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2007-247s:\our documents\ordinances\07\municipal utility additioncndeavor energy.doc ORDINANCE NO. ~D~~ vS `~ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE WITH ENDEAVOR ENERGY FOR THE MUNICIPAL UTILITY ADDITION CONTAINING APPROXIMATELY 58.42 ACRES, SITUATED IN THE M. AUSTIN SURVEY, ABSTRACT N0.4, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND RELATED DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has heretofore determined that it is advisable to lease, for oil and gas purposes, certain real property located in a Municipal Utility Addition; and WHEREAS, the City desires to authorize the City Manager to execute the lease with Endeavor Energy for an oil and gas lease; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The above and foregoing preamble is incorporated into the body of this Ordinance as if copied herein in its entirety. SECTION 2. The City Manager or his designee is hereby authorized to execute an oil and gas lease agreement between the City of Denton and Endeavor Energy, and related documents, which are attached hereto and incorporated herein by reference. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ ~~~ day of , 2007. ~~ ~~ PERK R. MINE LL, MAYO ATTEST: JENNIFER WALTERS, CITY SECRETARY B APPROVED t~IB TO LEGAL FORM: EDWIN M. SNYDER, CITY ATT0~,2NEY BY: NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, 1'OU 11IAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANl' 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. MEMORANDUM OF OIL AND GAS LEASE This Memorandum of Oil and Gas Lease is executed concurrently with [hat certain Oil and Gas Lease dated November 1, 2007, by and between THE Ctrv OF DENTON, TexAS (hereafter called "Lessor," whether one or more), whose address is 215 E. McKinney St., Denton, Texas 76201 and ENDEAVOR ENERGI' ReSOURCES, L.P., whose address is 110 N. Marienfeld Suite 200, Midland, Texas 79702 (hereafter called "Lessee"). Lessor and Lessee have entered into an Oil and Gas Lease dated November I, 2007 which contains a primary term of one (1) years from [he date thereof and covers the lands described, to-wil: 8/.1Oti1 acres mare or less in Denton County, Texas as more parliculndy described on Exhibit "A"attached hereto and made part hereof. A fully executed copy of the Oil and Gas Lease is in possession of both Lessor and Lesscc at their respective addresses. LESSOR: CITY OF DENTON, TexAS, a home rule municipality GEORG C. CAMPBELL, TY MANAGER ATTEST: WALTERS\CITY SECRETARY APPROVED AS TO LEGAL FORM: ED SNYDER, CITY ATTORNEY BY STATE OF TEXAS § COUNTY OF DEN1'ON § Before me. Lt.JQ A ffd t.~Ct`-f the undersigned notary public, on this day personally appeared GEORGE C. CAMPBELL, the City Manager of the CITY OF DL'NTON, who is known to me to be the person whose name is subscribed to [he foregoing instrument, and acknowledged to me that she executed that instrument for the purposes and consideration therein expressed. Given under my hand an ice this ~11~day of ~tYnP+•,.~y,, , , 2007 ,• n'r''r''u'e"~s LINDA NOLLEY ~ ~~ ~~f / c; Notary Public, State of T B5s t'~-~-eC.~ - ~ ` My Commwswn Ezp Notary Public, State of'Cexas s ' %~~~ Decelnbel 08. 2009 .,'~ of `. F3gCl Or2- M1IEMORANDUM OF OILAYD GAS LFASE (City of Denm,JSpencedMcmorandum)[emj;10150]] LESSEE: S'fA'fEOFTEXAS § COUNTY OF ~1TOIJ~AID § Before me, ~e7r~ 5. /~NQ r [he undersigned notary public, on this day personally appeared A`KRY G• Sle%i ~-.t5 the $OI.E y1kMBt fl of Endeavor Energy Resources, L.P. who is known [o me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein cxpresscd. Given under my hand and seal of office this~o2~ ay of OZ~ 2007. \\\P1[I I11IIIll/ll/ ,~ 0 .......RY ... y , .,~otP pGe...p~, ~G~. ~ y = T P 0,. ~OI,RES '~~ .. ,//3/1120,\~\` .~ Notary Public, a[e of Texas Paget oR- MEF10MxDU\iOYOn. ,\so Gxs LEdtie (City of Demon/Spencer/Memorandum)Iamj;10150]] EXHIBIT "A" ATTACHED TO AND MADE A PART OF THAT CERTAIN OIL AND GAS LEASE DATED NOVCMI3>rR I , 2007, BETWEEN THE CITY OF DENTON, TEXAS, AS LESSOR, AND ENDEAVOR ENERGY RESOURCES, L.P., AS LESSEE. 81.1062 acres of land, more or less, out of the Mary L. Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, being several tracts described as follows: TRACT ONE: A tract of land containing 37.249 acres, more or less, being all of that certain 55 acre tract conveyed by Warranty Deed dated October 13, 1954, from Len R. Henderson and wife, Marcella S. Henderson, to The City of Denton, Texas, and recorded in Volume 398, Page 576 of the Deed Records, Denton County, Texas, said 55 acre tract being more fully described as follows: All that certain tract or parcel of land situated in Denton County, Texas, about 11/2 miles Southeast of the City of Denton, and being a part of a 640 acre survey patented to Mary L. Austin on April 8, 1856, patent No. 1059, Volume 12, Abstract No. 4 and being a part of the tract conveyed to J. H. Sublett, by T. G. Ratcliff and wife by deed dated the 3rd of July, 1901, and recorded in vol. 83, page 7 of the Deed Records of Denton County, Texas, described by metes and bounds as follows: BEGINNING at the Northeast fence comer of the tract of land conveyed by Ratcliff to Sublett as stated, the same being on the South boundary line of a land running along the North boundary line of said tract conveyed by Ratcliff to Sublett at or near the Northeast corner thereof; THENCE North 88 degrees West 560.2 varas with fence and with the South boundary line of said lane to a stake for corner; THENCE South 2 degrees west 362.5 varas to a stake for comer on the Northeast boundary line of a public road; THENCE South 49 degrees IS minutes East 430.9 varas with fence and Northeast boundary line of said public road to a fence comer; THENCE South 88 degrees East 229 varas with fence and with the North boundary line of a public road which runs along the North boundary line of said tract conveyed by Ratcliff to Sublett; Exhibit "A", Page I of 13 THENCE North 1 degree 33 minutes East 632.2 varas to the place of beginning, and containing 55 acres of land, as surveyed by F. E. Shelton, County Surveyor of Denton County, Texas, on the 10th day of June, 1940, SAVE AND EXCEPT that certain tract of land containing 17.751 acres, more or less, conveyed in that certain Special Warranty Deed dated February _, 2003, from Spencer Station Generating Company, L.P. to the City of Garland, Texas, and recorded in Volume 5273, Page 463, Real Property Records of Denton County, Texas, said 17.751 acres being more fully described as follows: BEING all that certain lot, tract or parcel of land situated in the Mary Austin Survey, Abstract Number 4, in the City of Denton, Dentonon County, Texas, being a part of Lot 1, Block 2, of Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at an iron rod found for corner in the Norlh line of Spencer Road. a public roadway having aright-of--way of 60.0 feet, said point being the Southwest corner of that certain tract of land conveyed by Deed to N. Alex Bickley, Trustee, recorded in Volume 987. Page 548, Deed Records, Denton County, Texas; THENCE North 88 degrees 39 minutes 46 seconds West, 130.00 feet with said North line of said Spencer Road to an iron rod set for Place of Beginning; THENCE North 88 degrees 39 minutes 46 seconds,West, 299.83 feet with said North line of said Spencer Road to an iron rod set for corner; THENCE along the arc of a curve to the right, having a central angle of 32 degrees 15 minutes 19 seconds, a radius of 520.00 feet, an arc length of 292.74 feet. whose chord bears North 72 degrees 32 minutes 06 seconds West, 288.89 feet with said North line of said Spencer Road to an iron rod set for corner; THENCE North 52 degrees 50 minutes 00 seconds West, 281.92 feet with said North line of said Spencer Road to an iron rod set for corner; THENCE North 52 degrees 36 minutes 00 seconds West, 111.50 feet with said North line of said Spencer Road to an iron rod set for corner; THENCE North 20 degrees 02 minutes 44 seconds East. 92.00 feet to an iron rod set for comer; Exhibit "A", Page 2 of 13 THENCE North 02 degrees 23 minutes 36 seconds West, 267.94 feet to an iron rod set for corner; THENCE North 88 degrees 09 minutes 17 seconds East, 48.91 feet to an iron rod set for corner; THENCE North Ol degree SO minutes 44 seconds West, 206.45 feet to an iron rod set for corner; THENCE North 38 degrees 22 minutes 23 seconds East, 161.33 feet to an iron rod set for corner; THENCE North 88 degrees 03 minutes 43 seconds East, 749.08 feet to an iron rod set for comer; THENCE South 44 degrees 06 minutes 44 seconds East, 53.08 feet to an iron rod set for corner; THENCE South 00 degrees 53 minutes 14 seconds West, 562.85 feet to an iron rod set for corner; THENCE South 87 degrees 46 minutes 24 seconds West, 258.02 feet to a fence corner for corner; THENCE South 02 degrees 2S minutes 18 seconds East, 114.07 feet to an iron rod set for corner; THENCE South 86 degrees 24 minutes 16 seconds West, 68.28 feet to an iron rod set for corner; THENCE South 02 degrees 32 minutes 00 seconds East, 1 S 1.23 feet to a fence corner for comer; THENCE North 87 degrees 3S minutes 34 seconds East, 294.01 feet to a fence corner for corner; THENCE Sou[h 09 degrees 41 minutes 28 seconds West, 180.28 feet to the Place of Beginning and containing 17.751 acres of land. TRACT TWO: A tract of land containing 13.3952 acres, more or less, being all of that tract of land containing 48.063 acres, more or less, conveyed by deed dated June 7, 1972, from Alcx Dickie, Sr., et al to the City of Denton, Texas, and recorded in Volume 648, Page IOS of Exhibit "A", Page 3 of 13 the Deed Records, Denton County, Texas, said 48.063 acre tract being more fully described as follows: All that certain tract situated in the Mary L. Austin Survey, Abstract No. 4 City and County of Denton, Texas; said tract being a part of a 194 acre tract described in a deed recorded in Volume 272, Page 543 of the Deed Records of Denton County, Texas, said tract being further described herein by metes and bounds as follows: BEGINNING at the southwest corner of said 194 acre tract said point lying on the eastern line of tract conveyed to the City of Denton by deed recorded in Volume 398, Page 576 of the Deed Records of Denton County, Texas; THENCE north Ol ° 25' 30" east 2347.7 feet to the most western northwest corner of aforementioned 194 acre tract the southeast corner of the E. Morris Survey, Abstract 868 bears south O1° 25' 30" west 53 varas; THENCE east 388.4 feet to a steel rod set for the return corner of the aforementioned 194 acre tract; THENCE north 66° 30' east 492.8 feet to steel rod set for the northeast corner of this; THENCE south 00° 08' east, at 445.5 feet the most western northwest corner of tract conveyed to Goode and Associates as shown by deed recorded in Volume 634, Page 711 of the Deed Records of Denton County, Texas, continuing and overall 2542.8 feet with the western line of said Goode Tract to its southwest corner, a steel rod; THENCE south 89° 50' west 904.9 feet with fence line to the place of beginning, SAVE AND EXCEPT that certain Drainage and Utility Easement tract containing 6.919 acres, more or less, on the North end of that certain 48.063 acre tract described above, said 6.919 acre tract adjoining the North line of Lot 1, Block 1, Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas, as it appears of record in Cabinet G, Page 346, Plat Records of Denton County, Texas; and SAVE AND EXCEPT that certain tract of 27.7488 acres, more or less, conveyed by Exchange Warranty Deed dated August 31, 1995, from the City of Denton, Texas to Terrano Realty, Inc., and recorded under Clerk's File No. 1996-010141 in the Real Property Records, Denton County, Texas, said 27.7488 acre tract being more fully described on Exhibit "A" thereto as follows: Exhibit "A", Page 4 of 13 All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the Mary Austin Survey, Abstract No. 4 and being part of Lot 1, Block 1 and part of Lot 1, Block 2 of the Municipal Utility Addition, an Addition to the City and County of Denton, recorded in Cabinet G, Page 346 of the Plat Records of Denton County, Texas and more particularly described as follows: COMMENCING at the northwest corner of said Lot 1, Block 1; THENCE South 02 deg. 13 min. 34 sec. West along the west boundary line of said Lot 1, Block 1, a distance of 110.27 feet to the POINT OF BEGINNING, said point being the southwest corner of a drainage and utility easement as shown on said plat; THENCE North 88 deg. 12 min. 27 sec. East, along said easement south boundary line a distance of 149.37 feet to a point for corner; THENCE South 57 deg. 16 min. 37 sec. East, continuing along said easement south boundary line a distance of 824.65 feet to a point for a corner in the east boundary line of said Lot 1, Block 1; THENCE South 00 deg. 08 min. 00 sec. East, along the east boundary line of said Lot 1, Block 1, passing at 394.04 feet the southeast corner of said Lot 1, Block 1, same being the north right-of--way line of Morse Road, continuing and passing the south right-of--way of Morse Road, same being the northeast corner of said Lot 1, Block 2, continuing and along the east boundary line of said Lot 1, Block 2, a total distance of 1137.91 feet to a point for corner; THENCE South 88 deg. OS min. 58 sec. West, a distance of 864.1 1 feet to a point for a corner, said point being a salient comer of said Lot 1, Block 2, said point also being the easterly southeast corner of a tract described in Volume 2124, Page 775, Real Property Records, Denton County, Texas (R.P.R.D.C.T.); THENCE North 00 deg. 36 min. 10 sec. East, along the west boundary line of said Lot 1, Block 2, same being the east boundary line of said tract described in Volume 2124, Page 775 R.P.R.D.C.T., passing at 918.55 feet the northwest corner of said Lot 1, Block 2, same being the south right-of- way of Morse Road, continuing and passing the north right-of--way of Morse Road, same being the southwest corner of said Lot 1, Block 1, continuing and along the west boundary line of said Lot 1, Block I a total distance of 1572.24 feet to a point for a corner; Exhibit "A", Page 5 of L3 THENCE North 02 deg. 13 min. 34 sec. East, continuing along the west boundary line of said Lot I, Block I, a distance of 35.55 feet to the PLACE OF BEGINNING. TRACT THREE: A tract of land containing 9.565 acres, more or less, conveyed in that certain Exchange Warranty Deed dated August 31, 1995, from Terrano Realty, Inc. to the City of Denton, Texas, and recorded under Clerk's File No. 1996-010140 in the Real Property Records, Denton County, Texas, being more fully described on Exhibit "A" thereto as follows: BEING all that certain lot, tract or parcel of land situated in the Mary L. Austin Survey, Abstract No. 4, in the City and County of Denton, Texas, being a part of that certain "Tract C" described in a Deed from Dallas Land Development to Jewell M. Parham, recorded in volume 832, Page 79, Deed Records, Denton County, Texas, being also a part of that certain Tract "B" described in volume 832, Page 79, Deed Records, Denton County, Texas, and being a part of that certain (called) 0.3031 acre tract of land described in Ordinance No. 84-175 by the City of Denton, Texas, recorded in Volume 1565, Page 428, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at an iron rod found for corner in the east line of Woodrow Lane, a public roadway and in the north line of Spencer Road, a public roadway, said point being the southwest corner of said "Tract C"; THENCE North 00 deg. 02 min. 25 sec. East, 271.47 feet with the east line of said Woodrow Lane to an iron rod set for corner, in the south line of a 30.0 foot road easement described in Volume 407, Page 472, Deed Records, Denton County, Texas; THENCE North 88 deg. 20 min. 46 sec. East, 542.36 feet with said south line of said 30 foot road easement to an iron rod set for PLACE OF BEGINNING; THENCE North 88 deg. 20 min. 46 sec. East, 565.64 feet with said south line of said 30 foot road easement to an iron rod set for corner, said point being the northwest corner of Lot 1, Block 2, Municipal Utility Addition, an Addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas; Exhibit "A", Page 6 of 13 THENCE South 04 deg. 23 min. 39 sec. West, 952.05 feet with the west line of said Lot 1 to an iron rod set for corner in said north line of said Spencer Road; THENCE North 53 deg. 42 min. 41 sec. West, 715.25 feet with said north line of said Road to an iron rod set for corner; THENCE North 09 deg. 22 min. 02 sec. East, 516.49 feet to the PLACE OF BEGINNING. TRACT FOUR: A tract of land containing 1.114 acres, more or less, conveyed in that certain Exchange Warranty Deed dated August 31, 1995, from Terrano Realty, Inc. to the City of Denton, Texas, and recorded under Clerk's File No. 1996-010140 in the Real Property Records, Denton County, Texas, being more fully described on Exhibit "A" thereto as follows: BEING all that certain lot, tract or parcel of land situated in the Mary L. Austin Survey, Abstract No. 4 in the City and County of Denton, Texas, being a part of that certain "Tract B" described in a Deed from Dallas Land Development to Jewell M. Parham, recorded in Volume 832, page 79, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at an iron rod found for corner in the east line of Woodrow Lane, a public roadway and in the south line of Spencder Road, a public roadway; THENCE along the arc of a curve to the right, having a central angle of 37 deg. 36 min. 38 sec., a radius of 470.09, an arc length of 308.58 feet, whose chord bears south 69 deg. 02 min. 36 sec. East, 303.07 feet with said south line of said Spencer Road to an iron rod found for corner; THENCE South 53 deg. 42 min. 41 sec. East, 197.70 feet with said south line of said Road to an iron rod set for PLACE OF BEGINNING; THENCE South 53 deg. 42 min. 4l sec. East, 624.48 feet with said south line of said Road to an iron rod found for comer, said point being the northwest corner of that certain tract of land described in Volume 478, Page 175, Deed Records, Denton County, Texas; THENCE South 18 deg. 03 min. 24 sec. West, 46.83 feet to an iron rod found for corner in the north line of a 150.0 foot railroad right-of--way; Exhibit "A", Page 7 of 13 THENCE along the arc of a curve to the left having a central angle of 04 deg. 04 min. 15 sec., a radius of 2815.03, an arc length of 200.00 feet, whose chord bears North 58 deg. 16 min. OS sec. West, 199.96 feet with said north line of said railroad right-of--way to a point for corner; THENCE North 62 deg. 06 min. 37 sec. West, 409.42 feet with said north line of said railroad right-of--way to an iron rod set for corner in said east line of said Woodrow Lane; THENCE North 20 deg. 08 min. 39 sec. East, 125.10 feet to the PLACE OF BEGINNING. TRACT FIVE: A tract of land containing 1.825 acres, more or less, conveyed in that certain Warranty Deed dated November 18, 1992, from the Esta[e of Sallie Simpson to the City of Denton, Texas, and recorded in Volume 3386, Page 799 of the Real Property Records, Denton County, Texas, being more fully described on Exhibit "A" thereto as follows: All that certain tract or parcel of land situated In the Mary L. Austin Survey, Abstract Number 4, Denton County, Texas; said tract also being part of a tract shown by deed to Mrs Sally Simpson as recorded in Volume 387, Page 241 of the Deed Records, Denton County, Texas, and being more fully described as follows: Beginning for the northeast comer of the tract being described herein at a found iron pin, said iron pin also being in the east line of said Simpson tract, the northwest corner of a tract shown by deed to Terry Fischer and John Frame as recorded in Volume 1278, Page 849, Denton County, Real Property Records, and also being in the south right-of--way line of Spencer Road (a public road), as occupied on the ground; Thence South Ol degrees 10 minutes 45 seconds East, along the east line of said Simpson tract, and the west line of said Fischer & Frame tract, a distance of 170.53 feet to a set iron pin for the southeast corner of the herein described tract; said iron pin also being in the south line of said Austin Survey, the same being the north line of the R. Hopkins Survey, Abstract Number 1694, Denton County; Thence North 87 degrees 43 minutes 43 seconds West, along the south line of said Austin Survey, and the north line of said Hopkins Survey, a distance of 91.13 feet to a 36-inch Post Oak for the southwest corner of the herein described tract; said Post Oak also being the southwest corner of said Simpson tract, and in the northeastern right-of--way line of the M.K. & T. Railroad; Exhibit "A", Page 8 of l3 Thence North 40 degrees 55 minutes 13 seconds West, along and near a fence, the southwestem line of said Simpson tract, and the northeastern right-of--way line of said M.K. & T. Railroad, also being 75.0 feet in a northeasterly direction, and parallel with the center line of said railroad, a distance of 579.33 feet to a set iron pin for the southern northwest corner of the herein described tract; said iron pin also being the south corner of Tract 2 as shown by deed to the City of Denton as recorded in Volume 478, Page 125, Denton County Deed Records; Thence North 41 degrees 25 minutes 00 seconds East, along the northwestern line of the remainder of said Simpson tract, and the southeastern line of said Tract 2, a distance of 88.13 feetto aset iron pin for the northern northwest corner of the herein described tract; said iron pin also being the northern northwest corner of said Simpson remainder tract, the east corner of said City of Denton Tract 2, and also being in the southwestern right-of--way line of said Spencer Road; Thence South 47 degrees 51 minutes 44 seconds East, along the occupied southwestern right-of--way line of said Spencer Road, also along and near a fence, a distance o 196.84 feet to a fence corner post for an angle point; Thence South 52 degrees 03 minutes 02 seconds East, continuing along the occupied southwestern right-of--way line of said Spencer Road, also along and near said fence, a distance of 333.20 feet to the Point of Beginning. TRACT SIX: A tract of land containing 7.420 acres, more or less, conveyed in that certain Dedication Deed dated September 3, 1997, from NW Realty, Inc. and Terrano Realty, Inc. to the City of Denton, Texas, and recorded under Clerk's File No. 1997-089213 in the Real Property Records, Denton County, Texas, being more fully described on Exhibit "A" thereto as follows: ALL that certain tract or parcel of land lying and being situated in the Mary L. Austin Survey, Abstract Number 4, Denton County, Texas, being part of a called 105.2281 acre tract as described in a deed from Resolution Trust Corporation ("RTC") to NW Realty, Inc. on the 31st day of August, 1993, and recorded under County Clerk's File Number 93-R0065091, on the 16th day of September 1993, Real Property Records of Denton County, Texas and part of a called 27.7488 acre tract as described in a deed for the City of Denton, Texas to Terrano Realty, Inc. on the 31st day of August 1995 and recorded under County Clerk's File Number 96-R0010141, on Exhibit "A", Page 9 of 13 the 14th day of February, 1996, Real Property Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the southwest corner of said NW Realty, Inc. tract a "60 d" nail found for corner in the east right-of--way of Woodrow Lane in the north boundary line of a 30 foot road to the County of Denton as recorded in Volume 407, Page 472, Deed Records of Denton County, Texas; THENCE North O1° 54' 40" East along the east right-of--way of Woodrow lane a distance of 107.06 feet to an iron pin set for corner and the POINT OF BEGINNING of the herein described tract; THENCE North O1° 54' 40" East a distance of 100.04 feet to an iron pin set for corner; THENCE South 89° 39' 11" East a distance of 362.42 feet to an iron pin set for corner; THENCE around a curve to the left having a central angle of 52° 58' 40", a radius of 450 feet, a chord which bears North 63° 51' 29" East, 401.42 feet, an arc length of 4 ] 6.09 feet to an iron pin set for corner; THENCE North 37° 22' 09" East a distance of 891.86 feet to an iron pin set for corner; THENCE around a curve to the right having a central angle of 43° 24' 45", a radius of 550 feet, a chord which bears North 59° 04' 32" East, 406.83 feet, an arc length of 416.73 feet to an iron pin set for corner; THENCE North 80° 46' S4" East a distance of 958.56 feet to an iron pin set for corner; THENCE around a curve to the right having a central angle of 10° 15' 57", a radius of 1,035.82 feet, a chord which bears North 85° 54' S2" East, 185.34 feet, an arc length of 185.59 feet to an iron pin set for corner; THENCE South O l ° 02' S 1" West a distance of 100 feet to an iron pin set for corner; THENCE around a curve to the lefr having a central angle of 10° 15' S7", a radius of 935.82 feet, a chord which bears South 85° 54' S2" West, 167.45 feet, an arc length of 167.67 feet to an iron pin set for corner; THENCE South 80° 46' S4" West a distance of 958.56 feet to an iron pin set for corner; Exhibit "A", Page 10 of 13 THENCE around a curve to the left having a central angle of 43° 24' 45", a radius of 450 feet, a chord which bears South 59° 04' 32" West, 332.86 feet, an arc length of 340.96 feet to an iron pin set for corner; THENCE South 37° 22' 09" West a distance of 891.86 feet to an iron pin set for corner; THENCE around a curve to the right having a central angle of 52° 58' 40", a radius of 550 feet, a chord which bears South 63° 51' 29" West, 490.63 feet, an arc length of 508.55 feet to an iron pin set for corner; THENCE North 89° 39' l l" West a distance of 365.15 feet to the POINT OF BEGINNING. TRACT SEVEN: A tract of land containing 0.876 acres, more or less, conveyed in that certain deed dated February 17, 1962, from Sally Simpson and husband, Paul Simpson, to the City of Denton, Texas, and recorded in Volume 478, Page 125 of the Deed Records, Denton County, Texas, being more fully described in two tracts as follows: A) BEGINNING at a point in the Southerly line of a tract of land out of the Mary Austin Survey, Abstract No. 4, as conveyed to Sally Simpson by Nan Stausing et vir, and recorded in Volume 387, Page 241 of the Deed Records of Denton County, Texas. Said beginning point also being in the Northwesterly corner of an 0.3796 acre tract conveyed by said Sally Simpson to the City of Denton, Texas, and recorded in Volume 399, Page 471 of the Deed Records of Denton County, Texas, and in the Northerly line of the Missouri-Kansas and Texas Railroad Company right-of--way; THENCE North 34 degrees 51 minutes East, a distance of 46.7 feet to a point for a corner in the Northerly line of said Sally Simpson tract and the Southerly line of the Power Plant Road; THENCE South 49 degrees 15 minutes East, with the South line of said Power Plant Road, a distance of 66.6 feet to a point for a corner in the Northeasterly corner of the afore mentioned City of Denton tract; THENCE West with the North line of the City of Denton tract, a distance of 77.3 feet to the place of beginning, and containing 0.036 acres of land; and B) BEGINNING at a point in the Southerly line of a tract of land out of the Mary Austin Survey, Abstract No. 4, as conveyed to Sally Simpson by Exhibit "A", Page I 1 of 13 Nan Stausing, et vir and recorded in Volume 387, Page 241 of the Deed Records of Denton County, Texas. Said beginning point also being in the Northerly line of the Missouri-Kansas and Texas Railroad Co. right-of- way, and the Southwesterly corner of a tract heretofore conveyed to the City of Denton by Sally Simpson and recorded in Volume 399, Page 471 of the Deed Records of Denton County, Texas; THENCE Southeasterly with the Southerly line of said Sally Simpson tract, a distance of 591 feet to a point for a corner, THENCE North 41 degrees 25 minutes East, a distance of 88.2 feet to a point for a corner in the Northerly line of said Sally Simpson tract and in the Southerly line of the Power Plant Road; THENCE North 49 degrees 15 minutes West, with the Southerly line of said Power Plant Road, a distance of 522 feet to point for a corner in the Southeasterly corner of the afore mentioned City of Denton tract; THENCE West with the South line of said City of Denton tract, a distance of 75 feet to the place of beginning, and containing 0.84 acres of land. TRACT EIGHT: Tracts of land containing a total of 2.9 acres, more or less, lying in or under Spencer Road, a public roadway formerly known sometimes as Denton Plano Road and Power Plant Road, and located adjacent to Tracts One, Two, Three, Four, Five and Seven described above. TRACT NINE: A tract of land containing 6.762 acres, more or less, being situated in the City and County of Denton, State of Texas, and being part of the Mary Austin Survey, Abstract No. 4 and being the northern part of Lot 1, Block 1 of the Municipal Utility Addition, an addition to the City and County of Denton, recorded in Cabinet G, Page 346 of the Plat Records of Denton County, Texas and more particularly described as follows: BEGINNING at a t/2 inch rebar pin found for the northwest corner of said Lot I, Block 1; THENCE North 88 degrees 12 minutes 27 seconds East a distance of 385.10 feet to a 3/4 inch pipe found at an angle point in the north line of said Lot 1, Block 1; THENCE North 66 degrees 29 minutes 35 seconds East a distance of 493.02 feet to a 3/4 inch pipe found at the northeast corner of said Lot 1, Block l; Exhibit "A", Page L2 of 13 THENCE South 00 degrees 08 minutes 00 seconds East a distance of 760.00 feet to a point for comer on the east boundary line of said Lot 1, Block 1; THENCE North 57 degrees 16 minutes 37 seconds West a distance of 824.65 feet to an angle point; THENCE South 88 degrees 12 minutes 27 seconds West a distance of 149.37 feet to a point for comer on the west boundary line of said Lot 1, Block 1; THENCE North 02 degrees 13 minutes 34 seconds East along the west boundary line of said Lot 1, Block 1 a distance of 110.27 feet to the PLACE OP BEGINNING. Exhibit "A", Page 13 of 13