Loading...
HomeMy WebLinkAboutRes 2010-12-20 Development Agreement with Michael B. Nevil.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-12-20 A RESOLUTION ADOPTING DEVELOPMENT AGREEMENTS BETWEEN THE CITY OF ANNA AND MICHAEL B. NEVIL, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the "City") and Michael B. Nevil (the "Owner") desire to enter into a Chapter 43 and Chapter 212 Texas local Government Code Development Agreements (the "Agreementsj; and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that approval of the Agreements is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby approves the Agreements. attached hereto as EXHIBIT 1, EXHIBIT 2, and EXHIBIT 3, incorporated herein for all purposes and authorizes the City Manager to execute same on behalf of the City. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of December 2010. ATIEST: Res. 2010-12-20 Developer Agreement Michael B. Nevil.doc Page 1 of 1 12-14-10 STATE OF TEXAS ) ) COUNTY OF COLLIN ) CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s)(the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin County, Texas, as shown in the attached Exhibit A; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) ofthis Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Section 2. Except for the listed uses set out herein ("Listed Uses"), uses associated with the Proposed Additional Facilities, Proposed Additional Single Family Home Site, and Page 1 Proposed Additional Subdivision defined below, the Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, and any other legal uses of the Property that exist on the effective date of the this Agreement, without the prior written consent of the City. The Listed Uses are: 1. Private Airstrip. This use is limited to takeoff and landing of private non-jet aircraft: (i) owned, leased, or operated by---or operated with the express permission of-the Owner; or (ii) owned, leased, or operated by---or operated with the express permission of-up to but not exceeding six other owners of developed residential tracts in the event that the Proposed Additional Subdivision, defined below, is developed. Such use is an accessory use to residential property ownership by property owners or their invited guests. Such use does not include use or operation of the airstrip as a commercial venture generating revenue from charges for takeoffs, landing, or storage, other than charges to property owners in the Proposed Additional Subdivision for operation and maintenance costs. 2. Private Shooting Range for private, non-commercial shooting by the Owner or the Owner's guests or invitees provided that such use is not in violation of applicable City ordinance or state or federal law. 3. Fences 4. Non-commercial animal habitat without restriction on quantity, whether percent or in gross. 5. Non-commercial recreation vehicle riding, including 4-wheelers, motorcycles and motorized watercraft, provided that such use is not in violation of applicable City ordinance or state or federal law. Other than compliance with the City's ordinance(s) requiring the submission of one or more development plats to the extent applicable to the construction of the Proposed Additional Facilities defined below, and for compliance with the City's ordinance(s) requiring the submission or one or more subdivision plats to the extent applicable to the creation of the Proposed Additional Single Family Home Site and/or the Proposed Additional Subdivision defined below, the Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. Other than the Proposed Additional Facilities defined below, the Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City, or until 120 days after the Owner has submitted to the City a legal petition for voluntary annexation of the Property. The Owner also covenants and agrees that the City's AG-Agricultural District zoning requirements apply to the Property, and that the Property shall be used only for AG ­ Agricultural District zoning uses, other legal uses of the Property that exist on the Page 2 effective date of this Agreement (including the Listed Uses), uses associated with the Proposed Additional Facilities, residential uses associated with the Proposed Additional Single Family Home Site, and residential uses associated with the Proposed Additional Subdivision. Residential or single family use as mentioned in this Agreement shall not include manufactured or mobile homes. The Proposed Additional Facilities include the following: 1) The construction of a metal hanger not exceeding 50 feet in height and 20,000 square feet in area for private aircraft. Other additional uses of the building may include a shop/warehouse which shall be accessory to the primary use of the Property, and a business office which shall not involve more than 2,000 square feet. 2) The construction of two single family homes which shall not be manufactured or mobile homes. 3) The construction of a metal shop/barn not exceeding 50 feet in height and 6,000 square feet in area the use of which shall be accessory to the primary use of the Property. The Owner covenants and agrees to comply with all City of Anna Ordinances that would apply to the construction of the Proposed Additional Facilities if the Property were in the city limits of the City of Anna including any requirement to obtain a building permit from the City of Anna, pay permit fees, and comply with applicable building and construction codes. The Proposed Additional Single Family Home Site shall include a single subdivision of the Property to create one lot at least one acre in size the use of which shall be for single family residential use. The Proposed Additional Subdivision shall include the subdivision of the Property to create no more than six lots of at least one acre in size the use of which shall be for single family residential use. The Owner acknowledges that the submission of an application required for the creation of the Proposed Additional Subdivision shall constitute a petition for voluntary annexation of the property included in the Proposed Additional Subdivision by the Owner, and the property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Page 3 Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section or any annexation of the Property completed by the City after the Term of this Agreement. Section 4. Pursuant to Sections 43.035(b)(I)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The Proposed Additional Facilities, the Proposed Additional Single Family Home Site, and the Proposed Additional Subdivision shall be governed by the City ordinances, regulations and planning authority in effect at the time of filing of a permit application associated with any such project. Each of the three Proposed Additional Facilities listed in Section 2 is considered to be a separate project. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. dlJ .....~'l ~\S" c""'1' eJI.,. •"If')('0 Section 5. This Agreement is effective as of the date that both the City and the Owner ~ QJ ~t~) have duly approved, executed anil,Wd this Agreement. The initial term of this ~~~/' Agreement (the "Initial Term") is \ ears from the effective date. Upon expiration T / of the Initial Term~s(~eement shall automatically renew for up to one (1) additional J\ J ¥ extension term of ft 1ears unless--at least 120 days prior to the expiration of the IS- Initial Term or any extension term-the City or Owner provides written notice as set forth in Section 15 of this Agreement that either party intends to terminate the Agreement upon expiration of the Initial Term; provided, however, that even if this Agreement is extended for the five-year extension term, said extension and renewal of this Agreement shall not apply to the portion of the Property described in Exhibit A as Parcel 4, containing approximately 8.377 acres, and as to said portion of the Property this Agreement shall expire after the Initial Term. Accordingly, if this Agreement is extended for the five-year extension term, the term "Property" shall be deemed to exclude said Parcel 4, containing approximately 8.377 acres. The "Full Term" of this Agreement is defined as the period beginning on the effective date and ending on the date that this Page 4 Agreement terminates. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property, or a portion thereof, as applicable, to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as SF-E Single Family Residential -Large Lot District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, gives written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City as set forth in Section 15 of the Agreement. Section 8. This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect, and such void or unenforceable covenant shall be deemed to have been replaced with a valid, enforceable covenant governing the subject matter of the void or unenforceable covenant in a manner that gives effect to the parties' intentions as expressed in this Agreement. In the event that such court cannot or does not declare the replacement of such a covenant or in the event it is not practically possible to construe such a replacement, then the parties agree to have discussions and negotiations, promptly and in good faith, for the purpose of reaching an amendment to this Agreement that accomplishes all of the essential terms of this Agreement in a legally binding and mutually agreeable manner. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity The City hereby waives its governmental immunity from any such enforcement, but only to the extent of requiring specific performance of its obligations under this Agreement. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. PageS Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability or inability to annex the properties covered herein pursuant to the terms of this Agreement Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Section 15. All Notices and other communications hereunder shall be in writing and shall be deemed to be given when delivered in fully legible form by postage prepaid certified mail, return receipt requested. Notices shall be addressed to City or Owner and their respective legal representatives at the addresses set forth below: If to City: City Manager City of Anna P.O. Box 776 111 N. Powell Parkway Anna, Texas 75409 With Mandatory Copy to: Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Suite 205 Frisco, TX 75034 Ifto Owner: Brad Nevil 11588 Wild Rose Anna, Texas 75409 Page 6 Entered into this~day oiVcce~b c r-. ,2010. THE STATE OF TEXAS } COUNTY OF COLLIN } 1'J/Jt!­This instrument was acknowledged before me on theca1..day of ~tp.J(/" , 2010, by Philip Sanders, City Manager, City of Anna, Texas. ' ~~'f..~ i./~"";~ Natha J Wilkison:a\ !: My Commission Expires ~Of.$ 11/1312013 ~. IOwner D r/' f Printed Name: D/,AC/ Velh THE STATE OF TEXAS} COUNTY OFCDI/,''1 } cJ;­ 2010, by I{~ J t1,kJ" I 'Owner. ThA instrument was acknowledged before me on the~day of ..~~~~ Nath. J Wilkison ~[ \'" My cornmillSion Expires ~OF.;#-~ 11/1312013 Page 7 ~<5r1h (111138'43-Welt. 3678 feeti North 06°46'34-West, 51.54 feet to the PLACE OF BEGINNING and containing 8.377 acres. Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 02/05/2010 11:43:21 AM $32.00 BNOPP 20100205000120960 ~* EXHIBIT A SITUATED in Collin County, Texas in the J. C. Neil Survey, Abstract No. 659, including the four parcels ofland that have been identified in the Collin County Deed records under the following documentation and containing 95.408 acres of land more or less save and except the portions ofthe deeds within County Road Number 509: Parcell 10 acres -Document# 20090814001023300 Parcel 2 30.331 acres -Tract 2 of Document# 20090814001023290 Parce13 46.7 acres Document# 20000329000301970 Save and except an area described as Exhibit C. (Found after Parcel 3 legal) Parcel 4 8.377 acres -Document # 20100205000120960 Nevil Exhibit In Area "N" and "0" I" CR424 PARCEL 3 4i.1-"C. Ooc.umcnl,,~19m aUK!~1 J PARCEll 1CAC. 00<:. 02000061<C<>1il2)t!C(l SQd; ""'11 PARCEll 30.»1 Ae. Tliid 201 Doe.. ~14001C2l29O 1I1l1dt.bv. 1~1~1~IIJIJII~II~IIIII~I'IJI~lW 10:43:24 AM D1 114 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, Y A REMOVE AND/OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION F M ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURI ER OR YOUR DRIVER'S LICENSE NUMBER. Warranty Deed with Vendor's Lie Date: July 28, 2009 Grantor: CH-Seon, Inc., a Texas corporation Grantor's Mailing Address: 1200 IN. Central Ex Dallas, Texas 75 43 Grantee: Michael Bradley Nevil Grantee's Mailing Address: Consideration: Property (including any im e J. il Survey, Abstract as, more particularly described together with al appurtenances pertaining thereto, including all buildings, stru i vements located thereon as well as any right, title and interest of G acent strips, gores, streets, roads, alleys and rights-of-way, ent rights, air rights, easements, rights-of-way and other rights ¥!iIflll,ection therewith (all of the above described properties being to as the "Property"). None on ance and Warranty: Those exceptions to conveyance and warranty more ly set forth on Exhibit "8" attached hereto. Gftum~, for the Consideration and subject to the Reservations from Conveyance and the 10f2 ,....,'J'J1C1nP FoIder\090727-Nevil-CH-Seoo-WammtyDeedwitbVendorsLien.doc Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. CH-Seon, Inc. ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this _fl=-~___ Before me (notary printed name) on this day personally appear ,th ~f CH-Seon, Inc., a Texas corporation, known to me or proved to me throu ~I...fi!"" (State and DL or ID#) to be the person whose name is sJL(scribed to the foregoing iDltrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the 2", ;7&" NANCY WORLOW NOTARY PUBUC .. • 9T):TE OF TEAAS ~OOMM EXP. 7.10-2013 AYlER RECORDING RETURN TO: Mr. Michael Bradley Nevil 11536 Wild Rose Lane Anna, Texas 75409 20f2 C:\2009 Temp FoIdCI\090121-Nevil.cH-Seon-WammlyDeedwiIhV~ien.doc E X H I BIT "A" (CH-SEON, INC.) BE1NG situated In COLLIN County, Texas. in the J.C. Nell Survey, Abstract No. 659, being a resurvey of part of the 83.69 acres of land described In a deed from W.M. Sherley and wife, Roberta Sherley to Randell Hendricks dated December 13,1941, recorded In Volume 332, Page 631 of the COLLIN County Dead Records. being described by metes and bounds as follows: COMMENCING at an one-half Inch Iron pin foOtTd at the Nortneast corner of the Debra Meyers 12.018 acres. reference Volume 4792, Page 1599. In the South line of the Chapel Hill Investments. Ltd., 24.57 acre, reference Document No. 00-0018302. at the Northwest . comer of ttie Kenneth Morrison 5.006 acres, reference Document No. 00..0079089, at tha Junction of the canter of East-West County Road No. 424 with the center of County Road No. 509 from the South and In the common line between said Nell Survey and the John / Roland Survey. Abstract No. 784. THENCE South 2 degrees 48 minutes 33 seconds West, 487.49 feet with the East line of said 12.018 acre tract. tha West line of said 5.006 acre tract, the West line of the Kenneth Morrison 5.230 acre tract, referance Document No. 00..0079089. and the center of said County Road No. 509 to an one-half Inch Iron pin found at the Southeast comer of said 12.018 acre tract for the PLACE OF BEGINNING; THENCE South 2 degrees 48 minutes 33 seconds West, 487.49 feat with the East line of said 12.018 acre tract, the West Une of said 5.006 acre tract, the West line of the Kenneth Morrison 5.320 acre tract, reference Document No. 00-0079Q89, and the center of said County Road No. 509 to an one-half Inch Iron pin found at the Southeast corner of said 12.018 acre tract for the PLACE OF BEGINNING: THENCE South 2 degrees 48 minutes 33 seconds West, 343.82 feet with tha East IIna of said 83.69 acre tract, the West Une of said 5.320 acre tract, and the canter of said County Road No. 509 to a one-half Inch Iron pin set for a comer. THENCE up the center of sild Branch as follows: North 34 degrees 24 mlnutea 14 seconds East, 89.72 feet: North 74 deg~es 10 minutes 02 seconds East. 30.18 feet; North 33 degrees 53 minutes 02 slConds East, 119.35 feet; North 2 degrees 48 minutes 21 seconds East, 96.16 fleti South 89 degrees 29 minutes 04 seconds East. 24.52 feet to a point In said Branch at the Southwest comer of aaid 12.018 aen tract. and the Intersection of a small branch from the North: THENCE In an Easterly dlnetlon with said center of said Branch of Sister Grove Creek, and the South line of said 12.018 acre tract as followa: South 85 degrees 01 minute 15 seconds East, 28.17 feet; North 63 degrees 11 minutes 02 seconds East, 28.62 feet; North 1 degree 08 minutes 45 seconds East, 58.87 feet; ~, North 77 degrees 20 minutes 12 seconds East, 35.52 feet; North 25 degrees 56 minutes 52 seconds East, 53.47 feet: North 46 degrees 37 minutes 03 seconds East, 54.45 feet: North 71 degrees 38 minutes 18 seconds East, 88.94 feeti South 79 degrees 51 minutes 43 seconds East, 91.52 feeti South 84 degrees 56 minutes 38 seconds East, 241.99 feet; South 85 degrees 38 minutes 43 seconds East. 198.11 feeti South 88 degrees 33 minutes 55 seconds East, 338.22 feet to the PLACE OF BEGtNNING and CONTAINING 10.000 acres of land, more or less. Exhibit "B" Restrictive Covenants of record in volume 4330, page 1881, Land Records, Collin, Texas. Easement granted to North Collin Water Supply Corp recorded June 24, 1977, in volume 1057, page 2, Deed Records, Collin County, Texas. Easement granted to North Collin Water Supply Corp, recorded Jun3 24, 1977, in Volume 1057, page 3, Deed Records Collin County, Texas. Filed and Recorded Official PUblic Records Stacey Kemp, County Clerk Collin County, TEXAS 08/14/2009 10:43:24 AM $28.00 DLAIRD 20090814001023300 (TRACT 2 ONLY).~ IU 111~1. 1043:24 AM D1 116 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, Y REMOVE AND/OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION F M ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECU ER OR YOUR DRIVER'S LICENSE NUMBER. Warranty Deed with Vendor's Lie Date: July 28, 2009 Grantor: BP Prod. Corp., a Texas corporation Grantor's Mailing Address: 12001 N. Central Ex Dallas, Texas 75 43 Grantee: Michael Bradley Nevil Grantee's Mailing Address: Consideration: Property (including any im ppurtenances pertaining thereto, including all ments located thereon as well as any right. title and ac strips, gores, streets, roads, alleys and rights-of-way, ent rights, air rights, easements, rights-of-way and other rights ection therewith (all of the above described properties being as the "Property"). None ~~!!~~:~~ance and Warranty: Those exceptions to conveyance and warranty more rj Exhibit UB" attached hereto. for the Consideration and subject to the Reservations from Conveyance and the onveyance and Warranty, grants, sells, and conveys to Grantee the Property, lof2 Folder\090727 -Nevil-BPProd-WarrantyDeedwith VcndorsLiCluloo together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs. successors, and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. BP Prod. Corp. STATE OF TEXAS § § § Before m (notary printed name) on this day personallyap ~ , ~~~.:llirp., a Texas corporation, known to me or proved to m ou ~~(State and DL or ID#) to be the person whose name is suh{6ribed to the foregoing ins ent and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on this d.JiI 2009. ey , NAN()VWOR~OW • * Non.fllV PUBUC STATe Of TEXAS ~ ~ MYCOMM, EXP. 7·11).2013 AFfER RECORDING RETURN TO: Mr. Michael Bradley Nevil 11536 Wild Rose Lane Anna, Texas 75409 20f2 C:12009 Temp FoiderI090727-Nevil-BPProd-WarrantyDeedwithVendorsLien.doc EXHIBIT A TRACT 1: SITUATED in Collin County, Texas, in the J.C, Neil Survey, abstract no. 59, being a survey of part oftha 47.135 acre "Tract 1" described in a deed from Jan Marie Swalwen, Trustee and Bo Peep Crossen, Trustee to BP Prod. Corp., dated August 28, 2003, recorded in Volume 5497, Page 835 of the Collin County deed records, being described by metes and bounds as follows: BEGINNING at a point at the Northwest corner of said 47.135 acre tract, in the center of Sister Grove Creek; THENCE easterly with the north line of said 47.135 acre tract and the south line of the 46.704 acre tract recorded in volume 4635, Page 736 as follows: South 89°15'42" East, passing mere a corner post at 35.19 feet, continuing near a fence, passing a 3/8-inch iron pin found at 43.02 feet and continuing near a fence, in all 461.51 feet to a 3/8-inch iron pin found; North 76°39'26" East, generally near said fence, 241.35 feet to a 112-inch iron pin set; THENCE 00·08'00" West, 1185.92 feet to a 112-inch iron pin set in the north line of the 9.839 acre tract recorded in volume 5690, page 2150; THENCE North 88'53'38" West, with the north line of said 9.839 acre tract and generally near an old fence, passing a 1I2-inch iron pin set at 235.72 feet and continuing in all, 308.20 feet to a point at the southwest comer of said 47.135 acre tract, in the center of Sister Grove Creek, a 1/2-inch iron pin found at the northwest corner of said 9.839 acre tract bears North 88°53'38" West, 285.60 feet; THENCE norther1y with the west line of said 47.135 acre tract and with the center if said Sister Grove Creek as follows: North 09°41'50" East, 80.71 feet; North 01·46'07" East, 139.51 feet; North 16°49' 29" West. 102.55 feet; North 42'37'28" West, 223.41 feet; North 23°13'15" West, 92.66 feet; North 13·13'35" West, 228.44 feet; North 23°26'56" West, 190.68 feet; North 32·58'12" West, 90.14 feet; North 05°25'35' West, 90.96 feet to the PLACE OF BEGINNING and containing 12.472 acres. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE AC REAGE ANDIOR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. Tract 2 SITUATED in COLLIN County, Texas, in the J.C, Neil Survey, Abstract No. 659, being a survey of part of the 83.69 acre tract described in e deed from W.M. Sherley, et UX, Roberta to Randell Hendricks, dated December 13, 1941, recorded In Volume 332, Page 631 of the COLLIN County Deed Records, being described by metes and bounds as follows: BEGINNING at an 1/2 inch Iron pin found at the Southeast comer of the 10.000 acre tract recorded in Volume 5171, Page 2209, in the center of County Road No. 509 (North South Rock Road); THENCE Southerly with said County Road No. 509 as follows: South 01 degrees 23 minutes 41 seconds West, 452.38 feet to an Y. Inch iron pin found; South 02 degrees 26 minutes 01 seconds West, 276.19 feet to an Y.lnch Iron pin found; South 00 degrees 58 minutes 24 seconds West, 162.23 feet to an 1/2 inch Iron pin found at the Northeast corner of the 44.526 acre tract recorded In Volume 4330, Page 1886; THENCE North 84 degrees 47 minutes 14 seconds West, with the North line of said 44.526 acre tract, passing an 1/2 inch iron pin found at 30.0 feel, passing a 5/8 inch Iron pin found at 621.07 feet, passing an 112 inch Iron pin found at 1702.51 feet and continuing in all, 1755.09 feet to a point in a small creek In the West line of said 83.69 acre tract; THENCE generally In a Northeast direction, generally near the center of said small creek and with the West line of said 83.69 acre tract as follows; tJt rtt9 81 dearee! K2 '"i ttt!£l 12 eees ell,ern t 18 fie ferd EXHIBIT A-LEGAL DESCRIPTION North 07 degrees 08 minutes 11 seconds West, 74.76 feet; North 30 degrees 33 minutes 24 seconds East, 38.03 feet; North 07 degrees 44 minutes 30 seconds East, 45.82 feet; North 69 degrees 04 minutes 50 seconds West, 18.70 feet; South 71 degrees 14 minutes 30 seconds West, 22.01 feet; South 34 degrees 37 minutes 20 seconds West, 37.21 feet; South 73 degrees 09 minutes 26 seconds West, 27.35 feet; North 60 degrees 35 minutes 51 seconds West, 21.05 feet; North 24 degrees 23 minutes 38 seconds West, 23.78 feet; North 19 degrees 53 minutes 00 seconds East, 39.90 feet; North 34 degrees 05 minutes 58 seconds East, 14.60 feet; North 02 degrees 56 minutes 18 seconds East, 10.14 feet; North 83 degrees 30 minutes 43 seconds West, 35.01 feet; North 28 degrees 56 minutes 38 seconds West, 18.37 feet; North 02 degrees 07 minutes 32 seconds West, 49.35 feet; North 36 degrees 28 minutes 15 seconds East, 17.83 feet; North 78 degrees 05 minutes 15 seconds East, 13.63 feet; South 73 degrees 52 minutes 55 seconds East, 101.86 feet; South 51 degrees 36 minutes 04 seconds East, 21,34 feet; North 85 degrees 02 minutes 38 seconds East, 30.49 feet; North 44 degrees 52 minutes 09 seconds East, 18.09 feet; North 08 degrees 14 minutes 17 seconds West, 26.85 feet; North 58 degrees 12 minutes 30 seconds West, 39.63 feet; North 24 degrees 14 minutes 56 seconds East, 21.67 feet; North 69 degrees 52 minutes 27 seconds East, 19.95 feet; South 82 degrees 04 minutes 44 seconds East, 11,55 feet; North 67 degrees 22 minutes 44 seconds East, 64.70 feet; South 82 degrees 47 minutes 59 seconds East, 74.28 feet; South 29 degrees 12 minutes 56 seconds East, 20.09 feet; South 76 degrees 00 minutes 00 seconds East, 29.05 feet; North 72 degrees 07 minutes 55 seconds East, 63.63 feet; North 29 degrees 39 minutes 45 seconds East, 52.10 feet; North 47 degrees 51 minutes 19 seconds West. 35.43 feet; South 76 degrees 36 minutes 23 seconds West, 19.94 feet; South 45 degrees 07 minutes 05 seconds West. 21.05 feet; North 52 degrees 03 minutes 24 seconds West, 15,83 feet; North 18 degrees 13 minutes 39 seconds West, 25.46 feet; North 42 degrees 24 minutes 55 seconds West. 22.21 feet; EXHIBIT A-LEGAL DESCRIPTION North 88 degrees 22 minutes 18 seconds West, 15.56 feet; South 69 degrees 28 minutes 40 seconds West. 25.36 feet; North 22 degrees 02 minutes 15 seconds West. 19.74 feet; North 08 degrees 25 minutes 58 seconds East, 26.98 feet; North 49 degrees 35 minutes 16 seconds East, 58.44 feet; North 05 degrees 36 minutes 44 seconds West, 19.88 feet; North 53 degrees 03 minutes 29 seconds West, 44.79 feet; North 12 degrees 22 minutes 38 seconds East, 45.85 feet; North 76 degrees 42 minutes 21 seconds East. 27.44 feet; South 79 degrees 34 minutes 39 seconds East, 76.29 feet; North 73 degrees 28 minutes 34 seconds East, 46.01 feet; North 39 degrees 30 minutes 48 seconds East. 49.19 feet; North 87 degrees 46 minutes 20 seconds East, 24.14 feet; South 44 degrees 12 minutes 24 secon.ds East, 18.28 feet; North 87 degrees 54 minutes 49 seconds East, 61.62 feet; South 72 degrees 56 minutes 19 seconds East, 40.98 feet to a point at the Southwest corner of said 10.000 acre tract; THENCE North 87 degrees 56 minutes 10 seconds East. with the South line of said 10.000 acre tract, passing a 5/8 Inch Iron pin found at 45.0 feet. passing another 5/8 inch iron pin found at 464.84 feet. passing another 5/8 inch iron pin found at 1072.64, passing an 1/2 inch iron pin found at 1072.64, passing an 112 Inch iron pin found at 124705 feet and continuing in all, 1263.05 feet to the PLACE OF BEGINNING and CONTAINING 30.331 acres of land. more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE AC REAGE AN D/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. Exhibit "B" Restrictive Covenants of record in volume 4330, page 1881, land Records, Collin, Texas. Easement granted to North Collin Water Supply Corp recorded June 24, 1977, in volume 1057, page 2, Deed Records, Collin County, Texas. Easement granted to North Collin Water Supply Corp, recorded Jun3 24, 1977, in Volume 1057, page 3, Deed Records Collin County, Texas. Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXRS 06/14/2009 10:43:24 AM $36.00 OLIURD 20090814001023290 PARCEL 3 EXHIBIT A \'2.\.Q.9. 4635V\O"'\Au"r G'F~';.;l4<A.?"" ~C·~tIl ~. '\. '" STATE OF TEXAS COUNTY OF Collin That Tejas-TOJctured Stone. Ino., Grantor. whose of the County 0 d In consideration of thasum ofTen and n0l100--'.10.oo)---OoIlar8 a 0 a nslderatlon to the undarslQned paid bV the Grantee herein named, the celpt f ..""..... now!edgad; hllVe Granted, Sold, and Conveyed, and by tblfuf...tJn~~ Brad Nevil .......-_ and being more particularly deecrlbed in dctlons. reservations, covenams. conditio"". the above-described property. I! for the yellr 2000 and subsequent yaers. \ cnbed premises. together with aI and singular. the rlghte ino unto the said Grantee. Grantee's heirs. executora, ar; end Grantar does hereby bind Grentor's hairs, elCecutors. ne to Werrant and Forever Defend ell end lingula, the said premises B. executors. administrators. SUCll8880f8 and assigns against every , 0, to claim the same. or any Part merarof, elCCElPt as to the warranty. 4635 0131 ACKNOWLeDGMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, In and for said County. Texas. on this day peraonaDv appeared Linda Nevil. 88 Secretarv of TeJas-Textured Stone, Inc. known to me to be the pereon whose name is eubscribed to the foregoing Instrument and acknowledged to me that she executed the same actlFlg In the capacity and for the putpOS88 and cONlderation therein expressed. GIVEN UNDER MV HAND AND SEAL OF OFFICE, on March 21,2000, ........,eSANDeRS -'~NlliC $T~1EOFTE)CIS M COMMISSION EXPIRES: My COI1Iftl. E~1J2ItOIl\ (NOTARY SEAL) AFTER RECORDING RETURN TO: BRAD NEVtL 6000 SPUT TRAIL ROAD PLANO. TEXAS 76074 r.=:.:. 4635 013.6 EXHIBIT "A" SITUATED in Collin County, Texas in the J.C. Nelli Survey, Abstract No. 659, being a resurvey of P81t of the 59.9 acres of land described in a Deed from J.W. Huebach, at al to Randell Hendricks dated October 29, 1934, recorded in Volume 301, Page 585 of the Collin County Deed Records, being described by metes and bounds liS follows: BEGINNING at an Iron pin found at the Southeast corner of the Robert O. Burgess, 8t al. 44.526 acres, Ref. Volume 4330. Page 1888 (Document No. 99-0004673) In the East line of Clay Robertson 2.00 IIcres, Ref. Document No. 93·0055800 and in the center of County Road No. 609: THENCE South 01 dagree 24 minutea 55 seconds West, 603.07 feat with the East IIlle of said 59.9 acre tract, the West line of said 2.00 ec,e tract, the West line of the Patsy J. Brunson 11.537 acre, Ref. Volume 2173. Page 346. the Elizabeth Hendricks 11.54 Bcres end the center of seid county toad to an iron pin set in the. West line of said 11.54 acre tract and In said road center and in the East line of said 59.9 acre tract: THENCE WesterlV as follows: South 71 degrees 31 minutes 51 seconds West. passing an Iron pin eet at 30.0 feet end continuing In all 1000.11 feet to en Iron pin set: South 89 degrees 53 minut8s 20 18cona. West, 628.79 feat to an iron pin set; South 15 degrees 63 minutes 10 seconds West. 259.46 feet to an Iron pin let 25 feet South of a 48 Inch diameter Pecan tree; West passing an iron pin set at 418.5 feet end continuing In ell 461.52 feet to a point 0/'1 the West bank of Sister Grove Creek, approximately 10 feet West of the East line of Wild Rose Farms. Ref. Volume I. Page 775: THENCE Northerlv up the West bank of said Sister Grove Creek as follows: North 03 degrees 33 minutes 01 stcooo East. 71.01 feet; North 23 degrees 36 minutes 21 seconds East. 296.6 feet; North 04 degrees 42 minutes 53 seconds West. 97.18 feet; North 64 degrees 53 minutes 36 seconds West. 92.88 faet: South 89 degrees 02 minutes 10 seconds West 150.15 feet; North 29 degrees 14 minutes 01 second West. 11 0.68 feet: North 32 degrees 04 minute. 47 seconds East. 103.6 feet; North 62 degrees 27 minutea 02 seconds East. 218.35 feet; North 07 degrees 02 minutes 01 seconds West. 110.77 feet; North 66 degrees 53 minuts 05 seconds West. 84.69 feet: North 40 degrees 05 minutes 52 seconds West, 90.4 feet: North 22 degrees 25 minutes 27 seconds East. 78.49 feet; North 44 degrees 03 minutes 08 seconds Eest, 23.65 feet to a point on the West bank of said Sister Grove Creek and at tho Southwest corne, of said 44.526 acre tract; THENCE Easterlv with the South line of said 44.526 acre tract as follows: South 85 degrues 30 minutes 55 seconds East. passing iron pins found lit 60.38 feet and 531.78 feet and continuing in all 1406.03 feet to an iron pin found; North 88 degrees 67 minutes 56 seconds Eatt. passing an iron pin found at 894. 11 feet and continuing in III 924.11 feet to tha PLACe OF BEGINNING and containing 46.704 acres of land. more or less. 4635 0739 MAR 29 20ao oN..t.-~® EXHIBIT C DESCRIPTION 2.188 ACRES SITUATED in Collin County, Texas, in the J. C. Neill survey, abstract no. 659, being a survey of part ofthe 46.704 acre tract described in a deed from Tejas-Textured Stone, Inc. to Brad Nevil, dated March 21, 2000, recorded in volume 4635, page 736 ofthe Collin County deed records, being described by metes and bounds as follows: COMMENCING at a %-inch iron pin found at the southeast corner of said 46.704 acre tract, near the center of County Road No. 509(north-south asphalt road); THENCE North 87°37'44" West, 2072.08 feet to a point in a lake for the PLACE OF BEGINNING; a %-inch iron pin set bears South 89°50'16" West, 10.00'; THENCE South 89°50'16" West, passing said %-inch iron pin set at 10.00', passing a %-inch iron pin set near an angle post at 45.75 feet and continuing in all, 115.80 feet to a point on the west bank of Sister Grove Creek; THENCE generally in a northerly direction and with the west bank of said Sister Grove Creek as follows: North 52°33'48" West, 71.21 feet; North 75°41'23" West, 50.73 feet; South 80°54'59" West, 82.94 feet; North 53°49'57" West, 70.92 feet; North 28°32'13" West, 86.28 feet; North 24°33'26" East, 72.64 feet; North 52°00'44" East, 54.81 feet; North 71°25'46" East, 87.05 feet; North 61°54'43" East, 118.42 feet; North 28°46'58" East, 17.80 feet; THENCE South 71°02'53" East, passing a %-inch iron pin set near an angle post at 59.31 feet, passing a %-inch iron pin set at 133.51 feet and continuing in all, 143.51 feet to a point in said lake; THENCE southerly in said lake as follows: South 19°53'08" West, 21.86 feet; a %-inch iron pin set bears North 65°18'50" West, 10.00'; South 29°32'10" West, 35.67 feet; a %-inch iron pin set bears North 62°56'09" West, 10.00'; South 24°36'50" West, 52.04 feet; a %-inch iron pin set bears North 72°09'31" West, 10.00'; South 11 ° 15'39" West, 28.71 feet; a %-inch iron pin set bears North 88°11'20" West, 10.00'; South 07°37'28" East, 41.80 feet; a %-inch iron pin set bears South 76°46'49" West, 10.00'; South 18°57'45" East, 50.36 feet; a %-inch iron pin set bears South 6r31'18" West, 10.00'; South 26°00'10" East, 29.65 feet; a %-inch iron pin set bears South 68°35'54" West, 10.00'; South 16°47'08" East, 29.73 feet; a %-inch iron pin set bears South 77°24'50" West, 10.00'; South 08°17'33" East, 41.54 feet to the PLACE OF BEGINNING and containing 2.188 acres. ___L __ _ ._.....-........0. ___..__._ .,.----_..._-....--......--...._..............--.....,..,.._01IIII'_....._ -..-..._...... ___11....__....-...........-_____ .' ~s=~~4:736 _....-..,._...._---­ Yn.D ROSE fARMS VlJl.IM: I, PAGES 175-717 .9 .......... _ ..........I11111_...-OP_•._..,...__ CIl.I..IN COUNTY PUlT RECORDS --.-. . ~-3t .........." ..---.........-..,.....-.....­ //' ffi l::~ ..,..._._........................,-..........­til . ./til / _~ -II--~..............._ .......__11.._­""'til / . ...... ­ __"'n.I'I"--...-..--...-..!t.-.-T ....<:.T BANK [F CRm --_..........-_.... .­/./ SISTER GROVE LAKE --...-..--~-.-' -.-"'" --...-.._nww........ ~.-.­__ ........_..,..._._.....IUI ----......,--"....oJ, . ......-..,.....-.................-.............. , VlJ..1K 463:1. PAGE 736 .. ~ ..-..........I11III ...... --...-....-..,...!/// --_...-....-....--,..._-_­--................-. .-..,...-­-...-.2.188 ACRES _,'--",IPI".'_",,"__","'/' 11'1""""........-.4UI...._..,...__ _ ---...-....-....-..,...-­..........-. ( .i R or SISTER GROVE CRm LAKE _.......-....-..,......­(~PPROX. CENTE --........-...........-....,..._­ , ~...-. _...,.................-OP_... __L1II_'\ . \ -----,.­c;,\ \ "~""""""""IMI ____ _.._-_ ............­1IIftI­1IIftI....,.. ~ VlJ..1K 463S. PAGE 736\,,\,., ­""..... ~ t:I"'"""':::::" "....~,., '-',-._.-' . -. ­------r........ ~'. . '----~-~ , , -""" ..... '. 'NLAKEL ...... ~, __~.. SISTER GROVE (/'~, -\.~',.75' lilT TIl SCM.£"'I'.... "".m...FARMS ""EST CREEK ••..; N 87"37'44' Y l!O72.118' ~ ..01< - OF - .. '. 1J1i----:;-;;;;;;;::;;~;m;:;:__ ...~ ~ ~ S 89"S0'16' Y 115.110' o DENlTES All V2-1NCH IRDN PIN SET VlJl.IM: 463:1, PAGE 736 Ull.ESS DTI£RVISE lilTED IlEMlIIG WIS. GEDDETIC ICRTH BY liPS ClJITRILllllG MIINLJMENT$! V2-1NCH IRDN PIN Ft1LtiD AT S!JU1'HEAST CORNER lIND 45' IFFSET SIJJTHYEST C[JIN£R IF IIJ.OIIO ACRE TRIICT. VlJl.IM: 5171. PAGE 2209 SO£ EXISTlIIG ~s !IN THE 2.188 ACRE TRACT MElilT SttNN !IN THIS SURVEY _. tt:I :><::r: t-I ttl t-I ~ n n f@ ~ t-I ~ o PARCEL 4 EXHIBIT A " 20100205000120960 02/05/2010 11:43:21 AM D1 1 NOTIcnOF CONFIDENTIAIJTYRIGIITS: IF YOU AREANATIlRAL PERSON, Y1 REMOVE AND/OR ST.R.IKB ANY OR AIL OF 1HE FOLLOWING INFORMATION FR! ANYINSTRUMENTTIIATTRANSFERSANINTERESTINREALPR.OPER EFORBrr FILED FOR RECORD IN TIlE PUBUC RECORDS: YOURSOCIAL EROR YOUR DRIVER'S UCBNSE NUMBER. GeDenl WarnDty Deed Da..: lanuary 27, 2010 GnatDr: Albert Carter Womack and wife lessica Lee FlfIltlSCk P.o. Box 147 Honey Grove, TexJm 75446 G ....tee: MidJael Bradley Nevil dQIaItrs. and other good and valuable ri!llllbitpt sufficiency ofwbich is h=by • CiJ Survey, Abstract No. 659, Collin County, Texas, IIlOR': ·cullrJI~~nbed'Gl BxhibJ ,. IJUar.bed hereto, together wid! aU aDd siDgulartbe"rlgbts ""[0, ineludiDg all buildiDgs, st!uctuJ:es, fixtures, and ImplOVCmalAl.)QDlId tlJereODtIS well as any right, title and interest ofGnmtur in and to (i) mads. alleys and I'igIJbrof-way, opeD or proposed (Ii) all rigIJ~lir· rights, easemen1:s, rights-of-way and other rights appurtenant thereto or h-c:tr--..aiUIIJ~IlII'i·th (all of the abcm: described properties being hereiDafteI' collectively \reJ__~as the -propertyj. 1 11:......tDc...,.......w.....e,: itiplDfW., Eucmaat ........to NorIhCoIIiD W....Supply CoIp. dIdaI June 2<4, 19T1111C01ded ill VDI. 1057.,. 16. DeedRaDds, Collin CoualJ, T-. GmaIDr, tar.CoD.sideIatioft and aaIIject..,tha ResemIioDIIiom ~and the Er.cl!pliuas to Coaveyace IIId W.....,. pnII.lJdll.lDd ClCII'Vf!JI to G..-e tbc Pmpc:dy• .....wiIh III' _ .....ri..._appadciMlaldlaaDtDlIIY..,~1Dlw.w IDIl to hokI i&.., 0......GnDtee*a ....1Ub........._ ...fi:nwr. 0l'IDkJr biDdI Gnador ...ClnadoI's ....IUI! ......to .......1IId fim:v«dcCendall .... linpllrdle PIupaty to ar.ta: IIDIl o...n hdn.1ID'C ....and IIIIips apiast OWlY penoa ~IIWfidIy c:Jaimilaor 10 cIIiID abe ...IX'IIIY pad thereof; except. to Ibo ReRmdoa hill Cc:lrweyIaoe. the .BuIptiaas 10 eon.e".nce and W..-y. When ...canIcxl n:quiRs. aiDpIIr ___JIIOGOURI iDcIude the plural. A~~ 2 ACICNOWI..IDGMENT STATE or TEXAS I•CO~5~A.-,l!~... d-.. (lIDIIIrypialed lIIIIC)aa dda., .......,~JESSICA LF.8 WOMACIC. kIIDWIl to rneor proyed to -1hruusb Stale DriwnlJcea.te to lie Ibepc:rlOll'*-...i ........W to die f'oreaoias iastnancnlllld ~ID -...-CXCiClUllXlIbC .....ftlrDle: fIUIPCMLi'--uP*'llell1lon thadnexpr if PZ"~day~ /J.ub..¢c drc.la tw NuIIay Public, Bra otTeus otwn ...1111 ..........ofofftccan dais 3 ,. .... EXHl8rrA SITUATED In Colin County, T...1n the J.e. NelSurve,. AbIInIct No...Mdllelnga Nveyof pert of the 8.I3811Ct8 net of land delCdHld In died fIom Melt E. Womec:Ic .......DaIcnI J. WCIIItICk • AlbeIt cartIr Wort18IIk" dated June 11. 2004. NOCIf'dId In Vellume ...Page 21&0 and of ..cain Ccu'Ily DaecI ...... baing cIncrIbed bJ mellll and bDLnlllaa raIawI: COMMENCING at. 11M1Gh Iron pin round ..the .lOI1hwell CIOI'ner of said 1.838 acrelnlcl;. THENCE South 88"53'38'" Eat. with Ihe narIh ...oflOld 8.838_ fnIct, peIIIng, .....fInce ...2lU8feet... canllnulng In all _.51 _10, point on Ihe ..........of ....Grewe CAIek far ..PLACE OF BEGINNING:: _1NIIng In .._1M of IN 15 112 ..tIIIC\t I'IIGOIded rn ....II1II no. 93-110lIl: Tt£NCe SouIh 8I'53'W eall, wIIh 1M not1h line 0I1IIId 1.839 .....fllllllnlllIe ...afSlller Glove Creek II 20.28 ....end .....the IIGUIhwItIt comer of .12.472 111ft "Trect ,.raconIed in cIIri'I'" no. 20090814001023210. oontinuingwllh .... 1CIUtI1Ine oI ..ld 12.472 ...net end palling, 14 Inch mnpln .. at ..8OU......CDrIWcf IIIId 12.472 8CnI hcllIl 321A1 feat III1d CiICII'6'Iulng In ell. 787.40 r.et ID .1I2-t1ch lion pin _ II Ihe ...comer of said 8.838 -1nICI, ..northweII ~1Ine of StaI8 HIghway No. 121: THENCE wIh lhelOUfleellltmt 01_ 9.838 8CnI nc:t. .... narItIwaIIlM 01_ SIIIfIt HIghwIIy No. 121. gellIIRIIIy ,..., __..faIIDwr. South 1S1,,'11" Wetr. 74.74 f8aIlD .1f2.1nc1t Iran pin l1li: 8outI5r'37'11· WeeI, 100.50 feet to • wood ~marker; 8auIh 5111&4'11· Wilt 100.00 ....a 112-1nch InIn pin lit SOUth 4fN2'11-Wilt. 200.25 ..to. 11l.fnch hn pta lit Sault 51"14'1'·......100.00 leal • • ,12......hn pin .. South 80"28'1 t· W.... 101.12 reet 10 • 112.fnd'i Iran pin set; 8auIh 51"''11-W", .,....,11. 112-Nh InIn pin 181111180.18,. and COI'IbIIn8In", 211.11 _10. paint on ..exIIndIId IOUIh ...of IIIId 15 t12 anlrad; THENCE North"S2'OO" WesI, wiIh lhelllCllnded ..... 11M or said 15 112 ...1n1C1, 34.41 r.t 10 • JM*d,... the ....GlIIfCI SIIIIr GnMt CNIl.1n ......1Ine of IIId 1.1311 acnt frec:t • 14 Incftlron pin lit belli North 01...10" Eut,,110.0 feet THENCE NarII 01 ....10" &lilt. wiIl .......1ine of l81li1.138 acnt trecr. paeIng ..1d 11l Inch Iran pin III at &0.00 ....paIIIUIg ....... 112.fnGh Iron pin'" It 35O.GO feel8nd canIhIlng In d. 4110.87 ...." , point on Ihe lap of ....of MId SlIter GnMt CIwk: .......1IeIng ......1Ine 0I_1d 15 14 ...hct IIIId 112-ind1 Iran pIn""'e1 ..nadhMMll ClaI'MI' of IIId U38.,.net __Nodh 0''''0" Eeat. 320A7 feel; THENCE will ...top d the_blink oflllld SlllerGnM Cnlekn wIIh ..lilt"0I18Id 18 tl2.,.trace afolow8: North 1iP.ZI2&" EaII. 4U2 feel; Nor1h 10'4...... East.. 21.07 18M; Harth 82"1t1'28" ~159..IiIIIf; Noift......ns·Eat. 35.92 feel;: NorIt 7s-&3'09" EIIIIt. 11.01 ,. South 1IN5W Eat. 32.33_ NOf1h 74-t1'4r EaIt. 13.24 teet North J2II31',r Ea" 12.71 feet North 4O'"52'1F East.. 2UI ,. North 2P3I'43" ea......faet North 26"38'43" Ell ... 25.&4 r.t North 1lN8'03" Eat. 21U3,. U , ....,n ? rSg iN6r1h 0'1038'43-West. 3678 feet; North 060 46'34-West. 51.54 feet to the PLACE OF BEGINNING and containing 8.377 acres, Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 02/05/2010 11:43:21 AM $32.00 BNOPP 20100205000120960 ~*