Loading...
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