HomeMy WebLinkAbout2008-139ORDINANCE NO.2008- /3
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR RAYZOR RANCH
(DME SITE) BY AND BETWEEN THE CITY OF DENTON, TEXAS AND ALLEGIANCE
HILLVIEW, L.P., A NEW YORK LIMITED PARTNERSHIP, ACTING BY AND THROUGH
ITS GENERAL PARTNER, TH GP, LLC (D/B/A TH DENTON GP, LLC), A DELAWARE
LIMITED LIABILITY COMPANY (HEREINAFTER CALLED "DEVELOPER")
PROVIDING FOR THE DEVELOPER'S CONVEYANCE OF A CERTAIN TWO ACRE
TRACT OF LAND TO THE CITY IN ORDER FOR THE CITY TO PROVIDE AN ELECTRIC
SUBSTATION TO SERVE THE DEVELOPMENT; AND THE CITY' S ACQUISITION OF
EASEMENTS AND THE RELOCATION OF EXISTING ELECTRIC TRANSMISSION
LINES AS ARE NECESSARY FOR THE CITY TO CONSTRUCT A CERTAIN "RIGHT
TURN ONLY LANE" TOGETHER WITH OTHER MATTERS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, there are certain improvements that are located in an area zoned in the
"Rayzor Ranch Overlay District" which must be constructed and/or moved with respect to the
Development's electrical needs; and
WHEREAS, the Developer and the City will enter into several Development
Agreements, this one being entitled "Developmental Agreement for Rayzor Ranch (DME Site)"
regarding certain of the Development's needed- electric facilities; and
WHEREAS, the Public Utilities Board, an advisory committee of the City Council, has
duly considered this "Development Agreement for Rayzor Ranch (DME Site)" at its open
meeting on the 9rh day of June, 2008, and the Board_ approved this Development Agreement by a
vote of 4 to 0; and recommended this agreement for the approval of the City Council. NOW,
THEREFOR
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
"Development Agreement for Rayzor Ranch (DME Site)" which is attached hereto as Exhibit
"A," and to exercise all of the City's rights, duties and obligations thereunder.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the lf%� day of , 2008.
? a )i iF L-0
PERRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
TIIE STATE OF TES
COUNTY OF DENTON
NOTICE OF CONFIDENT AUTY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR. STR E ANY OF THE FOLLOWING IWORMA.TION
FROM TffiS MSTR BEFORE IT IS FILED FOR RECORD IN TSE PUBLIC
RECORDS: YOUR SOCIAL SECURITY NUNMER OR YOUR DRIEWR'S LICENSE
NUMEBEIL
DEVELOPMENT AGREEMENT
FOR RAYZOR RANCH (DME SITE)
This Development Agreement ("Agreement") is entered into by and between the CITY
OF DENTON, a Texas municipal corporation in Denton County, Texas (hereinafter caned the
"City"), acting by and through its duly authorized officers, and ALLEGIANCE FKLVIEW,
L.P., a New York Kited partnership (heremafter called "Developer"), acting by and through its
general partner, TIC GP LLC (d/b/a TH Denton OP LLQ, a Delaware limited liability company
and its duly authorized officers.
WITNESSETH:
WMREAS, Developer owns 410 acres of property, more or less, situated generally north
and south of West University Drive/U.S. Highway 380 ("Ifighway 380"), between. Interstate
Highway 35 ("IH-35") and Bonnie Brae Street, zoned as the Rayzor Ranch Overlay District
Classification according to City Ordinance 2007--068, as amended 8r superseded (such property
being described herein as the "Property"); and
WHEREAS, Developer wishes to develop the Property to include a wide variety of
commercial, retail, office, housing of various types, open space areas, and other uses pursuant to
Ordinance 2007-068, as amended or superseded, also to be ]mown as the Rayzor Ranch
Development (the "Development" or "Rayzor Ranch"); and
VMREAS, the electric power demands anticipated by the Development necessitate
construction f a Denton Municipal Electric substation to serve the Development and customers
in its general vicinity, on land of sufficient size, proximity and configuration to accommodate the
substation, and located within, or m the immediate proximity of the Development and existing
transmission sines, therefore, Developer ,wishes to transfer and convey by Special warranty Reed
to the City, at no additional monetary cost, certain land within the Property consisting of
approximately two (2) acres, more particularly described in the attached Exldbit "A" (the
" DR E Site"), as specific consideration for City's construction of a certain Right Turn Only Lane
CRTO Lane' } necessitated by the Development and described herein, including City"s
acquisition of easements and relo ron of existing electric tansmission lines as necessary to the
construction of that RTO Lane, as set forth on the attached Exhibit "B" ("Site Plan'').
NOW THEREFORE m consideration of the mutual covenants and obligations herein,
the parties agree as follows.-
Rayzor Ranch Development Agreement (DUE Site) Page 1
SECTION 1, DEVELOPMENT AGREEMENT
11 ENT
Developer and the City agree to the following:
A. IDNM Substation. within sixty (60) days of the mutual execution of this
Agreement by all necessary parties, Developer shall transfer to City at no cost by Special
Warranty Deed a two (2) acre parcel of land to be used for a Denton Mtuucipal Electric
substation,. The location of the proposed substation and Access Drive are shown on Exhibit
"A"I attached hereto and incorporated herein by reference. The City shall construct the Denton.
Municipal Electric substation on the DNM Site and take measures necessary to accommodate the
electric power needs of the Development, in accordance with applicable law. In the unforeseen
event that City commences any peroaanent use of the DUE Site which does not include the use
of the site as an electric substation, or otherwise benefit or support City's operation of an electric
utility, and further provided that City has not commenced construction of any part of the
substation, Developer may, but is not obligated to, purchase preferentially the DUE Site from
the City at the price of $400,000.00, to the extent such preferential purchase may be allowed by
State law and justified by the public purpose contemplated by this ,Agreement. Linder no
circumstances shall this repurchase option extend more than forty (40) years following execution
of this Agreement, and it shall %mninate immediately upon commencement of construction of
the electric substation. Notwithstanding any such event or repurchase (if allowed), the remaining
obligations of the parties under this agreement shall continue in full.
B. Im rovements to Bone Brae at its intersection with Universi Drive/U.S.
Highwgj 880. The Traffic Impact Analysis (the "TIA") for Raynor Punch identifies that a right
turn lane will be required on northbound Bonnie Brae, turning east on University Drive/U. S.
Highway 380. The City will install the right -turn lane at the intersection of U.S. Highway 380
and Bonnie Brae at its sole expense in accordance with requirements and/or recommendations
set forth in the TIA and in a timely manner and in accordance with applicable law. It is
anticipated that the right -turn lane at this location will be installed by the City at such a time in
order to prevent the level of service ("LOS"') of the affected intersection from dropping below
LO S `!D" as affected by the existencelpresence of this turn lane. The Developer understands and
acknowledges that the additional right-of-way (""ROW") required at this intersection for the
construction of the right turn lane gill cause the City to incur additional costs for the purchase of
the additional ROW (0.15 acres) and for the reconfigured easements for the adjacent water
�issin main to cnstructed`in this I co ation (iffrihereasa of
�:1 o reac s-:�""I3 ve eloper
agrees to reimburse the City for these additional property costs at the actual value of the
purchase, up to a total maximum expenditure of $25,000.00, within thirty (30) days of receipt of
an invoice from the City for the ROW and easement expenditure. The City will relocate electric
transmission lines as needed to accommodate the right turn lane at the intersection of U.S.
Highway 3 80 and Bonnie Brae at its sole expense and in a timely manner.
Rayzar Ranch Development Agreement (ME Site) Page 2
C. Dedication of ROW and Easement Along Bonnie Brae. within thirty (30) days of
the mutual execution of this Agreement by all necessary parties, Developer shall transfer to City
at no cost the ROW dedication for the ROW on the Developer's property along Bonnie Brae
(width as approved by variance in conjunction with submittal V08-0003 including all necessary
turn lane ROW at Scripture as submitted in accordance with the TIA and accepted by the City)
and a twenty five foot wide temporary c onstructi on easement (25' TCE) for the construction of
the North -South water Maim. In. addition, Developer will install no landscape buffer in the area
of the TCE or in areas needed for the construction of the DICE substation until such activities are
completed by the City.
D. Access Drive and Utility Easement, Developer shall provide the access and
utility easements as shown on Exhibit ".A" (the "Access Drive") via plat or by separate
uastnment, not later than the time of approval of the final plat. Upon such transfer, City is
hereby authorized to construct and maintain an all-weather, access drive of gravel, crushed rock,
or other surfaces, m erials or designs of its exclusive choice and in its exclusive discretion,
anywhere withi i the Access Drive.
E. Drainage. Developer acknowledges that the initial grading on and around the
DME Site has resulted in significant rainage problems that must be resolved before construction
can begi a, on the electric substation. The Developer hereby agrees to take such temporary steps
as may be necessary to direct surface a away from and to the south of the substation site
and maintain such temporary pleasures at his expense until permanent drainage control is
completed. This shall include regarding and placing suitable fill material back into the drainage
channel that has been created along and north of the northern boundary of the DME Site.
Thereafter, Developer agrees to develop Raynor Ranch in a manner that diverts runoff away
from the DME Site and Access Drive, instaUing permanent drainage improvements within the
Development for that purpose, consistent with City's development standards, and creating
easements, deed restrictions or other legal instruments obligating subsequent owners of those
potions of the Development containing such permanent drainage improvements to maintain
them as necessary to divert such runoff away from, and prevent it from entering or encroaching
onto, the DME Site and Access Drive. The City agrees that it will construct all improvements on
the DME Site at elevations equal to or greater than those set forth on the grading plan attached
hereto as Exhibit "C".
use ofMhe pro os `Pi e e Easemen and an. traction Easement. tzar to
transferring the DME Site and Access Drive, Developer agrees to acquire and eliminate any and
all easements within the DUE Site that are not necessary to the substation or the Development.
If the pipeline construction proposed adjacent to or near the east and north boundaries of the
DME Site occurs, and necessitates granting an easement for that purpose, Developer shall
include restrictions in the granting documents as necessary to assure and protect City's
continuing and functional access to the DME Site at all times.
SECT ON 2. DELAYS AND FORCE MAJEUIRE
It is expressly understood and agreed by the parties to this Agreement that if the
substantial completion of the construction of any improvements contemplated hereunder is
delayed by reason of war, civii commotion, acts of God, inclement weather, governmental
Rayzor Ranch Development Agreement (DME Site) Page 3
restrictions, regulations, or interferences, delays caused by the franchised utilities (Denton
Municipal Electric, Co S ery Electric, Southwestern Bell Telephone, Atmo s Energy, Charter
Cable, Verizon or any of their predecessors or successors or other utilities, or any of their
contractors), fire or other casualty, court miunction, necessary condemnation proceedings, acts of
the other party, its affiliates/ related entities, and/or their contractors, or any circumstances which
are reasonably beyond the control of the party obligated or permitted under the terns of this
Agreement to do or perform the same, regardless of whether any such circumstance is sto
any of those enumerated or not, the party so obligated or pennitred shall be excused from doing
or performing the same during such period of delay, so that the time period applicable to such
design or construction requirement shall be extended for a period of time equal to the period such
party was delayed.. The obligations subj ect to enlargement of time without penalty do not
include funding obligations or obligations delayed for financial. reasons.
SECTION 3. TERMI
The term of this Agreement shall begin on the date of execution, and end upon the
complete performance of all obligations and conditions precedent by the parties to this
Agreement. Upon execution, this Agreement shall be recorded in the Denton County Real
Property Records as covenants running with the Iand. Developer's obligations shall be binding
upon subsequent purchasers of the Property and/or the Developer's successors, assignsir agents or
representatives, until all obligations of the Developer are satisfied in full.
SECTION 4. I1gDE CATIoN
DEVELOPER SHALL JOINTLY AND SEVERALLY INDEMNIFY AND . HOLD
HARMIESS T13E CITY, MEMBERS OF THE CITY COUNCIL, AND ITS OFFICERS,
EMPLOYEES, AGENTS, REPRESENTATIVES AND CONSULTANTS (EACH PERSON
DESCRIBED HEREIN CALLED AN "INDEMNIFIED PARTY" AND COLLECTIVELY,
THE "INDEMNIFIED PARTIES") AGAINST ANY AND ALL INDEMNIFIED LIABILITIES
SUBJECT TO THE RESnUCTIONS IN THIS SECTION 5. IF AN INDEMNIFIED PARTY
INCURS ANY INDEMNIFIED LIABILITIES, THE DEVELOPER SHALL FULLY
REIlViBURSE SUCH INDENfN7MD PARTY FOR ALL SUCH INDEMNIFIED
LIABILITIES INCURRED. THE DEVELOPER CONFIRMS THAT ANY
WDEMN FICATION UNDER THIS AGREEMENT FOR INDEMNIFIED LIABILITIES FOR
PERS OMA 19 OR PErS OrAa;-PROPERTY^DUANMGE-ivMY—SSE-OUT-OF- - —
NEGLIGENCE OF ANY INDEMNIFIED PARTY IN CONTLNCTION WITH THE
INDEMNIFIED PART Y S ACTIVITIES, BUTTES OR RESPONSIBILITIES RELATING TO
THE WORK TO BE PERFORMED BY THE INDEMNIFIED PARTIES UDDER OR IN
ASSOCIATION WITH THIS AGREEMENT. * HOWEVER, THE DEVELOPER WILL NOT
BE REQUMED TO INDEMNIFY AND/OR HOLD HARMLESS ANY INDEMNIFIED
PARTY FOR ANY LOSSES OR INDEND- TFIED LIABILITIES THAT RESULT FROM THE
INDEMNIFIED PARTY' S SOLE NEGLIGENCE, INTETMONAL MISCONDUCT OR
KNOWING VIOLATION OF THE LAW. TO THE EIENT APPLrICABLE, THE
DEVELOPER. SHALL BE SUBROGATED TO ANY CLAIMS OR RIGHTS OF THE
INDEMNIFIED PARTIES AS AGAINST ANY OTHER PERSON (BUT NOT AN
INDEMNIFIED PARTY) WITH RESPECT TO INDEMNIFIED LIABILITIES PAID BY THE
DEVELOPER. FOR PURPOSES OF TFUS SECTION 5, ``INDEMNIFIED LIABILITIES"
Rayzor Ranch Development Agreement (DME Site) Page 4
SHALL BE DEFINED TO INCLUDE ALL LOSSES INCURRED BY ANY OF THE
INDEMNUIED PARTjES THAT ARE RELATED TO, ARISE OUT OF OR ARE
ASSOCIATED WITH. (1) THE CONSTRUCTION OF THE WORK THAT IS
CONTFNPLATED BY TIES AGREEMENT; (2) ANY BREACH OF OR INACCURACY IN
ANY REPRESENTATION OR WARRANTY MADE BY THE DEVELOPERS ITS GENERAL
PARTNER, OR PARTIES UNDER ITS CONTROL; (3) ANY BREACH DR NON-
PERFORMANCE) PARTIAL OR TOTAL, BY DEVELOPED. DP ANY COVENANT OR
AGREEMENT OF THE DEVELOPER CONTAI14ED IN THIS ACRE ANY
CONDITION CREATED IN OR ABOUT THE SITE OF THE WORK CONTEMPLATED BY
T%BS AGREEMENT; AND (5) ANY ACCIDENT, INKaY DR PROPERTY DAMAGE
WHATSOEVER OCCURRING IN, AT OR UPON THE SITE OF THE WORK
CONTEMPLATED BY THIS AOREEUEN T.
SECTION 5. EVENTS OF DEFAULT
A default shall exist if either Developer or the City fails to perform or observe any
material covenant contained in this Agreement. The non defaulting party shah. promptly notify
the defaulting party m writing upon becoming aware of any change in the existence of any
condition or event which would constitute a default or, with the giving of notice or passage of
time, or both, would constitute a default under this Agreements Such notice shall specify the
nature and the period of existence hereof and what action, if any, the notifying party requires or
proposes to require with respect to curing the default.
SECTION G. REMEDIES
If a default shall occur and continue, after thirty ('310) days' advance written notice to cure
default, the following measures of damages shall apply, in proportion to the Harm caused by the
breach:
A. Upon a showing of Developees breach, City's remedies shall include
specific performance on the transfer of the DME Site and Access Drive to City, if not
sooner completed, or, alternatively, if, but only if, specific performance is not available to
the City, the cost to acquire a s' ' ar substitute site in the imrned0 ate proximity of the
Development and existing electric fimnsmissiion lines, of equal or greater size and
srutability for the -intended -Purpose.
B. Upon a showing of City's breach, Developer's remedies shah be limited to
monetary compensation for the DME Site and Access Drive, not to exceed $400,000,
which the parties stipulate to be the negotiated present value of DME site and Access
Drive in the absence of the RTO Lane construction, less offset of any reasonable, actual,
out-of-pocket costs incurred by the City's construction of the RTO Lane.
The parties acknowledge that City intends to improve the DME site and Access Drive
with Ex ures and infrastructure that far exceed the stipulated value of the DME Site and Access
Drive, and that the size and proximity of the DIVE Site and Access Drive are critical to the intent
and purpose of this Agreement. Accordingly, the parties stipulate that any resolution of a
contractual dispute must include transfer of the DME Site and Access Drive to City as a specific
Rayzor Rich Development Agreement (DUE Site) Page 5
remedy, subject ect to appropriate monetary offsets and awards contemplated by this Agreement, if
IN
any. Nothing in this Section shall be construed to waive any sovereign, governmental nmumunity
available to the City under Texas law. Nothing in this Section shall be construed as a waiver or
release of any right, remedy or cause of action that is available to the City under or as a result of
this Agreement, in equity or at law.
SECTION 7. VENUE AND G _G LAW
THYS AGREEMENT SMALL BE INTERPRETED AND THE RIGHTS OF THE
PARTIES DETERNMqED IN ACCORDANCE Vi TH THE LAMS OF THE UNIM STATES
APPLICABLE THERETO AND THE LAWS OF THE STATE of TEXAS APPLICABLE TO
AN AGREEMENT EXECUTED, DELEIVERED AND PERFORMED IN TrEE STATE of
TEXAS. This Agreement is performable in Denton County, Texas, and venue of any action
arising out of this Agreement shall be exclusively in Denton County, Texas. This Agreement
shall be governed and construed in accordance with the laws and court decisions of the State of
Texas.
SECTION S. NOTICES
Any notice required by this Agreement shall be deemed to be properly served if deposited
in the U.S. Mail by certified letter, return receipt requested, addressed to the recipient at the
recipient's address shown below, subject to the right of either party to designate a different
address by notice given in the mt=er just described.
If intended for the City, to:
George C. Campbell, City Manager
City Hall
215 E_ McKinney
Denton, Texas 76201
If intended for Developer, to:
Allegiance EMYiew, L.P.
c/o Ton -eon Capital, LP
515 Congress Avenue, Suite 2525
Austin, Texas 78701
Attention: Rex Paine
Phone: (512) 472-6777
Fax: (512) 472-6731
Rayzor Ranch Development Agreement (DME Site) Page 6
With copies to:
Fortress Investment Group LLC
5221 N. O'Connor Blvd., Suite 700
Irving, Texas 75039
Attention: Andy Osborne
Phone: (972) 532-43 3 5
Fax: (214) 260-093 8
Brown NlcC=oll, L.L.P.
111 Congress Avenue, Suite 1400
Austin, Texas 78701.
Attention: Robert L. Davis
Phone. (512) 479-9706
Fax: (512) 479-1101
SECTION 9. GUT TO PUBLIC SERVANT
A. The City may terminate this Contract innmediately if Developer has offered, conferred or
agreed to confer any benefit upon a City employee or official that the City employee or
official is prohibited by law from accepting.
B. For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary
gain or pecuniary advantage, including benefit to any other person in whose welfare the
beneficiary has a direct or substantial interest, but does not include a contribution or
expenditure -lade and reported in accordance with. law.
C. Notwithstanding any other legal remedies, the City may require Developer to remove any
employee of Developer from the Project who has violated the restrictions of this Section
or any sim ar state or federal law, and obtain reimbursement for any expenditures made
to Developer as a result of the improper offer, agreement to confer, or conferring of a
benefit to a City employee or official.
SECTION 10. APPLICABLE LAWS
s A eement is made subject to the provisions of the Charter and ordinances of the
City, as amended, and all applicable state and federal laws.
SECTION 11, LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Agreement shall for any
reason be field to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or.
unenforceability shall not affect any other provision thereof and this Agreement shall be
considered as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
Rayzor Ranch Development Agreement (DME Site) Page 7
SECTION 12. [TERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
SEC710ril13. CAPTIONS
The captions to the various clauses of this Agreement are for informational purposes only
and shall. not alter the substance of the terms and conditions of this Agreement.
SECTION 14, SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement are binding upon the successors anti assigns
of the parties to this Agreement. Developer may assign, in whole or in part, this Agreement to
an affiliate of Developer, or a successor owner of the Property (a "Permitted Assignee") at any
time during the tern hereof, subject to City" s prior written consent and approval, which consent
and approval shall not be unreasonably withheld. Developer shall be released from all liability
hereunder to the extent of such assignment to a Permitted Assignee, provided that Assignee
adequately demonstrates its ability to undertake and satisfy the requirements of the assignment to
City's satisfaction.
SEC'ION 15. RECITALS E T PS
The terms and provisions of the recitals and the terms and provisions of the following
exhibits and attachments are incorporated into this Agreement as if fully set forth herein:
Exhibit "A"- Legal Description of DUE Site and Access Drive
Exhibit "B" - Site Plan (Shoving RTO Lane)
SECTION 16, E T1 A GREEMX T
This Agreement embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the parties relating to matters
contained #n this Agreement and., except as otherwise provided in this Agreement, cannot be
odi lied -without -written agreof-the--pardes-to he-attachedto-and-mad" part of this
Agreement
EXECUTED this &day of 2008, by the City, signing by and
i Manager, dui authorized t execute same b C�rdinanca No. 24M?- �&q V
throes its City ag , y y
approved by the City Council on June 17, 2008, and by Developer, acting through its duly
authorized officers.
Rayzor Ranch Development Agreement (DNM Site) Page 8
APPROVED AS TO FORM.
EDWIN M. SNYDER
City Attomev ----
C
George C. Campbell
City Manager
City Manager
ALLEGLANCE HILLVMW, L.P.,
a New York limited. partnership
By: TIC OP LLC (d/b/a TH Denton OP
LLC), a Delaware Lvrn' liabUity
company, its general partner
By:
Name: cry pSberNe
Title: Auto6vttCheoo 19i5wA%Xi
Rayzor Ranch Development Agreement (MIE Site) Page 9
EXHIBIT A"
2.00 ACRE TRACT
B.B.B 8 C.R.R. COMPANY SURVEY, ABSTRACT NO. 192
CITY OF DENTON, DENTON COUNTY, TEXAS
METES AND BOUNDS
2.00 Acres
B.B.B, & C.R.R. Company Survey, Abstract No. 192
City of Denton, Denton County, Texas
BEING a 2.00 acre tract of land situated in the B.B.B. & C.R.R. Company Survey, Abstract Number 192,
City of Denton, Denton County, Texas, and being a portion of a called 256,8981 acne Shephard Hall
tract (hereinafter referred to as Tract 1) of land described In the Deed to Allegiance Hillview, L.P.,
recorded as Denton County Clerk's File Number 2006-41743 in the Official Public Records of Denton
County, Texas (hereinafter referred to as OPRDCT), with the herein tract of land being
further described as held on the ground by metes and bounds as follows:
COMMENCING at a 5184nch iron rod found In the west right of way line of Bonnie Brae Street, a called
variable width right of way, and the northeast comer of Tract 1;
THENCE North 89'04" 34" West, leaving the west right of way line of Bonnie Brae Street and being in
the north line of Tract 1, a distance of 39.11 foe to a point;
THENCE South W33'07" west, leaving the north line of Tract 1, along a proposed right of way
dedication, a distance of 49.00 feet to a point;
THENCE north 8VW34" West, along a proposed 30 foot wide proposed public access easement and
leaving said proposed right of way dedication, a distance of $8074 feet to the POINT of BEGINNING;
THENCE running through the said Tract 'I the following courses and distances:
South 00*53107" West, along the west line of a proposed 10 foot wide pipeline easement a
distance of 29516 fog to a 5184nch iron rod set with cap stamped "KHA" (herein after called
5/8-Inch iron rod set) for corner; I
North 89004,340 WoK, across said Tract 1, a distance of 295.16 fad to a 5184nch iron rod set far
comer,
North 0V53"07" East, across said Tract 1, a distance of 295.16 fret to a 5184nch Iron rod set far
comer to the south line of said 30 foot wide proposed public acoess easement;
South 89*04 W' Erst, along the south line of said proposed public access easement, a distance
of 295.16 feet to the POINT OF BEGINNING and containing 2.00 scree, more or less. �
Bearing system based upon the Takes Coordinate System of 1983, North Central Zone (Grid Azimuth
r
OF
40
R
a s U R,
Page 1 of 2
�It
re' unurr ear
CAB. B. PG. 34
P.R.D.GT.
EXHIBIT 'A"
2.00 ACRE TRACT
B*B,vB B C.R.R. COMPANY SURVEY, ABSTRACT NO. 182
CITY OF DENTON, DENTON COUNTY, TEXAS
LOPS I -A, I- Se & I—C
PEARLY%CHRRSTON AWSON No. R
GAS L. SLIDE 7W
P.R.D.C. r.
3O' vrruTr, DRAINAGE ANO N 89*04'34"
DAME ACCESS EASOWNT 39.11
(r PLAT) 5 DO''33'D70 w
io, Fur E 4a 00
PIPELINE EA�r r �
(&r PLAT
POINT OF
COMMMENCHY
'Irw
N, 45/
S 89'04'34" E 295.18' ,� '. g. —
Fun� �� Para OF
carsrnliCnpv EAsawEnrt 35. N1tM I BEGINNNVG
� COWIRWTM eArvr �
FUTURE co
N LOT 1, BLOCK 2 N e i I1+
2.Oa ACRES
W (879120 SQ. FT.)
� aesos ACRES � o
o Fu�'a�ie�rc n�ss
cAHoscavF fer�'ar� EASEMENT
FUTURE EAXMT
BL OCK 2
d
N 89104'34" W 295- t 6'
CALLED? 256.8981 ACRES
(TRACT Y)
ALLEGIANCE HILL WEW, L. P
Inst. No. 2 — 41743
ry GEND
O.P.R.D. C. T.
IRF — IRON ROD FOUND
IRFC — CAPPED IRON ROD FOUND
IRSC — CAPPED IRON ROD SET
CAI — CONTROL MONUMENT
GRAPHIC SCALE
��I I
uu�ros �E e°uFare---------- L
ioo o ao too 200
IN FEET )
L�
EMERY
STREET
CAUM 0.2714 ACRES
UNDA CASIAS L YSTAD
VOL 1154, PC% 972
R. P.R.D.0 T.
LOT 1, 6LOCK A
NIWSW HALL ADOWK
CA-0. K, SW 379
P.R.D.0 r.
CAuav a.267 ACRES
AIAR L YN R JAWE'
1 T. .a7-7727
R:M D.i
LOT I, Saar f
JAW A007ION
CA . r, iSrW 85
P.R.O.a r.
a.2628 ACRES
(11 47 SO. Fr:)
FU JVRE Rj6HT OF— WA r
..
DEDICA TM
LOT 2* BLOCK I
AMIM
CA&42"85
in
P.R.D.a T.
F
RIGHT WAY
D M air
N
21
N.
c
W-0
t roan = L.... 14. Page 2 Of i
=4 summon.
Ia
Razor Ranch
Development Agreement
Exhibit
Detail of the Area Near University
and Bonnie brae Street
Note:
This Exhibit B is intended only t
llnstTale the locations of the pales
affected by the installation of the future
right tarn lane from Bennie Brae Street.
onto eastbound University Drive and t
show the arca of the future right tum
lane. Other areas and notations are
includes only for clarity of illustratioll
and are specifically not a part of this
Development Agreement.
I � -
� I I
IF
,r
SCALE. #k
" = 200' e
M
EXIST- NQ -WOOD POLE Cvx
NEW STEEL POLE ALTERED �
TO ACCOMMODATE RAYZOR,'
DE 'EL P NT NEEDS :.F
+
I `F
NEW STEEL POLE NOT
AFFECTEDRAYZOR 0
D&LOPMENT
oft 380
" FUTURE Oak
k�
FUTURr 04
E R. , W.
FUTURE EAEE
.' rr
*IkLLJ
w
. l
I -
a+V rE E T E T
PAW
Ff
t
••4 ■
j°it
ik
LOCATION OF CUT FROM ORIGINAL GRADE
ri
(NOT SURYEDUS
VE1. SHOWN FOR ILLTRATION 76r,
OF GENERAL CONDITION ONLY.
6Q4
6
691
r
T
0
m
m
00
0
7j m
> z 01
< > z
0 r-
M r-
---1 0 '0 PROpOSEf)
01
m n CONTOURS
z
>
>
m
z z U)
0
Z C)
-n C * z -0
0
z
C) Cn
0 =1
m m 0 0
--IK - z
-4
K
0
t i
0 <
z M
m
295.16'
0 M
> > Z 0
o m � m;v:d m 0
Cf) r- 0 m M M!pl 0 (n
m m x m C) 0 --1 MI
rrl
Z Fr- -11 M --4 M > z
> 0Qz-zz ZK--ld
oz Um--lZ--l-< m 0 x
GO 0
m rn Q
2 X 0 Enom
M�wmgm>;>v Z-0
M, OVA
0 -<
mm C)
z U) z
0 X
4 En M rm
> M Z;c >
-n m
0 -6 M rnI r- Z
m> 005 1
T z > BONNIE BRAE 0 con 0
-< crl FD C
> OX m 0 0 X
m C) m < En
m >
z Z m m
m
rn
T-
* 0 N
VN I CHI P A L
EL E C TRI
C
!-*fv?r-'ng "Ve"M 1."' lhe !-:O 1p ,
Bonnie Brae Proposed, Grading
omwm sr; Ed Bryant I APPRoym. Chuck Seani I mm 00104106 1 rm
uml;
Cww Lm,
MWECT
SCALE
SHM: EK dw Cj