2001-256FILE REFERENCE FORM I 2001-256 I
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AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A CONSERVATION EASEMENT AGREEMENT WITH TEASLEY PARTNERS,
LTD FOR A 5 254 ACRE TRACT IN THE A HILL SURVEY, ABSTRACT NUMBER 623,
DENTON COUNTY, TEXAS, AND PROVIDING AN EFFECTIVE DATE
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The City Manager m hereby authorized to execute an Agreement between
the C~ty and Teasley Partners, Ltd, m substantmlly the form of the Agreement which ~s attached
hereto and made a part of thru ordinance for all purposes
SECTION 2 Thru ordinance shall become effective ~mmed~ately upon its passage and
approval
PASSED AND APPROVED th, s the ,fl/,~ day of (~~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CI7 SECRETARY
BY -~/ ~
STATE OF TEXAS §
COUNTY OF DENTON §
CONSERVATION EASEMENT AGREEMENT
Tlus Conservation Easement Agreement ("Agreement") ~s made on tins ~
day of ~ 2001 (the "Effective Date"), by Teasley Partners, Ltd, of Denton
County, T(~xas, (~,hose mmlmg address Is 3608 Wandering Trml STE 268, Piano, Texas
75075) ("Grantor") and The City of Denton ("Grantee"), a home role mumcipahty
RECITALS
A Grantor is the sole owner m fee sunple of the real property legally described m
Exhibit "A" and illustrated m Exhibit "B', attached hereto and incorporated by tins
reference, wtnch is part of a 27.120-acre tract located m Denton County, Texas (the
"Property")
B The Property ns a sigmficant natural area that qualifies as a" relatively natural
habitat of fish, voldhfe, or plants, or snmlar ecosystem," as that phrase is used m Section
170(h)(4)(A)(u) of the Internal Revenue Code of 1986, as amended, and m regulations
promulgated thereunder In pamcular, the Property contains outstanding open space and
scemc qualities, a variety of w~ldhfe and potentml habitat for endangered species
C The specific Conservation Values of the Property are that the property possesses
natural, scemc, tustor~c, open space, scientific, biological and ecological values
D Grantor and Grantee have the common purpose of preservmg and maintaining the
Conservation Values of the Property
E Grantor and Grantee acknowledge that tins Agreement is being executed and the
Conservation Easement is being conveyed m perpetmty pursuant to the Texas Natural
Resource Code Chapter 183 and the pames w~sh to avail themselves of the provisions of
that law
F Grantee is orgamzed to preserve and protect natural areas and ecologically
slgmflcant lend for scientific, educational and charitable purposes, as is described m
Sections 501(c)(3) and 170(hX3) of the Internal Revenue Code of 1986
H Grantor, by granting and conveying the Conservation Easement, intends to make
a charitable contribution of a perpetual interest m the Property for conservation purposes,
and Grantee acknowledges Gtentor's charitable intent
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NOW, THEREFORE, for and m conmderaUon of the facts recited above and the
mutual covenants, tetins, condmons and restrictions contained herem, and other good and
valuable consideration, the receipt and sufficiency of wluch is hereby acknowledged,
Grantor hereby voluntarily donates, ~ut~s, ~rants and conveys unto the Grantee a
conservatton easement m perpetmty over the Property (the "Conservation Easement"),
together w~th all development tughts associated w~th the Property not expressly reserved
by Grantor, of the nature and character and to the extent heremafter set forth
1 PROPERTY USES. The purpose of the Conservation Easement is to (a)
ensure that the Property wtll be retained forever predominantly mtts natural and scemc
conthtlon, (b) protect native an~roals, plants, or plan commumt~es on the Property, (c)
provide for the conservation, maintenance and enhancement of the water quahty,
mcluchng vnthout l~m~tatlon, pollution avoia~nce and preservatuon and enhancement of
base flow, and (d) prevent any use of the Property that wtll slgmficantly nnptur or
mterf~e w~th the Conservatton Values described above Grantor intends that tlus
Agreement v~ll restrict the use of the Property only to the extent mcons~stent voth the
purposes of the Conservation Easement and as otherwise expressly prowded hereto
2 PROPERTY USES. Any activity on or use of the Property inconsistent
w~th the purposes of the ConservaUon Easement is prolubited Without lmutmg the
generality of the foregoing, the followmg is a hstmg of act~wt~es and uses which are
expressly prolubited or wluch are expressly allowed Grantor and Grantee have
determined that the allowed act~wt~es do not unpmr the Conservations Values of the
Property Additional retained rights of Grantor are set forth m Paragraph 3 below
2 1 Subdivision. The Property may not be &wded, sulxhvlded or partitioned,
nor conveyed or pledged for a debt except m its current configuratuon as
an entity
2 2 Easements. Grantor shall have the right to bring electr~city, phone and/or
ut~hty lmes to any new unprovements from the nearest avmlable lme and
to grant necessary easements to accomphsh same and shall have the r~ght
to grant other easements as are reasonably necessary for Grantor's use and
enjoyment of the Property and edjommg property owned by Grantor as of
the Effective Date, provided Grantor (a) g~ves Grantee at least twenty (20)
days prior written not~ce of its intent to grant such easement and a copy of
the documents(s) creating such easement(s) and (b) obtains Grantee's
consent to such proposed easement(s) If Grantee does not approve or
object to such proposed easement vothm twenty (20) days a~er Grantee's
receipt of the above not~ce, such easement shall be deemed approved
2 3 Mamtananee. Grantor shall maintain the Conservation Easement and the
specific Conservation Values
2 4 Mineral Extraction. No port,on of the Property may be used for the
purpose of mining, quarrying, drilling, boring, or exploring for or
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removing od, gas or other hydrocarbons, minerals of any kind, rocks,
stone, sand, gravel, aggregate, or earth, for any mineral development or
production act~wtles at any tune
2 5 Agricultural Use. Grantor has the laght to plant, cultivate and harvest
food plots for personal and/or wddhfe consumption (but not commercial
purposes) Except as prowded above or as other~qse allowed by Grantee,
there shall be no farming or other agricultural act~wties on the Property
2 6 Grazing. Grantor shall not graze or pasture domestic animals on the
Property for commercial purposes
2 7 Recreational Uses. Grantor shall have the right to engage m and perrmt
others to engage m recreational uses of the Property that requtre no
material surface alteration or other development of the land Pursmt of
vnldhfe by any form of motorized transportation is not allowed
2 8 No Surface Alteration. There shall be no datclung, draining, ddong,
fiilmg, excavating, dredging, mining, drilling or other alteration of the
surface of the Property, no d~storbance of the subsoils (including, but not
lnmted to, the excavation or removal of soil, sand, gravel, rock, peat, or
sod, or the placing of soil or other substances and materials such as land
fill or dredging spoils), and no other act~vltaes on the Property that could
cause material erosion or siltation thereof, except as may be reasonably
necessary to restore, maintain or enhance the natural hydrologic regnne of
the watershed or as may be reasonably necessary m the course of any
actiwty expressly pernutted m ttns Agreement
2 9 Removal of Vegetation. There shall be no removal, harvesting,
destruction or cutting of trees, shrubs, brush or other plants within
seuslt~ve areas (including, an area w~thm 300 feet of any creeks or habitat
for any endangered or threatened species of plants or antmals), except (a)
incidental select cutting or removal of vegetation as reasonably necessary
for appropriate management of the Property (including enhancement of
wew corndors for perrmtted residences and trails, removal of exotic
species of vegetation, cuttmg of fire wood for on-site use, maintenance of
open space and fire containment), (b) as reasonably necessary to
accommodate the activities and use pernutted m flus Agreement
(mcluthng the construction and maintenance of nnprovements), or (c) as
othervwse approved by Grantee m writing
2 10 Soil or Water Degradatmn. Except as necessary m connecUon w~th
those actiwtles expressly pernntted m this Agreement, there shall be no
change m the topography or surface or subsurface hydrology of the
Property m any manner Except as reasonably necessary m connection
vath those act~vlties expressly permitted hereto, any use or act~wty that
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causes or ~s ldiely to cause material soft degradation, erosion or siltation or
~1~o~ alteraUon or pollution of any ~ace or ~b~ace waters shall
be pro~blt~
2.11 Silage. No sl~s or blllboar~ or other ~v~smg &splays are allow~
on the Prop~, exit that s~s whose pl~ement, n~ber and desl~ do
not s~fi~tly ~m~ the ~c c~a~er of the Pr~ may be
&~lay~ to ~te the name and ad.ess of the Pro~ ~ the names of
p~s hvmg on the Prop~, to ~V~lSe or re~ate p=nmRed on-s~te
~es, to ~v~se the Pr~ for sale or rent, and to poa the
Pro~ to consol unauthorized en~ or use
2 12 Bi~d~; Feters. ~ere ~1 be no use of pe~c~des or b~ocldes,
mclu~g but not lmuted to mse~c~s, ~c~s, roden~c~des, and
herbicides (colle~vely "Bt'ocides'), exert (a) ~ reasonably necess~ to
consol mvaslve ~c~es de~men~ to the Conserva~on Values of the
Pr~, ~) ~ ~oved by ~tee ~y use of B~des must be tn
accordance w~th ~e man~ac~er's prescn~d recommend~ons and
m~o~ ~so, ~oadcast (aerial) ~ea~ent or use of B~oc~des is
~oh~b~t~ exert for the ~aymg of hvest~k ~antor may not use
f~l~s exert as reas~ably neces~ m connec~on vath marooning
len~mg and gardening surroun~g penm~ed h-nprovements or
c~va~on of ~ed food plo~, ~ov~ded such use ~s m ~cor~ce
with the man~ac~er's ~escnbed recommen~ons and resinous
2 13 Dump~g. ~ ~all ~ no storage or d~pmg of ~k garbage, or
other uns~tly or offenmve materials, bo~rdous ~bs~ces, or to~c
waste that may negahvely unpact or be ~men~ to the Conserva~on
Values
2 14 Storage Tunks. Grantor may not locate storage tanks on or under the
Property for the con~mnment of butane, propane, water, annual waste to
the extent necessary for Grantor's residential, agricultural, ranclung and
v~ldhfe management operations Except as prowded above, the use of
underground tanks for the storage of d~esel, gasoline and other
hydrocarbon fuels ~s prolublted
2 15 Predator Control Grantor shall have the right to control, destroy, or trap
predatory end problem ~mmals which pose a mater~al threat to hvestock
and/or humans The method employed shall be select~ve and specific to
md~wduals, rather than broadcast, nonselectuve techmques, and shall not
unpmr Conservation Values
2 16 Exotic Plants and Animals. Grantor shall have the right to (a) control,
destroy, or trap predatory and problem anunals wluch pose a material
threat to hvestock for non-commercml use, (b) landscaping and gardens
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around the perrmtted structures and unprovements (however, Grantor shall
use reasonable efforts to use native or adapted and drought-resistant
vegetation to the extent reasonably practicable), (c) as approved by
Grantee
2 17 Commercial Development. No commercial or industrial use of or
actiwty tn the Conservation Easement, except, those relating to
recreational, or education uses
3 TRANSFER. Grantor has the right to sell, gffi, mortgage, lease or otbervase
convey the Property tn its entirety, promded such conveyance is subject to the terms of
flus Agreement
4 GR.idVI~E'S RIGHTS. To accomplish the purpose of the Conservation
Easement, the following rights are granted to Grantee by flus Agreement
4 1 Right to Enforce. Grantee has the right to preserve and protect the
Conservation Values of the Property and enforce the terms of flus
Agreement
4 2 Right of Entry. With prior notice to and appotntment w~th Grantor,
Grantee has the right to enter the Property as follows one(l) tune each
calendar year (a) to respect the Property to determine if Grantor is
complying w~th the terms, covenants and purposes of the Conservation
Easement, (b) to motntor watershed characteristics and conditions and the
conchtion of the surface and subsurface waters on or adjacent to the
Property, and (c) to momtor and survey any endangered species on the
Property Notvnthstandmg anything heretn to the contrary, Grantee may
also enter the Property, voth prior notice to and appotntment w~th C-rentor,
tn order to inspect the progress of construction of structures on the
Property to tnsure that such construction is tn compliance wth the terms
of tins Agreement Grantee tnay also enter the property at such tnnes as
allowed by Grantor to conduct research on watershed and range
management techmques or such other purposes as agreed to by Grantor
4 3 Discretionary Consent. Cu'antee's consent for activities otherwise
prolubited or reqmrmg Grantee's consent under Paragraph 2 above, tnay
be g~ven under the following concht~ons and circumstances If, owing to
nn¢oreseen or changed circumstances, any of the protubited activities
listed tn Paragraph 2 are reasonably determtned to be desirable by both
Grantor and Grantee, Grantee tnay, tn its reasonable chseretion, g~ve
pv~...~ssion for such activmes, subject to the hrmtations heretn Such
requests for perrmssion, and permission for activities requmng Grantee's
consent shall be tn wnttng and shall descrthe the proposed activity tn
sufficient detml to allow Grantee to judge the consistency nfthe proposed
actiwty w~th the purpose of the Conservation Easement Grantee may
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gnve its pernussion only if tt determines, tn its reasonable d~screlaon, that
such actiwtaes (a) do not violate the purpose of the Conservalaon
Agreement and (b) etther enhance or do not Lrapmr any significant
Conservation Value Notwithstanding the foregomg, Grantee and Grantor
have no r~ght or power to agree to any activities that would result m the
te~-~tnalaon of the Conservalaon Easement In the event Grantor washes to
engage tn any activity or use of the Property reqmnng Grantee's consent,
Grantor shall send written notice to Grantee describing m reasonable detml
such request Grantee shall respond m writing to the request wathm s~xty
(60) days In the event Grantee fmls to ttmely respond to the request, such
request shall be deemed granted or approved
5 RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT AFFECTED.
Other than as spectfied hereto, this Agreement is not intended to nnpose any legal or
other responsibility on Grantor, or m any way to affect any cyastlng obhgation of Grantor
as owners of the Property Among other things, flus shall apply to
(a) Taxes - Grantor shall be solely responsible for payment of all taxes and
assessments levied against the Property
Co) Upkeep and Maintenance - Grantor shall be solely responstble for the
upkeep and maintenance of the Property, to the extent it may be reqmred
by law Grantee shall have no obhgatmn for the upkeep or maintenance
of the Property
6 ACCESS. No right of access by the general pubhc to any port~on of Property
ts conveyed by flus Agreement However, the pubhc has the right to wew the
Property from adjacent pubhcly accessthle areas such as public roads and waterways
7 ENFORCEMENT. If either Grantee or Grantor become aware of a wolat~on
of the teims of tins Agreement, such party may not~fy the other party of its
wolatton and request correcttve action sufficient to abate such violation and
restore the Property to its previous conchtton prior to the violat~on The
parttes agree that the Baseline Report shall be deemed to provide object, ye
mformat~on concerning the Property's concht~on at the tune of tins
conveyance Failure by the party alleged to be m breach (the "Breaching
Par/y") to abate the vtolat~on and take such other correct, ye action as may be
requested by the party alleging the violat~on (the "Non-Breaching Partjf)
vothm stxty (60) days after receipt of such not,ce shall entttle the Non-
Breaching Party to exercme any one or more of the following remeches (a)
bring an action at law or eqmty m a court of competent junschct~on to enforce
their t~ms of flus agreement, and/or CO) enjoin the non~comphance by
temporary or permanent injunction m a court of competent junschct~on If a
court of competent junschct~on datermmes that the Breaching Party has fmled
to comply wath flus Agreement, the Breaching Party shall rennborse upon
court order the Non-Breaclung Party for any reasonable costs of enforcement,
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mcindmS costs of restoration, court costs and reasonable legal expenses, m
addmon to any other payments det~.s~med and ordered by such court In the
event a court of competent jurisdiction determines that the Breacinng Party
was not m default under tins Agreement, the Non-Breaching Party shall
rennburse upon court order the Breaching Party for its reasonable costs and
expenses, including reasonable attorney's fees, mcu~red m connection w~th
defandmg such action as determined and ordered by such court Nothing
hereto shall be construed to entitle Grantee to institute any enforcement
proceedings against Grantor for any changes to the Property due to causes
beyond Crrantor's control, such as changes caused by fire, flow, storm,
earthquake or the unanthor~zed wrongful acts of third persons In the event of
violations of tlus Agreement caused by wrongful acts of tinrd persons, Grantor
agrees, upon request by Grantee, to assign its r~ght to action to Grantee, or to
join m any stat for the purposes of pursuing enforcement action, all at the
election of Crrantee
8 TRANSFER OF EASEMENT. The partaes hereto recogmze and agree that
the benefits of tins Conservation Easement are m gross and assignable,
provided that any assl~mment to a governmental entity shall be subject to
Grantor's consent, wluch consent may be approved or demed m Grantor's
consent, winch consent may be approved or demed m Grantor's chseretion and
any other assignment shall be subject to Grantor's consent, winch consent
shall not be unreasonably w~thheld, condmoned or delayed Grantee hereby
covenants and agrees that lf~t transfers or assigns tins Conservation Easement,
(a) the orgamzation receiving the interest wdl be a qualified orgam?,ation, as
that t~m is defined m Seetion 170(h)(3) of the Internal Revenue Code of 1986
(or any successor section) and the regulations promulgated thereunder, that is
orgamTed and operated primarily for one or more of the conservataon
proposes specified in Section 170(h)(4)(A) of the Internal Revenue Code and
(b) such orgamzation shall have the financial capability of adm~mstenng its
duties under this Agreement Grantee further covenants and agrees that the
terms of the transfer or assl.~onment w~ll be such that the transferee or assignee
wdl be requtred to continue to carry out m perpetmty the conservation
purposes that the grant was originally intended to advance
9 TRANSFER OF PROPERTY. Any time fee title to the Property is
transferred by Grantor to any tinrd party, Grantor shall notify Grantee m
writing at least ttnrty (30) days prior to the transfer of the Property, however,
Grantor's fmlure to gtve such notice shall not m anyway mvahdate, affect or
tmpmr such transfer
10 AMENDMENT OF EASEMENT Grantor and Grantee may amend tins
Agreement provided such amendment shall not (a) be contrary to or conflict
w~th the purposes of tins Conservation Easement, (b) tmpa:r any sigmficant
Conservation Values associated w~th the Protected Property, (c) result m a
termination of tins Agreement or conservation Easement, or (d) affect in any
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way the qualification of the Conservation Easement or the status of Grantee
under any applicable laws, including without llrmtaUon, Section 170(h) of the
Internal Revenue Code Such amendment must be m writing, signed by
Grantor and Grantee and recorded m the Real Property Records, Traws
County, Texas
11 TERMINATION OF EASEMENT If It Is determined that conditions on
or surrounding the Property have changed so much that ~t is nnposslble to
fulfill the conservation purposes set forth above, a court w~th jurisdiction may,
at the joint request of both Grantor and Grantee, ternnnate tins Agreement
If condemnation of a part of the Property or of the entire Property by public
authority renders it nnpossible to fulfill any of these conservation purposes, the
Conservation Easement may be tv~mnated through condemnation proceedings
At the tune of the conveyance of the Conservation Easement to Grantee, tlus
Agreement gives nsc to a real property right, ~mraed~ately vested m Grantee If the
Conservation Easement is terminated and the Property is sold or taken for public use,
then, as reqmred by Section I 170A-14(g)(6) of the IRS regulations, Grantee shall be
ent~fled to a percentage of the gross sale proceeds or condenmation aware (minus any
amount attributable to new unprovements made after the date of tins conveyance,
winch amount shall be reserved to Grantor) equal to the ratio of the apprmsed value
of this Agreement to the unrestricted fair market value of the Property, as these values
are det~.~med on the date of tins Agreement Grantee shall use the proceeds
consistently vath the conservation purposes of tins Agreement
12 INTERPRETATION. This Agreement shall be interpreted under the laws of
Texas. resolving any amblgmtles and questions of the vabd~ty of specific prowsions
so as to give maximum effect to its conservation purposes
13 INDEMNIFICATION. Grantor agrees to hold harmless, defend and
mdemmfy the Grantee from any and all habdmes including, but not hrmted to,
injury, losses, damages, judgments, costs, expenses and fees that the Grantee
may suffer or recur as a result of or ansm§ out of the actlwUas of the Grantor
on the Property that causes injury to a person(s) or damage to property
14 TITLE. Grantor covenants and represents and warrants to Grantee the
following Grantor is the sole owner of the Property m fee simple and has the
right to grant and convey the Conservation Easement
15 NOTICES. Any notice, commqnlcation, request, reply or advice (severally
and collectively referred to as "Notice") m tlus Agreement prowded or
p~i~at~ed to be given, made or accepted by either party to the other must be m
writing Notice may, unless otherwise provided berem, be g~ven or served (a)
by depositing the same m the Umted States mini, postage prod, certified mall,
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and addressed to the party to be not~fied at the last address for winch that the
sender has at the tame of mailing, wath return receipt requested, (b) by
dehvermg the same to such party, or an agent of such party, or (c) when
appropriate, by sending a facsumle to the party to be notafied at the fax
number shown below, v~th electromc confirmation Notace deposited m the
mail m the manner hereto above described shall be effective from and al~er
such deposit Not~ce g~ven ua any other manner shall be effective only if and
when received by the party to be noUfied Fo~' the purposes of not~ce, the
addresses of the pames shall, until changed as provided below, be as follows
Grantor Teaaley Partners, Ltd
Jun Henderson, Managing Parmer
3608 Wandering Trail STE 268
Plano, Texas 75075
Telephone 972/964-5546
Fax 972/964-5347
Grantee City of Denton
215 E McK~nney Denton, Texas 76201
Telephone 940/349-8333
Fax 940/382-7923
With copy to M~chaei A Conduff, City Manager
City of Denton
215 E McKnmey
Denton, TX 76201
Telephone 940/349-8307
Fax 940/349-8596
16 ENVIRONMENTAL CONDITION. Grantor warrants that they have no actual
knowledge of a release or threatened release of hazardous substances or wastes on the
Property
17 SEVERABILITY. If any prowsion of tins Agreement is found to be mvahd, the
remaining provisions shall not be altered thereby
18 PARTIES. Every provision of tins Agreement is found to be invalid, the
remaining provisions shall not be altered thereby
19 RE-RECORDING. In order to ensure the perpetual enforceability of the
Agreement that applies to Grantor or Grantee shall also apply to thew respective heirs,
executors, aclmm~strators, assigns, and all other successors as their interest may appear
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20 MERGER. The pames agree that the terms of tins Agreement shall sur~ve any
merger of the fee and easement interest m the Property
21 SUBSEQUENT LIENS ON PROPERTY. No provisions of tins Agreement
should be construed as nnpatrmg the abdlty of Grantor to use tlus Property as collateral
for subsequent borrowing, prowded that any mortgage or hen arising fi.om such a
borrowing would be subordinate to th~s Agreement
22 TERMINOLOGY. The use of the term "Agreement" and "Conservation
Easemenf shall be interpreted broadly to mean the other where appropriate
23 CONSENTS. Notwithstanding anything hereto to the contrary, whenever m tins
Agreement a prowslon is subJeCt to the consent or approval of Grantee, Grantee hereby
agrees not to unreasonably vathhold, con&tlon or delay such consent or approval
TO HAVE AND TO HOLD th~s Agreement unto Grantee m perpetmty, together
Wlth all and singular the appurtenances and privileges belonging or any way
pertaining thereto, either at law or m eqmty, either m possession or expectancy, for
the proper use and benefit of Grantee, ~ts successors end ass~gus, forever, and Grantor
does hereby brad Grantor to WARRANT and DEFEND the interest m the Property
granted and conveyed to Grantee under flus Agreement, unto Grantee and ~ts
successors and assigns, against every person whomsoever lawfully clamnng or to
clmm the same or any part thereof Tins conveyance m made subject to those matters
identified on F. xhibit "C' attached hereto
IN WITNESS WHEREOF, Grantor and Grantee, intending to legally brad
themselves, have set their hands and seals on the date first written above
GRANTOR
~/Teasley Partners, Ltd
GRANTEE
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THE STATE OF TEXAS §
COUNTYOF VOU §
Tins instrument was acknowledged before me on the 11l'~r day of
~l.~ ,2001, by Jun Henderson, Managing Partner, Teasley Partners, Ltd
Notary Public,.,State of Tex~ ~
Print Name ~J0~.[ ~ ~'~/0/~ .
My cormmsslon expn'es [Z- ~ ' ~-~)q
THE STATE OF TEXAS §
COUNTY OF DENTON §
Tins instrument was acknowledged before me on the ,.~[~--~" day of
2001, by IVhchael A Conduff, City Manager, on behalf of smd City of
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EXHIBIT A"
Surveyors & Engineers
of North Texas
GREG EDWARDS P E WILLIAM COLEMAN R P L S
1621 Amanda Court Ponder Texas 76259
Ph (940) 4822906 FAX (940) 4822911 Toll free (877) 481 SENT
WWW sentcorp corn
E S A EASEMENT
FIELD NOTES to all that certam tract of land s~tuatcd m the A Hill Survey Abstract Number 623 City of Demon,
Denton County, Texas and being part of the Lot 1 and Lot 2, Block 1 of the Sunmut Addition as shown by the plat
thereof recorded m Cabmet F, Page 308 of the Plat Records of Denton County and also being part of a called 27 120 acre
described m the deed from Lorena Land Company to Teasley Partners, Ltd recorded m Volume 4430, Page 1273 of
Real Property Records of Denton County, Texas, the subject tract being more particularly described as follows
BEGINNING for the Northwest comer of the tract being described herem at a fence comer post at the Northwest comer
the smd Lot 1,
THENCE No~d~ 89 Degrees 42 Minutes 56 Seconds East w~th the North line of Lot I a distance of 680 00 feet to the
Northerly Northeast comer of the harem described tract,
THENCE Southerly across Lot 1 and said Lot 2, Block 1 the following eleven calls
I South 55 Degrees 29 Minutes 50 Seconds East a distance of 162 70 feet,
2 South 73 Degrees 15 Minutes 16 Seconds East a d~stance of 112 42 feet,
3 South 01 Degrees 02 Mmutes 11 Seconds West a distance of 167 53 feet,
4 South 44 Degrees 58 Minutes 19 Seconds West a distance of 15 66 feet
5 South 63 Degrees 26 Mmutes 40 Seconds West a distance of 13 31 feet,
6 South 78 Degrees 24 Minutes 45 Seconds West a distance of 29 32 feet,
7 South 64 Degrees 51 Mmutes 52 Seconds West a distance of 159 47 feet,
8 South 16 Degrees 10 M~nutes 12 Seconds West a distance of 69 68 feet,
9 South 45 Degrees 00 Minutes 43 Seconds West a distance of 48 95 feet,
10 South 31 Degrees 24 Minutes 36 Seconds West a d:stance of 66 43 feet,
11 Along the arc of a curve to the left havmg a radms of 63 10 feet, an arc length of 73 85 feet (chord bearing
South 01 Degrees 08 Minutes 20 Seconds West a distance of 69 71 feet) to the North line of the smd 27 120
acre tract and the South line of Lot 2, Block 1 from wluch the Southeast comer thereof bears North 89 Degrees
56 Mmutes 20 Seconds East a distance of 386 7 feet,
THENCE South 53 Degrees 17 Mmutes 13 Seconds West across the 27 120 acre tract a distance of 33 19 feet,
THENCE North 83 Degrees 53 Minutes 07 Seconds West across the 27 120 acre tract a distance of 124 72 feet,
THENCE North 64 Degrees 24 Minutes 22 Seconds West across the 27 120 acre tract a distance of 14 78 feet to the
North line thereof and the South line of Lot 2, Block 1,
THENCE Northerly across Lot 1 and Lot 2, Block 1 the following twelve calls,
1 North 64 Degrees 24 Minutes 22 Seconds West a distance of 44 14 feet,
2 South 88 Degrees 59 Minutes 43 Seconds West a thstance of 52 40 feet,
3 North 01 Degrees 00 Minutes 17 Seconds West a d~stance of 15 45 feet,
4 Along the arc of a curve to the left havmg a radius of 215 46 feet, an am length of 151 56 feet (chord bearing
North 36 Degrees 14 Minutes 24 Seconds East a d~stance of 148 46 feet),
5 North 13 Degrees 21 Minutes 53 Seconds East a distance of 169 94 feet,
6 North 14 Degrees 59 Minutes 03 Seconds East a distance of 107 04 feet,
EXHIBIT ~A" (CONT)
7 South 86 Degrees 10 Minutes 58 Seconds West a distance of 82 26 feet,
8 North 62 Degrees 41 Minutes 30 Seconds West a d~stance of 53 82 feet,
9 South 86 Degrees 46 Minutes 13 Seconds West a distance of 32 39 feet,
10 North 87 Degrees 42 Minutes 31 Seconds West a d~stance of 50 89 feet,
11 North 00 Degrees 04 Minutes 36 Seconds West a d~stance of 15 15 feet,
12 South 89 Degrees 55 Minutes 25 Seconds West a d~stance of 329 66 feet to the West line of Lot 1, Block 1 on
the East line of Johnson Street,
THENCE No~th 00 Degrees 04 Minutes 35 Seconds West wtth the West line of Lotl, Block I and the East line of
Johnson Street a d~stance of 102 70 feet to the PLACE OF BEGINNING and enclosing 5 254 acres of land
EXHIBIT "C"
1 EASEMENT EXECUTED BY J A MCLEOD AND WiFE, FLORENCE
MCLEOD TO THE CITY OF DENTON, DATED $/6/$$, RECORDED 1N
VOLUME 419, PAGE 25, DEED RECORDS, DENTON COUNTY, TEXAS,
AND AS SHOWN ON SURVEY DATED 10/1/98 BY GARY W HAMMETT,
RPLS
2 EASEMENT EXECUTED BY MRS S A BAYLESS, ETAL TO TEXAS
POWER & LIGHT DOMPANY, DATED 7/25/24, RECORDED 1N VOUME
193, PAGE 326, DEED RECORDS, DENTON COUNTY, TEXAS, AND AS
SHOWN ON SURVEY DATED 10/1/98 BY GARY W HAMMETT, R P L S
3 EASEMENT EXECUTED BY MRS SA BAYLESS ETAL TO TEXAS
POWER & LIGHT COMPANY, DATED 7/30/27, RECORDED IN VOLUME
216 , PAGE 231, DEED RECORDS, DENTON COUNTY, TEXAS
ASSIGNED TO THE CITY OF DENTON, TEXAS BY ASSIGNMENT DATED
5/21/75, RECORDED IN VOLUME 756, PAGE 669, DEED RECORDS,
DENTON COUNTY TEXAS, AND AS SHOWN ON SURVEY DATED 10/1/98
BY GARY W HAMMETT, R P L S
4 EASEMENT EXECUTED BY J A MOUNTS AND WIFE MRS J A MOUNTS
TO LONE STAR GAS COMPANY, DATED 2/26/25 RECORDED IN
VOLUME 199, PAGE 619, DEED RECORDS, DENTON COUNTY, TEXAS,
AND AS SHOWN ON SURVEY DATED 10-I-98 BY GARY W HAMMETT,
RPLS
5 CROSS FENCE, ELECTRIC LINES, WATER LINES, POWER POLES AND
SEWER LINES IN PLACE, FENCE PROTRUSION ON THE NORTHERN
BOUNDARY LINE, FENCE ENCROACHMENT ON THE NORTHERLY
SOUTH BOUNDARY LINE AS SHOWN ON SURVEY DATED 10-1-98 BY
GARY W HAMMETT R P L S
6 GAS METER, SIGN, CROSS FENCE, ELECTRIC LINE, POWER POLE AND
GAS LiNE IN PLACE, AS SHOWN ON SURVEY DATED 10-1-98 BY GARY
W HAMMETT, R P L S
7 EASEMENT EXECUTED BY BOONE DAUGHTERY TO TEXAS POWER
AND LIGHT COMPANY, DATED JULY 29, 1927, RECORDED IN VOLUME
216 PAGE 230 DEED RECORDS, DENTON COUNTY, TEXAS