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07/10/2000-4A-Agenda Packet-Regular/ 1. Call Meeting to Order. AGENDA 4A CORPORATION MONDAY, JULY 10, 2000 6:00PM 201 BOLIVAR 2. Consider and Possible Action on Land Transfer On Wal-Mart Economic Development Project. 3. Any Other Such Matters. 4. Adjourn. ,3:3Q 12M 7&/o0 Date and Tirde posted This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. __ ...;;07,/1010"~ U: S6_ FAX ·(-~ .~=-- ··--·· ·-···•·--•--·------ July 10, 2000 Mr. Jack Smith City Manager City of Sanger P. 0. Box 1729 Sanger, Texas 76266 ~002/003 HAYNES AND BooNI, LLP VIA FACSIMILE (940) 458-4180 Re: Wal-Mart Stores, Inc./ Sanger, Texas (Haynes and Boone, L.L.P. File No. 16358.178) Dear Jack: This letter follows our brief telephone discussion this morning regarding the Wal- Mart transaction and the possibility of Wal-Mart's purchase of being accomplished via a 2-step transaction. Specifically, the first step of the transaction would be a conveyance from Dr. Wolski to Sanger Development Corporation, and the second step of the transaction would be a simultaneous conveyance from Sanger Development Corporation to Wal-Mart. The structure of the transaction has been proposed by Dr. Wolski, not by Wal-Mart; however, it is my understanding that Wal-Mart is open to accomplishing the transaction as requested by Dr. Wolski ifit does not adversely affect Wal-Mart. We are advised by Mr. Dirickson, Dr. Wolski's attorney, that by conveying the property in this manner, Dr. Wolski will achieve significant tax savings. It is my impression that the tax savings arises from obtaining the ability to treat profits as capital gains rather than ordinary income. Dr. Wolski's attorney also advises us that an advantage to Wal-Mart by conveying the property in this manner is that roll-back taxes will apparently not become due and owing. If this is the case, Wal-Mart will certainly want to take advantage of this opportunity, but this is not a controlling element of the transaction. Wal-Mart's contract with Dr. Wolski requires Wal-Mttrt to pay roll-back taxes, and Wal-Mart is prepared to pay these taxes if they become due and owing. Insofar as I am aware, there is no intention on the part of Wal-Mart or Dr. Wolski to cause Sanger Development Corporation to incur any additional cost in this transaction. As I mentioned, I have a copy of the Inducement Agreement between the City of Sanger and Wal-Mart, but l have not studied it and did not represent Wal-Mart in connection with negotiating it. It would be Wal-Mart's intention that the rights and liabilities arising under the Inducement Agreement will not be Actorners ,01 Mo,11 Smtt S11ir, JJ0O Dollos, Ttxu 7SZ02-J7O Tcl•plto11r /ZHJ 6JJ.SOOO Pu /2H/ 6SJ.S940 h1tp·l/111111111.b•y111sl,0011uo"' AUITIN DALL.Al •OIIT ""01TM NOIIITON •ICNA8DION SAM ANTOMIO WA1MINGTON, D,C:. MIJUCO CITY 07~10100 .• l-t:56 f'AX ~003/003 -•. Mr. Jack Smith July 10, 2000 Page 2 HAYNES AND BOONE, LLP affected in any manner by the conveyance of land through Sanger Development Corporation. That is, Wal-Mart w9uld expect to receive the same payments and at the same time as are provided by the Inducement Agreement, regardless of the manner in which the transaction is structured. g'here is no intention that this structure would cause any additional expense to £he City (other than the possibility oflegal fees, etc. arising from the need to review Dr. Wolski's request). I hope this is helpful to you in connection with your board meeting tonight. Please give me a call if you would like for us to clarity anything for you. I would also encourage you to discuss this matter with Dr. Wolski's attorney and with your counsel. Sii:icerely, 1~A./v-~.JJ.-(.._ Robert A. McCulloch (214) 651-5600 mccuUor@ha:ynaboone.com D-798919.l cc: Mr. Louis Nichols Mr. Gil Mayfield Mr. Roderic A. Faris Mr. Chris Glass Mr. Tom Dirickson, Esq. via FACSIMILE (214) 965-0010 via FACSIMILE (817) 222-8550 via FACSIMILE (972) 386-6651 via FACSIMILE (501) 277-5991 vio. FACSIMILE (972) 315-5828 Auer11ey1 :,11l Mdlff Sirlti ~•utt ,tJUU 0•lr•$. ""'" 1$l1,1l•JIU r,1,,1,o,,, f2H/ 6SZ.SOOO 1•11 {ZH/ 6Sl .S9f0 11r1,rllwww.h•1""'1oon1.,om AUSTIN DALLAI POAT won" HOUITON ••c"•·••oN IAN ANTONIO WAININGTON, o.c. "·••co CITY • 07117100 11:36 Fil 9723866651 • F'1delity National Title INSURANCE COMPANY FACSIMILE COVERSHEET DAtE: July 17, 2000 TO: : Jack L. Smith, City Manager Firm: Sanger, Texas TO:. Chris Glass, Esq. Fim1: Wal-Mart TO:: Robert McCulloch, Esq. Firm: Haynes & Boone FROM: Roderic A. Faris, Vice President National Title Service Re: Wolski/Wal-Mart Fax#: 940-458-4180 Fax #:501-277-5991 Fax #: 214-200-0529 Jack; please find attached tile stamped copies of the recorded deeds: 1. Special Warranty Deed, Edward F. Wolski to Sanger Texas Industrial )~evelopment Corporation, Filed July 14, 2000, Document# 00-R0066718; and 2. Special Warranty Deed, Sanger Texas Industrial Development Corporation to Wal-Mart Stores East, Inc., Filed July 14, 2000, Document # 00-R0066719. Please call if you have any questions. Number of pages (including cover sheet): /5 ~001/015 WellingtonCentre • 14643DallasParkway,Suite380 • Dallas, TX75240 • Telephone:(888)890-3777 • (972)386-6650 • Fax:(972)386-6651 07/17/00 11:37 FAX 9723866651 +972-770-2112 FIDELITY 1'¥lTia--JAL ---rru l -rr-d-l d-· / l--, o · d~--/VLN-V 14)002/015 736 P11/17 JUL 17 '00 10:22 · · rr~~'/ SPECIAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF DENTON § § § KNOW ALL PERSONS BY THESE Pl~ESENTS: That SANGER TEXAS INDUSTRIAL. DEVELOPMENT CORPORATION, a Texas corporation ('"Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by WAL-MART STORES IEAST, INC •• an Arkansas corporation ('"Grantee"), whose address Js 2001 S.E. 10th Street, Bentonville, Arkansas 7271~, the receipt and sufficiency of which are hereby acknowJe4ged, has GRANTED, SOLO AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee, all of the real property in Sanger, Denton County, Texas, described in Exhibit A attached hereto and made a part hereof, together with all improvements attached thereto and all benefits, privileges, leases, tenements, rights-of-way, easements, hereditaments, rights and appurtenances thereon or in anywise belonging or appertaining thereto, including, without limitation, any right, title or interest of Grantor in or to adjacent streets, alleys. strips, 10res or rights-of-way {the "Property"), subject to'the matters set forth on Exhibit e attached hereto and made a part hereof (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, ~01ether with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its, successors and assigns forever; and Grantor does hereby bind Itself, it& successors and assigns to WARRANT AND FOREVER DEFEND an and sin,ular the Property unto Grantee, its heirs, successors, tegal representatives and assigns, against ewry person whomsoever lawfully claiming or to claim th~ same or any part thereof, by, through, or under the w'tdersigned and not otherwise. Grantee hereby assumes and aarees to pay all taxes affecting the Property for the · year 2000 and subsequent years. EXECUTED to be effective as of July -Jl-, 2000. GRANTOR: SANGER TEXAS INDUSTRIAL DEVELOPMENT CORPORATION, a Texas corporation By: ~<1::0,. ~ Frank Ballard, Pres,aent 07/17/00 11:37 FAX 9723866651 •"-L11Y ~..,Tlnkl~ ,.:,,c..-rr~-~.J.J.C:: , &.a.A--1,n Ut........_ STATE OF TEXAS COUN"TY OF OE:NTON § § § 14)003/015 736 P12/17 JUL 17 '00 10:22 This instrument was acknowledged before me on this ..J.f!...'7:fay o1 July, 2000, by Frank . Ballard, President of SANGER TEXAS INDUSTRIAL DEVELOPMENT CORPC•RATJON. a Texas corporation, on behalf of said corporation. 07117/00 11:37 FAX 9723866651 ~'::fr~--,m-2112 Fl~ITY t-FITIONAL EXHIBIT A to SPECIAL WARRANTY DEED Prope[\y Degriptioo ~004/015 736 P13/17 JUL 17 '00 10:23 BEING a tract of land situated In the B.F. Lynch Survey, Abstract Number 725, Denton County, Texas and being a pOrtion of that tract of land described by deed to EDWARD r. WOLSKI, as recorded in Volume 4519, Page 648, Deed Records, Denton County, Texas as being more particularly described by metes and bounds as follows: COMMENCING at a P .K. Nail found at the southeast property corner of said Wolski tract, said P .K" Nail is in the centerline of Lois Road at the Intersection of the west right-of-way line of the G.C.&S.F. Railroad: THENCE N 10021'15. E, 25.33 feet along said west right-of-way Unie to a 5/8 inch iron rod with plastic cap stamped •CARTER & BURGESS• set at the POJNT OF BEGINNING. THENCE N 88J52'48• W, 581.88 feet to a 5/8 inch iron rod with plastic cap stamped •CARTER & BURGESS" set; THENCE N 80J3l '41' W, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 08J21 130• E, 329.90 feet to a 5/8 inch Iron rod with plastic cap stamped "CARTER & BURGESS• set; THENCE N 83J38'30• W, 400.00 feet to a 1/2 iron rod with plastic cap stamped "ALLIANCE" found in the east right-of-way line of interstate hishway 35 and the beginning of a curve to the right; THENCE with said east right-of-way line and with said curve to the right, through a central angle of 44059'24", having a radius of 236.48 feet, the lons chord of which bears N 21033'15" W, 180.96 feet, an arc distance of 185.69 feet to a l/2 inch iron rod with plastic cap stamped •ALLIANCE• found; THENCE N 06)35'53" W, 152.63 feet with said east right-of-way line to a 1/2 iron rod with plastic cap stamped •ALLIANCE" found; THENCE N 00055'5011 E, 1146.64 feet continuing along said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped •CARTER & BURGESS• set: 07/17100 11:38 FAX 9723866651 +972-770-2112 FII:ELITY "-RTIDNAL '4) 005/015 736 P14 ✓17 JUL 17 '00 10:23 THENCE S 89J04'10• E, 200.00 feet departing said east right-of-way Une to a 5/8 inch iron rod with plastic cap stamped -cARTER & BURGESS• set; THENCE N 00055'50"' E, 180.00 feet to a 5/8 inch iron rod with plastic cap stamped •cARTER & BURGESS• set: THENCE S 89J04'10' E, 90.00 feet to a 5/8 inch iron rod with plastic cap stamped •CARTER.& BURGESS" set; THENCE N 0Eil21 130· E, 1190.00 feet to a 5/8 inch iron rod with plastic cap stamped •CARTER:& BURGESS" set; THENCE S 83J38'3Cr E, 75.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 08J21'30' E, 920.00 feet to a 5/8 Inch Iron rod with plastic cap stamped •CARTER & BURGESS" set; THENCE S 88J36'361 E~ 2263.19 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS' set in the aforementioned west right-of-way line of the G.C.& S.F. Railroad; THENCE $ 10021' 15• W, 4309.54 feet alon1 said west right-of-way line to the POINT OF BEGINNING and containin1 213.286 acres of land more or fess. 07/17100 11:38 FAX 9723866651 +972-770-2112 FIDELITY NFITIOI-R... EXHIBIT B to SPECIAL WARRANTY DEED Permitted Exceptions '41006/015 '736 P15✓17 JU.. 17 '00 10:23 a. Easement for electric transmission and/or distribution lines granted to Denton County Electric Cooperative, Inc. by J.S. Gadberry by instrument dated June 16. 1937. filed November 13, 1953, recorded in Volume 401. Page 141 of the Deed Records of Denton County, Texas. b. Ea:sement for electric transmission and/or distribution lines granted to Denton County Electric Cooperative,·rnc. by J.S. Gadberry by instrument dated November 9, 1944, filed November 17, 1953, recorded in Volume 402, P.dge 520 of the· Deed Records of Denton County, Texas. c. (intentionally deleted) d. Ea!;ement for rlght-of•way granted to Bolivar Water Supply Corporation, by O.W. Davis, Jr. and wife, Doris Fay Davis. by instrument dated April 10, 1970, flied June 15, 1970, recorded in Volume 603, Page 145 of the Deed Records of Denton County, Texas. e. Easement for right-of-way granted to State of Texas, by Alonzo W. Jamison, Jr. and wife, Elizabeth Jamison. by instrument dated January 3, 1957, filed February 14, 1957, recorded in Volume 415, Pap 209 of the Deed Records of Denton County, Texas. f. Easement for right-of.way sranted to Bolivar Water Supply G<>rporation, by Alonzo Jan,isoo. Jr., by instrument dated February 22, 1971, filed June 18, 1971, reo:,rded In Volume 623, Page 548 of the Deed Records of Denton County, Texas . . g. Easement for right-of-way granted to Southwestern Bell Telepho,ne Company, by Alonzo Jamison, Jr., by instrument dated May 13, 1976, filed July 6, 1976, recorded in Volume 793, Page 375 of the Deed Records of Denton County, Texas. h. Easement for right-of-way aranted to Bolivar Water Supply Corporation, by Alonzo Jamison, Jr. et al, by instrument dated March 14, 1974, filed April 2, 1976, recorded in Volume 780, Page 621 of the Deed Records of Denton County, Texas. i. One!fourth (1/4) non-participating royalty interest in and to au the oil, gas and other minerals, on, in. under. or that may be produced from the subject property is hc~eby excepted herefrom as the same is described In iostrunient from Alonzo W. Jamison, Jr .. to North Stemmons Joint Venture, dated August 16, 1985, filed Auaust 20, 1985, recorded in Volume 1703, Page 38 of the Deed Records of 07/17/00 11·38 FAX 9723866651 . +972-770-2112 FIDELITY l'ATict-lAI.... {©0071015 736 P16 ✓17 JUL 17 '00 10:23 Denton County, Texas; reference to which instrument is hereby made for au purposes. j. One-fourth (1/4) non-participating royalty interest in and to all the oil, gas and other minerals~ on, in. under, or that may be produced from the subject property hi hereby excepted herefrom as the same is described In instrument from Alom:o W. Jamison. Jr. and wife, to North Stemmons Joint Venture. dated December 6, 1985, filed December 6, 1985, recorded in Volume 1778, Page 908 of the Deed Records of Denton County, Texas; reference to which instrument is hereby made for au purposes. k , . One-half(l/2) non-participating royalty interest in and to all the oil, gas and other minerals, on. in. under, or that may be produced from the subject property is horeby excepted herefrom as the same is described in instrument from 0. W. · Davis, Jr. and wife, Doris Faye Davis, to North Stemmons Joint Venture, dated March 31, 1986, flied April 1, 1986, recorded in Volume 1852', Pase 922 of the Deed Records of Denton County, Texas; reference to which instrument is hereby made for all purposes. l. Encroachment or protrusion of fences and signs into or outside of the boundary line(s) as shown on survey dated June 14, 2000. m. Encroachment or protrusion of telephone pedestals. telephone cable markers. power poles and overhead electric lines, as shown on survey dated June 14, 2000 by James F. Kasson, RPLS. · AFl'ER RECORDING. RETURN TO: PldelltV National Tltle Agencv, Inc. 280 Three Uncofn Cllntre 6430LBJFreew 07117/00 11:39 FAX 9723866651 ~008/015 Filed fo•r Reco'l'd in: g~~+~~Ac~~~!~lLL~ couw1Y CLERK Dn J'U l 14 2880 At 3tllp111 - Do~/Nu • 1 80-R08&&71~ Doe/Type I WD Reco~dinq: 15.80 Doe/"gmt 1 ~68~0721 Receipt th "' g Deputy -.rant t,,c:0i: 00, ll ,nr ll/lld 9£l. ltll'-011~ All73CII~ Zll~-0l.l.-Zl.f.+ 07/17/00 11·39 FAX 9723866651 . . -t-';1'(~770-2112 FIDELITY NATIOl>R.. · ll)009/015 736 P04✓17 JUL 17 '00 10:19 y f fV l 0'?". l 6 ~"f--, ~\ NIV (\ ~j ojj]_J(_M11f'' • D""•~I SPECIAL WARRANTY DEED Date: JuJy 12, 2000. Orantor: Edward F. Wolski. a single man. owning. OCQIJ)ying, and claiming other property as 1-omeatead. Orantoi-'s Mailing Address: 2436 I-35E South, #336, Denton, Denton Co., TX 76205. Gtantee: Sanger Texas Industrial Development Corporation. Granteeis Mailing Address: 201 Bolivar Street, P. 0. Box 578. Sanger, Denton County, Texas 76266. Coasideration: TEN AND NO/100 DOLLARS (Sl 0.00) and other good and valuable consideration. Additionally, as .further consideration, Grantee agrees to forgo, cease, desist. and discontinue any and all condemnation proceedings or activities, or the threat thereof: related to the Property described berein (i.e .. Exlu"bit A). Propmy;(includlna any improvements): All of that real propei,y in Sqer, Denton County, Texas more fully described in Exhibit A attached hereto and made a part hereof (the "Property•). Exceptions to Conveyance and Warranty: The matters set fotth on Exhibit B attached hereto and made a part hereof ("Permitted Exceptions•,; Rights of tenants in possession under unrecorded leases (including the unrecorded "cash lease" between the Schertz Brothers of Sanger, as Lessee, and North Stemm.ans J. V •• as Lessor, for the "crop yeQt 1999-2000," and dated September 2, 1999); and Standby fees. taxes, and assessments by any taxing authority for the year 2000 and subsequent years, which Grantee assumes and agrees to pay, and suhseque1i1t fees, taxes, and assessments for the year 2000 and prior years by any taxing autmrity due to a change in land usage, ownership, or both, the payment of which Oiantee assumes. Grantor, for the Consideration and subject to the Exceptions to Conveyance and Warranty, GRANTS, SELLS, AND CONVEYS to Gnmtee the Property, together with all and singular the rights anti appurtenances thereto in any way belonging. to have and to hold it to Grantee and Grantee's successors, and assigns forever. Orantor binds Oranwr and Grantor's heirs and successors to WAR.RANT AND FOREVER DEFEND all and singular ,the Property to Gnmtee and Grantee's successors and assigns apinst every person whoJDSOOVCr lawfully claiming or to claim the same or any part thereof when the claim is by. through, or under Orantor but not otherwise, except as to the Exceptions to Conveyance and Warranty. As a material part of the Consideration for this deed. Grantor and Grantee agree that Grantee is taking the Property "AS IS" with any and all latent and patent defects and that there is no warranty by Grantor tha1 the Property has a particular financial value or is fit ibr a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation. statement, or other assertion with respect to the Property condition but is relying on Grantee's Sm,clal Warranty Deed (Walski to Sanpr) Page I of6 14]010/015 ?36 P05/17 JUL 17 '00 10:19 examination of the Property. Orantee takes the Property with the express understanding and stipulation that there are no express or implied wammties except for limited warranties of title set torr.h in this deed. Grantor, a single man, owning, occupying,. and claiming other property as homestead. represents that the Property is neither the residential nor business homestead of the Orantor. and that real property (other than, and excluding, the Property} is owned, occupied and claimed by the Grantor exclusively as the homestead property of the Orantor. When the comext requires. singuJer nouns and pronouns include the plural. EXECUTED to be effective as of July 12. 2000. GRANTOR: EDWARD F. WOLSKI _ l/'\_ ..... . Edward F. Wolski ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF DENTON § Th.is instrument was acknowledged before me on the ,LzibdaY of July, 2000. by Edward F. Wolski,.~• , · · -'&~ [affix Notary Seal here} No ~the State ofTexas W2El,I.E JIJDlQNS ~ .:z·.c:LL£ ~ Ct a ,P >i': 11!.,.•,.._••· .. ~~ M'l~~RES · "i>rinteci Name of Notary Public After Filing Sanger Texas Industrial Development Corporation Return to: c/o Jack Smith 201 Bolivar Street P. 0. Box578 Sanger, Texa.1 76266 07/17/00 11:40 FAX 9723866651 @011/015 ~·::rr~--r(l,3--2112 FI~ITY ~TIONAL ?36 P06/17 JUL 17 '00 10:20 EXHIBIT A to SPECIAL WARRANTY DEED Progeny Description BEING e( tract of land situated in the B.F. Lyneh Survey, Abstract Number 725, Denton County. Texas aoi being a portion of that tract of land described by deed to EDWARD F. WOLSKI. as recorded in Volume 4519, Page 648, Deed Records. Denton County, Texas as being more particularly described by metes and bounds as follows: COMMENCJNO at a P.K. Nail found at the southeast property corner of said Wolski Tract, said P.K. Nail is in the centerline of Lois Road at the intersection of the west right-of-way line ·of the O.C. & S.F. Railroad; THENCE N 10°21 '15" E, 2S.33 feet along said west right-of-way line to a S/8 inch iron rod with plastic cap stamped •-CARTER & BURGESS" set at the POINT OF BEGINNING. TimNCE N 88°52•48" W. 581.88 feet to a S/8 inch iron rod with plastic cap stamped .. CARTER & BURGESS" set; THENCE N 80°31 '41" W, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06°21 '30"' E, 329.90 feet to a S/8 inch iron roq with plastic cap stamped "CARTER & BURGIBSS" set; THENCE N 83°38'30'' W, 400.00 feet to a lf.l iron rod with pJastic cap stamped "ALLIANCE" found in the east right-of-way line oflnterst@te Highway 3S and the beginning ofa cw-veto the right; THENCE with said east right-of.way line and with said curve to the right. tlllrough a central angle of 44°S9'24", having aradhlsof236.48 feet, the long chord of which bearsN 21°33'15" W, 180.9l• feet, an arc distance of 185.69 feet to a 1/2 inch iron rod with plastic cap stamped HALLJANCE" foutJd; THENCE N 06°3S' 53" W. 152.63 feet with said east right-of-way line to a I fl iron rod with plastic cap stamped '4ALLIANCE" round; THENCE N 00°S5'50" E, 1146.64 feet continuing along said east right-of-way line to a S/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 89°04' 1 o ... E, 200.00 feet departiD& said east right-of-way line to a S/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; Special Warranty Deed (Wolski to Sanger) Pagn3 gf6 07/17/00 11:40 FAX 9723866651 T~r~-,,o-~ii~ ~11..lt::LITY NATIONAL @1012/015 736 P07/17 JUL 17 '00 10:20 THENCE N 00 ° SS'S0" E, 180.00 feet to a S/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 89°04'10" E, 90.00 feet to a SIB inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06°21 '30" E, 1 I 90.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTl~R & BURGESS" set; THENCE S 83°38'30" E, 75.00 feet to a S/8 inch iron rod with plastic cap stamped ''CARTER & BURGESS" set; THENCE N 06°21 '30" E, 920.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 88°36'36" E, 2263.19 feet to a S/8 inch iron rod with plastic cap stamped ''CARTER & BURGESS" set in the aforementioned west ri&ht.of:.way line of the G.C.& S.F. Railroad; THENCE S 10°21 'IS" W, 4309.54 feet along said west right-of-way line to the POINT OF BBGINNJNO and containing 213.286 acres of land more or less. Special WaDJD\y Peed (Wolski to Sang} Page!f of6: 07/17/00 11:40 fM~~}~~~~~~~l ~1.1.JcLlfY NATIONAL EXHIBITB to SPECIAL WARRANTY DE.BO Permitted Exce_ptiom @013/015 736 P00/17 JUL 17 '00 10:21 a. Easement for ele4::tric transmission and/or distribution lines granted to Denton County Electric Cooperative, Inc. by J.S. Gadberry by imtnunent dated June 16, 1937, filed November 13, 1953, recorded in Volume 401. Page 14) of the Deed Records of Denton County, Texas. b. Faement for electric transmission and/or distribution lines grantetd to Denton County Electric Cooperative» Inc. by J.S. Gadberry by instrument dated November 9,1944·. filed November 17, 1953, cecorded in Volume 402, Page 520 of the Deed Records of Denton County, Texas. c. (intentionally deleted) d. Easement for right-of-way aranted to Bolivar Water Supply Corporation, by O.W. Davis. Jr. and wife, Doris Fay Davis, by instnuncnt dated April 10, 1970, filed Jun~ 15, 1970, recorded in Volume 603, Page 14S of the Deed RecordsofDenton County, Texas. e. Basement for right-of-way granted to State of Texas, by Alomo W'. Jamison, Jr. and wife, Elizabeth Jamison. by instrument dated January 3, 1957. filed February 14, 19S7, m::orded in Volume 41S, Page 209 of the Deed Record, ofDenton County. Texas. f. Easemcm for right-of-way granted to Bolivar Water Supply Corpo1:ation, by Alonzo Jamison, Jr., by instrwnent dated February 22, 1971, filed June 18, 1971, recorded in Volume 623, Page 548 of the Deed Records of Denton County. Te,taS. g. Easement for right-of-way granted to Southwestern Bell Telephone Company, by Alonzo Jamison. Jr., by instrumeDt dated May 13, 1976, filed July 6, 1976, recorded in Volume 793, Page 375 of the Deed Records of Denton County, Texas. h. E."1Sement fur rljht-of-way aranted to Bolivar Water Supply Corpor.!ltion, by Alonzo Jamison, Jr. et al, by instrument dated March 14, 1974, filed April 2, 1976, recorded in V1Jlwne 780, Paae 621 of the Deed Records of Denton Coumy. Tex.IS. i. One-fourth (J/4) non-partroipating royalty interest wand to all the oil, gas and other minerals, on, in. under, or that may be produced from the subject property is hereby excepted herefrom as the same is described in instrument from Aloll7.0 W. Jamison. Jr., to North Stemmons Joint Venture, dated August 16. 1985, filed August 20, I 985, recorded in Volume 1703, Paie 38 of the Deed Records of Denton County, Texas; reference to which instrument is hereby made for all purposes. Special Wao:anty Deed {Wolski to Syger) Pages of6 07/17/00 11:41 FAX 9723866651 -,-~ r~-r <l!r~ll~ t-lllELl TY NATIONAL !m014/015 736 P09/17 JUL 17 '00 10:21 j. One-fourth (1/4) non-participating royalty interest in and to all the oil. gas and other minerals, on, ~ under, or that may be produced from the subject property is hereby e)ccepted herefrom as the same is described in instrument from Alonzo W. Jamison, Jr. and wife, to North Stemmons Joint Venture. dated December 6, 1985, filed December 6. 198S, recorded in Volume 1778, Page908oftbe Deed RecordsofDentonC.Ounty, T,sxas; reterence to which instrument is hereby made for all purposes. k . O~half (1/2) non-participating royalty interest in and to all the oil, aas and other m~ on. in, under, or that may be produced from the subject property is hereby excepted hercfrom as the same is described in instrument ftom O. W. Davis, Jr. and wife, Doris Faye Davis. to North Stemmons Joint Venture, dated March 3, 1, 1986, tiled April I, 1986, recorded in Volume 1852, Page 922 of the Deccl Records of Denton County. Texas; reference to which instrument is hereby made for all purposes. · L Encroachment Qr protrusion of fences mid signs into or outside of tbe boundary line(s) as shown on survey dated June 14. 2000. m. Encroachment or protrusion of telephone pedestals, telephone cable markers, power poles and overhead electrfc lines, as shown on sutVey dated June 14, 2000 by James F. Kaman. RPLS. Spal Wan:antv Qud {Wolski ro Sanger) Page6of6 07117/00 11:41 FAX 9723866651 @]015/015 Fil•d foT Ree0td in: DENTON COUMTY~ TX couury CYKTK1A "ITCH~LL, ,~ CLERK Cln Jul 14 201ra At 3:10pm • Doe/Mum : 08-R006&~!8 Doc/TtP• • 15 na Reco'l"iS 1 ng: • ..,., Doc/Mgmt: '•80 Receipt"~ 2&67e Deputy ... Jane JUL-12-2000 WED 03:27 PM WALMART LEGAL FAX NO. 15012770239 Haynes and Boone,LLP 07/12/2000 2:31 PAGE 212 Dallas ~ul 12 00 12:03p July 12, 2000 Robert A. McCulloctt ~ -,d Boone, L.L.P. Dalla&, Texas 75202 Robert, 940-451-4180 At the meeting of the Sanger Te>clS Industrial Development Cori,oratlon on July 10, 2000, the following motion was approved; •As per attachment 'A', the land that 11 conveyed to the Sanger Te,caa lnduatnal Development Corporation by Dr. Ed Wolski be tranlftwred to Wal-Mart stores Inc., or one of Ill aftillatad entities, provided that sanger lndustttal Development Corporation Incurs no costs In comection therw.ffll other than attorneys fees arising rrom the need to renew Dr. Wolslcl'• raqueat and conltngent upon approval byWII- Mart Stena Inc. or one of Its afflllatad entitles. 11 Attachment •A· Is your fax. as written, dated July 1 o, 2000. ~lttMlttd!Mfthls the 11 111 of July, 2000 If ')Q.I utra anylhlng else, let me know. 87'- City Manager aaMUYUm&'t .......... ....... ,... ............ ,A& P. 02 \ p. L JUL-12-2000 WED 03:27 PH WALHART LEGAL FAX NO, 15012770239 P. 01 Today's W AL*MART STORES, INC. -LEGAL TEAM Sam M. Walton Development Complex 2001 SE 10th Street Bentonville, AR 72712-6489 Tel. No. (501) 277-9376 FAX NO. (501) 277-5991 FAX TRANSMISSION Date: 7/12/00 No. of Pages A ~ (Including cover sheet: ~ r.-' TO: Jack L. Smith, City Manager FIRM: City of Sanger, Texas FAX NUMBER:(940) 458-4180 COMMENTS: FROM: SENT BY: RE: Sanger, TX Christian E. Glass/Linda Berger Linda THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFED THAT ANY DISSEMINATJON, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE, A1''D RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POST AL SERVICE. THANK YOU. SPECIAL WARRANTY DEED THE STATE OF TEXAS COUNTY OF DENTON § § § KNOW ALL PERSONS BY THESE PRESENTS: That SANGER TEXAS INDUSTRIAL DEVELOPMENT CORPORATION, a Texas corporation ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable consideration to the undersigned paid by WAL-MART STORES EAST, INC., an Arkansas corporation ("Grantee"), whose address is 2001 S.E. 10th Street, Bentonville, Arkansas 72712, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee, all of the real property in Sanger, Denton County, Texas, described in Exhibit A attached hereto and made a part hereof, together with all improvements attached thereto and all benefits, privileges, leases, tenements, rights-of-way, easements, hereditaments, rights and appurtenances thereon or in anywise belonging or appertaining thereto, including, without limitation, any right, title or interest of Grantor in or to adjacent streets, alleys, strips, gores or rights-of-way (the "Property"), subject to the matters set forth on Exhibit B attached hereto and made a part hereof (the "Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee, its, successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its heirs, successors, legal representatives and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under the undersigned and not otherwise. Grantee hereby assumes and agrees to pay all taxes affecting the Property for the year 2000 and subsequent years. EXECUTED to be effective as of July _/t..L, 2000. GRANTOR: SANGER TEXAS INDUSTRIAL DEVELOPMENT CORPORATION, a Texas corporation By: 0-~~ Frank Ballard, President Special Warranty Deed I Sanger, TX (Sanger to Wal-Mart) 16358.178I July 11, 2000 I D-711-Special W111T1ntyDHd-SangerlOCto WM Page 1 STATE OF TEXAS COUNTY OF DENTON § § § This instrument was acknowledged before me on this J.[!_~y of July, 2000, by Frank Ballard, President of SANGER TEXAS INDUSTRIAL DEVELOPMENT CORPORATION, a Texas corporation, on behalf of said corporation. Special Warranty Deed I Sanger, TX (Sanger to Wal-Mart) l6358.l78/ JJ/y ll, 2000 / 0-711-Sp,t:IIIW,,,,myDHd-San,trlDCtoWlf Page2 EXHIBIT A to SPECIAL WARRANTY DEED Property Description BEING a tract of land situated in the B.F. Lynch Survey, Abstract Number 725, Denton County, Texas and being a portion of that tract of land described by deed to EDWARD F. WOLSKI, as recorded in Volume 4519, Page 648, Deed Records, Denton County, Texas as being more particularly described by metes and bounds as follows: COMMENCING at a P.K. Nail found at the southeast property corner of said Wolski Tract, said P.K. Nail is in the centerline of Lois Road at the intersection of the west right-of-way line of the G.C.&S.F. Railroad; THENCE N 10021 '15" E, 25.33 feet along said west right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS• set at the POINT OF BEGINNING. THENCE N 80052'48" W, 581.88 feet to a 5/8 inch iron rod with plastic cap stamped •CARTER & BURGESS" set; THENCE N 80031'41" W, 1095.83 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06021'30" E, 329.90 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 83J38'30" W, 400.00 feet to a 1/2 iron rod with plastic cap stamped "ALLIANCE" found in the east right-of-way line of interstate highway 35 and the beginning of a curve to the right; THENCE with said east right-of-way line and with said curve to the right, through a central angle of 44059'24", having a radius of 236.48 feet, the long chord of which bears N 21033'15" W, 180.96 feet, an arc distance of 185.69 feet to a 1/2 inch iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 06035'53" W, 152.63 feet with said east right-of-way line to a 1/2 iron rod with plastic cap stamped "ALLIANCE" found; THENCE N 00055'50. E, 1146.64 feet continuing along said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; Special Warranty Deed I Sanger, TX (Sanger to Wal-Mart) 16358.178/ .Al/y 11, 2000 I tHJl-Spec/alWwrentyOeed-SallferlDCIDWM Page 3 THENCE S 89J04'10" E, 200.00 feet departing said east right-of-way line to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 00055'50" E, 180.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 89J04'10" E, 90.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06021'30" E, 1190.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 83038'30" E, 75.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE N 06021 '30" E, 920.00 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set; THENCE S 88036'36"·E, 2263.19 feet to a 5/8 inch iron rod with plastic cap stamped "CARTER & BURGESS" set in the aforementioned west right-of-way line of the G.C.& S.F. Railroad; THENCE S 10021'15" W, 4309.54 feet along said west right-of-way line to the POINT OF BEGINNING and containing 213.286 acres of land more or less. Special Warranty Deed I Sanger, TX (Sanger to WaJ-Mart) 16358.178/ JJ/y ll, 2000 I D-711-Speclal w-ntyOHd·Sanftr/DCID WM Page 4 EXHIBIT B to SPECIAL WARRANTY DEED Permitted Exceptions a. Easement for electric transmission and/or distribution lines granted to Denton County Electric Cooperative, Inc. by J.S. Gadberry by instrument dated June 16, 1937, filed November 13, 1953, recorded in Volume 401, Page 141 of the Deed Records of Denton County, Texas. b. Easement for electric transmission and/or distribution lines granted to Denton County Electric Cooperative, Inc. by J.S. Gadberry by instrument dated November 9, 1944, filed November 17, 1953, recorded in Volume 402, Page 520 of the Deed Records of Denton County, Texas. c. (intentionally deleted) d. Easement for right-of-way granted to Bolivar Water Supply Corporation, by O.W. Davis, Jr. and wife, Doris Fay Davis, by instrument dated April 10, 1970, filed June 15, 1970, recorded in Volume 603, Page 145 of the Deed Records of Denton County, Texas. e. Easement for right-of-way granted to State of Texas, by Alonzo W. Jamison, Jr. and wife, Elizabeth Jamison, by instrument dated January 3, 1957, filed February 14, 1957, recorded in Volume 415, Page 209 of the Deed Records of Denton County, Texas. f. Easement for right-of-way granted to Bolivar Water Supply Corporation, by Alonzo Jamison, Jr., by instrument dated February 22, 1971, filed June 18, 1971, recorded in Volume 623, Page 548 of the Deed Records of Denton County, Texas. g. Easement for right-of-way granted to Southvyestern Bell Telephone Company, by Alonzo Jamison, Jr., by instrument dated May 13, 1976, filed July 6, 1976, recorded in Volume 793, Page 375 of the Deed Records of Denton County, Texas. h. Easement for right-of-way granted to Bolivar Water Supply Corporation, by Alonzo Jamison, Jr. et al, by instrument dated March 14, 1974, filed April 2, 1976, recorded in Volume 780, Page 621 of the Deed Records of Denton County, Texas. i. One-fourth (1/4) non-participating royalty interest in and to all the oil, gas and other minerals, on, in, under, or that may be produced from the subject property is hereby excepted herefrom as the same is described in instrument from Alonzo W. Jamison, Jr., to North Stemmons Joint Venture, dated August 16, 1985, filed August 20, 1985, recorded in Volume 1703, Page 38 of the Deed Records of Special Warranty Deed I Sanger, TX (Sanger to Wal-Mart) 16358.178/ July 11, 2000 I D-711-Sp«lal WatrantyDeed-SangerlDCloWM Page 5 • Denton County, Texas; reference to which instrument is hereby made for all purposes. J. One-fourth (1/4) non-participating royalty interest in and to all the oil, gas and other minerals, on, in, under, or that may be produced from the subject property is hereby excepted herefrom as the same is described in instrument from Alonzo W. Jamison, Jr. and wife, to North Stemmons Joint Venture, dated December 6, 1985, filed December 6, 1985, recorded in Volume 1778, Page 908 of the Deed Records of Denton County, Texas; reference to which instrument is hereby made for all purposes. k . One-half (1/2) non-participating royalty interest in and to all the oil, gas and other minerals, on, in, under, or that may be produced from the subject property is hereby excepted herefrom as the same is described in instrument from 0.W. Davis, Jr. and wife, Doris Faye Davis, to North Stemmons Joint Venture, dated March 31, 1986, filed April 1, 1986, recorded in Volume 1852, Page 922 of the Deed Records of Denton County, Texas; reference to which instrument is hereby made for all purposes. I. Encroachment or protrusion of fences and signs into or outside of the boundary line(s) as shown on survey dated June 14, 2000. m. Encroachment or protrusion of telephone pedestals, telephone cable markers, power poles and overhead electric lines, as shown on survey dated June 14, 2000 by James F. Kasson, RPLS. Special warranty Deed I Sanger, TX (Sanger to Wal-Mart) 16358.178I July 11, 2000 I D-711-Speclll W1t1111tyDeecl-SangerlDCto WM Page 6