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THE STATE OF TEXAS S WATER MAIN PRORATA REIMBURSEMENT AGRE13-
MUNI' DNTWEEN TN13 CITY OF WNTON, TEXAS
COUNTY OF DENTON i AND DGNTON INDEPENDENT SCHOOL DISTRICT
1~11BRBAS, tho Denton Independent School. District, horoafter
referred to as "Developer," whether one or more, whose business
address is 1205 Univerrsity Drive West, Denton, Texas 76201, wishes
to develop and r improve certain real PrePorty located within the
City of Denton, Texas1~ or nn1 its o~xtraterritarial jurisdiction, ai is
shown in 13xhibit~ 112, r 113attached horeto and incorporated
herein by roferenco, and is required to provide such property
with adequate water service by designing, constructing and
{ installing (t w+rter main; and
W118REAS, the City of Denton, a municipal corporation located
at 215 Bast McKinney, Denton, Texas 76201, hereafter referred to
E as "Clty," in accordance with its ordinances, may rolmburso
Developer for the Costs of the water main designed, constructed
and installed by Developer based upon prorata charges paid to the
City by persons connecting to such water main;
NOW9 THEREFOR)) in consideration or. the, mutual promises and
covenants container{ herein, Developer and City agree as follows;
1. Developer shall desiggn, install and construct, at no cost
to the City, an eight inch (g'f) water main and all necessary
appurtenances thereto, hereafter referred to as "ovorsizod
facilities," a tending a total distance of pproximately fivc~
thousand ts,•o1r-hundrod and fifteen foot 215'located as
shown on 13xhibit 111," attached hereto and incorporated herein ~y
refereuce.
2. Prior to beginning construction Developer ahall.enter into
a Development Contract, as required by Appendix A of the Code of
Ordinances of City. This agxoomunt shall be subject to and
E governed by such Development Contract, which Iti incorporated
heroin by referenr.e, and any other applicable ordinances of City.
S. Prior to beginning consr,rue..tion of the facilitios, Dove-
lopes shall obtain$ at Devoloporla solo cost and axpoiiso, all
necessary permits, licenses and ,easements, ;.F easements are
needed, the deeds therefore obtitinod by `Dovw)lopov shall be
i reviewed and approved as to form and substance by City prier to !
E tho beginning of construction, If Developor is unable to acquire
Hooded easements, Developer shall provido city with any requostod i
doc,umontation of efforts to obtain such easements, inclVding ovi-
denco of negotiations and reasonable offors made to the offocted
properly, owslors. Any' easements for the fucilitios outainod by
the Developer `shall be assigned to City, if not taken ifs City's
hAme, prior to acceptance of tho facilities, and Imvelo>or
warrants k.lear title to -ouch onsoments and will ')ef.eltd City
against any adverse claim mado against such title,
s 4
4.`The astimatod cost of the dosIgn, construction and
installation of facilities, as determined by public bids on the
same or similar projects, on a per linear foot basis, is Twenty-
one D("1, a and Nifty C nts.' ($21.50) per linear foot or One
Hundred del Thousand 11undrod and Twenty-two Dollars and
Vi£ty Cents ($3it3;3i`~;50) for the estimated 4;8.1-5 linear feet for
the facilities, r~iri~,5-a Svcs S~
i
S. Within thirty (30) days of the acceptance of the
facilities by the City, Developer shall submit to the City's
Director of Utilities the actual cost of the facilities, To
d(termine the actual cost of the facilities, City shp.12 have the
right to inspoct any and all records of Developor, his agents,
employees, contractors or subcontractors and sha:.+ iiave the right;
to require Developer to iubmit any necessary information,
documents, invoices, rocelpts or ether records to verify the
actual cost of the fac:ilitlesu The Director of. Utilities shall ,
review and verify the actual cost of the facilities and certify
the allowable reimbursable cost and the date facilities were
h
j accepted, which certificate shall be attached hereto and be
incorporated harcin by reference,
b. After title to the facilities have vested in the City, the
City shall collect a prn).cao chat-go from arty person connecting to
the facilities in accordance with the provisions of Appendix A of
the Code of Ordinances of the City. Within thirty (30) days of
the receipt of sucih prorata 0,lrgos the City shall transfer such
amount collected to Developer. j
1 7, The City shall transtor to Developer prorata charges col-
lected for a period of time of twenty (20) years from the date
j racii.itles are accepted by City, as specified heroin, but shall
not trau,sfer or reimburse to the Developer an amount of funds in
t.,Xcess of the certified cost of the facilities,
81 The-ps.rtios hereto recognize that the facilities subject
to this Agreement. aro necessary to provide water service the
Developer's property, 6hould the City decide that it wishes to
participate in the cost of funding a water main that would
provide' greater water capacity then the facilities Developer is
required to install, the Devoloper and City may enter into a
separate Water Main hartit,lpation Agreement to provide for the
1 shaving of cost of such ovek-Ized main. If such agreement is 1
entered into, the actual"ove;.sixed water main to be constructed
shall be governed by such agreement, but the prorata charges to
be collected and transferred to Developer shall be based on tho
terms of this agreement, as though the facilities subject to this
agreement were installed.
l
9, Vie prorata `charges to be collected by the City and
y i transferred to Developer in accordance with the ordinances of the
WATHR MAIN PRORATA REIMBURuBMHN1` AGREEMENT BETWEEN THE CITY UN
` r)l3NTON, TEXAS AND DBNT014 INDEPENDENT SCHOOL D1STRICT/PAGH 2 i
City and this agreement is intended to reimburse the Devoloper
for the Developer's cost of the facilities by requiring persons
connecting to such facilities, and benofititig thereby, to
1 participate in the cost of such facilities, This agreement shall
not be couu.ldered to impose any obligation or liability upon the
City to pey for such facilities frow its ggeneral revenues, bond
funds, or any other revohues it may roceive, oxcept for those
prorata fronds received from persons connecting to su.:'.i facilities,
10. bhoul.d any court of competent; jurisdiction determine that
all or,pjrt of the City's ordinances on which the prosata charges
to be paid to developer under this agreement are based are found
to be unlawful are invalid, the City may copse to charge or
I collect such prorata charges for connection to the facilities and
will have no further obligation hereunder,
11. All notices, payments or communications to be given or j
made pursuant to this agreement by the parties hereto, shall be
I sent to Developer at the business address given above and to the
Director o< Utilities for the City at the address given above.
I 12, The Developer shall indemnify and hold the City harmless
from any and all claims, damages, loss or liability of any kind
whatsaevor, by reason of injury to property or persons occasioned
by any act or omission, neglect or wrongdoing of Developer, Its
officers, agents, employbes, invitees, contractors or other
persons with rel;ard to the performance of, this agreement, and
1 Developer will, at its own cost and expense, defend and protect
the City against any and all such claims and demands.
13, This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or I
obligations other than those contained herein. This agreement
shall supercerio all previous communications, representations or
agreements, either verbal or written, between the parties hereto. I
1 14, This agroement shall not be assigned by Developer without
the express written consent of City,
j 15. Any and all ;suits' for any broach of this agreement, or
any other suit pertaining to or arising out of "his agreement,
shall be brought and maintained in a court of competent jurts-
dictiosi in Denton County, TeXas,
16, This agreement shall be effecr.ive for a period of twenty
(20) years from the date facilities are accepted by city or until
Developer ties been paid all ailowabla reimbursable prorata charges
for the facilities, whichever occurs first; provided, however,
should Developer fail to begin substantial construction of the
1
j WATER MAIN PRORATA REIMBURSEMENT AGABBM1NT 118TWHE N THE CITY 011
Di1NTON, TEXAS AND DENTON INDEPENDENT SCHOOL DISTRICT/PAGE 3
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facilities within ore year from the date of this agreement, this
agreement shall terminate, i
Executed this the day of 1886.
OFiNTON INDEPENDENT SCHOOL'
DISTRICT, DEVELOPER
{ J r
BY:
ATTESTS r
CITY OF D13NT0N, TEXAS
BY%
t P5f
1 ATTEST;
,
CUARI,OTTB
CITY OF ONION, TEXAS APPROVED AS TO LEGAL PORMi
DEBRA AW,"Al DRAYOVITCIl, CITY ATTORNEY
t [ CITY OP DEWTON, TEXAS I'
t.
BY.,
h
I ~ ry~
WATHR MAIN PRORATA P.oaMBURSEMENT AGUEMENT BETWEEN THE CITY OF
DBNTON,'TEXAS AND DW10N INDEPENDENT SCHOOL DISTRICT/PAGE 4
i
HICKORY CREEK D.I.S.D.
EXHIBIT" °1
PPO-RATA OFF SITE 12" WATER LINE
A,.
RYAN RD.
~ r ,C~S •~9'SFFRG'~t
T ,J PI'~R
1 r - Z
a
f 2' WATER LIMfi '
ry~ r ~
HICKCRY CREEK P
I
f SOHO L SITE
rA
Y r
HICKORY CREEK D.IleS Ds
EXHIBIT
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a~,IC,trttrl e.a.eai~l.~ila
nliYtr a Tt7W ~
CalArlT IF It~1TON I
Uri' us, io4lyti f1ftlPmijIv? exim-i btsTl m is wo owner it sit that o4fiaih
%"et of " stttlrtrd in the J, "O"rs Swrwy Abstract Uldat 100 sled tw
IJt. legare IurNSy AbstrArt lk,at,tr 11011 Mntoo Caenty, Twlas And Wisp all l
of IM called 17.410 A"4 tract dsAcrlbrd In the Spoetat warY,uity'Dead f"a
R4f4nsw TV06OV4 11TIM464 end Sandare C41110e11 to 040t0a lndtelteadeal School
District ( IRSO ) reserded in V-)Itm 1904 Page 11 of Thy Nool ft"orty her
ordo e? psnt*n twlttye Tet4s, A4 reeeCntaatd and occuriod on tM Around) the
ev►Jeot traM b4i4 nosy particularly d.haorlbtd As falliwsl
,
IttSllttrMNG fat t* "West Corner rf the tract bothet d4serlb4d her4tn, at
an tron rod f0ka1d at the ltorthwrtt Corner of ti,e said DISD Trdeto said trbn
j rod hating South f1 Deaawe 01 Minutas 31 Seconds talc 4 diatabes of MOO M
tar fr6o As itbn red at the bnrlhwoAt Corner of 4 traots dsacribe4 is the
Wed owwV ing $01 interest from Rayburn Tucktrt T"o tea to Sasses Cawpbell
reoordos to Volute 477 fetgo 7?? of the said Dood Retordsi
rNf71CC South"p4Rrysa dl MUMPS 31 Secontll Fast with the Abrth line of the
said 9r3D Tirect, saga bQN, the Mortis Iles of tbo Tile ker-Caapb4It tract with
the aiddle of Mitilt "Creel Reed a dietwee of T10,00 fast is an from rod
found at title Noethast Cot+wr of the said D19P tract l
TI1CMCf :;out" Ill nocr" 41 Ninilins M) ser,snd~ west IP.IVInr, oald toad it b',,ai
feet pAeaiag an iTeea rod to the seeupted South line of the laid road and con-
tinuinA AIMS said COUree With the West lihe of tie said DISD Tract, In We
a total distance if ?71,50 fe►t to an Iron rod found At t1K Sauthisat Corner
1 of th4 said 000 Tractt
raNCL North 0 Daftreas 05 Minutes 7l lvean4► West mitt, the South line of the
said taSO Tract with a line parallel wiii, tho North line of the said Tucker-
Caerse411 Tract a dist►nes rf ?90,14 feet to An tram rod found At the South-
west Corner of the pal. DISb Traci!
'.i 111ME North 01 60" 17 Kinutee OO Seednds first with the Wort title of the
laid 0130 Treot, laid It" balms MOM foot i;,ist of and parallel with the l
Vogt lisle of the said T+tok►r-C'"bell 714rt at ?OT,SO flVt n4ee1na th Iran r1A
fauna In the "curled South lAnr of tie laid road and antitinuln0 , in Ail, A j
total 111AUTI" of .119.40 feet tA,, the pl.lcf or hlot!:e;t V4 4nd oerlaslnr 17,410)
acres of land,
NOw, T1fg1mms. [NON AU, .Itx NY TOM IMf$FTf"I
y
TNAT DtirroM INDF tobrr Sf.WL a1STAICT does herdby adopt this plat Otlipt/tinA
the herein Ihaerthed preprrty as ant I Awls A, Illokorr Crook Road r.1piititatry
Addition, in tleeroa Conntyt ToxaA and does hettby 0dioate
to the public uno forever the rtrrit rsnlte-o(•wes 4nd p,tbllc leaeowrnti shmm
t
e ~
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EXHIBIT 3
HICKORY CREEK D.I.S,D. Reduced plat !
i
1i1i1"S11I11 1 1 rr1.
1111 7 nJ ~
1 N I tfi;r JN aUit vPy AU 70
~ ul 01 Jf J NICNOAP CF't Cp R AC J .
. ed IMP 01 Jul
+
+ 11.386 A0, NET i
lOT-l, 8 L 0 0 K A n
III HICK0RY CREEK RC, f l I
EI.£MENTARY' A001T10N .I
8 i in u~l(l ytl+IU l~ ll~yl Ir d 3. 8 Ik •1 ~
' ik ~ !'r~ 5 rn
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II v rtJ u If of 5 SU rf v l; y A+1 ru U a
`1 1,111 ~
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THE STATE OF TEXAS § WATER MAIN PRORATA RE MBURSB::lbNT
I AGREEMENT DBTWBBN Tim CI'CY Q~j DBNTON '
E COUNTY OF DENTON § AND IIOLABRT-WYATT VOLKSWAGtFI I C.
WHEREAS, Holbert-Wyatt VolkswagM V'Inc.,
hereafter referred
to as "Developer." whether one or moro, whose business address
~ I
is 419 South Him, Denton, 'texas 76201, wishes to develop and
improve certain real property located within the City of Denton, }
Texas or its extratorritorial jurisdiction and is required to
provide such property with adequate water service by designing,
constructing and installing a water main, and 1
WHEREAS, the City of Denton, a municipal corporation located
at 215 B. McKinney, Denton, Texas 76201, hereafter referred to I
as "City," in accordance with Its ordinances, may reimburse Dove-
I lopex for the costs of the water main dosignod, constructed and
installed by Developer based upon ;prorata charges paid to the
City by persons connecting to such water main;
NOW4 THBREPORB, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows:
1. Developer will design, install and construct, at no cost
to the City, a water main of a minimum inside diameter of eight
' inches (811), and al) necossarr appurtenances thereto, hereafter
1 referreta"-to as "facilities,' extending a total distance of
approximately eight hundrod and fifty linear foot (850'), as }
s own on Exhibit "1atlacItod hereto and incorporated by {
reference.
2. Prior to beginning construction Developer shall enter
into n Development Contract, as required by Appendix A of the v'
Code of Ordinances of City. This agreoment shall be subject to ;
and goveruod by such Development Contract, which is incorporated
herein by reference, and any other applicable ordinances of City.
3. Prior to beginning construction of the facilities, Deve-
lopor shall obtain, at Developer's sole cost and expense, all
necessary permits, licenses and easements. If casements are
needed, the deeds therefore obtained by Developer shall be ro-
s viewed and approved as to form and substance by City prior to
the beginning of construction. If Developer is unable to acquire
needed,easoments, Developer shall prov3do City with any requested G
documentatiopt of efforts to obtain such easements,' Including ovl
dente of negotiations and reasonable offers mado to the effected
property, owners. Any easements for the facilities obtained by
P the Developer shall be assigned to City, if not taken in Cityts
nnme, prior to acceptance of the facilities, and Developer
warrants clear title to such easements ahd will defend City e
against any adverse claim made against such title.
i
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A._ The estimated cost of the design, construction and instal.
lation of facilities, as determined by public bids on the same
or similar projects, on a per linear foot basis, is $21.50 por
linear foot or Eighteen Thousand Two Hundred Seventy-five and w
I No/100($18,275.00),for the estimated eight hundred fifty linear j
foot for-tTO facilities,
j ,
5, Within thirty (30) clays of the acceptance of the facil-
ities by the City, Developer shall submit to the City's Director
of Utilities the actual cost of the facilities, To determine
the actual cost of the facilities, City shall have the right to
inspoct any and all records of Developer, his agents, omployeos, f
contractors or subcontractors and shall have the right t0
require Developer to submit anyy necessary information,
documents, invoicos, receipts or otltor records to verify tho
actual cost of the facilities, The Director of Utilities shall
review and verify the actual cost of the facilities and certify ,
the allowable reimbursable cost and the date facilities were
accepted, which certificate shall be attached hereto and be
incorporated herein by reforenen,
6, After title to the facilities have vested in tbo City,'
the City shall collect a prorate charge from any person con
netting to the facilities in accordance with the provisions of
Appendix A'of the Code of Ordinances of the City, Within thirty
(30) days of the receipt of such prorata charges the City shall
transfer such cmount collected to Developer.
7, The City shall transfer to Developper prorata charges col,
lected for a period of time of twonty x(20) years from the date E
facilitiec are accepted by City;'--kb- _6i5 l.ad herein, but shall
not transfer ur reimburse to the Developer an amount of funds in
excess of the certified cost of the facilities.
8;, The parties I►ereto recognize that the facilities subject
to ths Agreement are necessary to provide water service the
Developer's property. Should the City decide that it wishes to '
participate in the cost of funding' a wator main thst would
provide grearor water capacity than the facilities Developer is
required to install, tho Developer and City may enter into a
separate Water Main Participation Agrooment to provide for the
sharing, of cost of such oversized main. If such agreement is
entered into, the actual oversized water main to be constructed
p shall be governed by such agreement, but the yrorata charges to !
be collected and transferred to Developer shall bo based on the
terms of this`agroomont, as though the facilities subject to
this agreement were installed.
9. The prorata charges to be collected by the City end trans-
forred to Developer in accordance with the ordinances os the City
and this agreement is intondod to reimburse the Developer for the s
i
WATER MAIN PRORATA REIMDUR5RMfl AGR8)3MENT BETWEEN THE CITY OP j
DENTON AND IIOLBIiRT-WYATT VOLKSWAc~3N, INC./PAGE 2
1
Develoneris cost of the facilities by requiring persons connec-
ting to such facilities, and bonofiting thereby, to participate
in the cost of such facilities. This agreement shall not be
considered to impose any obligation or liability upnn tho City t
to pay for such facilities from its general revenues, bond funds
or any other revenues it may receive, except for those proiata
tends received from persons connecting to such facilities.
10. Should any court of competent jurisdiction determine
that all or part of the City's ordinances on which the prorata
charges to be paid to developer tinder this agreement are based
are found co be unlawful are invalid, the City may cease to Z
charge or colloct such prorata ehgrges for connection to the f
facilities and will have no further obligation horoundor.
11.A11 notices, payments or communications to be given or
mach pursuant to this fgroement by the parties horoto, shall be
sont to Developer at the business address given above and to the
Diroctor of Utllitioz for the City at the address given above.
12, The Developer shall iitdomnify and hold the City harmless
from any and all claims, damages, loss or liability of any kind
whatsoever, by reason of injury to proporty or persons occasioned
j by any act or omission, neglect or wrongdoing of Developer, its f
officers, agont.s, employees, invitoos, contractors or other ;z
persons with regard to the s)orformnnee of this agreement, and a
Developer will, at its own cost and expense, do-fond and protect
the (:ity against any and all such claims and demands.
13. This instrument embodies the whole agreement of the
parties hereto and there are no promises, terms, conditions or c
obliggations othor than those contained heroin. This agreement
shall suporcedo all previous communications, represent at ioils or
agreements, either verbal or writton, between tine parties hereto,
14, :'his agreement shall not be assigned by Developer without !
the express written consont of City.
i
15, Any and all suits for any breach of this agreement, or,
any other suit pertaining to or arising out of this agrooment,
shall be brought and maintained in a court of competent juris.
diction in Donton County, Texas, {
16, This agreement shall be-offoctive for a period of twonty j
(20) yours from the date facilities are accepted by City ur !I
until Devoloper has boon paid all allowable aimbursable prorata {
charges for the facilities, whichever occurs first; provided,
lIowever, should Developer fail to begin substantial construction
rr of the facilities within ono year from the date of this agree-
moat, this agreement shall torminato,
WATER MAIN YRORATA RU MBURSEMCl~~{{'~ ,AGRI;i3MENT NHTWBEN THE CITY On
DENTON AND 1iOLUERT-WYATT VOLKSWAC INC./PAGH 3 I
1
Executod this the .~'"day of 1986,
HOLBE3RT°WYATT VOLKS'wk(im~ INC.
DEVELOPER
J
BY A~PI'ES'i's
SMCR ARY
7 I CITY Of DENTON, TEXAS
I
" R
i' CIPY MANAGER
ATTEST
CHARLOTTIPALIEN9 CITY , R T
CITY OF DENTON,TEXAS
i APPROVED AS TO LEGAL NORM
' DEBRA ADAMI DRAYOVITCit, CITY ATTORNEY
h I CITY OF DBNTON, TEXAS l
i i
B Y i
to Y J..-.-a.-+.w
1
i'.
WATER MAIN PRORATA _ REIMHURSEMBNT 4PI913MENT HHTWHN THE CITY OF
DENTON AND HOLBUT-WYATT VOLKSWAW, INC, /PAGE 4
. j
HOLBERT-WYATT ADDITION
„
EXHIBIT 1
OFF BITE OVERSIZE WATER LINE S" to 16'
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O` ER ly
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HALBERT WYATT
EXHIBIT 2
otAsCttTtolM
STATE OP TWS
C0flxfl of pF"
WHEREAS. Holbert-Wyatt Yolkewegen,
the Gideon fec,` la tt,e owner of a treat of ta<ld situated in
Welker Surrey, Abstract Narba 1130, Deotof County, fexea; 'sold trait
being shown by deed to Holbert-►'yitt lolkswagen, fnc, and recorded in Yaiua.s 1506,
Page 755, Real Property Record, of bMatoa County, Tau, and being more fu11j
dorcribed of followar
beginning for the south corner of the tract being doecrfbad at a fence ororr
said COV11tr being the south corner of said Holbert-Myatt tract on the northeeaterl~
right-o hown of Sntersate HI hvsy :+5E, said corner also being the west corner of e
tract shorn by deed to Nark Cobb and recorded in Voluen 474, page 635 of sa;'d Deed
Records,
Thence North 49 degrees 37 minutes 00 saconde Want vlth said right-of•aay line and
the southwesterly line of said Holbert-Myatt tract a dlstauce of 9L89 feet to a
1 fence corner post, said corner being the 6
vast corner of Holbert-Wyatt tr
act and the
south corner of a tract ,AOwa by dead to H,W. Pockrus end recorded in VoloaO 3y8,
Page 503 of said Deed Records,
Thence North 41 degrees 59 minutes 46 seconds East a distance of 289.90 feet to a
fence corner post on the Mouth line of a track whom by deed to Lane Star Gas
Company, Voluee 353, pale 177 of said Deed Recoact
Thence South 63 deyrsem 07 Mtnut08 09 aaconds t=est with a north line of said Holbert.
Wyatt tract and the ,ouch line of esid Lone Star Gas Company tract is
483037 feet to a fence corner pootl
distance of
Thence North 61 degrens 21 0inutea 16 seconds East a distance of 99,3J toot to a
fence corner post on the south right-of•vay of the K.K. A T, Railroad;
Thence South 73 degrees 18 use
too 58 seconds Past with the booth right-of-vey of
y amid H.K. 8 T. Railroad a dletance of 205.77 That to s fence corna.' ,poet, said corner
being the east corner of said Hollart-Vystt tract and the north corner of said Cobb
tr;ctl
Thence South 42 degrees 16 minutia 13 seconds Mtst with the eNBt line of said i
Holbert-Myatt tract and the vast line of said Cobb tract s dtutance of 434,05 toot to ;
i the Point of Seglreing and containing 6.114 acres of land,
YOM, THEREFORE; 144 ALL MEN 8Y TH&U PRESF.Wj
THAT Holbert-Wyatt Yolkswaloh, Inc, does hereby adopt this plat designating the '
herein deecribod proven! as Holbert-Wyatt Addition, block 1 to the City of Denton.
r Denton County. Texas anG does hereby dedicate to the public use forever the eerr:eta
i and casements for the sates 'purpose and eunelderction axPre,set hn
reon,
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{ t
-*M~l CFO
14'sOL
THE STATE On TEXAS 5 WATER MAIN PRORATA REIMBURSEMENT
AGREEMENT BETWSEN THE CITY On DENTON
COUNTY OF DENTON S AND TBASl.EY ROAD ASSOCIATES THREE
WHURBAS, Teasley Road Associates Three, hereafter referred
to as "Developer," whether one or more, whose business address
is P, 0. Box 117, Denton, Texas wishes
limited
but not develop ato
improve certain real property, Including
that shown in Exhibit "2", located within the City of Denton,
Texas or its extraterritorial jurisdiction and is required to
rrovide such property with adequate water service by designing,
constructing and installing a water main; and
WHEREAS, the City of Denton, a municipal corporation l edt d refer to
at 215 B. McKinney, Denton, Texas 76201, reimburse Deve-
loper as "City," in accordance with its ordinances, may
`for the costs of, the water main designed, constructed and
installed by Developer based upon prorate charges paid to the
City by persons connecting to such water main;
NOW, THEREFORE, in consideration of the mutual promises and
' covenants contained herein, Developer and City agree as follows;
1. Developer will design, install and construct, atno cost
to the"Cit , a water main of a minimum inside tdiameter of twelve
hereto, hereafter
inches (12and all necessary appurtenances
referred to as "facilities," extending a total distance of
r, approximately one thousand seven hundred and thi ody-one emend
foot (1,7311), as shown on Exhibit "1," ereto and
incorporated by reference., {
2. Prior to beginning construction Developer s all of nter
into a Development Contract, as required by Appendix e
Codo, of Ordlnaices of City. This agreement shall be subject to
andgoverned by such Development Contract, applicable which is ordinances
herein by reference, and any other j' € 3. Prior to beginning construction of the facilities, Deve-all
loper she'll obtain, at Developer's sole cost If deasement, are
necessary permits,. licenses and easements, Deloper shall be are f
needed, the deeds therefore obtained by tier to t
viewed and approved as to form and substance by City p
the beginning of construction, If Developer is unable to acquire {
needed easements, Developer shall provide City with any requested
documentation of efforts to obtain such easements,o nthedoffected 1
denee of negotiations and reasonable offers made r j
l property owners, Anyy easements for the facilities obtained by
i the Developer shall be 'assigned to City, if not taken in City's
name, prior to acceptance of the facilities, and Developer
warrants clear title to such easements and will defend City
against any adverse claim made against such title.
4, The estimated cost of the design, construction and instal-
cation of the reimbursable facilities, as determined by public
bids on the same or similar projects, on a per linoar foot
basis, is $21.50 per linear foot or Thirty-Soven 'thousand Two
Hundred Sixteen and No/100 ($37,216.00) for the estimated one
thousand seven hundred and thirty-one linear feet for the
facilities,
5, Within thirty (30) days of the acceptance of the facil-
ities by the City, Developer shall submit to the City's Director
of Utilities the actual cost of the facilities, To determine
the actual cost of the facilities, City shall have the right to
inspect any and all records of Developer, his agents, employees,
contractorsi or subcontractors nd -shall have the right to
require Developer to submit any necessary information,
documents, invoices, receipts or other records to verify, the
actual cost of the facilities. The Director of utilities shall
review and verify the actual cost of the facilities and certify
the allowable reimbursable cost and the date facilities were
accented, which certificate shall be attached hereto and be
incorporated herein by reforence.
6, After title to the facilities have vested in the City,
3 the City shall collect a prorate charge from any person con-
necting to the facilities in accordance with the, provisions of !
Appendix A of the Code of Ordinances of the City; provided,
however, that the parties agree that no pro rata charge shall be
made or collected for any connection to the facility to serve
the property described in Exhibit 1131f attached hereto and
incorporated' by reference. Within thirty (30) days of the
receipt of such prorata charges the City shall transfer such '
amount collected to Developer,
7,! The City shall transfer to Developer prorata charges col-
lectod for a
period of time of twenty (20) years from the date
facilities are accepted by City, as specified herein, but shall a
not transfer or reimburse to the Developer an amount of funds in
excess of the certified cost of the facilities.
Y
g. The parties hereto recognize that the facilities subject
to this Agreement are necessary to provide water service the
Developer's property, Should the City decide that it wishes to
participate in the cost of funding a water main that would
provide greater water capacity then the facilities Developer is
I required to install, the Developer and City may enter into a
separate Water Main Participation Agreement to provide for tho
sharing of cost of such oversized main. If such agreement is
1 entered into, the actual' oversized water main to be constructed
shall be governed by such agreement, but the-prorata charges to
be collected and transferred to Developer shall be based on the
1I terms of this agreement, as though the facilities subject to
?
' this agreement were installed. ~
!
WATER 4A1N PRORATA RHiMBURSEMENT AGRBEM13NT BETWEEN THE CITY OF
DENTON;AND TEASLEY ROAD ASSOCIATES THREE/PAGI 2 !
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9. The prorata charges to be collected by the City and trans-
ferred to Developer in accordance with the ordinances of the City
and this agreement is intended to reimburse the Developer for
the Developer's cost of the facilities by requiring persons
connecting to such facilities, and benefiting thereby, to
participate in the cost of such facilities. This agreement
shall not be considered to impose any obligation or liability
upon the City to pay for such facilities from its general
revenues, bond funds or any other revenues it may receive,
except for those prorata funds received from persons connecting
to such facilities.
10. Should any court of competent jurisdiction determine
that all or part of the City's ordinances on which the prorata
charges to be paid to developer under this agreement are based
are found to be unlawful are invalid, the City may cease to
charge or collect such prorate. charges for connection to the
facilities and will have no further obligation hereunder.
11. All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
j sent to Developper at the business address given above and to the }
Director of 'Utilities for the City at the address given above.
yy' 12. The Developer shall indemnify and hold the City harmles3
I from any and all claims, damages, loss or liability of any kind
whatsoever, by reason of injury to property or persons occasioned
by any act or omission, neglect or wrongdoing of Developer, its I ;
officers, agents, employees, invitees, contractors or other
persons with reg~;rd to the performance of this agreement, and
Developer will, at its own cost and expense, defend and protect
the City against any and all such claims and demands.
13. This instrumor•t embodies the whole' agreement of the
parties hereto and there are no promises, terms, conditions or
obligations other than those contained herein. This agreement
shall superce4o all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
14. This agreement shall not be assigned by Developer without t
the express written consent of City,
j 1$.` Any and all suits for any breach of this agreement, or
any other suit pertaining; to or arising out of this agreement,
' shall be brought and maintained in a court of competent juris. I
diction iiy Denton County, Texas.
16, This agreement shall be effective for a period of twenty
! (20) years front the date facilities are accepted by 'City or
;
;until Developer has been paid all allowable veimbursable prorate.
+ charges for the facilities, whichever occurs first; provided, f
s
! WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY Of
DENTON AND TEASLE.Y ROAD ASSOCIATES THREE/PAGE. 3
r
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howeveir, should Developer fail to begin substantial construction
of the facilities within one year from the date of this agree-
mont, this agreement shall terminate,
{ Executed this the day of 1996.
TESASLEY ROAD ASSOCIATES THREE,
DEVELOPER i
i
By.,
j
ATTEST.
S
UFA
c R
CITY OF DEN N, TEXAS
i
0 D LL i
CITY MANAGER
' ATTESTt
ALLEN,
GHMLUTTB Ty SEGRETAR7
CITY OF DENTON, TEXAS
1 APPROVED AS TO LEGAL FORM:
DEBRA ADAM? DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
~r111
By: I ~G~t I
WATER MAIN PRORATA REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF I
DENTON AND TEASLEY ROAD ASSOCIATES THREE/PAGE 4 i
EXHIBIT
OFF SITE:. PRO RATA, WATER
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OFF SITE WATER
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EXHIBIT 2
STATY t, bus
40t1m N DE1ROfF
Wst171R.13, kVTON 1tO00Ota(7 SCHOOL 011719CY is the owner of all that,cartsim' i'
tract of laae6 aitrsted Lm the Jaws C61tart Sw1Ye) IMtrnot Mumn M, oot• i
tall C~Y, taA►a wd beinA a tssrt e( this 46%JW W,1173 oor$ tract de-
i sc-AW in tie »n(A rram Dora Lae Most to Yrarld Naafi Issoetatso recordsd'.
in Volum IS41 Pate 163 of the Deed Records of ketoo Cettnlrr ?4ttar as to-
Cogatissd and oscuDiOd ba the trwandl the 14b)tot tract being owe it%-
iatir described as foliowat
DEMNA for the Northeast Cotner of the tract MSmA described herein, 4%
an tron tad tot to tlta aiddli: of ra
1 bete{ in the gut lira
of the said sucvey end being South R dls knee 9•Me, or id0,0 foot (row ttN Cast-
North-Lest Corner of the said 60.1175 acts trootl
TaKt South with the last line or the said 60,9914 ncra tract and aeAer-
i ally with the middle of the said road A distaoea of 04.19 fat to ao iron
I rod Sit et the recoAM M Northeast Corner of A 1,66 acre tract described
' in the Dvud from Dora Goa Ieea to from 1, Wilson recorded in rolulo 1542
Paps 35 of the said Aced Iecondyt I
THENCE North 41 Degrees 57 Vlnutes 41 Seconds Nest with 11,4 recognised
North line of the said Wilson Tract at 39,12 feet passing an iron rod t
found to the West line oQhs acid road and tontieuing with the slid
course itaootru% at 279495 ect an Iron rod found at. the Noroheest Cornet j
of the said Wilson Tract and continuing with the said course , in all, a i
total distance of 196,17 rcpt to an iron rod set, the said rod being in
a curve to the left hsvinC .r radius of 270,00 feet;
T1IERCE In a Northpaaterl7 Direction along the said curve a dtstanos of
112,91 feet ( chord bearing North 15 Dohreos 4) Hinutps 50 Socouds Cast
a distance of 150,67 feet ) to an Iron rod se tat the end of the said
curvet
THENCE North DO Ddarnes 29 M nntes 76 Sccoods West a distance of 140,00
feet to it) iron rod sex at the bcgln0ing of a cutw to the riaht havlnA
a radius of 300,00 feett
i
7HCSCE In a Notthtastarlr direction nlunn the said curve a'distance of
01,24 feet ( chord bearing North 44 Vwgrpes 30 Minims 24 Seconds East
a distance of 424.26 feat ) to an irve rod set at the end 6f the said
currtt
TIUNCE North 69 hedroee 30 attmtpa . SpronJs Taal 1, 429.15 feet passing
an iron rod set in this West tinp or. the obovuentloned road and conlin-
uinA with tho said course A tot.,; distance of 479,66 foot to the MACE OF
fE01NNIN0 and enetosink 9,903 acres of land,
NOW, bILIEFOPEt KNOW ALL f LN aY T!ICs1. MAUM1'M
' THAT, , acting for the Donlon Indeopndan r ~
School District does hcrobl adnet this ol,t deslsnsting the horoin de-
%oribed property as M.N,D, - tA1t311s AO,its ADD1TfON LOT I BLOCK I In
bonton County, Texas and door herobe dedicatt to the su611c'ase (orcvcr
tho etreot rights-of-way and puulto edsomohtr Khown hereon,
'll irtlhe our In,
ll.'n'ui, i,. niW•., ~',uol UfU girl
1
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tdYsssr
FIELD NOTES
EXHIBIT 3
{ BEING a tract of land situated in the Daniel Culp Survey, Abstract No. 287
and the Caswell Carter Survey, Abstract 1b. 275 and beano, a porSion of a i
tract of land conveyed to Checkmate Development Corporation by deed recorded
in Volume 939, Page 564 of the Deed Records of Denton County, Texas and being
more particularly described as follows;
I BEGINNING at a 1-inch re-bar found at the northerly most northeast corner of
Northwood Addition, 4th Installment, an addition to the City of Denton, as
recorded in Cabinet D, Page 360 of the Plat Records of Denton Cainty, Texas;
' said point also being on the northern boundary line of said tract of land
conveyed to Checkmate Development Corporation; said point also being on the
south boundary line of Kingston Trace Section IV; an addition to tho City of
Benton as recorded in Cabinet B, Pag:, 59 of the Plat Records of Denton
County, Texas;
i
THENCE S 87° 48' 25 <E, along the northerly boundary line of said tract of
land conveyed to Checkmate Development Corporation and along' the south
boundary line of said Kingston Trace Section IV, a distance of 980,00 to a
1-inch re-bar found for corner;
3
THENCE `S 10° 48' 44" 14', along the easterly boundary line of said tr~ct'of
land conveyed to Checkmate Development Corporation, a distance of 922,22 feet
to a 1-inch re-bar set for corner; said, point also being on the south
} right-of-way line of the proposed extension of Windsor Drive (an 80-foot
j right-of-way),
THENCE West, along the south right-of-way line of the proposed extension of
said Windsor Drive, a distm a of 147,75 feet to a I-inch re-bar set for
corner;
THENCE S 100 48' 44" W, leaving the south right-of-way line of proposed
extension of said Windsor Drive, a distance of 34,65 feet to a 1-inch re-bar
set at the beginning of a curve to the left having a central angle of
200 50' 44", a radius of 739.28 feet, and a tangent length of 135.99 feet;
THENCE along said curve to the left, an arr, length of 268,97 feet to a 1-inch
re-bar setat the end of said curve; said curve also having a chord bearing
and distance of 9 00° 23' 22 W, 267.49 feet,
i
' THENCE S 10° 02' 00 E, a distance of 86,68 feet to a I-inch re-bar set at j
the beginning.ef a curve to the left having a central angle of 090 12' 5011 a
radius of 813,16 feet, and a tangent length of 65.52 feet,
i 3
THENCE along said curve to trie left, an arc length of 130,77 feet to a 1-inch
re-bar set at the and of said curve, said curve also having a chord bearing j
and distance of S 140 38' 40" E, 130.63 feet; i
,
f
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THENCE N 890 17' 15" W, a distance of 31,83 feet to a 1-inch re-bar set for
corner; said point being the beginning of anon-tangent curve to the right
having a central angle of 08° 28' 32", a radius of 843.14 feet, and a tangent
length of 62.48 feet;
THENCE along said curve to the right, an arc length of 124.72 feet to a
1-inch re-bar set_at_t4 end ofsaid curve; S-1W curve also having a afford
I bearing and distance of N 14 16' 31 W, 124,61 feet;
i THENCE N 100 02' 15" W, a distance of 81.75 feet to a 1-inch re-bar set for
corner;
i
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THENCE N 890 17' 15" W, a distance of 50,89 feet to a 1-inch re-bar set for
corner; said point being the nor+heast corner of a1,179 acre tract conveyed
to Martino Realty by deed recordea in Volume 1696, Page 716 of the Deed
Records of Denton County, Texas; said point also being the beginning` of a
non-tangent curve to the right having a central angle of 201 31' 36", a
radius of 819,28 feet, and a tangent length of 148,35 feet;
THENCE along said curve to the right, an arc length of 293,52 feet to a
1-inch re-bar set at the end of said curve; said curve also having a chord
bearing and distance of N 00° 32' 56" E, 291.95 feet;
! THENCE N 10°148' 44" E, a distance of 19,40 feet to a 1-inch rt-bar set for
I corner on the south right-of-way -line of the proposed extension of zaid
j Windsor Drive, said point also being the beginning of a non-tangent curve to i
the right having a central angle of 221 21' 4111, a radius of 900,00 feet, dnd
a tangent length of 177,89 feet;
THENCE along said curve to the right, an arc length of 351,25 feet to a
1-inch re-bar set at the erid of said curve; said curve also havingg a chord
bearing and distance of N 78" 22' 27" W, 349.03 feet; said point `als0 being
on the easterly boundary line of said Northwood Addition, 9th installment;
said point also being the beginning of a non-tangent curve to the right
having a central angle of 01° 00' 50", a radius of 568,04 feet, and a tangent
length of 5,00 feet;
THENCE along the easterly boundary line of said Northwood Addition, `ath
Installment the following course and distances,
THENCE along said curve to the right, an arc length of 10.00 feet
to a 1-inch re-bar found at the end of said curve; said curve also t
having a chord bearing and distance of h 22° 18' 13" E, 10,60 feet; i
THENCE +`i_220 48' 44" E, a distance of 230,00 feet to a 1-Inch
I
f ra-bar found for corner; said point 'being the beginning or, a i
i non-tangent curve to the right having a central angle of
340 22' 5111, a radius of 660,00 feet, and a tangent length of i
204,18 feet; !
f
41 THENCE along said curve to the right, an arc length of 396,04 feat 3
to a 1-inch re-bar found at the end of said curve; said curve also
having a"chord bearing and distance of N 49° 59' 50" W, 390,12
feed
I
E
THENCE N 32° 48' 25" W. a distance of 39.27 feet to a 1-inch re-bar
found at the beginning of a curve to the right having a central
angle of 484 11' 2311, a radius of 210,00 feel:, and a tangent length
of 93.91 feet;
I i
I THENCE along said curve to the right, an arc length of 176.62 feet
to a 1-inch re-bar found at the end of said curvQ,; said curve also
having a chord bear;ng and distance- of N 0a° 4?' 44" W, M.46
feet; said point also being the beginning of a reverse curve to the
left having a central angle of 130 11' 23", a radius of 390.000 and
a tangent length of 45,09 feet;
l
THENCE long said curve to the left, an arc length of 89.78 feet to
a i-inch re-bar found at the end of said curve; said curve also
having a chord bearing and distance of N 08° 47' 16" E, 89,58 feet;
THENCE N 020 11' 35" E, a distance of :10,00 feet to the POINT OF
BEGINNING and CONTAINING 16,935 acres of land, 33
r 7944 i
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1450E
THE STATE OF TEXAS S WATER MAIN PRORATA REIMIMSEMENT
AGRBBNIENT BETWEEN T1113 CITY OF DENTON
COUNTY OF DENTON S AND TEAS M ROAD ASSOCIATES THREE
{ WHEREAS, Teaslay Road Associates Throe, hereafter referred
to as "Devolopor," whether one or more, whose business address
is P. O. Box 117, Donton, Texas 76202, wishes to develop and
improve certain real property,, including, but not limited to
that shown in Exhibit 11211, located within the City of Denton,
Texas or its extraterritorial jurisdiction and is required to
provide such property with adequate water service by designing,
f constructing and installing a water main; and
k WHEREAS, the City of Denton, a municipal corporation located
at 215 13. McKinney, Denton, Texas 76201, hereafter referred to
} as "City," in accordance with its ordinances, may reimburse Deve-
loper for the costs of the water main designed, constructed and
installed by Developer based upon prorata charges paid to the
City by persons connecting to such water main;
- NOW, THBREYORE, in consideration of the mutual promises and
covenants contained herein, Developer and City agree as follows"
' 1, Developer will design, install and construct, at no cost
to the Citr a water main of a minimum inside diameter of twelve
inches (12 and all necessary appurtenances thereto, hereafter J
referred to as "facilities," extending a total distance of !
approximately one thousand seven hundred and thirty-one linear :f
feet (107311), as `shown on Exhibit 111," attached hereto and
incorporated by reference,
Lr Prior to beginning construction Developer shall enter
into a'Developmont Contract, as required by Appendix A of the ;
Code of Ordinances of City. This agreement'. shall be subject to
and overnod by such Development Contract, which is incorporated
here n by reference, and any other applicable ordinances of City.
ti
' 3. Prior to bet-Inning construction of the facilities, Dove
lopir shall obtain, at Developer's sole cost and expense, all
necessary permits, licenses and easements. If easemonts are
needed, the deeds therefore obtained by Developer `shall be re-
viewed and approved as to form and substance by City prior to
the beginning of construction, If Developer is unable to acquire r
needed easements, Developer shall provide City with any requested
documentation of efforts to obtain such easemonts, including evi-
dence o#' negotiations and reasonable offers made to the effected c
property owners, Any easements for the facilities obtained by {
1 the Developer shall be assigned to City, if not taken in, City's
name, prior to acceptance of the facilities, and Developer
" i i,arrants clear title to such easements and will defend City 3
against any a4verso claim made against such title.
:E
a
4. Tile estimated cost of the design, construction and instal-
lation of the reimbursable facilities, as determined by public
bids on the same or similar projects, on a per linear foot
basis, is $21.50 per linear foot or Thirty-Seven Thousand Two
Hundred Sixteen and No/100 ($370216.00) for the estimated one
thousand seven hundred and thirty-one linear Poet for the
facilities.
! 5, Within thirty (30) days of the acceptance of the facil-
ities by the City, Developer shall submit to the City's Director
of Utilities the actual cost of the facilities. To determine
the actual cost of the facilities, City shall have the right to
inspect any and all records of Developer, his agents, employees,
contractors or subcontractors and shall have the right to
require Developor to submit anyy necessary information,
documents, invoices, receipts or other records to verify the
I actual cost of tine facilities. The Director of Utilities shall
review and verify the actual cost of the facilities and certify
the allowable reimbursable cost and the date facilities were
I accepted, which certificate shall be attached hereto and be
I incorporated herein by reference, ,
X
6, Aster title to the facilities have vested in the City,
` the City shall collect a prorata charge from any person con-
nesting to the facilities in accordance with the provisions oof
' Appendix A of the Code of Ordinances of the City, provided,
however, that the panties agree that no pro rata charge shall be
made or collected for any"connovtion to the facility to serve
the property described in fsxhlbit "3", attached hereto and-
incorporated by reference, Within thirty (30) days of the
receipt of such prorata charges the City shall transrer such
amount collected to Developnr.
7. The City shall transfor to Developer prorata=charges col-
lected for a period of time of twenty (20) years from the date r
facilities are accepted by city, as specified heroin, but shall
not transfer or reimburse to the Dovoloper an amount of fonds in
excess of the certified cost of tote facilities. )
8. 'rho parties hereto recognize that the facilities subject {
to this Agreement are necessary to provide; water service the
peviloper's property, Should the City decide that it wishes to
g participate iv the cost of funding a water main that would
provide greater water capacity then the facilities Developer Is
required to install, the Developer and City may enter into a j
y` . separate Water Main Participation Agreement ft such agreement eefor the
If
sharing of cost of such oversized main.
a entered into, the actual oversized water main to be constructed i
shall be governed by such agreement, but the pror.ata charges to
be collected and transferred to Developer shall be based on the
terms of this agreement, as though the facilities subject to
this agreement wore installed, }
WAT13R MAIN PRORATA IZEIMBURS11MHNT AGIiB.BMHNT DBTW1313N THE CITY OF
F DBNTON AND THASLBY ROAD ASSOCIATES THRB B/MAGI; 2
9. The prorata charges to be collected by the City and trans-
forred to Developer in accordance with the ordinances of the City
and this agreement is intended to roimburso the Developer for
the Developer's cost of the facilities by requiring persons
connecting to, such facilities, and benefiting theraby, to
participate in the cost of such facilities. This agreement
r shall not be considered to impose any obligation or liability
upon the +',tty to pay for such facilities from Its general
revenues, bond funds or -any either revenues It may receive,
except for those prorata funds received from persons connecting
I to such facilities.
10, Should any court of competent jurisdiction determine
that all or part of the City's ordinances on which the prorata
charges to be paid' to developer under this agreemont are based
1 are found to be unlawful are invalid, the City. may cease to f charge or collect such prorata charges for connoction
to the
facilities and will have no further obligation hereunder.
F 11, All notices, payments or communir ati.ons to be given or R
made pursuant to this agreement by the parties hereto, shall be
-j sent to Developer at the business address given above and to the
Director of utilities for the City at the address given above.
'.7,. The Developer shall indemnify and hold the city ht.rmless
from a»y and all claims, damages, loss or liability of any kind
whatso,~vor, by reason of injury to property or persons occasioned
by any ict or omission, negloct or wrongdoing of Developer, its
officers, agents, employees, invitees, contractors or other
persons with rtgard tf~ +1>e porformance of this agreement, and I;
Developer will, at its own cost: and expense, defend and protect
the city against any and all such claims and demands.
13. This instrument embodies the whole agreement of the
f parties hereto and there are no promises, terms, conditions or
obligations other than tho&e contained herein. This agreement
shall supercedo all previol!s communications, representations or
z agreements, either verbal or written, between the parties hereto.
14. This e'rreemont shall not be assigned by Developer without
the express written consent of City.
15. Any aid all suits for any breach of this agreement, or f
,.i any other suit pertaining to or arising out of this agreement, i
shall be brought and maintained in a court of competent juris4
diction in Denton County, Texas,
16. This agreement shall be effective for a period of 'twenty
(20) yoars from the date facilities are accepted by City or
until Developer has been paid all allowable roimb+trsablo prorata ;
charges Yor'the facilities, whichever occurs first; provided,,
.
WATER M,an, PRORATA REIMBURSEMENT AGREEMENT BETWBEN THA C= OF DSNTON AN,) TEASLEY ROAD ASSOCIATES THREE/PAG13 3
} i /1
howevor, should Developer fall to begin substantial construction
of the facilities wit' in one year from the date of this agree-
ment, this agreement shall, terminate.
Executed this the 1 day of
THASL13Y ROAD ASSOCIATES THREE,
DEVELOPER
'j
BY
i ~
ATTEST:
W104ALR
I CITY OF DENTON, TEXAS i
;i I3
' r; LL0
CITY MANAGER
441 ;r ATTEST;
1
ffARLOTTF O CITY SECRETARY
Ji CITY OF DMTON, TEXAS !
APPROVED AS TO LEGAL I+URM:
DEBRA ADAMI DRAYOVITCEi, CITY ATTORNEY
j CITY OF DENTON, TEXAS
BY.,
? f~11 t✓Y~
r~
WATER MAIN PRURATA REIMBURSEMENT AGREEMENT HTWUN THE CITY OF
t, D1 NTON AND TEASLEY ROAD ASSOCIAT13S THRU/PAGE. 4
L5 I
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GJ 'NFIELD WOODS D.I.S,D.
EXHIBIT 1
OFF SITE, 111?0 RA A, WArf-R
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OFF SITE WATER
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EXHIBIT 2
Sun t"Al
taIIYTY N Drnw
Y"M36 DCIffOM IngrE7tDw SCNDOL DitrT11ICT 11 the oaerar of all that. r4rteia'
r tract of lead sltoatad lx the Jaa+oa Coltart SutYSy Abstract Muobrt 218, Pon-
ten CooatY, Texts and bot" a part of the
esl{µ 60,1175 rcra tract da-
icribad In tka flood lrco'Dora 140 hates to T90141 lord xeaociatro recordotl i
in VolLesa 1511 rage 163 of 1,110 Deed Records of Daston County, Ttha, ra re-
eo~nis64 eltd oacuaied on the gro,atdl the eublaet tract being .err 94rtivu•
tarty dita ibfd as foltowal
prorm"lliq for the Rorthe it Corner of tho tract belrA described harsh, At
an it" ted set in the slddl2 of Paris Road, 1liat bsiq in th6 East line
of the Ooid survey 4wa being South a distanoe of {50,0 eat trial the test-
Xotth•FUt Corner of the slid 60.997S Gore triaoti
TIMKE south with the test )tns of the sold 60.9975 more trlet and later-
ally with the middle of the said rood a distance of 606.19 feat to to Iron
rod set At th recognized Northeast Corner of a I." sera tract described
In the Dead ryas Dore bee 11#004 to trtne 1. Will" recorded in solace 1542
Page 35 of the said Dead Xacor~sl
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THENCE Korth so Degrees 57 .rinntaa 41 Seconds Nest with tht racognixotl
North line of the said Nilaou Tract at 39.12 fret pueMg on iron rod
found to the Nest lint oh# said road and cohtlnuing with tht sold
eouta6 0841A at 271.90 act an trop rod fMSd at the Northwest Corner
of the said Ullson tract and continuing with the said course., in. all, a
1 total distance of 196,87 foot to as Iron rod set, the said rod being in
a curve to the left having a radius of 270,00 feat
THENCE in a Northeasterly direclton olop& the said curve s distance of
152,91 feet ( chord bearing Nortlr 15 Donreos 4) Minutes 50 Secmrdt East
a distance of 150.07 frog ) to an Iron rod sat at the end or the said
curve)
THENCE North 00 0exries 29 Hin:tas 16 Sccuads Meet a distance of 140,00
feet to its iron rod tat at the buplnning of a curve to the rtnht havlnit
a radius of 300,00 feels
THENCE in a Northeasterly direction 4lonn !hv said Curve A Jisu hoo of
411,24 fast ( chord be tin6 North 41, UvAreea YO Hinutns 74 Seconds East
a distance of 424,26 fedt ) to an true rod set at the end of the said
curve!
TIIFNCE North 69 DC6rert 3d r1inulwr 24 Serands Urit at 429.15 foot passing
an Oct rod rat in tht Veit line of the auovo.mogttontd road And Contin-
j ulnR with the laid canrso a total diatanca of 459,x6 foot to the PLACE OF
SECINNINO and eneloainA 9.907 acres of lanl,
90141 THEREFORE, KNOW ALL hl'A' IrY 7 IE'•L rRVICN'ISt
THAT,. acting for the hnntoo k4orlondont
School District does horobV ad,~oi this pl.a detianating thm herein dil-
kcribed proDertV as IAIL41S AOAI1 ADDITION LOT I DLOCC I In
Kenton County, ToRAS and dons ker0l, dedicate to the sublic use Torct'or `
f the Strut rights-of=wa and
1 Y Puul 1,r out!rewu! drown herebit.
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FIELD NOTES
EXHIBIT 3
BEING a trat of land situated in the Daniel Culp Survey, Abstract No. 287
and the Caswell Carter Survey, Abstract ko. 275 and being, a por&ion of a
tract of land conveyed to Checkmate Development Corporation by deed recorded
in Volume 939, Page 564 of the Deed Records of Denton County, Texas and being
more particularly described as follows;
BEGINNING at a 1-inch re-bar found at the northerly most northeast corner of
Northwood Addition, 9th Installment, an addition to the City of Denton, as
recorded in Cabinet D, Page 360 of the Plat Records of Denton County, Texas;
said point also being on the northern boundary line of said tract of land
conveyed to Checkmate Uevelopment Corporation; said point also being on the
south boundary line of Kingston Trace Section IV, an addition to the City of
Denton as recorded in Cabinet B, Page 59 of the Plat Records of Denton
County, Texas;
THENCE S 87" 48' 25" E, along the northerly boundary line of said tract of
land conveyed to Checkmate Development Corporation and along the south
4 boundary line of said Kingston Trace Section IV, a distance of 980.00 to a
1 1-inch re-bar found for corner,
l
THENCE S 10° 48' 44" W, along the easterly boundary line of said tract of ?
land conveyed to Checkmate Development Corporation, a distance of 922,22 'feet
to a 1-inch re-bar set for corner; said point also being on the south
right-of-way line of the proposed extension of Windsor Drive (an 80-foot
right-of•way);
THENCE West, along the south right-of-way line of the proposed extension of j
said Windsor Drive, a distance of 147,75 feet to a 1-inch re-bar set for
I' corner;
THENCE S 100 48' 44" W, leaving the south right-of-way line of proposed
extension of said Windsor Drive, a distance of 34,65 feet to a I-inch re-bar
set at the beginning of a curve to the left having a Central angle of i`
200 50' 44", a radius of 739,28 Feet, and a tangent length of 135,99 feet; i
;
THENCE along said curve to the left, an arc length of 268,97 feet to a I•1nch
ee-bar set at the end of said curve; said curve also having a Chord bearing
i and distance of 5 00" ?.3' 22" W, 267,49 feet;
a
THENCE 5 100 02' 00" E, a distance of 86,68 feet to a l-inch re-bar set at
a
the beginning of a curve to the left having a central angle of 090 12' 50", a
radius of 813.16 feet, and a tangent length of 65,52 feat;
a THENCE along said curve to the left, an arc length of 130.77 feet to a 1-inch i
re-bar set at the end of said curve; said curve also having a chord bearing a
j and distance of S 14° 38' 40" E, 130,63 foot;
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THENCE N 89° 17 15" W, a distance of 31,83 feet to a 1-inch re-bar set for
corner; said point being the beginning of a non-tangent curve to the right
having a central angle of 080 28` 32", a radius of 843.14 feet, and a tanqent
length of 62,48 feet;
THENCE along said curve to the right, an arc length of 124.72 feet to a
1-inch re-bar sot at t4 end of said curve; said curve also having a chord
bearing and distance of N 14" 16' 31" W, 124,61 feet;
THENCE N 10" 02' 15" W, a distance of 81,75 feet to a 1-inch re-bar set for
corners
THENCE N 89° 17' 15" W, a distance of 50,89 feet to a 1-inch re-bar set for
corner; said point being the northeast corner of a 1.179 acre tract conveyed
to Martino Realty by deed recorded in Volume 1696, Page 116 of the Deed
Records of Denton County, Texas; said point also being the beginning of a
non-tangent curve to the right having a central angle of 20° 31' 36", a
radius of 819.28 feet, and a tangent length of 148,35 feet;
THENCE along said curve to the right, an arc length of 293,52 feet to a
1-inch re-bar set at the end of said curve; said curve also having a chord
bearing and distance of N 001 32' 56" E, 291.95 feet-,
THENCE N 10° 48' 44" E, a distance of 19.40 feet to a 1-inch re-bar set for
I earner on the south ,right-of-way line of the proposed extension of said
Windsor Drive, said point also being the beginning of a non-tangent curve to
the right having a central angle of 22° 21' 4111, a radius of 900,00 feet, and
a tangent length of 177.81 feet; i
THENCE along Said curve to the right, an arc length of 351.25 feet to a
1-inch re-bar set at the end of said curve; said curve also having a chord
I bearing and distance of N 78° 22' 27" W, 349.03 feet; said point also being
on the easterly boundary line of said Northwood Addition, 9th Installment;
said point also being the beginning of a non-tangent curve to the right
having a central angle of 01° 00' 50"1 a radius of 565,04 i'eet, and a tangent
length of 5.00 feet;
3
THENCE along the easterly boundary line of said Northwood Addition, 9th
Installment the following course and distances;
THENCE along said curve to the right, an arc length of 10,00 feet
to a 1-inch re-bar found at the end of said curve; said cua've also f
having a chord bearing and distance of 11 22° 18' 13" E, 10.00 feet;
THENCE N< 220 48' 44" E, a distance of 230,00 feet to a 1-inch
re-bar found for corner; said point being` the beginning of a
non-tangent curve to the right having a central angle of
340 22' 51 a radius of 660.00 feet, and a tangent length of
204.18 feet; !
THENCE along said curve to the right, an arc length of 396,04 feet
50" curve
390.12 ~
to a aving-anc chord bbearinga and the end ofaiN 49° said
r h
feet;
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THENCE N 320 48' 25" W, a distance of 39.27 feet to a l-inch re-bar
found at the beginning of a curve to the right having a central
angle of 48° 11' 23", a radius of 210.00 feet, and a tangent length
of 0.91 feet,
THENCE along said curve to the right, an arc length of 176.62 feet
to a I•inch re-Dar found at the end of said curve; said curve also
having a chord bearing and distance, of N 08° 42' 44" W `1"i:46
feet; said point also being the beginning of a reverse curve to the
left having a central angle of 13° 11' 23", a radius of 390.00, and
a tangent length of 45.09 feet,
THENCE along said curve to the left, an arc length of 84,78 feet to
a'1-inch re-bar found at the end of said curve; said curve also
having a chord bearing and distance of N 08° 47' 16" E, 89.58 feet;
THENCE N 020 11' 35" E, _a distance of 110,00 feet to 'che POINT OF
1
BEGINNING and CONTAINING 16.935 acres of land, i
1
7944
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152sr.,
Tim STATE OF TEXAS S WATER MAIN YRORATA REIMBURSEMENT AGRE11-
MENT 1113MWIi iN THE CITY 01, DUNTON, TEXAS
C~IUN'TY OF DENTON S & NORTH TEXAS SAVINGS ~ LOAN A$SOCTA'T'lON
WHEREAS, North Texas Savings 4 Loan Assocation, by and
through its agent, Bennie Snider, hereafter referred to as "Dove-
loper," whother one or more, whose business address is 321 West
Oak Street, llenton, Texas 76201, wishes to develop and improve
certain real property located within the City of Denton, Texas or
its extraterritorial jurisdiction, as described in Exhibit 11211
attached' hereto and incorporated herein by reference, and Is
required to provido such property with adequate water service by
? designing, constructing and installing a water main; and
WHEREAS, the City of Denton, a municipal corporation located
at 215 Mast McKinney, Denton, Texas 76201, hereafter referred to
as "City," in r•,ccordance with its ordinances, may reimburse
Developer for the costs of the water main designed, constructed
and installed by Developer based upon prorata charges paid to the l
City by persons connecting to such water main;
r
NOW, THEREFORE, in consideration of the mu'ual promises and
covenants contained herein, Developer and City agree as follows; i
1, Developer will design, install and construct, at no cost
to the city, a water main and all necessary appurtenances
thoroto, hereafter referred to as "facilities," as shown in
Exhibit "I" , attached hereto and incorporated by reference, said
facilities being heroin described as follows 1 a portion of said
facilities to be of a minimum inside diameter of six inches (611)
and extending a distance of 635.77 linear feet; the remainder of
said facilities to be of a minimum inside diameter of eight A
inches ('811) and extending a distance of 479,23 linear feet, u
2, Prior to beginning construction Developer shall enter
h; into a Development Contract, as required by Appendix A of the
i„ Code of Ordinances of City. This agreement shall be subject to
and governed by such Development Contract, which is, incorporated
i' herein by reference, and any other applicable ordinances of City,
3, Prior to beginning construction of thq facilities, Dove- 4
leper shall obtain, at Developer's sole cost and expense, all ;
necessary permits, licenses and easements, if easements are
needed, the deeds therefore obtained by Developer qhall be
k reviewed and approved as to form and substance by City prior to l
the beginning of construction. If Developer is unable to acquire
needed easements, Developer shall provide City with any requested
documentation of efforts to obtain such easements, including
oviclonco of nogotiationb and reasonable offers made to the
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effected property owners, Any easements for the facilities
obtained by the Developer shall be assigned to City, if not
taken in City's name, prior to acceptance of the facilities, and
Developer warrants clear title to such easements and will dofend
City against any adverse claim made against such title.
4. The estimated reimbursable cost of the design,
construction and installation of the facilities, as determined
by public bids on tho same or similar projects is estimated to
be as follows.
8" a 479,23 x ,$21.50 x .6 w $6,182,07
6" d 635.77 x 12.50 x .6 r 4,708.28
resulting in a total. roimbursablc. cost of $10,950.35.
5, Within thirty (30) days of the acceptance of the
facilities by the City, Developer shall submit to the City's
Director of Utilities rh actual cost of the facilities. To
determine the actual:cott of the facilities, City shall havo the ;
right to inspect any and all records of Developer, his agents,
employees, contractors or subcontractors and shall have the
right to require Dovelor,er, to submit any necessary information, fi
deCLnents, invoices, recoipts or other records to verify the
actual cost of the faci;,ities. 'rho Director of Utilities shall
review and verify the actual cost of the facilities and certify €
the allowable reimbursable cost and the date facilities were
accepted, which certificate shall be at*_achod hereto slid be
incorporated herein by reference,
6. After title- to the facilities have vested in the City,
the City shall colloct a prorata charge from any person
connecting to the facilities in accordance with the provisions
of Appendix A of the Code of Ordinances of the City. Within
thirty (30) days of the receipt of such prorata charges the City
` shall transfer such amount eollocted to Developer.
7. The City shall transfer to Developper prorata charges col-
lectod for a period of time of twenty (20) years from the date
facilities are accepted by City, as specified heroin, but shall
not transfer or reimburse to the Developer an amount of funds in
excess of the certified cost of the facilities.
s 8. The parties hereto recognize that the facilities subject $
to this Agreement are necessary to provide water service the
Developer's property, Should the City decide that it wishes to
participate in the cost of funding a water main that would
provide greater water capacity then the facilities Developer is
required to install, the Developer and City may enter into a
i
WATBR MAIN PRORATA' HIMDURS13MENT AG131113MliNT Birrim iN T11B CITY Oil 4
DBNTON , NORTH TPXAS SAVINGS f, LOAN ASSOCIATION/PAG13 2
,
1
separate Water Main participation Agreentent to provide for the
sharing of cost of such oversized main. If such agreement is
entered into, the actual oversized water rain to be constructed
shall be governed by such agreement, but the prorata charges to
be collected and transferred to Developer shall be based on the
terms of this agreement, as though the facilities subject to this
t+greemont were installed.
9. The prorata charges to be collected by the City and
trnnsforred to Developer in accordance with the ordinances of the
City and this, agreement is intended to reimburse the Developer
for the Developer's cost of the facilities by requiring persons
connecting to such facilities, and benefiting thereby, to
participate in the cost of such facilities, This agreement shall
l not be considered to impose any obligation or liability upon the
City to pay for such facilities from its general revenues, bond
funds or any other revenues it :iay receive, except for those
prorata funds received from persons connecting to such facilities.
10. Should any court of competent jurisdiction determine that }
all or part of' the City's ordinances on which the prorata charges !
to be paid to developer under this agreement are based are found ;
to be unlawful are invalid, the City may cease to charge or
collect such prorata charges for connection to the facilities and
will have no further obligation hereunder,
' 11. All notices, payments or communications to be given or
made pursuant to this agreement by the parties hereto, shall be
sent to Developer. at the business address given above and to the S
3 Director of Utilities for the City at the addross given above. y
}
12, The Developer shall indemnify and hold the City harmless
from any and all claims, damages, loss or liability of any kind
whatsoever, by reason of injury to propertyy or persons occasioned
by any act or omission,' neglect or wrongdoing of Developor, its
officers, agents, employees, -invitees, contractors or other ;
persons with regard to the performance of this agreement, and y
Developer will, at its own cost and expense, defend and protect.
the City against any and all such claims and demands.
a 13, This instrument embodies the whole agreement' of the
parties hereto and there are no promises, 'terms, conditions or
obligations other than those contained heroin. This agreement ,
shall supercedo all previous communications, representations or
agreements, either verbal or written, between the parties hereto.
14. This agreement shall not be assigned by Developer without
the exvress written consent of City. !
15, Any and all suits for any breach of this agreement, or !
1 any other suit pertaining to or arising out of thiL agreement, !
! i
WATBR MAIN PRORATA RIl1MDURSIMi1NT AGRHEMENT BETWBHN THE CITY Op
DENTON 4 NORTH '1 HAS SAVINGS 4 LOAN ASSOCIA'T'ION/PAGE 3
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shall be brought and maintained in a court of competent juris-
diction in Denton County, Texas.
16. This agreament shall be effective for a period of twenty
(20) years from the date facilities are accepted by City or until
Developer has been paid all aA Kahle reimbursable prorata charges
for the facilities, whichever occurs first; provided, however,
should Developer fail to begin substantial construction of the
facilities within one year from the date of this agreement, this
agreement shall terMinate.
Executed this the day of 1986.
NORTH TUXAS SAVINGS F, LOAN
ASSOCIATION, DEVELOPER
BY F P.
ATTEST:
SECRETARY
4
CITY OF DENTON, TEXAS i
l:. k7y TMH1
ATTEST;
A L r CI SECRETARY
CITY OF DENTON,'TEXAS ti
APPROVED AS TO LEGAL NORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1
+t CITY ON D3NTON, rEXA5
a
DY
WATER MA'M PRORATA REIMBURSEMENT AGAIJEMUT DIi'rWIIBN 'flits CITY OF
t DENTON P, NORT11 TEXAS SAVINGS 4 LOAN ASSOCIATION/PAGE A
S 1
' E i
HANNA ESTATES Phase IV ~
I
EXHIBIT 1
PRO-RATA WATER MAINS`
_J }l SITE ,
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La6ATI0N MAP
1 e " E DIVALENT PRO-RATA WATER MARY i 8' EQUIVALENT PRO-RATA }HATER MAIN
lll~ A
+ l 491 23 Ltl~.) x~~f(G~i5.7
oil 0
dIr 00
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MANNA ESTATES Phase IV
EXHIBIT 2
r I t L 0 NOTES
PRO-RATA WATER MAINS A,1 that certain tract or parcel of lend ultuated in the J, Carter
Survey, Abstract Number 274, Denton County, taxasl said tract also
being rk, it of a tract shows by deed to North Texas Savings A i.oan
gsaotintion, a Texas Corporation, as recorded in Volume 130), Post
703, of the Dood Recort'o, Denton County, texas, and being Wore fully
described no follows:
Beginning for the northeast comer of the tract being described
hereini sold point also being In the south tight-of-way 11nu of Kings
Row, and also being the northeast corner of said North Texas Savings A
Loan tract, and the northwest corner of a tract shown by deed to the
City of Denton ng recorded in Volute 512, Page 27 of the Denton County
Deed Recordal
~Tbente South 02 degrees 04 minutes 44 second& West, along the. east
line of sold North Texas Savings A Loan tract, and the vast line. of
j said City of Denton tract, a distance of 250,25 feat to a point for
corner; said point also being the southwest corner of said City of
1 Denton tract, and the norhhwest corner of Kingston Trace, Aloe A.
'j Section three an recorded In Volute 9, Page 70 of the Denton County
- Plat Recordal
i
Thence South 00 degrees 53 minutes 34 seconds West, along the east
tine of said North Texas Savings A loan tract, aad the vast line of
said Kingston Trace, a distance of 235,21 feet to a point for cornarl
said point.. also being the touthweot corner of said Kingston. Trace,
Section Three, and the northwest corner of Kingston Trace, Section (him
I' as recorded in Cabinet A, Slide 154 of the Denton County Plat Records,
Thence 9outL 03 degrees 44 minutes AB seconds Went, Along the teat
line of said North Texns Savings A Loon tract, and the vast line of }~t said Kingston Tract, Section One, a distance of 226,00 feet to a potnt
for the southeast corner of the herein deetribad trsttt avid point
i also being the northern southeant corner of henna Estates Phase Throe
.r 0a recorded in C.nbinet F, Slide 9445 of the bwon County Vlat
Recordst said point also boing`a point o,1 "curve of a 'angent curve to
the right haying a radius of 23,62 feet, a central angle of 72 degrees Y
31 minuteo 55 seconds, and o chord bearing and distance of North 60
degrees 52 mtnutas 02 seconds Weet, 27.94 feet,
Thence in a northwesterly direction, along the northeastern line of
said Hannah Estates, an arc length at 29,90 feet to the point of
tangency of said turvel ;
Thence North 24 degrees 36 einutes 04 serands West along the #jJ
northeastern line of said Manna Estates, a distance of 335,65 feet to
I a point of curvature of a tangent curve to the left having a radius of ;
240,00 feet, a central angle of 53 degrees 09 minutes 56 seconds, nd }
a chord bearing dnd distance of North 51 degrees 11 minutes 02 secoands
West, 214,80 teott
Thence in a northwasterly direction Along the northeastern Tine of
said Noma terstes, an arc length of 222.70 feet to the point of
tangency of said aurvel
Tti Thence North 17 degrees 46 ,sinuteo Oil seconds West, continuing along
the northern title of sold Henna estates, a distance Of 101.87 (eat to
a point a( curvature of a tangent curve to the right having a radios
of 135.00 teal, a central aag)$ of 80, degrees 00 einutes 00 seconds,
and a chord bearing and dletanco of North 37 degrees 46 minutes W
j eecoede Vast, 177,55 test;
f( Thence in a northwesterly direction, along the northern line of said
i Henna Estates, an are length of 188,50 feet to the point of tangency
of said curvet
Ce -
Thence' North 02 dogreon 14 minutes. 00 seconds East, along the earl
lint of sold Ifnnno Estates, a distance of 69.82 foot to a point for
the northwest corner of the horeln described tractl said point al,,o
being in the mouth right.-of-way line a( Said Kings Rdwl
Thence South 81 degrees 54 einutes 29 seconds Eaat, along tho south
Iinltrof-way line of amid Kings Row, a distance of 916,34 last to the
o point of Beginning And containing 6,026 acme of land.
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