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2017-050
ORDINANCE NO 2017-050 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME RULE MUNICIPAL CORPORATION ("CITY"), APPROVING THE EXCHANGE OF A 1.334 ACRE TRACT LOCATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810, DENTON, DENTON COUNTY, TEXAS ("PROPERTY"), TO RAYZOR INVESTMENTS, LTD. ("RAYZOR"), FOR PERMANENT AND TEMPORARY UTILITY EASEMENTS, ALSO LOCATED IN THE N. MEISENHAMER SURVEY, AND RESERVATIONS OF PERMANENT UTILITY EASEMENTS AND DEDICATION OF RIGHT OF WAY IN THE PROPERTY TO THE CITY, ALL WITH THE EQUIVALENT VALUE OF ONE HUNDRED AND FIFTY THOUSAND DOLLARS AND NO CENTS ($150,000.00) AS STATED IN THE CONTRACT OF SALE ("CONTRACT"); AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE 272.001(k) TO EXECUTE A DEED TO RAYZOR TOGETHER WITH ANY OTHER DOCUMENTS NECESSARY TO EXCHANGE THE PROPERTY FOR PERMANENT AND TEMPORARY UTILITY EASEMENTS AND RESERVATIONS OF PERMANENT UTILITY EASEMENTS AND DEDICATION OF RIGHT OF WAY; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has acquired numerous property interests on N. Bonnie Brae St. between W. University St. and Riney Rd. and along Riney Rd. for the relocation and reconstruction of the existing transmission line; WHEREAS, the City purchased 1.334 acres located at the northeast corner of N. Bonnie Brae St. and Riney Rd. in the N. Meisenhamer Survey, Abstract No. 810, Denton, Denton County, Texas ("Property") for the relocation and reconstruction of its electric transmission line along N. Bonnie Brae St.; WHEREAS, the City plans to use a portion of the Property for the location of an electric transmission line, lay down area for the transmission line reconstruction in the area, and future street right of way; WHEREAS, the City needs additional electric utility easements on the east side of Bonnie Brae St., and south of the Property, on property owned by Rayzor Investments, Ltd.; WHEREAS, Rayzor has made an offer to obtain the Property from the City in exchange for the City receiving permanent and temporary electric utility easements south of the Property and the reservation of a permanent electric easement and dedicated right of way on the Property being conveyed to Rayzor; WHEREAS, the equivalent values of the respective property interests obtained by both the City and Rayzor is $150,000.00; and WHEREAS, on September 20, 2016, the City, under Local Government Code, Section 272.001(k), passed a resolution (Resolution No. 82016-032) stating the conditions and circumstances for the exchange of the Property directly to Rayzor and the public purpose achieved by said exchange; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is authorized to (i) execute on behalf of the City the Contract of Sale ("Contract"), between the City and Rayzor, in the form attached as Exhibit "1", the Special Warranty Deed (which contains a reservation of an electric utility easement in favor of the City) that conveys the Property to Rayzor, Tract Clearance Statement, and Release of Rights and Interest, all of which are attached to the Contract, and any other documents required by the title company to close the transaction; (ii) accept the Street Right -of - Way Dedication Deed, Utility Easement, and Temporary Construction Easement, all of which are attached to the Contract, from Rayzor; and, (iii) make expenditures in accordance with the terms of the Contract. SECTION _2. The matters set forth in the preamble of this ordinance are incorporated into the body of this ordinance as findings by the City Council. SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2017. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: JAI,< . APPROVED AS TO LEGAL FORM: ANITA BURGESS, CIT ATTORNEY By: CONTRACT OF SALE THIS CONTRACT OF SALE ("Contract") is dated the 2/ day of JQnt 2017 ("Effective Date"), and is made by and between RAYZOR INVESTMENTS, LTD., a T xas limited partnership ("Rayzor") and the CITY OF DENTON, a Texas home rule municipal corporation ("Denton"). RECITALS A. Denton owns a certain 1.334 -acre tract of land located in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, said tract more particularly described in Exhibit "A" attached hereto ("Fee Tract"). B. Rayzor owns certain tracts of land referred to as Section 3, Tract Thirteen and Section 3, Tract Fourteen in a Deed recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and certain areas generally located along the west portion of said tracts are proposed for electrical utility use by Denton, said areas more particularly described in Exhibit "B" attached hereto ("Utility Line Areas"). C. Denton desires to grant and convey to Rayzor fee simple title in and to the Fee Tract, subject to reservations of easement and right-of-way in favor of Denton, as further provided in this Contract. D. Rayzor desires to grant and convey to Denton certain easement interests in and to the Utility Line Areas, as further provided in this Contract. NOW THEREFORE, in consideration of the exchange of real property, mutual covenants and agreements set forth in the Contract, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Rayzor and Denton hereby agree to the following: On the Closing Date (as hereinafter defined), Denton shall grant and convey the Denton Fee Tract to Rayzor, in exchange for Rayzor granting and conveying certain easement interests in and to the Utility Line Areas, subject to the terms and provisions set forth below: 1.1 Conveyance of the Fee Tract to Rayzor. Denton agrees to grant and convey to Rayzor, and Rayzor agrees to accept from Denton, the Fee Tract pursuant to the Special Warranty Deed ("Deed") attached hereto as Exhibit "C", together with all of Denton's rights and interests in and to all roads, streets, alleys, surface water privileges, association rights and easements belonging or appurtenant to the Fee Tract, rights of way, licenses, interests, and other rights and appurtenances appertaining thereto, as provided in the Deed, subject to a Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 11 reserved electrical utility easement ('Reserved Easement") covering an area more particularly described in Exhibit "C" of the Deed (that area, the 'Reserved Easement Area"). 1.1.1 Rayzor Obligation to Dedicate Right Of Way From Portion of Fee Tract. Rayzor shall dedicate to Denton a portion of the Fee Tract for the purposes of construction and operation of a paved public street and related purposes, subject to the Street Right -Of -Way Dedication Deed ("Dedication Deed") attached hereto as Exhibit "D", said dedicated portion more particularly described in Exhibit "A" of the Dedication Deed and referred to herein as the "Dedication Street Area". 1.1.2 Denton Obligation to Raze Improvements and Clear Fee Tract. Before Closing, Denton shall raze and clear the Fee Tract of all improvements, and shall, as a condition to Closing, deliver written confirmation that the Fee Tract has been cleared of all improvements and that all refuse and debris has been cleaned from the Fee Tract (such confirmation, the "Tract Clearance Statement"), such Tract Clearance Statement pursuant to the form attached hereto as Exhibit "E". 1.2 Conveyance of Easements to Denton. Rayzor agrees to grant and convey to Denton, and Denton agrees to accept from Rayzor the following: (i) an electrical utility easement ("Utility Easement") covering the Utility Line Areas pursuant to the form of easement instrument attached hereto as Exhibit "`F" (that instrument, the "Utility Easement Instrument"); and (ii) a temporary work easement ("Temporary Work Easement") pursuant to the form of temporary easement instrument attached hereto as Exhibit "G" (that instrument, the "Temporary Work Easement Instrument"), the areas covered by and subject thereto being more particularly described in Exhibit "A" of the Temporary Work Easement Instrument (that area, the "Temporary Work Easement Areas"). The Utility Line Areas and Temporary Work Easement Area are herein collectively referred to as the "Denton Easement Areas". 1.3 Release of Right of Entry and Grant of Possession. The parties acknowledge that Denton holds a certain Right of Entry and Grant of Possession instrument ("Right of Entry"), which applies to the Denton Easement Areas and which was previously granted by Rayzor in contemplation of permanent grants of easement to Denton. At Closing, Denton shall deliver an instrument for the release of the Right of Entry ("Release Instrument"), a form of which is attached hereto as Exhibit "H" 2.1 Exchange of Equally Valued Property. The parties stipulate and agree that the conveyances of the real property interests described in Article I hereinabove is an exchange of real property interests of substantially equal value, and accordingly, no additional monetary payments are due from either party to the other. Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 12 2.2 Stipulated Real Property Values. The fair market value of the Fee Tract is $150,000.00. The fair market value of the Utility Easement is $150,000.00. ARTICLE III: TITLE AND SURVEY 3.1 Title Commitment. 3.1.1 Denton may cause to be issued a current Commitment for Title Insurance (the "Denton Title Commitment") for the Denton Easement Areas, or any portion thereof, issued by Title Company. The Denton Title Commitment shall set forth the state of title to the Denton Easement Areas, or any portion thereof, including a list of any defects, encumbrances and other exceptions to title, and outstanding claims, interests or equities of any nature. 3.1.2 Rayzor may cause to be issued a current Commitment for Title Insurance (the "Rayzor Title Commitment') for the Fee Tract issued by Title Company. The Rayzor Title Commitment shall set forth the state of title to the Fee Tract, including a list of any defects, encumbrances and other exceptions to title, and outstanding claims, interests or equities of any nature. 3.2 Survey. Either party may, at its expense, cause a current on the ground survey of the Fee Tract and/or Denton Easement Areas, or any part thereof, as applicable, to be prepared (the "Survey") by any surveyor approved by both parties. In any case, the Survey description of the Denton Easement Areas shall be used to describe the easement areas covered by the Utility Easement and/or Temporary Work Easement, and shall be the descriptions of such areas set forth in the Denton Title Policy, and the Survey description of the Fee Tract shall be used to describe the Fee Tract area as used in the Deed, and shall be the description of the Fee Tract set forth in the Rayzor Title Policy. 3.3 Efforts to Cure. Rayzor and Denton agree to take good faith efforts to assist the other in curing or satisfying any exceptions or defects depicted or revealed in the Denton Title Commitment, Rayzor Title Commitment and/or Survey, as applicable, as set forth by written notice to Rayzor (if objected to by Denton) or Denton (if objected to by Rayzor) ("Objections"). Neither party shall be obligated to expend funds in such efforts or incur any liability or otherwise incur any economic burden. In the event Denton and Rayzor cannot cure the Objections, whether applying to the Denton Title Commitment or the Rayzor Title Commitment, prior to Closing, either party may elect to either (i) terminate this Contract; or (ii) waive the uncured Objections, which shall become Permitted Exceptions (as defined below), and upon such waiver, close the transaction contemplated by this Contract. The term "Permitted Exceptions" as used herein shall mean (i) easements, restrictions, claims, rights of way, encroachments or other encumbrances or other matters whatsoever affecting the Property as shown in the Title Commitment or Survey, but excluding any matters which were subject to Objections and cured, Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 13 (ii) all municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the herein -described Fee Tract or Denton Easement Areas, as applicable, (iii) all reservations, terms or conditions as provided in the Deed and/or Utility Easement, and (iv) any other matters affecting the Fee Tract and/or the Denton Easement Areas which are of public record or would be disclosed by a physical inspection and/or an accurate survey of the Fee Tract or Denton Easement Areas, as applicable. 3.4 Title Policy. At Closing, either party, at such party's sole expense, may cause a standard Texas Owner Policy of Title Insurance ("Title Policy"), along with a T-19.1, T-19.2 or T-19.3 endorsement, as applicable, to be furnished to the extent available. Any Title Policy shall be issued in the amount of the fair market value of the Fee Tract and/or Denton Easement Areas and insuring that (i) if such policy is purchased, Denton holds valid easement rights in the Denton Easement Areas, subject only to the Permitted Exceptions, and (ii) if such policy is purchased, Rayzor holds indefeasible fee simple title to the Fee Tract, subject only to the Permitted Exceptions. ARTICLE IV: AS -IS SALE 4.1 AS -IS Exchange. 4.1.1. Denton expressly acknowledges that the Utility Easement and Temporary Work Easement are being sold, conveyed, granted and accepted AS -IS, WHERE -IS WITH ALL FAULTS, and, except as expressly set forth in Article VI, below, Rayzor makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Denton Easement Areas or any real property encumbered by the Utility Easement and Temporary Work Easement. EXCEPT AS PROVIDED IN ARTICLE VI, BELOW, DENTON HEREBY UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS IT MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, HABITABILITY, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE DENTON EASEMENT AREAS, ANY IMPROVEMENTS THEREON OR THE PROPERTY CONDITIONS THEREOF, SUCH WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY. 4.1.2. Rayzor expressly acknowledges that the Fee Tract is being sold, conveyed, granted and accepted AS -IS, WHERE -IS WITH ALL FAULTS, and, except as expressly set forth in Article VI, below, Denton makes no representations or warranties, express or implied, with respect to the physical condition or any other aspect of the Fee Tract or any real property encumbered by the Fee Tract except as set forth in Section 1.1.2. EXCEPT AS PROVIDED IN ARTICLE VI, BELOW, RAYZOR HEREBY Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 14 UNCONDITIONALLY AND IRREVOCABLY WAIVES ANY AND ALL ACTUAL OR POTENTIAL RIGHTS IT MIGHT HAVE REGARDING ANY FORM OF WARRANTY, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF QUANTITY, QUALITY, CONDITION, HABITABILITY, MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE FEE TRACT, ANY IMPROVEMENTS THEREON OR THE PROPERTY CONDITIONS THEREOF, SUCH WAIVER BEING ABSOLUTE, COMPLETE, TOTAL AND UNLIMITED IN ANY WAY. 4.2 Information Disclaimer. Any and all information related to the Fee Tract and/or Denton Easement Areas provided by either party to the other shall be delivered as an accommodation only, without any representation or warranty as to the completeness or accuracy of the data or other information contained therein, and all such Information is furnished solely as a courtesy. 4.3 Survival. Notwithstanding anything herein to the contrary, all of the terms and provisions of Article IV, Sections 4.1 and 4.2 shall survive the Closing. ARTICLE V: INSPECTION 5.1 Tests. Until the Closing, the parties mutually agree to allow the other party, its agents, employees and contractors, as applicable, at their sole risk and expense, to enter upon the Denton Easement Areas and/or Fee Tract, as applicable, during normal business hours (and subject to advance notice as required below) for inspections, surveying, engineering and other reasonable testing and inspection purposes ("Tests"). All such inspections may include both non -intrusive inspections and studies (such as non -intrusive "Phase I Level' type tests with respect to environmental matters) which do not involve borings or any sampling of any material or media, including soil, surface water, or ground water and intrusive "Phase II Level' environmental or other intrusive testing or any borings or sampling of any material or media, including soil, surface water, or ground water. Either party shall repair any damage to any property area entered by such party for Test purposes. ARTICLE VI: REPRESENTATIONS AND WARRANTIES 6.1 Representations and Warranties of Denton and Rayzor. Denton and Rayzor represent and warrant to each other that they have the power to execute, deliver and perform under this Contract, have taken all actions necessary to authorize the execution, delivery and performance of this Contract and that the parties executing this Contract and the conveyance documents exhibited hereto for and on behalf of Denton and Rayzor have been duly authorized by Denton and Rayzor to act in such capacity. Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. - City of Denton Page 15 ARTICLE VII: CLOSING 7.1 Date and Place of Closing. The "Closing" (herein so called) shall take place in the offices of Republic Title of Texas, Inc., 550 Bailey Avenue, Suite 100, Fort Worth, Texas 76107 ("Title Company"). The "Closing Date" (herein sometimes called), shall occur before 5:00 PM on February 28, 2017, unless otherwise mutually agreed to in writing by Denton and Rayzor (with the City Manager of Denton to have authority to agree to any such extension on behalf of Denton acting in his sole discretion). The Closing Date as defined in this Section 7.1, subject to possible extension by mutual written agreement as provided above, is the deadline by which Closing must occur and is intended to prevail over any conflicting terms provided in this Contract or the Exhibits attached hereto. 7.2 Items to be Delivered at the Closing. (a) At the Closing, Denton shall deliver to the Title Company, the following items: (i) The Deed for the Fee Tract, in form and substance identical to that attached hereto as Exhibit "C", subject only to the Permitted Exceptions, executed by Denton and acknowledged. (ii) The Tract Clearance Statement, in form and substance identical to that attached hereto as Exhibit "E", executed by the applicable department of the City of Denton. (iii) The Release Instrument, in the form and substance identical to that attached hereto as Exhibit "H", executed by Denton and acknowledged. (iv) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. (b) At the Closing, Rayzor shall deliver to the Title Company, the following items: (i) The Dedication Deed for the Dedication Street Area, in form and substance identical to that attached hereto as Exhibit "D", executed by Rayzor and acknowledged. (ii) The Utility Easement Instrument, in form and substance identical to that attached hereto as Exhibit "F". (iii) The Temporary Work Easement Instrument, in form and substance identical to that attached hereto as Exhibit "G". Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 16 (iv) Other items reasonably requested by the Title Company as administrative requirements for consummating the Closing. 7.3 Adjustments at Closing. Notwithstanding anything to the contrary contained in this Contract, the provisions of this Section 7.3 shall survive the Closing. The following items shall be adjusted or prorated between Rayzor and Denton with respect to the Fee Tract: 7.3.1 General Proration. Ad valorem and similar taxes and assessments (the "Taxes") relating to the Fee Tract for the year in which the Closing occurs shall be prorated as of the Closing Date, in accordance with Section 26.11 of the Texas Tax Code. In this regard the Title Company shall have each taxing unit certify Rayzor's prorated tax liability for the year of closing which amounts will be paid by Rayzor prior to delinquency. 7.4 Possession at Closing. Possession of the Fee Tract shall be delivered to Rayzor at Closing, subject to the Permitted Exceptions and Denton's reserved rights therein. The rights of possession and use of the Utility Easement Area and the Temporary Work Easement Area, as contemplated under the Utility Easement Instrument and Temporary Work Easement Instrument, shall be delivered to Denton at Closing, subject to the terms and conditions of such instruments. 7.5 Costs of Closing. Each party is responsible for paying the legal fees of its counsel, in negotiating, preparing, and closing the transactions contemplated by this Contract. Rayzor is responsible for paying its own attorneys' fees. Rayzor is responsible for paying (i) its own attorneys' fees, (ii) the cost to record the Deed to be delivered at Closing, (iii) the cost of its Survey, if any, and (iv) the costs of the Title Policy covering the Fee Tract, including any premiums and endorsements relating thereto. If the responsibility for such costs or expenses associated with closing the transaction contemplated by this Contract are not identified herein, such costs or expenses shall be the responsibility of Denton at Closing. ARTICLE VIII: DEFAULTS AND REMEDIES 8.1 Rayzor's Defaults and Denton's Remedy. 8.1.1 Rayzors Defaults. Rayzor is in default under this Contract on the occurrence of any one or more of the following events: (i) Rayzor fails to deliver at Closing, the items specified herein at Section 7.2(b) for any reason other than a default by Denton or termination of this Contract by Denton pursuant to the terms hereof prior to Closing. 8.1.2 Denton's Remny. If Rayzor is in default under this Contract, Denton, as Denton's sole and exclusive remedies for the default, may, at Denton's sole option, Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 17 terminate this Contract by written notice delivered to Rayzor, whereupon neither party shall have any further rights or obligations hereunder. F.34111• 8.2.1 Denton's Default. Denton is in default under this Contract on the occurrence of any one or more of the following events: (i) Denton fails to deliver at Closing, the items specified in Section 7.2(a) of this Contract for any reason other than a default by Rayzor under this Contract or termination of this Contract pursuant to the terms hereof prior to Closing. 8.2.2 Ra zor's Remed If Denton is in default under this Contract, Rayzor, as Rayzor's sole and exclusive remedy for the default, may terminate this Contract by written notice delivered to Denton, whereupon neither party shall have any further rights or obligations hereunder. ARTICLE IX: MISCELLANEOUS PROVISIONS 9.1 Notice. Unless otherwise specified in a recorded instrument of conveyance of the Property under this Contract, all notices, demands, requests, and other communications required hereunder shall be in writing, and shall be deemed to be delivered, upon the earlier to occur of (a) the date provided if provided by telephonic facsimile, 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 to the applicable party's address as follows in the signature pages hereto. 9.2 Delegation of Authority. Authority to take any actions that are to be, or may be, taken by Denton under this Contract are hereby delegated by Denton, pursuant to approval of this Contract by the City Council of Denton, Texas, to (i) the General Manager of Denton Municipal Electric, or his designee and (ii) the City Manager of Denton, Texas, or his designee. 9.3 Exhibits. The following Exhibits are attached hereto and made a part hereof: • Exhibit "A" - Description of the Fee Tract • Exhibit "B" - Description of the Utility Line Areas • Exhibit "C" - Form of Deed • Exhibit "D" - Form of Dedication Deed • Exhibit "E" - Form of Tract Clearance Statement • Exhibit "F" - Form of Utility Easement Instrument • Exhibit "G" - Form of Temporary Work Easement Instrument • Exhibit "H" - Form of Release Instrument Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 18 IN WITNESS WHEREOF, this Contract is hereby executed as of the Effective Date. [Balance of page intentionally left blank — Signatures of the parties follow below.] Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 19 RAYZOR: RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: <<"+ Philip A. B, er, Vice President / Executed by Rayzor on the 31,,kday of A 2017. Notice address: P.O. Box 336 Denton, Texas 76202 Phone: (940) 387-8711 Fax: (940) 566-1591 Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 110 DENTON: CITY OF DENTON, a Texas municipal corporation TODD HILEMA CITY MANAGER pursuant to Ordinance No. 2017- D Executed by City of Denton on the � day of -6/ 2017. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY Notice address: City of Denton, Texas — City Attorney 215 E. McKinney Street Denton, Texas 76201 Tel. No. (940) 349-8333 Fax No. (940) 382-7923 Bonnie Brae/Riney Tract Exhcange Rayzor Investments, Ltd. — City of Denton Page 111 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of this Contract. Title Company agrees to comply with, and be bound by, the terms and provisions of this Contract to perform its duties pursuant to the provisions of this Contract and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Printed Name: Title: Contract receipt date: , 2017 Bonnie Brae/Riney Tract Exchange Rayzor Investments, Ltd. — City of Denton Page 112 EXHIBIT "A" Description of the Fee Tract Attached Hereto Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit "A" Exhibit "A" LEGAL DESCRIPTION BEING a 1.334 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being known as that tract of land described In a Deed to Deborah Collinsworth, as recorded in Document No. 99-127801 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for comer in the East line of Bonnie Brae Street (a variable width right-of-way), said point being the Southwest comer of the above cited Collinsworth tract, said point also being in the North line of a called 26.466 acre tract of land described as Section 3, Tract Thirteen in a Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, from which the Northwest comer of said 26.466 acre tract bears North 8902T53" West a distance of 1.65 feet; THENCE North 00°36'10" East (North — Deed along the East line of said Bonnie Brae Street, for a distance of 210.92 feet (210.70'— Deed) to a 1/2 inch capped iron rod found for comer at the intersection of the East line of said Bonnie Brae Street with the South line of Riney Road (a variable width right-of- way), said point being the Northwest comer of said Collinsworth tract; THENCE South 89°2449" East (East — Deed) along the South line of said Riney Road, for a distance of 275.64 feet (275.67'— Deed) to a 5/8 inch iron rod with cap stamped "TNP" set for comer at the Northeast comer of said Collinsworth tract; THENCE South 00935'11" West (South — Deed) departing the South line of said Riney Road, and along the East line of said Collinsworth tract, passing the Northwest comer of Lot One, Block One per the Final Plat of B.F. Price Addition, as recorded in Cabinet C, Page 126 of the Plat Records of Denton County, Texas, at a distance of 10.00 feet, and continuing along the East line of said Collinsworth tract and the West line of said Lot One, for a total distance of 210.67 feet (210.70'— Deed) to a 1/2 inch iron rod with cap stamped "Alliance" found for comer at the Southeast comer of sold Collinsworth tract and the Southwest comer of said Lot One, said point also being in the North line of said 26.466 acre tract; THENCE North 89027'53" West (West — Deed) along the South line of said Collinsworth tract and the North line of said 26.466 acre tract, for a distance of 275.70 feet (275.67'— Deed) to the POINT OF BEGINNING, and containing 1.334 acres of land, more or less. TNP Project No. DME13222 —Collinsworth ALTA Survey EXHIBIT "B" Description of the Utility Line Areas Attached Hereto. Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit 'B" LEGAL DESCRIPTION ELECTRIC EASEMENTS Rayzor Investments, Ltd. Tract R if T rr� 7IT 1 fa'.iFWAT BEING a 1.558 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being a part of a called 76.36 acre tract of land described as Section Three, Tract Fourteen per Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a point for the Northwest comer of North Lakes Fire Station Addition, per the Final Plat recorded in Cabinet G, Page 330 of the Plat Records of Denton County, Texas, said point being in the East line of Bonnie Brae Street, a variable width right-of-way as dedicated by said Plat of North Lakes Fire Station Addition, said point also being in the South line of said 76.36 acre Tract Fourteen; THENCE South 88°3943" East, along the North line of said North Lakes Fire Station Addition and the South line of said Tract Fourteen, for a distance of 25.00 feet to the POINT OF BEGINNING; THENCE North 00037'52" East, departing the North line of said North Lakes Fire Station Addition and the South line of said Tract Fourteen, for a distance of 665.40 feet to a point for comer, THENCE North 00°42'43" East, for a distance of 931.56 feet to a point for corner located at the intersection with the South line of a called 0.631 acre tract of land as established by Denton City Council Ordinance No. 93-086 for Street and Utility purposes, and recorded in Document No. 93-035030 of the Real Property Records of Denton County, Texas; THENCE South 88°33'39" East, along the South line of said 0.631 acre tract, for a distance of 42.50 feet to a point for comer; THENCE South 00°4243" West, departing the South line of said 0.631 acre tract, for a distance of 930.99 feet to a point for comer; THENCE South 00°37'52" West, for a distance of 665.89 feet to a point for comer located at the Intersection with the North line of Lot 1, Block 1 of said North Lakes Fire Station Addition, and the South line of said Tract Fourteen, from which a concrete monument found at an angle point in the North line of said Lot 1 bears South 88°39'43" East a distance of 165.63 feet; THENCE North 88°3943" West, along the North line of said Lot 1 and the South line of said Tract Fourteen, passing the Northwest comer of said Lot 1, at a distance of 39.29 feet, and continuing for a total distance of 42.50 feet to the POINT OF BEGINNING, and containing 1.558 acres of land, more or less. 111r1111 BEING a 1.360 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being a part of a called 26.466 acre tract of land described as Section Three, Tract Thirteen per Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with cap stamped "Alliance" found at the Southeast comer of a called 1.334 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2016-25144 of the Official Records of Denton County, Texas, said point also being in the North line of said 26.466 acre Tract Thirteen; THENCE North 89027'53" West, along the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 209.84 feet to the POINT OF BEGINNING; THENCE South 00°27'15" West, departing the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 419.97 feet to a point for corner; THENCE South 00°42'43" West, for a distance of 974.15 feet to a point for comer located at the intersection with the North line of a called 0.631 acre tract of land as established by Denton City Council Ordinance No. 93-086 for Street OME13222 — Rayzor Investments Tract - Electric Easements Page 1 of 11 and Utility purposes, and recorded in Document No. 93-035030 of the Real Property Records of Denton County, Texas; THENCE North 88°33'39" West, along the North line of said 0.631 acre tract, for a distance of 42.50 feet to a point for corner; THENCE North 00°42'43" East, departing the North line of said 0.631 acre tract, for a distance of 973.52 feet to a point for corner; THENCE North 00°27'15" East, for a distance of 419.93 feet to a point for corner at the intersection with the North line of said Tract Thirteen and the South line of said 1.334 acre tract, from which a 1/2 inch iron rod found at the Southwest corner of said 1.334 acre tract bears North 89°27'53" West, a distance of 23.35 feet; THENCE South 89°27'53" East, along the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 42.50 feet to the POINT OF BEGINNING, and containing 1.360 acres of land, more or less. NO Bearings are referenced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent surface values utilizing an average combined scale factor of 1.000147317 to scale from grid to surface. Todd 0, Turner, R.P.L S. No. 4859 Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-383-4177 Date: August 17, 2016 *e0"F sST TODD IL 7URNM ................. ....... � .,. 4859 r SUR OME13222 — Rayzor Investments Tract - Electric Easements Page 2 of 11 LEGEND CALCULATEDPOIPIT O 12 IRON ROD FOUND UNLESS NOTED OTHERWISE crr CONTROLLING MONUMENT _ 'tL-LEF kIONE UTILITY POWER POLE ¢ GUY WIRE UTILITY SIGN UNLESS NOTED OTHERWISE FOM FIBER OPTIC MARKER VOL 4795, PG, 830 EASEMENT BOUNDARY -- PROPERTY LINE EXISTING EASEMENT _ APPROXIMATE SURVEY LINE - • _- �{ EXISTING CENTERUNE EDGE OF ASPHALT -----^C11E-- OVERHEAD ELECTRIC 11 Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone: NAD83(2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Fades of 1.000147317 to scale from grid to surface. 2. This exhibit was prepared without the benefit of a current this cotnmlbnenL Additional easements, rightsof way and/or other matters of record may effect this tract that are not shown hereon teaue nail & perkins 1517 Ceche P4" Drive, Su1N 320 DaMon, Texas 76205 940.359.4177 ph 940.369-5026 fx www.rn►irK.com EXHIBIT "B" EXISTING 15' GTE SOUTHWEST EASEMENT VOL. 3079, PG. 632 D.R.D.C.T. EXISTING 15' ELECTRIC EASEMENT VOL 519, PG. 165 D.R.D.C.T. 8 0 r • R VOL. 1796, PG. :1 • I" ':!: SAVEANDSCEPTY01L c ELECTRIC EASEMENT � R • .e. LOT 1, BLOCK NORTHa DDr; G, a 0 -- ELECTRIC EASEMENT NO. SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 3 OF 11 EXISTINGI 15' WATER LINE EASEMENT VOL 4795, PG, 830 R.P.R.D.C.T. SIDEWALK AND PUBLIC - UTILITY EASEMENT VOL. 2542, M. 51 D.R.D.C.T. POINT OF COM- _ __ I EE No. i of 5z' IZ "SPIE- lm S 8r tnipcc �-I 0 50 100 177M Z SCALE: 1"= 50°0 gal &OTES' 11 Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone: NAD83(2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Fades of 1.000147317 to scale from grid to surface. 2. This exhibit was prepared without the benefit of a current this cotnmlbnenL Additional easements, rightsof way and/or other matters of record may effect this tract that are not shown hereon teaue nail & perkins 1517 Ceche P4" Drive, Su1N 320 DaMon, Texas 76205 940.359.4177 ph 940.369-5026 fx www.rn►irK.com EXHIBIT "B" EXISTING 15' GTE SOUTHWEST EASEMENT VOL. 3079, PG. 632 D.R.D.C.T. EXISTING 15' ELECTRIC EASEMENT VOL 519, PG. 165 D.R.D.C.T. 8 0 r • R VOL. 1796, PG. :1 • I" ':!: SAVEANDSCEPTY01L c ELECTRIC EASEMENT � R • .e. LOT 1, BLOCK NORTHa DDr; G, a 0 -- ELECTRIC EASEMENT NO. SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 3 OF 11 MATCHLINEH. 3 OF 11 1. Bearings or lines shown hereon are referenced to Gid North of the Texas Coordinate System of 1903 (North Central Zone, NAD83(2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kklematic (RTK) methods, The distances shown hereon represent surface values uilll2ing an Average Combination Fades of 1.000147317 to scale from grid to surface. 2. This exhibit was prepared without the benefit of a current title commitment Additional easements, rights -of gray and/or other matters of record may anted this VACt that ura Mt shown hereon teaue nail & perkins mommilk MillipliM 1517 Centre Flare Drive, Sufte 320 Deneon, Texas 76203 i 960.383.4177 Fb 940.383.0026 fxA...... tnij r ELECTRIC EASEMENT A SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 4 OF 11 0 50 100 SCALE: 1"= 50' PY1141RIT "all EXISTING 16' ELECTRIC EASEMENT VOL. 519, PG. 16.5 D.R.D.C.T. 1 11.11 EXISTING 16' OTE SOUTHWEST EASEMENT VOL. 3079, PG. 632 D.R.D.C.T. EXISTING 16' WATER UNE EASEMENT VOL. 4795, PG. 830 R.P.R.D.C.T. i s VI-IT)c- ' e P Col. eo , EXISTING 20' ENERGY ASSETS OPERATING COMPANY EASEMENT DOC. NO. 2007-142652 R.P.R.D.C.T. L -- SEE SH. 4 OF 11 1a Bearings of lines shown hereon are referenced to Grid Nath tithe Texas Coordinate System of 1983 (North Central Zona: NAD63(2011) EPOCH 2D10) as derived locally from Western Data Systems Continuously Operating Reference �sOf .. � Stations (CORS) via Real Time Kinematic (RTK) methods. The d istanoas shown , t 8 T E • 4l hereon represent surface values utilizing an Average Combination Factor of ,+ gv . 1.000147317 to scale from grid to surface. ............................. 2. This exhibit was prepared wit the benefit of a title Commitment. TODD B. TURNER Additional easements, of -way ancifor other matters of record may affect gds ......................... t... treat l are not shownharem"'a a 485 v' tsaue Hall 8 parkin: I517 Cants Placa Drive, Sv1N 220 �\(" MMon, Texas 76208# 440.3113.41177 P 940.381.8026 1. Ax�o www.Mpine.eomn. Yh RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. BAVEAND EXCEPT VOL Bal, PG. 217 4111 t6i III j 771 it z ©a LEGEND A CALCULATED O 1121RON ROD FOUND UNLESS NOTED OTHERWISE - nn CONTROUJNO MONUMENT ®TR.EPNoW UNITY PO%ER POLE '..... GUY HARE .( UTILITY S" WUSS NOTED OTHERYNSE FOM FIBER OPTIC fdARNEI't EASEMENTPOUNDAR Y PROPERTY LICE !MISTING EASEMENT APPROXIMATE SURVEY LINE !MISTING CENTERLaE ......,.EDGE OF A8PK4LT E— — OVERHEAD ELECTRIC 1.558 ACRE _ w e SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 5 OF 11 EXHIBIT "B" E9 EXISTING 15r WATER LINE EASEMENT VOL. 4795, PG. 830 R.P.R.D.C.T. f EXISTING 15' ELECTRIC EASEMENT VOL. 519, PG.165 D.R.D.C.T. EXISTING 15' GTE SOW T VOL 3079, PG. 532 D.R.D. T. 'Qqj% ��°' 0 50 100 SCALE: I"= 50' C� I" 1. Bearings of lines shown hareon ere referenced to Grid North of BIe Texas Coordinate System of 1903 (North Central Zone: NADOX2011) EPOCH 2010) as derived locally from Western Date Systems Continuously Operating Rale Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from grid to surface. 2. This exhibit was prepared without the benefit of a Current IOIe commitment - Additional easements, rights-of-way and/or other metiers of record may affect this tract that are not shown hereon. league nail & perklns 1317 Can"® Flats Diva, Saba 320 Denton, Tawe 76205 Ti 1" 040.365.4177 Ph 940.383.0026 Pu 0 u rrr f` �-IWK49- Ji EXISTING 20' ENERGY ASSETS OPERATING COMPANY EASEMENT DOC. NO. 2007-142652 R.P.R.D.C.T. � tI .. •' ■j4% PLZ VOL. 1796, .G r SAVEAND M(CEPT VOL 097, PQ 217 LEGEND O 1112 IRON ROD FOUND UNLESS NOTED OTY EIMSE e CONTROLLING MONUMENT raEPF10NEUTRrfY ffi I P0mit POLE E Gus YefIE UMVY SIGN UN1.E85 WMD O74ERVNSE FOM I FIBER opm MARKER EASEMeW BOUNDARY PROPERTY LINE EXISTING EASEhREW –^ APPROXNATE SURVEY LINE - .._...�.... .� EXISTING CENTERLINE -- EDGE OF ASPKALT E®— OVERHEAD ELECTROC ELECTRIC EASEMENT IMO.1 SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 6 OF 11 LEGEND fA CALCULATEDPOWT _ O 112 IRON ROD FOUND UNLESS NOTED OTHERKISE CONTROLLING MONUMENT } TELEPHONE UTILITY POKER POLE Guym e UTILITY SION UNLESS NOTED OTHERWISE FOM FIBER OPTIC MARKER EASEMENT BOUNDARY PROPERTY LINE -- EXISTING EASEMENT -� - APPROXIMATE SURVEY LINE "— EXISTWG CENTERLINE EDGEOFASPHALT E— — OVERHEAD ELECTRIC STORM DRAIN MANHOLE APPRQXffiMTE`SURVEYUNE gni 5 AV, , 55, EXHIBIT"B"< Ci rti' w rl r CVM SO RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES 3 VOL. 1796, PG. 601 r D.R.D.C.T. Y . EXISTING 15' ELECTRIC EASEMENT a VOL. 619, PG. 165 x D.R.D.C.T. EXISTING 15' GTE SOUTHWEST EASEMENT VOL. 3079, PG. 632 D.R.D.C.T. IlILL [n NOTES., 1. Bearings of lines shown hereon are referenced to Grid Nath of the Texas Coordinate System of 1903 (North Central Zone: NAD83(2011) EPOCH 2010) as derived locally from Western Data Systems ConUnuousty Operating Refeaenco Stations (CORS) via Real Time Kinematic (RTK) methods. The clislances shown hereon represent surface values utilizing an Average Combination Fedor of 1.000147317 to scale from grid to surface. 2. This exhibit was prepared without the benefit of a cement litle canmltmeM. Additional easements, rights-of-way and/or other matters of record may affect this tract that are not shown hereon. t ue nail & perkins tn1011111111111, 1317 Canlr. Mace Drive, Saila 770 W inDr*ran, Ta.aa 76709 ELj 940.783.4177 Ph 940.987.80761. NOW www.MPIMROT a 2V DRAINAGE EASEMENT DOC. NO. 93-035031 R.P.MD.C.T. C17Y OF DENTON 0.631 ORDINANCE NO. IF: F9R STREET } UTILITY PURPOSES 6D NO. 9343aWO . . i -.-}.>. wwc- 16' PUBLIC UTILITY ENT DOC. NO. R.PJW.C.T. RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 78.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. SAVEAND EJfCEPT VOL 697, PG. 217 i LINE I BEARING DISTANCE L2 S 88°33'39" E 42.50' 1-11 ■ 558 ACRE ELECTRIC EASEMENT ■ SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON. DENTON COUNTY, TEXAS DME13222 SHEET 7 OF 11 CONC. GRAVEL DRIVE DRIVE r Af I I 1/2" IRF L t" (C" VO t✓ lF.a W7 t,1 . EXISTING 15 Ell-Er-ThIC EASE VOL. 519, PG. 165 D.R.D.C.T. SIGN RIGHT LANE MUSTTIM M871NG 15 GTE S+OUThl'INILT EASE 'k VOL. 3079, PG. 632 f).Rt D T. 0 50 100 SCALE: 1" = 50' LEGEND 4& 1 CALCULATED Powr y9m O 14 IRON ROD FOUND UNLESS NOTED OTHERWISE It, CONTROLLING MONUMENT 0j TELziewme UTILITY () ++•'"•,+, POWER POLE Tax GUYVME °� U ALM 630h UNLEU NOTED OT# RMS PdA FIBER OPTIC MARKER 1.000147317 to scale from grid to r EASEMENT_.BOUNDARY... PROP LM ---- EYJSTWG EASEMENT -mAPPROXIMATE SURVEY LINE EXISTWO CENTENME .��.�►,.-.'- EDGE OFA T 32.% ovFJtHEAo ELECTRIC FRAME ' f,OU3E f r, F. t CITY OF DENTON, TEXAS CALLED 1.334 ACRES DOC. NO. 2016-25144 O.R.D.C.T, N 89°2753" W 209.84' PROPERTYUNE POINT OF BEGINNING IEE No. 2 POINT OFI COMMENCING ��Byg�ygn EE_No. 2 1/2" OW "ALLIANCE' (CMJ IV RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. Fm. N 0 O O PVI=f± AALAWULM ./ ACRES MATCHLINE- SEE SH.9 OF 1i y9m 1. Bearings of Imes shown hereon are referenced to Grid North of the Texas Coordinate System of 1993 (North centred zone: NAD8X20I1) EPOCH 2010) as derived Maddy from western Date Systems Continuously operadfrg Relerertra () ++•'"•,+, Stations (CORS) via Real Time Klnematic (RTK) mirlhods. The diets n Tax hereat represent surface values ulllizing an Average, Combination Factor of °� UJ 1.000147317 to scale from grid to r N O ®y I Z 90 32.% I � FRAME ' f,OU3E f r, F. t CITY OF DENTON, TEXAS CALLED 1.334 ACRES DOC. NO. 2016-25144 O.R.D.C.T, N 89°2753" W 209.84' PROPERTYUNE POINT OF BEGINNING IEE No. 2 POINT OFI COMMENCING ��Byg�ygn EE_No. 2 1/2" OW "ALLIANCE' (CMJ IV RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. Fm. N 0 O O PVI=f± AALAWULM ./ ACRES MATCHLINE- SEE SH.9 OF 1i y9m 1. Bearings of Imes shown hereon are referenced to Grid North of the Texas Coordinate System of 1993 (North centred zone: NAD8X20I1) EPOCH 2010) as derived Maddy from western Date Systems Continuously operadfrg Relerertra () ++•'"•,+, Stations (CORS) via Real Time Klnematic (RTK) mirlhods. The diets n • O 1 $ T FRS +; hereat represent surface values ulllizing an Average, Combination Factor of °� 1.000147317 to scale from grid to 2, This exhibit was prepared without the benefit Of a Current War commitment +++++TODD B TURNER + Additional easements, fights -d -way and/or other matters of record may allied stns ..% .. • "•'•`"•" tract that nee nol shown h rcon. .F o 4859+•+ ,• Teague nail & perkins•,+ 4k1317 Centre piece Drlve, Suite 720 q n pDenton. Texas 76209 / 440.707.4177 ph 900.787.8026 rx ' www.Mpinc.com49 LINE BEARING I DISTANCE L1 S 89'27`53" E 1 42.50" I ACRE ELECTRIC EASEMENT • SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 8110 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 8 OF 11 EXHIBIT "B" Q, o a 8X1@ (ZOR INVESTMENTS, LTD. :TION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. 1 N TE : MATCHLINE- SEE SH. 10 OF 11 1. Bearings of lines shown hereon are referenced to Grid Nath of the Taxes Coordinate System of 1983 (North Central Zone: NADB3(2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Refomoce O F Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown -,! ;: ""'°+ hereon represent surface values utilizing an Average Combination Fedor of 1.000147317 to scala from grid to surface. 2. This exhibit was prepared without the benefit of a current title commitment."*' `" - 1360 ACRE Additional easements, rights-of-way "of other matters of record may affect this trod that are not shown hereon., TODD 8 TURNER "i;F� _ ELECTRIC A.. 4859 teaue nail & perkins ^'a' fi SITUATED IN THE N. MEISEN HAMER SURVEY, ABSTRACT NO. 810 1517 C.mre Ptaee wive, seiM s10 rr.mon.Texas7620 7' T1 CITY OF DENTON, DENTON COUNTY, TEXAS 949.863.4177,6 949.387.119761. I' l wervs.On®1mcm DME13222 SHEET 9 OF 11 EXHIBIT "B" LEGEND CALCULATED -POINT Si 1/1 IRON ROD FOUND UNLESS NOTED OTHERWSE -rmi CONT'R'OLLING MOMIMENT '.ff TELEPHONE UTRJTY '( POWER POLE GUY WIRE UTILE Y SKIN UNLESS NOTED OTHERWISE P1 FIBER OPTICMARKER _- EASEMENT BOUNDARY PROPERTY LINE EXISTING EASEMENT APPROXIMATE : SURVEY UP+E f EXISTING CENTERLINE . a - EDGE OF ASPHALT ••----�,dHjx— =JLOVERHEAO ELECTRIC , c.4'43 EXISTING 15' GTE SOUTHWEST VOL. 3079, PG. 632 D R D C T, DUSTING 1 W E I LECLIC EASEMEM VOL. 619, PG. 165 SEEP, 17, Irn' RAYZOR INVESTMENTS, LTD, SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. ELECTRIC EASEMENT No. 9.360 ACRES 0 50 100 — -- — .� SCALE: I"= 50' NOTES: I. Bearings of Imes shown hereon are referenced to Grid Nath dare Texas Coordinate System of 1983 (North Central Zone: NAD 11) EPOCH 2010) as derived locally from Western Oala Systems Continuously OperaSng Reference OF Stations (CORS) via Reel Time Klrwmatic (RTK) methods. The distances shown........... hereon represent surface values uUlWng an AverageCom FwAor d y . f} 1.000147317 to scale from grid to surface. 'w• 4 , tp 2. This exhibit was prepared without the benefit of a current title commitment. '« 1.360 Additional easements, rights -d -way and/or other matters of record may aNsct this TODD B TURNER /� UG aWelarenotshamhareaL ..% ............. « '"aS�7 •.. `• ELECTRIC T M Z League nall & perkins <ell«a SITUATED IN THE ^A, IS17 Comte►Ietelsdv%suih3" -10 N. MEISENHAMER SURVEY, ABSTRACT NO. 810 Deale4, Ta...17610% U R / CITY OF DENTON, DENTON COUNTY, TEXAS n p %0.093A177 ph %0.793.8026 in p/,/ I'F—.teplec.sem J/ I DME13222 SHEET 10 OF 11 EXHIBIT "B" EXISTING 16' ELECTkIC EA VOL. 519, PG. 165 DWD.C.T. EXISTING 15' GTE SOUTHWEST VOL. 3079, PG. 632 D.R.D.C.T. ccINV STC, LEGEND A CALCULATEDPOiN O 12 MON ROO FOUND UMESS NOTED 0714ERNS2..... cu CONTRO UN5 MONUMENT 4I1 TELEPHONE UTA POMR POLE f 'GUYVARE d UTILITY SIGN UNLESS NOTED FOM FI•ERCER EASEMENT W NdDARY --- PROPERTY LINE - g-- FXISTWO EASEMENT --_ F^ _- -.__-- ------ APPROXIMATE SURVEY LINE °® EXISTING OENTTEMME EDGE OF ASPHALT e—.- OVERHEA®ELECTRIC N97E& 1. Bearings of Imes shown hereon are referenced to Grid North of the Texas = dingle System of 1983 (North Central Zone: NAD83(2011) EPOCH 2010) as derived locally from Western Dale Systems Continuously OpersUng Reference Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Fagg of 1.000147317 to scale from grid to surface. 2. This exhibit was prepared without the benefit of a current title commtlment. Additional easements, rights-of-way andtor other matters of record may affect this track that are not shown ague nail & perkins IS S 17 Cowin® Place Wva, Sul% 3M Dellen. Taxes 76205 940.363A177 ph 040.382.3026 /x tn 'e-}, w Jnpiwc.com r RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. EASEMENTELECTRIC ■ 9.360 ACRES CITY OF DENTON 0.631 ACRES ORDINANCE NO. �. FOR STREETAND U71UTY PURPOSES DOC. NO. R.P.R.D.C.T. LINE I BEARING DISTANCE L2 I N 88'33'39" W-1 42.50' RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN CALLED 76.36 ACRES VOL, 1796, PG. 601 D.R.D.C.T. ..0F. Y *4859 1.360 ACRE ELECTRIC T NO. 2 SITUATED IN THE 7' ! N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 11 OF 11 EXHIBIT "C" Form of Deed Attached Hereto. Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit "C" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF DENTON § CITY OF DENTON, a Texas home rule municipal corporation ("Grantor"), for good and valuable consideration to it paid by RAYZOR INVESTMENTS, LTD., a Texas limited partnership ("Grantee"), whose mailing address is P.O. Box 336, Denton, Texas 76202, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto the Grantee that certain tract of land ("Land") described in Exhibit "A" hereto, together with all improvements thereon and all of Grantor's rights and interest, if any, in and to all roads, streets, alleys, privileges, association rights and easements belonging or appurtenant to the Land, and all development entitlements, permits, licenses and existing approvals of any governmental authority relating to the development, construction, use or operation of the Land (herein collectively called the "Property"). This Deed is executed by Grantor and accepted by Grantee subject to the following: (i) Assumed Taxes as hereinafter defined, (ii) any and all restrictions, reservations, covenants, conditions, rights-of-way, easements, and encumbrances of public record, (iii) the encumbrances and other matters listed in Exhibit "E" hereto, and (iv) all municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the Property (collectively, the "Permitted Encumbrances"). Grantor's Retained Easement: Grantor hereby retains from the conveyance of the Property the following perpetual and continuing easement rights within portions of the Property (the "Retained Easement"; the areas subject to the Retained Easement, the "Retained Easement Areas"), which Retained Easement is reserved for the benefit of Grantor as follows: A non-exclusive easement and right of use (the "Utility Easement") in, over, across, through, and under the area or areas described or depicted on Exhibit "C" attached hereto ("Utility Easement Area") for any of the following the purposes: installing, erecting, operating, maintaining and/or servicing one or more above ground electric transmission and/or distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components (collectively, the "Facilities"). Grantor will have the right to remove from the Retained Easement Areas, such fences, buildings, trees and vegetation and other obstructions as may now or hereafter be found upon Special Warranty Deed City to RIL Page 1 said Retained Easement Areas; but only to the extent necessary to complete the construction of the above described Facilities and maintain same thereafter; provided, however Grantor will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. The easement rights reserved herein include, subject to the herein below limitations, the right and privilege at all times of the Grantor herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon and across said Retained Easement Areas for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. Notwithstanding the foregoing, except for poles, surface structures, and appurtenances affixed to the surface of the ground in order to provide direct structural support reasonably necessary and ancillary to the operation of aerial Facilities, all Facilities will be located above said Retained Easement Areas at or above a vertical height that conforms to Denton Municipal Electric Standards and that meets or exceeds minimum vertical heights required by the National Electric Safety Code. Grantee shall have for itself, its successors and assigns, all rights in and to the Retained Easement Areas not herein specifically reserved by Grantor and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as the exercise of such rights and such use does not unreasonably interfere with the rights herein reserved by Grantor, and these Grantee rights shall specifically include the right of passage over the Retained Easement Areas. Grantee, its successors and assigns shall have the right to use the Retained Easement Areas for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other utility lines and facilities ("Grantee Facilities"), including the right to construct on the surface of the Retained Easement Areas, landscaping at or above grade (including turf, perennials, annuals and ground cover, but excluding trees), paving and fencing (the "Permitted Improvements") and to use the surface of the Retained Easement Areas for the parking of motor vehicles and trailers, all as necessary or desired in connection with Grantee's use and/or development of the Property so long as Grantee's use of such groundspace does not unreasonably interfere with the rights herein retained by Grantor. In the event that Grantee, or Grantee's successors and assigns, chooses to locate Grantee Facilities within the Retained Easement Areas then the following shall apply: (i) Grantee's installation of any of Grantee's Facilities within the Retained Easement Areas shall be subject to the Denton Development Code and shall be subject to removal if the same interfere with the rights herein retained by Grantor. (ii) such Grantee Facilities shall only cross the Retained Easement Areas at not less than a 45 degree angle and no greater than a 90 degree angle to the centerline of the Retained Easement Areas, and there shall be no longitudinal installation of any of Grantee Facilities, including, but not limited to, fencing and pipelines of any type, within the Retained Easement Areas. (iii) if such Grantee Facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed Facilities. (iv) prior to construction or installation of Grantee Facilities within the Retained Easement Areas by Grantee or its successors or assigns, complete construction plans depicting the proposed Grantee Facilities shall be submitted to the City Engineer of the City of Denton ("City Engineer") for approval. Such approval will not be unreasonably withheld, conditioned or delayed. Any Special Warranty Deed City to RIL Page 2 installation or construction of non -approved Grantee Facilities shall be at -risk for future adjustment or relocation at the sole cost and expense of the owner of the Grantee Facilities. (v) within 60 days after completion of construction of Grantee Facilities, Grantee, or its successors or assigns, shall submit to the City Engineer complete as -built construction plans of the Grantee Facilities. (vi) if the installation of the Grantee Facilities disturbs the Facilities or Access Improvements (a "Grantee Installation Disturbance"), then upon completion of the installation of the Grantee Facilities, Grantee shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantee Facilities using industry standard materials and methods; provided, however, in remedying any Grantee Installation Disturbance, Grantee will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantee Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then -current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantor's responsibility and at its sole cost and expense. (vii) in all cases where there will be joint use of the Retained Easement Areas by Grantee and Grantor, or their successors or assigns, such parties agree to act reasonably, in good faith and in full cooperation with the other(s) to assure that the parties' respective facilities and operations within the Retained Easement Areas will not conflict or create safety issues caused by such joint usage and will not endanger or interfere with the construction, efficiency or convenient operation and maintenance of the respective facilities so installed and operated. Grantor, at its sole cost and expense, shall perform or cause to be performed all work necessary in connection with any Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be performed, Grantor shall make adequate provisions for the safety and convenience of Grantee, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantee's contractors and subcontractors. Grantor shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantee shall have no obli ation monetary or non-monetaM to maintain the Retained Easement Areas. Once easement activities of Grantor hereunder have commenced, Grantor shall take reasonable steps to prosecute the completion of its Facilities or other activities diligently and continuously and in a manner designed to expedite the completion of its Facilities and activities and to avoid unreasonable or material interference with the business activities of Grantee. To the extent safety permits as solely determined by Grantor, Grantor shall provide Grantee, its agents, employees and invitees with reasonable access over and across the Retained Special Warranty Deed City to RIL Page 3 Easement Areas, for vehicular and pedestrian traffic, to and from the Property and public rights of way adjoining the Property. Grantee agrees to assume and be solely responsible for payment of all ad valorem and similar taxes and assessments affecting the Property for the year 2017 (the "Assumed Taxes") and Grantee covenants and agrees to pay such amounts to the appropriate taxing authorities on or before delinquency thereof and shall indemnify and hold Grantor harmless from and against any and all such taxes and subsequent assessments and all interest and penalties thereon. TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its legal representatives, successors, and assigns forever; and Grantor does hereby bind itself, its legal representatives, successors, and assigns to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Encumbrances, unto Grantee, its legal representatives, successors, and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. WITNESS THE EXECUTION HEREOF on the dates indicated in the acknowledgements below, but to be effective for all purposes as of the day of , 2017. [Signature Page Below] Special Warranty Deed City to RIL Page 4 Special Warranty Deed Signature Page GRANTOR: CITY OF DENTON, a Texas home rule municipal corporation 0 TODD HILEMAN, CITY MANAGER Executed by City of Denton on the day of 2017. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: Notice address: City of Denton, Texas — City Attorney 215 E. McKinney Street Denton, Texas 76201 Tel. No. (940) 349-8333 Fax No. (940) 382-7923 After recording, return to: Rayzor Investments, Ltd. c/o The Rayzor Company P. O. Box 336 Denton, Texas 76202-0336 EXHIBIT A Property Description LEGAL DESCRIP71ON BEING a 1.334 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being known as that tract of land described in a Deed to Deborah Collinsworth, as recorded in Document No. 99-127801 of the Real Property Records of Denton County. Texas, and being more particularly described as follows: BEGINNING at a 112 inch iron rod found for comer in the East line of Bonnie Brae St (a variable Width right -off y, said point being the Southwest comer of the above cited Collinsworth tract, said point also being In the North line of a called 26.466 acre tract of land described as Section 3, Tract Thirteen In a Deed to Rayzor Investments, Ltd., as recorded In Volume 1796, Page 601 of the Deet! Records of Denton County, Texas, from which the Northwest comer of said 26.466 acre tract bears North 89'27'53" West a distance of 1.65 feet; THENCE North 0036'10" East (North - vd) ,along the East line of said Bonnie Brae Street, for a distance of 210.92 feet (210.70' -Deed) to a 1/2 Inch capped Iron rod found for comer at the WorsectIon of the East One of sold Bonnie Brae Street with the South line of Riney Road (a variable width right-of- way), ight-ofway), said point being the Northwest comer of sold Collinsworth tract; THENCE South 89°2449` East (East - Deeo along the South line of said Riney Road, for a distance of 275.64 feet (275.67'- Deed) to a 518 Inch iron rod with cap stamped "TMP" set for corner at the Northeast comer of said Collinsworth tract; THENCE South 00°3511' West (South - Deed) departing the South line of said Riney Road, and along the East line of said Collinsworth tract. passing the Northwest comer of Lot One, Block One per the Final Plat of B -F. Price Addition, as recorded In Cabinet C, Page 126 of the Plat Records of Denton County, Texas, at a distance of 10.00 feet, and continuing along the East line of said Collinsworth tract and the West line of said Lot One, for a total distance of 210.67 feet (210.70'- Deed) to a 112 inch Iron rod with cap stamped "Alliance" bund for comer at the Southeast comer of sold Collinsworth tract and the Southwest comer of sold Lot One, sold point also being In the North line of said 26.466 acre tract; THENCE North 89'27'53" West (West - Deno along the South line of said Collinsworth tract and the North One of said 26.466 acre tract, for a distance of 273.70 feet (275.67'- Deed) to the POINT OF BEGINNING, and containing 1.334 acres of land, more or less. Special Warranty Deed City to RIL Exhibit "A" EXHIBIT_B [Copy and Paste Title Commitment Special Exceptions, If Any] Special Warranty Deed City to RIL Exhibit "B" EXHIBIT "C" Utility Easement Area Legal Description and Map Drawing Attached Hereto Special Warranty Deed City to RIL Exhibit "C" ELECTRIC EASEMENT RESERVATION City of Denton Tract BEING a 0.491 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being part of a called 1.334 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2016-25144 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for comer in the East line of Bonnie Brae Street (a variable width right-of- way), said point being the Southwest comer of the above cited 1.334 acre tract, said point also being in the North line of a called 26.466 acre tract of land described as Section 3, Tract Thirteen in a Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, from which the Northwest corner of said 26.466 acre tract bears North 89°27'53" West a distance of 1.65 feet; THENCE South 89°27'53" East along the South line of said 1.334 acre tract and the North line of said 26.466 acre tract, for a distance of 23.35 feet to a 5/8 inch iron rod with cap stamped "TNP" set for comer at the POINT OF BEGINNING for the herein described easement; THENCE North 00°27'15" East departing the South line of said 1.334 acre tract and the North line of said 26.466 acre tract, for a distance of 178.53 feet to a 5/8 inch iron rod with cap stamped "TNP" set for comer; THENCE North 45°34'43" East for a distance of 28.22 feet to a 5/8 inch iron rod with cap stamped "TNP" set for comer, THENCE South 89017'49" East for a distance of 232.80 feet to a 5/8 inch iron rod with cap stamped "TNP" set for comer in the East line of said 1.334 acre tract, said point also being in the West line of Lot One, Block One per the Final Plat of B.F. Price Addition, as recorded in Cabinet C, Page 126 of the Plat Records of Denton County, Texas, from which a /8 inch iron rod with cap stamped "TNP" found for the Northeast corner of said 1.334 acre tract bears North 00°3611" East a distance of 12.88 feet; THENCE South 00°35'11" West along the East line of said 1.334 acre tract and the West line of said Lot One, for a distance of 62.50 feet to a point for comer, from which a 1/2 inch iron rod with cap stamped "Alliance" found for the Southeast comer of said 1.334 acre tract and the Southwest comer of said Lot One bears South 0003511" West a distance of 135.29 feet; THENCE North 89017'49" West departing the East line of said 1.334 acre tract and the West line of said Lot One, for a distance of 210.16 feet to a point for comer; THENCE South 00°27'15" West for a distance of 135.91 feet to a point for comer in the South line of said 1.334 acre tract and the North line of said 26.466 acre tract; THENCE North 89°27'53" West along the South line of said 1.334 acre tract and the North line of said 26.466 acre tract, for a distance of 42.50 feet to the POINT OF BEGINNING, and containing 0.491 acres of land, more or less. NOTE, Bearings are referenced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NA08 (2011) Epoch 20117) as derived locally from Western Data Systems Continuously Operating Reference Stations {CO S) via Real Time Kinematic (RTIK) survey methods. Distances represent surface values utilizing an average combination scale factor of 1.000147317 to scale from grid to surface. JA -& 4-- =:: � � -- - Todd B. Turner, R.P.L.S. No. 4859 Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-383-4177 Date: May 16, 2016 0.491 Acne Electric Easement Reservation - City of Denton Tract Page 1 of 2 I NORTH LAKES SUBSTATION ADDITION DOC. NO. 201&148 P.R.D.C.T. LOT3 `�. l5'71Yv"CJPoGHT-0FWAY EXISTING 16 EILECWC EA'3EMENT O PIAT JUDGEMENT VOL 524, P0.119 RINEY ROAD -FRARVAILE wwm FO o SEA C.Ate'YI :.. CAr Arxx S 89017'49' E 232.80" 82.4' N 89017149" W 21+x&166 N '. 'S 89027'53" E 209.84' IMT OF I [1l IH RAYZOR INVESTMENTS, LTD. SECTION 3. TRACT THIRTEEN CALLED 2CA80 ACRES I VOL 1788, Pa. 601 I D.R.D.C.T. 4 FP ti f�MExtAn315°OTE ENT VOL 3M, PG. 632 I D.R.D.C.T. I) ( E)OSTINC 16" ELECTRIC EASEMENT VOL 519, PG.165 60 G D.R.D.C.T. q 1ry I ® SCALE: 1" = 60' 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) EPOCH 2010) as derived locally from Weslem Data Systems Conllrxrously Operating Reference Stations (CORS) via Real TOAs Kinematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from grid to soba*. 2. This survey was prepared with benefit of that certain Tide Commitment, OF No. 156339, with effective dale of February 9, 2016, provided by Title Resources Guaranty Company. For easements, rightsoflvay and/or otter maters of record that may affect this tract, the surveyor relied solely on sold title commitment teague pall At perkins 1317 Caa"a Placa Drive, Sall& 720 t W 'M Canton, Texas 76205 940.as.1.4in ph w0.5e3.eo26 lx I- F I'm No. toot Joel OF ,,,STL 0- LOT 1 og�00 ,� & B+iAI& t6 FENCE 4%x7rlrlUtTE SURVEYfJNE ..�, ASPFIALT ,w TTNA' "r1 2,88' LEGEND ® CALCULATED POINT O 1r2 IRON ROD FOUND UNLESS NOTED OTHERMSE 10 6/8 CAPPED IRON ROD STAMPED'TNP° SET GNd CONTROLLR4(K WMUW14T ELECTRIC LA=TER CEM) ISI, POWER POLE _ llTILRY 610N UNLESS NOTED OTHERWISE O.R.D.C.T, I OFFICIAL RECORDS DENTON COUNTY TEXAS P.R.D.C.T. PIAT RECORDS DENTON COUNTY TEXAS D.R.D.C.T. I DEED RECORDS DENTON COUNTY TEXAS ------- -_-_-_ EASEMENT BOUNDARY PROPERTY LONE - —�. '.. EXISTING EASEMENT LINE —_... APPlrO-MWE SURVO-!Y LONE —OHE— EXISTING OVERHEAD ELECTRIC LINE LINE TABLE LlN BLAIIhIO �D[25t.7AN L1 N 45'34'4' E22' 1 L2 I N 89"27'53" W 1 42.50 EXHIBITN N B TURNERELECTRIC EASEMENT VIf sry.rtsr.....e.v:..i.r..c.r�rw 4su4859, BEING 0.491 ACRES SITUATED IN THE , D?� N. MEISENHAMER SURVEY, ABSTRACT NO. 810 R'j 4 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 2 OF 2 LOT ONE BLOCK ONE 0B LV .F. PRICE ADDITION CAB. C. PG. 128 P.R.D.C.T. n o o a0 ®� O co VZ'GRF 11 ALLIANCE' LEGEND ® CALCULATED POINT O 1r2 IRON ROD FOUND UNLESS NOTED OTHERMSE 10 6/8 CAPPED IRON ROD STAMPED'TNP° SET GNd CONTROLLR4(K WMUW14T ELECTRIC LA=TER CEM) ISI, POWER POLE _ llTILRY 610N UNLESS NOTED OTHERWISE O.R.D.C.T, I OFFICIAL RECORDS DENTON COUNTY TEXAS P.R.D.C.T. PIAT RECORDS DENTON COUNTY TEXAS D.R.D.C.T. I DEED RECORDS DENTON COUNTY TEXAS ------- -_-_-_ EASEMENT BOUNDARY PROPERTY LONE - —�. '.. EXISTING EASEMENT LINE —_... APPlrO-MWE SURVO-!Y LONE —OHE— EXISTING OVERHEAD ELECTRIC LINE LINE TABLE LlN BLAIIhIO �D[25t.7AN L1 N 45'34'4' E22' 1 L2 I N 89"27'53" W 1 42.50 EXHIBITN N B TURNERELECTRIC EASEMENT VIf sry.rtsr.....e.v:..i.r..c.r�rw 4su4859, BEING 0.491 ACRES SITUATED IN THE , D?� N. MEISENHAMER SURVEY, ABSTRACT NO. 810 R'j 4 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 2 OF 2 EXHIBIT "D" Form of Dedication Deed Attached Hereto. Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit 'D" STREET RIGHT-OF-WAY DEDICATION DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT RAYZOR INVESTMENTS, LTD., a Texas limited partnership (whose mailing address is P.O. Box 336, Denton, Texas 76202), hereinafter called "Grantor," for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a home rule municipal corporation (whose mailing address is 215 E. McKinney Street, Denton, Texas 76201), hereinafter called "Grantee," the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, GIVE and CONVEY unto the Grantee all of Grantor's interest, if any, in that certain tract or parcel of land containing approximately 0.190 acres of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all, and singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets, alleys or rights-of-way, hereinafter collectively called the "Property." The Property is conveyed to Grantee to be used only for the following purposes (collectively, the "Permitted Purposes"): the construction, operation, use, maintenance, repair, alteration and replacement of a paved public street, and for all other purposes for which a public street is commonly used, including installing, repairing, maintaining, altering, replacing, relocating and operating utilities in, into, upon, over, across and under said Property. This conveyance is given and accepted subject to any and all restrictions, reservations, covenants, conditions, rights-of-way, easements, and encumbrances, of record, if any, and all municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the herein -described Property and any other matters affecting the Property which would be disclosed by a physical inspection of the Property or an accurate survey of the Property (herein called the "Permitted Encumbrances"). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the subsurface minerals of every kind and nature, including but not limited to oil, gas, and casing- head gas (the "Reserved Resources"), located in, under, and that may be produced from the Property. Grantor waives and releases, on behalf of Grantor and Grantor's successors and assigns, all rights of ingress and egress and all other rights to enter upon or to use the surface of the Property or any part thereof for purposes of exploring for, developing and/or producing the Reserved Resources in and under the Property; provided, however, nothing herein shall prevent Grantor or its successors and assigns from exploring for, developing and/or producing the Reserved Resources in and under the Property by pooling or by directional drilling under the Property from well sites located on other property. In no event shall Grantor have any liability or responsibility for any surface damage or injury to property or person as a result of the exploration and/or production of the Reserved Dedication Deed Page 1 Resources by any mineral lessee of Grantor, and Grantee agrees that Grantee shall pursue any such claims solely against such mineral lessee, however, any and all mineral lessee(s) shall exercise due regard for the Grantee's surface rights granted herein including reasonable measures to insure direct support of the surface estate. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. EXECUTED this day of , 2017. RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, A Texas corporation, its general partner M Philip A. Baker, Vice President STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me this day of , 2017 by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Printed name: My commission expires: Dedication Deed Page 2 Accepted this day of _ , 2017 for the City of Denton, Texas (Resolution No. M Paul Williamson Real Estate Manager After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson Dedication Deed Page 3 EXHIBIT "A" Description of the Property [Attached Hereto] Dedication Deed Exhibit "A" EXHIBIT "A" DEDICATION TRACT City of Denton Tract BEING a 0.190 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being part of a called 1.334 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2016-25144 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner in the East line of Bonnie Brae Street (a variable width right-of- way), said point being the Southwest comer of the above cited 1.334 acre tract, said point also being in the North line of a called 26.466 acre tract of land described as Section 3, Tract Thirteen in a Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, from which the Northwest comer of said 26.466 acre tract bears North 89°27'53" West a distance of 1.65 feet; THENCE North 00°36'10" East along the East line of said Bonnie Brae Street, for a distance of 210.92 feet to a 1/2 inch capped iron rod found for comer at the intersection of the East line of said Bonnie Brae Street with the South line of Riney Road (a variable width right-of-way), said point being the Northwest comer of said 1.334 acre tract; THENCE South 89°2449" East along the South line of said Riney Road, for a distance of 275.64 feet to a 5/8 inch iron rod with cap stamped "TNP" found for the Northeast comer of said 1.334 acre tract; THENCE South 00035'11" West departing the South line of said Riney Road, and along the East line of said 1.334 acre tract, passing the Northwest comer of Lot One, Block One per the Final Plat of B.F. Price Addition, as recorded in Cabinet C, Page 126 of the Plat Records of Denton County, Texas, at a distance of 10.00 feet, and continuing along the East line of said 1.334 acre tract and the West line of said Lot One, for a total distance of 12.88 feet to a 5/8 inch iron rod with cap stamped "TNP" set for comer, from which a 1/2 inch iron rod with cap stamped "Alliance" found for the Southeast comer of said 1.334 acre tract and the Southwest comer of said Lot One bears South 00°35'11" West a distance of 197.79 feet; THENCE North 89°17'49" West departing the East line of said 1.334 acre tract and the West line of said Lot One, for a distance of 232.80 feet to a 5/8 inch iron rod with cap stamped "TNP" set for comer; THENCE South 45°34'43" West for a distance of 28.22 feet to a 518 inch iron rod with cap stamped "TNP" set for comer; THENCE South 00°27'15" West for a distance of 178.53 feet to a 5/8 inch iron rod with cap stamped "TNP" set for corner in the South line of said 1.334 acre tract and the North line of said 26.466 acre tract; THENCE North 89"2T53" West along the South line of said 1.334 acre tract and the North line of said 26.466 acre tract for a distance of 23.35 feet to the POINT OF BEGINNING, and containing 0.190 acres of land, more or less. NOTE. Bearings are referenced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NAD83(2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent surface values utilizing an average combination scale factor of 1.000147317 to scale from grid to surface. Field work was completed in May 2016. Todd B. Turner, R.P.L.S. No. 4859 Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-383-4177 Date: May 16, 2016 Revised: January 6, 2017 (Rename as Dedication Tract) 0.190 Acne Dedication Tract Page 1 of 2 S 89027'53" E 252.34' VOL 1794 PO. 00/ 864RS RAYZOR INVESTMENTS. LTD. N 69.2r5r W- IM SECTION 3. TRACT THIRTEEN I VOL 3076. PG. 632 CALLED 28A66 ACRES D.IZD.C.T. EASEMENT BOUNDARY EXISTING IV ELECTRIC EASEMENT VOL. 1790. PG. 601 VOL 619. PG. 185 r -OHE- - --OHE- - - DAD.C.T. X-60 J a O 12 IRON ROD FOUND UNLESS NOTED OTHERWISE O 616 CAPPED IRON ROD STAMPED -TN- 3ET E34"fM 111 GTE SOUITHYVESa'T EASEMENT rE ELECTRIC METER (EM) _ 1% PO POLE(FPJ 4 UTILITY SIGN UNLESS NGIED 0Tr4rRWISE VOL 3076. PG. 632 i D.IZD.C.T. EASEMENT BOUNDARY EXISTING IV ELECTRIC EASEMENT PROPERTY UNE VOL 619. PG. 185 r -OHE- - --OHE- - - DR.D.C.T. 0 60 120 i I NOTES., SCALE: 1" = 60' 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1963 (North Central Zone: NAD83(2DII) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Nnematb (RTK) methods. The distances spawn hereon represent surface values utll&Jng an Average Combination Factor of 1.000147317 to scale from grid to surface. Field work was completed in May 2016. 2. This survey was prepared with benefit of that certain Title Commitment, GF No. 156339, with effective date of February 9, 2016, provided by TitleResources Guaranty Company. For easements, rights -0f -way andfor other matters of record that may affect this tract. the surveyor relied solely on sold title commitment. League nail & perkins 1517 Comte tau Drlw. Salle ale t mopqm IV n Denton, Texan 76205 t 940.353.4177 ph (40.363.11016 fx www.trgWnc. m T.6.P.LS. Flrm Ne. 10011601 Ua PROJECTS4DMH 3222 DME CIP 5ann- Aa—lo arca. la. t.Srarth toketi Mcrad\ri r 13222 COD DEDICATION TRACTA LEGEND – A CALCULATED POINT O 12 IRON ROD FOUND UNLESS NOTED OTHERWISE O 616 CAPPED IRON ROD STAMPED -TN- 3ET CONTROLLING MONUMENT rE ELECTRIC METER (EM) _ 1% PO POLE(FPJ 4 UTILITY SIGN UNLESS NGIED 0Tr4rRWISE O.R.O.C.T. OFFICIAL RECORDS DEMON COUNTY TEXAS P.RD.C.T. PLAT RECORDS OENTON COUNTY TEXAS D.RD.C.T, DEED RECORDS DEMON COUNTY TEXAS EASEMENT BOUNDARY S 00.35.11 " W PROPERTY UNE _ - -- - EXISTING EASEMENT LINE APPROXIMATE SURVEY UNE -OHE- - --OHE- - - EXISTING OVERHEAD ELECTRIC LINE TRACTDEDICATION BEING 0.190 ACRES SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 2 OF 2 LINE TABLE LINEw BEARING DIS`rANCE L1 S 00.35.11 " W 12.88' L2 I S 45'34'43" W 28.22' L3 N 89'2753" W 23.35' TRACTDEDICATION BEING 0.190 ACRES SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 2 OF 2 EXHIBIT "E" Form of Tract Clearance Statement Attached Hereto. Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit "E" TRACT CLEARANCE STATEMENT THIS TRACT CLEARANCE STATEMENT ("Statement") is made effective as of _, 2017, by the _ _ Department of the CITY OF DENTON, a Texas municipal home rule corporation ("Denton") for the purpose of confirming to RAYZOR INVESTMENTS, LTD., a Texas limited partnership (the "Rayzor") that the Property (defined below) has been cleared and cleaned. A. Rayzor is acquiring from Denton certain property, approximately 1.334 acres in area, situated in the southeast corner of the intersection of Bonnie Brae Street and Riney Road, in Denton, Texas (the "Property"). Denton has agreed to raze and clear the Property of all improvements and deliver written confirmation that all improvements and that all refuse and debris have been cleaned from the Property ("Clearance Work"). Section 1. Denton represents to Rayzor that its Clearance Work on the Property is complete, and Denton further represents and certifies that it has completed the following: Denton razed all improvements which existed on the Property prior to Rayzor's acquisition thereof, including a house, storm shelter, and other permanent structures. Denton cleared all other improvements and paved areas from the Property. Denton has cleaned all refuse and debris from the Property and confirms that the Property has not been damaged or polluted by Denton's Clearance Work. Section 2. Upon execution of this Statement, Rayzor hereby acknowledges its reasonable satisfaction with Denton's performance of the improvement Clearance Work described in Section 1, subject to Denton's representations. IN WITNESS WHEREOF, the parties have executed this Statement in the manner appropriate to each, effective as of the date referenced in the first paragraph hereof. RAYZOR: RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner Philip A. Baker, Vice President: DENTON: City of Denton, a Texas home rule municipal corporation By: Name: Title: Dept.: EXHIBIT "F" Form of Utility Easement Instrument Attached Hereto. Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit "F" UTILITY EASEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, RAYZOR INVESTMENTS, LTD., whether one or more, hereinafter called "Grantor," for good and valuable consideration to Grantor in hand provided by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell and convey to the Grantee, a perpetual easement and the free and uninterrupted use, liberty and privilege of the passage in, along, upon, under and across certain property areas, owned by Grantor and situated in Denton County, Texas, and being more particularly described on Exhibit "A" and illustrated on Exhibit "B" attached hereto and made a part hereof by reference as if fully set forth herein (such property areas, collectively, the "Utility Easement Property"). The property areas owned by Grantor and situated in Denton County, Texas which includes and adjoins the Utility Easement Property is referred to as the "Grantor's Property". All of Grantor's Property, which is outside of the Utility Easement Property, is herein after referred to as "Grantor's Adjoining Property." 1. As used herein, the term "Grantor" shall include not only Grantor, but the successors and assigns of Grantor. As used herein, the term "Grantee" shall include not only Grantee, but the successors and assigns of Grantee. As used herein, the term "City" refers to the City of Denton, Texas. 2. And it is further agreed that Grantee, in consideration of the benefits above set out, will have the right to remove from the Utility Easement Property, such fences, buildings, trees and vegetation and other obstructions as may now or hereafter be found upon said Utility Easement Property; but only to the extent necessary to complete the construction of the below described Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts that are necessary to minimize interference with and removal of any of such items. 3. The easement rights granted herein are for the purposes of installing, erecting, operating, maintaining and/or servicing: (i) one or more above ground electric transmission and/or distribution power and/or communication lines, each consisting of a variable number of wires and cables, along with all necessary, convenient or desirable appurtenances, attachments and supporting structures, including without limitation, foundations, guy wires and guy anchorages, and structural components. 4. The matters described in the above paragraph (i) are collectively referred to herein as the "Facilities". The easement rights granted herein include, subject to the herein below limitations, the right and privilege at all times of the Grantee herein, it or its agents, employees, workmen and representatives to have ingress, egress, and regress in, along, upon Utility Easement — Page 1 and across said Utility Easement Property for the purpose of making additions to, improvements on and repairs to said Facilities or any part thereof. 5. Notwithstanding the foregoing, except for poles, surface structures, and appurtenances affixed to the surface of the ground in order to provide direct structural support reasonably necessary and ancillary to the operation of aerial Facilities, all Facilities will be located above said Utility Easement Property at or above a vertical height that conforms to Denton Municipal Electric Standards and that meets or exceeds minimum vertical heights required by the National Electric Safety Code. 6. Grantor hereby further reserves to itself, its successors and assigns, all rights in and to the Utility Easement Property not herein specifically granted to Grantee and the right to use and enjoy the surface and subsurface thereof for any and all purposes whatsoever, so long as the exercise of such rights and such use does not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the right of passage over the Utility Easement Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to use the Utility Easement Property for the location, construction, reconstruction, relocation and operation of such pipelines, transmission lines, drainage lines and other utility lines and facilities ("Grantor Facilities") and Grantor retains the right to construct on the surface of the Utility Easement Property, landscaping at or above grade (including turf, perennials, annuals and ground cover, but excluding trees), paving and fencing (the "Permitted Improvements") and to use the surface of the Utility Easement Property for the parking of motor vehicles and trailers, all as necessary or desired in connection with Grantor's use and/or development of the Grantor's Property so long as Grantor's use of such groundspace does not unreasonably interfere with the rights herein granted to Grantee and complies with the Denton Development Code. In the event that Grantor, or Grantor's successors and assigns, chooses to locate Grantor Facilities within the Utility Easement Property pursuant to Grantor's reservation of its right to do so then the following shall apply: (i) Grantor's installation of any of Grantor's Facilities within the Retained Easement Areas shall be subject to the Denton Development Code and shall be subject to removal if the same interfere with the rights herein retained by Grantee. (ii) such Grantor Facilities shall only cross the Utility Easement Property at not less than a 45 degree angle and no greater than a 90 degree angle to the centerline of the Easement Property, and there shall be no longitudinal installation of any of Grantor Facilities, including, but not limited to, fencing and pipelines of any type, within the Utility Easement Property. (iii) if such Grantor Facilities are underground they shall be installed so as to maintain reasonable clearance from any existing or proposed Facilities. (iv) prior to construction or installation of Grantor Facilities within the Utility Easement Property by Grantor or its successors or assigns, complete construction plans depicting the proposed Grantor Facilities shall be submitted to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld, conditioned or delayed. Any installation or construction of non -approved Grantor Facilities shall be at -risk for future adjustment or relocation at the sole cost and expense of the owner of the Grantor Facilities. Utility Easement — Page 2 (v) within 60 days after completion of construction of Grantor Facilities, Grantor, or its successors or assigns, shall submit to the City Engineer complete as -built construction plans of the Grantor Facilities. (vi) if the installation of the Grantor Facilities disturbs the Facilities (a "Grantor Installation Disturbance"), then upon completion of the installation of the Grantor Facilities, Grantor shall promptly restore the Facilities to substantially the same condition as existed immediately prior to the installation of the Grantor Facilities using industry standard materials and methods; provided, however, in remedying any Grantor Installation Disturbance, Grantor will not be required to incur any cost or obligation to improve, expand or upgrade the Facilities to a state or condition exceeding the condition that existed immediately prior to the installation of the Grantor Facilities, including without limitation any improvements, expansions or upgrades to the Facilities necessary to comply with then -current applicable federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders, which improvements, expansions or upgrades shall be Grantee's responsibility and at its sole cost and expense as set forth hereinbelow. (vii) in all cases where there will be joint use of the Utility Easement Property by Grantee and Grantor, or their successors or assigns, such parties agree to act reasonably, in good faith and in full cooperation with the other(s) to assure that the parties' respective facilities and operations within the Utility Easement Property will not conflict or create safety issues caused by such joint usage and will not endanger or interfere with the construction, efficiency, or convenient operation and maintenance of the respective facilities so installed and operated. 7. The grant of easement rights hereunder is made subject to any of the following as they relate to the Easement Property: (i) any prior mineral conveyances or reservations of public record, (ii) easements, restrictions, claims, rights of way, encroachments or other encumbrances or other matters of public record, (iii) all municipal or other governmental zoning laws, regulations and ordinances and (iv) any other matters affecting this Easement or the Utility Easement Property which are of public record or would be disclosed by a physical inspection of the Utility Easement Property and/or an accurate survey of the Utility Easement Property. 8. The easement for the Utility Easement Property as provided for herein is made on an "AS IS" basis, and Grantee expressly acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW. The easement rights conveyed hereunder do not include any right or interest whatsoever in any minerals in, under or that may be produced from the Utility Easement Property. 9. Grantee, at its sole cost and expense, shall perform or cause to be performed all work necessary in connection with the Facilities (the "Work") in a good and workmanlike manner in conformance with sound and acceptable engineering practices as expeditiously as possible. In performing the Work or causing the Work to be performed, Grantee shall make adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all of the Work to be cleaned up promptly in order to minimize disruption or inconvenience, and coordinate the Work with Grantor's contractors and subcontractors. Grantee shall at all times construct, keep, maintain, use, operate or remove the Facilities in a safe manner and in full compliance with all applicable Utility Easement — Page 3 federal, state, municipal, or other laws, statutes, codes, restrictions, regulations, ordinances and orders. Grantor shall have no obligation, rnoneta[y or non-monet rye to maintain the Utiliity Easement Property. Once easement activities of Grantee hereunder have commenced, Grantee shall take reasonable steps to prosecute the completion of its Facilities or other activities diligently and continuously and in a manner designed to expedite the completion of its Facilities and activities and to avoid unreasonable or material interference with the business activities of Grantor, and at all times during the period of construction and/or repair, to the extent safety permits as solely determined by Grantee, Grantee shall provide Grantor, its agents, employees and invitees with reasonable access over and across the Utility Easement Property, for vehicular and pedestrian traffic, to and from Grantor's Adjoining Property. This Utility Easement, together with the terms and provisions of this grant, shall be binding and conclusive upon and inure to the benefit of and be enforceable by the respective parties hereto and their successors, heirs, assigns, executors, administrators and legal representatives, and shall constitute a covenant running with the land for the benefit of Grantee. The rights hereby granted may be assigned, either in whole or in part, to an assignee or assignees designated by Grantee, including, without limitation, other governmental agencies, and/or one or more public and/or private utility service providers; provided however, said assignment shall not relieve or mitigate Grantee's liability for any damage to Permitted Improvements and/or Adjoining Property Improvements. Grantee agrees, by the acceptance and recordation of this Utility Easement, to the terms, conditions and limitations contained herein. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. [The balance of this page is intentionally left blank — signature page follows below.] Utility Easement — Page 4 Witness my hand to be effective this day of RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its general partner By: Philip A. Baker, Vice President ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § 20 This instrument was acknowledged before me on the of , 20_, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Accepted this day of No. 1. M Paul Williamson Real Estate Manager After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson Utility Easement — Page 5 Notary Public - State of Texas 2017 for the City of Denton, Texas (Resolution EXHIBIT "A" See attached description. Utility Easement Exhibit "A" EXHIBIT "A" LEGAL DESCRIPTION ELECTRIC EASEMENTS Rayzor Investments, Ltd. Tract ELECTRIC EASgMEN"T AICA. f BEING a 1.558 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being a part of a called 76.36 acre tract of land described as Section Three, Tract Fourteen per Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a point for the Northwest comer of North Lakes Fire Station Addition, per the Final Plat recorded in Cabinet G, Page 330 of the Plat Records of Denton County, Texas, said point being in the East line of Bonnie Brae Street, a variable width right-of-way as dedicated by said Plat of North Lakes Fire 'Station Addition, said point also being in the South line of said 76.36 acre Tract Fourteen; THENCE South 88°3943" East, along the North line of said North Lakes Fire Station Addition and the South line of said Tract Fourteen, for a distance of 25.00 feet to the POINT OF BEGINNING; THENCE North 00°37'52" East, departing the North line of said North Lakes Fire Station Addition and the South line of said Tract Fourteen, for a distance of 665.40 feet to a point for comer; THENCE North 00°4243" East, for a distance of 931.56 feet to a point for corner located at the intersection with the South line of a celled 0.631 acre tract of land as established by Denton City CouncilOrdinance No. 93-086 for Street and Utility purposes, and recorded in Document No. 93.035030 of the Real Property Records of Denton County, Texas; THENCE South 88°33'39" East, along the South line of said 0.631 acre tract, for a distance of 42.50 feet to a point for comer; THENCE South 00°4243" West, departing the South line of said 0.631 acre tract, for a distance of 930.99 feet to a point for comer; THENCE South 00°3T52" West, for a distance of 665.89 feet to a point for comer located at the Intersection with the North line of Lot 1, Block 1 of said North Lakes Fire Station Addition, and the South line of said Tract Fourteen, from which a concrete monument found at an angle point in the North line of said Lot 1 bears South 88°3943" East a distance of 165.63 feet; THENCE North 88939'43" West, along the North line of said Lot 1 and the South line of said Tract Fourteen, passing the Northwest comer of said Lot 1, at a distance of 39.29 feet, and continuing for a total distance of 42.50 feet to the POINT OF BEGINNING, and containing 1.558 acres of land, more or less. wif `U111 a7 ���#"l1liR31E BEING a 1.360 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being a part of a called 26.466 acre tract of land described as Section Three, Tract Thirteen per Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with cap stamped "Alliance" found at the Southeast comer of a called 1.334 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2016-25144 of the Official Records of Denton County, Texas, said point also being in the North line of said 26.466 acre Tract Thirteen; THENCE North 89°2T53" West, along the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 209.84 feet to the POINT OF BEGINNING; THENCE South 00°27'15" West, departing the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 419.97 feet to a point for corner; THENCE South 00°42'43" West, for a distance of 974.15 feet to a point for comer located at the intersection with the North line of a called 0.631 acre tract of land as established by Denton City Council Ordinance No. 93-086 for Street DME13222 — Rayzor Investments Tract - Electrlc Easements Page 1 of 11 and Utility purposes, and recorded in Document No. 93-035030 of the Real Property Records of Denton County, Texas; THENCE North 88°33'39" West, along the North line of said 0.631 acre tract, for a distance of 42.50 feet to a point for corner; THENCE North 00°42'43" East, departing the North line of said 0.631 acre tract, for a distance of 973.52 feet to a point for comer; THENCE North 00°27'15" East, for a distance of 419.93 feet to a point for corner at the intersection with the North line of said Tract Thirteen and the South line of said 1.334 acre tract, from which a 1/2 inch iron rod found at the Southwest corner of said 1:334 acre tract bears North 89°27'53" West, a distance of 23.35 feet; THENCE South 89027'53" East, along the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 42.50 feet to the POINT OF BEGINNING, and containing 1.360 acres of land, more or less. NO Bearings are referenced to grid north of the Texas Coordinate System of 1983 (North Central Zone; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) survey methods. Distances represent surface values utilizing an average combined scale factor of 1.000147317 to scale from grid to surface. Todd B. Turner, R.P.L. S. No. 4859 Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 940-383-4177 Date: August 17, 2016 DME13222 — Rayzor Investments Tract - Electric Easements Page 2 of 11 EXHIBIT "B" Drawing- of Utility Easement Proggrty See attached drawings. Utility Easement Exhibit "B" LEGEND CALCULATED POINT O W IRON ROD FOUND UNLESS NOTED OTHERWM CONTROLUNG MONUMENT %TOSPHONEUTIUTY Ia POv&R POLE _ ( GUY N7RE '.4 UTIUTYSIGN LONLESSNOTED OTHERV4 FOM FIBER OPTIC MARKER EASEMENT BOUNDARY PROPERTY LINE EXISTING EASEMENT APPROXIMATE SURVEY LINE '—°— rt EXISTINGC ER EDGE OF ASPHALT E— — OVERHEAD ELECTRIC 3 EXISTING ' 15' WATER LINE EASEMEN VOL. 4795, PG, 830 R.P.R.D.C.T. SIDEWALK AND PUBLAG UTILITY EASEMENT VOL. 2542, PG. 51 D.R.D.C.T. POINT OF • i tnp ik 0 50 100 F 10 If f IM Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1483 (North Central Zone: NAD83(2011) EPOCH 2010) as derived locally from Western Date Systems Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) metrods. The distances shown hereon represent surface values utilizing an Average CombGhatioh Factor of 1.000147317 to scale from grid to surface. 2. 'INS exNbit xss prepared wilYt ut tte banafrt of a currant NO 00MMAMON, Addilional easomeras, rfghls-of-waywwVor other manors of record may affect %Ns trac( (fret, are not shown hereon. teague nail & "Ains 1517 Contra ►lova Drlw, 5e1M 320 n 11q0' Dardan,Taxas76205 ._ 940.3.7.4177 Fh 940,3E3.SM61r - www./nelne.e®m EXHIBIT NB11 . P1 4 ALI! FILM • EXISTING 15 GTE SOUTHWEST EASEMENT VOL. 3079, PG. 632 D.R.D.C.T. EXISTING 15 ELECTRIC EASEMENT VOL. 619, PG. 165 D.R.D.C.T. M: o `. [ 1` RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. SAVE AW SWEPT VOL 847, PG. 217 • •Tv' . O. LAKES FIRE STATION ADDITION CAB.G,PG.330 1.558 ACRE ELECTRIC ■ NO. i SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY. TEXAS DME13222 SHEET 3 OF 11 EXISTING 15' ELECTRIC EASEMI VOL 619, PG. 165 tnp D.R.D.C.T. EXISTING 15' GTE SOUTHWEST EASEN VOL. 3079, PG. 632 D.R.D.C.T. 0 50 100 1. Hearings of lines shown hereon are referenced to Crit& North of the Texas Coordinate System of 1983 (N*M Central Zone; NADBN2011) EPOCH 2010) as derived locally from Womern Onto Systems Conti xxssty OperatxV RuNrence Siasions Rt The dsalances shown r Oi hereon represeni saltfacelvailusss Utilizing an Average t]Mnotkun Factor 1.000147317 to scale from grid to sWooss. 2. This exhibit was prepared without the benefit of a current ft commitment. Addlional easements, is -of way anftr other matters of recANd may anted this UW Mat are note teague Hall &Perkins iimen1sv Cams. nail Placa& Suits 320 saw oaman. Taeas7620S Ion94a303w177ph 940.31113.111026 Ix *ty� �•�. T �; �g� �'�+�+6"i ......... ....I............. TODD B. TURNER ..V ...................... •'" e`. 0 s L .�``� , / ® ®® a 558 ACRE ELECTRIC EASEMENT N=F_ "1 all mc SCALE: 1"= 50° 01 1 LEGEND ® CAL.CULATEO POWT ® 1. R.N-__WO F O L.E EO fJTGGL,GiVRSE �. C ROLLING Q LTI TELEPHONE UTLITY iSl POWER POLE E 6UY NWUE j. u7a.1TY SIGN UNLESS NOTE00THCRWW ca FOM FOER OPTIC MANOR L-= -Rca PROPERTYLM -. -- EXE -. APPROXIMATE SURVEY LM -` • - E00£ OF ASPWLT E— —COMNEAD ELECT= EXISTING 15 WATER LNC EASEMENT , VOL 4795, PG. 830 R.P.R.D.C.T. age M MATCHLINE kE .5 OF11 EXISTING 2V ENERGY ASSETS OPERATING COMPANY EASEMENT DOC. NO. 2007-142652 R.P.R.D.C.T. wryamer GAS SIGN RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. SAVEAND VOL.. 097. PG. 217 gig -mg.. MAT:CHLINE- SEE SH. 3 OF 11 1. Hearings of lines shown hereon are referenced to Crit& North of the Texas Coordinate System of 1983 (N*M Central Zone; NADBN2011) EPOCH 2010) as derived locally from Womern Onto Systems Conti xxssty OperatxV RuNrence Siasions Rt The dsalances shown r Oi hereon represeni saltfacelvailusss Utilizing an Average t]Mnotkun Factor 1.000147317 to scale from grid to sWooss. 2. This exhibit was prepared without the benefit of a current ft commitment. Addlional easements, is -of way anftr other matters of recANd may anted this UW Mat are note teague Hall &Perkins iimen1sv Cams. nail Placa& Suits 320 saw oaman. Taeas7620S Ion94a303w177ph 940.31113.111026 Ix *ty� �•�. T �; �g� �'�+�+6"i ......... ....I............. TODD B. TURNER ..V ...................... •'" e`. 0 s L .�``� , / ® ®® a 558 ACRE ELECTRIC EASEMENT N=F_ "1 SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET OF 11 0 50 100 SCALE: 1" = 501 l', tnpU EXISTING 16' ELECTRIC EASEMENT VOL. 619, PG. 165 D.R.D.C.T. I IIJI EXISTING 16' GTE SOUTHWEST EASEMENT VOL. 3079, PG. 632 D.R.D.C.T. VOL 4M. PG. ,_ E • EXISTING 20' ENERGY ASSETS OPERATING COMPANY EASEMENT DOC. NO. 2007-142652 R.P.R.D.C.T. MATCHLINE"SEE SM. 4 OF 11 Homst 1. Bearings of lines shown hereon are referenced to Grid North of lh® Taxes Coordinate System of 1983 (North Central Zona: NA083(2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating RatetanGe �� kF F .. � Stations (CORS) vie Real Time Kirrematic (RTK) methods. The distances shown hereon represent surface values utilizing an Average Combination Factor of 1,00D147317 to scale from grld to surface, a � •, 2. This exhibit was prepared without the benefit of a arrant tale commflmord .... Tt?aD B.� TURNER Additional eawments, rights of -way and/or other matters of record may erect 6" ,. y ..................... %... tract that are not shown hereon a 485 .r ftaque nail rkins 1517 Centm Ploce Oboe, Safe 320 Dow", Texas 76205 940,383.4177 ph 940.353.0026 Ix n Avww.enpinc— ,yp ,,��qq ) # 0"s Nt%<his> ,1iif'3 CJS9r EaH a...___,d6b+oc. darn em11.aiR L.Y..1LYa.r�xv..6'�'d1; 1$ n RAY1J.`A tl�aE.eXma 1�f� RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL.1796, PG. 601 D.R.D.C.T. SAVEAA10 EXCEPT VOL 097, PG. 217 ELECTRIC LEGEND CALOukATEO PENNT _ O 1,2 IRON RC K) FOUND UNLESS NOTED OTHERVASE CONTROLLING h+hDRUNICUT TELEPHONE UnUTY POWER POLE F GUY WE 4 uTn.tr^t "N UNLESS NOTED OTHERQU POM I I'AER OPTIC MARKER EA*EMWT80UNWM PROPPRTYLINE _ '..... EXISTING EASEMENT -- °®-- APPROXIMATE SURVEY LINE ''.. t"t EXISTING CE INE '.... ASPHALTEDGE Or E-- OVERHEAD ELECTRIC ELECTRIC EASEMENT NO. 1 SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 5 OF 11 'm M �i ce EXISTING 15' WATER LINE EASEMENT VOL. 4795, PG. 830 R.P.R.D.C.T. g 1 EXISTING 15' ELECTRIC EASEMENT VOL. 519, PG. 165 D.R.D.C.T. 1 11,111 EXISTING 15' GTE SOUTHWEST EASEMENT VOL 3079, PG. 632 D.R.D.C.T. 0 50 100 SCALE: 1"= 50' A' r EXISTING 20' ENERGY ASSETS OPERATING COMPANY EASEMENT DOC. NO. 2607-142652 R.P.R D.C.T. EASEMENTELECTRIC a RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. SAVEAND EXCEPT VOL 697, PQ 217 �0 LEGEND A CALCULATED POLAR O N2 IRON ROD FOUND UNLESS NOTED OTHIERW SE C MONUMENT Tacpttow UTILITY'--- POWER POLE f GUY WRE, UTILITY SKIN UNLESS NOTED OTHERVM FOM FIBER OPTIC MARKER EASEMENTBOUNDARY PROPERTY LINE EXISTING EASEMENT APPROXIMATE SURVEY LINE-- EXISTING EDGE OF ASPHALT E- — OVERHEAD ELECTRIC NOTES: MATCHILINEa OF 11 1. ifea€ings of Ones Shawn hereon ata refamrwAd to Grid Horth of the Texas Coordinate System of 1983 (Horth Central Zone: NAO83(2011) EPOCH 2010) as derived locally from Western Data Systems Cordlnuousl Operating Reference O F Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown hereat represent surface values utilizing an Average Combtrlation Factor of A% ie�O # 1.000147317 to scale from grid to surface. 07 S t 2 Tuts exhibit was prepa€ed without ilia benofit al agent IstN5 c2lnurritnl6111 ' ..; ".. •558 -. Afttianal easements. tigms•ef way andror other makers of receed may affect this TODD B TURNER Veal Out are not shown boreal A, .`..... ..r�. . • •-ELECTRIC EASEMENTa teague nail & perkins. SITUATED IN THE 1517 aMreFlea Drive,Sulto320tit N. MEISENHAMER SURVEY, ABSTRACT NO. 810 Denton, Tonal 76205 .- ! CITY OF DENTON, DENTON COUNTY, TEXAS Tnp 940.353A)77 ph 040.203.5026 Ix / 1 ^1 ww.whnpiw roan DME13222 SHEET 6 OF 11 LEGEND CALCULATED POINT 0 112 IRON ROD FOUND UNLESS NOTED OTHERVASE Ef CONTROLLING MONUMENF TELEPHONE LITILFTY P POLE UGUYWRE TYS 4 FOM LFIBER OPTIC MARKER EASEMENT BOUNDARY PROPERTY LINE I EXIsrINc ENT APPROXIMATE SURVEY LINE — I 19 EXISTINOCENTERLINE I EDGE OF ASPHALT I OVERHEAD ELECTRIC DRAIN MANHOLE 0 50 100 SCALE: 1' = 50' APPAMM4TESURVEYUNE 'z ON YYYYYY � 0 u p� U C -5q N, V0 � 'r6\0 1EXHIBIT "B" La V 4 ? a RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. j EXISTING 16 ELECTRIC EASEMENT VOL 619, PG. 165 I D.R.D.C.T. EXISTING 15'GTE SOUTHWEST EASEMENT VOL 3079, PG. 632 DXLD.C.T. NOME: C F- 1, BearIngs of lines shown hereon are referenced to W North of the Tom,g4.e Coordinate System of 1983 (North Central Zono� NAD83t(201 11 EPOC14 201 0) as Operating Re?QMICO dodvad W-Wly Rom WeSIOM Data Systems CQ(WrK=Sly Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown.............................. hereon represent surface values Utilizing an Average Combination Factor of TODD B. TURNER 1.000147317 to male tram grid to surface.v ..................... V.. %.a 4859 1 2. This exhibit was prelpiered without the benefit of a current 11111c commitment. 'p Additional easements, rights-cf-way and/or other matters of record may affect this %0 tract that are not 666,wri hereon. gine nail & perkins mmailk I5IyC4.*'.P(-v0d*-e'S.11Q3" 11111"'I'llik 'avf.)o-, Texas 76205 01 It ELM 940.303,4177 ph 940IS3.10240z wo I LINE I BEARING I DISTANCE _ 1_ L2 LS 88°33`39" E I 42-50' pr" 1.558 ACRE -LECTRIC EASEMENT NO. SITUATED IN THE N. IMEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS � DME13222 SHEET 7 OF 11 20' DRAINAGE EASEMENT DONO. C. 3-I 9MM P—P.R.D.C.T. PROPERTYLJNE-,,,' CITY OF DENTON —7— GA31ACRES ORDINANCE NO. 934)86 F 91�SWETAND UTILMY PURPOSES DO`C-NO9U35= R.P.FtD.C.T. S 88'3339 " E 536.26' LIZ 01;' NOME: C F- 1, BearIngs of lines shown hereon are referenced to W North of the Tom,g4.e Coordinate System of 1983 (North Central Zono� NAD83t(201 11 EPOC14 201 0) as Operating Re?QMICO dodvad W-Wly Rom WeSIOM Data Systems CQ(WrK=Sly Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown.............................. hereon represent surface values Utilizing an Average Combination Factor of TODD B. TURNER 1.000147317 to male tram grid to surface.v ..................... V.. %.a 4859 1 2. This exhibit was prelpiered without the benefit of a current 11111c commitment. 'p Additional easements, rights-cf-way and/or other matters of record may affect this %0 tract that are not 666,wri hereon. gine nail & perkins mmailk I5IyC4.*'.P(-v0d*-e'S.11Q3" 11111"'I'llik 'avf.)o-, Texas 76205 01 It ELM 940.303,4177 ph 940IS3.10240z wo I LINE I BEARING I DISTANCE _ 1_ L2 LS 88°33`39" E I 42-50' pr" 1.558 ACRE -LECTRIC EASEMENT NO. SITUATED IN THE N. IMEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS � DME13222 SHEET 7 OF 11 1. 0 1 Ir A P3 :1 1 4 MA i RL--Xsrx C11111111 NOME: C F- 1, BearIngs of lines shown hereon are referenced to W North of the Tom,g4.e Coordinate System of 1983 (North Central Zono� NAD83t(201 11 EPOC14 201 0) as Operating Re?QMICO dodvad W-Wly Rom WeSIOM Data Systems CQ(WrK=Sly Stations (CORS) via Real Time Kinematic (RTK) methods. The distances shown.............................. hereon represent surface values Utilizing an Average Combination Factor of TODD B. TURNER 1.000147317 to male tram grid to surface.v ..................... V.. %.a 4859 1 2. This exhibit was prelpiered without the benefit of a current 11111c commitment. 'p Additional easements, rights-cf-way and/or other matters of record may affect this %0 tract that are not 666,wri hereon. gine nail & perkins mmailk I5IyC4.*'.P(-v0d*-e'S.11Q3" 11111"'I'llik 'avf.)o-, Texas 76205 01 It ELM 940.303,4177 ph 940IS3.10240z wo I LINE I BEARING I DISTANCE _ 1_ L2 LS 88°33`39" E I 42-50' pr" 1.558 ACRE -LECTRIC EASEMENT NO. SITUATED IN THE N. IMEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS � DME13222 SHEET 7 OF 11 EXHIBIT 11 u CONIC. GRAVEL DRIVE DRIVE 9.85' 23.35' J 1/2" IRF �P (C" OTE TELE FOM EXISTING IF ELEC I;C EASE 1E 4T VOL. 519, PG. 165 D.R.D.C.T. i SIGN RIGHT LANE MUST TURN EXISTING 1G GTE SOUTHIT EASLI VOL. 3079, PG. 632 50 100 SME: y1 LEGEND CALCULATED POINT O tri MON ROD FOUND UNLESS NOTED OTHERMSE ftj CONTROLLk4GMON ID TI]; gm1om UTRITY PSR poLE F ow WRE _ VIILITY SIGN UNLESS NOTED 07HERVUE - --- FOM FIaER OPTS MARKER _-- EASEMENTBOUNDARY PROPERTY LINE EXISTING EASEMENT APPROXIMATE SURVEY LINE - 9 EXISTING CENTERLNE.. FJM OF ASPHALT E— — OVERHEAD ELECTRIC F I ," HOUSE i ti r CITY OF DENTON, TEXAS CALLED 1.334 ACRES DOC. NO. 2016-25144 O.R.D.C.T. i ♦ ♦ IMAM �. . ]POINTPERTYUNE OF BEGINNING EE No. & POINT OF COMMENCING EE 0. 1/2" C1RF /1Ll RCE" (C" • *Oflol VOL.CALLED 26.466 ACRES e .0 s< ELECTRIC -A EASEMENT D 1.360 ACRES NOTES: MATCHLINE - SEE SH. 9 OF 11 1 Seanings of lines shown hereon are referenced to Grid North of the Texas I LINE BEARING DISTANCE Coordinate System of 1983 (North Central Zone: NADD3(2011) EPOCH 2010) as 0 F( ., r derived locally from western Data Systems Continuously Operating Reference ....... f L1 S 89 27 53 E 42.50 Statlons (CORS) via Real Time Klnem®Ile (RTK) methods. The distances sham Lam := t S T r " F hereat represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from grid l0 surface. S LD 2. This exhiblf was prepared without the herie it or a current We commitment TODD B TURNER r 360 ACRE Additional easements, rights-of-way and/or other matters of record may effect Ws .......". ..... tract that are not shown hereon. ,4 4859 .YELECTRIC EASEMENT NO. ague nail & perkins ,.• - SITUATED IN THE INIMILP 1517 C. tmFIoea Ddw,SW%320UR N. MEISENHAMER SURVEY, ABSTRACT NO. 810 *4P ti I Deafen, T♦xas 76203 '° - l CITY OF DENTON, DENTON COUNTY, TEXAS 940.383.4177 0 948.987.9026 Ix , "'"'wJpw�OW10DME13222 SHEET 8 OF 11 1 L 11 a li i � FI me F I ," HOUSE i ti r CITY OF DENTON, TEXAS CALLED 1.334 ACRES DOC. NO. 2016-25144 O.R.D.C.T. i ♦ ♦ IMAM �. . ]POINTPERTYUNE OF BEGINNING EE No. & POINT OF COMMENCING EE 0. 1/2" C1RF /1Ll RCE" (C" • *Oflol VOL.CALLED 26.466 ACRES e .0 s< ELECTRIC -A EASEMENT D 1.360 ACRES NOTES: MATCHLINE - SEE SH. 9 OF 11 1 Seanings of lines shown hereon are referenced to Grid North of the Texas I LINE BEARING DISTANCE Coordinate System of 1983 (North Central Zone: NADD3(2011) EPOCH 2010) as 0 F( ., r derived locally from western Data Systems Continuously Operating Reference ....... f L1 S 89 27 53 E 42.50 Statlons (CORS) via Real Time Klnem®Ile (RTK) methods. The distances sham Lam := t S T r " F hereat represent surface values utilizing an Average Combination Factor of 1.000147317 to scale from grid l0 surface. S LD 2. This exhiblf was prepared without the herie it or a current We commitment TODD B TURNER r 360 ACRE Additional easements, rights-of-way and/or other matters of record may effect Ws .......". ..... tract that are not shown hereon. ,4 4859 .YELECTRIC EASEMENT NO. ague nail & perkins ,.• - SITUATED IN THE INIMILP 1517 C. tmFIoea Ddw,SW%320UR N. MEISENHAMER SURVEY, ABSTRACT NO. 810 *4P ti I Deafen, T♦xas 76203 '° - l CITY OF DENTON, DENTON COUNTY, TEXAS 940.383.4177 0 948.987.9026 Ix , "'"'wJpw�OW10DME13222 SHEET 8 OF 11 i ELECTRIC EASEMENT No. 2 1.360 ACRES 1I EXISTING W ELECTRIC CASEUT RAYZOR INVESTMENTS, LTD. VOL 619. PG. 165 SECTION CTION 3, TRACT THIRTEEN y 65' CALLED 26.466 ACRES s VOL . 601 D.R.D.C.T. • t ELECTRIC EASEMENT No. 2 1.360 ACRES 1I EXISTING W ELECTRIC CASEUT RAYZOR INVESTMENTS, LTD. VOL 619. PG. 165 SECTION CTION 3, TRACT THIRTEEN y 65' CALLED 26.466 ACRES s VOL . 601 D.R.D.C.T. TE: MATCHLINE as SEE SH. 110 OF 11 1. Bearings of lines shown hereon are referenced to Grid North of the Taxes Coordinate System of 1963 (North Central Zone: 2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Reference4 F Stations (CORS) via Real Time Wneme0c (RTK) matho4,7he d1slances shown S • '•• hereon represent surface velums utilizing an Average Combination Factor of:=3 \ 8 T 1.00D147317 to scale from grid to surface. y 2. This exhlbh was prepared without the bensfit of a current Ille commitment "° "'"••"* "'""" Aodilional easements, rr01*- af'-way andfor other matters of record may affect this TODD 8 TURNER tract that are not shoran Woon, '•'v....... 59•``,'"' .q 46'°° League nail & perkins nij1517 Comm Pfeil Drive, Sulm 310 Denton. Texas 76205 440.363A 177 Ph 940,393.20261x wwwdnPinc-cm ELECTRIC .2 SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 8`10 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 9 OF 11 I(� j t ll` iS k �{5 W'11 -W'4119 TE: MATCHLINE as SEE SH. 110 OF 11 1. Bearings of lines shown hereon are referenced to Grid North of the Taxes Coordinate System of 1963 (North Central Zone: 2011) EPOCH 2010) as derived locally from Western Data Systems Continuously Reference4 F Stations (CORS) via Real Time Wneme0c (RTK) matho4,7he d1slances shown S • '•• hereon represent surface velums utilizing an Average Combination Factor of:=3 \ 8 T 1.00D147317 to scale from grid to surface. y 2. This exhlbh was prepared without the bensfit of a current Ille commitment "° "'"••"* "'""" Aodilional easements, rr01*- af'-way andfor other matters of record may affect this TODD 8 TURNER tract that are not shoran Woon, '•'v....... 59•``,'"' .q 46'°° League nail & perkins nij1517 Comm Pfeil Drive, Sulm 310 Denton. Texas 76205 440.363A 177 Ph 940,393.20261x wwwdnPinc-cm ELECTRIC .2 SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 8`10 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 9 OF 11 FAXIM --n irk -3i EXISTING 15' OTE SOUTHWEST VOL 3078, PG. 632 0 R D.C.T. EXISTING i5' EIC EASEMENT VOL 510, PG. 165 1. Bearings of fines shown hereon are referenced to Grid North of the Texas Coordinate System of 1063 (North Centrad Zone: NADON=1) EPOCH 2010) as da(wecl locally from Western Dala Systems Contirk4usfy Operaft Reference Stallons (CORS) YW Real Time Iclnemalic (RTK) metho& The dMan s sheer hereon reproWl surface values uMUft an Average Combination Fedor of 1.000147317 to scale from grid to surface. 2. This exhibll was prepared without the benefit of s current We commitment Additional easements, ilghls-cf-way, andfor other matters of record may affect this track that are not shown hereon League nall & perkins nor 1517 Cenhe Plate Delve„ 5uae 720 A,ak Demon, Texm 76205 940.5115A077 ph 940.205.6026 fx 7^7 -01-np a �,. 0 •,4r E#� i -ll- :.. . TOGO B. TURNER ...,, .. ...i .0 485 *.. .40 • • CALLED 26.466 ACRES VOL. 1796, PG. 601 r "I WWI • T. -To IF 0 50 100 SCALE: V= = 50h 1.360 ACRE NO. SITUATED INTHE - r Me • 11 ;11 • 0 M 0j =1 0 1 • • DME132M SHEET 10 OF 11 EXHIBIT " EXISTING IVELECTRIC IC EA VOL. 519, PG. 165 EXISTING 15' GTE SOUTHWEST VOL. 3079, PG. 632 D.R.D.C.T. 71 rb 10, tL 0 UI am ' h i--C�'Xjo 0 50 100 SCALE: 1" = 50' A CALCULATEO POW CA 12 IRON ROD FOUND UNLESS E NOTEn OTHERVASE. sm+ CONTROLLM.MONUMEW aI WMPHONE VM"Y tk POMP FOIE L CITY WRE — 4 UnU Y SIGN UNLESS NOTED OTHEMWE FOM PRIER OM MARBOER S0AWM _-- - - Ex18TINO EASEMENT -a -- APPROXIMATE SURVEY UNE -- — E EXMMG CENTERUNE E OF AGPK< E— OVERHEAD ELECTRIC ., CALLED 26.466 ACRES • .0 D.R.D.C.T. �y,, ■ =c ail e re 1"% % t e LINE BEARING I DISTANCE L2 I N 88°33'39" �W 42.50' RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. I. Besrfts of lines shown hereon are referenced to Grid North of the Texas A,k;. 6 T ° i '`•% Coordinate System of 1983 (Nath Central Zorn: NAD83(2011) EPOCH 2010) es}, tgOy derived Wally from Western Data Systems Continuously Opera" Reference Stations (CORS) via Real Time KinemaUc (RTK) methods. The dlstarms shown "*' •• '• `•""''" hereon represent surface values utilizing an Average Combination Factor of TODD B. TURNER 1.00D147317 to scale from grid to surface. :4 4859 2. This exhtbh was prepared without the benefit of a current Uhe oommttmenL tin 1' A ■ 360 ACRE Additional easements, rlghle-of-way and/or other matters of record may affect Uvs tract that are not shown hereon�' " ••`'$ ® I a league nail $ rkins �r SITUATED IN THE 1317 Contra Place Mira, So%320 - ® N. MEISENHAMER SURVEY, ABSTRACT NO. 810 Deet®a. Texee7.3as CITY OF DENTON, DENTON COUNTY, TEXAS e4o.3a3wtr7ph 940.383.8026 In rr"" A.Pl."om DME13222 SHEET 11 OF 11 Exhibit "G" Form of Temporary Work Easement Instrument Attached Hereto. Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit "G" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOU SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION EASEMENT THAT Rayzor Investments, Ltd., a Texas limited partnership ("Grantor"), of Denton County, Texas, for good and valuable consideration to it provided by the City Of Denton, a Texas home -rule municipal corporation ("Grantee"), receipt of which is acknowledged, does grant, bargain, sell and convey unto the City of Denton, Texas, a temporary construction easement in, along, upon, over, under and across the parcels described on Exhibit "A" and illustrated on Exhibit '"B" as (i) 50' TEMPORARY CONSTRUCTION EASEMENT No. 1 (1.833 Acres), (ii) 50' TEMPORARY CONSTRUCTION EASEMENT No. 2 (1.601 Acres), and (iii) a 1.334 acre tract of land, for the construction of certain public electrical utility improvements on lands adjacent to the temporary construction easement areas herein described. This temporary construction easement shall only be used by Grantee, its successors and assigns, in connection with the construction of certain public electrical utility improvements AND is made subject to (i) any and all easements, restrictions, claims, rights of way, encroachments, or encumbrances and any other matters which are of public record, (ii) all municipal or other governmental zoning laws, regulations, and ordinances, and (iii) any other matters affecting this easement which are of public record or which would be disclosed by a physical inspection of the area described on Exhibit "_A" and/or an accurate survey of said area. In the event the surface of any easement area is disturbed by Grantee's exercise of any of under this easement, such area shall be restored to the condition in which it existed at the commencement of such activities. This temporary construction easement shall expire on the earlier to occur of: (1) the completion of the public electrical utility improvements; or (2) six months after the Effective Date hereof. TO HAVE AND TO HOLD unto Grantee for the purposes aforesaid the premises above described. This temporary construction easement, together with the provisions of this grant, shall constitute a covenant running with the land for the benefit of Grantee, its successors and assigns and for the benefit of Grantor, its successors and assigns, subject to the terms of expiration herein provided. [Grantor's Signature On Following Page] Page 1 of 2 — Temporary Construction Easement Witness my hand to be effective this day of 20 Date"). GRANTOR: RAYZOR INVESTMENTS, LTD., A TEXAS LIMITED PARTNERSHIP By: The Rayzor Company, a Texas corporation, as its general partner IN Philip A. Baker, Vice President ACKNOWLEDGMENT STATE OF TEXAS § DENTON COUNTY § ("Effective This instrument was acknowledged before me on this the day of , 20 , by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as the general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public - State of Texas Accepted this day of No. 91-073). By: Paul Williamson Real Estate Manager After recording, please return to: City of Denton Utilities Engineering Department 901-A Texas Street Denton, Texas 76209 Attention: Paul Williamson Page 2 of 2 — Temporary Construction Easement 120 for the City of Denton (Resolution Exhibit "A" Legal Description attached hereto. Exhibit "A" — Temporary Construction Easement Exhibit "A" LEGAL DESCRIPTION BEING a 1.334 acre tract of land situated in the N. Melsenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being known as that tract of land described In a Deed to Deborah Collinsworth, as recorded in Document No. 99-127801 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for comer in the East line of Bonnie Brae Street (a variable width right-of-way), said point being the Southwest comer of the above cited Collinsworth tract, said point also being In the North line of a called 26.466 acre tract of land described as Section 3, Tract Thirteen in a Deed to Rayzor Investments, Ltd., as recorded In Volume 1796, Page 601 of the Deed Records of Denton County, Texas, from which the Northwest comer of said 26.466 acre tract bears North 89°27'53" West a distance of 1.65 feet; THENCE North 00°36'10" East (North — Deed along the East line of said Bonnie Brae Street, for a distance of 210.92 feet (210.70'— Deed) to a 1/2 inch capped iron rod found for comer at the Intersection of the East line of said Bonnie Brae Street with the South line of Riney Road (a variable width right-of- way), said point being the Northwest comer of said Collinsworth tract; THENCE South 8902449" East (East — Deed along the South line of said Riney Road, for a distance of 275.64 feet (275.67'— Deed) to a 5/8 inch iron rod with cap stamped "TNP" set for comer at the Northeast comer of said Collinsworth tract; THENCE South 00035'11" West (South — Deed) departing the South line of said Riney Road, and along the East line of said Collinsworth tract, passing the Northwest comer of Lot One, Block One per the Final Plat of B.F. Price Addition, as recorded in Cabinet C, Page 126 of the Plat Records of Denton County, Texas, at a distance of 10.00 feet, and continuing along the East line of said Collinsworth tract and the West line of said Lot One, for a total distance of 210.67 feet (210.70'— Deed) to a 1/2 inch iron rod with cap stamped "Alliance" found for comer at the Southeast comer of said Collinsworth tract and the Southwest comer of said Lot One, said point also being in the North line of said 26.466 acre tract; THENCE North 89°27'53" West (West — Deed) along the South line of said Collinsworth tract and the North line of said 26.466 acre tract, for a distance of 275.70 feet (275.67'— Deed) to the POINT OF BEGINNING, and containing 1.334 acres of land, more or less. TNP Project No. DME13222 — Collinsworth ALTA Survey LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENTS Rayzor Investments, Lid, Tract BEING a 1.833 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being a part of a called 76.36 acre tract of land described as Section Three, Tract Fourteen per Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a point for the Northwest comer of North Lakes Fire Station Addition, per the Final Plat recorded In Cabinet G, Page 330 of the Plat Records of Denton County, Texas, said point being in the East line of Bonnie Brae Street, a variable width right-of-way as dedicated by said Plat of North Lakes Fire Station Addition, said point also being in the South line of said 76.36 acre Tract Fourteen; THENCE South 88'3943" East, along the North line of said North Lakes Fire Station Addition and the South line of said Tract Fourteen, for a distance of 64.29 feet to the POINT OF BEGINNING; THENCE North 00°37'62" East departing the North line of said North Lakes Fire Station Addition and the South line of said Tract Fourteen, for a distance of 665.89 feet to a point for comer; THENCE North 00042'43" East, for a distance of 930.99 feet to a point for comer located at the Intersection with the South line of a called 0.631 acre tract of land as established by Denton City Council Ordinance No. 93-086 for Street and Utility purposes, and recorded in Document No. 93-035030 of the Real Property Records of Denton County, Texas; THENCE South 88033'39" East along the South line of said 0.631 acre tract, for a distance of 50.00 feet to a point for comer, THENCE South 00'42'43" West, departing the South line of said 0.631 acre tract, for a distance of 930.32 feet to a point for comer; THENCE South 00'3752" West, for a distance of 666.47 feet to a point for comer located at the intersection with the North line of Lot 1, Block 1 of said North Lakes Fire Station Addition and the South line of said Tract Fourteen, from which a concrete monument found at an angle point in the North line of said Lot 1 bears South 88°39'43" Fast a distance of 115.63 feet; THENCE North 88°39'43" West, along the North line of said Lot 1 and the South line of said Tract Fourteen, for a distance of 50.00 feet to the POINT OF BEGINNING, and containing 1.833 acres of land, more or less. TEMPORARY CONSTRUC77ON EASEMENT NO, 2 BEING a 1.601 acre tract of land situated in the N. Meisenhamer Survey, Abstract No. 810, City of Denton, Denton County, Texas, and being a part of a called 26.466 acre tract of land described as Section Three, Tract Thirteen per Deed to Rayzor Investments, Ltd., as recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with cap stamped "Alliance" found at the Southeast comer of a called 1.334 acre tract of land described in a Deed to the City of Denton, Texas, as recorded In Document No. 2016-25144 of the Official Records of Denton County, Texas, said point also being in the North line of said 26.466 acre Tract Thirteen; THENCE North 89'27'53" West, along the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 159.84 feet to the POINT OF BEGINNING; THENCE South 00°27'15" West, departing the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 420.01 feet to a point for corner; DME13222— Rayzor Investments Tract - Temporary Construction Easements Page 1 of 11 THENCE South 00°4243' West, for a distance of 974.90 feet to a point for comer located at the intersection with the North line of a called 0.631 acre tract of land as established by Denton City Council Ordinance No. 93-086 for Street and Utility purposes, and recorded in Document No. 93-035030 of the Real Property Records of Denton County, Texas: THENCE North 88°33'39" West, along the North line of said 0.631 acre tract, for a distance of 50.00 feet to a point for comer, THENCE North 00°42'43" East, departing the North line of said 0.631 acre tract, for a distance of 974.15 feet to a Point for comer; THENCE North 00627'16" East, for a distance of 419.97 feet to a point for comer at the intersection with the North line of said Tract Thirteen and the South line of said 1.334 acre tract, from which a 1/2 Inch Iron rod found for the Southwest comer of said 1.334 acre tract bears North 89'27'53" West a distance of 65.85 feet; THENCE South 89°27'53" East, along the North line of said Tract Thirteen and the South line of said 1.334 acre tract, for a distance of 0.00 feet to the POINT OF BEGINNING, and containing 1.601 acres of land, more or less. MUM' Searing& are referenced to grid north of the Texas Coordinate System of 1,983 (North Coniml .tone, NA083 (.?Of 1) Epoch 2010) as derived tdcalty from Western Data Systems Continuously Operating Reference Stations (CORS) We Real Time Kinemallc (RTK) survey methods. Distances represent surface values utlNkIng an average combined scale factor of 1. 000 14 7317 to scale from grid to surface. Toad B. Turrrar, P.P.t.S. No. 4859 Teague Nall & Perkins 1517 Centre Place Drive, Suite 320 Denton, Texas 76205 9403834177 Date: August 17, 2016 DME13222 — Rayzor Investments Tract - Temporary Construction Easements Page 2 of 11 Exhibit "B" Drawing attached hereto. Exhibit "B" — Temporary Construction Easement MATCHLINE SEE r a EXISTING 15' GTE SOUTHWEST EASEMENT I VOL. 3079, PG. 632 D.R.D.C,T. ) CONC. I DRIVE 9r I �1. EXISTING 15' ELECTRIC EASEMENT tl VOL. 519, PG. 165 D.R.D,C.T. 75' ® V y: V SCz j =4 jO a I I 00 ADOPrASPOT— SIGN I ® 55' ! I I EXISTING C 15' WATER UNE EASEMENT - VOL 4795, PG. 630 R.P.R.D.C.T. 1 Zak I SIDEWALK AND PUBLIC— UTILITY EASEMENT VOL, 2542, PG. 51 D.R.O.C.T. POINT OF 1 COE CI6 G I I TCE No. 1 I . ArE U"17' SGN ..88'3943" E li 64.29, "! �gouD. r W Q DRIVE 4 Q CQ � 8 Z NOTES: 1. BosrhVs of Gees shown hereon are referenced to Grid North of the Texas Coor&lato Syslunlof 1983INatin Central Tonal; NA08312011) rFoCtt Q,010) ass dnrrvec 10Ca.tay Ir0rr woshlrn vala sysioms COnla^xioushy opt+raUnllflofurorrc,o Btatlans ICORS) vlo 11oal Time Klncmalc (ftTK) rnullrOps The d:atar�cos 0.vn hcratrn reprimun€ Aurface vahraa ulilrsfrrlg an Akwunaa Camhl -aloe Forlr r Qt 1.114731710 scale from grid 10 surface. 2. This exhibit was prepared without the benalil of a current IIOo commitment F dd€0onol esmornorito, rights-of-way andror other matters of record may affect this If ascl that are nai �hnwn hers. league nail & perkins np1317 Cenhe piece Ddve, SuNe 32o Donlon, Texas 76203 940.363.4177 ph 940.3 3.20261x www.lnpinuem TEMPORARY 0 CONSTRUCTION 600 EASEMENT 2 No. 9.833 ACRES oZl � Deo M� '� � r -( i�_ L,•,i Ste' " RAYZOR INVESTMENTS, LTD. W CD SECTION 3, TRACT FOURTEEN cfl �� .� ' `` �, CD PART OF CALLED 76.36 ACRES W a VOL. 1796, PG. 601 D.R.D.C.T. N SAVEAND M(CEPrVOL 697, PG. 217 L17 N LO ti LEGEND M' (� G6k CN CULATED —P.- 0 ® 0 12 MON Roo FOUND UNLESS NOTED OTHERVASE ctt CONTROLLING MONUMENT Z �`y t1I TELEPHONE UTILITY co POMR POLE F GUY WIRE 7 "� ._,.,..,..�.. SIG F -.. -.. 19TIL71Y SIGN UNLESS NDTFA OINERWI2.E U FOM FIBER OPTICMARKER EASEMENT BOUNDARY PROPERTY UNE k, METING EASEMENT APPROX09ATE SURLY LINE EXISTINOCENTERUNE EDGE OF ASPHALT OVERHEAD-_-_ ELECTRIC -. —APPROXIMATE SURVEYLiNE f'a' OPERTYLONE Ll S 88'3943" E 115.63' CONCRETE POINT OF MONUMENT BEGINNING (CM) + TVG No. 6 LOT 1, BLOCK 1 NORTH LAKES FIRE PG FI A ION ADDITION CAB0 50 100 SCALE: 1" = 50' *!C1 € baa.._ of Ot5TE rP5%,LFr D 833 ACRE TODDRB. TURNER .,,. CONSTRUCTION ...� ....... e. tie.. m 4859 ;` mow°EASEMENT NO. SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS J DME13222 SHEET 3 OF 11 EXISTING 20' ..... ENERGY ASSETS OPERATING COMPANY EASEMENT DOC, NO. 2007-142652 R.P.WD'C.T. I 1�111 EXIANG 15' GTE SOUTHWEST EASEMENT VOL. 3079, PG. 632 D.R.P,C.T. NOTES., I. Bearings of lines shown hereon are referenced to Grid North of 0o Texas C=&-nato System of 1903 (Nwlh Cantmi Zoflo: NADD312DT $) EPOCH 2D1:D) as dwi-ood ioca!ly Irtuoi Wastwn Data Sy5tums CorillmloaWy Opexating Reference Slahon& (CORS) via Real Term Nntanalic JRYK) tnuihw%� Th. "L�rwuu zjj,,,aj here on repro sent surface vaW& uti I iging on Average Con 0utiw Facwrc I 11.000147317 to scale from grid to surfwa. 2 Thl 6 exhibit was prepared without the benefit of a curent lillo commItmeni. AdTfillonal oapwnvnj}, rq)lii,vr.way unil/orothor matters of record may alfacl this 11001 that are not shown her n.. eaque nail & perkins C..1'. Fl.,. D&.' S.11. 320 De -Ion, lia.m 76205 940.393AI77 ph 94US3.9016 Ix tnp', Www.,.,,,,.... �j r MHALM-100 �CONSTRUCTI N EASEMENT No. I 9.833 ACRES T. 6 TEO ............ I ............... TODD B. TURNER 4859 tnp RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. SAVEAND MXEPT VOL 607, PG. 217 0 50 100 SCALE: 1" = 50' LEGEND C ALCLILATED POW 0 1/2 IRON ROD FOUND UNLESS NOTED 01 HERMSE Wj CONTROLLING MONLINIENT ED TELEPHONE MOW —PO-A—C—A POLE IssaO GUY HARE 4 1 UTILITY SIGN UNLESS NOT W OTHERVAM F2tJ.'FT5ER OPTIC MARKER EAGIFUENT'DOUNDARY PROPERTYLINE EXISTING EASEMENT APPROXIMATE SURVEY UNE_ ul QD E— — oyERNEADELKCTRIC NLar w OM Z ca z 00 EXISTING 15' WATER LINE EASEMENT VOL 4705, PG. 830 R.P.P.D.C.T. @ @EX STING I ELECTRIC EASEMENT—< VOL 519, PG. 105 D.R.D.C.T. NOTES., I. Bearings of lines shown hereon are referenced to Grid North of 0o Texas C=&-nato System of 1903 (Nwlh Cantmi Zoflo: NADD312DT $) EPOCH 2D1:D) as dwi-ood ioca!ly Irtuoi Wastwn Data Sy5tums CorillmloaWy Opexating Reference Slahon& (CORS) via Real Term Nntanalic JRYK) tnuihw%� Th. "L�rwuu zjj,,,aj here on repro sent surface vaW& uti I iging on Average Con 0utiw Facwrc I 11.000147317 to scale from grid to surfwa. 2 Thl 6 exhibit was prepared without the benefit of a curent lillo commItmeni. AdTfillonal oapwnvnj}, rq)lii,vr.way unil/orothor matters of record may alfacl this 11001 that are not shown her n.. eaque nail & perkins C..1'. Fl.,. D&.' S.11. 320 De -Ion, lia.m 76205 940.393AI77 ph 94US3.9016 Ix tnp', Www.,.,,,,.... �j r MHALM-100 �CONSTRUCTI N EASEMENT No. I 9.833 ACRES T. 6 TEO ............ I ............... TODD B. TURNER 4859 tnp RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. SAVEAND MXEPT VOL 607, PG. 217 0 50 100 SCALE: 1" = 50' LEGEND C ALCLILATED POW 0 1/2 IRON ROD FOUND UNLESS NOTED 01 HERMSE Wj CONTROLLING MONLINIENT ED TELEPHONE MOW —PO-A—C—A POLE L GUY HARE 4 1 UTILITY SIGN UNLESS NOT W OTHERVAM F2tJ.'FT5ER OPTIC MARKER EAGIFUENT'DOUNDARY PROPERTYLINE EXISTING EASEMENT APPROXIMATE SURVEY UNE_ 1i EXISTING CENTERLINE EDGE OF ASPHALT E— — oyERNEADELKCTRIC TEMPORARY CONSTRUCTION EASEMENT NO. I SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS EXHIBIT "Bin EXISTING 20' EASEMENT 'ASSETS OPERATING COMPANY DOC. NO. 2007-142652 RP�R-D.Cx, "As s IGN EXISTING 15! ELEarlc EnAAT VOL. 619, PG. 165 D.R,D,C.T, EXISTIL 15'GTI11 4 1 SOUTHWEST EASEMENT - VOL. 3070, PG. 632 D.kO.C.T, EXISTING ' 15' WATER LINE EASEMENT VOL 4795, PG. 830 R.P.R ; 11, 1 illill' 1115 11117111, iro, . 1,11,01 , k LEGEND CALCULATED POINT - 0 12 IRON ROD FOUND UNLESS N OTCO 0114MVaC ,Cvj CONTPOLLimG MONUMENT TELEPHONEUTILITY POVX.RFOLr GUY PARE .UTILITY'SIGN U1 ILE NO -T ED OTHERWSE FOM FIBER OPTIC R EASEMENTSOUNDARY PROPERTYLINE EXISTING EASEMENT APPROXIMATE SURVEY LINE Ij EXISTINOCENTERLIN EDGE OFAGPRALT I OVERHEAD ELECTRIC 0 50 100 SCALE: 1"= 60' TEMPORARY CONSTRUCTION EASEMENT No. i 9.833 ACRES tnp RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. SAVEAND EXCEPT VOL 697, PG. 217 NOT MES - 1. Beatings of the$ Shown hereon are referenced to Grid North of the Texas Covdinala Systwir of 1063 (Nor0i Conlin] ZoiwNA083(2011) EPOCI 1 20101.ai F denied locally from Wostom 0313 liysloms conliwougly Opixatinu I'tolarorice Ztak,ns On G) -t (C via Rua[ Tima Kinam mic in TX i merrw4 s, 1 -c 4i mjarlt4 -� bi"j, h9wiflan represent hurfAco vitkiiis ufilizirV an Average Combination Factor of Tao Ca 1.833 ACRE 1 000 1 e7 31710 SC We from g6d to surface. 2. ..* ............. .......... TEMPORARY CONSTRUCTION This exhibit was prepared without the benefit of a current title commitment, TODD 0. TURNER Alaitional easements, 6qblD•nf-way and/or other matters of record may affaci this41!359 .............. I ........ EASEMENT FAO. I 11ACI OW are MI NKDWn hafftev) teague & 1�f.' , 1.) SITUATED IN THE nail perkins N. MEISENHAMER SURVEY, ABSTRACT NO. 810 1517 C.nhs lil.c. oil—, 5.6 320 CITY OF DENTON, DENTON COUNTY, TEXAS Damon, Te.01 76205 tnp ?%^,a, 940.383.4177 ph 940.163.8026 1. -4i .wwJoplrtc— DME13222 SHEET 5 OF 11 MATCHLINE • SEE SH. 7 OF 111- EXHIBIT "Brr - 55 - ** i'iifNf7'1" .L) Ci070y, �U. GA!; SIGN �J s � � �, � Nom➢ 411*� � �y $3ry^fe} ��'� � m rC r �,p era EXISTING 20' EASEMENT' ENERGY ASSETS #"" v1�4OPERATING COMPANY 'r � , TEMPORARY DOC. NO. 2007-142652CONSTRUCTION R,P.R.D.C.T. EXISTING 15'EASEMENT No. I WATER LINE EASEMENT,/ 9.833 ACRES VOL. 4795, PG. 830 R,P,R.D,C.T_� LING 1a I RAYZOR INVESTMENTS, LTD. ELECTRIC EASEMENT VOL 619, PG. 165 SECTION 3, TRACT FOURTEEN � , DIR.D.C.T. *� ;i PART OF CALLED 76.36 ACRES e VOL. 1796, PG. 601 EXISING is,J19D.R.D.C.T. SOUTHWEST EASEMCNT - I I SAVE ANOO(CEPTVOL 697, PG. 217 tnp Ca VOL. 3079, PG. 632 �" `` • � D,R.D.C.T. I CMM I 0 50 100 Q SCALE: 1" = 50' d) a 3 r ' Nt *il N LEGEND _ ® O 1R IRON ROD FOUND UNLESS NOTED OTHERWISE TELEPHONE UTLITY ¢ i$j PCvgn' POLE 75.01 ( OUYWIRE Q - .� UTILITY SIGN UNLESS NOTED OTHERWASE I FOM PIKER OPTIC MARKER W m I(j MBNT D Y ow w �, I4 PROPERTY LINE U %I k •--» EXISTING EASEMENT ¢ S rr APPROMMATE SURVEY UNE IJ - , -^- F EX TINOCENTERLINE EDGE OF ASPHALT 751, , 1 F 5 -----0 E— — ovERHEAD ELECTRIC f ATCHLI E- BEE BFI. 5 OF I I NOTES: 1 Boarfngs of lines Shawn hereon are referenced to Grid North of ft Texas Coordinate System of 1983 (North Central Zone: NAD63(2011) EPOCH 2010) as denvoo locally from Western Data Systems Caltinuovslyolaehgljnfi tiofarence 0);" Stations (CORS) vis Real Time K nema[to IRTK) rncihad,. The d.stenccs sham hereon ropro sent swface valuas LAW ng on Average Combination Factor of yr ,. 1 D T $p "•. 1.000147317 to scale from grid to sudaco. qty 1.833 ACRE 2. This exhibit was prepared without Rho benolit of a current title commitment. - - . TEMPORARY CONSTRUCTION Arldidonnl Baaum€ants, Nphlm�f.wey and/or other matters of record may affect this TODD B TURNER - lendthatorenctehoxnlV„rracxr. v ••••• •••••� EASEMENT a 4859 SITUATED IN THE f G null & p SCI C 4_ �N. MEISENHAMER SURVEY, ABSTRACT N0.810 tela c rr °' O 4. Sul➢, aao �T- L CITY OF DENTON, DENTON COUNTY, TEXAS D arum. r ®, anxos � �`U R f�-^' � �P �* } 440 dei 417r Pb 440A41.erl7L fa r " .r«P+ •� �� DME1322-2 SHEET 6 OF 11 a rFrsaice ret I:I:a: ra+L ei3+ r�xena,r e.ar. e,r.s+v, r,.... zy,s�:;,.{aw�a;—iz:n +snve;:A: r�+ sc s. r; STORM DRAIN MANHOLE 01, SURVEYLINF 74.9' EXHIBIT "B" LINE BEARING I DISTANCE RAYZOR INVESTMENTS, LTD. L_L2 I S 88'33'39" SECTION 3, TRACTTHIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. -�q EXISTING 1S' ELECTRIC EASEMENT VOL. 619, PG. 165 D.R.D.C.T. EXISTING 15' GTE SOUTHWEST EASEMENT VOL 3079, PG. 632 D.R-n-r.T- CONC. ev1l"61'. '3339 W L—� 67. 51, ---\ L2 TELE- �i i NOTES: 1. Bearings of lines shown hereon are referenced to Grid North of the Texas Coordlntne Syrturn w ion (North ceiiijai osur NA081(201 1) EPOCH 7010) al danvod IQ"Ijy from waslarn Daus Systems continucusly Q)Qrarinq ReforDext, StaflDns JCORS) via Roof Timo K4wroictio (nT,x) mothws, Thd,51iNn"45ww4l hWoon rQPe05cn!1 DuAgea vatacoo Wilizing an Ayofapor COMM nasion r, arl" 0 1. .000147317 to scale from grid to "ace, 2. This exhibit was propoed without the benefit of a cLarent title corounihnent. A4611vnal astoments, IlgNmf,wny and/or Other mailers of record may affect this Irar"i that are not Mwrt INNO'XI, t league nail & porkins D4-' SO'. 37O % n,p -20' DRAINAGE EASEMENT DOC. NO. 93-035031 R.P.R.D.C.T. LEGEND is CALCULATED POINT 0 V2 RON ROD FOUND UNLESS NOTED OTHERMSE —, CONIFIOLLINOMONUMCNT UTI TELEPHONE UTILITY MI PCIPAPER POLE 1.833 ACRE NOWD FOM FIBER OPTS MARKER EASEMENTSOUNDARY PROPERTY LNE EXIST446 EASEMENT APPROXIMATE SURVEY LINE 7 0l 4, EXISTWO CENTERLINE BIDGE OF ASPHALT OVERHEAD ELECTRIC PROPEfiTy CITY OF DENTON M6311 ACRES ------- ORDINANCE NO. 93 -Cao F R IsTRI515T AND UTILITY PURPOSES OOC. NO. 93-03W30 KRI'LDC.T, S 88033'39" E 486.26' E 16' PUBLIC? LITIL17Y EASEMENT O DOC. NO, W-035032 R.P.R.D.C.T. RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN PART OF CALLED 76.36 ACRES VOL. 1796, PG, 601 D.R.D,C.T, SAVEAND FXCIFPZ VOL. 0,07, PG. 211 0 tnp 0 Q TEMPORARY CONSTRUCTION EASEMENT No. I 1.833AORES 0 50 100 I 01� F - -.— 6 T Ltjio�0 %+ 6 4" * SCALE: I"= 60' ................... TODD S. :Y�U�R�N�ER�.'_ 1.833 ACRE .. . ..................... 4859 MPORARY CONSTRUCTION �ji EASEMENT NO. I SITUATED IN THE 7 0l N. MEISENHAIVIER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 7 OF 11 GZ3 5�} CONC. qP ORNE 1.65' t1r rI t 1n• IRr L'_J n�C1 (CM) Q G EXISTING 15' ELECTjcEASEM11 VOL. 519, PG. 165 D.R,O.0 T. SIGH RIGHT LANE MUST TURN EXISTING 15' GTE SC UTHWLT EASE El IT VOL. 3079, PG. 632 Q D - I /✓ CITY OF DENTON, TEXAS IRAW/CALLED 1.334 ACRES ' HOUSE / DOC. NO. 2016-25144 •• �FL6,VCL l . DR/La'E. I r` ,1f�r :,'I O.R.D.C,T. N 892753'° X,- 65. 85' L.1 ILL. t4JJ �f Da GTE TOLE FOM I i t 74.8' NOTES: MATCHLINE - SEE SH. 9 OF 11 1. Bearings of lines shown hereon are referenced to Grid North of the Taxes Coordinate System of 1983 (North Central Zane: NAD83(2011) EPOCH 2010) as derived Melly from Westem Data Systems Continuously Operating Reference Stations (CORS) vie Real Time Klnemallo (RTK) mellods. The distances shown harson represent surface values vtllicing an Average Combination Factor of 1. 147317 to scale from grid to surface. 2. This exhibit was prepared wllhoul the benefit of a currant lulu commitment Additional easements, riohisror-way and/or other mallors of rocard may alloct eds Irect that are not shown league nail & perklns 1517 C.ntre Place Driee, Wt. 970 Donlon, Texas 76705 940.383.4177 ph 940.361.602612 IF tnp www.lnpinecom ,W N 89"2753" W 169.84' PROPERTY LINE POINT COMMENCINGBEGINNINGTCE No. 2 POINT OF! TCE No. 2 1/2e CIRF ALLIANCE" (CM) EASEMENTTEMPORARY 00 CONSTRUCTION ole 2 1.601 ACRES RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. 0 50 100 SCALE: 1"= 50' LEGEND CALCULATED PONT , 9 a TOLE PHONC UTILITY IN GW HARE 4 UTILITY SIGN UNLESS NOTED OTHERV6SE c , --- -- __-- _-- - EASEMENTSOUNOARY PROPERTYLWE ^-�--•-- EXISTING EASEMENT N Iy O fry o - = EWE OF ASPHALT NOTES: MATCHLINE - SEE SH. 9 OF 11 1. Bearings of lines shown hereon are referenced to Grid North of the Taxes Coordinate System of 1983 (North Central Zane: NAD83(2011) EPOCH 2010) as derived Melly from Westem Data Systems Continuously Operating Reference Stations (CORS) vie Real Time Klnemallo (RTK) mellods. The distances shown harson represent surface values vtllicing an Average Combination Factor of 1. 147317 to scale from grid to surface. 2. This exhibit was prepared wllhoul the benefit of a currant lulu commitment Additional easements, riohisror-way and/or other mallors of rocard may alloct eds Irect that are not shown league nail & perklns 1517 C.ntre Place Driee, Wt. 970 Donlon, Texas 76705 940.383.4177 ph 940.361.602612 IF tnp www.lnpinecom ,W N 89"2753" W 169.84' PROPERTY LINE POINT COMMENCINGBEGINNINGTCE No. 2 POINT OF! TCE No. 2 1/2e CIRF ALLIANCE" (CM) EASEMENTTEMPORARY 00 CONSTRUCTION ole 2 1.601 ACRES RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. 0 50 100 SCALE: 1"= 50' LEGEND CALCULATED PONT 0 112 IRON ROD FOUND UNLESS NOTED OTHERN98E �u CONTRt�LING Lr�`]VtU1AENT TOLE PHONC UTILITY l POKER POLE GW HARE 4 UTILITY SIGN UNLESS NOTED OTHERV6SE FOAI FIOEq OPTIC MARKER --- -- __-- _-- - EASEMENTSOUNOARY PROPERTYLWE ^-�--•-- EXISTING EASEMENT -°- ^- APPROXIMATE SURVEY LINE Q EXISTING CENTERLINE - = EWE OF ASPHALT E-- OVERHEAD ELECTRIC LINE j BEARING DISTANCE C•..,, L1 S 89-2753- E 50.00' 0 .'G1 sTFR.... -TI '.1.601 ACRE —4WD B. TURNER .... TEMPORARV CONSTRUCTION ., ...... ;.. 48FI EASEMENT e SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 SU G CITY OF DENTON, DENTON COUNTY, TEXAS I � DME13222 SHEET 8 OF 11 EXISTING 1V GTE SOUTHWEST EASEWT VOL. 3079, PG. 632 DAM.C.T. In ed cr) Uj Pyr P 0 c) 31 0 0 R LEGEND CALCULATEDPOINT 0 112 IRON ROD FOUND UNLESS NOTED OTHER%MSE C., CONTROLLING MONUMeNT ITS TELISPHONEUTILITY POMRPOU! GUYWM UTILITY 5*N UNLEGS NOTED 07HERVI4SE MARKER EASEMENT BOUNDARY PROPERTYLINE EXI3'nNO EASEMENT NOTES:— — — APPROXIMATE SURVEY UNE NOTES:- 1t - SEE SH. 10 OF 11 -q EXISTWOCENTERLINE 1. Bearings of lines shown hereon are referenced to Grid North of the Taxes EOOP OF ASPHALT COWdInnio SYMOM of 1983 (NOWI Conlrot Zona: NADW3g201 1) LPOCH 2010) A% ----- — OHE®OVERHEAD ELECTRIC dedv0d locally from WoMm Data Systorna C Opo 17 1 1 Station, (CORS) Vie nvat Time W�wsnaflc ('RTK) rfiulrlWa� T1,w fl�uluncus bfi�,yri .. . ...... r e hereon resent surface values utilizing an Average Comnatlon Factor of . S T Ep'-. 4- 1.000147317 to scale from represent to Surface. Wvbv f0%1."y_ 1.601 ACRE 2. This exhibit was prepared without the bonefil or a current 11110 commitment, AdIlSonat jlpowni-way and/or other matters oftecord may affect IN@ Iraacl 0141 Ato n131 thown twrcton, feague nail erkins 1 $17 co.he 101-4 Drive. Suite 310 Donion, T@Acs 76905 940193.4177 ph 940383.9026 Ix tnp www.Inpl—corn .............................. TEMPORARY CONSTRUCTION TODD 0. .. TURIN EASEMENT SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 U � CITY OF DENTON, DENTON COUNTY, TEXAS '4 DME13222 SHEET 9 OF 11 EXHIBIT 1111311 EXISTING iW GTE SOUTMCST VOL. 3079, PG. 632 D.R.D.C.T. ITEXISTING IWELE IC EASEMENT VOL 6119, PG. 166 D.R.D.C.T. gfflz�q MATCHLINE - SEE SH. 1. 000r;rwgs tj hues si-ami tiorevi am referencod to Grp! Nor vtol Ow, To as Coordanonr Sytiam of 1083 (North Central 7ona: NA,013-I(2011) EPOCH W10)(16 dowed locally (torn Wwitern Dow Syrtam& Corn lmou5lyOpQrvfing r4ciefor-ca Stations (CORS) via Real TImo Kirlomallc (R1K)mo1hW%, IhOrlinlimos shown hcouvn represent surface values ulifiz Ing snAycrzgo Go",Um*ko FA001 of UOW47317 to scale from Grid to Surface. 2 1 h1s exhlbil was pruparadwAout Ilia benefit of a cateni lido ccrnmitlnalV. AdOdlonal easemods, FiglhW-WWdyandlor other manors of row d may affect INS tract that are not shown harem ttnpteague nail & parkins 1517 63. C..I,. Pl... Dd-, $Donlon,01. 220 Donlon, Texas 76105 940.34177 ph 9"10.363.60361. —10pl—com TEMPORARY 1.601 ACRES RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. 0 50 100 SCALE: I"= 50' 1.601 ACRE TEMPORARY CONSTRUCTION EASEMENT NO. 2 SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS IMMA t0i 211-K Iflz AM -1:11 Awl M liff i EXISTING 15' ELE4110 EASLUINT VOL. 519, PG. 165 EXISTING 15' GTE SOUTI-IWtST I—) VOL. 3079, PG. D.R.D.C.T. 632 POV4 A PM I'Mar UTILITY SIGN UNLESS NOTED OTHERWISE FOM FIDEA OPTIC MARKER U1 11� vi APPROXIMATE SURVEY LINE 9. EXISTING CENTERLINE 1E HE I -OVERHEAD ELECTRIC LU zUj @ Z z 80 Zy STORM MHttt C9 9 @9 il�R I i� I ---1- 4— N 88'3339" W 1- 67.50' -- I] LINESEARING—8ifARINc�;'T DISTANCE L2 J--5-0--00' I TEMPORARY RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. Q C). o 51® t Cf1fp � GK" PROPERTY LINE 20' DRAINAGE EASEMENT DOC. NO. 93-035031 R.P.R.D.C.T. LA S 88*3339" E 485.96' STOPa. CITY OF DENTON — SIGN i CON CURJ3 0.631 ACRES V "4 '4'-7— ORDINANCE NO. M -W6 FOR STREET AND UTILITY PURPOSES DOC. NO. 93-035030 R.P.R.D.C.T. LEGEND ,A CAt0uLxrI1,0 POINT 0 112 IRON ROD FOUND UNLESS NOTED OTHERVASE COMMOLLING MONUMENT TO"HONEUTLITY POV4 A PM Guy vvq4L UTILITY SIGN UNLESS NOTED OTHERWISE FOM FIDEA OPTIC MARKER EASEMENT BOUNDARY PROPERTY LINE EXISTING EASEMENT APPROXIMATE SURVEY LINE 9. EXISTING CENTERLINE W HE I -OVERHEAD ELECTRIC LU z -748 @9 il�R I i� I ---1- 4— N 88'3339" W 1- 67.50' -- I] LINESEARING—8ifARINc�;'T DISTANCE L2 J--5-0--00' I TEMPORARY RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT THIRTEEN CALLED 26.466 ACRES VOL. 1796, PG. 601 D.R.D.C.T. Q C). o 51® t Cf1fp � GK" PROPERTY LINE 20' DRAINAGE EASEMENT DOC. NO. 93-035031 R.P.R.D.C.T. LA S 88*3339" E 485.96' STOPa. CITY OF DENTON — SIGN i CON CURJ3 0.631 ACRES V "4 '4'-7— ORDINANCE NO. M -W6 FOR STREET AND UTILITY PURPOSES DOC. NO. 93-035030 R.P.R.D.C.T. LEGEND ,A CAt0uLxrI1,0 POINT 0 112 IRON ROD FOUND UNLESS NOTED OTHERVASE COMMOLLING MONUMENT TO"HONEUTLITY POV4 A PM Guy vvq4L UTILITY SIGN UNLESS NOTED OTHERWISE FOM FIDEA OPTIC MARKER EASEMENT BOUNDARY PROPERTY LINE EXISTING EASEMENT APPROXIMATE SURVEY LINE 9. EXISTING CENTERLINE EDGE OF ASPHALT HE I -OVERHEAD ELECTRIC RAYZOR INVESTMENTS, LTD. SECTION 3, TRACT FOURTEEN CALLED 76.36 ACRES VOL. 1796, PG. 601 D.R.D.C.T. 00 ES, 1. floadnfp of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1003 (North Central Zone: NAD83(201 1) EPOCH 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (CORS) via Real Time Nnomallic (RTX) methods The distances shown hereon represent surface values utilizing an Average Cwribination Factor of 1.000147317 to scale from WW to surface. 2. This exhibit was prepared without the benefit We current title commitment Additional easements, right"l-way and/or other matters of record may affect this tracl that are not shown hereon. t teague nail & perkins C..h. fl.,* Dd-. S.M. 320 D.M.n, T—s 76105 940.353.4177 ph 940.293.8026 1. Ax np W—Inpinc.com 7, tG 1.601 ACRE TEMPORARY CONSTRUCTION EASEMENT 140. 2 SITUATED IN THE N. MEISENHAMER SURVEY, ABSTRACT NO. 810 CITY OF DENTON, DENTON COUNTY, TEXAS DME13222 SHEET 11 OF 11 Exhibit "H" Form of Release Instrument Attached Hereto. Bonnie Brae/Riney Tract Exchange Rayzor Investments — City of Denton Exhibit "H" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE OF RIGHTS AND INTEREST WHEREAS, by the certain instrument dated , recorded at Document No. 2017- , Real Property records, Denton County, Texas, the City of Denton, a Texas home rule municipal corporation, is the holder of a temporary right of entry and grant of possession in, along, over, upon and across certain property more particularly described therein; and, WHEREAS, the City of Denton desires to have said right of entry and grant of possession remised, released and forever relinquished; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, the City of Denton, a Texas home rule municipal corporation, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, has forever remised, released and relinquished and by these presents does forever remise, release and relinquish all rights and interests created and established in the above-mentioned instrument. Executed by City of Denton on the day of 2017. CITY OF DENTON, a Texas home rule municipal corporation By: TODD HILEMAN, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM; AARON ���L, INTERIM CITY ATTORNEY BY: ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the day of „ 2017, by Todd Hileman, City Manager, City of Denton, a Texas home-rule municipal corporation, on behalf of said municipal corporation. Notary Public, State of Texas Page 1 of 1— Release of Right of Entry and Grant of Possession LETTER AGREEMENT — CLOSING DATE EXTENSlON Re: Contract of Sale approved by the City of Denton Cify Council February 21, �'t��i (�'�ra�+�r�� �A��rr�'� It�rr� �4 � li� ���f281) �`f�i� "'+���t���t'), m��� ��r �r��" ��,�v��r� R�y��r 1r�v���rr��r�t�, �.�,�., a T�,�a� limr"t�� p�r�rr�r�i��,� l'��`� ���';?� ��� ��� �lt�r �� ��r���rr�, a Texas home ru/e municlpal corporation ("Denton "), concerning exchange of real property sifuated in Denton County, Texas. City Manager City of Denton, Texas 215 E. McKinney Street Denton, Texas 762Q1 Dear Mr. Hileman: This (��k�r agreement ("Le��r Ag�-��m��t"�, if a���pt�� by you in the �p��� below, shall ��r��titute a binding ��r�em+�nt b��+��n ���t�r� �rtd Rayzor conc���i�� properly rights relating to the Contract. The "Closing Date" is defined in Contract Sectfon 7.1 as subject to possible extensian by mutual written agreement befinreen Rayzor and Denton, with the City �ar�ag�r �f i�����n t� �r�r�� ���h��r�ly t� ����e to any ���h �,����ion on ���a��f of �����n, ��tir�� in �i� s��� �i�cr��i��. R���r ��d Denton n�►nr r��t���[y intend ta� ��t�nd �he �la��ng ���� �� c�+�t�r��d i� t�� �c�n�r��. For and in consi��r��ion of the ������ing recitals, whlch are incorporated herein, and other good and �v�I�able con�id�rr�tion, the sufficiency of which is hereby acknvw��dged, Rayzor and Denton hereby acknowledge and agree with and to the folf�wir��: 1. Rayzor and Denton agree that the "Closing Date" is hereby extended and now defined ta be �n �r ����r+� A r�l �� �{�� �'. 2. The below indfcated date of Denton's signature is the effective date of this Letter Agreement, 3. All capitalized terms used herefn and not otherwise amended or defined shall have the meaning set forth therefor in the Contract. 4. Except as expressly amended hereby, the Contract and a!I rights and powers created thereby ar thereunder are in aU respects ratified, confirmed and shall remain in full force and effect. However, where any terms and provisions of this Letter Agreement Letter Agreemenf — C/osing Extension Page 9 conflict or provisions prevail. are inconsistent with the Contract, then the terms and of this Letter Agreement shall govern, control and � h�7 � �I��Ia��'U � ACCEPTED AND AGREED TO THIS DENTON: Very trvly yours, RAYZOR INVESTMENTS, LTD., a Texas limited partnership By: The Rayzor Company, a Texas corporation, its �e��r [ Partner By: '�� Philip ���r Vice ����i��nt � ��� � � � � DAY OF � - � a��'� 2017 BY: City of Denton, a i���'� home rule municlpal corporation � � � � � � � � � � : �,� , �� ,� � r � � ,._ �._ , , , � r �., • _ ��,� ��y �,., � � _. a b: e � r ��_ Todd Hileman,`��if�r Manager Attest: Jennifer Walters, Cl#y Secretary �y: � � � � �, Approved as to iegal form: Anita Burgess, City Attorney � c ��a -- � � -- LetterAgreement— Closing Exfension Page 2