12-31 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE ESTOPPEL LETTER REGARDING PREANNEXATION
AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby enters into the Estoppel Letter
regarding Preannexation Agreement.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Estoppel Letter regarding Preannexation Agreement.
SECTION 3: This Resolution shall take effect on May 22, 2012.
APP70VED: �,
Ray Smith, �/layor
ATTEST TO:
Amy Piuka a, flWC
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ISPER ADMINISTRATION OWN aF
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting— May 22, 2012
Date: May 18, 2012
Aqenda Item:
Consider and act on a Resolution to approve an Estoppel Letter from the Town of Prosper
regarding the Preannexation Agreement with Forest City Prosper Limited Partnership .
Description of Aaenda Item:
Forest City with whom the Town of Prosper entered into a Preannexation Agreement is selling
its property totaling approximately 2,030 acres to the Terra Verde Group. The Terra Verde
Group specializes in the development of master planned communities and intends to begin
development of the Three Stones project immediately.
The Estoppel Letter basically states that as of the date of the letter that Forest City is not in
default of its Preannexation Agreement and that the Agreement remains in full force and effect.
Language is also included that states that if at some time in the future, even though this letter is
provided, that a potential default is identified, that the Town of Prosper is committed to working
with the Developer to reach a solution that cures the potential default.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Leqal Obligations and Review:
The Town's Attorney Rebecca Brewer has reviewed and approved the attached Estoppel Letter.
Attached Documents:
1. Estoppel Letter from the Town of Prosper regarding the Assignment and Assumption
Agreement for the Preannexation Agreement.
2. Resolution approving the Estoppel Letter regarding the Assignment and Assumption
Agreement for a Preannexation Agreement with Forest City Prosper Limited Partnership.
1 Town Staff Recommendation:
i
Town staff recommends that the Town Council approve the resolution approving the Estoppel
Letter regarding the Assignment and Assumption Agreement for a Preannexation Agreement
with Forest City Prosper Limited Partnership.
Page 1 of 1
TOWN OF
R
Prosper is a place where everyowe rrratters.
May 29,2012
Mr. D, Craig Martin
TVC Texas I,LLC
2241 E. Continental Blvd., Suite 140
Southlake, Texas 76092
RE: Request for Estoppel Letter ("EstonDel Letter") from the Town of Prosper,
Texas ("Town'), regarding the Assignment and Assumption Agreement
for Preannexation Agreement("Assignment")
Dear Mr.Martin:
You have requested [hat the Town provide you with this Estoppel Letter regarding
the above-referenced Assignment. While the Town is not obligated to provide TVC
Texas I, LLC, a Texas limited liability company, ("Terra Verde") with such letter, the
Town, in an effort to work with you and Forest City Prosper Limited Partnership, a Texas
limited partnership, ("Forest City") in this transaction, is willing to inform you of the
matters set forth herein. The form of the Assignment,, which has been approved by the
Town, is attached hereto as Exhibit "A" and incorporated herein for all purposes. In
consideration for the Town's provision of this Estoppel Letter, the Town is tendering the
same strictly contingent -on the Assignment, in the farm attached hereto, being executed
by all necessary parties and all provisions set forth therein being satisfied. As additional
consideration and as a further condition for providing this Estoppel Letter, the Town is
relying on the representations and warranties set forth herein, as well as in the
Assignment.
On May 22, 2012, the Town Council passed Resolution No. 12-30 which
approved the above-referenced Assignment. On that same date, the Town Council
Mr. D. Craig Martin
May 29, 2012
Page 2 of 64
approved Resolution No. 12-31, authorizing the Town Manager to issue this Estoppel
Letter; however, the Estoppel Letter made the subject of Resolution I2-31 inadvertently
contained the incorrect form of the Assignment which was approved under Resolution
12-30; therefore, the Town is issuing this corrected Estoppel Letter for the purpose of
remedying the inadvertent clerical error. The effective date of this Estoppel Letter shall
be May 23, 2012.
The form of the Assignment, approved by the Town pursuant to Resolution 12-30,
is attached hereto as Exhibit "A" and incorporated herein for all purposes. In
consideration for the Town's provision of this Estoppel Letter, the Town is tendering the
same strictly contingent on the Assignment, in the form attached hereto, being executed
by all necessary parties and all provisions set forth therein being satisfied. As additional
consideration and as a further condition for providing this Estoppel Letter, the Town is
relying on the representations and warranties set forth herein, as well as in the
Assignment.
You have represented and warranted to the Town that Terra Verde Group, LLC
has entered into a contract with Forest City to purchase the remaining approximate 2,030
acres of real property (defined in the Assignment as the Remaining Property), which
contract was assigned to Terra Verde on May 19, 2012 ("Contract Assi�--nrnent").
To the best of the Town's knowledge and belief, but without waiving its rights
under the Preannexation Agreement, as of the date of this Estoppel Letter, no material
default exists under the Preannexation Agreement, and the Preannexation Agreement
remain in full force and effect. Should, after the date of this Estoppel Letter, the Town
discover a breach and/or default of either or both of the Preannexation Agreement, which
occurred prior to the Effective Date (as defined in the Assignment), the Town will, within
a reasonable time of such discovery, notify, in writing, Forest City and Terra Verde of
said breach and/or default. In this connection, because the Town desires for the project
made the subject of the Preannexation Agreement to succeed, the Town has made efforts
to work with the parties thereto, and therefore, while the parties of the Preannexation
Agreement may not be in strict compliance with each covenant and condition, the Town
offers, in addition to the other matters set forth herein, that (i) the Town has not given,
and is not aware that any other party has given, a notice to any other party of failure to
comply with any provision of the Preannexation Agreement; and (ii) no outstanding
monetary obligations are presently owed to the Town by any party under the
Preannexation Agreement.
In the event of any inconsistency between the terms and conditions of the
Preannexation Agreement and this Estoppel Letter, the terms of the Preannexation
4609837
Mr. D. Craig Martin
May 29, 2012
Page 3 of 64
Agreement shall govern and control. All terms used herein shall have the same meaning
as in the Preannexation Agreement.
Notwithstanding anything to the contrary herein, this Estoppel Letter shall be
governed by and construed in accordance with the laws of the State of Texas, and
exclusive venue shall lie in Collin County, Texas.
This Estoppel Letter may be executed in one or more counterparts, each of which
when so executed shall be deemed to be an original, but all of which when taken together
shall constitute one and the same instrument.
The foregoing statements may only be relied upon by Terra Verde, its assignees,
and lenders and shall.not benefit any third party, except as expressly provided herein.
All warranties, representations and covenants made by Terra Verde to the Town as
set forth in this Estoppel Letter shall be considered to have been relied upon by the Town,
regardless of any investigation made the Town.
Additionally, this letter is being tendered to Terra Verde strictly contingent upon
the Town receiving a copy of the Contract Assignment and the fully executed
Assignment, including any obligations set forth therein, within thirty (30) days of the date
of this letter. Otherwise, this Estoppel Letter shall become null and void and of no force
and effect.
The Town will place a resolution amending Resolution No. 12-31 and ratifying the
execution of this corrected Estoppel Letter on the agenda of the Town Council's June 12,
2012 regularly scheduled meeting.
Regards,
THE TOWN OF PRO , TEXAS
�o IVfi Lard, Town Manager
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TE PS®�®®`o
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Mr. D. Craig Martin
May 29,2012
Page 4 of 64
AGREED AS TO THE FORM AND CONTENT OF THIS ESTOPPEL LETTER:
FOREST CITY PROSPER LIMITED PARTNERSHIP,
a Texas limited partnership
By: FC Prosper Partner, Inc.,
a Texas corporation
Its: General Partner
By=
Printed Name: 4'/`',/
Title:
Date:
0604837
Mr. D. Craig Martin
May 29, 2012
Page 5 of 64
EXHIBIT"A"
Form of the Assignment
"NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR
STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY MSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS,FILED FOR RECORD IN THE PUBLIC RECORDS; YOUR SOCIAL
SECURITY NUMBER ORYOURDItIYERs'LICENSE NUMBER."
AFTER RECORDING RETURN TO:
D,Craig Martin
TVG Texas I,LLC
2241 E.Continental Blvd.,Suite 140
SouHake,Texas 76092
ASSIGNMENT AND ASSUMPTION AGREEMENT
FOR PRE,ANNEXATION AGREEMENT
THIS ASSIGNMENT (this"Assimment")is executed as of
2012 ("Effective Date"), by and between FOREST CITY PROSPER LIMITED
PARTNERSHIP,a Texas limited partnership ("Assignor"),and TVG TEXAS I, LLC,a
Texas limited liability company ("Assignee"), upon the terms and conditions set forth
below.
RECITALS
WHEREAS, concurrently herewith, Assignor is conveying to Assignee the
remaining approximate 2,030 acres of real property ("Remaining ProDel-tv"), consisting
j of a portion of that certain 2,120.536 acres(defined as"Properties"in the Preannexation
1 Agreement(hereinafter defined)),together with all improvements thereon,situated in the
Town of Prosper, Denton County, Texas, in accordance with the terms of that certain
Contract for Sale and Purchase of Unimproved Real Property between Assignor and
Terra Verde Group, LLC, dated as of March 30, 2012,as amended, which contract was
assigned to Assignee on May 18, 2012 ("Contract Assienment"). The Remaining
Property is more particularly described in Exhibit"A",attached hereto and incorporated
herein for all purposes;and
WHEREAS, (i)pursuant to that certain Special Warranty Deed, dated December
14, 2007, executed by Assignor in favor of Richard J. Bontke and Nathan P. Bontke
(collectively, "Bontke") and recorded as Document Number 2007-144901 of the Real
Property Records of Denton County, Texas(the "Bontke 60 Acre Deed"), Assignor
conveyed to Bontke that certain portion of the Properties more particularly described in
the Bontke 60 Acre Deed, (ii) pursuant to that certain Special Warranty Deed, dated
January 28, 2009, executed by Assignor in favor of Bontke and recorded as Document
Number 2009-10359 of the Real Property Records of Denton County, Texas(the
"Bontke 38 Acre Deed"), Assignor conveyed to Bontke that certain portion of the
Properties more particularly described in the Bontke 38 Acre Deed, (iii) pursuant to that
certain Special Warranty Deed with Vendor's Lien(Prosper Management District No. 1),
= J dated September 21, 2009, executed by Assignor in favor of Angela M. Stepherson,
Assianment and Assumation Agreement
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Trustee, ("Stenherson") and recorded as Document Number 2009-120335 of the Real
Property Records of Denton County, Texas (the "Stenherson 5,545 Acre Deed"), (iv)
pursuant to that certain Special Warranty Deed with Vendor's Lien(Prosper Management
District No. 1), dated September 21, 2009, executed by Stepherson in favor of J. Tim
Moore,and recorded as Document Number 2009-120340 of the Real Property Records of
Denton County,Texas(the"Prosper Management District No. 1-Directors Lot-Undivided
25% Interest No. 1. 5.545 Acre Deed"), Stepherson conveyed to J. Tim Moore that
certain portion of the Properties more particularly described in the Prosper Management
District No. 1-Directors Lot-Undivided 25% Interest No. 1, 5.545 Acre Deed, (v)
pursuant to that certain Special Warranty Deed with Vendor's Lien(Prosper Management
District No. 1), dated September 21, 2009, executed by Stepherson, in favor of Bret L.
Pedigo and recorded as Document Number 2009-120341 of the Real Property Records of
Denton County,Texas(the"Prosper Management District No. 1-Directors Lot-Undivided
25% Interest No. 2, 5.545 Acre Deed"), Stepherson conveyed to Bret L. Pedigo that
certain portion of the Properties more particularly described in the Prosper Management
District No. I-Directors Lot-Undivided 25% Interest No. 2, 5.545 Acre Deed, (vi)
pursuant to that certain Special Warranty Deed with Vendor's Lien(Prosper Management
District No. 1),dated September 21,2009,executed by Stepherson,in favor of Nathan P.
Bontke and recorded as Document Number 2009-120342 of the Real Property Records of
Denton County,Texas(the"Prosper Management District No. 1-Directors Lot-Undivided
25% Interest No. 3. 5.545 Acre Deed"), Stepherson conveyed to Nathan P. Bontke that
certain portion of the Properties more particularly described in the Prosper Management
District No. I-Directors Lot-Undivided 25% Interest No. 3, 5.545 Acre Deed and (vii)
pursuant to that certain Special Warranty Deed with Vendor's Lien(Prosper Management
District No, 1), dated September 21, 2009, executed by Stepherson, in favor of Scott
Ramsey ("Ramsev") and recorded as Document Number 2009-120343 of the Real
Property Records of Denton County, Texas (the "Prosper Management District No. 1-
Directors Lot-Undivided 25%Interest No.4.5.545 Acre Deed"), Stepherson conveyed to
Ramsey that certain portion of the Properties more particularly described in the Prosper
Management District No. 1-Directors, Lot-Undivided 25% Interest No. 4, 5.545 Acre
Deed (the Bontke 60 Acre Deed, the Bontke 38 Acre Deed, the Stepherson 5.545 Acre
Deed,the Prosper Management District No. 1-Directors Lot-Undivided 25%Interest No.
1, 5.545 Acre Deed, Prosper Management District No. I-Directors Lot-Undivided 25%
Interest No. 2, 5.545 Acre Deed, Prosper Management District No. I-Directors Lot-
Undivided 25% Interest No. 3, 5.545 Acre Deed, and Prosper Management District No.
I-Directors Lot-Undivided 25%Interest No.4, 5.545 Acre Deed are collectively referred
to herein as the "Prior Convevances") The Prior Conveyances are more particularly
described in Exhibit"B",attached hereto and incorporated herein for all purposes;and
WHEREAS, Assignor desires to assign, transfer and deliver and grant, sell and
convey to Assignee,and Assignee desires to acknowledge and assume, all of Assignor's
rights, title, obligations, covenants, interest and conditions in and to that certain
1 Preannexation Agreement by and among Assignor, the Mahard 2003 Partnership, L.P.,
Assienment and Assumntion Aereement
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Mahard Egg Farm, Inc., FC Prosper Partner, Inc., and the Town of Prosper, dated
December 13,2007, and recorded as Document No. 2007144167, in the Real Property
Records of Denton County, Texas; as amended by that First Amendment to
Preannexation Agreement dated January 31,2010,and recorded as Document No.2010-
53565, in the Real Property Records of Denton County, Texas, and that certain Second
Amendment dated February 14,2012, and recorded as Document No.2012-45700 in the
Real Property Records of Denton County, Texas (collectively, the "Preannexation
Agreement")relating to the Remaining Property;and
WHEREAS, the Remaining Property consists of the Properties less the Prior
Conveyances;and
WHEREAS, Assignor further represents and warrants that no obligations,
covenants and/or conditions whatsoever existed with regard to the Prior Conveyances
which would in any way have required an assignment under Section 37 of the
Preannexation Agreement and that the land made the subject of the Prior Conveyances
remains subject to the Preannexation Agreement for all purposes.
NOW, THEREFORE, in consideration of the foregoing and other good and
valuable consideration in hand paid by Assignee to Assignor,the receipt and sufficiency
of which are hereby acknowledged,Assignor and Assignee agree as follows:
1. Assignor hereby assigns, transfers and delivers and grants, sells and
conveys to Assignee all of Assignor's rights, title, obligations, covenants, interest and
conditions in and to the Preannexation Agreement from and after the Effective Date
(collectively,"Assigned Rights and Obligations").
2. Assignee hereby expressly acknowledges, assumes and agrees to perform,
solely and completely, all of the Assigned Rights and Obligations, from and after the
Effective Date,and agrees to be bound by the terms and conditions of the Preannexation
Agreement.
3. Assignor hereby acknowledges,represents and warrants that from and after
the Effective Date of this Assignment it has absolutely no rights, title, obligations,
covenants,interest and conditions as to the Remaining Property and/or any other property
described in the Preannexation Agreement.
4. Assignor further represents and warrants that no obligations, covenants
and/or conditions whatsoever existed with regard to the Prior Conveyances which would
in any way have required an assignment under Section 37 of the Preannexation
Agreement and that the land made the subject of the Prior Conveyances remains subject
to the Preannexation Agreement for all purposes.
Assimment and Assumntion Aereement
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5. Pursuant to Section 41 of the Preannexation Agreement, any notice,
communication, request, reply or advice (herein severally and collectively, for
convenience, called "Notice') provided or permitted under this Assignment or the.
Preannexation Agreement must be in writing and may be served by depositing same in
the United States mail, addressed to the Party (as defined in the Preannexation
Agreement)to be notified,postage pre-paid and registered or certified with return receipt
requested,or by delivering the same in person to such Party via a prepaid hand-delivery
service,Federal Express or any courier service that provides a return receipt showing the
date of actual delivery of same to the addresses thereof. Notice given in accordance
herewith shall be effective upon receipt at the address of the addressee. For purposes of
notice, the address of Assignee, until changed as provided for in the Preannexation
Agreement,is as follows:
If to Assignee_ D.Craig Martin
TVG Texas 1,LLC
2241 E.Continental Blvd.,Suite 140
Southlake,Texas 76092
Phone: (469)855-8300
Fax:(972)982-2724
Email:cmartinQtvgllc.com
6. This Assignment may be modified only in writing,signed by Assignor and
Assignee,or their respective heirs,successors or assigns in accordance with Section 37 of
the Preannexation Agreement.
7. This Assignment shall be binding upon and inure to the benefit of Assignor
and Assignee and their respective heirs,successors and assigns (as authorized in Section
37 of the Preannexation Agreement).
8. By execution of this Assignment,the Town hereby consents to assignment
of the Preannexation Agreement to Assignee as set forth herein in accordance with
Section 37 of such agreement. The Town's consent to this Assignment is strictly
contingent upon Assignor complying with all provisions of Section 37 of the
Preannexation Agreement and the Town receiving evidence of the Contract Assignment
on or before May 22,2012, This Assignment shall be governed by the laws of the State
of Texas. This Assignment shall be effective on the Effective Date.
'1 9. The representations, covenants and recitations set forth in the foregoing
Recitals of this Assignment are true and correct and are hereby incorporated into the body
of this Assignment and adopted as findings of the respective authorized representatives of
Assignor and Assignee.
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Assienm ent and AssuraDtlon Agreement
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10. All warranties, representations and covenants made by Assignor herein
have been made for the benefit of Assignee and the Town and shall be considered to have
been relied upon by Assignee and the Town,regardless of any investigation made by the
Town. The Town shall be a third party beneficiary to this Assignment for the purpose of
the warranties,representations and covenants made by Assignor herein.
IN WITNESS WHEREOF,the undersigned have executed this Assignment to be
effective on the Effective Date.
ASSIGNOR:
FOREST CITY PROSPER LIMITED
PARTNERSHIP,a Texas limited partnership
By: FC Prosper Partner,Inc„
a Texas corporation
Its: General Partner
By:
Printed Name:
Title:
I
ASSIGNEE:
TVG TEXAS I,LLC,
a Texas limited liability company
By: BP Terra Verde Investors,LLC,
a Delaware limited liability company
Its: Sole Manager
By:
I
Printed Name:
j Title:
I
I
Assignment and Assumntion Agreement
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APPROVED:
TOWN OF PROSPER,TEXAS,
j a Texas home rule municipality
By:
Mike Land,Town Manager
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Assienmant and Assurnntion Agreement
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THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
of FC Prosper Partner, Inc., a Texas corporation, General
Partner of Forest City Prosper Limited Partnership,a Texas limited partnership,known to
me to be the person whose name is subscribed to the foregoing instrument, who
acknowledged to me that he or she executed said instrument for the purposes and
consideration therein expressed.
WITNESS BY HAND AND SEAL this day of
2012.
Notary Public in and for the State of Texas
THE STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned authority, on this day personally appeared
of BP Terra Verde Investors,
LLC, a Delaware limited liability company, Sole Manager of TVG TEXAS 1, LLC, a
Texas limited liability company,known to me to be the person whose name is subscribed
to the foregoing instrument, who acknowledged to me that he or she executed said
instrument for the purposes and consideration therein expressed.
WITNESS BY HAND AND SEAL this day of 2012.
Notary Public in and for the State of Texas
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Assimment and Assumption Agreement
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ti
v
EXHIBIT "A"
Legal Description of the Remaining Property
INMI'ES ANDDOUNAS DESCRIPTION
202x.515 ACRES
FIRING a tract of land out of ilre N1,13,P-S P.R.R.SURVEY,Abxtrat9 No. 1476.11.13ARNF8
SURVEY,Abstract No.79,the B.HADGES SURVEY.Abstract No.593:the A.B. W.4190N
SURVEY.abstract No.672,the 14.13.WALTON SURVEY.Abstract No.1369,the T.BUTTON
SURVEY, Abstract No. RR,tlto P.R. RUM. SURVEY, Abstraet No. 1555. the .1. TETTrR
SURVLI", Abstract No, 1262,the L.NETHERLY SLRtVE.Y.Absttnct No,962,the IL RUE
SURVEY.Abxlract No.1113,the A.ROBLRTS SURVEY,Abslracl No.1115,the R.YXrEs
SURVEY. Abstract No. 1538,the L. RUE St!RVFY,Abstract No. 1110, the d. MORTON
SURVEY,Abstract No.793,the H.P.SALINE KIRNT,Y,Abstract No,1623.the 3.BATES
SURVEY,Abstract No.f e20,the C.SMIT11 SURVEY,Abstract No.W81.and the 1-SHUN ,
St1RV1BY,Abstract No. 1675,in Denton County,Texas,being Part of n called 1.616.90 acre
tract or fund described in deed to Forest City Prosper Limited Partncrclrip,recorded in Document
Number 2011-347637 Deed Records of Denloli Counly,TeXDs(DRDCT)(herein referred to is
Tract 1),and being Part of thusc catisin ducts dcxiribed iii deed to same,recorded in Document
Ntunbcar 2607-1441961(herein rctbmd to as'I'ract 2)and 2008-9959(herein refemd to as Truct
3), DRDCT.and being Part of!bat certain tract described in deed to MaNird 2003. PS, LP,
recorded In Doctunom Number 2(H)4.63827.DRDCT.and being more Particularly demilied as
follows;
BHGINNING at a PK Nail found at[lie approximate�r itarline intersection of Fish Trap Rond
and Fields Roi(d,at the northeaMeorner of Truct 2.,
11IENCE along Fields Road the followutg eoruses:
S 00°00'44"R.2327-49!feet
S 89°2536'W,21.23 feet
And S 00''01'37"E,502.49 feel to a point for the northeast corner,of that certain tract
described in decd 16 Richard and Nathan Flo itko,recorded in Document Number 2007-
144901 DRDCT_said point being on the ajtprosimate centerline nra creek:
TIII?NCL along said creek and Vic cmnmon line of said Budlike tract,the following courses,all
to points for comer:
S 66'44'18"W,11.20 feet: S 21'0('06'W.17.75 feet; S 2612727"W.12.20 feel
S 32°45'20"W.23,11 feei; S 30159'13"W,20,67 feet; S 3711.'19"W.22.22 feel;
S 60°29'18"W,An feet; S 69'59'21"W,88.69 Sect; N 80°38'48"W,12.36 reet;
N 66'22'07'Wt 65.21 fleet;N 61'03'03°W.47.42 feet: S 83'53'17"W.15.55 feet:
N 83°39'45"W.22.37 feet;N 4412719"W.17.63 feel:N 19"20'11"W.52.98 reef:
N 38'1044"WL 17.53 feet:N 57"5615"W.39.05 feat; N 7412639"W,35,89 rcpt_
N 73'55'32"W.129.74 Seel:N 82'33<3"W,38.11 feet; N 88119'50"W.25.45 Seel;
N 8530'05"W,35.61 feet:N 81°4139"W.22.21 reel:N 89°2959"W,28.40 feet;
S 75`32'-10"W.23.72 to K: S 86152'08"W.36.1 I feet; N 87'03'12"W.33.63 lcet;
N 83'51'37"W.36.91 feet: N 72'=58'42"W.44.69 feet: S 82"23'00"W,31.65!feet:
N 72 139157"13r.57.37 feot: S 88 159'22"W-27.91 feet: N 71"41'45"W.37.72 lecti
N 68'1749"W,31-171iet. N 63'27(18"fir,20.981eet;N 8(i"OR'g7"W.42.0«1 feet!
S M'2874"W,20.04 feet; N 1(5129'57"W.31.46 feet; N 81^15'31"W.35.73 fccl;
f
Assi enment and Assumofi on Aereem ent
For Preannexafi on Aereement-Page 8 of 40
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N 77'20'51"W,34.93 rest: N 73°1504"W;25.19 rcct; N 69'01'34"4V,122.73 tact;
N N*23'15"\V,45,13 reel. N 84115103"\1',34:50 rcct; N 63"3521"\V,2096 fact;
N'89'39'54"W,40.51 feet; S 77'55'W"W.10.61 feet; S 60 153109"W,I7.80 rent;
S 33°33'22"W,24.58 feet: S 31`22'02"W,38,44 fact; S 48'21'1 R"W,32:92 feel:
S 63"Z7'27"4V,17,12£ezp S 76°77'31"W.21.86 feet; S 7T22'23"W.68.R5 feet;
S 84"32'16"\�',57.261'cct; S 89'%34'09"\V,32.60 real; N 80°1010°W,113.261'eet:
S 764'15'0.;"W.11:3.15 Y4:t S&4^15'01"W.66.71 feet: S 99°47'00"W,64,4Gtert:
N 35"0724"W.20.74 feet; N 7112735"W,38.03 fact: N 65°4671"W,4090 feet:
N 61°22'46"W.39.671ee1; N 53"54'49"W.25,95 feet; N 38"29'09"W.25.14 feel;
N 27`16'23"W,19:32 feet;N 08'55'12"W.38.22 feat; N 51°21'43"W,20,551ccc
N 65"08'32"W.29.94 Pet; N 61°55'34"W.-13.110 reel; N.190-19'39"W.44.34 f+t:
And N 15°48'10'W.34,26 reel to the common line between the first drscrihed Dontke
tract.and:t second tract d"Neribad in decd to Richard and Nathan Rontko.recorded in
Document Nunibcr 2009-10359 DRDCT;
TTIENCE conlinezing along the npproxiumte centerline of said crack mid along the common line
thereof.die rolloi iog conises,all to points ror corner,
N 01'2347"W,11.81 reel:
N 86'091)9"W,30.78 rz t;
N 67'36'54"W.70,47 reel;
N 28°51'33"W,81,03 feet:
N 70'02'51"\V,125.09 feel:
N 42'38'07"W,20.94 fret;
�\nd S 77°36'20"W,203.71 feel it)the southeast corner of Oval eciblin trace dc'mailwo in
deed to'lim Moore.el al.recorded in Document Number 2009-120341 DRDCT:
'I'HENCE Due North.444.64 Iccl to the northeast comer tIlaraor;
11 IT-.NCR along flee north line of said Moore[Tact,lite following courscs:
Around a non-langenl curve to the risJil hawitig a central aiigel 2'23'53",n radios or
5180.00 fre(.a chord of S 66°43'38"W-224.31&,A,an urc distance of 224,331aet;
Around a compound curve lo the right having a central angel of 17 14'18".a radius or
1530,00 iaet,a chord of S 7613313"W.458.59 feet,an are distmice of 460.32 feet;
And around it reverse curve to the left liavhrg a central angel or 3 150'41",a radius of
670.00 fact,a chord of S 83'17'02"W-44.95 teal,run am distance ot'44,96 fief to h point
j oo the cast Wo or(food I lope Road forlhe norihAvest comer dtereof,
11-IENCE N 00°0810"16r,635.43 faet along said line to a 5)8"iron rod!found;
IVENCE N 00"03'34"W. 1241,08 feet to a fence comer being the soudnwesl wrier of that
certain tract now under owneiship of Judy Reeves:
'1111;NCH N X9°1455"U.939-6.5lcet along live south line thereon
111ENCE N 00'16'13"W,197.22 reel along the cast line shercof to a 112"inns nod Pound on the
soup line of Fish Trap Road;
i
i
Assignment and A ssumnti on A vreem ant
For Preannexation Agreement-Page 9 o£6o
4609796
I
l
#!609837
Mr. D. Craig Martin
May 29,2012
Page 14 of 64
i
TUNC:E N 89'5V23"L',815.79 feel along the South line of said mad:
ITTFNt C'R N 00102'49"W.36.27 feet passing into said rood,to a PN nail round:
'11-ILNCE S 8003'42"W.1776.94 feel along said road to a IlK nail laud at the intersection of
Pisa Trap Road and Good I lope Road,said PK nail Ruing in ilia approximate centerlines thereol'.
'IT1ENU 5(10"[515"E,3735.78 lacl along the utukrline of Good Hope Road to it point for
cornet;
'THEN(E S W23'26'1V, t14.24 feet leaving said road to a TxDOT monument 110und on the
north title of 1!.S'IIighfvay 380(a variable width right-ot=way)
THENCE a€ongthe north lincorsaid highway,the following coupes:
S 881341,C')er,2061.88 Ibet;
S 88''xml W.100.00 feet;
And S 800727"lir.22.3)feet;
IIIENCP.N 46 121'17"W.I It,S9 fact departing said line to a PK nail found in ilia approxinnde,
centerline or Clue Ro;td,and being on Ilia east title of that cartain tract dcscrihed in ducd to NW
380&423 LP,recorded in Dueuif eat\unfhcr 20 0 7-14 86 0 0 DRDCT,
THENCE,N 00'0708"N'.I l 16.0,1 fact along said road aid said line;
THENCR deporting Gee Road,continuing along lite common tine of.aid\11'180&423 LP
Iract.ilia Following eatr,acs:
S 89 100'13"11;450.32 feet to a point for comer.
S 39°55'--33"W,645.33 1'cet to a renco post found for confer:
N 12'39'45"6.2130-58 tact to a 112"inon pit)found at corner:
N 88°32'53"11',452.05 feet to it point for Corner:
N 71'12'22"W.50.19 feat to a point for comer:
N 27'52'12"W.225.40 feet to a point for corner:
S 81^13'41"W,101,01 feel to a point for comer.
S 22"47'07"W.137.89 feel to a point lbr comer-
S 52'42'27"W.203.71 feet to a point fix corner-,
S 38 138'12"W-198.71 feet to a point for confer.
S 57'48'13"r,602.40 feet to a point 1'or comer,
S 11:'24'22"W.2157.24 feet to a point at the nordieam coner orn tractor land conveyed
to Ilia City of Irving according to the deed recorded in Volume 4371.Page 5128
(DRDCT),
ll WNCK around the ltaufdary of said City or Irving lintel,lire fottnwing:
N 73`29'41"13',2413 leet to a pout for comer;
S 2I'MN I"W.181.00 tact to a point for corner:
S 73'29'27"F.'(r7.0D feet to a point fix comer.
Assignment and Assumoti on Apreement
For Preannexati on Agreement—Page 10 of 60
#604796
4609837
Mr. D. Craig Martin
May 29,2012
Page 15 of 64
i
N 22=20138"P,41,52 riot to a point for comer.
S 73"57'16"P.152.12 feet to a 112"iron pin found at comer;
TIITENCE S 31'23'12"W tdan%the west line of%nid NW 381)fie 423 LP irel for it distance of
878.42 feet to a point on the riotih line of said US Highway 380:
THENCE N 88'41'311"W along said US Iliglnvay 380 for a distance of 587.94 leet to a point f'or
comer:
THENCE,,11103%the east I)outldary of n tract of land conveyed to At.'raylot!(angel uccording.to
the deed rocordod in Ct tnttj Clerks Fite Number 9,1-110(39179.3(DRi7CT).the following-.
N 03"56'01"E,240.781'ect to a point ror comer.
N 55°59'01"li,132.20 feet to a point for comer.
S 20"l8'01"W,155.70 feet tort point For corner.
S 80°49'59"B.88.40 feet to it point forcomet;
N 45=13'01"E,261.10 feet to a point for caner
S 62'15'59"1.216.2(!feet to a point r6rcomer,
N.15`1401"C,184.76 feat to a point for comer,
N 56"01'01"E,183.40 feet to a point for comer.
N 18`OT01"E 197.90 feet to a point for comer,
atul N 73 W. 688.80 ltct to a Corns of Engineers monumc i found at the
Southeast comer of Glenbrook Eelates Phase 1-according to the filed plat recorded in
Cabinet N'_Page 718 or the Plat itceords of riLnnio3 courtly Te\6(PRDCT):
THENCE alongthe boundary line ofsaid Gierabrook)✓states Phase 1,the rullowing:
N 29"O2'03"I:.67.81 feet to a point for confer.
N 22°0426"E.710.31 foci to a Corps ofEnginccn montn lent found at corner:
N 33°00'31"E.221-33 feet to a Corps of Engineers nwnument found at corner:
And N 58'30'15"W.I 11.95 Icel to i point at comer,
TIIENCE N 07 155'24"E,710.05 feet departing said line,to a point for comer.
'111RNCE,along the.bounday of a tract of laud,conveyed to FISIITRi\P 45.1.11.according to the
deed recorded in Iaainunont Number 2009-148492(DRDCT),the following:
S 75°24'16'E,275.451'cet to aCorp%or Engineers monument found at comer;
N 19 1207"W4 739.75 r,,t to a Corps of finghleers monument foutad at corner:
N 35334'01"r,531..05 feet to a Corps'orEngineers monument found at comer:
N 02'04'22"W, 172,83 feet to a Fence Post found at corner being in the south line of n
tract of land conveyed fe,diary Weller,M al,according to the deed recorded in County
Clarks File Number 94-R0031655(DRDCT)i
THENCE S 77'28'43"E along said Weber tract for a distance of 55,104 feet to a Crops of
F;nginxn wont uncut found at comer:
11TL•'NCE N 01'16.36'E along fie cost line of said Weber tract for a distance of 278.91 feet.to a
1/2"iron rod Found for comer,
i
Assigpmen t and Assumnti on Agreement
For Preannexation Agreement—Page 11 of6Q
14609796
#604837
Mr.D. Craig Martin
May 29,2012
Page 16 of 64
TFIENCE N 00Y'59'53°E continuing along the east line or said Weber tract for a distance of
510.60 feet to a Corps of Engineers monuincnt found nt comer,
THENCE along tho boundary ora into oriond conveyed to Puy 5towfish.Ltd.according to the
deed recottled in Instrument Number 2010-75453.(DRUC1'j,lite fallowing:
N 011"5707"W,149.86 fvt tn.,Corp4 ot°Engineers montnucnt round at corner.
N 00'0044"E.1393.34 feet to it 1 f2"iron rod found fir vomer.
N 89"4912"W,505.13 feel to it Fence post hound for comer.
N(}0'50'11"W nlong the cast line of ft tract of land conveyed to]lenity Nolen according
to the dead recorded in Volume 2299.page 94(DRDCT)for it dMance o1'8111.75 reel to
Fence post'found for corner:
THENCE N 89"17'21"E part of the way along the south line or tract of land conveyed to
Lanell Giles acconl ng to the deed recorded in Instrument Number 02.25573())RDC`f)and part
of the way along the south line of a tract or land conveyed to Walter rain according to the decd
recorded in fnstrbntent Nuniltor 04-95008(DRDCT),for n total distance of 13851,64 feet to a
point for corner,
TTIENCr.N 03'3247"W along the cast line orsaid pain and die=m line ofsaid Giles tract for it
lotat distance of 929.901ec1 to a V2"iron rod round For corner.
TT1r.NCF continuing along the boundary of said Lanolf Giles tract,the roltowfng:
S'85°47'35"W,228.77 feet to apoint forc6mer
N 02°06'10"I?,1767,38 feet to a 3V'iron rod found for Lerner
S 88°23'1 V E, 1111.78 reet to a point for center in the west flue of a tract of land
conveyed to Sannuie Carey according to the deed recorded in Volume 2336,Page 541
(DRDCT),
THENCE 8 00'1032"W along said west line,125.32 feet to a point for comer.
TTIENCE N 88"59'25"E along the wulli line orsnid Carcy tract and the south line of a tract of
land convoyed to floritnc Alien according to the deed recorded in Volume 375, Pagan 395
(DRDCT)for a total distance of 2644,08 feet to a It2" iron rod round for corner in 0tc
apprusitnotc centerline of Good Hope Road;
THENCE N 00°48'55" W along the approximate cerdcrlin,of slid Good Hope Road ter a
distance of 992.21 feet to a 1 12"iron rod found for comer_
THENCE S 89°400"E.457,55 feel to a point for comer towards[tie east side of said Good
Hope Road;
rt I IiNCEi N 03'4700"1V a long said east line.)35.34 feet to a point tier comm
TTIENCE N 00°1572"W alotig said cast line and along tlic east line ofa tract ofland conveyed
to!lilac lacksott et at.fora total distance or 1726.79 feet to a point for comer.
i
Assignment andAssumntion Agreement
For Preannexation Agreement—Page 12 of60
4669796
4609837
Mr. D. Craig Martin
May 29, 2012
Page 17 of 64
THENCE N 89"45'3G"E:dotig the south lice of said 3ackxon tract and Ilse south line ol'a tra0t or
land conveyed to Smiley Road.Ltd according to the deed recorded in tnsimment Number 2006-
15660 (DRDCT). for a distance of 154430 feet to a PK Nail Found for comer in the
approximate centerline of P:u:'in Road;
111rWer alongthe npproximate Leaterl'inc of said Parvin Road,the following:
N 701(139"F,782 feet to a point for comer
N 74°05'38"E,206.69 I'm to n point lorcomer,
N 77`25'29"P.,112.34 feet to a 1!2"iron rod found 1'or comer:
N fll°2VI3"I,.17.0-1 JIM to u point for com:r.
N 89`604"6:.1300.08 reel to it I&'iron rod found for comer.
39°(19'15"r,.,3,15.1.61 fact to it 112"iron rod 1iumJ I'm comer:
'1'HL'NCE S 00"39'10" W along the !vest line of a tract of land conveyed to RIVI V0. LP
according to the deed recorded in himroment Number 2004.0086307(DRDCT),for p distance of
2807.86 feet to a PR Nail round fix corner in the approximato coitlaline of Prosper Road,.
T[IENCE-S 59 223:16"NV nloug said approximate centerline.3412.71 feet to a 112"iron roc!
found Im coiner.
-HENCE N 00'12'44"W departing said cenWrline,for a distance of 16.61 feet to a point fbr
corner on iho north edge of said Prosper Road-.
I
THENCE S 89°49'30"W along said north edge.2910 feet to a 5.•'8"iron rod round for comer;
11 TPNCP.along die b0t1ndan of a tract of Wid eunveyed to Teel Comer.LLC according to the
deed recorded in Instrnutent Number 2010-56964(DRDCT),the following:
N 00°04'00"F.199.34 I'M to a point for conter
S 89"41'l7"N',307.78 fwt ion point for comer;
S 30"05'33"E.230,00 feet to a point for comer
N 60°53'04"E, 16.09 feet to a point for comer.
S 72'1512"G.126.57 Net to a point for comer.
N 8914 t'15"F.21.70 I'M to a point for comer.
1
'111I:NCR along the approximate centerline ofnaid fields Road.the following:
S 00°02'02"W.1546,31 feet to a point for corner,
S 00°0841"G.1[96.19 feel to a 112"iron rod Found for corner
S(10'19'01"r 1051.65 tech to a 112"iron rod round for comer:
S 00146'08"NV,705.12 feet to n point for corner,
S 2013731"E_96.22 feet to a point for corner.
S 28°15'.13"G,189.49 fxt to a 3i8"iron rod found ror comer--
And S 02"06'16" 1:a distanco of 1803.09 reel to the POINT'OF 14EGINNINO acid
containing 88,362.114 square feet or 2028:515 acres ol'land.
Assignment andAssumotion Agreement
For Preannexation Agreement—Page 13 of60
§609796
#609837
Mr. D. Craig Martin
May 29,2012
Page 18 of 64
i
NfOrES AND HOUND$DESCRIPTION
2.000 ACME,
BEING u tract of land out of lite 13.HADGES SURVEY,Abstract Iva 593,being part ol'a culled
1.616,90 acre tract of Lard described hr deed to Forest City Prosper l.intiled Partnership,
recorded in Document Number 2011-34763,Deed Records of Demon County..1'exas(DRDCT),
and being more p:miculsrly described ac rollows:
13EGlWI NG at a Corps or Engineers mmnument]build on a norlltcact line orUcnbnwk Estates,
Plrar 1.cn addition hi Denton County,Texan according to the plat Iltar�of raeordad in Cabinet '
,l',Page 718 of the Plat Itecords of Denton Cotmlc.'Texas,and being the soullt corner of thnl
certain tract described in deed to rislntrap 45,L11,recorded in Document Number 2009-148492
DRDCT.and being a lvesterlF xnuthwcst comer ofsaid 1.G16.90 aen tract;
7IIENCE•N 07'55'24"E,669.72 feel:long lite common tine between said 1.616.90 acre tract
and,aid Fishtrup 45,I.P,trace,16 4 point for comer:
THENCE S 75'24'16"E.127.14 teen continuing along said common line to a paint Jbr comer,
'rfiENCIE S 07"55'24"11'.710.05 feet departing said line to it point on the common line betw"n
said 1.616.90 acre tract and Glenbrouk Estates,Phase 1,for comer:
THFNCE N 58''30'15"W.137,78 feet along said common line to the POINT Or BEGIN\1'NO,
and containing 87,120 square feet or 200D acres of land.
SAVEAND EXCEPT 1
WEST GOOD HOPE ROW
Being 0.303 acre tract of land located in the R.fates Survey.Abstract No. 1538 Town of
i Prosper. Denton County_'I'cxms-and being a portion or a called 615356 acts Intel Of land
I described in deed to the Mallard 2603 Partnership,1..R,recorded in County Clerk% rile No.
2004-0063827 Real Property]records, Denton County: Texas. and being more particularly
described as Follows:
Commencing at a 112"iron rod lbund at Elie northeast corner ora called 100 acre tract of land as
described in deed to the A•lahard 2003 Partnership.J..P.,recorded in County Clerk's File No.
2004-0024462,Rcul Properly'Records,Denton County.Te ti,and being in the approximate
center line of0ood Hope Road and the west Into ofa called 40 acre trnM ol'land as described in
deed to die Alahard 2003 Partnership,L.P.,recorded in County Clerk's File No,2004-0024460
Real.Property Rccords.Denton County,Teats.
Assignment and Assumoti on Agreement
For Preannexation Agreement—Page 14 oF60
9609796
#609337
i
Mr. D. Craig Martin
May 29, 2012
Page 19 of 64
7ltence South 00'48'42"Bast,along lite common line of said 100 and 40 acre tracts and said
Good Hope Road passing at a distance of 1553.28 feet the northwest comer of a call 38.37 aura
Iraq of land as described in deed to the h4ahard 2003 Partnership. L.11„recorded in County
Clerk`s File No.2004-0024458,Real Property Rccords,Dentorn Clammy,Texas,cold Contillntlls
for it total distance of dimanva or 1301,59£cat to it point for comer:nut cite xoulltensl comer of
called 1'00 acre tract and the northav l confer ofsaid 615.9$6 aere tract of land:
Thence South 06°24'56'Eusl,along the ctnnlnon line of said 615,956 and 38.37 acre lrwvt and
said Good Hope Road it dislance of 342.891eet to the point of begimling;
'171ence,South 06°24156"Pant,continuing along the conlmun line oi'vaid 615.956 and 38.37 acre
tracts and raid Goixl Hope Road.it distance or335,19 feet to it point for comer:
'Hwnce South 81°59'51"MA.leaving the common line or said 615956 and 38.37 acre tract",
and said Good Hope Ruad,a distance of 32.57 feet to it point for corner al the beginning of it
non-taugotlt curve to the Ictl;
Iltence Northerly,across said 615.956 acre tract and along said cane to the WL having a central
angle of 00'51'02",a radius of 1960,00 I'ecL an arc.distance of 29,10 feet whose chord bears
North 08`25'40"Wcst fora distance or29.10 feel to it point for comer;
71rurce North 09'51`1 l"Nest,across said 615.956 acre tract.it distance of 305.31 feel to a point
Ibr confer;
711erce North 8110849"Fast.across said 615.956 acre lmcL a dislance of 46.61 f el to lite Point
of lleginning and containing!3.216 square iccl or 0.301 acres of Iaod
it
t SAVE AND I3.XC1 1'T 2
]EAST 60011 ROPE RObV
Ming 0.312 acre tract of land located ill the R. Yates Survey, AWtacl No, 1538,Town of
Prosper.I anton County,Texas and being a portion of a called 38.37 acre nmol of land described
in deed to the Matlard 2003 Parllhership.L.F.,recorded lit County Clerk's File No.200.1-0024458
Real Property Records,I)entou County,Toms and being more particularly desc'ribcd as liollowst
Commencing at a 1.+2"iron rod found at the northeast corner ore called loo acre tract or land as
described in deed to the 6labard 2003 Parlticrship,L.P.,recorded in County Clerk's pile No.
2004-0024462. Real Property Record¢. Dethion County.Texnsv and being in the approximate
center line of Good Hope Rosd and lite hest line of a called 40 acre tract of land as described in
deed to the Mallard 2003 Partnership,L.P_recorded aft County Clerk's File No,2004-0024160
Real Property Records,Denton County.Temv,
-i
Assignment and AssutnrA on Agreement
For Preannexat on Agreement—Page 15 or64
#609796
4609837
Mr.D. Craig Martin
May 29,2012
Page 20 of 64
I
Ilvonw South{ttl'48'42"East,along the common line or said 100 and 40 acre tracts and said
Good Hope Road passing at a distance of 1553.28 foci the northwest corner of said 38.37 acre
Iract,and continuing ror a total distanee'of 1801.59 Feet to a point for eohter and the sok all C'mM
corner of called 100 acre tract and the northeast comet ora called 615.956 acre Irk(of land ant
described in deed to the Alahard 2003 Partnership,L.Y.,recorded in Cotmty Clerk's File No,
2004-0061827,Real ProperryRecords,Denton County Texas.
'thence South 06"24'56"Last.along the common line of said 615.956 and 38,37 acre Iracts and
said Good Hope Road.u distance of 342.99 Icct to the point of beginning'.
'Thence North 81°08=49' East_leaving the common line orsaid 615.956 and 38.37 acre tracts and
said Good llopc Road_a distance ol'33.39 I''ecl to a point for comer.
'llience South 08'31111"East,acrosssaaid 38.37 acre tract.a distance of 105,31 feat to it point for
corner and the bcohuiing ore curve to the right;
'Htence Southerly,across said 38.37 acre tract and along said curve to the right,baying it cenintl
angle or 00'51.'02".u radius of 2040,00 feel,an we distance of 30.29 teat whose chord beaus
south 08"25'40"cast for a di amicc of 30.24 lect to a point tin corer
'hence South 81"59'51"14'esL across said 38.37 nora tract,it distance 0'47.43 1€et to a point for
corner:
`i 7hetwe North 06124'56'West.along the conunon line or aid 615.956 and 38.37 acre tracts and
said Good Holhr Road,a dist>eace of 335,19 feet it)dne Point of 73oginning and containing 13.385
square Icet or 0.312 acres of land,
I
I
�i
ssi enment and Assumoti on Agreem ent
For Preannexan on Agreement—Page 16 of 60
9609796
#609837
Mr. D. Craig Martin
May 29,2012
Page 21 of 64
I
EXHIBIT"B"
Legal Description and Depiction of the Prior Conveyances
i
Denton County
Cynthia Mitchell
Ii�181IIf���fEIIlY�4���I��� �I� CvuntyCleik
Denton,Tx 76202
fo-zo-o-r Wi
Instrumant Nulnbor.2OUT•144901
As
Recorded On:Decembarl7,2007 Warranty Dead J
Parties:FORESTCITY PROPER LIMITED PARTNERSHIP Blllabla Pagos�J
To Number of Pagas:p
Comment: t
S I POn%a listed abw.ate far Cleft rof—nta only)
Examined and Chorpad as Follows:^
A'artaniy Oeea JS,titl
Total Recording: Ja.Oa
I
I
1
"" "••DO NOT REMOVE THIS PAGE IS PART OF THE INSTRUMENT"'•••"'^•
Any 10 0W1w harem W01 Aft.(hu Sate,Rent-1 o•us¢or th0 d..Hi REAL PROPERTY
batawaaf m'cv wrote la lmattd endN—b-ri wder Rdnal low.
File Information: Record and Return To:
Document Number,2007-144901
Receipt Number.4435119 CHICAGOTITLE INSURANCE COMPANY
Ro=rded Datofnmo;December 17.2007 11:3522A 2001 BRYAN STREET STE 1700
DALLAS TX 75201
User!Slatlom K Dean-Cash SlatIon 2
THE STATE OF TEXA
�aiV\yl, COUNTY OF DENT N))
- �p y n�mw M,wr,.w....wr•.cnnoaomu,.«na.la«..a.manmocwmr..e..a
♦ru4n• County Clerk
Denton County,Texas
"i 'ACS/TRG AxMTOH Die. 000144902 Dotal 12/1712007 Vo 0000000 Page, 00no6 Peg3 Or 3
'I
{
I
Assignment and Assumotion Agreement
For Preannexation Agreement—Page 17 of 60
009796
#609337
Mr.D. Craig Martin
May 29, 2012
Page 22 of 64
o2lt7lr-D/��0 ll� l ,v�d,� Low
NOTICE.OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE_ ANY OR ALL OF THE FOLLOWING
INFORMATION'FROM THIS INSTRU3IL>NT BEFORE YI`ts FILED FOR RECORD IN
THE PUBLIC RCCORDs: VOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER 'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
I
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF DENTON §
THAT FOREST CITY PROP$R LIMITED PARTNERSHIP,a Texas limited partnership
(hereinafter called"Grant°W1, for and In consideration of the sum of TEN AND NO1100
Dollars($I0.00)and the finiher consideration of the execution and delivery by RICHARD J.
BONTKII and NATIiAN P. BON1'KE(collcctivoly, hcminafler called"Grantee'),whose
mailing address is 601 Airport Dr.,Mansfield,Texas 76065,of that certain Deed of Tmst Note
of even date hcravidi(the"\ote")payable to the order or Orantor in the principal stun of
I THREE MILLION SEVEN HUNDRED SIXTY-THREE THOUSAND FIVE HUNDRED
i EIGITTY FOUR and NO1100 Dollars(S3,763,$84.00),secured by a vendor's lien retained herein
and additionally secured by a decd of Inist of even date hemwith cxcctdcd by Grdntee for the
beaefrt of Grantor covering,mnoag other things,that certain neat property located in Denton
Cooaty,Texa§,mum*particularly describM on -xhihit A attached hereto and.inadc a part hereof,
together with,all and singular,all improvements and fixtures situated thereon,and all rights and
appurtenances pertaining thorcto, Including any right, title and interest of Grantor to the
centerline of adjacent streets,alleys,or rights of way(collec(ivcly,the"Propertv'),and Par
other good and vnlunble.consideration the receipt and sufficiency of which are hereby
acknowledged,has GRANTED,BARGAINED,SOLD and CONVEYED,and by these present«
does GRANT,BARGAIN.SELL AND CONVEY unto Grantee that certain real property located
in Dcntoo County,Texas,and being more particularly doseribed,on t't attached hereto
and made a part litre-of,togellicr with,all and singular,all improvements and fixtures simalcd
thdicon,and all rights and appurtcnances pertaining thereto,including any right,title and interest
of Grantor to the eenterllne of adjacent streets, alleys,or rights of way(collectively, the
This conveyance is made and accepted subject and subordinate to standby fees,taxes and
assesstacnts by any tnxhig atnbority for year 2007 and for subsequent years,and lire matters set
forth on Exhibit R nttaehcd hereto and made S part bettor for all purposes(eDllectivety,the
"Permlked Encumbrances`).
TO HAVE AND.TO HOLD the property,together with all and singular ilia rights and
appurtenances thereto is any wise belonging unto Grsnrcc, Grantees heirs, executors,
administrators,personal representatives, successorsand-asstigns'fori:vet and subject to the
Perradicd Encumlxances,and Greater does hereby bind itself,Its successors and assigns,to
WARRANT AND FOREVER DEFEND all and singular the Property unto_Grantee,Grantee's
heirs,executors,adnilnistmtors,personal representatives;suceessors.and assigns,against every
496s769W1
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Mr.D. Craig Martin
May 29,2012
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person whomsoever lawfully claiming or to claim the same or any part thereof,by,through or
under Grantor,but not otherwise,subject,however,to the Permitted Eneumbrimem.
Without Limiting the foregoing,this conveyance is rurthcr made by Cmntor and accepted
by Grantor subject to die following additional covenant and restriction,to which Grantee agrees
by acceptance of this conveyance:
THE PROPERTY MAY CONTAIN UP TO A MAXI:tIUM OF 190 MVLTI-
FA.MTLY UNITS AND Iflil TOWNHOME UNrrS. TIIE PROPERTY MAY
NOT BE USED FOR ANY OTHER RESIDENTIAL USES WITHOUT THE
PRIOR WRITTEN APPROVAL OF GRANTOR.
The folcgaing restriction and covenant shall be a covcmmA running with the hand,which
shall Inure to the benefit of and be enforceable by,Gruntor and its successors and assigns, For
purposes of the forgoing,the assigns or Grantor'slmll include any person or entity to which
Grantor may specifieaily Assign its rights and duties hereunder,and to be effective any such
assignment mull be in writing and recorded in the Official Public Records of Denton County,
Texos. Enforcement ofsaid covenants and resirictious may be by proceeding at law or in equity
apinst any person or persons violating or attempting to violate,any such restriction or covenant,
by injunction to restrain violation,to enforce specific performance,to recover damages,or any or
all of the foregoing remcdles;it being intended that such remedies shall be cumulative. Failure
to enforce any of said covenants or restrictions shall in no event be deemed to boa waiver orthe
right to do so thereafter.
It is expressly agreed that a vendor's lien,as well as superior title in and to the Property,
is retained against the Property until the Note and all interest,hereon are fully paid according to
`i the face,tenor,street and reading thereof,when this Special Warranty Deed shall become
l absolute.
BY ITS ACCEPTANCE OF THUS CONVEYANCE, GRANTEE HEREBY
EXPRESSLY ACKNOWLEDGES AND AOREES THAT GRANTEE HAS THOROUGHLY
q. WSPECfED AND 114)fAMINED TIME PHYSICAL CONDITION OF THE PROPERTY TO
THE EXTENT DEEMED NECESSARY BY GRANTEE INORDERTO ENABLE GRANTEE
TO EVALUATE THE PURCHASE OF THE PROPERTY. GRANTEE HEREBY FURTHER
ACKNOWLEDGES AND AGREES THAT GRANTEE.IS RELYING SOLELY UPON THE
INSPECTION,EXAMINATION,AND EVALUATION OF THE PHYSICAL CONDITION
OF THE PROPERTY BY GRANTEE AND THAT GRANT=HERESY ACCEPTS THE
PROI'CRTY ON AN"AS IS,""WHERE IS°AND"WITH ALL HrAULTS"BASIS,WITHOUT
REPRESENTATIONS,WARRANTIES AND COVENANTS,EXPRESS OR IMPLIED,OF
I ANY KIND OR NATURE„EXCEPT FOR THE SPECIAL WARRANTY OF TITLE SET
FORTH HEREIN AND THE LIMITED REPRESENTATIONS SET FORTH IN SECTION 7
OF THAT CERTAIN COMMERCIAL CONTRACT OF SALE BY AND BETWEEN
GRANTOR AND GRANTEE DATED EFPECTIV.E AS OF SEPTimpriR 7,2007(AS
AMENDED,THE"CONTRA ), Tim GXPRESS INTENTION OF GRANTOR AND
GRANTEE IS THAT GRANTEE SHALL PURCHASE THE PROPERTY FROM GRANTOR
WITIIOUT ANY ttEPRESENTA'11ONS.WARRANTIES OR COVENANTS,EXPRESS OR
ayssl6v,•z
.� *Acs/TBc-na17TOq poes 000144901 natnt 12/11/2001 Vdlt 0000000 Paga, 00000 Page, r Of 9
Assignment and Assumotion Agreement
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Mr. D. Craig Martin
May 29,2012
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IMPLIED,FROM OR OF GRANTOR,OTHER THAN TTIE LIMITED REPRESENTATIONS
SET FORTH IN SECTION 7 OF THE CONTRACT, GRANTEE HEREBY WATVF,S AND
RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISINd OUT_ OF, OR WITH
RESPECT OR IN RELATION TO, ANY REPRUENTATIQNS, WARRANTIES, AND
COVENANTS,WHETHER EXPRESS OR IMPLIED,WHICH MAY HAVE SEEN MADLY
OR GIVEN,OR WHICFf MAY BE DEEMED TO HAVE DUN MADE'OR GIVEN,BY
GRANTOR, OTHM THAN TILE LIMITED REPRESENTATIONS SET FORTH IN
SECTION 7 OF THE CONTRACT.
ME.NAINDEROFTHI5 PAGE LNFENUONALLY LEFT BLANK]
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•M`6/TRC•DF3T1'O`I D00, 000114a01 D.t., 12f11/2D07 V011 0000000 PeJa 00000 P9ye, !01 9
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Assignment and Assnmotion Agreement
For Preannexation Agreement—Page 20 of 6O
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#609&37
Mr. D. Craig Martin
May 29,2012
1
Page 25 of 64
EXECUTED this day of December,2007.
GRANTOR:
rOREST CITY PROPER LACTED
PARTNERSHIP,a Texas limited partocrship
by; VC Prosper Partner, Inc., a Texas
vorpotation,Its Genera!Partnei
BY -
Name,
Ti$c1 Ltd .nsx.r
i
1
i
49GST49v,2
+hf5/TEC+DMITOa Doci 000144901 Date: 1211712007 Voll 0000000 Pagd, 00000 Page. 9 Of 9
Assignment and Ammotion Agreement
ForPreannexation Agreement,—Page 21 of60
W9796
8609837
r
Mr. D. Craig Martin
May 29,2012
Page 26 of 64
STATE OF Ai x
COUNTY OFD§
BEFORE NIE,the Dadcsigned authority,on this day personally appeared bean Wingett,
Senior Vi6o Ptcsident of FC Prosper Partite,fne.,a Texas corporation,as Gdnelzl Partner of
FOREST CITY PROPER LFMfTED PARTNERSHIP,a Texas limited partnership,known to me
to be the person whose name is suhscribW to the farcgoing instroment,and acknowledged to me
that he executed the same for the purposes and consideratlun therein cxpr=cd,in the capacity
therein stated,and as the act and deed ofsaid company and partnership,
2007_
G YI
GIVEN UNDER Y HAND AND SEAL OF OFFICE,this the 1144"day of December,
�«c
Notary Public-Stnte of&A2,aA4
My commission explres: lz..t5.zQQ9
KELLV PENUc`tA'
NDtery PuDlk•Aslzoan.
WHEN ItECOFIDP.Q Rum To: � pFMACOUNiY
My Cgnrtdealon Elgt}+ea
Chicago Title Insurance Company EM9t3I tli,2t%38
2001 Bryon Street.Suite}700
Patios,Texas 75201
Attu:Ladle Wheeler
I
I
I
i
1
49h5:69v.S
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Mr. D, Craig Martin
May 29,2012
j Page 27 of 64
i
oop•+o3s3 - '
'*** Electronically Filed Document *"**
Denton County
Cynthia Mitchell
County Clerk
I
Document Number: 2009-10359
Recorded As : ERX•DEED
Recorded On: January 30,2009
Recorded At: 09:52:19 am
Number of Pages: 9
Recording Fee: $43.00
Parties:
Direct.FOREST CSTY PROSPER UMIT50 PARTNERSHIP
indirect-
Receipt Number: 559196
Processed BY: Carmen Robinson
i
j "ATM"'•`"`THIS PAGE I5 PART OF THE INSTRUMENT
Any P-10-n h.W-Wlh rcafdcte the Sale,Rental a lue of fie desuibed REAL PR01"E N
Deeeuee a1 cower lam w Imalld and vMl cwble under"Id law,
T aue rexul
��•Y IeouMiv es pf«roal
I4wM.�rw,rs v��rw fltta Lr fl.«�f.e,n.va..a a.i.NN.
p?\�J �.y..I...wyy+.«ury�fcaeo[e�w vrtlul a,e«e,m pmnn ce.nr.lo�.
i .&OSI RO•DMON Doc: 000010139 Dace:0113012009 Vol: 0000000 Pages DO000 Fagot 1 Or 9
I
Assignment andAssumotion Agreement
For Preann exadon Agreement—Page 23 of 60
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Mr.D. Craig Martin
May 29, 2012
Page 28 of 64
n�.raas9
�IOD�OIG.h"� G/31.r1
NOTICE OF CONFIDENTIALITY RIGHTS;IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM THIS INSTRUMENT BEFORE IT IS kMED FOR RECORD IN
THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE N[IMRRR
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF D won §
THAT FOREST CITY PROPER LIMITED PARTNERSHIP,a Texas limited partnership
{hereinafter tailed"Grantor' and in consideradon of the sty of TEN AND NO 1100
Dollars{$10.00)and the'lrther consideration of the execution and delivery by RICHARD J.
BONTKE and NATHAN P.BONTKE (collectively, hereinafter called "Grantee"),whose
mailing address is 601 Airport Dr,,Mansfield,Texas 76063,of that certain Deed of Trust Note
of even date herewith(the"Note)payable to the order of Grantor in the principal sum of ONE
MILLION EIGHT HUNDRED FORTY-FOUR THOUSAND NINE HUNDRED TWENTY-
TWO and 001100 Dollars($1,844,922.00),secured by a vendor's lien retained heroin and
additionally secured try a deed of trust of even date herewith executed by Grantee for the benefit
of Grantor coveting,among other things,that certain real propery located in Denton County,
Texas,more particularly desenkd on Exhi 't attachod Hereto and mado a pad hereof,together
with.all and singular, all'improvemeats and fixtures situated thereon, and all rights and
appurtenances pertaining thereto, including any right;title and interest of Grantor to the
centerline of adjacent,stre.ets,alleya,or rights of way(collectively,the.'E22 rN"),and for
other.good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged.has GRANTED,BARGAINED,SOLD and CONVEYED,and by these presents
does GRANT,BARGAIN,SELL AND CONVEY unto Grantee the Property.
This conveyance is made and accepted subject and subordinatc to standby fees,taxes add
assessments by any taxing authority for year 2009 and for subsequent years,and the matters set
forth on Exhibit A attached hereto and made a part hereof for all purposes(collectively,the
"Permitted Encumbrancee"),
i
TO HAVE AND TO HOLD the Property,together with all and singular the rights and
appurtenances thereto in any wise belonging unto Grantee. Grantee's heirs, executors,
administrators, personal representatives, suceessois and assigns€braver and subject to the
Permitted Etteumbraaces,and Grantor does hereby bind Itself,its successors and assigns,to
WARRANT AND FOREVER DEFEND all and singular the Property'uato Grantee,Grantee's
heirs,executors,administrators,personal representatives;auccessors and assigns,against every
person whomsoever lawkily claiming or to claim the same or any part thertof,by,through at
under Grantor,but not otherwise,subject,however,to the Permitted Encumbrances,
asysz6�.z
•ACS/TAC• OWTCir Do 000010359 Data, 01/3012009 Vol: O000eo0 Pago, 00000 page, 2 Or 9
ssi ntnent and Assumption Aareem.ent
For Preannexation Aereement—Page 24 of 60
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Mr. D. Craig Martin
May 29,2012
Page 29 Of 64
Lbc-r035B
Without limiting the foregoing,this conveyance is further made by Grantor and accepted
by Grantee subject to the following additional covenant and restriction,to which Grantee agtpes
by acceptance of this conveyance:
TEE PROPERTY MAY CONTAIN UP TO A MAXIMUM OF 64 MULTI-
FAMILY UNIT$.AND 64 TOWNHOME UNITS. THE PROPERTY MAY
NOT REUSE])FOR ANY OTHER RESIDENr1AL USES WITHOUT THE
PRIOR WRTITEN APPROVAL OF ORANTOR.
The foregoing rcxUiction and covenant shall be a covenant running with the land,which
shall inure to the benefit of,and be enforceable by,Grantor and its sucecssors and assigns. For
purposes of the foregoing,the assigns of Grantor shall include any Person or entity to which
Grantor may specifically assign its rights and duties hereunder,and to be effective any such
assignment must be in writing and recorded in the Official Public Records of Denton County,
Texas. Enforcement of said covenants aid restrictions maybe by proceeding at law or inequity
against any person or persons violating or sucrupting to violate any such restriction or covenant.
by itqunctian to restrain violation,to enforce specific performance,to recover damages,or any or
all of the foregoing rvmtdics;it being intended that such remedies shall be cumulative. Failure
to enforce any of said covenants or restrictions shall in no event be deemed to be a waiver of the
right to do so'thcreafter.
It isctpressly agreed that a vendor's lien,as well as superior title in and to the Property,
Is retained against the Property until the Note and all intorest thereon am fully paid according to
the face,tenor,eMel and reading thereof,when this Special Warranty Deed shall become
absolute.
BY ITS ACCEPTANCE OF THIS CONVEYANCE, GRANTEE HEREBY
EXPRESSLY ACKNOWLEDGES AND AGREES THAT GRANTEE HAS THOROUGHLY
INSPECTED AND EXAMINED THE PHYSICAL CONDITION OF THE PROPERTY TO
THE EXTENT DEEMED NECESSARY BY GRANTEE IN ORDER TO ENABLE GRANTEE
TO EVALUATE THE PURCHASE OF THE PROPERTY. GRANTEE REMY FURTHER
ACKNOWLEDGES AND AGREES THAT GRANTEE IS RELYING SOLELY UPON THE
INSPECTION,EXAMINATION,AND EVALUATION OF THE PHYSICAL CONDITION
OF THE PROPERTY BY GRANTEE AND THAT GRANTEE HEREBY ACCEPTS THE
PROPERTY ON AN"AS IS,""WHERE IS"AND"WITH ALL.FAULTS"BASIS,WITHOUT
REPRESENTATIONS,WARRANTIES AND COVENANTS,EXPRESS OR TIMPLIED,OF
ANY KIND OR.NATURE,EXCEPT FOR THE SPECIAL WARRANTY OF TITLE SET
FORTH HEREIN AND THE LIMITED REPRESENTATIONS SET FORTH IN SECTION 7
OF THAT CERTAIN COMMERCIAL CONTRACT OF SAGE BY AND BETWEEN
GRANTOR AND GRANTEE DATED EFFECTIVE AS OF JANUARY— 2009 (AS
AMENDED,THE"CONTRACT"). THE EXPRESS INTENTION OF GRANTOR AND
GRANTEE IS THAT GRANTEE SHALL PURCHASE THE PROPERTY FROM GRANTOR
WICHOUr ANY REPRESENTATIONS,WARRANTIES OR COVENANTS,EXPRESS OR
IMPLIED,FROM OR OF GRANTOR,OTHER THAN THE LIMITED REPRESENTATIONS
SET FORTH IN SECTION 7 OF THE CONTRACT. GRANTEE IIEREBY WAIVES AND
RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF. OR WITH
.asas7W.z
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-ooc.t0350
RESPECT OR IN RELATION TO, ANY P.RIMSFNTATION% WARRANTIES, AND
COVENANTS,WHF.THFR EXPRESS OR IMPLIED,WHICH MAY HAVE DF,EN MADE
OR GIVEN,OR WHICH MAY BE DEEMED TO HAVE,13 UN MADE OR GIVEN,BY
GRANTOR, OTHER THAN THE LIMITED REPRESENTATIONS SET FORTH IN
SECTION 7 OF THE CONTRACT.
[RwAINOER OF THIS FAGB WrMnONALLY LEFT BLANK]
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Mr.D. Craig Martin
May 29,2012
Page 31 of 64
i
Ooe-,Q159
EXECUTED this-.44day ,of January,2009.
li
GRANTOR,,
FOREST MY PROPER LIMUED
PARTNERSHIP,a Texas IhIled partnership
By: rC Prosper Partner, Inc., a Texas
corporation,itv General Psriiner
By 1&�C�YP
'(`rip; (Vlar fL A. —1dr mes
Tfde; Vits— 'frsl'rlcnf
I
7
i
4MI69v.2
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For Preannexation Agreement—Page 27 of 60
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11i
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Page 32 of 64
I
Dce•tnx50
STATE OF_dl O §
cowry OF 4§
BEFORE ME, the und�osigned autiwnttyy eon this day personally
appeared Aldrk k.�nc�s 1/tt'e-1°res iftu'l` of FC Prosper Partner,
]nc., a Texas wtpotation, as General Partner of FOREST CITY PROPER LIMITED
PARTNERSHIP,a Texas Ernited partnership,known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that he executed the same for
the purpases and mmtMeiation therein expressed,in the capacity dlewin stated,and as the act
and deed of said company and partnership.
GIVEN TINDER MY HAND AND SEAL OF OFFICE,this the. 6dey of January.
2004.
Notary Public-Smte of K to i d
My commission expires.
oa�ta -*cRb
rnePWENECORDED RETURN TO. $ t47.o9 lretnndata
ttC
Chicago Title lasumnee Company
2001 Bryan Shvet,Suite 1700
Dallas,Texas 75201
A=Leslie Wheeler
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4%376912
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Dx•10]$9
ErXEUM A
LEGAL DESCRIPTION
DEINO A 38.364 ACRE TRACT OF LAND LOCATED IN THE J.SATES SURVEY,ABSTRACTNO.1620,
AA•DHEING A PORTION OF A CALLED283420ACRETRACTOP LANDDESCRUIEDAS TRACT 1 TO
FOREST CITY PROSPER,LP.RECORDED IN COUNTY CLERIC'S FILENO.2007-00144196,DEED
RECORDS,DENTON COUNTY,T>;11AS,AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A In"IRON ROD WITH A YELLOW PLASTIC CAP STAMPED"SPIARSENG"SET FOR
C0RNHRATTH6 SOUTHWEST CORNER OF SAID 283.420 ACRETRACT AND SAID FORESTCCCY
PROSPER,I.P.TRACT,SAID POINT ALSO BEING IN THE NORTH LINE•OF U.S.HIGHWAY 380,A 160
FOOT WIDE PUELIC RIGHT-OF-WAY AT THE BEGINNING OF A CORNER CLIP;
THENCE NORTH 46°40'54"WMT,DEPARTING THE NORTH LINE OF SAID U.S.HIGHWAY 380,A
DISTANCE OF 83.04 PEST TO A 12"IRON ROD WITH AYELLOW PLASTIC CAP STAMPED
"SPIARSENG"SET FOP CORNER AND BEING ATTHE END OF A CORNER CLIP IN THE EAST LINE OF
GOOD HOP)IROAD;
'aWNCR NORTH OnS']6'WEST,CONTINUINO ALONO SAID EAST LYNE OF GOOD HOPE ROAD,A
DISTANCE OF 1105.55 FEET TO A I2"TRONROD WITH A YELLOW PLASTIC CAP STAMPED
"SPIARSENG"SET FOR CORNER;
THENCE NORTH 14`0739'EAST,A DISTANCE OF 83.38 FEET TO A I2"IRON ROD WITH AYELLOW
PLASTIC CAP STAMPED"SF.IARSENG^SET FOR CORNER:
THENCE NORTH 36 2YG4"EAST,A DISTANCE OF 122.50 FEET TO A W-IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED'SPIARSENG"'9a FOR CORNER:
THENCE NORTH 63"00'99'EAST,A DISTANCE OF 62.17 FEET TO A Ior IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED SPIARSENG'SET POP CORNER:
THENCE NORTH 38%4'06"EAST,A DISTANCE OF 51.46 FSST TO A IIL'IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPIARSENO"SEI FOR CORNER;
THENCE NORTH 70"0235"EAST,A DISTANCE OF 17236 FEET TO A I2'IRON ROD VATH A YELLOW
PLASTIC CAP STAMPED'SPIARSENG"SET FOR CORNER;
THENCE NORTH 48°06.34"EAST,A DISTANCE.OF 45,28 FEET TO A 112"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED'SPIAR$FNG"SET FOR CORNER;
T1IENCEN0RTH 28°00W EAST,A DISTANCE OF 40.16 FEET TO A I2"IRON ROD WITH A YMLOW
PLASTIC CAP STAMPEb'SPIARSENG"SET FOR CORNER;
I THENCE NORTH 66"OY53"EAST,A DISTANCE OF 18.53 FEET TO A 112"IRON ROD WITH A YC•LLOW
PLASTIC CAP STAMPED'SPIARMC,"SET FOR CORNER;
THENCE SOUTH 89°11'15"FAST.A DISTANCE OF 15.62 FEET TO A 12"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPLWENG"SETFDR CORNER:
THENCE SOUTH 7V2637"EAST,A DISTANCE OF 24.93 FEET TO A 12-IRON ROD WITH AYELLOW
PLASTIC CAP STAMPED'SPiARSENW SET FOR CORNER;
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For Pre annezation Agreement—Page 29 of 60
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' oa�•tDSS9
THENCE SOUTH 82°0733°EAST,A DISTANCE OF 13.81 FEE]'TO A 112"MON ROD WITH A YELLOW
PLASTIC CAP STAMPED°SP'ARSSNG"SET FOR CORNER;
THENCE SOUTH 55'16'09"EAST,A DISTANCE OF 70.84 FEET TO A In"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPTARSENG"SET FOR CORNER;
THENCE SOUTH 74`09'48"EAST,A DISTANCE OF 9331 FEET TO In"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPIARSENO"SET FOR CORNER:
THENCE SOUTH 50127SV EAST,A DISTANCE OF 26.68 FEET TO A IM"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPIARSENG"SET FOR CORNER;
THENCE NORTH 77°36'11"EAST,A DISTANCE OF 26350 FEET TO Ir2"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPIARSENG"SET FOR CORNER;
THENCE SOUTH 42°36']L"EAST,ADISTANCE OF 20.94 FEET TO A ln"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPIARSENG"SET FOR CORNER;
THENCE SOUTH 70103'00"EAST,A DISTANCE OF 129.09 FEET TO A 112"1RON ROD WITH A YELLOW
PLASTIC CAPSTAMPED^SPIARSENO"SET FOR CORNP.R;
THENCE SOUTH 28°51'42"EAST,A DISTANCE OF 81.03 FEET TO A In"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPED"SPIARSENG"SET FOR CORNER;
THENCE SOUTH 679T03"EAST,A DISTANCE OF 70.47 FEET TO A In"IRON ROD WITH A YELLOW
PLASTIC CAP S'T'AMPED"SPIARSEN0 1'SET FOR CORNER:
THENCE SOUTH 86'09']8"EAST,A DISTANCE OF 30.78 FEET TO A In"IRON ROD WITH A YELLOW
PLASTIC CAP STAMPF,D"SPIARSENG"SET FOR CORNER.SAD?CORNER ALSO BEING THE
NORTHW ESTCORNER OF A CALLED 15.034 ACRE TRACT OF LAND DESCRIBED TO RICHARD L&
NATHAN P.RONIM BY SPECIAL WARRANTY DEED AS RECORDED 1N COUNTY CLERK FILE 2007-
144901,DEED RECORDS,DENTON COUNTY;TEXAS;
.i THENCE SOUTH 01°2356"EAST,CONTINUING ALONG THE WEST LINE OF SAID 15.034 ACRE TRACT,
A DISTANCE OF 1321.07 FEETTO A 1T2"IRON ROD WITH A YELLOW PLASTIC CAP STAMPED
"SPIARSENG"SET FORCORNER IN THE NORTH LINE OF SAID US.HIGHWAY 380;
THENCE SOUTH 88°36'04"WEST,CONTINUING ALONG SAID NORTH LINE OF SAID US,HIGHWAY
380,A DISTANCE OF 112334 FEET TO TIM POINT OF BEGINNING AND CONTAINING t,671,125
SQUARE FEEL'OR 38.364 ACRES OF LAND,MORE OR LESS.
i
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Assignment andAssnmotion Agreement
ForPreannexation Agreement—Page 3OoF60
9609796
i
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#609537
Mr. D. Craig Martin
May 29,2012
Page 35 of 64
EXEIIBrr s
PERMITTED EXCEPTIONS
I. Rights of tenants in possession,as tenants only,under unrecorded lease
agreements.
2. Easement granted by Ernest Mal,ard to the City of Irving,dated July 2,2001,filed
for record on July 3,2061 and recorded to Volume 4871,Page 5120,Real
Property Records,Denton County,Texas,assboivn on survey prepared by Lenard
Victor Wall,RPLS#5249;dated November 7,2008.
3. All of the oil,gas and other minerals and all other elements not considered a part
of the surface estate ire excepted herefrom,not insured berein'nor guaranteed
hereunder,all having been reserved in instrument recorded under Clerks File No.
2006-119887,Real Property Records,Denton County,Texas.
4. Terns,provisions,easements and conditions contained in Prearnexation
Agmement,executed by and between The Mahard 2003 Partnership,L r.,
Mahard Egg Farm file FC Prosper Partner,Inn.,Forest City Prosper Limited
Partnership and the Town of Prosper,dated Doocmbce 13,2007,Bled for record
on➢ecember 14,2007 and recorded under Clerk's File Nm 2007-144167,Real
Propetiy Records,Denton County,Texas.
A9b3�64v2
•ACS/TRC•DrW014 Doe: 0000!0359 Dace: 01130/2009 Vol: 0000000 Papa: 00000 rngn, 9 of 9
Assignment and Assumotion Agreement
For Preannexatlon Agreement.—Page 31 of 60
960.9796
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#609837
Mr.D. Craig Martin
May 29,2012
Page 36 of 64
Denton County
Cynthia MItchelt
a.OentontTx'70202
Instrument Number:200$-120335
As
Recorded On.Octobar 72,2009 Warranty Dead
Patties:FOREST C!"PROSPER LIMITED PARTNERSHIP Billable Pages:6
To Number of Pages:6
commenL-
(I'affius dd ed caovo are Ior Clorhs Mfurunce Orly)
•`Cuaminod and Charged as Follows:"
WuoaMy QooJ 3100
Total Rccmdlne: 31.00
I
I
"""•'•'""DO NOT REMOVE.THIS PAGE IS PART OF T14E INSTRUMENT•'""'""°'
my movidon h0f9in wf,ch rda:rlcis the Sale.Rental of use of the desulhed REAL PROPEhTY
6aaauee ofm7Dr U MM IS In'ralld all uncMarceablo under federal I—,
File Information; Record and Return To:
1 Dommeht Number:2009-120335
Hecelpi Ivtember.626366 GUA 113 HOSE YALE HYMAN B LEE
Recorded DateMme:Ociober 12,2009 11:1829A. 5420 LBd FWY
STE 1300
User!Station:D Kltimiller•Cash Stailon 2 DALLAS TX 75240
THE STAT9QFTEXAS)
r COUNTY OF DENTON]
Q" InNiWa+llb tlidlnh lm+.aN•dlrufaw In lAt raglumLrnwne•en a,•dM•!Yw
pnalq M+in,ordwa dNya69enara b ur•aMCLI R•KR'i Naenlaa�4vn1y t'ieii.
Y
r^--1x Caanty Clark
County:Texas
Assicnment and Assumnfion A,ereemeot
For Preannexafion Agreement—Page 32 o£60
#609796
#609837
Mr.D. Craig Martin
May 29,2012
Page 37 of 64
Exrcuno to to wmti,m or die 2i,,4,,y or September,2009
Cs c&NTM.
FOREST CITY PROSPER L11,17M.- PART.-JERS111P,
a7reumllm'-tid p3stiterillip
By: pr.pmp.pr.f pflrme',
alrem coepomiion,
its cell'!2 7MIr
Nime 41(&CO P.NltiaAg il
TRW wident
TI ELI�-IATK OF TEXAS
COUNTY OF COLL114
Robert IT.Mcuicb6n,Pmsidonl otFC Prosper F"tir,Inc.,AT.Yas=po-fl,315,C00WAl Plr1n0vfF6re9i
City rr*#;rLlrnitcd Pridnerh1p.ii Tow IlmitcA ParbiMMp,on b-.Wfof.ietd lloiliid Plruci'lilp,
(SEAL)
1n and for
v eAN A M.VON LE AIDEN
STATE Of'OHIO
After ret*rllinu rcsurn to;
A,gqln K gtqNsDu
Cmts4 Per:.Tit,-Fymon&Lee,KC,
54241 LUJ Pftomy,SbAi 1300
Delbs,Ttks,75240
2
Assima ent and Assurntition Agreement
For Prearin ex ati on Am e ern c nt—Page 33 of 60
hF609796
#609837
Mr. D. Craig Martin
May 29, 2012
Page 38 of 64
i
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EXHIBIT A
j BEING a 5.545 acre tract of land out of the J.BATES SURVEY,Abstract No,1620,in Ucntan
County,Texas,being part of o called 27.157 tract of land described In deed to Poresl City
Prosper,L.P.,recorded in Dwelt County Clerk's Pilo No.20084958 of the Real Property
Records of Denton County,Texas,being part of called 283.420 acro fleet of land described In
deed to Frimst City Prosper,LP.,recorded In Denton County Clark's File No,2007444196 of
the Real properly Records of Denton County,Texas,and being more particularly described ns
follows;
CONII ENDING at a point In the corner clip of the 7rotttt right-of-way tine of U.S.Highway
No.380,and tho east line of Good Hope Road(no dedleadon moerdation founds and the
southwest corner of a tract of land described In deed to Richard J.Boutlte and Nathan P.lioniko
recorded In Denton County Clerk's Me No,2009-10359 of the Real Property Records of Denton
County,Texas;
THENCE North 00 125136"West,with said cast lino of Good Hopo Road and along it tbneu and
the west line of said Bontke tract,a distance of 1105.55 feet to a fence corner found in the south
line of said 283.420 acre Tract and being the POINT OF BEGINNING;
TIFENCE North 00125136"West,with said west line of said 283.420 acre tract and along a
feuco,a distance of 348.35 feet to a 518"'iron rod set with a plastic cap stamped"KHA"
(horeitrafter called 5(8"Iron rod sel)for comer in the east line of said Gond Hope Road and the
southwest corner of said 27.157 core tract:
THENCE North 00°08128"West,%%Itlt said west lino of said 27.157 acre tract and The east line
of Good Hope Rand and along a fence,u distamc of 195.83 feet to a point for corner at the
begintang of a non-tvagent curve to the right whose chord bears North 83017102"FAA,44.95
feet;
THENCE leaving said Good Hope Road across said 27.157 acre tract and along a curve to the
right through a cant ai angle o03 150140",a radius of 670.00 feet and a arc Ieng&of 44.96 feet
to a point for corner at the beglaning of a reverse,curve to ow loft whose chord bears North
7613511311 East,458.59 feet;
THENCE across said 27,157 acrd tract and along a curve to the left throu-mb a central angiv of
17914118",a radius of 1530.00 feet and a err,length of 460.32 feet to it point for corner at the
beginning ofa curvo to iho laftwhose chord boars North 661143138"Es94 224.31 feet;
THENCE across sold 27.157 more tract and along a curve to the left through a central angle of
02028'53",a radius of$180.00 feet and a aro length of224.33 feet to a point for comor;
TIfCNCC South 00000'00"East,across eadd 27,k57 acre tract,a dtstauur of 444.60 feet to a
point for corner in the north line ofsald Bontko tract;
THENCE with sold north line of said Boothe tract,the following courses and distances to wit;
THENCE South 7707611"West,a dlstanoe of 59.80 feet;
THENCE North 50023'53"West,a distance of 26.68 feet;
i
Assi gn men t and Assumati on Agreement
For Preannexation Agreement—Page 34 of 60
9609796
#609837
Mr. D. Craig Martin
May 29, 2012
Page 39 of 64
TJILNCE North 74009'4S"West,it&tance of93.3i feel;
TIMIWE NoWh 55016'09"West,a dlsla:iceof70.64 fccy
MUNCH North 82,07'33"Wesl,a diaionco of 18.81(10;
THENCE North 70136"3711 Weal,a distanco of24.93 fevi,
THE NC'C North 6915('[5°West,a distanco of 15.62 feet;
vmcs South 66°02'53"1i'cot,o dlttanoo of18.S3 rest;
'1711sNCC South 28000120"West,it dintnnco of40.t6 toot;
virNCE South 48°06`34°West,a distance of4528 rcct;
THENCE South't0'02'IS"West;a dlsImoc of 172.36 feet;
TIENCE South 380106"Wait,a distm o of 51.46 NO;
THENCE South 63000'39"West,a distance of 62.17 feoh
TIIICNCE South 36035104"West,a distance of 122.80 feet;
THENCT South 14007139i1 West,udistanco of83.36 feet totho POINT Olt
UF.CINNING kid c6etalnhig 5.345 acres Orin&
llaaring•syatain based liodh Central 7Ana or the'i'exar Stets Pimia Coard3nate Sys{cJ+. '[his
dadnnmoot;prepared udder 22 TAC 663.21,,dors net mnect the results of nn en the ground
sarYey,and is riM IO be aatid to w{ vuy of ostabllYh kerasis In real property oxcopt those rlgbts
rind lntcrcsl supplied or eetnb:lshed by The uteotlen'or cecontIguralloa of tho boundary o!'the
political sabdivtslon fdr which!{vas prepared
I
AssisnmentandAssu ntionAsreement
For Preannexati on AOreeIn ent—Page 35 of 60
#609796
#609837
Mr. D. Craig Martin
May 29, 2012
Page 40 of 64
................
N-2 M.
kcsivnment and Assumnfi on Agreement
For Preannexation Agreement—Page 36 of 60
0609796
4609837
Mr. D. Craig Martin
May 29,2012
Page 41 of 64
Denton County
Cynthia Mitchell
IIflfl f�iif Il i! l��l 9
Denton, x 76202
lll�7li0����E�I�101II��IIi��IIIR� f�fl �I
{ Instrument Number: 2009.1120340
As
Recorded On:.Octoher 12,2009 Warranty Deed
Pantos:-STEPHERSON ANGELA M Billable Pages:6
To Number of Pages:6
Comment
(fhlT�eS.leSed shoos era ra Glo m reIotmeo")
•'Exaattnod and Chargod as Follows:"
Warranty need 31.00
Total Raordlnei 31.00
�h
•`•••••'••00 NOT k=MQVE,THIS PAGE IS PART OFTHE INSTRUMENT.•"",•••
An'ylirovlslon herein which resid=dte 6e'e,Ranl;E ar uru at too desalted REAL PROPERTY
Womb of w1 r&sm Is Invalid and Unenrurceatee moor Wow I1W
File information: Record and Return To:
.Document Number.2009.120340
Receipt Number:628383 COATS ROSE YALE RYMAN 8 LEE
Recorded DateMmo:October 12,200911:16:29A 5420 LBJ FWY
STE 4300
User I StaVon:O KRSmlller-Caeh Station 2 DALLAS TX 76249
THE STATE OF TEXAS,
COUN'fYO FDENTO
N)1
L.WrylnN thlr t t, AL80In 11. W..na
.. %��7 It��];'�'ryY}){S(1� �MNMmn,mi rM�uryetCtlnaM ktN a��r�iPneN.al WnfunCA.nh'e 1.u..
L �r"�/ rdtnrl
l
f l# County Clark
canton county,Texas
I
Assienment and As Umnti onAlrreemant
For Preanner;ation Aoree'ment—Page 37 oE60
#609796
#609837
Mr. D. Craig Martin
May 29, 2012
Page 42 of 64
SPECIAL WARRANTY IAzHI)
Wiesner Manoeentent District No.1—Dircctots Lot
—
Undivided25%IntervalNo,Ii
THE STATE OF TEXAS §
$ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DENTON S
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL
PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF TIM
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN WrEREST ,CN REAL PROPTRTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SIICURITY NUMBER OR YOUR DRIVERS LICENSE NUhI1SEM
THAT Angela M. Stepherson,Trustee ("Grantor"), with nn address or 5420 LII.I
Precwuy,Suite 1300,Dallas,Texas 75240,for and in consideration of the sutn oCren Dollars
(S10.00.1 and other good and valuable consideration cash in hand paid by J.Thu Vloore,out of
his sole and separam properly,having an address nf'6360 North Dallas Parl-way,Suite 200,
Plano,Texas 75024("Gnuttea'),the receipt of wbich is hereby acknowledged,has granted,sold
and conveyed,and by these presents dons hereby grant,sell and convey unto Omntee,m his solo
and scpornto property,an undivided 25%interest in the real properly located in Denton County,
Texasdeseribed in Exhibit"A"attached hereto.
This Deed and conveyance is expressly made nibicct to all lions, encnmbnmces,
j conditions and other exceptions appearing of record in the ofli.cc of fhc County Cicrk of Denton
County,Texas and applicable to such pmporty.
TO HAVE AND TO HOLD the above-described premises,together xith all and sincubtr
the rights and appurtenances thereto In any way belonging unto the Grantee,his heirs and
assigns,forever,and Grantor does hcr6v bind herself and her successors to Warrant and rorcvcr
Defend all and singular the uhovc-described premises unto the said Grantee,his heirs and assigns
against every perxan whomsoever lawfully claiming or to claim die same nr any part thereof;by,
through o.under Grantor.but not othernise,
taoxus.srotosuo.oacoco
Asslznment and Assumution Aerermenl:
For Preannexati on Aereement—Page 38 or60
#609796
#609837
Mr. D. Craig Martin
M 2 I2
May 29, 0
Page 43 of 64
r
hXECUTUD to bo clleAva as
(IRAN I'ORi
. Ari?tL�'l.�i14Qj3eftin3i i'rrs:c�^
THE S'1':20T.OFTRYAS
COUi<TY OF DALt.AS §
'I'lls irsimme:d n3es earmAyloJged befnrc r.3e on she
2009 by Ang.ala M.Sicphorml,Trk,510u,In tho Ma3:ity Iherriiti'stule;i,
1R,t[uy Public iJt ina li?r tlo¢-
l�>I[al.l
LERJ lIeNJ RK
Anerrccurdlug return to:
A-0-i M.51tFit�`J<i�+i
'�, t'n;dE,iRaz.�,V.do;ltprn:,n A 1 r•c.P('
s.fyCi Llkl 1�3e_:}u,SnLc 160
1002E29.1l 0510 GOMM
A ssi vn m ent and Assumvti on Agreement
For Preannexa6 on Agreement—Page 39 of 60
if609796
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#609837
Mr. D. Craig Martin
May 29, 2012
Page 44 of 64
i
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EXI7118IT A
BEING a 5.545 acre tract of load out of the J.BATES SURVEY,Abstract No.1620,in Denton
County,Texas,being part of a called 27.157 tract of land describod in deed to Forst City
Prosper,LP.,recwrdod in Denton County Clcrk's File No.20DO.9958 of the Real Property
Records of Denton County,Texas,being part of called 283,420 acre tract of land described in
deed to Forest City Prosper,L.P,,lecorded in Denton County Clark's File No.2007-144196 of
the Real property Records of Denton County,'Texas,and trying more particularly described as
follows;
COMMENCING at a point in the corner clip of the north right-of-way line of US.Elighway
No.38D,and the east line of Good Hope Road(no dedication recordation found)and the
southwest confer ore tract odand described in deedio Richard f,Bomko and Nathan P.Bondte
recorded in Denton County Cleric's Filo No,ZD09-10359 of the Real Properly Records of Dcaton
County,Texas;
THENCE North 00°25'36"NFust,with said cast line of Good Hope Road and along a fence and
the west line of said Dontko Eruct,a distance of 1105.55 feet to a fence comer inund In the south
line of said 283,420 acre tract and being the POINT OF BEGINNING;
THENCE North 00°25136"West,with said west line of said 283.470 ncre tract and along n
fence,a distance of 348,35 feet to a 98"Iron rod set with a plastic cap stamped"KHA"
(hereinafter called 5)S"iron rod sal)for comer hr the east line of said Good Hope Road and the
southwest corner of said 27.157 new tract:
THENCE North 80°08128"West,with sold west line of said 27.157 acre tract and the east line
of Good Hope Road and along a fancc a distance of 195.83 feet to n point for comber at the
beg[nning of a non-tangent curve to the right whose chord bear.North 9$01710x"Fast,44,95
feat,
TIM NCE leaving said Good Hope Road across said 27,157 note tract and along a curve to the
right through a central angle of g3 090140",a radius of 670,00 feet and a mr length of 44.96 feet
to a point far tamer at the beginning of a;overso curve to the left whose chord boars North
76135113"Enst,458,59 feet,
THENCE across said 27,157 acre tract and along a curve to the toll through a central angle of
17°14118",a radius of 153100 feet and a are length of 460,32 feet to a point for comer at the
beginning of a curve to the leftwhose chord bears North 66 143138"East,224.31 feet;
THENCE across said 27.157 acre tract and along a curve to the left through a central anglo of
02028'S3",a radius 0£5180.00 feet and a arc length of 274.33 feet to a point for comer;
THENCE South 00100'00"Fast,aeross said 277.157 acre tract,a distance of 444.60 feet to a
point forcomer in the neilhlins ofsald Bontice tract;
THENCE with said north line ofsaid 13entke tmet,the following courses and distances to wit;
THENCE South 77°36'11"West,a distance of59.80 NO;
,THENCE North 50123'53"West,a distance of 26.68 feet;
Assi enment and A ssumo„ gn Agreement
For Preannexation Agreement—Page 40 of 60
#609796
4609337
W
Mr. D. Craig Martin
May 29, 2012
Page 45 of 64
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TIM NCE North 74 60948"West,a distance of 9331 feet•,
! THENCE North 55 116109"West,a distance of 70.84 fret;
THENCE North 82 007133"West,a dlsisnce of 15,81 feet;
THENCE North 70°26137"West,a distance of 2493 feet;
T11XNCZ North 89°51'15"!Vest,it distance of 13.62 feet;
THENCE South 66002'S3"West,a distance of 1853 feet,
THENCE South 28 10070"West,a distance of40.16 feet;
THENCE South 480 NI'West,a distanoo of 45.28 feet;
THENCE South 70°02'15"West,a distance of 172,36 rco4
THENCE South 38014'06"West,o distance of 51.46 feet;
THENCE South 63°00 2A"Nest,n distance of 6217 feat
THENCE South 36°25'04"West,a distance,of 122.80 feet;
THENCE South 1410T39"West a distance of 8338 feet to the PoWr Olr
BEGINNING and containing 5.54S acres ofland.
Searing system based north Central Zone of the Texas State Plane Coordinate System. This
document,prepared under 22 TAC 663.21,does net reflect the results of an on the ground
survey,and is not to be used to convey or establish interests In rest property except those rtgirts
and interest supplied or established by the creation or recba6garatson of tho boundary of the
political subdivision for whiehlt was prepared,
:j
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l l
l csi enment and A ssumoti on A¢reem ant
For Preannexati on Acreement—Page 41 of 60
4609796
:i
#609837
r
Mr.D. Craig Martin
May 29,2Q 12
Page 46 of 64
I f h.Y�aT.°•u��ANdct 1�/� YO i U IOa i:!
7 l =F+
(24182-3 Clat Q } C�t;�d• __._
� Vt•.1K yt,1eLA
I,
A ssimment and Assumotion Agreement
Vor Preannexation Agreement—Pag&42.of6d
#60.9792
i
4609837
Mr. D. Craig Martin
May 29, 2012
Page 47 of 64
Uenton County
Cynthie Mitchell
I!I!ONIIIf,Ift IItlt1 11I @��11F��NIIII1IItIiIIIlIi d1d1d1{1�IEf1 II/tL lIII11t t1{!kt �I�i(lI'd t�V County Clark
ben 821
I�I�f![i19ff1'FII�OIa1�6,IiltlC� 1 MnrT%1ti2tl4
Instrument Number,9009-120341
As
Recorded On:October t2,2009 Warranty0sed
Parilos;MPH ERSONANGELAM 811fable,Pagom 9
To Number of Pages.b
CommonL•
j Wrfipg_latail,ohota Ertl Por Claka mlaronw arty j
Examined and Charged as Follows]
Warranty Ooeo 31.90
Total noeardlne: 31,00
00 NOT REMOVE.THIS PAGE IS PART OP THE 1NSTRUMENT••••'�"'•'
1 i Any proviEla,118MIr1 Mort restrldi ft Soto,Ranlal of use of lho dwathed REAL PROPERTY
bemuse at Wor or race It invade and UnortraYLaeeltl Under tedetor law.
File Information: Record and Return To:
_ bocumaal Number:2009.120341
Receipt Number 626363 COA7S ROSE YALE RYh1AN&!EE
Recoidod Catd/Umo:October 12,2009 11:10:29A 5420 LBJ Ft"N
STE 1300
User!Station:0 Kitzmiller•Cash Stnlian 2 DALLAS TX 75240
ti
THE STATE OF TEXAS)
COUNTXOFOENTON}
�,,jh ''Fri tn•n�braro74o ari trwvm.niwr.rrt�Mw•ra.rps,crrsraunnoa fh.n.,eYgmo
%1,,�'�`;Y�� Pm n.no-umw..sugctaxveotnrss olnei�xemmrerawronasa+ry,feu..
�r`emu`lc L>yMWL
« %J County Clorit
Conlon County,Texas
Assignment and Assumo6 on Agreement
For Preannexati on Agreement—Page 43 of 60
9609796
#609337
r
Mr.D. Craig Martin
May 29,2012
Page 48 of 64
SPECIAL WARRANTY DEMD
Undivided 25�tnierml No;11.
THE,STATE OVTl,,XAS
§ KNOW ALL PERSONS BY THESE PRI'SENT&
COUNIVOI:DENTON
NOTICE Oj;CONvloFN-mtLITY ItICTITS-IF%'OV AREA NATURAL
FFRSOjV,YOU MAY'RF.Ni0'%* Olt-,tR[kr ANY OR ALL OF-THF
FOLLONNING INFOIUMAT'ION FROM ANY TIIAT
TRANSFERS AN IN'TEIMST IN REAL PROPERTY BEFORE I'll is
FILE]) FOR RECORD IN RLCORI)S: YOUR SOCIAL
SECURITY NVZlItIFIR OR YOUR DRIVERS LICENSE NUMBER.
'nlA:r Angelo M, Stcphersork, Trustee ("Grant "), witll an address of 5420 LBJ
Frct%tuy,Suite 1300,1)a)1at,*TvxnR 75140.for,tind In consideration of 1110 sllm,of'Ven Vollurg
and other good and valuable consddetdiun cash in hand Tmid by IlTzi L.Pedigo,CkA of
his sole mid sep,,,rate property,having an address of 6864 North Daltzs Parkway,suitc,200.
PI=- n,Tcxas75024("Graqte 1,the recolploCwhil6 is hereby acknowledgedi has grmitedw1d
and conveyed,mid by these presents does hereby grant,sell and convey unto Grantee,as his.sole
and separate pwprrfy,an uridi•dcd 25%interest in the reed property,located in Drrilon County,
Texas described In Exhibit"N'twached hrrete.
1-his Deed and conveyance is expressly ninde subject to all liens, encombtanceg,
conditions and other exceptions appearing of record in the offlec of She County Clerk of Denton
County,'roxas and applicable to Such property.
TO IIANT.AND TO HOLD the abor,:-describcd premises,logethcr%.vitll all and singular
the rights and appurtenances thereto in any way hnkm ing unto Inc Oranlee, his heirs and
AssiLms,forever;and Grantor does hereby bind herself mid her successors to WBTmrdqnd FQrcvcr
Defend all and singriar the above-described premises unto the said Urantec,Ills heirs and assigns
against every person.Nvhurnsac-,,u JaNvrWly claiming or to ciftim the mime or any part iherctf,bY,
thr4ough or under Grantor,but not otherwlsc;-
Assignment and Assumn.1i on Agreement
For Preann exati on Avreenaent—Pag e 44 of 60
0669796
0609837
Mr. D. Craig Martin
May 29, 2012
Page 49 of 64
r MfJr
.T- I FED to be&Teefto as urw-�'t ie a� .2000.
OR AN 100,
THE STATE Or,TTEXAS
COUNTY OF DALLAS
This Insulimew was aclnowledgcd Wore nicon the CIVY
1009 by Angela Thislvc,in the calpwhy therein
N- ilt-fiR,
State of*ke,X:1,4
I i A 1,)
Aflu ragordlog rolven to!
Aogctn M.Stephmoo
roal%Rom Y;SIV,ii,wwll?z I.Le,re
34205 LIN 11oll
15 7,1329 U01.85.9-MO030
Assignment and Assuronti on Agreement
A
For Preannexati on A
grecinent—Page 45 of 6o
9609796
#609837
.d
Mr. D. Craig Martin
May 29, 2012
Page 50 of 64
i
jEXMIT A
i
BEING a SS45 acre treat of lead out of the J.SATES SURVEY,Abstract No.1620,In Denton
County,Texas,being pert of n called 27.157 tract of land described in decd to Forest City
Prosper,L.P"recorded'in Denton County Clerk's Pile No.2008-9958 of the heal Properly
Retards of Denton County,Texas,being Part of called 283,420 acrd tract of land described In
deed to Forest City Prosper,LP.,recorded in Denton County Clbties Pilo No.2007.144196 of
the Real Property Records of Denton County,Texas,and being more particularly described as
follows;
COMMENCING at a point 1a the corner clip of the noltlr right of-vay line of U.S.Highway
No.380,and the east line of Good Hope Road(no dedieatlon recordation found)and the
southwest earner of a lract of land described in dead to Richard I.Bontke and Nathan P.Sonika
recorded in Denton County CleWs File No,2009-10359 of the Real Property Records of Denton
County,Texas;
THENCE North 00 025'36"West,with said east Ono of Good Hope Rvad'and along a fonco and
the west line of said Ilontke tract,a distance of 1105.55 fcot to a fence comer found in the south
line of said 283.420 acre traetAnd being the POINT OF BEGINNING;
THENCE North 0012513611 West,With said west line of said 283.420 acre tract and along a
feriae,a distance of 348.35 hot to a 518"iron rod set with a plastio cep stamped"KHA"
(hoteinafter called 5(8"hon rod set)for corner in the east line of said Good Hope Read and the
southwest corner of said 27.157 acre tract:
T1ITNCE North 00908'29"West,with,said west Zinc of said 27.157 acre tract and the cast line
of Good Hope bcalfudng of a r on-tru gcnticuum to the tight whose chord b tus North point 3°17102"East,44.95
Peal;
I
THENCE leaving said Good Hope Road across said 27.157 acro tract and Rlong a curve to the
right through a central angle of 03050'40",e radius of 670.00 feet and a nro Iona of 44,96 feet
jto a point for comer at the bevainning of a teverse curve to the left whose chord bears North
76135113"East,458.59 feed
T'FI]ENCE across said 27.157 aura tract and nlonil a curve to the left through a central aagly of
17114118",n radius of 1530.00 feet and a Piro length of 46032 feet to a point for comer at the
beginning of a curve to the loftwhose chord boars North 66 1,43'38"East,224.31 feet;
`i TIJENCE across said 27.157 Acre tract and along a curve to the tell through a central angle of
02928'53",a radius of 5180.00 feet and a are length of 224.33 Pectic a point for comur
THUNCL South 00"00'00"Ras;acndsa-14 27.1$7 acro(tact,u distarwv yr 444.60 11 et to a
pointfvr comer in the north lint ofsaidBoatketract;
THENCE with said north lino ofsold Boatlae tract,the following courses and dSalances to wit;
THM CC South 77136111"West,a distance of 59.80 feet;
THENCK North 50923'53"West,n distance of 26.68 feet;
i
ssignmentanclAssumotion Agreement
For Preannexati on Agreement—Page 46 of 60
#609796
i
#609837
r
Mr.D. Craig Martin
May 29,2012
Page 51 of 64
THENCE North 741W481.'Wart,'it distance o(93.31 feet;
TRENCE North 55016'09"West,a distanoo of 70.84 feet;
TIEENCE North 82007'33"West,it dietanco of15.81 feet;
THMCENorth 700207"West,a distance ot'203 feet;
T11I4.NcE Norib 89"51115"Watt,adtstunue uri5.62 feet;
THENCE South 66 102'53"West,a distance of 18,33 Rot•,
THI3NCC South 28°00'20 Wept;a dislnnea of d0,16 foot;
'1'NENCB South 489634"West,a distance 0(45.28 foot,
THENCE South 70 00215"West,a distauoo of 17236 feet;
THENCE Soutb 38 014'06"West,a distance of 51.46 feet;
THENCE South 63°O6'2911 West,a distance of 62,17 feet;
THENC.r South 36625%11 West,a distance of 122.80 feat;
THUNCE Soutia 14 00Tn"'We3t,a distance of 83.38 foot to the POINT OF
BEGINNING and containing 5,545 seresofiand.
Bearing system based North Control Zone of tho Texas State Piano Coordinate Systmn. This
document,:propared under 22 TAC 663.21,does not reflect the results of an on the ground
survey,and U not to,be used to vonvey or establish interests In teal propatty Except those rights
and interest supplied or established by iho ottatton or rcoonIIguiatioti 6F tho boundary of rho
political subdivision for which it ryas prepared,,
Assirnmant and Assumatl on Agreement
For Preannerstion Agreement—Page 47 of 60
9609796
:I
`I
#609837
Mr. D. Craig Martin
May 29,2012
Page 52 of 64
i
i CAKW Y:iOPip•-0 �`� .. �.�\�` I' ARl ,`W
:i
Assignment and Assumoti on Agreement
For Preannexati on Agreement—Page d8 of 60
#609796
##6O9837
Mr. D. Craig Martin
May 29,2012
Page 53 of 64
Denton County
Cynthla MRcholl
C 13 My eir
4 ntohrTx76 02
7c tacc MEOW
Instrument Number:2009.170342
As
Recorded On:October 12,2009 warranty Deed
Parties:STEPHERSONANGEtAN! Billablepagas:@
To Number of Pages:6
Commenh
(pareaa Ilsr■d abuud M rm 01*2 rotnrnoto orvr I
•'Examined and Charged es Fallows:"
WananT/L�oed 91.00
taWi AaOard�na: 04.00
I
J _ .
«'*•**..«"DO NOT REAMOM THIS PAGE iS FART OF THE INSTRUMENT"*'••**•`*`
MY mati7sion herlRt Wrlrll rea7Acte Nm SWa,RCntalor V8a al tlM deSedDdd RA PAaFERTY
bebdula bFmbr n iaco 4v fnitl�W aid urtbhfeNaB�"a under federal I■w.
Fite Informatlon: Record and Return To!
Document Number 2000.120342
Recelpt Number:628363 COATS ROSE,YALE RYMAN G LEE
•, Recorded DoleMine:October 12,200211:16:29A 6420 U0J FWY
STE 1300
Usor t Station;D'ibtzmlllor•Cash Station 2 DALLAS TX 75240
�ivLL� THE STATE OF TEXAS}
}r- COUNTY OF DEwON)
��.w � le Sy rdy NnlM•rmt.,m',•raM■F0.fe rn{M IN MUMarfNgW9d e■i■Nrs'Um•
ty 9*nt■■■sM1.■n■VU■NfY REePReeD In N■anlcl•InW,�al and■n r.WN♦(T■ua
County
Denton County,Texas
Assi¢nment and Assumption A¢reem ent
For Preannexali on Acree'ment—Page 49 of 60
#669796
#609837
Mr.D. Craig Martin
May 29, 2012
Page 54 of 64
SPECIAL WARRANTY DEED
fPrasnerA2ariaeemenll3i iriclNo.I—DlrworsLot
F)ndivlded 75 6 interest M1o.31
TiIhS'fATEOFTEXAS §
IKNOW ALL PERSONS BY IIIli3I!PRESENTS:
CCIUP;TY OF DENTO N §
NOTICE:OF CONFIAEN f7A TY RIGHTS;IF YO(i AIM A NATURAL
PERSON,YOU MAY RF87O)'Is OR STRING ANY OR ALL OF"'PHr,
FOI.f.OWm; INFOIL'HATION FROM ANY INSTRUMENT THAT
TRANSFERS'Ar4 timitE,ST IN RF.n PROPERTY BTFORE IT IS
rlLFI) FOR RECOM UN TiIU'PUBLIC: urcoi DS:.YOUR SOCIAI:
SECURITY Nn,VUEt(OR YOI!R i)RINTR31dCENS1:NUNIBEIt.
TIIAT Angela X,Stepherson, 'Trustee ("Grant "}, with an addrm4 of 5420 LB]
Freaway,Suite 1301,Dallas.Texas 75240,lilt and in consideration of the sum at Ten Debars
($10.00)mid other good and valuable consideration cash in hand paid by Nathan F,Dontke,out
of his solo and separate pntpctty.having an address of 6660 Nardi Dallas Parkway,Suite 200,
Piano,Texas 75024('Grantee'),the rceeipt of which is hereby acknowlcdged,has granted,sold
and conveyed,and by these presents does hereby grant,sell and convey unto Cimntee,as his solo
and separate property,an undivided 251/4 interest in the real property located in Dcnton County.
Texas degerib d in Exhibit"A"attached hereto.
This Deed and convoysnca is vhpressiy made subject to all liens, encitmbraaces,
conditions and other exceptions appearing of record In the office of the County Clerk of Denton
County,Texae and applicable to such property.
TO HAVE ANU TO HOLD the ubove•described premises,together with all and singular
the rights and apputtcnart"s thereto in any way belonging untu the Grantee,his helr3 and
assigns,forever,and Grantor duos hereby bind hbrseif and hat successors to Warm,nl and Forever
Defend all and singular the above•describcd.nremises unto the said Grnntec,his heirs and assigns
against.every person whomsoever lawfully claiming or to claim tha same or any part thereof,by,
through or under Gnuubr;but not otherwise.
Isezers.votcsroo oe�+so
ssignment and Assumob on Agreement
For Preannexati on Aeree'tnent—Page 50 of 60
#609796
#609837
Mr, D. Craig Martin
May 29,2012
Page 55 of 64
EMUTTIED to be cffictive as of 2009.
GRANTOR!
ck
ZAN M.SiclAiL-rioa,Tri:M&
WR STAIT 01:TEXAS §
couN.'ry op DALLAS
'�SLP�kUIIVK
I his in.Ammunt was avknmvkdgcd bellorc me an il�c e,.qv of
2009 t",�M;gAri M. in the chpicily thmin stal'cd.
R'J,F1 ty Pul+iic in w
Staff of Texas
(SFAL)
Arwir mprding return to:
Amgvl m Nt SivpSomm
l7i'M9. Rptn: &1,.,
$4701 I'l ",i,:,fhlitc
Assiunment and Assumpti on"reement
For Prcannexatiota Avreement—Page 51 of 60
#609796
9609837
Mr. D. Craig Martin
May 29, 2012
Page 56 of 64
EXHIBIT A
BEING a 5.345 acre treat of land out of.the'J,BATES SURVEY,Abstract No.15201 In Denton
County,Texas,'behig part of a called 27.157 tract.of land,dosoribod In dcid to Forest City
Prosper,L.P;,retarded in Danton County Clerk's File No.2008-9958,of the Real Froparty
Records of non_ton County Texas,being part of balled 283.426 tram tract of land,described.In
deod to Forest City Prvaper,LP.,teocrd4d in Penton County Clerk's Filo No:2007-144196 of
the Real Properly Records of Donlon County,Texas,and being mera particularly desodbed as
follows:
COMMENCING at a point is the comer clip of the nota't right-of-way,line of U.S.Higbway
Not 380,and the east lint of{food Hopo Road(no dedication recordation found)end the
southvmsl corner of a tract of land described In deed to Richard J,Bontka and Nathan P.Bontke
recorded ht Denton County Clerk's File No.2009.10359 of tho Heal Property Records of 1]enton
County,Tows;
THENCI North 00°25'36"West,with said.eost line of Goad Hopc Road and along a fence and
the west line of 4aid Pantko tract,a distance of 1105.55 feat to a fence corner found in the south
lIna of acid 283.420 aura tract and being the P61NT OF BEGINNING;
TITENCE.North 00 11251361!)Vest,with Bald west ling of.said 283.420 acre tract and along a
fence,a distance of 348.35 trot to a 518,Iran rod set with e'plastic trip shauped"KHA"
(huminaftar called 518"iron rod set)for comer ht the cast Rod of sald Good Hope Read and the
southwest corr rofBald27.15*eototract'
TIMNCE North 00°08128"West,whit said west line of sold 27.157 acre tract and the cast Sine
of flood Hope Road and along a fmcc,'a dislonce,of 195,83 feet to a point for corner uE the
begimdng'of a uon-taagont curve to'thio right whose chord bars North 83 617102"Eaat,44,95
fact$
THENCE leaving said Good Ropo Road across said 27.157 am tract and along a aurvo to the
right through a central angle of 03 050140",a radius of 670.00 feet and a arc ltngdr of 44,96 feet
lo'a 'aunt,for bonier at the 6eglnning of a reverse crrtve to the left tvhose'ohord bees North
P
76°35'13"East,458,59 feet;
THENCE across said 27,157 sarc tract end along a curve to the loft_tluough a.contrni angle of
17°x4'18",a radius of 1530.00 fact and a aro length of 469.32 feet to a point,for come:at the
beginning of a curve to the loftwhose chord liests North 6543139"East,274,31 real;,
THMNCE across add 27,157 acm f col and along a ounw to the IcA through a central angte of
02°Z8T0'v a radius of S 180.00 rout and a arc length of 214.33 feat to a point for comer;
THENCE South 00900100"I:nst,across said 27.157 acco tract,a distance of 444,60 feet to a
point for corner in the north lino of said ilontko tract;
T1 WNCE with said north line of said Bontka tract,the following courses and distances to wil;
THENCE South 77136111"West,a distance of 59,60 feet;
THENCE North 50°23'53"Welt,a distance of 76,68 feat;
AUi en m ent and Assume ti on Agreem tat
xor Preannexati on Agreement—Page 52 of 60
#699796
#1609837
Mr. D. Craig Martin
May 29, 2012
Page 57 of 64
i
THENCE North 74 00948"Watt,a dietanoaof 93.31 feet;
THENCE North 5501609"West,a diatencaof70.84 feet,
THENCE North 82007'33+'.Weak'adistance of 15.81 feet..
THENCENorth 7602037"Wesf,adlstance of 24.93 feet;
THENCE North 89°51'15"Weal,a distance of 19.62 feet;
THENCE South 66 102153"Wes4 a distmae of 18.33 feell
THENCE Saudi 28106'20"NVest,a dlstanco of 40.16 feet;
THENCE South 48006'34"Wts4 it distanee of 45,28 feet
MNCE gouth 706VIS"West,a dialartee of 17236 fete,
THENCE South 38014106"West,n disttmco of 51.46 feet
THENCE South 631OV29"West,adlstanee of 62.17 feet;
TUrNCB South 3612504"West,a distance of 122.80 feet;
THENCE South 14°0739"West,a distance of 83.38 tees to the rOINT OF
BEGINNING sad coxainiag 5145 acres of land.
Bearing syslam based North Centmi Zone of the Texas State Plana Coordinate Systm, This
document,prepared under 22 TAC 663,21,dot's tot rolled the results of an on the ground
survey,and to not to be used to eomey or establish Interests In real pm"except tli6se rights
and latetrat auppllod or established,by the croatlon of ieeonfIguretion of the boundary of the
polliieal subdhdsion for which ii wss pre}+snd,
Assi enm ent and Assumnti on Asreem ent
For PreannexA on Aereement—Page 53 of 60
#'609796
#609837
Mr.D. Craig Martin
May 29,2012
Page 58 of 64
IA
7 C s — �r�P.
Assignment and Assumotion Agreement
For Preannexati on Agreement—Page 54 of60
9609796
#609937
Mr. D. Craig Martin
May 29, 2012
Page 59 of 64
Denton County
Cynthia Mtke 1
I fill 6 170200 1113 � 1� CauittyClark
�o{�'i�li � Weirton,Tx rszuz
I1,61trumant NUmbar: 2009.520343
As
Recorded On.October 12,2009 Warrenly Dodd
Pardw STEPHENSON ANGELA M Blllablo Paged:0
7o Number of Pages:8
Comment:
I Pa voo ilmod otow z!a far ch rk+rarwwm only}
••ExdmItied and Charged ao p0110W6:"
Wauanty yeod 71.00
Ydlat Rxardrne: 71A0
I
+'•*""'""DO NOT REMOVE.THIS PA13E 19 PART OF THE INSTRUM ENT—...
i AnY arovlelm!damn i Vdh fasblels IFa hale.Rsn'al w um of nq dedc+tbad REAL FRQPE4ry
bacouse al wW w race li lnveld and uaa ifomabla undar ladarul IoW,
File Information: Record and Roturn To:
Document Numbon 2000.120343
Receipt Number:628303 COATS ROSE YALE:.RYMAN 8 L£E
Recorded OalelThit4:October 12,200011:10:211A 6420 LBJ FWY
STE 1300
User f Staecn:P r0lzinmer-Cash Stalion 2 DALLAS TX 76240
•� THE STATE OFT=M$
COUNTY OFDENTON)
r � ee•i.q Mr1I�11Ah M•WeHntwnl2CO 1pt+•Ftb pWnb•ra•qu•+a on Ne dbll'rn•
t' "? aAnpa e•to+,•nt wtrlWy ReCaTaEa In N•eldcbl a•eartl•elbmbnawnry.Tnw
f County Clerk
Denton County,Texas
i
Assignment anAAssumnEon Agreement
For Preannexati on Aereement-=Page 55 of 60
4609796
#609837
I
Mr. D. Craig Martin
May 29, 2012
Page 60 of 64
i
SPECIAL WARRANTY DEED
(11rusner Manttticrnent District No -•DLrta o E a—
Undivided 25%lilacs!No,4)
TI I£STATE Op 1'f:tAS §
KNOW ALL PERSONS BY1-1tl'SP PRINWNTS:
COLIN I Y 01:PENTON �
NOTICE OF C'O.l'FIDIiNTIALITY RIGHTS;IF YOU ARE A NAT1,RAL
PERSON,YOU MAY R(;mm OR STRTKF ANY,OR ALL OF ME
FOLLmVi,N(; INFORMATION FROM ANY I\ST'RU1'IEi\'1' '1'JIAT
TRANSFERS,AN &6REST IN [ZEAL PROPERTY BEFORE 1T IS
FILED 1rOR RECOiiD_IN'61F PUBLIC RECORDS: YOUR 8OCI:tL
SECURI'i'1'NUbI6);R OR YOUR DRIVERS LICiiNSE i\UAIiIAR.
TIIAT Angela M. Stepherson, Trustee ("Grantor'), with an address of$420 LI31
Etreenvay,Suite 130D,Dallas,'I'axns 75240,far and In consideration of the sum of'fen Dollars
($10.00)atal other good and valuable consideration cash in hand paid by Scott Ramsey,out of
his sole and separate proper!}.Buying an address or 6660 North Dallas parkway,Suite 200,
Plano,Taxes 75024("Grnatee');the receipt orwltich is hereby acknowledged,lees granted,sold
and conveyed,mid by there presents does hereby grant,sell and etmvcy unto Gramce,as his sole
and sepamtb property,an undivided 25%inicrest in the real prolvoy located in Denton County,
'I'cxm described In lixhiblt••A'attached hcrclo,
9
This Deed and conveyance L+ expressly mode subject to all liens. encambranees,
conditions and other exccplidiis appearing of record in tho olTice of the County Clerk of Dcrrtcn
Counry,'rexas and applicable to such properly,
TO IIAVI.AND TO IIOLV theaWyo-described premises,togcther w th alt and singular
the rights and appurtenances thereto in any way belonging udto the Grantee,his heirs and
msigns;foruvor,and Grantor dace hereby bind herself and her succcssom to Warrme and Forever
Defend all and singular the above-descrlbed premises unto the said Grantcv,his heirs and ussigns
against every.pers, whomsoever lawfully clabrilug or to'clahn the same ar any part thereof,by,
through or under Grantor,but not othernvise.
raozaas Vasa<_ao ooscoo
I
i
Assignment and Assumption Agreement
For Prearthexatien APree'rnent—Page 56 of 60
#609796
l
#609337
Mr.D. Craig Martin
May 29, 2012
Page 61 of 64
I
lWiCUITl:1 tole d ructivcas of_---- a\ ,2009.
GRANTOR:
Angela M.Stephe+son.'Vruwe
T1 IF,STATE OF Tt?CAS §
COlJNTY OF DALLAS
r�
't"his instrument was avknowfadged bcl'ew me on the _ . day
2009 by Angcla M.Stepherson.Tnntec,in the c1pacity therein slated.
}_ �.A
Nolary puRc�a7rkiui for the
i
1 State of Tt%Ily
(SEAL)
,�„ t. Lit79SEYA.SCHWite#sp,
lihy£5+.rd,SMhdGm
W coma+'�pns masa5n',(
t
ACtcr mcordinc rctorn"ten
Angelo K Steplierstus
cents,Roe.,Yalu.Rymnn is t.oa,P.C.
6-020 Lt3f I°rsclva;Saltc 000
Dallu.Teas 7924D
1507078.11010500,Oe0000
I
Assignment and Assumoti on Agreement
For Preanneaation Agreement—Page 57 of60
0609796
{
#{609837
Mr.D. Craig Martin
May 29, 2012
Page 62 of 64
EXTUMT A
8E111G a 5,545 acre tract of land out ofthe J.HATES SURVEY,Abstract No.i620;in Denton
County,Toxns;being pars of a called 27.157 tract of land daaodbed in deed io Porest City
Prosper,LP.,r000rded in Denton County Clark's File No,2008-9958 of the Real Property
P=ords of Denton County,Tsxas,being part of called 283.420 core tract of lend described In
j deed to Forest City Prosper,L.P.,recorded In Denton County Clerk's File No.20177.144196 of
die Real Property Records of Benton County.Texas,and being more particularly described as
follows:
COMMENCING at a point in the comer aflp of the north right•oS-way line of U,S.13tghway
No,3so,and-the east line!,of Good]lope Road'(na dedicntidn rccorriattcn f6und)and the
soutbvrasl bottler of a tract of land duscrlb'ed In deed to Mohan!J.13ontfte and Nathan A Bonika
recorded in Denton County Cletic'a Tale Me.20 09-103 59 of the heal Property Resord3 efDcntan
County,Toss;
THENCE North 00 125136"hest,with said cast as ofOeed Hope Road and along a fence and
the west Zinc of said Boritko trcol,a diatance of 1105.$5 feet to a fence cornor found In the south
line of said 283,420 acre tract and being the POINT OF IIEGINNLNG;
THENCE North 00°25'36"West,with said west lino of said 283,420,acre tract and along a
fence,a dlsianeo of 3483S fcct to a 518"hon rod set with a plastic cap stampbd"KILM
(her4inniter called 578"troll rod set),for comer ht the east title of Bald Good Hope Road and the
southwest coiner of said 27.157 aero tract:
THENCE North 00 00812811 West,with said west fine of sold 27.157 nom tract and the cast line
of Oeod Hope,Road and along a fends,a dislarm'of 195.83 feet"to a point for comer at the
beginning ofd nori-tongeat curve to the rigM'wtiose'choA bears North 63°171020 Ducal,44.95
feet{
THENCE leaving said Good Hope Road aeross sail!27.157 my tract and along a curve to the
right ltrrough a contra]eagle p:03°30'40",a radius of 670.00 feet and a eke length of 44.96 feei
to it point for corner at the,beginning of a ro4erse curve to the left whosv chow bears North
76°35'33"East,458.59 feet;
THENCE across said 27.157.acre tract end along a-cutvc to ti:e loft through a central angle of
' 17 114118:,d radius of 1530.00 feet and a are length of 460.32 feet to a point'for corner at rho
beginning ofaefirve 10 the loft whoso chord beam North'604313811 Post,224.31 Peet;
THENCE across said 27.157 acre tract and along a curvc to the left through a central angle of
02°28'53",a radius of 5180.00 feet and a are length of 224.33 Viet to a point for comer•
TfMWCE Seam 00°OWDO'1 Dist'across said 27.157 sae tract,It distance of 444.60 feet to a
pohrt for corner hi the north line ofsaid Borrlko tract;
T IMNCE with said north Iitleof said Bontke tract,the fbllowing covrses and distances to wit;
TUENCr South 77°36111"R'eit,a dManco of$9.80 toot;
THENCE North 50e2315311 West,a distance of26,68 feat;
sl
ssi cnment and Assumn5 on Apreem ant
For Preannexati on Agreement—Page 58 of 60
#609796
#609837
Mr.D. Craig Martin
May 29, 2012
Page 63 of 64
i
THENCE North 74°09`48"West,a distance of 93.31 feet;
TI-lENCE Y`iorth SS°1009"Went,adistance of 70.84 fief;
THENCE North 82°07133"Wast,a distanaoof 1581 feet;
THENCE North 70°26137°West,it distance of2493 feet;
THENCE North 89°51'15"'Wost,a distance of 15,6Z feet;
THENC&South 66°02'53"Want,a distance of 1853 foot;
THENCE South 28 000120"Walt,a dislanae of 40.16 foot;
T11 ENCE Sonth 49006'34"Watt,a distance of 45 28 Teat,
THENCE,South 70°02115"West,a distance of 172.36 feet;
TIiMNCE South 38°14'06"Wtst,a distanco of 51.46 feet-,
THENCE South 63°00`29"West,a distance of 62.17 feet•,
THENCE South 36025104"West;a distance of 122,80 feet;
TIVNCE South 14°07'39"West,a disance of 83.38 fettle the POINT OF
lase imiNO and bbnialnIng 5,545 acres of land.
'Bearing system based North Ceatral Zone of the Texas State Plane Cpordlnale System. This
document,ptoparod under 22 TAC 663,21,.does not reflect the results of an on ilia ground
siitvey;mid is not to bo vsed to convey or establish lcicrdsts in real pr6peatyyoxcept those'rigmi;
and interest aupliliod or establlsbod by the ercadan or recoutlgoration of the boundary of the
political subdivialon for whioh3t wasprepaied,
ant and Assumntion Agreement
For PreannexaEon Agreement—Page 59 of 60
#609796
:i
ti
i
#609837
Mr. D. Craig Martin
May 29,2Q 12
Page 64 of 64
R
E
V i
/rte (' (?Atdni aari.7
vk-
�yf! / ILS��'1 rHRK
9'F7ila
7°e�e
i=
i
I
,(assignment andAssumotion Agreement
For Preannexati on Agreement—Page W of 60
9609796
ii
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#609837