HomeMy WebLinkAboutResolution No. 2013-038
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2013-038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, APPROVING A DEVELOPMENT
AGREEMENT WITH EPC-ARSW, LLC. FOR THE
DEVELOPMENT OF THE PARKS OF AUSTIN RANCH AKA THE
BOAT HOUSE; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT; PROVIDING AN EFFECTIVE
DATE
WHEREAS, The City of The Colony has previously entered into Development
Agreements concerning the development of the master-planned multiuse project known
as Austin Ranch; and,
WHEREAS, the Developer desires to construct, operate and maintain The Parks
of Austin Ranch aka The Boat House; and,
WHEREAS, the City Council has determined it to be in the City's best interest to
approve the development agreement with EPC-ARSW, LLC., and authorize the city
manager to execute the agreement.
- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
approves the Development Agreement with EPC-ARSW, LLC.
Section 2. That the city manager is authorized to execute said Agreement.
Section 3. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this 2nd day of July, 2013.
J e McC urr , Mayor
ATTEST: .
hristi Wilson, TR , City Secretary TEX A`'
APPROVED AS TO FORM:
1 c Jeff Moore, City Attorney
I
AFTER RECORDING, RETURN TO:
City of The Colony
6800 Main Street
The Colony, Texas 75056
Attn: City Manager's Office
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into this day of .PLC 20135 by and between
the CITY OF THE COLONY, TEXAS, a Texas home-rule unicipality (hereinafter referred
to as the "City") and EPC-ARSW, LLC., a Texas limited liability company (hereinafter
referred to as the "Developer") (individually, a "Party," and together, the "Parties"), as follows:
WITNESSETH:
WHEREAS, Developer is the owner of approximately 25.223 acres of land located
within the City of The Colony, Denton County, Texas, as more particularly described in Exhibit
A, which is attached hereto and incorporated herein by reference for all purposes allowed by law
(hereinafter referred to as the "Property"), and certain related public improvements thereon; and
WHEREAS, Developer is developing the Property to be known as The Boathouse,
which Property will consist of multiple family dwellings, townhomes, landscaping, private park
and recreational facilities for residential use, associated parking and other accessory land uses
containing a minimum of 526 dwelling units at a density of 20.85 units per acre; and
WHEREAS, the Property is generally located south of Windhaven Parkway and west of
Plano Parkway in the City of The Colony, Texas.
NOW, THEREFORE, for and in consideration of the foregoing premises and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
City and Developer covenant and agree as follows:
Section 1. Incorporation of Premises. The above and foregoing recitals are true
and correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Term. This Agreement shall be effective as of the date of execution of this
Agreement by the last of the Parties to do so ("Effective Date"). This Agreement shall remain in
full force and effect from the Effective Date, and until completion of the Development as defined in
Section 4(a) of this Agreement, unless earlier terminated in accordance with Section 5 of this
Agreement ("Term"); provided, however that the provisions described in Section 6 of this
Agreement shall expressly survive the Expiration Date without limitation.
Section 3. Definitions. Wherever used in this Agreement, the following terms shall
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City of The Colony - EPC ARSW,LLC Page I of 14
have the meanings ascribed to them:
"Affiliates" shall mean means any person or entity which, directly or indirectly, through
one or more intermediaries, Controls, is Controlled by, or is under common Control with the
party in question.
"Agreement" shall mean this Development Agreement.
"City" shall mean the City of The Colony, Texas, a Texas home-rule municipality whose
address for purposes of this Agreement is 6800 Main Street, The Colony, Texas 75056.
"City Delay Day" shall mean any delay to Completion of Construction caused by: (i)
City's failure to act or respond within a reasonable time period; or (ii) other delays caused by
City that delay the Completion of Construction.
"City Engineer" shall mean the City of The Colony City Engineer or designee.
"Commencement of Construction " shall mean the grading and/or preparation of the
Property for construction.
"Completion of Construction " shall mean: (i) substantially completed in accordance with
the approved plans; and (ii) a Certificate of Occupancy for the Development has been issued by
the City.
"Control" means, directly or indirectly, the power to direct or cause the direction of the
management or policies of the controlled entity.
"Developer" shall mean EPC-ARSW, LLC, a Texas limited liability company or its
affiliates, whose address for purposes of this Agreement is 1722 Routh Street, Suite 1313,
Dallas, Texas 75201.
"Development" shall have the same meaning as described in Section 4(a) of this
Agreement.
"Effective Date " shall mean the last date of execution hereof.
"Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of a
Party's existence as a going business, insolvency, appointment of a receiver for any part of such
Party's property where such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against such
party where such proceeding is not dismissed within ninety (90) days after the filing thereof.
"Expiration Date " shall mean the earlier of the date on which the Parties have performed
their respective obligations or upon completion of the Development (which such date shall be
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extended for any Force Majeure Delay or City Delay Day).
"Force Majeure Delay" shall mean delay caused by a Force Majeure event as defined in
Section 7(i) of this Agreement.
"Property" shall mean the approximately 25.223 acres of land comprising a portion of
the Planned Development-22 District, Ordinance Number 09-1830, as approved by the City
Council of the City of The Colony, Texas, on October 6, 2009, as generally described and/or
depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes.
Section 4. Affirmative Obligations.
City and Developer agree as follows:
(a) The Development. The Developer covenants and agrees to construct on the
Property the Development to be known as The Boathouse, which consists of residential
development containing multiple family dwellings, townhomes, landscaping, private park and
recreational facilities for residential use, parking and other accessory land uses. The Developer
agrees to construct 526 dwelling units at a density of 20.85 units per acre on the Property. A
total of approximately 463,920 square feet (net) of buildings and facilities is proposed to be
constructed on the Property (hereinafter referred to as the "Development"). Developer covenants
and agrees to commence construction of the Development within ninety (90) days of the
Effective Date of this Agreement, and Completion of Construction of the Development shall
occur within thirty-six (36) months of the Effective Date of this Agreement.
(b) Platting Zoning and Building Permits. All of the Property shall be platted, zoned,
and developed in accordance with the City's Subdivision Ordinance, the City's Comprehensive
Zoning Ordinance, applicable building codes, and all other relevant ordinances as adopted by the
City, and as amended from time to time.
(c) Public Improvements. All public improvements constructed on the Property shall
be designed and constructed in accordance with the then current standards, specifications and
procedures as adopted by the City. All engineering studies and construction plans shall be
submitted to the City Engineer for review and approval at the time of platting or at such other
time as may be deemed appropriate by the City Engineer, but in any case prior to
commencement of any construction. Such plans shall be subject to approval by the City Engineer
or his designee prior to approval of any building permit.
(d) Building Permit Fees and Plan Review Fees. The Developer shall pay to the City
as building permit fees for the Development One Hundred Forty-One Thousand Seven
Hundred Fifteen and 68/100 Dollars ($141,715.68), and shall pay to the City an additional
amount of Thirty-Five Thousand Four Hundred and Twenty-Eight and 92/100 Dollars
($35,428.92) as plan review fees, for the Development permits for The Boathouse. Additionally,
the Developer shall pay to the City Fifty-Four Thousand Forty-Seven and 06/100 Dollars
($54,047.06) as Mechanical, Electrical and Plumbing (MEP) permit fees/Certificates of
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Occupancy (CO)/power pole fees. These amounts shall be paid to the City prior to or
contemporaneously with the issuance of a building permit. Notwithstanding the foregoing, the
actual amount to be paid by Developer as building permit fees, plan review fees, and MEP
fees/CO/power pole fees for the Development may increase or decrease proportionately with the
number of residential units finally determined by Developer at or about the time of filing the
final plat for the Development, in accordance with the calculation method set forth herein. The
calculation of the fees identified in this Section is based upon the following:
Building Valuation Determination
Total square feet of buildings proposed in The Boathouse = 463,920 gross square feet.
Construction Type: R2 Occupancy Group; Type VA Construction = $99.18 per sq. ft.
463,920 sq. ft. X $99.18 = $46,011,585.60 (Total valuation to determine permit cost)
Using the City's currently adopted fee schedule multiplier (.0090): $46,011,585.60 X
0.0090 = $414,104.27 (building permit) + $103,526.06 (25% plan review) + $54,047.06
(MEP fees/CO/Power Pole) _ $571,677.39 (total building permit fee), which is $12.42
per $1,000 of valuation for The Boathouse.
The City of The Colony will use, pursuant to this Agreement, a 0.00308 multiplier to
reduce the amount of building permit fees paid. Using said multiplier (0.00308):
$46,011,585.60 X 0.00308 = $141,715.68 (building permit) + $35,428.92 (25% plan
review) + $54,047.06 (MEP/ CO/ Power Pole) _ $231,191.66 total building permit/plan
review fee/ MEP fee, which is $5.02 per $1,000 of valuation for The Boathouse.
Section 5. Termination. This Agreement shall terminate upon the occurrence of any
one or more of the following events:
(a) by written agreement of the Parties;
(b) the Expiration Date;
(c) by either Party in the event the other Party breaches or defaults on any of the terms or
conditions of this Agreement and such breach is not cured within thirty (30) days after
written notice thereof is provided to the breaching or defaulting Party or if such breach or
default cannot reasonably be cured within such thirty (30) day period, if such Party does
not commence to cure such breach or default within such thirty (30) period and thereafter
diligently pursue the curing thereof to completion;
(d) upon completion of the Affirmative Obligations as specified in Section 4 of this
Agreement;
(e) by the City, if the Developer suffers an Event of Bankruptcy or Insolvency;
(f) by the City, if the Developer fails to maintain material compliance with the City's
development regulations and other applicable ordinances that apply to the Property or the
Development during construction; or
(g) by either Party, if any subsequent Federal or State legislation or any decision of a court of
competent jurisdiction declares or renders this Agreement invalid, illegal or
unenforceable.
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Section 6. Survival. Notwithstanding anything in this Agreement to the contrary,
Sections 7(b), 7(d), 70), 7(k), 7(p), 7(q), and 7(r) shall survive any termination or expiration of
this Agreement without limitation.
Section 7. Miscellaneous Provisions. The following miscellaneous provisions are a
part of this Agreement:
(a) Amendments. This Agreement constitutes the entire understanding and agreement of the
Parties as to the matters set forth in this Agreement. No alteration of or amendment to
this Agreement shall be effective unless given in writing and signed by the Party or
Parties sought to be charged or bound by the alteration or amendment.
(b) Applicable Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Denton County, Texas. Venue for any action arising under
this Agreement shall lie in the state district courts of Denton County, Texas.
(c) Assignment. This Agreement may not be assigned without the express written consent
of the other Party.
(d) Attorneys' Fees. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing
Party in any such action or proceeding shall be entitled to recover its reasonable costs and
attorneys' fees (including its reasonable costs and attorneys' fees on any appeal).
(e) Binding Obligation. This Agreement shall become a binding obligation on the
signatories upon execution by all signatories hereto. City warrants and represents that the
individual executing this Agreement on behalf of City has full authority to execute this
Agreement and bind City to the same. Developer warrants and represents that the
individual executing this Agreement on Developer's behalf has full authority to execute
this Agreement and bind it to the same.
(f) Caption Headings. Caption headings in this Agreement are for convenience purposes
only and are not to be used to interpret or define the provisions of the Agreement.
(g) Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which shall constitute one and the same
document.
(h) File in Deed Records. This Agreement shall be filed in the deed records of Denton
County, Texas; provided, that this Agreement shall be released of record at the request of
either Party hereto at any time after the various fees and contributions discussed herein
above have been paid and all obligations required to be performed under this Agreement
have been performed in a good and workmanlike manner.
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(i) Force Majeure. It is expressly understood and agreed by the Parties to this Agreement
that if the performance of any obligations hereunder is delayed by reason of war, civil
commotion, acts of God, inclement weather, fire or other casualty, strikes, riots, shortages
of labor or materials, terrorist acts or activities, court injunction or any other causes of
any kind which are beyond control of such Party (each a "Force Majeure Delay"), the
Party so obligated or permitted shall be excused from doing or performing the same
during such period of delay, so that the time period applicable to such obligation or
requirement shall be extended for a period of time equal to the period such party was
delayed.
(j) Mediation. In the event of any disagreement or conflict concerning the interpretation of
this Agreement, and such disagreement cannot be resolved by the signatories hereto, the
signatories agree to submit such disagreement to mediation.
(k) Notices. Any notice or other communication required or permitted by this Agreement
(hereinafter referred to as the "Notice") is effective when in writing and: (i) personally
delivered either by facsimile (with electronic information and a mailed copy to follow)
or by hand; or (ii) three (3) days after notice is deposited with the U.S. Postal Service,
postage prepaid, certified with return receipt requested, and addressed as follows:
if to Developer: EPC-ARSW, LLC
1722 Routh Street
Suite 1313
Dallas, Texas 75201
Attn: Lucilo Pena, President - Development
Facsimile: 214-270-0992
if to City: The City of The Colony
6800 Main Street
The Colony, Texas 75056
Attn: Troy C. Powell, City Manager
Facsimile: 972-624-3102
(1) Ordinance Applicability. Except as modified by this Agreement, the signatories hereto
shall be subject to all ordinances of the City, whether now existing or in the future
arising. This Agreement shall confer no vested rights on the Property unless specifically
enumerated herein.
(m) Severability. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
having the force and effect of the law, the remaining portions of the Agreement shall be
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City of The Colony - EPC ARSW,LLC Page 6 of 14
enforced as if the invalid provision had never been included.
(n) Sovereign Immunity. No Party hereto waives any statutory or common law right to
sovereign immunity by virtue of its execution hereof.
(o) Time is of the Essence. Time is of the essence in the performance of this Agreement.
(p) Undocumented Workers. Developer certifies that Developer does not and will not
knowingly employ an undocumented worker in accordance with Chapter 2264 of the
Texas Government Code, as amended. If during the Term of this Agreement, Developer
is convicted of a violation under 8 U.S.C. § 1324a(f), Developer shall repay the amount
of the public subsidy provided under this Agreement plus interest, at the rate of eight
percent (8%), not later than the 120th day after the date the City notifies Developer of the
violation.
(q) Extension for Non-Business Days. If any notice period or due date contained in this
Agreement falls on a Saturday, Sunday or other day on which the federally chartered
banks in City of the Colony, Texas, are officially closed for the receipt of deposits, then
such notice or due date shall be deemed timely if given on the first day following such
Saturday, Sunday or other day on which the federally chartered banks in City of the
Colony, Texas, are officially closed for deposits.
(r) No Consequential or Punitive Damages. The parties hereto agree that neither party
shall be entitled to recover from the other party nor any of its agents, employees, officers,
partners, shareholders or affiliates any indirect, special, consequential or punitive
damages that either party may incur as a result of a default under this Agreement or other
action by the other party, its agents, employees, officers, partners, shareholders or
affiliates.
(s) Limitation of Liability. Neither Developer nor its successors or permitted assigns nor
their respective members, partners, venturers, employees, shareholders, affiliates,
officers, directors, agents, representatives, agents, advisors, or consultants shall have any
personal liability for its or their failure to perform any covenant, term or condition of this
Agreement, it being expressly agreed that any judgment recovered against Developer
shall be satisfied only out of, and the sole and exclusive recourse of City as a result of
such default shall be against, the right, title and interest of Developer in and to the
Property.
[The Remainder of this Page Intentionally Left Blank]
Development Agreement
City of The Colony - EPC ARSW,LLC Page 7 of 14
IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed
as of the date first above written.
THE CITY:
THE CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality
By:
Name: Powell
Titl . City Manager
Date Executed: 7 3
TEXAS
STATE OF
COUNTY OF DENTON §
This instrument was acknowledged before me on the day of
2013, by Troy C. Powell, City Manager of the City of The Colony,
Texas, a Texas home-rule municipality, on behalf of the City of The Colony, Texas.
Notary Public, State of Texas
My Commission Expires:
}V commission Expires
'ate 10-01-2016
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City of The Colony - EPC ARSW,LLC Page 8 of 14
DEVELOPER:
EPC-ARSW, LLC
a Texas limited liability company
ti
By: x~. 7X 4 -
Name: G' D a
Title: fiwdzre~j
Date Executed: f D
STATE OF TEXAS §
COUNTY OF t)d §
This instrument was ac owledged before me on he 4- da of
2013, by I-LA a'& EPC-A SW, LLC, a Texas limited liability.
CAej, State Texas
My Commission Expires:
oo" "P 4/STEPHANIE A DOUCETTE
'gip ,Notary Public, state of Texas
my commission Expires
w~/j !1V October 09, 2016
Development Agreement
City of The Colony - EPC-ARSW,LLC Page 9 of 14
Exhibit A
Legal Description and or Depiction of Property
METES AND BOUNDS DESCRIPTION
The Boathouse Tract 1
Being a tract of land situated in the D. Andrews Survey, Abstract No. 18, City of The Colony, Denton
County Texas, subject tract being a portion of a tract of land conveyed to Trommeil Crow Company
No. 33, Ltd., a Texas limited partnership, a 58.0305% undivided interest, PBC 14 AR Land, Ltd., a
Texas limited partnership, a 36.0434% undivided interest, CB Parkway Business Center XIV, Ltd., a
Texas limited partnership, a 3.9506% undivided interest, University Business Pork Phase I, Ltd., a
Texas limited partnership; a 1.9743% undivided interest, and UBP Ventures, Ltd., a Texas limited
partnership, a 0.0012% undivided interest according to deed recorded in Document No, 2013-49237
of the Official Public Records, Denton County, Texas (OPROCT), • the subject tract being more
particularly described as follows:
COMMENCING at a 1/2" copped iron rod found for the north end of a comer clip at the intersection
of the south line of Windhaven Parkway (a 1.20 foot public right-of-way) with the west line of West
Piano Porkwoy (a 100 foot public right-of-way);
THENCE .along the south line of Windhaven Parkway, the following:
N 69'24'42" W, 103.56 feet;
Around a tangent curve to the left Wing a central angle 0f 19'3753" o radius o
9 of 1036.78 feet,
a chord of N 79'33'39" W - 353.50 feet, an ore length of 355.24 feet;
And around a reverse curve having a control angle of 36'58'30", a radius of 1260.00 feet, o
chord of N 70'33'20" W 799.09 feet, an arc length of 813.12 feet, to the POINT OF BEGINNING
of the subject tract;
THENCE departing said right of way, the following:
S 3T55'35" W. 455.20 feet to a point for corner;
Around a non-tongent curve to the right having a central angle of 37'56'20", a radius of 479.50
feet, a chord of N 74'40'313" W - 311.74 feet, an arc length of 317.51 feet, to a point for
corner,
NORTH, 144.47 feet to a point for corner.
EAST, 30.00 feet to a point for corner,
Around a tangent curve to the right having a central angle of 17'32'05", a radius of 623,00 feet,
a chord of S 81'16'43" E - 189.92 feet, an are length of 190.66 feet, to a point for corner,
And N 37'55'35" E. 356.13 feet to the south line of Windhaven Parkway, a paint for corner;
THENCE along the south fine of Windhaven Parkway, the following:
Around a curve to the right having a central angle of 03'36'29", a radius of 1340.00 feet, o
chord of S 5930'36" E - 84.37 feet, on arc length of 84.38 feet, to a point for corner;
S 48`42'21" E, 28.96 feet to a point for corner;
And around a tangent curve to the left having o central angle of
03'21'45", a radius of 1260.00 feet, a chord of S 50.23'13" E 73.93 PAGE 1 OF 5
feet, an arc length of 73.94 feet, to the PLACE OF BEGINNING with the
subject tract containing 113,941 square feet or 2.616 acres of land.
p i a r s PARCEL EXHIBIT
F N G I N E E R I N G D. ANDREWS SURVEY, A-18
=T ,snswo•vWro txraws• fn mam•urevm.r-21st CITY OF THE COLONY
Br oair oole Joe Nu
ra nKB 4/30/13 13-009 DENTON COUNTY, TEXAS
.1'jm aVOIJ ae\13-00!'A.+nwi YroH+ atii\W~l - AMK'hDM\w•9Df'cw:fiA9 Snee M tINa Se"-rye: /.70/rtl r9asrY Rmlei Lr anwa px.~". a/a4,txaas :.`O2-w
Development Agreement
City of The Colony - EPC ARSW,LLC Page 10 0f14
MFTFS AND A01INDS'11ESCRIPTION
The Boathouse Tract 2
Being a tract of land situated in the D. Andrews Survey. Abstract No. 18, City of The Colony, Denton
County. Texas; subject tract being a portion of a tract of land conveyed to Trammell Crow Company
No. 33, Ltd., a Texas limited partnership, a 58.0305% undivided interest, PRC 14 AR Land, Ltd., a
Texas limited partnership, a 36.0434% undivided interest, CB Parkway Business Center XIV, Ltd., a
Texas limited partnership, a 3.9506% undivided Interest, University Business Park Phase 1, Ltd., a
Texas limited partnership, a 1.97+43% undivided interest, and UBP Ventures, Ltd., a Texas limited
partnership, a 0.0012% undivided interest according to deed recorded in Document No. 2013-49237
of the Official Public 'Records, Denton County, Texas (OPRDCT), the subject tract being more
particularly described as follows:
COMMENCING at a 1/2" copped iron rod found for the north end of a corner clip at the intersection
of the south line of Windhaven Parkway (a 120 foot public right-of--way) with the west line of West
Plano Parkway (a 100 foot public right-of-way);
THENCE along the south line of Windhaven Parkway, the following:
N 69'24'42" W. 103.56 feet;
Around a tangent curve to the left having a central angle of 18'26'01", a radius of 1036.78 feet.
a chord of N 78'37'43" W - 332.12 feet, an arc length of 333.56 feet to the POINT OF
BEGINNING of the subject tract;
THENCE departing said right of way, the following:
SOUTH, 328.61 feet to a point for corner;
EAST 25.19 feet to a point for corner,
SOUTH, 130.00 feet to o point for corner;
WEST, 871.75 feet to a point for corner;
Around a non-tangent curve to the left having a central angle of 29'40'36", a radius of 479.50
feet, a chord of N 18'25'31" W - 245,59 feet, an arc length of 248.36 feet to a point far
corner;
And N 37'55'35" E. 493.48 feet to the south line of Windhaven Parkway;
THENCE along the south line of Windhaven Parkway, the following:
Around a curve to the deft having c control angle of 28'31'56", a radius of 1260.00 feet, a chord
of S 74'46'38" E - 620.99 feet, on ore length of 627.45 feet to a point for corner;
And around a reverse curve having a central angle of 0111'52", o radius of 1036.78 feet, a chord
of S 88'26'39' E - 21.68 feet, an arc length of 21.69 feat to the PLACE OF BEGINNING with the
subject tract containing 439,127 square feet or 10.081 ocres of land,
PACE flF 5
p i a r s PARCEL EXHIBIT
wlq E N G- . E R l c D. ANDREWS SURVEY, A-18
165(:upWftB tl.9--e 190 ila,o:sa73673 ,zim77•IVYNU.F.7,2! CITY OF THE COLONY
Ord" W. awkes of, sea. oar. ma N..
eo 0K9 4/30/13 13-009 DENTON COUNTY, TEXAS
G:~W txlw-Jwvi-O~ tivitl :yl- C-0t'•'1"9\x, - SISALt\D'Kte)-oo7 3vw:ti 0" lens. sY fxk kn '.'"'Al 14'N ,w .!'titled ay see., NA 0.1. ~41wipli I'n s+
Development Agreement
City of The Colony - EPC-ARSW,LLC Page 11 of 14
METES AND SOUNDS DESCRIPTION
The Boathouse Tract 3
Being a tract of land situated in the D. Andrews Survey. Abstract "No. 18, City of The Colony, Denton
County, Texas, subject tract being a portion of a "tract of land conveyed to Trammell Crow Company
No. 33, Ltd., d Texas limited ,partnership, a 58.03059 undivided interest, PBC 14 AR Land, Ltd,, a
Texas limited partnership, a 36.043436 undivided interest, CB Parkway Business Center XIV, Ltd., a
Texas limited partnership, a 3.9506% undivided interest, University Business Park Phase I. Ltd., o
Texas limited partnership, a 1,974336 undivided interest, and USP Ventures, Ltd., a Texas limited
partnership, a 4.0012% undivided interest according to deed recorded in Document No. 2013-49237
of the Official Public Records, Denton County, Texas (OPRDCT), the subject tract being more
particularly described as follows:
COMMENCING at o 1/2" copped iron rod found for the north and of a comer clip at the intersection
of the south line of Windhoven Parkway (a 120 foot public right-of-way) with the west line of West
Piano Parkway (a 10 foot public right-of-way);
THENCE along the nest line of West Piano Parkway, the following;
Around o curve to the right having a central angle of lV38'46", a radius of 1950.00 feet, a chord
of S 28'43'57" W - 361.81 feet, on arc length of 36133 feet;
And around o reverse curve having a central angle of 03'16'09', a radius of 2550.00 feet, a chord
of S 32'25'15" W, 145.48 feet, an are length of 145.50 feet;
THENCE departing said right-of-way, the following;
N 58'52'27" W. 102.31 feet;
Around a tangent curve to the left having a central angle of 31'07'33", a radius of 60,00 feet, o
chord of N 74'26'13" W. 32,20 feet, on arc length of 32.59 feet;
And WEST, 975.10 Feet to the POINT OF BEGINNING of the subject tract;
THENCE WEST, 128.98 feet to a point for corner;
THENCE around a non--tangent curve to the left having a central angle of 78`29'02", a radius of
291.00 feet, a chord of N 33' 19'29" W. 368.17 feet, on arc length of 398.61 feet to a point for
corner;
THENCE N 17'31'39" E. 128.50 feet to a point for corner;
THENCE around a non-tangent curve to the right having o central angle of 7638'19", o radius of
419,50 feet, o chord of S 34'13'06" E, 520.22 feet, on arc length of 561.12 feet to the PLACE OF
BEGINNING with the subject tract containing 61,663 square feet or 1.418 acres of land.
PAGE 3 OF 5
1 p i a r s PARCEL EXHIBIT
E N C I N E 1= R 1 N C, D. ANDREWS SURVEY, A• 18
sasumaroasa"i .E, noses. 197Z No. P-2121
CITY OF THE fNo br ChecAd IV sw* K. Job Na COLONY-
ED tits 4/30/I3 ss-oo9 DENTON COUNTY, TEXAS
O'fiNq C,~K11 JOiS~t~. Eq-So+i•Mi MfIFf 4'YiNW\.7m1 . Yplf.'N\,M'11}•~OV-ESkI, e.} SewA ,7Y Effn Se" Lmf ./:'AJ$Ai~ SC,Y 1C A,Ikd >I' -NT'f f"t Nt'. 203 P.
Development Agreement
City of The Colony - EPC-ARSW,LLC Page 12 of 14
METES AND BOUNDS DESCRIPTION
The Boathouse Tract 4
Being a tract of land situated in the D. Andrews Survey, Abstract No. 18. City of The Colony, Denton
County, Texas, subject tract being a portion of a tract of land conveyed to Trammell Crow Company
No. 33, Ltd., a Texas limited partnership, a 58.0305% undivided interest, PBC 14 AR Land, Ltd., a
Texas limited partnership, a 36.0434% undivided interest, CB Parkway Business Center XIV, ltd., a
Texas limited partnership, a 3.950696 undivided interest. University Business Park Phase i, Ltd., a
Texas limited partnership, a 1.8743% undivided interest, and UBP Ventures, Ltd., a texas limited
partnership, a 0,0012% undivided interest according to deed recorded in Document No. 2013-49237
of the Official Public Records, Denton County, Texas (OPRDCT), the subject tract being more
particularly described as follows:
COMMENCING at o 1/2" capped iron rod found for the south end of a comer clip at the
intersection of the south line of Windheven Parkway (a 120 foot public right-of-woy) with the west
line of West Plano Parkway (a 100 foot public right-of-way);
THENCE along the west line of West Plano Parkway, the following;
Around a curve to the right having a central angle of 10'38'46", o radius of 1950.00 feet, a
chord of S 2643'57" W 361.81 feet, an arc length of 362.33 feet to o point for corner;
And around o reverse curve having a central angle of 03'16'09", a radius of 2550.00 feet, a
chord of S 32'25'15" W - 145.48 feet, on arc length of 145.50 feet to the POINT OF BEGINNING
for the subject tract;
THENCE continuing along the west line of West Piano Parkway, around o curve to the left having a
central angle of 11'30'01", o radius of 2550.00 feet, a chord of S 25'02'110' W - 510.97 feet, an
ore length of 511.83 feet to a point for corner;
THENCE departing said right of way, the following:
N 80'17'07" W. 281.05 feet to a point for comer;
S 78'42'00" W. 109.74 feet to a point for comer;
N 73'58'26" W, 27118 feet to a point for comer;
WEST, 200.33 feet to a point for corner;
N 44'46'19" W, 218.84 feet to a point for corner;
Around a non-tongent curve to the left having a central angle of 41'10'35", a radius of 419.50
feet, o chord of N 24'41'21" E - 295.03 feet, on arc length of 301.48 feet to a point for
comer;
EAST, 975.10 feet to a point for corner;
Around a tangent curve to the right having a central angle of 31'07'33", a radius of 60.00 feet, a
chord of S 74'26'13" E - 32.20 feet, an arc length of 32.59 feet to a point for comer;
And S 58'52'27' E, 102.31 feet to the PLACE OF BEGINNING with the subject tract containing
483,931 square feet or 11.110 acres of land.
PAGE 4 OF 5
p i a r s PARCEL EXHIBIT
E Iv c t N E E F2 I r l G D. ANDREWS SURVEY, A 18
~asc M. s.Wle1 3•rlwwTX MS - 19Ya2 17.Mecwr,:e-2121 CITY OF THE COLONY
bb
Gv~n ei' ClbcAiM ey Seale Dole Ho.
en 01,9 4/30l1 y is-oos DENTON COUNTY, TEXAS
.v., i, IIta n,ales-.OCi 7} ;.,.ao -hfir'-ik410" - SuFfn%MV1414 "A fn Sww " tom, i i;-* v 1zms .-:N" wv r.r.e. e. w+... P'M B.I. siic/io.:a 2 03
Development Agreement
City of The Colony - EPC ARSW,LLC Page 13 of 14
o x r
4,
150 0 t5o 300
r
Jim -
I" = 300'
Aft
MAY
Tract 1 `yam
2:616 Ac.
No Tract 2
*'~1 10.081 Ac. {
% •P
A p
% ~YRAC~ N,18
51'K!r£f "C'
Tract 3
1.416 Ac.
i Tract 4 .r
11.110 Ac. /
A F~
i $
Tratnma Crow Co, No. 33, Ltd
PX 14 AR Land. Ltd.
CPS I'Arki epr Ruskma Cantu' av. Ltd.
UBP Vaftra , Ltd.
Dw W 203-19237 OWT
PAGE 5 OF 5
erived
P a r S PARCEL EXHIBIT Banadsives rticol posbearing, hition ori derived
E N G I N E E R! N G #rom the Texas WDS RTK
D. ANDREWS SURVEY, A-18 Network-Texas Skate Plane
nscunaiiooa wn►im•;tvow ta¢awa. .w~.r.zrn Coordinate System, NAD83,
CITY OF THE i COLONY North Central Zone (4202).
ED nxa _ :3W 4/30/13 Ia-oae DENTON COUNTY, TEXAS
u..ut: 4:V613 Mk' 340 sannat wd-d•¢.w7y1+iCYnt - svncrluMln•aat,. s.M ~n b-ta:a s«e-s...: ~j,p/7n+! ~+is sY owUw q ;a.:a ry1 4ik ~f39i26!].i~f~
Development Agreement
City of The Colony - EPC-ARSW,LLC Page 14 of 14