HomeMy WebLinkAbout2007-125FILE REFERENCE FORM 1 2007-125
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First Extension to Agreement - Ordinance No. 2009-095 1 04/21/09 1 JR
Second Extension to Agreement - Ordinance No. 2011-084 1 05/17/11 1 JR
Third Extension to Agreement - Ordinance No. 2013-345 1 12/17/13
ORDINANCE NO. 2007- /,�5—
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISIONS OF SANITARY
SEWER AND WATER FACILITIES PERTAINING TO THE HILLS OF DENTON, A
DEVELOPMENT LOCATED IN THE CITY OF DENTON, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas and Denton 288, L.P., a Texas Limited
Partnership have entered into an Agreement providing for the mutual costs and responsibilities of
the parties regarding the mutual obligations of the parties regarding the furnishing of sewer and
water facilities in a certain approximate 2121 acre tract of land, within the City of Denton,
commonly known as the "Hills of Denton:" and
WHEREAS, the City believes that the Agreement is in the best interests of the City and
provides for the measured water and sewer growth of a new development north of Denton, and
that a valid governmental purpose is served by said Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in his absence, the Mayor Pro-Tem, is hereby authorized to
execute, on behalf of the City Council of the City of Denton, Texas, the "Agreement by and
Between the City of Denton, Texas and Denton 288 L.P. For the Provision of Sanitary Sewer and
water Facilities," which Agreement is attached hereto as Exhibit "A" and incorporated by
reference herein.
SECTION 2. The City Manager shall have the authority to expend funds as are necessary
to perform this Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the-5 day of 2007.
'fERRV. McNEILL, MAYOR
SA0ur Documents\0rdinances\07\Sewer and Water Agreement -Hills of Denton Project-2007. doe
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
in
ED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
Ala
By:
4-0--
Page 2 of 2
THE STATE OF TEXAS
COUNTY OF DENTON
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND DENTON 288, L.P. FOR THE PROVISION OF
SANITARY SEWER AND WATER FACILITIES
T IS AGREEMENT (the "Agreement") is made and entered into on the _aL day of
2007 by and between Denton 288, L.P., a Texas limited partnership
(the "Develo er") and the City of Denton, Texas, a municipal corporation and a home -rule
municipality (the "City'), located in Denton County, Texas.
RECITALS:
WHEREAS, the Developer is the owner and developer of the "Hills of Denton," which
is a development located in the City, that contains approximately 2121 acres of land, and is more
particularly described in Exhibit "A" which is attached hereto and incorporated herewith by
reference (the "Development"); and
WHEREAS, certain off -site sanitary sewer facilities need to be constructed in order to
meet the demands projected to be created by the Development; and
WHEREAS, in addition, the City desires to construct sanitary sewer facilities to meet the
needs of the City, which are above and beyond the needs projected to be created by the
Development; and
WHEREAS, certain off -site connections to the City's water distribution facilities need to
be constructed by the Developer, at the Developer's cost to provide potable water service to the
Development; and
WHEREAS, the City and the Developer have entered into this Agreement to set forth the
terms, conditions, and provisions under which the proposed sanitary sewer facilities and the
proposed water distribution facilities will be constructed and paid for; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
the mutual promises and undertakings by the parties hereto, the sufficiency of which
consideration is hereby acknowledged, the parties hereby AGREE as follows:
I . Description of Sewer Facilities. The sanitary sewer facilities provided for in this
Agreement (the "Sewer Facilities") are described as follows:
A. The off -site Sewer Facilities to provide wastewater service to the Development and to the
Milani/Clear Creek Sewer Basins will be constructed in two phases, as depicted in Exhibit "B"
which is attached hereto and incorporated herewith by reference.
:.:
B. The "Phase I" project will include construction of the 30-inch off -site sewer line from the
Development up to the proximity of the proposed 1.8 million gallons per day (mgd) Interim
Milam Creek Lift Station (IMCLS), a 15 or 18-inch sewer line connection from the 30-inch
sewer line to the IMCLS to carry 1.8 mgd flow, and the construction of the IMCLS and
approximately 8,500 feet of 8-inch force main from the IMCLS to south of Loop 288, to
discharge wastewater into the City's existing wastewater collection system along Stuart Road.
C. The Phase 11 project will include construction of the sanitary sewer line extending from
the IMCLS to the Clear Creek Water Reclamation Plant ("CCWRP") site, the line's destination,
and construction of the CCWRP. During the construction of the Phase 11 project, City
wastewater service to the Development will be maintained, without interruption, for all phases of
construction in the Development.
2. Developer's Construction Project. Developer is responsible for the survey, design and
construction of the entire off -site "Phase I" project (see definition of "Phase I" project in Section
I.B. above). Also, the Developer is responsible for the design, easement acquisition and
construction of all on -site sanitary sewer facilities needed to serve the wastewater needs of the
Development. The City agrees to grant access to the Developer, its successors and assigns, and
their respective employees, contractors, subcontractors and agents, upon any property,
casements, or rights -of -way owned by the City in which any of the on -site or off -site sanitary
sewer facilities are intended to be located. The City shall review all requests for easements and
rights -of -way to assess whether any feasible alternatives to condemnation exist. Any and all
reasonable costs and expenses associated with obtaining such on site easements or rights -of -way,
including but not limited to land acquisition costs, reasonable attorneys' fees, reasonable
engineering fees and other reasonably foreseeable costs, shall be the sole responsibility of the
Developer to the extent Developer specifically requests the assistance of the City in writing in
connection therewith.
A. The Developer at Developer's sole cost shall submit to the City a sewer master plan that
reflects the wastewater needs of the Development per the zoning for the Development that is
approved by the City. In addition the sewer master plan shall include all existing or projected
wastewater flows from upstream off -site areas that drain through the Development.
B. The sewer master plan shall comply with the latest edition of the City of Denton
Water/Wastewater Design Criteria Manual, which is incorporated herewith and made a part of
this Agreement by reference. The sewer master plan submittal and review will be required
during the general development and preliminary plat process.
C. Any oversize of on -site sewer lines required to accommodate wastewater flows from
contributing off -site areas will be paid for by the City, in compliance with the current subdivision
and development code requirements of the City. The parties hereto understand that oversize
participation agreements are subject to the approval by the Denton City Council, after the City
Council receives a recommendation from the City of Denton Public Utilities Board.
D. Developer understands that the City charges impact fees for all new or expanded water
and sewer connections to the City water/wastewater system. Developer's costs related to survey,
design and construction of the "Phase I" project do not represent any credit against the impact
48683 2
fees due and owing to the City. Impact fees are assessed for all connections to the City
water/wastewater system based upon the rate schedule that is in effect at the date that the plat of
the Development is accepted by the City. Impact fees will be collected at the time a building
permit is obtained; or if a building permit is not required, they are collected at the time an
application is filed for a new connection to the City's water or wastewater system. Developer
also understands that it shall also receive no credit against any meter connection fees due to the
City.
E. The City and Developer agree that if Developer does not complete the construction of the
"Phase 1" project by the second anniversary of the execution of this Agreement; that the City
may elect to terminate this Agreement without any liability therefore; or in the alternative, the
City may elect to offer an amendment to this Agreement, but is not required to offer said
amendment to Agreement, for Developer's consideration.
F. The Developer will not be responsible for payment of any cost share in the survey,
design, construction, and easement costs for the Phase II project. The survey, design and
construction of the "Phase 1" project will be the only obligation of the Developer for off -site
sewer construction to obtain wastewater service for the entire Development.
3. Citv's Construction Project. The City is responsible for the off -site easement acquisition
for the "Phase l" project. and for the survey, design, easement acquisition and construction of the
entire Phase II project as shown in Exhibit "B."
A. As wastewater flows reach the capacity of the IMCLS described in Section I.B. above, the
City will commence the construction of the "Phase 11" project, which will at that time include the
sanitary sewer line extending from the IMCLS to the Clear Creek Water Reclamation Plant
(`'CCWRP") site, the line's destination, and the City will at that time construct the CCWRP.
During the construction of the Phase II project, City wastewater service to the Development will
be maintained, without interruption, for all phases of construction in the Development.
B. The City will provide for adequate wastewater capacity in the off -site Sewer Facilities for all
phases of construction in the Development in accordance with the zoning that is approved by the
City.
4. Description of Water Facilities. Water supply for the Development is available from
the existing thirty-six (36") inch transmission pipeline located to the south of the Development
along the north side of Loop 288. The City prefers that connections to the pipeline come from
only four (4) existing pipeline stub -outs located at:
1. The northwest corner of Loop 288 and Locust Street (FM 2164) (16-inch)
2. Approximately 3,200 feet west of the above location along the north side of Loop 288
(I 2-inch).
3. & 4. Approximately an additional 1,800 feet west of the immediately previous location
along the north side of Loop 288 near the northeast corner of the UNT Research Campus
(two connection points, 12-inch and 16-inch)
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In addition there is an existing 12-inch waterline located on Milam Road (FM 3163)
approximately 2,750 feet east of IH-35, available for extension along Milam Road to provide
additional capacity and service to the northern section of the proposed development.
A. Water service from the thirty-six inch (36") transmission pipeline will provide adequate
service pressures for the Development at a water service elevation of no more than 712 ft MSL,
in accordance with current Texas Commission on Environmental quality (TCEQ) regulations. It
is recommended to the Developer by the City that any properties within the Development that
are in excess of this elevation be served by a separate pressure plane system or be re -graded to an
elevation lower than 712 It MSL.
B. Current City subdivision regulations require the Developer to design and to install
booster pump stations that are not part of a city-wide pressure plane system. Based upon a
preliminary review of the topographic elevations of the Development, there is only one (1)
location that may have difficulty with meeting this criterion. Acceptable alternative options for
this area include:
I . Re -grading the area to lower the hill to an elevation of less than 712 ft MSL.
2. Providing a booster pump station and pressure plane acceptable to City standards. The
City may elect to require that this system be privately owned and operated, depending
upon the factual situation.
3. Consider park space, open space or other land uses that for this area that will not require
City water service.
C. The Developer, at Developer's sole cost will be required to perform a water distribution
system analysis and master plan for the Development to identify the necessary water system
improvements needed to serve the Development under a build out condition.
D. The City will provide suitable hydraulic information for the existing transmission
pipeline system for the Developer's engineering consultant to use for boundary conditions for
their distribution model. If the Developer prefers, the City will make arrangements for an
engineering firm to perform this engineering analysis; however the Developer understands that
this engineering analysis would be solely at the Developer's cost and expense.
E. It is anticipated that the Development will require a minimum of three, and a maximum
of four off -site connections from the Loop 288 water transmission system, to serve the build out
condition for this Development. The waterline along Milam Road will provide an additional
supply. The overall density of the project, the land uses and fire protection requirements; the
phasing of the Development; and the sizes and timing of the off -site waterlines will have a
bearing on the number of connections required and their required size.
F. All waterline extensions shall be designed under current City subdivision and
development code and design criteria manual requirements. The analysis and review will be
required during the general development and the preliminary plat process.
G. All off -site water line extensions will be subject to consideration for oversize
participation agreements by the City in accordance with current City subdivision and
48683 4
development code requirements. Oversize participation agreements are subject, however, to
approval by the Denton City Council after receiving a recommendation from the City of Denton
Public Utilities Board.
H. The Developer may elect to request a pro-rata agreement from the City for any off -site
water improvements in accordance with current City subdivision and development code
requirements. Pro-rata agreements are subject to approval by the Denton City Council after
receiving a recommendation from the City of Denton Public Utilities Board.
1. All waterlines in the Development shall be installed within dedicated City street right-of-
ways or within public utility easements, as are approved by the Director of the City's Water
Utilities Department. Extensions of waterlines along Locust Street (FM 2164) and Milam Road
(FM 3163) will require a public utility easement of a minimum width of twenty (20') feet,
located adjacent to the future right-of-way dedication for FM 2164. The Developer expressly
recognizes and understands that the location of waterlines within the FM 2164 Highway right-of-
way will not be approved by the City.
5. Design of Public Improvements; Approval of Plans and Specifications. All public
improvements associated with the Developer's construction project and the City's construction
project (hereafter the "Public Improvements") shall be designed and constructed in accordance
with the City's standard specifications for public works construction; which specifications are
incorporated herewith by reference.
A. Construction for the Developers construction project shall not commence until the
Developer and its contractor enter into the City's standard three-way public works contract
between the City and the Developer, and its contractor (the "Three -Way Agreement"); and a
performance bond in the amount required; a payment bond; and required insurance certificates
are delivered to the City, in the form and substance required by the City.
6. Notices. Any notice, demand or other communication required or permitted to be
delivered hereunder (other than invoices to be delivered as hereinafter described) shall be
deemed received when sent by United States mail, postage pre -paid, certified mail, return receipt
requested, addressed to each respective party, or sent via facsimile to the fax number set forth for
each party at the time indicated on the confirmation of transmission generated by the sender's
electronic equipment, as follows:
If to the City:
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
Attention: Howard Martin
Assistant City Manager/Utilities
Fax No.: (940) 349-8120
48683 5
With a copy to:
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
Attention: Jim Coulter
Director of Water Utilities
Fax No.: (940) 349-8120
If to the Developer:
Denton 288 L.P.
C/O Tomlin Investments, Ltd.
4265 Kellway Circle
Addison, Texas 75001
Attention: Dan Tomlin, III, President
Fax No.: (972) 788-4247
With copies to:
Tomlin Investments, Ltd.
4265 Kellway Circle
Addison, Texas 75001
Attention: Rod Zielke, Partner
Fax No. (972) 788-4247
The parties hereto may change their respective notice addresses for all communications and
invoices, by a written notice delivered to the other party, in accordance with the terms of this
Section 6.
7. Time is of the Essence. Time is of the essence in the performance of obligations
under this Agreement.
8. Governing Law and Regulatory Authority. This Agreement was executed in the State of
Texas and shall be governed by, construed, interpreted, and enforced all in accordance with the
laws of the State of Texas. All obligations of the parties created under this Agreement are fully
performable in Denton County, Texas. The parties agree that exclusive venue for any lawsuit
enforcing or interpreting any of the rights and obligations, or for any other cause of action arising
under this Agreement, shall be a court of competent jurisdiction in Denton County, Texas.
9. Entirety of Agreement. This Agreement constitutes the sole and entire agreement
and understanding between the City and the Developer. Neither party hereto is bound by or
liable for any statement, representation, promise, inducement, understanding, or undertaking of
any kind or nature, whether written or oral, with regard to the subject matter hereof not set forth
or provided or herein. This Agreement replaces all prior agreements and undertakings between
the parties hereto with regard to the subject matter hereof. It is expressly agreed that the Parties
may have other agreements covering other services not expressly provided for herein, which
agreements are unaffected by this Agreement.
10. Force Maieure. The City and the Developer shall not be in default or otherwise
liable for any delay in, or failure of performance under this Agreement if such delay or failure
arises by any reason beyond its reasonable control, including any act of God, any acts of the
common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or
delay in transportation or communications, or any act or failure to act by another third party or
such other third party's employees, or agents. However, the lack of funds shall not be deemed to
be a reason beyond a party's reasonable control. The parties will promptly inform and consult
with each other as to any of the above causes, which in their judgment may or could be the cause
of a delay in the performance of this Agreement.
11. Severability. If any term or provision of this Agreement is held by a court to be illegal,
invalid, or unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid or
unenforceable term or provision there shall be added automatically to this Agreement a legal,
valid or enforceable term or provision as similar as possible to the term or provision declared
illegal, invalid, or unenforceable.
48683 6
12. Attorney's Fees. Should either Party to this Agreement commence legal proceedings
against the other to enforce the terms and provisions of this Agreement, the Party who does not
substantially prevail in the proceeding(s) shall pay a reasonable amount of attorney's fees and
expenses (including, but not limited to expert witness fees and deposition expenses) incurred by
the substantially prevailing Party.
13. Amendment. This Agreement may be amended only upon the mutual agreement of both
of the Parties hereto, which amendment shall not be effective until it is reduced to writing and
authorized and executed by the Parties.
14. Assi >ng ability. The City and the Developer agree that this Agreement may not be
assigned without the prior written consent of the other party due to the special covenants, nature,
and subject matter of this Agreement; provided, however, Developer shall have the option to
assign this Agreement or any part of this Agreement or any right, title or interest of Developer
under this agreement to a (a) any person or entity (Developer Assignee"); provided that the
creditworthiness of the proposed Developer Assignee is equal to or greater than that of the
Developer; or (b) any lender providing refinancing for the acquisition and/or development of the
Development in whole or in part, upon the written consent of the City provided:
(a) The assignment is in writing, executed by Developer and the Developer Assignee
following the advance written consent of the City; and
(b) The assignment incorporates this Agreement by reference and fully binds the
Developer Assignee to perform (to the extent of the obligations assigned) in
accordance with this Agreement; and
(c) A copy of the executed assignment is provided to all parties.
From and after the effective date of any assignment by the Developer, the City agrees to look
solely to the Developer Assignee for the performance of the obligations assigned, provided,
however, no assignment by Developer shall release Developer from any liability to the City that
arose from an event of default by Developer (or from any failure by Developer which, if not
cured, would constitute an event of default) that occurred prior to the effective date of the
assignment. Each Developer assignee shall become a party to this Agreement when a copy of
the executed assignment has been provided to all of the parties.
15. No Waiver. The failure of he City or the Developer to insist, on any occasion, upon
strict performance of any provision of this Agreement will not be considered to waive the
obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of
any term of this Agreement shall be deemed or construed to constitute a waiver of any other
breach or violation, whether concurrent or subsequent, and whether of the same or of a different
type of breach or violation.
16. No Third -Party Beneficiaries. This Agreement is not intended to, and does not
create rights, remedies, or benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties hereto and their permitted successors -
in -interest; and the obligations herein undertaken and assumed are solely for the use and benefit
48683 7
of the Parties, their successors -in -interest, and any permitted assigns pursuant to the terms and
provisions of this Agreement.
17. Paragraph Headings and Construction of Agreemcnt. The descriptive headings of
the various articles and sections of this Agreement have been inserted for the convenience of
reference only, and are to be afforded no significance in the interpretation or construction of this
Agreement. Both Parties hereto have participated in the negotiation and preparation of this
Agreement, which shall not be construed either more or less strongly against or for either Party.
18. Gender. Within this Agreement, words of any gender shall be held and construed
to include any other gender, and words in the singular number shall be held and construed to
include the plural, unless the context otherwise requires.
19. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference for
all purposes, wherever reference is made to the same.
20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns.
21. Multiple Counterparts. This Agreement may be executed in four (4) original
counterparts, each of which is deemed an original, but all of which constitute but one and the
same instrument
22. Authority. The City represents that this agreement has been approved and duly
adopted by the City Council of the City in accordance with all applicable public meetings and
public notice requirements (including, but not limited to, notices required by the Texas Open
Meetings Act) and that that the individual executing this Agreement on behalf of the City has
been authorized to do so. Developer represents that this Agreement has been approved by
appropriate action of Developer and that the individuals executing this Agreement on behalf of
Developer have been authorized to do so.
SIGNATURE PAGE IMMEDIATELY FOLLOWS THIS PAGE
48683 8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be igned by their
respective duly -authorized officials and officers on this the day of
,ylrl/f1!, , 2007. .
"CITY"
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
2�By: c —
GEO GE C. CAM BELL
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
C
--vr, v'ELOPER"
Denton 288, Ltd,
By:Denton 2
A I exasymitep
Its Geu&al PaAn
Name
Manager
company,
48683 9
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF DENTON
/}This instrument was acknowledged before me, on this S216 day of
2007, by George C. Campbell, City Manager of the City of Denton,
Texag a Municipal Corporation, on behalf of the same.
L.S.
o°'�+'�;'•, JANE E. RICHARDSON
_'`•� `` Notary Public, State of Texas
My Commission Expires
June 27, 2009
STATE OF TEXAS §
COUNTY OF DALLAS §
&V � h(47,1,,lade,
w
N�itary Public in and for the State of Texas
his instrument was ackn4wled>ed before me, the undersigned authority on this o(I day
of 2007, by wj� J)� �� b , the Manager of DENTON 288 GP,
LLC., a Tex s limited partnership, acting on behalf of DENTON 288 L.P.
[L.S.]
N ary Public# an 'I for he State of Texas
,o�;q�G�•.,� EMILY REYNOLDS
Notary Public, State of Texas
My Commission Expires
January 26, 2011
S:�Our nocuments�ContraeOWA IiIIs of Denton -Sewer & Water FaciIitics-Agreement-2007-MSC Drall 040507.doc
49683 10
EXHIBIT "A"
LEGAL DESCRIPTION OF THE DEVELOPMENT
LEGAL DESCRIPTION
All that certaintract of land situated in the Morris May Survey, Abstract Number 807, the.J. S.
Collard Survey, Abstract Number 297, the Alexander White Survey, Abstract Number 1406, and
the Victor Gaiter Survey Abstract Number 452,'Denton County, Texas andbeing all of the called
299.738 acre tract described in the deed .from Nairn/Oates & Galloway, Inc. to Larry E.'Kuhiken
et ux recorded in Volume 1312,.Page 146 of the Real .Property Records of Denton County,
Texas, part of the called 384.521 acre tract described in the Deed from Amwest Savings
Association to Lawrence E. Kuhlken et ux recorded in Volume 3134, Page 537, of the said Real
Property Records, and all of the called 64.871 acres described in the Deed from Elsie L. Cole to
Larry E. Kuhlken et ux recorded in Volume.2360, Page 633 of the Real Property. Records; the
subject tract being more particularly described as follows:
BEGrNN1NG for the Southeast corner of the tract being described herein at a 5/8 inch .ironrod
found at the Southeast corner of the 299.738 acre tract :and the Northeast comer of the called
110.257 acre tract described in the Deed from Teri. Taylor Companies, Inc. to Vandalar Partners
recorded under Clerk's Pile Number 93-0094497 on, the South line of the Victor E. Gailor
Survey, Abstract Number 452 and the Westright-of-way.lineof PM Highway 2164;
THENCE North 88 degrees 42 minutes 41 seconds West generally along an established fence
linewiththe South line of the 299.738 acre tract a distance of 4851.39 feet to a'/ .inch iron rod
.found at a fence corner post in an abandoned road;
THENCE North 01 degrees 12 minutes 24 seconds East generally along an established fence line
in the old roadwith the West line of the.299.738 acre tract a distance of It 86.17 feet to a '/2 inch'
iron rod found at a fence comer post at the reentrant corner thereof,
THENCE North 88 degrees 22 minutes 51 seconds West, a. distance of 1733.23 feet to a fence
comer post at. the Southwest comer of the 299.738 acre tract;.
THFNCE North 88 degrees 28 minutes 53 seconds West generally along an established fence
.line with the South line of the 64.871 acre tract.a distance of 596.11 feet to a '/2 inch iron rod
found at an angle point therein;
THENCE North 89 degrees 09 minutes 15 seconds West continuing with the South .line of the
64.87.1 acre tract a distance of 1092.40 feetto a'/2 inch iron rod found with a yellow plastic cap
hereinafter referred tows a'/2 inch iron rod found;
THENCE_ South 70 degrees 01 minutes 42,seconds West a distance of 1. 10.83 feet to a 'h. inch
iron rod found;
THENCE North 88 degrees 49 minutes.03 seconds West a distance of 685.29.fect to a %2 inch
iron rod found;
THENCE North 01 degrees 51 minutes 27.seconds East a distance of 39.81 feet to a.'/2 inch iron
rod found;
Legal Description — Page I
THENCE South 89 degrees,30.minutes 12'seconds East a distance of 624.61 feetto a°jh.inch iron
rod found;
THENCE North 01 degrees 00 minutes 50 seconds Fast generally -along an established fence line
with the West line of the 64.871 acre tracts distance of 1764.26 feet to.a cross -tic fence corner
post at the Northeast corner of the called A4.823 .acres described ':in the Deed from Lntil
Schwan to Ruby Finch recorded in Volume497,.Page 54Tof the Real Property Records and the
niost Southerly. Southeast corner of the called 72.769'acres described in. the Deed from Richter,
Irwin, Delaney ct ux to Thomas K.-Fulton et us recorded in VolurnciM; Page 373) of the Real
Property Records;
T14ENCE North 00 degrees 39.'minutes;51 seconds East generally along an established fence line
with the West -line of the 64.871 acre tract,a distance of 140.82 feet to a'fence corner post at,the
Northwest corner thereof;
THENCE South 88 degrees 10'minutes 37 seconds Eagt',gencrally,along dh established tense line
with the North line of the 64.871acre fractkind 'the South, line of the 72i769 acre tract a distance,.
of 1089.99. feet to a'/z inch iron rod found at,a fence corner.,at"tile Southeast corner thereof,. the
Northeast corner of'the 64:871 acre tract, and:an,an,gle point_ on.the'WesP, line of thet384.521 acre:
tract;
THENCE North 00 degrees 58 minutes716 seconds 1 astalong a well'establishcd'fence withahe
East line of the called 0.022 of an acrc'tracudescribed.in the -deed from Lawrence E. Kuhlkeri &:,
Jeanine Kuhlken to Thomas K. Fulton et-ux'recordcdiunder. Clerk's'1"ile Number. 2604-82939;:a
distance of 660.87 feet to a '/z inch iron rod'with a yellow plastic cap stamped "COLEMAN
R.P.L.S. 4001" set at a fence corner post at the Northeast corner thereof;
THENCE North 86' degrees 29 minutes 04 seconds. West along= a fence called .for in the
description of the 72.769 acre -tract and the,North line of the said 0.022 of an acre tract distance
of 2.90 feet to the Northwest comer thereof on the West line of the 384:521 acre tract;"
'THENCE North.00 degrees 43 minutes 13 seconds Fast with the West line of the 384.521 acre
tract and East of an established fence a distance of 141 1.39 feet to a %, inch -iron rod' found with a
plastic cap stamped "Alliance" at,the Northwest corner thereof;
'THENCE South 88 degrees52 minutes 53 seconds F.astgcnerally.-along an established fence line
with the* North line of the 384.521, acre tract a distance of 1928:72 fectIo a4 inch iron pipe
found at an angle point therein;
THENCF_.South.89'degrecs 50 minutes "1 I "seconds Fast continuing generally, along;a' fence'part
of,the way and with the North line of the 384.521 acre tract,a_distance of 1482.37 feet to.a Ya,inch
iron rod found at'the Northerly Northeast corner thereof;
THENCL South 00 degrees
and with the most Northern
fence corn cr;post;-
Legal Description — Page 2
06 minutes '38 seconds' East generally along a fence part of the way
East line of the 384.521 .acre tract a distance of 1201.42 feet. to a
48683 12
THENCE South 89 degrees 56 minutes 31 seconds East. generally along an established lence.line
with the North line of the 384.521 acre tract a distance of3898.05 feet to a '/z inch iron rod found
at the Easterly Northeast corner thereof on the West right-of-way tine of:the.FM.Flighway.2164;
THENCE with the West right-of-way line of FM"Highway 2164 and the East line' of the 384.521
acre tract the following 9 calls:
1. South-00 degrees 43 minutes 02 seconds West. a' distance of 602;28 feet to a'/z inch iron
rod found;
2. South 06 degrees 25 minutes'13 seconds West a distzincc of 100.44 feet to a Y, inch iron.
rod found;
3. South OO,degrees 40.minutes, 50 seconds West a distance of200.02'feet-to a %Z inclU iron
rod found;
4. South 04 degrees 58 minutes 49 seconds East,a-distance of 100.212 X.ect to a % inch iron
rod found;
5. South 00 degrees40 minutes 43:secondsWest a distance of 400.12 feet to a.'/cinch iron
rod found;
6. South 09 degrees.04 minutes 23 seconds West a distance.61`.101.09 feet.to a,%z inch iron
rod found;'
7. South 00 degrees 46 minutes 43 secbrids Wcst;a distance of 299.68 feet to a wood right -
of --:way found:
8. South 07 degrees 40,minutes 33-'secoiids.Easta.,distance:of 101;63 feet to a %, inch;iron
rod found;
9. South 00 degrees 42 minutes 49 seconds West a,distance of 238.45 feet to:a % inch iron
rod found at the Southeast corner of the 384.5,21 acie tract and the Northeast corner of'the-
299.738 acre tract;
THENCE.South 00 degrees 41 minutes 38 seconds W.estwith°the Wesixight-of-xvay line,ofFM
Highway 2164 and 'the East line of the 299.738 acre tract a distance of-1941.06, feet to the
PLACE OF BEGINNING and ENCLOSING 748.983 acres.
Legal Description.— Page�3
48683 13
EXHIBIT "B"
ILLUSTRATION OF THE OFF -SITE SEWER
FACILITIES
EXHIBIT "B"
ILLUSTRATION OF THE OFF -SITE SEWER FACILITIES
1
Jf- FILPROPER
PROPOSE] O'-F_AR CREEK •
N gCEFMR
1
I
,`
LI:ASEf
R EZ .� CLEAR O4 EK WATER
�� RECLAYnoVPLV(T
✓� N-� I\Y�
v
JS
PRo:0EE0 LlF. VA104
I.,.
PRCPO D FO E MA V
`•
1t kR GREEK
RE�LAAI�TIOK
FLkY Pi^P-E iW
L
~
F
EXHIBIT B
0
1 inch equals 5,000 feet
48683 14