2007-125
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FirstExtensiontoAgreementKOrdinanceNo.200909504/21/09JR
SecondExtensiontoAgreementKOrdinanceNo.201108405/17/11JR
ThirdExtensiontoAgreementKOrdinanceNo.201334512/17/13JR
ORDINANCE NO. 2007- ~~~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND DENTON 288, L.P. FOR THE PROVISIONS OF SANITARY
SEWER AND WATER FACILITIES PERTAINING TO THE HILLS OF DENTON, A
DEVELOPMENT LOCATED IN THE CITY OF DENTON, TEXAS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas and Denton 288, L.P., a Texas Limited
Partnership have entered into an Agreement providing for the mutual costs and responsibilities of
the parties regarding the mutual obligations of the parties regarding the furnishing of sewer and
water facilities in a certain approximate 2121 acre tract of land, within the City of Denton,
commonly known as the ``Hills of Denton:" and
WHEREAS, the City believes that the Agreement is in the best interests of the City and
provides for the measured water and sewer growth of a new development north of Denton, and
that a valid governmental purpose is served by said Agreement; NOW, THEREFORE,
THE COUNCPL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Mayor, or in his absence, the Mayor Pro-Tem, is hereby authorized to
execute, on behalf of the City Council of the City of Denton, Texas, the "Agreement by and
Between the City of Denton, Texas and Denton 288 L.P. For the Provision of Sanitary Sewer and
water Facilities," which Agreement is attached hereto as Exhibit "A" and incorporated by
reference herein.
SECTION 2. The City Manager shall have the authority to expend funds as are necessary
to perform this Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the•J~ day of , 2007.
.m~n~
RR . McNEILL, MAYOR
S:\Our Documents\Ordinanecs\07\Sewer and Water A~reemen[-Hills of Denton Project-2007.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
ED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~
By: ~/
V
Page 2 of 2
THE STATE OF TEXAS
COUNTY OF DENTON
AGREEMENT BY AND BETWEEN THE CITY OF DENTON, TEXAS
AND DENTON 288, L.P. FOR THE PROVISION OF
SANITARY SEWER AND WATER FACILITIES
T IS AGREEMENT (the "Agreement") is made and entered into on the ~ day of
2007 by and between Denton 288, L.P., a Texas limited partnership
(the "Develo er") and the City of Denton, Texas, a municipal corporation and ahome-rule
municipality (the "City'), located in Denton County, Texas.
RECITALS:
WHEREAS, the Developer is the owner and developer of the "Hills of Denton;' which
is a development located in the City, that contains approximately 2121 acres of land, and is more
particularly described in Exhibit "A" which is attached hereto and incorporated herewith by
reference (the "Development'); and
WHEREAS, certain off-site sanitary sewer facilities need to be constructed in order to
meet the demands projected to be created by the Development; and
WHEREAS, in addition, the City desires to construct sanitary sewer facilities to meet the
needs of the City, which are above and beyond the needs projected to be created by the
Development; and
WHEREAS, certain oft=site connections to the City's water distribution facilities need to
be constructed by the Developer, at the Developer's cost to provide potable water service to the
Development; and
WHEREAS, the City and the Developer have entered into this Agreement to set forth the
terms, conditions, and provisions under which the proposed sanitary sewer facilities and the
proposed water distribution facilities will be constructed and paid for; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
the mutual promises and undertakings by the parties hereto, the sufficiency of which
consideration is hereby acknowledged, the parties hereby AGREE as follows:
I . Description of Sewer Facilities. The sanitary sewer facilities provided for in this
Agreement (the "Sewer Facilities") are described as follows:
A. The off-site Sewer Facilities to provide wastewater service to the Development and to the
Milam/Clear Creek Sewer Basins will be constructed in two phases, as depicted in Exhibit "B"
which is attached hereto and incorporated herewith by reference.
48683
B. The "Phase I" project will include construction of the 30-inch off-site sewer line from the
Development up to the proximity of the proposed 1.8 million gallons per day (mgd) Interim
Milam Creek Lift Station (IMCLS), a IS or 18-inch sewer line connection from the 30-inch
sewer line to the IMCLS to carry 1.8 mgd flow, and the construction of the IMCLS and
approximately 8,500 feet of 8-inch force main from the IMCLS to south of Loop 288, to
discharge wastewater into the City's existing wastewater collection system along Stuart Road.
C. The Phase 11 project will include construction of the sanitary sewer line extending from
the IMCLS to the Clear Creek Water Reclamation Plant (`CCWRP") site, the line's destination,
and construction of the CCWRP. During the construction of the Phase II project, City
wastewater service to the Development will be maintained, without interruption, for all phases of
construction in the Development.
2. Developer's Construction Project. Developer is responsible for the survey, design and
construction of the entire off-site "Phase I" project (see definition of "Phase I" project in Section
l.B. above). Also, the Developer is responsible for the design, easement acquisition and
construction of all on-site sanitary sewer facilities needed to serve the wastewater needs of the
Development. The City agrees to grant access to the Developer, its successors and assigns, and
their respective employees, contractors, subcontractors and agents, upon any property,
easements, or rights-of--way owned by the City in which any of the on-site or off-site sanitary
sewer facilities are intended to be located. The City shall review all requests for easements and
rights-of--way to assess whether any feasible alternatives to condemnation exist. Any and all
reasonable costs and expenses associated with obtaining such on site easements or rights-of--way,
including but not limited to land acquisition costs, reasonable attorneys' fees, reasonable
engineering fees and other reasonably foreseeable costs, shall be the sole responsibility of the
Developer to the extent Developer specifically requests the assistance of the City in writing in
connection therewith.
A. The Developer at Developer's sole cost shall submit to the City a sewer master plan that
reflects the wastewater needs of the Development per the zoning for [he Development that is
approved by the City. In addition the sewer master plan shall include all existing or projected
wastewater flows from upstream off-site areas that drain through the Development.
B. The sewer master plan shall comply with the latest edition of the City of Denton
Water/Wastewater Design Criteria Manual, which is incorporated herewith and made a part of
this Agreement by reference. The sewer master plan submittal and review will be required
during the general development and preliminary plat process.
C. Any oversize of on-site sewer lines required to accommodate wastewater flows from
contributing off-site areas will be paid for by the City, in compliance with the current subdivision
and development code requirements of the City. The parties hereto understand that oversize
participation agreements are subject to the approval by the Denton City Council, after the City
Council receives a recommendation from the City of Denton Public Utilities Board.
D. Developer understands that the City charges impact fees for all new or expanded water
and sewer connections to the City water/wastewater system. Developer's costs related to survey,
design and construction of the "Phase I" project do not represent any credit against the impact
48683 2
fees due and owing to the City. Impact fees are assessed for all connections to the City
water/wastewater system based upon the rate schedule that is in effect at the date that the plat of
the Development is accepted by the City. Impact fees will be collected at the time a building
permit is obtained; or if a building permit is not required, they are collected at the time an
application is filed for a new connection to the City's water or wastewater system. Developer
also understands that it shall also receive no credit against any meter connection fees due to the
City.
E. The City and Developer agree that if Developer does not complete the construction of the
'`Phase I" project by the second anniversary of the execution of this Agreement; that the City
may elect to terminate this Agreement without any liability therefore; or in the alternative, the
City may elect to offer an amendment to this Agreement, but is not required to offer said
amendment to Agreement, for Developer's consideration.
F. The Developer will not be responsible for payment of any cost share in the survey,
design, construction, and easement costs for the Phase [[ project. The survey, design and
construction of the "Phase 1" project will be the only obligation of the Developer for off-site
sewer construction to obtain wastewater service for the entire Development.
3. City's Construction Project. The City is responsible for the off-site easement acquisition
for the "Phase I' project. and for the survey, design, easement acquisition and construction of the
entire Phase II project as shown in Exhibit "B."
A. As wastewater tlows reach the capacity of the IMCLS described in Section I.B. above, the
City will commence the construction of the "Phase I I" project, which will at that time include the
sanitary sewer line extending from the IMCLS to the Clear Creek Water Reclamation Plant
(`CCWRP") site, the line's destination, and the City will at that time construct the CCWRP.
During the construction of the Phase II project, City wastewater service to the Development will
be maintained, without interruption, for all phases of construction in the Development.
B. The City will provide for adequate wastewater capacity in the off-site Sewer Facilities for all
phases of construction in the Development in accordance with the zoning that is approved by the
City.
4. Description of Water Facilities. Water supply for the Development is available from
the existing thirty-six (36") inch transmission pipeline located to the south of the Development
along the north side of Loop 288. The City prefers that connections to the pipeline come from
only four (4) existing pipeline stub-outs located at:
1. The northwest corner of Loop 288 and Locust Street (FM 2164) (16-inch)
2. Approximately 3,200 feet west of the above location along the north side of Loop 288
(I 2-inch).
3. & 4. Approximately an additional 1,800 feet west of the immediately previous location
along the north side of Loop 288 near the northeast corner of the UNT Research Campus
(two connection points, 12-inch and 16-inch)
48683 3
In addition there is an existing 12-inch waterline located on Milam Road (FM 3163)
approximately 2,750 feet east of IH-35, available for extension along Milam Road to provide
additional capacity and service to the northern section of [he proposed development.
A. Water service from the thirty-six inch (36") transmission pipeline will provide adequate
service pressures for the Development at a water service elevation of no more than 712 ft MSL,
in accordance with current Texas Commission on Environmental quality (TCEQ) regulations. It
is recommended to the Developer by the City that any properties within the Development that
are in excess of this elevation be served by a separate pressure plane system or be re-graded to an
elevation lower than 712 ft MSL.
B. Current City subdivision regulations require the Developer to design and to install
booster pump stations that are not part of a city-wide pressure plane system. Based upon a
preliminary review of the topographic elevations of the Development, there is only one (1)
location that may have difficulty with meeting this criterion. Acceptable alternative options for
[his area include:
I . Re-grading the area to lower the hill to an elevation of less than 712 ft MSL.
2. Providing a booster pump station and pressure plane acceptable to City standards. The
City may elect to require that this system be privately owned and operated, depending
upon the factual situation.
3. Consider park space, open space or other land uses that for this area that will not require
City water service.
C. The Developer, at Developer's sole cost will be required to perform a water distribution
system analysis and master plan for the Development to identify the necessary water system
improvements needed to serve the Development under a build out condition.
D. The City will provide suitable hydraulic information for the existing transmission
pipeline system for the Developer's engineering consultant to use for boundary conditions for
their distribution model. If the Developer prefers, the City will make arrangements for an
engineering £um [o perform this engineering analysis; however the Developer understands that
this engineering analysis would be solely at the Developer's cost and expense.
E. It is anticipated that the Development will require a minimum of three, and a maximwn
of four off-site connections from the Loop 288 water transmission system, to serve the build out
condition for this Development. The waterline along Milam Road will provide an additional
supply. The overall density of the project, the land uses and fire protection requirements; the
phasing of the Development; and the sizes and timing of the off-site waterlines will have a
bearing on the number of connections required and their required size.
F. All waterline extensions shall be designed under current City subdivision and
development code and design criteria manual requirements. The analysis and review will be
required during the general development and the preliminary plat process.
G. All off-site water line extensions will be subject to consideration for oversize
participation agreements by the City in accordance with current City subdivision and
48683 4
development code requirements. Oversize participation agreements are subject, however, to
approval by the Denton City Council after receiving a recommendation from the City of Denton
Public Utilities Board.
H. The Developer may elect to request apro-rata agreement from the City for any off-site
water improvements in accordance with current City subdivision and development code
requirements. Pro-rata agreements are subject to approval by the Denton City Council after
receiving a recommendation from the City of Denton Public Utilities Board.
L All waterlines in the Development shall be installed within dedicated City street right-of-
ways or within public utility easements, as are approved by the Director of the City's Water
Utilities Department. Extensions of waterlines along Locust Street (FM 2164) and Milam Road
(FM 3163) will require a public utility easement of a minimum width of twenty (20') feet,
located adjacent to the future right-of--way dedication for FM 2164. The Developer expressly
recognizes and understands that the location of waterlines within the FM 2164 Highway right-of-
way will not be approved by the City.
5. Design of Public Improvements; Annroval of Plans and Snecitications. All public
improvements associated with the Developer's construction project and the City's construction
project (hereafter the "Public Improvements") shall be designed and constructed in accordance
with the City's standard specifications for public works construction; which specifications are
incorporated herewith by reference.
A. Construction for the Developers construction project shall not commence until the
Developer and its contractor enter into the City's standard three-way public works contract
between the City and the Developer, and its contractor (the `'Three-Way Agreement"); and a
performance bond in the amount required; a payment bond; and required insurance certiticates
are delivered to the City, in the form and substance required by the City.
6. Notices. Any notice, demand or other communication required or permitted to be
delivered hereunder (other than invoices to be delivered as hereinafter described) shall be
deemed received when sent by United States mail, postage pre-paid, certified mail, return receipt
requested, addressed to each respective party, or sent via facsimile to the fax number set forth For
each party at the time indicated on the confirmation of transmission generated by the sender's
electronic equipment, as follows:
If to the City:
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
Attention: Howard Martin
Assistant City Manager/Utilities
Fax No.: (940) 349-8120
With a copy to:
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
Attention: Jim Coulter
Director of Water Utilities
Fax No.: (940) 349-8120
48683 5
If to the Developer:
Denton 288 L.P.
C/O Tomlin Investments, Ltd.
4265 Kellway Circle
Addison, Texas 75001
Attention: Dan Tomlin, lII, President
Fax No.: (972) 788-4247
With copies to:
Tomlin Investments, Ltd.
4265 Kellway Circle
Addison, Texas 75001
Attention: Rod Zielke, Partner
Fax No. (972) 788-4247
The parties hereto may change their respective notice addresses for all communications and
invoices, by a written notice delivered to the other party, in accordance with the terms of this
Section 6.
7. Time is of the Essence. Time is of the essence in the performance of obligations
under this Agreement.
8. Governine Law and Re ug latory Authority. This Agreement was executed in the State of
Texas and shall be governed by, construed, interpreted, and enforced all in accordance with the
laws of the State of Texas. All obligations of the parties created under this Agreement are fully
performable in Denton County, Texas. The parties agree that exclusive venue for any lawsuit
enforcing or interpreting any of [he rights and obligations, or for any other cause of action arising
under this Agreement, shall be a court of competent jurisdiction in Denton County, Texas.
9. Entirety of Agreement. This Agreement constitutes the sole and entire agreement
and understanding between the City and the Developer. Neither party hereto is bound by or
liable for any statement, representation, promise, inducement, understanding or undertaking of
any kind or nature, whether written or oral, with regard [o [he subject matter hereof not se[ forth
or provided or herein. This Agreement replaces all prior agreements and undertakings between
the parties hereto with regard to the subject matter hereof. It is expressly agreed that the Parties
may have other agreements covering other services not expressly provided for herein, which
agreements are unaffected by this Agreement.
10. Force Maieure. The City and the Developer shall not be in default or otherwise
liable for any delay in, or failure of performance under this Agreement if such delay or failure
arises by any reason beyond its reasonable control, including any act of God, any acts of the
common enemy or terrorism, the elements, earthquakes, floods, fires, epidemics, riots, failures or
delay in transportation or communications, or any act or failure to act by another third party or
such other third party's employees, or agents. However, the lack of funds shall not be deemed to
be a reason beyond a party's reasonable control. The parties will promptly inform and consult
with each other as to any of the above causes, which in their judgment may or could be the cause
of a delay in the performance of this Agreement.
I L Severabiliri. [f any term or provision of this Agreement is held by a court to be illegal,
invalid, or unenforceable, the legality, validity or enforceability of the remaining terms or
provisions of this Agreement shall not be affected thereby, and in lieu of each illegal, invalid or
unenforceable term or provision there shall be added automatically to this Agreement a legal,
valid or enforceable term or provision as similar as possible to the term or provision declared
illegal, invalid, or unenforceable.
48683 6
12. Attorney's Fees. Should either Party to this Agreement commence legal proceedings
against the other to enforce the terms and provisions of this Agreement, the Party who does not
substantially prevail in the proceeding(s) shall pay a reasonable amount of attorney's fees and
expenses (including, but not limited to expert witness fees and deposition expenses) incurred by
the substantially prevailing Party.
13. Amendment. This Agreement may be amended only upon the mutual agreement of both
of the Parties hereto, which amendment shall not be effective until it is reduced to writing and
authorized and executed by the Parties.
14. Assi >ng ability The City and the Developer agree that this Agreement may not be
assigned without the prior written consent of the other party due to the special covenants, nature,
and subject matter of this Agreement; provided, however, Developer shall have the option to
assign this Agreement or any part of this Agreement or any right, title or interest of Developer
under this agreement to a (a) any person or entity (Developer Assignee"); provided that the
creditworthiness of the proposed Developer Assignee is equal to or greater than that of the
Developer; or (b) any lender providing refinancing for the acquisition and/or development of the
Development in whole or in par[, upon the written consent of the City provided:
(a) The assignment is in writing, executed by Developer and the Developer Assignee
following the advance written consent of the City; and
(b) The assignment incorporates this Agreement by reference and fully binds the
Developer Assignee to perform (to the extent of the obligations assigned) in
accordance with this Agreement; and
(c) A copy of the executed assignment is provided to all parties.
From and after the effective date of any assignment by the Developer, the City agrees to look
solely to the Developer Assignee for the performance of the obligations assigned, provided,
however, no assignment by Developer shall release Developer from any liability to the City that
arose from an event of default by Developer (or from any failure by Developer which, if not
cured, would constitute an event of default) that occurred prior to the effective date of the
assignment. Each Developer assignee shall become a party to this Agreement when a copy of
the executed assignment has been provided to all of the parties.
I5. No Waiver. The failure of he City or the Developer to insist, on any occasion, upon
strict performance of any provision of this Agreement will not be considered to waive the
obligations, rights, or duties imposed upon the Parties. No waiver of any breach or violation of
any term of this Agreement shall be deemed or construed to constitute a waiver of any other
breach or violation, whether concurrent or subsequent, and whether of the same or of a different
type of breach or violation.
16. No Third-Party Beneficiaries. This Agreement is not intended to, and does not
create rights, remedies, or benefits of any character whatsoever in favor of any persons,
corporations, associations, or entities other than the Parties hereto and their permitted successors-
in-interest; and the obligations herein undertaken and assumed are solely for the use and benefit
48683 7
of the Parties, their successors-in-interest, and any permitted assigns pursuant to the terms and
provisions of this Agreement.
17. Paragraph Headings and Construction of Agreement. The descriptive headings of
the various articles and sections of this Agreement have been inserted for the convenience of
reference only, and are to be afforded no significance in [he interpretation or construction of this
Agreement. Both Parties hereto have participated in the negotiation and preparation of this
Agreement, which shall not be construed either more or less strongly against or for either Party.
18. Gender. Within this Agreement, words of any gender shall be held and construed
to include any other gender, and words in the singular number shall be held and construed to
include the plural, unless the context otherwise requires.
l9. Exhibits. All Exhibits to this Agreement are incorporated herewith by reference for
all purposes, wherever reference is made to the same.
20. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective heirs, executors, administrators, legal representatives, successors,
and permitted assigns.
21. Multinle Counteroarts. This Agreement may be executed in four (4) original
counterparts, each of which is deemed an original, but all of which constitute but one and the
same instrument
22. Authority. The City represents that this agreement has been approved and duly
adopted by the City Council of the City in accordance with all applicable public meetings and
public notice requirements (including, but not limited to, notices required by the Texas Open
Meetings Act) and that that the individual executing this Agreement on behalf of the City has
been authorized to do so. Developer represents that this Agreement has been approved by
appropriate action of Developer and that the individuals executing this Agreement on behalf of
Developer have been authorized to do so.
SIGNATURE PAGE IMMEDIATELY FOLLOWS THIS PAGE
48683 8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be igned by their
respective duly-authorized officials and officers on this the ~'~ day of
~ ,ylrl/f1~, , 2007. .
"CITY"
THE CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By: c -
GEO GE C. CAM BELL
City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
--vc v'ELOPER"
Denton 288, Ltd,
By:Denton 2
A Texas ~ it
Its Ge ral P n
Name
Manager
company,
48683 9
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF DENTON
/}This instrument was acknowledged before me, on this ~ day of
( ~~~P, , 2007, by George C. Campbell, City Manager of the City of Denton,
Texag a Municipal Corporation, on behalf of the same.
L.s.
o°'~+'~;••, JANE E. RICHARDSON
_'°~ `~` Notary Public, State of Texas
- ~ r My Commission Expires
-';','E~°`- June 27, 2009
' ,,,,noP
~7p ~ ,~~l~r~r~C~r~
N~tary Public in and for the State of Texas
STATE OF TEXAS §
§~
COUNTY OF DALLAS §
his instrument was ackn4wled>ed before me, the undersigned authority on this o(~ day
of 2007, by ~J~ J)~ ~~P{~Q ,the Manager of DENTON 288 GP,
LLC., a Tex s limited partnership, acting on behalf of DENTON 288 L.P.
[L.S.]
N ary Public an 'I for he State of Texas
•,•iqr o~•.,~ EMILY REYNOLDS
Notary Public, State of Texas
' e.~i, ` My Commission Expires
'%%';F ;a`°~ January 26, 2011
,m"
S:~Our nocumems~Contraels~OT6lills of Denlon-Sewer & Water Facilities-Agreemen42007-MSC Drall Od0507.doc
48683 10
EXHIBIT "A"
LEGAL DESCRIPTION OF THE DEVELOPMENT
LEGAL DESCRIPTION
All that certain. tract of land situated in the Morris May Survey, Abstract Number 807, the J. S.
Collard Survey, Abstract Number 297, the Alexander White Survey,.AbstractNumber 1406, and
the Victor Gailor Survey Abstract Number 452,'Denton County, Texas and being all of the called
299.738 acre tract described in the decd .from Nairn/Oates 8z Galloway, lnc. to Lazry E.'Kuhlken
et ux recorded in Volume 1312,.Pagc 146 of the Real .Property Records of Denton County,
Texas, part of [he called 384.521 acre tract described in the Deed froth Amwest Savings
Association to Lawrence E. Kuhlken et ux recorded in Volume 3134, Page 537, of the said Real
Properly Records; and all of the called 64.821 acres described in the Deed froml3lsie L. Cole to
Larry E- Kuhlken et ux recorded in Volume.2360, Page 633 of the Real Property.Records;the
subject tract being more particularly described as follows:
BE GTIVNING for the Southcast~ corner of the tract being described herein at a 5/8 inch .iron. rod
found at the Southeast corner of. the_299.738 acre tract :and the Northeast comer of the called
110.252 acre tract described in the Deed from Teri. Taylor Companies, Inc. to Vandalar Partners
recorded under Clerk's Pile Number 93-0094497 on.thc South line oP the Victor E. Gailor
Survey, Abstract Number 452 and the WesTrighi-of-wayaipeof PM Highway 2164;
TIIL"•NCF.. North 88 degrees 42 minutes 41 seconds West generally along an established fence
line -with the South line of the 299.738 acre tract a distance of 4859 .39 feet to a Y .inch iron rod
.found at a fence corner post in an abandoned road;
"THENCE North O1 degrees 12 minutes 24 seconds East generally along an established fenceline
in the old road. with the Wes[ line of the.299.738 acre tract a distance of 1 l 86:17 feet to a '/z inch
iron rod found at a fenec comer post at the reentrant corner thereol;
TI-IENCE North 88 degrees 22 minutes 51 seconds West, a. distance of 1733.23 feet fo a fence
comer post at.thc Southwest comer of the 299.738 acre tract;.
"THENCE North 88 degrees 28 minutes 53 seconds West generally along an established fenec
.line with the South line of the 64.871 acre tract.a distance of 596.1 I feet to a '/x inch iron rod
found at an angle point therein;
THENCE North 89 degrees 09 minutes 15 seconds West continuing with the South .line of the
64.87.1 acre tract a distance of 1092.40 feetto a''/z inchiron rod found with a yellgw plastic cap
hereinafter referred tows a'/z inch iron rod found;
THENCF_ South 70 degrees O1 minutes 42~seconds Westa distance of 110.83 feet to a ''h. inch
iron rod found;
TI-IENCE North 88 degrees 49 minutes.03 seconds West a distzncc of 685.29 .feet to a %z inch
iron rod found;
Tl-1F.NCE North O1 degrees 51 minutes 27 seconds East a distance of 39.81 feet to a '/: inch iron
rod found;
Legal Description -Page I
TI-IFnCG Souih 89 degrees.30.minutes 32'seconds East a distance'of 624.6 feerto a'!/:.inch iron
- ' _.. .
rod found;
TI-fENCI North 01 degrees 00 minutes 50 seconds East generally-along an established fence line
with the West line of the 64.891 acre traeYa distance of 7'76426 feet to.a cross-tic fence corner
Pcist at the Northeast corner of the called .44.823 .acres described-:in~thc Deed from Lmil'Ivt:
Schwanz to ftuby Finch recorded in Volume 497,.Page 547•.oftheReal Property Records and the
~itost Soutlicrly. Southeast corner of the called 72.769'acres described iathe Deed from Richter,
Twin, Delaney ct ux to Thomas K: Stilton et ux recorded in Volutne.83Q; 1 age 37~ of the Roal
Property 12eeords;
THF.,NCL'• Nortti,00 degrees 39.'minutes;51 seconds East generally along an established fence line
with the West9inc of the 64-.871 acre traefa distance of 140.82 feet to a'fence corner post at,tJte
Northwest corner thereof;
TI-IENCE South 88 degrces.l0'mihutcs 37 seconds Gast',gencrally,along an established f%iice line
with theNorth line of tha G4:871' acre tract and'the South,liuc of tho Z2i769 acre; tract a distance,.
of 1089.99. feet to a'h inch iron rod found'at.a fence corner.,a[ the Southeast corner thereof,:[he
Northeast corner of'the 64x871 acre lract`and:an:anglc Point_oii.the'W.est; lihe of thet384:521 acre:
tract;
Tl-IENCE North-0O degrees ~8 minutes'16 seconds 1-as[.along a.v;~ell'establislicd~fence withahe
F_astlihe of the called 0:022 of an acrc'tracrdescribed.in the:deed from,Lawrence E. Kuhlkeri &:,
Jeanine Kuhlken to'fhonias K. Fulton et-ux'recordcdiunder.Clerk's'l?ile Nurriber.2004-82939;:a
distance of 660.87 feet to a '/z 'inch iron r;od'with a.ycllow plastic .cap stamped ".COLEMAN
R.p.L.S. 4001" scrat a fence corner posiaithe Northeasicorner thereof;
"I"HENCE North 86' degrees 29 inihutes 04 second§. West. along: a fence called .foi' in, the
description oP the 72:769 acre_tract and the~North lint of the said 0.022 of-an acre. tract distance
of 2.90 feet to the Northwest comer [hereof on the West irie of the 384:521 acre tract;.
'Ti-iENCE North.00 degrees 43 minutes l3 seconds £asLwitli the West line of the 384.521 acre
tract and East of an established fence a distance of f4i 1.39 feet to a %, inch-iron rod' oiirid ivitha
plastic cap stamped "Alliance" aLthe Northwest corner t}iercof;
'"THENCE Soutli 88 dcgrces52 hiinitles 53 seconds F.ast.generally;•along an established fence line
with the North line of the, 384:521, acre tract a distance of .1928:72. fcet'to a~'/~ inch iron pipe
found at an angle point thercih;
"CHENCF_-South.89 degrees 50 minutes l 1 "seconds East continuing generally along;a fence'parC
of;the way and with the North line of the:384.521 acrrtract;a_distance of 1482.37 feet to.a Ya'inch
iron rod found at',the Northerly Northeast cornet theri:of;
TI-IEN'CG South 00 degrees
and with the most Northern
'fence cgrher;post;
Legal. Description -Page 2
06 minutes 38 secorids'EasCgchcrally along a fence-par-t ot`thc way
East line ofahe 384.521 .acre tract a distanie of 120L42 fcet:to a
48683 12
THENCE South 89 degrees 56 minutes 31 seconds Easrgenerally along an established {ence.linc
with the North line of the 3$4.521 acre tract a distance of3898.05 feet to a '/z inch iron rod foiziid
atthc Easterly Ngrthe.astcorncr thereof on the West right-of---way tine ofahe.FM.h[ighway.2164;
THENCE with the West. right-of-way line of FM~Highway 2164 end the East linc'bfthe 384.521
acre tract thcSollgiving 9 calls:.
1. South_OO degrees 43 minutes 02 seconds Wcst:a distance of 602:28 fectto a'/z inch iron
cod found;
2. South 06 degrees 25 minutes'13 seconds West a distznce of lU0.44 feet to a Y, inch iron.
rod found;
3. South OO; degrees 4Q.mihufes, 50 seconds West a distance of200.02'feet-#o a %Z inch iron
rod found;
4. South 04 degrees 58 minutes 49 seconds East,a'distance of 100.42.fcet to a %z inch iroh
and found;
5: South 00 degrces~40 ininutes43aeconds'West a distance oP400;12 feel fo a_''/r inch iron
rod found;
6. South 09 degrees.04 mimnes 23 seconds West a distance.of.101.09 fectao a,%z inch iron
rod found;'
7. South_OO degrees 46 minutes 43 seconds Wcsta distance of 299:68 feet to a wood riglt-
of-:waymonument found:
8. South 07 degrees 40,minutes 33`secoiids.rasta.,distance:~f 101:63 feet to a %, inch:iron,
rod' found;
9. South OO degrees 42 minutes 49 seconds West a,distance of 238.45 feet to:a %z inch iron
rod found 5t the Southeast corner. of the 384.52.1 ?cie tract and theNortheast corner of'the-
299.738 acre tract;
TI-IF.,NCG.South 00 degrees 4i minutes 3R seconds West with'the Wesi.right-of-way Iinc,dfF[vL
1-Iigh~i~ay 2164 and 'fhe East line of the 299.738 acre tract a distance of ~ 1941.06. feet to the
PLACE OF BEGINNING and ENCLOSlI~1G 748.983 acPcs.
I;egal Description - Page~3
48683 13
EXHIBIT "B"
ILLUSTRATION OF THE OFF-SITE SEWER
FACILITIES
ExHlelr'•e'.
ILLUSTRATION OF THE OFF-SITE SEWER FACILITIES
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EXHIBIT B
7 inch equals 5,000 feet
48683 14