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HomeMy WebLinkAbout24-371RESOLUTION NO. 24-371 A RESOLUTION OF THE CITY OF DENTON DENYING DONALD J. STEINBERG’S PETITION FOR REMOVAL OF PROPERTY FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON AND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’S EXTRATERRITORIAL IURISDICTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 7, 2024, Donald J. Steinberg (the “Petitioner”) submitted a petition for the release of property from the extratenitorial jurisdiction of the City of Denton (the “ETJ”), a copy of which is attached hereto as Exhibit A (the “Petition”); and WHEREAS, the property sought to be released is located at 2157 E. Hickory Hill Road and described by metes and bounds in Exhibit A (the “Property”); and WHEREAS, pursuant to Section 42.023 of the Texas Local Government Code, the ETJ of the City may only be reduced if the City Council has exercised its legislative authority to consent to the reduction of the City’s ETJ; and WHEREAS, pursuant to Article 11, Section 1 of the Texas Constitution, landowners may not be delegated the legislative authority to remove their property from the City’s ETJ without the consent of the City Council; and WHEREAS, Subchapter D of the Texas Local Government Code Chapter 42 is an unconstitutional delegation of legislative authority and conflicts with the City’s grant of legislative discretion under Local Government Code section 42.023; and WHEREAS, the City Council finds that it is in the best interest of the City to deny its consent to the Petition, the removal of the Property from the City’s ETJ, and to the reduction in size of the City’s ETJ; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES : SECTION 1. The above recitals are adopted as findings of the City Council. SECTION 2. The Petition for release of the Property from the City’s ETJ is hereby denied. SECTION 3. The City denies consent to the removal of the Property from the City’s ETJ and the reduction in size of the City’s ETJ. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase, or word in this resolution is held invalid or ineffective by any court of competent jurisdiction, such holding shall not affect the validity or effectiveness of the remaining portions of this resolution, and the City Council of the City of Denton, Texas hereby declares that it would have adopted such remaining portions despite any such holding. h l g r H t A SECTION 5. This resolution shall become effective immediately upon its passage and approval. second,dbJhi::Tbo:*h %[:::: Tis.rE:mionw” TLd: ::,I„t:,T:{,pq£ejGi\pp„„,da:: the following vote U- E : Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: V -1-Z J- P/ -1 P/ PASSEDANDAPPROVEDthi,th, 5+- d,y ,f M,r,k _, 2024. ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\ \ II EN III /Z/ TO APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY BY: ge ny''3:-2:17 "' b. , +i 1 1 + + 4 h I • nl • \ { . k ' \ -\ n - . - \\ COATS I ROSE VrCrORCRISTALES Aux:IATE Certified Article Number Ty Iq ??bb way ?lbS y3b} qq vmlsiATf,®OATSROSE.COM DIRECr: (972) 419-4704 FAX, (972) 702-Cb62DER’S RECORD February 2, 2024 VIA CERTIFIED MAIL Office of the City Secretary City of Denton Attn: Jesus Salazar 215 E. McKinney St. Denton, Texas 76201 Re:Petition for Release Rom the City of Denton’s Extratenitorial Jurisdiction (the “Petition”) Mr. Salazar: Enclosed please find a copy of the above-described Petition, pursuant to Chapter 42 of the Texas Local Government Code, as amended. Also included with this correspondence are the deeds evidencing ownership of the property by Dr. Donald Steinberg, the Petitioner. Please reach out to Mindy L. Koehne at mkoehne(g}coatsrose.com or (972) 982-8461 with any question regarding the Petition Very truly yours, Enclosure Victor Crisale; 16(xx) N. DALLAS PARKWAY, Surrr 350, DALLAS, TEXAS 75248 PHONn (972) 78&16CX) FAx: (972) 702+b62 c{)atsrose. corn HOUSTON I AUSTnq t DALLAS I CINCINNATI 018491 .(XX)(X)1\4871 -3882.7170.v 1 PETmON FOR RELEASE FROM THE CITY OF DENTON’S EXTRATERRrFORLAL JURISDICTION THE STATE OF TEXAS COUNIY OF DENTON TO THE HONORABLE MAYOR AND CITY COUNCIL, crrY OF DENTON, TEXAS: COMES NOW the undersigned (the “Petitioner”), acting pursuant to Chapter 42 of the Texas Local Government Code, as amended (the “ Act“), respectfully petitions the City of Denton, Texas (“City”) to release certain property located within the City’s extratenitodal jurisdiction, as more particularly described in the attached Exhibit “ N’ (the “Property”). In support of same, Petitioner would respectfully show the following: 1, The Property is located within the extraterdtorial jurisdiction of the City of Denton, Texas in Denton County, Texas, and is not within the corporate limits or extraterdtorial jurisdicdon of any other municipality. Petitioner requests release from the extraterdtorial jurisdiction of the City of Denton, Texas. H. The Property does not lie in an area: (i) within five (5) miles of the boundary of a military base, at which an active training program is conducted, as defined by Section 43.0117 of the Texas Local Government Code, as amended; (ii) that was voluntarily annexed into the extratenitorial jurisdiction that is located in a county in which the population grew by more than fifty percent (50%) from the previous fedual census in the federal census conducted in the year 2020 and has a population of greater than 240,000; (iii) within the portion of the extmterdtodal jurisdiction of a municipality with a population of more than 1.4 million and that is within fifteen (15) miles of the boundary of a military base, at which an active training program is conducted, and in a county with a population of more than two (2) million; (iv) designated as an industrial district under Section 42.OzU of the Texas LOCal Government Code, as amended; or (v) subject to a saategic partnership agreement entered into under Section 43.0751 of the Texas Local Government Code, as amended. 4868-1555-2668.vI m. The persons or entities (through authorized representatives) signing this Peti6on constitute a majority in value of the holders of title to the Property as shown by the tax rolls and conveyances of record since the date of preparation of said county tax rolls. IV. The Petitioner, having met the petition requirements in § 42. 104 of the Act, and Chapter 277 of the Election Code, as applicable, requests the City immediately release the Property from the City’s extraterritodal jurisdiction pursuant to § 42.105(c) of the Act. Otherwise, the Property shall be released by operation of law pursuant to § 42.105(d) of the Act. V. This Petition will be filed with the City Secretary, City of Denton, Texas. VI- WHEREFORE, the Petitioner respectfully prays that this petition be filed with the City Secretary of the City of Denton, granted in all respects, and that the City Council of the City of Denton, Texas adopts an ordinance or resolution releasing the Property from the City’s extraterdtorial jurisdiction. [SIGNATURE PAGE TO FOLLOW] 4868-1555-2668.vl RESPECTFULLY SUBMFFFED, on this the a day of J 2024. PETITIONER: DONALD Name:Donald J .Steinberg Date of Signing:4/. /J ' aaa '{ Date of Birth: J@ ' P& Mt/ + R„id,.t Addr„„ a/\\-7 F/k#@q /a'// ?I\ V/Z£ /P 7(79r IC WE STATE OF TEXAS COUNTY OF aM-_§ § This insUument was acknowledged before me on this J b& day of r:Hr]Tn{-atMHrHh£leeXrdTefl: the purposes and consideration therein r/l.In; Notary pmd for e State of Texas (NOTARY SEAL) GIOVANI DANIEL ALUANDRE Notary ID #133213324 My CommissIon ExpIres July 14, 2025 486&1555-2668.vl EXHIBIT 'W, Legal Description and Map of dIe PropertyTract 1 : TRACT I ALL THAT C£RTIIN TRACT OR PARCEL OF LAND SITUATED iN THE EDLEV PRICHETT SURVEY , ABSTRACT 1020 , DEMON COUNTY 1 TEXAS I BEiRa THE VEST 7 , 39 1 ACRES OF A CeRTAiN 60 ACRE TRACT PARTiTioNeD BY DisT?,in COURT , DENTON ! TEXAS + IN CAUSE NO a BS 63 # = 4 A + HAD£HELL VS , A CB HAt}£U£LL Oli NOVEHB£ R 18 g 192 + 1 SAID 60 ACRES BEING THE SAME TRACT DE: :DEC EY J q A B HAD£Y£l L 1: O W n D + FORTUNE ON eEeEH8 ER : 6 , 1924 , R£CORDEL IN VOLUH: 196 + PASt 6 :to DIED REa>PRES OF DeNTON CQUFnv , e:eYAS I TH: S TRACT bEiNG HeRE PAItTICULARIRY DESCRIBED AS FOLLOWS : BEGINN IN; AT A F£Ncb CORNeR OF THe S='JTHb'£ ST CORNER OF TH: TRACT PART IT IOtif De SAgE BEING THE SOUTH REST =3FJJER OF SAID F3RTUNt CQ ACR£S CN THE SCCTH LINE OT SAID PRICH£ TT SURVEY ; THEHC£ NORTH Do CS ' wesT ALONG AND NEAR A FeNce ON THE WEST LINE OF SAID 60 ACRE TRACT : 334 . 5 FEET AT A F£HC£ CORNER AT ITS NORTHh'£ST CORNER; TK£NC£ SOUTH 83- 33’ EAST RLON6 MD NEXR A r£sc£ ON THI b:cR:H :1:NE GF SAID 6l: ACRE TRACt 1 24 loSt FEET TO A STEEL PIN FOR CORN£R; THENCe SOUTH aD 03' EAST 1331.83 FEET TO A StEEL PiN FOR CORNER CN THE SOUTH LINE Of SAID 60 ACRE TPJkCT NEAR FENCE aN THE NORTH t :NE Of A PUBLIC ROAD ; ]HENCE sae IN PgD IP ' VEST WITH :/,ID Li::: : 4 : , = f= =T == TiIE F bAch OF BEGINNiNG, CONTAiNING IN A=L 7 , 3 S 1 ACRES OF LAND , 4868-155$2668. vl Tract 2: TRACT ; bEiNG all that g•rtBin lot , tract or p•rC©l Ot 18nd sItuated inth• FOLEY PRITCtl£TT SURVEY , ABSTRACt NO, 102 C , D•aLan County,TeX&8, and beIng the 7 . see •cr• r•cord ren&ind•r of • 14.7737acEe tr•ct 488 cled to DOnald J. St•lnb•rg fran Edu in g+ Sehrrv•r bY deed d&t•d August 1, ISIS and r•carded in VolUn• 1688 •& Pag8996 of the Deed jqcord8 ot D•nOn COunty, T8xa8, sad a 2.391+gr• r•cord traet do•d•d to Donald J, Ste InD•rg from Jane8 H. II•re•ford d•ted HarM IS, 1941 •rta r8corde4 Irl-Volun© aJ 4: +e Page 112 of the D+•d Raeord8 ot D•nton County , Texas, •nd beIng sore partleul8rly described by &8t88 -and 'bOUhdB ia follows: BEGINNiNG at a :1/4 inCh iron rod ylth e y•IIeu eap 8tarbp©d RPSlego get for oornar at a fenc• post in th• Horth iln• of HickoryHIll Road , an unaedlcated v&rA8ble-uldth rIght-al-yay , •eldpoint b•ing th• Swthve8t earner of saId 7.391 eere tr6et , andbeing the Southv•st corner of • 4D 4er• tr•ct d••erlb8d in •deed from J. A. Had8vell to V, D. Forl;ghB dat•d D©cerqber a6 , 1924 grId recorded in VOlume 196 •t Paq• 6a oC the D••d Raeord•at Denton County, T8x•8; THENCE North 01 d•gr••s iS atnut;a• aa 6•eond• Ea•t •long a f•ne•line, pegs Ing •n Iron rod found at IOJOB94 fa•t for th•North888t earner of a 16. aB 89re ad joiner Cnet, •nd contInuIngin all 8 dl8eane8 af 1)44 . 5 feet to an Iron rod found for tlr8Hortlru•se corn qf of 4fore8•id Fortune 60-8cr• traat, end th•HOrtltv••t earn•r at th• 1. 391 aar• St•inb•rg tr•et; THENCE; South 68 de9r••• 56 Tlnute• D4 ••€ond8 eASt along •n oldlane• itn• tev th• North tIn• oe 8614 St•inb•rg treet6 •na • gjaFortun© BO-acre tr6et, passIng an Ir$n rod Cound •t 236 + 86 t+8t,and continulnq in all a-d£8t8na• og 480.54 feet to •n iron rodfound for the North••se corn•r of tIn 7 .see aer• St8lhbarqethel, •nd b•lng the Horthv••t earn•r of a : . DO •ere tractdescribed in a d••d from Darth Id J , SteInberg to J•n•s H .8er68fora dated Hbrah IS, 1988 as r•carded in Vol bIn• 2341 at Page 112 of tha D•80 R&cord• of Denton County, T•x&• J THENCE South 01 d•qr••• as 8lnuteg OD seconds u••t: along a n•vHood raII fence line tor the Heat Irn© ot said i . DO &cr• tract,& di8tanee o1 1338.31 f•ee to a round iron rod in th• North IIne of a£er••aia Hlekory Hill Road; THENCE South 89 d•qrees 3g nlnute6 31 seconds East 8191\q &r•ncelin• and a•ld Part;h rIght-o:-uny line a distance at 484.63f••t to the PLACe OF BEGINNiNG •nd atintelnln; 14 , 8598 acr•B ofiand . n9ra or less a 4868-155 S2668.vI Tract 3 : E\HIBfl' U \n BciR£ aII tt141 carIna lot. tna, or paNel of land sit++ted in thc E. PlilcthU S,n'cJ Abstract Nunbel !02Q irl Dc.IIar. t lulnt}, Ttr,is, being a ptrl ot thaI raIn in naa of lan! clrnvtTcd try and flora George J. Mann, iR. I + JIn in W. Rt itsfoltl Jr. realrdcd in V,rILhk I.isa, Pd£e 785, Real Ptolvrly kc,'ukis, brIttOn CItunIv. 'l'c\.b lou I+crag all .brI cd Iain naa CIf IInd alnvlwl' tt} Jud hun DoBld J, Steal IInK to J4nr6 W. Hcrtskrr,3 and wltl: Ma!'tu Bac$11wd la-udcd in V,lluntc =1+ : ' Pap II?, Rca llmpcny Rcclxd\ IJcnt ita (:aunty. Texas ard ac ing ma'e parScuhrly rL5chtxd bq foIIo\\b D€Binnrit& bt an Iron rod tt]und for tin icI iII the south Iix of that U:'I,lin !!, ICI of land eimve led bY drcd friirn (lan rvc hunter, Jr. and wife, Mary I ranch Painter to Rubtrt Ante:IIla rail wIfe, Eddie B. Andi-13.,1 r€crrnl,d in \nlumc 5l>S, Page ri)2. llc,',! RcturJr,. DenIal! County, Trxa$, said point bring lhc nrrttw.ru ,,tuner III lhdl ttriitill Incl at Ir,ad aIntT)cd by a:cd from Ckrnald i. Seint*III& to I>null I SlbrrtllurE Inl_\ tItanIc Trust r&uvdtJ in Clerk's File Nulla'ur q4 Rf HI\37lb, RmI Pmlnrry X \ , IIds, lknh'n C'lrnnly lex JS' Ttur£c N HIsD SI ' lq- E. Iihf;1 feet nq th said south title of aid Arxltrhrr ll .tcl III an ijl Ill Ind fourKl f,17 upiI.fr. u tIll tub:I bring IItt w,Hhwe\{ turner of thai tnuln !nttl rtl land cnrtt}cJ IIV deed front Rklurd l:. So IF AIIII and ('3hrlyn P, XorRaznJ lu Rirh4r,J P. l\,nB4rrd, Tru btec rrcurd,d iiI DehHmc gl NunJxr =11 tH.lib TH, Red Pr, Irc::\ Roo.rds. neIll,in C',)unIV Tc\.IS, TIKmc N 89' 3q' VI” lb ?rr3.IH tea with lbc q'u'b llrx of SIId h'orBAard tna in an iron It\d hrt frI cutrNt Ih nrr S \>1- 40' SIr !1,312 Slt IIII 1.1 an itrttl rcd HI for rulrnr; ilxr'cc h' BP &!' 21" Ii. 75_\3 feel so an IIga aId sci luI CL,trial: TIKlwc S 1):' 3tJ' 33" Fs 138.07 feel Ill an iron r£ld sct lot cartier; Thcrecu X 85= :S' S?" F. IV,7.1 te€1 11i un lion rod nt IIV ctvncc rbcrxc S tR/' llP 03" E, 875.36 fret in an nXH iR contIrh Int attort in ltx ndrth lirr nf l{ichl'rt- lliil REal, a Inl Ilk roadway i TIwIly ft X J& 5.t' +$" W, SHI,7IJ ft:rl uith hIIO with line of said llickntt llill Rllr J tIt all ilun rrld laud fur cc'I wr: TIEwe S 8?’ 52' JI- W. 7tH 83 feet Mlb &aid north liru Irl laId HIckory tInt Road to III iron rriJ Irlurxl fur ci IInen Tlxncc S HI- 3 ?' II’ W. 33 57 lea with aid noah luo !!! llKkor} HIll Rtnd ttl an inn IIla itlund IIII alina, utd paint bcin8 llc bluthc4\t corner of mId Slciabur& IIII \oultHc l•lbnt bat:: Itv:ncc N tli' f15' {D" W, 1337.vs fLU with lhc c&si line ut nia SkIn\lrg Incroc3bl€ bust tract (a the Place Iii lk£4'Inine r+1 contunln£ la 3++ brayjland 6 4868-15552668. vl Steinberg Legend aren Denton Ceair31 AppraIsal Dlsurct 4868-155$2668.vl 7 Doc-146840 ++++Electronically Filed Document ++++ Denton County Cynthia Mitchell County Clerk Document Number: 2012-146840 Recorded As : ERX-DEED Recorded On: Recorded At: Number of Pages: December 28, 2012 02:53:59 pm 5 Recording Fee:$32.00 Parties: Direct- BERESFORD JAMES W Indirect- Receipt Number: Processed By: 985928 Dwayne Kitzmiller ""-’Hn" THIS PAGE IS PART OF THE INSTRUMENT -U"*H'H‘ Any proybkin h©etn whIch restricts the Sale, Rental or woof tIn deseabed REAL PROPERTY because of my or race is invalid and un8nftn>e8bb under federal law. THE rrATB OF TEXAS) couxrY OF D£NTONI I bulIY entitY thea& beIIIneM vw FiLeD b &8 FIle Nenber gnU UdUnen'- ' d b-,a, md nn day RECORDED hb Ollidd nBeHHIeel D-ue8a Cot=v, Tun CKaduLLa ds Clark Da•Bdn CeaaV, Tung Doc-146840 GF#164120028 T mFD HIXWIF A HOo '_TF INmITLN S muE QR NmE Ewm. MmA ED THE STATE OF TEXAS COUNIY OF DENTON KNOW ALL MEN BY THESE PRESENTS THAT, Martha Beresford and James W. Beresford (benin collectively referred to as “GRANTOR”), for and in consideration of the sum of Ten Dollus ($10.(X)) in hand paid by Donald J. Steinberg, DDS (hereinafter referred to as “GRAFFFEE”), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby have GRAbFFED, SOLD and CONVEYED unto Grantee, all their right, title and interest in that oertain lot, tract, or parul of real property consisting of 16.3zkl ames of land located in Denton County, Texas, more partiadarly described in Exhibit “A”, attached hereto and incorporated herein by reference for all purposes; together with (a) all buildings and other improvements attached thereto, (b) all and singular any rights and appunenances ofGrantor pertaining thereto, including any right, title and interest ofGrantor in and to adjacent streets, alleys or rights of way, © any and all rights of Grantor in and to any strips and gons lomted adjacent to the Property, (d) all ofGrantor’s right title and interest in and to all ea$ements, beredhnents and privileges affecting such property, including any agreements regarding access, and (e) any and all rights of Grant01 in and to any development, water and sewer rights appurtenant to the Property; any and all of such related improvements, rights and appunenan ws (herein collectively referred to as the “Property’). Grantor reserves all of the oil, gas, and other minerals in or under the PropeIty owned by the Grantor, including any royalty under any existing or future lease covering any part of the Property, production and drilling rights, lease payments, and all related benefits. Grantor waives Grantor’s surface rights (inaluding rights of inBess and egress). TO HAVE AND TO HOID the above described Property, together with all the rights, privileges and apprutenanas thereto in anyway belonging unto the said Grantee and the Grantee’s heirs, successors, adminisUaton, legal representatives, executors and assigns, forever, and Grantor does hereby bind himself and his boils, administrators, executors and auigns, to warrant and forever defend, all and singular the said property unto said Grantee and the Grantee’s heirs, administrators, exewtors and assigns forever, agrtnst every person whomsoever lawfully claiming or to claim the same or any part thereof, by through or under Grantor. Spam WanRBty D+edlWFm’S pEED - Page 1 CAU=TSWtbW;unHnt5\GcwralWrmntyDwd.wpd Doc-146840 EXECUrED lob, ,ffecti„, the II " day of D„„„tHr, 2012. \=aIHH•PG©vMha,trInA Martha Beresford STATE OF TEXAS COUbWYOF pqrav Before me, the undersigned authority on this all day of Deoember, 2012, personally appeared Martha Beresford and James Beresford known to me to be the persons whose names are subscdtnd to the foregoing instrument, and acknowledged to me that she and he executed the same for the purposes and consideration“"t"T'm and in the capacity therein stated HbIWHBIUHl F##EBwauDP IWW mR-©mTrmmmifA3 $pea+1 Wurp#1 DWdRU$TXb’$ DEEP - he, 2 C\UwrsVHth\IXnumartsKMalWarranty[hod,wpd Doc-I EXHIBrr 'W’ Being aU that certain bt, &ad, or parcel of land situated in the E. Pritchett Survey Abstract Number la20 in Denton C)Junty, Tna$ being a part of Oral certain tract of land conveyed by deed born George J. Mason, JR to James W. Bensford, Jr. recorded in Voharn 1450, Page 785, Real Property Remrds, Denton CIJunly, Texts and boing all that certain tract of land conveyed by deed from Donald J. Steinburg to James W. Beresford and wife, Mmtha Beresford recorded in Volume 2341, Page 117, Real Property Rbxords, Denton County, Texas, and being more particularly dcscrRled as follaws: Beginning at an iron rod found for corner in the south lino of that ceTtain tract of land conveyed by deed from (:larcnm Painter, Jr. and wife, Mary Francis Painter to Robert Anderton and wife, Eddie B. Anderton recorded in Volunn 595, Page K)& Deed Records, Denton Cbunty, Texas, said point being the rnrUwast corner of that cwUin tract of land conveyed by dccd from Donald J. Steinburg to Ih>nald J. Stcinburg Inwourble Trust rcuxded in Clerk’s File Number 9+R(XB3778, Real Property Ruords, Denton CkJunLy, Texas; Thence N 88' Sl’ 3P E, 186.81 feet with said south line of said Anderton uact to an iron ral found for corner, said point bang the southwest comer of that certain tracl of land conveyed by deed from Richard P. Norgaard and Carolyn P. Nor8wd to Richard P. Norgaard, Trustee recorded in Document Number 2W-10678, Rual Property Records, Denton County, Texas; Thence N 89' 39’ 59” E, 263.04 bet with the south line of mid Norgaard tract to an iron rod SEt for corner; Tbcnce S. O1' 40’ 54” E, 31Z50 feet to an iron rod set for corner; Thence N. 89- 44’ 21“ E, 7553 feet to an iron rod set for conreG Thence S 02' 39’ 58” E, 138.(D feet to an iron TOd set for oom% Thence N85' 25’ 52” E 39.74 feet to an iron rod sct for corneR Thence S CII' IQ’ 03” E, g7536 feet to an “X:’ in concrete for mrna in the north line of Hickory Hill Road, a public roadway; Thence S 87' 53’ 49” W, 320.79 feet wiLL said north line of said Hickory Hill Road to an iron rod found for corner; Thence S 87' 52’ 23” W, 21P+.83 feet with said noah line of said Hickory Hill Road to an iron rod found for corner; Thence S g7' 27’ IS” W. 3257 feet with said north line of Hickory Hill Road to an iron md found for miner, said point being the southeast mIner of Mid Steinburg Irrevocable Trust tract; Thence N OI' Q5’ (XP W, 1337.95 feet with the east line of said Stcinburg Irrwocable Trust tract to the Place of Bcginning and containing 16.344 acres of land. Doc.146810 11111111111111111 Denton County Jun Luke County Clerk Instrument Number: 25755 Real Property Recordings DEED Recorded On: March 07, 2018 11:56 AM Number of Pages: 8 - ExamIned and Charged as Follows: " Total Recording: $$4.00 ""nn"' THIS PAGE IS PART OF THE INSTRUMENT "-""'-" Any provision herein which nstdcts the Sale, Rental or use of the described REAL PROPERTY because of aolor or r80e is Invalid and unonfor08abl8 under federal law. FIle InformatIon: Document Number: Record and Return To: 25755 THE BLUM FIRM PC Receipt Number:20180307000249 300 CRESCEvr CT STE 1350 Recorded DatefTime:March 07. 2018 11 :56 AM User Station: Jane K DALLAS TX 75201 Station 9 STATE OF TD(AS couvrY OF DENrON I hereby aontQ that thIs Instnxnent was FILED in the File NumIm soqwna ai the dabRlme prInted hewn, and wes duly RECORDED in the omdal Rwxtts of Dentr)n County, Texas. Juli Luke County Clerk Denton County, TX Notice of Conndentialky Rights: if You Are a Natural Persoa, You May Remove or Strike Any of the Following Information from this Instrument Before it is Filed for Record in the Public Records: Your Social Security Number or Your Driver’s License Number. LIMrrED SPE(,'IAL WARRANTY DEED TIm STATE OF TEXAS 6 § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT DONALD J. STEINBERG, of the County of Denton, State of Texas, and TEDDY CARL STEINBERG, of the County of Kauai, State of Hawaii, as CoTrustees of the DONALD J. STEINBERG IRREVOCABLE TRUST, executed to be efFective the 25" of October, 1994, by and betwwr DONALD J. STEINBERG. as Grantor, and DONALD J. STEINBERG and IRA E. TOBOLOWSKY, as CaTnrstees (herein referred to as the “Grantors”), for and in consideration of the sum of TEN DOLLARS ($10.00) cash and other goal and valuable consideration paid by the Grantee named below, the receipt and sufficiency of which is hereby acknowledged by the Grantors, by these pnsarts does hereby Grant, Sell, Convey, Assign, and Deliver unto DONALD J. STEINBERG, Individually, (“Grantee“) all of the real pnpeny as described on Exhibit A (the “Propeny”), This conveyance is expressly made subject to any and all restrictions, covenants, conditions and easements of record, if any, affecting or relating to the Property described below, and to all zoning laws, regulations, and ordinances of municipal and other governmental authorities, if any, affecting or relating to the property described above. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee and Grantee’s heirs, executors, administrators, successors and assigns forever, and Grantors do hereby bind Grantors and Grantors’ successors, and assigns, to Warrant and Forever Defend, all and singular the said premises unto the said Grantee, Gtantee’s hdrs, exocutors, administrators, successors and assigns, against every puson whomsoever lawfully claiming, or to claim the same, or any part thereof, except as to the reservations from and exceptions set forth above; provided, however, that Grantee’s remedies for br%ch of any warranty herein, othu than when the claim is by, thrargh or under Gmntors, shall be limited to remedies or amounts recoverable against any policy of title insurance issued to or benefitting Grantors, and any remedies or amounts recoverable against any predecessor in interest to Grantors with respect to such title. The Grantee hereby assumes the payment of all ad valorem taxes (including any roll-back taxes) assessed with respect to the Property as of the date hereof. This Limited Special Warranty Deed may be executed in multiple counterparts. LIMrrED SPECIAL WARRANTY DEED Page 1 DATED t, b, ea„d„e the ad,y ,f F£B WHy J 2018. ,r'l DONAtb J bERG, m DONALD J. STEINBERG IRREVOCABLE TRUST TEDDY CARL STEINBERG, as Co-Trustee of the DONALD J. STEnqBERG IRREVOCABLE TRUST THE STATE OF TEXAS 6 § §COUNTY OF DALLAS BEFORE ME, the undersigned notary public, on this day persarally appeared DONALD I. STEINBERG, known to me, or proved to me through a valid form of identification, to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this a-L day of Feb qRdq'2b Notary Public in and for The State of Texas J 2018. THE STATE OF Iex CLA § g § TARU PAREKH MaUry IO +125476199 Expires November 5. 2021 COUNTY OF BEFORE ME, the undersigned notary public, on this day personally appeared TEDDY CARL STEINBERG, known to me, or proved to me through a valid form ofidenti6cation, to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this day of 2018 {SEAL} Notary Public in and for The State of LIMrrED SPECIAL WARRANTY DEED Page 2 DATED to tn eawdve thc a day 2018of GRANTORS: DONALD J. STEINBERG, as Co.Tmstn of the DONALD J. STEINBERG IRREVOCABLE TRUST)ali ruWeaT theTEDDY DONALD J. STEaiBERG IRREVOCABLE TRUST THE STATE OF TEXAS ! g §COUVIY OF DALLAS BEFORE ME, the undersigned notary public, on this day perwn8lly appealed DONALD J. STEINBERG, known to are, or proved to me through a valid form ofidenti6wdon, to be the person whose name is subwitnd to the foregoing instrument, aId a£kmwledged to me that he executed the same for the purposes and congderadon therein expressed and in the capacity thaein stated. Given under my hard and waI of office this day of J 2018. (SEAL) Notary Public in and for The State of Texas THE STATE OF nAVAir § 9 §COUVIY OF KAUAI BEFORE ME, the undersigned notary public, on this day personally appeared TEDDY CARL STEINBERG, known to me, or proved to me through a valid form ofidurtification, to tn the person whose naaw is subscdtnd to the foregoing insaument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this 26TB day of FEBRUARY J 2018. /;$gN-3l;Z’'b Notary Public in and for nIe State of nAVAIr MY COMMISSION WPIRES NOV 20 2020 SEE ATTACRHD FOR NOTARY CERTIFICATION (SEAL) NOTARY PUBLtC: + ; i i+ No. 16-385 “-?iiFbi$$§' LIMrrED SPECIAL WARRANTY DEED PUe 2 NOTARY CERTIFICATION STATEMEVr Document Identific8ion or Dacription: UnIt•d Spe<,laI Wanany Deed tt ' ' IIlIIe /;89'--lj+Z%, j /' NOTARYitf PUBLIC Doc. Date: 2/26/20q 8 No. of Pages: !5th ChcuitJurisliction: which notaHal ax is performed) &2126/2018 a Certification Statement iI mi;I ’, No. 1&385 ; !!!!iibF++$ Aau#1 Abu Printed Name of Notary (Official Stamp or Seal) After Recording Return To:Prepared in the Law Offices of: The Blum Firm, P. C. 300 Crescent Court, Suite 1350 Dallas, Texas 75201 The Blum Firm, P. C. 300 Crescent Court, Suite 1350 Dallas, Texas 75201 PREPARATION OF THS DEED HAS BEEN BASED UPON UVFORMATION PROVnDED BY THE GRANTORS HEREIN. NO TrrLE SEARCH HAS BEEN PERFORMED. THE BLUM FIRM. P.C. DOES NOT MAKE ANY REPRESENTATIONS AS TO THE VALiDrFY OF THE OWNERSHIP OF THE PROPERTY HEREIN DESCRIBED LIMrrED SPECIAL WARRANTY DEED Page 3 E)alIBIT A TRACT 1 ALL THAT CERTAIN TRACT OR PARCEL OF LAND SiTUATED IN THE EDLEY PRICHEIT SURVEY I ABSTRACT 10201 DENTON COUNTY 1 TEXAS 1 BEING THE WEST 7.391 ACRES OF A CERTAIN 60 ACRE TRACT PARTITIONED BY DISTRICT COURT, DENTON, TEXAS, IN CAUSE NO. 8563, J. A. HAD£WELL VS. A.E. HAD£WELL ON NOVEHBER 18, 1924 , SAID 60 ACRES BEING THE SAME TRACT DEEDED BY J. A. HADEHELL TO W.D. FORTUNE ON DECEMBER 26, 1924 . RECORDED IN VOLUHE 196. PAGE 60. DEED RECORDS OF DENTON COUNTY, TEXAS. THIS TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNiNG AT A FENCE CORNER OF THE SOUTHWEST CORNER OF THE TRACT PARTITIONED, SAME BEING THE SOUTHWEST CORNER OF SAID FORTUNE 60 ACRES ON THE SOUTH LINE OF SAID PRICH£TT SURVEY; THENCE NORTH 00 OS' WEST ALONG AND NEAR A FENCE ON THE WEST LINE OF SAID 60 ACRE TRACT 1334.5 FEET AT A FENCE CORNER AT ITS NORTHWEST CORNER; THENCE SOUTH 890 33r EAST ALONG AND NEAR A FENCE ON THE NORTH LINE OF SAID 60 ACRE TRACT, 241.51 FEET TO A STEEL PIN FOR CORNER ; THENCE SOUTH OO 031 EAST 1331.83 FEET TO A STEEL PIN FOR CORNER ON THE SOUTH LINE OF SAiD 60 ACRE TRACT NEAR FENCE ON THE NORTH LINE OF A PUBLIC ROAD; THENCE SOTTTt{ 8 ga 491 WEST WITH SAID LINE : + 1 , 3 F= aT T3 THE FLACb OF BEGINNING, CONTAINING IN ALL 7.391 ACRES OF LAND. LIMITED SPECIAL WARRANTY DEED Page 4 + EX}HBIT A TRACT 2 BEING all that cert8in lot, tract or parc81 ot land sItuated inthe EDLEY PRITCll£TT SURVEY, ABSTRACT NO. 10aD , D•nton County, Texa•, and beIng th• 7.308 acre r•cord r•nainder o( a 14.7737acrB tract d•ed8d to Don8ld Jo St•inberg tron EdwIn 6, Schriv8r !!_deed dat•d August 1, ISIS and r•cordid in Volun8 1688 at Page906 of th© Deed iecord8 ot Denton county, Texas, and a 7 , 391 -ac£8 record tract deeded to Donald J. St•lnb•rg fran Jane9 H.II•r•8Cord dat•d March 15, 1988 and =•cord8d In-VOltIIla 2341 ae Page 112 of the De•d Records of Denton County, Texas, and beIng ac>re partIcularly descrIbed by net©8 - and -bounds jg follows; BEGINNING at a 3/4 inch iron rod with a yellow cap 8tamp•d RPSlego set tor corner at a fence post in the North IIne of HIckoryHIll Road, an undedlcat•d varlebl8-width rIght-at-way, saIdpoInt being th© Southve8t corner of 8ald 7.591 acre tr bet , andbeing the Southv•gt corn•r of a 60 acre tr8et da8€rlb8d in a deed f com J. A. Hadevell to H. D. Fort tin• dat•d D•c8rnb©r a6, 1924 and recorded in Val triBe 196 at Page SO at the Deed Recordsof Denton County, Texas; THENCE North Ol degrees 15 nlnuta8 aa 68condB E+•t along a fen68line, pas•lng an lion rod found at 1030.94 feet for theNorthea•t coiner of a 16.28 acr© ad]oin8r tract, and contInuIngIn all a dIstance of 1344.5 feet to-an Iron rod found for theHePaIwest corner of aforesaid Fortun• 60-acre tract, and th•Northwest eorn8r of the 7.391 aar• Steinb•rg tr•cti THENCE South Be de9re88 56 mlnut©8 O 4 seconds East along an oldfence lin• for the North IIne of said Steinberg tracts and •aldFortune 60-acre tract, pa8slng an Iron rod found at 236.86 £•ee,and continuIng in all a-distaice of 480.54 feet to an lron rodfound for the North©•8t corner of th8 7 . SOB acre SteInberg tract, and beIng the Northu86t corn•r of a 1. DO acre tractdescribed in a dead from Donald J, SteInberg to Jana H.Ber08ford dated March 15, 1988 as record•d in VaIIIn• 2341 at Page 112 of the D•ed Record• of Denton County, TeR&s; THENce South 0} deqr•e• OS aintIt•s OO seconds West along a newwood raII tenc© IIne tor the West IIne of said I. DO aar• tract,a di•tance of 1338.31 feet to a found iron rod in the North IIne of afore•BId HIckory HIll Road; THENCE South 89 degrees 39 mInutes Il $econd8 East along afenceline and •ald North rIght-of-way line a distance of 484.63feet to the PLACE OF 8£CINNING and contalnlng 14,8S98 acres ofland . more or legs, LIMITED SPECIAL WARRANTY DEED Page 5 iiiiii dj == n:= ,a CnJsO I R •F––TJ ruFF JD JEA JE .\IFUFr ;afIT MIC;aZ anJaJE ruAFIn +==== a l g gfU It:3:ltrIin E; s = JB UlrP J=ru FIRST. CLASS