2015-158s: \legal \our documents \ordinances \15 \dh -3 accepting non annexation agreements -ordinance amendment. doc
ORDINANCE NO. 2015 -158
AN ORDINANCE AMENDING ORDINANCE NO. 2015 -063 PROVIDING FOR
ACCEPTANCE OF ADDITIONAL ELIGIBLE NON - ANNEXATION AGREEMENTS FOR
AGRICULTURAL, WILDLIFE MANAGEMENT OR TIMBERLAND USE PROPERTIES
WITHIN AN AREA OF LAND ADJACENT TO AND ABUTTING THE EXISTING CITY
LIMITS OF THE CITY OF DENTON, TEXAS, GENERALLY IDENTIFIED AS DH -3 OF
APPROXIMATELY 421 ACRES LOCATED ON THE SOUTH SIDE OF SPRING SIDE
ROAD, NORTH, SOUTH AND WEST OF CORBIN ROAD, WEST OF I -35, AND MORE
SPECIFICALLY IDENTIFIED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2015 -063 was adopted by Council on March 3, 2015, which
ordinance accepted one (1) year extensions for eligible non - annexation agreements for
agricultural, wildlife management or timberland use properties within an area of land adjacent to
and abutting the existing city limits of the City of Denton, Texas, generally identified as DH -3;
and
WHEREAS, since the adoption of Ordinance No. 2015 -063, an additional property
eligible for a non - annexation agreement has been brought to the City's attention; and
WHEREAS, the owners of the additional property have executed a non - annexation
agreement; and
WHEREAS, the Denton City Council deems it to be in the best interests of the citizens of
the City of Denton to enter into such non - annexation agreement with the eligible property
owners; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The City Council hereby approves and accepts the attached properly
executed non - annexation agreement, which is labeled as Exhibit "A ".
SECTION 3. The City Council additionally amends Ordinance No. 2015 -063 to include
said non - annexation agreement as Exhibit "C -9 ".
SECTION 4. The City Manager is authorized and directed to sign the non - annexation
agreement contained within Exhibit "A ", for and on behalf of the City of Denton as a ministerial
act, but with an effective date of this Council's action on same. The City Manager shall further
arrange forthwith for the recordation of non - annexation agreement in the real property records of
Denton County, Texas.
sAlegal \our documents \ordinances \15 \dh -3 accepting non annexation agreements - ordinance amendment.doc
SECTION 5. All other provisions of Ordinance No. 2015 -063 not specifically amended
herein shall continue in force and effect; however, the provisions of this ordinance shall govern
and control over any conflicting provisions of Ordinance No. 2015 -063, to the extent of any such
conflict.
SECTION 6. This Ordinance shall take effect immediately on its passage and approval.
AND I"I" IS SO ORDERED.
Passed by the City Council reading � rte. clxly of _j �„ � 2015.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
ffim
AI'PI Pl'i- A` 'TO LEGAL FORM:
AN I' 'A BURGESS, CITY ATTORNEY
BY:
Page 2
A.TTS, MAYOR
EXHIBIT "A"
sAlegal \our documents \miscellaneous \14\naa extensions\dh•3 \1ynch, William & claudia 37037. 162919, 162917 non- annexation agreement
exlension.doe
CHAPTER 212 TEXAS LOCAL GOVERNMENT CODE
NON - ANNEXATION EXTENSION AGREEMENT
This Agreement is entered into pursuant to Sections 43.035 and 212.172 Tex. Local Gov't Code
by and between the City of Denton, Texas (the "City ") and William Clinton Lynch and wife,
Claudia P. Lynch ( "Owners "), the property owners of the hereinafter described property (the
"Property ") in Denton County, Texas, sometimes individually or collectively referred to as
"Party" or "Parties ":
Being 2.408 acres of land, more or less, situated in the Jeremiah Dalton Survey, Abstract
No. 353, Denton County, Texas, and being more fully described in that certain Warranty
Deed with Vendor's Lien dated June 30, 1987 from Kenneth Reese Morgan and Jennifer
Morgan a/k/a Jennifer Jopling to William Clinton Lynch and wife, Claudia P. Lynch,
filed for record on July 2, 1987 and recorded in Volume 2190, Page 507 of the Real
Property Records of Denton County, Texas. Said 2.408 acres of land, more or less, is
commonly known as DCAD Property ID 3 703 7; and
That property described in deeds to William Clinton Lynch and Claudia P. Lynch, which
are recorded at vol. 2190, page 507 and vol. 2981, page 771, of the Deed Records of
Denton County, Texas, and commonly known as Tax Parcel Nos. 162919 and 162917,
which are attached hereto as Exhibit A, consisting of approximately 6.51 acres of land.
RECITALS
WHEREAS, the City had previously given notice of its intent to institute annexation
proceedings in 2010 for an "Annexation Area" that includes the above - described Property, in
accordance with Tex. Loc. Gov't Code ch. 43; and
WHEREAS, the Property was previously determined to be subject to the provisions of
§43.035 of the Texas Local Government Code; and
WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City offered,
and Owners accepted, a non- annexation development agreement contemplated by that section
(hereinafter, the "2010 NAA "), in lieu of the City's annexation in 2010 of all land in the
Annexation Area not otherwise excluded by operation of that statutory provision; and
WHEREAS, the 2010 NAA executed by City and Owners is due to expire early in 2015;
and
WHEREAS, based upon Owners' representations and City's investigation, it appears that
the Property still meets the eligibility criteria of §43.035 of the Texas Local Government Code;
and
WHEREAS, pursuant to §43.035 of the Texas Local Government Code, the City hereby
offers to allow the Property to remain in the City's extraterritorial jurisdiction ( "ETJ ") for the
term of this updated 2014 non - annexation extension agreement (hereinafter, the "2014 NAA" or
"Agreement "), which supersedes and replaces the 2010 NAA previously executed by the Parties
for all purposes; and
WHEREAS, Owners hereby accept this offer and agree to the terms of this 2014 NAA, as
set forth herein; and
WHEREAS, Owners and the City acknowledge that this Agreement between them is
binding upon the City and the Owners and their respective successors and assigns for the term of
the Agreement;
WHEREAS, the Denton County Appraisal District records show that the Property
currently is appraised for ad valorem tax purposes as land for agricultural or wildlife
management use, or timber land pursuant to Tex. Tax Code chapter 23.C, D, or E; and
WHEREAS, OWNERS represent that it is their intention not to develop the Property
during the term of this Agreement; and
WHEREAS, Tex. Loc. Gov't Code section 43.035 authorizes a property owner and a
municipality to enter into an agreement pursuant to Tex. Loc. Gov't Code section 212.172 for
purposes of retaining land in the municipality's ETJ in exchange for the property owner's
covenant not to develop the property and to authorize the municipality to apply development
regulations not inconsistent with agricultural use; and
WHEREAS, the Parties are desirous of entering into an agreement authorized under Tex,
Loc. Gov't Code section 43.035; and
WHEREAS, this Agreement is to be recorded in the Real Property Records of Denton
County, Texas;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereto agree as follows:
Section 1. Continuation of ETJ Status. The City guarantees the continuation of the
extraterritorial status of the Property and agrees not to annex the Property for the term of this
Agreement, as hereinafter defined, and any subsequent renewals as may be agreed upon by the
Parties, subject, however, to the provisions of this Agreement.
Section 2. Development Plan. The Owners covenant and agree that use of the Property
for the term of this Agreement and any extensions agreed to by the Parties shall be limited to
farm - related and ranch - related uses and customary accessory uses, and single - family detached
farm or ranch dwellings, provided that no single - family dwelling may be located or constructed
on a lot smaller than five (5) acres unless the lot was created prior to the date of this Agreement.
The property owner may apply to the City for division of the land subject to this Agreement into
2
parcels, each of which is at least five (5) acres in size, for the purposes set forth in this section
without being in violation of this Agreement. Such uses and activities constitute the
development plan for the Property in satisfaction of Tex. Loc. Gov't Code section 212.172(b).
Section 3. Governing Regulations. The following City regulations shall apply to any
development of the Property, as may hereafter be amended from time to time during the term of
this Agreement, provided that the application of such regulations does not result in interference
with the use of the land for agricultural, wildlife management or forestry purposes and does not
prevent the continuation of a use established prior to the effective date of this Agreement and
which remains lawful at the time the Agreement is executed:
(1) Zoning standards contained in the Denton Development Code ( "DDC "), as amended
pursuant to The Denton Plan, 1999 -2020, as amended, including but not limited to the
(RD -5) Zoning District regulations, and standards incorporated therein;
(2) The subdivision and development regulations contained within the Denton
Development Code, as amended, together with applicable Design Criteria Manuals
(including construction, drainage, site design, solid waste, transportation, tree
protection standards, and water /wastewater), Denton Mobility Plan and other
approved Master Plans of the City of Denton, Texas, and the North Central Texas
Council of Governments Standard Specifications for Public Works Construction,
North Central Texas, October 2004 edition (NCTCOG Manual);
(3) Denton building codes, as contained within Denton Code Chapters 17, 28 and 29, and
DDC Subchapter 24, adopting:
a. International Building Code, 2009 Edition with local amendments;
b. International Residential Code, 2009 Edition with Appendix G and local
amendments;
C. The International Fire Code, 2009 Edition with local amendments;
d. International Plumbing Code, 2009 Edition with local amendments;
e. International Fuel Gas Code, 2009 Edition with local amendments;
f. International Mechanical Code, 2009 Edition with local amendments
g. Code of Ordinances Chapter 17, Denton Property Maintenance Code, as
amended;
h. International Energy Conservation Code, 2012 Edition with regional
amendments;
i. National Electric Code, 2011 Edition with local amendments;
j. National Electric Safety Code, 2012 Edition, with regional amendments;
k. Minimum housing and building standards, Denton Code § §28 -383 — 437 and
§ §17 -141 —210, as amended and as applicable; and
1. Irrigation Standards, Denton Code § §28 -441 — 457;
(4) Sign regulations, as contained within Subchapter 15 of the DDC, as amended;
(5) Applicable water and wastewater connection, construction and on -site operation
requirements, contained within Chapter 26 of the Denton Code of Ordinances, as
amended, and Subchapters 16 and 21 of the DDC, as amended, the Denton Water and
Wastewater Criteria Manual, as amended, and as supplemented by the Texas Water
Code, as amended, Texas Natural Resources Code, as amended, Texas Utilities Code,
as amended, and applicable administrative standards of the Texas Commission on
Environmental Quality, as amended;
(6) Applicable Flood Protection, Drainage and related standards, as contained within
Chapter 30 of the Denton Code, as amended, subchapters 17 through 19 of the DDC,
as amended, the Denton Drainage Criteria Manual, as amended, and as supplemented
by requirements of the Texas Water Code, as amended, Texas Natural Resources
Code, as amended, applicable administrative standards of the Texas Commission on
Environmental Quality, as amended, and applicable administrative standards of the
Federal Emergency Management Administration, as amended; and
(7) Gas Well platting, drilling and production standards, as contained in §35.16.19 and
subchapter 22 of the Denton Development Code, as amended and as applicable, and
as supplemented by requirements of the Texas Utilities Code, the Texas Natural
Resources Code, the Texas Water Code, and applicable administrative standards of
the Texas Railroad Commission and Texas Commission on Environmental Quality,
as amended.
Section 4. Development Plan to Remain in Effect. Following expiration or termination
of this Agreement for any reason, the Development Plan set forth in Section 2 shall remain in
effect for a period of 180 calendar days thereafter, or until the effective date of the annexation
and permanent zoning of the Property, whichever first occurs. The Parties covenant and agree
that the City may deny any development application or plan of development that is submitted to
the City for the Property during such period if such application or plan is inconsistent with the
Development Plan. The Owners expressly waive any vested rights that might otherwise arise
under local or state law, or by common law, from the submittal of such inconsistent development
application. The Owners further agree that no use commenced or completed on the Property that
is inconsistent with the development plan shall be considered established or in existence prior to
the expiration of the 180 -day period during which the Development Plan is in effect.
Section 5. Agreement Deemed Void in Part; Voluntary Annexation.
(A) If an Owner files any application or plan of development for or otherwise
commences development of any portion of the Property inconsistent with the Development Plan
provided in Section 2, sections 1 and 3 of this Agreement shall thereupon become null and void.
(B) Upon expiration, or upon breach or termination of this Agreement for any reason,
the City may initiate annexation of the Property pursuant to Tex. Loc. Gov't Code subchapter C-
1, or other such other provisions governing voluntary annexation of land as may then exist,
Owners expressly and irrevocably consent to annexation of the Property under such
circumstances. Owners further agree that such annexation by the City shall be deemed
4
voluntary, and not subject to the requirements and procedures for an annexation plan, as required
by Tex. Loc. Gov't Code section 43.052, or successor statute.
Section 6. Notice of Sale. Any person who sells or conveys any portion of the Property
shall, prior to such sale or conveyance, give 30 days written notice of this Agreement to the
prospective purchaser or grantee. A copy of the notice shall be forwarded to the City at the
following address:
City of Denton, Texas
ATTN: Director of Planning and Development
221 N. Elm Street
Denton, TX 76201
Section 7. Recording, This Agreement is to run with the Property and be recorded in the
real property records, Denton County, Texas.
Section 8. Severability. Invalidation of any provision of this Agreement by judgment or
court order shall not invalidate any of the remaining provisions which shall remain in full force
and effect.
Section 9. Remedies. This Agreement may be enforced by either Owner or the City by
any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the
provisions of this Agreement thereafter. Entry into this Agreement by Owner waives no rights as
to matters not addressed in this Agreement.
Section 10. Change in Law. No subsequent change in the law regarding annexation shall
affect the enforceability of this Agreement or the City's ability to annex the properties covered
herein pursuant to Section 4.
Section 11. Venue. Venue for this Agreement shall be in Denton County, Texas.
Section 12. Execution in Multiple Copies. This Agreement may be separately executed
in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 13. Term and Extension. Unless extended by mutual agreement of the Parties,
this Agreement shall terminate on March 1, 2016. The Effective Date of the Agreement shall be
the date the Agreement is executed by the City. The Term may be extended upon mutual
agreement of the Parties.
Section 14. Survival of Covenants. The covenants in Sections 2 and 4 shall survive
termination of this Agreement, together with any other provisions, as may be necessary for the
implementation of those sections.
.,,.
Owners
W
William Clinton Lynch �
Claudia P. Lynch
THE CITY OF DENTON, TEXAS
By t
Ci y am get, eptaW y Cit y
Manager, or
Designated Representative
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 1— day of __ff
VA,
2015, by William Clinton Lynch.
SANDY LAWSON
NotorY Public, Stote of Texas
.,
.-'ft MY Commission Expires
October 07, 2016
�"W�vwinww
THE STATE OF TEXAS
COUNTY OF DENTON
Astatjo
Notary 'l'�a.aRalic,
This instrument was acknowledged before me on the da y of �
� ! ,
2015, by Claudia P. Lynch.
'w, NoCctoter 0706
Re
sos Notary Public, State of Texas
D
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was a nowledged before me on the �� day of 2015, by
e, on behalf of "they City Manager /Deputy City Manager /Designated
Re pr City of Denton, `Texas..
JANE E, I�N mP°HARDSON
�aa 0 "�at�0c, stmt ant Texas
My Cotl"nryftsb n Expkes
June 27, 20117
� a
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ... ��. '' ..mM ° �..... .
NW ,gar y Public State of Texas
7
After recording return to:
Jennifer Walters
City Secretary
215 E. McKinney
Denton, TX 76201
WARRAMTY,DLCD... N T •..•Y•...
nv,rM vLMOOR + un+ Exhibit A ddress:
`/ p) lox 365 -A
76205 N
TIE STATE, OF � JUAOP RTY RECORDS CIO
COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS:
23744
That Ifillwood /MCCUCChin, Ltd., a Texas limited partnership, 12377 Merit Drive, Suite J
1600, Dallas, Texas, 75251, .r
(hereinafter called "Grantor," whether one or more, masculine, feminine or neuter) for and in consideration
of the sum of TEN and no /100 DOLLARS and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged and the further consideration of the execution and delivery by
William Clinton Lynch and wife, Claudia P. Lynch, Route 1, Box 365 -A, Denton, Texas,
76205,
(hereinafter called "Grantee," whether one or more, masculine, feminine or neuter) of one certain note of
even date herewith in the principal sum of E 41,020.00 payable to the order of Grantor as therein
provided, which note is secured by a superior vendor's lien retained herein for
the benefit of the holder(s) thereof and Is additionally secured by a deed of trust of even date herewith to
Glen M. White trustee(s), upon the property conveyed hereby, have Granted,
Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said Grantee all that certain
real property located in Denton County, Texas and described as follows:
BEING 4.102 acres of land, more or loss, situated in the 1. Byerly Survey, Abtttract
Number 1458, and the J, Dalton Survey, Abstract Number 353, I7enton County, Toxas,
and beinll owre particularly described on Exhibit "A" attached iweroto and made a past
hereof for all purposes; subject to the e3seaoentr maard other encumbrances. set forth
on Exhibit '''D" attached hereto and made a part hereof for all purposes.
CRAH15 fylNVEYS AND TRANSFERS THE PROPERTY TO GRANTEE "A "S IS, WH'F".RE IS, AND 1"fiIIN
ALL FAULTS ", AND GRANTOR DOES NOT WARRANT OR MAKE ANY REPRESENTATION, EXPRESSED
OR IMPLIED, AS TO THE MERCHANTABILITY, QUANTITY, CONDITION, SUITABILITY OR FITNESS
FOR ANY PURPOSE WHATSOEVER OF THE PROPERTY AND SHALL BE UNDER NO OBLIGATION
WHATSOEVER TO UNDERTAKE ANY REPAIRS, ALTERATIONS OR OTHER WORK OF ANY KIND WITH
RESPECT TO ANY PORTION OF THE PROPERTY. GRANTEE ACKNOWLEDGES AND AGREES THAT
GRANTEE HAS HAD SUFFICIENT OPPORTUNITY TO INSPECT AND INVESTIGATE THE PROPERTY
TO ENABLE GRANTEE TO MAKE GRANTEE'S OWN DETERMINATION WITH RESPECT TO THE
MERCHANTABILITY, QUANTITY, QUAILITY, CONDITION, SUITABILITY AND FITNESS FOR ANY
PURPOSE OF 711E PROPERTY, INCLUDING, WITHOUT LIMITATION, ITS CO;XPLIANCE WITH
APPLICABLE ENVIRONMENTAL LAWS.
YdiA/ ddofUAd /ol;KJIAd /dda /de1G4lde+9/ Add; KJArf /dlt /o dd�r {1'�AAIa�kA�bbdJJv�>flllbAd% � Feddl All
r!>' tfiEl; ti, E/ a6l; E6dd�. ltW ,(KfAv1rS�E/t(ddo�a:• /df/doE• bid/ blttt�/ dgfddblA>< d�1o( JJ� /ArddJbP /l(dA�ttdtl�'fAlAltlC
TO HAVE AND TO HOLD the above described premises, loeether with all and singular the tights and
appurtenances thereto in anywise belonging unto the said Grantee, his, her or its successors, hem and assigns,
as the rase may be, forever; and Grantor does hereby bind Grantor and Grantor's successors, heirs, executors
and administrators, as the case may be, to Warrant and Forever Defend all and singular the said premises unto the
said Grantee and Grantee's successors, heirs and assigns, as the case may be, against every person whomsoever
lawfully claiming, or to claint the same, or any part thereof, by, through or under the unkraiVW by not
othervise.
But it is expressly agreed and stipulated that the aforesaid Vendors Lien is retained against the above des
scribed property, premises and improvements until the above described note and all interest thereon are fully
paid according to its face and tenor, effect and reading, when this deed shall became absolute.
Grantee herein assume the payment of taxes for Iho euoent year,
effective
Executed/thla 13 day of May 19 91.
HILLWOOD /MC CUTCHIN, LTD,
BY$ HILL D IOLDING 'ORS RR ON
President
TON. Doc: .00002374405/20/1991. VIP: .2981771 Page 1 of 5
v0981 P60772
ACKNOWLEDGMENT
THE STATE OF TEXAS, JJEFORE ME, the undcrIlKnod authority.
COUNTY OF I
in and for sild County. Texas, en this day personally appoued
• .......... .... .......... ... .. ..
)mown tome tobethe person .—V21054name ... ...... ..... sub"bcd to the foregoing Instrument, and ukmwIedx*d to raw that
ho....._ executed the Unit, for the purposes and consideration therein expreestd,
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Tbit - day of. -------- A.D. 19...
Notary Public, .......... ................. County. Texu
Xy Commission Expires
ACKNOWLEDGMENT
THE STATE OF TEXAS, j HErOpXME, the undersigned authority,
coUNTY OF , , - . .....
In and for said County. Texas, on this daypenonslly appeated
.............. . ......
known tonic to be the person... whose acme ......... .... subscribed bo the foregoing Instrument, and aeknowledgtd to me that
.he..,.. executed the some for the purposes and consideration therein exprtifitl
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.. day of --------- A.D. I9...,.......
(L.S.)
Notary Nblic, Texaz
My Commission Expires
ACKNOWLEDGMENT
THE STATE OF TEXAS, l BEFORE 14E, the undersigned authority.
COUNTY or . .. ......... ... ...... .
in and for said County. Texan, onlhl3 day personally ApPeOTCd .............
known to me to be the pertort whose nom a subscribed to the foregoing Instrument, and acknowlex1god to me that
be_ executed the &ainc, for the purposes and consideration therein expressed.
GIVEN UNDER MY RAND AND SEAL OF OFFICE. This day of. A.D. to..........
(L.S.)
Nolarypublic, Texas
My Commission
COJJ()OY�ATION ACHNOWIX]JUIENT
THE STATE OF TEXAS, BEFORE ME, the undersigned siothorft
COUNTY OF.... —MLIM _...
in end for sold County, Texas. an this day persahAllY
a, knwwrs to tae tube the person and qlfcer
u-b-1—c wrknowlavly to me that the s=6 was the let of the said
i torporAt(on, And ihpt he executed the aAme a 6 the act of bVIA, cotporAvols for ti,t
expressed, and in the capacity therein stated. I ( PA
GIVEN UNDER MY HAND AND SEAL 09 OrPI &D. 19-2-1
4iny public,
- - � — - .___'M1Ki%TemLg
Com�§OiiNrk Explrc4,
JWlEy A. SIXEtP
SIA'L O1' 7E1(JA
con. w fma,
4TON. Doc: .00002374405/20/1991. V/P: .2981771 Page 2 of 5
0
z
0
4TON. Doc: .00002374405/20/1991. V/P: .2981771 Page 2 of 5
GF NO. U- 300492
M
VOL2981 PG0773
FXHIBIT "A"
4,102 ACRE TRACT
FIELD NOTES to all that certain tract of land Bltuated in the 1. Byerly
Survey Abstract Number 1458 and the J. Oalton Survey Abstract Number 353,
Denton County, 'texas and being a part of Tract III described in the Deed from
Perot Investment Partners, Ltd, to Millwood /McCutchin, Ltd. recorded In -
Volume 2470, Page 678 of the Real Property Records of Denton County, Texasl
the subject tract being a strip off the North end of the aoid Tract III and
being more particularly described as follows:
BEGINNING for the Northwest corner of the tract being described herein at the
Northwest corner of the sold Tract III at a 1/2 " iron rod found in Underwood
Road (approximately 54 feet wide as fenced at this point) 23.4 fact Westerly
from a fence corner post oo the East side of the road and further being the
called Vest Southwest corner of the said J. Dalton Survey;
THENCE South 88 Degrees S7 Minutes 09 Seconds East with the North line of the
Bald Tract III and the South line of the said Dalton Survey, at 389.6 feet an
iron rod found for the Southeast corner of the called 2,408 sere tract
described to the deed from Kenneth Morgan at ux to William Clinton Lynch at
ux recorded in Volume 2190, Page 507 of the said Real property Records bears
Korth 5.43 feet; continuing along the come course, in all, a total distance
of 1186.63 feet to a 1/2 inch Iron rod Bet at an angle point to the North
Line of Tract III at it reentrant corner of the said Dalton Sutveyl
THENCE South 89 Degrees 48 Minutes 53 Seconds East continuing along the
general course of the the said fence with the North lice of the said Tract
III a dlatance of 657.86 feet to the Northern Northeast corner Lhererf in the
Vest Line of the S. Pritchett Survey Abstract Nuaber 1004; a 4' bola Care
fence corner post in concrete on the South bank of Hickory Creek;
THENCE South 00 Degrees 08 Minutes 38 Seconds West generally along a fence
with the East line of the said Tract III and the West line of the Pritchett
Survey a distance of 100.00 feet to a 1/2 inch iron rod set for the Southeast
corner of the herein described tract;
THENCE North 69 Degrees IS Minutes 35 Seconds West severing Tract III and
crossing the East Line of the Byerly Survey and the West line of the DAltoa
Survey, continuing along the sane course, in all, a total distance of 1847.30
feet to a 1/2' iron rod set for the Southwest corner of the herein described
tract on the West line of the said Tract III in Underwood Road 23 feet
Westerly from the fence on the Past aide thereof;
THENCE North 01 Degrees 46 Minutes 48 Seconds East with the West line of.
Tract III a distance of I00.00 feet to the PLACE OF BEGINNING sad enclosing
'4,102 acres of land, more or less.
IENTON. Doc: .00002374405/20/1991. V/P:.2981_771 Page 3 of 5
VOL298I PG0774
l;l(HIBIT "B"
I. Easement and Right of Hay from Alma RcCutrhin, et al to Denton -
Wise Soil and Water Conservation nistrict. dated December 7.7.,
1966, filed January 12, 1967, recorded in Volume $46, Page 72
Of the Deed Records of nenton ('aunty, Texas.
2, Baseme t. and Right Of Way from Alma McNtchin, et al to Texas
Pnwer & Light Company, dated May 24, 1968, filed Juno 18, 1968,
recorded in Volume 568, Page 30 of the Deed Records of Denton
(:nnnty, Texas.
3, Terms and conditions described in T.imitai Warranty need From H.
R. Perot a /k /a H. Ross Perot to Perot Investment Partners, Ud.,
dated January 26, 1987, filed February 27, 1987, recorded in
VO1nmQ 2095, Page 354 of the Deed Records of Denton County,
Texas.
4. Terms and conditions as described in Limited Warranty Deed from
Perot Investment Partners, Ltd. to H1llvoodJMcCutnhtn, Ltd.,
dated August 7, 1988, filed Qctoher 18, 1988, recorded in
Volume 2470, page 678 of the Deed Records of Denton County,
Texas.
5. Overhead electric line and buried telephone cable and their
appurtenances across the West end of the property, as shown on
survey prepared by Coleman & Associates, dated February 26,
1991.
6, That portion lying within Underwood Road along the West
property line, as shown on survey prepared by Coleman &
Associates, dated February 26, 1991.
7. No liability is assumed by reason of fence protrusion over and
beyond the North property line, as shown an survey prepared by
Coleman & Associates, dated February 26, 1991,
8. Rights and claims, if any, of adjoining property owner in and
to that portion of the herein described property located
between the fence and the North property line, as shown on
survey prepared by Coleman & Assortate5, dated February 26,
9, Shcrtages in area.
10. Standby fees and taxes for the year 1991 and subsequent years, and subsequent
assessments for prior years due to change in land usage or ovnership.
4TON. Doc: .00002374405/20/1991. V/P:.2981_771
Page 4 of 5
VOL 298 1 PG017 5
REPURN TO:
William Clinton Lynch
and Claudia P. Lynch
Route 1, Box 365 -A
Denton, Ti 76205
,
f
DAY O" �
PILED FOR RECORD D, 1D
DAY Ol?"„„. COOU'`0jq CoUjq TIMA,3 �.
DULY RgCO1D'LD:_ SIR EO DElC94lCLiiiY,
i
i
r
JL
)ENTON. Doc: .00002374405/20/1991. V/P:.2981_771 Page 5 of 5
Y
K
Q
F3
1 C7 •
V ..
::u�
-i!
V
f y
�!
O
an
F-
6"
REPURN TO:
William Clinton Lynch
and Claudia P. Lynch
Route 1, Box 365 -A
Denton, Ti 76205
,
f
DAY O" �
PILED FOR RECORD D, 1D
DAY Ol?"„„. COOU'`0jq CoUjq TIMA,3 �.
DULY RgCO1D'LD:_ SIR EO DElC94lCLiiiY,
i
i
r
JL
)ENTON. Doc: .00002374405/20/1991. V/P:.2981_771 Page 5 of 5
5
11
w�
)ENTON
� A•101— WARRANTY nrtn —wIa y.",. Lt.,. C." a.4 cm", W. MARTIN AYATIONRRY C., NIS
w THE STATE OF TEXAS
n o Know All Men By These Presents: J'
COUNTY on -..R.� 1PIR..,
k RIX 11RIPEAIY ulaRDS
f, V01.2190PA0E507
That we, KENNETH REESE MORGAN and JENNIFER MORGAN aka JENNIFER JOKING "
` of the County of Denton State of r. Texas for and in consideradon of AAA
"ar
thosofuof
" TEN AND NO /100 ------------ ($1D.00)............. . - -_ - -- _...._, DOLLARS,
�l pt' 9 Paid, y ;.
' and other good and valuable considerations
to us raid, and secured to be b WILLIAM CLINTON LYNCH and wife CLAUDIA P. yr14ff61idtYdf
LYNCH, the receipt of which Is hereby fully athm) edged, and the further conslderati
of the ASSUHPTION and PROMISE: TO TRAY b,y grantees of Lhe balance due and owing
oft that certain prontlssury note dated Ootrubai, 23, 1961, In the nrigin,tl prtnciltal
f,;I stnn of $67, °sOd).d70, cxocutvd by Kenneth Reese Horgan and wife, Jennlf,cr ilora3an,
payable to the order of Denton Savings Association, btoaring interest and Payable
as therein stipulated, secured by a Deed of Trust of even date therewith to 1411'11am
rot E. Brady, et al, Trus Lee( sl. for the use and benefit of Denton Savings Association,
wl shown of record in Volume 634 , Page 958, Deed of Trust Records, Denton County,
y Texas; thereafter assigned to First National Bank of Fort Worth as Trustee for
r the Denton County Housing Finance Corporation by instrument shown of record in
ti Vol. )112, Page 440 of the Deed Records of Oenton County, Texas; and the sum
;l of $15,000,00 advanced by Denton Savings Association, a Texas corporation, at
the special instance and request of the grantees and for their special use and
of benefit, as a part of the purchase price of the hereinafter described property,
rA the receipt of which is acknowledged by the grantors, same being evidenced by
one certain promissory vendor's lien note of even date herewith in the principal
sum of $15,000,00, executed by the grantees and payable to the order of said
corporation, said note bearing interest and payable as therein stipulated, containing
the usual default and attorney's fee clauses, same being additionally secured
by a Deed of Trust of even date herewith to William E. Brady et al, Trustee(s),
" for the use and benefit of said corporation, being shown of record in the Real
Property Records, Denton County, Texas; and the said grantees by the acceptance
sr of this deed acknowledge the vendor's lien to exist against the hereinafter described
-'� (Continued on Reverse Side Hereof)
h ^� bare Gr lard, Sold and Conveyed, and by these prescnu do Gfant. Sell and Convey unto the said
WILLIAM CLINTON LYNCH and wife, CLAUDIA P. LYNCH
of the Cnunry of Denton , State of Texas
xak"K101f6Yac
All that certain tract or parcel of land situated in the Jeremiah Dalton Survey,
Abstract 353, Denton County, Texas, being part of a certain 79,051 acre tract
described in a deed from H. L. Handley to Jack Pilon on March 9, 1973, recorded
in Vol , page �, Deed Records of said County, and being more particularly
described as follows:
91GINNING at the West Southwest corner of said 79,051 acre tract in a public
road;
THENCE N. 10 13' 40" E, with the West line of said tract and of said survey in
said road 329.30 feet to a corner;
THENCE S. 79° 45' 30" E. pass at 35,33 feet, a steel pin in a fence, a total
distance of 416 73 feet to a steel pin;
THENCE S, 10 13' 40" W. 200.0 feet to a steel pin in a fence on the South Boundary
line of said 79.051 acre tract and on a South Boundary line of said Dalton Surveyl
THENCE N. 0§' 49' 50" W. with said fence and said Survey line pass at 366,30
feet a fence corner, a total distance of 396,30 feet to the place of beginning,
containing in all 2.408 acres of land.
SUBJECT TO THE FOLLOWING:
I. a� semen- dated -871 O executed by M. C. Powell et ux, M, E. Powell to Texas
Power & Light Company recorded in Vol. 287, Page 402, Deed Records, Denton County,
Texas,
2. Protrusion of property line beyond fence along the West and South as shown
by survey dated 8/31/81, by Gary Hammett, RPS,
3. West portion of property lying within public road as shown by survey made
8/31/81, by Gary Hammett, RPS,
Doc: .00003989607/0211987. V/P: .2190507
u<
.t
L -
Page 1 of 4
L.
ropert#a;1?t0N601P)19sly understood and agreed that said Denton Savings
SSOCIAtiOn Shall he And it Is hereby full,yy subrogated to the saft rights, titles,
)Ions and remedlei to secure and enforce payment of the above described note which
granters would have if said note was ayable direct to theal and the further
consideration of the execution and was by qrantees of one certain promissory
vendor's I* note of eycq date herewith in the Irrirlcipal sent of 123.00mO.
payoble to the order, or Jennifer JDPling, said note bearing interest and payable
as therein stipulated, containing the usual default and attorney's fee clauses,
additionally secured by a iDeed of Trust of even date herewith to W, CI Orr, Jr,,
Trustee, for the use and benefit of the payee Or other holder of said note, And
recorded in the Real Property Records, Denton County, lexasi
TO HAVY AND TO HOLD Ibis above described ptemiw, together with All and singular, the rights and
APPtAtullces thereto In isnywim belonging unto the said
WILLIAM CLINTON LYNCH and wife, CLAUDIA P. LYNCH, their
bitirsaitclassigns forever; and we disherebylaInd ourselves. our respective
heirs, executors and Administrators, to 11'OrrAnt And Forever Defend all and singular the said preialsivs, unto the
ad WILLIAM CLINTON LYNCH and wife, CLAUDIA P. LYNCH, their
I
heirs and assigns againat every person whomsoe•er lawfully Claiming, or to claim the same, or any part
thereof.
It Is understood and agreed that the address of Debtors for sending any notices required of pemiklal hereunder or
with reyiect to the indebtedness secured hereby and fort the records of P crichdirles or any other holder of the indebtedness
secured hrrtby is as M4 ............................... ............. ........ ;
and I knericiarici or any other Is (litter of Live ifilld -I riltirss mcutri I firrehy Akoil bt, oi I Wed. to rely on such address unless
Dchl"N advise licarlicinrics or any other linldc( of the fudelowittvNs n-cuird hinctiy ipf an 011(ij rti chill:-'e by cerlifird of
rrgislered mall, return roceipi rciluoird ailtlreswd to Iteneficlarics as follo•sl .......... . ...................................................... .....
.1---l" ............. I'mo-36ZA2 ..............
- ................ --.1 ........ .... --- ...... ....... --l"— ............
or to such other address u Dericriclades shall have advised Debtors by written notice, cetdried mail, it-turn Tocelpi
rqueslcd.
Dili it Is expressly agreed and stipulated that the Verid(ifis Lien Is retained Against the above described Prop-
arty. Premises and Imptovemenis, until the above described notes and all Interest the(con are fully
bald according to their face and tenor, effect and reading, when this deed shall became absolute.
tallness our hand
June
Wilnessel at Request of Otoislcir;
ILI Denton, Texas this 30th d3Y 01
,A.D. 19 87
.................. ......
Hr.... ..........
.....................
e p rig
Je 7f r l
.......... ............................................... . .....................
...... .. ... -
DENTON, Doc: .00003989607/02/1987. V/P: .2190507
I
P4
E4
Page 2 of 4
AMMO WLEDC31CKr VOL
THE STATE OF TEXAS,
BEFORE ME, the unden" aulbodly,
COU\TV 0F_Qeft0l______
In and for amid County. Tern, on thbi 4y P(%Inllly 111TWHAI ..........
..... .... ...... . . ......... . ........ ..
knuwn to me to WIN lKiton.1 whole niontS 10 the (Offit0fing NgIlVeqhil, kid 11(knowedaid to too lilt(
rI
"frulell lilt Mile lot tile purroses and'wnddenllon thiedn tFpre%iW.
'0 GIVEN UND171t. All' IU04D AND SEAL OF OFFICE, 11,6 10. 0. day a I_ 19
ca
HAW ALUM
It '.v'QQ NdLiry Public. In and (or the Salt of Tau,
firearm?.
MY Corninjalon
ACKNDVM. . 13 0 rw
RAOMIKIEN
THE STATE OF TEXAS
10 Unow
)
oc HE 1,11, the urlikenlanid authority,
j In LW tot 061 County, Tau, on Ibb day Ttrienally Rlipeartil.... ........ . .
..... . .... . ...... ... . . ......... ...... . ...... .. ..
............
.ii known to me to W Ike ilermon---whost 3uhscilbed to the foregoing Ittitmuftent, and acknowledged to am. IUI
the Urn, lot the llufjloy# scot eand'Itimillore thcorimeaKw4d.
GIVES U14DER MY JUND AND SEAL OF OFFICE, 111m. A.D. If_
Jr 0 S.)
Notary I'liblic. In and for (be State of Total,
cusivolixi-ION ACKNOWLENWITr
III I E STATE OF TEXAS,
BEFORE ME, the unclenkned authority.
vi Coll%-l'Y ....... . I
Ufa
r In -h-I F,,t -1,11 Owly, Tc%.U, An Usle day pettonilly jittwAred .................... . .......... . ....... .... ...... ..........
. ..... . ........................................ 1hinvilla, tile to IN lilt lKnon Ind oflitt
j %1""' I.Anq It sul-�'lllgd to 11.1 lorphliti R1141 41161lowlelldril •
(6111tifial lilt Milli, W63 Ill@ sit of Ill#
..... . .... . ......
.0 Olt he estcul(4 the amnit am the a(( of IU(h corifticralloil for the purposes and (ohildas(lon (htni(n tiprolard, and lin
lite (q.vlty Collin 111W,
GIVIN 1.101:lt MY IIAIND AND SEAL OF OFFICE, TbU .... ....... . _.__43y
M.S.)
dtxa
Xc ...... ........ ....
t;" Notary Public. In and tot [be slate or Talmo.
MY COApW'40" . ..........
ra
ujE STATE OF TEXAS,
.. ........
xa COUNTY OF...._.__._..
Ownly Click 011 the County Court of laid County, do Willy (Cillf)? that the lotriolnut Inilrutichl. of wrillinut dated an IEL ........... .
jJAY01 . ..... .. ...... A.D. Iv.....,_..,, with let Cerillcato of Authtnutmilion. Wail aw for record In Irmy Ohio
�^Yr nn 410 day of . . . ....... ........
..... . . ........ A.D. It.., ........... at --odockt. . ........... M., and wea duty imrded
lily 61111-- AA If......., , at ...... 0 dod_''._.U.' to the RK*Fdl of AW County, In Yet.
WJ. .. . ......... .... . ......
%VITNIN$ Illy tied and Um.1 of the Cvwjr Court of U14 catinly, at my *act
s iii
. ....................... . .. . ..... tht day and yor LLm above reduta.
Click County Train
paa (L S ) Ny--n. '_____.___. .,' Deputy.
I
IW
. - " - - r I - , , . . I .
DENTON. Doc: 00003989607/02/1987. VIP: .2190 „507
Iv
.N
Page 3 of 4
I
1 'V'0t2190?AGE5iG
! I
�.A
j0
2
tl
m
a.
r. 00
'
DULY AZCOAOrL, DAY Or �_ A0.19
I
a Y
J DENTON
DENTON. Doc: .00003989607/02/1987. V/P: .2190507
0
0
Page 4 of 4