COBBONJOHNS 501 Congress Ave., Suite 150 Austin, Texas 78701 bill@cobbjohns.com 512-399-3150 December 13, 2023 Jon' Thatcher City ofForney, City. Attorney 1011 EMain Street Forney, Texas 75126 Via email: tharcherelomeyugor Re: Petition for Release: from the ExtastertonaJurisdiction oft the City ofl Forney Dear Mr. Thatcher, 1. 2. Sunbelt Self Storage XIX, Ltd. ("Owner") files this Petition pursuant to TEX. Loc. Sunbelt Self Storage XIX, Ltd. owns property within the extraterritorial. jurisdiction of the City of Forney located at 8078 FM741, Forney, Texas 75126, PID 7866, 7869, and Owner hereby Petitions the City of Forney to release of Owner's Property from its Pursuant to' TEX.Loc. GOV'TCODE S 42.102, an owner or owners ofr majority in value ofan area in a municipality's extraterritorial jurisdiction may file a petition with the municipality tob ber released from the extraterritorial jurixdiction,fheowner's; property in question meets the applicability requirements of' TEX. Loc. Gov'T CODE S 42.101 Owner's Property meets the applicability requirements of TEX. Loc. Gov'T CODE Ass set forthi in Exhibit B, Affidavit ofOwner, and as set forth in' TEXLOC.GOV'TCODE (1) within five miles oft the boundary ofar military base, as defined by' TEX.Loc. GoV'T CODE S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction GOV'TCODE S 42.102. 54610 (the "Property"). Seel Exhibit. A (Deed and Property Map). 3. 4. tratemtonaljunsaicion. and the petition requirements ofTEX.Loc. GOV'TCODE S 42.104. 5. 6. $42.101. S4 42.101, the undersigned swears that the Property is not: thati is located in a county: December 13, 2023 OCobb &Johns PLLC Page 1 COBBJOHNS (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (B) that has a population greater than 240,000; population ofmore than 1.4m million that is: (3) within the portion of the extraterritorial jurisdiction of a municipality with (A) within 15 miles ofthel boundary ofar military base, as defined by' TEX. Loc. GOV'TCODE S 43.0117, at which an active training program is conducted, and (B) inacounty with aj population of more than 21 million; (4) in an area designated as ani industrial district under TEX. Loc. GOV'TCODE (5) in an area subject to a strategic partnership agreement entered into under $42.044; or TEX. Loc. GOV'TCODE S 43.0751. 7. 8. This Petition meets the requirements ofTEX.Loc. GOV'TCODE S 42.104. As required by" TEX. Loc. GOV'TCODE S 42.104(a)(2), Owner's valuei in thel Property constitutes more than 50% of the value of the Property, as indicated by the tax rolls of As required by TEX. Loc. Gov'T CODE S 42.104(a)(2), the signature page accompanying this Petition includes the signatures of100% ofthel Property'sownersin the Kaufman Central Appraisal District. 9. value, whichi is more than 50%. ELEC. CODE S 277.002. 10. As requiredbyT TEXLOC.GOVTCODE S 42.103, thes signaturei is valid pursuant to' TEX. 11. This Petition contains, in addition to the signature: (A) the signer's printed name; (B) the signer's: (i) date ofbirth; or (i) voter registration number and, (i) countyofregistration; (C) the signer's residence address; and December13, 2023 Cobb & Johns PLLC Page 2 COBBOJOHNS (D) the date of signing. 12. Ast required by" TEX-Loc.GOy'TCODE: S 42.104(b), Owner filing this Petition satisfied the signature requirement within 180 days after the date the first signature for the Petition was obtained. section isi in writing. 13. As required by' TEX. Loc. GOV'TCODE S 42.104(c), the signature collected under this 14. As required by' TEX. Loc. GOV'TCODE S 42.104(d), this Petition includes the deed for the land to be released in Exhibit A, which describes the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, ift there is a recorded map or plat. Exhibit A also includes ai map of the land tol be released. 15. As required by TEX.Loc. Gov'T CODE S 42.105(a), the City must verify this Petition upon receipt; shall notify the residents and landowners of the area described by the petition ofthe results ofthe petition,orshallnotif) Owner, whoi filedthis Petition under Section 42.102. 16. Pursuant to TEX. Loc. Gov'T CODE S 42.105(c), because Owner has obtained the number of signatures on the Petition required under Section 42.104 to release the area from the extraterritorial jurisdiction of the City of Forney, the City must immediately release the area--Owner's Property- -I from the City'sextraterritorial jurisdiction. 17. Pursuant to TEX. Loc. Gov'T CODE S 42.105(d), if the City fails to take action to release Owner's Property from the City'sE ETJ by the later oft the 45th day after the date the municipality receives the petition or the next meeting oft the City's governing body that occurs after the 30th day after the date the City receives this petition, the area- - Owner's Property- y-ist released by operation ofl law. December13,2023 OCobb & Johns PLLC Page 3 COBBOJOHNS OWNERI NAME: SUNBELT SELF STORAGE) XIX, LTD. By: SBhERS Lpkh Printed Name General partner ofSunbelt GP1, Inc., theg general partner ofS Sunbelt Self Storagel Management! XIX, Ltd., Its:. the general partner ofs Sunbelt Selfs Storage XIX,Ltd. Title 44 Signature November. 21, 1952 Date ofbirth N/A N/A Voter registration number Voter county ofr registration Residence address Date ofs signing 512 Queensbury Turn, Southlake, TX76092 114-23 December 13, 2023 OCobb &Johns PLLC Page 4 EXHIBIT A DEED ANDI PROPERTY! MAP O Cobb &J Johns PLLC Kaufman County Laura Hughes County Clerk Instrument Number: 2022-0029494 BMAS FILED AND RECORDED - REAL: RECORDS CLERKS On: 08/02/2022 at 09:33. AM d ERECORPIBG Document Number: 2022-0029494 Receipt No: Amount: Vol/Pg: 22-23673 $ 42.00 V:7746P:245 STATE OF TEXAS COUNTY OF KAUFMAN Ihereby certify that thisinstlument) was filed on the date and time stamped hereon by me and was duly recordedi int the OfFejar-Public Records of Kaufman County, Texas, doma C.Hupas Laura Hughes, County Clerk Ashley Kirby Recorded! By:. Deputy ANYI PROVISIONI FEREIN-WHICHRESTRICTS THE: SALE, RENTAL, OR USE OF THE DESCRIBED HALPROPETIHCAUSKOP COLOR ORI RACE IS INVALID. AND UNENFORCEABLE UNDER Record and Return To: RANGER' TITLECO 409NMCGRAW: ST FORNEY,TX 75126-8661 5 #2022-0029494. NOTICE OF CONFIDENTIALITY RIGHTS. IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION: FROM THIS INSTRUMENT BEFOREI ITI IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'SI LICENSE NUMBER. GF#F212868K GENERAL WARRANTY DEED STATE OF TEXAS COUNTY OF KAUFMAN S $ $ KNOW. ALL PERSONSI BY THESEPRESENTS: That Jacob DeRieux and Faren DeRieux ("Grantor"), inconsideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency ofwhich are acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED and does GRANT, BARGAIN, SELL, AND CONVEY to Sunbelt Self Storage XIX, Ltd., a Texas limited partnership whose address is 3015 New York Ave, Suite 201 Grand Prairie, Texas 75052 ("Grante")thereal property located in Kaufman County, Texas, fully described in Exhibit A, and alli improvements locatedon it, together with all ofG Grantor's right, title, and interest in and to (a) any and all gights, ites/powepyprivieges, easements, licenses, rights-of- way, and interests appurtenant to the real property and/any improvements on the real property, and (b)any and all rights, titles, powers, privileges, Apisalwy, and interests of Grantor, either at law ori in equity, in possession ori in expectapcy,nhandr to any real estate lying in the streets, highways, roads, alleys, rights-of-way, or sidewalks/open orpraposed, in front of, above, over, under, through, or adjoining the real property (collectively, "Property"). stips or gores of real estate adjoining the real property This General Warfanty_Deed ancthe-çonveyance above are executed by Grantor and accepted by Grantee subject to any ahdalestrichions, easements, and other matters of record, to the extent they are validly existing and applicableto the RrOperty and described on Exhibit B attached hereto (collectively, E "Permitted Exceptions") TOHAVEANPTOHAP the Property, together with all and singular the rights and appurtenances toi iti in any way belonging, to Grantee, its successors, and its assigns forever, and Grantor binds itself, its successors, "AIPAEARRANT AND FOREVER DEFEND all and singular the title to the Property to Gfphie,ibgucessors, and its assigns against any person lawfully claiming or to claim the sameer any-Dakofit, Subject to the Permitted Exceptions. Grantee's addressi is: 3015 New York Ave, Suite 201 Grand Prairie, Texas 75052 Page 1 of 5 EXECUTED as oft the 2aayo of Julfan JRAI agok Soen Buh Faren DeRieux STATE OF TEXAS COUNTY OF KAUFMAN 9 S $ / BEFORE ME, the undersigned, a Notary Public imand.for said County and State, on this day personally appeared Jacob DeRieux, known to métobethe person whose name is subscribed to the foregoing instrument and acknowledged to me thathé exégitedthes same for thep purposes and consideration E therein expressed, and in the capacity theréi's stated Given under my hand and seal - of f 2022. NOTARY PUBLIC, TEKAS Printed Name: My Commission Expires: PATRICIA ANNASHFORD MyNoayD#2178941 Expires. June 24, 2028 Page 2 of 5 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF KAUFMAN BEFORE ME, the undersigned, a $ $ $ Public Notary - in and for said County and State, on this daypersonally appeared Faren DeRieux, known to me to be the person whose name is subscribpd-to_the foregoing instrument and acknowledged to me that he executed the same for the purposes apd consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office RICIAAMNASHFORD yNdayD$217994 Eples.ume24,2025 NOTARYI PUBLICSTATEO Trinted Name: My Commission Expires: 2 - PATRICIA ANNABHFORO MNODR2TRA Epinline26,2ng8) AFTER RECORDING RETURNT TOL 3015 New York Ave, Suite 201 Grand Prairie. TX75052 Page 3 of 5 EXHIBITA Legal) Description & Plat Being ai tract ofland situated in the A. Hayer Survey, Abstract No. 203, Kaufman County, Texas,being all that certain called 6.96 acre tract "Tract I" and that called 0.12 acre tract "Tract II" described inj Deed of Trust to Kevin Lynn Burke and Nadine Anne Burke as recorded in Volume 4023, Page37ofthe/Deed Records, Kaufman County, Texas, also being all oft that certain called 2.222 acre tract ofland" "Tract One" and that called 0.210 acre tract' "Tract Two" conveyed to. Jacob DeRieux and Faren DéRieux àsrecordedin Volume 5048, Page 373 oft the Deed Records, Kaufman County, Texas, and beingalloft that cettain calléd 4.654 acre traçt of land conveyed to. Jaçob DeRieux as recorded in Volume 5590, Pagè136ofv the Official Public Records, Kaufman County, Texas, and being more particularly deseribedasfalbows Beginning at a 1/2" iron rod found for corner in the Northerly Northwest lineloft that dertain called 54.373 acre tract of land conveyed to Glenn "Red" Whaley as aamaLRe 436 of the Deed Records, Kaufman County, Texas, and the Southeast line of FM741, said pointbeing the West corner of Thence, North 45°15'32" East, along the Southeast line of FM 74L,dsam6g6r27451 feet to a 3/8" iron Thence, South 41°09'56" East, departing the Southeast Ine ofFM 741 and continuing along the Northeast Thence, South 43°47'49" East, continuing,along the Northeastline of said 0.12 acre tract, a distance of 103.30 feet to a 1/2" iron rod found for cofmet,said-point being : the East corner of said 0.12 acre tract; Thence, North 45°01'15" East, along the Southeastline ofthat certain tract of land conveyed to Melvin M. Sellers and Linda. J. Sellers as recorded inNolume1016 Page 598 oft the Deed Records, Kaufman County, Texas, a distance of 236.27 feetto a 12'iron rod found for comer in the Southwest line of that certain called 4.879 tract ofl land conyéyed foCorporation oft thel Presiding Bishop ofthe Church of Jesus Christo of Latter-Day Saints as recordedi inyglae2I54,Page 528 ofthe Official Public Records, Kaufman County, Thence, South 43°2709" East, along the Easterly Northeast line ofs said 6.96 acre tract, a distance of 405.71 feett to a60D nail found on top ofafence post for corner from which a 3/8" iron rod found for witness bears said 2.10 acre tract; rod found for corner, said point being the West cornerofsaid 0.12 acretraet, line ofsaid 0.12 acre tract, a distance of292.82 feet toa12"ironrod: set for corner; Texas, said point being thé) Fast corner ofsaid Sellers tract; South 37°30'05" East Adistanceof251 feet; Thence, along the common linelgfsaid 6.96 acre tract and said 54.373 acre tract as follows: South 4591727West, adistance of 500.99 feet to a 1/2" iron rod found for corner; North432132Wesgt, a distance of 800.11 feet to the Point of Beginning and containing 308,455 square feet or 708Tapresafjand. Page 4 of 5 EXHIBIT B PERMITTED EXCEPTIONS Easement dated September 16, 1948, from J. B. Sowell, individually and as Atty. in Fact for T. W Sowell, and R. H. Sowell to Lone Star Gas Company recorded in Volume 324, Page 456,Deed Records, Kaufman County, Texas, and as shown/noted on survey dated November 23, 2021,prepared Easement dated November 17, 1965, from Adele Irvine Sowell, individually and'as independent executrix of the Last Will and Testament of R. H. Sowell, Deceased in Cause-52083- P,in Probate Court ofDallas County, Texas to City of Crandall recorded in Volume 486, Page 225,Deed Records, Kaufman County, Texas, and as shown/noted on survey dated November 23,2021, prepared by Raul Easement dated November 24, 2010, from Tim Stokes to Talty Water Supply orporation recorded in Volume 3969, Page 16, Official Public Records, Kaufman County, Texas, and as shown/noted on survey dated November 23, 2021, prepared by Raul Dominguez Rwc.RPLS/NO.590. Easement dated April 16, 2012, from Elizabeth L. DeRieux to Talty Water Supply Corporation recorded in Volume 4273, Page 112, Official Public Reçords, Kaufman County, Texas, and as shown/noted on survey dated November 23, 2021, prepared byRaul Dominguez Reyes, R.P.L.S. No. Terms, conditions and stipulations comaisalpCemfiaton.r OSSF Requiring Maintenance dated April 15,2 2005, recorded in Volume 2626, Pages75,Real) Property Records, Kaufman County, Texas. Terms, conditions and stipulations contajnedi in Certification of OSSF Requiring Maintenance dated by Raul Dominguez Reyes, R.P.L.S. No. 5390. Dominguez Reyes, R.P.L.S. No. 5390. 5390. November 30, 2010, recorded Terms, conditions and Texas. Page/480, Official Public Records, Kaufman County, Certification of OSSF Requiring Maintenance dated Texas. February 9, 2016, recorded'in, Doume-4972,Page 323, Official Public Records, Kaufman County, 7 Page 5 of 5 #2022-0029494 Filed for Record in Kaufman County TX 24487 24486 2441 59543 382 7867 7868 7869 7866 741 7865 205575 EXHIBITB CITYOFFORNEY AFFIDAVTFOFJOHNNY CAMPREIINSUPORTON PETITION FORI RELEASE FROMTHE EXTRATERRITORALJURISDICTIONOFTHE Before me, the undersigned authority, on this day personally appeared,Johnny 1. My name is Johnny Campbell. I am over eighteen (18) years of age and am legally competent to make thisa affidavit, which is true and correct, andi ist made Campbell, who under oath stated as follows: voluntagilya ereral Lapdngtndsrd ofs EdHyress. the general partner ofSunbelt Selfs Storage! Management! As the thegeneral partner ofs Sunbelt Self Storage XIX,Ltd. MSunbelt of Ltd.Iam authorized to submit this Petition on its behalf. 2. 3. Self Storage XIX, Sunbelt Self Storage XIX, Ltd. is a property owner in the extraterritorial jurisdiction of the City of Forney. Its property is located at the following address: 8078 FM741, Forney, Texas 75126, PID7866, 7869, and! 54610 (the There is lowner oft the Property: Sunbelt Selfs Storage XIX, Ltd.. Sunbelt Self Storage XIX, Ltd. owns 100% ofthe interest in thel Property. Iswear that the Property is not: (1) within five miles of the boundary ofa military base, as defined by TEX. Loc. Gov'T CODE S 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (a)in which thej population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020, and (b) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction ofa a municipality with a population of more than 1.4 million that is: (a) within 15 miles of the boundary of a military base, as defined by TEX. Loc. Gov'T CODE S 43.0117, at which an active training program is conducted, and (b) in a county with a population of more than 2 million; (4) in an area designated as an industrial district under TEX. Loc. Gov'T CODE S 42.044; or (5) in an area subject to a strategic partnership agreement entered into under TEX.Loc. GOV'TCODE S 43.0751. Iswear that the petition contains my valid and true (1) signature, (2) printed name, (3) date ofbirth; voter registration number; county ofvoter registration, (4) residence address, and (5) date of which Isigned such petition. Iswear that Isatisfied the signature requirement of TEX. Loc. GOV'TCODE $42.104(b) within 180 days following the date the first signature for the "Property"). 4. 5. 6. 7. petition was obtained. Sworn and subscribed tol before me on this the 14d day ofDecember, 2023. VERANNA CAMPBELL Notary IDA #129612114 My Commission Expires March 30, 2026 VAMMARAuple Publici in Notary Cobb &] Johns PLLC and for the'State ofTexas