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2014-188s:\legal\our documents\ordinanees\14�nj ed ordinance.docx � •� •.'1 . • � �•` � •' � � � . . • , . � � . � ', + � � , �: � ' • ! • ` . � . . • •. . � . �� • : , � 1 • ' ' '', •' ' : � '' �' ' R �'� . .�. �; . •. • , � •�. � . •• � • � 11 : • • •'' � '•'! ' ` � ''' �; c � . � . . . � .. . . ; � . , � .,� � �, �; � � � . . �� . � .• �, � ,; ! �' : . . . ' �' ' • . � . 1' . ' . . ' � � ..�. . . . �� • � ''•. • • �•.'� ' ''• � • . � . ..�. . . � • • • � ' • ! '' • '' � � ..� � . . . . � ..� � . �. WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and expansion of Mayhill Road affecting, among other lands and interests, the Property Interests; WHEREAS, the widening and expansion of Mayhill Road constitutes a valid public use of the City and its citizens; WHEREAS, the City made a written Initial Offer (herein so called) to JnJ Prominence Square, LP, a Texas limited partnership, the owner of the Property Interests ("Owner") on January 27, 2014; WHEREAS, the City pravided to the Owner of the Property Interests at the time of presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports produced or acquired by the City relating specifically to the Owner's property prepared in the ten (10) years preceding the date af the Initial Offer; WHEREAS, the Initial Offer made by the City ta the Owner af the Property Interests did not include a confidentiality provision and further informed the Owner af the Property Interests that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interests with others; or (ii) keep the affer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (L1dW 66Non Canfidential Notice")y WHEREAS, the City made a written Final Offer (herein so called) to the Owner af the Property Interests on April 17, 2014, said date being after the thirtieth (30`h} day after the date on which the City made the Initial Offer to the Owner of the Property Interests; WHEREAS, along with such Final Offer, the Owner of the Praperty Interests was pravided a written appraisal from a certified appraiser of the value af the Property Interests and the damages, if any, to any of the Owner's remaining property; WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a copy of the written appraisal; (11� copies of the (a) Special Warranty Deed; and (b) 51ope Easement, all being the instruments proposed to convey the Property Interests sought to be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21,0112 of the Texas Pr.operty Code; and (iv) the Non Confidential Notice; WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14) days to respond to the Final Offer and the Owner of the Property Interests did not agree to the terms of the Final Offer within that period; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government Code, in addition to other information, as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interests; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (i) fee simple to a 1.251 acre tract; and (ii) slope easement, encumbering a 0.161 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1400 block of North Mayhill Road, each affected tract located in the M.E.P. & P.R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A", to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the public use of expanding and improving Mayhill Road, a municipal street and roadway in the City �� L�inL�ny TPX�AS9�y anl.d WHEREAS, after due consideration of the public interests to be furthered by the public use of expanding and improving Mayhill Road, a municipal street and roadway. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: �1��'i'ION 1. The Council iinds that a public use and necessity exists to widen and expand Mayhill Road and that a public use and necessity exists to expand and improve the City of Denton landfill to serve the citizens of the City of Denton, Texas, and that the public welfare and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by eminent domain, (i) fee simple to a 1.251 acre tract; and (ii) slope easement, encumbering a 0.161 acre tract, for the public use of expanding and improving Mayhill Road, a municipal street and roadway; generally located in the 1400 block of North Mayhill Road, each affected tract located in the M.E,P. & P,R.R. Company Survey, Abstract No. 1469, City of Denton, Denton County, Texas, as more particularly described on "Exhibit "A" attached hereto and made a part hereof, by reference. The Council hereby further finds and determines that the acquisition of the Property Interests is for a public use, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The Council hereby authorizes and directs the filing and prosecution of eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests. SECTION 3. The City Council hereby finds that the Owner was the record title owner of said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided in Section 2, above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interests. SECTION 4. The City Manager, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interests by eminent domain, including without limitation, the authority to expend funds related to the prosecution of such eminent domain proceedings. SECTION 5, The recitals provided in this Ordinance, as set forth above, are specifically and expressly adopted by the Council as express findings by the Council. SECTION 6. If any section, article, paragraph, 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 7. This ordinance shall become effective immediately upon its passage and _— approval. PASSED AND APPROVED this the �� day of ��„�`�� !��"�, 2014. � �� I� �� , � ,w.,. � ;� n.�....� r'� ._..�.w ° �` .� __ �,1 �I� WATTS, � � )1� ATTEST: JENNIFER WALTERS, CITY SECRETARY , ; By: � .. � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY B f � �� Y" • _�...�� .�_.__.. . -. �,.s. EXHIBIT "A" to Ordinance (Property Interests) w � � +Y► ,.�:�. r _ .. a � ' _ ..�� : � , . - '. � � i :♦ � .! .. �. ...:�, .. � �� i. ! i � # ' ! i ! .; ., 1 I�.;. f 1 �' 1 �' 1 1 F; � • � ' � .�.� i ..�� ..... i � ' ♦ ,. +��. , i ' ..,i �.. �. M� M ,��:��# ♦' ..� '# � t. '# 1 ,', � �:�: - _ ,.: � � ' ,.. e �' -,. � - �� ' ' ! . ' `- �r R • � � �, , ♦-• : � � � •� � � - � � - .- � , � �- �. .-� � ��*` .�� . M � . . �' � � . • • • R-� � � � � ' ! � ! w 1 *-+ •- - 11 � - � ■ . a _ � . y . - ' � ♦ � ' r � • . � - . - � , ♦ . � �� --r • � � . � �. � ■ _ � � r 1 .:... ; i�.-. - -- �� ...�J � � � +�..�. . r �-. .. ... , � I. c � � i ' "�� . �'. • i ' . . ! .. � _ ,.. � R /�.: . �► f�, ��. � � �.': - - . • ' �...: ! ■ ... .: * . ,. � i�: . ■ • ,.:� � ' ` " �. . . ,. � , � " !: � ...��• �' R��.:.� . ��" ' ..�: .. ,.� �- � : � . � � .� • ��7 �. ..� _ � � 'I • •, :. ! .� .� #. , / _ ' � �. ,,. ..,, � �� . R ■ " � ! '��`. � i � l.., . I �� _•.. . .. � R �. i ., . • � *', '. ! . � . i � � R � #... � ' ' + �... �. ' t '.: � ' 1 .*�. ' # ` � � . ' . . + .. -� - . � - � . - � - *�.. # + . � - -.;'• -'� � : � � • � � EXHIBIT "A" to Ordinance (Property Interests) Ken Hodge & AseocfaEes Volume 2321, Page 939 �R. �. N88 °39'45"W C,M.) 611.60' ---�--M, R=10067.50' L=# ��}..�� ao°s6�os�� d.=NO2°44'30"E 164.25' W r°i ` 0 0 0 ro S$8°39'4S" 4 � 113.73' � ��Tj f:s 50 t00 SCALE; 1" = I00' Bearings shown hereon based on the City of Denton GIS Network. NO°1'ES: • T.R.F. = i/2" Iron Rod Fou�1d � I.R.S. = 1/2" Iron Rod Set with yellaw cap starnped °Artliur � k �� Surveyeiip �omp�ny" � p Ali isnprovem�etts not shovvn l�ereo�7. � ��j � �. s F3[anke2 L-aseiv�ents recarded gn Vol. �f]dS Prominence Square, LP. � � �• Instr. No. 2009-27978 � 14I, Pg. 366, Vol. 1041, Pg. 7d2 & � �;� Vol. t067, Pg. 8&6 include tl�is lot. � � � �: � � � �a, �� New R[ght-of-way I.091 ac. (47 540 sq. ft.) ccn�, �� xistin� [tr3@7�ic�; Dedication 6.16Q ac {s;,{)�`?' �,€�. �l.} =�� . ��'�'�;� i54,5d2 sq. ft.} r.� e � � .��;. arCel azg o � � � �,'a � z� ,. �:ny � k�� `,: � � � �� cy;s�tary Sewer Easement � �� vnlctm� 659, Poge 569 � � � � `� � , :� � i i � ° ( t � +,� �i§� � .. �a ��.�'� � �� : �„ � ,� 1.R. S. � - .� _ �'.,�� '�.� ��. �!� �"'W � :.��Se�urt °�+ � '� � s �'' �� _ �� t: C t M. M1 1 I4.81' � � , �' P � ; � S , Y �� . � .; ="�� o '''� � � � p City of Denton � � � �� Volume 545, page 102 �.y w � _ ,;o-., .�'e . v7 y �j. � 5/ ° f.R.F �C. M.) � ........ � � ........ � .� r � • ♦ � ! � .... �,.. ! � ; � r� � E� ■ s � � � � � �' # . i' # � '" � � . � SUR V�YORS CL"RTIFICATtON: The undersi�eQ does here6y ccGfy to TiPte .R��rcas (ir.�. e�i9. P[f�•0f73j dt�C td�ix:;urs�y s�er�. f�xi_= �tiy� ru�tic t�.!�. Le� br�r�rT�tP t�P-��jie psns/y�tay frg�flu udr.+,�rit�r� Frerec ��a��r� i� car��^cy. aurl [a ataa i�r.s� ar` my �owledge, therL aze no visible discrepaecles, conQicCs, s&ortages in arn, 6oundaryline coaflictc, encro eats,ovecleppiegofimprovcments, eascmcoLs or nghffi of way [Gat I have been advised of excepc as shown hereon. .' . .FC5S2 0 _. _ �.....aa ..� P.O.Box 54 Lewisviile, Tesas 7606'7 Offioe: (972} 221-9439 Fax: (972) 221-4B75 Established 1996 EXHIBIT "A" to Ordinance (Property Interests) . �; � � , . - � a ;.� �, � r' ; . . - • � . , . - � � • • + � � � � + � � , � � � RI � ' � 1 � 1 � ; � ; . � �. � . ' " + , ,+ - ,, � . � -� . -. . ' . _ . � ,, � 11 ' t �i . � � .. • � � � • � . . • • w - s - � w � � . . , .w �� -�;�w� �� , _ . � �• , , � ' a . . " '� � -� � �#.. � �, . - • � • . � , � a ! : � ! � * � � � y� . ._ �,� . - � - � � � . w _� ■,. .� � • . , ��- r --� ' �, . � . , �. . - •.� � + - � ! . � - • * * + � '' 4 ' M � 1 . 1 T EN�E over and acrass said :1NJ Proiniileuce tract, with satd curve to the 1e1�, t�u�ough a central angle of QO degree 56 minutes b5 seconds, wliose chord bea�-s 5auth 02 degrees 44 inuautes 30 seconds West at 164.25 feet, an arc Iength of 164.26 feet to a I/2 utch iron rod with yellow cap stamped 66ASC99 set fcri• coi-ner; TI-IENCE South 02 de�rees 16 minutes 28 seconds West, over and across said JNJ F'rominence tract, a distance of 312.37 feet ta a 1/2 inch iron rod with yellow cap stamped "ASC" set for carner ui the nor�th line af a tract of Iand described by deed to the City af Denton, recorded in Volume 545, Page 1 d2, D.R.D.C.T.; �`HENCE South 89 degrees 48 minutes 44 seconds West, with the north tine af said City of Dentan tract, a distance af 25.02 feet to a point for coiner; T ENCE North 02 degrees 16 minutes 28 seconds �ast, over and acz•oss said JNJ Prominence tr•act, a distance of i D0.00 feet to a point foi° corner; T�NCE No►-th OG de�i°ees 15 minutes 49 seconds East, ovei° and across said JNJ Prominence tract, a drstance of 378.6I feet to the �OINT OF B�GINNTNG and containing 0.161 acre of land, znare ar Iess. . �r,� y �� a ; � �, _�� . , � � ; �� .�� "�� 4 � ', �� t� � � y� � � . �' ��, � � > >�,°t�� C1107131�14 Parce] M029-SE EXHIBIT "A" to Ordinance (Property Interests) �` f.d� � ,,,•'# {CM,},� � Ken Hodge & Assoclakes �'�� Vol e 2321. Page 939 `�`"� � � ," y i " F"' o , +� 1' - . �p "�? �, � ��'' . ''�',r � +�� -- {•,' {� � I l.R.F. N88'39'45'W ; � �,� r � (C.M.) 6d1.60' �;"� N1�t3".��"�J V�' f o-__.��.._��_ �_�; _..__9r3.?s°-81&� �U' f.R.S. � � �'��cat! �z~�3 , � � �� V �� '��• �==d�rCl�i.�a' R �� z-�t� �� ,. ,�s $ � � ��'=�� E�°��s , � y.�� t�t��.��;�?��r��r�� L � � 164,25' I � o � r � "� � i � .� ��l.f�.�. � � 3 I--�1 � �s � � $ � � .FN3 Fxrai�irassace *�e�iaaare. 1.�Y � ;� � �J $z�;rt;�', �+w. ��i£J--��r�18 �� A� � � �;l�+�a� �+.:��i��r�� ; (i. � � � �c�•� �.� � � ' {7,��?� ��c�. ��.� g � � �� I J� ��:, � � �� , sur��r�ry �wwer � c3 � k � � Yrl.: F�� F'g.� 5�� { 1 �mm � � � � e �,. �. ;�' � �i�4'48�44��E� • t �, �. 114.81� `�,�, v _ � .� ,. 5��i�',�,�� m � _ � � ,.� �6 � �ai1 25.02' � � �� o �� a� citp at Denton ��r �a Volume 545, Page 1a2 � � t,� 5� ,; I. R. F. �C.M.) � ,, � ,: . .,. �i � � �,; ■ � ! � � � � � � � � . � � � ■ ,� . � , �- �+� � lr + � — • • •� � —��,��,� �.w - � + M � �OTES: • I.R.P. = 1/2 ° Iran Rad Fotdnd . I.R S. = 1/2" Ieon Rod Set with yellaw cap stamped "Arthur Surveying Compa�ty" • Alt impravements not shown hereon. + I31a�ilcet �asemeuts recorded in Vat. 141, Pg. 3G6, Vol, t04i, Pg. 7�2 & Voi. t067, Pg. $86 include this lot. � ��pw��i��,w!��w�� i�� NQTICE OF CONFIDENTIALITY RiGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRII� ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN �NTEREST �N REAL PROPER7CY BEFORE IT IS FILED FUR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED �TATE OF TEXAS COUNTY OF DENTOI�T § § § KNOW ALL MEN BY THESE PRESENTS: That JnJ Prominence Square, LP, a Texas limited partnership (herein called "Grantor"}, for and in consideratian of the sum oi TEN AND NO/l�a DOLLARS ($10.00}, and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home RuIe Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas'Ib2Q1, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SE�,L and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly descrihed in Exhibit "A" and depicted in Exhibit "B", attached hereto and made a part hereof for all purposes, and bein.g iocated in Dentnn County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all aiad singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"), ��,e�Grantar, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors and assigns all oil, gas and other nninerals in, on and under and that may be praduced from the Property. Grantor, their heirs, devisees, successors and assigns shall not have the right to use or access the surface af the Property, in any way, manner or form, in connection rvith or related to the reserved oil, gas, and other minera(s anc[/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without linnitation, use or access of the surface of fhe Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, ekectricity or other utility infrastructure, andlor for subjacent or lateral support for any surfaee facilities or well bores, or any other infrastcucture or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the terrn "other minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i} all substances that any reasonable extraction, rnining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Yroper�y. The intent of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in accordance with that set forth in Reed v. YYylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area frorn the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Exceptioas to conveyance and wanranty: Easement executed by Prank Kluck and Wilhennine Kluck to Lone Star Gas Company filed June 21, 1915, recorded in Volume 141, Page 366, Deed Records of Denton County, Texas. Grantor hereby assigns, without recourse or representation, to Grantee, any and all claims and causes of action that Grantor may have for or related to any defects in, or injary to, the Property. TO I�AVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's heirs, devisees, Page 2 of 3 successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Prqperty unto GranYee and Grantee's successors and assigns, against every person whomsaever lawfully claiming or to claim the same or any part thereaf, by, through or under Grantor, but not otherwise. EXECUTED the � ��'��'�� of _�.._ _ .� �° �..._eW_a 2015. THE STATE OF TEXAS COUNTY OF DENTON � � JnJ PROMINENCE SQUARE, LP, a Texas limited partnership By: JnJ Concepts, LLC A Texas limited liability cpmpany �:��w�i��.� 1��1�� l:� �� °�� =�� _� �"��._ . ��..:�.��.°:._�� .)��r�� J��l�r��c�� `o��° � ACKNOWLEDGMENT � This instrument was ackn��u��c9��:1 before me �� , 2015 by Danny Johnson, Manager of JnJ �"4��+�+��s, LLC, a T�x� �ux i�t�t�� tl��>��i�.y ��pany, as general pa.rtner of JnJ Prominence Squaxe, LP, a Texas limited partnership on behalf of said partnership. , o. � � �� w , t ,; , i , �� ur �. �d� � I` � � ri ,,i pi � r�abaa;:� � `' �� 'b G' '� � 4 G wa� f � d frn�f E�� i�� e�,��Po �,,��.��Y��,�� e��Va�� Upon Filing Return To: The City ofDenton-Epgineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 75209 Page 3 of 3 Notar �1�� c�� `� t�!� �� F 1 a �m.,, �___m.._..... �Y �i �' �"� � ��*��""'�p� pr My ��r�7�r�� c� ��Mr�� 4�' g� ✓ Property Tax Bills To: City of Denton Pinance Department 215 E. McKianey Street Denton, Texas 76201 �� rthur Surveying Co., Inc. �".��a�"��,��.1'..�.�ced �ac�,��;�~�x~� Y>.O. $ox 54 —� Lewisvillo. Te:tas 7.�067 � Ofiice: (972) 221-9439 -- Fax: (97�) 221-4675 EXHIBIT "A" MAYHILL ROA.ID PARCEL M029 1.25� Acres City of Denton, Denton County, Texas '�'�� 1 th�� a��k �i�a1�a� i�•sa�E �� ,��I� ��" G�a��'� s��a��4�.�� i:�� t�i�� °N.�:.�a � T�."�'..R Co. S��rva��, �1��r��:'��s��ber ��a�, �� la�s��',�a>�r� a�`�9��t �r��i ��" la�a� dcs�i°�kr��d l�,y c9�c�,� tti� ,��N' �'��r��rw�� Square, �.i�., �ra��~�c�d t��r�'�;��• �.��s��axi �ia. ��7'�-�"�s�"��, �)��i�� Gr�'y�� ,�r��s� 1��ton Cownty, Texas, and being more particularly dascribed �:� �a��aws: �i��'��d1��C� ��i� � °"�T��' �➢'�!�C �ck �rr ,�r��+�r�i't I��w�� az� �9�� r��r�rtl��i �r��rN�az- ��`sair� �,! �"�c�rr��s��.�:s� �s��c�w ��aaa� �c��rt ��m�,'r.� �l��a �r�xrN.�� Lq��; taf'r�� r� �ri`��arr�� i�s��rikac� 1rw' ��a�t�l t� �� m��'a�,�� t As��s��, r�.��a1��,� ai�� "�lu,n�� ;��, �"��,� �;3�a i,�� csrrc�sW ��p�i�r:t �:ut��'�'� °I'�ac�s (��.1^� 17.Cs'.1".},„ �'��1��'� ��r�th �� cl��°��;� �� r��.�l�� l��! �u�;��M� "'�'�s�, �r��a..��yt�:xIl 1ic�r��ti, a r�i�ti��au� q��`�� :�.55 ��t: to a ��.��r� �4�� .t ��r� �'��;�^��'1 �taa� �� t��s�b.�tPavw�� s�a�;�° �r��'��g� .�1� �c�'arr��n�c� t�r��;k r�n�� t�� n�a�t6��+��t co��m�� of a�:r��t of 1��r� �:��Ms�ru��s� �� i��d. tua �� 'i�� s��l��r�t��, s��°d�� i�� r�4r�a�� r4�� Z��s I�.:�.�.�.C",'�`.� TH�N+�"� ��a�tih 89 d�.��„�s 48 v��n�ttc� 4�G'. ��p�� "1�1��, �vu��'a th� rac�r°t17� ltrro� of ��i�W; �"��;y �f [��t�rr,, t�a�:g', � c�i��'�r:�ce of 114.�'1 �t��t �c� a 1/2 �a��l�� iron a•a:r� �it�n ��.l�wv aa�� t�n�p��f' s��C�lt��r St�i°v��ing �"�r�r��n��' (�SC� s��'k��p� u��r��;,�•� '�I��.�!�1� �I�i-t}� �� a�� l� ��,��;�t�s �'� secon�s �'��, �rvc�° �r��c� ��r�s:c �aid �'�.� �r+�na��a�r �ka�c;t„ a d��tr.�r�ce af � � �.3"� i'�t �� IB'? ��h i��rara �°�°aaE ��t�� C1��w cap �t��au��'"A.�C';` ��t �rar �� b��iaa.a�i�� t`� c�°u�Wvc �� tha ��t, ta{�vir�� tc��.�� s�#" � �C��,S'�� "�e�„ "�"��"� c��r a�cl €��:r�;ro� �a�a� �"G�� r��r��r��n�;� �r�k„ w��11� ��i c��v� t� t�z� G^��&��, �17��1� � ��ratr•�x ��1� c�� t�;,�t�t�s S� rra�x�aqt�� ds, ��+�s� �Ia��t'd �a��'�t�t•ll� C?� i1�,�,rr,us �� x��it�.s �(� „��r�m�c9� �-��s� �� 1�"��."�,5 �"�a,�, an aN°� ��a�°t�� +�f` 9� (a�1.�� f��t t�� %'� a�a�l� dasa�� c�z�l walB� y�itr��ow ��a �4�r.t��a�r� `aa��C'" ��9: �'�� cn��° 'in t�a� �c�za��a l�w�c� �.�rf ��ad �.�t� C.Icsc��c �z�;d d��c�,��t�s �r�a�iA THCC��r"i'�: fa�ari��,� 88 degrees 3� r�,�:ntxlc�� S ;��:��cis ��„ w�t`1� the so��lla �i�� afsF�a.�4 i�� Ho�� ,�� ,;��c;i�t�s tract, �� s�,�,;�t�a�,"� a�f 113.73 feet �a� �� 1'�"�,' �;D��" �'�"��@��`G and ��nt�i��g 1.��"�8�� res d��d��s�, a��a�°c: ��• ��ss�. ��;„ ��"t � �� `� � �..��"� � � � "�'�� `� <��„� a,��, � ��,,.� a� ��U �. �U��ff�� , � �� `� � p�M � ��,� � �� , �� ti .. �� F,,r C1207131�9 Parcel M029 r�A xeage a� a��oss.c� Vo$uace 232�, Pege 999 � �r ��r �� aa a ��„�"; dwl�i'�+�?�"��r"W ��"�'��5""��? �".hd',.� �ti'1� �;1�' ,Giw�C,�'.�r i O"-'— ^ - ---- � ------ � ... .�_. � �� .fr"'.;'S. �i a p 1�=101167.5�� "r"::xtk�..��"7N. °S6'OS„ �"� Chd�NO2°44'30"E ! 64.25° e � r.R.s. �" � � � .fN7 Prominenae 9qunre, LP. [nstr. No, 2009-27978 A �� G �� "�� :�� e'� a� ,.��a �eandp¢rry 5ower Easement � r��'�! A � .` k+pda�a*r�a 859, Pape S69 '��"r � � r � rad �''� � � � �`�,� _ w..�� . � ..�. �`��' �; �.r�„� �� ... ��y. �8�°��"d�'"�ir" � 114.S1' �� ° c4ty ot nent�a ,, '��"" votu� eas. ps� toz �'�n✓Mr ��, � � � � �4,1��1 4�� :,o l00 u,... . �,,.�,...u._ a�,._..�,...... � $C�.�� L�Q' Bearings shown heraon based on tha City of I}enYon G1S Network. rror�s: • i.RF, =1l2" Crn�s �.od FouAd • I.R.S. = 1/2" IiOra ktOd SeY with yeltow eap stamped "Arthur 5urveying Campany" • .All improvemeats not shown I�ereon. • X3lanket Easemenis recoeded in Vp9. 141, Pg. 366, Vol. 1041, Pg, 742 & 'Vol. 1067, Pg. 886 include ihis lo%. New Right-of way 1.091 ac. (47,540 sq ft.) &��ci�t6,a�, rrtw�rl%�+� � 1`25�Acres��(54 502 sq ftj �.� �� Parcel M029 &UxvSYOR,4 C�RTk7C.eTION: Tde �mdera�tM &d Lrrebycatify ro 1�0 �aour� (Q.F. No. 102403) mat t5fa am•vqy wes tBisdsy[aadaou[he�n�edafffia 1egsUY dasalbed �ndfa a� �d � r�e bestof myJmowlydBy ihuvuouo vLai6Ce �au�w�cR'e; rnnftfots, �lrs�ra+�� arm, bom�deryl'macoafllou, � b. �rmrcr9,�gri�� p!"ans�r�rrvmuat,tn�a, asaaeab mdp,f� ofwaytbet%6ava ban adviud ofaxcap9ass5own Lemoa rt r y° ., . ��^��;�r�" T.a�zd Surv+cyio�s _ P.O.Hoz 54 , Le� ..�� le'. Tezas 78087 Oftioe: (972) ��Y-��;�� Fax: (972) 221-4$76 '��t��tili�rBtied 1986 Denton County Juli Luke County Clerk Denton, TX 76202 70 201 5 00028849 Instrument Number: 2015-28849 As Recorded On; March 23, 2015 Warranty Deed Parties: JNJ PROMINENCE SQUARE LP To Comment: ( Parties listed above are for Clerks reference only ) ** THIS IS NOT A BILL ** Warranty Deed 46.00 Total Recording; 46.00 Billable Pages: 6 Number of Pages: 6 ********"""** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ************ Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2015-28849 Receipt Number: 1266264 Recorded Date/Time: March 23, 2015 02:59:17P User / Station: C Robinson - Cash Station 1 Record and Return To: TITLE RESOURCES WILL CALL DENTON TX 76202 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certlTy that thls Instrumant was FILED In the Flle Number sequence on the date/tlme printed heron, and wes duly RECORDED In the Offlclal Records of Denton County, Texas. Jull Luke County Clerk Denton County, Texas �,� � .,., ,. � � � �.� �� ;.:°°� r � � � � , .. .. . . , � . � � �� . ,. . � � � �� . � .� . . . ,. , , , . ,.,, . ; ,, � ;,, , ,,� , , , �,� �� ;.,, ,.,. � ;, � ,_; ��c�� ►� . § § aw ALL mErr B�r TxESE r sE�vrs: § THAT the JnJ 1Prominence Square, LP, a Texas lim�ted pat�tnership (66Grantar"), in consideration of the sum of Ten and Na/100 Dollars ($lQ,QO) and other good and valnable consideration in hand paid by the City o£ Denton, Texas, receipt and sufficiency of which is hereby acknowtedged, has GRANTED, BARGAINETJ, SOLD and CON'VEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas {66Grantee") a perpetual slope easement in, alongy UpOny under, over and across the following described property (the 66Property"), owned by Grantor, and sititated in Denton Caunty, Texas, located tn the M,E.P. & P.R.R. Company Survey, Abstract Na. 1469 in the Caty of Denton, Denton County, Texas, to wit: I'' �' '` 1; • : 1 ' • 1 1 ' I : ;° � 1 ' # 1; Ij �, . r �'s 1 � �'' + � ';'�� ' Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually rnaintaining lateral slope in, along, upon, under, over and across said Property, including w�thout limitation, the fi°ee an.d uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upan, under, over and across the Property to Grantee herein, its agents, employees, cantractors, workmen and represeniatives, for the purposes set farth herein, including without limitation, the maktng additions to, improvements on and repairs to sa►d lateral slope features or grade, or any part thereof. This Easement is subject to the following covenants and a�reerments: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructipns of any kind, or portions thereof, shall be constructed, erected, reconstructed ar placed in, along, upon, under, aver or across the 1'roperty by Grantor. PurCher, Grantor stipulates and acknawledges ihat the Grant�e, in consideratian of the benefits above set out, may alter th� grade of the Property and may remove fram the Property, such buildings, fences, structures, si�ns, facilities, imprvvements and other abstructians as may now or hereafter be faund upon said Property and dispose of any such buildings, fences, structures, signs, facilities, impravements or obstructio�s in any manner it deems apprapriate without liability ta Grantee. 2. Maintenance of LateraJ Slope. No activity, of any kind, shall be conducted on the Property by. Grantor that may impair, damage ar destroy the lateral slope, including without limitation, excavation or movernent af soil or other material. 3. Access. For the purpose ai exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or ri�ht-af-way. 4. Trees and Landscaping. No shrub or tre� shali be planted upon the Property or that may encraach upon the Property. Grantee may cut, trim, or remo�ve any shrubs ar trees, or portions of shrubs or trees now or hereafter located withi❑ or that may encroacla or overhang upon the Property without liability to Grantee, including �c�vithout limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the riglxt, subject to the covenants and restrictions contained herein, to make usa of the Property for any purpose ihat daes nat interfere with Grantee's rights granted to ii herein for the purpases granted. 6. Successars and Assigns. This grant aatd the provisions contained herein shall constitute covenants running vvith the land and shall be binding upan the Grantor and Grantee, and their heirs, devisees, successors and assigns. T� HAVE AND TO H�LD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. �J� ��. da �� .�"��a��.. �-_� � -.�. �, 20 �� -.. � � � Witness our hand, this the � µww _ y � , � ,;; THE STATE OF TEXAS COUNTY OF DENTON Grantor: JnJ PROMINENCE SQUARE, LP, a Texas limited partnership By: JnJ Concepfis, LLC, a Texas limited liability company General Pa.rtner �� . � � �k � � � ��`� By• _...��"��"� ��.�� "��";�.,��' �w �� Danny �,��r�� .� �ar�� Manager �� ACKNOWLEDGMENT This instrument rvas acknowledged before me an „�"�f��_� ��'� �:-��_____w �, 2015 by Danny Johnson, Manager of JnJ Concepts, LLC, a Texas limited liability company, as general partner of .TnJ Prominence Square, LP, a Texas ]xmited partnership on behalf of said partnership. �R � � � ^ �^ " �: „ r, �,, �� a,��k� �a��w� ��;� p � p yy4 '� � � lrr5e � assiiriu �4 �drk�engtd¢�rc� I�,;k �� V41�� yVd�� ti � rt, � �, . ,r ,, �� „oR u,, � ��u��ua�� AFTER RECORDING RETURN TO: City of Denton — Engineering Deparcment 901-A Texas Street Denton, Texas 76209 Attn: Paut Williamson �`� _. ...�° �e�� „, '.� k�. �� ' �m. Notary �"r��I N�' �,1'��t�c a�� `��'� � � � � � � r� � My comm�i��ia��i ��.^�: �.�'��.;� �� .,��'�/ _°� :� rt ur urveyin Co., I nc. .�""�~��:��'�wr�ar.d .�.a.ra�d Sr�rz-rr�,��ax~s P-O- B01: Ss{ -- T.eWAgV1II6s Tes�ae i5b67 , . Offcc: (972) 221-9439 �-- F'sL (97'?)'�1-�667� �. . . 1' , ' ��,,,� �.� ,I � � 'II�� r 1•� r� � , BEING all that certaSn lot, tract or parca] of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 1469, and being part of that tract of lattd deseribed by deed to lNJ Peaminence Square, �,.P., recarded under Tnstrument No. 2009-27978, O�cial Public Records, Denton County, Texas, and being more particularly described as follqws: COMMIEN'CING at a`.`PK" Nail set in Ma�hill Road foz tha northeast comer of said JNJ 1'rominence t�act, same pnint bei.n� in the south line of a tract of land described by deed to Ken Hodge and Assaciates, recorded in Volume 2321, �'age 939, Deed Records, Dentan County, Texas (D.RD.C.T.); '�HENC� NorCh 8S degrees 39 minutes 45 seconds West, with the south line nf said Ken Hodge and Asscoiates tract, a distanoe of 113.73 feet to a 1/2 inch iron rod with yellow cap stamped ".Arthur Survey'vng Coznpany" (��C"}.w�W� fa�r the P��'�" �7� �;�,GiNNING, same poin.t beix�g tha beginnin� of a non-tangent curve to the Ieft, ��,v�r�� t`��ius of'GC��'�,"�� f��t;, TL-IE1vCE over and across said J�NN.r Prominence tract, with said curve to the lefi, through a centrai angle of 00 degree 56 minutes OS seconds, wliose chord bears South Q2 degrees 44 minutes 30 secands West at 164,25 feet, an arc lengkh of 164.26 feet ta a 1/2 inch ixon xod with yello�vr cap st�tmped "ASC" set for comer; 'I'HENC� Soufh 02 degrees 16 minutes 28 seconds West, over and across said JNJ Praminence tract, a distance of 312.37 �'��,� to a V!� �n��t iron,•�� r��lr y�k1�� c,�p ��;�� '�,�,�"'"' ��G ff�� c�c�x��r �rr t;f�� north line ofa tract of land describ�d k�y dee� �� ti�� City ��" �:��s�1t�r�� ,�.�•d�� i� "�r"alw��a�e ��, �� , �.�.T�.�.T.; THENC� Sauth 89 degrees 48 minutes 44 seconds West, with the north line of said City af Uentnn tract, a dist�ance of 25.02 feet to a point for cozner; `�'��C1E North �.'� ��:a��°a�� minutes 28 seconds East, over and across said JNJ Framinence tract, a distance of 1��,%�� feet to a pr��x�� '�rr �raa•�c�; TIi�NCE North 06 degrees 15 miautes 49 seconds East, over and acrass said INJ Promiz�ence tcact, a distance of 378.61 feet to the X'OIN'T OF �EGINI�TING and containing 0.16 i acre of land, mare or lass. � �� ""*�,„�,�� - . � �� 'G„ ,�q�"�"�"�=�f'7 �� '�'r�'y �^�.•`�'� � s.�+ � � M , , l �d��^4&� �°a. cY�� ,1.. * NO � ��„��bF ��^ �'� �� ` Gj' Cl L07131�9 Pazcel M029�S� ��. r �. �.y�,,' xeo xoa�e s� n�oc�e�s Voluma 2921, Fnge 939 r 's ° �, �� -ye��.�` � �e1 � w„� ��' ��' !,¢�,p.� N8839'45°W � w � � r � � � C�r�� 6�r�� r��.��°� � � � _..� �..�_..� � �^". � _L��....� _, '� .� � � P a�. �a � �� .PVc�1f �M� � �lwH� � a i � a�" " 1� �C�42��.��" r �r�,�� "'��y�'"�.,��yAa �, ""1i^�� + �R �j�..�sx`""':'%�.n�'6�"�4W��v��l.�Ib � ..��m.. �� .�� ,�r��p��r� � �� ,�� "� � � � '`�' � � „ � �� .�.�, I �� ' � � � .� ��E,I E�a°�r�w�:xa�;� ;r�u��. ��!. � I �" T�»��. �a� '�l3[Y&�-�"��°��, � � � � � �� +� �A��,�+�� d %}.��a�, �,�°�� .�. � �a„�dx� ;��. ��_} � �� l� � � � � �q �� a�a�Cd��mr,� S`��aa!�'M � .. � � � � ��d�� p � h�t�k �.Y�, PT�. �"�A� *^�w '�«. � ri�„�7 »�w � N ��""^�, "��, ,a�" � h�i�,<.�"1��"�i�.'"� ��.�"�� I��,�F" y"�.�._ ., _ .. .._. „ �..... .�., _ m _. 5��'°�f�`��""�'" � �� rt� 25.02' � ��. °a� o Citq of Dsnton 't°1u Voluma 643, Page 102 � tl' � a,�° �" I.R.F ��.;.M.� , ,� I T PI ?P SLo JJ.[1 � i i ��,iII Road P'ro,�ect o. z 6.� A�r� �.E.p. & P.R.R. co. surVey, Abstract Number 1469 Cxty bf DeIItOn Denton County, Texas -- 2013 — ]tYt� �' �U V 0 sc.a�,�: i° = ioa� Bearings shown hereon besed on tha City of Danton C31S Natwork. NOTBS: • I.RF, = 7/2" Trnn Rod Found • I.R,S. = 1/2" lron 12od Sei wid� yeltow cap stamped "Aiifiur Surveying Company" • Al] improvements not shown hereon. • Bfaaket Easenaeats recoxded in Vol. 141, Pg. 366, Vol. 1041, P�. 743 & Vo1. 1067, Pg. 886 include Chis ]ol. ��" �� .� �� , ��,��.�,�� ,�� w,�'�,�'� ��G �+�, d a .Y�� . �� .�� `M �fl s��xa� ��o�: 75e nam�cr��vc�9 doas heleby oerLily ro ilflo Remumes (�1? Na 102403) Wmt thts smvey was tbis daym�do on tdo goaed oPrheprap�ty ►ogaQy deraibedhecea� aad is comaot, wd io d�e Ixst of a�y �arw:��„ tPi�r� �ar� arora'�!i��6� a1L�c�s; r.r��'flrv�r�u &�Cvem�nsiu� ��, k�n�c�ryldm� �,��pdzrl�, ��rr��h�aa�eots, ovaiapptqgofimpiovcmems, eascmafa or�lBbta ofwaY mat Ihaao bern adviud ofrxcaptas s6ownhareou, rihur Surveying Co�, Inc. Pm a �P.O.Boz fi4 — Lewisville, Tezas 7506�� 7 • Otiice: (972) �';�t�-9�4�5� Fax: (072) Z21-4978 ��t�N��ird %986 Denton County Juli Luke County Clerk Denton, TX 76202 7D 2015 00028850 Instrument Number: 2015-28850 As Recorded On: March 23, 2015 Easement Parties: JNJ PROMINENCE SQUARE LP To Comment: ( Parties listed above are for Clerks reference only ) """ THIS IS NOT A BILL ** Easement 46.00 Total Recording; 46.00 Billable Pages: 6 Number of Pages: 6 ****"'****'"** DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT *****""****** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2015-28850 TITLE RESOURCES Receipt Number: 1266264 WILL CALL Recorded Date/Time: March 23, 2015 02:59:17P DENTON TX 76202 User / Station: C Robinson - Cash Station 1 "'�� THE STATE OF TEXAS } �` � �� "� COUNTY OF DENTON } � " �, w ,y� �'' »�^' I hereby certlTy that thls Instrument was FILED In the Flle Number sequence on the date/tlme @"""" $� 1 � printed heron, and was duly RECORDED In the Offlclal Records of Dentan County, Texas. � 7 n s� i j s �, r�,„' l�"°" � Jull Luke �,r' �„, � � County Clerk � �"�'��ww�""� Denton County, Texas �, Project; Mayhill Road Parcel: M029 PARTIAL RELEASE OF LIEN THE STATE OF TEXAS � } COUNTY OF DENTON � � ��dtl' ��.�.��....�,r��r�� d�wiil�� WHEREAS, by that certain instrument dated the 12th day of February, 2009, recorded under Clerk's File No. 2009-27979, of the Real Property Records of Denton Caunty, Texas, a Deed of Trust was executed by JnJ Prominence Square, L.P., a Texas limited par�nership tc Gle� A. Belfinger, Trust�e, securi�g the p�ymeni of one Note oT even date therewith in the principal amount of $685,000.00, payable to the order of JnJ Family Limited Partnership, a Texas limited partnership and subject to all of the terms, conditions, and provisions therein; and; WHEREAS, said Note is further secured by a Vendor's Lien created in that certain instrument dated the 12�h day of February, 2009, recorded under Clerk's File No. 2009- 27978 of the Real Property Records of Denton County, Texas; and; WHEREAS, the City of Denton, Texas has acquired or is in the process of acquiring title to part and parcel of land covered by said lien, said part and parcel thereof being particularly described in EXHIBITS "A"& "B" attached hereto and made a part hereof for all purposes; and WHEREAS, it is necessary that said lien be released insofar as it appertains to or affects the title of the above described part and parcel of land as described in EXHIBITS «A�� & «B» NOW, JnJ Family Limited Partnership, a Texas limited partnership, being the legal holders of said indebtedness and lien, in consideration of TEN AND NOI700------- ($10.00)---------Dollars in hand paid, the receipt of which is hereby acknowledged, does hereby remise, release and forever quitclaim unto JnJ Prominence Square, L.P., a Texas limited partnership, its successors and assigns the aforesaid Lien, as well as all such other right, title, lien or claim in or to the part and parcel of land hereinabove described in Exhibit "A" �"B" as may have been created by or have arisen from the transactions above mentioned, which it may own or did own at the time of such payment. Provided, however, that this release shall not be construed to waive, or in any manner effect or invalidate the lien heid and owned by the undersigned upon the residue of said property as fully described in the instruments hereinabove mentioned. Project: Mayhill Road Parcel: M029 EXECUTED this instrument is executed on this the _. a,��.��__mm _mmm� ��r� of .!��"...� m��°� � 'a��'�'�"�:::� ..............�,,.,...��_.... , 2014. JnJ Family Limited Partnership, a Texas limited partnership � ACKN4�`�'LE�.�"�....L., � STATE OF TEXAS S COUNTYOF - �'��r_.�...�....�.��.�.��.e S . This instrument was acknowledged before me on !�,�� Y �f�� ;� ,`�� 2(l14 by ��.��G�.^�°�°.. ��.� �,�.�� :;,�,.�::�b... � �.��.�.",..0 �� „��n � m .. .. .u.... of JnJ Family Limited Partnership, a Texas limited partnership and on behalf of said entity. � � �C� ,,� "; � � �k,t � = w 1 ,�; n �� „f; �' �p. �, �� , � � y�� ' �G yd, r ryp ( , . �.,,.�, . .,..e�,.. �" �d�P^� Id nl7�..._..k'w ��k:�m.,/ .m.....,_......_.,... ._..0 �. �_ Notary Publ�+�� e of Texas � ��f�� , ��}�w � rthur Surveying Co., I nc. .�zvFessionaY �a.uQ' Suz��,yors P.O. Bo� 54 -- Lewisville, Te�as 75067 Ofiicc: (972) 221-9439 --- Fa�c: (972) 221-4675 E �iT 66 A 99 1 1 L'l MAYHILL ROAD PARCEL M029 1.251 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. Co. Survey, Abstract Number 1469, and being part of that tract of land described by deed to JNJ Prominence Square, L.P., recorded under Instrument No. 2009-27978, Official Public Records, Denton County, Texas, and being more particularly described as follows: BEGINNTNG at a"PK" Nail set in Mayhill Road for the northeast corner of said JNJ Prominence tract, same point being in the south line of a tract of land described by deed to Ken Hodge and Associates, recorded in Volume 2321, Page 939, Deed Records, Denton County, Texas (D.R.D.C.T.); THENCE South 02 degrees 19 minutes 00 seconds West, with Mayhill Road, a distance of 473.55 feet to a"PK" Nail set in Mayhill Road for the southwest comer of said JNJ Prominence tract and the northeast corner of a tract of land described by deed to the City of Denton, recorded in Volume 545, Page 102, D.R.D.C.T.; THEIVCE South 89 deb ees 48 minutes 44 seconds West, with the north line of said City of Denton, tract, a distance of 114.81 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveyin� Company" (ASC) set for corner; THENCE North 02 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of 31237 feet to a 1/2 inch iron rod with yellow cap stamped "ASC' set for the bejinning of a curve to the right, having a radius of 10067.50 feet; THENCE over and across said JNJ Prominence tract, with said curve to the right, through a central angle of 00 degrees 56 minutes OS seconds, whose chord bears North 02 degrees 44 minutes 30 seconds East at 164.25 feet, an arc len�h of 164.26 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the south line of said Ken Hodje and Associates tract; THENCE South 88 de�ees 39 minutes 45 seconds East, with the south line of said Ken Hodge and Associates tract, a distance of 113.73 feet to the POIPIT OF BEGINNING and containing 1.251 acres of land, more or less. C1107131-49 Parcel M029 Kea Hodge & Associates Volume 2321, Page 939 W O � � M O � � O � �R.F. N88'39'45"W S88°39'45'E � p.— _. � — �1 � ... ...�^I.R.S. 113.73� E C.M.) 6?1.60' , � �� .. ..... ......�.� .. ......�b0 ir�a°., �� ,�� L� ,� � sc,aL,E: �^ = ioo� R=10067.50` L Ida��.�'h' �: Bearings shown hereon based on the City of � _% � �� Denton GIS Network. �0°56'05,� �. �„,� �'�� Chd=NO2°44'30"E � R��' 164.25' �, �� 3 �, '� � � x : OTES: �� I.R.F. = 1/2" Iron Rod Found �� •� • I.R.S. = 1/2" Iron Rod Set with I.R.S. �; yellow cap stamped "Arthur � �� '� Surveying Company" �� „ � • All improvements not shown hereon. .fNd Promineace Square, LP. � �,` • Blanket Easements recorded in Vol. Instr. No. 2009-27978 � ;� �� 141, Pg. 366, Vol. 1041, Pg. 742 & � �� „� � Vol. 1067, Pg. 886 include this lot. � � �� ' � m M , ;� °�� '�� New Ri'ht-of-way 1.091 ac. (47,�40 sq. ft.) `�' �� F�x�4ix�� Nu�tK�4ied Dedicahon 0.160 ac �t�a��'' �°.� W� w._� n�_�,�� .�'�'� �� '"�°� (54,502 sq. ft.) � � Parcel M029 e� � �, o � � � ��:�, �,� � �s �� i ; �,�� , �� , � ,e � L, � � ��rt��crr^y Sewer Easement � \ ,� • -V"aP�rr��t 659, Page 569 � � � � � . .« . '�'"� � I.R. S. j�� . �� . ... .� �w.�. _ � . �� " �: �� ,�� ✓� �a�i?��'��'�'��' 114.81' City oP Denton µ Volume 545, Page 102 , �J_'" ��-` � � ,!i � `` � t "h: , � 1 �;' a' � �� u Y �V � d%6� K� u`��1 �� ,� r r� �i w o. H� � "��' �� °w;��s�i��4��Ui . ,�"1��. �mN� •�PK" Nai! 3 Set �o t^�� oi t,� co N � ."�,� " P.P�.F�"a �t�. Nd.,�; :::� . I � „ ►� ayhill oa aTCel 029 1.251 Acres M.E.P. & P.R.R. Co. Survey, Abstract Number 1469 City of Denton Denton County, Texas -- 2013 -- �� SURVEYORS CER77FICATION: The undusigaed does hereby cutify ro Title Re.sources (G.F. No. 102403) fLat tliis swvey was rLia day made on t5e ground of nc� propefty legally descri6edherwn aed is come[, and W t5e best of my [mowledge, lhue aze ao visible drscrepancies, cont]icts, shorreges m azea, bo�mdaryliae contticfs, weroachmen[c, overlaPPiag ofimprovemeurs, easemrnLv or rights of wsy t5at I Save been advised of cxcept as shown huton. rthur Surveying Co., I nc. P�fessional Laad Surveyors � ��P.O.Bog 54 – Lewisville, Tesas 75067 �� OPfice: (972) 221-9439 Fas: (972) 221-4675 Established 1986 ��v��_�..,, �,-, �� 4� rthur Surveying Co., I nc. �ro�"essioxxa3 �..a,��d Sa.axFreyaors P.O. Boi 54 -- T.ewisville, Te�:as 7�067 Office: �972) 221-9439 � Fa�: (972) 221-467� EXHIBIT "A" SLOPE EASEMENT MAYHILL ROAD PROJECT 0.161 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. Co. Survey, Abstract Number 1469, and being part of that tract of land described by deed to JNJ Prominence Square, L.P., recorded under Tnsmunent No. 2009-27978, O�cial Public Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a"PK" Nail set in Mayhill Road for the northeast corner of said JNJ Prominence tract, same point being in the south line of a tract of land described by deed to Ken Hod�e and Associates, recorded in Volume 2321, Pa;e 939, Deed Records, Denton County, Texas (D.R.D.C.T.); THENCE North 88 de�ees 39 minutes 45 seconds West, with the south line of said Ken Hodge and Asscoiates tract, a distance of 113.73 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC)set for the POINT OF BEGINNING, same point being the beginnin� of a non-tangent curve to the left, havin� a radius of 10067.50 feet; THENCE over and across said JNJ Prominence tract, with said curve to the left, through a central angle of 00 degree 56 minutes OS seconds, whose chord beu•s South 02 degrees 44 minutes 30 seconds West at 164.25 feet, an arc length of 164.26 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 02 degrees 16 minutes 28 seconds West, over and across said JNJ Prominence tract, a distance of 312.37 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer in the north line of a tract of land described by deed to the City of Denton, recorded in Volume 545, Page 102, D.R.D.C.T.; THENCE South 89 degrees 48 minutes 44 seconds West, with the north line of said City of Denton tract, a distance of 25.02 feet to a point for corner; THENCE North 02 degrees 16 minutes 28 seconds East, over and across said JNJ Prominence tract, a distance of 100.00 feet to a point for corner; THENCE North 06 degrees 15 minutes 49 seconds East, over and across said JNJ Prominence tract, a distance of 378.61 feet to the POINT OF BEGINNING and containing 0.161 acre of land; more or less. C1107131-49 Parcef M029-SF.. �� ,�- .,._ .. . �...m .. d.. � � ,_ .....�� ...... __..... ..�.... � � �, ;:.d ��`�� ' Ken Hodge & Associates ,��'� p Volume 2321, Page 939 r a;� T� �, �.��i� �� ,y h � � � ir, d; — a� � N l.R.F. N8839'45°'W � ^ Y � � i � � � �U t � � C. Mo-. 61 � �"�.. _ � ��. � f ��'�'::5� *'�� J �.�...��, � �„r'9_ n .....� 113. 73' _ ...� , ,r � t.R S � �"�°` Nail :'ur�t � r+ � �� ;,'., �:- � R�U�r� :�'�d' p� � �� d.�� ^ � .� �w « . . . +ro ��,,,�.r � a,t ��'�`"��°��,�"" � �� &"�"ha'�.'=�.�at��"��";�f�"'C�"w'` � 164 25' 3 � � o � x ��; � �� g � -� � % -g �`� � 3 � a � �� d, P�..:a,, E � �� I �-° t � � � �� A��➢J k��e^a��za��.xune� 5�gaa��a�� %�C�. ��o ' � � � �a7�tr. �'�t �wi��Y�'� "�'�""r"'�, � � � ��I�.�. � � �r.�� a � ��a� �+��9� � � � � ,` i� �� m�� e � �� (�r,�"�� .F��, il.'� ""�`` �� S � e � �,� � � �� .� I � , �� g � � � �� r F�ri�M,4" "ro�"4MM8' hp °w� � �I � ,�, �'ur.:�vw��i��d �,�p � . �✓'1/n� �'W�b"�, 7��. '��ro�' iu� �� V * � �� { �,� ,�" � ,��^� 48'44 E d �" � 14.8i �m "�, ",� _ ,�, � � .. A �J �y � �.. �... .... ..� .��...�..� „�...�. ��b7.?"�d��.k��t� N� . ��r �t�'�N�dn�AP 25.02' d � �� «� � .:,. ,�<fl oi City ot Denton �"w� �o Volume 545, Page 102 �"� `� � f.�' 5 � I.R.F. �C.M.) : �I . .T „ � � �Lol L ��L�� i ayhill oa roject 0.161 Acre M.E.P. & P.R.R. Co. Survey, Abstract Number 1469 City of Denton Denton County, Texas -- 2013 -- 100 0 50 100 SCALE. 1" l00' Beazings shown hereon based on the City of Denton GIS Nehvork. NOTES: • i.R.F. _ ]/2" Iron Rod Found • I.R.S. = l/2" Iron Rod 5et with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Bla�ilcet Easements recorded in Vol. 141, Pg. 366, Vol. L041, Pg. 742 & Vol. 1067, P�. 886 include diis lot. ,� � uro, , , � ,� � � � P ��x 1 � r �`" � � � yea ✓ s, v �� s� r r,�ti &rd �"w y� �1� r� �� ""� � �� ,� �,� . � � s ) 4. ��hm� � �� °�� ✓�� ' � d%�"rt �° �� SUItVEYORS CER7TFICATION: T3e imdecsigned does hereby catify to Tide Resources (G.F. No. ]02403) thatffiis survey was N�is day made on t5e gound of the properry lep�lly descri6ed hereon aud is corne{ and to the best of u��,g� �arx�aw� cu��;r�r� d@��wr�� are no w�awaXrVG cdf ra��4��p:v,nrpw�a�u�» r:n�u��rr� �Niwr'�er,�,��c�area,b.��tce�rd,aevl�a�p�a�ru��eaP encroachmenls, overlappiog ofimprovemwts, easemmCs or rights oFway t6at ISavo 6een advised of ucept as shown hereon. rthur Surveying Co., I nc. Pr,o 'onal r.a�a surveyors _r�..�� ..��..�� P.O.Bos 54 — Lewisville, Tesas 75067 Office: (972) 221-9439 Fa$: (972) 221-4675 Established 19$6 Denton County Juli Luke County Clerk Denton, TX 76202 70 201 5 00028851 Instrument Number: 2015-28851 As Recorded On: March 23, 2015 Partial Release Parties: JNJ FAMILY LP To Comment: ( Parties listed above are for Clerks reference only ) ** THIS IS NOT A BILL ** Partial Release 50.00 Total Recording: 50.00 Billable Pages: 7 Number of Pages: 7 **********"`* 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: 2015-28851 Receipt Number: 1266264 Recorded Date/Time: March 23, 2015 02:59:17P User / Station: C Robinson - Cash Station 1 Record and Return To: TITLE RESOURCES WILL CALL DENTON TX 76202 THE STATE OF TEXAS } COUNTY OF DENTON } I hereby certlTy that thls Instrument was FILED In the Flle Number sequence on the date/tlme printed heran, and was duly RECORDED In the OfTlclal Records of Denton County, Texas. Jull Luke County Clerk Denton County, Texas / � � j��% iiii � ��'n� �.,, � , ,,,� l � DATE : April 16, 2015 GF NO : 102403 � � � TO : CITY OF DENTON-ENGINEERING DEPT ATTN: LUANNE OLDHAM 901-A TEXAS STREET , 2ND FLOOR DENTON, TX 76209 RE : Owner's Title Policy (Texas Form T-1) regarding the property described in the above referenced file as MEP & PRR CO., Abstract #1469, Tract 18, Denton County, Texas and being commonly known as MAYHILL ROAD, DENTON, TEXAS 76208 ("Property"). We are pleased to enclose an Owner's Title Policy No. 103-0-102403 from TlTLE 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. ORIGINAL DOCUMENTS ENCLOSED Gail Green Policy Processor gail@trnt.net Enclosure 525 Soaath Loop 2�� Staite #125 * Llentor�,'fexas 76205 * �Dffice (940) 3�1�1006 � MeBro (940} 243�2913 * Fax (940} �98�0121 103-0-102403 OWNER'S POLICY OF TITLE INSURANCE (Form T-1) Issued by T�t�'�e esources Guara �ty Co any Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, TITLE RESOURCES GUARANTY COMPANY, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from: (a) A defect in the Title caused by: (i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed,acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b)The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d)Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy. 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (a) the occupancy, use or enjoyment of the Land; (b) the character, dimensions or location of any improvement erected on the Land; (c) subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6.An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8.Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or � (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014 TLTA T-1 OWNER'S POLICY (2/1/10) . , r r, -, 7�. 1 1 � . �.� - . - . .. File No.: 102403 � �� , � • ',• • 1 11 1, ;• � ��, � , 1. Name of Insared: Policy Na.: ] 03-0-102,403 TITLE RESOURCES GUARANTY COMPANY 8111 LBJ Freeway, #1200, Dallas, TX 75251 # � •' � . '- , • - R - •, • ra,� � 2. The estate or interest in the Land that is insured by this policy is: �!� 3. Title is insured as vested in: • � • �, . - , � - � . •. � �r . • 4. The Land referred to in this policy is described as follows: '`� � 1 � 1 �1 Pre iu : $571.55 :- � � ., � '. � . ' • �.� ., - ! � � . , � ��- , _ _ � * , - . -�1 -, '' . � . . . � . � r . , �- ,�• � 1- � �- � � - . . • �- + w _ �, , �- �•� - � � , r � : . . - • - - � . � . � - , r . _ _ � � . ' • r r - File No.: 102403 Page 1 of 2 08 TLTA—T-1 Owner's Policy � rthur Surveying Co., Inc. ..�"��c,�ar.�� ..�uat S�rzrveyoz-s �.t�. ;�-a'a.� :�� „ T��+:wr�svillo. 'l��u� "l�'�i� ,� ot�«�a: (�°!:"�� ..�� -- Fax: �°^�"]':�,� ��l.o��67s EK�IISIT "A" MAYHILL ROAD PARCEL M029 1.251, Acres City of Denton, Denton County, Texas 1��Z?�1� �ll ih�t ��xta�� 1t�t', �°��c r�� rc�@ ca�"E�.n� �r�t��t��i �t ��c� �"1,��.��, �� F�'.:�.�. �"ca. ��trr�e.y, ��t^�� u�b�r ��a�, ��. l��fi�i� ��r� rta�"il��s� �a•�K�t ak"l�� ril^w��f �� 1,��' �� +tJ P�r��a�tx�� r�tu�r�, ��..�"., �r°�c�arded araarl�r l,�s�r��at "�"�. ��1�-.� J'�7�, C��°��i�� z��c �.�.ca�m��I,�m ��at�ra ��u��t�„� �"�x�, �� :�� a°� ��a�:��r�;��i� ��ca°ail�ed �� i�ita�: J�l��TJ�i�" �� s �`�'�'" �'�i� s�i ar� �y�� c��c� ��r ��ro� �a��t��m�t �;�ar�m��r ti��'saic� ,i�',i I�r��a��i��ecd�� °acR„ ��urs�� S�ir�t l��i�� i� t�a� ��aat1� lz�a� <�f"� �r��t �a9't�a�� s��i�e� �� r�� a�a ��ra. �ia�[�� [ As��i�t�� a°��a•r�� r� "�c�l��e �.;��, I�� 9��; �c�� c��„ ��zatl��aa <��a'21,�� "C°��c�:� ��.�.(�.4�."C.); °�'�� a�aa��C�� °��s �� t�� F ��ca�t��'�r"s��t, avi�� y�aC1,C�a��, �r a�is�r�� "4l�.SS ��.2�a � s�� k4 �� i� ��l�i�� ta�c� �'�a' 4�� ,uthw�s� ��a�r �r�'��i� ,1�«PJ' �'�`��r��t�xt�� iz�a�t �� k'm� a��rt��t co�•n�r �w1"� �'a��i of ��d d�s�c��k��cd �S� ��:ci �� C�.�� i�� +�i'I�c�r�t��r�, �ur�t°d�� "��u�¢� ��a, E'",��e I��, J�,�.1�.�""."�., THEN�"',� ��t&p 89 d��r��s 48 �i.��s ��G ��d�� `�des�� w�t�'a �� t�� 1�� of s�ici �:�Cy �sf C)�r��r�, t��a�,�R°, a c��t�bce of 114.�1 i"�� ta a 1/2 i�� iron �°�ai� �af� �+��1��+ c��a �t��'��a�+� "�r��° S�ar�e�+ing �",��j��y�, ��,� ,�t �"�s' �r�r�e�, '�'.1f��C"�� Jc�t�z �� r�� 1�a �t��at�s �''� secon� �'�.s� �r��r �d ��c�ass ��"td ,➢"�J' �"r`�r�r�a�a��c:� �a^��1., a dis�� of �'��.�"� i°�� t�a � x�""� i�tch ia��n r+a�� r�P�a yr�t�crw oap ��rr��ed "��;�"' �� "ur �� b��i��i�a� �� , ��'�� c� tha ri�� vi�� r�diu� �rf" � O�G 7, �+� �`��t; �"��+�'1� �rw�er �,� ��rcr�s s�i� �f:�(� °��rni��na�� t.a�,��, wvii.l� ��aiad c:�ar�w� �� ri�„��t, �ta;r��l� � ��tr�k ��1� a�'f1� c��a�� a'� xr�u�wriC�s f),� ��:�z��,'�� cka�a�'�C ��;� �°�a`�t �? ��r�� N a�inu�s� �C� ��uda �'��,�� 5�.�� "��„ an �r� I��kr� a�" �ta�.��a' ��, xc� �� J� �a.N�l� mr�ir� r�ad wa�6°m v��ar�r �:�� a��c� `��,��°° ��t fi�r ��'��° a� t�t� s��;Ckm Bir�� f ��t� ��;n ��d�� a��i.��aci�;N.z� �c��t; THE1�`�� r�ati�P:� 88 degrees 3� saa�i��tal�� &„� ��a�e��s ��t, r,�it:�� i$�� mf�� 1�� sf ��c� I��a� Hod�p �q��; .�;�,��s tract, � �lresl�� af 113.73 feet �a �� '��P'T' �R� �`�'C�%�+(�V�1'�� a� r�t��i�t:"er�� 1.�'�'l �res a�`P�dw m�rr� �r ��-�.�. Ct107131�9 Percc) M029 r�a xaaRe � a��otat� Yolum,a 8927, Page 998 w a M � � O � �,�; N88 39'45"W 588°39'45'� a:. �, O � -- ��_.,....� � �T.�.73' � — ... 61i. �,��,� � 5, � R IQ067.50' ��,��° ��w �—DO°56'OS" �-�.� � Chd.�°NO2°44'30"E �' � 164.25' r.a.s. .fN7 P�•�au�d'r��r �c�ua,r�. LP. t'n.��. �r�, �uca�•p��re � �a � ��"�' � �a � �r�rw�l�rr� ��au��r° �'�r��:r��t ,��,� \ U�Putram �i�� N��d d�� "r � � �_. �,� � �@ :� �'""�.w. � �V. .,� ... � �a�z°' !.h`� � � .I�Q* b84��<tlk'iR"A N`N° p� ��. „ ] I4.81' � ,:� M�": �,� �' Clty of Dentoa � � Volume Bdti. Pege 102 ��° jNi EX . : ,:. IT � � , R �"��ill Road Parcel M�29 1.251 Acres M.E.P. & P.R.R. Co. Survey, Absiract Number 1469 City of Denton Denton County, Texas -- 2013 -- � 1�� } tld�0 SCALB: 1° L00' $earings shown heraon based on tha CYty of DenYon 01S Network. NOTES: +� I.ItF, =1l2" Trou Rod Found • I.R,S. =1/2" Iron �tod Set with yellow cap stamped "Arthur Survcying Company" • All improvemeais not shown liereon. • Blanket Eesaments recorded in Vol. 141, Pg. 366, Vol. 1041, Pg, 742 & VoT, 1067, Pg, 886 includa thrs loi. New Right-of-way 1.091 ac. (47,540 sq. ft.) �„ �T�a�Rw�Bi•°�P�C D�e �� h4:� ��O(54,502 sq� R) �.� W ��? Parcel M029 ��;��,�. �� r�� a�a��d�� ri�k�wl $raMe�MX �� d� �twrc�dcr. a�aP �a a�� ba,� n� a�r tum�ar�cd�c;,K�u.�a �car a��w,r[��a�n �Ze�a,�,r�, �� d�+pr��« ��ww�nry P�era �aa�rR��u�ao; ��a�W �� ,��y�r�r�a�,�ts� ��a,� �t,�+� ,�. � �� '� �y�� M r„�a s� �.��_�5� .m: �:6�vzll�.. �"�cae 78067 ..�. �.�M.k�a�� Otfia��s (�r��) ��i—!�� '�: (9�7E) 221-4876 ��r�� .�� rthur Surveying Co., I nc. ��;�� :�� P.O. Bo� S4 — I,awisrvilla, Tc�as 750b7 O�ice: (972) 221-9439 �-- F'aY (972) 2,21-�1675 EXHIBIT "A" SI.,OPE EASEMENT MAYHILL ROA.D PROJECT U.161 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract oc parce] of lanc} situated i,r� �h� �C.�,F�„ t� T�,�i,R. Co. S�gs�v��, ,�'�s�� '��b�. 1'4��, �r�d W��i�� ;��ai rr�"�f�� r��t �� i�za�i �1�s�r��;c� 'by d�;ed' icr .1�� r�r�in�r�a;� Square, t...d'.,, a°��+� �m�e� lc��tt� T+9�. ��9•��?°��17�, C��`��it�� P��ai'�� ia��°��, ��tti�,�ra County, Texas, and being more particularly described �� tt�l��en��,: ��;�� t �� "°��x� �'�� i� ��J�il� l�.�a�� r t�� nc��a�� aa�r�a�� 's�a�i� ��" ��a��xrin��r�.� tx�a�tx ��a�; �� a�� is� �I�� urlt �ir�� a� � t.r�c�� c�� an� c�cs�x1�� i��l�� d .��s�ca��s� r��r��d u� "��1�sne �� , �a��; ��r ��c� �C��r�� e�� ', ;C"��s (f�.,�.i�.�."�,�, "�""��t"��' �c�sr��a �� cY��r�� +� a��i�r�aa�� a �c�t�� %��`�� vitN� ��e �a�utCa �xanc cr��wic! T�:e�a �a�� t�d �ssc�i,��rs k�°�� di��aaa��c�a� I i�.1.� ��:t �� ,� b��sa�� 3�°�� rr,rd ��i�G� �e��aa�+�� t�rrm�ror;cd ��rtlaus� �aarv�yw�w� �"a��r��rr�P"" ��K��: %�r t�� ➢�'��"� �'�� .��i�C�l��d�d�, ��aad� ��i�� a�� '��aaai�� "� ��a��-�� c^m�w� i:t� 1��h� R�� l��wis� � r�di�a� �a�°' 1�)V��7.�'� �'��t� "�'��',�C"� �avc� and ��rc��s ��i�l �"S�J ��°c��m�i�te�� tr�r�a �w�t�a �;��zi �r�a°v� � �� , if�,��e��r,��a � ce��°r�� ;1� ��"i)� cle��•�+e �� t'��r�es OS �u�t�n�� °�b�;�� kr�rc!'Na��ar� M'�'a�t��k� �� r�� rtu��at:�:� �f� ��,��ads "�'�st �t 1�i�4.�5 f��t, an arc length of 164.25 feet to a 1/2 inch i�on rod with yellow� �up� �t�a�p�r� "A�� , �'r�� y� �";��"�"; �csu�t�a s�� de�im�c� I�a r�ai�t��es �� rc�; �U'z��tu �r�r�r and ��°�ss ��nc� JNJ 1'�ra�rr�i��;�� lr��, ��lo�t�ra�� of :� �2.� ��`�� tra � 1�"� inrh irn� ��a� w�itl� y�Pi,�^�v �� rr�,�e.� ""e��C" s�fi. f"r�� c�t��r in th� r�t�� Ii'�� f ��M��t e��"�t�nd ��c� i�y d��„� �p t�,�u �,aty �a�°T��s�N r�cnrd�d ink �a��r��e 545, Page 102, D.R.D.C.T.; THENCE ��aath 89 degree� �� ,�inutes 44 seconds West, with the north line of said City of Deptnn tract, a distance of 25.02 fe�t �� point for �:c�s��r, "�'��I+�� North �� r�� G rr�i,��a�es 28 seconds East, over and across said JNJ Prominence tract, a distance of 1�i�.�� "t��t to a pt�i��k ��• cr�z��r„ °�"��:C�u�4�� r�r�h €�� *��,� � 5 minx�t��s 4� s��;� ,��,��, ,��r:� and c��:x�+�� ,�� JNJ' ��a►air��ce tract, a dlstance of °:37'�.� � ��t t.� t�� '�'d��1'��" !�i� BEG�:�wYl�'� �n�� +�z�1,�ia�i�� .161 ��,�� af"G�ar�d, mc�rr �rr° l��ss. �� ,'�� 9C��r �wi � ��; ��;� C1107131�9 Parcel M029�SE M N�l �0" � �n xo e � oo��s Vol a 88P1, Png� 939 �� N88:39'45"W �'ro �l.� 6J�.�"r�` ��,�� c� � ._ .� .._ � ��_._ _ � ,� �. �.:�. �� k _.,. �.�1t�r��S4' A �.� ��a��G' ,�,J,� � � �.�"�-�,�=i��"��'�a'"��"a �'°° �� a.�,��a#�a°�� ,� � ��.�� . , � � � � � �. � � r .� �'�� B.d�.�. � � � u � � �� } B � ,B�J ��s�la��*� �Zc�u��a�, xai�. �"; I � �ls��; 1�P�a , �CM��^..�1�7'� "�, � � � � A �� , � �� lE,��% � �� a �.�+�:� �,��w� �� {�n�o�� c�. t�.� �� , � p �� r �� ' �� r ��„�t�� ,s�r � � � � � � v��. �� "a�� ..�,� � � N ,� � `� � ra�� '�"�� '�,`�. .w _ ..m..__ .. _ �.. r.�. �. t r �a, ��" �8�°�i8"��&° � _ _�.� �. _ � , ��.,�.�, ��r 25.02' � � �� „+�, o CStq of Dentoa � � Voluma 845, Pnge 102 � � �� ar P� .F.:. ��, �.� EXw� . „p�� SLOPE EA �" � � T ill Road Pro,�ect 0.161 Acre M.E.P. & P.R.R. Co. Survey, Abstract Number 1469 City of Denton Denton County, Texas -- 2013 — b �oo o so ioo sc.4r..�: i ° m ioo� Bearings shown hereon based on the City of Donton 41S Notwork. NOTBS: • I.R.F, _ ]/2" Tron Rod k'ound • I.R,S. � 1/2" �ron ltod 5at witl� yellow cap stamped "Aiihur Surveyin� Company" • All improvements bot shown horeon. • Biaaket Easemeuts recordod in Vol. 141, Pg. 366, Vol. 1041, Pg. 742 & Vol. 1067, Pg. 886 include this lot. 8 l'8 �°�; c:Ati7�7�r 'YiaC rsa��a��lu;�tt ��raauc�«CGe °N�B� �� . �. �� d�� x�,� ��°��r ,�� a� �� z�a,� �� u� �a�� , ��, ��,� t�� r�„ �� , �w� ��, �a�an�e�s a�r o��a �aw�,g�Y�mt � i5aw� irz�ca� mdwaaea!' rea�r�r�rz�,adu�vr�a Mru� rthur Surveying Co., Inc. � �� P.O.Boz 64� — Lewisviflle. Tezas 75067�� orn�e: �s7z) ��.�� : (avz) zxi-4evs ��t;��w0.��1a�d I988 TLTA T-1 OWNER'S POLICY (2/1/l0) . � . r � �. 1 C . � .� � .. Policy No.: 103-0-102403 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reasan of the terms and conditions of the leases and easements, if any shown in Schedule A, and ihe following matters: 1. The following restrictive covenants of record itemized below (the Company must eiiher insert specific recording data or delete this exception): Item No. 1 is hereby deleted. 2. Shortages in area. 3. Homestead or community 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, carporations, governments or other entities, a, to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established ar changed by any government, or c. to filled-in lands, or artificial islands, ar d. to statutory water rights, including riparian rights, or e. to the area extending from the line of inean low tide to the line of vegetatian, or the right of access to that area or easement along and across that area. 5. Standby fees, taxes and assessments by any taxing authority for the year 2015, and subsequent years; and subsequent taxes and assessmenis by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception): a. Easement executed by F KLUCK and WILHEMINE KLUCK to LONE ST GAS COMP iiled June 21, 1915, recorded in Volume 141, Page 366, Deed Records of Dentan County, Texas.(Blanket Easement) b. No liability is assumed by reason of lacation of power poles and overhead utility line running across tract as shown on survey prepared by John M. Russell, LS NO. 5305, dated May 20, 2013. (Affects Parcel M029 1.251 acres) c. Mineral Estate and Interest described in instrument filed March 23, 2015, CC# 2015-28849, Real Property Records of Dentan County, Texas. (Title to said interest not checked subsequent thereto.) d. Terms, Conditions and Stipulations as described in Slope Easement iiled March 23, 2015, CC# 2015-28850, Real Property Records of Denton County, Texas. File No.: 102403 �'��e 2�� 2 08 TLTA—T-1 Owner's Policy 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. �� +°�� 4�� y�`d�, �, Tltle Resources Guaranty Compa�ey ,'�", � � � wN � � �� i �°" ° � rm^� � � � �� ,� �,,,."" �"m',,�;.� w� r ��'�� w �n�", � �� By: � �.s� � ....�A�,.�_..�_ �..� An ��rreha �',r,��.. W��"�"'+re�� ..... � � � '°��` �Y�'�` Executive Vlce ��ae;�na3Rxmq ��°� � , � w��r �� k�� '°�. �� P �� c� �'��'�� ,�"�: ��w��„�� ,�;s��,A��..__.. 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 which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (ii) subdivision of land; or (iii) 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. Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014 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 predecessor Insured. (e) "Insured ClaimanY': an Insured claiming loss or damage. (� "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. 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 Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014 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 therefore, 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. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014 (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 Ioss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1l03/2014 (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. (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy. 16. SEVERABILITY. In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid and all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of laws principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at 8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251. Form T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective 1/03/2014 t� �� Il��w�� ;,� , � � u�, � �� , I � �µ��:��li� � I��m��'� �� u� IMPORTANT NOTICE To obtain information or make a complaint: You may call Title Resources Guaranty Company's toll-free telephone number for information or to make a complaint at: 1-800-526-8018 You may also write to Title Resources Guaranty Company at: Attention: Claims Department 8111 LBJ Freeway, Suite 1200 Dallas, TX 75251 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 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 company 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. 28 TAC § 1.60 I (a)(3) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telephono gratis de Title Resources Guaranty Company's para informacion o para someter una queja al: 1-800-526-8018 Usted tambien puede escribir a Title Resources Guaranty Company at: Attention: Claims Department 8111 LBJ Freeway, Suite 1200 Dallas, TX 75251 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 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 la compania 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. Tit�e Resources Guaranty Company Pr�vacy Policy otice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Title Resources Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: � Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. FT (6/2001) File No.: 102403 TITLE RESOURCES, LLC Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of TITLE RESOURCES, LLC. ("TITLE RESOURCES"). We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer-reporting agency. � Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: � Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. FT (6/2001) File No. 102403 S C A Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. � Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: � Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. G.F. Number 102403 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://vwvw.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)