2012-256s:Uegallour documents\ordinances1121wells fargo-glosser ordinance.doc
ORDINANCE NO. 2012-256
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE (I) A CONTRACT OF SALE (HEREIN SO
CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A", BY
AND BETWEEN THE CITY OF DENTON (THE "CITY"), AND WELLS FARGO BANK,
N.A., TRUSTEE, SUCCESSOR TO FIRST 1NTERSTATE BANK OF FORT WORTH, N.A.,
TRUSTEE AND BILLIE GLOSSER (COLLECTIVELY, THE "SELLER"),
CONTEMPLATING THE SALE BY SELLER AND PURCHASE BY CITY OF (A) A
CALLED 6.20 ACRE TRACT OF LAND; AND (B) A CALLED 141.65 ACRE TR.ACT OF
LAND (COLLECTIVELY, THE "REAL PROPERTY"), FOR THE PURCHASE PRICE OF
ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,500,000.00),
SAID REAL PROPERTY BEING GENERALLY LOCATED ALONG THE WEST SIDE OF
TOM COLE ROAD, ACROSS FROM THE DENTON MUNICIPAL AIRPORT AND
LOCATED IN THE DAVID DAVIS SURVEY, ABSTRACT NUMBER 356, DENTON
COUNTY, TEXAS; AND (II) UPON CLOSING OF THE TRANSACTION
CONTEMPLATED BY THE CONTR.ACT OF SALE, A TEMPORARY LEASE (HEREIN SO
CALLED) OF THE REAL PROPERTY 1N FAVOR OF BILLIE GLOSSER; AUTHORIZING
THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AND DELIVER ANY AND
ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH CLOSING OF THE
TRANSACTIONS CONTEMPLATED BY THE CONTRACT OF SALE; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute (i) the
Contract of Sale, by and between the City of Denton, as Buyer and Wells Fargo Bank, N.A.,
Trustee, successor to First Interstate Bank of Fort Worth, N.A., Trustee and Billie Glosser,
collectively, as Seller, in the form attached hereto and made a part hereof as Exhibit "A", with a
purchase price of $1,500,000.00, plus certain costs as prescribed in the Contract of Sale; and (ii)
any and all other documents necessary for closing the transaction contemplated by the Contract
of Sale, as more particularly described therein, including without limitation, the Temporary
Lease.
SECTION 2. The City Manager is hereby authorized to make expenditures as set forth
in the Contract of Sale.
SECTION 3. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the ,� day of C��� , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�
BY: ,., ,
APPR ED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY:
Page 2
CONTRACT OF SALE
STATE OF TEXAS §
COUNTY OF DENTON §
This Cantract of Sale (the "Contract") is made this � day of �Q��,p�i , 2012,
effective as of the date o� execution hereof by Buyer, as defined herein (the "Effective Date"), by
and between Wells Fargo Bank, N.A., Trustee, successor to First Interstate Bank of Fort Worth,
N.A., Trustee {referred to herein as "Trustee") and Billie Glosser, formerly known as Billie
Gregory, puxsuant to that certain Order Granting Change of Name o£ Adult, dated November 5,
1998, Cause No. 98-30693-211, 211th Judicial District Court of Denton County, Texas (refe:rxed
to herein as "Glosser") (Trustee and Glosser are collectively referred to herein as "Seller") and
the City of Denton, Texas, a Home Rule Municipal Cozporation of Denton County, Texas
(referred to herein as "Buyer").
RECITALS
WHEREAS, (i) Trustee owns those certain lands being more particularly described in
Exhibit "A", attached hereto and made a part hereof for a11 purposes (xeferred to herein as "Tract
1") and (ii) Glosser owns those certain lands being more particularly described in E�ibit "B",
attached hereto and made a part hereof for all purpases {referred to herein as "Tract 2"), each
being located in Denton County, Texas (Tract 1 and Tract 2 are collectively referred to as the
"Land"); and
WHEREAS, subject to the reservation below, Seller desires to sell to City, and Ciiy
desires to buy from Seller, the Land, together with any and all�rights•or �interests•of Seller in and
to adjacent streets, aileys and rights of way and together wiih all and singular the improvements
and fixtures thereon, including without limitation, water wells, pumps, watering facilities,
fencing, corrals, pens, sheds and barns, and all other rights and appurtenances to the Land
(collectively, the "Property").
ARTICLE I
SALE dF PROPERTY
For the consideration hereinafter set forth, and upon the terms, conditzons and provisions
herein contained, and subject to the reservations herein, Seller agrees to sell and convey to
Buyer, and Buyer agrees to purchase from Seller, the Property.
Seller, subject to tkie limitation of such reservation made herein, shall reserve, for
themselves and itself, their heirs, devisees, successors�and assi•gns; all oil, gas.and.cath�r..zninerals..�
in., on and under and that may be produced from the Property. Seller, their heirs, devisees,
successoxs and assigns shall not have the right to use or access the surface of the Property, in any
way, manner or foxm, in connection with or xelated to the reserved oil, gas, and other minerals
andlor related to exploration and/or production of the oil, gas and other minerals resexved herein,
Contract of Sale
Page 1 of 50
including without limitation, use or access of the surface of the Property for the location of any
well or drill sites, well bores, whether vertical or any deviation fiom vertical, water wells, pit
areas, seisrnic 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
an.y other infrastructure or improvement of any lcind or type in connection with or related to the
reserved oil, gas and other minerals, andlor related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i} all substances that any reasonable extraction, mining or other
exploration and/or production metb�.od, operation, process or proceduxe would consume, deplete
ox destroy the surface of the Property; and (ii) all substances which are at or near the surface of
the Pxoperty,
As used herein, the texm "surface of the Property" shall include the area irom the surface
of the earth to a dapth of iive hundred feet (500') below the surface of the earth and all areas
above the surface of the earth.
Nothing herein shall be construed to prohibit the production af the reserved oil, gas and
other muinerals and/or the pooling of the reserved mineral estate with other lands, so long as all
surface operations are located on lands other than Property.
It is understood that the Property, or a portion thereof, may be subject to an existing oil
and gas lease and that such oil and gas lease, to the extent it zs valid and subsisting, shall not be
subject to such surface use prohibi�ions, to the extent provided by law. However, (i) such oil and
gas lease shall be considered an Exception, as defined below; and (ii) nothing contained herein
shall be deemed as recognizing the validity or subsistence of such lease andlor operate as a
revivor thereof.
ARTICLE II
PURCHASE PRICE AND EARNEST MONEY
2.01 Purchase Price, The Purchase Price to be paid jointly to Seller for the Property is the
sum of One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00) (the "Purchase
Price").
2.02 Earnest Money.. Buyer shall deposit the, sum . of Twer�ty Five Thausand.. and .No/100
Dollars ($25,OQ0.00}, as Earnest Money (herein so called) with Title Resources, 1112 Dallas
Drive, Suite 402, Denton, Texas, 76205 (the "Title Company"), as escrow agent, upon execution
of this Contract by Seller and Buyer. All interest earned thereon shall become part of the Earnest
Money and shall be applied or disposed of in tl�e satne manner as the original Earnest Money
deposit, as provided in tlus Contract. Tf the purchase contemiplated hereunder is consuminated in
accordance with, .the.,ter�s:..and the. provisions..her:eo£,-.the�.Ear•nest,�.IVloney;.•..tvg�ther„with, a�l
interest earned thereon, shall be applied to the Puxchase Price at Closing. In all other events, the
Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as
provided in thi.s Contract.
Contract of Sale
Paga 2 of SO
2.03 Independent Contract Consideration. Within seven (7) calendar days after the
Effective Date, as defined below, Buyer shall deliver to the Title Company, for the jaint benefit
of Seller, a check in the azn.ount of One Hundred and No/100 Dollaxs ($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 Cansideration is in addition to, and independent of any
ather consideration ox payment provided in this Contract, is non-xefundable, and shall be retained
by Seller notwithstanding any other provision of this Contract.
AR.TICLE III
TITLE AND SURVEY
3.01 Title Commitment.
(a) Within ten (10) calendar days after the Effective Date, Seller, at Seller's sole cost and
expense, shall cause to be furnished to Buyer a current Commitment for Title Insurance
{the "Title Camrnitment") for the Praperty, issued by Title Company. The Title
Commitment shall set forth the state of tifle to the Praperty, including a list of liens,
mortgages, security interests, encumbrances, pledges, assignments, claims, charges,
leases (surface, space, mineral, or otherwise), condition.s, restrictions, options, severed
rnineral or royalty interests, conditional sales contracts, rights of first refusal, restrictive
covenants, exceptions, easements (temporary or permanent), rights-of-way,
encroachnnents, ox any other outstanding claims, interests, estates or equities of any
nature (each of which are referred to herein as an "Exception").
(b) Along with the Title Commitment, Seller shall also cause to be delivered to Buyer, at
Seller's sole cost and expense, true and correct copies of ail instruments that create ox
evidence Exceptions, including those described in the Title Commitment as exceptions to
which the conveyance will be subject and/or which are required to be released or cured at
ox prior to Closing,
3.02 Survey. Within twenty (20) calendar days after the Effective Date, Buyer may cause to
be prepared at Buyer's expense, a current on the ground survey of the Property (the "Survey").
The Survey may include but not be limited to, a depiction of the location of all xoads, streets,
easements and rights of way, both on and adjoining the Property, water courses, 100 yeax flood
plain, fences az�.d im.provements and sixuctures,.a£ a.ny kind. The Survey, ma.y, fur.ther describe tY�.e
size of the Property, in acxes, and contain a xnetes and bounds description ihereaf. Seller sha11
furnish or cause to be furnished any affidavits, certificates, assurances, and/or xesolutions or
amended or revised survey(s) as required by the Title Company in order to amend the survey
exception as required by Section 3.05, below and/or to delete other Exceptions xelated to matters
depicted or not depicted in the Survey, The description of the Property as set forth in the Survey,
at the Buyer's election, shall be used to d�scribe-the.Prop�rty�in•th�,deed.to-con�ey,the E.roperty..
to Buyer and shall be the descxiption set forth in the Title Policy.
3.43 Review of Title Commitmeni, Survey and Exception Documents. Buyer shall have a
period of twelve (12) calendar days (the "Title Review Period") commencing with the day Buyer
Contraot of Sale
Page 3 of 50
receives the last of the Title Commitmenfi, the Suxvey, and the Exception documents, in which to
give written notice to Seller, specifying Buyer's objections to ane or more of the items
("Objections"), if any, All items set forth in the Schedule C of the Title Commitment, and all
other items set forth in the Title Commitment which are required to be released or otherwise
satisfied at or prior to Closing, shall be deemed to be Objections without any action by Buyer.
3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. The Seller shall, within ten
(10) calendar days after Seller is provided notice of Objections, either satisfy the Objections at
Seller's sole cost and expense or promptly natify Buyer in writing of the Objections that Seller
cannot or will not satisfy at Seller's expense. Notwithstanding the foregoing sentence, Seller
shall, in any event, be obligated to cure those Objections ox Exceptions that have been
voluntarily placed on or againsi the Property by Seller after the Effective Date. If Sellex fails or
refuses io satisfy any Objections that Seller is not obligated to cure within the allowed ten (10)
calendar day period, and if Buyer does nat agree in writing to an extension of that period, said
extension to not exceed an additional thirty (30) days, then Buyer has the option of either:
(a) waiving the unsatisfied Objections by, and only by, nofice in writing to Seller prior to
Closing, in which event those Objections shall becbme Pexxn.itted Exceptions (herein so
called}, oz'
(b) tertninating this Contract by notice in writing prior to Closzng and receiving back ihe
Earnest Money, in which latter event Seller and Buyer shall have no further obligations,
one to the other, with respect to the subject matter of this Contract,
3.05 Title Policy. At Closing, Seller, at Seller's sole cost and expense, shal�l� cause a standaxd
Texas Owner's Policy of Title Insurance ("Title Policy") to be furnished to Buyer. The Title
Policy shall be issued by the Title Company, in the amount of the Purchase Price and insuring
that Suyer has indefeasihle ���fee - sirnple title to the Property, �subjeet onl}�� to•� the-� Permitted
Exceptions. The Title Policy may contain only the Permztted Exceptions and shall contain no
other exceptions to title, with ihe standard printed or common exceptions aznended or deleted as
follows:
(a) survey exception must be amended, if required by Buyex, to read "shortages in area" only
(although Schedule C of the Title Commitment may condition amendment on the
presentation of an acceptable survey and payment, to be borne solely by Seller, of any
required additional pr,emium.)x,.
(b) no exception will be permitted fox "visible and apparent easemenis" or words to that
effect (although reference zx�ay be �n.ade to any specific easement or use shown on the
Survey, if a Permitted Exception);
(e) no exception�.will.b�.p�rr•�itted.for "rights. of parties: i�n possession"; . �
(d) no liens will be shown on Schedule B.
Contract of Sale
Page 4 of 50
Notwithstanding the enumeration of the following exceptions, amendments and/or
deletzons, Buyex may object to any Exception it deems material, in its sole discretion.
ARTICLE IV
FEASIBILITY REVIEW PER.�OD .AND IMPROVEMENTS
4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations
of Buyer speciiied in this Contract are wholly conditioned on Buyer's having detexzxxined, in
Buyer's sole and absolute disoretion, during the period commencing with the Effeciive Date of
this Contract and ending forty five (45) calendar days thereaftex (ihe "Absolute Review Period"},
based on such iests, examinations (including intrusive examination, as deemed necessaxy by
Buyex), studies, investigations and inspectioz�s oi the Property the Buyer deems necessary or
desirable, including but not limited to studies, assessments and/ox inspections to determine the
existence of any environmental hazards or conditions in any environmental media, performed at
Buyer's sole cost, that Buyer finds the Pxoperty suitable for Buyer's purposes. Buyer is granted
the right to conduct engineering and/or maxket and economic feasibility studies af the Property,
and to conduct a physical inspection of the Property, including inspections that invade the
surface and subsurface of the Property. If Buyer deternvnes, in its sole judgment, that the
Property is not suitable, for any reason, for Buyer's in.tended use or purpose, the Buyer may
terminate this Contract by wxitten notice to the Seller, as soon as reasonably practicable, but in
any event prior to the expiration of the Absolute Review Period, in which case the Earnest
Money will be retu�aed to Buyer, and neither Buyex nor Seller sha11 have any further duties or
obligations hereunder. In the event Buyer elects to ternunate this Con�ract pursuant to the terz�ns
of this Article IV, Section 4.01, Buyer will provide to Seller copies of (i) any and all non-
confidential and non-privileged reports and studies obtained by Buyer during the Absolute
Review Period; and (ii) the Suzvey.
ARTICLE V �
REPRESENTATIONS, WARRANTIES, COVENANTS AND
AGREEMENTS
5.O1.A. Representations and Warranties of Trustee. To induce Buyer to enter into this
Contract and consummate the sale and purchase of the Property in accordance with the terms and
provzsions herewith,� Trustee 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, thafi:
(a) The descriptive information concerniixg Tract 1 set forth in this Contract is complete,
accurate, true and carrect.
(b) There are no adverse or other parties in possession. oi Tract 1 or any part thereof, and no
party has been granted any license, lease or other right related to the use or possession of
Tract 1, or any� par.t thereof, except those described•in. the Leases, .as- d�fned i.�•-A�tiele V,-,
Section 5.02(a).
(c) The Trustee has good and marketable fee simple title to Tract 1, subject only to the
Permitted Exceptions.
Contract of Sale
Page 5 of 54
(d) The Trustee (i) has the full right, power, and authoxity to sell and convey Tract 1 as
provided in this Contract and to carry out Tzustee's obligations hereunder.
(e) The Trustee has not received notice of, and has no other knowledge or information of,
any pending or threaiened judicial or administrative action, ox any action pending or
tk�xeatened by adjacent landowners or other persons against ox a�feciing Tract 1, including
without limitation, Environnaental Claims or claims related to Environmental Cleanup
Liability, as those terms are defined below.
(fj The Trustee has disclosed to Buyer in writing of any and all facts and circumstances
relating to the physical condition of Tract 1 that may materially and adversely affect
Tract 1 and operation or intended operation thereof, or any portion thereof, of which
Trustee has knowledge, In this regard, Trustee discloses to Buyer that there is an oil and
gas lease covering Tract 1 ar�d Tract 2 and %ur (4) wells drilled pursuant thereto,
(g) The Trustee has paid or will pay on or before the Closing Date, all real esta�te and
personal property taxes, assessments, excises, and levies that are presently due, if any,
which are against or are related to Tract 1, or wi.Il be due as of the Closing, and Tract 1
'will be subject to no such liens.
(h) Txustee has not contracted or entered into any agreement with any real estate broker,
agent, finder, or any other party in connection with this txansactioza or taken any action
which would result in any real estate brolcer commissions or finder's fee or other fees
payable to any other party with respect to the tran.sactions contemplated b� this Contract.
(i) To the best of Txustee's knowledge, there has not occurred the disposal or Release of any
Chemical Substance on or -from Tract 1 that could result in any Envi•ronme�tal Claizn or
Environmental Cleanup Liability, as those terms are defined below.
(j) There is no property or xnaterial o� any kind or nature located on Tract 1, other than
utility infrastructure related to utzlity service to Tract 1, owned by any party other than
Trustee.
S.O1.B. Representations and Warranties of SeIler, To induce Buyer to enter into this
Contract and consutrunate the sale..and..purchase. o£.T.ract 2 in,:.acc,or.daiac�:.witb�,.the..terms and
provisions herewith, Glossex represents and warrants to Buyer as of the Effective Date an,d as of
the Closing Date, except where specific reference is made to another date, that:
(a) The descxiptive information concerning Tract 2 set forth in this Contract is complete,
accurate, true and correct.
(b) There are no adve��se or other parties in possession of Tract 2 or any part thereof, and no
party has been granted any license, lease or other right related to the use or possession of
Tract 2, or anq part thereof, except those described in the Leases, as defined in Article V,
Section 5.Q2(a).
Contract of Sale
Page 6 of 50
(c) Glosser has goad and marketable fee simple title to Tract 2, subject only to the Permitted
Exceptions.
(d) Glosser has not received notice of, and has no other kn,owledge or infoxn:zatior� of, any
pending or threatened judicial or administ�ative action, or any action pending ox
threatened by adjacent landowners or other persons against or affectzng Txact 2, including
without limitation, Environmental Claims or claims related to Environmental Cleanup
Liability, as those terms are defined below.
(e) Glosser has disclosed to Buyer in writing of any and a11 facts and circumstances relating
to the physical condition of Tract 2 that may materially and adversely affect Tract 2 and
operation or intended operation thereof, or any portion thereof, of wluch Glosser has
knowledge. In this regard, Glossex discloses to Buyer that there is an oil and gas lease
covering Tract 1 and Tract 2 and £our (4) wells drilled pursuant thereto.
(f� Glosser has paid or will pay on or before the Closing Date, all real estate and personal
property taxes, assessments, excises, and levies that are presently due, if any, which are
against or are related to Tract 2, or �wi�ll be due as of the Closing, and Tract 2 will be
subject to no such liens.
(g) Glosser has not contracted or entered into any agreement with any real estate broker,
agent, iuider, 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 othex party with respect to the transactions contemplafied by this Contract.
(h) To the best of Glosser's knowledge, there has not occurred the disposal or Release of any
Chemical Substance on or from the Property that could resnit in� an�� Env:ironmental
Claim or Environmental Cleanup Liability, as those terms are defined below.
(i) There is no property ox material of any kind or nature located on Tract 2, excepting utility
infrastructure related to utility service to Txact 2, owned by any party other than Glosser,
S.U2 Covenants and Agreements of SeIler. Saller, unless specifically otherwise provided
herein, covenants and agrees with Buyex as follows:
(a) Unless stated otherwise, prior to the Effective Date hereof, or within ten (10) days after
the Effective Date, Seller, at Seller's sole cost and expense, shall deliver to Buyer, with
respect to the Property, or any part thereof, true, correct, and complete copies of the
following;
(i) All lease agreements an.d/or occupancy agreements:�and/or.� li��nses•of any kand or �
natuxe (i£ oral, Seller shall provide to Buyer in wxiting alI material terms thereo�
relating to the possession of the Property, including any and all modifications,
supplements, and amendments thereto (the "Leases").
Contract of Sale
Page 7 of 50
(ii) All environmental audits, soil tests and en.gineering and feasibility reports,
includ'zng any and all modifications, supplennents and amendments thereto, with
respect to iha Property that Seller possesses or has the right to receive.
(iii) All insurance policies covering the Property and/or any improvements located
thereon.
(b) From the Effective Date, unless specifically provided otherwise herein, untzl the date of
Closing or earlier termination of this Contract, Seller, unless specifically provided
otherwise herein, shall:
(i) Not enter into any written or oral contract, Iease, 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 Closzng or
would be binding on Buyer ox the Pxoperty after the date of Closing.
(ii) Advise the Buyer promptly of any litigation, arbitration, or administrative hearing
concerning or affecting the Property.
(iii) Not take, or omit to take, any action that would result in a violation of the
representations, warxanties, covenants, and agreements of Seller.
(iv) Not sell, assign, lease or convey any right, title or intexest whatsoever in or to the
Property, or create, or permit to exist, any lien, encumbrance, ox charge thereon.
(v) Trustee shall maintain insurance coverage covering any an.d all incidents or
occurrences that may relafie� �to � Tract� 1•; in- the •amount��of �the grea�er o� (i) the
amounts provided in Exhibit "B" of the Temporary Lease, as defined below; or
(ii) in the amount maintained as of the date of execution hereof by Trustee.
(vi) Glosser shall maintain insurance coverage covering any and aIl incidents and
occwrences that may relate to Tract 2, in the amou.nt of the greaier of (i) the
amount pxovided in E�ibit "B" to the Temporary Lease, as defined belaw; or (ii)
in the amount maintained as of the date of the execution hereof by Glosser.
{c) Trustee shall indemnify, defend and hold Buyer harmless, to the extent permitted by law,
from all loss, liability, and expense, including, without limitation, reasonable attorneys'
fees, arising or incuxred as a result of any liens or claims resulting from labor or materials
furnished to Tract 1 under any written or oral contracts arising or entered into prior to
Closing.
(d) Glosser shall indemnify, defend and hold Buyer harmless to the extent permitted by law,
from all loss, liability, and expense, including, without limitation, reasonable attorneys'
�ees, arising or incurred as a result of any liens or claims resulting from labor or materials
furnished to Tract 2 under any written or oral contracts arising or entered into prior to
Contract of Sale
Page 8 of 50
Closing.
(e) As used in this Contract:
(i} "Chemical Substance" shall mean any chemical substance or substances that
constitute any sort of pollutants, contaminants, chemicals, raw materials, metals,
zntermediates, products, industrial, solid, toxic or haza�rdous substances, materials,
wastes, asbestos, asbestos-containing materials, polychlarinated biphenyls, or petroleu.tn
products, including crude oil or any derived product or component thereof, including,
without limitation, gasoline and any maierial or substance of any kind co�ztaining any of
the above.
(ii) "Environmental Claim" shall mean any claim, demand, action, suit or proceeding
for the injury, disease or death of any person, property damage, damage to the
environn�ent, or damage to natural resources made, arising or alleged to arise under, or
relating to, any Environmental Law.
(iii) "Environmental Cleanup Liability" shall mean any reasonable and necessary cost
or expense of any nature whatsoever incurred to investigate, contain, remove, remedy,
respond to, rezx�ediate, clean up, or abate any Release of Chexn.ical Substance or other
contamination or pollution of the air, surface water, groundwater, land surface or
subsurface strata, which shall be deemed to include, without limitation, any cost or
expense related to any activity prescribed or required (including those the subject of a
settlement) by any governmental agency or other entity with jurisdiction over such
matters, related to the operatioa, occupation, use, maintenance, abandonment or
ownership of the Property, whether such Release, contannination ox pollution is located
on, within, under or above the Property or is located on, within, under or above any other
lands �r properEy including, but not limited to,•any� Release of Chemical Substances or
othex contamination or pollution arising out of or resulting from the manufacture,
generation, formulation, processing, labeling, distribution, introduction into environment
or commerce, or on site or off site use, treatment, handling, storage, disposal, or
transportation of any Chemi�cal Substazace.
(iv) "Environmental Law" means any statutes or legal requixements relating to or
regulatzng pollution, worker, employee and occupational safety and health, protection or
cleanup. of the environment or damag� tQ.. o� rem�diation..of. damage,.ta..zeal: property and
natural resources (including, but not linnited to azx�bient air, surface water, groundwater,
and land stu�face or subsurface strata) including, without limitation, legal requixements
co:ntained in the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. § 9601, et seq., as amended (CERCLA); the Resources Conservation and
Recovery Act, 42 U.S.C. § 6901, et seq., as amended (RCRA.); the Superfund
Arriendrnents and Reauthorization Act•of� 1�986; �l�t�b� L: 99-49�9; as��atnondEd� (SARA); the
Clean Air Act, 42 U.S.C. § 7401, et seq., as arnended; the Federal Watex Pollution
Control Act, 33 U.S.C, § 1251, et seq,, as am.ended; the Nationai Envirozunental Policy
Act, 42 U.S,C, § 4321, et seq., as amended (NEPA); and the Safe Drinking Water Act, 42
U.S.C. § 300f, et seq., as amended; and/or any other federal, state or local laws, statutes,
Contract of Sale
Page 9 of 50
ordinances, rules, regulations or arders (including decisions of any court or
administrative body) relating to polluiion, worker, employee and occupational safety and
health, damage to and pxotection or cleanup of, the envixonment, real property and/or
natural resources as described above. Environmental Law shall also mean the Toxic
Substance Control Act, 15 U.S.C. § 2601, et seq., as amended (TOSCA), and/or any other
federal, state (including, without limitation, laws with respect to trespass, nuisance and
other torts or similar legal theories which may be applied to establish liability or
responsibility for Environmental Cleanup or Environmental Claims) ox local laws,
statutes, ordinances, rules, regulations or orders (including decisions of any court or
administrative body) xelating to (i) release, containment, removal, remediation, response,
cleanup or abatement of any sort of Chemical Substance, (ii) the manufacture, generation,
formuiation, processing, labeling, distribution, introduction into envixonment or
commerce, use, treatment, handling, storage, disposal or transportation of any Chemical
Sabstance, (iii) exposure of pErsons, including agents, contractors and employees of
Seller, to any Chemical Substance and other occupational sa%ty or health matters, or (iv}
the environmental hazards xelating to the physical structure or condi�ion of a building,
facility, tank, fixture or other structuxe, including, without limitation, those relating to the
man.agement, use, stoxage, disposal, cleanup or removal of any Chemical Substance.
(v) "Release" shall mean any spilling, leaking, pumping, pouxin.g, emitting, spraying,
emptying, discharging, escaping, leaching, dunnping or disposing, in any way, manner or
form, of any Chemical Substance into the environment (including, but not limited to, the
ambient air, surface water, groundwater and/or land surface or subsurface strata) of any
kind whatsoever (including without limitation the abandonment or temporary
abandonment or discarding of bazxels, containers, tanks or other receptacles containing or
previously containing any Ch�mical Substance).
5•.03 Covenants and Agreements of Buyer and SeIler. Buyer and Sel�ler covenant an.d agree
with the other as follows:
(a) At Closing, Buyer shall temporarily lease to Glosser, and Glosser shall temporarily lease
from Buyer, the entirety of the Pxoperty, upon the terms and conditions set forth zn the £orm of
the Temporary Lease (herein so called), as attached hexeto as Exhibit "C",
(b) Seller shall re�naove all of Seller's personal properry ("Seller's Personal Property") and all
waste..and debris from the 1'roperty on or before the Ternunation. Iaate ,(as�., deiined...in the
Temporary Lease) of the Temporary Lease. Any of Seller's Personal Property and any other
property of any kind or nature remaining on the Property after the Termination Date shall be
deemed Abandoned Property, as prescribed by Section E.19. of the Temporary Lease, and may
be disposed of by Buyer in any manner prescribed by the Temporary Lease. Further, Glosser
shall execute and deliver to Buyer a written stipulation and waiver, on or before fihe Te�x�nination
Date, expressly stipula�ng that all of Seller's Personal Property��has-• b�en r�mov�d from�•the
Property and waiving any and all rights Glosser may have in or to such Property.
5.04 Survival Beyond Closing. Notwithstanding anythirzg to the contrary contained in this
Contract, the representations, warranties, covenants and agreements of Seller and the covenants
Contract of Sale
Page 10 of 50
and agreements of Buyer contained in this Contract shall survive the Closing, and shall not, in
azty circunastazace, be merged with the General Warranty Deeds, as described in Article VII,
Section 7.02(a). '
ARTICLE VI
CONDITIONS PRECEDENT TO PERFORMANCE
6.01 Performance of Seller's Obligations. Buyer is not obligated to pexform under this
Contxact unless, within the designated time periods, at Seller's sole cost and expense (except as
herein expressly provided to the contrary), all of the following shall have occurred:
(a) Each Seller has performed, furnished, or caused to be furnished to Buyer all items
required to be so perfornled or fuz�nished under other sections oithis Contract; and
(b) Each Seller cuxes or Buyer waives in writing, within the time periods specified in Article
III, all of Buyex's objections made in accordanca with Article III.
6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer
is not obligated to per£orm under this Contract unless all representations, warranties, covenants
and agreements of �each Seller contained in this Contract are true and correct or have been
performed, as applicable, as of the Closing Date, except where specific refexence is made to
another date,
6.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of
Closing, any portion. o� the Pr.operty has been condemned, or is •the subject of condemnation,
eminent domain, or other material proceeding asserted by any third party, or the Property, or any
part thereof, has been materially or adversely impaired in any manner.
6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers
notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property
is unsuitable to or for Buyer's purposes.
6.05 Buyer's Right to Waive Conditions Precedent. Notwitlistanding anything contained in
this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions
precedent to the perfarmance of Buyer's obligations under this Contract by giving to the Seller,
at any time prior to Closing, a wxitten waiver specifying,the waived condition prec�dent.
6.06 Buyer's Termination if Condiiions Precedent Not Satisfied or Waived. If any of the
conditions precedent to the performance of Buyer's obligations under this Contract have not
been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to
Selier, terminate this Contract. On Buyer's termination, the Earnest Money sha11 ba immediately
returned to Bu,yer...tay:the..,.T.itl�. G.ompany. The Sellex,.:.shall,, on..written..request fror�. Buyer, ...
promptly issue the instructions necessary to instruct the Title Corr�pany to return to Buyer the
Earnest Money and, thereaftex, except as otherwise provided in this Contract, Buyer and Seller�
shall have no fiu ther obligations under this Contract, one to the other.
Contract of Sa1e
Page 11 of 50
.ARTICLE VII
CLOSING
7.01 Date and Place of Closing. The Closing (herein so called) shall take place it� the off'ices
of the Title Company and shall be accomplished through an escrow to be established with the
Titie Company, as escrowee. The Closing Date (herein sometimes called), unless provided
otherwise by Section 9.05, below, shall occur na later than Decemher 28, 2012, or as mutually
agreed upon by Buyer and Seller. Without limiting the general application of Section 9.07,
below, time is of fihe essez�ce with respect to this Section 7.01.
7.02 Items Eo be Delivered at the Closing.
(a) Seller. At the Closing, Seller, unless specifically provided otherwise herein, shall deliver
or cause to be delivered to Buyer or the Title Company, at the expense of the party
designated herein, the following items:
(i) The Title Policy, in the foxm specified in Article ITI, Section 3.05;
(ii) Trustee shall deliver the General Waz7ranty Deed, substantially in the form as
attached hereto as E�ibit "D", subj ect only to the Pernutted Exceptions, z�f any,
duly executed by Trustee azzd acknowledged;
(iii) Glosser shall deliver the General Warranty Deed, substantially in the form as
attached hereto as Exhibit "E", subject only to the Permitted Exceptions, if any,
duly executed by Glosser and acknowledged;
(iv) Glosser shall deliver the Temporary Lease, in the form as attached hereto as
Exhibit "C", duly executed by Glosser and acicnovv�ledged; and �°�
(v) Other itexns xeasonably requested by the Title Company as administrative
requirements for consummating the Closzng.
(b} Bu er. At the Closing, Buyer shall deliver jointly to Seller, unless specifically pxovided
otherwise herein, or the Title Company, the followi�ng items:
-(i) The sum required bq Article II, Section 2.O�y,less: the..Ear.nest..LV�oney and� i�terest
earned thereon, in the fornn of certified or cashier's check or other immediately
available funds;
{ii) The Temporary Lease to Glosser, in the form attached hereto as Exhibit "C", duly
executed by Buyer and acknowledged; and .
(iii) Other items reasonably requested by the Title Company as administrative
requirements for consummating the Closing.
Coniract of Sale
Page 12 of 50
'1.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this
Contract, and without limiting the general application of Section 5.04, above, the provisions oi
this Article VII, Section 7.03 shall suxvive the Closing. The following item shall be adjusted or
prorated between 5eller and Buyer with respect to the Property:
(a) Ad valorem taxes xelating to the Property for the calendar year in which the Closing shall
occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual
amount of ta�ces 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 Property for the preceding calendar year. As soon as the
amount of taxes levied against the Property %r the calendar year in which Closing shall
occur is known, Seller and Buyex shall :readjust in cash the amount of taxes to be paid by
each party with respect to each of Tract 1 and Tract 2, with the result that Seller, each as
applicable, shall pay for those taxes attributable to Tract 1 and Tract 2, as applicable, for
the period o:F tirne prior to the� Clasing Date (including, but not limited to, subsequent
assessments for prior years due to change of land usage or ownership occurring pxior to
Closing) and Buyer shall pay for those taxes attributable to the period of time
commencing with the Closing Daie.
7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing,
subject to the Temporaxy Lease.
7.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in
negotiating, prepaxing, and closing the transaction contemplated by this Contract. Se11er is
respoMSible for paying fees, costs and expenses identified herein as being�the respon.sibiliiy of
Seller. Buyer is responsible for paying fees, costs, 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 Contxact are not identified herein, •such� co•sts°or exp�enses
shall be allocated fifty percent {50%) to Seller and fifty percent (SO%} to Buyer.
ARTICLE VIII
DEFAULTS AND REMEDIES
8.01 Seller's Defaults and Buyer's Remedies.
(a) Seller's Defaults. Seller.is in,default under..this Contract on.th�.QC�ur.��n�e.of an� one or
more of the iallowing events:
{i) Ar�,y of Seller's warranties or representations contained in this Contract are untrue
on the Closing Date; or
(ii) ,A.n�y Seller fails to� meet; comp�y� with or perforin• any�� covez�ar�t; agree�ent,
condition pxecedent or obligation on Seller's part required within tha time limits
and in the manner required in this Coniract; or
(iii) Any Seller fails to deliver at Closing, the items specified in Article VII, Section
Contract of Sale
Page 13 of 50
7.02(a) of this Contract for any xeason other than a default by Buyer.
(b) Buyer's Remedies. If Seller is in default under this Contract, as provided abova, Buyer
at Buyer's sole option, do any one or more of the following:
(i) Terminate this Contract by written notice delivered to Seller in which event the
Buyer shall be entitled to a return of the Earnest Money, and Seller shall,
promptly on written request from Buyer, execute and deliver any documents
necessary to cause the Title Company to return to Buyer the Earnesi Money;
(ii) Enforce specific performance of this Con�ract against Seller, requiring Se11er to
canvey the Property to Buyer subject to no liens, encumbrances, exceptions, and
conditions other than those shown on the Title Commitment whereupon Buyer
shall waive title objections, and be entitlad to assert rights for damages based on
the defaulting Seller's representations, warranties and obligations that are not
expressly wazved by Buyer; an.d
(iii) Seek any other recourse, remedy or relief as may be available ta Buyer at law,
contract, equity or oiherwise, against the Seller, as applicable, defaulting
hexeunder.
8.02 Buyer's Default and Seller's Remedies.
(a) Buyer's Default. Buyer is in default under this Contract if Buyer, for any reason other
than a default by Seller under this Contract or terminatian of this Contract pursuant to the
terms hereof prior to Closing, (i) fails to close the transaction contemplated by this
Contract pursuant to the terms of Section 7.01, above; or (ii) fails to deliver at Closing,
the items specified in Article VII; Section 7:a2(b� of this Cont�act:
(b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and
exclusive remedy for the default, may at Seller's sole option, da either one of the
following:
(i) Terminate this Contract by w;�itten notice delivered to Buyer in which event the
Seller shall be entitled to retain the Earnest Money, and Buyer shall, promptly on
written request:from. S eller,..execute�.and. deli.ver._any. do�u�ments-n�cessary�to., cause
the Title Company to return to Seiler the Earnest Money; or
(ii) Enfoxce specific performance of this Contract against Buyer.
8.03 Return of Earnest Money Deposit. On the occuxrence of any event deemed by Buyer to
be a default by Seller under this� GontraQt; the��Ea�n�st�Mone�, tageth�r �ith t�ie-�interest�•thereon,•
�shall be immediately returned to the Buyer by the Title Company. If the Earnest Money is
properly returnable to Buyer in accoxdance with this Article VYII, Section 8.03, then Seller
shall, promptly on written request fraxn Buyer, execute and deliver any documents necessary to
cause the Title Corxapany to return to Buyer the Earnest Money,
Contract of Sale
Page 14 of 50
ARTICLE IX
MISCELLANEOUS
9.01 Notice. All notices, demands, requests, and ather communications required hereunder
shall be in writing, atzd shall be deemed to be delivered and received, upon. the earlier to occur of
(a) the date provided if provided by teiephonic facsimile, and (b) on 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 %llows;
SELLER:
Wells Far$o Bank, N,A.., Trustee
�n�a Mac�G►v1
�. �. ,3o X o2o��C
SQ,n �olG�o. 7n �c 90 a
Ph . .3�-1�s�-�s 7 � �
Telecopy; $ Iv (o � 505 - y 73 8
Billie Glosser
990 Tom Cole Road
Ponder, Texas 76259
Telecopy:
Copies to:
For Seller:
Harold McAden.
P,O. Box 1186
Bridgeport, Texas 76426
Telecopy: (940) 683-0229
BUYER;
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Danton, Texas 76209
Telecapy: (940) 349-8951
For Buyer:
•� - Riahard- Casn.er; Deputy City Attorney�
City Attorz�ey's Of�'ice
215 E. McKinney
Denton, Texas 76201
Telacopy: (940) 382-7923
9,02 Governing Law and Venue, THIS CONTRACT IS BEING EXECUTED AND
DELNERED AND IS 1NTENDED TO BE PERFORMED IN THE STATE OF TEXAS, THE
LAWS OF TEXAS GOVERNIN.G THE,. VALIDIT.Y,..CQNS,TRUCTION,.,EN�'QR.CEMENT
AND 1NTERPRETATION OF THIS CONTR.ACT. THIS CONTRACT IS PERFORMABLE
1N, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT
HERETO, SHA.LL LIE IN DENTON COUNTY, TEXAS,
9.03 Entirety and Ameudments. This Contract embodies the entire agreement between the
parties and supersedes all prior•.:agr•eern�nt,�•.and•,u�dExstandings�� �if a�ay, relat�d� ta the Pxoperty, �
and may be amen.ded or supplemented only in writing executed by the party against whom
enforceznent is sought.
9.04 Pariies Bound. This Contract is binding upon and inures to the benefit of Seller and
Buyer, and their xespective successors and assigns. If requesied by Buyex, Seller agrees to
Contract of Sale
Page 15 of SO
execute, acicnowledge and record a memorandum of this Contract in the Real Property Records
of Denion County, Texas, imparting notice o�this Contract to the public,
9.05 Risk of Loss. If any damage or desfruction to the Property, including without limitation,
any improvement located on the Land, shall occur prior to Closing or if any third party
condemnation or eminent domain proceedings are threatened or initiated that might result in the
taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following:
(a) Terminate this Contract and withdraw from this transaction without cost, obligation or
liability, in which case the Earnest Money shall be immediately.returned to Buyer; or
(b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be ,
entitled to receive any (i) in the case of damage or destruction, any insurance proceeds,
togethex with the deductible amount under Seller's policy or po]icies; and (ii) in the case
of eminent domain, proceeds paid for the Property related to the eminent domain
proceedings.
Buyer shall have a period of up to ten {10) calendar days after receipt of written notification from
Seller on the final settlement of all condeinnation proceedings or insurance claims related to
damage or destruction to the Property or any part thereo£, in which io make Buyer's eiection. In
the event Buyex elects to close prior to such final settlement, then the Closing shall take place as
provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing all
interests of Seller in and to any and all insuxance proceeds or condemnation awards which may
be payable to Seller on account of such event. In the event Buyer elects to close upon tlus
Contract after fmal settlement, as described above, Closing shall be held five (5) business days
after such final settlement.
9.06� Further Assurances. Tn addition to the��a�ts• and� de�eds•recited{ in this •Contract and
contemplated to be performed, executed andlor delivered by Seller and Buyer, Seller and Buyer
agree to pexform, execute andlor delivex, ox cause to be performed, executed andlor delivered at
the Closing or after the Closing, any further deeds, acts, and assurances as are reasonabl.y
necessary to consummate the transactions contemplated hereby. Notwithsta�ding anything to the
contrary contained in this Contract, and without limiting the general nature of Section 5,04,
above, the proviszons of this Article IX, Section 9.06 shall survive Closing. �
9.07 Time is of ihe Essence, It is e�cpressly.ag�eed�•.betw�en•Buyer and.S�ller•�that.time�is of
the essence with respect to this Contract.
9.08 Exhibits. The Exhibits whzch are xeferenced in, and attached to this Contract, are
incorporated in and made a part of, this Contract for all purposes.
9.09 Delegation of Authority. Authority to take-�any�actions�t�at a.�e��to�b�; a�r�rr�aq�be; tal�en
by Buyer undex tkus Contract are hereby delegated by Buyer, pursuant io action by the City
Council of Denton, Texas, to the Director of Aviation, or his designee.
Contract of Sale
Page 16 of 50
9,1.0 Trast Agreement, Trustee shall, on or before fifteen (15) days after the Effective Date,
(i) deliver to City a true, correct and complete copy of the trust agreexneni ot'the trust identifying
the "true owner" of Tract 1; and (ii) identify the "#rue owner" of Tract 1 to Buyer, all in
accordance with Section 2252,092 of the Texas Government Code.
9.11. Expiration of Offer. The execution of this Contract by Seller constituies, subject to the
ternns hereo% an irrevocable offer to sell the Property to Buyer. Unless by 5:00 p.m, on October
3, 2012, this Contract is accepted by Buyer by action o� the City Council of Buyer tha offer of
this Contract shall be automatically revoked and ter�ninated.
SELLER;
WELLS FARGO BANK, N.A., TRUSTEE
By: ��.� �/.'.i�f�i.�
Name: L�.-,�
Title: ��6'c�ionc� %s/� �iu'd/7�-,-.�
.�
BILLIE GLOSSER
Executed b Seller on the �� da of V�Lr 2012.
Y Y
BUYER; • �� �
�
By:
GEORGE C. CAMPBELL, CITY MANAGER
Executed by Buyer on the ��—� day af �('� � _2012,
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
�
BY. �
Contract of Sale
Page 17 of SO
APPROVED AS TO LEGAL FORM:
` ANITA BURGESS, CITY ATTORNEY
BY:
Canh'act of Sale
Page 18 of 50
REC�IPT OF AGREEMENT BY TITLE CONII'ANY
By its execui�on below, Ti#1e Company aclmowiedges receipt of an executed copy of tlus
Contxact. Title Company agrees to comply with, and be boua�d by, #he tezms and provisions of
this Contract to perforna its du�aes pursuant to tb;e provisions of this Contract and comply with
Sec�ion 5045{e} of fihe Tnternal �t.evenue Code of 1986, as amended from time to time, and as
further set forth in any regulations or forms pramulgated tlaezeimder. ,'
TITLE COMPANX;
Title Resources
1112 Da�las Drive, Suite 402
Denton, Texas 7b20S -
:'�/� � _...� � � � �
� � �. ..� � . ,/ /
Title:
Can1x
Contract of Sale
Page 19 of 50
EXHIBIT "A"
to
Contract of Sale
Legal Description
of Tract 1
FYELD NOTE DESCRIPTION FOR TRACT I:
BEING a 141.65 acre tract of land situated in the D. Davis Survey, Abstract No. 356, in Den.ton
Caunty, Texas, and being a part of that certain tract of land described by deed to First Interstate
Bank of Fort Worth, N.A., Trustee, as recorded in Volume 2771, Page 452, of the Real Property
Records of Denton County, Texas (R,P.R.D,C.T,), and being more �articularly descxibed as
follows:
BEGINNING at a"PK" nail set in asphalt for the southeast corner of the hexein described tract,
same being in the east line of said First Interstate Bank of Fort Worth tract, same being the
northeast corner of a tract of land described by deed to Henry L. Evans, Jr. , as recorded in
Volume 4388, Page 22 , R,P,R.D.C.T. , same being zn the west line of a tract of land described
by deed to the City oi Denton, as recorded in Volume 305, Page 216, of the Deed Records of
Denton County, Texas, sarne being by call in the east line of said Davis Survey and the west line
of the W. Smith Survey, Abstract No. 188, same being within a north-south road commonly
known as "Tom Cole Road", same from which a capped %z inch iron rod found for the southeast
cornex of saxd First Interstate Bank of Fort Worth tract bears � South QO degrees 07 minutes 1$
seconds East, a distance of 300.02 feet;
THENCE South 89 degrees 13 rninutes 45 seconds West, with the north lin.e of said Evans tract,
a distance o� 783,10 feet to a%z iron rood found %r the northeast corner of a tract of land
described by deed to University Of North Texas System, as recorded� im Document No. 2005-
115038, R.P.R.D.C.T.;
THENCE South 88 degrees 54 minutes 28 seconds West, with the north line of said University
Of North Texas System tract, passing en route the northeast corner of a tract of land described by
deed to University Of North Texas System, as recorded in Document No. 2006-155067,
R.P.R.D.C.T., continuing on said course, passing the easternmost northeast corner of a tract of
land described by deed to Charles Turner and wife, Clarice Turnex, as recorded in Document No,
2Q06-121678, R.P.R,D,C.T., continuing�on�said course passing a�a.distance of 1624,54..feet a%2
inch iron rod with yellow cap stamped "ARTHtJR SURVEYING COMPANY" set on line,
continuing on said course fbr a total distance of 16'14.54 feet to a point within Hickory Creelc,
same being an inner-ell corner of said Turner tract;
THENCE with the east line of said Turner tract and genexally along or near the center of said
Hickory Cree�C, the following three• (3)� courses and distances:
1) North 27 degrees 38 minutes 20 seconds Eas#, a distance of 122.�47 feet;
2) North 1 J. degrees 33 minutes 33 seconds East, a distance of 169.39 feet;
Contract of Sale
Page 20 of 50
3) North 45 degrees 22 minutes 33 seconds East, a distance of 108.00 feet %r the northexzunost
noriheast corner of said Turner tract;
THENCE North 89 degrees 41 minutes 27 seconds West, with the north line of said Turnex
tract, passing at a distance of 150.00 feet a%z inch iron rod with yellow cap stamped "ARTHUR
SURVEYING COMPANY" set on line, continuing on said course for a total distanca of 438.60
feet to a%z inch iron square bar found fox cornex in the east line of a tract of lan.d described by
deed to University Of North Texas, as recorded under County Clerk's File No. 96-R00097'10,
R,P.R.D.C.T.;
THENCE North 00 degrees 13 minutes 45 seconds East, with the east line of said University Of
North Texas {C.C.F.# 96-R0009770), a distance of 1325.68 feet to a fence corner post found for
a salient corner thereof;
THENCE North 02 degrees 06 minutes 51 seconds West, continuing wiih the east line of said
University Of North Texas (C.C.F.# 96-R0009770), a distance of 728.27 feet to a 10 inch steel
fence coxner post %und for the northeast corner thereof, same being the northeast corner of a
tract of land descxibed by deed to Joe Don Womack, as recorded under County Clerk's File No.
93-R0026909, R.P.R.D.C.T., same being in tlxe south line of a tract of land described by deed to
Nucon Steel Commercial Corporatian, a Texas Corporation, as recoxded in Volume 5255, Page
574d, R.P.R.D.C.T,, sanae being by call in the north line of said Davis Suxvey and the common
south corner of the A. Mays Survey, Abstract No. 844 and the W. Davis Survey, Abstract No.
377; .
THENCE North 89 degrees 09 minutes 16 seconds East, with the south line of said Nucon Steel
Commercial Corporation tract, a distance of 855.17 feet to a 1/z inch iron rod found for the
noxthwest corner of a tract of l�and described by deed� to��Biilie��Gregory, as recorded in Volume
2771, Page 448, R.P.R,D,C,T,;
THENCE departing the south line of said Nucon Steel Commercial Corporation tract and
traversing over and across said First Interstate Bank of Fort Worih txact and with the. westerly
and southerly and easterly boundary lines of said Gregory tract, the following six (6) courses and
distances:
1) South 00 degrees 51 z�ninutes.,1.9.. seconds.:East,..a..distance:.of1..98...4A� fe��,to,.a.1/2.i�ch iron rod
found for corner;
2) South 40 degrees 32 minutes 26 seconds East, a distance of 165.54 feet to a'/z inch iron rod
found for corner;
3) North 89 degrees 08 min.ut�s ��•d seeonds�•East� a� distan�e� of 46�9.60 •%et�-to- a� %Z��ineh�-i�ron rod
found for corner;
Contract of Sale
Page 21 of 50
4) North 52 degrees 02 minutes 54 seconds East, a distance of 206.38 feet to a%2 inch iron rod
with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner;
5) North 66 degrees 38 zx�inutes 52 seconds East, a distance of 395.77 feet to a%2 inch iron rod
found for corner;
6) North 00 degrees 54 rz�.inutes 20 seconds West, a distance of 49.66 feet to a%Z inch iron rod
found for corner in the south line of said Nucon Steel Commercial Corporataon tract;
THENCE North; 89 degrees 09 minutes 16 seconds East, with ihe south line of said Nucon Steel
Coxnmercial Corporation tract, a distance of 784.31 feet to a%nce corner post found for the
southeast corner of said Nucon Steel Commercial Corporation tract, same being in the west line
of a tract oi land granted to the City of Denton, as described and recorded in Volume 1675, Page
546, R.P.R.D.C.T., and being within said Tom Cole Road;
THENCE South 00 degrees 07 minutes 18 seconds East, with the west line of said City of
Denton tract (Vol, 1675, Pg. 546), passing en route the northwest corner of said City o:F Denton
tract (Vol. 305, Pg. 216), continuang on said course for a total distance of 2404.19 feet to the
POINT OF BEGINNING and containing a total of 141.b5 acres ai land, more or less, and
being. subject to any and all easements that maq affect.
Contract of Sale
Page 22 of 50
EXHIBIT "B"
to
Contract of Salc
Legal Description
of
Tract 2
FIELD NOTE DESCRIPTION FOR TRACT II:
BEING a 6.20 acre tract of land situated in the D, Davis Survey, Absiract No. 356, 'vn Denton
County, Texas, and being a part of that certain iract of land described by deed to First Interstate
Bank of �'ort Worth, N.A., Trustee, as recQrded in Volutne 2771, Page 452, of the Real Property
Records of Denton Cotulty, Texas (R.P.R.D.C.T.), and being all of that certain tract of land
described by deed to Billie Gregoty, as recorded in Volum.e 2771, Page 448, R.P.R.D.C,T., and
being n:�ore particularly described as follows:
BEGINNING at a%Z inch iron rod found for the northeast corner of the herein described tract,
same being in the south line of a tract o£ land described by deed to Nucon Steel Commercial
Corporation, a Texas Corpoxation, as recorded in Volume 5255, Page 5740, R.P.R.D.C.T., same
being in the north line of said First Interstate Bank of Fort Worth tract, same being the northeast
corner of said Gregory tract, same being by call in the north line of said Davis Survey and the
south line of the W. Davis Survey, Abstract No. 377, same from which a fence corner post found
for the eastern common corners of said Nucon Steel Commercial Corporation tract and First
Interstate Bank of Fort Worth tract bears North 89 degrees 09 zninutes 16 seconds East, a
distance of 784.31 feet;
THENCE departing the south lzn.e of said Nucon Steel Commercial Corporation tract and
traversing over and across said First Interstate Bank of •Fort � Worth tract, the. following six (6)
courses and distances:
1) South 00 degxees 54 minutes 20 seconds East, a distance of 49.66 feet to a%Z inch iron rod
found for corner;
2) South 66 degrees 38 minutes 52 seconds West, a distance of 395.77 feet to a%Z inch iron rod
with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner;
3) South 52 degrees 02 minutes 54 seconds West, a distance of 206.38 feet to a%2 inch iron rod
found for corner;
4) South 89 degrees 08 minutes 10 seconds West, a distance of 469.60 feet to a'/z inch iron rod
found for corner;
5) North 40 degrees 32 minutes 26 seconds West, a distance of 165.54 feet to a%z inch ixon xod
found fox corner;
6} North 00 degreas 51 minutes 19 seconds West, a distance of 198.44 feet to a 1/z inch iron rod
found for corner in the south line of said Nucon Steel Comznercial Corporation tract, same from
Contract of Sale
Page 23 of 50
which a 10 inch steel fence corner post fourzd for the northwest corner of said First Interstate
Bank of Fort Worth tract bears South 89 degrees 09 minutes 16 seconds West, a distance of
855.17 feet;
THENCE North 89 degrees 09 minutes 16 seconds East, with the south line oi said Nucon Steel
Commercial Corporation tract, a distance of 1105.53 �feet to the POINT OF BEGINNING and
containing a total of 6.200 acres of land, more or less, and being subject to any and all easements
that may affect.
Contract of 3ale
Page 24 of 50
EXHIBIT "C"
to
Contract of Sale
Temporary Lease
Basic Terms
Effective Date: [insert Date of Closing].
Landlord: City of Denton, Texas
Landlord's Address: 215.E. McKinney, Denton, Texas 76201.
Tenant: Billie Glosser, formerly known as Billie Gregory, pursuant to that certain Order
Granting Change of Name of Adult, dated November 5, 1998, Cause No. 98-30693-211, 211rh
Judicial District Court of Denton County, Texas.
Tenant's Address: 990 Tom Cole Road, Ponder, Texas 76259
Premises — As descxibed on Exhibit "A", attached hereto.
Tezm: Through and including [insert 90 days after date of Closing].
Commencement Date; Tkze Effective Date.
Terminatzon Date: (i) [insert 90 day.r after date of Closing]; (ii) eaxlier termination of tlus Lease,
as provided herein; ox (iii) surrender of the Premises by Tenant to L'andl�oxd; whichever is the
earlier to occur.
Rent; Mutual covenants and obligations herein and the consideration of an expedited ciosing
date related to the sale of the Premises by Tenant to Landlord.
Pernutted Use: Current equine related uses.
Tenant's Tnsuranee: As•r•equired by Insurance�Addenc�tzm; attached t�areto�•as•E��ibit•`fB�".
Landlord's Insuxance: None.
TENANT'S REBUILDING OBLIGATTONS: IF THE PREMISES, OR ANY PART
THEREOF, ARE DAMAGED BY FIRE OR OTHER ELEMENTS TO THE EXTENT
THE PERMITTED � U�E MAY' NOT CONfi�I'd'UE° AB'SEl`dT' �REPAI'R; iTn1L' `E�S' THE
PREM�SES IS REPAIRED BY TENANT AS PROVIDED IN SECTION A.7., BELOW,
THIS LEASE SHALL TERMINATE.
Conh�act of Sale
Page 25 of 50
Definitions
"Chemical Substance" shall mean any chemical substance or substances that constitute
any sort of pollutants, contaminants, chem.icals, raw nnaterials, metals, intermediates,
products, industrial, solid, toxic or hazardous substances, materials, wastes, asbestos,
asbestos-containing materials, polychlorinated biphenyls, or petroleum products,
including crude oil or any derived product or component thexeof, including, without
limitation, gasoline and any material or substance of any lcind containing any o£ the
above.
"Environmental Claim" shall mean any claim, demand, action, suit or pxoceeding for the
inju.ry, disease or death of any person, property damage, damage to the environment, ox
damage to natural xesources made, arising or alleged to arise under, or relating to, any
Enviranmental Law.
"Environmental Cleanup Liability" shall mean any reasonable and necessary cost or
expense of any natUre whatsoever incurred to investigate, contain, remove, rennedy,
respond to, clean up, or abate any Release of Chemical Substance or other contamination
or pollution of the air, surface water, groundwater, land surface or subsurface strata,
which shall be deemed to include, without limitation, any cost or expense xelated to any
activity prescribed or required (including without limitation, those the subject of a
settlement) by any governtnental agency or other entiiy with jurisdiction over such
matters, related to the operation, occupation, use, xrza.intenance, abandonment ox
ownership of the Premises, whether such Release, contamination or pollution is located
on, within, under or above the Prennises or is iocated on, within, under or above any other
lands or property including, but not limited to, any Release of Chexx�ical Substances or
other contamination or pollution arising out of or resulting from the •manuiacture,
generation, formulation, processing, labeliz�g, distribution, introduction into environment
or commerce, or on site or off site use, treatment, handling, stoxage, disposal, or
t�ansportation of any Chenraical Substance.
"Environmental Law" means any statutes or legal requirements relating to or regulating
pollution, worker, employee and occupational safety and health, pxotection or cleanup oi
fhe environment or dannage to or remediation of damage to real property and natural
resources (including, but not limited to, ambient aix, surface water, groundwatex,. and.land
surface or subsurface strata} including, without limitation, legal requiren:ients contained
in the Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S,C. § 9601, et seq., as amended (CERCLA); the Resources Consezvation and
Recovery Act, 42 U.S.C. § 6901, et seq., as amended (RCRA.); the Superfuxzd
Amendments and Reaut�.orization Act of 1986, Pub. L. 99-499, as amended (SARA); the
Clean Air Act, 42 U.S.C. § 7401, et seq., as,� az�ended; the FederaZ�� Wat@r•� Po�llution
Control Act, 33 U.S.C. § 1251, et seq., as amended; the National Environmental Policy
Act, 42 U.S.C. § 4321, et seq., as amended (NEPA); aud the Safe Drinking Water Act, 42
U.S.C. § 300f, et seq., as amended; and/or any other federal, state or local laws, statutes,
ordinances, rules, regulations or orders (including decisions of any court or
Coniract of Sale
Page 2b of 50
administrative body) relating to pollution, worker, employee and occupational safety and
health, damage to and protection or cleanup of, the enviro:nment, real property andlor
natural resources as described above. Environmental Law shall also mean the Toxic
Substance Con.trol Act, 15 U.S.C. § 2601, et seq., as amended (TOSCA), and/or any other
federal, state (includin.g, vvithout limitation, laws with respect to trespass, nuisance and
other torts or similar legal theoxies wluch may be applied to establish liability or
responsibility for Environmental Cleanup or Environmenial Claims) or local laws,
statutes, ordinances, rules, xegulations or orders (including decisions of any court or
administrative body) relating to (i) release, containment, removal, rem.ediation, response,
clean.up or abatement of any sort of Chemical Substance, (ii) the manufactuxe, genexation.,
formulation, processing, labeling, distribution, introduction into environment or
commerce, use, treatment, handling, storage, disposal or tran.sportation of any Chemical
Substance, (iii) exposure of person.s, including agents, contractors az�d employees of
Tenant, to any Chemical Substance and other occupatianal safety or health matters, or
(iv) the environmental hazards relating to the physical structure or condition of a
building, facility, tank, f xture or other structure, including, without limitation, those
relating to the naanagemeni, use, storage, disposal, cleanup or removal of any Chemical
Substance.
"Landlord" means Landlord and its elected officials, agents, employees, invitees,
licensees, or visitors.
"Release" shall mean any spilling, leaking, pumping, pouring, emitting, sp:raying,
emptying, dischargin.g, escaping, leaching, dumping or disposin�g, in any way, manner or
form, of any Chemical Substance into the environment (includin�g; bt�t aot limited to, the
ambient air, surface water, groundwater and/or land surface ox subsurface strata) of any
kind whatsoever (including without limitation the aban.doziment or temporary
abandonment or discarding of barrels;°containers, tanks or other receptacles�containing or
previously containing any Chemical5ubstance),
"Tenant" means Tenant and its agents, contractors, employees, invitees, licensees, or
visitors.
Clauses and Covenants
A. Tenant agre.es �o:
1. Lease the Premises for the entire Term beginning on the Commencem.ent
Date and ending on the earlier to occur of (i) Termination Date; or (ii) upon surrender of
the Premises by Tenazat to Landlord prior to the Termination Date.
2. ACCEP..T..TL�..PRE1VIi�ES,IN.THEIIt.P�SE1�I'T. CQN,LIITZQN "A�S:
�S," "'WHERE IS" AND ��VVZTH ALL FAULTS". TENANT STIPULATES T�T
IT HAS THOROUGHL'Y INSPECTED THE PREMISES AND FINDS THAT THE
PREMISES IS CURRENTLY SUITABLE FOR THE PERMITTED USE.
LANDLORD MAKES NO REPRESENTATION, COVENANTS OR
WARRANTYES, EXPRESSED, IMPLIED OR OF ANY KIND OR NATURE
Contract of Sale
Page 27 of 50
C�NCERNING OR WITH RESPECT TO THE PR�MISES, INCLUDING
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
QUALITY, HABITABILITY, SUITABILITY, OR FITI�ESS FOR PARTICULAR
PURPOSE OR USE. TENANT STIPULATES TO LANDLORD THAT IT HAS
PREVIOUSLY OCCUPIED THE PREMISES FOR THE LAST 20 YEARS AND IS
AWARE OF THE CONDITION OF THE PROPERTY. TENANT REPRESENTS
AND WARRANTS TO LANDLORD THAT (1) THE PREMYSES �S FREE FROM
ANY CONDTTION WHICH WOULD MATERIALLY AFFECT THE PHYSICAL
HE.ALTH OR SAFETY OF AN ORDINARY TENANT; AND (2) THERE ARE NO
CHEMICAL SUBSTANCES CONTAINED OR STORED OR THA,T HAVE BEEN
RELEASED IN OR ON THE PREMISES THAT WOULD RESULT IN AN
ENVIRONMENTAL CLAIM UR ENVIRONMENTAL CLEANUP LIABILITY.
3. Obey (a) all applicable laws reiating to ihe use, condition, and occupancy
of the Premises, and (b) any requirements imposed by utility companies serving or
insurance companies covering the Premises.
4, Obtain and pay for all utility services used hy Tenant.
5. Pay alI costs related to the utilitzes, of any kind or nature, related to the
Premises.
6. Allow Landlord to enter the Premises to perform Landlord's obligations, if
any, and inspect the Pxemises.
7. MAINTAIN THE PREMISES IN A GOOD STATE OF
CONDITION, NORMAL WEAR AND TEAR EXCEPTED.
NOTWITHSTANDING THE OBLI�A'PION �TO•�MA:INT:�IN THE P1�EMISES,� IF
SO DESIRED BY TENANT, TENANT MAY REPAIR AND REPLACE ANY AND
ALL PARTS OF THE PREMISES DAMAGED DURING THE TERM HEREOF,
IN ITS ENTIRETY. IN THE EVENT TENANT DOES NOT DESIRE TO REPAIR
OR REPLACE THE PREMISES, TT SHALL BE UNDER NO OBLIGATION TO
DO SO BUT SHALL IMMEDTATELY SURRENDER THE PREMISES AND
REMIT ANY PROCEEDS OR MONIES ATTRIBUTABLE TO DAMAGE OR
LOSS OF THE BUILDINGS, STRUCTURES, IMPROVEMENTS AND OTHER
FACILITI.ES . THAT.-E1:RE. .F'cI,i�L�.URE�. .'L'O.. .Z'•HE... P.�QPERT.;S�, .._RE.C�V�D .BY
TENANT FROM TNSURANCE COVERAGE REQUIRED HEREIN TO
LANDLORD UPON SUCH ELECTION. TENANT HEREBY EXPRESSLY
STIPULATES THAT LANDLORD IS NOT OBLIGATED TO REPAIR,
REPLACE, OR MAINTAIN, ANY PART OR PARCEL OF THE PREMISES,
INCLUD�NG WITHOUT LIMITATION, ROOF SYSTEMS, HVAC SYSTEMS,
WALL �SYSTEM�;� FOUNDATION�S; �W�N-DO•��IS�� �.A.1�D-�DO��R���•A1�D� DA�MAGE
TO WASTEWATER STOPPAGES CAUSED BY FOREIGN OR IMPROPER
OBJECTS IN LINES THAT EXCLUSIVELY SERVE THE DWELLING ON THE
PREMISES, DAMAGE TO DO�RS, WINDOWS OR SCREENS AND DAMAGE
FROM WINDOWS OR DOORS LEFT OPEN. IT YS EXPRESSLY STIPULATED
Confract of Sale
Page 28 of 50
BY TENANT THAT Q) THIS AGREEMENT TO REPAIR, IF SAID RIGHT IS
EXERCYSED BY TENANT, IS MADE KNOWINGLY AND VOLUNTARILY�
AND (II) THIS AGREEMENT IS MADE FOR GOOD AND VALUABLE
CONSIDERATION, THAT BEING THE RENT FREE NATURE OF THIS LEASE
AND THE PROMISES AND COVENANTS CONTAINED HEREUNDER; .AND
Rri� r,ANDLORD, BASED UPON REPRESENTATIONS AND WARRANTIES
MADE HEREIN BY TENANT, HAS NO REASON TO BELIEVE THA,T ANY
CONDITION WHICH WOULD MATERTALLY AFFECT THE PHYSICAL
HEALTH OR SAFETY OF AN ORDINARY TENANT EXISTS RELATED TO
THE PREMISES.
8. Vacate, in its entirety, the Premises on or before the Termination Date.
Tenant shall remove all personal property (collectively, "Tenant's Personal Property")
owned by it and all waste and debris fxoxn. the Premises on ox before the Termination
Date or earlier termination of this Temporary Lease, whichever is earlier to occur, and
shall execute a written stipulation and acknowledgement on such date (i) expressly
stipulating that all such property of Tenant has been removed from the Premises; and (ii)
waiving any and all rights the Tenant may have to the Premises and suck� properiy.
9. INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS
FROM ANY DAMAGE �R INJURY (AND ANY RESULTING OR RELATED
CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, 1NCLUDING
ATTORNEY'S FEES AND OTHER �'EES AND COURT AND OTHER COSTS)
CAUSED BY OR RELATED TO TENANT'S OCCUPANCY OF THE PREMISES,
TENANT'S DEFAULT UNDER THIS LEASE AND/OR OTHERWISE OCCURRING
IN OR RELATED TO ANY PORTION OF THE PREMISES,
9:A. THE°�INDEMNITIES CONTAINED� IN PARA�R�PH �9� :ARE °(A)
INDEPENDENT OF TENANT'S INSURANCE, (B) WILL NOT BE LIMITED BY
COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER
TH� WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT
ACTS, (C) WILL SUR.VIVE THE END OF THE TERM, AND (D) W�LL APPLY
EVEN IF AN INJURY OR DAMAGE TS CAUSED IN WHOLE OR IN PART BY
THE NEGLIGENCE, BUT SHALL NOT .APPLY IN THE CASE OF TIiE SOLE
OR GROSS NEGLIGENCE, OF LANDLORD.
10. During the term of this Lease, Tenant will not locate, store or dispose in or
on, or release or discharge from the Pxeznises, any Chemical Substances that could result
in an Environmental Claim or Environmental Cleanup Liability.
11. Tenant sha11, at no cost or expense to Landloxd, take alI actions necessary
to complywi�th�all�Errvi�raru��nta1•Laws�affecting�the�Premises.a� ,� �
12. Any of Tenant's Personal Property remaining on the Premises aftex the
Termination Date shall be deemed Abat�doned Property, as prescribed by Section E.19.,
Contract of Sale
Page 29 of 50
below, and may be disposed of by Landlord in any manner prescribed by Section E.19,,
below.
B. Tenant agrees noi to:
1, Use the Premises for any purpose other than the Permitted Use,
2. Create a nuisance.
3. Pernut any waste.
4. Use the Premises in any way that would increase insurance premiums or
void insurance on the Premises.
5. Change the lock system of the Premises.
6. Alter the Premises.
7. Allow a lien to be placed on the Prer�aises.
8. Assign this Lease or sublease any portion of the Premises.
C. Landlord agrees to:
1. Lease to Tenant the Premises for the entire Term beginning on the
Commencement Date and ending on the earlier to occur of (i) Termination Date; or (ii)
upon surrender of the Premises by Tenant to Landlord prior to the Termination Date.
D. Landlord agrees not to:
1. Interfere with Tenant's possession of the Premises as long as Tenant is not
in default hereunder.
E. Landlord and Tenant agree to the following:
1. Alterations, Any physical additions, imprauements.. ox. alterations ta.� the
Premises made by Tenant must be consented to by Landlord, in its sole and absolute
discxetzon.
2. 1'nsurance. Tenant will maintain the insurance coverages desczibed in the
attached Insurance Addendum during the Term of this Lease.
3. Release of Claims/Subrogation, TENANT RELEASE� LANDLORD
FROM ANY AND ALL CLATMS �R LIABILITIES FOR DAMAGE TO THE
PREMISES, DAMAGE TO OR LOSS OF PERSONAL PROPERTY WITHIN THE
PREMISES, AND LOSS 4F BUSINESS OR REVENUES INCTDENT TO, ARISING
Contract of Sale
Page 30 of 50
FR�M OR RELATED TO TENANT'S OCCUPATION OF THE PREMISES. THE
RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR
LOSS IS CAUSED YN WHOLE OR IN PART BY THE NEGLTGENCE, OF ANY
KIND, TYPE OR DEGREE, OR STRICT LIA,BILITY OF THE LANDLORD BUT
WILL NOT APPLY TO THE �XTENT THE DAMAGE OR LOSS IS CAUSED
BY THE WILLFUL MXSCONDUCT OF THE LANDLORD.
4. Casualty/Total or Partial Destruction. I;f the Premises are damaged by
casualty to the extent the Permitted Use may not continue absent repair, unless the
Premises is repaired by Tenant as provided in Section A.7., above, this Lease will
terminate without liability of any kind io Landlord.
5. Condemnatior�/Substantial or Partial Taking
a. If the Premises cannot be used for the purposes contemplated by
this Lease because of condemnation or purchase in Iieu of
condez�a�ation by a third party, this Lease will terminate.
b. Tenant will have no claim to the condemnation award or proceeds
in lieu of condemnation.
6. Default by Landlord/Events. Defaz,ilts by Landlord are failing to comply
with any provision of this Lease within thirty (30) calendar days aftar written notice.
7. Default by Landlo�d/Tenant's Remedies. Tenant's remedies for Landlord's
default axe solely to eiiher (i) enforce the terms of this Lease by specific performance; ox
(ii) terminate this Lease. THE REMEDZES OF TENANT AS SET FORTH HEREIN
ARE SOLE AND EXCLU�I�� AND TENANT WAIVES ��NY OTI��R RIGHT OR
REMEDY THAT MIGHT BE AVAILABLE,
8. Default by Tenant/Events. Defaults by Tenant are (a) Tenant abandoning
or vacating a substantial portion of the Premises without surrendering the Premises to
Landlord, (b) Tenant failing to comply, within five (5) calex�dar days after written notice,
with any provision of tlus Lease other than the default set forth in (a) above, which shall
require na notice of default to Tenant; and (c} any of Tenant's representations or
warxanties �contained i.n,this,..�,ease..ar.e..untxue. at.at�y. time dur�ing•th�•:Texm..
9. Default by Tenant/Landlord's Renaedies, Landlord's remedies for Tenant's
default are to (a) enter and take possession of the Premises, after which Landlord may
reiet the Premises on behalf of Tenant and receive the rent directly by reason of the
reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to
relet; (b) enter the Premisas and� p�rfornn Tenant's �obli�ations; and� �(c)� tertninate��tl�is
Lease by written notice and sue for damages. Landlord may enter and take possession o:f
the Premises pursuant to the exercise of any right or remedy, without prejudice to any
other right ox reznedy, available to it by law, contract, equity or otherwise.
Conixact of Sale
Page 31 of 50
10. Default/WaiveY/Mitigation, It is not a waiver of default if the non-
defaulting party fails to declare immediately a default or delays in taking any action.
Except as to the sole and exclusive remedies of Tenant, pursuit of any remedies set forth
in this Lease does not preclude pursuit of other remedies in this Lease or provided by
applicable law.
11. Holdover. If Tenant does not vacate the Premises following terminatian of
this Lease, Tenant will become a tenant at suffexance. No holding over by Tenant,
whether with or without the consent of Landlord, will extend the Term. Tenant stipulates
that its possession of the Premises after the expiration of the Term, as a tenani of
sufferance, will cause damage to Landlord in excess of fair market value of rent resulting,
in part, due to delays to implement Landlord's intended purposes.
12, Extent Pernaitted Law and 1'inmunity. In the event that any provision
hereo% or partion thereof and/or any right of Landlord provided in this Lease is now, or
shall be deemed in the future, to be unen£arceable or otherwise unlawful, such shall not
affect the validity hereof, but this Lease shall be deemed to have never included such
provision, portion of provision or right. Notwithstanding the foregoing, nothing
contained in this Lease shall be con.strued as a waiver by Landlord of any immunities of
any kind, including without limitation, immunity from suit and immunity from liability.
13. Attorney's Fees, If Landlard retains an attorney to enforce this Lease,
Landlord is entitled to recover reasonable attorney's fees and other fees and court and
other costs.
14. Yenue. EXCLUSIVE VENUE FOR ANY ACTION HERELTNDER IS IN
DENTON COUNTY, TEXA.S, THE COUNTY IN WHICH THE PREMISES ARE
LOCATED, � '
1.5. Entire Agreement. This Lease, together with the attached exhibits,
comprises the entire agreement of the parties, and there are no oral representations,
warranties, agreements, or promises pertai�n.ing to this Lease or occupation of the
Premises.
16. Amendment of Lease. Tlus Lease may be amended ozil.y by an instrument
in writing, duly authorized and signed..,by:. Landlord. and. Tenar�t..� ...Na�uithstanding
anything to the contrary herein, the authority to amend this Lease by Landlord zs not
delegated by the City Council of Landlord,
17. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES
OF MERCITANTABILITY, QUALITY, SUITABILITY, HABITABILITY, FTTNESS
FOR A RARTICULAR PURPOSE, OR OF� AN�� OT�I�R� �KIND�� AR�SING OUT OF
THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND
THOSE EXPRESSLY STATED IN THIS LEASE.
18. Notices. Any notice given by one party to the other in connection with this Lease
shall be in writing and shall be sent by certified mail, retur� receipt requested, with postage fees
Contract of Sale
Page 32 of 50
prepaid, or via facsimite as fallows:
A. If to Landlord, addressed td;
City Manager
21 S E. McKinney
Denton, Texas 76201
Fax No. 940.349.8596
w/copy to:
Paul Williamson
Real Estate Manager
901 A Texas Street
Denton, Texas 76209
Fax No. 940,349.8951
B. If to Tenant, addressed to;
Billie Glossex
990 Tom Cole Road
Ponder, Texas 76259
F� No.
Notice shall be deemed delivered and received for all purposes when placed in the United
States mail, as set forth herein, or when delivered by telephonic facsimile to the other party at the
facsimile number(s) provided above,
19, Abandaned Property. Landlord may retain, destroy, or dispose of any
property, of any lci�nd or type, inEluding witho.ut .limitation, Tenant's Personal•Pr.operty,
left or remaining on the Premises after the Termination Date ("Abandoned Properry")
without liability of any kind to Landlord and without payment of consideration of any
kind to Texzant. In the event Landlord shall elect to store said Abandoned Praperty,
Laz�dlard may store such Abandoned Property in the name and at the expense of Tenant.
20, No Broker. Tenant represents and warrants to Landlord that it has not
contracted with or otherwise retained any broker or any other third party related to this
Lease to whom any commission or other fee znay be payable,
21. Delegation of Autlzority. Except as otherwise expressly provided herein,
any action that is to be or may be taken by Landlord under this Lease is hereby delegated
by Landlord, pursuant to approval of this Lease by City Council of Landlord, to the
Director of Avzation of Landlord, or his designee.
Contract of Sale
Page 33 of 50
TENANT;
BILLIE GLOSSER
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY 4F DENTON §
This instrument was acknowledged before me on this day of
, 2012, by Billie Glosser,
Notary Public, State of Texas
My coxntnission expires: _
CITY OF DENTON-LANDLORD
BY,:
GEORGE C. CAMPBELL, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
:•
Conh'act of Sale
Page 34 of 50
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this day of
, 2012, by George C. Catx�.pbell, City Manager of the City of Denton, on
behalf of the Ciiy of Denton.
Notary Public, State of Texas
My connmission expires:
Contract of Sale
Page 35 of 50
EXHIBIT "A" to Temporary Lease
Legal Description
of
Tract 1 and Tract 2
FIELD NOTE DESCRIPTION:
BEING a 147.85 acre tract of land situated in the D. Davis Survey, Abstract No, 356, in
Denton County, Texas, and being a part o:F that certain tract of land described by deed to
First Interstate Bank of Fort Worth, N.A., Trustee, as recorded in Volume 2771, Page
452, of the Real Property Records ofDenton County, Texas (R.P.R.D,C,T,), and being all
of that certain tract of land described by deed to Billie Gregory, as recorded in Voluncie
2771, Page 448, R.P.R.D.C,T., and being more particularly described as follows:
BEGINNING at a"PK" nail set in asphalt for the southeast corner of the herein
described tract, same being in the east line of said First Inte;rstate Banlc of Fort Worth
tract, same being the northeast corner of a tract of land described by deed to Henry L.
Evans, Jr. , as xecarded in Volume 4388, Page 22 , R,P.R.D.C.T. , same beirig in the west
line of a tract of land desc;ribed by deed to the City of Denton, as recorded in Volume
305, Page 216, of the Deed Records of Denton County, Texas, same being by call in the
east line of said Davis 5urvey and the west line of the W. Smith Survey, Abstract No.
188, same being within a north-south road comuz�only known as "Tom Cole Road", same
from which a capped %z inch iron rod found for the southeast corner of said First
Interstate Bank of Fort Worth tract bears South 00 degrees 07 minutes 18 seconds East, a
distance oi 300.02 feet; •
THENCE South 89 degrees 13 minutes 45 seconds West, with the north line of said
Evans �rac�; a distance of 783.10•%et io a 1/� iron rood found �%r�tl�e�•nor�lxeast•�earner• of a
tract of land described by deed to University Of North Texas System, as recoxded in
DocumentNo. 2005-115038, R.P.R,D.C.T.;
THENCE Soutb. 88 degrees 54 minutes 28 seconds West, with the n.orth line of said
University Of North Texas System tract, passing en route the northeast corner of a txact
oi land described by deed to University O� North Texas System, as recorded in
Documen.t No. 2006-155067, R.P.R.D.C.T., continuing on said course, passing tha
easternmost-northeast cornex.oi a. tr�.ct� d£land. described...hy....deed..to...�har.Les.Turnex..and
wife, Clarice Turner, as recorded in Document No. 2006-121678, R.P.R.D.C.T,,.
continuing on said course passing at a distance of 1624.54 feet a 1/� inch irox� rod with
yellow cap stamped "ARTHUR SURVEYING COMPANY" set on line, continuing on
said course for a total distance of 1674.54 feet to a point within Hickory Creek, same
being an inz�.er-ell corner of said Turner tract;
THENCE with the east line of said Turnex tract and generally along or near the center of
said Hickory Creek, the following three (3) courses and distan.ces:
1} North 27 degrees 38 minutes 20 seconds East, a distance of 122.47 feet;
Contract of Sale
Page 36 of 50
2) North 11 degrees 33 minutes 33 seconds East, a distance of 169.39 feet;
3) North 45 degrees 22 munutes 33 seconds East, a distance of 108.00 feet �or the
northernmosi northeast cozne;r of said Turnex tract;
THENCE North 89 degrees 41 minutes 2'1 seconds West, with the north line of said
Turner tract, passing at a distance of 150.00 feet a%2 inch iron rod with yellow cap _
stamped "ARTHUR SURVEYING COMPANY" set on line, continuing on said course
for a total distance of 438.60 feet to a%z inch iron square bax found for corner in the east
line of a tract of land descxibed by deed to Universiiy Of North Texas, as recorded under
County Clerk's File No. 96-R0009770, R.P.R.D.C.T,;
THENCE North 00 degrees 13 minutes 45 seconds East, with the east line of said
University Of North Texas (C.C.F.# 96-R0009770}, a distaz�ce of 1325.68 feefi to a%nce
corner post found for a salient corner thereof;
THENCE North 02 degrees 06 minutes 51 seconds West, continuing with the east line of
said University Of North Texas (C.C.F.# 96-R0009770), a distance of 728.27 feet to a 10
inch steel fence corner post found for the northeast corner thereof, same being the
northeast corner of a tract of land described by deed to Joe Don Wom�ack, as recorded
under County Clerk's File No. 93-R0026909, R.P.R.D.C.T,,. same being in the south line
of a tract of land described by deed to Nucon Steel Commercial Corporation, a Texas
Corporation, as recorded in Volume 5255, Page 5740, R.P.R.D.C.T., same being by call
im the north line of said Davis Survey and the common south corner �of the A. Mays
Survey, Abstract No. 844 and the W. Davis Survey, Abstract No. 377;
THENCE North 89 degrees �09 minutes 16 seconds East, with •the• �south� line of � said
Nucon Steel Cornmercial Corporation tract, passing at distances of 855.17 feet and
1960.70 feet %z inch ixon rods found for the northwest and northeast corners of said
Gregory tract, coniinuing on said course for a total distance of 2745.00 feet to a fence
coxn.ex post found for the southeast corner of said Nucon Steel Commercial. Corporation
tract, same being in the west line of a tract of lan.d granted to the City of Denton, as
described and recorded in Volume 1675, Page 546, R.P.R.D.C.T,, and being within said
Tom Cole Road;
THENCE South 00 degrees 07 minutes 18 seconds East, with the west line of said City
of Denton tract (Vol. 1675, Pg. 546}, passing en route the northwest corner of said City of
Denton tract (Vol. 305, Pg, 216), continuing on said couxse far a total distance o� 2404.19
feet to the POINT OF BEGINNING and contairung a total of 147.85 aczes of land,
moxe or less, and being subject to any and all easements that may affect.
Contract oi Sale
Page 37 of 50
Exhibit "B" to Temporary Lease
Insarance Addendum
Tenant. shall. pro.cure and carry, at its sole cost and expense during the term of this
Lease, insurance protection as hereinafter specified, in form and substance satisfactory to
Landlord, carried with an insurance company (or companies) authorized to transact
business in the state of Texas, covering all aspects and risks of loss of all operations in
connection with this Lease,
Tenant shall obtain and maintain the following insurance coverages in full force
and effect during the term of this Lease:
Commerczal General Liabilitv:
Per Occurrence Limit:
Aggrega�e I�,imit:'
$1,000,000
$2,000,000
Business Automohile LiabiliivA(providing.,coverage for owned, non-owned
and hired automobiles):
Per Occurrence Limit
Aggregate Limit:
Pxoperty Inswrance:
$ 500,000
�i,aoo,000
All risk property coverage on all buildings, attachments and improvements,
including the contents of all buildings, attachments and improvements. Said pxoperty
coverage shall be on a replacement cost basis and Tenant shall ensure that the insured
Contract of Sale
Page 38 of 50
values are accurately reported to the insurance company to ensure that no co-
insurance provision penalty will apply.
The Landlord shall be listed as an Additional Insured with respect to the
Conux�.excial Generai Liability and Business Automobile Liability and shall be granted a
waiver of subragation under both policies. The Landlord shall be listed as a Loss Payee
with respect to the all risk property coverage. Tenant will provide a Certificate of
Insurance on or before the Effective Date of this Lease to the Landlord as evidence of
coverage. The Certi�cate will provide 30 days notice of cancellation. A copy of the
additional in.sured endorsement and waiver of subrogation attached to the policy will be
included in. the certificaie.
All insurance carriers must be admitted to do business in the state of Texas and
have an AM Best's Rating of A-VII or better.
All policies should be written on an occurrence basis.
Contract of Sale
Page 39 of 50
it
ZAContra0a\12\Wd1z Fargo Bonk ooneral %rmnty Deed clean vareion,do"
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NOTICE OF CONFIDENTIALITY
RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
GENERAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That Wells Fargo Bank, N,A., Trustee, successor in interest to First Interstate Bank of
Fort Worth., N.A,, Trustee (herein called "Grantor"), for and in consideration of the sum of TEN
AND N01100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in
hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
(herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of
which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY unto Grantee, all the real property in
Denton County, Texas being particularly described on Exhibit "A'%. attached hereto and made a
part hereof for all purposes, and being located in Denton County, Texas, together with any and
all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together
with all and singular the improvements and fixtures thereon, including without limitation, water
wells, pumps, watering facilities, fencing, corrals, pens, sheds and barns, and all other rights and
appurtenances thereto (collectively, the "Property"),
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns, all oil, gas and other minerals in, on and under and that may be produced
from the Property which Grantor may hold, if any. Grantor, its successors and assigns shall not
have the right to use or access the surface of the Property, 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
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ZACoctraetsU21Wa1b Fargo Sink Gencral Warranty Deed clean verston.dou
I
without limitation, use or access of the surface of the Property 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.
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other
exploration and/or production method, operation, process or procedure would consume, deplete
or destroy the surface of the Property; and (ii) all substances which are at or near the surface of
the Property.
As used herein, the term "surface of the Property" 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.
Nothing herein shall be construed to prohibit the production of the reserved oil, gas and
other minerals and/or the pooling of the reserved mineral estate with other lands, so long as all
surface operations are located entirely on lands other than Property.
Exceptions to conveyance and warranty:
(i) Rights of third parties with respect to those portions of the subject property which
lies within the boundaries of Tom Cole Road, as shown on survey dated August
31, 2012, prepared by John M. Russell, RPLS #5305.
(ii) Easement executed by OTIS E. BURROW and wife, LENA MAE BURROW to
~I
DENTON COUNTY, TEXAS filed June 24,1944, recorded in Volume 306, Page
459, Deed Records of Denton County, Texas; as shown on survey dated August
31, 2012, prepared by John M. Russell, RPLS #5305.
(iii) Easement executed by W.L. MORRIS and wife, LAURA MORRIS to DENTON
COUNTY ELECTRIC COOPERATIVE, INC. filed February 2, 1954, recorded
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ZAConlractAl Wells Fargo Bank General Warmay Deed olean version4m
in Volume 403, Page 358, Deed Records of Denton County, Texas.
(iv) Easement granted to TEXAS POWER & LIGHT COMPANY by WILLARD L,
FEUCHT etal as set out in Certified Copy of Judgment filed February 3, 1970,
recorded in Volume 597, Page 681, Deed Records of Denton County, Texas; as
shown on survey dated August 31, 2012, prepared by John M, Russell, RPLS
#5305.
(v) Easement executed by WILLARD L. FEUCHT and wife, AUDREY FEUCHT to
TEXAS MUNICIPAL POWER AGENCY filed March 22, 1982, recorded in
Volume 1132, Page 923, Deed Records of Denton County, Texas; as shown on
survey dated August 31, 2012, prepared by John M, Russell, RPLS #5305.
(vi) Easement executed by BILLIE GLOSSER and WELLS FARGO BANK, NrA.
(FORMERLY KNOWN AS FIRST INTERSTATE BANK OF FORT WORTH,
N.A.), TRUSTEE to SOUTHWESTERN GAS PIPELINE, INC. filed March 12,
2002, recorded in Volume 5041, Page 1833, Real Property Records of Denton
County, Texas; as shown on survey dated August 31, 2012, prepared by John M.
Russell, RPLS #5305.
(vii) Easement executed by BILLIE GLOSSER to SOUTHWESTERN GAS
PIPELINE, INC, filed April 29, 2003, recorded in Volume 5321, Page 3446, Real
Property Records of Denton County, Texas.
(viii) Easement executed by WELLS FARGO BAND, N.A, (FORMERLY KNOWN
AS FIRST INTERSTATE BANK OF FORT WORTH, N.A.), TRUSTEE and
BILLIE GLOSSER to TRIO CONSULTING & MANAGEMENT, LLC filed
June 19, 2003, recorded in Volume 5357, Page 5054, Real Property Records of
Denton County, Texas; as shown on survey dated August 31, 2012, prepared by
John M, Russell, RPLS #5305.
(ix) Mineral lease granted by BILLIE P. GLOSSER to SIGNAL OIL AND GAS
COMPANY described in instrument filed October 26, 2001, recorded in Volume
4952, Page 794, Real Property Records of Denton County, Texas. Amendment
filed November 15, 2001, recorded in Volume 4965, Page 2878, Real Property
Records of Denton County, Texas.
(x) Mineral Estate and Interest described in Mineral Deed from WELLS FARGO
i
Z:lconnactiu mvella Aarso Bank General Warranty Deed clean verslon,da"
BANK, N.A., TRUSTEE OF IRA, TRUST #514-0040-00 (FORMERLY
KNOWN AS FIRST INTERSTATE BANK OF FORT WORTH, N.A.,
TRUSTEE OF THE BILLIE GREGORY IRA ROLLOVER) to BILLIE PERLE
GREGORY GLOSSER filed August 16, 2001, recorded in Volume 4902, Page
1801, Real Property Records of Denton County, Texas.
(xi) Riparian or water rights, claims, or title to water whether or not shown by the
public records, as to the most Southern West boundary line.
(xii) Fence protrusion on North and West boundary lines; fence encroachment on the
West, South and East boundary lines; power lines, poles, guy wires, utility risers,
well shaft, gas wells, gas line markers, ponds and creek and cross fences in place;
fence and gravel drive encroachments into the gas and utility easements; as shown
on survey dated August 31, 2012, prepared by John M. Russell, RPLS 5305.
Grantor hereby assigns, without recourse or representation, to Grantee, any and all claims
or causes of action that Grantor may have for or related to any errors, omissions, defects in or
injury to the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns
forever; and Grantor does hereby band Grantor and Grantor's successors and assigns to
WARRANT AND FOREVER DEFEND all and singular the property unto Grantee and
Grantee's successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
EXECUTED the Z%A~k> day of Gc~ 2012.
• ' ' ICI
ZAConttactskl2kWells Fargo DankGeoetal WarrentyDeed alean vanion.dacx
WELLS FARGO BANK., N.A., TRUSTEE
By:
Name: r ~
Title:
i
ACKNOWLEDGMENT
THE STATE OF~ §
COUNTY OF -kj
& §
This instrument was acknowledged before e on this R37day of
2012, by Y-dA1n ~ i of Wells Fargo Bank, N.A., Trustee, on
behalf of said trust.
ruB~, MINDY TOOLEY
BUC Notary Public, tate of Taxas
~ NOTARY PU
* * STATE OF TEXAS My commission expires: -9-
Of MY COMM. EXP. 02-15-2015
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EXHIBIT "A" to General Warranty Deed Wells Fargo Bank, N.A., Trustee
Arthur Surveying Co., Inc.
Pr+o-Mowfouval ,a-d 5uxveycrxsr
RO. BOX 54 - Lowievillo, TOX00 75067
Mow (972) 222-9439 - Fart (972) 221-4675
i
TRACTI
141.65 Acre tract in the
D. Davis Survey, Abstract No. 356
Page I of 6
FIELD NOTE DESCRIPTION FOR TRACT L
BEING a 141.65 acre tract of land situated in the D. Davis Survey, Abstract No. 356, in
Denton County, Texas, and being a part of that certain tract of land described by deed to
First Interstate Bank of Rout Worth, N.A., Trustee, as recorded in Volume 2771, Page
452, of the Real Property Records of Denton County, Texas (R.P,RD.C,T.), and being
more particularly described as follows:
BEGINNING at a TV nail set in asphalt for the southeast corner of the herein
described tract, same being in the east line of said First Interstate Bank of Fort Worth i
tract, same being the northeast corner of a tract of land described by deed to Henry L.
Evans, Jr. , as recorded In Volume 4388, Page 22, R.P.R.D.C.T, , same being in the west
line of a tract of land described by deed to the City of Denton, as recorded in Volume
305, Page 216, (if the Deed Records of Denton County, Texas, same being by call in the
east line of said Davis Survey and the rarest line of the W. Smith Survey, Abstract No.
188, same being within a north-south road commonly known as "Tom Cole Road", same
from which a capped'/2 inch iron rod found for the southeast corner of said First
Interstate Banlc of Fort Worth'tract bears South 00 degrees 07 minutes 18 seconds East, a
distance of 300,02 feet;
THENCE South 89 degrees 13 minutes 45 seconds West, with the north line of said
Evans tract, a distance df 783.10 feet to a %2 iron rod found for the northeast corner of a
tract of land described by deed to University Of North Texas System, as recorded in
Document No. 2005 115038, R.P.R.D.C.1;
I
THENCE South 88 degrees 54 minutes 28 seconds West, with the north line of said
University Of North Texas System tract, passing on route the northeast corner of a tract
of land described by deed to University Of North Texas System, as recorded in.
Document No, 2006-155067, RY.R.D,C.T., continuing on said course, passing the
easternmost northeast corner of a tract of land described by deed to Charles Turner and
wife, Clarice Turner, as recorded in Document No. 2006-121678, R.P,RD.C.T.,
continuing on said course passing at a distance of 1624.54 feet a'/z inch iron rod with
yellow cap stamped "ARTI UR SURVEYING COMPANY" set on line, continuing on
said course for a total distance of 1674.54 feet to a point within Hickory Creek, same
being an inner-ell corner of said Turner tract;
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EXHIBIT A to General Warranty Deed Wells Fargo Bank, N.A., Trustee
Art' hur Surveying Co., I ne.
Prollbsxlc Lana sxuxveyora
Z.O. BOX $4 -Lewisville, Texas 75087
Mae: (972) 2219439 - Fax: (972) 221-4675
TRACT I
141.65 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 2 of 6
THENCE with the east line of said Turner tract and generally along or near the center of
said hickory Creek, the following three (3) courses and distances;
1) North, 27 degrees 38 minutes 20 seconds East, a distance of 122.47 feet;
2) North 11 degrees 33 minutes 33 seconds East, a distance of 169.39 feet;
3) North 45 degrees 22 minutes 33 seconds East, a distance of 108.00 feet for the
northernmost northeast corner of said Turner tract;
THENCE North 89 degrees 41 minutes 27 seconds West, with the north line of said
Turner tract, passing at a distance of 150.00 feet a inch iron rod with yellow cap
stamped "ARTHUR SURVEYING COMPANY" set on line, continuing on said course
for a total distance of 43 8.60 feet to a Y2 inch iron square bar found for corner in the east
line of a tract of land described by deed to University Of North Texas, as recorded under
County Clerk's File No, 96-R0009770, R.P.R.D.C.T.;
THENCE North 00 degrees 13 minutes 45 seconds East, with the east line of said
University Of North Texas (C.C,F,# 96-R0009770), a distance of 1325.68 feet to a fence
corner post found for a salient corner thereof;
THENCE North 02 degrees 06 minutes 51 seconds West, continuing with the east line of
said University OfNorth Texas (C.CY,# 96-R0009770), a distance of 728.27 feet to a 10
inch steel fence coiner post found for the northeast corner thereof, same being the
northeast corner of a tract of land described by deed to Soo Don Womack, as recorded
under County Clerk's File No. 93-R0026909, R.P.R.D.C.T., same being in the south line
of a tract of land described by deed to Nucon Steel Commercial Corporation, a Texas
Corporation, as recorded in Volume 5255, Page 5740, R.P.R.D.C.T., same being by call,
In the north line of said Davis Survey and the common south corner of the A. Mays
Survey, Abstract No. 844 and the W. Davis Survey, Abstract No. 3 77;
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• EXHIBIT "A" to General Warranty Deed Wells Fargo Bank, N.A., Trustee
Arthur Surveying Co., Inc.
,pzates~+iostal Laxtd Sra:rveyars
PA. Box 54 - LvwIPAI , Texas 75067
offfoo: (972) 223-9439 - Fax; (972) 221-4676
TRACT I
141.65 Acre tract in the
D. Davis Survey, Abstract No, 356
Page 3 of 6
THENCE North 89 degrees 09 minutes 16 seconds Bast, with the south line of said
Nucon Steel Commercial Corporation tract, a distance of 855.17 feet to a% inch iron rod
found for the northwest corner of a tract of land described by deed to Billie Gregory, as
recorded in Volume 2771, Page 448, R.P,R.D.C.T.;
THENCE departing the south line of said Nucon Steel Commercial Corporation tract and
traversing over and across said First Interstate Bank of Fort Worth tract and with the
westerly and southerly and easterly boundary lines of said Gregory tract, the following
six (6) courses and distances:
1) South 00 degrees 51 minutes 19 seconds East, a distance of 198.44 feet to a 1/2 inch
iron rod found for corner;'
2) South 40 degrees 32 minutes 26 seconds East, a distance of 165.54 feet to a % inch
iron rod found for corner;
3) North 89 degrees 08 minutes 10 seconds East, a distance of 469.60 feet to a f/2 inch
iron rod found for corner;
4) North 52 degrees 02 minutes 54 seconds Last, a distance of 206.38 feet to a'/Z inch
iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for coiner;
5) North 66 degrees 38 minutes 52 seconds East, a distance of 895,77 feet to a %a inch
iron rod found for corner;
6) North'00 degrees 54 minutes 20 seconds West, a distance of 49.66 feet to a % inch iron
rod found for corner in the south line of said Nucon Steel Commercial Corporation tract;
THENCE North 89 degrees 09 minutes 16 seconds East, with the south line of said
Nucon Steel Commercial Corporation tract, a distance of 784.31 feet to a fence corner
post found for the southeast corner of said Nucon Steel Commercial Corporation tract,
same being in the west line of a tract of land granted to the City of Denton, as described
and recorded in Volume 1675, Page 546, MP.R.D.C.T., and being within said Tom Cole
Road;
i
I• EXHIBIT "A" to General Warranty Deed Wells Fargo Bank, N.A., Trustee
ArthurSurveying Co., Inc.
.i~x~ot~.srxiosxr~I x,nxtd S~rcreyoxs '
P.O. Hox,54.- Lowisvllle, Texas 75067
Oili4es (972) 221-9439 - gaxt (972) 221-4675
i
TRACTI
141.65 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 4 of 6
THENCE South 00 degrees 07 minutes 18 seconds East, with the west line of said City
of Denton tract (Vol. 1675, Pg. 546), passing en route the northwest corner of said City of
Denton tract (Vol. 305, Pg. 216), continuing on said course for a total distance of 2404.19
feet to the POINT OF BEGINNING and containing a total of 141.65 acres of land„
more or less, and being subject to any and all easements that may affect.
JOHN M. RUSSELL
l..~..... N.1....1~ .............N
r M. ussell, R.P.L.S,
o.5305
Date: 12.2.(,• 7.,o/z-
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EXHIBIT "All to General Warranty Deed Wells Fargo Bank, N.A., Trustee
k BOUNDARY EXHIBIT
'OpProxfmate locatlon W. ,Davis Sufvey,
t F-t of Survey line I
(typ,aa,) Abstract No. 377 , i
t Nucon Steel commercial corporation,
a Texas Corporation
Vot. 5255, Pg. 5740
t C.M,N ~ C,M•~I
t1W STEEL LR,F, I..F. .rI F.C,P.
F.C.P. L16
~o Tr L10 131111a Gregory Ll5 , SCALE
Womaok Vol. 2771, Pg. 448
93 ROO28909 ~1 ~F L14
City of Denton,
op IR,F. L1 Z I.R.F. L1 3 texas
Vol, 1675, Pg. 546
F.O.P. t~0
TRACTI '
a E remainder of
f7rat interstate Bank h a
g I of Fort Worth, N.A„ Trustee Il U r"~
g Vol. 2771, Pg. 452
t,
941.65 Acres
• W I D. Davis Surety, i E--4
d Abstt'aet No. 356 i
M L6 rso.oov
P.O.B.
1UARE IRON I,R.S L5 PROPERTY CORNERS
eAR TRACT I i v]
sq
FNA, L4 FALL IN CREEK O.M.N
L3 }ez4.a4 L2 I.R.F. L1 'P SET 1L U
` r wr ~wr•+ w r ~rrr.Ir w I r.r~r.w~ r r hfl
IA&
w
I Charles Turner and wife, Marto Turner Henr
i j Vol, y4388 L. , E'Pg.vane, 22 Jr. t
CM,r 1 'A
X. FNO.. IN pos. No. 2006--121678 1i
CONCRETE _ -'w.
- rL~°y?tw » J - k . e !r_ Lo±d4
I.R.F. 0;; City of Denton,
I,F,
711e Stratford Company, LA . Wp Texas
Daa, No, 2005-12274 University Of North University Of North I Vot. 305, Pg, 218
Texas System Texas 5ystam t
A. Madden Surve Do*, No. 2006758067 pos. No, 2005115038
Abstract No, 85T
.r
Dade: 08-31-12 LEWD ~
C.M'•ContMUtw Monument; I".-Iron RodFound•I,P.PplrenP1pePowd; Y
ASCNVo, 12082772 F.C.F.-rcneoCo=rPoal. 1R.S.=Iron1tod Sot-Ud'dtnmeterwAyeiloweep `S•r •.i.
stgimped•ARTHURSURVAiYWO( MPANY'.AllfoundionfodswoV2"
DrawAlMk SHIL41AaZt dtNnaler Wlte9e ndleYVdSe neted y t tf l
C1lent GYtyofDeatozl xote JOHN M. RUSSELL
•'IhireurvoywespropecedwlthoutlhoBenWicoratliWooArCh,thvofatonoaearah ,0••• ..",••••",••••••.•••••,.••K
ltd ur 2o.,,,1!e. meoniedauamantaweap`ovomentsansubjeotuaotendadjo4wenotshetm.•
o/ewt (M) 1--u "-UM? ed" =I 4'6,
YAW 3HM5af6 2•
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• EXHIBIT "At' to General Warranty Deed Wells Fargo Bank, N.A., Trustee
BOUNDARY EXHIBIT
I
LINE TABLE
L1 S 86-1,3'45" . W 783.10
L2 S 88°54'28' W 1674.54'
L3 N 27°720" E 122.47'
L4 N 11 °33'33" E 169.39
L5 N 45°22'33 E 108.00'
L6 N 89°41 27 W 438.60'
L7 N 00°1S45" E 1325.68'
LS N 02°06 51 W 728.27'
L9 -N-89"09'16" E 855,17'
L10 S 00-51"19" E 198.44'
L11 S 40°32 26' E 165,54'
L12 N 99-08'10" E 469.60'
L13 N 52°02'54" E 206.38
L14 N 66°38'52" E 395,777
L15 N 00'54 20" W 49.66
L16 N 8900916 E 784.31
L17 S 00°07'18" E 2404.19'
. I
Deto. 0"142 LEQENII
C.M-Controlling Moaumon, UU.-rrouRodPound;LP.F; lion VpvFouud;
AWN0. 12082772 F.C.P.alaenceConurpoatUtomftaRodBot-1/2°diamNOrwithyallownp
a!°mpvd "ARTAUR SURVVINd COMPANY. All found iron rods ere 112"
Dram/M SW]W/JMR dlaso°Iarunl°as othrs Hot°d.
Ment CltyofDanton Not%
/f -ThisautvvywaspnpatCdwlihautthvb°n°lftofattdeaeasoh,duKOf'oceuoavaroh
rt{ y~Y. ofreaordndea9emontswavporfamedonauhjv°tpropary.
n - lmpmvom°nts on SubJa°t
1rAa utd adJoN'+a nnl ahnwn
AA
, , Fm at
Om"I (Vlp) 071) tit~46i6
~onm
SHEET b of 6
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 2 00147183
Instrument Number: 2012-147183
As
Recorded On: December 31, 2012 Warranty Deed
Parties: WELLS FARGO BANK NA Billable Pages: 12
To Number of Pages: 12
Comment:
( Parties listed above are for Clerks reference only )
Examined and Charged as Follows:
Warranty Deed 60.00
Total Recording: 60.00
I
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2012-147183
Receipt Number: 986172 TITLE RESOURCES
Recorded Date/Time: December 31, 2012 08:16:58A WILL CALL
DENTON TX 76202
User / Station: D Kitzmiller - Cash Station 2
THE STATE OF TEXAS)
COUNTY OF DENTON }
I hereby certify that this instrument was FILED In the File Number sequence on the dateltime
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
9.
County Clerk
i~~ • Denton County, Texas
I
Y S;1Legel\GurOodumontb\Contrncte1121GlosserGenernl WaCranty Deed.docX
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED
STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS
That Billie Glosser, formerly known as Billie Gregory, pursuant to that certain.
Order Granting Change of Name of Adult, dated November 5, 1998, Cause No. 98-
30693-211, 211" Judicial District Court, Denton County, Texas (herein called
"Grantor"), for and in consideration of the sum of TEN AND N01100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY
OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY unto Grantee, all the real property
in Denton County, Texas being particularly described on Exhibit "A", attached hereto
and made a part hereof for all purposes, and being located in Denton County, Texas,
together with any and all rights or interests of Grantor in and.to adjacent streets, alleys
and rights of way and together with all and singular the improvements and fixtures
thereon, including without limitation, water wells, pumps, watering facilities, fencing,
corrals, pens, sheds and barns, and all other rights and appurtenances thereto
(collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
herself, her devisees, heirs, successors and assigns, all oil, gas and other minerals in, on
and under and that may be produced from the Property. Grantor, her devisees, heirs,
I
I
I
successors and assigns shall not have the right to use or access the surface of the
Property, 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 Property for the location of any well or drill sites, well bores, whether vertical or
I
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,
i
As used herein, the term "minerals" shall include oil, gas and all associated
hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining
or other exploration and/or production method, operation, process or procedure would
consume, deplete or destroy the surface of the Property; and (ii) all substances which are
at or near the surface of the Property.
Nothing herein shall be construed to prohibit the production of the reserved oil,
gas and other minerals and/or the pooling of the reserved mineral estate with other lands,
so long as all surface operations are located entirely on lands other than Property.
As used herein, the term "surface of the Property" 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.
Exceptions to conveyance and warranty:
(i) Rights of third parties with respect to those portions of the subject
property which lies within the boundaries of Tom Cole Road, as shown on
survey dated August 31, 2012, prepared by John M. Russell, RPLS #5305.
(ii) Easement executed by OTIS E. BURROW and wife, LENA MAE
BURROW to DENTON COUNTY, TEXAS filed June 24, 1944, recorded
in Volume 306, Page 459, Deed Records of Denton County, Texas; as
i
li
I
shown on survey dated August 31, 2012, prepared by John M. Russell,
RPLS #5305.
(iii) Easement executed by W.L. MORRIS and wife, LAURA MORRIS to
DENTON COUNTY ELECTRIC COOPERATIVE, INC. filed February
2, 1954, recorded in Volume 403, Page 358, Deed Records of Denton
County, Texas.
(iv) Easement executed by BILLIE GLOSSER to SOUTHWESTERN GAS
PIPELINE, INC. filed April 29, 2003, recorded in Volume 5321, Page
3446, Real Property Records of Denton County, Texas.
(v) Mineral lease granted by BILLIE P. GLOSSER to SIGNAL OIL AND
GAS COMPANY described in instrument filed October 26, 2001,
recorded in Volume 4952, Page 794, Real Property Records of Denton
i
County, Texas. Amendment filed November 15, 2001, recorded in
Volume 4965, Page 2878, Real Property Records of Denton County,
Texas.
(vi) Mineral Estate and Interest described in Mineral Deed from WELLS
FARGO BANK, N.A., TRUSTEE OF IRA TRUST 9514-0040-00
(FORMERLY KNOWN AS FIRST INTERSTATE BANK OF FORT
WORTH, N.A., TRUSTEE OF THE BILLIE GREGORY IRA
ROLLOVER) to BILLIE PERLE GREGORY GLOSSER fled August
16, 2001, recorded in Volume 4902, Page 1801, Real Property Records of
Denton County, Texas,
(vii) Fence protrusion on North and West boundary lines; fence encroachment
on the West, South and East boundary lines; power lines, poles, guy wires,
utility risers, well shaft, gas wells, gas line markers, ponds and creek and
cross fences in place; fence and gravel drive encroachments into the gas
and utility easements; as shown on survey dated August 31, 2012,
prepared by John M, Russell, RPLS 5305.
Grantor hereby assigns, without recourse or representation, to Grantee, any and all
I~
ii
claims or causes of action that Grantor may have for or related to any errors, omissions, l
defects in or injury to the Property.
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantees successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
EXECUTED the.gO .0 day of , 2012.
LIE
ACKNOWLEDGMENT
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day Hof
2012, by Billie Glosser.
=N ' 1.~,4,,~K ub c, State of Texas
r5 Wi> At1Y yiil lG
e rr,yAS My co ssion expires:
,i~rt~ulvzt,zo~s i
p~4Y Clafrliii kv~•
EXHIBIT "A" to General Warranty Deed Billie Glosser
Arthur Surveying Co., Inc.
PmAesstonat Z.and Suzve-yars
P.O. Hox 54 - Lowisvillo, Toxas 75067
Offioo. (972) 221.9439 - Pax., (972) 221-4673
v '
TRACT II
6.200 Acre tract in the
D. Davis Survey, Abstract No. 356
Page I of 4
I' + IELD NOTE DESCRIPTION FOR TRACT II:
BEING a 6.20 acre tract of land situated in the D. Davis Survey, Abstract No. 356, in
Denton County, Texas, and being a part of that certain tract of land described by deed to
First Interstate Bank of Fort Worth, N.A., Trustee, as recorded in Volume 2771, Page
452, of the Real Property Records of Denton County, Texas (R.P.R,D.C.T.), and being all
of that certain tract of land described by deed to Billie Gregory, as recorded in Volume
2771, Page 448, R.P.R.D,C.T., and being more particularly described as follows:
BEGINNING at a'/2 inch iron rod found for the northeast corner of the herein described
tract, same being in the south line of a tract of land described by deed to Nucon Steel
Commercial Corporation, a Texas Corporation, as recorded in Volume 5255, Page 5740,
R.P.R.D.C.T., same being in-the north line of said First Interstate Bank of Fort Worth
tract, same being the northeast corner of said Gregory tract, same being by call in the
north line of said Davis Survey and the south line of the W. Davis Survey, Abstract No.
377, same from which a fence corner post found for the eastern common corners of said
Nucon Steel Commercial Corporation tract and First Interstate Bank of Fort Worth tract
bears North 89 degrees 09 minutes 16 seconds East, a distance of 784.31 feet;
THENCE departing the south line of said Nucon Steel Commercial Corporation tract and
traversing over and across said First Interstate Bank of Fort Worth tract, the following six
,(6) courses and distances:
1) South 00 degrees 54 minutes 20 seconds East, a distance of 49.66 feet to a %2 inch iron
rod found for corner;
2) South 66 degree's 38 minutes 52 seconds West, a distance of 395,77 feet io a'/2 inch
iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner;
3) South 52 degrees 02 minutes 54 seconds West, a distance of 206.38 feet to a %2 inch
iron rod found for corner;
4) South 89 degrees 08 minutes 10 seconds West, a distance of 469.60 feet to ainch
iron rod found for coiner;
EXHIBIT "A" to General Warranty Deed Billie Glosser
Arthur Surveying Co,, Inc.
.pnblesBlonal Land Surveyors
P.O. Box 54 - LeWlsVille, Texas 75067
Off m (972) 221-9439 Fax; (972) 221-4675
TRACT II
6.200 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 2 of 4
5) North 40 degrees 32 minutes 26 seconds West, a distance of 165.54 feet to a 1/2 inch
i
iron rod found for corner;
6) North 00 degrees 51 minutes 19 seconds West, a distance of 198.44 feet to a 1/2 inch
iron rod found for corner in the south line of said Nucon Steel Commercial Corporation
tract, same from which a 10 inch steel fence corner post found for the northwest coiner of
said First Interstate Bank of Fort Worth tract bears South 89 degrees 09 minutes 16
seconds West, a distance of 855.17 feet;
THENCE North 89 degrees 09 minutes 16 seconds East, with the south line of said
Nucon Steel Commercial Corporation tract, a distance of 1105.53 feet to the POINT OF
BEGINNING and containing a total of 6.200 acres of land, more or less, and being
subject to any and all easements that may affect.
t. C)f= ~
JOHN M. RUSSELL,
6305 V~1..
ohn M. ussell, R.P.L.S.
No. 5305
Date: i 2. 2 Cr 20! Z
i
i
II,
EXHIBIT "A" to General Warranty Deed Billie Glosser
I
(U I BOUNDARY EXHIBIT
~approxlmate location W. Da kds Sutvey, I I
01 Survey Line 1
I ~ "I( ~{yp,Abstract No. 377 ~ I
Nucon Steel Commercial Corporation, U I
I ' a Texae Corporation l
Vol; 5255, Pg. 5740
C,M,N C.M.N
' 10" STEEL I.R,F. rr 8807e" E J1' F.C.P.
F.C.P. asavoe"w eamtr
L6 L7 L2 L~ i.R.F. SCALE
Joe Don L3 P.O.B. 1"°500'
Womack I I.R.F. L5 I.R.S.
I.R.F. C,C,F. No.
s3-ROO26s0sL4 TRACT fl i City of Denton,
Iit Lft.F' I Vol, 167Texas
5, Pg. 546
TRACT II I~
C.M.- Billie Gregory ,
F.c.P. Vol. 2771, Pg. 448 0 6
6,200 Acres H
I
to o I remainder of 1.4
gg l First Interstate Bank i O
I~ rn l of Fort Worth, N.A„ Trustee W M
y~ o I Vol, 2771, Pg. 452 I
3~ I 1
" V-4 X)
;S z, as yI
I V
z D. Davis Survey, E-I
Abstract No. 356 '
~s
~00
150,00' t~
C.M,N
1/2" IRON I.R.S. I
SQUARE BAR PROPERTY CORNERS I
FND. FALL IN CREEK C.M.N
I.R.F. 'PK' NAIL .~j
_ 1624.54` SET t
t W ~
I N Charles Turner and wife, Clarice Turner I Henry L, Evans, Jr. I Vol. 4388, Pg. 22 1 Ij
'X' FND. IN Doc. No. 2006-121678
CONCRETE s seat Y w 1021 w_ 4: - N
• -'~-W- LR.F. ~'RF City of Denton,
The Stratford Company, L.P. W/GAP Texas
Doc. No. 2005-12274 University Of North University Of North Vol. 305, Pg. 216
Texas System Texa1200 System I
A. Madden Survey, Doc. No. 2006-155067 Doe. No. 5-•115038 r,~ 1
Abstract No. 851 -Ir
Date, 08-31-12 LEGEND , 0
C.M.- Controlling Monument; I.R,F.- Iron Rod Found ; I.P.F.= Iron Pipe Fowtd ;
ASCM, 1208277-2 p.C,F.=Fence Carrier Post LkS,=Iron RodSet•IWdiemoterwith yellow up A"?'(?1r.~A"r~p''•-•j'1
stamped "ARTHUR SURVEYING COMPANY". All found iron rods are 11r od Fp7y ~
Drawn/Cllk SWWJML2 diometertudassotherwise noted.
Client CRyofDonton Nola: JO'HN IVA.,RUSSELL
pared without the benefit of n title search, therefore no search o , b 5305 V
This survey was pre~
of recorded casements waeperformed on eobjeel property.
IN ithur Surveying Co., Inc. Improvements onsubject tract andadjoloersnotshown, Pxt AINAao.tsaodSurrgytasr
P.Diks 0! SnlnlOe, '[rzY 9'6007
M_ 1^II~IO ~rSUft) IML- M
OflCoer (M)
»>lbni"tllunmrg9tn~.tbm
3of4 ~(d,2nl
SHEET -
i
` EXI Mff "All to General Warranty Deed Billie Glosser
BOUNDARY EXHIBIT
I
I
LINE TABLE
L1 S 00°54 20" E 49.66
L2 S 66°38'52" W 395.77'
L3 S 52°02'54 W 206.38'
L4 S 89°08'10" W 469.60'
L5 N 40°32'26' W 165.54'
L6 N 00°51'19" W 198.44'
rL t N 89°09'16 E 1105.53'
I
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nato. 08-31-12 LEGEND
C,K-Controlling Monument; I.R.F= Iron Rod Bound; I.P.F.-Iron Pipe Pound;
ASCNo. 12082772 F.C.P.-Vance CormeFoal. I,R,S=IrmRodSet -10diemelerwlthyellow op
stamped °ARTIiUR SURVIIYINO COMPANY'. All found iron rods aro IM
Dlxwn/M SWWJAM diameter unless othenvlsa noted.
Client City omenton Note:
-This survey was prepared without the benefltofn tills sonroh theretbreno search
A rUr ^"'rVe ng Wq IilnCs of reoorded momenta wea performed on subjtwt property.
AA WW~`YU! ] -Improvomentsonsubjeettraotadd4olnersnotshown.
Pnoif~rtnor/ X.and BYtt'/ItgssaR
F.0mm Lwbv~m4t 9ti007
om+.t itrtn) p>d_ J<hd0Y7~> >at-+em
mtatirwanttnamr~nom
SHEET 4 oN
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
I
70 201 2 001 471 84 '
Instrument Number: 2012-147184
As
Recorded On: December 31, 2012 Warranty Deed
Parties: GLOSSER BILLIE Billable Pages: 9
To Number of Pages: 9
Comment:
( Parties listed above are for Clerks reference only )
Examined and Charged as Follows:
Warranty Deed 48.00
Total Recording: 48.00
~I
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2012-147184
Receipt Number: 986172 TITLE RESOURCES
Recorded Date/Time: December 31, 2012 08:16:58A WILL CALL
DENTON TX 76202
User/ Station: D Kitzmiller - Cash Station 2
THE STATE OF TEXAS}
r''ct~u11 COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number sequence on the dateltime
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
1840 County Clerk
Denton County, Texas
c:\documents and settings\brit\local settings\temporary internet files\content.outlook\3ngd8bx3\surface settlement agreement- enervest
glosser no exhibits 12 26 12 clean (2).docx
SURFACE SETTLEMENT AGREEMENT
GLOSSER OIL AND GAS LEASE
Decembelow,, 2012
This Surface Settlement Agreement (the "Agreement") is executed thi day of December,
2012, but effective for all purposes as of forty five (45) days from and after July 20, 2001, by and
between Billie P. Glosser , a single woman ("Lessor"), and EnerVest Energy Institutional Fund XII-A, LP.,
EnerVest Energy Institutional Fund XII-WIB, L.P., EnerVest Energy Institutional Fund XII-WIC, L.P., EV
Properties, L.P., and EnerVest Energy Institutional Co-Investment XII-2A, L.P., all Delaware limited
partnerships, by and through EnerVest Operating, LLC, a Delaware limited liability company, the agent
and attorney in fact for such entities, having a notice address of 1001 Fannin Street, Suite 800, Houston,
Texas 77002 (collectively, "Lessee" or the "Operator").
RECITALS
WHEREAS, Billie P. Glosser, as Lessor entered into an Oil, Gas and Mineral Lease (the "Lease")
with Signal Oil & Gas Company as lessee, dated 20th Day of July 2001, covering that certain 147.85 acre
tract, more or less (the "Subject Lands"), as described on Exhibit "A-1" attached hereto and
incorporated herein by reference, located in the D. Davis Survey. Abstract No. 356 Denton County,
Texas, said Lease was recorded in Volume 4952, Page 794, Real Property Records, Denton County,
Texas, as more particularly described on Exhibit "A" attached hereto and incorporated herein by
reference.
WHEREAS, Exhibit "B" of the subject Lease contains a provision designated as "DRILLSITE
DESIGNATION WITHIN 45 DAYS," which more specifically states:
Lessor and Lessee agree that within forty-five (45) days from and after the date of the Lease,
Lessee shall designate by plat out of the leased acreage the following surface area to be utilized by
Lessee:
(a) Four (4) tracts comprised of four (4) acres each, in the form of a square, for conducting
Lessee's drilling operations in search of oil, gas or other substances under the terms of this
Lease, and for establishing injection wells, salt water disposal wells and other facilities on
the leased land as Lessee, its successors or assigns, from time to time shall deem necessary.
Lessee agrees that after any such well or facility is completed that no more than 1 acre per
well or facility will be used in Lessee's production and other operations in and around the
same;
(b) All roads to and from the above-mentioned well and facility sites; and
(c) All future pipeline right-of-ways.
i
Ili
The subject plat shall be incorporated as Exhibit "C" to this lease, with a copy in the
possession of each party hereto.
WHEREAS, Billie P. Glosser, a single woman, as Lessor, was never furnished with the said Exhibit
"C" and/or does not have a copy of said Exhibit "C" as a part of her files.
WHEREAS, Billie P. Glosser, a single woman, has entered into a Sale Purchase Contract to sell the
surface only of the subject lands to the City Of Denton, and the unrecorded and missing said Exhibit "C"
to the Lease has been presented to Billie P. Glosser as a title objection in connection with said Sale
Purchase Contract.
WHEREAS, Operator is the successor in interest to Signal Oil and Gas Company and as successor
has contracted and is obligated to furnish Lessor with said Exhibit "C" or a surface use agreement
limiting Lessee's use of the surface of the Subject Lands as it was forty-five (45) days after July 20th,
2001, as amended only in writing and recorded in the Official Public Records of Denton County, Texas.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00), the
mutual covenants contained herein and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by all parties hereto, Lessor and Lessee hereby agree as
follows:
1. All requirements relating to surface use or filings under the Lease have now been met. Lessor
hereby ratifies, confirms and adopts said Lease as being in full force and effect with respect to
the entire Subject Lands. Lessee, in consideration thereof, agrees only to use, and stipulates
that all exploration and production activities shall be conducted upon, the pad sites as shown on
the attached Exhibit "B", which is incorporated herein and made a part hereof. Lessor
acknowledges that Lessee, and/or its predecessors in interest have previously paid to Lessor
certain sums as full and complete settlement of all compensation due for the use of the surface
of the Subject Lands in connection with the drilling of the proposed Glosser 6H, 7H, 8H and 9H
wells. These four (4) wells are to be drilled from surface hole locations located on the Glosser
#3 and #5 pad as shown on Exhibit "B". In order to minimize the potential surface disturbance,
Lessor hereby also agrees to the proposed expansion of the Glosser #3 & #5 pad, as depicted on
Exhibit "B", to accommodate the drilling of an additional three (3) wells (being the proposed
Glosser SA # 10H, 11H & 12H wells). Lessor, in consideration hereof and the execution by Lessee
of this Agreement, hereby agrees that Lessor has received full and complete payment relating to
any additional surface use related to the expansion of the existing Glosser #3 & #5 pad as
depicted on Exhibit "B".
2, Lessor and Lessee hereby agree that the Lease is amended insofar, and only insofar, as Lessee
was previously limited to only a 1-acre per well or facility production or other operations pad
site for the expanded Glosser #3 & #5 pad site as depicted on Exhibit "B" for multiple well
II
locations and agree to such reasonable use of such pad site as necessary to accommodate its
planned future drilling and production operations.
3. Operator's access to those pad sites shall be solely over the roads shown on Exhibit "C" (the
"Lease Roads"), attached hereto. Operator agrees to build and maintain the Lease Roads in
good, passable condition, as set out in Exhibit "B" of the Lease.
4. Nothing contained in this Agreement shall be deemed to affect any rights Operator may
now own or hold under that certain:
(i) Easement executed by Billie Glosser and Wells Fargo Bank, N.A. (formerly known as First
Interstate Bank of Fort Worth, N.A.), Trustee to Southwestern Gas Pipeline, Inc. filed
March 12, 2002, recorded in Volume 5041, Page 1833, Real Property Records of Denton
County, Texas; as shown on survey dated August 31, 2012, prepared by John M. Russell,
RPLS #5305.
(ii) Easement executed by Billie Glosser to Southwestern Gas Pipeline, Inc. filed April 29,
2003, recorded in Volume 5321, Page 3446, Real Property Records of Denton County,
Texas.
NO Easement executed by Wells Fargo Bank, N.A. (formerly known as First Interstate Bank
of Fort Worth, N.A.), Trustee and Billie Glosser to Trio Consulting & Management, LLC
filed June 19, 2003, recorded in Volume 5357, Page 5054, Real Property Records of
Denton County, Texas; as shown on survey dated August 31, 2012, prepared by John M.
Russell, RPLS #5305.
5. Operator is limited to the use of the flow line routes as they presently exist as shown on Exhibit
"D," attached hereto, defined therein as "Pipeline Routes"; provided, however, should
additional flow lines (or capacities) be required or become necessary, Lessor does hereby grant
to Lessee the right to construct, install or maintain such additional lines within the existing
Pipeline Routes as same are shown herein. Furthermore, Lessor and Lessee expressly
acknowledge and agree that Lessee's execution of this Agreement shall not constitute a
relinquishment, surrender, or waiver of any right that Lessee currently holds with respect to the
Pipeline Routes, as described herein. Lessee shall retain any and all rights and interests that
Lessee currently holds in connection with the Pipeline Routes, regardless of their source or
nature, including, without limitation, any right of way; easement; right of ingress, egress, or use;
or right to lay or install pipelines or other infrastructure that Lessee may currently hold in
connection with the Pipeline Routes, whether such rights or interests arise out of the express
terms of the Lease or otherwise, insofar and only insofar as such rights or interests are located
within the Pipeline Routes.
6. Lessor shall have the right, at a later date and at Lessor's sole cost and expense, to move the
Lease Roads, or any portion thereof, to a route of Lessor's selection; however, any such
alternate route must allow for Lessee to reasonably access all facilities and improvements that
are located on the Subject Lands and related to Lessee's development of the sub-surface
mineral estate of the Subject Lands. Furthermore, in the event that Lessor's future relocation of
the Lease Roads requires Lessee to relocate any of Lessee's pipelines, flow lines or other
improvements now located on the Subject Lands and permitted by the terms of this Agreement,
then Lessor shall bear all cost and expense associated with such relocation.
7. Subject to the terms and limitations hereof, Lessee shall have the right to use the water well
(the "Water Well") described in Section 19 of the Lease and the earthen tank (the "Water Tank")
currently located on the Subject Lands for the drilling and completion of wells on the Subject
Lands, and Lessee shall have the right to (i) improve and maintain the Water Tank; and (ii)
maintain the Water Well, as reasonably necessary or appropriate in connection with Lessee's
operations on the Subject Lands. Lessee may, in connection with the use of water stored in the
Water Tank for operations on the Subject Lands, lay temporary water lines over, across and
through the Subject Lands. For the purposes of this paragraph "temporary" means not more
than six (6) months, but in any event no longer than required to facilitate a single operation on
the Subject Lands. Only fresh water may be transported in any pipe laid on or over the Subject
Lands, and any pipe laid that crosses a road on the Subject Lands shall not prevent or impede
the use of such road. Lessee shall obtain, at its expense, any and all permits required by any
governmental authority having jurisdiction over the Water Well or the Water Tank and shall be
responsible for paying any and all taxes and complying with all rules and regulations relating to
the operation and maintenance of the Water Well and Water Tank, including but limited to
those of the Environmental Protection Agency, the Clean Water Act, the Texas Railroad
Commission and the Texas Commission on Environmental Quality. Lessee shall, at its expense,
supply, install and maintain a metering device sufficient to accurately meter the amount of
water taken or used by Lessee and to comply with any ground water regulating authority or
agency now or hereafter having jurisdiction over the drilling, extracting or selling of water from
the Subject Lands, although Lessee is prohibited from selling any such water or using, or
allowing the use of, any water off the Subject Lands. Lessee shall promptly pay Lessor, on a
monthly basis, $0.10 per barrel for all water Lessee takes or uses from the Water Well and/or
the Water Tank in connection with Lessee's operations on the Subject Lands. Lessee shall have
II
I
no other rights, of any kind or nature, and Lessee hereby waives any such rights, to utilize water
(surface or ground water) on or from the Subject Lands except as expressly permitted herein.
Notwithstanding anything to the contrary herein, all rights to use any surface water or ground
water on or from the Water Well and/or Water Tank, as permitted above, shall terminate
December 31, 2016 (the "Termination Date"). After the Termination Date, Lessee shall have no
rights to use water (surface or ground water) on or from the Subject Lands.
8. Except as provided herein, Lessee shall not have the right to use or occupy the surface of the
Subject Lands, without the express consent of Lessor, and hereby waives such right.
9. Operator stipulates that the City of Denton, Texas is an intended beneficiary of the rights,
obligations, covenants, agreements and conditions (the "Obligations") provided herein and in
the Lease. Operator further stipulates that the City of Denton, Texas (i) is relying upon the
Obligations related to its contemplated purchase of the Subject Lands from Lessor; and (ii) shall
have the right to enforce any and all of the Obligations against Lessee. Nothing contained in this
Agreement shall be construed to affect regulatory jurisdiction of the City of Denton, Texas.
10. All of the Obligations of the Lease and hereof (i) shall be binding upon and inure to the benefit
of Lessor, Lessee, the City of Denton, Texas, and their respective heirs, successors and assigns;
and (ii) shall be deemed to touch and concern and shall run with the Subject Lands.
Operator and Billie P. Glosser hereby covenant and agree that the surface use terms set out herein
have been in full force and effect and/or since forty-five (4S) days after July 20, 2001, except as
herein before modified and recorded in the Official Public Records of Denton County, Texas.
This Agreement may not be modified orally or in any manner other than by agreement in writing,
signed by the parties hereto or their respective successors and assigns.
Operator herein represents and warrants to Lessor that they (i) have the power and authority to
execute,=deliver and perform under this Agreement and owns the working interest in the Lease; and
(ii) have taken all actions necessary to authorize the execution, delivery and performance of this
Agreement.
This Agreement may be executed in any number of counterparts, all of which taken together shall
constitute one and the same agreement, and any of the parties hereto may execute this Agreement
by signing any such counterpart.
IN WITNESS WHEREOF, this instrument is executed and effective as of the dates set forth above.
B
BILLIE P. 'R,79 an
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on this the day of 012, by
Billie P. Glosser, a single woman.
^No>„Fly Putu,iu Notar Pub ' , State of Texas
f.x
onill, r_ p.r nG
AAy(]onm,Exp ,I y21,209s My com fission expires:
I
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ENERVEST ENERGY INSTITUTIONAL FUND XII-A, L.P.,
a Delaware limited partnership
ENERVEST ENERGY INSTITUTIONAL FUND XII-WIB, L.P.,
a Delaware limited partnership
ENERVEST ENERGY INSTITUTIONAL CO-INVESTMENT XII-2A, L.P.
a Delaware limited partnership
ENERVEST ENERGY INSTITUTIONAL FUND XII-WIC, L.P.,
a Delaware limited partnership
EV PROPERTIES, L.P., a Delaware limited partnership
By: EnerVest Operating, LLC, a Delaware limited
liability company, their agent and attorney-in-fact
By: AMO
Lloyd Br ce
Senior Vice President and General Manager
Barnett Shale Assets
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on this the dd" day of December 2012, by Lloyd
Bruce, Senior Vice President and General Manager, Barnett Shale Assets, of EnerVest Operating, LLC, a
Delaware limited liability company, agent and attorney in fact on behalf of ENERVEST ENERGY
INSTITUTIONAL FUND, XII-A, L.P., ENERVEST ENERGY INSTITUTIONAL FUND, XII-WIB, L.P., ENERVEST
ENERGY INSTITUTIONAL FUND XII-WIC, LP, EV PROPERTIES, L.P. and ENERVEST ENERGY INSTITUTIONAL
CO-INVESTMENTXII-2A, L.P., all Delaware limited partnerships.
-SQMAZ AAIRANDA Votary'Public in and fort a State of Texas
`y~~
vision Expires ) "l~
1 re1s; 2013 My commission expires: V
Exhibit "A" - Oil and Gas Lease
1..
1 i1~ IM11111NIMIl~e 052 00 794
OIL AND OAS ERASE
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STATE UF"feXAS
COUWY OP DBN O"
Tfd1 tw"4m*qdwbdgedtOfttodoThe day0i
7001 by PIS P.
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All that oarooln Intel or primal of land lying ire Iho DAVID DAVIS SURVBY, A13STUCT
NUMBBR 356, DENTONCOUNTY. TBXAS,ondbalagln"I ark called 176.340 ocro llnct sbOwn
by Dead Bom Tama P. Orwswayand AlannmtarM. Plnhty, Jr. to W11111rd C, I M1111 d rat an the
15thdayafAtn0.1967,teeatded In volume 6S$Pogo641, Died RecordsafD4nnon1pirtuy.Tenea,
andbeing more panlouldrlydesedbod as folloaa
BEGINNING man Iron pin at tho Nml cw comer oruld 170,340 acrocam acme being the i
Northeast eenlor of meld David Davis Survey, Ablrom Nunkcr 3501 the mlddk of Tom Cole
Roadt
THBNCB Soat1i 04 degrees 37 miwkaM seconds Dolt with the Dan boundary lino oftha D. Deals t
Survey and ofllte 170.740 sera tract InTom Cole flood a disloneu oC1705A0 fk1 to the 9orahenst
cornareNba D. Davis Survey al s come loTom Cale Ronda ;
THUNCB South IN dogmes 25 mlautes 75 sc andm Weat with dsimiddle ofTem Cob Road soul dta
South boundary Uneoftho 0. Davis Gomm a distance ef 1516,12 past to an lion pin si thecenterof
"law crawkrtaeto BNng dro $otaheul eomeraf a 4.17 "Mimi as described In a Dead Dom
willnrd A, Pesetas, at tut to Richard Scott Ralbs and recorded ask Volume 1077, Pop 910, Dood
Roeotds Gra"loa callmR Taaao
TNRNCBNplthorlywith themiddle ofHkkory Crack The N1100 gfbute(Momamdlklmcor t i
(1)NodhOldogrbbalOminatool2mwaMswcn10439Rottoeeomsrlnatrlcreekt m~ dry,
(2)Nadh21 desices 09 minutes 29Icconds But 111.00 fact too comer In sold crack:. ,
0) North 06 degrees 46 minutes 28 %am* Ban I SS.70 lot to a comer In amid creek; '
(4) North 40 deams 3S urinates 28 near* ask 108.00 fkm to o comer in meld ercakl
THBNCBSouth 85dagimm3l ndmules2laoc ands lVest.akngand neara 0rnoon dlolonco of418,60
flask loan iron pin and 0aroeaomer N the Nontawon aroar of mld 4.17 core lima and on the West
boundary line t rwid 170.140 Scro lio01:
TARNCE North 04 dolmos-39 minutes 47 moods Wan along and am a (two a disionce of
132512 igN to a krate angle;
i
TIONCBNonltOfidagremssroinula5lmnoondswort okm$sndnonrofaces dlshmcool729,52 ,
root toe hncocator an Bat North boundwy orw oftho D. Davb Burvey at the Soulhwgst comoraf
the W. Davis Survey, Abstract $77 and the Southeast comer oflho A. Mays Survey, Abstract 844,
ssmo being the Northwest comer are old 170.340 save frowl
THBNCH Na111 84 4491001 21 minutes 1 t ascends gut with said rimy lino along slid mora fhneo
a dblanca of g5S.14 too to an Iron vim
TIUINCB Bouth 0 degrew 38 minutes 49 accords gut o dlnanco of 198.65 Rol to an iron plan;
THENCE built 45 dogroas 27 minutes 30 somula; Bon a distance of 165.80 am to an treat P10,
THBNCBNanh 84 de rest 21 manatees 11 samnds Baal o dlneneu o17469.42 [loot to an lion pin.
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~s252 0679?. , ' I
TIIWNCIt NaAh 47 doWeaeiS gilnuws l3 nacem4 Rnq a tlU~eneo of 1116.38 foot ce nn Iron phtt .
T111INCIINe061 ddgroa 31 mhuaa 11 r coondo haft a distance of 393.91 Ica to nn Imp pin:
THBNCIl Notlit US dorm 99minuta 49 somods Weat n dUlnuct ofSM40 Act MAIM pin all
Iles Honh 11ne orinW 1?pJ40 aero traclt
THENCS Nctdl 84 dogroos 21 minutoa t I aocotWo goal with the Noah tine of sold 170.940 ecru
MCI a 11111100 817864M Pat to the polat of hoalnuingandContaining 159,513 acne oflontL
9AVrt ANA R1lCin!lY • ,
17.28784cMlathsDAVID DAVISSURVBY,ABSTRACTNUMDBR136;DBNTONCOUtM.
TEXAS. ood bony part are (dallod)170.940 gem Iraq shown by Decd IlromTumor P. 04""Y
andAloWder M. Plnloy. Jr. to Willard L. hucht,olux on the 150a doyofJuno,1967.mcoidodin
Volwtle $52, pogo 641. Dead goods of Design County. Two. and being m6m pdttloulerly
described as fenowss
BEOINNINO a an hop pin at Ilto Southocsl tumor ettaid 170340 gore beet and the Souibcost
comorof avid David Doyle Survey, sold camorbeing al a lam In Tom Colo Road;
THENCE South 04 deytas 23 minutof 33 seconds Wait wM the South line of old 117U40 cam a
tmat aarl wllhthe Bough Has ofedd Davis Swvey in NId?om Colo Road pdistaeco 42326.52 Act
to e confer In canter of Hlahory Crackt
THRNOBNodDOt &wM l0 minuw$ 92 wounds Wcu whh lhn c4nwvof Hlakotycro* adloonce .
e1720439 W:io scorner
THRNCB NOM 33 degrees 09 m1malos 281ceonds duet wilb the sinter of sold Hickory Creaks
dglanea or 100.12 loan. to a eomor,
711BNCB.Nonh B46 os * mlmaos 3S soceads Bad udistoneo o172463.0016e1 loin iroa pkr oa
the gain line ohald 170.094 gem noel and on the But line of anal Owls Survey, said comer briny : t
InTow Colo It",
THEM Soupt04 dolp+es 37 minutes 44aoconda Bea wldt Qw nod line ofsald 00.094 norkunct
cad Owls Survey and Along saldTom Colo Road a distance ot30004 g d lodapobtt of tn>ginnhrg
and contaldog 17.7818 coma of land
LSAVINO A TOTAL OF 147457 ACRES OF LAND, MORS OR LOSS, *r
- - ~,C[1Nh'rRACPt ear.
All that aermin 6,205 am Ind or parcel of load lying In the DAVID ore called DA IS 1SURVEY,
ABSTRACT NUMBER 356. DBN7'ON COUNTY, TEXASo nod bolnypan
$metshown by Deed Rom Turner P. Getaway and Alexander M. Finley Jr. to Willard L. nuahlel
ux on Iho I51h day of Amc. 1967, mdotdod In Volume 552, pogo 64.1. Deed Rewrds of Dentan
County, Taxai, and being mono particularly described w Allows
BEUINNINO olon iron ptaenlho Natik llnvor atd 170340a<tuuac4 and on the Narlk line orVtld
David Davis Survey, old comer tieing Booth 84 deimos 21 minules I1 scemds Weit 864,114 fear
font the Notlhoost comaref Bald David Davis Barvgys
i 7HUNCO. South 05 degree 38 minutes 49 soeands Ensl o distance 91730.00 Aol to an iron pin Ibr
l comers
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I118NC1I Wnuh dt dove" 31 mintxaa 1 I eotonda Wap a dWu,nM of 395.U1 Not to a at opia Q,r
THIINCIl Swill 47 doytaas 15 mhtutw.13 mandr Woud dlnlonto 0006.30 Ncl io nn inin.Pki for
eometl
llfu C i South 14 dogr=11 ndmnoe I I seconds West ndhimooof 46UA1 thel loaning, phi for
eonwi.
TIIONCB North 43 doyreos 37 minalw 19 monde West a distance of 165.80 hat Ioan Iron pin for
aamm;
THENCE North 05 dollrow1319 attawas49woods Was, adWuaeoor 198.65 hot to an imn pin on
the North line, of sold 170.340 pelt tract, and the North Iinn of mid Davis Survey,
TNONCH Nosh 14 degrees 11 n PM$ I1 saaoods out will, the Noah 11 me *fold 170.340 oars
to the po N e l f M p i n a i s a i Daylsf or 6 S O S dflorels ol o and "W n MW 11no n distance O t t 103.96
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EXHIBIT °ll',
AODRNDUht TO OIL AND OAS LEASE DATED July 10,
21101 BETWEEN Billie P- 010510F
LESSOR and $y{aW Oil and Oes Company, LESSES
a
Nawithaandgigmyorthoprovisionsofthle Iwotodocm*ny.it is"Way . to
r rollovru:
{ RWORATiON CLAUSE
C l Sam Silo fill to at 1car1 to inchas above smw* level alt"Pits, toots
andalmulettpapl%within IS days aRatheaomplelionofeachwell:or ifthepka
or won cellos we Sao wei to cover. dwy maybe fended by l -=with a
wbSwuw net mite liam.aapsbleoftumingewls, sum and odror IWa4o*
unlit they are dry woaih to be BRA al which time tbayshdl be Oiled When ddllht sm!
canplatioa opmnimu are concluded at any well mike, the Lam lag resroto the seAhm to its
ppew* comfilion, intolbr es prankeble. Lowc.Wooer a poiN dl sarib" equlpmM SMIMes
directed by 1 cruet.
COVBREDSUBSTANCES
This lease coven only OIL natural JV& apoclad liquid or pecans hydroouhoas and alpbut•
necessarily produced in connection with the atmetien ofoil end Bawd sm.
INDEMNITY CLAUSE '
to= will protect, defeW.Jodamniry and sm l ehor l =Iris Am and after ft off eel" date of
tMo ieseq Dom any and all long. claim momofadiwr std ds amb of anyldid ctoomler
uidnRA mandaAaAoeffbali>edateaft~mi~tsar% infhrorotsrrypesooorentry~any>~
wwaver, Mfeatly relating to or inehicral to Lzam operations on the loused prcedsas. Jula ft
lasers attorsoy roes and court emu expanded by law.
CATTLE GUARDS: INSTALLATION AND MAINTENANCE
if a obWn bWm std cVm to tee ivied premiss. it becoma nnessary for des Lessee to act any
Amesofota Low, do Lessee SIWI lmdl and maintain suitabloandwag.bmll mote patds,
ituulled to the Lamt'a satidmica. widoh cattle gm* shall upoa Wminsliau ofdds law Jbr pony
. ~ awe heeotna the property of Lessor. tYhalher rho I~ua tees geld pttaeaWyln OIR L.tgsot's fotn:a
=::p blic roads or coagmaa his own Vies, Lqusee sr.=lokesp ilk vine keckw al all times
ML the`maratlpublic froth the Lewes pro",pormli VoelyLawr's,Itichtomm
l &W LoeweSaw" $V MS and employees to have any keys tlwo to.
DWJ:L$tM DESIGNATION WITHIN IS DAYS'
Lasser and Lance sim that within fxty6re (411) days Item ad agar thn duo aftho hags, lasese
Aali dglyneu by plat out of the tmw aerme the Wowing surface on to be ntdfoed by lance,
(a) Jew (4) trusts comprised of rots' (4) Same such, (aft Ibtla ore >quu% for e.aduatini
J.esaeo9 ariJNnVgwratiotr in smtdt efolL ps a olhmsab>taa4sS wider the ttvou of this
loom ndfora1ab11shinj;lnjrctioawells,altwaist d*DWwells SModwhdiUasan"
leased load a Lapse, its suecesmn or asti}ne. Rem time to Nmo shall dam neeossM.
I oat upon that after any Such well or faelity is completed that m mole dim i we per f'
walla ibattity will tot: used in I~& production aml other operations in aid uvmd the
So=
(b) all roads Se and corn tha above mentioned well and Witty site, and
(a) all Adem pipeline dot-of-ways.
tjact Pin alall ltc It:eotpoMed m EzMbit "C ro this Iwt4 Milt • ~opylo the
j ptxtasebn of each panylu~KO.
MAINTENANCE OF ROADS
i If production ofoll or 19s in payinVquantities is obtained, Lance eyaes So constmat new foods
W"ng to Sash produoinV vials Ram the tua od point an ahtkrV tads which on M the WOW
1 premises. Lessee shall comply with UfatomnmamkwAabove in"IaSak&AwlUMWOU40
Oil service roads std tap all serv, a roads to good Passable wndGioa At ouch time es Lave
completes his opemious ad die lewd promisor, herla ll cause any fogs so used byhim to be
Faded sad Smoothed own and Ic0 indeed passable condi ion.
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;952 00600 ,
NOTICE RRQU1RL'D PRIOR TO ROAD BUILDING
beans ayrcer to gtveaurfua oweams two (Z) Weds notice prior to making soy locations of
roods on the premises In order thw panics roach o mutual apecome fartaamq that Loam shag
gravel the road prior to the eetrenm of any rig equipmm t to do property.
TWO YEAR SHUT-1N LIMITATION
Laasoe $ rill to mtdeloin this mass after the capitation of the primary term purnrnt to the sltttl-
in Eas royallyprovisiona of paragraph S rhall cart be continued ptr any dwtdn period(s) in seep
of two W yearn.
CONTINUOUS DRILLING
Nawhhstsndins mgnhiny to the covirary coombox! in rho ptbped Born to which rids Exhibit Is
attached, Ifni the aapfa en of the primary tam of thla Iddi% Levee Is than eogsged in drUiirtg or
reuvoddngopetaUOm ofthis kes%this tamp shell relnaie in !Neon to ngsaoperations oo ■ well.
we continuously prosecuted with no awasliat ofweh operations lhr mina Ow flhwfy (90) drays.
Upon die expinalon ofthe primorytmm orthocesswiat ofmiid contimus drilling or reworking
opemlo.n%whichovesistheImerdoe. opontionscoorInduction *mm 96lease will va"Wothis
lease in tblee only as to fiery (40) wrts snowed each well prodncitrC orapabh ofprodueing oil ;
sndlot cuinjlhand Sm in paying tpnndiUa, and as to lbny (40) ames or do m)tdntar - ttaaberof
saes pr udW by Texas Railroad Commission around each well prodooiag erempable of
produeioygss in paying tIewit a lirailod to I1wte depdm on both all sari gss galls pea the otrf ice
domm to the hundred flit (]W') below the deepest (bromilmn then prodeoingoil and gm
NO 11 UNTINO. FISHING OR FIREARMS ON PREMISES
Irtaoe mad Lector agree that it is s CONDITION ofthis lease that burning or fishing oaths lemed
pnltnisse or tAmr's edjekdng kinds is prohibited, and Louse agrees to ace to U dw ueae of its
o"loyess orsubcontrectore horns, pekes, or agrees fitawns on the leads covered by this fun or
theLemesm*Inierg lsodaThestipulated dwqutodoI=eafarviolation ofthiscondition shall be five dtonumd (SS,W)l dollars per occurrence.
?"JACKS
Should pwrp Jacks ho installed sl anytime on die lards said ptmPlacka "bepowaed by
electricity only. Usny gas or diced aWnta an mod at any rkns aft ddilbg operstlem hwe
ceased said onSines sball omh no moredun savenly-five (73)dedliab ofroond at fifly(SM tat
dlsuoee.
DAMAGES
l eswo agrace to pay Ibr all pets and livalack injured or killed by Lopes or its servers operadona.
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EXHIBIT A-1 - THE LANDS
SURFACE USE AGREEMENT
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EXHIBIT A-1 - LEGAL DESCRIPTION TRACT I PAU92OF3
SURFACE USB AGREEMENT
iFICIA) NOTIC DESCRIPTION FOR TRACT It
RZING a 141.65 ours Irmo( of land shumlotl )it (ha D. Davis Survey, Ab iml No. 356, In Damon County, Texas, told bolos a partarlhal cerioln total of land
dondbod by doW to plat Ialetrlolo Bonk of Port Worth, N.A„ Truslaa, is moortlod lit Votumw 2771, Pop 452, of Iho Moat Property Reoonb orboolun Counly,
Texas and bahall more porllotisrly dascrlbotl tie Nllowat
BICOINNING at o "PK" still sat la aspholl Nr 1110 suu(haesl aornor of tho huraln duaudbod (rant, ionic bolas In ilia oust linu of sold First lolumnaro Bnnk.ofPorl
Worth tract, game being ilia northeast corner ors !mot of toad descrlliad by doed a Henry L. gvaus, Jr., so rocardad ht Volume 4388, Page 22, ILP.R.D.C.T. , ionic
being In the wool lino of a kac(of land dosorlbad.by dead to Iho City of Damon, as recorded in Volume 3050 Page 216, of the Dead Records of Domtom (kuunly,
Texas, anmo bolos by cell In he coo line of iRld Davis Survey and the wool lino of lho W. Smith Survey, Abstract No, 1118t same bolag wilhlltIt out9h-south road
commonly known u'"16m Colo Road", same Aom which it anppod % Iftoh Iran rod round Itir ilia southeast earlier of sold First Imctmnto Dunk of (to" Werth (rocs
boars 8ou(h 00 degtnas 07 ndnulae 18 soecods Nett, a d6lenua of 300,021ha11
TRUNCII South 89 dograoel3 minutes 45 w ponds West Mill Ito notth lino afield Nvans Inez, it dlelanco 0793, 10 Not is it M Iron rood round Ibr the northeast
oomat t)(11 Imatoflatd described bydaed to Uitlvoralty arNorda Texas System, be rouordod in Doammanl No. 2005-10039. R.P.R.D.C.T.i
TURCIC6 South 88 doQrous 34 minmes 28 saounds Woo(, with rho nonih lino of told Ulflvors iy OrNorlh Toxns 5ystwn Imal, passing co, mow fire nothaaM cantor
are trial eritaw described by deal to Ualverslly Of Nonl Texas System, us roooniud la Document No. 20W $5067, R.P.R.D.C T., continuing on sold eourw,
the ouewmfnost narthoael oonwrof airout of land daoribad by dead to Chance Turnur and wilt, Clarice Tumor, as twordod ht Dowunotn No.
passing 6-11678, R p,R.D,C.T., oonthming on sold course passing at a distance of 1624,54 Not a K Inch iron rod with yollow cop stamped "ARTHUR SURVBYINO
COMPANY" got on lino, conducting on mold course for a total distance or 1674.54 foot to a paint whhln Hickory Croak, same being on I no"ll coma' of Bald
Tumor lmal;
TRZNCK with du inn this of stilt Turour (rind slid gonornlly alot% orooar the center of said Hickory Crack. ilia following throb (1) coursed and distmreaes
i
U North 27 dogrsoe 38 mi(iutoo 70 soaotidm Basis dlataaca of 121.47 !boll
dcgroaa 331ninutotr 39 seconds l1as, a dlsMnoo of f69,Jh Aral;
9) Nonlt It
3) Nardi 45 degrees 22 minutes 33 snoods 4ms1, it distance of 108.00 Not for the nortlwrmnos( nonluanst caner of rnld Turner Intel.,
THNNOC Norh W doarm 41 inlnute$ 27 seoomds Wits(, with Ilia north lino of said'lltnar tract, poseing at n dblaneo of 150.00 NO o A111011 Iron rod with yollow
cap stmmpad "ARTHUR SURVBYINO COMPANY" gut oil lino, wnlluaing on mold course Nr a total ddlanao of4311,60 Not ton lit Inch lion sgmora bar (build br
caner in Ilia oast line afa mutt of hand described by dood to University Of Nardh'roxns, as recorded undor Coamy Clark's, File No. 96-ROW0770, R.P.R,D.C.T.;
THZNCI1 North 00 dogma 13 utinmto& 45 omtds Nms, wlih Sao cast Ilnoorsmid udivorohy OfNordn'rexes (C,C,E*.N 964toOO9770}, 6 dtemnae of IS1S,6S fop(Io
a Now Donor tuts( hood br a snll0nl oumer llturooQ
TRONCH North 02 degrees 06 minuwo 51 m minids Wool, coadnulogwlih ilia cost Ilea orsald Uolvonlly df North Texas (C.C.P.9 98.10009770), a distance of
738.27 Not to a 10 hic a uuol haao cormrpost round for ()to northeast comor (haroof, same bolts the northeast oWar of u !root oflnnd doxcribad by dead a dos
Don Woatnok, an racordod undor County Clark's Pilo No. 93400211009, ti.P.R;D.C.T.,mano holog lit the south line of o Inn of lord dosurihed by deed to Nuaoil
Steel Co moruhil Ct"Prallu t, a Tow CurppmlWn, ua rueordad lit Volum !$955, Pugu 5740, ILI'dt,D.C.T., ammo behill by coil in the north Ilse orosid Davis
Suntey and Ilia common south coraar of dw A, Mays Surrey, Abstract No. 844 end dw W. Davis aurvay, Abe(ntol No, 377;
TIIBNCR North 89 dogrocs 09 tnlnu(sa 16 aosonds cost, whh the south line of enid Nucon Stool Comnetvlel-Corporation tract, a distonoo of 855,17 hot to 014
Inch kon rod N(Ind let the eorilnwsl comor of n tenet of land dosoelbod by deed to 111111a Orogory, as rooorded in Volume 2771, Page 448,
THIENCE dopming ilia mouth Unit of std Nucon Stool Cumntorolid Curpurodu t bout and (ravorsing over rand across mild Itirgt Inturstmo Wok ul'Pon Worth unat
and with ilia tvoswdy and eoulhoriy mad oailody boundary linos of meld Orogory Imol, the following six (6) 0aurtds and dislonadw
1) Sptdh 00 degroce S I minutes 19 aooondm linen, a dlotenoo of 19SA4 for to it % inch Iron nod burin Air tooter, r
2) South 40 dosrucs 32 m(nuica 26 ieoonds Haab p distance of 16544 hat no a 14 felt Iron rod found 161 aomar;
3) North 89 (tegram 08 mlmuos 1 D socaads BONN, a dlstaaca of 46p.60 (at to a h Inch iron rod round (or contort
4) North $2 degrcan 07 mhwtas 34 savoude Lust, a diotnnco o(106,38 (at to a if Inch Iron rod Willi yellow cop mtnmpod "Alt'rHUR SURVOYINO COMPANY'-' got
for contort
S) North 66 degroas 38 miautus 52 seccads Nast, a distance of 395.77 Not to a V,, Inch Iran rod found Ibr caner;
e) North 00 dogmas 54 mlmucs 30 seconds West, s dislanoo of 49,66 Not to a''4 hich iron rod IbundAw weer lit the south line of guid Nucou Steel Cenatnurolld
Gbrpot'olloni u'ac(t
THitNCIt Naith 89 dearaoo OPmlm la 16 Raomidm Brut, wllh ilia Retail Ihic orssld Nucor Stool Commercial Corpormiton bnat, it distanott of 794.31 teal to a_Now
eonnar post Numd Ibr (ho southeast center of sold Nucon Stool Comnerolnl Carpororlon tr i, same Whig lit the wumt 8nu or n trout or Innd linualed to Ihu GYIy or
Denton, as dasorlbed and toeorlcd in Volundo 1675, Pugo 5461 R.P.R.D.C.T., and being within sold Tom Cole Road;
THBNCI4 South 00 dogroes 07 nrlou(os i8 sagoado Amsl, with Ilia west lino of mold City of Donlon (real (Vol. 1675,1'8.546), passing oil rotto ilia oorthwast Tumor
ofauld City of Donlon low (Vol. 305, pg. 216), uoa(btuing on mold course Ibr a total dldnnoo or2404.19 Not to (ha POINT Ott DEGiNNING slid conlalift s
total of 141 AS oaros or land, nmmt m• loss, toad lehag subJact to oily mud all uasantants that may of i,
EXHIBIT A-1 - LEGAL-DESCRIPTION TRACT II rnoe3oPa
SURFACE USE AGREEMENT
VIEW NOTi! DROCRIPTION FOR TRACT lit
89ING u 6,20 storetmat of lend $1101110 4 In Ilia D,. Davis Survey, Absuaol No. 356, to Donors County, l'oaas, and being n port of tint ow pill
tract of land described by Jdad to nlrsl4itontato Blodt ofrort Worth, NA., Triunoc, as moonledlo Volume 2791, Page 432, of the Real
Pruparly Racerda of Donlon County, Two u8d buing till of that eedaln tract of Intul daserthad by dead to 011110 01e80% no
recorded In Volume 2771, Nano 448, R.P,R,D;C; f„ and being neon particularly described ns tblio%iw
BiIGINNING at a % Inch front wd Ibund Mr ilia nordianst twnter of tho Irorabr dosedbod imo►, lama being In the south tine orn (itwt of land
dusorlbed bytlocd to Nuaon Sical Commercial Corporallon, a Two C.m;rurallon, tie moorded ht Volo no 5255, pogo $940; it.P,R,D,C,T„ snare
baling In 1110 north 11110 orsnld Pint intorslata nark of ron Wixth Intel, 841110 boinn the tmrlhaasl carver ol'sahl Elmooryy unuy inmo bshtg by
oall in 1110 nortlr Iho afsom Davis 8urvoy and ilia south lino of ilia W, Davis Survey, Abrtawl No, 377, alone 0»m whloli a Ibnoe eotnar post
Ibund lbtdta rurwril eowmun contera of add Nuaon Snarl Cammerelnl Corparoten lroel muJ rhel blwrslnta Bunk of PUN 1Vmth treat tours
North 80 d4gra4s U9 mlm0as 16 aaaonds peel, a dislnnat of 784,7! Ibal; '
TuNC11 d4nating ilia south Ilse ors8ld Nuoon Stool Conmlerolal corporal loll Iraqi mid tmvarstus ovar and uoross sold chat Iutordnlo Brink
enroll Warth iract, Ili* rollowlug six (6) courses and disMnaaen
1) South 00 dagroas 54 miuutus 20 seconds Boil, o thilin u l u149.66 Not to it K Inch host rod round Ibr oonlor;
, I
2) South 66 dagivo 38 tolnulon S2 seconds West, it dlalonoo of 293,77 Ibat to a K Inch iron rod with yollow unp stamped "AWI'NUR
SURVBYINO COMPANY" sot Ibr contort
3) South 32 dogmas 02 admaos $4 suuonds Wait, u dlalunuo 0(200.38 fuel to 014 I uh Iran sal round Nr uulUCrl
4) South 89 ftweas 08 minutes 10 seconds Wad, a dlaisnoo o(460.60 Not to a K Inch iron rod Ibund (broornar;
8) North 40 dooroos 32 minutes 26 senands Wool, a distance of 165,54 toot to n K Doh Iran rod tbucd Ibr center;
6) North 00 dagrtea 51 miixnlas 19 noatxrds West, a dlmlnnw of I I)SA4 Awl to 1114 inch heat rod found Ox' center in dw south fiat of sold
Nucun Stool Comniorelnl'Cohpornrlmrtract, bamr Anal which n 10 Inch steal 61nae center post found ibr ilia northwest outnor of sntd Pilot
inturelnlc punk of Pori Worth Irael hours South 89 dultmea 09 thhwles 16 sawids Wad, a distance of 855.17 tool;
THHNC71 North 89 dogmas 09 minutoe 16 seconds Bast, with the south lino of sail Nuoou Stool Colon amial Corporallon Imel, it distance or
1111153 fkl to Igo POINT plc BHGI NNINO and amnninlug a total or6,200 floras of land, inom or loss, and being sul4aai to any and all
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Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
70 201 2 001 471 82
Instrument Number: 2012-147182
As
Recorded On: December 31, 2012 Agreement
Parties: GLOSSER BILLIE P Billable Pages: 23
To Number of Pages: 23
Comment:
( Parties listed above are for Clerks reference only )
Examined and Charged as Follows:
Agreement 104.00
Total Recording: 104.00
I
it
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2012-147182
Receipt Number: 986172 TITLE RESOURCES
Recorded Date/Time: December 31, 2012 08:16:58A WILL CALL
DENTON TX 76202
User / Station: D Kitzmiller - Cash Station 2
THE STATE OF TEXAS)
COUNTY OF DENTON }
I hereby certify that this instrument was FILED in the File Number sequence on the date/time
'y. printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
C*Adalu(L
` County Clerk
o r' Denton County, Texas
z;\contracts\12\glosser surface protection agreement markup 10 2612.doc
SURFACE PROTECTION
AGREEMENT
This Surface Protection Agreement (the "Agreement") is executed this day of
2012, but effective for all purposes as of a , 2012, by and
between the City of Denton, Texas, a Texas home rule municipal corporation (the "City"), and
Billie P. Glosser, a single woman ("Glosser").
RECITALS
WHEREAS, the City is the owner of that certain 147.85 acre tract, more or less (the
"Subject Lands"), located in the D. Davis Survey, Abstract No. 356, Denton County, Texas, as
more particularly described on Exhibit "A", attached hereto;
WHEREAS, the Subject Lands are encumbered by and subject to an -Oil and Gas Lease
(the "Lease"), dated on or about July 20, 2001, by and between Glosser, as lessor and Signal Oil
and Gas Company, as lessee, said Lease recorded in Volume 4952, Page 794, Real Property
Records, Denton County, Texas;
WHEREAS, the Lease was (i) amended by that certain Amendment and Ratification of
Oil and Gas Lease, dated on or about October 22, 2001, executed by Glosser and recorded in
Volume 4965, Page 2878, of the Real Property Records of Denton County; and (ii) affected by
that certain unrecorded Surface Use, Damage Settlement and Release executed by Glosser (the
Lease, as amended and affected as described herein, is hereinafter referred to as the "Oil and Gas
Lease")
WHEREAS, EnerVest Energy Institutional Fund XII-A, L.P., EnerVest Energy
Institutional Fund XII-WIB, L.P., EnerVest Energy Institutional Fund XII-WIC, L.P., EV
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Properties, L.P., and EnerVest Energy Institutional Co-Investment XII-2A, L.P. are the
I
successors in interest to Signal Oil and Gas Company;
. WHEREAS, Glosser and City now desire to enter into an Agreement (i) limiting the
rights of Glosser to amend the Oil and Gas Lease in certain respects; and (ii) assigning certain
surface only rights in the Oil and Gas Lease to City.
NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars
($10.00), the receipt and sufficiency of which is hereby acknowledged by all parties hereto,
Glosser and the City hereby agree as follows:
1. Glosser shall not execute or otherwise agree or consent to any amendment or
modification of the Oil and Gas Lease affecting the rights of the lessee thereunder, or any other
party claiming, rights or interests under or pursuant to the Oil and Gas Lease, to utilize or occupy
the surface of the Subject Lands.
2. Glosser assigns to City, without recourse or representation, all of its surface rights,
surface causes of action, surface claims and any other surface interests she may have now or in
the future as "Lessor" in the Oil and Gas Lease, including without limitation, the paragraph
therein entitled "Indemnity Clause", contained on Exhibit "B" to the Oil and Gas Lease, insofar
and only insofar as affects the surface of the surface subject lands, which states as follows:
INDEMNITY CLA USE:
Lessee will protect, defend, indemnify and save Lessor harmless from and after
the effective date of this lease from any and all losses, claims, causes of action
and demands of any kind or character arising from and after the effective date of
this lease, in favor of any person or entity for any reason whatever, directly
2
relating to or incidental to Lessee operations on the leased premises, including
Lessors attorney fees and court costs expended by Lessor.
It is expressly understood and stipulated that the assignment'.herein to City. shall not
include any rights under the Oil and Gas Lease owned or in favor of Glosser, other than those
specifically described herein as to the surface of the subject lands.
3. This Agreement shall be binding upon and inure to the benefit of City and Glosser, and
their respective heirs, devisees, successors and assigns.
I
4. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not apply to or affect any other
provisions hereof, and this Agreement shall be construed as if such invalidity, illegality or
unenforceability.did not exist.
5. This Agreement and its validity, enforcement and interpretation shall be governed by the
laws of the State of Texas and applicable United States federal law. THIS AGREEMENT IS
PERFORMABLE IN DENTON COUNTY, TEXAS AND THE SOLE AND EXCLUSIVE
VENUE RELATED TO ANY ACTION HEREUNDER OR RELATED HERETO SHALL LIE
EXCLUSIVELY WITHIN THE COURTS OF COMPETENT JURISDICTION LOCATED IN
DENTON COUNTY, TEXAS.
6. This Agreement may not be modified orally or in any manner other than by agreement in
writing, signed by the parties hereto or their respective successors and assigns.
IN WITNESS WHEREOF, this instrument is executed and effective as of the date set
forth above.
3
CITY OF DENTON, TEXAS
BY:
HOWARD MARTIN
ACTING CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: 4J JU~QA
APPR ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
By:
BILLIE P. GLOSSER, a single woman
4
i
ACKNOWLEDGMENT
THE STATE OF 'TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the -!~tay of 2012, by
Howard'lvlartin,'Acting"'City Manager of the City of Denton, Texas, on behalf of said municipality.
CHRISTINE A. DICK
Notary Public State of Tex Notary Public State of Texas
as
MY COMMISSION EXPIRES. My commission expires: ~j I-
March 2, 2013
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on 0~70(-> , 2012, by Billie P.
Glosser.
I
~f r xAS
July 21,0403 4Nary P lie, State of Texas
v F~V Uuniit I,xp•
•k°~ My co ission expires:
I
I
S
I
A EXHIBIT "A" to Surface Protection Agreement
rthur Surveying Co., Inc.
Professional Land Surveyors
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
147.85 Acre tract in'the
D. Davis Survey, Abstract No. 356
Page I of 5
FIELD NOTE,DESCRIPTION-FOR 147,85 ACRE TRACT:
BEING a 147.85 acre tract of land situated in the D. Davis Survey, Abstract No. 356, in
Denton County, Texas, and being a part of that certain tract of land described by deed to
First Interstate Bank of Fort Worth, N.A., Trustee, as recorded in Volume 2771, Page
452, of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being all
of that certain tract of land described by deed to Billie Gregory, as recorded in Volume
2771, Page 448, R.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at a " PK" nail set in asphalt -for the southeast corner of the herein
described tract, same being in the east line of said First Interstate Bank of Fort Worth
tract, same being the northeast corner of a tract of land described by deed to Henry L.
Evans, Jr., as recorded in Volume 4388, Page 22, R.P.R:D.C.T. , same being in the west
line of a tract of land described by deed to the City of Denton, as recorded in Volume
305, Page 216, of the Deed Records of Denton County, Texas, same being by call in the
east line of said Davis Survey and the west line of the W. Smith Survey, Abstract No.
188, same being within a north-south road commonly known as "Tom Cole Road", same
from which a capped %2 inch iron rod found for the southeast corner of said First
Interstate Bank of Fort Worth tract bears South 00 degrees 07 minutes 18 seconds East, a
distance of 300.02 feet;
THENCE South 89 degrees 13 minutes 45 seconds West, with the north line of said
Evans tract; a distance of 783.10 feet to a'/2 iron rod found for the northeast corner of a
tract of land described by deed to University Of North Texas System, as recorded in.
Document No. 2005-115038, R.P.R.D.C.T.;
THENCE South 88 degrees 54 minutes 28 seconds West, with the north line of said
University Of North Texas System tract, passing en route the northeast corner of a tract
of land described by deed to University Of North Texas System, as recorded in
Document No. 2006-155067, R.P.R.D.C.T., continuing on said course, passing the
easternmost northeast corner of a tract of land described by deed to Charles Turner and
wife, Clarice Turner, as recorded in Document No. 2006-121678, R.P.R.D.C.T.,
continuing on said course passing at a distance of 1624;54 feet a''/2 inch iron rod with
yellow cap stamped "ARTHUR SURVEYING COMPANY" set on line, continuing on
said course for a total distance of 1674.54 feet to a point within Hickory Creek, same
being an inner-ell corner of said Turner tract;
- i
EXHIBIT "A" to Surface Protection Agreement
Arthur Surveying Co., Inc.
.PrpFcssional Land Surveyors
B.O. $ox 54 Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
147.85 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 2 of 5
THENCE with the east line of said Turner tract and generally along or near the center of
said Hickory Creek, the following three (3) courses and distances:
1) North 27 degrees 3 8 minutes 20 seconds East, a distance of 122.47 feet;
2).North 11 degrees 33 minutes 33 seconds East, a distance of 169.39 feet;
3) North 45 degrees 22 minutes 33 seconds East, a distance of 108.00 feet for the
northernmost northeast corner of said Turner tract;
THENCE North 89 degrees 41 minutes 27 seconds West, with the north line of said
Turner tract, passing at a distance of 150.00 feet a %Z inch iron rod with yellow cap
stamped "ARTHUR SURVEYING COMPANY" set on line, continuing on said course
for a total distance of 43 8.60 feet to a %2 inch iron square bar found for corner in the east
line of a tract of land described by deed to University Of North Texas, as recorded under
County Clerk's File No. 96-R0009770, R.P.R.D.C.T.;
THENCE North 00 degrees 13 minutes 45 seconds East, with the east line of said
University Of North Texas (C.C.F.# 96-R0009770), a distance of 1325.68 feet to a fence
corner post found for a salient corner thereof;
THENCE North 02 degrees 06 minutes 51 seconds West, continuing with the east line of
said University Of North Texas (C.C.F.# 96-R0009770),.a distance of 728.27 feet to a 10
inch steel fence corner post found for the northeast corner thereof, same being the
northeast corner of a tract of land described by deed to Joe Don Womack, as recorded
under County Clerk's File No. 93-R0026909, R.P.R.D.C.T., same being in the south line
of a tract of land described by deed to Nucon Steel Commercial Corporation, a Texas
Corporation, as recorded in Volume 5255, Page 5740, R.P.R.D.C.T., same being by call
in the north line of said Davis Survey and the common south corner of the A. Mays
Survey, Abstract No. 844 and the W. Davis Survey, Abstract No. 377;
I
I
EXHIBIT "A" to Surface Protection Agreement
A'rthur Surveying Co., Inc.
Professional Land surveyors
P.O. Box 54 Lewisville, Texas 75067
Offica: (972) 221-9439 - Fax: (972) 221-4675
147.85 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 3 of 5
THENCE North 89 degrees 09 minutes 16 seconds East, with the south line of said
Nucon Steel Commercial Corporation tract, passing at distances of 855.17 feet and
1960.70 feet %2 inch iron rods found for the northwest and northeast corners of said
Gregory tract, continuing on said course for a total distance of 2745.00 feet to a fence
corner post found for the southeast corner of said Nucon Steel Commercial Corporation
tract, salve being in the west line of a tract-of land granted to the City of Denton, as
described and recorded in Volume 1675, Page 546, R.P.R.D.C.T., and being within said
Tom Cole Road;
THENCE South 00 degrees 07 minutes 18 seconds East, with the west line of said City
of Denton tract (Vol. 1675, Pg. 546), passing en route the northwest corner of said City of
Denton tract (Vol. 305, Pg. 216), continuing on said course for a total distance of 2404.19
feet to the POINT OF BEGINNING and containing a total of 147.85 acres of land,
more or less, and being subject to any and all easements that may affect.
OHM M. WU 9' LU
J O&M. Russell, R.P.L.S.
No. 53051
Date: 2 • Z (o ' 2 O / 2.
EXHIBIT "A" to Surface Protection Agreement
~co
~ co BOUNDARY EXHIBIT
I ; ---approxlmate location W Davis Survey,
try of Survey Line 1
Abstract No. . 377
1
Ri t Nucon steel commercial Corporation,
I ' a Texas Corporation
I Vol. 5255, Pg. 5740
r Q I C.M.- t
t C.M.
10' STEEL I.R.F. - I F.C.P.
F.C.P.
- - isea7o• -
M17' L9 SCALE
Joe Don Billie Gregory 1500'
Womack Vol. 2771, Pg. 448
C,C.F. No.
93-8002690911 City Te Denton,
- 11 OD
Vol. 1675, Pg. 546
C.M.-
F.C.P. 147.85 Acres
r~ r-t
to remainder of
°x I First Interstate Bank o
m 1 of Fort Worth, N.A., Trustee J
X °oo Vol. 2771, Pg. 452
Z to J tGl
0 0
~ 6 I D. Davis Survey, I F-11
I Abstract No. 356 I
~U _A--_-
ap
f .O.B. lu 00
C.M.- L615o.oo" 147.85 1
1/2e IRON I.R.S. L5 PROPERTY CORNERS TRACT I v,
SQUFND BAR FALL IN CREEK C M N Fy
Ell
L4 L3 I.R.F. L1 ,P SETAIL U
1624.54' L2 _
I.R.S. TV Nenry L. Evans, Jr. 1 m~ 00
I C M - Charles Turner and wife, Clarice Turner 1 I NO Val. 4388, Pg. 22 Doc. No. 2006-121678 NO FND. IN
'CONCRETE s eaiW2 v ~7as.~f_ _ _ _ y _ S °°73'~".!v_ =et•ee_ _
- - - I.R.F. C.M.- City of Denton,
The Stratford Company, L.P. I.R.F. Texas
Doc. No. 2005-12274 University Of North University Of North W/CAP 1 Vol. 3051 Pg. 216
Texas System Texas System I
A. Madden Survey, Doc. No. 2006-155067 Doc. No. 2005-115038
Abstract No. 851.
Date: 08-31-12 LEGEND y
C.M-Controlling Monument; I.RF=Iron RodFound; I.P.F-Iron Pipe Found;
ASCNo. 1208277.2 F.C.P.° Pence Comer Post. I.R,S-Iron Rod Set -12"diameter with yellow cap yP'~'
stamped "ARTHUR SURVEYING COMPANY". All found iron rods are 12" ~C.•'' 1 TI.
Drawn/Chk SJMVJM diameter unless otherwise noted. F.~' ~'9Fgt3~
Client CityofDenton Note; 4..~9t7Fj~! 5~~EL~
-This survey was prepared without the benefit of a title search, therefore no search
ofrecordedcasements was performed onsubjectproperty. -'0 •-d
Arthur Surveying Co., Inc. Improvements on subject tract and adjoiners not shown.
P~damr ~'~1~;:I•: ;~sl'~~
P.a.BOz 54 - Low4tIDk Z~ 15~
am". (tom) %==M Fit-sem
SHEET 4 of 5
i
EXHIBIT "A" to Surface Protection Agreement
- i
BOUNDARY EXHIBIT
LINE TABLE
L1 S 89°13'45" W 783.10
L2 S 88°5428" W 1674.54'
-L3 N 27°38'20" E 122.47'
L4 N 11 °3333" E 169.39'
L5 N 45°22'33" E 108.00'
L6 N 89°41'27" W 438.60'
L7 N 00'13'45" E 1325.68'
L8 N 02°06'51 " W 728.27'
L9 N 89'09'16 E 2745.00'
L10 S 00°07'18" E 2404.19'
Date: 08-31-12 LEGEND
C,M=Controlling Monument; I.R.F.-Iron Rod Found;I.P.F=Iron Pipe Found;
ASCNO. 12082772 F.C.P.=Fence Comer Post. I,R.S.°Iron Rod Set - W" diameter with yellow cap
stamped "ARTHUR SURVEYING COMPANY". All found 'von rods are la'
Dlawn/Chk SVe1WJ1V1R diameter unless otherwise noted.
Client City ofDonton Nate;
-This survey was prepared without the benefit of a title search, therefore no search
of recorded easements was performed on subject property,
rthur Surveying Co., Inc. Improvements on subject tract and adjoiners not shown.
AO 8oz 64 - LwLdIM, 7nu 76067
Ottloe: (97R) pAtabtLh+1 lY E~~ YSi-{676
m~ouHrthm~mTS~tn~.oom
SHEET 5 of 5
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
I
i
70 201 2 001 X7105
Instrument Number: 2012-147185
As
Recorded On: December 31, 2012 Agreement
Parties: CITY OF DENTON TEXAS Billable Pages: 11
To Number of Pages: 11
Comment:
( Parties listed above are for Clerks reference only
Examined and Charged as Follows:
Agreement 56.00
Total Recording: 56.00
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2012-147185
Receipt Number: 986172 TITLE RESOURCES
Recorded Date/Time: December 31, 2012 08:16:58A WILL CALL
DENTON TX 76202
User / Station: D Kitzmiller - Cash Station 2
THE STATE OF TEXAS)
COUNTY OF DENTON }
r I hereby certify that this instrument was FILED in the File Number sequence on the dateltime
printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
County Clerk
1..~.~`Denton County, Texas
I
I
D F1
File No.: 111703 Policy No. 91143 - 8298 Premium: $9,020.60
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the
Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the
Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed,
acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records
including failure to perform those acts by electronic means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental
authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land.
The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto
the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of
Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of
the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance in whole or in part, or from a court order providing an
alternative remedy, of a transfer of all or any part of the title to or any interest in the Land
occurring prior to the transaction vesting Title as shown in Schedule A because that prior
transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state
insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a
preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws
by reason of the failure of its recording in the Public Records:
(1) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument
of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
GU,, Penh rifle Resources Guaranty Company
AV t4 ~
0
k~ By: P,,.~ me 5~,=
Ayf*- *Mkft 1 L.1 C Executive aVice ~President r~
f 1119 L.
5 S. Look 288, Ste 125 ~~~vj/ A secretaryForm T-1: Owner's Pc1U ,110GlC 1 0 V4515VI lly 111 1 WA-) Effective 2/01/2010
i
TLTA T-1 OWNER'S POLICY (2/l/10) Policy No.: 91143-8298
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE A
Name and Address of Title Insurance Company: TITLE RESOURCES GUARANTY
COMPANY
8111 LBJ Freeway, #1200, Dallas, TX 75251
File No.: 111703 Policy No.: 91143-8298
Amount of Insurance: $1,500,000.00 Premium: $9,020.60
Date of Policy: December 31, 2012
1. Name of Insured:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is insured as vested in:
CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation
4. The Land referred to in this policy is described as follows:
Being two (2) tracts of land situated in the D. Davis Survey, Abstract No. 356, Denton County, Texas,
described in Exhibit "A" of Tract I and II attached hereto and made a part hereof for all purposes.
Note: The Company is prohibited from insuring the area or quantity of the land described herein. Any
statement in the above legal description of the area or quantity of land is not a representation that such area
or quantity is correct, but is made only for informational and/or identification purposes and does not
override Item 2 of Schedule B hereof.
File No.: 111703 Page 1 of 3
08 TLTA - T-1 Owner's Policy
EXHIBIT "A"
i
Arthur Surveying Co,, Z rec.
--r'Of e.9si .txat.31and Surveyms
P.O. Box 54-Lowlevillu, Taxers 75067
Oftiaa: (972) 221-9439 Far- (972) 221-4675
TRACTI
141.65 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 1 of 6
FIELD NOTE DESCRIPTION FOR TRACT 1:
BEING a 141.65 acre tract of land situated in the D. Davis Survey, Abstract No. 356, in
Denton County, Texas, and being a part of that certain tract of land described by deed to
First Interstate Bank of Fort Worth, N.A., Trustee, as recorded in Volume 2771, Page
452, of the Real Property Records of Denton County, Texas (R.P.R.D.C.T,), and being
more particularly described as follows:
BEGINNING at a ?V nail set in asphalt for the southeast corner of the herein
described tract, same being in the east line of said First Interstate Dank of Fort Worth
tract, same being the northeast corner of a tract of land described by deed to Henry L.
Evans, Jr. , as recorded in Volume 4388, Page 22, RP.R.D.C.T. , same being in the west
line of a tract of land described by deed to the City of Denton, as recorded in Volume
305, Page 216, di the Deed Records of Denton County, Texas, same being by call in the
east line of said Davis Survey and the west line of the W. Smith Survey, Abstract No.
188, same being within a north-south road commonly known as "Tom Cole Road", same
from which a capped % inch iron rod found for the southeast corner of said First
Interstate Bank of Fort Worth exact bears South 00 degrees 07 minutes 18 seconds Last, a
distance of 300.02 feet;
THENCE South 89 degrees 13 minutes 45 seconds West, with the lxorth line of said
Evans tract, a distance df 783.10 feet to a %z iron rod found for the northeast comer of a
tract of land described by deed to University Of North Texas System, as recorded in
Document No. 2005=115038, R.P.R.D.C.T.;
THENCE South 88 degrees 54 minutes 28 seconds West, with the north line of said
University Of North Texas System tract, passing en route the northeast corner of a tract
of land described by deed to University Of North Texas System, as recorded fi
Document No. 2006155067, R.P.R.D.C.T., continuing on said course, passing the
easternmost northeast corner of a tract of land described by deed to Charles Turner and
wife, Clarice Turner, as recorded in Document No. 2006-121678, R.P.R.D.C.T.,
continuing on said course passing at a distance df 1624.54 feet a % inch iron rod with
yellow cap stamped "ARTfM SURVEYING COMPANY" set on line, continuing on
said couise for a total distance of 1674.54 feet to a point within Hickory Creek, same
being an inner-ell corner of said Turner tract;
EXHIBIT "A' i
rthur Survey'
Co., Inc.
Ing
Profes~ione,C Land Surveyors
P.O. Box $4-Lewisville, Texas 73467
off aw (972) 221-9439 - 11ax; (972) 221.4675
TRACT I
141.65 Ache tract in the
D. Davis Survey, Abstract No. 356
Page 2 of 6
THENCIi witli the east line of said Turner tract and generally along or near the center of
said Hickory Creels, the following three (3) courses and distances;
1) North 27 degrees 38 minutes 20 seconds East, a distance of 122.47 feet;
2) North 11 degrees 33 minutes 33 seconds East, a distance of 169.39 feet;
3) North 45 degrees 22 minutes 33 seconds East, a distance of 108,00 feet for the
northernmost northeast corner of said Turner tract;
THE,11CE North 89 degrees 41 minutes 27 seconds West, with the north line of said
Turner tract, passing at a distance of 150.00 feet a %2 inch iron rod with yellow cap
stamped "ARTHUR SURVEYING COMPANY" set on line, continuing on said course
for a total distance of438.60 feet to a % inch iron square bar found for corner in the east
line of a tract of land described by deed to University Of North Texas, as recorded under
County Cleric's File No. 96-R0009770, R.P.R.D,C.T,;
THE NCE North 00 degrees 13 minutes 45 seconds East, with the east line of said
University Of North Texas (C.C.F,# 96-R0009770), a distance of 1325.68 feet to a fence
corker post found for a salient corner thereof;
it
THENCE North 02 degree's 06 minutes 51 seconds West, continuing with the east line of
said University Of North Texas (C.C,F,# 96-R0009770), a distance of 728.27 feet to a 10
inch steel fence corner post found for the northeast corner thereof, same being the
northeast comer of a tract of land described by deed to Joe Don Womack, as recorded
under County Clerk's File No. 93-R0026909, R,P.R,D.C.T., same being in the south line
of a tract of land described by deed to Nucon Steel Commercial Corporation, a Texas
Corporation, as recorded in Volume 5255, Page 5740, R.P.R.D.C,T., same being by call
in the north line of said Davis Survey and the common south corner of the A. Mays
Survey, Abstract No. 844 and the W. Davis Survey, Abstract No. 377;
i
I
I
• EXHIBIT "A"
Arthur Surveying Co., Inc.
xk-ofasslonal Maud Surveyors
P.O. Box 54 -Lowlsvillo, Taxes 7,5067
offiuo; (972) 221-9439 Fax. (972) 221-9675
TRACT I
141.65 Acre tract in the
D. Davis Survey, Abstract No.. 356
Page 3 of 6 '
THENCE North 89 degrees 09 minutes 16 seconds East, with the south line of said
Nucon Steel Commercial Corporation tract, a distance of 855.17 feet to a 1/2 inch iron rod
found for the northwest corner of a tract of land described by deed to Billie Gregory, as
recorded in Volume 2771, Page 448, R.P,R.D.C.T.;
THENCE departing the south line of said Nucon Steel Commercial Corporation tract and
traversing over and across said First Interstate Bank of Fort Worth tract and with the
westerly and southerly and easterly boundary lines of said Gregory tract, the following
six (6) courses and distances:
1) South 00 degrees 51 minutes 19 seconds ]cast, a distance of 198.44 feet to a'/2 inch
iron rod found for corner,
2) South 40 degrees 32 minutes 26 seconds East, adistance of 165,54 feet to a %2 inch
iron rod found for corner;
3) North 89 degrees 08 minutes 10 seconds East, a distance of 469.60 feet to a Y2 inch
iron rod found for coiner;
4) North 52 degrees 02 minutes 54 seconds East, a distance of 206.38 feet to a 12 inch
iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner;
5) North 66 degrees 38 minutes 52 seconds East, a distance of 395.77 feet to a %2 inch
iron rod found for corner;
6) No1th'00 degrees 54 minutes 20 seconds West, a distance of 49.66 feet to a'/2 inch iron
rod found for cooler in the south line of said Nucon Steel Commercial Corporation tract;
THENCE North 89 degrees 09 minutes 16 seconds East, with the south tine of said
Nucon Steel Commercial Corporation tract, a distance of 784.31 feet to a fence corner
host found for the southeast corner of said Nucon Steel Commercial. Corporation tract,
same being in the west line of a tract of land granted to the City of Denton, as described
and recorded in Volume 1675, Page 546, R.P.R.D.C.T., and being within said Tom Cole
Road;
EXEMIT "A"
Arthur Surveying Co,, Inc.
ProfessidnalZan d Surveyors
P.O. Box 54 - Lowlev1110, Tema 75067
Offiow (972) 221-9439 - S4x: (972) 221-4675
TRACTI
141.65 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 4 of 6
THE, NCE South 00 degrees 07 minutes 18 seconds East, with the west line of said City
of Denton tract (Vol. 1675, Pg. 546), passing on route the northwest corner of said. City of
Denton tract (Vol. 305, Pg. 216), continuing on said course for a total distance of 2404.19
feet to the POINT OF IM GINNING and containing a total of 111.65 acres of land,
more or less, and being subject to any and all easements that may affect.
Ira:O
X
JoZ iaia lUl.lUS~+l.I.
hn M. ussall R.P.L.S. <
o. 5305
Date:
i
EXHOIT "At'
0
i'
BOUNDARY EXHIBIT
~appr01,11 a location W Davis Swrvgv, I I
I ~1 of Survey Line I 1
(typleal> Abstract No. 377
I Nucon Steal Commercial Corporatlon, (A J
jl a Texas Corporatton I f
I Vol, 5255, Pg. 57+40 1
I C.M.N t C,M,N 1
110" STEEL
I.R.F.
F.C.P. bR,F.
Joe Do L10 91111o Gregory LR.F. L15 . SCALE
n Vol. 2771, Pg. 448 1"=SOD'
Womaolt 0
C.C.F. No, I.R.F. I,R.S. L14
93-ROO26909 ` t City of Denton,
00 L11 I.R.F. L12 6R,F, L13 Texas
Vol. 9875, Pg. 546
G,M.N t ~ f^ i G1
0 eel
E-t-i d'
TRACT I '
m t remainder of N § :4
First Interstate Bank 0
o of Fart Worth, N.A,, Trustee r t
Vol. 2779, Pg. 452
141.66 Acres
w~
t D. Davis Sc.Ys t C-+
t Abstract No, 356 t
g ; 00
L6 tco.oo' 0
1/R"AIRON LR,S. P•O.g, I M
SQUARE BAR L5 PROPERTY CORNERS TAT C/]
FND. L9 FALL IN CREEK O.M.-
L3 1t3za.5a' L2 I.R.F. L1 'PK' NAIL
SET
I.R,S, I I $ Henry L Evans, Jr, I 114
Charier Tumor and wife, Cforiae Tumor 1 Vol. 4388, Pg
c . 22 l
,M. Doc. No. 2006"-121678 ' il CONCRETE EVE)' IL w_ , "Ge _ y
I,RA O'M''" City of Denton,
The Stratford Company, LP, WI~R P Texas
Doc, No. 2005-12274 Unlvarslty Of North Gnivoralty Of North 1 Vol, 305, Pg, 216
Texan System Texas System 1
A, Madden Survey, Doo, No, 2006-159067 Doc. No. 2005'-115038
Abstract No. 851
DA 08"3142 LEGEND
C.M,nControlling Monumonl; 13LF.dLonRodFound, I.P.P.-wripaPound; r t
A,SCNo. 12011277.2 F.C.P.••PencoComerPoel. LRS-IroaRod Set- Ih"dimelCrwhhyallowcap ..•''`$'r ~.`~i
Clamped'A1trfIUR9URVIIYiNO COMPANY', Allfom,d uonsods tua 1/1•
DravmlChk SPVAWAM d(omeleranfessoRtenyGonoled
aal++,.....
Client C1tyofDeston Note: J014NM..HUSSrLL..e~
-Tills6=cywasprapacedwltbootthe benefit ofoIhloCeamlL dletafomnosa & ~
- Lnpm
I' IUPSlttlf8}►111~~4,, ~nh, amenlswaspotdonaubj
own. ~ y
A l++++t~~4~~~~,yyp~, nc ~dpfOVannentamenta art subject lmM faid OndndJolnarC riot nol shoym -
.LZpf~lAi,O r.,,.yw~ a J
lA.Ba>< 6{ ~ , 1YCrr~ 700
OMNI (M) InIII-ow >v~vn) mi-67irdi.
mfJourrCleuntlCrq#o~,aap+ ~~~'~~C
81ABT506
I~
EMBYT "Alf
BOUNDARY BXMBIT
LINE TABLE
L1 S 89°13'45". W 783.10
L2 S 88°54'28" W 1674.544'
L3 N 27°38'20" E 122.47'
L4 N 11 °33'33" E 169.39'
L5 N 4.5°22'33" E 108.00'
L6 N 89°41 27' W 438.60'
L7 N 00'13'45" E 1325.68'
L8 N 02°06'51' W 728,27'
L9 N 89°09'16" E 855■17'
L10 S 00'51'1 9E 198.44'
L11 S 4.0°32'26" E 165.54
L12 N 89'08'10" E 469.60'
L13 N 52°0254" E 206.38
L14 N 66°38'52" E 395.•77'
L15 N 00"54'20" W 49.66'
L16 N 89°0916" E 784.31'
L17 S 00°0718 E 240419'
Dato, 08-31-12 LHOEND
C.M-Conhvlling Monument; LRA:,ImnRodPound; LPX-IMnplpOFound;
MONO. 12082772 F.C.P.-FeoaoCwacrPas4 I.R. -lsoaRad Set-1W diameter williyollowtnp
slompod "ARTHUR SURVOYINQ COMPANY'. All found iron rode aro 1f2'
DrwalChk SWWJM dlnmelarunlmsotherwlsenotcd
Chant CityofDenton NOW
-This uuvey was pro paoed without lho bcncfilofo doo goaa% Otcrolaro no ayach
- Dapr
1~~IUPr1N~y111 ~`4,,~IlC■ rdcdeaecwemowmpoetnersldwwry.
k fly JmpravementsMnsubjcattrnctend sdjadjoGnmrs nalchowrt
Patat6athmtuf ~aod 8r1a7e~lartt
PA.Rot Oi - ■ 4rraa 40"67
OWN$ (MUM ~Clatj 211- 0
mmrrr0'1o/•eom
SBERT 6 ofd
i
` EXMBXT "Arf
Arthur Surveying Coq Inc.
P,~tiofessiaxtal L~ucr Surveyors
P.O. Box 54 _jAwisvlllo, Tom 75067
Office: (972)221-9439 - V= (972) 221-4675
TRACT H
6.200 Acre tract in the
D. Davis Survey, Abstract No. 356
Page 1 of 4
FIELD NOTE DESCRIPTION FOR TRACT IIa
BEING a 6.20 acre tract of land situated in the D. Davis Survey, Abstract No. 3 56, in
Denton County, Texas, and being a part of that certain tract of laiid described by deed to
rust Interstate Bank of Fort Worth, N.A., Trustee, as recorded in Volume 2771, Page
452, of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being all
of that certain tract of land described by deed to Billie Gregory, as recorded in Volume
2771, Page 448, R,P.R,D,C.T., and being more particularly described as follows:
BEGINNING at a % inch iron rod found for the northeast corner of the herein described
tract, same being in the south line of a tract of land described by deed to Nucon Steel
Commercial Corporation, a Texas Corporation, as recorded in Volume 5255, Page 5740,
R.P.R.D.C.T., same being in-the north line of said First Interstate Banl~ of Fort Worth
tract, same being the northeast corner of said Gregory tract, same being by call in the
north line of said Davis Survey and the south line of the W. Davis Survey, Abstract No.
377, same from which a fence corner post found for the eastern common corners of said
Nucon Steel Commercial Corporation tract and First Interstate Bank of Fort Worth tract
bears North 89 degrees 09 minutes 16 seconds East, a distance of 784.31 feet;
THENCE departing the south line of said Nucon Steel Commercial Corporation tract and
traversing over and across said First Interstate Bank of Fort Worth tract, the following six
,(6) courses and distances:
1) South 00 degrees 54 minutes 20 seconds East, a distance of 49.66 feet to a %2 inch iron
rod found for corner;
2) South 66 degree's 38 minutes 52 seconds West, a distance of 395.77 feet fo a Y2 inch
iron rod with yellow cap stamped "ARTHUR SURVEYING COMPANY" set for corner;
3) South 52 degrees 02 minutes 54 seconds West, a distance of 206.38 feet to a %2 inch
iron rod found for corner
4) South 89 degrees 08 ininutes 10 seconds West, a distance of 469.60 feet to a %2 inch,
iron rod found for corner;
I
I
EYCMIT "A"
I
Arthur Surveying Co., Inc,
.Pzo~!iesssiot2a.I JGsnaT Suxveyars
i
P.O. Box 54 « Lewisville, Texan 75057
Offivo; (972) 221-9439 - Faxt (972) 22111675
TRACT H
6.200 Acre tract in the
D. Davis Survey, Abstract: No. 356
Page 2 of 4
5) North 40 degrees 32 minutes 26 seconds West, a distance of 165.54 feet to a Mt inch
iron rod found for corner;
6) North 00 degrees 51 minutes 19 seconds West, a distance of 198.44 feet to a %2 inch
iron rod found for corner in the south line of said Nucon Steel Commercial Corporation
tract, same fiom which a 10 inch steel fence coiner post found for the northwest coiner of
said First Interstate Bank of Fort Worth tract bears South 89 degrees 09 minutes 16
seconds West, a distance of 855,17 feet;
THENCE North 89 degrees 09 minutes 16 seconds East, with the south line of said
Nucon Steel Commercial Corporation tract, a distance of 1105.53 feet to the POINT OF
GMUNG and containing a total of 61200 acres of land, more or less, and being
BE
subject to any and all easements that may affect,
1.................
JQMN . Russet;
ohn M, ussell, R.P.L.S.
No. 5305
Date: 12.. zL -Z-01 Z~
t '
t
I
i
' EXEHBIT "A"'
13OUNDARY E BIT I
O l t i
I ~pproxlmate (oaailon W . Davis Sai vey,
of survey Line t
(iyplael) Abstract No. 377 I
Nucon steel Commdraial corporation, (,7r I
a Texas Corporation
I Vol: 5255, Pg. 57+40 I
~t l c.M.N i c.M.N 1
~I 1le Sum I.R.F. N amnsI C -I. F_C,R
F .0,P. s owma• w =7' I.R.F.
L6 L7 L2 L1 SCALE
Jos Do L3 P.O.B. 1 =soo
C C.F. No. t I.R.F. L5
93-00261209111 L TRp►C~ 1 City of Denton,
II I.R.F. I.R.F. Texas
~i i Vol. 1676, Pg. 546
I 7RAC7II
C,M.N Billie Gregory C\
F.C.P. Vol, 2771, Pg. 448 0
6,200 Aores d"
I' I
y t7 I remainder of ; a
► First interstate Bank I C
F- m of Fort Worth, N.A., Trustee m 1
e I Vni. 2771, Pg, 452
a I I
z I D, Davis Survey, I R
s Abstract No, 356 `
C.M,N 9so,oo' 1 t-l
112" IRON I.R.S. PROPERTY CORNERS t
SQUARE
BAR FALL IN CREEK O.M.N ►
MD.
I.R.F. 'PK' NAILj
162R,84 _ SET
F
I Charles Turner and wife, Clarice Turner ► ► I Henry L. Evone, Jr. I
~C,M.N Doc, No. 2008-12167x3 ► ► I Vol. 4366, Pg, 22 I
Xt IN
CONCRETE
C'M'N City of Denton,
The Stratford Company, L. P. /OA Texas
Doc. No. 2005-12274 University of North University Of North wOAP I Vol, 305, Pg. 216
Texas System Texas Systom
A, Madden (Su1."V'Ey~ Doc, No. 2006--155067 Roo. No. 2005-'115035
Abstract No. 851
Date: 08-31-12 LEOWD
C.M-Contralling Monumanl; tRT ~TronRadPound;J.P.F.~JronPtppFound; lj~l,.. . ►
ASCNo, 1208277-2 P.C,P.-panaacornerPosL t.R5,-Iron Rod Sit. In dlenmlMwllhyt0awaap (p1 t~iq''' ~f
slampad•ART11URSURVEYWOCOMPANY'.Allfound Iron rods areltd' rQ~li fi0t(~
Drg4vA/G7tk SWID?/.im diemoterunlossolhetwlsonoted
Client CltyofDonion Nola;
-Thh so my wes pmpared without the benefit orn dda nearA thenfwa no reach 5305 V
A ~,}(~`~fp rn ofrcpordedaasemantewarpcrfannsdonapbjalpropcrty.
~Fp b]tjly{e W, Il1nG, lrninowunentsonsubject tract andotlolamnotshown. raeec ~ - srzer srooar ~
amwr (Y7I) tam +o oml jai-+am
SHEST 3 of4 eam f F&,'zv _
M
]CUM BIT "All
BOUNDARY EXHIBIT
I
LINE TABLE
L3 S 00'54'20" E 49.66
L2 S 66038'52" W 395.77'
L3 S 52°02 54' W 206.38'
L4 S 89°06'10" W 469.60'
L5 N 40°32'26 W 165.54'
L6 N 00°51'19 W 198,44'
L7 N 89°09'16" E 1105.53'
Data; 08-91.12 LSGBND
C.K-Controltio6 Moaumont, I.",-Iron RodYound7mnPlpoFound;
ASCNO, 1208277*2 11Z...re.C.Post. LkS=lml%RodSet- 12'diemalaivlthyellmop
s=,d'A11T11URsU llYINOCOMPANY'.AlllbundlmnmdsamlM
Dmwil/Chk SWRNJAM diwnekruatoseodrmvleenaUxt
CdlBllt Cityaf'.Dtlntan Nolo:
-Tkris etuvey was propsred wil4oul t6o benafilof a thle aemo141herofaro nn ees>ch
rthur a ~C'j kn, -Impov=o mmrn afaemedorttuopedy.
U V -ImprovcmonlaMSubjU6fect ectDraotandadJatne tgrsnaksnatslaw,t
-t w*md*ulXassdBlswoa=s
Man 04 - ZaWWM*# Tom To"
mul (M) p MU>n (tt7A) IML-1>f7tS
a umaul>rroa+ImltACM
S1-MOT 4 o£4
i
TLTA T-1 OWNER'S POLICY (2/1/10) Policy No.: 91143-8298
TITLE RESOURCES GUARANTY COMPANY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees
or expenses) that arise by reason of the terms and conditions of the leases and easements, if any shown in
Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert
specific recording data or delete this exception):
Item No. 1 is hereby deleted.
i
2. Shortages in area.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including but not limited to, persons, the public,
corporations, governments or other entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams,
lakes, bays, gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any
government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of
access to that area or easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2013, and subsequent
years; and subsequent taxes and assessments by any taxing authority for prior years due to change in
land usage or ownership, but not those taxes or assessments for prior years because of an exemption
granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters
(The Company must insert matters or delete this exception):
a. Rights of third parties with respect to those portions of the subject property which lies within the boundaries
of Tom Cole Road, as shown on survey dated August 31, 2012, prepared by John M. Russell, RPLS #5305.
(Both tracts)
b. Easement executed by OTIS E. BURROW and wife, LENA MAE BURROW to DENTON COUNTY,
TEXAS filed June 24, 1944, recorded in Volume 306, Page 459, Deed Records of Denton County, Texas;
as shown on survey dated August 31, 2012, prepared by John M. Russell, RPLS #5305. (Both tracts)
c. Easement executed by W.L. MORRIS and wife, LAURA MORRIS to DENTON COUNTY ELECTRIC
COOPERATIVE, INC. filed February 2, 1954, recorded in Volume 403, Page 358, Deed Records of
Denton County, Texas.(Blanket Easement) (FIX LOCATION WITH PARTIAL RELEASE)
d. Easement granted to TEXAS POWER & LIGHT COMPANY by WILLARD L. FEUCHT etal as set out in
Certified Copy of Judgment filed February 3, 1970, recorded in Volume 597, Page 681, Deed Records of
Denton County, Texas; as shown on survey dated August 31, 2012, prepared by John M. Russell, RPLS
#5305. (Tract 1)
File No.: 111703 Page 2 of 3
08 TLTA-T-1 Owner's Policy
TLTA T-1 OWNER'S POLICY (2/1/10) Policy No.: 91143-8298
e. Easement executed by WILLARD L. FEUCHT and wife, AUDREY FEUCHT to TEXAS MUNICIPAL
POWER AGENCY filed March 22, 1982, recorded in Volume 1132, Page 923, Deed Records of Denton
County, Texas; as shown on survey dated August 31, 2012, prepared by John M. Russell, RPLS #5305.
(Tract I)
f. Easement executed by BILLIE GLOSSER and WELLS FARGO BANK, N.A. (FORMERLY KNOWN AS
FIRST INTERSTATE BANK OF FORT WORTH, N.A.), TRUSTEE to SOUTHWESTERN GAS
PIPELINE, INC. filed March 12, 2002, recorded in Volume 5041, Page 1833, Real Property Records of
Denton County, Texas; as shown on survey dated August 31, 2012, prepared by John M. Russell, RPLS
#5305. (Tract 1)
g. Easement executed by BILLIE GLOSSER to SOUTHWESTERN GAS PIPELINE, INC. filed April 29,
2003, recorded in Volume 5321, Page 3446, Real Property Records of Denton County, Texas.(Blanket
Easement) (FIX LOCATION WITH PARTIAL RELEASE)
h. Easement executed by WELLS FARGO BANK, N.A. (FORMERLY KNOWN AS FIRST INTERSTATE
BANK OF FORT WORTH, N.A.), TRUSTEE and BILLIE GLOSSER to TRIO CONSULTING &
MANAGEMENT, LLC filed June 19, 2003, recorded in Volume 5357, Page 5054, Real Property Records
of Denton County, Texas; as shown on survey dated August 31, 2012, prepared by John M. Russell, RPLS
#5305. (Tract I)
i. Mineral lease granted by BILLIE P. GLOSSER to SIGNAL OIL AND GAS COMPANY described in
instrument filed October 26, 2001, recorded in Volume 4952, Page 794, Real Property Records of Denton
County, Texas. Amendment filed November 15, 2001, recorded in Volume 4965, Page 2878, Real Property
Records of Denton County, Texas. (Title to said interest not checked subsequent thereto.)
j. Mineral Estate and Interest described in Mineral Deed from WELLS FARGO BANK, N.A., TRUSTEE OF
IRA TRUST #514-0040-00 (FORMERLY KNOWN AS FIRST INTERSTATE BANK OF FORT
WORTH, N.A., TRUSTEE OF THE BILLIE GREGORY IRA ROLLOVER) to BILLIE PERLE
GREGORY GLOSSER filed August 16, 2001, recorded in Volume 4902, Page 1801, Real Property
Records of Denton County, Texas. (Title to said interest not checked subsequent thereto.)
k. Surface Settlement Agreement Glosser Oil and Gas Lease dated December 28, 2012, filed December 31,
2012, CC# 2012-147182, Real Property Records of Denton County, Texas. (Title to said interest not
checked subsequent thereto.)
1. Mineral Estate and Interest described in instrument filed December 31, 2012, CC# 2012-147183, Real
Property Records of Denton County, Texas. (Title to said interest not checked subsequent thereto.) TRACT
I
in. Mineral Estate and Interest described in instrument filed December 31, 2012, CC# 2012-147184, Real
Property Records of Denton County, Texas. (Title to said interest not checked subsequent thereto.) TRACT
II
n. Surface Protection Agreement dated December 28, 2012, filed December 31, 2012, CC# 2012-147185,
Real Property Records of Denton County, Texas. (Title to said interest not checked subsequent thereto.)
o. Riparian or water rights, claims, or title to water whether or not shown by the public records, as to the most
Southern West boundary line.
p. Fence protrusion on North and West boundary lines; fence encroachment on the West, South and East
boundary lines; power lines, poles, guy wires, utility risers, well shaft, gas wells, gas line markers, ponds
and creek and cross fences in place; fence and gravel drive encroachments into the gas and utility
easements; as shown on survey dated August 31, 2012, prepared by John M. Russell, RPLS 5305.
File No.: 111703 Page 3 of 3
08 TLTA-T-1 Owner's Policy
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or
relating to:
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as
shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of
Unmarketable Title.
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section
8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(1) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal
representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate
planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any
predecessor Insured.
(e) "Insured Claimant": an Insured claiming loss or damage.
(f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records
or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.
(1) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental
protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located.
0) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the
Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest
in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall
have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the
Insured of either
(i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall
come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the
Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. When, after the Date of the Policy, the
Insured notifies the Company as required herein of a
lien, encumbrance, adverse claim or other defect in Title insured by this policy that is not excluded or excepted from the coverage of this policy, the
Company shall promptly investigate the charge to determine whether the lien, encumbrance, adverse claim or defect or other matter
is valid and not barred by law or statute. The Company shall notify the Insured in writing, within a reasonable time, of its determination as to the validity
or invalidity of the Insured's claim or charge under the policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not
covered by this policy, or was otherwise addressed in the closing of the transaction in connection with which this policy was issued, the Company shall
specifically advise the
Insured of the reasons for its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall
take one of the following
actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii) indemnify the
Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent
owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien,
encumbrance, adverse claim or
defect, said policy to be in an amount equal to the current value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title
insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or
defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i)
through (v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that
the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by
this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy
adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company
shall have the
right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes
of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the
Insured in the defense of those causes of action that allege matters not insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or
damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured.
The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this
subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a
final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or
order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,
the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the
right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (1) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other
matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the
Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or
matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company
and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the
authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or
damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third
party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information or
grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law
or governmental regulation, shall terminate any liability of the Company under this policy as to that claim.
(c) If the Insured demands that the Company accept a settlement offer that is not greater than the Amount of Insurance or if the Insured expressly
agrees that a settlement offer should be accepted, the Company has a right to be reimbursed if it has timely asserted its reservation of rights and
notified the Insured that it intends to seek reimbursement if it pays to settle or defend a claim that is not covered by the policy.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to
pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make
the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(1) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the
Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to
the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided
for under this policy, together with any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the Company up to
the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections
(b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made,
shall terminate, including any liability or obligation to defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or
damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant
or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in accordance
with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land,
all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and the completion
of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the
Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without
the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of
the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a
charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30
days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant
in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the
amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute
documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise
or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and
remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions
contained in those instruments that address subrogation rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration
Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured
arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim
arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when
the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be
entered in any court of
competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010
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(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states, it does not (1) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date
of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers
to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment,
endorsement or other form, or Schedule.
Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to
the Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to
include that provision or such part held to be invalid and all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged
therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of
policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where
the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this
policy. In neither case shall the court or arbitrator
apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within
the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at
8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251.
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Form T-1: Owner's Policy of Title Insurance For Use Only in Texas Effective 2/01/2U 1
y ( y ) ffectroe 2/01 / 0 I
FT (6/2001)
File No.: 111703
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TITLE RESOURCES, LLC
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
TITLE RESOURCES, LLC. ("TITLE RESOURCES").
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer-reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
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FT (6/2001)
File No. 111703
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TITLE RESOURCES GUARANTY COMPANY
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we
have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT
YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY
PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to
know that information in order to provide products or services to you. We maintain physical,
electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
G.F. Number 111703
IMPORTANT NOTICE
To obtain information or make a complaint:
1. You may contact your title insurance agent at (940) 381-1006.
2. You may call TITLE RESOURCES GUARANTY COMPANY's toll-free telephone number for
information or to make a complaint: (insert underwriter information).
3. You may also write to TITLE RESOURCES GUARANTY COMPANY at (insert underwriter
information).
4. You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at 1-800-252-3439.
5. You may write the Texas Department of Insurance,
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@.tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim you should contact the title insurance
agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
AVISO IMPORTANTE
Para obtener informacion o pars someter una queja:
1. Puede comunicarse con su agente de seguro de titulo al (940) 381-1006.
2. Usted puede Ilamar al numero de telefono gratis de TITLE RESOURCES GUARANTY COMPANY's
para informacion o para someter una queja al (insert underwriter information).
3. Usted tambien puede escribir a TITLE RESOURCES GUARANTY COMPANY: (insert underwriter
information).
4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de
companias, coberturas, derechos o quejas al: 1-800-252-3439
5. Puede escribir al Departamento de Seguros de Texas:
P.O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente de seguro de
titulo primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en
parte o condicion del documento adjunto.
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