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23-578 - INCOMPLETEORDINANCE NO. 23-578 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER,OR DESIGNEE. TO EXECUTE A LETrER DONATION AGREEMENT AND ACCEPTTHE GIFT AND DEDICATION OF A FEE SIMPLE INTEREST IN APPROXIMATELY3.7928 ACRES OF LAND LOCATED IN THE THOMAS TOBY SURVEY, ABSTRACTNO. 1285. AND BEING A PORTION OF TlIAT CERTAIN SEcrioN 3, TRACT FIVE:CITY AND COUNTY OF DENTON, TEXAS; AND PROVIDING FOR SEVERABILITYAND AN EFFECrIVE DATE. WHEREAS, Rayzor Investments, Ltd., a Texas limited partnership, has offered to gift and dedicate to the City of Denton (“City”) an approximately 3.7928 acre tract of land located in the Thomas Toby Survey, Abstract No. 1285, and being a portion of that certain Section 3, Tract Five City and County of Denton, Texas; and WHEREAS, the City has conducted its due diligence to determine the environmental condition of the property and desires to accept fee simple title to the property for future public uses; and WHEREAS, the City Council hereby finds that accepting the fee simple dedication willbenefit and serve the public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated by reference into the body of this Ordinance as if fully set forth herein. SECTION 2. The City Manager, or designee, is authorized to execute a letter donation agreement, attached hereto as Exhibit A, and accept on behalf of the City of Denton, the dedication of a fee simple interest in an approximately 3.7928 acre tract of land via a Special Warranty Deedattached hereto as Exhibit B. SECTION 3. The City Manager is further authorized to carry out all duties and obligations to accept the dedication and complete the title transfer. SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in thisordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. This ordinance shall become effective immediately upon its passage and approval. Th, m,d,,_t, ,pp,ove ths ordinan,ew„ m,d, by \J,35e_ EL , bby (lh, i J L, ),.+l { , the ordinance was passed and approved by the following vote K - a: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Jesse Davis. District 3: VACANT. District 4: Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6: ./ J–I– ,/ PASSED AND APPROVED thi, d„ al'*d,y ,f 2023. ATtEST: ROSA RIOS, CITY SECRETARY HArp, 2&za GERARD db 1\11111111 APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATrORNEY BY, la 4– If- Page 2 DocuSign Envelope ID: FIC5C7FE-0D7D-+F37-94B2-7BF709379BI C EXHIBIT; ALETrER DONATION AGREEMENT (GIn OF REAL PROPERTY) March 7, 2023 City of Denton-Capital Projects 215 E. McKinney StreetDenton, Texas 76201 AHn: Deanna Cody Dear Ms. Cody: This LETTER DONATION AGREEMENT is made by and between Rayzor Investments,Ltd., a Texas limited partnership ("OWNER"), and the City of Denton, a Texas home rulemunicipal corporation ("CITY'). This LETTER DONATION AGREEMENT is dated as of the first date hereinabove written as a matter of reference, but shall be effective only when executed bythe last to sign of the parties (the "Effective Date"). WHEREAS, OWNER is the owner of a certain tract of land located generally adjacent toand west of Western Boulevard, east of a natural creek area owned by CITY, and north of AirportRoad in the City of Denton, Denton County, Texas, such tract being described on ATTACHMENT1, attached hereto and incorporated herein by reference (the "Land"); and WHEREAS, CITY is a Texas home rule municipality which operates pursuant to the powers and duties made available to it under the laws of Texas, including for the advancement of health, morals, safety, convenience, or welfare of the CITY or its inhabitants ("Stated Purpose;and WHEREAS, to further the Stated Purpose of the CITY, OWNER desires to convey the Land to CITY as a gift and donation, and CITY desires to acquire the Land from OWNER as a giftand donation; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditionsassociated with the donation of the Land from OWNER to CITY. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the OWNER shall grant, execute and deliver to the CITY a donationdeed (the "Deed’') in the form attached hereto as ATTACHMENT 2 conveying fee simple title tothe Land to CITY, together with OWNER's rights and interest, if any, in and to all rights andeasements belonging or appurtenant to the Land, subject to the terms and conditions containedin the Deed (and provided, however, OWNER shall give no warranty of title or any other warrantyor assurance with respect thereto other than to discharge any Owner Monetary Liens as providedbelow) (the Land, together with all other above-described property interests, subject to the terms,conditions and exclusions contained herein and/or in the Deed is referred to as the "Property'’). Letter Donation AgreementCrouch Tract Pt 1. Page 1 of 4 DocuSign Envelope ID: FIC5C7FE-OD7D4F37-94B2-7BF709379BI C 2. The conveyance of the Property shall be a gift and donation by OWNER to CITY(the "Gift and Donation"). CITY will not give any consideration to the OWNER for theconveyance. . 3. OWNER hereby discloses that OWNER has previously sold and conveyed to RILMineral Holdings, LP, a Texas limited partnership ("RILMH") all of OWNERs right, title andinterest in the oil, gas, and an other minerals in, under and/or that may be produced from the Land and all associated rights with respect thereto ("Minerals") pursuant to the terms and conditionsof the Mineral Deed dated effective January 1 , 2007 and recorded as Document 2019-158501 inthe Official Records of Denton County, and that the Minerals have been leased to ER asdiscussed below. Accordingly all such Minerals and rights associated therewith are excludedfrom the Gift and Donation hereunder; however, the following surface use waivers have beenobtained with respect thereto ('Surface Waivers"): (i) RILMH has waived its rights to use thesurface of the Property pursuant to the terms, conditions, and exceptions in the Waiver andRelease of Surface Rights Agreement executed by RILMH, recorded as Doc. No. 202147592 inthe Official Records of Denton County and (ii) EagleRidge Energy II LLC ('ER'’), which holdsmineral lease rights in the Property by and through RILMH, has waived its rights to use the surfaceof the Property pursuant to the terms, conditions, and exceptions in the Waiver and Release ofSurface Rights Agreement executed by ER, recorded as Doc. No. 202147593 in the OfficialRecords of Denton County. OWNER makes no representations or warranties as to any of theabove or the extent of its or RILMH's ownership of or title to the Minerals, and CITY is advised toreview the status of title to the Property and the effect, extent and limitation of all Surface Waivers and satisfy itself with respect thereto. 4. The "Closing" shall occur in and through the office of Republic Title of Texas, 201Main St,, Suite 1400, Fort Worth, TX 76102 (Monica Hooks as Escrow Officer) ('Title Company"),with said ntle Company acting as escrow agent, on the date that is 30 days after the EffectiveDate, unless the OWNER and the CITY mutually agree, in writing, to an earlier or later date("ClosIng Date"). The OWNER shall convey the Property free and clear of all debts and liens incurred by, through, or under OWNER ("Owner Monetary Liens"), but otherwise subject to allexclusions provided herein and all Permitted Encumbrances (as defined in the Deed). 5. The OWNER shall furnish to CITY a boundary survey of the Property containingthe metes and bounds description and map depiction thereof. All other typical closing costsassociated with this transaction shall be paid specifically by the CITY, except for OWNER'sattorney's fees. 6. The CITY expressly acknowledges that the Property is being conveyed andaccepted AS-IS, WHERE-IS WITH ALL FAULTS, and OWNER makes no representations orwarranties, express or implied, with respect to the physical condition or any other aspect of the Property. Any information about the Property provided by OWNER, including any survey or titlematerials, is delivered as an accommodation only, without warranty or representation as to thecompleteness or accuracy thereof. 7. The Gift and Donation hereunder is subject to all matters shown of public recordto affect the Property, including all liens, claims, easements, restrictions, covenants, mineral androyalty interests shown of public record, and all other contracts, burdens and encumbrances ofany kind affecting the Property, except only that Owner agrees to discharge at Closing any OwnerMonetary Liens. Letter Donation AgreementCrouch Tract Pt 1. Page 2 of 4 DocuSign Envelope \D: FIC5C7FE-OD7D4F37-94B2-7BF709379BI C 8. This LETTER AGREEMENT constitutes the sole and only agreement of the parties in respect to the Land referenced herein and supersedes any prior understandings or written ororal agreements between the parties respecting the subject matter within. Sincerely, RAYZOR INVESTMENTS, LTD., a Texas limited partnership By:The Rayzor Company, a Texas corporationits sole,get08©bpartner 1-PhiLip &„k“mF{s;Date: : Letter Donation AgreementCrouch Tract Pt 1 . Page 3 of 4 DocuSign Envelope ID: FIC5(.-f7FE_OD7D4F37-94B2-7BF709379BI C CITY SIGNATURE PAGELETrER AGREEMENT CITY OF DENTON, a Texas home rule municipal corporation By: Sara Hens1 ey Date. 3/22/2023 ArrEST:ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: Bbrh lap BaRanp1 es "w"“'8=“ BY: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO FINANCIAL ANDOPERATIONAL OBLIGATIONS AND BUSINESS TERMS. PaCbAILaria Director of Parks and RecreatlOn Title B;?e?grB921023 parks and Recreatlon Letter Donation AgreementCrouch Tract Pt 1. Page 4 of 4 DocuSign Envelope ID: FIC5C7FE-OD7DJtF37-94B2-7BF709379BI C RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of an executed copy of thisAGREEMENT. DUe Company agrees to comply with, and be bound by, the terms and provisionsof this AGREEMENT to perform its duties pursuant to the provisions of this AGREEMENT andcomply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time totime, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: By: Name: Title: AGREEMENT receipt date:, 20 Letter Donation AgreementCrouch Tract Pt 1 . Page 5 of 4 DocuSign Envelope ID: FIC5C7FE-OD7D4F37-94B2-7BF709379BI C ATrACHMENT I SITUATED in the City of Denton, Denton County, Texas, and being a tract of land in the THOMAS TOBY SURVEY.Abstract No. 1285, and bing a portion of that certain Section 3, Tract Five, conveyed to Rayzor Investments, Ltd.,desuibed in deed recorded in Volume 1796, Page 601, of the Denton County Deed Reooni s, and embracing a part ofsaid Trad Five conveyed to V\bstpark Group, L.P., by deed recorded as Clerk's File No. 200640956, Denton CountyReal Property Records, and said potion being more fully dnaibed as follows: BEGINNING at a point in a west line of saId Tract Five and in an easterly line of that certain tract conveyed to the Cityof Denton by deed receded in Volume 516, Page 648, of said Deed Records, said point being 5.72 feet North 89 degrees, 32 minutes, 45 9econds V\bst tom a -TxDOT apped 5/8' iron rod found in place for the northwest corner ofhat certain Bad conveyed to the State of Texas by deed recorded as Clerks File No. 2021-185438, said Denton CountyReal Property Records; THENCE northedy and northwesterly with the common lines between said Tract Five and said City of Denton tract the following courses and distances: North 0 deg©es. 18 minutes East, 610.14 feet to an -RPLS 1&W capped 5/8’ iron rod set for thebeginning of a cuive whose center bears North 89 degrees, 42 minutes, 33 seconds V\bst, m.4ieeE and. northwuterty with said curve. a distance of 279.6 bet to a capped iron raI found in place for a southerly corner of that certain tract conveyed to SP Denton I, LLC, by deed recorded as ClerKs FileNo. 201945399, said Denton County Real Property Records; THENCE South 89 degrees, 49 minutes, 25 seconds East with a south line of said SP Denton 1, LLC, tract, 338.56feet to a point in the westerly right away line of V\bstern Boulevard, a variable width rightof-way granted to the City of Denton by said V\bstpark Group, L. P. by deed recorded as Clerk's File No. 200741316, said Denton County Real Property Records, from which point a southeast corner of said SP Denton 1, LLC, tract marked by an -Arthur Surveying-capped iron rod found in place bears South 89 degrees East, 1.84 f8et THENCE southerty with said west line ofWbstem Boulevard, the following courses and distan ms: South 0 degrees, 01 minutes, 15 seconds V\bst, 40.35 feet to an angle point from which an "ArthurSurveying- capped iron rod found in place bears 1.33 feet North 89 degrees East; South I degne, 02 minutes, 20 seconds V\bst 33.62 feet to the beginning of a cuive whose centerbears North 88 degrees, 57 minut8s, 40 seconds V\bst, 1120.5 feet southerly with said curve. crossing the west line of said V\bstpark Group tract and continuing in all adistance of 187.48 feet to the end of said cuive, from which point an -Arthur SUIveying- capped ironrod found in pla a bears North 85 degrees East, 1.04 feet; South 10 degrees, 37 minutes, 35 seconds V\bst, 333.66 feet to the beginning of a cuive whosecenter bears South 79 degrBes, 22 minutes, 25 seconds East, 1279.5 feet and from which beginningpoint an 'Arthur SUIveying’ capped iron rod found in place bears North 44 degrees, 55 minutes, 55seconds East, 0.42 foot; southerly with said curve, a distance of 232.92 feet to the end of said curve; South 0 degrees, 11 minutes, 45 seconds Wbst 16.92 feet to an angle point; and, South 23 dogrees, 38 minutes V\bst, 26.34 bet to a 'TxDOT capped 5/8- iron rod found in place forthe northeast comer of said State of Texas tract THENCE North 89 degrees, 32 minutes, 45 seconds West with the north line of said State of Texas tract. passing saidnorMwe9t corner of StaB of Texas tract and continuing in all 122.45 bet to the PLACE OF BEGINNING and containing 3.7928 acres (165,216 square feet). Real Property Purchase AgreementCrouch Tract Pt. 1Attachment 1 [k>cuSign Certificate Of Completion Envelope Id: F1 C5C7FEOD7D4F3794B27BF709379BI C Subject: Complete with DocuSign: Western Airport Rd 3.7928 Ltr of Agreement Exhibit A.pdf Source Envelope: Status: Completed Document Pages: 6 Certificate Pages: 5 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Signatures: 5 Initials: 0 Envelope Originator: Captoria Brown 901B Texas Street Denton, TX 76209 captoria.brown@cityofdenton.com IP Address: 198.49.140.10 Record Tracking Status: Original3/21/2023 2:06: 18 PM Holder: Captoria Brown captoria.brown@cityofdenton.com Location: DocuSign Signer Events Philip Baker pabaker@rayzorco.com Vice President The Rayzor Company Security Level: Email, Account Authentication(None) Signature DocuSigned by: [PtuliP bREW g67C978BFFD24DO Timestamp Sent: 3/21/2023 2:12:55 PM Viewed: 3/21/2023 3:17:43 PM Signed: 3/22/2023 1 :40:25 PM Signature Adoption: Pre-selected Style Using IP Address: 68.113.174.30 Electronic Record and Signature Disclosure:Accepted: 12/3/2021 3:00:37 PMID: ebddfb80-0136-4c80-b590-67e8e7bOaeb7 Gary Packan gary.packan@cityofdenton.com Director of Parks and Recreation Parks and Recreation Security Level: Email, Account Authentication(None) 'DocuSigned by: Lqn££St Sent: 3/22/2023 1 :40:27 PM Viewed: 3/22/2023 2:24:11 PM Signed: 3/22/2023 2:24:58 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 3/22/2023 2:24:11 PMID: c3e4e5bd-807c-4d4b-8dd2-3066053a75d8 Benjamin Samples benjamin.samples@cityofdenton.com Security Level: Email, Account Authentication(None) Sent: 3/22/2023 2:25:00 PM Viewed: 3/22/2023 2:36:05 PM Signed: 3/22/2023 2:36:32 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 3/22/2023 2:36:05 PMID: 34f4a6a7-581b-494f-a4d9-95f02fb31f1 1 Sara Hensley sara.hensley@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication(None) 'DocuSigned by:I SMA }/%& .5236DB296270423 Sent: 3/22/2023 2:36:33 PM Viewed : 3/22/2023 2:41 :46 PM Signed: 3/22/2023 2:42:18 PM Signature Adoption: Pre-selected Style Using IP Address: 47.184.119.151 Signed using mobile Electronic Record and Signature Disclosure:Not Offered via DocuSign Signer Events Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication(None) Signature 'DocuSIQrled brI Ran Rin IC5CA8CSE175493. Timestamp Sent: 3/22/2023 2:42:19 PM Viewed: 3/22/2023 2:54:23 PM Signed: 3/22/2023 2:54:51 PM Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Electronic Record and Signature Disclosure:Accepted: 3/22/2023 2:54:23 PMID: 0d5a6bde-68bc41 54-a19f463ee1264a1 2 In Person Signer Events Signature Status Timestamp Editor Delivery Events Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Status Timestamp Carbon Copy Events Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status Timestamps 3/21/2023 2:12:55 PM 3/22/2023 2:54:23 PM 3/22/2023 2:54:51 PM 3/22/2023 2:54:51 PM Hashed/Encrypted Security Checked Security Checked Security Checked Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 1 :59:03 PM Parties agreed to: Philip Baker, Gary Packan, Benjamin Samples, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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EXHIBIT$ BATrACHMENT 2 Gin DEED THE STATE OF TEXAS S S SCOUNTY OF DENTON KNOW ALL PERSONS BY THESE PRESENTS: RAYZOR INVESTMENTS, LTD., a Texas limited partnership ("Grantor"), with Grantor’sintention to make a gift as a charitable contribution under applicable income tax laws and regulations to the CITY OF DENTON, TEXAS, a home rule municipal corporation, whose mailing address is 215 E. McKinney Street, Denton, Texas 76201 (hereinafter called "Grantee"), hasGIFTED, GRANTED and CONVEYED, and by these presents does GIFT, GRANT and CONVEY unto the Grantee that certain tract of land situated in the City of Denton, Denton County, Texas.as more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and all and singularly the rights and appurtenances appertaining thereto and any and all right, title, and interest of Grantor in and to any adjacent streets, alleys or rights-of-way (herein collectively called the "Property"). Grantor hereby agrees that it has received no monetary or other consideration from Grantee for the property interests conveyed to Grantee hereunder. Grantor agrees that it shallhave no right or claim to severance damages. or any damages to, or diminution in value of, otherlands belonging to Grantor that may be claimed or asserted by virtue of such acquisition of theProperty by Grantee. This Deed is given and accepted subject to any and all restrictions, reservations, covenants, conditions, rights-of-way, easements, and encumbrances of record, if any, and all municipal or other governmental zoning laws, regulations and ordinances, if any, affecting the herein-described Property, and all other contracts, burdens and encumbrances of any kind affecting the Property, and any other matters affecting the Property that would be shown on anaccurate survey of the Property (herein called the “Permitted Encumbrances”). TO HAVE AND TO HOLD an of Grantor’s right, title and interest in and to the Property unto the Grantee, its successors and assigns forever, subject to the Permitted Encumbrances, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title tothe Property or appurtenances or any part thereof. NOTWITHSTANDING ANYrHiNG HEREIN CONTAINED TO THE CONTRARY, THISCONVEYANCE IS MADE WITHOUT WARRANTY OR COVENANT OF ANY KIND, WHETHERSTATUTORY, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED TO,THOSE WARRANTIES SET FORTH IN SECTION 5.023 OF THE TEXAS PROPERTY CODE. Letter AgreementCrouch Tract Pt. 1Attachment 2 [Signature of Grantor On The Following Page] EXECUTED this day of 2023. GRANTOR: RAYZOR INVESTMENTS, LTD. , a Texas limited partnership By:The Rayzor Corporation, a Texas corporationits sole general partner By: Philip A. Baker,Vice President THE STATE OF TEXAS S S SCOUNTY OF DENTON This instrument was acknowledged before me on the day of2021, by Philip A. Baker, Vice President of The Rayzor Company, a Texas corporation, the general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership. Notary Public, State of Texas Letter AgreementCrouch Tract Pt. 1Attachment 2 EXHIBIT "A" SITUATED in the City of Denton, Denton County, Texas, and being a tract of lard in the THOMAS TOBY SURVEY,Abstract No. 1285, and being a portion of that certain Section 3, Tract Five, conveyed to Rayzor Investments, Ltd.,described in doed recorded in Volume 1796, Page Gal, of the Denton County Dead Records, and embracing a part ofsaid Tract Five aonvey8d tO V\bstpark Group, L.P., by deed reconied as Clerk's File No. 20CBJ10956, Denton CountyReal Property Rewrds, and said potion being more fully described as follows BEGINNING at a point in a west line of said Tract Five and in an easterly Une of that oertain tract conveyed to the Cityof Denton by deed ncoded in Volume 516, Page 648, of saId Deed Records. said point being 5.72 feet North 89 degrees, 32 mInutes, 45 seconds V\hst bom a -TxDOT capped 5/8- iron rod found in place for the northwest corner ofthat certain tract conveyed to the State of Texas by deed recorded as Clerk’s File No. 2021-185438, said Denton CountyReal Property R WONIs; THENCE northerly and northwesterly wIth the common lines between said Tract Five and said City of Denton tract, thefollwing courses and distances: North 0 degrees, 18 minutes East, 610.14 feet to an -RPLS 1640- capped 5/8- iron rod set for thebeginning of a wwe whose center bears North 89 degrees, 42 minutes. 33 sooonds V\bst, :916.4feel and, northwo$teny with said curve, a distance of 279.6 feet to a capped iron rod found in place for asoutherty comer of that certain tract conveyed to SP Denton 1. LLC, by deed rworded as Clerk's FileNo. 201945399, said Denton County Real Property Records; THENCE South 89 degrees, 49 minutes, 25 seconds East with a south line of said SP Denton 1, LLC. tract, 338.56feet to a point in the wsterty rightof-way line ofV\bst8rn Boulevard, a variable wktth dghtof-way granted to the CItyof Denton by said V\hstpark Group. L. P. by deed reaIded as Clerk's File No. 2007-81316, said Denton County RealProporV Records, kam which point a southeast cornor of said SP Denton 1, LLC, tract marked by an "Arthur SurveyIng- capped iron rod found in place tnars South 89 degrees East, 1.M feet; THENCE southerly with said mst line ofWbgtern Boulevard, the following courses and distances: South 0 degrees, 01 minutes, 15 seconds west, 40.35 feet to an angle point from which an 'ArthurSurveying- capped iron rod found in place bears 1.33 bet North 89 degrees East; South 1 degree. 02 minutes, 20 seconds West, 33.62 feet to the beginnIng of a cuIve whose center bears North 88 degrees, 57 minutes, 40 seoonds V\bst, 1120.5 feet; southerly wtth said cuive, crossing the west line of said Westpark Group tract and continuing in all adistance of 187.48 bet to the end of said cuIve, from which point an -Arthur SUIveying“ capped ironrod found in pla a bears North 85 degrees EasE 1.04 feet South 10 degrees. 37 minutes, 35 seconds V\bst, 333.66 feet to the beginning of a cuive whosecenter bears South 79 degrees, 22 minutes, 25 seconds East, 1279.5 feet, and from which beginningpoint an -Arthur SUIveying’ capped iron ral found in place bears North 44 degrees, 55 minutn, 55seconds East, 0.42 ft>ot; southerty with said cuive, a di stan@ of 232.92 feet to the end of said curve: South 0 degrees, 11 minutes, 45 seconds V\bst, 16.92 feet to an angle point; and, South 23 degrees, 38 minutes V\hsC 26.34 feet to a 'TxDOT upped g8' iron rod found in plan forthe northeast comer of said State of Texas tract; THENCE North 89 degre%, 32 minutes, 45 seconds V\bst with the north line of saId State of Texas tract, passing said northwest corner of State of Texas tract and continuing in all 122.45 feet to the PLACE OF BEGINNING and containing3.7928 acres (165,216 square feet). Letter AgreementCrouch Tract Pt. 1 Attachment 2 I IIII It IB I ; [ /./ /'/d ///I liIfI ! ! ! i it ! ! ! ! ;} ! !i! ; iI11ia iIIi iEE;g;*i aii=Ial B'i ! !! i i; i ! ! ! ! ! ! ! !! ! ! ! !! ! ! ! ! !! ! ! ?i !! I ! ! ! ! I ! !! !} [! ! ! !! } } { { I ':i,i IiF ii i i DESCRiPrioN OF PROPERTY SURVEYED SITUATED in the CIty of Denton, Denton County, Texas, arxl being a tract af land in the THOMAS TOBY SURVEY, AbstractNo. 1285, and being a portion of that certain Sediul 3, Tract Five, conveyed to Rayzor Investments, Ltd., described in deedrecorded in Volume 1796, Page 601, of the Denton County Deed Records, and nnbracing a part of said Tract Five conveyedto Wntpark Group, L.P., by deed nmrded as Clerk's File No. 200&40956, Denton County Real Property Records, and saidpotion being more fully descdtnd as folk>ws: BEGINNING at a point in a west line of said Tract Five and in an easterly line of that certain tract conveyed to tIn City ofDenton by deed recorded in Vokrme 516, Page 648, af said Deed Records, said point being 5.72 feet North 89 degrees, 32minutes, 45 seconds Wbst from a TxDOT capped 5/8- hon rod found in place for the rnrthwest turner of that certain tractconveyed to the State of Texas by deed recorded as Clerk’s nIe No. 2£121-185438, said Denton County Real PropertyRemMs THENCE northerly and northwesterty with the oommon lirns between said Tract Five and said City of Denton tract, thefollowing courses and distances: North 0 degrees, 18 minutes East 610.14 feet to an -RPLS 1640- capped 5/8”iron rod set for the beginningof a curve whose center kwan North 89 degrees, 42 minutes, 33 secorxis West, 346.4 feet; and, northwesterty with said cuIve, a distance of 279.6 feet to a @pped iron rod found in place for a southerlycomer of that certain &act conveyed to SP Denton I, LLC. by deed recorded as Clerk's File No. 2019-65399, said Denton County Real Property Records; THENCE South 89 degrees, 49 minutes, 25 seconds East with a south line of said SP Denton 1, LLC. tract, 338.56 feet to apoint in the westerly rightxrf-way line of Western Boulevard, a variable width rightof-way granted to the City of Denton bysaid Westpark Group, L. P. by deed recorded as Clerk’s File No. 200741316, said Denton County Real Property Records, from which poInt a southeast corner of said SP Denton 1, LLC, tract marked by an -Arthur SUIveying- cap@ iron r(xi foundin place bears South 89 degrees East, 1.84 feet; THENCE southerly with said west line of Western Boulevard, the following courses and distances: South 0 degrees, 01 minutes, 15 seconds West, 40.35 feet to an angle point from which an -ArthurSurveying” upped iron md found in place bears 1 .33 feet North 89 degrees Eut; south I degree1 02 minutesT 20 seconds Wwt, 33.62 feet to the beginning of a curve whose center bearsNorth 88 degrees, 57 minutes, 4D seconds West, 1120.5 feet; southedy with said curvep crossing Bre wut line of said Wwtpark Group tract and continuing in all adistance of 187.48 feet to the end of said curve, fran which point an -Arthur SUIveying” capWd iron ndfound in plaae bears North 85 degrees East, 1_Q4 feet South 10 degrees, 37 minutes, 35 seoonds West, 333.66 feet to the beginning of a cuive whose centerbears South 79 degrees, 22 minutes, 25 seconds East, 1279.5 feet. and from which beginning point an-Ar#rur Surveying” cnpped Iron rod found in place bears North 44 degrees, 55 minutes, 55 seconds East,0.42 foot southerly with said curve, a distance of 232.92 feet to the end of said curve; South 0 degrees, 11 minutes. 45 seconds Wut, 16.92 feet to an angle point; and, South 23 degrees, 38 minutes West, 26.34 feet to a -TxDOT capped 5FB' iron rod found in place for thenortheast corner of said State of Texas tract; THENCE North 89 degrees, 32 minutes, 45 seconds Wwt with the north line of said State of Texas tract. pusing saidnorthwest comer of State of Texas tract and continuing in an 122.45 feet to the PLACE OF BEGINNING, and containing3.7928 acres (165,216 square feet). I eERie ’i- euRtlsTexa$ Regktra6on No. 1640 We/ b'i:P=:' :a