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HomeMy WebLinkAboutResolution No. 2014-018CITY OF THE COLONY, TEXAS RESOLUTION NO. 2014- U10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A CORRECTION SPECIAL WARRANTY DEED CORRECTING AND REPLACING THE 94.4 PERCENT UNDIVIDED INTEREST ACQUIRED BY THE COLONY LOCAL 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 327.285 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 Local Development Corporation a 94.4 percent interest in a 346.7 acre tract of land by correcting and replacing such undivided interest with a conveyance of approximately 327.285 acres out of such 346.7 acre tract of land to The Colony Local 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\38355.1 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THIS THE 1sT DAY OF APRIL, 2014. 8 Joe McCourry, Mayor ATTE T: Christie Wilson, City Secretary APPROVED AS TO FORM: of . Tj eff Moore, City Attorney V`' .•• ' SEAL '< TEX A5 1775.010\38355.1 Page 3 1775.010\38355.1 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 7t" 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 94.4 percent undivided interest in the approximately 346.7 -acre Property (hereinafter defined) conveyed to the LGC in the Prior Incorrect Deed with the conveyance of all of the interest in an approximately 327.285 -acre portion of the Property to the LGC; 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 Type A Corporation and the Type B Corporation respectively under the Prior Incorrect Deed and replace such undivided interests with a conveyance of approximately 9.7075 acres of the Property to the Type A Corporation (the "Type A Property") and approximately 9.7075 acres of the Property to the Type B Corporation (the "Type B Property"); WHEREAS, the Type A 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 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, the 9.7075 -acre Type B Property, and the 327.285 -acre LGC Property (hereinafter defined) constitute, in the aggregate, the 346.7 -acre Property; Correction Special Warranty Deed — Page 1 1775.010\38211.5 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; WHEREAS, the LGC 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 "Property"). 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 Type A Corporation, 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 327.285 acres, as described on Exhibit B-1 as Tract 1 plus Tract 2 SAVE AND EXCEPT 82.09 acres, 8.7021 acres, 1.0054 acres, 8.7021 acres, and 1.0054 acres (the "LGC Property"). Grantor reserves exclusive easements on, over, across, upon, through and under the LGC 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 Correction Special Warranty Deed — Page 2 1775.010\38211.5 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 LGC Property shall also be or become some or all of the owners of the Benefitted Estate. Common ownership of the LGC 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 whole or in part. The foregoing notwithstanding, Grantee will take possession of the LGC 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 LGC 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 LGC Property and that may be produced from the LGC 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 LGC Property for oil, gas, and other minerals and for removing them from the LGC 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 LGC 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 LGC Property relating to the portion of the Mineral Estate owned by Grantor solely to the extent and for so long as the LGC 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 LGC 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 LGC Property but enter or bottom under the LGC 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 LGC Property. Use of the LGC Property by Grantee: (i) is subject to the performance by Grantee of the covenants and conditions of The Colony Agreements applicable to the LGC 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 LGC 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 LGC 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 LGC Property. Correction Special Warranty Deed — Page 3 1775.010\38211.5 Grantor binds itself and its successors and assigns to warrant and forever defend, all and singular, the above described interests in the LGC 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 LGC Property (the "Permitted Exceptions"), to Grantee and Grantee's successors and assigns, against every person whomsoever lawfully 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 LGC Property and all improvements attached thereto, is hereby reserved and retained by Grantor against the LGC 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 LGC 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 LGC 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 LGC Property IS BEING SOLD "AS IS" and "WITH ALL FAULTS" and Grantee takes possession of the LGC 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 LGC Property, including, but not limited to: the suitability of the LGC Property for any activity or use; any improvements or substances located on the LGC Property; or the compliance of the LGC 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 LGC PROPERTY, INCLUDING BUT Correction Special Warranty Deed — Page 4 1775.010\38211.5 NOT LIMITED TO: THE CONDITION, SUITABILITY, HABITABILITY, MERCHANTABILITY OR FITNESS OF THE LGC PROPERTY FOR PURCHASER'S PLANNED USE OF THE LGC 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 LGC PROPERTY. GRANTEE ACKNOWLEDGES THAT THE LGC 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 LGC 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 LGC 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\38211.5 AGREED TO AND ACCEPTED BY: GRANTEE: The Colony Local Development Corporation, a Texas non-profit corporation By: J e McCou ry President THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on this lday of /( 2014, by Joe McCourry, President of The Colony Local 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 beMfo//id non-profit corporation. Notary Public in and for the State of Texas Z01�v p�Gn CHRISTIE NEU WILSON My Commission Expires November 22, 2017 Correction Special Warranty Deed — Page 6 1775.010\38211.5 AGREED TO AND ACCEPTED BY THE TYPE A CORPORATION AS A GRANTEE UNDER THE PRIOR INCORRECT DEED: The Colony Economic Development Corporation, a Texas non-profit corporation By: ®. Tom vardzik, President THE STATE OF TEXAS g COUNTY OF DENTON g This instrument was acknowledged before me on this � day of 2014, by Tom Tvardzik, President of The Colony Economic 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 beh f of said no - rofit corporation. Notary Public in and for the State of Texas p`pPY P�Bi CHRISTIE NEU WILSON My Commission Expires November 22, 2017 OF Correction Special Warranty Deed — Page 7 1775.010\38211.5 AGREED TO AND ACCEPTED BY THE TYPE BE CORPORATION AS A GRANTEE UNDER THE PRIOR INCORRECT DEED: The Colony Community Development Corporation, a Texas non-profit orpo tion By: Name:J aL . Ai �� v Title: j✓i C IT S/cLt. ,— THE STATE OF TEXAS COUNTY OF DENTON This instrument was�ack7_'\­ I wledged before me on this day of C� c < 2014, by��A� r— ��.f.c�e. - I�/1e-e 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 ............------ �� CHRISTIE NEU WKWN My Commission Expires November 22, 2017 Correction Special Warranty Deed — Page 8 1775.010\38211.5 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 — LGC Property Exhibit C — Benefitted Property Exhibit D — Permitted Exceptions Correction Special Warranty Deed — Page 9 1775.010\38211.5 Exhibit A to Special Warranty Deed Aggregate Property (totaling 433.81 acres) Tract 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°22'33" 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\38211.5 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 87006'22" 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\38211.5 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 coiner, 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\38211.5 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 3 9.8 8 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 6004738" 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 59004'32" 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 47037'54" East, for a distance of 114.18 feet to a point for corner; THENCE North 6004738" 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; 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\38211.5 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 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 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 Warranty Deed — Page 5 1775.010\38211.5 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 3 69.3 7 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\38211.5 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.O.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 8301700" 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 89103'50" 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. Exhibit B to Special Warranty Deed — Page 1 1775.010\38211.5 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 58°17'36" East, for a distance of 252.11 feet to a point for corner; Exhibit B to Special Warranty Deed — Page 2 1775.010\38211.5 THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for corner; THENCE North 58017'42" 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; 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 641113'39" East, for a distance of 100.18 feet to a point for corner; THENCE North 60016'36" 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°4717" 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 61056'23" 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 Warranter — Page 3 1775.010\38211.5 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\38211.5 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 2380.35 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 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 Exhibit B to Special Warranty Deed — Page 5 1775.010\38211.5 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 6004738" 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 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 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 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 60000'00", 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 Warranter - Page 6 1775.010\38211.5 THENCE South 60100'00" East, a distance of 66.45 feet to a point for corner; THENCE South 22125'10 " 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 4503745" 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 are 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 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'l 9" 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 33000'40", 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; Exhibit B to Special WarrantI Deed —Page 7 1775,010\38211.5 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 Warranty Deed — Page 8 1775.010\38211.5 Exhibit B-1 to Special Warranty Deed Description of the 327.285 -Acre LGC Property (Tract 1 plus Tract 2 SAVE AND EXCEPT 82.09 Acres 8.7021 Acres 1.0054 Acres 8.7201 Acres and 1.0054 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°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. Exhibit B-1 to Special Warranty Deed — Page 1 1775.010\38211.5 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 are 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; Exhibit B-1 to Special Warranty Deed — Page 2 1775.010\38211.5 THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for corner; THENCE North 58017'42" 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; 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 60°47'38" East, for a distance of 64.12 feet to a point for corner; THENCE North 15047'17" 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 65056'12" 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-1 to Special Warranty Deed — Page 3 1775.010\38211.5 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. 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 5 1. 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. 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 Exhibit B-1 to Special Warranty Deed — Page 4 1775.010\38211.5 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 2380.35 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 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 Exhibit B-1 to Special Warranty Deed — Page 5 1775.010\38211.5 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 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 47030'00" 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 90000'00" 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 27006'17", 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 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 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-1 to Special Warranter - Page 6 1775.010\38211.5 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 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 are 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; 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 90000'00", 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 30004'42" 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 31002'19" 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 33100'40", 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-1 to Special Warranty Deed - Page 7 1775.010\38211.5 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. SAVE AND EXCEPT 8.7021 ACRES 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. 0. 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 16°12'22" 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; Exhibit B-1 to Special Warranty Deed — Page 8 1775.010\38211.5 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 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 50054'40" 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; Exhibit 13-1 to Special Warranty Deed — Page 9 1775.010\38211.5 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; 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 are 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 are 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 50000'00" 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 are 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 45033'50", and a long chord which bears North 38°34'33" East, 596.33 feet; Exhibit B-1 to Special Warranty Deed — Page 10 1775.010\38211.5 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; 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'l 8'45 " 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 16°12'22" 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). Exhibit B-1 to Special Warranty Deed — Page 11 1775.010\38211.5 SAVE AND EXCEPT 8.7021 ACRES LEGAL DESCRIPTION TRACT 2A 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, 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: BEGINNING at a found Txdot monument, said point being in the north line 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.); THENCE South 20°37'01" West, leaving said south right-of-way line, a distance of 69.30 feet to a point for corner; THENCE South 60°47'33" West, a distance of 9.63 feet to a point for corner; THENCE South 27°29'52" East, a distance of 167.66 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 255.50 feet, a central angle of 7°24'46", and a long chord which bears South 23°47'29" East, 33.03 feet; THENCE along said tangent curve to the right, an arc distance of 33.06 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 190.50 feet, a central angle of 36°22'22", and a long chord which bears South 38°16'17" East, 118.91 feet; THENCE along said reverse curve to the left an arc distance of 120.93 feet to a point for corner; THENCE North 32°17'20" East, a distance of 8.50 feet to a point for corner, for the beginning of a non -tangent curve to the left having a radius of 441.50 feet and a central angle of 12°17'07", and a long chord which bears South 62°33'21" East, 94.49 feet; THENCE along said non -tangent curve to the left an arc distance of 94.67 feet to a point for corner; THENCE North 16°45'17" East, a distance of 8.50 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 317.00 feet, a central angle of 100°57'27", and a long chord which bears North 67'14'00" East, 489.06 feet; Exhibit B-1 to Special Warranty Deed — Page 12 1775.010\38211.5 THENCE along said tangent curve to the right, an arc distance of 558.57 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 97.00 feet, a central angle of 35°22'57", and a long chord which bears South 79°58'45" East, 58.95 feet; THENCE along said reverse curve to the left an arc distance of 59.90 feet to a point for corner; THENCE North 07°40'13" West, a distance of 21.00 feet for the beginning of a non -tangent curve to the left, having a radius of 76.00 feet and a central angle of 54°44'58", and a long chord which bears North 54°57'18" East, 69.89 feet; THENCE along said non -tangent curve to the left an arc distance of 72.62 feet to a point for corner; THENCE North 27°34'49" East, a distance of 47.21 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1315.00 feet, a central angle of 3°30'46", and a long chord which bears North 29'20'12" East, 80.61 feet; THENCE along said tangent curve to the right, an arc distance of 80.62 feet to a point for corner; THENCE South 58°54'25" East, a distance of 21.00 feet to a point for corner; THENCE South 63°12'35" East, a distance of 88.27 feet to a point for corner; THENCE South 59°32'33" East, a distance of 21.00 feet to a point for corner, for the beginning of a non -tangent curve to the left having a radius of 1185.00 feet and a central angle of 3°50'39", and a long chord which bears South 29°30'09" West, 79.49 feet; THENCE along said non -tangent curve to the left an arc distance of 79.51 feet to a point for corner; THENCE South 27°34'49" West, a distance of 90.24 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 565.00 feet, a central angle of 4°42'55", and a long chord which bears South 29°56'17" West, 46.48 feet; THENCE along said tangent curve to the right, an arc distance of 46.50 feet to a point for corner; THENCE North 57'42'16" West, a distance of 21.00 feet to a point for corner, for the beginning of a non -tangent curve to the right, having a radius of 544.00 feet and a central angle of 28°52'43", and a long chord which bears South 46°44'06" West, 271.30 feet; THENCE along said non -tangent curve to the right an arc distance of 274.19 feet to a point for corner; THENCE South 61'10'28" West, a distance of 413.11 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 524.00 feet, a central angle of Exhibit 13-1 to Special Warranter — Page 13 1775.010\38211.5 28°49'33", and a long chord which bears South 75°35'14" West, 260.85 feet; THENCE along said tangent curve to the right, an arc distance of 263.63 feet to a point for corner; THENCE North 90°00'00" West, a distance of 69.78 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 317.00 feet, a central angle of 30°00'00", and a long chord which bears North 75°00'00" West, 164.09 feet; THENCE along said tangent curve to the right, an arc distance of 165.98 feet to a point for corner; THENCE North 60°00'00" West, a distance of 64.06 feet to a point for corner; THENCE North 30°00'00" East, a distance of 79.00 feet to a point for corner; THENCE South 60°00'00" East, a distance of 49.42 feet to a point for corner, for the beginning of a tangent curve to the left having a radius of 122.00 feet, a central angle of 145°29'40", and a long chord which bears North 47°15'09" East, 233.02 feet; THENCE along said tangent curve to the left, an arc distance of 309.80 feet to a point for corner; THENCE South 64°30'19" West, a distance of 3.82 feet to a point for corner; THENCE North 36°30'34" West, a distance of 146.36 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 255.50 feet, a central angle of 4'10'52", and a long chord which bears North 34°25'09" West, 18.64 feet; THENCE along said tangent curve to the right, an arc distance of 18.64 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 220.52 feet, a central angle of 38°31'00", and a long chord which bears North 51 °35'13" West, 145.47 feet; THENCE along said reverse curve to the left an arc distance of 148.24 feet to a point for corner; THENCE North 19'09'10" East, a distance of 48.30 feet to a point for corner; THENCE North 29'l Y11 " West, a distance of 44.66 feet to a point for corner; THENCE North 60°46'56" East, a distance of 255.80 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). Exhibit B-1 to Special Warranted — Page 14 1775.010\38211.5 VE AND EXCEPT 1.0054 ACRE LEGAL DESCRIPTION TRACT 1B 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 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.O.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 188.51 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 87°06'22" 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). SAVE AND EXCEPT 1.0054 ACRES LEGAL DESCRIPTION TRACT 2B 1.0054 ACRE TRACT OF LAND Exhibit B-1 to Special Warranty Deed —Page 15 1775.010\38211.5 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 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 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 188.51 feet to a point for the POINT OF BEGINNING, and being the beginning of a compound curve to the left having a radius of 1663.13 feet, a central angle of 6°07'26", and a long chord which bears North 03°50'01" East, 177.68 feet; THENCE along said compound curve to the left, an arc distance of 177.76 feet to a point for corner; THENCE South 89°57'51" East, a distance of 228.03 feet to a point for corner; THENCE South 09°34'05" East, a distance of 179.42 feet to a point for corner; THENCE South 89°57'19" West, a distance of 269.73 feet to the POINT OF BEGINNING and CONTAINING 43,796 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 16 1775.010\38211.5 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.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 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 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; Exhibit C to Special Warrant. Deed — Page 1 1775.010\38211.5 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 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 60100'00", 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; 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 39'1 9'11 ", 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\38211.5 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 30004'42" 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 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; THENCE continuing along said existing east right-of-way line, and along said non -tangent curve to the right an are 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 55141'04" 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\38211.5 Exhibit D to Special Warranty Deed Permitted Exceptions 1. 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. 3. 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). 5. 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\38211.5 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 1 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\38211.5 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 II 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 Warranted — Page 3 1775.010\38211.5 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\38211.5 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\38211.5