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HomeMy WebLinkAbout2005-297S:\Our Documents\Ordinances\05\noligan-Electric Easement Abandonment.DOC *RDINANCE NO. — AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ABANDONMENT AND RELEASE OF CERTAIN BLANKET ELECTRIC UTILITY EASEMENTS OWNED BY THE CITY THAT WERE PREVIOUSLY ASSIGNED TO THE CITY FROM BRAZOS ELECTRIC POWER COOPERATIVE, TO THE EXTENT THEY ENCUMBER CERTAIN REAL PROPERTY OWNED BY HOLIGAN LAND DEVELOPMENT, LTD. CONTAINING APPROXIMATELY 160.023 ACRES AND BEING LOCATED IN THE GIDEON WALKER SURVEY ABSTRACT NO. 1330, DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE THEREOF. WHEREAS, Holigan Land Development, Ltd. (the "Owner") is the owner of certain real property located in the City of Denton, Denton County, Texas and containing approximately 160.023 acres of land, as more particularly described in Exhibit "A" attached hereto by reference (the "Property"); and WHEREAS, the Property is encumbered by certain electric easements that are owned by the City through Denton Municipal Electric ("DME") which easements are more particularly described as follows: That certain easement from Roland Hill and wife, Liffie Ilah Hill to Brazos River Transmission Electric Cooperative, Inc. dated June 3, 1947, recorded in volume 357, page 56 of the Deed Records of Denton County, Texas and that certain easement from J.B. Schmitz to Brazos River Transmission Electric Cooperative, Inc., dated June 4, 1947, recorded in Volume 354, page 394 of the Deed Records of Denton County, Texas, both of which were assigned to the City of Denton, Texas pursuant to that certain Assignment dated October 23, 1987, recorded in Volume 2736, page 825 of the Real Property Records of the Denton County, Texas (the "Existing Easements"); and WHEREAS, the Owner has petitioned the City to abandon the Existing Easement to the extent they encumber the Property in exchange for the granting of a new easement in substantially the same form as the easement entitled Electric Utility and Bike Trail Easement attached hereto and made a part hereof by reference as Exhibit `B" (the "New Easement"); WHEREAS, the City Council finds that: (1) the value of the New Easement exceeds the value of the Existing Easements as they affect the Property; (2) the property interests being exchanged meet the requirements of Section 272.001(k) of the Texas Local Government Code and this ordinance shall also constitute a resolution; (3) and this exchange and abandonment is in the public interest and serves an important public purpose by allowing DME to provide for future routing of electric transmission lines that will better serve the City and its citizens; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: Page 1 SAOur Documents\Ordinances\05\Holigan-Electric Easement Abandonment.DOC SECTION 1. The recitations and findings contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Council hereby authorizes the abandonment and release of the Existing Easements to the extent they encumber the Property (the "Abandoment Area"), subject to the following conditions: a. The City receives the fully executed and acknowledged New Easement free and clear of all liens and encumbrances, except for any encumbrance that may be deemed by the City Manager, or his designee, to not adversely affect the City's use and enjoyment of the New Easement. b. The City, at its own expense, removes the existing utility facilities from the Abandonment Area. Upon the completion of the above conditions the City Manager, or his designee is authorized to execute a document in recordable form and deliver same to the Owner, that evidences the abandonment and release of the Existing Easements from the Abandonment Area. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the. day o 2005. /� EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. S DER, CITY ATTORNEY BY: I Page 2 Exhibit A ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G. WALKER SURVEY ABSTRACT NUMBER 1330, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 91.921 ACRE TRACT DESCRIBED IN A DEED TO FLOWERS BAKING CO. OF DENTON, LLC, RECORDED IN COUNTY CLERK'S FILE NUMBER 03-ROI 59272, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND ALSO BEING DESCRIBED AS ALL OF LOT 2, BLOCK A, FLOWERS FOOD ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET IN, PAGES 333 AND 334, PLAT RECORDS, DENTON COUNTY, TEXAS, AND ALL OF LOT 3, BLOCK A, FLOWERS FOOD ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET W, PAGES 335 AND 336, PLAT RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND RAILROAD SPIKE AT A NORTHEAST CORNER OF THE FLOWERS BAKING CO TRACT IN EDWARDS ROAD; THENCE SOUTH 02 DEGREES 40 MINUTES 55 SECONDS WEST WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF A CALLED 16.0 ACRE TRACT DESCRIBED IN A DEED TO RICHARD BARIA, RECORDED IN VOLUME 1329, PAGE 202, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 698.28 FEET TO A FOUND IRON PIN AT AN ANGLE POINT IN THE EAST LINE OF THE FLOWERS BAKING CO. TRACT AT THE NORTHWEST CORNER OF A CALLED 6.968 ACRE TRACT DESCRIBED IN A DEED TO HOLIGAN LAND DEVELOPMENT, LTD., RECORDED IN DOCUMENT NUMBER 2004.50040, OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 02 DEGREES 43 MINUTES 42 SECONDS WEST CONTINUING WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF SAID 6.968 ACRE TRACT, A DISTANCE OF 1249.03 FEET TO A FOUND IRON PIN AT A SOUTHEAST CORNER OF THE FLOWERS BAKING CO TRACT ON THE NORTH LINE OF THE 20.057 ACRE TRACT TO HOLIGAN LAND DEVELOPMENT, LTD. RECORDED IN COUNTY CLERK'S FILE NUMBER 03-RO135346, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST WITH A SOUTH LINE OF -THE FLOWERS BAKING CO. TRACT AND A NORTH LINE OF SAID 20.057 ACRE TRACT, A DISTANCE OF 622.20 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF THE FLOWERS BAKING CO. TRACT, AND THE NORTHWEST CORNER A CALLED 2.846 ACRE TRACT DESCRIBED IN A DEED TO HOLIGAN LAND DEVELOPMENT, LTD. RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 2004-0230, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 03 DEGREES 19 MINUTES 02 SECONDS WEST WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND A WEST LINE OF THE 2.846 ACRE TRACT A DISTANCE �. OF 472.97 FEET TO A FOUND FENCE CORNER POST AT AN ANGLE POINT IN A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE NORTHWEST CORNER OF THE CALLED j 0.942 ACRE TRACT DESCRIBED IN THE DEED TO HOLIGAN LAND DEVELOPMENT, LTD. RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 2004-0230, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 03 DEGREES 01 MINUTES 21 SECONDS WEST CONTINUING WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF THE 0.942 ACRE TRACT A DISTANCE OF 224.75 FEET TO A FOUND STEEL PIPE AT A SOUTHEAST CORNER OF THE FLOWERS BAKING CO. TRACT ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD; THENCE NORTH 87 DEGREES 56 MINUTES 40 SECONDS WEST WITH A SOUTH LINE OF THE FLOWERS BAKING CO. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS j PAGE ROAD, A DISTANCE OF 218.61 FEET TO A FOUND STEEL PIPE AT A SOUTHWEST i CORNER OF THE FLOWERS BAKING CO. TRACT AND THE SOUTHEAST CORNER OF THE TRACT OF LAND DESCRIBED IN THE DEED TO BETTY JOHN ROBERTSON 4EC4RDED IN VOLUME 2423, PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 01 DEGREES 47 MINUTES 13 SECONDS EAST WITH A WEST LINE OF THE FLOWERS BAKING CO. TRACT AND THE EAST LINE OF THE ROBERTSON TRACT A DISTANCE OF 683.38 FEET TO A FOUND IRON PIPE AT AN INNER ELL CORNER OF THE FLOWERS BAKING CO. TRACT AND A NORTHEAST CORNER OF THE CALLED 3.980 ACRE TRACT TO KENNETH D. OWEN RECORDED IN VOLUME 763, PAGE 137 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 87 DEGREES 39 MINUTES 54 SECONDS WEST WITH A SOUTH LINE OF THE FLOWERS BAKING CO. TRACT AND THE NORTH LINE OF THE OWEN TRACT A DISTANCE OF 363.71 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF FLOWERS BAKING CO. TRACT; THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH AN EAST LINE OF FLOWERS BAKING CO. TRACT AND THE WEST LINE OF THE OWEN TRACT A DISTANCE OF 397.16 FEET TO A FOUND IRON PIN; THENCE SOUTH 39 DEGREES 11 MINUTES 49 SECONDS EAST WITH AN EAST LINE OF FLOWERS BAKING CO. TRACT AND THE SOUTH LINE OF THE OWEN TRACT A DISTANCE OF 362.08 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE SOUTHERN MOST SOUTHEAST CORNER OF SAID LOT 2, BLOCK A, ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD; THENCE NORTH 87 DEGREES 29 MINUTES 45 SECONDS WEST WITH A SOUTH LINE OF SAID LOT 2, BLOCK A, AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD A DISTANCE OF 26.69 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE SOUTHERN MOST SOUTHWEST CORNER OF SAID LOT 2, BLOCK A, ON THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD; THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH A WEST LINE OF FLOWERS BAKING CO. TRACT AND THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD, A DISTANCE OF 391.25 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD ALONG SAID CURVE HAVING A DELTA OF 13 DEGREES 29 MINUTES 38 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 662.92 FEET (CHORD OF NORTH 32 DEGREES 31 MINUTES 18 SECONDS WEST A DISTANCE OF 661.39 FEET) TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE SOUTH 87 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 1302.08 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 02 DEGREES 43 MINUTES 42 SECONDS EAST, A DISTANCE OF 1043.62 FEET TO A 1/2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 60 DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE OF 294.75 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 03 DEGREES OB MINUTES 54 SECONDS EAST, A DISTANCE OF 587.48 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1 R44 ON TIIF, $OIITH Rln"T-OP-WAV LIyF OF EDWARDS ROAD; THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD A DISTANCE OF 434.98 FEET TO A FOUND IRON PIN; THENCE NORTH 03 DEGREES 30 MINUTES 26 SECONDS EAST A DISTANCE OF 35.49 FEET TO A FOUND RAILROAD SPIKE IN EDWARDS ROAD ON THE NORTH LINE OF THE FLOWERS BAKING CO. TRACT; THENCE SOUTH 88 DEGREES 03 MINUTES 58 SECONDS EAST WITH THE NORTH LINE OF THE FLOWERS BAKING CO TRACT A DISTANCE OF 172.15 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 29.530 ACRES OF LAND. PROPERTY DESCRIPTION BEING a tract of land situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, and being all of those tracts conveyed to Holigan Land Development, Ltd. by deeds recorded in Instrument Numbers 03-135346, 04-9230, 03-207472, 03-166531, 03-207472 and 03-150512, and a portion of that tract conveyed to said Holigan Land Development in Instrument Number 03-194979. all in Denton County Land Records, Texas, and a portion of that tract conveyed to Richard A. Boric in Volume 1329, Page 202, Denton County Land Records, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod set for corner in Pockrus Page Road, said corner being southeast corner of said tract conveyed to Holigan in Instrument No. 04-9230; THENCE N 87'19'30" W, along the south line of said Holigan tract, a distance of 482.63 feet to a 5/8" iron rod set for corner in said Pockrus Page Road; THENCE N 8723"30" W, continuing along the south line of said Holigan tract, a distance of 1207.27 feet to a 1/2" iron rod found for corner in said Pockrus Page Road; THENCE N. 03'25'31" E, a distance of 21.29 feet to a 1/2" iron rod found for corner an the north right of way line of said Pockrus Page Road; THENCE N 87'24'50" W, along the south line of said Holigan tract, a distance of 50.17 feet to a fence corner post found for corner on the north right of way line of said Pockrus Page Road; THENCE N 8E'ST30" W, a distance of 187.67 feet to a fence corner post found for corner at the southeast carter of a tract conveyed to Flowers Baking Corporation by deed recorded in Instrument No. 03-15927.1, Denton County Land Records, Texas; THENCE N 03'13'37" E, along on east line of said Flowers tract, a distance of 225.57 feet to a fence corner post to for corner, THENCE N 02'J8'03" E, continuing along an east line of said Flowers tract, a distance of 472.47 feet to a corner a� an ell corner of said Flowers tract; THENCE S 87'17'02" E, along a south line of said Flowers tract, passing at o distance of 7.5 feet a found 3/4" iron pipe and continuing for a total distance of 245.15 feet to a 5/8" iron rod found for corner; THENCE S 87"27'31" E, continuing along a south line of said Flowers tract, a distance of 384.45 feet to a 1/2" iron rod found for corner in a southeast corner of said Flowers tract; THENCE N 02'55"12" E, along an east line of said Flowers tract, a distance of 1359.35 feet to a 1/2" iron rod found for corner at a fence corner; THENCE S 86'47'45' E, departing said east line and generally along a fence line, a distance of 819.38 feet to a capped iron rod found for corner on the east line of a tract conveyed to Janice L. Vollon by deed recorded in Volume 5107, Page 720, Denton County Land Records, Texas; THENCE N 02'10'32" E, along the east line of said Vallon tract, a distance of 568.77 to a 5/8" iron rod set for corner in Edwards Road; THENCE S 87'1.3'12" E, a distance of 219.23 to a 5/8" iron rod set for corner; THENCE S 02'46'48" W, a distance of 140.00 to a 5/8" iron rod set for corner; THENCE S 87"13'12" E, o distance of 27.15 to a 5/8" iron rod set for the point of curvature of a curve to the fight; THENCE in an easteoy direction, along the arc of said curve to the right, through a central ongle of 02'28'09",, having a radius of 2000.00 feet, a chord bearing of S 8559"07" E, a chord distance of 86.18 feet and an arc length of 86.19 feet to a 5/8" iron rod set for a corner; THENCE N 49'04'59" a distance of 13.83 to a .5/8" iron rod set for corner, THENCE N 02—'JB" E, o dictunce of 152.30 to a 5/8" iron rod set for corner in the uforementionec Edwards Road: THENCE S 87'13'12" E, a distance of 657.40 feet to a 5/8" iron rod set for corner ai the no: mwest corner of a tract conveyed to the Mary L. Mason Children"s Trust, as recorded in Volume 4074, Poge 1828, Denton. -aunty Land Records, Texas; THENCE S 02'41'24" W. along the west line of said Mason trust tract, a distance of 1325.52 feet to a fence corner Feast found for corner at the southwest corner of said tract and in the north line of a tract conveyed to Holigan Land Development by deed in Instrument No. 04-50045, Denton County Land Records, Texas; THENCE N 8723'32" W, along said north line, a distance of 556.47 to a 5/8" iron rod set for corner at the northwest corner of said Holigan tract;; THENCE S 01';5'12" W. along a west line of said Holigan tract, a distance of 1320.92 to the POINT OF BEGINNING and containing 4,065199 square feet or 93.324 acres of land, more or less. I, the undersigned, do hereby declare that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category 1A Condition It Survey. mate of Survey: 05-27-2004 E'y: Brockette—Davis—Drake, Inc. WC1fAf1 B. YMX '.�o S1B1 fpES h'i Tract B. Marx r Nd SURVij 1. O Registered Professional Land Surveyor 5181 PROPERTY SURVEY 93.324 ACRES (GROSS) DENTON COUNTY, TEXAS L BROCKETTE - DAMS - DRAKE , inc. E:::>oconsulting engineers Civil & Structural Engineering Surveying 4144 North Central Expressway, Suite 1100 Dallos,Texas 75204 (214)824-3647, fox (214) 824-7064 CHECKED DRAWN DATE SDALE NDTES rllr I'111- MBM I JL 15/27/0411"=200' 1 BG I C03292BY 37.16 ACRES FIELD NOTES all that carteln K tract or parcel of, land situated In the G. Walker Survey, Abstract Number 1330, Denton County, Texas and being all.of a called Tract A and Tract B tracts of land described in the Deed to Murphy Family Partnership, Ltd. recorded under County Clerk's File Number 98-R0016W5 of the Real Property Records of Denton County, Texas; and being more parftadarly described as follows: BEGINNING at a W eon rod found for the Southeast; comer of the treat being described herein at the Southeast comer of.said Murphy Treat A at the Southwest comer of a tract of lend described In the Deed to Joy Powell recorded In Volume 1695, Page 972 of the Deed Records of Denton County, Texas end in a road under apparent public use posted as Paige Road; THENCE North 86 Degrees 29 Minutes-25 Seconds West along said road and with the South line of sold Treat A, a distance of 594.19 feet to a W Iron rod found for the Southwest comer of said Murphy Tract A, and the Southeast comer of said Murphy Tract B In said road; THENCE North 86 Degrees 03 Minutes 03 Seconds West continuing along said road and the South line of sold Murphy Tract B, a distance of 669.21' feet to a W capped Iran rod set for the Southeast comer of the tract being described herein at the Southwest comer of said Murphy Tract B, at the Southeast oomer.of a tract of land described in the Deed to Allen P. Lubbers recorded under County Clerk's File Number 96-R0069829 of Ete Real Property Records of Denton County, Texas; THENCE North 02 Degrees 36 Merutes:31 Seconds, East with the West Ins of said Murphy Tract B, a distance of 1320.31 feet to a WIron rod found for the Northeast comer of Bald Murphy Tract B; THENCE South 87 Degrees 28 Minutes 49 Seconds East with the North One of said Murphy Tract B, a distance of 620.64 feet to a'X' Iron rod found for the Northeast said Murphy .Mract B and the Northwest oomer.of sold Murphy. Tract A; THENCE South 84 Degrees 35 Minutes 41 Seconds East with the North line of said Murphy Treat A. a distance of W9.67 feet to. a'%' capped Iron rod set for the Northeast comer of the of said Murphy Tract A iI. THENCE South 07 Degrees 47 Minutes 05 Seconds East along end near a fence, a distance of 94.12 feet to a X' capped Iron rod sat for comer, THENCE South 11 Degrees 25 Minutes 57 Seconds East along aril near a fence, a distance of 107.70 feet to a Y:' capped Iron rod set for corner, THENCE South 09 Degrees 111 Minutes 39 Seconds East Wong and near a fence, a distance of 96.39 feet to a'ti' capped Iron. rod set for comer, THENCE South 05 Degrees 33 Minutes 50 Seconds Feet along and near fences, a distance of 148.90 feet to a Y20 capped iron rod set for corner, THENCE South 01 Degrees 31 Minutes.33 Seconds East along and now a fence, a distance of 201.34 feat to a Iron rod found for comer THENCE South 03 Degrees 04 Minutes 18 Seconds East a distance of 227.36 feet to a W Iron rod found for comer, THENCE South 02 Degrees 27 Minutes 12 Seconds West along and now a fence, a distance of 300.92 feat to a IN Iron rod found for comer, THENCE South 01 Degrees 41 Minutes 57 Seconds East a distance of 154.71 feat to to the PLACE OF BEGINNING and endowing 37.16 apes of land more or leas. This Survey eke" represents the results of an on -the -ground survey made under my direction and supervision on 11-03.00. There are no visible or apparent Intrusion, protrusions or easements except as shown hereon. ^Zooms , FLOOD STATEMENT: I have examined the F.E.M.A. Flood Insurance Rate Map Denton County, Texas, Community Number 480774. effective date 4-2-97 and that mac Indicates that this Drocerty Is within "NonShaded Zone X' defined as "Areas ELECTRIC UTILITY AND HIKE AND BIKE TRAIL EASEMENT CITY OF DENTON THE STATE OF TEXAS § § KNOWN ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That, Holigan Land Development, Ltd., a Texas limited partnership, hereinafter called "Grantor" whether one or more, for an in consideration of Ten Dollars ($10.00), and other good and valuable consideration, to Grantor in hand paid by the City of Denton, a municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201, hereinafter called "Grantee," has granted, sold and conveyed and by these presents does grant, sell and convey unto Grantee an easement and right of way for the purpose of (i) erecting, operating, maintaining and servicing thereon one or more electric power and/or communication lines, each consisting of a variable number of wires, cables, and all necessary or desirable appurtenances, attachments and complete supporting structures, including foundations, guy wires and guy anchorages, and structural components (the "Electric Use") and (ii) erecting, operating, maintaining and servicing a hike and bike trail for recreational uses (the "Hike and Bike Use") in, on, over, under, and across that real property situated in Denton County, Texas, and more particularly described by as follows (the "Easement" or "Easement Property"): Refer to metes & bounds field note description titled Exhibit "A", and survey plat illustration titled Exhibit "B", both attached herewith and made a part hereof. Grantee shall have the right to construct, operate, improve, reconstruct, increase or reduce the capability, repair, relocate, inspect, patrol, maintain or remove such lines and other improvements within such easement as Grantee may from time to time find necessary, convenient or desirable to erect thereon and all rights necessary or convenient for full use of the above grant, including reasonable access over, across and upon the above referenced land to such easement to the extent such access does not materially affect Grantor's operational usage of such land. Grantor shall have the right to use the easement for any purpose not inconsistent with Grantee's full enjoyment of the rights herein granted, except as otherwise specified herein. Grantee shall have the right to trim or remove trees and shrubbery to the extent necessary, in the sole judgment of Grantee, to prevent possible interference with the operation of such lines and other improvements or to remove possible hazards thereto. Grantee shall remove from the Easement tree limbs, and clean up other debris, resulting from Grantee's operations hereunder. Grantee acknowledges that no currently existing buildings and/or structures will be affected by this Easement. Grantee shall have the right to remove or prevent the construction of any or all buildings, structures, signs and obstructions within this Easement. If any such buildings, structures, signs or obstructions are hereafter constructed or permitted by Grantor to exist within the Easement without Page I S:AOur Doc umentsVContractsV05Vlioligan-City Electric -Trail Easement.doc prior written consent of Grantee then Grantee shall have the right to remove the same and Grantor agrees to pay to Grantee the reasonable cost of such removal. Grantee shall have no right to fence or enclose the Easement or to use it for any purpose other than as set out above. The right of the Grantor to use the Easement Property for all other purposes that will not interfere with the exercise of the rights of Grantee is reserved to the Grantor; provided that all such uses shall be subordinate to this Easement and all such facilities shall be properly grounded, and shall be so constructed as to provide with respect to Grantee's lines and other facilities the minimum clearance provided by law, and recognized as standard in the electrical industry. Grantor shall not have the right to erect or maintain fences within the Easement Property. Grantee shall not be liable for damage or loss to crops sustained in the future by Grantor resulting from the Grantee's construction, reconstruction, repair, replacement, or other use of this Easement. TO HAVE AND TO HOLD the above Easement and right of way unto Grantee, its successors and assigns, and Grantor hereby warrants and forever agrees to defend the above described Easement and right of way unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, and not otherwise, subject, however, to the rights of the owner or owners of any existing easements within the. Easement Property. Notwithstanding any provision herein to the contrary, the Easement, right-of-way and rights provided herein for the Electric Use shall at all times and for all purposes be superior to the easement, right-of- way and rights provided herein for the Hike and Bike Use. Grantee acknowledges and agrees that Grantor has or intends to convey to the Flowers Baking Co. of Denton, LLC, a Texas limited liability company ("Flowers") certain perpetual, non-exclusive easements for the purpose of drainage and retention of storm and surface waters upon and through certain property that includes the Easement Property (the "Flowers Easement"), which Flowers Easement was recorded in the Real Property Records of Denton County, Texas on June 23, 2005 under Document number 2005-75250. The easements and rights of Flowers provided for in the Flowers Easement shall be subordinate to the easements, right -of way, and rights provided for herein. Notwithstanding any provision herein, Grantor shall have the right to execute, deliver and record the Flowers Easement and the Grantee hereby expressly acknowledges (i) that the easements in favor of Flowers in paragraph 1 of the Flowers Easement are approved by the Grantee, (ii) that the portion of the Easement Property burdened by the this instrument and the easements, right-of-way and rights created hereunder, shall perpetually accept the Existing Discharge (as defined in the Flowers Easement) subject to the terms and provisions of paragraph I of the Flowers Easement either into the Drainage Channels (as defined in the Flowers Easement) or into the Alternate Drainage Facilities (as defined in the Flowers Easement), as applicable, and (iii) that with the Grantee's written consent, which shall not be unreasonably conditioned, denied or delayed, Flowers shall have the right to enter upon the Easement Property to complete any maintenance of the Drainage Channels, Retention Pond (as defined in the Flowers Easement), or Alternate Drainage Facilities that Flowers may be entitled to perform under paragraph I of the Flowers Easement. This easement, together with the other provisions'of this grant, shall constitute a covenant running with the land for the benefit of Grantee, it successors and assigns. The right hereby granted is severable and may be assigned either in whole or in part. Page 2 S:\Our Documents\Contracts\05\1 foligan-City Electric -Trail Easement.doc EXECUTED this day of THE STATE OF COUNTY OF 2005. HOLIGAN LAND DEVELOPMENT. LTD. By: Printed Name: Title: ACKNOWLEDGMENT This instrument was acknowledged before me on this the day of 2005 by , general partner of Holigan Land Development. Ltd., a Texas limited partnership, on behalf of such limited partnership. Accepted this day of (Resolution No. 91-073). By: Paul Williamson Real Estate Manager Notary Public - State of My Commission Expires 2005 for the City of Denton, Texas After Recording, Return to: Paul Williamson, City Hall East City of Denton, 601 E. Hickory, Suite B Denton, Texas 76205 Page 3 SAOur Documents\Contmcts\05\Holigan-City Electric=rrail Easement.doe EXHIBIT `A' PAGE 1 OF 3 34102 05/02/05 ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE G. WALKER SURVEY ABSTRACT NUMBER 1330, DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 91.921 ACRE TRACT DESCRIBED IN A DEED TO FLOWERS BAKING CO. OF DENTON, LLC, RECORDED IN COUNTY CLERK'S FILE NUMBER 03-ROI59272, REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 12 INCH IRON PIN FOUND AT THE SOUTHERN MOST SOUTHWEST CORNER OF FLOWERS BAKING CO. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAIGE ROAD, SAID PIN ALSO BEING ON THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD; THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH THE SOUTHWEST LINE OF SAID FLOWERS TRACT, A DISTANCE OF 412.02 FEET TO A 12 INCH IRON PIN FOUND ON THE SOUTHWEST LINE OF SAID FLOWERS TRACT AND THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 02 DEGREES 03 MINUTES 43 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 101.30 FEET, AND A CHORD BEARING NORTH 38 DEGREES 14 MINUTES 15 SECONDS WEST, A DISTANCE OF 101.29 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID FLOWERS TRACT AND BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED EASEMENT; THENCE CONTINUING WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 01 DEGREES 25 MINUTES 33 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 70.04 FEET, AND A CHORD BEARING NORTH 36 DEGREES 29 MINUTES 38 SECONDS WEST, A DISTANCE OF 70.04 FEET TO A POINT ON THE SOUTHWEST LINE OF SAID FLOWERS TRACT; THENCE NORTH 51 DEGREES 37 MINUTES 01 SECONDS EAST, A DISTANCE OF 117.28 FEET; THENCE NORTH 03 DEGREES 03 MINUTES 00 SECONDS EAST, A DISTANCE OF 334.05 FEET; THENCE SOUTH 87 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 940.82 FEET TO A I2 INCH IRON PIN SET WITII A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTHH 02 DEGREES 43 MINUTES 42 SECONDS EAST, A DISTANCE OF 1043.62 FEET TO A 12 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849"; THENCE NORTH 60 DEGREES I l MINUTES 50 SECONDS WEST, A DISTANCE OF 294.75 FEET TO A 12 INCII IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849' ; THENCE NORTH 03 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 30.18 FEET; THENCE NORTH 10 DEGREES 34 MINUTES 45 SECONDS EAST, A DISTANCE OF 555.31 FEET; THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST, A DISTANCE OF 380.18 FEET; THENCE SOUTH 03 DEGREES 08 MINUTES 54 SECONDS WEST, A DISTANCE OF 70.00 FEET; PAGE 2 OF 3 THENCE NORTH 86 DEGREES 44 MINUTES 08 SECONDS WEST, A DISTANCE OF 318.73 FEET; THENCE SOUTH 10 DEGREES 34 MINUTES 45 SECONDS WEST, A DISTANCE OF 472.57 FEET; THENCE SOUTH 60DEGREES 11 MINUTES 50 SECONDS EAST, A DISTANCE OF 291.99 FEET; THENCE SOUTH 02 DEGREES 43 MINUTES 42 SECONDS WEST, A DISTANCE OF 1156.11 FEET; THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST, A DISTANCE OF 941.21 FEET; THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST, A DISTANCE OF 96.51 FEET T - - TO A 1/2 INCH IRON PIN FOUND AT THE NORTHWEST CORNER OF A TRACT DESCRIBED IN A DEED TO.KENNETH D. OWEN, RECORDED IN VOLUME 763, PAGE 137, DEED RECORDS, - DENTON COUNTY, TEXAS AND AN INNER ELL CORNER OF SAID FLOWERS TRACT; THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH THE EAST LINE OF SAID FLOWERS TRACT AND THE WEST LINE OF SAID OWEN TRACT, A DISTANCE OF 199.86 FEET TO A POINT ON THE WEST LINE OF SAID OWEN TRACT AND THE EAST LINE OF SAID FLOWERS TRACT; THENCE SOUTH 51 DEGREES 37 MINUTES 01 SECONDS WEST, A DISTANCE OF 151.17 FEET TO THE POINT OF RFG[NNING AND CONTAINING IN ALL 5.886 ACRES OF LAND. EXHIBIT PAGE 3 OF•3 LINE TABLE L1 N39'1416 412:02 L2 N51'37'01 "E 117.28 L3 NO3'03'00"E 334.05 L4 S87*33'17 E 940.82 L5 NO2'43'42"E 1,043.6 L6 N60'11'50"W 294.75 L7 NO3'08 54 E 30.18 L8 N10'34'45"E 555.31 L9 S86-44 08 E 380.18 L10 S03'08'54'W 70.00 L11 N86'44'08"W 31833 L12 S10'34'45IN 472.57 L13 S60'11 50 E 291.99 L14 SOT43.42"W 1,156.11 L15 N8733'1.7"W 941.21 L16 S03'03'00' W 96.51 L17 S03'03' 199.86 L18 S51'37'01"W. 151.17 CURVEA L Cl C2 RADIUS: 2,814.79 2,814.79 DELTA: 2'03'43"' 1'25'33" LENGTH: 101:30 70.04 CHORD: N38'14'15"W N36-29'385W N POINT OF BEGINNIN E3 10 / 1 LII R s�a�E3 L$i i V�PaA T N° j3 1 I L G.FLOWERS BAKING GO OF L3 1 I :IT".T.P319 POINT OF 7t I I DENTON LLC I CC/03-R759272 RPR FLOWERS BAKING CO. OF SEv2 • DENTON LLC IRON PIN- CC/03-R159272 .� RPR T 1/2` IRON PIN tI 1 5.886 ACRES L5 U 4 L4 SET 1/2" IRON PIN 70' UDLI Y EASEMENT r------ L1 s------- FOUND 1/2 n IRON PIN ,��. 0 L17 0� U�3 nQQ1IU �4'� O U N Zf zz L1 ON FOUND 112` $ IRON PIN PAIGE ROAD $HELDON BROMBERG CC 94—R0019355 P o o M,et ro p 1 ex BRADLEY SHt iT N Surveying, Inc. F 940-387-0506 223 W. HICKORY, DENTON, TEXAS 76201 info@metroplexsurveying.com DWN- JRH CID. BGSI SCALE 1 "=300' DATE 05/02/05 a°B No. 34102 ABANDONMENT, RELEASE AND QUIT CLAIM THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § WHEREAS, Holigan Land Development, Ltd. (the "Owner") is the owner of certain real property located in the City of Denton, Denton County, Texas and containing approximately 160.023 acres of land, as more particularly described in Exhibit "A" attached hereto by reference (the "Property"); and WHEREAS, the Property is encumbered by certain electric easements that are owned by the City of Denton, Texas (the "City") through Denton Municipal Electric ("DME") which easements are more particularly described as follows: That certain easement from Roland Hill and wife, Liffie Ilah Hill to Brazos River Transmission Electric Cooperative, Inc. dated June 3, 1947, recorded in volume 357, page 56 of the Deed Records of Denton County, Texas and that certain easement from J.B. Schmitz to Brazos River Transmission Electric Cooperative, Inc., dated June 4, 1947, recorded in Volume 354, page 394 of the Deed Records of Denton County, Texas, both of which were assigned to the. City of Denton, Texas pursuant to that certain Assignment dated October 23, 1987, recorded in Volume 2736, page 825 of the Real Property Records of the Denton County, Texas (collectively, the "Existing Easements"); and WHEREAS, pursuant to City Ordinance No. 2005-297 passed and approved on September 20, 2005 (the "Ordinance"), the City Council of the City authorized the abandonment and release of the Existing Easements to the extent they encumber the Property; Now, therefore, The City in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by the Owner, the receipt of which is hereby acknowledged, does by these presents, abandon, release, and quit claim unto Owner, its successors and assigns, all of its right title and interest in and to the Existing Easements to the extent they encumber the Property, subject ,however, to the City's right to enter upon the Property for the purpose of removing all DME electric poles, wires and appurtenances currently located within the Property by virtue of the Existing Easements (the "Existing Facilities"), provided that such right of entry will terminate one hundred eighty (180) days after the date hereof. The City will expeditiously remove the Existing Facilities from the Property. The City acknowledges that the conditions to the effectiveness of the abandonment and release of the Existing Easements pursuant to Section 2 of the Ordinance have been satisfied. TO HAVE AND TO HOLD all of City's right, title and interest in and to the Existing Easements to the extent they encumber the Property unto the Grantee, its successors and assigns forever, so that neither City nor its successors or assigns shall have, claim or demand any right or title to Existing Easements to the extent they encumber the Property, except for the limited right SAOur Documents\Contracts\05\Holligan Quit Claim Deed-2.rtf of entry to the Property to remove the Existing Facilities as provided above, which right shall terminate as provided above. Witness my hand, this the,_:,�(ff_ day of_�, 2005. CITY OF DENTON, TEXAS By: P#W Michael A. Condu f City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HER ticruw WLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on 2t;Z,_ , 3 -d,, 2005 by Michael A. Conduff, City Ma a er, of the City of Denton, Texas, on behalf of said city. `"' LINDA HOLLEY Notary ublic TOO' otary�and for the St e of Texas. 'y State of T12a08 2005 My Comm• EXP My Commission Expires: Page 2 Exhibit A ALL THAT CERTAIN TRACT OR PARCEL Or LAND LYING AND BEING SITUATED IN THE G. WALKERSURVEYABSTRACT NUMBER 1330,:DENTON COUNTY, TEXAS, AND BEING PART OF THE CALLED 91.921 ACRE. TRACT DESCRIBED IN A DEED TO FLOWERS BAKING CO. OF.DENTON, LLC, RECORDED IN COUNTY CLERK'S FILE NUMBER 03-110159272, REAL . PROPERTY RECORDS, DENTON COUNTY; TEXAS, AND ALSO BEING DESCRIBED AS ALL OF LOT 2, BLOCK A, FLOWERS FOOD ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN CABINET W, PAGES 333 AND 334, I PLAT RECORDS, DENTON COUNTY, TEXAS, AND ALL OF LOT 3, BLOCK A, FLOWERS FOOD ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT I THEREOF, RECORDED IN CABINET W, PAGES 335 AND 336, PLAT RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:I BEGINNING AT A FOUND RAILROAD SPIKE AT A NORTHEAST:CORNER OF THE FLOWERS BAKING CO TRACT. IN.EDWARDS ROAD; - THENCE SOUTH, 02 DEGREES 40 MINUTES 55 SECONDS WEST WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF A CALLED 16.0 ACRE TRACT DESCRIBED IN DEED TO RICHARD BARIA, RECORDED IN VOLUME 1329, PAGE 202, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, A DISTANCE OF 698.28-FEET TO A FOUND IRON PIN AT AN ANGLE POINT IN THE EAST LINE OF THE FLOWERS BAKING CO. TRACT AT THE NORTHWEST CORNER OF A CALLED 6.968 ACRE TRACT DESCRIBED IN A DEED TO HOLIGAN LAND DEVELOPMENT, LTD., RECORDED IN DOCUMENT NUMBER 2004-50040, OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 02 DEGREES 43 MINUTES 42 SECONDS WEST CONTINUING WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF SAID6.968 ACRE TRACT, A DISTANCE OF 1249.03 FEET TO A FOUND IRON PIN AT A SOUTHEAST .CORNER OF THE FLOWERS BAKING CO TRACT ON THE NORTH LINE OF THE 20.057 ACRE TRACT TO HOLIGAN LAND DEVELOPMENT, LTD. RECORDED IN COUNTY CLERK'S FILE NUMBER 03-R0135346, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 87 DEGREES 33 MINUTES 17 SECONDS WEST WITH A SOUTH LINE OF -THE FLOWERS BAKING CO. TRACT AND A NORTH LINE OFSAID20.057 ACRE TRACT, A DISTANCE OF 622.20 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF THE FLOWERS BAKING CO. TRACT, AND THE NORTHWEST CORNER A CALLED 2.846 ACRE TRACT DESCRIBED IN A DEED TO HOLIGAN LAND DEVELOPMENT, LTD. RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 2004-0230, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;" THENCE SOUTH 03 DEGREES 19 MINUTES 02 SECONDS WEST WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND A WEST LINE OF THE 2.846 ACRE TRACT A DISTANCE OF 472.97 FEET TO A FOUND FENCE CORNER POST AT AN ANGLE POINT IN A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE NORTHWEST CORNER OF THE CALLED 0.942 ACRE TRACT DESCRIBED IN THE DEED TO HOLGAN LAND DEVELOPMENT, LTD. RECORDED IN COUNTY CLERK'S DOCUMENT NUMBER 2004-0230, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 03 DEGREES 01 MINUTES. 21 SECONDS WEST CONTINUING WITH A EAST LINE OF THE FLOWERS BAKING CO. TRACT AND THE WEST LINE OF THE 0.942 ACRE TRACT A DISTANCE OF 224.75 FEET TO A FOUND STEEL PIPE AT A SOUTHEAST CORNER OF THE FLOWERS BAKING CO. TRACT ON THE NORTH RIGHT-OF-WAY LINE OF I POCKRUS PAGE ROAD; I, THENCE NORTH 67 DEGREES 56 MINUTES 40 SECONDS WEST WITH A SOUTH LINE OF j THE FLOWERS BAKING CO. TRACT AND THE NORTH RIGHT-OF-WAY LINE OF P06KRUS I PAGE ROAD, A DISTANCE OF 218.61 FEET TO A FOUND STEEL PIPE AT A SOUTHWEST CORNER OF THE FLOWERS BAKING CO. TRACT AND THE SOUTHEAST CORNER OF THE TRACT DF.LAND DESCRIBED IN THE DEED TO BETTY JOHN ROBE:RTSON RECORDED IN VOLUME 2423, PAGE 932 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; - ;-J THENCE NORTH 01 DEGREES 47 MINUTES 13 SECONDS EAST WITH A WEST.LINE OF THE FLOWERS BAKING CO. TRACT AND THE EAST LINE OF THE ROBERTSON TRACT A DISTANCE OF 683.38 FEET TO A FOUND IRON PIPE AT AN INNER ELL CORNER OF THE FLOWERS BAKING CO. TRACT AND A NORTHEAST CORNER OF THE CALLED 3.980 ACRE TRACT TO KENNETH D. OWEN RECORDED IN VOLUME 763, PAGE 137 OF THE DEED RECORDS -OF, DENTON COUNTY, TEXAS; THENCE NORTH R7 DEGREES 39 MINUTES 54 SECONDS WEST WITH A SOUTH LINE OF THE FLOWERS BAKING CO. TRACT AND THE NORTH LINE OF THE OWEN TRACT A DISTANCE OF 363.71 FEET TO A FOUND IRON PIN AT AN INNER ELL CORNER OF FLOWERS BAKING CO. TRACT; THENCE SOUTH 03 DEGREES 03 MINUTES 00 SECONDS WEST WITH AN EAST LINE OF FLOWERS BAKING CO. TRACT AND THE WEST LINE OF THE OWEN TRACT A DISTANCE OF 397.16 FEET TO A FOUND IRON PIN; THENCE SOUTH 39 DEGREES 1.1 MINUTES 49 SECONDS EAST WITH AN EAST LINE OF - FLOWERS .BAKING CO. TRACT AND THE SOUTH LINE OF THE OWEN TRACT A DISTANCE OF 362.08 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE SOUTHERNMOST SOUTHEAST CORNER OF SAID LOT 2, BLOCK A, ON THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD; . THENCE NORTH 87 DEGREES 29 MINUTES 45 SECONDS WEST WITH A SOUTH LINE OF SAID LOT 2, BLOCK A, AND THE NORTH RIGHT-OF-WAY LINE OF POCKRUS PAGE ROAD A DISTANCE OF 26.69 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE SOUTHERN MOST SOUTHWEST CORNER OF SAI❑ LOT 2, BLOCK A, ON THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD; THENCE NORTH 39 DEGREES 14 MINUTES 16 SECONDS WEST WITH A WEST LINE OF - FLOWERS BAKING CO. TRACT AND THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD, A DISTANCE OF 391.25 FEET TO A FOUND IRON PIN AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH THE EAST RIGHT-OF-WAY LINE OF THE OLD M.K.T. RAILROAD ALONG SAID CURVE HAVING A DELTA OF 13 DEGREES 29 MINUTES 38 SECONDS, A RADIUS OF 2814.79 FEET, AN ARC LENGTH OF 662.92 FEET (CHORD OF NORTH 32 DEGREES 31 MINUTES 18 SECONDS WEST A DISTANCE OF 661.39 FEET) TO A 112 INCH IRON PIN SET WITH A: YELLOW PLASTIC CAP STAMPED METROPLEX 1 B49; THENCE SOUTH 87- DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 1302.08 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 02 DEGREES 43 MINUTES 42 SECONDS EAST, A, DISTANCE OF 1043.62 ` FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 60 DEGREES 11 MINUTES 50 SECONDS WEST, A DISTANCE OF 294.75 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE NORTH 03 DEGREES 08 MINUTES 54 SECONDS EAST, A DISTANCE OF 587.48 FEET TO A 112 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 ON THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD; THENCE SOUTH 86 DEGREES 44 MINUTES 08 SECONDS EAST WITH THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD A DISTANCE OF 434.98 FEET TO A FOUND IRON PIN; THENCE NORTH 03 DEGREES 30 MINUTES 26 SECONDS EAST A DISTANCE OF'35.49 FEET TO A FOUND RAILROAD SPIKE IN EDWARDS ROAD ON THE NORTH LINE OF THE FLOWERS BAKING CO. TRACT; THENCE SOUTH 88 DEGREES 03 MINUTES 58 SECONDS EAST WITH THE NORTH LINE OF THE FLOWERS BAKING CO TRACT A DISTANCE OF 172.15 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 29.530 ACRES OF LAND. PROPERTY DESCRIPTION 7NG a tract of land situated in the Gideon Walker Survey, Abstract No. 7330, Denton County, Texas, id being all of those tracts conveyed to Holigan Land Development, Ltd. by deeds recorded in strument Numbers 03-735346, 04-9230, 03-207472, 03-166531, 03-207472 and 03-150512, and portion of that tract conveyed to said Halligan Land Development in Instrument Number 03-194979, in Denton County Land Records, Texas, and a portion of that tract conveyed to Richard A. Hand in ,fume 1329, Page 202, Denton County Land Records, Texas,. and being more particularly described as Mows: GINNING at a 5/8" iron rod set for corner in Pockrus Page Road, said corner being southeast ,rner of said tract conveyed to Holigan in Instrument No. 04-9230, IENCE N 87'19'30" W, along the south line of sold Holigan tract, a distance of 482.63 feet to a 78" iron rod set for corner in said Pockrus Page Road; IENCE N 8723'30" W, continuing along the south line of said Holigan tract, a distance of 1207.27 et to a 1/2" iron rod found for corner in said Pockrus Page Road; IENCE N 03'25'31" E, ❑ distance of 21.29 feet to a 1/2" iron rod found for corner on the north 7ht of way line of said Pockrus Page Road; IENCE N 8724'50" W, along the south line of said Holigan tract, a distance of 50.17 feet to a nce corner post found for corner on the north right of way line of said Pockrus Page Road; IENCE N 86'57'30" W, a distance of 187.67 feet to a fence corner post found for corner at the ,utheast con Pr of a tract conveyed to Flowers Baking Corporation by deed recorded in Instrument z 03-15927.1, Denton County Land Records, Texas; IENCE N D3'13'37" E, along an east line of said Flowers tract, a distance of 225.57 feet to a fence )rner post found for corner, IENCE N 02'J8'03" E, continuing along an east line of said Flowers tract, a distance of 472.47 feet a corner at an ell corner of said Flowers tract; IENCE S 87'17'02" E, along a south line o1 said Flowers tract, passing at a distance of 7.5 feet a and 314" iron pipe and continuing for a total distance of 245.15 feet to a 518" iron rod found for )rner, IENCE S 87'27'31" E, continuing along a south line of said Flowers tract, a distance of 384.45 feet a 112" iron rod found for corner in a southeast corner of said Flowers tract; IENCE N 0255'12" E, 'along an east line of said Flowers tract, a distance of 1359.35 feet to a 112" on rod found for corner at a fence corner, IENCE S 86'47'45" E, departing said east line and. generally along a fence line, a distance of 819,33 !et to a capped iron rod found for corner on the east line of a tract conveyed to Janice L. V❑Ilon y deed recorded in Volume 5107, Page 720, Denton County Land Records, Texas; IENCE N 02'10'32" E, along the east line of said Vallon tract, a distance of 568.77 to a 5/8" iron )d set for corner in Edwards Road; IENCE S 87'13'12" E, a distance of 219.23 to a 5/8" iron rod set for corner; IENCE S 02'46'48" W, a distance of 140.00 to a 5/8" iron rod set for corner; IENCE 5 87"13'12" E, a distance of 27.15 to a 5/8" iron rod set for the point of curvature of a jrve to the right; - _ (HENCE in an easterly direction, along the arc of said curve to the right, through a central angle of )2'28'09having o radius of 2000.00 feet, a chord bearing of S 85'59'07" E, a chord distance of 36.18 feet and on arc length of 85.19 feet to a 5/8" iron rod set for a corner; [HENCE N 49'04'59' E, a distance of 13.83 to a 5/8" iron rod set for corner; THENCE N 02-AS'4.9" E, a dictunce of 132.30 to a 5/8" iron rod set for.comer in the aforementioned Edwards Road; THENCE S 87'13'12" E, a distance of 657.40 feet to a 5/8" iron rod set for corner at the northwest corner of a tract conveyed to the Mary L. Mason Children's Trust, as recorded in Volume 4074, Page 1828, Denton -County Land Records, Texas; THENCE 5 02'41'24" W, along the west line of said Mason `rust tract, a distance of 1325.52 feet to a fence corner post found for corner at the southwest corner of said tract and in the north line of a tract conveyed to Holigan Land Development by deed in Instrument No. 04-50045, Denton County Land Records, Texas; THENCE N 87'23"32" W, along said north line, a distance of 556.47 to a 5/8" iron rod set for corner at the northwest corner of said Holigan tract;; , THENCE S 01'15'12" W, along a west line of said Holigon tract, a distance of 1320.92 to the POINT OF BEGINNING and containing 4,065199 square feet or 93.324 acres of land, more or less. I, the undersigned, do hereby declare that this survey substantially complies with the current Texas Society of Professional Surveyors Stondards and Specifications for a Category 1A Condition It Survey. Cate of Survey. 05-27-2004 By Brockette—Davis—Drake, Inc. Mel B. Marx Registered Professional Land Surveyor 5181 PROPERTY'SURVEY 93.324 POCKRUS PAGE c ! D W • RDS ROAD Au � DENTON t O U NW TEXAS E3 BROCKETTE - DAVI&: ,t DRAKE inc. ooconsulting engineers Civil &Structural Engine&ng- Surveying 4144 North Central Expressway, Suite9`Ij00 Dailas,Texas 75204 (214)824-3647, fax (214),824-7064 CHECKED DRAWN DATE SCALE NOTES FILE NO. MBM I JL 15/27/0411"=200' 1 BG I C03292BY MELD NOTES all that certain lot, tract or parcel of land situated in the G..Walker SuNey, Abstract Number 1330, Denton'County, texas and tieing ed of a called Tract A and Tracy 0 tracts of land described In the Deed to Murphy Family Parb)ership, Ltd. acorded undei,'County CleWs:He.Numbs. r96-R0016035 of the Real Property Records of Denton County,. Texas,. and being. noire particxrlarty dascribed:as follows: 3EGINNING at a X' Iron rod found for the Southeast-oomer of the_tract being described herein at the Southeast comer of said Aurphy Tract A at the Southwest corner of a tract of land described In the Deed to Joy Powell recorded In Volume 1696, Page 672 of the Deed Records of Denton County, Terris Ind In n mad,under apparent publlb use posted as Palge Road; rHENCE North 86 Degrees 29 Minutes 25 Seconds Wasi along said road and With the South line of said Tract A, a distance of i94.19 feetto a %w lmn rod found fw-the Southwest xrm®r of said Murphy Tract Aand.the Southeast comer of Bald Murphy Tract 3 in said road;. (HENCE North 86 Degrees 03 Minutes 03:Seconds.Westcoritlnuing along said road and the South line of said Murphy Tract S, a 11stsnce of 669.21' feet to a W capped kon vod set tbT the Southeast c onnet of the tract being: described herein at the Southwest wmsr of said Murphy Tract B, at the Southeast ooriier.of a tract of lend dasixibed'ln the Deed to Allen P. Lubbam recorded . order County:ClsWs File Number 9s-Rooe9629 of tts Real Property Records of Denton. County, Texas; rHENbE North 62 Degrees 36 Film l:6 31 Seconds East wl4h'the,.WestEirte of said: Murphy. Tract B, a dlstanoe of 1320.31 teat to 1/2* Iron ref found for the Northeast comer of said Murphy Tract 8; t rHENCE South 87 Degrees 26 Minutes 49 SsooMr East with the North fins ofsaid Murphy Tract B. a distance of 620.64 feet b. a W iron rod found for the Northeast mild Murphy Trao A,and the Northwad comer of said Murphy Tract A; rHENCE South 84.Degrees 35,MMLites 41 Seconds East with the Norlh.line of saki }il41hy Tract A, a dlstance.of 509.67 feet to. s'h' capped Iran rod sat for the Northa®st comes of the of said Murphy Tract A THENCE South 07 Degrees 47 Minutes W Se East Worig and near a fens a distance of 94.12 feet to a Y2' capped Iran rod set for corner, THENCE South 11 Degrees 25 Mhutes.57 Seoo4i East along and near a lehoei a distance of 107.70 feat to a Y? capped Iron ,od sat for corner, f: THENCE South 09 Degrees 11 Mkrutes 39 .S� East along and nears, fence, a distance of 98.39 feat to a'/:" capped.lron. rod set for comer,: i THENCE South 05 Degrees 33 Minutes 50 Sacorkis East a" and near a fence; a distance of 148,90 feet to a Yz' capped iron rod set for corner,: THENCE South 01 Degrees 31 Mlnutes.33 Sem6ft East along and neaaa Gene, a distance of 2004 feat to a'W Iron Trod found for comer, .. . THENCE South 03 Degrees.04 Minutes 18 Seconds East a distance of 227A6 feet to a iron rod found for oonnK THE South 02 Degrees 27 Minutes 12 Sac mds Weal alorig and now a fence, a distance of 300.92 fast to a W Iron rod found for comer THENCE South 01 Degrees 41 Minutes 57 Seconds East a distance of 154.71 feat to to the PLACE OF BEGINNING and ®ncbsing 37.16 eores of land mom or less. This Survey sketoh.repres" the results &.an 664 h s gnwnd survey made, under my direction and mupervislon on 11-03-00. There are no visible or apparent Intnrslon; protrusions or easements except as shoran hereon. J.E. THOMPSON It .L-S, No 4857 We :lob# 001369 FLOOD STATEMENT: I have. examined lhe F.E.M:A..F1ooddnsurence Rate Map Denton County, Texas, Community Number.