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2002-311ORDINANCE NO. DSO" - J/ / AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY, RELATING TO THE PURCHASE OF AN APPROXIMATE SIXTY NINE ACRE TRACT OR PARCEL OF LAND BEING A PART OF LOT 1, BLOCK A OF THE LAKE FOREST GOOD SAMARITAN VILLAGE, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET F, PAGE 36, PLAT RECORDS, DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; 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 a Real Estate contract between the City and The Evangelical Lutheran Good Samaritan Society in substantially the form of the Real Estate Contract (the "Contract") which is attached hereto and made a part of this ordinance for all purposes, for the purchase of approximately 69 acres of real property. SECTION 2. The City Manager, or his designee, is authorized to make the expenditures as set forth in the Contract. SECTION 3. This ordinance shall become effective immediately upon it's passage and approval. PASSED AND APPROVED this /day of September, 2002. 6~~ At4, EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B . AP OVED S TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY BY: REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by The Evangelical Lutheran Good Samaritan Society (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. 1. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in "EXHIBIT A", attached herein, with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller reserves the the right of access, ingress, and egress to the existing lake on the Property including its beaches. This right of access is not superior to the public's general right to use the Property as a park. Purchaser shall maintain the lake. II. PURCHASE PRICE Amount of Purchase Price. The total purchase price for the Property shall be the sum of One Million One Hundred Forty Thousand Dollars and No Cents ($1,140,000.00) (the "Purchase Price"). 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. III. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within ten (10) business days after the date hereof, Seller, at Purchaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owner's policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) business days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the commitment. 2. Survey. Seller, at Seller's sole cost and expense, shall obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Following delivery of the Survey, the parties agree to amend this Contract to substitute the metes and bounds description of the Property set forth on the Survey for the current description set forth herein if the current description is different from that set forth in the Survey. Purchaser will have ten (10) business days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) business day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) business days after receipt of written notice, Purchaser, at its option may elect to terminate this Agreement (in which event this Agreement shall be null and void), grant Seller additional time to cure, or proceed to closing. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 2 3. Seller's Compliance. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. IV. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. Property to be sold in "AS IS" condition; however nothing herein shall be construed to release, discharge or hold harmless, any of Seller's predecessors in title. V. CLOSING The closing shall be held at the office of Texas Title Company, 2215 South Loop 288, Suite 320, Denton, Texas 76205 on or before September 30, 2002, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). VI. CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to the City of Denton a duly executed and acknowledged Special Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, assessments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof; and 3. Any exceptions approved by Purchaser in writing. 3 B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Texas Title Company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the City of Denton to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be bome by Purchaser; 2. The exception as to restrictive covenants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. D. Seller shall not be responsible for any applicable rollback taxes. 2. Purchaser's Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by the Purchaser, except each party will be responsible for its own attorney fees. VII. REAL ESTATE COMMISSION Seller and Purchaser represent and warrant to each other that neither has retained a broker for this transaction and that there are no broker or real estate fees due as a result of the consummation of this contract. 4 VIll. BREACH BY SELLER If Seller fails to fully and timely perform any of its obligations under this Contract or fails to consummate the sale of the Property for any reason, except Buyer's default, Buyer may enforce specific performance of this Contract. IX. BREACH BY PURCHASER In the event Buyer fails to consummate the purchase of the Property, if Seller is not in default under this Contract, Seller will have the right to enforce specific performance of this Contract. X. MISCELLANEOUS 1. Assignment of Agreement. Purchaser may assign this Agreement without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. a. Seller's agent for purposes of notice shall be: Jerry Nugent, Senior Director for Development and Operation Services, 4800 West 57" Street, P.O. Box 5038, Sioux Falls, SD 57117-5038. b. Purchaser's agent for the purposes of notice shall be: Edwin Snyder, Deputy City Attorney, City of Denton, 215 East McKinney Street, Denton, Texas, 76201 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtains a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Effective Date. The term "Effective Date" means the latter of the dates on which this Contract is signed by either Seller or Purchaser, as indicated by their signature below. If the last party to execute this Contract fails to complete the date of execution below that party's signature, the date the Title Company acknowledges receipt of a copy of this fully executed contract is the Effective Date. IN WITNESS WHEREOF, Seller and Purchaser have executed this contract as follows: SELLER: The Evangelical Lutheran Good Samaritan Society 4. BY: 1 c Title: Ci Z Date: 7/ `-'6 / 0 Michael A. Conduff City Manager 215 E. McKinney Denton, Texas 76201 Date: 9 b g kA COMPANY APPROVED AS TO CITY ATTORNEY CITY OUENTOW BY: The Title Company acknowledges receipt of the fully executed Contract on '2002. TITLE COMPANY: Name: Texas Title Company Address: 2215 South Loop 288 Denton, Texas 76205 Telephone: 940-382-8251 By: Printed Name: day of Title: EXHIBIT A LEGAL DESCRIPTION City Park 68.320 ACRES BEING all that certain lot, tract, or parcel of land situated in the N. Britton Survey Abstract Number 51 and in the T. Labor Survey Abstract Number 779 in the City of Denton, Denton County, Texas, being a part of Lot 1, Block A of Lake Forest Good Samaritan Village, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet F, Page 36, Plat Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer in the south line of Ryan Road, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Mary Ryan to Wayne S. Ryan and wife, Melbagene Ryan recorded in Volume 730, Page 599, Deed Records, Denton County, Texas, said point also being the northwest comer of said Lot 1, Block A of said Lake Forest Good Samaritan Village; THENCE S 88° 21' 16" E, 1014.59 feet with said south line of said Ryan Road to an iron rod set for PLACE OF BEGINNING; THENCE S 88° 21'45" E, 468.72 feet with said south line of said Ryan Road to an iron rod set for corner; THENCE S 000 15'64" W, 2543.39 feet to an iron rod set for corner in the north line of that certain tract of land conveyed by deed to Acme Brick Company recorded in Volume 3127, Page 930, Real Property Records, Denton County, Texas; THENCE N 89° 33'03" W, 1869.59 feet with said north line of said Acme Brick tract to an iron rod found for comer, said point being the northeast corner of that certain 'Tract K of land conveyed by deed from Ryan Ventures, LTD. to the City of Denton recorded in Volume 4994, Page 235, Real Property Records, Denton County, Texas; THENCE N 89° 54'30" W, 254.10 feet with the north line of said City of Denton "Tract K to an iron rod found for comer in the east line of Lot 39, Block J of Ryan Ranch, Phase I, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet S, Page 122, Plat Records, Denton County, Texas; THENCE N 00° 29' 54" W. 676.32 feet with said east line of said Ryan Ranch Phase I and with the east line of that certain tract of land conveyed by deed from Wayne S. Ryan at al to Wayne Ryan recorded in Volume 2522, Page 898, Real Property Records, Denton County, Texas to an iron rod set for corner; THENCE S 88° 55' 53" E, 574.60 feet to an iron rod set for corner; THENCE N 470 58' 14" E, 157.26 feet to an iron rod set for comer; THENCE N 14° 04' 10" E, 123.83 feet to an iron rod set for corner; THENCE N 37° 34' 35" E, 348.92 feet to an iron rod set for corner; THENCE N 11 ° 55' 56" E, 113.51 feet to an iron rod set for corner; THENCE S 88° 55' 53" E, 199.39 feet to an iron rod set for corner; THENCE N 33° 03'22" E, 258.89 feet to an iron rod set for comer; THENCE N 24° 55'01" E, 290.75 feet to an iron rod set for corner; THENCE S 88° 55'53" E, 248.41 feet to an iron rod set for corner; THENCE N 00° 15' 54" E, 790.81 feet to the PLACE OF BEGINNING and containing 69.320 acres of land. THE EVANGELICAL LUTHERAN Good C !r4,711 : Samaritan o Society In Christ's Love, Everyone Is Someone. 4800 West 57th Street 605-362-3100 phone PO Box 5038 605-362-3347 fax Sioux Falls, SD 57117-5038 w .good-sarnxom RESOLUTION OF THE BOARD OF DIRECTORS OF THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY Denton, Texas (Lake Forest) - Surplus Land Sale WHEREAS, The Evangelical Lutheran Good Samaritan Society owns surplus land adjacent to its Lake Forest Good Samaritan Village in Denton, Texas; and WHEREAS, sale of the property will alleviate a large financial risk in owning and maintaining the adjacent lake; and WHEREAS, the use of the land as a city park will enhance the current campus and future expansion of the campus, and WHEREAS, the proceeds of the sale will be used to pay down Lake Forest's Central Office advances and pay for the cost of campus infrastructure; now therefore BE IT RESOLVED, that The Evangelical Lutheran Good Samaritan Society sell the land described in the attached Exhibit "A" located at Denton, Texas, on terms acceptable to the President and that the President, Executive Vice President, or other appropriate persons delegated by them, have full authority to sign all documents in connection with such sale. I HEREBY CERTIFY, that I am the duly elected and acting Secretary of The Evangelical Lutheran Good Samaritan Society and that the above is a true and correct copy of a resolution passed by the Board of Directors of said corporation at a regularly called meeting at which a quorum was present and voting held July 9, 2002, and that said resolution is still in full force and effect and has not been rescinded. DATED this akfNay of 20 Sylvia 646se, Secretary Exhibit "A" SURVEY PLAT LAKE FOREST GOOD SAMARITAN VILLAGE 114.79 ACRES IN THE CITY OF DEMON DENTON COUNTY. TE:(AS 70 t us NORW DEx M 568 X670 ANDMARK (0,0) 86x40" SURVEYORS. INC. FAX:(600) 887-6706 Property to be sold is Tract II. The plat shown down does not represent the final plat, but does closely approximate the final plat. 0I 5224 WARRANTY DEED 02912 0Z-1DE [4 0232, - V, THE STATE OF TEXAS, § IP4~722 § KNOW ALL MEN BY THE COUNTY OF DENTON § of Sioux Falls THAT the undersigned, The Evangelical Lutheran Good Samaritan Society/ (hereinafter referred to as "Grantor", whether one or more) for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to it in hand paid by City of Denton, Texas, a home rule municipality (hereinafter referred to as "Grantee"), the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL, AND CONVEY unto the said Grantee, the real property more particularly described on Exhibit "A" attached hereto and made a part hereof, together with all improvements, rights, appurtenances, and hereditaments located thereon or pertaining thereto, including all right, title and interest of Grantor in and to adjacent streets, alleys, and rights-of-way (all of which foregoing are collectively referred to as the "Property"). THIS CONVEYANCE is expressly made by Grantor and accepted by Grantee subject to the permitted exceptions set forth in Exhibit "B" attached hereto and made a t part hereof by reference (the "Permitted Exceptions"). TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assignees to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, it's successors and assigns, against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under, Grantor, but not otherwise, subject to the Permitted Exceptions. Executed to be effective as of the ZS day of September 2002. The Evangelical Lutheran Good Samaritan Society.'of Sioux Falls By: . Title: 5224 02913 THE STATE OF~kFhUU~(()fi0§ COUNTY OF This instrument a mYJ_Lv , 2002, by is the (-YkC, Ul(~-V(pS'I~m~y- l Samaritan Society of Sioux Falls. JAN BICKNER NOTARY PUBLIC I SOUTH DAKOTA me on the a5 day of ~,fIOUSKV who's title Vu 0Tjthof The Lutheran Good f(tfary Public, State of SD MCI ~omv~uiy usr~ E-1u I - Z8 - d~5 After Recording, Return to: City of Denton Engineering Department 601 E. Hickory Suite B Denton, Texas 76205 Attention: Pamela England EXHIBIT A 5224 02914 LEGAL DESCRIPTION City Park 69.320 ACRES BEING all that certain lot, tract, or parcel of land situated in the N. Britton Survey Abstract Number 51 and in the T. Labor Survey Abstract Number 779 in the City of Denton, Denton County, Texas, being a part of Lot 1, Block A of Lake Forest Good Samaritan Village, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet F, Page 36, Plat Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer in the south line of Ryan Road, a public roadway, said point being the northeast corner of that certain tract of land conveyed by deed from Mary Ryan to Wayne S. Ryan and wife, Melbagene Ryan recorded in Volume 730, Page 599, Deed Records, Denton County, Texas, said point also being the northwest comer of said Lot 1, Block A of said Lake Forest Good Samaritan Village; THENCE S 88° 21'16" E, 1014.59 feet with said south line of said Ryan Road to an iron rod set for PLACE OF BEGINNING; THENCE S 88° 21'45" E. 468.72 feet with said south line of said Ryan Road to an iron rod set for corner; THENCE S 00° 15'54" W, 2543.39 feet to an iron rod set for corner in the north line of that certain tract of land conveyed by deed to Acme Brick Company recorded in Volume 3127, Page 930, Real Property Records, Denton County, Texas; THENCE N 89° 33'03" W, 1869.59 feet with said north line of said Acme Brick tract to an iron rod found for comer, said point being the northeast corner of that certain 'Tract A" of land conveyed by deed from Ryan Ventures, LTD. to the City of Denton recorded in Volume 4994, Page 235, Real Property Records, Denton County, Texas; THENCE N 890 54' 30" W, 254.10 feet with the north line of said City of Denton "Tract K to an iron rod found for comer in the east line of Lot 39, Block J of Ryan Ranch, Phase I, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet S, Page 122, Plat Records, Denton County, Texas; THENCE N 00° 29' 54" W, 676.32 feet with said east line of said Ryan Ranch Phase I and with the east line of that certain tract of land conveyed by deed from 5224. 0291+5 Wayne S. Ryan at al to Wayne Ryan recorded in Volume 2522, Page 898, Real Property Records, Denton County, Texas to an iron rod set for corner; THENCE S 88° 55'53" E. 574.60 feet to an iron rod set for corner, THENCE N 47° 58' 14" E, 157.26 feet to an iron rod set for comer; THENCE N 14° 04' 10" E, 123.83 feet to an iron rod set for corner; THENCE N 37° 34'35" E. 348.92 feet to an iron rod set for corner; THENCE N 11 ° 55'56" E, 113.51 feet to an iron rod set for corner; THENCE S 88° 55' 53" E, 199.39 feet to an iron rod set for corner; THENCE N 33° 03'22" E. 258.89 feet to an iron rod set for comer; THENCE N 24° 55'01" E, 290.75 feet to an iron rod set for corner; THENCE S 88° 55'53" E, 248.41 feet to an iron rod set for corner;. THENCE N 00° 15' 54" E, 790.81 feet to the PLACE OF BEGINNING and containing 69.320 acres of land. Exhibit--„B,,.- :5 2 2 4 02916 Easement created in instrument executed b THE RV. LUTHERAN GOOD SAMARITAN 1986, filedSAppOr11 FALLS ~1986~recorded in VolSERCH ume 1068, Page 761,~Deed ril 9, Records, DBNTON County, Texas. Gpp SITAN EasIETYment created CITY OFnDENTON ~TEXCA.4S gaated Augu Vat 2771/99886 filed December 23, 1987, recorded in Volume 1297, Page 007, Deed Records, bENTON county, Texas. RIVER~TTRANcreated in SMISSION instCrut COOPERATIVE, INCC.,,X ted,JuunneU25, 19411 tiled July 10, 1944, recorded in Volume 306, Page 604, Deed Records, DENT6N CooUnty, Texas, by I/q CKSRS VRetO1HENRnYdLfiS BWANT&RRS ST UXR~dated ne~29fo19501y L f,?RENA FLLETC,HEi45o recorded in Volume 361, Page 291, Deed Records, DN66h County, Texas. Reservation of all oil, 4ae and Cher inerala and all mines and wells of all oil, gas and other minerals in deed executed MRS. J. C. CASTELLAN, recorded E. Vol meT2888,, Pagee479, DeedrRecords, DEENTOON Counttyy, Texas1940, Easement created in instrument executed by THE EV. LUTHERIAN GOOD SAMARITAN SOCIETY OF SIOUX FALLS SOUTH DAKOTA, to CITY OF DENTON, dated June 3, 1986 filed June 9, 1966, recorded in Volume 1902, Page 810, Deed Records, DENT6N County, Texas. created FALLS eo CITYbOF y THE DENTON, ~ dated June 3 1986, filed October 27, 1986, recorded in Volume 2009, Page 10, Deed Records, DENTON County, Texas. Property Pro Vol y~wneLLET UX~ada ed~DeDy~er 1, 1 9726ffiP1 le count ber11,.19d2, r Corded L. RANTERREnand BERTIE tBELLE SANTEREE, dateCHAR d Decembbeer 11,, T1972, Afiledd HENRY December 11, 1972, recorded in Volume 661, Page 300, Deed Recor County, Texas. ds, DENTOh' yy BEATIEDBELLEa3ANTERREnto instrument POWERt& LIGHT 1COMPANY, dated Junand e 27, 1961 filed September 14, 1961, recorded in Volume 472, Page 596, Deed Recorda, , DENTON County, Texas. recorded in Volume 32~,~Page 397 Deed1Records, DENTONaCounty, lTexas. Easement Created in instrument executed b;FM NGELICAL LUTHERAN GOOD SAMARITAN SOCIETY to THE CITY OF DENTON , dated August 1, 2002 filed August 15, 2002, recorded in Volume 5156, Page 2703, T Records, DkNTON County, Texas. Easement created in instrument executed by EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY to THE CITY OF DENTON TEXAS, dated Augvet 1, 2002 filed COUnCVAugust; T 1T 24x2A002, recorded in volume 5156, Page 2709, Deed Recorda, D&N%i , Easement reated in instrument executed AguMARITA 15cS2002H1 toOrded gTYVOlume T53N6, Page 2date ADee u at 1 de2002 filed County, Texas. The following ea8ement(s) and/or buildin lines, as shown on play recorded in Cabinet F, Slide 36, Plat Records, DEkN County, Texas, to-wit: - As set forth thereon. Easement created in instrument executed by THE CHRISTIAN 9FE17LOWScHP in VollVHmNe1T845,OPays32, Deea)Records C~pLEDT6NECOunty J OTexas, 7corrected orded and refried on April 9, 1985; recorded in Volume 1604, Page 940, Deed Records, DENTON County, Texas': - - may. 5224 02917 JF i`EV Vic: EJ! L_' f'vi Gr1 F:'%G THE :ID P6J TcN =CFCEnJL Up~Eri i:pF.l'd THES 07 F i cF" .C-, Y c JF oFe%iry H,... : 1 a ,H 'n ne R6llumin, a.Fmc m cM1r,ao: 51a-.,., , ,.w .,a eir aECOae=o.a Cve~ p.e P. 2 ..:r.:e eerecnae:<=.:w*r a, e:-am..lT-a DEC 0 3 2002 `LQ"'" h i COUNTY CLERKU\A; OENTON CC 'WY, TEYA9 FiT( ped~ tggr~~~ Record in, I)EN CYNTHIA MI~T~TCF LL,1 COUNTY CLERK On Dec 03 2002 At 12:34pe Receipt t: 68052 Recording: L3.00 Doc/ft dggt : 6.00 Doc/ft : 2002-10154722 uo Depu y -Jane