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2012-118s:\legal\our documents\ordinances\12\rr stormwater management ordinance.doc o�nvANCE No. 2012-118 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT AND PERPETUAL EASEMENT GRANT (THE "AGREEMENT"), BY AND BETWEEN THE CITY OF DENTON, TEXAS AND RR MARKETPLACE LP, A DELAWARE LIMITED PARTNERSHIP, RELATED TO DRAINAGE FACILITIES LOCATED IN LOT 1, RAYZOR RANCH ADDITION, AN ADDITION TO THE CITY OF DENTON, ACCORDING TO THE PLAT THEREOF RECORDED 1N CABINET Y, PAGE 740, PLAT RECORDS, DENTON COUNTY, TEXAS, LOCATED GENERALLY AT OR NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF BONNIE BRAE STREET AND U.S. HIGHWAY 380; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the transactions contemplated by the Agreement are in the best interest of the citizens of the City of Denton; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1, The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Manager, or his designee, is hereby authorized to execute the Agreement for and on behalf of the City of Denton, said Agreement being attached hereto and incorporated herein by reference. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. �� PASSED AND APPROVED this the � day of , 2012. ATTEST: JENNIFER WALTERS, CITY SECRETARY � BY: �7 s:\legal\our documents\ordinances\12\rr stormwater management ordinance.doc APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: STORMWAT'ER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT AND PERPETUAL EASEMENT GRANT RAYZOR RANCH NORTH ADDITION THIS STORMWATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT AND PERPETUAL EASEMENT GRANT (the "Agreement") is entered into between RR Marketplace LP, a Delaware limited partnership (hereinafter referred to as "Grantor"), and the City of Denton, Texas, a Texas home rule municipal corporation (hereinafter referred to as "City"), in consideration of the approval by the City of the Rayzor Ranch North Addition Plat containing the Property, as defined below, and other lands and interests, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor is obligated by the Denton Development Code (the "Denton Code") to control stormwater runoff on the Property as a part of the Rayzor Ranch North Addition, which is land north of U.S. Highway 380 and between Bonnie Brae Street and I-H 35 owned by Grantor or previously owned by Grantor or an affiliate of Grantor (the "Addition"), as prescribed by the overlay zoning ordinances affecting the Addition, which includes, among other things, the iSWM, as defined below. For good and valuable consideration, the Grantor and City enter into this Agreement, and Grantor makes the grants herein, to control and address stormwater runoff' for and/or affecting the Propei-ty described on Attachment A hereto (the "Property") and other adjacent properties. The following provisions are covenants running with the land as to the Easement Areas and the Remainder Tract (both defined below) to the benefit of the City of Denton, binding on Grantor and Grantor's successors and assigns in interest as to the Easement threas and the Ragc 1 4688826.8 57776.1 Remainder Tract, and shall only be amended or released with the duly authorized written permission of the City, by and through the City Council. PART I— COVENANTS AFFECTING THE PROPERTY 1. Description of Easement Areas. Grantor hereby agrees that the stormwater runoff for the Property and, in part, the Addition, shall be controlled through installation, construction and maintenance of storm sewers, stormwater detention andlor retention basins, stormwater water quality ponds, filter strips, bio-retention areas, pocket wetland, and enhancement swales (hereinafter collectively referred to as the "Stormwater Management Facilities") upon, over, under, tlirough and across the following described areas: Draina�e Easement Area: See Attachment B for Legal Description and Illustration, both attached hereto and made a part hereof. Draina�e Maintenance Access Easement Area: See Attachment C for Legal Description and Illustration, both attached hereto and made a part hereof. Water Quality Pond/Drainage Easement Area: See Attachment D for Legal Description and Illustration, both attached hereto and made a part hereof. The Drainage Easement Area, Drainage Maintenance Access Easement Area, and Water Quality Pond/Drainage Easement Area are hereinafter collectively referred to as the "Easement Areas". 2. Stormwater Mana�ement Plan. A. The Integrated Storm Water Management Plan (herein called "iSWM"), consists of exhibits from the ordinance establishing the overlay district related to the Addition, and the approved Rayzor Ranch Fina1 integrated Storm Water Management Paye. 2 4688826,8 57776.1 Study Report. The Stormwater Management Facilities shall be designed, and constructed and maintained to meet the stormwater runoff control requirements of Subchapter 19 of the Denton Code and Drainage Criteria Manual and in compliance with the iSWM, on file and available for public inspection in the office of the City of Denton Division of Environmental Quality and the office of the City Secretary. B. Subject to the prior written approval by the City, at the City's discretion, legislative or otherwise, by and through the City Manager, or his designee, as concerns the iSWM, and by and through the City Council, as concerns the ordinances establishing or related to the overlay district related to the Addition, the iSWM may be amended, insofar as it affects the Property. Nothing contained herein shall be construed to require the City to approve any amendments requested by Grantor, including without limitation, any amendment requested by Grantor that is less effective than the iSWM related to the quality and/or quantity of stormwater drainage upon, over, across or affecting the Addition and the lands downstream from the Property and Addition. 3, Association. City understands that the Addition may receive benefit from the Stormwater Management Facilities by controlling runoff from the Addition and the Property. Due to the potential benefit to the Addition, the City has been informed that a Rayzor Ranch owners' association (hereinafter referred to as "Association") may be created to assume, as between the Grantor and an Association, certain obligations of Grantor made herein. Notwithstanding the potential creation of an Association, and the agreement between Grantor and Association regarding the assumption of obligations as between, and only as between, the Grantor and Association, any agreement between Grantor and the Association shall not affect, in Page 3 4688826.8 �7776.1 any way, manner or form, the responsibility of Grantor to the City to perform all of Grantor's obligations hereunder. 4. Grantor's Obli at� ions. A. Grantor has previously constructed, and the City has accepted, a portion of the Stormwater Management Facilities upon or within the Property, as required by the iSWM. Certain portions of the Stormwater Management Facilities remain to be designed, constructed, installed and/or performed, namely the pocket wetland and revegetation activities related to the Water Quality Pond/Drainage Easement Area (the "Remaining Facilities"), Grantor shall design, construct and install the Remaining Facilities in substantial compliance �vith the iSWM. For design and construction to be in substantial compliance with the iS�JVM and under this Agreement, the Stormwater Management Facilities must satisfy the stormwater runoff control requirements of Subchapter 19 of the Denton Code, Drainage Criteria Manual and the exhibits to the ordinances establishing the overlay district for the Addition that are part of the iSWM. B. Grantor shall conduct all replacement, reconstruction, repair, grading, inspection and maintenance activities related to the Stormwater Management Facilities as more particularly set forth in Section 5 and Section 8, below. 5. Inspections. �Grantor shall inspect the Stormwater Management Facilities as per the schedule for the pre-establishment and the post-establishment periods of the vegetation as defined within the iSWM. Grantor shall document such inspection by completing the Inspection Report rarm available from the City of Denton Division of Environmental Quality and attaching thereto current digital images of the Stormwater Management Facilities. Any deficiencies or defects noted by the inspection shall be corrected by the Grantor as provided in Section 8, below. Page 4 4683826.8 57776.1 The Inspection Report Form and photographs shall be made available to the City for review upon request and shall be lcept and maintained by the Grantor for a period of at least 5 years. Failure to comply with the requirements of this paragraph may, in addition to constituting a default hereunder (after expiration of applicable notice and cure periods), constitute a violation of the Denton Code, subject to penalties as prescribed therein. 6. Failure to Maintain. A. The Stormwater Management Facilities and Easement Areas shall be maintained in accordance with the iSWM and Subchapter 19 of the Denton Code and Drainage Criteria Manual. Grantor acknowledges that if' the Stormwater Manageir�ent Facilities and Easement Areas are not maintained in substantial compliance, as defined below, with the iSWM, the Stormwater Management Facilities are likely to not serve their intended purpose of controlling the quantity and quality of stormwater runoff from the Property and the Addition, and if the quantity and quality of stormwater runoff is not controlled according to the iSWM, such maintenance failure may constitute a nuisance detrimental to the public health and safety. For operation and maintenance to be in substantial compliance with the iSWM and under this Agreement, the Stormwater Management Facilities must materially satisfy the stormwater runoff control requirements of Subchapter 19 of the Denton Code, Drainage Criteria Manual and the exhibits to the ordinances establishing the overlay district (Ordinance No. 2010-158} for the Addition that are part of the iSWM, including but not limited to E�iibit "F", "Rayzar Ranch Overlay District Water Quality Protection Plan Requirements and Drainage Map" and the associated Inspection and Maintenance Plan. Substantial compliance will be demonstrated by fu11y performing all inspection and maintenance activities specified in Page 5 4688826.8 57776.1 the Inspection and Maintenance Plan included in the approved iSWM document. Although periodic storm water monitoring of these facilities may be conducted by the City, the City acknowledges that the total pollutant removal efficiencies established in Section 2.0 of the aforementioned Exhibit "F" represent estimated removal efficiencies that have been applied to designed water quality treatment volumes, As such, monitoring, if conducted, is intended to be a tool for gauging removal efficiencies. However, since removal efficiencies are estimates based on a designed water quality volume, the failure to meet a pollutant removal efiici ency target, as evidenced through monitoring, is not deemed as a failure to materially satisfy the stormwater runoff control requirements. B. Grantor shall abate any defect, deficiency or condition ("Condition") arising or resulting from, in whole or part, any failure by Grantor to maintain the Stormwater Management Facilities and the Easement Areas in accordance with the terms of this Agreement, If the Grantor shall fail to abate or remedy any such Condition by performing the obligations of Grantor under this Agreement, after the notice and cure period described below, the City may, but shall not be obligated to, cause such work to be done to abate or remedy the Condition, and the Grantor hereby agrees to pay City for all the reasonable and necessary costs of such work, including the cost of materials and equipment. In the event Grantor shall fail to perform any of its obligations hereunder, City shall provide notice of such failure to Grantor, providing thirty (30) days to cure such default If Grantor shall not have abated or remedied such Condition within thirty (30) days, but shall have been actively engaged in abating or remedying the Condition in a. diligent and reasonable manner from the date of receipt of the notice prescribed herein, Page 6 4688826.8 57776.1 Gralltor shall have an additional thirty (30) day period to abate or remedy said Condition prior to the City taking any action as may be prescribed herein. If after such notice and cure period the Condition has not been abated or remedied, the City may perform the worlc as described above. The City shall invoice Grantor in writing of the costs of abating or remedying the Condition in accordance with this Section and provide an itemized list of such costs. Grantor shall have thirty (30) days to pay such costs. If Grantor fails to pay such costs, or as otherwise provided in the Letter of Credit, as applicable, the City may draw upon the Security (defined below). If there are multiple forms of Security, the City in its sole discretion may draw on any of them in such order as City elects. Partial and multiple drawings are eYpressly permitted. All funds received by the City from Grantor, its successors or assigns, the issuer of the Letter of Credit or the depositing bank if a Cash deposit is in place, shall be used solely for the purpose of performing Grantor's obligations under this Agreement or as otherwise provided herein, Grantor, its successors and/or assigns, are obligated to replace any fiinds used by the City in accardance with terms of this Agreement. C. After expiration of the applicable time periods, if Grantor has not abated or remedied the Condition, paid the costs of abatement or remediation and, if applicable, replenished the Security after the City's draw upon the Security, in addition to any liens that may arise under Texas state law or the ordinances of the City related to the abatement of nuisances, the City may impose and enforce a lien on that certain property shown on Attachment E, attached hereto and incorporated herein by reference for all purposes (the "Remainder Tract") to secure the obligations of Grantor herein for the reasonable and necessary costs of such work, including the cost of materials and Page 7 4688826.8 �7776.1 equipment. In the event Grantor shall provide to City, without condition (except release of the lien for such costs), payment for the costs of abating or remedying the Condition, as described herein, or replenish the Security as required herein, City shall promptly release the lien of record. D. The Stormwater Management Easement granted to the City under Section 7 of this Agreement shall have priority over any pre-existing and prior liens purporting to encumber the Easement Areas. Grantor shall obtain and file for record in the Real Property Records of Denton County, Texas, on or before ten (10) days after the Effective llate hereof, in form and substance reasonably satisfactory to City, any and all subordinations or other agreements necessary to accomplish suck priority. E. Grantor shall, within thirty (30) days of the Effective Date of this Agreement, deposit and subsequently maintain during the term of this Agreement, with the City financial security in the amount of $100,000,00 for the performance of Grantor's obligations under this Agreement (the "Security"), which Security may be in the form of any of the following in any combination: (i) cash, to be placed in an interest-bearing account, as the sole and individual account of the City, with all interest accruing as additional security (the "Cash"); or (ii) an irrevocable letter of credit issued by Wells Fargo Banlc or any other bank approved by Grantor and City in their reasonable discretion (an "Approved Bank"), and in all other respects materially in the form and on the terms attached hereto as Attachment F, or such other form and terms as may be approved by the City in its sole discretion (the "Letter of Credit"). The Letter of Credit or the Cash may be drawn upon to cover expenses relating to the obligations of Grantor hereunder in accordance with Section 6.B above, Grantor in its sole discretion may Rage 8 4688826.8 57776.1 0 provide the Security in the form of any of the foregoing methods in any denominations so long as the total amount of Security is $100,000,00. PART II — Easement for Stormwater Mana�ement Facilities 7. Grant of Easement. Crrantor hereby grants to the City, its successors and assigns, a permanent and perpetual Stormwater Management Easement (herein so called) in, on, under, over, through and across the Easement Areas described above for the purpose of constri,icting, reconstructing, repairing, cleaning, using, operating, inspecting, modifying, grading and maintaining for the free, unobstructed and uninterrupted drainage and storage of surface water, related to the Stormwater Management Facilities and the surface of the Easement Areas in substantial cornpliance with the iSWM. Grantor reserves the right to use the Easenlent Areas for all purposes to the extent such use does not interfere with the effectiveness of or access to the Stormwater Management Facilities. 8. Duties of Grantor/Easement Areas. Without limiting the obligations of the Grantor under the iSWM, Grantor shall perform the following within the Easement Areas. Affr.rmative Covenants: a. Grantor shall conduct all maintenance, construction, inspection, repair, replacement, excavation and reconstruction activities within the Easement Areas related to the Stormwater Management Facilities in substantial compliance with the iS WM. Negative Covenants: a. No material portion of the Stormwater Management Facilities, as determined in the reasonable discretion of City Engineer and the Envirorunental Services & Sustainability Director, shall be altered or removed without the prior written Page 9 4688826.8 57776.1 approv�l of' the City Engineer and the Environmental Services & Sustainability Director. b. No vertical structure shall be erected on, over or within the Drainage Easement Area shown on Attachment B after the Effective Date of this Agreement, without the prior written approval of the City Engineer and the Envirorunental Services & Sustainability Director. c. No change shall be made (i) to the Drainage Easement Area and the Drainage Maintenance Access Easement Area, as shown on Attachment B and Attachment C, respectively, that would change or alter the physical dimensions thereof; and (ii) to the grade, elevation or contour of any part of the Water Quality Pond/Drainage Easement Area shown on Attachment D without obtaining the prior written approval of the City Engineer. d. The Easement Areas shall not be used as a compost site, or for the disposal of yard wastes or other materials. 9. Access to Easement Areas. The City and its agents, contractors, ernployees and assigns shail have the right of access to the Easement Areas and have all rights of ingress and egress reasonably necessary for the use and benefit of the Easement Areas as herein described, including, but not limited to, the right, but not the obligation, to remove any Luiauthorized plantings or structures placed or erected on or within the Easement Areas and the right, but not the obligation, to perform maintenance, repair, reconstruction, grading and dredging as determined by the City to be necessary to restore the Stormwater Management Facilities to substantial compliance with the iSWM in the event Grantor shall fail to so perform in_accordance with Section 6. above. Any such activity by the City shall not result in a waiver of any right of Page 10 4688826.8 57776.1 the City to enforce its rights under this Agreement aiid the City shall, in the event it undertalces any such activities, be entitled to all rights and remedies, as set forth in this Agreement in accordance with Section 6. above, 10. Application to CitX. Notwithstanding anything to the contrary herein, this Agreement s�iall not be construed to impose any obligation upon the City to maintain the Easement Areas or the Stormwater Management Facilities. 11, Successors and Assi�ns. Except as otherwise set forth herein, this Agreement anc� all obligations of Grantor hereunder shall be deemed to constitute covenants running with the land as to the Easement Areas and the Remainder Tract and shall be binding on Grantor and on Grantor's successors and assigns and sha11 inure to the benefit of City, its successors and assigns. 12. Subdivision and Sale. Grantor, subject to the terms hereof, may subdivide and convey the Remainder Tract, or portions thereof, after subdivision from and after the Effective Date of this Agreement. Without limiting the general nature of Section 11, above, any sale of the Remainder Tract, or any portion thereof, shall operate to create joint and several obligations to perform under this Agreement of and by each owner of the Remainder Tract, or any portion thereof. Notwithstanding anything to the contrary herein, Grantor may assign or convey the last parcel of the Remainder Tract without the prior consent of the City only as follows; (i) to an af�liate of Grantor; or (ii) to a public or private entity with a market capitalization or net worth of at least Three Million Dollars ($3,000,000,00). In the event of the conveyance of the last parcel of the Remainder Tract owned by Grantor, in conformity with the terms of this Agreement, such that Grantor no longer owns any interest in the Remainder Tract, subject to the terms herein, the Grantor shall be released from all Page '1 1 4688826.8 57776.1 obligations under this Agreement accruing from and after the calendar date of the last conveyance of the Remainder Tract, or remaining portion thereof, by Grantor. Notwithstanding such release, (i) all successors and assigns of Grantor as owners of a portion of, or interest in, tha Remainder Tract shall remain jointly and severally responsible for all obligations under this Agreement; (ii) all obligations, terms and conditions of this Agreement sha11 remain valid, subsisting and enforceable against owners of a portion of, or interest in, the Remainder Tract; and (iii) Grantor shall not be released related to any obligations under this Agreement accruing p��iar to the calendar date of the last conveyance of the Remainder Tract, or remaining portion thereof; by Grantor, Notwithstanding anything to the contrary herein, the Security subrnitted to the City by Grantor shall not be released unless and until such Security is replaced Uy the successors in interest of Grantor in the Remainder Tract. 13, Warrantv. Grantor does hereby warrant to the City, as of the Effective Date of this Agreement, that subject to all valid and subsisting matters of record against the Property, (i) Grantor, and Grantor alone, owns good and indefeasible title to the Property and Grantor covenants to warrant and defend the said Property against any and all lawful claims of all persons whomsoever, the foregoing warranty by, through, and under Grantor but not otherwise; (ii) Grantor has good and lawful authority to convey the easements described herein and to carry out all obligations of Grantor hereunder; (iii) Grantor has taken all actions necessary to authorize the party executing this Agreement for and on behalf of Grantor to bind, in all respects, Grantor to all terms and provisions of this Agreement, and that such party possesses the authority to execute this Agreement and bind Grantor hereto; and (iv) this Agreement is binding and enforceable, in all of its terms and provisions, upon Grantor. Page 1� 4688826.8 57776.1 14. Miscellaneous. a. Grantor shall comply with all federal, state and local laws, statutes, regulations, ordinances, rules and any other legal requirement related to, in any way, manner or form, the activities contemplated her�in. b. Grantor shall be in default hereunder if (i) any of Grantor's representations and/or warranties contained herein are untrue as of the Effective Date of this Agreement; or (ii) Grantor fails to meet, comply with or perform any covenant, agreement or obligation of Grantor or on Grantor's part within the time limits and in the manner required in this Agreement; provided that Grantor shall have thirty (30) days written notice and opportunity to cure any purported default, except as other notice and cure periods are expressly provided in Section 6.B., above. If Grantor is in default hereunder, subject to Section 6.B hereof, City may exercise or pursue any right or remedy available to it by law, equity, this Agreement or otherwise. c. Any notice required by this Agreement shall be deemed to be properly served, if (i) provided in person or by telephonic facsimile; or (ii) deposited in the United States mail by certified letter, return receipt requested, addressed to the recipient at recipient's address shown below, subject to the right of either party to designate a different address by notice given in the manner just described. Notice shall be deemed to be received when delivered if provided in person or by telephonic facsimile with written confirmation of receipt or, if deposited in the United States mail, as set forth above, three (3) days after depositing such notice in the United States mail, as set forth above. Page 93 4688826.8 57776.1 � 4688826.8 57776.1 For City: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Facsimile: (940) 349-8996 For Grantor: RR Marketplace LP c/o Fortress Investment Group LLC 95221 N. O'Connor Blvd., Suite 700 Irving, Texas 75039 Facsimile: (214) 532-4301 Attn: Ron Cobb w/copy to: Env. Services & Sustainability Dir. Attn: Kenneth Banks 901-A Texas Street Denton, Texas 76209 Facsimile: (940) 349-8951 City Attorney Attn: Anita Burgess 215 E. McKinney Denton, Texas 76201 Facsimile: (940) 382-7923 City Engineer 901-A Texas Street Denton, Texas 76209 Facsimile: (940) 349-8951 w/copy to: Brown McCarroll, L.L.P. 111 Congress Avenue Suite 1400 Austin, Texas 78701 Facsimile: (512) 226-7343 Attn: Cacki Jewart THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. Page 14 e. Nothing contained herein shall be construed to imply a joint venture, joint enterprise, partnership or principal — agent relationship between Grantor and the City. £ If any provision of this Agreement is declared invalid or unenforceable, the unenforceability or invalidity of such provision shall not affect any other provision of this Agreement, and this Agreement shall continue in force and effect as if such provision had not been included in this Agreement, g. A waiver by either City or Grantor of a breach of this Agreement must be duly authorized and in writing to be effective. In the event either party shall execute ancl deliver such effective waiver, such waiver shall not affect the waiving party'-'s rights with respect to any other or subsequent breach. h. Words and phrases provided herein shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context, IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of � day of , 2012 (the "Effective Date"). Page i 5 4688826,8 57776.1 RR MARKETPLACE LP, a Delaware limited partnership By: RR Mark lace GP LLC, a Delaware imited liability compan ,' eneral partner By: Title: n.�,.��s... �1eF�►nrnp Print Name: ��a�� ;�nato ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared �-�n �,,,v �,,,,� �J' � o�'n �, known to me to be the �,F�a �� zcc� Sr „a`�o r of RR Marketplace GP LLC, a Delaware limited liability company, general partner of RR arketplace LP, a Delaware limited partnership, who executed the foregoing document in the capacity therein stated and for the purposes therein described. A � _ Given under my hand and seal o� day of May, 2012. Printed Name of Notary Public My Commission Expires: ,,,,,��,,,,, ,,ot�11YP�e.�,, HE.AiHER N. CARTER �� Notary I�'uol;c, SC�tQ of 7exas %N'� '�^�C iViy Cc�rrirnissin�ti Fxpires ��J�r� �'�'� �u�r� oe, z�112 ��;F..jt,� �.�rLlF ��ri Page 16 4688826.8 57776.1 CITY OF DENTON ,, G GEO GE C, CAMPBELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � Upon Recording Return To: The City of Denton 901-A Texas Street Denton, TX 76209 Attn: Paul Williamson ��e �� d 4688826,8 57776.1 Attachment A The Property Lot 1, Rayzor Ranch North, an addition to the City of Denton, Denton County, Texas according to the map or plat thereof in Cabinet Y, Page 740 of the Plat Records of Denton County, Texas. Page 18 4688826.8 57776.1 Attachment B Draina�e Easement Area ATTACHMENT B METES AND BOUNDS OESCRIP110N DRAINAGE EASEMENT BEING a variable width drainage easement aituated In the Francis Batson Survey, Abstract Number 43, Denton County, Texas, In the Cfty oT Denton, beln9 a portlon of the tract of land deacribed ae Tract 1 In the deed to RR Markatplace, LP, recorded fn �ocument Number 20 0 8-1 3 421�, Dead Racords of Dantan County, Texas, and also befng a portian of Lot 1, Rayzor Ranch North, an addttfon to the City of Denton accordfng to the plat recorded fn Ca6inet Y, Page 740, Plat Recorde of Denton County, Texas, sald varfable wldth drafnage easemant being more particularly deacrlbed as follows: COMMENCING ot the nw�theaeterly corner of the tract of land deacribed in the daed to Wql—Mart Reol Estate Businesa Truat recorded in Document Number 2008-96503, Deed Recarda of Danton County, Taxaa also being the northwasterly corner of safd Lot 1; iHENCE Sauth 21' 18' 00" East a distance of 328.72 feat to tha POINT OF BEGINNING; THENCE South 43' 37' 48" Eost a dlstonce of 35.00 feet to a point for corner; 1NENCE Sauth 46' 22' 12" West q dlatonca af 247.72 faet ta o polnt for corner; TH[NCE North 01' 22' 12" East a distanco of 19.02 faet to a polnt for aornar, THENCE North 17' h0' 33' East o distance of 34.47 faet to a point for corner, 7HENCE North 46' 22' 12' Eaat a dlatance of 140.80 feat a polnt for corner, THENCE North 30' 32' 03' East o distance of 18.32 feet to a pofnt for corner; 7HENCE North 46' 22' 12" East a dlatance af 45.61 feet to the POINT OF BEGINNING; CONTAINING a computed area af 0.164 acrea (7,141 aquare feet) of land. �'iou�►way 6e0 YdM Mwu� . AAI� 400 . FatM�wr�7lsas 76107 a�a»,aae.i�m • raom.e�.�an A drawing of even date occompanles fh/s metes ond bounds description. DA7E: APRIL 10, 2012 SHEET 1 OF 2 DRAINAGE EASEMENT FRANCIS BAT50N SURVEY, AB57RACT NUMBER 43 an oF o��rori, DENTON COUNTY, TEXAS JOB NUMBER: 2006029 Page 19 4688826.8 57776.1 P�INT OF COMMENCING o ,ao� � SaALE FEEf 1'� 100' p� 5� � � �A� g��r � WAL—MART REAL ESTATE BUSINESS TRACT DOCUMENT NUMBER 200B-98503 / / ATTACHMENT B /� /) /� ll � � % � N4E / � 1 ALLEGIANCE HILLVIEW, LP. DOCUMENT NUMBER 2008-41743 r� � � � I � w� I aa � I N $� LOT 1 RAYZOR RANCH N�RTH CABINET Y, SLIDE 740 RR MARKETPLACE, LP. TRACT 1 DOCUMENT NUMBER 20D8-134210 POINT OF BEGINNING S43'37'48"E 35.00' '�'' ' `DRAINAGE EASEMENT � r '`� 0.184 ACRES � � � � `�• � -� (7,141 SQUARE FEET) N17'40'33"E / � `L�,� � � ` 34.47' / � 5 q.�` � ` �' � � � � � `�� --- � � � N01'22'12"E _ ` ��- _ 19.02' '� v�wae� �nun+ unun �� dc DRAINAOE EASEMENT ,� ACCESS EASEMENT � oocuM�T NuMe�rt / � CABINET Y, SLIDE 740 2008-118289 I I� VARIABLE WIDTH Ui1lJTY EASEMENT � IJ DOCUMENT NUMBER I � �, I 2008-116300 Tha bearings ahown hereon are based upan the southarly Iine of that tract of land described as Tract ilvo In the deed to Alleglance Hiliview, LP recorded fn Document Number 200fi-41743, Deed Records of Denton County, Texas (North 8833'20" West). � aa0ed.v�u�r�u. • aAr��oo • ratwar�moo� a� ei�.aae.i isi . rao ei�aas.uv A metes and bounds descNptlon of even dote accompanies this drawing. DATE: APRIL 10, 2012 f]711;GL��?I!.L�i11 FRANCIS BATSON SURVEY, A851RACT NUMBER 43 CIIY OF DENT'ON, DENTON CWNTY, TEXAS JOB NUMBER: 2006029 2 OF 2 Page 20 4688826.8 57776. ] Attachment C Draina�e Maintenance Access Easement Area ATTACHMENT C METES AND BOUNDS DESCRIPTION DRAINAGE M/UNTENANCE ACCE55 EASEMENT BEING a vprlable wldth dralnage maintenance access easoment situotod In the Fmncts Bataon Survey, Abatract Number 43, Denton County, Taxne, fn the City of Denton, 6afng a portlon of the traet of Innd deeerlbed aa Traet I in the deed to RR Marketplace, LP, recordad ln Document Number 200B-134210, Deed Recorda ot Denton Caunty, Texaa, and olaa being a portlon of Lot 1, Rayzor Ranch North, an addltlon io the Clty of Dentan aecordtng to the plat recorded In Cabinei Y, Paga 740, Plat Recorde of Denton County, Texae, eald variahle width dralnage molntenanee aeeeas easement being more partlsularly deacrlbad as follows: COMMENCING et a polnt fn the weeterly Ilne of eaid Lot 1 for the moet easterly southeaet eorner of the tract oT land deaoribed In tha deed 4o Wol—Mqrt Real Estate Bu9lneae Truat recorded In Document Number 2008-9B503, Deed Recorda of Dentun County, Texaa; 7HENCE with the weaterly Ilna of apld Lot 1 the follawing: North 01' 22' 12" East a dletance of 473.57 feet ko the polnt of curwture of a Gurve to the rlght having a radiue of 618.0� feet; Northeaeterly along sald curve through a cantral ang�e of 15' 27' 4B" an arc dietance of 168,79 feet with a chord bearing of North 09' 06' 04" Eaet and a chord dietance of 188.28 feet to a polnt for comar, 1HENCE departing the weaterly Itne of eald Lot 1 South 73' 10' 02' Eaet a dlstanca af tOB.10 feet to thie POINT OF BEGINNING; 'fHENCE North 18' 4B' 5B" Eaet a diatance of 2.98 teat to the polnt of curvature of a curve to the rlght havTng o radlua of 57.00 faet; THENCE Noriheaeterly along eaid curve through a central angle of 57' S5' 00" an arc dlstance of 51.55 feat with a chord bearing oi North 15" 47' 2B" Eaet and a chord dlstance oT 49.39 }eet to the pofnt of tangency of sald curve; 1HENCE North 74' 44� 58" Eaet a dletance of 25.39 faet ta tha palnt af ourvpture of a curve to the left having a radfua of 58.0� faet; 1HENCE Northeaetariy along enld curve through o oantral angle of 32' 45' 40' an aro dlatanae of 33.74 faet wlth a chord beartng oi North 58' 22' Q9' East and a ahord dlatanae of 33.28 fvet to tha beglnning af o non—tangant aurve to tha left, the radius potnt of sald curve being aftuated North 32' 18' 34` Eaet a dfatanca of 188.13 feet; 1HENCE Southeastarly olong sald curve through a central anqle of OS' 21' 09' an arc dlstanu af 17.67 feat wtth a chord beari�g of South BO' 22' 01' East and a chord dietance oi 17.88 fest to the end of safd curve; 1HENCE South 88' 30' 01" Eaat a dletanca of 8.82 feet to a palnt for corner; THENCE North 78' 21' b7" East a dlatanca of 12.13 feet to the baginning of a non—tangent curve to the right, tha radlua polnt of eald curve being altuated South 36' 14' 57" West a dlstance of 8.82 feet; 1HENCE Southeaoterly along eald curve through a central angle of 40' 53' U2" an arc dlatance of 4,87 feat wfth a chord bearing of South 33' 18' 33" East and a chord dlatance of 4.78 feat to iha end of aaid curve; THENCE South 03' 04' 00" West a dietance of 17.29 feet to o point for eoma; 1HENCE North 88' S8' OQ" Weat a diatance of 24.78 foot to tho polnt of curvature of a curva to tha laft havin9 a radiva of 98.00 feat; iHENCE Southweaterly along eald curve through a central angle oT 18' 19' 03" an ara dletance of 31,33 ieet wlth a ohord bearing of South 83' 54' 29" Weet and a chard dletance of 31.20 feat to the polnt of tangency of eaid curve; 7HENCE South 74' 44' 58' Weat a dlstance of 3U.18 feet to the polnt of curvature of a curve to tha left havinq o radlus of 37.00 feet; contlnued... � �un�►way �O Bdy/�aw�� • Sult� �OD • Faf Ww��1�as 7d1W �e».aa�.�is� • �en.asa.» A draw/ng of even date occompanies fhrs metes ond bounds descrlption. DATE: APRIL 10, 2012 4688826,8 57776,1 SHEET 1 OF 3 DRAINAGE MAIN7ENANCE ACCE55 EASEMENT FRANCIS BAT50N SURVEY, ABS7RACT NUMBER 43 cm� oF o�ror�, n�r►TOr� couNn; �xns JOB NUMBER: 2006029 Page 2i ATTACHMENT C METES AND B�UNDS pESCRIPTION �RAINAGE MNNTENANCE ACCESS EASEMENT continued... 1HENCE Southwestarly along sald curve throuqh o centrai angie of 57' 55' UO" an arc dlstanca oi 37.40 feet wlth a chord beoring of South 45' 47' 29" Weet ond a chord dfetance of 35.83 teat to the polnt of tangency oi sa(d curve; 1HENCE South 16' 49' 58" Weat a dletanae oi 2.9B feat to a point far comer, 1HENCE North 73' 10' 02' West a dletance of 14,00 feet to the POINT OF BEGINNING, CONTAINING a computed area of 0.051 acrea (4,238 aquare feet) aT land. The bearings shown hereon are 6asad upon the sautherly Iine af that tract of land described as Tract Two in the deed to Allegiance Hlllview, LP recorded in Document Number 2008-41743, �eed Records of Donton County, Texas (North 8833'20" West). 6E0 Bdr�M�nN •�.IOD . FaFMIa�� 1Yo� 7d107 a�re�r.soe.ns� • ra�evza�a+av A drawln� of even date accompanles thls metes ond bounds description. DATE: APRIL 10, 2012 4688826.8 57776.1 SHEET 2 OF 3 DRAINAGE MAIN7ENANCE ACCESS EASEMENT FRANCIS BATSON SURVEY, ABS7RACT NUMBER 43 c�TM oF oENror�, DENTON COUNTY, TEXAS JOB NUMBER: 2006029 Page 22 o ea' � SCALE FEEf ,�_ � w wjmr� a�z� � �z�°p '�7UN �moo ATTACHMENT C 6=57'55'00" N74' R=51.00' L=51.55' CH=N45'47'28"E 49.39' N16'49'5B"E 2.9B' S�'�7p'o ro9,�o � ' �, � POINT OF � �� .� BEGINNING �� 3 � � w + � �) �� sa8•aa'oi °E 6.82' N78'21'57'E 12,13' C2 G1 nv` S03'04'00"W 17.29' �� 5a W C4 3p,1B N88'56'00"W 24.78' �S16'49'58"W 2.96' N�a7o�oz^w 14.00' LOT 1 RAYZOR RANCH NORTH CABINET Y. SL1DE 740 RR MARKETPLACE, LP. iRACT 1 DOCUMENT NUMBER 2008-134210 DRAINAGE MAINTENANCE ACCESS EASEMENT 0.051 ACRES (2,238 SQUARE FEET) � b`�a�� +� �� ) Z � Curve Table � Curve Central Radius Arc Chord Bearing J Number Angle Length and Distance C1 32'45'40° 59.00' 33,74' N58'22'08'E 33.28' � � C2 5'21'09" 189,13' 17.67' S60'22'01'E 17.66' � � C3 40'53'02" 6.B2' 4.87' S33'18'33"E 4.76' i C4 18'19'03' 98.D0' 31.33' S83'54'29iN 31.20' POINT OF C5 5T55'00° 37.00' 37.40' S45'47'28"W 35.83' COMMENCING The bearfngs shown hereon are based upon the aoutherly Ilne of that tract of land described as Troct Two In the deed to Allegionce H(Ilvlew, LP recorded In Document Numbar 200fi-41743, Daed Reaords of Denton County, Texas (North 88'33'20" Weat). r�� r�� ^� ORAINAGE MAINTENANCE eaoed.v�v+.nu..wn.�oo.ra►w�aih�7etb7 ACCESS EASEMENT a� e»aa�.i �s� . Fac n�.aa�v�av FRANCIS BATSON SURVEY, ABS1FiACT NUMBER 43 A metes and bounds descriptlon of even date accompanies this CITY OF DENTON, drowing. DENTON GWN1Y, TEXAS DATE: APRIL 1Q, 2012 JOB NUMBER: 2006029 30F3 Page 23 4688826.8 57776.1 ATTACHMENT C MEiES AND BOUNDS DESCRIPl10N DRAINAGE MAINTENANCE ACCESS EASEMENT BEING o varfable width drainaqe matntenance occess easement situated In the Francis Batson Survey, Abstract Number 43, Denton County, Texqs, fn the City of Denton, being a portlon of tha tract of land described as Tract I fn the deed to RR Marketplace, LP, reoorded In Dooument Number 20D8-134210, Daed Racorde of Danton County, Texas, and olso being a portion of Lot 1, Rayzor Ranch North, an addltfon to the City of Dentan accordfng to the plot recorded in Cabinet Y, Page 740, Plat Recorda of Denton County, Texas, sa(d voriable width drafnage malntenance acceas easamant baing more part(cularly descrlbed as follows: COMMENqNG at a point In the westerly right—of—way Ilne of Bonnia Brae Street (a voria�le width right—of—way) na dascribed in the inetrumant recordod in Documant Number 2008-98936, Daed Records of Denton County, Texas for the northeast corner of sald Lot 1, Rayzor Ranch North; THENCE wlth the wasterly rlght—of—way line of Bonnte Brae 5treet South 06' 59' 30" West a distanca of 382.50 feet to n polnt for corner; THENCE daparting tha weaterly rfght—of—way Ifna of said Bonnie Brae Straei North 88' 37' 48" West a dfstance of 290.72 feet to the POINT OF BEGINNING; THENCE North 98' 37' 48" Weat p diatanca of 14.00 feet to a paint for cornar; THENCE North 01' 22' 12" East a distance of 3.12 feet to the pofnt of curvature of a curve to the left having a radfus of 24.00 feet; THENCE Northweste►iy along sald curve through a central angle of 40' 50' 40° an arc distance of 17.11 feet with a chord bearing of North 19' 03' OB" Wast and a chord dtatance of 16.75 feet to the polnt of tangency of sald curve; THENCE North 39' 28' 28' West a d(stance of 13.41 feet to a point for carner; THENCE South 88' 37' 48" East a d(atance of 39.42 feet to the beginning of a non—tangent curve to the left having a radlus of 29,00 feet; THENCE Southweaterly along auid curve through o cantrul ongle of 51' 08' 3Y an orc dfstance ot 25.89 feet with a chord bearing of South 26' 56' 30" West and a chord distanca of 26.03 feet to the pofnt of tangency of eald curve; THENCE South 01' 22' 12" West a dlstance of 6,38 feet to the POINT OF BEGINNING; CONTAINING o computed area of 0.014 ocrea (612 aquara feet) of Idnd. Q�7DldeVlYw�u� . BWIS 100 . PortNlwr►T�w 7d107 7rk617�6.1141. Pael17.2S6�417 A drawing of even dote occompanies this metes and bounds descrJpfion. DATE: APRIL 10, 2012 Q:I?I?�ii�T�a DRAINAGE MAIN7ENANCE ACCESS EASEMENT FRANCIS BATSON SURVEY, ABS1FtACT NUMBER 43 CITY OF OENTON, DENTON COUNTY, TEXkS JOB NUMBER: 2006029 Fage 24 4688826.8 57776.1 0 40' � �� ,•_ ,� � �'�� kg ��C`4 ��L�. N39'28'28'W 13.41'—� 0-40'50'40" R=24.00' L=17.11' CH=N19'03'OB"W 16.75' N01'22'12"E 3.12' ATTACHMENT C ALLEGIANCE HILLVIEW LI' DOCUMENT NUMBER 20Q8-41743 P�INT OF COMMENCING LOT 1 RAYLOR RANCH NORTH CABINET Y. SLIDE 740 RR MARKETPLACE, lP. TIiACT 1 DOCUMENT NUMBER 2008-134210 DRAINAGE MAINTENANCE ACCESS EASEMENT a.014 ACRES sse•s��aa'E {612 SQUARE FEET) 3 e=51'08'35" R=29.00' L=25.89' \ CH=S26'Sfi'30"W 25.03' y � S01'22'12"W 6.36' N88'37'48"W LOT 1 RAYZOR RANCH NORTH CABINET Y. SLIDE 740 POINT �F BEGINNING 290. RR MARKETPLACE, LP. iRACT 1 DOCUMENT NUMBER 20D8-134210 The beorings shown hereon are 6ased upon the southerly Ilne of that troct of land descrlbed as Tract Two In the deed to Allegiance Hlllview, LP recorded tn Document Number 200 8-41 743, Deed Records of Denton County, Texas (North 88'33'20" Weet). d�ld�y/Weru� • BUts �00 . Farf Nlh�h� 76107 s.�ei�.aae.nsi • w�e»aas.» A metes and bounds descrlptlon of even date accomponies this drawing. DATE: APRIL 10, 2012 � t(pV f7 3 M � F" � �3 � �mM � �rn �z� r O1 I 00 °W°o �� W � N Z mo Z� 0 > m v SHEET 2 OF 2 DRAINAGE MAIN7ENANCE ACCESS EAS�IENT �znNCis eaTSON suRVEY ABSIRACT NUM6ER 43 CITY OF DENTON, o�ror� cauNrr, �xns JOB NUMBER: 2006029 Page 25 4688826.8 57776.1 Attachment D Water Quality Pond/Draina�e Easement Area ATTACHMENT D MElES AND BOUNDS DESCRIP�ION WATER QUALITY POND AND DRAINAGE EASEMENT BEING a water quatlty pond and drainage easement sltuatad (n the Froncla Bateon Survey, Abetract Number 43, Denton County, Texas, in the Ctty of Denton, bei�g a portion of the tract of land described ae Tract 1 in the deed to RR Marketplace, LP, recorded in Document Numbar 2008-134210, Deed Recorde of Denton County, Texae, and also being a portlon of Lot 1, Rayzor Ranch North, an addition to the City of Uanton according to the plat recorded in Cabinet Y, Page 740, Plat Records of Denton County, Texas, safd water quallty pond and drafnage easement befng more particularly described as follows; BEGINNING at a point In the weaterly right—of—way Ilne of Bonnla Brae Street (a varlable width rfght—of—way) as descrfbed In the Instrument recorded in Document Number 2008-96938, Deed Records of Denton County, Texas for the northeast oomer of sald Lat 1, Rayzor Ranch Nor4h; THENCE with the westerly rlght—of—way Iine of Bonnie Brae Street South Ofl' 59' 30" West a dlatance of 333.53 feet to a polnt for corner; THENCE departing the westerly rlght—of—way line of sald Bonnle 8rae Street North 88' 37' 48" West a distance of 484.37 feat to a polnt for corner, THENCE North 82' 26' 07" West o dlstance of 46.36 feet ta a point for corner; THENCE North 88' 28' 23" Weat o diatance of 385.23 feet to a pofnt for corner; THENCE South 68' 30' 02" East a dletance of 20�.20 feet a pofnt for cornar, THENCE 5outh 83' 18' 03" West a diatnnce of 37.97 feet to a point for corner; THENCE North 83' 07' 42° Weet a dlstance of 98.OU feet to a point for cornar; THENCE North 75' 17' 47' Weat a dlstance of 170.29 feet to q point for corner, THENCE North 43' 37' 48" West a dlatance of 119.91 feat to a point for corner; 7HENCE North 08' 41' 04" East o dlatance of 51.03 faet to o pofnt for corner, THENCE North 02' 29' 54" East a dietonce of 70.40 feet to a point for corner; THENCE North D1' 15' 32" West o dlatance of 1fi1.75 feet to a polnt In the northerly Ilne of sald Lot 1; THENCE with tha northarly Iine of sold Lot 1 the followfng: South 55' 25' 50" East a diatance of 27.45 feet to a point for comer; South 89' DO' 23" East a dlatance of 1,480.17 feet to the POINT OF BEGINNING; CONTAINING a computed area of 11.844 acrea (5D7,229 square feet) of land. Qd09d W MwrMN • AAt� �100 . Fart M/a�blYen 76107 �en�aa�.,im • rao�n�.aas.» A draw/ng of even dote accomponies th/s metes and bounds description. DATE: APRIL 10, 2012 SHEET 1 OF 4 WATER QUALITY POND AND DRAINAGE EASEMENT FRANCIS BAT50N SURVEY, ABS7RACT NUMBER 43 cirr oF o�roN, DENTaN CWNTY, TEXAS JOB NUMBER; 2P06029 Page 26 4688826.8 57776.1 ATTA 0� �' � � $G� �� o ioo' � SCALE FEET i'- �oo' WAL—MART REAL ESTATE/ � BU5INESS TRACT NOB'41 0 DOCUMENT NUMBER 51• 2Q08-96503 27 3 M ^ in ,: r �n o '� z w ,��n o rn� o^ z y'�i�. 7. � ENT D ALLEGIANCE HILLVIEW, LP. DOCUMENT NUMBER 2006-41743 50"E LOT 1 RAYZOR RANCH NORTH CABINET Y, SLIDE 740 RR MARKETPLACE, LP, TRACT 1 DOCUMENT NUMBER 2008-134210 WATER QUALITY POND AND ORAINAGE EASEMENT 11.644 ACRES (507,229 SQUARE FEE� LOT 1 RAYZOR RANCH NORIIi CABINET Y, SLIDE 740 RR MARKEIF'LACE, LP. TRACT 1 �OCUMENT NUMBER 2008-134210 17p 29• The bearings shown hereon are based upon the sautherly Ilne of that tract of lan�i dascrlbed as Tract Two (n the deed to Alleglance Hlllvlew, LP recorded In Document Numbar 2006-41743, Dned Records of Denton County, Texas (North 88'33�20�� West), dEfl Bd�Y�WwM • SuR� �OD • Fat 1Ma�h Tm 76t07 � e»aae.i i� • w� ev.aas.��av A metes and bounds descrlpt/on of even date accompanles this drawing. DATE: APRIL 10, 2012 88. DO' 37 I I I I N•M �I� �I� x•x �I� I WATER WALITY POND AND QRAINAGE EASEMENT FRANCIS BATSON SURVEY, ABSlRACT NUMBER 43 arr oF o�row, DENTON COUNTY, TEXAS JOB NUMBER: 2006029 Page 27 4688826.8 57776.1 o �oo� � SCALE FEET 7"— 100' ATTACHMENT D 0� �+�' c� �� T' � ALLEGIANCE HILLVIEW, LP. I DOCUMENT NUMBER I 2006-41743 'E 1460 7' � I ( LOT 1 RAYZOR RANCH NORTH CADINET Y, SLIDE 740 I � N�M iIx N� �I� x,x U � �Ig I 5 �� ZO 2��' RR MARKETPLACE, LP. TRACT 1 DOCUMENT NUMBER 2oaa—i34zio WATER QUALITY POND AND DRAINAGE EASEMENT 11.fi44 ACRES (507,229 SQUARE FEET) 385.23' � � RR MARKETPLACE, LP. LOT 1 TRACT 1 RAYZpR RANCH NORTH DOCUMENT NUM9ER CABINET Y, SLIDE 740 2008-134210 The bearings ahown herean are based upon the southerly Iine of that traot of land described as Tract Two in the deed to Alleglance Hlllvlew, LP recorded fn Document Numbar 20Q8-41743, Deed Records of Denton County, Texas (North 8B'33�20'� West). �DUNAWA�/ 600BaMi/wwu� . A�ts IOD • PortMibdlt T� 7d107 �e��.an�.i�si. w�e��aas» A metes and bounds descrlp�Jon of even dote accompanies this drowing. DATE: APRIL 1a, 2012 46.36' I r�l� �w'•� �� WW �� 2 aa ��s SHEET 3 OF 4 WATER WALJTY POND AND DRAINAGE EASEMENT FRANCIS BATSON SURVEY, ABSTRACT NUMBER 43 cirr oF o��rori, DENTON COUN77, TEXAS JOB NUMBER: 2006029 i'age 28 4688826.8 57776. ] 0 10D' � SCALE FEET 1"� 140' I � I r� l � �' �i x � w z z 2 � al� ��s 46,3g� ATTACHMENT D �� ALLEGIANCE HILLVIEW, LP. DDGUMENT NUMBER 2006-41743 POINT OF BEGINNING VARIABLE WID1H Ul1LITY AND � PEDESTRIAN ACCESS EASEMENT � DOCUMENT NUMBER � 2008-116296 + LOT t RR MARKETPLACE, LP. I RAYZOR RANCH NORTH TRACT 1 �i CABINET Y, SLIDE 74Q DOCUMENT NUMBER k 2008-134210 r WATER QUALITY POND AND � DRAINAGE EASEMENT � 11.644 ACRES F (507,229 SQUARE FEE� N 10' WIDE UNPROCESSED NATURAL GAS PIPELINE EASEMENT DOCUMENT NUMBER 20D8-80892 484.37' � LOT 1 RR MARKEiPLACE, LP. I RAYZOR RANCH NORTH 1i2ACT 1 CAHINET Y, SLIDE 740 DOCUMENT NUMBER 2008-134210 The bearings shown hereon are 6ased upon the southerly Ilne of thot tract of land described as Tract Two in the deed to Alleglance Hlllvfew, LP recorded In Document Numbor 2008-41743, pead Racords of Denton Caunty, Texas (North 88'33'20" West}, dE0 BdsVAwaM • iull� �00 • Faf Ybh T� 76107 r�e»�.�i��. w�ev.aas.»av A metes and bounc�s desc�/ptlon of even dote accompanles this draw/ng. DATE: APRIL 10, 2012 Wr W � �I �. i— � w � =��c W �Z� � � f., °' Z� m °�° W �UN Z ao Z� O>` m" SHEET 4 OF 4 WATER QUALJTY POND ANU ORAINlaGE EASEMENT FRANCIS BAT50N SURVEY, ABSTRACT NUMBER 43 cirr oF o��rori, DENTaW COUNTY, TE%AS JOB NUMBER: 2006029 Page Z9 4688826.8 57776.1 Attachment E Remainder Tract METES AND BQUNDS DESCRIPTION BEING a 20.225 acre tract of land situated in the Francis Batson Survey, Abstract Number 43, Denton County, Texas, in the City of Denton, being a portion of the tract of land described as Tract I in the deed to RR Marketplace LP, recorded in Document Number 2008-134210, being a portion of Lot 1, Rayzor Ranch North, an addition to the City of Denton according to the plat recorded in Cabinet Y, Page 740 Plat Records of Denton County, Texas, said 20.2Z5 acre tract of land being more particularly described as follows: BEGINNING at a point in ihe westerly right-of-way line of Bonnie Brae Street (a variable width right-of-wayJ as described in the instrument recorded in Document Number 2008-96936, Deed Records of Denton County, Texas for the northeasterly corner of said Lot 1; THENCE with the westerly righ�t-of-way line of Bonnie Brae Street South 00°59'30" West a distance of 333, 53 feet to a point for corner; THENCE departing the westerly right-of-way line of Bonnie Brae Street North 88°37'48" West a distance of 484,37 feet to a point for corner; THENCE North 82°26'07" West a distance of46.36 feet to a pointfor corner; THENCE North 88°28'23" West a distance of 385.23 feet to a point for corner; THENCE South 68°3o'02" West a distance of 155.13 feet to a point for corner; 7HENCE South 01°22'12" West a distance of 526.42 feet to a point for corner; THENCE North 8$°37'48" West a distance of 237.92 feet to a point for corner; THENCE South 01°22'12" West a distance of 144.3� feet to a point in a non-tangent curve to the right having a radius of 300,00 feet; THENCE Northwesterly along said curve through a central angle of 06°30'01" an arc distance of 34.03 feet with a chord bearing of North 67°00'30" UVest a chord distance of 34,02 feet to the point of reverse curvature of a curve to the left having a radius of 750.00 feet; THENCE Northwesterly along said curve through a central angle of 24°05'36" an arc distance of 315.38 feet with a chord bearing of North 76°35'00" West a chord distance of 313.06 feet to a point for corner; Page 30 4688826.8 57776.1 THENCE North 01°22'12" East a distance of 455.30 feet to the point of curvature of a curve to the right having a radius of 600.00 feet; THENCE Northeasterly along said curve through a central angle of 19°04'35" an arc distance of 199.77 feet with a chord bearing of North 10°54'30" East a chord distance of 198,85 feet to the point of reverse curvature of a curve to the left having a radius of 600,00 feet; THENCE Northeasterly along said curve through a central angle of 19°04'35" an arc distance of 199.77 feet with a chord bearing of North 10°54'30" East a chord distance of 198,85 feet to a point for corner; THENCE North 01°22'12" East a distance of 173,83 feet to a point for corner in the northerly line of said Lot 1; THENCE with the northerly line of said Lot 1 the following: South 88°37'48" East a distance of 28.00 feet fio a point for corner; South 55°25'S0" East a distance of 88.81 feet to a point for corner; South 89°00'23" [ast a distance of 1,460.17 feet to the POINT OF BEGINNING; CONTAINING a computed area of 20.225 acres (881,004 square feet) of land, Page 31 4688826.8 57776. ] �� ' N �-. � � � � � � � � I ,� ._.____..... -_ N01'22']3"E_ .,____, : __ 173.83' � a=19'Q4'35" � R=600.00' L=199.77' °, CH=N10'S�'3fl'E ; 198.85' ..W � �'�(I ^a=19'0n4'35-7"�� ;_,' �\�OD.QV• �—�.7�.7f'� �f- CH=N1 �'54'30"E t'r� 188.85' �; ' .� - �j � � C;� ..,.g � °si ` o�� i i �� W � ' ; � � '�;�I� � '�"�, � N01�2'12'IE r"!'' I ;j I i 455.3fl � I ��a ; ; � �� ,,�� Rw_ k E i ` � (zt 48"E 28.00' i`50"E 88.81' 385.23' '; S68'30'02�Yy N82'2E 155.13' ,i �.36' i � V i�� ' ' �� f ?i � � �^� `° � �"� `' �` ��' �� s s� �—N8837�4$"W 237.92' ° i i i ' _. � : - __ ' � y �—`24'OC7�.36w �'F J�'0�'22�121�/ �44.30� � h [ 1 CH=N76'35�00 W � ' u .;- �- �_� I..: ,� l + ' �{ r�';, � a=75b_Od' L-315.3$ h - �� ,s= i �j � � � � �� ,�� d '�� 3'13 q6 � � , � ��_ :� � -y � �,,: �, �,3 S�r �'�" w. 3=�� :� � � � � i � `t ' I � ��'� ��1 i q � .�. ��2=300A0' L=34.03' "'��' � � � � � � p� � � �� 14�� f -� � � � � �� f� ' � �',°�� . _ �_ � '� � CH=�167'00''..r0 W�,�� i; ,� L � � w-�; � � _ . �-.- -. -�-.�,. F 1I _� .x�°' -._ ` `. j . n �.. , � . _: �.fl2 .,.1 ._ . �t. _ � � �I , �� . � j � � � �.. � ... � ..� . .. -..,.. _--" .'-` 1 ' _ ._°' ........ ..:. } � j ._ .: . . .. � : �4�' . �� I b . I ,.r�N � — `�. . � � .�. . - ., . . _ _ .. _ r-�u` ��j�^ -,. - ��... ._ - .. ::_ �_ -..� � 7' � � � � �. . l .�_ �_`Z"�,.. � N+E57 U1V(VERSITYOR/lr,� {IJ S_ NIGHI��I Y 38Q) v1 ` �, . ..� o _� _ a.. . ' ....«� :w--«-,.Q i I � � _ _._ � � _ : ._,-: _' _ � � _... ;:. I i . -.�� —_ -,-''° , � , _ ' . a�t _ y,..,,�� .,_� I , .,.. _.�,- m_ . . ,. I, ,, __ _ _ - ' � 3 � • �- -- f - - �- ' =� ,� ': � - �' �iF�s� �� ti._ t. � r . .ti __ �i i , � � ,. �� : r .�, . . , �� :� � � •� � �' , ;, -. I �., ! � , ,, . a�... , � _ ��ti QAn.��... _.._... VIONIlY M�P N.TS. 0 300' SCa1E FEEr 1'= 300' � REbIAWQER TRAC AZTA�NT �L' RAYZOIt RANCH NORTH ��N��%�Y �.a.,�,�.�.. �,.�.�.�.,.��,� ,��.,�..�� A47E: FRAL R M17 ,VB N/!1JFR iPIV4�.496 Attachment F Irrevocable Standby Letter of Credit IRREVOCABLE STANDBY LETTER OF CREDIT ISSUING BANK: WELLS FARGO BANK, N.A. ONE FRONT STREET, 21 ST FLOOR SAN FRANCISCO, CALIFORNIA 94111 Attention; TRADE SERVICES DIVISION — STANDBY LETTER OF CREDIT LTNIT Phone: (800) 798-2815 OPTION 1 E-mail: SFTRADE cr,WELLSFARGO.COM ISSUE DATE: STANDBY CREDIT REFERENCE NO. To: City of Denton City Hall 215 E. McKinney Denton, Texas 76201 Attn: George Campbell, City Manager ALL DRAFTS DRAWN UNDER THIS CREDIT MUST BE MARKED: "Drawn Under Standby Credit Reference No. [ insert applicable number as referenced above ]". By the order of RR Marketplace LP, we hereby issue in favor of the City of Denton, Texas ("Beneficiary") our irrevocable credit for the account of RR Marketplace LP ("Applicant"), for an amount or amounts not to exceed in the aggregate ($ ) United States Dollars available by your drafts at sight on the Wells Fargo Banlc, N.A,, effective from and expiring at our office at the close of business on , 20_ for use in accordance with the terms and conditions below. Funds under this credit are available against your draft(s) marked with our credit number as shown above. The documents specified below must be presented at sight on or before the expiry date in accordance with the terms and conditions of this letter of credit: F�age ;33 4688826.8 57776.1 If there is a default by Applicant, or its successors and assigns under the terms and conditions of the �tormwater Management Facilities Maintenance Agreement and Perpetual Easement Grant entered into between Applicant and Beneiiciary dated effective , 20_ (the "Contract"), after expiration of all applicable notice and cure periods, and Beneficiary shall desire to draw under this Letter of Credit, the Beneficiary shall present to the undersigned the following statement along with the Letter of Credit and Draft, as described below: 1) provide a statement executed by the Beneficiary or its designated representative which states: "In accordance with terms of the Contract, we certify that RR Marketplace LP, or its successors and assigns, has defaulted and that notice has been provided under the terms and conditians of the Contract and RR Marketplace LP, or its successors and assigns, has failed to cure its default in the time allotted under the Contract." Reduction — This credit shall be reduced as follows: Upon receipt �f written notification, executed by the Beneficiary or its designated representative, that states: "In accordance with terms of the Contract, we certify that RR Marketplace LP is entitled to a reduction of the credit in the amount of $ " This credit shall be reduced by the amount stated in such notice. We engage with you that drafts drawn under and in conformity with the terms of this credit will be duly honored on presentation if presented to us at our office at the address shown above on or before the expiry date. If the draft is less than the amount of the Letter of Credit, the statement required under this credit and this original letter of credit must accompany the draft for endorsement of the amount paid. Partial and multiple drawings are expressly permitted. If the draft is for the full amount, the statement required under this credit must accompany the draft and The Letter of Credit must be surrendered to us. In no event shall the Letter of Credit be terminated prior to , 20_. Ui�less the undersigned elects not to renew this Letter of Credit as provided below, this Letter of Credit shall automatically renew for one year periods commencing on the initial expiration date and continuing on each succeeding expiration date. In the event that the undersigned elects not to renew this Letter of Credit, it shall give written notice of such election to Beneficiary at the address noted above, with copy to Env. Services Sustainability Director, 901-A Texas Street, Denton, Texas 76209, by certified mail, return receipt requested, and postmarked no less than 60 days prior to the expiration of the initial term or any renewed terms, as the case may be. Upon receipt of said notice, Beneficiary may at any time prior to the expiration of this Letter of Credit, present a draft in an amount equal to (i) the remaining amount of the Letter of Credit or (ii) any portion thereof, without the necessity of ineeting the requirement of 1 above, and no documents or stateinents, other than the draft, sha.11 be required t� draw on the Letter of Credit. Failure to give such notice will cause this Letter of Credit to automatically renew for an additional one year period. Except as stated in this Letter of Credit, our undertaking in this Letter of Credit is not subject to any condition or qualification. Our obligation under this Letter of Credit is our individual obligation in no way contingent upon reimbursement with respect thereto, F�age 34 4688826.8 57776. ] THIS LETTER OF CREDIT IS ISSUED SUBJECT TO THE INTERNATIONAL STANDBY PRACTICES 1998 (ISP98), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590. WELLS FARGO BANK, N.A. BANK OFFICER Page 35 4688826.8 57776. ]