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2007-187• s:\nur documen[s\ordinances\07\windjammer row ordinance.doc ORDINANCE NO. ~?OG~'J-/p 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING TWO CORRECTION DEEDS FOR THE DONATION OF STREET RIGHT-OF-WAY, FROM WINDJAMMER, LTD TO THE CITY OF DENTON DATED SEPTEMBER 12, 2006 CONTAINING APPROXIMATELY 1.038 ACRES AND 1.210 ACRES AND SITUATATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 950,; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 12, 2006 Windjammer, Ltd. ("Windjammer") Conveyed to the City of Denton by Street Donation Right-of--Way Deeds street right-of=way to construct, maintain, repair and operate street, highway, right-of--way, drainage improvements, utilities and other related improvements; and WHEREAS, due to the wording of the deeds it was not the intent of the parties that the mineral estate be conveyed to the City; and WHEREAS, Windjammer has requested that the City approve and accept two correction deeds making it clear that the mineral estate was not conveyed to the City pursuant to said right- of-way deeds, copies of which are attached hereto and made a part hereof as Exhibit A (the "Correction Deeds") WHEREAS, the City Council finds that approval of the Correction Deeds is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Correction Deeds are hereby approved. The Real Estate & Capital Support Manager of the City of Denton or his designee is authorized to execute the Correction Deeds on behalf of the City. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ I't'/l day of ~~j~/Y~j 2007. RRY . McNEILL, MAYOR .. S:\Our Documen[s\Ordinanccs\07\Windjammcr ROW Ordinance.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 of 2 Exhibil A STREET RIGHT-OF-WAY DONATION DEED (Correction Deed) STATE OF TEXAS § § KNOB' ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT WINDJAMMER, LTll.. of Denton Cotmty, Texas, (whose mailing address is 2701 Wind River Lane, Denton, Texas 76210) whether one or more, hereinafter called "Grantor", for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to Grantors i~t hand paid by the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter called "Grantee", the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, GIVE and CONVEY unto the Grantee al] of that certain -tract or parcel of land containing approximately 1.038 acres of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and as illustrated in F_xhibit "B", both of which are attached hereto and made a part hereof for all purposes, together with all improvements situated thereon and alh and singularly the rights and appurtenances thereto and any and all right, title vtd interest of Grantor- in and to any adjacent streets, alleys or rights-of--way, hereinafter collectively called the "Property". It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right-of--way, drainage improvements, utilities and other related improvements. Grantor hereby waives any and al[ right for compensation for the property interests conveyed to Grantee hereunder, including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. RESERVATION OF MINERAL INTEREST Grantor's interest in any oil, gas or other minerals in, under, or that may be produced from the Property are not included in this conveyance and are expressly reserved by Grantor, provided that Grantor waives its right to use the surface of the Property for the purposes of mining, drilling, extracting, exploring, storing, or developing the oil, gas or other minerals, or taking any other action in connection with such mineral reservation to the extent such action shall have the effect of disturbing the surface of the Property. TO HAVE AND TO HOLD the Property, together with al] and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever. Gt~antor does hereby bind Grantor and Grantor's heirs, successors, executors and assigns, to wan~ant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. H:\kllynnl5hdnm 9321120 Unicorn LakdSVCCt Right-of--Way Dunafion Diet V2 -A-17-07 Joc THIS DEED IS MADE AND ACCEPTED POR THE PURPOSES OF CORRECTING A STREET RIGHT-OF-WAY DONATION DEED (THE "ORIGINAL DEED"} EXECUTED BY GRANTOR ON SEPTEMBER, 12, 2006, AND ACCEPTED BY GRANTEE ON OCTOBER 4, 2006, AND RECORDED AS DOCUiVIENT NUMBER 2006-122779 IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, WHICH ORIGINAL DEED UNINTENTINALLY OMITTED THE EXPRESS MINERAL RESERVATION SET FORTH ABOVE. THIS DEED SHALL REPLACE 1'HE ORIGINAL DEED, AND BY ITS ACCEPTANCE HEREOF GRANTEE AGREES THAT IT OWNS NO INTEREST IN THE MINERAL ESTATE IN THE PROPERTY, AND QUITCLAIMS TO GRANTOR ANY INTEREST IN SUCH MINERAL ESTATE [N THE PROPERTY. EXECUTED this ~ day of .2007, but effective September, 12, 2006. WINDJAMMER, lii'D. a Texas limited partnership By: Bob Shelton Enterprises a Texas limited partnership By: Bob Shelton Enterprises Management Company, LLC a Texas limited liability company, its General Partner By: --- Bob Shelton. resident ACKNOWLEDGEMENT STATE OF TEXAS COl1NTY OF DENTON This instrument was acknowledged before me this ~~ day of G AZ 2007, by Bob She]ton, President of BOB SHELTON ENTERPRISES M GEMENT COMPANY, LLC, a Texas limited liability company, on behalf of said limited liability company acting in its capacity as general partner of BOB SHELTON ENTERPRISES, LTD., a Texas limited partnership, said limited partnership acting in its capacity as general partner of WINDJAMMER, L.TD., a Teas limited partnership, o}r~behalf of said limited partnership- Nota Public, State of Texas ~~ LISA A. GELDING /911 r0'IARI/IRtC /U1E0i1FXAA;{ ~~~f1f eo~owoo nruES: JUNE 26, 2008 Printed Name My Commission Expires: _ ~~ 1 C~kflenn~Shelton 932\I20 Unicorn LakelS[reet Itigld-nf--Way Donation Dad V2 - 8-I7-O7.doc Accepted this day of , 2007 (but effective October 4, 2006), for the City of Denton, Texas (Resolution No. 91-073). By: Paul Williamson Real Estate & Capital Support Manager AFTER RECORDING RETURN TO: CITY OP DENTON -ENGINEERING City Hall East 601 East Hickory Street, Suite B Denton, Texas 76205 Attention: Paul Williamson H9k0ynn\Shchon 9321120 Unicorn Lake~Streee liighlbf-Way Dona[ion Died V2 - 8-17-O7.doc - F EXHIBIT A 1.038 ACRE RIGHT-OF-WAY DEDICATION SHORELINE DRIVE BEING A ].038 ACRE TRACT OF LAND SITUATED iN THE M.E.P. ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY; TE3C~ 136.50 ACRE TRACT OF LAND DESCRIBED IN A DEED TO WIND. RECORDED IN DENTON COUNTY CLERK'S FILE NO. 98-R006252 THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, WITH REFERENCE BEARING BEING THE EAST LINE OF 1VIND R AN ADDITION TO THE CITY OF DENTON, AS RECORDED IN CAF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, BEING MOR c P.R.R. SURVEY. S, AND BEING PART OF A ~IviMER, LTD. AS AND NO. 98-R009304] OF AID 1.038 ACRE TRACT, VER ESTATES, PHASE VII, !NET P, SLIDE 151-] 52 OF -PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET AT THE MOST EASTERLY NORTHEAST CORNER OF A 1.990 ACRE RIGHT-OF-WAY DEDICATION FOR SHORELINE DRIVE AS COUNTY CLERK'S FILE NO. 2004-] 66544 OF THE REAL PROPERT COUNTY, TEXAS, AND THE BEGINNING OP A CURVE TO THE LI ANGLE OF 07 DEGREES 37 MINUTES 33 SECONDS, A RADIUS OF CHORD THAT BEARS SOUTH 74 DEGREES 07 MINUTES 10 SECOi OF 48.34 FEET; TIIENCE, ALONG SAID CURVE TO THE LEFT. AN ARC DIST. dNCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED CORNER; THENCE, SOUTH.77 DEGREES 55 MINUTES 57 SECONDS EAST- A FEETTO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP S BURGESS" SET AT THE BEG[NNING OF A TANGENT CUR VE TO 7 CENTRAL ANGLE OF 3 ] DEGREES 51 MINUTES 29 SECONDS. A R AND A LONG CHORD THAT BEARS NORTH 86 DEGREES OS M1Nl. DISTANCE OF 199.52 FEET_ ECORDED IN DENTON RECORDS OF DENTON T HAVING A CENTRAL 13.50 FEET, AND A LONG )S EAST, A DISTANCE OF 48.38 FEET TO A 5!8 DER BURGESS"SET FOR )ISTANCE OF 31 ].8U AMPED "CARTER 1G LEFT HAVING A ~DIUS OF 3b3.50 FEET, fES 19 SECONDS EAST, A THENCE, ALONG SAID TANGENT CURVE TO THE LEFT; AN ARC DISTANCE OF 202.12 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SE"I' FOR CORNER; , THENCE, NORTH 70.DEGREES i2 Mite\UTES 34 SECONDS EAST_ A DISTANCE OF 31:74 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAA9PED "CARTER BURGESS" SET IN A 3.307 ACRE RIGHT-OP-WAY DEDICATION FOR UNICORN LAKE BOULEVARD AS RECORDED iN DENTON COUNTY CLERK'S FILE N0.2004-158897 i F THE REAL PROPERTY RECORDS OF DENTON COUN'T1', TEXAS: I:1SL01UNICORN10 2 7 9850 1\sdalaN985EX41 doc Page ~ of 2 s THENCE, SOUTH 19 DEGREES 47 MINUTES 26 SECONDS EAST, LAKE BOULEVARD, A DISTANCE OF 73.00 FEET TO A 5/8 INCH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FC THENCE, SOUTH 70 DEGREES 12 MUTES 34 SECONDS WEST, TO A 5/8 INCH IRON ROD W[TH A YELLOW PLASTIC CAP STAM SET AT THE BEGINNING OF A TANGENT CURVE TO THE RIGHT ANGLE OF 31 DEGREES 51 MINUTES 29 SECONDS, A RADIUS OI CHORD THAT BEARS SOUTH 86 DEGREES 08 MINUTES 19 SECO OF 239.59 FEET; _ONG SAID UNICORN :ON ROD WITH A CORNER; DISTANCE OF 31.74 FEET ED "CARTER BURGESS" HAVING A CENTRAL 436.50 FEET, AND A LONG JDS WEST, A DIS"1'ANCE THENCE, ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 242.71 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" S£T FOR CORT~'ER; THENCE, NORTH 77 DEGREES 55 MINUTES 57 SECONDS WEST, A DISTANCE. OF 3] 1.80 FEET TO A 5/8.INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET AT THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF d7 DEGREES 37 MINUTES 33 SECONDS, A RADIUS OF 436.50 FEET, AND A LONG CHORD THAT BEARS NORTH 74 DEGREES 07 MIN j TES I O SECONDS WEST, A DISTANCE OF 58.05 FEET; TIiENCL•, ALONG SAID TANGENT CURVE TO THE RIGHT, AN A FEET TO A 5/8 INCH IRON ROD WITH A YL-LLOW PLASTIC CAP BURGESS" SET IN THE RIGHT-OF-WAY OF AFORESAID SHORE THENCE, NORTH 19 DEGREES 4 f MINUTES 36 SECONDS EAST, p DRNE, A DISTANCE OF 73.00 FEET TO THE POWT OF BEGINNI 1.038 ACRES OF LAND, MORE OR LESS. ' DISTANCE OF 58.10 'AMPED "CARTER dE DR]VE; NG SAID SHORELINE AND CON"GAINING 9~~~~ 1951~1UNICOftM0219650~1sdataU 985EXa tdoc Page 2 of 2 .. . • ,c. BEN PRO Uµ~~00 ~ ~Sag9, CA=31'51'29° R=363.50' L=202.12' C8=N86'08'19"E CL=799.52' 73.00' CIRS 31 CIRS N 707 2'34°E 31.74' clRs CA=31'51'29° R=436.50' L=242.71' ce=sas•os'1 s°w CL=239.59' CIRS REMAINDER 136.50 ACRES WINDJA?AMER, LTD- D.C.C.F. p9 8-8006 2520 D.C. C. F. p'98-800530Si R.F.R. D. C.'. ~~ SCALE: 1' = 100' CA= 07'37'33" R=363.50' L= 48.38'- C8=S74'07'10°E CL=48.34' POYNT OF iBEG1NNIPIG D O A W~ ~o 0 ~ y a v O ,A ^ ~~ z 0 a 0 R=436.50' L=58.10• C8=N74'0' CL=58.05' ~}, 4~ 5J 9~0 4~~ ~o vi- PG ~~4 ~~~4 P 4EL J. 8AiTUP 4574 a~~~ S79'47'26"E~ 73.00' clRs SHORELINE DRIVE D. C. C.:. -a,200~-166545 RFA.O.C. T. R.P.R.D. C. T. IRE pE.wING 6ASE IS THE CA51 LINE CF MIND RNER ESTATES, PHq,E NI, AN ADDITION TO THE flTr Of AS RCCOROCO W cA6wCT P, SLIDE 151-152 OF iHf vW RECORDS OF OENiON CDUNtt, TCXAS. NQ I IRON ROD SET WTH YELLOW PLASTIC STAMPED "CARTER BURGESS' PROPERTY RECORDS OF DENTON iTY, TEXAS °°" °"°"°` EXHIBIT B SHEET scAU: ,- ~ ,o°• 1.038 ACRE ~®~~~~°~~~~~~~~ DReWp' Er: 1. KOCHv RIGHT-OF-WAY DEDICATION ,~ Ea,R,eR&oolBCU+~vc suL~N2C.5'o 1 OF ~ IN THC D41A5. TX ]5217-lBBI LRECKED Rr: u, BNIDP M.E.F. & P.R,ft- SURVEY AESTflACT RO. 9S0 (2IQ 638-0115 IN THE CITY Oi pEN1pN. pENTON CpUNTY, TiIUS c\SLD\UNICORN~02196501\Dra\tlwc\1985EX41.tlwg Exhibit A STREET RIGHT-OF-WAY DONATION DEED (Correction Deed) STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT WINDJAMMER, LTD., of Denton County, Texas, (whose mailing address is 2701 Wind River Lane, Denton, Texas 76210) whether one or more, hereinafter called "Grantor", for and in consideration of the sum of TEN DOLLARS (~ 10.00) and other good and valuable consideration to Grantors in hand paid by the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter called "Grantee", the receipt and sufficiency of which is hereby acknowledged, and for which no lien is retained, express or implied, does GRANT, GIVE and CONVEY unto the Grantee all of that certain tract or parcel of Land containing approximately 1.2]0 acres of land, situated in the City of Denton, Denton County, Texas, as more particularly described in Exhibit "A" and as illustrated in Exhibit "B", bath of which are attached hereto and made a part hereof for a[1 purposes, together with all improvements situated thereon and all, and singularly the rights and appurtenances thereto and any and all right, title and interest of Grantor in and to any adjacent streets. alleys or rights-of--way, hereinafter collectively called [he "Property". It is acknowledged and agreed that Grantee is acquiring the Property for the purpose of permitting Grantee or its agents or assigns to construct, maintain, repair and operate thereon street, highway, right-of--way, drainage improvements, utilities and other related improvements. Grantor hereby waives any and all right for compensation for the property interests conveyed to Grantee hereunder; including without limitation, the right or claim to severance damages, or any damages to, or diminution in value of, other lands belonging to Grantor, that may be claimed or asserted by virtue of such acquisition of the Property by Grantee. RESERVATION OF MINERAL INTEREST Grantors interest in any oil, gas or other minerals in, under, or that may be produced from the Property are not included in •this conveyance and are expressly reserved by Grantor, provided that Grantor waives its right to use the surface of the Property for the purposes of mining, drilling, extracting, exploring, storing, or developing the oil, gas or other minerals, or taking any other action in connection with such mineral reservation to the extent such action shall have the effeci of disturbing the surface of the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto said Grantee, its successors and assigns, forever. Grantor does hereby bhrd Grantor and Grantor's heirs, successors, executors and assigns, to warrant and forever defend, all and singular the Property unto the Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. Flak aynn\Shelton 9321Ro Unicorn LakAStn:et Rigltt-af--Way Donation Decd - 8-77-07.dac 1 THIS DEED IS MADE AND ACCEPTED FOR THE PURPOSES OF CORRECTING A STREET RIGHT-OF-WAY DONATION DEED (THE "ORIGINAL DEED") EXECUTED BY GRANTOR ON SEPTEMBER, 12, 2006, AND ACCEPTED BY GRANTEE ON OCTOBER 4, 2006. AND RECORDED AS DOCUMENT NUMBER 2006-122780 IN THE DEED RECORDS OF DENTON COUNTY, TEXAS, WHICH ORIGINAL DEED UNINTENTINALLY OMITTED THE EXPRESS MINERAL RESERVATION SET FORTH ABOVE. THIS DEED SHALL REPLACE THE ORLGINAL DEED, AtND BY ITS ACCEPTANCE HEREOF GRANTEE AGREES THAT IT OWNS NO INTEREST IN THE MINERAL ESTATE IN THE PROPERTY, AND QUITCLAIMS TO GRANTOR ANY INTEREST IN SUCH MINERAL ESTATE IN THE PROPERTY. 2006. EXECUTED this ~ day of ~~~~~,rfll~i~ , 2007, but effective September, 12, WINDJAMMER, LTD. a Texas limited partnership By: Bob Shelton Enterprises a Texas limited partncrship By: Bob Shelton Enterprises Management Company, LLC a'I'exas limited liability company, its Gene ' " sy: ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me this ~ day of 2007, by Bob Shelton, President of BOB SHELTON ENTERPRISES MA AGEMENT COIviPANY, LLC, a Texas limited liability company, on behalf of said limited liability company acting in its capacity as general partner of BOB SHELTON ENTERPRISES, LTD., a Texas limited partnership, said limited partnership acting in its capacity as general partner of WBNDJAMMER, LTD., a Teas limited partnership, n behalf of said limited partnership. l ,~ ~~ No Public, Stat/e/of Texas Printed Name My Commission Expires: o? ~JYS H:\kllynnlShellon 932\120 Unicorn Lake\Stn:et Riehl-oG~Vay Donmion Uad - 5-17-07.doc Bob Shelton, President Accepted this day of City of Denton, Texas (Resolution No. 91-073). By: 2007 (but effective October 4, 2006), For the Paul Williamson Real Estate & Capital Support Manager AFTER RECORDING RETURN TO: CITY OF DENTON -ENGINEERING City Halt East 601 East Hickory Street, Suite B Denton, Texas 7620 Attention: Paul Williamson }I:\kllynnl5hehon 93?U 20 Unicorn LaAelSVeet Right-ol=Way Donation Uaed -&17-07.doc EXHIBIT A ].210 ACRE RIGHT-OF-WAY DEDICATION CLUBHOUSE DRIVE BEING A 1.210 ACRE TRACT OF LAND SITUATED IN THE M.E.P ABSTRACT NO. 950, CITY OF DENTON, DENTON COUNTY, TEX 136.50 ACRE TRACT OF LAND DESCRIBED TN A DEED TO WINL RECORDED IN DENTON COUNTY CLERK'S F[LE NO. 98-R00625: THE REAL PROPERTY RECORDS OF DL•NTON COUNTY, TEXAS WITH REFERENCE BEARING BEING THE EAST LINE OF WII~7D F AN ADDITION TO THE CITY OF DEN'TON, AS RECORDED iN CA THE PLAT RECORDS OF DENTON COUNTY, TEXAS, BEING MO] DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH A YELLOW PLA "CARTER BURGESS" SET AT THE MOST SOUTHERLY SOUTH ACRE RIGHT-OF-WAY DEDICATION FOR SHORELINE DRIVE COUNTY CLERK'S FILE NO. 2004-166544 OF THE REAL PROPI COUNTY, TEXAS; THENCE„ SOUTH 27 DEGREES 31 MINUTES 14 SECONDS WEST, FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP BURGESS" SET AT THE BEGINNING OF A TANGENT CURVE TO CENTRAL'ANGLE OF 62 DEGREES 28 MINUTES 27 SECONDS. A AND A LONG CHORD THAT BEARS SOUTH 58 DEGREES 45 MIN A DISTANCE OF 448.57 FEET; THENCE, ALONG SAID TANGENT CURVE 7 0'I HE RIGHT. AN A FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP BURGESS" SL-T FOR CORNER; P.R.R. SURVEY, i, AND BEING PART OP A ~MMER, LTD. AS AND NO. 98-R0093041 OF AID 1.210 ACRE TRACT, DER ESTATES, PHASE VII, NET P, SLIDE t 51-152 OF PARTICULARLY CAP STAMPED ' CORNER OF A ] .990 ECORDED IN DENTON RECORDS OF DENTON DISTANCE OF.369.77 "AMPED "CARTER HE RIGHT HAVING A \DIUS OF 432.50 FEET, TES 27 SECONDS WEST, DISTANCE OF 47!.59 aMPED"CARTER THENCE, SOUTH 89 DEGREES 59 MINUTES 41 SECONDS WEST, A~ DISTANCE OF 5.38 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET IN THE EAST LINE OF SUNDOWN RANCH PHASE 3, AN ADDITION TO THE CITY OF DENTON ACCORDING TO THE PLAT RECORDED IN CABINET U, i AGE 768, PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE, NORTH 00 DEGREES 25 MINUTES 40 SECONDS EAST, ALONG'I'HE EAST LINE OF SAID SUNDOWN RANCH PHASE ;. A DISTANCE OF 65.00 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER; THENCE, NORTH 89 DEGREES 59 MIND"IES 41 SECONDS EAST, A~DISTANCE OF 4.88 FEET TO A 518 NCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET AT THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 62 DEGREES 28 MINUTES 27 SECONDS, A RADIUS OF 367.50 FEET, .4ND A LONG I a$L D\U NICO RM02198507 ~SdalaN 985EX42.doc Page 7 of 2 CHORD THAT BEARS NORTH SS DEGREES 45 MINUTES 27 SECONDS EAST, A DISTANCE OF 381.16 FEET; THENCE, ALONG SAID TANGENT CURVE TO T}lE LEFT, AN ARC DISTANCE OF 400.71 FEET TO 5/8 ~'CH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER; ` ~ THENCE, NORTH 27 DEGREES 3~1 MINUTES 14 SECONDS EAST, A DISTANCE OF 369.77 FEET TO A 5/8 INCH IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "CARTER .BURGESS" SET IN THE RIGHT- iF-WAY OF AFORESAID SHOREiINE DRIVE; THENCE, SOUTH b2 DEGREES DRNE, A DISTANCE OF 65.00 f 1.210 ACRES OF LAND, MORE i MINUTES 46 SECONDS EAST, ET TO THE POINT OF BEGINi• ~ LESS. NG SA1D SHORELINE AND CONTAINING r+Atl J. BAITUP .................... °a_ 4574 _,.~;~ jinl i15LD1UNICORM02t9850 ilsdala11985E7(42.doc Page 2 of 2 7.990 ACRES ~wE SHORELINE DRIVE D.C. C. F. (J2004-166; OO1~ R.P.R.D.C.T. SCALE: 1' = 100' ~~~ ~~ g~0 44'C~o. ~¢PG t14'4P ~~ aRs w R=367.50' o L=400.71' CB=N58'45'27"E w o° CL=381.16' Z ~ N89'S9'41"E 1 ir4.88' ~ 0 CIRSI CIRS HousE R=432.50' I'r CIRS clRS L=471.59' S89'S9'41 "W CB=S58'45'27"W ! 5.38' CL=448.57 CIRS CIRS '-POINT OF q~^^ BEGINNIIVG \ O v ~'~ i ti A O~ Q~ 04/ REMAINDER 136.50 ACRES WINDJAMMER, LTD. D. C. C. F. #9@-RO062520 D. C.GF. //9@-R0093D47 H. P.R. D.C. T. EL J ~ BAITUP 4574 a~t;.¢ ~~~F ~~n Y ~w ~ ~(I Ip-6 Z NV O sane ° n ~ a LEGEND ~ . j m CIRS j/g" IRON ROD. SET WITH YELLOW PLASTIC '^ a CAP STAIAPED iCA.RTER @URGE55" ~ R.P.R.D. C. T. REAL PROPERTY RECORDS OF DENTON COUNTY, TE%AS THE BEAFINg BASE IS THE EnST LINE OF WINO FNEF iSTATES, PH]SE VII, AN AppIT1ON TO THE CITY OF DENTOR, A5 RECOFDEO IN' CABwR P, SLICE 151-15Z OF THE Pfai RECOPDS OF OCnTON COUNT, lFxgq. DRTE: 09/0)/06 E X H (BIT B SHEET zULC: ,- ~ ~o0 1.210 ACRE ~~~~~~'°~9J1P~~~5 oanwN BY: ]..oE"N RIGHT-OF-WAY DEDICATION ICARTER G BDRG~E55, INC. 1 OF ~ IN THE IWIjA$ ~Ttl"imZ ]-{9615uI1E 950 CNECHEO Ott N. BMDP iN Il EPCDY Of DCNln ~lm"~inTN ~ieN NO. S5O t(21Q 6]9-0145 48501 \gra\dwg\i985EX42.dwo