HomeMy WebLinkAbout2001-256FILE REFERENCE FORM 2001-256
Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
X Other
Late inttiaLs
Document has been filed with the County Clerk's Office -original
County document included with file but not imaged I I JW
ORDINANCENO
AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A CONSERVATION EASEMENT AGREEMENT WITH TEASLEY PARTNERS,
LTD FOR A 5 254 ACRE TRACT IN THE A HILL SURVEY, ABSTRACT NUMBER 623,
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager is hereby authorized to execute an Agreement between
the City and Teasley Partners, Ltd, in substantially the form of the Agreement which is attached
hereto and made a part of this ordinance for all purposes
SECTION 2 This ordinance shall become effective immediately upon its passage and
approval 2
PASSED AND APPROVED this the �7 ��� day of 2001
&.� A�
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CIT SECRETARY
BY
APiEERT
D AS TO LEGAL FORM
HE L P TY, C ATTORNEY
BY
STATE OF TEXAS
COUNTY OF DENTON
CONSERVATION EASEMENT AGREEMENT
This Conservation Easement Agreement ("Agreement") is made on this Alf
day of 2001 (the "Effective Date"), by Teasley Partners, Ltd , of Denton
County, Thas, (vhose mailing address is 3608 Wandering Trail STE 268, Plano, Texas
75075) ("Grantor") and The City of Denton ("Grantee"), a home rule municipality
RECITALS
A Grantor is the sole owner in fee supple of the real property legally described in
Exhibit "A" and illustrated in Exhibit "B", attached hereto and incorporated by this
reference, which is part of a 27.120-acre tract located in Denton County, Texas (the
"Property")
B The Property is a significant natural area that qualifies as a " relatively natural
habitat of fish, wildlife, or plants, or similar ecosystem," as that phrase is used in Section
170(h)(4)(A)(u) of the Internal Revenue Code of 1986, as amended, and in regulations
promulgated thereunder In particular, the Property contains outstanding open space and
scemc qualities, a variety of wildlife and potential habitat for endangered species
C The specific Conservation Values of the Property are that the property possesses
natural, scemc, historic, open space, scientific, biological and ecological values
D Grantor and Grantee have the common purpose of preserving and maintaining the
Conservation Values of the Property
E Grantor and Grantee acknowledge that this Agreement is being executed and the
Conservation Easement is being conveyed in perpetuity pursuant to the Texas Natural
Resource Code Chapter 183 and the parties wish to avail themselves of the provisions of
that law
F Grantee is organized to preserve and protect natural areas and ecologically
significant land for scientific, educational and charitable purposes, as is described in
Sections 501(c)(3) and 170(hX3) of the Internal Revenue Code of 1986
H Grantor, by granting and conveying the Conservation Easement, intends to make
a charitable contribution of a perpetual interest in the Property for conservation purposes,
and Grantee acknowledges Grantor's charitable intent
-I-
NOW, THEREFORE, for and in consideration of the facts recited above and the
mutual covenants, terms, conditions and restrictions contained herem, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Grantor hereby voluntarily donates, gifts, grants and conveys unto the Grantee a
conservation easement in perpetuity over the Property (the "Conservation Easement"),
together with all development rights associated with the Property not expressly reserved
by Grantor, of the nature and character and to the extent hereinafter set forth
1 PROPERTY USES. The purpose of the Conservation Easement is to (a)
ensure that the Property will be retained forever predominantly in its natural and scemc
condition, (b) protect native animals, plants, or plan communities on the Property, (c)
provide for the conservation, maintenance and enhancement of the water quality,
including without limitation, pollution avoidance and preservation and enhancement of
base flow, and (d) prevent any use of the Property that will significantly impair or
interfere with the Conservation Values described above Grantor intends that this
Agreement will restrict the use of the Property only to the extent inconsistent with the
purposes of the Conservation Easement and as otherwise expressly provided herem
2 PROPERTY USES. Any activity on or use of the Property inconsistent
with the purposes of the Conservation Easement is prohibited Without Imutmg the
generality of the foregoing, the following is a listing of activities and uses which are
expressly prohibited or which are expressly allowed Grantor and Grantee have
determined that the allowed activities do not impair the Conservations Values of the
Property Additional retained rights of Grantor are set forth in Paragraph 3 below
21 Subdivision. The Property may not be divided, subdivided or partitioned,
nor conveyed or pledged for a debt except in its current configuration as
an entity
22 Easements. Grantor shall have the right to bring electricity, phone and/or
utility Imes to any new unprovements from the nearest available line and
to grant necessary easements to accomplish same and shall have the right
to grant other easements as are reasonably necessary for Grantor's use and
enjoyment of the Property and adjoining property owned by Grantor as of
the Effective Date, provided Grantor (a) gives Grantee at least twenty (20)
days prior written notice of its intent to grant such easement and a copy of
the documents(s) creating such easement(s) and (b) obtains Grantee's
consent to such proposed easement(s) If Grantee does not approve or
object to such proposed easement within twenty (20) days after Grantee's
receipt of the above notice, such easement shall be deemed approved
23 Maintenance. Grantor shall maintain the Conservation Easement and the
specific Conservation Values
24 Mineral Extraction. No portion of the Property may be used for the
purpose of mining, quarrying, drilling, boring, or exploiting for or
-2-
removing oil, gas or other hydrocarbons, minerals of any kind, rocks,
stone, sand, gravel, aggregate, or earth, for any mineral development or
production activities at any time
25 Agricultural Use. Grantor has the right to plant, cultivate and harvest
food plots for personal and/or wildlife consumption (but not commercial
purposes) Except as provided above or as otherwise allowed by Grantee,
there shall be no farming or other agricultural activities on the Property
26 Grazing. Grantor shall not graze or pasture domestic animals on the
Property for commercial purposes
27 Recreational Uses. Grantor shall have the right to engage in and permit
others to engage in recreational uses of the Property that require no
material surface alteration or other development of the land Pursuit of
wildlife by any form of motorized transportation is not allowed
28 No Surface Alteration. There shall be no ditching, drammg, diking,
filling, excavating, dredging, mining, drilling or other alteration of the
surface of the Property, no disturbance of the subsoils (including, but not
limited to, the excavation or removal of soil, sand, gravel, rock, peat, or
sod, or the placing of soil or other substances and materials such as land
fill or dredging spoils), and no other activities on the Property that could
cause material erosion or siltation thereof, except as may be reasonably
necessary to restore, maintain or enhance the natural hydrologic regime of
the watershed or as may be reasonably necessary in the course of any
activity expressly permitted in this Agreement
29 Removal of Vegetation. There shall be no removal, harvesting,
destruction or cutting of trees, shrubs, brush or other plants within
sensitive areas (including, an area within 300 feet of any creeks or habitat
for any endangered or threatened species of plants or anneals), except (a)
incidental select cutting or removal of vegetation as reasonably necessary
for appropriate management of the Property (including enhancement of
view corridors for permtted residences and trails, removal of exotic
species of vegetation, cutting of fire wood for on -site use, maintenance of
open space and fire containment), (b) as reasonably necessary to
accommodate the activities and use permitted in this Agreement
(including the construction and maintenance of improvements), or (c) as
otherwise approved by Grantee in writing
210 Soil or Water Degradation. Except as necessary in connection with
those activities expressly permitted in this Agreement, there shall be no
change in the topography or surface or subsurface hydrology of the
Property in any manner Except as reasonably necessary in connection
with those activities expressly permitted herem, any use or activity that
-3-
causes or is likely to cause material soil degradation, erosion or siltation or
depletion, alteration or pollution of any surface or subsurface waters shall
be prohibited
2.11 Signage. No signs or billboards or other advertising displays are allowed
on the Property, except that signs whose placement, number and design do
not significantly diminish the scemc character of the Property may be
displayed to state the name and address of the Property and the names of
persons living on the Property, to advertise or regulate permitted on -site
activities, to advertise the Property for sale or rent, and to post the
Property to control unauthorized entry or use
212 Biocides; Fertilizers. There shall be no use of pesticides or biocides,
including but not limited to insecticides, fungicides, rodenticides, and
herbicides (collectively "Biocides"), except (a) as reasonably necessary to
control invasive species detrimental to the Conservation Values of the
Property, (b) as approved by Grantee Any use of Biocides must be in
accordance with the manufacturer's prescribed recommendations and
instructions Also, broadcast (aenal) treatment or use of Biocides is
prohibited, except for the spraying of livestock Grantor may not use
fertilizers except as reasonably necessary in connection with maintaining
landscaping and gardening surrounding permitted improvements or
cultivation of permitted food plots, provided such use is in accordance
with the manufacturer's prescribed recommendations and instructions
2 13 Dumping. There shall be no storage or dumping of trash, garbage, or
other unsightly or offensive matenals, hazardous substances, or toxic
waste that may negatively impact or be detrimental to the Conservation
Values
214 Storage Tanks. Grantor may not locate storage tanks on or under the
Property for the containment of butane, propane, water, annual waste to
the extent necessary for Grantor's residential, agricultural, ranching and
wildlife management operations Except as provided above, the use of
underground tanks for the storage of diesel, gasoline and other
hydrocarbon fuels is prolubrted
215 Predator Control. Grantor shall have the right to control, destroy, or trap
predatory and problem animals which pose a material threat to livestock
and/or humans The method employed shall be selective and specific to
individuals, rather than broadcast, nonselective techniques, and shall not
impair Conservation Values
2 16 Exotic Plants and Animals. Grantor shall have the right to (a) control,
destroy, or trap predatory and problem animals which pose a material
threat to livestock for non-commercial use, (b) landscaping and gardens
-4-
around the permitted structures and improvements (however, Grantor shall
use reasonable efforts to use native or adapted and drought -resistant
vegetation to the extent reasonably practicable), (c) as approved by
Grantee
2 17 Commercial Development. No commercial or industrial use of or
activity in the Conservation Easement, except, those relating to
recreational, or education uses
3 TRANSFER Grantor has the right to sell, gift, mortgage, lease or otherwise
convey the Property in its entirety, provided such conveyance is subject to the terms of
this Agreement
4 GRANTEE'S RIGHTS. To accomplish the purpose of the Conservation
Easement, the following rights are granted to Grantee by this Agreement
41 Right to Enforce. Grantee has the right to preserve and protect the
Conservation Values of the Property and enforce the terms of this
Agreement
42 Right of Entry. With prior notice to and appointment with Grantor,
Grantee has the right to enter the Property as follows one(1) time each
calendar year (a) to inspect the Property to determine if Grantor is
complying with the terms, covenants and purposes of the Conservation
Easement, (b) to monitor watershed characteristics and conditions and the
condition of the surface and subsurface waters on or adjacent to the
Property, and (c) to monitor and survey any endangered species on the
Property Notwithstanding anything herem to the contrary, Grantee may
also enter the Property, with prior notice to and appointment with Grantor,
in order to inspect the progress of construction of structures on the
Property to insure that such construction is in compliance with the terms
of this Agreement Grantee may also enter the property at such tunes as
allowed by Grantor to conduct research on watershed and range
management techniques or such other purposes as agreed to by Grantor
43 Discretionary Consent. Grantee's consent for activities otherwise
prohibited or requiring Grantee's consent under Paragraph 2 above, may
be given under the following conditions and circumstances If, owing to
unforeseen or changed circumstances, any of the prohibited activities
listed in Paragraph 2 are reasonably determined to be desirable by both
Grantor and Grantee, Grantee may, in its reasonable discretion, give
permission for such activities, subject to the limitations herem Such
requests for permission, and permission for activities requiring Grantee's
consent shall be in writing and shall describe the proposed activity in
sufficient detail to allow Grantee to judge the consistency of the proposed
activity with the purpose of the Conservation Easement Grantee may
-5-
give its permission only if it determines, in its reasonable discretion, that
such activities (a) do not violate the purpose of the Conservation
Agreement and (b) either enhance or do not impair any significant
Conservation Value Notwithstanding the foregoing, Grantee and Grantor
have no right or power to agree to any activities that would result in the
termination of the Conservation Easement In the event Grantor wishes to
engage in any activity or use of the Property requiring Grantee's consent,
Grantor shall send written notice to Grantee describing in reasonable detail
such request Grantee shall respond in writing to the request within sixty
(60) days In the event Grantee fails to trmely respond to the request, such
request shall be deemed granted or approved
5 RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED.
Other than as specified herem, this Agreement is not intended to unpose any legal or
other responsibility on Grantor, or in any way to affect any existing obligation of Grantor
as owners of the Property Among other things, this shall apply to
(a) Taxes — Grantor shall be solely responsible for payment of all taxes and
assessments levied against the Property
(b) Upkeep and Maintenance — Grantor shall be solely responsible for the
upkeep and maintenance of the Property, to the extent it may be required
by law Grantee shall have no obligation for the upkeep or maintenance
of the Property
6 ACCESS. No right of access by the general public to any portion of Property
is conveyed by this Agreement However, the public has the right to view the
Property from adjacent publicly accessible areas such as public roads and waterways
ENFORCEMENT. If either Grantee or Grantor become aware of a violation
of the terms of this Agreement, such party may notify the other party of its
violation and request corrective action sufficient to abate such violation and
restore the Property to its previous condition prior to the violation The
parties agree that the Baseline Report shall be deemed to provide objective
information concerning the Property's condition at the time of this
conveyance Failure by the party alleged to be in breach (the "Breaching
Party") to abate the violation and take such other corrective action as may be
requested by the party alleging the violation (the "Non -Breaching Party")
within sixty (60) days after receipt of such notice shall entitle the Non -
Breaching Party to exercise any one or more of the following remedies (a)
bring an action at law or equity in a court of competent jurisdiction to enforce
their terms of this agreement, and/or (b) enjoin the non-compliance by
temporary or permanent injunction in a court of competent jurisdiction If a
court of competent jurisdiction determines that the Breaching Party has failed
to comply with this Agreement, the Breaching Party shall reimburse upon
court order the Non -Breaching Party for any reasonable costs of enforcement,
including costs of restoration, court costs and reasonable legal expenses, in
addition to any other payments determined and ordered by such court In the
event a court of competent jurisdiction determines that the Breaching Party
was not in default under this Agreement, the Non -Breaching Party shall
reimburse upon court order the Breaching Party for its reasonable costs and
expenses, including reasonable attorney's fees, mcuired in connection with
defending such action as determined and ordered by such court Nothing
herein shall be construed to entitle Grantee to institute any enforcement
proceedings against Grantor for any changes to the Property due to causes
beyond Grantor's control, such as changes caused by fire, flow, storm,
earthquake or the unauthorized wrongful acts of third persons In the event of
violations of this Agreement caused by wrongful acts of thud persons, Grantor
agrees, upon request by Grantee, to assign its right to action to Grantee, or to
join in any scot for the purposes of pursuing enforcement action, all at the
election of Grantee
8 TRANSFER OF EASEMENT. The parties hereto recognize and agree that
the benefits of this Conservation Easement are in gross and assignable,
provided that any assignment to a governmental entity shall be subject to
Grantor's consent, which consent may be approved or denied in Grantor's
consent, which consent may be approved or denied in Grantor's discretion and
any other assignment shall be subject to Grantor's consent, which consent
shall not be unreasonably withheld, conditioned or delayed Grantee hereby
covenants and agrees that if it transfers or assigns tlus Conservation Easement,
(a) the organization receiving the interest will be a qualified organization, as
that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986
(or any successor section) and the regulations promulgated thereunder, that is
organized and operated primarily for one or more of the conservation
purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code and
(b) such organization shall have the financial capability of administering its
duties under this Agreement Grantee further covenants and agrees that the
terms of the transfer or assignment will be such that the transferee or assignee
will be required to continue to carry out in perpetuity the conservation
purposes that the grant was originally intended to advance
9 TRANSFER OF PROPERTY. Any time fee title to the Property is
transferred by Grantor to any turd party, Grantor shall notify Grantee in
writing at least thirty (30) days prior to the transfer of the Property, however,
Grantor's failure to give such notice shall not in anyway invalidate, affect or
impair such transfer
10 AMENDMENT OF EASEMENT Grantor and Grantee may amend this
Agreement provided such amendment shall not (a) be contrary to or conflict
with the purposes of this Conservation Easement, (b) impair any significant
Conservation Values associated with the Protected Property, (c) result in a
termination of this Agreement or conservation Easement, or (d) affect in any
-7-
way the qualification of the Conservation Easement or the status of Grantee
under any applicable laws, including without limitation, Section 170(h) of the
Internal Revenue Code Such amendment must be in writing, signed by
Grantor and Grantee and recorded in the Real Property Records, Travis
County, Texas
11 TERMINATION OF EASEMENT If it is determined that conditions on
or surrounding the Property have changed so much that it is unpossible to
fulfill the conservation purposes set forth above, a court with jurisdiction may,
at the joint request of both Grantor and Grantee, terminate this Agreement
If condemnation of a part of the Property or of the entire Property by public
authority renders it impossible to fulfill any of these conservation purposes, the
Conservation Easement may be terminated through condemnation proceedings
At the time of the conveyance of the Conservation Easement to Grantee, this
Agreement gives rise to a real property right, immediately vested in Grantee If the
Conservation Easement is terminated and the Property is sold or taken for public use,
then, as required by Section 1 170A-14(g)(6) of the IRS regulations, Grantee shall be
entitled to a percentage of the gross sale proceeds or condemnation aware (minus any
amount attributable to new improvements made after the date of this conveyance,
which amount shall be reserved to Grantor) equal to the ratio of the appraised value
of this Agreement to the unrestricted fair market value of the Property, as these values
are determined on the date of this Agreement Grantee shall use the proceeds
consistently with the conservation purposes of this Agreement
12 INTERPRETATION. Tlus Agreement shall be interpreted under the laws of
Texas, resolving any ambiguities and questions of the validity of specific provisions
so as to give maximum effect to its conservation purposes
13 INDEMNIFICATION. Grantor agrees to hold harmless, defend and
indemnify the Grantee from any and all liabilities including, but not limited to,
mjury, losses, damages, judgments, costs, expenses and fees that the Grantee
may suffer or mcur as a result of or arising out of the activities of the Grantor
on the Property that causes mjury to a person(s) or damage to property
14 TITLE. Grantor covenants and represents and warrants to Grantee the
following Grantor is the sole owner of the Property in fee simple and has the
right to grant and convey the Conservation Easement
15 NOTICES. Any notice, communication, request, reply or advice (severally
and collectively referred to as "Notice") in this Agreement provided or
permitted to be given, made or accepted by either party to the other must be in
writing Notice may, unless otherwise provided herem, be given or served (a)
by depositing the same in the United States mail, postage paid, certified mail,
and addressed to the party to be notified at the last address for which that the
sender has at the time of mailing, with return receipt requested, (b) by
delivering the same to such party, or an agent of such party, or (c) when
appropriate, by sending a fscsumle to the party to be notified at the fax
number shown below, with electronic confirmation Notice deposited in the
mail in the manner herem above described shall be effective from and after
such deposit Notice given in any other manner shall be effective only if and
when received by the party to be notified For the purposes of notice, the
addresses of the parties shall, until changed as provided below, be as follows
Grantor Teasley Partners, Ltd
Jun Henderson, Managing Partner
3608 Wandering Trail STE 268
Plano, Texas 75075
Telephone 972/964-5546
Fax 972/964-5347
Grantee City of Denton
215 E McKinney
Denton, Texas 76201
Telephone 940/349-8333
Fax 940/382-7923
With copy to Michael A Conduff, City Manager
City of Denton
215 E McKinney
Denton, TX 76201
Telephone 940/349-8307
Fax 940/349-8596
16 ENVIRONMENTAL CONDITION. Grantor warrants that they have no actual
knowledge of a release or threatened release of hazardous substances or wastes on the
Property
17 SEVERABIIdTY. If any provision of this Agreement is found to be invalid, the
remaining provisions shall not be altered thereby
18 PARTIES. Every provision of this Agreement is found to be invalid, the
remaining provisions shall not be altered thereby
19 RE-RECORDING. In order to ensure the perpetual enforceability of the
Agreement that applies to Grantor or Grantee shall also apply to their respective heirs,
executors, administrators, assigns, and all other successors as their interest may appear
20 MERGER. The parties agree that the terms of tins Agreement shall survive any
merger of the fee and easement interest in the Property
21 SUBSEQUENT LIENS ON PROPERTY. No provisions of this Agreement
should be construed as impairing the ability of Grantor to use tins Property as collateral
for subsequent borrowing, provided that any mortgage or hen arising from such a
borrowing would be subordinate to this Agreement
22 TERMINOLOGY. The use of the tern "Agreement' and "Conservation
Easement' shall be interpreted broadly to mean the other where appropriate
23 CONSENTS. Notwithstanding anything herem to the contrary, whenever in tins
Agreement a provision is subject to the consent or approval of Grantee, Grantee hereby
agrees not to unreasonably withhold, condition or delay such consent or approval
TO HAVE AND TO HOLD this Agreement unto Grantee in perpetuity, together
with all and singular the appurtenances and privileges belonging or any way
pertaining thereto, either at law or in equity, either in possession or expectancy, for
the proper use and benefit of Grantee, its successors and assigns, forever, and Grantor
does hereby bind Grantor to WARRANT and DEFEND the interest in the Property
granted and conveyed to Grantee under this Agreement, unto Grantee and its
successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof This conveyance is made subject to those matters
identified on Exhibit "C" attached hereto
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind
themselves, have set their hands and seals on the date first written above
City of Denton
_10-
THE STATE OF TEXAS §
COUNTY OF _"TD §
This instrument was acknowledged before me on the 1 IT7+ day of
JUN 2001, by Jun Henderson, Managing Partner, Teasley Partners, Ltd
r�DOREEN E DEVORE'
..................................
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument
De4ii , 2001, by
Den
H
22► E Poyocc
Notary Public, State of Texas
Print Name PoemPro
J �
My commussion expires 12 04 - W4
was acknowledged before me on the ,4/day of
Michael A Conduff, City Manager, on behalf of said City of
JANE E. RICHARDSON
.•�NoMy Public State 7 exss
My
: Commission EXp
.Sty June 27, 2000
-11-
Nkary Public, State of Texas
Print Name �j /C 1n RSOA/
My commission expires
EXHIBIT A"
Surveyors & Engineers
of North Texas
GREG EDWARDS P E WILLIAM COLEMAN R P L S
1621 Amanda Court Ponder Texas 76269
Ph (940) 482 2906 FAX (940) 482 2911 Toll free (877) 481 SENT
www sentcorp com
E S A EASEMENT
FIELD NOTES to all that certain tract of land situated in the A Hill Survey Abstract Number 623 City of Denton,
Denton County, Texas and being part of the Lot 1 and Lot 2, Block 1 of the Summit Addition as shown by the plat
thereof recorded in Cabinet F, Page 308 of the Plat Records of Denton County and also being part of a called 27 120 acre
tract described in the deed from Lorena Land Company to Teasley Partners, Ltd recorded in Volume 4430, Page 1273 of
the Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows
BEGINNING for the Northwest corner of the tract being described herem at a fence comer post at the Northwest corner
of the said Lot 1,
THENCE North 89 Degrees 42 Minutes 56 Seconds East with the North line of Lot 1 a distance of 680 00 feet to the
Northerly Northeast comer of the herem described tract,
THENCE Southerly across Lot I and said Lot 2, Block 1 the following eleven calls
1 South 55 Degrees 29 Minutes 50 Seconds East a distance of 162 70 feet,
2 South 73 Degrees 15 Minutes 16 Seconds East a distance of 112 42 feet,
3 South 01 Degrees 02 Minutes 11 Seconds West a distance of 167 53 feet,
4 South 44 Degrees 58 Minutes 19 Seconds West a distance of 15 66 feet
5 South 63 Degrees 26 Minutes 40 Seconds West a distance of 13 31 feet,
6 South 78 Degrees 24 Minutes 45 Seconds West a distance of 29 32 feet,
7 South 64 Degrees 51 Minutes 52 Seconds West a distance of 159 47 feet,
8 South 16 Degrees 10 Minutes 12 Seconds West a distance of 69 68 feet,
9 South 45 Degrees 00 Minutes 43 Seconds West a distance of 48 95 feet,
10 South 31 Degrees 24 Minutes 36 Seconds West a distance of 66 43 feet,
11 Along the arc of a curve to the left having a radius of 63 10 feet, an are length of 73 85 feet (chord bearing
South 01 Degrees 08 Minutes 20 Seconds West a distance of 69 71 feet) to the North line of the said 27 120
acre tract and the South line of Lot 2, Block 1 from which the Southeast corner thereof bears North 89 Degrees
56 Minutes 20 Seconds East a distance of 386 7 feet,
THENCE South 53 Degrees 17 Minutes 13 Seconds West across the 27 120 acre tract a distance of 33 19 feet,
THENCE North 83 Degrees 53 Minutes 07 Seconds West across the 27 120 acre tract a distance of 124 72 feet,
THENCE North 64 Degrees 24 Minutes 22 Seconds West across the 27 120 acre tract a distance of 14 78 feet to the
North line thereof and the South line of Lot 2, Block 1,
THENCE Northerly across Lot 1 and Lot 2, Block I the following twelve calls,
North 64 Degrees 24 Minutes 22 Seconds West a distance of 44 14 feet,
South 88 Degrees 59 Minutes 43 Seconds West a distance of 52 40 feet,
North 01 Degrees 00 Minutes 17 Seconds West a distance of 15 45 feet,
Along the arc of a curve to the left having a radius of 215 46 feet, an arc length of 15156 feet (chord bearing
North 36 Degrees 14 Minutes 24 Seconds East a distance of 148 46 feet),
North 13 Degrees 21 Minutes 53 Seconds East a distance of 169 94 feet,
North 14 Degrees 59 Minutes 03 Seconds East a distance of 107 04 feet,
EXHIBIT "A" (CONT )
7 South 86 Degrees 10 Minutes 58 Seconds West a distance of 82 26 feet,
8 North 62 Degrees 41 Minutes 30 Seconds West a distance of 53 82 feet,
9 South 86 Degrees 46 Minutes 13 Seconds West a distance of 32 39 feet,
10 North 87 Degrees 42 Minutes 31 Seconds West a distance of 50 89 feet,
11 North 00 Degrees 04 Minutes 36 Seconds West a distance of 15 15 feet,
12 South 89 Degrees 55 Minutes 25 Seconds West a distance of 329 66 feet to the West ]me of Lot 1, Block 1 on
the East line of Johnson Street,
THENCE North 00 Degrees 04 Minutes 35 Seconds West with the West line of Lotl, Block 1 and the East ]me of
Johnson Street a distance of 102 70 feet to the PLACE OF BEGINNING and enclosing 5 254 acres of land
0
o1�Q
�lw 3U
4.0
iN3ryrnis�n tsaw J I ,y C/� W Zi H m� 3
� NNOISWOHOS 53MOY 03000M �JN 3�`
�I
i h
f'S L91
r ^�
I h• M,1l ZO tOS h N
0
I y
F__� 1ryS380r�/yam ^ � I g q N
W
S530N/I6 `0 hb hg WaO, I 1 hM b00 �Yld 3tl 1N30
Z'A 3SOd ONd
l Oid/8B
NSW bb 2 lha b , M O n
� I q
b
= 5a o 3
4l r� p W
W O M h IN b b N N q
> q qrot N� Ib�h^tbpp q^
W b� N 3 �•- Io�N^blq q q
N 2 •
Od/8F0/ A Z .
NOSH30NY d' b h , U c o ,� `•",
3 •'bl vl t�' I O Cy): �J
ll
is NOSNhw
Ci o` �w
4VQ � ZS
W
€ a
�8 W z
zo
w w o
t3c�2 a °pY o
Zy � N - W
EXHIBIT "C"
1 EASEMENT EXECUTED BY JA MCLEOD AND WIFE, FLORENCE
MCLEOD TO THE CITY OF DENTON, DATED 516155, RECORDED IN
VOLUME 419, PAGE 25, DEED RECORDS, DENTON COUNTY, TEXAS,
AND AS SHOWN ON SURVEY DATED 10/1/98 BY GARY W HAMMETT,
RPLS
2 EASEMENT EXECUTED BY MRS SA BAYLESS, ETAL TO TEXAS
POWER & LIGHT DOMPANY, DATED 7/25/24, RECORDED IN VOUME
193, PAGE 326, DEED RECORDS, DENTON COUNTY, TEXAS, AND AS
SHOWN ON SURVEY DATED 10/1/98 BY GARY W HAMMETT, R P L S
S EASEMENT EXECUTED BY MRS SA BAYLESS ETAL TO TEXAS
POWER & LIGHT COMPANY, DATED 7130/27, RECORDED IN VOLUME
216 , PAGE 231, DEED RECORDS, DENTON COUNTY, TEXAS
ASSIGNED TO THE CITY OF DENTON, TEXAS BY ASSIGNMENT DATED
5/21/75, RECORDED IN VOLUME 756, PAGE 669, DEED RECORDS,
DENTON COUNTY TEXAS, AND AS SHOWN ON SURVEY DATED 10/1/98
BY GARY W HAMMETT, R P L S
4 EASEMENT EXECUTED BY J A MOUNTS AND WIFE MRS J A MOUNTS
TO LONE STAR GAS COMPANY, DATED 2/26/25 RECORDED IN
VOLUME 199, PAGE 619, DEED RECORDS, DENTON COUNTY, TEXAS,
AND AS SHOWN ON SURVEY DATED 10-1-98 BY GARY W HAMMETT,
RPLS
5 CROSS FENCE, ELECTRIC LINES, WATER LINES, POWER POLES AND
SEWER LINES IN PLACE, FENCE PROTRUSION ON THE NORTHERN
BOUNDARY LINE, FENCE ENCROACHMENT ON THE NORTHERLY
SOUTH BOUNDARY LINE AS SHOWN ON SURVEY DATED 10-1-98 BY
GARY W HAMMETT R P L S
6 GAS METER, SIGN, CROSS FENCE, ELECTRIC LINE, POWER POLE AND
GAS LINE IN PLACE, AS SHOWN ON SURVEY DATED 10-1-98 BY GARY
W HAMMETT, R P L S
7 EASEMENT EXECUTED BY BOONE DAUGHTERY TO TEXAS POWER
AND LIGHT COMPANY, DATED JULY 29, 1927, RECORDED IN VOLUME
216 PAGE 230 DEED RECORDS, DENTON COUNTY, TEXAS