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PD20-0003cFILE REFERENCE FORM PD20-0003c  Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials This adopted item under File ID PD20-003c (which typically represents the ordinance number if/when adopted), should have contained a regular ordinance number and not the assigned PD20-0003c. 12/17/2019 CW Ordinance No. PD19-0003a required creation of a conservation easements for tree preservation areas. PD20-0003c is the acceptance of the Conservation Easement. Therefore, Ordinances PD20-0003c and PD19-0003a are not related to one another. 12/17/2020 CW ORDINANCENO. PD20-OO03C AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPALITY. AUTHORIZING THE ACCEPTANCE OF A CONSERVATION EASEMENT AGREEMENT FROM M/I HOMES OF DFW, LLC FOR TREE PRESERVATION AREAS FOR THE BENEFIT OF THE PROPERTY OWNERS’ ASSOCLATION OF THE WOODMERE ADDITION IN ACCORDANCE WITH RYAN WAY PLANNED DEVELOPMENT (PD19-0003a), GENERALLY LOCATED ON THE NORTH SIDE OF RYAN ROAD, APPROXIMATELY 120 FEET EAST OF MONTE CARLO LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS WHEREAS, on December 17, 2019 the City Council conducted a public hearing and approved a change in zoning to Planned Development (PD) District on a total of approximately 36.66 acres of land as Ordinance No. PD19-0003a for the development of a single-family subdivision called “Woodmere”; and WHEREAS, as a condition of approval Ordinance No. PD19-0003a requires that “Conservation easements for tree preservation areas as shown on the Concept Plan [Exhibit “E” to Ordinance No. PD19-0003a] shall be provided at the time ofplatting and benefit the HOA”; and WHEREAS, M/1 Homes of DFW, LLC (the “Owner”), has requested approval of a Final Plat of the Woodmere Addition; and WHEREAS, the Owner has agreed to dedicate a Conservation Easement (the “Subject Easement”) for six (6) tracts of land totaling 6.055 acres to the City for the benefit of the HOA as described in the Conservation Easement Agreement (the “Agreement”; Exhibit “A”); and WHEREAS, City staff reviewed the request of the Owner, determined that the Conservation Easement location shown and the intent described in the Agreement is consistent with the requirements of Ordinance No. PD19-0003a, and recommends the Agreement be accepted as specified herein; and WHEREAS, the Agreement is intended to encumber the Subject Easement with the restrictions and limitations on the use thereof, which restrictions and limitations are for the benefit of the Woodmere Addition property owners’ association which shall have the obligation to maintain the Subject Easement area, and the City shall have the right, but not the obligation, to enforce such restrictions and limitations; and WHEREAS, the City Council of the City of Denton finds it is in the public interest to accept the Conservation Easement Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitations and finding set forth above are incorporated herein by reference. SECTION 2. The City Council approves and accepts the Conservation Easement Agreement attached to this Ordinance and made a part hereto for all purposes. The Subject Easement may be held by the City of Denton for the benefit of the Woodmere Addition Homeowner’s Association. SECTION 3. The City Manager, or his designee, on behalf of the City of Denton, is authorized to execute the Agreement for the acceptance of the Subject Easement, suitable for recordation in the Real Property Records of Denton County, Texas. Minor adjustments to the Agreement are authorized, such as filling in blanks and minor clarifications or corrections, and any modifications made by City Council in the approval of this Ordinance. SECTION 4. The City Manager, or his designee, is further authorized to carry out all duties and obligations to be performed by the City of Denton under the Agreement. SECTION 5. The provisions of this Ordinance are severable, and the invalidity of any phrase, clause, or part of this Ordinance shall not affect the validity or effectiveness of the remainder of the Ordinance. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. s e c o n d eP£y IrBmwi )a le boyrdda : : the following vote n - A : Aye Nay Abstain Absent Gerard Hudspeth, Mayor:,/ V/ V/ I 34 \/ Birdia Johnson, District 1 : Connie Baker, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Arnrintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND ADOPTED this the lIB day of R)cccw@f202/pg A EN Page 2 ATTEST: ROSA RIOS, CITY SECRETARY Zr dr. it APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY .*../ / CONSERVATION EASEMENT AGREEMENT _ THIS CONSERVATION EASEMENT (" Ag„,m,„t") i, m,d, thi, nth,y ,f\)ecefM<rf 2020, by and between M/I Homes of DFW, LLC a Delaware limited liability company ("Grantor"), and the CITY OF DENTON, a Texas home rule corporation ("City"). WITNESSETH: The Grantor, in consideration of approval of Woodmere final plat (FP20-0025), the requirement of Ryan Way Planned Development (PD19-0003), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby creates and grants unto the City a conservation easement for the purposes set forth in this Agreement, over, under, and across the premises legally described on the attached Exhibit ’'A" and depicted on the attached Exhibit "B" (the "Easement Premises") to preserve the existing trees and retain open space as depicted on the attached Exhibit "C" ( "Tree Pmsewation Plan") and preserve the trees to be planted with the Easement Premises as depicted on the attached Exhibit "D" ("Planting Plan"). 1.Scope of Easement. Grantor for itself, its successors and assigns, understands and agrees that the following are prohibited in perpetuity on the Easement Premises: A.Constructing, installing, or maintaining anything man-made, including but not limited to buildings, structures, walkways, and playground equipment, except as allowed or required under any drainage and utility easements located within the Easement Premises. B.Cutting or removing trees or other vegetation, except for: i) routine mowing to prevent overgrowth of weeds and underbrush, or ii) noxious weed control or removal of diseased trees as directed by a governmental agency, or iii) when approved by the City, removing dead trees and/or trimming trees to maintain health. C. D. E. F. G H. I J. Excavation or filling or material alteration of grade. The deposit of waste, yard waste, or debris. Activity detrimental to the screening of the neighboring properties. Application of fertilizers, whether natural or chemical. Application of chemicals for the destruction or retardation of vegetation. The application of herbicides, pesticides, and insecticides, except for noxious weed control by or as directed by a governmental agency. Outside storage of any kind. Activity detrimental to the preservation of the scenic beauty, vegetation, and wildlife. 2 Exceptions. Grantor for itself, its successors and assigns, further grants the City the affirmative right, but not the obligation, to do the following on the Easement Premises: Enter upon the Easement Premises at any time to enforce compliance with the terms of this Agreement. 3.Warranty of Title. The Grantor warrants that it is the owner of the property described on Exhibit "A" and has the right, title and capacity to convey to the City the Conservation Easement herein. 4 Environmental Matters. The City shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from any claims, actions, suits or proceedings based upon a release or threat of release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Premises or property prior to the date of this Agreement. 5 Release. Grantor hereby remises, releases, acquits and forever discharges, forever, the City and any and all of its officers and employees of and from any and all claims, demands or causes of action of any kind or nature whatsoever which may arise or accrue by virtue of any flowage or trespass with water over and upon any or all of the Easement Premises within the terms of this Agreement. 6.Rights of Grantor and City. Grantor, or upon Grantor’s transfer of fee title of the Easement Premises, Grantor’s heirs, successors and assigns, including the Woodmere Homeowner Association, retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Easement Premises, and enforcement of the rights and restrictions of this Agreement. City or its authorized representatives, successors, and assigns, shall have the right, but not the obligation, to enforce the rights and restrictions of this Agreement and to enter the Easement Premises at all reasonable times for the purpose of inspecting the Easement Premises to determine if the Grantor or any of its successors and assigns is complying with the terms, conditions, restrictions, and purposes of this Agreement and to take whatever actions are necessary to preserve or restore existing trees and retain open space on the Easement Premises. City may charge the Grantor the reasonable costs of the preservation or restoration. Access by the City to the Easement Premises is limited to access necessary for purposes of inspection and enforcement as specified in this paragraph. 7 No Public Interest. Nothing contained herein or the dedication in the plat of Woodmere shall be construed as creating any use rights in the general public or as dedicating for public use any portion of the Easement Premises, except as expressly described in this Agreement. 8 Binding Effect; Enforceability. The terms and conditions of this Agreement shall run with the land and be binding on the Grantor, and Grantor's heirs, successors and assigns, 2 including the Woodmere Homeowner Association. This Conservation Easement is enforceable by the City acting through its City Council. 9.Amendment. This Agreement may be amended, modified or released by an instrument signed by the City and the Grantor, or its respective heirs, successors and assigns in interest to the Easement Premises. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date of the last signature below. CITY OF DENTON, TEXAS ATTEST: APPROVED AS TO LEGAL FORM: a72 Rosa Rios, ciFy Secretary M=–L–e–;Kit–yAlm GRANTOR Mri HOMES OF DFW, LLC A Delaware Limited Liability Company Kevin Dym, Its Vice President, Land THE STATE OF TEXAS ) ) )COUNTY OF DEVrON Thi, i„g„,m,„tw„ „k„,wl,dg,d b,f„, m, ,„ th, Z/q,y ,fD„,mb„, 2020, by K,„i" Dym, the Vice President, Land of M/I Homes of DFW, LLC, a Delaware limited liability company on behalf of the entity, Grantor. a bTo LieTERESA HOLDEMAN Notary ID #1790262 My Commission Expires August 15, 2021 DRAFTED BY: City of Denton 215 E. McKinney St. Denton, Texas 7620 ] (940) 349-8333 RECEIVED VEE 2 1 2020 TRACT 1 BEING a tract of land situated in the C. Poullalier Survey, Abstract No. 1006, City of Denton, Denton County, Texas and being a portion of a called 29.345-acre tract of land described in a deed to M/1 Homes of DFW, LLC, recorded in Document No. 2020-83879, Official Records, Denton County, Texas, and being more particularly described by metes and bounds as follows BEGINNING at a 5/8-inch iron rod found for the northernmost northeast corner of said 29.345-acre tract. common to the southeast corner of Lot IX, Block D, Teasley Trails Phase IB, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Document No 2016-2092, Map Records, Denton County, Texas, same being on the westerly line of Teasley Trails Phase 1, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Document No. 2016-176, said Map Records; THENCE South 0'06'20" West, along the common line of said 29.345-acre tract and said Teasley Trails Phase 1. a distance of 29.91 feet to a point for corner; THENCE South 89'57'17" West, departing said common line and crossing said 29.345-acre tract, a distance of 480.16 feet to a point for corner THENCE North 0'28'26" East, continuing across said 29.345-acre tract, a distance of 34.26 feet to a point for corner on the northerly line of said 29.345-acre tract, same being the southerly line of said Teasley Trails Phase IB; THENCE S 89'31'34" E, along the common line of said 29.345-acre tract and said Teasley Trails Phase IB, a distance of 479.95 feet to the POINT OF BEGINNING and containing 0.354 of an acre (15,404 sq. ft.) of land, more or less EXHIBIT "A" CONSERVATION EASEMENT TRACT 1 C. POULLALIER SURVEY, A-1006 CITY OF DENTON DENTON COUNTY, TEXASMICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn. com R. JOHN 12/1 1/2020 10:23 AM K:\FRI_ N/A 1 JMH I KHA 1 12/11/2020 TRACT 2 BEING a tract of land situated in the C, Poullalier Survey, Abstract No. 1006, City of Denton, Denton County, Texas and being a portion of a called 29.345-acre tract of land described in a deed to M/1 Homes of DFW, LLC. recorded in Document No. 2020-83879, Official Records. Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod with plastic cap stamped “JBl” found for the easternmost northeast corner of said 29.345-acre tract, common to the northwest corner of Lot 1 IX, Block G, Teasley Trails Phase IV, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Document No, 2017-96, Map Records, Denton County, Texas, same being on the southerly line of Teasley Trails Phase IB. an Addition to the City of Denton, Texas, according to the plat thereof recorded in Document No. 2016-2092, said Map Records; THENCE South 0'22'43" West, along the common line of said 29.345-acre tract and said Teasley Trails Phase IV, a distance of 132.82 feet to a 1/2-inch iron rod found for corner; THENCE South 0'32'09" West, continuing along said common lie, a distance of 590.57 feet to a point for corner; THENCE South 89'57’17" West, departing said common line and crossing said 29.345-acre tract, a distance of 120.48 feet to a point at the beginning of a tangent curve to the left having a central angle of 9'13'51", a radius of 282.50 feet, a chord bearing and distance of South 85'20'22" West, 45.46 feet; THENCE in a southwesterly direction, continuing across said 29.345-acre tract and with said curve to the left, an arc distance of 45.51 feet to a point at the beginning of a non-tangent curve to the right having a central angle of 13'23'51 ", a radius of 209.50 feet, a chord bearing and distance of North 6'44’39" West, 48.88 feet; THENCE in a northwesterly direction, continuing across said 29.345-acre tract and with said curve to the right, an arc distance of 48.99 feet to a point for corner; THENCE North 0'02'43" West, continuing across said 29.345-acre tract, a distance of 1 11.22 feet to a point for corner; THENCE North 89'57'17" East, continuing across said 29.345-acre tract, a distance of 107.00 feet to a point for corner; THENCE North O'02'43" West, continuing across said 29.345-acre tract, a distance of 568.31 feet to a point for corner on the northerly line of said 29.345-acre tract, same being on the southerly line of the aforementioned Teasley Trails Phase IB; THENCE South 89'11'30" East, along the common line of said 29.345-acre tract and said Teasley Trails Phase IB, a distance of 71.48 feet to the POINT OF BEGINNING and containing 1.515 acres (66,01 1 sq. ft.) of land, more or less EXHIBIT "A" CONSERVATION EASEMENT TRACT 2 C. POULLALIER SURVEY, A-1006 CITY OF DENTON DENTON COUNTY, TEXASMICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH, 972-335-3580 michael.marx@kimley-horn .com o Suite 210 FIRN 6160 Warren Parkway Frisco. Texas 75034 Tel No (972) 33$3580 # 10193822 Fax No. (972) 3383779 NERI JOHN 12/11/2020 10:23 AM K:\FRI_ N/A 1 JMH KHA 1 12/11/2020 1 063244200 1 2 OF 12 TRACT 3 BEING a tract of land situated in the C. Poullalier Survey. Abstract No. 1006. City of Denton, Denton County, Texas and being a portion of a called 29.345-acre tract of land described in a deed to M/1 Homes of DFW, LLC, recorded in Document No. 2020-83879. Official Records, Denton County, Texas, and being a portion of a tract of land described in a deed to M/1 Homes of DFW, LLC, recorded in Document No. 2020-83708. said Official Records, and being a portion of a Lot 1, Block A, Lightbringer Estates, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Document No. 2015-33, said Map Records, and being more particularly described by metes and bounds as follows BEGINNING at a 1/2-inch pipe found for the southeast corner of said 29,345-acre tract, common to the northeast corner of said Lot 1. same being the northeast corner of said M/1 Homes tract, same also being on the westerly line of Teasley Trails Phase IV. an Addition to the City of Denton. Texas, according to the plat thereof recorded in Document No. 2017-96, Map Records, Denton County, Texas; THENCE South O'32'09" West, along the common line of said Lot 1 and said Teasley Trails Phase IV and along the westerly line of Teasley Trails Phase III, a distance of 844.39 feet to a point for corner; THENCE South 89'57'18" West, departing said common line and crossing said Lot 1 , a distance of 30.22 feet to a point for corner; THENCE North O'02'43'’ West, continuing across said Lot 1 and across said 29.345-acre tract, a distance of 882.01 feet to a point for corner; THENCE South 89'27'52" East, continuing across said 29.345-acre tract, a distance of 39.16 feet to a point for corner on the common line of said 29.345-acre tract and said Teasley Trails Phase IV; THENCE South O'31'50" West, along said common line, a distance of 37.27 feet to the POINT OF BEGINNING and containing 0.702 of an acre (30.594 sq, ft.) of land, more or less. EXHIBIT "A" CONSERVATION EASEMENT TRACT 3 C. POULLALIER SURVEY, A-1006 CITY OF DENTON MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com DENTON COUNTY, TEXAS o 6160 Warren Parkway,Frisco. Texas 75034 Tel. No. (972) 335-3580 10193822 Fax No. (972) 3353779 rEIN 12/11/2020 lo:23 AM K:\FRI SURVEY :-CASTLE T [•]IBllu•]IBaMlb]1IBElrMmmmmJMHKHA 1 12/11/2020 1 063244200 1 3 OF 12 TRACT 4 BEING a tract of land situated in the C. Poullalier Survey, Abstract No. 1006, City of Denton, Denton County, Texas and being a portion of a called 29.345-acre tract of land described in a deed to M/1 Homes of DFW. LLC, recorded in Document No. 2020-83879, Official Records, Denton County, Texas, and being a portion of a tract of land described in a deed to M/1 Homes of DFW. LLC, recorded in Document No 2020-83708, said Official Records, and being a portion of a Lot 1, Block A. Lightbringer Estates. an Addition to the City of Denton, Texas. according to the plat thereof recorded in Document No. 2015-33, said Map Records. and being more particularly described by metes and bounds as follows BEGINNING at a 5/8-inch iron rod found for the northwest corner of said Lot 1, common to the northwest corner of said M/1 Homes tract same being an angle point in the southerly line of said 29.345-acre tract, same also being the northeast corner of Ridgemont Addition Phase Two, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet P, Page 157, said Map Records THENCE South 89'33'46" West, along the common line of said 29.345-acre tract and said Ridgemont Addition. a distance of 92.73 feet to a point for corner; THENCE N 0'27'24" W, departing said common line and crossing said 29.345-acre tract, a distance of 22.18 feet to a point for corner; THENCE N 89'57’17" E. continuing across said 29.345-acre tract. a distance of 1 12.04 feet to a point for corner; THENCE S 0'02'43" E, continuing across said 29.345-acre tract and across said Lot 1, a distance of 870.75 feet to a point for corner; THENCE S 89'57'17" W, continuing across said Lot 1. a distance of 29.00 feet to a point for corner on the westerly line of said Lot 1, same being on the easterly line of Ridgemont Addition Phase 1, an Addition to the City of Denton. Texas. according to the plat thereof recorded in Cabinet O. Page 196, said Map Records; THENCE N 0'37’08" E, along the common line of said Lot 1 and said Ridgemonl Addition Phase 1 and along the easterly line of said Ridgemont Addition Phase Two, a distance of 849.26 feet to the POINT OF BEGINNING and containing 0.526 of an acre (22,892 sq. ft.) of land, more or less EXHIBIT "A" CONSERVATION EASEMENT TRACT 4 C. POULLALIER SURVEY. A-1 006 CITY OF DENTON MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn. com DENTON COUNTY, TEXAS o 6160 Warren Parkway, Frisco, Texas 75034 Tel. No # 10193822 Fax No yER. JOHN 12/1 1/2020 10:23 AM K:\F N/A JMH I KHA 1 12/11/2020 1 063244200 1 40F 12 TRACT 5 BEING a tract of land situated in the C. Poullalier Survey, Abstract No. 1006, City of Denton, Denton County, Texas and being a portion of a called 29.345-acre tract of land described in a deed to M/1 Homes of DFW, LLC, recorded in Document No. 2020-83879. Official Records, Denton County, Texas, and being more particularly described by metes and bounds as follows BEGINNING at a 1/4-inch iron rod found for the southwest corner of said 29.345-acre tract, common to the northwest corner of Ridgemont Addition Phase Two. an Addition to the City of Denton, Texas, accordIng to the plat thereof recorded in Cabinet P, Page 157. Map Records Denton County, Texas, same being on the easterly line of Montecito Del Sur, Section 2, Phases I & II, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet F, Page 286, said Map Records; THENCE North 0'32'55" East. along the common line of said 29.345-acre tract and said Montecito Del Sur, Section 2, a distance of 329.52 feet to a point for corner; THENCE departing said common line and crossing said 29.345-acre tract the following courses and distances: South 89'27'05" East, a distance of 19.07 feet to a point for corner; South 0'02'43" East, a distance of 242.60 feet to a point for corner; South 46'34'48" East, a distance of 1 10.66 feet to a point for corner; North 89'32'36" East, a distance of 684.70 feet to a point for corner; South 0'02'43" East. a distance of 10.11 feet to a point for on the common line of said 29.345-acre tract and said Ridgemont Addition Phase Two THENCE South 89'33'46" West. along said common line, a distance of 787.50 feet to the POINT OF BEGINNING and containing 0.403 of an acre (17,558 sq. ft.) of land, more or less EXHIBIT ’'A" CONSERVATION EASEMENT TRACT 5 C. POULLALIER SURVEY, A-1 006 CITY OF DENTON DENTON COUNTY, TEXASMICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com 6160 Warren Parkway. Suite Frisco. Texas 75034 HOEFNER, JOHN 12/11/2020 10:23 AM K:\FRI_ JMH I KHA TRACT 6 BEING a tract of land situated in the C. Poullalier Survey, Abstract No' 1006, City of Denton, Denton County, Texas and being a portion of a called 29.345-acre tract of land described in a deed to M/1 Homes of DFW, LLC, recorded in Document No. 2020-83879, Official Records Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found for the northwest corner of said 29.345-acre tract, common to the southwest corner of Lot 16. Block D, Teasley Trails Phase IB. an Addition to the City of Denton, Texas. according to the plat thereof recorded in Document No. 2016-2092, Map Records. Denton County. Texas, same being on the easterly line of a called 28.557-acre tract of land described in a deed to James Ken Newman, recorded in Volume 1266. Page 118, said Official Records; THENCE South 89'31'34" East, along the common line of said 29.345-acre tract and said Teasley Trails Phase IB, a distance of 14.67 feet to a point for corner; THENCE departing said common line and crossing said 29.345-acre tract the following courses and distances South 0'25'29" West, a distance of 150.11 feet to a point for corner; South 89'57'17" West, a distance of 4.67 feet to a point for corner; South 0'25'29" West, a distance of 432.58 feet to a poInt for corner; North 89'27'05" West, a distance of 11.26 feet to a point for on the common line of said 29.345-acre tract and the aforementioned 28.557-acre tract; THENCE North 0'32'55" East, along said common line, a distance of 582.71 feet to the POINT OF BEGINNING and containing 0,158 of an acre (6.894 sq. ft.) of land, more or less EXHIBIT "A" CONSERVATION EASEMENT TRACT 6 C. POULLALIER SURVEY, A-1 006 CITY OF DENTONkd#!„4Jdv REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com DENTON COUNTY, TEXAS MICHAEL B. MARX ez“:5181 W N/A 1 JMH KHA Date 12/11/2020 @ 063244200 M 5 OF 12 HOEFNER, JOHN 12/1 1/2020 10:23 AM K:\FRI SURVEY\063244200-AERIE-CASTLE TRACT\DWG\SEPARATE INSTRUMENTS\063244200 ONSITE CONSERVATION ESMT.DWG BEING a tract of land situated in the C. Poullalier Survey, Abstract No. 1006, City of Denton, Denton County, Texas and being a portion of a called 48.070-acre tract of land described in a deed to Teasley Trails, LLC, recorded in Document No. 2013-94216, Official Records, Denton County, Texas, and being all of Lot 16, Block D. Teasley Trails Phase 1 B, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Volume 2016, Page 2092, Map Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod found for the southwest corner of said Lot 16, common to the northwest corner of a called 29.345-acre tract of land described in a deed to M/1 Homes of DFW, LLC, recorded in Document No. 2020-83879, said Official Records, same being on the easterly line of a called 28.557-acre tract of land described in a deed to James Ken Newman, recorded in Volume 1266, Page 1 18, said Official Records; THENCE North O'’09'37" East, along the westerly line of said Lot 16 and the easterly lines of said Newman tract and Whittle Addition, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet C, Page 61, said Map Records, a distance of 623.04 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for the northwest corner of said Lot 16. common to the southwest corner of Lot 24X HOA. Block D, Teasley Trails Phase 2, an Addition to the City of Denton, Texas, according to the plat thereof recorded in Volume 2017, Page 352, said Map Records; THENCE North 89'’58'03" East, departing the easterly line of said Whittle Addition and along the northerly line of said Lot 16 and the southerly line of said Lot 24X HOA, a distance of 162.66 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for the northeast corner of said Lot 16, common to the northwest corner of Lot 23, Black D, said Teasley Trails Phase IB; THENCE South 0'00'50" East, departing the southerly line of said Lot 24X HOA and along the easterly line of said Lot 16 and the westerly lines of said Lot 23 and Lots IX. 17-22, Block D, said Teasley Trails Phase IB, a distance of 624.49 feet to a 5/8-inch iron rod with plastic cap stamped “KHA” set for the southeast corner of said Lot 16, common to the southwest corner of said Lot IX. same being on the northerly line of the aforementioned 29.345-acre tract; THENCE North 89'’31'34" West, along the southerly line of said Lot 16 and the northerly line of said 29.345-acre tract, a distance of 164.56 feet to the POINT OF BEGINNING and containing 2.343 acres (102,051 sq. ft.) of land, more or less EXHIBIT "A" CONSERVATION EASEMENT tda#!'Iv REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn. com C. POULLALIER SURVEY, A-1006 CITY OF DENTON DENTON COUNTY, TEXAS MICHAEL B. MARXa'.5181 MIll N/A Iu’III.II JMH }q_It - idX.i.I.II BFRI 12/1 1/2020KHA M 063244200 Sheet No 1 OF 2 BLOCK D TEASLEY TRAILS, PHASE 1 B VOL. 2016, PG. 2092 M.R.D.C.T. I I I I I TEAS[E?FRDAILSBLOCK D TEASLEY TRAILS, PHASE 1 B VOL. 2016, PG, 2092, M.R.D.C.T. PHASE 1 VOL. 2016, PG. 176 M.R.D.C,T 16 S89'31'34"E 479,95' IX HOA 15 NO'28' 3 BEEIgv 5/8" IRF BRS N16'03'E. 1.O' TRACT 1 CONSERVATION EASEMENT 0.354 AC 1 15,404 SQ.FT. CALLED 29.345 ACRES M/1 HOMES OF DFW, LLC INST. NO. 2020-83879 0.R.D.C.T I-“"=TRACT 6 M/1 HOMES TRACT GRImILE IN FEET TRACT 4 LEGEND RYAN ROAD A = CENTRAL ANGLE P.0.B. = POINT OF BEGINNING fRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND 0.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY', TEXAS M.R.D.C.T. = MAP RECORDS, DENTON COUNTY, TEXAS Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983 EXHIBIT "B" CONSERVATION EASEMENT TRACT 1 C. POULLALIER SURVEY, A-1 006 CITY OF DENTON MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael. marx@kimley-horn. com DENTON COUNTY, TEXAS Ma 1 " = 60' rmI!!FI KHAJMH BFt11 12/1 1/2020 @ 063244200 M 7 OF 12 I BLOCK I TEASLEY TRAILS, PHASE 1 B VOL. 2016, PG. 2092, M,R.D.C.T TRACT 1 1 OX HOA S89'11'30'’E 71.48'P.O.B. lil}aTEn (JBI) M/1 HOMES TRACT C/) LU ac C) < K)'+a) aS(\1 a LU--1-J <O O JR iS E !! g # g g3 Cr) o6 CO K) gI ?)'+ iN0bZ r\100 (\iF) gif)sr a\Ialba \ 11x HOA 1 \ _ 1: C) n ft;d BLOC'K G TEASLEY TRAILS. PHASE IV VOL. 2017. PG. 96. M.R.D.C.T 12 I RYAN ROAD 1/2" IRF N89'57'17"E I07.OO' iN(\1 g &)'+ &I0 bZ TRACT 2 CONSERVATION EASEMENT 1.515 AC / 66,011 SQ.FT. KLO0a) LO Ig a)0 6\1Inb C/) BLOCK G TEASLEY TRAILS. PHASE IV VOL. 2017, PG. 96, M,R.D.C.T C) Ba 11X HOA A= 1 3'23'51" R=209.50' L=48.99' CB=N6'44'39'’W 'C=48.88' A=9' 1 3'51" R=282.50' L=45.51 ' CB=S85'20'22'W C=45.46 Hmm Mana LEGEND ! MIZZEN LANE A = CENTRAL ANGLE = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND 0.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS M.R.D.C.T. = MAP RECORDS, DENTON COUNTY, TEXAS I TI – EXHIBIT "B" Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983, CONSERVATION EASEMENT TRACT 2 C. POULLALIER SURVEY, A-1006 CITY OF DENTON MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO. TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn .com DENTON COUNTY, TEXAS m 1 " = 60' ml:winn–Fi@JMH I KHA 1 12/11/2020 1 063244200 @ 8 OF 12 N LANE TRACT 1 TRACT 6 M/1 HOMES TRACT I CALLED 29,345 ACRES M/1 HOMES OF DFW, LLC INST. NO. 2020-83879 0.R.D.C.T. S89'27'52"Ea39.16' 'SO'31'50'W 37.27' C/) LU <gEC/)OLD J gr-Z F–nc gP!= (9:1 C)Jg b kg g g g gb=ZE aja> \t)TH RcS gB dl0a ; 16 RYAN ROAD BLOCK A TEASLEY TRAILS. PHASE IV VOL. 2017, Pa 96TM.R.D.c.T 15 / TRACT 3 CONSERVATION EASEMENT 0.702 AC / 30,593 SQ.FT 3 LOT 1. BLOCK A LIGHTBRINGER ESTATES DOC. NO. 2015-33, P.R.D.C.T IX HOA M/1 HOMES OF DFW. LLC INST. NO. 2020-83708, 0.R.D.C.T BLOCK A TEASLEY TRAILS. PHASE III VOL. 2017. PG. 95, M.R.D.C.T RYAN ROAD 5/8" IRFC "JBI" =====L =10 ===== LEGEND A = CENTRAL ANGLE = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND 0.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS M.R.D.C.T, = MAP RECORDS, DENTON COUNTY, TEXAS EXHIBIT "B'’ Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202), North American Datum of 1983, CONSERVATION EASEMENT TRACT 3 C. POULLALIER SURVEY, A-1006 CITY OF DENTON MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com DENTON COUNTY, TEXAS Pnn 1 " = 60' T–lUJMH I KHA 1 12/11/2020 1 063244200 F=i,tq41ju 9 OF 12 k, JOHN 12/1 1/2020 lo:23 AM K:\FRISURVEY\063244200-AERIE-CASTLE TRACT\DWG\SEPARATE INSTRUMENTS\063244200 ONSITE CONSERVATION ESMT.DWG CALLED 29.345 ACRES M/1 HOMES OF DFW. LLC INST. NO. 2020-83879 0.R.D.C.T. NO'27'24"W 22.18' N89'57'17"E 112.04 HiIsHM1aRAM 5/8" IRF P.O.B.o1 it < C) GRAPHIC SCALE IN FEET 12 C) Jbo- bgS g g E: gb B- LUZ <--1 BLOCK C ADDITION TWO CAB. P, PG. 157, M.R.D.C.T I E IE Ig b C/) LU1-Zo I E 11 TRACT 1 TRACT 6 M/1 HOMES TRACT II TRACT 2 2 TRACT CONSE 0.526 1 RVATION EASEMENT C / 22,892 SQ.FT. 4 BLOCK C RIDGEMONT ADD C) pTAsFI 0, PG. 196, M.R.D.C.T LOT 1 , BLOCK A LIGHTBRINGER ESTATES DOC. NO. 2015-33, P.R,D,C.T.CAB M/1 HOMES OF DFW, LLC INST. NO. 2020-83708, 0.R.D.C.T 1 RYAN ROAD s> 8 9 a 5 7 1 1 7 1 1 w P 29,OO' RYAN ROAD LEGEND A = CENTRAL ANGLE BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND 0.R,D.C,T. = OFFICIAL RECORDS, DENTON COUNTY. TEXAS M.R.D.C.T. = MAP RECORDS, DENTON COUNTY, TEXAS EXHIBIT "B'’ Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. CONSERVATION EASEMENT TRACT 4 C. POULLALIER SURVEY, A-1006 CITY OF DENTON MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn. com DENTON COUNTY, TEXAS HOEFNER, JOHN 12/11/2020 10:23 AM K:\FRI 1"=60' 1 JMH KHA 1 12/11/2020 1 063244200 1 IOOF LEGEND A = CENTRAL ANGLE P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND 0.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNW, TEXAS M.R.D.C.T. = MAP RECORDS, DENTON COUNW, TEXAS Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1 983.GRAPHIC SCALE IN FEET 'S89'27'05"E 19.07'ac3 CDJ LUa e O LU1-Z0 E =1-dC)-d fan! gz- I g(\1. oz8? PLC b g ; T 161 M/1 HOMES TRACT II TRACT 2< bCO0--1 no 25 t\IK) a)al Cr) LUI in Lr>t\IIa)bZ bCO a\isr(\I lu IM Sr(\I FOb C/) RYAN ROAD 26 TRACT 5 CONSERVATION EASEMENT 0.403 AC / 17,558 SQ.FT.=F- ned cj 2 g 8 gg E_< bZO0 fa --1 CALLED 29.345 ACRES M/1 HOMES OF DFW, LLC INST' NO. 2020-83879 0.R.D.C.T SO'02'43"E N89'32’36"E 684.70' 10-11 ’ 1/4" IRF HamM WHEn 27 10 11 BLOCK A RIDGEMONT ADDITION PHASE TWO 19 EXHIBIT "B" CONSERVATION EASEMENT TRACT 5 C. POULLALIER SURVEY, A-1 006 CITY OF DENTON MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn .com DENTON COUNTY, TEXAS gIna 1 " = 60' W JMH HeIIIIII 12/1 1/2020KHA @ Shm 11 OF 12063244200 BLOCK D TEASLEY TRAILS, PHASE 1 B VOL. 2016. PG. 2092, M.R.D.C.T. I LEGEND S89'31'34"E 14.67' A = CENTRAL ANGLE P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND O'R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS M'R.D.C.T. = MAP RECORDS, DENTON COUNTY, TEXAS B Z ygi P.O.B 5/8" IRF 16 Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202). North American Datum of 1983 TRACT 6 CONSERVATION EASE 0.158 AC 1 6,894 SQ.FT MENT GRLE IN FEET S89'57'17"W 4.67'M/1 HOMES TRACT CALLED 29.345 ACRES M/1 HOMES OF DFW, LLC INST. NO. 2020-83879 0.R.D.C.T RYAN ROAD N89'27'05'W 11 .26' EXHIBIT "B" CONSERVATION EASEMENT TRACT 6 C. POULLALIER SURVEY, A-1006 CITY OF DENTON DENTON COUNTY, TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn .com MICHAEL B. MARX Q&D nina 1 " = 60' EmmyrB:+mEjtMJMH I KHA 1 12/11/2020 1 063244200 BiLl:1.1 12 OF 12 1 /2020 10:23 AM K:\FRI_SURVEY\063244200-AERIE-CASTLE TRACT\DWG\SEPARATE INSTRUMENTS\063244200 ONSITE CONSERVATION ESMT.DWG I WHITTLE ADDITION LOT 1. BLOCK 1 CABINET C, PAGE 61 M.R.D.C.T, BLOCK D TEASLEY TRAILS. PHASE 2 VOL. 2017, PG. 352, M.R.D,C,T24X HOA N89'58'03"E 162.66' a)'+Ja\I CO LUb10 i=>0 iD C/) 23 yES, y ! i 1C) C)–> CONSERVATION EASEMENT 2.343 AC 1 102,051 SQ.FT.0 6030 GRAmCALE IN FEET LU be) b)0bZ 22 16 BLOCK D TEASLEY TRAILS. PHASE 1 B VOL. 2016, PG. 2092, M,R.D.C,T.21 CONSERVATION EASEMENT 2.343 AC / 102,051 SQ.FT. BLOCK D TEASLEY TRAILS. PHASE 1 B VOL. 2016, PG. 2092, M.R.D.C.T. 16 LEGEND C)-> IX HOA A = CENTRAL ANGLE P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRF = IRON ROD FOUND 0.R.D.C.T. = OFFICIAL RECORDS. DENTON COUNTY, TEXAS M.R.D.C.T. = MAP RECORDS. DENTON COUNTY, TEXAS 5/8" IRF P.0.B. m I I CALLED 29.345 ACRES M/1 HOMES OF DFW. LLC INST. NO. 2020-83879 0.R.D.C.T. Bearing system based on the Texas Coordinate System of 1 983, North Central Zone (4202), North American Datum of 1983 EXHIBIT "B" CONSERVATION EASEMENT td.af.43& C. POULLALIER SURVEY, A-1006 CITY OF DENTON DENTON COUNTY, TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn. com MICHAEL B. MARX di;b Rna 1 " = 60' {BIUM JMH I KHA 1 12/11/2020 1 063244200 1 2 OF2 HOEFNER, JOHN 12/1 1/2020 lo:28 AM K:\FRI_SURVEY\063244200-AERIE-CASTLE TRACT\DWG\SEPARATE I NSTRUMENTS\CB32442CD OFFSITE CONSERVATION ESMT. 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