2009-167ORDINANCE NO. 2009-167
CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE AN EASEMENT PURCHASE AGREEMENT BETWEEN
THE CITY OF DENTON, TEXAS AND RAYZOR INVESTMENTS, LTD., AND ANY
OTHER DOCUMENTS THAT ARE NECESSARY TO ACQUIRE APPROXIMATE 0.193
AND 0.108 ACRE TRACTS FOR UTILITY EASEMENTS, APPROXIMATELY 0. 191 AND
0.108 ACRE TRACTS FOR TEMPORARY CONSTRUCTION EASEMENTS, AND AN
APPROXIMATE 0.091 ACRE TRACT FOR ELECTRIC UTILITY EASEMENT, ALL BEING
LOCATED IN THE ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER 31, TRACTS
101, AND 220 AS EVIDENCED BY CONVEYANCE TO RAYZOR INVESTMENTS LTD.
BY INSTRUMENT RECORDED BY DEED IN VOLUME 1796, PAGE 601, DENTON
COUNTY DEED RECORDS, CITY OF DENTON, DENTON COUNTY, TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute an
"Easement Purchase Agreement" by and between the City of Denton, Texas as Purchaser, and
Rayzor Investments, Ltd. as Seller, which is attached hereto and made a part hereof as Exhibit
"A" (the "Agreement"), and any other documents necessary for the acquisition of approximately
0.193, 0.108, 0.191, 0.108, and 0.091 acre easement tracts. The easements are being acquired for
municipal purposes, including public utilities, and their related appurtenances.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
s~
PASSED AND APPROVED this .e - day of , 2009.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APP VED AS O LEGAL FORM:
AIVITA BURGESS, CITY ATTORNEY
By:
i
EASEMENT PURCHASE AGREEMENT
AGREEMENT dated June 1, 2009 between Rayzor Investments, Ltd. ("OWNER") and the
City of Denton, Texas ("CITY").
WITNESSETH:
WHEREAS, Rayzor Investments, Ltd. is the owner of certain tracts of land in the Robert
Beaumont Survey, Abstract Number 31, Tracts 101, and 220, as evidenced by conveyance to
Rayzor Investments, Ltd. by instrument recorded by Deed in Volume 1796, Page 601, Denton
County Deed Records, (the "LANDS") said lands being affected by the public improvement
projects called the US HWY 380 Utility Relocation, and the Denton Municipal Electric Amherst
380 Upgrade (the 'PROJECTS"); and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the PROJECTS;
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 easements in,
along, upon, over, and across the LANDS for the purposes of construction activities
related to the relocation and extension of public utilities on lands and access related
to same, in the form of the Utility Easements, Temporary Construction and Access
Easements, and the Electric Easement more particularly described as: a 20' Utility
Easement tract of approximately 0.193 acres of land and a Temporary Construction
and Access Easement tract of approximately 0.191 acres of land, a 20' Utility
Easement tract of approximately 0.108 acres of land, and a Temporary Construction
and Access Easement tract of approximately 0.108 acres of land, and a 16' Electric
Easement tract of approximately 0.091 acres. All of the easement tracts herein are
collectively referenced hereinafter as the "Easements". The conveyance instruments
for the Easements being in form and substance identical to those attached hereto as
"ATTACHMENT 1" and "ATTACHMENT 2";
2. At Closing, as consideration for the granting of the Easements, the CITY shall pay to
the Title Company, as defined below, for the benefit of OWNER, and/or
Three Thousand Six Hundred
STARLITE, as defined below, One Hundred Ninety
Dollars and No Cents ($193,600.00) as payment for the Easements as Total
Compensation (herein so called). The Total Compensation payment represents full
and adequate consideration for all of the Easements and any improvements therein
and thereon, including without limitation, any damages to the remainder of
OWNER's property. OWNER expressly stipulates and agrees that the Total
Compensation constitutes and includes all compensation due OWNER by CITY or
any other governmental entity related to the PROJECTS, including without
limitation any payments due for improvements located on the Lands, cost of repair
and/or relocation of any improvements on the Lands, any damage to the
improvements or any other property interests of OWNER on the Lands or any other
Page 1
property of OWNER affected by the PROJECTS, interference with OWNER'S
activities caused b or related to the PROJECT whether on the Lands or other
property of OWNER, or any other matter related to the PROJECTS or activities
related to the Easements and OWNER hereby releases for himself, his successors
and assigns, CITY, it's officers, employees, elected officials, and agents from and
against any claims he may have now or in the future, related to the herein described
matters, events and/or damages.
3. Included in the Total Compensation is the amount of $14,025.00 for installation and
labor to remove an existing multi-tenant pylon sign and relocate it out of the existing
TXDOT right-of-way, and proposed 20' permanent Utility Easement at 1720 West
University Drive, Denton, Texas, to a new location agreed upon by both parties
outside the Lands on OWNER'S remaining property as shown on "Attachment 3"
attached hereto and made a part hereof, in strict conformance with Section
35.15.10.6 of the City of Denton Development Code. Said work is outlined in
Proposal #17393 dated 6/3/09, from Starlite Sign Company ("STARLITE"), which is
included hereto, and incorporated herein, as "ATTACHMENT 4". These funds shall
be referenced hereinafter as the "Escrow Funds" and shall be deducted from the total
compensation payable to OWNER at Closing, and placed in an interest bearing
escrow account with the Title Company at the time of Closing. OWNER shall have
ninety (90) days from the date of Closing to cause the existing multi-tenant pylon
sign to be moved as described above. The Title Company will disperse, upon
instruction from the CITY, the Escrow Funds directly to STARLITE for payment of
said work, one half of the Escrow Funds shall be dispersed to STARLITE at the time
of Closing, and the remaining one half at the time completion of work, so long as (i)
such work is in conformity with the terms of this AGREEMENT; (ii) the OWNER
has approved the work, and (iii) the CITY has approved the disbursement of the final
payment. Any interest earned on the Escrow Funds shall be paid to OWNER.
Additional expenses incurred in the performance of OWNER's obligations
hereunder, if any, above and beyond $14,025.00 shall be borne solely by the
OWNER. In the event OWNER shall not have completed, or caused to be
completed, the relocation of the multi-tenant pylon sign, as required herein, within
the time period prescribed herein, OWNER expressly stipulates that the CITY may
remove the sign remaining on the Lands, and dispose of such sign or signs in the
manner it shall elect, at its sole discretion, without further liability or cost to the
CITY. In the event the CITY removes the sign from the Lands, as described herein,
all funds remaining in the Escrow Funds shall be immediately paid to CITY, said
remaining Escrow Funds stipulated by OWNER and CITY to be a reasonable
amount to compensate CITY for removing and disposing of the sign or signs. In
such event, OWNER shall deliver to the Title Company authorization for such
payment to CITY immediately upon request from CITY or Title Company. The
terms and provisions of this Paragraph 3 shall survive Closing and not be merged
into the Easements.
4. The Closing (herein so called) shall occur in and through the office of Sendera Title
of North Texas (Title Company) with said Title Company acting as escrow agent, on
the date which is 30 days after the Effective Date, unless the OWNER and the CITY
mutually agree, in writing, to an earlier or later date ("Closing Date"). The OWNER
Page 2
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shall assist and support satisfaction of all closing requirements in relation to
solicitation of release or subordination of liens and encumbrances affecting the
Easements, if necessary. In the event CITY shall determine that the state of the title
is unacceptable for its purposes, CITY may terminate this AGREEMENT by notice
in writing to OWNER by placing in the United States Mail, return receipt requested,
any time prior to Closing.
5. The stipulated Total Compensation amount shall be paid by the CITY at Closing
through the Title Company and allocated by the Title Company as provided herein
all other typical customary and standard closing costs associated with this transaction
shall be paid specifically by the CITY, except for OWNER's attorney's fees.
6. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO
THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS
PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION
ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF
COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS.
7. The date on which this AGREEMENT is executed by the last to sign of the parties
shall be the "Effective Date" of this AGREEMENT;
8. This AGREEMENT constitutes the sole and only agreement of the parties and
supercedes any prior understandings or written or oral agreements between the
parties respecting the within subject matter.
[Signature Page Follows]
Page 3
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CITY OF DENTON
By: -fllll~ 4~~
George C. Campbell,
City Manager
Date: 7
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ak,
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
I
RAYZOR INVESTMENTS, LTD., a Texas limited partnership
By: The Rayzor Company, a Texas corporation,
its general partner
_ OR Cp~p
Q3'~a~QORM 92.c
By: w
Philip A. Bak # Vice President H S
Date: G TEX"
Page 4
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RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of: (1) an executed copy of
this Agreement. Title Company agrees to comply with and be bound by the terms and provisions of
this Agreement and to perform its duties pursuant to the provisions of this Agreement including
without limitation those terms relating to compliance 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.
I
TITLE COMPANY:
Sendera Title
Attn: Stacie Holbert
2540 Lillian Miller Parkway
Suite 115
Denton, Texas 76210
Telephone (940) 382-7555
Fax (940) 382-7557
By:
Printed Name:
I
Title: ?L'X-. l7~
VI/
Contract receipt date: T"-
I~
Page 5
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5endera Titic
GF# 099 1-D c4
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY 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.
UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor,"
for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good
and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS,
hereinafter called "Grantee", the receipt and sufficiency of which are hereby acknowledged,
does by these presents grant, bargain, sell and convey to the Grantee, the free and
uninterrupted use, liberty and privilege of the passage in, along, upon and across certain
property, owned by Grantor and situated in Denton County, Texas, in the R. Beaumont
Survey, Abstract No. 31, and being more particularly described in Exhibit "A", and depicted in
Exhibit "B", both of which are attached hereto and made a part hereof by reference as if fully
set forth herein (the "Easement Property").
And it is further agreed that Grantee, in consideration of the benefits above set out, will
have the right to remove from the Easement Property, such fences, buildings and other
obstructions as may now be found upon said Easement Property; but only to the extent
necessary to complete the construction of the below described Water, Sewer, and Electric
Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts
that are necessary to minimize interference with and removal of any of such items.
The easement rights granted herein are for the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining water, sanitary sewer, and electric lines,
appurtenant connections, and related facilities ("Utility Facilities"), in, along, upon and across
said Easement Property, with the right and privilege at all times of the Grantee herein, it or its
agents, employees, workmen and representatives to have ingress, egress, and regress in,
along, upon and across said Easement Property for the purpose of making additions to,
improvements on and repairs to said Utility Facilities or any part thereof. Grantor's overall
property of which the Easement Property is a portion is referred to herein as the "Grantor's
Property"
Grantor shall have no obligation to construct or maintain the Utility Facilities. Grantor
hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property
and the right to use and enjoy the surface and subsurface thereof for any and all purposes
whatsoever, so long as such use does not unreasonably interfere with the rights herein
1
granted to Grantee. Grantor specifically reserves the right of passage over the Easement
Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT
OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use the Easement Property for the
location, construction, reconstruction, relocation and operation of such pipelines, transmission
lines, drainage lines and other facilities necessary or desired for the conduct of Grantor's
development of the Grantor Adjoining Property so long as Grantor's use of such ground space
does not unreasonably interfere with the rights herein granted to Grantee, which uses will be
subordinate to the Grantee's easement rights herein, and (ii) construct or place fences,
pavement and landscaping on or adjacent to the Easement Property so long as same does not
unreasonably interfere with the rights herein granted to Grantee, and specifically including the
right to place paved driveways and access areas over the Easement Property. It is understood
that brick, stone or masonry walls and/or columns shall not be used in the construction of
fences within the Easement Property, and any fences placed across the easement shall
contain gates or removable panels so that the Easement Property is readily accessible by the
City's employees and agents at all times and that there shall be no longitudinal installation of
fencing within the Easement Property.
In the event that Grantor, or Grantor's successors and assigns, chooses to locate
Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to
do so, such utility lines shall only cross the Easement at not less than a 45°angle and no
greater than a 900 angle to the centerline of the Easement, there shall be no longitudinal
installation. If such facilities are underground they shall be installed so as to maintain
reasonable clearance from any existing or proposed water, sanitary sewer, or electric utility
lines. Prior to construction or installation of Grantor facilities within the Easement Property by
Grantor, or its successors or assigns, complete construction plans depicting Grantor's
proposed facilities shall be submitted to the City Engineer of the City, for approval. Such
approval will not be unreasonably withheld. Any non-approved utility construction or
installations shall be at-risk for future adjustment or relocation at the sole cost and expense of
the owner of the encroaching facility. Within 60 days after completion of construction of
Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City Engineer
complete as-built construction plans of the subject improvements.
The grant of easement rights hereunder is made subject to any of the following as they
relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies
and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and
ordinances of municipal and other governmental authorities. The easement for the Easement
Property as provided for herein is made on an "AS IS" basis, and Grantee expressly
acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW as to the condition or suitability of the Easement or the Easement
Property for Grantee's easement rights and uses defined herein.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described.
2
i
i
Witness my hand to be effective as of the ~ day of J , 2009.
Rayzor Investments, Ltd., a Texas limited partnership
By: The Rayzor Company, a Texas
corporation, its general partner
By:
Phillip A. Ba r, Vice President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on this the .5Z/xu-6 day of J ,
2009 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as
general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said
limited artnershi .
W."
i~ DEANNA MCCLESKEY
MY COMMISSION EXPIRES
Minh 1$, 2010
Notary Public - State of Texas
Accepted this day of,49ntis,7, 2009 for the City of Denton, Texas (Resolution No. 91-
073).
By:
ij.!..d'
Paul Williamson
Real Estate Manager
Upon recording return original to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
i
rthur Suveying Co., I ne.
-Professional Lard Surveyors
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
EXHIBIT A
20' UTILITY EASEMENT
0.193 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey,
Abstract Number 31, in the City of Denton, Denton County, Texas, and being a part of that
certain tract of land described in deed to Rayzor Investments, Ltd, Section 1, Tract One, recorded
in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a %2 inch iron rod found at the northwest corner of said Rayzor Investments tract
and the northeast corner of that certain tract of land described in deed to Denton Independent
School District (DIED), recorded in Volume 455, Page 663 of the Deed Records of Denton
County, Texas being in the south line of University Drive (U.S. Hwy 380) having a 100 foot wide
Right-of-way;
THENCE with the south line of said University Drive and with a curve to the left having a radius
of 3869.72 feet an are length of 235.61 feet with a delta angle of 03 degrees 29 minutes 19
seconds whose chord bears North 84 degrees 57 minutes 40 seconds East at a distance of 235.58
feet to a point for corner at the northwest corner of a 20 foot Sanitary Sewer Easement recorded
in Volume 453, Page 481 of the Deed Records of Denton County, Texas;
THENCE South 00 degrees 24 minutes 00 seconds West, with the west line of said 20 foot
Sanitary Sewer Easement, over, through and across said Rayzor Investments tract, a distance of
165.19 feet to a point for corner thereof;
THENCE South 89 degrees 26 minutes 10 seconds East, continuing across said Rayzor
Investments tract, a distance of 20.00 feet to a point for corner in the east line thereof being in the
west line of Westway Street having a 60 foot wide Right-of-way;
THENCE South 00 degrees 24 minutes 00 seconds West, with the west line of said Westway
Street, a distance of 20.00 feet to a point for corner;
THENCE over, through and across said Rayzor Investments tract the following three (3) courses:
North 89 degrees 26 minutes 10 seconds West, a distance of 40.00 feet to a point for
corner;
North 00 degrees 24 minutes 00 seconds East, a distance of 162.53 feet to a point for
corner and being at the beginning of a non-tangent curve to the right having a radius of
3889.72 feet;
c:\2007\cod\hwy 380 util relocate-630043517,640035537\docs\esmt22.doc
I
rthur Surveying Co., Inc.
Prolessiomw Land Surveyors
P.O. Box 54 - Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
Continuing with said curve an are length of 215.41 feet with a delta angle of 03 degrees
10 minutes 23 seconds whose chord bears South 85 degrees 08 minutes 14 seconds West
at a distance of 215.38 feet to a point for corner in the east line of said DISD tract;
THENCE North 00 degrees 16 minutes 15 seconds East, with the east line of said DISD tract, a
distance of 20.04 feet to the POINT OF BEGINNING, and containing 0.193 acres of land, more
or less.
OF
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NORTH
50 0 50
S
UNIVERSITY DRIVE
(U. S. HWY.
(100' R.O.W)
UTILITY ESMT. 235.58'
P.O.B. ' N84-57'40"E
r' .-3869.72' L=235.61
R sss.~z =p3-29 19 R- I
L=275.08 _ 0,193 ACRES
(cM) J (C.M) 20' UTILITY EASEMENT'
" R=3889.72 L=215.41
A~3'10 23 a, I ~
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S85-08014 "W 215.38 N ~WW
P. O. L-1 95.22 a
TEMP. CONST. 3909.72 r ca Ki 2 w Q¢
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EASEMENT A~2 51 ' 39 R; " 195.20 LO
S85' 18 41 W 0) z l a~
RAYZOR INVESTMENTS, LTD. C) g I QQw
SECTION 1, TRACT ONE 0; o w w
o VOLUME 1796, PAGE 601 u w 6I
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pp W p N ui w
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QQ LINE TABLE o o N N \
LINE BEARING LENGTH O v \
O~ L1 S8926'10"E 20.00' d a Z
QL2 S00'24'00"W 20.00' p w
NJ L3 N89°26'1 0"W 40.00' O L1 WESTWAY
=L4 N00°16'15"E 20.04' Z N (STREET
L5 SO0°24'00"W 20.00' I _l
= L6 N89°26'10"W 60.00'
O~ L7 N00°16'15"E 20.04' LI3 J
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EXHIBIT B
20' Utility Easement rthur Surveying Co., Inc.
20 Temporary Construction Esmt. Professional Land Surveyors
Robert Beaumont Survey
Abstract No. 31 972-221-9439 - Fax 972-221-4675
220 Elm Street, Suite 200 - P.O. Box 54
City of Denton Lewisville, Texas 75067
Denton County, Texas
Cl\2007\CDD\HWY 380 UTIL RELOCATE-630043517,640035537\dwg\ESMT22.dwg 9/27/2007 1,16,47 PM CDT
Doc-135584
Electronically Filed Document
Denton County
Cynthia Mitchell s
County Clerk
Document Number: 2009-135584
Recorded As ERX-EASEMENT
i
Recorded On: November 21, 2009
Recorded At: 02:25:02 pm
Number of Pages: 7
Recording Pee: $35.00
Parties:
Direct- RAYZOR iNVESTMENTSUD
Indirect-
Receipt Number: 639078
Processed By: Carmen Robinson
r
I
***'"*w****** THIS PAGE IS PART OF THE INSTRUMENT
Arry provision herein which restricts the Sate, Rental or use of l1he described REAL PROPERTY
because of color or race is invalid and unenforceallto under federal taw
TµE 6TATE OF TEXAS)
09IcOUNTY OF D£NTON)
hereby eulify thatthu wb=ositwu FILED in the Film Nmbarmaguaaco" Cho datoAtme
pouaod h.roe• r d wpm duly RECORDED to dw Maud Rueordo 4 Doable CcuNy, Tow
40
Cotrdy Clat1 p;
E
Sendera Title
G F 4 0 9Sl l~3 - sfi'
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY 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.
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, RAYZOR INVESTMENTS, LTD., hereinafter called "Grantor," for and in
consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS,
hereinafter called "Grantee", the receipt and sufficiency of which are hereby
acknowledged, does by these presents grant, bargain, sell and convey to the Grantee,
the free and uninterrupted use, liberty and privilege of the passage in, along, upon and
across certain property, owned by Grantor and situated in Denton County, Texas, in the
Robert Beaumont, Survey, Abstract No. 31, and being more particularly described as
0.191 acre tract in Exhibit "A" and depicted in Exhibit "B", both of which are attached
hereto and made a part hereof by reference as if fully set forth herein (the "Easement
Property").
And it is further agreed that the said City of Denton, Texas in consideration of the
benefits above set out, will remove from the property above described, such fences,
buildings, and other obstructions as may now be found upon said property, for the
purpose of access and construction activities in, along, upon and across said premises.
It is specifically understood that the scope of the access and construction activities shall
include the clearing and removal of vegetation and trees that exist within the Easement
Property. The City of Denton, its agents, employees, workmen and representatives
shall have ingress, egress, and regress in, along, upon and across said premises for the
purpose of access and construction activities or any part thereof. Upon conclusion of
the initial construction, the temporary access and construction easement shall terminate
and the City shall remove all debris, surplus material, and construction equipment and
leave the property substantially equal in appearance to the condition existing prior to
construction, except for any trees or shrubs removed. The terms of this grant shall
expire two (2) years from the execution date hereof.
i
GRANTOR disclaims all warranties of every kind, express or implied, including
but not limited to all warranties of title and all warranties against encumbrance, and this
grant of TEMPORARY EASEMENT is made wholly without warranty.
TO HAVE AND TO HOLD the above easement unto GRANTEE as aforesaid for
the purposes aforesaid the premises above described.
i
EXECUTED this oZ~2aG day of , 2009.
i
Rayzor Investments, Ltd., a Texas limited partnership
By: The Rayzor Company, a Texas
corporation, its general partner
By:
Phillip A. Ofilker, Vice President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
9~s instrument was acknowledged before me on this the day of
Ja.uai)~; 2009 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas
corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership,
on behalf of said limited partnership.
'k; DFANNAMcCLESKEY
MY COMMISSION EXPIRES
Mar'1e,zo1° Notary Public - State of Texas
Accepted this day of danus 2009 for the City of Denton, Texas (Resolution No.
91-073).
By: LLvt.~ A
Paul Williamson
Real Estate Manager
Upon recording return original to:
City of Denton
Utility and CIP Engineering Department
Real Estate and Capital Support Division
901-A Texas Street
Second Floor
Denton, Texas 76209
I
i
I
I
rthur Surveying Co., Inc.
.Pratessio.nal -LaridSurveyors
P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
EXHIBIT A
20' TEMPORARY CONSTRUCTION EASEMENT
0.191 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey,
Abstract Number 31, in the City of Denton, Denton County, Texas, and being a part of that
certain tract of land described in deed to Rayzor Investments, Ltd., Section 1, Tract One, recorded
in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a point for corner in the west line of said Rayzor Investments tract and the east
line of that certain tract of land described in deed to Denton Independent School District (DISD),
recorded in Volume 455, Page 663 of the Deed Records of Denton County, Texas from which the
northeast corner thereof bears North 00 degrees 16 minutes 15 seconds East a distance of 20.04
feet;
THENCE over, through and across said Rayzor Investments tract the following three (3) courses:
With a curve to the left having a radius of 3889.72 feet an arc length of 215.41 feet with a
delta angle of 03 degrees 10 minutes 23 seconds whose chord bears North 85 degrees 08
minutes 14 seconds East at a distance of 215.38 feet to a point for corner
South 00 degrees 24 minutes 00 seconds West, a distance of 162.53 feet to a point for
corner;
South 89 degrees 26 minutes 10 seconds East, a distance of 40.00 feet to a point for
corner in the west line of Westway Street having a 60 foot wide Right-of-way;
THENCE South 00 degrees 24 minutes 00 seconds West, with the west line of said Westway
Street, a distance of 20.00 feet to a point for corner at the southwest corner thereof,
THENCE over, through and across said Rayzor Investments tract the following three (3) courses:
North 89 degrees 26 minutes 10 seconds West, a distance of 60.00 feet to a point for
corner;
North 00 degrees 24 minutes 00 seconds East, a distance of 159.99 feet to a point for
corner and being at the beginning of a non-tangent curve to the right having a radius of
3909.72 feet;
Continuing with said curve an arc length of 195.22 feet with a delta angle of 02 degrees
51 minutes 39 seconds whose chord bears South 85 degrees 18 minutes 41 seconds West
at a distance of 195.20 feet to a point for corner in the east line of said DISD tract;
c:\2007\cod\hwy 380 Wit relocate-630043517,640035537\docs\esmt22.doc
Arthur Surveying Co., Inc.
Rralessional Lard Surveyors
P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221-9439 - Fax: (972) 221-4675
THENCE North 00 degrees 16 minutes 15 seconds East, with the east line of said DISD tract, a
distance of 20.04 feet to the POINT OF BEGINNING, and containing 0.191 acres of land, more
or less.
0
W. THAD mtja, Y n
Pv.
SI
c:\2007\cod\hwy 380 util relocate-630043517,640035537\docs\esmt22.doc
FiN
50 0 50
UNIVERSITY D ? E
(U. S. HWY. 380)
(100' R-0 -W-)
UTILITY ESMT. 1P 235.5$'
P. O. B. N84-57'40E
-3869.72' L=235.61
8,3869.72' X3'29'19" R- I
L=275.08 _ 0,193 ACRES I
~cFU> J (C.F..) 20' UTILITY EASEMENT
L=21 5.41'
p~3.10231' R---3889!. 72 F I 3
S85'OS 1 4 W 21 5.38 a, a I Joy
P. O. B. L=19 5 .22' a N
TEMP. CONST. -Of Ui
3909- U c0 "i °z CL
EASEMENT p~2'S1 39 R~~ 95.20 a I ¢~a
S85.1 8'41 W 1 LO
N o -I N
C; (0 I =Od'
RAYZOR INVESTMENTS, LTD. rn o I QQw
0 SECTION 1, TRACT ONE o w Ca
o VOLUME 1796, PAGE 601 L w d- w
0Ci W o C'4 ~ W I
0 o Z
scv W C) a
Q~ LINE TABLE o zo .04 co U)
N \
LINE BEARING LENGTH O v 00 \
L1 S89°26'10"E 20.00' N Z
~~tL L2 S00'24'00"W 20.00'
O J L3 N89'26'10"W 40.00 O L1 WESTWAY
L4 NOO'16'15"E 20.04' Z N (STREET
pZ L5 S00'24'00"W 20.00' I J
L6 N89'26'10"W 60.00'
L7 N00'16'15"E 20.04' LI3 J
6
O F
y Q~G1S7Eq~ ;P4~
W. THAD
I.l.f
N2 R EyY r
58
y. .E , r.
EXHIBIT B
20' Utility Easement Arthur Surveying Co., Inc.
20 Temporary Construction Esmt.
Robert Beaumont Survey Professional Land Surveyors
Abstract No. 31 972-221-9439 Fax 972-221-4675
220 Elm Street, Suite 200 ~ P.O. Box 54
City of Denton L.ewfsvMe, Texas 75067
Denton County, Texas
C-\2007\COD\HWY 380 UTIL RELOCATE-630043517,640035537\dwg\ESMT22.dwg 9/27/2007 1-16-47 PM CDT
Doo-135583
Electronically Filed Document
4
Denton County
Cynthia Mitchell
County Clerk
Document Number: 2009-136483
Recorded As ERX-EASEMENT
Recorded On: November 23, 2009
Recorded At: 02:24:48 pm
Number of Pages: 7 ,
Recording Fee: $35.00
Parties:
Direct- RAYZOR INVESTMENTSLTD
Ind 1 rect-
.
Receipt Number: 639078
rocessed By: Carmen Robinson
r
i
l
t
THIS PAGE IS FART OF THE INSf RUMENT
Any provision herein which restricts the Sale. Rental of use of'the described REAL PROPERTY
because of color or race is Invalid and unenforceable under federal law
r
THE 5TATe UP T$XA8)
`,QLTN`i. COUNTY OF DFNTON)
1 herebT eeetdy that d w uaitru~ewtpM F11J3D kLLa File Nwaber aequeeee oa the datehlete
pedal heron, -ed wr duly RECORDHD 14 1ho Offlmd R-w,& of Deatea County, Tmaa
1
>i, y, Cuu.,ly Cleek
Sendera Title
GF#
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY 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.
UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor,"
for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good
and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS,
hereinafter called "Grantee", the receipt and sufficiency of which are hereby acknowledged,
does by these presents grant, bargain, sell and convey to the Grantee, the free and
uninterrupted use, liberty and privilege of the passage in, along, upon and across certain
property, owned by Grantor and situated in Denton County, Texas, in the R. Beaumont
Survey, Abstract No. 31, and being more particularly described in Exhibit "A", and depicted in
Exhibit "B", both of which are attached hereto and made a part hereof by reference as if fully
set forth herein (the "Easement Property").
And it is further agreed that Grantee, in consideration of the benefits above set out, will
have the right to remove from the Easement Property, such fences, buildings and other
obstructions as may now be found upon said Easement Property; but only to the extent
necessary to complete the construction of the below described Water, Sewer, and Electric
Facilities and maintain same thereafter; provided, however Grantee will take reasonable efforts
that are necessary to minimize interference with and removal of any of such items.
The easement rights granted herein are for the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining water, sanitary sewer, and electric lines,
appurtenant connections, and related facilities ("Utility Facilities"), in, along, upon and across
said Easement Property, with the right and privilege at all times of the Grantee herein, it or its
agents, employees, workmen and representatives to have ingress, egress, and regress in,
along, upon and across said Easement Property for the purpose of making additions to,
improvements on and repairs to said Utility Facilities or any part thereof. Grantor's overall
property of which the Easement Property is a portion is referred to herein as the "Grantor's
Property".
Grantor shall have no obligation to construct or maintain the Utility Facilities. Grantor
hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property
and the right to use and enjoy the surface and subsurface thereof for any and all purposes
whatsoever, so long as such use does not unreasonably interfere with the rights herein
1
granted to Grantee. Grantor specifically reserves the right of passage over the Easement
Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT
OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use the Easement Property for the
location, construction, reconstruction, relocation and operation of such pipelines, transmission
lines, drainage lines and other facilities necessary or desired for the conduct of Grantor's
development of the Grantor Adjoining Property so long as Grantor's use of such ground space
does not unreasonably interfere with the rights herein granted to Grantee, which uses will be
subordinate to the Grantee's easement rights herein, and (ii) construct or place fences,
pavement and landscaping on or adjacent to the Easement Property so long as same does not
unreasonably interfere with the rights herein granted to Grantee, and specifically including the
right to place paved driveways and access areas over the Easement Property. It is understood
that brick, stone or masonry walls and/or columns shall not be used in the construction of
fences within the Easement Property, and any fences placed across the easement shall
contain gates or removable panels so that the Easement Property is readily accessible by the
City's employees and agents at all times and that there shall be no longitudinal installation of
fencing within the Easement Property.
In the event that Grantor, or Grantor's successors and assigns, chooses to locate
Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to
do so, such utility lines shall only cross the Easement at not less than a 45°angle and no
greater than a 90° angle to the centerline of the Easement, there shall be no longitudinal
installation. If such facilities are underground they shall be installed so as to maintain
reasonable clearance from any existing or proposed water, sanitary sewer, or electric utility
lines. Prior to construction or installation of Grantor facilities within the Easement Property by
Grantor, or its successors or assigns, complete construction plans depicting Grantor's
proposed facilities shall be submitted to the City Engineer of the City, for approval. Such
approval will not be unreasonably withheld. Any non-approved utility construction or
installations shall be at-risk for future adjustment or relocation at the sole cost and expense of
the owner of the encroaching facility. Within 60 days after completion of construction of
Grantor's facilities, Grantor, or its successors or assigns, shall submit to the City Engineer
complete as-built construction plans of the subject improvements.
The grant of easement rights hereunder is made subject to any of the following as they
relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies
and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and
ordinances of municipal and other governmental authorities. The easement for the Easement
Property as provided for herein is made on an "AS IS" basis, and Grantee expressly
acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW as to the condition or suitability of the Easement or the Easement
Property for Grantee's easement rights and uses defined herein.
I
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described.
2
Witness my hand to be effective as of the day of 4aftwams, 2009.
Rayzor Investments, Ltd., a Texas limited partnership
By: The Rayzor Company, a Texas
corporation, its general partner
By:
Phillip A. Bak , Vice President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
~f~
This instrument was acknowledged before me on this thep~ eQ / day of ,
2009 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as
general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said
limited partnership.
DEANNA MCCLESKEY
MY cOMMISSION EXPIRES
Marchie,2olo Notary Public - State of Texas
5EPr~e~
Accepted this +day of dameis 2009 for the City of Denton, Texas (Resolution No. 91-
073).
By: -1~ pl-'z
Paul Williamson
Real Estate Manager
Upon recording return original to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
EXHIBIT A
METES AND BOUNDS DESCRIPTION
BEING a 0.108 acre tract of land situated in the R. Beaumont Survey, Abstract Number 31, Denton County, Texas,
in the City of Denton, being a portion of the tract of land described in the deed to Royzor Investments, Ltd
recorded in Volume 1796, Page 601, Deed Records of Denton County, Texas and followed up in the correction
deed recorded in Volume 2335, Page 903, Deed Records of Denton County, Texas, said 0.108 acre tract of land
being more particularly described as follows:
BEGINNING at the intersection of the northerly right-of-way line of West University Drive (U. S. Highway 380, a
variable width right-of-way) and the easterly right-of-way line of Georgetown Drive (a 55' wide right-of-way);
THENCE with the easterly right-of-way line of Georgetown Drive North 0047'04" East a distance of 20.00 feet to
a point for corner;
THENCE departing the easterly right-of-way line of Georgetown Drive South 892836" East a distance of 236.21
feet to a point in the westerly line of a 10 foot wide utility easement described in the instrument recorded in
Volume 4061, Page 334, Deed Records of Denton County, Texas;
THENCE with the westerly line of said 10 foot wide utility easement South 00'40'24" West a distance of 20.00
feet to a point in the northerly right-of-way line of West University Drive,
THENCE departing the westerly line of said 10 foot wide utility easement with the northerly right-of-way line of
West University Drive North 8928'36" West a distance of 236.25 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 0.108 acres (4,725 square feet) of land.
NOTE.• The bearings recited herein are based upon the Texas Coordinate System of 1983, North Central Zone.
QF
® D
O S
•OOD000DOD000000DOD9DD
Q GREGORY S. IFFLAND
BDOODO DOD BOJyyDODOOD®0000
®D AIf 4351 P®®~
Q
20' WIDE UTILITY EASEMENT
AwQ DUNAWAY PORTION OF
1601 Merrimac arcle • sane 100 • Fort Wodh, TX 76107 RAYZOR INVESTMENTS, LTD
Tel: 817-996.1121 • Fox! 817-986-7487 VOLUME 1796, PAGE 601
FOLLOWED UP IN CORRECTION
A plat of even date accompanies DEED j
this metes and bounds description VOLUME 2335, PAGE 903
CITY OF DENTON
May 22, 2008 DENTON COUNTY, TEXAS
2006029
EXHIBIT B
i
All,
SCALE : 1 100'
1j
Py~
10' UTILITY EASEMENT I CO
o VOLUME 4061, PAGE 334
D.R.D.C.T. ( Z m c~
z H~
RAYZOR INVESTMENTS, LTD E4 a a E.
VOLUME 1796-601 a a E.
D.R.D.C.T. E-
C~ 110 a n
} Paz rx WchQ
Z 3 RAYZOR INVESTMENTS, LTD ~ ~ o.
CORRECTION DEED o p
p° $ VOLUME 2335-903 I A o a
I~ D.R.D.C.T. p
W N
Q) '8 W 16' UTILITY EASEMENT
N
VOLUME 719, PAGE 991 3
D.R.O.C.T.
2
g
z o
E _S89'28`3b" ~E - 236.21' /
N89'28'36"W - 236.25'
POINT OF 16' UTILITY EASEMENT
BEGINNING VOLUME 16, PAGE 16
P.R.D.C.T.
WEST UNIVERSITY DRIVE/ U. S. 380
VARIABLE WIDTH RIGHT-OF-WAY
20' WIDE UTILITY EASEMENT
0.108 ACRES
4,725 S.F.
20' WIDE UTILITY EASEMENT
~ D U N AWAY PORTION OF
1501 Me"Imm arcle • suite 100 • Fait Worth, TX 76107 RAYZOR INVESTMENTS, LTD
Tel: 817-335-1121 • Fox:817-335-7437 VOLUME 1796, PAGE 601
FOLLOWED UP IN CORRECTION
A metes and bounds description DEED
of even date accompanies this VOLUME 2335, PAGE 903
drawing. CITY OF DENTON
DENTON COUNTY, TEXAS
May 22, 2008 2006029
Doc-135586 - '
Electronically Filed Document
Denton County
Cynthia Mitchell
County Clerk
Document Number: 2009.135586
Recorded As ERX-EASEMENT "
i
1
Recorded On: November 23, 2009
Recorded At: 02:28:11 pm
Number of Pages: 6
Recording Fee: $31.00
Parties:
Direct- RAYZOR INVESTMENTSLTD
Indirect-
I
Receipt Number: 639078
Processed By: Carmen Robinson
I
THIS PAGE IS PART OF THE INSTkUMENT
Any provislon 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,
I
V"ExTAT20J-TEXA3)
COU
~Q COVNTV OF D ENTON)
I hereby eerkdy th-ttku wpoeewtwee FILED loth. File N"hernquenot mthe deteftiwe
pooled heron, -ad was duly RECORDED Who OHteul Recatde of Denton Cowtty, Tete-
aL AL caeetr clerk 1
j
Sendera "Title
GF# D9 5-/43- b t Ss
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY 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.
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, RAYZOR INVESTMENTS, LTD., hereinafter called "Grantor," for and in IL
consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good and
valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS,
hereinafter called "Grantee", the receipt and sufficiency of which are hereby
acknowledged, does by these presents grant, bargain, sell and convey to the Grantee,
the free and uninterrupted use, liberty and privilege of the passage in, along, upon and
across certain property, owned by Grantor and situated in Denton County, Texas, in the
Robert Beaumont, Survey, Abstract No. 31, and being more particularly described as
0.108 acre tract in Exhibit "A" and depicted in Exhibit "B", both of which are attached
hereto and made a part hereof by reference as if fully set forth herein (the "Easement
Property").
And it is further agreed that the said City of Denton, Texas in consideration of the
benefits above set out, will remove from the property above described, such fences,
buildings, and other obstructions as may now be found upon said property, for the
purpose of access and construction activities in, along, upon and across said premises.
It is specifically understood that the scope of the access and construction activities shall
include the clearing and removal of vegetation and trees that exist within the Easement
Property. The City of Denton, its agents, employees, workmen and representatives
shall have ingress, egress, and regress in, along, upon and across said premises for the
purpose of access and construction activities or any part thereof. Upon conclusion of
the initial construction, the temporary access and construction easement shall terminate
and the City shall remove all debris, surplus material, and construction equipment and
leave the property substantially equal in appearance to the condition existing prior to
construction, except for any trees or shrubs removed. The terms of this grant shall
expire two (2) years from the execution date hereof.
GRANTOR disclaims all warranties of every kind, express or implied, including
but not limited to all warranties of title and all warranties against encumbrance, and this
grant of TEMPORARY EASEMENT is made wholly without warranty.
TO HAVE AND TO HOLD the above easement unto GRANTEE as aforesaid for
the purposes aforesaid the premises above described.
EXECUTED this day of , 2009.
Rayzor Investments, Ltd., a Texas limited partnership
By: The Rayzor Company, a Texas
corporation, its general partner
By:
Phillip A. EVaker, Vice President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
Ss instrument was acknowledged before me on this the Zlxz~.Zday of
ga ,ua.ry-, 2009 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas
corporation, as general partner of Rayzor Investments, Ltd., a Texas limited partnership,
on behalf of said limited partnership.
DEANNA McCLESKEY r
MY COMMISSION EXPIRES
M9~OrI1e,201o Notary Public - State of Texas
' femBbd
Accepted thisday of dsmuaFy, 2009 for the City of Denton, Texas (Resolution No.
91-073).
By: ~t Q C/lJ
Paul Williamson
Real Estate Manager
Upon recording return original to:
City of Denton
Utility and CIP Engineering Department
Real Estate and Capital Support Division
901-A Texas Street
Second Floor
Denton, Texas 76209
EXHIBIT A
METES AND BOUNDS DESCRIPTION
BEING a 0.108 acre tract of land situated in the R. Beaumont Survey, Abstract Number 31, Denton County, Texas,
in the City of Denton, being a portion of the tract of land described in the deed to Rayzor Investments, Ltd
recorded in Volume 1796, Page 601, Deed Records of Denton County, Texas and followed up in the correction
deed recorded in Volume 2335, Page 903, Deed Records of Denton County, Texas, said 0.108 acre tract of land
being more particularly described as follows:
COMMENCING at the intersection of the northerly right-of-way line of West University Drive (U. S. Highway 380, a
variable width right-of-way) and the easterly right-of-way line of Georgetown Drive (a 55' right-of-way);
THENCE with the easterly right-of-way line of Georgetown Drive the following:
North 00'47'04" East a distance of 20.00 feet to the POINT OF BEGINNING;
North 00'47'04" East a distance of 20.00 feet to a point for corner,
THENCE departing the easterly right-of-way line of Georgetown Drive South 892836" East a distance of 236.17
feet to a point in the westerly line of a 10 foot wide utility easement described in the instrument recorded in
Volume 4061, Page 334, Deed Records of Denton County, Texas;
THENCE with the westerly line of said 10 foot wide utility easement South 00'4024" West a distance of 20.00
feet to a point for corner,-
THENCE departing the westerly line of said 10 foot wide utility easement North 892836" West a distance of
236.21 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 0.108 acres (4,724 square feet) of land.
NOTE: The bearings recited herein are based upon the Texas Coordinate System of 1983, North Central Zone.
P~GISTERFa a Y
W
e•oaaA®®mooae~ooooemm•
Q GREGORY S. EFFLAND
eooe a®ooeooeeoeoom®ooo /1
4351
a~®S S51 • A it
l
20' WIDE TEMPORARY
STRUCTION EASEMENT
1~ CON
~DUNAWAY
1601 Merdrnoo Circle • sure 100 • Fort Worth, TX 76107 PORTION OF
Tel: 817-996-1121 • Frnc 817-986-7457 RAYZOR INVESTMENTS, LTD
VOLUME 1796, PAGE 601
A plat of even date accompanies FOLLOWED UP IN CORRECTION DEED
this metes and bounds description VOLUME 2335, PAGE 903
CITY OF DENTON
May 22, 2008 DENTON COUNTY, TEXAS
2006029
EXHIBIT B
i
i
SCALE : l`-- 100'
,0~'
10' UTILITY EASEMENT
VOLUME 4061, PAGE 334
D.R.D. C.T. -i
oW zw
j RAYZOR INVESTMENTS, LTD F a P'
VOLUME 1796-601 I -A R Fora
D.R.D.C.T. E,~ a w M a
oaz 'a ra
w
Z p RAYZOR INVESTMENTS, LTD a w
o O CORRECTION DEED I o
O? C VOLUME 2335-903 p a
Q o a
N D.R.D.C.T. C I D
W
Q) ~3 16' UTILITY EASEMENT 3
L VOLUME 719, PAGE 991 N
D.R.D.C.T.
8 g
POINT OF
BEGINNING -589'2-8'36"E - 236.17' to
N00 47'04 E - 20.00'- N89'28'36"W - 236.21'
POINT OF 16' UTILITY EASEMENT
COMMENCING VOLUME 16, PAGE 16
P.R.D.C.T.
WEST UNIVERSITY DRIVE / U. S. 380
VARIABLE WIDTH RIGHT-OF-WAY
20' WIDE TEMPORARY
CONSTRUCTION EASEMENT
0.108 ACRES
4,724 S.F.
20' WIDE TEMPORARY
UCTION EASEMENT
A 1r CONSTR
~DUNAWAY
1601 Merdnm Cltcle - sure 100 - Fat Wor h, TX 76107 PORTION OF
Tel: 817-335.1121 - Fat: 817-996.7487 RAYZOR INVESTMENTS, LTD
VOLUME 1796, PAGE 601
A metes and bounds description FOLLOWED UP IN CORRECTION DEED
of even date accompanies this VOLUME 2335, PAGE 903
drawing. CITY OF DENTON
DENTON COUNTY, TEXAS
May 22, 2008 2006029
ooGA355s2 -
1
1
Electronically Filed Document
Denton County
Cynthia Mitchell
County Clerk
Document Number: 2009135582
Recorded As ERX-EASEMENT
Recorded On: November 23, 2009
a
Recorded At: 02:24:13 pm'
Number of Pages: 6
Recording Fee: $31.00
Parties:
3
Direct- RAYZOR INVESTMENTSUD
Indirect-
Receipt Number: 639078
Processed By: Carmen Robinson
F
***********'r THIS PAGE IS PART OF THE iNSfRUMENT'"*"**'""'*'`**
Any provislon 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
1
THE OTATE 01, TEXAS) ,
G+QU~ COUNTY OF gENTONJ -
t Iterahy certify Chet thus rrRtrunspr wee FILED bt the File Nuwb.r.agu.nce an do datr/gna
pr1Wed L.ra.%.dd wee duly RECORDED to Ihd OHrewd Mectdt of Denton Caoety, Ydeet
Cauntr Clark
Sendera Title
GF# DgS-J 4 3 - D 14 S N`
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY 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.
ELECTRIC EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, Rayzor Investments, Ltd., whether one or more, hereinafter called "Grantor,"
for and in consideration of the sum of ONE DOLLAR and NO CENTS ($1.00) and other good
and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS,
hereinafter called "Grantee", the receipt and sufficiency of which are hereby acknowledged,
does by these presents grant, bargain, sell and convey to the Grantee, the free and
uninterrupted use, liberty and privilege of the passage in, along, upon and across certain
property, owned by Grantor and situated in Denton County, Texas, in the R. Beaumont
Survey, Abstract No. 31, and being more particularly described in Exhibit "A", and depicted in
Exhibit "B", both of which are attached hereto and made a part hereof by reference as if fully
set forth herein (the "Easement Property").
And it is further agreed that Grantee, in consideration of the benefits above set out, will
have the right to remove from the Easement Property, such fences, buildings and other
obstructions as may now be found upon said Easement Property; but only to the extent
necessary to complete the construction of the below described Electric Line Facilities and
maintain same thereafter; provided, however Grantee will take reasonable efforts that are
necessary to minimize interference with and removal of any of such items.
The easement rights granted herein are for the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining electric utilities, and related facilities ("Electric
Facilities"), in, along, upon and across said Easement Property, with the right and privilege at
all times of the Grantee herein, it or its agents, employees, workmen and representatives to
have ingress, egress, and regress in, along, upon and across said Easement Property for the
purpose of making additions to, improvements on and repairs to said Electric Facilities or any
part thereof. Grantor's overall property of which the Easement Property is a portion is referred
to herein as the "Grantor's Property".
Grantor shall have no obligation to construct or maintain the Electric Facilities. Grantor
hereby reserves to itself, its successors and assigns, all rights in and to the Easement Property
and the right to use and enjoy the surface and subsurface thereof for any and all purposes
whatsoever, so long as such use does not unreasonably interfere with the rights herein
granted to Grantee. Grantor specifically reserves the right of passage over the Easement
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Property. Grantor RESERVES AND RETAINS THE RIGHTS BY, TO AND FOR THE BENEFIT
OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use the Easement Property for the
location, construction, reconstruction, relocation and operation of such Electric Utilities
necessary or desired for the conduct of Grantor's development of the Grantor Adjoining
Property so long as Grantor's use of such ground space does not unreasonably interfere with
the rights herein granted to Grantee, which uses will be subordinate to the Grantee's easement
rights herein, and (ii) construct or place fences, pavement and landscaping on or adjacent to
the Easement Property so long as same does not unreasonably interfere with the rights herein
granted to Grantee, and specifically including the right to place paved driveways and access
areas over the Easement Property. It is understood that brick, stone or masonry walls and/or
columns shall not be used in the construction of fences within the Easement Property, and any
fences placed across the easement shall contain gates or removable panels so that the
Easement Property is readily accessible by the City's employees and agents at all times and
that there shall be no longitudinal installation of fencing within the Easement Property.
In the event that Grantor, or Grantor's successors and assigns, chooses to locate
Grantor's facilities within the easement property pursuant to Grantor's reservation of its right to
do so, such Electric Utilities shall only cross the Easement at not less than a 45°angle and no
greater than a 900 angle to the centerline of the Easement, there shall be no longitudinal
installation. If such facilities are underground they shall be installed so as to maintain
reasonable clearance from any existing or proposed electric utilities. Prior to construction or
installation of Grantor facilities within the Easement Property by Grantor, or its successors or
assigns, complete construction plans depicting Grantor's proposed facilities shall be submitted
to the City Engineer of the City, for approval. Such approval will not be unreasonably withheld.
Any non-approved utility construction or installations shall be at-risk for future adjustment or
relocation at the sole cost and expense of the owner of the encroaching facility. Within 60
days after completion of construction of Grantor's facilities, Grantor, or its successors or
assigns, shall submit to the City Engineer complete as-built construction plans of the subject
improvements.
The grant of easement rights hereunder is made subject to any of the following as they
relate to the Easement Property: (i) any and all restrictions, covenants, easements, tenancies
and other encumbrances of whatsoever nature and (ii) all zoning laws, regulations and
ordinances of municipal and other governmental authorities. The easement for the Easement
Property as provided for herein is made on an "AS IS" basis, and Grantee expressly
acknowledges that, in consideration of the agreements of Grantor herein, Grantor MAKES NO
WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY
OPERATION OF LAW as to the condition or suitability of the Easement or the Easement
Property for Grantee's easement rights and uses defined herein.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the
purposes aforesaid the premises above described.
Ao yU5~_
Witness my hand to be effective as of the 4A'Z day of Ja4asfy, 2009.
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Rayzor Investments, Ltd., a Texas limited partnership
By: The Rayzor Company, a Texas
corporation, its general partner
By:
Phillip A. Baker, Vice President
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
cad`'
This instrument was acknowledged before me on this the LA-Q L day of
2009 by Phillip A. Baker, Vice President of The Rayzor Company, a Texas corporation, as
general partner of Rayzor Investments, Ltd., a Texas limited partnership, on behalf of said
limited partnership.
- *104 DEANNAMCCLESKEY
A MY COMMISSION EXPIRES G
March 18,2o10 Notary Public - State of Texas
~jE.PT~BEaC
Accepted this d~day ofq, 2009 for the City of Denton, Texas (Resolution No. 91-
073).
By:
Paul Williamson
Real Estate Manager
Upon recording return original to:
City of Denton
Utilities Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
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Arthur Surveying Co., Inc.
I rofessionay -,and Surveyors
P.O. Box 54 Lewisville, Texas 75067
Office: (972) 221-9439 Fax: (972) 221-4675
EXHIBIT A
16' EASEMENT
0.091 ACRES
CITY OF DENTON, DENTON COUNTY, TEXAS
BEING all that certain lot, tract or parcel of land situated in the Robert Beaumont Survey,
Abstract Number 31, City of Denton, Denton County, Texas, and being a part of that certain tract
of land described in deed to Rayzor Investments, LTD., recorded in Volume 1796, Page 601 of
the Deed Records of Denton County, Texas, and being more particularly described as follows:
BEGINNING at a y2 inch iron rod found at the southwest comer of Lot 7, Block "XI", North
University Place Addition, Unit H, an addition to the City of Denton, Denton County, Texas,
according to the replat thereof recorded in Volume 4, Page 10 of the Plat Records of Denton
County, Texas, said point being in the east line of Georgetown Drive, having a 50 foot wide
Right-of-way;
THENCE South 89 degrees 02 minutes 19 seconds East, with the south line of said North
University Place Addition, Unit II, a distance of 247.49 feet to a l2 inch iron rod found at the
northwest comer of that certain tract of land described in deed to the Corporation of the Presiding
Bishop of the Church of Latter-Day Saints, recorded in Volume 474, Page 134 of the Deed
Records of Denton County, Texas;
THENCE South 00 degrees 59 minutes 57 seconds West, with the west line of said "Church"
tract, a distance of 16.00 feet to a point for corner;
THENCE North 89 degrees 02 minutes 19 seconds West, over, across and through said Rayzor
tract, a distance of 247.48 feet to a point in the east line of said Georgetown Drive'
THENCE North 00 degrees 58 minutes 04 seconds East, with the east line of said Georgetown
Drive, a distance of 16.00 feet to the POINT OF BEGINNING, and containing 0.091 acres of
land, more or less.
1 4
W. TH
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cAcity of denton 2009\hwy 390 efec esmt - 6024524951dwg1290212_esmt2.doc
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LINE TABLE
LINE BEARING LENGTH
NORTH L1 S00'59'57"W 16.00'
40 0 40 Feet L2 N00•58'04"E 16.00'
7 6 5 4
NOR TH U N I V E R S I TBYL PLACExIADDI T 1 0 N UN I T 11
V O L U M E 4 P A G E 1 0
RF) S89'02'19"E 247.49' I.R.F.
95.57' (CA)
1.R.F.
16' EASEMENT - 0.091 ACRES
N89'02'19"W 247.48' o
z
SECTION 5, TRACT ONE
A RAYZOR INVESTMENTS, LTD. w~
VOL. 1796, PG. 601 z
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EXHIBIT B
16 'Easemen t rthur Surveying Co., Inc.
0.091 Acres in the J
R. Beaumont Survey, Abst. No. 31 Professional Land Surveyors
City of Denton 972-221-9439 - Far 972-221-4675
Denton County, Texas 220 in S::e 4 suite 200 p o. Box 54
E) - Lewisville, Texas 75067
6\Clty pF ➢entpn 8009\HVY 388 ELEC ESMT - 682452495\tlrg\290212_esnffitlrg 3/85/2009 646.55 Im C➢T
Doc-135585
Electronically Filed Dootjment.
Denton County
Cynthia Mitchell
County Clerk
a -
Document Number: 2009-135585
Recorded As : ERX-EASEMENT
Recorded On: November 24, 2009
Recorded At: 02:28:01 pm'
Number of Pages: 6
Recording Fee: $31.00
i
Parties: ,
Direct- RAYZOR IIVVESTMENTSLTD
Indirect-
Receipt Number: 639078
Processed By: Carmen Robinson
THIS PAGE IS PART OF THE INST~ UMENT
Any provlslon 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
TNH STATE OI• TEXAS) l
`•O COUNTY OF DENTON)
1 kereby eoddy Ib.s4a - at-w t Won F14En la the FU* N"bat wgwaea oa kko da-a/thoa
prwaed hewn, and yr ddy RECORDED 0Ike OHt..J Meotd. of Donlan County, Taxes
7,t, A C -Ay Clalk
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ATTACHMENT 4
PROPOSAL
Starfite,5Ptqn Proposal 17393
7923 East McKinney - Denton, TX 76208 Proposal Date: 06/03/09
Phone.(940) 382-8850
Customer 660
Fax: (940) 387-0429 Page: 1 1 of 4
of 4
SOLD TO: JOB LOCATION:
University Center (City of Denton) University Center (City of Denton)
1720 West University Drive 1720 West University Drive
Denton TX 76201 Denton TX 76201
ATTN: Pamela England REQUESTED BY: Pamela England
Starlite Sign L.P. (HEREINAFTER CALLED THE "COMPANY") HEREBY PROPOSES TO FURNISH ALLTHE MATERIALS AND PERFORM ALL THE
LABOR NECESSARY FOR THE COMPLETION OF:
6598 Installation labor and materials to relocate an existing multi-tenant pylon
sign that measures 21'-6' overall height. The sign has a multi-tenant sign
cabinet with a separate "topper" mounted in between 10" square tubes. The
multi-tenant cabinet measures 12'-6"H x 9'4"1. The base measures 37-1/4"H x
147-1/2"L. This price is based on approximate dimensions that must be verified
via field survey. This price is also based on estimated engineering
requirements for new steel and pier sizes.
PRICE: $7,275.00
6598-01 Installation labor and materials to install a new base/cover around the base of
the sign. The base measures 37-1/4"H x 147-1/2"L.
PRICE: $5,625.00
6598-02 Line item includes an estimated cost for the following: Starlite Survey Time,
Engineering, Licensed Surveyor Time, Staff Time, Permit Fees, and Drawing Fees
required to obtain permits
* Starlite Survey Time - $ 150.00
* Engineering - $ 300.00
* Licensed Surveyor Time - $ 325.00
* Staff Time - $ 150.00
* Permit Fees - $ 75.00
* Drawing Time - $ 125.00
PRICE: $1,125.00
ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE ABOVE TO BE IN ACCORDANCE WITH THE DRAWINGS AND OR
SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A WORKMANLIKE MANNER FOR THE SUM OF:
TOTAL PROPOSAL AMOUNT: $14,025.00
TERMS: 50.0% DOWN, BALANCE DUE ON COMPLETION
(INTEREST OF 1.5% WILL BE ADDED TO PAST DUE ACCOUNTS)
COMPANY INITIALS CUSTOMER INITIALS
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SENDERA TITLE
505 S. Henderson Cb~
Fort Worth, Texas 76104
(817)336-0397
Fax: (817)336-0391
March 30, 2010
CITY OF DENTON, TEXAS
UTILITIES ENGINEERING DEPARTMENT
901-A Texas Street, 2nd Floor
Denton, TX 76209
ATTN: PAUL WILLIAMSON
RE: GF#: 095163-DNSH
PROPERTY:
Dear MR. WILLIAMSON,
Enclosed find your Owners Policy Title Insurance, No. 81143-001160 on the above
referenced property.
Thank you for allowing Sendera Title to handle your transaction. We appreciate your
business and hope that you found our service professional in every way.
Should you decide to sell, add improvements or refinance this property, we hope you will
advise your real estate agent and/or lender that you want to choose Sendera Title for your
real estate needs. We will retain your file and therefore would be in a position to expedite
your transaction in a timely manner.
If you have any questions on this transaction, please refer to the "GF" number listed
above and do not hesitate to contact us.
"Lnc rely,
Policy Department
encl: as stated above
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81143-001160
OWNER'S POLICY OF TITLE INSURANCE (T-1)
Issued by
Title Resources Guaranty Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the
Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, Title Resources Guaranty Company, a Texas corporation (the "Company") insures, as of Date of Policy and, to the extent stated in
Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by
reason of
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from:
(a) A defect in the Title caused by:
(i) forgery, fraud, undue influence, duress, incompetency, incapacity or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expired or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
(d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of
Policy.
3. Lack of good and indefeasible Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,
regulating, prohibiting or relating to:
(a) the occupancy, use or enjoyment of the Land;
(b) the character, dimensions or location of any improvement erected on the Land;
(c) subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent
of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective:
(a) as a result of the avoidance In whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title
to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a
fraudulent or preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state
insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records:
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has
been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in
the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
itle Resoxcrees Guaranty Company
m~
6]AA6.11o6e,,VSa1g.a1ure Exe tiv Vice President
Secretary
FORM T-1: Owner's Policy of Title Insurance (For Use Only in Texas) Effective: 5/01/2008
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or
expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or
relating to:
(1) the occupancy, use, or enjoyment of the Land;
(il) the character, dimensions or location of any improvement erected on the Land;
(iii) subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage
provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10);
or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title
as shown in Schedule A, is:
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because
of Unmarketable Title.
CONDITIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "Amount of Insurance": the amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by
Section 8(b), or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in Schedule A.
(c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity.
(d) "Insured": the Insured named in Schedule A.
(i) The term "Insured" also includes:
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors,
personal representatives or next of kin;
(B) successors to an Insured by dissolution, merger, consolidation, distribution or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title;
(1) If the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured,
(2) If the grantee wholly owns the named Insured,
(3) If the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured
are both wholly-owned by the same person or Entity, or
(4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule
A for estate planning purposes.
(ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": an Insured claiming loss or damage.
(f) "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive notice of matters affecting the Title.
(g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any
property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is Insured by
this policy.
(h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law.
(1) "Public Records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include
environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located.
Q) "Title": the estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender
on the Title to be released from the obligation to purchase, lease or lend if there is a contractual condition requiring the delivery of marketable
title.
2. CONTINUATION OF INSURANCE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or
interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the
Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either (i) an estate or Interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
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The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) below, or (ii) in case Knowledge shall
come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which
the Company may be liable by virtue of this policy. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice.
When, after the Date of the Policy, the Insured notifies the Company as required herein of a lien, encumbrance, adverse claim or other defect in
Title insured by this policy that is not excluded or excepted from the coverage of this policy, the Company shall promptly investigate the charge to
determine whether the lien, encumbrance, adverse claim or defect or other matter is valid and not barred by law or statute. The Company shall
notify the Insured in writing, within a reasonable time, of its determination as to the validity or invalidity of the Insured's claim or charge under the
policy. If the Company concludes that the lien, encumbrance, adverse claim or defect is not covered by this policy, or was otherwise addressed in
the closing of the transaction in connection with which this policy was issued, the Company shall specifically advise the Insured of the reasons for
its determination. If the Company concludes that the lien, encumbrance, adverse claim or defect is valid, the Company shall take one of the
following actions: (i) institute the necessary proceedings to clear the lien, encumbrance, adverse claim or defect from the Title as insured; (ii)
indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to
a subsequent owner, mortgagee or holder of the estate or interest in the Land Insured by this policy, a policy of title insurance without exception for
the lien, encumbrance, adverse claim or defect, said policy to be in an amount equal to the current value of the Land or, if a mortgagee policy, the
amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception
for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or
defect; or (vi) undertake a combination of (i) through (v) herein.
4. PROOF OF LOSS.
In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment
that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured
against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the
loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS.
(a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own
cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by
this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy.
The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent
the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not
pay any fees, costs or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this
policy.
(b) The Company shall have the right, in addition to the options contained In Sections 3 and 7, at its own cost, to institute and prosecute any
action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or
reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be
liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company
exercises its rights under this subsection, it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to
a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse
judgment or order. When the Company has reasonable grounds to dispute coverage under this policy, the Company may reserve its rights to
pay the claim and the costs of defense and seek reimbursement from the Insured for all amounts paid for which there was no coverage.
6. DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any
appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right
to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense,
shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or
effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or
any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's
obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation,
with regard to the matter or matters requiring such cooperation.
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the
Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the
authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the
loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in
writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third
party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested
information or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim.
(c) If the Insured demands that the Company accept a settlement offer that is not greater than the Amount of Insurance or if the Insured expressly
agrees that a settlement offer should be accepted, the Company has a right to be reimbursed if it has timely asserted its reservation of rights
and notified the Insured that it intends to seek reimbursement if it pays to settle or defend a claim that is not covered by the policy.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to
pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In
addition, the Company will pay any costs, attorneys' fees and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay; or
(ii) to pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the
Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under
This policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss
or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of:
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 3 or 5 and is unsuccessful in establishing the Title, as insured,
(1) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured
Claimant or as of the date it is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the
Land, all as insured, or takes action in accordance with Section 3 or 7, in a reasonably diligent manner by any method, including litigation and
the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or
damage caused to the Insured.
(b) In the event of any litigation, Including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or
damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as
insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the Amount of Insurance by the
amount of the payment.
11. LIABILITY NONCUMULATIVE.
The Amount of Insurance shall be reduced by any amount the Company pays under any policy Insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a
charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS.
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within
30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT.
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to
the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insured
Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit
the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction
or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of Insurance or bonds,
notwithstanding any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION.
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with
claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and
the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, onto any other
controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or
less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an
Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the
Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim, shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by
Schedule A of this policy.
(d) Each endorsement to this policy Issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the
endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend
the Date of Policy or (iv) increase the Amount of Insurance. Each Commitment, endorsement or other form, or provision in the Schedules to
this policy that refers to a term defined in Section 1 of the Conditions shall be deemed to refer to the term regardless of whether the term is
capitalized in the Commitment, endorsement or other form, or Schedule. Each Commitment, endorsement or other form, or provision in the
Schedules that refers to the Conditions and Stipulations shall be deemed to refer to the Conditions of this policy.
16. SEVERABILITY.
In the event any provision of this policy, in whole or In part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to
Include that provision or such part held to be invalid and all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM.
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium
charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies or
enforcement of policies of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against
the Title that are adverse to the Insured, and in interpreting and enforcing the terms of this policy. In neither case shall the court or arbitrator
apply its conflicts of laws principles to determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT.
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company
at:
Title Resources Guaranty Company
8111 LBJ Freeway, Ste. 1200
Dallas, TX 75251
ill
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Title Resources Guaranty Company
SCHEDULE A
Name and Address of Title Insurance Company:
TITLE RESOURCES GUARANTY COMPANY
8111 LBJ Freeway, Suite 1200, Dallas, Texas 75251
File No.: 095163-DNSH Policy No.: 81143-001160
i
Address for Reference only: N/A
Amount of Insurance: $193,600.00 Premium: $1,343.00
Date of Policy: November 23, 2009, at 2:24 pm
1. Name of Insured: City of Denton, Texas
2. The estate or interest in the Land that is insured by this policy is: Easement estate as created by that certain Utility
Easement dated September 2, 2009, executed by RAYZOR INVESTMENTS, LTD. to CITY OF DENTON, TEXAS,
filed November 23, 2009, recorded in/under #2009-135584 of the Real Property Records of Denton County, Texas. -
AS TO TRACT 1, PARCEL A
Easement estate as created by that certain Temporary Construction and Access Easement dated September 2, 2009,
executed by RAYZOR INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009, recorded
in/under #2009-135583 of the Real Property Records of Denton County, Texas. - AS TO TRACT 1, PARCEL B
Easement estate as created by that certain Utility Easement dated September 2, 2009, executed by RAYZOR
INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009, recorded in/under #2009-135586 of
the Real Property Records of Denton County, Texas. - AS TO TRACT 2
Easement estate as created by that certain Temporary Construction and Access Easement dated September 2, 2009,
executed by RAYZOR INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009, recorded
in/under #2009-135582 of the Real Property Records of Denton County, Texas. - AS TO TRACT 2
Easement estate as created by that certain Electric Easement dated August 3, 2009, executed by RAYZOR
INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009, recorded in/under #2009-135585 of
the Real Property Records of Denton County, Texas. - AS TO TRACT 3
3. Title is insured as vested in: City of Denton, Texas
4. The Land referred to in this policy is described as follows:
SEE ATTACHED EXHIBIT "A"
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FORM T-1: Owner's Policy of Title Insurance Page 1
it
Continuation of Schedule A Policy No, 81143-001160
EXHIBIT "A"
TRACT 1:
20' UTILITY EASEMENT
BEING all that certain lot, tract or parcel of land situated in the ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER
31, in the City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor
Investments, Ltd, Section 1, Tract One, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas,
and being more particularly described as follows:
BEGINNING at a half inch iron rod found at the northwest corner of said Rayzor Investments tract and the northeast
corner of that certain tract of land described in deed to Denton Independent School District (DISD), recorded in Volume 455,
Page 663 of the Deed Records of Denton County, Texas being in the south line of University Drive (U. S. Hwy 380) having a
100 foot wide right-of-way;
THENCE with the south line of said University Drive and with a curve to the left having a radius of 3869.72 feet an arc
length of 235.61 feet with a delta angle of 03 degrees 29 minutes 19 seconds whose chord bears North 84 degrees 57 minutes
40 seconds East at a distance of 235.58 feet to a point for corner at the northwest corner of a 20 foot Sanitary Sewer
Easement recorded in Volume 453, Page 481 of the Deed Records of Denton County, Texas;
THENCE South 00 degrees 24 minutes 00 seconds West, with the west line of said 20 foot Sanitary Sewer Easement, over,
through and across said Rayzor Investments tract, a distance of 165.19 feet to a point for corner thereof,
THENCE South 89 degrees 26 minutes 10 seconds East, continuing across said Rayzor Investments tract, a distance of 20.00
feet to a point for corner in the east line thereof being in the west line of Westway Street having a 60 foot wide rigbt-of-way;
THENCE South 00 degrees 24 minutes 00 seconds West, with the west line of said Westway Street, a distance of 20.00 feet to j
a point for corner, i
THENCE over, through and across said Rayzor Investments tract the following three (3) courses:
North 89 degrees 26 minutes 10 seconds West, a distance of 40.00 feet to a point for corner;
North 00 degrees 24 minutes 00 seconds East, a distance of 162.53 feet to a point for corner and being at the beginning of a
non-tangent curve to the right having a radius of 3889.72 feet;
Continuing with said curve an arc length of 215.41 feet with a delta angle of 03 degrees 10 minutes 23 seconds whose chord
bears South 85 degrees 08 minutes 14 seconds West at a distance of 215.38 feet to a point for corner in the east line of said
DISD tract;
THENCE North 00 degrees 16 minutes 15 seconds East; with the east line of said DISD tract, a distance of 20.04 feet to the
POINT OF BEGINNING, and containing 0.193 acres of land, more or less.
20' TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
li
BEING all that certain lot, tract or parcel of land situated in the ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER
31, in the City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor
Investments, Ltd., Section 1, Tract One, recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas,
and being more particularly described as follows:
BEGINNING at a point for corner in the west line of said Rayzor Investments tract and the east line of that certain tract of
land described in deed to Denton Independent School District (DISD), recorded in Volume 455, Page 663 of the Deed
Records of Denton County, Texas from which the northeast corner thereof bears North 00 degrees 16 minutes 15 seconds
East a distance of 20.04 feet;
I
THENCE over, through and across said Rayzor Investments tract the following three (3) courses:
With a curve to the left having a radius of 3889.72 feet an arc length of 215.41 feet with a delta angle of 03 degrees 10 minutes
FORM T-1: Owner's Policy of Title Insurance Page 2
Continuation of Schedule A Policy No. 81143-001160
23 seconds whose chord bears North 85 degrees 08 minutes 14 seconds East at a distance of 215.38 feet to a point for corner;
South 00 degrees 24 minutes 00 seconds West, a distance of 162.53 feet to a point for corner;
South 89 degrees 26 minutes 10 seconds East, a distance of 40.00 feet to a point for corner in the west line of Westway Street
having a 60 foot wide right-of-way;
THENCE South 00 degrees 24 minutes 00 seconds West, with the west line of said Westway Street; a distance of 20.00 feet to
a point for corner at the southwest corner thereof;
THENCE over, through and across said Rayzor Investments tract the following three(3) courses:
North 89 degrees 26 minutes 10 seconds West, a distance of 60.00 feet to a point for corner;
North 00 degrees 24 minutes 00 seconds East, a distance of 159.99 feet to a point for corner and being at the beginning of a
non-tangent curve to the right having a radius of 3909.72 feet;
Continuing with said curve an are length of 195.22 feet with a delta angle of 02 degrees 51 minutes 39 seconds whose chord
bears South 85 degrees 18 minutes 41 seconds West at a distance of 195.20 feet to a point for corner in the east line of said
DISD tract;
THENCE North 00 degrees 16 minutes 15 seconds East, with the cast line of said DISD tract, a distance of 20.04 feet to the
POINT OF BEGINNING, and containing 0.191 acres of land, more or less.
The Company is prohibited from insuring the area or quantity of the land described herein. Therefore, the Company does
not represent that the acreage or square footage calculations are correct. References to quantity are for informational
purposes only.
TRACT 2:
20' UTILITY EASEMENT
BEING a 0.108 acre tract of land situated in the R. BEAUMONT SURVEY, ABSTRACT NUMBER 31, Denton County.
Texas, in the City of Denton, being a portion of the tract of land described in the deed to Rayzor Investments. Ltd recorded
in Volume 1796, Page 601, Deed Records of Denton County, Texas and followed up in the correction deed recorded in
Volume 2335, Page 903, Deed Records of Denton County, Texas, said 0.108 acre tract of land being more particularly
described as follows:
BEGINNING at the intersection of the northerly right-of-way line of West University Drive (U. S. Highway 380, a variable
width right-of-way) and the easterly right-of-way line of Georgetown Drive (a 55' wide right-of-way);
THENCE with the easterly right-of-way line of Georgetown Drive, North 00147104" East a distance of 20.00 feet to a point
for corner;
THENCE departing the easterly right-of-way line of Georgetown Drive, South 89128'36" East a distance of 236.21 feet to a
point in the westerly line of a 10 foot wide utility easement described in the instrument recorded in Volume 4061, Page 334.
Deed Records of Denton County, Texas;
THENCE with the westerly line of said 10 foot wide utility easement, South 00140124" West a distance of 20.00 feet to a point
in the northerly rigbt-of-way line of West University Drive;
THENCE departing the westerly line of said 10 foot wide utility easement with the northerly right-of-way line of West
University Drive, North 89128136" West a distance of 236.25 feet to the POINT OF BEGINNING, CONTAINING a
computed area of 0.108 acres (4,725 square feet) of land, more or less.
20' TEMPORARY CONSTRUCTION AND ACCESS EASEMENT
BEING a 0.108 acre tract of land situated in the R. BEAUMONT SURVEY, ABSTRACT NUMBER 31, Denton County,
Texas in the City of Denton, being a portion of the tract of land described in the deed to Rayzor Investments, Ltd recorded in
Volume 1796, Page 601, Deed Records of Denton County Texas and followed up in the correction deed recorded in Volume
2335, Page 903, Deed Records of Denton County, Texas, said 0.108 acre tract of land being more particularly described as
FORM T-1: Owner's Policy of Title Insurance Page 3
Continuation of Schedule A Policy No. 81143-001160
follows:
COMMENCING at the intersection of the northerly right-of-way line of West University Drive (U. S. Highway 380, a
variable width right-of-way) and the easterly right-of-way line of Georgetown Drive (a 55' right-of-way);
THENCE with the easterly right-of-way line of Georgetown Drive the following:
North 00°47'04" East a distance of 20.00 feet to the POINT OF BEGINNING;
North 00°47104' East a distance of 20.00 feet to a point for corner;
THENCE departing the easterly right-of-way line of Georgetown Drive, South 89128136" East a distance of 236.17 feet to a
point in the westerly line of a 10 foot wide utility easement described in the instrument recorded in Volume 4061, Page 334,
Deed Records of Denton County, Texas;
THENCE with the westerly line of said 10 foot wide utility easement, South 00140124" West a distance of 20.00 feet to a point
for corner;
I
THENCE departing the westerly line of said 10 foot wide utility easement, North 89°28'36" West a distance of 236.21 feet to
the POINT OF BEGINNING, CONTAINING a computed area of 0.108 acres (4,724 square feet) of land, more or less.
The Company is prohibited from insuring the area or quantity of the land described herein. Therefore, the Company does
not represent that the acreage or square footage calculations are correct. References to quantity are for informational
purposes only.
TRACT 3:
16' EASEMENT
BEING all that certain lot, tract or parcel of land situated in the ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER
31, City of Denton, Denton County, Texas, and being a part of that certain tract of land described in deed to Rayzor
Investments, LTD., recorded in Volume 1796, Page 601 of the Deed Records of Denton County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found at the southwest corner of Lot 7, Block "XI", North University Place Addition,
Unit H, an addition to the City of Denton, Denton County, Texas, according to the replat thereof recorded in Volume 4, Page
10 of the Plat Records of Denton County, Texas, said point being in the east line of Georgetown Drive, having a 50 foot wide
right-of-way;
THENCE South 89 degrees 02 minutes 19 seconds East, with the south line of said North University Place Addition, Unit II,
a distance of 247.49 feet to a 1/2 inch iron rod found at the northwest corner of that certain tract of land described in deed to
the Corporation of the Presiding Bishop of the Church of Latter-Day Saints, recorded in Volume 474, Page 134 of the Deed
Records of Denton County, Texas;
THENCE South 00 degrees 59 minutes 57 seconds West, with the west line of said "Church" tract, a distance of 16.00 feet to
a point for corner;
THENCE North 89 degrees 02 minutes 19 seconds West, over, across and through said Rayzor tract, a distance of 247.48 feet
to a point in the east line of said Georgetown Drive;
THENCE North 00 degrees 58 minutes 04 seconds East, with the east line of said Georgetown Drive, a distance of 16.00 feet
to the POINT OF BEGINNING, and containing 0.091 acres of land, more or less.
The Company is prohibited from insuring the area or quantity of the land described herein. Therefore, the Company does
not represent that the acreage or square footage calculations are correct. References to quantity are for informational
purposes only.
I
FORM T-1: Owner's Policy of Title Insurance
Y Page 4
Continuation of Schedule A Policy No. 81143-001160
i
II~
i
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FORM T-1: Owner's Policy of Title Insurance Page 5
I
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Title Resources Guaranty Company
SCHEDULE B
File No.: 095163-DNSH Policy No.: 81143-001160
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by
reason of the terms and conditions of leases and easements, if any, shown in Schedule A, and the following matters:
1. The following restrictive covenants of record itemized below (the Company must either insert specific recording data or
delete this exception):
Item 1, Schedule B is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping
of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any Insured.
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other
entities,
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or
oceans, or
b. to lands beyond the line of harbor or bulkhead lines as established or changed by any government, or
c. to filled-in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the right of access to that area or
easement along and across that area.
5. Standby fees, taxes and assessments by any taxing authority for the year 2009, and subsequent years; and subsequent taxes
and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or
assessments for prior years because of an exemption granted to a previous owner of the property under Section 11. 13, Texas
Tax Code, or because of improvements not assessed for a previous tax year.
6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert
matters or delete this exception.):
a. Rights of parties in possession.
b. Rights of tenants in possession under any unrecorded rental or lease agreements.
I
C. Any visible and apparent easements on or across the property herein described, which are not shown of
record.
d. Easements, or claims of easements, which are not recorded in the public records.
e. Any portion of the property described herein within the limits or boundaries of any public or private
FORM T-1: Owner's Policy of Title Insurance Page 6
i
Continuation of Schedule B Policy No. 81143-001160
i
roadway and/or highway.
f. All oil, gas and other minerals in, on and under the herein described property, together with right of ingress
and egress, mining and oil drilling privileges appurtenant thereof, heretofore reserved by predecessors in
title. There is expressly excluded from coverage hereunder, and this Company does not insure title to oil, gas
and other minerals of every kind and character, in, on and under the property herein described. This policy
does not insure against loss sustained by the owner of the surface of said property through the exercise of the
right of ingress and egress and/or any other right or privilege incident to the ownership of said mineral
estate.
g. Terms, conditions and stipulations contained in Unrecorded Easement Purchase Agreement dated June 1,
2009 executed by and between Rayzor Investments, Ltd. and the City of Denton.
The following affects Tracts 1, 2 and 3:
h. Terms, conditions and stipulations contained in Oil, Gas or Mineral Lease dated September 14, 2006,
between The Rayzor Company, a Texas corporation, as Lessor and Voyager Partners, Ltd., a Texas limited
partnership, as Lessee, recorded in County Clerk's File No. 2006-114481, of the Real Property Records of _
Denton County, Texas. Title to said lease not checked subsequent to date of aforesaid instrument.
The following affects Tract 2:
i. An easement to the City of Denton, dated August 26, 1974, executed by Dobson Childrens Inter-Vivas Trust,
recorded in Volume 719, Page 991, of the Deed Records, Denton County, Texas.
i
j. Easement from Rayzor Investments, Ltd to the City of Denton, Texas, dated July 2, 1992, recorded in County
Clerk's File No. 93-R0022216, Real Property Records, Denton County, Texas.
k. Easement from Rayzor Investments, Ltd., a Limited Partnership to the City of Denton, Texas, dated March
12, 1998, recorded in Volume 4061, Page 334, Real Property Records, Denton County, Texas.
1. Terms, conditions and provisions of Utility Easement dated September 2, 2009, executed by RAYZOR
INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009, recorded in/under #2009-
135584 of the Real Property Records of Denton County, Texas. - AS TO TRACT 1, PARCEL A
in. Terms, conditions and provisions of Temporary Construction and Access Easement dated September 2, 2009,
executed by RAYZOR INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009,
recorded in/under #2009-135583 of the Real Property Records of Denton County, Texas. - AS TO TRACT 1,
PARCEL B
n. Terms, conditions and provisions of Utility Easement dated September 2, 2009, executed by RAYZOR
INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009, recorded in/under #2009-
135586of the Real Property Records of Denton County, Texas. - AS TO TRACT 2
o. Terms, conditions and provisions of Temporary Construction and Access Easement dated September 2, 2009,
executed by RAYZOR INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009,
recorded in/under #2009-135582of the Real Property Records of Denton County, Texas. - AS TO TRACT 2
P. Terms, conditions and provisions of Electric Easement dated August 3, 2009, executed by RAYZOR
INVESTMENTS, LTD. to CITY OF DENTON, TEXAS, filed November 23, 2009, recorded in/under #2009-
135585 of the Real Property Records of Denton County, Texas. - AS TO TRACT 3
q. Section 14 of the Conditions and Stipulations of this Policy is hereby deleted.
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FORM T-1: Owner's Policy of Title Insurance Page 7
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Continuation of Schedule B Policy No. 81143-001160
Countersigned
Silver Star Title, LLC dba S dera Title
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By
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FORM T-1: Owner's Policy of Title Insurance Page 8