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Home My WebLink AboutResolution No. 05-62 CITY OF THE COLONY, TEXAS RESOLUTION NO. o5-~;L A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPER'S AGREEMENT WITH PULTE HOMES OF TEXAS, L.P.; ATTACHING THE APPROVED FORM OF CONTRACT AS EXHIBIT A; AND PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas, hereby approves the Developer's Agreement with Pulte Homes of Texas, L.P. that includes the following: Undertaking of Developer . Provide the required utility and temporary construction easements through their property in the city of Frisco at no cost to the city . Provide water and wastewater services to the development north of Wynnwood Peninsula (Del Webb Colony Tract) at their expense from the city of Frisco . Maintain access to Hidden Cove Park via Stonebrook Parkway Undertaking of the City . Abandon Hackberry Road (upon completion of construction and opening to the public of the new Stonebrook Parkway) . Not enforce the Certificate of Convenience and Necessity (CCN) on the Del Webb Colony Tract Section 2. That a true and correct copy of the Agreement is attached hereto and incorporated herein. Section 3. That the city manager is authorized to enter into this Agreement. Section 4. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 11 th day of July, 2005. ~ ~~W~ C she WIlson, TRMC, CIty Secretary APPz$.T FO~: It '1411. 't ~ Robert E. Hager, Ci STATE OF TEXAS S S DEVELOPMENT AGREEMENT COUNTY OF DENTON S PREAMBLE This Development Agreement (this "Agreement") is hereby entered into by and between the CITY OF THE COLONY, TEXAS (the "City"), a home rule municipality organized under the laws ofthe State of Texas and PULTE HOMES OF TEXAS, L.P., a Texas Limited Partnership, by and through PNI, Inc., a Nevada Corporation, the General Partner ofPulte Homes of Texas, L.P., (the "Developer") acting by and through their duly authorized representatives (collectively, the "Parties"). WHEREAS, the Developer seeks to develop approximately 24 acres within the City (the "Del Webb Colony Tract") as part of a larger subdivision referred to as Frisco Lakes by Del Webb, as depicted on that certain Concept Plan, prepared by SEC Planning Consultants (the "Concept Plan"), dated September 24,2004, attached hereto as Attachment 1 and incorporated herein by reference; and WHEREAS, the Developer has agreed to construct, and will construct, Stonebrook Parkway with final design as a concrete, four-lane (at a minimum), divided urban thoroughfare, to provide access to and for the Del Webb residential subdivision; and WHEREAS, in consideration therefore, the Developer has requested that the City discontinue, abandon and close that portion of Hackberry Road located within the municipal boundaries of the City; and WHEREAS, Stonebrook Parkway when completed by the Developer will, through connections with other thoroughfares, provide alternate access to Hidden Cove Park and other portions ofthe City previously provided by that portion of Hackberry Road to be abandoned, closed and discontinued; and WHEREAS, the City wishes to provide certain water and wastewater utility service to the area generally described as the Wynwood Peninsula, within the City limits, the access to which will be facilitated by the Developer granting to the City a permanent easement for the location of water and wastewater utility infrastructure illtility System) and a temporary construction easement to facilitate the installation of said Utility System; WHEREAS, Pulte desires approval from the City of a preliminary plat of the Del Webb Colony Tract (the "Preliminary Plat"); and WHEREAS, the Parties do mutually agree and consent to enter into this Agreement pursuant to Chapter 212, TEX. LOCAL GOV'T CODE for the mutual benefit and advantage of the Parties. 1 ::ODMA \PCDOCS\SP3\782361 \3 Last Revised: 7/07/05 782361.3/SP3/13152/0Ioo/071205 NOW, THEREFORE, the City and the Developer for and in consideration of the premises and the mutual covenants set forth in this Agreement and pursuant to the authority granted by the governing bodies or authorized representative of each of the Parties, do hereby agree as follows: ARTICLE 1 INCORPORATION OF RECITALS All matters and recitations stated in the Preamble to this Agreement are true and correct and are hereby incorporated by reference into the provisions ofthis Agreement as an expression of intent and as an aid to construction. ARTICLE 2 PURPOSES OF THIS AGREEMENT The purpose of this Agreement is to acknowledge mutual responsibilities and rights by and between the Parties as it relates to (i) the conveyance ofthe Easements (as defined in Section 4.7) by the Developer to the City for the benefit of the City, (ii) the Abandonment (as defined in Section 5.1) by the City, and (iii) other mutually beneficial acts. ARTICLE 3 TERM OF THE AGREEMENT The Agreement shall be effective as of the date of the last signature of the Parties hereto and shall continue in full force and effect until each of the Parties has fully satisfied the terms and conditions set forth in this Agreement unless sooner terminated by mutual written agreement of the City and the Developer. ARTICLE 4 UNDERTAKING OF THE DEVELOPER 4.0 The Developer agrees to construct a municipal thoroughfare from Farm to Market Road 423 (pM 423), generally in a westerly direction, to an intersection with Rose Lane, which municipal thoroughfare shall be designated as Stonebrook Parkway. Stonebrook Parkway will be generally located as depicted on the Concept Plan and more particularly described and depicted on the "Final Plat of Stone brook Parkway" (Nov. 2004) attached hereto as Attachment ~ and incorporated herein for all purposes. 4.1 Stonebrook Parkway shall be designed as a dedicated, four-lane, concrete, divided, curb and gutter, urban thoroughfare built to applicable City of Frisco, Texas standards. 4.2 Stonebrook Parkway shall (i) initially be a two-lane, concrete, curb and gutter thoroughfare (the "Initial Roadway") which will be open to traffic from FM 423 westerly to Rose Lane and (ii) be accepted as a municipal thoroughfare on or before September 1, 2005. Notwithstanding the foregoing, any ceremonial opening or other non-substantive events 2 ::ODMA \PCDOCS\SP3\782361 \3 Last Revised: 7/07/05 782361.3/SP3/13152/0 1 00/071205 scheduled prior to completion of the Initial Roadway to permit traffic to travel from FM 423 westerly to Rose Lane shall not be considered completion ofthe Initial Roadway. 4.3 The Developer agrees to dedicate sufficient right-of-way for the said Stonebrook Parkway, that when finally constructed to applicable City of Frisco standards, it will be a four- lane, divided, concrete, curb and gutter urban thoroughfare, meeting applicable City of Frisco standards. 4.4 The Developer agrees that subsequent to the Abandonment (as defined below in Section 5.1), the Developer will barricade, consistent with applicable safety requirements promulgated by the Texas Department of Transportation, and the Manual on Uniform Traffic Control Devices for Streets and Highways, the designated portion of Hackberry Road when Stonebrook Parkway is open to traffic. 4.5 The Developer agrees that it will, subsequent to barricading Hackberry Road, demolish and remove the road surface of Hackberry Road within the abandoned, closed and discontinued area. Removal ofthe road material will be the sole responsibility of the Developer. Said area is then to be developed consistent with Developer's approved development plan as specified in the City of Frisco Development Ordinance 05-05-34. To the extent not in conflict with such City of Frisco Development Ordinance 05-05-34 or the Developer's intended development, the Developer agrees that it will use its best efforts to contour and grade said area consistent with adjacent elevations in order to show that said area is no longer a road surface. Additionally, the Developer shall revegitate, reseed or otherwise conform said area to applicable requirements under the Texas Pollution Discharge Elimination Systems' General Permit No. TXR150000 for Storm Water Discharges from Construction Sites ("General Permit"). 4.6 The Developer agrees that it will obtain any water or wastewater service for that portion of the Del Webb Colony Tract within the City boundaries as depicted on the Concept Plan, from either the City of Frisco, or other sources, and will make no demand upon the City for the provision of said services. 4.7 The Developer shall execute on or before July 10, 2005, (i) the Permanent Easements attached hereto as Attachment 3, for .299 acres as described in Exhibit A thereto and depicted in Exhibit B thereto and Attachment 4 for 2.378 acres as described in Exhibit A thereto and depicted in Exhibit B thereto (collectively, the "Permanent Easements") and (ii) Temporary Construction Easements for 5.196 acres attached hereto as Attachments 5A. 5B. 5C, and 5D described in Exhibit A thereto and depicted in Exhibit B thereto in each respective attachment (the "Temporary Construction Easements"; the Temporary Construction Easements and the Permanent Easements are hereinafter collectively referred to as the "Easements"). Developer shall record the Easements in the Denton County, Texas Real Property Records on or before the expiration of three (3) business days following the Abandonment (as defined below in Section 5.1). Developer shall not be required to release the Easements to the City prior to recordation as described above. 3 : :ODMA \PCDOCS\SP3\782361 \3 Last Revised: 7/07/05 782361.3/SP3/13152/0 I 00/071205 4.8 The Developer agrees that it will convey the Easements, to and for the benefit of the City, at no cost to the City. 4.9 The Developer agrees that the City shall be allowed, authorized and permitted to access certain property owned by Developer necessary for the installation of the water and wastewater Utility System in proximity to the western edge of Farm to Market Road 423 pursuant to the terms of a temporary construction easement more particularly described in Attachment 5D hereto. The Permanent Easement associated therewith is more particularly described in Attachment 4 hereto. 4.10 The Developer agrees that it shall construct or cause to be constructed a vegetative buffer area (the "Vegetative Buffer") as located generally adjacent to the northern property boundary ofthe Norman Lang tract (2004-05191 D.R.D.C.T.) as depicted on Attachment 6. The Vegetative Buffer shall be constructed in a manner and using materials and types of vegetation as determined by Developer in its sole and absolute discretion. ARTICLE 5 UNDERTAKING OF THE CITY 5.1 The City agrees that it will abandon, close, and discontinue all ofthe City's right, title and interest in and to Hackberry Road within the municipal boundaries of the City (the "Abandonment"), conditioned upon and within three (3) business days following the completion of the Initial Roadway. The documents effecting the Abandonment shall be subject to the review and comment of the Developer prior to enactment and/or recordation of the Abandonment by the City. 5.2 The formal action of the governing body ofthe City effecting the Abandonment is made specifically contingent upon the prior execution by the Developer of the Easements described in Section 4.7 hereof. 5.3 The City does hereby waive any exclusivity rights, pursuant to a certificate of convenience and the necessity, for either water or wastewater for service in that portion ofthe Del Webb Colony Tract located within the municipal limits ofthe City as depicted on the Concept Plan, and does furthermore agree to permit and allow the provision of utility service within that described territory by others. 5.4 The City shall use its best efforts to timely consider the Preliminary and Final Plat, which the City agrees shall be reviewed in conformance with City standards, and Developer shall, subsequent to approval, have the right to develop the Del Webb Colony Tract in accordance with the Preliminary Plat. 5.5 The City agrees to restore the surface of the Easements to a condition same or substantially similar as existed prior to the installation of the Utility System described herein. ~ 5.6 Nothing contained in this Agreement shall effec~ or be construed to effec~ the icipal boundaries or extraterritorial jurisdiction of the City. 4 ::ODMA \PCDOCS\SP3\ 782361 \3 Last Revised: 7/07/05 782361.3/SP3113 I 52/01 00/071205 ARTICLE 6 ASSIGNABILITY Expect as otherwise provided herein, or except as may be hereafter determined by the Parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement or any of its rights, duties, or obligations hereunder without the prior written consent of the other party. ARTICLE 7 NOTICE Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be (i) by personal delivery, (ii) sent by United States registered or certified mail, return receipt requested, postage prepaid, or (iii) sent by facsimile with a hard copy sent within one (1) business day by United States mail, to: To Developer: To City: Pulte Homes of Texas, LP City of the Colony, Texas Attention : Matt Robinson Attention: City Manager 1234 Lakeshore Drive, Ste. 750A 6800 Main Street Coppell, Texas 75019 The Colony, Texas 75056 (972) 304-2802 (Facsimile) (972) 624-2298 (Facsimile) ARTICLE 8 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the Parties hereto out of or affecting this Agreement, or the rights or obligations ofthe Parties hereunder, unless such waiver or modification is in writing, duly executed. The Parties further agree that the provisions of this Article 8 will not be waived unless as herein set forth. ARTICLE 9 SAVINGS/SEVERABILITY In the event that anyone or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5 ::ODMA \PCDOCS\SP3\782361 \3 Last Revised: 7/07/05 782361.3/SP3/13152/0 1 00/071205 ARTICLE 10 GOVERNING LA W AND VENUE This Agreement shall be construed under and governed by, and in accordance with the laws ofthe State of Texas, and all obligations ofthe Parties hereto, created by this Agreement are performable in Denton County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. ARTICLE 11 ENTIRE AGREEMENT This Agreement and any exhibits which may be attached hereto, constitutes the entire agreement among the Parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the Parties with respect to the subject matter hereof. No amendment, modification, cancellation or alteration of the terms of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the Parties hereto. ARTICLE 12 WAIVER OF TERMS AND CONDITIONS The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. ARTICLE 13 AUTHORITY OF PARTIES This Agreement is made by and entered into by a duly authorized official of the City and a duly authorized representative of the Developer. ARTICLE 14 CAPTIONS The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. ARTICLE 15 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] 6 ::ODMA \PCDOCS\SP3\782361 \3 Last Revised: 7/07/05 782361.3/SP3/13152/01oo/071205 I I I I I 1 SEPARATE SIGNATURE PAGE OF DEVELOPER I I i 1'- Juir. 1 I EXECUTED on this the _ day of p.me: 2005. i I AddressffelcDhoneIFax: DEVELOPER: I i Pulte Homes of Texas, L.P. PULTE HOMES OF TEXAS, L.P., I 1234 Lakeshore Drive, Suite 750A a Texas limited partnership i Coppell, Texas 75019 i I Telephone: (972) 304-2800 BY: PNI, INC., ! i Telecopy: (927) 304-2802 a Nevada corporation i I its General Partner I 1 I I j I By: I Name: I Title: I I I I STATE OF TEXAS ~ I COUNTY OFf, r' ({J.J-+ ~ ! ~ i ! i BEFORE ME, the undersigned authority, {l Notary Public in and for said State, on this , I day personally appeared i, L (,J:u-d lJ) 1-- ' the I ofPNI, INC., a Nevada corporation, the General Partner of i PULTE HOMES OF TEXAS, L.P., a Texas limited partnership, known or proved to me on I satisfactory evidence to be the person and officer whose name is subscnoed to the foregoing I I instrument, and acknowledged to me that he/she executed the same for the purposes and i i consideration therein expressed and in the capacity therein stated, on behalf of such corporation i and partnership. I I 1 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7ff~ay of July, 2005. i I i STAMP, PRINT OR TYPE I i NOT ARY'S NAME AND DATE ;;rL1~ W-UO I ~ I COMMISSION EXPIRES: "-- i Notary PubEc in and for the Sta e of Texas l I i \\l!U,,,, i l~;"" JULIE W. CLAYTON I .. .""'~ . I ~ : ": I Notary Pubtic, State of Texas ! ~ .,~ My Commission Expires t 'f.A{,\~t,~ October 12, 2008 I ! i i I 7 I I ::ODMA \PCDOCS\SP3\782361\2 I I Last Revised: 7/07/05 I 782361.2ISP3I\J\ S2/0 1001070705 I I I ; SEPARATE SIGNATURE PAGE OF THE CITY EXECUTED on this the I 3--day of June, 2005. Address/T elephone/Fax: THE CITY OF THE COLONY: City ofthe Colony, Texas 6800 Main Street The Colony, Texas 75056 <8~ elL Telephone: (972) 624-3105 By: Name: Dale Cheatham Title: City Manager, The Colony STATE OF TEXAS S S COUNTY OF DENTON S BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared Dale Cheatham, the City Manager of the CITY OF THE COLONY known or proved to me on satisfactory evidence to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -1l:- day of June, 2005. STAMP, PRINT OR TYPE Cd~~~f~i~ NOTARY'S NAME AND DATE COMMISSION EXPIRES: ;r;.;.:.).' '1;\\11111/ ,'" f\:" p(.:#, to:.";........~<\ CHRiSTIE tiEU WILSON :: ~ ( * i Z :: NOBlY Public. State of Texas ;;,;.~~....~~+:i My Commission Expires 11-22-05 "II,~i,\\\.' 8 ::ODMA \PCDOCS\SP3\782361 \3 Last Revised: 7/07/05 782361.3/SP3/13152/0100/071205 i I ------- I :., ImOl1 I ~ i ~~u~~ . I ii~@1 ><K"i~ iiilil ; F~ I ~ ~ 1,111 I ti. ('l." i .' .:S! ~ I i !~, f ~ ~ j r :::. m i f~ -':r I 8s~~!:e !:H!!;~ I . :> 0 I ' J g ~ i S usn uuu~ ::l '" ~ Q i'I . iff' ~ I ; U~U j I a ~ ~ I i i ilUiH!~ j ~. I ~U5U i '~~Sfi I I I j i I 0 m r ~ m OJ OJ () tu 0 .".... Z ;!!r 0 lIlo m .Pz ~ ~~ 'tJ > ~ z ;0 ~ z 0 ::I: till Ii;' ~ 0) h.h u r If' .. . hIli r:r n!ll!i r Bfh ~ A TT ACHMENT 1 JIU f I I il ~ m I ! , . . I I I ! I , I ~. j ~w ! I -0'1 ' ~ 1. , - ~ I .".., 'U. __ " '4'' . > I "."'" "'q, 'I I ."'~" I" , ..;:.. "'"., """ ,.-,.1: I . ",.. ,'.. . -~., .~ . . , I · '. .... >"'~ ' . .N '''. _ __ . . .. ..;:', ~';''''' .'.-.. '. , . , I ' .,,1 ..,., . + , ' T . .~ I ' 'V , . , r I i I ~ I . . - I ----- I ~~- I ! J_ , -,. , . -- . , · - --=- · i .. , o -- ,.., ..., -. I I . ",. .".,.. , I' . 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I I CITY OF mE COLONY I UTILITY EASEMENT I I THE STATE OF TEXAS ~ I ~ KNOW ALL MEN BY mESE PRESENTS ! i COUNTY OF DENTON ~ I I That, PULTE HOMES OF TEXAS, L.P., a Texas limited partnership, GRANTOR herein, for and in. I consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby I grant, sell and convey unto the said GRANTEE a permanent and perpetual non-exclusive thirty foot (30') pennanent utility easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, I removing, and operating utility facilities, pipelines, fittings, connections, valves, pumps and all structures or equipment I necessary or ancillary to water and sewer utility operations (the "Facilities") in, into, upon. over, across, under and I I through all that certain 0.299 acres in Denton County, Texas descn'bed in Exht'bit "A" and shown on Exhibit "B" I attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such purposes. I Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be I erected, placed or constructed in, into, upon. over, across or under the permanent easement granted herein any I temporary or permanent structures, and it is further agreed that GRANfEE shaI1 have the right to excavate and fill upon I I said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as I I may now be found upon said pennanent easement. t I I , I It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and I forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the I rights and privileges granted therein are non-exclusive. TO HAVE AND TO HOLD the above descn'bed permanent non-exclusive easement with the right of ingress and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, successors and f assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, I against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under I GRANTOR, but not otherwise. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real I Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, ! and/or zoning, platting or other governmental requirements that affect the land. Notwithstanding any provision herein I I to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, I replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land r descn'bed herein, provided that such installation, repair, maintenance, alteration, replacement, relocation or operation l does not interfere with any drainage or utility facilities within the permanent easement and is performed in accordance f with all ordinances and regulations of GRANTEE. t ! I IN WITNESS WHEREOF, this instrument is executed this _ day of July, 2005. f ! GRANTOR: i I I PULTE HOMES OF TEXAS, L.P., a , f Texas limited partnership I t By: PNI Inc., its General Partner I j 1 I By: I Name: I Title: I ATTACHMENT 3 ! 782228.2ISP3I13152101 021070705 i I I I I ! I ! i I I I ACKNOWLEDGMENT STATE OF TEXAS ~ ~ I COUNlY OF ~ I BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared , the of PNI, INC., a Nevada corporation, the General Partner of PULTE HOMES OF 1 TEXAS, L.P., a Texas limited partnership, known or proved to me on satisfactory evidence to be the person and officer I whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the I I puxposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and I I partnership. I GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2005. STAMP, PRINT OR TYPE NOTARY'S NAME AND DATE COMMISSION EXPIRES: I Notary Public in and for the State of Texas I I I I ! I , I i , ! I I I I I I I I I I ! I I I , I I I I ! f I ! ; I 782228.2ISP3I13152101 021070705 f I I j I ! I ! ! G .' .. '=' i I I j I I i I EXHIBIT "A" I 30 FOOT WIDE UTILITY I EASEMENT WHEREAS, PULTE HOMES OF TEXAS, L.P., A TEXAS LIMITED PARlNERSHIP I 1 IS THE OWNER OF A TRACf OF LAND SITUATED IN THE R. DUNLAP I SURVEY, ABSTRACf NUMBER 352, AND THE DAVID E. LAWHORN SURVEY I I ABSTRACf NO. 727, DENTON COUNTY, TEXAS, AND BEING OUT OF AN 87.348 ACRE TRACf OF LAND CALLED TRACT 2 CONVEYED TO PULTE I I HOMES OF TEXAS, L.P., ACCORDING TO THE DEED FILED OF RECORD IN DENTON COUNTY CLERK FILE NUMBER (CC#) 2004-118342, DEED RECORDS OF DENTON COUNTY, TEXAS, (D.R.D.C.T.), AND BEING MORE I PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP I STAMPED "CARTER BURGESS" SET FOR THE SOUTIIWEST CORNER OF SAID TRACT 2, SAME BEING I THE SOUTHEAST CORNER OF LEBANON ROAD RIGHT- OF-WAY(R.O.W.) DEDICATION (VARIABLE WIDTH r R.O.W.), RECORDED IN CC# 2004-61645 D.R.D.C.T., ALSO r BEING IN THE NORTH LINE OF BOYD ACRES I SUBDIVISION, RECORDED IN CABINET 2, PAGE 94 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND AT I THE INTERSECfION OF THE SOUTH R.O.W. LINE OF SAID LEBANON ROAD AND APPROXIMATE CENTER LINE OF KRUGER LANE( A VARIABLE WIDTH PERSCRIPTIVE R.O.W.); I THENCE N 06017'46" W, ALONG THE WEST LINE OF SAID TRACT 2, f AND THE COMMON EAST LINE OF SAID OF LEBANON / ROAD, A DISTANCE OF 30.14 FEET TO A POINT FOR i I CORNER AT THE APPROXIMATE NORTH R.O.W. LINE OF ! SAID KRUGER LANE; i I i THENCE N 89015'11" E, OVER AND ACROSS SAID TRACT 2, A i f DISTANCE OF 431.32 FEET TO A POINT FOR CORNER; I t i I THENCE S 36032'49" E, CONTINUING OVER AND ACROSS SAID ! I TRACT 2 AND OVER AND ACROSS SAID KRUGER LANE A I I DISTANCE OF 36.99 FEET TO A POINT FOR CORNER IN I THE SOUTH LlNE OF SAID TRACf 2 AND IN THE I APPROXIMATE CENTER OF SAID KRUGER LANE, SAME I POIN!' BEING IN THE COMMON NORTH LINE OF A TRACT j OF LAND DESCRIBED IN DEED TO NORMAN LANG, i f PATRICIA LANG AND JENNIFER LANG, RECORDED IN I i I i I Page 1 of3 ! I:\SLD\LONEST AR\02292904\sdata\TR12EXOI.doc i ! , I I I I I ! ! i I I I c " . r;, I I I CC# 2004-85191 D.R.D.C.T. (HEREIN AFfER REFERRED TO I j AS THE LANG TRACT); I J 1 THENCE S 89015'11" W, ALONG THE SOUTH LINE OF SAID TRACT 2 i AND ALONG THE APPROXIMATE CENTER LINE OF SAID I I KRUGER LANE AND THE COMMON NORTH LINES OF I SAID LANG TRACT, A TRACT OF LAND DESCRIBED IN DEED TO ATHALEA LANE, RECORDED IN VOLUME 4980, I I PAGE 00077 DR.D.C.T. AND SAID BOYD ACRES I SUBDNISION RESPECTNELY, A DISTANCE OF 443.80 I ! FEET TO THE POINT OF BEGINNING, AND CONTAINING i 0.299 ACRES OF LAND, MORE OR LESS, ACCORDING TO THE EXHIBIT OF EVEN DATE HEREWITH, ATIACHED HERETO, AND MADE A PART HEREOF. ! i I ! i I I ! i i I I I f I I I I I ! I ! 1 t I I I ! I ! I ! i I ; i ! I ! j I i I l I I I I I Page 2 of3 ! I:\SLD\LONEST AR\02292904\sdata\1R12EXOl.doc ! i i ! f ; 1 I -- I I i I I 6 I / I BLOCK i ! i I I I SCALE: I' = 200' i I i 2 3 PROPOSED NOTE: SEE ATTACHED FIELD NOTE I DESCRIPTION I 10 PROPOSED DEVELOPMENT i I .1 c t '( IJ,toll TRACT 2 I uo.n PULTE HOMES OF TEXAS, L.P. I 13 CCI 2004-118342 I 12 PROPOSED 50' D.R.C.C.T. ; I TEMPORARY KRUGER LANE [ CONSTRUCTION REVE TED PERSCRIPTIVE R.O.W. I EASEMENT TRACT G-620-4E -1--f----- CIVil NO. 961 1L2 L3 R.P.R.D.C.T. I 20' R. O. W. DEDICATION i BY BOYD ACRES PLAT I I I KRUGER LANE I 10 9 I VARIABLE WIDTH PERSCRIPTIVE R.O.W. I O~299/ ACRE NORMAN LANG, I~ PATRICIA LANG AND I JENNIFER LANG & CCI 2004-85191 !to D.R.D.C.T. S~~. ~R~tr SU1t~f,"'i g .0' oQ' ~ ~O:! L!\~\1.01t~ 127 ~'I . ~J 'D~ V:S't1t!\C'f ~ . 0' z ~ ::; ,..1 I ~I LEGEND ::> R.P.R.D.C.T. - REAL PROPERTY RECORDS I Vl DENTON COUNTY. TEXAS P.R.D.C.T. - PLAT RECORDS DENTON I COUNTY, TEXAS [ D.R.D.C.T. - DEED RECORDS DENTON COUNTY, TEXAS W IRF - IRON ROO FOUND I R.O.W. - RIGHT-OF-WAY (CM) - CONTROLUNG MONUMENT I DATE: 06/01/05 Carter::Burgess 1 30' WIDE UTILITY I SHEET SCIIl.E: I" - 200' f EASEMENT CARTER " BURGESS, INC. I ORAWN BY: T_ COSSETT OUT OF THE 7950 EUlBROOK ~ SUIlE 2SO I 3 OF 3 R. DUNlAP SURVEY SURVEY ABSTRACT NO. 352 I:WlAS. 1X 75247-4961 I CHECKED BY: S. PATTON DAVID LAWHORN SURVEY SURVEY ABSTRACT NO. 727 (214) 638-014$ I IN DENTON COUNTY. TEXAS I 1:\SLD\LONESTAR\02292904 \GRA\ TR 12EX01.DWG i r , i ! l I t ! j i I I CITY OF TIlE COLONY ! UTIUTY EASEMENT I i I i THE STATE OF TEXAS ~ i ~ KNOW ALL MEN BY THESE PRESENTS I COUNIY OF DENTON ~ I That, PULTE HOMES OF TEXAS, L.P., a Texas limited partnership, GRANTOR herein, for and in ! I consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF TIlE ! COLONY, a home rule municipal corporation of the Cormty of Denton State of Texas, GRANTEE herein, the receipt i and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby I grant, sell and convey unto the said GRANTEE a pennanent and perpetual non-exclusive thirty foot (30') permanent utility easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, I removing, and operating utility facilities, pipelines, fittings, connections, valves, pumps and all structures or equipment necessary or ancillary to water and sewer utility operations (the "Facilities") in, into, upon, over, across, rmder and i through all that certain 2.378 acres in Denton Cormty, Texas described in Exlu'bit nA" and shown on Exhibit "Bn attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such pmposes. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the permanent easement granted herein any temporary or permanent structures, and it is fiuther agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement It is further intended that the permanent easement herein granted to the GRANTEE shall run with the land and I forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. f I TO HA VB AND TO HOlD the above described permanent non-exclusive easement with the right of ingress I and egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto I GRANTEE, its successors and assigns, forever, and GRANTOR does hereby bind himself, his heirs, successors and ! assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, i against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under I GRANTOR, but not otherwise. This grant of easement is made expressly subject to (i) any and all easements, i rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real I I Property Records or which an on-the-ground inspection would reveal, and (it) any encroachments, protrusions, taxes, I and/or zoning, platting or other governmental requirements that affect the land Notwithstanding any provision herein I I to the contrary, GRANTOR reserves for itself, its successors and assigns, the right to install, repair, maintain, alter, replace, relocate and operate utilities, driveways and parking areas in, into, upon, over, across and under all land f descnbed herein, provided that such installation, repair, maintenance, alteration, replacement, relocation or operation I does not interfere with any drainage or utility facilities within the permanent easement and is performed in accordance with all ordinances and regulations of GRANTEE. I I IN WITNESS WHEREOF, this instrument is executed this _ day of July, 2005. I GRANTOR: I PULTE HOMES OF TEXAS, L.P., a I i Texas limited partnership I I By: PNI, Inc., its General Partner i I By: ! Name: Title: ! I ! I ATTACHMENT 4 I I 782227.21SP311315210102l070705 I f I , I f I I I ACKNOWLEDGMENT I I STATE OF TEXAS ~ S COUNTY OF ~ BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared , the I of PNI, INC., a Nevada corporation, the General Partner of PULTE HOMES OF I TEXAS, L.P., a Texas limited partnership, known or proved to me on satisfactory evidence to be the person and officer whose name is subscnbed to the foregoing instrument, and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and 1 partnership. I GWEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2005. STAMP, PRINT OR TYPE NOTARY'S NAME AND DATE COMMISSION EXPIRES: Notary Public in and for the State of Texas i I I t i I i I I I f I ! I I ! r I ! I ! I I I I i I , I I I I I ! 782227.21SP3I1315210102l070705 I ! i ! i I I &:: ~ I I i 1 I , I EXHIBIT "A" I I 30 FOOT WIDE UTILITY I EASEMENT I WHEREAS, PULTE HOMES OF TEXAS, L.P., A TEXAS LIM:ITED PARTNERSHIP IS THE OWNER OF A TRACT OF LAND SITUATED IN THE DAVID E. I LAWHORN SURVEY ABSTRACT NO. 727, DENTON COUNTY, TEXAS, AND BEING OUT OF AN 87.348 ACRE TRACT OF LAND CALLED TRACT 2 CONVEYED TO PULTE HOMES OF TEXAS, L.P., ACCORDING TO THE DEED FILED OF RECORD IN DENTON COUNTY CLERK FILE NUMBER (CC#) 2004- I 118342, DEED RECORDS OF DENTON COUNTY, TEXAS, (D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORPS OF ENGINEERS MONUMENT FOUND AT AN I ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 2, SAME POINT BEING THE NORTH CORNER OF UNITED STATES OF AMERICA TRACT NO. G-620--5, RECORDED IN I CNIL NO. 961, REAL PROPERTY RECORDS OF DENTON I COUNTY, TEXAS (R.P.R.D.C.T.); ! i I THENCE S 20040'50" W, ALONG THE SOUTH LINE OF SAID TRACT 2, I AND THE COMMON WEST LINE OF SAID TRACf NO. G- i j 620-5, A DISTANCE OF 610.17 FEET TO AN ANGLE POINT I IN THE SOUTH LINE OF SAID TRACT 2 AND THE I I COMMON SOUTHWEST CORNER OF SAID TRACT NO. G- t 620-5, AND IN THE NORTH LINE OF UNITED STATES OF ! AMERICA TRACT NO. G-623, CIVIL NO. 772 R.P.R.D.C.T.; I THENCE S 89015'11" W, ALONG THE SOUTH LINE OF SAID TRACT 2 I I AND THE COMMON NORTII LINE OF SAID TRACT NO. G- o 623, A DISTANCE OF 784.20 FEET TO A POINT FOR CORNER; 1. TIffiNCE OVER AND ACROSS SAID TRACT 2 THE FOLLOWING ! COURSES AND DISTANCES; N 45003'18" E, A DISTANCE OF 43.03 FEET TO A POINT FOR CORNER; I N 89015'11" E, A DISTANCE OF 732.89 FEET TO A POINT ! i FOR CORNER; N 20040'50" E, A DISTANCE OF 598.04 FEET TO A POINT FOR CORNER; Page I of5 I;\SLD\LONEST AR\02292904\<ldata\1R 12EX03.doc I j ! , . ; I I I ! ! N 51041'23" E, A DISTANCE OF 218.34 FEET TO A POINT ; I FOR CORNER; N 41033139" E, A DISTANCE OF 228.02 FEET TO A POINT I FOR CORNER; I N 51022'12" E, A DISTANCE OF 203.20 FEET TO A POINT I I FOR CORNER; I , I N 65042115" E, A DISTANCE OF 131.07 FEET TO A POINT I FOR CORNER; I S 65009'22" E, A DISTANCE OF 317.16 FEET TO A POINT I I FOR CORNER; I S 08032'09" W, A DISTANCE OF 25.22 FEET TO A POINT FOR CORNER; S 36027'51" E, A DISTANCE OF 56.12 FEET TO A POINT FOR ! ! CORNER; i I I S 07026'48" W, A DISTANCE OF 866.96 FEET TO A POINT I FOR CORNER IN THE SOUTH LINE OF SAID TRACT 2 AND I I IN THE COMMON NORTH LINE OF UNITED STATES OF I AMERICA TRACT NO. G-622 Fll..ED JULY 31,1952, CIVIL I NO. 782 R.P.R.D.C.T.; i THENCE S 89015'38" W, ALONG SAID COMMON LINE A DISTANCE I I OF 30.31 FEET TO A POINT FOR CORNER; I THENCE OVER AND ACROSS SAID TRACT 2 THE FOLLOWING I COURSES AND DISTANCES; N 07026'48" E, A DISTANCE OF 813.66 FEET TO A POINT ! FOR CORNER; I I I N 37026'45" W, A DISTANCE OF 51.44 FEET TO A POINT I FOR CORNER; ! i N 14001'48" W, A DISTANCE OF 78.59 FEET TO A POINT I FOR CORNER; f i THENCE N 65009'22" W, OVER AND ACROSS SAID TRACT 2 AND I REJOINING THE SOUTH LINE OF SAID TRACT 2 AND THE I I COMMON NORTH LINE OF UNITED STATES OF AMERICA I I TRACT NO. A-I, RECORDED IN VOLUME 2427, PAGE 35 I I ! P"8e 2 ofs I I:\SLD\LONEST AR\02292904\sdata\lR12EX03.doc ! i i f I ! r I I ! ~ l ~ ":. i ; j I I I I D.R.D.C.T. (DEED RECORDS OF DENTON COUNTY, I I TEXAS), AT A DISTANCE OF 67.16 FEET AND i ! CONTINUING ALONG SAID COMMON LINE, A TOTAL DISTANCE OF 253.48 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 2 AND THE COMMON NORTHWEST CORNER OF SAID TRACT NO. A-I; i I THENCE ALONG THE SOUTH LINE OF SAID TRACT 2 AND THE I COMMON WEST LINE OF SAID TRACT NO. A-I THE FOLLOWING COURSES AND DISTANCES; S 65042'15" W, A DISTANCE OF 113.58 FEET TO A POINT FOR CORNER; S 51022'12" W, A DISTANCE OF 196.85 FEET TO A POINT FOR CORNER; S 41033'39" W, A DISTANCE OF 228.10 FEET TO A POINT I FOR CORNER; THENCE S 51041'23" W, OVER AND ACROSS SAID TRACT 2 A DISTANCE OF 212.68 FEET TO THE POINT OF BEGINNING, ! AND CONTAINING 2.378 ACRES OF LAND, MORE OR ! LESS, ACCORDING TO THE EXHIBIT OF EVEN DATE HEREWITH, ATTACHED HERETO, AND MADE A PART HEREOF. I I I I- I I I I I 1 I I I t I f I I [ Page3of5 I J:\SLD\LONESrAR\02292904\sdata\TR12EX03.doc I ; f I I I I f I I I 1 I i UNE BEARING DISTANCE I L1 S 20"40'50" W 610.17' L2 S 89"15'11" W 784.20' L3 N 45'03'18" E 43.03' NOTE: II) L4 N 89'15'11' E 732.89' I- L5 N 20'40'50" E 598.04' SEE ATTACHED FIELD NOTE ~ L6 N 51'41'23" E 218.34' DESCRIPTION ~ I L7 N 41"33'39 E 228.02' en I L8 N 51'2212' E 203.20' / I SCALE: I' == 200' L9 N 65'42'15" E 131.07' I L10 S 65'09'22" E 317.16 I L11 S 08"32'09" W 25.22' f L12 S 36'27'51" E 56.12'. 1 L13 S 07"26'48" W 866.96' PROPOSED 50 ~ , " ,TEMPORARY Z L14 S 89'1538 W 30.31 CONSTRUCTION _ L15 N 07'26'48" E 813.66' :;! U6 N 37"26'45" W 51.44' 0 L17 N 14'01'48" W 78.59' ..et .... U8 N 65'09'22" W 253.48' ~ ~ ~ Lt9 S 65'42'15" W 113.58' W w L20 S 51'22'12" W 196.85 I), ~I~ L21 S 41"33'39" W 228.10' I Or" l.L ..eta......; I L22 S 51'41'23" W 212.68' :~G~~NING 001'-"6 r COPRS OF ~z~a:: I 2,378 ACRES ErolfJn~l~~ ~tNo I I ) ~..etw TRACT 2 SO' (CM (fl~:::!: PULTE HOMES OF TEXAS, L.P. /"> El 3 t CCI 2004-11 8342 I I- 0 D.R.C.C. T. z > I ::> I I I NORMAN LANG. PATRICIA LANG AND PROPOSED 50' I JENNIFER LANG TEMPORARY I CCII 2004-85191 CONSTRUCTION I D.R.D.C.T. EASEMENT KRUGER LANE / "';( UNITED STATES OF AMERICA KRUGER LANE REVESTED PERSCRIPTlVE R.O.W. I TRACT NO. G-620-5 I REVESTED PERSCRIPTIVE R.O.W. TRACT G-620-10E I CIVIL NO. 961 I TRACT G-620-12E CIVIL NO. 961f R.P.R.D.C.T. CIVIL NO. 961_ _ _ _ _ _R.P.R.D.C.T.A.- - J i r R.P.R.D.C.T. '0 i ~ 4 i ! I L2 UNITED STATES OF AMERICA I TRACT NO. G-622 I FILED JULY 31, 1952 I UNITED STATES OF AMERICA CIVIL NO. 782 I TRACT NO. G-623 D.R.D.C.T. i CIVIL NO. 772 LEGEND I R.P.R.D.C.T. R.P.R.D.C.T. - REAL PROPERTY RECORDS DENTON COUNTY, TEXAS t S,{in~'{ P.R.D.C.T. - PLAT RECORDS DENTON I U I'o COUNTY, TEXAS l '{ ~~l\O~~O 727 D.R.D.C.T. - DEED RECORDS DENTON i ~1'D ~ err \." ' COUNTY, TEXAS I 'Dh hBS'fR~ IRF - IRON ROO FOUND R.O.W. - RIGHT-OF-WAY , (CM) - CONTROUING MONUMENT ! I BEARIHGS SHOWN HEREON ARE BASED ON TRUE NORTH AS DETERMINED WITH CLOBAl posmONJNC SATTLlTE EQUIPMENT ! OA~ 06/01/05 EXH fBIT B1 I SHEET S~: I" - 200' 30 WIDE UTILITY Carter::Burgess , EASEMENT CARTER Ie BURGESS, INC. I 4 5 DRAWN 8Y: T. GOSSETT OUT OF THE ~~~47~1 SUITE 250 i OF DAVID LAWHORN SURvEY SURVEY AllSTRACT NO. 727 (214) 638-0145 t CHECKED BY: S. PATTON IN DENTON COUNlY. TEXAS t t I: \SLO\LONESTAR\02292904\GRA\ TR12EX03A.OWG 1 I i I 1 t r I i I i i I I TRACT 2 I PULTE HOMES or TEXAS, L.P. I cell 2004-118342 I D.R.C.C.T. 20' UTILITY I PROPOSED 50' I TEMPORARY ! CONSTRUCTION i EASEMENT I ---'1,- SCALE: l' ;;; 200' ~ --- ....... I --- \.~ t:i ,/ I .... :J: i II) "'"" - w I z f :J :x: () <( , !;( (,) l/) 20' UTILITY I ii: r<) ::E w EASEMENT ::l:~~ BY SEPARATE <(.!c~ . INSTRUMENT ...... f--; ocir-:~ a: l/lZNC! .J w '<t~ viN NOTE: ~""'N . <((,) 0 <('f , f-<(w x'" , SEE ATTACHED FIELD NOTE Vlc:::::;; l&J1Xl I f-::J ""f-::"'; DESCRIPTION o -' w 0 I-""() t: > ()o'<tu t Z ~fI)go: :::> I-~Nc:i I 0.... ru I () .... , l- I ....I :::> I 0.. [ l- I Z ! w i >-::It i <(-' I ~~ , ICIl r ...z 0- .!.liiu x 0:: I- L14 C)~() ii:z~ ..,01- UNITED STATES Of' AMERICA ~t TRACT NO. G-622 w ::iCll FILED JULY 31, 1952 &.:1- CIVIL NO. 782 CIl w ~ NOTE I I.} F.M. 423 (vARIABLE WIDTH R.O.W.) AS SHOWN ON THE RIGHT-OF-WAY l.IAP, DENTON COUNlY. i F..... 423. fROM EXIsnNG STATE HWY. 24- T. SOUTH ACROSS GARZA-LITTLE ElJ;! RESERVOIR I TO STATE HWY 121. OBTAINED FROM THE TEXAS DEPARTMENT OF TRANSPORTATION OFFICES. BEARINGS SHOWN HEREON ARE BASED ON TRUE NORlH AS DETERUINEO WITH GLOBAl POSITIONING SAITLlTE EQUIPMENT [ DATE, 06/01/05 EXHIBIT B2 Carter::Burgess I SHEET SCAlE: 1- - 200' 30 WIDE UTILITY EASEMENT CARTER 6: BURGESS. INC. I DRAWN llY, T. GOSSETT OUT OF THE 711ilO EI.MlIllllOlC ~ SUIE 2ilO ! 5 5 DoIUAS. TX 75247-411 1 OF DAVID LAWHORN SURVEY SURVEY ABSTRACT NO. 727 (214) 638-01.., I CHECKED BY, S. PATTON IN DENTON COUNTY. TEXAS t I: \SLD\LONESTAR\02292904\GRA \ TR12EX03B.DWG r i j r t I I I I 1 i CITY OF TIm COWNY I TEMPORARY CONSTRUCTION EASEMENT I I TIIE STATE OF TEXAS ~ I ~ KNOW ALL MEN BY THESE PRESENTS I I COUNTY OF DENTON ~ , That, PULTE HOMES OF TEXAS, L.P., a Texas limited partnership, GRANTOR herein, for and in I 1 consideration of the sum ofTen Dollars and other good and valuable consideration in band paid by the CITY OF THE I COLONY, a home rule municipal corporation of the County of Denton, State of Texas, GRANTEE herein, the receipt 'i and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby i i grant, sell and convey unto the said GRANTEE a temporary non-exclusive fifty foot (50') construction easement, for I the pwpose of constructing utility facilities, on that certain 0.613 acres in Denton County, Texas descn'bed in Exhibit I "A" and shown on Exln'bit"B" attached hereto and incorporated herein, together with the right of ingress and egress as I necessary for such pwposes. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under the temporary easement granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said temporary easement and to remove from said temporary easement, any fences, buildings or other obstructions as I may now be found upon said temporary easement. i It is further intended that the temporary easement herein granted to the GRANTEE shall run with the land and I be a right in and to the land belonging to GRANfOR, and GRANTOR'S successors and assigns, and that the rights and J privileges granted therein are non-exclusive. The term of the easement shall be one (1) year, commencing on the date J I hereof. , I I TO HA VB AND TO HOID the above described temporary construction easement with the right of ingress and ! I egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto ! i GRANTEE, its successors and assigns, descn'bed, and GRANTOR does hereby bind himself. his heirs, successors and i assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, I against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under GRANTOR, but not otherwise. This grant of easement is made expressly subject to (i) any and all easements, I rights-of-way, restrictions, liens, and/or encumbrances of any kind that are flIed of record in the Denton County Real I Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, and/or zoning, platting or other governmental requirements that affect the land I IN WITNESS WHEREOF, this instrument is executed this _ day of July, 2005. f I GRANTOR: J I PULTE HOMES OF TEXAS, L.P., a I Texas limited partnership i 1 1 By: I , its General Partner I 1 l By: t I Name: I i Title: I ! , t I f I i ! . I ; ATTACHMENT 5A I i 782226.1/SP3I13152/0102/070705 f ; I f , I I ! i ! I i I I ACKNOWLEDGMENT I STATE OF TEXAS ~ I I ~ I I COUNTY OF DENTON ~ i I BEFORE ME, the undersigned authority, on this day. personally appeared , known to me to be the person whose name is subscribed to the I foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated I ! GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the _ day of July, 2005. Notary Public in and for I 1be State of Texas I My Commission Expires: I I I I I I I I I I I I I I I I I I 1 I i i I 1 I I i i i ! I I 782226.1JSP3I1315210102l070705 I f I I I , ! I i i ! ... I I I I EXHIBIT "A" I 50 FOOT WIDE TEMPORARY CONSTRUCTION I EASEMENT i I WHEREAS, PULTE HOMES OF TEXAS, L.P., A TEXAS LIMITED PAR1NERSHIP IS THE OWNER OF A TRACT OF LAND SITUATED IN THE R. DUNLAP SURVEY, ABSTRACT NUMBER 352, AND THE DAVID E. LAWHORN SURVEY i ABSTRACT NO. 727, DENTON COUNTY, TEXAS, AND BEING OUT OF AN I 87.348 ACRE TRACT OF LAND CALLED TRACT 2 CONVEYED TO PULTE I HOMES OF TEXAS, L.P., ACCORDING TO THE DEED FILED OF RECORD IN DENTON COUNTY CLERK FILE NUMBER (CC#) 2004-118342, DEED RECORDS OF DENTON COUNTY, TEXAS, (D.R.D.C.T.), AND BEING MORE I PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP t I STAMPED "CARTER BURGESS" SET FOR THE SOUTHWEST CORNER OF SAID TRACT 2, SAME BEING I THE SOUTIIEAST CORNER OF LEBANON ROAD RIGHT- OF-WAY(R,O.W.) DEDICATION (VARIABLE WIDTH ! i R.O.W.), RECORDED IN CC# 2004-61645 D.R.D.C.T., ALSO BEING IN THE NORTH LINE OF BOYD ACRES SUBDMSION, RECORDED IN CABINET 2, PAGE 94 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS, AND AT THE INTERSECTION OF THE SOUTH R.O.W. LINE OF SAID LEBANON ROAD AND APPROXIMATE CENTER LINE OF KRUGER LANE( A VARIABLE WIDTH PERSCRIPTIVE , R.O.W.); TIffiNCE N 06017'46" W, ALONG THE WEST LINE OF SAID TRACT 2, I AND THE COMMON EAST LINE OF SAID OF LEBANON I ROAD, A DISTANCE OF 30.14 FEET TO A POINT FOR i I CORNER AT THE APPROXlMATE NORTH R.O.W. LINE OF I f SAID KRUGER LANE AND THE POINT OF BEGINNING; r- I THENCE N 06017'46" W, CONTINUING ALONG SAID COMMON LINE, I A DISTANCE OF 50.23 FEET TO A POINT FOR CORNER; ! I THENCE OVER AND ACROSS SAID TRACT 2 THE FOLLOWING I COURSES AND DISTANCES; I , ! N 89015'11" E, A DISTANCE OF 536.30 FEET TO A POINT I i FOR CORNER; I I i ! I I r Page I 00 I:\SLD\LONESTAR\02292904\$data\TRI2EX02.doc - ------------ I ! - ,. I i I I 1 i ; S 00044'49" E, A DISTANCE OF 50.00 FEET TO A POINT FOR i I CORNER IN THE APPROXIMATE NORTH R.O.W. LINE OF ! SAID KRUGER LINE; I I S 89015'11" W, ALONG THE APPROXIMATE NORTII R.O.W. I I LINE OF SAID KRUGER LANE, A DISTANCE OF 531.44 ! FEET TO THE POINT OF BEGINNING, AND CONTAINING , ! 0.613 ACRES OF LAND, MORE OR LESS, ACCORDING TO i THE EXHIBIT OF EVEN DATE HEREWITH, ATTACHED i I HERETO, AND MADE A PART HEREOF. I j I I I I I I I I i l I I i J I i I I i I 1 I i I I I i I I i r I i I i I f i I I j I i ! j f I I Page 2 00 i I:\SLD\LONEST AR\02292904\<;da1a\TR12EX02.doc ! I I i I I ! I ! I i I [ I I ) /tRA~' I I ! i SCALE: I' = 200' PULTE HOMES Of TEXAS, I CCI 2004-11 8342 I D.R.C.C.T. 2 6\ I NOTE: \ SUR\T'E~ SEE ATTACHED fiELD NOTE CO, ;,.- DESCRIPTION & C,R.R'~O./ 1'71 10 B,B.B~BS1R~C't PROPOSED DEVELOPMENT Cl '( 1.J.~1 TRACT 2 I O(N1' PULTE HOMES or TEXAS. L.P. 12 13 CCI 2004-118342 I D.R.C.C.T. KRUGER LANE REVE TED PERSCR/PTIVE R.O.W. TRACT G-620-4E CIVIL NO. 961 ~ R.P.R.D.C.T. I I I 9 8 7 6 I 10 NORMAN LANG, I PATRICIA LANG AND JENNifER LANG I CCI 2004-85191 . D.R.D.C.T. U.S.A. \3R\TY.~ I TRACT S v'Vfl\O~ 0 '727 I Dt\VIUS1R~C1 ~ ' ! t\B LEGEND I P.O.C. - POINT Of COMMENCING I P.O.B. - POINT OF' BEGINNING I I R.P.R.D.C.T. - REAL PROPERTY RECORDS I DENTON COUNTY. TEXAS ! 1 P.R.D.C.T. - PLAT RECORDS DENTON I 8 COUNTY, TEXAS ! BEARING D.R.D.C.T. - DEED RECORDS DENTON N 06'17'46" W COUNTY. TEXAS i N 89'15'11" E IRf - IRON ROD fOUND I S 00'44'49" E R.O.W. - RIGHT-Of-WAY I S 89'15'11" W (CM) - CONTROWNG MONUMENT I BEARINGS SHOWN HEREON ARE BASED ON TRUE NORTH PS DETERMINED WITH CLOIW. POSITION/NG SATTlITE EQUIPMENT I DATE: 06/01/05 EXHIBIT B Carter::Burgess I SHEET SCAlE: ," - 200' 50' WIDE TEMPORARY I CONSTRUCTION EASEMENT CARTER Ie BURGESS, INC. i DRAWN BY: T. GOSSETT OUT OF THE 7a5o WIIlROOI< DRIVE, SUITE 250 i 3 Of 3 R. DUNLAP SURVEY SURVEY ABSTRACT NO. 352 DAUAS. TX 7S247-4t61 I CHECKEO llY: S. PATTON DAVID LAWHORN SURVEY SURVEY ABSTRACT NO. 727 (214) 6J8-o145 ! IN DENTON COUNTY. TEXAS 1:\SLD\LONESTAR\02292904\GRA \TR 12EX02.DWG I I i } CITY OF THE COLONY TEMPORARY CONSTRUCfION EASEMENT TIlE STATE OF TEXAS S S KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON S That, PULTE HOMES OF TEXAS, L.P., a Texas limited partnership, GRANTOR herein, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in band paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby I grant, sell and convey unto the said GRANTEE a temporary non-exclusive variable width construction easement, for the purpose of constructing utility facilities, on that certain 0.700 acres in Denton County, Texas descnbed in Exln'bit I "A" and shown on ExhIbit "B" attached hereto and incoIporated herein, together with the right of ingress and egress as I necessary for such purposes. Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and I GRANTOR'S heirs, representatives, successors and assigns shan at no time erect, place or construct, or cause to be i erected, placed or constructed in, into, upon, over, across or under the temporary easement granted herein any I I temporary or permanent structures, and it is further agreed that GRANTEE shan have the right to excavate and fill upon said temporary easement and to remove from said temporary easement, any fences, buildings or other obstructions as may now be found upon said temporary easement. r It is finther intended that the temporary easement herein granted to the GRANTEE sba1l run with the land and i i be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and f privileges granted therein are non-exclusive. The term of the easement shall be one (1) year, commencing on the date I I hereof. I r TO HA VB AND TO HOLD the above descnbed temporary construction easement with the right of ingress and I egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto 1 GRANTEE, its successors and assigns, descnbed, and GRANTOR does hereby bind himself, his heirs, successors and assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under GRANTOR, but not otherwise. This grant of easement is made expressly subject to (i) any and all easements, rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, f and/or zoning, platting or other governmental requirements that affect the land. I IN WITNESS WHEREOF, this instrument is executed this _ day of July, 2005. GRANTOR: PULTE HOMES OF TEXAS, L.P., a Texas limited partnership By: PNI, Inc., its General Partner By: Name: Title: ATTACHMENT 58 782327.1/SP3I13152/0102/070705 i I I , , f I i ACKNOWLEDGMENT I I STATE OF TEXAS ~ j ~ I I COUNTY OF ~ I I BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared I I ,the I of PNI, INC., a Nevada cozporation, the General Partner of PULTE HOMES OF TEXAS, L.P., a Texas limited partnership, known or proved to me on satisfactory evidence to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the 1 ; pmposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and I partnership. i I GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2005. , I STAMP, PRINT OR TYPE I I ; NOTARY'S NAME AND DATE I COMMISSION EXPIRES: I Notary Public in and for the State of Texas I I f I I I I I . I , I 1 I i i I I f i i I i I I f I I t I I r ! I I i I i I i I , I I 78Z3'ZT.1/SP3I1315210102lO70705 I i I I i i I I I I I I ! i i I I EXHIBIT "A" ! j O.700ACRE TEMPORARY CONSTRUCTION I j EASEMENT I i ! , BEING A O.,co ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN ; i , THE DAVID E. LAWHORN SURVEY ABSTRACT NO. 727, DENTON COUNTY, I TEXAS, AND BEING our OF AN 87.348 ACRE TRACT OF LAND CALLED I TRACT 2 CONVEYED TO PULTE HOMES OF TEXAS, L.P., ACCORDING TO THE I I DEED FIlED OF RECORD IN DENTON COUNTY CLERK FILE NUMBER (CC#) ! 2004-118342, DEED RECORDS DENTON COUNTY, TEXAS (D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRffiED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD WITH YElLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE SOUTHWEST CORNER OF SAID TRACT 2, SAME BEING I TIlE SOUI'HEAST CORNER OF LEBANON ROAD RIGHT- OF-W A Y(R.O.W.) DEDICATION (VARIABLE WIDTH i R.O.W.), RECORDED IN CC# 2004-61645 D.R.D.C.T., ALSO I BEING IN THE NORTH LINE OF BOYD ACRES SUBDNISION, RECORDED IN CABINET 2, PAGE 94 OF THE I i PLAT RECORDS OF DENTON COUNTY, TEXAS, AND AT I I THE INTERSECTION OF THE SOUTH R.O.W. LINE OF SAID I I LEBANON ROAD AND APPROXIMATE CENTER LINE OF j 1 I KRUGER LANE( A VARIABLE WIDTH PERSCRIPTIVE I R.O.W.); I I , THENCE N 89015'11" E, ALONG THE SOUTH LINE OF SAID TRACT 2 I I AND ALONG THE APPROXIMATE CENTER LINE OF SAID I I KRUGER LANE AND THE COMMON NORTH LINES OF i SAID BOYD ACRES SUBDNISION, AND A TRACT OF I LAND DESCRIBED IN DEED TO ATHALEA LANE, ! RECORDED IN VOLUME 4980, PAOE 00077 D.R.D.C.T., AND i i A TRACT OF lAND DESCRIBED IN DEED TO NORMAN I LANG, PATRICIA LANG AND JENNlFER LANG IN DEED i RECORDED IN COUNTY CLERK'S FILE NO.(CC#) 2004- 1 1 85191 RESPECTIVELY, A DISTANCE OF 443.80 FEET TO ! THE POINT OF BEGINNING; ! i i THENCE OVER AND ACROSS SAID TRACT 2 THE FOLLOWING I 1 COURSES AND DISTANCES; I 1 N 36032'49" W, ADISTANCE OF 36.99 FEET TO A POINT ! ~ FOR CORNER; i I N 89015'11" E, A DISTANCE OF 106.36 FEET TO A POINT ; ! i FOR CORNER; i I ~ i , Page 1 01'3 ; j I;'SLD\LONEST AR\02292904\,data\1RI2EX06.doc i : r I i I ----------------- N 00044'49" W, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER; N 89015'09" E, A DISTANCE OF 578.36 FEET TO A POINT i FOR CORNER; I I S 45003'18" W, A DISTANCE OF 71.72 FEET TO A POINT i i FOR CORNER IN THE SOUTH LINE OF SAID TRACT 2 AND I ! THE COMMON NORTH LINE OF THE SAID LANG TRACT; j I I THENCE S 89015'11" W, ALONG SAID COMMON LINE, A DISTANCE I OF 611.66 FEET TO TIlE POINT OF BEGINNING, AND CONTAINING 0.700 ACRES OF LAND, MORE OR LESS, I ACCORDING TO THE EXlllBIT OF EVEN DATE HEREWITH, ATTACHED HERETO, AND MADE A PART I HEREOF. I i i I I I I I ! i i ! i ) I I I I ! I I i I I I Page2of3 I:ISLD\LONEST AR\02292904'&:1a1a\TRl2EX06.doc ----------------- _..__.~ -.----- I I i I i f i "-. PROPOZ~"T '- I H ~ ~ \J~V~i I 5 1 Lv-vi\\~~~ S7Z7 I I I U}81DS't~~C'r ~ ' i I ~13 4 i SCALE: l' = 200' I j [ UNE BEARING DISTANCE I l1 N 36"32"9" W 36.99' L2 N 89'15'11" E 106.36' j L3 N 00'4"49" W 20.00' i L4 N 89'15'09" E 578.35' J L5 S '5'03'.18" W 71.72' i L6 5 89'15'11" W 611.66' 1 TRACT 2 i { I PULTE HOMES OF TEXAS, L.P. I CCI 200'-1183'2 I O.R.C.C.T. I PROPOSED DEVELOPMENT KRUGER UNE i REVESTED PERSCRIPTlVE R.O.W. I TRACT G-620-12E 1 CIVIL NO. 961 I KRUGER LANE R.P.R.D.C.T. i REVESTED PERSCRIPTlVE R.O.W. 0,700 I TRACT G-620-4E I CIVIL NO. 961 ACRE R.P.R.D.C.T. L4 I :tf= I j 1 L PROPOSED 20' i UTILITY PROPOSED 3D' f NORMAN LANG, EASEMENT UTILITY I ~ PATRICIA UNG AND EASEMENT () JENNIFER UNG f 4J& CCI 2004-85191 1 <' D.R.D.C.T. I S~;.... , I J()~~' ! i ~&. t ~'I'iJi UNITED STATES Of AMERICA I :~QI TRACT NO. G-623 I 0' ~ CIVIL NO. 772 .s: ::i R.P.R.D.C.T. I l;:;1 LEGEND j ~I I I ::> R.P.R.D.C.T. - REAL PROPERTY RECORDS 1 (/) ! DENTON COUNTY, TEXAS I P.R.D.C.T. - PLAT RECORDS DENTON COUNTY, TEXAS D.R.D.C.T. - DEED RECORDS DENTON I COUNTY, TEXAS NOTE: IRF - IRON ROD fOUND ! R.O.W. - RIGHT-Of-WAY SEE ATTACHED fJELD NOTE DESCRIPTION i (CM) - CONTROUJNG MONUMENT ! i OAlE: 06/01/05 I 0,700 ACRE Carter:: Burgess i , SHEET SCALE.: '" .. 200' TEMPORARY CONSTRUCTION I DRAWN BY: T. GOSSETT EASEMENT CARTER Ie BURGESS, INC. i n50 EUlBROOK DRNE. SUle 250 3 OF 3 OUT or THE IWLAS. TX 75247_81 I DAVID LAWHORN SURVEY SURVEY ABSTRACT NO. 727 (214) 6311-014:1 ; CHECKED BY: S. PATTON I IN DENTON COUNTY, TExAS I 1:\SLD\LONESTAR\02292904\GRA \ TR12EX06.DWG i ! i ; I I i 1 i I j I I i I j 1 CITY OF THE COLONY I TEMPORARY CONSTRUCTION EASEMENT i THE STATE OF TEXAS ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON ~ I I That, PULTE HOMES OF TEXAS, L.P., a Texas limited partnership, GRANTOR herein, for and in 1 I consideration ofthe sum ofTen Dollars and other good and valuable consideration in hand paid by the CITY OF THE I COLONY. a home rule municipal corporation of the County of Denton, State of Texas, GRANTEE herein, the receipt I and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby I grant, sell and convey unto the said GRANTEE a temporary non-exclusive fifty foot (50') construction easement, for I the purpose of constructing utility facilities, on that certain 2.760 acres in Denton County, Texas descnbed in Exhibit I "A" and shown on Exhibit liB" attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such purposes. I Subject to the reservations set forth below. GRANTOR covenants and agrees that GRANTOR and GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct. or cause to be I erected, placed or constructed in, into, upon, over, across or under the temporary easement granted herein any I temporary or pennanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon f said temporary easement and to remove from said temporary easement, any fences, buildings or other obstructions as I may now be found upon said temporary easement. I It is finther intended that the temporary easement herein granted to the GRANTEE shall nm with the land and be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and privileges granted therein are non-exclusive. The term of the easement shall be one (1) year. commencing on the date I hereof: I TO HAVE AND TO HOLD the above descnbed temporary construction easement with the right of ingress and egress thereto. together with all and singular the rights and appurtenances thereto in any wise belonging unto I ! GRANTEE, its successors and assigns, described, and GRANTOR does hereby bind himself, his heirs, successors and i assigns to wanant and forever defend. all and singular. the said premises unto the GRANTEE its successors and assigns. i I against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under , GRANTOR, but not otherwise. This grant of easement is made expressly subject to (i) any and all easements, , rights-of-way, restrictions, liens. and/or encumbrances of any kind that are filed of record in the Denton County Real 1 Property Records or which an on-the-ground inspection would reveal, and (ii) any encroachments, protrusions, taxes, ! i and/or zoning, platting or other governmental requirements that affect the land. ! i IN WITNESS WHEREOF, this instrument is executed this _ day of July. 2005. I 1- GRANTOR: 1 PULTE HOMES OF TEXAS, L.P., a I Texas limited partnership I By; PNI, Inc., its General Partner i I By; i Name; I i Title; i I i A TT ACHMENT 5C I 782225.1/SP3I1315210102l070705 I I I i I i -- I ! I I ACKNOWLEDGMENT I ! , 1 I STATE OF TEXAS ~ i ~ I COUNTY OF ~ BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared I , the , of PNI, INC., a Nevada corporation, the General Partner of PULTE HOMES OF I TEXAS, L.P., a Texas limited partnership, known or proved to me on satisfactory evidence to be the person and officer i whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the , purposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and partnership. I I I GNEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2005. i I i I I STAMP,PRlNTOR TYPE I 1 NOTARY'S NAME AND DATE I COMMISSION EXPIRES: I Notary Public in and for the State of Texas I I I I t I ! I i f I J I I ! I I I I I i I 782225.1/SP3I13152101 021070705 ! I I ! } [ i ----- .'. c. EXHIBIT "A" 50 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT WHEREAS. PULTE HOMES OF TEXAS. L.P., A TEXAS LIMITED PARTNERSHIP IS THE OWNER OF A TRACT OF LAND SITUATED IN THE DAVID E. LAWHORN SURVEY ABSTRACT NO. 727, DENTON COUNTY. TEXAS. AND BEING OUT OF AN 87.348 ACRE TRACT OF LAND CALLED TRACT 2 I CONVEYED TO PULTE HOMES OF TEXAS. L.P.. ACCORDING TO THE DEED ! FILED OF RECORD IN DENTON COUNTY CLERK FILE NUMBER (CC#) 2004- I 118342, DEED RECORDS OF DENTON COUNTY. TEXAS. (D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I COMMENCING AT A CORPS OF ENGINEERS MONUMENT FOUND AT AN I ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 2, SAME POINT BEING THE NORTH CORNER OF UNlTED STATES OF AMERICA TRACT NO. G-620-5. RECORDED IN I CIVlL NO. 961. REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.); i THENCE N 53048'53" W, OVER AND ACROSS SAID TRACT 2. A I DISTANCE OF 31.13 FEET TO THE POINT OF BEGINNING; I THENCE OVER AND ACROSS SAID TRACT 2 THE FOLLOWING I I COURSES AND DISTANCES; r I J S 20040'50" W, A DISTANCE OF 598.04 FEET TO A POINT ! FOR CORNER; i ! f S 89015'11" W. A DISTANCE OF 732.89 FEET TO A POINT I 1 FOR CORNER; I ; j I N 45003'18" E. A DISTANCE OF 71.72 FEET TO A POINT FOR t CORNER; I I N 89015'11" E. A DISTANCE OF 647.38 FEET TO A POINT I FOR CORNER; i N 20040'50" E, A DISTANCE OF 577 .82 FEET TO A POINT 1 I FOR CORNER; I J i N 51041'23" E. A DISTANCE OF 227.78 FEET TO A POINT 1 I FOR CORNER; i r l N 41033'39" E, A DISTANCE OF 227.88 FEET TO A POINT i I FOR CORNER; I J ! I i Page I of4 i I:\SLD\LONEST AR\02292904\sdata\TRI2EX04.doc I i ! I I I I i I . , C' I i ! i I I N 51022'12" E, A DISTANCE OF 213.77 FEET TO A POINT i i FOR CORNER; I N 65042'15" E, A DISTANCE OF 160.22 FEET TO A POINT FOR CORNER; i I S 65009'22" E, A DISTANCE OF 325.39 FEET TO A POINT I FOR CORNER; I I S 08032'09" W, A DISTANCE OF 52.10 FEET TO A POINT I I FOR CORNER; I I N 65009'22" W, A DISTANCE OF 317.16 FEET TO A POINT FOR CORNER; S 65042'15" W, A DISTANCE OF 131.07 FEET TO A POINT I FOR CORNER; I S 51022'12" W, A DISTANCE OF 203.20 FEET TO A POINT I FOR CORNER; I I S 41033'39" W, A DISTANCE OF 228.02 FEET TO A POINT FOR CORNER; S 51041 '23" W, A DISTANCE OF 218.34 FEET TO THE POINT I OF BEGINNlNG, AND CONTAINING 2.760 ACRES OF LAND, MORE OR LESS, MORE OR LESS, ACCORDING TO I THE EXHIBIT OF EVEN DATE HEREWITH, ATTACHED I I. HERETO, AND MADE A PART HEREOF. ! I I I I L I I I , ; I I j f ~ t I , t . , ! ! i I ! I Page 20f4 I l\SW\LONEST AR\02292904\sdata\TRI2EX04.doc I ! I ! i i I , . ! f i , , I I I LINE BEARING DISTANCE I L1 S 20'40'50" W 598.04' "'It I LZ S 89'15'11" W 732.89' I- L3 N 45'03'1S" E 71.72' NOTE: 41 I t..I I L4 N 89'15'11" E 647.38' SEE ATTACHED FIELD NOTE X L5 N 20'40'50" E 577.82' DESCRIPTION (/) I L6 N 51'41'23" E 227.78' L7 N 41'33'39" E 227.88' SCALE: I' = 200' LS N 51'22 12 E 213.77' I L9 N 65'42'15" E 160.22' L10 S 65'09'22" E 325.39 L11 S OS'32'09" W 52.10' L12 N 65'09'22" W 317.16' LI3 S 65'4Z'15" W 131.07' L14 S 51'22'12 W 203.20' ! U5 S 41'33'39" W 228.02' i L16 S 51'41'23" W 218.34' i i I <( I (J III I 0:: I') I 2,760 ACRES I I TRACT 2 I PULTE HOMES OF TEXAS, L.P. eCI 2004-118342 I D.R.C.e.T. KRUGER LANE ! REVESTED PERSCRIPTIVE R.O.W. PROPOSED 30' TRACT G-620-12E CIVil NO. 961 UTILITY R.p.R.D.e.T. EASEMENT KRUGER LANE I , REVESTED PERSeRIPTIVE R.O.W. UNITED STATES OF AMERICA TRACT G-620-10E TRACT NO. G-620-5 CIVil NO. 961 CIVIL NO. 961 R.p.R.D.e.T. l4 R.P.R.D.C.T. '0 If) UNITED STATES OF AMERICA TRACT NO. G-622 UNITED STATES Of AMERICA PROPOSED 30' FILED JULY 31, 1952 TRACT NO. G-623 UTILITY CIVIL NO. 782 CIVIL NO. 772 EASEMENT D.R.D.C. T. I R.P.R.D.C. T. LEGEND I R.P.R.D.C.T. - REAL PROPERTY RECORDS NORMAN LANG, PATRICIA LANG AND DENTON COUNTY, TEXAS I JENNIFER LANG P.R.D.C.T. - PLAT RECORDS DENTON CCI 2004-85191 COUNTY, TEXAS I D.R.D.C.T. t)tt"~'{ D.R.D.C.T. - DEED RECORDS DENTON , tt~ S COUNTY. TEXAS I 'L~'W\10 0 727 IRf' - IRON ROD f'OUND D~VIDS'ftt~Cf ~ . R.O.W. - RIGHT-Of'-WAY , , ~'B (CM) - CONTROLLING MONUMENT ! I i IlEARINGS SHOWN HEREON ARE BASED ON TRUE NORTH AS DETERMINED WITH CLOBAl POSITlONING SATTUTE EQUIPMENT , ~ DATE: 06/01/05 EXHIBIT B1 I Carter::Burgess ! SHEET SCAlE: ," ~ 200' 50' WIDE TEMPORARY I CONSTRUCTION EASEMENT CARTER &c BURGESS, INC. I DRAWN 1lY: T. GOSSETT OUT OF THE neo EUI8ROOK llRlVE, sun: 2eo 3 4 llAUAS. TlC 752~7-_1 ! OF OAVlD LAWHORN SURvEY SURvEY ABSTRACT NO. 727 (21~) 638-01~~ i CHECKED 1lY: S. PATTON IN DENTON COUNTY. TEXAS I 1:\SLD\LONESTAR\02292904 \GRA \TRI2EX04A.OWG i I 1 I ! ------ I I TRACT 2 '1 PULTE HOMES OF TEXAS, LP. II cel 2004-118342 I D.R.C.C.T. J I 2,760 ACRES 2EO~S~~lf~V I I' BY SEPARATE -1 I INSTRUMENT I I I ~ I SCALE: I' = 200' .- I, i' ~ ) ~ ( ~ , I I i ~ I PROPOSED 30' \ I UTILITY i EASEMENT \ i l&I ) / I 5 / / I x / I I ~ < I " -< ~ ~ I I 20' UTILITY , :::i w w --j EASEMENT I ~I(:) I I BY SEPARATE 'I <t.~ I INSTRUMENT ~ . .0 . 30~ I 0....... D.. / I lIlZN~ J II . ~>-~Qo: . NOTE: <u ci ~~ I I >-<w x~ I I SEE ATTACHED FIELD NOTE lIl~::o ~1lO . I I DESCRIPTION 8 :3 N L... =, :J I I I >- 0 "'0 . z > ~ ~~ I I ' ~ Qo:lIloa: I ~ "'~Nci f I ~;" I / jl wU I I ~ A I ! D.. ~ I ! PROPOSED 30' f I !Z I UTILITY I ... EASEMENT I I ~~ I ~1- I I f e!.lQ If 9:u II I-IIl ~~o I Qo:%~ I ~ol- UNITED STATES OF AMERICA ~t I TRACT NO. G-622.l;l I FILED JULY 31, 1952~... I CIVIL NO. 782 ~ I NOTE ~ f I I.} F.M. 423 (VARIABLE WIDTH R.O.W.) /OS SHOWN ON THE RIGHT -Of-WAY MAP. DENTON COUNTY, I r.M. 423, FROM EXISTING STATE HWY. 24- T. SOUTH ACROSS GIIRZA-LfTTLE ElM RESERVOIR 1 TO STATE HWY 121. OBTAINED FROM THE TEXAS DEPARTI.IENT OF TRANSPORTATION Of'F1CES. i ! BEARINGS SHOWN HEREON ARE BASED ON TRUE NORTH /OS DETERMINED WITH GLOBAl POSmoNINC SATTl/TE EQUIPMENT I DATE: 06/01/05 EX H 181 T 82 SHEET SCAlE; I" - 200' 50 WIDE TEMPORARY Carter::Burgess 1 CONSTRUCTION EASEMENT CARTER Ie BURGESS, INC. II DRAWN BY: 1. GOSSErT OUT OF THE ~~:47~1 SUITE 250 . 4 OF 4 DAVID LAWHORN SURvEY SURvEY ABSTRACT NO. 727 (214) 6Jo-ol~ I CHECKEO BY: S. PATTON IN DENTON COUNlY. TEXAS j 1:\SLO\LONESTAR\02292904\GRA\TR12EX04B.OWG I j i f CITY OF THE COLONY TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS ~ ~ KNOW ALL MEN BY THESE PRESENTS COUNTY OF DENTON * ! That, Pll..TE HOMES OF TEXAS, L.P., a Texas limited partnership, GRANTOR herein, for and in consideration of the sum of Ten Dollars and other good and valuable consideration in hand paid by the CITY OF THE COLONY, a home rule municipal corporation of the County of Denton, State of Texas, GRANTEE herein, the receipt I I and sufficiency of which is hereby acknowledged and confessed, subject to the reservations set forth below, does hereby I grant, sell and convey unto the said GRANTEE a temporary non-exclusive fifty foot (50') construction easement, for I the purpose of constructing utility facilities, on that certain 1.123 acres in Denton County, Texas descnbed in Exhibit "A" and shown on Exhtbit "B" attached hereto and incorporated herein, together with the right of ingress and egress as necessary for such purposes. I I Subject to the reservations set forth below, GRANTOR covenants and agrees that GRANTOR and I GRANTOR'S heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be I erected, placed or constructed in, into, upon, over, across or under the temporary easement granted herein any ! temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said temporary easement and to remove from said temporary easement, any fences, buildings or other obstructions as I may now be found upon said temporary easement. It is further intended that the temporary easement herein granted to the GRANTEE shalI run with the land and be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and that the rights and I privileges granted therein are non-exclusive. The term of the easement shall be one (1) year, commencing on the date I I hereof. I I TO HA VB AND TO HOLD the above described temporary construction easement with the right of ingress and I ! egress thereto, together with all and singular the rights and appurtenances thereto in any wise belonging unto ~ i GRANTEE, its successors and assigns, described, and GRANTOR does hereby bind himself, his heirs, successors and I assigns to warrant and forever defend, all and singular, the said premises unto the GRANTEE its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under i GRANTOR, but not otherwise. 1bis grant of easement is made expressly subject to (i) any and all easements, 1 rights-of-way, restrictions, liens, and/or encumbrances of any kind that are filed of record in the Denton County Real I Property Records or which an on-the-ground inspection would reveal. and (ii) any encroachments, protrusions, taxes, I and/or zoning, platting or other governmental requirements that affect the land. I IN WITNESS WHEREOF, this instrument is executed this _ day of July, 2005. I GRANTOR: I PULTE HOMES OF TEXAS, L.P., a I Texas limited partnership I By:PNI, Inc., its General Partner I i i By: I Name: I Title: ! I I I I f I ! ! ! ! ATTACHMENT 50 I 782224.1ISP3I13152/0102/070705 I t I 1 I ACKNOWLEDGMENT STATE OF TEXAS ~ I ~ i COUNTY OF ~ I BEFORE ME, the undersigned authority, a Notary Public in and for said State, on this day personally appeared I I , the I I of PNI, INC., a Nevada cotpOration, the General Partner of PULTE HOMES OF i i TEXAS, L.P., a Texas limited partnership, known or proved to me on satisfactory evidence to be the person and officer I whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same for the I purposes and consideration therein expressed and in the capacity therein stated, on behalf of such corporation and I partnership. J 1 ; GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2005. i I I STAMP, PRINT OR TYPE I NOTARY'S NAME AND DATE COMMISSION EXPIRES: I Notary Public in and for the State of Texas I I I j I I I I ; j I I I ! I I I- i I I i I I I I I i I I i I I I I ~ I ! f I 782224.1f.SP3V13152101 021070705 i i I j ! I -- -- --- ------ - .- -!. b EXHIBIT "A" 50 FOOT WIDE TEMPORARY CONSTRUCTION I I EASEMENT I I I WHEREAS, PULTE HOMES OF TEXAS, L.P., A TEXAS LIMITED PARlNERSHIP IS THE OWNER OF A TRACT OF LAND SITUATED IN THE DAVID E. LAWHORN SURVEY ABSTRACT NO. 727, DENTON COUNTY, TEXAS, AND BEING OUT OF AN 87.348 ACRE TRACT OF LAND CALLED TRACT 2 CONVEYED TO PULTE HOMES OF TEXAS, L.P., ACCORDING TO THE DEED FILED OF RECORD IN DENTON COUNTY CLERK FILE NUMBER (CC#) 2004- 118342, DEED RECORDS OF DENTON COUNTY, TEXAS, (D.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTIIEAST CORNER OF SAID TRAeI' 2, SAME POINT BEING THE NORTHEAST CORNER OF UNITED I STATES OF AMERICA TRACT NO. G-622, RECORDED IN CIVll..NO. 782, Fll..ED JULY 31,1952, REAL PROPERTY I RECORDS OF DENTON COUNTY, TEXAS (R.P.R.D.C.T.) AND IN THE WEST RIGHT-OF-WAY (R.O.W.) LINE OF F.M. 423 AS SHOWN ON THE R.O.W. MAP, DENTON COUNTY, I F.M. 423, FROM EXISTING STATE HWY, 24-T, SOUTH I ACROSS GARZA-LIITLE ELM RESERVIOR TO STATE I I HWY 121, OBTAINED FORM THE TEXAS DEPARTMENT OF I I ! TRANSPORTATION OFFICES; ; i I THENCE S 89015'38" W, ALONG THE SOUTII LINE OF SAID TRACT 2 ! i r AND THE COMMON NORTH LINE OF SAID UNITED ! STATES OF AMERICA TRACT NO. G-622, A DISTANCE OF ; 119.76 FEET TO THE POINT OF BEGINNING; I I THENCE S 89015'38" W, CONTINUING ALONG SAID COMMON LINE, I A DISTANCE OF 50.51 FEET TO A POINT FOR CORNER; J THENCE OVER AND ACROSS SAID TRAeI' 2 THE FOLLOWING I COURSES AND DISTANCES; N 07026'48" E, A DISTANCE OF 800.19 FEET TO A POINT i FOR CORNER; ! i 1 N 37026'45" W, A DISTANCE OF 41.15 FEET TO A POINT I FOR CORNER; I N 14001 '48" W, A DISTANCE OF 65.04 FEET TO A POINT I FOR CORNER; I I , I IOF3 ! I:\SLD\LONEST AR\02292904\sdata\'ffi 12EX04C.doc I I I ! i 1 f I . . t- \. j I i I N 65009'22" W, A DISTANCE OF 39.24 FEET TO A POINT FOR CORNER IN THE SOUTH LINE OF SAID TRACT 2 AND I THE COMMON EAST LINE OF THE UNITED STATES OF [ I AMERICA TRACT NO. A-I, RECORDED IN VOLUME 2427, I PAGE 35 D.R.D.C.T.; I THENCE N 20015150" E, ALONG SAID COMMON LINE, A DISTANCE OF 50.16 FEET TO A POINT FOR CORNER AT AN ANGLE POINT IN THE SOUTH LINE OF SAID TRACT 2 AND THE NORTHEAST CORNER OF SAID UNITED STATES OF AMERICA TRACT NO. A-I; THENCE OVER AND ACROSS SAID TRACT 2 THE FOLLOWING COURSES AND DISTANCES; I S 65009'22" E, A DISTANCE OF 67.16 FEET TO A POINT FOR I CORNER; t i i 1 S 14001 '48" E, A DISTANCE OF 78.59 FEET TO A POINT FOR I CORNER; I S 37026'45" E, A DISTANCE OF 51.44 FEET TO A POINT FOR CORNER; S 07026'48" W, A DISTANCE OF 813.66 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.123 ACRES OF LAND, MORE OR LESS, ACCORDING TO THE EXHIBIT OF EVEN DATE HEREWITH, ATIACHED HERETO, AND MADE A PART HEREOF. I I I f I ! I I I I I , f , I I I I ! i I I l i 20F3 I I:\SW\LONEST AR\02292904\sdala\TRI2EX04C.doc ! t t I I I TRACT 2 PULTE HOMES OF TEXAS, L.P. I cel 2004-116342 I D.R.C.C.T. 20' UTILITY I I I I PROPOSED 50' EASEMENT I BY SEPARATE--1 I TEMPORARY CONSTRUCTION I EASEMENT INSTRUMENT I /'\-- , I SCALE: l' = 200' I I /' , /' , ) ,/' ------ 'i.. ~/'___ r /' / .('o~,/' /' --- --- / I PROPOSED 30' UTILITY L5 EASEMENT J I <l: I u I/) 1 , 1 23 ACRES 20' UTILITY cr "l I LINE BEARING DISTANCE w EASEMENT f L1 S 89'15'38" W 50.51' :::.-t5 BY SEPARATE i L2 N 07'26'48" E 800.19' <l:~~ . INSTRUMENT ~ L... I-: i l3 N 37'26'45" W 41.15' o . .u 0" . a: N 14'01'48" W 65.04' UlZNCl I L4 w '<ta::: -.J ! L5 N 65'09'22" W 39.24' I-I-N . v)N <to Cl L6 N 20'15'50" E 50.16' t-<tw <.... L7 S 65'09'22" E 67.16' Ula::::::;: xl<) 1-;:) WDO L8 S 14'01'48" E 78.59' Cl -' NI-::....: w 0 L9 S 37'26'45" E 51.44' t= > 1-11..10 <.>O"lj' . Z < o~ L10 S 07'26'48- W 813.66' => ~(I')o~ I-5INo 0" ::E:<.> <.> w I NOTE: ~ I ;:) SEE ATTACHED FIELD NOTE n.. I DESCRIPTION l- S 89.15'3~" W Z I w >-::E 119,76 I <-' ~~ 1(1') I L...Z i 0- I .!.,Ii;<.> I ::E:D::I- Cl~<.> I POINT OF o::z~ I BEGINNING ..,01- ~t [ POINT OF I .... I UNITED STATES OF AMERICA COMMENCING ~(I') "::1- TRACT NO. G-622 (I') FILED JULY 31, 1952 w ~ I NOTE CIVIL NO. 782 I 1.} F.t.I. 423 (VARIABLE WIDTH R.O.W.) AS SHOWN ON THE RIGHT-OF-WAY MAP, DENTON COUNlY, ! F.M. 423, FROU EXISTING STATE HWY, 24- T. SOUTH ACROSS GARZA-UmE ELM RESERVOIR I TO STATE HWY 121, OBTAINED FROM THE TEXAS DEPARTMENT OF TRANSPORTATION Of'FlCES. I I BEARINGS SHOWN HEREON ARE BASED ON TRUE NORTH AS DETERMINED WITH GLOBAl POSITIONING SATTUTE EQUIPMENT I DAlE: 07/01/05 EXHIBIT B , Carter::Burgess SHEET SCAlE: ," - 200' 50 WIDE TEMPORARY ! CONSTRUCTION EASEMENT CARTER Ie BURGESS, INC. i i DRAWN BY, T. GOSSEn OUT OF THE 'i~ EUI8AOOK 0RlVE. SUI1E ~ f 3 3 1lAUAS. 1)( 15247-4981 I OF DAVID LAWHORN SURVEY SURVEY ABSTRACT NO. 727 (214} 6311-0145 I CHECKED BY: S. PATTON IN DENTON COUNTY. TEXAS f l 1:\SlO\LONESTAR\02292904\GRA \ TR12EX04C.OWG , t . t I ! f ------ --- ----------- -- r- ---, I I j i ! I , . , , . ! 1 Ei I \ \/ V'" '''.,PPDJ::D5~J ~/EL~,PHE~.JT "". /.:::./" l I ~D[K H 1 '.oJ " "-, ,/ /SU~\I( '( >;;/ I / 5 U I '^ '-'.' R~'~ /: t '\ .... R R ~ ,/ """ f>-'v-\\--\G IJ 727 ",' / ... I ..-' , ,. . I..- I \ ' I , -B B.B . ~~\I('(~' ~f~~,.<u~\I ~S\RP'X:.\ ~ ~ .;,/ ,1/ ~ i i . n ':> '6 \ .! " ~ ' ~ " / ' I ( '\ ~ ,'.oJ1 ",. 4. ./ ~ I .. 'Sc..,?,p..[ \. 21 '<"'~I .~. ...~"\..// :> ~~>>-~i\ // .-' , '~', -' ~ ~ ",'< ("'\ . '\ \~:k '~" . BLOCK 0 .' <?;~':~'" ' /" /T~CT I / 8:~~ I.('~,:> ~~ ;:~::"(J~~~l> .,/ SCALE: /' = 21210' PUlTE H!lME:. CF TEXAS. LP ""J/ ..., ? ',- . .:/,:~~<<",... /><.../ /\ [CiI 20"4-1!834~ ' '- ".p ~...... ~ <~ I OR;::CT '\. /1 "0 ...~ "--/' "<$.~'V~~ LINE BEARING iJI5TANCEl I \" :J I 1'\ . <>.'~. <> "N 8-""". · 8SS.... 1 "\ '-... 19! ../.:;:.~ <,.". L2 5 46'15'11" W 2<\ 33' , J i!:" / l3, S .,.".".. " .'''3. 6 ) I L4 i '" 36.32'4"''' ~J 2-16S' I PRO"'DSE OEVElOPrtEtH B JaCK L / / I ' '" ~ ~ /" PROPOSED DEVElOPI1ENT ~~~ I 18 I ~. '/' TRACT 2 I , 7. ] PlVE I<lNES OF "'AS. lP I ~ CCll 20134-118342 , GRCCT I NAlO LANDSCAPE BUFFER TO~AU.ED BYPUlTE....... AP JELY885FEETINLENGlH 'GER LANE REVESTED RSCRIF'TlVE R:::!W TP.ACT -6.2l1H2E [IV:L '161 KRUGER LANE R P P. D --;- REVESTED PERSCRIPTIVE R 0 t.I I TRACT G-62B-4E . CIVIL toJO %i 30"'" - RPROCT / 21'l' IJ. scp I I I Ei PROPOSED 3!i1' I NQP.MAN LANG. / SANIT AP.Y SE:.iE~ I .'\ ACRE PATRICIA LANG AND / EASEI1ENT I ~ \ JENNIFER LANG / I !#~ CCll 2~la4-B5191 't' USA '\ DmT 1 -.Iff I 't' "'- TRACT ~SD~\jt.'1 / . I.,j~l..i ~#J~ CAB 2. PG. "l4 ~~~ \1 \..~"'r\OI<NO ~ / UN!TED STATES DC AMERle. -PR:JCT........ ~~t::j 12 k ~~ V 5 ~I Up.. \11 \R~\\ . / TP.ACT NO G-523 10 9,f> ""- ~ jjS \-0 / CIVIL ~JC 772 ~ ;:}- / ~' E ~ RP.R LJ.C T I II L1 I)~ ~I / LEGam l I ~~ Q ~'t::j ~l / RP R D [T - REAL PJ<OFEP.TY RE;:ORllS I . I. '<'",j ,--y DENTON cou:-tT't. TEXAS I I i ~~c ~ I X~^,Q-~Ii alj ~I P.P. D [: T - PLA T RECORDS DENTON t i COUNTY. TEXAS I I 1 ! o R.D [T - DEED ~ECORDS DENTON i Q;- ~ . I~I i , COUNTY. TEXAS NOTE: ! ~ i " / IRF - IRIJN ReD FOUND i ! SEE A IT ACHED FIELD NCTE i I ! RO W, - RIGHT -OF -~JA '( DESCRIPTION (EM) - CONTROLLING MGNUtlENT ! i I 1 BEARI~'GS :iHOWN HEREON ARE eASED ON TRUE NORTH AS m:,ERrllfo.ED wlTW GLOBAL PC5[TIONING S"TTLlTE EDUIPtlt~:T ! I lJ,\lE' B5'B'FaS EXHIEIT p, I I I I Carter::Burgess ! SHEET SCAL[' ,- : ~. e0' l-JIDE 5ANE ARY 5EI--JE ~ i EA5Et'IENT CARTER t. BURGESS. lNC /3 Dl<AWN BY' T GOSSEH OUT IJf' THE: 7QSlI [U1a:lOOO: IIRI'IE. SUITE ~" 3 R !JUNLA? SURVEY SlRVEY ABSTRACT NO 3'32 IIALLAS- Tx 7SO'''7-'''l6' OF DAVID LAWHORN SURVEY SURVEY ABSTRALT NO 7 7 <21... 636-41'''5 I C>lEClCED By, 5 PA now IN THE CITY [)' FRISCO. CE:NTON OJUNTY. TEXI S .... I L I:\SL D\LONE5T I A IT ACHMENT 6 i I I I