HomeMy WebLinkAboutResolution No. 2010-068
CITY OF THE COLONY, TEXAS
RESOLUTION NO.2010- O U
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT REGARDING GROUND LEASE
CONCERNING WYNNWOOD PENINSULA, L.P.; AND PROVIDING
FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on July 21, 1997, the City of the Colony, Texas (hereinafter referred to as the
"City"), and Wynnwood Peninsula, L.P., executed a ground lease agreement concerning a parcel of
land commonly referred to as Wynnwood Peninsula located within the City of The Colony, Denton
County, Texas; and
WHEREAS, on July 20, 1998, the City, Wynnwood Peninsula, L.P., and Wynnwood
Army, L.L.C. entered into a First Amendment to the Ground Lease concerning Wynnwood
Peninsula; and
WHEREAS, on April 21, 2008, the City and Wynnwood Army, L.L.C. entered into a
Second Amendment to the Ground Lease concerning Wynnwood Peninsula; and
WHEREAS, Wynnwood Army, L.L.C. has subleased a portion of the golf course
premises to Wynnwood Peninsula Golf, L.L.C., further Wynnwood Peninsula Golf, L.L.C. has
requested Texas Capital Bank to advance a loan to Tribute Partners, L.P., an affiliate of Wynnwood
Army, L.L.C.; and
WHEREAS, the Agreement Regarding Ground Lease attached hereto as Exhibit A, is
necessary for Texas Capital Bank to provide a loan to Tribute Partners, L.P. for the construction of
an 18-hole golf course and related amenities on the golf course premises located in Wynnwood
Peninsula.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
SECTION 2. The City Council of the City of The Colony, Texas, does hereby approve the
Agreement Regarding Ground Lease, a copy of which is attached hereto as Exhibit A, by and
between the City of The Colony, Texas, and Texas Capital Bank, N.A.
SECTION 3. The City Council of the City of The Colony, Texas, does hereby authorize
the City Manager to execute the Agreement Regarding Ground Lease, a copy of which is attached
hereto as Exhibit A.
SECTION 4. This Resolution shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 2nd day of AUGUST, 2010.
e McCou , Mayor
r
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
T
,5 ! 9 ~ ` f Y
teo Amy{- ye •eo
Page 2
Exhibit A
[Agreement Regarding Ground Lease]
Page 3
AGREEMENT REGARDING GROUND LEASE
THIS AGREEMENT REGARDING GROUND LEASE (this "Agreement") is made and
executed this 2"d. day of August, 2010, by THE CITY OF THE COLONY, TEXAS ("Landlord"), in favor
of TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking corporation ("Lende
RECITALS:
A. Landlord is the owner of a leasehold interest in and to certain real property in Denton
County, Texas (the "Property"), which is derived from a certain Lease (the "Prime Lease") dated
October 9, 1997, by and between the Secretary of the Army (the "Prime Landlord") and Landlord.
B. Pursuant to a certain Ground Lease Agreement (the "Original Lease") dated July 21, 1997
Landlord leased a portion of the Property to Wynnwood Peninsula, L.P., a Texas limited partnership
("WP"). WP thereafter assigned its rights under the Original Lease to Wynnwood Army, LLC ("Tenant")
pursuant to that First Amendment to Ground Lease Agreement between Landlord, WP and Tenant dated
July 20, 1998 (the "First Amendment") and the document was subsequently amended by that certain
Second Amendment to Ground Lease Agreement, dated April 21, 2008 (the "Second Amendment"). The
Original Lease together with the First Amendment and the Second Amendment is herein referred to as the
"Lease". Tenant has subleased a portion of the Premises (the "Golf Course Premises") to Wynnwood
Peninsula Golf LLC ("Wynnwood") pursuant to a certain Sublease Agreement dated August 7, 1998 (the
"Sublease"), as more particularly described therein and incorporated by reference in this Agreement.
Whenever the term "Lease" is used hereinafter, the same shall mean and include the Lease only as it
applies to the Golf Course Premises and no other real property.
C. Wynnwood has requested that Lender advance a loan to Tribute Partners, L.P. ("Tribute
Partners"), an affiliate of Tenant (the "Loan"). The Loan will be secured in part, by the liens and
provisions of a certain deed of trust (the "Deed of Trust"), covering, among other things, all of Tenant's
right, title and interest under the Lease to the extent of the Golf Course Premises only and all of
Wynnwood's rights under the Sublease. The collateral covered by the Deed of Trust is collectively called
the "Mortgaged Property." The Deed of Trust and all of the other documents and instruments which
evidence or secure the Loan are sometimes collectively called the "Loan Documents."
D. The proceeds of the Loan will be used by Tribute Partners, in part, to refinance a loan
made by Textron Financial Corporation in 2003 for the construction of an 18 hole golf course and related
amenities on the Golf Course Premises (collectively, the "Golf Course").
E. As a condition to Lender's agreement to advance the Loan to Tribute Partners, and as a
material inducement to Lender to do so, Lender has required that Tenant obtain this Agreement for the
benefit of Lender.
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and
confessed, Landlord hereby agrees as follows:
1. Default by Tenant. Landlord hereby agrees to deliver written notice to Lender of any
default by Tenant under the Lease simultaneously with the giving of such notice to Tenant, which written
notice shall specifically describe each alleged default of Tenant. Following Lender's receipt of any such
notice, Lender shall have the right, but shall not be obligated, to cure any such default of Tenant as
follows:
AGREEMENT REGARDING GROUND LEASE - Page 1
(a) within 30 days after Lender's receipt of a written default notice from Landlord if
the alleged default is a failure by Tenant to pay any of its monetary obligations under the Lease
attributable to the Golf Course; or
(b) within 60 days after Lender's receipt of a written default notice from Landlord for
an alleged default under the Lease attributable to the Golf Course other than one described in
Section 1(a) of this Agreement (a "Non-Monetary Default"); provided, however, that if such Non-
Monetary Default cannot be diligently cured within such 60-day period and Lender provides
Landlord with written notice within such 60-day period of the curative measures which it
proposes to undertake with respect to such Non-Monetary Default, the time to cure such Non-
Monetary Default shall be extended as may be necessary to fully cure the same, provided that
Lender is diligently attempting to (i) cure such Non-Monetary Default, (ii) take title to the Golf
Course Premises, either by prosecuting a foreclosure of the Deed of Trust, a deed in lieu thereof
or otherwise or (iii) obtain Tenant's rights under the Lease.
2. Acquisition of Property by Lender. If Lender succeeds to the interest of Tenant in and to
the Lease by means of foreclosure under the Deed of Trust, a transfer in lieu thereof or by any other
means, Landlord shall hereafter accept, recognize and treat Lender as the tenant under the Lease, and
Landlord shall continue to perform all of its obligations under the Lease attributable to the Golf Course.
Lender may thereafter, with the consent of Landlord, sell, convey, assign, transfer or sublet, in whole or
in part, its right, title and interest in and to the Lease.
3. Representations by Landlord. Landlord hereby represents and warrants the following to
Lender:
(a) Landlord acknowledges the Loan and consents to Tenant's assignment of the
Lease to Lender as collateral therefor;
(b) Landlord consents to the creation of the liens by the Deed of Trust and the Loan
Documents on the Golf Course Premises;
(c) Landlord consents to an absolute assignment of any and all rents due and owing
to Tenant under the Sublease and waives any right, title or interest Landlord may have therein;
(d) Landlord acknowledges that the Golf Course has been constructed in accordance
with the plans and specifications previously approved by Landlord;
(e) Landlord acknowledges that the Golf Course is being operated by American Golf
Corporation in accordance with the operational standards established by the Lease;
(f) Neither the Lease nor the Prime Lease have been modified, altered or amended
except as described herein, and the Lease and the Prime Lease are each in frill force and effect;
(g) Landlord has not received any notice of default from the Prime Landlord under
the Prime Lease;
(h) Tenant is not in default of any of its obligations under the Lease and no events
have occurred which, with notice, the passage of time or both, would constitute a default in any of
Tenant's obligations under the Lease;
AGREEMENT REGARDING GROUND LEASE - Page 2
(i) Except as described herein, Landlord has no knowledge of any prior assignment
or pledge of Tenant's interest in the Lease;
0) Landlord has not mortgaged or otherwise encumbered its interest in the Premises;
(k) To the best of Landlord's knowledge, Landlord has no current right to terminate
the Lease based on any acts or omissions of Tenant as of the date hereof,
(1) Landlord has all requisite power and authority to execute and deliver this
Agreement; and
(m) To the best of Landlord's knowledge, the Lease has been approved by the Prime
Landlord.
4. Covenants and Agreements by Landlord. Landlord hereby covenants to and agrees with
and for the benefit of Lender as follows:
(a) The Lease shall not be amended or modified after the date hereof without
Lender's prior written consent, which consent shall not be unreasonably withheld;
(b) Landlord will not amend or modify or agree to terminate the Prime Lease without
Lender's prior written consent, which consent shall not be unreasonably withheld;
(c) Landlord shall not mortgage or encumber the Golf Course Premises or any of its
interests therein without Lender's prior written consent (which consent shall not be unreasonably
withheld), except for mortgages and other encumbrances which are subject and subordinate to the
Deed of Trust;
(d) In the event of any termination of the Lease (including, without limitation, any
termination pursuant to the Federal Bankruptcy Code), (i) Lender shall have the right to require
that Landlord enter into a new lease agreement with Lender within 45 days after the date on
which Lender receives written notice of the termination of the Lease, and (ii) subject to the
approval of the Prime Landlord, Landlord and Lender shall enter into such new lease agreement
on the same terms and conditions as the Lease, as modified by this Agreement, within 30 days
after Landlord receives Lender's request;
(e) Landlord agrees that Lender may exercise any and all rights and remedies Lender
may have against Tenant or Tribute Partners arising under the Loan Documents or existing at law
or in equity, including the acceleration of any indebtedness secured by the Loan Documents
without prior notice to or the consent of Landlord, provided that nothing herein shall obligate
Lender to exercise any such rights against Tenant or Tribute Partners; and
(f) Landlord shall deliver to Lender copies of any and all notices received by
Landlord that Landlord is in default under the terms of the Prime Lease or that the Prime Lease
has been or will be terminated, within 15 days of Landlord's receipt of such notice.
5. Subordination of Lien. Landlord hereby subordinates, for the term of the Loan, any and
all liens and security interests of every kind Landlord has against the inventory, furniture, fixtures and
equipment located on the Premises ("Personalty"), including but not limited to, the lien and security
interest described in Section 4.03 of the Lease to the liens and security interests of Lender in the
Personalty. Lender shall have the right to remove the Personalty from the Premises only during the term
i
AGREEMENT REGARDING GROUND LEASE - Page 3
of the Lease and for a period of 60 days after Landlord has given written notice to Lender that the Lease
has been terminated. If Lender undertakes such removal, Lender shall be obligated to repair, at Lender's
expense, any damage to the Premises caused by the removal of any Personalty. If Lender fails to remove I
such Personalty during the term of the Lease or within 60 days after receiving written notice from
Landlord of the termination of the Lease, such Personalty shall be deemed to have been abandoned by
such Lender.
6. Notice of Leasehold Deed of Trust. This Agreement shall constitute notice to Landlord
of the Deed of Trust. Lender's address for notice is as set forth in Section 7 of this Agreement.
7. Notices. All notices given under this Agreement (and under the Lease to Lender) shall be
in writing and shall be given in accordance with the requirements of Section 30.01 of the Lease. The
respective addresses for Landlord and Lender are as follows:
The City of the Colony, Texas
6800 Main Street
The Colony, Texas 75056-0008
Attn: City Manager
Texas Capital Bank, National Association
2000 McKinney Avenue, Suite 700
Dallas, Texas 75201
Attn: Lacy Newman, Executive Vice President
With a copy to:
Winstead PC
5400 Renaissance Tower
1201 Elm Street
Dallas, Texas 75270
Attention: Lorin Williams Combs
The addresses for notice may be changed upon written notice given by such party as provided in the
Lease.
8. Conflict. In the event of any conflict between the terms of this Agreement and any of the
terms of the Lease, the terms of this Agreement shall govern and control.
9. Further Acts. Landlord agrees to execute and deliver to Lender from time to time such
reasonable certifications as Lender may request with respect to the performance by Landlord and Tenant
of their respective obligations under the Lease. In addition, Landlord agrees to execute and deliver to
Lender from time to time such other reasonable documents and instruments as may be requested in order
to effectuate the terms of this Agreement.
i
AGREEMENT REGARDING GROUND LEASE - Page 4
LANDLORD:
THE CITY OF THE COLONY, TEXAS
Name:
Title: !'f'i,{ GL_e
LENDER:
TEXAS CAPITAL BANK,
NATIONAL ASSOCIATION
i
By.
Name:
Title:-
AGREEMENT REGARDING GROUND LEASE - Signature Page
STATE OF TEXAS §
COUNTY OF DENTON §
This ' strument was acknowledged before me on 4 2010, by
T~" C 17 P4 1 A k2 A, of the City
of The Co ony, Texas, on behalf of the City of The Colony, Te as.
LuCAEHENDEASON
Am L 0MMM t ION 1 EXPIRES
Notary Public, State of Texas,.
My Commission Expires:
dIGY~I'?
f 0 - / IR QJ -19% Printed Name of Notary Public
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on 2010, by
A CAMA A, of Texas
CapitalBant, ational Association, on behalf of said national banking association.
'e,.~r►ylA`r LELA A NAGGAR
Notary Public, State of Texas
My Commission Expires
[S E A L]"•~ March 12, 2011
7Public, State of Texa
ary
My Commission Expires: LeU A A(~-
Aka,, ► (ik 1-2- , -2-0(1 Printed Name of Notary Pub c
I
I
AGREEMENT REGARDING GROUND LEASE - Acknowledgement Page
Dallas 1\5541534\4
13278-195
ExlRBrr
LEGAL DESCRII ON
TRACT A:
BEING A 605.795 ACRE TRACT OF LAND SITUATED IN THE T. LUCKETT SURVEY,
ABSTRACT NO352, BBB do CCR SURVEY, ABSTRACT N0:182,.AND THE S. PAYTON
SURVEY, ABSTRACT NO. 1009, IN THE CITY OF THE COLONY, DENTON, COUNTY,
TEXAS, AND BEING ALL OF TRACT 2, A CALLED 324.084.ACRE TRACT OF LAND
CONVEYED TO WYNNWOOD PENINSULA, LTD., BY DEED RECORDED IN COUNTY
CLERICS FILE 93-R0048821. A 56.594 ACRE TRACT OF LAND CONVEYED-TO
W YNNWOOD PENINSULA, LTD. BY DEED RECORDED IN COUNTY. CLERICS FILE NO
93.80087901, A 40.535 ACRE TRACT OF LAND CONVEYED BY DEED TO
WYNNWOOD PENINSULA, LTD. RECORDED IN COUNTY CLMUCSTILE NO. 94-
R6089415, A 40.000 ACRE TRACT OF LAND' CONVEYED TO WYNNWOOD
PENINSULA, LTD. BY DEED RECORDED IN COUNTY CLERKS FILE NO. 95-W76009, A
42.000 ACRE TRACT OF LAND CONVEYED TO WYNNWOOD PENINSULA. LTD. BY
D RECORDED IN COUNTY CLERKS FILE NO.97-R0086390,.AND TI✓iE
REMAINDER OF A CALLED 182.79 ACRE TRACT OF LANND CONVEYED BY DEED TO
ROT3PAT E. STRIPF RECORDED IN VOLUME 574, PAGE 604, REAL PROPERTY
s RECORDS OF DENTON COUNTY. TEXAS. SAID 605.795 ACRE TRACTOF LAND
BETN4 MORE PARTICULARLY DESCRIBED BY MMM AND BOUNDS AS FOLLOWS:
BEGINNING AT CORPS -OF ENGINEERS (C.O.E.) MONUMENT NO. C2414 FOUND AT
THE SOUTHWEST CORNER OF SAID 56.584,ACRE WYNNWOOD PENINSULA, LTD.
TRACT ;
THENCE, NORTH 01 DEGREES 26 MINUTIrS 52' SECONDS EAST, ALONG THE WEST
LINE OF SAID 56.584 ACRE WYNN'WOOD PENINSULA, LTD. TRACT. A DISTANCE OF'
1100.08 FEET TO A 314" IRON ROD FOUND-FOP, CORNER,
THENCE, NORTH 01 DEGREES 12 MINUTES 56 SECONDS EAST, CONTINUING
ALONG THE WEST LINE OF SAID 56.584 ACRE WYNNWOOD PENINSULA, LTD.
TRACT, PASSING THE SOUTHWEST CORNER OF SAID 40.533 ACRE TRACT OF LAND
CONVEYED BY DEED AT 49.89 FEET AND CONTINUING TN ALL A TOTAL DISTANCE
OF 865.32 FEET ALONG THE WEST LIMB OF SAID 40.535 ACRE TRACT TO A PENCE
CORNER POST FOR THE NORTHWEST CORNER OF SAID 40.535 ACRE TRACT;
THENCE, SOUTH 89 DEGREES 27 MINUTES 31 SECONDS EAST, ALONG THE NORrA
LINE OF SAD? 40.535 ACRE WYNNWOOD PENINSULA, LTD. TRACT, A DLSTANCE OF
2141.85 FEET TO A 1 t2" IRON ROD FOUND FOR THE NORTEIEAST. CORNER OF SAID
40.535 ACRE TRACT, SP.ID FORT, ALSO BEING THE MOST WESTERLY NORTHWEST
CORNER OF THE AFORESAID 324.084 ACRE WYNNWOOD PENINSULA, LTD. TRACT;
THENCE, ALONG THE MONUMENT PARTITION LINE BETWEEN TRACT Al. EX MIT
Page 1 of 11
A. AND TRACT B2, EXHIBIT B, DESCRIBED IN DEED OF PART-MON, REM WED IN
VOLUME 2163, FAGB 433, DEED RECORDS, DENTON COUNTY, TEXAS, AND BE NG
MW SAME LINE AS DESCRIBRD IN DEED OF SAID 324.084 ACR.I? WYNNWOOD
PENINSULA., LTD_, TRACT; THE FOLLOWING THREE COURSES ANA DISTANCES:
SOUTH 89 I}EGREES'42 MINUTES 25 SECONDS EAST, A DISTANCE OF 1113.32
FEET TO A 112 UON ROD FOUND FOR CORNER;
NORTH 00 DEGREES '44 MMTES I I SECONDS BAST, A DISTANCE OF 2347.37
FEET TO A. 1/2- IRON ROD FOUND FOR CORNM-
NORTH 53 DEGREES 47 MINUTES 45 SECONDS EAST, A DISTANCE OF. 3532.09
FEET TO A lh" IRON ROD FOUND FOR CORNER IN TM SOUTHLINE OF.
BOYD ROAD AS DPCRIBED IN DBED TO THE COUNTY OF DENTON
RECORDED NVOU ME400, PAGE 323. DEED REGARDS; PENTON COUNTY,
TEXAS;
TF l4m' SOUTH 89 DEGREES 36 MINLrM 23 SECONDS EAST, ALONG • OOD SOUTH
LINE OF HOYD ROAD AND THE NORTH LINE OF SAID 324.084 ACRE TRACT, A
DISTANCE OF 1160.97 FM TO A 1R" IRON ROD FOUND FOR14ORTIMA,.S"T COMM
OF SAID TRACT IN THE WESTLINE OF U.SA TRACT 0626 OF THE GAvA-LITTLI:
ELM RESERVOIR PROJECT (NOW CALLED LAKE LE"WISVIT.LE) CONVEM ICY
DEED RECORDED IN VOLUME 391, PAGE 423, DEED RECORDS, DENTON COUNTY,
TEXAS; .
THENCE, ALONG THE LAST LINE OF SAID 324.084 ACRE TRACT AND V.S.A: TRACT
NO 0-626 THE FOLLOWING SIX COURSES AND DISTANCES:
I SOUTH 19. DEGREES 20 ?AnA ..S'20 SECONDS EAST, PASSING CAS..
MONUMENT NO.' 626-7 FOUND AT 27.78 FEET, AND CON124U NG IN ALL A
TOTAL !DISTANCE OF 416.72 MT TO C.O.E. MONUMENT NO.0626-6 OUND
FOR: CORNER;
SOUTH 00 DP_GREES 35 MTPII= 31 SECONDS 'EST, A DISTAICB OF 403.72
FEET TO C.O.E. MONUMENT NO. 0626-5 FOUND FOR CORNER;
SOUTH 4S DEGREES•48'MINUT'E.S 38 SECONDS WEST; A DISTANCE OF 219:95
FEET TO C.O.B. MONUMF1 rr NO. G6264 FOUND FOIt comm,
SOUTH -21. DEGREES 42 MINUTES 53 SECONDS EAST, A DISTANCE OF 504.77
FEET TO C.O.E. MONUMENT NO. G626-3 FOUND FOR CORNER;
SOUTH 64 DEGREES 44 MIM(M 03 SECONDS EAST; A DISTANCE OF 55:21 - -
FEET TO C.OZ: MONUMENT NO. 0626-2 FOUND FOR CORNER;
SOUTH 16 DEGREES 23 MINUTES 14 SECONDS WEST, A DISTANCE OF 516.70
Page 2 of 11
• i
FEET TO C.03r. MONUMENT NO. G626-1 FOUNI)TOR CORER; i
THENCE, SOU'M 88 DBORM 52 MYNUM ZI SECONDS EAST, CONTnMWG ALONG
THE SOUTH LINE OF SAID U.S.A. TRACT G-626, A DISTANCE 0$180.76 FEET TO
C.O.E. MONUMENT NO. 0627-1 FOUND FOR CORNER, SAID POINT BEING THE
NORTIIf,Ab"T CORNER OF AFORESAID 182.79 ACRE ROBERT A. ST NW TRACT AND
TO NORTH WEST CORNER OF D.S.A. TRACT 6627 CONVEYED BY DEED
RECORDED IN VOLUME 385, PAGE 99 AND MODIFIED BY QUIT CLAIM DEED TO E.
SMITH AND ORA MAE SMITH RECORDED IN VOLUME 468, PAGE 418, REAL
PROPERTY RECORDS, DBNTON COUNTY, TEM;
THENCE, ALONG THE EAST LINE OF SAM STRIFE TRACT AND THE NEST LINE OF
U.S.& TRACT G627 THE FOLLOWING TEN COURSES AND DISTANCES;
SOUTH 32 DEGREES 43 MINUTES 30 SECONDS EAST, A DISTAXCE OF 719.96
FEET TO C.O.E. MONUMENT NO. G627-2 FOUND FOR CORNED.;
SOUTH 01 DEGREES 14 MINUTES 39 SECONDS WEST, A DISTANCE OF. 250.36
.FEET TO C.O.E. MONUMENT NO. G627-3 FOUND FOR CORMP-4
NORTH 77 DEGREES 49 M[NIJTES 13 SECONDS WEST; A DL13TANCE OF 250.67
• FEET TO C.O.E. MONUMENT NO. G6274 FOUND FOR CORNER;'
~
NORTH 27 DEGREES I I MINUCES"57 SECONDS WEST, A DISTANCE OF 277.42
FEET TO C.O.E. MONUMENT NO. G6274A TOUND FOR CORNER,'AT THE
SOUTH CORNER OF A 0:23 ACRE TRACT OF LAND CONVEYED FROM
ROBERT E. STRIEF TO U.S.A. BY DEED RECORDED IN VOLUME 2457, PAGE
193'. REAL PROPERTY MORD, DENTON COUNTY, TEXAS;
NORTH 03 DEGREES 56 MMM 27 SECONDS EAST, A DISTANCE OP 98.26
FEET TO C.O.E. MONUMENT NO. 0627-4B FOUND FOR CORNER;
NORTH 17 DEGREES 12 MINUTES 22 SECOND$ WEST,. A DISTANCE OF 117.41
FEET TO C.O.B. MONUMENT NO. 06274C 11OUND FOR CORNER;
SOUTH74 DEGREES 15 MINUTES 55 SECONDS WEST, A DISTANCE OF 72.63
FEET TO C.O.E. MONUMENT NO. 06274D FOUND FOR CORNER;
NORTH 27 DEGREES 1 I MINUTES 57 SECONDS WEST, A DISTANCE OF 148.34
FEET TO C.O.E. MONUMENT NO. 0627-5 FOUND FOR CORNER;
SOUTH 19 DEGREES 07 MINIM 15 SECONDS WEST, A DISTANCE OF 443.35
FEET TO C.O.B. MONUMENT NO, G627-6 FOUND FOR CORNIER;
SOUTH 24 DEGREES 59 MINUl7BS 05 SECONDS EAST, A DISTANCE OF 499.68
FEET TO C.O.E. MONUMENT NO. 627-7 FOUND FOR CORNER, SAID POINT
Page 3 of r'
;mot
BEING THE NORTHWEST CORNER OF A U.S.A. TRACT.G628 CONVE'YFI} BY
DEED RECORDED IN VOLUME 385, PAGE 99 AND MODIFIED BY QUIT C LAJM
DEED TO B. SMi TR AND ORA MAE SMITH RBCORDBD IN VOLUME 468. PAMS
418. REAL PROPERTY RECORDS, DENTON COMM, IBM;
i~
,
THENCE, CONTINUING ALONO THE EAST LWB OF SAID STRIFE TRACT AND THE
WEST LING Ole SAID U.S.A. TRACT 0628 THE FOLLOWING THRfi6. COURSES AND
DISTANCES: ,
SOUTH 30 DEGREES 03 MINUTES 06 SECONDS WEST, A DISTANCE OF.393.89
FEET TO C.O.B. MONUMENT NO. 062&2 FOUND FOR CORNER;
SOUTH 47 DEGRMES 31 WNUlt 21 SECONDS WEST, A DLSTAN(M OF .
1038.81 FEET TO C.02. MONUMENT NO. 0628-3 FOUND TOR CORNER;
SOUTH 14, DEGREES .19 MIND 13534 SECONDS WBST, A DISTANC; OR 196.43
FEET TO C.0.11-MONUMENT NO.OW -4 FOUND FOR CORNER IN THE SOUTH
LINE OF SAID STRIFE TRACT;
THENCE. NORTH 88 DEGREES 23 MINUTES 26 SECONDS WEST, ALONG THE SOUTH
LINE OF SAM STRIEF TRACT A DISTANCE OF 37597 FEET TO A SM" IRON ROD
WITH PLASTIC CAI' STAMPED 'CARTER & BURGESS" SET FOR.CORNER; .
THENCE, CONTINUING ALONG SAID SOUIE LINE AND THE NORTHWESTERLY
LINE OF U.S.A. TRACT 0628, THE FOLLOWD40 TWO.COURSES AND DISTANCE.-
NORTH 43 DEGRM 44 MINUTES S2 SECONDS WEST, A DISTANCE. .OF 148.52
FMT TO TIME REMAINS OF C.O.E. MOMJMENT NO. 0628-6 FOUND FOIL
CORNER,-
SOUTH 09 DEGREES 08. MINI' M 14 SECONDS WEST, A-DLSTANCE OF 113.21
FEET TO A 1/2" IRON ROD FOUND FOR CORNER IN THE SOUTH LW QF'SA.ID
STRIEF TV ACi ; . ,
THENCE. NORTH 88 DEGAEM 56 MINUTES 00. SLCONb8 WEST,'CONTINUING
nwo Tim SAID SOUTH LINE OF STRIFE TRACT, A DISTANCE OF 2.85. FEET TO A
5/8" IRON ROD WTCH PLASTIC CAp STAMPED "CARTER & BURGESS" SBT FOR
CORNER IN THE-SOUTHBASTERLY LINE OF AFORESAID.324.084 ACRER/YNNWOOI)
PENINSULA, LTD:, TRACT AND THE NORTHWESTERLY LINE OP U.S.A.. TRACT NO
0608 CONVEYED BY CONDEMNATION DEED RECORDED IN VOLUME 384, PAGE 162
AND MODIFIED BY QUIT CLAM DEED TO-O.N. SEAGRAVES, BT UX RECORDED IN
VOLUME 465, PAGE 694, DEM RECORDS, DENTON COUNTY, TEXAS;
THENCE, ALONG SAW SGUTUASTERLY LINE OF 324.084 ACRE TRACT AND SAID
NORTHWESTERL'Y' LINE OF U.S.A. TRACT G608 THE FOLLOWING SEVEN COURSES
AND DISTANCES:
u~►
SOUTH 42 DEGREES 33 MIlVI rf ES 37 SBCONDS'o1 M, A DISTANCE OF 337.43
FEET TO C.O.E. MONumwr NO. 03608-10 FOUNT) FOR CORNER;
SOUTH 15 DEGREES 59 MINUTES 41 SECONDS WEST, A DISTANCE OF 199.68
PEST TO C.O.E. MONUMENT NO. G608-9 FOUND FOR CORNER;
NORTH 83 DES 16 MINUTES 00 SECONDS WEST, A DISTANCE OF 199.79 I
FEET TO C.O.E. MONUMENT NO, G608-8 FOUNT) FOR CORNER;
SOUTH 20 DEGREES 15 MBUM 25. SECONDS WEST, A DISTANCB OF 230.29
FEEL' TO C.O.E. MONUMENT NO. GM8-7 FOUND FOR CORNM
NORTH 31 DEGREES 01 hlft4U`M 55 SECONDS WEST, A DISTANCE OF 559.14
FEET TO C.O.E. MONUMENT NO. G608-6 FOUND FOR CORNER;,
NORTH 53 DEGREES 42 N i BS 38 SECONDS WEST, A DISTANCE OF 119.89 .
FM TO C.O.E. MONUMENT NO. G608-5 FOUND FOR CORNER;
SOUTH 04 DEGREES 23 MINUTES I I SECONDS WEST, A DISTANCE OF 50.81
FEET TO C.O.E. MONUMENT' N0.603-2-3 FOUND FOR CORNER, SAID POINT
BEING TIM NORTH EAST CORNER OF U.S.A. TRACT NO. 0603-2 CONVEYED
BY CONDEMNATION DEED RECORDED IN VOLUME 383, PAGE 30 AND
MODIFIED BY QUIT CLAIM DEED LEONARD V. Gumm. ET AL RECORDED IN
VOLUME 419, PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS;
THENCE, CONTINUING ALONG SAID.SOUTKEASTERLY LINE OF 324.084 ACRE
TRACT AND THE NOR'T'H AND WEST LINES OF SAID U.S..A. TRACT 140.03603-2 THE
FOLLOWING TWO COURSES AND DISTANCES:
NORTH 68 DEGREES 44 MINUTES 45 SECONDS WEST, A DISTANCE OF 300.21
FEET TO C.O.E. MONUMENT NO. G603-2.2 FOUND FOR CORNER;
SOUTH 18 DEGREES 14 MINUTES 44 SECONDS HAST. A DISTANCE OF 850.05,
FELT TO C.O.E. MONUMENT NO. 0603-2-1 FOUND FOR CORNER; ✓
SCE, SOUTH 01 DEOWS 03 MINUTES 59.SECOMS, WEST, ALONG
CONTWMG ALONG THE SAID SOUTHEASTERLY LINE OF SAID 324.084 ACRE
TRACT, A DISTANCE OF 188.40 FEET TO C.O.E. MONUMENT. NO. 0303-1-13 FOUND
FOR CORNER SAID POINT BEING} THE NORT9&43T COR14M OF U.S.A. TRACT NO
0603-1 CONVEYED BY CONDEMNATIONDEED RECORDED IN VOLUME 383, PAGE
30 AND, MODIFIED 13Y QUIT CLAIM DEED,TO LEONARD V. GUMM, ET AL
RECORDED IN VOLUME 419, PAGE 46, DEED RECORDS, DWMN COUNTY, TEXAS:
THENCE, CONTINUING ALONG SAID SOUTHEASTERLY !ME AND THE
NORTHWESTERLY LM OF SAID RACT NO. G603-1 TI•TE FOLLOWING
U.S.A. ~
TWELVE COURSES AND DISTANCES.
Page 5 of 11
NORTH 70 DBGREBS 47 MINUTES 04 SECONDS, WEST,.A DISTANCE OF'699.72
FEET TO.-C.O.E. MONUMENT NO. G603-1-12 FOUND FOR CORNER;
SOUTH 20 DEGREES 17 MINUTES I I SECONDS EAST, A DISTANCE OF 775.43
FEET TO C.O.E. MONUMENT NO. G603-1-11 FOUND FOR CORNE k
SOUTH 48 DEGREES 19 MINUTES 12 SECONDS WEST, A DISTANCE OF 700.08
FEET TO C.O.E. MONUMENT NO. (1603.1-10 FOUND FOR CORNER;
SOUTH 89 DEGREES 03 MINUTES 12 SECONDS WEST, A DISTANCB OF 330.13
FEET TO C.O.E. MONUMENT NO. 6603-1-9 FOUND POR.CORNER;
NORTH 42 DEGREES 06 MINUTES 31 SECONDS WEST, A DISTANCE OF 499.78
FEET TO Cox. MONUMENT NO. 0603-11-8 FOUND I OR CORNER;
NORTH 75 DEGREES 21 MINUTES 37 SECONDS WFST. A DISTANCE OP 399.88
FMT TO C.O.E.. MONUMENT NO: G603-1.7 FOUND FOIL CORNER;.
SOUTH 2S DEGREES 31 WMJ72S 53 SECOND$ EAST, A DISTANCE OF 46027
FEET TO C.O,& MONUMENT NO. G603-I4FOUND FOR CORNER;
SOUTH 83 DEGREES 46 MIN(,J TFS 49 SECONDS WEST. A DISTANCE OF 450.32
FEET TO C.O.E. MONUMENT NO..GW -1-5 FOUND FOR CORNER;
NORTH 23 DEGREES 47 MMYTES 57 SECONDS EAST, A DISTANCE 01.300.02
FEET TO C.O.E. MONUM>NT NO. 0603-1-4 POUND FOR CORNER;. .
NORTH 45 DEGREES 50 MINUTES 26 SECONDS WEST, A DISTANCE OF 375.20
FEET TO C.O.& )dONUNM4TNO.'G603-1-3 FOUND FOR CORNER;
NORTH 1.8 DEGREES 18 MINUTES 20 SECONDS WEST, A DISTANCE OF 799.87
FEET TO C.O.E. MONUMENT NO. G603-1-2 FOUND FOR CORNER;.
SOUTH 06 DF,GRFM 02 MINUTES 45 SECONDS WEST,•A DISTANCE OF 1374.81
FEET TO C.OY_ MONUMENT NO. G603-1-1 FOUND FOR.CORNER IN THE
SOC>TH LINE-OF SAID 324.084 ACRE TRACT;
THENCE, NORTH 89 DEGREES 19 MINUTES 24 SECONDS WEST,. ALONG SAID SOUTH
PASSING C.O.E. MONUMENT NO. GW-1 AT 53998 FM AND CONTINUING IN
i.,iNE,
ALL A TOTAL DISTANCE. OF 55996 FEET TO A 1/2'IRON Rob FOUND FOR CORNER,
. ING THE SOUTHWEST CORNER 0P SAID 324.084ACRE 1NYNNWOOD
SAID POINT BE
PENINSULA, LTD., TRACT;
THINCE, NORTH 01 DEGREES 01 MlNUTES'50 SECONDS EAST, ALONG THE WEST
LINE OF SAID 324.084 ACRE TRACT, PASSING A 112" IRON ROD FOUND AT 132.80
FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 136.52 FEET TO A 518" IltON
Page 6 of 11
ROB WITH PLAMC CAP STAW
CORNER BEING k ® "CARTER lk BURGESS" SET FOR CO
WYWW005 pMMjSU j 1'RA~CTRNER OF AFORESAID-56-584 ACPX SAtU
%
GCB: NORTH 89 DEG
ES.10 bfftfEr 23 SECONDS WEST, ALONG
LM OF SAID 56.584
EGINNING ACRE TACT A DISTANCE OF 2153.69 FEET To TKB'SQL
AM CONTAIlVING 605.795 ACRES OF LAND MORE, OR L .POINT op
Page 7 of 11
I
1 1
EXHIRITA"" (f q )
and Except:
Fi t1rt~ a 35.000 acre tact of land 5itwted in the B.H.B. & C.RR. SURVEY. ADSiXA CT NO. 182, Dcwon Cvurny, Tea as.
and being a part of a 324AB4 acre tract of land conveyed to Wynnwood Peninsula, Ltd. by deed, recorded in CCM
93-RO04$821, Real Property Records, Denton County, Texas and being part of s 42.000 acre tract of land conveyed to
Wyanwood Peninsula, Lt& by deed, recorded in CCN 97.8008090, Real Property Records, Damson Cattety,Texas, said
35.004 acre tract, with refereace bearing being the North property line of said 42.000 acre tract, being intift particularly
described by metes and bounds as follows;
C0M]CM%lC7NG at a 10" iron rod found for the most Northerly Northwestatmer of said 324.084 arts tratx, same being
on the Snudtan tight-of-Way of Boyd Road (A variable width Right-of•Way):
THENCE South 53 degnmis 47 mnwtes 45 seconds West, along the Northwest line of Laid 324.084 acre tract and the
common South lire of a'tract of land described as tract A I and conveyed to Nichols; Trust by Deed, recorded in volume
2163..Prsge 433, Dad Raxrnls, Denton County, a distance of 203.81 feet to a 5/$" iron rod with yellow plastic cap
stamped "Carter & Rurgess" set for the PAINT OF BEGINNING;
THENCE, leaving said cwti an line, over and across said 324.094 acre tract raid said 42.000 we tract, rho following
courses and distances:
South 44 degrees 29 minutes 07 seconds East, a distance of 244.39 feet to 'a 51$" iron rod.with yellow plastic cap stamped
"Caner & Burgess" so for corner and being the beginning of a noo-tangettt curve to the left having a central antic of
29 degrm 14 minutes 15 seconds, a radius of 1695.00 feet and a long chord that best$ South 33 degrees 09 minutes 17
jecondc West a distance of $40.54 feet;
Along said ton-tangent curve to the left, an an distance of 859.94 feet to a SN' iron rod with yellow plastic cap stamped
"Carter & burp"' set for comer,
South I $ degrees 32 minutes 09 seconds West. a diatancc of 274.49 feet to a 3!8" iron rod with yellow plrstir cap stamped
"Garter & Durgess" set for tosser and being the beginning of a tangent curve to the right having a central angle of 22
degrees 12 minutes•47 seconds, a radius of 1565.00 fen and a long chtttd that bears South 29 degrees 3$ minutes 33
seconds Wenta distance of (42.94 foci;.
Along, said tangent iyrrve to the right. an arc distances of 606.7; feet to a 518" iron rod with yellow pta%lk cap stamped
"Caner & fiurgess" set for corner;
South 01 degrees 44 minutes 56 seconds West, a distance of 200 feet to a 519" irmi tod with yellow plastic cap stamped
"Carter gi, E3ur9ess" set for corner and being the beginning of a tangent curve to the left having a central angle of 11
deem 3$ minutes 43 seconds, a radius of 1685.00 feet and a long chord that bears South 34 dcgrw. 57 minutes (IS
womb West a diauncc of 340.42 feet;
Along raid tangent curve w the left, an arc distance of 341.00 feet to a 51$" iron rod with yellow plastic tap stamped
"Caner & Burgas" set for corner,
North 60 degrect 50 minutes 47 st:cnnds West, a dimance of 437.93 feet to a 5/8" iron rod with yellow plastic cap stamped
"Caner & Burgess" set for comer and being the beginning of a ungent curve, to the right having a antral angel of 24
i degrees 38 minutes 32 seconds, a radius of 332.50 feet and a king chord that bears North 4$ degrees 31 mirwics 31
itconds West s distance. of 141.90 W;
Along laid tangent curve to, the right, an an distance of 143.00 feet to a 516" iron rod.with yellow plastic cap stamcied
"Caner & f fccss" sea rte comer.
Borth 36dcgree, 12 minutes 15 seconds West, a distance of 536.49 feet to a 518" iron rod with yellow plastic cap stamped
"Carter tic liowrx" set for corner and being on the Northwest lint of aforesiud 324.084 acre tract and the common South
I
line of,aid Tract A 1,
O!Tl'NCE. North 5.1 degree- 47 mintMex 45 .,,mn& East, alone said
BEG MING tmd CONTAINING 35.000 ocm of ~aOp lire, • fi, 90224.04 foa tothGW
WW moa or hcs. PO
NOTE: Tlv company is prohibited from it4sun
the above Iegal ai. the area a gwatity or the lord dpcMW hereia. A aftmW in
desar9ption of the arc, or quamity of land is~ nm a r~oa '
but i, made poly for infomwtion amyor dat t~" or
iderttificatioo fwtiwfes and does twt override ltan 2 of Sehalu q~ us" t~eafewrect
:
i
Ii
I
TRACT O:
BEING A 5.707 ACRA TRACT OF LAND SITUATED IN THE BBB & CCR SURVBY,
ABSTRACT NO. L82, IN THE CITY OF THE COLONY,. DEmN COUNTY, TEXAS, AND
BEING ALL OF TRACT 1, 5.704 ACRE TRACT OF LAND CONYBYED TO W YNNWOOD .
PENwsui A,xTD., BY DEED RECORDED IN COUNTY dE7ZKS FILE 93=R004882If '
REAL PROPERTY RECORDS OF DE 4TON COUNTY, TEXAS. SAID 5.707 ACRE TRACT :
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A 5/8" IRON ROD WrM PLASTIC CAP STAMPED "CARTER &
BURGESS" SET FOR THE NORTHWEST CORNER OF SAID 5.707 ACRE WYNN WOOD
PEMNSULA, LTD. TRACT, SAID POINT BEING IN THE OCCUPIED SOUTH LINE OF
BOYD ROAD AS CONVEM BY DEED TO THE COUNTY OF DEMON RECORDED IN
VOLUME-400, PAGE 323, DEED RECORDS, DENTON COUNTY TEXAS, SAID CORNER
BEARS NORTH 89 DEGREF_S 24 MINUTES 17 SECONDS FAST 467.96 FEET PROM A
1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF A 324.094 ACRE TRACT ~
OF LAND CONVEYED BY DEED TO WYNNWOOD PENINSULA, LTD. RECORDED IN
SAID COUNTY CLERICS FILE 93-ROQ48821, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS;
TItt1 NCE, SOUTH 89 DEGREES 20 MINUTES 59 SECONDS EAST, ALONG SAM SOUTH
LINE AND THE NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCE OF 39420
FEET TO A 518" IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS" SET
FOR COMM
THEItiCE, SOUTH 89 DEGREES 12 MINUTES 44 SECONDS EAST, CONTINUING ALONG
SAID SOUTH LINE. AND THE NORTH LINE OF SAID 5.707 ACRE TRACT, A DISTANCE
'OF 229.80 FEET TO A FENCE CORNER POST FOR CORNER;
THENCE, SOUTH 08 DEGREES 02 MINUTES 19 SECONDS WEST, ALONG THE
NORTHERLY LINE OF U.S.A. TRACT G626 OF THE GARZA-LITTLE ELM RESERVOIR
p,,.... to
'ter
PROJECT (NOW CALLED LAKE LEWISVILLE) CONVEYED BY DEED RECORDED IN
VOLUME 3 $ 1, PAGE 423, DEED RECORDS, D04TON COUM , TEW; A DISTANCE
OF 49710 FEET TO C.O.E MONUMENT.NO. 626-10 FOUND FOR CORNER; .
THENCE, SOUTH 76 DECREES 03 MNUTES 46 SECONDS WEST, CON` INUINQ
ALONG SAID NORTHERLY LINE, A DISTANCE OF 309.51 TO A S/$" IRON ROD WITH
PLASTIC CAP STAMPED "CARTER & BURGESS" SET FOR CORNER-2. FEET SOUTH OF
AND 2.3 FEET WEST OF A FENCE CORNER POST;
THENCE, NORTH 23 DEGREES 31 MDAMS 15 SECONDS WEST, CONTINUING
ALONG SAID NORTHERLY MM A ,ULSTANCE OF 626.50 FEET TO THE POINT OF
BEORWING AND CONTAINING 5.707 ACRES OF LAND, MORE OK LESS..
I
PaRe,II of 11
~X/1rbr~' C3
Tract 7:
LEASEHOLD ESTATE HELD BY WYNNWOOD ARMY, LLC by virtue of that
certain Ground Lease Agreement dated and entered into as of
July 21, 1997, by and between City of The Colony, Texas, a
Texas municipal corporation, as Lessor (the "City of Colony")
and Wynnwood Peninsula, L.P., a Texas limited partnership
("Wynnwood Peninsula"), as Lessee, as amended by that certain
First Amendment to Ground Lease made and entered into on 20th
day of July, 1998, by and among the City of The Colony,
Wynnwood Peninsula and Wynnwood Army, LLC, as evidenced by that
certain Memorandum of Lease executed by The City and Wynnwood
Army, recorded on August 14, 1998, in File No. 98-073557,
Volume 4154, Page 1588, Real Property Records, Denton County,
Texas, (The "Wynnwood Master Lease") and being a portion of the
leasehold estate as established by that certain Department of
the Army Lease to Non-State Governmental Agencies for Public
Park and Recreational Purposes, Lewisville Lake, Texas, Denton
County, Texas, Lease No. DACW63-1-97-0677, dated October 9,
1997, made and entered into on October 9, 1997, by the
Secretary of the Army, U.S. Army Corps of Engineers, as Lessor
and the City of The Colony, as Lessee, as evidenced by that
certain Memorandum of Lease recorded on August 14, 1998,
recorded under Clerk's File No. 98-R0073558, Volume 4154, Page
1595, Real Property Records, Denton County, Texas (the "City
Lease Lease"), covering the following four parcels of land,
more fully described as follows:
LEASEHOLD PARCEL ONE:
BEING a tract of land out of the P. HIGGINS SURVEY, Abstract
No. 548, the J. GRAY SURVEY, Abstract No. 485, the R. DUNLAP
SURVEY, Abstract NO. 352, the S. PEYTON SURVEY, Abstract No.
1009, the T. LUCKETT SURVEY, Abstract No. 752, and the S.
CHOWING SURVEY, Abstract NO. 244, in the City of the Colony,
Denton County, Texas, being part of Tract C-241 described in
deed to the United States of America recorded in Volume 371,
Page 17 of the Deed Records of Denton County, Texas as modified
by deed recorded in Volume 468, Page 130 of the Deed Records of
Denton County, Texas, being part of Tract C-243 described in
deed tot he United States of America recorded in Volume 382,
Page 306 of the Deed Records of Denton County, Texas, being
part of Tract G-603 described in deed to the United States of
America recorded din Volume 383, Page 30 of the Deed Records of
Denton County, Texas as modified by deed recorded in Volume
i
i
419, Page 46 of the Deed Records of Denton County, Texas and
being more particularly described as follows:
COMMENCING at a point for the southwest corner of a 56.58 acre
tract of land described in deed to Wynnwood Peninsula, Ltd.,
recorded in Denton County Clerk's File No. 93-R0087901 of the
Real Property Records of Denton County, Texas; THENCE with the
south line of said 56.58 acre tract, North 8911815 East, a
distance of 400.00 feet to the POINT OF BEGINNING;
THENCE continuing with the south line of s56.58 acre tract,
North 89°18'15" East, a distance of 1753.69 feet to a point for
corner in the west line of a 324.08 acre tract described in
deed to Wynnwood Peninsula, Ltd., recorded in Denton County
Clerk's File No. 95-R0048821 of the Real Property Records of
Denton County, Texas;
THENCE with said west line, South 00°29'52" East, a distance of
136.52. feet to a point for comer;
THENCE with the south line of said 324.08 acre tract, North
89109'14M East, passing the southeast comer of said a distance
of 559.96;
THENCE leaving the south line of said 324.08 acre tract and
along the shoreline of Lake Lewisville, the following courses
and distances wit:
South 86°42'35" East, a distance of 145.08 feet to a point for
comer;
South 36°11'51" East, a distance of 277.47 feet to a point for
comer;
JSouth 67°00' 17" East, a distance of 265.20 feet to a point for
corner;
South 78°10'26" East, a distance of 358.75 feet to a point for
comer;
South 80°15'14" East, a distance of 217.16 feet to a point for
comer;
(South 03°24'27" East, a distance of 91.86 feet to a point for
comer;
{South 39°08'48" West, a distance of 760,86 feet to a point for
corner;
j South 72°49'36" West, a distance of 284.11 feet to a point for
comer;
jNorth 36°05'38" West, a distance of 289.51 feet to a point for
comer;
[North 83°06'43 West, a distance of 306.53 feet to a point for
corner;
[North 61°40'12" West, a distance of 288.74 feet to a point for
corner;
South 56°19'39" West, a distance of 96.44 feet to a point for
corner;
South 19°28'18" East, a distance of 290.70 feet to a point for
corner;
South 33°22'30" East, a distance of 261.65 feet to a point for
corner;
South 26°34'49" East, a distance of 201.79 feet to a point for
corner;
South 45°49'33" West, a distance of 167.86 feet to a point for
corner;
South 10043'12" West, a distance of 125.85 feet to a point for
corner;
(South 73°25'23" West, a distance of 163.99 feet to a point for
corner;
(South 15°04'41" West, a distance of 179.98 feet to a point for
corner;
South 03°39'52" East, a distance of 148.98 feet to a point for
corner;
South 39°2647" East, a distance of 194.75 feet to a point for
corner;
South 46°09'53" West, a distance of 236.44 feet to a point for
comer;
South 00°59'18" West, a distance of 193.86 feet to a point for
corner;
North 77°09'00" West, a distance of 315.57 feet to a point for
corner;
(South 77°00'49" West, a distance of 89.23 feet to a point for
corner;
South 44°00'50" West, a distance of 269.53 feet to a point for
comer;
South 87°54'13" West, a distance of 288.31 feet to a point for
corner;
South 73°02'40" West, a distance of 206.27 feet to a point for
comer;
South 23°30'45" West, a distance of 251.48 feet to a point for
corner;
(South 32°40'21" East, a distance of 190,88 feet to a point for
comer;
South 47'42'13 " East, a distance of 199.69 feet to a point for
corner;
North 89°14'12" West, a distance of 250.84 feet to a point for
comer;
(South 49°20'37" West, a distance of 282.12 feet to a point for
corner;
South 00°59'18" West, a distance of 193.86 feet to a point for
comer;
North 77°09'00" West, a distance of 315.57 feet to a point for
corner;
South 77°00'49" West, a distance of 89.23 feet to a point for
comer;
South 44°00'50" West, a distance of 269.53 feet to a point for
corner;
South 8754'13" West, a distance of 288.31 feet to a point for
comer;
(South 73°02'40" West, a distance of 206.27 feet to a point for
corner;
South 23°30'45" West, a distance of 251.48 feet to a point for
comer;
South 32°40'21" East, a distance of 190,88 feet to a point for
comer;
(South 47°42'13" East, a distance of 199.69 feet to a point for
corner;
North 89°14'12" West, a distance of 250.84 feet to a point for
comer;
South 49120'37" West, a distance of 282.12 feet to a point for
comer;
i
South 89°11'36" West, a distance of 585.46 feet to a point for
corner;
lNorth 32°29' 18" West, a distance of 522.99 feet to a point for
corner;
North 39°49'27" East, a distance of 339.41 feet to a point for
corner;
(North 32°34'02" West, a distance of 186.38 feet to a point for
corner;.
South 80°47'42" West, a distance of 501.40 feet to a point for
corner;
South 38°52'35" West, a distance of 416.57 feet to a point for
comer;
(South 14°04'03" East, a distance of 601.36 feet to a point for
corner;
South 00°49'08" West, a distance of 522.22 feet to a point for
corner; i
(South 33°42'29" West, a distance of 295.91 feet to a point for
corner;
South 56°19'40" West, a distance of 376.71 feet to a point for
comer;
(South 37°53'38" East, a distance of 170.15 feet to a point for
comer;
South 04°24'06" West, a distance of 194.52 feet to a point for
corner;
[North 64°59'53" West, a distance of 247.09 feet to a point for
comer;
South 85°36'15" West, a distance of 97,32 feet to a point for
corner;
South 48°35'44" West, a distance of 338.36 feet to a point for
comer;
1South 49°46'58" East, a distance of 571.39 feet to a point for
comer;
South 05°02'45" East, a distance of 254.61 feet to a point for
corner;
South 35°22'51" West, a distance of 283.62 feet to a point for
corner;
South 32°01'22" East, a distance of 140.77 feet to a point for
comer;
South 17°39'41" West, a distance of 172.23 feet to apoint for
corner;
North 86°49'20" West, a distance of 269.14 feet to a point for
corner;
North 58°27'57" West, a distance of 499.19 feet to a point for
corner;
South 37142'47" West, a distance of 414.89 feet to a point for
corner;
South 60°57'43" West, a distance of 307.36 feet to a point for
corner;
(North 69°50'31" West, a distance of 389.63 feet to a point for
corner;
[North 09°28'07" West, a distance of 317.62 feet to a point for
comer;
North 20°20'09" East, a distance of 214.79 feet to a point for
comer;
(North 15°15'54" East, a distance of 340,22 feet to a point for
corner;
(North 23°27'44" East, a distance of 674.94 feet to a point for
corner;
(North 07°2443" East, a distance of 752.23 feet to a point for
comer;
(North 04°24'06" West, a distance of 680.82 feet to a point for
corner;
[North 11 °48'37" West, a distance of 510.59 feet to a point for
comer;
[North 17°15'09" West, a distance of 226.52 feet to a point for
corner;
(North 35°1528" East, a distance of 289.54 feet to a point for
the southerly most southeast corner of a 252.10 acre tract of
I
land described in Sublease Agreement recorded in Denton County
Clerk's File NO. 93-R-0073558 of the Real Property Records of
Denton County, Texas;
THENCE with the south line of said 252,10 acre tract, South
69°41'21" East, a distance of 1339.78 feet to the southeast
comer of said 252.10 acre tract;
THENCE with the easterly lines of said 252.10 acre tract of
land, the following courses and distances to wit:
(North 56'10'12" East, a distance of 1637.73 feet to a point for
corner;
North 25°17'43" East, a distance of 542.22 feet to a point for
corner;
1North 01 °34'50" East, a distance of 942.83 feet to a point for
corner;
[North 89°4358" East, a distance of 408,54 feet to a point for
comer;
ISouth 00°42'28" East, a distance of 1130.18 feet to a point for
corner;
South 85°58'39" West, a distance of 207.95 feet to a point for
corner;
(South 03°56'17" East, a distance of 219.87 feet to a point for
comer;
]North 85°2752" East, a distance of 795.31 feet to a point for
comer;
JNorth 18°03'07" East, a distance of 1720.01 feet to a point for
the southeast corner of a 2.63 acre tract of land described in
Sublease Agreement recorded in Denton County Clerk's File No.
93-RQ073558 of the Real Property Records of Denton County,
Texas;
THENCE with the northerly lines of said 2.63 acre tract of
land, the following courses and distances to wit;
South 86°06'56" West, a distance of 326,88 feet to a point for
corner;
jNorth 88°59'31" West, a distance of 600.61 feet to a point for
corner;
North 78°17'30" West, a distance of 392.97 feet to a point for
corner;
[North 04'12'21 " East, a distance of 232.01 feet to a point for
corner;
North 85°28'03" West, a distance of 164.03 feet to a point in
the east line of said 252.10 acre tract of land;
THENCE with said East lines, North 00°41'45" West, a distance
of 259.46 feet to the POINT OF BEGINNING and containing 288.97
acres of land, more or less.
LEASEHOLD PARCEL TWO:
BEING a tract of land out of the R. Carter Survey, Abstract No.
321, in the City of The Colony, Denton County, Texas, being a
part of Tract C-239A described in deed to the United States of
America recorded in Volume 384, Page 162, of the Deed Records
of Denton County, Texas, as modified by deed recorded in Volume
465, Page 91 of the Deed Records of Denton County, Texas, and
being more particularly described as follows:
BEGINNING at a point for the northwest corner of a 40.35 acre
tract of land described in deed to Wynnwood Peninsula, Ltd.,
recorded in Denton County Clerk's File NO.94-R0089415 of the
Real Property Records of Denton County, Texas;
THENCE with the west line of said 40.35 acre tract, South 00
degrees 18'25" East, a distance of 765.22 feet to a point for
the northerly most northeast corner of a 252.10 acre tract of
land described in Sublease Agreement recorded in Denton County
Clerk's File No.93-R0073558 of the Real Property Records of
Denton County, Texas;
THENCE with the north line of said 252.10 acre tract, the
following courses and distances to wit;
South 88°22'28" West, a distance of 511.83 feet to a point for
comer;
North 48°01' 18" East, a distance of 612.28 feet to a point for
corner;
THENCE leaving said north line, along the shoreline of Lake
Lewisville, North 28°01'30" West, a distance of 355.58 feet to
a point for corner;
THENCE leaving said north line, along the shoreline of Lake
Lewisville, North 28°45'18" East, a distance of 612.28 feet to
a point for comer;
THENCE leaving said shoreline, North 89°34'44" East, a distance
of 477.39 feet to the POINT OF BEGINNING and containing 11.17
acres of land, more or less.
LEASEHOLD PARCEL THREE:
BEING a 2.635 acre tract of land situated in the T. Luckett
Survey, Abstract No. 752 and the P. Higgins Survey, Abstract
No. 548, Denton County, Texas and being a part of Tract C-241
as described in deed to U.S.A. recorded in Volume 371, Page 17,
of the Deed Records of Denton County, Texas, said 2.635 acre
tract having a bearings basis on the recorded bearing for the
north line of the 182.79 acre Robert E. Strief property,
recorded in Volume 574, Page 604 of the Deed Records of Denton
County, Texas, and its found monumentation on the ground, which
is part of a 605.79 acre tract of land owned by Wynnwood
Peninsula, Ltd., being more particularly described by metes and
bounds as follows:
COMMENCING at a Corp of Engineers Monument No. C241-2 found for
the southwest comer of a 56.584 acre tract of land described
in deed to Wynnwood Peninsula, Ltd., and recorded in CC#
93-R0087901 of the Real Property Records of Denton County,
Texas, and being the northwest comer of said Tract C241;
THENCE South 89 degrees 10 minutes 23 seconds East, along the
north line of said Tract C-241 and the south line of said i
56.584 acre tract, a distance of 400.00 feet to a 5/8 inch iron
rod with yellow plastic cap stamped "Carter Burgess" set for
comer;
THENCE over and across said Tract C-241, the following courses
and distances:
South 00 degrees 49 minutes 37 seconds West, a distance of
259.46 feet to the POINT OF BEGINNING;
South 83 degrees 56 minutes 44 seconds East, a distance of
164.03 feet to a point for corner;
South 05 degrees 43 minutes 43 seconds West, a distance of
232.01 feet to a point for corner;
South 76 degrees 46 minutes 08 seconds East, a distance of
392.97 feet to a point for corner;
South 87 degrees 28 minutes 09 seconds East, a distance of
600.61 feet to a point for comer;
South 87 degrees 40 minutes 35 seconds West, a distance of
1129.37 feet to a 5/8 inch iron rod with yellow plastic cap
stamped "Carter Burgess" set for corner;
i
North 00 degrees 49 minutes 37 seconds East, a distance of
410.45 feet to the POINT OF BEGINNING and containing 2.635
acres of land, more or less.
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