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21-214321-2143ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TOENTER INTO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON ANDFIRST TEXAS HOMES, INC., FOR THE DEDICATION OF PARK LAND FOR A CITYPARK, DEDICATION OF LAND FOR PUBLIC USE AT THE PARKSIDE DEVELOPMENT,AND DEDICATION OF RIGHT OF WAY ON HICKORY CREEK ROAD; AUTHORIZINGACCEPTANCE OF LAND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, First Texas Homes, Inc., (the “Developer”) of the Parkside Development has asked consideration for approval to development and dedicate land in lieu of Park Dedication and Development Fees; and WHEREAS, the City Manager recommends, and the City Council deems it in the publicinterest that the City enter into the Development Agreement; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The City Manager is hereby authorized to execute on behalf of the City, a Development Agreement in substantially the form of the Agreement, which is attached hereto and incorporated by reference herein. SECTION 3. The City Manager is hereby authorized to receive land and to undertake the obligations as set forth in the Agreement. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this Ordinance was made by by JesZ Day'\$ Gefhr& +udsp eth and seconded was passed and approved byThis Ordinance following vote Aye Nay/‘ Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 :1/ 1/ 1/ / 1/ Brian Beck. District 2: Jesse L. Davis. District 3 : Alison Maguire, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6:1// https://ccxlenton.sharepoint.com/sites/pndadmin/shared documents/city council/2022/3. march 2022/parkside development agreement/exhibit 2- ordinance.docx PASSED AND APPROVED this the a&"& day of HarM , 2022. aRmrCEsP MAYOR ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM:MACK REINW AND, CITY ATTORNEY L\\\11111111 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into between First Texas Homes, Inc., a Texas corporation (the “Developer”) and the City of Denton, a Texas home- rule municipal corporation (the “City”) as of the Effective Date as provided below. Introductory Provisions Developer is the owner of and is currently developing a portion of a 62.397-acre, more orless, tract of land for residential use known as Parkside Development which is located in the Matthew Rogers Survey, Abstract 1080 and Nathaniel Britton Survey, Abstract 0051, City ofDenton, Denton County, Texas (the “Project”). The Project consists of one hundred-fifty-six (156) residential lots and five (5) homeowners association (“HOA”) open space lots, one (1) dedication of Right of Way on Hickory Creek Road totaling 4.6926 acres, one (1) park land dedication lot totaling 17.998 acres, and one (1) City of Denton Lot totaling 4.883 acres. The Right of Waydedication is labeled Parcel six (6) (“Proposed Right of Way”) on Exhibit “G”, The park land dedication lot is labeled Lot 35, Block B (“Park Land Dedication Lot”) on Exhibit “D” and the City of Denton dedication lot is labeled Lot 36, Block B (“City of Denton Dedication Lot”) onExhibit “D”, attached hereto; and Developer will improve and dedicate 17.998 acres to the City of Denton as park land for public use. The Park Land Dedication Lot, more particularly depicted as Lot 35, Block B shown on Exhibit “D” attached hereto, will be dedicated as park land by Final Plat, and Special Warranty Deed, Exhibit “B” and shall be recorded in the Plat Records of Denton County, Texas upon approval by the City of Denton; and Developer will dedicate 4.883 acres to the City of Denton, as land for public use. The City of Denton Dedication Lot depicted as Lot 36, Block B on Exhibit “D”, will be dedicated as public use by Special Warranty Deed, Exhibit “B” and shall be recorded in the Plat Records of Denton County, Texas upon approval by the City of Denton; and Developer will dedicate 4.6926 acres to the City of Denton as land for Right of Way on Hickory Creek as shown in Exhibit “G” to the City of Denton by Special Warranty Deed and shall be recorded in the Plat Records of Denton County, Texas upon approval by the City of Denton; and Developer will grant a 0.3183-acre Temporary Construction Easement to the City of Denton as shown in Exhibit “K”; and The amount of park land dedication required by Section 22-37 of the City’s Code of Ordinances for the Project is 1.092 acres; and The park development fees required by Section 22-39 of the City’s Code of Ordinances for Parkside of the Project total $45,396.00. The Developer will substantially complete the construction and installation of the Park Improvements and intends to dedicate the ParkImprovements to the City, and the City intends to reimburse Developer for such Park Improvements with park development fees assessed and collected by the City for the Project at the time of building permit applications in accordance with Section 22-39 of the City’s Code of Ordinances (“Park Development Fees”); and Developer intends to develop, construct, and install Park Improvements and dedicate the Park Land Lot to the City to satisfy both the park land dedication requirements (Denton Code of Ordinances Section 22-37) and the park development fee requirements for the Project (DentonCode of Ordinances Section 22-39); and Developer and the City enter into this Agreement to confirm their agreement concerning(a) the Developer’s dedication of the Park Land Dedication Lot to the City, (b) the City’s acceptance of the Park Land Dedication Lot, to satisfy the park land dedication requirement inSection 22-37 of the City’s Code of Ordinances, (c) the agreement to reimburse Developer with Park Development Fees received from the Project property for Developer’s construction of Park Improvements, (d) the Developer’s dedication of The City of Denton Dedication Lot for public use, (e) the Developer’s dedication of the Proposed Right of Way lot, (f) the City’s acceptance ofboth The City of Denton Dedication Lot and the Proposed Right of Way lot, and (g) the Developer’s grant of a Temporary Construction Easement. A. Agreements For good and valuable consideration, the receipt and adequacy of which is herebyacknowledged, the parties agree as follows: 1 Dedication of the Park Land Lot. Developer will dedicate the Park Land Dedication Lot shown as Lot 35 Block B on Exhibit “D”, to the City. The City and the Developer will work cooperatively to process Developer’s dedication of the Park Land Dedication Lot. Instruments of dedication shall be by Special Warranty Deed, Exhibit “B”, and upon Final Plat completion. The City and Developer shall prepare, execute, and record all documents related to the dedication and conveyance of the Park Land Dedication Lot at the Developer’s sole expense. The dedication of the Park Land Dedication Lot fulfills Developer’s total park land dedication requirements for the Development, in satisfaction of Section 22-37 of the City’s Code of Ordinances. Upon recording in the Plat Records of Denton County, Texas, the Developer shall complete the Special Warranty Deed, Exhibit “B”, by filling in the document number, signing, notarizing, and returning to City of Denton Real Estate at 401 N. Elm Street,Denton, TX 76201. The Developer’s dedication of the Park Land Dedication Lot under this Agreement is based on the type of development (single family) and the anticipated number of residential units to be developed on the Project. The Park dedication required by this Agreement for the Project was determined with the formula 2.5 acres x 156 units x 2.8 persons divided by 1,000 for 1.092 acres of land for residential property. Floodplaincan be dedicated at 3 to 1 ratio. As the Park Dedication Parcel is floodplain the required dedication is 1.092 X 3 or 3.276 acres. The City recognizes that the acreage of the Park Land Dedication Lot dedication of 17.998 acres is in excess of the required land dedication of 3.276 acres and accepts the additional 14.722 acres in satisfaction of the park dedication required for the Project, by 22-39 of the City’s Code of Ordinances. Developer expressly acknowledges and agrees that both the execution of this Agreement and the transfer of the Park Land Dedication Lot is made voluntarily by the Developer and not as a requirement of the City under its Code of Ordinances, and Developer waives any claim related theretothat it may have under any theory of law against the City. 2.Dedication of Right of Way. Developer will dedicate 4.6926 acres of land for Right of Way on Hickory Creek Road and grant 0.3183-acre Temporary ConstructionEasement. The City and the Developer will work cooperatively to process Developer’s dedication of the Right of Way. Instrument of dedication shall be by Special Warranty Deed, “Exhibit “C”. The City and Developer shall prepare,execute, and record all documents related to the dedication and conveyance of the Right of Way Lot at the Developer’s sole expense. The Cityacknowledges that the Developer desires to install a Monument within the Right of Way property via permit, referenced in Exhibit “D”. The Developer acknowledges that a permit must be obtained for any monument and such monument must abide by the 2021 Denton Development Code standards and City of Denton Sign Ordinance(Ord. 2014-406) unless a variance is sought and obtained. The City of Denton will not be responsible for the maintenance of any such monument. 3. Public Utility Easement on Park Property. A thirty (30) foot Public UtilityEasement (PUE) will be dedicated via Final Plat along the western portion of the Park Dedication Lot. The PUE is more accurately shown on Exhibit “H”. 4 Park Development Fees & Reimbursement. Park development fees for the Projectamount to $45,396.00 for 156 homes at $291.00 per single family unit, pursuant to Section 22-39 of the City’s Code of Ordinances. Park development fees shall be imposed at the time of building permit application and shall be paid prior to issuance of building permits. The City shall reimburse Developer in an amount not to exceedFORTY FIVE THOUSAND THREE HUNDRED AND NINETY SIX DOLLARS ($45,396.00) (“Reimbursement Amount”), without interest, for the Park Improvements in accordance with the terms of this Section. Actual Park ImprovementCosts that exceed the Reimbursement Amount will be the sole cost of the Developer and Developer waives any claim to payment therefor that it may have under any theoryof law against the City. The City shall reimburse the Developer up to the Reimbursement Amount solely with Park Development Fees paid to the City from theProject property. Once the Developer completes the construction of the Park Improvements on the Park Property, (Park Land Dedication Lot), as per agreed upon Conceptual Master Plan, Exhibit “E”, within ninety (90) days, the City shall pay the Developer the Park Development Fees paid to the City from the Project property. In no event will Developer be entitled to reimbursement for Park Improvements in excess of the Reimbursement Amount or from any source of revenue other than Park 9. Waivers. The parties hereby agree: A.Nothing in this Agreement shall be considered an illegal impact fee or exaction. The Developer agrees and stipulates that all terms of Local Government Code Section 212.904 have been met by the City and that the requirement for Developerto dedicate the Park. Developer and its related entities, successors, and assigns release and discharge the City, its past and present employees, officers, council members, attorneys, and other agents, contractors, and representatives from any and all claims, demands,controversies, and causes of action for breach of contract, takings, exactions, claims under Texas Local Government Code Chapter 395, and claims under the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and all claims for reimbursements and monies that relate to this Agreement. Developer waives any right to appeal the requirement to construct and dedicate the Park in accordance with the terms of this Agreement pursuant to Section 22-42 ofthe City’s Code of Ordinances. B. C. 10. Indemnification. DEVELOPER SHALL INDEMNIFY, SAVE, AND HOLDHARMLESS THE CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS,ATTORNEYS, AND EMPLOYEES (COLLECTIVELY, THE“INDEMNITEES”) FROM AND AGAINST: (1) ANY ADMINISTRATIVE ORINVESTIGATIVE PROCEEDING BY ANY GOVERNMENTALAUTHORITY DIRECTLY OR INDIRECTLY RELATED TO A CLAIM.DEMAND, ACTION, OR CAUSE OF ACTION, ARISING FROMDEVELOPER’S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER:(I1) ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION WHICHDIRECTLY OR INDIRECTLY CONTESTS OR CHALLENGES THE LEGALAUTHORITY OF THE CITY OR DEVELOPER TO ENTER INTO THIS AGREEMENT; (II1) ANY CLAIM, DEMAND, ACTION, OR CAUSE OFACTION BROUGHT BY AN ASSIGNEE OF DEVELOPER RELATED TOAPPROVAL OF AN ASSIGNMENT BEING WITHHELD BY THE CITY;AND (IV) ANY AND ALL LIABILITIES, LOSSES, COSTS, OR EXPENSES(INCLUDING ATTORNEY’S FEES AND DISBURSEMENTS) TliAT ANYINDEMNITEES SUFFER OR INCUR AS A RESULT OF ANY ACTION OROMISSION OF INDEMNITEES PURSUANT TO THIS AGREEMENT;PROVIDED. HOWEVER, THAT DEVELOPER SHALL HAVE NOOBLIGATION UNDER THIS PARAGRAPH TO THE CITY WITH RESPECTTO ANY OF THE FOREGOING ARISING OUT OF THE GROSSNEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OR THEBREACH BY THE CITY OF THIS AGREEMENT. B. Miscellaneous 1. This Agreement contains the full and complete agreement of the parties hereto, and all prior negotiations and agreements pertaining to the subject matter hereof, are Development Fees received by the City from development permits on properties located within the Project property. 5. Park Name. Naming of the Park will be directed by Resolution Number R20- 1001, as amended, which outlines the naming policy guidelines for City buildings, facilities, land, or any portion thereof. 6. Park Master Plan. Developer has worked cooperatively with the City to produce anagreed-upon Master Plan for the Park. The agreed upon Conceptual Master Plan is herein attached as Exhibit “E”. The Developer is expected to complete the items thatare referenced in the Cost Estimate & Plan, Exhibit “F”. If any changes occur, the Master Plan document must be approved by the Director of Parks and Recreation. The City of Denton will complete the remaining items in the Conceptual Master Plan, Exhibit “E” in future phases and when funding becomes available. 7. Construction and Location of Parks Improvements. Developer will complete the construction of the Park Improvements on the Park Property, (Park Land DedicationLot), as per agreed upon Conceptual Master Plan, Exhibit “F”, and which Park Improvements include: (a) grading and dirt work, (b) concrete walking trails, (c) site drainage, (d) landscaping, (e) pond dredging, sculpting and decorative fountain, (f)trees, (g) irrigation, (h) trash receptacles, (i) water fountain. The Developer will match the City of Denton Parks and Recreation irrigation specifications. Irrigation controller, flow meter, and drinking fountain will be provided to Developer for installation, by the City. If the Park Land Lot is dedicated prior to construction of the above items, the Developer will have the City’s permission to enter the Park Land Dedication Lot to perform the construction of the items. The Developer will complete all agreed upon construction of the Park by July 31, 2024. If said park development is not completed prior to the deadline the Developer shall request an extension in writing to the Director of Parks and Recreation. The City of Denton Parks and Recreation will install the playground up to TWO-HUNDRED SIXTY THOUSAND DOLLARS ($260,000), plus a maximum of THREE PERCENT (3%) in contingency cost. The playground will be installed within one hundred fifty (150) days when the Developer completes the agreed-upon construction depicted on Exhibit “F”, to the maximum cost identified on Exhibit “F”, and upon acceptance by the Director of Parks and Recreation. 8. Costs of the Park Improvements. Developer will commit to build the Park per the total cost and design identified on Exhibit “F”. An estimate of the costs of the ParkImprovements is contained on Exhibit “F” attached to this Agreement and incorporated herein by reference for all purposes. Upon written request therefore,Developer shall provide invoices to the City to establish the actual cost for the construction and installation of the Park Improvements (the “Actual ParkImprovement Costs”). The City, in its sole discretion, will determine if the Actual Park Improvement Costs are reasonable; provided, however, any actual costs or invoice amounts which are no more than five percent (5%) above the amount for such item(s) shown on the estimate attached hereto as Exhibit “F” shall be deemed reasonable for purposes hereunder. expressly merged in this Agreement. Each party hereto disclaims any reliance on any facts, promises, undertakings, or representations (oral or written) made by any other party, or his agent or attorneys, prior to or contemporaneous to the date of execution of this Agreement. 2. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assIgns. 3. All parties acknowledge that this Agreement is the result of substantial negotiation between the parties. All parties further acknowledge that each party and its legal counsel have reviewed, revised, and contributed to this Agreement; so that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement, nor anyamendments or exhibits thereto. 4. 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, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and thisAgreement shall be construed as if such invalid, illegal, or unenforceable provisionhad never been contained herein. 5. All notices required to be given under this Agreement shall be given in writing andshall be effective when actually delivered or when deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the addresses shown below. Any party may change its address for notices under this Agreement by giving written notice to the other parties, specifying that the purpose ofthe notice is to change the party’s address. For notice purposes, each party agrees to keep the other informed at all times of its current address. To City: City Manager City of Denton City Hall 215 E. McKinney Denton, Texas 76201 To Developer: Keith Hardesty First Texas Homes, Inc. 500 Crescent Court, Suite 350 Dallas, TX 75201 6. This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for any suit to enforce the terms and conditions of this Agreement shall be a court of competent jurisdiction inDenton County, Texas. 7. This Agreement may be executed in multiple counterparts, by one or more signatories, separately and each of such counterparts shall be deemed an original for all purposes, and all such signed counterparts shall constitute but one and the same instrument. Signed to be effective the 22 day of tiMe}\, 2022 (the “Effective Date”). Lsignatures on following page\ DEVELOPER: First Texas Homes, Inc. By, k– L„'-'''-------–Keith Hardesty Title: blvBJ2b PN5;&nJ CITY 0 ON interim City Manager Sara Hensley 215 E. McKinney Denton, Texas 76201 ATTEST: ROSA RIOS, CITY SECRETARY By:a APPROVED AS TO LEGAL FORM:MACK REINWA dD. CITY ATTORNEY ;~.. d(„ LL,'„.„„,( THIS AGREEMENT HAS BEENBOTH REVIEWED AND APPROVED as to financial and operational obligationsand business terms. SIGNATURE GARY PACKAN PRrNTED NAME DIRECTORTITLE PARKS AND RECREATION DEPARTMENT ACKNOWLEDGMENTS STATE OF TEXAS } COUNTY OF DENTON } LIIrII?TJ;X g o i n g ? ; i;120 T: esnJr : gJeT ieT) = : r = ?1; tFrnf: r: r TFt = #ansI Texas home-rule municipal corporation, on behalf of said municipal corporation. IN WITNESS WHEREOF. and year before written.I have hereunt9et my hand and seal the day TRACY R. HOLT My Notay ID # 133164724 Expires June 21. 2025 NmW 4// P=it–e-d &Z :nRC ;/a7;\–My commission expires: My commission is in STATE OF TEXAS } COUNTY OF DENTON } Wh%:"”:”= ?; i; yE:=:tH:=::,H€=H:#§LTd/rtFobit%*::Homes, Inc., a Texas corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and yearbefore written MANotary PubiidC\\AMY CLARK Notary ID # 13195 5 74 ExPiresMY CommissionMarch 28 2023 tLReK- A:: =E:i= = T: ?i r S}OnA \:o RIe 1Z][rII I&q) Exhibit " A" Final Plat (Will be attached when approved) Exhibit “B” Special Warranty Deed EXHIBIT “B” NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOUMAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATIONFROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTYBEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIALSECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS i COUNTY OF DENTON §KNOW ALL MEN BY THESE PRESENTS That First Texas Homes, Inc. (herein called “Grantor”), for and in consideration of the sum ofTEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, a Texas Home Rule Municipal Corporation (herein called “Grantee”), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all of that certain approximate 23.1acre tract or parcel of real property, together with appurtenances thereon and improvements thereto, including all right, title and interest in all adjacent public streets and public rights-of-way(if any), more particularly described as: Lot 35, Block B & Lot 36, Block B, of the Parkside Addition, according to the final plat thereof recorded as Document No. 2022-XX, Plat Records of Denton County, Texas (the “Property”). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Grantor, their heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form,in connection with or related to the reserved oil, gas, and other minerals, and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities,tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same. As used herein, the term “other minerals” shall include oil, gas, and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term “other minerals” as utilized herein, shall be in accordance with that set forth in Reed v. W)' ae, 597 S. W.2d 743 (Tex. 1980) As used herein, the term “surface of the Property” shall include the area from the surface of the earth to a depth of five hundred feet (500’) below the surface of the earth and all areas abovethe surface of the earth. Grantor hereby assigns to Grantee, without recourse or representation, any and all claimsand causes of action that Grantor may have for or related to any defects in, or injury to, the Property . THIS CONVEYANCE is made and accepted subject to those matters set forth on exhibit “B” attached hereto and incorporated herein by reference (the “Permitted Exceptions”). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee’s successors and assigns forever; and Grantor does hereby bind Grantor and Grantor’s successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the 1 1 day of Martin , 2022. L ( / <PRINT GRANTOR NAME> ACKNOWLEDGMENT _HOP=-A- THE STATE OF (&VOL 3 § COUNTY OF § This instrument was acknowledged before me on tRIPth \ \ , 2022 byX”U"+hll /\ A Notary Public,aTexas My commission expires AMY CLARK Notary ID #131951574My Commission ExpiresMarch 28. 2023 Upon Filing Return To: City of Denton Capital Projects – Real Estate401 N. Elm St. Denton, TX 76201Exhibit “C” ROW Special Warranty Deed Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 Exhibit A PERMITTED EXCEPTIONS The following, as set forth on plat recorded under Instrument No. 2022- , Plat Records of Denton County, Texas: Public Utility Easement 30 feet in width along the western boundary of the Park Land Dedication Lot as set forth in instrument filed for record in Document Number 2022- , Deed Records of Denton County, Texas, and being described and located therein. Exhibit “C” Right of Way Special Warranty Deed EXHIBIT “C” NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOUMAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATIONFROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTYBEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIALSECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON §KNOW ALL MEN BY THESE PRESENTS That First Texas Homes, Inc, (“Grantor”), whose address is 500 Crescent Court, Ste. 350, Dallas, TX, 75201 for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($ 10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, Texas, a Texas Home Rule Municipal Corporation (hereinafter called “Grantee”), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described on Exhibit “A”, attached hereto and made a part hereof for all purposes, and beinglocated in Denton County, Texas, together with any and all rights or interests ofGrantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the “Property”). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, their heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form,in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities,tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term “other minerals” shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term “other minerals” as utilized herein, shall be in accordance with that set forth in Reed v. W)' Ne, 597 S. W.2d 743 (Tex. 1980) As used herein, the term “surface of the Property” shall include the area from the surface of the earth to a depth of five hundred feet (500’) below the surface of the earth and all areas abovethe surface of the earth. Grantor hereby assign to Grantee, without recourse or representation, any and all claimsand causes of action that Grantor may have for or related to any defects in, or injury to, the Property . TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee’s successors and assignsforever; and Grantor do hereby bind Grantor and Grantor’s successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee’s successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but nototherwise. EXECUTED the 1 1 day of yumth , 2022. Grantor: First Texas Homes. Inc a Texas Corporation,,, L c ,–Name b ,b,\lh pds;lz I,.t Title ACKNOWLEDGMENT THE STATE OF ,S § 1C 1C) 1L][ ]N1 1r IiIrr 1C) F b CA\ \ (B § This instrument was acknowledged before me on rv\ fl,Ch \ \ , 2022 by teA\ Quanv AMY CLARK Notary ID #131951574 My Commission ExpiresMarch 28. 2023 Upon Filing Return To: City of Denton-Real Estate401 N. Elm Street Denton, TX 76201 AHn: Deanna Cody Property Tax Bills To: City of Denton Finance Department 215 E. McKinney StreetDenton. TX 76201 Exhibit ”C” EXHIBIT “A”HICKORY CREEK ROAD REVISION DATE: OCTOBER 12. 202 1 PAGE 1 OF 6OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTION FOR PARCEL 6 BEiNG A 4.6926 ACRE (204,409 SQUARE FEET) TRACT OF LAND IN THE M. ROGERS SURVEY,ABSTRACT NO. 1181. DENTON COUNTY. TEXAS. AND BEING A PART OF THAT CALLED62.397 ACRE TRACT OF LAND DESCRIBED TO FIRST TEXAS HOMES. INC. EXECUTEDAUGUST 9, 2a21 RECORDED IN INSTRUMENT NUMBER 2021.145008 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (0.P.R.D.C.T,), SAID 4.6926 ACRE TRACT OFLAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH CAPPED IRON ROD FOUND (CIRF) YELLOW PLASTIC CAPSTAMPED “COLEMAN RPLS 4001” AT THE NORTHEAST CORNER OF A CALLED 5 ACRETRACT OF LAND DESCRIBED IN DEED TO TOMMY CALVERT AND CONNIE CARDWELL RECORDED IN INSTRUMENT NO, 201 1 .36571 0,P.R.D.C.T., SAME BEING THE SOUTHEASTCORNER OF A CALLED 14.5923 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 IN DEED TO TOMMIE DALE CALVERT RECORDED IN VOLUME 33 18. PAGE 908 0.P.R.D.C.T.. ALSO BEING IN THE WEST RIGHT-OF-WAY (ROW) LINE OF RIVERPASS (A VARIABLE WIDTHROW), FURTHER BEING IN THE APPROXIMATE EAST LINE OF SAID M. ROGERS SURVEY,AND IN THE COMMON APPROXIMATE WEST LINE OF THE N, BRITTON SURVEY, ABSTRACT NO. 51 ; THENCE, SOUTH 00 DEGREES 07 MINUTES 58 SECONDS WEST ALONG THE EAST LINEOF SAID 5 ACRE TRACT, SAME BEING A COMMON WEST ROW LINE OF RIVERPASS.ALSO BEING IN THE COMMON SAID APPROXIMATE SURVEY LINE, A DISTANCE OF562.18 FEET TO THE SOUTHEAST CORNER OF SAID 5 ACRE TRACT, SAME BEING THENORTHWEST CORNER OF A CALLED 1,788 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF DENTON. TEXAS RECORDED IN INSTRUMENT NUMBER 2003-959080.P.R,D.C,T,. ALSO BEING THE NORTHERNMOST NORTHEAST CORNER OF A CALLED 26ACRE TRACT OF LAN D DESCRIBED IN DEED TO WALTER EDWARD LEATHERWOODAND THOMAS JACK ROBERTSON RECORDED IN VOLUME 496, PAGE 241 0.P.R.D.C.T.,FURTHER BEING THE APPROXIMATE SOUTHEAST CORNER OF SAID M, ROGERSSURVEY AND THE APPROXIMATE SOUTHWEST CORNER OF SAID N. BRITTON SURVEYAND IN THE NORTH LINE OF THE J. ROGERS SURVEY. ABSTRACT NO. 1084. FROMWHICH A 5/8 INCH CIRF YELLOW PLASTIC CAP “ILLEGIBLE" BEARS SOUTH 00 DEGREES44 MINUTES 34 SECONDS EAST, A DISTANCE OF 55,00 FEET MARKING THE SOUTHWESTCORNER OF SAID 1 788 ACRE TRACT: Exhibit “C“ EXHIBIT “A“HICKORY CREEK ROAD REVISION DATE: OCTOBER 12, 2021 PAGE 2 OF 6 OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTION FOR PARCEL 6 THENCE, SOUTH 89 DEGREES 07 MINUTES 46 SECONDS WEST ALONG THE SOUTH LINEOF SAID 5 ACRE TRACT. SAME BEING THE NORTH LINE OF SAID 26 ACRE TRACT, ANDALONG THE SOUTH LINE OF A CALLED 0.3849 ACRE TRACT OF LAND DESCRIBED INDEED TO TOMMIE DALE CALVERT RECORDED IN VOLUME 3318, PAGE 915 0.P.R.D.C,T.,AND ALONG THE SOUTH LINE OF A CALLED 0.3847 ACRE TRACT OF LAND DESCRIBED IN DEED TO CONNIE ANN CARDWELL RECORDED IN VOLUME 3318, PAGE 9190.P.R.D.C.T., AND ALONG THE SOUTH LINE OF A CALLED 2.61 ACRE TRACT OF LANDDESCRIBED AS TRACT ONE IN DEED TO E.D. CALVERT, JR. AND WILLIAM THOMASCALVERT RECORDED IN VOLUME 1496, PAGE 921 0.P.R.D.C.T., ALSO BEING iN THEAPPROXIMATE SOUTH LINE OF SAID M. ROGERS SURVEY AND THE COMMON APPROXIMATE NORTH LINE OF SAID J. ROGERS SURVEY, A DISTANCE OF 609,31 FEETTO A MAG NAIL FOUND AT THE SOUTHEAST CORNER OF SAID 62.397 ACRE TRACT,SAME BEING THE SOUTHWEST CORNER OF SAID 2.61 ACRE TRACT, ALSO BEING THEPOINT OF BEGINNING, HAVING A COORDINATE OF NORTH 7,104,078.44 FEET, EAST 2,388,373.96 FEET 1)THENCE SOUTH 89 DEGREES 07 MINUTES 46 SECONDS WEST ALONG THE SOUTHLINE OF SAID 62.397 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 26 ACRETRACT. SAME BEING THE COMMON APPROXIMATE SURVEY LINE, A DISTANCE OF456.51 FEET TO THE SOUTHERNMOST SOUTHWEST CORNER OF SAID 62.397 ACRETRACT, SAME BEING THE SOUTHEAST CORNER OF A CALLED 0.18 ACRE TRACT OFLAND DESCRIBED AS THE FOURTH TRACT TO GULF, COLORADO AND SANTA FERAILWAY COMPANY RECORDED IN VOLUME 433, PAGE 250 0.P.R.D.C.T., ALSOBEING THE NORTHEAST CORNER OF A CALLED 0.15 ACRE TRACT OF LANDDESCRIBED AS THE SECOND TRACT TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY RECORDED IN VOLUME 433, PAGE 152 0,P.R.D.C.T.; 2)THENCE NORTH 00 DEGREES 50 MINUTES 49 SECONDS EAST ALONG A WESTERLYLINE OF SAID 62.397 ACRE TRACT. SAME BEING THE COMMON EAST LINE OF SAID0. 18 ACRE TRACT. A DISTANCE OF 25.00 FEET TO AN INTERIOR ELL CORNER OF SAID62.397 ACRE TRACT. SAME BEING THE NORTHEAST CORNER OF SAID 0.18 ACRETRACT 3)THENCE NORTH 84 DEGREES 25 MINUTES 46 SECONDS WEST ALONG A SOUTHERLYLINE OF SAID 62.397 ACRE TRACT, SAME BETNG THE COMMON NORTH LINE OF SAID0.18 ACRE TRACT, A DISTANCE OF 226.20 FEET TO THE NORTHWEST CORNER OFSAID 0.18 ACRE TRACT. SAME BEING IN THE EAST LINE OF A CALLED 2.82 ACRETRACT OF LAND DESCRIBED AS THE THIRD TRACT TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY RECORDED IN VOLUME 433, PAGE 150 0.P.R.D.C. T.; 4) THENCE NORTH 26 DEGREES 22 MINUTES 15 SECONDS WEST ALONG A WESTERLYLINE OF SAID 62.397 ACRE TRACT, SAME BEING THE COMMON EAST LINE OF SAID2.82 ACRE TRACT. A DISTANCE OF 3.87 FEET TO A CIRS ON THE NORTHERLYPROPOSED ROW LINE OF HICKORY CREEK ROAD; Exhibit "C" EXHIBll' "A“HICKORY CREEK ROAD REVISION DATE: OCTOBER 12, 2021OWNERSHIP CHANGE PAGE 3 OF 6ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTiON FOR PARCEL 6 5) THENCE OVER AND ACROSS SAID 62.397 ACRE TRACT AND ALONG NORTHERLYPROPOSED ROW LINE OF HICKORY CREEK ROAD AS FOLLOWS 6) NORTH 89 DEGREES 54 MrNUTES 19 SECONDS EAST, A DISTANCE OF 140,33FEET TO A CIRS; 7) NORTH 00 DEGREES 08 MINUTES 56 SECONDS WEST, A DISTANCE OF 158,44FEET TO A CIRS; 8) NORTH 89 DEGREES 51 MINUTES M SECONDS EAST, A DISTANCE OF 98.77 FEETTO A CIRS; 9) NORTH 00 DEGREES 08 MINUTES 56 SECONDS EAST, A DISTANCE OF 330,48FEET TO A CIRS; 10) NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 285.40 FEET TO A CIRS; 11) SOUTH 00 DEGREES 08 MINUTES 56 SECONDS EAST, A DISTANCE OF 329,73FEET TO A CIRS; 12) NORTH 89 DEGREES 51 MINUTES 04 SECONDS EAST, A DISTANCE OF 148.99FEET TO A CIRS IN THE EAST LINE OF SAID 62.397 ACRE TRACT, SAME BEINGIN THE COMMON WEST LINE OF SAID 2.61 ACRE TRACT; 13) THENCE SOUTH 02 DEGREES 46 MINUTES 28 SECONDS EAST ALONG SAID COMMONLINE, SAME BEING THE NORTHERLY PROPOSED ROW LINE OF HICKORY CREEKROAD. PASSING A CIRS IN THE NORTHERLY PROPOSED ROW LINE OF HICKORYCREEK ROAD AT A DISTANCE OF 137,64 FEET. CONTINUING ALONG SAID COMMONLINE, A TOTAL DISTANCE OF 203.78 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.6926 ACRE (204,409 SQUARE FEET) OF LAND Exhibit “C“ EXHIBIT ''A’=HICKORY CREEK ROAD REVISiON DATE: OCTOBER 12, 2021 PAGE 4 OF 6 OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTION FOR PARCEL 6 A PARCEL PLAT OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PROPERTYDESCRIPTiON I HEREBY CERTIFY THAT THIS PLAT WAS MADE FROM AN ON THE GROUND SURVEY PERFORMED BY LAMB-STAR ENGINEERING FROM JUNE TO DECEMBER OF 2019. WITH THESET ROW MONUMENTATION COMPLETED ON SEPTEMBER 20. 2021 UNDER MY DIRECTSUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF BASIS OF BEARING: TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83 (2011 ), NORTHCENTRAL ZONE (4202), ALL DISTANCES AND COORDINATES SHOWN HEREON ARESURFACE AND SCALED FROM 0,0 USING A TxDOT SURFACE ADJUSTMENT FACTOR OF1.000 1 5063 COORDINATE VALUES DERIVED USING THE LEICA SMARTNET NETWORK RESEARCH FOR PROPERTY RECORDING INFORMATiON SHOWN HEREON WASPERFORMED BY LAMB-STAR ENGINEERING IN APRIL 2019 TO FEBRUARY 2020 FIRM REGISTRATION CERTIFICATE NO. 1 o 194450 MSCarT MTEXAS RE LAMB.STAR ENGINEERING, L.L.C 5700 W. PLANO PARKWAY, SUITE 1000PLANO, TEXAS 75093 PH. (2 14) 440-3600TBPLS # 10048300SEPTEMBER 202 1 8C)0+)-FIn a daALLI in ar)ar) XLLI Sg eEI(') F– I B0to(r)# E :i:::i 1::: 1: i C/)gE a <0a(YLLILLIOfV >-a(0YC)I jg Y8 + gor < f)'(C) I C)7 Dalgfca trI ! <Zaac g X;;g C) ZF(/)Ix cr)Z <a ?)C)Hi kx B00( C)ZFcr)Xlu 0( BXP P i g E001$9 g acrE qCa >-SInc C); Z B :+ Qi6Qua>:8:V- anF-JLOaD; Q k ==1OB0la dZ <C) U) 6 <gC) Fc =fra a -X ] J qFV)srqF00 cr) C)Zg (MOU HlaIM 319vluva v)SSVd N tAId mgf7T :1 00 bZ0 g h8dE ! =C) OK>-000a oVER =C),BL'Z9g R\ ;is.zo.oo s dm Lf) Lr) I C)Fcr) <1 : CooBqr IEIIIIEI111I11) J :F cr) <qr LJ X :10gni tC b +-!! 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I I II II II I I II I I trI < PbunI)-g 10aq h:%0(2; FC)=<asuB +I I I I aLLI <(C) -1 Z C:L)Z0Z \na gC) FrVa at C) b 11 -) bc-( a) al5 <gP3C)LLIXLa aAI n/ 8acZ0acaFa q I CN0Og 137.64 R g9 : o2 ] gig ON C)ZZZ CD8 B Z6aI acLLIon0F-C)0 >-g b IC)Re 11 B0 aZ8a0at 6 11 Li dd >0 cr) >LLInc9 JO 9 ]9Vd ]N!]H31vr\1===== ===n•Hl•addal ac 9 10 G–- – TdIIb ;Rf i !: lava ]NlIH:)LV n ; E i g : 93Z : : : g g i d: :t1 Rug ac03 Z Za < + a E PIan a<(00( brLLJLLIOfC) >-nc0YC)I WJOCXLU S 00-08’56" cr)2 <flaC)g E # 8 Z<gz g 9on(zy a29.73’ IBLuIDC T[ <C) EC)ZDagaB D7( > <Za0(00C) Z Q 6 ej F g bEg P <a >A d/EgQC > Nag bCa(0Ba LLII LL Bq itBbc: 1(n11) E 14 S <( }-aa<(0 J Z0 Z < j LL ! < C) n\ III[<'-)LLI IdLL Lr)an U)ai0aP FCcr) fri Z3 IIIC)Z<(IC)a][cr)0(LLIZB0 LL C) I I I I I I I I 7a I I <f) I I I I aZ II II II E a F Vd a $ 8 :W I q:!:;!;;ii::;?iigi I yi C/) I I Fa\I0r\1 cN 8 8 :Eg : 5 I I O\Ir- 00 I 0(LIon0}-C)0<C) C)I ;g '0In I Z0 cr) >LLIac'0 Exhibit “D” Dedication Lots EXHIBIT D 9 Wk Jl&An 26 1 27l78 30® 9 dy;c3jIFn ftP iii }#i nEwBWGrE{rn==IEI:HIjRT APPROXIMATE LOCATION OFFUTURE MONUMEbrr SIGN FOR THEPARKSIDE DEVELOPMEvr TO BEMAlbrrAINED BY THE PARKSIDE HOA ciPr OF DENTON DEDICATION LOT (4.883 ACRES)HOA OPEN SPACE LOTS (TOTAL 5) PARK LAND DEDICATION LOT BLOCK B LOT 35X(17.998 ACRES)PROPOSED HICKORY CREEK ROAD R.0.WDEDICATION,m PARKSIDE RESIDENTIAL LOTS (TOTAL 156)B an a HIgH PARK LAND PURCHASE LOT BOUNDARY(4.88 ACRES) SCALE 1"=400' DATE I 2121 Midway RoadSuite 300DRAWN CAW PROJECT 01 /18/2022 FTH027 Carrollton, Texas 75006 972.248.7676 TBPE No. F.438ZJillllq;blIHu Exhibit “E” Conceptual Master Plan gi :\\}\g g! !a /. (a I fi Z<-JL bZnz<a OZLUb-cr)<E-,J<3F-LLUC)Z0C) ///I I IA/0'/Ol ', 1 /6)I i 1- 00 :[XLU ++ nI 9/ (1(9 -\O a ’b J gLUbacgg hI Bat1ggn J.g8 bH O+Or g at L I II I i i \ \ \ \ \ \ $ Piaz a Qaa igIii \ \ i AE1:\ Exhibit “F” Park Development Cost Estimate & Plan EXHIBIT F Preliminary Cost Estimate- Hardscape and Landscape Parkside Denton, Texas JBI Project No. FTH027 Date: 9/27/2021 Prepared By: R. Graciano & COD Staff BV Developer mMa MsTe grubb;IM3TFiiiT;aTi;a 1 Inmmiiii;LiE@mM ®8' Wide Rampe iiaiTF L aBIG==F=GiTpINe mDoM$/!BtwtBtm© emd Founta$H MT Units AC LS LF SF SF SF SF LF LF LS EA EA EA LS EA Cost $ 6,000.00 $ 20,000.00 $ 2.50 $ 5.00 $ 6.50 $ 6.50 $ 8.00 $ 135.00 $ 55.00 $ 260,000.00 $ 2,000.00 $ 1,000.00 $ 500.00 $ 5,000.00j 45,000.oo Quantity 3 1 2,100 4,257 8,717 @@] 640 322 322 1 4 4 2 2 1 Br: [i FiEFiB [iBr: FiBFi FiB Tona 15,000.00 20,0001@ 5,250.00 21,285.00 g£aB©BbI 11,180.00 5, 129l898 43,470.00 17,710.00 Mo 8,000.00 4,000.00 1 10,oo.BEtB 45,000.00 $263,675.50 B. Tandscape mo Mr :a Sod r L TOTAL nEMs SY SF SF Mot! $ 3.75 $ 0.15 $ 0.75 Total[flmm8 rs-DI;6:66- $101,931.75 B;9lCbI4851 103,000 SUBTOT dN A - HAEbBS@M SUBTOTAL gISJBFFIEnI®WB $101,931.75 10% CONTINGENCY TOTAL (ESTIMATE)$428, 167.98 DENTON PARKS & REC - PLAYGROUND INSTALLATION COMPLETION BY DEVELOPER)$260,000.00mRMWETROLLER - Mr dodd. mr Bc varies!@siBz 12 station 24 statIon 36 station $5.650.46 - $10,398.01 (varies) 48 statIon - $10,398.01 FLOW METER - Arad hydrometer/master valve. Price varies by size: 2” - $670.74 3” - $1,133.00 4" - $1,722.16 r.5“-s670.74 $670.74 - $1,722.16 (varies) DRINKING FOUNTAIN- Models 10155 SM & 10155SMSS MDF with a bottle fIller, handIcap bowl, and dog fountaIn. Surface mount, staInless steel w/powder coat.54,865.oo gE g g} {a C/)b-ZLUSLU>0OZaE= bZnz<a OZLLIa0-JLU>LLIa g" iii /Z};! Exhibit “G” Right of Way Hickory Creek Road Survey EXHIBIT “G” HICKORY CREEK ROAD REVISION DATE: OCTOBER 12, 2021 PAGE 1 OF 6OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTION FOR PARCEL 6 BEING A 4.6926 ACRE (204,409 SQUARE FEET) TRACT OF LAND IN THE M. ROGERS SURVEY,ABSTRACT NO. 1088, DENTON COUNTY, TEXAS, AND BEING A PART OF THAT CALLED62.397 ACRE TRACT OF LAND DESCRIBED TO FIRST TEXAS HOMES, INC. EXECUTEDAUGUST 9, 2021 RECORDED IN INSTRUMENT NUMBER 2021-145008 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (0.P.R.D.C.T.), SAID 4.6926 ACRE TRACT OFLAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS COMMENCING AT A 1/2 INCH CAPPED IRON ROD FOUND (CIRF) YELLOW PLASTIC CAPSTAMPED “COLEMAN RPLS 4001” AT THE NORTHEAST CORNER OF A CALLED 5 ACRETRACT OF LAND DESCRIBED IN DEED TO TOMMY CALVERT AND CONNIE CARDWELLRECORDED IN INSTRUMENT NO. 2011-36571 0.P,R.D.C.T., SAME BEING THE SOUTHEASTCORNER OF A CALLED 14.5923 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 IN DEEDTO TOMMIE DALE CALVERT RECORDED IN VOLUME 33 18, PAGE 908 0.P.R.D.C.T., ALSOBEING IN THE WEST RIGHT-OF-WAY (ROW) LINE OF RIVERPASS (A VARIABLE WIDTHROW), FURTHER BEING IN THE APPROXIMATE EAST LINE OF SAID M. ROGERS SURVEY,AND IN THE COMMON APPROXIMATE WEST LINE OF THE N. BRITTON SURVEY, ABSTRACT NO. 51 ; THENCE, SOUTH 00 DEGREES 07 MINUTES 58 SECONDS WEST ALONG THE EAST LINEOF SAID 5 ACRE TRACT, SAME BEING A COMMON WEST ROW LINE OF RIVERPASS,ALSO BEING IN THE COMMON SAID APPROXIMATE SURVEY LINE, A DISTANCE OF562.18 FEET TO THE SOUTHEAST CORNER OF SAID 5 ACRE TRACT, SAME BEING THENORTHWEST CORNER OF A CALLED 1.788 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF DENTON. TEXAS RECORDED IN INSTRUMENT NUMBER 2003-959080.P.R.D.C.T.. ALSO BEING THE NORTHERNMOST NORTHEAST CORNER OF A CALLED 26ACRE TRACT OF LAND DESCRIBED IN DEED TO WALTER EDWARD LEATHERWOOD AND THOMAS JACK ROBERTSON RECORDED IN VOLUME 496, PAGE 241 0.P.R.D.C.T.,FURTHER BEING THE APPROXIMATE SOUTHEAST CORNER OF SAID M. ROGERSSURVEY AND THE APPROXIMATE SOUTHWEST CORNER OF SAID N. BRITTON SURVEYAND IN THE NORTH LINE OF THE J. ROGERS SURVEY. ABSTRACT NO. 1084, FROMWHICH A 5/8 INCH CIRF YELLOW PLASTIC CAP “ILLEGIBLE" BEARS SOUTH 00 DEGREES44 MINUTES 34 SECONDS EAST, A DISTANCE OF 55.00 FEET MARKING THE SOUTHWESTCORNER OF SAID 1.788 ACRE TRACT; EXHIBIT “G“HICKORY CREEK ROAD REVISION DATE: OCTOBER 12, 2021 PAGE 2 OF 6 OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTiON FOR PARCEL 6 THENCE. SOUTH 89 DEGREES 07 MINUTES 46 SECONDS WEST ALONG THE SOUTH LINEOF SAID 5 ACRE TRACT, SAME BEING THE NORTH LINE OF SAID 26 ACRE TRACT. ANDALONG THE SOUTH LINE OF A CALLED 0.3849 ACRE TRACT OF LAND DESCRIBED IN DEED TO TOMMIE DALE CALVERT RECORDED IN VOLUME 3318, PAGE 915 0.P.R.D.C.T,,AND ALONG THE SOUTH LINE OF A CALLED 0.3847 ACRE TRACT OF LAND DESCRIBEDIN DEED TO CONNIE ANN CARDWELL RECORDED IN VOLUME 3318. PAGE 9190.P.R.D.C.T,, AND ALONG THE SOUTH LINE OF A CALLED 2.61 ACRE TRACT OF LANDDESCRIBED AS TRACT ONE IN DEED TO E.D, CALVERT, JR. AND WILLIAM THOMASCALVERT RECORDED IN VOLUME 1496, PAGE 921 0.P.R.D.C.T., ALSO BEING IN THEAPPROXIMATE SOUTH LINE OF SAID M. ROGERS SURVEY AND THE COMMONAPPROXIMATE NORTH LINE OF SAID J. ROGERS SURVEY, A DISTANCE OF 609.31 FEETTO A MAG NAIL FOUND AT THE SOUTHEAST CORNER OF SAID 62.397 ACRE TRACT.SAME BEING THE SOUTHWEST CORNER OF SAID 2.61 ACRE TRACT, ALSO BEING THEPOINT OF BEGINNING, HAVING A COORDINATE OF NORTH 7.104.078,44 FEET. EAST 2,388,373.96 FEET 1)THENCE SOUTH 89 DEGREES 07 MINUTES 46 SECONDS WEST ALONG THE SOUTHLINE OF SAiD 62.397 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 26 ACRE TRACT, SAME BEING THE COMMON APPROXIMATE SURVEY LINE, A DISTANCE OF456.51 FEET TO THE SOUTHERNMOST SOUTHWEST CORNER OF SAID 62,397 ACRETRACT, SAME BEING THE SOUTHEAST CORNER OF A CALLED 0.18 ACRE TRACT OFLAND DESCRIBED AS THE FOURTH TRACT TO GULF. COLORADO AND SANTA FERAILWAY COMPANY RECORDED IN VOLUME 433. PAGE 250 0.P.R.D,C.T.. ALSOBEING THE NORTHEAST CORNER OF A CALLED 0.15 ACRE TRACT OF LANDDESCRIBED AS THE SECOND TRACT TO GULF. COLORADO AND SANTA FE RAILWAY COMPANY RECORDED IN VOLUME 433, PAGE 152 0,P,R.D.C.T.; 2)THENCE NORTH 00 DEGREES 50 MINUTES 49 SECONDS EAST ALONG A WESTERLYLINE OF SAID 62.397 ACRE TRACT, SAME BEING THE COMMON EAST LINE OF SAID0. 18 ACRE TRACT. A DISTANCE OF 25.00 FEET TO AN INTERIOR ELL CORNER OF SAID62.397 ACRE TRACT. SAME BEING THE NORTHEAST CORNER OF SAID 0,18 ACRETRACT 3)THENCE NORTH 84 DEGREES 25 MINUTES 46 SECONDS WEST ALONG A SOUTHERLYLINE OF SATD 62 397 ACRE TRACT. SAME BEING THE COMMON NORTH LINE OF SAID0.18 ACRE TRACT, A DISTANCE OF 226.20 FEET TO THE NORTHWEST CORNER OFSAID 0.18 ACRE TRACT, SAME BEING IN THE EAST LINE OF A CALLED 2.82 ACRETRACT OF LAND DESCRIBED AS THE THIRD TRACT TO GULF, COLORADO AND SANTA FE RAILWAY COMPANY RECORDED IN VOLUME 433, PAGE 150 0.P.R.D.C.T. I 4) THENCE NORTH 26 DEGREES 22 MINUTES 15 SECONDS WEST ALONG A WESTERLYLINE OF SAID 62.397 ACRE TRACT. SAME BEING THE COMMON EAST LINE OF SAID2.82 ACRE TRACT. A DISTANCE OF 3.87 FEET TO A CIRS ON THE NORTHERLYPROPOSED ROW LINE OF HICKORY CREEK ROAD; EXHIBIT "G“HICKORY CREEK ROAD REVISION DATE: OCTOBER 12, 2021OWNERSHIP CHANGE PAGE 3 OF 6ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTiON FOR PARCEL 6 5) THENCE OVER AND ACROSS SAID 62.397 ACRE TRACT AND ALONG NORTHERLYPROPOSED ROW LINE OF HICKORY CREEK ROAD AS FOLLOWS 6) NORTH 89 DEGREES 54 MrNUTES 19 SECONDS EAST, A DISTANCE OF 140.33FEET TO A CIRS: 7) NORTH 00 DEGREES 08 MINUTES 56 SECONDS WEST, A DISTANCE OF 158.44FEET TO A CIRS; 8) NORTH 89 DEGREES 51 MINUTES 04 SECONDS EAST, A DISTANCE OF 98.77 FEETTO A CIRS; 9) NORTH 00 DEGREES 08 MINUTES 56 SECONDS EAST, A DISTANCE OF 330.48FEET TO A CIRS; 10) NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 285.40 FEET TO A CIRS; 11) SOUTH 00 DEGREES 08 MINUTES 56 SECONDS EAST, A DISTANCE OF 329.73FEET TO A CIRS; 12) NORTH 89 DEGREES 51 MINUTES 04 SECONDS EAST, A DISTANCE OF 148.99FEET TO A CIRS IN THE EAST LINE OF SAID 62.397 ACRE TRACT. SAME BEINGIN THE COMMON WEST LINE OF SAID 2.61 ACRE TRACT; 13) THENCE SOUTH 02 DEGREES 46 MINUTES 28 SECONDS EAST ALONG SAID COMMONLINE, SAME BEING THE NORTHERLY PROPOSED ROW LINE OF HICKORY CREEKROAD, PASSING A CIRS IN THE NORTHERLY PROPOSED ROW LINE OF HICKORYCREEK ROAD AT A DISTANCE OF 137.64 FEET. CONTINUING ALONG SAID COMMONLINE, A TOTAL DISTANCE OF 203.78 FEET TO THE POINT OF BEGINNING ANDCONTAINING 4.6926 ACRE (204,409 SQUARE FEET) OF LAND. EXHIBIT ''G=’HICKORY CREEK ROADREVISION DATE: OCTOBER 12, 2021 PAGE 4 OF 6 OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTION FOR PARCEL 6 A PARCEL PLAT OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PROPERTYDESCRIPTION. I HEREBY CERTIFY THAT THIS PLAT WAS MADE FROM AN ON THE GROUND SURVEY PERFORMED BY LAMB.STAR ENGINEERING FROM JUNE TO DECEMBER OF 20 19, WiTH THESET ROW MONUMENTATION COMPLETED ON SEPTEMBER 20, 2021 UNDER MY DiRECTSUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF BASIS OF BEARING: TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83 (2011), NORTHCENTRAL ZONE (4202), ALL DISTANCES AND COORDINATES SHOWN HEREON ARESURFACE AND SCALED FROM 0,0 USING A TxDOT SURFACE ADJUSTMENT FACTOR OF 1.000 1 5063 COORDINATE VALUES DERIVED USING THE LEICA SMARTNET NETWORK RESEARCH FOR PROPERTY RECORDING INFORMATION SHOWN HEREON WASPERFORMED BY LAMB.STAR ENGINEERING IN APRIL 2019 TO FEBRUARY 2020. FIRM REGISTRATION CERTIFICATE NO, 1 0 194450 i€st$1 a## sCOTT M:F69ETEXAS REGISTRA le /JX/2 /DATE LAMB-STAR ENGINEERING. L,L.C5700 W. PLANO PARKWAY. SUITE 1000 PLANO, TEXAS 75093PH. 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I - g: iii gi: n ! ! ! Exhibit “K” Temporary Construction Easement Exhibit K NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWINGINFORMATION 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. TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS,§ § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON That First Texas Homes, Inc, whose mailing address is 500 Crescent Court, Ste. 350, Dallas, TX, 75201, for and in consideration of the sum of Ten and No/100 Dollars ($10.oo) and other good and valuable consideration in hand paid by the City of Denton, receipt of which is hereby acknowledged, has granted, bargained, sold and conveyed, and does by these presents grant, bargain, sell and convey unto the City of Denton (“Grantee”) a temporary construction easement in, along, upon, under, over and across the following described property (the “Property”), owned by Grantor, and situated in Denton County, Texas, located in the M. Rogers survey, Abstract No. 1080 PROPERTY AREA DESCRIBED AND DEPICTED IN EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the City of Denton, in consideration of the benefits above set out, will remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under and across said Property. The City of Denton, its agents, employees, contractors, workmen, and representatives shall have the right of ingress, egress and regress in, along, upon, under and across said Property for the purpose of construction activities or any part thereof. The term of this grant shall commence on , 2022 (the “Effective Date”) and shall expire two years from the Effective Date unless extended by written agreement of the parties, which consent shall not be unreasonably withheld. 1 TO HAVE AND TO HOLD unto the said City of Denton as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the L t day of pa 4/th , 2022. Grantor: First Texas Homes, Inc. a Texas Corporation By:Name O IUI~S/2'h PRS ;b „)Title ACKNOWLEDGMENT THE STATE OF lewIS COUNTY OF \ja.\Vh § § This instrumgnt was acknowledged befo _kaRl \laroV st, 7 _of said corporation, First ’l-exas Homes, 'e me on 2022, by on behalf(Name): rc. a Texis Corporation bAA Notary Publ My commis AMY CLARK Notary ID #131951574 My Commission ExpiresMarch 28. 2023 UPON FILING, RETURN TO: City of Denton-Real Estate401 North Elm. St. Denton, TX 76201 AHn: Deanna Cody EXHIBIT “K"HICKORY CREEK ROADREVISION DATE: OCTOBER 12, 202 1 PAGE 1 OF 3 OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTION FOR PARCEL 6.TCE- 1 BEING A o,3183 ACRE (13,863 SQUARE FEET) TRACT OF LAND IN THE M. ROGERS SURVEY,ABSTRACT NO. 1080, DENTON COUNTY, TEXAS, AND BEING A PART OF THAT CALLED62.397 ACRE TRACT OF LAND DESCRIBED TO FIRST TEXAS HOMES, INC. EXECUTEDAUGUST 9, 2021 RECORDED IN INSTRUMENT NUMBER 2021-145008 OF THE OFFICIAL PUBLIC RECORDS OF DENTON COUNTY, TEXAS (0.P.R.D.C. T.), SAID 0.3183 ACRE TRACT OFLAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, AT A 5/8 INCH CAPPED IRON ROD SET STAMPED “LAMB-STAR” (CIRS) ONTHE NORTHERLY PROPOSED RIGHT-OF-WAY (ROW) LINE OF HICKORY CREEK ROAD,SAME BEING IN THE WEST LINE OF SAID 62.397 ACRE TRACT, ALSO BEING IN THECOMMON EASTERLY LINE OF A CALLED 2.82 ACRE TRACT OF LAND DESCRIBED ASTHE THIRD TRACT IN DEED TO GULF, COLORADO AND SANTA FE RAILWAY COMPANYRECORDED IN VOLUME 433, PAGE 250 0.P.R.D.C.T., FURTHER BEING THE POINT OFBEGINNING, HAVING A COORDINATE OF NORTH 7,104,121.93 FEET, EAST 2,387,691.02FEET 1) THENCE, NORTH 26 DEGREES 22 MINUTES 15 SECONDS WEST ALONG SAIDCOMMON LINE, A DISTANCE OF 95.65 FEET; 2) THENCE, NORTH 89 DEGREES 51 MiNUTES 04 SECONDS EAST OVER AND ACROSSSAID 62.397 ACRE TRACT. A DISTANCE OF 182.59 FEET TO THE NORTHERLYPROPOSED ROW LINE OF HICKORY CREEK ROAD, FROM WHICH A CIRS BEARS NORTH 00 DEGREES 08 MINUTES 56 SECONDS WEST, A DISTANCE OF 72.50 FEET; 3) THENCE, SOUTH 00 DEGREES 08 MINUTES 56 SECONDS EAST ALONG THENORTHERLY PROPOSED ROW LINE OF HICKORY CREEK ROAD, A DISTANCE OF 85.94 FEET TO A CIRS; 4) THENCE, SOUTH 89 DEGREES 54 MINUTES 19 SECONDS WEST ALONG THENORTHERLY PROPOSED ROW LINE OF HICKORY CREEK ROAD, A DISTANCE OF 140.33 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.3183 ACRE (13,863SQUARE FEET) OF LAND EXHIBIT ''K'’HICKORY CREEK ROAD REVISION DATE: OCTOBER 12, 202 1 PAGE 2 OF 3 OWNERSHIP CHANGE ORIGINAL DATE: SEPTEMBER 20, 2021 PROPERTY DESCRIPTION FOR PARCEL 6-TCE- 1 A PARCEL PLAT OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PROPERTYDESCRIPTION I HEREBY CERTIFY THAT THIS PLAT WAS MADE FROM AN ON THE GROUND SURVEY PERFORMED BY LAMB-STAR ENGINEERING FROM JUNE TO DECEMBER OF 2019. WITH THESET ROW MONUMENTATION COMPLETED ON SEPTEMBER 20, 2021 UNDER MY DIRECTSUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF BASIS OF BEARiNG: TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83 (2011), NORTHCENTRAL ZONE (4202), ALL DISTANCES AND COORDINATES SHOWN HEREON ARESURFACE AND SCALED FROM 0.0 USING A TxDOT SURFACE ADJUSTMENT FACTOR OF 1.00015063 COORDINATE VALUES DERIVED USING THE LEICA SMARTNET NETWORK. RESEARCH FOR PROPERTY RECORDING INFORMATION SHOWN HEREON WASPERFORMED BY LAMB-STAR ENGINEERING IN APRIL 2019 TO FEBRUARY 2020 FIRM REGISTRATION CERTIFICATE NO. 10194450 lol q lz 1DATESCOTT M. POSEY.TEXAS REGISTR,ION NO. 5330 LAMB-STAR ENGINEERING. L.L.C5700 W. 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