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2015-150ORDINANCE NO. 2� 1 S-15O AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A CONTRACT OF SALE, ATTACHED AS EXHIBIT "A" AND MADE A PART HEREOF, BY AND BETWEEN DENTON 68 JOINT VENTURE, A TEXAS JO1NT VENTURE, AS OWNER, AND THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AS BUYER, REGARDING THE SALE AND PURCHASE OF THREE TRACTS IDENTIFIED AS: (1) A 6.458 ACRE TRACT, KNOWN AS LOT 57, BLOCK A, OF THE OAKS OF TOWNSHIP II, RECORDED IN CABINET E, PAGE 13, PLAT RECORDS, DENTON COUNTY, TEXAS, (2) A 0.361 ACRE TRACT, MORE OR LESS, OUT OF THE R. H. HOPKINS SURVEY, ABSTRACT NO. 1694, AND BEING PART OF TOWNSHIP II, PHASE 2, AND RECORDED IN VOLUME 11, PAGE 14, PLAT RECORDS, DENTON COUNTY, TEXAS, AND (3) A 3.384 ACRE TRACT, KNOWN AS LOT 44, BLOCK A OF THE WOODLANDS OF TOWNSHIP II, RECORDED IN CABINET E, SLIDE 16, PLAT RECORDS, DENTON COUNTY, TEXAS, ALL BE1NG ADDITIONS TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, LOCATED GENERALLY IN AND AROUND THE TOWNSHIP II AREA SOUTH AND WEST OF COLORADO BLVD., SOUTH OF FOXHOLLOW, NORTH AND EAST OF ANGELINA BEND DR. AND WEST OF VALLEY CREEK RD., IN THE CITY OF DENTON, DENTON COLTNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED 1N THE CONTRACT OF SALE, ("PROPERTY INTERESTS"), FOR THE PURCHASE PRICE OF FIFTY FOUR THOUSAND SIX HUNDRED AND NO/DOLLARS AND NO CENTS ($54,600.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE CONTRACT OF SALE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized (a) to execute on behalf of the City (i) the Contract of Sale, between the City and Owner, in the form attached as Exhibit "A" and made a part hereof, with a purchase price of $54,600.00; and (ii) any other documents necessary for closing the transactions contemplated by the Contract of Sale; and (b) to make expenditures in accordance with the terms of the Contract of Sale. SECTION 2. 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 Couricil declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. i 1� PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY 0 ���� ,�,�., � � .� �- .��w �� �� , _ ....�.. � � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �.,,w �,�.� BY� ..�w Page 2 S:\Water Engineering\Engr\Real Estate\Projects\ROW Shared\Projects\Township II Greenbelt\Township II Tracts 1,2,4-Contract of Sale.doc STATE OF TEXAS § COUNTY OF DENTON § CONTRACT OF SALE NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. This Contract of Sale (the "Contract") is made this � day of � , 2015, effective as of the date of execution hereof by Buyer, as defined her�:i (the "Effective Date"), by and between DENTON 68 JOINT VENTURE (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"). RECITALS WHEREAS, Seller owns those certain tracts of land being more particularly described on Exhibit "A", attached hereto and made a part hereof for all purposes, being located in Denton County, Texas (the "Land"); and WHEREAS, Seller desires to sell to Buyer, 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"). ARTICLE I SALE OF PROPERTY For the consideration hereinafter set forth, and upon the terms, conditions and provisions herein contained, Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, the Property. ARTICLE II PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Property is the sum of Fifty Four Thousand Six Hundred and No/100 Dollars ($54,600.00) (the "Purchase Price"). 2.02 2.03 3.01 Earnest Money. Intentionally deleted. Independent Contract Consideration. Intentionally deleted. ARTICLE III TITLE AND SURVEY Title Commitment. Intentionally deleted. 3.02 Survey. Intentionally deleted. 3.03 Review of Title Commitment, Survey Intentionally deleted. and Exception Documents. 3.04 Seller's Obligation to Cure; Buyer's Right to Terminate. Intentionally deleted. 3.05 Title Policy. Intentionally deleted. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending forty five (45) calendar days thereafter (the "Absolute Review Period"), based on such appraisals, tests, examinations, studies, investigations and inspections of the Property the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at Buyer's sole cost, that Buyer finds the Property suitable for Buyer's purposes. 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 IV, Section 4.01, Buyer will provide to Seller, if requested by 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. ARTICLE V REPRESENTATIONS, WARRANTIES, COVENANTS AND AGREEMENTS 5.01 Representations and Warranties of Seller. To induce Buyer to enter into this Contract and consummate the sale and purchase of the Property in accordance with the terms and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is made to another date, that: (a) The descriptive information concerning the Property set forth in this Contract is complete, accurate, true and correct. (b) There are no adverse or 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, except those described in the Leases, as defined in Article V, Section 5.02(a). � (c) The Seller has good and marketable fee simple title to the Property, subject only to the Permitted Exceptions. (d) 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. (e) The Seller has not received notice of, and has no other knowledge or information of, any pending or threatened judicial or administrative action, or any action pending or threatened by adjacent landowners or other persons against or affecting the Property, except the following: Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $480.00, filed May 1, 1989, recorded in Volume 2569, Page 671, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $125.00, iiled September 29, 1994, recorded under CC# 94-R0074851, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $515.00, filed April 14, 2001, recorded under CC# 2001-84050, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $310.00, filed November 20 2001, recorded in Volume 4968, Page 1870, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $110.00, filed September 1, 2004, recorded under CC 2004-116798, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $110.00, filed January 4, 2005, recorded under CC 2005-710, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $192.50, filed December 18, 2006, recorded under CC#2006-153396, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $370.25, filed October 9, 2007, recorded under CC#2007-119279, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $240.00, filed January 11, 2008, recorded under CC# 2008-3686, Real Property Records of Denton County, Texas. Notice of Lien in favor of CITY OF DENTON, TEXAS, in the original sum of $355.00, filed February 21, 2014, recorded under CC 2013-21060, Real Property Records of Denton County, Texas. Code Violation issued by CITY OF DENTON, TEXAS, delinquent as of 2/17/2008, in the original sum of $145.00 (f� The Seller has paid all real estate and personal property taxes, assessments, excises, and levies that are presently due, if any, which are against or are related to the Property, or will be due as of the Closing, and the Property will be subject to no such liens, with the express exception of: None (g) 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. (h) All Leases, as defined in Article V, Section 5.02(a), shall have expired or otherwise terminated and any and all tenants or parties occupying the Property pursuant to the Leases shall have permanently abandoned and vacated the Property, including without limitation, all personal property of any such tenants or parties, on or before the date of Closing. (i) The Seller is not a"foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986, as amended. 5.02 Covenants and Agreements of Seller. Seller covenants and agrees with Buyer as follows: (a) 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 4 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 litigation, arbitration, or administrative hearing, or claims related thereto, 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. (c) Seller shall indemnify and hold Buyer harmless, to the extent permitted by law, from all loss, liability, and expense, including, without limitation, reasonable attorneys' fees, arising or incurred as a result of 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. (d) On or before Closing, Seller shall remove (i) any waste material or debris that are located upon, or may accumulate or otherwise be placed on the Property (the "Waste Material"), from the Property and dispose of same in accordance with all applicable statutes, regulations, rules, orders and ordinances; and (ii) all personal property from the Property. It is expressly stipulated that (i) the Waste Material shall be deemed at all times the property of Seller; and (ii) Buyer may retain, destroy, or dispose of any property, of any kind or type, left or remaining on the Property at Closing (the "Abandoned Property"), without liability of any kind to Buyer and without payment of consideration of any kind to Seller. In the event Buyer shall elect to store said Abandoned Property, Buyer may store such Abandoned Property in the name, and at the expense, of Buyer. 5.02.A. Warranty of Buyer; 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 specifically represented and warranted by Seller in this Contract, 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 1N, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, AND/OR MERCHANTABILITY OR FITNESS FOR PURPOSE OF 5 ANY OF THE PROPERTY. 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. 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. THE CONVEYANCE OF THE PROPERTY SHALL BE ON A"WHERE IS", "AS IS", AND "WITH ALL FAULTS" BASIS, AND SHALL BE WITHOUT REPRESENTATION OR WARRANTY, EXPRESSED, STATUTORY OR IMPLIED, AS TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED 1N, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY, OR FITNESS FOR PURPOSE OR MERCHANTABILITY. 5.03 Survival Beyond Closing. Notwithstanding anything to the contrary contained in this Contract, the representations, warranties, covenants and agreements of Seller and Buyer contained in this Contract shall survive the Closing, and shall not, in any circumstance, be merged with the Special Warranty Deed, as described in Article VII, Section 7.02(a). ARTICLE VI CONDITIONS PRECEDENT TO PERFORMANCE 6.01 Performance of Seller's Obligations. Buyer is not obligated to perform under this Contract unless, within the designated time periods, all of the following shall have occurred: (a) 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 (b) Intentionally deleted. 6.02 Breach of Seller's Representations, Warranties, Covenants and Agreements. Buyer is not obligated to perform under this Contract unless all representations, warranties, 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. 6.03 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 6 initiated by an entity other than Buyer, or the Property, or any part thereof, has been materially or adversely impaired in any manner. 6.04 Review Period. Buyer is not obligated to perform under this Contract if Buyer delivers notice to Seller pursuant to Article IV, Section 4.01 that Buyer has determined that the Property is unsuitable to or for Buyer's purposes. 6.05 Buyer's Right to Waive Conditions Precedent. 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 the waived condition precedent. 6.06 Buyer's Termination if Conditions Precedent Not Satisfed or Waived. If any of the conditions precedent to the performance of Buyer's obligations under this Contract have not been satisiied by Seller or waived by the Buyer, the Buyer may, by giving written notice to Seller, terminate this Contract. ARTICLE VII CLOSING 7.01 Date and Place of Closing. The Closing (herein so called) shall take place in the offices of Buyer and shall be accomplished through an exchange of purchase money and documents as provided in Article VII, 702(a) (b). The Closing Date (herein sometimes called), shall be eighty (80) calendar days after the Effective Date, unless otherwise mutually agreed upon by Buyer and Seller. 7.02 Items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer, at the expense of the party designated herein, the following items: The Special Warranty Deed, substantially in the form as attached hereto as Exhibit "B", subject only to the Permitted Exceptions, if any, duly executed by Seller and acknowledged; Evidence of payment and release of those Notice(s) of Lien(s) in favor of CITY OF DENTON, TEXAS recordings as described in Section 5.01(e) hereinabove; (b) Buyer• At the Closing, Buyer shall deliver to Seller the following: The sum required by Article II, Section 2.01, in the form of a check or cashier's check or other immediately available funds; 7.03 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article VII, Section 7.03 shall survive the Closing. The following item shall be adjusted or prorated between Seller and Taxing Authority 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 and submitted by Seller to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Property Tax Code Section 26.11. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Property for the preceding calendar year. 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. 7.04 Possession at Closing. Possession of the Property shall be delivered to Buyer at Closing. 7.05 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 identified herein as being the responsibility of Seller. Buyer is responsible for paying all other fees, costs and expenses related to Closing. ARTICLE VIII DEFAULTS AND REMEDIES 8.01 Seller's Defaults and Buyer's Remedies. (a) Seller's Defaults. Seller is in default under this Contract on 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, 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 VII, Section 7.02(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. 8 (b) Buyer's Remedies. If Seller is in default under this Contract, Buyer as Buyer's 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, (ii) Enforce specific performance of this Contract against Seller, requiring Seller to convey the Property to Buyer subject to no liens or encumbrances; and (iii) Seek other recourse or relief as may be available to Buyer at or by law, equity, contract or otherwise. 8.02 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 VII, Section 7.02(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 remedy for the default, may, at Seller's sole option, do either one of the following: (i) (ii) Terminate this Contract by written notice delivered to Buyer; or Enforce specific performance of this Contract against Buyer. ARTICLE IX MISCELLANEOUS 9.01 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 and received, 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: Denton 68 Joint Venture Attn: Terrell Reagan 3660 Courtdale Drive Dallas, TX 75234 BUYER: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 9 Copies to: For Seller: _, �.�.�„ w�+'�,-�__ `..������� ��� ... � � °� � P � �. �.� ._ ............. ... :�� � �,� .�� �� � � � �'� � �..� �.� �� TelecopY ��'�:�� � ,�—���"� "�.'������� For Buyer: Larry Collister Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 9.02 Governing Law and Venue. This Contract is being executed and delivered and is intended to be performed in the State of Texas, the laws of Texas governing the validity, construction, enforcement and interpretation of this Contract. THIS CONTRACT IS PERFORMABLE 1N, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO, SHALL LIE 1N DENTON COUNTY, TEXAS. 9.03 Entirety and Amendments. This Contract embodies the entire agreement between the parties and supersedes all prior agreements and understandings, if any, related to the Property, and may be amended or supplemented only in writing executed by the party against whom enforcement is sought. 9.04 Parties Bound. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective devisees, heirs, 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. 9.05 Risk of Loss. If any damage 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; or (b) Consummate this Contract, in which case Buyer, with respect to the Property, shall be entitled to receive (i) in the case of damage, all insurance proceeds, if any; and (ii) in the case of eminent domain, all proceeds paid for the Property related to the eminent domain proceedings. Buyer shall have 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 to the Property, in which to make Buyer's election. In the event Buyer elects to close prior to such final settlement, then the Closing shall take place as provided in Article VII, above, and there shall be assigned by Seller to Buyer at Closing, in form and substance satisfactory to Buyer, all interests of lo 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 five (5) business days after such final settlement. 9.06 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 transactions contemplated hereby. Notwithstanding anything to the contrary contained in this Contract and without limiting the general application of the provisions of Section 5.03, above, the provisions of this Article IX, Section 9.06 shall survive Closing. 9.07 Time is of the Essence. It is expressly agreed between Buyer and Seller that time is of the essence with respect to this Contract. 9.08 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. 9.09 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 Ross Chadwick, Fire Chief of Buyer, or his designee. 9.10 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. 9.11 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. �F.i.T.F.R � Venturer � � �?xc���.��C��[ ���� ��11���° ��M� t:f���� � �.:� .�. c�:�� r��� ..... .. .._��.��..��..��� • _____ 2015. 11 BUYER: ...�, .. . ,��� �� �� � . � `� �" � � � '� B t�� ����GE C CAMPBI= I�. .. ,�� .. y � � �r}� MANAGER Executed b Bu er on the '�µ"�� Y Y �_�_ day of _-������� : ..... .......2015. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. � � ��� _�' � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY; . �. 12 EXHIBIT "A" Contract of Sale Legal Description Parcel l BEING LOT 57, BLOCK A, of THE OAKS OF TOWNSHIP II, to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet E, Page 13, Plat Records of Denton County, Texas. Together with Certificate of Correction filed April 24, 1985, recorded in Volume 1619, Page 587, and filed August 19, 1974, recorded in Volume 1652, Page 130, Real Property Records of Denton County, Texas and being further described as follows: Beginning for the most southerly northwest corner of this tract at an iron pin found in the east right-of-way of Angelina Bend Drive, the southwest corner of Lot 21, Block E of Township II, Phase I, recorded in Volume 9, Page 38, Plat Records, Denton Cour�ty, Texas; . Thence South 87 degrees 52 minutes 18 seconds East with south line of said Lot 21 a distance of 30.59 feet to an iron pin, found, for an inner ell corner of this tract; Thence North 02 degrees 09 minutes 15 seconds East with the east line of said Township II Phase I, a distance of 641.19 feet to an iron pin, found, the northeast corner of Lot 14, and the Southeast corner of Lot 13, said Township II Phase I for an angle point of this tract; Thence North 09 degrees Ol minutes 10 seconds West with the east line of said Lot 13, a distance of 164.35 feet to an iron pin, found, the northeast corner of said Lot 13, same being the most southerly southeast corner of Lot 44, Block A of the Woodlands of Township II, an addition to the City of Denton as shown by plat recorded in Cabinet E, Slide 16, Plat Records of Denton County, Texas; Thence North 26 degrees 28 minutes 44 seconds East with the common line between said Lot 57 and said Lot 44 a distance of 139.20 feet to an iron pin for an angle corner of this tract; Thence North 08 degrees 59 minutes 15 seconds East a distance of 100.86 feet to an iron 13 pin for an angle corner of this tract; Thence North 00 degrees 47 minutes 21 seconds West a distance of 326.87 feet to an iron pin in the south right-of-way of Colorado Boulevard for the Northwest corner of the herein described tract; Thence Southeasterly with said right-of-way and a curve to the left having a radius of 592.49 feet (Chord bearing South 55 degrees 18 minutes 37 seconds East 151.95 feet) a distance of 152.37 feet to the end of said curve; Thence South 62 degrees 40 minutes 39 seconds East with the south right-of-way line of Colorado Boulevard a distance of 339.48 feet to an iron pin at the southwest corner of the intersection of Colorado Boulevard and Valley Creek Road; Thence with the west line of said Valley Creek Road, South 27 degrees 19 minutes 21 seconds West a distance of 80.00 feet to the northeast corner of Lot 1, Block A of said Oaks; Thence with the following (5) calls: North 62 degrees 40 minutes 39 seconds West 120.00 feet to the northwest corner of Lot 1; South 27 degrees 19 minutes 21 seconds West 251.19 feet; South 15 degrees 00 minutes 49 seconds West 388.66 feet; South 32 degrees 11 minutes 20 seconds East 36.80 feet; South 74 degrees 59 minutes 11 seconds East 103.00 feet to the southeast corner of Lot 8 Block A, in the west line of Valley Creek Road; Thence South 15 degrees 00 minutes 49 seconds West with the west line of Valley Creek Road a distance of 50.00 feet to the northeast corner of Lot 9, Block A; Thence with the following (5) calls; North 74 degrees 59 minutes 11 seconds West 105.00 feet to the northwest corner of Lot 9; South 32 degrees 50 minutes 21 seconds West 81.67 feet; South 15 degrees 00 minutes 49 seconds West 71.92 feet; South OS degrees 46 minutes 36 seconds West 342.69 feet; South 02 degrees 23 minutes 04 seconds East 236.74 feet to an iron pin in the north right- of-way of San Gabriel Drive for an inner ell corner of this tract and the beginning of a 14 curve to the right having a radius of 796.95 feet (chord bearing North 87 degrees O1 minutes 29 seconds West, 118.88 feet); Thence northwesterly with said right-of-way and said curve a distance of 118.89 feet to an iron pin, for the end of said curve; Thence northwesterly with said right-of-way and a curve having a radius of 1076.82 feet (Chord bearing North 79 degrees 14 minutes 50 seconds West 133.22 feet) a distance of 133.31 feet to an iron pin found in the east right-of-way of said Angelina Bend Drive, for the most westerly southwest corner of this tract; Thence North 17 degrees 37 minutes 33 seconds East with said east right-of-way a distance of 89.69 feet to an iron pin for the beginning of a curve to the left having a radius of 820.49 feet (Chord bearing North 10 degrees 46 minutes 42 seconds East, 190.98 feet); Thence northeasterly with said right-of-way and said curve a distance of 191.39 feet to Point of Beginning and containing 6.458 acres of land. Parcel 2 All that certain tract or parcel of land situated in the R.H. HOPKINS, Survey, Abstract No. 1694, City and County of Denton, Texas, and being part of Township II, Phase 2 and recorded in Volume 11, Page 14, Plat Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the southwest corner of Lot 56, Block A, of the OAKS OF TOWNSHIP II, as recorded in Cabinet E, Page 13, Plat Records; THENCE north O1 ° 34' OS" west with the west line of said Lot 56 a distance of 130.0 feet to a corner at the POINT OF BEGINNING; THENCE northwesterly with a curve to the right which has a central angle of 08° 32' OS" a radius of 856.95 feet to an arc distance of 127.65 feet to a corner at a point of curve on curve; THENCE northwesterly with a curve to the right which has a central angle of 07° 37' 02" a radius of 1086.82 feet and an arc distance of 144.487 feet to a corner; 15 THENCE north 17° 37' S3" east a distance of 60.09 feet to a corner; THENCE southeasterly with a curve to left which has a central angle of 07° 26' 20" a radius of 1026.82 feet and an arc distance of 133.315 feet to a point of curve on curve; THENCE southeasterly with a curve to the left which has a central angle of 08° 33' 17" a radius of 796.95 feet and an arc distance of 118.99 feet to a corner on the west line of said Lot 56; THENCE south O1 ° 18' 07" west with the west line of said Lot 56 a distance of 60.0 feet to the Point of Beginning and containing in a110.361 acres of land Parcel3 All that certain tract or parcel of land in the Mary Austin Survey, Abstract No. 4, and the R. H. Hopkins Survey, Abstract No. 1694, Denton County, Texas, being all of Lot 44, Block A of the Woodlands of Township II, an addition to the City of Denton, as shown by plat recorded in Cabinet E, Slide 16, Plat Records, Denton County, Texas and being further described as follows: Commencing at a found iron pin the north right-of-way line of Piping Rock Lane, the southeast corner of Lot 15, Block E, Hopkins Hills Addition, re-plat, recorded in Cabinet A, Page 113, Plat Records, Denton County, Texas; Thence South 88 degrees 48 minutes 33 seconds East with the north right-of-way line of Piping Rock Lane a distance of 215.19 feet to a found iron pin at the northeast corner of the intersection of Piping Rock Lane and San Gabriel Drive; Thence South O1 degrees 32 minutes 04 seconds West with the east right-of-way line of San Gabriel Drive a distance of 50.0 feet to a found iron pin at the northwest corner of Lot 1, Block E, Township II Phase I as shown by plat recorded in Volume 9, Page 38, Plat Records, Denton County, Texas; same point being the Point of Beginning of the herein described tract; Thence North O1 degrees 32 minutes 04 East with the west line of said Lot 44, a distance of 166.52 feet to a found iron pin for the northwest corner of said Lot 44; Thence South 88 degrees 29 minutes 18 seconds East with a north line of said Lot 44, a 16 distance of 509.58 feet to the southwest corner of Lot 39, Block A of said Woodlands; Thence North 84 degrees 41 minutes 03 seconds East with a north line of said Lot 44 and the south line of said Lot 39 a distance of 80.57 feet to a found iron pin for the southeast corner of said Lot 39; Thence South 88 degrees 50 minutes 26 seconds East with a north line of said Lot 44 a distance of 552.80 feet to a found iron pin for the northeast corner of said Lot 44, same being the southeast corner of Lot 43, Block A of said Woodlands, same also being a common corner with Lot 57, Block A, the Oaks of Township II, as shown by plat recorded in Cabinet E, Slide 13, Plat Records, Denton County, Texas; Thence South 26 degrees 28 minutes 44 seconds West with the common line between said Lot 44 and Said Lot 57 a distance of 139.20 feet to a found iron pin for the most easterly southeast corner of said lot 44; Thence with the south line of Lot 44 and the north line of said Township II Phase I the following (6) calls; North 71 degrees 26 minutes 44 seconds West 67.90 feet to a found iron pin; North 83 degrees 33 minutes 43 seconds West 234.26 feet to a found iron pin; South 77 degrees 26 minutes 55 seconds West 239.99 feet to a found iron pin; South 80 degrees 30 minutes 12 seconds West 74.82 feet to a found iron pin; South 84 degrees 18 minutes 19 seconds West 145.88 feet to a found iron pin; North 88 degrees 54 minutes 13 seconds West 334.40 feet to the Point of Beginning and containing 3.384 acres of land. 17 S:\Vdai�r F;ng�ne�rin�;\F;ngr\Ig�°al �?staie\I'rojects\IdC)Vd Shared\Prcrjects\T"ownship II Cireersbult\TFt�1C;T'S 1,2,4 � C�QSt1,2,4 �lase\ i�VI).ctose.docx � , � � 1 . � �, . � ., . 1'7' � � � �; . . � ' �! '' � �' � � � � �' , � •� , ,, , �, , , , , , ,.�� . ; �. ,� �• . �. � � � . �. � � . ,; . � ; . �' ! ' '1' ' : ' ► �' � ► !] � 7'�1►Y IC�l►1 ' ' ' � : : : :�►`Y'11'/ 17'�I �I l: � � � . ; �. That DENTON 68 JOINT VENTURE (referred to herein as "Seller"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas Home Rnle Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and iixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Exceptions to conveyance and warranty: This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of Denton County, Texas. Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. Grantee represents and warrants to Grantor that it has made an independent inspection and evaluation of the Property and acknawledges that Grantor has made no statements or representatians concerning the present ar future value of the Property, or the condition, including the enviranmental candition, of the Property. Except as atherwise specifically represented and warranted by Grantor herein and in that certain Contract of Sale, dated May 12, 2015, by and between Grantor and Grantee, GRANT'OR 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 OR FITNESS FOR PURPOSE OF ANY OF THE PROPERTY. Grantee 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. Grantor makes no warranty or representation as to the accuracy, campleteness or usefulness of any information furnished to Grantee, if any, whether furnished by Grantor or any third party. Grantor assumes no liability for the accuracy, completeness or usefulness of any material furnished by Grantor, if any, and/or any other person or party. Reliance an any material so furnished is expressly disclaimed by Grantee, and shall not give rise to any cause, claim or action against Grantor. THE CONVEYANCE OF THE PROPERTY IS ON A 66 VV L11i1tLi IS999 66 p� 1�+999 �y �J A1VL 66 VV 11 L7 i1LL �l'1VL 1 �799 DL'i�ll7y i1VL A7S1iLL Dli VV 1117o V 1 ItGr R 1',S�1V 1!'i 11o1V odt VY L'idtl�t'11V 1 1 y l.idlr RI'.�7S1iLy 13 1 L11 V 1 oR 1 odt 11V1rLll.il./y AS TO THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTY AND/OR MATERIALS CONTAINED OR LOCATED 1N, ON OR UNDER THE PROPERTY, THE NATURE OF THE PAST OR HISTORIC USE OF THE PROPERTY, THE QUALITY, QUANTITY AND VALUE OF THE PROPERTY, OR FITNESS FOR PURPOSE OR MERCHANTABILITY. TO HAVE AND TO HOLD the Praperty, tagether with all and singular the rights 2 � . �. .;1! - .� ... • •". � .� ' �' ��;. � ♦. ,. � ;'.;' ..:� . � , .� -..... ..... + �: � • 1 �,, �,. � � � '�. ' R ! 1 t�. � ��,... 1 1�. � # f, ��,..,. : a 1 � � � � , , , r � � � . � � . , ' . r + � _ � � :� 1��.; �'... .t: f' 11 � �11 �� * #;� � �,�1 1"' • 1"� ! � !. `• il° � j ��'�. 1,;�� �;. �. ! e , � ! EXECUTED the 2.10� `'` daY cu� �/�, � ayv, 2015 DENTON 68 JOINT ��� ;���� ,� , ..�.,,.�. � ��� � � °� y: �"�����1 ea .=�"�.„ � m�w. �--_.�.�.,..�.�, Joint Ven er �' w � �� THE STATE OF �Te. x � S § � � as�� ��,� � J���p� � ��yz� . �.y M�.,.x.a w,kr �Y ��` � C���"�P�ti" P4���3� P� �� �� S�"�4� �� � S �, COUNTY OF Du11 N���"�"''�:µ"'d� �COMM.IXP 1/28/17 ���. �.� § � ; _,���� � This instrument was acknowledged befoxe me on ��� ���� �� , 2015 by Terrell Reaga�, 3oint Venturer of Denton 68 Joint Ventuxe, a"�'��,���, Joint Venture� � � , ! ' . w, �• � �• � . �-� � r ' i � '1 - I�-� � ..1. �; �i��s���` �'��i°a�i�„ ���.�i� t��wo�"�� � �°��w.��a����������� �������. ���� �..;�°� ' �i- : r s R-� � ,� ' �-�. i- � . 1 Exhibit "A" To Special Warranty Deed Legal Description Parcel 1 BEING LOT 57, BLOCK A, of THE OAKS OF TOWNSHIP II, to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet E, Page 13, Plat Records of Denton County, Texas. Together with Certificate of Correction filed April 24, 1985, recorded in Volume 1619, Page 587, and filed August 19, 1974, recorded in Volume 1652, Page 130, Real Property Records of Denton County, Texas and being further described as follows: Beginning for the most southerly northwest corner of this tract at an iron pin found in the east right-of-way of Angelina Bend Drive, the southwest corner of Lot 21, Block E of Township II, Phase I, recorded in Volume 9, Page 38, Plat Records, Denton County, Texas; Thence South 87 degrees 52 minutes 18 seconds East with south line of said Lot 21 a distance of 30.59 feet to an iron pin, found, for an inner ell corner of this tract; Thence North 02 degrees 09 minutes 15 seconds East with the east line of said Township II Phase I, a distance of 641.19 feet to an iron pin, found, the northeast corner of Lot 14, and the Southeast corner of Lot 13, said Township II Phase I for an angle point of this tract; Thence North 09 degrees O1 minutes 10 seconds West with the east line of said Lot 13, a distance of 164.35 feet to an iron pin, found, the northeast corner of said Lot 13, same being the most southerly southeast corner of Lot 44, Block A of the Woodlands of Township II, an addition to the City of Denton as shown by plat recorded in Cabinet E, Slide 16, Plat Records of Denton County, Texas; Thence North 26 degrees 28 minutes 44 seconds East with the common line between said Lot 57 and said Lot 44 a distance of 139.20 feet to an iron pin for an angle corner of this tract; Thence North 08 degrees 59 minutes 15 seconds East a distance of 100.86 feet to an iron 4 pin for an angle corner of this tract; Thence North 00 degrees 47 minutes 21 seconds West a distance of 326.87 feet to an iron pin in the south right-of-way of Colorado Boulevard for the Northwest corner of the herein described tract; Thence Southeasterly with said right-of-way and a curve to the left having a radius of 592.49 feet (Chord bearing South 55 degrees 18 minutes 37 seconds East 151.95 feet) a distance of 152.37 feet to the end of said curve; Thence Sauth 62 degrees 40 minutes 39 seconds East with the south right-of-way line af Colorado Boulevard a distance of 339.48 feet to an iron pin at the southwest corner of the intersection of Colorado Boulevard and Valley Creek Road; Thence with the west line of said Valley Creek Road, South 27 degrees 19 minutes 21 seconds West a distance of 80.00 feet to the northeast corner of Lot 1, Black A of said Oaks; Thence with the following (5) calls: North 62 degrees 40 minutes 39 seconds West 120.00 feet to the northwest corner of Lot 1; South 27 degrees 19 minutes 21 seconds West 251.19 feet; South 15 degrees 00 minutes 49 seconds West 388.66 feet; South 32 degrees 11 minutes 20 seconds East 36.80 feet; South 74 degrees 59 minutes 11 seconds East 103.00 feet to the southeast corner of Lot 8 Block A, in the west line of Valley Creek Road; Thence South 15 degrees 00 minutes 49 seconds West with the west line of Valley Creek Road a distance of 50.00 feet to the northeast corner of Lot 9, Block A; Thence with the follawing (5) calls; North 74 degrees 59 minutes 11 seconds West 105.00 feet to the northwest corner of Lot 9; South 32 degrees 50 minutes 21 seconds West 81.67 feet; South 15 degrees 00 minutes 49 seconds West 71.92 feet; South OS degrees 46 minutes 36 seconds West 342.69 feet; South 02 degrees 23 minutes 04 seconds East 236.74 feet to an iron pin in the north right- of-way of San Gabriel Drive for an inner ell corner of this tract and the beginning of a � curve to the right having a radius of 796.95 feet (chord bearing North 87 degrees O1 minutes 29 seconds West, 118.88 feet); Thence northwesterly with said right-of-way and said curve a distance of 118.89 feet to an iron pin, for the end of said curve; Thence northwesterly with said right-of-way and a curve having a radius of 1076.82 feet (Chord bearing North 79 degrees 14 minutes 50 seconds West 133.22 feet) a distance of 133.31 feet to an iron pin found in the east right-of-way of said Angelina Bend Drive, for the most westerly southwest corner of this tract; Thence North 17 degrees 37 minutes 33 seconds East with said east right-of-way a distance of 89.69 feet to an iron pin for the beginning of a curve to the left having a radius of 820.49 feet (Chord bearing North 10 degrees 46 minutes 42 seconds East, 190.98 feet); Thence northeasterly with said right-of-way and said curve a distance of 191.39 feet to Point of Beginning and containing 6.458 acres of land. Parcel2 All that certain tract or parcel of land situated in the RH. HOPKINS, Survey, Abstract No. 1694, City and County of Denton, Texas, and being part of Township II, Phase 2 and recorded in Volume 11, Page 14, Plat Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at the southwest corner of Lot 56, Block A, of the OAKS OF TOWNSHIP II, as recorded in Cabinet E, Page 13, Plat Records; THENCE north O1 ° 34' OS" west with the west line of said Lot 56 a distance of 130.0 feet to a corner at the POINT OF BEGINNING; THENCE northwesterly with a curve to the right which has a central angle of 08° 32' OS" a radius of 856.95 feet to an arc distance of 127.65 feet to a corner at a point of curve on curve; THENCE northwesterly with a curve to the right which has a central angle of 07° 37' 02" a radius of 1086.82 feet and an arc distance of 144.487 feet to a corner; 6 THENCE north 17° 37' S3" east a distance of 60.09 feet to a corner; THENCE southeasterly with a curve to left which has a central angle of 07° 26' 20" a radius of 1026.82 feet and an arc distance of 133.315 feet to a point of curve on curve; THENCE southeasterly with a curve to the left which has a central angle of 08° 33' 17" a radius of 796.95 feet and an arc distance of 118.99 feet to a corner on the west line of said Lot 56; THENCE south O1 ° 18' 07" west with the west line of said Lot 56 a distance of 60.0 feet to the Point of Beginning and containing in a110.361 acres of land Parcel3 All that certain tract or parcel of land in the Mary Austin Survey, Abstract No. 4, and the R H. Hopkins Survey, Abstract No. 1694, Denton County, Texas, being all of Lot 44, Block A of the Woodlands of Township II, an addition to the City of Denton, as shown by plat recorded in Cabinet E, Slide 16, Plat Records, Denton County, Texas and being further described as follows: Commencing at a found iron pin the north right-of-way line of Piping Rock Lane, the southeast corner of Lot 15, Block E, Hopkins Hills Addition, re-plat, recorded in Cabinet A, Page 113, Plat Records, Denton County, Texas; Thence South 88 degrees 48 minutes 33 seconds East with the north right-of-way line of Piping Rock Lane a distance of 215.19 feet to a found iron pin at the northeast corner of the intersection of Piping Rock Lane and San Gabriel Drive; Thence South O1 degrees 32 minutes 04 seconds West with the east right-of-way line of San Gabriel Drive a distance of 50.0 feet to a found iron pin at the northwest corner of Lot 1, Block E, Township II Phase I as shown by plat recorded in Volume 9, Page 38, Plat Records, Denton County, Texas; same point being the Point of Beginning of the herein described tract; Thence North O1 degrees 32 minutes 04 East with the west line of said Lot 44, a distance of 166.52 feet to a found iron pin for the northwest corner of said Lot 44; Thence South 88 degrees 29 minutes 18 seconds East with a north line of said Lot 44, a 7 distance of 509.58 feet to the southwest corner of Lot 39, Block A of said Woodlands; Thence North 84 degrees 41 minutes 03 seconds East with a north line of said Lot 44 and the south line of said Lot 39 a distance of 80.57 feet to a found iron pin for the southeast corner of said Lot 39; Thence South 88 degrees 50 minutes 26 seconds East with a north line of said Lot 44 a distance of 552.80 feet to a found iron pin for the northeast corner of said Lot 44, same being the southeast corner of Lot 43, Block A of said Woodlands, same also being a common corner with Lot 57, Block A, the Oaks of Township II, as shown by plat recorded in Cabinet E, Slide 13, Plat Records, Denton County, Texas; Thence South 26 degrees 28 minutes 44 seconds West with the common line between said Lot 44 and Said Lot 57 a distance of 139.20 feet to a found iron pin for the most easterly southeast corner of said lot 44; Thence with the south line of Lot 44 and the north line of said Township II Phase I the following (6) calls; North 71 degrees 26 minutes 44 seconds West 67.90 feet to a found iron pin; North 83 degrees 33 minutes 43 seconds West 234.26 feet to a found iron pin; South 77 degrees 26 minutes 55 seconds West 239.99 feet to a found iron pin; South 80 degrees 30 minutes 12 seconds West 74.82 feet to a found iron pin; South 84 degrees 18 minutes 19 seconds West 145.88 feet to a found iron pin; North 88 degrees 54 minutes 13 seconds West 334.40 feet to the Point of Beginning and containing 3.384 acres of land. 8 Denton County Juli Luke County Clerk Denton, TX 76202 70 201 5 00056760 Instrument Number: 2015-56760 Recorded On: May 27, 2015 Parties: DENTON 68 JOINT VENTURE To Comment: Warranty Deed Total Recording: 58.00 58.00 As Warranty Deed ( Parties listed above are for Clerks reference only ) "'" THIS IS NOT A BILL �"" Billable Pages: 9 Number of Pages: 9 ************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT ********'"'�** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 2015-56760 Receipt Number: 1293107 Recorded Date/Time: May 27, 2015 03:06:19P User / Station: J Baker - Cash Station 4 Record and Return To: TITLE RESOURCES WILL CALL DENTON TX 76202 ��� � u a� ����, ���.. � .w, ,��. �,�� � „, �'a �� � ��� � a� N� �� � �� ��� �;� �., aa�.��� *w.»��»:,�. THE STATE OF TEXAS } COUNTY OF DENTON } I hereby ceRlTy that thls Instrument was FILED In the Flla Number aequence on the date/tlme printed heron, and was duly RECORDED In the Offlclal Records of Denton County, Texae. Jull Luke County Clerk Denton County, Texas