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HomeMy WebLinkAboutAESA24-0002bORDINANCE NO. AESA24-OO02b AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ECOLOGICAL MITIGATION PLAN FOR THE DISTURBANCE OF APPROXIMATELY 29.9 ACRES OF ENVIRONMENTALLY SENSITIVE AREAS GENERALLY LOCATED NORTH OF JOHNSON LANE, SOUTH OF ALLRED ROAD AND 2,325 FEET EAST OF JOHN PAINE ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ENVIRONMENTALLY SENSITIVE AREAS MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (AESA24-OO02B) WHEREAS, the property owner Alan Hughes, (“Owner”), seeks to develop approximately 93.3 acres of land depicted in Exhibit “A” and attached hereto and incorporated herein by reference (the “Property”); and WHEREAS, in order to develop the Property, the Owner proposes to remove two areas of Undeveloped Floodplain ESA totaling 29.9 acres within the Development Impact Area, on two tracts described in and depicted on the maps provided on Exhibit “B” attached hereto and incorporated herein by reference and as defined in the Denton Development Code (“Undeveloped Floodplain”), from the Property; and WHEREAS, Owner has applied for an Alternative Environmentally Sensitive Area Plan pursuant to Chapter 2.8.4 of the Denton Development Code, (hereafter, the “Ecological Mitigation Plan”) to restore and uplift the ecological functions offered by the remaining Undeveloped Floodplain ESA totaling 11.1 acres on three tracts described and depicted the map provided as Exhibit “C” attached hereto and incorporated by reference; and WHEREAS, the purpose of the Alternative ESA Plan, attached hereto as Exhibit “D,” and incorporated herein by reference, is to detail the mitigation activities and maintenance obligations Owner has agreed to in order to facilitate removal of the Undeveloped Floodplain ESA by development of the Property; and WHEREAS, on October 9, 2024, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave requisite notices by publication and otherwise, afforded full and fair hearings to property owners and interested citizens, and recommended approval with conditions (5 – 0) of the Ecological Mitigation Plan; and WHEREAS, on October 22, 2024, the City Council likewise conducted a public hearing as required by law and finds that the request satisfies all substantive and procedural standards set forth in Section 2.8.4.D. of the Denton Development Code, and is consistent with the Denton Plan; and WHEREAS, the City Council of the City of Denton, in considering the application for an Ecological Mitigation Plan for the Property, have determined that the proposed use for the Property and adoption of the Ecological Mitigation Plan is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said Alternative ESA Plan is in the public interest and should be granted as set forth herein with respect to the Property; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The Alternative ESA Plan mitigates the impact of development of the Property and is hereby approved with the following conditions: 1. 2. 3. Land disturbances within Environmentally Sensitive Areas are limited to the Development Impact Area, on two tracts described and depicted on the maps provided on Exhibit “B”. Grading for the Ecological Mitigation Plan, on three tracts described and depicted on the maps provided on Exhibit “C” shall immediately commence upon permission from the City to clear and grade land for the development. All improvements described in Exhibit “D” shall commence prior to requesting Final Acceptance, or, upon written approval by the Environmental Services Director at a date of earliest weather-dependent availability, but prior to the issuance of the first building permit in the development. A minimum of two (2) educational signs shall be installed in a visible location. The signs shall be installed prior to the issuance of the first building permit in the development. Vegetation established as a part of the approved revegetation plan are to be seeded and maintained across three tracts totaling an 11.1-acre area by the Property Owner/developer for a period of three (3) years following installation. Any plants that are removed, destroyed, or die within that three (3) year period are required to be replaced by the Property Owner/developer to achieve a minimum 80% land cover rate. Following the installation and inspection of the revegetation, the Property Owner shall submit an annual report to the Environmental Services Director during the first three (3) years describing the cumulative mitigation work performed and the survivability of the plantings for staff review and inspection. Within 30 days of approval of the report by staff, the Property Owner shall replace any plants that were identified in the report as removed, destroyed, or dead. Upon receipt of the third annual report City of Denton staff will perform an inspection and, upon confirmation the conditions of this plan have been met, issue a letter of acceptance. A project component not having received a letter of acceptance will continue to be monitored and repaired until the conditions of the plan have been met. The Property Owner retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the AESA Property, and the responsibility to implement and enforce the requirements of the Ecological Mitigation Plan and cure any defaults of the Ecological Mitigation Plan. 4. 5. 6. 7. 8. SECTION 3. The City’s official ESA map is hereby amended to show the change in the Undeveloped Floodplain ESA. Page 2 of 4 SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership, or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinance was made by Brandon Chase McGee and seconded by Brian Beck, the ordinance was passed and approved by the following vote [--1 Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X X X Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 22nd day of October, 2024. GERARD HUDSPETH, MAYOR Page 3 of 4 ATTEST: LAUREN THODEN, CITY SECRETARY B Y : APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY Page 4 of 4 Exhibit "A" Exhibit A Legal Description BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-49231 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found in an asphalt road, known as Allred Road, an apparent public road, no record found, for the northerly, northeast corner of said 92.382-acre tract and the northwest corner of a called 34.973-acre tract of land, described in a deed to Angela Dominguez and Michael Barber, as recorded in Volume 4357, Page 0240 of the Official Records of Denton County, Texas; THENCE South 00'’14’29" East, departing said Allred Road, along an easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, a distance of 1,222.30 feet to a point for corner; THENCE South 89'’34' ll " West, departing the easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, crossing said 92.382-acre tract, a distance of 992.59 feet to a point for corner on the westerly line of said 92.382-acre tract; THENCE North 00'’25'49'’ West, along the westerly line of said 92.382-acre tract a distance of 1,225.61 feet to the northwest corner of said 92.382-acre tract, ad being in aforesaid Allred Road; THENCE North 89'’45’38" East, along the northerly line of said 92.382-acre tract and generally along said Allred Road, a distance of 996.63 feet to the POINT OF BEGINNING and containing 27.95 acres of land, more or less. Page 4 of 7 Exhibit "A" Exhibit B Legal Description BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-49231 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found in an asphalt road, known as Allred Road, an apparent public road, no record found, for the northerly, northeast corner of said 92.382-acre tract and the northwest corner of a called 34.973-acre tract of land, described in a deed to Angela Dominguez and Michael Barber, as recorded in Volume 4357, Page 0240 of the Official Records of Denton County, Texas; THENCE South 00'’14'29" East, departing said Allred Road, along an easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, a distance of 1,222.30 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 00'’14'29" East, continuing along an easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, a distance of 125.00 feet to a point for corner; THENCE South 89'’39’36" East, along a northerly line of said 92.382-acre tract and the southerly line of said 34.973-acre tract, a distance of 1 ,124.28 feet to a 3-inch metal fence corner post found for the southeast corner of said 34.973-acre tract and the easterly, northeast corner of said 92.382-acre tract, same being the southwest corner of a called 3.002-acre tract of land described in a deed to Angela Dominguez and Michael Barber, as recorded in Instrument No. 2020-155538 of the Official Records of Denton County, Texas, same also being the northwest corner of Lot 1, Block X of Sagebrook Phase 1, an addition to the City of Denton, according to the plat, recorded in Document No. 2021-429 of the Plat Records of Denton County, Texas; THENCE South 00'’ 14’21 " East, along the easterly line of said 92.382-acre tract and the westerly line of said Lot 1, Block X, a distance of 597.84 feet to a 6-inch metal fence corner post found for the southwest corner of said Lot 1, same being on the northerly line of a called 13.64-acre tract of land described in a deed to Angela Dominguez and Michael Barber, as recorded in Instrument No. 2003-208519 of the Official Records of Denton County, Texas; THENCE South 88'’46'23" West, continuing along the easterly line of said 92.382-acre tract and along the northerly line of said 13.64-acre tract, a distance of 17.93 feet to the northwest corner of said 13.64-acre tract; THENCE South 00'’02'52" East, continuing along the easterly line of said 92.382-acre tract and along the westerly line of said 13.64-acre tract, a distance of 694.79 feet to the southeast corner of said 92.382-acre tract and the southwest corner of said 13.64-acre tract, same being in Johnson Lane, an apparent public road, no record found; THENCE North 89'’55'16" West, along the southerly line of said 92.382-acre tract and generally along said Johnson Lane, a distance of 2,091 .88 feet to the southwest corner of said 92.382-acre tract; THENCE North 00'’25’49" West, departing said Johnson Lane and along the westerly line of said 92.382- acre tract, a distance of 1 ,414.39 feet to a point for corner; Page 5 of 7 Exhibit "A" THENCE North 89'’34' ll " East, departing the westerly line of said 92.382-acre tract, crossing said 92.382- acre tract, a distance of 992.59 feet to the POINT OF BEGINNING and containing 65.39 acres of land, more or less. Page 6 of 7 Exhibit '’A" Exhibit C Zoning Map :iil-=WWI . k 1[PII11:1R!!K+$ Page 7 of 7 Exhibit "B" BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-49231 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found in an asphalt road, known as Allred Road, an apparent public road, no record found, for the northerly, northeast corner of said 92.382-acre tract and the northwest corner of a called 34.973-acre tract of land, described in a deed to Angela Dominguez and Michael Barber, as recorded in Volume 4357, Page 0240 of the Official Records of Denton County, Texas; THENCE South OO'14'29" East, departing said Allred Road, along an easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, a distance of 372.14 feet to a point for corner; THENCE North 83'17'45" West, departing the easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, crossing said 92.382-acre tract, a distance of 23.97 feet to a point for corner; THENCE continuing across said 92.382-acre tract, the following South 85'42'35" West, a distance of 101.68 feet to a point for corner; South 60'’48'07" West, a distance of 209.91 feet to a point for corner; North 71'34'48" West, a distance of 77.02 feet to a point for corner; North 58'51'01" West, a distance of 347.21 feet to a point for corner; North 44'34'01" West, a distance of 39.47 feet to a point for corner; North 04'46’04" East, a distance of 33.91 feet to a point for corner; North 17'22'59" East, a distance of 69.83 feet to a point for corner; North 22'24'19" East, a distance of 156.03 feet to a point for corner in aforesaid Allred Road, same being on the northerly line of said 92.382-acre tract; THENCE North 89'45'38" East, along the northerly line of said 92.382-acre tract and generally along said Allred Road, a distance of 621.65 feet to the POINT OF BEGINNING and containing 6.085 acres (265,063 square feet) of land, more or less. DEVELOPMENT IMPACT AREA TRACT 1 6.085 ACRES B.B.B. & C. RR. CO. SURVEY ABSTRACT NO. 159 DEINTON COUNTY, TEXASMICHAEL B. MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 mi Cd lrn.corrl 5181 S' 'k t8;! ! ! i ::={}}:Tel. No. Fax No.10193822 HI aBU BIEUIH©LTTIE8HHMN/A 1 MBM I KHA 1 Oct. 2024 1 069264946 1 1 OF 3 H]3ZEgnIHmE=BMW+ TR 1.DWG Exhibit '’B" be0KGE : :R;y£oF\ a 4 A T Ryr\ c T 2 ( c A L L E R : 1 7 a 3 1 5 A c R E s ) INST. NO. 2021-229059 0.R.D.C.T.B nB B1ieIS{ S(b;11:l 1b\1\ IC) n ALLRED ROAD P.0.B 1/2" IRF DEVELOPMENT IMPACT AREA TRACT 1 6.085 ACRES 265,063 SQ. FT. Eg !!: g –' ann C/) LLInc C) <a)ba) bIa)a LUJJ <C) aZ <NLLID(9Z E0a --1 LU(9Z < < I I E> 1' cS nft 0 CALLED 92.382 ACRES DENTEX LAND, CATrLE AND ENERGY, LP INST. NO. 2005-49231 O.R.D.C.T. B nB %t?IiS& Ib\11:0 • ,Y 0 200100 GRAPHIC SCALE IN FEET I 3" METAL FENCE COR. POST FND NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983 DEVELOPMENT IMPACT AREA TRACT 1 6.085 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com LEGEND DEINTON COUNTY, TEXAS P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND 0.R.D.C.T. = OFFICIAL RECORDS OF DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORDS. DENTON COUNTY. TEXAS MaTH–Fil 1" = 200' 1 MBM I KHA 1 Oct. 2024 1 069264946 Sheet No 2 OF 3 Exhibit "B" LINE TABLE T:-BEARING SOO'14'29"E N83'17'45"W S85'42'35"W 101 .68 S60'48'07"W 209.91 N71'34'48"W 77,02 I L 6 1 N 5 8 a 5 1 1 o 1 1 1 w 1 3 4 7 a 2 1 N44'34'Of"W 39.47' N04'46'04"E 33.91 N17'22'59'’E 69.83'F 156.03'[a DEVELOPMENT IMPACT AREA TRACT 1 6.085 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 m i c h a1 e 1 • m 81 ExL I(@ k i m 1 1e y = h 1o nI • c c) m IS in 1 W£• lanl ==Sheet No 3 OF 3 Exhibit "B" BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-49231 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3-in metal fence corner post found for the easterly northeast corner of said 92.382-acre tract, common to the southeast corner of a called 34.973-acre tract of land described in a deed to Angela Dominguez and Michael Barber, recorded in Volume 4357, Page 240 of the Official Records of Denton County, Texas, same being the southwest corner of a called 3.002-acre tract of land described in a deed to Angela Dominguez and Michael Barber, recorded in Instrument No. 2020-155538 of the Official Records of Denton County, Texas same also being the northwest corner of Lot 1, Block X of Sagebrook Phase 1, an addition to the City of Denton, according to the plat, recorded in Document No. 2021 429 of the Plat Records of Denton County, Texas THENCE South 00'14'21" East, along the easterly line of said 92.382-acre tract and the westerly line of said Lot 1, Block X, a distance of 597.84 feet to a 6-inch metal fence corner post found for the southwest corner of said Lot 1, same being on the northerly line of a called 13.64-acre tract of land described in a deed to Angela Dominguez and Michael Barber, as recorded in Instrument No. 2003-208519 of the Official Records of Denton County, Texas; THENCE South 88'46'23" West, continuing along the easterly line of said 92.382-acre tract and along the northerly line of said 13.64-acre tract, a distance of 17.93 feet to a 5/8 inch iron rod with plastic cap stamped “KHA" set for the northwest corner of said 13.64-acre tract; THENCE South 00'02'52" East, continuing along the easterly line of said 92.382-acre tract and along the westerly line of said 13.64-acre tract, a distance of 349.33 feet to a point for corner; THENCE North 48'’07'50" West, departing the easterly line of said 92.382-acre tract and the westerly line of said 13.64-acre tract, crossing said 92.382-acre tract, a distance of 31.55 feet to a point for corner; THENCE continuing across said 92.392-acre tract, the following North 32'’55'23" West, a distance of 240.32 feet to a point for corner; North 76'13'46" West, a distance of 30.92 feet to a point for corner; North 86'44'27" West, a distance of 91.31 feet to a point for corner; South 81'’31'23" West, a distance of 14.39 feet to a point for corner; South 73'’59'38" West, a distance of 1 2.88 feet to a point for corner; South 80'09'25" West, a distance of 21.35 feet to a point for corner; North 88'50'23" West, a distance of 1 8.65 feet to a point for corner; North 73'39'47" West, a distance of 41.61 feet to a point for corner; North 82'’53'44" West, a distance of 21.14 feet to a point for corner; DEVELOPMENT IMPACT AREA TRACT 2 24.293 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY.. SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com 1 Scale I Drawn bv I Checked bv 1 Date I Proiect No. 1 Sheet No. 1 N/A Drawn by MBM Checked by KHA Date Oct. 2024 Project No. 1 Sheet No 069264946 1 1 OF7 Exhibit "B" South 88'25'29" West, a distance of 27.50 feet to a point for corner; South 82'41'04" West, a distance of 45.52 feet to a point for corner; South 74'14'37" West, a distance of 39.44 feet to a point for corner; South 65'10'46" West, a distance of 69.57 feet to a point for corner; South 88'06'13" West, a distance of 44.38 feet to a point for corner; North 78'23'28" West, a distance of 1 2.70 feet to a point for corner; South 85'24'56" West, a distance of 35.52 feet to a point for corner; South 49'C)4'55" West, a distance of 42.31 feet to a point for corner; South 37'07'20" West. a distance of 25.46 feet to a point for corner; South 21'36'24" West, a distance of 25.52 feet to a point for corner; South 54'26'27" West, a distance of 21.31 feet to a point for corner; South 73'10'27" West, a distance of 44.78 feet to a point for corner; South 46'49'51" West, a distance of 39.94 feet to a point for corner; South 25'49'42" West, a distance of 33.31 feet to a point for corner; South 33'40'06" West, a distance of 88,97 feet to a point for corner; South 56'34'10" West, a distance of 17.16 feet to a point for corner; South 84'20'10" West, a distance of 91.25 feet to a point for corner; South 63'40'47" West, a distance of 30.78 feet to a point for corner; South 52'33'38" West, a distance of 81.66 feet to a point for corner; South 68'43'09" West, a distance of 33.25 feet to a point for corner; South 15'14'59" West, a distance of 17.93 feet to a point for corner; South 27'02'47" West, a distance of 28.56 feet to a point for corner; South 85'50'38" West, a distance of 7.09 feet to a point for corner; South 55'40'15" West, a distance of 26.51 feet to a point for corner; DEVELOPMENT IMPACT AREA TRACT 2 24.293 ACRES B.B.B. & C. RR. CO. SURVEY. ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY.. SUITE 210 FRISCO, TEXAS 75034 ;T::Ph9Jel Aba: : :: g:i : 1 e y w h o r n + c o rn n=+Ten MARX, MICHAEL 10/1/2024 2:28 PM K:\FRI SURVEY\063246303-DENTEX SITE - DENTON\DWG\069264946 DEV IMP AREA TR 1.DWG BBnEHs 069264946 1 2 OF 7 Exhibit "B" South 64'24'45" West, a distance of 58.17 feet to a point for corner; South 72'40'01" West, a distance of 1 3.85 feet to a point for corner; South 61'52'38" West, a distance of 33.44 feet to a point for corner; South 44'44'48" West, a distance of 69.91 feet to a point for corner; South 77'06'31" West, a distance of 40.24 feet to a point for corner; South 88'54'27" West, a distance of 35.83 feet to a point for corner; North 64'00'19" West, a distance of 18.85 feet to a point for corner; North 51'20'11" West, a distance of 24.92 feet to a point for corner; North 67'35'04" West, a distance of 15.32 feet to a point for corner; North 81'48'17" West, a distance of 14.57 feet to a point for corner; North 65'33'33" West, a distance of 52.56 feet to a point for corner; North 75'23'18" West, a distance of 23.44 feet to a point for corner; North 83'15'34" West, a distance of 57.21 feet to a point for corner; North 78'08'04" West, a distance of 40.69 feet to a point for corner; North 74'17'14" West, a distance of 41.00 feet to a point for corner; North 57'59'30" West, a distance of 23.89 feet to a point for corner; North 46'12'36" West, a distance of 16.78 feet to a point for corner; North 35'02'44" West, a distance of 12.69 feet to a point for corner; North 00'03'32" West, a distance of 16.08 feet to a point for corner; North 27'25'26" West, a distance of 1 8.19 feet to a point for corner; North 51'21'52" West, a distance of 45.39 feet to a point for corner; North 80'23'15" West, a distance of 64.04 feet to a point for corner; South 88'11'26" West, a distance of 33.27 feet to a point for corner; South 67'57'00" West, a distance of 74.80 feet to a point for corner; DEVELOPMENT IMPACT AREA TRACT 2 24.293 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY.. SUITE 210 FRISCO, TEXAS 75034 ;IT:hTef= =:: g:i:n 1 e y = h o r n H c o 1m [FTWTTU MARX, MICHAEL 10/1/2024 2:28 PM K:\FRI SURVEY\063246303-DENTEX SITE - DENTON\DWG\069264946 DEV IMP AREA TR 1.DWG mamn–FsTmH 069264946 1 30F7 Exhibit "B" South 87'03'30" West, a distance of 36.89 feet to a point for corner; North 76'34'23" West, a distance of 24.46 feet to a point for corner; South 85'27'37" West, a distance of 31.89 feet to a point for corner; South 57'41'22" West, a distance of 46.83 feet to a point for corner; South 89'56'20" West, a distance of 67.14 feet to a point for corner on the westerly line of said 92.382-acre tract: THENCE North 00'25'49" West, along the westerly line of said 92.382-acre tract, a distance of 1 13.16 feet to a point for corner; THENCE North 66'42'01" East, departing the westerly line of said 92.382-acre tract and crossing said 62.382-acre tract, a distance of 13.12 feet to a point for corner; THENCE continuing across said 92.392-acre tract, the following North 37'08'26" East, a distance of 19.61 feet to a point for corner; North 13'12'07" East, a distance of 75.78 feet to a point for corner; North 46'20'03" East, a distance of 23.96 feet to a point for corner; North 56'54'41" East, a distance of 20.46 feet to a point for corner; North 73'12'06" East, a distance of 67.57 feet to a point for corner; North 75'57'07" East, a distance of 1 12.91 feet to a point for corner; North 84'57'23" East, a distance of 15.01 feet to a point for corner; North 71'44'57" East, a distance of 35.55 feet to a point for corner; North 68'29'20" East, a distance of 69.97 feet to a point for corner; North 74'10'21" East, a distance of 25.01 feet to a point for corner; North 89'55'59" East, a distance of 28.46 feet to a point for corner; South 82'29'07" East, a distance of 34.39 feet to a point for corner; South 80'08'18" East, a distance of 101.98 feet to a point for corner; South 85'35'16" East, a distance of 61.73 feet to a point for corner; South 88'36'20" East, a distance of 88.69 feet to a point for corner; South 75'19'20" East, a distance of 1 00.38 feet to a point for corner;DEVELOPMENT IMPACT AREA TRACT 2 24.293 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL h/IARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 ;TcP; hgJet :p= : :: 2ii:n I e y = h o r n H c o m BTwTrU t A 069264946 1 40F 7 Exhibit "B" South 87'30'02" East, a distance of 1 12.83 feet to a point for corner; North 33'’06'52" East, a distance of 58.09 feet to a point for corner; North 09'59'10" East, a distance of 59.95 feet to a point for corner; North 36'40'48" West, a distance of 29.31 feet to a point for corner; North 52'04'11" West, a distance of 34.69 feet to a point for corner; North 03'’05'48" West, a distance of 40.52 feet to a point for corner; North 44'’36'21'' East, a distance of 39.96 feet to a point for corner; North 65'23'43" East, a distance of 81.39 feet to a point for corner; North 44'’35'41" East, a distance of 43.01 feet to a point for corner; North 64'20'33" East, a distance of 19.81 feet to a point for corner; North 30'05'24" East, a distance of 45.20 feet to a point for corner; North 03'’26'43" East, a distance of 45.71 feet to a point for corner; North 29'’52'02" East, a distance of 24.13 feet to a point for corner; North 55'’31'15" East, a distance of 78.57 feet to a point for corner; North 09'00'05" East, a distance of 48.33 feet to a point for corner; North 40'57'33" East, a distance of 1 19.02 feet to a point for corner; South 86'’32'29" East, a distance of 291.73 feet to a point for corner; South 69'’42'39" East, a distance of 1 02.82 feet to a point for corner; North 14'33'21" West, a distance of 120.60 feet to a point for corner; North 42'16'41" West. a distance of 135.70 feet to a point for corner; North 09'’51'35" East, a distance of 91.80 feet to a point for corner on a northerly line of said 92.382-acre tract, same being on the southerly line of aforesaid 34.973-acre tract; THENCE South 89'39'36" East, along a northerly line of said 92.382-acre tract and the southerly line of said 34.973-acre tract, a distance of 583.46 feet to the POINT OF BEGINNING and containing 24.292 acres (1,058,172 square feet) of land, more or less DEVELOPMENT IMPACT AREA TRACT 2 24.293 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO. TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com B 6160 Warren Frisco, Texas 75034 t3;{\ ! 11::3};B Tel. 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Z - LUa t-Z LU Ea0J LU> LUa < LUa< F- C)<aE== al 1-O $1- U) LUa C)< (\Ialal \I-nI 1- LL aa) albr ed U)a 'r C)V -1 .bZ rD 1' Oa nc0 0 00--1 9?! J = $ L() oo!ILO.Jgg buIB h Eg)z Ijg § LUb- 7) X LUF-Z LUa g COVB8 ;g OCD C/) fc LL bC Ea 6\i tRIQ a LLI I C) S >< ac <2 ___1 <( C/) LUb0Z a)b --1 0 10--1 CrS00 ii i --1 ai an 00N-1 (C)NJ C\I CO-J (C) COJ Cr) 10--1 C) C/)0( 191 LO sr Cr)(\J I'o'a'u'o 6906ZZ-LZOZ -ON 'ISNI 11 V r dI 'ooze UH I-–Il– 'l-o'a'u'd 'Z9L-ZZOZ 'ON ': (sruov Sb£'ZbZ a3rrvo) Z IOVUI HIUON S3>lVI AUINrlcsr 8V9 3SVHd 00 a)P CNr Exhibit "B" LINE TABLE LINE TABLE LINE TABLE LINE TABLE NO L1 L2 L3 L4 L5 L6 L7 L8 L9 L1 O L1 1 L1 2 L1 3 L14 L1 5 BEARING SOO' 1 4'21"E S88'46'23"W SOO'02'52"E N48'07'50"W N32'55'23"W N76'13'46"W N86'44'27'W S81'31'23"W S73'59'38"W S80'09'25"W N88'50'23"W N73'39'47"W N82'53'44"W S88'25'29"W S82'41'04"W LENGTH 597.84' 17.93' 349.33' 31.55' 240.32' 30.92' 91.31' 14.39' 12.88' 21.35' 18.65' 41.61 21.14' 27.50' 45.52' NO. L1 6 L1 7 L1 8 L1 9 L20 L2 1 L22 L23 L24 L25 L26 L27 L28 L29 L30 BEARING S74'14'37"W S65'10'46"W S88'06'13"W N78'23'28'W S85'24'56'’W S49'04'55"W S37'07'20"W S21 '36'24"W S54'26’27’'W S73'10'27"W S46'49'51"W S25'49'42"W S33'40'06'W S56'34'10"W S84'20'10"W LENGTH 39.44' 69.57' 44.38' 12.70' 35.52' 42.31 ' 25.46' 25.52' 21.31' 44.78' 39.94' 33.31 ' 88.97' 17.16' 91.25' NO. L3 1 L32 L33 L34 L35 L36 L37 L38 L39 L40 L4 1 L42 L43 L44 L45 BEARING S63'40'47"W S52'33'38"W S68'43'09"W S15'14'59"W S27'02'47"W S85'50'38"W S55'40'15"W S64'24'45"W S72'40'Of"W S61'52'38"W S44'44'48"W S77'06'31"W S88'54'27"W N64'OO'19"W N51'20'11"W LENGTH 30.78' 81.66' 33.25' 17.93' 28.56' 7.09' 26.51 ' 58.17' 13.85' 33.44' 69.91 ' 40.24' 35.83' 18.85' 24.92' NO. L46 L47 I L48 1 I L49 1 N75'23'18„w 1 23.44' L50 L5 1 L52 I L53 1 N57'59'30"W 1 23.89' I L54 1 N46'12'36"W 1 16.78' L55 I L56 1 L57 L58 I L59 1 N80'23'15"W 1 64_04' L60 BEARING N67'35'04"W N81 '48'17"W N65'33'33'’W N75'23'18"W N83' 1 5'34'W I N78'08'04"W 1 40.69' I N74'’17'14„W 1 41_oo' N57'59’30'W N46' 1 2'36"W N35'02'44"W NOO'03'32"W N27'25'26"W N51 '21'52"W N80'23' 1 5"W S88'11'26"W LENGTH 15.32' 14.57' 52.56' 23.44' 57.21 ' 40.69' 41.OO' 23.89' 16.78' 12.69' 16.08' 18.19' 45.39' 64.04' 33.27' LINE TABLE LINE TABLE LINE TABLE LINE TABLE NO. L61 L62 L63 L64 L65 L66 L67 L68 L69 L70 L71 L72 L73 L74 L75 BEARING S67'57'OO"W S87'03'30"W N76'34'23"W S85'27'37"W S57'41'22"W S89'56'20"W NOO'25'49"W N66'42'Of"E N37'08'26"E N13'12'07"E N46'20'03"E N56'54'41"E N73'12'06"E N75'57'07"E N84'57'23"E LENGTH 74.80' 36.89' 24.46' 31.89' 46.83' 67. 14' 113.16' 13.12' 19.61 ' 75.78' 23.96' 20.46' 67,57' 112.91' 15.01 ' NO. L76 L77 L78 L79 L80 L8 1 L82 L83 L84 L85 L86 L87 L88 L89 L90 BEARING N71'44'57"E N68'29'20"E N74'10'21"E N89'55'59"E S82'29'07"E S80'08'18"E S85'35'16"E S88'36'20"E S75'19'20"E S87'30'02"E N33'06'52"E N09'59'10"E N36'40'48"W N52'04'11"W N03'05'48'’W LENGTH 35.55' 69.97' 25.01 ' 28.46' 34.39' IOI.98' 61.73' 88.69' IOO.38' 112.83' 58.09' 59.95' 29.31 ' 34.69' 40.52' NO. L9 1 L92 L93 L94 L95 L96 L97 L98 L99 L1 OO L1 01 L1 02 L1 03 L1 04 L1 05 BEARING N44'36'21"E N65'23'43"E N44'35'41"E N64'20'33"E N30'05'24"E N03'26'43"E N29'52'02"E N55'31'15"E N09'OO'05"E N40'57'33"E S86'32'29"E S69'42'39"E N14'33'21"W N42'16'41"W N09'51'35"E LENGTH 39.96' 81.39' 43.01 ' 19.81' 45.20' 45.71 ' 24.13' 78.57' 48.33' 119.02' 291 .73' I02.82' 120.60' 135.70' 91.80' NO. 1 BEARING I LENGTH LI06 1 S89'39'36"E 1 583.46' DEVELOPMENT IMPACT AREA TRACT 2 24.293 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON couNr,,. TEXAS [@•TI–m*-' 1 1"=300' 1 MBM KHA BFRI Oct. 2024 EuiI I.IIt, M 069264946 1 70F7 Exhibit "C" BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-49231 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set for the southwest corner of said 93.382-acre tract, same being in Johnson Lane, an apparent public use right of way, no record found; THENCE North 00'25'49" West, departing said Johnson Lane, along the west line of said 93.382-acre tract, a distance of 228.18 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 00'25'49" West, continuing along the west line of said 93.382-acre tract, a distance of 256.48 feet to a point for corner; THENCE departing the west line of said 93.382-acre tract and crossing said 93.382-acre tract, the following: North 89'34’11" East, a distance of 29.12 feet to a point for corner; South 53'27'05'’ East, a distance of 1 01.64 feet to a point for corner; South 76'19'47" East, a distance of 49.09 feet to a point for corner; South 87'50'14" East, a distance of 80.24 feet to a point for corner; North 88'24'20" East, a distance of 213.09 feet to a point for corner; North 84'08’54" East, a distance of 60.35 feet to a point for corner; North 79'39'15" East, a distance of 56.78 feet to the beginning of a non-tangent curve to the right with a radius of 762.50 feet, a central angle of 05'01'46", and a chord bearing and distance of South 02'05'53" East, 66.91 feet In a southerly direction, with said non-tangent curve to the right, an arc distance of 66.93 feet to a point for corner South 00'25'00" West, a distance of 95.38 feet to a point for corner; South 45'03'05" West, a distance of 6.02 feet to a point for corner; ESA IMPROVEMENT AREA TRACT 1 2.016 ACRES BBB. & C. RR. CO. SURVEY ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.corn 6160 Warren Frisco, Texas 75034 TF1i! L R : •F tB;i ! i g !i ? ?8FIRM # 10193822 s b kb aN/A 1 MBM I KHA 1 Sep. 2024 1 069264946 1 1 OF 4 DENTON\DWG\069264946 ESA TRACT 1.DWG Exhibit "C" South 89'41’11" West, a distance of 54.89 feet to the beginning of a tangent curve to the left with a radius of 637.50 feet, a central angle of 03'10'43", and a chord bearing and distance of South 88'05'49" West, 35.36 feet In a westerly direction, with said tangent curve to the left, an arc distance of 35.37 feet to a point for corner; South 86'30’27" West, a distance of 147.05 feet to the beginning of a tangent curve to the right with a radius of 562.50 feet, a central angle of 05'23'34", and a chord bearing and distance of South 89'12'15" West, 52.93 feet In a westerly direction, with said tangent curve to the right, an arc distance of 52.94 feet to the beginning of a compound curve to the right with a radius of 9.00 feet, a central angle of 85'19'34", and a chord bearing and distance of North 45'26'11" West, 12.20 feet; In a westerly direction, with said compound curve to the right, an arc distance of 13.40 feet to the beginning of a reverse curve to the left with a radius of 72.50 feet, a central angle of 182'01'48'’, and a chord bearing and distance of South 86'12'42" West, 144.98 feet; In a westerly direction, with said reverse curve to the left, an arc distance of 230.33 feet to a point for corner; South 77'16'07" West, a distance of 1 13.72 feet to a point for corner; South 89'34'11" West, a distance of 8.92 feet to the POINT OF BEGINNING and containing 2.016 acres (87,799 square feet) of land, more or less. ESA IMPROVEMENT AREA TRACT 1 2.016 ACRES BBB. & C. RR. CO. SURVEY ABSTRACT NO. 159 DEINTON COUNTY, TEXASMICHAEL B. MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO. TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com 5181 IfEss s '8'k wu•m•–-FTn®N/A 1 MBM I KHA 1 Sep. 2024 1 CB9264946 1 2 OF 4 Exhibit "C" ALLRED ROAD d/ B HB ahU:lil 1ib\\ (IIq1HH) • \ SO'25'49"E 2640.OO' L2 14 L5 L6 L7 Lq ESA IMPROVEMENT AREA TRACT 1 r C) D };i hI At:d gg h- 2.016 ACRES 87,799 SQ. FT. C5 a)J C3 MLa C2 L1 1 P.0.B.I aol o6 (\1(\I B a)'+in(\I gI 'L14 CALLED 92.382 ACRES DENTEX LAND. CATTLE AND ENERGY. LP INST. NO. 2005-49231 0.R.D.C.T. JOHNSON I ANF l–– r– – [–rCOUNTRY LAKES NORTH PHASE 5B DOC. NO. 2021-323. P.R.D.C.T 91 101 11 11 1 1 I I NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202). North Ameriaan Datum of 1983 ESA IMPROVEMENT AREA TRACT 1 2.016 ACRES BBB. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com LEGEND P.0.C. = POINT OF COMMENCING P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND 0.R.D.C.T. = OFFICIAL RECORDS OF DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORDS, DENTON COUNTY. TEXAS Scale I Drawn by I Checked by 1 Date 1 Project No. 1 Sheet No. 1 I" = loo' I MBM I KHA I Sep. 2024 1 069264946 Sheet No 3 OF 4 MRM L 9):58 PM K:\FRI SURVEY\063246303-DENTEX SITE - DENTON\DWG\069264946 ESA TRACT 1.DWG Exhibit "C" LINE TABLE NO BEARING LENGTH NOO'25'49"W 256.48L1 L2 N89'34'11"E N88'24'20"E 213.09' N84'08'54"E 60.35' N79'39'15"E 56.78 1 L 9 1 s o o a 2 5 1 o o I w 95.38 6.02'S45'03'05'W S89'41'11"W 54.89' S86'30'27"W 147.05' S77'16'07"WL13 113.72' S89'34'11"WL14 CURVE TABLE LENGTH CHORD S02'05'53"E66.93'66.91 35.37'S88'05'49'’W 35.36' 52.94 S89'12'15'’W 52.93 13.40'N45-26'11"W C1 5'Of'46" C2 3'10'43'’ 5'23'34C3 C4 85'19'34 ESA IMPROVEMENT AREA TRACT 1 2.016 ACRES BBB. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com I ab 1"= loo' I MBM I KHA 1 Sep.2024 1 069264946 1 40F4 je@ZEElaMiMaznMa Exhibit "C" BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-49231 of the Official Records of Denton County. Texas, and being more particularly described as follows: COMMENCING at a 3-in metal fence corner post found for the easterly northeast corner of said 92.382-acre tract, common to the southeast corner of a called 34.973-acre tract of land described in a deed to Angela Dominguez and Michael Barber, recorded in Volume 4357, Page 240 of the Official Records of Denton County, Texas, same being the southwest corner of a called 3.002-acre tract of land described in a deed to Angela Dominguez and Michael Barber, recorded in Instrument No. 2020-155538 of the Official Records of Denton County, Texas same also being the northwest corner of Lot 1, Block X of Sagebrook Phase 1, an addition to the City of Denton, according to the plat, recorded in Document No. 2021-429 of the Plat Records of Denton County, Texas; THENCE South 00'14'21" East, along the easterly line of said 92.382-acre tract and the westerly line of said Lot 1, Block X, a distance of 478.46 feet to a point for corner' THENCE South 89'45'39” West, departing the easterly line of said 92,382-acre tract and the westerly line of said Lot 1 , Block X, crossing said 92.382-acre tract, a distance of 542.26 feet to the POINT OF BEGINNING of the herein described tract, and being the beginning of a non-tangent cuive to the right with a radius of 562.50 feet. a central angle of 02'37'19", and a chord bearing and distance of South 19'17'40" West, 25.74 feet; THENCE continuing across said 92.382-acre tract the following: In a southerly direction, with said non-tangent curve to the right, an arc distance of 25.74 feet to the beginning of a reverse curve to the left with a radius of 637.50 feet, a central angle of 06'27'40", and a chord bearing and dIstance of South 17'22'29" West, 71.85 feet; In a southerly direction, with said reverse curve to the left, an arc distance of 71.89 feet to a point for corner; North 89'55'16" West, a distance of 234.44 feet to a point for corner; South 84'30'30" West, a distance of 71.31 feet to a point for corner; South 75'02'16" West, a distance of 71.65 feet to a point for corner; South 65'34'03" West, a distance of 71.65 feet to a point for corner; South 56'05'50" West, a distance of 71.65 feet to a point for corner; South 46'37'36" West, a distance of 71.65 feet to a point for corner; South 37'09'23" West, a distance of 71.65 feet to a point for corner: South 27'41’10" West, a distance of 71.65 feet to a point for corner; ESA IMPROVEMENT AREA TRACT 2 3.742 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY.. SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com ERm N/A M MBM Hm KHA I Sen. 2024 W==@ 069264946 1 1 OF 5 Exhibit "C" South 18'12'56" West, a distance of 71.65 feet to a point for corner; South 08''#43" West. a distance of 71.58 feet to a point for corner; South 00'04'44" West, a distance of 58.69 feet to a point for corner; North 85'42’14'' West, a distance of 138.11 feet to the beginning of a tangent cuive to the left with a radius of 437.50 feet, a central angle of 04'36'35", and a chord bearing and distance of North 88'00'32" West, 35.19 feet: In a westerly direction, with said tangent cuive to the left, an arc distance of 35.20 feet to a point for corner; South 89'41'11" West, a distance of 57.58 feet to a point for corner; North 44'56'55" West. a distance of 5.69 feet to a point for corner; North 00'25'00" East, a distance of 94.60 feet to the beginning of a tangent cuive to the left with a radius of 837.50 feet, a central angle of 05'49'23", and a chord bearing and distance of North 02'29'41" West, 85.08 feet; In a northerly direction, with said tangent cuive to the left. an arc distance of 85.11 feet to a point for corner; North 66'49'05" East, a distance of 96.00 feet to a point for corner; North 62'19'26" East, a distance of 60.38 feet to a point for corner; North 57'45'30" East, a distance of 60.39 feet to a point for corner; North 53'11'35" East, a distance of 60.39 feet to a point for corner; North 48'37'41" East, a distance of 59.99 feet to a point for corner; North 47'22'46" East, a distance of 48.17 feet to a point for corner; North 52'20'56" East, a distance of 47.70 feet to a point for corner; North 56'37'42" East, a distance of 47.76 feet to a point for corner; North 60'50'59" East, a distance of 47.72 feet to a point for corner; North 69'31'29" East, a distance of 50.24 feet to a point for corner; North 62'27'23" East, a distance of 66.56 feet to a point for corner; North 49'59'27" East, a distance of 54.18 feet to a point for corner; North 30'47'28" East, a distance of 50.07 feet to a point for corner; ESA IMPROVEMENT AREA TRACT 2 3.742 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com MARX, MICHAEL 9/30/2024 4:04 PM K:\FRI SURVEY\063246303-DENTEX SITE - DENTON\DWG\069264946 ESA TRACT 2.DWG Exhibit "C" North 11'53'31" East, a distance of 69.34 feet to a point for corner; North 00'20'24" East, a distance of 51.34 feet to a point for corner; South 89'39'36" East, a distance of 206.40 feet to a point for corner: South 00'20'24" West, a distance of 33.27 feet to a point for corner; South 07'52'09" West, a distance of 46.71 feet to a point for corner; South 13'55'59" West. a distance of 56.85 feet to a point for corner; South 73'02'07" East, a distance of 119.12 feet the POINT OF BEGINNING and containing 3.742 acres (163,013 square feet) of land, more or less, ESA IMPROVEMENT AREA TRACT 2 3.742 ACRES B.B.B. & C. RR. CO. SURVEY ABSTRACT NO. 159 DEINTON COUNTY, TEXAS& C:hT:,I REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY,, SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com M 4:04 PM K:\FRI SURVEY\063246303-DENTEX SITE - DENTON\DWG\069264946 ESA TRACT 2.DWG I I /'’ LLF- gE #gotoO II'o'a-d'o 'I'o-a-u'o 8€$S9L-OZOZ -ON -lSNI 1'9'a'u'd 6ZhLZO€Z 'ON 'lSNI 6L980Z-€OOZ 'ON 'lSNI U=8UV8 ]3vHOlm 'aNv8snHU38UV8 ]3vHOlm aNV z]n9Nlvyoa V-139NV L 3SVHd yOOU830VS S3U9V ZOO'£ Gaiivo X yO018 'L IOI aNV 23noNlmoa V-139NV S3UOV P9'el a3 IIVO l9t'gZt 311 LZltl,o0S I \ I 9C)fEddjg toa\I(\i iS B a) Cr)Inq b)00 C/) 0 C/) LUa( C) < a)ba) qa) a LU C) :: < aZ <N LUD (9Z E0a <-J LU(9Z < no dr\' \ J nc LU on0( <onJ LU < =O S 0V OJ0 fI' b 10a)'+ i0 > I I1' Ofi nc 6 eg 1-O<a}- < LU a(< 1-Z LUE LU>0 aca E < U) LU I g') ecg)I W===I > LU> ac3 C/) 0O nc nc C) o6 on fri fri C/) $ LU1-aZ y ; a ! ! ! ! g OZ – LUa C) + C)-rX LLI Ul LU nc C)< eg'+brj a) 10r -J 0Z 1- C) $ 1- CD on < > F-Z30 C)Z01-Z Ela a),J g IC) < acb- < C/) LU 10 a)i g g E01-2LUA all4::A cg) alJ 1-Z LUE LU>0aaE== 1-O $ 1- (\1 a) LU acO< (\I'+b F; 1- LL IS da)0dz aD. an sl IS *\ q) < LUa< F)ra Fi 10r LLI1-a) X LU}-Z LUa d)8 CO --V hI g >LU > ncD IC/) acISq =a'+0 (dq8 Qq8a El <IO 3 X- ac < = <Ul -LU CDc28El) hiS i g4)al£L€ gg li {g)z Ij!: 8 g £7 gII nl Ll 1::)1 c:b) a\1P-J b-'a)O F) -1 Pa an -J I V)LUb0Z aZLU CD LU-1 Exhibit "C" LINE TABLE 1 LINE TABLE LINE TABLE LINE TABLE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L1 O BEARING N89'55' 1 6"W S84'30'30"W S75'02' 1 6"W S65'34'03"W S56'05'50'W S46'37'36"W S37'09'23"W S27'41'10"W S18'12'56'W S08'44'43"W LENGTH 234.44' 71.31' 71.65' 71.65' 71.65' 71.65' 71.65' 71.65' 71.65' 71.58' NO. L1 1 L1 2 L1 3 L14 L1 5 L16 L1 7 L1 8 L1 9 L20 BEARING SOO'04'44"W N85'42'14'W S89'41'11"W N44'56'55"W NOO'25'OO"E N66'49'05"E N62'19'26"E N57'45'30"E N53' 11'35"E N48'37'41"E LENGTH 58.69' 138.11 ' 57.58' 5.69' 94.60' 96.OO' 60.38' 60.39' 60.39' 59.99' NO L2 1 L22 L23 L24 L25 L26 L27 L28 L29 L30 BEARING N47'22'46"E N52'20'56"E N56'37'42"E N60'50'59"E N69'31'29"E N62'27'23"E N49'59'27"E N30'47'28"E N11'53'31"E NOO'20'24"E LENGTH 48.17' 47.70' 47.76' 47.72' 50.24' 66.56' 54.18' 50.07' 69.34' 51.34' NO. L3 1 L32 L33 L34 L35 BEARING S89'39'36"E SOO'20'24"W S07'52'09'W S13'55'59"W S73'02'07"E LENGTH 206.40' 33.27' 46.71 ' 56.85' 119.12' CURVE TABLE I N O a 1 D E L T A 1 R A D 1 U S 1 L E N G T H I C H O R D B E A R I N G 1 CHORD 2'37'19"562.50'25.74 S19'17'40"W S171.89'6'27'40"71 .85’637.50' 35.20’N88'OO'32''W 35.19'437,50' N02'29'41"W837,50'85.0885.11 ESA IMPROVEMENT AREA TRACT 2 3.742 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 hamichael.marx@kimley-horn.com 1 1.G. I T I KHA m Sep. 2024 @ 069264946 M 5 OF 5 Exhibit "C" BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 200549231 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 3-in metal fence corner post found for the easterly northeast corner of said 92.382-acre tract. common to the southeast corner of a called 34.973-acre tract of land described in a deed to Angela Dominguez and Michael Barber, recorded in Volume 4357, Page 240 of the Official Records of Denton County, Texas, same being the southwest corner of a called 3.002-acre tract of land described in a deed to Angela Dominguez and Michael Barber, recorded in Instrument No. 2020-155538 of the Official Records of Denton County, Texas same also being the northwest corner of Lot 1, Block X of Sagebrook Phase 1, an addition to the City of Denton, according to the plat, recorded in Document No. 2021429 of the Plat Records of Denton County, Texas; THENCE South 00'14'21" East, along the easterly line of said 92.382-acre tract and the westerly line of said Lot 1, Block X, a distance of 30.00 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 00'14'21" East, continuing along the easterly line of said 92.382-acre tract and the westerly line of said Lot 1, Block X, a distance of 567.84 feet to a 6-inch metal fence corner post found for the southwest corner of said Lot 1, same being on the northerly line of a called 13.64-acre tract of land described in a deed to Angela Dominguez and Michael Barber, as recorded in Instrument No. 2003-208519 of the Official Records of Denton County, Texas; THENCE South 88'46’23" West, continuing along the easterly line of said 92.382-acre tract and along the northerly line of said 13.64-acre tract, a distance of 17.93 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for the northwest corner of said 13.64-acre tract; THENCE South 00'02'52" East, continuing along the easterly line of said 92.382-acre tract and along the westerly line of said 13.64-acre tract, a distance of 195.79 feet to a point for corner; THENCE South 89'57’08'’ West, departing the easterly line of said 92.382-acre tract and the westerly line of said 13.64-acre tract, a distance of 24.21 feet to a point for corner; THENCE continuing across said 92.382-acre tract the following: North 43'09'14" West, a distance of 95.52 feet to a point for corner; North 66'04'20" West, a distance of 52.16 feet to a point for corner; North 88'59'26" West, a distance of 52.68 feet to a point for corner; South 71'16’19" West, a distance of 56.07 feet to a point for corner; ESA IMPROVEMENT AREA TRACT 3 5.334 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TFXAS 75034 ;TJhZtr: ::: g£i: 1 e y n h o r n H c o rn rFU MARX, MICHAEL 9/30/2024 3:18 PM K:\FRI SURVEY\063246303-DENTEX SITE . DENTON\DWG\069264946 ESA TRACT 3.DWG 1-m KHA I Sep. 2024 I 069264946 1 1 OF4 Exhibit "C" South 88'53’39" West, a distance of 1 36.09 feet to a point for corner; North 02'33'32" East, a distance of 36.70 feet to a point for corner; North 08'37'21" East, a distance of 46.84 feet to a point for corner; North 14'39'36'' East, a distance of 56.95 feet to a point for corner; North 72'54'52" West, a distance of 119.13 feet to the beginning of a non-tangent curve to the right with a radius of 562.50 feet, a central angle of 01'59'30", and a chord bearing and distance of North 19'36'34" East, 19.55 feet; In a northerly direction, with said non-tangent curve to the right, an arc distance of 19.55 feet to the beginning of a reverse curve to the left with a radius of 637.50 feet, a central angle of 05'37'02", and a chord bearing and distance of North 17'47'48" East, 62.48 feet; In a northerly direction, with said reverse curve to the left, an arc distance of 62.50 feet to a point for corner; South 75'54'39" East, a distance of 120.91 feet to a point for corner; North 12'45'54" East, a distance of 243.99 feet to a point for corner; North 00'20'24" East, a distance of 41.09 feet to a point for corner; South 89'39'36" East, a distance of 20.00 feet to a point for corner; North 00'20'24" East, a distance of 1 94.00 feet to a point for corner; South 89'39'36" East, a distance of 267.02 feet to the POINT OF BEGINNING and containing 5.334 acres (232,356 square feet) of land, more or less. ESA IMPROVEMENT AREA TRACT 3 5.334 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 DEINTON COUNTY. TEXAS MICHAEL B. MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com 5181 S R MARX. MICHAEL 9/30/2024 3:18 PM K:\FRI SURVEY\063246303-DENTEX SITE - DENTON\DWG\069264946 ESA TRACT 3.DWG Exhibit "C" \ \ CALLED 34.973 ACRES ANGELA DOMINGUEZ AND MICHAEL BARBER VOL. 4357. P. 0240 0.R.D.C.T. CALLED 3.002 ACRES \ ANGELA DOMINGUEZ AND MICHAEL BARBER INST. NO. 2020-155538 0.R.D.C.T. I I P.0.C. 3" METAL FENCE COR. POST FND. \ \ L19 SO'14'21"E 1/2" IRFC 'TNP' P.0.B. GRAPHIC SCALE IN FEET L17 ...*=='*==’ –'- j LOT 1 . BLOCK X SAGEBROOK PHASE 1 INST. NO. 23021-429 P.R.D.C. T. --1 CALLED 92.382 ACRES DENTEX LAND. CAl-rLE AND ENERGY, LP INST. NO. 200549231 0.R.D.C.T. ESA IMPROVEMENT AREA TRACT 3 5.334 ACRES al 232,356 SQ. FT. 6" METAL FENCE COR. POST FND. BB-J 01 J. 'L2 Cr)--1 L9 dS- L7 m CALLED 13.64 ACRES ANGELA DOMINGUEZ AND HUSBAND, MICHAEL BARBER INST. NO. 2003-208519 0.R.D.C.T. NOTES Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. ESA IMPROVEMENT AREA TRACT 3 5.334 ACRES B.B.B. & C. RR. CO. SURVEY, ABSTRACT NO. 159 MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TFXAS 75034 PH. 972-335-3580 michael.marx@kimley-horn.com LEGEND DEINTON COUNTY, TEXAS P.0.C. = POINT OF COMMENCING P.0.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IRFC = IRON ROD W/CAP FOUND 0.R.D.C.T. = OFFICIAL RECORDS OF DENTON COUNTY. TEXASP.R.D.C.T. = PLAT RECORDS, DENTON COUNTY, TEXAS s b b aP _s 1" = 150' 1 MBM I KHA I Sep. 2024 1 069264946 1 3 OF 4 Exhibit "C" LINE TABLE LINE TABLE ~.. I 1 L E N 1(1HJI T H I N 1[hF9qR) a BEARING I LENGTH 567.84' 1 L11 1 N08'37'21"E 1 46.84' 5 6 a 9 5 1 1 17.93' 195.79r :,:::::: 1:==:i!:}52.16' 5 2 p 6 8 1 1 L 1 7 1L7 1 N88'59'26"W L8 1 s71'16'19"w 1 56.07' L 9 1 s 8 8 o 5 3 1 3 9 1 1 w 1 1 3 6 a o 9 1 1 L 1 9 1 267.02' LIO I N02'33'32"E 1 36.70 CURVE TABLE RADIUS LENGTH CHORD BEARING CHORD [Fmb;iT N19'36'34"E19.55'19.55' [cD5 a 62.4862.50'N17'47'48"E ESA IMPROVEMENT AREA TRACT 3 5.334 ACRES B.B.B. & C. RR. CO. SURVEY. ABSTRACT NO. 159 DEINTON COUNTY, TEXAS MICHAEL MARX REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5181 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 :1hifa: : :: 2:i:r1 1 e y = h o r n H c o nn [TVre Exhibit "D" Alternative Environmentally Sensitive Area (AESA) Plan (AESA24-0002) Dentex Tract Approximately 93 Acres Denton, Denton County, Texas September 17, 2024 :dJ.b\);ii; IT&J-\ Project Owner: North Texas Land Development, LLC Prepared By: Kimley OHorn Dallas, Texas Kimley »>Horn TABLE OF CONTENTS 1.0 - INTRODUCTION AND AUTHORITY/PURPOSE AND NEED FOR ACTION .............................. 1 1.1 – Description of Overall Development .................,.................................................................. 1 1.2 – Site Visit ............................................................................................................................. 1 2.0 - SITE AREA DESCRIPTION....................................................................................................... 1 2.1 - Vegetation .........................................................,................................................................. 1 2.2 – Observed ESA Habitat ..............,.........,..................................................,,...........................2 2.3 - Purpose of AESA.................................................,.,.......,........,,........................,,................ 2 3.0 – AFFECTED ENVIRONMENT AND SUMMARY OF IMPACTS ...................................................3 4.0 – MITIGATION ACTIVITIES .........................................................................................................4 3.1 – Tract A (Single-Family Residential Development) .........................,.......,,.....................,....... 4 3.2 – Tract B (Mixed-Use Development) .......,.........,.................................................................... 5 5.0 - PERPETUAL MAINTENANCE ACTIVITY .................................................................................6 6.0 - COMPLIANCE WITH AUTHORITIES ........................................................................................7 7.0 - ANNUAL REPORTING..............................................................................................................7 8.0 - CRITERIA FOR APPROVAL.....................................................................................................7 9.0 – SUMMARY................................................................................................................................9 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 75240 Kimley »>Horn Figure 1 : VICINITY MAP Figure 2: CITY MAPPED ESAS Figure 3: ONSITE ESAS AND AQUATIC FEATURES Figure 4: PROPOSED ESA IMPACTS Figure 5: AESA PROPOSED MITIGATION FIGURES APPENDICES APPENDIX A: CONCEPT SITE PLAN APPENDIX B: ESA SITE PLAN APPENDIX C: TREE PRESERVATION PLAN 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 75240 Page 7 Alternative Environmentally Sensitive Area (AESA) Plan Dentex Tract Denton, Denton County, Texas 1.0 – Introduction and Authority/Purpose and Need for Action Kimley-Horn and Associates Inc. (Kimley-Horn) has prepared the following Alternative Environmentally Sensitive Area (AESA) Plan. This AESA plan is being submitted to the City of Denton under the Denton Development Code (DDC) to request approval for impacts to Environmentally Sensitive Areas (ESA). This AESA Plan proposes mitigation measures for the impacts required to construct a mixed-use development and a single-family residential development for North Texas Land Development, LLC. Pursuant to DDC, the disturbance of Undeveloped Floodplain is a permitted activity for the placement of these mixed-use and single-family residential developments if the disturbed area is restored to minimize erosion and promote the recovery of the ESA. The mitigation activities offered as a part of this AESA would achieve this goal. 1.1 – Description of Overall Development The proposed Dentex Tract project is approximately 93-acres in size generally located north of Johnson Lane and south of Allred Road in the City of Denton, Denton County, Texas (DCAD # R76886, Figure 1). The project can be separated into Tract A, in the southern portion of the parcel, and Tract B. in the northern portion of the parcel. Tract A consists of a single-family residential development with an associated green space, roads, housing, two detention ponds, utility installations, and a hike-and-bike trail. The proposed zoning for Tract A is Residential (R6) which allows for the proposed development (224-0009). Tract B consists of a high-density residential, commercial, and retail development with associated roads, parking, and a detention area. The proposed zoning for Tract B is Mixed-Use Neighborhood (MN) which allows for the proposed development (224-0009) 1.2 – Site Visit Following a review of the City of Denton GIS mapper and readily available background information including aerial imagery and online databases, Kimley-Horn conducted an ESA Field Assessment for the project area on July 11, 2024 (ESA24-0018). Ground level photographs were taken during the site visit. The general locations of photographs are depicted on Figure 3 and the numbering system on the figure corresponds to the site visit photograph numbers. ESA Assessment Forms were completed at during the site visit. 2.0 - Site Area Description The approximate center coordinates of the study area are Latitude: 33.148 and Longitude: -97.183 (1983 North American Datum (NAD) Coordinates). The project is located within the Hickory Creek – Little Elm Reservoir watershed (USGS Hydrological Unit Code (HUC) 1203010308). Based on historic aerial imagery and current observations, the majority of the site appears to be undeveloped pasture with a wedding venue and one single-family residence located in the northern portion 2.1 - Vegetation The project area is located in the historic Cross Timbers ecoregion. Historically, this region was dominated by post oak, blackjack oak, cedar elm, Osage-orange, and various grasses and forbs. 13455 Noel Road, Two Galleria Office Tower, SuIte 700, Dallas, TX 75240 Page 2 However, this ecoregion has witnessed significant impacts due to urban sprawl and agriculture. Based on site visit observations, the study area can be categorized as the following vegetation community: pasture •Vegetation Type 1 : Pasture •The vegetation type makes up approximately area and is dominated by: o Bermuda grass (Cynodon dactylon) o dallisgrass (Paspalum dilatatum) o perennial ryegrass (Lolium perenne) 100% of the vegetated portion of the study 2.2 - Observed ESA Habitat During the site visit, Undeveloped Floodplain ESA was generally mapped following the FEMA Zone A/AE: 100-Year Floodplain (Figure 3). Undeveloped Floodplain ESA Tract A The Undeveloped Floodplain ESA within the southern portion of the site surrounds a network of three swales located downstream of a small section of previously removed Riparian Buffer ESA on the eastern adjacent property. The upland pond is located under the access road and does not have a defined outfall or connecting channel. A culvert under the access road concentrates overland flow into the excavated ditch that then ends abruptly at the fence line. Flow from the project site to the adjacent site to the east appears to be through overland flow. The northern drainage area within the floodplain area was dominated by upland grasses and aster species Tract B The Undeveloped Floodplain ESA within the northern portion of the site surrounds an upland pond and excavated ditch located directly upstream of removed Riparian Buffer ESA to the west and unassessed Riparian Buffer ESA to the east. The swales extend through the pastureland, eventually converging near the eastern boundary. None of the swales making up the system were observed to have defined channels, and all the swales were fully vegetated with upland grasses. The Undeveloped Floodplain ESA on site is shown on Figure 3. 2.3 – Purpose of AESA The purpose of the AESA plan is to propose mitigation for the impacts to the Undeveloped Floodplain ESA caused by the construction of a mixed-use development. The mitigation activities will include the removal of invasive species and revegetation with native species within the designated green space areas located within and outside of the floodplain. This AESA plan explaining the mitigation measures will be provided to the City of Denton for formal notification and review of the proposed activity. Though the Undeveloped Floodplain ESA area was observed to be dominated by upland grasses and appeared to be historically altered for agricultural purposes, Undeveloped Floodplain ESA was mapped due to its role in protecting the waterway from areas subject to agricultural pollutants and alteration (ESA24-0018). The proposed development would introduce the possibility of nonpoint source pollution from stormwater, including increased sediment, phosphorous, oil, grease, and nitrogen. A healthy functional ESA, achieved through the removal and replacement of the upland grass species and restoring channel grading to its natural state within the floodplain, will allow native vegetative and wildlife communities to reestablish in the buffer zone and therefore naturally treat water and reduce pollution within downstream waterways, 13455 Noel Road, Two Galleria Office Tower. Suite 700, Dallas, TX 75240 Page 3 Additional project information is available from City of Denton Case Number ESA24-0018 and within the City of Denton eTRAKiT system 3.0 – Affected Environment and Summary of Impacts Mass grading of the entire site is proposed for the construction of the single-family residential development (Tract A) and mixed-use development (Tract B). Impacts are anticipated to the entire 29.9 acres of Undeveloped Floodplain ESA (Figure 4). 18.9 acres will be permanently removed, and 1 1 acres will be improved and restored. A floodplain study was conducted, and the total pre-project floodplain area was reduced to 24.6 acre. Additionally, the Undeveloped Floodplain ESA currently consists of low- quality habitat due to impacts from agriculture and the presence of predominantly upland grasses. The revitalization of the channel within the southern floodplain area and the revegetation of green spaces across the site with native plants suitable for intermittent flows will create higher quality habitat and increased water quality within the floodplain Within Tract A, the project is proposing to construct a single-family residential development including housing lots, associated infrastructure, two detention ponds, and two green spaces wIthin the onsite Undeveloped Floodplain ESA. Within Tract B, the project proposes to construct a high-density mixed-use development, associated infrastructure, and an open space buffer with a detention pond Based on the tree inventory completed prior to the preparation of this plan, tree species within the ESA area were identified as hackberry (Celtis laevigata) and Osage-orange (Maclura pomifera) . Trees within the Right-of-Way (ROW) to the south of the project area are to be removed. The protected trees to be preserved per the City of Denton Ordinance are described in Table 1 below. Additional protected trees will be preserved to create a larger habitat for wildlife. A detailed tree preservation plan is included in Appendix B. Table 1 : Proposed Tree Preservation Activity SCIENTIFICCOMMON CONDITIONTAG#DBH NAME NAME 8 1 7 1 1 0 H 8 h a c k b e r rV C e /f /•s / a e v / g a f a Hazard HealthyMaclura pomifera8172 21.1 Celtis laevigata Healthy8173sugarberry HealthyCeltis laevigata8174sugarberry11.7 DecliningCeltis laevigata81889-1 SU HealthyCeltis laevigatasugarberry22.58190 Celtis laevigata Healthy10.3 sugarberry8192 Celtis laevigata8-6 sugarberry MULTIPLE STEMMED PRESERVE/LOCATIONCLASSIFICATION REMOVE Development RemoveImoact Area Development RemoveIm DevelopmentSecondary Removectea RemoveSecondary Development RemoveNon-Protected ICt Area Development PreserveSecondaryImoact Area Development PreserveNon-Protected Aream Development PreserveSecondaryImpact Area Forked Forked Single Single Single Single 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 75240 Page 4 4.0 – Mitigation Activities Following the impacts, within the green spaces, the areas will be revegetated with native grasses and forbs based on the plan below. 3.1 - Tract A (Single-Family Residential Development) Vegetation The channel within the floodplain will be restored via grading and will be designed to carry water from stormwater infrastructure and from precipitation events. Flow within the channel is expected to vary with maximum flow located at the downstream end of the channel, which will experience a flow of approximately 334 cfs in the post-project offsite undeveloped event. This will create areas of periodically moist soil along the banks within the floodplain. A combination of a Native Sun Turf Mix, Drainfield Mix and Riparian Recovery Mix will be broadcast seeded throughout the designated green spaces within the impacted Undeveloped Floodplain ESA to provide ecosystem services such as erosion control, native habitat, and pollution control. •Native Sun Turf Mix: o will be planted within mow zone located 3-5 feet from either side of hike-and-bike trail and immediately behind residential lots; and o will be concentrated in areas less exposed to the least moisture. Drainfield Mix: o grass mix designed for areas that have periodic moist soils; and o adaptability to a wide range of growing conditions. Riparian Recovery Mix: o seed mix including a combination of 36 native grass & wildflower species (full species list: (http://www.seedsou rce.com/cataloq/); o includes native, deep rooted, diverse plant community; and o provides increased bank stability and runoff filtration • • The Drainfield Mix will be seeded at the lowest elevations within the green space where moisture is expected to concentrate. Riparian Recovery Mix will be planted in the transition zone surrounding the Drainfield Mix. The goal of the proposed seeding is to develop an AESA with a quality, functioning native habitat that will not need additional maintenance beyond the initial seeding. Temporary non-invasive vegetative cover approved by City Staff, such as Canadian wild rye (Elymus canadensis) , cereal rye (Secale cereale) . winter wheat (Triticum aestivum) , or oats (Avena sp.) will be established by hydro-mulching or installing erosion control blankets within one month of mass grading. Irrigation within the designated mitigation areas is not proposed at this time; however, if the seeded forbs and grasses show signs of stress, irrigation may be deemed necessary and installed following the plantings. An initial site visit by Kimley-Horn environmental staff will be performed following the completion of initial seeding and prior to the first annual monitoring event. Kimley-Horn staff will perform additional site visits as necessary during the first annual monitoring period. Hike-and-Bike Trail Along with revegetation, a 10-foot hike-and-bike pedestrian trail is proposed to traverse the length of the green space. The trail maximizes public utilization of the ESA area by creating recreational space within the floodplain and providing an opportunity for individuals to access and form connections with a natural area. A 3-to-5-foot mow-zone will be established on either side of the hike-and-bike trail to avoid tall vegetation and other concerns immediate to the trail. Educational signage will be established prior to the issuance of building permits in order to properly inform potential homebuyers of the final product. 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 75240 Page 5 The proposed owner of the green space and trail is the future neighborhood homeowner’s association (HOA). A maintenance plan agreement will be prepared and provided with CEPs. The HOA will be responsible for any necessary repairs and recurring maintenance responsibilities. Kimley-Horn will be responsible for annual monitoring and reporting for three years, post installation Detention Ponds Two detention ponds are planned within the southern green space (Tract A). These detention ponds will be visible from the hike-and-bike trail and are intended to provide temporary storage of stormwater runoff to reduce downstream water quantity impacts. The slowing of stormwater runoff entering the channel will reduce erosion and maintain a more natural waterway. Drainfield mix will be planted along the banks of the detention ponds to reduce erosion and filter pollutants from stormwater runoff, Rain Garden To help mitigate for the reduction of permeable surface within the floodplain, approximately 0.6 acre of rain gardens are to be constructed along the drainage area transecting Tract A. The rain garden is intended to provide an aesthetically pleasing method to reduce flooding and prevent water contaminated by pollutants from entering storm drains and downstream waterways. It will mimic the natural absorption and filtering present in forests, meadows and prairies. The rain gardens will be constructed as shallow depressions within the floodplain gently sloped towards the drainage area. Several inches of topsoil will be removed and replaced with a permeable, engineered media such as compost, gravel or stones. The rain gardens will temporarily hold rainwater several hours following precipitation events before allowing it to penetrate the ground and reenter the groundwater system. Pollutants, such as sediment, nutrients, bacteria and heavy metals, from the single-family development will also be filtered out by the media and vegetation. If the rain garden experiences ponding for several days after routine rain events, a berm can be constructed around the rain garden to create more of a slope for water to drain. More stones or compost can also be added to the rain garden to help distribute the water. Native herbaceous vegetation will be planted within the rain gardens in conjunction with the engineered media. The herbaceous vegetation will tolerate a range of hydrologic conditions from the ponding and draining of the rain garden. An example vegetation mix that can be planted within the rain garden is the Drainfield Mix (previously described). The herbaceous vegetation will assist in the filtering of pollutants present in stormwater. It will also provide refuge and food for butterflies, both migratory and non- migratory birds and other wildlife. If vegetation struggles to grow within the rain garden, the rain garden can be watered with 1-2 inches of water per week, unless it rains that week. 3.2 – Tract B (Mixed-Use Development) Veqetation A combination of Native Sun Mix and Drainfield Mix of seeds will be spread throughout the designated green space within the impacted Undeveloped Floodplain ESA to provide a ground cover and a protective vegetative layer surrounding the detention pond. Native, deep-rooted vegetation will prevent erosion and filter stormwater runoff. The Drainfield Mix will be seeded at the lowest elevations within the green space where moisture is expected to concentrate. Native Sun Mix will be planted in the mow zone above the detention pond bank. Temporary non-invasive vegetative cover approved by City Staff, will also be established on Tract B by hydro-mulching or installing erosion control blankets. Irrigation is not proposed at this time; however, tf the seeded forbs and grasses show signs of stress or the survival rate does not meet or exceed 90% cover, irrigation may be deemed necessary and installed following the plantings 13455 Noel Road. Two Galleria Office Tower. Suite 700. Dallas, TX 75240 Page 6 Detention Pond One detention pond is planned within the open space buffer in the northern tract (Tract B). This detention pond will be visible from the northern access road and is intended to provide temporary storage of storrnwater runoff to reduce downstream water quantity impacts. The slowing of stormwater runoff entering the channel will reduce erosion and maintain a more natural waterway. Drainfield mix will be planted along the banks of the detention pond to reduce erosion and filter pollutants from the adjacent roadways. 5.0 – Perpetual Maintenance Activity The designated no-mow zones within green spaces, detention ponds, and rain gardens will be maintained as detailed below in Table 2. If the property is sold in the future, the new owners must comply with the described maintenance plan in order to maintain the function and health of the mitigation land Table 2: Perpetual maintenance activity for Dentex Tract Activity Description Mowing will be conducted within a 3-to-5-foot mow-zone buffer from either side of the hike-and-bike trail within the southern green space. Mowing will occur above the banks of the detention ponds and will not occur within the rain gardens. Mowing may occur within landscaped areas outside of designated green spaces, detention ponds, and rain gardens on site, Occasional mowing, approximately once or twice a year, can occur as needed within the green spaces, detentions ponds and rain gardens to help control undesirable vegetation. Mowing and Establishment of Mow-Zones Edging I Edging will only occur within the described mow-zones Leaf Removal There will be no leaf removal outside of the described mow-zones There will be no pesticides or fertilizer distributed within the designated green spaces, rain gardens, or detention ponds, other than for the purpose of invasive species or privet removal deemed necessary by an arboricultural consultant. Fertilizer and Pesticides Tree Removal No trees outside of the mow zones will be cut, trimmed, thinned, altered, or raised without the City of Denton’s written permission. Trash removal will be the responsibility of the neighborhood HOA and wi11 take place twice per year by hand from individuals walking the mitigation land areas. No vehicles (ATVs, cars, trucks, tractors, or any other motorized vehicles) will be utilized in this effort. Trash will be disposed of in trash bags that will be removed by the City and disposed of in an approved landfill. Trash Removal Invasive species will be assessed by Kimley-Horn staff during annual monitoring visits during the first three years following construction. Following the conclusion of restoration effort, the neighborhood HOA will be responsible for sourcing an arboricultural consultant. Invasive species management will be performed by the responsibility of the neighborhood HOA Invasive Species Management 13455 Noel Road, Two Galleria Office Tower, Suite 700. Dallas. TX 75240 Page 7 Ground Disturbing Activity Any ground-disturbing activity, such as maintenance, erosion control, or proposed changes to grading will not occur until designs have been approved in writing by the City of Denton 6.0 - Compliance with Authorities The City of Denton is the authority over compliance with this AESA mitigation plan. Once the AESA mitigation activities have been completed, the City of Denton will be notified that restoration activities are complete. 7.0 – Annual Reporting The applicant will prepare an annual report each year for three consecutive years, beginning 12 months after initial seeding. The annual reports will detail species diversity and vegetative coverage data. Kimley-Horn will perform monitoring activities at the end of the growing season, typically September through October, annually. Reports will be submitted on November 15th of each year. Ten-to-twelve 0.01-acre circular plots will be established within the designated green spaces, arranged to accurately represent different vegetative communities within the green space, Each plot center will be GPS-located and marked with a center stake. The one-thousandth acre plots will have a radius of 11.8 feet. Within each plot, a visual estimate of percent cover will be recorded. Additionally, all species located within the plots will be recorded and reported. The first two annual reports will contain action items that may include: the implementation of additional erosion control, re-seeding the seed mixtures as needed, and removing weeds within the seeded areas. The neighborhood HOA will be responsible for maintenance such as weeding, and Kimley-Horn will be responsible for any re-planting effort. Upon completion of the three-year monitoring and reporting period, the City of Denton Environmental Services shall inspect the plantings and determine whether ninety percent (90%) of the seeded area is healthy and has a reasonable chance of sustained cover. If it is determined that 90% of the seeded area is healthy and has a reasonable chance of sustained cover, the City will issue the final acceptance of the project. After city inspection, if more than 90% of seeded area is found to be diseased or not having a reasonable chance of sustained cover, the applicant shall be notified to reseed those problematic areas. If the applicant does not take remedial steps to bring the property into compliance, the City may use all legal remedies to enforce this provision. These annual reports will be submitted to the city for revIew and inspection. If changes need to be made to the mitigation plan during the three-year monitoring period, the City of Denton will be notified prior to making the plan modifications. 8.0 – Criteria for Approval The following outlines the criterial for approval of an AESA Plan and the project aspects that meet each criterion 1 Mitigation goals are obtained by creating, expanding and/or improving ESAs. The proposed AESA proposes to mitigate the impacts to the Undeveloped Floodplain ESA from the construction of one single-family residential development (Tract A) and one mixed-use development (Tract B) by seeding the designated green space within the Undeveloped Floodplain ESA area with native seed mixtures to both provide a protective ground cover and functional native plant community. While the initial construction activity will result in impacts to 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 75240 Page 8 the existing ESAs, the resulting green spaces within Tract A and Tract B will be seeded to create a native vegetative community that will also promote the native grasses in the surrounding area The resulting habitat will provide vegetative cover for birds and wildlife species. The promotion of native plant species will suppress the regrowth of non-native grasses observed on site. The mitigation will also expand into the surrounding areas outside of the ESA impact areas within the green space by expanding broadcast seeding efforts beyond the original floodplain with a native seed mix to promote a native grass community. Native Sun Turf mix will be used in areas with minimal moisture and areas that require mowing. It is anticipated that this mix will provide contiguous vegetative cover which will be monitored annually. Overall, the floodplain will contain an improved channel and detention ponds that will improve stormwater management capabilities and will support a diverse, native plant community. 2. Mitigation goals are obtained by preserving environmentally sensitive areas above the minimum requirements, exchanges between different types of ESAs, installing pollution prevention controls, and/or implementing best management practices or any other approaches that result in the improvement of the environment being impacted. Once revegetated, the native grasses and forbs planted within the green space will provide vegetative cover and forage for local wildlife, promote the native herbaceous community within the ESA, and filter surface runoff before it reaches the waterway. The green space itself will prevent negative impacts from increased flows through the ESAs. Through grading, channel restoration, and seeding, it is anticipated that Riparian Buffer ESA may re-develop over time. Detention ponds and rain gardens on site will be utilized to improve water quality by slowing and treating runoff from the proposed mixed-use development and nearby roadways. Pollutants derived from lawncare, motor vehicles, pets, pest control are expected from residential and commercial developments. The rain gardens and detention ponds will capture rainwater and slowly release it into the soil, treating the rainwater and recharging groundwater. The maintenance plan outlined in Section 5.0 details measures in place to prevent pollutants such as fertilizers and excess sediment from entering mitigation areas. 3. Areas offered as mitigation are linked to existing or planned open space or conserved areas to provide an overall open space system. The disturbances and proposed AESA are located within larger Undeveloped Floodplain ESAs surrounding swales on either side of the property boundary. Though 18.4 acres are to be removed, the mitigation land area within the designated green space will be revegetated to avoid lasting negative impacts to the overall ecosystem, promote the native vegetative community, and support wildlife populations. Native grass seed mixes are also being utilized outside of the ESAs to expand the native grass communities. The mitigation land will remain connected to ESA areas on either side of the project site. 4.Development is arranged for maximizing access and utilization of the ESAs by citizens. The designated mitigation land is located in an area that is central to the single-family residential neighborhood, visible from roads and housing, and accessible by hike-and-bike trail within the neighborhood. A 10-foot hike-and-bike trail with a 3-to-5-foot mow zone on either side has been designed to create opportunities for exposure to natural areas and recreation within the floodplain. 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 75240 Page 9 5.Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent conservation easement, restrictive covenants, or such other legal mechanism to allow for the long term conservation of said areas. Such legal mechanism shall limit any future land disturbing activity or construction within the ESAs ad shall run with the land and be binding upon all successors and assigns of the current owner. As the designated green spaces within the Undeveloped Floodplain ESA are being revegetated to create a native habitat, the ESA designation will remain and therefore be subject to use restrictions set forth in the DDC, 6. The AESA plan shall demonstrate that the developer’s alternative proposal results in a highquality development meeting the intent of the standards in the DDC. The AESA has been designed to minimize the impacts to ESAs necessary to meet the design standards for the overall development and proposes to mitigate for the impacts by revegetating the undeveloped portion of the Floodplain ESA with native vegetation. As such, the proposed development meets the criteria for approval for an AESA, 9.0 – Summary The impacts proposed to the Undeveloped Floodplain ESA 29.9 acres resulting from the construction of residential and mixed-use developments. Approximately 11.0 acres are to be restored and preserved as mitigation land. The mitigation for the impacts to the Undeveloped Floodplain ESA will consist of seeding the green space within the Undeveloped Floodplain ESA impacted by the construction with native seed mixtures to provide ground cover and a functional, diverse vegetative community that will serve to filter pollutants from the proposed developments and prevent erosion. The native grasses planted within the mitigation land will provide vegetative cover and forage for local wildlife and promote the native herbaceous community within the ESA 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas. TX 75240 Figures STUDY AREA MAPS 13455 Noel Road, Two Galleria Office Tower, Suite 700. Dallas, TX 75240 /\ Ray Roberts G Lake - reenbeltnUaHHB Denton \ Project Location nthC+. OgI4 9/ Allred Rd Allred Rd 5 it g gi IS I8 n8 1:a Johnson Ln E 18 i)() g li B ’oxtail Dr Hazelnut Ln eJ Ca VICaan Montex Rd Sweetwater Dr C ACOa ac -J a) gB Feet Legend 6 1- al <a0 200 400 800 CD Study Area, -93 acres FIGURE DATE 07/15/2024 DENTEX N A Kimley »>Horn1 DRAWN OGR CHECKED:AMB Vicinity Map Allred Road KHA NO 060009600 Source: ESRI Basemap Denton, Denton County, Texas P) :_Hlb' Bfa &'_nly. t be a+ B+© 1 + B + r n Hp in a:'+Hqe. _ - ;en-H–+=, ' ' in;} a 1 b +Th _}©::+( }:: g--iFiii -Legend Feet 800 t.iI Study Area, -92.5 acres 0 200 400 Undeveloped Floodplain ESA, -29.9 acres FIGURE DATE:07/1 5/2024 City of Denton Mapped ESAs DENTEX Kimley »>HornAllred Road Source: Nearmap May 28, 2022 Denton, Denton County, Texas : + rH::::i}:!!::+ !: a $ = = = + : P = = L , = J -,. {’ I. ai; : - Legend ED Study Area, -92.5 acres = KH Observed Undeveloped Floodplain ESA, -29.9 acres \JO g -'f'"' \- t +r . + +‘ ijl::{{IT : ;; }h A I b: •A f + ;+ It ' & + Ip _ I qb ? 1 1 +4I To FIGURE 200 400 DATE: 07/1 5/2024 DRAWN: OCR CHECKED: AMD KHANO.: 060006900 DENTEX Allred Road Denton, Denton County, Texas Kimley >)>Horn n+ V irfDrrr nrbt+b•H 3 Proposed ESAs Source: Nearmap May 28, 2022 Legend M Proposed Impacts to Undeveloped Floodplain ESA, -29.9 acres Study Area, -92.5 acres #PpcaliF d;i=aab§th l; - IT::I::j!! 1+ 1 L 1 H 1 1 P al + ' 3; @p :b k 1IF \TH+ TF I RAJ qA:I I H InIq:I ,}’ 0 200 400 FIGURE DATE: 07/1 5/2024 DENTEX Kimley »>Horn4 DRAWN: OGR Proposed ESA Impacts CHECKED: AMB Allred Road KHA NO.: 060006900 Source: Nearmap May 28, 2022 Denton, Denton County, Texas - +P ; njj': a Legend CD Study Area. -92.5 acres KB Proposed Impacts to Undeveloped Flocxlplain ESA. -29.9 acres In Proposed Green Space Area, -11 acres .t + J--'-' t:j%;+ i!J : :+ : r::H :+ ©xggnWi%'<X3@no I 0 m 400 Feet 800 FIGURE DATE 09/3af2024 DENTEX Allred Road Denton, Denton County, Texas Kimley ,»Horn5 DRAWN CHECKED_ AMS KHANO.. mQ8no ROH AESA Proposed Mitigation Source: Nearmap May 28. 2022 Appendix A CONCEPT SITE PLAN ><g > !! iii:i cgI ! ! {!§ :al iIi I gjg:: gig gT=:=: [ i :+++H1?:+Hi!!!F nT I Appendix B AESA SITE PLAN 9 E;ii::>:a ! ! ! i gB b &II k F; g J g g B Sal g2 gIg g $ 8 a B ii ,; ii ; ii fIll bI;;t dgg g gg g B r g ?SE ic A a U !1 gea Q g g : i i : g : A : q : i ! ! i ii;;I R 8 I I LU!iIZ0 g !! 1II8IEE g ! i ! !!•oe A II 2 =91! li R a E ii FTP! ! : ghg .J g gF ga gZ g 13 !i,J gjg & 9 asS 1118 .I ;;g;! !:g ! ! +0808 8 gg Appendix C TREE PRESERVATION PLAN be IV : Ifgg ; ! ! i i ac UEDZ 1-C) LUda(a [ O <1 al olZ 213Ua 0 81: (aDc g8 b iS ! ia S: !!!!!! i $ 1 2 1 ;E ;!!!!!Sgi O ©O Big ; ; iiON .:-, I i 1 k gi.i;:: i L i $i ><X nc LU anE32 1- C) LU daca Ea 1= !!!!!gBIg 2ga : B gg!!; i g b 8 h<i:iiiiii a ;!!i:1 !