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21-644
ORDINANCE NO. 21-644 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION (“CITY”), APPROVING THE PURCHASE AND EXCHANGE OF (1) A 2.960 A(_'RE FEE SIMPLE TRACT; (2) A 1.550 ACRE FEE SIMPLE TRACT; AND (3) A DRAINAGE EASEMENT ENCUMBERING 0.029 ACRES, EACH LOCATED IN THE DAVID HOUGH SURVEY, ABSTRACT NO. 646, DENTON, DENTON COUNTY, TEXAS AND OWNED BY KEVIN NELMS AND RICHARD GREB AND WIFE, NANCY GREB (“NELMS-GREB”), FOR A 3.457 ACRE TRACT, ALSO LOCATED IN THE DAVID HOUGH SURVEY AND OWNED BY THE CITY, PLUS THE PAYMENT BY CITY OF $248,793.00 (THE “PURCHASE AND EXCHANGE”); AUTHORIZING THE CITY MANAGER IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE §272.001(b)(3) TO EXECUTE A REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT WITH NELMS-GREB, TOGETHER WITH ANY OTHER DOCUMENTS NECESSARY TO CLOSE THE PURCHASE AND EXCHANGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 4, 2014 the Denton City Council approved an agreement to purchase various land tracts from Nelms-Greb necessary for the expansion and improvement of Mayhill Road and related municipal uses (the “Mayhill Road Project”) (Ordinance 2014-067); and WHEREAS, a subsequent redesign of the Mayhill Road Project caused a portion of the land tracts purchased from Nelms-Greb to no longer be necessary for public use; and WHEREAS, on March 7, 2017 the Denton City Council approved an exchange between the City and Nelms-Greb ofa 4.936 acre excess right-of-way tract owned by the City for a 3.457 acre tract owned by Nelms-Greb, the 3.457 acre tract to be used as a Mayhill Road Project construction staging area, each located in the David Hough Survey, Abstract No. 646, Denton, Denton County, Texas (Ordinance 2017-086); and WHEREAS, a further redesign of the Mayhill Road Project now includes an elevated bridge structure to cross the DART/DCTA rail corridor and the City is presently acquiring the necessary property interests to carry out the further redesigned Mayhill Road Project; and WHEREAS, in connection with the Mayhill Road Project the City made an offer to Nelms-Greb to purchase a 2.960 acre fee simple tract and a drainage easement to encumber a 0.029 acre tract (Ordinance 2019-2809); and WHEREAS, Nelms-Greb has made a counteroffer to the City, and the City is amenable to the counteroffer, providing for the Purchase and Exchange as reaected in that certain Real Estate Purchase and Exchange Agreement attached hereto as Exhibit A and incorporated herein for all purposes (the “Agreement”); and WHEREAS, Texas Local Government Code §272.001(b)(3) allows the exchange of land that was originally acquired for streets, rights-of-way, or easements for other land to be used for streets, rights-of-way, or easements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fUlly set forth in the body of this ordinance. SECTION 2. The proposed Purchase and Exchange is approved. SECTION 3. Pursuant to Texas Local Government Code §272.001(b)(3), the City Manager, or their designee, is authorized to (i) execute on behalf of the City the Agreement and any other documents required by the title company to close the Purchase and Exchange, (ii) carry out all duties and responsibilities of the City pursuant to the Agreement, and (iii) make expenditures in accordance with the terms of the Agreement, including the expenditure of $248,793.00 in connection with the Purchase and Exchange. SECTION 4. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the Council of the City of Denton declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. The mod,n t, appr,„ thi, „dina„„ w„ m,d, by Pao I M( I tIe f ,„d „,,„d,d by BOhn RYa A . The ordinan,e w„ p„„d ,„d ,pp„,,d by th, following vote a - h : Aye \/ \/P \// y \// \/ V Nay Abstain Absent Gerard Hudspeth, Mayor: Birdia Johnson. District 1 : Connie Baker, District 2: Jessie Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: 2 PASSED AND APPROVED this the IB+ day of ATC I , 2021. aN ATTEST: ROSA RIOS, CITY SECRETARY ,\lttllllll DE 9866 _ /B/QJ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY '“: DocuSign Envelope ID: 3959DC08-3B7CzID35-80094C>4954BA8F8D EXHIBIT "A" attachment to ordinance REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT THIS REAL ESTATE PURCHASE AND EXCHANGE AGREEMENT (“Agreement”) is dated the 13h day of W\ \ , 2021 (Effective Date“), and is made by and between Kevin Nelms and Richard Greb and wife, Nancy Gmb (hereinafter collectively referred to as "Nelms-Greb") and the City of Denton, a Texas home-rule municipal corporation ("City"), upon the terms and conditions set forth herein. Whereas, Nelms-Greb are the owners of certain tracts or parcels of land (the “Land“) in the David Hough Survey, Abstract 646, Denton County, Texas, being affected by the expansion and improvement of Mayhill Road, a municipal street and roadway located in the City of Denton, and for flood control and storm water improvements necessitated thereby, all for the public safety and welfare (collectively, the “Project”, also known as Mayhill DCTA Bridge); and Whereas, City desires to acquire (i) fee simple to a 2.960 acre tract; (ii) fee simple to a 1.55 acre tract (both being part of the Land); and (iii) drainage easement to a 0.029 acre tract, being a part of and encumbering the Land, all tracts related to the Project (the “Project Property Interests”); and \ Whereas, Nelms-Greb desires to acquire a 3.457 acre fee simple tract, owned by the City and adjacent to the Land (the “City Tract”) in exchange for the Project Property Interests, plus a cash purchase price of Two Hundred Forty-Eight Thousand Seven Hundred and Ninety-Three Dollars and No Cents ($248,793.00); and Whereas, the City Tract is presently encumbered with the City’s electric facilities (i) within an existing electric easement conveyed by M. A. Haggard and wife, Wilma Haggard, to Brazos River Transmission Cooperative, Inc. recorded in Volume 357, Page 54, Deed Records, Denton County, Texas, such easement being subsequently assigned to the City of Denton as evidenced in that certain Assignment of Easements instrument recorded in Volume 2736, Page 0825, Real Property Records, Denton County, Texas (the “Haggard Easement”) and (ii) within Electric Utility Easement Tract(s) 1 and 2, contemplated to be reserved unto the City within the hereinafter referenced City Deed (“Reserved Electric Utility Easement Tract 1” and “Reserved Electric Utility Easement Tract 2”); and Whereas, a portion of the Nelms-Greb Land is encumbered within an existing electric easement conveyed by G.H. Brammer to Brazos River Transmission Cooperative, Inc. recorded in Volume 357, Page 45, Deed Records, Denton County, Texas, such easement being subsequently assigned to the City of Denton as evidenced in that certain Assignment of Easements instrument recorded in Volume 2736, Page 0825, Real Property Records, Denton County, Texas (the “Brammer Easement”); and Whereas, in the spring of 2018 the City removed all of its electric facilities within the Brammer Easement as a component part of utility clearance measures for the Mayhill Road Widening and Improvements project – Phase 1, relocating that segment of the electric circuit to the City Tract; and DocuStgn Envelope ID: 3959DC08-3B7CJID35-8009=104954BA8F8D Whereas, it is anticipated that current development activity to the north and west of the City Tract and north of the Nelms-Greb Land will soon bring about electric service solutions that will no longer require City electric facilities or easements upon the City Tract (save the contemplated Reserved Electric Utility Easement Tract 1 for future down-guy anchorage facilities); and Whereas Nelms-Greb requests that at such time that the City’s electric facilities are removed from the City Tract that the City include the Brammer Easement (as it encumbers Nelms-Greb Land) and the Reserved Electric Utility Easement Tract 2 (as it encumbers the City Tract) in any easement abandonment initiative brought about involving the Haggard Easement; and Whereas, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the Project Property Interests for the Project; and Whereas, the terms and conditions of the Agreement contemplated herein comply with Chapter 272 of the Texas Local Government Code; and Now, therefore, for good and valuable consideration, including the covenants contained herein, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: A.PURCHASE AND EXCHANGE OF TRACTS. 1. At Closing (as defined in Section C.1.), and subject to the terms and conditions contained herein, Nelms-Greb shall grant, execute and deliver to the City (i) a Special Warranty Deed (the “2.960 Acre Deed”), conveying to the City all rights and appurtenances pertaining to the 2.960 Acre Deed tract, including any right, title, and interest ofNelms-Greb in and to adjacent streets, alleys, or rights-of-way, and together with any improvements fixtures, and personal property situated on and attached to the 2.960 Acre Deed tract. The 2.960 Acre Deed tract shall be conveyed to the City in substantially the same form as the Special Warranty Deed conveyance instrument attached hereto and made a part hereof as Attachment “1” and made a part hereof; and (ii) a Special Warranty Deed (the “1.550 Acre Deed”), conveying to the City all rights and appurtenances pertaining to the 1.550 Acre Deed tract, including any right, title, and interest of Nelms-Greb in and to adjacent streets, alleys, or rights-of-way, and together with any improvements fixtures, and personal property situated on and attached to the 1.550 Acre Deed tract. The 1.550 Acre Deed tract shall be conveyed to the City in substantially the same form as the Special Warranty Deed conveyance instrument attached hereto and made a part hereof as Attachment “2” and made a part hereof; and (iii) Drainage Easement (the “Easement“), in, along, upon, under, over and across the tract of land being described in Exhibit “A“ and depicted in Exhibit “B”, respectively, to that certain Drainage Easement conveyance instrument being attached hereto as Attachment “3” and made a part hereof, all of the above described conveyance tracts being the Project Property Interests. 2. At Closing, and subject to the terms and conditions contained herein, the City shall convey all of its right, title and interest to Nelms-Greb in the City Tract with all rights and appurtenances pertaining to the City Tract, together with any improvements fixtures, and personal property 2 DocuSign Envelope ID: 3959DC08-3B7CJID35-8009JI04954BA8F8D situated on and attached to the City Tract (hereinafter called the “City Property”). The City Property shall be granted by a Special Warranty Deed in substantially the same form as the Special Warranty Deed conveyance instrument attached hereto and made a part hereof as Attachment “4”, inclusive of Reserved Electric Utility Easement Tract 1 and Reserved Electric Utility Tract 2, (the “City Deed”). As additional consideration for the granting and conveying by Nelms-Greb of the Project Property Interests, the City shall pay jointly to Nelms-Greb at Closing the sum of Two Hundred Forty-Eight Thousand Seven Hundred Ninety-Three Dollars and No Cents ($248,793.00). The monetary compensation prescribed in this Section A.2., along with the granting and conveying by the City to Nelms-Greb of the City Property is herein referred to as the “Total Compensation”. B. CONDITIONS PRECEDENT TO CLOSING 1. On or before ten (10) days after the Effective Date of this Agreement, Nelms-Greb at their expense shall obtain a current commitment for title insurance hereinafter called the “Project Property Interests Title Commitment” for the Project Property Interests for the issuance of an Owner’s Policy of Title Insurance from Title Resources, 525 S. Loop 288, Suite 125, Denton, Texas 76205 (the “Title Company”), together with legible copies of all documents constituting exceptions to title as reflected in the Project Property Interests Title Commitment. 2. City shall have a period of ten (10) days following the receipt of the Project Property Interests Title Commitment, and legible copies of title exception documents to review such items and to deliver to Nelms-Greb in writing such objections as the City may have to anything set forth in the Project Property Interests Title Commitment. Any items to which the City does not object within the ten (10) day period shall be deemed to be “Permitted Exceptions.” in the event the City timely objects to any matter in the Project Property Interests Title Commitment, Nelms- Gmb shall have the right, but not the obligation, for a period of thirty (30) days to cure any such matters objected to by the City, to the City’s satisfaction. Should Nelms-Greb fail to cure such matters to the satisfaction of the City, the City in its sole discretion, by a written notice to Nelms- Gmb within ten (10) days following the expiration of the thirty (30) day period either (a) terminate this Agreement and the parties hereto shall have no further obligation one to the other, or (b) City may waive any such defects and consummate this Agreement with such uncured objections being deemed additional Permitted Exceptions. 3. On or before ten (10) days after the Effective Date of this Agreement, the City at its expense shall obtain a current commitment for title insurance hereinafter called the “City Title Commitment” for the City Property for the issuance of an Owner’s Policy of Title Insurance from the Title Company, together with legible copies of all documents constituting exceptions to title as reflected in the City Title Commitment. 4. Nelms-Greb shall have a period of ten (10) days following the receipt of the City Title Commitment, and legible copies of title exception documents to review such items and to deliver to City in writing such objections as Nelms-Greb may have to anything set forth in the City Title Commitment. Any items to which Nelms-Greb does not object within the ten (10) day period shall be deemed to be “Permitted Exceptions.” in the event Nelms-Greb timely objects to any matter in the City Title Commitment, the City shall have the right, but not the obligation, for a period of thirty (30) days to cure any such matters objected to by Nelms-Greb, to Nelms-Greb’s 3 DocuSign Envelope ID: 3959DC08-3B7CJID35-8009dj04954BA8F8D satisfaction. Should the City fail to cure such matters to the satisfaction of Nelms-Greb, Nelms- Gmb in its sole discretion, by a written notice to the City within (10) days following the expiration of the thirty (30) day period either (a) terminate this Agreement and the parties hereto shall have no further obligation one to the other, or (b) Nelms-Greb may waive any such defects and consummate this Agreement with such uncured objections being deemed additional Permitted Exceptions. 5 . Should either Nelms-Greb or the City choose to obtain a title insurance policy for the tracts to be conveyed herein, either shall do so at its own expense. C. CLOSING 1. The closing shall be held at the office of the Title Company on or before April 30th, 2021, or within ten (10) days after the title cure period provided above, whichever occurs first, or at such time, date, and place as Nelms-Greb and City may mutually agree upon (which is herein referred to as the "Closing"). 2. At Closing, Nelms-Greb shall deliver the Project Property Interests to the City and the City shall deliver the Total Compensation to Nelms-Greb. 3 Nelms-Greb and the City agree to pay closing costs as outlined below: a. Nelms-Greb and the City will bear the cost of their respective expenses other than those outlined herein and directly incurred by each, including their own attorney’s fees, if any. b. The Escrow Fees, Document Preparation Fees, and other typical related fees charged by the Title Company to complete this transaction will be paid by the City of Denton. c. Ad valorem taxes relating to the Project Property Interests for the calendar year in which the Closing shall occur shall be prorated and submitted by Nelms-Greb to the Denton County Tax Assessor as of the Closing Date. Ad valorem tax for the calendar year in which the Closing shall occur shall be tendered under Texas Property Tax Code Section 26. //. If the actual amount of taxes for the calendar year in which the Closing shall occur is not known as of the Closing Date, the proration at Closing shall be based on the amount of taxes due and payable with respect to the Project Property Interests for the preceding calendar year. Nelms-Greb shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to the date of Closing) and the City shall pay for those taxes attributable to the period of time commencing with the Closing Date. DocuSlgn Envelope ID: 3959DC08-3B7C-+D35-8009't04954BA8F8D D. REAL ESTATE COMMISSION Nelms-Greb and the City represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummation of this Agreement. E. BREACH 1. Nelms-Greb Defaults. Nelms-Greb is in default under this Agreement on the occurrence of any one or more of the following events: Any of Nelms-Greb’s warranties or representations contained in this Agreement are untrue on the Closing Date; or Nelms-Greb fails to meet, comply with, or perform any covenant, agreement, condition precedent or obligation on Nelms-Greb’s part required within the time limits and in the manner required in this Agreement; or Nelms-Greb fails to deliver at Closing the items specified above for any reason other than a default of the City or termination of this Agreement by the City pursuant to the terms hereof prior to Closing. a b C 2. City’s Remedies. If Nelms-Greb is in default under this Agreement, the City as City’s remedies for the default, may, at City’s sole option, do any of the following: a. Terminate this Agreement by written notice delivered to Nelms-Greb in which the parties hereto shall have no further obligation one to the other; or b. Enforce specific performance of this Agreement in accordance with its terms. 3. City’s Default. The City is in default under this Agreement on the occurrence of any one or more of the following events: Any of the City’s warranties or representations contained in this Agreement are untrue on the Closing Date; or the City fails to meet, comply with, or perform any covenant, agreement, condition precedent or obligation on the City’s part required within the time limits and in the manner required in this Agreement; or the City fails to deliver at Closing the items specified above for any reason other a b C than a default of Nelms-Greb or termination of this Agreement by Nelms-Greb pursuant to the terms hereof prior to Closing. 4. Nelms-Greb’s Remedy. If the City is in default under this Agreement, Nelms-Greb as Nelms-Greb’s remedies for the default, may, at Nelms-Greb’s sole option, do any of the following: Terminate this Agreement by written notice delivered to the City in which the parties hereto shall have no further obligation one to the other; or Enforce specific performance of this Agreement in accordance with its terms. F. MISCELLANEOUS 1. Assigpment of Agreement. This Agreement may not be assigned by a party without the 5 DocuSign Envelope ID: 3959DC08-3B7CztD35-8009404954BA8F8D written consent of the other party. 2. Electric Easement Abandonment. Post-Closing, and at such time that the City’s electric facilities are removed from the City Tract the City shall include the Brammer Easement, as it relates to the Nelms-Greb Land, and the Reserved Electric Utility Easement Tract 2 in any easement abandonment initiative brought about involving the Haggard Easement, at no cost or participation requirement by Nelms-Greb. 3. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 4. Sole Agreement. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter herein. 5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by overnight delivery service or by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Nelms-Greb or City, as the case may be, at the address set forth below. To Nelms-Greb: Richard Gmb & Nancy Greb 801 Cresthill Lane Davey, Nebraska 68336 Kevin Nelms Field Tech Avionics 2200 N.E. Loop 820 Fort Worth, Texas 76106 To City: DeAnna Cody, Deputy Director City of Denton - Real Estate 401 North Elm Street Denton, Texas 76201-4137 Deputy City Attorney, Real Estate City of Denton 215 E. McKinney Denton, Texas 76201 6. Texas Law to Apply. This Agreement is being executed and delivered and is intended to be performed in the State of Texas. The laws of Texas governing the validity, construction, enforcement, and interpretation of this Agreement shall apply. THIS AGREEMENT IS PERFORMABLE DV, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECT HERETO SnALL LIE N, DENTON COUNTY, TEXAS. 7. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6 DocuSign Envelope ID: 3959DC08-3B7C2ID35-8009JI04954BA8F8D 8. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein 9. Time of Essence. Time is of the essence in this Agreement. 10. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, each party advises the other that it should obtain a policy of title insurance or have the abstract covering the property examined by an attorney of its own selection. 12. Effective Date. The term “Effective Date” means the latter of the dates on which this Agreement is signed by either Nelms-Greb or the City, as indicated by their signature below. If the last party to execute this Agreement fails to complete the date of execution below that party’s signature, the date the Title Company acknowledges receipt of a copy of this fully executed Agreement is the Effective Date. 13. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 14. Agreement as Offer. The execution of this Agreement by Nelms-Greb constitutes an offer to consummate the terms of this Agreement contemplated above. Unless within thirty (30) days after the date of execution of this Agreement by Nelms-Greb, this Agreement is accepted by the City by signing the offer and delivering a fully executed copy to Nelms-Greb, the offer of this Agreement will be deemed automatically withdrawn. IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Docu Signed by: MIAS Kevin Nelms Dr 6rLb Richard Greb DIx;uSlgnU by: Date: 4/7/2021 Date : 4/6/2021 Date: 4/6/2021 Nancy Greb 7 DocuSign Envelope ID: 3959DC08-3B7CJ+D35-80094C)4954BA8F8D D,t„ -11131 aoa \ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED As to financial and operational Obligations and business terms. ROSA RIOS, CITY SECRETARY B III(r : dZ 112p 'DocuS+grnd by: I bA„,A bob ,05ABE3a5840491 DeAnn%/799&2peputy Dir”t'r R''1 Est't,Date: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY bIll 111111 '“ W" hat?% DocuSign Envelope ID= 3959DC0&3B7C4D3$400$404954BA8F8D TITLE COMPANY ACCEPTANCE AND ACKNOWLEDGEMENT By its execution below, the Title C9mpany acknowledges receipt of the fully executed ::::Pl?11:1::tl::: III i!:=1:dy : 1L1bIL M s r 11111rIL d P r o visions of = : If:itS ::nlfiEd : pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY : Name: Address: Title Resources 525 S. Loop 288, Suite 125 Denton, Texas 76205 Telephone: 940-381-1006 Prinm Title It+ DocuSign Envelope ID: 3959DC08-3B7C=tD35-8009404954BA8F8D ATTACHMENT 1 to Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON. YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURiTY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Kevin INelms, Richard (;reb and wife, Nancy (;reb, (hereinafter collectively referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by the City of Denton, a Texas home-rule municipal corporation (hereinafter referred to as “Grantee“), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 2.960 acres of land more particularly described in Exhibit “A“ and depicted in Exhibit “B”, both attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the “Property“). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may be produced from the Property. However, such reservation does not include any right to ingress or egress to the property by Grantor, its successors and/or assigns, or the right to use any portion of the surface of the property to develop or produce the reserved estate. DocuSign Envelope ID: 3959DC08-3B7C2ID35-8009Jj04954BA8F8D TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in an)'wise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the reserved minerals. SIGNED this day of , 2021. Kevin Nelms Richard (}reb Nancy Greb ACKNOWLEDGMENT STATE OF § § §COUNTY OF This instrument was acknowledged before me this 2021, by Kevin Nelms. day of Notary Public, State of Print Name : My commission expires: ACKNOWLEDGMENT STATE OF § § §COUNTY OF This instrument was acknowledged before me this 2021, by Richard Greb. day of Notary Public, State of Print Name: My commission expires: DocuSign Envelope ID: 3959DC08-3B7CJID35-8009-£104954BA8F8D ACKNOWLEDGMENT STATE OF § § §COUNTY OF This instrument was acknowledged before me this , 202 1, by Nancy Gmb. day of Notary Public, State of Print Name : My commission expires: After Recording, Return to: City of Denton - Real Estate ANn: DeAnna Cody 401 North Elm Street Denton, Texas 76201-4137 Send Tax Billing Statements To: The City of Denton Ann: Finance Department 215 East McKinney Street Denton, Texas 76201 DocuSign Envelope ID: 3959DC08-3B7CJID35-8009-+04954BA8F8D ARTHUR LAND SURVEYING EXHIBIT “A” 2.960 Acres Parcel PI-ROW-1 David Hough Survey, Abstract No. 646 City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of that certain tract of land described by deed to Kevin Nelms, Richard Greb and wife, Nancy <;reb, recorded under Instrument Number 2017-8 1759, Official Public Records, Denton County, Texas (O.P.R.D.C. T.), and being a part of that certain tract of land described by deed to Kevin Nelms, recorded in Volume 3432, Page 9 it , Deed Records, Denton County, Texas (D.R.D.C.T.), and being a part of that certain tract of land described by deed to Richard A. enb and Nancy A. Greb, recorded under Instrument Number 2006- 100770, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod with cap stamped “Cotton Surveying” found for comer being the northeast corner of Lot I R, Black F of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records of Denton County, Texas (P.R,D.C.T.), same point being in the south line of a tract of land described by deed to the City of Denton. recorded under Instrument number 2014-28+36, O.P.R.D.C.T.; THENCE South 88 degrees 01 minutes 2 1 seconds West, with the north line of said Providence Place II addition, a distance of 437.09 feet to a 1/2 inch iron rod with yellow cap stamped " ARTHUR SURVEYING COMPANY" (ASC) set for the POINT OF BEGINNING of the herein described tract; THENCE South 88 degrees 01 minutes 2 1 seconds West, continuing on with the north line of said Providence Place II addition, a distance of 208.83 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for corner being in the north line of a tract of land described by deed to the City of Denton, recorded under Instrument Number 20 15- 34890, O.P,R.D.C.T., same being the beginning of a non-tangent curve to the right, having a radius of 1080.00 feet; THENCE over and across said Nelms and Greb tracts (Vol. 3432, Pg. 91 1, Instr. No. 2006-100770 and Instr. No. 20 17-8 1 759), with said curve to the right, through a central angle of 07 degrees 09 minutes 22 seconds, whose chord bears North 37 degrees 54 minutes 10 seconds East at 134.80 feet, an arc length of 134.89 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for corner; THENCE North 41 degrees 28 minutes 5 1 seconds East, a distance of 228.55 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for the beginning of a curve to the left, having a radius of 920.00 feet; THENCE with said curve to the left, through a central angle of 38 degrees 36 minutes 1 7 seconds, whose chord bears North 22 degrees 10 minutes 42 seconds East at 608.22 feet, an arc length of 619.88 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for corner; THENCE North 02 degrees 52 minutes 33 seconds East, a distance of 12.14 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for the beginning of a non-tangent curve to the left, having a radius of 800.00 feet; THENCE with said curve to the left, through a central angle of 18 degrees 08 minutes 33 seconds, whose chord bears South 06 degrees 1 1 minutes 45 seconds East at 252.26 feet, an arc length of 253.32 feet to a 1/2 inch iron rod with yellow cap stamped “ASC" set for corner; THENCE South IS degrees 16 minutes 02 seconds East, a distance of 411 .47 feet to a 1/2 inch iron rod with yellow cap stamped “ASC" set for corner; (continued) Mayhill Road Project AG930191 1 108 I DocuSign Envelope ID: 3959DC08-3B7C4D35-8009404954BA8F8D ARTHUR LAND SURVEYING THENCE South 02 degrees 12 minutes 08 seconds West, a distance of 33.09 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for the beginning of a non-tangent curve to the left, having a radius of 350.00 feet; THENCE with said curve to the left, through a central angle of 30 degrees 03 minutes 00 seconds, whose chord bears North 43 degrees S2 minutes 26 seconds West at 181 .47 feet, an arc length of 1 83.57 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for corner; THENCE South 75 degrees 58 minutes 48 seconds West, a distance of 23.98 feet to a 1/2 inch iron rod with yellow cap stamped “ASC" set for the beginning of a non-tangent curve to the right, having a radius of 1080.00 feet; THENCE with said curve to the right, through a central angle of 08 degrees 22 minutes 17 seconds, whose chord bears South 37 degrees 17 minutes 29 seconds West at 1 57.80 feet, an arc length of 157.94 to a 1/2 inch iron rod with yellow cap stamped “ASC" set for corner; THENCE South 41 degrees 28 minutes 5 1 seconds West, a distance of 219.45 feet to the POINT OF BEGINNING and containing 2.960 acres of land. OF Tf:{{ Mayhill Road Project A0930 191 1108 DocuSign Envelope ID: 3959DC08-3B7C-+D35-8009Jt04954BA8F8D g !!! II.RS. B '/ / // IN A Notes: I,R.F.C. = 5/8" Iron RtU Found with cap stamped "Cotton Surveying". I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company". This Exhibit was prepared without the benefit of a current title search. therefore no search of recorded e • •\ \ easements was performed on subject SCALE: 1"= 200' Bearings shown hereon based on the City ofDenton GIS Net\york. e proWrty. All improvements not shown hereon. David Hough Gas Ea8enwrtNu 2tXB-WIS vI\HBLna '\ ;;i/, b.96. Parc: ( 128,930 City ol Dentonira Remainder Tract- Instr. No. aol 4–26436 (naalnder)36329 Acres it.siiKeN a) Kevin Nehru et al Volume 3432, Page OII(nmakBar) & Richard A Gmb & Nancy I GmbIrr3tr. No. sq.Vdum;T6igWEi:' 436 City of Denton-Ulrnieipal Use Tract ifhutr. No. 2014–26436 C4 I eSSO Acres (671): q & I City of lknton Instr. No. 2014–28435 (remaInder) //**XKevin Nehru et al %huuoW.P Ii IILa a City of Denton Use Tract #2-Instr. No. 2014–26436CJ I.R.F.C (C.M_) • S88.O1'21"W 4S_62'I.R.S haBIB.i( Ni ) r- F. C.IF Bn•I A I Point of of Denton IDstl ho. 2015–34880 '*\_b\ Robert P. Donnelly Volume 3384, Page 905 (remaInder} Point of IR, Block F Providence Place II Cabinet X= Page 805 • Donnelly Addition Cabinet O, Page 77 S02' 12'08„ W ’5'58@\ CURVE TABLEA -cmDelta 07'09'22 E 134.80/mms ®i6'11’45"E 252.26‘wiRing??i-wmRiIBTSMI iiI KM S37' 1 7'29"1 57m EXHIBIT '’B’' Mayhill Road ProjectPhase 2 2.960 Acre Parcel Pl –ROW–1 David Hough Survey,Abstract Number 646 CityDenton of Denton, County, Texas– 2019 - 220 Elm St.. # 200 - Lew'isville. TX 75057 Ph 973.221.9439 . TFRN# I(X3638(XI anhursun’eying com Established 1986 DocuSign Envelope ID: 3959DC08-3B7C4D35-8009dt04954BA8F8D City Project: Mayhill Road and Flood Control City Project Number: 350462402 Parcel Number: Pl-ROW-2 ATTACHMENT 2 to Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Kevin Nelms, Richard (;reb and wife, Nancy Greb, (hereinafter collectively referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by the City of Denton, a Texas home-rule municipal corporation (hereinafter referred to as “Grantee”), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 1.550 acres of land more particularly described in Exhibit “A“ and depicted in Exhibit “B”, both attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the “Property“). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may be produced from the Property. However, such reservation does not include any right to ingress or egress to the property by Grantor, its successors and/or assigns, or the right to use any portion of the surface of the property to develop or produce the reserved estate. DocuSign Envelope ID: 3959DC08-3B7CdID35-8009Jj04954BA8F8D TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the reserved minerals. SIGNED this day of , 2021. Kevin Nelms Richard Greb Nancy Greb ACKNOWLEDGMENT STATE OF § § §COUNTY OF This instrument was acknowledged before me this 2021, by Kevin Nelms. day of Notary Public, State of Print Name: My commission expires: ACKNOWLEDGMENT STATE OF § § §COUNTY OF This instrument was acknowledged before me this 202 1, by Richard Gmb. day of Notary Public, State of Print Name: My commission expires: DocuSign Envelope ID: 3959DC08-3B7C4D35-8009-404954BA8F8D ACKNOWLEDGMENT STATE OF § § §COUNTY OF This instrument was acknowledged before me this 202 1, by Nancy Oreb. day of Notary Public, State of Print Name : My commission expires: After Recording, Return to: City of Denton - Real Estate ANn: DeAnna Cody 401 North Elm Street Denton, Texas 76201-4137 Send Tax Billing Statements To: The City of Denton Attn: Finance Department 215 East McKinney Street Denton, Texas 76201 DocuSign Envelope ID: 3959DC08-3B7CJID35-8009dj04954BA8F8D EXHIBIT '’A" 1.550 Acre Parcel David Hough Survey, Abstract Number 646 City of Denton, Denton County, Texas BEING a 1.550 acre tract of land situated in the David Hough Survey, Abstract No. 646, in the City of Denton, Denton County, Texas, and being part of that same tract of land described by Special Warranty Deed to Richard Gmb and Nancy Gmb, as recorded in Document No. 2006-100770, of the Real Property Records of Denton County, Texas (R.P.R.D.C. T.), and being more particularly described as follows (Bearings are based on the City of Denton GIS Network) : COMMENCING at a 5/8 inch mbar with a cap stamped "Cotton Surveying" found for the Northeast corner of Lot IR, Block F of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records of Denton County, Texas (P.R.D.C. T.), said point lying on the South line of a tract of land described as "Municipal Use Tract #2" in Warranty Deed to the City of Denton, as recorded in Instrument No 2014-26436, Official Public Records of Denton County, Texas (O.P.R.D.C. T.) and on the West right-of-way line of Mayhill Road (variable width right-of-way); THENCE South 88 Degrees 01 Minutes 21 Seconds West, departing the West right-of-way line of said Mayhill Road, with the North line of said Providence Place 11 addition, a distance of 52.70 feet to a 1/2 inch rebar with a cap stamped '’Windrose'’ set for corner, said point being the Southeast corner and POINT OF BEGINNING of the herein described property; THENCE South 88 Degrees 01 Minutes 21 Seconds West, continuing with the North line of said Providence Place II addition, a distance of 384.39 feet to a 1/2 inch mbar with a cap stamped '’Windrose" set for the Southwest corner of the herein described property; THENCE North 41 Degrees 28 Minutes 51 Seconds East, departing the North line of said Providence Place II addition, over, across, and upon said Greb tract, a distance of 219.45 feet to a 1/2 inch rebar with a cap stamped "Windrose'’ set for corner, said point being the beginning of a tangent curve to the left, having a central angle of 08 Degrees 22 Minutes 17 Seconds, a radius of 1080.00 feet, and a chord bearing and distance of North 37 Degrees 17 Minutes 29 Seconds East, 157.80 feet; THENCE, in a northerly direction, continuing through said Gmb tract, and along said tangent curve to the left, an arc length of 157.94 feet to a 1/2 inch rebar with a cap stamped ’'Windrose'’ set for corner; THENCE North 75 Degrees 58 Minutes 48 Seconds East, continuing through said Greb tract, a distance of 23.98 feet to a 1/2 inch rebar with a cap stamped ’'Windrose'’ set for corner, said point being the northernmost corner of the herein described property and lying on the North line of said Gmb tract, and on a South line of a tract of land described in Special Warranty Deed to Kevin Nelms, et al, as recorded in Instrument No. 2017-81759, O.P.R.D.C.T., said point being the beginning of a non-tangent curve to the right, having a central angle of 30 Degrees 03 Minutes 00 Seconds, a radius of 350.00 feet, and a chord bearing and distance of South 43 Degrees 52 Minutes 26 Seconds East, 181.47 feet; THENCE, in a southeasterly direction, departing the South line of said Nelms, et al tract, over, across, and upon said Greb tract, and along said non-tangent curve to the right, an arc length of 183.57 feet to a 1/2 inch rebar with a cap stamped '’Windrose'’ set for corner, said point being the Northeast corner of the herein described property and lying on the West line of said City of Denton tract; THENCE South 02 Degrees 12 Minutes 08 Seconds West, with the West line of said City of Denton tract, a distance of 151.79 feet to the POINT OF BEGINNING and containing 67,532 square feet or 1.550 acres of land, more or less. WINbROSE LAND SURVEYING I PLATTING 220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM DRAWN BY: E.R. DATE: 08/17/2020 JOB NO: D56128-112300Page 1 of 2 V:\EngIneering\Fre ese&Nichols\Mayhill\NEW Raw Docs-2019\A09030191 1108.dw g DocuSign Envelope ID: 3959DC08-3B7C4D35-8009404954BA8F8D EXHIBIT ’'B"I1.550 David Hough Survey, City of Denton, Denton Acre Abstract Parcel Number Texas 646 N ICounty, I \~\ 5 !!! 33 Notes: I.R.F.C. = 5/8" Iron Rod Found with•'\..I\., cap stamped "Cotton Surveying". I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Windrose". \\ SCALE:1" = 200' l Bearings shown hereon based on the City of Denton GIS Network. ''\\,/1\'~\l ;Cf r=*‘ IDavid 15" GAS EASEMENTINSTR. NO. 2006–34815 \'CITY OF DmiIDN ”aASTmN RKUAntDm TRAcr’ WSTR NO. 2014-28436 (RFHATNDm) 36.329 Acres (1,582,500 sq ft) nYU NUM BT. ALVOLUME 3432. PAGE 911 (RnIABIDIR)& RICHARD A GERD & NANCY A GREB DtSTR NO. 2008–100770 mCHABD X ORa & XANaY & GM nisIR HO. 2008–loa770 B ;O' BRAZOS ELECTRICPOWER EASEMENT VOLUME 1636. PAGE 436 1.R.S C 1. I.R.S T3' CITY OF DHITDN -WNICIPAL USE TRACT #1-DISIR NO. 2014–28438 I.R.S C:cnr OF DENTON ,DtSIR NO. 2014–26435 (RFHABiDm) 1.550 Acres (67,532 sq. R.) _]UCllUHD A GM & L3BABar L GaRB nMR DJ NO. 2008-100770 OUR on I.R.S=•nln riIR.s CITY OF DnRTDN ,-WNICPAL USE TRACT #2-DISTR NO. 2014–26436 I.d.F.cI.R.F.C (C.M-)S88'O1'21"W 1354.45'Tl MmaIM 52.70' 1 .57'54"W- 49.89' (C-M.) rs 128IBIllli li::FI Commencment gBcrry O? Dr:Nrl>N INSTR. NO. 2015-34890 Byjq1aTJTf!-InT IR BIOCK FPROVD©ICE PLACE n CABDIET X PAGE 906 Hill!1IliI Beginning \nannPr BnfIHurl_T_v VOLUUB 3384. PAGE 005 (REMAWDHR) MARK N, PEEPLES -DONNEILY ADDITION CABniET O. PAGE 77 6 6443 CURVE TABLE Chord LINE TABLE WINbROSE LAND SURVEYING I PLATTING 220 ELM STREET, SUITE 200 1 LEWISVILLE. TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM Page 2 of 2 DRAWN BY: E.R. DATE: 08/17/2020 JOB NO: 056128-112300 3MEqHw]EagITl Tn DocuSign Envelope ID: 3959DC08-3B7C'+D35-8009404954BA8F8D City Project: Mayhill Road and Flood Control City Project Number: 350462402 Parcel Number: Pl-DE-1 ATTACH IENT 3 to Agreement NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. DRAINAGE EASEMENT STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Kevin Nelms, Richard (;reb and wife, Nancy (;reb, (hereinafter collectively referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars (510.00) and other good and valuable consideration to it in hand paid by the City of Denton, a Texas home-rule municipal corporation (hereinafter referred to as “Grantee“), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, a 0.029 acre perpetual drainage easement in, along, over, upon, under and across the following described property (the “Property”), owned by Grantor, and situated in Denton County, Texas, located in the David Hough Survey, Abstract No. 646, Denton County, Texas, to wit: PROPERTY AREA DESCRIBED IN EXHIBIT “A” AND DEPICTED IN EXHIBIT “B”. BOTH ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, and related drainage facilities and appurtenances, including without limitation, the right to overflow the Property, in, along, over, upon, under and across said Property. The rights granted herein shall further include, without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, over, upon, under and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making of additions to, improvements on and repairs to said facilities and/or drainage features or grade, or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed DocuSign Envelope ID: 3959DC08-3B7CdID35-8009dj04954BA8F8D or placed in, along, over, upon, under or across the Property by Grantor. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of- way 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property nor may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor’s Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee’s rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the Property above described. SIGNED this day of . 2021 Kevin Nelms Richard Greb Nancy Greb DocuSign Envelope ID: 3959DC08-3B7C4D35-8009-404954BA8F8D ACKNOWLEDGMENT STATE OF COUNTY OF § § § This instrument was acknowledged before me this , 2021, by Kevin Nelms. day of Notary Public, State of Print Name: My commission expires: ACKNOWLEDGMENT STATE OF COUNTY OF § § § This instrument was acknowledged before me this 2021, by Richard Gmb. day of Notary Public, State of Print Name: My commission expires: ACKNOWLEDGMENT STATE OF COUNTY OF § § § This instrument was acknowledged before me this 202 1, by Nancy Greb. day of Notary Public, State of Print Name : My commission expires: After Recording, Return to: City of Denton - Real Estate ANn: DeAnna Cody 401 North Elm Street Denton, Texas 76201-4137 DocuSign Envelope ID: 3959DC08-3B7CJID35-8009Jt04954BA8F8D ARTHUR LAND SURVEYING EXHIBIT “ A” DRAINAGE EASEMENT Pl-DE- I 0.029 Acre David Hough Survey, Abstract No. 646 City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number O+6, City of Denton, Denton County. Texas. and being part of that certain tract of land described by deed to Kevin Nelms, Richard Oreb and wife, Nancy Gmb, recorded under Instrument Number 20 17-81759. Official Public Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod with cap stamped “Cotton Surveying” found for comer being the northeast corner of Lot IR, Block F of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records of Denton County, Texas (P.R.D.C.T.), same point being in the south line of a tract of land described by deed to the City of Denton, recorded under Instrument number 2014-2 M36, O.P.R.D.C.T.; THENCE South 88 degrees 01 minutes 21 seconds West, with the north line of said Providence Place II addition, a distance of 645.92 feet to a 1/2 inch iron rod with yellow cap stamped “Arthur Surveying Company" set for corner being in the south line of said Nelms and Gnb tract and the north line of a tract of land described by deed to the City of Denton, recorded under Instrument Number 2015-34890, O.P.R.D.C. T., same point being the beginning of a non- tangent curve to the right, having a radius of 1080.00 feet; THENCE over and across said Nelms and Gmb tract and with said curve to the right, through a central angle of 06 degrees 47 minutes 50 seconds, whose chord bears North 37 degrees 43 minutes 24 seconds East at 128.05 feet. an arc length of 128.12 feet to the POINT OF BEGINNING; THENCE North 48 degrees 3 1 minutes 09 seconds West. over and across said Nelms and Greb tract, a distance of 25.00 feet to a point for comer being the beginning of a non-tangent curve to the right, having a radius of 1 105.00 feet THENCE over and across said Nelms and Greb tract and with said curve to the right, through a centTal angle of 00 degrees 2 1 minutes 03 seconds, whose chord bears North 41 degrees 18 minutes 1 9 seconds East at 6.77 feet, an arc length of 6.77 feet to a point for corner; THENCE North 41 degrees 28 minutes 5 1 seconds East, over and across said Nelms and Greb tract, a distance of 43.24 feet to a point for corner; THENCE South 48 degrees 3 1 minutes 09 seconds East, over and across said Nelms and Gmb tTact, a distance of 25.00 feet to a point for corner; THENCE South 41 degrees 28 minutes 5 1 seconds West, over and across said Nelms and Greg tract, a distance of 43.24 feet to the beginning of a curve to the left, having a radius of 1 080.00 feet; THENCE over and across said Nelms and Greb tract and with said curve to the left, through degrees 2 1 minutes 32 seconds, whose chord bears South 41 degrees 18 minutes 05 seconds length of 6.77 feet to the POINT OF BEGINNING and containing 0.029 acre of land. Mayhill Road Project A0930 191 1 108-Drainage Frsement DocuSign Envelope ID: 3959DC08-3B7C4D35-8009404954BA8F8D [N A 0 Notes: • I.R.F.C. = 5/8" Iron Rd Found with cap stamped "Cotton Surveying". • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped -Arthur Surveying Company". • This Exhibit was prep&ed without the tnnefit ofa current title search, therefore no search of recorded e©ements wn performed on subject pr'Wty. All improvements not shown henan.• 100 SO SC:ATIF= 1 n = 1(Xy Bwin8s £howa bcrwn based on the City of Denton GIS Network\ \ \ / Kevin Nebxrs et al Volume 3432, Page 911(Nnabar) City ot Denton I i=!. 11;IEm- ) Point of Beginning 15' Goa 15tr. Na 588' Of' 2t"W 645.92' hE IR, Black F Providence Place II Cabinet X Page 905 Dann,ny AdditIon Cabinet OB Page 77 Point of Commencement a I.R.F.C. (C.M.) Robert P. lbnnelly Volume 3384, P8£e $05 (renatnderJ Robert P. Donnelly Volume 3384, P aRe 905 (remainderJ I I\\ \\ \\ Chord N37'43'14' iLmI c2 1 1105:oo’6.77'0)6.77' Hal rIBMEN6.77'6.77' CURVE TABLE EXHIBIT "B’' Mayhill Road ProjectPhase 2 Drainage Easement PI –DE–10.029 Acre David Hough Survey,Abstract Number 646 City of Denton, Denton County, Texas 220 Elm St., # :67:iliam-mf Ph 972.221.9439 . TFRN# 10063800 anhwsuweying.com Established 1986 EW ROW t>mFa)19\ACHa)191 1 IIB.dug NOTICE OF CONFIDENTIALITY RIGHTS : IF YOU ARE A NATURAI 1 PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT the City of Denton, a Texas home-rule municipal corporation, (hereinafter referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by Kevin Nelms, Richard (;reb and wife, Nancy Greb (hereinafter collectively referred to as “Grantee”), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 3.457 acre of land more particularly described in Exhibit “A“ and depicted in Exhibit “B”, both attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, (all of which foregoing are collectively referred to as the “Property”), reserving unto Grantor the electric utility easement (the “Easement”) in, along, upon, under, over, and across those portions of the Property as described and depicted on Exhibit “C” (“Reserved Electric Utility Easement – Tract 1“) and on Exhibit “D” (Reserved Electric Utility Easement – Tract 2”), both attached hereto and made a part hereof (the “Easement Property”). The Easement is reserved for the following purposes : Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining electric utilities, and related electric utility facilities and appurtenances, in, along, upon, under, over, and across said Easement Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress, and regress, at all times in, along, upon, under, over, and across the Easement Property to Grantor herein, its agents, employees, contractors, workmen, and representatives, for the purposes set forth herein, including without limitation, the making of additions to, improvements on and repairs to said facilities or any part thereof. This reserved Easement is subject to the following covenants and restrictions: 1. Structures. No buildings, structures, signs, facilities, improvements, or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed, or placed in, along, upon, under, over, or across the Easement Property by Grantee. Further, Grantee stipulates and acknowledges that the Grantor, in consideration of the restrictions above set out may remove from the Easement Property, such buildings, structures, signs, facilities, improvements, and other obstructions as may now or hereafter be found upon said Easement Property and dispose of any such buildings, structures, signs, facilities, improvements, or obstructions in any manner it deems appropriate without liability to Grantor. 2. Access. For the purpose of exercising and enjoying the Easement rights reserved granted herein, the Grantor shall have access to the Easement Property by way of existing public property or right-of-way. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Easement Property nor may encroach upon the Easement Property. Grantor may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Easement Property without liability to Grantor. 4. Grantee’s Rights. Grantee shall have the right, subject to the covenants and restrictions contained herein, to make use of the Easement Property for any purpose that does not interfere with the Grantor’s rights retained herein for the purposes reserved. 5. Successors and Assigns. This, Easement reservation and the covenants and restrictions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors, and assigns. Exceptions, Exclusions, Disclaimers and Acknowledgments. Exceptions to conveyance and warranty (the “Exceptions“): 1. 2 3. 4. rights of the public in streets, alleys, rights-of-ways and highways adjacent to or adjoining the Property, if any; zoning and building laws, ordinances, resolutions, and regulations; real estate taxes and assessments for public improvements which are not delinquent and not yet due and payable; and covenants and other matters filed in the Real Property Records of Denton County, Texas. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject, however to the reserved Easement. ., Apr,\. 2021. GRANTOR CITY OF DENTON nb a Wa GRANTEE "111 ' GRANTEE Kevin Nelms Richard Greb GRANTEE Nancy Greb ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § $ Thi, k,.,t,„m,„t w„ „k„,wl,dg,d b,f„, m, thi, 1 3 Wd,y ,f AFf \ \ , 202 1, by Sara Hensleymim City Manager, City of Denton. F=:,IR:It::ic’ P:Fr TY::ase:chaCcb My commission expires:WMa ATTEST: CiTY SEI LY CIT -ONBY/; ACKNOWLEDGMENT STATE OF COUNTY OF § § § This instrument was acknowledged before me this , 202 1, by Kevin Nelms. day of Notary Public, State of Print Name : My commission expires : ACKNOWLEDGMENT STATE OF COUNTY OF § § § This instrument was acknowledged before me this , 2021, by Richard Gmb. day of Notary Public, State of Print Name : My commission expires: ACKNOWLEDGMENT STATE OF COUNTY OF § § § This instrument was acknowledged before me this , 2021, by Nancy Greb. day of Notary Public, State of Print Name : My commission expires: After Recording, Return to: Kevin Nelms Field Tech Avionics 2200 N.E. Loop 820 Fort Worth, Texas 76106 rthur Surveying Co., Inc.Professiomal Land Surveyors P.O. Box 54 – Lewisville_ Texas 75067 C)f11ce: (972) 221-9439 – Fax: (972) 2214675 EXHIBIT “A” 3,457 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of Tract II as described by deed to Kevin NeLms, Recorded in Volume 3432, Page 91 1, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more paRicularly described as follows BEGINNING at a If2 inch iron rod with yellow cap stamped “Arthur Surveying Company” (ASC) set for corner being in the north line of said Nelms tract and being the northwest comer of a tract of land described by deed to the City of Denton, recorded under Instrument Number 2014-2 M35, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), same point being in the south line of a tract of land described by deed to Mason A. Haggard and wife, Wilma Hqgard, recorded in Volume 337, Page 430, D.R.D,C.T.; THENCE South 02 derees 52 minutes 33 seconds West, with the west line of said City of Denton tract, a distance of 324.8] feet to a 172 inch iron rod with yellow cap stamped “ASC” set for corner being an eII corner of said City of Denton tract; THENCE South 87 degrees 51 minutes 47 seconds West, with the north line of a Tract 1, described by deed to Kevin Nelms. recorded in Volume 3432, Page 911, D.R.D.C.T., a distance of 455.41 feet to a 1/2 inch iron rod with yellow cap stamped “ASC” set for comer being in the south line of said Haggard tract and the north line of said Nelms Tract 1; THENCE North 01 dejees 32 minutes 41 seconds East, a distance of 333.0 1 feet to a 1/2 inch iron rod with yellow cap stamped “ ASC” set for corner being the northwest comer of said Nelms Tract II; THENCE North 88 degrees 56 minutes 53 seconds East, a distance of 462.49 feet to the POINT OF BEGINNING and containing 3.457 acres of land, more or less. Cl 107131.70. Nelms2 I.R.F. '(C.M.)bN A P 8 Mason A. Haggard & wife, WHam Haggard, Vol. 337, Pg. +30 (remainder) SCALE: 1" = 200' Bearings shown henon based on the City ofDenton GIS Network Kevin Nelms Vol. 3432, Pg. 911 Tract II (nrmindu) & Richard A. (;reb & Nancy A. Greb Jnstr. No. 2006-10CY770 Tract II (rcm3indcr) ,"PK- Nail Set NOTES: • I.R.F. = 1/2" Iron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All irnprovernents not shown hereon. a (glHI 3.457 Acres ( 150,604 sq. R.)rpI gal HI 0Z > FrIIn FgS87'51'52”W 1143.06’O– - - /' - - 5/8- 1.R.F. (C.M.) S. I. R. Kevin Nelms Vol. 3432, Pg. 911 Tract I (r€rnaindcr> I \:'\ //\XRichard A. (;reb & Nancy A. Grab Instr. No. 2006-100770 Tract I (rcrn3indcr) i' Gas Easement No. 2(X36-3481 S aRI 60' Brazos ElectricPower £asirnent Volume 1 636, Page 436 W\:C';,Hq III La EXHIBIT "B'’ 3.457 Acres David Hough Survey,Abstract Number 646 City of Denton Denton County, Texas Ph. 972.221.9439 - TFRN# 10063800 Established 1986anhursurveying.com 220 Elm St., # 200 - Lewisville. TX 75057 – 2016 – EXHIBIT "C'’ RESERVED ELECTRIC UTILITY EASEMENT-TRACT 1 800 SQ. Fr. TRACT SITUATED IN THE DAVID HOUGH SURVEY ABSTRACT NO. 646 CITY OF DENTON, DENTON COUNTY, TEXAS BEING A 800 SQUARE FOOT TRACT OF LAND SITUATED IN THE DAVID HOUGH SURVEY, ABSTRACT NUMBER 646, IN THE CITY OF DENTON, DENTON COUNT( TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED TO THE CITY OF DENTON, IN SPECIAL WARRANTY’ DEED RECORDED UNDER DOCUMENT NUMBER 2017–81760, REAL PROPERTY RECORDS. DENTON couNrr, TEXAS (R.P.R.D.C. T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD83)(US FOOT) WITH A COMBINED SCALE FACTOR OF 1.000150630): BEGINNING AT A 1/2–INCH RE8AR FOUND FOR THE SOUTHEAST CORNER OF SAID CITY OF DENTON TRACT, LYING ON THE WEST RIGHT–OF–WAY UNE OF SOUTH MAYHELL ROAD ( A VARIABLE WIDTH RIGHT–OF–WAY); THENCE SOUTH 87 DEGREES 51 MiNUTES 47 SECONDS WEST, WITH THE SOUTH LINE OF SAID CITY OF DENTON TRACT AND WITH THE NORTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED TO RICHARD GREB AND NANCY GREB. IN SPECIAL WARRANFr DEED RECORDED UNDER DOCUMENT NUMBER 2006–100770, R.P.R.D.C. T., A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, SAID POINT BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, AND FROM WHICH A 1/2-INCH REB AR FOUND FOR THE SOUTHWEST CORNER OF SAID CITY OF DENTON TRACT BEARS SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST, A DISTANCE OF 415.41 FEET; THENCE NORTH 02 DEGREES 52 MINUTES 33 SECONDS EAST, DEPARTING THE NORTH LINE OF SAID GREB TRACT. OVER ACROSS AND UPON SAID CITY OF DENTON TRACT, A DISTANCE OF 20.08 FEET TO A POINT FOR CORNER. SAID POINt BEING THE NORTHWEST CORNER OF THE HEREIN DESECRIBED TRACT; THENCE NORTH 87 DEGREES 51 MINUTES 47 SECONDS EAST, OVER, ACROSS. AND UPON SAID CITY OF DENTON TRACT. A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, AND LYING IN THE WEST RIGHT–OF–WAY LINE OF SAID SOUTH MAYHILL ROAD; THENCE SOUTH 02 DEGREES 52 MINUTES 33 SECONDS WEST, WITH THE EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST RIGHT–OF–WAY UNE OF SAID SOUTH MAYHILL ROAD, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES OR LAND, MORE OR LESS PEEPLES FIELDED BY: DRAWN BY: CHECKED BY: B.H. J.C. M.N.P. DATE: REV: REV: REV: REV 03-05-2021 WINDROSE LANDSURVEYING I PLArrING JOB NO. D56668 SHEET 1 OF 2 220 ELM STREET, SUITE 200 1 LEWISVILLE, TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM 'AJFJgIH13EJT;;iyuE)gl EU U ! !! 8 gigbig :gigu 9 zig: i ! igIg B h asr g.Ii ; O ggC)e1948 QFgiga da F- bJ C/) cr) <X Lah- -Ld C/)0acaZg : cnS<b-X.Z pcg.C)>-F-Z cr) <X P >--F-ZD0C) a LLIa = fI C/) 0 g ga afb! (/)- Qca ac egES<()C)Z 8 dze; $ i 0 10 ad0a I (\10al Lil0 &0 >- < B LL0 b =() a( I ed LiLLILLI Jnoel ILi Eta S LU a( $ LU 0( S LU ac >LU ac F= OF: 1' Odd :[1: :c:C :[]; gaoc aoc V)= Q£C5 I fri cS-) n-/' > 00 CO CO CO Lf)a• • • •• $ona LU bZ C) LU = C) al LL0(\I b- LU LU : CD OLLILLI LL <LL Cr) Z•0 • F8F8F8 Fg S'on a LUa-1 LUE glqlglgE S'on Z B $a 0Z on0-) E o oa }# ; gE IZ) A OZ C) F- CO :[XLU 1=13131:1 a I„ Lt,Z£. LON –,/L , 10 '£££ EXHIBIT ''D" RESERVED ELECTRIC UTILITY EASEMENT-TRACT 2 SITUATED IN THE DAVID HOUGH SURVEY, 5,626 SQ. Fr. TRACT CITY OF DENTON, DENTON COUNTY, TEXAS ABSTRACT NO. 646 BEING A 5.626 SQUARE FOOT TRACT OF LAND SITUATED IN THE DAVID HOUGH SURVEY, ABSTRACT NUMBER 646. IN THE CITY OF DENTON. DENTON couNTr. TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED TO THE CITY OF DENTON. IN SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NUMBER 2017–81760, REAL PROPERTr RECORDS, DENTON COUNT( TEXAS (R.P.R.D.C. T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD83)(US FOOT) WITH A COMBINED SCALE FACTOR OF 1.000150630): COMMENCING AT A 1/2–INCH REBAR FOUND FOR THE SOUTHEAST CORNER OF SAID CITY OF DENTON THE WEST RIGHT–OF–WAY LINE OF SOUTH MAYHILL ROAD (A VARIABLE WIDTH RIGHT–OF–WAY); TRACT, AND LYING IN THENCE SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST, WITH THE SOUTH LINE OF SAID CITY OF DENTON TRACT AND WITH THE NORTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED TO RICHARD GREB AND NANCY GREB, IN SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NUMBER 2006–100770, R.P.R.D.C. T.. A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, SAID POINT BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, AND THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST. CONTINUING WITH THE NORTH LINE OF SAID GREB TRACT AND THE SOUTH LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 272.92 FEET TO A POINT FOR CORNER. SAID POINT BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT, AND FROM WHICH A 1/2–INCH REBAR FOUND FOR THESOUTHWEST CORNER OF SAID CITY OF DENTON TRACT BEARS SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST. A DISTANCE OF 142.49 FEET; THENCE NORTH 38 DEGREES 58 MINUTES 17 SECONDS WEST. DEPARTING THE NORTH LINE OF SAID GREB TRACT, OVER. ACROSS. AND UPON SAID CITY OF DENTON TRACT, A DISTANCE OF 24.99 FEET TO A POiNT FOR CORNER. SAID POINT BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 87 DEGREES 51 MINUTES 47 SECONDS EAST. OVER, ACROSS, AND UPON SAID CITY OF DENTON TRACT. A DISTANCE OF 289.66 FEET TO A POINT FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT THENCE SOUTH 02 DEGREES 52 MINUTES 33 SECONDS WEST, CONTINUING OVER, ACROSS. AND UPON SAID CITY OF DENTON TRACT. A DISTANCE OF 20.08 FEET TO THE POINT OF BEGINNING, AND CONTAINING 5,626 SQUARE FEET OR 0.129 ACRES OF LAND, PLUS OR MINUS. /644JRPLS /1 FIELDED BY:B.H.DATE REV: REV: REV: REV: 03-05-2021 DRAWN BY:J.C WINDROSE CHECKED BY:M.N.P,LAND SURVEYING I PLATrING JOB NO. D56668 SHEET 1 OF 2 220 ELM STREFr. SUITE 200 1 LEWISVILLE. TX 75057 1 214.217.2544 FIRM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM AgvgLlmILEErIEYUE) b #a.a–Hi 9 iiFec) III gig 85 ggtLi B Eg ;#A o zig: g g g BIgas RE B one is $ al g b & gBBg d @a < Egg gac LLIC/)0 acaZg : C/) <XLLIA >=F-Z30C) >'F-ZD0C) ZeZ LLIa C/) <X P EZD0C) E 8I El TH NIne Q: ce! ! dC8z ga Z0IZ LLIa c/ianc0C) LLIac C) --1 on3a ZeZ LLIa egES82 8 g Etal $ B 010 oga C/iaac0C) LLIac C/iaa(0C) Laac }- <-Ja >- <B LL0 h-:[() ac nJa<LLILLIone g il§l§l§ noCO BQca ac0one LOC • • • • • • QLJLLI LL <’LL C/)me2 O -6 e/)C/)<6 – – CLI Rb C) < OZh- l1Z LUE LU C/) < LU >-b F C) Fc al LU > OZ C/) 111 ac --) ULU a LU >-LU > OZ C/)3 C/) <XLUh- >=h-Z =0 C)Z0b:Z LUa r) b- on :[X LU = ! !\O-qr\O 0Z U < OZ1-cr)on < Z0IZ LUa LL0 >- I C) EgggC)LUCNIq3b-Lr;Z b g g0- , IO '£££ I„ it,af. LON a LUb- < =F-a)• •–1/L IIIIIIIIIIIIIIIIIHHIDenton CountyJuli Luke County Clerk 'VG-202.2021-73207' Instrument Number: 73207 Real Property Recordings DEED Recorded On: April 23, 2021 03:01 PM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $50.00 H"--"''' THIS PAGE IS PART OF THE INSTRUMENT H'"""" Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTYbecause of color or race is invalid and unenforceable under federal law File Information:Record and Return To: Document Number:73207 TITLE RESOURCES Receipt Number:2021 0423000786 WILL CALL Recorded DatefTime:April 23, 2021 03:01 PM User: Station: Connor B DENTON TX 76205 Station 1 STATE OF TEXAS COUNTY OF DENTON I hereby certify that thIs Instrument was FILED in the FIle Number sequona on the data/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas ’+M Juli Luke County Clerk Denton County, TX City Project: Mayhill Road and Flood Control CItY Project Number: 350462402 Parcel Number: Pl-ROW.1 lqU.qZq KP NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT TUAT 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. SPECIAL WARRANTY DEED STATE OF TEXAS i g § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Kevin Nelms, Richard (;reb and wife, Nancy (;reb, (hereinafter collectively referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by the City of Deaton, a Texas hombrule municipal corporation (hereinafter referred to as “Grantee”), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 2.960 acres of land more particularly described in Exhibit “A“ and depicted in Exhibit “B”, both attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the “Property“). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may be produced from the Property. However, such reservation does not include any right to ingress or egress to the property by Grantor, its successors and/or assigns, or the right to use any portion of the surface of the property to develop or produce the reserved estate. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appunenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grant% but not otherwise, subject to the reserved minerals. SIGNED this a day of /1 fa I L , 2021. '&&„...a &~&Kevin Nel=1 ; Nanc; Greb ACKNOWLEDGMENT STATE OF-T'e},',s g § §COUNTY OF–, \ay ra\ J- ==n,=H=Hn• T R ! it IE:]1 1rt e n t w a s a c 1bIIII][IL o \: BIT= i =n : ns: W\ day of . \d,t,=-;c:Ya . BIrT IIRrr=TESt?,fr\ Ae(r(Lk- My commission expires: B'- ;Q \ - 2025’ ACKNOWLEDGMENT STATE OF A r\aFM, g COUNTY OF Max tOOIA g This instrument was acknowledged before me this \qArM 2021, day of by Richard HAILY MORGAN Notary Public • ArIzona Kareem County Commission 1 592638 My Comm, Expires Nov 19, 2024 Mtary pnn Print Na My com]-1 ACKNOWLEDGMENT STATEOF Av\7£vXL 9 COUNTY OF Hartc,Hb g instrument was acknowledged before me this \q 202 1, by Nancy Gmb. day of HiILY MORGAN Notary Public . ArIzona MarIcopa CountyCommIssIon 1 592638 #y COmm. Exnlrts Uav 19. 2024 MCOin:gita Print Name nov IS CMy commission expI After Recording, Return to: City of Denton - Real Estate AHn: DeAnna Cody 401 North Elm Street Dentoa, Texas 762014137 Send Tax Billing Statements To: The City of Denton Ann: Finance Department 215 East McKinney Street Denton, Texas 76201 ARTHUR LAND SURVEYING EXHIBIT “A” 2.960 Acres Parcel PI-ROW-I David Hough Survey, Abstract No. 646 City of Denton, Denton County, Texas BEING all Ii\.It c,rI,liII lot. tract or parcel of land situated in the David Hough Survey. Abstract Number 646. City ot Denton, Dent,in Count) . -l'exas. and being part of that certain tract of land described by deed to Kevin Nelms. Richard Oreb alld \\ jt’e. Nancy Oreb. recorded under Instrument Number 201 7-81759, Oftlcial Pub]ic Records. Denton County. Texas (O.P.R.D.C. T.). and being a part of that certain tract of land described by deed to Kevin Nelms, recorded in Volume 3432. Page 9 11. Deed Records. Denton County, Texas ( D.R.D,C-T.), and being a paII of that certain tract of land described by deed to Richard A. (;reb and Nancy A. Greb, recorded under Instrument Number 2006- 1 00770. O.P.R.D.C.T.. and being nrore particularly described as foIIo\vs; COMMENCING at a 5/8 inch iron rod n iIb cap stamped -Cotton Surveying" found for comer being the northeast corner of L.ot I R. Block F of Providence Place II. an addition to the City of Denton. Denton County. Texas. according to the plat thereof recorded in Cabinet X. Page 905. Plat Records of Denton County. Texas (P,R.D.C-T-), same point being in the south line of a tract of land described by deed to the City of Denton. recorded under Instrument number 20 14-26436, O.P,R.D.C.T.: THENCE South 88 degrees Ot minutes 2 1 seconds West. w ich the north line of said l>ro\'idcncc Place II addition . a distance of’437.09 feet to a 1/2 inch iron rod with yellow cap stamped "J RTI 11 JR StIRI ’E iTN(; Ct)N-tPANT'- ( ASC) set for the POINT OF BEGINNING ot'thc herein described tract: THENCE South 88 degrees 01 minutes 2 1 seconds West, continuing on with the north line of said Providence Place II addition. a distance of 208.83 feet to a 1 2 inch iron rod with \cIIo\\ cap stanrped "ASC-- set for comer being in the north line of a tract of land described by deed to the City of Denton, recorded under Instrument Nunrbel' 20 1 5- 34890. o.P.R,D.C.T.. same being the beginning of a non-tangent curve to the rigttt. having a radius of 1080.00 feet: THENCE over and across said Nellns and Grcb tracts (Vol. 3+32. Pg. 91 1 . Instr. No. 2006-1 00770 and Instr. No. 20 1 7-8 1759). u ith said curve to the right. through a central angle of 07 degrees 09 lninutes 22 seconds, whose chord bears North 37 degrees 54 rninutes 10 seconds East at 134.80 feet. an arc length of 134.89 feet to a 1/2 inch iron rod with yellow cap stamped -ASC" set for corner: THENCE North 41 degrees 28 minutes 51 seconds East, a distance of 228.55 feet to a ] ,2 i11cl1 iron rod with yellow cap stamped -ASC- set for the beginning of a curve to the left. having a radius of 920.00 feet; THENCE with said curve to the left. through a central angle of 38 degrees 36 minutes 1 7 seconds, whose chord bears North 22 degrees 1 0 lrIinutes 42 seconds East at 608.22 feet, an arc length of 619.88 feeT to a 1 /2 inch iI-on rod with yellow cap stamped "ASC'’ set for corner: THENCE NorTh 02 degrees 52 minutes 33 seconds East. a distance of 1 2.14 feet to a 1 ’2 inch iron rod with } eIIot\ cap stamped "AS("' set for the beginning of a non-tangent curve to the left. having a radius of 800.00 feet: THENCE with said curve to the left, through a central angle of 1 8 degrees 08 nlinutes 33 seconds, whose chord bears South 06 degrees 1 1 minutes 45 seconds East at 2 S2.26 feet. an arc length of 253.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC•' set for corner: THENCE South 1 5 degrees 1 6 minutes 02 seconds 1:asl. a distance of-I1 ] .47 feet to a 1 ’2 inch iron rod with yellow cap stamped "ASC'’ set for corner: (ctllrl inucLl I \l:lvhill Rtlit tl l’r\,lctt A0930 191 1 1 OS ARTHUR LAND SURVEYING l-tII'iNt'L St>lllll Il: Jcul-ces 12 in inutes 08 seconds V\'est. a distance of 33.09 feet to a 1.'2 inch iron rod \\ ith yellow CIIP stanrpcd "AS("' sct for the beginning of a non-tangent curve to the left, having a radius of 350.00 feet: THENCE with said cur\ c to the left. through a central angle of 30 degrees 03 minutes 00 seconds. \those chord bears North 43 dcurces 52 nlinutes 26 seconds West at 181 .47 feet. an arc length of 183.57 feet to a 1.2 inch iron rod u'ith yellow cap starnped ''ASC" set for corner: THENCE South 75 degrees 58 tninutes 48 seconds West. a distance of 23,98 feet to a t.'2 inch iron rod with yellow cap stamped -'ASC" set for the beginning of a non-tangent curve to the right. having a radius of 1 080.00 feel: THENCE with said curve to the right. through a central angle of 08 degrees 22 minutes 1 7 seconds, whose chord bears South 37 degrees 1 7 rn jnutes 29 seconds West at 157_80 feet. an arc length of 157.9+ to a 1/2 inch iron rod with yellow cap stamped -'ASC" set for corner: THENCE South + 1 degrees 28 in illutes, 5 1 seconds West. a distance of 219,45 feet to the POINT OF BEGINNING and containing 2.960 acres of land \N \taY IliII 1 quad 1’roIcct At)930191 1 1 d8 1: ;;} tSEi IRS E I bN A Notes: • I.R,F.C. = 5/8" Iron Rod Found \vilh cap stantpcd "C't)tIon Survcying’'. I.R.S. = 1/2" Iron Rod Set \\ ith vello\\ cap stamped "Arthur Sun c) ing Company ". Fhi s Exhibit was prepared \\ ithout thc benefit of a current title search_ there fore no search of recorded euements was performed on subject propeR} e • • All impn)\’enrents noI sho\\ n heRon. '\.„ ~\., *\ \'/ ~\If 200 I 100 200i seAI.F: 1 " = 200' BearIngs shown hereon b.rsed on lhe CIty ofDonIon GIS Net \\ ark/r‘SUn•eYi David Hough IR Coe E08+n6ntNo. 2tXH- WIS / P/~\City of Denton'rn Remainder Tract- Instr No. 2014-28438 (renauder) V:\, LhJb.J 29 Acre \q: h PI hI Parcel ( 128.930 sq, ti.) a r & • \ h \ a Kevin NoUns et. al. Volume 3432, Page 811(ren•baer) 60' Braz08 ElectrIcPower Ea8em elt Volume 1636, Page 436 & Richard A C;reb & Nancy A GrebIn3tr No. 2008-100770 (nmabrrley} I.R.S g{} I R S \\RS City of Denton 'Uunicipal U8e Tract #l'Instr. No. 2014-26438 C4 I R S I.SSI) ,\tres R S.City of DentonIngtr No. 2014–28435 (Feaulndcr) RS KevIn Helms et al Volume 3432, Pale 811 (FHo+b4•r) S City of Denton Use Tract #2- No. 2014–28436ClRlclurd A Gmb & Nancy A Cab blaIr- No. 2006-10077C](r8naIEar) In9tr 1'' .(' Nt )RIC NI ) SSH ;0 1 '2 ! "W I I R Point of ComrnencmentI b1) L CIty of DentoDInstr. io. 2015–34890 Point of TABLE B1 WEi'llBnsT7iF©l=:aT] S75'’58’4 8"W \ Dnhart in nnnnnllU Volume 3384, Page 905( remainder) IR, Block F Providence Place 11 Cabinet X Page Q05 - Donnelly Addition C8binet O, Page 77 CURVE TABLE r49 ml920.OO'a 800.OO'253.32C3 1 83.57'MMI 157.94C5 38'36' 1 7"mnMnmEliRB 1 8 i .47' 57.80’mma snH OF re I .L- if EXHIBIT '’B" Mayhill Road Project Phase 2 2.960 Acre Parcel PI–ROW–1 David Hough Survey, Abstract Number 646 City of Denton, Denton County, Texas =ARTHUR LAND SURVEYI NC 2:(1 1.IIn St . - :fIa - 1 cwisvillc. I'X 7 5fi57 1ll1 97= == 1 9439 - 1'1"1{Nn 1(1(10381.XI arlhur NUr\ ,'\ inc coin I'ISt at)II shed 1981,– 2019 – 18118111111111HHgH 'VG-202-2021-73208' l IIHDenton County Juli Luke County Clerk Instrument Number: 73208 Real Property Recordings DEED Recorded On: April 23, 2021 03:01 PM Number of Pages: 6 " Examined and Charged as Follows: u Total Recording: $46.00 -'-'---'--' THIS PAGE IS PART OF THE INSTRUMENT -"-H**'-- Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Record and Return To: 73208 TITLE RESOURCES Receipt Number:2021 0423000786 WILL CALL Recorded Date/Time:April 23, 2021 03:01 PM User: Station : Connor B DENTON TX 76205 Station 1 STATE OF TEXAS COUNTY OF DENTON I hereby oenify that this Instrument was FILED in the FIa Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. i ’+Ma Juli Luke County Clerk Denton County, TX City Project: Mayhill Road and Flood Control City Projea Number: 350462402 Parcel Number: Pl-ROW.2 Ict 042'1 KP NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. SPE(,'IAL WARRANTY DEED STATE OF TEXAS g § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Kevin Nelms, Richard Greb and wife, Nancy Greb, (hereinafter collectively referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by the City of Denton, a Texas home-rule municipal corporation (hereinafter referred to as “Grantee“), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does heTeby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 1.550 acres of land more particularly described in Exhibit “A“ and depicted in Exhibit “B”, both attached hereto and made a pan hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all rights, title and interest of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the “Property”). Grantor hereby retains and reserves, for Grantor and its successors and assigns forever, all of the oil, gas and other liquid or gaseous hydrocarbons in, under, or that may be produced from the Property. However, such reservation does not include any right to ingress or egress to the property by Gmntor, its successors and/or assigns, or the right to use any portion of the surface of the property to develop or produce the reserved estate. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appunenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the reserved minerals. SIGNED this / i ' '\ day of Fr f / F ( /I i , 2021. IIL\ i Kevin Nelms ichard Gre6 mr ACKNOWLEDGMENT STATE OF l=WAS § g -gCOUNTY OF ictYrant- un•HIHlnl•IB This instrument was acknowledged before me this \5 th day of Npr '. \ , 2021, by Kevin Nekns. .X ..\4Lb.=&WJc Notary Public, $tate of TG>a,s Print Name: \\rN\yU (_\'\cl My commission expires: 3. =\. Dc'ab‘ m INACLICK NotarY PubIIc. SURe of Tens COmm. ExpIres 03-21-2025 NOt8ry ID 776012'1 ACKNOWLEDGMENT STATE OF RV \7.MK g 1C 1C) 1L[][)11 1r IbEr 1C) I?r ba 1(1rIpIIEb + if Ojl ! Thjs instrument was acknowledged before me this IL day of 2021, by Richard GRpr\ RAILY M(>RGAN Notary PubIIc . ArIzona Maricopa CountyCarnm13slon 1 592638 Wy ComIn. Expires Nov 19, 2024 Ran Ma Print Name \(\\\ My commission ex ACKNOWLEDGMENT STATE OF t\V\aor(b g COUNTY OFUOwI copa_ § This instrument was acknowledged before me this \q ADm \ , 202 1, by Nancy Greb_._ day of fC /1/II No'Mmml Print My Cl -( HAIEY MORan Notary PubIIc - Arizona Marton County Cormllsifan f 392638 MY Cc#em. expIres Nov 19p 2024 After Recording, Return to: City of Denton - Real Estate AHn: DeAnna Cody 401 North Elm Street Denton, Texas 762014137 Send Tax Billing Statements To: The City of Denton AHn: FInance Department 215 East McKinney Street Denton, Texas 76201 EXHIBIT ’'A" 1.550 Acre Parcel David Hough Survey, Abstract Number 646 City of Denton, Denton County, Texas BEING a 1.550 acre tract of land situated in the David Hough Survey, Abstract No. 646, in the City of Denton, Denton County, Texas, and being part of that same tract of land described by Special Warranty Deed to Richard enb and Nancy Greb, as recorded in Document No. 2006.100770, of the Real Property Records of Denton County, Texas (R.P.R.D,C.T.), and being more particularly described as follows (Bearings are based on the City of Denton GIS Network): COMMENCING at a 5/8 inch nt)ar with a cap stamped "Cotton Surveying" found for the Northeast comer of Lot IR, Block F of Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records of Denton County, Texas (P.R.D.C. T.), said point lying on the South line of a tract of land described as "Municipal Use Tract #2" in Warranty Deed to the City of Denton, as recorded in Instrument No. 2014-26436, Official Public Records of Denton County, Texas (O.P.R.D.C. T.) and on the West right-of-way line of Mayhill Road (variable width right-of-way); THENCE South 88 Degrees 01 Minutes 21 Seconds West, departing the West right-of.way line of said Mayhill Road, with the North line of said Providence Place II addition, a distance of 52.70 feet to a 1/2 inch rebar with a cap stamped "Windrose" set for corner, said point being the Southeast comer and POINT OF BEGINNING of the herein described property; THENCE South 88 Degrees 01 Minutes 21 Seconds West, continuing with the North line of said Providence Place 11 addition, a distance of 384.39 feet to a 1/2 inch rebar with a cap stamped ’'Windrose" set for the Southwest corner of the herein described property; THENCE North 41 Degrees 28 Minutes 51 Seconds East, departing the North line of said Providence Place II addition, over, across, and upon said (Ireb tract, a distance of 219.45 feet to a 1/2 inch rebar with a cap stamped ’'Windrose" set for corner, said point being the beginning of a tangent curve to the left, having a central angle of 08 Degrees 22 Minutes 17 Seconds, a radius of 1080.00 feet, and a chord bearing and distance of North 37 Degrees 17 Minutes 29 Seconds East, 157.80 feet; THENCE, in a northerly direction, continuing through said (Ireb tract, and along said tangent curve to the left, an arc length of 157.94 feet to a 1/2 inch rebar with a cap stamped "Windrose" set for comer; THENCE North 75 Degrees 58 Minutes 48 Seconds East, continuing through said Greb tract, a distance of 23.98 feet to a 1/2 inch rebar with a cap stamped ’'Windrose" set for corner, said point being the northernmost corner of the herein described property and lying on the North line of said Greb tract, and on a South line of a tract of land described in Special Warranty Deed to Kevin Nelms, et al, as recorded in Insuument No. 2017-81759, o.P.R.D.C.T., said point being the beginning of a non-tangent curve to the right, having a central angle of 30 Degrees 03 Minutes 00 Seconds, a radius of 350.00 feet, and a chord bearing and distance of South 43 Degrees 52 Minutes 26 Seconds East, 181.47 feet; THENCE, in a southeasterly direction, departing the South line of said Nelms, et al tract, over, across, and upon said Gmb tract, and along said non-tangent curve to the right, an arc length of 183.57 feet to a 1/2 inch rebar with a cap stamped "Windrose'’ set for comer, said point being the Northeast corner of the herein described property and lying on the West line of said City of Denton tract; THENCE South 02 Degrees 12 Minutes 08 Seconds West, with the West line of said City of Denton tract, a distance of 151.79 feet to the SINbR IB£T£\$PligUESg? 11o+i!!:YlbL5brJD7R581sL£tcEs£oM Page / or 2 DRAWN BY: E.R. DATE: 08/17/2020 JOB NO: D56128-1 12300, 0 EW acres of land, more or less. LAND SURVEyiNG I PLATTING POINT OF BEGINNING and containing 67,532 square feet or 1.550 & Nich<Ys\MayhH\.NEW ROW Does-2019\ACP03019111CB.dwg EXHIBIT ’'B"IN 1 1.550 Survey, Denton I Acre Parcel Abstract County, David City Hough of Denton, Number Texas 646 *\! Notes '\iiIj {}{ {;- 200 0 190 200 I.R.F.C. = 5/8- Iron Rod Found with cap stamped -Cotton Surveying". I.R,S. = 1/2" Iron Rod Set with yellow cap stamped "Windrow". '\'\ \,. SCALE: 1" = 200' Bearings shown bacon based on the City of Denton GIS NetworkI\, I I INg jh%. W:+Tan CITY OF DUIIOR -BASIERN m£AafDgR rRAC lr DmR RO. 2014-2&+SO (HnIAmBB) 36329 Acres tI.SIL'n K ni KBVDf HaHn. AL VDWIB 3+82. PAGE 911 (numB)a RICUAID A GM & HARCY A CRIB DWIR NO. 2008-100770 (nEbmnD naaAID I ORB aXAHar A GRaB nonDID. 800&loarPO{8nanao iO' 8RAZOS ELECTRICPOWtR EASEMENTWLUU[ 1636. PAGE 436 1.R.S. C L 1.R.S HS CITY OF Dn11DX "WX)CEPAL USB TRACT It- DISTR HO. 2014-28430 cj CITY OF DHIIDN.DIST& XO. 2014-28436 (HnIAHDHI)1.R.S 1550 Acres 167.53: SI+ n.) ,HEWn XJIB + 1+3RAHUI AOnB arrB uaIID. we-lo0718 PUB a) I.R.S. IRS CITY OF DnITDH --WNICIPAL USE TRACT +a' atsIR RO. 2014-28430 1.d.F.c bCC.M.)I.R.F.C, (C.M.)S88'O1'2 1 -W 1354,45’ MR IM ' B:FI Commencme,it gIgS%LOt '57'54" W: m8 cny or nzHiOW n8TR NO. 2016-34890 IPOe 111I11Egg&t iN8;,IOT IR BIOCK FPROVIDUICE PLACE a CABulrr X PAGE 006 M Beginning \ROmRT P. DONHBLLY VOWIIB 3384. PAGE 006 (RIHANDHR) MARK N, PEEPLES -DOKNULY ADDItiON CABnfrr O. PAGE 77 6++3 E cRi;ameiii [F7378 = 30'03'OO" CURVE TABLE LINE TABLE WINbROSE LAND SURVEYING I PLATriNG 220 ELM STREET. SUITE 200 1 IFWISVILLE, TX 75057 1 214217.2544 FIIM REGISTRATION NO. 10194331 1 WINDROSESERVICES.COM DRAWNBY:E.R. DATE:08/17/2020 JOBNO:DS612&112300Page 2 of 2 Vmneering\Freos8 & NIchols\MoOg\NEW ROW Docr201 9\A09Q30191 llCB.dWg 11118HHIHl18HlllIHHDenton CountyJuli Luke County Clerk 'VG-226-2021-73209' Instrument Number: 73209 Real Property Recordings EASEMENT Recorded On: April 23, 2021 03:01 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $46.00 H'"H'--' THIS PAGE IS PART OF THE INSTRUMENT n'H""'' Any provision here in which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law File Information : Document Number: Record and Return To: 73209 TITLE RESOURCES Receipt Number:20210423000786 WILL CALL Recorded Date/Time:April 23, 2021 03:01 PM User: Station : Connor B DENTON TX 76205 Station 1 STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED in the FIle Number sequence on the dateftime printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. kiWa Juli Luka County Clerk Denton County, TX City Project: MaytrIll Road and Flood Control CIty ProJect Number: 35046Z402 Parcel Number: pl.DE.I \qU L+Tq KP NOTICE OF OONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING DVFORMATION 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. WA I STATE OF TEXAS § § 6 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT Kevin NeIms, Richard Greb and wife, Nancy (;reb, (hereinafter collectively referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by the City of Denton, a Texas home-rule municipal corporation (hereinafter referred to as “Grantee“), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, a 0.029 acre perpetual drainage easement in, along, over, upon, under and across the following described property (the “Property”), owned by Grantor, and situated in Denton County, Texas, located in the David Hough Survey, Abstract No. 646, Denton County, Texas, to wit: PROPERTY AREA DESCRIBED IN EXHIBIT “A“ AND DEPICTED IN EXHIBIT “B”. BOTH ATrACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, and related drainage facilities and appurtenances, including without limitation, the right to overflow the Property, in, along, over, upon, under and across said Property. The rights granted herein shall further include, without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, over, upon, under and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making of additions to, improvements on and repairs to said facilities and/or drainage features or grade, or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, over, upon, under or across the Property by Grantor. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of- way 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property nor may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may overhang upon the Property without liability to Grantee, including without lirnitation, the obligation to make further payment to Grantor. 5. Grantor’s Rights. Grantor shall have the right, subject to the restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee’s rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the Property above described. SIGNED this A'day of /? /,{/z–J 2021. \ Kevin NeIl nha;d G Feb Nancy Greb J ACKNOWLEDGMENT STATE OF Teyhh § gn=nHlu==Hl••H COUNTY OF J-- g This inst(ument was acknowledged before me this 15th day of , 2021, by Kevin Nelms Xq sABin My commission expires: 3 , a\'QX/b\5 KATRINA CLICK Noaa PubIIc. State of Tens Comm. Expires Ob21'202S Notary I D 776012-1 ACKNOWLEDGMENT STATE OF bY \ n\'\ N § COUNTY OF utO,v\LAPCL i Print Name: M\ u How My commission ex ManDy ACKNOWLEDGMENT STATE OF HnZDr,& g COUNTY OF btaxI fAIK g § This instrument was acknowledged before me this \L4 hr)a \ , 2021, by Nancy G#. day of „hI Print Name: My commis 1.:=23md„\h ;lon exD it\ILIIJ After Recording, Return to: City of Denton - Real Estate AHn: DeAnna Cody 401 North Elm Street Denton, Texas 762014137 ARTHUR LAND SURVEYING F/XHIB11- nA+t DRAINAGE EASEMENT PInDE-1 0.029 Acre David Hough Survey, Abstract No. 646 City of Denton, Denton CountY, Texas BEIN(; all tIlIIt ,cllilill lol. tracl or parcel of land situated in the David Hough Sur\'c) . Abstract Nunlbcl' b4b. t-ity of Detiton. Denton C-oblnt\ . 'l'exas, and being part of that certain tract of land described by deed to Kevin Nelnls, Richard Greb arId \rife, Nancy Gmb. recorded under Instrument Number 201 7-8 1 759. Official Public Records. Denton Count) . Texas. and being more parTicularly described as fol]o\vs: COMMENCING at a 5.'8 inch iron rod \nth cap stalnped -Cotton Surveying" found for corner being the northeast corner of Lot ] R. Block F of Providence Place II. an addition to the City of Denton. Denton County, Texas. according to the plat thereof recorded in Cabinet X. Page 905. Plat Records of Denton County. Texas (P-R.D.C.-l'.). same point being in the south line of a tract of land described by deed to the City of Denton. recorded under[nstrurnent number 2014-2@36. O.P.R, D.C. T. i THENCE South 88 decrees 01 minutes : 1 seconds West. with the north ]ine of said Providence Place II addition. a distance of 645.92 feet to a 1/2 inch iron rod with yellow cap stamped ''Arthur Surveying Company" set for corner being in the south line of said Nelms and Greb tract and the north line of a tract of land described by deed to the City of Denton. recorded under Instrumcnt Number 201 5-34890. o. P,R.D.C. T., same point being the beginning of a non- tangent curve to the right. having a radius of 1080.00 feet: THENCE over and across said Nellns and Grt:b tract and with said curve to the right, thrOugh a central angle of C)6 degrees 47 minutes 50 seconds. whose chord bears North 37 degrees 43 minutes 24 seconds East at 128.05 Feet. an arc length of 128. 1 2 feet to the POINT OF BEGINNING: THENCE North 48 degrees 3 1 minutes 09 seconds West. over and across said Nclms and (Ireb tract, a distance ot 25.00 feet to a point for corner being the beginning of a non-tangent curve to the right. having a radius of 1 1 05.00 feet THENCE over and across said Nclms and Oreb tract and with said curve to the right. through a central angle of 00 degrees 2 : rninutes 03 seconds. whose chord bears North 4 1 degrees 1 8 ntinutes 1 9 seconds East at 6.77 feet. an ilrc length of 6.77 feet to a point for corner: THENCE North 4 1 degrees 28 minutes 5 1 seconds East. over and across said Nclms and Greb tract. a distance ol 43.24 feet to a point for corner: THENCE South 48 degrees 3 1 minutes 09 seconds East. over and across said Nelms and Gmb tract. a distance ot 25.00 feet to a point for corner: THENCE South 4 1 degrees 28 minutes 5 1 seconds West. over and across said Neims and Greg tract. a distance of 43.24 feet to the beginning of a curve to the left. having a radius of 1080.00 feet;V+++b - -:\(J L ,.} \{ an a THENCE over and across said Nellns and Greb tract and with said curve to the te degrees 21 minutes 32 seconds, whose chord bears South 41 degrees 1 8 minutes 0 length of 6.77 feet to the POINT OF BEGINNING and containing 0.029 acre of R. through a 5 seconds \4aylrilt Road Prtljcct At:)930191 1 1 f JS-DraInage Eu5enlcnt bN Notes: • I,R. f- .C. = 5/8" Iron Rod l- t}und \\ itIl cap stamped "C'ourin Sur\ eying' 1.R.S. = 1/2" Iron Rod Set u ith \cIIo\\ cap slarnpecl "Anhur Sun c) ing Company". This ExhibIt \\as prepared \\-ithout the bencnt ofa current title search. therefore no search of recorded casemen£s \rib performed on subject propcrt) • • • AII improvements not sho\yn here£)n. A 0100 50 100 SCALE: 1- a IOO’ Bearings shown hcroon based on the City ofDmtoa GIS Network. \/ / / ,/KevIn Nelnr9 et alInstr. No. 201781759 2(bst Hough SuN7 646 \ David / / / 0.029 'Acre Drainage Easement ( 1.250 sq, R.) Kevin Nelai8 et al. Volume 3432, PaBe 911( reIn•b3du) City of Denton fP;!. 2giII:b3#62 P -Faint of -\t\::. ff 2%adr-nj:815 SSH' O1'21"\\" _ 6]5.92' Int tR Block F Provldence Place 11 CabInet X Page 805 nHl===n=a nunn j•=••ll• Point of Commencement A ,R F.C tC,M.) Donnelly AdditionCabinet O, Page 77a =WHn-•= Robert P. Donnelly Volume 3384, Page 905 Robert P. Donnelly Vo]tIme 3384, Page 905 (remainder) I I I\ \ \\ \\ CURV£ TABLE ;alijI;;{# F:rB:1}1!I\${1T:$8:11 1a t Length ChordTiR.ITmmi!!6.77 6.77' LEgE TABLE m=nEWama EXHIBIT '’B'’ Mayhill Road ProjectPhase 2 Drainage Easement PI –DE–10.029 Acre David Hough Survey, Abstract Number 646 City of Denton, Denton County, Texas 'SS ART R i LAND SURVEYING:20 I'lm St . = =tIll - I e\tis\'illc. 'I X 75fl57 Ph 97: !! ! q+3g . tERN” IflClf,iS(Irl arthur sur\ t\ inc ctllll Fistahl ished 1 986– 20}9 – 1111111118111111118Denton County Juli Luke County Clerk 'VG-202-2021-73210' Instrument Number: 73210 Real Property Recordings DEED Recorded On: April 23, 2021 03:01 PM Number of Pages: 13 " Examined and Charged as Follows: " Total Recording: $74.00 ''*"*HH- THIS PAGE IS PART OF THE INSTRUMENT u'*’''""'“- Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law File Information:Record and Return To: Document Number:73210 TITLE RESOURCES Receipt Number:20210423000786 WILL CALL Recorded Date/Time:April 23, 2021 03:01 PM User:Connor B DENTON TX 76205 Station:Station 1 STATE OF TEXAS COUNTY OF DENTON I homE)y certIfy that this Instrumant was FILED in the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. f ’+We Juli Luke County Clerk Denton County, TX lga+29 ICt’ NOTICE OF CONFIDENTIALITY RIGHTS : IF YOU ARE A NATURAI 1 PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCLAL SEcuRrrY NUMBER OR YOUR DRIVER’S LICENSE NUMBER SPECIAL WARRANTY DEED STATE OF TEXAS § § g KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT the City of Denton, a Texas home-rule municipal corporation, (hereinafter referred to as “Grantor”), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by Kevin Nelms, Richard Greb and wife, Nancy Gmb (hereinafter collectively referred to as “Grantee”), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property containing approximately 3.457 acre of land more particularly described in Exhibit “A“ and depicted in Exhibit “B'’, both attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, (all of which foregoing are collectively referred to as the “Property“), reserving unto Grantor the electric utility easement (the -Easement“) in, along, upon, under, over, and across those portions of the Property as described and depicted on Exhibit “C” (“Reserved Electric Utility Easement – Tract 1”) and on Exhibit “n’ (Reserved Electric Utility Easement – Tract 2”), both attached hereto and made a part hereof (the “Easement Property“) . The Easement is reserved for the following purposes; Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining electric utilities, and related electric utility facilities and appurtenances, in, along, upon, under, over, and across said Easement Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress, and regress, at all times in, along, upon, under, over, and across the Easement Property to Grantor herein, its agents, employees, contractors, workmen, and representatives, for the purposes set forth herein, including without limitation, the making of additions to, improvements on and repairs to said facilities or any part thereof. This reserved Easement is subject to the following covenants and restrictions: I. Structures. No buildings, structures, signs, facilities, improvements, or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed, or placed in, along, upon, under, over, or across the Easement Property by Grantee. Further, Grantee stipulates and acknowledges that the Grantor, in consideration of the restrictions above set out may remove from the Easement Property, such buildings, structures, signs, facilities, improvements, and other obstructions as may now or hereafter be found upon said Easement Property and dispose of any such buildings, structures, signs, facilities, improvements, or obstructions in any manner it deems appropriate without liability to Grantor. 2. Access. For the purpose of exercising and enjoying the Easement rights reserved granted herein, the Grantor shall have access to the Easement Property by way of existing public property or right-oFway. 3. Trees and Landscaping. No shrub or tree shall be planted upon the Easement Property nor may encroach upon the Easement Property. Grantor may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Easement Property without liability to Grantor. 4. Grantee’s Rights. Grantee shall have the right, subject to the covenants and restrictions contained herein, to make use of the Easement Property for any purpose that does not interfere with the Grantor’s rights retained herein for the purposes reserved. 5. Successors and Assigns. This Easement reservation and the covenants and restrictions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, successors, and assigns. Exceptions, Exclusions, Disclaimers and Acknowledgments. Exceptions to conveyance and warranty (the “Exceptions”): 1. 2 3. 4 rights of the public in streets, alleys, rights-of-ways and highways adjacent to or adjoining the Property, if any; zoning and building laws, ordinances, resolutions, and regulations; real estate taxes and assessments for public improvements which are not delinquent and not yet due and payable; and covenants and other matters filed in the Real Property Records of Denton County, Texas. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WAIRtNT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject, however to the reserved Easement. E X E C U : 5 R I !!i jl 4 ) 3 d ay 0 f = r\Q( . \. 2021. GRANTOR CITY OF DENTON Sara HensMm lanagerq ;O'ltl1GRANTEE GRANTEE Kevin Nelms Richard Greb GRANTEE Nancy Greb ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DEvrON § $ This h.strument was acknowledged before me this 1 3+day of AFf t \ , 202 1, by Sara Hensleymim City Manager, City of Denton. mM m My May DI i31M6791 E©iBboHtbH 14. an My commission expires: la JIll aaa–a EXECUTED thiswd,y ,f GRANTOR CITY OF DENTON ' 202 1. Sara Hensley, Interim City Manager GRANTEEGR me Nmr GRANTEE ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DENTON § This instrument was acknowledged before me this day of 2021, by Sara Hensley, Interim City Manager, City of Denton. Notary Public, State of Texas Print Name: My commission expires: ACKNOWLEDGMENT STATE OF Tekas g § gCOUNTY OF Xwrath t This instrument was acknowledged before me this IbM, day of , 2021, by Kevin Nelms. KATmd Noaa PubIIc, State of Tau C'mm. £KPkesa3-2r.20z5 NOtary ID 776012-1 Notary Public, State of 'TiRons Print Name: $.r+ . f . /\n Of, d'_ My commission expires: 3- 2\- J e=15 ACKNOWLEDGMENT STATE OF FrY \20r(b § COUNTY OFkACw\ col& § $ This instrument was acknowledged before me this E day of h)\n \ , 2021, by Richard Gnb.I }ww #ORGAN Notary PubIIc • ArIzona &aricoOa County CommIssion 1 592638 My Comm. ExpIres Nw 19, 2024 U i:\ nt\e o fgI flU Print Name CLr\7My comrniss=m Iq,, yu aLl ACKNOWLEDGMENT STATE OF bv\ZOY\N § § COUNTY OF LtN \CDP § This instrument was acknowledged before me this tH day of 2021, by Nancy GrebV\ \/' mB=K3GM -F\ Print Name: Hat \VI Il HAILY MORGAN Notary Public . M:ona aarlcopa COunty Convntssion # 592638 My Comm. Explru Nov 19, 2024 My commission e;aes:A=Jci–+2u Jq After Recording, Return to: Kevin Nelms Field Tech Avionics 2200 N.E. Loop 820 Fort Worth, Texas 76106 rthur Surveying Co., Inc.Professional Land Surveyors P.O. Box 54 - Lewisville. Texas 75067 Ofrice: (972) 221-9439 – Fax: (972) 221-4675 E)amBiT “A” City of Denton, Denton County, Texas 3.457 Acres BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Absaact Number a6, City of Denton, Denton County, Texas, and being pan of Tract II as described by deed to Kevin Nelms, Recorded in Volume 3432. Page 911, Deed Records. Denton County. Texas (D.R.D.C.T.), and being more panicularly described as follows BEGINNING at a ]/2 inch iron rod with yellow cap stamped “Arthur Surveying Company” (ASC) set for corner being in the north line of said Nelms tract and being the northwest corner of a tract of land described by deed to the City of Denton, rworded under Insunment Number 20] 4-28135, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), sarne point being in the south line of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, D.R.D.C. T.; THENCE &iuth Q2 dbnes 52 minutes 33 seconds West, with the west line of said City of Denton tract, a distance of 324.81 feet to a l£2 inch iron rod with yellow cap stamped "ASC” set for comer being an oII comer of said City of Denton tract: THENCE South 87 degn€s 5 1 minutes 47 seconds West, with the north line of a Tract 1, descritxd by deed to Kevin Nelms, recorded in Volume 3432, Page 9 1 1. D.R.D.C.T., a distance of 455.41 feet to a 1/2 inch iron nd with yellow cap stamped "ASC” set for corner being in the south line of said Haggard tract and the north line of said Nelms Tract 1; THENCE North 01 degrees 32 minutn 41 seconds Easl a distance of 333.0 1 feet to a 1/2 inch iron rod with yellow cap sUmped “ ASC” set for corner king the northwest corner of said Nelms Tract II; THENCE North 88 degrees 56 miauta 53 seconds East, a distance of 462.49 feet to the POiNF OF BEGINMNC and containing 3.457 acres of land, more or less. Cl 10713 1.7th Nelms2 I.R.F. '(C.U.)bN A 0 d ata /]:3 g 58 2e?_ZMason A. Ha89ald & wife, Wilnn HaIKu+ Vol. 337, Pg. +30 100 200 SCALE: 1- = 200' Barin8s shown hcrcon based on the City of Ihinton CIS Network Kevin Nelrru Vol. 3+32, PP 911Tract Il (nrBahultv) & Richard A. (;reb & Nancy A. C;reb lau. No. 20D6.10CX770 TTact ll N88'S6'53"E EHIB ap ap alP =nunl•lP On an HI N88-S6'5JrE ,-PK' NaR s-t NOTES: • l-R.F. = 1/:2" Iron RcM Found . 1.R.S. = 1/2" tron RcN Set with I yellow cap stamp6d "Arthur tdHI 3.457 Acres ( 150.604 sq. R.) Surveying Com;nay" not shown hereon. B) FI s87SI'S2-w It 45.06’O--- /' "-- 5/8- 1.R.F. (C.M,) \ Kevin SUms VoI. 3432, Pg. 911 Tract I {rcrn3indct) Richard A C;reb & XancF A. Oreb Itisa. No. 2CXb-lCXXP0 Tract I (ntnr}nda) \ IS’ Gas tommelt No. 2CX16-34815 60' Brazos aec be POHer CaseneneVabme 1636, Page V6 'r.-iNk!:JRl+q+nn•••U••V••+••+++ Eggs a.tO EXHIBIT "B’' 3.457 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas 7xnei;n:Rm37 Ph. 972.22 1.9439 . TFRN# 10063800 ing.com Established 1986 - 2016 – EXHIBIT ''C" RESERVED ELECTRIC UTILITY EASEMENT-TRACT 1 SITUATED IN THE DAVID HOUGH SURVEY, 800 SQ. Fr. TRACT CITY OF DENrON DENTON COUNTY, TEXAS ABSTRACT NO. 646 BEING A 800 SQUARE FOOT TRACT OF LAND SITUATED IN THE DAVID HOUGH SURVEY. ABSTRACT NUMBER 646. IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED TO THE CITY OF DENTON. IN SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NUMBER 2017–81760. REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS (R.P.R.D.C. T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM. TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERICAN DATUM OF 1983 (NAD83)(US FOOT) WTH A COMBINED SCALE FACTOR OF 1.000150630); BEGINNING AT A 1/2–INCH REBAR FOUND FOR THE SOUTHEAST CORNER OF SAID CITY OF DENTON TRACT. LYING ON THE WEST RIGHT-OF-WAY LINE OF SOUTH MAYHILL ROAD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST. VUTH THE SOUTH LINE OF SAID CITY OF DENTON TRACT AND WiTH THE NORTH ONE OF THAT CERTAIN TRACT OF LAND DESCRIBED TO RICHARD GREB AND NANCY GREB, IN SPECIAL WARRANFr DEED RECORDED UNDER DOCUMENT NUMBER 2006-100770, R.P.R.D.C.T., A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, SAID POINT BaNG THE SOUTHWEST CORNER OF THE HER£IN DESCRIBED TRACT, AND FROU WHICH A 1/2-INCH REBAR FOUND FOR THE SOUTHWEST CORNER OF SAID CITY OF DENTON TRACT BEARS SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST, A DISTANCE OF 415.41 FEET; THENCE NORTH 02 DEGREES 52 MINUTES 33 SECONDS EAST. DEPARTING THE NORTH LINE OF SAID GREB TRACT, OVER. ACROSS AND UPON SAID CITY OF DENTON TRACT, A DISTANCE OF 20.08 FEET TO A POINT FOR CORNER, SAID POINT BEING THE NORTHWEST CORNER OF THE HEREIN DESECRIBED TRACT; THENCE NORTH 87 DEGREES 51 MINUTES 47 SECONDS EAST, OVER, ACROSS, AND UPON SAID ciPr OF DENTON TRACT, A DISTANCE OF 40.00 FEET TO A POINT FOR CORNER, SAID POINT BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT. AND LYING IN THE WEST RIGHT-OF-WAY UNE OF SAID SOUTH MAYHILL ROAD; THENCE SOUTH 02 DEGREES 52 MINUTES 33 SECONDS WEST. WTH THE EAST LINE OF SAID CITY OF DENTON TRACT AND THE WEST RIGHT–OF-WAY LINE OF SAID SOUTH MA\r}lILL ROAD. A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING, CONTAINING 800 SQUARE FEET OR 0.018 ACRES OR LAND, MORE OR LESS MARK N. PEEPLES B 4 6443 \I +qi( FIELDED BY:B.H.DATE: REV: REV: REV: REV: 03.052021 DRAWN BY:J.C.WINDROSE CHECKED BY:M.N.P.LAND SURVEYING I PLATriNG JOB NO. D56668 SHEET 1 OF 2 220 ELM STREEt SURE 200 1 LEWISVILIE. TX 75057 1 214.217.2544 FIRM REGISTRATION NO_ 10194331 1 WINDROSESERVICES.COM J;TgJHTIEFIITT;)ii lug !! 8 5 g :• niE I b 111# g.Hi0 Hi z.i C) lpnb+ bO g: g ! i g g III Cf)0 ncaZg 8EgBE0-zE .ZBenez88 hIui aac aok C) ac < anLa OC a Laaa bZrd =DZ0S a 10 >'(B LL0 t- = CDa Bcs0aJI-SS QCQ£ g §lilil§ • • • • • ;lgIgg U <a£ 2LU = LUC/) < LU > fIP3 C)B U 11 ! al E a3 a 0 ; Ba C) }- no =XLU U $b t= at/l g . IO -£££aLU >acLU FIIa( • 3.. It. zr. ION -7/L EXHIBIT "D’' RESeRVED ELECTRIC UTILrrY EASEMENT-TRACT 2 SITUATED IN THE DAVID HOUGH SURVEY. 5.626 SQ. Fr. TRACT CITY OF DEbrrON, DENTON COUNTY. TEXAS ABSTRACT NO, 646 BEiNG A 5,626 SQUARE FOOT TRACT OF LAND SITUATED IN THE DAVID HOUGH SURVEY. ABSTRACT NUMBER 646. IN THE CITYOF DENTON. DENTON COUNW, TEXAS. AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED TO THE ciPr OF DENTON, IN SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NUMBER 2017-81760. REAL PROPERTY RECORDS. DENTON COUNW. TEXAS (R.P.R.D.C. T.). AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS AND DISTANCES ARE BASED ON THE STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE (4202) NORTH AMERiCAN DATUM OF 1983 (NAD83)(US FOOT) NTH A COMBINED SCALE FACTOR OF 1.000150630): COMMENCING AT A 1/2-INCH REBAR FOUND FOR THE SOUTHEAST CORNER OF SAID CITY OF DENTON THE WEST RIGHT-OF–WA'l’ LINE OF SOUTH MAYHILL ROAD (A VARIABLE %IDTH RIGHT–OF-WAY): TRACT.AND LYINC IN THENCE SOUTH 87 DEGREES Sl MINUTES 47 SECONDS WEST. VUTH THE SOUTH LINE OF SAID CITI' OF DENTON TRACT AND MaTH THE NORTH LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED TO RICHARD CRED AND NANCY GREB. IN SPECIAL WARRANTY DEED RECORDED UNDER DOCUMENT NUMBER 2006-100770. R.P.R.D.C. T.. A DISTANCE OF 40.00 FEET' TO A POINT FOR CORNER. SAID POINT BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, AND THE POINT OF BEGINNING; THENCE SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST. CONTINUING WITH THE NORTH LINE OF SAID GREB TRACT AND THE SOUTH LINE OF SAID CITY OF DENTON TRACT. A DISTANeE OF 272.92 FEET TO A POINT FOR CORNER. SAID POINT BEING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT. AND FROM WHICH A 1/2-INCH REBAR FOUND FOR THE SOUTHWEST CORNER OF SAID ciPr OF DENTON TRACT BEARS SOUTH 87 DEGREES 51 MINUTES 47 SECONDS WEST, A DISTANCE OF 142.49 FEET; THENCE NORTH 38 DEGREES 58 MINUTES 17 SECONDS WEST. DEPARTING THE NORTH LINE OF SAID GREB TRACT. OVER,ACROSS. AND UPON SAID CITY OF DENTON TRACT, A DISTANCE OF 24.99 FEET TO A POINT FOR CORNER. SAID POINT BEING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 87 DEGREES 51 MINUTES 47 SECONDS EAST. OVER, ACROSS. AND UPON SAID CITY OF DENTON TRACT. A DISTANCE OF 289.66 FEET TO A POINT FOR CORNER. SAID POINT BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT THENCE SOUTH 02 DEGREES 52 MINUTES 33 SECONDS WEST. CONTINUING OVER. ACROSS, AND UPON SAID CITI’ OF DENTON TRACT. A DISTANCE OF 20.08 FEET TO THE POINT OF BEGINNING. AND CONTAINING 5.626 SQUARE FEET OR 0.129 ACRES OF LAND, PLUS OR MINUS. FIELDED BY: B.H.DATE REV: REV: REV: REV: 03.052021 DRAWN BY: J.C.WINDROSE CHECKED BY:M.N.P.LAND SURVEYING I PLArrING JOB NO. 056668 SHEET 1 OF 2 220 ELM STiEEr. SURE 200 1 IEWISVILIE. TX 75057 1 214.217.2544 FIIM eEG6TRATiON NO. 10194331 1 WINDROSESEIVIC£S.COM 't;;Ti"Tl;FfF;;a-~?1 h b qB a.Hii ? ii ul 9 gg 8 ! ! != gB : :igEBgliBe B U0 acaZ -ggig f ==; fZ OZ g h i ! ! gn i g E ! ;Bone LOC Sa !8 FTB ! i IdMSEaca5 Eg Eg i} =!!!OZ 8 ggE (Ii a10 Cd0a ilglili }= d h::a : EDgEDOC LOC d dO aS QCCj • • • e • • ii Cy b gjglg Z•a fE BE tB Baja < d o ! ! al 2 g gLUa r) b- nnuR•no =X LU Plc\r in-J IIO 'f££ I„ it, an LON-a/‘