Meadows Strategic Partnership Agreement Denton County
Juli Luke
County Clerk
Instrument Number: 73355
ERecordings-RP
AGREEMENT
Recorded On: July 11, 2024 08:06 AM Number of Pages: 30
" Examined and Charged as Follows: "
Total Recording: $141.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 73355 Corporation Service Company
Receipt Number:
Recorded Date/Time: July 11, 2024 08:06 AM
User: Jennifer K
Station: Station 38
STATE OF TEXAS
G�UNTJ COUNTY OF DENTON
E j I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
G Juli Luke
846 County Clerk
Denton County, TX
ORDINANCE NO. 24-1103
AN ORDINANCE OF THE CITY OF DENTON APPROVING A STRATEGIC PARTNERSHIP
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY MUNICIPAL
UTILITY DISTRICT NO. 16;AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY
TO EXECUTE THE STRATEGIC PARTNERSHIP AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 18th, 2020, the City Council of the City of Denton adopted
Resolution No. 20-1379, consenting to the creation of Denton County Municipal Utility District
No. 16 (the "MUD"), and Resolution No. 20-1496 approving a Development and Consent
Agreement, pursuant to which the City and the MUD were obligated to execute the Strategic
Partnership Agreement attached as Exhibit A;and
WHEREAS, in compliance with Texas Local Government Code Section 43.0751, notices
of publication were published in the Denton Record Chronicle,a newspaper of general circulation
in Denton, Denton County,Texas,on May 25,2024,and June 8,2024,giving notice of two public
hearings to be held at Denton City Hall, 215 E.McKinney Street,Denton,Texas on June 4,2024,
and June 18,2024; and
WHEREAS,the City of Denton, Texas and Denton County Municipal Utility District No.
16 (Meadows MUD) have negotiated a Strategic Partnership Agreement setting forth the terms
and conditions for annexation of commercial use areas for the sole and exclusive purpose of
imposing and collecting sales and use taxes within such districts,and which contains the District's
consent to such annexation, which Strategic Partnership Agreement is authorized pursuant to the
authority of Section 43.0751 of the Texas Local Government Code;and
WHEREAS,the Strategic Partnership Agreement,as drafted and attached to the agreement
approved by Resolution No. 20-1496, calls for the signature of the Mayor on behalf of the City;
and
WHEREAS,the City Council finds that it is in the best interest of the City to approve the
Strategic Partnership Agreement and authorize and direct the Mayor of the City to execute the
Strategic Partnership Agreement;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The above recitals are adopted as findings of the City Council.
SECTION 2.The Mayor of the City of Denton is hereby authorized and directed to execute
the Strategic Partnership Agreement (a copy of which is incorporated by reference herein and
attached hereto as Exhibit A) between the City of Denton, Texas and Denton County Municipal
Utility District No. 16 covering the property more particularly described in the Strategic
Partnership Agreement and the owners of the Property subject to the agreement.
SECTION 3. The City Manager, or their designee, is hereby authorized to carry out the
duties and responsibilities of the City as provided in the Strategic Partnership Agreement.
SECTION 4. If any portion of this Ordinance shall be determined to be invalid, the
invalidity does not affect the effectiveness of any other portion of this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this Ordinance was made by j;, j Jzs 4u and
seconded by 19r.,IlQ the Ordinance was passed and approved by
the following vote [ - 0
Aye Nay Abstain Absent
Mayor Gerard Hudspeth: ,/
Vicki Byrd,District 1:
Brian Beck,District 2: J
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 �� day of U h ,2024.
00
GERARD HUDSPETH,MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
CxJI J
Exhibit A
's
STRATEGIC PARTNERSHIP AGREEMENT BY AND BETWEEN
THE CITY OF DENTON,TEXAS AND
DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 16
STATE OF TEXAS §
COUNTY OF DENT01�1 §
This Strategic Partnership Agreement (this "Agreement") is entered into by the City of
Denton, Texas, a home rule municipality situated in Denton County, Texas (the "City"), and
Denton County Munici�al Utility District No. 16, a political subdivision of the State of Texas,
acting by and through its duly authorized Board of Directors(the"District"),under the authority
of Section 43.0751 of the Texas Local Government Code(the"Local Government Code").
RECITALS
WHEREAS,Local Government Code Section 43.0751 (the"Act")authorizes the City and
the District to negotiate:and enter into a strategic partnership agreement by mutual consent; and
WHEREAS, the District encompasses approximately 552.985 acres, all of which are
located within the Ciryis extraterritorial jurisdiction, described by metes and bounds on Exhibit
"A"(the"Property");and
WHEREAS, thl City desires to annex certain portions of the Property that have been or
may in the future be designated for commercial use for limited purposes for the purpose of
collecting Sales and Use Tax Revenues(hereinafter defined); and
WHEREAS, subject to the terms of this Agreement, the District consents to the City
annexing the commercial use areas within the District for the sole and exclusive purpose of
imposing and collecting sales and use taxes within such areas;and
WHEREAS, pursuant to the Act, the Parties desire to enter into this Agreement to
accomplish the annexation by the City for the sole and exclusive purpose of imposing and
collecting sales and use taxes within the commercial use areas of the Limited Purpose Property
(hereinafter defined);and
WHEREAS,pursuant to this Agreement,the Ci*m'ill pay to the District an amount equal
to a portion of such Sales and Use Tax Revenues(hereinafter defined),which may be used by the
District to fund the installation and construction of infrastructure and for other purposes as set forth
in Section 4.3 of this Agreement;and
WHEREAS, 'e City and the District acknowledge that this Agreement provides benefits
to each parry, includin revenue,services and regulatory benefits.
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NOW,THEREFORE,for and in consideration of the mutual agreements, covenants and
conditions contained in this Agreement,and for other good and valuable consideration,the receipt
and sufficiency of which are hereby acknowledged,the City and the District agree as follows:
ARTICLE I
Fl"INGS
A. The District is a municipal utility district encompassing approximately 552.985
acres that are within the;City's extraterritorial jurisdiction.
B. The District was created by the Texas Commission on Environmental Quality(the
"TCEQ") pursuant to Article XVI, Section 59, and Article III, Section 52(bx3), of the Texas
Constitution, and Chapters 49 and 54 of the Texas Water Code, as amended.
C. On Augulst 18,2020,the City Council adopted Resolution No.20-1379 consenting
to the creation of the 'District(the"Consent Resolution").
D. The District provided notice of two public hearings concerning the adoption of this
Agreement following the District's notification procedures for other matters of public importance,
in accordance w the pr
ocedural rocedural requirements of the Act.
E. The Board of Directors of the District conducted two public hearings regarding this
Agreement, at which members of the public who wished to present testimony or evidence
regarding this Agreement and the proposed limited purpose annexation were given the opportunity
to do so, in accordance with the procedural requirements of the Act,on April 18, 2024, at 12:00
p.m. at 1213 Country Club Road, Argyle, Texas 76226;and on April 25, 2024, at 12:00 p.m. at
1213 Country Club Road,Argyle,Texas 76226.
F. The Board of Directors of the District adopted and approved this Agreement on
April 25, 2024, in open session at a meeting held in accordance with Chapter 551 of the Texas
Government Code.
G. The City provided notice of two public hearings concerning the adoption of this
Agreement by publishing said notices in a newspaper of general circulation in the City and in the
District, in accordance with the procedural requirements of the Act.
H. The City Council conducted two public hearings regarding this Agreement, at
which members of the public who wished to present testimony or evidence regarding this
Agreement and the proposed limited purpose annexation were given the opportunity to do so, in
accordance with the procedural requirements of the Act,on June 4, 2024,at 6:30
p.m.at the City Council Chambers,and on_ June 18 ,2024,at 6:30 p.m.at the City
Council Chambers.
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I. The Cityi Council adopted and approved this Agreement on Tune 18 .
2024, in open session at,a meeting held in accordance with Chapter 551 of the Texas Government
Code, which approval!occurred after the Board of Directors of the District approved this
Agreement.
J. All procedural requirements imposed by law for the adoption of this Agreement
have been met.
K. Iri actor Mce with the requirements of Subsection(px2)of the Act,this Agreement
provides benefits to the City and the District, including revenue,services and regulatory benefits
which are reasonable and equitable with regard to the benefits provided to the other.
L. The Act authorizes the City and the District to enter into this Agreement and to
define terms under which services,if any,will be provided to City and the District and under which
the District will continue to exist after the Property is annexed for limited purposes pursuant to
this Agreement
M. This Agreement does not require the District to provide revenue to the City solely
for the purpose of an agreement with the City to forego annexation of the District.
N. All the terms contained in this Agreement are lawful and appropriate to provide for
the provision of municipal services.
4. The City and the District negotiated this Agreement by mutual consent; the terms
of this Agreement are not a result of the City's annexation plan or any arbitration between the City
and District.
ARTICLE H
DEFINITIONS
Terms used in this Agreement shall have the following meanings:
"Act"means the Texas Local Government Code, Section 43.0751, and any amendments
thereto.
"Agreement" means this Strategic Partnership Agreement between the City and the
District.
"Board of Directors"means the Board of Directors of the District.
"City"means the City of Denton, Texas,a home rule municipality of the State of Texas.
"City Council"imeans the City Council of the City.
4879-7059-0134.v2
"City Share" means the City's share of the Sales and Use Tax Revenues as defined in
Section 4.2 of this Agreement.
"Commercial Property" means those certain tracts within the District that are adjacent to
and abutting U.S.Highway 380,which tracts are within the City's ETJ.
"Comptroller"means the Comptroller of Public Accounts for the State of Texas.
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"Consent Resolution"means the City's Resolution No.20-1379 consenting to the creation
of the District.
"Development and Consent Agreement"means the Development and Consent Agreement
Concerning Denton County Municipal Utility District No. 16 by and between the City, VS
Development, LLC ("VS") and Olex (United States), Inc. ("Olex" and, collectively with VS,
"Owners")effective August 18,2020,regarding development of the Property.
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"District"means Denton County Municipal Utility District No. 16.
"District Share"means the District's share of the Sales and Use Tax Revenues as defined
by Section 4.2 of this Agreement.
"ETJ" mans the extraterritorial jurisdiction of a city as defined by the Local Government
Code,as amended.
'Effective Date'.'means the date on which the City adopts this Agreement.
"Government Code"means the Texas Government Code,as amended.
"Implementatio Date"means the date the limited-purpose annexation ordinance is passed
by City Council pursuaJit to Sections 3.4,3.5 and 3.6.
"Limited Purpose Annexation Period"means the period commencing on the effective date
of the limited purposei annexation of the Limited Purpose Property and ending upon the full
purpose annexation or disannexation of such property.
"Limited Purpose Property" means the property in the District that is within the City's
ETJ and is annexed p11<suant to Sections 3.4,3.5 and 3.6.
"Local Government Code"means the Texas Local Government Code,as amended.
"Notice"mean notice as defined in Section 7.1 of this Agreement.
4878.7059-0134.v2
"Party" means, ,individually, the City or the District, their successors and assigns as
permitted by Section 7.8 of this Agreement.
"Property" means the approximately 552.985 acres located partially within the City's
extraterritorial jurisdiction,described by metes and bounds on Exhibit"A"
"Sales and Use Tax Revenues"means those revenues received by the City from the sales
and use tax authorized to be imposed by the City on sales consummated at locations within the
Limited Purpose Property pursuant to the Act and Chapter 321 of the Tax Code and whose use is
not otherwise controlled or regulated, in whole or in part, by another governmental entity,
authority or applicable iaw, ordinance,rule or regulation.
"Tax Code"means the Texas Tax Code,as amended.
ARTICLE III
ADOPTION OF AGREEMENT AND
LIMITED PURPOSE ANNEXATION OF CO_MM_ ERCIAL PROPERTY
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3.1 Pub ' earings. The District and the City acknowledge and agree that prior to the
execution of this Agreement,the governing bodies of the District and the City have conducted two
public hearings for thel purpose of considering the adoption of this Agreement and that such
hearings were noticed and conducted in accordance with the terms of the Act,this Agreement and
Chapter 551 of the Government Code.
3.2 Effective Date. Pursuant to Subsection(c) of the Act,this Agreement is effective
on the date of adoption of this Agreement by the City.
3.3 Filing iri Property Records. The District shall file this Agreement in the Real
Property Records of Denton County,Texas. This Agreement binds each owner and future owner
of land included within!the District's boundaries in accordance with Subsection(c)of the Act.
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3.4 Limited Annexation of Commercial Property. The District and the City
agree that the City may annex all or any portion of the Commercial Property for the limited purpose
of collecting Sales and Use Tax Revenues within the Commercial Property pursuant to Subsection
(k) of the Act. The District acknowledges that the City Council may adopt one or more limited
purpose annexation ordinances at one or more meetings conducted in accordance with Chapter
551 of the Government Code and further acknowledges that no additional notices, hearings or
other procedures are required by law in order to approve such limited purpose annexations. The
City may annex:for limited purposes any portion of the Commercial Property at any time after
Owners, or any subsequent owner of the Commercial Property, submits a final plat for such
property to the City.
4878-7059-0134.v2
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�Mse3.5 Limited Annexation of Additional Commercial Properly. If in the future
any non-commercial land within the District as of the Effective Date is converted to any
commercial use,the District and the City agree that the City may annex such additional commercial
land(the"Additional Commercial Property's for the sole and exclusive purpose of imposing sales
and use taxes within the Additional Commercial Property, pursuant to this Agreement. The
District acknowledges and agrees that the City Council may adopt a limited purpose annexation
ordinance applicable to the Additional Commercial Property at a meeting conducted in accordance
with Chapter 551 of the Texas Government Code and that no further notices, hearings, or other
procedures shall be required to adopt such limited purpose annexation ordinance. The City may
annex for limited purposes any portion of the Commercial Property at any time after Owner, or
any subsequent owner of the Commercial Property, submits a final plat for such property to the
City.
3.6 Limited Pmase Annexation of Connecting Land. The District and the City
further agree that the City may limited purpose annex additional Iand within the District(up to a
maximum width of 1,001 feet) as reasonably necessary to connect the Commercial Property or
Additional Commercial Property to the corporate or extraterritorial limits of the City (the
"Connecting Limited Purpose Property"). The City may annex Connecting Limited Purpose
Property for the' sole and exclusive purpose of imposing sales and use taxes pursuant to this
Agreement. The District acknowledges and agrees that the City Council may adopt a limited
purpose annexation ordinance applicable to the Connecting Limited Purpose Property at a meeting
conducted in accordance with Chapter 551 of the Texas Government Code and that no further
notices, hearings, or other procedures shall be required to adopt such limited purpose annexation
ordinance.
3.7 Limited I EgMse Provegy and Sales and Use Tax Revenuies. For purposes of this
Agreement,the Commercial Property,Additional Commercial Property,and Connecting Limited
Purpose Property shall collectively be referred to as the"Limited Purpose Property";and the sales
and use taxes collected within the Limited Purpose Property shall be referred to as the"Sales and
Use Tax Revenues".
3.8 Consent to Limit se Annexation. The District, on behalf of itself and all
present and future owners of land within the District, hereby requests that the City annex the
Limited Purposes Property for limited purposes as provided in this Agreement. The District
expressly consents to such annexation, from time to time,and to the collection of Sales and Use
Tax Revenues by the City within such Limited Purpose Property. Such consent shall bind the
District and all current and future owners of land within the District.
ARTICLE IV
TAXATION AND PROVISIONS OF SERVICES
4.1 Collection of Sales and Use Tax Revenues. The City may impose a sales and use
tax within the Limited Purpose Property pursuant to Subsection(k)of the Act. The sales and use
4878-7059-0134.v2
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tax shall be imposed oni all eligible commercial activities at the rate allowed under the Tax Code
and imposed by the City. Collection of the Sales and Use Tax Revenues shall take effect on the
date described in Section 321.102 of the Tax Code.
4.2 Payment of Sales and Use Tax. In return for the benefits received by the City
pursuant to this Agreemnt,the City shall pay to the District an amount equal to fifty percent(50%)
of the Sales and Use Tda Revenues collected within the Limited Purpose Property commencing
upon the effective date,lof the limited purpose annexation of the Limited Purpose Property. All
amounts payable�to the District are hereafter referred to as the"District Share." The City shall pay
the District Share within thirty(30)days after the City receives the sales tax report reflecting such
revenue from the Comptroller. Any payment of the District Share not made within such thirty(30)
day period shall bear interest calculated in accordance with Section 2251.025 of the Government
Code. The City shall retain all Sales and Use Tax Revenues that do not constitute the District
Share(the"City Share").
4.3 Use of the Sales and Use Tax Revenu . The District may use the District Share
for any lawful purpose.i The City may use the City Share for any lawful purpose.
4.4 Delivery,of Sales Tax Reports to Distri t. The City shall deliver to the District a
condensed version of each monthly area sales tax report provided by the Comptroller,containing
only the contents of thei sales tax report relating to retail sales and retailers in the Property within
thirty(30)days of City';s receipt of the sales tax report.
4.5 Notificaiion of Comptroller. The City shall send notice of this Agreement,together
with other required doc}' entation,to the Comptroller in the manner provided by Section 321.102
of the Tax Code, after the City Council annexes any portion of the Limited Purpose Property for
limited purposes. i
4.6 Termination of Sales and Use Tax Sharing. Upon termination of this Agreement,
the City shall have no further financial obligation to the District pursuant to this Agreement.
4.7 C-ity-Audit Rights. The District is required by law to prepare annual audits within
120 days after the close of the District's fiscal year, subject to the exemptions provided under
Section 49.198 of the Texas Water Code allowing for the District to file annual audit reports with
the executive director of the TCEQ in lieu of conducting an annual audit if it meets certain criteria
The District shall provide a copy of its annual audit or annual financial report to City within thirty
(30)days after the audit or financial report is completed. City may audit the District's expenditures
with the Sales and Use Tax Revenue paid under Section 4.2, solely to determine whether the
expenditures have been made by the District in accordance with Section 4.3. Any audit shall be
made at City's sole cost and expense and may be performed at any time during regular business
hours by City's internal auditors or an independent auditing firm on thirty(30)days'written notice
to the District. !For the purpose of any audits made by the City, the District shall maintain and
make available to City or its representatives all books,records,documents,and other evidence of
4878-7059-0134.v2
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accounting procedures or practices in whatever form maintained sufficient to reflect the
expenditure of all Sales and Use Tax Revenues that are subject to this Agreement.
ARTICLE V
TERM
This Agreement commences and binds the Parties on the Effective Date and continues until
the City annexes the Limited Purpose Property for full purposes or disannexes the Limited Purpose
Property. Any rights or privileges of the Parties and their successors or assigns under this
Agreement will terminate upon the expiration or termination of this Agreement. If the City elects
to annex the Limited Purpose Property for fall purposes or disannex the Limited Purpose Property,
the City will provide written notice to the District at least one hundred eighty (180) days before
such annexation or disaiinexation. If the District elects to dissolve, it shall provide written notice
to the City at least one hundred eighty(180)days before the dissolution.
ARTICLE VI
BREACH NOTICE AND REMEDIES
6.1 Noti cation of Breach. If either Party commits an alleged breach of this
Agreement, the non-breaching Party shall give Notice to the breaching Party that described the
breach in reasonable detail. A Parry receiving such Notice shall determine: (i) whether a failure
to comply with a!provision has occurred; (ii)whether the failure is excusable;and(iii)whether the
failure has been cured�will be cured by the purportedly breaching Party. The Parties shall make
available to each other such records, documents, or other information necessary to make these
determinations upon reasonable written request.
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6.2 Cure of Breach. The breaching Party shall commence curing such breach within
fifteen(15)calendar days after receipt of Notice of the breach and shall complete the cure within
thirty(30)calendar days from the date of commencement of the cure;however,if the breach is not
reasonably susceptible to cure by the breaching Parry within such thirty (30) day period,the non-
breaching Party shall not bring any action so long as the breaching Party has commenced to cure
the breach within such thirty(30)day period and diligently completes the cure within a reasonable
time without unreasonable cessation. A Party providing Notice of breach may provide for a longer
period of time to cure the alleged failure within its written notice.
6.3 &Medies for Breach. If the breaching Party does not substantially cure such breach
within the stated period of time,the non-breaching Party may, in its sole discretion,and without
prejudice to any other right under this Agreement,law,or equity,seek relief available at law or in
equity, including, but not limited to, an action under the Uniform Declaratory Judgment Act,
specific performance, imandamus and injunctive relief. Damages, if any, to which any non-
breaching Party may be entitled shall be limited to actual damages and shall not include special or
consequential damages. In addition, the prevailing Party in any such action shall be entitled to
4878-7059-01 3a.Y2
reasonable attorney's fees and costs of litigation as determined in a final,non-appealable order in
a court of competent jurisdiction.
ARTICLE VU
ADDITIONAL PROVISIONS
7.1 Notices. All notices under this Agreement("Notice") shall be in writing, shall be
signed by or on behalf of the Party giving the Notice,and shall become effective as follows: (a)
on the tenth(1 Oth)business day after being deposited with the United States mail service,postage
prepaid,Certified Mail,lReturn Receipt Requested addressed to the Party to be notified;(b)on the
day delivered by private delivery or private messenger service (such as FedEx or UPS) as
evidenced by a receipt signed by any person at the delivery address(whether or not such person is
the person to whom thel,Notice is addressed); or(c)otherwise on the day actually received by the
person to whom i the N tice is addressed, including, but not limited to, delivery in persona and
delivery by regular mai� All Notices given pursuant to this section shall be addressed as follows:
To the City: City of Denton
Attn: City Manager
j 215 E.McKinney St.
Denton,TX 76201
With a copy to: City of Denton
Attn: City Attorney
215 E. McKinney St.
Denton,TX 76201
To the District: Denton County Municipal Utility District No. 16
Attn: President,Board of Directors
c/o Coats Rose,P.C.
16000 N. Dallas Parkway, Suite 350
Dallas, Texas 75248
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With a copy to: Coats Rose,P.C.
Attn:Mindy L.Koehn
16000 N. Dallas Parkway, Suite 350
Dallas,Texas 75248
7.2 No Waive Any failure by a Parry to insist upon strict performance by the other
Party of any provision of this Agreement shall not be deemed a waiver thereof,and the Party shall
have the right at any time thereafter to insist upon strict performance of any and all of the
provisions of this Agreement. No provision of this Agreement may be waived except in writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purpose
for which it is given. No waiver by any Party hereto of any term or condition of this Agreement
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shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition.
7.3 Qmmn ing Law and Venue. This Agreement must be construed and enforced in
accordance with the laN�s of the State of Texas, as they apply to contracts performed within the
State of Texas and without regard to any choice of law rules or principles to the contrary. The
Parties acknowledge that this Agreement is performable in Denton County, Texas, and hereby
submit to the junsdicticn of the courts of Denton County, Texas, and agree that any such court
with proper jurisdiction shall be a proper forum for the determination of any dispute arising
hereunder.
7.4 A jghorit�to Execute. The City warrants that this Agreement has been approved by
the City Council in accordance with all applicable public meeting and public notice requirements
(including, but not limited to, notices required by the Texas Open Meetings Act) and that the
individual executing th's Agreement on behalf of the City has been authorized to do so. The
District warrants thats Agreement has been approved by the Board in accordance with all
applicable public meeting and public notice requirements (including, but not limited to, notices
required by the Open Meetings Act)and the individual executing this Agreement on behalf of the
District has been,autho� to do so.
7.5 Entire AI ment: SeverabiliV. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or written, covering the
subject matter of this Agreement. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason,then (a)such unenforceable provision
shall be deleted from this Agreement;(b)the unenforceable provision shall,to the extent possible,
be rewritten to be enforceable and to give effect to the intent of the Parties; and(c)the remainder
of this Agreement shall'remain in full force and effect and shall be interpreted to give effect to the
intent of the Parties.
7.6 Chan esl in State or Federal Law. If any state or federal law changes so as to make
it impossible for the City or the District to perform its obligations under this Agreement,the Parties
will cooperate to amend this Agreement in such a manner that is most consistent with the original
intent of this Agreement and legally possible.
7.7 Additional Documents and Acts. The Parties agree that at any time after execution
of this Agreement,they will, upon request of the other Party,execute and/or exchange any other
documents necessary to effectuate the terms of this Agreement and perform any further acts as the
other Party may reasonably request to effectuate the terms of this Agreement.
7.8 As ' Successors and Assiom. This Agreement shall not be assignable by
any Party without the other Party's written consent. This Agreement shall be binding upon and
inure to the beaefit ofj the Parties and their respective officers, directors, partners, employees,
representatives, agents; vendors, grantees and/or trustees, heirs, executors, administrators, legal
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representatives, success'rs and assigns, as authorized herein. No assignment by a Party will be
valid or enforceable unless all of the following conditions have been satisfied:
a. The assignment of the Agreement must be evidence by a recordable document (the
"Assignment"), the form of which must be approved in writing by the Parties (such
approval notito be unreasonably withheld);
b. The Assignment must expressly contain,among other reasonable requirements and/or
conditions of the Parties, an acknowledgment and agreement that all obligations,
covenants, a�d/or conditions contained in the Agreement will be assumed solely and
completely by the assignee, and also contain the name, address, phone number, and
electronic mail address of the assignee;
c. The Assignor must file any approved, executed Assignment in the Land Records of
Denton County,Texas;and
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d. Assignor shiall provide the other Party with a file-marked copy of the Assignment
within ten(110) days of filing the same.
7.9 Amendment. This Agreement may be amended only by written agreement with
approval of the ioverni�g bodies of both the City and the District.
7.10 Internretation. The Parties acknowledge that each Party (and, if it so chooses, its
counsel)has reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting Party shall not be employed in
the interpretation of this Agreement or any amendments or exhibits hereto. Unless otherwise
specified, as used in this Agreement,the term "including" means "including, without limitation"
and the term "days"means calendar days, not business days. Wherever required by the context,
the singular shall include a the plural, and the plural shall include the singular. Each defined term
herein may be used in its singular or plural form whether or not so defined. Headings in this
Agreement are for the convenience of the Parties and are not intended to be used in construing this
document. i
7.11 No Third-Party Beneficiaries. This Agreement is solely for the benefit of the City
and the District. Neither the City nor the District intends by any provision of this Agreement to
create any rights in any third-party beneficiaries or to confer any benefit or enforceable rights
under this Agreement or otherwise upon anyone other than the City and the District.
7.12 Governmental Powers. By execution of this Agreement, neither the City nor the
District waives or surrenders any of its respective governmental powers, immunities or rights,
except as specifically waived pursuant to this section. The City and the District mutually waive
their governmental immunity from suit and liability only as to any action brought by a Party to
pursue the remedies available under this Agreement and only to the extent necessary to pursue
4878-7039-0134.v2
such remedies. Nothing in this section shall waive any claims, defenses or immunities that the
City or the District has with respect to suits against the City or the District by persons or entities
not a party to this Agreement.
7.13 Inco ration gf E&Nbits by &eference. All exhibits attached to this Agreement
are incorporated into this Agreement by reference for the purposes set forth herein, as follows:
Exhibit A LI gal Description of Property
Exhibit B Plan Depicting Commercial Property
7.14 Countgrpart Originals. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
7.15 Recital§. The recitals contained in this Agreement: (a) are true and correct as of
the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the parties with regard to the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement,the
intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent!possible,given full effect. The Parties have relied upon the recitals as part of the
consideration for entering into this Agreement and,but for the intent of the Parties reflected by the
recitals, would not have entered into this Agreement, and the recitals are incorporated as part of
this Agreement's terms.
7.16 Voting lights in the District. Upon annexation of the Commercial Property for
limited purposes by the City, any qualified voters within the Commercial Property may vote in
City elections, pursuant to Local Government Code § 43.130(a). Voting rights are subject to all
state and federal laws end regulations. City will comply with all the notice requirements as set
forth in§43.130'of the t,ocal Government Code,as it now exists or is hereafter amended
S
7.17 Reservation of Rights. To the extent not inconsistent with this Agreement, each
party reserves all rights; privileges, and immunities under applicable laws. By entering into and
executing this Agreement, the City does not in any way waive, limit or surrender its sovereign
immunity.
7.18 Authori I Execution. All signatories certify and represent that the execution of
this Agreement is duly authorized and adopted in conformity with applicable law,and the signatory
has been provided with all authority, consent, and/or permissions necessary to bind his/her
respective principal to the terms set forth in this Agreement. The District certifies and represents
that the execution of this Agreement is duly authorized and adopted by its Board of Directors.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
4878-7059-0134.v2
i
CITY OFDENTON,TEXAS
By: -L� --
Mayor
Date:
ATTEST:
By:
Cjj I I no'n bQcLk—
"�City Secretary +
APPROVED AS TO FORM
By:
City Attorney
f
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument acknowledged before me,the undersignedno on f "
notary, the � day of
3 2024, by _Gc -• H a sa. L-- Mayor,
and
City Secretary,of the city of Denton,Texas,on behalf of said city.
Notary Public in and for the State of Texas
(NOTARY SEAL)
`JAI�ERIC CH�sCO
M ,
iM w i y Not 7 IQ#133681"If
4878-7039-0I34.v2
DENTON COUNTY MUNICIPAL
UTILITY DISTTRRJCT NO. 16
By: 0-1
Name: M11fl4m,01K
Title: V f
Date: A Arl
STATE OF TEXAS §
COUNTY OF n� §
This instrument was acknowledged before me, the and rsigned notary,on the 251b day of
April, 2024, by Ku�nPih 1�11�r'�aM�,,_ tc 'I
y2f of the Board of Directors
of Denton County Municipal Utility District No. 16, on behalf of said district.
Notary Public in and for the State of Texas
(NOTARY SEAL)
pit„stir CARSON H t_UDDECKE
NOTARY ID#133307%8
My Commission Expires
September 01,20125
4878-7059-0134_v2
I�
EXHIBIT"A"
I ;
ROMA
Teas 1
144.086 A'
BEIM a t of herd skueted is the Uberto AlhM Survey,Abstract No. 14.Wfl1>E=
Stamham Spivey,�No. 1145 and die HorW Young Survey,Abstract No, 145%
Denton , in a b�the remaining portion of a called pact One(153.488-
taauty Deed to Okx(UW*d States),brat., Vk&Olen
T�being moe puticotarly desk l y ISS,Deed Records �•mom and ids as Ethos:
BEMOIR�G at TXDOT t*ofway disk form¢on thewesWdy Use ofsaid
Tied One(153. for do cortinved comer of a called Parcel 17,desmiW in as
Agreed Aideffient io do State of Texas,mode in 1nekmment No.2012.8054,0Mcial
Records c1? County,Teuces,soma babas tiro=fdteast coats:of a called Parcel 16,
described lip a Deed to the Stde ofTexes,recorded in InottumadW 2009.71718,Off"
Records of Denton,'County,Texas,same also being the current nost oly right of way lino
of U.&Hi I� ;80.a V8[babl8 Width dgM of Way;
T1EiCB North 6°0 W West,depardog the nm&edy rigM of way Una of said U.&
Highway 38%ahs&a westerly lime of veld Tract One(133.488-acres)and generally
along a ba>W Wine fence,a distance of 2,236.16 feet to a metal lance oernor post found
for the IN thaveet traw of said Tract One(133.488-acies),same being the wAhwed
amwofacalled 1i931-acretractofhmd,damibod is a Sp=W WwwAyDeed to Vmwrd
W10410M LP,vocoidodIni ntNo.2011-79339,OffccialRecordtofDantanCoamy,
Texas;THENCRISoeth 61582V Baat,along the nobly lice of said Tract One(153A88.
acres),the su rly Iise of said 1.931-acre tract.the soadmly line of a called 5.00-acre
tract of lead, d In a Warranty Deed to Arai nda Nolen Nelson, eecorded in
InsuunredWo.2013-92845,011icW ttecarda of Denton City,Teatas,the sau&uIy Une
of a called j29.6390-ace tract of h►nd,described is a Special warranty Deed to Wancy Kay
Jones,recorded in nshturieatNo.2010-57685,OfeW Records of Denton County,Texas,
the aaAbq y Una of Myers Farm,an addithm g>tits City of Damon,according to the&W
plat,rzmred in Dowmant No.2011 77,Plat Records of Denton County,Texas,and
generally slang a,barbed Wire fence,a distance of 2091.04 feed to a 1/I-inah iron rod with
a yellow plastic+found far the soutbew cormar of said Myers Farm,same berg the
southwest ooroer of wiled 21.14SS-=e tract of hind described in a Special Wmvaty Deed
to Jemis J=Myers,recorded in baumme dNa 2010-57693.Official Raconis of Denton
Comity,TeXW
TMNCZI South 89°53 V Bast,continuing along the mn*edy lime of said Tract One
(153.48&a'cees),fhe southerly lime of aid 21,I4S5-arms tract,and Scumally moss a barbed
t to—toga t IMM2196"S
487&7059-0134.v2
i
f
I
vlbefinceJ a distance of 11W.48 feat to a 174=b iron rod found for**oordmo omm
of said Tnobt One(153.48&mW)and to smut m9 comer of sdd 21.145S4m tact,same
b f3 oa die w*aiiy dgkt of way lice of F.ls.IA a vsdOA width right of way;
TEZKCE 3onle 17-n 47"West,mlWS the eastedy time of said Tract One(133A88-Bates)
and the weottecty right of way One of said R j&1.%a disbatoe of"Leer 0)a 519-inch
iroa rod wM a red tap,stemoW"KHAO set at fh$beglemirtg ofs non4angm[carve
b tba tigb� 4�210136350
and dbtance of west, 149M feet,Rom Bald point,a wooden d&of
way rambir bears Souih 13.42'Went,3.93 feet
T jinn Ydimtkm,commanTag along theassurly Has ofsaidTtact One
(1S3.488-sus) Ilse wederly ftht ofway tbm of said F.ld.154 along said curve to
the right, arc dletam of 1494AS Ebel to a M inch iron rod wh a red Fbs&cap,
sbunped"K1iN"sat for canner,fiam which,a wooden d&of way bears 3a4ih
03003'weat,1.20 feet;
'11tME Sam&2V47"35"West,oomming aMng the ea Wly tine of said Tract One
(153. U4cres)and dw westerly rift of way line of add F.AL 156,a distance of S56.36
Beet to as ahm6x6 TXDOT right of way disc fimW for the northeast caner of aforesaid
Pared 17,eama bA*the Wbaromdon of the westerly r4 t of way time of said F.K i S6
wit-- dwa_�oII r6edY ofway Hine of aforesaid U.S.1 380;
17[»in a diracdca,dew �dw vmdty* of way line of said F.M.
15C aQ the line of add Parcel 17 and the nortim ly right of way tine of said
U.&Aighway 38�,dun followins
N�61°�40"west,a of 679.63 fed to as at m&m TXDOT right of
way disk for,corner;
7SW46"West,a distance of 2%.07 feet to an ahumimmf TXDOT dght of
way disk t aid tbr cars
38°1�Ir Weer,a distance of 54UI feet to an alnmitafm TXDOT rat of
WV dials f�for czar;
"62'OSW West,a distance of 218.57 feet to an altmo(mtm MOT right of
way disk 6=4 for cower,
South S6°0M-West,a diammoe of=43 Batt to an slum iamaa TXDOT 0&of
way diets found for oormar;
No 90*W wart,a&awe of 469.04 fed to an slnmrinum TXDOT right of
way&Gk ilk for caner;
i
' erTstbir A-Pgmlr 2
��aoa�cas
4878-7059-0134.v2
Noith 8rll5Wu West'a distance of 413.60 feet to die POINT OF SEGMUNG
suet o 144.086 arm(627dM squarefiedOoflaodmlre or k m
Tract 2
AL09 Acres
BS1M a of end situated 1n the Oconp W.Aadmta®Survey.Abstract No.12,
Marto Allen Survey,Abstract No.14.Edward F.Anderson Sauey,Abstract No.16,D.
1>LB 3t+vey,Abstract No.168.B.B.B A C.RR.Co,Surrey,Abstract No.
Ask vvQ Deason��°Y.Abstract No.1145 and the Hems Young Survey,Abstract
Teens caul being hte mnalolag poetm of a called?tact Three
(425. is a Oeumal Warranty Dead to Otex(United Swes),h rc,li9r/a
Max N.V„recorded in Volnme 1129,Fags 185,Deed Reoci ds of Denton
CY,T anJ being more pardcalarly deed by trteta and bounds as follows;
BFGQiP1EN(i at abataimsm T>mOT tight of way disk fcamd on ire easterly line of
sold Trot�Tbrae( .898-acaas�forthe comerof a called Parcel IS,descrand
in an Agreed ltrd `get to the State of fades,mooded in h9mxW No.20124 0554,
Ofeiel lit oc s Denton County.Texas,saw being the hausecan of the canent
30160tY 4t of dray line of u.S.f *my 380�a variable widh right of way ruin fie
westarly right of vfay Hu of F.N.156,a variable wilt right of way,
�Ina Y din,depating the swWwrly right ofway Nee of sold U.S.
80, ' the MWhr Hu of said Tract Three(42S.S98-acres)and the wwAdy
right of wdy line o add F.X 156,dw fo%wtng;
Sou&28.45'02"West,a diataaca of S81.24 feat to a SB-incb itoo rod whh a red
Plalsdo c*slaroped"ICHA-set at hie beginning of e t crave to tlae right
beving a oqftd aogte of Or49W.a tadias of$659.S8 riser,a chord bearing and
distance ISO*"-Mr West,376.93 tbat,
lm��y ditecdm ataug said curve to the right,err wo distance of
377.00 to a 5/8-m&hms rod with a red plastic cap.stamped"M-ant for
So Ah 27-4404-West,a diatataoe of 1IL70 feet to a 5J 4uh iron rod with a red
ph zdc cqt stamped-KHA"set for comer,from whisk a wooden not orway
ux dwrbeass South 44002'War.3.02 hat
Solt,32.34'02-West a die of 1000.02 f xt to a S/Wu&iwa rod with a red
p ca�moped"IMM ad for corner,bm wlaiek a wooden risk of way
661=bears Sondt 42017'West,2.01 jw4
South 38°lb'40"West,a dietaace of 100.50 6*to a 5194sch iron rcd with a red
pJistic stamped-MA-an far comer,$nm which,a wooden right of vuay
mid=baits South 44W War,2.44 feet
S*MA-hp3
lir1.•1119aafp9
1�
4878-7059-0134.v2
f
South 3 Ir Weal.a dMa�of(90M teat oo a-%$-Lich ima rod with a cad
l c+P. "XMU sat hr cow from whieh,a wooden right ofway
madcar b;ai &ndh 2rW West,8.82%at, .
Sam 26 12C West,a distance of 100.50 fat to a 5AW net ima rod wilh a red
&ide nap 8WMqW MU.set for Corns.
Sodth 32-34'02"West,a dhdence of 924.SO feat to a 54-loch Len and wi*a red
*as&cap,ISM04 I OIA"ad flor fte be&anbX of a taagaat curve to&alit
drawn of Sad&29•20�6"Weal.32910 feet;297A.79 feet,a chard bearing and
iz a ply direction,widr acid curve to dte Id%an arc diatanoe of 329.97
faO to a PX rA with a washer,stamped"KHA"ad in an asphaN road,!mown as
OW Road,an apparent public use roadway,no record faand.fx the
wu&e t c6rM of said Tract Three(425.898-==X
1
TiIET M,Sowh M9%W Want,dapardog the westerly d&of way line of said F.M.
156,aWS the s AOdy tins of acid Teat Maw(425.898 )and skmg aaid Old
&Map Road,a of 1706,19 f xt to a W-inch iron rod fomtd for dC southwest
corner of said TYMzw(425.898-ac+rea);
THENCE Norlh O,W12"West,dep uft said Old Stoney Road and aioag the wegwly
Hoe of acid Tract Tlu cc(425.89&ames�a distdmw of$WAS feat to a 544ach iron rod
with a red`p>eatio asp, set on&a sontherty Bee of a called Parcel 14.
de=Vmd Pa a to the State ofTeaas,recorded is Indrameat No.2OW19039,
Official Records o Daatoa County.Tama.same being dw current southedy right ofway
%rase of nAd'reaaM .S.l3iglr�vay 3�;
THZNCB�is an e iy direction,departing the weatafy One of said Tarot T hm
(4 )and slwq the=dmty right of way lira of said U.S.Highway 380,the
S�87° "East,pawing at a d{atasce of 8.26 feet,as ffil am TXDOT
d&ofwa r di*found tar the soot&common eomw of said Pared 14 and
aforesaid Pal 15,oandmdng far a total distsaoa of 1274.95 fed to a point floc
corner
N rth 63°�AW Bast,a distamx of 83.00 feet to a M4nch iron and wwilh a red
plastic Cap;stamped"1Q3A"net for corner;
871eU"East,a die of 299.75 fad to a 518-isch iron rod with a red
,..�do c*stamped OMW set f c caner.
� � tt>�tee-nsoe
� � �uanss;aova,v
• � i
� a
4878-7059-0134.v2
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Noah$90S211^East,a dim of 1520AI feet to a S/94neb iron rod wilb axed
oII .WMW%XA"Mancoax,
N 90ro0�'East,a distemce of I"fee to a SM4wh irao rod with a red
piw�tic I stamped"IQfA"set fast oo�
3otith 0024lr East,adiamrsoe of 4S7.49 feet to a S/ 4wh iron rod wig a red
pla6 t4,stamped MW sd for corner;
SS¢16�6"hail,a distattoe of 25995 feet to m ahmtmt TXDOT right of
way theiufooad far eetner,
Sou& East,a didemn of 449.43 feet to en abmgnum MOT right of
Waq&k,fotmd for comes
i
Sotit><6112I W East,a dWum of239.%lhat to a S/&bteh iron rod wkb a red
p1estFc cep,s%mVW'MW set for
U 1M"Bast,a diftace of 100.71 feet to an ,Wmbmm TXDOT right of
wa Iy disk and for cotoar;
Soh 61 lw East,a&Wmof 91.39 feet to the POINT Ole HBG1fNN NG
and 408.9"eras(17311656 square fed)of land,mom or 1aea.
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A-�pS
1210011�9037➢.9
4579-70S9-0134.v2
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4878 7059-0134.v2
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1
TRACT A
BEING a tract of land situated In the B.B.B.&C.RR. CO.Survey,Abstract No.168,Denton County,Texas, and being a
portion of a called 403.899-acre tract of land described as Tract 2 In a Special Warranty Deed to VS Development,recorded in
Instrument No.2021-167738 of the Official Records of Denton County,Texas,and being more particularly described as
follows:
BEGINNING at a 518 inch iron rod with plastic cap stamped"KHA"set for the northerly northwest comer of a called 101.952
acre tract of land described in a Special Warranty Deed to M/I Homes of DFW,LLC,recorded in Instrument No.2022-61108 of
the Official Records of Denton County,Texas, same being on the northerly One of said Tract 2,same also being on the
southerly right-of-way line of U.S. Highway 380,a variable width right-of-way;
THENCE Departing the southerly right-of-way line of said U.S.Highway 380 and the northerly tine of said Tract 2,and along
the northerly line of said 101.952-acre tract,the following courses and distances:
South 45°35'01"East,a distance of 28.01 feet to a 5/8-inch iron rod with red plastic cap stamped"KHA"set for comer;
South 00*02'12"East,a distance of 381.71 feet to a 5/8-inch iron rod with red plastic cap stamped"KHA"set at the
beginning of a tangent curve to the right with a radius of 30.00 feet,a central angle of 46°16'17",and a chord bearing and
distance of South 23°05'56"West, 23.67 feet;
In a southerly direction,with said tangent curve to the right,an arc distance of 24.23 feet to a 5/8-inch iron rod with red
plastic cap stamped"KHA"set at the beginning of a reverse curve to the left with a radius of 78.50 feet,a central angle of
49°55'24",and a chord bearing and distance of South 21°16'23"West,66.26 feet;
In a southerly direction,with said reverse curve to the left,an arc distance of 68.40 feet to a 518-4inch iron rod with red
plastic cap stamped"KHA"set for comer;
South 89"57'48"West,a distance of 613.30 feet to a 518-inch iron rod with red plastic cap stamped"KHA"set for comer,
THENCE North 00°02'12"West,departing the northerly line of said 110.952-acre tract and crossing said Tract 2, a distance of
492.94 5/8 inch iron rod with plastic cap stamped'KHA"set for comer on the southerly right-of-gray line of said U.S.Highway
380, same being on the northerly line of said Tract 2;
THENCE South 87*16'24"East,along the southerly right-of-way line of said U.S.Highway 380 and along the northerly line of
said Tract 2, a distance of 299.75 feet to a 5/8-inch iron rod with red plastic cap stamped"KHA"set for comer,
THENCE North 88`52'1 V East,continuing along the southerly right-of-way line of said U.S. Highway 380 and the northerly line
of said Tract 2, a distance of 327.30 feet to the POINT OF BEGINNING and containing 7.135 acres(311,209 square feet)of
land,more or less.
BOUNDARY EXHIBIT
TRACT A: 7.135 ACRES
TRACT B: 15.156 ACRES
SITUATED IN THE B. B. B.&C. RR.CO SURVEY,
ABSTRACT NO. 168,THE
OF T GEORGE W. ANDERSON SURVEY,ABSTRACT NO.
611 �L� •tP.••••...T. ' cq 12&THE HARRIS YOUNG SURVEY,ABSTRACT
r�' �! �' o ' NO. 1450
MIC AEL MARX ......................................I............s... CITY DENTON OF E.T.J., DENTON COUNTY,TEXAS
REGISTERED PROFESSIONAL MICHAEL B. MARX
LAND SURVEYOR N0, 5181 .•..o 51$1 �,•` KimIev* Horn
6160 WARREN PKWY., SUITE 210
FRISCO,TEXAS 75034 FSS�, o
9�Q �y 5 q Fhwz,Twos 7 1'•6uIN 21 FIRM 9 IDIM922 Fax N0.(9 7 3133&77g
PH. 972-335-3580 S U R
michael.marx@ldmley-horn.com hOwe proloct No. I ShWN.-
OM KHA Apl=4 1 OM W746 1 OF?
MARX,MICHAEL 4r24120244:37 PM K:1fR1_SURVEY1063244205•THE MEADOMG COMMERCIAL-0ENT0N1OVJG10SM746 BOUNDARY EtIHBIT 40244?124.01MG
CALLED 33.19S ACRES
JANA DAIGLE CALLED 3.08 ACRES I PARCEL 16
INST.NO.2015-64956 KENNETH 0.ROGOWAY,et ix STATE OF TEXAS
O.RD.C.T. INST.N0.2012-70761 CA O.0 T INST N0,3009 71718
O.RD.C.T.
U. S. HIGHWAY 380 - -
PARCEL15
—STATE OF TEXAS
INST.NO.2012-80S54
O.R.D.C.T, P.Q.B.
RISC IRSC
S87'1624"E 299.75 IRSC N88'52'1 VIE327.30'
C�
IRSC RISC
it
ti
N TRACT 2(CALLED 403.899 ACRES) 00
rn 00 VS DEVELOPMENT,LLC
INST.NO.2021.167738 W
O.RD.C.T.
zd TRACT
a y Z 7.135 ACRES
310.819 SO, FT.
IRSC IRSC
U IRSC
C.Iry
IRsc S89°57'48'W 613.30' IRSC
NOTES .
Bearing system based on the \S�
Texas Coordinate System of CALLED 101.952 ACRES GO 5�6� NpRTH
1983,North Central Zone(4202), Mn HOMES OF DFW,LLC �. -
INST.NO.2022-61108 -('O
G
North American Datum of 1983. O.RD.C.T. &G ,
10�.5 0 76 150
LEGEND
A=CENTRAL ANGLE GRAPHIC SCALE IN FEET
P.O.C.=POINT OF COMMENCING
P_O.B-=POINT OF BEGINNING
IRSC-518"IRON ROD Wl"KM'CAP SET BOUNDARY EXHIBIT
IRFC-IRON ROD W/CAP FOUND
IPF=IRON PIPE FOUND TRACT A: 7.135 ACRES
D.R.D.C.T.=DEED RECORDS,COLLIN COUNTY,TEXAS
O.P.R.D.C.T.=OFFICIAL PUBLIC RECORDS,COLLIN TRACT B: 15.156 ACRES
COUNTY,TEXAS SITUATED IN THE B. B. B. &C. RR. GO SURVEY,
ABSTRACT NO. 166,THE
A . OFT GEORGE W.ANDERSON SURVEY,ABSTRACT NO.
,gyp:'•. T 12&THE HARRIS YOUNG SURVEY, ABSTRACT
���.�/f �: moo'•..
'K #: NO. 1450
MIC AEL MARX MICHAEL B. MARX. CITY DENTON OF E.T.J., DENTON COUNTY,TEXAS
REGISTERED PROFESSIONAL ...............................
LAND SURVEYOR NO. 5181 ': ,0 51$1 „; Kiml
�Y�`�
6160 WARREN PICIIVY., SUITE 210 �q•��OFFS5�0��'•0�- )
FRISCO, TEXAS 75034 -YQ'S....•v�� e16ow�+,Padmay,Su0e210 Torn
PH. 972-335-3580 U� Fmcn.Texas 75034 nRM J 10193622 Fox Nm(97i)335.3"9
michael.marx a@kimley-hom.com
1`+150' GCS. KHA Apra 2 OF 7
MARX,MICHAEL 4/240024 4 37 PM K�FRI SURVEY1D6.724420STHE MEADOWS COMMERCIAL-OENTONIDWG1069J05746 BOUNDARY EXIHBIT 2024-04.24.DWG
TRACT e
BEING a tract of land situated In the B.g.8.&C.RR.CO.Survey,Abstract No. 168 and the George W.Anderson Survey,Abstract No.
12, Denton County,Texas,and balm a portion of a called 403.899 acre tract of tend described as Tract 2 in a Special Warranty Deed to
VS Development,recorded in Instrument No.2021-167738 of the Official Records of Denton County,Texas,and being more particularly
described as follows:
BEGINNING at a 5/8 inch iron rod wilh plastic cap stamped"KHA"set for the northerly northeast comer of a called 101.952 acre tract of
land described in a Special Wafranty Deed to W Hornes of DFW, LLC,recorded in Instrument No.2022-61108 of the Official Records
of Denton County,Texas,same being on the northerly fine of said Tract 2,same also being on the southerly right-of-way line of U.S.
Highway 380,a variable width right-of-way;
THENCE along the southerly right-ofi way line of said U.S.Highway 380 and along the northerly line of said Tract 2 the following courses
and distances;
North 88'52'11"East,a distanoI of 1063.49 feet to a 518-inch Iron rod with red plastic cap stamped"KHA"set for comer;
North g0'00'00"East,a distance of 160.25 feet to a 5/84nch iron rod with red plastic cap stamped"KHA'set for corner,
South 65'24'02"East,a distance of 457.49 feet to a 5/8-Inch iron rod with red plastic
p cap stamped"KHA"set for comer,
South 55'26'56"East,a distancl r,
e of 118.80 feet to a 5/8-inch Iron rod with red plastic cap stamped"KHA"set for come
THENCE departing the southerly right-of-way line of said U.S.Highway 380 and the northerly line of said Tract 2,and dossing said
Tract 2 the following courses and distances,
South 29'35'01"West,a distance of 227.74 feet to a point for comer;
North 60.24'59"West,a distance of 76.34 feet to a point for comer,
North 85'24'02"West,a distance of 385.65 feet to a point for comer,
North 90'00'00"West,a distance of 124.47 feet to a point for comer,
South 10 W12"West,a distance of 283.66 feet to a point on the northerly fine of said 101.952-acre tract,and at the beginning of a
non-tangent curve to tl�e left with a radius of 1,422.50 feet,a central angle of 00'24W,and a chord bearing and distance of North
79'43'50"West,9.96 feet;
THENCE along the northerly line of said 101.952 acre tract,the following courses and distances,
In a westerly direction,with said non-tangent curve to the left,an arc distance of 9.96 feel to a 5/8-inch iron rod with red plastic cap
stamped"KHA"set for comer,
I
BOUNDARY EXHIBIT
TRACT A: 7.135 ACRES
TRACT B: 15.156 ACRES
SITUATED IN THE B. B. B. &C. RR. CO SURVEY,
ABSTRACT NO, 168, THE
GEORGE W.ANDERSON SURVEY, ABSTRACT NO.
12&THE HARRIS YOUNG SURVEY,ABSTRACT
NO. 1450
MICHAEL MARX CITY DENTON OF E.T..I., DENTON COUNTY,TEXAS
REGISTERED PROFESSIONAL
LAND SURVEYOR Y.,iS I Kilpl� >>> Horn
6160 WARREN PKWY.,;SUITE210FRISCO,TEXAS 75034 GIW%arton6utle2lo T4L Na.(97�39S350p
PH. 972-335-35M Frbw,Tom' RMS1012= Fax Na(M U64M
michael.marx@khley-hom.corri r t �= J !
NfA GOL KNA I APIN 2024 oB83m, 3 OF 7
MARK MCPML 424Ro24*38 PM KWRl SU 44m5-TKE wWOw$COMMERCIAL-1FJITONIDYYG1089306746 BOUNDARY E)UKBFT 2024-04.24.ONG
North 79'56'46"West,a distance of 172.38 feet to a 5/8-inch Iron rod with red plastic cap stamped"KHA"set at the beginning of a
non-tangent curve to the left with a radius of 783.99 feet,a central angle of 09121'15",and a chord bearing and distance of North
85"21'35"West, 127,85 feet;
In a westerly direction,with said non-tangent curve to the left,an are distance of 128.00 feet to a 5/8-Inch iron rod with red plastic
cap stamped"KHA"set for corner,
South 8957'48"West,a distance of 700,88 feet to a 5M-Inch iron rod with red plastic cap stamped"KHA"set for comer,
North 45*02'12"West,a distance of 70.71 Feet to a 5/8-inch iron rod with red plastic cap stamped"KHA"set for comer,
North 00'02'12"West,a distance of 379.33 feet to a 5/8-inch iron rod with red plastic cap stamped"KHA"set for corner,
North 44'24'59"East,a distance of 28.55 feet to the POINT OF BEGINNING and containing 660,187 square feet or 15,156 acres
of land,more or less.
BOUNDARY EXHIBIT
TRACT A: 7.135 ACRES
TRACT B: 15.156 ACRES
SITUATED IN THE B. B. B. &C. RR. CO SURVEY,
ABSTRACT NO. 168, THE
OF GEORGE W.ANDERSON SURVEY,ABSTRACT NO.
...sT l 12&THE HARRIS YOUNG SURVEY, ABSTRACT
g; '� 4 •;cS� NO. 1450
MICHAEL MARX *' ': CITY DENTON OF E.T.J., DENTON COUNTY,TEXAS
REGISTERED PROFESSIONAL """""
MICHAEL B. MARX o
LAND SURVEYOR N0. 5181 "",""""""""""" Kimle >>> Horn
6160 WARREN PKWY., SUITE 210 ,0 5181 v:'
FRISCO,TEXAS 75034 �9'�oFESS����'O� 4160 warren Pa kw,y.STY rb,No.(S72)3363s60
PH. 972-335-3580 NQ••....... �y Feao.Texas 75034 FIRM*ioinm Fax No.rani 335a?"
michael.marx@kimley-horn.com $ U spy `�`h" Proled"o,
GGL KHA Apr0 4 OF 7
MARX.MICHAEL 424=244:30 PM K;TRI SURVEYW=4420STHE MEADOWS COMMERCIAL-DEWONIO MM9306746 BOUNDARY EXIH BIT 2024-04-24.DM
i
STATE OF TEXAS CALLED a744 ACRES -7
tNST NO.200841710
SAII MATTNEW dOHN.at ux TRACT 1(CALLED 144AN ACRES)
O.R.D.C. VS DEVELOPMENT,LLC
DiST.NO.2t11S134s48 OW.NO.2021-167736
ORD.C.T. O
.R.O.C.T.
T.
-U.-S. HIGHWAY' 380
P.O.B. — �—
IRSC
7.3tY
IRSC IR8C
� I
x m
ci
TRACT 2(CALLED 40&WACRES) C r I 0
VS DEVELOPMENT.LLC m I m S Z
INV.Na 2021-167738
2 O.R.O.C.T. y N r
Lu
pO Z
TRACT B z N
16.166 ACRES c
660,187 SQ. FT. I IUJ
C�
IRsc rRsc I F-
C� stsc IRsc IRsc
S89.5 4M 700M C4
SAS m
NOTES �1p
Bearing system based on the 8.4�c' 0
Texas Coordinate System of g• mpg CALLED 101.952ACRES �m
0• P� MB HOMES OF",LLC
1983.North Central Zone(4202). INST.NO.202241108 I o
North American Datum of 1983. O.R.D.C.T. z
N
LEGEND � o rs 150
A-CENTRAL ANGLE
P.O.C.-POINT OF COMMENCING I GRAPHIC SCALE IN FEET
P.O.B.-POINT OF BEGINRIING
IRSC=&W IRON ROD Wi-10W CAP SET BOUNDARY EXHIBIT
IRFC=IRON ROD W1W FOUND
IPF=IRON PIPE FOUND TRACT A: 7.135 ACRES
D.R.D.C.T.=DEED RECORDS,COLLIN COUNTY,TEXAS TRACT B: 15.156 ACRES
O.P.R D.C.T.=OFFICIAL PUBLIC RECORDS,COLLW
COUNTY,TEXAS SITUATED IN THE B. B. B.&C. RR.CO SURVEY,
ABSTRACT NO. 168, THE
GEORGE W.ANDERSON SURVEY,ABSTRACT NO.
12&THE HARRIS YOUNG SURVEY, ABSTRACT
NO. 1450
MICHAEL MARX CITY DENTON OF E.T.J., DENTON COUNTY,TEXAS
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5181 Kimigy)OHorn
6160 WARREN PKWY., SUITE,210
FRISCO,TEXAS 75034 6160vAU-NPy, u Ta.Nan
PH. 972-336-3580 FrwA T��so3. FIRM ti 161938?2 F=No(m n no
michael.marx@kim IOfA AprN 2824 oBgt06748 ley-ham.com .mc J�sn
1-4170' GGL 8 OF 7
MAPA MICNAEL 4024=4 4:38 PM K'1FRI_SURVEYMM442wSTNt!MEADOWS CCIMME-RCIAL-DENTONOVIGUN330P46 BOUNDARY IT 2024-04-2,
TRACT 1(CALLED 144.086 ACRES)
VS DEVELOPMENT,LLC
MIST,NO.2021-167738
O.RD.C.7. 0-'
PARCEL 17
r STATE OF TEXAS
INST.NO.2012-60554
O.R.D.C.T.
_ U- S. HIGHWAY 380 --
IRsc S85� 0`242"E 4g7.Ay .,.
PARCEL 15
IRSC �� STATE OF TEXAS
TRACT 2(CALLED 403.899 ACRES) INST.NO.2012.80S54
VS DVEOPMENT,LLC
INSTE NO.2021-167738 TRACT B O.RD.C.T.
p
O.RD.C.T. 15.156 ACRES IRsc
IRsc
z 660,187 SQ. FT. ^a
� tiry
W
W o�
= L5
N85.24'02"W M5.65' 'L
I
W <Q
Z
J
I" CV TRACT 21CALLED 403.899ACRES)
VS DEVELOPMENT,LLC NOTES
ry INST.NO.2021-167738 Bearing system based on the
o O.R.D.C.T. Texas Coordinate System of
1983,North Central Zone(4202).
IRsc Notch American Datum of 1983.
L6
CALLED 101.952 ACRES \ NORTH
MA HOMES OF DFW,LLC
INST.NO.2022-6110e
O.R.D.C.T. 0 75 ISO
LEGEND
A-CENTRAL ANGLE GRAPHIC SCALE IN FEET
P.O.C.-POINT OF COMMENCING
P.O.B.=POINT OF BEGINNING
IRSC-5/8"IRON ROD W/"KHA"CAP SET
IRFC.IRON ROD WtCAPFOUND BOUNDARY EXHIBIT
IPF=IRON PIPE FOUND TRACT A: 7.135 ACRES
D.R.D.C.T.=DEED RECORDS,COLLIN COUNTY,TEXAS
O.P.R.D.C.T.=OFFICIAL PUBLIC RECORDS,COLLIN TRACT B: 15.156 ACRES
COUNTY,-TEXAS SITUATED IN THE B. B. B. &C. RR. CO SURVEY,
OF ABSTRACT NO. 168, THE
GEORGE W.ANDERSON SURVEY,ABSTRACT NO.
�.LP. T •. 12&THE HARRIS YOUNG SURVEY, ABSTRACT
NO. 1460
MIC14AEL MARX .. .......................... CITY DENTON OF E.T.J., DENTON COUNTY,TEXAS
REGISTERED PROFESSIONAL .MICHAEL B. MARX
•
LAND SURVEYOR NO. 5181 ';,a 5181
6160 WARREN PKWY., SUITE 210 �'.�'0 O�P'•� Ki!p1pv* Horn
FRISCO, -TEXAS 75034 'yQ••...... .N�`� 6180Waxen .su to 210 Tel.No.(972)335,UW
PH. 972-335-3580 S U R v RUM Texas 75034 FIRM*1019M2 F9z No.(972)335.3? 7
michael.marx@kimley-hom.com OMM by 2MW.Y � No, hegr
1"-1 w GGL KHA Aprn=4 M9309746 6 OF 7
MARX,MICHAEL 4/2412024 4:38 PM K:1FRI SURVEYM3244205-THE MEADOWS COMMERCIAL.DENTOKIDWG1069306748 BOUNDARY EXIHSIT 2024-04-24.13M
LINE TABLE CURVE TABLE
NO. BEARING i LENGTH NO. DELTA RADIUS LENGTH CHARD BEARING CHORD
Lt S45'35'01'1: 28.01' Cl 46'16'17' 30.00' 24.23' S23'05'56"W 23.57'
L2 N90'00'00"E 160.25' C2 49'55124" 78.50' 68.40 S21'16'23"W 66.26
L3 SSS'26'56T 118.80' C3 0'24'05" 1422.50' 9.W N79'43'60"W 9.96'
L4 N60'24191W 76.34' C4 9*21'16' 793.99' 12&00' N85'21'35"W 1127.85'
LS N90'00'00"W 124AT
L6 N79'56'46'W 172.3&
L7 N45'02'12'W 70.71'
L8 j W4'24'59"E i 28.55'
BOUNDARY EXHIBIT
TRACT A: 7.135 ACRES
TRACT B: 15.156 ACRES
SITUATED IN THE B. B. B. &C.RR.CO SURVEY,
ABSTRACT NO. 168,THE
GEORGE W.ANDERSON SURVEY,ABSTRACT NO.
12&THE HARRIS YOUNG SURVEY,ABSTRACT
NO. 1450
MICHAEL MARX CITY DENTON OF E.T.J., DENTON COUNTY,TEXAS
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5 lev)))Horn
6160 WARREN PKNVY., SUIUI TE 210FRISCO,TEXAS 75034 8180N, P210 T c972fauaseo
PH. 972-335-3580 FrImA Teim 7W34 FIRMS19193022 FWft(MOM 335-SM
michael.marx@kimley-hom.com ,. 8�
Aod 2�1 000W48 7 OF 7
MMx L 4024=4*38 PM K:1Flil SU 4420STHE WIEADOW& ERCIAL-DEK0NO»MG`*S9308748 BOUNDARY EXIHBIT 2024-06.24.um