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20-1916ORDINANCE NO.20-1916 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTIAL SURFACE WAIVER AGREEMENT, GRANT OF SUBSURFACE EASEMENT, AND AGREEMENT TO EXPAND EAGLE FARMS A IH PAD SITE BETWEEN DEVON ENERGY PRODUCTION COMPANY, L.P. AND THE CITY, REGARDING PROPERTY IN THE WILLIAM WILBURN SURVEY, ABSTRACT NO. 1419, DENTON COUNTY, TEXAS, AND LOCATED GENERALLY ON THE NORTH SIDE OF TOM COLE ROAD, ADJACENT TO THE NORTHWEST END OF DENTON ENTERPRISE AIRPORT, WITHIN THE CITY OF DENTON; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (“City”) is the surface owner of approximately 340.469 acres of land situated in the Gibson Myers Survey, Abstract No. 843, the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699, the Moses H. Davis Survey, Abstract No. 377, and the Williams Wilburn Survey, Abstract No. 1419, all within the City of Denton, Denton County, Texas, as more fully described in Exhibit A to the Agreement attached hereto (the “Total Property”); and WHEREAS, 25.630 acres of the Total Property, all situated within the Williams Wilburn Survey, Abstract No. 1699, as more fully described in Exhibit B to the Agreement attached hereto, has been designed by the City as a Runway Protection Zone for the Denton Enterprise Airport (the “RPZ Tract”); and WHEREAS, Devon Energy Production Company, L.P. (“Devon”) is the record owner of that certain Oil and Gas Lease dated November 17, 1999, by and between Eagle Farms, Inc., as Lessor, and Roger A. Soape, Inc., as Lessee, filed in Volume 4575, Page 1371 of the Real Property Records of Denton County, Texas (the “Lease”); and WHEREAS, the Lease is pooled with other leases and interests of third parties into the Eagle Farms GU “ N’ Unit, which covers the entirety of the Total Property; and WHEREAS, the RPZ Tract is in conflict with at least potential pad site reflected on Gas Well Plat AGWP06-0001, which was previously filed with the City prior to the City’s acquisition of the Total Property; and WHEREAS, in the interest of public health and safety, the City has requested Devon to waive surface use of the RPZ Tract; and WHEREAS, Devon has agreed to waive surface use of the RPZ Tract in exchange for the expansion of an existing pad site located elsewhere on the Total Property; and WHEREAS, Devon and the City have agreed to a Partial Surface Waiver Agreement, Grant of Subsurface Easement, and Agreement to Expand Eagle Farms A IH Pad Site (the “Agreement”) which is attached hereto as Exhibit 1; and WHEREAS, the City Council has found and determined that the Agreement is in the public interest; NOW, THEREFORE: THE COUNCIL OF THE CITY OF DENTON ORDAINS: SECTION 1. The findings and recitations contained above are incorporated herein by reference. SECTION 2. The Agreement, a copy of which is attached hereto as Exhibit 1, is approved and the City Manager, or his designee, is authorized to execute the Agreement on behalf of the City of Denton. SECTION 3. The City Manager, or his designee, is further authorized to carry out all duties and agreements to be performed by the City under the Agreement, including, but not limited to, the execution of a Memorandum of Partial Surface Waiver Agreement to be filed in the deed records, the form of which is attached hereto as Exhibit 2. SECTION 4. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or sectIon. SECTION 5. This ordinance shall become effective immediately upon it passage and approval. The motion to appr9 seconded by Jla1,1 F tote [ :+by the foIIo' 'e thi i ordinance was made by Thisabl ;smrovedlance was r Z \/ Aye V/ Z hZ hZ Nay Abstain Absent Mayor Chris Watts, Gerard Hudspeth, District 1 : Keely G. Briggs, District 2 : Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: Page 2 of 3 PASSED AND APPROVED ATTEST: ROSA RIOS, CITY SECRETARY this the Ly of 2020 CHRIS WATTS. MAYOR e .%b‘ AS TO LEGAL FORM CITY ATTORNEY B Y : Z AARON LEA Page 3 of 3 DocuSign Envelope ID: 4DOACD2A4B2D41 18-B7F54D3F745D9BOB Exhibit 1 PARTIAL SURFACE WAIVER AGREEMENT, GRANT OF SUBSURFACE EASEMENT, AND AGREEMENT TO EXPAND EAGLE FARMS A IH PAD SITE Devon Energy Production Company, L.P., an Oklahoma Limited Partnership, whose address is 333 West Sheridan Avenue, Oklahoma City, Oklahoma 73102-5010 (hereinafter referred to as “Lessee”) and the City of Denton, a Texas home-rule municipal corporation, whose address is 215 E. McKinney St., Denton, Texas 76201 (hereinafter referred to as “Surface Owner”) enter into this Partial Surface Waiver Agreement, Grant of Subsurface Easement, and Agreement to Expand Eagle Farms A 1 H Pad Site (the “Agreement”). WHEREAS. Lessee is the record owner of that certain Oil and Gas Lease dated November 17th, 1999, by and between Eagle Farms, Inc., a Texas Corporation, as Lessors, and Roger A. Soape, Inc., as Lessee, covering 660.14 acres of land, more or less, out of the A. Miller Survey, A-887, Gibson Myers Survey, A-843, the J.F.M, N.F.B, F.P. J & C.R.G. Survey, A-1699, William Wilburn Survey, A-1419, M.H. Davis Survey, A- 377, G.H. Barb Survey, A-208, M.E.P. & P. Railroad Survey (No Abstract Number), Denton County, Texas, and filed of record in Volume 4575, page 1371 of the Real Property Records of Denton County, Texas (hereinafter referred to as the “Lease”); and WHEREAS, the Lease is pooled with other leases and interests of third parties into the EagLe Farms GU “A“ Unit and Lessee is the Operator under that Operating Agreement dated October 3, 2005; and WHEREAS, Surface Owner owns the Surface Estate of 340.469 acres of land, all of which are covered by the Lease, with said acreage more particularly described on Exhibit A attached hereto (the “Total Property”); and WHEREAS, Lessee and Surface Owner previously entered into a Partial Surface Waiver Agreement, which is filed as Instrument Number 143881 in the Real Property Records of Denton County, Texas, covering 116.659 acres of the Total Property (the “DEC Surface Waiver”); and WHEREAS, Surface Owner has requested Lessee to waive a portion of the Total Property not covered by the DEC Surface Waiver as more fully described and depicted in Exhibit B attached hereto (the “Airport RPZ Surface Waiver Property”) and Lessee has requested Surface Owner to expand the pad site where the Eagle Farms G.U. “A“ 1 H (API # 42-121-3273400) well is located to the dimensions set forth and described on Exhibits C and Exhibit C-1 (the “A IH Pad Site”); WHEREAS, Lessee has requested and Surface Owner has agreed to prohibit all installation and construction by Surface Owner, and any of its successors and assigns, of Protected Uses, and Residential Subdivisions on the Total Property unless compliant with the setbacks for a Drilling and Production Site established in the Development Code of the City of Denton, Texas (as such terms and setbacks are defined by the Development Code of the City of Denton Subchapter 6 Section 6.2.2, as amended in Ordinance No. DCA09-0009e). 1 DocuSign Envelope ID: 4DOACD2A4B2D4 118-B7F5-6D3F745D9BOB NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed by both parties, Lessee and Surface Owner hereby agree as follows: 1. Except as provided in the DEC Surface Waiver and hereinafter to the contrary, Lessee does hereby release and waive, on behalf of itself and its successors and assigns, but not on behalf of any other working interest owners in the Eagle Farms GU “A“ Unit, all rights of ingress and egress, and all other rights of every kind and character whatsoever, to enter upon or to use the surface of the Airport RPZ Surface Waiver Property regardless of how such rights may arise or exist, including, without limitation, all such rights arising under or by virtue of the Lease and/or applicable law. All transfers of Lessee’s interest in the Lease shall be subject to and burdened by this Agreement, including, without limitation, the foregoing waiver and relinquishment of surface rights in the Airport RPZ Surface Waiver Property. 2. To the extent not already granted, Surface Owner GRANTS, BARGAINS, SELLS, AND CONVEYS unto Lessee and Lessee does hereby RESERVE and EXCEPT unto itself, its successors and assigns, from this Agreement, a non-exclusive easement and right of way, and Surface Owner acknowledges that Lessee has a non-exclusive easement and right of way, to the subsurface of the Airport RPZ Surface Waiver Property for the purpose of exploration and production activities, including, but not limited to, the drilling, completing, deepening, reworking, recompleting, maintenance and operations in the search for and/or production of oil, gas (including all gases, liquid hydrocarbons and their respective constituent elements), and all other minerals and hydrocarbons from and transporting such through wellbore beneath the surface of the Airport RPZ Surface Waiver Property or lands pooled therewith or adjacent thereto. Lessee agrees that its operations beneath the surface and within the subsurface of the Airport RPZ Surface Waiver Property will be no less than five hundred (500) feet deep. 3. Lessee shall have the right, and is able, to expand the A IH Pad Site to the dimensions described on Exhibit C and depicted on Exhibit C-1 subject to the provisions of this Agreement. Surveying costs shall be borne by the Surface Owner. 4. This Agreement shall be effective as of the date specified below. 5. Other than as specifically set forth herein, this Agreement does not limit Lessee’s rights under the Lease or the Surface Owner’s right to obtain a further surface use waiver from Lessee on a portion of the Lease not covered by this Agreement. Similarly, this Agreement does not limit any other working interest owners’ rights under each such working interest owner’s lease within the Eagle Farms GU “A” 6. Lessee will not assign its rights and obligations hereunder other than in connection with an assignment of the Lease, in whole or in part. Any assignee of Lessee's rights under the Lease will be deemed to have accepted and assumed all of the terms and provisions of this Agreement as applicable to such assignee. Surface Owner may assign its rights and obligations hereunder in whole or in part. Following any sale and/or conveyance of any portion of the Total Property to a third party, such party will be considered the Surface Owner as to the portion of the Total Property it owns and subject to this Agreement. 2 DocuSign Envelope ID: 4DOACD2A4B2D4118-B7F5-6D3F745D9BOB 7. Other than as specifically set forth herein, Lessee covenants and agrees that it will strictly comply with all applicable laws, regulations, and ordinances in conducting all operations under this Agreement. 8. This Agreement shall be binding upon and shall inure to the benefit of each of the Parties hereto and their respective heirs, personal representatives, successors, and assigns. Without limiting the foregoing, the terms of this Agreement shall be covenants running with the Property binding upon Surface Owner and Lessee and any person or entity acquiring or succeeding to their respective rights in the mineral estate of the Property and inuring to the benefit of and directly enforceable by Surface Owner and all future owners of all or any portion of the surface estate of the Property 9. This Agreement may be signed in any number of counterparts, each of which will be considered an original for all purposes, with the same effect as if the signatures thereto and hereto were upon the same instrument. 10. The parties agree to execute, in recordable form, a memorandum of this Agreement so that the same may be filed for record with the County Clerk of Denton County, Texas. The actual Agreement itself shall not be filed of record. IN WITNESS WHEREOF, this Partial Surface Waiver Agreement, Grant of Subsurface Easement, and Right to Expand Eagle Farms A IH Pad Site is executed by the undersigned and effective as of the date of the last signature obtained below. --..- This space left blank intentionally ----- DocuSign Envelope ID: 4DOACD2A4B2D41 18-B7F5-6D3F745D9BOB LESSEE: Devon Energy Production Company, L.P. Catherine Lebsack, Vice President fh/a ACKNOWLEDGMENT STATE OF OKLAHOMA OKLAHOMA COUNTY S S This instrument was acknowledged before me this day of September 2020, by Catherine Lebsack, Vice President for Devon Energy Production Company, L.P., an Oklahoma limited partnership, on behalf of said limited partnership. Notary Public, State of Oklahoma DocuSign Envelope ID: 4DOACD2A-4B2D4118-B7F5-6D3F745D9BOB SURFACE OWNER: toaFmTir=;Miy–vaniii ACKNOWLEDGMENT STATE OF TEXAS DENTON COUNTY 5 S of ArrEST: Rosa Rios, City Secretary By:Tm'i THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational nd business terms SignatureDTrector – Airport, Capita1 Planning , Faci11ti es ILt£q1 i ties D:?£r:Tneenj: 9/16/2020 APPROVED AS TO LEGAL FORM: Aaron Leal City Attorney DocuSign Envelope ID: 4DOACD2A-4B2D41 18-B7F5-6D3F745D9BOB Exhibit "A" -Total Property LEGAL DESCRIPTION Eagle Farms and John Porter Auto Sales Tract BEING a tract of land situated in the Gibson Myers Survey, Abstract No. 843, the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699, the Moses H. Davis Survey, Abstract No. 377 and the William Wilburn Survey. Abstract No. 1419, City of Denton, Denton County, Texas, and being a part of a called 691,64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a point for corner in the North line of the above cited 691.64 acre tract, said point being the Northeast corner of a called 5.700 acre tract of land described in a Deed to Everette Newland, as recorded in Document No. 2012-19340 of the Official Records of Denton County, Texas, said point also being in the center of Jim Christal Road, a variable width prescriptive right-of-way; THENCE North 89'21'52" East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 1245.67 feet to a PK nail set for corner; THENCE North 89'31'54" East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 693.00 feet to a PK nail set for corner at the beginning of a non-tangent curve to the right; THENCE in a Southeasterly direction, along the North line of said 691.64 acre tract and along said Jim Christal Road, and along said non-tangent curve to the right having a central angle of 18'20'00", a radius of 1059.69 feet, a chord bearing of South 82'18'06" East, a chord distance of 337.63 feet and an arc length of 339,07 feet to a PK nail set for corner at the end of said cuIve THENCE South 72'18'58" East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 172.83 feet to a PK nail set for corner in the West line of a called 24.265 acre tract of land described as Tract 2 in a Deed to Lybbert Family Trust, as recorded in Document No. 2009-5235 of the Official Records of Denton County, Texas THENCE South 00'00'04" East departing the North line of said 691.64 acre tract and said Jim Christal Road, and along the West line of said 24.265 acre tract, for a distance of 84.71 feet to a 5/8 inch iron rod with cap stamped “TNP“ set for corner at the Southwest corner of said 24.265 acre tract; THENCE South 88'09'34" East along the South line of said 24.265 acre tract, for a distance of 191,10 feet to a 5/8 inch iron rod found for the Southeast corner of said 24.265 acre tract and the Southwest corner of a called 2.95 acre tract of land described in a Deed to JHR Construction Co., Inc., as recorded in Volume 4457, Page 1807 of the Real Property Records of Denton County, Texas; THENCE South 86'34'38" East along the South line of said 2.95 acre tract, for a distance of 264.31 feet to a point for the Southeast corner of said 2.95 acre tract; THENCE North 00'20'53" West along the East line of said 2.95 acre tract, for a distance of 8.53 feet to a point for corner near the centerline said Jim Christal Road and the North line of said 691.64 acre tract; THENCE South 87'21'11" East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 644.00 feet to a point for corner; THENCE South 86'41'11" East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road for a distance of 555.19 feet to a point for corner; THENCE South 85'46'07" East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road for a distance of 1 12.81 feet to a point for the Northwest corner of a called 23.076 acre tract of land described in a Deed to the City of Denton. Texas, as recorded in Document No. 2010-9442 of the Official Records of Denton County, Texas; THENCE South 08'12'59'' East departing the North line of said 691.64 acre tract and said Jim Christal Road. and along the West line of said 23.076 acre tract, for a distance of 1264.36 feet to a point for the Southwest corner of same, said point also being in the North line of a called 9.679 acre tract of land described in a Judgment as Cause No. CV-92-00522-C, and being recorded in Document No. 94-071012 of the Real Property Records of Denton County, Texas; THENCE North 89'46'03" West along the North line of said 9.679 acre tract, for a distance of 145.10 feet to a point for the Northwest corner of same; Page 1 of 4 DocuSign Envelope ID: 4DOACD2A4B2D4 118-B7F5-6D3F745D9BOB THENCE South 07'25'04" East along the West line of said 9.679 acre tract, passing the Southwest corner of same and an interior eII corner of said 691.64 acre tract at a distance of 504.51 feet, and continuing along the East line of said 691,64 acre tract for a total distance of 2015.34 feet to a 1/2 inch iron rod with cap stamped ''Vannoy 563-7101” found for an interior Southeast corner of said 691.64 acre tract; THENCE North 89'21'21" West continuing along the East line of said 691.64 acre tract, for a distance of 50.07 feet to a 1/2 inch iron rod with cap stamped “Vannoy 563-7101 ” found for an interior eII corner of same, said point being in the Northwest line of Tom Cole Road; THENCE South 24'52’16" West continuing along the East line of said 691.64 acre tract and the Northwest line of said Tom Cole Road, for a distance of 660.00 feet to a 1/2 inch iron rod found for the most Southerly Southeast corner of said 691.64 acre tract THENCE North 89'27'53'' West along the South line of said 691,64 acre tract and the North line of said Tom Cole Road, for a distance of 1441.63 feet to a 1/2 inch iron rod found for the most Easterly Northeast corner of a called 1 16.088 acre tract of land described in a Deed to Nucon Steel Commercial Corporation, as recorded in Volume 5255, Page 5740 of the Real Property Records of Denton County, Texas; THENCE North 88'50'56" West along the South line of said 691.64 acre tract and the most Easterly North line of said 116.088 acre tract, for a distance of 297.54 feet to a 1/2 inch iron rod found for the most Southerly Southwest corner of said 691.64 acre tract and an interior eII corner of said 116.088 acre tract; THENCE North 00'13'05" West along the most Southerly West line of said 691,64 acre tract and the most Northerly East line of said 116.088 acre tract, for a distance of 1004.53 feet to a 1/2 inch iron rod with cap stamped “Vannoy 563-7101 ” found for the most Northerly Northeast corner of said 116.088 acre tract and an interior eII corner of said 691.64 acre tract; THENCE North 89'50'49" West along the South line of said 691.64 acre tract and the North line of said 116.088 acre tract for a distance of 2358.32 feet to a 1/2 inch iron rod found for corner at an interior Southwest corner of said 691.64 acre tract and the Northwest corner of said 116.088 acre tract, said point also being in the East line of a called 152 acre tract of land described in a Deed to Walter B. (Bud) Wolf, as recorded in Volume 533, Page 541 of the Deed Records of Denton County. Texas THENCE North 00'26'46" East along an interior West line of said 691.64 acre tract and the East line of said 152 acre tract, for a distance of 599.88 feet to a 1/2 inch iron rod with cap stamped “Vannoy 563-7101” found for corner at an interior eII corner of said 691.64 acre tract and the Northeast corner of said 152 acre tract; THENCE North 89'19'25" West along the South line of said 691.64 acre tract and the North line of said 152 acre tract, passing a 5/8 inch iron rod with cap stamped “TNP” set for reference at a distance of 783.81 feet, and continuing along said line for a total distance of 845.95 feet to a point for corner in the center of Hickory Creek, said point being the Southeast corner of a called 10.036 acre tract of land described in a Deed to Charles L. Gregory and wife, Mary R. Gregory, as recorded in Document No. 94-038707 of the Real Property Records of Denton County, Texas, from which a 1/2 inch iron rod found for the Southwest corner of said 10.036 acre tract bears North 89' 19’25" West a distance of 806,13 feet; THENCE North 42'03'00" East departing the South line of said 691.64 acre tract, and along the center of said Hickory Creek, for a distance of 253.13 feet to a point for corner, from which a 5/8 inch iron rod with cap stamped “TNP“ set for reference bears South 47'57'34" East a distance of 62.00 feet; THENCE North 27'10'39" East continuing along the center of said Hickory Creek, for a distance of 658.88 feet to a point for corner in the South line of a called 18.000 acre tract of land described in a Deed to Everette Newland and wife, Jennifer Newland, as recorded in Document No. 2008-58941 of the Official Records of Denton County, Texas; THENCE South 79'38'43" East departing said Hickory Creek, and along the South line of said 18.000 acre tract, passing a 5/8 inch iron rod with cap stamped “TNP” set for reference at a distance of 62.00 feet, and continuing along the South line of said 18.000 acre tract for a total distance of 154.34 feet to a 1/2 inch iron rod found for the Southeast corner of said 18,000 acre tract and the Southwest corner of the above cited 5.700 acre tract; THENCE South 87'40'32" East along the South line of said 5.700 acre tract. for a distance of 128.07 feet to a 1/2 inch iron rod with cap stamped “RPLS 4857" found for the Southeast corner of said 5.700 acre tract; THENCE North 00'42'44" East along the East line of said 5.700 acre tract, passing a 1/2 inch iron rod with cap stamped “RPLS 4857” found for reference in the South line of said Jim Christal Road at a distance of 1688.82 feet, and continuing Page 2 of 4 DocuSign Envelope ID: 4DOACD2A4B2D41 18-B7F5-6D3F745D9BOB along said East line for a total distance of 1712.82 feet to the POINT OF BEGINNING, and containing 349.644 acres of land, LESS, SAVE AND EXCEPT a 6.772 acre tract described herein as SAVE AND EXCEPT TRACT ONE and a 2.403 acre tract described herein as SAVE AND EXCEPT TRACT TWO, leaving a net acreage of 340.469 acres of land, more or less Said SAVE AND EXCEPT TRACTS ONE AND TWO being more particularly described as follows: SAVE AND EXCEPT TRACT ONE BEING a 6.772 acre tract of land situated in the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699, City of Denton, Denton County, Texas, and being known as Lot 1, Block 1 of Krum Tap Electrical Switch Station, per Plat recorded in Document No. 2010-3 of the Plat Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a point for corner in the North line of called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas, said point being the Northeast corner of a called 5.700 acre tract of land described in a Deed to Everette Newland, as recorded in Document No. 2012-19340 of the Official Records of Denton County, Texas, said point also being in the center of Jim Christal Road, a variable width prescriptive right-of-way; THENCE North 89'21'52" East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 1 1 18.72 feet to a point for corner; THENCE South 19'26'51" West departing the North line of said 691,64 acre tract and said Jim Christal Road, passing a 1/2 inch iron rod found for the Northeast corner of a called 1.33 acre tract of land descrIbed in a Deed to the City of Denton. Texas, as recorded in Volume 1185, Page 999 of the Deed Records of Denton County, Texas, at a distance of 25.32 feet, and continuing along the East line of said 1.33 acre tract for a total distance of 164.33 feet to a 5/8 inch iron rod with cap stamped “TNP” set for corner at the most Easterly North corner of a called 1.069 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2007-108566 of the Official Records of Denton County, Texas; THENCE South 00'36'34" East departing the East line of said 1.33 acre tract, and along the East line of said 1.069 acre tract, for a distance of 93.36 feet to a 1/2 inch iron rod found for corner; THENCE South 19'27'37" West continuing along the East line of said 1.069 acre tract, for a distance of 132.79 feet to a 1/2 inch iron rod with cap stamped “Arthur" found for the Southeast corner of said 1.069 acre tract; THENCE South 11'07'48" West departing the Southeast corner of said 1.069 acre tract, for a distance of 1 16.38 feet to a 5/8 inch iron rod found for corner at the POINT OF BEGINNING for the herein described tract, said point being the Northwest corner of the above cited Lot 1 THENCE North 89'39'51" East along the North line of said Lot 1, for a distance of 500.21 feet to a 5/8 inch iron rod found for the Northeast corner of same; THENCE South 00'20'53" East along the East line of said Lot 1, for a distance of 500.10 feet to a 5/8 inch iron rod found for the Southeast corner of same; THENCE South 89'39'01" West along the South line of said Lot 1, for a distance of 679.36 feet to a 5/8 inch iron rod found for the Southwest corner of same; THENCE North 19'21'24" East along the West line of said Lot 1, for a distance of 531.34 feet to the POINT OF BEGINNING, and containing 6.772 acres of land, more or less; SAVE AND EXCEPT TRACT TWO BEING a 2,403 acre tract of land situated in the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699, City of Denton, Denton County. Texas, and being known as all of that certain 1.33 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Volume 1185, Page 999 of the Deed Records of Denton County, Texas, and all of that certain 1.069 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2007-108566 of the Official Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a point for corner in the North line of called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas, said point being the Northeast corner of a called 5.700 acre tract of land described in a Deed to Everette Newland, as recorded in Document No. 2012-19340 of the Official Records of Denton County, Texas, said point also being in the center of Jim Christal Road, a variable width prescriptive right-of-way; Page 3 of 4 DocuSign Envelope ID: 4DOACD2A-4B2D41 18-B7F5-6D3F745D9BOB THENCE North 89'21'52'’ East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 1 118.72 feet to a point for corner; THENCE South 19'26'51" West departing the North line of said 691.64 acre tract and said Jim Christal Road, for a distance of 25.32 feet to a 1/2 inch iron rod found for corner at the POINT OF BEGINNING for the herein described tract, said point being the Northeast corner of the above cited 1.33 acre tract; THENCE South 19'26'51" West along the East line of said 1.33 acre tract, for a distance of 139.01 feet to a 5/8 inch iron rod with cap stamped “TNP“ set for corner at the most Easterly North corner of the above cited 1.069 acre tract; THENCE South 00'36'34" East departing the East line of said 1.33 acre tract, and along the East line of said 1.069 acre tract, for a distance of 93.36 feet to a 1/2 inch iron rod found for corner; THENCE South 19'27'37" West continuing along the East line of said 1.069 acre tract, for a distance of 132.79 feet to a 1/2 inch iron rod with cap stamped “Arthur" found for the Southeast corner of said 1.069 acre tract; THENCE South 89'22'11" West along the South line of said 1.069 acre tract, for a distance of 253.91 feet to a 1/2 inch iron rod with cap stamped “Arthur" found for the Southwest corner of said 1.069 acre tract; THENCE North 00'36'20" West along the West line of said 1.069 acre tract, for a distance of 348.72 feet to a 1/2 inch iron rod with cap stamped “Arthur" found for the Northwest corner of said 1.069 acre tract, said point being in the South line of said Jim Christal Road; THENCE North 89'23'07" East along the North line of said 1.069 acre tract and the South line of said Jim Christal Road, passing a 1/2 inch iron rod found for the Northeast corner of said 1.069 acre tract and the Northwest corner of said 1,33 acre tract at a distance of 60.11 feet, and continuing along the North line of said 1.33 acre tract and the South line of said Jim Christal Road, for a total distance of 347.13 feet to the POINT OF BEGINNING, and containing 2.403 acres of land, more or less Page 4 of 4 DocuSign Envelope ID: 4DOACD2A-4B2D-4118-B7F5-6D3F745D9BOB Exhibit "B" BEING 25.630 acres of land, situated in the Wm. Wilburn Survey, A-1419, Denton County, Texas, and being of a called 691.64 acre tract which was conveyed to Eagle Farms, Inc., et al, by an instrument recorded under Document Number 93-077959, Denton County Deed of Records (DCDR), and 25.630 acres of land being more particularly described by metes and bounds as follows: BEGINNING at % inch iron rod with a plastic cap found at the most Easterly corner of the above mentioned called 691.64 acre tract, the same being the Southwest corner of a 19.97 acre tract (Tract 2) which was conveyed to the City of Denton by an instrument recorded in Volume 871, Page 147, DCDR, the same also being in the North boundary line of a 11.54 acre tract (Tract 1) which was also conveyed to the City of Denton by said Volume 871, Page 147, DCDR; THENCE North 89 degrees 27 minutes 12 seconds West, along the North boundary line of said Tract 1, the same being the most easterly South boundary line of said called 691.64 acre tract, a distance of 50.14 feet to a % inch iron rod with a plastic cap found for corner; THENCE South 24 degrees 52 minutes 01 second West, along the West boundary line of said Tract 1, the same being the Southeast boundary line of said called 691.64 acre tract, a distance of 659.89 feet to a % iron rod found at the Southwest corner of said Tract 1, the same being the Southeast corner of said 691.64 acre tract, and also being in the North boundary line of a 147.26 acre tract which was conveyed to the City of Denton by an instrument recorded in Volume 1675, Page 546, DCDR; THENCE North 89 degrees 27 minutes 59 seconds West, along a South boundary line of said called 691.64 acre tract, the same being the North boundary line of said 147.26 acre tract, a distance of 353.89 feet to a % inch iron rod with a plastic cap stamped “KSA ENG" set for corner, a % inch iron rod found at the Northwest corner of said 147.26 acre tract bears, North 89 degrees 27 minutes 59 seconds West, 1087.72 feet; THENCE North 07 degrees 10 minutes 42 seconds West, a distance of 1671.18 feet to a % inch iron rod with a plastic cap stamped “KSA ENG” set for corner; THENCE South 89 degrees 39 minutes 47 seconds East, a distance of 752.49 feet to a % inch iron rod with a plastic cap stamped “KSA ENG" set at the point of intersection with the East boundary line of said called 691.64 acre tract, the same being the West boundary line of said Tract 2, a % inch iron rod (bent) found at the Northwest corner of said Tract 2 bears, North 07 degrees 25 minutes 06 seconds West, 442.37 feet; THENCE South 07 degrees 25 minutes 06 seconds East, along the West boundary line of said Tract 2, the same being the West boundary line of said called 691.64 acre tract, 1067.65 feet to the PLACE OF BEGINNING and containing 25.630 acres of land, more or less. DocuSign Envelope ID: 4DOACD2A4B2D41 18-B7F5-6D3F745D9BOB EXHIBIT “C” LEGAL DESCRIPTION BEING a 5.00 acre tract of land situated in the William Wilburn Survey, Abstract No. 1419, City of Denton, Denton County, Texas, and being part of a called :HQ.469 acre tract of land described in a Deed to the City of Denton, a Texas horne-rule municipal corporation, as recorded in Document No. 201&143882 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with cap stamped “Vannoy 563-7101” found for an interior eII corner of the above cited 340.469 acre tract and the most Northerly Northeast corner of a called 116.088 acre tract of land described in a Deed to Nucon Steel Commercial Corporation, as recorded in Volume 5255, Page 5740 of the Real Property Records of Denton County, Texas, said point also being the Southeast corner of the proposed Denton Energy Center Addition, from which a 1/2 inch iron rod found for an interior Southwest corner of said 340.469 acre tract and the Northwest corner of said 116.088 acre tract bears North 89'50’49” West a distance of 2358.32 feet; THENCE North 00'26'57" West, departing the North line of said 116.088 acre tract, and along the East line of the proposed Denton Energy Center Addition, a distance of 83.57 feet to a point for corner ; THENCE North 89'46'55- East, departing the East line of the proposed Denton Energy Center Addition, a distance of M.35 feet to a 5/8-inch iron rod with cap stamped “TNP” set for the POINT OF BEGINNING; THENCE North 00'13'05- West, a distance of 369.78 feet to a 5/8-inch iron rod with cap stamped “TNP” set for turner; THENCE North 89'46'55" East, a distance of 589.00 feet to a 5/&inch iron rod with cap stamped “TNP” set for corneR THENCE South 00'13’05- East, a distance of 369.78 feet to a 5/8-inch iron rod with cap stamped “TNP” set for corner; THENCE South 89'46'55" West, a distance of 589.00 feet to the POINT OF BEGINNING, and containing 5.OO acres of land, more or less. NOTE: Bearings of lines shown hereon are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(201 1) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (ceRS) via Real Time Kinematic (RTK) survey methods. The distances shown hereon represent surface values utilizing an average combined scale factor of 1.00QI 5063CJ to scale from grid to surface. WJ.\qca 8/3/zo nRg]@mLTM. ign Teague NaH & Perkins 3200 S. Interstate 35 E. Suite 1129 Denton, Texas 76205 940-3834177 Date: August 3, 2020 DEN 19455 5.ao Acre Lease Tract Page 1 of 3 pocusign Envelope ID: 4DOACD2A4B2D41 18-B7F5-6D3F745D9BOB 2a SANrrARY SEWER EASEMENT RESERVATION DOC. NO. 202©26794 0.RD.C.T. PAHaNar N 89'46'55" E 589.gO'==enp =nnnp nnng91r W=UnWIn =gr•=nW• =Wnngn === w==•nIe W=In ==n••gl• PROPOSED LOT I, BLOCK A 6£NTON ENERGY CENTER ADDrrlON -A- IH PAD SITE 1 k OFg IIU toaliaF8 In 0 200 400 5.00 ACRES SCALE: 1- = 200' 'hlO APPRmiATE fao q! n + & I I I lgli APPROX. LOCATION DaSTiNG IS SOUTHWESTERN GAS PIPELINE INC. EA8EMENr DOC. NO. 200G45438 O.R.D.C.T.N 89'5a49• W 2358.32'trIP Pollfr OF IPOINT OF coHlIENeINGII/rcIFF VAmoY 66&7101' ((A) BEGINNING I I I I I I I I I I LINE TABLE 8 gI e T=={{at:TTI B B hI crrY OF DENTON. A TEXAS HOME RULE MUNICIPAL CORPORATION CALLED 340488 ACRES DOC. NO. 2016.143882 O.RD.C.T. NUCON grEEL COMMERCIAL CORPORATION CAI I- ED 116.088 ACRES VOL 5255. PG. 5740 R.P.RD.C.T.B g gI NI g:' PUBLIC urILrrY & ACCESS EASEMENr (BY SEPARATE RVSTRUMENT) (NO REOORDWO INFORMATION FOUND) \ \ \k aWED ELEarFBGLiNE DEVQbr -DEVObr CATILE G{nFHD 4B (gb4 7E H DRIVE / B FI Fa bfrFL.pwwnEMU nUnn_nU-•+ -fPVWTH – \ \1/rIRF (W NUCON grEEdlOOMMm CORPORATION CAI 1 Fn 1 16.088 ACRFS VOL. sas. PG. 5740 RR:F£'T TOM GaLE ROAD CITY OF DuraN. TD(AS CAI LED 14728 ACRES VOL, 1675. PG. 546RP.RD.C.T. (yAMABLE WIDTH no. W. -NOFHEOOFV POUND) EAGLE FAItHS aauB nAB IH PAD SITE D(HIBrr -af - teague naII and perkins, inc 3200 & Ir6uBon 331, guIle 1129 DeldUI, Tens 762tO 940.383.4t77 ph 940.38&8026 fx BEING 5.00 ACRES OF LAND SITUATED IN THE WILUAM WILBURN SURVEY ABSTRACT NO. 1419 CW OF DEMON. DWION COUNTY, TDCAS nPeLS RBi tool 140 DENI 8455 PAGE 2 OF 3 DocuSign Envelope ID: 4DOACD2A-4B2D-41 18-B7F5-6D3F745D9BOB NOTES 1.Bearings of lines shown herron are referenced to Grtl North of the Texas Coordinate System (North Central Zone No. 4202, NAD83 (201 1) Epoch 2010), as derbed k>cally from RTK Network continuously operating reb erm statbns (CORS) vb real tian kinematic (RTK} suIvey meth<Is. TIn distances shown henan represent surface values using a surface adjustment factor of 1 .00015CB30 to sale fran gal to suM a. The coordinate values shown hereon represent grid values. 2. This Exhibit was prepared with benefit of that certain Title Commitment, GF No. 100:L200801-RTT, with e$ective date of October 25. 2046. provided by Republb nth of Texas. For easements. rbhtbof-way and/or other matters of record that may affect this tract, the Surveyor relied sob ly on sakl nIle Commitment 3 A Legal Description of even date herewtth acwmpanles this Exhibit. See Exhibit ”C". C r S = @bmm SAHIARY SEWER HAnDLE Cnn) APPAREgiZ$MET! El!!!gI1=7:1 MRLy OF# h 'a-A'R•911••••••• a DOlIBrr -GI- EAGLE FARMS 66118 nAn IH PAn SITE teague naII and perkins, inc 3200 X kB•raat• ISE, sue tl 29 eq-nlorlb Tens 76210 940. W.4177 ph 940.383.8026 fx BEING 5.00 ACRES OF LAND SITUATED IN THE WILLIAM WILBURN SURVEY ABSTRACT NO. 1419 CRY OF DEVrON. DwroN COUVIY, THCAS nPRS HRM 1001160 DEN19455 PAGE 3 OF 3 DocuSign Envelope ID: 4DOACD2A4B2D4118-B7F54D3F745D9BOB Exhibit 2 NOTICE OF CONFIDENTLALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THEFOLLOWING 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. STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON MEMORANDUM OF PARTIAL SURFACE WAIVER AGREEMENT Devon Energy Production Company, L.P., an Oklahoma Limited Partnership, whose address is 333 West Sheridan Avenue, Oklahoma City, Oklahoma 73102-5010 (hereinafter referred to as “Lessee”) and the City of Denton, a Texas home-rule municipal corporation, whose address is 215 E. McKinney St., Denton, Texas 76201 (“hereinafter referred to as “Surface Owner”) hereby give notice as follows: WHEREAS, on SeptemberZZ , 2020, Surface Owner and Lessee entered into a PARTIAL SURFACE WAIVER AGREEMENT, GRANT OF SUBSURFACE EASEMENT, AND AGREEMENT TO EXPAND EAGLE FARMS A IH PAD SITE (the “Agreement”), covering 340.469 acres, as described on Exhibit A attached hereto (the “Total Property”), a copy of the Agreement is available for review in the offices of Surface Owner and Lessee at their respective addresses listed above, wherein Surface Owner and Lessee, agreed to the following along with other matters concerning the surface of the Property: (1) Lessee released and waived on behalf of itself and its successors and assigns, but not on behalf of any other working interest owners in the Eagle Farms GU “A“ Unit, all rights of ingress and egress, and all other rights of every kind and character whatsoever, to enter upon or to use the surface of the Airport RPZ Surface Waiver Property (as described and depicted on Exhibit JB (2) Surface Owner GRANTED, to the extent not already granted by the Lease, to Lessee and Lessee RESERVED and EXCEPTED unto itself, its successors and assigns, from the Agreement, a non-exclusive easement and right of way, and Surface Owner acknowledged that Lessee has a non-exclusive easement and right of way, to the subsurface of the Airport RPZ Surface Waiver Property for the purpose of exploration and production activities, including, but not limited to, the drilling, completing, deepening, reworking, recompleting, maintenance and operations in the search for and/or production of oil, gas (including all gases, liquid hydrocarbons and their respective constituent elements), and all other minerals and hydrocarbons from and transporting such through wellbore beneath the surface of the Airport RPZ Surface Waiver Property or lands pooled therewith or adjacent thereto. Lessee agrees that its operations beneath DocuSign Envelope ID: 4DOACD2A4B2D41 18-B7F5-6D3F745D9BOB the surface and within the subsurface of the Airport RPZ Surface Waiver Property will be no less than five hundred (500) feet deep. (3) Lessee has the right to expand the Eagle Farms G.U. “A“ IH pad site to the dimensions described on Exhibit C and depicted on Exhibit C-1. NOW THEREFORE, Surface Owner and Lessee file this Memorandum of Partial Surface Waiver Agreement of record in Denton County, Texas for the purpose of placing all persons on notice of the existence of the Agreement. The Agreement and all the terms, conditions, covenants, and provisions thereof are incorporated herein and made a part hereof in all respects as though fully set forth herein. In the event this Memorandum and the Agreement conflict, the terms of the Agreement shall prevail. The Agreement and this Memorandum are effective upon the effective date first shown above as to, and are binding upon, Lessee, Surface Owner, and their respective successors and assigns, and shall automatically terminate upon termination of the Lease. Without limiting the foregoing, except as specifically provided otherwise in the Agreement, the covenants and easements provided in the Agreement, and this Memorandum, will automatically terminate upon expiration of the Lease. This Memorandum may be signed in any number of counterparts, each of which shall be considered an original for all purposes, with the same effect as if the signatures thereto and hereto were upon the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this instrument this Z,I'd’ day of September 2020. 8Signatures on Pages 3 and 48 DocuSign Envelope ID: 4DOACD2A4B2D4118-B7F54D3F745D9BOB LESSEE: Devon Energy Production Company, L.P., an Oklahoma limited partnership By : Name: Catherine Lebsack Title: Vice President Ch/O STATE OF OKLAHOMA § § §COUNTY OF OKLAHOMA This instrument was acknowledged before me on , 2020, by Catherine Lebsack, as Vice President of Devon Energy Production Company, L.P., an Oklahoma limited partnership, on behalf of said limited partnership. Notary Public, State of Oklahoma DocuSign Envelope ID: 4DOACD2A2IB2D+11 SURFACE OWNER: City of D lemaFCity Manager ACKNOWLEDGMENT STATE OF TEXAS § DENTON COUNTY § Thi, i.„.„m.„, w„ ..k„.wI.dg.d b.f.,. m. ,hiMOday ob , 2020, by Todd Hileman, City Manager, City of Denton, a Texas home rule municipal corporation, on behalf of said m;{}p ATTEST: Rosa Rios, City Secretary b kEEMENT HAS BEEN SCC,e4hH,I THIS A. BOTH REVIEWED AND APPROVED as to financial and operational d business terms Signature Director - Airport, caplta1 Planni ng , Facillti es IIb 1 i ties Department Date Signed: 9/16/2020 APPROVED AS TO LEGAL FORM: Aaron Leal, City Attorney ~:Z DocuSign Envelope ID: 4DOACD2A-4B2D-41 18-B7F5-6D3F745D9BC)B Exhibit "A" -Total Property LEGAL DESCRIPTION Eagle Farms and John Porter Auto Sales Tract BEING a tract of land situated in the Gibson Myers Survey, Abstract No, 843, the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699, the Moses H. Davis Survey, Abstract No. 377 and the William Wilburn Survey, Abstract No 1419, City of Denton, Denton County, Texas, and being a part of a called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a point for corner in the North line of the above cited 691,64 acre tract, said point being the Northeast corner of a called 5.700 acre tract of land described in a Deed to Everette Newland, as recorded in Document No. 2012-19340 of the Official Records of Denton County, Texas, said point also being in the center of Jim Christal Road, a variable width prescriptive right-of-way; THENCE North 89'21'52" East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 1245,67 feet to a PK nail set for corner; THENCE North 89'31'54" East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 693.00 feet to a PK nail set for corner at the beginning of a non-tangent curve to the right; THENCE in a Southeasterly direction, along the North line of said 691.64 acre tract and along said Jim Christal Road, and along said non-tangent curve to the right having a central angle of 18'20'00", a radius of 1059.69 feet, a chord bearing of South 82'18'06" East, a chord distance of 337.63 feet and an arc length of 339.07 feet to a PK nail set for corner at the endof said curve THENCE South 72'18'58'’ East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 172.83 feet to a PK nail set for corner in the West line of a called 24.265 acre tract of land described as Tract 2 in a Deed to Lybbert Family Trust, as recorded in Document No. 2009-5235 of the Official Records of Denton County. Texas, THENCE South 00'00'04" East departing the North line of said 691.64 acre tract and said Jim Christal Road, and along the West line of said 24.265 acre tract, for a distance of 84.71 feet to a 5/8 inch iron rod with cap stamped “TNP” set for corner at the Southwest corner of said 24.265 acre tract; THENCE South 88'09'34" East along the South line of said 24.265 acre tract, for a distance of 191.10 feet to a 5/8 inch iron rod found for the Southeast corner of said 24.265 acre tract and the Southwest corner of a called 2.95 acre tract of land described in a Deed to JHR Construction Co., Inc., as recorded in Volume 4457, Page 1807 of the Real Property Records of Denton County, Texas; THENCE South 86'34'38" East along the South line of said 2.95 acre tract, for a distance of 264.31 feet to a point for the Southeast corner of said 2.95 acre tract; THENCE North 00'20'53" West along the East line of said 2.95 acre tract, for a distance of 8.53 feet to a point for corner near the centerline said Jim Christal Road and the North line of said 691.64 acre tract THENCE South 87'21'11" East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 644.00 feet to a point for corner; THENCE South 86'41'11" East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road: for a distance of 555.19 feet to a point for corner; THENCE South 85'46'07" East continuing along the North line of said 691.64 acre tract, and along said Jim Christal Road for a distance of 1 12.81 feet to a point for the Northwest corner of a called 23.076 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2010-9442 of the Official Records of Denton County, Texas; THENCE South 08'12'59" East departing the North line of said 691.64 acre tract and said Jim Christal Road, and along the West line of said 23.076 acre tract, for a distance of 1264.36 feet to a point for the Southwest corner of same, said point also being in the North line of a called 9.679 acre tract of land described in a Judgment as Cause No, CV-92-00522-C, and being recorded in Document No. 94-071012 of the Real Property Records of Denton County, Texas; THENCE North 89'46'03" West along the North line of said 9.679 acre tract, for a distance of 145.10 feet to a point for the Northwest corner of same; Page 1 of 4 DocuSign Envelope ID: 4DOACD2A-4B2D-4118-B7F5-6D3F745D9BOB THENCE South 07'25'04" East along the West line of said 9.679 acre tract, passing the Southwest corner of same and an interior eII corner of said 691.64 acre tract at a distance of 504.51 feet, and continuing along the East line of said 691.64 acre tract for a total distance of 2015.34 feet to a 1/2 inch iron rod with cap stamped “Vannoy 563-7101” found for an interior Southeast corner of said 691.64 acre tract; THENCE North 89'21'21" West continuing along the East line of said 691.64 acre tract, for a distance of 50,07 feet to a 1/2 inch iron rod with cap stamped “Vannoy 563-7101 ” found for an interior eII corner of same, said point being in the Northwest line of Tom Cole Road; THENCE South 24'52'16" West continuing along the East line of said 691.64 acre tract and the Northwest line of said Tom Cole Road, for a distance of 660.00 feet to a 1/2 inch iron rod found for the most Southerly Southeast corner of said 691.64 acre tract THENCE North 89'27'53" West along the South line of said 691.64 acre tract and the North line of said Tom Cole Road, for a distance of 1441.63 feet to a 1/2 inch iron rod found for the most Easterly Northeast corner of a called 116.088 acre tract of land described in a Deed to Nucon Steel Commercial Corporation, as recorded in Volume 5255, Page 5740 of the Real Property Records of Denton County, Texas; THENCE North 88'50'56" West along the South line of said 691.64 acre tract and the most Easterly North line of said 116.088 acre tract, for a distance of 297.54 feet to a 1/2 inch iron rod found for the most Southerly Southwest corner of said 691 '64 acre tract and an interior eII corner of said 116.088 acre tract; THENCE North 00'13'05" West along the most Southerly West line of said 691.64 acre tract and the most Northerly East line of said 116.088 acre tract, for a distance of 1004.53 feet to a 1/2 inch iron rod with cap stamped “Vannoy 563-7101 ” found for the most Northerly Northeast corner of said 116.088 acre tract and an interior eII corner of said 691.64 acre tract; THENCE North 89'50'49" West along the South line of said 691.64 acre tract and the North line of said 116.088 acre tract, for a distance of 2358.32 feet to a 1/2 inch iron rod found for corner at an interior Southwest corner of said 691.64 acre tract and the Northwest corner of said 116.088 acre tract, said point also being in the East line of a called 152 acre tract of land described in a Deed to Walter B. (Bud) Wolf, as recorded in Volume 533, Page 541 of the Deed Records of Denton County, Texas THENCE North 00'26'46'' East along an interior West line of said 691.64 acre tract and the East line of said 152 acre tract, for a distance of 599.88 feet to a 1/2 inch iron rod with cap stamped “Vannoy 563-7101” found for corner at an interior eII corner of said 691.64 acre tract and the Northeast corner of said 152 acre tract; THENCE North 89'19'25" West along the South line of said 691.64 acre tract and the North line of said 152 acre tract, passing a 5/8 inch iron rod with cap stamped “TNP” set for reference at a distance of 783.81 feet, and continuing along said line for a total distance of 845.95 feet to a point for corner in the center of Hickory Creek, said point being the Southeast corner of a called 10.036 acre tract of land described in a Deed to Charles L. Gregory and wife, Mary R. Gregory. as recorded in Document No. 94-038707 of the Real Property Records of Denton County, Texas, from which a 1/2 inch iron rod found for the Southwest corner of said 10.036 acre tract bears North 89'19'25" West a distance of 806,13 feet; THENCE North 42'03'00" East departing the South line of said 691.64 acre tract, and along the center of said Hickory Creek. for a distance of 253.13 feet to a point for corner, from which a 5/8 inch iron rod with cap stamped “TNP“ set for reference bears South 47'57'34" East a distance of 62.00 feet THENCE North 27'10'39" East continuing along the center of said Hickory Creek, for a distance of 658.88 feet to a point for corner in the South line of a called 18.000 acre tract of land described in a Deed to Everette Newland and wife. Jennifer Newland, as recorded in Document No' 2008-58941 of the Official Records of Denton County, Texas; THENCE South 79'38'43" East departing said Hickory Creek, and along the South line of said 18.000 acre tract, passing a 5/8 inch iron rod with cap stamped “TNP“ set for reference at a distance of 62.00 feet, and continuing along the South line of said 18.000 acre tract for a total distance of 154.34 feet to a 1/2 inch iron rod found for the Southeast corner of said 18,000 acre tract and the Southwest corner of the above cited 5.700 acre tract; THENCE South 87'40'32" East along the South line of said 5'700 acre tract, for a distance of 128,07 feet to a 1/2 inch iron rod with cap stamped ''RPLS 4857” found for the Southeast corner of said 5,700 acre tract; THENCE North 00'42'44" East along the East line of said 5.700 acre tract, passing a 1/2 inch iron rod with cap stamped “RPLS 4857'’ found for reference in the South line of said Jim Christal Road at a distance of 1688.82 feet, and continuing Page 2 of 4 DocuSign Envelope ID: 4DOACD2A-4B2D4118-B7F5-6D3F745D9BOB along said East line for a total distance of 1 712.82 feet to the POINT OF BEGINNING, and containing 349.644 acres of land, LESS, SAVE AND EXCEPT a 6.772 acre tract described herein as SAVE AND EXCEPT TRACT ONE and a 2.403 acre tract described herein as SAVE AND EXCEPT TRACT TWO, leaving a net acreage of 340.469 acres of land, more or less Said SAVE AND EXCEPT TRACTS ONE AND TWO being more particularly described as follows: SAVE AND EXCEPT TRACT ONE BEING a 6.772 acre tract of land situated in the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699, City of Denton, Denton County, Texas, and being known as Lot 1, Block 1 of Krum Tap Electrical Switch Station, per Plat recorded in Document No. 2010-3 of the Plat Records of Denton County. Texas, and being more particularly described as follows: COMMENCING at a point for corner in the North line of called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas, said point being the Northeast corner of a called 5.700 acre tract of land described in a Deed to Everette Newland, as recorded in Document No. 2012-19340 of the Official Records of Denton County, Texas, said point also being in the center of Jim Christal Road, a variable width prescriptive right-of-way; THENCE North 89'21'52" East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 1 1 18.72 feet to a point for corner; THENCE South 19'26'51" West departing the North line of said 691.64 acre tract and said Jim Christal Road, passing a 1/2 inch iron rod found for the Northeast corner of a called 1.33 acre tract of land described in a Deed to the City of Denton Texas, as recorded in Volume 1185, Page 999 of the Deed Records of Denton County, Texas, at a distance of 25.32 feet, and continuing along the East line of said 1.33 acre tract for a total distance of 164,33 feet to a 5/8 inch iron rod with cap stamped “TNP” set for corner at the most Easterly North corner of a called 1.069 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No. 2007-108566 of the Official Records of Denton County, Texas; THENCE South 00'36'34" East departing the East line of said 1.33 acre tract, and along the East line of said 1.069 acre tract, for a distance of 93.36 feet to a 1/2 inch iron rod found for corner; THENCE South 19'27'37" West continuing along the East line of said 1.069 acre tract, for a distance of 132,79 feet to a 1/2 inch iron rod with cap stamped “Arthur" found for the Southeast corner of said 1.069 acre tract; THENCE South 11'07'48" West departing the Southeast corner of said 1,069 acre tract, for a distance of 1 16.38 feet to a 5/8 inch iron rod found for corner at the POINT OF BEGINNING for the herein described tract, said point being the Northwest corner of the above cited Lot 1 ; THENCE North 89'39'51 " East along the North line of said Lot 1, for a distance of 500,21 feet to a 5/8 inch iron rod found for the Northeast corner of same; THENCE South 00'20'53'' East along the East line of said Lot 1, for a distance of 500.10 feet to a 5/8 inch iron rod found for the Southeast corner of same; THENCE South 89'39'01" West along the South line of said Lot 1, for a distance of 679.36 feet to a 5/8 inch iron rod found for the Southwest corner of same; THENCE North 19'21'24" East along the West line of said Lot 1, for a distance of 531.34 feet to the POINT OF BEGINNING and containing 6.772 acres of land, more or less; SAVE AND EXCEPT TRACT TWO BEING a 2.403 acre tract of land situated in the Johnson, Green, Myers and Brummett Survey, Abstract No. 1699, City of Denton, Denton County, Texas, and being known as all of that certain 1.33 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Volume 1185, Page 999 of the Deed Records of Denton County, Texas, and all of that certain 1.069 acre tract of land described in a Deed to the City of Denton, Texas, as recorded in Document No, 2007-108566 of the Official Records of Denton County, Texas, and being more particularly described as follows COMMENCING at a point for corner in the North line of called 691.64 acre tract of land described in a Deed to Eagle Farms, Inc. and John Porter Auto Sales, Inc., as recorded in Document No. 93-077959 of the Real Property Records of Denton County, Texas, said point being the Northeast corner of a called 5.700 acre tract of land described in a Deed to Everette Newland, as recorded in Document No. 2012-19340 of the Official Records of Denton County, Texas, said point also being in the center of Jim Christal Road, a variable width prescriptive right-of-way; Page 3 of 4 DocuSign Envelope ID: 4DOACD2A4B2D4118-B7F5€D3F745D9BOB THENCE North 89'21'52" East along the North line of said 691.64 acre tract, and along said Jim Christal Road, for a distance of 1 118.72 feet to a point for corner; THENCE South 19'’26'51" West departing the North line of said 691,64 acre tract and said Jim Christal Road, for a distance of 25'32 feet to a 1/2 inch iron rod found for corner at the POINT OF BEGINNING for the herein described tract. said point being the Northeast corner of the above cited 1.33 acre tract; THENCE South 19'’26'51" West along the East line of said 1.33 acre tract, for a distance of 139.01 feet to a 5/8 inch iron rod with cap stamped “TNP” set for corner at the most Easterly North corner of the above cited 1.069 acre tract; THENCE South OO'’36'34" East departing the East line of said 1.33 acre tract, and along the East line of said 1.069 acre tract, for a distance of 93.36 feet to a 1/2 inch iron rod found for corner; THENCE South 19'’27’37" West continuing along the East line of said 1.069 acre tract, for a distance of 132.79 feet to a 1/2 inch iron rod with cap stamped “Arthur” found for the Southeast corner of said 1.069 acre tract; THENCE South 89'’22'11" West along the South line of said 1,069 acre tract, for a distance of 253.91 feet to a 1/2 inch iron rod with cap stamped “Arthur" found for the Southwest corner of said 1.069 acre tract; THENCE North OO'36'20" West along the West line of said 1.069 acre tract, for a dIstance of 348.72 feet to a 1/2 inch iron rod with cap stamped “Arthur" found for the Northwest corner of said 1.069 acre tract, said point being in the South line of said Jim Christal Road; THENCE North 89'23'07" East along the North line of said 1.069 acre tract and the South line of said Jim Christal Road, passing a 1/2 inch iron rod found for the Northeast corner of said 1.069 acre tract and the Northwest corner of said 1.33 acre tract at a distance of 60.11 feet, and continuing along the North line of said 1.33 acre tract and the South line of said Jim Christal Road, for a total distance of 347.13 feet to the POINT OF BEGINNING. and containing 2.403 acres of land, more or less Page 4 of 4 DocuSign Envelope ID: 4DOACD2A-4B2D-4118-B7F5-6D3F745D9BOB Exhibit "B" BEING 25.630 acres of land, situated in the Wm. Wilburn Survey, A-1419, Denton County, Texas, and being of a called 691.64 acre tract which was conveyed to Eagle Farms, Inc., et al, by an instrument recorded under Document Number 93-077959, Denton County Deed of Records (DCDR), and 25.630 acres of land being more particularly described by metes and bounds as follows: BEGINNING at % inch iron rod with a plastic cap found at the most Easterly corner of the above mentioned called 691.64 acre tract, the same being the Southwest corner of a 19.97 acre tract (Tract 2) which was conveyed to the City of Denton by an instrument recorded in Volume 871, Page 147, DCDR, the same also being in the North boundary line of a 11.54 acre tract (Tract 1) which was also conveyed to the City of Denton by said Volume 871, Page 147, DCDR; THENCE North 89 degrees 27 minutes 12 seconds West, along the North boundary line of said Tract 1, the same being the most easterly South boundary line of said called 691.64 acre tract, a distance of 50.14 feet to a % inch iron rod with a plastic cap found for corner; THENCE South 24 degrees 52 minutes 01 second West, along the West boundary line of said Tract 1, the same being the Southeast boundary line of said called 691.64 acre tract, a distance of 659.89 feet to a % iron rod found at the Southwest corner of said Tract 1, the same being the Southeast corner of said 691.64 acre tract, and also being in the North boundary line of a 147.26 acre tract which was conveyed to the City of Denton by an instrument recorded in Volume 1675, Page 546, DCDR; THENCE North 89 degrees 27 minutes 59 seconds West, along a South boundary line of said called 691.64 acre tract, the same being the North boundary line of said 147.26 acre tract, a distance of 353.89 feet to a % inch iron rod with a plastic cap stamped “KSA ENG" set for corner, a % inch iron rod found at the Northwest corner of said 147.26 acre tract bears, North 89 degrees 27 minutes 59 seconds West, 1087.72 feet; THENCE North 07 degrees 10 minutes 42 seconds West, a distance of 1671.18 feet to a % inch iron rod with a plastic cap stamped “KSA ENG" set for corner; THENCE South 89 degrees 39 minutes 47 seconds East, a distance of 752.49 feet to a % inch iron rod with a plastic cap stamped “KSA ENG” set at the point of intersection with the East boundary line of said called 691.64 acre tract, the same being the West boundary line of said Tract 2, a % inch iron rod (bent) found at the Northwest corner of said Tract 2 bears, North 07 degrees 25 minutes 06 seconds West, 442.37 feet; THENCE South 07 degrees 25 minutes 06 seconds East, along the West boundary line of said Tract 2, the same being the West boundary line of said called 691.64 acre tract, 1067.65 feet to the PLACE OF BEGINNING and containing 25.630 acres of land, more or less. DocuSign Envelope ID: 4DOACD2A4B2D41 18-B7F5-6D3F745D9BOB EXHIBIT “C” LEGAL DESCRIPTION BEING a 5.00 acre tract of land situated in the William Wilburn Survey, Abstract No. 1419, City of Denton, Denton County, Texas, and being part of a called 340.469 acre tract of land described in a Deed to the City of Denton, a Texas hornerule municipal corporation, as recorded in Document No. 201&143882 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with cap stamped Vannoy 563-7101” found for an interior eII corner of the above cited 340.469 acre tract and the most Northerly Northeast corner of a culled 116.088 acre tract of land described in a Deed to Nucon Steel Commercial Corporation, as recorded in Volume 5255, Page 5740 of the Real Property Records of Denton County, Texas, said point also being the Southeast corner of the proposed Denton Energy Center Addition, horn which a 1/2 inch iron rod found for an interior Southwest corner of said 340.469 acre tract and the Northwest corner of said 116.088 acre tract bears North 89'50’49- West a distance of 2358.32 feet; THENCE North OO'26'57" West, departing the North line of said 116.088 acre tract, and along the East line of the proposed Denton Energy Center Addition, a distance of 83.57 feet to a point for corner; THENCE North 89'46'55" East, departing the East line of the proposed Denton Energy Center Addition, a distance of 54.35 feet to a 5/8-inch iron rod with cap stamped “TNP” set for the POINT OF BEGINNING; THENCE North 00'13'05" West, a distance of 369.78 feet to a 5/8-inch iron rod with cap stamped -TNP” set for corner; THENCE North 89'46'55" East, a distance of 589.00 feet to a 5/8-inch iron rod with cap stamped -TNP” set for corner; THENCE South 00'13'05- East, a distance of 369.78 feet to a 5/8-inch iron rod with cap stamped -TNP” set for corner; THENCE South 89'46'55" West, a distance of 589.00 feet to the POINT OF BEGINNING, and containing 5.00 acres of land, more or less. NOTE: Bearings of lines shown henan are referenced to Grid North of the Texas Coordinate System of 1983 (North Central Zone; NAD83(201 1) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Refennoe Stations (CORS) via Real Time Kinematic (RTK) survey methods. The distances shown hereon represent surface values utilizing an average combined scale factor of 1 .000150630 to scale from grid to surface. M.\qL: 8/3/z. mmFgTRFmT=iBm Teague NaII & Perkins 3200 S. Interstate 35 E. Suite 1129 Denton, Texas 76205 94G383-4177 Date: August 3, 2020 DEN 19455 5.00 Acre Lease Tract Page 1 of 3 DocuSign Envelope ID: 4DOACD2A-4B2D41 18-B7F5-6D3F745D9BOB PAHqNr / === 2a SANrrARY SEWER FASFMENr RESERVATION DOC. NO. 202G2678+ O.R.D.C.T.IF N w4e55" E 589.OO' PROPOSED el IiI gI lgl El -k- IH PAD srrE IR gjFa IIU B !! a8 In 0 200 400 LOT I. BLOCK A DrNTbN–fNERGY CENTER ADDITION 5.00 ACRES SCALE: f -= 200' 'NO H.eLEGIHCtau 8NunnDHI T W- 1 8 I i I I I I I I I I I I I I I I APPROX LOCATION DOST\NG IS sourwyESTUN GAS PIPELINE INC. EASEMwrDOC. NO. zaG45438 O.RD.C.T.N 89'5U49' W 2358.32'g gPaIM OF IPOINT OF oolllIENeING! 1/2BIRF VAMVOY EBb7101- (CMI BEGINNING LINE TABLE Bi B =a€':j B b Ba)F CRY OF DEMrON. A TD(AS HOME RULE MUNICIPAL CORPORATION CAI 1 FD 34048B ACRES DOC. NO. 201&143882 ORD.C.T. weaN SIEEL COMMERCIAL CORPORATION CAI I ED lie.088 ACRES VOL 5255. PG. 5740 RP.RD.C.T. jg lg gi g B gi L \ \ \ \h .PUBUC UILrrY & ACCESS EASEMENT rBYSEPARATE INSTRUMENT) (NO RECORDING WFOMATION POUND) aWED ELECIFHCUIIE VEVObr D£VDP I/rIRF raw QATnEaHRDJ QUITE- Un-n+ nUnn+-ppvrrtr \ \ ELEQ l#rFL M@$AFEFENCE NUCON grEEJICOM CORPORATION CALLED 116.088 ACRES VOL. 5255. PG. 5740 RPRf'c'T faQ TT TOM eOLE ROAD CITY OF DafroN. TEXASCAI 1 ED 14726 ACRES VOL 1675, PG. 546 RP.RD.C.T. D(HIBrr -GI- gAeLS FARMS IH PAD SITE (VAFHABLE WIDTH RO.W. - NORmFV FOUND) teague naII and perkins, inc;laxi & lawstam 351, &IIb 1129 Del+m, Tens 762tO 940.383.4177 dr 940+3&&H126 fx THE WILLIAM WILBURN SURVEY ABSTRACT NO. 1419 BEING 5.00 ACRES OF LAND SITUATED IN CRY OF DEmON. DEMON COUNTY, TEtAS T8PEIS nRM IOOt 1661 DEN19455 PAGE 2 OF 3 [ DocuSign Envelope ID: 4DOACD2A-4B2D41 18-B7F5-6D3F745D9BOB NOTES: 1 Bearings of lines shown he©on are referenoed to Grtl North of the Texas Coordinate System (North Central Zone No. 4202, NAD83 (201 1) Epoch 2010), as derived locally kam RTK Network contInuously operatIng reference statbns (CORS) via real tIm kinematic (RTK) suIvey methods. TIle distanoes shown Itereon represent surface values using a surface adjustment factor of I.OCX)15(B30 to sale from grid to surface. The coordinate valu% shown herron represent grkl values 2. nIk Exhibit was prepared with beneftt of that aertain btb Comnibrent GF No. 100:b200801 -RTT, with effective date of Ocioknr 25. 2016. provkled by Republic Btb of Texas. For euements. rOMeof'way and/or other matters of record that may aflecR thb tract. the Surveyor relied sobly on sad nIle CommtbTnnt 3 A Legal Description of even date herewtth ammpanies thb ExhR>il See Exh ait -CF. ML r HHE]F1rAFsIIE)aaf iRon ROO waI CAP STAMW OONTROLLNG uoHUorr rITa s Y SEWER HANHOLE (HaD APPt a IBowER POLE LEAS PROPERTY UNE SURWY UNE EXISTING EASEUENT a'muG GAS a URE FaCE UNE & SPHALT EMGRAM M_=_qLy DOlIBrr -GI- EAaLE FARIIS e.u. •A• IH PAB srrE league naII and perkins, inc 3200 & Itu•,l$ao• ISE, SuI+ t 129 thIIttort Tens 76210 940.383.4177 ph 940.3818026 h BEING 5.00 ACRES OF LAND SITUATED IN THE WILLIAM WILBURN SURVEY ABSTRACT NO. 1419 arTY OF DEMION. DEHION COUHIY, THAS DEN19455 PAGE 3 OF 3