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2011-063 %(+$1$%$1$-"$%.1, 2011063 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$2#§º«(´¯º¯§²¹ TerminationAgreementKOrdinanceNo.201335312/19/13JR s:\legal\our documents\ordinances\11\rayzor-westpark ordinance.doc ORDINANCE NO. 2011-063 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A CONTRACT (HEREIN SO CALLED) BETWEEN THE CITY OF DENTON, TEXAS AND WESTPARK GROUP, L.P., A TEXAS LIMITED PARTNERSHIP AND RAYZOR INVESTMENTS, LTD., A TEXAS LIMITED PARTNERSHIP, CONTEMPLATING THE PURCHASE BY THE CITY OF DENTON, TEXAS OF (I) AN APPROXIMATE 5.922 ACRE TRACT OF LAND SITUATED 1N THE JOHN DAVIS SURVEY, ABSTRACT NUMBER 326, THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, AND THE JAMES PERRY SURVEY, ABSTRACT NUMBER 1040, CITY OF DENTON, DENTON COUNTY, TEXAS; (II) EASEMENTS AND TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENTS IN, ON, OVER, UNDER AND ACROSS LANDS SITUATED IN THE JOHN SCOTT SURVEY, ABSTRACT 1222, THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, THE JAMES PERRY SURVEY, ABSTRACT NUMBER 1040, AND THE JOHN BACON SURVEY, ABSTRACT NUMBER 1541, CITY OF DENTON, DENTON COUNTY, TEXAS; AND (III) AMENDMENTS TO ELECTRIC UTILITY EASEMENTS 1N, ON, OVER, UNDER AND ACROSS LANDS SITUATED 1N THE E. PUCHALSKI SURVEY, ABSTRACT NUMBER 996, THE JAMES PERRY SURVEY, ABSTRACT 1040, AND THE THOMAS TOBY SURVEY, ABSTRACT NUMBER 1285, CITY OF DENTON, DENTON COUNTY, TEXAS, ALL FOR PUBLIC PURPOSES; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE, DELIVER AND ACCEPT ANY AND ALL DEEDS, EASEMENTS, TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENTS, AMENDMENTS TO ELECTRIC UTILITY EASEMENTS AND ANY OTHER DOCUMENTS NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTIONS CONTEMPLATED BY THE CONTRACT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the transactions contemplated by the Contract are in the best interest of the citizens of the City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Contract, said Contract being attached hereto as Exhibit "A", on behalf of the City of Denton, and to carry out the City's responsibilities and rights under the Contract, including, without limitation: (i) to execute, deliver and accept any deeds, easements, temporary construction, grading and access easements, amendments to electric utility easements and any other documents necessary to accomplish closing of the transactions contemplated by the Contract; and (ii) the authorization to make the expenditures set forth in the Contract. s;\legal\our documents\ordinances\11\rayzor-westpark ordinance.doc SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY Aay of~~~ 2011. ~ I MARK H. BLYkROUC~ S,/IVIAYOR BY: _ APP VED TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ~ BY: CONTRACT STATE OF TEXAS § COUNTY OF DENTON § ~ This Contract (the "Contract") is made this ~4-day of 2011, effective as of the date of execution hereof by Buyer, as defined herein (the "Effective Date"), by and between Westpark Group, L.P. ("Westpark"), a Texas limited partnership and Rayzor Investments, LTD. ("Rayzor"), a Texas limited partnership (collectively, the "Seller") and the City of Denton, Texas, a Texas home rule municipal corporation (the "Buyer"). RECITALS WHEREAS, Westpark owns that certain land being more particularly described on Exhibits "A" and "A-1", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, (i) Rayzor owns lands being more particularly described on Exiibit "B", attached hereto and made a part hereof for all purposes, located in Denton County, Texas where Buyer desires easements of variable widths, in, on, over, under and across such lands, for purposes related to the distribution of electricity, the transmission and distribution of natural gas, and the transmission and delivery of thermal energy commodities and other purposes, all as more particularly described in Exhibit "D", attached hereto and made a part hereof for all purposes; (u) Westpark owns lands being more particularly described on Exhibit "B-1", attached hereto and made a part hereof for all purposes, located in Denton County, Texas, where Buyer desires easements of variable widths, in, on, over, under and across such lands, for purposes related to the distribution of electricity, the transmission and distribution of natural gas, and the transmission and delivery of thermal energy commodities and other purposes, a11 as more particularly described on Exhibit "D-1", attached hereto and made a part hereof for all purposes; and (iu) Exhibit "B-2", attached hereto and made a part hereof for all purposes, located in Denton County, Texas (the lands described in subparagraph (i), subparagraph (ii) and subparagraph (iii) in this paragraph are collectively referred to herein as "Easement Land"), for purposes related to the distribution of electricity, the transmission and distribution of natural gas, the transmission and delivery of thermal energy commodities and the transmission, distribution and delivery of potable and non-potable water, wastewater, and/or sewage, and other purposes, all as more particularly described in Exhibit "D-2" (collectively the "Easements"); WHEREAS, (i) Rayzor owns lands being more particularly described in Exhibit "C", attached hereto and made a part hereof for all purposes, located in Denton County, Texas where Buyer desires temporary easements, fifty feet (50') in width, on, over and across such lands for construction and other activities related to the Easements, as described in Exhibit "E", attached hereto and made a part hereof for all purposes; and (ii) Westpark owns lands being more particularly described in Exhibit "C-1", attached hereto and made a part hereof for all purposes, located in Denton County, Texas, (the lands described in subparagraph (i) and subparagraph (ii) in this paragraph are collectively referred to herein as the "Temporary Easement Land") where Buyer desires temporary easements, fifty feet (50') in width, on, over and across such lands for construction and other activities related to the Easements, as described on Exhibit "E-1", attached hereto and made a part hereof for all purposes (collectively, the "Temporary Construction Easements"); WHEREAS, Rayzor and Westpark have previously conveyed to Buyer certain easements over and across certain lands as depicted in the Existing Easements (herein so called), said Existing Easements each being dated December 29, 2006, and: (i) recorded in County Clerk's 2 file number 2007-20905 (Rayzor), Real Property Records, Denton County Texas; (ii) recorded in County Clerk's file number 2007-20906 (Rayzor), Real Property Records, Denton County, Texas; (iii) recorded in County Clerk's file number 2007-24898 (Westpark), Real Property Records, Denton County, Texas; and ( iv) recorded in County Clerk's file number 2007-20899 (Westpark), Real Property Records, Denton County, Texas, wherein the Buyer desires additional rights, as more particularly described in Exhibits "G-1", "G-25, "G-3" and "G-4", respectively, all attached hereto and made a part hereof for all purposes (the "Easement Amendments"); WHEREAS, Buyer intends to construct and operate a tri-generation power facility upon the Land for the purposes of generation of electricity and production of chilled water, steam, and compressed air (the "Activities"); WHEREAS, (i) Westpark desires to sell and convey to Buyer, and Buyer desires to purchase and be conveyed from Westpark (a) the Land, together with any and a11 rights or interest of Westpark in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land; (b) the Easements, as described on Exhibits "D-1" and "D-2", attached hereto and made a part hereof; (c) the Temporary Construction Easement, as described in Exhibit "E-1", attached hereto and made a part hereof; and (d) the Easement Amendments, as described in Exhibits "G- 3" and "G-4", attached hereto and made a part hereof (collectively, the " Westpark Property"); and (ii) Rayzor desires to sell and convey to Buyer and Buyer desires to purchase and be conveyed from Rayzor (a) the Easement, as described in Exhibit "D"; (b) the Temporary Construction Easement, as described on Exhibit "E"; and (c) the Easement Amendments, as described in Exhibits "G-1" and "G-2", attached hereto and made a part hereof (collectively, the 3 "Rayzor Property") (the "Westpark Property" and the "Rayzor Property" are collectively referred to herein as the "Property"). ARTICLE I SALE OF PROPERTY For the consideration of the purchase price to be paid for the Property, as set forth below, the receipt and sufficiency of the consideration set forth herein being hereby expressly stipulated and acknowledged by Buyer and Seller, (i) Westpark agrees to sell and convey to Buyer, and Buyer agrees to purchase from Westpark, subject to the reservations below, the Westpark Property; and (ii) Rayzor agrees to sell and convey to Buyer, and Buyer agrees to purchase from Rayzor, the Rayzor Property.. Westpark, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns a11 oil, gas and other minerals in, on and under and that may be produced from the Land. Westpark, its successors and assigns shall not have the right to use or access the surface of the Land, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Land for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. Notwithstanding the above, nothing herein sha11 preclude Westpark or its successors and assigns from exploring for, developing and/or producing the 4 minerals reserved above in and under the Land by pooling or by directional drilling under the surface of the Land from well sites or mining sites located on other property. As used herein, the term "surface of the Land" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Without limitation to any of the above, Seller retains all rights to minerals associated with all other portions of the Property as well. Notwithstanding the foregoing, in no event (A) shall any activities relating to the reserved minerals disturb any improvements or facilities upon or under the Property; and/or (B) shall any such activities cause a subsidence of the surface of the Property or any improvement or facility thereon or thereunder. ARTICLE II PURCHASE PRICE 2.01 Purchase Price. The Purchase Price to be jointly paid to Seller for the Property at Closing is the sum of One Hundred and no/100 Dollars ($100.00) (the "Purchase Price"). 2.02 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to Seller, jointly payable, a check in the amount of One Hundred and No/100 Dollars ($100.00) (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in addition to, and independent of any other consideration or payment provided in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. 5 ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. Buyer shall cause to be issued a current Commitment for Title Insurance (the "Title Commitment") for the Land and the Easements, issued by Title Resources, 1112 Dallas Drive, Suite 402, Denton, Texas (the "Title Company"). The Title Commitment shall set forth the state of title to the Land and Easements, including a list of any defects, encumbrances and other exceptions to title, and outstanding claims, interests or equities of any nature (each of which are referred to herein as an "Exception"). 3.02 Survey. Buyer may, at its expense, cause a current on the ground survey of the Property, or any part thereof, to be prepared (the "Survey"). The Survey may include all matters prescribed by Buyer. The description of the Land as set forth in (i) the conveyance plat, as prescribed in Section 4.03, below; or (ii) the Survey, at Buyer's election, shall be used to describe the Land in the Special Warranty Deed conveying the Land to Buyer and shall be the description of the Land set forth in the Title Policy, subject, however, to Seller and its own surveyor having reasonably approved same. 3.03 Seller's Efforts to Cure. The Seller shall exercise best efforts to assist Buyer in curing or satisfying any Exceptions or defects depicted or revealed in the Survey, as set forth in the notice to Seller by Suyer ("Objections"). Notwithstanding the obligation of the Seller to exercise best efforts in its assistance to Buyer to cure any defects related to the Title or Survey of the Property, Seller shall not be obligated to expend funds or incur any liabilities in such efforts. In the event Buyer and Seller cannot cure the Objections prior to Closing, Buyer may elect to either (i) terminate this Contract; or (ii) waive the uncured Objections, which shall become "Permitted Exceptions", and upon such waiver, close the transaction contemplated by this Contract. As used lierein, "Permitted Exceptions" shall mean any easements, restrictions, 6 claims, rights of way, encroachments, defects or other encumbrances or other matters whatsoever affecting the Property as shown in the Title Commitment and/or Survey, and any other such matters which are of public record, and any other matters affecting the Property which would be disclosed by a physical inspection of the Property or an accurate survey of the Property. Notwithstanding anything to the contrary herein, Seller shall provide to Buyer, prior to the closing date of this transaction, evidence satisfactory to Buyer and Seller that the owners of the rights to conduct mineral exploration and production activities (the "Operations") on the Property are prohibited from using or occupying in any way the surface of the Property in connection with such operations. 3.04 Title Policy. At Closing, Buyer, at Buyer's sole cost and expense, shall cause a staudard Texas Ovmer Policy of Title Insurance ("Title Policy"), along with a T-19.1, T-19.2 or T-19.3 endorsement, as applicable, to be fumished to Buyer. The Title Policy shall be issued by the Title Company, in the amount of the fair market value of the Land and Easements and insuring that Buyer has indefeasible fee simple title to the Land and indefeasible title to the Easements, subject only to the Permitted Exceptions. ARTICLE III.A. AS-IS SALE 3.01.A. AS-IS Sale. Buyer expressly acknowledges that the Property is being sold, conveyed, granted and accepted AS-IS, WHERE-IS WITH ALL FAULTS, and, except as expressly set forth in Article IV, below, Seller makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Property or any real property encumbered by the Property (for the purposes of Article III.A. and Article III.B., unless stated otherwise, such property being collectively referred to as the "Property"), including without limitation: (i) the structural integrity of improvements on such properties, if any; (ii) the manner, 7 construction, condition and state of repair or lack of repair of any improvements on such properties; (iii) the conformity of any improvements to any plans or specifications for such properties, including but not limited to any plans and specifications that may have been or which may be provided to Buyer; (iv) the conformity of such properties to past, current or future applicable zoning or building code requirements or such properties' compliance with any other laws; (v) the fmancial earning capacity or history or expense history of the operation of such properties; (vi) the existence of soil instability, past soil repairs, soil additions or conditions of soil fill, such properties' susceptibility to landslides, sufficiency of undershoring or sufficiency of drainage to, from or across such properties; (vii) whether such properties are located wholly or partially in a flood plain or a flood hazard boundary or similar area or within any area that may be considered wetlands or jurisdictional waters of the United States; (viii) the existence or non- existence of underground or above ground storage tanks, asbestos, hazardous waste or other toxic or Hazardous Materials (as hereinafter defined) of any kind or any other environmental condition or whether such properties are in compliance with applicable laws; (ix) such properties' investment potential or resale at any future date, at a profit or otherwise; (x) any tax consequences of ownership of such properties, except as provided in Section 5.03, below; or (xi) any other matter whatsoever affecting the stability, integrity, other condition or status of the Property (collectively, the "Property Conditions"). EXCEPT AS PROVIDED IN ARTICLE IV, BELOW, BUYER HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS IT MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, HABITABILITY, MERCHANTABILITY, 8 SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE PROPERTY, ANY IMPROVEMENTS THEREON OR THE PROPERTY CONDITIONS, SUCH WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY. This waiver does not apply to the predecessors in title to the Rayzor Parties. As used herein the "Rayzor Parties" shall mean Seller, and any predecessor in title to Seller that was a spouse, descendant or other relative of Jesse Newton Rayzor and/or Eugenia Porter Rayzor. 3.02.A. Information Disclaimer. Any and all information related to the Property provided to Buyer by Seller (without implying any obligation to deliver such information, however) ("Information"), shall be delivered as an accommodation to the Buyer only, without any representation or warranty as to the completeness or accuracy of the data or other information contained therein, and all such Information is furnished to the Buyer solely as a courtesy, and Seller has not verified the accuracy of any statements or other information therein contained, the method used to compile such Inforrnation nor the qualifications of the persons preparing such Information. The Information is provided on an AS-IS, WHERE-IS BASIS, AND BUYER EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS HEREIN, SELLER MAKES NO REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE INFORMATION. 3.03.A. Waiver of Compliance with Requirements. Buyer expressly acknowledges that it is not relying on (and hereby disclaims and renounces) any representations or warranties made by or on behalf of the Seller of any kind or nature whatsoever, except as expressly provided in 9 Article IV, below. Buyer acknowledges that the Property may not be in compliance with a111aws that may apply to such Property or any part thereof and the continued ownership, maintenance, management and repair of such properties ("Requirements"). Buyer shall be solely responsible for any and all Requirements. 3.04.A. Environmental Waiver. Without limitation, to the fullest extent permitted by law, and except as provided in Article IV, below, Buyer, for itself and its successors and assigns, hereby releases Seller from and waives any and all claims and liabilities against the Seller, related to or in connection with any environmental condition at such Property (or the presence of any matter or substance relating to the environmental condition of such Property), including, but not lunited to, claims and/or liabilities relating to (in any manner whatsoever) any hazardous, toxic or dangerous materials or substances located in, at, about or under such Property, or for any and all claims or causes of action (actual or threatened) based upon, in connection with or arising out of: (i) the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§9601 et seq.) ("CERCLA"); (ii) the Resource Conservation and Recovery Act (42 U.S.C. §§6901 et seq.) ("RCRA"); (iii) the Superfund Amendments and Reauthorization Act (42 U.S.C. §§9601 et seq.) ("SARA"); or (iv) any other claim or cause of action (including any federal or state based statutory, regulatory or common law cause of action, including without limitation, the Texas Solid Waste Disposal Act) related to environmental matters or liability with respect to or affecting the Property. This waiver does not apply to any predecessors in title to the Rayzor Parties. 3.05.A. Assumption of Hazardous Materials Risks. Without limitation to any of the above, Buyer assumes the risk that Hazardous Materials may be present in, on or under the Property, and hereby waives, releases and discharges forever, Seller from any and all present or future 10 claims or demands, and any and all damages, loss, injury, claims or costs, including fines, penalties and judgments arising from or in any way related to the condition of the Property or presence of any Hazardous Materials in, on or under the Property, whether or not arising from or attributed to the sole or concurrent negligence of the Seller. This waiver does not apply to any predecessors in title to the Rayzor Parties. 3.06.A. Parties Relying on Own Inspections. Buyer acknowledges and agrees that Seller was unwilling to convey, grant and sell the Property, as defined in the last recital paragraph of this Contract, as set forth on pages 3 and 4, above, unless Seller was released as expressly set forth above. With respect to the waivers and agreements contained in Sections 3.01.A. - 3.05.A., above, Buyer and Seller represent and warrant to the other that: they are (i) represented by legal counsel in connection with the sale contemplated by this Contract; (ii) each, with its counsel, has fizlly reviewed the disclaimers and waivers and agreements set forth in this Contract and understands their significance and effect; (iii) each is knowledgeable and experienced in the purchase, operation, ownership, refurbishing and sale of commercial real estate, and is fully able to evaluate the merits and risks of this transaction; and (iv) each is not in a significantly disparate bargaining position. As part of the provisions of this Article III.A., but not as a limitation thereon, Buyer agrees, represents and warrants that the matters released herein are not limited to matters which are known or disclosed. In this connection, to the extent permitted by law, Buyer hereby agrees, represents and warrants that it realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer 11 nevertheless hereby intends to release, discharge and acquit the Seller from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which might in any way be included in the waivers and matters released as set forth in this Article III.A. 3.07.A. Survival. Notwithstanding anything herein to the contrary, all of the terms and provisions of Sections 3.01.A. - 3.06.A. shall survive the Closing. ARTICLE III.B. INSPECTION 3.01.13. Tests. Until the Closing, Buyer and its agents, employees and contractors, at their sole risk and expense, shall have the right to enter upon the Property during normal business hours (and subject to advance notice as required below) for inspections, surveying, engineering and other reasonable testing and inspection purposes ("Tests"); provided, however, unless Buyer obtains the prior written approval of the Seller owning the subject portion of the Property (which approval shall not be unreasonably withheld or delayed), all such inspections shall be limited to non-intrusive inspections and studies (such as non-intrusive "Phase I Level" type tests with respect to environmental matters) which do not involve borings or any sampling of any material or media, including soil, surface water, or ground water. The Buyer shall not be permitted to conduct intrusive "Phase II Level" environmental or other intrusive testing or any borings or sampling of any material or media, including soil, surface water, or ground water, unless the Seller owning the subject portion of the Property, in it's commercially reasonable discretion, has approved in writing such testing and sampling, the specific scope of work therefore and the consultant or persons performing such work; provided, however, the Buyer may conduct routine soil borings on the Properly for the purpose of evaluating soil stability and characteristics for typical construction industry purposes related to it's intended use of the Property ("Routine Soil 12 Borings") without obtaining the Seller's prior approval. All Routine Soil Borings shall be conducted in a commercially reasonable manner in accordance with generally accepted construction industry standards, and upon completion of all such Routine Soil Borings, the Buyer shall restore the affected portion of the Property to substantially the same condition as existed prior to such Routine Soil Borings. Any and all activities conducted by Buyer shall be in accordance with applicable laws. Any entry upon the Property is referred to herein as an "Entry". All such activities shall be conducted in such a fashion so as to minimize interference with the use of the properties being inspected. The Buyer shall promptly repair any damage to the affected portion of the Property as a result of such Tests and restore same to its condition which existed prior to such Tests. 3.02.B. Notice of Entry. Prior to any Entry upon the Property to be inspected for any purpose permitted herein, the Buyer shall give prior notice to and shall coordinate such access as follows: Mr. Philip Baker (telephone 940/387-8711, telecopy 940/566-1591, The Rayzor Company, 400 West Oak Street, Suite 200, Denton, Texas 76201) who will act as Seller's agent with respect thereto. Such notice shall be given at least 24 hours prior to the proposed Entry and shall include the names of the individuals who will be entering the Property and the name of such individual's firm or company, the purpose of the inspection and specific activities which will be conducted by such individuals on such Property, the times during which such Entry sha11 occur and such other information as may be reasonably requested by Mr. Baker. The inspecting party shall fully cooperate with and follow any reasonable additional requirements or instructions given by Mr. Baker with respect to such Entry. 3.03.11. Insurance. Any consultant or contractor of the Buyer desiring to enter the Property to be inspected for any Tests shall only enter such Property after submitting to the Seller, 13 certificates of insurance evidencing Commercial General Liability Insurance coverage in commercially reasonable amounts covering such consultant's or contractor's operations on the Property to be inspected, with the Seller owning the subject portion of the Property included as an additional insured thereunder and stating that such insurance is primary as regards any other insurance maintained by the Seller. 3.04.B. Termination. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the inspection provided by this Article III.B., based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, that Buyer finds the Property suitable for Buyer's purposes. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the Closing. In the event Buyer elects to terminate this Contract pursuant to the terms of this Section 3.04.B., Buyer will provide to Seller copies of any and all non-confidential and non-privileged reports and studies obtained by Buyer during the inspection. ARTICLE IV REPRESENTATIONS. WARRANTIES. COVENANTS AND AGREEMENTS 4.01.A. Representations and Warranties of Westpark. Westpark represents and warrants to Buyer, as of the Effective Date and as of the Closing Date, except where specific reference is made to another date that: 14 (a) Westpark has the full right, power and authority to sell and convey the Westpark Property as provided in this Contract and to carry out Westpaxk's obligations hereunder and this Contract, and all documents to be delivered by Westpark hereunder, are and shall be legal and binding upon Westpark. (b) Westpark has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Westpark Property and/or real property encumbered by the Westpark Property. (c) Westpark has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (d) All Leases, as defined in Article IV, Section 4.02(a), relating to the Westpark Property shall have expired or otherwise terminated on or before the date of Closing. (e) Westpark has not received notice of any violation of any law, statute, rule, regulation or ordinance related to or affecting the Westpark Property and/or real property encumbered by the Westpark Property or Westpark's obligations under this Contract. (f) To Westpark's actual knowledge, without independent investigation, there are no Hazardous Materials (as hereinafter defined) which are or have been used, manufactured, placed or stored on the Westpark Property and/or real property encumbered by the Westpark Property. As used above, the term "Hazardous Materials" means any material or substance which is (i) defined as a"hazardous waste," "extremely hazardous r waste,""restricted hazardous waste>""hazardous material>""hazardous substance>" or any 15 similar formation under or pursuant to any state or federal statute or common law rule, (ii) designated as a"hazardous waste" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. §1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317), (iii) defined as a"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 44 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (iv) defined as a"hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601); provided, however, "Hazardous Materials" shall not, for purposes of this representation, include gasoline, diesel fuel or other petroleum products routinely used in connection with farm and ranch operations, nor shall such term include any pesticides, herbicides, cattle dipping solutions and other substances which are now or ever have been customarily used in connection with farm and ranch operations (and such exclusion from such term shall include items which were historically used in the farm and ranching industry for such purposes but which may now be banned or otherwise not so used). Westpark hereby informs Buyer that it has not conducted an independent investigation in connection with the above representation and that Westpark has limited knowledge as to such matters and advises Buyer to conduct independent investigations with respect to such matters as Buyer may deem necessary or desirable to fully satisfy itself with respect to the environmental condition of the Westpark Property and/or real property encumbered by the Westpark Property, it being understood that the above representation is limited in nature and is only to Westpark's actual knowledge, and does not give a complete understanding of the environmental condition of the Westpark Property and/or real property encumbered by the Westpark Property. 16 (g) Westpark is not a"foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 4.01.11. Representations and Warranties of Rayzor. Rayzor represents and warrants to Buyer, as of the Effective Date and as of the Closing Date, except where specific reference is made to another date that: (a) Rayzor has the full right, power and authority to sell and convey the Rayzor Property as provided in this Contract and to carry out Rayzor's obligations hereunder and this Contract, and all documents to be delivered by Rayzor hereunder, are and sha11 be legal and binding upon Rayzor. (b) Rayzor has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Rayzor Property and/or real property encumbered by the Rayzor Property. (c) Rayzor has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (d) All Leases, as defined in Article IV, Section 4.02(a), relating to the Rayzor Property shall have expired or otherwise terminated on or before the date of Closing. (e) Rayzor has not received notice of any violation of any law, statute, rule, regulation or ordinance related to or affecting the Rayzor Property and/or real property encumbered by the Rayzor Property or Rayzor's obligations under this Contract. 17 ( fl To Rayzor's actual knowledge, without independent investigation, there are no Hazardous Materials (as hereinafter defined) which are or have been used, manufactured, placed or stored on the Rayzor Property and/or real property encumbered by the Rayzor Property. As used above, the term "Hazardous Materials" means any material or substance which is (i) defined as a"hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "hazardous material," "hazardous substance," or any similar formation under or pursuant to any state or federal statute or common law rule, (ii) designated as a"hazardous waste" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. §1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317), (iii) defined as a"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 44 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (iv) defined as a"hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. §9601 et seq. (42 U.S.C. §9601); provided, however, "Hazardous Materials" shall not, for purposes of this representation, include gasoline, diesel fuel or other petroleum products routinely used in connection with farm and ranch operations, nor shall such tertn include any pesticides, herbicides, cattle dipping solutions and other substances which are now or ever have been customarily used in connection with farm and ranch operations (and such exclusion from such term shall include items which were historically used in the farm and ranching industry for such purposes but which may now be banned or otherwise not so used). Rayzor hereby informs Buyer that it has not conducted an independent investigation in connection with the above representation and that Rayzor has limited knowledge as to such matters and advises Buyer to conduct independent investigations 18 with respect to such matters as Buyer may deem necessaxy or desirable to fully satisfy itself with respect to the environmental condition of the Rayzor Property and/or real property encumbered by the Rayzor Property, it being understood that the above representation is limited in nature and is only to Rayzor's actual knowledge, and does not give a complete understanding of the environtnental condition of the Rayzor Property and/or real property encumbered by the Rayzor Property. (g) Rayzor is not a"foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 4.01.C. Representations and Warranties of Buyer and Seller. (a) Buyer and Seller represent and warrant to each other that they have the power to execute, deliver and perform under this Contract, have taken all actions necessary to authorize the execution, delivery and performance of this Contract and that the parties executing this Contract and the conveyance documents exhibited hereto for and on behalf of Buyer and Seller have been duly authorized by Buyer and Seller to act in such capacity. 4.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) Within ten (10) days after the Effective Date, Westpark shall deliver to Buyer, with respect to the Westpark Property, and Rayzor shall deliver to Buyer, with respect to the Rayzor Property true, correct and complete copies of the following: (i) All lease agreements and/or occupancy agreements and/or licenses of any kind or nature (if oral, Seller shall provide to Buyer in writing a11 material terms thereo fl relating to the possession of the Property, or any part thereof, including any and all modifications, supplements, and amendments thereto (the "Leases"); provided, 19 however, the "Leases" shall not include any Oil, Gas or Mineral Lease with respect to any portion of the Property. (b) From the Effective Date until the date of Closing, Westpark, with respect to the Westpark Property, and Rayzor, with respect to the Rayzar Property, shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, or permit to exist, any lien, encumbrance, or charge thereon. (c) Seller shall assist and cooperate in the platting activities of Buyer, as set forth in Section 4.03 below, including without limitation, execution of any applications or other materials related to ownership of the Land, in such processes. 4.03 Covenants and Agreements of Buyer. Buyer shall, prior to Closing, have obtained approval of a conveyance plat of the Land the "Conveyance Plat" from the Planning and Zoning Commission or the Development Review Committee in accordance with the terms of the Denton Development Code, including without limitation, Sections 35.16.6, 35.16.17, 35.16.17.1 and 35.16.17.2 thereof. Seller shall reasonably cooperate in the platting process and shall either execute the Conveyance Plat provided to it by Buyer or provide objections to same to Buyer, on or before five (5) days after the conveyance plat is submitted to it by Seller. Notwithstanding anything herein to the contrary, in no event shall the Conveyance Plat impose obligations on Seller to dedicate easements or rights-of-way across any of Seller's other lands or impose any restrictions or other requirements with respect to the Seller's such other lands. 20 ARTICLE V. CLOSING 5.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall occur upon the later to occur of (i) completion of the platting processes, as prescribed in Section 4.03 (but not later than June 30, 2011); and (ii) April 30, 2011, unless otherwise mutually agreed upon by Buyer and Seller. 5.02 Items to be Delivered at the Closing. (a) At the Closing, Westpark shall deliver or cause to be delivered to Buyer or the Title Company, the following items: (i) The Special Warranty Deed, substantially in the form as attached hereto as Exhibit "F", subject only to the Permitted Exceptions, duly executed by Westpark and acknowledged. (ii) The Easements, substantially in the form as attached hereto as Exhibits "D-1" and "D-2", subject only to the Permitted Exceptions, duly executed by Westpark and acknowledged. (iii) The Temporary Construction Easement, substantially in the form as attached hereto as Exhibit "E-1", duly executed by Westparlc and acknowledged. (iv) The Easement Amendments, substantially in the form as attached hereto as Exhibits "G-3" and "G-4", duly executed by Westpark and acknowledged. (v) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 21 (b) At the Closing, Rayzor shall deliver or cause to be delivered to Buyer or the Title Company, the following items: (i) The Easement, substantially in the form attached hereto as Exhibit "D", subject only to the Permitted Exceptions, duly executed by Rayzor and acknowledged. (ii) The Temporary Construction Easement, substantially in the form as attached hereto as Exhibit "E", duly executed by Rayzor and acknowledged. (iii) The Easement Amendments, substantially in the form attached hereto as Exhibits "G-1" and "G-2", duly executed by Rayzor and acknowledged. (iv) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (c) At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01. (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 5.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provision of this Article V, Section 5.03 shall survive the Closing. The following item sha11 be adjusted or prorated between Westpark and Buyer with respect to the Land. (a) Ad valorem taxes relating to the Land for the calendar year in which the Closing shall occur shall be prorated between Westpark and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Land for the preceding calendar year. As soon as the amount of taxes levied against the Land for the calendar year in which Closing shall occur is 22 known, Westpark and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Westpark shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the Closing Date) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 5.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing, subject to the Permitted Exceptions. 5.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the firansaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identified herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be allocated between the parties in the customary manner for closings of real property similar to the Property in Denton County, Texas. ARTICLE VI. DEFAULTS AND REMEDIES 6.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Westpark's or Rayzor's warranties or representations contained in this Contract are untrue on the Closing Date; or 23 (ii) Westpark or Rayzor fail to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Westpark's or Rayzor's, as applicable, part required within the time limits and in the manner required in this Contract; or (iii) Westpark or Rayzor fail to deliver at Closing, the items specified in Article V, Section 5.02(a), and/or Article V, Section 5.02(b), as applicable, of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Seller; or (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment. 6.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract on the occurrence of any one or more of the following events: (i) Buyer fails to meet, comply with or perform any covenant, agreement, condition precedent or obligation on Buyer's part required within the time limits and in the manner required by this Contract; or 24 (ii) Buyer fails to deliver at Closing, the items specified in Article V, Section 5.02(c) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedy for the default, may terminate this Contract by written notice delivered to Buyer. ARTICLE VII MISCELLANEOUS 7.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: BUYER: Anita Burgess, City Attorney City of Denton, Texas 215 E. McKinney Street Denton, Texas 76201 Phone: (940) 349-8333 Fax: (940) 382-7923 Richard. Casner@cityofdenton.com Paul Williamson, Real Estate Manager City of Denton Texas Phone: (940) 349-8921 Fax: (940) 349-8951 Paul. Williamsonn,citvofdenton. com SELLER: David Mellina Mellina & Larson, P.C. 777 Main Street, Suite 770 Fort Worth, Texas 76102 Phone: (817) 335-1200 Fax: (817) 335-1221 Dmellina@mellinalarson.com Philip A. Baker, Vice President The Rayzor Company Phone: (940) 387-8711 Fax: (940) 566-1591 Philip@Rayzorcompany.com 25 With Copies To: Pamela England, Real Estate Specialist City of Denton, Texas Phone: (940) 349-8928 Cell: (940) 391-2795 Fax: (940) 349-8951 Pamela.England@cityofdenton.com Virginia Kubiak Title Resources 1112 Dallas Drive Suite 402 Denton, Texas 76205 Phone: (940) 3 81-1006 Fax: (940) 234-7091 Virainia@trnt.net 7.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE 1N, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE 1N COURTS OF COMPETENT NRISDICTION 1N DENTON COUNTY, TEXAS. 7.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed and authorized by the party against whom enforcement is sought. 7.04 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consuminate the transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Article VII, Section 7.04 shall survive Closing. 26 7.05 Exhibits. The EaLhibits which axe referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. 7.06 Assigns. This Contract shall inure to the benefit of and be binding on the parties hereto and their respective legal representatives, successors and assigns; provided, however, no party may assign its rights under this Contract without the prior written consent of the other party. 7.07 Time of the Essence. Time is of the essence of this Contract. 7.08 Taking Prior to Closing. If the Property, any real property encumbered by the Property, or any portion thereof, becomes subject to a taking under the provisions of eminent domain prior to the Closing, Buyer shall have the option of: (i) closing this transaction as provided herein (with no reduction in consideration), in which event the Seller shall assign to the Buyer at Closing a11 condemnation proceeds, if any, as a result of such proceeding; or (ii) terminating this Contract, as to and only as to the portion of the Property subject to or affected by a taking, by giving the Seller written notice thereof within ten (10) days from the date such party receives notice of such taking, in which event this Contract shall be deemed null and void, as to and only as to the portion of the Property subject to or affected by a taking, and the parties hereto shall have no further obligations to or recourse against each other either under this Contract as to such portion of the Property. 7.09 Severability. In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 27 7.10 Rule of Construction. The parties acknowledge that each party and its counsel has reviewed and revised this Contract, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Contract or any amendments or exhibits hereto. 7.11 Business Days. If the Closing Date or the day for performance of any act required under this Contract falls on a Saturday, Sunday or legal holiday, then the Closing Date or the day for such performance, as the case may be, shall be the next following regular business day. 7.12 Designation of Reporting Person. Buyer and Seller hereby designate the Title Company as the "Reporting Person" with respect to the transaction contemplated under this Contract for purposes of complying with the regulations set forth in 26 C.F.R. Section 1.6045- 4(e)(5). 7.13 Counterparts. This Contract may be executed in multiple counterparts, each of which shall, for a11 purposes, be deemed an original, but which together shall constitute one and same instrument, and the signature pages from any counterpart may be appended to any other counterpart to assemble fully executed docutnents, and counterparts of this Contract may also be exchanged via electronic facsimile machines and any electronic facsimile of any party's signature sha11 be deemed to be an original signature for all purposes; provided, however, that any signature pages transmitted by electronic facsimile shall nevertheless be followed by the exchange of hard copy originals. 7.14 Waiver. The waiver by any party of a breach of any provision of this Contract shall not be deemed a continuing waiver or a waiver of any subsequent breach whether of the same or another provision of this Contract. 28 7.15 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract are hereby delegated by Buyer, pursuant to approval of this Contract by the City Council of Denton, Texas, to the General Manager of Electric Utilities of Buyer, or his designee. 7.16 Expiration of Offer. The execution of this Contract by Seller constitutes, subject to the terms hereof, an irrevocable offer to sell the Property to Buyer. Unless by 5:00 p.m., on May 4, 2011, this Contract is accepted by Buyer by action of the City Council of Buyer, the offer of this Contract shall be automatically revoked and terminated. SELLER: WESTPARK GROUP, L.P., a Texas limited partnership By: Westpark GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Cornpany, a Texas corporation, its sole member By: " Philip A. Batkr, Vice President Date Executed: 7 ~ / /~dG( RAYZOR INVESTMENTS, LTD, a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner ~ , ~ v By: 44'~J Philip A. Bakt~ Vice President Date Executed: 29 BUYER: CITY OF DENTON, TEXAS By: GEORGF, C. CPB L, CITY M?NA sER ~ . ~e~ ~z ► ~ ~ Executed bY BuYer on the daYof 2011. ATTEST: JENNIFER WALTERS, CITY SECRETARY B )atvjo4-' AP OVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~ 30 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of (1) an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forxns promulgated thereunder. TITLE COMPANY: By: Printed Name: Title: Contract receipt date: , 2011 31 A rthur Surveying Co., ~nc. , ~rofessiona.Y Land Sau~veyois. P.O. Box 54 - Lewisville; Teacas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 EXHIBIT A 5.922 ACRES , CTTY OF DENTON, DEN'Y'ON COUNTY, TEXAS BEING a1T that certain lot, tract or pazcel of land situated in the Jotn Davis Survey; Abstract . Number 326, Thomas Toby Survey, Abstract Number 1285 and the James Perry Survey, Abstract , Number 1040, City of Denton, Denton County, Texas, and being a part of I.ot 2, Block A. : Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Flat Records of Denton . County, Texas, and being more particularly described as follows: BEGINNING at a'/z inch iron pipe found at the most westerly southeast corner of said Lot 2, being the northeast comer of Lot 1, Blocle 1, Westpark, an addition to the City of De.nton, Denton C4unty, Texas,.according to ths plat thereof recorded Cabinat C, Page 127 of the P1at Records of Denton County, Texas, said point also being in the west.line of Lot 1-R, Block A, Feterbillt Addiition, an addition to the City of Denton, Denton County, Texas, accor.ding to Ehe plat thereof recorded in Cabinet U, Page 369 of the Plat Records of Denton County; Texas; THENCE Narth 88 degrees 49 minutes 49 secands West, with the north line of said Lot 1, Block 1, a distance of 508.56 feet to a fence comer post at the southeast comer of Lot 1, Blook A of said . : Westpark Addition, Phase 2; TAENCE North Ol degee 20 minutes 3b seconds East, with the east line of said Lat 1, Block A, a distance of 507.89 feet to a%z inch iron rod with a yellow cap stamped "ARTHUR SUXtVEYlNG . . COMPANY" set for corner; THENCE South 88 degrees 53 minutes 19 seconds East, over, through and across said Lot 2, Block A, a distance of 546.80 feet to a%z inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPAIVY" set at the northwesf corner of said Lot 1-R; THENCE South 01 degree OS minutes 41 seconds West, with the west line of said Lot 1•R, -a distance of 50$.40 feet ta the POINT OF BEGINNJNG, and containing 5.922 acres of land, more or less. c:12008\cod1280869 - jim chrisW dme easemeatldocs11008127 5 acre site.doc ~ ~F9[~~) S'Fi'r~e[31v!~.Ji~L.~Y . 5~U2 ~c;:~~ F!r 1' `y.`".`,_~: g.• . r5~-' EXHIBIT A1 16' UtAfty fasement City of Oenton, Texos ~ V l 1287 P 681 o . . g. ~ Railroad Easement Vaa frwo~ 9or724 ~ I I I Rallroasi Spur Easement ' Barw h ~ 8 Vo 55 75, g - ' I I I ~Propose Eusemertt~ (G u - - ~ ~~-~+-•I Right-of-way ' ~ 5/B?R.F. ~ ' I I S 88 53'19" E ~L_ N 01'20'36" E 1121.RS 69.96' Asa' ~ ~ 11r1ORTH 200 0 . 200 Feet Bearing nystem baseQ on the City of Denton G151network. Section 3, Tract 7 Rayzor Invesdments, LTD, Volume 1796, Page 601 Varioble Width E(ectrtc UtiHty Easement, Doc. No.' 2007-20898 f - - 70' ELEC. ESMT. ~ 506.80~ I INsr. No. 2007-2089s ~t/27. RS - - A.S.G" I I + Lot 1 slock A a~o Parr of f ~ ~ ~ I Lat 2, Block A ~ I I Westpark Additioii, Ph. 2. ol Weslpark Addition, Ph. 2 C bi Y ao a net , Page 169 ~ Cabinet Y, Page 169 ~to lAHER pERRY SURVE'r A85'f. 'ri0. fGl.O ~ T TY.OHkS 70BY SRUltf xesftffl. s~ay W 5.922 Acres ! f + N1 I (CM.) F. , t/1'1.R. 518.75' p Z;I;Z~I N 88'49'49" W 590.75' ' N 88 49'49u 'N 508.56' ~ ~ . 16' UtiHty Easement 3 Ctty of Oenton, Texos zo Vol. 1287. Pg. 681 ~ oo. ; p N E/) (aM) c 5/87.R.f. m U3 r io ¢ W W `y LOt 1, BlOCk 1 Westpark Cabinet C, Page 127 AIRPORT . ROAD N F. M. 1515 ui ~ °-_i ri ty:z x «•r M ~ ~ ~ Lot 1-R, B1ock A ;1' Peterbilt Addition 110 Cabinet U, Page 369 I° W . . V.. 1/2'l.P.F. (C.M.) 4 5.922 Acres John Davis Survep, Abst. No. 326 Thomas Tabp _Survey, Abst. No. 1285 James Perry Survey, Abst. No. 1040 City of Denton Denton Countp..Texas \ - 2010 - ~ rthur Surveying Co:, I nc. Professioaal L=d Surveyvzs 972-221 -9439 - Fsx 972-221-4675 220IDm Street Suite 200 - P.O. Box 54 Lewfsvilla, Teuae 95067 % tN20MCOM280B69 - Jn CFWStoI OME Eo5eMnt\tlrp\30081E7_3 aae slteAwp 11/19/20W I0255ISS AM CST EXHIB~"'C B 8 . 1 F I S A rt iur SCo., -nc. 1"!r"fMi~r ~a ~rveyors . P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 2214675 0,451 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certa.in lot, tract or parcel of land situated in tb.e Thomas Tnby Survey, Abstra.ct Number 1285, City of Denton, Denton Counl.y, Texas, and being a part of that certain tract of land deeded to Rayzor Investmems, LTD. and described as Section 1, 'Fra.ct 8; re;orded. in , Valume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more. particularly described as follows:. BEGINNING at a poinrt'in the east liine of that certain tract of land described in deed to Dorothy Nell Cuok, recorded in Volume 982, Page 29 of the Deed Reeords of Denton County, Texas, from which a'/s inch iron rod found at the southeast corner thereof bears South 00 degrees 01 . minutcs 58 seconds West, a distance of 10.00 feet; THENCE Narth OQ degrees 41 minute 58 seconds Ea,st, with the cast line of said Caok tract, a distance of 30.00 £eet to a point for corner; THENCE South 89 degrees 42 minutes 27 seconds East over, across and through said Ra.yzor tract, a distance of 654.64 feet to a poim in the west line of that certain tract of land described in . deed to the City of Denton, recorded in Volume 516, Page 648 of the Deed Records of Derrton Courny, Texas; THENCE South OQ degrees 08 minutes 14 seconds East, vvith the west line of said City af , Denton tract, a distance of 30A0 feet to a point from which the southwest corner. of said City of Deuton tact bears South 00 degrees OS minutes 14.seconds East, a distaiice of 10.00; THENCE Narth 89 degrees 42 nninutes 27 seconds West, 10 feet north of and parallel to the north Iine of said Airport Road, a distance of 654.73 feet to the POINT OF BEGINIVING, and containing 0.451 acres of land, more or less. s z:12008\cad1280869 - jim christal dme easemantldocsllQO9127_esmd2 raycor.doc ~ . , . . . . , . . . , . . .b.:.•',:; . . ~ ~ TABLE LOcV gEARING 30.OC)~ NoD'~a'SR"E 30. • Lt SpQ-pp !4"F L2 . - .r ~ . - 1f 1 _ /JC)fqwrt4 lOD Feet ■ ~ Q ~ 1~~ ~ ~e Ciky ~ ~t- ~n Gls net+io~' eecring ~~m b~~a (~,M ) ~ , ~ . ~ t'~,~',q~+ 1't+d ~ ~~~~vestm~' UyZor ~ yolume 1796,PaSe bQ ,a R.D.C T• (rem~derl ~ "0 Cq ~ s oo.pg'74 a~,,,e,,,` ~ E z iRUC~ , r 1o p0' I• ~ o,4Q ¢r ~ ~~~Y ~ . ~Q.Q0 l.R.F Q - E 4 ti-4' PlOOsEo 50' 654.64. . ' , ~ s9`4 *27~ w ows $9. ` 597.oo 654.73 ~ r~7.~. W , L~ N$$ 42 654.76 ~••a_i~~~qF~.9 ~ 1515 ~ i ~ • (j1 ~ ~ ~ + ' ~ - N 89'42 27 • D • o~T Rp~ _ ~ AI~~, - J S °°,°15 Q,oo' t~~F c.M.) ao 'BU~ . . Re, , t ~~~~~g~439 'the Acres in ~o, , Q•451 su;~ey, ~bst• as TabY Denton Th+~~ c ~A Gount~.' ~exa~ Dent ,.2oAU- . . . - - ~,voO?, ~~n _ EXHIBIT B 30F18 A rt-lur Surveying Co.!, _ nc. ProfessionaY Zand Saix-veyors P.O. Box 54 - Lewisville, Texas 75067 O:ffice: (972) 221-9439 Fax: (972) 2214675 1,720 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS ; BEING all that certain Iot, fract or parcel of land situated in the Thomas Toby Survey, Abstraet Number 1285 aud the John Bacon Survey, Abstract Number 1541, in the Gity of Denfon; Denton County, Texas, and being a part of that certain tract of land describe.d in deed to Itayzbr Investmeuts, LTD., recorded in Volume 1796, Page 601 of the Deed Records of Denton Couniy, Texas, and being more partiaulariy described as follows: BEGINNING at a point in the east liae of that certain tract of land described im deed to the City of Dentan, recorded in Volume 516, Page 648 of the Deed Records of~Denton County, Texas, from which a 1/z inch iron rod found at the southeast corner thereof bears South 0O degrees 0.8 minutes 14 seconds East, a distance of 16.00 feet and being in the north line of Airpork.Road, also _ • known as E.M. 1515, a public roadway; 133ENCE North 00 degrees 08 minutes 14 seconds West, with the east lina of said City of Denton traot, a distanee of 30.00 feet to a point for corner; . : THENCE over, acros'.s and througlz said Rayzor Investments tract the following nine (9) caIls: South 89 degrees 42 minutes 47 seconds East, a distance of 7$.97 feet to . a point for , corner; . North 23 degrees 43 minutes 52 seconds East, a distance of 48.90 feet to a paint for , comer; North 00 degrees 17 minutes 36 seconds Eas4 a distance of 14.70 feet to a point at the be 'nni g of a ctirve to the righthaviag a radius of 1309.50 feet; Continui.ng with said curve an azc Iength of 238.39 feet; having a.delta angle of.10 degrees 25 minutes 49 seconds, whose chord bears North 05 degrees 30 minutes 34 seccmds East, a distance of 238.06 feet to a point for corner; ' North 10 degrees 43 minutes 25 seconds East, a. distance of 333.66 feet to a point at the beginning of a curve to the le$ tiavang a radius of 1030.50 feet; Continuing with said curve an azc length of 1$2.46 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whose chord beazs North 45 degrees 55 minutes 49 seconds East, a distance of 182.25 feet to a point for comer; , North Ol ilegree 08 minutes 13 seconds East, a distance of 33.62 feet to a point for comer; - c:120081cod1280869 -jim christaI dme eacementldocs1i008127 esmt5 iayzorrevised.doc EXHIBiT B 4 OF t8 . A rthur Surve' Co., ying 13'z0fessiona..1 :Z:,and Surareyars P.O. Box 54 - Lewisville, Texas 75467 " Office: (972) 221-9439 - Fax: (972) 221=4675 North 00 degrees 07 mittutes 02 seconds East, a distanve of 1541.14 feet to a goint. for corner; North 75 degrees 33 mi.nutes 35 seconds East, a distance of 31.00 feet to a point in the west line of Lot 2, Block A. Weslpark Addition, Phase 2, an addition to the City of Denton, Denton Couniy, Texas, according. to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas; THENCE South UO degrees 07 minutes 02 seconds West with. the west lina of said Lot 2 arid then continuing with thm westerly luse of Western Boulevard; a public roadway, a distanoe of , 1549.47 feat to a poirit for comer; THENCE South 01 degree 08 minutes 13 seconds West, continuing with the west line of sa.id Western Boulavard, a distance of 33.62 feet to a point at the begirwing of a curve to the right having a radius of 1120.50 feet; THENCE continuing with said curve an azc length of 187.48 feet, having a delfa angle of 09 degrees 35 minutes 12 seconds, whose chord bears South OS degrees 55- minutes 49 seeonds West, a distance of 187.26 feet to a point for corner; ` TSENCE South 10 degrees 43 minutss 25 seconds West,. continuing with the west line of saaid Western Boulevard, a distance of 333.66 feet to a point at the beginuing of a curve to the left havig a radius of 1274.50 feet; 'I'SENCE oontinwing with said curve an arc Iength of 232.93 feet, ha.ving a delta arigle- of 10 degrees 25 minutes 49 seconds, whose chord bears South OS degrees 30 minutes 30 seconds West, a distance af 232.60 feet to a point for corner; ' TH.ENCE South 40 degrees 17 minutes 36 seconds Wast, continuing wifih tU,e wes# line of sa.id Western Boulevazd, a distance of 16.92 feet to a point for corner; _ THENCE 5outh 23 degrees 43 minutes 52 secands West, continuing with the west line of said Westem Boulevard, a distance of 74.81 feet to a pbint in the west line of said Western Boulevarcl; THENCE North 89 degrees 42 minutes 47 seconds West, over, across and through said F.ayior Investments tract, a distance of 98.44 feet to the POl1VT. OF BEGINNING, and containing 1.720 acres of land, more or less. . - . . _ .t i 9 A, h h/v~ 't[rn,~C.". 1J ' p~ ~1 ! ~ b / ~ •~~~~•~'Cl k. a EB ~4. . .,'.4=~ c'• SaSti?.: . c1Z0081cod1280869 - jim christal dme easementldo0s11008127 esmt5 rayzor rcvised.doc ~ EXHIBIT B. 50F18 ~ d 0" ad .I Up~ Q i ~ NORTH ~ ~ 100 0 100 Feet } 1-4 V--4 tn ul Bearlnq syatem boaed on the City ef Denton CIS network. Z o ~ •a ~ , . U H D . Rayzor Invesiments, Lt@. 1.~ z j ~ U Volume 1796, Qage 641 N D.R.D.C.T. JONN ERCOFI SURVER, R$a7. MO. 1561 W ~ T:;aHKs roet sUrIvev ansT tao =zes 0 j~ 1 I ~ I , , . . O 14 w ~ . ~ ° ~ r . 0 0 iZ (n #~~~~~ry I ~aPO ryp0~ ' I ' ; 1 a~ I I J ~ . Co. ~N N d~-c0 = o ON Raywr Invesfinents, Ltd. ao _ T;N N o~ Volume 1796, Page 601 D C D R T ~ . 1 . . . . U . o ~ ) 5 F. /B~ MATCH LINE~ ~ ~ . {aMj ~ . Y 1.720 Acres in the 'John Bacan Survey, Abst. Na, 1541 Thomas Tobp Survey, Abst. No. 1285 City of Denton Denton Caunty, Tezas - 2010 - : rthur Surveying Co., Inc. Professioxtal Laad Surveyors 972 22Y -9439 Pat 972 221-4675 220E1m Stne; SW[o 200 - P O Box 54 uNE L1 L2 L3 L4 LS L6 L7 L8 L9 00 (D 91~ p'' U A ~c A o n p„~3 U ~A ~ DOC ~f (aM) ~ ~ - t-----, ~ ~ ~TCH LINE W ~ ~1c°~- 16 Co 1+0 I a' Mj N O ~ . (o' O o a Q'~ Q o M ~ cri 0 co ~ z IV) N M , N ~ p) N , ~ -►N *N ovo.~ .r) I lo~o,~ ~ II ~ ~ a'O 4~ r ^ O N~ ~ Z ~ z3~o~ ~ ~ ; Al J ~1-- ^ - NB9'42'47"W~ I v ; 1251.76' - - - fL10 -F ci.RF 9'ZF - 16' U71LP.8 ESMT ~0 ' TP drL ES T GD. /ll ` Gf~. (V.1221/50f gV.911%P.894~' J lf Jv AIRPDRT rROAD ~ F-M. 1515 LfME TABLE @EARING N00'08't4"W SB9'42'47"E N23'43'52"E S0P17'3B"W N01 OB'13"E N7533'35"E soi roa'~ s~w 500'17'~6"W S23'43~52^w uo I Ne9•42'47"w Lewlsvi]Ie, Twras 75067 Ll1 I sooros'? 4°E L1\2008\COII\E80869 - Jh qtrlatn( DXE Eesenent\q~vpVOGW27_esni5 Rnyzor revLSed.drp 10/25/20I0 3,01-E3 PN CDT LENGTH 78.97' T ~ ~ . ' 48.90' I 1 f~ . ~R~ ~j~ 10.70' ~ '~~•.CS}~~. 33.6 s1.oo ~ , . . _EY {61 33.62' . Yt~. ( ~ . . . . ~a.s2' I C 74.st' I ~ • ` ~ •;!,o 10~~ . 98.44, I ~~SS C„td ts_oo' ~ 1~~ .S(Ja~" ~ \ V I"' ~ exHiBir s 6OF18 . A rt-lur Surveying Co., c nc. . Professiona:Y .Laxd Sauveyars. P.O. Box 54 - Lewisville, Texas 75067. Office: (972) 221-9439 -Fax: (972) 221-4675 . 2.667 ACRES , CIT'Y OF DENTON, DENTON COUNTY, TEXA5 BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract _ Number 1222 and the John Bacon Survey, Abstract Number 1541, City af Denton, Denton County, Texas, and: being a part of that certain tract of land, desoxibed in deed 'to Rayzox Tmvestments, Ltd., Se.ction 1, Tract 7, recorded in Volume1796, Page 601_ of the Deed Records af Denton Couniy, Texas, and being mora particularly deseribed as £ollows: BEGIlVNING ax a point in the east line of that certain tract of land described in deed to Ed Wolski, Trustee and Virginia Fryman, recorded in Volume 2895, Page 470 of the Deed Record.s of Denton Counfy, Texas, from which the northeast cozner thereof bears North 00 degrees 15 • minutes 52 seconds East, a distance of 55.00 fee4 being in and near the centerline of Jim Christal ~ Road, a gublic roadway; . 1HENCE over, through and across said Rayzor Invesiments tract the following six (6) ealls: . North 89 degtees 43 minutes 31 seconds East, a distance of 394:57 feet to a point for conaer, ' - South 04 degrees 31 minutes 20 seconds East, a rlistance of 338.80 feet to a point for - conuar; . - North 85 degrees 28 manutes 40 seconds East a distance of 311.18 feet to a point for corner; _ North 04 degrees 31 minutes 20 seconds West, a distance of 131.33 feet to a point for comer; ..North 40 degrees 28 minutes 40 seconds East, a distance of 216.29 feet to a point for comer; North 89 degrees 43 minntes 31 seconds East, a distanee of 595.05 feet to a point in #lie west line of Western Boulevard, a pubEc roadway; THENCE with the west 1inB of said Westem Boulevard the following nine (9) calls: South 40 degrees 33 minutes 19 seconds East, a distance of 2,54 feet to a point for . comer; . ~ • South Ul degree 09 mi.nutes .14 seconds West, a distance of 337.07 feet to a poinf for corner; c:120081cod1280869 - jim christal dme easementldocs11008127 esmt7 rayzor.doc , ' . • ~ _ . _ . . . . , , . EXHIBIT B 7 OF 18 Y• ~ rt-lur Surve in - Co., ~ nc. A ' Professional X.a.ad SzzY-Veyo.zs . ' P.O. Box 54 ~ Lewisville, T'exas 75067 , Office: (972) 221-9439 - Fax: (972) 221-4675 Soutb 04 degrees 33 minutes 24_ seconds "East, .a distance of 201.00 feet to a point for . comer; South 01 degree 09 minutes 14 seconds West, a distance of 80.14 feet to a point at the ' beginning of curve to the left having a radius of 1267.50 feet; Continuing with said curve an arc Iength of 642.73 feet, having a delta angle of 29 degrees 03- nninutes 14 seconds, whose chord bears South 13 degraes 22 minutes 23 seconds East, a distance of 635.86 feet to a point for comer; . South 27 degrees 53 minutes 57 seconds East, a distance o£ 393.57 feet to a point for comer; Soutb, 22 degrees 11 minutes 21 seconds East, a distance of 50.25 faet to a point _for , comer; South 27 degrees 53 minutes 59 seconds East, a distance of 159.75 feet to a point at the beginning of curve to the right having a radius of 1127.50 feet; Continuing with said curve an arc length of 4.42 feet, having a delta. angle of OO degrees 13 minutes 29 seconds, whose chord beazs South 27 degrees 47 minutes 16 seconds East, a distance of 4,42 feet to a point in the west line of Lot 2, BIock A, Westparlc.,Addiiion;: Phase 2, an addition to the City of Denton, Denton County, Te7cas, according to the canveyance plat thereof recorded in Cabinet Y, Page 169 of the P1at Records of Denton County, Texas; 1'HENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a distance of 67.86 feet to a poiut at the beginning of a non-tangent curve to the left having a radius of 1097.50 feet; THENCE over; through and across said Rayzor Investments tract the followiag fourteen (14) calls: Continuing with said curve an azc length of 64.37 feet, having a delta angle of 03 degrees 21 minutes 37 secands, whose chord bears North 26 degrees 13 minutes 12 seconds West, a distance.of 64.36 feet to a point for comer; North 27 degrees 53 minutes 59 seconds. West~ a distance of 161.24 feet to a point for corner; North 22 degrees 11 minutes 21 seconds 'OVest, a dista.nce of 50.25 £eet to a point for corner; c:120081cod1280869 - jim christal dme easementldocs1I008127 esmt7 rayzor.doc EXHIBI7 B 80F18 A rt . -1ur S.urveybg Co., ~ nc. P~-ofessiv.zza.Y Zand SrJrveyors P.O. Box 54 - Lewisville, Texas.75067 Office: (972) 221-9439 Fax: (972) 2214675 North 27 degrees 53 minutes 59 seconds West, a distance.of-392.07 feet to a point at the begfnning of a curve to the right having a radius of 1297.50 feet; Continuing with said curve an arc length of 657.94 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord beazs North 13. degrees 22,minutes 23 seconds West a distance of 650.91 feet to-a point for comer; ' North 01 degree 09 minutes 14 seconds East, a distance of 7845 feet to a: ppint for corner; North 04 degrees 33 minutes 24 seconds West, a distance of 201.00 feet to a point for comer; North OI degree 09 minutes 14 seconds. East, a disiance of 309.75 feet ta a poinf for - comer; South 89 degrees 43 minutes 31 seconds West, a distanee of 552.23 feet to a point for corner; Soutb; 40 degrees 28 minutes 40 seconds West, a distauce of 190.12 feet to; a point for corner; . South 04 degrees 31 minutes 20 secands East, a distance of 14$.90 feet to. a point for . corner; . Soutti 85 degrees 28 minutes 40 seconds West, a distance of 371:18 feet to a point for comer; North 04 degrees 31 minutes 20 seconds West, a distance of 340.94 feet to a point for comer; Soutlt 89 degrees 43 minutes 31 seconds West, a distance of 367.00 feet to a point in tha east line of said Wolsld tract; THENCS North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolski tract, a distance of 30.00 feet to the POIlVT OF SEGINN]NG, and containing 2.667 acres of land, znore or less. / ~ c:120081cod1280869 - jim cfuistal dme easementld0cs11008127 esmt7 rayzor.doc 7.'=- .:.-rFrt` I~'Y:•fiff a e ~ . ..y..s~ - ':r..::.. % i JUJG~~Vt t'z 'GFFBBE~ ~O~ E9 OFI186 . .QWJ1L NORTH 300 0 . , 300 Feet r ; Bearlnq system baced on the City of Denton GIS network. John D. Davis ! ~ - . (Vo1.1115, Pg. 141) ~ I . N891 5 33•w JIM CHRISTAL RDAD I.R.F. ~ Y _r 394.5~ PRDPOSED 20' 0.N^E EASEA}ENT M (C.M.J~, L3 ~ I . . -"N89 43.3.1 E- 595.05='~;s S89 -43'31 'W 95123' ~ • ~ I t I . 367.00 m a44 w o-d. ~ ~ ~~~►a i. i PC"°~ ~ N4moi S~ r~ + . ;i °.d.l . in ,~»E ~ Pad#7H ' ° rol ~o L,: ,3 . N$5'26 ~ Eagleridge Energy, LLC v~ . ~ z 3U.1$ No. 2010-70722 Z " :a . ^ 3 W ~ f ~ ~ ss5~2s 4oww . . . -a L .d I 371.18' N o ~ o~'~ •x o~'.r N R~ ,S 4 a Z o ,Nr, ~ E" ! . pp ~N Section 1, Tract 7 . ' `fi , . ~ ? I ~ Rayzor Investmants, Ltd. ~ LINE TABLE , 1 • Ol. 1796, Pg. GOl) - N-4py 10,-,4D s 11 . I ~ UNE 1 BEAR(NC ' 1 LENGTii I_x . . , r L7 I~I Q ' ' V 7 .33' O [T~.r W I , . . ' . L7 1 s~a'~,~,'tQ•F f ~.S}'1 , ~ ~ C4 I ~~•P sq~ro9'ta•yv 1 so.~a~l A e6N i ls I ~2pY~ • i.SO.2s' ~ . 0~1 EF►'~ , ~ ~ ' L6 I 527'S~.54'E I 189.75' I ~,~_;O - y L7 1 S00'np2"t_I 87.86' I ~ L8 1 N2?53'S9'ly I 24' . Le I niz~~1•~r^"w i sQ.2s• -L70 1 N0t'0994'E I 79.65' i L11 I S40'29'40_W I 790_12' 1 . u2 ' . I . L73 I NDO'15'~ 3 0' • y _ , ~ ~ ; . .I . ~ 1' U4 ~ NnOMS'52'e 55.o L15" 1 NW331 79`W I 6259' ' / I ' ~ i cuRVE raacE I CURVE 1 RADlUS 1 LENGiH I DEL7A f CND BRG I CHORD ~ fj ~ *FG' • n~ N~ (n I Gl 17127.50 4.42' 1 00Y378' I $2747'16`E I 4_42• 'I C2 17697,5lyI 64_37• I 03'?11J7' 1 N26'13'19"W I R4_ R'' i...:.. ..:.3. 1•~ N• A ' i ~ ~t~•} ~ • :...v: f. ~ r~ rtT ~ . ~ ~ . ~co cl . x - - - - - 30' Easement cz . 2.667 Acres in the, rthur Surveying Co John ~nC, Scott Survey, Abst. No. 1222 , t ' John Bacan Sur'vey,' Abst. No. 1541. Professional Land Surveyors ' City of Denton 972Z21v439 - Fat972-221-4675 Denton Countp, Texas ' 220 ah, stwe4 saito aoo r.o. Baxs4 ~ - 2oi o- uwjSriuq, 7'e3ras 75067 ~ ; a\200e\e0a\2e0W9 - aIn cnrria ave co..m.neW.q\1oo3127~.na xay.r.a.o 10/23/2010 A33:05 PM mT ' , . - .._..,_pJ~~=4:,..,..:.r.i,•i~.._.. 70 OF' 78 rt_~ur Su~veying Co., ~ nc. Prafessionay .~axzd Surve~ors P.4. Box 54 ~ Lewxsville, Te~cas ?5067 Office: (972) 221-9439 ~ Faac: (972) ~21-4675 4.024 ACRES . CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or pazcel of land situated in the J. Bacon Survey, Abstr~.ct ~ Nnmber 1541, City of Denton, Denton County, Texas, and being a part of that certaau traet .of Iand described in deed to Rayzor Investments; LTD., Section 1, Tract 7, recorded in Voiume , 1796, Page 60~ of the Deed Records ~of Denton County, Texas, and being more particularly described as follows: ~ COMIVV~NCING at the northwest corner of Westpazk Ad.dition, Phase 2, an addition to tlie City of Denton, Denton County, Texas, according to the conveyance plat thereof recozded in Cabinet : Y, Page 169 of the,Plat Records of Denton County, Texas, from which the northeast co~rner of : said Rayzor Investments tract bears North 00 degrees O1 minute 06. seconds East, a dist~nce, of ~ 29.97 feet, being in and near the approximate ceriterline of Jim Christal Road, a public roadw~y; . TS~ENCE South 00 degrees O1 minute 06 seconds West, with the west line of said Wesipazk Addition, Phase 2, a disYance of 45.OU feet to a point foz corner; - T~NCE South 89 degrees 43 minutes 30 seconds West, pver, tl~rough and across said Rayzor Iri'vesime~ts iract, a distance of ~1$8.56 feet to the PQINT QF SEGllVNIl~TG; . ~ TF.~ENCE South. 00 degrees 16 minutes 30 seconds East, continuing ovez, througb. and .across said Rayzor Tnvestments tract, a distance of 30.00 feet to a point for corner; ~ TSENCE South 89 degrees 43 minutes 30 seconds West, continuing over, through and across said Rayzor Investments trac~ a distance of 39.06 feet to a point in the east line of Westem Boulevard, a public roadway; ~ ~ ~ T$~NCE North 01 degree 09 minutes 14 seconds East, with the East line of said Westarn Boulevarci, a distance of 15.64 feet to a point for aorner thereof; THENCE Nortb. 45 degrees 19 minutes 51 seconds Eas~ continuing with the east Iine of said Westem Boulevard, a distance of 20.53 feet to a point for corner; THENCE North.89 degrees 43 mintrtes 30 seconds East, over, througli and aczoss said Ra~zor Invesfiments tract, a distance of 24.00 feet to the POINT OF BEGINNING, and containing 0.024 acres of land, more or less. , c:120081cod1280869 - jirn christal dme easemerrtldacs11008127_esmt8 rayzor.doc f~~ ~c`~t i ` . ~ . r► ~ lE~~ ';.F,~l'~tEt ~ _ ......,..~e ' ~ .ti 5~i.~'~ v,t~,, g~F~ss~~:~`' 9% ~~~,~c;~ ~ E sI 1 O18 / I LINE TABLE ~ - - - ~ I LINE I BEARING ni oR-r H ~ L, I Noo.a1.Q6"E I L2 I S00'32'00"W 50 0 50 Feet Bearing aystem baced on thn City of Denton G15 network. . ~ I LENG7M ~ I 29.97' ~ I 23.?.5' I , ~ ~ Dianne Davis Atldnson, Jack D. Atkinson,. Wallace E. Davis, Jr. and Mary V. Davis I R,F. G. ol, 61 P 430 ~ g• ) ~ N8923:31 °E N • 156.90' - - - - y -p JI11I CHRIST.AL ROAD 7 NB92331"EE0.4 ~ q N89 43'30"E f ~ ~ ~ ' . . . ~ 24.00 N . ~.~F E ~ N N45'19'51 "E ~ p 20.'rJ3' - -O u7' ' B 675.35• \R.O.W. DEDICATION (CAB. Y, PG. 169) ~ d- PROPOSED 20' D.M.E. EASEMENT O V) Z O j - - - - - - W S89'43'30"W 188_56' ~ry ----jS00'16.'30"E ° id 30.00' 8 - ~Y, - - - z S 3'30°W EASEMENT 08' 39 ~~~~q~o ~ . 0.024 ACRES ~ Section 1, Tract 7 Rayzor Inyesiments, LTD. ~ (VoL 1796, Pg. 601) ~ ~ ~ .:•r1~ ~ EEj~ •;F~ 0.024 Acres in the J. Bacon Survey, Abst. No. 1541 City of Denton ~ Denton Countp, Texas ~ -2010- c\aane\oon\aeoaeo -An WOa ous ta.emHkW.o\iaoetnl.nee aonor.a.o 10/25/2mo ise:as rM mr •~it ~/~/~y ; .•Ir~ ~r,~•,5~ y ~ G ~•y. . rt-lur Surveying Co., - nc. Professronal Larid Survey+ars 972 221-9439 - pax972-22I-4675 220 Elm Sumet, Suite 200 P. O. Sox 54 Lawisvilley Texas 75067 ~ . . . . ~ EXHIBIT B 12 OF 18 . rtlur Surve1lng Co., -nc. . Professiona..Y Za.ad Surveyors . . P.O. Box 54 - Lewisville, Tekas 75067 Office: (972) 221-9439 ~ Fax: (972) 221-4675 0.343 ACRES CTTY OF DENTON; DENTON COUNTY, TEXAS BEING all that certain lot tract or parcel of Iand situated in tbe John ScottSuraey, Alistraet ` Number 1222 and tha Jobn Bacon Survey, Abstract Number 1541, City of Denton, IDenton County, Texas, and being a part of that certain tract of Iand described in deed to Rayzor. Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly deseribed as follows: BEGIlVNIING at a point in the east line of Westem Boulevard, a public roadway, said point also being in the east Iine of said Rayzor Investments tract and the wast line of Lot 2, Block A, Wesipark Addition, Phase 2, an addition to the City of Denton; Denton Couniy, Texas, according to the conveyance plat thareof recozded in Cabinet Y, Page 169 of tlie Plat Records o;f Denton County, Texas and from which the southwest corner of saidLot 2 bears Soutli 00 degrees 07 ' minutes 02 seconds'West, a distance of 4756.01 feet; : THENCE with the east line of said Western Boulevard the followi.ng five (5) calls: , North 27 degrees 53 minutes 56 seconds West~ a distance of 293.12 feet to a point_at the beginning of a curve to the right having a radius of 1132.50 feet; , Cantinuing with said curve an arc length. of 574,27 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23 seconds West, a distan.oe af 568,14 feet to a point for cornez; ' North 01 degree 09 minutes 14 seconds East, a distance of 125.15 feet to a point for corner; North 06 degrees 51 minutes 52 saconds East, a clistance of 201.0 0 feet to a point for._ corner; Narth Ol degree 09 minutes 14 seconds EaA a distance of 313.98 feet to a point for . comer; THENCE over, through and across said Rayzor Invesiments tract the following six (6) calls: North 89 degrees 43 minutes 30 'seconds East, a distance of 10.00 feet .to a point for corner; Sout12 01 degree 09 minutes 14 seconds West, a distance of 314.73 feet to a point far comer; c:120081cod1280869 - jim christfl dme easementldoes\1008127 esmtl0 rayzor.doc 13HOF 18 A rt_lur Surveying Co., ~ nc. F'rof~-xona.Y Zand Saz-ve7oxs , P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 -r Fax: (972) 221-4675 , South 05 degrees Sl minutes 52 seconds West, a distance of 201.00 feet to a point for ` corner; , . South Ol degree 09 minutes 14 seconds West, a distance of 124.65 feet to a point at the beginning of a curve to the Ieft having a radius of 1122.50 feet; Continuing with said curve an arc length of 569.20 feet,. having a-delta angIe of 29 degrees 03 zninutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 563.12 feet to a point for corner; South 27 degrees 53 minutes 56 seconds East,, a distance of 274.33 feet to a point in the - west line of said Iot 2; 7'SENCE South 00 degcees 07 minutes 02 seconds West, with the west line of saad Lot 2, a , distance of 21.29 feet to the POINT OF BEGINrTIlNG, and containing 0.343 acres of land, more or less. , , . • • _ ';'~Sf4,~` ' . .;~•i'~: ' i ; • : , 't'~`t: ~``;FJ~,4;:~~ • . , . •ti~w' _ \ - 020081cod1280869 - jim christal dme oasementldocs11008127 esmtl0 rayzocdoc ~}IIBIT B \ " • ~14 OF 1$ • RpAD ~ JINf. CHRIST - - - ~ lGAL,21"25;~7;••~.. . NoF%~ 2(10 253 0 s8~ w ~ the City of Denton 015 netwark- . W ~ fi , BecrMg SYsta^ b°sed on ~ 1.1NE TAB.LE ~NGTtt UNE ' BEARtNG f 125.15' 1 ~ O ~ L, . woVos'v*';F L2 I 124.85. Z 0 ~ 501'09'14.°w 21.29' 1 9-4 L4 . c~pp'07'02ww LU ~ ~ ` ~ ~ ` • !04 N ° a o ..+n i. U) N (o O cn N i ~ ~ o , , E-i n- . - . ' . H ; Secti Tradmentsl ` ~ ~ ~ `y RaY~°r In p601) (Val. I796, g• 1 , ~ 11~ c,~►-' ~ , N Nkk ~ N : . IF~~~~.i'r~`~4'_t~r;~•, ~ ` NN N N O • . ~ 41 - , ~:~1~•~=f.,~ kk NO~ (.A s~w ~ ' . . ~ o , ~ ~a,~ ~a.+ . . p ~ P•~ . ~ . • r~~ " L 0% ' ` ~~a.o. ~ . S~~ . . sa3 ~a.,se'ment the . 0.343 Acres. ~ 1222 . ~ John Scatt Survee, t AAbbs st Na. t. No. 1542 Jahn Bacon Suof Denton City Texas - ~ Denton County~ o ~ . _ Zo1o-- a~ Cp., Inc. r~ 111T sufveylllg ~ S$s-4z'27~~E d 1482.98' ~ L~ ~ profession ~ Fa7[ 972-~1~5 (C.M.) C 7 2 943s p p, g°X 54 220F1m Sue°k Ssute 200 ~R,ysv~le, Tcxas 7505'1 ~cm pvf.W 0~ Ee~rmnt~A~S\~~oet27~M^ew AoY~•a"y 1~5/@Of0 «ia:P4 PM COT . . . ' ~ li . .J . i 1SNp 1$ rthur Surva-I i ng Ca., nc. F'raressionallLaad Sus•veyors P.O. Box 54 rv Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 0.302 ACRES CITY OF DENTOIV, DENTON COUNTY, TEXA5 BEING all that certain lot, ;tract or parcel of land situated in the John Scott Survey, Abstract Numlier 1222, , iu the Ciiy of Denton, Devton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Inveslments, LTD., reoorded in Valume 1796, Page 601 of the Deeii Records of Dentoo Couniy; ; Texas, and being more perticularly described as follows: COMMENCiNG from a%z inch iron rod fovnd in a corner clip in the west line of Western Boulevard, a public roadway; THENCE South 40 degrees 33 minutes 19 seconds Last, with the west line of said Westem Boulevard, 'a distance of 36.38 feet to the POINT OF BEGIlNNIlVG; THENCE Sonth 40 degrees 33 mimtes 19 seconds East, continuing with the west line of said WeStem Boulevard, a distanoe of 13:11 feet W a pourt for carner; ' THENG'E South 89 degrees 43 minutes 31 seconds West, over, through and aeioss said Rayzor tract, a clistance of 784.22 feet to a poiirt for corner; TSENG'E South 00 degrees 16 minutes 29 seoonds East, wntinuing thmugh said Rayzor tract, a distance of 10.00 feet to a point for oomer; T'HENCE South 89 degrees 43 mimites 31 seconds West, continuing through said Rayzor tract~ a distance. of 267.75 feet to a point in the west line of a Surface Easement to Eagleridge Energy, according to the Second Amendment to Surface Easement Agc+eement recorded under Insirument No. 2010.70722 of the Official Public Recflrds of Denwn County, Texas; THENCE North 44 degrees 31 minutes 24 seconds West, with the west line of said Eagleridge Energy easemeut, a diswnce of 20.06 feet to a point for comer, THENCE North 89 degrees 43 minutes 31 seconds East, over, through and across said Rayzor tract, a distance of 1044.98 feet to the POINT OF BEGINNIlNG, and containing 0.302 acres of land, more or less: z;120081aod1280869 - jim christal dme easementldocs11008127 esmtl3 rayzor.doo ~ - - NORTH 2.00 0 200 Feet Beoring systam based on the City of Denton G13 network. E~~~~ia John D. Davis (Vo1.1115, Pg.141) T, JIM CHRI3T'AL RDAD Xu) • S89'43'37 "W 2336.65' L5 0• ,arw FM --3 - ~ (c.M.) 5R. O. JR. L6 N89 43'31 "E 1044.98' I.R.F. ~4 • ~ S89'43 31 "W L2 4 89 43 31 ~W_ 784.22 L1: . 267.75 ~ PROPOSEp 3p' EASEMENT-' 1 & RIGHT'-OF-WAY 7] ~ I ~ Pad F7H' ~ - EASEMENT EoglerTdge Energy, uc 0.302 ACRES Inst. No. 2010-70722 (Surfoee Lease Only) ~ o r ~ a '1r---.~--- - - $BCtt'tOll :l, Tl1Ct 7 I ...1 Rayzor Iaveslmmts, Ltd. (Vol. 17915, Pg. 601) ~ w ¢ v UNE TABLE LINE 1 BEARING I LENGTH I ~ ~ 11 I S40'33'19"E I 13.17' I I L2 I Sd0'16'29"E I 10.0c)' 1 ~ L3 I N04'31 '20"W I 20.06' V*AS L4 I S40'33'1 9"E I 36.38' t L5 ~ N70'19'28"E I 27J2' ~ L6 I . N04'31'20"W I 23.38' I ~ . Easement A I't_luI' Surveying CO -I1C: 0.302 Acres zn the John Scott Survey, Abst. No. 1222 Prnfessionol Laud Su.rveyors . City of Denton 9M-221-94" - Par 972,.221-4675 . Denton County~ Texas .220 Eb. sOW4 stdre 200 - P.O. Box 54 J ~ - 2010 - LawiaviIIey Teaea 75067 ~ a V.ow\~\~o -.~n am~a ae Fn.r~t~aVOaist.e.nna Ro~er.un +r~iazR4s AU Csr t . . . . ; . . : . _ _ . - ~ J EXHIBIT B 17 OF 18 A rt-iur Surveyi'ng Ca.; _ nc. ]Professioua3 Land Sur6Teyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 0.009 AG'RES CITY OF DENTON, DENTON COUNTY, TEXA3 BEING all that certain lot, tract or pazcel af land situated in the John Scott Survey, Abstract ' Number 1222, Cxiy of Denton, Denton County, Texas, and being a part of that certain tract of Iand described in'deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page .601 of the Deed Records of Denton County, Taxas, and being more partiCUlarly described, as follows: • COMMENCING at a point in the south line of that certain tract of land described in deed to 7obn D. Davis, recorded in Volume 1115, Page 141 of the Deed RecorcTs of Denton County, Telcas, being in and neax the approximate centerline of Jim Cbrisfal Road and in the west iine of ~ VETestezn Boulevard, a public roadway and from which a PK Nail. fouud at the southwest corner of said Davis tract bears South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet; THENGE South 10 degrees 19 minutes 28 seconds West, with west line of said. We5tem Boulevard, a distance of 27.72 feet to a l~ inch iron. rod with a yellovn cap stamped "ARTHUR SURVEYING COMPAIVY" found for comer; THENCE South 40 degrees 33 minutes 19 seconds East, conti.nuing with the west line of said Westem Boulevazd, a distan.ce of 49.48 feet to the POIlVT OF SEGIlVNlNG; THE11iCE South 40 degraes 33 minutes 19 seconds East, with tha west lin.e of said Western Boulevard, a distance of 13.11 feet to a point for corner; THENCE over, through and aemss said Rayzor Investments tract the follawing three (3) calls: South 89 degrees 43 minutes 31 seconds WesE, a dzstance of 39.32 feet to a point for , corner; North 40 degrees 33 minutes 14 seconds West, a distance of 13.11 feet to a point for comer; North 89 degrees 43 minutes 31 seconds East, a distmce of 39.32 feet to the P07NT UF BEGINNING, and containing 0.009 acres of land, mora or less. . ~ . _ c:12008\cod1280869 -jim cIuistal dme eesemenfldocs11008127 esmt12 raycor.doc . . ~ 18HOF 18 urvL I HGLt UNE I . BEARWG ~ LENGTH ' - ~ U I 54033'18"E I 13.11' I ~ ~ ~ ~ ~ L2 I N4D33'19"W I 13.11' 1 / . / 300 0 300 Feet Bearing system bosed on the City of Denton GIS natwork. JQhn D. DaviS • (Vol. 1115, Pg. 141) S89'43'31"w 2336.65' c Px NAn FND. ' - o> ~ N . . JI1Vl CHRISTAL R4AD A.SC.NXY.) 30'EASEMENS- . 0.009 RChES (78943`31 PROPOSED 20' D.M.E. EASEMENT 39.3Z~ ~ S89"43'31 "W q , 39.32' ~ . PROPOSED 30' EASEMEN7 dc R1GHF-OF-WAY r4' . I' - ~ o W 3 ~ > - o ~ Section 1, Tract 7 ~ Ra. or Investments, Ltd. (VoI. 1796, Pg. 601) . . - _ I < La I ~ . - ~ ~ , ~ . . 30 Easemen t A rt lUr Surveying Co., Inc. " 0.009 Acres in the John Scott Survey, Abst. No. 1222 FrofessionaX Land Surveyors City af Denton 97222I-9439 - Fas972-221-4673 ' Denton County, Texas ZzoMm s"eK suite aoo P o. Box 54 - 2010 - ZewisviIIe, Traas 75067 ~ ~ ' q\2o0E\fo0\2lN60 - Jlm Chhloi OME Ea%-!\Ex0\10D127Jrnk12 Nnyaor.drp +1/111/2070 a;omai ~u csr , ' ' . , . _ ~.w,.~ - . __~-.~_-•'_'G...:. 1 . EXHIBIT 61 1 OF 9 A rhur Surveying Co., ~ nc. Fr-ofessional.1:,a.nd Sucve,yors ' P.O. Box 54 - Lewisville, Texas 75067 Qffice: (972) 221-4439 Fax: (972) 221-4675 0.025 ACRES . , . CITY OF DENTON, DENTON COUNTY, TEXAS BE1NG all that certain lot tract or parcel of land situated in the Thomas Toby Survey, Absfract: Number 1285, City of Denton, Denton County,; Texas, and being a-part . of I;ot 2, Block- A, VVestpazk Addition, Fhase 2, an addition to the City of Denton, Denton County; Texas, according to the plat.thereof recorded in Cabynet Y, Page 169 of the Plat Records of Dexiton. Coun,ty; Texas, ' and being more particularly described as foIlows: : BEGINNWG at a%s inch iron rod with a yellow cap stamped `ARTHUR SURVEYlNG " COMPANY" set at the most southeast ccuner of Western Boulevard, a public roadway and being ..ut the north line of Aiuport Road, also known as F.M. 15 15, a public roadway; . •'THENCE North 44 degrees 42 minutes 24 seconds West, with the east line of said Western Boulevard, a distance. of 42.43 feet to a%z inch iron rod with a yellow cap stamped "ARTHUR STJRVEYIIVG COMPANY" set; THENCE North 00 degrees 17 minutes 36 seconds East, continuing with the east line of said Westem Boulevard, a distance of 21.00 feet to a point for cor,ner; THENCE over, across and through said Lot 2 the foRowing two (2) calls: Sauth 89 degrees 42 minutes 24 seconds' Easf; a distance of 30.00 feet to a point for: . -.corner; South OU degrees 17 minutes 36 seconds West, a distance of 51.00 feet to the POINT OF BEGT1VNiNG, and containing 0.025 acres of Iand, more or less. 020081cod1280869 - jun cfuistal dme easemenildoos1I008127 esmt4 westpark addn.doc ~ EX2 OF 9S1 ~ . _ 30 NO~TH 30 Feet . - ~ Beoring system based on the City Af Denton GIS network. ' I - Lot 2, Block A Westpark Addition, Phase 2 - ~ Cabinet F, Page 169 . . . ~ . P.R.D.C.T. I . m 16' U7ILITY ESMT. - (V.1227%P.850)- I ~ J. y - - - - 1 5/8"LR.F.Q . w - - - ~s ~ ~ j CA r ' ~-~.~QWNT~ `I ~ S89 I 2'24"E I 0.025 ACRES 'ESYr. 30.00p ~ yog~ 9}1T.P~*894 o w ~ ~ °z t ~ . co j I ~rPORARY O tn0 ~ ti fl) O C N EASEMENT O r d C1~' i1.SR~ DRAINAGE ESMT. ~ . C/) p 1%1'LR.f , Cp o . INST. N0. .2008-323.31 ~ . n ~o . sr3r 2•\ ~n 1e• unun EsMr. - (v.1221/P.e5o) A.SC.' A- - • . 112 "I.R.F. ~ ~I.RF.. . _ ~ _ N89 •4z'z7"w ~ . 293.07' AIRPORT. ROAD F.1VI 1515 ' it - ;r.%gT~ ~►^e', ~ , : ° • . . Easement - - - --0.025 Acres ~ the r1~ur S.~g:~'~„~u~ ' C. A 7 Thomas Toby Survey, Abst. No. 1285 Frofessional Land Surveyor,~ Czty of Denton 972221-9439 - .Aax972-22Y-467S Denton County, Texas zzo,sm. sar-04 szute zoo P.O. Box 54 ' - 20'10 - I.ew74viIIe, Taxaa 75067 0\COO5\C00\2BOfifi9 -.Hn pfrlstnl'LNE Eqi~nlrK\tl~p\IOOB127_esnS4 VestpafVf AtltlM1tlvp t0/E5/E01O 2s005 PM CpT ' . . , , - ~ , . , . . . ~ . ~ „ , , .:v.. ; . ir.n~:. ~.:,i ~ , . . . . , . . . L EXHIBIT 61 30F9 A rt_lur Surveying Co., -nc. 17ro~'essional I.l=d Surveyors . P.O. Box 54 Lewisville, Texas 75067 Office: (972.) 221-9439 -Y Fax: (972):221-4675 1.415 ACRES . .CITY OF DENTON, D'EN"TON COIINTY, TEXAS BEING all. that certain lot, tract . or pazcel of larid situated in the James Peiry Survey; City of T3enton, Denton County, Texas, and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addifion to the City of Denton, Denton County, Texas, accorcling to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Pla.t Records of Denton County, Texas, and being more particularly desc,ribed as follows: BEGINNIING at a point in the westesterly line of Westem Boulevard, a public roadway, said point being in the east line of that certain tract of land described in. deed to Rayzor Tinvestments; . LTD., recorded in Volume 1796, Page 601 of #he Deed Reaords of Den#on County, Texas; and being in the west Iine of said Lot 2 from which:a %2 inch iron rod found at the northwest corner thereof bears North 00 degrees 07 minutes 02 secqnds East a distance of 1816.73 feet, and being the beginning of a curve to the right having a radius of 1127.50 feet; . THENCE the with the westerly line of said Westein Boulevard the fallowing eleven (11) ca11s: Continwing with said curve an arc length of 174.34 feet, having. a delta angla pf 08 _ degrees 51 m;inutes 34 seconds, whose chord bears South 23 degrees, 14. minutes 45 seconds East, a distance o£ 174.17 feet to a point for corner; South 23 degrees 41 minutes 00 seconds East a distance of 47.34 feet to a point at the beginning of a non-tangent curve to the right having a ra.dius of 1132.50 feet; . Continuing with said curve aa azc length of 241.08 feet, having a delta angle of 12 degees 11 minutes 49 seconds, whose chord bears South 10 degrees 19 minutes. 49 seconds East, a distance of 240.63 feet to ai point for corner; South 01 degree 09 minutes 15 seconds West, a distance of 28$.12 feet to a point for corner; South 04 degrees 33 minutes 23 seconds East, a distance of 50.25 feet to a paint for comer; South 01 degree 09 minutes 15 seconds. Rlest, a dista.nce of 450.00 feet to a point for corner; South 06 degrees 51 minutes 53 seconds West, a distance of 150.75 feet to a point for conaer; South Ol degree 09 minutes 15 seconds West, a distance of 177.93 feet to a point at the c:120081cod1280869 - jim christal dme ea9ementldocs11008127 esmt6 westpack addn.doe . .r:: JYYf. ' , ' ~ ~ .i~ - , ~ , ...r- .i ..:`i._' -.'9'•:I:{.'t~'~ EXHIBIT B1 40F9 A rt-1ur SurVeying Co., ; nc. ProfessionaY Laud Suz-veyors P.O. Box 54 - Lewisville, Texas 75067 . Office: (972) 22I-9439 ~ Fax: (972) 2214675 . , . beginning of a curve to the right having a radius of 1417.50 feet; Continuing with said curve an azc length, of 182.98 feet, having a delta angle of. 07 degxees 23 minutes 45 seconds, whose chord beazs South 04 degrees 51 minutes. 08 seconds West, a distance of 182.85 feet to a point for comer; South 08 degrees 33 minutes 00 seconds, West, a distance of 313.12 feet to a ppint for , corner; , South 75 degrees 33 minutes 35 seconds West, a distance of 41.95 feet to a poizit in the east line of said Rayzor Tnvesiments tract; THENCE North 00 .degrees 07 nninutes 02 seconds East, with the east line of said Rayzor . Invesiments tract, a distance of 31.00 feet to a point for corner; THENCE the with the westerly line of said Westezn Boulevard the following eleven (11) calls: North 75 degrees 33 minutes 35 secomds East, a distance of 14.30 feet to a povit, for. corner; . , Norttt 08 degrees 33 minutes 00 seconds East, a distance of 293.26 feet to a point 4t the beginning of a curve to the left having a radius of 1387.50 feet; . Continuing with said curve an arc length' of 179.10 feet, haviung a delta angle of ;07 degFees 23 minutes 45 seconds, whose chord besrs North 04 degrees. 51 minutes 0$ , seconds East, a distance of 178.98 feet to a point for corner; North 01 degree 09 minutes 15 seconds East, a distance of 179.42 feet to a point for corner; North 06 degrees 51 minutes 53 seconds East, a disfance of 150.75 feet to a point for corner; North 01 degree 09 minutes 15 seconds East, a distance of 447.01 feet to, apoint for corner; North 04 degrees 33 minutes 23 seconds W'est, a distance of 50.25 feet to a point for comer; . North 01 degree 09 minutes 15 seconds East, a distance of 28$.12 feet to a point at the bea nning of a non-tangent curve to the lefE having a radius of 1102.5.0 feet;._ . Continuing with said curve an azc length of 231.41 feet, having a delta angle of 12 c;120081cod1280869 -jim cluistal dme easemcntldocs\1008127_esmt6 westpazk addn.doc EXHIBIT 61 • 50F9 ' A rthur SCo., _nc. . ProfessianaX jaz~d Srzzv-eyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 ~ Fax: (972) 2214675 ' degrees 01 minute 33 seconds, whose chord bears North 10 degrees 19 minutes 03: seconds West, a distance of 230.9$ feet to a point for comer; North 23.degrees 41 mi.nutes 00 seconds West, a distance of 46.71 feet to a goint at the beginuing of a non-tangent curve to the Ieft having a radius of 1097.50 feet; Continuing with said curve an arc length of 110.90 feet having a delta angle of OS . ~ degrees 47 minntes 23 seconds, whose chozd bears Norkh 21 degrees 38 minutes 41, seconds Wes#, a distance of 110.86 feet to a point in the east line of said Rayzor. Investments fTact; - THENCE North 00 degrees 07 minutes 02 seoonds East; with the, east line of said Rayzor , Investments tract, a distance of 67.86 feet to the POINT OF BEGINNING, and containing 1.415 ar.res of land, more or less. _ i , ~,...C~...~F.•.. E ; . iS...; - =1'fi0• h c:120081cod1280869 - jim cluista! dme, easementldocs\1008127 esmtb westpark addn.doc EX60F9 y (c.M) cv i\IORTH ~ 200 0 200 Feet p" oN ~ Beoring system based on ths City of Denton GIS,network. ~ o E m ~ z^ E~~ ~ LINF rAsLE i uNe i aEARwc I LENc7H ~ I u . x i u % I L3 CV ` I L6 1 L7 \ I L8 . 1 L9 1 L10 J L11 I L72 I CURVE TABLE ~ ~ ~ ► I CURVE I RADIUS I LENGiH I DELTA I CND BRC I CHORD ~ f C1 l ' 174,34! I OB57,34• I S237t' ` 74.17 . ` I 02 1 3 SO' ' ' S 0'! ' 9' ~ ca I1+17•5o, is2.slf orzs'g§` soaMf_qa'w 1e2.es ~(7 I. 04 N+~8Z.5q'1179.10•1 0773't5' 1 ND4'S1QQ"E 1178_9B' ~ `tO 1 . f DS I1102•50,f23141_I 12'a!'X3- 1 N70.19:pa'W 1230.98'1 ~ 'CB 11097,501 710.90' I 05'472a' I' N21~38'4Yw I 110•86, 1 I .~~V L0+ ~ C14 LC) iq.~ ~ z- O ~ i p4 i o p N o 1 rn qj ~ i o~A pl I0 N~1 i >.o Z ~~V) I ~ 4 y TEMPORARY ACCESS I ~ 'a ~ ~ GONSTRUCTION IP4 Q CV GRADING EASEINENT ~C •c^~•~~ OG N0. 2008-32336 ~ LD i ~r,;..~" ~Yt11I~~ ~ ~r ~ ' , ~....L. '.:'.r..... + W •.0 5Eu?• P~:'~. LO TI fLO I i. o ~ i ~ 104to- i MATCH LINE . ~ ~ i MAT CHiLINE Jb I I ~ ~ ~ I pQl 1 e~. I ra l~G" ~ • y N ~Cr%A ~ yA 1 ~ I. ~ F~~` . LLJ ~~~.13 - ~ . t ' + foN ~ '~M C7 N c~ 7 i a 1. 1 ~ ~ I O n ~ orn o N Lot 2; Block A(remainder) ~ co i Westpark Addiiton, Ph. 2 Cabinet Y, Page I69 , S89 42'27"E I . . 1482.98' ~ , . ORF (~~jAIRPORT ROAD N F. M. 1515 30' Easement - - - - rthUr SC0., i:415 Acres ia the , James Perry Survey, Abst. No. 1040 A Professional Land Srirveyors City of Denton 972-221A439 - Fas972221-4675 Denton Cownty, TeXas - 22oF-Im street, suire zoo p o. soa s4 ~ 2Q10- 1,ewssvWc. Texas 75067 ~ 0\8008\COME80869 - Jln CFrlsYal ON6 Ensenwr1t\dNp\IO08127_esTt6 Mestpnrk Addndv0 10/25/E010 3,1420 PN CDT EXHIBIT B1 70F9 . rt-lur surveyl-ng Co-I -nc. , .P.rnfessiox2a ~,aud SUx•veyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) ,221-z4675 0.526 ACRES . CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain Iot, tract or pazcel of land situated in the James Perry Survey, Abstraat , Number 1044, City of Denton, DEnton County, Texas, and being a part of Lot 2, Block A, , Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabiniet"Y, Page 169 of the Plat Recoids of Denton County, Texas, aud being more particularly deseribed as follows: BEGIIVNING at a point in the west line of said Lot 2, and the east line of that cetain txact of land described in deed to Rayzor Investments Ltd., recorded in Volume 1796, Page 601 of the Deed Records of Denton Cauniy, Texas, said poiunt also being in the east line of Western Boulevard, a public roadway, and from which the. southwest corner of said Lot 2 bears South 00 degrees 07 . minutes 02 seconds_ West, a distance of 4756.01 feet; TSENCE North 00 degrees 07 minutes 02 seconds East; with the west Iine of saaid Lot 2, a distaace of 21.29 feet to a point for comer; THENCE over, through and across said Lat 2 the following eight (8) calls: South 27 degrees 53 minntes 59 seconds East, a distance af 277.51 feet to a point atthe beginning of a curve to the rigbt having a radius of 1277.50 feet Continning vvith said curve an arc Iength of 647.80 feet, having a. deIta an,gle of 29 degrees 03 mi.nutss 14 seconds, whose chord bears 5outh 13 degrees 22 mi.nutes 22 seoonds East, a distanca of 640.88 feet to a point for corner; South 01 degree 09 minutes 15 seconds West, a dastance of 571.25 feet to 'a point for corner; South 04 degrees 33 mi.nutes 23 seconds Past, a distance of 150:75 feet to a point for corner; South 01 degree 09 minutes 15 seconds West, a distance of 188.42 feet to a point at the beginning of a curve to the right baving a radius of 1592.50 feet; Continui.ng with said curve an azc length of 205.56 feet, having a delta angle of 07 degrees 23 minutes 45 seconds, whosa chord bears South 04 degrees 51 minutes 08 seconds West, a dista.nce of 205.42 feet to a point for comer; Sou#h 08 degrees 33 minutes 00 seconds Virest, a distance of I61.71 feet to a point for corner; c:\2008\eod1280869 - jim christai dme easementtdocs11008127 esmtl l westpark addn.doc EXHIBIT 81 80F9 rth ur SurVeying Co., : nc . PrafessionaY Land Sasxve,yors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 71 degrees 38 minutes 40 second'.s West, a distance of I1.21 feet to a point in tlie. east line of said Western Boulevard; THENCE wath the east Iine of said Western Boulevard the following seven (7) calls: . North 08 degrees 33 minutes 00 seconds East, a distance of 166.79 feet to a point at tlie beginning of a cuzve to the Ieft having a radius of 1582.50 feet; Continuing with said curve an arc Iength of 244.27 feet, .tiaving a delta angle of 07 degraes 23 minutes 45 $econds, whose chord bears North 0.4 degrees SI minutes OS ; seconds East; a distance of 204.13 feet to.a point for corner; . North.O1 degree 09 mi,nutes 15 seconds East, a distance of 187.93 feet to a point for. . i comer; 'I North 04 degrees 33 minutes 23 seconds West, a distance of 150.75 feet to a point for corner; . , North 01 degree 09 minntes 15 seconds East, a distance of 671:74 £eet to a point at ttie beginning of a curve to the le$_ having a radius of 1267.50 feet; Continuing with said curve an azc Iength of 642.73 feet, having a delta angle of 29 degrees 03 mi.nutes 14 seconds, whose chozd beazs North 13 degrees 22 'minutes 22 seconds Wes~ a distance of 635.87 feet to a point for Comer; North 27 degrees 53 minutes 59 seconds West, a distance of 258.72 feet to the POINT . ' ~ OF BEGINN.NG, and cdnta.ining 0.526 acres of land, more or less. , . _ '.i~ir;' t..'.':.~••'~~ ' , ~ . ' f R c:120081cod1280869 - jim christal dmc easementldoes11008127_esmtl l westpark addn.doc . , . . ~ ~ . . . , ~ , • ~.r . . _ . ' EXHIBIT B1 9 Of:9 ~ CURVE I RADIUS I LE'1GTFI I DELTA I CHD BRG I CHORD Cf 1~59?_5Q'I ~Qri56' I OZ'23'4S_- 1 S64'51'09'g 1205,42, ~ C2 1158250'1204.27' OT2J'45'; 1 N0431'08"E 1201..13:,L ~ LINE jABLE LJNE I BEARlNG L LENG71i I I NORTH 200 0 200 F e e t L1 I Noo'O j;o g'E I 21.291. ~ Lz I so}33'23"E I Isa.~s' IM A T C H L I N E ~ r L3 I Benrin s tem boaed on the Cit of Denton GlS1network . , Sa833'oo'W I 161.7Y 9 ri Y L4 i s71-3s'4o"W I ti.2f' ~ . _ - I o ~/.Rf.p LyJ !5 I N0833'00"E I 166J9' ~ . . ~CA/.~ + N h I L6 1 N043323"W 1,50.75' 1 ~ ~ ~ .~7.,,,~0. , • 1~ ~ T. ll/~ J' . VV • LO ~ 01 (p ~~!{.~jWN I\ ~ 084 QI ~ , ~ ~j CD ~ ~ o d . : ~ v, ~WN ~ U ~a ~R a a~ I W ~ ~ C7 'b • 3 ~y Ir2C a zo`z ~ I.f~ a,~ , ~0o0 "~Q ~i.,~`~, ~s ~ o ~ a) cn i~ O ll ~ ~ . a E..; 0 z U ` \ d, • i - If f r > -)3 ' • f + . ' t3~N ~ ~ . . . . O O I I I ~NtA ~ W $ 1 No ~11 ~,r ~ Lo..10 N • 4h` 0)~~'~' ~ Ln-~ N C'4 iii c.t MATCH LINE r I f~ ' ~ I - - - - - - ' 10 'Easement 6.526 Acres in the s89•42'27"E James Perrp Survep, Ahst. No. 1040 ~G jo 23~~2' City of Denton Denton Countp, Texas - 2010 - rthur Surveying Co., Inc. . ProfessionaI Land Surveyors 972-221A439 Fsx 972-221-4675 220FTm Stree;.Suite 200 P.O. Box S4 i ~ Lewisville, Taxes 75067 ` 0WGMAM290869 - Jln CMlstnl fINE Ensenerrk\drp\fD09127~esntll Vestpark Addn.dxB 10/E5/201D 429-51 PH CD7 ~ r 1 ~ ~ ~iri A.~ '`~~a• u~ W;~tH!`c•'=~ P.i _y Eif ..~~..v.. . J~ F i ~ ~ ~ immm" ExHIeir a2 . 1 OF 3 ; rt-lur Surveying . Co,, _nc. _ Professio.r:eal ~and Sa~rareyors . ' _ P.O. Box 54 ~ Lewisvillo, Texas 75067 ' Office:: (972) 221-9439 Fax: (972) 221-4675 - 2.102 ACRES . ' - CITY OF DENTON, DENTON COUNTY, TEXAS . BE]NG all that certain lot, traet or parcel of land situated iun the James Pezxy Survey, Abstraet Number 1040, City of Denton, Denton Couniy, Texas, and being a part of Lot 2, Block A. . Westpark Addition, Phase 2, an addition to the City of Denton; Denton County, T'exas, according . ta the conveyance plat thereof recorded in Cabinet Y, Page 169 0f the P1at Aecords of Denton County, Texas, and being more parflcnlarly deseribed as follows: BEGTNNING at the northwest comer of Lot 1 of said Block A and being in the south Iine of sa:id` Ldt 2; T'HENCE South.71 degrees 38 minutes 40 seconds West, over, rhrougn ana across Saia iot 2; a . distance of 532,30 feet to a point at the northeast eorner of a Drainage Easement to the. Gity of Denton recorded under Insilument Nwmber 2408-32334 af the. Real ProperCy Records of Denton Couniy, Texas; . : 7.HENCE South 75 degrees 34 minutes 52 seconds West, continuing across said Lot Z and -wi'th the nortlierly line of said Draina.ge Easement, a distance of 98:24 feet to a point in the easterly . li.ne of Westem Boulevartl, a public roadway; . ZRENCE North 08 degrees 33 minutes, 00 secQnds East, witk the easterly liue of said Western Boulevard, a distance of 70.95 feet to a point for comer; - THENCE over, thrvugh and across said Lot 2 the following five (5) calIs: , North 71 degrees 38 mi.nutes 40 seconds East, a distance of 610.22 feet to a point foz' eomer; . South 88 degrees 50 minutes 24 seconds East, a distance of 627.10 feet t.o a point for comer; . . South 01 degree 06 minutes 45 seconds Wesf, a distance of 139.61 feet to a paiat foi corner; North 88 degrees 53 mi.nutes 15 seconds West, a distance of" 70.00 feet to a point for corner; North 01 degree 06 minutes 45 seconds East, a distance of 69.67 feet to a poinf for comer; , ~ . ' EXHIBIT B2 20F3 rt , ~iur Surye ing Co.) Cnc. . - y Profession4 Land Sizzve,yoxs P.O. Box 54 Lewisviile, Texas 75067 Office: (972) 221-9439, - Fax: (972) 221-4675 . • T'HENCE North 88 degrees SO mi.nutes 24 seconds Wast, conti,nuing across said I;ot 2 and then continuing with the north line of said Lot 1; a distance of 54$.09 feet to the.POINT OF BEG]NNING, and oontai.ning 2.102 acres of land, more or less. , ~ _ ~ • r;l v r ` • "io,~,: :,!er~,L ~ , ~ ~ • . ~ R y ..t8' ~ . .-i;'. .-';cJ r fIy ~ . s.~ r. , , r. . , . . " . . 76' Utility Ecsement ~ CivY 128 t p9 Texos • 681 ~ ~ ~ MQ2O0 Feet ~~o a~ti a ~ I Railrqed 5pur Easement ,q ~09 ~ Gf5 netwak. ~ e Gty of Da. 1 1' Borworth CorP- u' Yo1 . P9• 855 based an 9eceo9 SYstem 1 1 . 11~`5 ~ , • , ~ aceas g~c~~ ` ~ i TemA~orY ~~~2 40 ~ g (radin9 627.10 . 4 ' ► i In5t wo. zoos- 1 58$ 50'2 ~ ~ ~ - AMES~ l 5-uW..)R.F. I ` 6~0, N88'50'24"W 545.09' , ,f t' L4 rx4 r ~ ` ~ ~ . • ~ ' • , _ t ot A 2 n~ ~ . I,, Block . ~ o~ Cy ~ ~ E t Aaa~~on,pn. ~ ~ westP et Y, Page 169 ~e c_ VFY pBST. N0. 1040 _ 3 ~q ~ I v o M a ~ N f a~b4~ a0 JAMES 5 TOBY SRU~VE'(.. ~ST. NQ. 1285 M ,4~'' 0. - ,~4~.i,'j z~ iNOMA _ _ N. ~~P1yCJV 'IVap- r-6; - TemParary AcEsmt2 cn 150'x150' -dc Gradmg _ ~ ~ Consttuction _32334 a Ins4. No. 2008 I p ' • { ( praiNo °20Easement 08-32334 1 1 ~nst. ~ . 8,56' 0 I ".~I.P.f. rr N88'49'49"w p~~-'~4~~T~i~;~'~~ e.~.) ~ G y~,✓``n P'. r. • ~ ~ 6 Utility Easement :t'^_"~ . . GN .City of Dento~. T6B LII`1E TABLE 1 LENGTH Vof. 1287. P9• . - . ~ 13EAft1NG U! 1 Block 1 S75'34'5z"w 70.95' Lot 1, i Noa' 1 y~regtpark .r l2 j 33'0o"E ~ 139.61' ~r o a ~ l2? r " A'_ r • i• t;r: ~ s1 •o6'as" WI 70_00' 1 t Cabinet C, pg ~ L4 i N88'53'15' 69_67 NQ 71.97~ o ' O .O ~ 7'O6'45"~~_-, i 6 ~ N88'49'49 w a N , (c.m.) : . . ' p1.a;~essiana1 L~d .]r~U q q Fax 97'v221-4675 ` nJ+ D N.~lY~• :L 5 97y-2Z1-`~39 ~:~so~: ~ ~asement ln the s~ L►17. ~RpORT R . 2.142 . Acres Abst. Na. . 1040 J~es PerrY: Su~ ~Dent4m , - : . Crty Texas Denton Cowaty, ~ 2Ui0 cSr ' . ow E - _ EMI¢ 7C r ~ i ng Ca. -nc. ~ . . A rthur surve y ~fessional ~a saxrv~eyors P.O. Box 54 - Lewisviller Texas 75067 O~'ice: (972) 221-9439 - Fax.: (972) 221-4675 50' TEMPORARY CONSTRiTCTION EASEMENT 0.751 ACRES CI'I;'Y OF DENTUN, DENTON COUNTY, TEXAS ' BEING all that certain lqt, tract or parcel of land situated in the Thomas Toby Survey, Abstract Number 1285; City of Denton, Denton County, Texas, and being a part of that certain tract of , land deeded to ltayzor Investments, LTD. and described as Sectiom 1, Tract 8, recorded in . Volume 1796, Page 601 of the Deed Records of' Denton County, Texas, and being more , particuya,rly. described as follows: , BEGINNING at a pourt in the east line of that ceru.itt tract of land described in deed to borothy Neil Cook, recorded in Volume 982; Page 29 of the Deed Records of Denton County, Texas, from which a'/z inch iron rod found at the s;outheast comer thereof bears Sonth OU degrpes 01 miuutes 58 seconds West, a distance of 40.00 feet, said point being in the north line of Airport ' Road, alsp lmown as F.M. 1515, a public madway; THENCE North 00 degrces 01 minute 58 seconds Ea.st, with the east line of said Cook tract, a. distance of 50.00 feet to a ponrt for coraer; _ THENCE South 89 degrees. 42 minutes 27 seconds :East, over, across and through said Rayzor tract, a distaace of 654.48 feet to a point in the west line of that certa.in tract of land described in ~ deed to the City of Dentoq recorded in Voltime 516, Page 648 of the Deed Records of Denton : County, Texas; THENCE South 00 degrees 08 minutes 14 second.s Ea.st, with the west lin,e -of said City of Denton tract~ a distance of 50.00 feet to a point for cotner; THENCE North 89 degrees 42 minutes 27 seconds West, over, across anc} through said Rayzor hact, a distance of 654.64 feet to the POINT OF BEGINNING, and corrtainirig 0:751 acres -of land, more or less. z:110081cod1280869 - jim christal dme easemairt\dacs11008127 eamt2 rayiortemp.doc 100 Feet ~40 4 ~t~~. d bcsod on . yeeari~9 (GM.) i.R.F. 1 ~ • 'S? ,Ltd• ~,o'~'~Q ~yeshn 1 1796~Pa~~ ~ ~ . D. B-P,a a ~t z' q . ~ ~ _ . ~o e,r1+ ~ g d. 654.48~ ti 7NE- ACRES . SS9'42'2 ~ - . p,751 , . . . `~'G' ,,.•-r` . ENT._......._.... ► - o, EA _ --~1,. . _ ~ . ~ 7 c~l$~V,'~r~ -~.~'r N89'?!2 2 f W ,~,~paRARY ~~~.oo c~1 " ~ ~4 WAY ~ - 4` 27 W dc ~R~t~ ` ~ 3) ~ • ~ . , - 30 Q F p~ d9 ' ~ _ ' a~~g'€lE~ 4'r•t~ ~ ~ / 151~~ F. ~ ~ ~,Tt~lAU w~~~.l..•. _ ~~LL, R0/1D :A.. ...o AIRp . ~ ' ES~ - Co~t1-u.ction 1 , T Qra~"Y ~ the. 1~5 ,~0 e~ p.751 Aar eys . Abst' 140 1 ~~m~s TabC ~p~ ~~nt Tey-as e4~O~ co~ty~~ D tpgLE 1 BEAR~ rR ~ 1 tcx-l ' si~ ~►~~yy~i-~'~ ~ gptt Q' OOX 54 ~ ~ ~°,~`t'~~ T~, ~50~~►. u Z ~ ~ a , E3 OF I17C v rthur Surveying Co., = nc. . . . . . , Professioaay 1,a,xzd Surveyoxs . , P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 . ; • 50' TEMPORARY CONSTRUCTION EASEMENT , 2.941 ACRES . CITY OF DENTON, DENTON COUNTY, TEXAS BEING aIl that certain lot, tract or pazcel of landi situated in the Thomas .Toby Survey, Abstract ' . Number 1285 and the: John Bacon, Survey; Abstract Number 1541, in the City of Denton;,Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor . Invastments, LTD., recorded in Voluma 1796, Page 601 of the Deed Records of Denton County,. ' Tew, and being more particularly described as fouovvs: . BEGINNING at a point in the east line of that cartain tract of land described in deed to the City of Denton, recorded in Volume 516, Page 648 of the Deed Records. of Denton eounty, Texas,• , from which a%2 inch. iron rod.found at the southeast comer thereof bears South 00 degrees 0$ ' minutes 14 seconds East, a distance of 46.00 feet being in the. north line of Airport Road, aIso knbwn as F.M. 1515, a public roadway; , TSENCE North 00 degrees 08 minutes 14 secOnds West, with the east litne of said City of Denton tract, a distance of 50.00 feet to a goint for; comer; 1HENCE over, across and through said Rayzor Investinents tract the following nine (9) calls: . South 89 degrees 42 minutes 47 seconds East, a distance of 46.52 feet to a point for corner North 23 degrees 43 minutes 52 seconds i East, a distance of 5.71 feet to a. point at the ' beginning of a non-tangent curve to the right having a radius of 1359.50 feet;~ Continuing with said curve an arc length of 247.81 feet, having a delta angle of 10 degrees 26 minutes 39 seconds, whose chord bears Nort}i OS degrees 30 minutes 06 ' seconds East, a distance of 247.47 feet to a point for corner; North 10 degrees 43 minutes 25 seconds East, a distance of 333.66 feet to a poip,t at the ' beginning o'f a curve to the left having a radius of 1040.50 feet; - Continuing with said curve an arc Iength of 174.10 feet, having a delta .angle of 09 degrees 35 -minutes 12 seconds, whose chord bears North OS degrees 55 minutes 49 seconds East, a distance of 173.89 feet to a point for comer; . ~ Narth Ol degree 08 minutes 13 secomds,East, a distance of 33.18 feet to a point for ; corner; , - ~ North 00 degrees 07 minutes 02 seconds East, a distance of 1579.37 feet to a point for . comer; ' c:120081cod1280869 - jim chsistal dme easementldocs11008127 esmt5 rayzor temp revised-?:doc• , . . EXHIBIT C 40F17 : : A-lur Surv'eying Co., -nc. Rrofessional J~and Sa~z-veyors . P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 ~ Fax.: (972) 221-4675 North 75 degrees 33 muiutes 35 seconds East, a distance of 50.87 feet to a.point for comer, ' . , North 08 degrees 33 minutes 00 seconds Eas~, a distance of 209.79 feet to a point in the west line of Lot 2, Block A, 'PVestpark Addition, Phase 2, an addition to tlie City of Denton, Dent.on County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of. Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, vvith the west line. of said Lot 2; a- distance of 251.19 feet to a paint for corner thereoF THENCE over, across and througla said Rayzor Iuvestments tract the followir►g nine (9) ca11s: South 75 degrees 33 minutes 35 seconds West, a distance of 31.00 feet to a point for. : . corner; : South 00 degrees 07 miniites 02 seconds .West, a distance of 1541.14 faet to a point for , corner; , South 0 1 degree 08 minutes 13 seconds ! West, a distauca of ~3.62 'feet to a point for corner at the beginning of a curve to the right having a radius of 1090.50 feet; Continuing with said curve an arc length of 182.46 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whosa Chord bears SouthOS degCees SS minutes 49 seconds W est a distance af 182.25 feet to a point for comer; ~ South 10 degrees 43 minutes 25 seconds West, a disfance of 333.66 feet to a.point atthe . begiuni.ng of a curve to the left having a radius of 1309.50 feet; ` Continuing with said curve an arc length of 238.39 feet, ha.ving a delta angle of 10 degrees 25 minutes 49 seconds, whose ~hord bears South 05 degrees 30 minites..30 seconds West,' adistance of 23 8.06 feet to a point for comer; , South 00 degrees 17 minutes 36 seconds' West, a distance of 10.70 feet to a point for corner; , South 23 degrees 43 minutes.52 seconds; West, a distance of 48.90 feet to a point for comer, North 89 degrees 42 minutes 47 seconds West, a distance of 78.97 feet to the POINT OF SEGINNING, and containi.ng 2.941 acres of land,more or less. . ~ , , ; ~ • . s r,, ~ ~ - - ~ I ~ ~ Ff . ' • Y't`~t~i`";; , . ' 1 •~..W~;.:.:. , ~ c:~20081cad1280869 - jim cluist~l dme eascmcntldocs11008127_esmt5'rayzor tomp revised2.doc N yQ~` , , . .'.,.i'.~. . C7..: : ..d . . . , . . . N0RTH 100 0 100 Feet al j 1 , ~ui Bearfng syetem based on the City Qf W r N ~ Dentan GIS network x Rayzor Tnvestments, Ltd. N lo o~ ~ ~-L2~ - ~ - Rrnh o;r, .i ~P. 0.2., ~~o . - ~ ,RF I (CM) J / a A ~ E l.R.F . ~ . N89'42'47"W (GM) , . 16' unL EsM.r. ~oo' ~P.del. ES~r i 1251.76 (v t22t/P.sso) Valume 1796, Page 601 • : D.RD.C.T. L5. 4~ IL' I ~ w ~fl W d ~ w nl ~onr~ aa~coN s!+r~ilEr Q r,,~ ~ kss., r~a. ts»t -Y, ~ • U5/8~£ ~-IAT~H LINE Z1 I ~ . f w I~ ~ . ~ 1 0 . d^ j w ~ !q Q b ~ N ~JvCO~~o ~ v~^ ca~o . ~ a I~~! ~ ~ AN o ~~Q ~ ~'~I ~ CPi&'. ~ 4 A U rHuMas TzBY 5t1RVEY. P.°SL "!0. 12E5 ~Q ,d C~I > ~ O LO ~ Z N') O z N 0) N I .o~NM ~ Rayzor Investments, Ltd. . co -JW 11 N ~ Volume 1796, Page 601 J J , I O~~ I~N D.R.D.C.T. a. . ~ ~ c) o ~ ~o o a ~ rnqo 1* uO I: ~ a°~o- . ~ Il ~ i ~ " n►~i , cVN rj'~ QOt"? ir ~ N ~ NN ' . II O~ ! ~.!n _ , ~ J W r ^ • 60' PRNG. ESMT. ~ Z ~ U~) . , DOC. N0, 2008-323-0 0) "O)r ~ a°~ o' ~1eM) ~ O 5 I.R.F. 4-- ATCH l.INE ~ ~ 50 'Temporary Construction Esmt. 2.941 Acres ia the Joha Bacon Survey, Abst. No. 1541 Thomas Tobp Survey. Abst. No. 12851 - City of Denton Denton Countp, Texas - 2010 - rt-iur Surveying Co., Inc. , Professioaa.l Laad Surveyors i 972-221-9439 - Fax972-221-4675 ~ 220E1m Stree; Sudte.20U -P.O. BwrS4 ~ Lewiscdlle, Teras 75067 ~ E51iOIF I~T~C (V. 11/P.894 AIRPORT - RQAD F. M. 1515 LINE TABLE. I LINE I BEARIMG I LENG7H L1 I N00'08'14'W ~ I 50.0D' L2 I S89'42'47"E I 39.47' 43 I 523'43'52°W ~ 5.71' ) L4 ' I N01'08'13"E I 33_78' L5 : I N7533'35"E I 50_87' I L6 ~ 57533'35"W ~ 31_00' ~ L7 ' I SD1'08'13"W I 33.62' I Le I saa-17'36"w I lo.70' I L9 ~ S23'43'52'W I 86_34' I L10 I N8942'47'W I 71.91' I L17 I Nooroa'ta"w I 30.00' ~ 0\2008\COD\280869 - Jln Chrlstal olE Easment\drp1A0081E7_esnS5 Rnyzar tenp revlaed~Ld~p 10/25/2010 246S8 PN C➢T It ~ , ; _ _ . . . . . _ ~ . . . . . . . . EXHIBI7 C 60F17 A rt lur SCo., . -,nc. ProfessionaX 4-and Sa.zrve,vors P.O. Box 54 - LewisviIle, Texas 75067 . Office; (972) 221-9439 ^r Fax: (972) 221-4675 55' TEMPURARY CONST~WCTION EASEMENT 0.495 ACRES CITY OF DENTON, DEN'tON COUNTY, TEXAS . ' BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract Number 1222, Grty of Denton, Denton Couniy, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, Ltd'., Section 1, Tract 7, recarded in Volume 1796, Page 601 of the Deed Records of Denton County, 'T'exas, and being more particttlaxly described as . foIlows: ; BEGINNING at the northwest corner of said Rayzor Investments, LTD. tract aad the northeast corner.of that certain tract. of land described in debd to Ed, Wolsld, Trustee and. virginia Fryman,. recorded in Volume 2595, Page 470 of the Deed; Records of Denton Counfy, Texas, said point also being in and near the ceaterli.ne of Jim ChristaU Road, a public r6adway; T'HENCE North 89 degrees 43 minutes 31 seconds East, in and near the centerline of said Jim . Christal Ruad, a distance of 3 8997 feet to a point for comer; . THENCE South 04 degrees 31 nl.uautes 20 secorids East, over, througli and across said Rayzor. Investrnents tract, a distance of 55,15 feet to a point for comer; THENCE Soutfi 89 degrees 43 minutes 31 secorids 'PVest, continuing over, througti . and across _ said Rayzor Iztvestments tract, a dista.nce of 394.57 feet to a point in the east Iine of said Wolski tract; _ . T13ENCE North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolski tract, a . distance of 55.00 feet to the POlNT OF BEG1NNiNG, and containing 0.495 acres of land, more or lass: ~ . A J~ 6a . c:120081cod1280869 - jim christal dtne easemeatldocs1I008127_esmt7 reyzor temp.doc ' . . _ . . _ EXHIBIT C • 7 OF.17 ' i ~ rt-lur Suryeying Co., -~nc. . Prafesszonal Y,aud Srrx-ve,yors • P.O. Box 54 - Lewisville, Texas 75067 Offce: (972) 221-9439 ~ Fax: (972) 221-4675 50' TEMPORAItY CONSTRUCTION •EASEMENT - 4.128 ACRES CITY OF DENTON, DE1V'tON COUNTY, TEXAS , ; BEING a11 that certain lot, tract 'or parcel of Iaad situated in the John. Scott Survey, Abstract . Number 1222 and the 7ohn Bacon Survey, Abstract Number 1541, City of. Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, Ltd., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as foIlows: CO~VIlMNCING at the northeast corner of thaf certain tract, of Iand described in deed to Ed WoLsld, Trustee and Virginia Fryman, recorded in Volume 2895, Page 470 of the Deed Records of Danton County, Texas, and the northwest comer of said Rayzor Investinents tract, same point also being in and near.the centerline of 7im ChristaY Road, a public roadway; T"HENCE South 00 degrees 15 minutes 52 seconds West, with the east line of said Wolski tract; - a distance of 85.00 feet to a point for corner; . T'SCNCE North 89 degrees 43 minutes 31 seconds East, over, through and across said Rayzor Iuvestments tract, a distance of 316.86 feet to the POINT OF BEGIIVNIlNG; THENCE continuing over, through and across ;said -Rayzor Investments tract the following. fourteen (14) calls: ; North 89 degrees 43 minutes 31 seconds, East, a distance of 50.14 feet to a point for . comer; South 04 degrees 31 minutes 20 secomds East, a distance of 340.94 feet to a point for . corner; North 85 degrees 28 minutes 40 seconds iEast, a distance of 371.18. feet to a point for coraer; . North 04 degrees 31 minufes 20 seconds West, a distance of 148.90 feet to a point for . comer; North 40 degrees 28 manutes 40 seoonds East, a distance of 190.12 feet to a point for corner; North 89 degrees 43 minutes 31 seconds Bast, a distance of 552.23 feet to a point for . corner; . c:120081eod1280869 - jim christal dme eascmentldocs11008127 esmt7 rayzor temp.doc _ . . , . 'I.1.; ..4 : E8H~IB17C C g o., ~ nc. : . A rthur S ProfessionaY Laad Surveyars P.O. Box 54 - LeWisviile, Texas 75067 ' Office: (972) 221-9439 Fax: (972) 221-4675 ' South 01 degree 09 minutes 14 seconds 'VVest, a distance of 309.75 feet to a.point;.~or , corner, : . South 04 degrees 33 minutes 24 seconds East, a distance of 201.00 feet to a point for . comer;, ' South 0 1 degree 09 minutes 14 seconds West, a distance of 78.65 feet to a point at. the . begi.nning of curve to the.left having a radius of 1297.50 feet; ~ Continwing with said curve an aurc length of 657.94:feet, having a delta angle a~ 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 . minutes 23 , seconds Eaq, a distance of 650.91 feet to a point for corner; ' South 27 degFees 53 minutes 59 seconds East, a distanca of 392.07 feet to apoi.nt for corner; South 22 degrees 11. minutes 21 seconds, East, a distanee of 50.25 feet to a poinf. for corner; - South 27 degTees 53 minutes 59 seconds tast, a distance of 161.24 feat to a point at the. . beginning of curve to the right haviung a radius of 1097.50 feet; Continuing with said curve. an arc length of 64.37 feet, having a delta angle of 03 degrees . 21 minutes 37 seconds, wbose chord bears' South 26 degrees 13 minutes 12 seconds East, - ; a distance of 64.36 feet to a point in the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plitt thereof recorded in Caliinet Y, Page 169 af the Plat Records of Denton Couniy, Texas; , TBMNCE South 00 degrees 07 minutes 02 seconds West; with the west line of said Lot 2, a - distanca of 133.67 feet to a point for corner; THENCE over, through and acioss said Raywr Tnvesiments tract the following fourtaen (14) . calls: • N'orth 23 degrees 41 minutes 00 seconds West, a distance of 13.70 feet to a point at the beginning of a non-tangent curve to the Ieft having a radius of 1047.50 feet; Continuing wifih said curve an axc length of 169.41 feet, having a delta angle of 09 degrees 16 minutes 00 seconds, whose chord bears.North 23 degrees 16 minutes 00 seconds West, a distance of 169.23 feet to a: point for comer; _ North 27 degrees 53 mi.nutes 59 seconds West, a distance of 163.74 feet to a ppint for.. comer; c:120081cod1280869 -jim christal dme easementldocs11008127 esmt7 rayzortemp.doc . . . ia. w v. ;,j,:. EXFIIBIT C 9OF17 rt-lur. Surveying Co.,. *nc. . ProfessionaX-;~a.YZd Sury-eyars P.O. Box 54 - Lewisville; Texas 75067 . . Office: (972) 221-9439 ~ Fax: (972) 221-4675 North,22 degrees 11 minutes 21 seconds West, a distance of 50.25 feet to a point for corner; . . North 27 degrees 53 mi.nutes 59 seconds West, a distance:of 389.58 feef to a point.af the beginning of a curva to the right hiiving a radius of 1347.50 faet; , Continuing with said curve an arc length of 683.30 feet, having a delta angle of 29 - degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23 . seconds West, a distance of 676.00 feet toia point for comer, North 0 1 degree 09 minutes 14 seconds East, a distance of 76.15 feet to' a point for corner; ' - ; • North 04 degrees 33 minutes 24 secon&West, a distanea of 201.00 feet to apoint for corner; . North 01 degree 09 minutes 14 seconds.East, a distance of 260.98 feet to a point for ' comer; " South 89 degrees 43 minutes 31 seconds;West, a distance of 478.05 feet to a point for. comer, . South 40 degrees 28 minutes 40 seconds ;West, a distance of 146:49 feet to a pouit for : - ' corner; South 04 degrees 31 minutes 20 seconds :East, a distance of 178.19 feet to a point for corner; , South 85 degrees 28 minutes 40 seconds West, a distance of 4.71:18 feet to a poimt for ` corner; . Nqrth 04 degrees 31 miautes 20 seconds West, a distauce of 394.66 feet to the PU]NT OF BEGINNING, and containing 4.128 acres of land, more or less. . , . . ~ . e':x , r~-74`4 s,,; il•. TF; `T' - : ~ 5....,.a...4 V-yvt~ " 'r`~ `~;~~st~~•yQ' f~ gut~~E c:120081cod1280869 - jim christal dme easemcntldocs11008127 esmt7 rayzor temp.doc ~ 1~ k . . . . . ~ -.r,,:..,...::~ a'l,n....a.::!. EXHIBIT C ~ 10 OF:17 _ ~ . ~ ~ NQRTH 51, p, S, 300 0l 300 Feet. . ~ ~x/~tGrt ,A4 Jqhn D. Davis 55' 7EMPORARY CONSTRUCTION (VOl.; 1115, Pg. 141) gearing systemlbosed on the CiEy o1.Denton GIS netwp.rk: EASE~IENT - 0.495 ~ACRES N89'45~z3°w ~ - 9f6.o3' N89 43'3'I'E 389.97 JIM CH'RISTAL ROAD ' ' - - _ I.R.F. ~ ~I I OPOSED 20' O.M.E EASEAiENi (C.M.) _ ~ S89'43'3 "W 394,.57' 7. N89'43'31"E'-55223- W ~7 FP" J.. S89 43 31~ W w_ i ;r ~n ~-1 ~ • I I ~zl~t~►1~ ~ ~ ' 1 A O1• ~ 478.D5 ~ oo p- F, o N rqtn Pad#7H Cri . . qt 0 N85'28407E ~ EagleFidge Rnergy, LLC . o c~- v; c~ ` 371.18'. ~Inst 'No.2010-70722 ~I R ~F~;. p 'O I S8rJ-2845~w 471 .1 8' C'I ~ n 50' TEMPORARY•CONSTRUCTION ;t c-4 o N p'' EASEMENT ~ 4.128 ACRES W0 Z ~ a`~ ~ u ~ w ~ ti 4-4...la o~ o Section 1; Tx`act 7 . 70 Cra %t°, ~ G. Raywr Xnvesiments, Ltd. 0 ~ °2:1 p~ (Vol. 1796, Pg• `601 ~ ) N(A1N-~~ ry ?s '~y ~ uNE rae~ . N. N N o ~ I LINE I BEARING I LENGTH - N ~cD ws cs L7 I S04'31'20'E I 55.15' W p T~ r J N. ~ L2 I N00'15'S2'E I 55.00' , , W ~ . I L3 1 N89'43'31'E I 50_14' 1oCT~ 4 ' I L4 I N04'$7'20'~~V I 148.90' ~ ~ Ls i yaQ~e'ao•E i 1ga.f2' ~ c.* ~ L6 I 501•0994'W 1 78.65' , •d'W' . I . U I S22'1721r I 50.25' - I L8 I 527'53'59"F 1 16124' I \ N ~ L9 1 500'07'02"W I 73367' 110 I N23_4ZQ0'W 1 13.70' I • ~g,p~. . 111 1 N27'53'59"W I 163.74' L12 I N2211'21"W 1 50.25' L13 I N07'09Y4'l I 76.15' U4 I ~54028'4D~W ~ 146_49' L15 ~ S0437'201E ~ 178.19' L16 1 500-15'5Y L1 W I 85-00' 7 I NB9'43'31 "E I 316.86' y cuRVE rasLE ~ CUR1/E I RADlUS I LENGTH I DELTA I CHD BRC I CHORD O /.4 y I r+ 4'\ C1 1709Z50'I 64.37' I 03'21'37" I S26'13'12"E 1 6436' :J'•r :'fii:r' I. I C2 11047-50 168.47"I 0996'00" I N2376'00"W I 169.23' 1 .%fl• SQ'.~ ` . ~•r ' Cl ..~~1~ LSY6FfMi ! f ~ ' :.•a ~ 49 U R,4~°~~~ I ~ L10 \ Temporary Construction Esmt. rt;~ur urveying Co., ln~. John Scott. Survey, Abst. No. 1222 John Bacon Survey, Abst. No. 1541 Professional Land Surveyors Cltp Of D@IltOIl 972-2219439 - Fax972-221-4575 \ Dentan County, Texas azo~Wm sbvat, stdta zoo - po.soxs4 ~ \ - 201o- Lewisvtlr0, Tearas 75067 , ~ G\I00!\C0D\Y00E69 - J6n ChAstd GME Eaaun01\Or9\lamlZYatmt7 Mywr'temp.d.g +a/xa/zmo Y1P.OG PM CAT . EXHIBIT G 11 OF 17 ; . rt=1ur Survey n~oi~ , - JP'rofessiona F .~.a.ad Svrveyors P.O. Box 54 - Lewisville, Tcxas 75067 . ' , Office: (972) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASEMENT 0.137 ACRES elrX OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lat, tract or parcel of laud situated in the J. Bacon Survey, Abstract , Number 1541, City of Dentoxa, Dmton County, Texas, and being a part of that certain tract of land described in deed to Ra:yzor Iuvestments, L.TD., Section 1; Tract 7, recorded in Volume , 1796, Page 601 of the Deed Recorcls of Dentou~ County, Texas,. and being more particularly descnbed as follows: COMMENCIlNG at the northwest comer of Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in. Cabinet Y, Page 169 of the PIat Records of Denton County, Texas, fxom which the northeast comer af • said Rayzor Tnvestments tract bears North 00 degrees 0 1 minute 06 seconds East a distanoe of 29.97 feet baing in and neaz the approximate centeHine of Jim Christal Road; a putslic roadway; 7'HENCE South 00 degrees 01 minute 06 seconds West, with the west. line of said Westpairk_ Addition, Phase 2, a distance of 45:00 feet to a poitilt for corner; THENCE South 89 degrees 43 minutes 30 seconds West, over, through and across said Rayzor , Tnvesiments tract, a distmce of 138.56 feet to the PO1NT OF BEGINNIlV'G; THENCE South 40 degrees 16 min.utes 30 seconds East, oontinuing over, through and across, said Rayzor Investments tract, a distance of 80.00 feet to a point for comer; THF,NCE South 89 degrees 43 minutes 30 seconds West, continuing over, through and across said Rayzor Invesiments tract, a distance of 9031 feet to a paint in the east line of Westem Boulevard, a public roadway; T.HENCE North 01 degree 09 minutes 14 seconds East, with the east line of said Western : Boulevard, a distance of 50.02 feet to a poi.nt for comer thereof; THENCE North 89 degrees 43 maautes 30 seconds East, over, through and across said Rayzor Investments tract, a distance of 39.06 feet to a point for comer, T.F.~NCE North UO dagrees 16 minutes 34 seconds West, continuing over, through and acrass said Rayzor 7nvestments tract, a distance of 30.00 feet THENCE North 89 degrees 43 minutes 30 seconds East, continuing over, tbrough and across said Rayzor. Investments tract, a distance of 50.00 feet to the POINT OF BEGINN.iNG, aud,~ con#aining 0.137 acres of Iand, moze or Iess. ~ TE 020081cod1280869 - jun christal dme easementldocs11008127 esmt8 iayzor temp.doc I .f:. ~ ri~rw..Y.~-~•,~~~ (Ei . ::601 2f ' ~4 ` r•~:' CM ~ 4~`•aFC~~t0 y~ . . _ . . , EXHIBIT!C 12 OF 17 LINE TABLE ~ I LINE I BEARING I LENGTH i ~ L1 ~ N00'01'06"E ~ 29.97' ' . O R T H ~ L2 I Soo'32'00"W I 23.25, I ' 50 0 50 Feet Beoring eyetam based on the City of Denton GIS network. 1 . \ . ` Dianne Davis Atkinson, Jaclc D. Atkinson, ~ Wallace E.:Davis, Jr. and Mary V. Davis (c.►~.) ~ - (Vol. 612, Pg. 430) N89723'31 "E N . 156.90' ~ . . ~ \ 5/8"LR.F. BEARS JIM CHRISTAL ROAD ~ N89'23'31°E 0.49.' 9 /8•' . O N8923'31"E 1.R.F. io . 1675.35' N00'16'30"W \R.o.w. oEOicAnoN ' - - - - - ~~y j~l - (CAB. Y, PG. 169) . 30.00' N8943'30"E o ~ NS9'43~3O~~E ~ 'JrO.OO~ RROPDSED 20' D.M.E. EASEMENT 0 ~ 39.06' S89'43'30"W 138,56' '-WO w L., r ~4' ~ Zo oi - e~ ~ a ~ ~ w a' 40 ~ p 1 ?p~ ~ y - z ~Fj~ S89743'30"W ~ . . 90.31' . Section 1, Tract 7 ~ Rayzor Investments, LTD. ( . ~ I (VoI. 1796, Pg. 601) T~ , ' ~ ,cy►~ , E • tlL~•TE'cr.7 ^ • • ~ . . . ~ ~ l. ..s.... ~ Temporary Construction Easement 0.137 Acres ~n the . rt lur Surveying Co., Inc. - J. Bacon Survey, : Abst. No. 1541 Professional Land Surveyors C1ty OP DeIItOII 972 221-9439 - Fax 972=221-4675 Denton Gounty, Texas zzo Mm sure4 sute 200 - P.O. Box 54 ` - 20 ] 0- , Zewisville, Texas 75057 / ' CA2OOE\O00\20DE69 - Jfin LhAdW OME Ea.rnml\0w0\1003127.,swnN Hopor IwPdrg 70125120ID 3:39-.37 PY CpT ' . ~ . . . 4 .S1u11 - ~ . EXHIBIT C 13 OF 17 • A rt'lur Surveying CO., ~nc. , Professionj.~Y d Surve,yors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 ~ Fax: (972) 221-4675 . 50' TEMPORARY CONSTRUCI'YQN EASEMENT 1.636 ACRES CI.'TY OF DENTON, DENTON COUNTY; TEXAS BEING sIl that certain lot, iract or parcel of land situated in the John Scott Survey, Abstract Number 1222 and the J'ohn Bacon 5urvey, Abstract Number 1541, City of Denton, Dentori County, Texas, and being a part of xhat certai.n tract of land described in deed to Rayzor Inve§tments, LTD., Section 1, Tract 7, recorded iti Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of said Rayzor Investments tract and the west line of Lot 2, Blook A, Westpark Addition, Phase 2, an ad~lition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabimet Y, Page 169 o£.the Piat Records of Denton County, Texas and from wlucli the southwest comer of said Lot 2.bears South: 00 degrees 07 minutes 02 seconds West, a distance of 477730 feet; T'HENCE over, through and across said Rayzpr Investments tract the -following eleven (11) calls: North 27 degrees 53 minutes 56 seconds West a distance of 274:33 feet to a point at the beginning of a curve to the right having a iadius of 1122.50 feet; Continuing with said curve an arc length of 569.20 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears North 13, degrees 22 mi.nutes 23 seconds West,a distance of 563.12 feet to a point for comer; North 0 1 degree 09 minutes 14 seconds East, a distance of 124.65 feet to a point for comer; ~ North 06 degrees 51 minutes 52 seconds'East, a distance of 201.00 feet to a point for . comer;. North 01 degree 09 minutes 14 seconds East, a distance of 314.73 feet to .a point for comer; North 89 degrees 43 minutas 30 seconds; East, a distance of 50.02 feet to a point for comez; South Ol degree 09 minutes 14 seconds West, a distance of 318.47 feet to a. point for . corner; . , South Ob degiees 51 minutes 52 seconds West, a distance of 201.00 feet to -a point for comer; c:120081cod1280869 - jim chrisW dme easementldocs11008I27 asmtl0, rayaor temp.doc 14 OF 17 A rt-lur Surveying Co,-nc. . Professzonal JC,a,nd Surveyors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 ~ Fax: (972) 2214675 South 0 1 degree 09 minutes 14 seconds West, a distauce of 122.15 feet to a point at the. "beginning of a curve to the left having a radius of 1072.50 feet; . Continuing with said curve an azc lengt`h of 543.85 feet, having a delta angle of 29 . degrees 03 minutes 14 seconds, whose chord bears Soluth 13 degrees 22 minutes 23 seconds East;a distance of 53 8.04 feet to a point for conoer; South 27 degrees 53 minutes 56 seconds East, a distance of 180.36 feet to a point.in the west line of said lot 2; THENCE South 00 degrees 07 minutes 02 seconds West, with the west li.ne of said Lot 2; a distance of 106.45 feet to the PQINT OF BEGIIVATINC, and containing 1.636 acres of land,` moze or less. ' ,r-;~'~ ~ w - ' .I ..r, .j , i . ~r~. . . ' ~f ~ ~r L I ~ pAn' B~OF' C . '16 17 ~ 41M CHRISTA RDAD NORTH :,Rf~.. - 200 0 200 . N~,3o••.., . i w.. L-2 Bearing eystem based on the Clty of Denton GIS network. 3Z2' I ~ I LINE TABLE l,.l ~ I I LINE I BEARWG I LENGTH I L1 I N071004"E ' I 124.65' O.~ I L2 I N89'43'30"E I 50.02' . ~ L3 I S D1'09'14'W I 722.75' v-. , La I s00•07'02°w 1 106.45' N i~ ~ !n O • (V 0 r- c3 C) wCO ~N. 1 ~ N L:J SO I ~•~3 . , ~ ~ G7 CO I ' ~ t71 J I J U7 ~ b ,Y ~ . . .a Section 1, Tract 7 ~ , . ~ .s . " ~ Rayzor Investments, Ltd. s~ ~ (Vol. 1796, Pg. 601) ~ y tn II ~ ~ ~ . ~ z.g 1 wJ ~ w-' . C~f NOcO r , . 4•%~.y ~ t-a (L-n, iq ~ r0 C,4 ~ CJ, `CA LA ~ a+ , isr. i~ Q~~ 1• ~ `,pa.~o (f .~.3~._ - r W~j O~~p ~ "✓i . u' t~~i 1 •I _ ~ i o ~ ~ u . ~ 50' Ternporary Construction Esm t. So~ ~ . 1.636 Acres in the L` o-, - Johg Scott Survey. Abst. No. 1222 ~ John Bacon Survey, Abst. No. 1541 ~ City of Denton ' Denton Caunty, Texas ~ ~ -2010- a..~. A rt-lU.r Surveying.Co., -I1C. ° AV , o n+ ' FrofessionaT Land Surveyors : I °o. 97'' "t 9439 - Fax 972-22I-4675 S~9'42~27"E ~ ~ 220Rtm sunet, ,suiu zoo - p o. Bwr 54 ,.RF 482. s8' - Lewisvilfe, TeTas 73067 \ (CM) C . ~ , ~ c:\aooe\aan\xeoeco - run cnnua oMe eenmmt\a.y\1o0a127sm,no flay.r t.nPa.p W/u/smo 4:DS:17.PY CDT , s,~;~ I ..~;..~.r. . . - - EXHIBIT C 16 OF 17 . . rthur Surveying Co., _ne. Pzafessionay;~,axzd Sazxveyors . P.O. Box 54 Lewis~ille, Teacas 75067 Office: (972) 221-9439 ~ Fax: (972) 221-4675 . : 50' TEMPORARY CONS'T'RUCTION EASEMENT 0.015 ACRES , CTTY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain Iot, tract or parcel of laiid situated in the John Scott Survey, Abstract . Number 1222, Ciiy of Denton, Denton County, Texas, and being a part of that: certain traat of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded in Volume. 1796, Page 601 of the Deed Records of Denton Couniy, Texas, and being more particularly ' describefl as follows: CUMIVII'~NCING at a point in the south line of: that certain tract of land dascribed in deed to John D. Davis, recorded in Volume 1115, Paga ; 141 of the Deed Records flf Denton County, ' Texas, being in and near tbe appzoximate centerline of Jim Christal Road and in the west line of: westem Boulevard, a public roadway and from which a PK Nail fouud at the:southwest comer of said Davis tract beazs South 89 degrees 43 minutes 31 seconds West, a distance of 2336.65 feet; THENCE. South 10 degrees 19 minutes 28 seeonds West, with west line of said Western Boulevard, a distance of 27.72 feet to a 1/Z inch iron rod with a yellow cap stamped "ARTHLJR SURVEYING COMPANY" fovnd for corner; THENCE South 40 degrees 33 mitiutes 19 seconds. East, continuing with the west line of said Western Boulevard, a distance of 49.48 feet a point for comer; - THENCE over, through and across said Rayzor 7nwesiments tract the following five (5) calls: South 89 degrees 43 minutes 31 seconds West, a distance of 39.32 feet to the POINT OF . BEGINNING; South 40 degrees 33 minutes 19 seconds East, a distance of 13.11 feet to a point for . comer; South 89 degrees 43 minutes 31 seconds.West, a distance of 65.54 feet to a point for comer; North 40 degrees 33 miriutes 19 seconds. West, a distance of 13.11 feet to a point for _ comer; . North 89 degrees 43 m.inutes 31 seconds East, a distance af 65.54 feat to the POINT OT - BEGINNING,'and containing 0.015 acres of land, more or less. _ . R... , _ . . ~ c:120081cod1280869 - jirn christal dme easementldocs11008137_esmtl2; rayzor tcmp.doc . . . . . . L ~ - :.:Ib. «k~~ ..51' ' E 7HOF 17 F LfNE TABLE UNE I BEARING I LENGTH Ll 54a33'19"E I 13.11' L2 , I N4013'19"W I 13.11' NORTH . ' , 300 0 300 Feet ; Baortng syaterti based on tha City of Denton GIS network. John D. Davis (Vol. 1115, Pg. 141) S89'43'31 "W 2336.65' CPK NU FJYD. - V ~ - - 3 P-M) . ~ + N 1514 . r JI1Vl CHRISTAL RD.AD f s ~o. 50' TEMPORARY CONSTRUC710N ESMT. V. JJ . F 0.015 ACRES„ N8943'31"E 65.54' sas•4s'31°w PROPOSED 20' D.M.E. EASEMEN:T 39.32' ~ S89'43'31"W 65.54' • PROPOSED 30' EASEMENT de RIGH7-OF'-WAY ~ . . ~ I ~ I l ~ 0 ~ Section 1, Tract 7 ; Ra.yzor Investments, Ltd. I Ja (Vol. 1796, Pg. 601) , _ ` , ~ ° - . . . . - r~.... ~ ` . ' a Q . ~ W.. ~ ~ E ~ ~ 50' 7'emporary Construction Easernent 0.015 Acres in the rthUr Surveying Co.,.-nc. John Scott Survep, Abst. No. 1222 Professzonal Land Surveyors City of Denton ' 972-221 9439 Pax 972Zzz-asrs ~ Denton County, Texas zzosIm streeG sLxiro soo - P.O. ador 54 \ - - - 2010 - Zawisville, Texas 75067 ' QuQQs\a09\Z5Qa19 -Jm Cnntlel OME Eanm.nt\drq\700e127annN2 Papnr e.mv.a«p »nenmo uniao ,w csr . ~ EXHIBIT C7 1 OF 12 , rt-lur SCo.,nc: . .Frofession~.F 5azrveyors = . P.O. Box 54 - Lewisville, Texas 75067 . Office: (972) 221-9439 - Fax: (972) 221 -4675 . - TEMPORARY CONSTRUCTION EASEMENT 0.115 AG'RES CITY OF DENTON, DENTON COUNTY, TEXAS BEYNG all that certain lot, tract or parcel of lanii situated in the Thomas Toby Swrvey, Abstract . Number .1285, Ciiy af Dentoin, Denton County; Texas, and _being a part of I,ot 2,_ Block A, . Weslpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according ta the pIat thereof recorded in Cabinet Y, Page 169 of the Plat Records af Denton County, Texas and being more particularly described as follaws: BE.GINNIlNG at a%2 inph irom rod with ayellow cap stamped "ARTHUR SURVEYIIVG COMPAIVY" set at tlie most southeast corner of Western Boulevazd, a public roadway and being ia the north line of Airport Road, aIso known as F.M. 1515, a public roadway; TJUNCE over, across and through said Lot 2 the!following three (3) catlsc Nqrth 00 degrees 17 minutes 36 seconds Fast, a distance of 100.00. feet to a poiut in the north Iina of a 100 foot wide easement tp T.P.&L. Company, recorded iin„ Volume 911, Page 894 of the Deed Records of Denton County, Texas; ' South 89 degrees 42 minutes 24 seconds East~ with the north line of said lOQ foot wide . easemen4 a distance of 50.00 feet to a point for camer; South 04 degrees 17 mi.nutes 36 seconds West, a distance of 100.00. feet to a goint in tlie north line of said Airport Road; TEENCE North 89 degrees 42 minutes 04 seconds 'QVes4 a distance of 50.00 feet to the POINT OF BEGINNlNG, and containing 0.115 acres of land, more or less. , ~ . 0,p •,~fFr~~`4 ~ ``C}•~~~Fy + ,l. . , - 5~ S:iJ2 vd~ ~ •,'~r0 u c:120081cod1280859 - jim christal dme eesementldocs11008127_esmt4 wesipark addn temp.doc EXHIBIT C1 ~ 2 OF 12 ~ 30 N~O R T W 30 Feet ~ . . . a i Bearing syatem boaed on the City of Oenton GIS network Lot 2, Block A Westpark Addition, Phase 2 . ~ Cabinet Y, Page 169 - ~ ~ P.R.D.C.T. 16' UTILITY ESMT. -(V.122i . /P:SSO) - cq L ^ - - - . s89•42'04"E 50.00.1 ~ y 5/B7 R.F 0 I w - - - - - - - - - - ~ C~~., ~ ^i 7 I 0 ~o _ TEMPORARY ~ CONSTRUCTION ~ EASEMENT o ~ . I I ic 0.115 ACRES O ~ PROf~OSED Z r^ EASEMENT Ae vl I RIGH7-pF-WAY O~ ~ ~ ` I Z ! ~ ~O \ unun esMr. - (u1221/P.850) ~l.RF•. ...................14................. 1127.R.F. N89•42'27"w N8942'04"W 293.07' 50. 00" . P. V. , AIRPORT RDAD N F.1YI. 1515 , Temporary Constructron Easemen.t .~r~ ~ 0.I15 Acres in the A ~hur Survey ~ Thomas Tobp Survey, Abst. No. 1285 Professional ~and Surveyors rilt9' of Denton 972-221 9439 - Fa3r972 Z21-4675 ' Denton County, Texas 220 sm sftet, suite 200 - P.O. Box54 - 2010 - Lewisvllle, Texar 75067 0\2D011\C13D\280b69 - J4m ChNRtnl DME E1Xeenen1t\tlwp\1009127_esnt4 VestpnrW Atltln tenp,tlwp 1023/20W 2,49N9 PM C➢T ~ EXHIBIT C1 " 30F12 9 _ rt-lur Surveying Co.', ~ nc. . 1°rafessional.~~ed.Saxzve,yrors . P.O. Box 54 -Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT . . 2.085 ACRES . CTTY OF DENTON, bENTON COUNTY, TEXA3 BEING all that certain lot,- tract or pareel of land situated in the Jame's Perry Survey; City of Denton, Denton County, Te7tas, and being a part;of Lot 2, Block A, Westpark Adiiition; Phase 2, an addition fo the City of Denton, Denton County; T'exas, according to the. conveyance plat, tliereof recorded in Gabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows: • BEGINNIlNG at a point ia the westesterly 1.ine of Western Bbulevard, a public roadway, said.; point being in the east li.ne of that certain firact of land described in deed ta Ra.yzor investments, LTD., recorded in Volume 1796, Page 601 of th,e Deed Records of Dentom County, Texas, aud being in the west line of said Lot 2 from which a%z inch uon rod found, at the :nortixwest corner ; thereof bears North 00 degrees 07 minutes 02 seconds East, a distance of 1884.59 feet, and bei:ag ' the beginning of a curve to the right having a ra.di~s of 1097.50 feet; T11ENCE over, through and across said Lot 2 the following eleven (11) calls: Continuing with said curve an azc length of 110.90 feet having a dalta angle of 05 degrees 47_ min.utes 23 seconds, whose chord bears South 21 degrees 38 miuutes 41 seconds East, a distance of 110.86,feet to a point for-corner; South 23 degrees 41 minutes 00 seconds .East, a distance of 46.71 feet to a point at the beginning of a non-tangent curve to the right having a radius of 1102.50 feet; Continning wfth said curve an arc Iength of 231.41 feet, having a delta angle of 12 degrees 01 minutes 33 seconds, whose chord bears South 10 degrees 19 minutes 03 seconds East, a distance of 230.98 feet to a point for corner; South 01 degree 09 minutes 15 seconds West, a distance of 28$.12 feet to a point for ' ' corner; South 04 degrees 33 minutes 23 seconds East, a distance of 50.25 feet to a point for comer; South Ol degree 09 minutes 15 seconds West, a distance of 447.01 feet to a point for comer; : South 06 degrees 51 minutes 53 seconds West, a distance of 150.75 feet to a point for . corner; . 620081cod1280869 - jim christal dme easementldocs11008127_esmt6 westpazk addn temp.doc EXHI6IT G1 4 OF 12 ' - .rt. l~.r Sur' ~e Co r~c. ying ProfessionaF :Z,and Sumeyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 . , South Oi degree 09 minutes 15 seconds West, a distance of 179.42 feet to a point at ttie beginning of a curve to the right having a radius of 13 87.50 feet; Continuing wzth said curve an azc length of 179.10 feet, havzng a delta angle of 07 degrees 23 minutes 45 seconds, whose chord bears South 04 de'grees 51 minutes OS seconds QVest, a distance of 178.98 feet to a point for corner; . South 08 degrees 33 minutes 00 seconds Wesf; a dista.nce of 293.26 faet to a poi-tt for comer; South 75 degrees 33 minutes 35 -seconds West, a distance af 14.30 feet to a point in the . east line of said Rayzor Investments tract~ TSENCE North 00 degrees 07 minutes 02 seconds East, with the east line of said.Rayzor Investments tract, a distance of 251.19 feet ta a point for comer; THENCE over, through and across said Lot 2 the following ni.ne (9) calls: . , North 08 degrees 33 minutes 00 seconds East, a distance, of 50.37 feet to, a point at the begiuning of a curve to the left havi,ng a radius of 1337.50 feet; Continuing with said curve an azc length of 172.65 feet, having a delta angle of 07 degrees 23 minutes 45 seconds, whose chord beazs North 04 degrees 51 minutes 08 seconds East, a distance of 172.53 feet to a point for comer; North 01 degree 09 minutes 15 seconds :East, a distance of 181.92 feet to a point for . comer; -North 06 degTees .51 minutes 53 seconds; East, a distance of 150.75 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 442.02 feet to a poin.t foT Corner; ' North 04 degrees 33 minutes 23 seconds,West, a distance of 50.25 feet to a point for . . comer; North 01 degree 09 minutes 15 seconds East, a distance of 288.20 feet to a point at the : baginning of a non-tangent curve to the 1.efEhavin,g a radius of 1052.50 feet; Continuing with said curve an azc length of 21538 feet, having a delta angle of 11 degrees 43 mirzute 29 seconds, whose chord bears North 10 degrees 17 minutes 43 seconds Wes~ a distance of 215.00 feet to apoint for comer; 0200$1cod1280869 - jim christal dme easamentldocsll008127 esmt6 wcstpark adda temp.doc . , EXHIBIT C1 5 0F 12 . e ~ rt-lur 6urveying Uo., _ nc. . : , Psofessioxw r.an.a Suxve,yors P.O. Box 54 -Lewisville, Texas 75067 . Office: (972) 221-9439 - Fax: (972) 221-4675 North 23 degrees 41 minutes 00 seconds West, a distance of 31.45 feet to a poinC in the east line of said Rayz4r.Invesxments tract; TIENCE North UO degrees 07 minutes 02 seconds East, with the east line of said Rayzor Investntents tract~ a distance of 133.67 feet to the POINT OF BEGINNIlrTG, aud containing . 2.085 acres of land, more or less. . . ~ t c:120081cod1280869 - jim christal dmc easementldocs11008127 esmtY westpark adda temp.doc ; - ,r.. _ .ti . EXHISIT C1 / - 6 OF 12 "r.R F ~ ~ (c.M) N ~ ~ Elc~ NC]RTH .ga~ 200 0 200 Feet w Beorinq syrtem baced qq the Ctty nf Denton CIS network. ~ p,Sq V ~0,CIO~ 1]NE TABLE ~ o~ ~ N bi U LINE I BEARING 1 LENG7H ~ Z \ a"~ 17 1 . g23 141'00'E I 16J1' L2 I Sq4 -~3'2j'E I 50.25' ► ~ L3 I 50651'53_ 50 5' ~ • ~ • ` ~ L4 ! .5~1'Q9Y5'W f7~q-4p• v e~~~ L5 I S]5'~7;T5_11/ I 14.30' I, ~ I L6 I~_Np9"J,S'00'F 1 50_37' - \ i i7 • i No~ro@~s'~"~ 2• W 1 LB I NOB'St'S3'E I 5 N~ 1; ~ f LD I .NO}'33'23'W I 5 ' 0~ ~ ~ I L10 I~~N?3'41'OD'W 1~7.95' ^ ~ , CURVE 7ABlE Z CURVE IRADIUSILENOTHI DELTA I CHD BRCt ICHORO n 1 ~1 C} H09z.50'1 HO_9D' I~ 1 " ~ 110_86' 1 C2 il1o9.so•I y31.4f: I 12p~13f~1 sro7a'n 230_90.' 1 cs i g 1 eigs•4s• 1 ana~+,na•w i 27e.se~ /11 C4 f~33z_50' 172.65' 1 07xi3'45" I MD43('0 ° 53• 0~ C5 1105250'`-21538'1174~'29' I N10'17'43'W 215.40' ~ ~ a ~ a w ' A~VLoO~' ~ ~ V °`Q:-N ~ o od . ~ ; ~ oo O t i ~ CIO Ap NI . g I ON 1 Id,; Z I > ~ 1 ~ 7EMPORARY ACCESS, CONS7RUC710N & I GRADING EASEMEN7 JI T'n I DOC. N0. 2008-32338 ~ 1 ~ I ~ W 1 . 1 W ~ r i z f LO la , o z- o ~ o ~ i Z .MATCH LIN& v) 50 'Temporary Construction Esmt. 2.085 Acres in the . James perrp Survey, Abst. Na. 1040 City of Denton Denton Count Texas ~1. ~ 1 i I ! ~ •.~a ti . OG wry~~~~ ~~q... - ~ '589'42'27"E ~ 1482.98' I Qf.R.F. ~ - - ~~"'AIRPORT ROAD N F. M. 1515 rthur Surveying D., In-c'. .Professional Land Stu-veyors 972-22Y-9~439 - Fax972-221-4675 p~ 220 E1m Stru; Saite 200 P.O. Bar 54 l - 207 0- Lewisvillq Teaes 75067 ~ C(\2008\C0D1280B69 -.NM LMlsfnt DI1E EusenrntWrpV008127_esnt6 MRsipurk Addn ienptlrp 10/25/PO10 9,09H6 PN CDT . 'MATCH LI 4 , ; o-4o1 I .I o E..; i ~ P" ~.i C,) i A c-' F+y ~.I..~ ' ' ~ O + m N ' f O I a~ JMrn ' Z NI ~2 N I 5 I ~ oa`~i O N O ~ I 1 . ; . , . . , ~ , . - i , , . . . ,.i__ ~ _ iF:~.~.n EXHIBIT C7 70F12 . . ~ . A rt-lur Surveying Co.,- nc. Prafessio~a,Z Zarzd Sazxveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439; - Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT 2.701 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BFING all that certain lot, traat or parcel of land situated in the James Perry Survey, Abslxact Number 1040, City of Denton; Denton County, Texas, and being a part of T.,ot 2, Block A, Wesipark Addition, Phase 2, an addition to the City of Denton, Dariton County, Texa,s, according " to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more parlicularly described as follows: , BEGIlVNIlVG a# a point in the west line of said Lot 2, and the east line of that cetain tract af land described in deed to Rayzor Investments Ltd., recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, from which the southwest corner of said Lot 2 bears South 00 ' degrees 07 minutes 02 seconds West, a distance of 4777.30 feet; 1'EIENCE North 00 degrees 07 minutes 02 seconds East, with the west line of said Zot 2, a distance of 106.44 feet to a poiIIt for corner; THENCE over, through and across said Lot 2 the following fifteen. (15) calls: South 27 degrees 53 minutes 59 seconds East, a distance of 371.48 feet to a poinr at the :beginning of a curve to the right having a radius of 1327.50 feet; Continuing with sa.id curve an arc length of 673.16 faet, having a delta angle of 29 . degrees 03 minutes - 15 seconds, whosd chord beazs South 13 degcees 22.. mmutes 21 seconds East, a distance of 665.97 feet to; a point for corner, Sonth Ol degree 09 mi.nutes 15 seconds West, a distance of 668.75 feet to a point for corner; . , South 04 degrees 33 minutes 23 seconds East, a distance of 150.75 feet to a pbint for comer; South OI degree 09 mi.nutes 15 seconds West, a distance of 190.92 feet to a point at ttie ' beginning of a curve to the right having a.ra.dius of 1642.50 feet; Continuing with said curve an arc length of 212.02 feet, having a delta angle of 07 degrees 23 minutes 45 Seconds, whose;chord bears South 04 degrees 51 mi.nutes 08 seconds West, a distauce of 211.87 feet to a point for comer; South 08 degrees 33 minutes 00 seconds West, a distance of 136.34 feet to a point for comer; c:120081cod1280869 - jim cfuistal dme ea9ementldocs11008127 esmtl l westpark addn temp.doc EXHIBIT C7 8 OF 12 ~ rt-iur SCo, ;nc. . ~.°rofessionaP JC,and S'urve'vors P.O. Box 54 -r Lewisville, Texas 75067 ' Office: (972) 221-9439 ~ Fax: (972) 221-4675 . , South 71 degrees 38 minutes 40 seconds West, a distance of 56.07 feet to. a point for corner; North 08 degrees 33 minutes 00 seconds East, a distance of 161.71 feet to a point at the beginning of a curve to the Ieft having a radius of 1592.50 feet; Continuing with said curve an arc length of 205.56 feet, having a delta angle of 07 ' degrees 23 minutes 45 seconds, whose: chord bears North 04 degrees 51 minutes 0.8 seconds East, a distance of 205.42 feet to :a point for comer, , . North 01 degcee 09 minutes 15 seconds East, a distance of 188.42 feet to a point for • corner; North 04 degrees 33 minutes 23 seconds West, a distance of 150.75 feet to a point for comer; Nozth UI degree 09 mi.nutes 15 seconds East, a distance of 671.25 feet to a point at. the ' beginning of a curve to the left ha.ving a radius of 1277.50 feet;. , Continuing with said curve an arc length of 647.80 feet, having a delta angle of 29 degrees 03 mi.nutes 14 seconds, whose chord bears North 13 degrees 22 minutes 22 seconds West, a distance of 640.88 feet to:a point for corner; North 27 degrees 53 minutes 59 seconds West, a distance of 277.51 feet to the POINT OF.BEGINNING, and containi.ng 2.701 acres of land, more or less. ' c:120081cod1280869 - jim chrlstal dme easementldocs11008127 esmtll westperk addn temp.doc ' EXHIIT C1 ~ 9 O 12 ' - • I II ~ - ~ . GURYE 1 RADlUS 1 LfNGTi I DEtTA I CF1D 6R0 I CIiORD ct 17642.50' 2oz' I_ 77s.45~i se4~j.~v i 2r,•er t ~ NATGH LINE C2 h592.50' 205.Sfi'1 723'4t' I' IJ~A'S7'OB'E 1205.42 ~ i , I. :LINE 7ABLE I 1 NORTHL1NE I BEARING I LENGiH . 200 0 200 Feet U I N00'07'02•E I 706.o'. . . ; ' i L2 I '23"IF--i 15DJ L3 I 508'33'00"W I 136.3~ Bearing aystwn based on the City of Oenton q5 network. L4 ! 571'38'40"W I 56.07' I ~ L5 1 (JOS~a'ao'~i fs1.7f~ I . 1 :0 LR.F.Q W I L6 I~N04 33'23"W 1 15DJ5 E M ' \ (GA/.) 1 s o N n . ~ p N Z ^ . ` y N ~ N-A 40` C', ~ , . 1-~ \ U~~, ~ ,N~, ~ U . O -a% \ a~ % A ~ NN LTk,~~~ 111 ~ ~ p qpI 1tFnr1 cr w . rn ~ _o ~ + il I ~ IUTATCH LINE -IT 50' Temporary Construction Esmt. . 2.701 Acres in the ' James Perry Survey. Abst. No. 1040 City of Denton Deaton County, Texas - 2010 - rt-lur Surveying Co., Inc. A .Yrofessioaal Larzd Surveyors 972-221-94.Y9 Fax 97Tr221-4675 2208(m 54r S'te 200 P O.B 54 I.R.F. (~M~ a I.~ cx,H ~ <qZ. o~T ' ~ . ,w„ o~y a'o°.paz ~ tt7 ' ln' g: C ~ - o > o II I N o g N o.. ~ , - l u . i ~ I ~ N . 1 '~FII l~ C~ I i ~p~11I. 1fl~' I ~ ~ Z t . I. ' S89'42'27"E 231.22' ~ .e; ru . . ac r Lewisv.Ule, Texas 75067 C~\800H\CD➢~2BbB69 - Jln pWStol DME Eosment\tlvpV008127_esnttl VesSpvk Addn tenp.qwp 10/ES/2010 4,18,EQ PM CDT 1 ~ 1. I ~ 1. ~ , ► 1 ccv~ ii ~ .izi 1 ! ~►~~.j 1 ~ Il ~ . ~ E~o oF i zl ~ rt-lu'r Surveying Co., ~ _nc. .xofessional .L,an.d Sau-veyo.rs : p P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 22 T-4675 50' TEMPORARY CONSTRUCTION EASEMENT 1.633 ACRES ' CITY OF DENTON, DENTON CUUNTY, TEXAS ~ BEING all that certain lot, trract or parcel of lgnd situated in the James Perry Suzvey, Abs.izact Number ' 1040, City of Dent4n, Denton County, Texas, and being a part af. Lot .2, B,lock A, Westpark Addition, :Phase 2, an addition to the City of Denton, Denton Gounty, Texas, a.ccord'uig . to the conveyance plat,thereof recorded in Cabinef Y, Page 169 of the 1'lat Records of Denton County,. Texas, and being more particuIarly described as follows: COM1VlENCIlNG at tbe northwest corner of Lot 1 of said Block A and being in tha south line of said I,ot 2; . . THENCE South 71 degrees 38 minutes 40.seconds West, over; through and across said Lot 2, a: distance of 532.30 feet to a point at the northea$t comez of a Drainage Easement to the.:City of Denton recorded under Iastrumant Number 2p08-32334 of the Real Property Recozds. of Aenton County, Texas; . ~ THENCE South 75 degrees 34 minutes 52 seconds West, continuing across said Lot 2 and with . the northarlq line of said Drainage Easement, a distance of 98.24 feet to a point :in the easterly Iine of'OVestern Boulevazd, a public roadway; THENCE North OS'dagrees 33 minutes 00 sec'onds East, with the _east iine of saaid Westem Boulevard, a distanc,e of 70.95 feet to the POIlVT;OF BEGINNING; _ THENCE North 08 degees 33 minutes 00 secoilds East, with the easterly line of said Westem Boulevard, a distance of 56.07 feet to a point for corner; TSENCE over, through and across said Lot 2 the following seven (7) calls: Noith 71 degrees 38 minutes 40 seconds East, a distance of 593.44 feet to a poirxt for corner; . ' ; South 88 degrees 50 minutes 24 seconds' East, a distaiice of 685.66 feet to a point for . corner; South Ol degreB 06 minutes 45 seconds West, a distance.of 189.57 feet to a point 'for corher; North 88 degrees 53 minutes 15 seconds West, a distanCe of. SOAO feet to a point for . . , comer; c:120081cod128Q869 - jim christa] dme easementldocs\1008127 esmt9 westpark addn temp.doc i Eii oFizl , rt-lur Su:rvc ing Co. -nc. ~ Y 11~rofessional Laxsd Suzve7ors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439: - Fax: (972) 221-4675 North 01 degree 06 minutes 45 seconds East,.a.distance..af.139.61 feet to a.paint for comer; . North 88 degrees 50 minutes 24 seconds West, a distance of 627.10 feet to a point for comer; . South 71 degrees 38 minutes 40 seconds West, a distance of 610.22 feet ifl the POIlVT OF BEGIlVNING, and containing 1.633 acres of land, raore or less. OF ~ . ~ 6 'f~bF 4 ic•Tc.~w - , . .1,.,,^ . -`,°EfF•~. ' . . o.r. ~.±i ~•4'`';.••_ .a;;`~'~` ~ c:120081cod1280869 - jim christaI dme eesementldocs11008127 esmt9 westpark addn temp.doc ' - ~ ement ~ I 16' Utility Epe Yeuas GVdQ 12 7 t P8. 681 F eet RaUr ur Easement of Denten GIS ~ I Ba~iv 1175. P 9. 8 5 5 City „ e~9 685.66' _ c«r9tmctlw~ S58'50,24 E ~ . - ent ; ~ ~ ' ~ . ~ , ~ TemP s zo a ~ 40 I w 1.633 A~E ~ ~ ~ ~ , tc) s . .0 ~~rJ 9 ~ ~v 5/g7.R.F`'~'' 0 S88'50'24"E 545A9' (0.) . ta5 ~~0~ ~ ~P.'f L2 . t~+Q s ~ ~ ~3~~ I 1 I ~ • ~ ~ ~ G~ ~ • , ~ . J~. ~~c~°~ • g ~o ~ . N ~ ~ , yot 1 Block A 2 ~ m ~ ~ ~ ~ ~ ° ~tion> Pb~ ~ ° westpa& 0. ~ P~e 16R A70 0- ~ LO ~ Cabin ' N0. 1040 2} JAMES PE ~Y ~Y' ABST. N0. 1285 AIIT. iN~AS 7 'N- _4-°--~' KS°4'b4 ~ ~ ~ • ~ . N ~ I I~~ ~ ~ o ~ '~v~' G'`•' 150•x150' 7emP°r°ry A E in e~t. . z - i I I Q~ ~ ~ Gradin9 32334 Q ( f' Constructionido: 2008" • .2F ement ,1 = 588'49'49"E os 508.56' Orolnng 00B-3Z334 _ nst. No. 518.78- 4C~ OF {c.M.). , i~ • a +p~ ~ T6 }/2°!.R-t6' U{il' t y Ease Texas t ~ ,~0`' 97t ps, 681 ° ~ .s._• ~}~Eil' 12 ' LINE 'TABLE ~ ~.ENGTH ~'?J cf _ RING ~ r E E B j 56:07 j,nt 1} B •,3'.. . u; 4~ ~ ul.1. ; ND8'33'05~w ~ 50 ~ • ~ , '1~ -a'to~' ~ i~ •if '"a ld;s •-';:r~- ~ { ' i ~ ~ ~2 ~ MaNOt' a'os'4e"E ~ 139.61, 7~ 9 "t M GabinetC,I'~~127 {v~ L3 R- ~ 98:?4 Q S75'3452 ~ 1.~ 5'~~ L4 ~ ~ W L5 ~ NOS'33 00 F 1 ! 71.97' L6 ~ N88'49'49"W Sur'ely°zs _ J . 5 8 ~R ~ yrOfcSSion~ Esm~• gftt 972.yy1~5 struction ~ - - - ~ TemPorarY Con ~.fiJy ~ 1515 97Y227{9489 " ~ p 0.13auc / ~Z. ,~,~,s~~ s,~ CT6S y~~sv~72o, TB7iss 75~7 5~'. the iQ4Q AIRPQ . - ~..633 A Abs't. NO• . e, JarneS per C y~. DeAtbn . " J eountY~ Tex~ Denton _ 2oso - Exhibit "D" To Contract EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in the Thomas Toby Abstract, Survey 1285, the John Bacon Survey, Abstract 1541, and the John Scott Survey, Abstract 1222, and being more particularly described and illustrated in Exhibit "A" which is attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"). And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interFerence with and removal of any of such items. The easement rights granted herein are for the purpose of erecting, operating, maintaining and servicing thereon (i) one or more underground and/or above ground electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components; (ii) one or more gas pipelines, along with all necessary or desirable appurtenances, attachments, and supporting structures, including without limitation, surFace mounted equipment, conduits, cathodic protection equipment and aerial markers; and (iii) one or more thermal energy commodities pipelines, consisting of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable appurtenances and supporting structures (the matters described in paragraphs (i) through (iii), above are collectively referred to herein as the ("Facilities"), said Facilities to be located in, on over, under, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. Exhibit "D" to Contract Page 1 of 3 Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interFere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities ("Grantor Facilities") necessary or desired for the conduct of Grantor's development of the Grantor's adjoining property so long as Grantor's use of such groundspace does not unreasonably interFere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the Facilities, then such Grantor Facilities shall require the written approval of the City Engineer, such approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantor Facilities using industry standard materials and methods; provided, however, in remedying any Grantor Installation Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantor Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then-current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth hereinbelow. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. Grantee, at its sole cost and expense, shall perform or cause to be performed all work necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be perFormed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantor shall have no obliaation. monetarv or non-monetarv,, to maintain the Easement Propertv. Exhibit "D" to Contract Page 2 of 3 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. This easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns and the benefit of Grantor, its successors and assigns. Witness my hand to be effective this day of Rayzor Investments, Ltd., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Philip A. Baker, Vice President ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF DENTON § 12011. This instrument was acknowledged before me on this the day of , 2011, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public - State of Texas My commission expires: Accepted this day of (Resolution No. 91-073). By: After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson , 2011 for the City of Denton, Texas Paul Williamson Manager, Real Estate and Capital Support Exhibit "D" to Contract Page 3 of 3 EXHIBIT A 1aF18 . rt -lur Surveying Co. ; nc. a A Professional:Zaud Sa.zra~e,yrors ' P.O. Box 54 Lewisville, Texas 75067 ' Office: (972) 221-9439 ~ Fax: (972) 221-4675 . . , . 0.451 ACRES CITY OF DENTOhT, DENTON COUNTY, TEXAS . - BEING all that certain lo4 tract or parcel of land situated in the Thomas Toby Survey, Abstract.. Number 1285, ;City of Denton, Denton Couniy, :Texas, and being a part of that carta.in tract of land deeded to Ra.yzor Investmtnts, LTD. and described as Section 1, Tract 8, recorcled in Volume 1796, Page 601 of the Deed Record§ of Denton Coun#y, Texas, and being more particularly deseribed as follows: BEGINNING at a%z inch iron rod found at the southeast comer of that certain tract of land described in deed to Dorothy Nell Cook, recorded in Volume 982, Page 29 of the Deed Records of Denton County, Texas, said point being in the'.north line of Airport Road, also laiown as F.M. 1515, being a public roadway; ' THENCE North 00 degrees 01 minute 58 seconds East, with the east line of said Cook tract, a distance of 30.00 feet to a point for corner; ~ THENCE South 89 degrees 42 minutes 27 secohds East, bver, across and through said Rayzor Uract; a distance of 654.67 feet to a point in the West line of that certain tract of land described. in deed to the City of Uenton, recorded in Volume;516, Page 648 of the Deed Records of Denton . County, Texss; TJECENCE Sonth OU degrees 08 minutes 14 sec.'onds East, with the west line of said City of Denton tract a distance of 30.00' ~feet to a point at the southwest corner of said City of Denron . tract and 6eing in the north line o:f said Aizport Road; 1-fMNCE North 89 degrees 42 mi.nutes 27 seeonds West, witli the north line of said Airport Road, a distance of 654.76 £eet to the POIlVT Ot BEG]NN1NG, and containing 0.451 acres of land, more or less. ~ . ~ `r~ f G~ ..ss7 c:120081wd1280869 - jim christel dme easement\,docs1I008127 csmt2;rayzor.doc - ~ . i / . . . N°i~TH oo 100 Feet 1 Beoring syalem bosed on the Ciky oF Denton GIS netwwk O(GM.) . dR.F. R I CP"p ~ ~Qod . . `9° tn Z ~ T r• ~ I.R.F. Section 1, Tract 8 Rayzor Investments, Ltd. Voluine 1796, Page 601 D.R.D.C.T. (remainder) UNE TABLE LINE ' I BEARING 1 LENGTH ' L1 I N00'01'58"E I 30.nn' L2 I sooI )8'14"E I 30.90' !3 I N00 Ui'S8"E I 50.00' L4 I soobs'1a^E I so.no' % G~~~`',~4,9G ,10 9 f PROPOSEQ 50' TEMPORqRy CONSiRUCTION EASFJulEN7 S89'42'27"E 654.67' 30' EASEMENT ~ cv N89'42'27"W 654.76' - - - - y. (0.2. AIRPO.RT ROAD. rv F.M. 1515 - ~ , 30 ~ Easement y 0:451 Acres in the Thomas Toby Survep. Abst. No. 1285 ' City of Denton Denton County, Texas. w. \ -2010- . ` a~zow~m~e -.an a~rissu~ u+E e.s~„encw.oruooe~_es+te rmnma.o toszsizaio Eemss re cor 1am.1 _J~__ LltF.D N89'42.y'27„W 597.00' rthur SCo, _nc... ~ Professional Laiiai Surveyors 97~221 9439' - Fax 972 22I-4673 220J57M StmeK Seiite 2(AD -P.O. Box 54 . Lewiss,~7le, Traras 75067 ~ ~ ~ NK oWx °oa EXHIBIT A 3OF18 • ~ , . rt lur Surveyin.g Co., _nc: . B'rofession.-d Laud Suz-ve,yo,rs . , . 1'.0. ,Box 54 Lewi'sville, Texas 75067: ~ Office: (972) 221-9439 ~ Fax: (972) 221-4675 - 1.720 ACRES , CTTY OF DENTON, DENTON COUNTY, TEXAS ' BEING aIl that certain lot, tract,or parcel of land situated in the Thomas Toby Survey, Abstract . Number 1285 and the Jolin Bacon Survey, Absiract Number 1541, in the City of Denton, DEnton , County, Texas, and being a part of that certoin tract of land described in deed to Rayzor Investments, LTD., recorded 'va Volume 1796, Page 601 of the Deed Recorcis of Danton. County, - Texas, and being more particularly described as follows: BEGINNING at a point in the east line of that 6ertain tract of land degcribed in -deecl to the. Ciiy: - of Denton, recorded in Volume 516, Page 648 of the Deed Records of Aenton County,. Texas, from which a'/z inch iron rod found at the southeast comer thereof beazs South 00 degrees 08 minutes 14 seconds East, a distance of 16.00 feet and being in the north line of Auport J:tosil, also : known as F.M. 1515; a public roadway; , TEOENCE North 00 degrees 08. minutes 14 seconds West, witli the east line of said City of ' Denton tract, a distanee of 30.00 feet to a point f6r corner, , THENCE over, across and through said Ra.yzor Investments tract the following nine (9) ca:lls:. ' South 89 dsgrees 42 minutes 47 seconds East~ a distance of 78.97 feet. to a point for corner; ; North 23 degrees 43 minutes 52 secontis East, a 8istance of 48.90 feet to a point for . comer; North 00 degrees 17 minutes 36 seconds East~ a distance of 10.70 feet to a point at the „ beginning of a curve to the right having a radius of 1309.50 feet; Contin»in withsaid curve an arc length of 238.39 feet, having a delta angYe of.10 degrees 25 minutes 49 seconds, whose: chord bears North OS degrees 30 minutes 30. . seconds East, a distance of 238.06 feet to a point for comer; North 10 degrees 43 minutes 25 seconds East, a distance of 333.66 feet to a point at the beginning of a curve to the left having a radius of 1090.50 faet; Continuing with said curve an arc length of 182.46 feet, having . a delta angle of 09 . degrees 35 minutes 12 seconds, wliosei chord bears North OS degrees 55 minutes 49 seconds East, a distance of 182.25 feet to, a point for corner; North 01 degree 08 mi.nutes 13 seconds East, a distance of 33.62 feet to a point for corner; c:12U081cod1280869 - jim ehristal dme easemenfldocs11008127 esmt5 rayzoi revised.doc . i.. . . _ _ , . , . : , . . _ _..,_,.,s~:.~. Ea o~FIis , A rt_iur Surv*CYing Co', =nc. Professiorzal F_and Surve„yors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 : - Fax: (972) 221-4575 . North OQ degrees 07 minutes 02 seconds East, a distance of 1541.14 feet #o a point for corner; North 75 degrees 33 minutes 35 seconds East, a distance of. 31.00 feet to a point in the west line of Lot 2, Bldck A, Westpaz~ Addition, Phase 2, an addition to the Ciiy of Denton, Dentan County, Texas, according to the conveyanee. plat thereof recorded in Cabinet Y,'Page 169 of the Plat Recorcls; of Denton County, Texas; TEEENCE South 00 degrees 07 minutes 02 seconds west, wtth the west line of said Lot 2 arid. then continuing with the westerly line of Westem Boulevard, a public roadway, a distance of 1549.47 feet to a point for comer; . TIMCE South 0 1 degree OS minutes 13 seconds West, coniinuing withthe west.line of said Westem Boulevard,. a distance of 33.62 feet to ja point at the begirining of a etarve to tlie right having a radius of 1120.50 feet; THENCE continuing with said curve an arc length of 187.48 feet, having a delta angle of 09 degrees 35 minutes 12 seconds, whose chord bears South OS degrees 55 minutes 49 seconds West, a distance of 187.26 feet to a point for corner; . THENCE South 10 degrees 43 minutes 25 seconds west; continuing wi.th the west~ line of said _ Westeru Boulevazd, a distance of 333.66 feet to a point at the beginning of a curve to the left having a radius of 1279.50 feet; THENeE continuing with said curve an azc length of 232.93 feet, having a delta angla of 10 degrees 25 minutes 49 seconds, whose chord bears South QS degrees 30 minutes 30 seconds Wesk.a distance of 232.60 feet to a point for corn,er; THENCE South 00 degrees 17 minutes 36 secohds West, continuing with the west line of said Westem Boulevard, a distance of 16.92 feet to a point for corner; ' THENCE South 23 degrees 43 minutes 52 seconds West, conti.nuing with the west.Iine of said Westem Boulevard, a distance of 74.81 feet to a point in the west Iine of said Western Boulevard; THENCE North 89 degrees 42 minutes 47 secoAds. West, over, across and through said Rayzor Investments tract, a distance of 98.44 feet to the POINT OF BEGINIVING, and contain,ing 1.720 acres of land, more or less. c:120081cod1280869 . jim christal dmo easementldocs11008127 esmi5 raycor revised.doc 5~=~{; ~ .~A, Vf • ~ y~ ~ ~ • ` ~ . . , EXHIBIT A / , • 'S0F18 U N a/e~1,~.F \ a s ~ ~ ~TCH LINE 854~~+ NORTH. 100 0 100 Feet W co ~ . ~ ~ co N Beorfng syatem baeed on the Clty of Den4on GIS natwork. H7 le) Rayzor Investments; Ltd. W? ' F~ Volume 1796, Page 601 :Z;' 4r ~ D.R.D.C.T. N, h . ~ JOHH BnCON St1RYEY,.A957. N0. 7541 i+ O r . i HBrikS TOSY SURVEY, nSS7. ~d~7. 1285 0~ I O . W ! . ' 0 o LC) LO ~ ~ o 9°~io • cbi `~F; I / Z ~ a ~ ~ A~U on~ 47 U p 05 Z p~j Q O j N o~ ~ ' 'r+~ ~ I ( ~ ~r~j . 1 1 ~ ti' 11 nr jj t ~o 1 a- cy ~ n I N~~ I iN ~.:e J -I ' ^I p0 . , ~ ~N dCo-cfl ac)oi ` oNpN nC~ 14)~ at~►~ ~ Ra.yzor Investments; Ltd. N il ~ N^ ~ II ~ N Ov~ . Volume 1796, Page 601 to -j4 so' DRNG. ESMT.. ~ Z II ~ ~ D.R.D.C.T. a ooc. No. zoos-32sfo ~ ~ j ~ ~ : a ooi h Q o uo A O ~ti I^ I I . J 418 FUj N$942'47~'WJ M) MATCH LINE ' a 125 ~ s ~ T tLI0 _ ~ . \ ~ : I l.R.F. f.R.F. ~ (aM.) 16' URL ESMT.,. E V. ~V7221fP.B50) 10QV.9.P~ 8 94~T. ~ - - - AIRPORT. RDAD 30' . _ . . ~ F. M. 1515 . 1.720 Acres i.a the • John Bacon Survep, Abst. No. 1541 . ~.Thamas Toby Survep. Abst. No. 1285 _ City of Denton. I uNE tAeLE I - Denton C012Aty. Tegas I LINE . I BEARINC I LENGIN I ~a - 20i0 - ` I Lt I Noo•ae'i4"w i ao.oo' I I 1-2 I S8942'47"E 1 78.97' N23'<352"E I A8.90' T~a soa7~'3s°w I io.~o' ~ LS N61'O843"E I 33.62' ~ ~ : A rt.lur Surveying Co., Inc. 0 Pz•ofessioaalLand Surveyors Ls k75•33'35"E I 31.00' i ~ L7 . I 501'08'13W I 33.62' "•`S•• 972-221-9439 - Pax972-221-4675 I LB ~ I 50o'17'36"w 1 16_92' ~ '•.o 20 ~ .s~t sWxao0 - P.O.Sv~r54 I L9 S23'43•52•w i74.e1• I~ < 2 q'•SO~,~~.~4c~'p~.. LeWiSvMe` Taias75067 ~ LiD I N89'42'47"W I 98.44' I ~O'••U•••• / L11 : I S00!08'74"E 1 16.00' I S i~~ . 0\2008\C0D\880869 - JIn Chrlstol DNE Easenent\tlNp\ID001P7_esnt5 Rnyzor revlsedtlvp 10/2S/2010 341,25 PN CAi . , . . , . ' . : . : . . . - . _ . . . . . . _ . ,.I, ' . E6H016118 ' . . ' rt-lur SCo., -'nc. . Professiosea.Y Za2d Suxveyors p.0. Box 54 Lewasville, Texas 75067 Office: (972) 221-9439 , Fax: (972) 221-4675 2.667 ;4CRES CITY OF'DENTON, DENTON COUNTY, TEXAS , BEIIVG aIl that certain lot, trabt or parcel of land sifuated in the Jblin Scott Survey, Abstxact Number .1222 and the John Baaon Survey, Abstract Number 1541, Ciiy of Denton, Denton Couniy, Texas, and being a part of tihat certain tract of land described in deed to Rayzor Investments, Ltd., Section 1, Tract 7, recorded iii.. Volume 1796, Page 601 of the Deed Records of . Denton County, Texas, and being more particulairly described as follows: BEGINNIlNG at a point in the east line of ftt certai.n tract of land described in deed to Ed ' Wolski, Trustee and Virginia Fryman, recorded;in Volume 2895, Page 470 of the Deed Records of Denton County, Texas, from which the northeast camer thereof bears North 00 degrees 15 minutes 52 seconds Eas~, a distance of 55.00 fe4 being in and near the centerline of J'im Christal R,oad, a public roadway; THENCE over, through and across'said RayzorTnvestrnents tract the following six (6) calls: North 89 degrees 43 minutes 31 seconds East, a distance of 394.57 feet to a point for cornar; South 04 degrees 31 minutes 20 'seconds East, a distance of 338.80 feet to a point for corner; North 85 degrees 28 mi.nntes 40 seconils East, a distance of 311.18 feat to a point for corner; North 04 degrees 31 minutes 20 seconds West, a distance of 131.33 feet to a point for comer; North 40 degrees 28 minutes 40 seconds East, a dista.nce of 216.29 feet to a point for comer; ' North 89 degrees 43 minutes 31 seconds East, a distance of 595.05 feet to a point in the west line of Western Boulevard, a public; roadway; - THENCE with the west Iine of said Western Boulevard the following nine (9) calls: Soutb 40 degrees 33 minutes 19 seconds East, a distance of 2.54 feet to a point for corner; South 01 degree 09 mi.nutes 14 seconds West, a distance of 337.07 feet to a point for corner; cA2008\cod1280869 - jim christal dme easementldocs11008127 esrnt7 rayzor.doc ,e;: i-~ , . - , . . . . EXHIBIT A 70F18 rt-lu.r SurveYing Co., ; nc. Professzona.Y .L,arzd Sau~re,~ars. ' P.O.'Box 54 - Lewisville, Texas 75067 Office: (972) 22I-9439 Fax: (972) 221-4675 ~ South 04 degrees 33 minutes 24 seconds East, a distance of 201.00 feet to a point for corner; r South 01 degree 09 minutes 14 second! West, a distance of 80.14 feet to a point at the beginning of curve to the left having a rAdius of 1267.50 feet; Continuing with said curve aa arc length of 642.73. feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 , seconds East, a distance of 635.86 feet tQ a point for corner; South 27 degrees 53 minutes 57 seconds East, a distance of 393.57 feet to a point for corner; . South 22 degrees 11 minutes 21 secrnids East, a distance of 50:25 feet to a po. int for , corner; South 27 degrees 53 minutes 59 seconds East~ a distance of 159.75 feet to a goin# at the baginning of curve to the right having a radius of 1127.50 feet; _ ConYinuing with said curve an arc length of 4.42 feet, having a delta angle of 40 degrees • 13 minutes 29 seconds, whose chord be4rs Soufih 27 degrees 47 mjnutes 16 seconds East, a distance of 4.42 feet td a point in the west line of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the Ciiy of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 1.69 of the Plat Records of Denton County, Texas; 'THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said..Lot 2, a distance of 67.86 feet to a point at the beginning'of a non-tangent curve to the left having a radius ; of'1097.50 feet; T'HENCE over; through and aeross said Rayzor Investments tract the following fourteen (14) calls: ; Continuing with said curve an azc lengtti of 64.37 feet, having a delta angle of 03 degrees 21 minutes 37 seconds, whose chord beazs North 26 degrees 13 minutes 12 seconds West, a distance of 64.36 feet to a point foz corner; North 27 degrees 53 mi.uutes 59 seconds West, a distance of 161.24 feet to a point for - . comer; ~ North 22 degrees 11 minutes 21 seconds West, a distance of 50.25 feet to a point for , comer; c:120081cod1280869 - jim cluistal dme eascmcntldocs11008127 asmt7 rayzor.doc ~ , , i. . . . : _ . . . , . KXHIBIT A 80F18 _ rt-lur Surveying Co., _nc. " B'rofessionaY Land Sazz~eyors P.O. Bax 54 Lcwisville, Texas 75057 Office: (972) 221-9439 ~ Fax: (972) 221-4675. . I North 27 degrees 53 minutes 59 seccands West, a distance of 392.07 feet to a poimt at tlie beginning of a curve to the right having a radius of 1297.50 feet I , 4 ' Continuing with said curve an arc length of 657.94 feet~ having a delta augle of 29 : degrees 03. minutes 14.seconds, whose chord bears North 13 degrees 22 minutes 23 seconds West, a distance of 650.91 feet to a point for comer; ~ North 01 degree 09 minutes 14 seconds East, a distance of 78.65 feet to a point far corner; . Norkh 04 degrees 33 minutes 24 seconcls West, a distance of 201.00 feet to a point for corner; . North 01 degree 09 minutes 14 seconds East, a distance of 309.75 feet to a point for corner; South-89 degrees 43 minutes 31 seconds West, a disfance of 352.23 feet to apoint for corner; ' South 40 degrses 28 minutes 40 seconds West, a distance of 190.12 feet to a point for comer;South 04 degrees 31 minutes 20 seconds East, a distance of 148.90 feet to a paint for corner; South 85 degrees 28 minutes 40 seconds 'GVest, a distance of 371.18 feet to a point for corner; : North 04 degrees 31 minutes 20'seconds West, a distance of 340.94 feet to a point for comer; South 89 degrees 43 minutes 31 seconds West, a distance of 367.00 feet to a paint in the east line of said Wolslci tract; THENCE North 00 degrees 15 minutes 52 seconds East, with the east line of said Wolski tract, a distance of 30.00 feet to the POINT OF BEGINNING, and containing 2.667 acres of land, more or less. . c:120081cod1280869 -jim christsl dme easement\docs11008127_esmt7 rayzor.dac ..:~~,i__.. , EXHIBIT A ` 90F18 ~ ~ NORTH . ~ ~ 300 0 300 Feet ' Bearing eystem boaed on the City of Denton GIS network. ~ 7ohn D. Davis; (VoL 1115, Pg. 141) N894523"W Q.,%~. . 916.03' JIM CHRISTAL RDAD J • . M I.R.F. ( . . _ 89,43 31 F PROPOSED 27 0.M_E EASEIAEMT ~ ~ - - (GM•)~~ L3 A ) . ~ . ~ ~ - 394.57 L--N89 43'31"E- 595_05= s/ S89 43'31"W o_ c~, S89'43'31 "W 552.23' 367.00' ~ cv m J ' =4J ~ Dd' ~M~ r ~ o~ I N rn~'~ M i • o~ ~ . (r- ~ .0 r! ~ . ;n' - ' , ~ r ' pSd t#~ ~ C, NN85'28'4,0 E ~ " o ...W ; . . , , LLC ° cn E 'esi e EnerbYi . ° 311.7 8 " , ~ z In~t No. 2010-70722 ,.^a r'- . i $$~J Z804O"w t.o 14 o 371.1 0' v o ~ r-- G M p d. N~ d N d ~r~ Z N t~ .7 ti: 6~ ~ t+G 0 ~F i~ ~u ~ ~1~ ~ 7• J , ~ ~ • . :1: ' .u• . . tn I I2 ,I . if) 0' V) • g 'a N S'BRdOII 1, T13Ct 7 ~ ~ ll i~ • r. pj . RSyZOI IIIVeStdient3, Ltd. Z 11 c~ : w (Vol. 1796,Pg. 601) I~~ I LlNE 7ABLE Nv ~N N OcLf~~ r . ~ ~ LlNE 1 BEARING I LENGTH N~~G W , u i o•~~ ' W~p •~5, ~ L2 I N4078'40'E 216.29' I ~ ~ . ,~t l_t Q. & . l:l . . I 3319"E I ~.54' ~ - w ,4 p~ ~ . LS S4p . L4 1 S01'091141W 1 80.14' tCT~j ` . ~ .04 ~.4 . . L5 1 STa'Ii'21'E I 5D•25, ~ . • . 0"1 i Ls I ~~'sa•e 1- ls9.rs' ~p. \~rn:~,,, 1 au4 g ~ . . . 1 I L7 I SUP'07'02"W ( 67.86' , . ~ 1 L8 ! N275S'S9•N ~ L9 I N72'I1'27'W 1, 59.35 uo i ~ • Llt i s1n-2a'4a•w T190.12. 1 ' . . I L12 1 SD431,?Q'E 1 148.9D' I I U3 I N0O'15'5?'F 1 ]O.OD' L75 1 N4033'$9'W I 6259' ~ CURVE TABLE I / s E.,,~-~~ ~i°'`~`~~`r-''~• WRVE I RADIUS i[ENGTH 1' DEL7A i CHD BRC I CHORD' 1 !~;'C,~ ~O~~~ps ' Cl 11127.50'1 t_42' I 00'13'29_ I 52Ty7'16°E I 4.42' 7 ' I C2 I7D97.5n'1 64.37' I 03127'37' I N26M3'12'W I 3 : . ~ . . . €6f ~ • ~ ~...v.,.. I ~ I O $uR I ~ . ci ~ 30'Easement cz . . , 2.667 Acres in the rthur SurVeying Co.,+ John Scott Survep, Abst. No. 1222 Inc. John Bacon Survey,' Abst.' No. 1541 Professional Land.Suzveyor.s " Citp Rf DBI1tOA 972-2219439 - Fax972-221-467s Denton County, Texas '.izo.s~ s~, s,deo zoo - p o. Box 54 \ - 2010 - Lew3sville, Taxas 75067 ~ ~ C~xaw\cao~aaoecn -.m~ cnn.mi oue ~..m.nl\a+aVooai2~....~n aoy.aa~y ~o/ss/qmo ]:]3:0.5 PN fdT ~ . , ~ , , . . EXHIBIT A 10 OF 18 , , - rthur;Surve ing ~o. Y a Piofessior2.-3Za.xzd Surveyors P.O. Box 54 Lewf sville, Texas 75067 Office: (972) 221-9439'--- Fax: (972) 221-4675 0.024 ACRES , . CITY OF DENTON, DENTON COUNTY, TEXAS BEING a11 that certain lot, tract or parcel of land situated in tlie J. Bacon Survey, Abstract Nu=ber 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Ra.yzor Investments, LTD., Section 1, Tract 7, recorded •in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and bei,ng. more. particularly described as follows: " COMIlVENCING at the northwest corner of W'estpark Adaition, Phase 2, an addition to the City of Denton, Denton County, Texas, according tcs tha conveyance plat thereof recorded in Cahinet Y, Page 169 of the Plat Recozds of Denton Cdunty, Texas, from wluch the northeast comer of , paid Ra.yzor Investments tract bears North 00 degrees 01 minute 06 seconds East, a distance of 29.97 feet; being in and neaz the, approximate cemterline of 7im Christal Road, a public roadway; THENCE South 010 degrees 0 1 minute 06 seaonds West, with the west, line of said Wqstpa~k ' Addition, Phase 2, a distance of 45.00 feet to a goint for corner; THENCE South 89 degrees 43 minutes 30 seconds West, over, through and across said Rayzor Investments tract, a distance of 188.56 feet to the POINT OF BEGIlVNIlNG; ' THENCE South 00 degrees 16 minutes 30 seconds East, continuing over, through and across said Rayzor Investments tract~ a distance of 30.0.0feet to a point for comer; THENCE South 89 degrees 43 minutes 30 se6onds West,, continuing over, through and across said Rayzor Investments tract,' a distance of 39.06 feet to a point in the east line of Western Boulevard, a publiGroadway; - THENCE North 01 degree 09 minutes 14* s6conds East, with the east liue of said Westem Boulevard, a distance of 15.64 feet to a point for comer thereof; TEEE-NCE North 45 degrees 19 minutes 51 seh,ands East, continuing with the east line of said Western Boulevard, a distance of 20.53 feet to aipoint for comer; THENCE North 89 degrees 43 minntes 30 seconds East, over, through arid across said ltayzor. Investments tract, a distance of 24.00 feet to the POINT OF BEGINNIlNG, and conta.ini.ng O.024 acres of land, more or lass. ~ . ~ ; .t i ~'G^~•' ri'~ c:120081cod1280869 - jim ch;istal dme easementldocs11008127 esz'ttt8 rayzor.doc , . : ~ . _ , o- . . , . . r.. ~ EXHIBIt A 11OF18 . \ LINE TABLE I ` LINE I BEARING I LENGTH I N TH I U f N00'01'06"E I 29.97' I. L2 f S00'32'00"W ~ 23.25' ~ 50 . 0 50 Feet - 9aaring eystem boeed on the Clty of Oenton GIS network. • I \ , - ~ ~ Dianne Davis Atkinson, Jack D. Atldnspn,. . ~ Wallace T. Davis, Jr. and Mary V. Davis ' (Vol. 612, Pg. 430) ~ ' ~ ~ f56.90. - - • - - ~ , 51e"I.R:F. 8EAR5 e923'31-E D.W JIM CH;RISTAL ROAD ~ 1 " f ~ E 30 N8943 ' ~p. 0. 6. • s/s'° ' " 24..QQ ' ~ N45'1951 "E 31 ~ N89~3 E I.R.F. 1675.35~ _ 10N D IC W P p \R q1 .O, . ED r--Q F~ EJ 10. 53' / L (CAB: Y, PG. 168) . , PROPOSED 20' b.M.E. EASEMEN7 ~ O' W .L e---- - - - - .r .r _ S89'43'30''W 188.56' ---J~S00'16'30"E ou 1 30.00' ('i Z SB 9'4330"W - - - - - r ' EASEMENT w ~ 39.06' ' 0.024 ACRES , Section 1, Tract 7 Ra.yzor Invesiments, LTD. (Vo1.1796, Pg: 601) i Easement" 0.024 Acres fn the J. Bacon Survey, Abst. No. 1541 City of Denton ~ ~ Denton Caunty, Texas \ -2oto- ` C:WG6\COU\RBOI6Y -.Rm GTAotd DME Ea-mt\4.a\1008127arri1B Rayea.arp W/zs/smo 3:4E:35; PM iDT • _ . . . : ( - . , . . , , ' s . • A rt'-1ur SurveyingCo., ~ ric. -Professional Land Surveyors 972 221-9439 - Fvr 972-221-4675 - 220 E7mS[ree4 Suite 200 -P.O. BaX54 ~ X-cwmvirre, Texas 75067 ~ @XH181T A ;12 OF 18 ~ , . rtlur SCo. -nc. . ~ . ~rofessioxs~3 .]C,aad SzarveyTors ~ ~ ~ . P.O. Box 54 Levrtisville, Texa.s 75067 Office: (972) 221-9439 ~ Fax: (972) 221-4675 i . 0.343.ACRES ' CTTY OF DENTON, DFNTON COUNTY, TEXAS BEING aIl that certain lot, tract or parcel of :land situated in tha John Scott Survey, Abstract Number 1222 - and: the John Bacon Survey, Abstract Number 1541, City of Denton, Dexnton : County, Texas, amd being a part of that certain tract af land 'described in deed to Rayzor . Tnvestments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County,. Texas, and being more partioularly described as follows: BEGINNING at a point in the east line of WeStern Boulevard, a public roadway, said point also being in the east line of said Rayzor Investments tract and the west line of Lot 2, Blogk A, Westpark Addition, Phase 2, an additioit to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of l7enton County, Texas and from whicli the southwest corner of said T,ot 2 bears Sauth UO degrees 07 minutes 02 seconds West, a distance of 4756.01; feet; THENCE with the east line of sa.id Western BoWevard the following five (5) calls: North 27 degrees 53 minntes 56 seconds West, a distance of 293.12 feet to a pbint at the , beginning of a curve to the right having!a radius of 1132.50 feet; . Continuing with said curve an arc length of 574.27 feet, having a delta angle 'of 29 degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22 minutes 23 . seconds West, a distance of 568.14 feet to a point far cornar; North 01 degree 09. minutes 14 seconds East, a distance of 125.15 feet to a point.for comer; North 06 degrees 51 minutes 52 secoads East, a distance of 201.00 feet to a point for - corner; North Ol degree 09 minutes 14 seconds East, a distanoe of 313.98 feet to a.paint for corner; THENCE over, througli and across said Rayzor'Investments tract the following six (6) calls: North 89 degrees 43 minutes 30 seconds East, a distance of 10.00 feet to a point for comer; Sonth 01 degree 09 minutes 14 seconds West, a distance of 314.73 feet to a point for - comer; c:120081cod1280869 -jirn ekuistal dme casementldocs11008127 esmilOrayzor.doc EXHIBIT A ' 13 OF 18 A rt'-lur SCo.' y , -nc. ; Profess,iona,I Y;a.ad Surveyors P.O: Box 54 LewisvilIe, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 . South 06 degrees 51 minutes 52 seconds West, a distanca of 201:00 feet to a point for , corner; , South Ol degree 09 minutes 14 seconds West, a distance of 124.65 feet to a point at the beginning of a curve to the left having a radius of 1122.50 feet; Continuing with said curve an. azc length of 569.20 feat, having a delta angYe of 29 degrees 03 minutes 14 seconds, whose chord bears South 13 degrees 22 minutes 23 seconds East, a distance,of 563.12 feet to a point for corner; South 27 degrees 53 minutes 56 seconds East, a distance of 274.33 feetto a poinf in the west line of said lot 2; TH'HENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a distance of 21.29 feet to the POINT OF BEGINNJNG, and containing 0.343 aeres of land, more or less. • ~ ..Y.r ~ ~ j~J ~•~~l..,`'•~~.... ^ ~ r' ' c:120081cgd1280869 - jim christal dme eascmentldocs11008127 esmtl0 raycor:doe , EXHIBIT A 140 F 18 ~ ~y---- ~ . JIM CHRISTA ROAD n10RTH L211. 200 a 200 ~ , • . 2S 3~„W , Beoring syatem bosed on the Ctty of Denton GIS network `3 68~ LINE TABLE . s J LINE I BE/tRING I LENG'Ri U I N137109'14"E 125.15' ~ ` L2 I N89 43'30"E ~ f 0_00' Qcr) L3 I S01'09'14 yV I 7 24.65' ~ La I soororos°w i 21.29' w s L) . •O~`N°I cvo cr7 ~(~~p Q';n0 j n y N z N !Yi y Z ~ . r4 uj, iu vi ° -3• . Lq ~J r Section 1, Tract 7 ' j cn Rayzor Investments, Ltd. ~ :.2; o o ; {VoL 1796, Pg. 601} ~ Cf,~ ? 11 ~N . I N. ~ ~y~ ~ Q - J . F`?.~ Ln~ • ' y~i •1~' - ~ ~ ~P3. `y py d ~ w tD ` cp C4, : I . . . Ura . 10' Easemen t - - - - - - - - . 2N i~~, 0.343 Acres in the John Scott Survey. Abst. No. 1222 ~o%~ John Bacon Survey, Abst. No. 1541 City of Denton Denton Countp, Texas . \ ~ -ZO,o- ~ A rt_lur Surveying Co., - nc. oL0~ P r o f e s s i o n a T L a n d S u r ve yors I o~ 972 221-9439 - Fex972 Z22-4675 S$9'42'27°E ~ 220BImStreeSSuite200•-P.O.BosS4 f482.98~ \ ` X U.) Q - - ~ ~ z.a%wrirrc, rexas 75067 ~ eVooe\coo%aeoeao - run cnd.id oue Ea..m.nt\aoq\1003127._..mno aaymarp io/ss/mio 41124 FM mi ~a.,~..~....,_. ~ ~ ~ . " . . . . . . - . . ~ ' , . . ~ . , . - . . ~ . . . ~ ~ , . . . . ~ . . , EXHIBIT A • 16 0F 18 A~rthur SurveYing Co.-, f_nc. profession.-d La.ud Sv,zveyors ' P.O. Box 54 - Lewisville, Tcxas 75067 . Office: (972) 221-9439; Fax: (972) 221-4675 , . , . 0.302 ACRES CTTY OF DENTON, DE,XTON COUNTY, TEXAS BElNG all that certain Iot; tract or parcel of land sit~ated in the John Scott Survey, Ab$lract Nuiinber 12.22, in the City ofDenton, Denton Gounty, Texas, and bekg a pat of that certain tract of iand desoribed in deed to Rayzor Investments, LTD., recorded in Volume 17,96,.Page 601 of the. Deed Records of Denton County, ; Texas, and also being a part of that certain tract of land described in deed to Eagleridge Energy,. T:LC, recorded under.Instntment Number 2010-70722 of ;ttie Rea1 Property Reeords of Denton County, Texas, and being more particularly descnbed as follows: CO1VMNCIING from a'/ inch iron rod found in a-corner clip ia the west line of Westem Boulevard, a public roadway; TSENCL South 40 degrees 33 minutes 19;secondstast, with the west ]3ne of said Western Boitlevard, :a distance of 36.38 feet to the POINT OF BEGTNNING; , THENCE Sauth 40 degrees 33 minutes 19 secondS East, contiauing with.the west line of said Western Boulevard, a distance of 13.11 feet to a point for corner; THENCE South 89 degrees 43 minutes 31 secon&West, over, through. and acXOSS said.Rayzor tr,act and continuing over, through and across said Eagleridgd, Energy tract, a dista,nce of 784.22 feet to a poinfi for corner; ' THENCE South 00 degrees 16 minutes 29 'seconds East, continuing through said Eagleridge Ertergy tract, ' . a distance of 10.00 feet to a point for corner; . . TFIENCE Sou#h 89 degrees 43 minvtes 31 seconds West, continuing thraugh said Eagleridge Energy tract, ` a distance of 267.75 feet to a point for corner in the West line of said Eagleridge Energy tract; THENCE North 04 degrees 31 minutes 20 second$ West, with the west line of said Eagl.eridge Energy tract, a dtstance of 20.06 feet to a point for comer,i from which the northwest comer of said: Eagleridge Energy tract bears North 04 degrees 31 minutes 20 sdconds West at a distance of 23.3 8 feet; . ~ THENCE North- 89 degrees 43 minutes 31 seconds East, over, through and across said Eagleridge Energy . tract and continaing over, through and across said Rayzor tract, a distance of 1044.98 feet to the POINT OF BEGINNING, and containing 0.342 acres af land, more or less. ~ , 7,` . v. j5~,. • ti c:t20081cod1280869 - jim christal dme easementldocs11008127 est$t13 rayzor.doc - i ; . , . . , - . _ . _ . ~ - , , . . ~ . . . ~ ' EXHIBIT A ~ . ~ 16 0F 7$ \ IVORTi-! 200 0 200 Feet John D. Davis ~ 9eaing system bosed on the Clty of Denton Gf5 networic (VOl. 1115~ Pg. 141) 1 ; ~ J , C JIM C`~HRISTAL ROAD RR(SPIKE FND S8943'31 "W 2336.65' ' r r L5~ a - - - - - - 10.M., Ls N8943'31 "E 1044.98' ~ SB9 43 31 "W = =/-S89'43r31''W 784.22' L3 267.7Jr~ L2 PROPQSED JO' EASLNTJ RIGHT-OF WAY Pad #7H ~ D. M. E. EA5EMEN T + Eagleridge Energy, LLG V/ 0. ~02 A C R E S l ~ ~ I I Inst..xo. 2010-70722 I . ~ 3 ' S6ction 1, Tract 7 I.. ~ Rayzqr Invesbnents, Ltd. I Q (Vol. 1796, Pg. 601) ~ ~ LfNE TABLE I I ~ LINE I ~ BEARING I LENG7H ~ . L7 I, S4033'79"E I 13,11' L2 I soo•16'29°E I 10.00' " L3 ~ N04 37'20"W I 20.06' L4 ~ S40 33'19"E I 36.38.' I LS I N10'19'28"E ~ 27.72' ~ L8 I N04 31'20"W I 23.38' ! a.:{;,,~~ :r~;; • ~,s~,1 1 ! ~ ~;f-: ~'c~~' ~ , ; ~,~-`y1 zx:►~.~Gtl.a°sw ~_~l=~r3tlfii ~'~`t~ ~ ;1'rf~.~~ .,.a..~,. ..~....,,.~o.~.. ~'i 1 i - •Cc~~ • ~Rt~'•e` ~'~'^}f V - . - • - - ~ . . 0.302 Acres in the A rhur►Jurveyipg CO., nC. John Scott Survey, Abst. No. 1222 ' Professional Land Surveyors - Citp of Dentoa ~ 972 Z21-9439 -Par 972-221-4675 - Denton County, Texas zaoMm sr=t, sLdre zoo P a sox 54 ~ ~ - 20 1o - _ r,~Wlsvirre: rexas 75067 . . ~ e:\taoe\we\asoew -Jm Witv q+e coe.m.nt\a,9\100e127~W413 noYaer.a«y 12/22/2010 imoaa .Au csr ~ ' ' - I . . . . . _ ~ . . ~ ~ , , . ~ _ ~ ~ ~ - , ~ . . . . ; ~ . . , ~ ; . _ . ~ Yi~~. . , _ ~y. ~ f• r~ , E17HOF 18 c . ' • rt_lur sur. veYin g o., -nc. - ProfessYOZZaY ~,~.nd Sr~a~e,~ors P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 ' 0.009i ACRES CITY OF DENTON, DENTON CUUNTY, TEXAS . BEING all that certain lot, tract or parcel of! land situated in the John Scott Sutvey, Abstract Number 1222, City of Denton, Denton County, Texas, and being a part of that certain lract of land described in deed to Rayzor. Inveshment~, LTD., Section 1; Tract 7, recorded in Volume ' 1796, Page 601 of tha Deed Records of Dentoa Couniy, Texas, -and being more particularly described as follows: ' CONIlVIENCIlNG at a point in the south line' of that certain tract of land described in deed to John D. Davis, recorded in Volume 1115, Page 141 of the Deed Records of Denton Cotuity, Texas, beiag in and near the approximate centerline of Jim Christal Raad and in the west li.ne of Westem Boulevard, a public roadwaq and froIIi which a PK Nail found at the southwest corner. of said Davis tract bears South 89 degrees 43 minUtes 31 seconds West, a distance of 2336.65 feet; TSENCE South 10 degrees 19 minutes 28 _ seconds West with west line of said We'stern. Boulevard, a distance of 27.72 feet to a% inch iron =od with.a yellow cap stamped ",ARTHilR SURVEYING COMPANY" found for comer; , THENCE South 40 degrees 33'minutes 19 seconds East, continuing with the west line' of said , Western Boulevard; a distance of 49.48 feet to the POINT OF BEGIlVNIlNG; THENCE South 40 degrees 33 minutes 19 seconds East, with the west line of said Western Boulevazd, a distance of 13.11 feet to a point for comer; TSENCE over, through and across said Rayzor Investments tract the following thtee (3) calls: Sotrth 89 degrees 43 minntes 31 seconds West~ a distance of 39.32 feet to a point for cozner; . , North 40 degrees 33 minutes 19 seconds West~ a distance of 13.11 feet to a point for ` corner; • , North 89 degrees 43 minutes 31 seconds East~ a distauce of 39.32 feet to the POaNT OF . BEGINIVING, and conta.ining 0.009 acres of land, more or less. c:120081cod1280869 - jim cluistal dme easementldocs11008127_esmt12 rayzotdoc E18HOF 18 18 LINE I BEARING I LENGTH L1 ;I 54033'19'E I 13.11' ~ L2 I N4033'79"W I 13.11' / NORTH , 300 0 300 Feet ' ; - , 8earinq eyatem haaed on the City of •Denton GIS notwork John D. Davis . (Vol. 111 Pg. 141) ~n. S89'43'31 "w 2336.65' ~ Qr NAK nva ~ , N rN JIM CHRISTAL RDAD ; 1/2'I.R.F. ' sIr°.~ 30' EASEMENT- JD/~ ~p . V . ~dJ : 0.009 ACRES . 9~'31 "'E ` - - - - - \.320 PROPOSED 20' D.M.E EASEMENT '3p - ~ S89'43'31 "W ~ - 39.32' ce PROPOSED 3W EASEMENT & RlGHT-OF-WAY Section 1, Tract 7 - Rayzor Investments, Ltd. . (Vol. 1796, Pg. 601) I ~ 3 I ~ w , I ~ ' „ • ~ I ~ . _.r_. a . ~ .I M A~ ~ . I ~1 A I + 30' Easement 0.009 Acres in the rt_lUr Surveying Co., John Scott Stu'vey, Abst. No. 1222 Parofessional Land Srirveyors City of Denton 972~221-9439 _ FAX972-Mr-as7s ~ Denton Conaty, Texas 220 P-hn sweet, stdft zoo - P.O. BoxS4 - 2oi o - zdwasnuo, Texas 75067 ~ 'C~ROGO\CGD~Y8o069 - Jlm qnictd CY[ Eawn~nl~arq\f00Ci2)_.wnp2 Roy:vArq ti/~e/smo w.oo:r~;ui csr ".,.:~v.::.;r::i,'.:t.,::-: . , , . ~ . . . 1 .I . ~ . ~ , . I I Exhibit "D-1" To Contract EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Westpark Group, L.P., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in the Thomas Toby Abstract, Survey 1285, and the James Perry Survey, Abstract 1040, and being more particularly described and illustrated in Exhibit "A" which is attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"). And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights granted herein are for the purpose of erecting, operating, maintaining and servicing thereon (i) one or more underground and/or above ground electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components; (ii) one or more gas pipelines, along with all necessary or desirable appurtenances, attachments, and supporting structures, including without limitation, surface mounted equipment, conduits, cathodic protection equipment and aerial markers; and (iii) one or more thermal energy commodities pipelines, consisting of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable appurtenances and supporting structures (the matters described in paragraphs (i) through (iii), above are collectively referred to herein as the ("Facilities"), said Facilities to be located in, on over, under, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. Exhibit "D1" to Contract Page 7 of 3 Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surFace and subsurFace thereof for any and all purposes whatsoever, so long as such use does not unreasonably interFere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities ("Grantor Facilities") necessary or desired for the conduct of Grantor's development of the Grantor's adjoining property so long as Grantor's use of such groundspace does not unreasonably interFere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the Facilities, then such Grantor Facilities shall. require the written approval of the City Engineer, such approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantor Facilities using industry standard materials and methods; provided, however, in remedying any Grantor Installation Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantor Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then-current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth herein below. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. Grantee, at its sole cost and expense, shall perForm or cause to be perFormed all work necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be performed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantor shall have no obliaation, monetarv or non-monetarv. to maintain the Easement Propertv. Exhibit "D1" to Contract Page 2 of 3 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. This easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns and the benefit of Grantor, its successors and assigns. Witness my hand to be effective this day of 12011. WESTPARK GROUP, L.P., a Texas limited partnership By: Westpark GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation, its sole member By: Philip A. Baker, Vice President THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , , 2011, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sole member of Westpark GenPar, LLC, a Texas limited liability company, general partner of WESTPARK GROUP L.P., a Texas limited partnership, on behalf of said corporation. Notary Public, State of Texas My commission expires: Accepted this day of (Resolution No. 91-073). By: After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson , 2011 for the City of Denton, Texas Paul Williamson Manager, Real Estate and Capital Support Exhibit "D1" to Contract Page 3 of 3 EXHIBIT A 1 OF 9 : rtlur SCo., ~ nc. F!r-ofessioriaY A.~ed Surveyors . P.O. Box 54 Lewisville, Texas 75067 Offce: (972) 221-9439 Faat: (972) 221-4675 0.025 ACRES . CI'I'Y OF DENTON, DEriTON COUNTY, Z'EXAS BEING a1T tliat certain Iot, tract or parcel of latid situated in the Thomas Toby Survey, Abstract Number 1285, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Weslpgrk Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plaf Records of Denton Gounty, Texas, and being more particularly described as followS: BEGINNING at a'/z inch iron rod with a` yellow cap stamped ""AR.THUR SURVTYI.NG COMPAIVY" set at tlie most sautheast comer of Western Boulavard, a public roadvvay and being in the north line of Airport Rnad, also known as F.M. 1515, a public roadway; THENCE North 44 degrees 42 minutes 24 sEeonds West, with the east li.ne of said Western Boulevard, a distance of 42.43 feet ta a 1/Z inch iron rod with a yellow cap stamped "ARTH'CIR SURVLYING COMPAIVY" set; THENCE North 00 degrees 17 minutes 36 seconds EasE, eonfi.nuiag with the east Iine of said 'Western Boulevard, a distance of 21.00 feet to a; point for corner; . TEENCE over, across and through said Lot 2 the following two (2) ca11s: . , , ; South 89 degrees 42 minutes 24 seconds East, a distance of 30.00 feet to a point for ;,comer; South 00 degrees 17 minutes 36 seconds West, a distance of 51.00 feet to the POllNT OF BEGINN]NG, and containing 0.025 acres of land, more or less. . ~ -~T ~ C~V• r, t.'~. i ~ ••`:r, i ~•z'• ty ` t `,~yO 3u•~'G~ . ^fSSE~• ~C3, 0:120081cod1280869 - jim christal dme easementldocsl1008127 esqtt4 westpark addn.doc . • ~ ; . EXHIBIT p ~ 20F9 ` 30 NO-0 -TH 30 Feet ~ 8earing syetem bosed on the City oi Denton GIS network. , ~ iot z, Block A Westpazk A3dition, Phase Z Cabinet Y; Page 169 . F.R.D.C.T. 16' UTiLITY ESM7 - (V.12211P.850) - 5111 "LR.f. : EASEMENT~ ~ s89~4;2'24"E I v:025 ACRES ~ ESNfT. 30`00' 1.04~ T.P.dCL.894) ' I ' ZV.9t1/P: LLI ~ PROPOSED C0 M O 1 COMSTRUCTION Z EASEMENT ` . O e- EQ N A~SG e DRAINACE ESMT. ~ Z I 112 1 .R.F. ~CO O INST. N0. 2008-32331 ~,2-♦ ~n - - - - sz~ . 16' U7ILITY ESML - (V.12211'P.850) ~3r ?ST.% . f/`2"I.R.F. ~lRF . (G,u) N89•42'27"w 293.07' rn. AIRPaRT R4AD N F. M. 1515 - ql. Easement 0.025 Acres in the Thomas Toby Survey, Abst. No. 1285 Citp of Denton Denton County Texas t~Sr'ff;' ~ae:,: A~•rthur Survu~ Professional Land S'r.rrveyors 972 223-9439 Paz 972 221-4675 ~ 220 Elm StY'eef- Suite 200 - P.O. Sos S4 - 2010 - Lexvis'v04 Teuas 75067 6\2008\COD1260869 -.An GMlstal DHE EnSenen1\dp\I008127_eSn14 YeStpnrlt Rtltlntlwp ' 10252010 E00435 PN CDi . , ~ . . ' i . . . . . - - - , . ~ , . , . . . . - . EXHIBIT A 30F9 . . A rt ~ur Survey ~n Co., ~nc. Pro~fessiozzaY L.a.nd Surveyo.rs P.O. Box 54 - Levyistrille, Texas 75067 Office: (972) 221-9439 -r Fax: (972) 221-4675 1.415: ACRES CITY QF DENTON, DENTON COIINTY, TEXAS ~ BE]NG 'all that certain lot, tract or parcel of ; land situated in #he James. Perry Survey, City af. ; 'Denton, Denton County, Texas; and being a part of Lot 2, Block A, WestpatkAddition, Phase 2; an acldition.to the City of Denton, Denton County, Texas, according,to the conve}~atiee piat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton Coutrty, Texas; and being ` more particularIy described as fallows: , BEGTIVNING at a point in the westesterly line of Western Boulevard, a public roadway, said point being in the ~east li.ne of that certain tzact of land described in deed to RayzQr Tnvesiments, LTD., recorded in Volume 1196, Page 601 of the Deed Records of Denton County, 'I'exas, and 'being in.the west line of saiil Lot 2 from whic~ a% inch iran rod found at the northvrrest corner . thereof bears North 00 degrees 07 minutes OZ seconds Eas#, a distance o;f 1816.73 feet, aitcl beuig the beginning of a curve to the right having a r~dius of 1127.50 feet; 1'RENCE the witli the westerly line of said Western Boulevazd the fallowtng eleven (11) calls; - ' Continuing with said curve an arc length of 174.34 feet, having a delta angIe of 08 degrees 51 minutes 34 seconds, whose ahotd bears South 23 degrees 14 minutes 45 ' - seconds East, a distnce of 174.17 feet to a poin,t for corner; - 5outh 23 degrees 41 minutes 00 seco4ds Bast, a distance of 47.34 feet tfl a point at`the beginaing of a non-tangent curve to the, right having a radiius o£ 1132.50 feet; ' Continuing witth said ciuve an arc length of 241.08 fee~ having a. delta angle of 12 degrees 11 minutes 49 seconds, whose chord beazs South 10 degrees 19 minutes 49 , , seconds East, a distance of 240:63 feat 'to a point far comer; . South 01 degree 09 minutes 15 secon'tis West, a distance of 288.12 feet to a point for ' oorner; . , South 04 degrees 33 minutes 23 seconds East, a distance of 50.25 feet to a paint for corner; South 01 degree 09 mi.nutes 15 seconds West, a distance of 450.00 feet to a point for corner; . South 06 degrees 51 minutes 53 seconds West, a d.istance of 150.75 faet to a point for eorner; South 01 degree 09 minutes 15 seconds West, a distance of 177.93 feet to a point at the • e:120081cod1280869 - jim christal dme easementldocs11008129 esmt6 westpazk addn.doc , , • . - ; . . 1 , a- EXHIBIT A 40F9 ' . . rt-lur SCo., = nc. .g'rofessional Y.and Sx3zrveyo.rs - P.O. Box 54 - Lewisville, Texas 75067 Off ce: (972) 221-9439 - Fax: (972) 221-4675 ~ ~ beginning of a curve to the right having a radius of 1417.50 feet; , Continuing with said' curve an azc tength of 182:9$ feet, having a delta angle nf 07 . degrees 23 m.inutes 45 seconds, whose choid beazs South 04 degrees SI minutes 08 seconds West~ a distance of 182.85 feet to a point for comer; South 08 degrees 33 minutes 00 seconds West, a distance of 313.12 feet to a point fox comer; • ; . South 75 degrees 33 minutes 35 seconds Wesk a distance of 41:95 feet to a point in the . east Ii.ne of said Ra.yzor Investments ttact; 1IIENCE North 00 degrees 07 minutes 02 seconds East, with the east li.ne of said Raxzar - Investments traet, a distance of 31.00-feet to a point for corner; T$ENCE the with the westerly line of said Western Boutevard the following eleven (11) calls; . North 75 degciees 33 rainutes 35 seconds-East, a distanca of 14.30 feet to a point for comer; . North 08 degrees 33 minntes. 00 seconds,East, a distance of 293.26 feet to a point at the , beginning of a curve to the left having a radius of 1387.50 feet; ~ Continu.ing with said cvrve an arc length of 179.10 feet, having a delta angla of 07 • degrees 23 minutes 45 seconds, wliose chord bears North 04 degrees 51 minutes 08 . seconds East, a distance of 178.98 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 179:42 feet to a point for. comer; North 06 degrees 51 nainutes 53 seconds East, a distance of 150.75 faet to a point for corner; North 01 degree 09 minutes 15 seconds East, a distance of 447.01 feet to a point.for ; comer; North 04 degrees 33 minutes 23 seeonds West, a distance of 50.25 feet to a point for comer; North 01 degree 09 minutes 15 seconds East, a distance of 288.12 feet to a point at the beginnirig of a non tangent curve to fhe Ieft having a radius of 1102.50 feet; Continuing with saiii curve an arc length of 231.41 feet, having a delta angle '.of 12. ; c:120081cod1280869 - jim cluistal dme easemcntldors11068127 esmt6 wcstpatk addn.doc . EXS OF eA A rt_i~.r SCo., _ncl - Pxofessior$ap Za.izd Szxxveyors P.O. Box 54 - L.ewisvilIe; Texas 75067 Office: (972) 221-94$9 Fax: (972) 221-4675 . degrees 41 minute 33 seconds, whose chord bears North 10. degrees -19 minutes 03 seconds Wes~ a distance of 230.98 Met to a point for corner; North 23 degrees 41 minutes 00 seconds West, a distance of 46.71 feet to a point at.the ` beginning of a non-tangent curve to the left having a radius of 1097.50 feet; - Conti.nuing wifih said curve an arc Iength of 110.90 feet, having a delta. angle of 05 degrees 47 minutes 23 secands, whose chvrd bears North 22 degrees 38 minutes 41 seconds West~ a distance of 110.86 feet to a point in the east line of said Rayzor Invastments tract; , T$ENCE North 00 degrees 07 zninutes 01- seconds East, with the east line of. said Ra.yzor... . Investments tract, a distance of 67.56 feet to the POIlVT OF BEGINIVING, arid 6ontaining.1.415. . acres of land, more or less. • ~ . "t{`, . _ ='1 !EI • c:120081cod1286869 - jim christal dme easementldocs11008127_esmt6 westpark addn.doc . , _ . . . . . . _ , . . ~ ' a, ~ „v _ i,. . BXHIBIT A ,60F9 p~ N ~c2A'`~ NC]RTH ~w J., oo ~ ' 200 0 200 F'eet a~ Q„;8 PL' Bearing system boeed on the City of Denton GIS'natwork ~C) OD z° - ` urrE rastF uNE I BEARING ILENcni ~p 1 u I • 'oo~ •~4' ~ . V . JJ . ~ 1' L2 1 •SM".~3'~;S'E 30?25' ' 1 W ~ sqe;srs3-w I 150-75 ~ , I L4 I Spi~B"j5'W I 177:93' ~ ` L5 I si~5705'w 1 }t.Qs' N \ ` l6 , I 1 N00'OJ'02'E _ I 31.00' r' ~ L7 I f(75'33'35~"E I 14.30' ~ ~C)! ` LB I~p11'09'15"E I 178.42' I L9 INP§51'S3'E ' 150.7S' I 1 ~ uo I Noj7p.'2;_ w 1 50.25 I L11 1 M2341'00'W I 46_zi' I t I L12 1 NOQ~7bYE I 6Z86 1 ~ CURVE TABL6 I 1 1 CURUE IRADIU51 LE7JCTH I D0.TA 1 qiD BRC I CHORU I I C7 1 ' . '.1, 09'St• • 3 'f5' . 7' i cz (111g:Po. . . 7g'41•~ 21o.¢3' I C3 11{77.~Q ~ 82. ' z'23_45" S04"31'0e•w 1 18285' I ~n c4 i ~Z9.to' o77a'~`c ~~uu.ns~4metc'oe•E i±Za_9e' 1 ~A IN y C5 N102.5~'1~'01,3~' I--A1n19'03'W 1,2;10.98' ( . CB 17097.501710.90' 054723" I N2138'41'w 1110•86, 1 ~ a E-: !-u Qr" ~ AmU N1 1Lr)"to yo,_Q > ~A I p O co co w ~rN ~ ~ I ~C)jy k~ QF TEMPORARY ACCESS, ! CONSTRUCTfON dc pq 0 N ~ r ►r.~•'~ ST''~'~" GRADING EASEMENT J ~,.•F, "p•;OC, N0. 2008-32338 0~ J -4 ;...',...a.....'~l~. \'J lt{~ ` a I ~ W = w 1 1 :~~-.•U) Co I o~ o ~ O7 0 : MATCMiLINE ~ \ , ~ ~ ~ -►I l~r ~ i Q col I*.' ~ . ~ ! I J) ~J 1 ~ [ e W Q p~ F; eF ~ I r~ ~ ` ~U fU I ~ ' ~ - A . . i N I G.l ~ o <3 ~ Mr 'O N ! ~ , O NI ~ 7 - ; ~ J . L5 1 , ~ . $ I o a~s orn ' o c•, Lot 2, Block A(remainder) 1 MATCH LlNE ' 30'Easement 1.415 Acres in the James Perrp Survey, Abst. No. 1040 City of Denton Dentan Countp, Texas If' i Westpark Addiiton, Ph. 2 ~ Cabinet Y; Page 169 ~ S89'42'27"E I 4482.98' ~ Cl.R.F. ~ - - rcM.,AIRPORT RDAD N F. M. 1515 A rthur Surveying Co., Inc. , Professional Land Surveyors 972 22X-9439 Pax 972-221-46'7S • 220E'Im Street, 5aite 200 - P.O. Box 54 - 2010 - Lewisville,. Tesas 75067 C0%2O08%COD\280869 - Jln ChNstal DME EnsenentWrD\1006127_es+t6 Vestpurk Addn,dwp IO/ES/20W 3d420 PH CDi ' . EXHIBIT A . 70F9 rt lur Surveyln,'g Co.,' -ne. : • Profess.io.ual Land Suz-vi-eyoxs P.O. Box 54 - Lewisville, Texas 75067 -Office: (972) 221-9439 Fax: (972) 221-4675 - 0.526 ACRES CTTY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lo4 tract or parcel of land situated in the J'ames Perry Surveyi Absiract . Number. 1040, . City of Dentou, Denton Couniy, Texas, and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the conveyance plat thereof recorded in Catiinet Y, Page 169 of the Plat Reeords of Denton ' County, Texas, and being more particulazly desoribed as follows: BEGINNING at a point in the west line of said;Lot 2, and the east line of fhat cetain tract of land deseribed in deed to Rayzoz Tnvestmen#s Ltd., recorded in Volume 1796, Page 601 of the Deed Records of Denton Caunty, Texas, said point also being in the east line of Westem Boulevard, a . public roadway, and from which tha southwest corner of said Lot 2 bears South OU degrees 07 mi.nutes 02 seconds West, a distance of 4756.01 feet; . . THENCE North 00 degrees 07 minutes 02 seconds East, with the west lina of said Lot.2, a,distanca of 21.29 feet to a point for comer; 1'HENCE over, through and across said Lot 2 tlie following eight (8) calls: South 27 degrees 53 minutes 59 seconds East, a distance of 277.51 feet to a point at the beginning of a curve to the right having a radius of 1277.50 feet; , , Continuing with said curve an azc length of 647.80 feet,, having a. delta angle of 29 degrees 03 minutes 14 seconds, whose chord bears . South 13 degrees 22 minutes 22 seconds East, a distance of 640.88 feet to a point for corner; . South Ol degree 09 minutes 15 seconds West, a distance of 671.25 feet to a point foi corner; South 04 degrees 33 minutes 23 seconds East, a distance of 150.75 feet to a point for comer; . South 01 degree 09 minutes 15 seconds West, a.distance of 188.42 feet to a point at the beginning of a curve to the right having a radius of 1592.50 feet; Continuing with said curve an azc length of 205.56 feet, having a delta angle of 07 degrees 23 mi.nutes 45 seconds, whose chord bears South 04 degrees 51 mi.nntes 08 secomds West, a distance of 205.42 feet to a point for oorner; ' South 08 degrees 33 minutes 00 second$ West, a dista.nce of 161.71 feet to a point for corner; c:120081cod1280869 -jitn ehristal dme eaSementldocs11008127 esmtll westpark addn,doc , . . . EXHIBR A $ OF 9 , rt lur SCo.,._nc. -Pzofessiozi.W Zaxzd Sur~eyors : P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439; - Fax: (972) 221-4675 Soutb, 71 degrees 38 minutes 40 seconds West~ a dis#anee of 11:21 feet to:a point in the east line of said Western Boulevard; THENCE with the. east line of said Western Boulevazd ttie following seven (7) calls:. North 08 degrees 33 minutes 00 seconds East, a distance of 166.79 feet to a point at the beginning of a curve to the left having a radius of 1582.50 feet; Continuing with said curve an azc length of 204.27 faet, having a delta angle, of 07 . degrees 23 minutes 45 seconds, whose chord bears Norkh 04 degrees 51 minutes 08 . seconds East, a distance of 204.13 feet to a point for corner; . North 01 degree 09 minutes 15 seconds East, a distance of 187.93 feet to a point for . comer; . North 04 degrees 33 minutes 23 seconds West, a distance of 150.75 feet to a point for corner, North 01 degree 09 minutes 15 seconds East, a disf,ance of 671.74, feet to. a point at the tzeginning of a curve to the Ieft having atadius of 1267.50 feet; : Continning with said curve an azc length of 642.73 feet, having a delta angle of 29 ,degrees 03 minutes 14 seconds, whose chord bears North 13 degrees 22. minutes 22 seconds WeA a distance of 635.87 feet to a point for corner; North 27 degrees 53 minutes 59 seconds WeA a distance of 258.72 feet to t3ie POINT OF BEGINNIlVG, and containing 0.526 acres of Iaad, more or less. ~ ~ i: .f.,~'• - 'r~ rE1 020081cod1280869 - jim christal dmc easementldocs11008127 esmU 1 westpark addn,doc . EXHIBIT A ~ 90F9 CURVE I RADNS I LENGTN I DELTA: 1 CHD BRG I CHORD I C2 17582.50'I204.27' I f17'23'45LJ_N04~1'~B'~~ NORTH ~ uNE rns~ _ UNE I B~ARtNG 1 LENGTH 200 0 240 Feet Ll ► Noo•o~'oz•E 1~,~.~a• ~ I ~ L2 I sod•as'2~"E I rso.~s' ~ ~MAl'CH LI.NE Bear{ng system % based on the City of Denton GIS natwatk. L3 I S08:33'00"W I 161.71' I ~ I L4 I 5714~8'40"W~ i- 11.21' I . ~ LR.F. W LS i No8`33100"E I-7B6J,q" ' • ~ N ^ ~ L6 I 1404t33'23"W I \ p . I , i 't!-•.. oo cv c~ ~ ~ ^ ~ a $ C0 % g~,,.M l~ ~0~ ~ I ~ W °o 1 ~ ;o 0 < ~ tn a ~ a N ir~ -Lo CL ~ p 1 00 ~ ~ ~t~~ pq S`; ~ cv ~ ~ : a .~°o a° ~ j ~ ~ I( • W ~ orr~ ~ va. z (q -,A„ w > Zp w t.s~ ~ . ~ 1 N~~ {1~ O¢ I I . I .t-3 W I W ~ U'cpU N C) LC) ►'7 ~ ~rL''11,-~0,~ , ~ ~ ° c,+.~, aI o°id o ~ o~- cnf, ~MATCH LINE , • r r . ~ ~ Lwjj~ 10 'Easernent 0.526 Acres in the s~9•42'27"F James Perry Survey, Abst. No. 1040 GM ~ 231.22' City of Denton ~ ~a Dentoa County. Texas C. , -2010- 1 ..TF;F..~^ ~ rthur Surveying Co., Inc. ~r~~~~~.~ 6,.~ ~ Professional Laad 9urveyors u R~ ~ . 972-221-9439 - Fax 972-22I-4675 • ~ ' 220E1m Street, Suite 200 - P.O. Bos 54 • Z.ewkville, ?eaas 75067 ~ G\2008\CW\280869 - Jln Ch,Natol ➢NE Eosenent~&9V000127_esntil VesSpark AtltlnAxp 10/E5/2010 4e9,31 pM CDT Exhibit "D-2" To Contract EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Westpark Group, L.P., whether one or more, hereinafter called "Grantor," for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain property, owned by Grantor and situated in Denton County, Texas, in the the James Perry Survey, Abstract 1040, and being more particularly described and illustrated in Exhibit "A" which is attached hereto and made a part hereof by reference as if fully set forth herein (the "Easement Property"). And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights granted herein are for the purpose of erecting, operating, maintaining and servicing thereon (i) one or more underground and/or above ground electric distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components; (ii) one or more gas pipelines, along with all necessary or desirable appurtenances, attachments and supporting structures, including without limitation, surface mounted equipment, conduits, cathodic protection equipment and aerial markers; (iii) one or more potable and/or non-potable water, wastewater and/or sewer pipelines, along with all necessary or desirable appurtenances, attachments and supporting structures; and (iv) one or more thermal energy commodities pipelines, consisting of, without limitation, heated and/or chilled water, compressed air and/or steam pipelines and return pipelines related to such thermal energy commodities, and all necessary, convenient, or desirable appurtenances and supporting structures (the matters described in paragraphs (i) through (iv), above, are collectively referred to herein as the ("Facilities"), said Facilities to be located in, on over, under, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. Exhibit "132" to Contract Page 1 of 3 Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surFace and subsurFace thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to use the Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other facilities ("Grantor Facilities") necessary or desired for the conduct of Grantor's development of the Grantor's adjoining property so long as Grantor's use of such groundspace does not unreasonably interfere with the rights herein granted to Grantee. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor Facilities within the Easement Property pursuant to Grantor's reservation of its right to do so and such Grantor Facilities are reasonably expected to affect the Facilities, then such Grantor Facilities shall require the written approval of the City Engineer, such approval not to be unreasonably withheld, conditioned or delayed. If the installation of the Grantor Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantor Facilities using industry standard materials and methods; provided, however, in remedying any Grantor Installation Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantor Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then-current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth herein below. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. Grantee, at its sole cost and expense, shall perform or cause to be perFormed all work necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be perFormed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantor shall have no obliaation. monetarv or non-monetarv. to maintain the Easement Proaertv. Exhibit "02" to Contract Page 2 of 3 TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. This easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns and the benefit of Grantor, its successors and assigns. Witness my hand to be effective this day of , 2011. WESTPARK GROUP, L.P., a Texas limited partnership By: Westpark GenPar, LLC, a Texas limited liability company, its general partner By: The Rayzor Company, a Texas corporation, its sole member By: Philip A. Baker, Vice President THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , , 2011, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, sole member of Westpark GenPar, LLC, a Texas limited liability company, general partner of WESTPARK GROUP L.P., a Texas limited partnership, on behalf of said corporation. Notary Public, State of Texas My commission expires: Accepted this day of (Resolution No. 91-073). By: After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson , 2011 for the City of Denton, Texas Paul Williamson Manager, Real Estate and Capital Support Exhibit "132" to Contract Page 3 of 3 ^ Co ' Y4 g -nc. rt-lur Surve in . , Piafessional ~,aad Surareyors P.O. Box 54 - I.ewisvMe, Texas 75067 Office: (972) 221-9439 -'Fax: (972) 221-4675 . . , . . • EXHlBIJ A t OF 3 2.102 ACRES . CTTY OF DENTON, DENT!ON COUNTY, TEXAS : ' . BEING aIl that certain. lot, tract or parcel of Iand situated in the James Perry Survey, Abstract Number 1040, City of Denton, Denton County, fI'exas, and being a part of Lot 2, Block A, . Wesipark Addition,.Phase 2, an additian to the City of Denton, Denton .County, Texas, according to the conveyance plat thereof recorded in Caliinit Y, Page 169 of the Plat Records of Denton.: County, Texas, and being more particularly describ'ed as follows: BEGINNING at the northwest corner of Lot 1 of said Block A and being in tlre south line of sai.d - Lot•2; ~ TSENCE South 71 degrees 38 minutes 40 seconds West, over, through and across said Lot 2, a distance of 532.30 feet to a point at the northeast icorner of a Drai.nage Easement to the City of Denton recorded under Instrument Number 2008-32334 of the Real Properiy Records of De-Aton, County; Texas; THENCE South 75 degrees 34 minutes 52 seconcls West,-continuing across said Lot 2 and with the northerly line of said Drainage Easement, a distance of 98.24 feet- to a point in the easterly iine of Westarn Boulevard, a.public roadway; ' THENCE Narth 08 degrees 33 minubes 00 seconds East, with the easterly line of said Western Boulevard, a dista.nce of 70.95 feet to a point for cdrner; " THENCE over, through and across said Lot 2 the following five (5) calls: . North 71 degrees 38 minutes 40 seconds East, a distance of 610.22 feet to a point for , corner; ~ ~ South 88 degrees 50 minutes 24 seconds'East, a distance of 627:10 feat to a point for corner; . . . South 01 degree 06 minutes 45 seconds West, a distance of 13941 feet to a point for corner; North 88 degrees 53 minutes 15 seconds j Wast, a distance of 70.00 feet to a point for. ~ corner; North Ol degree 06 minutes 45 seconds !East, a distance of 69.67 feet to a point for corner; ' . a120081cod1280669 - jim christal dmc easement\docs11008127 esmt4tivestpark addn.doc _ ~ EXHIBIT A ~ 20F3 ^ • . rt -iur Surv' eYing Co., ~ nc. Prafessivna P Laad Sazz~veYozs . P.O. Box 54 - Lewisl~ille, Texas 75067 Office: (972) 221=9439 41 Fax: (972) 221-4675 . , . ~ THENCE North 88 degrees 50 minutes 24 seconds West, continuing across said Lot 2 and. then continuing with the north Iine ~of said 'Lot 1, `a distance of 545.09 feet to ttze POINT OF BEGINNIlNG, and containing 2.102 acres of land, more or lass. ' . . • /F'~~6~~'~~ 'GFr^~~ ,,.<o.~~~, ~.p! •r~ ~ i N-~~~~fL'~9vJ i ~ . . i ' ~ I i ~ II I i c:120081cod1280869 - jim christal dme eascmentldocs11008127_esmt0 westpark addn.doc , /1 , . . _ _ . . _ . . . 16' Utdity Easement f C+fy of Denton, Texus 1 Val. 1287. P9. 68, NOR,,,r~,,,~ . ~ O Railroad Spur Easement 01 20D Feet { Borrrwth CwP• I ~ •,~a 200 0 ~ Vol. 1175, P9• 855 ~ - ,~ry'~ ~ . 6enring aystem bcsed un the City of Denton GIS network. 1 ~ + 4Q TemPor AccwsE ConstNCtion I I Is No~2008-32340 ~ , . . S88'50'24"E 627.10' i -'2, tDf A~RES` (an+.) ~ 6,~ 87R.F. It~_ J ~ . ' $ kO«~.~ N88'50'24"W 545.09' ~ raq N7.-5• 0' L4 ~ • ~•~~W f I 'p. `4N Lot 1, Block A 0 R~,a~ ~ I ~ a ti W estpat'k Additiou, Ph. 2 s'°,4~~ Cabinet Y, Page 169 q'' m= ~I ~ JAMES PERRY SURyFY, ABST. NO. 1040 p ? . ~ c ° o r L ~ ,I„ - ° - ST. td0. 1285 ~ ^ip . t, q~$~'4. ~ TOBY SRUVEI: AB ~ a - ~ ~ - \ N r`1 ^ p T p TNQMAS _ ~ t 5P'x15P'_~Js"k P~~Y Aceess. - Z - ConstNCtion Grodm4 Esmt. ~ _ - - S - Inst..No. 2008-32334 S ~ I 1 Droinage Eosement ~ ~Inst. No. 2008-32334 4' m 1 S88'49'49°E .~o° rr~sa'49'49„IN 518.78'r t.PF 0 LINE TABLE BEARiNG ' ~ LENGTH ] y + ~ ~~(GM.)R.F. y ~ C.M.) WNE 16' Utilit Easement P 98.24' ~t I 57534'S2"W . ' City of Denton. Texas . ~ 70.95' Vol. 1287, Pg. 681. ' 1 ~ ~ ` _ . _ . . ,1-2 I 1,10833'00"E _ L3 I S01'Q6'45".W ~ 139_61' Lot 1; Block 1 ~ . {s1 L4 I N86'53'15°W ~ 70.00' ~ w6Slp~ • I N01`06'45°E : 69.67' C ! 71.97 ~ m ~ - Ls I Nas-4s'as"w _ a o~ Cabinet C, Page 127 10 ~ rt.lur Sur~eying ~a., , Easerrlen t _ ~ J_J~510R.F._. d Surveyors pi-vfessional I:an 2:102 AGres in the ~.j 1515 54 Jaes Perry Survey5 Abst. Na: 1040 AIRP4I~T R4AD N • M. 972-221A435uioe200~P.OjD-467 ox 5 City of Dent~n \ Denton CauntY, Texas 2910 OddnWO 1~~,~~~~ 4U007 P!t WT . ~ U~Z006~4~~869 - Jtri LYristol D1~.Eesd+mtW~D~fl~27_esr~t9 Ves'~PeT~' zao1am su-r, Texas 75067. ~ 09 'oflW W~ a Exhibit "E" to Contract NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS, § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Rayzor Investments, LTD., a Texas limited partnership, (the "Grantor"), of Denton County, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, a Texas home rule municipal corporation, which is located in Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201 ("Grantee") receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the Grantee a temporary construction, grading and access easement, in, along, over, upon, under and across the following described property (the "Property"), and situated in Denton County, Texas, located in the Thomas Toby Survey, Abstract No. 1285, the John Bacon Survey, Abstract No. 1541, and the John Scott Survey, Abstract No. 1222, to wit: PROPERTY DESCRIBED AND ILLUSTRATED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the purposes of construction and grading activities, including the free and uninterrupted use, liberty of passage, ingress, egress and regress, at all times, in, over, along, upon, under and across the Property to Grantee herein and its agents, employees, contractors, workers and representatives, for the purposes set forth herein. It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions of any kind as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. It is specifically stipulated by Grantor and Grantee that the scope of the access, 1 construction and grading activities shall further include the clearing and removal of vegetation and trees that exist within the Property. The term of this grant shall expire five hundred and forty (540) days from the date of the "Contractor Notice to Proceed Letter", issued by the Grantee, for the Combined Heat and Power Tri-generation Plant Project. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the day of , 2011. GRANTOR: RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Philip A. Baker, Vice President 2 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on , 2011, byPhilip A. Baker, Vice President of The Rayzor Company, a Texas corporation, general partner of Rayzor Investments, LTD., a Texas limited partnership, on behalf of said corporation. Notary Public, in and for the State of Texas My Commission Expires: Accepted this day of , 2011, for the City of Denton, Texas (Resolution No. 91-103). By: Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton - Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 E1 O~FI1 7 A ` • , _lur Surveyi ftng Co.,'' nc. . ' Pi-ofessioxtaF ~,and Saxrve,yors P.O. Box 54 - Lewisville, Texas 75467 Office: (972) 221-9439 Fax: (972) 221-4675 50' TEMPORARY CONSTRUCTION EASEMENT - 0:751 ACRES CITY OF DENTON, DENfiON COUNTY, TEXAS BEING all that certain.lot, tract or parcel :of land!situated in the Thomas Toby Survey, Abstract . Number •1285, Cify of Denton, Denton County, ~exas,. and being a part of tha.t cari,~in tract of land deeded to Rayzor Tnvestments, LTD, and described as Section 1, Tract 8, recorded in Volume 1796, Page .601 of the Deed Records ' of Denton County, Texas, and. being more particularly~ described as follows: $EGINNING at a point in the east line ofthat ceftin tract of land described in .deed to Dorothy Nell'Cook, recorded in Volume 9$2, Page 29 of Ithe Deed Records of Denton County, Texas, _ from which a%s inch iron rod found at the southolast comer thereof bears South 00 degrees 41 minutes 58 seconds West, a aistance of 30.00 feet,~ said point being in,the north line of Airport Raad, also lcnown as F.M.1515, a public roadway; 1'HENCE North 00 degrees 01 minute 58 seconds East, with the east line of said Cook tract, a distance of 50.00 feet to a point for corner; THENCE South 89 degrees 42 minutes 27 seconds East~ ovar, across and through sa.id Rayzor tract, a distance. of 654,52 feet to a point in the west line of that.certun tract of.land described in deed to the City, of Deuton,. recorded in Volunae 516, Page 648 of tha Deed Records of Denton Coutity, Texas; TEMNCE Sonth 00 degrees 08 mrnntes 14 seconds East, with the west line- of said City of Denton tract a distance o:f 50.40 feet to a point for corner; THENCE North 89 dagrees 42 minutes 27 seconds Wast, over, across and through said Rayzor tract, a distance of 654.67 feet to tbie POINT OF BEGINNING, and containing 0.751 acres of . Iand, more or less. - ~ ' ~t... rJ W. s • J~EY 4EE ~ 5 e~.~. • ~r f ~ , .~ti, Pv;'`~" .r ~SU RN c:120081cod\280869 - jim christal dme easementldoes11008127~esmt2 ra}!zor temp.doc . L~ ~ UN e ~,NG ~ L6NGTH • 5Q.00l. ~ L1NE G NUp•oiE 50A0 ' . , L1 Spr}'06*74°E ~ 3Q.Q0. ~ N4Q'Qi'58"E • ~ l3 ~ Feet I ~ L~~ O entan {AS natwak~ . bosed cn U'~ VtY Qf 0 gearUi4 °~t~ {C.M•) , ~ +~y' ~~.`b q I.R.F. Se~tion s w~ ~s q. tm,ents, Ltsl• a~ ~ ~ gayzar ~nves R~e 601 1~'4 ° yolume 1~96, ,s ~ °n o co- ' (resnainder) . "q ~ . o . - - - w ~ z C , i ~~~q . St~`~'2..?_7 ...r5~ ~ 0.751 ACRES MENT ►.R~,O a UCTION EP'SE . - ~ ~M ppRARY GOI4S~ N89'~2'zT"w P 597.00~ 1 ~4~~27 w 6 ~IiT-OF7 YIAY - . (ij~ ~ V • 6 • -r-~ r ~ 50 ! R~oSED 36 GASMfNT 6C . f1 f.R.F Al~p~~T RpA ~ff . Esmt• ~~71`~ Constructio~ '`emPO751 Acres the No, 128~ 0 ~ , Abs Tho~as Toby Sf Denton C3ty Tex as : ' . Den~on COUnt~' ~ -201Q- ParZ F• Af. , ~ 1vJ';-) r.iT p~ !V~S O e3,ors , prO;f~sion~ 9~d s 72-221"~ 54 gsa 9?2?,2i`9439 ~ s ~ ~ ~sa~ ~ , E3 OFr17 . • ' ' rt-l.ur Sur~eying C06 ~ PC. . . Professfona.Y ;;La.z3td Su-rFreyTars P.O. $ox 54 - Lewisville, Texas 75067 Office: (972) 221-9439 ~ Fax: (972) 221-4675 50' TEMPORARY CONStRYTCTIDN EASEMENT . " . 2.941 ACRES . CITY OF.DENTON, DENTON COUNTY, TEXAS ~ . B~1NG all that certain lot, tract or parcel of la.u'd situated in the 'Thomas Toby Survey, Abstract Number 1285 and the John Bacan Survey, Abstract Number 1542, in the City of Denton, Denton County, Texas, and being a part of tliat certain tzact of land described in deed to Rayzor _ Iavastments, LTD, recordecY in Volume :1796, Page 601 of the Deed Records of.Denton County, ; . . Texas, and being more particularly described as tbllows: ; . BEGINUNG at a point. in the east line bf that aertain tract of land. described in, deed fio the City , of Denton, recarded in Volume :516, Page 648 of the Deed Records of Denton C.ounty; Texas, from which a'% inch iron rod found at t]ie souiheast oorner thereof bears South 00 degrees 08 • minutes 14 seconds Eask a distance of 46.00 feet being iux the. north line of Airp.ort Raad, also. known as F.M.1515, a public roadway; . TSENCE North 00 degrees 08 minut~s 14 se;conds west; with .the .oast line af saicl Cxty of . Denton tract, a distance of 50.00 feet to a point fdr eorner; . = ' TEIENCE over, acrbss and through said RayzAr Investuaents tract the following nine (9) calIs: ` ~ South 89 degrees 42 minutes 47 seconils East, a distanca of 46.52 feet to a point for comar ' North 23 degrees 43 minutes 52 seconds East, a distance of 5.71 feet to a point at the beginning of a non-tangent curve to the right having a radius-o~ 1359.50 feet; Continuing with said curve an arc length of 247.81 feet, having a delta angle of 10 • degrees 26 minutes 39 seconds, whose, chord beazs North OS degrees 30 minntes 06 seconds East, a distance of 247.47 feet to a point foz corner; , North 10 degrees 43 minutes 25 seconds Eask a distance of 333.66 feet to a point at the begiiwing of a curve to the left ha.ving atadius af 1040.50 feet Continuing with said curve an arc length of 174.10 feet, having a delXa angle of 04 . , degrees 35 minutes 12 seconds, whose chord beazs North OS degrees 55 •minute-s .49 , seconds Eaft, a distance of 173.89 feet td a point foz corner;` . North 01 degree 08 minutes 13 seconds East, a distance of 33.18 feet to a point for corner; North 00 degrees 07 mi.nutes 02 seconds East, a distance of 1579.37 feet to a point for corner; c:120081cod1280869 - jim christal dme eesementldocsl1008127 esr~t5 rayzor temp revised 2.doc - EXHlBIT A ' 40F17 rthur Suryeying Co. ; nc. , - Professxoxzai Zzmd Surve,yoxs ~ . P.O. Box 54 Lew ilsvillc, "Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675- . North 75 degrees 33 minutes 35 seconds East, a distance of 50.87 feet to a point for corner; , North 08 degrees 33 minutes 00 seconds East a disfanee of 209.79 feet to a point iti the ' west line of Lot 2, BTock A, Westpark Addition, Phase 2, an addition to the Cify of. Demton,'Denton Coirnty, Texas, according to fhe conveyance plat thereof racorded in Cabinet Y, Page 169 ofthe Plat R,ecords of Denton County, Texas; THENCE South 00 degrees 07 minutes 02 seconds West, with the west line of said Lot 2, a, distance of 251.19 feet to a point for comer therEOf, ' THENCE over, across and through said RayzAr;7nveshnents tract the followin:g nine (9) calls: South 75 degrees 33 minutes 35 seconds WeA a distance of °31.00 feet to a paint for comer; . . South 00 degrees 07 minutes 02 seconds West, a distance of 1541.14 feet to a point for , corner; " . South 01 degree 08 nninutes 13 seconds 'Vf1es4 a distance of 33:62 feet to a point for corner at the beginning of a cLtrve to the iight haying a radius of T090.50 feet; Coniinuing with said curve an arc. len'gth of 182.46 feet, having a delta angle of 09 . - degrees 35 'minutes 12 ,seconds, whose chord bears South 0$ degrees 55 minutes 49 seconds WeA a distance of 182.25 feet to a poiat.for comer; Sauth 10 degrees 43 minutes 25 seconds West, a distance of 333.66 feet to a point at the beginuing of a ctuve to the left $aving a radius of 1309.50 feet; Continuing with said curve an arc length of 238.39 feet, having a delta angle of lU degrees 25 miuutes 49 ~seconds, whosO chord bears South 05 degrees 30 minutes 30 seconds West, a distance of 23 8.06 feet to a point for corner; ` ~ South 00 degrees 17 minutes 36 seconds Wes4 a distance of 10.70 feet to a point for corner; South 23 degrees 43 miinutes 52 seconds West, a distance of 48.90 feet to a point foi comer; North 89 degrees 42 minutes 47 seconds; Wesf, a distance of 78.97 feet ta the POIlVT OF . BEGINNING, and containing 2.941 acres of land, more or Iess, r~ ' ' A . ' r~"• sr~ . . ' .t;_ `k~I F~•, T-'!~: ..,v`... ~ f c;\20081cod1280869 - jim christal dme easementtdocs11008127 esq►t5 rayzor temp rcvised-2.doc , ~ e , •o ~,Pr Q` ~ _<f''~'n'E£5t0 ~6"~ ~ , 5ir ES O~FI17A AT"SH LINE~ NORTH 100 0 .100 Feet , . ~ ~ - Bearing system based on the Gity of " :.J I C14 au •I ¢j Dentan GIS network 7- ~ Z ~ M~" o a) "~a f . ~ ~ j a: , ~ ~ ~ . . ~ = - a• ° ~ ~v o Nl " ° Rayzor Tnvestments, Ltd. ~ Q Volume 1796, Page 601 yf o r` o q. D.R.D.C.T. ai ~ ► qo10 ' 1 4 I L w _ j~ ~aH z~ ~C V)$1 r-~ "o A 1:4 ~ . . 5~ tt p,~ A p., V Ln 4..~A Q ~ O kn t JQNlJ 8.'vCGN SUr7i%cl' Q N' A857, ts0..15-6i NI THaYnS T08Y SURuEf, ~ ~ ~ ^I .4HST. A:D. 72E5 O o~ 0 Z ~ I ej• ~ ~p~ ~ M~ ~NNf '~N~ Z O r ~ ^ co d' • ~ . Ray2or Inwesiments, Ltd. N ~ - , ` Volume 1796, Page 601 . ~ ' ~ °w, I ~N Z ~ - D.R.D.C.T. ~ ~ ' oo~~ • ~ _ - C9 f~p0;0 + I ~ ►'7 aa~ Nr'~ . N N ~ Nt~ Qo ~ II r~ a , !1 r- ~ ~ 60' DRNG. ESMT. ~ Z II ~ M W~ IZO -13 : OOC. N0. 2008-32330 L3 ~ - L2 arn;W) `(&~M p O GQ ~f~ L~ - ~ ~ ~ !1~ ~ ATCH LINE ~ (C"') _ . , Q kF ~ 1.R.F. N89'42'47W (aM.) s' uni EsM~(..~ , i 1251.76' ~v.~22i/P.sso) - to4' T.P.a~~. EsMr. ( / J 50'Terriporary Construction Esmt. 2.941 Acres in the John Bacon Survep, Abst. Na. 1541 Th.omas Toby .Survep, Abst. No. 1285 City of -Denton Denton Countp, Texas + -2010- ~ I rthur Surveying Co., Inc. ~ .Professional Land Surveyors 9T2-22I 9439 - Fax 972-ZZ1-4673 ~ 1,2081m SYrneZ SuiGe 200 - P.O. SaxS4 V.911 P.894 ~ . AIRPORT ROA.D . ~ : F. M ' 1515 LINE TABLE 1tNE I BEARING I LENG7H Ll I N00'08'14"W I 50.00' 12 I SB9'42'4777 1 39.47' L3 I S23'43'52°W I 5,71' L4 I ND7'08'73"E ~ 33.18' L~ I N75'33'35"E ~ 50.87' L6 I S75'33'35"W ( 31.00' L 7 I sovW'13"w ~ 33:82' L8 I SDO'17'36"W 1 10:70' L9 I S23'43'52"W I 66.34' L10 I N89'42'47"W I 77.91' Lt7 I N013•08'14"w I 30.00' Lewisn7le, Texas 75067 L0,200B\COU\260869 - Jln Civlstal UME Easenent\drp\1009127_esnt5 Ruyzor tenp rcvlsed-2drp t0/25/2030 25658 PH C➢T 1\ x 4 F . . . . _ ,...?iYc . . ;.;1~1 IEXHIBIT A 60F1T rt~i ur Sur! eying Co. , ~ nc. . , . A17xofiesskmSazxwe,yors P.O. Box 54 Lewijville, Texas 75067 O$ice: (972) 221-4439 ~ Fax: (972) 221-4675 55' TEMPORARY' CONS~RUCTION EASEMENT 0.495 ~kCRES ' , CTTY OF DENTON, DENTON COUNTY, TEXA.S BEING all that certain lot, tract or parcel of land situated in the John Scott Survey, Abstract . Number 1222, Cify of Denton, Denton County, ° Texas, and being a part of that certain tract of land described in deed to Rayzor Tnvestments, Ltd., _Section 1, Tract 7, recorded in Volume 1796, Page 601 ofthe.Deed Records of Denton Countyi Texas, and being mare particularly described as follows: i ~ SEGINNII~IG at the northwest corner of said Rayzar Investments, LTD. tract and #he northeasC ' comer of that certain tract of laud described in dead to Fd Wolski, Trustee and Virginia k'ryman, racorded in Volume 2895, Page 470 of the Dee'd Records of Denton County, Texas, said point also being in and near the centerline of Tim Christal Road, a public raadway; - THENCE North 89 degrees 43 minutes 31 secdnds East, in and near the centerline of said Jiin Christal Road, a distance of 38997 £eet tq a point for comer; THENCE Sauth 04 degrees 31 minutss 20 secdnds East, over, thraugh ancl aezoss said Rayzor Iuvesiments tract, a distance of 55.15 feet to a point for comer; T$ENCE South 89` degrees 43 minutes 31 seconds- West, continuing over, througli and across said Rayzor Investments tract, a distance of 394:57 feet to a point in the east Iine of said Wolski tract; . . ; T$ENCE North 00 degrees 15 minntes 52 seconds East, with the east Iine of said Wolski iract, :a distance of 55.00 feet to the POINT OF BEGINNJNG; and contain.i.ng 0.495 acres of land,;more or less. . 4 ~ _ _ -c, •:c~~ ~ . , ~i ~ ~ .~,'~C k ~SE1R~ , c:120081cfld\280869 - jim cfuistaI dme eacemenfldocs11008127 esutt7 rayzor iemp.doc . , _ . , , . . . . , ~ , . , . . , . ~ EXHIBIT A 7UF17 - , eYing Co., ~nc. . _ rthur Surv: . ; _ . ~rofession~.Y ~C,a.zec~ Sau~ve,yor~ : P.O. Box 54 ~ Lewisville, Texas 75067 - Office: (972) 221-9439 Fax: (972) 221-4675 50' TEMPORARY'CONSTRUCTION EASEMENT . 4.128 AZRES , CITY OF DENTON, DENTON COUNTY, TEXAS . BEING all that csrtain lot, tract or parcel of land situated in the John Scott Survey, Abs#ract Number 1222 and the John Bacon 3urvey, Absiract Number 1541, City of Denton,, Denton County, Texas, and being a part of thot certafn tract of land described in deed to Rayzor Investments, Ltd., Section 1, Tract 7, recorded ia iVolume 1796, Page 601 of the Dead Records of _ Denton County, Texas, and being mare particularly described as follows: _ COMIVVMNCING at the northeaet corner of that certain tract of land described in deed to Ed Wolski, Trustee and Virginia Fryman, recorded in Volnme 2$95, Page 470 of the Deed Records : of Denton County, Texas, and the northwest corner of said Rayzor Investments tract, same point - also being in and near the centerline of Jim Christal Road, a public roadway; THENCE South 00 degrees 15 minutes 52 seconds West, with the east line of said Wolski tract, a distance of 85.00 feet to a point for comer; ' - THENCE North 89 degrees 43 minutes 31 seconds East, over, through and across said IZayzor. Invesiments tract, a distance of 316.86 feet to the POINT OF BEGINNYIV'G; THENGhE continuing over, through and across' said Ra.yzor Investmen.ts tract the following fourteen (14) calls: North 89 degrees 43 minutes 31 second$ East, a distance of 50.14 feet to a point for. comer; ~ ' . South 04 degrees 31 minutes 20 seconds; East, a distance of 340.94 feet to a point for comer; . North 85 degrees 28 ininutes 40 seconds, East a distance of 371.18 £eet to a point "for - comer; - North 04 degeees 31 minutes 20 seconds ; West, a distanca of 148.90 feet to a point for . • . comer; North 40 degrees 2$ minutes 40 seconds East, a distance of 190.12 feet to a point for corner; North 89 degrees 43 minutes 31 seconds;East, a distance of 552.23 feet to a point,for conuer; , c:120081cod1280869 - jun cluistal dme easementldocs11008127 esmt7'rayzor bemp.doc ; . . ' ' . , , . , . . , , EXHIBlT A 8 OF 17 • • A rtJlur Surveying Co., -nc. Professzoxsad .Z:„M.zed Suxveyors . P.O. Box 54 - Lewi4ville, Texas 75067 . . Office: (972) 221-9439 ~ Fax: (972) 221-4675 South Ol degree 09 minutes 14 seconds West, a distance of 309.75 feet to a point for . corner; , South 04 degrees 33 minutes 24 seconiis East, a distance of 201.00 feet to a point for corner; ' Soutti Ol degree 09 minutes 14 seconds West, a distance of 78.65 feet. to a paint af the . begin.ning of curve to the left having a radius of 1297.50 feet; Continuing with said curve an arc length of 657.94 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whos6 chord bears South 13 degrees 22 minutes 23 seconds East, a distance of 650.91 feet to a point for corner, ; ~ ~ South 27 degrees 53 minutes 59 seoontls East, a distance of 392.07 feet to a pokt for corner; ! South 22 degrees 11 minutes 21 seconds East, a distance of 50.25 feet to a point fdr corner; - South 27 degrees 53 minutes 59 seconds East, a distance of 161.24 feet to a point at the beguuving of curve to the right having a tadius of 1097.50 feet; - ; Continuing with said cutve an azc lengtli of 64.37 feet, having a delta angle of 03 degrees 21 miilutes 37 seconds, whose chord beirs Sonth 26 degrees 13 mi.nutes 12 seconds:EaA a distance of 64.36 feet to a point in the'west line of Lot 2, Block A, Westpatk Addxtion, Phase 2, an acldition to the City of Denton, Denton Counfy, Texas, according to the conveyance plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas; : THENCE South 00 degrees 07 minutes 02 seeonds West, with the west Iine of said Lot 2, a distance of 133.67 feet to a poinf for corner; TH:ENCE over, through and acrass said Rayzor .Invesiments tract the following fourteen (14) calls: - ' North 23 degrees 41 minutes 00 seconds West, a distance of 13.70 feet to a poin.t at the beginning of a non-tangent curve to the Teft havi.ng a radius of 1047.50 feet; Continuing with said curve an arc length of 169.41 feet, having a delta angle of 09 degrees 16 minutes 00 seconds, whose chord bears North 23. degrees 16 ininutes 00 seconds West, a distance of 169,23 feet to a point for corner; • North 27 degrees 53 minutes 59 seconds West, a distance of 163.74 feet to a poinf for . corner; ~ . c;\20081cod1280869 - jim christal dme easementldocsl1008I27_cscnt7 rayzor temp.doc „ . . _ mok _ ~ . ~iii M., EXHIBIT A 9 0F 17 . A rt_iu.r Surveying Co., ~ nc. ProfessionaY Land Sarzve,yoxs , . P.O. Box 54 LewisOle, Texas 75067• Office: (972) 221=9439 ~ Fax: (972) 221-4675 i ' North 22 degrees 11 minutes 21 second4 West a_ distance of 50.25 feet. to a point for : comer; North 27 degrees 53 minutes 59 seconds West, a distance of 389.58 feat to a point at the beginning of a curve to the right having aradius of 1347.50 feet;, Continui.ng With said curve an arc length of 683.30 feet, having,;a delta angle of.'2g degrees 03 minutes 14 seconds, whose chord beazs North 13 degrees 22 miziutes 21 ` seconds West, a distance of 676.00 feet to a point for comer; • ' , North 0 1 degree 09 minutes 14 seconds' East, a distance of 76.15 feet to a point for comer; North 04 degrees 33 minutes 24 seconds i'9V'es4 a distance. of 201.00 feet to a point. for . comer; North 0 1 degree 09 minufes 14 seconds Past, a distance of 260.98 feet to a point for comer; South 89 degrees 43 zninutes 31 seconds West, a distance of 478.05 feet to a point foz' ' comer; South 40 degrees 28 minutes 40 seconds West, a disiance of 146.49 feet to a point for comer; : South 04 degrees 31 minutes 20 seconds PEast, a distance of 178.19 feet to a point for corner; . South 85 degrees 28 minutes 40 seconds West, a distance of 471.18 feet to a point for.. , comer; Norkh 04 degrees 31 minutes 20 seconds West~ a distance of 394.66 feet to the POINT OF BEGINNING, and contain.ing 4.128 acires of latid, more or less. . ' ur r c:120081cod1280869 - jim cluistal dme easemcntldocs11008127_esmt7 rayzor temp.doc •V,,'~-,..~Lr~ ' .•T~' r+c YP . , ~ . `'Q!`'~rc`oi~'••"`•. d. f . ~asuM ~ ~XHIBIT A • ~ ,10 OF 17 ~ . ; MV,O.~! i' H .P, p. ig,,., S=Wd 2 I 300 ' 0 300 Feet UOr/~G-d .,d Jbhn D. Davis ~ 55' TEMPORARY CONSTi2UCTiON (V0I. 1115, Pg. 141) 13eoring syatem based on the City of Denton GIS network: EASEMENT - 0.495 ACRES ' N89•~~za•w JI1lI CHRISTAL RQAD s~6.o3' 7N89'43'31"E /85389.97' I.R.F. PROPOSED 20' D.IA.E EASEMENi - (C.M. r~ ' . ~ SB9 43'3YW_394.57' ~ ~ N89'43'31 "E'-552.23 - S8943'31"W w ~ 478.05' %t N tD I M M ' PAd #7H p OI N85'28'40"E ~ Eagleridge Energy. LLC o ,1 0 Iffi. ~t No. 2010-70722 ! 18 371 . 'Z ~ 3: , O p'vf F. ~ t_) ~ ~-~-i . ~ ~~W 4.7'I.7 8' N O ~°o b ~ S85'28 44 , . y 50' TEMPORARY CONS?RUCTION Z't °c4W EASEMENT' N 4.128 ACRES , Z r,,; ~ ~ M %,6 . i:i. . N I . f i-' Section i, Tract 7 a Rayzor Invest~ents, Ltd. z g ~ tiw ~ ~ `~:I `w ~ /~T l w ol. 1796, Pg!' l 601 ~ l~ N~l~' N n~ Ci 'r LlNE TABLE N, 1% CT N o'~ LINE I BEARING I LEN07H 1 U I S04'31'2Q"E~I 55.75 . W~~~~ • j - . N, . L2 ' -I N00'I5'S2"E I 55.00' ' ~ . . ' L3 I N894331 'E I 50.14' ta~p. ' . - L4 1 N04-37'20"W I 748_90' ' 'L5 1 N4D'28'40"E I 19D.12' 1 . ~ C+L ` ~~j• ~ \ 'v . , I Ls i suro9•i<-w i 7e.65• I - I L7 1 522't1'21'E I 50.25 I \ I . I Le I S2753'59'F_ I 161.24' I \ cv" ~ , L9 I S00'07'02"W I 13167' L70 I 112,3,41bQ'ly 73.70' - Uf I N27153'59"W 1 163.74' . . \ Na~ L12 I 'N22'11'27"W I 50_25' ' ' L13 I NO7•09'14"E I 76.75' L14 I S4O'28.40'41' I 1A6.49' a~ 1~ ~ . . ~ US I ' SD431'2D"E f 178A9• W iS`~ ~0~~~ I L16 1 So0'15'521W I e5n0' I L17 I N89 43'31 "E I 316.86' , ' ~C4 ; ~ CURVE TABLE I I CURVE I RADIUS I LENGTH I DELTA I' CHD BRG I CHORD I .'v;..-~',r r. C1 17097_50'1 64.37' 1 0321'37" I' S26'13'12"E I 64-36' ~ .-~h,ti4. ~'r:.~`Y"?•`~yL ~ N I~ \ C2 17047-50'l 169.41' 1 0916'00" I N2316'00"W I 169_23' ~ e o • ~ C1 Z.EY {8I SGFN ~ I Lt 0 Temporary Construct.ion Esm t. : John_ S.cott Survey, Ab.st. No. 1222 John Bacon Survey, Abst. No. 1541 City of Denton ' \Denton County, Texas -2010- \ c\xooe\eoG\reDESO - am cnN.ta. oue earimmt\e■p\10m%27_-17 rtona tMv.e■g io/as/aom ktAOB PN CDT rthur urveying Co,., -nc. .Professional Land Surveyors 972-221-9439 Fax 972 221-4675 _ 220 &tm Street, Srrite 200 - P.O. Box 54 ~ Lewisvillt Twras 75067 ~ . . ~ . . . ~ . , . ;:~r+ifi~Li., I ' E11HOF 17 . A rt-lur Surveying. Co., nc. , .ProEe,ssional.Laud Suxve,vors P.O. Box 54 - Lewigville, Texas 75067 Office: (472) 221-9439 Fax: (972) 221-4675 TEMPORARY CONSTRUCTION EASENIENT '0.137 AC.RES CIi'Y OF DENTON, DEIVTON COUNTY, TEXAS BE7NG aIl that certain lot; tract or parcel of 1a.nd siiuated in tha J. Bacon Survey,..Atisttact Number 1541, City of Denton, Denton County, ;Texas, and beiung a part of that certain tract of land deseribed in deed to Ra.yzor Investments, :LTD., Section 1, Tract 7, recorded in Voluine 1796, Page 601 of the Deed Records of Dentdn County, Texas, and being more particularly described as follows: CONIlKENCYNG.at. the northwest cozner of We4ark Addition, Phase 2, an addition to_ the City of Denton, Denton County, Texa$, accorcling to ihe conveyance plat thereofrecoarded iri Cabinet Y; Pa.ge 169 of the Plat Records of Denton Gounfy, Texas, from which the nozfiheast 'corner of ` said Rayzflr investments tract bears North UO clegrees 01 minute 06 seconds Eas#, a distance'of ~ 29.97 feet; being in and near the -approximate centerline of Jim Christal Road; a public roadway; THENCE South 00 degrees 01 minute 06 seconds West, witih the west line of said Westpark Addition, Phasa 2, a distance of 45.00 feet to a point for comer; TECENCE South 89 degrees 43 minutes 30 seconds West, over, through and across said Rayzor . Investinents tract, a distance of 138.56 feet to the POINT OF BEGINNIlNG; THENCE South 00 degrees 16 ininutes 30 seconds East, continuing over, througli and across said Rayzor Invesfinents tract, a distance of 80.00 _feet to a point for corner; : . ~ THENCE South 89 degrees 43 mznutes 30 seconds West, continuing over, through and acros$ said Rayzor Inv$stments tract a; dzstance of 90'.31 feet ta a pvint in the east li.ne of Western Boulevard, a public ioadway; ' THENCE North 01 degrea 09 minutes 14 sec;onds East, with the east line of said 'QVesterip: Boulevard, a distance of 50.02 feet to a point for corner thereof; THENCE North 89 degrees 43 minutes 30 secon@s East, over, through and across said Rayzor Investments tract a distance of 39.06 feet to a point for corner; THENGE North 00 degrees 16 mi.nutes 30 secqnds West, continuing over, through.and across said Rayzor Invesiments txact, a distance af 30.00; feet ' THENCE North 89 degrees 43 minutes 30 secbnils East, continwing over, through and across said Rayzor Investrnents tract, a distance af 50,00 feet to the POINT OF BEGINN]NG, andr containing 0.137 acres of land, more or less. ~ I 0A20081cod1280869 - jim cluistai dme easementldocst1008I27 esmt8 rayzor temp.doc ! ~ C•~~ ~ ~ E 2MOF 77 LINE TABLE UNE I BEARING IV O R T I--1 ~ L1 I N00'01166"E ~ L2 I S00'32'00"W 50 0 50 Feet Bearing system bcaed on the Cfty of Denton GIS network.' , I LENGTN I I 29:9J' ~ ~ 23:25' \ . ~ Dianne Davis Atkinson, Jack D. Atkinson, Wallace E. Davis, Jr.-and Mary V. Davis ;(Vol. 612, Pg. 430) N89 23'31 "E 156.90' . . - - . - ~ BEARS w JIM CHRISTAL ROAD fe9•23'31°E 0.49' 31. N89 23'3,'E , Q ip . 1875.35'. _ _ ^ _ ` _ P \R.O.W. DEDICATION f:Q NOO•16+30uw (CA9. Y. PG. 169) _ 30 _ - .00~ N89'43'30E PROPOSED 26' D.M.E EASEMEN7 0 N8343'30"E 50.00' ° - - - 39.06' S89 43!30 W 138.56' ~ I.R.F. Q J 5/8"~ I.R.F. j '~1 P o _ . e~~' W •~.~g''4~ co ° G 0 1 ~ ~ j o oO' ~~'~~•oo ~ o ~.A 10' ~ S89'43'30"W • . 90.31' S.ection 1, Tract:7 ~ Itayzor Investments,: LTD. I (Vo1.1796, Pg. 601) F!'{~ ».~'''`S h',tV ~~I ~ VtA,~`~.•< k~~......... t-- . ~j ••~~~O,t '~~Gi~2 4v•. c~;,a ^cs~ Temporary C'onstruction Easernent 0.137 Acres in the J. Bacon Survey, Abst. No. 1541 City of 'Denton Denton Countp, Texas A r rour. Surveying Co., Inc., Pro1°essionai Land 5urveyors 972-221-9439 Fex 972 221-4675 zzo pjm serm4 suire zoo -P. o. Box 54 ~ - 2010 - ' Lewisville, Traras 75067 R\1000\COG\2fi0169 -.em GiAsld OME Easan.nt\AVp\IOUeIY/.arnlE Paysa I.mp.awq10/25/2010 33;37 PY CDT . . . • EXHIBIT A 13 0F 77 A rt.~lur SCo., "nc. . , B''r'ofess.ional Zand Sau-,&-eyors P.O. Box 54 - Levcrisville, Texas 75067 . Office: (972) 221-9439 Fax: (972) 221-4675 ' S0' TEMPORARY CUNSTRUCTION EASENiENT 1.636 tkCRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING a11 that certain Iot, iract or parcel of land situated in tha John Scott Survey, Abstract Number 1222 and fihe John Bacon Survey, Abstract Number 1541, City. , of Denton, Denton Gounty, Texas, and being a p9st of that cert~.in tract of land deseribed in deed to Rayzor Investmeuts, LTD., Section 1, Tract 7, recorded; in Volume 1796, Page 601 of tha Deed Records af Denton Counfy, T'exas, and being more particularly descnbed as follows: BEGIlVNING at a point in the east line of said Ra.yzor Investnxents tract and the west line of Lot 2, Block A, Westpark Addition,, Pfiase 2; an addition to the City of Denton, Dentan County, Texas, according to the conveyance plat theredf recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, 'Texas and from whi6h the southwest comer of said Lot 2 bears S.outh 00 degrees 07 mi.nutes 02 seconds West, a distance of 4777.30 feet; THENCE over, through and across said Rayzor investments tract the following eleven:(11) calis: North 27 degrees 53 minutes 56 secon4 West, a distance of 274.33 feet to a point at the beginning of a curve to the right havi.ng a radius of 1122.50 feet; - Continuing with said curve an arc length of 569.20 feet, having a delta angle of 29 degrees 03 minutes 14 seconds, whose chord beazs North 13 dEgrees 22 minutes 23 . . seconds Wes,t, a distance of 563.12 feet to a point for corner; North 01 degree 09 minutes 14 seconds East, a distance of 124.65 feet ta a point for comer; . North 06 degrees 51 minutes 52 seconds East, a distance of 201.00 feet to a point for comer; Nortb. Ol degree 09 minutes 14 seconds East, a distance of 314.73 feet to a point for comer; North 89 degrees 43 minutes 30 seconds East, a distance of 50.02 feet to a point for comer; _ South 41 degree 09 minutes 14 seconds West, a distance of 318.47 feet to a point for comer; South 06 deg"rees 51 minutes 52 seconds West, a distance af 201.00 feet to a point for comer; c:120081ood1280869 - jim christal dme easementldocs11008127_esmtl0 rayzor temp.doc ~ . . E14HOF 17 rt-iur Surveying Co., -nc. Rz-of-caianaYi.Land SazraFe,7✓ors - P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 -y Fax: (972) 221-4675 South 01 degree 09 minutes 14 seconds ',West, a distance of 122.15 feet to a point at the _ beginning of a curve to tbe left having a radius of 1072.50 feet; Continuing with said curve an arc length of 543.85 feet, ha.ving a delta angle of 29 degrees 03 minutes 14 seconds, whoseichord bears South 13 degrees 22 minutes 23 seconds East, a distance of 538.04 feet to'a point for corner; South 27 degrees 53 mi.nates 56 seconds'East, a distaizce o:f 18036 feet to a point inthe vvest line of said lot 2; TRENCE South 00 deg[ees 07 minutes' 02 secbncLs Wast, with the west Iine of said Lot 2, a distance of 106.45 feet to the POINT OF BE6INIVING, and containing 1.636 acres. of land, niore or less. " . • ' ~ • ' r4`:f~ ~._F' Y 68! '..1• - t y ~~w~a..~ cA2Q081cod1280869 - jim christal dme easementldocs11008127 esmtl;0 rayzor t=p.doc . , . - EXHIBIT A 15 OF 17 , ~ . I-TIM C.HRISTA RDAD , NaRTH ~ 200 0 200 (c.M)~..N~3 0., i S,3y:; L2 Bearing system -bosed on the City of Denton GIS network. , • 26~.2 w I . z• I UNE. TABLE W ~ I ! LINE I BEARfNC I LENGTH I U I N01'09'14"E I 124.65' ~ I L2 I N89 43'30"E 1 50_02' ` L3 I S01 a9'74'W I 122.15' I , ~ L4 I S00'07'02"W I 406.45' fn I . : . ci . . . . . ~ ' •L ~ . , ;LO01 ~0 ry N I~ W) O ty :a "ti •x co J -J - ir~ Sectioa 1; Tract 2 `i' Rayzar Investments, Ltd. H ° Lij (Vo1.1796; Pg: 601) :r Y . M ' . ~ ~ ~ ~ ' ~ •"1 ~ I ~ , C':f ,NN> J to `.`f • ~ - i I N_ ~ O • V1, LA~' ~P yp. ~ o c,, 'A \1 s ; ~ . . : 50 ?~'emporary Construction Esmt., 1.636 Acres in the ~~cs~,~~ ~n John Scatt Survep, Abst. No. 1222 , I csA ~ John Bacon Survey, Abst. No. 1541 ; ~ City of Denton n • Dentan Countp, Tearas \ - 2o1o - ~ 91. U. , A rt:iur Surveying Co.-, ~ nc o . o . P r ofessional Laud Surveyors ~ o~~ O 1 $9'42'27"E 972 221 9439 - Fax 972 221-4675 S I 220.IDzri S~eeS Suite 200 - P.O. Box 54 ~ 482. 98 ~ Lawisville, Toxas.75067 \ GV000\C0D%7EOEE9 - J4n tnr1.IW DA1E Ea-nl\dwy\7000127_esm130 Rayur Ermp.Ewp 10/25/2010 4:0S7~ PY COT ~ • , ~ . . . ' ~ . , " . ~ - . , . : . . ~i ....,,~j' , . ' _ . . . . ~ ~ j. . . . _ . - . . -i_ . .r..,.- - !EXHIBIT A , 16 OF 17 , A-- rt_1u.r SurvI eying Co., ~ nc. Pxofessional '7Gand Szxzveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 i . EXHII3IT A 50' TEMFdRARY CONStRUCTION EASEMENT 0.015 A+CRES CYTY OF DENTON, DEN`I'ON COIINTY, TEXAS BEING all that certain lot, tract or parcel of laind sitnated in #ha John. Scoit Survey, Abstract Number 1222, City pf Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded .in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more .particularly described as follows: COMIVICNQNG a# a point in the sonth line of that certa.i.n lract of land described in 'deed to John D. Davis, recorded in Volume 1115, Page: 141 of tlie Deed Record.s of Denton Conniy, Taxas, being in and near the approximate centerline of Jim Christal Road and in the west line of Western Boulevard, a public roadway and from which a PK Nail found at the southwest comer of said.Davis tract bears South 89 degrees 43 minute§ 31 seconds West~ a distance of 2336.65 feet; TBENCE South 10 degrees 19' minutes 28 secoIIds West, with west line of said Westera Boulevard; a distan.ce of 27.72 feet fo a'/s inch ~ron rod with a yellow cap stamped "f1RTHfJR SURVEYING COMPANY" found for comer; THENCE 5outh 40 degrees 33 minutes 19 secoiids East, continuing with the west line of said Western Boulevard, a distance of 49.48 feet a point for corner; THENCE'over, through and across said Rayzor Tnvestrnents tract thb foIlowing five (5) calls: South 89 degrees 43 minutes 31 sECOnds West, a distance of 39.32 feet to the POINT OF BEGINNING; ' South 40 degrees 33 minutes 19 seconds East, a distance of 13.11 feet to a point for comer; South 89 degrees 43 minutes 31 seconds West, a distance of 65.54 feet ta a point for comer; i - North 40 degrees 33 mintrtes 19 seconds West, a distance of 13.11 feet to.a point for corner; . North 89 degrees 43 minutes 31 seconds East, a distance of 65.54 feet to the POINT OF SEGIlVNING, and containing 0.015 acres of land; more or less. c:\20081cod1280869 - jim christal dme easementldocs11008127_esmt112 rayzor temp.doc ~ : ! ~ / flXHIBIT A 77 OF iT LINE I BHARING ' L1 I S40.`33'19'E - I LENGTH I 13 11' I NORTM I. L2 I N461.33'19"W _ I 13_11' ~ ' 300 Q 300 Feet 8eoting system bused on the City of Denton GIS network. John D. D'CI.Vl$ (Vo1. 1115, Pg. 141) ~D lJ 0 ! . ~'4 ° S89 43'3i "W 2336.65' ; < ~ NAIL fND. I ~ . . i N `V rn JIM CHRTSTAI ROAD ' , Co asa-(CM,) . , 50" TEMPORARY CONSTRUC170N ESMT 6D s IFo. . , , 0.015 ACRES„ ~ ~ 1~89!43'3?"E 65 54' ' ' ~ ss9 43 31 w PROPOSED 20' D.M.E. EASEMENT \ i, 39.32' \ ` ' ~ S89 43'31 "W 65.54, ~ - PROPOSm 30' EASEMEMT ec RlGHT-OF-WAY , ~ - - - _ ~ O I . S i ect . on 1, Tract 7 Rayzor Investments, Ltd. . ~ . (VoL 1796, Pg. 601) ~ c I ~ ~ • t . l•.+ - _ :T • ~ . . ~ • r ~ ' ~ ~ ~ . ' 4 ' ' o Q 1 : f ~ • ~ a :-'"f ~ ` I ~ ' 50 Temporary Construction Easernen t 015 Acres in the 0 rthur Surveyin9 Co. I nc . , , . ~ John Scatt Survep, Abst. No. 1222 Professional Land Sur,veyors Citq of Denton ' 97.7-2219439 Fkr972z21-4675 Denton County, TexaS 220 Elm stmet, swrte 200 ' po soxs4 - 2010 - . Zewisville, Tearas 75067 / `R\200!\COD~2eon60 -Jn qrMtd P4E fo1mnt\tlvp\70m127J-h2 qoy r twp.drrq 11/10/1U10 1:17:30 AN CST I , , .i : . . ~ ' . ~ . . . - . ~ . . EASEMENT PURCHASE AGREEMENT IM/ AGREEMENT dated , 2P6etween WESTPARK GROUP LP, a Texas limited partnership. ("O ER') and the City of Denton, Texas ("CITY"). WITNESSETH: WHEREAS, WESTPARK GROUP LP, a Texas limited partnership is the owner of certain tracts of land in the J. Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, said tracts all being affected by the public improvement PROJECT called the Jim Christal Electric Upgrade Project ("PROJECT"); and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary Easement for the PROJECTS; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the OWNER shall grant, execute and deliver to the CITY an easement for electric utilities traversing Owner's property, more particularly described as: A variable width Electric Easement tract of approximately 0.380 acres of land. The easement tract herein is referenced hereinafter as the "Easement". The conveyance instrument for the Easement being in form and substance identical to that attached hereto as "ATTACHMENT 1 2. At Closing, the CITY shall pay OWNER, Nine Thousand One Hundred Dollars and No Cents ($9,100.00) as payment for the Easement as Total Compensation. The Total Compensation payment represents full and adequate consideration for all of the easement tracts contemplated herein and any improvements therein, including without limitation, any damages to the remainder of OWNER's property; 3. The Closing shall be in and through the office of Title Resources (Title Company) with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date"). The OWNER shall convey the Easement free and clear of all debts and liens. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Easement, if necessary; 4. The stipulated Total Compensation amount shall be paid by the CITY at closing to the OWNER through the Title Company. All other typical closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER's attorney's fees; Page 1 5. The CITY expressly acknowledges that the Easement are being granted and accepted AS-IS, WHERE-IS WITH ALL FAULTS, and, OWNER makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Easement; 6. This AGREEMENT is subject to all matters shown of public record to affect the Easement, including all liens, claims, Easement, restrictions, covenants, mineral and royalty interests shown of public record, and all other contracts, burdens and encumbrances of any kind affecting the Easement; 7. The date on which this AGREEMENT is executed by the last to sign of the parties shall be the "Effective Date" of this AGREEMENT; 8. This AGREEMENT constitutes the sole and only agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 9. owner retains all rights to all minerals associated with the Easement Tract(s). CITY OF DENTON By: George C. Campbell, City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Page 2 WESTPARK GROUP, LP, A Texas limited partnership By: WestparkGroup GP, LLC, A Texas limited liability company Its General Partner By: The Rayzor Company, A Texas Corporation, Its sole member By: Philip A. B #r, Vice President Date Executed: S J d I1 ;?-0 0 Page 3 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of. (1) an executed copy of this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources Attn: Virginia Kubiak 1112 Dallas Drive, Suite 402 Denton, Texas 76205 Telephone (940) 381-1006 Fax (940) 565-1917 By: Printed Name: Title: Contract receipt date: Page 4 ATTACHMENT I NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRIC EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT WESTPARK GROUP LP, a Texas limited partnership ("Grantor"), of Denton County, whose mailing address is 400 West Oak Street, Suite #200, Denton, Texas 76201, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") perpetual easements in, along, upon, under, over and across the following described property (the "Property"), owned by them, and situated in Denton County, Texas, located in the J. Perry Survey, Abstract No. 1040, to wit: PROPERTY AREAS DESCRIBED AND ILLUSTRATED IN EXHIBITS A AND B, ATTACHED HERETO AND MADE A PART HEREOF And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Electric Line Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. 1 The easement rights granted herein are for the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining electric utilities, and related facilities ("Electric Facilities"), in, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Electric Facilities or any part thereof. Grantor's overall property of which the Easement Property is a portion is referred to herein as the "Grantor's Property". Grantor shall have no obligation to construct or maintain the Electric Facilities. Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use the Easement Property for the location, construction, reconstruction, relocation and operation of such Electric Utilities necessary or desired for the conduct of Grantor's development of the Grantor Adjoining Property so long as Grantor's use of such ground space does not unreasonably interfere with the rights herein granted to Grantee, which uses will be subordinate to the Grantee's easement rights herein, and (ii) construct or place fences, pavement and landscaping on or adjacent to the Easement Property so long as same does not unreasonably interfere with the rights herein granted to Grantee, and specifically including the right to place paved driveways and access areas over the Easement Property. It is understood that brick, stone or masonry walls and/or columns shall not be used in the construction of fences within the Easement Property, and any fences placed across the easement shall contain gates or removable panels so that the Easement Property is readily accessible by the City's employees and agents at all times and that there shall be no longitudinal installation of fencing within the Easement Property. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to do so, such Electric Utilities shall only cross the Easement at not less than a 45'angle and no greater than a 90° angle to the centerline of the Easement, there shall be no longitudinal installation. If such facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed electric utilities. Prior to construction or installation of Grantor facilities within the Easement Property by Grantor, or its successors or assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld. Any non-approved utility construction or installations shall be at-risk for future adjustment or relocation at the sole cost and expense of the owner of the encroaching facility. Within 60 days after completion of construction of Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City Engineer complete as-built construction plans of the subj ect improvements. 2 For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Easement Property across Grantor's Property by way of existing Jim Christal Road public property or right-of-way. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW as to the condition or suitability of the Easement or the Easement Property for Grantee's easement rights and uses defined herein. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand to be effective as of the day of , 2011. WESTPARK GROUP, LP, A Texas limited partnership By: WestparkGroup GP,,LLC, A Texas limited liability company Its General Partner By: The Rayzor Company, A Texas Corporation, Its sole member By: Philip A. Baker, Vice President Date Executed: ACKNOWLEDGMENT 3 THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the day of February, 2011 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as sole member, Westpark Group GP, LLC, General Partner of Westpark Group LP on behalf of said limited partnership. Notary Public - State of Texas Accepted this day of February, 2011 for the City of Denton, Texas (Resolution No. 91- 073). By: Paul Williamson Real Estate Manager Upon recording return original to: City of Denton Real Estate and Capital Support 901-A Texas Street Second Floor Denton, Texas 76209 4 rthur Surveying Co., Inc. Pz-a essiaa.w zancl smrveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 EXHIBIT A D.M.E. EASEMENT 0.380 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of Lot 2, Block A, Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 2 and being in the south line of Jim Christal Road, having a variable width right-of-way, from which a 5/8 inch iron rod found bears North 01 degree 07 minutes 01 second East, a distance of 30.01 feet; THENCE South 01 degree 07 minutes 01 second West, with the east line of said Lot 2, a distance of 15.01 feet to a point for corner; THENCE over, across and through said Lot 2 the following three (3) calls: South 89 degrees 23 minutes 31 seconds West, a distance of 817.26 feet to a point for corner; North 01 degree 10 minutes 54 seconds East, a distance of 10.00 feet to a point for corner; W,s t 6r South 89 degrees 23 minutes 31 seconds lsast, a distance of 857.43 feet to a point in the west line of said Lot 2; THENCE North 00 degrees 01 minute 06 seconds East, with the west line of said Lot 2, a distance of 5.00 feet to the northwest corner thereof, being in the south line of said Jim Christal Road; THENCE North 89 degrees 23 minutes 31 seconds East, with the south line of said Jim Christal Road, a distance of 1674.77 feet to the POINT OF BEGINNING, and containing 0.380 acres of land, more or less. .cil • `fit-r ~ I ""IV -,~c 11 SE R '4;t4 c:\2008\cod\280869 - jim christal dme easement\docs\280869_esmt8.doc i NORTH 100 0 100 Feet ~~NS Ns JPOK P Pv pP P.~~N ~R ' PGp p 0~ pP~SpPN5.61`t' P I.R.F. p,01 PGE.I- X401-• (C.M.) WP LINE TABLE LINE BEARING LENGTH L1 S01'07'01"W 15.01' L2 N01'10'54"E 10.00' L3 N00'01'06"E 5.00' L4 N01'07'01"E 30.01' L5 N01'07'01 "E 30.01' L6 N00'32'00"E 23.25' P PR i Go ;0 RP~JO~N1g6' P . G S89'23'31"W 1519.02' JIM CHRISTAL ROAD R.O. W. DEDICATION (CAB. Y, PC. 169) N89.23 31 E,., 1674.77 Z ° S89'23'31 "W U- iE a. 857.43' a Of 0) az ~ I~ I Wn I'd ~20 a~ lo G ~ I I I LOT 2, BLOCK CK A WESTPARK ADDITION, PHASE 2 (CAB. Y, PG. 169) EXHIBIT B D.M.E. Easement 0.380 Acres in the J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - R.O.W. DEDICATION (CAB. Y, PG. 169) S89723'31 "W 817.26' D.M.E. EASEMENT 0.380 ACRES J n O ova ~~ro 00 ~ v Arthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 - Fax 972-221-4675 220 Elm street, suite 200 - P.O. Box 54 Lewisville, Texas 79067 4 J 5/8" I.R.F. ~~jj~~ ~p v (C.'t p. V. elJ. C:\2008\COD\280869 - Jlm Chriatd DME E-ment\ *000869-ee M.dw9 9/9/2009 4:23:12 PM CDT EASEMENT PURCHASE AGREEMENT ~D11 AGREEMENT dated 29i T between RAYZOR INVESTMENTS, LTD., a Texas limit partnership. ("OWNER") and the City of Denton, Texas ("CITY"). WITNES SETH: WHEREAS, RAYZOR INVESTMENTS, LTD., a Texas limited partnership is the owner of certain tracts of land as evidenced by conveyance to Rayzor Investments, Ltd. by instrument recorded by Deed in Volume 1796, Page 601, Denton County Deed Records said tracts are located in the J. Bacon Survey, Abstract No. 1541, Section 1, Tract 7, the B.B.B. and C.R.R. Survey, Abstract No. 192, Section 1, Tract 5, and the J. Perry Survey, Abstract No. 1040, Section 3, Tract 8, and Section 6, Tract 1, said tracts all being affected by the public improvement PROJECT called the Jim Christal Electric Upgrade Project ("PROJECT"); and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary Easement for the PROJECTS; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: At Closing, the OWNER shall grant, execute and deliver to the CITY an easement for electric utilities traversing Owner's property, more particularly described as: A 10' wide Electric Easement tract of approximately 0.045 acres of land, a variable width Electric Easement tract of approximately 1.896 acres of land, a 16' wide Electric Easement tract of approximately 0.147 acres of land, a 16' wide Electric Easement tract of approximately 1.674 acres of land, and a 16' wide Electric Easement tract of approximately 1.043 acres of land. The easement tracts herein are referenced hereinafter as the "Basement". The conveyance instrument for the Easement being in form and substance identical to, that attached hereto as "ATTACHMENT 1 2. At Closing, the CITY shall pay OWNER, Eighty Four Thousand Two Hundred Dollars and No Cents ($84,200.00) as payment for the Easement as Total Compensation. The Total Compensation payment represents full and adequate consideration for all of the easement tracts contemplated herein and any improvements therein, including without limitation, any damages to the remainder of OWNER's property; The Closing shall be in and through the office of Title Resources (Title Company) with said Title Company acting as escrow agent, on the date which is 30 days after the Effective Date, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date ("Closing Date"). The OWNER shall convey the Easement free and clear of all debts and liens. The OWNER shall assist and support satisfaction of all closing requirements in relation to solicitation of release or subordination of liens and encumbrances affecting the Easement, if necessary; Page 1 4. The stipulated Total Compensation amount shall be paid by the CITY at closing to the OWNER through the Title Company. All other typical closing costs associated with this transaction shall be paid specifically by the CITY, except for OWNER's attorney's fees; 5. The CITY expressly acknowledges that the Easement are being granted and accepted AS-IS, WHERE-IS WITH ALL FAULTS, and, OWNER makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Easement; 6. This AGREEMENT is subject to all matters shown of public record to affect the Easement, including all liens, claims, Easement, restrictions, covenants, mineral and royalty interests shown of public record, and all other contracts, burdens and encumbrances of any kind affecting the Easement; 7. The date on which this AGREEMENT is executed by the last to sign of the parties shall be the "Effective Date" of this AGREEMENT; 8. This AGREEMENT constitutes the sole and only agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 9. Owner retains all rights to all minerals associated with the Easement Tract(s). CITY OF DENTON By: George C. Campbell, City Manager Date: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~~z Page 2 RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner OK? By: Philip A. B , Vice President Date Executed: RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of. (1) an executed copy of this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement including without limitation those terms relating to compliance with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any Regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources Attn: Virginia Kubiak 1112 Dallas Drive, Suite 402 Denton, Texas 76205 Telephone (940) 381-1006 Fax (940) 565-1917 By: Printed Name: Title: Contract receipt date: Page 3 ATTACHMENT 1 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ELECTRIC EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Rayzor Investments, Ltd., a Texas limited partnership ("Grantor"), of Denton County, whose mailing address is 400 West Oak Street, Suite #200, Denton, Texas 76201, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, have GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") perpetual easements in, along, upon, under, over and across the following described property (the " Easement Property"), owned by them, and situated in Denton County, Texas, located in the J. Bacon Survey, Abstract Number 1541, the B.B.B. and C.R.R. Survey, Abstract Number 192, and the J. Perry Survey, Abstract Number 1040 to wit: PROPERTY AREAS DESCRIBED AND ILLUSTRATED IN EXHIBITS A, B, C, D, and E, All ATTACHED HERETO AND MADE A PART HEREOF It is agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Easement Property, such fences, buildings and other obstructions as may now be found upon said Easement Property; but only to the extent necessary to complete the construction of the below described Electric Line Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. 1 The easement rights granted herein are for the purpose of constructing, reconstructing, installing, repairing, and perpetually maintaining electric utilities, and related facilities ("Electric Facilities"), in, along, upon and across said Easement Property, with the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Easement Property for the purpose of making additions to, improvements on and repairs to said Electric Facilities or any part thereof. Grantor's overall property of which the Easement Property is a portion is referred to herein as the "Grantor's Property". Grantor shall have no obligation to construct or maintain the Electric Facilities. Grantor hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use the Easement Property for the location, construction, reconstruction, relocation and operation of such Electric Utilities necessary or desired for the conduct of Grantor's development of the Grantor Adjoining Property so long as Grantor's use of such ground space does not unreasonably interfere with the rights herein granted to Grantee, which uses will be subordinate to the Grantee's easement rights herein, and (ii) construct or place fences, pavement and landscaping on or adjacent to the Easement Property so long as same does not unreasonably interfere with the rights herein granted to Grantee, and specifically including the right to place paved driveways and access areas over the Easement Property. It is understood that brick, stone or masonry walls and/or columns shall not be used in the construction of fences within the Easement Property, and any fences placed across the easement shall contain gates or removable panels so that the Easement Property is readily accessible by the City's employees and agents at all times and that there shall be no longitudinal installation of fencing within the Easement Property. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to do so, such Electric Utilities shall only cross the Easement at not less than a 45°angle and no greater than a 90° angle to the centerline of the Easement, there shall be no longitudinal installation. If such facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed electric utilities. Prior to construction or installation of Grantor facilities within the Easement Property by Grantor, or its successors or assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld. Any non-approved utility construction or installations shall be at=risk for future adjustment or relocation at the sole cost and expense of the owner of the encroaching facility. Within 60 days after completion of construction of Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City Engineer complete as-built construction plans of the subject improvements. 2 For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Easement Property across Grantor's Properly by way of existing Jim Christal Road public property or right-of-way. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and ordinances of municipal and other governmental authorities. The easement for the Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW as to the condition or suitability of the Easement or the Easement Property for Grantee's easement rights and uses defined herein. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand to be effective as of the Rayzor Investments, Ltd., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Pbi ip A. Baker, Vice President day of , 2011. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on this the day of February, 2011 by Philp A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public - State of Texas Accepted this day of , 2011 for the City of Denton, Texas (Resolution No. 91-073). By: Paul Williamson Real Estate Manager Upon recording return original to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson EXHIBIT A 1 OF 2 Arthur Surveying Co., Inc. Rr®.tessi®nal land Suz-vrey rs P.O. Box 54 -V Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 10' D.M.E. EASEMENT 0,045 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Bacon Survey, Abstract Number 1541, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 7, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of Westpark Addition, Phase 2, an addition to the City of Denton; Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, from which the northwest corner thereof bears North 00 degrees 01 minute 06 seconds East, a distance of 25.00 feet, said point being in Jim Christal Road, a public roadway; THENCE South 00 degrees 01 minute 06 seconds West, with the west line of said Westpark Addition, Phase 2, a distance of 10.00 feet to a point for corner; THENCE South 89 degrees 43 minutes 30 seconds West, over, across and through said Section 1, Tract 7, a distance of 202.40 feet to a point for corner in the east line of Western Boulevard, a public roadway; THENCE North 45 degrees 19 minutes 51 seconds East, with the east line of said Western Boulevard, a distance of 14.29 feet to a point for comer; THENCE North 89 degrees 43 minutes 30 seconds East, over, across and through said Section 1, Tract 7 , a distance of 192.24 feet to the POINT OF BEGINNING, and containing 0.045 acres of land, more or less. c:120081cod1280869 - jim christal dme easementldocsM0869 esmt6.doc NORTH 50 0 50 Feet JIM CHRISTAL ROAD DIANNE D,AVIS ATKINSON, JACK D. ATKINSON, WALLACE E. DAVIS, JR. AND MARY V. DAVIS (VOL. 612, PG. 430) ~'tl N89'43'30"E 192.24' LINE TABLE LINE BEARING LENGTH L1 S00'01'06"W 10.00' L2 N45'19'51 "E 14.29' L3 N00'01'06"E 25.00' Bearing system for this survey Is based on the Revised Conveyance Plat of Lots 3, 4 and 5, Block A of Legacy Crossing, an addition to the City of Frisco, Denton County, Texas recorded in Cabinet Y, Page 436 of the Plat Records of Denton County, Texas. J-. 'V. JJ. M.E. EASEMENT - 0.045 ACRES S89'43'30"W 202.40' SECTION 1, TRACT 7 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) 5/8wI.R.F. BEARS N89723'31 "E 0.49' / N89'23'31 "E 1675.35' R.O.W. DEDICATION (CAB. Y, PG. 169) 5/8" I.R.F. G~ Q~1 ti• o`~QG' 0~ P~-l• PQ~P0 4 r OP Asy~ EXHIBIT A 20F2 IO'D.ME. Easement 0.045 Acres in the J. Bacon Survey, Abst. No. 1541 City of Denton Denton County, Texas - 2009 - rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 Fax972-221-4675 220 SIm Street, Suite 200 - P. 0. Box 54 LewisviIIe, Texas 75067 u; \euuo\uu\rnuaoe - u,m ........w[\awq \[ouoo.-a.m[vo.awy d/e~LUUM t. -[;[o Yx EXHIBIT B 1 OF 3 Arthur Surveying Co., Inc. pro-essian--d Iand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 D.M.E. EASEMENT 1.896 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the B.B.B. and C. R.R. Survey, Abstract Number 192, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 1, Tract 5, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of that certain tract of land described in deed to Dianne Davis Atkinson, Jack D. Atkinson, Wallace E. Davis, Jr. and Mary V. Davis, recorded in Volume 612, Page 430 of the Deed Records of Denton County, Texas, from which a %Z inch iron rod found bears South 00 degrees 32 minutes 00 seconds West, a distance of 31.76 feet; THENCE North 00 degrees 32 minutes 00 seconds East, with the east .line of said Atkinson tract, a distance of 20.00 feet to a point for corner; THENCE over, across and through said Rayzor tract the following four (4) calls: North 89 degrees 23 minutes 31 seconds East, a distance of 1517.42 feet to a point for comer; North 89 degrees 13 minutes 36 seconds East, a distance of 577.31 feet to a point for comer; North 89 degrees 23 minutes 16 seconds East, a distance of 588.18 feet to a point for comer; North 88 degrees 11 minutes 00 seconds East, a distance of 319.74 feet to a point in the west line of Lot 2, Block 1, Harley Addition, an addition. to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet V, Page 373 of the Plat Records of Denton County, Texas; THENCE South 22 degrees 22 minutes 39 seconds East, with the west line of said Lot 2, a distance of 46.03 feet to a 5/8 inch iron rod found in the north line of Jim Christal Road; THENCE in a westerly direction with the north line of said Jim Christal Road the following two (2) calls: South 88 degrees 11 minutes 00 seconds West, a distance of 335.90 feet to a 5/8 inch iron rod found; c:12008\cod\280869 -jinn christal dme easement\docs\280869_esmt13.doc EXHIBIT B 2OF3 Arthur S urveying Co., Inc. Pro- essic~.na.1 Land Sxzrveyymrs P.O. Box 54 Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 South 89 degrees 28 minutes 23 seconds West, a distance of 593.48 feet to a point at the beginning of a non-tangent curve to the left having a radius of 805.00 feet; THENCE over, across and through said Rayzor tract the following three (3) calls: Continuing with said curve an are length of 191.16 feet, having a delta angle of 13 degrees 36 minutes 21 seconds, whose chord bears North 84 degrees 05 minutes 27 seconds West, a distance of 190.71 feet to a point for comer; South 89 degrees 13 minutes 36 seconds West, a distance of 383.41 feet to a point for comer; South 89 degrees 23 minutes 31 seconds West, a distance of 1517.85 feet to the POINT OF BEGINNING, and containing 1.896 acres of land, more or less. c:120081cod1280869 - jim christal dme easementldocs1280869 esmt13.doc 2 ys ?o a~ } o¢r. Y z c:- ~Z* ~a z <.< sW 0 U wa Z 2S CURVE TABLE CURVE RADIUS LENGTH DELTA CHD BRG CHORD C1 805.00' 191.16' 13'36'21" N8405'27"W 190.71' Lit SECTION 1, TRACT 5 z RAYZOR INVESTMENTS, LTD. J (VOL 1796, PG. 601) D.M.E. EASEMENT 1.696 ACRES N89'23'31 "E 1517.42' N89'13'36"E 577.31' 1r ' P. ((0, J3. S89.23'31 "W 1517.85' S89'13'36"W 383.41' L.( JIM CHRISTAL ROAD 6- 5/8" I.R.F. p LOT 2, BLOCK A SECTION 3, TRACT 8 (C.M.) Y WESTPARK ADDITION, PHASE 2 RAYZOR INVESTMENTS, LTD. (CAB. Y, PG. 169) (VOL. 1796, PG. 601) Lil SECTION 1, TRACT 5 REMNANT OF JIM CHRISTAL ROAD 1RISTAL z RA SEC INVESTMENTS, LTD. (AS SHOWN ON SURVEY BY JERRY CURTIS ASSOCIATES, HLOT' ARLEM ADBLOCK I DITION - (VOL 1796, PG. 601) INC. DATED 10/31/2006) < - N881 1 00~~E (CAB. V, PG. 373) 577.31' N8923'16"E 1588.1B, 319.74' D.M.E. EASEMENT I- 1.896 ACRES .41 S8928'23"W 593.4' S " I.R.F. '11'00"W ROAD (c M.) 335.90' 518° I.R.F. 5/8" I.R.F. F (C.M.) (C. M,) I C R.O.W. DEDICA17ON TO E. W. BELCHER AND SECTION 3 r CITY OF DENTON O WANDA M. BELCHER , TRACT 8 TS, LTD, `("'TR. NO. 93-ROO22795) (VOL 503, PG. 427) RA(VOL 11796, PGN 01) SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) EXHIBIT B 3OF3 D.M.E. Easement 1.896 Acres in the B.B.B. & C. R.R. Survey, Abst. No. 192 City of Denton Denton County, Texas - 2009 - v Et' P i ti ,-n / U 5- Arthur SurveyN 0., I roc, Professional Land Surveyors 972-221-9439 Fax 972-221-4675 220 Blm StceeA Suite 200 P. 0. Box 54 LewissiIIe, Texas 75067 -Jim ChrnLal OWE Ec-ML\dwq\280869- mtl3.dw9 9/9/2009 4:25:25 PM CDT EXHIBIT C 1 OF 2 rthur Surveying Co., Inc. Rz-oTessionaI1Gand Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 16' D.M.E. EASEMENT 0.147 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the J. Perry Survey, Abstract Number 1040, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 3, Tract 8, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a %2 inch iron rod found at the northwest corner of Lot 1R, Block 1, Browne Industrial Park, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet W, Page 330 of the Plat Records of Denton County, Texas, said point being in the south line of Jim Christal Road, having a variable width right-of-way; THENCE South 00 degrees 07 minutes 40 seconds West, with the west line of said Lot 1R, a distance of 16.00 feet to a point for corner; THENCE South 89 degrees 41 minutes 39 seconds West, over, across and through said Rayzor tract, a distance of 399.20 feet to a point in the east line of that certain tract of land described in deed to E. W. Belcher and Wanda M. Belcher, recorded in Volume 503, Page 427 of the Deed Records of Denton County, Texas; THENCE North 00 degrees 39 minutes 47 seconds West, with the east line of said Belcher tract, a distance of 16.00 feet to a point for corner; THENCE North 89 degrees 41 minutes 39 seconds East, over, across and through said Rayzor tract, a distance of 399.42 feet to the POINT OF BEGINNING, and containing 0.147 acres of land, more or less. c:\2008\cod\280869 - jim christal dme easement\docs\280869 esmt10.doc LINE TABLE LINE BEARING LENGTH L1 S00'07'40"W 16.00' L2 N00'39'47"W 16.00' L3 N00'39'47"W 29.33' L4 S8946'58"W 45.55' L5 N2222'39"W 42.72' L6 300'07'40"W 28.71' PART OF RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) E. W. BELCHER AND WANDA M. BELCHER (VOL 503, PG. 427) '0 90 c~ o Z cd I.R.F 5/8' I.R.F. w v 5/6" I.R.F. (C.M.) LOT IR, BLOCK 1 HARLEY ADDITION (CAB. V, PG 373) 383.23' 589'48'21"E 415.80' JIM CHRISTAL ROAD 389'46'58"W 354.27' G/iJGIVIGIV I - U. 14/ ;89'41'39"W 399.20 SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) EXHIBIT C 2OF2 16' D.M.E. Easement 0.147 Acres in the J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas 2009 - -2009- I.R.F. . F. .I'. (~..6'. t R.O.W. DEDICATION (CAB. L, PG. 107) M") 1 16' UTTL ESMT. - (L/107) 40' DME ESMT. - (W1330) 25' DRNG. & DETENTION ESMT. I (W/330) o Ci z LOT 1R, BLOCK 1 Z I BROWNE INDUSTRIAL PARK C.) (CAB. W, PG. 330) a m a ~ 1 Cc ~ Cc I h ~ ~ C CL a I U i W W w Arthur Surveying Co., Inc. Professional Land Surveyors 972 221 9439 Fax972-221-4675 220 Mm Street, Suite 200 - P.O. Box 54 Lewisville, Texas 75067 C:\2DOB\000\280869 - J. Ch,i.lal DME E..-t\dx9\280889_. 00.dx9 919/2009 4:21:00 PM COT EXHIBIT D 1 OF 4 Arthur Surveying Co., Inc. -'ratessi®xxal T-and Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 16' D.M.E. EASEMENT 1.674 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James Perry Survey; Abstract Number 1040 and the Eugene Pulchaski Survey, Abstract Number 996, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 3, Tract 8 and Section 6, Tract 1, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the east line of Westpark Addition, Phase 2, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet Y, Page 169 of the Plat Records of Denton County, Texas, and being in the east line of a Right of way Dedication to the City of Denton as shown in said Westpark Addition, Phase 2, also being in Jim Christal Road, a public roadway, and from which a 5/8 inch iron rod found bears North 01 degree 07 minutes 01 second East, a distance of 25.02 feet; THENCE over, across and through said Rayzor tract the following five (5) calls: North 89 degrees 13 minutes 36 seconds East, a distance of 385.42 feet to a point at the beginning of a curve to the right having a radius of 695.00 feet and from which a 5/8 inch iron rod found bears North 00 degrees 40 minutes 26 seconds West, a distance of 15.00 feet being at the most north southwest comer of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 93-R0022195 of the Real Property Records of Denton County, Texas; Continuing with said curve an arc length of 713.44 feet, having a delta angle of 58 degrees 48 minutes 57 seconds, whose chord bears South 61 degrees 29 minutes 41 seconds East, a distance of 682.52 feet to a point from which a 5/8 inch iron rod found bears North 57 degrees 46 minutes 51 seconds East, a distance of 15.00 feet being in the southwest line of Oak Street, having a 80 foot right-of-way; South 32 degrees 05 minutes 18 seconds East, a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 805.00 feet, from which a 518 inch iron rod found bears North 57 degrees 54 minutes 42 seconds East; a distance of 15.00 feet being in the southwest line of said Oak Street; Continuing with said curve an arc length of 1127.00 feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears South 72 degrees 11 minutes 44 seconds East, a distance of 1037.19 feet to a point for comer, c:\2008\cod\280869 - jim cluistal dme easement\docs\280869_esmt12.doc EXHIBIT D 2OF4 rthur Surveying Co.} Inc. -Frofessianai -Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 North 67 degrees 41 minutes 52 seconds East, a distance of 225.07 feet to a point in the southwest line of Kansas City Southern Rail Road, having a variable width right-of-way; THENCE South 22 degrees 23 minutes 18 seconds East, with the southwest line of said Kansas City Southern Rail Road, a distance of 20.00 feet; THENCE over, across and through said Rayzor tract the following five (5) calls: South 67 degrees 41 minutes 52 seconds West, a distance of 225.10 feet to a point for corner, being at the beginning of a curve to the right having a radius of 825.00 feet; Continuing with said curve an are length of 1155:00 feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears North 72 degrees 11 minutes 44 seconds West, a distance of 1062.96 feet to a point for comer; North 32 degrees 05 minutes 18 seconds West, a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 675.00 feet; Continuing with said curve an are length of 692.93 feet, having a delta angle of 58 degrees 49 minutes 04 seconds, whose chord bears North 61 degrees 29 minutes 45 seconds West, a distance of 662.90 feet to a point for comer; South 89 degrees 13 minutes 36 seconds West, a distance of 386.10 feet to a point in the east line of Lot 2, Block A of said Westpark Addition; THENCE North 01 degree 07 minutes 01 second East, with the east line of said Lot 2, a distance of 20.01 feet to the POINT OF BEGINNING, and containing 1.674 acres of land, more or less. PY m C % a.. 5.002 c:\2008\cod\280869 - jim christal dme easement\docs\280869 esmt12.doc LINE TABLE LINE BEARING LENGTH L1 S22'23'18"E 20,00' L2 N01'07'01 "E 20.01" L3 SOt'07'01 "W 25.02' L4 N00'40'26"W 15.00' L5 N57'46'51 "E 15.00' L6 N57'54'42"E 15.00' L7 S2223'18"E 95.00' N a -C 0) Y ^ °E ~o Nam _j J~y ~y PART OF RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) 5/8' 1.R.F JIM CHRISTAL ROAD N89'13'36 "E (C M.)I.R.F. 385.42' L4 Z! S89'13'36"W 386.10' oa w o~ 3 m I O¢ Cr REMNANT OF JIM CHRISTAL ROAD (AS SHOWN ON SURVEY BY JERRY CURTIS ASSOCIATES, INC. DATED 1013112006) PART OF RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) R-69 4 S67. S 0 , Ire R 4, N67 29 Op8 Ag, 6 25 R. 4s, ~s9 2\ 0. 20' D.M.E. EASEMEN 1.674 ACRES G~~~G~~k 1 ,4L L5 5/81.R.. g. getF G. (C.M.) p~a~5 Q y~GO R.O.W. DEDICATION TO CITY OF DENTON (INSTR. NO. 93-R0022195) I z a JI UI SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) EXHIBIT D 3OF4 20' D.M.E. Easement 1.674 Acres in the E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - SHEET 1 of 2 tS. i I rthur Surveying Co., Inc. Professional Land Surveyors 972-221-9439 Fax 972-221-4675 220 Mm Street, Suite 200 - P. 0. Box 54 LewisviUa, Texas 75067 C:\2008\COD\2B0869 - Jim Chridd DME Ea-nt\dwa\280B69_-t12.dwa 21912009 4:24:41 PM COT LINE TABLE LINE BEARING LENGTH L7 S22 23'18"E 20.00' L2 N01'07'01 "E 20.01' L3 S01'07'01"W 25.02' L4 N00'40'26"W 15.00' L5 N5746'51 "E 15.00' L6 N57'54'42"E 15.00' L7 S2223'18"E 95.00' IW ' J IU Q ' SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) LOT 1R, BLOCK 1 \ \ BROWNE INDUSTRIAL PARK (CAB. W, PG. 330) \ ~I I \ DRAINAGE AND o I I DETENTION EASEMENT (CAB. IN, PG. 330) J I l~ ~o~ os 5/8" I.R.F. (C.M.) 5/8" I.R.F. o YZ JZ Ir 'C W a I V U e (n a a~ as czm s~ L110 8 W SECTION 6, TRACT 1 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) ':~4 /2 r4- ~ O Z '0 N to T Z~ n r-A- ~ 1 o N ` Tfl 1 5' Cp. L A: 0 d I.R.F. SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) 20' D.M.E. EASEMEN 1.674 ACRES EXHIBIT D 40F4 000 . 72 1270 1037 ; L OAK STREET 4, 9 '¢4„1~ ~062. 5. 0D, R.O.W.~NSTRANON 3O R02219 ►►YY gSECTION 6, TRACT 1 RAYZOR INVESTMENTS, LTD. p•A~ (VOL. 1796, PG. 601) 7Ff__ 20'D.ME. Easement 1.674 Acres in the E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - SHEET 2 of 2 F 11 , -N 'a rthur Surveying' P rofessional Land Sul veyors 972-221-9439 - Fax 972-221-4675 220 Elm street, suite 200 P.0. Box 54 Lewisville, Texas 75067 5Z c rol 0) /2 ''old 56~.A15 22 C:\2008\COD\280869 - J. Chrl.fd OME E..-t\4.q\280869-.-tl2.d.q 9/9/2009 4:24:43 PM CDT EXHIBIT E 1 OF 4 Arthur Surveying Co., Inc. pz-a essialcP.w za-aci Surv'eyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 16' D.M.E. EASEMENT 1.043 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the James Perry Survey, Abstract Number 1040 and the Eugene Puchalski Survey, Abstract Number 996, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor Investments, LTD., Section 3, Tract 8 and Section 6, Tract 1, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point in the southwest line of Kansas City Southern Rail Road, having a variable width right-of-way, from which a % inch iron rod found at the most west northwest comer of that certain tract of land described in deed to the City of Denton, recorded under Instrument Number 93-R0022195 of the Real Property Records of Denton County, Texas, from which a 5/8 inch iron rod bears South 22 degrees 18 minutes 36 seconds East, a distance of 15.00 feet, said point being in the northwest line of Oak Street, having a 85 foot wide right-of-way; THENCE over, across and through said Rayzor tract the following four (4) calls: South 67 degrees 41 minutes 52 seconds West, a distance of 224.92 feet to a point, being at the beginning of a curve to the right having a radius of 695.00 feet; Continuing with said curve an are length of 973.00 feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears North 72 degrees 11 minutes 44 seconds West, a distance of 895.47 feet, from which a 5/8 inch iron rod found bears South 57 degrees 54 seconds 56 seconds West, a distance of 15.00 feet, being in the northeast line of said Oak Street; North 32 degrees 05 minutes 18 seconds West, a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 805.00 feet; Continuing with said curve an arc length of 228.23 feet, having a delta angle of 16 degrees 14 minutes 41 seconds, whose chord bears North 40 degrees 12 minutes 33 seconds West, a distance of 227.47 feet to a point in the south line of said City of Denton tract and also being the south line of Jim Christal Road, a public road way; THENCE continuing with the south line of said Jim Christal Road the following two (2) calls: North 39 degrees 31 minutes 58 seconds East, a distance of 35.56 feet to a point at the beginning of a curve to the right having a radius of 280.57 feet; Continuing with said curve an are length of 219.35 feet, having a delta angle of 44 degrees 47 minutes 36 seconds, whose chord bears North 61 degrees 55 minutes 50 cA2008\cod\280869 - jinn christal dme easement\docs\280869 esmtl Ldoc EXHIBIT E 20F4 Arthur Surveying Co., Inc. Professi®anal Land Surveyors P.O. Box 54 - Lewisville, Texas 75067 Office: (972) 221-9439 - Fax: (972) 221-4675 seconds East, a distance of 213.80 feet to a point in the west line of that certain tract of land described in deed to E. W. Belcher and Wanda M. Belcher, recorded in Volume 503, Page 427 of the Deed Records of Denton County, Texas; THENCE South 00 degrees 40 minutes 01 second East, with the west line of said Belcher tract, a distance of 16.06 feet to a point at the beginning of a non-tangent curve to the left having a radius of 264.57 feet; THENCE over, across and through said Rayzor tract the following six (6) calls: Continuing with said curve an are length of 205.44 feet, having a delta angle of 44 degrees 29 minutes 23 seconds, whose chord bears South 61 degrees 46 minutes 43 seconds West, a distance of 200.31 feet to a point for corner; South 39 degrees 31 minutes 58 seconds West, a distance of 20.29 feet to a point at the beginning of a non-tangent curve to the right having a radius of 821.00 feet, Continuing with said curve an are length 217.35 feet, having a delta angle of 15 degrees 10 minutes 06 seconds, whose chord bears South 39 degrees 40 minutes 16 seconds East, a distance of 216.72 feet to a point for comer; South 32 degrees 05 minutes 18 seconds East, a distance of 1191.23 feet to a point at the beginning of a curve to the left having a radius of 679.00 feet; Continuing with said curve an are length of 950.60 feet, having a delta angle of 80 degrees 12 minutes 52 seconds, whose chord bears South 72 degrees. 11 minutes 44 seconds East, a distance of 874.85 feet to a point for comer; North 67 degrees 41 minutes 52 seconds East, a distance of 224.92 feet to a point in the southwest line of said Kansas City Southern Rail Road; THENCE South 22 degrees 18 minutes 36 seconds East, with the southwest line of said Kansas City Southern Rail Road, a distance of 16.00 feet to the POINT OF BEGINNING, and containing 1.043 acres of land, more or less. c:\2008\cod\280869 - jim christal dme easement\docs\280869 esmtl l.doe r ' r.. vV. TH-.; ;'fo,-Ltl_EY III t~...;:Q..:5 0.......::... 00 i ~ 5/8• I.R.F. (C.M.) 5/8' I.R.F. SECTION 3 TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) EXHIBIT E 3OF4 of IL a i LOT 1R, BLOCK 1 of BROWNE INDUSTRIAL PARK Q (CAB. A PG. 330) ~I W of F ~I z ul N89'09'39"W 4719 94' LINE TABLE LINE BEARING LENGTH L1 N39'31'58"E 35.56' L2 S00'40'01 "E 16.06' L3 S39'31'58"W 20.29' L4 S22'1 8'36"E 16.00' L5 S22'18'36"E 15.00' L6 N5754'56"E 15.00' L7 S22'23'18'E 80.00' CURVE TABLE CURVE RADIUS LENGTH DELTA CHD BRG CHORD C1 805.00' 226.23' 16'14'41' N4012'33"W 227.47' C2 260.57' 219.35' 4447'36' N61'55'50"E 213.80' C3 264.57' 205.44' 44'29'23' S61'46'43'W 200.31' C4 821.00' 217.35' 1510106" S39'40'16'E 216.72' DRAINAGE AND DETENTION EASEMENT (CAB. W. PG. 330) 1 31 7 O co N C-1 -13 G> Z~ a ~N O ✓ r-A a 1 1 }bra N o CP. d \ W a I S SECTION 6, TRACT 1 RAYZOR INVESTMENTS, LTD. >Z I 2z (VOL. 1796, PG. 601) =U z a~ win wm W 16' D.M.E. EASEMENT 1.043 ACRES 9 00 72.52,. . 77'44' X50.60 ~~6 `-80 • 874.85. 00' 72 p5:e o St4' `9 7,3 00, 89 > 5 47' OAK STREET ,527E N6~•Zt~ 92 Z I.R.F. n W ZZAg2 56~ 25 p6 SECTION 6, TRACT 1R.O.W. DEDICATION TO CITY OF DENTON RAYZOR INVESTMENTS, LTD. (INSTR. NO. 93-R0022195) (VOL. 1796, PG. 601) QS 16' D.M.E. Easement 1.043 Acres in the rthur Surveying Co., Inc. E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 Professional Land Surveyors City of Denton 972221-9439 Fax972-221-4675 Denton County, Texas 220 Mm street; suite 200 P.O. Box 54 - 2009 - Lewisville. Texas 75067 SHEET I of 2 C:\2009\C0D\280869 -Jim Chd.td DME Ea.vn.nl\dx"\290969_emtll.dwa 9/9/2009 4:24:77 PM [DT LINE TABLE LINE BEARING LENGTH L7 N39'31'58"E 35.56' L2 S00'40'01"E 16.06' L3 S39'31'58"W 20.29' L4 S22'18'36"E 16.00' L5 S22'18'36"E 15.00' L6 N57'54'56"E 15.00' L7 S22 23'18"E 80.00' CURVE TABLE CURVE RADIUS LENGTH DELTA CHD BRG CHORD Cl 805.00'1 228.23' 76'14'41" N4012'33"W 227.47' C2 280.57' 219.35' 44'4736" N61'55'50"E 213.80' C3 264.57' 205.44' 44'29'23" S61446'43"W 200.31' E4 821.00' 217.35' 15'10'06' S39'40'16"E 216.72' REMNANT OF JIM CHRISTAL ROAD (AS SHOWN ON SURVEY BY JERRY CURTIS PART OF ASSOCIATES, INC. DATED 1013112006) RAYZOR INVESTMENTS, LTD. (VOL 1796, PG. 601) LOT 1R, BLOCK 1 HARLEY ADDITION ;o (CAB. V, PG. 373) F 16' UTILITY EASEMENT (CAB. L, PG. 107) E W. BELCHER AND WANDA M. BELCHER (VOL 503, PG. 427) w PART OF RAYZOR INVESTMENTS, LTD. NN (VOL 1796, PG. 601) 5/8' I.R.F. (C.M.) SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) 6 5/8" I.R.F. i'36'24"E 330.93' (C.M.) 69 D.M.E. EASEMENT 1.043 ACRES SECTION 3, TRACT 8 RAYZOR INVESTMENTS, LTD. (VOL. 1796, PG. 601) - ly+1. ff~ F, l',~.Iit '1 ~~oo-\~ + b- f1 j EXHIBIT E 40F4 16' D.M.E. Easement 1.043 Acres in the E. Pulchaski Survey, Abst. 996 J. Perry Survey, Abst. No. 1040 City of Denton Denton County, Texas - 2009 - SHEET 2 of 2 L40' DME EASEMENT 0 z (CAB. W, PG. 330) d l 2 F ~ U Q - U N M MI Q Q 1 I N ~ a r QI U Y ¢M ° O a y a m(n ~ Q W f7 ~Z~ ~ wl F-- W m C, 0 m of a 3I e v I ~I W al O it / 5/8` I.R.F. N89'09'39' / (C.M.) A rthur.Surveying Co., Inc. Professional Land Surveyors 972-2-21-9439 Fax 972 221-4675 220 Elm Street, Suite 200 - P.O. Box 54 Lewisville, Texas 75067 C\2008\COD\280969 - Jm Chdatal ONE Eo&-nt\dxo\280869_auntll.d- 9/912009 4:24:17 PM MT