The URL can be used to link to this page

2014-247•' � ' • � � '� . AN ORI7INANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE (HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "C", BY AND BETWEEN JOHN POWELL WALKER AND WILLIAM A. MARTIN (THE "OWNER") AND THE CITY OF DENTON (THE "CITY"), REGARDING THE SALE BY OWNER AND PURCHASE BY THE CITY OF A FEE INTEREST 1N LAND CONSISTING OF 10.372 ACRES BEING SITUATED IN THE M. FORREST SURVEY, ABSTRACT NO. 417, CITY OF DENTON, DENTON COUNTY, TEXAS, LOCATED GENERALLY NORTH OF BLAGG ROAD AND EAST OF GEESLING ROAD AND BEING MORE PARTICULARLY DESCRIBED AND DEPICTED ON EXHIBITS "A" AND "B", RESPECTIVELY, ATTACHED HERETO AND MADE A PART HEREOF, FOR THE PUBLIC USE OF EXPANSION, CONSTRUCTION, MAINTENANCE, OPERATION, AND IMPROVEMENT OF ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, FACILITIES, AND STRUCTURES, AS WELL AS SUBSTATIONS (THE "PROJECT"), FOR THE PURCHASE PRICE OF SIX HUNDRED THOUSAND AND NO/100 US DOLLARS ($600,000.00), AS PRESCRIBED 1N THE CONTRACT OF SALE; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AND DELIVER ANY AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH CLOSING OF THE TRANSACTION CONTEMPLATED BY THE CONTRACT OF SALE; AUTHORIZING THE EXPENDITURE OF FUNDS, THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for and on behalf of the City (i) the Contract of Sale, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "C" with a purchase price of SIX HLTNDRED THOUSAND AND NO/100 US DOLLARS ($600,000.00), as prescribed in the Contract of Sale, and (ii) any other documents necessary for closing the transaction contemplated by the Contract of Sale, including documents to close the transaction with the Owner's: (1) successars in interest; or (2) any other owners of ather property interests in the Property; and (b) to make expenditures in accardance with the terms ofthe Contract of Sale. SECTION 2. If any section, article, paragraph, sentence, phrase, clause or word in this ardinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holdings shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ardained such remaining portion despite such invalidity, and such remaining portion shall remain in full farce and effect. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �� `��' day of _�;`��` �,.�,�,�'��" , 2014. � ,.,, , � - �"l� ��v`�!i I"I'`�, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY : • �' •* � � : � • •' r�� ` �� a�� '� By. �� v�....�, �, ti�� m, ,:.t� �� 0 r --�- - �111�11�111■ , � � il��ll��i� R '•' ! � � ,� � �i � �'-. -�� r �_ �71. . � ;- i��i�!l�i�� +�, -� -wi � � * � . � : ... ► .� .w• , . ' - ._ ..:: � � " -�• .•► i � : i �'-. - .r - -- - - �� : � � ��'"�'�=�'''�"� - ��111�IIIIIIII�IIIIIIIIIIIIIIIIIIIII� im �:,..,.,�rl yd,'I�;f+17�x STATE OF TEXAS COUNTY OF DENTON LEGAL DESCRIPTION - 10.372 ACRES ALL OF THAT CERTAIN LO7, TRACT OR PARCEL OF LAND SITUATED IN THE MOREAU FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 97.277 ACRE TRACT CONVEYED TO JOHN POWELL WALKER, ET AL AS RECORDED IN DOCUMENT NUMBER 93-0034125 OF THE REAL PROPERTY RECORDS, DENTON COUN7Y, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ot o 1/2 inch Iron pipe found in the east Ilne of Geesling Road ot a westerly exterior corner of the said Wolker tract, same being the southwest corner of a called 1.043 acre tract of land as described in a deed to Lynell Cawood, as recorded in Document Number 95-0034$82 of the sald Real Property Records for the northwest corner of the hereln described tract, from whlch o 1/2 inch capped iron rod faund for the Northwest carner of said 1.043 OCPB tract bears North 02°41'S2" East, [N 03'10'00" E], a distance af 135.91 feet [135.65 feet]; THENCE South 87'53'22" East, [S 89'S4�18" EJ with the common line of said Walker tract and aald Cawood tract, paasing a 3/B Inch Iran rod found ot the southeaet corner af eald Cawood tract at a dletance of 336.47 feet [337,00 feet], and contlnuing for a total diatance of 715.70 feet to a 5/8 Inch capped Iron rod aet ond stamped "TNP" for the northeaat corner hereof; THENCE South 01°56'26" Wes4, a dlstance of 652.34 feet, to a 5/8 Inch capped Iron rod aet and atamped "TNP", for the southeaet corner hereaf, eame being the northeast corner of o called 3.02 ocre tract af land as described in a deed to Texas Municlpal Power Agency aa recorded In Volume 1149, Page 494 of the Deed Recards of Denton County, Texas, from whlch a 1/2 Iron rod found for the most easterly southeost corner of sald 3.02 acre tract bears South 48°OS'31" West, [S 46'13°51" W], a dlstance of 45.07 feet [45.10 feet]; THENCE Narth 88'07'46" West, [N 89'S9�49" W] wlth the comman line of sald Walker tract and said 3.02 aere traet a distanee of 549.48 feet [549.5 feet], to a 5/8 inch capped iron rod set and stamped "TNP", ot an angle point of soid Walker tract; 11ttE RESIXdR�S WARANTY PANY � N0. t ' THENCE North 38°36'05" West, [N 40'27'41" W] continuing with soid common line, a distance Cr� DATE MAY te. 20�4 of 255.79 feet 255.0 feet , to a 5 8 Inch co ed iron rod set and stamped "TNP", same AIITMQIT DA7E ,AINE 02, 2014 L J I PP being the northwest COPf1BP of said 3.02 GCPB tract, and the westerly southwest corner af said mts B98UBJECTT07HEFOLLOWINOBUNKEYEASEMENT3: �V�IIC9P troct and lying in the eaet Ilne of Geesling Road; i.�cr.m�na�4 �za�stl!md G�,�. €�k�l..t.N� mtisf wBf0. MYRILE �� a4 �� sr�r�,� ons €�,a��+�r ne�t May e, ts57. THENCE North Ot°58'48" East, [N 00°00'11" W] along the eomman Ilne af said Wolker tract raenr�aa rn +�auana ��a, ��qo 2��, ��d €z��rde oi oent«� and the eost Ilne of sald Geeslin Road, a distance of 460.75 feet 459.04 feet ta the �"�� `�� `��`��`"' �"� �� "�k�"�' POINT OF BEGINNING and cantafning 10.372 acres of land mare or less. 1 THE F0110YdIN0 3CHEDULE B ttEM3 DO NOT AFFECT 7HI3 TRACT: 'a,. eaeom«at ex�,t� b uRS. ar. eorr at d to `�e Thls descriptlon Is based on the Land Title Survey and Plat made by Tadd B. 7urner, R.P.L.S. sr� cAS couPU�r moa ►,�ay z7. ieie. r oa in vaumo i4e. No. 4859 on June 04, 2014. Paqe 412 D R de of Denton County, Toxae. SURVEY�NOTES: 1�t. E��m�mnf aasw�tit� b 5�M1# S��"�N�' to LONE STAR GAS �, 1.) Bearinpe of lfnse ehown hereon refer to aritl Nortb of the Bexae Coortlinate Syeter oT 1BB3 (NOMh Centrei 2onep �ktpAHY I�ad skonn 8, %��a, Irr Vdum. 187, Paqe g�g� p� �p,�� p� p�.�}�q ��yy �p��, '��. NkD83(COR39B) Epach 2002.00) ae Oerivetl locelly fron Yleatarn �nte Syeteme Continuouely Operetinp Reference � 8tatione (WR9j via Reel Tine Kine�etic (RYK) msthade. M averape fMnbination Fector af O.SB8863388 wae ueed to 10j E snt �ecuisd by 5!M GEESUNC to 7ExA5 PO & eaale eurfsce dietsncee to prid. A11 distencen ehown hereon repreeent prid veluee. LIf�iT COMPANY Aled December 1. 1924, recwded In Vdume 186. Paqs 7S, D Reoorde o} Dentar County. Toxae. Qo) 7lrb utllitiee ahovm on thie eurvey ere beaetl upon tha avrilabla inforaation end °fisld Looetee° of vSeiD1• '�� ebove prountl urkinp, provid.tl 6y TNP BUE DEPT. TNP rs116d 96191y On the Cooparotion Of the VOrloue utllity 10k. EaNm�nt �x�autM by CHARlE5 HOF'FMAN to iE�US POWFR � oonp�nie� and any Snforostlon they nade evail�bla. Undsrpround faailitie� h�vs not been fi�id verifi�d. Thara �ay � UGHT COAIPANY }flsd D�ambrr 2J, 1024, rwordrd In Vdume bs edditionsl utilities thst TNP h�e not been edviead of. 7H, Paq• �, D R of Dentaa Caanty. Texaw 9.) Bee ah9et 2 of 2 for eurvey plet, 7�, �c�rrrrs�nS �u�stad laY EE. NO 10 L�E STAR OAS C�€Pd7-i�Y� f�� ,�ur�� 1�, ttl26. sd In Vdume 2Q5, Pape ,.j Thi� ,urvey wrs preperetl with benefie of thet oertein Title C Steent OF ND. 186607, effeaSive dete of Mey 1B, fiN�7, �cad Rmaartla pF D�na�r� Cwn1y, T�rwaR 2014, provi0e0 by Tltle Raeour000 Ousrenty Canpeny. Far eaeeoente, riphte•of-way antllor other batterd of reaorC Shat m�y ef}eot thie trrat, the �urveyor rolistl eolely on eeitl Title Commiteent. 1@rr, E�a��pn6 �mmesata� 4y ti.Y. �iLt �� 1 ic� S PO _. . � uc�r �aPrsr�v r�� npr�r ��. ��r� ra��4a �n vd�,• zee. � St�ps,�Y�s��'s CERIIFlCATE i+a�� i5� G�! P��aa �i L��,ti�n c�nr,raty, 'Yas�u�. t�. E wst aaaetvd by QM. �S7 and wBiti �RS. �ILDRm To: John Powell Wolker et al, Tltle Resources Guaranty Company and the Clty of Denton, Texas: to PO k LI�iT C�PANY 1f1� Yada 23. 1930, In Vdum, , Pag• 50� D R d. oi Dwolar county, 7sxas. !, 7�rsid B. Turner, R�yi�}�rer.i Professional Land Surveybr, State of Texos, do hereby certify that top. Eoeemsnt exxutsa by MARY etESUNC et ai to �r¢xps ��F� sa�°v��+ �crl��t�nti�lly complies with the current Texas Society of Professional Surveyors POWER & ucHT CoMPaNY fued dune 2z, isse, record�d tn ��°�dr��-'�. and s-.�clficutirrns�:��.� a Category 1A, Conditlon II survey. Volume 422, Poge 418, Deed Recorda of Denlon Carnty, Tezae. . �� . �� ra�. eaean«,t ex�cea by ��a ��ur�� d �ot�, �v�� 4 �, g,� � �- NC to PO � L�d�FIT C(�PRiVY �daa Saptosrorba.^ � . . „ '� � 5 r E�"�` �` 19. 1981�, rxad�d In Vdume �t;�� i��s �2#1. �au�f R�resrdre a1 , -.m-�- -- * "�� t,G ��O 'Y Dmton County. Texad .., � .. .. �,� c� � �.. t o e. E a o n t e k t e d b y J A M E S H. R U �.. 1 R U S� t o Todd B. Turner, RPLS �� M,�� m g��w�,�� F�� Po � udlr pawr �w uaah 2t. tioeo, e.d Firm Registration Number 10011601 � TODD B� TURNER �� w vduma t�7, pag. oe9. D R . ot o«,tam county, Orlginal Survey Dote: February 27, 2013 ,, �.,a... ......, .�,.� rexa.. Revlslon Date: June 04, 2014 - Update Survey ; a 4859 *�w tot eae«n«,t owaded to co v oAS. L,o., by �aao�,mt and Address S:.hedule B items � .�w';+" unds�r Caure No. �-2 � In !be Pr�ats Court of �.,�''��° �� s� •' (j� D�tas Caunky, Tsxas. EXX11161tvrAve �'� SI.JaF�`'��°� YO oii�lIl$riCe f II r i ■ 'sn n«. o,+v., suia szo BEING S/TUATED IN E z °. r""•'6�' M. FdRREST SURVEY, AB&T CT NO. 417 , v�o.seaAinPn .�ea.e a� ��;'� .Inpinaeom " SHEE7 1�F 2 p CITY OF DENTON, 1?el�9i d`PSf3'Hf31d`.L["Y Y3Y'CCJYIRYC 13i1! laJ39 k3Y#kaeYl* kEYF 998 pdP,$1'6`C 0.TKl`E'�L�t`YM1 L.AGiY 1*LAIV lsoV1Y 1 t. 1 S 1/2' IRF �-- @ .. �,u. �' � �� , ��I t w w � �5 �� v POINT OF � � BEOINNIN� � 1/2` IPF �'�f 0.k ! SHE C 9 .� ' ,��'`,,� PFi96'�R�Y'd �fdU6T. - :��5&1N� GA�a5dh54kY� � �:. couNrr, iNC. � � � � ', ooC. No. 2 �2�b R.P.R.D.C.T. 43.049 AC � °: � � , �r r ,{^ f � f` �� C�f�� t,4aa I ' I t�S}C Ntr, �� u' � �4iA�6-t�a#g7€5 Ri'.Yi.i�.G.T. � . u,a�,�� a�v� �aG - � �� . LYNELL CAWOOD DOC. N0. 95-0034882 R.P.R.D.C.T. CALLED 1.04J ACRE � � � ' � �'� �• � �. * i '+ �' '�`• � �� g �.�' �' �'��`� � � `'� ��, �'o �� 9 � � i "�a�,, d �\'�` �^ °�„ �u. � � ' �.�;�'��a, "�. c�+ � � � '` �' ` , � e �� `�� k � \ \ a �� ,� ,,� ��p'` .�_ �� DPD, LLP � -.. t DOC. N0. � � � .�� I"_� .x.��. *,„. �r,> .... 2 104878 �� . R.P.R,D.C.T. � CALLEO 20.06 AC� � � d£� �� f � �jY f . �� '{�BfAS �€Wri�I�IPf�.. P'�,R � g A�tdCY �� VOL. SY#@, f�'G. 494 Pk �,R.$S.�.Y, � � Cl�LL�C3 3,tr� AC :� � � + , ��e°°� � [��" 9 '..�'�`"" �, '�°^ 6:..,. � �.O . � ,,,,n —�.-.�...,,,.�—+ ,��.._� 1I2 CIRF ��_�s,- � C 1 ct� 2 tor 1epa1 d��cript�.ian oc:� �g��te�s, -- � �'� ��`� IIBra tO 10.372 ACRES rdinan�e � ��,� SHEET 2 OF 2 �t �� "' ��'�`I Cnll�t� p7.277�R�Ek TRACT a ao eo tso �3��`yf�.�,y�" � ,.�N�t�W i��}1F�Li wtl��.K�# al ol � � '�a �,,. "a d�ttC. F3Q, �3-��,34525 ��'�'� p°� ii,P�f�.P.�.T.. BCALEt t' � 140° 3 B7•63'22' E - 716.70' ` �cwrr �es.,er �� :x?s,!z �ssa znear�aeaB � � ,� \ yC�� 9d�, '�• �� 1 . 7 L` ' '7 J LL L I . . 1 .....T. , r-, t _� a . .,.�`� '1� � , � R , Cr� ea�6e's�• w - ��o.�•J � e�r°�i'ae' vr • �a�,��° a�,..�_._�. n-^°----_�.._. � . .... --�,.... _._._, p o' ��e kb� �e .. .� w�w� �.. ,�' �' � � J�GSiY t�` �r�N�CShI � I � � ��y�a �� S�r� •� ��#'R9�GT� � N � � N � `s � u � o"� ��.�� ' ��^� �s��u,�i� xs i�. � �, "�*� ��'�SrT � ��} �� ; � ,�°.a��y��'gi� �'��u�1� �S`;�i�s ;,wrr�+ �'� c � � � � an �r rxm�'" r� °'� _a 4- - � ... A1L� QA8 �� _ u � �. s _�`ti \�� . .��^� CALLED 0.46 AC TEXAS POWER & IJGHT COMPANY V8L 1027, PG. 995 �, R.P.R.D.C.T. �° _°"--°---=°-°�+� CALLED 2.430 AC "+ TEXAS MUNICIPAL ,� e Poss�R acea�cv VOL 1627, PG. 163 � R.P.R.D.C.T. CALLED 1.424 AC ��. �\� �Aid �, \ �'� � \ � � � `y �4 i \ �� . , � �� .��d� �.��~ �� a i 1�i e� i �� t� �� rr•r�a'r_rr� S :' � 1. �.a..� C�I IFV Y D[�T�11 Y D►:I�.`! 1 � 1' /' �► C: �' - J I�� .1 � • � . � �, � � . 1 1 i � r� � . ♦ , �; � � , . � . � � , '. � � � ', � � ; ;� � ; �,,.�� . � . �. � � . �, . , � ,,;� � . �,• . � � , � . � ' . � 1 This Cai��a•{��t of Sale (the "Contract") is made this ��,�',�'' day of �',� �� :',�� " , 2014, effective as of the date of execution hereof by Buyer, as defined �r•�in (the `Bffective Date"), by and between JOHN POWELL WALKER and WILLIAM A. MARTIN (referred to herein as "Seller") and the City of Denton, Texas, a Home Rule Municipal Corporation of Denton County, Texas (referred to herein as "Buyer"). � WHEREAS, Seller owns that certain tract of land being more particularly described on Exhibit "A" and depicted on Exhibit "B" attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, Seller agrees to sell to Buyer, under threat of eminent domain, and Buyer desires to buy from Seller, the Land, together with any and all rights or interests of Seller in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances to the Land (collectively, the "Property"). .' • �, '• � �' • For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, and subject to the reservations herein, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. Seller shall reserve, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Seller, their heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances (except oil, gas and all associated hydrocarbons) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. ,. � . �. � . � 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of Six Hundred Thousand and No/100 Dollars ($600,000.00) (the "Purchase Price"). 2.02 Earnest Money. Buyer shall deposit the sum of One Thousand and No/100 Dollars ($1,000.00), as Earnest Money (herein so called) with Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205, (the "Title Company"), as escrow agent, within fourteen (14) calendar days of the Effective Date hereof. All interest earned thereon shall become part of the Earnest Money and shall be applied or disposed of in the same manner as the original Earnest Money deposit, as provided in this Contract. If the purchase contemplated hereunder is consummated in accordance with the terms and the provisions hereof, the Earnest Money, together with all interest earned thereon, shall be applied to the Purchase Price at Closing. In all other events, the Earnest Money, and the interest accrued thereon, shall be disposed of by the Title Company as provided in this Contract. 2.03 Independent Contract Consideration. Within fourteen (14) calendar days after the Effective Date, Buyer shall deliver to the Title Company, payable to and for the benefit of Seller, a check in the amount of One Hundred and No/100 Dollars ($100.00� (the "Independent Contract Consideration"), which amount the parties hereby acknowledge and agree has been bargained for and agreed to as consideration for Seller's execution and delivery of the Contract. The Independent Contract Consideration is in Contract of Sale Page 2 of 23 addition to, and independent of any other consideration or payment provided in this Contract, is non-refundable, and shall be retained by Seller notwithstanding any other provision of this Contract. ,. . . � . �1 . 3.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specifed in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending not later than Monday, October 8, 2014 (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited, to reports, studies or inspections related to title and survey matters, soil conditions and to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer fnds the Property suitable for Buyer's purposes, Buyer may, at any time prior to Monday, October 8, 2014, end the Absolute Review Period and proceed to Closing. Buyer is granted the right to conduct engineering studies of the Property, and to conduct a physical inspection of the Property, including inspections that invade the surface and subsurface of the Property. If Buyer determines, in its sole judgment, that the Property is not suitable, for any reason, for Buyer's intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as reasonably practicable, but in any event prior to the expiration of the Absolute Review Period, in which case the Earnest Money will be returned to Buyer, and neither Buyer nor Seller shall have any further duties or obligations hereunder. In the event Buyer elects to terminate this Contract pursuant to the terms of this Article III, Section 3.01, Buyer will provide to Seller copies of (i) any and all non-confidential and non-privileged reports and studies obtained by Buyer during the Absolute Review Period; and (ii) the Survey. ,. . �. ;� •, � � . 4.01 Representations of Seller. Seller represents to Buyer as of the Effective Date and as of the Closing Date, except where speciiic reference is made to another date, that: (a) Seller has no knowledge of other parties in possession of the Property or any part thereof, and no party has been granted any license, lease or other right related to the use or possession of the Property, or any part thereof. (b) The Seller has the full right, power, and authority to sell and convey the Property as provided in this Contract and to carry out Seller's obligations hereunder. (c) The Seller has not received notice of, and has no other knowledge or information Contract of Sale Page 3 of 23 of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property other than an Eminent Domain proceeding styled: City of Denton, Texas v. John Powell Walker and William A. Martin, Cause No. CV- 2014 — 01215 in the County Court at Law No. 2 of Denton County, Texas. (d) Seller has not contracted or entered into any agreement with any real estate broker, agent, finder, or any other party in connection with this transaction or taken any action which would result in any real estate broker commissions or finder's fee or other fees payable to any other party with respect to the transactions contemplated by this Contract. (e) The Seller is not a"foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. (f� The Seller shall not have caused any liens or claims resulting from labor or materials furnished to the Property under any written or oral contracts arising or entered into prior to Closing. (g) From the Effective Date until the date of Closing or earlier termination of this Contract, Seller shall: (i) Not enter into any written or oral contract, lease, easement or right of way agreement, conveyance or any other agreement of any kind with respect to, or affecting, the Property that will not be fully performed on or before the Closing or would be binding on Buyer or the Property after the date of Closing. (ii) Advise the Buyer promptly of any additional litigation, arbitration, or administrative hearing concerning or affecting the Property. (iii) Not take, or omit to take, any action that would result in a violation of the representations, warranties, covenants, and agreements of Seller. (iv) Not sell, assign, lease or convey any right, title or interest whatsoever in or to the Property, or create, grant or permit to be attached or perfected, any lien, encumbrance, or charge thereon which will not be terminated, released or discharged on or before Closing. (h) As long as Seller is not required to perform any affirmative act (other than signing any authorization or application), incur any cost or expense, or otherwise approve of a final plat, final zoning change, or other authorization which becomes final at or prior to Closing, Seller shall execute necessary preliminary authorizations provided by the City to the Seller required for any City initiated permitting, planning or zoning applications during the executory contract period, involving Contract of Sale Page 4 of 23 the Property. Such authorization has been executed and is attached to this Agreement as Exhibit "C". 4.02 Warranty of Buyer; Waiver of Reliance; and "AS IS" Property Condition. Buyer represents and warrants to Seller that it has made, or will make prior to Closing, an independent inspection and evaluation of the Property and acknowledges that Seller has made no statements or representations concerning the present or future value of the Property, or the condition, including the environmental condition, of the Property. Except as otherwise speciiically set forth in the deed concerning Seller's special warranty of title, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, STATUTORY, OR IMPLIED, AS TO THE VALUE, QUALITY, QUANTITY, PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED IN, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY, SUITIBILITY OR FITNESS FOR PURPOSE OR USE, OR HABITABILITY OF ANY OF THE PROPERTY OR THAT ANY IMPROVEMENTS HAVE BEEN CONSTRUCTED IN A GOOD AND WORKMANLIKE MANNER. Except as otherwise speci�cally set forth in the deed, Buyer further acknowledges that it has relied solely upon its independent evaluation and examination of the Property, and public records relating to the Property and the independent evaluations and studies based thereon and it is not relying in whole or in part upon any oral or written statements made or information or documentation provided by, or upon any warranty or representation (either express or implied) of any type or nature furnished by Seller, Seller's representatives, Seller's agents, Seller's Brokers or Real Estate Salespersons, Seller's employees, Seller's attorneys, Seller's partners, any director, shareholder, or officer of Seller, Seller's affiliates, or any of Seller's predecessors in interest, successors and/or assigns, regarding the Property or any portion thereof. Seller makes no warranty or representation as to the accuracy, completeness or usefulness of any information furnished to Buyer, if any, whether furnished by Seller or any third party. Seller assumes no liability for the accuracy, completeness or usefulness of any material furnished by Seller, if any, and/or any other person or party. Reliance on any material so furnished is expressly disclaimed by Buyer, and shall not give rise to any cause, claim or action against Seller. Buyer acknowledges that it is being given and on the Closing Date has had a reasonable period of time prior thereto to inspect, determine and evaluate whether Buyer wishes to close the purchase of the Property without any warranty, representation, or inducement on the part of the Seller whatsoever, except as otherwise specifically set forth in the deed which Seller shall sign at closing, a form of which is attached as Attachment 1 to this Agreement. WAIVER OF CONSUMER RIGHTS: Buyer hereby represented by legal counsel in purchasing the Property from the Buyer hereby expressly waives all of its rights under t Practices-Consumer Protection Act, Section 17.41 et seq., ' Commerce Code, a law that gives consumers speci�c rigl Following a consultation with an attorney of the Buyer's own Contract of Sale Page 5 of 23 represents that it is the Seller, and that he Deceptive Trade Cexas Business and dts and protections. selection, the Buyer hereby voluntarily consents to this waiver as evidenced by the signature of Buyer below. It is acknowledged by both the Seller and the Buyer that in addition to the foregoing, it is the intent of this agreement to release the Seller from any and all responsibility for the design, construction, repair, or maintenance of improvements located on the Property. After Closing it is the intent of the Buyer to completely demolish and destroy and of the dwelling improvements located on the Property and represents that any dwellings or other improvements located on the Property have a zero, if not negative value to the Buyer, and that no part of the consideration is being paid for any such improvements. This Section shall survive the closing or earlier termination of this Contract and shall not be merged into the deed at Closing. 4.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Buyer and Seller contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Deed Without Warranty, as described in Article VI, Section 6.02(a). ARTICLE V CONDITIONS PRECEDENT TO PERFORMANCE 5.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, Seller has performed, furnished, or caused to be furnished to Buyer all items required to be so performed or furnished under other sections of this Contract; and 5.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, covenants and agreements of Seller contained in this Contract are true and correct or have been performed, as applicable, as of the Closing Date, except where specific reference is made to another date. 5.03 Adverse Change. Buyer is not obligated to perform under this Contract, if on the date of Closing, any portion of the Property has been condemned by an entity other than Buyer, or is the subject of condemnation, eminent domain, or other material proceeding initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 5.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 5.05 Buyer's Right to Waive Conditions Precedent. Notwithstanding anything contained in this Contract to the contrary, Buyer may, at Buyer's option, elect to waive any of the conditions precedent to the performance of Buyer's obligations under this Contract by giving to the Seller, at any time prior to Closing, a written waiver specifying Contract of Sale Page 6 of 23 the waived condition precedent. 5.06 Buyer's Termination if Conditions Precedent Not Satisfied or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisfied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. On Buyer's termination, the Earnest Money shall be immediately returned to Buyer by the Title Company. The Seller shall, on written request from Buyer, promptly issue the instructions necessary to instruct the Title Company to return to Buyer the Earnest Money and, thereafter, except as otherwise provided in this Contract, Buyer and Seller shall have no further obligations under this Contract, one to the other. ARTICLE VI CLOSING 6.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of the Title Company and shall be accomplished through an escrow to be established with the Title Company, as escrowee. The Closing Date (herein sometimes called), shall be on or before Wednesday, October 10, 2014 unless otherwise mutually agreed upon by Buyer and Seller. 6.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company, at the expense of the party designated herein, the following items: (i) The Deed Without Warranty, substantially in the form as attached hereto as Attachment 1, subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; (ii) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing; provided that Seller shall be under no duty to make any covenants, warranties, representations, or agreements to the Buyer or Title Company which are not expressly set out herein. (b) Buver• At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: (i) The sum required by Article II, Section 2.01, less the Earnest Money and interest earned thereon, in the form of a check or cashier's check or other immediately available funds; (ii) Other items reasonably requested by the Title Company as administrative Contract of Sale Page 7 of 23 requirements for consummating the Closing. 6.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 4.03, above, the provisions of this Article VI, Section 6.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Buyer with respect to the Property: (a) Ad valorem taxes relating to the Property for the calendar year in which the Closing shall occur shall be prorated between Seller and Buyer as of the Closing Date. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on i.) the percentage of property taken from the parent tract, and ii.) the amount of taxes due and payable with respect to the Property for the preceding calendar year. As soon as the amount of taxes levied against the Property for the calendar year in which Closing shall occur is known, Seller and Buyer shall readjust in cash the amount of taxes to be paid by each party with the result that Seller shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and Buyer shall pay for those taxes attributable to the period of time commencing with the Closing Date. 6.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 6.05 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transaction contemplated by this Contract. Seller is responsible for paying fees, costs and expenses identifed herein as being the responsibility of Seller. Buyer is responsible for paying fees, costs and expenses identified herein as being the responsibility of Buyer. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be borne by Buyer. ARTICLE VII DEFAULTS AND REMEDIES 7.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on the occurrence of any one or more of the following events: (i) Any of Seller's warranties or representations contained in this Contract are untrue on the Closing Date; or (ii) Seller fails to meet, comply with or perform any covenant, agreement, Contract of Sale Page 8 of 23 condition precedent or obligation on Seller's part required within the time limits and in the manner required in this Contract; or (iii) Seller fails to deliver at Closing, the items specified in Article VI, Section 6.02(a) of this Contract for any reason other than a default by Buyer or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's sole and exclusive remedies for the default, may, at Buyer's sole option, do any of the following: (i) Terminate this Contract by written notice delivered to Seller in which event the Buyer shall be entitled to a return of the Earnest Money, and Seller shall, promptly on written request from Buyer, execute and deliver any documents necessary to cause the Title Company to return to Buyer the Earnest Money; (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens, encumbrances, exceptions, and conditions other than those shown on the Title Commitment, whereupon Buyer shall waive title objections, if any, and accept such title without reduction in Purchase Price on account of title defects and shall be entitled to assert any rights for damages based on Seller's representations, warranties and obligations that are not waived by Buyer by its acceptance of Seller's title; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 7.02 Buyer's Default and Seller's Remedies. (a) Buyer's Default. Buyer is in default under this Contract if Buyer fails to deliver at Closing, the items specified in Article VI, Section 6.02(b) of this Contract for any reason other than a default by Seller under this Contract or termination of this Contract by Buyer pursuant to the terms hereof prior to Closing. (b) Seller's Remedy. If Buyer is in default under this Contract, Seller, as Seller's sole and exclusive remedies for the default, may, at Seller's sole option, do either one of the following: (i) Terminate this Contract by written notice delivered to Buyer in which event the Seller shall be entitled to a return of the Earnest Money, and Buyer shall, promptly on written request from Seller, execute and deliver any documents necessary to cause the Title Company to return to Seller the Earnest Money; or Contract of Sale Page 9 of 23 (ii) Enforce specific performance of this Contract against Buyer. ARTICLE VIII MISCELLANEOUS 8.01 Notice. All notices, demands, requests, and other communications required hereunder shall be in writing, delivered, unless expressly provided otherwise in this Contract, by telephonic facsimile, by hand delivery or by United States Mail, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile or hand delivery, and (b) the date of the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: SELLER: JOHN POWELL WALKER and WILLIAM A. MARTIN Telecopy Copies to: For Seller: Telecopy. 8.02 Governing Law and Venue. is intended to be performed in the validity, construction, enforcement CONTRACT IS PERFORMABLE I ACTION BROUGHT WITH RE', COUNTY, TEXAS. BUYER: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Bu.yer: Scott W. Hickey Kelsey, Kelsey & Hickey, PLLC P.O. Box 918 Denton, Texas 76202 Telecopy: (940) 387-9553 This Contract is being executed and delivered and State of Texas, the laws of Texas governing the and interpretation of this Contract. THIS N, AND THE EXCLUSIVE VENUE FOR ANY >PECT HERETO, SHALL LIE IN DENTON 8.03 Entirety and Amendments. This Contract ernbodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. Contract of Sale Page 10 of 23 8.04 Parties Bound. This Contract is binding upon and inures to the beneft of Seller and Buyer, and their respective successors and assigns. If requested by Buyer, Seller agrees to execute, acknowledge and record a memorandum of this Contract in the Real Property Records of Denton County, Texas, imparting notice of this Contract to the public. 8.05 Risk of Loss. If any damage or destruction to the Property shall occur prior to Closing, or if any condemnation or any eminent domain proceedings are threatened or initiated by an entity or party other than Buyer that might result in the taking of any portion of the Property, Buyer may, at Buyer's option, do any of the following: (a) Terminate this Contract and withdraw from this transaction without cost, obligation or liability, in which case the Earnest Money shall be immediately returned to Buyer; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive any (i) in the case of damage or destruction, all insurance proceeds; and (ii) in the case of eminent domain, proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have a period of up to ten (10) calendar days after receipt of written notification from Seller on the final settlement of all condemnation proceedings or insurance claims related to damage or destruction of any improvement located on the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such fnal settlement, then the Closing shall take place as provided in Article VI, above, and there shall be assigned by Seller to Buyer at Closing all interests of Seller in and to any and all insurance proceeds or condemnation awards which may be payable to Seller on account of such event. In the event Buyer elects to close upon this Contract after final settlement, as described above, Closing shall be held iive (5) business days after such final settlement. 8.06 Further Assurances. In addition to the acts and deeds recited in this Contract and contemplated to be performed, executed and/or delivered by Seller and Buyer, Seller and Buyer agree to perform, execute and/or deliver, or cause to be performed, executed and/or delivered at the Closing or after the Closing, any further deeds, acts, and assurances as are reasonably necessary to consummate the transaction contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 4.02, above, the provisions of this Article VIII, Section 8.06 shall survive Closing. 8.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 8.08 Exhibits. The Exhibits which are referenced in, and attached to this Contract, are incorporated in and made a part of, this Contract for all purposes. Contract of Sale Page 11 of 23 8.09 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Buyer under this Contract, including without limitation, adjustment of the Closing Date, are hereby delegated by Buyer, pursuant to action by the City Council of Denton, Texas, to Frank Payne, P.E., City Engineer of Buyer, or his designee. 8.10 Contract Execution. This Contract of Sale may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. 8.11 Business Days. If the Closing Date or the day of performance required or permitted under this Contract falls on a Saturday, Sunday or Denton County holiday, then the Closing Date or the date of such performance, as the case may be, shall be the next following regular business day. 8.12 Relocation. Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance"), shall be administered as provided by the Relocation Ordinance, aside and apart from the transaction contemplated by this Contract. 8.13 §1031 OR §1033 EXCHANGE. It is the Seller's intent to possibly effectuate an exchange under either § 1031 or § 1033 of the Internal Revenue Code. In the event the Seller decides to effectuate a§1031 or §1033 exchange, Buyer agrees to cooperate with the Seller in effecting such an exchange, including revising certain portions of this Contract as they relate to the receipt of the proceeds from this sale and the timing of the Closing Date. 8.14 Additional Consideration. As additional consideration for 5ellers conveyance of the Property to Buyer, Buyer shall install a masonry screening wall around Buyer's facilities with landscaping around the perimeter of the said wall. Said masonry screening wall shall be substantially similar to that which is depicted in the attached Exhibit "D" and shall be constructed by the later of, a.) six months after the date of closing; or b.) three months after Buyer, its successors or assigns complete the construction of its facilities on the Property. SELLER: JOHN POWELL WALKER WILLIAM A. MARTIN Executed by Seller on the day of _� , 2014. Contract of Sale Page 12 of 23 08i05�2014 08:52 L'AUBERGE DEL MAR � 912146514330 N0.747 D002 Execrrted by SeU.cr srn thc d� of �� 2d 14. � 177b83,llgpn.5�102/Df91 i< coa�e oi sato Pa�e i 3 of 19 BUYER: � �'"�`° �,. �-y-�q �''�� `' � ,��- By �`j � � ,µ. �,�;, � ,� .� L.l,l_;+��:. C. CAMPBELL L1 ��A MANAGER Executed by Buyer on the �� ;�'� day of r"� ;��_� �� , 2014, �§ ATTEST: JENNIFER WALTERS, CITY SECRETARY I: �.�'�'CtC�VED AS TO LEGAL FORM: Sl..o 1 A VV . llll.�lli'iYy 11EL17L' 1 y 11EL�7E 1(X. 11A1�11E 1 y PLLI.� � ��.�"' � . �, BY: �` ~� � � Contract of Sale Page 13 of 23 i. , � . ; �; .. By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract and to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381-1006 Telecopy: (940) 898-0121 : Printed Name: Title: Contract receipt date: _�, 2014 Contract of Sale Page 14 of 23 " �I �� ,i � *, �I iiai� i � iii -- � '' I'�"�' ��i�'��° : .. . _ .. �� _ . , , � � �� _ � � -�, . � -., � - � r ��llll �� '� � � - � �� -�� i ■I I * - ♦ • 1 ♦ {'itii:il�� t IDIIII�II�� M I ! �p �� -�. -�� r � r- -� _— - � • � . � _ � . --r- - *�� •-� � - � �-�.'w,��i �'#� .� �' . ►1 . # . . , . .-•-. TITLE COMMITMENT MOTES: STA7E OF TEXAS COUNTY OF DENTON LEGAL DESCRfPTION — 10.372 ACRES . .�� , � - , �. ., ,. ... , . , . . .- .� �-- . .: -. :-. . , � .. : ,.,. * , . �, . �� . . . �., �� -� . �� , , - �-� r R� ....:.' ' ..i! , �. * ' , ..�. ..:�. . �'!: ! .,R •.... ��..��. , R ��. �.. .,.�.. ,.. � `: � `� .��! l�,�� BEGINNINGat a 1/2 lnch iron pipe found in the east line of Geesling Road at a westerly exterior carner of the safd Wolker troct, same being the southweet corner of a called i.043 acre trdct of land as descr{bed in o deed to Lynell Cawood, as recorded fn Document Number 95—Ob34882 of the aaid Reol Property Records for the northwest corner of the herein descrlbed troct, from which a 1/2 lnch capped fron rod found for the Northwest corner of soid 1.043 acre troct bears North 02'41'S2" East, [N 03'10°OQ°° E], a dfstance of 135.91 feet [135.65 feet]; THENCE 5outh 87'53'22" East, [S 89°54°18" E] with the common line of soid Walker $ract and said Cawood tract, possfng o 3/8 inch iron rod found at the southeast carner of said Cawood tract at a distance of 336.47 feet [337.00 feet], and continuing for a total dfstance of 715.70 feet to a 5/8 inch capped }ran rod set and stamped "TNP" for the northeast corner hereof; 7HENCE South 01'56�26" West, a distance of 652.34 feet, to a 5/8 fnch capped iron rod set and stamped °'TNP••, for the southeast corner hereof, same being the northaast corner of a called 3.02 ocre tract of land as described in a deed ta Texas Municipal Power Agency as recorded in Volume 1149, Page 494 of the Deed Records of Denton County, Texos, from which n 1/2 Iron rod found for the most easterly southeast corner of sofd 3.02 acre tract bears Sauth 48'05°31" West, [S 46'13`51" W], o dlstance of 45.07 feet [45.10 feet]; THENCE North 88'Q7'46" West, [N 89'59'49°' W] with the common line of said Wolker troct and said 3.02 ocre tract o distonce of 549.48 feet [549.5 feet], to a 5/8 lnch capped iron rod set and stamped "TNP", at on angle point of said Walker tract; TI1lE RESOUR�S WARANTY C�PANY cF No. t 7 TH�NCS� �t;�i}� ��a�:�ty`p5°• Wes{ CN 4p.27•41" W] continuing with said common line, a distance cnve on� �AY ia, zot< of ?5�,7� i�e# 1..��.0 feet , to a 5/8 Inch capped iron rad set and stom ed "TNP", same COk4MITMa1T 6ATE: �X1NE 02, 2014 � � P beirrc� tMe �trr��awes! corner af said 3.02 acre tract, and the westerly so�thwest corner of said THisnucrissus�ecrTOnieFO��owiNOeuw�renseMeNrs; yyo96��i� krr�E:E ur3�7 4yi�sg in the east line of Geesling Road; 96q. Eaaanent euewted b E.E. C,EESLING and wlfe, iAYRTLE ceesuNC et oi ta LCNdE S�nR cAS c�PANV rias uay s, ias7, 7HENCE North 01'56°46°' East, [N 00'00°t1" W] along the common line af said Walker troct rscorded In Velume 42s, Page 28s, Deod Racarde at Dontnn Qnd the east line of said Geesling Road, a distonce of 460.75 feet [459.04 feet], to the County, 7exaa (locatlon and wtdlh undeFlned). POINT dF BEGINNfNG and contoining 10.372 acres of lond more or less. 7H[ FOLLOWINO 5CHEUULE B I7EMS DO NOT AFFECT THIS TRACT: 90h. Eoeemxi4 ez�tted by MRS. J.T. BOTTORFF ot d to LaJE STAR GAS C6iAPANY flled May 2i. 1916, rocaded In Vdume 146, Papo 412. D Recorda of Ddaton Counly, Toxaa. 101. Eaoanont exedated by SIM NG ta LOFIE STAR GA5 COMPANY ftlod �ne 8, 1923. r ded in Vdume 187. Page 828, Deed Rocwda of D�ton County, Texaa 10} Eosement executed by SIM GEESLING to TEXAS POWER & LIGHT CQIAPANY filed December 1, 7924, recorded In Vdume 196, Page 75, Deed Recorda of Donton County, Texae. tOk. Eaa«nent executed by CHARLES H AN to TEXAS PO � IJGHT C6MPANY tned Docanber 23. 1924, r ded In Vdume 598, Paqe 80, Deed Recorde of Denton County. Texaa 101. Eaeanent exeeuted by EE NG to LadE STAR GAS C6kIPANY fltod �kane 12, 1926, recwded In Vdume 205, Paqe 44T, D Recordo ot Dditon County, 7exaa. 40n. Eaeanent executed by O.V. RUS�l.L et ol to TEXAS PO4�R & LIGHT COMPANY flled Aprtl t7. 1937. recorded In Vdumo 265, Paqe 215, 6eed Rxwde of Dentan County, Texoe. This descrlption is based on the Land Title 5urvey and Plat made by Todd B. Turner, R.P.L.5. No. 4859 on June 04, 2014, SUflVEY MOTES: t.) 6eflrin{�t� trf 1Anaw :�Yau��rc?€ fuaroan re9er &�s cF�^i� H+a��eN��. �i tkau ��x�� Coardinate 6yater oP 1963 (NOrth Contr�L Zone, 93( tTFFE1y �}tinctt ^ri4x..{tB} es deriveu Soot+TPy Cr9a� W+rbfiprp� aet� &ya4era Continuoualy Oparatinp Aeference S4ations �C�?R�y vias st�a1.. Ti;in:p� Kinematic gflTK} c�a�h�aaia�. s+� nvn��ugn Coasbination Feetar of Q.S88853389 we� used to aceYa eur�'�€raa +1l:.st�rcc�� [�+ yri�a ALl diatiaeu:.um s7io�v� Ya+�r^a��r raprsbmt�t prid veiuee. 2.y 7he utilitiea ehown oo thia eurvey er� baaed upan the avail�ble inforn�tion �nd °field locate�" of vislble sbova pround aarkinps provided by TNP SUE DEPT. TNF t°elied aolely on tha caoperation oi the various utility conpaniea and eny intornation they nade aveiiable. Underpround tacilities have not been iield verifietl. Thar� o�y b9 edditi0nfll uti2ltles thet TNP has not be6n atlVi�ad 0f. 3.) See sheat 2 Ot 2 tor aurvey plet. 4.} Thia euPVey wes prepered with benefit of thet cer4ain 7itle Cammitment GF N0. 105807, eifective d�ia of qay 10, 2bt4, provided by Title Resources Ouaranty Compeny. For aaaevents, riphta-of-way �ntltor o4her eattarg of record that may effect thia tract, the nurveyor reli�d solely on eaid 7itlo Commitaent. . *. . , 96a. Eaexnart exeaated by C.1A. 1sEST and wlfe. MRS. MILDRW To: John Powell Wolker et of, Title Resources Guaranty Company and the City of Denton, Texas: �ST to TEXAS PO�R & UGHT C�APANY tllod VAwch 23, 1950, r ded In vdume 355, Paqe 59e, D R de ot oenton I, 7add B. Turner. �t�:�ls;s�ered Professional Lond Surve r State of Texas. do hereb certlf that County, Texaa. 1ro e Y Y this su�vey �r��s;antis��ly cc�rs�F�lies with the current Texos Soclety of Professionol Surveyors tOp. Eoaement ex�cuted by MARY GEESLING et oi to �xns stan�trsr and s�;�nr:lli�criizar�; ° a Gategory 1A, Condition II survey. POWER k UGHT CO�iPANY tlted June 22, 1956, recorded 4n .�� .� Volume 422, Poge 419, Deed Records ot Qenton Ceunty, Texos. � �.1 �,�� ,�.-°'..,�^ --' � tOr. Eaa«nast exeated by E.E. NG and wlfe. IAYRRi ,� �, ,,:`�.�. ,�'�, GEESIJNC to TD4AS POWFR k t1GHT CdAiPANY flled S tembx -"" v� j'�� ` 58. 1964, recorded fn Vdume 5t3, Page 526, Deed Recarde of � �,�,�_,,,,m___�,�� y,_,.„ `�- ��1S7E�,�. �, Dontw+ County. Texae. �`-: : �� .. . r J.'� �'� �* ",gl.� � ��:. t0e. Eaeement oxecuted by JAA1E5 H. RUSSELL, JR.. TRUSTEE to Todd B. Turner, RPLS y R..... .. r. ... „F T�(AS PO & tJqi7 COMPANY filed March 29, 9980, recardad Firm Registration Number 100i1601 ��70DD•B.•TURNER• � In Volume 1067, Page 9B9, Deed Rxorde of Dentoo County, Originol Survey Dote: February 27, 2013 .,,y,,.,� � . . 7exaa. Revislon Dote: June 04, 2014 — Updote 5urvey "•,.a 4859 r'� tOt. Eaaemmt oworded to GOSERV GAS, �7D., by fudgement ond Address Schedule B ItCms ''F�3�y �� undeer Cauae No. ED-2000-00334, In the Probaio Court of ��'p '��'� S}��'zt„��.� Denkon County, Texae. $ lblt 1/asi�P t0 ��°�C� ��-� �Y� U 1C"�` �--' Contract of Sale ��' teague nall 8� perkins �� p�,*� ��{"�'� 161i GMn Plan Ddv�� Sufb 92A � �„� - Dsnton. T�xa� 76205 ,i= ea„ 940.363.�777 ph 440.383.E016 fx www.lnpinacom . ,. * � ! 4'�i��.,..t��! . � � ,; ' � ! i ' �,, • � • w •' ! 1/2" IRF ��..�.-<. � _, J. of 2 for leff�l, d�s�ri�STkrr�� ¢anco ner'fots« p , : 98 8 90 G,Ai.r � � # - °��. M. _ �,. g . �,uf'D. �.� 1��4. X�ry�F! �� '� � t �1�'}I1.. CAYd4X3f7', 13 , 4ic�i' Ftii. :�.'i-�i�??,h�62 [,pi lCr'iG� iy� �s`��f�' • �� w w r��a i:r�i��Tna�e �, SHEET 2 dF 2 � r,�p d ��e � . �`: ° I . '��'� @�� REMAIN6ER OF o � eo rpa �"v` � v� o ,��' C.,�" '� CALLED 87.277 ACRE TRACT . � A " �t€�.'•�n�a� .bNN PO WALKER ot ol : � �� ,�a'�€a "3 DOC. N0. 03-0034125 ��......,...SCALE: t• � 720' POINT OF �'� l� e9•sa°9e- e- s37.a°) `� ,,'�` ��° R.a.R.D.C.r. I BEGINNING � — . i � . G�', __ - �'� 1/2" IPF �' 3 e7•63'22' 8... 715,70' C.Af. y�° m ! : � � � THE CEESLING � P I ,� �� . PR�FRTY TRUST. GEESUNG CASSAWAY p �aY =�' � '` s�`�''�,� �,,�,�•��,�t �y�y �: CWN1Y, INC. e�. ta�+ ��'��u ,y�.. s".i D�. N0. 20Q5-50246 � � � R.P,R,D.C.T. � °'w-"�u`rra''� � CAUED 43.049 AC <��r> �wa3 � � �� ` ,� �. �,� '.� .w.m. _ _ ...:_�;;;; ... � . ' �...._.. 1 . % ��" � n:-. �`�� d , ° °"� a�oo LL� � 1� � 2003Ct9A676 p I� ;,,u � L '. 7 R.�.R.b.C.T. � a�a �^ L L t I CALLED 20.60 AC p �� . ,., � � . . � � � 1 �� &� �v . . . . . . � � �� ! �� .. 95f1PJP�:��P �31� � � RlmYtl' ,bA"8; CCYiYifSlldl. fat' ita�s w�r�,� i��r �.� �.. Pr�.fuCp�Y t'ii P+��sa ut' w,�c' 3 rr. J1 `t�1�4 d u 3 F, • i (1� C�'�+7y� u�ua cr r� ar� c`Dv . �'`., I i � � ., . . , . , , ,. . . , . , r. , . ' �`.` � V�� ' � 3..� ., ATAIOS 6A8 ��y u � HP.RKFIi � �. � �d'' �i� � `� � s, t✓ � fi�. �. C° �` � ��: �, � y + :S . � �, �"�5��- t��ts°', 41 � �l � �4- d �, r�b:��"��.�^ '��„ � ❑ a6.� f , � �.'*��,� �� r+qtHL��y , �,�,7 � � S�� 1 � ti� ��. � �5 p,F�Y�4�nfaj�'�.y��ns� • �. �s +�" �E ' Wp;Y �„„..�.' m � � � �� `a��, C + �arr �'� nr'a�r ��' ��rM�c�� #�� ti � �- � � N L+a u�i +�A w ,rcsl- � � �� '��t _ ra rta&6r^s�t W ,��c�f �"+ G ��' e� 99 in' d � y c�+ .� � _ a � .,r� �+s �, �� i � �„ �� , � . � �,; � ''�� us�t.� �y � � �- �,#a� '�'� � °---'b'-�. �'"-�._.. e� arr Cr�t�"�...a_._ p � � aq� 5�� .� • � 't ° � �,..�, f ��--°�---°- _. _. ., . �� \ 4 „ B° CPoOh 1Y9.7Ua wua..�''4 µ •,� l• .,•�•SA�� !6�' "`.' -. , .. .,,.,,.� fy3 �� . "�� , v f�,�� d�q. ry�Q-�C ;» s�s1�" - .� si ,. � .. ,.: a • ��i. N0. ,.�.P� x�i„. � � �.... ...y��..,..w.��./`� dddsrm. �.a! � �I�d11' �ii� �i,i�.��i}� 1� 2603-184876 �� _",. °�._s.e�.. \ �� '� � rr=:�sm- Y�71.. "��'7�, isG. t�aF3 � � ��' R.P.R,D.C.T. �� k� y 'd�iP �,.ti.C.P`, I �� Y� � �� C+�LLEES S}.4Ci AC TExAS PO�R & LIClfT COAIPANY � CALLED 20.00 AC�, f � � � �4 *r ^ �� £' � � \ k � ��..Y . �pLLEDR2.4 0 AC I I � �t�nz,�ti�c# �y � �:� , � � �. � r�� a.��s.an� 2�� ,�.... ��r�;S�� ,v � a �. �`�z fPi UP+CAFIFC�� Aea �..� I � *, T��a1S #dUPJIi��9F`ie4. `"�� °� � '� i�6Y4'i'ft �kG€`,t�CY ,.�1`�' .. w � p _��p � vv�, au.�� . ta�,� �, � �� $� � ;• r,r.r� �'� i �t.w �a 6,c.�. d g i i CA�If':43 7.�T.�Y AC �•. � _�;�� ,.. tl , �....._,,..,...e,,. ........M.,,a �. `*� � ,.� . _. S �� ,�p, � n o a kL$I. � � � � . TEMkS 6AUAIICiPAL P��NA: f� .��„�„ c�s''�;. "� • � �'� � � w z � A CY `�"'�"�,4ii:`.'� �' t'x a �� V�. t9s9, PG. d94 �. �p. �,� �� ^�k �.�"��{��,;�q� I z �� c�u�o'soz A� � � �f �s�. �`ti� ��\ ,�"� � �� `� C �� 4 , ,,�'"� �-,�,�.�.. � "�,,y�'\, �` ' �;�` �y,��°�v � � � � � � �� : a �� I' � p�� rai � .�~'� �� . � � ,.t'`'?� � �- .�.�.I� � €' as" es�+a' �.., i� �w_�� ,.._„ C��'� 7��ATS � Sq_� w>CdA��yCSi�u'"S".e.....� \ � ��GA�,�d'N3Al7'�. T��✓ � --,.�~ � C �,��; .m� � �� i��. ��-s�' �:�z� �� rt �,,.. �.✓^ T-�:. y,. d'° �� ` r,e�A^�k � rs,i .��.�croa ��- � �# �� °act cifi `� -� �—_. �� _ � � ., W "-,� .�""� 1J� CIRF -.- `-�- ��r ° � �%�v. + . _ � _, -_ � ....__ ev � ._ ° �F,; ,s�' �-ma�,a�.� � � ,�: � ... . � ._- ��7, I T_F" � ��i'�6� f�d7{�f3 ,e � �wio, �� . ,. .m � .,�.� �.. , -.. •'-.•"""•" —••^^ �—•,•.� .. �.�Fl+�,.?2}�,.,P�']71.,d`Pti3ir�Uk`.'�Ift i757�� .�..,,.,� A9R'd�LP�RIBbG � °� k �wa�.—, e � �— �� _.�.. ,,,m..�_........��._a,m-��,.ed_ k fs5ta �:3�Y7aFi:1{T�,SY 't6'�t�tidE N58J ;�WY3 @"€i21�9i�:,. 16�'� AI.3 NIGlf'�'S," Gi#."-E'iN'�7'��r. "'"��-="m-. °—.,.w•—...x.H.w. )uly 3, 2014 Exhibit "C" to Contract of Sale RE: Proposed DME Substation A 10.372-acre tract situated in a 97.277-acre tract conveyed to �ohn Powell Walker, etal as described in Doc. No. 93-0034125 of the Real Property Records of Denton County, Texas. Ta Whom It May Concern; As the owner of the referenced 97.277-acre tract, located on Geesling Road, I hereby authorize Denton Municipal Electric to submit applications to the City of Denton for planning purposes for the proposed electric substation, including applications for a Specific Use Permit, plats and permits necessary for the �r�posed project. I �' � � ,� �+�-_.� ., �°�, � � � � � �,�� ame �� '�.7. !�— � _.a _ Date Page 17 of 23 Contract of Sale E�ibit "C" to Contract of Sale July 3, 2a14 _ __ ��fy RE: Proposed TDME Substation A 10.372-acre tract �ituated in a 97,277-acre tract conveyed t� John Powell Watker, etaJ as des�ribed in DoC. Na. 93-Ot134125 pf the Real Property Records of Denton County, Tc�xas. 'ro Wh.om rt May �oncem; r�s tt�� ar�n�r c,t ��s�� ~e�c;r��c.�i� 97.2�"i'-4�cx�: tr��tr lc��t�c� s�r� ��slir�� ti�a�ix I k��xr��y �7utl�c�a°i�� C��e�ax� M�n��.s�� i:h~�� t� su�a�nit a��ali��t°t� t�`� �i� City tak i��n��x� ��r� I?��n�air�� p�s��e� f�,� �� r��pr,:�e�i �I��ta•�s �u��t�kic��. sa�rl�dir�� iicatic,sr�� fcr�° <� ��zfi� 1�� t�ern�iE, �ai��:s a�� a�rrnitt� n��°� tca,r �1�� r��t�� °c�j��. � � a�cr Page 18 of 23 Contract of Sale NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED WITHOUT WARRANTY THE STATE OF TEXAS § § COUNTY OF DENTON § WHEREAS, the City of Denton is authorized under the Texas Local Government Code Chapter 251 to purchase land and such other property rights deemed necessary or convenient. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That John Powell Walker of Cleveland County, Oklahoma and William A. Martin of Dallas County, Texas, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten Dollars ($10.00) and other food and valuable consideration. The consideration recited herein represents a settlement and compromise by all parties as to the value of the property herein conveyed in order to avoid formal Eminent Domain proceedings and the added expenses of litigation, to Grantors in hand paid by the City of Denton, hereinafter sometimes referred to as Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Denton all that certain tract or parcel of land lying and being situated in the County of Denton, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes. Grantors reserve all of the oil, gas and other minerals in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder. This conveyance is made by Grantors and accepted by the City of Denton subject to the following: 1. Visible and apparent easements not appearing of record. Contract of Sale Page 20 of 23 2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show. 3. Easements, restrictions, covenants, conditions, oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances) presently of record in the Official Public Records of Denton County, Texas, that affect the property, but only to the extent that said items are still valid and in force and effect at this time. TO HAVE AND TO HOLD the property herein conveyed, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns forever, without express or implied warranty. All warranties that miaht arise bv ��mmon law as well as the warranties in Section 5.023 of the Texas Propertv Code (or its successor) are excluded. IN WITNESS WHEREOF, the instrument is executed on the day of , 2014. � Printed Name: John Powell Walker Acknowledament THE STATE OF § § COUNTY OF _ _ § This instrument was acknowledged before me on 2014, by John Powell Walker. Notary Public State of Printed Name: My Commission Expires;_____ Contract of Sale Page 21 af 23 � Printed Name: William A. Martin THE STATE OF TEXAS COUNTY OF . ,� This instrument was acknowledged before me on 2014, by William A. Martin. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, TX 76209 Notary Public State of Printed Name: My Commission Expires: Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 Contract of Sale Page 22 of 23 �i �i�� =i��i=�J��i �iiii�, i■ II � .... 1 q! � ;..� � :..#.. ..... Ilil � * � � ' �i�i� ,..� -•�� .�� ,,.,. ' � "�M�� '�' �A � �,' ! ' � � • • . . ��.. ,. � .-�.� � . � ... � �, + • � I�I ` r �__ ��1'iTiCil�� ' ' `'�� .��I��i� * .. �... � � ��. — __ �,�.. og pig i i 1 1�1�� _ . . . . .� � � ! +.I• -- 1�1�,� I+� __.�11� I!l�IIII�.,,. .�l, � �!.* • , *� � I ` ': R '*�i�t�IIIII�i��l � '•�'� "�'. � . if�.- � , . . S7A7E OF TEXAS COUNTY OF DEN70N LEGAL DESCRIPTfON — 1 d.372 ACRES �,:. ... � .. * ...: �. ,.,. *: a � � �� T�. , *..e �. � •.:; R '�. �: ► *. . �, . � . . �� ! .• � � •� ' � ^ ' ��s-� � r• : . . _�� • � . , ..�. . . �'� � � � . � ._ . � ♦ � ! � ! • R. � � ':�' ' � !�#� A � ' . r e� • • �'. ,.� '• • � f '� �..:: � ! #' ♦C ii * �• ♦' � � i: •1♦ ' , . . ., _ �ra'�� M:'fi� � ' •� ma�''se' '� � ■° '� ' ��r : ♦ ' + ' �'t w ' � � .: e..er'� •:,. �� r� + + � . . .. f ' .. � . - � - . . i . • !., � � �� M a M ��.:. �. ::. ♦ �i ,. � i� '��: ' �:�f •� ' • ��M � s ' ..:�� F ��. '� � �� #w♦ xf .- R # ! .#.. �.�� •�� A � • �'.,. r s:! � � + s �: . . ► i � r •� �. s ♦ ". +� � � w e � � � --. • � ��: ��w.-. . .. �.. s. y �.:..i .-t. ' �;. _ ..a.. -�. r � � i t � :. •:. � a .. � ,.: � F ... . , . ., . � � i ,:. � � � . �,, - • y •�. , : , � • ,,.i e.c. � •., _ +��.. c. ...: - » '. r�� : r- ■, � e�.: .. �.:t : •.�� . - � R t ♦� +• r;.� x, x� .f,. _�' r�,', �� ' ♦#�..�.� •..,�w 'r+:. .�� lswei a ��.� • !: ,..y *,� M . # A ;�i *R� �! • y.l� ' �:��'. *:* :'"' }� ,z# ♦ �...�.: R �.r�i � •:. : a� � a f � ��: �� • • �, � ,.:., p � �' r ■ • ^, � # ' � �.�� : : ' : � _ � �,;. �: � :; � .,_ ;, , , , , .. t , . . . - , . . ,.. � . .. ,- ,. _, . . : �..-. . ,. . . , . . � , . . � . . . , . * , , . . , . . . . . - . TITtF RESOURCES Gi1AftAN7Y COAfPANY GF N0. 145087 THC:IJ�C; ��f1'rr 5�`��r'05" West, [N 40'27'41" W] con4inuing with said common line, a distanae �cnvE oA�: uAV sa, zosa of '1..��,7� i��t ��wa.0 feet]. to a 5 8 Inch capped iron rod set and storrrped "7NP'°, same co�uitMtar oA�: ,uNe oz, sos+ � / beirrG� i�o� r�t�rthw+��t corner of soid 3.02 ocre troct, and the westerly southwest corner of said THISTRACfISSU&IECTTOTHEFOLLOWINOBLAWKETEASEMENTS: tNO�.k�;t� 1,.PiJ.w`k, K,7!'S4'� i�'If'kCj If7 th6 east fine of Geesllnq Road� tOq. Eaaanent exeaited dy £:.t: <,,�:F'.�.JNI� s�n+3 wtfo. AIYRTLE cEesuNC ot al to tawe srart �a�� a,raa�^r rir�d uay e, tas7, 7HENCE North Ot'56°46" East. [N 00'd0'11" W] along the common {Ine of soid Walker tract recordod tn Vdume 42e, t�aq� :��s�.�, t�o�� t�e�r�rde oi oentoa and the east Ilne of said Gees{ing Road, a d�stance of 460.75 feet [459.04 feet], to the County, Texae Qocation an� ��+��M, �r,a�t,�,�). POINT OF BEGINNING and contoinfng 10.372 acres of Iand more or less. TtiE F6LLOWINa SCHEbULE B REMS DO NOT AFFEC7 THI9 7RAC7: tOh. Eaeemm4 execvted by AIRS. J.T. BOT70RFF et d to LOFFE STAR GAS COAIPANY flfed May 27, 1918. rocordod In Volume 148, Pago 412. 6 Racorde of Daatan Gounty, Toxao. 101. Eaa�nent exouatod by �M NG 4o LqJE 57AR GAS COAIPANY flf� �Aane 8. 1823, r eJ In Vdume 187. Papo 828. Deed R de of Da�t«9 Caunty, Texae. 10� Eoaoment executed by 5!M GEESLING to lEXAS POV�R & f1GH7 C6MPANY filad December 5. 7924, racordod In Vdume 196, Poge 75, Doed Racorda of Denton County, Texoe. 1�. Eaawnont ezawted by CHARLfS N AN to 5 Po � UGFIT PANY tiled Dxesnber 23. SB24. ded in Vdume 19e, Popo 80, Deed Recorda of Omalan Camty, Texae. t01. Evaanont ex�uted by EE. NG to L�JE STAR QA5 COMPANY fi1� �ne 12, 1828, roc�ded In Vdume 265. Page 447, 6 Rxorde oi Dastat County, Texoe. 1a,. Eaa�,«,t ��ut�a by O.V. RU5 et � to S P6 & LlGti7 C�PANY Flled AprA 17, 19J7. reca°ded fn Vdumo 2g3, Paqe 215. D Recwde oi Daiton County, Texaa. �.- � �•... rr .�-.• • ..., � . .- � : "• �.� . ■�� e. . .... � #' ! � 1.) Baarinpe ot linae ehwm heraon rafer dq tir-Rsf �Vrrrtl4 ��f tYuu Y�.�a Coordinete 6yator ot 7 (North Cantr(tl Zona� &5(CpN ) Epech 2002.00) ee darivo3 7..��p.lky fra� kuatau`� �ete 9yetsra Continuouniy Oparatinp Refarence 9tdtlone (CORS} vie Penl Tine Kineeetic {i1TKg msth,d��. +^�+ t�v��y�s� Conbination Fector of Q.888B53388 was uead to acala aarfece diatancaa to prid. All diatr�rucm� nsry�ir fumr��ss r�ap�r�s��.r�t prid veiues. 2.) The utLlitiea ahown on thie eurvey ero based upon the availeble infarnatian and rfielC Socate9^ of visible ebove pround narkinpa provided by TNP SUE DEPT. 7NP relied solaly on the cooperation of the vsriaus utility conpanioe and eny inTornation thay nade evsila6le. Undorpround tecilitiee heve not 6een tieltl veriTiad. There nay ba fldtlit10ne1 utilitisa that TNP hfla not treen etlVieotl ot. 3.) See aheet 2 ot 2 tor eurvey plet. 4.) Thie eurvey waa prepered with benefit ot thet oertein Title C Stnent �F N6. 185807, eifective date of May 1B, 2044, provided by Titie Reeaurcea �uaranty Gaopeny. For esaerente, rtphts•ot-we.y entlfor ather eettere of recard that +oey eifsat thia tract, the aurveyor reiled aolely on aaid 71t1e Cosnitaent. ;iJF��Yti}";'� CERTfFICATE too. Eaa«nont oxeaatod by C,u. V�S7 and wlto, FARS. FAILDRED To: John Powell Walker et al, Title Resources Guaranty Company and the Cfty of Dentan; Texas: T to 7IXA5 PONER & LIGHT C�IPANY fllod iAordi 23. 1950, r ded in vdumo 3ss, Paye sae, a Recorde ot Denton �� B. Turner, 6�� 1Mtcr�€� Professional Land 5urve or, State of Texas. do hereby certify that Camty, Toxao. � $' % tOp. Eoaement eKecuted by MARY GEESUNG et at to TEXAS ��3s 5t7e"v�"��+ SUbstatt�iC�1�y complies Wlth the current TeXOS SOCiety Of Professional Surveyors PUWER & LIGFIT COfAPANY flled June 22, 1956, rocaded in Stallt�C�P: � �fid ��ypy[7ti,i� C.€3S.ft?R�,�', C! Category 1A, Condition I� SUI'V9y Volume 422, Poge 419, Dead Recwde ot Denton County, Tsxos. °�f . i,�� `� `'��'' � "� ��F �``�--. tOr. Eaaement executed by E.E GEE3lfNG and wffe, MYf2TtF , N ' ' '�i.,,.••«. ,ys BE 984, rccord�edStnpVd�um Sf3Page62B, Deed Re ordeembx �� Y.� �.'�"''"°��NA ,�� G15T��!O y'y'' Dontan CountY, Texae. `` - i�7a �"° '. Ja 10e. Eae�rswrt ox�uted b JAVAES H, RUSSELL, .R.. 1RU to Todd B. �i�Yncre, hf�l S Ww,f „ 5 P6 & LIqiT C�PANY �ed March 21. 1980, r�wdod firm Reg3�lrc��Fal� tJUrr�3��zr i00116d1 TODD B TURNER Pn Yolume 7�7. Pago 069. deed Rxwda of D�ct� Ca,nty. Original „�`rura�� 1,�1r$�: F�rif�ruaPy 27, 2013 .,�...... .. _.. rexae. Revla{on C7�t�: J�znb 5��, 'l' d14 — Updote Survey �,.� 4859 �� :4 Yi to� eaaement owardad to cosQtv cAS, LTO.. by Judgement and Address 5chedule B items �'� o undaa Cauee No. W-2000-60334, In the Prabals Court of �..�A ;f' �� 4, ,�;j�� Denton County, Texae. EXI71Ult ��e�� i0 �"�t� �S�U��f C- ... _,.+�.. � �:�::� . . teague nall & perkins � �� h� °�,� .`��,�$ 1617 Gmn Plou DAw, SuIN 340 '"�"",�;"�'u��`'� o.mon, r.xo. a6'os � �' �` ��: 940.383.4177 ph 940.383./026 R� W W W.Inpinc.com 1-•1 ,� Page 23 of 23 CoritraCt Of Sale *.. � � 1 � •' , � i � .�� I� �- , .. : � �* � •