1998-182 NOTE Amended by Ordinance No. 98-236.
ORDINANCE NO ~/~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH DIETER SCHWARZ,
TERRA/BAIN, INC, AND NR & RJ PROPERTIES, L P, RELATING TO PURCHASE OF
PROPERTY IN LAKEVIEW RANCH FOR A SEWER LIFT STATION AND STREET
RIGHT-OF-WAY AND THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS,
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN
EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the City Manager is hereby authorized to execute an Agreement on
behalf of the City of Denton with Dieter Schwarz, Terra/Barn, Inc and NR & RJ Properties,
L P, substantially in the form of the attached Agreement which is incorporated herein for all
purposes, relating to the purchase of property in Lakevlew Ranch for a sewer lift station and
street right-of-way, and the construction of water and sewer improvements and certain related
improvements
SECTION II That the City Manager is authorized to make the expenditure of funds as
provided in the attached Agreement
SECTION III That this ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the /~--~/~ day of (J~J'd~ ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
EXHIBIT E
REAL ESTATE CONTRACT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS CONTRACT OF SALE as made by and between Daeter Schwarz, by and through bas
attorney-m-fact, NR & RJ Propertaes L P (hereinafter referred to as "Seller") and CITY OF
DENTON, TEXAS, a home rule mumcapahty, of Denton, Denton County, Texas, (heretnaf~er
referred to as "Purchaser" or "C~ty"), upon the terms and conditions set forth heretn
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay
for, the tract of land contmmng approxtmately 4 33 acres of land sttuated m Denton County, Texas,
m the vtclmty of Lakevaew Ranch to be used for sewer hft statmn purposes, and twenty (20) feet
w~de rights-of-way (ROW) along and adJacent to the eastern boundary of the s~xty (60) feet wade
ROW deflmated to the Ctty ~n each phase of development of Lakewew Ranch for street ROW
proposes, being more panacularly described ~n Exbabtt B attached hereto and ~ncorporated herean by
reference for all purposes together with all and sangular the rights and appurtenances pertmmng to
the property, ~ncludmg but not hm~tcd to any right, tttle and anterest of Seller an and to adjacent
streets, alleys or nghtsoof-way, royalties and m~neral rights (all of such real property, rights, water
rights or rights to water, and appurtenances beang hereinafter referred to as the "Property"), together
wtth any improvements, fixtures, and personal property sttuated on and attached to the Property, for
the cons~deratmn and upon and subJeCt to the terms, prowsmns, and condmons herelnafler set forth
PURCHASE PRICE
1 Amount of Purchase Price The purchase pnce for the Property shall be the sum of
Tbarty Thousand Dollars ($30,000) for Lot 67, Block 9 as reflected on prehmmary plat approved
April 23, 1997 and Ten Dollars ($I0) per hneal foot for 20 feet wide street rights-of-way m
Lakevtew Ranch hereto purchased not wttban Lot 67, Block 9 and exastlng street rights-of-way
being crossed
2 Payment of Purchase Price The amount of the Purchase Pnce shall be payable ~n
cash ancrcmentally at closings as envasmned ~n agreement between Purchaser and Terra/Barn, Inc,
NK & RJ Properttes, L P, and D:eter Schwarz adopted by Caty Ordinance on June 16, 1998
PKELIMINAKY OBLIGATIONS OF THE PARTIES
The obhgat~ons of Purchaser hereunder to consummate the transactions contemplated
hereby are subject to the satmfactmn of each of the following conthttons any of wbach may be
waived m whole or an pan by Purchaser at or prior to the closing
Preliminary Title Report Wltlun twenty (20) days after the date hereof, Seller, at
SELLER'S SOLE COST AND EXPENSE, shall have caused the Title Company (hereinafter
defined) to issue a preliminary title report (the "Title Report") accompamed by copies of all
recorded documents relating to easements, nghts-of-way, etc, affecting the Property Purchaser
shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives
the Title Report that the condlt~on of title as set forth in the title binder is or is not satisfactory, and
in the event Purchaser states the condition is not satisfactory, Seller shall, at Seller's option,
promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of
Purchaser In the event Seller is unable to do so wlttun ten (I0) days after receipt of written notice,
tbas Agreement shall thereupon be null and void for all purposes and the Escrow Deposit, if any,
shall be forthwith returned by the Title Company to Purchaser, otherwise,
ti'ns condmon shall be deemed to be acceptable and any objection thereto shall be deemed to have
been waived for all purposes
2 Survey Contemporaneously with Purchaser's delivery of an executed original of
th~s Agreement, Seller shall w~thln twenty (20) days from the date hereof, at Seller's sole cost and
expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas
land surveyor acceptable to Purchaser and Seller The survey shall be staked on the ground, and
shall show the location of all improvements, highways, streets, roads, ratkoads, rivers, creeks, or
other water courses, fences, easements, and rights-of-way on or adjacent to the Property, If any, and
shall contain the surveyor's certification that there are no encroachments on the Property and shall
set forth the number of total acres comprising the Property, together with a metes and bounds
description thereof
Purchaser will have ten (10) days at, er receipt of the survey to review and approve the
survey In the event the survey is unacceptable, then Purchaser shall wlttnn the ten (10) day period,
g~ve Seller written notice of this fact Seller shall, at Seller's option, promptly undertake to
eliminate or modify the unacceptable portions of the survey to the reasonable sausfactmn of
Purchaser In the event Seller is unable to do so within ten (10) days after recexpt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for
all purposes and the Escrow Deposit, if any, shall be retumed by the Title Company to Pumhaser
Purchaser's failure to give Seller ttus written notice shall be deemed to be Purchaser's acceptance of
the survey
3 Seller's Compliance Seller shall have performed, observed, and complied w~th all
of the covenants, agreements, and conditions required by tlus Agreement to be performed,
observed, and eomphed with by Seller prior to or as of the closing
REPRESENTATIONS AND WARRANTIES
Seller hereby represents and warrants to Purchaser as follows, wi'ach representations and
warranties shall be deemed made by Seller to Purchaser also as of the closing date
1 There are no part~es ~n possession of any portion of the Property as lessees, tenants
at sufferance, or trespassers
PAGE 2
2 Except for the prior actions of Purchaser, there is no pending or threatened
condenmatlon, htigatlon or similar proceeding or assessment affecting the Propen3', or any part
thereof, nor to the best knowledge and behef of Seller is any such proceeding or assessment
contemplated by any governmental authority or other party NR &tLI, L P and D~eter Schwarz
have filed a declaratory judgment action against Land Advisors, Ine to have a $541,267 00 ben
claim declared mvahd and unenforceable
3 Seller has complied with ali applicable laws, ordinances, regulations, statutes, roles
and restrictions relating to the Property, or any pan thereof
4 To the best of Seller's knowledge, based upon reasonable inquiry and lnvestlgatmn,
there are no toxic or hazardous wastes or materials on or w~ttun the Property which reqmre changes
or remedmtion under applicable environmental laws Such toxic or hazardous wastes or materials
include, but are not limited to, hazari:tous materials or wastes as same are defined by the Resource
Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental
Response Compensation and Liability Act (CERCLA), as amended
CLOSING
The closing shall be held at the office of American Title Company, 6029 Belt Line Road,
Dallas, Texas, 75240, on or before ,1998, or at such title company, time, date, and
place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the
"closing date ")
CLOSiNG REQUIREMENTS
1 Seller's Requirements At the closing Seller shall
A Dehver to Purchaser a duly executed and acknowledged Special Warranty
Deed conveying good and indefeasible title in fee simple to all of the Property, free
and clear of any and all liens, encumbrances, conditions, easements, assessments,
and resmctions, except for the following
1 General real estate taxes for the year of
closing and subsequent years not yet due and
payable, and
2 Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations hereof, and
3 Any exceptions approved by Purchaser in
writing
4 Any hens wtuch are not excluded from the
coverage prowded to Purchaser by the Owner's title
policy
PAGE 3
B Dehver to Purchaser at Seller's sole cost and expense a TEXAS OWNER'S
TITLE POLICY at SELLER'S SOLE EXPENSE, xssued by Lawyer's T~tle
Insurance Corporation, by xts agent, American Title Company, 6029 Belt Line Road,
Suite 250, Dallas, Texas, 75240, or such title company as Seller and Purchaser may
mutually agree upon, in Purchaser's favor m the full amount of the purchase price,
insuring Purchaser's fee s~mple txtle to the Property subject only to those title
excepttons listed tn ~ hereof, such other exceptions as may be
approved m writing by Purchaser, and the standard pnnted exceptxons contmned ~n
the usual form of Texas Owner's T~tle Pohcy, provided, however
1 The boundary and survey exceptions shall be
deleted ~f reqmred by Purchaser and if so requ,red,
the costs associated with same shall be borne by
Purchaser, and
2 The exception as to restncttve covenants shall
be endorsed "None of Record", and
3 The exceptmn for taxes shall be hm~ted to the
year of closing and shall be endorsed "Not Yet Due
and Payable", and
4 The exception as to hens encumbenng the
Property shall be endorsed "None of Record", or to
the extent any lien is descnbed in the Pohcy and not
released, the Pohcy shall be endorsed to provide that
such hen shall not be an exception to the availability
to Purchaser of full coverage as provided by the
Pohcy
C Dehver to Purchaser possession of the Property on the day of closing
D Seller shall pay any rollback taxes attributable to the property and
mdemmfies and holds Purchaser harmless agmnst the payment of such rollback
taxes, ~f any
2 Purchaser's Requirements Purchaser shall pay the purchase price to Seller,
incrementally at closings referenced on page 1 in tmmedmtely available funds
3 Closxng Costs Through the date of Closing, Seller shall pay all taxes assessed by
any tax junsdtctmn through the date of Closing Any taxes tmposed, assessed or arising because of
a change of use of the Property after closing shall be prod by Seller
All other costs and expenses of closing m consummating the sale and purchase of the
Property not spemfically allocated heretn shall be equally shared by Purchaser and Seller
PAGE 4
REAL ESTATE COMMISSION
Any real estate corn.missions occastoned by the consummation of this Agreement shall be
the sole responsibility of Seller, and Seller agrees to mdemmfy and hold harmless Purchaser from
any and all claims for these commissions
BREACH BY SELLER
In the event Seller shall fall to fully and timely perform any of its obhgatmns hereunder or
shall fail to consummate the sale of the Property except Purchasers default, Purchaser may etther
enforce specific performance of flus Agreement or terminate this Agreement
BREACH BY PURCHASER
In the event Purchaser should fml to consurrunate the purchase of the Property, the
condmons to Purchaser's obhgatmns set forth tn PURCHASER'S OBLIGATIONS having been
sat]stied and Purchaser being tn default Seller may etther enforce spectfic performance of this
Agreement, or terminate this Agreement
MISCELLANEOUS
1 Asstgnment of Agreement This Agreement may not be assigned by Purchaser
without the express written consent of Seller
2 Survival of Covenants Any of the representattons, warranties, covenants, and
agreements of the parties, as well as
any rights and benefits of the part~es, pertmmng to a period of time following the closing of the
transacttons contemplated hereby shall survive the closing and shall not be merged there~n
3 Not]ce Any notme required or permitted to be dehvered hereunder shall be deemed
recetved when sent by United States mall, postage prepaid, cemfied marl, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the stgnamre of
the party
4 Texas Law to Apply This Agreement shall be construed under and tn accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder are
performable tn Denton County, Texas
5 Parties Bound This Agreement shall be btndtng upon and inure to the benefit of the
pa. riles and their respective he~rs, executors, admuustrators, legal representatives, successors and
assigns where permnted by this Agreement
6 Lesal Construcuon In case any one or more of the provtsmns contained m this
Agreement shall for any reason be held to be ]nvahd, illegal, or unenforceable tn any respect, said
mvahdlty, illegality, or unenforceabfllty shall not affect any other prov]smn hereof, and this
PAGE 5
Agreement shall be construed as tf the ~nvalld, illegal, or unenforceable provision had never been
contained hereto
7 Prior Agreements Superseded Tlus Agreement constitutes the sole and only
agreement of the parties and supersedes any prior understandings or written or oral agreements
between the parties respecting the witlun subject matter
8 Time of Essence Time is of the essence in tlus Agreement
9 Gender Words of any gender used m flus Agreement shall be held and construed to
include any other gender, and words in the singular number shall be held to include the plural, and
vice versa, unless the context requires otherwise
10 Memorandum of Contract Upon request of either party, both parties shall promptly
execute a memorandum ofttus Agreement suitable for filing of record
11 Compliance In accordance with the requirements of the Texas Real Estate L~cense
Act, Purchaser ts hereby advised that it should be furmshed with or obtain a policy of title Insurance
or Purchaser should have the abstract covenng the Property examined by an attorney of Purchaser's
own selection
12 T~me Limit In the event a fully executed copy of tbas Agreement has not been
returned to Seller wltlun tlurty (30) days after Seller executes tlus Agreement and delivers same to
Pumhaser, Seller shall have the right to tenmnate ttus Agreement upon written notice to Purchaser
DATED tlus ~/~r/dayof t~f:>.,~,sf,~/ ,.~ .v~.~
SELLERS PURCHASER
Dieter Schwarz TH~ITY. OF DENTONSEXAS~
By NR & P,J Properties L P
By NR & P,J Properties G P, Inc V/fi~/ch~el W/Jez, (~t~ i~nager
ItS sole eneral par~_ e~r '"q ' "~ 215 E Mc/Ctnney
By ~cholaS-Ratmond~, President
APPROVED AS TO LEGAL FORM
HEP.BERT L PROUTY, CITY ATTORNEY
PAGE 6
STATE OF ~ §
'~-COUNTY OFz~D~
~s ms~ent was a~owledged before me on this ~ day of
ff~ ,~by Nlohol~ Ralmondo
/
' Public ~n and for
NO rAn¥ State o f~Tcxaz
/ No~ Publm, Th~d Jud~al Cimull
STATE OF TE~S ~ , S~ato o~ ~:'wa~
~his m~m~m ~s ~c~owl~dg~d b~or~ m~, on ~ ~ day
-/f[~ , 1999 by ui~ae~ w ~ez, CJ~ ~ag~r, of t~ Cay of D~mon,
m~mp~l ~omlmn, ~o~ to m~ ~o b~ ~h~ p~r~on ~d officer whose n~ ~s subscribed to ~h~
T~x~, a m~mp~l co.oration, ~h~ h~ w~ duly amhonz~d to p~rfo~ ~h~ ~ by ~ppropm~
ordm~c* o~ Cl~y Councd ofth~ C~ ofD~mon ~d ~gt h~ ~x~cu~d th~ s~ ~ ~ ~c~ ofth~
said C~W for p~oses ~d cons,derat,on ~erem expressed, md ,n th~t~~
I t,t~l,I No~Publio, S~teofTe~s [ Not~ Public [~d fo~
PAGE 7
"EXHIBIT B" Page i of 6
ALL that certain lot, tract or parcel of land lyang and being
s~tuated ~n the City and County of Denton, State of Texas an the
M Forrest Survey, Abstract N~her 417 and being a portaon of that
oertaan 30 199 acre "Tract 1", a port~on of that certain 53 975
acre "T=aot 3", a port~on of that certain 131 353 acre "Tract 7",
and a portion of that certain 242 422 acre tract, all described to
DLeter Schwarz, Inc. an County Clerk's Document N-~her 94-
R0045817, Real Property Records, Denton County, Texas and also
beang a portaon of that certain 28 68 acre tract also desorLbed to
Daeter Sohwarz, Inc County Clerk's Document ~m~er 93-R0064306,
Real Property Records, Denton County, Texas and beLng a part of
Lots i & 2, Block 12, and part of Lots 1, 2, 3, 4, 5, 6, 8, 9, 10,
11, 12, 13, 14, 15, 16, 17 & 18, Block 9 and part of Lots I & 21,
Block 8, and beang all of Lot 67, Block 9, Lakevaew Ranch, Phase
1, an adc~tLon to the CLty of Denton, recorded an CabLnet P, Page
363 of the Plat Records of Denton County, Texas and beLng more
partacularly described as follows
Tract 1
BEGINNIN~ at the northwest corner of Lot 1, Block 13 of Lakevxew
Ranch, Phase 1, an addation to the Cmty of Denton, recorded xn
Cabxnet P, Page 363 of the Plat Records of Denton County, Texas,
THENCE South 87° 39' 20" East along the north lmne of sold Lot 1,
Block 13 a distance of 20 01 feet to a poxnt for corner,
THENCE South 00° 25' 08" West along the easterly lmne of the 20'
R O W reserve as shown on sa~d Lakev~ew Ranch, Phase I plat a
dLstanoe of 180 28 feet to a poant for corner, sold poLnt bexng
the beginning of a curve to the left whose radxus poant hears
South 89° 34' 52" East a distance of 910 feet and whose central
angle as 31° 30' 03",
THENCE southeasterly along the arc of scad curve and along sold
R O W. reserve 1Lne, passing at 158 57 feet the south lLne of sold
Lot 1, Block 13 s~me beLng the north lane of Lot 2, Block 13,
contanuing a total dastance of 500 32 feet to a poant for corner,
THENCE South 31° 04' 56" East along saxd R O W reserve lxne a
dLstance of 78 69 feet to a ~oant for ,orner, sold poant lyang on
the south 1Lne of scad Lot 2~ Block 13 and also beang a poant on
the north r~ght-of-way l~ne of Appaloosa Dr~ve,
~HENCE South 58° 55' 04" West along sold lanes a distance of 20 feet
to a point for corner, said poant be~n~I the southwest corner of
"EXHIBIT B" pag~ 2 of 6
samd Lot 2, Block 13 and being the xntersectaon of the east lane
of Lakeview Boulevard and the north lane of Appaloosa Drave,
THENCE North 31° 04' 56" West along the west lane of saad Lot 2,
Block 13, same beang the east raght-of-way lane of Lakevxew
Boulevard a distance of 78.70 feet to the begxnnang of a curve to
the rxght whose radius point bears North 58° 55' 04" East a dastance
of 930 feet and whose central angle as 31° 30' 03"
THENCE northwesterly along the arc of saad curve and along the
east right-of-way lane of Lakevaew Boulevard, passang at 352 80
feet the northwest corner of saad Lot 2, Block 13, same beang the
southweet corner of saxd Lot 1, Block 13, contanuang a total
dastance of 511 31 feet to a poxnt for corner,
THENCE North 00° 25' 08" East along the west lane of saad Lot 1,
Block 13 and the east rxght-of-way lane of Lakevaew Boulevard a
d~stance of 180 95 feet to the POINT OF BEGINNiNO and contaanang
3513 acre of land
Tract 2
BEGINNING at the northwest corner of Lot 1, Block 9, saad LakevLew
Ranch, Phase 1;
THENCE North 58° 55' 04" East along the north lane of saad Lot 1,
Block 9 and the south raght-of-way lane of Appaloosa Drave a
distance of 20 feet to a point for corner,
THENCE South 31° 04' 56" East along the easterly lane of the 20'
R O W reserve as shown on said Lakev~ew Ranch, Phase I plat a
d~stance of 70 feet to a poant for corner, saad poant beang the
begannang of a curve to the right whose radaus poLnt bears South
58° 55' 12" West a cL%stance of 540 feet and whose central angle as
31° 30' 03",
THENCE southeasterly along the arc of saad curve and along said
R O W reserve line, passing the common lane of Lots I & 2, Block
9, saad Lakeview Ranch, Phase 1, and contanuang a total cL%stance
of 296 89 feet to a point for corner, saad poant lyang on the
oo~uaon line of Lots 2 & 3, Block 9, saad Lakevaew Ranch 1,
THENCE South 00° 25' 08" West along saad R O W reser~ lane,
passLng the oo~on lanes of Lots 3, 4, 5 & 6, Block 9, saLd
Lakevaew Ranch, Phase 1, oontinuang a total dastance of 1335 83
feet to a point for corner, saad poant also beang the begannang of
"EXHIBIT B" Page 3 of 6
a curve to the left whose radius poLnt bears South 89° 34' 52" East
a cL%st&nce of 860 feet and whose central angle ~s 03° 53' 14",
THENCE Isoutheasterly along saLd curve and saLd R.O W reserve a
d~stande of 58 33 feet to a point for corner, sa~d point lying on
the south line of Lot 6, Block 9, saLd LakevLew Ranch, Phase 1,
THENCE South 86° 31' 50" West along the south 1Lne of saLd Lot 6,
Block 9, said LakevLew Ranch, Phase I a d~stance of 20 feet to a
point for corner, said point beLng the southwest corner of sa~d
Lot 6, Block 9, saLd Lakeview Ranch, Phase 1, saLd poLnt also
lying Qn the east rLght-of-way line of LakevLew Boulevard, saLd
poLnt also being the beginning of a non-tangent curve to the r~ght
whose radius poLnt bears North 86° 31' 54" East a c~stance of 880
feet and whose central angle is 03° 53' 14",
THENCE northerly along the arc of sa~d curve and along the west
1Lne of said Lot 6, Block 9, saLd LakevLew Ranch, Phase i and
along east rLght-of-way line of LakevLew Boulevard a distance of
59 72 feet to a point for corner,
THENCE ~orth 00° 25' 08" East along saLd lines, passLng the common
corners of Lots 6, 5, 4, and 3, Block 9, saLd LakevLew Ranch,
Phase 1, a d~stance of 1,335.83 feet to a poLnt for corner, saLd
poLnt being the northwest corner of Lot 3, Block 9 and the
southwest corner of Lot 2, Block 9, saLd LakevLew Ranch, Phase 1
and being the beginning of a curve the left whose radius point
bears North 89° 34' 52" West a distance of 520 feet and whose
centrai angle is 31° 30' 03",
THENCE northwesterly along the arc of saLd curve and along the
west l~ne of Lot 6, Block 9, saLd LakevLew Ranch, Phase I and the
east right-of-way 1Lne of LakevLew Boulevard, passLng the common
corner of Lots I & 2, Block 9, saLd LakevLew Ranch, Phase 1, a
distance of 285 89 feet to a poant for corner,
THENCE ~orth 31° 04' 56" West along the west lane of Lot 1, Block 9,
saLd L~kevLew Ranch, Phase i and the east rLght-of-way line of
LakevLew Boulevard e distance of 70 01 feet to the POINT OF
BEGINNING and containing .8064 acre of land
Tract 3
BEGINNING at the northwest corner of Lot 8, Block 9, saLd LakevLew
Ranch, Phase 1,
"EXHIBIT B" pa;~ 4 of 6
THENCE North T3° 50' 26" East along the north lane of sa~d Lot 8,
Block 9 a distance of 20 feet to a poant for corner,
THENCE South 16° 09' 34" East along the easterly lane of the 20'
R O W. reserve as shown on said Lakevaew Ranch, Phase i plat a
dastanOe of 84 45 feet to a poant for corner, scad poant being the
beganning of a curve to the raght whose radius poant bears South
73° 50' 26" West a distance of 790 feet and whose central angle as
18° 24' 38",
THENCE southeasterly along the arc of scad curve and along scad
R 0 W reserve line, passang the common lane of Lots 8 & 9, Block
9, scad Lakeview Ranch, Phase 1, and cont~nuang a total d~stance
of 253.85 feet to a poant for corner,
THENCE South 02° 15' 04" West along scad R O W reserve lane,
passan~ the c~m~on lines cf Lots 9, 10, 11, 12, 13, 14, 15, 16,
17, and 18, Block 9, scad Lakevaew Ranch, Phase 1, contanuang a
total distance of 1,777 93 feet to a poant for corner, scad poant
also being the begannang of a curve to the left whose rac~us poant
bears South 87° 44' 56" East a dastance of 460 feet and whose
central angle is 17° 58' 29",
THENCE southeasterly along scad curve and scad R O W reserve a
c~stance of 144 31 feet to a poant for corner, scad poant lyang on
the south lane of Lot 18, Block 9, scad Lakevaew Ranch, Phase 1
and lying on the north right-of-way lane of Stall~on DrLve,
THENCE South 70° 33' 04" West along the south lane of scad Lot 18,
Block 9, scad Lakevaew Ranch, Phase i and along the north raght-
of-way line of Stallaon Drive a distance of 20 04 feet to a poant
for corner, said poant being the southwest corner of scad Lot 18,
Block 9, said poant also being the begannang of a non-tangent
curve to the right whose radaus poant bears North 74° 07' 17" East a
dLstance of 480 feet and whose central angle as 18° 07' 48",
THENCE northerly along the arc of scad curve and along the west
lane of said Lot 18, Block 9, scad Lakevaew Ranch, Phase I and
along e~st right-of-way line of Lakevaew Boulevard a dastance of
151 90 feet to a point for corner,
THENCE North 02° 15' 04" East along saLd lane,, passLng the com--on
corners of Lots 18, 17, 16, 15, 14, 13, 12, 11, 10, and 9, Block
9, said Lakeview Ranch, Phase 1, a dastance of 1,777 93 feet to a
poant ~or corner, scad point beang the begannang of a curve the
left whose radius poant bears North 87° 44' $6" West a dastance of
770 feet and whose central angle as 18° 24' 38",
"EXHIBIT B" pag~ 5 of 6
THENCE northwesterly along the arc of saLd curve and along the
west line of Lot 9, Block 9, said LakevLew Ranch, Phase i and the
east raght-of-way lane of Lakevaew Boulevard, passLng the conuaon
corner of Lots 9 & 8, Block 9, scad Lakevaew Ranch, Phase 1, a
dastance of 247 42 feet to a poant for corner,
THENCE North 16° 09' 34" West along the west lLne of Lot 8, Block 9,
scad Lakevaew Ranch, Phase i and the east raght-of-way 1Lne of
LakevaeW Boulevard a dastance of 84 45 feet to the POINT OF
BEGINNING and conteanang i 0381 acres of land
Tract 4
BEGINNING et the northwest corner of Lot 1, Block 8, scad LakevLew
Ranch, Phase 1,
THENCE North 70° 33' 40" East along the north lane of saLd Lot 1,
Block 9 and the south raght-of-way 1Lne of Stallaon Drave a
c~stance of 20.04 feet to a poant for corner, scad point beang the
begannang of a non-tangent curve to the left whose radius poant
bears North 660 47' 51" East a distance of 460 feet and whose
central angle is 18° 00' 55";
THENCE southeasterly along the arc of scad curve and along the
east lane of a 20' R O W reserve as shown on saxd Lakevmew Ranch,
Phase i plat, a d~stance of 144 64 feet to a poant for corner,
THENCE South 41° 13' 04" East along scad R O W reserve line,
passxng the co~z~on lines of Lots I & 21, Block 8, saxd Lakevxew
Ranch, Phase 1, contanuing a total d~stance of 519 05 feet to a
point for corner, scad poant also beang the beginning of a curve
to the right whose tach, us poant bears South 48° 46' 56" West a
dastanoe of 540 feet and whose central angle as 11° 52' 08",
THENCE southeasterly along scad curve and scad R O W reserve a
dastanoe of 111.86 feet to a poLnt for corner, scad poLnt lyang on
the south lane of Lot 21, Block 8, saLd LakevLew Ranch, Phase 1
and lyang on the north raght-of-way lLne of Rodeo DrLve,
THENCE South 60° 39' 04" We~ along ss~d 1Lnes a dastance of 20 feet
to a point for corner, said point being the southwest corner of
saLd Lot 21, Block 8, said Lakevaew Ranch, Phase 1, said poLnt
beLng tho begannang of a non-tangent curve to the left whose
rectus poant bears South 60° 39' 04" West a dLstance of 520 feet and
whose central angle is 11° 52' 08",
"EXHIBIT B" Pags 6 of 6
THENCE northerly along the arc of saad curve and along the west
lane of sa~d Lot 6, Block 9, saad Lakevaew Ranch, Phase i and
along east right-of-way line of Lakevaew Boulevard a dastance of
107 72 feet to a point for corner,
THENCE North 41° 13' 04" West along sa:d lanes, passang the common
corners of Lots 21, and 1, Block 8, said Lakev~ew Ranch, Phase 1,
a d~st&nce of 519 05 feet to a point for corner, sa:d point being
the beg&nning of a curve the r~ght whose radius point bears North
48° 46' 56" East a ch~stance of 480 feet and whose central angle as
18° 10' 19",
THENCE northwesterly along the arc of saLd curve and along the
west l~ne of Lot 1, Block 8, saad Lakevaew Ranch, Phase i and the
east right-of-way line of Lakevaew Boulevard a dLstance of 152 24
feet to the POINT OF BEGINNING and contaanLng 3569 acre of land
Tract 5
BEING ell of Lot 67, Block 9 of LakevLew Ranch, Phase 1, an
addLtaon to the City of Denton, recorded an CabLnet P, Page 363 of
the Plat Records of Denton County, Texas
AMERICAN TITLE COMPANY
'-~ ~ A LANDAMERICA COMPANY
September 2, 1999
Mr Paul W~lhamson
C~ty of Demon, Texas - C~ty Hall West
221 North Elm Street
Denton, Texas 76201
RE Our GF #99 BC 540412-L (06)
Real Estate Contract by and between Dieter Schwarz (NR & RJ Propemes, L P ) ("Seller")
and C~ty of Denton, Texas ("Purchaser") -- Lot 67, Block 9 and 5864 20 Linear Feet of
R O W m Lakewew Ranch per Ordinance No 98-182
Dear Mr W~lhamson
We are pleased to enclose Lawyers T~tle Insurance Corpurat~on Owner Pohcy of T~tle Insurance No
90-00-522755 m the mount of $88,642 00 and tssued by American T~tle Company together with the
following documents
1) F~le stamped copy of Speetal Warranty Deed,
2) Duphcate original of Purchaser's Statement, and
3) Copy of Insunng Around Letter
We appreciate the opportumty to be of service to you tn this transaction Please do not hesttate to
contact us ffwe can be of further servtee to you ~n th~s or any future matter
Smcerely,
Lmda W~lhams
Escrow Assistant to Randy Hopkins
/lw
Enclosures
6029 BELT LINE ROAD SUITE 250 DALLAS, TEXAS 75240 972 789 5400 FAX 972 789 8029
I.a..rwers'Iitl. e
InSurance rporat on
NATIONAL HEADQUARTERS
RICHMOND VIRGINIA
OWNER POLICY NUMBER
90 - 00- 522755
SUBJECT TO THE EXCLUSIONS FROM COVERAGE THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS
AND STIPULATIONS LAWYERS TITLE INSURANCE CORPORATION a Vlrglma corporation here~n called the Company ~nsures as of Date of Policy
shown ~n Schedule A against loss or damage not exceeding the Amount of Insurance stated ~n Schedule A sustained or incurred by the ~nsured by
reason of
T~tle to the estate or ~ntsrest described ~n Schedule A baling vested other than as stated there~n
2Any defect in or lien or encumbrance on the title,
3Any statutory or constitutional mechanic s contractor s, oi matenalmen e I~en for labor or matenal hawng ~ts ~ncephan on or before Date of Pohcy
4Lack of a right of access to and from the land
5Lack et good and indefeasible title
The Company also will,pay the costs, attorneys fees and expenses incurred tn defense of the hale as insured but only to the extent prowded ~n the
Condfl~ons and St~pulaftons
IN WITNESS WHEREOF the Company has caused th~s policy to be signed and sealed to be vahd when Schedule A Is countersigned by an authorized
ofhcer or agent of the Company al~ in accordance with its By Laws
EXCLUSIONS FROM COVERAGE
The follow~ng matters are expressly excluded from the coverage of th~s policy and the Company w~ll not pay loss or damage costs attorneys fees
or expenses which ar[se by reason of
(a) Any law ordinance or governmental ragulahon (including but not hm]ted to building and zomng laws ordinances or regulattons) restricting
regulating, proh]bfllng or relating to ([) the occupancy, use, or enjoyment of the land 0[) the character dimensions or location of any ~mprovement
now or hereafter erected on the land, (111) a separation ~n ownership or a change in the dimensions or area of the land or any parcel of which the
land is or was a part or (iv) environmental protection, or the effect of any v[olahon of these laws ordinances or governmental regulattons except
to the extent that a notme of the enforcement thereof or e nohco of a defect lien or encumbrance resulhng from a violation or alleged v[olahon
affechng the la~d has been recorded in the pubhc records at Date of Pohcy
(b) Any governmental police power not excluded by (a) above except to the extent that a nohce of the exercise thereof or a not[ce of a defect lien
or encumbrande resulting from a v[olahon or alleged violation affecting the land has been recorded in the pubhc records at Date of Policy
2 Rights of eminent domain unless nohce of the exercise thereof has been recorded In the pubhc records at Date of Pohcy but not excluding from
coverage any taking that has occurred pr[or to Date of Policy which would be binding on the rights of a purchaser for value without knowledge
3 Defects, hens encumbrances, adverse claims or other matters
(a) created suffered, assumed or agreed to by the insured claimant
(b) not known to the Company not recorded tn the public records at Date of Pohcy but known to the insured cia,mane and not disclosed ~n wct[ng
to the Company by the ~nsured claimant prior to the date the insured claimant became an ensured under this pot[cy
(c) resulhng in no loss or damage to the insured cia[mane,
(d) attaching or created subsequent to Date of Pohcy
(e) resulting tn loss or damage that would not have been susta]ned if the insured claimant had paid value for the estate or interest insured by this pohcy
4 The refusal of any person to purchase, lease or lend money on the estate or ]nterest covered hereby in the land descebed in Schedule A because
of unmarketability of the title
5 Any claim which arises out of the transaction veshng ~n the person named in paragraph 3 of Schedule A the estate or ]nterest insured by this policy
by reason of the operation of federal bankruptcy, state insolvency or other state er federal cred,tors rights laws that is based on e]ther
(0 the transact[on creating the estate or interest Insured by this Pohcy be]ng deemed a fradulent conveyance or fradulent transfer or a voidable
d[str[buhon or voidable d[wdend,
(]]) the subord[natlon or recharacter[zet[on of the estate or interest ~nsured by this Policy as a result of the apphcat[on of the doctnne of equitable
subord[nahon or
(,[) he ransachon creating the estate or interest insured by th~s Pohcy be[rig deemed a preferential transfer except where the preferenhal transfer
results from the fatlure Df the Company or its issuing agent to timely file for record the instrument of transfer to the insured after dehvery or the
failure of such recordatton to [rupert not[ce to a purchaser for value or a judgment or hen creditor
Pohcy 90 Texas Form T 1 {1 1 93} Cover Sheet
035 0 090 4226/7 Owner Pohcy Form prescribed by State Board of Texas Department of Insurance
CONDITIONS AND STIPULATIONS--CONTINUED
t~tle or other matter ~nsured against by th~s pohcy that constitutes the (b) In the event the Amount of Insurance stated ~n Schedule A at
bas~s of loss or damage and shall state, to the extent possible, the basis the Date of Pohcy ~s less than 80 percent of the value of the
of calculating the amount of the loss or damage If the Company ~s ~nsured estate or interest or the full cons~derabon pa~d for the
prejudiced by the failure of the insured claimant to provide the required land whmhever ~s less or ~f subsequent to the Date of Pohcy
in ~mprovement ~s erected on the land which increases the
proof of loss or damage !he Company s obligahons to the insured under
the pohcy shall term~nate~ ~ncluding any hab~hty or obligation to defend value of the ~nsured estate or interest by at least 20 percent
over the Amount of Insurance stated ~n Schedule A then this
prosecute or conhnue any ht~gat~on, with regard to the matter or matters
requmng such proof of toss or damage Pohcy ~s subject to the following
In addition, the ~nsured claimant may reasonably be required to (0 where no subsequent ~mprovement has been made as to
any par[~al loss the Company shall only pay the loss pro rata
submit to exammahon under oath by any authorized representatwe of the ~n the proporhon that the amount of ~nsurance at Date of
Company and shall produce for examination, ~nspection and copying, at Pohcy bears to the total value of the ~nsured estate or ~nterest
such reasonable t~mes and places as may be designated by any autho at Date of Pohcy or
nzed representative of the Company, all records books ledgers, checks
correspondence and mer~oranda whether beanng a date before or after (H) where a subsequent ~mprovement has been made as to any
Date of Pohcy which rea6onably pertain to the loss or damage Further parhal loss the Company shall only pay the loss pro rata ~n
~f requested by any authorized representative of the Company the insured the proportion that 120 percent of the Amount of Insurance
stated ~n Schedule A bears to the sum of the Amount of
claimant shall grant ~ts permission, in wntlng for any authonzed repre Insurance stated in Schedule A and the amount expended
sentatlve of the Companylto examine, inspect and copy all records books for the ~mprovement
ledgers checks correspondence and memoranda in the custody or
control of a third party whmh reasonably pertain to the loss or damage The provisions of this paragraph shall not apply to costs
All information designated as confidential by the ~nsured claimant pro attorneys fees and expenses for which the Company ~s hable
wded to the Company pqrsuant to this Section shall not be disclosed to under this pohcy and shall only apply to that portion of any
others unless In the reasonable judgmentofthe Company,~t is necessary loss whmh exceeds m the aggregate 10 percent of the
~n the adm~n~strabon of the claim Fadure of the insured claimant to submit Amount of Insurance stated ~n Schedule A
for exam~nahon under oath produce other reasonably requested refer (c) The Company wdl pay only those costs attorneys fees and
matron or grant permlss~en to secure reasonably necessary information expenses ~ncurred ~n accordance w{th Section 4 of these Con
from third partms as required in this paragraph shall terminate any Ilab~hty d~t~ons and Stipulations
of the Company under th~e pohcy as to that c~alm 8 APPORTIONMENT
6 OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, TERMINATION If the land described ~n Schedule A consists of two or more parcels
OF LIABILITY that are not being used as a s~ngle s~te and a loss ~s estabhshed affecting
In case of a claim under th~s policy, the Company shall have the one or more of the parcels but not all the loss shall be computed and
following additional options settled on a pro rata bas~s as ~f the amount of insurance under th~s pohcy
(a) To Pay or Tender Payment of the Amount of Insurance was d~wded pro rata as to the value on Date of Pohcy of each separate
To pay or tender payment of the amount of ~nsurance under th~s parcel to the whole exclusive of any ~mprovements made subsequent to
pohcy together w~th any costs attorneys fees and expenses Date of Pohcy unless a hab~hty or value has otherwise been agreed upon
~ncurred by the insured claimant which were authonzed by the as to each parcel by the Company and the insured at the t~me of the
Company up to~the time of payment or tender of payment and issuance of this pohcy and shown by an express statement or by an
which the Company is obligated to pay endorsement attached to th~s pohcy
Upon the exercise by the Company of th~s option, all I~abihty and 9 LIMITATION OF LIABILITY
obhgat~ons to the ~nsured under this pohcy other than to make the (a) If the Company estabhshes the t~tle or removes the alleged
payment reqmred shall terminate ~nclud~ng any hab~hty or obligation to defect hen or encumbrance or cures the lack of a right of access
defend prosecute or continue any htlgatlon and the pohcy shall be to or from the land all as insured or takes acbon ~n accordance
surrendered to the Company for cancellation w~th Section 3 or Section 6 m a reasonably d~hgent manner by
any method ~nclud~ng ht~gahon and the completion of any
(b) To Pay or Otherwise Settle W/th Part, es Other than the Insured or appeals therefrom ~t shall have fully performed Its obhgat~ons
W~th the Insured Claimant w~th respect to that matter and shall not be hable for any loss or
(~) to pay or otherwise settle w~th other part,es for or ~n the name damage caused thereby
of an ~nsured claimant any claim insured against under this (b) In the event of any hhgat~on ~ncludmg htlgahon by the Company
polmy together w~th any costs attorneys fees and expenses or w~th the Company s consent the Company shall have no
recurred by the insured claimant whmh were authonzed by habfllty for loss or damage until there has been a final determ~
the Company up to the time of payment and which the nat~on by a court of competent junsd~cbon and d~spos~t~on of all
Company ~s obhgated to pay or appeals therefrom adverse to the t~tie as ~nsured
(,) to pay or otherwise settle with the ~nsured claimant the loss (c) The Company shall not be hable for loss or damage to any
or damage provided for under th~s pohcy together with any insured for hablhty voluntanly assumed by the insured in setthng
costs attorneys fees and expenses recurred by the insured any claim or su~t without the pr~or wetten consent of the Company
claimant which were authorized by the Company up to the 10 REDUCTION OF INSURANCE REDUCTION OR TERMINATION OF
t~me of payment and which the Company ~s obhgated to pay LIABILITY
Upon the exercise by the Company of e~ther of the options provided All payments under th~s pohcy except payments made for costs
for in paragraphs (b) (0 er (~l) the Company s obhgat~ons to the insured attorneys fees and expenses shall reduce the amount of the ~nsur
under this pohcy for the claimed loss or damage other than the payments ance pro tanto
required to be made shell terminate including any hab~hty or obligation
to defend prosecute or eont~nue any litigation 11 LIABILITY NONCUMULATIVE
7 DETERMINATION~ EXTENT OF LIABILITY AND COINSURANCE It ~s expressly understood that the amount of ~nsurance under th~s
pohcy shall be reduced by any amount the Company may pay under any
Th~s pohcy ~s a contract of mdemmty against actual monetary loss or pohcy ~nsurmg a mortgage to which exception ~s taken in Schedule B or
damage sustained or ~ncbrred by the ~nsured claimant who has suffered to which the insured has agreed assumed or taken subject or which ~s
loss or damage by reason of matters insured against by this policy and hereafter executed by an ~nsured and whmh ~s a charge or hen on the
only to the extent here~nldescnbed estate or interest described or referred to ~n Schedule A and the amount
(a) The hab~hty of the Company under th~s pohcy shall not exceed so pa~d shallbedeemed apayment under th~s pohcy to the ~nsured owner
the least of 12 PAYMENT OF LOSS
(~) the Amount of Insurance stated ~n Schedule A (a) No payment shall be made w~thout producing th~s polmy for
I endorsement of the payment unless the pohcy has been lost or
0~) the d~fferen(~e between the value of the ~nsured estate or
interest as insured and the value of the insured estate or destroyed ~n which case proof of loss or destruction shall be
furnished to the sabsfachon of the Company
~nterest sub~)ct to the defect, I~en or encumbrance ~nsured
against by ~hls pohcy at the date the ~nsured claimant ~s (b) When hab~hty and the extent of loss or damage has been deft
required to furnish to Company a proof of loss or damage in rarely hxed ~n accordance w~th these Cond~bons and St~pulabons
accordance w~th Section 5 of these Conditions and Sbpula the loss or damage shall be payable w~th~n 30 days thereafter
hens continued on ren~ainder of cover sheet
CONDITIONS AND STIPULATIONS--CONTINUED
13 SUBROGATION UPON PAYMENT OR SETTLEMENT agreed to by both the Company and the Insured Arbitration pursuant to
(a) The Companys R~ght of Subrogation this pohcy and under the Rules m effect on the date the demand for
arbitration ~s made or at the option of the ~nsured, the Rules in effect at
Whenever the Company shall have settled and pard a claim under Date of Policy shall be binding upon the parties The award may ~nclude
this pohcy all nght of subrogabon shall vest ~n the Company unaffected attorneys fees only ~f the laws of the state ~n which the land ~s located
by any act of the insured claimant permit a court to award attorneys fees to a preva~hng party Judgment
The Company shall be subregated to and be enbtled to all nghts and upon the award rendered by the Arbitrator(s) may be entered in any court
remedies that the ~nsured claimant wou~d have had against any person having junsdlctlon thereof
or property in respect to the claim had this policy not been ~ssued If The law of the situs of the land shall apply to an arbltrebon under the
requested by the Company the ~nsured claimant shall transfer to the Title Insurance Arb~trabon Rules
Company all rights and remedies against any person or property neces A copy of the Rules may be obtained from the Company upon request
sary in order to perfect thru nght of subrogation The ~nsured clmmant 15 LIABILITY LIMITED TO THIS POLICY POLICY ENTIRE CONTRACT
shall permit the Company to sue compromise or settle In the name of
the insured claimant and to use the name of the Insured claimant in any (a) Thru pohcy together with all endorsements if any attached hereto
transaction or litigation Involving these rights or remedies by the Company ~s the entire policy and contract between the
insured and the Company In interpreting any provision of th~s
if a payment on account of a claim does not fully cover the loss of pohcy this policy shall be construed as a whole
the insured claimant the Company shall be subrogated to these nghts
and remedies m the proportion that the Company s payment bears to the (b) Any claim of loss or damage whether or not based on negligence
whole amount of the loss and which anses out of the status of the btle to the estate or
interest covered hereby or by any action asserting such claim
If loss should result from any act of the ~nsured claimant as stated shall be restncted to thru policy
above that act shall not void thru pohcy but the Company m that event
shall be required to pay only that part of any losses ~nsured agamsl by (c) NO amendment of or endorsement to this policy can be made
th~s pohcy that shall exceed the amount ~f any lost to the Company by except by a wntmg endorsed hereon or attached hereto s~gned
reason of the impairment by the insured claimant of the Company s right by either the Premdent a Vice President the Secretary, an
of subrogabon Assistant Secretary or vahdabng officer or authonzed signatory
of the Company
(b) The Companys Rights Against Non Insured Obligors
16 SEVERABILITY
The Company's nght of subregat~on against non Insured obhgors shall
exist and shall ~nclude wtthout hm~tabon the rights of the ~nsured to In the event any prowslon of the pohcy~s held ~nvalld or unenforceable
~ndemmtles, guaranbes other policies of insurance or bonds notw~th under apphcable law the pohcy shall be deemed not to include that
standing any terms or conddlons contained ~n those instruments that provision and all other provisions shall remain in full force and effect
previde for subrogation r~ghts by reason of th~s pohcy 17 NOTICES~ WHERE SENT
14 ARBITRATION All nobces required to be g~ven the Company and any statement ~n
writing required to be furmshed the Company shall include the number of
Unless prohibited by applicable law or unless th~s arbitration section thru pohcy and shall be addressed to the Company at its corporate
is deleted by speclhc provision m Schedule B of thru pohcy e~ther the headquarters, 6630 West Broad Street, Richmond V~rg~ma 23230 Mailing
company or the insured may demand arbitration pursuant to the T~tle address Post Ofhce Box 27567 R~chmond V~rg~ma 23261 Please
Arbitration Rules or the American Arbitration Association Arbitrable mat Include the number of this policy
tars may include but are not hm~ted to any controversy or claim between
the Company and the Insured arising out of or relabng to this policy any COMPLAINT NOTICE
service of the Company ~n connection w~th ~ts ~ssuance or the breach of Should any dispute anse about your premium or about a claim that
a pohcy provision or other obligation All arbitrable matters when the you have hied contact the agent or wnte to the Company that ~ssued the
Amount of Insurance ~s $1 000 000 or less SHALL BE arbitrated at the pohcy If the problem is not resolved, you also may wnte the Texas
request of either the Company or the Insured, unless the insured ~s an Department of Insurance, P O Box 149091, Austin TX 78714 9091, Fax
individual person (as dmhngulshed from a corporation, trust partnership No (512) 475 1771 This notice of complaint procedure is for mformat~on
association or other legal entity) All arbitrable matters when the Amount only and does not become a part or condlhon of this policy
of Insurance is in excess of the $1 000 000 shall be arbitrated only when
IN WITNESS WHEREOF the Company has caused thru pohcy to be s~gned and sealed to be val*d when Schedule A ~s countersigned by an authonzed
officer or agent of the Company all in accordance with ~ts By Laws
k r aoI. .co o poratton
Attest ~Secretary BY t~'-~ ~/ (~;~ president
90-00- 522755 CI 121 $*****88,642 00 $****904 00 1000
LAWYERS TITLE INSUP~%NCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF AMOUNT OF POLICY NUMBER
POLICY INSURANCE
1999 BC 540412-L (006)/lw 8/24/1999 1.18PM $*****88,642 00 90-00- 522755
SCHEDULE A
i Name of Insured.
CITY OF DENTON, a Texas munacipal corporataon
2 The estate or interest in the land that as covered by this policy as
FEE SIMPLE
3 Title to the estate or interest an the land as insured as vested an
CITY OF DENTON, a Texas municipal corporation
4 The land referred to in this policy is described as follows
See Exhibit A attached hereto and made a part hereof for all purposes
AMERICAN TITLE COMPANY
author=zea uoun~ersagna~ur
Texas Owner's Policy T-1 (Rev 1-1-93) Valid Only If Schedule 8
Schedule A And Cover Page Are Attached
AMERICAN TITLE COMPANY
6029 Beltllns Road, Suite 250
Dallas, TX 75240
RandyHopklns
Phone: 972/789-8418 Fax, 972/7899029
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
1999 BC 540412-L (006)/lw 8/24/1999 90-00- 522755
EXHIBIT A
TRACT I
BEING a tract of land for a 20 0 foot wide Right of Way dedIcation out of
Block 8~ LAKEVIEW RANCH. PHASE I ADDITION to the city of Denton per plat
recorded in Cabinet P, Page 363, Deed Records, DENTON County, Texas, sa~d
tract belng a 20 0 foot wide strip adjacent to the East Right of Way line
of Lakeview Blvd , (currently a 60 0 foot wide rlght of way) and belng more
particularly described by me=es and bounds as follows
BEGINNING at a 5/8 inch Huitt Zollars capped steel rod being the
intersecting point of said East Right of Way llne of Lakevlew Blvd and the
South Right of Way line of Stallion Street (a 60 0 foot wide right of way)
said BEGINNING POINT also being the Northwest corner of Lot 1, said Block
8,
THENCE North 70 degrees 33 minutes 03 seconds East along said South Right
of Way line of StaIlion Street, a distance of 20 04 feet to a point for
corner being an a curve to the left whose radius bears North 6~ degrees 47
minutes 44 seconds East 460 00 feet and whose chord bears South 32 degrees
12 minutes 40 seconds East a distance of 144 03 feet,
THENCE along a line parallel to and 20 00 feet Easterly from the East R~ght
of Way line of said Lakeview Blvd as follows
ALONG said curve to the left through a central angle of 18 degrees 00
minutes 49 seconds an arc length oz 144 62 feet to a point for corner,
SOUTH 41 degrees 13 minutes 04 seconds East, a distance of 519 05 feet to a
point for corner being the beginning of a curve to the right whose radius
Dears South 48 degrees 46 minutes 56 seconds West 540 00 feet and whose
chord bears South 35 degrees 13 minutes 19 seconds East a distance of
112 82 feet,
ALONG sa~d curve to the right through a central angle of 11 degrees 59
minutes 32 seconds and an arc length of 113 02 feet to a point for corner
on the North Right of Way line of Rodeo Dr~ve (a 60 0 foo% wide r~ght of
way);
THENCE South 63 degrees 57 minutes 32 seconds West along sa~d North Right
of Way, a distance of 20 03 feet to a 5/8 inch Huitt-Zollars capped steel
rod being on the East Right of Way line of sa~d Lakeview Blvd., and also
being the Southwest corner of Lot 21, said Block 8, and also belng in a
curve to the left whose radius bears South 60 degrees 39 m~nutes 06 seconds
West 520 00 feet and whose chord bears North 35 ~egrees 17 minutes 00
seconds West a distance of 107 53 feet,
THENCE along said East Right of Way line of Lakev~ew Blvd as follows
ALONG said curve to the left throug~ a central angle of 11 degrees 52
minutes 10 seconds, an arc length oz 107 72 feet to a point for corner;
NORTH 41 degrees 13 mlnutes 04 seconds West. a d~stance of 519 05 feet to a
( CONT ON EXN. A, PAGE 2 )
Texas Owner's Policy T-1 (Rev 1-1-93) Valid Only If Schedule A;B
Exhibit A- Page i And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
1999 BC 540412-L (006)/lw 8/24/1999 90-00- 522755
EXHIBIT A
~oint for corner being the beginning of a curve to the right whose radius
ears North 48 degrees 46 minutes 56 seconds East 480 00 feet and whose
chord bears North 32 degrees 07 minutes 58 seconds West a distance of
151.59 feet,
ALONG said curve to the right through a central angle of 18 degrees 10
minutes 13 seconds, an arc length of 152 22 feet to the POINT OF BEGINNING
and EMBBACING 15,556 square feet or 0 357 acre of land, more or less
TRACT II
BEING e tract of land for a 20 0 foot wide R~ght of Way dedication out of
Block 9, LAKEVIEW RANCH, PHASE I ADDITION to ~he C~ty of Denton per plat
recorded in cabinet P, Page 363, Deed Records, DENTON County. Texas, said
tract being a 20 0 foot wide strip adjacent to the East Right of Way l~ne
of Lakeview Blvd, (currently a 6D 0 foot wide right of way) and being more
particularly described by me%es and bounds as follows
BEGINNING at a 5/8 inch Huitt-Zollars capped steel rod being the
intersecting point of said East Right of Way line of Lakeview Elvd and the
South Right of Way line of Appaloosa Ct (a 60 0 foot wide right of way)
said BEGINNING POINT also being the Northwest corner of Lot 1 said Block 9,
THENCE North 58 degrees 55 mlnutes 04 seconds East along said South R~ght
of Way line of Appaloosa Ct , a distance of 20 O0 feet to a point for
corner;
THENCE along a line parallel to and 20 O0 feet Easterly from the East Right
of Way l~ne of sa~d Lakev~ew Blvd as follows
SOUTH 31 degrees 04 minutes 56 seconds East, a distance of 70 00 feet to a
point for corner being the beginning of a curve to the right whose radius
Dears South 58 degrees 55 minutes 04 seconds West 540 00 feet and whose
chord bears South 15 degrees 19 minutes 54 seconds East a distance of
293.16 feet,
ALONG said curve to the right through a central angle of 31 degrees 30
minutes 03 seconds, and an arc leng%h of 296 89 feet to a poinn,
SOUTH O0 degrees 25 mintues 08 seconds West, a distance of 1335 83 feet to
a point for corner being the beginning of a curve to the left whose radius
bears South 89 degrees 34 minutes 53 seconds East 860 00 feet and whose
chord bears South 07 degrees 52 minutes 14 seconds East a d~stance of
247 97 feet,
ALONG said curve to the left through a central angle of 16 degrees 34
minutes 42 seconds an arc length of 248 84 feet to a point for corner,
SOUTH 16 degrees 09 minutes 34 seconds East, a distance of 112 73 feet to
the beginning of a curve to the right whose radius bears South 73 degrees
50 minutes 28 seconds West 790.00 feet and whose chord bears South 06
( CONT ON EXH A, PAGE 3 )
Texas Owner's Policy T-1 (Rev 1-1-93) Valid Only If Schedule A;B
Exhibit A- Page 2 And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
1999 BC 540412-L (006)/lw 8/24/1999 90-00- 522755
EXHIBIT A
degrees 57 minutes 15 seconds East a distance of 252 76 feet,
ALONG said curve to the right through a central angle of 18 degrees 24
minutes 39 seconds, an arc length of 253 85 feet to a point for corner,
SOUTH 02 degrees 15 minutes 04 seconds West, a distance of 1777 93 feet to
a point for corner being the beginnlng of a curve to the left whose radius
bears South 87 degrees 44 minutes 56 seconds East 460 00 feet and whose
chord bears south 06 degrees 44 m~nutes 14 seconds East a d~stance of
143.74 feet,
ALONG said curve to the left through a central angle of 17 degrees 58
minutes 37 seconds, an arc length of 144 33 feet £o a point for corner on
the North Right of Way line of Stallion Street (a 60 0 foot wide right of
way),
THENCE South 70 deqrees 33 mlnutes 04 seconds West alonq sa~d North Right
of Way line, a distance of 20.04 feet to a 5/8 inch Hul~t-zollars capped
steel rod being on the East Right of Way line of said Lakeview Blvd and
also being the Southwest corner of Lot 18, said Block 9, and also being in
a curve to the right whose radius bears North 74 degrees 07 minutes 08
seconds East 480.00 feet and whose chord bears North 06 minutes 48 minutes
54 seconds West 151.27 feet,
THENCE along the East Right of Way line of Lakeview Blvd as follows
ALONG said curve to the right through a central angle of 18 degrees 07
minutes 56 seconds, an arc length of 151 90 feet to a point for corner,
NORTH 02 degrees 15 minutes 04 seconds East, a distance of 1777 93 feet to
a point for corner being the beginning of a curve to the left whose radius
bears North 87 degrees 44 minutes 56 seconds West 770 O0 feet and whose
chord bears North 06 degrees 57 minutes 15 seconds West a disatnce of
246 36 feet,
ALONG said curve to the left through a central angle of 18 degrees 24
minutes 39 seconds, an arc length of 247 42 feet to a point for corner,
NORTH 16 degrees 09 minutes 34 seconds West, a distance of 112 73 feet to a
point for corner being the beginning of a curve to the right whose radius
Dears North 73 degrees 50 m~nutes 26 seconds East 880 00 feet and whose
chord bears North 07 degrees 52 minutes 14 seconds West a distance of
253.74 feet,
ALONG said curve to the rigth through a central angle of 16 degrees 34
minutes 42 seconds, an arc length of 254 62 feet to a point for corner,
NORTH 00 degrees 25 minutes 08 seconds East, a distance of 1335 83 feet to
a point for corner being the beginning of a curve to the left whose radlus
bears North 89 degrees 34 minutes 53 seconds West 520 00 feet and whose
chord bears North 15 degrees 19 minutes 54 seconds West a distance of
282.31 feet,
ALONG said curve to the left through a central ngle of 31 degrees 30
( CONT ON EXH A, PAGE ~
Texas Owner's Policy T-1 (Rev 1-1-93) Valid Only If Schedule
Exhibit A- Page 3 And Cover Page Are Attacned
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
1999 BC 540412-L (006)/lw 8/24/1999 90-00- 522755
EXHIBIT A
minutes 03 seconds, an arc length of 285 89 feet to a poant for corner,
NORTH 31 degrees 04 minutes 56 seconds West, a distance of 70 00 feet to
the POINT OF BEGINNING and EMBRACING 84,763 square feet or 1 946 acres of
land, more or less
TRACT III
BEING a tract of land for a 20 0 foot wide Right of Way dedication out of
Block 13, LAKEVIEW RANCH, PHASE I ADDITION to the City of Denton per plat
recorded in Cablnet P, Page 363, Deed Records, DENTON County. Texas, saad
tract beang a 20 0 foot wide stri~ adjacent to the East Raght of Way lane
of Lakeview Blvd , (currently a 6u 0 foot wide right of way) and being more
particularly descrabed by metes and bounds as follows.
BEGINNING at a 5/8 inch Huatt Zollars caped steel rod being the
intersecting point of said East R~ght of Way line of Lakev~ew Blvd and the
North Right of Way line of Appaloosa Ct {a 60 0 foot wide right of way)!
said BEGINNING POINT also bexng the Southwest corner of Lot 2, said Bloc~
13,
THENCE along the East Right of Way l~ne of said Lakev~ew Blvd as follows
NORTH 31 degrees 04 minutes 56 seconds West, a dastance of 78 70 feet to a
~oant for corner being the beginnang of a curve to the raght whose radius
ears North 58 degrees 55 minutes 04 seconds East 930 00 feet and whose
chord bears North 15 degrees 19 minutes 54 seconds West a distance of
504 89 feet,
ALONG saad curve to the raght through a central angle of 31 degrees 30
minutes 04 seconds, and an arc length of 511 31 feet to a poin~ for corner,
NORTH 00 degrees 25 minutes 08 seconds East, a distance of 180 95 feet to a
5/8 inch Hu~tt-Zollars capped steel rod being the Northwest corner of Lot
1, said Block 13,
THENCE South 87 degrees 39 minutes 53 seconds East along the North line of
said Lot 1, a distance of 20 01 feet to a point for corner,
THENCE along e line parallel to and 20 00 feet Easterly from the East Raght
of Way lane of sa~d Lakev~ew Blvd , as follows
SOUTH 00 degrees 25 minutes 08 seconds West a d~stance of 180 28 feet to a
~o~nt for corner being the beginning of a curve to the left whose radaus
ears South 89 degrees 34 m~nutes 52 seconds East 910 00 feet and whose
chord bears South 15 degrees 19 minutes 54 seconds East a dastance of
494.04 feet,
ALONG said curve to the left through a central angle of 31 degrees 30
minutes 04 seconds, an arc length of 500 31 feet to a point for corner,
( CONT ON EXH A, PAGE 5 )
Texas Owner's Policy T-1 (Rev 1-1-93) Valid Only If Schedule A!B
Exhibit A- Page 4 And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
1999 BC 540412-L (006)/lw 8/24/1999 90-00- 522755
EXHIBIT A
SOUTHf031rdegrees 04 minutes 56 seconds East. a distance of 7870 feet to a
point corner on the North Right of Way line of said Appaloosa ct ,
THENCE South 58 degrees 55 minutes 04 seconds West along said North R~ght
of Way line. a distance of 20.00 feet to the POINT OF B~GINNING and
EMBRACING 15,302 square feet or 0351 acre of land, more or less
TRACT IV
Being Lot 67. Block 9 of LAKEVIEW RANCH( PHASE I, a9 Addition_to the_C%ty
of DENTON, DENTON County, Texas, according to the Plat tnereoz recoraea an
cabinet P, Page 363, Map Records, DENTON County, Texas
NOTE The Company is prohibited from ~nsuring the area or q~_antity of the
land described on Schedule A hereof Any sta=ement an such legal
description of the area or quantity of land is not a reDresentation that
such area or quantity is correct, but is made only for lnformation and/or
identification purposes and does not overr~de Item 2 of Schedule B hereof
Texas Owner's Policy T-1 (Rev 1-1-93) Valid Only If Schedule AdB
Exhibit A- Page 5 And Cover Page Are Attached
LAWYERS TITLE INSURANCE CORPORATION
OWNER POLICY OF
TITLE INSURANCE
CASE NUMBER DATE OF POLICY NUMBER
POLICY
1999 BC 540412-L (O06)/lw 8/24/1999 90-00- 522755
SCHEDULE B
This policy does not insure against loss or damage (and the Company will
not pay costs, attorney's fees or expenses) that ar%se by regson of %he terms
and conditions of the leases or easements ~nsured, ~f any, ShOWn in Schedule A
and the following matters
1 The following restrictive covenants of record itemized below (the company
must either insert specific recording data or delete th~s exceptaon)
ITEM i OF SCHEDULE B IS HEREBY DELETED IN ITS ENTIRETY
2 Any discrepancies, conflicts¢ or shortages an area or boundary lanes, or
any encroachments or protrusions, or any overlappang of improvements
3 Homestead or comraunity property or survivorship rights, if any, of any
spouse of any insured
4 Any titles or rights asserted by anyone, including, but not lamited to,
persons, the pubIic, corporations, government or other entities(
a to tidelands, or lands comprising the shores or beds of navagable or
perennial rivers and streams lakes, bays, gulfs or oceans, or
b %o lands beyond the line of the harbor or bulkhead lines as establashed
or changed by any government, or
c to filled-in lanas, or artificial islands, or
d to statutory water rights, includang raparaan r~ghts, or
e to the area extending from the lane of mean low ~ide to the line of
vegetation! or the r~ght of access to that area or easement along and
across that area
5 Standby fees, taxes and assessments by any taxang authoraty for the year
1999 and subsequent years, and subsequent taxes and assessments by any
taxing authority for prior years due to change in land usage or ownership
6 The following matters and all terms of the documents creating or offering
evidence of the matters (We must insert matters or delete this exception )
The following easement(s) and/or building lines, as shown on plat recorded
in Cabinet P, Page 363, Plat Records, DENTON County, Texas, to-wit
-As set forth thereon
AFFECTS ALL TRACTS
7 "Section 14 of the Conditaons and Stapulataons of thas policy as hereb~
deleted."
Texas Owner's Policy T-1 (Rev 1-1-93) Valid Only If Schedule A
Schedule B And Cover Page Are Attached
FILE STAMPED COPY
City of Denton
City Hall West
221 N Elm
Denton, Tex~ 76201
~PECIAL WARRANTY DEED
THE STA~ OF TE~S ~
~ ~OW ~L PERSONS BY THESE P~SENTS
CO~Y OF DENTON ~
THAT, L~ewew R~ch, L P, a Tex~ hm~ted p~ers~p (heremaRer refe~ed to
collec~vely ~ "~tor") for ~d ~n consideration of~e sum ofTen ~d No/100 Dollms ($10 00)
and other valuable consideration, ~e receipt ~d sufficiency of which consideration ~s hereby
ac~owledged, h~ G~TED, SOLD ~d CO~E~D ~d by these presents does G~T,
SELL ~d CO~Y ~to ~e C~ty of Denton, a Texas m~c~pal co~orat~on (hereinafter refe~ed
to as "~tee"), tho following descnb~ prope~ (~e "Prope~y"), to-w~t
~e reft p~p~ described on ~ a~ached hereto ~d made a p~ hereof
for all p~oses, together w~ all of ~e e~ements, nghts-of-way, pn~leges,
hbemes, hered~t~ents, stops ~d gores, streets, alleys, p~sages, ways, waters,
wator eo~es, n~ ~d appellees ~ereto belon~ng or appe~mmng, ~d all of
the estate, n~t, ~tle, interest, elm~ or d~ds whatsoever of ~tor there~n ~d
the s~eets ~d ways M3aeent ~eto, e~thor ~n law or ~n eqmty, subject, however, to
all hens, coven~ts, resmct~ons, e~em~ts, t~es, encmbr~ces or o~er maRers of
record
TO HAVE ~ TO HOLD ~e above descnbed Prope~y, together w~th ~y ~d all the
nghts ~d app~en~ees thereto ~n ~se belonging to Grater, unto the sa~d ~tee, ~ts
successom, legal ~resenta~ws ~d ~s~s FO~VER, ~d the Grater does hereby brad ~tself ~d
~ts legal r~senta~ves ~d suecesso~ to W~ ~ FO~VER DEFE~ all ~d smgulm
the sa~d Prope~ ~to the smd ~tee, ~ts successors, legal representatwes ~d ass~s, agmnst
eve~ person whomsoever law~lly clmm~ng or to claim ~e s~e or ~y p~ thereofi by, ~ou~
or under ~e ~tor, but not o~e~se
E~C~ED ~ of the ~ day of August, 1999
Lakeview Ranch, L P, a Texas lumted
partnership
By Lakewew Ranch G P, Inc,
a Texas corporation,
Gen.eral Partny-/~/ /~
Nicfiolas Rani~ondo-
President
SPECIAL WARRANTY DI/I~I)- Pasc 1
ACKNOWLEDGMENT
STATE OF PENNSYLVANIA )
couNTY
BEFORE ME, the undersigned authority, on this day personally appeared Nicholas
Raunondo, known to me to be the person whose name is subscribed to the foregoing Instrument,
and he acknowledged to me that he executed the same as the President of Lakewew Ranch G P,
Inc, as the general partner of Lakevlew Ranch, L P, for the purposes and consideration thereto
expressed
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /~-~day of August, 1999
[Notary Pubhc]
My Commlsslon Exptres
Nolaflal Seal
Heron stmorela~d ~oun~Y
SPECIAL WARRANTY DEED Page 2
LEGAL DF~qCRIPTION
SPECIAL WAP, RANTY DEED Page 3
BEING a tract of land for a 20 0 foot wide RLght of Way dedicatLon out cf
Block 8, LAKEVIEW RANCH, pHASE I ADDITION to the City of Denton per plat
recorded in Cabinet P, Page 363, Deed Records, DENTON County, Texas; said
tract being a 20 0 foo~ wide strip adjacent to the East Right of Way lxne
of Lakeview Elvd. v (currently a 60 0 foot wide r~ght of way) ~nd being more
particularly described by metes and bounds as follows~
EEGINN=N$ at a 6/8 inch Huitt Zollars capped steel rod being the
intersecting point of said East Right of Way lane of Lakeview Blvd and the
South Right of Way line of Stallion Street (a 60.0 foot wide right of way)
Said BEGINNING POINT also being the Northwest corner of Lot 1, said Block
8;
THENCE North 70 degrees ~3 minutes 03 seconds East along said South Right
of Way Line of stallion Street, a distance of 20 04 feet to a point for
corner being in & curve to the left whose radius bears North 66 degrees 47
minutes 44 seconds East 460.00 feet and whose chord bears South 32 degrees
12 minutes 40 seconds East a distance of 144 03 feet;
THENCE along a line parallel to and 20.00 feet Easterly from the East Right
of Way line of said Lakeview Blvd. as follows~
ALONG said curve to the left through a central angle of 18 degrees O0
minutes 49 seconds an arc length of 144 62 feet to a point for corner;
SOUTH 41 degrees 13 minutes 04 seconds East, a distance of 519.05 feet to a
point for corner being the beginning of a curve to the right whose radius
bears South 48 degrees 46 minutes 56 seconds West 540 00 feet and whose
chord bears South 35 degrees 13 minutes 19 seconds East a distance of
112 82 feet;
ALONG said curve to the right through a central angle of 11 degrees 59
m~nutes 32 seconds and an arc length of 113 02 feet to a point for corner
on the North Right of Way line of Rodeo Drive (a 60.0 foot wide right of
way),
THENCE south 63 degrees 67 minutes 32 seconds West along said North Right
of Way, e distance of 20.03 feet to a 6/8 inch Huitt-Zollare cap, ed steel
rod being on the East Right of Way line of said Lakeview Blvd., and also
being the Southwest corner of Lot 21, said Block 8, and alee being in a
curve to the left whose radius bears South 60 degrees 39 minutes 06 seconds
West 520 O0 feet and whose chord bears North 35 degrees 17 minutes O0
seconds West a distance of 107.53 feet;
THENCE along said East Right of Way line of Lakeview Blvd aa followe~
ALONG said curve to the left through a central angle of 11 degrees 52
151.59 feet,
AIr'N0 sm~d curve to the right through a central angle of 18 degrees !0
minutes 13 seconder an arc length of 152 22 feet to the Point OF BEGINNING
and EMBRACING 18,~56 s~uare feet or 0.35? acre of lend, more or leas.
BEING e tract of land foe e 20.0 foot wlds Right of Way dedication out of
Block 5, LAKEVIEW RANCH, PHASE I ADDITION to the City of Denton per plat
recorded in Cabinet P~ Page 3~3, De~ Records, DENTON County, Texas; said
tract being a 20.0 foot wide strip ad)scent to the East Right of Way l~ne
of Lakevi~ Blvd., (cu=re~tly a 60.0 foot wide right of way) and ~ more
partioula~[y described by ~tss ~d bounds ms ~oll~s~
BKGINN~ at a 5/8 inch Huitt-ZoLlars capped steel rod being the
lnter~ecting ~int o~ said Ea~ R[~h~ ~ Way line of Lakeview Blvd.
sou~h Right of Way line CE a~al~sa ~ (a 60 0 f~ w~de r~ght of
said BE~INNIN~ pOINT also ~ing the Northwest co,er of Lot 1 said Block 9;
~ North 58 degree 5~ mi~ute~ 04 seconds Eas~ along s~d South Right
of Way line of A~al~sa o~.~ a d~t~cm of 20.00 fee~ to a ~int for
~NO~ along a line ~rallel ~o ~ 20 00 feet Basterly fr~ the ~S~ RLgh~
of Way line of said Lakeview Blvd. as
SOUTH 31 degrees 04 minutes ~ s~onds East, a dLsta~e of 70 00 feet to a
~lnt for corner ~ng ~he ~ning of a ou~e to the right w~se
beefs S~th S8 degrees S5 minutes 04 seconds West 540.00 feet ~d whose
chord ~ars 8outh 1~ de~e 19 minutes ~4 ~econds East a d~st~o~ of
293.~ feet;
A~NG said curve to t~ righ~ through a cen~al angle of 31 d~rees
minutes 0~ seconds, ~ an arc lsn~h of 295.89 feet to a ~lnt;
SOUTH 00 d~zees 25 m~tues 08 seconds west, a dl~ance of 1335 83 f~ to
be~a ~uth 89 degrees 34 ~lnutea 53 seconds ~ast 860.00 feet a~
chord be~s South 07 de~s ~2 m~u=eS 14 seconds East a dis~
247.97 feet;
~ON~ said cu~e to the lef~ ~rough a central ~gle of 1~ d~ 34
minutes 42 seconds an ~c length of 248.84 feet to a point for corner;
SO~H 1~ de~s 09 ~nute$ 34 seconds East, a distance of 112 73 feet to
the beginning of ~ ~r~ to the right whose radi~s be~s Sou~ 7~ dm~r~s
50 minutes 26 s~on~ ~st Tg0.00 f~t ~d whose chord bears Sou~
de~=~s 57 minutes 15 secon~ Eas~ a dista~e of 252.76 feet~
~NG said curve to ~he right t~ou~B a ue~tral an~le of 18 de~ 24
( Continued )
SOUTH 02 degrees 15 m~nuteS 04 seconds We;t, a distance of 1777 93 feet to
a ~o£nt for corner being the begLnn£ng of a curve to the left whose radius
bede South 87 degrees 44 minutes ~6 seconds East 460 00 feet and whose
chord bears south 86 degrees 44 minutes 14 seconds East a d~stance of
143.74 feet;
ALONG said curve to the left through a central angle of 17 degrees 58
minutes 37 seconds, an arc length of 144.33 feet to a po~n~ for corner on
the North eight of Way line of Stallion Street (a 60 0 foot wide right of
wsy)~
T~OB South 70 degrees 33 minutes 04 seconds West along said Eor~h l~tght
Of Way liner s d£etance of 20.04 fee~ to a 5/8 ~n~h Nuitt-5ollars capped
steel rod being on the East Night of Way line of said Lakev~ew Blvd. and
also being the Southwest corner of Lot 18, na~d Block 9, sad also being in
· Curve to the right whose radius bears North 74 degrees 07 minutes 08
seconds Bast 480.00 feet and whose chord baarn North 06 minutes 48 m~nutee
94 seconds West 161.27 feet;
TH~NC~ along the East RLght of Way line of LakevLew Blvd aa follows:
ALONG said Curve to the right through s central angle of 18 degrees 07
minutes 56 seconds, an are length of 151 90 feet to a point for oor~er;
NORTH 02 degrees 15 minutes 04 seconds Ea~t~ · dis~anoe of 1777.93 feet to
a point for Co~ner being th~ beginn~g of s curve to ~he left whose radius
bears North S7 degrees 44 minutes 56 seconds West 770 O0 feet ~nd whose
chord bears North 06 degrees 57 m£nutee 15 seconds West a dLsatnoe cf
246 ~S feet;
ALONG said curve to the left through a central angle of 18 degrees 24
mhlutes 39 seconds, an arc length of 247.42 feet to a point for corner;
NO~TH 16 degrees 09 minutes ~4 eeoor~ds West~ a distance of 112 73 feet to a
point for corner being the begi~ing of a ocr va to the rLght whose radius
bears North 73 degrees 50 ~nutes 26 ~e~onds East 880 O0 feet and whose
chord bears North 07 degrees 52 minu~es 14 s~o~s West a distance of
253.74 f~t~
ALONG said curve to the rlgth through s central angle of 16 degrees 3~
minutes 42 seconds, mn arc length of 254 62 feet to a point for corner;
WORTH 00 degrees 25 minutes 08 seconds East, a distance of 133~.83 feet to
& point for corner being the beginning of a curve to the left whose radius
he,rs North 89 degrees 34 ~utes 53 seconds West 920.00 feet and whose
chord bears North 15 degrees 19 minutes 54 seconds West a distance of
2S~.31 feet;
ALONG said curve to the left through a central angle of 31 degrees 30
minutes 03 seconds, an arc length of 285 89 feet to e point for corner;
NORTH 31 degrees 04 minutes 5~ seconds West, a distance of 70.00 feet to
the pOiNT OF BEGINNIN~ and KMBRAOIN~ 84,763 square feet or 1.946 acres of
land, more or less
( Continued )
TRACT
BEING a tract of land for a 20 0 foot wide Right of Wsy dedication out of
Block 13, LAKEVIRI~ RANCH, I~4ASR I ADDITION ~o ~he city of Denton ~r plat
recorded in ~i~et P, Page 36~, Deed ~ecor~s, D~ ~u~ty, Texas;
tra~ bein~ a 20.0 ~oot wide strip adjacent to ~e East ~ght of Way
of Lakeview Blvd., (currently a 60.0 fcc= wide risht of way) ~d ~ing
lnterse0tl~ ~lnt of s~id East Right of Way line of Lakevl~ Blvd. and the
North R~ght of Way line of Appaloosa ct (a S0.0 f~ wide right of way),
said ~I~ING POINT also ~/ng the Southwest ~er u~ Lot 2, ~aid Bl~k
13;
THENCE along the ~ast ~ght of Way line of said Lakevi~ Blvd. am follows~
NOR~ 31 d~r~s 04 minutes 56 seconds We~t. a diet.ce of 78 70 feet
~int for ocher being the begin~ng of a c~ to the right whose radius
bears North 58 degrees 55 minutes 04 seconds East 930.00 ~eet and whose
chord ~mrs NO~h ~5 degrees 19 minutes 54 se~nds West a diet.ce of
504.89
~N~ said o~e to the right through a os~tra~ ~g~e of 31 d~=~e 30
minutes 04 me.nde, ~nd an arc l~h of 511.~1 f~ to a point for corner,
EOR~ 00 de~s 25 mxnutes 08 ~econds East. a die.ce of 180 95 feet to
5/8 ~oh Huit%-Sollare caped steel rod being the Not.west corn~ of Lot
1, said Block 135
T~N~E South 87 degrees 39 minutes 53 seconds East along the Nort~ ~Lne of
sai~ ~ 1~ m dilate of 20.01 feet to m ~ln~ for
of Way line of said Lmkeview Blvd., as foll~
SOUTH 00 degree 25 ~nutss 08 s~onds Wes~ a ~st~ of ~80 28 feet to a
~lnt ~or corer being the beginni~ of m ou~ ~ ~e left whos~ ra~us
be~ ~uth 89 degzees 34 minu=es ~2 secon~ ~mt ~0 O0 feet and whose
~ said cu~e to the left t~gh · central ~le of 31 de~s 3o
minutes 04 seconds, an arc leith of 500.~1 fee~ ~o a point for corner;
SOUTH 31 degrees 04 minutes 56 s~nds ~ast, a dl~ce of 78 70 fe~ to a
~in~ fo= co=net on the North Right of Way line of said A~aloosa ct.~
~ South S8 degas 55 minutes 04 seconds West along said North RLght
of Wa~ li~ a diet.ce of 20.00 fe~t to t~ ~I~ OF BEGINNING and
EH~CI~ 15~302 e~a~ fee~ or 0 351 acre of l~d, ~re or
Continued
T I~.CT ~'V~
Being Lo~ 67e Blook 9 of L~KEVIEW RANCH, pHASE I, ~ Addition to the
of DE~ON, DE~ County, Texa~ ~oco~di~g to ~he PLat thereof reaorded
6029 Belthne Road, Suite 250
q~Jas, TX 75240
Filed fo~ Record ih:
DENTON COUNTY. TX
CYNTHIA HITCHELI, COUNTY
CLERK
O~ Au~.84 1999 At [. 18pm
~oc/Num : 99-R08 ~t~.~
Record ~ nq: l
Deputy - ~HFLLEY
INSURING AROUND LETTER
Date Au~cyust 10. 1999
To Cl_ty of Denton. Texas
Re GF# 99 BC 540412-L (06]
Property Description See Exhibit "A" at~ached hereto and made a part hereof for all pur~_ oses.
Dear Proposed Insured
In connection with the captioned filed, you are hereby noUfied of the following item(s)
~?[ech~me's Lien by Affidavit executed by l ~nd Advisors. Inc. s_oamst Dieter Schwarz. reputed
f)wner~ m the amount of $541.~67.00. filed February/11. 1998. recorded m Volume ~tO28. Pa~e
878. Mecb~mc's Lien Records. Denton Count,_. Texas
In connection therewith, one or more of th~ following has occurred Funds have been escrowed
to assure the ultunate settlement of the above mentioned item(s), the company has previously
issued a policy without tahng excepUon to the item(s), or an mdemm~y has been delivered to and
aocep~i by the title insurance company
It ~s understood and agreed that the aforesaid Mechamc's and Matenalman's Lien wall not be an
exception m the title policy mued to you m connecUon with the capUoned filed, and noUce of the
Mechamc's and Matenalman's Lien is given to you pursuant to Rule P-11, "Insuring Around",
as set for m Secuon IV of the BASIC MANUAL OF RULES, RATES AND FORMS FOR THE
WRITING OF TITLE INSURANCE IN THE STATE OF TEXAS
Please affix your signature m the space provided for same below to indicate both your receipt of
tlus noUficauon and your consent to accept your title policy in accordance with the foregoing
Very truly yours,
Lmda Williams, Escrow Officer
ACCEPTED AND AGREED
CITY OF DENTON, TEXAS
;%l~E R I CAN TITLE COMPANY
CLOSING STATEMENTS HEADER
DATE= Au~st 20f 1999 GF NO= 540412--L 0
SALE FROM~ L~VIEW ~ L.P. ~ CI~ OF DEaN
pROPERTY: 20 POOT RIGHT OFWAY IN LAKEVI~WRAN~H CITY OF DENTONr
PURCHASE PRI~E ................................................... $88,642.00
Prorations:
Rant proration ........... from 00/00/0000 ...through 00/00/0000
Charge: Amount: $.00 Days In Per£od:
Tax proration ............ from 01/01/1999 ...through 08/20/1999 $ 179.24
Charge: S Amount: $281.99 Days In Period: 365
from 00/00/0000 through 00/00/0000 $
Charge: ~mount= $.00 Days In Period=
from 00/00/0000 through 00/00/0000
Charge= ~mount= $.00 Days In Period:
Security Deposit
;~,~IE R I CAN TITLE COMPANY
PURCHASER ' S STATEMENT
DATE August 20~ 1999 GF NO 540412-L
SALE FROM LAKEVIEW RANCH~ L P. TO CITY OF DENTON
PROPERTY. 20 FOOT RIGHT OF WAY IN LAKEVIEW RANCH CITY OF DENTON~
TEXAS
PURCHASE PRICE .................................. $ 88~642 00
PLUS~ CI~,.RGES
Filing Feea TO County Clerk
WD DT 10 50 UCC
Others $. 10 50
Loan Charges & Fees TO
Orig Fee Credit Rpt
Amort Sch Photos
Appr Fee Loan Fee
Loan Transfer or Assumption Fee $
Fees To Title Co. AMERICAN TITLE
Title Policy-Owner Mortgagee
Binder Escrow 250 O0
Survey Amendment Fed Ex
Additional Chains Cour Fees
Endorsements
$. 250 00
Tax Certs~ 30,00 $ 30.00
Survey Fee TO~ $
Attorneys Fees~ $.
$
Hazard Ins Prem To
Tax/Ins Escrow W~th
# Months Amt Per Mth Total
Tax Deposit
Hazard Insurance
Mortgage Insurance
Other
ORDINANCE NO ~
CONSDER AN ORDINANCE AMENDING ORDINANCE NO 98-182 RELATING TO THE
PURCHASE OF RIGHT-OF-WAY AND CONSTRUCTION OF PUBLIC IMPROVEMENTS IN
LAKEVIEW RANCH TO SUBSTITUTE REVISED EXHIBITS "A" THROUGH "E" IN LIEU
OF EXHIBITS "A" THROUGH "C" AND ADDING AN EXHIBIT "F" TO PROVIDE FOR
REIMBURSEMENT OF THE COSTS OF CONDEMNATION FOR 1 83 ACRES OF LAND
LOCATED IN THE M FORREST SURVEY, ABSTRACT NO 417 AUTHORIZED BY
ORDINANCE NO 98-082, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the Agreement attached to Ordinance No 98-182, in wluch the City of
Denton and Dieter Schwarz, through its Attorney-m-Fact, NR & RJ Properties, L P and
Terra/Baan, Inc are parties, relating to the purchase of right-of-way and construction of public
improvements in Lakevlew Ranch, is hereby amended by substituting revised Exlublts A through
C and adding an Exlublt F to provide for reimbursement of the costs of condemnation for 1 83
acres of land located in the M Forrest Survey, Abstract No 417, authorized by Ordinance No
98-082
~ That fins ordinance shall become effective immediately upon its passage
and approval
PASSED AND APPROVED this the ~/L~ dayof ~--'~ ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
AS O
AGREEMENT
AGREEMENT dated (~L/.~ tic , 1998 between the City of Denton ("City") and
Dieter Schwarz by and througl~NR(& RJ Properties, L P, his attorney in fact ("Owner")
WITNESSETH
WHEREAS, Dieter Schwarz ("Owner") is the owner of certain land in Denton County,
Texas, which is being developed ("Project") into residential lots and related amenities (to be
known as LAKEVIEW RANCH), and
WHEREAS, Terra/Barn, Inc, a Texas corporation ("Manager"), has been engaged by
Owner to develop and market the Project, and
WHEREAS, the Project will benefit the City, and the City and Owner reached certain
agreements regarding assistance the City will provide in connection with development of the
Projeet,
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the partaes agree as follows
1 The City and Owner shall enter a written participation agreement for the
overslzmg of the Project's water and sewer mmns larger than 10 anches in diameter The
agreement shall follow the form typically used by the City
2 The City and Owner shall enter a written pro rata agreement for the collection of
charges paad by persons connecting to or making use of such facility to serve their
property m accordance wath the provisions of the agreement The agreement shall follow
the form typically used by the City
3 The City will make monthly payments for its share of the oversaze facihtaes
Manager shall subrmt monthly pay requests on forms provided by the City Manager's
Engineer shall verify that the pay request is correct The request, along with the
Engineers verification, will be submitted to the Enganeermg & Transportation
Depatimant The City will retain 10% of the total dollar amount until the Project is
accepted
4 The Owner or tus authorized Agent shall dedicate a sixty (60) foot wide ("Spine
Road") right-of-way through the entire Project The Spine Road alignment shall extend
across the "adJacent" property north from the Project and connect to U S 380 as
described by metes and bounds on Exhibit "A" - Page 1 and illustrated on Exhibit "A" -
Page 2 The Owner shall negotiate an eighty (80) foot wade right-of-way across the
adjacent property and cause to be dedicated (on the dedication document form provided
by City) smd right-of-way free and clear of any and all liens, debts, taxes, or other
encumbrances effeetIng title of the tract being dedicated In the event Owner is unable to
negotiate the purchase of sald right-of-way, the City will pursue condemnation of the
right-of-way identified in Ordinance No 98-082 per the obligations of the Owner and
City identified in Exhibit F which is attached hereto and made a part hereof for all
purposes The proposed Spine Road alignment from the "adjacent" property north from
the Project through Phase I of the ProJect and including the alignment from south end of
Phase I to Mill Street, shown on the plat attached as Exhibit "B" hereto Exhibit "C"
attached is the description of the proposed 20' right-of-way to be pumhased by city out of
Phase I and Exhibit "D" attached is the description of the proposed 80' right-of-way from
the south end of Phase I to Mill Street The exact Spine Road alignment through
subsequent phases of the Project shall be determined at the time the preliminary plat or
plats describing such additional phases are approved by the City, provided, however, that
the City shall be entitled to an additional twenty (20') feet wide strip of land along and
adjacent to the eastern boundary of such Spine Road as a reserved right-of-way
5 The survey for the rights-of-way shall be prepared by a duly licensed Texas Land
Surveyor and at the direction and cost of the Owner, his Agents or Managers Specific
Field Note Descriptions shall be prepared by said surveyor and reviewed by all parties
prior to closing
6 The City and Owner shall enter a Real Estate contract, (attached as Exhibit "E")
within ten (10) days from the date the approved plat of the first phase is filed for record
with the Denton County Clerks Office The contract will be for the City to purchase Lot
67, Block 9, per preliminary plat referenced in paragraph 7 below and the right-of-way
reserve wittun the ProJect The purchase price for said Lot 67 shall be $30,000 00 The
purchase price for the right-of-way reserve shall be $10 per lineal foot This price shall
be for the phases being final platted now, as well as for all future phases until the entire
ProJect ~s complete This amount shall be fixed and deemed as adequate consideration in
the event of Spine Road reahgnment Initially the City wall purchase 6,626 lineal foot of
right-of-way reserve It shall begin at the north line of the ProJect and run south of
Cooper Creek at Tnmty Road The City shall dehver one fully executed copy of the
contract to the title company of the City's choice Upon the final platting of future
phases, the Owner or its assigns shall sell said twenty (20') feet right-of-way reserve to
the City of Denton for each phase prior to final acceptance of public improvement for
that phase
7 The City agrees to construct a lffi station on Lot 67, Block 9 The hf~ station will
have sufficlant capacity to serve all of the Lakevlew Ranch Development (Rancho del
Lago) as it was la~d out m the prehmmary plat approved April 23, 1997
8 The Owner hereby agrees to fully remove and dispose of the existing bridge and
drainage structure that lies w~tlun that section of Tnmty Road wlttun the boundaries of
smd Lot 67, Block 9 The timing of this removal and disposal shall coincide with the
future development phase south of and adjacent to Lot 67, Block 9 and the related
abandonment and closure of Tnmty Road
9 The Owner and Manager hereby agree that the City of Denton Electric Utilities
shall be the sole pmwder of electric service within the boundaries of the ProJect
Page 2
10 Thts agreement may not be asstgned wtthout the express written consent of
Owner and Ctty
11 This agreement shall be construed under and tn accordance wtth the laws of the
State of Texas, and all obhgattons of the parUes created hereunder are performable tn
Denton County, Texas
12 Th~s agreement constttutes the sole and only agreement of the parttes and
supersedes any prior understandings or written or oral agreements between the parttes
respecting the w~th~n subject matter
13 This agreement shall be filed tn the Deed of Records of Denton County and shall
consutute a covenant running wtth the land
EXECUTED th~s ~.~x day of~.~.~, 1998
CITY OF DENTON, TEXAS
TED BENAVIDES, CITY MANAGER
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
OWNER DIETER SCHWARZ
By NR & PO' Properties, L P, h~s
attorney-tn-fact
By NR & RI Propemes G P, Inc
tts sole general partner
Q<IIdI~OLAS RAIMdN~DOi pREffIDENT
Page 3
MANAGER
A TEXAS CORPORATION
STATE OF TEXAS §
COUNTY OF DENTON § /]
' 'd d before me on the d~, da of // ' '*~
Thru tnstrument was actmowie ge ~ y ~,
19 q~ , by Ted Benawdes, C~ty M~ager of the Cay of Denton, a mummp~[ c~oraUon, on
behalf of smd co~orat~on ~ ~
~ ['k ~ ]2 ~Comm~ ~ Not~ Pubhc, State of~xas - -
STATE OF TE~S ~
CO~TY OF DENTON ~
before me on the ~ day of ~q~
T~s ln~ment was ac~owledged ~
19~q ,by { ~[ ~ ,ofTe~Bmn, Inc,aTexasCo~oratmn
~ ~n~ ~'~ ] Not~ Pubhc, State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
TMs instrument was acknowledged before me on the :~CS~ay of ~ ~c.'I ,
19 t] ~ , by Nmholas Ra~mondo, President ofNR & ILl Properties, G P, Ine
Notary Pul~ll~ - -
State of Texm Notary Public, State of Texas
Page 4
07/02/98 12 05 lAX8172516645 T[RRA COHI'ANII% ~0§
EXHIBIT "A" - PAGE 1
80' ROW PROPERTY DESCRIPTION
Being a ~act or p~c~l of l~d s~t~ m ~e M Forest Su~, Abs~acted n~ber 417, D~ton
Co~, T~ S~d ~t or p~ b~ng apo~on of~ c~n "Tract 3", a 59 996 ~re ~act
d~ ~ R~ J Hoyl m F~t ~t~ B~ by d~ r~rd~ m Vol~e 2936, P~e 631,
D~ R~o~, Denton Co~, T~ ~d ~ being a ~mon of ~t 6, Block A of
m~vismn of ~d M Fo~ S~ m r~rd~ m Vol~ 50, P~o 236 of md D~ R~r~
~d ~ or p~l ~g mom ~o~ly do~b~ by m~s ~d ~ds m follo~
COM~CINO ~ a ~" a~ rod fo~d for ~e No~we~ ~m~ of ~d F~ O~b~t~ B~
W~t ~d ~m ~ ~ N~hw~ ~m~ of ~ c~ ~t d~ m ~ph T Bullmd m
Volta, 1521, P~e 948 of~d D~ R~, ~e ~m b~g on ~o mu~ n~t~f-way line of
U S ~w~ 380,
~NCE N~ 81029'04" E~h 183 18' m a mn~o T~OT ROW fo~d on ~d South
of-w~ I~e ~d ~ No~ ~ of~a F~ O~b~t~ B~ ~ for a ~mt of mt~on,
THENCE No~ 87'07'46'' E~ 100 ~5' to a ~" ~ron r~ set wi& c~ on ~d Sou& n~t-of-way
lm~ ~d &* No~ line of md F~ ~b~ B~ ~ for
~CE No~ 81~33'32" ~ 31 61'to a ~" ~on ~ ~ w~ ~ on ~d Sou~ n~tmf-w~
line m ~o No~ hn~ of~d F~ Ob~ B~ U~ for &* PO~ OF BEG~O,
~NCE No~ 81033'32~ ~ 80 ~' to a %" uon r~ ~t w~ ~ on ~d Sou~ n~t~f-way
~ ~na ~ No~ ~* of~d Fm Oib~t~r B*-~ ~ for mmv,
~NCE So~ 08~45'20~ ~ ~5 67' m a ~A~ non md ~ ~ ~ for a ~mt of c~amm,
~NCE ~on$ ~e ~c of a c~ to &~ n~ having a r~m of 1240 00', a ~ ~o of
09008'27", a ~8~t of ~ 13', ~d a ~ I~ of 197 83' m a ~" ~ rod ~ ~ c~ for a
point
~NCE So~ 00~'~~ W~ l0 78' m a %" ~n ~ ~ ~th ~ for mmv, ~d ~on r~
~m ~8 on &e So~ lmz of ~d F~ ~ B~ ~t md &e N~ lm~ of ~ ~m
Traa 1, r~ m Co~W CI~ ~ No ~45817, of~d D~ ~rds,
~N~ No~ 87039'~3~ W~ 80 ~' m a ~ ~n r~ ~t for com~ ~ &e Sou& ~ of smd
~NCE N~ 00~5'09' ~ 8 10' m a %~ ~ ~ ~ ~ ~ for a point of ~e,
T~NCE ~ ~ ~o of a ~e to ~o le~ ham8 a r~ of 1160 00', a c~ ~z of
09~08'27", a ~t of 92 73', ~d a ~ ~8~ of 185 OTto a %" non md s~ ~ ~ for a
pom~ offs,
~CE No~ 08043'20" W~h 7~ 06' m ~ ~T OF BEO~G ~d CO~G
79,740 ~ f~ or 1 8~ m of~ ~ m~ or Io~ ~ ~ ~s ~d
07/02/q8 12 05 FAX 8[72516645 IErRA C¢)~PANI[S [~07
EXHIBIT "A" - PAGE 2
~ ~ c SCALE
OEO I ~AT t ON
~XH IBIT ' A' - PAGE
80' R.O.W.~OEOICATION
LAKEVI EW BOULEVARD
M, FORREST SURVEY, ABST. NO. 417
CITY OF DENTON
DENTON COUNTY, TEXAS
EXHIBIT 'B'
BLAGG ROAD
L~mds of Phase I Fmol PIol
(ZO ROW Reserve by Separofe Document)
80 ROW Ded,cohon
(60 * 20 ROW Reserve Purchose)
Lot 67 Block 9, Phose I
MILLS ROAD
Future Spree Rood
wdhm fhe hm~ts
of the Prolect
>..
07/02/98 12 05 FAX 8t725t6645 I,SRRA COMP&NILS ~03
r,q"¢ tl B8 05 5~PM PUST LICHLITE~/~AI'IE~JI4
EXHIBIT "C' PAGE 1
PROPOS~ ~' ROW D~ICA~ON OF LA~W D~
AS SHOWN ON L~ ~N~ P~ASE I ~AL PLAT
Be*ng a ~ct or p~cel of l~d ~lmated m the Mo~au Po~est Su~ey Abs~ Number 417
Denton,County, Texas, ~atd tract or p~el ~mg a pomon of ~a ceitmn 30 199 ~re '~ract i a
pomon or.at c~m 53 97~ ~m "Tract 3" ~ potuon of~at c~ 131 353 ~re 'Tract 7', ~d
a ~mon of~at certain 2a2 d22 ~r~ ~racl, ~1 described to D~eter Schw~ ~e m Coun~
Clerk s Do~m~t Number ~-~5817, Deed Reco~s ~nt~ County, Texas ~d ~so ~mg a
pomon of that c~am 28 68 acre ~t ~so d~scrlbefl to D~eter Schwa, ~c m C0u~iy Clerk's
Document Numar 93~0~3~ of smd ~ed R~cords, ~d being mom p~c~ly described by
metes aha bounds as follows
GOinG at th~ ~or~west comer of smd "Tra~ 7", s~e bem~ on ~o south hue of that
cenaa ~t des~d to R B M ~d Co Ltd by do~ment ~cord~ m Vol~ 1783, Page
780 of smd ~d Records, ~d ~so brant ~e no~east comer of ~ ccnmn tract descnb~ to
lohn Pow~ W~r by doc~t r~corded m County Clerk's Numar ~3-~34125 of sad Deed
T~CE Sou~ 87°39'~3' E~I. 599 99 feet on the north hne of smd '~r~t 7", s~e being
sou~ ~e of smd R B M L~d Co Ltd ~act to the PO~T OF
T~NCE Sou~ 87'~9'53" E~L ~0 01 feet, coning on smd co--on hne to a ~lnt for
~CE Sou~ ~"25'08" West, 180 28 feet to th~ ~glanl~g of a c~e to t~ le~,
~ENCE 5~ ~ I f~ ~on8 smd c~e to ~e le~, hawn~ a ~us of 910 ~ fect, a ~n~
of 31 ~30'03", ~d a ch~d b~g ~d dist~ o~ Sou~ If ~ 19'54' Earl 494 ~ f~t
~gency,
~ Sou~ 31 e~'56"~t, 208 T0 f~t to t~ b:~nnmg of a c~c to the
T~N~ 296 89 f~t aon~ smd c~e to ~e n~t, having a r~us of 540 00 feet, a
cf 31'30'03'', ~d acho~ berg ~d dis~ce of Sou~ 15'19'54 E~L 293 16 feet to a point of
t~ency,
T~ Sou~ 00e25~8" W~t, 1335 83 f~t w ~ be~--,ng of a c~e to ~e le~,
T~N~ 248 84 f~t ~on$ s~d c~ve ~o t~ left, having a r~ of g60 ~ feel a cen~ ~gle
of 16~3~'~1'', ~d a c~ be~ ~d ~st~ce of Sou~ 07"52'1~'' ~st, 2~T 97 fcct to a point of
t~gcncy.
~ South 16"~34' ~t, 112 T~ f~ to the ~nnmg of a ~e to ~e nsht,
T~ 253 85 f~t ~on8 smd c~e to ~e nsht, having a r~ius of7~ ~ f~t, a cen~E
07/02/98 12 05 lAX 8,172516645 IERRA COMPANIFS 1~]04
EXHIBIT "C" PAGE 2
of 1 $ = 2498 ", and a chord bcamng and d~stanc,: of SouTh 06 o 57'15 B~t, 252 76 fee~ ~o
T~CB South 02° 15~" Wcs~ 1777 93 fee~ W a ~e be~nnm{ of a ~c ~o ~c
T~N~ 348 99 ~ong s~d cu~ to ~e left, having a radius of 4~ ~ feet, a c~n~ ~glc of
43 '28D~" ~d a chord being ~d dmt~ of Sou~ 19029~" ~i, 340 68 f~t to a pom~ of
t~gen~,
T~ Sou~ 41 o 13~" ~t, 519 05 fcct ~o thc bc~g of a c~: to thc right,
~ 317 47 f~ ~ong s~d c~e to the right, ~vmg a radius of ~40 00 f~t, a cen~
of 33"~1~5", ~d a ch~ b~E ~d ~ce of Sou~ ~022~2" ~, 312 92 feet w
fO~ ~Om~,
T~NC~ Sou~h 82"3~'45'' w~, 20 ~ f~: w a point for
~ 305 67 f~z ~on~ ~he a c~e ~o ~he 1~, havm~ a r~ms of 52~, a c~ ~gle of
33 ~40'47'', ~d a ~h~ b~g ~d ~s~ce of No~h 24"22'41' West 301 29 f~t to a pom~ of
T~ No~ 41 "13~" West, 519 05 feet to ~e ~nmt of a cu~e to ~e
~N~ 364 17 fe~z ~on~ ~d c~e w ~ n~, ~vin~ a f~u~ of~0 ~ f~, a cen~ ~le
of 43 "28 98" ~ a ~ho~ ~g ~d ~c~ of No~ 19 °29~" West, 355 49 f~t w a ~m~ of
~CB 247 42 leal ~E smd c~ Io ~z le~, hawn~ a radius of 770 ~ f~[, a ~n~
of 18 '24~", ~d a ~hord be~ ~d ~a~e of N~ 06~5755'' Wes~ 246 36 f~ w a p~m~
of t~g~cy,
T~ NO~ 160~4'' W~st, 11~ 73 f~ ~ ~ ~nnmg of a c~e ~ ~
T~ 254 62 fee~ ~ong s~d cu~z m ~e nght, ha~g a ra~ of 880 ~ fee~, a c~ ~e
of 16~34'41", ~d a chord ~g ~d ~s~ of N~ 07'~2~3" West, 253 74 f~ ~o a pom~
of
~ N~ ~"~D8'' ~ 1~ 85 ~ W ~ ~,--,~g of a c~e W ~e left, h~vmg a
r~us of 520 ~ f~ a ~ ~Ne of 31'3093% ~d a cho~ ~g ~d ~t~ of No~h
15° 19~4" Wesz, 2~2 31 f~ to a ~ of ~2~,
~NCB No~ 31 "~56' W~, 208 70 feez ~o ~e ~nn:ng of a ~e to ~e nghz, havin~ a
r~ms of 930 ~ f~t, a ~n~ ~gle of 31 "~093", md a cho~ bc~mi ~d d~st~ce of No~
07/07/98 14 02 FA~ 8[72516645 IIRRA COMPANIF$ ~04
EXHIBIT "C" - PAGE 3
15 ° 19T~" W~st, ~04 89 ~ to a poim ~f
122,,0~ 1 squa~ t%~ or 2 80 m of la=d ar=a, moiz or less, wcn'n u~ m=
aria= C. Wa~t
07/02/q8 ,t2 05 I~AX 817251.6645 TERRA C. OMPANtlS ~]05
EXHIBIT "D"
PROPOSED 80' ROW DEDICATION
LAK~VIEW BOULEVARD
Being a ~act or parcel of land situated m ~he Forrres~ Mozeau Survey, Abs~c~ N~r
Denton Co~, Tex~ ~ ~m~ a po~lon of~t ~ ~a~ ~nbed to Dl~cr Sch~z by
deed recorded m Co~ Cler~ No 94-~5817, Deed Records, Denon Co~, T~s S~d ~a~
or p~cl ~so ~g ~ 80 f~t d~l. ofway ofw~ch 40 fee~ ~s located on e~h side
fo~o~n~ cem~i~e b=mi hcr=m des~ by metes ~d bo~ds as follows
COnNie a~ ~ n~st ~o~ of~ D~I D Has~ ~ct, as ~d m Co~
CI~ No 97-0001578, De~d R~cor~, D~ton Co.u, Text, a 1/2" ~ron md fo~d,
~CS Sou~ 02~21'31" Wes% 79,51 fe~ to a ~m~ for ~m~.
~CE So~ 82~27~4'' W~ f2.~ fc~ ~o ~ PO~ OF BEebO,
~NC~ ~o~ a c~e to ~e n~, ha~ a r~us of~00 00 feet, a c~ ~gle of 09~07'53'',
~d a chord ~ ~d dl~ of Sou~ 02°55'~0' E~, 79,60 f~ ~ a ~mt of
TH~C~ Sou~ 01'35'17" West, 254 ~5 fcct to a point of c~a~;
~CE ~S a o~= to ~ n~ht ~ a ~ orS00 00 f=~. a c~ ~le of 28°21'~5''
~d a c~rd ~g ~d dis~ of Sou~ l 5 "~' 15" W~st. 245 02 feet to a point of
~NCE So~ 29~57'13" Wes~ 326,5~ fcct to a point of c~at~,
~C~ ~ont a ~ ~o ~ l~fl ~vini a r~ of ~00 00 fee*. a cen~ ~gl~ of 24"54'02"
~d a c~rd b~ ~ di~s of Sou~ 17~30'12'' W~ 215 ~9 f~ W ~ ~po~t, smd ~mt
~o b.iai on or ne~ ~ no~ n~t-of-way hn= of ~lla ro~ (a pubhc m~) Smd ~act or
~1 ~n~ 90,032 ~ ~ or 2 067 ~s ofl~ ~ mo~ or leas, ~!n
~d bo~ds
EXHIBIT E
REAL ESTATE CONTRACT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS CONTRACT OF SALE is made by and between Dieter Schwarz, by and through h~s
attorney-in-fact, NR & RJ Properties L P (hereinafter referred to as "Seller") and CITY OF
DENTON, TEXAS, a home rule mumclpahty, of Denton, Denton County, Texas, (hereinafter
referred to as "Purchaser" or "City"), upon the terms and conditions set forth herein
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay
for, the tract of land contmmng approximately 4 33 acres of land situated In Denton County, Texas,
in the vlcimty of Lakevlew Ranch to be used for sewer lift station purposes, and twenty (20) feet
wide rights-of-way (ROW) along and adjacent to the eastern boundary of the sixty (60) feet wide
ROW dedicated to the City in each phase of development of Lakevlew Ranch for street ROW
purposes, being more particularly described in Exhibit B attached hereto and incorporated herein by
reference for all purposes together with all and singular the nghts and appurtenances pertmmng to
the property, including but not limited to any right, title and interest of Seller in and to adjacent
streets, alleys or rights-of-way, royaltaes and mineral rights (all of such real property, rights, water
rights or nights to water, and appurtenances being hereinafter referred to as the "Property"), together
with any improvements, fixtures, and personal property situated on and attached to the Property, for
the consideration and upon and subJeCt to the terms, provisions, and conditions hereinafter set forth
PURCHASE PRICE
1 Amount of Purchase Price The purchase price for the Property shall be the sum of
Tharty Thousand Dollars ($30,000) for Lot 67, Block 9 as reflected on prehmmary plat approved
April 23, 1997 and Ten Dollars ($10) per lineal foot for 20 feet wide street rights-of-way in
Lakevlew Ranch herein purchased not within Lot 67, Block 9 and existing street rights-of-way
being crossed
2 Pa)anent of Purchase Price The mount of the Purchase Price shall be payable in
cash incrementally at closings as enwsloned in agreement between Purchaser and Terra/Barn, Inc,
Nit. & RI Properties, L P, and Dieter Schwarz adopted by City Ordinance on June 16, 1998
PRELIMINARY OBLIGATIONS OF THE PARTIES
The obligations of Purchaser hereunder to consummate the transactions contemplated
hereby are subject to the sat~sfaction of each of the following conchtlons any of wtuch may be
waived in whole or in part by Purchaser at or prior to the closing
l Prehminar7 Title Report W~tinn twenty (20) days after the date hereof, Seller, at
SELLER'S SOLE COST AND EXPENSE, shall have caused the T~tle Company (hereinaf~er
defined) to ~ssue a prehmlnary title report (the "T~tle Report") accompamed by copies of all
recorded documents relating to easements, rights-of-way, etc, affecting the Property Purchaser
shall give Seller written notice on or before the explratmn of ten (10) days after Purchaser receives
the Tale Report that the condmon of title as set forth in the title bmder is or is not satisfactory, and
~n the event Purchaser states the condition is not satisfactory, Seller shall, at Seller's opnon,
promptly undertake to eliminate or modify all unacceptable matters to the reasonable satxsfacnon of
Purchaser In the event Seller is unable to do so within ten (10) days after receipt of written nonce,
this Agreement shall thereupon be null and void for all purposes and the Escrow Deposit, ~f any,
shall be forthwith reamed by the Title Company to Purchaser, otherwise,
this condition shall be deemed to be acceptable and any objecuon thereto shall be deemed to have
been waved for all purposes
2 Survey Contemporaneously w~th Purchaser's dehvery of an executed original of
this Agreement, Seller shall wlflun twenty (20) days from the date hereof, at Seller's sole cost and
expense, dehver to Purchaser a current survey of the Property, prepared by a duly licensed Texas
land surveyor acceptable to Purchaser and Seller The survey shall be staked on the ground, and
shall show the location of all improvements, Inghways, streets, roads, rakoads, rivers, creeks, or
other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and
shall contam the surveyor's certification that there are no encroachments on the Property and shall
set forth the number of total acres comprising the Property, together with a metes and bounds
description thereof
Purchaser will have ten (10) days after receipt of the survey to review and approve the
survey In the event the survey is unacceptable, then Purchaser shall wlflun the ten (10) day period,
give Seller written nonce of tins fact Seller shall, at Seller's option, promptly undertake to
ehm~nate or modify the unacceptable portions of the survey to the reasonable satisfaction of
Purchaser In the event Seller IS unable to do so witinn ten (10) days after receipt of written notice,
Purchaser may termmate flus Agreement, and the Agreement shall thereupon be null and void for
all purposes and the Escrow Deposit, if any, shall be reamed by the Title Company to Purchaser
Purchaser's falure to give Seller flus written notice shall be deemed to be Purchaser's acceptance of
the survey
3 Seller's Comphance Seller shall have performed, observed, and compiled with all
of the covemmts, agreements, and condlnons reqmred by tins Agreement to be performed,
observed, and comphed with by Seller prior to or as of the closmg
REPRESENTATIONS AND WARRANTIES
Seller hereby represents and warrants to Purchaser as follows, winch representations and
warranties shall be deemed made by Seller to Purchaser also as of the closing date
I There are no pames m possessmn of any portion of the Property as lessees, tenants
at suffenmce, or trespassers
PAGE 2
2 Except for the prior actmns of Purchaser, there ~s no pendtng or threatened
condemnatton, httgat~on or stmflar proceeding or assessment affecttng the Property, or any pan
thereof, nor to the best knowledge and behef of Seller ts any such proceeding or assessment
contemplated by any governmental authonty or other party NR & R J, L P and Dteter Schwarz
have filed a declaratory judgment action agmnst Land Advtsors, Inc to have a $541,267 00 hen
clatm declared ~nvahd and unenforceable
3 Seller has comphed w~th all apphcable laws, ordinances, regulattons, statutes, rotes
and restncttons relating to the Property, or any part thereof
4 To the best of Seller's knowledge, based upon reasonable ~nqmry and ~nvest~gat~on,
there are no toxic or hazardous wastes or materials on or wlthm the Property wtuch reqmre changes
or remethatton under apphcable enwronmental laws Such toxic or hazardous wastes or materials
tnclude, but are not hm~ted to, hazardous materials or wastes as same are defined by the Resource
Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental
Response Compensation and L~abfl~ty Act (CERCLA), as amended
CLOSING
The closing shall be held at the office of Tttle Company,
, Denton, Texas, on or before , 1998, or at such t~tle
company, t~me, date, and place as Seller and Purchaser may mutually agree upon (wtuch date ~s
here~n referred to as the "closing date")
CLOSING REQUIREMENTS
1 Seller's Requirements At the closing Seller shall
A Dehver to Purchaser a duly executed and acknowledged Special Warranty
Deed conveying good and ~ndefeaslble t~tle tn fee s~mple to all of the Property, flee
and clear of any and all liens, encumbrances, conditions, easements, assessments,
and restrictions, except for the following
1 General real estate taxes for the year of
closing and subsequent years not yet due and
payable, and
2 Any exceptmns approved by Purchaser
pursuant to Purchasers Obhgatmns hereof, and
3 Any exceptions approved by Purchaser ~n
writing
4 Any hans wbach are not excluded bom the
coverage provided to Purchaser by the Owner's t~tle
pohcy
PAGE 3
B Dehver to Purchaser at Seller's sole cost and expense a TEXAS OWNER'S
TITLE POLICY at SELLER'S SOLE EXPENSE, tssued by
Tttle Company, , Denton, Texas, (the "Tttle Company"), or
such tttle company as Seller and Pumhaser may mutually agree upon, tn Purchaser's
favor ~n the full amount of the purchase price, tnsunng Purchaser's fee simple tttle to
the Property subject only to those tttle exceptions hsted tn Closing Requirements
hereof, such other exceptions as may be approved tn writing by Purchaser, and the
standard pnnted exceptions contained tn the usual form of Texas Owner's Tttle
Pohcy, pmwded, however
1 The boundary and survey excepttons shall be
deleted tf reqmred by Purchaser and ~f so required,
the costs associated with same shall be borne by
Purchaser, and
2 The exception as to restrictive covenants shall
be endorsed "None of Record", and
3 The exception for taxes shall be hrmted to the
year of closing and shall be endorsed "Not Yet Due
and Payable", and
4 The exception as to Item encumbenng the
Property shall be endorsed "None of Record", or to
the extent any hen is described in the Policy and not
released, the Policy shall be endorsed to provide that
such hen shall not be an exceptton to the availability
to Purchaser of full coverage as provided by the
Pohcy
C Dehver to Purchaser possession of the Property on the day of closing
D Seller shall pay any rollback taxes attributable to the property and
mdemmfies and holds Purchaser harmless against the payment of such rollback
taxes, If any
2 Purchaser's Reqmroments Purchaser shall pay the purchase price to Seller,
incrementally at closings referenced on page 1 m ~mmedmtely avmlable funds
3 Closm~ Costs Through the date of Closmg, Seller shall pay all taxes assessed by
any tax junschctmn through the date of Closing Any taxes imposed, assessed or arising because of
a change of me of the Property after closing shall be prod by Seller
All other costs and expenses of closing m eomummatmg the sale and purchase of the
Property not spectfically allocated hereto shall be equally shared by Purchaser and Seller
PAGE 4
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consurnmatlon of this Agreement shall be
the sole responsibility of Seller, and Seller agrees to mdemmfy and hold harmless Purchaser from
any and all claims for these commms~ons
BREACH BY SELLER
In the event Seller shall fall to fully and t~mely perform any of its obhgatlons hereunder or
shall fall to consummate the sale of the Property except Pumhaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate th~s Agreement
BREACH BY PURCHASER
In the event Purchaser should fall to consummate the purchase of the Property, the
condltmns to Pumhaser's obhgatxons set forth ~n PURCHASER'S OBLIGATIONS having been
satisfied and Purchaser being in default Seller may either enforce specific performance of this
Agreement, or terminate this Agreement
MISCELLANEOUS
1 ASsll~ment of A~reement Ttus Agreement may not be assigned by Purchaser
w~thout the express written consent of Seller
2 Survival of Covenants Any of the representations, warranties, covenants, and
agreements of the pames, as well as
any nghts and benefits of the parties, pertaining to a penod of time following the closing of the
transactions contemplated hereby shall survive the closing and shall not be merged therein
3 Notice Any not,ce reqmred or permitted to be delivered hereunder shall be deemed
received when sent by Umted States mml, postage prepmd, cemfied marl, remm receipt requested,
addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of
the party
4 Texas Law to Apply Tlus Agreement shall be construed under and in accordance
with the laws of the State of Texas, and all obhgat~ons of the part,es created hereunder are
performable m Denton County, Texas
5 Parties Bound TI-us Agreement shall be binding upon and inure to the benefit of the
partxes and their respective heirs, executors, administrators, legal representatives, successors and
assigns where penmtted by tins Agreement
6 Lesal Construction In case any one or more of the prov~sions contained in tfus
Agreement shall for any reason be held to be invalid, illegal, or unenforceable ~n any respect, smd
invalidity, illegality, or unenforceablhty shall not affect any other prov~smn hereof, and ttus
PAGE 5
Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been
contmned hereto
7 Prior Agreements Superseded Tbas Agreement constitutes the sole and only
agreement of the part,es and supersedes any prior understandings or written or oral agreements
between the partms respecttng the wtthm subject matter
8 T~me of Essence Ttme ~s of the essence m flus Agreement
9 Gender Words of any gender used ~n flus Agreement shall be held and construed to
Include any other gender, and words tn the mngular number shall be held to ~nclude the plural, and
v~ce versa, unless the context reqmres otherwtse
I 0 Memorandum of Contract Upon request of etther party, both part,es shall promptly
execute a memorandum ofttus Agreement statable for fihng of record
11 Comphance In accordance w~th the reqmrements of the Texas Real Estate Lmense
Act, Purchaser ~s hereby advtsed that tt should be furmshed with or obtmn a pohcy of title Insurance
or Purchaser should have the abstract covenng the Property examined by an attorney of Purchaser's
own selection
12 Tn'ne Lxm~t In the event a fully executed copy of flus Agreement has not been
returned to Seller wtthm tturty (30) days after Seller executes flus Agreement and dehvers same to
Purchaser, Seller shall have the right to tenmnate flus Agreement upon written nottce to Purchaser
DATED tfus day of ., 1998
SELLERS PURCHASER
D~eter Schwarz THE CITY OF DENTON, TEXAS
By NR. & RI Propentes L P
lus attomeyqn-fact
By NR & RJ Properttas G P, Inc By
tts sole general partner Ted Benawdes, City Manager
215 E McKanney
By Denton, Texas 76201
Nteholas Rmmondo, President
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY
PAGE 6
STATE OF TEXAS §
COUNTY OF DENTON §
This ,nstrument was acknowledged before me on thru day of
,1998 by Nicholas Ratmondo
Notary Public tn and for
State of Texas
STATE OF TEXAS §
COUNTY OF DENTON §
Ttus tnstrumem ts acknowledged before me, on tl'us day of
, 1998 by TED BENAVIDES, C~ty Manager, of the Ctty of Demon, a
mummpal corporatton, known to me to be the person and officer whose name ts subscribed to the
foregoing instrument and acknowledged to me that the same was the act of the said Ctty of Denton,
Texas, a mumclpal corporation, that he was duly authorized to perform the same by appropriate
ordinance of the City Council of the City of Denton and that he executed the same as the act of the
smd Ctty for purposes and consideration therein expressed, and tn the capamty therein stated
Notary Public tn and for
State of Texas
PAGE 7
TH~Rm IS NO EXHIBIT
US EXHIBIT 'B'
0 TO REAL ESTATE CONTRACT
BLAGG ROAD
L~mds of Phose I Final Plot
(ZO ROW Reserve by Seporote Document)
80' ROW Oed~cohon
(60 * 2~0 ROW Reserve Purchase)
Lot 67 Block 9, Phase I
MILLS ROAD
Future Spine Road
wHhm the hm~ts
of the Project
EXHIBIT F
THE STATE OF TEXAS § OBLIGATION OF THE CITY OF
DENTON AND NR & RJ PROPERTIES,
L, P, REGARDING CONDEMNATION
OF R-O-W AND PAYMENT OF THE
COUNTY OF DENTON § COST OF CONDEMNATION
WHEREAS, Dieter Schwarz by and through NR & RJ Properties, L P (NR & R J), bas
attorney in fact, desires the C~ty of Denton to promote safe vebacle traffic movement and economic
development by promdmg NR & RJ and ne~ghbonng property owners access to U S 380 at
Lakemew Boulevard, and
WHEREAS, Article 3, Section 52-a of the Texas Constitution and Section 380 001, Tex
Loc Govt Code pro.de the promotion of econormc development ~s a pubhe purpose and Sectmn
251 001, TEX LOC GOV'T CODE, provides public safety and extending streets are a pubhc
purpose, and
WHEREAS, NR & RJ will provide for and pay the cost of the R-O-W easement and the
cost of constructing two (2) lanes of Lakeview Boulevard fi.om Lakewew Ranch to U S 380 ~fthe
C~ty will purchase such easement through negotiation or condenmation, and
WHEREAS, NR & RJ has been unable to obtain the easement necessary to provide for the
off-site street faclhties required, and
WHEREAS, NR & RJ has requested, m accordance with the State law, that the C~ty use ~ts
power of eminent domain to obtmn the off-site easement so that the reqmred ~mprovements to
Lakewew Boulevard may be completed, and
WHEREAS, the condemnation of the land for Lakewew Boulevard would be m the public
interest and for a pubhc purpose, NOW, THEREFORE,
WITNESSETH:
In consldemtton of the mutual covenants and pwmlses of each, agree as follows
L Attorney's Services. The City Attorney, w~th approval of NR & RJ, shall retain
local counsel to promde the legal sennees to institute and pursue proceedings m eminent domain to
acqmre an off-site easement as identified m Ordinance 98-082 The City Attorney shall assist local
counsel m preparing all petitions, mottons, notices, and other legal documents necessary to tmtiate
and prosecute condenmatton proceedings
ri. Palnnent of Condemnation Costs by NR & RI. All filing fees and coum costs,
appraiser, expert w~tnoss, and local counsel fees, conderananon awards, recording fees and or other
cost or fees resulting fi.om the condenmatton shall be prod by NR & R J, except as otherwise
provided for hereto
III. Pa}'ment of Acqmsltlon Cost by NR & RJ NR & RI agrees that it will pay the
award for the condemnation made either by the Special Commissioners, or on appeal, by judgment
of the court Should the condemnation case be non-suited or dismissed at NR & Ri's request, at
any t~me prior to the entering of a judgment in tbas matter, NR & RI agrees to pay any costs
assessed by the court agoanst C~t¥ including, but not hm~ted to, attorney and expert w~tness fees of
the condemnee
IV. Appeal of Commissioner's Award. If, by reason of the amount of the award
made, NR & RJ ~s obhgated to pay m satisfaction of the award any amount in excess of market
value for the easement, then NR & RJ may request, m writing w~tban ten days of smd award, that
C~ty appeal the award made Upon such request and the City's determination that the award was
excessive, the City may, m fulfillment of its sovereignty duties and obhgat~ons w~thm its sole
d~scret~0n, authorize an appeal of the award If, after NR & RI requests such appeal, City appeals
the award made, NR & RJ shall pay all cost of such appeal Upon ftnal judgment of such appeal,
NR. & RJ shall pay the judgment of the appellant court If C~ty should appeal such award in the
absence of such request by NR & RI, NR & RI shall not be hable to C~ty for the cost of such appeal
or the amount of any judgment resulting from the appeal in excess o£the mai court's judgment
V. Hold Harmless. NR. & RJ agrees that the acqtus~t~on of land provtded for ~n th~s
agreement ts for the sole purpose of allowing NR & RI and neighboring property owners to
promote eeonotm¢ development and safe traffic movement by prowdmg access to U S 380 from
Lakew~w Boulevard NR & ILl agrees to hold the C~ty harmless from, and shall lndemmfy C~ty
for, any,clatra, loss or damage arising or resulting from any act ofNR & RI, ~ts agents, employees,
contractors, or representatives, m pursuing the negotiation and condemnation of the easement and
constructing Lakcwew Boulevard NR & RJ further agrees that It shall not make any eloam agatnst
Ctty, or hold C~ty hable, for any loss or damage suffered or recurred by NR & RI as a result of any
~nterrupt~on or delay ~n eondemmng or acqumng any property necessary for NR & RI to complete
any requtred off-site roadway improvements resulting from any legal challenge to the r~ght of C~ty
to condom the land spe¢~ed m th~s agreement, or any other delay which results from any cause
not w~tban the reasonable control of City
PAGE 2