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2013-131s:llegallour documentslordinances1131mcnatt easement ordinance.doc ORDINANCE NO. 20 i 3-131 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS ("CITY") TO EXECUTE, FOR AND ON BEHALF OF THE CITY, AN EASEMENT GRANT AND ABANDONMENT AGREEMENT ("AGREEMENT"), BY AND BETWEEN THE CITY AND 52241, L.P,, A TEXAS LIMITED PARTNERSHIP ("OWNER"), PROVIDING FOR (A) THE GRANTING TO THE CITY OF (I) A PUBLIC UTILITY EASEMENT (HEREIN SO CALLED) FOR PUBLIC UTILITY PURPOSES, ENCUMBERING A 0.786 ACRE TRACT, BE1NG MORE PARTICU7 ARLY DESCRIBED IN THE PUBLIC UTILITY EASEMENT, BE1NG ATTACHED TO AND MADE A PART OF THE AGREEMENT; AND (II) A TEMPORARY CONS fRUCTION, GRADING AND ACCESS EASEMENT ("TEMPORARY EASEMENT"), ENCUMBERING 0.464 ACRE OF LAND, BEING MORE PARTICULARLY DESCRIBED IN THE TEMPORARY EASEMENT, BEING ATTACHED TO AND MADE A PART OF THE AGREEMENT; AND (B) THE PARTIAL ABANDONMENT AND RELEASE ("RELEASE") F3Y THE CITY OF (I) THAT CERTAIN SANITARY SEWER EASEMENT, DATED ON OR ABOUT JANUARY 1, 1961, FROM WALTER M. LEA AND WIFE, JANE C. LEA TO THE CITY, RECORDED 1N VOLUME 464, PAGE 188, DEED RECORDS, DENTON CaUNTY, TEXAS; (II) THAT CERTAIN PUBLIC UTILITY EASEMENT, DATED ON OR ABOUT AUGUST 7, 1980, FROM CALUSA DEVELOPMENT, 1NC. TO THE CITY, RECORDED AT VOLUME 1029, PAGE 480, DEED RECORDS, DENTON COUNTY, �EXAS; (III) THAT CERTAIN ALL PURPOSES PUBLIC UTILITY EASEMENT, DATED ON OR ABOUT MAY 14, 1982, FROM REPUBLICBANK DALLAS, NATIONAL ASSOCIATION TO THE CITY, RECORDED 1N VOLUME 1143, PAGE 125, DEED RECORDS, DENTON COUNTY, TEXAS; AND (IV) THAT ALL PURPOSE PUBLIC UTILITY EASEMENT, DATED ON OR ABOUT OCTOBER 6, 1981, FROM LEON MC1vATT MOTOR CO. TO THE CITY, RECORDED 1N VOLUME 1106, PAGE 73, DEED 1ZECORDS, DENTON COUNTY, TEXAS (COLLECTIVELY, THE "AFFECTED EASEMENTS"), INSOFAR AND ONLY INSOFAR AS THE AFFECTED EASEMENTS ENCUMBER A 0.095 ACRE TRACT AND A 0.488 ACRE TRACT, BOTH TRACTS BEING MORE �ARTICULARLY DESCRIBED IN THE RELEASE, ATTACHED TO AND MADE A PART OF THE AGREEMENT, ALL TRACTS OF REAL PROPERTY BE1NG LOCATED IN THE M.E.P. & P.R.R. COMPANY SURVEY, ABSTRACT NO. 950, AND THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, DENTON COUNTY, TEXAS AND BEING GENERALLY LOCATED AT THE 4000 BLOCK, SOUTH INTERSTATE HIGHWAY 35 EAST; PROVIDING A SAVINGS CLAUSE; 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, for and on behalf of the City of Denton, the Easement Grant and Abandonment Agreement (the "AgreemenY'), by and between the City of Denton, Texas and 52241, L.P., a Texas limited partnership, in the form as attached hereto and made part of this ordinance as Exhibit "A". SECTION 2. The City Manager, or his desig�iee, is authorized to execute, for and on behalf of the City of Denton, any and all docurr_ents related to closing the transactions contemplated by the Agreement, including without limitation, the Abandonment and Release. SECTION 3. If any section, article, paragrapl�., sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. ;� PASSED AND APPROVED this the � ATTEST: JENNIFER WALTERS, CITY SECRETARY I� VED A�%I'O LEGAL FORM BURGESS, CITY ATTORNEY BY: Page 2 YOU, AS OWNER OF THE PUBLIC UTILITY EASEMENT LANDS AND THE TEMPORARY EASEMENT LANDS (EACH AS DEFINED BELOV�, HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE EASEMENTS (AS DEFINED BELOV� WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, L]NLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. EASEMENT GRANT AND ABANDONMENT AGREEMENT This Easement Grant and Abandonment Agreement (the "AGREEMENT") is dated � , 2013 between 52241, L.P., a Texas limited partnership ("OWNER"), and the ity of Denton, Texas ("CITY"). WITNESSETH: WHEREAS, 52241, L.P., a Texas limited partnership, is the owner of a tract of real property described in a General Warranty Deed from James L. McNatt, and The A1 McNatt Family Partnership, L.P., recorded under Clerk's File Number 2004-88468, in the Real Property Records of Denton County, Texas ("PROPERTY"), being affected by the public improvement project called the State School Sanitary Sewer Interceptor — Phase II("PROJECT"); WI�REAS, CITY is in need of certain easements far public utility purposes, in, along, over, upon, under and across a portion of the PROPERTY related to the PROJECT; and WHEREAS, the CITY is amenable, upon the terms, provisions and conditions set forth herein, to abandon the following easements, INSOFAR AND ONLY INSOFAR as said easements cover and encumber the tracts of land described and depicted on Attachment 1 and Attachment 2, respectively, both attached hereto and made a part hereof for all purposes (the "Abandonment Tracts"), in exchange far the granting of a public utility easement to the CITY by OWNER, to-wit: a. That certain sanitary sewer easement, dated on or about January 9, 1961, from Walter M. Lea and wife, Jane C. Lea to the City of Denton, Texas, recorded in Volume 464, Page 188, Deed Records, Denton County, Texas (the "Lea Easement"); b. That certain public utility easement, dated on or about August 7, 1980, from Calusa Development, Inc. to the City of Denton, Texas, recorded in Volume 1029, Page 480, Deed Records, Denton County, Texas, solely affecting Tract One described therein; (the "Calusa Easement"); 1 c. Tl�at certain all purpose utility easement, dated on or about October 6, 1981, from Leon McNatt Motor Co., to the City of Denton, Texas, recorded in Volume 1106, Page 7�, Deed Records, Denton County, Texas (the "McNatt Easement"); d. That certain all purpose utility easement, dated on or about May 14, 1982, from Republicbank Dallas, National Association to the City of Denton, Texas, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas, affecting both Tracts One and Two described therein; (the "Bank Easement); and WI�REAS, the Lea Easement, the Calusa Easement, the McNatt Easement, and the Bank Easement are hereinafter collectively referred to as the "Affected Easements"; WHEREAS, the OWNER and the CITY agree that the Affected Easements, INSOFAR AND ONLY INSOFAR as the Affected Easements cover and encumber the Abandonment Tracts, and the public utility easement contemplated to be acquired by the CITY pursuant to the terms hereof, are not of equal value, and therefore, additional consideration is due OWNER in the form of the rearrangement by the CITY, of approximately 740 linear feet of 8" diameter water line upon OWNER' S property within the Public Utility Easement Lands, as reflected by the PROJECT . WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions, abandonments, and conveyances associated with the installation of public utility improvements for the PROJECT, including (i) the conveyance of the public utility easement, by OWNER to CTTY, related to same; and (ii) partial abandonment by CITY of the Affected Easements, INSOFAR AND ONLY INSOFAR as the Affected Easements cover and encumber the Abandonment Tracts. NOW, TI-�REFORE, for Ten and No/Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The OWNER shall grant, execute and deliver to the CITY, on or before five (5) days after the Effective Date hereof, (i) a public utility easement in, along, over, upon, under and across the tract of land being described in Exhibit "A" and depicted in Exhibit "B", respectively (the "Public Utility Easement Lands") to that certain Public Utility Easement (herein so called), attached hereto as Attachment 3 and a made part hereof, for public utility purposes, as more particularly described therein (the "Public Utility Easement"); and (ii) a temporary construction, grading and access easement, in, along, upon, under, over and across (a) that certain 0.171 acre tract of land;, and (b) that certain 0.293 acre easement tract of land, such tracts being described in E�ibit "A" and Exhibit "A-1", and depicted in E�ibit `B" and E�chibit `B-1", respectively (the 2 "Temporary Easement Lands") to that certain Temporary Construction, Grading and Access Easement (herein so called), attached hereto as Attachment 4 and made a part hereof, for temporary construction, grading and access purposes, as more particularly described therein. OWNER stipulates that CITY is in need of, and OWNER is amenable thereto, the grant of the Public Utiliry Easement and the Temporary Construction, Grading and Access Easement (collectively, the "Easements"), within the time period provided herein, so that the CITY may begin construction of the work contemplated by the PROJECT. 2. The CITY shall execute and deliver to the OWNER, within the time period prescribed below, the Abandonment and Release (the "Release") of the Affected Easements, INSOFAR AND ONLY INSOFAR as the Affected Easaments cover and encumber the Abandonment Tracts, in the form of the Release attached hereto and made a part hereof as Attachment 5. The CITY, by and through the City Manager, or his designee, shall execute and deliver to OWNER the Release, upon the completion, and acceptance by the CITY, of the installation of the public improvements contemplated by the PROJECT, but in any event to be no later than December 31, 2014. []OWNER stipulates and agrees that CITY is in need of the Affected Easements, including INSOFAR as said Affected Easements cover and encumber the Abandontnent Tracts, until it completes the installation of the public improvements contemplated by the PROJECT. 3. T`HE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR Ar1Y ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COIJNTY, TEXAS. 4. The date on which this Agreement is executed by the last to sign of the parties shall be the `Bffective Date" of this Agreement. 5. In the event a parry shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice: By CITY to OWNER at: By OWNER to CITY at: 4401 North I-35, Unit 107 Denton, TX 76207-3433 215 E. McKinney Denton, TX 76201 � and opportunity to cure, the non-defaulting party may exercise any right or remedy available to it by law, contract, equiry or otherwise, including without limitation, the remedy of specific performance or termination of this Agreement. 6. Each party represents and warrants that it has taken all actions necessary to authorize the person executing this Agreement to bind it, in all respects, to all terms and provisions of this Agreement, that such person possesses the authority to execute this Agreement and bind its party hereto, and that this Agreement is binding and enforceable upon it in accordance with the terms hereof. 7. This Agreerrient constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. CITY OF DENTON, TEXAS gy; L GE RGE C. CANIl'BELL, CITY MANAGER Date: %��GZ,1/ � � , 2013 ATT'EST: JENNg'ER WALTERS, CITY SECRETARY BY: Date: �%��/ � , 2013 APPROVED AS TO LEGAL FORM: AIVITA BURGESS, CITY ATTORNEY BY: C? � Date: %��` j� z Z , 2013 � OWNER: 52241, L.P., a Texas limited partnership By: Name: � %yt � /V/-�?%` �/� � - Ti#le: � oN.DO4 �/1/8� ��2-f-�Lr� l Date: 5 — 3-1 � , 20�3 � , � �..�. ���.-,�.�. ATTACHMEN� 1 to Easement Grant and Abandonment Agreement Page 1 of 3 � rthur Surveying Co., Inc. �� ' Professional Land Surveyols LE11"IS�'ILLL: � � UI�,\TOI� '''�0 F.l�u SL. #?00 ll7'� 13ent Oalcs I.etcisville, T\ "r'S057 Ucnlon, 'I'S 7F'_'ID F'h. (Sl�') '''-'I-94,1J l'h. (9�40� -4,i��—:il;�it F.slablitihed 11)tl(i erlhui�tiur� e)'it�g.cn�n E?�IT A EASEMENT ABANDONMENT 0.488 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P. R.R. Company Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Additio�, an addition to the City of Denton, Denton County, Texas, according to the plat thereof reeorded in Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being a part of a 16 foot wide Utility Easement, "Tract One", to the City of Denton, recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas, and being a part of a 26 foot wide Sanitary Sewer Easement to the City of Denton, recorded in Volume 464, Page 188 of the Deed Records of Denton County, Te�s, and being a part of a 40 foot wide Utility Easement to the City of Denton, recorded in Volume 1143, Page 125 of the Deed Records of Denton County, Texas, and being all that 20 foot wide Utility Easement to the City of Denton, recorded in Volume 1106, Page 73 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the northwest line of said Lot 4R and the southeast line of Lot 1, Block A, James Wood Autopark Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat Records of Denton County, Texas, from which a'/a inch iron rod found for the west corner of said Lot 4R and the south corner of said Lot 1 bears South 39 degrees 35 minutes 25 seconds West, a distance of 30.00 feet, said point being in the northeast line of Lot 1, Block A, James Wood Autopark Addition, Phase III, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recarded in Cabinet R, Page 308 of the Plat Records of Denton County, Texas; THENCE North 39 degrees 35 minutes 25 seconds East, with the southeast line of said Lot 1, Block of James Wood Autopark Addition and with the northwest line of said Lot 4R, a distance of 75.68 feet to a point for corner; THENCE North 83 degrees 36 minutes 08 seconds East, over, through and across said Lot 4R and with the north line of said 26 foot wide Sanitary Sewer Easement, a distance of 380.75 feet to a point for comer thereof; THENCE South 21 degrees OS minutes 35 seconds fiast, departing the north line of said 26 foot wide Sanitary Sewer Easement and continuing over, througt� and across said Lot 4R, a distance of 57.72 feet to a point for corner in the south line of said 40 foot wide Public Utility Easement; THENCE South 83 degrees 22 minutes 25 seconds West, with the south line of said 40 foot wide Public Utility Easement and continuing over, through ar�d across said Lot 4R, a distance of 188.68 feet to a point for corner in a northwest line of a 16 foot wide Utility Easement, part of "Tract One", recorded in Volume 1029, Page 480, Deed Records, Denton County, Texas; p:ljvc12011\codlstate school interceptor - 640I725391360.2QIOO1dwg11204167-2_abandonmentl-revised.doc ATTACHMEN� 1 to Easement Grant and Abandonment Agreement Page 2 of 3 � rthur Surveying Co., I nc. r '', Professional Land Scu�veyols LE1V�15�'ILL� '''tifl F.ln� tit.. # ''00 Le«�is�-ille, T\ �50:�7 Nh. ( 41 i °) '?`_' l —S)�3f) n[�:�•ron lll'_' Ue�it Oalts U��nlnn, 'f\ %(i''_1(1 I'li. (9�0) �;i:i-5155 1'slaUlisli�d 1Jti6 arlhursin��<•} iu;;.r•on� THENCE North 39 degrees 40 minutes 16 seconds East, with the northwest line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 17.80 feet to a point for corner at the southeast corner of said 20 foot wide Utility Easement; THENCE South 84 degrees 17 minutes 10 seconds West, with the south line of said 20 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 187.39 feet to a point for corner in a northeast line of said 16 foot wide Utility Easement; THENCE South 50 degrees 19 minutes 44 seconds East, with the northeast line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 21.14 feet to a point for corner in the south line of said 4U foot wide Public Utility Easement; THENCE South 83 degrees 22 minutes 25 seconds West, departing the northeast line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 96.45 feet to a point for corner; THENCE North 50 degrees 26 minutes 51 seconds West, over, through and across said Lot 4R, a distance of 6.97 feet to the POINT OF BEGINNING, and containing 0.488 acres of la�d, more or less. �3 tou6�as �. AR�+uR : q9� 4357 . P.., . ��9,�' ��'�Sg�o`'-��Q�,��� •SURy�i p:Ijvc�201 Ilcodlstate school interceptor - 640172539.1360.201001dwgU204167-2_abandonmentl-revised.doc AIl 60 0 60 Feet � so. \ \ �9 Rc � � `Oopo `�P Sy ��e � C / � � o9P 3ose�P�f / � � Beanngs shown a�e based on the City of \ / �j Dentan GfS network. LINE TABLE \ / LINE BEARING DISTANCE � �� L1 N39'40'16°E 17.80' / L2 S50'19'44"E 21.14' 2��8� � L3 N50'26'51 "W 6.97' �) 3s � � I. H. 35E ^� Service Road L4 S39'35'25"W 30.00' � 2 � X FND �' // 0 (C.M.) ;:, b � N / + 76' Utility Esmt. � � � Easement Abandonment �y��� �� (o�2s�� � p Q, � 0.488 Acres � // J�;1ry ��� xr � a • � ;�,,�� .-i � � �� / QJ� 11 i� V' � o .� ��O' �° ' ,rLh \�-1 0 � � � q � � � r� � // ���� rn I FA Po � �' / � . � �F �� � � � w •��0 ( P /o� S'r I N `6,� c� J S��y � \v yecc� / LPy q,` � t`p��� ' ' , 9�J`�ii � � �g�1Q, �� I ti9O Z ye� s� /.�o<`�,k°/%' ,g1' I Lot 4R, Block A � 5°c �,61Q� I McNatt Additi ,� O� �\ ti`° /� ,��° r1� I Cabinet O, Pa �;.�0 9F / ,,�0 I yr'Q' ;J� 16' Utility Esmt. I � � � _� • part of "Tract One" '� (V.1029/P.480) ! � // �t • L. A� .... ... . to be Abandoned by � i6' Utility Esmt. .... .. �.���... separate instrument � part o( Tract One 43 v: /y (V.1029/P.480) � �r: Q to be Abandoned 6y � L,L se arate instrument � v��0 - - - - P - � " ��� � _ � . :�:. - W- -� - - - EXHIBIT B /��� � AA N �� �,�, °�°��o Easement Abandonment wy��� �ri� �,ti �� `Pl�o� 0.488 Acres in the p�lry� �M � L3 ��� ��. '�°�; Gideon Walker Survey, Abst. Na. 1330 �Q° � � Z — — � � �� Esmt. \ �•E•P•&P.R.R. Co. Survey, Abst. No. 950 ,r� /� Proposed 14 Ut li y- ��%� m/� � By separote instrument L'lty of Denton jll.JU. J _ � / ,e' Utility Esmt. ��o�zs�� Denton County, Texas 3/4 I.R.F S50' 6'51 "E v X�D -- 2013 — , `c.M., r t hur Surveying Co., I nc. 384.00' 26� San. S w. E mt. ( V.464�P.7 94� / 40� Public ut�rtY Esmt Professional Land Surveyors � (V.1143/P.125) Lot 1, Block A LE�PISVILLE DENTON J�es Wood Autopark Addition, Phase III 22p Elm St., # 200 1172 Bent Oaks Cabinet R, Page 308 � Levrisville, TX 75057 Denton, TX 76210 Ph. (972) 221-9439 Ph. (940) 435-5155 Established 1986 arthursurveying.com � ; ATTACHMEN� 2 to Easement Grant and Abandonment Agreement Page 1 of 3 �a�� rthur Surve In Co. I nc. �, y g , � '; Professiona! Land Surveyors LEIFIS�'ILLP '?''0 F.Im St., j� 200 I.ewis�-ille. TX 75077 Yh. (9%`'_) `'_°l-9#3S) U[?\�'l'OK I 1 J'v [ic�nl Oal:ti Drnlon, 'I'� 7(i210 Pli. (9�10) 43;,--51i�:> F.tilabli�lied lJ(]G arl hursur� c�t-iuk.rum EI��IT A EASEMENT ABANDONMENT 0.095 ACRES CITY OF DENTON, DENTON COiJNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P. R.R Company Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 267 of the Plat Records of Denton County, Tearas, and being more particularly described as follows: COMIVIENCING at a 3/4 inch iron rod found for the west corner of said Lot 4R ar�d the south corner of Lot 1, Block A, James Wood Autopazk Addition, an addition to the City of Denton, Denton County, Teacas, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat Records of Denton County, Texas, and being in the northeast line of said Lot 1, Block A, James Wood Autopark Addition, Phase III, ao addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet R, Page 308 of the Plat Records of Denton County, Teacas; THENCE North 39 degrees 35 minutes 25 seconds East, with the northwest line of said Lot 4R a►�d the southeast line of said Lot l, Block A, 7ames Wood Autopark Addition, a distance of 22.73 feet to a point for corner in the south line of a 40 foot wide Public Utility Easement to the City of Denton, recorded in Volume 1143, Page 125 of the Deed Records of Denton County, Texas; THENCE North 83 degrees 22 minutes 25 seconds East, with the south line of said 40 foot wide Public Utility Easement and over, through and across said Lot 4R, a distance of 8439 feet to the POINT OF BEGINNING, said point being in the southwest line of a 16 foot wide Utility Easement, part of "Tract One", to the City of Denton, recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas; THENCE North 83 degrees 22 minutes 25 seconds East, continuing with the south line of said 40 foot wide Public Utility Easement aod continuing over, through and across said 16 foot wide Utility Easement, a distance of 22.13 feet to a point for corner; THENCE South 50 degrees 19 minutes 44 seconds East, departing the south line of said 40 foot wide Public Utility Easement and with the northeast line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 110.48 feet to a point for corner; THENCE North 39 degrees 40 minutes 15 seconds East, with the noRhwest line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 115.60 feet to a point for corner in the south line of said 40 foot wide Pub(ic Utility Easement; p:ljvc1201 llcodlstate school interceptor - 640172539.1360.20100\dwg11204167-2_abandonment2-revised.doc ATTACHMEN� 2 to Easement Grant and Abandonment Agreement Page 2 of 3 � rthur Surveying Co., I nc. �� ''; Professional Land Surveyols LEIVISI`ILLL '''tiU Eli�i 51.. # '�UO I.e�visville_. T\ '150:�7 Ph. (�i?_) ?'' ( —9�[fU nt;�'rr�� L l i° Ctenl Oal;s 1)cnlon, 'l�X 7(i.'? I p I'I�. ( �l�O) 4:3ri—:> 15:� Eslabli5hed 198G arl liiu•stu•� c,yitt��.cunt TFIENCE North 83 degrees 22 minutes 25 seconds East, departing the northwest line of said 16 foot wide Utility Easement and with the south line of said 40 foot wide Public Utility Easement and continuing over, through and across said Lot 4R, a distance of 23.1 b feet to a point for corner in the southeast line of said 16 foot wide Utility Easement; THENCE South 39 degrees 40 minutes 16 seconds West, departing the south line of said 40 foot wide Public Utility Easement and with the southeast line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 14834 feet to a point for corner; THENCE North 50 degrees 19 mi�utes 44 seconds West, with the southwest line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 141.77 feet to the POINT OF BEGINNING, and containing 0.095 acres of land, more or less. p:\jvc120111cod1state school interceptor - 640U2539.1360.201001dwg11 204 1 67-2_abandonment2-revised.doc \ sO, � q \ c � R � `O o Aa O�P S9C/�P \ C 60 0 60 Feet \\ � A9P ��s \/ � �3� e�P' / � , \ f Bearrngs shown a�e based on the City of / �/ Denton GIS network. LINE TABLE � / LINE BEARING DISTANCE �j �/ U N83'22'25°E 22.13' � � / L2 N83'22'25"E 23.16' � L3 N39'35'25"E 22.73' � L H. 35E � Service Rosd � y� � � // � \� . �, "X"FND � / O (C.M.J � � � � � N /� � � 16' Utility Esmt. �' � I `�. � (O/26 7) .'�i C�d' � � / / F'y� / � o � I � /J` 1�" / / � � �j / � �j Q J`O�,G1p`�� / "� y hatched area /// � o"� q _ to be A6andoned by � �j RO / � � � � separate instrument / � c "� U r-i / / ��A���7 � � / / .� P� 4� � � w / / o\ s�� I N �/ ec� / � � s�i-Py q,` � ��py� � t} Lot 4R� B�OCk /� " �v�'�,r "� � e` ��� � M McNatt Adclition '�.9 O Z � 5y'�0.1Q' � so / �,� ���ti. / � W �, � Cabinet O, PBge o c° v r— o °,o / r` L, 4.y'h / � ►•i �i I`'sa o+. �° ��. Q� �� �� � P' r \�o�-�or � 'L�O / `�,���6� / � � � � � 0 y�� "� �� //ti� � � �' ' � \,P � ^ � � ;ll� 16' Utility Esmt. I � � �'— . ART • ».. . . .. . ... •.... •'part of Tract One" /� // Z O • •• ....... �R (V.1029/P.480) � 16' Utility Esmt. d- , 4��r% :�� to be Abandoned � �/ "part of Troct One" � '�� i by separate instrument � %/ �/ (V.1029/P.480) � '9�� g� N�OQ� _ _ _ � S50'19'44"E_ 110.48' � � UR� � � �,� Easement Abaiadonmerat � - � — �;.—=�iI'/� i,� N5o•� s'44°w � 4� . ��' EXHIB IT B � �y� �" i��� � Easement Abandonment �ry, �i I i �. (�..�. ����'`�1� / I /��. � 0.095 Acres in the �� � � ��,'� � Gideon Walker Survey, Abst. No. 1330 / ��j� a�(� Praposed 14' urmcy Esmt. — M.E.P.&P.R.R. Co. Su�vey, Abst. No. 95Q �, �j, C� By separate instrument �• r., — ---- City of Denton � �s' uca�ry Esmc. �(o/zs�� Denton CouIIty, Texas � � 3/4"LR.F. S5�.26,51 ,�E �"x"t7v0 — 2013 — , �cM., rthur Sur�eying Co., Inc. / 384. 00' 26' San. Sew. Esmt. ( V. 46 4/P.194) Professional Land Surveyors 40' Public Utility Esmt. / (v.�t4s/P.i2s) Lot 1, Block A LEWISVILLE DENTON James Wood Autopark Addition, Phase �� 22Q Elm St., # 200 1172 Bent Oaks Cabinet R, Page 308 Lewisville, TX 75057 Denton, TX 76210 Ph. (972) 221-9433 Ph. (940) 435�5155 \ Established 1986 � arthursurveying.com / v��.i���nn���[an�iTaiE SCMmL INTERCEPTmi - 6101]2339.13fi020100\tl�OV201167-2_nbontloment2.tl�p P12V2013 2��7N� PX � �� ��� � � � � � � . � �. � � � � � � �� � ,! � � � ,. � .� . � , . ,, ,.,, . ; ,. �,�.. ,,, . ; . �., �., , ;.�. �.�. . ;. � � � � � KNOW ALL MEN BY THESE PRESENTS: � ►' � ,1 ► `�► The undersigned is the present legal and equitable owner and holder of the following: A DEED OF TRUST from JAMES L. MCNATT, Individually and THE AL MCNATT FAMILY PARTNERSHIP, LTD., a Texas limited partnership, to JOHN VAN SON, Trustee, dated April 20, 2004, filed April 22, 2004, under CC# 2004-51327, Real Property Records of Denton County, Texas, securing a note in the sum of $4,506,000.00, to WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, and securing other indebtedness as described therein, if any, (the "Deed of Trust"). Said Deed of Trust affected by Renewal, Extension and Modification of Note and Lien fled July 6, 2004, under CC# 2004-88469, Real Properly Records of Denton County, Texas; Assignment of Rents filed July 6, 2004, under CC# 2004-88471, Real Property Records of Denton County, Texas; and, Renewal, Extension and Modification of Note and Lien filed March 1, 2005, under CC# 2005-23088, Real Property Records of Denton County, Texas. NOW, THEREFORE, WELLS FARGO BANK, NATIONAL ASSOCIATION hereby consents to the grant of the Easements conveyed by 52241, L.P. a Texas limited partnership, to the City of Denton, Texas, and being more particularly described and depicted in: IL' [YlljLll 1 66 A 99 i[1R1'1L` V 6B''ty L` a.SemQ.n6y anU Ue�'Cted'n L` A1710& 6 G6D99 Pul/''C Vt'''Ly Ga.Semen69� t1 U �AIIU III IEXHIBIT 66A99 Zo9 TeIIBpOI'�AI`y COIIStI�UCtIOII EaSCBTIeIIIy `AI'd UepICtCU III EXHBIT 66D99�'$09 J U J Temporary Construction Easement.;J and in �EXHIBIT 66A-1 20' Temporary Construction Easement and depicted in EXHIBIT "B-1" - 20' Temporary Construction Easement], All attached hereto and made a part hereof for all purposes and hereinafter referred to collectively as the Easements. FURTHERMORE, WELLS FARGO BANK, NATIONAL ASSOCIATION, joins in the execution thereof solely as Lien Holder and hereby does ag�•ee that in the event of foreclosure of said mortgage, or other sale of said property described in said mortgage under judicial or non judicial proceedings, the same shall be sold subject to said Easements. SIGNED AND EXECUTED this ��� ��,_, day of ��°-��'� � _, 2013. Wl:I..�L�7 FttA\Vo Dt1JV11y 1Vti I�LoLVt1L ti�7Joi..dt11 AO1Vy a national banking association � � �" "" �_ -- . � � '� � � �` � By: �,� �-�` �'�� .� ,�� ����r�''����.. � _ � � ._ r...=.. �� � �.°1�r'�. '�l.'.�"��-�'"r)e`f`� ,F� Y^',''��.�f? °�a..�'�'��,r��.�`�� . ,l'�„ �'c r�.:�°' �� �",.- ACKNO W L EDCI EMENT 111: I�f.`ll'11:11 Y �[�7 �11 Y �1'#_�"�I •i � 13k� �[�f�l ME the �i��c�t�� �,i�����1 authority, on this day personally appea.red ' � a,. � �...,- l � � ��'���'� �u��a �.� ��m�` W.�.� � ��'������.''�.��.��� .���� ��. �"��°� � �� �. of WELLS FARGO, BANK NATIONAL ASSOC1AT10N, known to me to be the person whose name is subscribed to the foregoing instrument and who acknowiedged to me that _he executed the same for the purposes and consideration herein stated, as the act and dezd of said WEL,LS f ARGO BANK, NATIONAL ASSOCIATION. � _ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS _� day of ���.� ���, .. , 2013, t'� .'I. � u% � . � i �i +��� � . � � � N , AFTER RECORDING RETURN TO: Paul Williamson Real Estate Manager, City of Denton 901-A Texas Street Dentan, Tx. 76209 F� °�� ., � � �'j�:�� � � ' C� a�.....� �I+:�t<�ry f'����li�, 4ti9.�t� t�ri �`�:��t� 1l�y C`��e�t��7i�,�ic��� I �x��ir°�s� ."� �� ��. . � : rthur Surve in Co. I nc. Y � � Pmfessiona,l JGar�d Surveyoxs P.O. Hox 54 �• Lewisville, Texas 75067 Of�ce: (972) 221-9439 -� Fax: (972) 221-4675 EXFIIBIT A PUBLIC UTIL.ITY EASEMENT 0.786 ACRES CITY OF DENTON, DENTON COiiNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P. R.R. Company Survey, Abstract Number 950 and the Gideon Walker Survey, Abstcact Number 1330 in the City of Denton, Denton County, Texas, and bein� a part of Lot 4R, Block A, McNatt Addition, a�n addition to the City of Danton, Denton County, Texas, according to the plat thereof tecorded 'va Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly dascribed as follows: BEGINNING at a'/z inch iron rod found for the east corner of said Lot 4R and the narth corner of Lot 1, Block A, McNatt Addition, Phase II, an addition to the City of Danton, Denton County, Taxas, according to the plat thereof recorded in Cabinet V, Page G76 of the Plat Records of Denton County, Texas, said point baing in the southwast line of �nterst�tte Highway 35-E, a public roadway; THENCE South 39 degrees 34 minutes 02 seconds West, with the northwest line of said Lot 1, Block A of McNatt Addition, Phas� II, a distance qf 682.86 fcet to a point for corner being the east corner of a 16 foot wide Utility Easement as shown in McNatt Addition (O/267), from which an "X" found in concrete for the west corner of said Lot 1, Block A, McNatt Addition, Phase II bears South 39 degrees 34 minutes 02 saconds West, a distanca of 16.00 feet; THENCE North SO degrees 26 minutes 51 seconds West, with the northeast line of said 16 foot wide Utility Easement, a distance of 384.00 feet to a point £or corner in the southe�st line of Lot 1, Blook A of Jamos Wood Autopark Additian, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet R, Page 42 of t�e Plat Records of Denton County, Texas, from which a 3/a inch iron rod found for the south oorner of said Lot 1, Block A of �ames Wood Autopark Addition bears South 39 deg�+aes 35 minutes 25 seconds West, a distance of 16.00 feet; THENCE North 39 degees 35 minutes 25 seconds East, with the southeast line of said Lot 1, Block A of James Wood Autopark Addition, a distance of 14.0(� feet to a point for corner; 1'HENCE South 50 degrees 26 minutes S 1 seconds East, over, through and across said Lot 4R, a distance of 349.99 feet to a point for corner; THENCE North 39 degrees 34 minutes 02 seconds East, continuing over, through and acroas said Lot 4R, a distance of 301.47 faet to a point for corner in the west line of a 16 foot wid� Utility Easement as shown in McNatt Addition (O/26'l); p:�jvc�2011\codlvteta sChool intercaptor - 640172539.1360,20100\dwg\1204167-2 esmtl.dw rthur Surve in Co. I nc. Y g � Pinfessional �.and Surveyors F.O. Box 54 � Lewisville, Texas 75067 Offioe: (972) �21-9439 � Fax: (972) 221-4675 THENCE North 21 de�reas 08 minutes 35 seconds Wast, oontinuing over, through and across said Lot 4R and with the west lina of said 16 foot wide Utility Easament, a distance of 97.80 feet to a point for corner in the north line of a 26 foot wida Sanitary Sewer Easernent to the City of Danton, recorded in Volume 464, Page 188 of the De�d Records of Denton County, Texas; THENCE North 83 degrees 36 minutes 07 saconds East, continuing ovar, through and across said Lot 4R and with the north line of said 26 %ot wide Sanitary Sewer Easement, a distance of 122.71 feet to a point for corner; THENCE North 39 degrees 34 minutes 02 seconds East, departing the north line of said 26 foot wide Sanitary Sewer Easement �nd cbntinuing over, through and across said Lot 4R, a distance of 165.40 feet to a point for corner; THENCE North 30 degrees 57 minutes 16 seconds East, continuing over, through and across said Lot .4R, a distan�e of 66.77 feat to a point for corner in the northeast line of said Lot 4R, same being the southwest line of said Intarstate Highway 35-E; THENCE South 50 degrees 18 minutes 52 seconds East, with the southwest line of said Intorstate Highway 35-E, a distance of 44.00 feet to the POINT OF BEGINNING, and containing 0.786 acres of 1and, more or less. p:jjvc�2011�cod�state achool interceptor - 640172539.1360.20100\dwg\1204167,2_asmtl.doc ����� �� ' , l� .�v �..�.,_ _ . _..�__�-__� (�ar.� I.I� 3SE N ��r�ri��s �'v�d � � � � _ ��,y�� N50'24�41°W 183.97' N50'18�52��W 155.75' �.� � — �.- --° 25' Bldg. Une ��.. �. � __ ' � � – . � � � 20' Sld��vt�Ik & lltiYFty Eamt. � {�/,�67) � € � � � ioo o ioo � BeoNngs ahown ore bosed on the Clty of Denton G1S network. iJ�l� TA�L�...__. � �x�� ������� ��������� �., ������ � . �� � ��� � �� � �� ������� � � � �a_ s sa�` �w �s.��° �� s ��a� � ��. �a' t? N!r�ter & �e�raar Gad@ �en to fty oi Corire#h ^� {V.657�. 35j � ���� ��� �� � ���� �.���� � �''`• � � �� Y'"-,,,, ^.,� °'�� ��+ a`'^ ���r�i"�t �. � � Lot 4R, Block A\ � �. a.�. i,, � � : � � � R �� � , N � � O �, � � � �� � 4. � �� � � �� ���f ` Z � ��� ���� s' � �,��:� � ��� �� � � � � � �� � � •.� M I ��'�,�� ��� � ���'" yl �• � ��� �r � �� �� �� �• � � � �y � � {7�95�f � �% �., � ° �� ��� �� �� McNatt Addition �� �'� � �:�t�r���� �, ���� ;���� �.�t 1, �t+�ck �'! � � �Vc�� �3�E�a�rark �����au�a � �'t����ic �T��.li�y ��tlt7�.. � �" � ���i[xet 1�., �s�� �2 � 0.78fi ���� ,� �..�''�,�� ��� �° ; � � - ���� � � �� �'� r�a��r��d urer, � ` �' ; � r�' � ta� �� fer h� Ab�ar�rlqntt�l by �* 6 !` fi �•asa ��� sm�ss�ra�t� �nstratmmnt �,. � � +/ `�� _ I �� J J�'`�'r as�` � � .� .��,'��i �°� � r . � � �, �,� �� . t��`�'�`�� `�• � � � � I � ,. �, �' I t�' urrt�t ���t. /� pQrt s+1 "TF�r ct l3n�" _ � � �^' ,� �x. � � fi? #i��9jP.4BC4) i6� EJidiity+ f°�qi1t. pUt a�i "iF67c$ i�fFe°" `� .�` ,,�` ',�,`�,j�, [s }aa Abandandd hy (V.14�9�.�8(7) ., �' �,� t'4�� � � �r.«�c€rrsk+� fn�krusr��nt t� raa �1�bsra�tlo��u 6y ''� a���t� �.i'. �r�ssa�utn Yn�Ensmant � ^� [7 !"*�` ��m ��__._.� : ?����e�i��°az�. ���,t��'` `� ��, ._ � � � �'r����' PuP�iic �raxr�c�gar �ernt. _ —. „�,,,( in�l. Ncr ?.Ul7�-�6"l���i � ��` .�. .� � ..:� � i , ; �,, � rr' �r��r�ty i�J2t � ,�'� .� ` ���'�� �� ���, ��' , � � �, � �'' � _ _ .� �' � �`. _ � � ��� -_ �,r �,���y s/� � �r �: ,, / � '� {c�� �, � ,,� �' ,��.�ry�,°�� Isat �, �3i�ac� t� �,���� � /,�` �� � ��a�s�s "V'���� a������}aark ��i<iiein��, �'�a��e Ii��:����r� �, /� �, � � C��ieaet R, I'�� 3fi� � EXHIBIT B Public Utilrty Easement 0.786 Acres in the Gideon A►'alker Survey� Abst. Na. 1330 M.E.P.&P.R.R. Co. Survey� Abst. No. 950 City of Denton Dentan County, Texas — 2012 — �� � � • Professional Lseld Surveyors 972-221-9439 � Pa�r972-Z21�675 220BJm Stroer, Sulro 200 � P.O. Bo�r S4 Lowlsvllle, Texas 75067 y +� ' �s ■ .► s p°�n � ,i� �o � � � � � � � � � � � rthur Sur�e in Co. I nc. Y g � �x•ofess.ional.�and Surveyors P.O. Box 54 � Lewisville, Texas 75067 Ofiice: (972) 221-9439 � Fax: (972) 221-4675 EXHIBIT A 30' TEMPO�tARY CONSTRUCT�ON EASEMENT 0.171 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the M.E.P. &. P. R.R. Company Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Addition, an addition to the City of Danton, Denton County, Texas, according to the plat thareof recorded in Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly desaribed as follows: COMMENCING at a%z inch iron rod found for the east cornar oi said Lot 4R and the north corner of Lot 1, Block A, McNatt Addition, Phese II, an addition to the City of Denton`, Denton County, Texas, according to tha plat thereof recorded in Cabinet V, Page 676 af the Plat Recards of Denton County, Texas, said point being in the southwest line of Interstate Highway 35-E, a public roadway; � THENCE North 50 degrees 18 minutes 52 seconds West, with the southwest line of said Interstate Highway 35-E, a distance of 44.00 feet to the POINT OF BEGTNNING; T1�NCE South 30 degrees 57 minutes 16 seconds West, departing the southwest line of said Interstate Highway 35-E and over, through and acrnss said Lot 4R, a distance of 66.77 feet to a point for corner; THENCE South 39 degrees 34 minutss 02 seconds West, continuing over, through and acrbss said Lot 4R, a distance of 165.4Q feet to a point for corner in the north line of a 26 foot wid� Sanitary Sewer Easement to the City of Denton, recorded in Volume 464, Page 188 of the Deed Records of Denton County, Texas; THENCE South 83 degrees 36 rainutes 07 seconds West, continuing ovcr, through and across said Lot 4R and with the north line of said 26 foot wide Sanitary.Sewer Easeraent, a distance of 43.16 feat to a point for cornar; THENCE North 39 degrees 34 minutos 02 seconds Fast, departing the north line of said 26 foot wide Sanitary Sewer Easament and continuing over, throagh and across said Lot 4R, a distance of 194.17 feet to a point for corner; THENCE North 30 degrees 57 minutes 16 seconds East, continuing over, through and across said Lot 4R, a distance of 69.12 feet to a point for corner in the northeast line of said Lot 4R; same being the southwest line of said Intsrstate Highway 35-E; p:�jvc�2011\cod�vtate achool imerceptor - 6A0172339.1360.201001dwg\1204167-2 tcel.doc � rthur Surve in Co. I nc. Y g � B'mfessionaX .1Ga,nd Surveyors P.4. Box 54 � Lewisville, Texas '75067 Of�ce: (972) 221-9439 � Fax: (972) 221-4675 , T7�NCE South 50 degrees 18 minutes 52 seconds East, with the sauthwest line of said Interstate Highway 35-E, a distance of 30.35 feet to the POINT OF BEGINNING, and containing 0.171 acres of land, more or less. p:�vc�2011�codlstate achool interceptor - 640172539.1360.201001dwg11204t67-2_tcel.doc I. H ��� ^� ����rie� .���d f��'J �+�,� N rU'2A'41"W 183.97' N5�°i8'�a�"'1W 125,40' � � � �, � � 25' Bldg. Llne � � � � � .. � 20' Sldewalk �c Utlllty Eamt. � (0/287) � p0' Woter & Sewer Eas 4nt � i to City of Corinth � (V,85�%P.735) � I � 1�� 0 ��� � � _ � � �, r : Bear/ngs ahown are based on the Clty oI Denton GIS network. �I�WE iA� _ LIM1�� ��/�fifMG �1S7ANC� B.i S '��"� "�V 6C.7i' �'' L�__ �3'36'Oi"�i,_�_ �f3,145' �.� �� ���'rs�c. �-r ' � �� s�•��°��"� �a.��' �.� � � ��r��i�'S2"w �a,�R' I � � �. `°� ��� ��;�k"���C}fiidT�" �[b11'��. � ���� �` =� �.:+r�Frt:FB�!�`Il�,� ~I � � � ��"� ��?� ��.�. 1 � �1��'!�� W �°� <"n � N � � F����� � � �°� �. .� o�'Mi \ �`� .� Lot 4R, Block A � McNatt Addition � � � ���sa�.�! _ � 5 -...�.� � � � �. a. �. � � � � � ,,�`� o �q � � � ��� � � � ���� � � /��,�� �� I�� �� � I✓ � �,_ � `^�. Cabinet O, Page 26'1 � � -. �,• • � Lot 1� Bloch A � � �,� � I '�g'�,�� �.���ir�y Jan�s Wood Autopark Addition ■�,r'` `��. '�' ��� Cabinet R, Page 42 � � `� � �' �'�''^^ �""� � � ��� � . �� , �. �'` � � ��`�- ��... ��a � � �' .� a F.o`�9, ,f �° ,.�°'` ; f � N � �x� ��,� ha�tchrs�! ta�e[z � � � �,'� 1�' �f71_p��srr7l.� � do (p �� #o be AiaaaA�loFqeu� try �% � rl,� � E �`� �`4� e��aurnte fn�trsrmarEt �« , � � o °�^� � � ���' /� � � � 3 ��.� � .�` �' .�'Y � a. la �' �s � N �;�,� ��,x��`�� I�r�r ostarJ PuAit� ��, N � r � k � { �r .�' I Ut6Piijr Eca�tlr�F6nt ! `� eC I }��0�4 � �, I Qy �aperr�le P��l. � N'� '?� � '*.� 4�� .�'� � � t(3` illlllty �arnf. �I� 01 °�t� �` 1S` �JtTtity ��rral'. \ �c'y� ^'i ��+°'r ,4` � ���V.Id�9,/P.�#� s,. � �O � Qf psart +�F "Trrncl fRrea" 'L a/ � � � � ' � (V,d���fK�.4&�j f�r'� .f 4�,�� � � Cv e Alaon�torra by � � ka Db A�andanoc' Pay 4 f' f/ �' ���.`�� r I eags�a�rel� hp�t. y b � �ayaaraia iea�ta = � S�" 4 � � Q � ,� � ' �,� i6' d�ub i� t�t . Esmt. / ✓ �`� � ��� ��`x84t7" � � F-1 � � ���r,��� � � F'a�htic ra�lnnge �arnk, I � � , � .� _ ,�. � � ,_..� .,� w.,.. � IrtsE, �Ycr� �tMi+!-6i82� � � � � � % .��� � .�..�. � .�.� .� �.� � I ' {, � Prcrpa��d PuCadPc 1'G' Ukl�it,y' Eer�si. I �U��IFty ��r;�e�mi�ni ��f267) � � j+' F�y �t��SCrraEa insfb t 28' San. Sew. Eamt � y�" � (V.464/P.194) � /' � � �, �. �. .�. ..^ ...�, '�,�,. ,.�.. .� ,.� ,.�,.. � �.. ,,�. � � � �,�i��� �� �� ��� � ..� -� � -- - ° � _. __ � �� �f4 1,�'.� � � � X �1VL7 ���� ���� �� � �� � .� y,�`'`�.�"� ,�,�. °,� `�' ' i36'� T��tj t� �, ,r ��R /� Lot 1, Block A t�,�,��* ��� ,� � �`���`" ��� James Wood Autopark Addition, I'l���c III �� �.,,,,. , / ��``����� Cabinet R, Page 308 � ��.+� �'- .�' "�: �� t " , 7i EXHIBIT B 30 � Temporary Construcfion Esmt. 0.171 Acres in the Gideon Walker Survey� Abst. Na. 1330 City of Denton Dentan County� Texas - 2012 - .� e��. � , � Professional Land Surveyors _ ___ 972-221=9439 - Psx 972-221 �675 azos�, sa�ti s�r� zoo �� o. aox s4 Z.owisville, T�ras 71067 _ � rthur Surve in Co. I nc. Y � � �infessional �,a�d Surveyoxs P.O. Box 54 � Lewisville, Texas 75067 Ofiice: (972) 221-9439 � Fax: (972) 221-4675 EXHIBIT A -1 20' TEMPORARY CONSTRUCT�ON EASEM�NT 0.293 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certain lot, tract or parcel of land situated in the M.E,P. & P. R.R. Company Survey, Abstract Number 950 and the Gideon Walker Survay, Abstcact Numbar 1330 in the City of Denton, Denton County, Texas, and being a part of Lot 4R, Block A, McNatt Addition, �n addition to the City of Denton, Denton County, Texas, according to the plat thareof recorded in Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and baing more particularly described as follows: BEGINNING at a point for cornar in the northwest line of said Lot 4R atrd being in the southaast line of Lot 1, Block A, James Wood Autopark Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof racorded in Cabinet R, Page 42 of the Pl�t Records of Denton County, Texas, and from which a 3/a inch iron rod %und for H►e west corner of said Lot 4R and the south corner of said Lot 1, Block A, beaxs South 39 degrees 35 minufes 25 seconds West, a distance of 30.00 feat, said point also being in the northeast line of Lot 1, Block A, James Wood Autopatk Addition, Phase III, an addition to the City of Danton, Denton County, Texas, according to the plat thereof recorded in Cabinet R, Page 308 of the Plst Records of Danton County, Texas; 'THENCE North 39 degreas 35 minutes 25 seconds East, with tha southeast line of said Lot 1, Block A, James Wood Autopark Addition, a distance of 20.00 feet to a point for corner; THENCE South 50 degreas 26 minutes 51 seconds East, over, through and across said Lot 4R, a distance of 329.98 feet to a point %r comer; THCNCE North 39 degrees 34 minutes 02 seconds East, continuing over, through and across said Lot 4R, a distance of 292.70 feet to a point for cornar in the west line oF a 16 foot wide Utility Easement as shown in McNatt Addition (O/267); THENCE South 21 degrees 08 minutes 35 seconds East, continuing over, through and across said Lot 4R and wiYh tha west line of said 16 foot wide Utility Easement, a di5ta.nce af 22.93 feat to a point for corner; TH�NCE South 39 degrees 34 minutes 02 seconds West, departing the west line of said 16 foot wide Utility Easement and continuing ovar, through and across said Lot 4R, a distance of 301.47 feet to a point for corner; THENCE North 50 degees 26 minutes 51 seconds West, continuing over, ����h and across said Lot 4R, a distance of 349.99 feet to the POINT OF �E��t�TCI'�T '` i� 0.293 acres of land, more or less. �,�,�,,���.��� �,� �.t �,� ��`:� a' u '�i.� w • ' p:�jvc�20111cod�state achool interceptor - 640172539.1360.20100Wwg\1204167-2 tce2.doc ,�� � 70 201 3 00077962 Recorded On: June 25, 2013 Parties: WELLS FARGO BANK To Comment: Misc General Fee Doc Total Recording 56.00 56.00 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2013-77962 As Misc General Fee Doc ( Parties listed above are for Clerks reference only ) - __ _ _ ** Examined and Charged as Follows: �'" Billable Pages: 11 Number of Pages: 11 ************ 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: Document Number: 2013-77962 Receipt Number: 1058110 Recorded Date/Time: June 25, 2013 02:54:02P User / Station: S Parr - Cash Station 3 ��. � � rt �:� ��`w. �� ��� ` � ' � x � „� $ _ r �,�' � � 3 e e�,, � "�°'�" � �� ������ � �� ��� �r �'4i�«:;�ti; �. Record and Return To: TITLE RESOURCES WILL CALL DENTON TX 76202 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby cartlfy that this Instrument was FILED In the Flle Number sequence on the dateltlme printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas. �j�.A�'ck�l.� County Clerk Denton County, Texas ��,�.__ i r ! � : �r � . ��, �� � `��� `� � :� � � � ; � � . R ■ I . � . . � . � � � ;, � , 1,; �' ' 1 �' 1 � ! � • �; • � . . . � r � � , � � � � r � � r � , � � � ! � , r ! , � � � � �i ■ � � � � ,' " � i �' IY:`I� � ' 1i 1 1 ! 1 ' ; � , , , � �; ' ' THAT 52241, L.P., a Texas limited partnership ("Grantor"), of Denton County, whose mailing address is 4401 North I-35, Unit 107, Denton, Texas 76207-3433, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good attd valuable consideration in hand paid by the City of Denton, Texas, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a public utility easement in, along, upon, under, over and across the following described property (the 66Property99), owned by Grantor, and situated in Denton County, Texas, located in the M.E.P. and P.R.R. Company Survey, Abstract No. 950, and the Gideon Walker Survey, Abstract No. l 330, to wit: �. �. . � • : � t � 1 ' 1 : : :� . � . �, � �; �, . . �, I r r � � . . r - Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining public utilities, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, ernployees, contractors, workmen and representatives, far the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities or any part thereof. This Easement is subject to the following covenants: l. Structures. Except as expressly provided herein, no buildings, fences, structures, signs, facilities, improvements or obstructians of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property by Grantor. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. Notwithstanding the foregoing, Grantor's existing monopole on-premises sign (66Existing Sign"), located approximately 58 feet southwesterly of the present right-of-way line of Interstate Highway 35 East, and approximately 12 feet northwesterly of Grantee's southeast property boundary, is specifically excepted from the prohibition of structures provided by this easement grant herein, and Grantee may continue to operate and maintain the Existing Sign in its present location. In the event the Property wherein the Existing Sign is located shall be acquired by a condemning authority though the exercise or threat of its power of eminent domain, Grantor shall be permitted, subject to any requirements of the Ciiy of Denton regarding relocation of signs, including without limitation, Subchapter 15 of the Denton Development Code, as same may be amended from time to time, to relocate the Existing Sign to another portion of the Property, so long as such Iocation does not materially interfere with the use or enjoyment by the Grantee of the easement granted herein, as reasonably deterrnined by the City Engineer. Nothing cantained herein shall be deemed to affect, in any way, manner or form, any authority of the City af Denton to regulate the perrnitting, location, size, or any other matter related to signs, including without limitation, authority provided under Subchapter I S of the Denton Development Code, as same rnay be amended from time to time. 2. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees now ar hereafter located within or that may averhang upon the Property without liability to Grantee, including without limitation, the obligation to make payment to Grantor. 2 Parcel 6 4. Grantor's Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee's rights granted to it herein far the purposes granted. 5. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the prernise above described. Witness my hand, this the ,, �. /6 day of ?''�� � _ , 2013. �� 52241, L.P., a T-� �� limited partnership �� ,�� _..� By. �{�.� �.� ������,.. ��-._( , ...�. �..�.�...� Printed name: � ���`�w����r��� r �-�-- Title: � 41/��' �...��� �� r-� �� � T C, C9-C�'v�`"�A�2 /�- • ' 1 THE STATE OF 'Tty� • •I R . � ' This instrument was acknowledged before me on /�'1 /�'�. � `�„_. _ _ �.. _ . . , 2013, by —�°'�=�`�.�........ � � GCi't�P�►" � i ' , of 52241, L.P., a Texas limited partnership, on behalf of said limited partnership. ������� ��,��,������ �����9�ARi � �,� � �.�� p���� � ��� �`�` �o��� ��� �� �r�M� ���m� ��� ��� ��� �����°rov �'.� ��° �-� � �� �,. . ....,,.r������,����,���,.�����f��f,� _�? ��� ` � �u ' : �� ' � � � ,,,,.A .._.. Notary �r,��ai�� in and for the State of q a� ��� �„r My commission ���aiz•es: �_"� d � _�� �;� � �-� 3 Parcel6 �. � Accepted this day of , 2013, for the City of Denton, _...� _.._. Texas (Ordinance No. 2013-�. �� . BYa _ _ ,�� 'y� A.. �_.��'��'' , � . Paul Williamson Real Estate Manager . o � �,'� � o � � �- � , , -- � R-., , _ '1' - �- � � �+ • ' � 4 Parcel6 rthur Surve in Co. Inc. Y g � �'Srnfessional �and Surveyors P.O. Box 54 � Lewisville, Texas 75067 Of�ice: (972) 221-9439 � Fax: (992) 221-4675 E��iIBI'T A PUBLIC UTII.TTY EASEMENT 0.786 ACRES C�'1'Y OF DENTON, DENTON COUNTY, TEXAS BEING all thQt certain lot, tract or parGel of land situated in the M.E.P. 8t P. R.R. Company Survey, Abstract Number 950 and t�e Gideon Walker Survey, Abstract Number 133p in the City of Denton, Denton County, Texas, and being a pait of Lot 4R, Block A, McNatt Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNTNG at a%s inch iron rod found for the east corner of said Lot 4R and the north corner of Lot �, Blpck A, McNatt Addition, Phase II, an addition to the City of Denton, Danton County, Texas, according to the plat thereof recorded in Cabinet V, Page 576 of tha Plat Records of Denton County, Texas, said point being in the southwest line of Interstate Highway 35-E; a public roadway; THENCE South 39 degrees 34 minutes 02 seconds West, with the northwest line of said Lot 1, Block A of McNatt Addition, Phase II, a distanco qf 682.86 feet to a point for corner being the east cornar of a 16 foot wide Utility Easement as shown in McNatt Addition (O/267), from which an "X" found in concrete for the west corner of said Lot 1, Block A, McNatt Addition, Phaeo IT bears South 39 degrees 34 minutes 02 seconds West, a distanca of 16.00 fe�t; THENCE North SO degrees 26 minutes 51 seconds Wast, with the northaast line of said 16 foot wide Utility Easement, a distance of 384.00 feet to a point for corner in the southe�st lina of Lot 1, Block A of Jamos Wood Autopark Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat Records of Danton County, Taxas, from which a 3/a inch iron rod found for the south comer pf said Lot 1, �lock A o�Jamas Wood Autopark Addition bears South 39 degreas 35 minutes 25 seconds West, a. distance of 16.00 feet; THENCE North 39 degrees 35 rninutes 25 seconds East, with tha southeast line of said Lot l, Block A of James Wood Autopark Addition, a di'stance of 14.00 feet to a point for corner; THENCE South 50 degrees 26 minutea 51 seconds Eaet, over, through and across said Lot 4R, a distance of 349.99 feet to a point for corner; THENCE North 39 degrees 34 minutes 02 saconds East, continuing over, through and across said Lot 4R, a distance of 301.47 feet to a point for corner in tha west line of a 16 foot wide Utility Easement as shown in McNatt Addition (O/267); p:Uvc�2011\codlvtatesChoolinderccpror-640172539,1360.20100\dwg\1204167-2 esmtl.doc � rthur Surve in Co. I nc. Y g � Ftni'essional Z,a,nd Surveyors P,O. Box 54 � Lewisville, Texas 75067 Ofiice: (972) 221-9439 � Fax: (972) 221-4675 THENCE North 21 degrees 08 minutes 35 seconds Wast, continuing over, through and across said Lot 4R and with the west lina of said 16 foot wide Utility Essement, a distance of 97.80 feet to a point for corner in the north line of a 26 foot wida Sanitary Sewer Easement to the �City of Danton, recorded in Volume 464, Page 188 of the Deed Records of Denton County, Texas; TI�NCE North 83 degrees 36 minutea 07 seconds East, continuing over, through and across said Lot 4R and with the north line of said 26 foot wide Sanitary Sewer Easament, a distance of 122.71 feet to a point for corner; 1'HENCE North 39 degreas 34 minutes 02 scconds East, daparting the north line of said 26 foot wide Sanitary Sewer Easement and cbntinuing over, through and across said Lot 4R, a distance of 165.40 feet to a point for corner; TI�NCE North 30 degrees 57 minutes 16 seconds East, continuing over, through and across said Lot 4R, a distanbe of 66.77 feet to a point for corner in the northeast line of said Lat 4R, same being the southw�st line of said Intarstate Highway 35-E; TI�NCE South 50 degrees 18 minutes 52 seconds East, with the southwest line of said Interstate Highway 35-E, a distance of 44.00 feet to the POINT OF BEGINNING, and containing 0.786 acres of land, more or less. p:yvc12011\cod�vtate school intercepwr - 640172539.1360.20100Wwg11204167-2_esmtl.doc I• ���el �� �.�v —..__ ���.� � 1"�. �6.� ^� �'e�rr��� Ii�� xF'� h#�[I"24�41��W 1��.�i" h#��7'��'�,�"W ���,7�� .� � � � � .� 25' Bldg, Llne � � � � \ \ 20' Sfdewalk Qe Utllfty Eemt. �(0/267) � � � � � ioo o ioo � Beorings shown are based on the Clty of Denton ClS nelwork. ��€ r�sc� _ I ��r��_ _ a����r�� r����r�nrca� �� . o . � r �z ru ���a. . � I �..� � � . � � �4 _ _ �,�� ��'a�'"w �' � L5 �39"3�4` " i to CtY of��orl&nthe��r(V�3��735) � �R � �� � ����� `°�-. �'� �s#�s��� '`�.. kJ � ��� ���� ��r `'., � � Lot 4R, Block A� . a.�. N- � w �'� �, , � �� I � ,, � ��� � ���� � �� ������ z �� ������� ;,�" ��^' � `.� �,�" .'� �� �� � �, '��°�;�� *��`r,���� � � � '�`� �`a � � � ��T `��r �s �,� °--, � � � � � � � n�t�n�� g��Q �" ! ; ,s' cure ��mt, � �'�, '��. to �� ���n�,�e� e� ,�' ; �� i �` �'o/�s�� � � �,� �� s�p�ru�a r€r�trwra�en L�,. � '� � i' � � �� �t�� � ��� �' � � � � '�\ � ����"^�,� ;�' � � ,�� I ` � �ti�.���� � ; , �' � � f�` Utrr�ty ��mt. p�rt QC "'�rqct t� �" � �' �'` �" � � u, t azs� �a 16' Utlllty �m029�.480wTroct One" `��' �, "/"� �� �/ ��+�� I I dn �a Ad�aaad�na�t�� ( c� � s��pr[rte Irt�truman to be Abandone� by � �^���; � � separate inatrument � ! ,/ ryo �,,^� + 16' py�Fr��� ��, Eemt. � r� I � I�'ub��c �taZ�ssqe �sm�. � �., _� � .� _. v_ � �-. .�. .�. � � � lrz�da Cd�r. 2QO�t�+S7�2� a______ ._�.____ . m _�... � _— � _....._+��- • ` '�. .� .�. �. � � 16' �1tfi#ity �smt. � � ' '�, � (0/2�T,1 � / � �` ���� � �� �� ���R 99' ���*� --� -�r— –�'` ' L-W— �., -� � ..�, � ��.�- RF � � , o / � � ,�.� � �� ��'"�'� Lot 1, Block A %�4 +, 0 /� ��� �` �rrm� Wood Autopark Addition, Phaee II\'��°;��'oro � Cabinet R, Page 308 �, �i / /. � / � � � � �� .,�� �,��' \ I McNatt Addition �'� ��y Cabinet O, Page 267 � `� ` Lot 1, Block A Ja� Wood Autopark Addidon � public Utility Eamt. / Gabinet R, Page 42 � 0.786 Acres ,� �,,�,�� �"�°,� ��� �� �, ���� .� � � � ���IT B Public Utility Easement 0.786 Acrea in the Gideon Walker Surveq� Abst. No. 1330 M.E.P.&P.R.R. Co. Survey, Abst. No. 9S0 City of Denton Denton Countp, Tesas — 2012 — rthu� � �,, , Professional Land Stuveyors -_ _ : 972-221-9439 � Pax 972-221-467J 220 L�)m Streeti Suite 200 � P.O. Bau� 34 Lewiav/lle, Ta�ras 75067 � �I �� lr.� � ! �� . • 70 201 3 00077963 Recorded On: June 25, 2013 Parties: 52241 LP To Camment: �� 44.00 Total Recording: 44.00 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2013-77963 As Easement ( Parties listed above are for Clerks reference only ) _ ** Examined and Charged as Fallows: ** Billable Pages: 8 Number af Pages: 8 ************ 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: Document Number: 2013-77963 Receipt Number: 1058110 Recorded Date/Time: June 25, 2013 02:54:02P User / Station: S Parr - Cash Station 3 Record and Return To: TITLE RESOURCES WILL CALL DENTON TX 76202 �,.� � �� �„� «, THE STATE OF TEXAS } �`-� ��� COUNTY OF DENTON } � 4��� 4� '� �}� I hereby certlfy that thls Instrument was FILED In the Flle Number sequence an the date/tlme }`" �� "� � printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas. � I # • � � � ���, �;��a r � r��� �l�+kYcwC�" � � `='�� ,� County Clerk 1e�6 �'� Denton County, Texas '� w..,�� � y� .r � - � �°� � ' � � � i . • � .. . : •. ► . � � . � �. . � �. � � � �� � �� . i � . . " ''�' ' : �. � �, . ��� i , ; . �.� � � � ! ; � �� � � �� • ; • ��•, • � ; • � ,. �, � .: YY:I � � �' 1 1 ;1 , , , I �` ; '■ THAT 55241, L.P., a Texas limited partnership ("Grantor"), of Denton County, whose mailing address is 4401 North I-35, Unit 107, Denton, Texas 76207-3433, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, 215 E. McKinney, Denton, Texas 76201, receipt of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and access easernent in, along, upon, under, over and across the following described property (the "Property99), owned by Grantor, and situated in Denton County, Texas, located in the M.E.P. & P.R.R. Company Survey, Abstract No. 950 and the Gideon Walker Survey, Abstract No. 1330, to wit: �.�, . � � : � � : ,�� : � �' ' � : : ., � : : • � � � � � � ' � ' ' � It is agreed that the said Grantee, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as rnay now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The Grantee, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under and across said Property, or any part thereof, for the purpose of access, construction and grading activities. The term of this grant shall expire on the earlier to occur of (i) one (1) year from the date of the "Contractor Notice to Proceed Letter" for the State School Sanitary Sewer Interceptor Praject — Phase II; and (ii) December 31, 2014. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the /� day of /Y% 2413. � �.,. ...__�A��� GRANTOR: 55241, L.P., a Te��;.: limited partne�ship ,, _ :� � � ���� �. ,. ,�m„� _w _ By: ,� ,� � �� � � �. �\.� � .�.� . _ • �PGL Printed name � t � , , � _�.�_ � _.�. �^s C ��r�"��, T�tle: ,�� � � �� L ._ . � � �� . �_. _,� � AcKNOwLEDG�NT T� sTaTE oF • • ► ,, Tk��s it�stC°���� ���� � c�nt��rl�.c� �e�3 before me on � � 2013 s ..� ' �° ___ �-„_ -, n__�.�:_ „ , � bY _�,... ` ` . � .��� .���e►t`�`� cu�� of 55241, L.P., a Texas limited partnership, on behalf of said partnership. �rr�+a�t�.�r�a.r,r,�,d.�a�f�'�6a�F�+�A��c�a�i�'�'t�m�� . �,���* "��� �► �� �����i�,�R�` �a ��� ?'�� �li�iARY PU�1PC �iAT� � 3E�3 �g�; s� r c�i�u�ra�r��srwa��n. � � � w� �,�i� "i � "��nF��`.��° ���' � k��r,�,��.,����a��r�,�aa.��,e�rarrr��rs ,y .k �;� �� � r l i E,. �;i �.ro, �..�r� . . , � , a�� .��. � w a.., Notary � �r���ic, in and for the �i � of �; r � �� � � M cornmission �,� ���e�. ` � � �� � Y � _� �, �. , -- Accepted this � day of � " �_, 2013, for the City of Denton, �. .. �.. �. Texas (Ordinance No. 2013-�. . � � �� , , By° ��,� �£ � M� � ���� � �' Paul Williamson �� N. Real Estate Manager . . . � . � . . �, � �. � ,„ , �.�. �� �- � . 1* � �� rt r rv i . . y , __ _ .P''r+vfessiona,Y .T.,�ud Surveyors P.O. Box 54 � I,ewisville, Texas 75067 Offace: (972) 221-9�439 -� Fax: (9i2) 221=4675 I:D1!� : � �� �;. . 1 1 1 I' 1 1 ! 1 1 � BE1NG all that certa.in lot; tract or parcel of land situated in the M.E.P. 8t P. R.R. Company Survey, Abstract Number 950:and the Gideon Wallcer Sw°vey, Abstract Number 1330 in the City of Denton, n Countyy TPiXASy and being � gart of Lat 4R, Block A, McNatt Addition, an addition to the City of Denton, Denton Countyy TBtscwy accArding to the plat thereof recorded in Cabinet O, Page 267 of the Plat rds of Denton Countyy l, eiiFHSy and being more particularly descri� as follows: CO NCING at a'/a inch iron md found far the east corner of said Lot 4R and the north corner of Lot 1, Block A, McNatt Addition, P II, an addition to the City of Denton; Denton Countyy 1 OXSSy according to the plat thereof reco in Cabin�t V, Page 676 of the Plat Records of � ton County, T , said point being in the southwest line of Infeirstabe. Highway 35-E, a public roadway; THENCE North 50 degrees 1$ minutes 52 seconds West, with the southw�st line of said Int Highway 35-E, a dist�nce of 44.00 feet to the OF BEG G; NCE Soiath 30 de s 57 minutes 16 seconds West, departing the southwest line of said Int H'ighway 35-E and over, through and aarr,ss said L,ot 4R, a distance of 66.77 feet to a poirn for eoraer; NCE South 39 de s 34 minutes 02 saconds West, continuing over, through and across said Lot 4R, a d' ce of 165.40 fcet to a point for corner in the north line af a 26 faot wide Sanitary Sewer ent to the City of Denton, recorded in Volume 464, Page 188 of the Deed R�IUS Ol l.�/�'illCon W��y 1CXAJy NCE South 83 de s 36 minutes: 07 �°�c�� `'W"��, ��n�ir,�rr�;� �v�r, �u,�h and across said Lat 4R and �vith the north lirie of said 2� f�t �r�,�'� ��i �evv+�r r���� a distance of 43.16 feat to a point for corner, CE North 39 de 34 minutes 02 nds dep ' g tha north line of said 26 faot wide Sanitary Sewer ant and cantinu.ing over, thro and aeross said Lot 4R, a,d' ce of 194.17 feet to a point for corner, NCE North 30 de s 57 minutes 16 seconds P,ast, continuing over, through and across said Lot 4R, a distance of 69.12 feet to a point for corner in the northeast 1'vne af said Lot 4R, e being the sout�west line of said Intarst�te Highway 35-E; p:\jvc�2011 school intercxptor - 640172339.136D.?Al00Wwg�1204167-2 tc�el.doc �.��� � 3�E � ��^�vi�� R��r� �. . �„ "k'�7d� N50�4'41 "W 183.97' N50'18'52°W 125.40' � ��r� p �� � � _ � _ .— _ — — — .� .�. �-_ � _ �. � _ — � _ _ 1�J��- --�-.�._ T�_._ � � 25' 91dg. Lfne —' ,,, �"``-5 � � �. C�; SPa. , � so• srdawak � aat�9�� e�m►. � {s�,�z��) � 20' a�t� � ��� c���r���� � I ``.,� to City of ��srRntih � �(V,��r�,r!'.735J � : � � � � � 100 Q i� � `-� ��• =.,y ��� "�'�� r,�� Ca���. � I �,�`' , �'�a� `�,,,. � _. ��r� `� � � `� Bearings ahown ore based on the ClFy of ���'�+� ��,� �.�� 1 r� �� W � Denton ClS net work. A�� �' ��,.!� ��, _ � ��'� �rr � b I �� r�v.�"�� ��� � j L1NE... ` Q�AF�f�9�� 2�9aTAdJCE � �`"�i°�i��„ � � �,I} � y �,����'�y� /" �� 7`f%i" ��.77' , a �, .�$` �. a I a. M "�,. �c� 3 wwn°a?°ia•� Fo ��' � �'` � �� � �M � L4 5_5mn'R�'c p.,��� � ,._� ._ r L5 Na�tl3`��`5YW #4.Cib' _ '°-� �.Ui ��, �3�Cito� 1�L '°.., � 1��i�a�i Ad��i��+a� / i � � ��h���t t�, ��� �t�'7 � � � ''c�,. � Lot 1, Block A ���j� � ,��,�,� ����� Jani� Wood Autopark Addition � ,� �4 Cabinet R, Page 42 I �,''I �'''�``�:�°°`�,,�� � �� ��„��� �,� .�'`� `"� �'� �`� `�., �\�'` � � �` '°� t`� � �`a �".��°°^� '"' ' �;,�' a �'' � � nq � � � ��� �rsatcha�t �irea � � �' . �' � 16' tr�rty �:fn,t, I � �. �; ta d�e A�3smde�nesf t�y ,t! � ,„Y �L3j26?) a Y'r <�d+.� �'�dW'15t� i�13�liym�bl# �, � � ,' !:� I � i � � �� �� �'4 � � � � � � I � 7 ��. �y f "� ��t`� �� �t,,��'Z I a i �+. -.� Fo/ �,� ,��� �;*��r [�rta�a�sS�d f}ubll� ' � t�v L� � I r� ��, � Uti�f�y �asemar�t � � � � \ ���.��� �' �,�' � � �y sa�iarne� in�i. � � a � ,,r/�� � 16' titillt E�rr'e�. � -- �y°? '�u '�` #6` iJtli�ky E��. � %` ✓f � �.� � ' pnri+. ��� �.A�t#� �� �} O O ils parY �F "irtaek Chae" "�, ( 1''� Ci} °' `� tv,T �z9,✓P.4� � f �.� i � to b� �ds��nc�ar,v� by � �� 9 Ea be �N�a�n�t�sn��hy �. .�' ��;,�" ,��i°� � I sa�ar�rade ir��t. „w � �., �pGrat� inst�. . � • „� �4�� . .__.. +, 'Qi C 16' Pub fc Ut , Esmt / ,,✓' '�'� � p �0'x140' � � � ,C �R/42� ` � Public ralnage, Esmt. I I _ep �-° -�--- °v-- --� .� � , ; , ,� ..o .� .�.». �J Inat. No. 2004-67824 I "� U �� � u , �,;,., �� � � � �� .-___ �.— � � , �-m�__ , � � �.. .�. � � � PrQpe�set# �'�€taiic i�' I�t�flCy E�n#. � � � i a �utii�ty �����t �c�/���} � � '„� ay �a����,t� �,�r. � � 26' San. Sew. Esmt. � � (V.�64/P.194) � /" / � � � ._.. ...� ..�. � �� . .�1 � �r������ ��� ��� � � � .m� � ._ �,�, � � � ! r ._ ,� ��,p� Jf# tR.F. .Y�D �, j',�.��a-y (��+,J rs,t �,. � �3 F �` ,�` <�`� `` ,� Lot 1, Block A �'�.°��,�� �,,�t;, �,s�iei�",��. ��� �� , . � �`� '':,��'�/` James Wood Antopark Addirion, �'�� I�,� ������ �..� e'` �°�� �, Cabinet R, Page 308 �9U4 ',� ,... ., .� f � * �?�� � � F ����� D" e orary Construction s t. :i71 cr ' e � •' • Gideon alker Survep� Abst. No. :1330 ptefessioaal Land 5urveyors City of Denton Denton County� Te88S 972 221-.9439 -- Fax 972-221-4673 ZZO�Jm S��ee4 S�d[e ZOO' � P.O. Boa S4 � — 2012 -� Lo e, Texas 73 �. a,Q�7i�., - : 4t�E4wr•� :z�m 19✓9.FAL4 ,MS,r� � ,I,�. ��� rtl�ur �urve in Co., I nc. �� Y � ��f g �.a-e,�.f°essio� .�. � S' �gror� P.O. Box 54 �- Letivisville, Texas 750b7 Office: (972) 221-9439 � Fax: (972} 221-467� #:11► � I �� �'�';. , r� � � � � � ;l � � . / 1 � , I ; � � . , � � •' � . 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I � � 100 fl 100 � ��' �. �f���,�;.�� �����,r���y ��'' `��' �. f:rsnser�rci'or+ Ecas�rnertY � 1 � O� � ... ._ . -� - - . � \ y� ,�a. � By� s���r�{� ins?. � % ,,�r't Bearings shown Qre based on fhe Cit of `�� ��'��" "`�- � � ��'' � Denton GOS network y h� `' ����^'�.�� � ���.;,. �#ilrty�f�asemRrag � � � � _ ��� �� _w � L6�F� TA�P.E � � � � � sr� ae�aE� rr�°t. � �' � _ �, � r.. LINE �E.a�t�dhd� '��'DIS7ANCE •..�, ��� �`y { �r' � �"�ti,�a� _ Ll h!39';�S �5 EP 20.00° � _ � I � j'`''{ a` ,� , L2 c?y•nA �S � ?�_9�3° � � �'"Y. � ✓'� �"� , .., � � _ ,� `�� ; �'`�.•. , I � � ,� � �.�� ��, ����c� �� `-� �,�'`~ : .,.� � � S��?",c1�1;�� � �e1� �.i��a `� �� � � � �Cabfree� �O, �'age 267 /'� -� {1'`�� � ` ���. Lot 1, B3ock A j� � ,�'� � � r�°�,�� �,� � '�oad A,u#opark Add°ation ` �` �::��' `1'� ;;�'�`��� Gabi�et R, �'a�e 42 € W � % "� °` •� I ��� � �„'�'�, -�. N hatched area / � �'"' � �'`s���'"3� , \ to be Abandoned by / / � � �'�� ��a "`•. � ,�, a � separote instrument j / � Cp *-� �' � � �,8��°p7 � � t � �': � 'c��y r�- "7 � � / ��' � A.n�fic:. ..... � . / /16 t7tol. �:sr5��t � � - � �� � ��l�?�id�8 � (�`''.. c � .�c„ / / � � ,�° n � � / s�^�'�, .� � � �,r / / � N � a ev � �'` �`�'ta�� � ��.�.�� / ,�� �' �9 ll���t3�`��y� �L9fii5�. NI �'`7 a'_ I -�� r—i � � � a � r-+ � � �� q�� / � �",i$.��3Tr���`�� �--r Y N o� cros � �� o(���R1 / � �.�.��.�� �C�' W � I � '� ^rM aa � L � Pa5` �J3�iP�ty' �5�rtrt. \ .. �oc � //� t.• � � 96° °�filaty Csrnt- . o �.�7 O O a pnri arf °'i'rqcY Lina�.. �1,� � �� I � pa(V. fCk29 �P�'d�{7�� F � '�' � °�*'^ r V, i s��4 f'F� *R�i'�� . � �5,�"!�° '� � c�nrl+a3a��J �r� �/ �// ,.�.31+� to be Atarrisdrari�d by M ����ar�5te ir�+si�.. � ..�.,: J<`o6t I � . sC�{�ear�rt� �rss�a, � � �.�.-,._.,.,..� � `i7 '''N €o e A�a � ,.1 � �'Ki O d C u ( / i0. Esmt. � ���'`�"� � 7'� � ��I � � � � i--1 Y J� ..� — _.. , — R 42) �r / � �J I � � � � Z C� 16 Pub ie Ut � � i� f"�— �� Y� I �'rs��asetr Public y t � .— �...mw — �. � ._� — J u4�lity ��st�ni�rit W � I � ! _— _� �._.... _�,� T .�'' E�y ,�esarnie inst.'`-,� eo � ( � / c� c� �. � � ���' 6'S1'"E 329.98' �_� � � � � �� . ,� �� o i zs° son.seW. e�,t. �. `' / _ u� (V.464/P.794) ,�.� �i�'������ `V�f� ..� �, ,� n � � , � � '� — — — �� �6 � —,349_9 � � � �;� � ��.�C7" t6' vs,��ty Esmt. � {�/?�i7��� ct � _. � ._ ___. .�.. � � — __.._ � � ����. s�'� i.rz� S50'26 5r,�.>E 384.00° x"r�v / . �: �� ����..� L�t 1, ���C� � o� q �' �, ��"�" '� es �Joo� A�ato��°� P.cdcli�i�n, $3h�se II�s or �; �` � � �'``���`�` �b�et x, ��be �ag ``�y°'°rP �,/ �,� �� , _ � i I� . I � � ' — r �- �—•� " � • ! a, ' , , , . � ._. � � • � 1 ♦ I—� � �-� � r . � — � �c+rma�. trrt�ti`rcCrTRZ .� 4f�sx��as�ra�a�€u�we�a<k,?a�tis� ��rz.�.n arr>r���ez mr�����a �w c_a,.r. .._.. . .. ............. ._.. . __.. ...._. .. .... , ... .. .. .__._ _.... � � � � • ' � — . . . • — • :. ., . .' .� r .. �r t �^ • �. 7U 2013 aUd77564 Recorded On: June 25, 2013 Parties: 52241 LP To Comment: Easement 48.00 Total Recording; 48.00 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2013-77964 As Easement ( Parties listed above are for Clerks reference only ) -- __ ** Examined and Charged as Follows: ** Billable Pages: 9 Number of Pages: 9 ***"`"`""****** 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: Document Number: 2013-77964 Receipt Number: 1058110 Recorded Date/Time: June 25, 2013 02:54:02P User / Station: S Parr - Cash Station 3 ��t����t�� � a� � �� �y r�� 1 �' .�a ' � y.� ��I� -: tk t � . �� �*� � . ' r�€:�� �, � . � . � � � -i4: '�� '�•.... Record and Return To: TITLE RESOURCES WILL CALL DENTON TX 76202 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certlfy that thls Instrument was FILED In the Flle Number sequence on the date/tlme printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texas. C�td"l.l- County Clerk Denton County, Texas Attachment 5 to Easement Grant and Abandonment Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ABANDONMENT AND RELEASE THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THIS Abandonment and Release (herein so called) is dated as of the date set forth below, from the City of Denton, Texas (the "City"), and accepted by 52241, L.P., a Texas limited partnership (the "Owner") WHEREAS, Owner is the owner of a certain tract of real property described in a General Warranty Deed from James L. McNatt, and The A1 McNatt Family Partnership, L. P., recorded under Clerk's File Number 2004-88468, in the Real Property Records of Denton County, Texas (the "Property"); WHEREAS, the PROPERTY is encumbered by the following easements: a. � That certain sanitary sewer easement, dated on or about January 9, 1961, from Walter M. Lea and wife, Jane C. Lea to the City of Denton, Texas, recorded in Volume 464, Page 188, Deed Records, Denton County, Texas (the "Lea Easement"); That certain public utility easement, dated on or about August 7, 1980, from 1 Calusa Development, Inc. to the City of Denton, Texas, recorded in Volume 1029, Page 480, Deed Records, Denton County, Texas, affecting Tract One, as referred to therein. (the "Calusa Easement"); c. That certain all purpose utility easement, dated on or about October 6, 1981, from Leon McNatt Motor Co., to the City of Denton, Texas, recorded in Volume 1106, Page 73, Deed Records, Denton County, Texas (the "McNatt Easement"); and d. That certain all purpose utility easement, dated on or about May 14, 1982, from Republicbanl� Dallas, National Association to the City of Denton, Texas, recorded in Volume 1143, Page 125, Deed Records, Denton County, Texas, affecting Tracts One and Two, as referred to therein (the `Banlc Easement); WHEREAS, the Lea Easement, the Calusa Easement, the McNatt Easement, and the Bank Easement are hereinafter collectively referred to as the "Affected Easements"; WHEREAS, pursuant to that certain Easement Grant and Abandonment Agreement, dated on or about , 2013, City of Denton Ordinance No. , the Denton City Council authorized the City Manager, or his designee, to enter into this Abandonment and Release for the express purpose of partially releasing the Affected Easements, said partial release releasing the Affected Easements INSOFAR AND ONLY INSOFAR as the Affected Easements cover and include those lands described and depicted on Attachment 1 and Attachment 2, respectively, both attached hereto and made a part hereof for all purposes (the "Abandonment Tracts"). 2 NOW, THEREFORE, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby stipulated, the City, subject to the terms and reservations hereof, does by these presents, abandon and release unto Owner, its successors and assigns, all of its right, title and interest in and to the Affected Easements, INSOFAR AND ONLY INSOFAR as said Affected Easements cover the Abandonment Tracts. The City expressly reserves and retains, and this abandonment and release shall not be deemed to effect, in any way, manner or form, (i) any right, title or interest that the City may own, hold or possess under or pursuant to the Affected Easements, INSOFAR as said Affected Easements cover, encumber or include lands other than the Abandonment Tracts, and that the Affected Easements, INSOFAR as said Affected Easements cover, encumber or include all lands other than the Abandonment Tracts, shall remain valid and subsisting, and in full force and effect in accordance with the terms thereto; and (ii) any and a11 easements, rights of way and any other rights or interests, other than the Affected Easements, whether acquired, obtained, owned or claimed by the City or public, by, through or under conveyance, dedication by plat or other express dedication, implied dedication, prescription, or by any other manner or means, in or to lands in which the Affected Easements may cover, encumber, include, cross or overlap. Executed this day of , 20_ CITY: CITY OF DENTON, TEXAS : GEORGE C. CAMPBELL, CITY MANAGER Date: , 20 � ATTEST: JENNIFER WALTERS, CITY SECRETARY : Date: 20 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY :_ Date: OWNER: 20 52241, L.P., a Texas limited partnership Name; Title: Date: ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acicnowledged before me on the day of , 20_ by George C. Campbell, City Manager, City of Denton, Texas, on behalf of said City. Notary Public, in and for the State of Texas My Commission expires: L'� ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF DENTON ) This instrument was acknowledged before me on the day of , 20_ by , of 52241, L.P., a Texas limited partnership, on behalf of said limited partnership. UPON RECORDATION RETURN TO: 52241, L.P. 4401 North I-35, Unit 107 Denton, TX 76207-3433 Notary Public, in and for the State of Texas My Commission expires: 5 ATTACHMENT 1 to Abandonment and Release Page 1 of 3 '� r h r ur e in Co. I r�c. ���� t u S v Y g i� '�,� , ;- r ? Professional Larld Sulveyors LEi1'1SGILL� . DIsV�'I'0� �-?0 I:lrn St., ���00 117� ISent Oa1.5 Lesti•is� ille. T\ 750� i Denlori, 7'� 'IEi� 10 Ph. (9i?_) ??_1-94JS) Ph. (940) 435—;i1;i5 F.slt4hlished 19(](i arihursiir•� c� ing,coiri E��IT A EASEMENT ABANDONMENT 0.488 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all fhat certain lo�, tract or parcel of land situated in the M.E.P. & P. R.R. Company Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City of Denton, Denton County, Texas, and being a part of Lot, 4R, Block A, MeNatt Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet O, Page 267 of the Plat Records of Denton Couuty, Texas, and being a part of a 16 foot wide iJtility Easement, "Tract One", to the City of Denton, recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas, and being a part of a 26 foot wide Sanitary Sewer Easement to the City of Denton, recorded in Uolume 464, Page 188 of the Deed Records of Denton C� unty, 'I'eaas,, and being a part of a 40 foot wide Utility Easement to the City of Denton, recorded in Volume 1143, Page 125 of the Deed Records of Dento�n County, Texas, and being all fhat 20 foot wide Utility Easement to the City of Denton, recorded in Volume 1106, Page 73 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the northwest line of said Lot 4R and the southeast line of ? ot 19 BloEk A, James Wood Autopark Addition,. an. addit►o� to the City of Denton, Den�on Couniy, Te�s, according to the plat thereof recorded in Cabinet R, Page 42 of the Plat Records of Denton County, Texas, from which a 3/a inch iron rod found for the west corner of said Lot 4R and the south corner of said Lot 1 bears South 39 degrees 35 minutes 25 seconds West, a distance of 30A0 fee� said point being in the northeast line of Lot 1, Block A, James Wood'Autopark Addition, Phase III, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded iri Cabinet R, Page 308 of the Plat lZecords of Denton County, Te�s; THENCE North 39 degrees 35 minutes 25 seconds East, with the southeast line of said Lot 1, Block of ,Tames Wood Autopark Addition and with the northwest lii�e of said Lot 4R, a distance of 75.68 feet to a point for corner; THENCE North 83 degrees 36 minutes 08 seconds East, over, through and across said Lot 4.R and with the north iine of said 26 foot wide Sanitary Sewer Easemeat, a distanc� of 3�&a:7�5� fee� to a point for corner thereof; TFIENCE South 21 degrees 08 minutes 35 seconds East, departing the north line of said 26 foot wide Sanitary Sewer Easement and continuing o�rer, through and across said Lot 4R, a distance of 57.72 feet to a point for corner in the south line of said 40 foot wide Public Utiliiy Easernent; TFIENCE South 83 degrees 22 minutes 25 seconds West, with the south lirie ofsaid"40`foot wid'e° Public Utility Easement and continuing over, through and across said Lot 4R, a distance of 188.6$ feet to a point for corner in a northwest line of a 16 foot wide Utility Easement, part of "Tract One", recorded in Volume 1029, Page 480, Deed Records, Denton Couniy, Texas; p:ljvc12011\cocllstace school interceplor - b40172539.1360.201401dwg11204167-2_abandonment]-revised.doc ATTACHMENT 1 to Abandonment and Release Page 2 of 3 ��`, rihur Surve ir� �o. Ir�c. �;� ,�; � g � f� �e i� ° Pr.ofession�l.Land Surveyols LEti`IS1'ILL� D��\!TON '_''?U Elrn SL, j� 200 1172 Iietit O�ks Le�ris�'ille, T� 75l)5'1 Ucnlon, 7'\ i(i'lU Ph. (�72) ?21-9�39 I'li. (9�0) 4�i.i—�153 Lsf.�ihlish��d I�OG arLkiursur��c,��in�.cotu TAENCE North 39 degrees 40 minutes 16 seconds East, witl�► the northwest line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 17.8o feet to a point for corner at the southeast corner of said 20 foot wide Utility Easement; THENCE South 84 degrees 17 muiutes •lQ�seconds West, with the south line of said 20 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 187.39 feet to a point for corner in a northeast line of said ] 6 foot wide Utility Easement; THENCE Souih 50 degrees 19 minutes 44- seconds East, with the northeast line of said ] 6 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 21.14 feet to a point for corner in the south line of said 40 foot wide Public Utility Easement; THENCE Soufh 83 degrees 22 minutes 25 secoiids West, departing the northeast Iine of said 16 fo�t wide LJtility Easement and continuing,,over, ilirough and across said Lot 4R, a distance of 96.45 feet to a point for comer; THENCE North 50 degrees 26 minutes 51 seconds VJest, over, through and across said Lot 4R, a distance of 6.97 feet to the P�INT OF B.�G.Il�TNIlVG, and containing 0.488 acres of land, more or less. �3 �s �'��=r�au� � �43�7��,.r�-� .a :���sst;?`.�� � � s �.t ��i �� �: ..:,-� - �� _ p:ljvc1201I\codlstate school interceptor - 640172�39.7360.20] 001dwgU2Q4167-2_abandonmentl-revised.doc �: : , , 60 0 60 Feet Bearings shown ore based on fhe Cify of Denton G1S nefwork. LH. 35E ^� Service Road \ So, \ \ � LINE TABLE LfNE BEARI�FG� DI�TANEE � L1 N39'40'16"E 17.80' L2 S50'19�44"E 21.14� L3 NSO'26'S1'�W 6.97' L4 S39'35'25"W 30.00' � ',Y"fN0 � (C. M. J .. - °r,, ... . 'C7 � � � EaSement Abandonment o a� ` , �, � 0.48� Acres \\' � p \ � � � ^ � �1 � • `� v 0 o q ��p. �a�� � � �, � /% �F.�aP � �' ^'' , a, �� 9 a / �Fq�� 4� � w �r V . V e /o� s�, � N �� �,� J \ � � \ e S^ .L �„� \ ye� LP 9� � `.O �� , ,. .. y9���� �.,�.... . � e�1Q19 �� � � o z ye�' � so � c�1 a6 /�" /� � •�° `'/�,`'� '�� � ' go` /�\ 6`Q� I \ ry6 /,�,p J,�� .'v 16' Util(ty Esmt. I ` / � ��/��� T � \ qR� \ !°�� po �P S9( �P \ / ? ,o �,o \ �'qe F°s \ � l�� e�e�F / � i \ \ � �� � // 2' 08� � �/ s�,'�s�. � 2 � / / � / / ' 9 �� � / � ,, �"y ��� � � ��1�� �� / ^J 1 ,�`N �O [ � �_ /�rj,�' � ��� ILot 4R, Block A � McNatt Adciiti ; Cabinet O, Pag��� C; � \ ts' utility Esmt. (0/267) port of ract One . ��.,. (V.1029 P.480) Dc ��� �L. �� � 4o be Abandoned by � �� / �� P 16' Utilit�Es � „ I f �, � � •-• •�� ; separate 'tnstrument / ort o! Tract One�� v ry�c ,,, e• (V.1029 480 � ��P,.' to be Abandone by Y-�� �/c�C� ,�� �,� L2 separate instrument - — — � _ , � � � .;�}�`�i��?% ��` �._`�,'it _.. ��. -- -�-'i--� r� �pp - - -- -� EXHIBIT B �N °�� ///����h °�°+� Easement Abandonment �� � ,^� /��� s4�@P/\ 0.488 Acres in the � � � � � .Abst. .� I�o. 1330 �� rn � L� '� �,� 'c° . Gtdeo�� �a��ar�. S�r•veyo J� `4`b � � � p�� .' � .. . �° 'e7� \� /e // � J Proposed 14� Utility Esmt. M.E.F.&P.R.R. Co. St�rvey, Abst. No. 950 � i8y seporate instrument �,,'1t37 of Denton ���° `�° -' Texas / / �6' Utility Esmt. M(o/ss�) Denton Coullty, 3/4 LR.F. —�1 —�� X �D — 2013 ° (c.,�.) S50'26'S1 °'E � 384.00� rthur Surveyin�„Coe Inc. 26' San. Sew. E mt. ,_; � /(V.464/P.194}� I/ :; ` 40' Public ut�rcy Esmt. Y �Professional Land Surveyors / (V.1743/P.725) Lot 1, Block A LEWISVILLE DENTON Jamw Wood A�atopark 1�dciiti�n, �'h3se �II 22p Elm St., # 200 1172 Bent Oaks � C�binet R, Page 308 Lewisville, TX 75057 Deaton, TX 76210 Ph. (972) 221-9439 Ph. (940) 435-5155 Established 1986 � arthursurveying.com � PM CSL ATTACHMENT 2 to Abandonment and Release Page 1 of 3 �� , . �;-;� rthur Surve ing Co., Inc. ,,,� Y �- �t Professional Land Surveyors LES►-1sv1LLL UL�TOn :?'?(1 ELu SL, ��OU J 17Z Uent. Oalts I.eu*is�rille, T\ 75(]57 Ucnlon, 'C\ 'I!i%l[) Ph. (S)7?) ;�;?l-9�J� Plt. I`)^10) 4;i;i—::�1,5:� F.st.xblished I S)U(i �rlhur•s�u•cc,}-in��.con� .�illi _ _ ._ FASEMENT AI3ANDONN�NT 0.095 ACRES CITY OF DENTON, DENTON COUNTY, TEXAS BEING all that certaia lo�, tract or parcel of land situated in the M.E.P. & P. R.R. Company Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1330 in the City of Denton, Denton Coun,ty, Texas, and being a part of Lot 4R, Block A, McNatt Addition, an addition ko the City of Denton, I3enton Couiity, Texas, according to the pIat thereof recorded in Cabinet O, Page 267 of the Plat Records of Denton County, Texas, and being more particularly described as follows: COD'IlVIENCING at a 3/ inch iron rod found for the west corner of said Lot 4R and the south c�rner nf i,�t 1, Block A, 7ames V4�ood Autopark Addiiion, an addition to the City of Denton, Uenton County, "I'e�s, according to the ptat thereof recorded in Cabinefi R, Page 42 of tbe Plat Records of Denton County, Texas, and being in the northeast line of said Lot l, Block A, ,Tames Wood Autopark Addition, Phase IlI, an addition to the City of Denton, Denton County, Texas, according to the .p]at thereof recorded i❑ Cabinet R, Page 308 of the Plat Records of Denton County, Texas; THENCE North 39 degrees 35 minutes 25 seconds East, with the northwest line of said Lot 4R and the southeast line of said Lot 1, Block A, James Wood Autopark Addition, a distance of 22.73 feet to a point for corner in the south ]ine of a 40 foot wide Public Utility Easemet7t to the City of Denton, recorded in Volarne 1143, Page 125 of`the Deed Records of Denton Couniy, Teaas; THENCE North 83 degrees 22 minutes 25 seconds East, with the south line of said 40 foot wide Public Utiliiy Easement and over, through and across said L,ot 4R, a distance of 84.39 feet to the POINT OF BEGINNING, said point being in the southwest line of a 16 foot wide Utility Easement, part of "Tract One", to the City of Denton, recorded in Volume 1029, Page 480 of the Deed Records of Denton County, Texas; T�NCE North $3 degrees 22 minutes 25 se�cands East; conti�uing with the srouth l�ne of-said 40 foot wide Public Uiility Easement and continuing over, through and across said 16 foot wide Utility Easement, a distance of 22.1.3 feet to a poi�t for corner; THENCE South 50 degrees 19 minutes 44 seconds Last, departing the south line of said 40 foot wide Public Utility Easement and with the northeast line of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 110.48 feet to a point for corner; THENCE North 39 degrees 40 minutes 1 S seconds East, with the northwest line of said ] 6 foot wide Utility Easement and continuing over, tluough and across said Lot 4R, a distance of 1 I5.60 £eet to a point for corner in the south line of said 40 foot wide Publie Utility Easement; p:Ijvc�20111cod1state school interceptor - 6401725391360.201001dwg\1204167-2_abandonment2-revised.doc ATTACHMENT 2 to Abandonment and Release Page 2 of 3 ��'� rthur Surve Ir� �o. I r�c. :, ,� Y g � �� '� Professio.t�al L�tnd Sur-veyors -- -- l_f11'151I1,L1; ---- DE4T0� ?2Q F.lin til,, ��00 I1i3 iTet�l Oal.s Le�visville, TX 75057 Uenlon, 't:\ ;(i?10 Ph. (S)71�) ?_21-9�-;1') T'Ii. (9=1U) .435-5155 i:sL<<blistied tJiiG �rLlii.u•surve� i��h.roin THENCE North 83 degrees 22 minutes 25 seconds East, departing the northwest line of said 16 foot wide Utility Easemeni and with the south ]ine of said 40 foot wide Public Utility Easement and continuing over, through and across said Lot 4R, a distance of 23.16 f'eet to a point for corner in the southeast line of said 16 foot wide Utility Easement; THENCE South 39 degrees 40 minutes 16 seconds West, departing the south line of said 40 foot wide Public Utiliiy Easement and with the southeast line of said 16 foot wide Utility Easemant and continuing over, through and across said Lot 4R, a distance of 148.34 feet to a point for corner; TF3ENCE North 50 degrees 19 minutes 44 seconds VJest, with the southwest 1'u1e of said 16 foot wide Utility Easement and continuing over, through and across said Lot 4R, a distance of 141.77 feet to the POINT OF BEGINNING, and containing 0.095 acres of land, inore or less. p:\jvc1201 llcodlstate school interceptor - 640172539.1360.2U1001dwo11 204 1 67-2_abandonment2-revised.doc � . ; .� so � - ., � q � Rc \ \ Lo�A. 4,ryeps9C/�P \ \ 2 .� �� �/ / o9e �-QSP �f / ' \ � 60 0 60 Feet � �r �P Bearings shown a�e based on the City of \ / '/ Denton G15 network, LINE TABLE � LINE BEAFiING � DI�TlthiCE " �'` /, L1 N83'22'25"E 22.13' / � �2 N83'22'25"E 23.16' / �/ L3 N39°35'25"E 22.73' / �� � LH. 35E � Service Road �' � � / / \/\ � X FND � / O iC. M. J � � ��7 ° � '�C� N � / / � °�i d- f � /�,�,. � 16' (�t� y jsmt. v y � � .=d e�"a � � / / k' o � P+ � / � �s`� � ,�+ � � � J 11�' / � � / J��,��� � `—' �' � hatched area � / Q � p'� G _ to be Abandoned by � � �O � Q A � seporate instrument � / I � \c,. � U � / /� �'F,'\aP� a � / / � � �� �P � � W / / �n . . � V � �C � S I N � �/ n� s�Ly � / QC / / P' .�ti :`� / os�`� / �- Lot 4R, B�ock 11 y9��ii� � r�j , I �<�'.,�$� / . . . �"� McN�tt Adc�ition ti o z � Q , e �3'p / � i,�y �6��� � / / � �, � Cabinet O, P��e o �o `, �y,y . � e— q / ♦ . . \ 6'Sl0 0+.' . �OC \``', Q,1 � . . �... O v ' a/ I G21-°o °r� ,L��6 ���6/� / O �O I � I � �: ' �Y T . d- �i� a� (� .,�,� ;�� ♦ �� ♦ �, Q � , 16' Utility.Esmt. I � � � ,� : � � . �RF ��`� � "part of Tract One" � %/ � � Q .� (V.1029/P.480) � / � 16' Utility Esmt. �- � ��� ����`�°" to be Abandoned � �/ `port of Tract One°' '� �; byseparoteinstrument � / / (V.1029/P.480) � ^��'•Q. ,���g4��,�`'�'r,b � �` � S50°19'44"E 110.48' �' ���F���=� ��� �,'` E�semem� Abaradonmerg� ��s�� �,ti.� /� N50'19'44"W 14-1.77� �XHIBIT B /. .�y /� i�� //� ��p Easemen t Abandonmen t J�ry1 / � / � �. V . dJ . �,��`e-�� / I /�� � O.Q95 Acres in the .,6 / �� � ��,`� _\ Gid�on '�`�l�er Surv�y, Abst:' No. 133d j/� �. �— Proposed 14' Utility Esmt. — M.E.P,&P.R.R. Co. Survey, Absi. No. 950 / C� By separate instrument �, — — — City of Denton —� i6' Utility Esmt_ � (0/267) „ Denton County, Texas � 3/4l.R.F S50' 6'S1 "� X"FNO — 2013 — , `c.M., rthur Surveying Co,, Inco � 26' Son. Sew. Esmt. 384.00� ( V, 464/P.194) l/ , . � 40' Public ur�rcY ESm�. V ^ Px'ofessional Land Sursreyors / (V.1143/P.125) Lot 1, I3�ock � LEWISVILLE DENTON James Wood Autopark Addition, Phasc �� 220 Elm St., # 200 1172 Bent Oaks Cabinet R, Page 308 Lewisville, T% 75057 Denton, TX 76210 Ph. (972) 221-9439 Ph. (940) 435-5155 \ Established 198fi �� arihursurveying. c om - 640172539.1960.E0100\d.o\1204167-2_obnntlommt2.qro 2�2��201] 2�4T11 PX CST ��<<�. . � i �'.: - DATE : August 29, 2013 GF NO : 121395 TO : LUANNE OLDHAM CITY OF DENTON, TEXAS 901-TEXAS STREET DENTON, Texas 76209 RE . Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced �le as Lot 4R, Block A, MCNATT, Denton County, Texas and being commonly known as 4000 S I-35E, DENTON, TEXAS 76210 ("Property"). We are pleased to enclose an Owner's Title Policy No. 91143-15132 from TITLE RESOURCES GUARANTY COMPANY, issued in connection with the purchase of the property described in the Title Policy. The enclosed Title Policy is an important legal document, so please safeguard it with your other important papers. TITLE RESOURCES appreciates the opportunity to be of service to you and hope that you will remember us should you have a future need for the services of a title company. Please call if you have any further questions or if we can be of further assistance. Thank you again for letting TITLE RESOURCES help you with the purchase of your property. Gail Green Policy Processor gail@trnt.net 1 - �, � � � ,� t-` , a`.� j 1 Enclosure i �' r, � , , � �' � ��` � � , , , � � � � � � �� '��'��I, P �w t . �� i �_ � ��� !,� �� r i °�#" t �, ,r �^ , � . ,y k. P.�`� � . . . � -, 4 'Y t . '�fa� r �b. a .� � s ... . `� t � ��h + r �t� � � �� � ��, ` �� ` �. � s s � - � ��9 � � ' y�� � � t _ � � f � 't �'� � `,. {., 4 � t d � _._ � , d � 525 South Loop 288 Suite #125 * Denton, Texas 76205 * Office (940) 381-1006 * Metro (940) 243-2913 � Fax (940) 898-0121 � �.�. w...�.�w_ �� _ File No . 121395 � Policv No 91143 - 15132 Premium: $2,598.00 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 "encroachmenY' 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: (i) 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. � ,� �6,�'�+�"���� Tl�le Resources Guaran[y Company � �„ � � ���,� �x'''�'�.. BY: ��'r{-�.C..t„i �J � F r�i d. �"_ yf �. �� ��� � 4 q;,�'��. ,� u�Yi x��i ��+a€zs�dre �„.f�, ��°.� Execu[ive Vlce F%r��id�nt � � b ����'��� �C � �g ��„��� .. ��� �� ��x��y� P 525 S. Lo�p 288, �te 12� �«�,�,k �.� Form T-1: Owner's Pc,���t� � � ���5,��� ����y ��� icnaa� Effective 2/01I2010 TLTA T-1 OWNER'S POLICY (2/1/10) . '� . . � � . 1 Name and Address of Title Insurance Company: File No.: 121395 Amount of Insurance: $411,000.00 Date of Policy: June 25, 2013 1. Na e of Insured: � �, � . - Policy Na.: 91143-15132 TITLE RESOURCES GUARANTY CO P Y 8111 LBJ Freeway, #1200, Dallas, TX 75251 2. The estate or interest in the Land that is insured by this policy is: Easement Estate 3. Title is insured as vested in: � � � � 4. The Land referred to in this policy is described as follows: Policy No.: 91143-15132 ' • �� �r '� •: 11 I:.- � ! a �` : � � ` • ''�' • /�:� •�:��. .....�� r!�: • r: !' .+., �' �;,• .. +.;: ' • *� I '. � • � ' � - ' 1� �: � ���. .' w :. � - ' � � , �, _ � '� � .. �.. • t. .. •�� � - �,' � • . ' File R1o.: 121395 Page 1 of 5 08 TLTA—T�1 Owner's Policy TLIH 1°� oYi'1VL`1�9�J ioL1l.Y (L�l�lo) � ;� ! : � � � �� ♦ ���� . : ���... ��.... � :• � .:.... -�.. � ... � - / Policy No.: 9l ] 43-15132 This policy does nat insure against lass ar 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 fallowing matters: 1. The following restrictive covenants af record itemized below (the Company rnust either insert specific recording data or delete this exception): Item No. 1 is hereby deleted. 2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. Homestead or cornmunity property or survivarship 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 shares 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 iilled-in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of inean low tide ta the line of vegetatian, ar the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing autharity 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 af an exemption granted ta a previous owner of the praperty 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 Campany must insert matters or delete this exception): a. Rights of parties in possession and rights af tenants in possession under any unrecorded leases or rental agreements. • • � '� � �! . 1 rt- ► . • � • �• �., • • • , • � � ; .r • '.*- • ' '- • � � �-T • • A 16' utility easement along the rear baundary line and running acrass a portion of the east side of lot as shown on p at recorded in Cabinet O, Page 267, Plat Records af Denton County, Texas. d. Easement executed by W. H. Overall and wife, Minnie Overall to Texas Power & Light Company, dated 5/6/1930, recorded in Valume 231, Page 252, Deed Records, Dentan County, Texas. File IVo.: I21395 Page 2 of 5 08 TLTA—T-1 d4vner's Policy TLTA T-1 OWNER'S POLICY (2/1/10} Policy No.: 91143-15132 e. Easement executed by W.H. Overall and wife, Minnie Overall to Texas Power & Light Company, dated 7/30/1945, recorded in Volume 320, Page 482, Deed Records, Denton County, Texas. f. Easement executed by Joe Akers and wife, Betty Akers ta Brazos River Transmission Electric Cooperative, Inc., dated 5/14/1946, recorded in Volume 332, Page 484, Deed Records, Denton County, Texas. Assigned to the City of Denton, Texas, by instrument dated 10/23/19$7, recorded in Volume 2736, Page 825, Real Property Records, Denton County, Texas. (Blanket Easement) g. Right of Way Easement executed by JOE B. AKES and AMA BETTY AKERS to SINCL REFINING COMP , a Maine corporation filed December 18, 1947, recorded in Volume 341, Page 194, Deed Records of Denton County, Texas. Assignment ta SINCLAIR REFINING COMPANY filed January 22, 1951, recorded in Valume 367, Page 242, Plat Records of Denton Caunty, Texas. Encroachment Agreement filed October 12, 1972, recorded in Volume 657, Page 356, Deed Records of Denton County, Texas. Agreement Defining Right of Way filed Septernber 29, 1969, recarded in Valurne 592, Page 131, Real Property Records af Denton County, Texas, being a 50' ARCO Pipeline Easement running acrass lot as shown on plat recarded in Cabinet O, Page 267, Plat Records of Denton County, Texas. h. Easement executed by Thomas E. Noel and wife, Fama C. Noel to Texas Power & Light Company, dated 7/18/1955, recorded in Volume 416, Page 235, Deed Records, Denton County, Texas. i. Easement executed by T.H. Cunningham and wife, Hilda H. Cunningham to the City of Denton, Texas, dated 12/17/1960, recorded in Volume 464, Page 176, Deed Records, Denton Caunty, Texas. j, Easement executed by WALTER M. LEA and wife, JANE C. LEA to CITY OF DENTON, TEXAS filed February 2, 1961, recorded in Volume 464, Page 188, Deed Records of Denton County, Texas, being a 26' sanitary sewer easement running across lot a shown on plat recorded in Cabinet O, Page 267, Plat Records of Denton County, Texas. k. Easement executed by Henry O. Taliaferro and wife, A. Kathryn Taliaferro to the City of Denton, Texas, dated 12/22/1960, recorded in Volume 464, Page 194, Deed Records, Denton County, Texas 1. Easement executed by Joe P. Farina to the City of Carinth, dated 3/23/1972, recorded in Valume 650, Page 281, Deed Records, Denton County, Texas. (Blanket Easement) m. Easement executed by Willard B. Naughton and wife, Evalyn Naughton to the City of Corinth, dated 4/24/1972, recarded in Volume 650, Page 346, Deed Records, Denton County, Texas. (Blanket Easement) n. Easement executed by M.F.A., INC. to CITY OF CO TH filed October 18, 1972, recorded in Volume 657, Page 735, Deed Records of Denton Caunty, Texas, being a 20' water and sewer easement along the front boundary line of lot as shown on plat recorded in Cabinet O, Page 267, Plat Records af Denton County, Texas. o. Easement executed by CALUSA DEVELOPMENT, INC. to THE CITY OF DENTON, TEXAS filed August 8, 1980, recorded in Volume 1029, Page 480, Deed Records of Dentan County, Texas, being a 16' utility easement running acrass lot as shown on plat recorded in Cabinet O, Page 267, Plat Records of Denton County, Texas. File No.: 121395 Pa�e 3 0�' S 08 TLTA-T-1 Owner's Policy TLTA T-1 OWNER'S POLICY (2/1/10} Policy Na.: 91143-15132 �� - -� . • •- r �' • !� � " • �. �, -�, : a • �-� • , - �,.- � �--• ' - • � �- �� � - �• - - - -� � �- �'•• +, -� 1 '• . - � �-� ; � , lr '.�- � 1--� �- • � '�- • • w -� � • . '! • •" ; • • ! � • . _� •,'•�- • ': - � r,-� • 1• '.._ . l--� '- • � • �- • , • � . . • • r � • R . • �-r .r � '.�- + ' '- � � • �- s • i - -* � . ' :, :. �. � . � . . � . � � i !; �I; � . -� '': � �-� • - �'' '.�- !--� '- • � r �,_ • , s ,�1 •, ;r • , • � r', - t�-� ,. • '.�- • '' '-, • � • !- + + �. Royalty Reservation of an undivided one-sixteenth (1/16th) non-participating royalty interest (same being one-half of the usual 1/8th royalty) in and to all of the oil, gas and other minerals in, to and under and that may be produced from subject property in Warranty Deed executed by Cora Gross etal to V.H. Thomas, dated 10/5/1942, recorded in Volume 298, Page 464, Deed Records, Denton County, Texas. (Title to said interest not checked subsequent thereto.} t;, Royalty Reservation of a nan-participating royalty interest of one-thirty second of all oil, gas and/or other minerals that may be produced from subject property in Warranty Deed executed by Jae Akers and wife, Ama Betty Akers to Thamas E. Noel, dated 5/12/1951, recorded in Volume 370, Page 283, Deed Records, Denton County, Texas. (Title to said interest not checked subsequent thereto.} u. Royalty Reservation of an undivided one-thirty second (1/32nd) nan-participating royalty interest (sarne being one-fourth of the usual 1/8th) in and to all of the oil, gas and other minerals in, to and under and that may be produced from subject property in Warranty Deed executed by Thomas E. Noel and wife, Farna C. Nael to Walter M. Lea and wife, Jane C. Lea dated 10/26/1955, recorded in Volume 416, Page 521, Deed Records, Denton County, Texas. (Title to said interest not checked subsequent thereto.) � - • ' - r, • • • -- - -• • � ti- •. ' ��- ' • r. � :'. - • - • •. , � �. -� • � � - � �-� • . � • �.,- � l--� ' - • �, �- • • - •� ' -� r - • �-s • - , � '.•-'�1 !--� ' - • � l- • •, � ' - �-� � - • �-� � � - • ',._ *!; "- ' ' •�- '- � � �- • • - . - • "- r � . ., -- - - - -� r , a .- -- •. '' �;- ` • •.', . � ", -r. �: • � �. ! � . �� ��. 1 . - f'�, # � � ... • f - I ; • ��. , - � ., 1 ' , +. .. � ��. - - # "�' -� • !; �. �- • • - •� -� r � �-� � - � a �,•- +�• �--� '- • � �- • � - � ' • -� • !'- - •• • •. � - • �-s • , -' # ',+- i--��"- • � !- • • �I • �-� r - • •-� � �' ',�- '*1 •_ • �r- "_ � � 1- • • � _ r - . . - r � � � - - � ' '. - � I w . �� •, ��r •� - • - �. -� ' �• _• • , . •�� - • .-� �- �- • • - - .- �: ' 1 1. r' - � '. �. "- ' •�,- ' - • w !- � • - , r ,- -� • • � 11 - • �-� �- ��- r �•. ; �' � I;. r„ .i � � _ i � �,�,-: i r:' t:�•..�' +' � 1: ��. � ��- : . * �� � File No.: 121395 Page 4 of 5 08 TLTA—T�I Owner's Policy TLTA T-1 OWNER'S POLICY (2/1/10) Policy No.: 91143-15132 �. :� � ���. �� �� ���� . � � : . � ' _ " � 1'. ��. :� ' _ ... � � R� ' ,��.. M�.� •. • �� , � � - w �, -� •• -� � � •► • �-� �- t- • � - �- + '11 �'11. "'-. ' r�- "'- � � �- • • �• w . � . . . -- - -r �- -- , . � ; � . � � � • •, + • � +' � ' _ , , � � '' , �. - . � -� 1! �- . 11 : '1� "- � •.- '- � �, • �- � • � � � � �. � �, . � - , - ' + Y '. . � . � a�. • �: . � �!� ��. ��, ��. � '! .� � ... '� � ' � � � �: . ��. � . � � � i � � i ... � � .. . R � �..�. . , . r ': �.... • # •�� �: � ' ... w. � '. �! 1 � �. �.' � � � ,, ,. � ♦ ; � � c � '��. � ... � ' � . ! �., �, � ..! ',' �*, • • -# 11� �- 11� � : '- '' ��- '- • t r l- • • • - r' • �- -� . � ' ! :' , � . . . � ., � '-� - l 1 '•' �- ' ��- "- r � � !- • • ' w� ' � - -� � � ' - -♦ �, � � • �, * '• -� ! 1 '* ' - '' ��- , ' - a � • �- •, • �• . • � .� + . �! � - - -� � � ' -� .. - • � • � � , -� - 1 1 'r� ''-. ' �.- ' - � # • �- • s - File Ato.: 121395 Pa�e 5 af 5 08 TLTA—T-I Owner's Pa(icy 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: (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. (i) 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 predecessorinsured. (e) "Insured ClaimanY': 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. (i) "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. Q) "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 (i) 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. (i) 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 competentj€�risdiction, 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 (a) This potqcy lca��tl�er w+t�� �all endorsements, if r�ny, �tt�cf�r�x� t� it by t��c ��a�r��r��y is li�� �nt��'� �rc�hry a��d contract between the Insured and the Company. lat I�°�t�rpr�fir�� �e�y provision of this perii�y �9tis pal�c;y sP1�ll �e. �anstr��d �s � wkacr�e. (b) Any claini ca# 1�rss c�r ct�rx�age that arises ou� �t it�� st�iu� rs# tE�e �°�tf� �r by any ��ta�as� �ss�rt'srsg �u�i� cl�im, shall be restricted to this policy. (c) Any am�rtrSr��r�t caf rar �r�dorsement to this pc,i�cy rraus# t?� o�� writ�nc� ar��' �t�tFaertt3eat�� by �r� �uihtsrt���! person, or expressly incorporated by 5�h�r�ude I� cai tE�ss per���y, (si� ��ch �n�vrsen��f7t t�s th6� �r�li�y issLa�� �t �a�y tim� is rrr�d� a p�rl c�� t�is �aE��Y' and is subject to all of its terms and provisions. Except as the ��7��,����Q�� ���y������ �{����,d �� ���� �,�� ���'���{� �,��a �y{ �� #���;� ��� �r�,vi�€€sns of the policy, (ii) modify any prior endorsement, (iii) extend the Date �i �'aPicy �r (uvj inc:r��as� i��; Rmrur�t af 8���u����c�. �a�tr �t�rr�mit�racu�t, �rsdors��ry�nt or other form, or provision in the Schedules to this policy that refers to � t�rs,� �f�filr�e� kro ���tican �+�f tl�� Gand�tE�ro� st��ll �c d��n�ed tc� �gf�r tn 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) Ct��a�c� r�f �.�w: `�h�: 9�rs��rer! ��;k���ivl�d�as k�te C��zrr�pa�y It�s u�d�rvvritt�es !he risks ��v�r�r� l�y lh�s p�li�;y ��d drt�r�ir��c! Ch� �r�rr�i�rtt ch�r��t! therefts�° it� r�3i�nc� t�p��€� ti�� law afife�;torrc� in#er�sis �n r9a3 prt��a�r1y an[� �p�lkc�k�i� t� Che inFer�tr�i�krtort, rtc�E�ts, p'ern�d��s cs�° ��sfc�r�emcnl �t polici�� �af t6kle ins��c�r�cc r�f tP�� j�aris�RCte+��a wi��e� �E�� L�rrd i, �c�c�t�d 7hsr�f�r�, tk�e �a�ri rt�c as� �rl�itr��or sli�l9 ���ly tl�s� law af t��� �urisd'sctecan wlre��e the Lan�P rs la��t�;ci Ecr dQterrrain� tR�€� v�f�diiy oi e;l�i�a� ���in�f t}�� `V'ii1�* tf�at �r�; a�9v�es� tts t�e� tln���re:c�, an�{ �n srst�:rpeefi€�� ar�d �r�Yrsrcl�g ihe t�rzns caf this E�ral3�y. Irr ��itkt�r �a�� ���II ik�� ct��ar� pr �rC�itratar ��p6y Yds ��a€��Ir�ts vf lavws p�it��kpF�s ta c9et�rr`ni�e tl�� appii��E�ie I�w. ��� Ci��,�� �a� F�rur�1, ,qny Mftwg�tia+� �s• c�tp��r �rQ�e�d���g brouc�ht kay the Insured against the Company must be filed only in a state or federal court within th� l]���t�:d St�t�� c�d l�n��rica car i#s t�crilr�rie� f��vir�g �p�rca�r��te� �urisdiction. 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. Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 2/01/2010 FT (6/2001) File No.: 121395 , �, � - Privacy Policy Notice , .,� �, � -y 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 perforrn 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. 1 � � ' 1 " � � ' : ' ' � � ' i � : � � � , �.. � .;�� � , � . 1 : 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. FT (6/2001) File No. 121395 . � . �� , . , � �� . Privacy Policy 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. 1 � � ' 1 1 � ' :' '' ' � �' � - : � � � � ., , .; , � , ;� , � . � � 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 121395 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 para 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. (i)