282.11 feet to POint 7-B; THENCE N 110 28' 42" W, 23.39 feet to Point 7-C; THENCE N 110 28' 42" W, 8.34 Peer to Point 7.0; THENCE N 11° 28' 42" W, 21.27 feet to the POINT OF TERMINATION; AND IN ADDITION A 10.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 7-A; THENCE N 78° 31' 18" E, 95.0 feet to the POINT OF TERMINATION; AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 7-8; THENCE N 780 31' 18" E, 55.0 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Day S mber, 1980, A.D. CARTE UR C. or f jF~?t REF ff■ H. CAR ~..f.- F c„H,C?k,;ie egistered Public Surveyor 4Tt,~„ 6514 ii %%`ts. 5/31/79 w,,,; ~:,1 • C&B No. 77349-01 Rev, 9/24/80 i CARTER & BURGESS, INC. ENGINEERS - PLANNERS 1100 MACON Si R[ET, FORT WORTH, TEXAS 76102 (417) 335.2611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 8 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NO. 7970 DENTON COUNTY, TEXAS, SAID STRIP-OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON GOUNTY DEED RECORDS, TEE CENTERLINE OF SAID STRIP OF LARD BEING MORE PARTICULABLY DESCRIM AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-vay line of Interstate Eighvay 35E, and the southerly right-of-vay line of San Jacinto Blvd., said point being the most northvesterly corner of said Denton Mall Company Tract; THENCE N 41° 511 E, along the southerly right-of-way line of said San Jacinto Blvd., 81.39 feet to the POINT OF BEGINNING OF EASEMENT NO. 8, THENCE N 780 33' 45° E, 352.53 feet to Point 7-C, the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my kna-.iledge. WITNESS MY HAI~D AND SEAL this the 24 day of Se tDn. be 1980, A.D. yS~~e. ov T fl}1 CA ER d RG N 4 CAtTCII f j E. CA A gist ered Public Surveyor toys,; ~:.x~•E~= 5/31/79 03 No. T7349-01 Rev. 6/12179 Rev. 9/24/80 W CARTER ~i BURGESS, INC. ENGINEERS , PLANNERS ® 1100 MACON STREET. FONT WORTH, TEXAS 76102 (617) 371.2611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 9 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTE OUT OF THE J. W. mcoo N SURVEY, ABSTRACT NUMBER 79T AND THE R. R. HOPKINS SURVEY, ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND REING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL CUMPANY, BY DEED RECORDED IN VOLUME 8580 PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the westerly right-of-vay line of Colorado Blvd. and the southerly right-of-vay line of San Jacinto Blvd., said corner being the northeast corner of said Denton Mall Company Tract ; THENCE s 491, 491 W, along said southerly right-of-way line, 205.0 feet to the POINT OF BEGINNING of EASEMENT NO. 9; THENCE 6 40° 111 E, leaving said southerly right-of-way line, 123.62 feet to the beginning of a curve to the right whose center point bears 6 490 49, W, 150.0 feet; THENCE along said curve to the right in a southerly direction through a central angle of 280 42' 18", a distance of 75.15 feet to the end of said curve; THENCE S 11° 281 42" E, 599.73 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the 2nd day of May, 1979, A.D. of fF'N CARTER 5 S ESS JNCN E, iy c~tfCe ';f CA ~'`a1q 6615 istered Public Surveyor 110;'. ire,stE~°~.`~, 1 5/31/79 as No. 7,73L9-01 CARTER & BURGESS. INC. ENGINEERS • PLANNERS 1100 MACON STREET, FORT WORTH, TEXAS 76107 (8171 37S•2611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO, 10 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, AND THE R. H. HOPKINS SURVEY, ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART LF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS,, THE CENTERLINE OF SAID STRIP OF. LAND BEING MORE PARTICULARLY DESCRIBED AS FOLL(X!S: BEGINNING FOR REFERENCE at the intersection of the westerly right-of-way line of Colorado Blvd. with the southerly right-of-way line of San Jacinto Blvd., said point being the northeast corner of said Denton Mall Company tract; THENCE S 490 49' W, along the southerly right-of-way line of said San Jacinto Blvd., 359.92 feet to the POINT OF BEGINNING of EASEMENT NO. 10; THENCE S 460 231 47" E, leaving said southerly right-of-way line, 92.49 feet to a point; THENCE S 810 45' 42" E, 403.35 feet to the beginning of a curve to the right whose center point bears S 08° 14' 18" W, 248.0 feet; THENCE along said curve to the right in a southeasterly direction through a central angle of 49° 06' 4011, a distance of 212.57 feet to the - end of said curve; THENCE 5 320 341 02" E, 345.30 feet to the POINT OF TER!1INA'fION, said point being in the aforementioned westerly right-of-way line of Colorado Blvd.; THE EASEMENT LINES ON EACH SIDE OF THE ABOVE DESCRIBED CENTERLINE SHALL EXTEND TO SAID. RIGHT-OF-WAY LINE OF COLORADO BLVD.. I HEREBY CERTIFY that these field notes were prepared by computations and cn actual survey on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twentieth ay of er , 1980, A.D. i Carter Sur ^ss, In ~11F / LI ^ 42 AF. if%sb E. .I Carter ((Y// ,%~f° ,lfy Registered Public Surveyor E514 5/31/79 C86 No. 77349-01 Rev. 6/12/79 Rev. 9/24/80 lay 1 0) , 1) 0 /971 CARTER & BURGESS. INC. ENGINEERS • PLANNERS 1100 MACON STREET, FORT WORTH. ItI4% Te102 I817) )I S-2611 DESCRIPTION FOR UTILITY EASEMENT NO. 11 FIELD NOTES FOR A STRIP OF LAND OF VARIABLE WIDTH OUT OF THE J. W. MCGOW.N SURVEY, ABSTRACT NUMBER 797 AND THE J. H. TAFT SURVEY, ABSTRACT NUMBER 1256, DENT)N COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the westerly right- of-,.--,-line of Colorado Blvd., with the southerly right-of-vay line of San Jacinto Blvd., said point being the northeast corner of said Denton Mall Company Tract; TES'NCE S 400 11' along said westerly line of Colorado Blvd., 65T.2T feet to the beginning of a carve to the right whose radius point bears S 490 49'W, 600.0 feet; THENCE along said curve to the right and continuing along said westerly right-of-way line of Colorado Blvd., in a southerly direction through a central angle of 26° 23' 15", a distance of 276.33 feet to the POIN° OF BEGIM(ING of EASEMENT N0. ll; THENCE continuing along said curve to the right and the westerly right-of-vay line of said Colorado Blvd., in a southwesterly direction through a central angle of O1° 14' 31", a distance of 13.01 feet to a point; THENCE S 780 31' 18" W, 145.1T feet to a point; THENCE S 110 28' 42" E, 9.34 feet to a point; THENCE N 780 58' 42" W, 182.67 feet to a point; THENCE S 780 31' 18" W, 158.38 feet to a point; TFMCE S 330 31' 18" W, 15,56 feet to a point; THENCE N 110 28' 42" W, 51.97 feet to a point; TF.ENCE N 780 31' 18" E, 99.53 feet to a point; THENCE S 780 58' 42" E, 65.33 feet to a point; THENCE N 780 31' 16 E, 47.04 feet tb a point; THENCE S 780 58' 42 E, 166.11 feet to a point; THENCE N 780 31' 18" E, 122.54 feet to the POINT OF BEGINNING I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNES ~,,Q1,XAND AND SEAL this the Twentieth Day of October, 1980, A.D. OF 'tiS :';P~~, CARTER 6 B - L H, CAxnA - } / . SE1.......,... 5/31/79 '1Ci'9ft`Tl►`~ CA. R Registered Public Surveyor 71349-01 CARTER 6 BURGESS, INC. ENGINEERS • PLANNERS ACE 1100 MACON STREET, FORT WORTH, TEXAS 76102 (617) ))5.2611 DESCRIPTION FOR UTILITY EASEMENT N0.' 12 BEING A STRIP OF LAND OF VARIABLE WIDTH OUT OF THE R. H. ROFKINS SURVEY, ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, SAID STRIP OF LARD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGIMINO FOR REFERENCE at the intersection of the northerly right-of-vay line of Interstate Highvay 35E and the souther2y right-of-vay line of San Jacinto Blvd., said point being the northvest corner of said Denton Mall Company Tract; THENCE N 41° 51' Is along the southerly right-of-way line of San Jacinto Blvd., 341.33 feet to the beginning of a curve to the right, whose center point bears S 481 09' Es 960.0 feet; THENCE along said curve to the right and continuing along said southerly sight-of-vay line of San Jacinto Blvd, in a northeasterly direction through a central angle of 20° 47100", a distance of 348.23 feet to the end of said curve; THENCE R 62° ;o' It continuing along said southerly right-of-vay line of San Jacinto 23rd., 515.13 feet to the POINT OF BEGINNING of EASEMENT NO. 12; THENCE N 62° 38' E, continuing along said southerly rigbt-of-vay line of San Jacinto BlvA.9 37.45 feet to a point; THENCE S 110 28' 42" E, leaving said southerly right-of-vay line, 93.5 fee.+ to a point; THENCE S 28' 32' 36" E, 9.69 feet to a point; THENCE S 78° 311 18" X915.87 feet to a point; THENCE X 11° 28' 42" X, 17.54 feet to a point; THENCE X 28° 32' 36" w, 78.43 feet to the POINT Oi BEGINNING. 1 HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge, WITNESS MV HAND AND SEAL this the 24 day of Sept Dbtn, y~ftiE cF TF~SSES CARTER A BUR ~Af s 1~ •,l..~_ E. H. CAR s eg ste Public Surveyor 4 Mi cAk1EA 6/i/79 4, 1, 9E 6611 Rev.N9/24/80L9-ol (~1,wIQyU.~~r CARTER & BURGESS, INC. ENGINEERS • PLANNERS MAN 1100 MACOH STRFt I. FORT WORTH. TEXAS 76107 16171 IIS•7611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT N0. 13 FIELD NOTES FOR A STRIP OF LAND 20.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, AND THE R. H. HOPKINS SURVEY,'ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME-8589 PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35E and the southerly ►ight-of-way line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall C"any tract; THENCE N 41° 51' E,,along the southerly right-of-way line of San Jacinto Blvd., 341.33 feet to the beginning of a curve to the right whose center point bears S 48° 09' E, 960.0 feet; THENCE along said curve to the right and continuing along said southerly right-of-way line of San Jacinto Blvd., in a northeasterly direction through a central angle of 200 47' 00", a distance of 348.23 feet; THENCE 1 620 38' E, continuing along said southerly right-of-way line of San Jacinto, Blvd,. 515.13 feet to a point; THENCE S 280 32' 36" E, leaving said southerly right-of-way line of San Jacinto Blvd., 78.43 feet to a point; THENCE S 110 28' 42" E, 27.A4 feet to a point; THENCE N 780 31' 18" E, 12.5 feet to the POINT OF BEGINNING OF EASEMENT NO. 13; THENCE N 780 31' 18" E, 46.0 feet to Point 13-A; THENCE N 780 31' 18" E, 393.5 feet to Point 13-8; THENCE N 78° 31' 18" E, 49.0 feet to a point; THENCE S 110 28' 42" E, 250.19 feet to Point 13-C; THENCE S 116 28' 42" 14.56 feet to Point 13-D; THENCE S 1111 28' 42" E, 17.93 feet to Point 13-E; THENCE S 110 28' 42" E, 57.84 feet to a point; THENCE S 186 31' 18" W, 65.0 feet to a point; THENCE S 110 28' 42" E, 25.0 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 16.0 FOOT WIDE STRIPS OF LAND, BEGINNING AGAIN AT POINT 13-A; Page I of 2 6/1/79 C&B No. 77349-01 Rev. 6/12/79 2 ear 0!.'/On CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 13 THENCE N 110 28' 42" W, 27.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 13-B; THENCE N 110 28' 42" W, 27.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 13-C; THENCE N 78° 31' 18" E, 20.0 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 16.0 FOOT HIDE STRIP OF LAND BEGINNING AGAIN AT POINT 13-0; THENCE S 78° 31' 18" W, 68.62 feet to the POINT OF TERMINATION; AND IN AUDITION THE FOLLOWING 40.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 13-E; THENCE N 780 31' 18" E, 252.85 feet o the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 25.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT OF BEGINNING OF EASEMENT NO. 13; THENCE S 11° 28' 42" E, 251.0 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Days epte r, 1980, A.D. CA BU SS, 1~ OF rFNk (~,AL H AR . rq.' i /Reg stered Public Surveyor Page 2 of 2 6/1/79 CSB No. 77349-01 Rev. 9/24/80 CARTER & BURGESS. INC. ENGINEERS • PLANNERS 11LU MACON STREET, FORT WORTH, TEXAS F6102 18111135-2611 CENTERLINE DES:RIPTION FOR UTILITY EASEMENT N0. 14 FIELD NOTES FOR A STRIP OF LAND 27.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 2119 DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of interstate Highway 35E end the southerly right-of-tray line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall Company Tract; THENCE N 410 51' E, along the southerly right-of-way line of said San Jacinto Blvd., 81.39 feet to a point; THENCE N 780 33' 45" E, 352.53 feet to Point 7C; THENCE N 110 28' 42" W, 8.34 feet to Point 7D, the POINT OF BEGINNING OF EASEMENT NO. 14; e THENCE N 78° 31' 18" E, 253.54 feet to POint 14-A; THENCE N 780 31' 18" E, 19.0 feet to Point 14-8; THENCE N 78° 31' 18" E, 287.96 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 16.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 14-A; THENCE S 110 28' 42" E, 30.9 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 14-8; THENCE S 11" 28' 42" E, 13.5 feet to the POINT OF BEGINNING of,an easement of VARIABLE WIDTH; THENCE S 78° 31' 18" W, 5.0 feet to a point; THENCE S 11° 28' 42" E, 63.85 feet to a point; THENCE N 78" 31' 10" E, 10.0 feet to a puint; THENCE N ll° 26' 42" W, 17.35 feet to the beginning of a curve to the right whose radius point bears It 78° 31' 18" E, 55.0 feet; THENCE along said curve to the right in a northeasterly direction through a central angle of 57° 43' 14", a distance of 55.41 feet to the end of said carve; THENCE S 78° 31' 18" W, 30.63 feet to the POINT OF BEGINNING. 6/1/79 C&B No. 77344-01 Rev. 9/24/80 r . CENTERLINE DESCRIPTION FOR • UTILITY EASEMENT NO. 14 Page 2 of 2 1 HEREBY CERTIFY that these field nobs were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Day of September, 1980. A.D. Carter A s,iIn of r``~ti ,1Q1^ f i l a+f •~1~ ~e ~ 6 W G ~RTIR E.AM rter 6 Registered Public Surveyor Y"0% 6614 / s ' i 6/l/79 CAB No. 77349-01 Rev. 9/24/80 CARTER 6 BURGESS, INC. ENGINEERS • PLANNERS 1107 MACON STREET, FORS WORTH, TEXAS 76102 (017112S-2611 CENTERLINE DESCRIPTION OF UTILITY EASV= NO: 15 FIELD NOTES FOR A STRIP OF LARD 16.0 FEET IN WIDTH OUi OF THE J. W. McGOWAX SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PORTION OF A TRACT OF LAND CONVEYED TO DENTON ~'•ALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, TBF. CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-vay line of Interstate Highvey 35E and the southerly right-of-way line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall Company Tract ; THENCE N 41° 51' E, 8.0 feet along said southerly sight-of-vay line, to the POINT OF MINNING of EASEMENT NO. 15; THENCE S 480 09' E, 537.10 feet to a point; THENCE A 89° 221 E, 23.33 feet to a point; THENCE S 480 09' E, 382.82 feet to a point; THENCE S 45° 10' E, 300.40 feet to a point; THENCE S 480 09' E, 183.07 feet to the POINT OF TERMINATION. 1 HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Sixth Day of June , 1979, A.D. Carter 6 3 e-s Inc" i 1Pt~ OF T..r EEEI 14 .7 ~•.t`...-.., '.i.-. E. Car r Reg stered Public Surve 0. yor E, ~i .651. e;. 1 itli'''' •ISIS • it 6/6/79 CaB No. 77349-01 AN CARTER G BURGESS, INC. ENGINEERS • PLANNERS 1100 AAACOk STREET. FORT WORTM, TEXAS 76102 W71 135.2611 CENTERLINE DESCRIPTION FOR UTILITY EAmENT N0. 16 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTPACT NUMBER 797, DV MIN COUNTY, TEXAS, SAID STRIP OF LAND BEING A PORTION OF A TRACT OF LAND C WTEYED TO DE17rON MALL COMPAIPY, BY DEED RECORDED IN VOLUME 8589 PAGE 211, DENTON COUFTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-vay line of State Highway Loop 288 and the westerly right-of-vay line of Colorado Blvd., said intersection point being the most easterly southeast corner of said Denton Mall Company Tract, said point wlso being the beginning of a non-tangent curve to the left whose radius is 3830.0 feet and whose long chord bears 3 54° 171 30" W, 706.69 feet; THENCE along said ton-tangent curve to the left and slonG said northerly right-of-vay line of Loop 288, in a southwesterly direction through a central angle of 10° 271 00", a distance of 707.67 feet to the end of said curve; THEN E N 890 021 W, 221.76 feet to a point; THENCE S 40° 19, 56" W, 112.69 feet to a point; THENCE S 390 391 261, W, 49,13 feet to a point; T°MCE S 400 27' 36" W, 242,89 feet to the POINT OF BEGINNING of EASIVENT NO. 16; THENCE N 5'T° 061 W, 112.30 feet to the POINT OF TENMINATION, I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Sixth day of June, ,1c979, A.D. Cart r urgess; Inc, OF Pry rE / L ` E.-H. Carter «tiP... Registered Public Surveyor eV 65 i 4 ~~t sfc'r.7•,t4E1 - 6/6/79 Cs8 No. 773L9-61 CARTER & BURGESS. INC. ENGINEERS • PLANNERS 1100 MACON STREET, FORT WORTH. TEXAS 76102 (1171 775.2611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO: 1T FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. merOWAN SURVEY, ABSTRACT NUMBER 79T AND THE J. S. TAFT SURVEY, ABSTRACT NUt+LpER 1256, DENTON COUNTY, TExAS, SAID STRIP OF LAND BEING A PORTION OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAUZ 211, DENTON COUNTY DEED RECORDS, THE, CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-vay line of State Highway Loop 288 and the westerly right-of-way line of Colorado Rlvd., said point being the beginning of a non-tangent curve to the right whose radius is 850.0 feet and vtost long chord bears N 30° 12' 50" W, 8.0 feet; THENCE along said non-tangent curve to the right and along said westerly right-of-way line, in a northerly direction through a central angle of 00° 32' 21", a distance of 8.0 feet to the POINT OF BEGINNING of FASWENT NO. 1T, said point being the beginning of a non-tangent curve to the left whose radius is 3888.0 feet and whose long chord bears S 54° 13' 35" W, 717,05 feet; THENCE along said non-tangent curve to the left in a southwesterly direction through a central angle of 10° 34' 55", a distance of 718.07 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twentieth Day of 0 Z9ber,, 9 0, A D"41 Carte b B gAss, Ihc. % or 1 . l ff ~.i7 E. H. ,Carter '1...__.l' _J Registered Public Surveyor E♦N:CttTLR . % 4 6614 6/7!79 CSB No. 77349-01 Rev. 10/20/80 a ~~~~'r'~ ~~•GT ~;,I (QREBY CEq ~IFY Cin,LL" =oCu ~ ~ ~Al+RYJO HILL, COUNTY CLERi% DENTON ~d;~FYi TEXAb _ r~.•r-'mac--- ---~~~pepRY 4 N r 33 7,2 SECOND AMENDMENT TO CONSTRUCTION, OPERAT qq ppND 1' RECIPROCAL EASEMENT AGREEMENT u .''...T THIS AGREEMENT made and entered into as of this ~A day of 3g~yy~ , 1981, by and among DENTON MALL COM- PANY, a Teas limited partnership, of 1712 North Meridian Street, Indianapolis, Indiana, 46202 ("Developer"), and J. C. PENNEY PROPERTIES, 1NC., a Delaware corporation, qualified to do business in the State of Texas, having its principal office at 1301 Avenue of the Americas, New York, New York, 10019 ("Penney"), and SEARS, ROEBUCK AND CO., a New York corpora- tion, authorized to do business in the State of Texas, having its principal office at Sears Tower, Chicago, Illinois, 60684, ("Sears"), and CONSTRUCTI014 DEVELOPERS, INCORPORATED, an Arkansas corporation, qualified to do business in the State of Texas, having its principal office at 900 West Capitol Avenue, Little Rock, Arkansas, 72203 ("Condev"), and DILLARD DEPARTMENT STORES, INC., a Dela•.•r-~ corporation, qualified to do business in the Stage of Texas, .-:ing its principal office at 900 West Capitol Avenue, Little ..ock, Arkansas, 72203 ("DDSI") (Condev and DDSI being hereinafter referred to collectively and jointly and severally as "Dillard"), and MONTGOMERY WARD DEVELOVMENT CORPORATION, a Delaware corporation ("Ward Development"), and MONTGOMERY WARD 5 CO., INCORPORATED, an Illinois corporation ("Montgomery Ward"), each authorized to do business in the State of Texas, 4nd each having an office at One Montgomery Ward Plaza, Chicago, Illinois, 60671 (Ward Development and Montgomery Ward being hereinafter referred to collectively and jointly and severally as "Ward"), and H. J. WILSON CO., INC., a Louisiana corporation, qualified to do business in the State of Texas, having its principal office at 5825 Florida Boulevard, Baton Rouge, Louisiana, 70806 ("Wilson") and McCLURKAN'S, INC., a Texas corporation, of P. 0. Box J.710, Wichita Falls, Texas ("McClurkan"), WITNESSETH: WHEREAS, Developer, Penney, Sears, Ward, Dillard and Wilson heretofore entered into a certain Construction, Opera- tion and Reciprocal Easement Agreement ("Operating Agree- ment"), dated July 6, 1979, and recorded August 3, 1979, in Volume 966, pages 424 et se q., Deed Records of Denton County, Texas, relative to the construction and operation of the Golden Triangle Mall Shopping Center ("Shopping Center") at Denton, Texas; and WHEREAS, McClurkan has acquired the Future Department Store Tract described'in Exhibit H attached to said Operating Agreement, and pursuant thereto all of the Parties executed an Amendment, Ratification And Adoption Of Construction, Operation And Reciprocal Easement Agreement ("First Amendment") dated as of December 7, 1979, and recorded December 11, 19790 in Volume 990, Page 861, Deed records of Denton County, Texas (the Operating Agreement, as amended by the First Amendment is hereinafter referred to as the "REA"); and WHEREAS, the Parties now desire to further amend said REA for the purposes set forth herein. NOW, THEREFORE, in consideration of the premises, and for other good and valuable consideration paid by each Party to the other, the receipt and sufficiency of all of which is hereby acknowledged, and in further consideration of the mutual covenants and agreements of- the• Parties herein con- tained, it is hereby agreed as follows: 1/9/81 1 • e 1. Exhibit "A" to the REA, being the Plot Plan of the Total Development Tract, is hereby deleted, and Exhibit "A" attached hereto is hereby substituted therefor. 2. The legal description of the Total Development Tract set forth in Exhibit "J" to the REA is hereby deleted, and the legal description of the Total Development Tract as described in Exhibit "J" attached hereto is hereby substituted therefor. 3. Thq- legal description of the Reserve Tracts set forth in Exhibit "K" to the REA is hereby deleted, and the legal description of the Reserve Tract as described in Exhibit "K" attached hereto is hereby substitued therefor. 4. Subparagraph 4.1 (4) (1) of Article 4 of the REA is hereby deleted, and there is hereby substituted therefor the following to-wit: "(i) No building or other improvements will be constructed on the Reserve Tract except within the Permissible Building Areas therefor as shown on the Plot Plan;". 5. There is hereby added to Article 4 of the REA a new subparagraph 4.1 (4) (x), which shall be and become part of said REA, to-wit: "(x) Notwithstanding anything to the contrary contained herein, Developer shall have the right, at any time and from time to time, to subdivide or resubdivide all or any part of the Reserve Tract described in Exhibit "K", and any part of the Reserve Tract so subdivided shall be and constitute a separate Reserve Tract from and after the date of such subdivision, and shall in all respects conform to the restric- tions set forth in this subparagraph 4.1 (4)." 6. Except as otherwise expressly provided herein, all capitalized terms used in this Agreement shall have the same meaning and definition as in said REA, as hereby amended. It is expressly understood and agreed that the provisions of Paragraph 34.9 of the REA are applicable,to the covenants and obligations of the Developer under this Agreement. 7. All other terms and provisions of said REA shall remain the same, and said REA, as hereby amended, is hereby ratified and confirmed by all of the undersigned Parties. 8. This Agreement shall be binding upon and shall inure to the benefit of each,of the undersigned Parties and their respective successors and assigns. 9. This Agreement may be executed in two or more separate counterl.arts, each of which shall constitute a duplicate original document, and when taken together shall constitute the entire document. 10. The undersigned Melvin Simon & Asso iates# Inc. and J. C. Penney Company, Inc. hereby join in the execution of this Agreement for purposes of consenting to the terms hereof, as guarantors of the obligations of Devalopcr and Penney, respectively, under the REA. - 2 - EXECUTED by each undersigned party on the date set forth oppooite its signature. DENTON MALL COMPANY, a Texas limited partnership Sy: Denton D velopers, a Texas imited partnership, Genera art r By Herbert Simon, General Partner Dated: Oc~.4+er 21. 19 t1 "Developer" STATE OF INDIANA ) SS: COUNTY OF MARION } Before me, a Notary Public in and for said County and State, on this day personally appeared Herbert Simon, General Partner of Denton Developers, a Texas limited partnership, a General Partner of Denton Mall Company, a Texas limited partnership, known to me to be the person whose name is sub- scribed to the foregoing instrument, and known to me to be a General Partner of Denton Developers, a Texas limited partner- ship, a General Partner of Denton Mall Company, a Texas limited partnership, and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, and as the act of said limited partnership. Given u er my hand and s al of office this °~~y of 1987. My Commission Expires: Notary Public My County of Residence: JO ANN OINEN ~':rEar, r'ut;:i; Etaa rf India^a t~Y Ccr:, ,issicn G,,ir%: 9 5 83 ' Cuertti Ct Re;ic'~nce: trtarion 3 MELVIN IMON & ASSOCIATES, INC'., an Ind' na Corporation / By: DATED: Gcabsr! 114! i i ATTEST: 1ST,TE OF INDIANA ) SS: COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, on this day personally appeared /Herder- S 'm e n r alp-i,de1) -f of Melvin Simon 6 Associates, Inc.r an Indiana corporation, known to me to be the person whose name is AN to the foregoing instrument and known to me to be e- tie Pr4G:As0►' of Melvin Simon 6 Associates, Inc., an Indiana corporation, and acknowledged to me that he executed said instrument for the „ purposes and consideration therein expressed, and as the act of said corporation. Given uF4er my hand and seal of office this eV day of ,f/C1•~~fLf , 198 r . My Commission Expires: Notary Public My County of Residence: JO ANN .pry Pu""l;c m Sle!~ c! l~~a» y ~CT11 acc3~~ Cx.,,itz : 9.5 83 Coun;y ci Resiubr;ce: + 1 4 MCCLURKAN'S, INC., a Texas Corporation By: DATED:. t~4~ oZZ l~_ "McClurkan" ATTEST: STATE OF 'MA5 ) SS: COUNTY OF W)~AKTA ) Before me, a Notary Public in and for said County and State, on this day personally appeared %YA2J $MIT-Vk , IF2 c.5lMvIrl of McClurkan's, Inc., a -Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument and knwon to me to be a OPf~tgR.-pl?ett~2 of McClurkan's, Inc., a Texas corporation, and acknowledged to me that he executed said instrument for the purposes and consideration therein expressed, and as the act of said corporation. Given tinder my hand and seal of office this o'U2 d day of , 198/ My Commission Expires: Mil&Aj h 198 , Notary Public My County of Residence: Wie4itt~. ~I 111111111111 ,1, 1 ~ 5 ~ t• Signature Page Second Amendment to COREA Golden Triangle Mall Denton, Texas MONTGOMERY WARD DEVELOPMENT CORPORATIO14 A Delaware Corporation By: tT w U41. t _ DATED: 131 "Ward Development" VICE PRESIDENT & TREASURER ATTEST: STATE OF ~~~,/IOtS } } SS: COUNTY OF COO/ ) C On this theP_L~ day of --4 Pt Ca t"- , 198 , before me, a Notary Public duly authorized in and for the said County in the State aforesaid to take acknowledgments, personally appeared A77P m._DuTrl~i , to me known and known to me to be the V14e 11reCtpsnlO r, TYeLlStAYt of MONTGOMERY WARD DEVELOPMENT CORPORATLUN,, One of the corpora- tions described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In 'fitness Whereof, I hereunto set my hand and official seal. . c' My Commission Eepires 9.1883 My Commission Expires: 7 tab Pub. c i My County of Residence: 6 - Signature Page Second Amendment to COREA Col'-Triangle Mall Denton, Texas MONTGOMERY WARD & CO., INCORPOIt4'frD, an Illinois Corporation By: _ DATED: "Mont omery Ward" ATTEST: G~~A61 STATE OF SS: COUNTY OF ~OK ) On this the ~rj day of T H♦ , 198 , before me, a Notary Public duly aut oriz in and for the said County in the State aforesaid to take acknowledgments, personally appeared Alfiga'm , to me known and known to me to be the Jce. 'e61bgq-r of MONTGOMERY WARD & CO., INCORPORATED, one of the corporations described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by sub- scribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free ;and voluntary act of scid corporation, for the uses and pu'cposes therein set forth. In Witness Whereof, I hereunto set my hand and ;ttef'l.cibl seal. in pommsslon Esplres 9 is 83 My Commission Expires: to acy Public My County of Residence: v 7 - ' a. J. C. PENNEY PROPERTIES, INC., a Delaware Corporation ey:r(/ ~L~ mil 'tom DATED: 11106. mL,SIt7c "Penney" .ATTEST: f 3S51ST'►1 NT 5 Cl~ E7"i~l~y t~ 'STATE OF ~"C6' 2i~ ) SS: COUNTY OF On this the )7:7-' day of JJA .U 111 , 1981 , before me, a Notary Public duly authorized in and for the said County in the State aforesaid to take acknowledgments, personally appeared A. A. AMON TR _ , to me known and known to me to be the Ar-4 rawimm of J. C. PENNEY PROPERTIES, INC., one o the corporations described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by sub- scribing the naze of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and ' voluntary act of said corporation, for the Uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. My Commission Expires: i ",CZ ? i! i ~lC j Lt , l peg>~ U , Notary Public My County of Residence: MARY THERESA SIMON NOTARY U »~6215 New Yak No. 904 commission I~Q1tes York , - 8 J. C. PENNEY COMPANY, INC., a Delaware Corporation ey: ~C DATED: vice- p(1G*):DCru AvPRU':t^ ATTEST: QQ eTlOr ~ sa` ~ c~~aRy STATE OF SS: COUNTY OF Itii On this the P~~ day of Sr r~;''~ , 198 , before me, a Notary Public duly authorized in and for the said County in the State afor%8, til take acknowledgments, personally appeared A. H. A1m8 f , A., , to me known and known to me to a the i6M A' of J. C. PENNEY COMPANY, INC., one o HE described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by sub- scribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. r My Commission Expires: l~ a =L_/' f' Notary Public My County of Residence: MAR NOTARY PU9 kC a629oof Nax York. Qua!'~tied }n New York CCL;nH Y ~RyssVon pj¢Ir:t Mach 30,19... CONSTRUCTION DEVELOPERS, JNCORPORA-ED, an Arkansas Corporation By: Q_< DATED: February 16, 1981 'e, lee// ondev ATTEST: STATE OF ARKANSAS ) } SS: _COUNTY OF PUL,SKI ) On this the 16th day of February 1981 before me, a notary Public duly authorized in and for the said County in the State aforesaid to take acknowledgments, personally appeared E. Ray Kc, p, Jr. , to me known and known to me to be thq Vice President of CONSTRUCTION DEVELOPERS, INCORPORATED, one of the corporations described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he exer_ited the foregoing instrument on behalf of said corporation by sub- scribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness fbereof, I hereunto set my hand and official seal. }lay:6mmissirn Expires: a:~ Nanette Savage Notary Public ,Hy County of Residence: D,ilaski I'R s This is the signature page of Construction Developers, Incorporated, to the Second Amendment to Construction, Operation and Reciprocal Easement Agreement which agreement is dated July 9, 1979, and recorded on August 3, 1979, in Volume 966 at Page 424, et seg, in the Dead Records of Denton County, Texas, relative to the Golden Triangle Mall shopping center. - 10 - DILLARD DEPARTMENT STORES, INC., a Delaware Corporation, Cpl' l .lam DATED: February 16, 1981 By. ~ ~ ~ ATTEST: STATE of ARKANSAS ) SS: COUNTY OF PULASKI ) On this the 16th day of February , 1981 , before re, a Rotary Public duly authorized in and for the said County in the State aforevid T take acknowledgments, personally appeared E. Ray Kemp, r. , to me known and known to me to be the of DILLARD DEPARTMENT STORES, INC., one of the corporations describEd in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by sub- scribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness -hereof, I hereunto set my hand and official seal. f.orsisvion Expires: N~Afft_ &%=1 ' %10-7-81 Nanet , Notary Public '.Ake County of Residence: Pulaski This is the signature page of Dillard Department Stores, Inc., to the Second Amendment to Construction, 01•eration and Reciprocal Easement Agreement, which agreement is datcd July 9, 1979, and recorded on August 3, 19791 in Volume 966 at Page 424, et sseg, in the Deed Records of Denton County, Texas, relative to thh Gorden Triangle Mall shopping center. - 11 - DATED: / S d SEAF.5, ROEBUCK AND CO-, A New York Corporation ATTEST: ->G Zoe wA gy kc, G t.ld Ivt~Cl~ L100 Assistant secretarr~y~ Executive Vice President "Sears" LEGS' STATE OF-4 Ap. SS: COUNTY OF ) On this the day ofd//%~ 198 . before me, a Notary Public duf 'authorized and for the said County in the state afo said to take cknowledgments, personally appeared 1L' n L-Ch/lr IIFh , to me known and known to me to be SEARS, ROEBUCK AND CO., one of t corporations described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instru- ment on behalf of said corporation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed there- to, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. T Notary Public M Commission Expires: celeea mcco,'m, 1+otary Public 11 My and !or ce1!zs c.unty, Tvas M unt of Res}deuce: Y ~ I'~f11 ta~ J 12 - H. J. WILSON CO., INC., a Louisiana Corporation By: _ d DATED: "Wilson" ),TTEST: STATE OF,~'. COUNTY On this the day of 198/, before me, a Notary Public duly authorized,,in and for the said -&)6f i-~ in the State afoLesaid to take acknowledgments, personally appeared to me known and known to me of H. J. WILSON CO., INC., one of the corporations descr bed in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whercof, I hereunto sct my hand and official seal. My Commission Expires: /ir~~L~~i 4s~ i• q?V-fr Margaret . Holly , Notary;-Public My C'o'unty of Residences II G 13 STATE OF TEXAS ) SS: COUNTY OF DNTON ) CONSENT AND JOINDER KNOW ALL MEIN BY THESE PRESENTS: THAT For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged, the undersigned, AMPIC ASSOCIATES, a Massachusetts limited partnership, as the owner of fee simple title to that certain parcel of real estate described in that certain Deed recorded in Volume 1060, Page 308, in the Office of the County Clerk of Denton County, Texas, and the rights, privileges and easements appurtenant thereto (the "Real Estate"), hereby joins in the execution of this Second Amendment To Construction, Operation and Reciprocal Easement Agreement ("the REA Amendment"), for the purpose of consenting to the execution thereof, and hereby gives and grants such consent and acknowledges that said REA Amendment shall be binding upon the Real Estate. Executed this 11th clay of September , 1981. AMPIC ASSOCIAT a Massachuset limited partnership by Uspic Corp ation, its general partner By l tip` D recto J J ~j t PROVINCE OF ONTARIO ) } JUDICIAL DISTRICT' ) SS: OF YORK ) BEFORE ME, the undersigned authority, a Notary Public in and for the said Province and Judicial District, on this day personally appeared THOMAS H. BJARNASON, known to me to be the person whose name is subscribed to the foregoing instrument, and known to me to be a director of Uspic Corporation, the general partner of AMPIC ASSOCIATES, a Massachusetts limited partnership, and acknowledged to me that he executed the said instrument for the purposes and consideration therein expressed, and as the act of said limited partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11th day of September, 1981. /7 i A Notary Public In an or e Province of Ontario My Commission Expires: at the pleasure of Her Majesty I reside in The Municipality of Metropolitan Toronto ' LY I A A "~v~G7 r r • D m O O r o °ol ~?Or m -1ZZ mD Z Z -4 G) , rri cp,) 7' t C) Z rn _a ..f CJ O O D 8 r ~.00 for j.~ J i ' KILlo "tow., FULTON & 311ZET.L SURVL• PING. INC. T:[ SLITC 12. 1020 MACON STw EET FORT WORTH. TEXAS 76102 , (617) 333a625 December 29, 1980 FIELD NOTES BEING Lots 1 thru 10, Block 1, GOLDEN TRIANGLE ADDITION as recorded in Plat File B, Page 124, Denton County Plat Record, Also being all that certain tract or parcel of lancb..situated in the J. McG04IAN SURVEY, A-797; and in the City and Country'of Denton, ?'ras, and being all of a certain ,(called) 0.989 afire tract de- scribed in deed from Mary B. Gatlin Gray and Olan C.-Gray to Denton I MA-11 Comnanv recorded in Vol. 994,. Pa. 710, Deed Ratords of said County, Also being all that certain tract, lot, or patcel:o•, land lying and being situated in the City of Denton, State of Tejap, and the JOHN McGOWAN SURVEY, Abstract 797, also being a certairtztract of land designated as "Tract One" in a Warranty Deed from !Terry Kelsoe to Denton Mall Company as recorded in Volume 878, Pagea.874, Deed Re- cords, Denton County, Texas, Yo Also being all that certain tract, lot, or parcel q€ land lying and being situated in the J. McGOWAN SURVEY, Abstract ho7, Denton County, Texas; also being a tract of land designated as "Tract Two" in a Warranty Deed from Jerry Kelsoe to Denton MaltIrCompany, as re- corded in Volume 878, Page 874, Deed,.Records of Dc(p,ton County, Texas, Also being all that certain tract dr'parcel of land-lying and being situated in the J. McGOWAN SURVEY,-A-797, City anc}1gounty of Denton, Texas, and being all of the same tract described jji a Warranty Deed fr..a Claude 1!. Keeland to Denton Mall Company reC_qpded in Volume 907, Page 6000 Deed Records'of said County and being mo" particularly described as follows: ,.s 1 BEGINNING at a point'in the north right-of-way,jim of Interstate Highway 35E, said point being the intersectionspaicnt with the north- easterly right-of-way line of San Jacinto BOulevaxsI,, an 00.0 foot public street dedicated by the plat as recorded,iR,;Volume 15, Page 39, Plat Records, Denton County, Texas; ner. THENCE N .410 5111 E, 341.33 feet to the beginning of.a curve to the right whose center point bears 5 400 091 E, 960.0 beets Exhibit "J" Page 1 of,3 pages PAGE 2 FULTON Ai li1ZE:LE. SURVE=YING. INC. SwT[ 12 1020 M.CON STII[HT FORT WORTH. TEXAS 76102 (41a) asaasas THENCE continuing along said right-of-way line of said street and along said curve to the right in a northeasterly direction, through a central angle of 20° 471, a distance of 348.23 feet to the end of said curve; THENCE N 620 38' E continuing along said right-of-way line 872.53 feet to the beginning of a curve to the left whose center point bear's N 27° 22' We 1040.•0 feet; THENCE continuing along said right-of-way line and along said curve to the left in a northeasterly direction through a central angle of 120 491, a distance of 232.64 feet to the end of said curve; THENCE N 490 49' E, 359.92 feet continuing along said right-of-way line to its intersection with the southwesterly right-of-way line of Colorado Boulevard, a 100.0 foot wide public street; THENCE S 4G° 11' E along said'right-of -way line of said street 657.27 feet to the beginning of a curve to the right whose center point'bears S 49° 49' We 600.0 feet;. THENCE continuing along said right-of-way line of said Colorado Boulevard and along said curve to the right in a southerly direction through a central angle of 490 42', a distance of 520.46 feet to the end of said curve; THENCE S 90 31' We a distance of 37.00 feet to the beginning of a curve to the left whose center point bears.S 800 29' E, a distance I of 850.0 feet; VENCE continuing along said right-of-way li„e of said Colorado Boulevard and along said curve to the left in a southeasterly direction through a central angle of 400 001, a distance of 593.42 feet to the end of said curve, end of said curve being in the southwesterly right-of-way line of State Highway Loop 288, said end of curve also being the beginning of a non-tan3ent curve to the left whose radius 13 3880.0 feet and whose long chord bears S 540 17' 30" We a distance of 706.69 feet; THENCE along said right-of-way line of said State Highway Loop 288 and along said curve t6 the left in a southwesterly direction through a central angle of 101 271, a distance of 707.67 feet to the end of said curve; TH1.'NCE S 46° 59' b5" We 293.74 feet along the right-of-way line of State Highway Loop 288 to a steel pin; THENCE S 51-0 13' 45" We a distance of 50.69 feet to a concrete monument with a steel pin in the center; Exhibit "J" Page 2 of 3 pages i FULTON S Ml'LELL SLn1V1:YlNG, INC. SUITC 12 1020 MACON ST"c[T FORT WORTH, TEAS 76102 44$71 $35.3 Sao December 22, 1980 FIELD NOTES BEING Lots 9 and 10, Block 1, GOLDEN TRIANGLE ADDITION as re- corded in Plat File Be Page 1240 Denton County Plat Records, Also being all that certain tract or parcel of land situated in the J. MCGOWAN SURVEY, A-797, and in the City and County of Denton, Texas, and being all of a certain (called) 0.989 acre tract described in deed from Mary B. Gatlin Gray and Olan C. Gray to Denton Mall Company recorded in Vol. 9940 Pg. 710, Deed..-' Records of said County, Also being all that certain tract, lot, or parcel of land lying and being situated in the City of Denton, State of Texas, and the JOHN McGOWAN SURVEY, Abstract 7970 also being a certain tract of land designated as "Tract Ono" in a Warranty Deed from Jerry Kelsoe to Denton Mall Company as recorded in Volume 878, Page 874, Deed Records of Denton County, Texas, Also being all that certain tract, lot, or parcel of land lying and being situated in the J. McGOWAN SURVEY, Abstract 797, Den- ton County, Texas; also being a tract of land designated as "Tract Two" in a Warranty Deed from Jerry Kelsoe to Denton Mall Company, as recorded in Volume 878, Page 874, Deed Records, of Denton County, Texas, Also being all that certain tract or parcel of land lying and being situated in the J. McGOWAN SURVEY, A-7971 City and County of Denton, Texas, and being all of the same tract described in a warranty deed from Claude B. Keeland to Denton Mall Company recorded in Volume 907, Page 600, Deed Records of said County and being more particularly described as followss BEGINNING at an iron pin at the most southerly corner of said Lot 9, Block 11 said point being in the northeasterly R.O.W. line of Interstate Highway 35E; THENCE N 480 09' We along the southwesterly line of said Lot 9, Block 1, and the northeasterly line of said Highway, 183.82 feet to an iron pins 1 Exhibit "K" Page 1 of 3 pages ~PAGE 3 FUL'CO N << \I1'l.1;i,I. S L']t~'i:Tl \ C. I \ C. Suisc 12 1020 MACON STRE" FORT WORTH. TEXAS 7,1102 <a n) aaaa sac THENCE S 470 14' 15" W continuing along said State Highway Le..p 288, a distance of 182.57 feet to a nail in pavement, said ,fail being the most northerly cutoff coiner of the intersection of State High- way Loop 268 and the aforementioned Interstate Highway 35E; THENCE S 82° 43' 22" 41 along said cutoff line of said highway 76.0 feet to a concrete monument with steel rod in the center; THENCE N 560 45' 38" W along the northerly line of interstate High- way'35E, a distance of 101.79 feet to a concrete monument with steel rod in center; THE14CE N 57° 06' We 262.53 feet to an iron pin; THENCE N 460 09' W along the northerly line of said Interstate High- way 35E, a distance of 183.82 feet to a point; THENCE N 450 10' W continuing along said highway right-of-way line 300.40 feet to a point; THENCE N 480 09' We 379.5 feet along said highway right-of-way line to a point; THENCE S 890 22' We 23.33 feet along said highway right-of-way line to a point; THENCE N 480 09' We 540.21 feet along said highway right-of-way line to the POINT OF BEGINNING and containing 73.327 acres of land. I HEREBY CERTIFY that these field notes represent the results of computations based on a previous survey made on the ground and is true and correct to the best of my knowledge. WITNESS my hand and seal this the ag~± diy of 1980. Erent A. Mizell Registered Public Surveyor OF I ,C S ~t Exhibit "J" Page 3 of 3 pages 1 Page 2 FUI.TON fi DIIZI'.m' Smt1TTtNO, INC. SVn[I2 1020 MACON ST"[CT FORT WORTH. TEXAS 76102 4817) aaau~ THENCE N 000 58' E, 37.40 feet; THENCE N 450 06' 35" E, 31.45 feett THENCE S 890 , 02' E, 453.54 feet to an iron pint THENCE S 390 46' 05" We 185.09 feet; THENCE 5 50° 13' 42" E, 113.02 feet; THENCE N 400 27' 36" F., 116.10 feet to an iron pins THENCE N 390 39' 26" E, 49.13 feet to an iron pint THENCE N 400 19' 56" E, 112.69 feet to an iron pint THENCE S 890 02' E, 281.76 feet to an r.ion pin in the north- westerly R.O.W. line of Loop 2881 THENCE S 460 59' 05" We along the northwesterly R.O.W. line of said Loop 268, 293.74 feet to an iron pint THENCE S 510 13' 45" We continuing along the paid northwesters; R.O.W., 50.69 feet to an iron pin; THENCE S 470 14' 15" We continuing along the said northwesterly R.O.W., 182.57 feet to an iron pin; THENCE S 820 43' 22" We continuing along the said northwesterly A.O.W., 76.00 feet to an Iron pin in the northwesterly A.O.W. line of said Interstate Highway 35E; THENCE along the northeasterly R.O.W. line of said Highway 35E the followintjs N 560 45' 38" We 101.79 feet to an iron pint N 570 06' We 262.53 feet to the POINT OF BEGINNING and containing 172,813 square feet or 3.970 acres of land. 1 Job No. n00il I i Exhibit "K" Page 2 of 3 pages, PAGE 3 1, UI,TON fi,IIIZrLL S LRtl'IiY 1 N G, I\ C. SUITE 12 1020 MACON STRICT FORT WORTH. TEXAS 70102 fE171 ]]6•]i i] I HEREBY CERTIFY that these field notes represent the results of computations based on a previous survey made on the ground and is true and correct to the best of my knowledge. r~ WITNESS MY HAND AND SEAL this the :Z.:21 day of tnr+e62/` , 1980.• Brent A. Mizell 61 -7 Registered Public Surveyor I r~~S ,.,41... F , f Exhibit "K" Page 3 of 3 pages ~I A I" AND CORRECT CO", I HERESY CEATIFy r L2~Lau • lkliRY JC HILL, COUNlf CLEAn r DENTON COUNTY,TEXA5, SY E7y1tlni Y ~ 17 STATE OF TEXAS SS_ i1RF ) i,~ COUNTY OF DENTON ) C~JpiYC!u' 4Z~$Tlk TERMINATION OF EASEMENT AGREEMENT KNOW ALL HEN BY THESE PRESENTS that the undersigned, DENTON MALL COMPANY, a Texas limited partnership, and the CITY OF DENTON, in Denton County, Texas, a municipal corporation, as the Grantor and Grantee respectively in that, certain EASE- MENT AGREEMENT dated June 28, 1979, recorded in Volume 966, Page 365, in the Office of the County Clerk of Denton County, Texas, together with J. C. PENNEY PROPERTIES, INC., a Delaware corporation, SEARS, ROEBUCK AND CO., a New York .orpor.A'4ion, MONTGOMERY WARD DEVELOPMENT CORPORATION, a Delaware corpora- tion, CONSTRUCTION DEVELOPERS, INCORPORATED, an Arkansas corporatic.i, H. J. WILSON CO., INC., a Louisiana corporation, and Mcf:LURKAN'S, INC., a Texas corporation, each as the owner of fee simple title of a portion of the real estate dascribed in said Easement Agreement, do hereby cancel, terminate and rescind said Easement Agreement, and all of the rights, duties, and obligations granted, obtained and retained therein. IN WITNESS WHEREOF, the undersigned have each execi,ced the foregoing instrument as of the L day of .yar~~sr , 198p. DENTON MALL COMPANY, a Texas limited partnership By Dent DevelA ra, a Texas limit ed art erp, General Partner By Ntrbar} „y~y r e era Partner 11/28/86 r Ellm" r STATE OF INDIANA ) Sss COUNTY OF MARION ) Before me, a Notary Public in and for said County and State, on this day personally appeared A,,,~ S,N. r• r known to me to be the person whose name is subscrib„aed to the foregoing instrument, and known to me to be a General Partner in DENTON DEVELOPERS, a Texas limited partnership, general partner of DENTON MALL COMPANY, a Texas limited partnership, and acknow- ledged to me that he executed said instrument for the purposes and consideration therein expressed, and as the act of said limited partnership. Given under my hand and seal of office this A day of No~~.r6e~ .1981.• Notary Public My Commission Expires: My County of Residence iss I 2 - CITY OF DENTON, a Texas municpal corpora an 0By , May r Att CITty Clerk STATE OF TEXAS ) ) SS: COUNTY OF DENTON ) Before me, a Notary Public, in and f rnsaid County and State, on this day personally appeared ~]~u~ ) Q. Stewa-i , the MAYOR OF DENTOIJ, whose name is `subscribed to tie foregoing instrument end acknowledged to me that the same was the act of the CITY OF DENTON, TEXAS, a municipal corpora- tion, and that he executed `he same as the eit, of said muni- cipal corporatiun for the purposes and consiueration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of „ CT , 1981. Not 4y Public % My Commission Expires: ' 1 M I ~ J. C. PENNEY PROPERTIES, INC., a Delaware corporation By1 Attest: . 1 7 AAApOVfD 2~r_Ij';:1,. I Y.:':. i. erroeNCr ~S ~ I STATE OF QkLI 1 SS: COUNTY OFI~,W n ) On this J day 0' 1981, before me, a Notary Public n and for aid Coun and State, on this day personally appeared A. H. AMON JR. , known to me to be the _y,rroQaiLeNl o J. C. PENNEY PROPERTIES, INS., one of the corporations described in the foregoing instrument, and acknow- ledged that as such ofticer, being authorized so to do, he executed the foregoing instrument on behalf of said corpora- tion by subscribing the name of said corporation by himself as' such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, And as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In witness whereof, I he eunto set my hand and official seal. Notary Public 1 1 ~ My 0 Wqrks CVAN e, Staao of rJOT w York qo, 41.4,25718 Ca" F Ex it N: York Coommlmmis Ion [spires March 30, 1982 , , ' 4 - SEARS, ROEBUCK AND CO., a New York corporation P.tLecjt: / F ecutive Vice Fresident stan£ Secretary STATE OF 1 ) SS: COUNTY OF X!S LZ''L~ I On this L_`3~ day f I? a , 198/, before me, a Notary Public-Tn and f~75a Cour+ y and Mate, on this day personally appear L4 /1, /.7,f, , known to me to bt the y ~cGrs~r ~.G~l of SEARS, ROEBUCK AND CO., one of the corporations escr ed in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corp- oration by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corp- oration to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. Notary Public Celeste McCown, Mohr; %Y1, in and for DaN,%Coa.t;, e My Commission Expires: ,l r 5 ~ Signature Pago Turminatien of Easement Agreement Golden Triangle Mall Denton, Texas MONTGOMERY WARD DEVELOPMENT CORPORATION, a Delaware c,)rporAt-ion BY PAJ Attest: VICE PRESIDENT & "~ASuRER STATE OF :1:111n'00G ) SS., COUNTY OF (gip ) On this day of - i~ 1981, before me, a Notary Public n and~or Said Cou ty and State, on this day personally appeared A t , known to me to be theV'p rr ' r ]j M.< o MONTGOMERY WARD DEVELOPMENT CORPORATION, one of the corporations described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. yy , Notary P c ~ r NY commisslon by ej 9 is 83 t , My Commission Expiress ' r i 6 - H. J. WILSON CO., INC., a Louisiana orp rati _n CGC~ ~LV J BY ~5%~C^vY Attest. STATE ;R111fl.rAl ) SS: coutm oF.~aat~a - 1 On this day of 198 before mv, a Notary Public and fo ra d Co~~ty and State, on this day personally appeared /'known to me to be the of H;SON CO., INC., one of the corp- orations descr bed in the foregoing instrument, and acknow- ledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corpor- ation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corpor- ation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal, ko-iX h , Notary Pub is ti My Commission Expirese 1. • 1 1 I l I - 7 - LA CONSTRUCTIOM DEVELOPERS, INCORPORATED an Arkansas corporation A st: STATE OF fl~kr15 SS: COUNTY OF ~ULry~l ) On this day of i P)7i , 198 before me, a Notary Public in and for Sa d Cc my and State, on this day personally a geared C.)ftVC 11C• , known to me to be the C(5 ~CSI~C~t of CONSTRUC ION DEVELOPERS, INCORPORATED, one of the corporations described in the foregoing instrument, arid acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corpora- tion by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free an& voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hard arld official seal. Notary Public My Commission Expires: 1 - 8 _ MCCLURKAN'S, INC., a Texas corporation By V..urse-President Attest: Ase4et,3nt Secretary STATE OF } SS: COUNTY OF } On this day of ss~IKa.1: 198_9 before me, a Notary Public in and f aid ~oun*y and State, on this day personally ppearec] X , lJ known to me to be the ( I -ea ~ of McCLURKAN'S, INC., one of the corporations described in the foregoing instrument, and ack- nowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corp- oration by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corp- oration to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of sai3 corporation, for the uaes .A,:d purposes therein set forth. In Wi~,less Whereof, I hereunto set my hand and official `seal . Not' ~i ry Public My Commission Expires: 1 I I CONSENT AND JOINDER The undersigned, SOUTHWESTERN LIFE INSURANCE COMPANY, a Texas corporation, as the beneficiary under a Deed of Trust upon a portion of the real estate described in the Easement Agreement recorded in Volume 966, Page 365, in the Office of the County Clerk of Denton County, Texas, joins in the execu- tion of this Termination of Easement Agreement for the purpose of consenting to the execution thereof, and hereby gives and grants such consent. SOUTHWESTERN LIFE INSURANCE COMPANY !J. ..V By ATTEST: Executive Vice Presid nt /Z:;7 Assis a Secretary STATE OF TEXAS ) SS: COUNTY OF DALLAS ) On this day of anmary , 1981, before me, a Notary Publi n and for Said County and State, on this day personally appeared 11 arold a tl known to me to be the Exec. Vice Yresisien~ o SOUTHWESTERN LIFE INSURANCE COMPANY, one of t e corporatio's described in the foregoing instrument, and acknowledged t.at as such officer, being authorized so to du, he executed the foregoing instrument on behalf of said corporation by subscribing the name of said corporation by himself as such officer and caused the corp- orate seal of said corporation to be affixed thereto, as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official seal. i4aa y P bli My Commission Expires: CAROLI'N CARTER Commission Expires Nov. S, 1984 IZ/3/HO STATE OF TEXAS } SS: COUNTY OF DENTON } CONSENT AND JOINDER KNOW ALL MEN BY THESE PRESENTS: THAT For One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged, the undersigned, AMPIC ASSOCIATES, a Massachusetts limited partnership, as the owner of feu simple title to that certain parcel of real estate described in that certain Deed recorded in Volume 1060, Page 308, in the Office of the County Clerk of Denton County, Texas, and the rights, privileges and easements appurtenant thereto (the "Real Estate"), hereby joins in the execution of this Termination of Easement Agreement for the purpose of consenting to the execution thereof, and hereby gives and grants such consent and acknowledges that said Termination of Easement Agreement shall be binding upon the Real Estate. Executed this 11th day of September , 1981. AMPIC ASSOCI S a Massachuse is limited partnership by Uspic Co poration, its general partner By G~ 4)' Di ect r ni Pal PROVINCE OF ONTARIO ) JUDICIAL DISTRICT SS: OF YORK ) BEFORE ME, the undersigned authority, a Notary Public in and for the said Province and Judicial District, on this day personally appeared THOMAS H. BJARNASON, known to me to be the person whose name is subscribed to the foregoing instrument, and known to me to be a director of Uspic Corporation, the general partner of AMPIC ASSOCIATES, a Massachusetts limited partnership, and acknowledged to me that he executed the said instrument for the purposes and consideration therein expressed, and as the act of said limited partnership, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 11th day of September, 1981. e6LGGt/ Gy ` 7 A Notary Pu is in an or t e'Z Province of Ontario My Commission Expires: at the pleasure of Her Majesty I reside in The Municipality of Metropolitan Toronto 1 . r I I • I 1 111 1 • I ATFMROLiMttCopy, IWAEIYCtMM~• /N(~« ...e •..'i y~r~•. ARYJO t,, . • HILL, COl1NTY CLERK R N T TbN COUNTY, TEXAS f 3 3 X971 f~; 17 111 -3: 01 STATE OF TEXAS ) l, aS: COUNTY OF DENTOCI CGUII)YCLE:;.: ;?'+Cf.TEX. ) EASEMENT At'EEMENT KNOW ALL MEN BY THESE PRESEDTS that the undersigned, MONTGOMERY WARD DEVELOPMENT CORPORATION, a Delaware corporation having an office at One Montgomery Ward Plaza, Chicago, Illinois 60671, and H. J. WILSON, CO., INC., a Louisiana corporation having its principal office at 5825 Florida Boulevard, Baton Rouge, Lr.uisiana 70806 (hereinafter collectively referred to as "GR..ANTOR") for and in consideration of the sum of One and 00/100 Dollar ($1.00) in hand paid, the receipt and sufficiency of which is hereby acknowledged and confessed, does hereby GRANT, BARGAIN, SELL and CONVEY UNTO THE CITY OF DENTON, IN DENTON COUNTY, TEXAS, a municipal corporation, as a part of its utility contvol and distribution system its successors and assigns (hereinafter called "GRANTEE"), an easement over, upon, under and across the real estate located in Denton County, Texas, described in Exhibit "A" and shown in Exhibit "8", both of which are annexed hereto and made a part hereof (said real estate located within the easement hereinafter being referred to as the "easement area"), for the purposes of laying, installing, constructing, maintaining, operating, inspeciA ng, altering, replacing and removing subsurface distribu- tion lines and conduits for electrical and telephone utility service, to serve Grantor and commercial customers who conduct businesses on lands of Grantor and others, said lands to comprise what is known as the Golden Triangle Mall Shopping Center in the County of Denton, State of Texas. It is understood and agreed that the easements described in Exhibit "A" and shown on Exhibit "B" are solely for the purpose of granting to the Grantee easements to lay, install, construct, maintain, operate, inspect, alter, replace and 1/15/81 remove said distribution lines and conduits, except that Grantee shall have the right to excavate and perform necessary work upon the surface of the easement areas as and when required to install, repair, replace, remove and relocate such distribu- tion lines and conduits. Grantee shall not erect, install nor maintain any structures or improvements on the surface of the easement area described in Exhibit "A", except that Grantee may install, operate and maintain such fixtures and equipment on the surface of the easement area as may be necessary to provide electric and telephone service to the aforementioned cormercial customers, including but not limited to transfor- mers, switches, power factor correction equipment, meters and manholes, provided that any such surface fixtures and equipment shall be installed and maintained on the easement area in such a manner and at such locations as not to unreasonably interfere with the use and enjoyment of the surface of the easement areas by Grantor and its successors, assigns, tenants and invitees, for shopping center buildings, driveways, sidewalks, roadways, and parking of motor vehicles within the shopping center located on the real estate owned by Grantor. Grantee's subsurface lines and conduits shall be buried to such a depth below the surface so as not to interfere with Grantor's permis- sible use of the surface area of the easement. Grantee shall have the right of ingress and egress over, upon and across any driveways and roadways located on the surface of the lands owned by Grantor upon and within the boundaries of which the easement area is located, for purposes of access to the easement area. Grantee also shall have the right from time to time to cut and remove all trees, under- growth and other obstructions within or immediately surrounding the easement area which may injure, endanger or interfere with Grantee's use and enjoyment of the easement granted herein, all of which work shall be done at ;rantee's sole cost and expense. . 2 . i -A Grantor shall not, without the prior written consent of Grantee, erect or maintain any permanent structures or improve- ments upon the surface of the easement area or perform any act which would impair or interfere with Grantee's use and enjoy- ment of the easement herein granted; PROVIDED, HOWEVER, notwithstanding anything to the contrary herein contained, Grantor expressly reserves the right to pave the surface of the subsurface easement area with porous asphaltic or other suitable hard surface paving material, and to use the same for the parking of motor vehicles and for driveways, roadways and sidewalks, and for other purposes which will not interfere with Grantee's full use and enjoyment of the subsurface ease- ment right hereby granted. If the surface of the easement area or any improvements are disturbed by Grantee at any time and from time to time by the installation, repair, maintenance, removal, replacement or other work in connection with said lines and conduits, Grantee at its sole cost and expense, shall repair and restore the surface of the easement area or the improvements to substan- tially the same condition which existed immediately prior to any such disturbance, including, without limitation, any and all necessary repairs and replacements of pavement which may be removed or excavated by Grantee in the course of doing any such work within the easement area. Any work done by Grantee upon or within the easement areas at any time aru from time to time shall be done at such a time and `r such a manner as will cause a minimum of interference with the business being conducted by Grantor in the shopping center upon Its land surrounding and adjoining the easement area, but nothing hcrain contained shall prevent or prohibit the Grantee from performing any of its work during normal and customary daylit,+;t business hours. The Grantee shall, at the request of the Grantor, at any tim snd from time to time, remove its distribution lines and conduits and other facilities from the easement area and release and quitclaim the easement to the Grantor, provided 3 - i that the Grantor furnishes the Grantee an equivalent easement which will permit the continuation of utility service to customers other than Grantor whose service may be dependent upon the easement granted herein on the same terms as herein at another suitable location on Grantor's said land, and provided further iuch relocation of the lines and conduits snall be at the sole cost and exptetiSe of the Grantor. It is undecsLood and agreed that the same or similar easements and rights to use the easement area as are hereby granced to Grantee hereunder also have been or will be granted by Grantor to one or more other public utilities or municipal corporations or authorities for the purpose of laying, install- ing, constructing, maintaining, operating, inspecting, altering, replacing and removing subsurface line, pipes and conduits in common with Grantee hereunder on the sat,, or similar terms, and that to this extent the rights of Grantee hereunder shall be ion-exclusive and joint and mutual with the rights of any such other grantees, and that Grantee shall have the non- exclusive right to use the easement area in common with each such other grantee for such use and purposes. The Grantor hereby reserves the right to grant easements to other utilities or services which may intersect or transect the easements granted hereunder. Any easement. granted to a utility or service intersecting or transecting the easement granted hereunder shall be s,ibject to the rights of Grantee herein, and shall not be incompatible with, or interfere with, the continuing use of the easement granted hereunder. TO HAVE AND TO HOLD unto Grantee, its successors and assigns, so long as the rights and easement herein granted shall be used by Grantee for the express purposes and upon the terms and conditions specified, with ingress to and egress from the easement area, for the purposes of constructing, installing, repairing, maintaining, replacing and removing the facilities of Grantee herein described, but subject to all 4 liens, encumbrances, restrictions and prior easements of record. PROVIDED, HOWEVER, Notwithstanding anything to the contrary herein contained, the rights and easement herein granted shall be released and vacated by Grantee upon cessation by Grantor fo the use of its land surrounding and adjoining the easement area as a shopping center, unless Grantee reason- ably requires the continued use and maintenance of the easement as part of its distribution system for continuation of utility service to Gusto,-,e.s, other than Grantor, whose service may be dependent upon the easement granted herein. It is understood that this easement is granted primarily for the purpose of furnishing utility service to the shopping center buildings located upon the Grantor's land. Grantee shall indemnify, defend and hold harmless the Grantor, its successors and assigns, from and against any and all loss, cost, damage, expense, liability, claims, demands, actions and causes of action arising out ,L or result+rg from Grantee's use and enjoyment of the easement and the installa- tion, maintenance and operation of said lines and conduits by Grantee, including, without limitation, any and all claims and actions for personal or bodily injury, including death, to any person, and damage to the f.roperty of any party. It is agreed that this grant covers all the agreements between the parties and that no representations or statements, verbal or w0 ten, have been made modifying, adding to or changing the terms of this agreement, 'ibis Instrument shall be binding upon the parties, their successors and assigns. IN TESTIMONY WHEREOF, the Grantor herein has exeiuted this conveyance thin the day of ;jpra~~y 1981. H. J. WILSON CO., INC., a Louisiana Corporation Byt E S/aSN]' ATTEST t 5 - r STATE OF i,rr~ ) SS: CN 3 Y OF (adC4~s On this the tKL 4 day of before mer a Notary Vublic dul authoriz in and for the said GeAr W in the State aforesaid to to e, acknowledgments, personally appeared lzk4:i4 2" o P to me known and known to me to be .Ar. f of H. J. WILSON CO., INC., one of the corporations described in the foregoing instrument, and acknowledged that as such officer, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixed thereto, as his free and voluntary actr and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. In Witness Whereof, I hereunto set my hand and official scdl. Notary Pubtic My Commission Expires: MY of Residence: j 1 6 - Signature Page Easement Agreeorent Golden Triangle Nall Denton, Texas MONTGOMERY WARD DEVELOPMENT CORPORATION A Delaware Corporation By: ATTEST: VICE PRESIDENT & TREASURER th tu►. s{fir ~ r STATE OF _:T11r1)01S ) SS: COUNTY OF r~ l 9 Fs~, On this the~3 day of ?11riLLld~ 1 ~ before me, a Notary Public duly, authoriz d in and for the said County in the St to aforesaid to take acknowledgments, personally appeared i v t' 'r to m known and known to me to be the of MONTGOMERY WARD DEVELOP ENT CORPORATION, one o the corpora- ~ tions described in the foregoing instrument, and acknowledged that as such offic.=r, being authorized so to do, he executed the foregoing instrument on behalf of said corporation by subscribing the name of said corporation by himself as such officer and caused the corporate seal of said corporation to be affixod thereto, as his free and voluntary act, anti as the free and voluntary act of uald corporation, for the uses and purposes therein set forth. In Witness N hereof, 1 hereunto set my hand ant' ofF~Gial seal. rl Notriry' olt~ , My Commission Expirest ri~~ My County of kesidencei Coo ~ I I 7 - 0 FULTON' %TIZE'LL SUUV1-.'Y IN G. I. C. _ Suite 12 102o MACO N Sr"=n t FORT WORTH. TEXAS 76102 .t .6171 393.3{33 / JAN 14 1981 January 9, 1981 >lE61ti S1f'01' ? ''IaC. FIELD NOTES "E -1 RUNG a 15 foot wide utility easement situated in Tots 2 b Block 1, GOLDEN TRIANGLE ADDITION to the City of Denton as re corded in Cabinet B, Pg. 124, Denton County Plat Records, the limits of said easement being 8 feet each side of the following described centerline: BEGINNING; at a point in the east line of said Lot 2 and in the west line of Lot 3, said Addition, said point being S 110 28' 42" E, 10.24 feet from the most westerly northwest corner of said Lot 31 THENCE S 730 03' 18" W, 158.48 feet; THENCE N 860 37' W, 44.00 feet; THENCE S 070 07' E, 21.00 feet; THENCE N 82° 531 E, 7.0 feet to the end of the herein described easement. BEGINNING AGAIN at a point in the east line of Lot 2, and in the west line of Lot 3, said Addition, said point being S 11° 28' 42" E, 10.24 feet from the most westerly northwest corner of said Lot 3; 1~ THENCE N 730 031 18" E, 48.77 feet; THENCE 1; 796 08' 18" E, 25.00 feet to the end of the herein de- scribed easement. The limits of said easement shall terminate at face of buildings. I hereby certify that these field notes represents the results of computations based on a previous survey mide on the ground, and are true and correct to the best of my knowledge. WITNESS myZtand and seal this the 9th day of January, 1981. low a: »o ca•- ,YTv'a~G•~,zent A. M. tell Job No. 81005 Exhibit "A" 6 ~ I 1 '1 TA'R n M0 CORRECT ropy, ~nl May m..qy Jo DEN1~u~'ZERn Ji•;~;1 ~ `AwA' '•'it,`SYp.N ~:1,,t ' '.s&4"V kr~~,'„•.~;*,4' t ~ a,it~, e;aWrd•,A- ":=dti+: gs r:. Si ~`~'r ~a w ,ct~'',_ 7,~.~•'T:•:•! 5 / a V ~V Tilt PUr T HEREON 5.xAS P77 77") FROM A!; ACTUT,L SU.4BY OF THE LECALT,Y OG- :iCkIUED PJiOPERTY AS SHO1NN HEREON, THE LINES AND DIMENSIONS OF SAID PROPERTY BEING AS INDICATED BY THE [PLAT, THE SIZE, LOCATION AND TYPE 01' E;UII,1)I:JGS APID Ii1PR0VEMPNTS ARE AS SHOWN, ALL IMPROVEMENTS BEING I ITflI'I 'IJIE BOUNDARIES OF THE PROPER"PY, EXCEPT AS SHOWN, SET BACK FROM i 'i'11I3 Vl'oiPEPfY LINKS THE DISTANCES 11J1)ICATED, AND THE DISTANCE FROM THE 1 ,;h:1Rf1S'P Ii'i'1:;RSECTING STREET OR ROAD IS AS SilON1N ON SAID PLAT, T11CRE ';O ENCIPOACII~!Lr+TS, PROTRUSIONS I . OR APPAIt1sN'C EASEMENTS, EXCEPT AS r- r•..• .•I . r ~6r7f1i •1,fJltii:.k.L f ly'~7 a f1 f { i' V#/'o `to c SU4~~'~ Gc+'~o ,,el 8 , ' Lod' 2 ` - - t"+t! a LL4✓c / I 1'c/ Jp:,, fa 1i S • J r r 9•,~ 1. ~ A _I n 11 ~/d9 J , • 1 / Puimy a markc su/7ver1Nf1,INC. 1010 MACON SrRrrr, scarf /1 fOHT WOkrN, TEXAS 76101 ~B/71 3!S •d 616• MMI 1.7 ' ' Eeisf;G "CUda yp Py, a6s a` J ' / yam,, •c ~ . B . e r N • f' /ijPh f L; YI 6/ 1~ 1i C4.0 r ca ufc.rtc~_ . 16`1411vo Ull'illy Eo„e~»enf Sifua/ea' /n Zola ?0,5j ,E3lock / C01(ye"n 7iiang/~ rld~ifio/7 •/Jer~fon Cour7ty~ 7Nxa3 Exhibit "BM ✓~n~or 3, ~sB1 dlno~ CARTER U BURGESS. INC. ENGINEERS • PLANNERS 1100 MACON STRE11, TORT NORTH" TEXAS 76107 (617) S)S"]611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT N0. 1 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797 AND THE J. S. TAFT SURVEY, ABSTRACT NUMBER 1256, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of State Highway Loop 288, and the westerly right-of-way line of Colorado Blvd., said intersection point being the most easterly southeast corner of said Denton Mall Company tract, said point also being the beginning of a curve to the right whose radius is 850.00 feet and whose long chord bears N 100 X141 10" W, 365.45 feet; THENCE along said curve to the right and along said westerly right-of-way line of Colorado Blvd., in a northerly direction through a central angle of 24° 491 39", a distance of 368.32 feet to the POINT OF BEGINNING of EASEMENT NO. 1; THENCE S 780 311 1811 N, 137.2 feet to Point 1-A; THENCE S 780 311 18" W, 20.0 feet to a point; f~LD rM C~Stn;n-1 THENCE N 110 281 4211 W, 9.0 feet tc Faint 1-8; /i,~ ,•n, c--r THENCE N 110 281 42" W, 130.0 feet tj a point; r ll,4~ a THENCE N 220 201 41" E,.131.46 fQet to Point 1-G; THENCE N 220 201 4111 E, 87,72 feet to a point; THENCE N 110 281 4211 W, 128.13 feet to Point 1-H; THENCE N 110 281 42" W, 26.87 feet to the POINT OF TERmtnAitunt AND IN ADDITION BEGINNING AGAIN AT POINT 1-A; THENCE N 110 281 42" W, 10.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 1-G; THENCE N 670 391 1911 W, 72.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 1-8; i Page 1 of 2 5131/79 CEB No. 77349-01 Rev. 6/12/79 Rev. 9/24/80 Rev. 10/20/80 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 1 THENCE S 78° 31' 18" W, 268.5 feet to a point; THENCE S 110 28' 42" E, 5.0 feet to Point 1-D; THENCE S 110 28' 42" E, 27.98 feet to Point 1-E; THENCE S 11° 28' 42" E, 5.02 feet to Poii - 1-F; AND IN ADDITION BEGINNING AGAIN AT PUINT -D; THENCE S 78° 31' 18" W, 17.0 feet to the POINT OF TERMINATION: AND IN ADDITION BEGINNING AGAIN AT POINT 1-F; THENCE N 650 06' 48" E, 254.44 feet to a point; THENCE N 110 28' 42" W, 280.0 feet to the POINT OF TERMINATION, AND IN ADDITION BEGINNING AGAIN AT POINT 1-H; THENCE N 78° 31' 18" E, 12.0 feet to the POINT OF TERMINATION I HEPEBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of nay knowledge. WITNESS MY HAND AND SEAL this the Twentieth day of Oct a 1980, A.D. Carter s, Inc .~••~~a lit A r, ref H. Carter 4..., egistered Public Surveyor 5/31/79 C&B No. 77349-01 Page 2 of 2 Rev. 6/12/79 Rev. 9/24 80 Rev, 10/0/80 CB BARTER & BURGESS. INC. ENGINEERS • PLANNERS 1100 MACON 57R1l1, FORT WORTH, I1XAS 761D3 (8171 335•7611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 2 FIELD NOTES FOR A STRIP OF LAND 20.0 FEET IN WIDTH, OUT OF-THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at a point in the northerly right-of-way line of Interstate Highway 35E, said point being the most northerly southwest corner of said Denton Mall Company Tract; THENCE N 480 09' W, along said northerly right-of-way line, 131.82 feat to a point; THENCE N 410 51' E. leaving said northerly right-of-way line, 299.84 feet to a point; THENCE S 780 31' 18" W, 5.73 feet to Point 2-F, the POINT OF BEGINNING of EASEMENT No. 2; THENCE N 78" 31' 18" E, 1.79 feet to Point 2-0, THENCE N 780 31' 18" E, 3.94 feet to Point 2-E; THENCE N 780 31' 18" E,251,71 feet to Point 2-C; THENCE N 550 57' 41" E. 18.0 feet to Point 2-B; THENCE N 550 57' 41" E, 223,86 feet to Point 2-A; THE";CE N 550 57' 41" E, 5..58 feet to Point c"-H; THENCE N 110 28' 42" W, 142.17 feet to a point; THENCE N 780 31' 18" E, 278.44 feet to Point 1-E, the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 16.0 FEET WIDE STRIPS OF LAND; BEGINNING AGAIN AT POINT 2-D; THENCE S 110 28' 42" E, 65.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 2-C; THENCE S 081, 04' 45" E, 193.55 feet to Point 2-G; THENCE S 360 141 56" E,_46.05. feet to the southerly line, of the aforementioned Denton Mall Company tract; THE EASEMENT LINES ON EACH SIDE OF THE DESCRIBED CENTERLINE SHALL EXTEND TO SAID SOUTHERLY LINE; AND IN ADDITION BEGINNING AGAIN AT POINT 2-G; Page 1 of 2 5/31/79 C&B No. 77349-01 Rev. 6/12/79 RRev, 91/0120/80 r 1t. CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 2 Page 2 of 2 THENCE t 700 44' 06" W, 60.26 feet to the southerly line of said Denton Mall Company tract;' THE EASEMENT LINES ON EACH SIDE OF THE DESCRIBED CENTERLINE SHALL EXTEND TO SAID SOUTHERLY LINE; AND IN ADDITION BEGINNING AGAIN AT POINT 2-B; THENCE N 340 02' 19" W, 25.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 2-A; THENCE N 340 02' 19" W, 15.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 2-H; THENCE S 690 30' E, 15.0 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twentieth of October 1980, A.D. it 4j e., %I /egistered MBSSo C . TER f. Public Surveyor , . Paye 2 of 2 5/31/79 C&B No. 77349-01 Rev. 9/24/80 C6► CARTER G BURGESS, INC. ENGINEERS • PLANNERS i~ 1100 MACON C1 q[l i, fOgl WORTH, 1[%AS 76107 (111) I1S-7611 DESCRIPTION FOR, UTILITY EASEMENT NO. 3 BEING A PARCEL OF LAND OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 747, DENTON COUNTY, TEXAS, SAID PARCEL OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35E and the southerly right-of-way line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall Company Tract; THENCE N 41° 51' E, along said southerly right-of-way line, 81.39 feet to a point; THENCE N 780 33' 45" E, leaving said southerly right-of-way line, 352.53 feet to a point; THENCE N 11° 28' 42" We 8.34 feet to a point; THENCE N 78° 31' 18" E, 56D.,50 feet to a point; THENCE N 116 28' 42" We 13.5 feet to the POINT OF BEGINNING of EASEMENT NO.3; THENCE N 780 31' 18" E, 6,43 feet to a point; THENCE N 330 31' 18" E, 65.28 feet to a point; THENCE N 780 31' 18" E, 65,8 feet to the beginning of a non-tangent curve to the left whose radius is 60,0 feet and whose long chord bears N 010 54' 15" E, 27.77 feet; THENCE along said non-tangent curve to the left in a northwesterly direction through a central angle of 26° 45' 40", a distance of 2.02 feet to the end of said curve; THENCE N 78° 31' 18" E, 25.0 feet to a point; THENCE S 110 28' 42" E, 37.02 feet to a point; THENCE S 780 31' 18" We 7.0 feet to a point; THENt S 110 20' 42" E, 44.0 feet to a point; THENCt S 780 31' 18" We 16.0 feet to a point; THENCE N 110 28' 42" We 40.0 feet to a point; THENCE S 330 31' 18" We 76.37 feet to a point; THENCE N 780 31' 18" E, 11.13 feet to a point; THENCE S 11' 28' 42" E, 45.17 feet to a point; THENCE S 780 31' 18" We 53.30 feet to a point, I Page l of 2 6/1/79 C&B No. 77349-01 Rev, 6/12//79 l Rev. 1%20%80 i DESCRIPTION FOR UTILITY EASEMENT NO. 3 Page 2 of 2 THENCE N 110 28' 42" W, 28.78 feet to a point; THENCE N 560 28' 42" W, 17.28 feet to a point; THENCE S 780 311 18" W,16.99 feet to a point; THENCE N 110 28' 42" W, 27.0 feet to the POINT OF BEGINNING. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and ar4 true and correct to the best of my knowledge. WITNESS 14Y HAND AND SEAL this the Twentieth Day of October 1980, A.D. CAA~R UR h , Registered Public Surveyor fL [ i F. lft. . i y U14 „ ; I Rev. 10120180 I Page 2 of 2 . ` 6/1/79 C&B No. 77349-01 Rev. 6/12/79 Rev. 9/24/80 ON CARTER & BURGESS, INC. ENGINEERS • PLANNERS +100 MACON SI REET, FORT WORTH, 1E XAS 76,102 (017( 27S.2S11 CENTERLINE DESCRIPTION FOR UTILITY EASEMM NO, 4 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN wrm OUT OF THE J. V. MCGONAN SURVEY, ABSTRACT NUMBER 79T, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED To DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211,, DENTON COUNTY DEED RECORDS, THE CENTERLINE I OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSt BEGINNING FOR REFERENCE at a point in the northerly right-of-vey line of State Righvay No. 35E, said point being the most northerly southwest corner of said Denton Mall Company Tract; THE-.CE N 480 o9+ W. along said northerly right-of-vay line, 131.82 feet to the POINT OF BEGINNING of EASE)CWT NO. 4; THENCE N 410 511 E, 299.84 feet to the POINT OF TERMIXhTION, 1 HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge, WITNESS MY HAND AND SEAL this the 2nd day of May, 1979, A.D. y~~tG Of TF+9 h CART/~&GESC IN^: PlECRTER * 6614 c f..~,.• istered Public Surveyor e~ G1EAt N 5/30/79 CiB No. 77349-01 CARTER & BURGESS, INC. ENGINELRS • PLANNERS 1100 MACON STREET, TORT WORTH, TEXAS 76101 (1171 715.7611 CENTERLINE DESCRIPTION FOR UTILITf EASEMENT NO. 5 FIELD NOTES FOR A STRIP OF LAND 25.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FrR REFERENCE at a point in the northerly right-of-way line of Interstate Highway 35E, said point being the most northerly .Guthwe~.t corner of said Denton Mall Company Tract; THENCE N 48° 09' W, along said northerly right-of-way line, 131.82 feet to a point; THENCE N 410 51' 299.84 feet to a point; THENCE S 78° 31' 18" W. 5.73 feet to the POINT OF BEGINNING of EASEMENT No. 5; THENCE N 110 28' 42" W, 289.0 feet to Point 5-A; THENCE N 110 28' 42" W, 50.0 feet to Point 5-B; THENCE N 110 28' 42" W, 33_4,3 feet to Point 5-C, the POINT OF TERMINATION, AND IN ADDITION BEGINNING AGAIN AT POINT 5-A; THENCE S 780 31' 18" W, 17.5 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 5-B; THENCE N 7811 31' 18" E, 74.17 feet to the POINT OF TERMINATION. 1 i HEREBY CERTIFY that these field notes were prepared by computations and an actual survey madc on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Day of Sept , 1980, A.D. CARTER Iy . . ~i. CARTER Registered Public Surveyor Rev. 9/24/80 5/31/79 C&B No. 77349-01 to .1 CARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON 57 R[[1, FORT NORTH, TEXAS 7b107 1617) 33 S.7611 CENTERL:NE DESCRIPTION FOR UTILITY EASEMENT N0. 6 FIELD NOTES FOR A STRIP OF LAND 23.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A 1RACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at a poin' in he northerly right-of-way line of Interstate Highway 35E, said poil,L' oeing the most northerly southwest corner of Denton [call Company tract; THENCE N 480 09' W, along said northerly right-of-way line, 183.82 feet to a point; THENCE N 4511 10' W, continuing along said northerly right-of-way line, 300.4 feet to a point; THENCE N 480 09' W. continuing along said northerly right-of-way line, 258.5 feet to a point; THENCE N 110 28' 42" W, 52.51 feet to the POINT OF BEGINNING of EASEMENT NO. 6; THENCE N 780 31' 18 E, 160.52 feet to Point 6-A; Pj THENCE N 780 31' 18 E, 04'.10 feet to Point 6-13; THENCE N 780 31' 18" E, 22.21 feet to Point 5-C, the POINT OF TERMINATION; AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 6-A; THENCE N 110 28' 42" W, k" ,feet to the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 6-8; THENCE N 1111 28' 42" W, X5.67 feet to Point 6-1); THENCE N 110 28' 42" W, 20.16 feet to Point 6-E, the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAND BEING 8.0 FEcf NORTH AND 17.0 FEET SOUTH OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AGAIN AT POINT 6-E; THENCE N 780 31' 18" E, 47.0 feet to Point 6-C; 5/31/79 Page 1 of 2 C&B No. 77349-01 Rev. 6/12/79 Rev. 9/24/80 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 6 AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 6-C; THENCE N 78° 31' 18" E, 26.88 feet to the POINT OF TERMINATION; AND IN ADDITION A 25.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 6-B; THENCE S 11° 28' 42" E, 15.0 feet to the POINT OF TERMINATION; AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 6-D; THENCE N 78° 31' 18" E, 103.87 feet to the POINT OF TERMINATION. I HEREBY CERTIFY THAT these field notes were prepared by computations and an actual survey made on the ground adn are true and correct to the best of nay knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Day of Sept , 1980, A.D. CARTE D,'& BUR~GESS, I r SE OF JE.~. ►s ~ i it joHst CART ER ered Public Surveyor 3~i• t;I Rev. 9/24/80 5/31/79 Page 2 of 2 CAB No. 77349-01 Rev. 6/12/79 ON CARTER G BURGESS. INC. ENGINEERS • PLANNERS 1100 MACO1. STREET, FORT N'OATM, TtRAS 76102 10171 375-]611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT N0. 7 FIELD NOTES FOR A STRIP OF LAND 25.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at a point in the northerly right-of-way line of Interstate Highway 35E, said point being the most northerly southwest corner of said Denton Mall Company tract; THENCE N 48° 09' W, along said northerly right-of-way line, 183.82 feet to a point; THENCE N 450 10' W, continuing along said northerly right-of-way line, 300.4 feet to a point; THENCE N 48° 09' W, continuing along said northerly right-of-way line, 258.5 feet to the POINT OF BEGINNING, of EASEMENT NO. 7; THENCE N 110 28' 42" W, 277.51 feet to Point 1-A; THENCE N 110 28' 42 W, 282.11 feet to POint 7-B; THENCE N 110 28' 42 W, Zj.39 feet to Point 7-C; THENCE N 110 281 42" W, 8.34 feet to Point 7.D; THENCE N 110 281 42" W, 21.27 feet to the POINT OF TERMINATION; AND IN ADDITION A 10.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 7-A; THENCE N 780 311 18" E, 954 feet to the POINT OF TERMINATION; AND IN ADDITION A 16.0 FOOT WIDE STRIP OF LAND BEGINNING AT POINT 7-B; THENCE N 780 31' 18" E, 55.Qjeet to the POINT OF TERMINATION. I HEREBY CERTIFY that tl use field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twenty-Four/egistered 5 mber, 1980, A. D. UR C. r CA......cO a1.s Public Surveyor 4~Eg, y6514 5/31/79 ~j.~...... ' CAB No 77349-01 ~s~~Rev. 9124/80 2 CARTER G BURGESS. INC. ENGINEERS • PLANNERS ON 1100 MACON STREET, FORT K'ORT", TEXAS 76107 X6171 3}57611 CENTERLINE DESCRIPTION FOR UTILITY EASEMFNT NO'. 8 FIELD NOTES FOR A STRIP OF LAND 16,0 FEET IN WIDTH OUT OF THE, J. W. MCGOWAN SURVEY, ABSTRACT NO. 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUMP 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING FOR REFERENCE at the intersection of the northerly rigbt-of-RF,y line of Interstate Highvay 35E, and the southerly right-of-vay line of San Jacinto Blvd., said point being the most northvesterly corner of said Denton Mall Company Tract; THENCE N 41° 51' E, along the southerly right-of-way line of said San Jacinto Blvd., 81.39 feet to the POINT OF BEGINNING OF EASEMENT NO. 8, THENCE N 780 33' 45" E, 352.53 feet to Point 7-C, the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY MA AND SEAL this the 24 day of Sc tembe 1980, A.D. , ♦ 1 i S~fSE GF . CAg7ER 6 RGE N 4 H~ ...RTfR / i ti~~ 661i c 7 I E CA R I~ f~~;Sttagistered Public Surveyor . 5/3I/79 C&B No. 77349-01 Rev. 61121,79 Rev. 9/24/80 ON CARTER & BURGESS, INC. ENGINEERS - PLANNERS 1100 MACON 51 REEF, FORT %ORIN, IE%AS 76107 f91 7 ) 3357611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 9 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. MCOOWAN SURVEY, ABSTRACT FUN.BER 79< AND THP, R. R. EOPKINS SURVEY, ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the vcsterly right-of-vay line of Colorado Blvd. and the southerly right-of-vay liT:e of San Jacinto Blvd., said corner being the northeast corner of said Denton Mall Company Tract ; TmcE S 49° 491 W, along said southerly right-of-vay line, 205.0 feet to the POINT OF BEGINNING of EASEKE T NO. 9; THENCE S 40° Ill E. leaving said southerly right-of-vay line, 123.62 feet to the beginning of a curve to the right vhose center point bears s 49° 49, W, 150.0 feet; THENCE along said curve to the right in a southerly direction through a central angle of 28° 421 18"0 a distance of 75.15 feet to the end of said curve; THENCE S 110 281 42" E, 599.73 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knodledge. WITNESS MY HAND AND SEAL this the 2nd day of May, 1979, A.D. tiSE OF q%%j CARTER 6 gBIXESI wA•••r. /istered V°o,46611 ~a,7.~ Public Surveyor 1 d G•r r t~, • 5/31179 as No. 17349-01 CARTER & BURGESS, INC. ENGINEERS PLANNERS 1100 MACON STREET, FORT NORTH, TEXAS 76197 1117) 3357611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 10 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, AND THE R. H. HOPKINS SURVEY, ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO "ENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF. LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , BEGINNING FOR REFERENCE at the intersection of the westerly right-of-way line of Colorado Blvd. with the southerly right-of-way line of San Jacinto Blvd., said point being the northeast corner of said Denton Mall Company tract; JacintoTHEBlNCEvdS.435990 49.9; W, along the southerly right-of-way line of said San THENCE S 4611 23' 47" E, leaving said southerly right-of-way line, 92.49 feet to a point; THENCE S 8111 45' 4211 E, 403.35 feet to the beginning of a curve to the right whose center point bears S 08° 14' 1811 W. 248.0 feet; THENCE along said curve to the right in a southeasterly direction through a central angle of 49° 06' 40", a distance of 212.57 feet to the end of said curve; THENCE S 320 39' 02" E, _,S 30 feet to the POINT OF TERM] NAT] ON, said point being in the aforementioned westerly right-of-way line of Colorado Blvd.; THF. EASEMENT LINES ON EACH SIDE OF THE ABOVE DESCRIBED CENTERLINE SHALL EXTEND TO SAID RIGHT-OF-WAY LINE OF COLORADO BLVD.. I HERBY CERTIFY that these field notes were prepared by computations and an actual survey on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Twentieth ay of erg , 19800 A.D. i Carter Bur ss, In F j E( ter . > °c Registered Public Surveyor f fllyVtili i 6614 .,5/31/79 'ssI?••,, C&B No. 77349-01 Rev. 6,'12/79 Rev. 9/24/80 Rev. 10/20/80 CARTER & BURGESS, INC. ENGINEERS - PLANNERS 1100 MACON 5T RELT, FORT K'ORT H, TEXAS 761D3 (817) 335.7615 DFSCPIP'TION FOR UTILITY EASEMENT NO. 11 FIELD NOTES FOR A STRIP OF LAND OF VARIABLE tiTDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797 AND THE J. H. TAFT SURVEY, ABSTRACT NUM M 1256, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND COW= TO DENTON MALL COMPANY PY DEED RECORDED IN 101UME 858, PAGE 2119 DENTON COUNTY DEED RECORDS, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING FOR REFERENCE at the intersection of ',tie westerly right-of-vay line of Colorado Blvd., with the southerly right-of-vay line of San Jacinto Blvd., said point being the northeast corner of said Denton Mall Company Tract ; THENCE S 400 Ill E, along said westerly line of Colorado Blvd., 657.27 feet to the beginning of a curve to the right whose raiius point bears S 49° 491W9 600.0 feet; THENCE along said curve to the right and continuing along said westerly right-of-way line of Colorado Blvd., in a southerly direction through a central angle of 26' 23' 15"s a dfs tance of 276.33 feet to the POINT OF BEGINNING of F-ABT-%%'!9T 210. 11; THENCE continuing along said curve to the right and the westerly right-of-vay line of said Colorado Blvd., in a southwesterly direction through a central angle of 014 14' 31", a distance of 13.01 feet to a point; THENCE 8 780 31' 18" W, 145.17 feet to a point; THENCE S 110 28' 42" E, 9.34 feet to a point; THENCE N 78° 58' 42" W, 182.67 feet to a point; THENCE S 78a 31' 18" W, 158.38 feet to a point; THENCE 8 330 31' 18" W, 13,66 feet to a point; THENCE N 110 28' 42" W, 5L1jeet to a point; THENCE 11 T6* 31' 18" E, 9-M3, feet to a point; THENCE S 780 58' 42" E, 65.33 feet to a point; THENCE N 786 31' 18" E, 47.04 feet to a point; THENCE 8 78" 58' 42" E, 166.11 feet to a point; THENCE R 780 31' 18" E, 122.54 feet to the POINT OF BEGINNING I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNES6A-AAND AND SEAL this the Twentieth Day of October, 1980, A.D. EO:) N5 0 b~ t'sl~ CARTER 6 % ' ii Hi CARUA i q~- 6611 E; CA ' R 5/31/79 p~' '~~LT55t Pr•'p~. Be~istered Public Surveyor 77349-01 4//80 Rev. %2 Rev. 12D/80 CARTER & BURGESS, INC. ENGINEERS + PLANNERS 1100 MACO% STREET, TORT NORTH, Tr6A3 76107 (817) 335.7611 DESCRIPTION FOR UTILITY EASEMENT NO., 12 BEING A STRIP OF LAND OF VARIABLE WIM OUT ABSTRACT NUMBER 1694, DENTON CCU9TY T ERASOF THE R. H. ROPM' s SURVEY OF A TRACT OF LAYD CONVEYED TO EN40N , SAID STRIP OF LARD BEING VOLUME 858, PAGE 211 D D MALL COMPANY By DEEP R APART MORE PARTICULARLY DESCRIBEDO f~ , ~DEID RECORDS, SAID STRIP OFRLAND IBEING BEGINNING FOR REFERENCE nt the line Ni Interstate HN t e intersection of the northerly of 35E San Jacinto Rlvd., slid point d the southerl right-of-Of a11 Cora an being the not y right cruse of sline p y Tract; hvest corner of said line Denton TTMIcE R 410 51' E, along the southerly right-of-vay line of San J + 341.33 rest to the begiant point bears S 480 , et of a curve to the right aclato 09 E, 960.0 feet; . 3+►lose center THENCE along said curve to the right right-of-usy line of Sn and continuing alo through a central an an Jacnto Blvd, in a northeaster said southerly end of said curve; angle of 200 47'00~~ a distance of direction ` 348.23 feet to the THENCE N 620 38' San Jacinto BlvdE, continuing along said southerly ri ht 515-13 feet to the POINT OF BEGINNING of ~y line of THENCE N 620 38'.E EMENT N0. 12; San Jacinto Blvd' continuing along said southerly ri ht- 37.45 feet to a point; g of-way line of THENCE S 110 28' 42" E, to n point; leaving said southerly, right-of-vay line 93.5 feet THENCE S 280 32 r 3611 E THENCE S 78° 31' 18" x, g.8 71 feet to a point; THENCE N 11° 28' ,15S7,teet t0 a point; 42 w+ 1Z6,$.4 , feet to a point ; THENCE R 280 32' 36" ilr 78.113 feet to the POINT OF BEGINNING, I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of MY knowledge. WITNESS 14Y HAND AND SEAL this the 24 day of iti*ZE of •T f+SePten~ bed . . Ab sf+~~ CARTER A FUR G H~ cARrui E. H. CAR , eg ste . Public Surve 4i~;s9 661< e.l yor 6/1/79 Rev. 9/24%8049-01 ~,..~~.r 7 r, CARTER G BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON St Ott[ 1. ,00.1 WOO TH, /6%AS 76102 (d17) 555.2611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT N0. 13 Y FIELD NOTES FOR A STRIP OF LAND 20.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, AND THE R. H. HOPKINS SURVEY,'ABSTRACT NUMBER 1694, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME'858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE Of SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35E and the southerly right-of-way line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall Company tract; THENCE N 410 51' E, along the southerly right-of-way line of San Jacinto Blvd., 341.33 feet to the beginning of a curve to the right whose center point bears S 460 09' E, 960.0 feet; THENCE along said curve to the right and continuing along said southerly right-of-way line of San Jacinto Blvd., in a northeasterly direction through a central angle of 20° 47' 00", a distance of 348.23 feet; THENCE N 62° 38' E, continuing along said southerly right-of-way line of San Jacinto Blvd,. 515.13 feet to a point; THENCE S 280 32' 36" E, leaving said southerly right-of-way line of San Jacinto Blvd., 78.43 feet to a point; THENCE S 110 28' 42" E, 27, 4 feet to a point; THENCE N 780 31' 18" E. 12.5 feEt to the POINT OF BEGINNING OF EASEMENT NO. 13; THENCE N 780 31' 18" E, 46.0 feet to Point 13-A; THENCE N 780 31' 18" E, 393.5 feet to Point 13-13; THENCE N 78° 31' 13" E, 49,0 feet to a point; THENCE S 110 28' 42" E, 950.19 feet to Point 13-C; THENCE S 11° 28' 42" E, 14.56 feet to Point 13-1); THENCE S 11° 281 42" E, 1.93 feet to Point 13-E; THENCE S 110 281 42" E, 57.84 feet to a point; THENCE S 180 31' 18" W, 65.0 feet to a point; THENCE S 110 2R' 42" E, 25.0 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 16.0 FOOT WIDE STRIPS OF LAND, BEGINNING AGAIN AT POINT 13-A; Page 1 of t 6/1/79 C&B No. 77349-01 Rev. 6/12/79 Rev. 9/24/80 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 13 THENCE N 110 28' 42" W, 27.0 fept the POINT OF TERMINATION; AND IN ADDITION err,NrllNG AGAIN AT POINT 13-8; THENCE N 110 28' 42" W, 27.0 feet to the POINF OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 13-C; THENCE N 78° 31' 18" E, 20.0 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 16.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 13-D; THENCE S 78° 31' 18" W, 68:62 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 40.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 13-E; THENCE N 780 31' 18" E, 252.85 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 25.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT OF BEGINNING OF EASEMENT NO. 13; THENCE S 11° 28' 42" E, U O.feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of PV knowledge. WITNESS MY HAND AND SEAL this the Twenty-Fourth Day epte r, 1980, A.D. CA BU SS, F r~r1r tF % r a : . E H AR ;CIR L;" Reg stered Public Surveyor 4/Tt'•. ~...cs i ~ Paye 2 o' 2 6/1/79 CAB No. 77349-01 Rev. 9/24/80 CARTER G BURGESS, INC. ENGINEERS • PLANNERS 1100 AAACON STREET, FORT NORTH, TEXAS 76107 (017) 73S 2611 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT NO. 14 FIELD NOTES FOR A STRIP OF LAND 27.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PART OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highway 35E and the sortherly right-of-way line of San Jacinto Blvd., said point being the northwest corner of said Denton Mall Company Tract; THENCE N 41° 51' E, along the southerly right-of-way line of said San Jacinto Blvd., 81.39 feet to a point; THENCE N 780 33' 45" F, 352.53 feet to Point 7C; THENCE N 110 28' 42" W, 8.34 feet to Point 70, the POINT OF BEGINNING OF EASEMENT NO. 14; THENCE N 78° 31' 18" E, 253.54 feet to POint 14-A; THENCE N 78° 31' 18" E. 19.0 feet to Point 14-B; THENCE N 780 31' 18" E, 287.96 feet to the POINT OF TERMINATION; AND IN ADDITION THE FOLLOWING 16.0 FOOT WIDE STRIP OF LAND BEGINNING AGAIN AT POINT 14-A; THENCE S 110 28' 42" E, 30.0 feet to the POINT OF TERMINATION; AND IN ADDITION BEGINNING AGAIN AT POINT 14-B; THENCE S 1111 28' 4211 E, 13.5 feet to the POINT OF BEGINNING of an easement of VARIABLE WIDTH; THENCE S 78° 31' 18" W, 5.0 feet to a point; THENCE S 110 281 42" E, 63.85 feet to a point; THENCE N 780 31' 18" E, 10.0 feet to a point; THENCE N 110 28' 42" W, 17.35_feet to the beginning of a curve to the right whose radius point bears N 78° 31' 18" E, 55.0 fee,; THENCE along said curve to the right in a northeasterly direction through a central angle of 570 43' 14", a distance of 55.41 feet to the end of said curve; THENCE S 780 311 18" N, 30.63 feet to the POINT OF BEGINNING. 6/i/79 CEB No. 77349-01 Rev. 9/24/80 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT N0. 14 Page 2 of 2 l HEREBY CERTIFY that these field notes were p an actual survey rude on the of my knowledge, ground and are true and dcorr ect~to the tions and best WITNESS MY HAND AND SEAL this the Twenty-Fourth 'Day of September, 1980. A, Q, Carter 8 g~ s, , n OF ,"E;~ If G W GARf(R ~ ! E.-H.' f rter 6614 Registered Pablic Su rveyor I 6/1/19 CAB No. 17349-01 Rev. 9/24/80 r r ON CARTER & BURGESS, INC. ENGINEERS • PLANNERS 1100 MACON STRSFT, FORT IAORi M, TEXAS 76102 1W) 335.7611 CENTERLINE DESCRIPTION OF UTILITY EASDdENT NO: 15 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. MCGOWAN SURVEY, ABSTRACT NUMBER 797, DENTON COUNTY, TEXAS, SAID STRIP OF LAND BEING A PORTION OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLIAWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of Interstate Highvay 35F and the southerly right-of-vay line of San Jacinto Blvd., said point being th!•::orthwest corner of said Denton Mall Company Tract; THENCE N 41° 51' E, 8.0 feet along said southerly right-of-vay line, to the POINT OF BEGINNING of EASEMENT NO. 15: THENCE S 480 09' E, 537.10 feet to a point; THENCE. N 89° 22' E, 23.33 feet to a point; THENCE 6 480 091 E, 382.82 feet to a point; THENCE 6 45° 101 E, 300.40 feet to a point; THENCE 8 480 09' E, 183.07 feet to the POINT OF TERMINATION. i HEREBY CERTIFY I , these field notes were prepared by computations and an actual survey ..jade on the ground and are true and correct to the best of my knowledge. WITNESS KY HAND AND SEAL this the Sixth Day of June , 1979s A.D. i Carter !S B es , Inc. OF Tf ~1t31 / E. Ca t r E.I C"Aiii ; Reg'lstered Public Surveyor 6614 6/6/79 C&B No. 77349-01 Eff- CARTER & BURGESS, INC. ENGINEERS PLANNERS 1100 MACON 51 Rill. ORS NORI N, IERAS Ibl02 (111( 115.71,11 CENTERLINE DESCRIPTION FOR UTILITY E`sEvrr EG: 16 FIELD NOTES FOR A STRIP OF LAND 16.0 FEET IN WIDTH OUT OF THE J. W. McGOWAN SURVEY, ABSTRACT NUMBER 79T. DE"17015 COUNTY, TEXAS, SAID STRIP OF LAND BEING A PORTION OF A TRACT OF LAND CONVEYED TO DENTON MALL COMPANY, BY DEED RECORDED IN VOLUME 858, PAGE 211, DENTON COUNTY DEED RECORDS, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIPED AS FOLLOWS: BEGINNING FOR REFERENCE at the intersection of the northerly right-of-way line of State Highway Loop 288 and the weoterly right-of-way line of Colorado Blvd., said intersection point being the most easterly southeast corner of seid Denton Mall Company Tract, said point also being the beginning of a non-tangent curve to the left whose radius is 3880.0 feet and whose long chord bears i 54° 171 30" W, 706.69 feet; THENCE along said non-tangent curve to the left and along said northerly right-of-vav line of Loop 288, in a southwesterly direction through a central angle of 10° 27' 00", a distance of 707.67 feet to the end of said curve; THENCE N Bqo 021 w, 231.76 feet to a point; THENCE S 40° 19' 56" W, 112.69 feet to a point; THENCE S 39`' 39' 26" W", 49.13 feet to a point; THENCE S 4o° 27, 36" w, 242.80 feet to the POINT OF BEGINNING of EASEMENT No. 16; THENCE N 57° 06' W, 112.30 feet to the POINT OF TERMINATION. I HEREBY CERTIFY that these field notes were prepared by computations and an actual survey made on the ground and are true and correct to the best of my knowledge. WITNESS MY HAND AND SEAL this the Sixth day of June, 1979, A.D. i Carter urgers, Inc. SPt. GF Jt°~tE+ •~~~••~~~i •11',1 ~ [E-`!~~ E. H. arter • < Registered Public Surveyor 1• 6619 tt~~pJ~~itT°;'t• 616/79 C6$ No. 77349-01 CARTER & BURGESS, INC. ENGINEERS PLANNERS "00 MACON STR(7T, 7ORT KORTH. TESAS ?6707 8171 733.7617 CENTERLINE DESCRIPTION FOR UTILITY EASEMENT Np; 17 FIELD NOTES FOR A STRIP OF LAND 16,0 FEET IN DEHMN ABSTRACT COUNTY ER 797 AND 1THE 6. J. E WIDTH OUT OF THE J. W• •teGOWAN OY t,M CONVEYED . TEXAS, SAID STRIP OF TAFT ~M ACCT NUhf9ER LIM PACE 21.1TO DENTOR MALL COMPAA7, BY DEEaBEING ;DFO~NO OLD 8 8CT BEING MORE pI C D IBE S, THE CENTERLINE OF PARTICULARLY ARLY DEZC SCRIBFa As FOLtoWS; SAID STRIP OF LAND BEGINNING FOR REFERENCE at the intersection of the oortherlY right-of-way line of State Highway Loop 288 and . ~ Colorado Blvd the westerly right-of- the right . said point being the beginning a Of nY line of ° chose radius of Is 850.0 feet 8,C and 'hose lon gent curve to N 30 12' feet; R chord bears THENCE along said hon-tangent curve to the and along said ht-of-way line 00 westerly 000 320 2!tgp a distanc right No. 32' 2i" northerteetirection through a central angle l7, said point being Of the 8.0 beginning otennPoIx onT OF AEGIlPNINO of FASoEafET~q whose radius is 3888.0 feet and whose long chord bears s 717.05 feet; tangent curve to the left S 54° 13' 35" W, through along said non-tangent curve to cen l angle of 200 3b the left in a southwester l POINT OFnTERMINTPATION, d ' 55", a distance Y direction of 718.07 feet the I HEREBY CERTIFY that these field notes were prepared b of rry knowledge by computations and an actual survey made On the ground and are true and correct to the best WITNESS MY HAND AND SEAL this the Twentieth Day of 0 bar S 0 A D I c. Cartep•d gr' y~ ss' In 1~..E Of ....111 A E. H. &rter i'. cRart?. Registered Public ,6614 Surveyor es~ JSSt~4F, 617!79 Co 1PO, 77349-o1 Rev. 10120180 I I I i /I8l~ OF C1 ~lL / rY FILE NA