2015-195s: \legal \our documents \ordinances \15 \ryan meadows surface use waiver agreement ordinance.docx
ORDINANCE NO. 2015 -195
AN ORDINANCE APPROVING A SURFACE WAIVER AND LEASE RATIFICATION
AGREEMENT AMONGST THE PITNER FAMILY LIMITED PARTNERSHIP, KELSOE &
RILEY, LLC, EAGLERIDGE ENERGY, LLC, CORBIN EXPLORATION LIMITED
PARTNERSHIP, ARP BARNETT, LLC AND THE CITY OF DENTON, TEXAS, TO ALLOW
FOR THE DEVELOPMENT OF THE RYAN MEADOWS ADDITION RESIDENTIAL
SUBDIVISION; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
THE SURFACE WAIVER AND LEASE RATIFICATION AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Pitner Family Limited Partnership and Kelsoe and Riley, LLC are the
surface owners of land located west of Teasley Lane along the south side of Ryan Road, which
land they desire to plat a large tract of land so as to develop a residential subdivision; however
the land is already included as part of a gas well development plat in favor of EagleRidge
Energy, LLC, Corbin Exploration Limited Partnership and ARP Barnett, LLC; and
WHEREAS, the Pitner Family Limited Partnership, Kelsoe and Riley, LLC, EagleRidge
Energy, LLC, Corbin Exploration Limited Partnership and ARP Barnett, LLC have requested the
City of Denton, Texas to enter into a Surface Waiver and Lease Ratification Agreement
( "Agreement "), which Agreement proposes to release the 67.318 acres from the gas well plat so
as to allow the residential development; and
WHEREAS, the City of Denton is joined in this Agreement to acknowledge EagleRidge
Energy, LLC's, Corbin Exploration Limited Partnership's and ARP Barnett, LLC's release of the
67.318 acres so that the City of Denton can process and issue any development permits necessary
for the residential development; and
WHEREAS, the City Council has found and determined that the Agreement is in the
public interest; NOW, THEREFORE:
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION 1. The findings and recitations contained above are incorporated herein by
reference.
SECTION 2. The Surface Waiver Agreement is approved and the City Manager, or his
designee, is authorized to execute the Agreement on behalf of the City of Denton.
SECTION 3. This ordinance shall become effective immediately upon it passage and
approval.
PASSED AND APPROVED this the day of June, 2015.
µl l S W 1 "FS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO FORM:
ANITA BURGESS, CITY ATTORNEY
d
BY:
s: \legal \our documents \gas well documents\ 1 5\surface waiver and lease ratification re ryan meadows - ver. 3.docx
SURFACE WAIVER AND
LEASE RATIFICATION AGREEMENT
THIS SURFACE WAIVER AND LEASE RATIFICATION AGREEMENT (this
"Agreement ") is made this day of 2015, by and among EAGLERIDGE
ENERGY, LLC, a Texas limited liability company, CORBIN EXPLORATION LIMITED
PARTNERSHIP, a Texas limited partnership, and ARP BARNETT, LLC, a Delaware limited
liability company (herein collectively referred to as the "Mineral Leaseholders "), and
PITNER FAMILY LIMITED PARTNERSHIP, a Texas limited partnership, and KELSOE &
RILEY, LLC, a Texas limited liability company (herein collectively referred to as the "Fee
Owners "), and Paragraph 1 of the Agreement is between the Mineral Leaseholders,
the Fee Owners and the City of Denton, a Texas municipal corporation (hereinafter
referred to as the "City ").
Recitals:
A. Mineral Leaseholders are the owners of 100% of the interest of "Lessee ", and
Fee Owners are the owners of 1000/6 of the interest of "Lessor" under the following Oil and
Gas Lease (the "Lease "):
Oil and Gas Lease dated June 18, 2001, among Marjorie Pitner, individually
and as President of Roselawn Memorial Park, Inc., Tony A. Riley, Linda S.
Riley, Jerry Kelsoe, Patricia A. Kelsoe, and Advance Lighting Technology II,
Ltd., as Lessor, and Lynx Oil Co., Inc., as Lessee, recorded in Volume 4879,
Page 5628, of the Real Property Records of Denton County, Texas.
B. The Lease originally covered approximately 274.2534 acres of land. A
portion of the leased land was released and surrendered by the Lessee to the Lessor by
Partial Release of Oil, Gas and Mineral Lease recorded on July 6, 2005, as Instrument
No. 2005 -81439 in the Real Property Records of Denton County, Texas. The Lease
continues to cover, among other lands, the tracts of land described as Tracts 1 through 5 on
Exhibit "A" attached to the Lease, containing approximately 76.169 acres in the aggregate,
herein referred to as "Pitner Land ". Fee Owners constitute all of the owners of the fee
simple estate in the Pitner Land, as well as the rights of "Lessor" under the Lease.
C. The Pitner Land and certain adjacent lands owned by others (together with
the Pitner Land comprising approximately 195.616 acres) were made the subject of a
certain Gas Well Development Plat (the "Gas Well Plat ") submitted to the City upon
application of the predecessors in interest of the Fee Owners and the owners of such other
lands, bearing evidence of approval by the City on March 25, 2002, and filed in the office of
the Gas Well Administrator of the City. A copy of the Gas Well Plat is attached hereto as
Exhibit A. Gas wells were drilled on two (2) of the designated drill sites shown on the Plat,
being the sites designated on the Plat as "Pitner Location No. 1" (located on the Pitner
Land) and "Higginbotham Location No. 1 ". Both of the wells, now known as the "Pitner
No. 1" and the "Pitner No. 2 ", respectively, continue to be operated by Mineral Leaseholders
on the date hereof.
D. Fee Owners have contracted to sell a portion of the Pitner Land for
development as a residential subdivision to be named "Ryan Meadows ". Upon application
filed by the contract - purchaser with the consent of Fee Owners, the City has approved a
Preliminary Plat for the subdivision of a 75.316 -acre portion of the Pitner Land as the
"Ryan Meadows Addition ". A copy of such Preliminary Plat is attached hereto as Exhibit B.
The Pitner No. 1 well site is located within an approximately 7.998 -acre parcel designated
as "Lot 15, Block A" on the Preliminary Plat. It is contemplated that Ryan Meadows
Addition will be platted and developed in two (2) "Phases ". The first Phase ( "Ryan
Meadows Phase I ") will cover 35.570 acres, including the 7.998 -acre parcel, such Ryan
Meadows Phase I tract being described on Exhibit C.
E. Fee Owners have requested that Mineral Leaseholders waive the right to use
the surface of the approximately 75.316 acres of the Pitner Land to be platted as the Ryan
Meadows Addition, except the approximately 7.998 -acre parcel upon which the Pitner
No. 1 is located, and Mineral Leaseholders are willing to waive such surface rights, upon
and subject to the terms and conditions herein set forth.
F. Fee Owners and Mineral Leaseholders present this Agreement to the City as
evidence of Mineral Leaseholders' intent to waive and relinquish their right (except as
provided in this Agreement) to use the surface of approximately 67.318 acres of the Pitner
Land so that Fee Owners and their successors and assigns may proceed with the
development of Ryan Meadows Addition.
NOW, THEREFORE, for and in consideration of the premises, the mutual covenants
herein contained, and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Surface Waiver Except for the Reserved Rights described in Section 2 below,
Mineral Leaseholders, on behalf of themselves and their successors and assigns, and for the
benefit of the Fee Owners and their successors and assigns, hereby forever waive and
relinquish any and all rights Mineral Leaseholders may have under the Lease, or otherwise,
to use or enter upon the surface of the tract of land described on Exhibit D attached hereto
(being all of the approximately 75.316 acres to be platted as the Ryan Meadows Addition,
except the approximately 7.998 -acre tract to be platted as Lot 15, Block A of said Addition)
and being referred to herein as the "Ryan Meadows Surface Release Area ". Without
limitation of the foregoing, Mineral Leaseholders for themselves and their successors and
assigns, and for the benefit of the Fee Owners and their successors and assigns, hereby
(i) permanently and irrevocably waive, relinquish, release and surrender any right to use
the surface of any of the drill sites identified on the Gas Well Development Plat as "Fry
Location #1 ", "Pitner /Fry Location #1" and "Pitney /Fry Location #1A" in any way, manner,
or form related to the exploration and production of the mineral estate; and
(ii) subordinate their mineral interests in, on and under such sites to the interests of the
surface estate. In addition, Mineral Leaseholders (i) acknowledge that platting the Pitner
Tract in accordance with the Preliminary Plat will have the effect of amending the Gas Well
Plat as it pertains to the Pitner Tract; (ii) consent to the platting of the Pitner Tract in
accordance with Final Plats consistent in all material respects with the Preliminary Plat;
Page 2
and (iii) agree that the City may rely on this Agreement in accepting such Final Plats.
Mineral Leaseholders and Fee Owners agree that neither this Section nor Section 2 may be
amended in any material respect unless the City consents to such amendment.
1.1 The City acknowledges that the platting of the Pitner Tract in
accordance with the Preliminary Plat has the effect of amending the Gas Well
Plat as it pertains to the Pitner Tract. However, by acknowledging such, the
City neither limits nor waives any rights or claims it may have as to whether
the Gas Well Plat, as effectively amended by this Agreement, has adversely
impacted any "vested rights" Mineral Leaseholders may possess based on
Texas Local Government Code, Chapter 245. Likewise, Mineral Leaseholders
neither limit nor waive any rights or claims they may have to such Chapter
245 "vested rights" based on the Gas Well Plat as effectively amended by this
Agreement.
1.2 Upon execution of this Agreement by the parties, the City agrees to
continue processing any prior development permit applications Fee Owners
may have submitted in accordance with the Denton Development Code
("DDC ") and the City Code of Ordinances ( "City Code "). The City shall issue
any development permits if the City determines that all DDC and City Code
development requirements have been met.
2. Reserved Rights. The Surface Waiver described in Section 1 above is subject
to the "Reserved Rights" described in this Section 2. Nothing in Section 1 shall serve as a
limitation or waiver of Mineral Leaseholders' right to drill subsurface directional and /or
horizontal wells under any portion of the Ryan Meadows Surface Release Area from surface
locations outside of such release area, provided any such drilling activities shall not involve
any use of the surface of such release area. In addition, Mineral Leaseholders reserve the
following rights:
2.1 the right to construct, place, keep, operate, maintain, repair, and replace a
pipeline for all activities related to the transport of oil and gas in the location
described on Exhibit E attached hereto, in accordance with the terms of a certain
Pipeline Easement Agreement to be executed by Fee Owners and Mineral
Leaseholders concurrently with this Agreement; and
2.2 the right of ingress, egress, and access (vehicular and otherwise) upon, over,
and across the existing gravel road located within the Ryan Meadows Surface
Release Area and extending from Ryan Road to the Pitner No. 1 well site and the
approximately 7.998 -acre tract upon which it is located (to- be- platted as Lot 15,
Block A of the Ryan Meadows Addition), as shown on Exhibit F. provided that use of
such gravel road may be suspended during construction of the residential Lots to be
located on or adjacent to such gravel road, so long as a temporary way of vehicular
access is made available that provides reasonably equivalent access; and
Page 3
2.3 the right of ingress, egress, and access (vehicular and otherwise) upon, over,
and across the existing gravel road within the Ryan Meadows Surface Release Area
from the Pitner No. 1 well site and the to- be- platted Lot 15, Block A of the Ryan
Meadows Addition to the adjacent property upon which the Pitner No. 2 well site is
located, as shown on Exhibit F.
The gravel road described in Section 2.2 is located entirely within the 35.570 -acre
tract to be platted as "Ryan Meadows Phase I ". The gravel drive described in Section 2.3 is
located entirely outside of the 35.570 -acre tract to be platted as Ryan Meadows Phase I,
said gravel drive being located within the area to be platted as "Ryan Meadows Phase II ".
3. The rights reserved to Mineral Leaseholders by Section 2.2 of this Agreement
shall automatically terminate upon satisfaction of all of the following conditions,
whereupon, if requested by Fee Owners, Mineral Leaseholders shall acknowledge
termination by written instrument in recordable form reasonably satisfactory to Fee
Owners:
3.1 the recordation of a Final Plat for the Ryan Meadows Addition that provides
ingress, egress, and access upon, over, and across Stonetrail Drive and Red Fox Lane
from Ryan Road southerly to the northeastern boundary of that certain permanent,
50 -ft wide public access easement within Lot 16X, Block A, beginning at and
contiguous to the intersection of Stonetrail Drive and Red Fox Lane near the
southwest corner of Block D and extending westerly approximately 125 feet then
southerly along the eastern boundary of Lot 15, Block A of the Ryan Meadows
Addition (the "Public Access Easement "); and
3.2 the recordation of a Final Plat for the Ryan Meadows Addition that provides
ingress, egress, and access upon, over, and across the Public Access Easement to the
Pitner No. 1 well site and Lot 15, Block A of the Ryan Meadows Addition; and
3.3 the completion of Stonetrail Drive and Red Fox Lane and acceptance of said
streets by the City; and
3.4 the recordation of a permanent, 30 -ft wide easement (in form reasonably
approved by Mineral Leaseholders) upon, over, and across that certain 7.469 -acre
tract (the Tony Riley tract, Instrument No. 94- R0073351 recorded in the Real
Property Records of Denton County, Texas) from Ryan Road southerly to the Pitner
No. 1 well site and Lot 15, Block A of the Ryan Meadows Addition (the "Riley
Easement ") for the limited purpose of providing ingress, egress, and access for
vehicles and equipment needed to drill and complete (including fracking) additional
wells on the Pitner No. 1 or Pitner No. 2 well sites.
4. The rights reserved to Mineral Leaseholders by Section 2.3 of this Agreement
shall automatically terminate upon satisfaction of all of the following conditions,
whereupon, if requested by Fee Owners, Mineral Leaseholders shall acknowledge
termination by written instrument in recordable form reasonably satisfactory to Fee
Owners:
Page 4
4.1 the recordation of a Final Plat for the Ryan Meadows Addition that provides
ingress, egress, and access upon, over, and across Stonetrail Drive and Red Fox Lane
from Ryan Road southerly to the northeastern boundary of the Public Access
Easement; and;
4.2 the completion of Stonetrail Drive and Red Fox Lane and acceptance of said
streets by the City; and
4.3 the recordation of a Final Plat for the Ryan Meadows Addition that provides
ingress, egress, and access upon, over, and across the Pubic Access Easement to its
terminus within Lot 59X, Block A, at the intersection of the Public Access Easement
with the open space area (approximately 202 feet x 48 feet) contiguous with the
intersection of Street L and Street N as shown on the Preliminary Plat (the "Open
Space Area "); and
4.4 the recordation of a Final Plat for the Ryan Meadows Addition that provides
ingress, egress, and access (i) upon, over, and across the Open Space Area, and (ii)
upon, over, and across "Street L" (as shown on the Preliminary Plat) extending from
the eastern edge of the Open Space Area to the eastern boundary of the Ryan
Meadows Surface Release Area; and
4.5 the completion of "Street L" and acceptance of said street by the City; and
4.6 the recordation of the Riley Easement for the limited purpose of providing
ingress, egress, and access for vehicles and equipment needed to drill and complete
(including fracking) additional wells on the Pitner No. 1 or Pitner No. 2 well sites.
5. Notice to Lot Owners. Fee Owners shall cause a copy of this Agreement to be
recorded in the Real Property Records of Denton County, Texas, such that it will be a title
exception to all lots in the Ryan Meadows Addition. In addition, Fee Owners or, in the event
the Fee Owners shall convey the Ryan Meadows Surface Release Area prior to
development, then its transferee shall cause the following provisions to be included within
a Declaration of Covenants, Conditions and Restrictions to be recorded for Ryan Meadows
Phase 1:
Section . Notice of Proximity to Gas Well Drilling and Production Site
Substantially all of the Lots are within 1,200 feet of a Gas Well Drilling and
Production Site. A map showing the location of the Site (Lot 15, Block A,
Ryan Meadows Phase 1) in relation to the Lots is attached. As of the date of
this Declaration, a producing gas well is located on the Site. Additional
drilling or (racking operations may occur on the Site in the future.
Notwithstanding any provision of this Declaration to the contrary, this
Section may not be amended or terminated, unless the City of Denton
consents to such amendment or termination.
In addition, Fee Owners, or in the event the Fee Owners shall convey the Ryan
Meadows Surface Release Area prior to development, then its transferee shall cause the
following provisions to be included within a Declaration of Covenants, Conditions and
Restrictions to be recorded for Ryan Meadows Phase II:
Page 5
Section . Notice of Proximity to Gas Well Drilling and Production Sites
Substantially all of the Lots are within 1,200 feet of one or both of two (2)
Gas Well Drilling and Production Sites. A map showing the location of the
Sites in relation to the Lots is attached. As of the date of this Declaration, a
producing gas well is located on each Site. Additional drilling or fracking
operations may occur on these Sites in the future. Notwithstanding any
provision of this Declaration to the contrary, this Section may not be
amended or terminated, unless the City of Denton consents to such
amendment or termination.
6. Ratification of Lease. Fee Owners hereby ratify, adopt and confirm the Lease,
as affected by the Partial Release, and subject to the Surface Waiver set forth above; and
Fee Owners grant, demise, lease and let unto Mineral Leaseholders all of the lands
described in the Lease, except the lands previously released pursuant to the Partial Release,
upon the terms and conditions set forth in the Lease, but subject to the Surface Waiver
described above.
7. Counterpart Execution. This Agreement may be executed in counterparts,
each of which shall constitute an original, but all of which, when taken together, shall
constitute one agreement.
EXECUTED to be effective as of 2015.
(Signature and Acknowledgement Pages Follow.)
Page 6
EAGLERIDGE ENERGY, LLC,
a Texas limited liability company
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,
2015, by_ , of EagleRidge Energy, LLC, a
Texas limited liability company, on behalf of the limited liability company.
Notary Public, State of Texas
Page 7
CORBIN EXPLORATION LIMITED PARTNERSHIP,
a Texas limited partnership
By: Lonestar Exploration L.L.C.,
a Texas limited liability company,
its General Partner
UR
STATE OF TEXAS §
COUNTY OF §
R. Jay Anthony, Member
This instrument was acknowledged before me on the day of ,
2015, by R. Jay Anthony, Sole Member of Lonestar Exploration L.L.C., a Texas limited
liability company, in its capacity as General Partner of Corbin Exploration Limited
Partnership, a Texas limited partnership, on behalf of the limited liability company and the
limited partnership.
Notary Public, State of Texas
Page 8
ARP BARNETT, LLC,
a Delaware limited liability company
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of
2015, by _ of ARP Barnett, LLC, a
Delaware limited liability company, on behalf of the limited liability company.
Notary Public, State of Texas
Page 9
PITNER FAMILY LIMITED PARTNERSHIP,
a Texas limited partnership
By: Pitner Family Partners Corporation,
a Texas corporation,
its General Partner
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,
2015, by of Pitner Family Partners
Corporation, a Texas corporation, in its capacity as General Partner of Pitner Family
Limited Partnership, a Texas limited partnership, on behalf of the corporation and the
limited partnership.
Notary Public, State of Texas
KELSOE & RILEY, LLC,
a Texas limited liability company
By:
Name:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of ,
2015, by _ of Kelsoe & Riley, LLC, a
Texas limited liability company, on behalf of the company.
Notary Public, State of Texas
Page 10
CITY OF DENTON, TEXAS,
a Texas municipal corporation
STATE OF TEXAS §
COUNTY OF DENTON §
George C. Campbell, City Manager
This instrument was acknowledged before me on the day of
2015, by George C. Campbell, City Manager of the City of Denton, Texas, a Texas municipal
corporation, on behalf of the corporation.
ATTEST:
Jennifer Walters, City Secretary
IM
APPROVED AS TO LEGAL FORM:
Anita ltirges �, City Attorney
B
Notary Public, State of Texas
Page 11
Exhibit A
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Exhibit D
Ryan Meadows Surface Release Area
(approximately 67.318 acres)
SURFACE WAIVER
All of Proposed Ryan Meadows Phase 1 except Lot 15, Block A + All of Proposed Ryan
Meadows Phase II
BEING all of that tract of land situated in the James W. Withers Survey, Abstract No. 1343,
City of Denton, Denton County, Texas, and being a portion of a called 15 acre tract of land
described in the deed to H.M. Pitner, recorded in Volume 456, Page 384, Official Records of
Denton County, Texas, and a portion of a called 58.7 acre tract described in the deed to H.M.
Pitner and wife, Marjorie Pitner, recorded in Volume 356, Page 497, said Official Records,
and a portion of a called 20.406 acre tract of land described in the deed to Kelsoe & Riley,
LLC, recorded in Instrument No. 2006 - 102638, said Official Records, and being more
particularly described as follows:
BEGINNING at a one inch iron pipe found at the northeast corner of said 58.7 acre tract,
common to the southeast corner of Lot 1 -R in Block A of Wayne Ryan Elementary School
Addition, an addition to the City of Denton according to the re -plat thereof recorded in
Instrument No. 2012 -194, Plat Records of Denton County, Texas, and on the westerly line of
a called 52.486 acre tract of land described in the deed to Phoebe Ryan Higginbotham,
recorded in Volume 2522, Page 898, said Official Records, and on the recognized easterly
line of said Withers Survey;
THENCE South 0 °45'39" East, along the easterly line of said 58.7 acre tract, and along the
easterly line of said 20.406 acre tract, and along the westerly line of said 52.486 acre tract,
a distance of 1590.86 feet to a 5/8 inch iron rod with plastic cap stamped "WIMBERLY"
found for corner at the southeast corner of said 20.406 acre tract, common to the northeast
corner of a called 10 acre tract of land described in the deed to Calvert Paving Corp.,
recorded in Volume 1719, Page 924, said Official Records;
THENCE South 88 °55'05" West, along the southerly line of said 20.406 acre tract and along
the northerly lines of said 10 acre tract and a called 5.632 acre tract of land described in the
deed to E.D. Calvert, recorded in Instrument No. 2006 - 102657, said Official Records, a
distance of 1254.33 feet to a 1/2 inch iron rod with plastic cap stamped "RPLS 4561" found
for corner at the southwest corner of said 20.406 acre tract, common to the northwest
corner of said 5.632 acre tract, and on the northeasterly right -of -way line of the Gulf Coast
& Santa Fe Railroad;
THENCE North 35 °20'44" West, along the westerly line of said 20.406 acre tract and along
the northeasterly right -of -way line of the Gulf Coast & Santa Fe Railroad a distance of
733.75 feet to a 1/2 inch iron rod with plastic cap stamped "ARTHUR SURW found for
Exhibit D - Page 1
corner at the northwest corner of said 20.406 acre tract, common to the southwest corner
of said 58.7 acre tract;
THENCE departing the northeasterly right -of -way line of the Gulf Coast & Santa Fe Railroad
and the northerly line of said 20.406 acre tract and crossing said 57.8 acre tract the
following three (3) courses:
1. North 03 °57'55" East, a distance of 299.76 feet to a 5/8 inch iron rod with plastic
cap stamped "KHA" set for corner;
2. North 03 °46'53" West, a distance of 610.80 feet to a 5/8 inch iron rod with plastic
cap stamped "KHA" set for corner;
3. North 05 °10'02" West, a distance of 60.19 feet to a 5/8 inch iron rod with plastic cap
stamped "KHA" set for corner on the northerly line of said 58.7 acre tract, and on the
southerly line of said 15 acre tract, and at the southeast corner of a called 5 acre
tract of land described in the deed to Denton County Roundup Club, Inc., recorded in
Volume 484, page 243, said Official Records;
THENCE North 1 °47'00" West, along the easterly line of said 5 acre tract, a distance of
655.57 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner on the
northerly line of said 15 acre tract on the southerly side of Ryan Road, from which a 5/8
inch iron rod found for witness bears South 01 °47'99" East a distance of 0.74 feet;
THENCE North 88 °43'06" East, along the northerly line of said 15 acre tract a distance of
417.95 feet to a 1/2 inch iron rod with plastic cap stamped "RPLS 4561" found for corner at
the northwest corner of a called 0.118 acre tract of land described in the deed to Denton
I.S.D, recorded in Volume 4812, Page 949, said Official Records;
THENCE South 1 °21'22" East, along the westerly line of said 0.118 acre tract a distance of
21.54 feet to a 1/2 inch iron rod with plastic cap stamped "RPLS 4561" found for corner;
THENCE North 88 °42'07" East, along the southerly line of said 0.118 acre tract a distance
of 220.00 feet to a 1/2 inch iron rod with plastic cap stamped "RPLS 4561" found for
corner;
THENCE South 46 °27'21" East, continuing along the southerly line of said 0.118 acre tract
a distance of 21.38 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner
on the easterly line of said 15 acre tract and on the westerly line of Creekdale Drive;
THENCE South 1 °35'42" East, along the easterly line of said 15 acre tract and along the
westerly right -of -way line of Creekdale Drive a distance of 613.13 feet to a 1/2 inch iron
rod with plastic cap stamped "RPLS 4561" found for corner at the southeast corner of said
15 acre tract, common to the southwest corner of said Wayne Ryan Elementary School
Addition and on the northerly line of said 58.7 acre tract;
Exhibit D - Page 2
THENCE North 88 °30'00" East, along the northerly line of said 58.7 acre tract and along the
southerly line of said Wayne Ryan Elementary School Addition a distance of 1032.33 feet to
the PLACE OF BEGINNING, and enclosing 67.318 acres (2,932,377 square feet) of land,
more or less.
Exhibit D - Page 3
Exhibit E -1
Pipeline Easement
B a rae of tvw d Mwataamm in a maw „t"aa a W.. WiR't"w s Suauw ..y, Abstraaat Ni n. 'QW0. Caty & Demon, D mntw. n Cuxmauwsy, 7aaw:aawa. a
Ulmaw g, aiipaftanM a eMlod 58 7 acro watt of mar" dit!•tw wibad man Ow deed to k lm I�u �wrocw �uu IVo�An U�uaan nm,• � w ad �U hww
Vahwww 356, Pop 497, Dead Recanh of Gauwu l u„ woo, "III "awcana, auuu°d being rnam pararAAarty q.knwWed as ftNows
COMMENCING NN At 3 %4nch muatww red Vkh 11th tiaw cap at a%& imterwctm d tft mwaq,uaw auovan d
said5l7sare waw.ar w� tt'waw a teamU +, wlodptwlt na�t Amy Viinroaw wglV the (10f mmast & $Amtta IP :ra fRawlinzawi„ amp m klVwdr �"Jmmfflwawm than.. 4627,
w
in VcOwne 433, PaW. 5& and Cauq* No � .. 2. warded ud in VcO wwne 435, f:11ago 43" s,*d Deed Re . and auc nm mfrm to
dwe nicahuesa wrwmmwmumw of am an«wNi". .400) mare vact of Land dmssesmed au the awed to kelsop. aumrm IWev. L.L. as mara~, - on
Ummwaau^uvaet t No. 2006102638, 048wauN Rwxamreta M Donwtt"wrc County,, 7 amama,
"UY'N- NUEJU4E°UE p wh S(MU2 "' IEast, Wong the wWwoly Utmua of said 51B 7 acre Waal. and aEawtNN the a " wawlt We mwE twaint' 008 act,,
tract" as dtisttfirww wmd 911.0,115 illw iun ffmN OPa+t;NDI @4T N;7uF MIUK~GNN UNN1iM
THENCE depaw"filma NNma MIhSrty hint of said 20 406 acwe tract and erwiaing said 59.7 acre tract the ftftwing Nwwoa (55' cawaa
t. INmmrnh 480571& 51" w avast,• a mumawawum* of 20412 #oat to ao p mums Ntnm awuwmmiwwr,
2.. h1cwawt.Uw 30148:"114" Wess, a &statuwnaw. cO 18.16 feet w a pwo wwt fw, lowew on thea aa,muattwataly bwa ofa t ewoatr ttifn mode p i ine
*am-ta wt r000rded iuww V'aRuri%e 5428, Page IN 130" wd WhM Rev.iwdsu
3. North 9171"W19711 Eaw!k a k wigN at•mas s wndwtwaoty UVwwmw Or sad p pehne eawtwawawwa , a dism-scp of 20 0I9 few w a plwc4m NY Maur,:
4 SaulLtm W1413174" II@ilaam„ rMpampiq the a6awnattw iriy tamwaw of w,auda'd papauw6ne awaw mumawwt, a d4tawwaaaw SIN Nt .pus feet to a ppwwarw W comwwau"„
.. Set* 4W57'15" East,,, a dimwwwx & 314130 feet luawu ai pontfor irweir on waue southeq kne d uaamd 518,7 ov grw'aa %, altat on Ow
rowawtthWy tiiwwa mil &ud 20. 4W woo tract)
THENCE 88°'5320 "uwV ev, Vwa southeriy dra of s ' 58 ,7 a ract. and a4 mg qhe n 4w * of said 20.40a acm
, a astar al 2 &8 t bet tothe PONT OF BEG N ING and COW&noing ®J'43 of acre aatwa 80.345 aw* t ) of II &M, a or
WS
Gforing aymlmtamaw taw aau wwwwlo "i "exa6a t:Raawrv&ftate Sy stern of 1903, iwtturtin C Ike* Zoom u, 20 '.). Qftr7w Amarkuamm Oaten 04 KA3 .
Exhibit E -1 - Page 1
I, lD i,E ,
20" MDE III':RIININIRIIIEw; JNE VIE. VIIiii1WINII
JN III E S W W11 HE UR E')r,
A BST"RACTNO 1
DENTO N C U " 1I...LE AS
������ ������ Ifs � II � � �I����•
THM DOCUMENT
MICHAEL MARX
NOT BE RECOWED
REGIS11RED PROFE,9610NAL
ANY PURPOSE AM0
LAND SURIEYOR NO 5181
SHALL 01" BE USED OR
5150 GENESIS COURT, SURE
2 VIE WED OR EUEa
FRISCO, TEXAS 75034
UPON AS A RNAL
PH 972 -33 5-36W
SURVEY DOCUMENT
o.
Exhibit E -1 - Page 1
I, lD i,E ,
20" MDE III':RIININIRIIIEw; JNE VIE. VIIiii1WINII
JN III E S W W11 HE UR E')r,
A BST"RACTNO 1
DENTO N C U " 1I...LE AS
J')
wn... marmo symom band w tw Tom coommage
S,"twn cif 1981 NoM CwWA Z*m 04202'J iii, AffmOcw
Datim *I 12M
nRAFHRr i- lit Mill
V1 16'00'014 0A304W JAW lTo W W"ERS StRWY
L4 c6mrotm am PMW All NO. W3
As
"Wry
w0ii Mila
n TPELNE EASEWNT
(G.,146 OF AN ACRE
CAAAoWlAcom
.4. u. iminivim—AND WFE, WYLMEMNIM
youjw:m. 0-4010 W?
CAIAE WO ACT 0AMC7
pow r 0wo c Cow"I
S.—
Poo r Of POWWOW
T rO W- RECOY40ND 1W
92 rN iHi, W)VAK09 A4MUM10
ro
!IG
T, - KAEC0 ,GS,W::
P R D!C T 0R R` (
CM,AD MAIlk AARM
i COWRY, TSXM
K0.301 I A Wif UX
I-afdrvomw
A% c
ft1T W$
MICHAEL MARX
NOT BE RE CORDED FCH
REGISTERED PROFESSIONA1
ANY PURPOSE AND
.............
e 'a ftna J , AeR
Muni nw-,941
a RD CM
X
A - C Er"'MAL Awus-,
P,OC wPWN70F TAT WA6WC1P@3
ROJO -, PORI" OF WWOWA
0SC -1, &B ACA IR01T W '1KHA'CAF 1WT
IRK - MO N p'1100ii WMAP i
�PF = RON MFE RUND
0 AAC T a DEED RECOM rW
01111:11cm COUINTY TEXA3
DW11�1111,C-T =0FFl1CYU FtECOFOS OF
DiElirrCH MUINTY TEXAS
!IG
T, - KAEC0 ,GS,W::
P R D!C T 0R R` (
PIRE1 IMINARY
i COWRY, TSXM
1 8
L2
71 IIS DOCUMENT 9HALL
MICHAEL MARX
NOT BE RE CORDED FCH
REGISTERED PROFESSIONA1
ANY PURPOSE AND
LAND SUINEYOR NO. 5181
„i I WT BE L)SED OR
5750 MdESIS CCXi SAJITF 200 VIEWED OR RELED
FRISCO, TEXAS 75034
UPC" ASA
PH 072-335-35W
SURWY DMIUMDU
ftMoieili nwNpimley-N)m mn
2P 01'
Exhibit E-1 - Page 2
Im
Wm=
NO.
!IG
I L M-GTH"
IN
1440'57'56W
1 8
L2
N. 4674
IQ ilia,
I
NO F"HWIT
20001
L4
i 'WA*
8751
LA
S41'57'l
314 TW
1A
SW.5320M
2P 01'
EXHIBrr 8
20'W101i.lL,INE EASEKETiff
JAMES W WTI-4ERS SURVEY,
ABSTRACT 11140 1343
CITY OF DE ON
DENTON COUNTY, TEXAS
IPPIM
Pipeline Easement
BEING as tract of aftialed In James W, Wdherz fourvey, Abstract No. 1343, City of Denton County, Texas, and being a
portion of a called220 4061 awe tray of iand descft ed 0 the deed to KeWoe and May, LL C, as recorded kn Inatminrent No,
2006-1012636, Offidai Record of Denton County, Texas, and being more partcuParty deI as foikivm:
COMMENMG sta t64nch ikron, rod wth a cap starnped 'ARTHUR SURV" found at the northwest comer of sad 20400
acre tract, on the southerty true of a called 58.7 acre lxad of land descObed in the deed to HM JRtner and wide, Marjorie
P0ieI as recorded in Voiume 356, Page 4,97, Deed Rerwrds of Deoton County, Texas, and on the eaftrlyr right-of-way
Me of the Guff Coast &Santa Fe Railroad, evridenced by Cause No 4627, recorded Jn'Volume 433, Page 58, and Cause
rJS L
No. 4662, rewded In'Volurne 435, Page 43, card need Recor .
THENCE Wrih 88"24'18" East, oWIVnukrig across awd 20.406 acts tracl, a distarice of 75537 feet to a Mnt tare comer
THENCE North 89*114211" East, = Whuing across sad 2GA06 acre tract', a distance of 766.39 feet to as polint for corner cm
the eas4erry Itrne of said 20.406 acre tract, and on the westerly tine of a called 52.486 acre tract of land descd>ed din the
dead to Phoebe Ryan Hionbothern,as recorded 01 Volume 2522, Page 898, said Oftial Public Records of Denton
County, Texas, from wNch the feast comer of said 20,406 acre tract, carnmon to Elie soLitheast comer of sad $8.7
arcie, ftel, bears North 00'451.9"West, a distance, of 18.31 feet
T14ENCE South 0*4V39" East, along the ealledy line of said 20L406 acre tract, and Wong the wpoterly line of sood 52,486
acre Vact, a distance of 15 00 feet to a point, fw corner, from which a SIrd-inch iron rod Mh a cap 3tamped "WIMBERLY'
found for the southeast comer of 11I acre tract bears South 00'45",3T East as distance of 573,92 $eert,
THENCE Samth 89*2471" West, deparfing the easterly lire, of said 20.406 acre tract and 'Ote, weI Ww of said 53 s35
acre tract, crosaing said 20,406 acre tract, a dstan ce of 766 28 feet to as paint for comer,
THENCE SaAh W241 8" West, oovifinuung acrowsaid 20406 acre tract distance of 768.50 feet to a pdrit,for comer;
THE North 48-57'55' West,, confinuing across said 20,406 acre tratt, a distance of 5'3.;39 Easel to the POINT OF
BEGINNING and conlaiNng 0 545 of an acre (23,747 square feet) of land.
Saahn• system based on the Texas CoI Systern of 19,83, Narth Cernft Zone (42021, Nordi Arnencan Datum of
IM.
T;Tre , V lam ,
Exhibit E-2 - Page 1
EXHIBIT A
PIPELINE EASEMENT
ABSTRACT NO. 1343
CITY OF DENTON
DENTON COUNTY, TEXAS
or - SAM ft 4$0
IN, M CI,
N�
MUTES: Bea%V syman based an the Temas Cowdna*
syst"n 0 1981 11 conw,16 Zom Mmlk "Wth, A"Ww"
Datum of IN. 3
S' w Ploo'; 0 3 Taw tow I'MA6
CAA If)
WA
in Lcqlrr I DoM L119
Mr No JeWIM
JAMES W Wlfl*,',k$ SURVEY
low"r W" 206-WON
noll Be?,
ABSTRAVF'NO, IU3
OWNW, SCAA ih am
.1 PWOWN1 IM19YEW
sy
PON? or 09100"a
CA(.= U T AOW
M W-VER A014'6�91 WA4049 "—W
I (a .50
FIN
415,06 OFANACRE
"a IF T ii�
2!3.74? % 11K
r w.o, '-. r Dwi T Cor BEGINNING
03C 8 INVIRWH ROD W IK"'CAP SST
RK - RON ROD WCNII FOU%D
Iff, - BRON WE FC'OJIW
DRD C T. -0660 REC(MS OF
DEW (N (XXOM, TEXAS
0A 0,C,T, - OFFIICIAL RECORDS C*r
DI TI' COUN'rY. TS
P RACT T. z IPLAT RECORDS (W:
01 MUM CGVNT'V,
WCHAL'-'-3- AAARX
REGISTERED PR(X""E3W,..MNAL
LMi) SURVEYOR NO, 518111
5-TS.No a.. F....'sals ccuu, Sun. 2oo
FRISC0,1"EXAS 75MM
IF44.972-335-3M)
miT a l,mo rnft 'NC r0v '1
Exhibit E-2 - Page 2
0
PlIFIEUNE EASEMEN"W"
JAMES W' WITHERS SLIRVEY,
ABSTRACT IINO. 1343
CITY 0F"DEN'roIiq
DENTON COUNI"Y, TEXAS
Mn
CAA If)
WA
in Lcqlrr I DoM L119
Mr No JeWIM
low"r W" 206-WON
noll Be?,
I'll
�74"
ll)�24mpc
Its
C^660 %G ftpw
IL 0 MAW
A - CENTRAL ANCILIE
149 3owlvwwl
OA.0 cr.
IF, 0 C - IIGwONT OF CIGNMINICING
r w.o, '-. r Dwi T Cor BEGINNING
03C 8 INVIRWH ROD W IK"'CAP SST
RK - RON ROD WCNII FOU%D
Iff, - BRON WE FC'OJIW
DRD C T. -0660 REC(MS OF
DEW (N (XXOM, TEXAS
0A 0,C,T, - OFFIICIAL RECORDS C*r
DI TI' COUN'rY. TS
P RACT T. z IPLAT RECORDS (W:
01 MUM CGVNT'V,
WCHAL'-'-3- AAARX
REGISTERED PR(X""E3W,..MNAL
LMi) SURVEYOR NO, 518111
5-TS.No a.. F....'sals ccuu, Sun. 2oo
FRISC0,1"EXAS 75MM
IF44.972-335-3M)
miT a l,mo rnft 'NC r0v '1
Exhibit E-2 - Page 2
0
PlIFIEUNE EASEMEN"W"
JAMES W' WITHERS SLIRVEY,
ABSTRACT IINO. 1343
CITY 0F"DEN'roIiq
DENTON COUNI"Y, TEXAS
Mn
NonlL Downs synam @F law. an &e Tevilis Cirwdeglake
sy0w (0 190, NI Au CenaW Zoom J4,2102)� VillotO Aainwqwu
DAM d 191W
JAMESW WitHERS VOWEll
LNEW
SOW1471"IN Fffilff
PW- EXANE EASEMM
�,'G. 565 OF AN ACRE
23,74 7 So ill
GN I ED Z . 'WoM
i & WRAT W,
"811 NO, =611133n
0 gill 0 c 'T
UID 110 ACIN5
A, -11: CENTRAL NOME UQuimr,
A. C a KWNT OF, CLUM"
l�iill Cal,
P 8 - POW OF BEGHNING
IRSC WitiON ROD Wncoilok rAP SET
M,fr, im MON, PONS VWXW FOUND
NPF - IfM Pff..: FOUK)
0JUD,C 11. w WE'D RECORDS (.W
DENT01 COUN".7EXAS
CA-MC.T. - OFIFICbUL RECOR&S OF
011'-.',HT(M U)UNTY TEXAS
ARSTRX .TI ND. U43
IE
1710D,T
#"hm
%hAfs M ;I "e or
o A
L1
WdIN
29 01'
1,,2
WSM'E
29 67'
1
SHALL NOT BE USED OR
NaWN&AT CORWA of
CAI 04M
FfbS(:,'0,'rr--,xA% rsou
q2Lbw a A"v LLC
P: H,972-3354W
1411 NO 20100.ws
midliaelInmrvalkimley-tam com
CAM e?
LNEW
SOW1471"IN Fffilff
PW- EXANE EASEMM
�,'G. 565 OF AN ACRE
23,74 7 So ill
GN I ED Z . 'WoM
i & WRAT W,
"811 NO, =611133n
0 gill 0 c 'T
UID 110 ACIN5
A, -11: CENTRAL NOME UQuimr,
A. C a KWNT OF, CLUM"
l�iill Cal,
P 8 - POW OF BEGHNING
IRSC WitiON ROD Wncoilok rAP SET
M,fr, im MON, PONS VWXW FOUND
NPF - IfM Pff..: FOUK)
0JUD,C 11. w WE'D RECORDS (.W
DENT01 COUN".7EXAS
CA-MC.T. - OFIFICbUL RECOR&S OF
011'-.',HT(M U)UNTY TEXAS
11NE TABII
IE
1710D,T
.
i5l;'W(T ...
..........
LIEN(FIN
L1
00 "32(rE
29 01'
1,,2
WSM'E
29 67'
1
SHALL NOT BE USED OR
;d 30
LNEW
SOW1471"IN Fffilff
PW- EXANE EASEMM
�,'G. 565 OF AN ACRE
23,74 7 So ill
GN I ED Z . 'WoM
i & WRAT W,
"811 NO, =611133n
0 gill 0 c 'T
UID 110 ACIN5
A, -11: CENTRAL NOME UQuimr,
A. C a KWNT OF, CLUM"
l�iill Cal,
P 8 - POW OF BEGHNING
IRSC WitiON ROD Wncoilok rAP SET
M,fr, im MON, PONS VWXW FOUND
NPF - IfM Pff..: FOUK)
0JUD,C 11. w WE'D RECORDS (.W
DENT01 COUN".7EXAS
CA-MC.T. - OFIFICbUL RECOR&S OF
011'-.',HT(M U)UNTY TEXAS
P.R, D C T 1- PLAT MEMORDS OF
PRELIMINARY
DEWrAlf MONTY. TiMS
It
714IS 1.X)(.',U1l*."'NT S-W.1
MIC44M....'L MARX
NOT BE RECOSIX D FOR
la
'10GE-N
A04 Y KIM i4D
LAND S ,, 81
SHALL NOT BE USED OR
VIEW .ID OIAN REUED
FfbS(:,'0,'rr--,xA% rsou
Ur- U4 AS A F:;1NA1
P: H,972-3354W
SUF?l DOCUIIA.�.14T
midliaelInmrvalkimley-tam com
Exhibit E-2 - Page 3
jtls
M
l
r�'
It
9
-Woffft
la
"TWIANX12.
b
sw IRK
EXH18FT II
PIPEUHE EASEMENT
JAIMIES W wrrIHEIRS SURVEY,
ABSTRACT INO 1343
CIITY OF DIEll
DENTON COUNTY, TEXAS
MMA
Exhibit F
Gravel Access Road
Exhibit F - Page 1