HomeMy WebLinkAboutResolution No. 2014-019CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2014-
A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A CORRECTION SPECIAL
WARRANTY DEED CORRECTING AND REPLACING THE 2.8
PERCENT UNDIVIDED INTEREST ACQUIRED BY THE COLONY
ECONOMIC DEVELOPMENT CORPORATION FROM 121
ACQUISITION COMPANY, LLC, A TEXAS LIMITED LIABILITY
COMPANY, IN AN APPROXIMATELY 346.7 ACRE TRACT OF LAND
WITH THE CONVEYANCE OF APPROXIMATELY 9.7075 ACRES OUT
OF SUCH 346.7 ACRE TRACT OF LAND; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to correct the Correction Special Warranty Deed
executed on February 7, 2013 conveying to The Colony Economic Development Corporation a
2.8 percent interest in a 346.7 acre tract of land by correcting and replacing such undivided
interest with a conveyance of approximately 9.7075 acres out of such 346.7 acre tract of land to
The Colony Economic Development Corporation; and
WHEREAS, the City Councils finds and determines that the approval of the Correction
Special Warranty Deed attached hereto as Exhibit A is in the best interest of the City of the
Colony, Texas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2. The City Council hereby approves the Correction Special Warranty Deed,
a copy of which is attached hereto as Exhibit A.
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto to any persons or circumstances, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Resolution; and the City Council hereby declares it would have
passed such remaining portions of this Resolution despite such invalidity, which remaining portions
shall remain in full force and effect.
SECTION 4. This Resolution shall become effective immediately upon passage.
1775.010\38357.1
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, THIS THE 1sT DAY OF APRIL, 2014.
Page 2 1775.010\38357.1
/;1
Page 3 1775.010\38357.1
CORRECTION SPECIAL WARRANTY DEED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE OUT ANY AND ALL OF THE FOLLOWING INFORMATION FROM
THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT this Correction Special Warranty Deed is being executed, delivered and recorded
in replacement and in lieu of, and in substitution for, that certain Correction Special Warranty
Deed (the "Prior Incorrect Deed") executed the 7t1i day of February, 2013, but effective as of
September 26, 2012, by 121 Acquisition Company, LLC to The Colony Local Development
Corporation (the "LGC"), The Colony Economic Development Corporation (the "Type A
Corporation"), and The Colony Community Development Corporation (the "Type B
Corporation"), and recorded as Document Number 2013-20492 on February 20, 2013 with the
Clerk of Denton County, Texas, for the purpose of correcting the Prior Incorrect Deed by (a)
replacing the 2.8 percent undivided interest in the approximately 346.7 -acre Property (hereinafter
defined) conveyed to the Type A Corporation in the Prior Incorrect Deed with the conveyance of
all of the interest in an approximately 9.7075 -acre portion of the Property to the Type A
Corporation; and (b) adding a definition for the term "Facility." Such corrections are the result
of inadvertent and mutual mistakes made in the Prior Incorrect Deed.
WHEREAS, separate correction special warranty deeds correct the undivided interests in
the Property conveyed to the LGC and the Type B Corporation respectively under the Prior
Incorrect Deed and replace such undivided interests with a conveyance of approximately
327.285 acres of the Property to the LGC (the "LGC Property") and approximately 9.7075 acres
of the Property to the Type B Corporation (the "Type B Property");
WHEREAS, the Type B Property consists of two tracts of land within the Property, an
8.7021 -acre tract of land and a 1.0054 -acre tract of land;
WHEREAS, the 9.7075 -acre Type A Property (hereinafter defined), the 9.7075 -acre
Type B Property, and the 327.285 -acre LGC Property constitute, in the aggregate, the 346.7 -acre
Property;
WHEREAS, reference is made to that certain Development and Tax Increment Payment
Agreement effective November 15, 2011, that certain Type A Corporation Performance
Agreement effective November 15, 2011, and that certain Type B Corporation Performance
Agreement effective November 15, 2011 (collectively, the "The Colony Agreements") to which,
respectively, the LGC, the Type A Corporation, and the Type B Corporation are parties;
Correction Special Warranty Deed — Page 1
1775.010\38244.2
WHEREAS, the Type A Corporation is referred to herein as the "Grantee," and Grantee's
mailing address is 6800 Main Street, The Colony, Texas 75056;
WHEREAS, 121 Acquisition Company, LLC, a Texas limited liability company
("Grantor"), whose mailing address is 700 S. 72 Street, Omaha, NE 68114, Attention: Ryan
Blumkin, owns the approximately 433 acres described in The Colony Agreements and on
Exhibit A attached hereto (the "Aggregate Property"); and
WHEREAS, the property (including all fixtures and improvements thereon and all rights
appurtenant thereto) that is the subject of the Prior Incorrect Deed consists of approximately
346.70 acres out of the Aggregate Property, which 346.70 acres are described on Exhibit B
attached hereto (the "PropertX"). The Property is described on Exhibit B as Tract 1 plus Tract 2
SAVE AND EXCEPT 82.09 acres.
NOW THEREFORE, Grantor, subject to the reservations, exceptions and limitations
contained herein, and for and in consideration of the sum of Ten and No/100 Dollars ($10.00)
and further valuable consideration in the form of the execution and delivery by the LGC, Type A
Corporation, and Type B Corporation of that certain amended and restated promissory note in
the original principal amount of $50,290,197.45 (the "Note") the principal balance of which is
secured by the vendor's lien herein described, and is additionally secured by that certain deed of
trust, each by and between Grantor and Grantee, the LGC, and the Type B Corporation and of
even date herewith, the receipt and sufficiency of which consideration are hereby acknowledged,
has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and
CONVEY to Grantee 9.7075 acres, as described on Exhibit B-1 (the "Type A Property").
Grantor reserves exclusive easements on, over, across, upon, through and under the Type
A Property for all lawful purposes related to the construction, use, occupancy, maintenance, and
repair of the Facility, as defined The Colony Agreements (the "Facility"), including, but not
limited to, easements for: site work including, but not limited to, grading, erosion control,
wetlands mitigation, and flood plain reclamation; water facilities; sanitary sewer facilities; gas
and electric facilities; fiber optics and similar facilities; drainage facilities, including storm water
detention and retention facilities; street and roadway facilities; structured and surface parking;
areas for loading, unloading, and storage; areas for vehicular ingress, egress, maneuvering and
circulation; traffic signalization; mass transit facilities; pedestrian oriented areas and
improvements including, but not limited to, sidewalks, walkways, parks, and trails; areas for
civic and promotional events; landscaping; irrigation; lighting; signage; and other public and
franchise utilities and utility relocations for the benefit of the approximately 82.09 acres
described on Exhibit C attached hereto and incorporated herein by reference (the "Benefitted
Estate"). It is the express intent of both Grantor and Grantee that the foregoing easements
reserved by Grantor for the benefit of the Benefitted Estate shall be perpetual and shall not be
subject to the merger doctrine in the event that some or all of the owners of the Type A Property
shall also be or become some or all of the owners of the Benefitted Estate. Common ownership
of the Type A Property and Benefitted Estate (or any portion of either) now or at any time in the
future by any person or entity will not be deemed a merger, so as to abrogate, vitiate, impair,
waive, release, extinguish or otherwise invalidate the foregoing easements reserved by Grantor in
Correction Special Warranty Deed — Page 2
1775.010\38244.2
whole or in part. The foregoing notwithstanding, Grantee will take possession of the Type A
Property on September 27, 2012, subject to the Permitted Exceptions (hereinafter defined) for
the Property to the extent such Permitted Exceptions apply to all or any portion of the Type A
Property.
Grantor excepts and reserves unto itself and its successors and assigns: (i) all interest in
the water and all oil, gas and other minerals (and all executory and leasing rights relating thereto)
that are in and under the Type A Property and that may be produced from the Type A Property
that are not currently outstanding in other unrelated parties as of the date hereof; (ii) a reservation
of the right of ingress and egress at all times for mining, drilling, exploring, operating, and
developing the Type A Property for oil, gas, and other minerals and for removing them from the
Type A Property and for the storing and transportation thereof, and (iii) all right, title and interest
in, to and under the royalties and other benefits that are associated with any existing leases for oil
and gas or oil, gas, and other minerals affecting the Type A Property that are not currently
outstanding in other parties as of the date hereof (the "Mineral Reservation"). Grantor waives
the right of ingress and egress to the surface of the Type A Property relating to the portion of the
Mineral Estate owned by Grantor solely to the extent and for so long as the Type A Property or
applicable portion thereof is used solely for the construction, maintenance, repair, and
replacement of public improvements (including streets and roads, water facilities, sanitary sewer
facilities, drainage facilities, and franchise utilities) and not for any private improvements.
Nothing herein, however, restricts or prohibits the pooling or unitization of the portion of the
Mineral Estate owned by Grantor with land other than the Type A Property; or the exploration or
production of the oil, gas, and other minerals by means of wells that are drilled or mines that
open on land other than the Type A Property but enter or bottom under the Type A Property,
provided that these operations in no manner interfere with the surface or subsurface support of
any improvements constructed or to be constructed on the Type A Property.
Use of the Type A Property by Grantee: (i) is subject to the performance by Grantee of
the covenants and conditions of The Colony Agreements applicable to the Type A Property; (ii)
is limited to the purposes contemplated by The Colony Agreements including, but not limited to,
construction of the Facility and the transfer of the completed Facility to private ownership in
accordance with The Colony Agreements; (iii) is subject to all restrictions and conditions found
in The Colony Agreements that are applicable to the Type A Property; (iv) for any storm water
management purposes including, but not limited to, storm water detention and/or retention, is
limited solely to storm water runoff resulting from development of the Aggregate Property; and
(v) is otherwise subject to all valid and enforceable restrictions, covenants, conditions,
easements, and licenses that affect or relate to the Type A Property. The covenants, conditions,
limitations, and restrictions set forth in this paragraph are hereby declared and imposed as
covenants running with the land constituting the Type A Property.
Grantor binds itself and its successors and assigns to warrant and forever defend, all and
singular, the above described interests in the Type A Property being conveyed to Grantee,
subject to the limitations, exceptions, reservations and other matters contained herein and the
exceptions to title set forth in Exhibit D attached hereto and fully incorporated herein by
reference for all purposes that apply to the Type A Property (the "Permitted Exceptions"), to
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
Correction Special Warranty Deed — Page 3
1775.010\38244.2
claiming or to claim the same, or any part thereof, when the claim is by, through or under
Grantor, but not otherwise, subject to the Permitted Exceptions.
It is expressly agreed that the vendor's lien, as well at superior title in and to the Type A
Property and all improvements attached thereto, is hereby reserved and retained by Grantor
against the Type A Property, until the entire unpaid principal amount of the Note and all interest
thereon is paid in full according to the face, effect and tenure thereof. The vendor's lien, together
with the superior title to said Type A Property, is hereby retained for the benefit of Grantor and
its successors or assigns.
Grantee agrees that in the event of any breach, violation, or failure to comply with the
terms, conditions and restrictions hereof (including, but not limited to, the covenants, conditions,
limitations, and restrictions of The Colony Agreements applicable to the Type A Property as
described above), in addition to other remedies that may be available to Grantor at law or in
equity, Grantor shall be entitled to immediate injunctive relief and mandamus, to specific
performance, and, to the maximum extent permitted by law, to actual damages (but excluding
special or consequential damages) and recovery of reasonable attorneys fees. Grantee agrees and
stipulate that the damages that will be suffered by Grantor as a result of any breach of the terms,
conditions and restrictions hereof are difficult to calculate at this time. Grantee further agrees
and stipulates that a breach of the terms, conditions and restrictions hereof will result in
immediate and irreparable harm. Accordingly, Grantee agrees and stipulates that in the event of
a threatened breach of the terms, conditions and restrictions hereof, Grantor will be entitled, as a
matter of law, to have a temporary restraining order, preliminary injunction, and a permanent
injunction issued and entered immediately by any court with jurisdiction over such claims.
GRANTEE ACKNOWLEDGES THAT the Type A Property IS BEING SOLD "AS
IS" and "WITH ALL FAULTS" and Grantee takes possession of the Type A Property
"AS IS" and "WITH ALL FAULTS." Notwithstanding anything to the contrary contained or
implied elsewhere herein, Grantee acknowledges that except for any express warranties and
representations contained in this Special Warranty Deed or any instrument, document, or
agreement delivered on even date herewith, Grantee is not relying on any written, oral, implied
or other representations, statements, or warranties by Grantor or any agent of Grantor. Grantor
shall have no liability to Grantee, and Grantee, by acceptance of this Special Warranty Deed,
releases Grantor from any liability concerning, or regarding: the nature and condition of the Type
A Property, including, but not limited to: the suitability of the Type A Property for any activity
or use; any improvements or substances located on the Type A Property; or the compliance of
the Type A Property with any laws, rules, ordinances, or regulations of any government or other
body. GRANTEE ACKNOWLEDGES THAT GRANTOR HAS MADE NO, AND
EXPRESSLY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, COVENANTS
AND AGREEMENTS, EXPRESS OR IMPLIED OR BY OPERATION OF LAW, WITH
RESPECT TO ANY MATTER AFFECTING THE TYPE A PROPERTY, INCLUDING
BUT NOT LIMITED TO: THE CONDITION, SUITABILITY, HABITABILITY,
MERCHANTABILITY OR FITNESS OF THE TYPE A PROPERTY FOR
PURCHASER'S PLANNED USE OF THE TYPE A PROPERTY; THE AVAILABILITY
OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES (PUBLIC OR PRIVATE);
OR THE EXISTENCE OF ANY HAZARDOUS SUBSTANCE IN, ON, OR, ABOUT THE
TYPE A PROPERTY. GRANTEE ACKNOWLEDGES THAT THE TYPE A
Correction Special Warranty Deed — Page 4
1775.010\38244.2
PROPERTY IS BEING SOLD "AS IS" AND "WITH ALL FAULTS" UNLESS
SPECIFICALLY STATED TO THE CONTRARY IN THIS SPECIAL WARRANTY
DEED. BY GRANTEE'S ACCEPTANCE OF THIS SPECIAL WARRANTY DEED,
GRANTOR SHALL BE DEEMED TO BE AUTOMATICALLY RELEASED BY
GRANTEE AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS OF AND FROM
ALL LIABILITIES, OBLIGATIONS, AND CLAIMS, KNOWN OR UNKNOWN, THAT
GRANTEE MAY HAVE AGAINST GRANTOR OR THAT MAY ARISE IN THE
FUTURE BASED IN WHOLE OR IN PART UPON THE PRESENCE OF TOXIC OR
HAZARDOUS SUBSTANCES OR OTHER ENVIRONMENTAL CONTAMINATION
ON OR WITHIN THE TYPE A PROPERTY. BY GRANTEE'S ACCEPTANCE OF THE
SPECIAL WARRANTY DEED, GRANTEE SHALL HAVE, AND SHALL BE DEEMED
TO HAVE ASSUMED, ALL RISK AND LIABILITY WITH RESPECT TO THE
PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES OR OTHER
ENVIRONMENTAL CONTAMINATION ON OR WITHIN THE TYPE A PROPERTY
(WHETHER EXISTING PRIOR TO, AT, OR SUBSEQUENT TO THE EFFECTIVE
DATE HEREOF).
EXECUTED this day of , 2014, but effective as of September 26,
2012.
GRANTOR:
121 Acquisition Company, LLC,
a Texas limited liability company
Jeff Lind, President
THE STATE OF §
COUNTY OF §
This instrument was acknowledged before me on this day of ,
2014, by Jeff Lind, President of 121 Acquisitions Company, LLC, a Texas limited liability
company, and acknowledged to me that he executed the same for the purposes and consideration
therein expressed on behalf of said company.
Notary Public in and for the State of Texas
Correction Special Warranty Deed — Page 5
1775.010\38244.2
AGREED TO AND ACCEPTED BY:
GRANTEE:
The Colony Economic Development Corporation,
a Texas non-profit corporation
By: .........�
Tom Tvardzik, President
THE STATE OF TEXAS
COUNTY OF DENTON
�, n
This instrument was acknowledged before me on this Ly of �" �-j_tA--
2014, by Tom Tvardzik, President of The Colony Economic Development Corporation, a Texas
non-profit corporation, and acknowledged to e that he/she executed the same for the purposes
and consideration therein expressed on al f o said non-profit corporation.
Notary Public in and for the State of Texas
C"RISiPE NEU V4�
loy comber 22, mmission Exp rs
2017
Correction Special Warranty Deed — Page 6
1775.010\38244.2
AGREED TO AND ACCEPTED BY THE LGC AS A GRANTEE UNDER THE PRIOR
INCORRECT DEED:
The Colony Local Development Corporation,
a Texas non-profit corporation
By.�-
J e McCou y President
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this day of,+ ,
2014, by Joe McCourry, President of The Colony Local Development Corporati6n, a Texas non-
profit corporation, and acknowledged to me that he/she executed the same for the purposes and
consideration therein expressed on be if said non-proCfitt corporation.
Notary Public in and for the State of Texas
CHRIE 7MyCr'1E
Novemb
'q/FOF,V
Correction Special Warranty Deed — Page 7
1775.010\38244.2
AGREED TO AND ACCEPTED BY THE TYPE B CORPORATION AS A GRANTEE
UNDER THE PRIOR INCORRECT DEED:
The Colony Community Development Corporation,
a Texas non-profit corporation
By:
.fix 6 .
Name: � r7
Title:
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this day of{C�c.2,T
2014, by -e. �£ e c of The
Colony Community Development Corporation, a Texas non-profit corporation, and
acknowledged to me that he/she executed the same for the purposes and consideration therein
expressed on behalf of said non-profit corporation.
Notary Public in and for the State of Texas
o.�pRY PUe(
i CHRISTIE NEU MLSON
My Commission ExpIrge
OF November 22, 2017
Correction Special Warranty Deed — Page 8
1775.010\38244.2
AFTER RECORDING RETURN TO:
Shupe Ventura Lindelow & Olson, PLLC
Attn: Misty Ventura
9406 Biscayne Blvd.
Dallas, TX 75218
Exhibits:
Exhibit A — Aggregate Property
Exhibit B — Property
Exhibit B-1 — Type A Property
Exhibit C — Benefitted Property
Exhibit D — Permitted Exceptions
Correction Special Warranty Deed — Page 9
1775.010\38244.2
Exhibit A to Special Warranty Deed
Aggregate Property (totaling 433.81 acres)
Trnrt 1
BEING a 5.02 acre tract of land situated in the B.B.B. & C.R. Survey, Abstract No. 173, City of
The Colony, Denton County, Texas, and being part of a tract of land described as Tract II as
conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page
281, Official Public Records, Denton County, Texas. Said 5.02 acre tract of land being more
particularly described by metes and bounds as follows:
BEGINNING at a found 5/8 inch iron rod with KHA cap for corner, being the intersection of the
south right-of-way line of State Highway 121 (a variable width R.O.W.) and the southwest right-
of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non -tangent
curve to the left having a radius of 1050.00 feet, a central angle of 50'34'13" and a long chord
which bears South 64°23'31" East, 896.96 feet;
THENCE southeasterly, along said southwest right-of-way line of Plano Parkway and said non -
tangent curve to the left, an arc distance of 926.75 feet to a point for corner, being in the north
line of a tract of land conveyed by deed to CB/Tittle, Ltd., as recorded in Instrument No. 99-
R0007181, Official Public Records, Denton County, Texas;
THENCE South 89°58'40" West, leaving said southwest right-of-way line and following along
said north line of CB/Tittle tract, at a distance of 1009.25 feet passing the northeast corner of a
tract of land described as Tract F3, as conveyed by deed to Castle Hills Property Company, as
recorded in Instrument No. 2006-153339, Official Public Records, Denton County, Texas, and
continuing with the north line of said Castle Hills Property Company tract, for a total distance of
1210.45 feet to a point for corner;
THENCE North 00'25'18" West, with the northernmost east line of said Castle Hills Property
Company tract, at a distance of 97.47 feet passing the northernmost corner, and continuing with
said south right-of-way line of State Highway 121, for a total distance of 226.47 feet to a point
for corner;
THENCE continuing with said south right-of-way line of State Highway 121 as follows:
North 63°32'06" East, for a distance of 130.52 feet to a point for corner;
North 60°2233" East, for a distance of 80.86 feet to a point for corner;
South 29° 13'03" East, for a distance of 50.00 feet to a point for corner;
North 60°47'38" East, for a distance of 219.64 feet to the POINT OF BEGINNING and
CONTAINING 218,740 square feet or 5.02 acres of land, more or less.
Exhibit A to Special Warranty Deed — Page 1
1775.010\38244.2
Tract 2
BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1344,
the B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 174 and
the M.D.T. Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas,
being part of a tract of land described as Tract I as conveyed by deed to Maharishi Global
Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton
County, Texas, being part of a called 122.8106 acre tract of land conveyed by Correction Deeds
to Crow -Billingsley UMF Plano, Ltd., as recorded in Instrument No. 2004-44212, 2004-44213,
2004-44214 and 2004-44218, Official Public Records, Denton County, Texas, and being a part
of McKamy Road (an unrecorded right-of-way) SAVE AND EXCEPT those certain tracts of
land conveyed in deeds recorded in Volume 5366, Page 977, Instrument No. 2006-49955, 2006-
49957 and 2006-75193, Official Public Records, Denton County, Texas. Said remaining 377.68
acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre
tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State
Highway 121) (a variable width R.O.W.) and the west right-of-way line of Burlington Northern
Railroad (a 100 foot R. 0. W. at this point);
THENCE continuing with said west right-of-way line of Burlington Northern Railroad as
follows:
THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being
the beginning of a tangent curve to the right having a radius of 3703.75 feet, a central
angle of 13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet;
THENCE southeasterly, along said curve to the right, an arc distance of 845.26 feet to a
point for corner;
THENCE South 06°04'35" West, for a distance of 2524.64 feet to a point for corner;
THENCE North 83°17'00" West, for a distance of 190.16 feet to a point for corner;
THENCE South 00°51'51" East, for a distance of 970.10 feet to a point for corner;
THENCE South 89°03'50" West, for a distance of 31.58 feet to a point for corner;
THENCE South 01°14'37" East, for a distance of 448.38 feet to a point for corner, being
the northeast corner of a tract of land conveyed by deed to Frankford Road Investors No.
1, as recorded in Instrument No. 2006-49957, Official Public Records, Denton County,
Texas;
THENCE North 87°06'22" West, leaving said west right-of-way line and following along the
north line of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for
Exhibit A to Special Warranty Deed — Page 2
1775.010\38244.2
corner, being in the northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being
the beginning of a non -tangent curve to the left having a radius of 113 0. 00 feet, a central angle of
103°16'58" and a long chord which bears North 38°43'34" West, 1772.16 feet;
THENCE continuing with said northerly right-of-way line of Plano Road as follows:
THENCE northwesterly, along said non -tangent curve to the left, an are distance of
2036.97 feet to a point for corner;
THENCE South 89°38'05" West, for a distance of 647.23 feet to a point for corner, being
the beginning of a non -tangent curve to the right having a radius of 950.00 feet, a central
angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet;
THENCE northwesterly, along said non -tangent curve to the right, an arc distance of
664.77 feet to a point for corner, being the beginning of a reverse curve to the left having
a radius of 1050.00 feet, a central angle of 40°14'10" and a long chord which bears North
70°21'30" West, 722.31 feet;
THENCE northwesterly, along said reverse curve to the left, an arc distance of 737.37
feet to a point for corner;
THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for corner, being
the beginning of a tangent curve to the right having a radius of 950.00 feet, a central
angle of 52°49'04" and a long chord which bears North 64°04'03" West, 845.07 feet;
THENCE northwesterly, along said curve to the right, an arc distance of 875.75 feet to a point
for corner, being the most southerly point of a corner -clip with said south right-of-way line of
Sam Rayburn Tollway (State Highway 121);
THENCE North 08°46'31" East, along said corner -clip, for a distance of 26.03 feet to a
point for corner, being in said south right-of-way line of Sam Rayburn Tollway (State
Highway 121);
THENCE continuing with said south right-of-way line of Sam Rayburn Tollway (State
Highway 121) as follows:
THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for corner;
THENCE North 58°17'36" East, for a distance of 252.11 feet to a point for corner;
THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for corner;
THENCE North 58°17'42" East, for a distance of 248.62 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 263.85 feet to a point for corner;
Exhibit A to Special Warranty Deed — Page 3
1775.010\38244.2
THENCE North 76°30'51" East, for a distance of 92.27 feet to a point for corner;
THENCE North 65056'12" East, for a distance of 100.40 feet to a point for corner;
THENCE North 64'13'39" East, for a distance of 100.18 feet to a point for corner;
THENCE North 60°16'36" East, for a distance of 39.88 feet to a point for corner;
THENCE South 74°12'01" East, for a distance of 70.70 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 64.12 feet to a point for corner;
THENCE North 15°47'17" East, for a distance of 73.27 feet to a point for corner;
THENCE North 59°04'32" East, for a distance of 94.25 feet to a point for corner;
THENCE North 55039'04" East, for a distance of 100.40 feet to a point for corner;
THENCE North 47°37'54" East, for a distance of 114.18 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 3800.00 feet to a point for corner;
THENCE North 65°20'10" East, for a distance of 189.41 feet to a point for corner;
THENCE North 61'56'23" East, for a distance of 100.02 feet to a point for corner;
THENCE North 63°39'23" East, for a distance of 100.12 feet to a point for corner;
THENCE North 64°47'53" East, for a distance of 100.24 feet to a point for corner;
THENCE North 66°30'16" East, for a distance of 201.00 feet to a point for corner;
THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner;
THENCE North 66'30'16" East, for a distance of 100.50 feet to a point for corner;
THENCE North 63°05'04" East, for a distance of 100.08 feet to a point for corner;
THENCE North 64'l 3'39" East, for a distance of 100.18 feet to a point for corner;
THENCE North 83°05'27" East, for a distance of 69.58 feet to a point for corner;
THENCE North 60°39'18" East, for a distance of 33.81 feet to the POINT OF
BEGINNING and CONTAINING 16,451,919 square feet or 377.68 acres of land, more
or less.
Exhibit A to Special Warranty Deed — Page 4
1775.010\38244.2
Tract 3
BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the
B.B.B. & C.R. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and being
all of a called 27.073 acre tract of land conveyed by deed to Sealy Spring Creek Partners, L.P., as
recorded in Instrument No. 2007-83136 and all of a called 23.990 acre tract of land conveyed by
deed to Whiteford Limited Partners, as recorded in Instrument No. 2004-132215 Official Public
Records, Denton County, Texas. Said 51.11 acre tract of land being more particularly described
by metes and bounds as follows:
BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy
Spring Creek Partners tract, being the intersection of the south right-of-way line of Sam Rayburn
Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of West
Spring Creek Parkway (a 160 foot R.O.W.);
THENCE South 29°24'43" East, along said west right-of-way line of West Spring Creek
Parkway, for a distance of 265.52 feet to a point for corner, being the beginning of a non -tangent
curve to the right having a radius of 970.00 feet, a central angle of 29'13'42" and a long chord
which bears South 14°53'13" East, 489.48 feet;
THENCE southeasterly, along said west right-of-way line and said non -tangent curve to the
right, an are distance of 494.83 feet to a point for corner;
THENCE South 00°22'42" East, continuing along said west right-of-way line, for a distance of
476.17 feet to a point for corner, being the northeast corner of said Whiteford Limited Partners
tract;
THENCE South 00°23'35" East, continuing along said west right-of-way line, for a distance of
864.92 feet to a point for corner, being the northeast corner of Lot 1, Block A, Kings Ridge
Addition, Phase Three, an addition to the City of Plano, as recorded in Cabinet X, Page 450, Plat
Records, Denton County, Texas;
THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the
south line of said Whiteford Limited Partners tract and the north line of said Block A, Kings
Ridge Addition, Phase Three, being a common line, for a distance of 1199.93 feet to a point for
corner, being the northwest corner of Lot 23 of said Block A, Kings Ridge Addition, Phase
Three, being in the east right-of-way line of Burlington Northern Railroad (a 100 foot R. 0. W. at
this point), and being the beginning of a non -tangent curve to the left having a radius of 3487.75
feet, a central angle of 8°31'36" and a long chord which bears North 01°45'21" West, 518.57
feet;
THENCE northwesterly, leaving said common line, and following along said east right-of-way
line of Burlington Northern Railroad and said non -tangent curve to the left, an arc distance of
519.05 feet to a point for corner;
Exhibit A to Special Warranter — Page 5
1775.010\38244.2
THENCE North 06°43'29" West, continuing along said east right-of-way line, for a distance of
345.89 feet to a point for corner, being the northwest corner of said Whiteford Limited Partners
tract;
THENCE North 07°03'01 " West, continuing along said east right-of-way line, for a distance of
628.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway;
THENCE North 60°45'58" East, leaving said east right-of-way line and following along said
south right-of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for
corner;
THENCE North 63'19'02" East, continuing along said south right-of-way line, for a distance of
585.96 feet to a point for corner;
THENCE North 60°52'09" East, continuing along said south right-of-way line, for a distance of
369.37 feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51.11
acres of land, more or less.
Exhibit A to Special Warranty Deed — Page 6
1775.010\38244.2
Exhibit B to Special Warranty Deed
Description of the Property
(Tract 1 plus Tract 2 SAVE AND EXCEPT 82.09 Acres)
Tract 1
BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1344,
the B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 174 and
the M.D.T. Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas,
being part of a tract of land described as Tract I as conveyed by deed to Maharishi Global
Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton
County, Texas, being part of a called 122.8106 acre tract of land conveyed by Correction Deeds
to Crow -Billingsley UMF Plano, Ltd., as recorded in Instrument No. 2004-44212, 2004-44213,
2004-44214 and 2004-44218, Official Public Records, Denton County, Texas, and being a part
of McKamy Road (an unrecorded right-of-way) SAVE AND EXCEPT those certain tracts of
land conveyed in deeds recorded in Volume 5366, Page 977, Instrument No. 2006-49955, 2006-
49957 and 2006-75193, Official Public Records, Denton County, Texas. Said remaining 377.68
acre tract of land being more particularly described by metes and bounds as follows:
BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre
tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State
Highway 121) (a variable width R.O.W.) and the west right-of-way line of Burlington Northern
Railroad (a 100 foot R. 0. W. at this point);
THENCE continuing with said west right-of-way line of Burlington Northern Railroad as
follows:
THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being
the beginning of a tangent curve to the right having a radius of 3703.75 feet, a central
angle of 13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet;
THENCE southeasterly, along said curve to the right, an arc distance of 845.26 feet to a
point for corner;
THENCE South 06°04'35" West, for a distance of 2524.64 feet to a point for corner;
THENCE North 83'1 T00" West, for a distance of 190.16 feet to a point for corner;
THENCE South 00°51'51" East, for a distance of 970.10 feet to a point for corner;
THENCE South 89°03'50" West, for a distance of 3 1.5 8 feet to a point for corner;
THENCE South 01°14'37" East, for a distance of 448.38 feet to a point for corner, being
the northeast corner of a tract of land conveyed by deed to Frankford Road Investors No.
Exhibit B to Special Warranty Deed — Page 1
1775.010\38244.2
1, as recorded in Instrument No. 2006-49957, Official Public Records, Denton County,
Texas;
THENCE North 87°06'22" West, leaving said west right-of-way line and following along the
north line of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for
corner, being in the northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being
the beginning of a non -tangent curve to the left having a radius of 113 0. 00 feet, a central angle of
103°16'58" and a long chord which bears North 38°43'34" West, 1772.16 feet;
THENCE continuing with said northerly right-of-way line of Plano Road as follows:
THENCE northwesterly, along said non -tangent curve to the left, an arc distance of
2036.97 feet to a point for corner;
THENCE South 89°38'05" West, for a distance of 647.23 feet to a point for corner, being
the beginning of a non -tangent curve to the right having a radius of 950.00 feet, a central
angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29 feet;
THENCE northwesterly, along said non -tangent curve to the right, an arc distance of
664.77 feet to a point for corner, being the beginning of a reverse curve to the left having
a radius of 1050.00 feet, a central angle of 40°14'10" and a long chord which bears North
70°21'30" West, 722.31 feet;
THENCE northwesterly, along said reverse curve to the left, an arc distance of 737.37
feet to a point for corner;
THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for corner, being
the beginning of a tangent curve to the right having a radius of 950.00 feet, a central
angle of 52°49'04" and a long chord which bears North 64°04'03" West, 845.07 feet;
THENCE northwesterly, along said curve to the right, an arc distance of 875.75 feet to a point
for corner, being the most southerly point of a corner -clip with said south right-of-way line of
Sam Rayburn Tollway (State Highway 121);
THENCE North 08°46'31" East, along said corner -clip, for a distance of 26.03 feet to a
point for corner, being in said south right-of-way line of Sam Rayburn Tollway (State
Highway 121);
THENCE continuing with said south right-of-way line of Sam Rayburn Tollway (State Highway
121) as follows:
THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for corner;
THENCE North 58017'36" East, for a distance of 252.11 feet to a point for corner;
Exhibit B to Special Warranty Deed — Page 2
1775.010\38244.2
THENCE North 55047'40" East, for a distance of 105.11 feet to a point for corner;
THENCE North 58°17'42" East, for a distance of 248.62 feet to a point for corner;
THENCE North 6004738" East, for a distance of 263.85 feet to a point for corner;
THENCE North 76°30'51" East, for a distance of 92.27 feet to a point for corner;
THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner;
THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner;
THENCE North 60°16'36" East, for a distance of 39.88 feet to a point for corner;
THENCE South 74°12'01" East, for a distance of 70.70 feet to a point for corner;
THENCE North 60047'38" East, for a distance of 64.12 feet to a point for corner;
THENCE North 15°47'17" East, for a distance of 73.27 feet to a point for corner;
THENCE North 59°04'32" East, for a distance of 94.25 feet to a point for corner;
THENCE North 55°39'04" East, for a distance of 100.40 feet to a point for corner;
THENCE North 47°37'54" East, for a distance of 114.18 feet to a point for corner;
THENCE North 60°47'38" East, for a distance of 3800.00 feet to a point for corner;
THENCE North 65°20'10" East, for a distance of 189.41 feet to a point for corner;
THENCE North 61'56'23" East, for a distance of 100.02 feet to a point for corner;
THENCE North 63°39'23" East, for a distance of 100.12 feet to a point for corner;
THENCE North 64°47'53" East, for a distance of 100.24 feet to a point for corner;
THENCE North 66'30'16" East, for a distance of 201.00 feet to a point for corner;
THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for corner;
THENCE North 66'30'16" East, for a distance of 100.50 feet to a point for corner;
THENCE North 63°05'04" East, for a distance of 100.08 feet to a point for corner;
THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner;
Exhibit B to Special Warranted — Page 3
1775.010\38244.2
THENCE North 83'05'27" East, for a distance of 69.58 feet to a point for corner;
THENCE North 60°39'18" East, for a distance of 33.81 feet to the POINT OF BEGINNING and
CONTAINING 16,451,919 square feet or 377.68 acres of land, more or less.
Tract 2
BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the
B.B.B. & C.R. Survey, Abstract No. 174, City of The Colony, Denton County, Texas, and being
all of a called 27.073 acre tract of land conveyed by deed to Sealy Spring Creek Partners, L.P., as
recorded in Instrument No. 2007-83136 and all of a called 23.990 acre tract of land conveyed by
deed to Whiteford Limited Partners, as recorded in Instrument No. 2004-132215 Official Public
Records, Denton County, Texas. Said 51.11 acre tract of land being more particularly described
by metes and bounds as follows:
BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy
Spring Creek Partners tract, being the intersection of the south right-of-way line of Sam Rayburn
Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of-way line of West
Spring Creek Parkway (a 160 foot R.O.W.);
THENCE South 29°24'43" East, along said west right-of-way line of West Spring Creek
Parkway, for a distance of 265.52 feet to a point for corner, being the beginning of a non -tangent
curve to the right having a radius of 970.00 feet, a central angle of 29°13'42" and a long chord
which bears South 14°53'13" East, 489.48 feet;
THENCE southeasterly, along said west right-of-way line and said non -tangent curve to the
right, an arc distance of 494.83 feet to a point for corner;
THENCE South 00°22'42" East, continuing along said west right-of-way line, for a distance of
476.17 feet to a point for corner, being the northeast corner of said Whiteford Limited Partners
tract;
THENCE South 00°23'35" East, continuing along said west right-of-way line, for a distance of
864.92 feet to a point for corner, being the northeast corner of Lot 1, Block A, Kings Ridge
Addition, Phase Three, an addition to the City of Plano, as recorded in Cabinet X, Page 450, Plat
Records, Denton County, Texas;
THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the
south line of said Whiteford Limited Partners tract and the north line of said Block A, Kings
Ridge Addition, Phase Three, being a common line, for a distance of 1199.93 feet to a point for
corner, being the northwest corner of Lot 23 of said Block A, Kings Ridge Addition, Phase
Three, being in the east right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at
this point), and being the beginning of a non -tangent curve to the left having a radius of 3487.75
feet, a central angle of 8°31'36" and a long chord which bears North 01°45'21" West, 518.57
Exhibit B to Special Warranty Deed — Page 4
1775.010\38244.2
feet;
THENCE northwesterly, leaving said common line, and following along said east right-of-way
line of Burlington Northern Railroad and said non -tangent curve to the left, an arc distance of
519.05 feet to a point for corner;
THENCE North 06°43'29" West, continuing along said east right-of-way line, for a distance of
345.89 feet to a point for corner, being the northwest corner of said Whiteford Limited Partners
tract;
THENCE North 07°03'01 " West, continuing along said east right-of-way line, for a distance of
628.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway;
THENCE North 60°45'58" East, leaving said east right-of-way line and following along said
south right-of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for
corner;
THENCE North 63°19'02" East, continuing along said south right-of-way line, for a distance of
585.96 feet to a point for corner;
THENCE North 60°52'09" East, continuing along said south right-of-way line, for a distance of
369.37 feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51.11
acres of land, more or less.
SAVE AND EXCEPT 82.09 ACRES
Being a 82.09 acre tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 174, and the
Thomas A. West Survey, Abstract No. 1344, Denton County, Texas, and being a portion of a tract of land
conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011-114773, Deed
Records, Denton County, Texas, and being more particularly described as follows:
COMMENCING at a found Txdot monument, said point being the northwest corner of said 121
Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121 (having a
variable width R.O.W.);
THENCE South 83°56'15" East, leaving said south right-of-way line, a distance of 23 80.3 5 feet to a point
for the POINT OF BEGINNING, said point being in the existing east right-of-way line of Plano Parkway
(having a 100 foot R.O.W.);
THENCE North 00°00'00" West, leaving said existing east right-of-way line, a distance of 560.75 feet to
a point for corner, for the beginning of a tangent curve to the left having a radius of 78.50 feet, a central
angle of 65°00'00", and a long chord which bears North 32°30'00" West, 84.36 feet;
THENCE along said tangent curve to the left, an are distance of 89.06 feet to a point for corner;
THENCE North 65°00'00" West, a distance of 259.91 feet to a point for corner, for the beginning of a
tangent curve to the right having a radius of 100.00 feet, a central angle of 35°00'00", and a long chord
Exhibit B to Special Warranty Deed — Page 5
1775.010\38244.2
which bears North 47°30'00" West, 60.14 feet;
THENCE along said tangent curve to the right, an are distance of 61.09 feet to a point for corner;
THENCE North 30°00'00" West, a distance of 390.00 feet to a point for corner;
THENCE North 60°47'38" East, a distance of 20.99 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 740.00 feet, a central angle of 2'02'01", and a long chord
which bears North 59°46'37" East, 26.26 feet;
THENCE along said tangent curve to the left, an arc distance of 26.27 feet to a point for corner;
THENCE South 30°00'00" East, a distance of 121.86 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 89.75 feet, a central angle of 35°00'00", and a long chord
which bears South 47°30'00" East, 53.98 feet;
THENCE along said tangent curve to the left, an arc distance of 54.83 feet to a point for corner;
THENCE South 65°00'00" East, a distance of 254.03 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 25.58 feet to a point for corner;
THENCE South 63°40'44" East, a distance of 478.61 feet to a point for corner, said point being in the
face of garage;
THENCE North 90°00'00" East, along said face of garage, a distance of 113.01 feet to a point for corner,
said point being the face of building;
THENCE North 00°00'00" East, along said face of building, a distance of 398.00 feet, and continuing a
total distance of 427.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 283.92 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 118.50 feet, a central angle of 27°06'17", and a long chord
which bears North 76°26'51" East, 55.54 feet;
THENCE along said tangent curve to the left, an arc distance of 56.06 feet to a point for corner, for the
beginning of a reverse curve to the right having a radius of 81.50 feet, a central angle of 54'12'34", and a
long chord which bears South 90°00'00" East, 74.27 feet;
THENCE along said reverse curve to the right an arc distance of 77.11 feet to a point for corner, for the
beginning of a reverse curve to the left having a radius of 118.50 feet, a central angle of 27°06'17", and a
long chord which bears South 76°26'51" East, 55.54 feet;
THENCE along said reverse curve to the left an are distance of 56.06 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 224.01 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 74.50 feet, a central angle of 60°00'00", and a long chord
which bears North 60°00'00" East, 74.50 feet;
THENCE along said tangent curve to the left, an arc distance of 78.02 feet to a point for corner;
Exhibit B to Special Warranty Deed - Page 6
1775.010\38244.2
THENCE South 60°00'00" East, a distance of 66.45 feet to a point for corner;
THENCE South 22'25'10 " East, a distance of 211.39 feet to a point for corner;
THENCE South 00°00'00" West, a distance of 95.61 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 1499.37 feet to a point for corner;
THENCE South 45°37'45" East, a distance of 369.46 feet to a point for corner, for the beginning of a non -
tangent curve to the left, having a radius of 840.00 feet and a central angle of 39° 19'11 ", and a long chord
which bears South 24°42'40" West, 565.21 feet;
THENCE along said non -tangent curve to the left an are distance of 576.46 feet to a point for corner, for
the beginning of a reverse curve to the right having a radius of 760.00 feet, a central angle of 35°53'29",
and a long chord which bears South 22°59'48" West, 468.33 feet;
THENCE along said reverse curve to the right an arc distance of 476.08 feet to a point for corner;
THENCE North 50°00'00" West, a distance of 72.29 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 87.50 feet, a central angle of 40°00'00", and a long chord
which bears North 70°00'00" West, 59.85 feet;
THENCE along said tangent curve to the left, an arc distance of 61.09 feet to a point for corner;
THENCE North 90°00'00" West, a distance of 441.04 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 19.50 feet, a central angle of 90100'00", and a long chord
which bears South 45°00'00" West, 27.58 feet;
THENCE along said tangent curve to the left, an arc distance of 30.63 feet to a point for corner;
THENCE South 00°00'00" West, a distance of 41.01 feet to a point for corner, for the beginning of a
tangent curve to the right having a radius of 225.73 feet and a central angle of 30°04'42" and a long chord
which bears South 15°59'58" West, 117.14 feet;
THENCE along said tangent curve to the right an are distance of 118.50 feet to a point for corner;
THENCE South 31 '02'19" West, a distance of 21.72 feet to a point for corner, for the beginning of a non -
tangent curve to the left having a radius of 1130.00 feet and a central angle of 33°00'40", and a long chord
which bears North 73°51'43" West, 642.08 feet, said point being in the existing east right-of-way line of
said Plano Parkway;
THENCE along said existing east right-of-way line, and along said non -tangent curve to the left an arc
distance of 651.05 feet to a point for corner;
THENCE South 89°38'05" West, continuing along said existing east right-of-way line, a distance of
647.23 feet to a point for corner, for the beginning of a non -tangent curve to the right having a radius of
950.00 feet and a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29
feet;
Exhibit B to Special Warranty Deed - Page 7
1775.010\38244.2
THENCE continuing along said existing east right-of-way line, and along said non -tangent curve to the
right an arc distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to the left
having a radius of 1050.00 feet, a central angle of 10°49'02", and a long chord which bears North
55°41'04" West, 197.94 feet;
THENCE continuing along said existing east right-of-way line, and along said reverse curve to the left, an
arc distance of 198.23 feet to the POINT OF BEGINNING and CONTAINING 3,575,716 square feet,
82.09 acres of land, more or less.
Exhibit B to Special Warranter — Page 8
1775.010\38244.2
Exhibit B-1 to Special Warranty Deed
Description of the 9.7075 -Acre Type A Property
LEGAL DESCRIPTION
TRACT IA
8.7021 ACRE TRACT OF LAND
Being a 8.7021 acre tract of land situated in the Buffalo Bayou, Brazos & Colorado Railroad Co.
Survey, Abstract No. 174, and the Thomas A. West Survey, Abstract No. 1344, Denton County,
Texas and being a portion of that certain parcel called 377.68 acre tract conveyed by deed to The
Colony Local Development Corporation, The Colony Economic Development Corporation &
The Colony Community Development Corporation, as recorded in Instrument No. 2013-20492,
County Clerks Records, Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a found Txdot monument, said point being in the northeast corner of said
The Colony Local Development Corporation, The Colony Economic Development Corporation
& The Colony Community Development Corporation tract, and being in the south right-of-way
line of State Highway 121 (having a variable width R.O. W.), and being in the west right-of-way
line of the Burlington Northern, Santa Fe Railroad (a 100' R.O.W.);
THENCE South 06°59'58" East, leaving said south right-of-way line, and along the west right-
of-way line, a distance of 618.28 feet to a point, for the POINT OF BEGINNING;
THENCE South 06°59'58" East, continuing along said west right-of-way line, a distance of
123.59 feet to a point for corner;
THENCE South 73°47'38" West, leaving said west right-of-way line, a distance of 117.99 feet to
a point for corner;
THENCE North 16012'22" West, a distance of 23.24 feet to a point for corner;
THENCE South 75°54'35" West, a distance of 34.21 feet to a point for corner;
THENCE South 73°47'38" West, a distance of 240.27 feet to a point for corner;
THENCE South 28°47'38" West, a distance of 66.47 feet to a point for corner;
THENCE South 16'12'22" East, a distance of 149.50 feet to a point for corner, for the beginning
of a tangent curve to the right having a radius of 253.00 feet, a central angle of 2°22'08", and a
long chord which bears South 15°01'18" East, 10.46 feet;
THENCE along said tangent curve to the right, an arc distance of 10.46 feet to a point for corner;
THENCE South 13°50'14" East, a distance of 77.27 feet to a point for corner, for the beginning
of a tangent curve to the left having a radius of 247.00 feet, a central angle of 12°33'32", and a
Exhibit B-1 to Special Warranty Deed — Page 1
1775.010\38244.2
long chord which bears South 20°07'00" East, 54.03 feet;
THENCE along said tangent curve to the left, an arc distance of 54.14 feet to a point for corner,
for the beginning of a non -tangent curve to the left having a radius of 746.49 feet and a central
angle of 1'54'52", and a long chord which bears South 27'21'12" East, 24.94 feet;
THENCE along said non -tangent curve to the left an arc distance of 24.94 feet to a point for
corner;
THENCE South 28°18'38" East, a distance of 100.94 feet to a point for corner, for the beginning
of a non -tangent curve to the right having a radius of 683.00 feet and a central angle of
19°42'30", and a long chord which bears South 18°27'23" East, 233.78 feet;
THENCE along said non -tangent curve to the right an arc distance of 234.94 feet to a point for
corner;
THENCE South 08°36'08" East, a distance of 49.87 feet to a point for corner, for the beginning
of a non -tangent curve to the right having a radius of 825.00 feet and a central angle of
24°23'46", and a long chord which bears South 03°35'45" West, 348.63 feet;
THENCE along said non -tangent curve to the right an arc distance of 351.28 feet to a point for
corner;
THENCE South 15°47'38" West, a distance of 731.40 feet to a point for corner, for the
beginning of a tangent curve to the right having a radius of 840.00 feet, a central angle of
45°33'52", and a long chord which bears South 38°34'34" West, 650.54 feet;
THENCE along said tangent curve to the right, an arc distance of 668.01 feet to a point for
corner;
THENCE South 61'21'29" West, a distance of 100.00 feet to a point for corner, for the
beginning of a curve to the left having a radius of 755.00 feet and a central angle of 50°54'40"
and a long chord which bears South 35°54'10" West, 649.01 feet;
THENCE along said non -tangent curve to the left an arc distance of 670.87 feet to a point for
corner;
THENCE South 10°26'50" West, a distance of 163.36 feet to a point for corner, for the
beginning of a non -tangent curve to the right having a radius of 830.00 feet and a central angle of
39°33'10" and a long chord which bears South 30°13'25" West, 561.66 feet;
THENCE along said non -tangent curve to the right an arc distance of 572.97 feet to a point for
corner;
THENCE South 50°00'00" West, a distance of 345.17 feet to a point for corner;
Exhibit 13-1 to Special Warranter — Page 2
1775.010\38244.2
THENCE South 06°25'33" West, a distance of 43.47 feet to a point for corner, for the beginning
of a non -tangent curve to the right having a radius of 1137.45 feet and a central angle of 8°37'26"
and a long chord which bears South 32°04'51" East, 171.04 feet;
THENCE along said non -tangent curve to the right an arc distance of 171.20 feet to a point for
corner, for the beginning of a compound curve to the right having a radius of 310.00 feet and a
central angle of 8°48'02" and a long chord which bears South 23°18'50" East, 47.57 feet;
THENCE along said compound curve to the right an arc distance of 47.62 feet to a point for
corner;
THENCE South 18°54'49" East, a distance of 51.58 feet to a point for corner, said point being in
the existing north right-of-way line of Plano Parkway (a 100' R.O.W.), for the beginning of a
non -tangent curve to the left having a radius of 1130.00 feet and a central angle of 20°11'27" and
a long chord which bears North 32°49'36" West, 396.15 feet;
THENCE along said existing north right-of-way line, and along said non -tangent curve to the left
an arc distance of 398.21 feet to a point for corner;
THENCE South 86°04'50" East, leaving said existing north right-of-way line, a distance of 43.22
feet to a point for corner;
THENCE North 50°00'00" East, a distance of 351.84 feet to a point for corner, for the beginning
of a tangent curve to the left having a radius of 760.00 feet, a central angle of 44°56'56", and a
long chord which bears North 27°31'32" East, 581.05 feet;
THENCE along said tangent curve to the left, an arc distance of 596.22 feet to a point for corner,
for the beginning of a reverse curve to the right having a radius of 840.00 feet and a central angle
of 56°26'35", and a long chord which bears North 33°16'22" East, 794.44 feet;
THENCE along said reverse curve to the right an arc distance of 827.50 feet to a point for
corner;
THENCE North 61 °21'28" East, a distance of 100.00 feet to a point for corner, for the beginning
of a tangent curve to the left having a radius of 770.00 feet, a central angle of 45°33'50", and a
long chord which bears North 38°34'33" East, 596.33 feet;
THENCE along said tangent curve to the left, an arc distance of 612.34 feet to a point for corner;
THENCE North 15°47'38" East, a distance of 731.41 feet to a point for corner, for the beginning
of a tangent curve to the left having a radius of 755.00 feet and a central angle of 44°06'16" and a
long chord which bears North 06°15'30" West, 566.93 feet;
THENCE along said tangent curve to the left an arc distance of 581.17 feet to a point for corner;
Exhibit 13-1 to Special Warranty Deed — Page 3
1775.010\38244.2
THENCE North 28°18'38" West, a distance of 100.00 feet to a point for corner, for the
beginning of a tangent curve to the right having a radius of 825.00 feet and a central angle of
12'06'16 " and a long chord which bears North 22° 15'30" West, 173.97 feet;
THENCE along said tangent curve to the right an arc distance of 174.29 feet to a point for
corner;
THENCE North 16°12'22" West, a distance of 351.95 feet to a point for corner;
THENCE North 73°47'38" East, a distance of 80.05 feet to a point for corner;
THENCE South 61'12'22" East, a distance of 66.40 feet to a point for corner;
THENCE North 73°47'38" East, a distance of 78.00 feet to a point for corner, for the beginning
of a tangent curve to the right having a radius of 253.00 feet, a central angle of 5°31'07", and a
long chord which bears North 76°33'11" East, 24.36 feet;
THENCE along said tangent curve to the right, an arc distance of 24.37 feet to a point for corner;
THENCE North 79'18'45" East, a distance of 78.24 feet to a point for corner, for the beginning
of a tangent curve to the left having a radius of 497.00 feet and a central angle of 5°31'07" and a
long chord which bears North 76°33'11" East, 47.85 feet;
THENCE along said tangent curve to the left an arc distance of 47.87 feet to a point for corner;
THENCE North 73°47'27" East, a distance of 22.32 feet to a point for corner;
THENCE North 72°02'17" East, a distance of 39.03 feet to a point for corner;
THENCE North 16012'22" West, a distance of 8.30 feet to a point for corner;
THENCE North 73°47'38" East, a distance of 132.88 feet to the POINT OF BEGINNING and
CONTAINING 379,065 square feet, 8.7021 acres of land, more or less.
Basis of Bearing is the City of The Colony GPS Monuments, and are based on the Texas
Coordinate System, (Nad-83).
LEGAL DESCRIPTION
TRACT 113
1.0054 ACRE TRACT OF LAND
Being a 1.0054 acre tract of land situated in the Thomas A. West Survey, Abstract No.1344,
Denton County, Texas and being a portion of that certain parcel called 377.68 acre tract
Exhibit B-1 to Special Warranty Deed — Page 4
1775.010\38244.2
conveyed by deed to The Colony Local Development Corporation, The Colony Economic
Development Corporation & The Colony Community Development Corporation, as recorded in
Instrument No. 2013-20492, County Clerks Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being in the southwest corner of said
The Colony Local Development Corporation, The Colony Economic Development Corporation
& The Colony Community Development Corporation tract, and being in the east right-of-way
line of Plano Parkway (a 100' R.0.W.);
THENCE South 87°06'22" East, leaving said east right-of-way line, and along the south line of
said The Colony Local Development Corporation, The Colony Economic Development
Corporation & The Colony Community Development Corporation tract, a distance of 502.70 feet
to a point, for the POINT OF BEGINNING, and being the beginning of a tangent curve to the
left having a radius of 1663.13 feet, a central angle of 6°29'39", and a long chord which bears
North 10°08'34" East, 188.41 feet;
THENCE leaving said south line, and along said tangent curve to the left, an arc distance of
18 8.5 1 feet to a point for corner;
THENCE North 89'57'19 " East, a distance of 269.73 feet to a point for corner;
THENCE South 29°58'07" West, a distance of 225.43 feet to a point for corner, said point being
in the south line of said The Colony Local Development Corporation, The Colony Economic
Development Corporation & The Colony Community Development Corporation tract;
THENCE North 87006'22" West, along said south line, a distance of 190.54 feet to the POINT
OF BEGINNING and CONTAINING 43,797 square feet, 1.0054 acres of land, more or less.
Basis of Bearing is the City of The Colony GPS Monuments, and are based on the Texas
Coordinate System, (Nad-83).
Exhibit B-1 to Special Warranty Deed — Page 5
1775.010\38244.2
Exhibit C to Special Warranty Deed
Benefitted Property (82.09 acres)
Being a 82.09 acre tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No. 174, and the
Thomas A. West Survey, Abstract No. 1344, Denton County, Texas, and being a portion of a tract of land
conveyed by deed to 121 Acquisition Company, LLC., as recorded in Instrument No. 2011-114773, Deed
Records, Denton County, Texas, and being more particularly described as follows:
COMMENCING at a found Txdot monument, said point being the northwest corner of said 121
Acquisition Company, LLC tract and being in the south right-of-way line of State Highway 121 (having a
variable width R.O.W.);
THENCE South 83°56'15" East, leaving said south right-of-way line, a distance of 23 80.3 5 feet to a point
for the POINT OF BEGINNING, said point being in the existing east right-of-way line of Plano Parkway
(having a 100 foot R.0.W.);
THENCE North 00°00'00" West, leaving said existing east right-of-way line, a distance of 560.75 feet to
a point for corner, for the beginning of a tangent curve to the left having a radius of 78.50 feet, a central
angle of 65°00'00", and a long chord which bears North 32°30'00" West, 84.36 feet;
THENCE along said tangent curve to the left, an arc distance of 89.06 feet to a point for corner;
THENCE North 65°00'00" West, a distance of 259.91 feet to a point for corner, for the beginning of a
tangent curve to the right having a radius of 100.00 feet, a central angle of 35°00'00", and a long chord
which bears North 47°30'00" West, 60.14 feet;
THENCE along said tangent curve to the right, an arc distance of 61.09 feet to a point for corner;
THENCE North 30000'00" West, a distance of 390.00 feet to a point for corner;
THENCE North 60°47'38" East, a distance of 20.99 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 740.00 feet, a central angle of 2'02'01", and a long chord
which bears North 59°46'37" East, 26.26 feet;
THENCE along said tangent curve to the left, an arc distance of 26.27 feet to a point for corner;
THENCE South 30°00'00" East, a distance of 121.86 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 89.75 feet, a central angle of 35°00'00", and a long chord
which bears South 47°30'00" East, 53.98 feet;
THENCE along said tangent curve to the left, an arc distance of 54.83 feet to a point for corner;
THENCE South 65°00'00" East, a distance of 254.03 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 25.58 feet to a point for corner;
THENCE South 63°40'44" East, a distance of 478.61 feet to a point for corner, said point being in the
face of garage;
Exhibit C to Special Warranty Deed — Page 1
1775.010\38244.2
THENCE North 90°00'00" East, along said face of garage, a distance of 113.01 feet to a point for corner,
said point being the face of building;
THENCE North 00000'00" East, along said face of building, a distance of 398.00 feet, and continuing a
total distance of 427.50 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 283.92 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 118.50 feet, a central angle of 27°06'17", and a long chord
which bears North 76°26'51" East, 55.54 feet;
THENCE along said tangent curve to the left, an are distance of 56.06 feet to a point for corner, for the
beginning of a reverse curve to the right having a radius of 81.50 feet, a central angle of 54°12'34", and a
long chord which bears South 90°00'00" East, 74.27 feet;
THENCE along said reverse curve to the right an arc distance of 77.11 feet to a point for corner, for the
beginning of a reverse curve to the left having a radius of 118.50 feet, a central angle of 27°06'17", and a
long chord which bears South 76°26'51" East, 55.54 feet;
THENCE along said reverse curve to the left an arc distance of 56.06 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 224.01 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 74.50 feet, a central angle of 60°00'00", and a long chord
which bears North 60000100" East, 74.50 feet;
THENCE along said tangent curve to the left, an arc distance of 78.02 feet to a point for corner;
THENCE South 60°00'00" East, a distance of 66.45 feet to a point for corner;
THENCE South 22'25'10" East, a distance of 211.39 feet to a point for corner;
THENCE South 00°00'00" West, a distance of 95.61 feet to a point for corner;
THENCE North 90000'00" East, a distance of 1499.37 feet to a point for corner;
THENCE South 45°37'45" East, a distance of 369.46 feet to a point for corner, for the beginning of a non -
tangent curve to the left, having a radius of 840.00 feet and a central angle of 39°19'11 ", and a long chord
which bears South 24°42'40" West, 565.21 feet;
THENCE along said non -tangent curve to the left an arc distance of 576.46 feet to a point for corner, for
the beginning of a reverse curve to the right having a radius of 760.00 feet, a central angle of 35°53'29",
and a long chord which bears South 22°59'48" West, 468.33 feet;
THENCE along said reverse curve to the right an arc distance of 476.08 feet to a point for corner;
THENCE North 50°00'00" West, a distance of 72.29 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 87.50 feet, a central angle of 40100'00", and a long chord
which bears North 70°00'00" West, 59.85 feet;
THENCE along said tangent curve to the left, an arc distance of 61.09 feet to a point for corner;
Exhibit C to Special Warranty Deed - Page 2
1775.010\38244.2
THENCE North 90°00'00" West, a distance of 441.04 feet to a point for corner, for the beginning of a
tangent curve to the left having a radius of 19.50 feet, a central angle of 90°00'00", and a long chord
which bears South 45°00'00" West, 27.58 feet;
THENCE along said tangent curve to the left, an arc distance of 30.63 feet to a point for corner;
THENCE South 00°00'00" West, a distance of 41.01 feet to a point for corner, for the beginning of a
tangent curve to the right having a radius of 225.73 feet and a central angle of 30°04'42" and a long chord
which bears South 15°59'58" West, 117.14 feet;
THENCE along said tangent curve to the right an arc distance of 118.50 feet to a point for corner;
THENCE South 31'02'19" West, a distance of 21.72 feet to a point for corner, for the beginning of a non -
tangent curve to the left having a radius of 1130.00 feet and a central angle of 33°00'40", and a long chord
which bears North 73°51'43" West, 642.08 feet, said point being in the existing east right-of-way line of
said Plano Parkway;
THENCE along said existing east right-of-way line, and along said non -tangent curve to the left an are
distance of 651.05 feet to a point for corner;
THENCE South 89°38'05" West, continuing along said existing east right-of-way line, a distance of
647.23 feet to a point for corner, for the beginning of a non -tangent curve to the right having a radius of
950.00 feet and a central angle of 40°05'36" and a long chord which bears North 70°19'29" West, 651.29
feet;
THENCE continuing along said existing east right-of-way line, and along said non -tangent curve to the
right an arc distance of 664.77 feet to a point for corner, for the beginning of a reverse curve to the left
having a radius of 1050.00 feet, a central angle of 10°49'02", and a long chord which bears North
55°41'04" West, 197.94 feet;
THENCE continuing along said existing east right-of-way line, and along said reverse curve to the left, an
arc distance of 198.23 feet to the POINT OF BEGINNING and CONTAINING 3,575,716 square feet,
82.09 acres of land, more or less.
Exhibit C to Special Warranty Deed — Page 3
1775.010\38244.2
Exhibit D to Special Warranty Deed
Permitted Exceptions
The following restrictive covenants of record itemized below:
under Clerk's File No. 2011-114788, 2011-114786, 2011-144787, 2011-114785, Deed
Records, Denton County, Texas (Tract 2) , but omitting any covenant or restriction based
on race, color, religion, sex, handicap, familial status or national origin unless and only to
the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United
States Code or (b) relates to handicap but does not discriminate against handicapped
persons.
2. Standby fees, taxes and assessments by any taxing authority for the year 2012, and
subsequent years; and subsequent taxes and assessments by any taxing authority for prior
years due to change in land usage or ownership.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the title that would be disclosed by an accurate and complete land survey of the Land.
4. Terms, conditions and stipulations of Reciprocal Access Easement Agreement dated
11/30/2011, filed 12/01/2011, 2011-114776, Real Property Records of Denton County,
Texas. (Affects Tract 1).
Matters contained in that certain document
Entitled: License Agreement
Dated: September 5, 2012
Executed by: 121 Acquisition Company and Mario Sinacola & Sons Excavating, Inc.
Which provides for, among other things: constructing, installing, completing, inspecting,
operation, maintaining, using repairing, modifying, reconfiguring and removing a
temporary batch plant
Reference is hereby made to said document for full particulars.
Affects: Tract 1 Parcel A
6. Building setback lines, easements and other matters, as shown or provided for on plat
reciorded in Cabinet V, Slide 187, Plat Records, Denton County, Texas.
40' drainage easements;
30' drainage easement;
Variable width mutual access easement;
10' water easement;
Exhibit D to Special Warranty Deed — Page 1
1775.010\38244.2
20' existing water easement;
Variable width existing utility easement;
5' private water easement;
Variable width sanitary sewer easement and
25' building line.
(Affects Tract 1 Parcel B)
7. Easement granted by M.E. Tittle and wife, Dixie C. Tittle to Denton County Electric
Cooperative, Inc., dated 05/09/1950, filed 5/07/1954, recorded in Volume 404, Page 192,
Real Property Records of Denton County, Texas. (Affects Tract 1 Parcel B).
8. Easement granted by Lee McKamy and Mrs. Hattie McKamy to Denton County Electric
Cooperative, Inc., dated 03/03/1938, filed 02/05/1954, recorded in Volume 403, Page
373, Real Property Records of Denton County, Texas. (Affects Tract 1 Parcel B).
9. Easement granted by M.E. Tittle to Lebanon Water Supply Corporation, dated
06/18/1957, as attached to and affected by Assignment of Easements executed by
Lebanon Water Supply Corporation to the City of The Colony, filed 10/29/1992,
recorded in Volume 3361, Page 358, Real Property Records of Denton County,
Texas,(Affects Tract 1 Parcel B).
10. Easement granted by CB/Tittle, Ltd., to the City of Lewisville, dated 05/20/2003, filed
07/21/2003, recorded in Volume 5378, Page 2571, Real Property Records of Denton
County, Texas. (Affects Tract 1 Parcel B).
11. Easement granted by CB/Tittle, Ltd., to the City of Lewisville, dated 05/21/2009, filed
05/29/2009, 2009-64316, Real Property Records of Denton County, Texas.(Affects Tract
I Parcel B).
The Following Affect Tract 2
12. Easement granted by Daisy McDaniel to Denton County Electric Cooperative, Inc., dated
03/03/1938, filed 02/04/1954, recorded in Volume 403, Page 370, Real Property Records
of Denton County, Texas.
13. Easement granted by M.P. Tittle to Denton County Electric Cooperative, Inc., dated
05/09/1950, filed 05/07/1954, recorded in Volume 404, Page 192, Real Property Records
of Denton County, Texas.
Exhibit D to Special Warranty Deed — Page 2
1775.010\38244.2
14. Ten foot (10') wide easement to construct, reconstruct and maintain utility lines granted
by Crow -Billingsley Manderian, Ltd., et al, to the City of The Colony, dated 03/15/1989,
filed 03/17/1989, recorded in Volume 2546, Page 818, Real Property Records of Denton
County, Texas.
15. Ten foot (10) wide easement for underground electric supply lines granted by University
Business Park Phase Il Limited, et al, to Texas Power & Light Company, dated
05/16/1989, filed 05/18/1989, recorded in Volume 2580, Page 486, Real Property
Records of Denton County, Texas.
16. Twenty five foot (25') wide easement for construction, reconstruction, maintenance,
repairs and replacement of water and wastewater utilities granted by Crow -Billingsley
Manderian, Ltd., et al, to the City of The Colony, dated 08/06/2004, filed 08/19/2004,
under Clerk's File No. 2004-110477, Real Property Records of Denton County, Texas.
17. Twenty-five foot (25') wide easement for construction, reconstruction, maintenance,
repairs and replacement of utilities granted by Crow -Billingsley UMF Piano, Ltd., to the
City of The Colony, dated 02/26/2008, filed 05/14/2008, under Clerk's File No. 2008-
52212, Real Property Records of Denton County, Texas.
18. Matters contained in that certain document
Entitled: Special Warranty Deed
Dated: November 30, 2011
Executed by: and between Laurel Real Estate Holdings I, Inc., and 121 Acquisition
Company, LLC
Recording Date: December 1, 2011
Recording No: under Clerk's File No. 2011-114788, Deed Records, Denton County,
Texas.
Which provides for, among other things: Restrictions
Reference is hereby made to said document for full particulars.
19. Matters contained in that certain document
Entitled: Special Warranty Deed
Dated: November 30, 2011
Executed by: and between Crow -Billingsley UMF Plano, Ltd. and 121 Acquisition
Company, LLC
Recording Date: December 1, 2011
Recording No: under Clerk's File No. 2011-114786, Deed Records, Denton County,
Texas.
Which provides for, among other things: Restrictions
Reference is hereby made to said document for full particulars.
Exhibit D to Special Warranter — Page 3
1775.010\38244.2
20. Matters contained in that certain document
Entitled: Special Warranty Deed
Dated: November 30, 2011
Executed by: and between PBC 14 AR Land, Ltd., and 121 Acquisition Compasny, LLC
Recording Date: December 1, 2011
Recording No: under Clerk's File No. 2011-114787, Deed Records, Denton County,
Texas.
Which provides for, among other things: Restrictions
Reference is hereby made to said document for full particulars.
21. Matters contained in that certain document
Entitled: Special Warranty Deed
Dated: November 30, 2011
Executed by: and between Laurel Real Estate Holdings II, Inc., and 121 Acquisition
Compasny, LLC
Recording Date: December 1, 2011
Recording No: under Clerk's File No. 2011-114785, Deed Records, Denton County,
Texas.
Which provides for, among other things: Restrictions
Reference is hereby made to said document for full particulars.
22. Easement to Lebanon Water Supply Corporation, filed 05/02/1966, recorded in Volume
537, Page 392, Real Property Records of Denton County, Texas.
23. Forty foot (40') wide ingress and egress easement granted in Ingress and Egress Easement
filed 10/26/1967, recorded in Volume 558, Page 173, Real Property Records of Denton
County, Texas.
24. Twenty-five foot (25) wide easement for utility lines along the southern boundary of the
subject property abutting Plano Parkway granted in Easement granted by Maharishi
Global Development Fund to the City of The Colony, dated 10/18/2000, filed
10/25/2000, recorded in Volume 4703, Page 1038, Real Property Records of Denton
County, Texas.
25. Limited; or lack of access to road or highway abutting subject property as set forth in
instrument filed 12/30/2002, recorded in Volume 5241, Page 5213, Real Property
Records of Denton County, Texas.
26. Mineral estate and interest, and all rights incident thereto, described in instrument
recorded in Volume 570, Page 299, Real Property Records of Denton County, Texas.,
Title to said interest not checked subsequent to the date thereof.
Exhibit D to Special Warranty Deed — Page 4
1775.010\38244.2
The Following Affect Tract 3
27. Easement to construct, reconstruct and maintain drainage facilities created in Drainage
Easement to City of Plano, dated November 2,1999, filed November 4, 1999, executed by
Thompson/McSpedden Family Partners, Ltd., a Texas limited partnership and Whiteford
Limited Partnership, a Texas limited partnership, recorded in Volume 4461, Page 1405,
Real Property Records, Denton County, Texas.
28. Twenty foot (20') wide easement for sanitary sewer pipeline along northern boundary of
land created in Easement for Right of Way to North Texas Municipal Water District,
dated November 24, 2003, filed December 18, 2003, executed by Whiteford Limited
Partnership & Thompson/McSpedden Family Partners, Ltd., recorded under Clerk's File
No. 2003-203939, Real Property Records, Denton County, Texas.
29. Ten (10') wide easement for electric and communications facilities along northern and
eastern boundaries of land created in Easement and Right of Way to Oncor Electric
Delivery Company LLC, a Delaware limited liability company, dated March 11, 2009,
filed March 27, 2009, executed by Spring Creek Partners L.P., a Georgia limited
partnership, recorded under Clerk's File No. 2009-36324, Official Public Records,
Denton County, Texas.
30. Twenty (20') foot wide easement and right of way, together with appurtenances, for
sanitary sewer pipeline executed by Whiteford Limited Partnership and
Thompson/McSpedden Family Partners, Ltd. to North Texas Municipal Water District,
dated November 24, 2003, filed December 18, 2003, recorded under Document No.
2003-203939, Official Public Records, Denton County, Texas.
31. Rights of Nicky James, as Tenant, under unrecorded written Farming and Grazing Lease
dated January 1, 2012 by and between 121 Acquisition Company, LLC ("Landlord"), and
Nicky James ("Tenant").
Affects: All tracts
Exhibit D to Special Warranty Deed — Page 5
1775.010\38244.2