HomeMy WebLinkAboutResolution No. 2017-013CITY OF THE COLONY, TEXAS
RESOLUTION NO. 02-01 7- 0/--->
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING AND APPROVING THE
EXECUTION OF A PRIVATE TRANSFER AGREEMENT (GRA.NT BY
SPECIAL WARRANTY DEED) BY AND BETWEEN THE COLONY
LOCAL DEVELOPMENT CORPORATION AND LMG VENTURES, LLC,
A TEXAS LIMITED LIABILITY COMPANY, CONCERNING THE
CONVEYANCE OF AN APPROXIMATELY 90.147 ACRE TRACT OF
LAND OUT OF LOT 3, BLOCK A, GRANDSCAPE PHASE II ADDITION,
AN ADDITION WITHIN THE CITY OF THE COLONY, DENTON
COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, The Colony Local Development Corporation (hereinafter referred to as the
"LDC") has been created and organized as a public, nonprofit local government corporation
incorporated pursuant to Subchapter D of Chapter 431, Texas Transportation Code, as amended
to aid, assist and act on behalf of the City of The Colony, Texas (hereinafter referred to as the
"City") in the performance of the City's governmental functions; and
WHEREAS, LDC is the sole owner of the approximately 90.147 acres of land subject to
the Private Transfer Agreement (Grant by Special Warranty Deed), a copy of which is attached
hereto as Exhibit A, pursuant to Instrument Numbers 2014-30675, 2014-30676, and 2014-30677
filed and recorded in the Real Property Records of Denton County, Texas; and
WHEREAS, on or about February 21, 2017, the Board of Directors of the LDC approved
the Private Transfer Agreement (Grant by Special Warranty Deed) a copy of which is attached
hereto as Exhibit A, conveying to LMG Ventures, LLC an approximately 90.147 acre tract of
land out of Lot 3, Block A of the Grandscape Phase II Addition, an addition within the City of
The Colony, Denton County, Texas; and
WHEREAS, the form of the Private Transfer Agreement (Grant by Special Warranty
Deed) was approved as part of the bond validation suit styled Ex parte The Colony, in the 53rd
Judicial District Court, Travis County, Texas, Cause No. 0 -1 -GV -1 1-00 1995, decided January
18, 2012, Trial Exhibit No. 38; and
WHEREAS, the City Council for the City of The Colony, Texas, finds and determines it
is in the best interest of the City of The Colony, Texas, to approve the Private Transfer
Agreement (Grant by Special Warranty Deed) by and between the LDC and LMG Ventures,
LLC, a copy of which is attached hereto as Exhibit A.
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 hereby found to be true and correct findings
of the City and are incorporated into the body of this Resolution as if fully set forth herein.
SECTION 2. The City Council of the City of The Colony, Texas, does hereby approve
and authorize the President of the LDC to execute the Private Transfer Agreement (Grant by
Special Warranty Deed) by and between the I.DC and LMG Ventures, LLC, a copy of which is
attached hereto as Exhibit A, and is incorporated herein for all purposes.
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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE 21" day of February, 2017.
J e McCou ,Mayor
AT T:
OEA
Tina Stewart, City Secretary VED AS TO FORM:
J ff Moore, City)Attorney
Page 2
Recorded On: March 08, 2017 02:49 PM
Total Recording: $78.00
Denton County
Juli Luke
County Clerk
Instrument Number: 27446
Real Property Recordings
DEED
Number of Pages: 14
" Examined and Charged as Follows: "
THIS PAGE IS PART OF THE INSTRUMENT'`*********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
Recorded Date/Time
User:
Station:
27446
20170308000509
March 08, 2017 02:49 PM
Brandy F
Station 25
Record and Return To:
LMG VENTURES LLC
C/O RYAN BLUMKIN -02160
700 S 72 STREET
OMAHA NE 68114
STATE OF TEXAS
COUNTY OF DENTON
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED In the Official Records of Denton County, Texas.
Juli Luke
County Clerk
Denton County, TX
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY :NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
PRIVATE TRANSFER AGREEMENT
(GRANT by SPECIAL WARRANTY DEED)
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
After making findings that this grant is authorized by Texas Tax Code
Section 311.010(h), serves the legitimate public purpose of promoting economic development,
and affords a clear public benefit in terms of both increased tax revenue and job opportunities,
THE COLONY LOCAL DEVELOPMENT CORPORATION, a Texas non-profit corporation
("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
valuable non -monetary consideration in the form of the Additional Consideration (defined
below), the receipt and sufficiency of which consideration are hereby acknowledged to be
adequate, has GRANTED, SOLD, AND CONVEYED, and by these presents does hereby
GRANT, SELL. ANI) CONVEY, unto LMG VENTURES, LLC, a Texas limited liability
company ("CJrantee") having an address of 700 S. 72 Street, Omaha, NE 68114 all that real
property situated in the County of Denton, State of Texas, and more particularly described on
Exhibit "A" attached hereto and made a part hereof for all purposes plus all of Grantor's right,
title and interest in and to (i) all improvements and related amenities located in and on such real
property, (ii) easements, if any, benefiting such real property, (iii) the oil, gas, and other minerals
(and all executory and leasing rights relating thereto) that are in and under such real property and
that may be produced from such real property and (iv) appurtenances, if any, pertaining to such
real property, including any right, title and interest of Grantor in and to: (a) water wells and any
other permits for utilities, drainage and detention rights which serve or which will serve the land
and improvements now or hereafter constructed thereon; (b) any architectural plans and
specifications, surveys, engineering, soils, seismic, geological and environmental reports,
studies, certificates and other technical descriptions applicable to the land and/or improvements;
(c) any warranties, guaranties, indemnities, claims and causes of action, to the extent applicable
to the land and/or improvements; (d) any licenses, permits, governmental approvals, utility
commitments, utility rights, reimbursement rights, development rights or other similar rights;
(e) any rights to credits, refunds, and reimbursements including without limitation any credits
against, or right to pay reduced application fees, permit fees, inspection fees or impact fees
applicable to the land; (f) any rights under zoning cases, preliminary plans, plats, and other
development applications and approvals; and (g) all other development rights, powers,
privileges, options, or other benefits associated with, that pertain to, are attributable to, are
appurtenant to, apply to, or which otherwise directly benefit the land (collectively, the
"Pr" operty").
The "Additional Consideration" for this transfer includes the following grant performance
standards:
I . Grantee's use of the Property increasing the property tax revenues and sales tax
revenues (if Grantee is a retailer) collected by Grantor or the City of The Colony, "Texas, within
Tax Increment Reinvestment Zone Number One, City of The Colony, Texas (the "Zone").
2. On January I of the first calendar year after the Facility defined in the Final
Project and Finance Plan for Tax Increment Reinvestment Zone :Number One, City of The
Colony, Texas, adopted by the Board of Directors of the Zone on November 15, 2011, and
approved by the City Council on November 15, 2011 (the "Project and Finance Plan") is open
for business to the public, TXFM, Inc., a Texas corporation, causing the Facility to provide a
minimum of 850 Full -Time Equivalent Jobs as defined in the Project and Finance Plan. If the
Facility does not provide the required minimum number of Full -Time Equivalent Jobs, the
penalty provisions included in that certain Development and Tax Increment Payment Agreement
approved by Grantor on November 15, 2011, shall apply to TXFM, Inc.
3. This Private Transfer Agreement is made and accepted expressly subject to the
matters set forth on Exhibit "B" attached hereto and made a part hereof for all purposes and
subject to the lien for all ad valorem taxes arising after the date hereof the payment of which
Grantee hereby assumes (collectively, the "Permitted Encumbrances").
TO HAVE AND TO IIOI.D the Property, subject to the Permitted Encumbrances,
together with all and singular the rights and appurtenances belonging in any way to the Property,
unto the said Grantee, its successors and assigns forever, and Grantor binds itself and its
successors and assigns to warrant and forever defend all and singular the Property, subject to the
Permitted Encumbrances, to Grantee, its successors and assigns against every person lawfully
claiming or to claim all or any part of the Property, by, through, or under Grantor, but not
otherwise.
[SIGNATtiRE PAGE FOLLOWS]
Special Warranty Deed Page 2
IN WITNESS WHEREOF, Grantor has executed this Private Transfer Agreement
(Grant by Special Warranty Deed) to be effective as of the 2i s� day of ruq , 2017.
GRANTOR:
THE COLONY LOCAL DEVELOPMENT
CORPORATION,
A Texas non-profit corporation
G
J McCou y, President
ATTEST:
ichard Boyer, Secr ry
APPROVED AS TO FORM:
ff �Oorel
ity Attorney
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on thisz�day of tCb Ybu IN , 2017,
by Joe McCourry, President of The Colony Local Development Corporation, a Texas n6 -profit
corporation, and acknowledged to me t he executed the same for the purposes and
consideration therein expressed on beha 0sid corp do .
C
Notary Public in and for the State of Texas
AFTER RECORDING RETURN TO:
LMG Ventures, LLC
c/o Ryan Blumkin - 02160
700 S 72 Street
Omaha, NE 68114
Special Warranty Deed Page 3
------ 0'0�
`•""" ryti : TINA STEWART
MY COMMISSION EXPIRES
;,t February 14, 2019
Exhibit "A"
Legal Description of the Property
Special Warranty Deed Page 4
EXHIBIT "A"
LEGAL DESCIPTION
BEING a tract of land in the Buffalo Bayou, Brazos & Colorado Railroad Co. Survey,
Abstract No. 174 in the City of The Colony, Denton County, Texas, being a part of that
called 327.285 acre tract of land described in Correction Special Warranty Deed to The
Colony Local Development Corporation, as recorded in County Clerk's Document No.
2014-30677 in the Official Records of Denton County, Texas (O.R.D.C.T.), and being all
of Lot 3, Block A of Grandscape Addition, Phase ll, an addition to the City of The Colony,
Denton County, Texas, as recorded in County Clerk's Document No. 2015-240
O.R.D.C.T., and being more particularly described as follows:
BEGINNING at a point for the north end of the corner clip between the south right-of-
way line of Grandscape Boulevard (variable width right-of-way) and the west right-of-
way line of Destination Drive (variable width right-of-way), from which a 1/2 -inch found
iron rod with plastic cap stamped "GRAHAM ASSOC INC" (hereinafter referred to as
with cap) bears South 12 degrees 47 minutes 33 seconds East, a distance of 0.12 feet;
THENCE South 61 degrees 12 minutes 22 seconds East, along said corner clip, a
distance of 66.47 feet to a 1/2 -inch found iron rod with cap for corner;
THENCE South 16 degrees 12 minutes 22 seconds East, departing said corner clip and
along said west right-of-way line, a distance of 148.00 feet to the point of curvature of a
circular curve to the left, having a radius of 825.00, whose chord bears South 22 degrees
15 minutes 30 seconds East, a distance of 173.97 feet, from which a 1/2 -inch found iron
rod with cap bears South 13 degrees 39 minutes 12 seconds East, a distance of 0.13
feet;
THENCE Southeasterly, continuing along said west right-of-way line and along said
circular curve to the left, through a central angle of 12 degrees 06 minutes 16 seconds,
an arc length of 174.29 feet to a 1/2 -inch found iron rod with cap for corner;
THENCE South 28 degrees 18 minutes 38 seconds East, continuing along said west
right-of-way line, a distance of 100.00 feet to the point of curvature of a circular curve to
the right, having a radius of 755.00, whose chord bears South 06 degrees 15 minutes
30 seconds East, a distance of 566.93 feet, from which a 1/2 -inch found iron rod with
cap bears South 05 degrees 18 minutes 27 seconds East, a distance of 0.15 feet;
THENCE Southeasterly, continuing along said west right-of-way line and along said
circular curve to the right, through a central angle of 44 degrees 06 minutes 16 seconds,
an arc length of 581.17 feet to a point for corner, from which a 1/2 -inch found iron rod
with cap bears South 24 degrees 16 minutes 42 seconds East, a distance of 0.13 feet;
1of6
THENCE South 15 degrees 47 minutes 38 seconds West, continuing along said west
right-of-way line, a distance of 731.40 feet to a 1/2 -inch found iron rod with cap for the
point of curvature of a circular curve to the right, having a radius of 770.00 feet, whose
chord bears South 38 degrees 34 minutes 34 seconds West, a distance of 596.33 feet;
THENCE Southwesterly, continuing along said west right-of-way line and along said
circular curve to the right, through a central angle of 45 degrees 33 minutes 52 seconds,
an arc length of 612.34 feet to a 1/2 -inch found iron rod with cap for corner;
THENCE South 61 degrees 21 minutes 25 seconds West, continuing along said west
right-of-way line, a distance of 100.00 feet to a 1/2 -inch found iron rod with cap for the
point of curvature of a circular curve to the left, having a radius of 840.00 feet, whose
chord bears South 52 degrees 55 minutes 57 seconds West, a distance of 250.11 feet;
THENCE Southwesterly, continuing along said west right-of-way line and along said
circular curve to the left, through a central angle of 17 degrees 07 minutes 25 seconds,
an are length of 251.04 feet to a found X -cut for the common southeast corner of said
Lot 3, Block A and the northeast corner of Lot 1, Block A of Grandscape Addition Lots 1
and 2, Block A, an addition to the City of The Colony, Denton County, Texas, as recorded
in County Clerk's Document No. 2015-38 O.R.D.C.T.;
THENCE North 45 degrees 37 minutes 45 seconds West, departing said west right-of-
way line and along the common line between the south line of said Lot 3, Block A and
the north line of said Lot 1, Block A, a distance of 369.47 feet to a point for corner;
THENCE North 90 degrees 00 minutes 00 seconds West, continuing along said common
line, a distance of 1,487.87 feet to a point for the southwest corner of said Lot 3, Block
A;
THENCE North 00 degrees 00 minutes 00 seconds East, departing said common line
and along the common line between the west line of said Lot 3, Block A and the north
line of said Lot 1, Block A, a distance of 80.06 feet to a point for corner;
THENCE North 22 degrees 25 minutes 10 seconds West, continuing along said common
line, a distance of 224.05 feet to a point for corner;
THENCE North 60 degrees 00 minutes 00 seconds West, continuing along said common
line, a distance of 71.16 feet to a point for corner on the east line of Lot 2, Block A of
said Grandscape Addition;
THENCE North 30 degrees 00 minutes 00 seconds East, departing said common line
and along the common line between the west line of said Lot 3, Block A and the east
line of said Lot 2, Block A, a distance of 461.51 feet to the point of curvature of a circular
curve to the left, having a radius of 118.50, whose chord bears North 15 degrees 00
minutes 00 seconds East, a distance of 61.34 feet;
2 of 6
THENCE Northeasterly, continuing along said common line and along said circular curve
to the left, through a central angle of 30 degrees 00 minutes 00 seconds, an arc length
of 62.05 feet to a point for corner;
THENCE North 00 degrees 00 minutes 00 seconds East, continuing along said common
fine, a distance of 33.27 feet to a point for the common northwest corner of said Lot 3,
Block A and the northeast comer of said Lot 2, Block A, being on the south right-of-way
line of Grandscape Boulevard (variable width right-of-way);
THENCE North 90 degrees 00 minutes 00 seconds East, departing said common line
and along said south right-of-way line, a distance of 13.58 feet to the point of curvature
of a circular curve to the left, having a radius of 524.00 feet, whose chord bears North
75 degrees 35 minutes 14 seconds East, a distance of 260.85 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the left, through a central angle of 28 degrees 49 minutes 33 seconds,
an arc length of 263.63 feet to a point for corner;
THENCE North 61 degrees 10 minutes 28 seconds East, continuing along said south
right-of-way line, a distance of 413.11 feet to the point of curvature of a circular curve to
the left, having a radius of 544.00 feet, whose chord bears North 46 degrees 44 minutes
06 seconds East, a distance of 271.30 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the left, through a central angle of 28 degrees 52 minutes 43 seconds,
an arc length of 274.19 feet to a 1/2 -inch found iron rod with cap for corner;
THENCE South 57 degrees 42 minutes 16 seconds East, continuing along said south
right-of-way line, a distance of 21.00 feet to the point of curvature of a circular curve to
the left, not being tangent to the preceding course, having a radius of 565.00 feet, whose
chord bears North 29 degrees 56 minutes 17 seconds East, a distance of 46.48 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the left, through a central angle of 04 degrees 42 minutes 55 seconds,
an arc length of 46.50 feet to a 1/2 -inch found iron rod with cap for corner;
THENCE North 27 degrees 34 minutes 49 seconds East, continuing along said south
right-of-way line, a distance of 90.24 feet to the point of curvature of a circular curve to
the right, having a radius of 1,185.00, whose chord bears North 29 degrees 30 minutes
09 seconds East, a distance of 79.49 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the right, through a central angle of 03 degrees 50 minutes 39 seconds,
an arc length of 79.51 feet to a point for corner;
3of6
THENCE North 59 degrees 32 minutes 33 seconds West, continuing along said south
right-of-way line, a distance of 21.00 feet to the point of curvature of a circular curve to
the right, not being tangent to the preceding course, having a radius of 1,206.00 feet,
whose chord bears North 57 degrees 31 minutes 28 seconds East, a distance of
1,061.77 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the right, through a central angle of 52 degrees 14 minutes 01 second,
an arc length of 1,099.45 feet to a 1/2 -inch found iron rod with cap for corner;
THENCE North 83 degrees 38 minutes 28 seconds East, continuing along said south
right-of-way line, a distance of 105.94 feet to the point of curvature of a circular curve to
the left, having a radius of 1,044.00 feet, whose chord bears North 82 degrees 05
minutes 10 seconds East, a distance of 56.66 feet, from which a 1/2 -inch found iron rod
with cap bears South 37 degrees 48 minutes 26 seconds East, a distance of 0.13 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the left, through a central angle of 03 degrees 06 minutes 37 seconds,
an arc length of 56.67 feet to the point of curvature of a circular curve to the right, having
a radius of 497.00 feet, whose chord bears North 80 degrees 55 minutes 24 seconds
East, a distance of 6.81 feet, from which a 1/2 -inch found iron rod with cap bears South
61 degrees 11 minutes 23 seconds East, a distance of 0.17 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the right, through a central angle of 00 degrees 47 minutes 05 seconds,
an arc length of 6.81 feet to a point for corner, from which a 1/2 -inch found iron rod with
cap bears South 01 degree 55 minutes 18 seconds West, a distance of 0.14 feet;
THENCE North 81 degrees 18 minutes 57 seconds East, continuing along said south
right-of-way line, a distance of 116.02 feet to the point of curvature of a circular curve to
the left, having a radius of 253.00, whose chord bears North 77 degrees 33 minutes 17
seconds East, a distance of 33.19 feet, from which a 1/2 -inch found iron rod with cap
bears South 11 degrees 24 minutes 25 seconds West, a distance of 0.21 feet;
THENCE Northeasterly, continuing along said south right-of-way line and along said
circular curve to the left, through a central angle of 07 degrees 31 minutes 19 seconds,
an arc length of 33.21 feet to a point for corner;
THENCE North 73 degrees 47 minutes 38 seconds East, continuing along said south
right-of-way line, a distance of 99.50 feet to the POINT OF BEGINNING AND
CONTAINING 3,926,803 square feet or 90.147 acres of land, more or less.
4 of 6
SAVE AND EXCEPT:
BEING a tract of land in the Buffalo Bayou, Brazos & Colorado Railroad Co. Survey,
Abstract No. 174 in the City of The Colony, Denton County, Texas, being a part of that
called 327.285 acre tract of land described in Correction Special Warranty Deed to The
Colony Local Development Corporation, as recorded in County Clerk's Document No.
2014-30677 in the Official Records of Denton County, Texas (O.R.D.C.T.), and being a
part of Lot 3, Block A of Grandscape Addition, Phase II, an addition to the City of The
Colony, Denton County, Texas, as recorded in County Clerk's Document No. 2015-240
O.R.D.C.T., and being more particularly described as follows:
COMMENCING from a point for the north end of the corner clip between the south right-
of-way line of Grandscape Boulevard (variable width right-of-way) and the west right-of-
way line of Destination Drive (variable width right-of-way), from which a 1/2 -inch found
iron rod with plastic cap stamped "GRAHAM ASSOC INC" bears South 12 degrees 47
minutes 33 seconds East, a distance of 0.12 feet;
THENCE South 49 degrees 13 minutes 14 seconds West, departing said corner clip, a
distance of 904.69 feet for the POINT OF BEGINNING;
THENCE South 53 degrees 17 minutes 17 seconds East, a distance of 251.86 feet to a
point for corner;
THENCE North 36 degrees 42 minutes 43 seconds East, a distance of 45.05 feet to a
point for corner;
THENCE South 53 degrees 17 minutes 17 seconds East, a distance of 114.22 feet to a
point for corner;
THENCE South 36 degrees 42 minutes 43 seconds West, a distance of 45.13 feet to a
point for corner;
THENCE South 53 degrees 17 minutes 17 seconds East, a distance of 154.25 feet to a
point for corner;
THENCE South 36 degrees 42 minutes 43 seconds West, a distance of 95.43 feet to a
point for corner;
THENCE North 53 degrees 17 minutes 17 seconds West, a distance of 25.00 feet to a
point for corner;
THENCE South 36 degrees 42 minutes 43 seconds West, a distance of 205.75 feet to
a point for corner;
5of6
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Exhibit "B"
Exhibit B - To include those exceptions listed on Schedule B of the Owner's Title Commitment
plus the following exceptions:
Those rights recorded against the Property to secure performance of the public entities under
certain economic incentive agreements, including rights under any (a) covenants, conditions and
restrictions; (b) easements; (c) transfer documents that include a determinable interest, reversion
or other similar right; or(d) a deed of trust to secure performance.
In order to ensure that there are adequate public controls in place to ensure that the grant
performance standards set out in the Project and Finance Plan are satisfied, the public purpose is
accomplished and to protect the public's investment, to the extent bond proceeds financed the
acquisition by the City of the Property or the improvements the City constructed on such
Property, the land and improvements are restricted to uses consistent with those identified in the
documents authorizing the issuance of such bonds (e.g., if bond proceeds constructed a
warehouse/distribution facility located on the Property, then the Property may only be used for
warehouse/distribution uses for so long as such bonds remain outstanding). Once such bonds are
paid, this restriction shall automatically terminate. Evidence of payment of such bonds may be
recorded by Grantee in the Denton County deed records.
Special Warranty Deed Page 13