HomeMy WebLinkAboutResolution No. 2014-036 RESOLUTION NO. 2014- 0362
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, APPROVING AN INTERLOCAL
AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY
AND LEWISVILLE INDEPENDENT SCHOOL DISTRICT
("LISD") FOR THE PURPOSE OF CONSTRUCTING A PUBLIC
TRAIL CONNECTOR ON BB OWEN SCHOOL PROPERTY,
INCORPORATED HEREIN AS EXHIBIT "A"; AUTHORIZING
THE MAYOR TO EXECUTE THE CONTRACT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, provides authorization for agreements between and among governmental entities;
and
WHEREAS, City of The Colony desires to use and maintain certain LISD real property
("LISD Property") for purposes of public recreation; and
WHEREAS, LISD and the City of The Colony find that the performance of this
Agreement is in the common public interest of both parties, and that the services to be
provided by City of The Colony, i.e., the maintenance and improvement of LISD
Property, fairly compensates LISD for the use of LISD Property; and
WHEREAS, LISD and City of The Colony agree that LISD Property shall be used by
City of The Colony for the purpose of providing public recreational opportunities for its
citizens as set out herein.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS THAT:
Section 1. The Interlocal Agreement, which is attached and incorporated hereto as Exhibit
"A",having been reviewed by the City Council of the City of The Colony, Texas, and found
to be acceptable and in the best interest of the City and its citizens, be approved, and the
Mayor is hereby authorized to execute the Interlocal Agreement on behalf of the City of The
Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its adoption
and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 17th day of JUNE,2014.
Gig
Jo, cCour y, Mayor
'ity of The Colony, Tex..
ATTEST:
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Christie Wilson, City Secretary
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APPROVED AS TO FORM: ':-
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Jeff bore, City Attorney -.. ..
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THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT
BETWEEN LEWISVILLE INDEPENDENT SCHOOL DISTRICT AND CITY OF
THE COLONY, TEXAS
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into
on this 1 `'1.6''day of Z i,-v_ - , 2014, by and between the
LEWISVILLE INDEPENDENT SCHOOL DISTRICT ("LISD"), acting by and through
its Board of Trustees, Superintendent or designee, and the CITY OF THE COLONY
("CITY"), acting by and through its Mayor or designee.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, provides authorization for agreements between and among
governmental entities; and
WHEREAS, CITY desires to use and maintain certain LISD real property ("LISD
Property") for purposes of public recreation; and
WHEREAS, LISD and CITY find that the performance of this Agreement is in the
common public interest of both parties, and that the services to be
provided by CITY, i.e., the maintenance and improvement of LISD
Property, fairly compensates LISD for the use of LISD Property; and
WHEREAS, LISD and CITY, in expending funds in the performance of
governmental functions or in performing such governmental functions
under this Agreement, shall make payments therefore only from current
revenues legally available to each party; and
WHEREAS, LISD and CITY agree that LISD Property shall be used by CITY for the
purpose of providing public recreational opportunities for its citizens as
set out herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual
agreements contained herein, the parties hereto agree as follows:
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 1
,
I.
AGREEMENT
A. In consideration of the mutual covenants of this Agreement, and other good and
valuable consideration, LISD shall permit CITY to use LISD Property. A legal
description and survey of LISD Property is contained in Exhibit "A", a copy of
which is attached and incorporated herein for all purposes. CITY Improvements
to be constructed on LISD Property are identified in Exhibit "B," a copy of which
is attached hereto and incorporated herein for all purposes. The purposes for
which CITY may use LISD Property are recreational activities including
construction, maintenance and repair of a public hiking and biking trail as well as
landscape and irrigation installation, repair and maintenance.
B. CITY shall have the right of access to and use of LISD Property at all times,
except that the parties expressly agree that LISD shall, at all times, have priority of
use on LISD Property, when such use is necessary for educational purposes.
Furthermore, CITY's right of access to and use of LISD Property shall be subject
to any all easements or other encumbrances now existing on LISD Property. If
CITY so desires, CITY may perform title work at its sole cost and expense. CITY
right of access and use of LISD Property shall be for the purposes described
herein, and for no other purpose, without the express written consent of the Board
of Trustees of the Lewisville Independent School District.
C. CITY Improvements on LISD Property shall be maintained by CITY. CITY shall
bear any and all costs related to the maintenance of CITY Improvements on LISD
Property in accordance with this Agreement, including but not limited to, the costs
of designing, constructing, operating, maintaining and repairing the hiking and
biking trail and landscaping, labor, supplies and all other costs related to the CITY
Improvements and equipment on LISD Property. CITY shall maintain CITY
Improvements on LISD Property in full compliance with LISD's acceptable
maintenance standard. CITY shall maintain LISD Property free of litter, trash,
overgrown vegetation and other natural or manmade conditions which would
diminish the quality of LISD Property. CITY shall be responsible for trash pick-
up and removal from LISD Property.
D. CITY shall be responsible for all utility costs associated with its maintenance and
use of LISD Property.
E. CITY acknowledges that LISD Property is useful to CITY in its current condition,
"as is" without any modification or maintenance required on the part of LISD.
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 2
,
However, CITY may, at its sole cost and expense, construct or purchase materials
for installation of a hiking and biking trail and landscaping on LISD Property for
public use, in accordance with generally accepted standards. CITY shall pay all
costs associated with such equipments or improvements, including labor,
contractual repair, and parts and replacement as needed or required.
F. Security of LISD Property shall be the responsibility of CITY. During the term of
this Agreement, and any extensions thereof, CITY agrees to guard LISD Property
from abuse or loss through vandalism, wanton destruction, or theft. CITY shall
perform and exercise all rights, duties and functions and services in compliance
with all valid and applicable laws, statutes, codes, regulations, policies and
ordinances of the United States, the State of Texas, the County of Denton, CITY,
LISD, or other lawful authority with jurisdiction over the premises.
G. CITY shall be responsible for any and all claims, damages, and/or causes of action
arising from, caused by, or in any way related to its use of LISD Property, except
that CITY shall not be liable for normal wear and tear. All determinations
regarding wear and tear and damage to the property shall be made by LISD, in its
sole discretion, and such determinations shall be final.
H. Any pesticides or herbicides introduced to LISD Property will be posted and must
be approved by LISD prior to application.
I. CITY shall keep LISD Property free from any liens arising out of any work
performed, materials furnished or obligations incurred by or on behalf of CITY.
CITY shall cause any such lien imposed on LISD Property to be released of record
by payment or posting a bond within ten (10) days after written request by LISD.
J. A grievance system will be in place to handle any issues that arise.
II.
TERM
The term of this Agreement shall be for a period of ten (10) years, the initial term
commencing on the last date all parties have executed this Agreement, but shall
automatically renew for an additional ten (10) year term unless terminated by either party
in accordance with the terms herein. Thereafter, the Agreement will automatically renew
for two (2) additional five (5) year terms unless notice is given by either party to
terminate the agreement one hundred eighty (180) days prior to the expiration of each
term.
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 3
III
TERMINATION
A. Either party may terminate this Agreement, for any reason, or no reason, upon one
hundred eighty (180) days prior written notice of the date of termination to the
other party. This Agreement may be terminated in whole or in part and will apply
only to the property so identified in the notice of termination. In addition to the
foregoing one hundred eighty day termination, either party may terminate this
Agreement for cause as described in Section IX below
B. If either party terminates this Agreement pursuant to the terms herein, LISD shall
have no obligation to reimburse CITY for the cost of any improvements made to
LISD Property by CITY during the term of this Agreement.
C. Upon termination, CITY may remove all personal property or removable
structures owned by CITY, provided that CITY thereafter returns LISD Property
to its original condition. CITY shall remove any improvements or alterations
upon termination of this Agreement if requested in writing by LISD. Upon
termination, CTTY at its sole expense, shall bear the cost of any alterations or
improvements owned by CITY to LISD Property. Any addition or improvement
to LISD Property if not removed shall, upon termination of this Agreement and a
reasonable time to remove said improvements or alterations, belong to and become
the property of LISD without cost to LISD. Nothing shall be removed which may
affect the structural integrity of any building or structure.
IV.
GENERAL REQUIREMENTS APPLICABLE TO LISD AND CITY
The following subparagraphs shall apply to CITY's use of LISD Property.
A. (1) IMMUNITY: Nothing in this Agreement, or in any exhibit or attachment
hereto, shall be construed to affect, alter, or modify the immunity of either
party under the Texas Civil Practice and Remedies Code § 101.001 et seq.
It is expressly understood and agreed that in the execution of this
Agreement, neither CITY nor LISD waives, nor shall be deemed to waive,
any immunity or defense that would otherwise be available to each against
claims arising in the exercise of governmental powers and functions.
(2) INSURANCE: Each Party shall maintain, during the term of this
Agreement, commercial General Liability Insurance for the protection of
the Party (directors, officers, employees, and volunteers) insuring Party for
damages because of bodily injury, or death, or damage to property,
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 4
including the loss of use thereof, and occurring on or in anyway related to
activities on the LISD Property or any condition of the LISD Property with
limits not less than One Million and No/100 Dollars ($1,000,000) combined
single limit per occurrence. Such insurance shall provide that the other
Party shall be given a thirty (30) day prior written notice of cancellation.
Each Party shall furnish, in compliance with the above, a certificate of
insurance to the other Party within sixty (60) days of this signed
Agreement.
B. THIRD PARTIES: This Agreement does not create any third-party beneficiaries,
except that it is intended that the general public shall have use of the CITY
Improvements. Nothing in this Agreement, or in any exhibit or attachment hereto,
shall be construed to create, expand, or form a basis for liability to any third party
under any theory of law against either CITY or LISD unless such a basis exists
independent of this Agreement under State or federal law.
C. NOTICE: Each notice or other communication which may be or is required to be
given under this Agreement shall be in writing and shall be deemed to have been
properly given when delivered personally during the normal business hours of the
party to whom such communication is directed, or upon receipt when sent by
United States registered or certified mail, return receipt requested, postage
prepaid, to the appropriate one of the following addresses as may be designated by
the appropriate party; however, each party has a right to designate a different
address by giving the other party fifteen (15) days prior written notice of such
designation:
If to LISD:
Mr. Craig Martin, Executive Director of Purchasing
Lewisville Independent School District
1565 W. Main Street
Lewisville, Texas 75067
If to CITY:
Troy Powell, City Manager
City of The Colony
6800 Main Street
The Colony, Texas 75056
D. MANAGEMENT AUTHORITY: During the term of this Agreement, and any
extensions thereof, CITY agrees to provide adequate CITY police and fire
protection and other necessary emergency services for LISD Property at all times,
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 5
and shall especially guard the property from abuse through vandalism or wanton
destruction. Each party shall have the right to remove and/or control occupancy of
LISD Property as to third parties or the general public. CITY shall perform and
exercise all rights, duties and functions and services in compliance with all
applicable Federal, State and local laws and regulations. CITY in joint
cooperation with LISD may establish necessary rules and regulations as may be
required to ensure the safe and orderly operation of recreational programs and the
subject facilities, provided that any such rules and regulations do not conflict with
CITY or LISD policy or State and federal law.
E. CLAIMS AGAINST PARTIES: Each party shall be responsible for defending
and/or disposing of all causes arising against the respective party as a result of its
use or occupation of LISD Property. It is expressly understood and agreed that in
the execution of this Agreement, neither CITY nor LISD waives, nor shall be
deemed to waive, any immunity or defense that would otherwise be available to
each against claims arising in the exercise of governmental powers and functions.
F. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the
parties hereto, and no other oral or written commitments shall have any force or
effect if not contained herein. No amendment, modification, or alteration of this
Agreement is binding unless in writing and duly executed by the parties
subsequent to this Agreement.
G. SEVERABILITY: If any one or more of the provisions contained herein shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provision of the
Agreement, and this Agreement shall be construed as if such invalidity, illegality,
or unenforceable provision had never been contained herein.
H. AUTHORITY: The undersigned officers and/or agents are authorized to execute
this Agreement on behalf of the parties hereto, and each party hereto certifies to
the other that any necessary resolutions extending such authority have been duly
passed and are now in full force and effect.
I. DEFECT: Each party shall promptly report to the other party any defects or
dangerous conditions it discovers on or concerning LISD Property, and shall cease
any such use until such defect or condition is repaired or cured.
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 6
V.
REMEDIES
No right or remedy granted or reserved to the parties is exclusive of any other right or
remedy herein by law or equity provided or permitted; but each shall be cumulative of
every other right or remedy given hereunder. No covenant or condition of this
Agreement may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to be
performed pursuant to this Agreement.
VI.
APPLICABLE LAW
This Agreement is to be construed under Texas law, and all obligations of the parties
created in this Agreement are performable in Denton County, Texas. Venue for any
disputes arising out of this Agreement shall be in Denton County, Texas.
VII.
SUCCESSORS AND ASSIGNS
This Agreement is binding on and inures to the benefit of the successors, executors,
administrators and assigns of the parties to this Agreement and affects the use of land and
shall run with the land. Neither CITY nor LISD shall assign, sublet, subcontract, or
transfer this Agreement without the written consent of the other party. No assignment,
delegation of duties, or subcontract under this Agreement shall be effective without the
prior written consent of the other party.
VIII.
RECITALS AND ATTACHMENTS
The recitals and attachments to this Agreement are incorporated herein for all purposes as
if set out herein verbatim.
IX.
DEFAULT
Failure of either Party to follow the terms or conditions or fulfill any obligation of
this Agreement and/or Exhibit may constitute a default of this Agreement. The non-
defaulting Party will provide written notice to the defaulting Party of those violations. If
the violation is not remedied within thirty (30) days after receipt of written notice, the
non-defaulting Party may terminate this Agreement. However, if the defaulting Party
proceeds with reasonable diligence and in good faith to effect the remedy as soon as
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony -Page 7
practicable, then the thirty (30) day limit may be extended by the non-defaulting Party, in
its sole discretion.
X.
EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original and constitute one and the same instrument.
EXECUTED between the parties on the date first written above.
LEWISVILLE I.S.D.:
WITNESS: 1 Al
'/� •- - . Shef ie a
By: VUI ? ''' President, Board of Trustees
Kris Vaughn
Secretary, Board of Trustees
CITY OF THE COLONY, TEXAS:
WITNESS: ,I
By:
Joe Mc ourry
U % May a
BY: i j A.A 4
Christie Wilson
City Secretary
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 8
THE STATE OF TEXAS §
§ LISD ACKNOWLEDGEMENT
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared TRISHA SHEFFIELD, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that she executed same for and as the act and deed of LEWISVILLE INDEPENDENT
SCHOOL DISTRICT, a political subdivision of the State of Texas, with its
administration building located in Denton County, Texas, and as the President of the
Board of Trustees thereof, and for the purposes and consideration therein expressed and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this, the ( E`er day of
' -J1t‘j{' , 2014.
t 4 ) al
No . , 'ublic In and For The State of Texas
^� JEANNE ARNOLD
MY Commission Expires
:libApril 23,2018
Of 10'4
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 9
THE STATE OF TEXAS §
§ CITY ACKNOWLEDGEMENT
COUNTY OF DENTON §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joe McCourry, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed same for and as the act and deed of CITY OF THE COLONY, TEXAS, a
municipal corporation of Denton County, Texas, and as the Mayor thereof and for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this, the ii day of
, 2014.
'Zi' /,' /
Notary Publi and For The State of Texas
aft aa.u`H
UKANA
�� AMY i sion Ex
7 My Commission Expires
rq�; January 8,2017
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 10
EXHIBIT "A"
LISD PROPERTY
[to be attached]
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 11
EXHIBIT A
BEING o 22,129-square-foot or 0.508-acre tract of land situated in the city of The Colony, Denton County, Texas, and being part
of the M. Hunt Survey, Abstract No. 624 Denton County, Texas, and being part of that certain 50.00-acre tract of land described
in the deed dated May 30, 1978, from B.B. Owen Trust to the Lewisville Independent School District (LISD) recorded in Volume 892.
at Page 933 of the Deed Records of Denton County. Texas, and being more particularly described as follows:
COMMENCING of a 5/8-inch steel rod with a 2-inch aluminum cap stamped "R-DELTA ENGINEERS FIRM #10155000" set in the
southerly line of the aforementioned 50-acre (LISD) tract at its intersection with the westerly right-of-way line of Taylor Street, a
variable width dedicated public right-of-way as illustrated on the Revised Plot of The Colony No. 21 according to the plat thereof
recorded in Cabinet B, on Slide 158 of the Deed Records of Denton County, Texas, the punch mark in said 2-inch aluminum disk
having coordinates of:
X = 2,468,833.19 feet
Y = 7,089,148.88 feet
THENCE N 81'29'38"E with the southerly line of the aforementioned 50-acre (LISD) tract for a distance of 58.23 feet to a
5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA ENGINEERS" for the POINT OF BEGINNING of the herein
described 22,129-square-foot tract of land, said point being in a curve concave to the southwest having a radius of 67.50 feet, a
central angle of 22'19'57" and a chord that bears N 19'38'17"W for a distance of 26.14 feet, said POINT OF BEGINNING having
coordinates of:
X = 2,468,890.77 feet
Y = 7,089,157.50 feet
THENCE in a northwesterly direction with the arc of said curve a distance of 26.31 feet;
THENCE N 59'11'45"E for o distance of 32.36 feet to a 5/8-inch steel rod with on orange plastic cap set stamped "R-DELTA
ENGINEERS" for the Point of Curvature (PC) of a curve to the right having a radius of 55.00 feet and a central angle of
33'57'28";
THENCE with the arc of said curve a distance of 32.60 feet to a 5/8-inch steel rod with an orange plastic cap set stamped
"R-DELTA ENGINEERS" for the Point of Tangency (PT) of said curve;
THENCE S 86'50'47"E for a distance of 73.21 feet to a 5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS" for the (PC) of a curve to the left having a radius of 60.00 feet and a central angle of 20'32'54";
THENCE with the arc of said curve a distance of 21.52 feet to a 5/8-inch steel rod with an orange plastic cap set stamped
"R-DELTA ENGINEERS" for the (PT) of said curve;
THENCE N 72'36'19"E for o distance of 86.58 feet to a 5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS" for the (PC) of a curve to the left having a radius of 23.00 feet and a central angle of 118'22'06";
THENCE with the arc of said curve a distance of 47.52 feet to a 5/8-inch steel rod with an orange plastic cap set stamped
"R-DELTA ENGINEERS" for the Point of Reverse Curve (PRC) of a curve to the right having a radius of 120,00 feet and a central
angle of 25'22'52";
THENCE with the arc of said curve a distance of 53.16 feet to a 5/8-inch steel rod with an orange plastic cop set stamped
"R-DELTA ENGINEERS" for the (PT) of said curve;
THENCE N 20'22'54"W for a distance of 324.72 feet to a 5/8-inch steel rod with an orange plastic cap set stomped "R-DELTA
ENGINEERS" for the (PC) of a curve to the left having a radius of 50.00 feet and a central angle of 56'37'42";
THENCE with the arc of said curve a distance of 49.42 feet to a 5/8-inch steel rod with an orange plastic cop set stamped
"R-DELTA ENGINEERS" for the (PT) of said curve;
THENCE N 77'00'37"W for a distance of 13.41 feet to a 5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS" for the (PC) of a curve to the right having a radius of 65.00 feet and a central angle of 27'18'46";
THENCE with the arc of said curve a distance of 30.99 feet to a 5/8-inch steel rod with an orange plastic cop set stamped
"R-DELTA ENGINEERS" for the (PRO) of a curve to the left having a radius of 10.00 feet and a central angle of 72'23'34';
THENCE with the arc of said curve a distance of 12.63 feet to a 5/8-inch steel rod with an orange plastic cop set stamped
"R-DELTA ENGINEERS" for the for the (PT);
THENCE S 59'30'32"W for a distance of 5.56 feet to a 5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS";
THENCE N 28'53'30"W for a distance of 11.00 feet to a 5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS" at the edge of an existing concrete walkway said point being the beginning of o curve concave to the northwest having
a radius of 88.60 feet, a central angle of 6'58'41" and a chord that bears N 57'37'10"E for a distance of 10.78 feet;
THENCE with the arc of said curve a distance of 10.79 feet to the Point of Sheet of 4
Compound Curve having a radius of 104.00 feet and a central angle of 2751'19"; (^� MAY 2014 2204-14
THENCE with the arc of said curve a distance of 41.49 feet to a 5/8-inch steel K -D E LTA
rod with an orange plastic cap set stamped "R-DELTA ENGINEERS" for the for the \ ENGINEERS, INC.
(PT);
ENO ERS • LAND PLANERS • LAM)SURVEYORS
818 MAN STREET GARLAND,TEXAS 73040
Tel (972)494-5031 On the Web at wwwxdelta.wm
EXHIBIT A
THENCE S 58'43'30"E for a distance of 11.00 feet to a 5/8-inch steel rod with on orange plastic cop set stamped "R-DELTA
ENGINEERS";
THENCE S 32'39'25"W for a distance of 5.55 feet to a 5/8-inch steel rod with on orange plastic cap set stomped "P-DELTA
ENGINEERS" for the (PC) of a curve to the left having a radius of 10.00 feet and a central angle of 94'53'11";
THENCE with the arc of said curve o distance of 16.56 feet to a 5/8-inch steel rod with an orange plastic cap set stamped
"R-DELTA ENGINEERS" for the (PCC) of a curve to the left having a radius of 35.00 feet and a central angle of 1609'45";
THENCE with the arc of said curve o distance of 9.87 feet to a 5/8-inch steel rod with on orange plastic cap set stamped
"R-DELTA ENGINEERS" for the for the (PT);
THENCE S 77'00'37"E for o distance of 13.41 feet to a 5/8-inch steel rod with on orange plastic cap set stamped "R-DELTA
ENGINEERS" for the (PC) of a curve to the right having a radius of 80.00 feet and a central angle of 56'37'42";
THENCE with the arc of said curve a distance of 79.07 feet to a 5/8-inch steel rod with an orange plastic cap set stamped
"R-DELTA ENGINEERS" for the (PT) of said;
THENCE S 20.22'54"E for a distance of 324.72 feet to a 5/8.-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS" for the (PC) of o curve to the left having a radius of 90.00 feet and a central angle of 25'22'52";
THENCE with the arc of said curve a distance of 39.87 feet to a 5/8-inch steel rod with on orange plastic cop set stamped
"R-DELTA ENGINEERS" for the for the (PRC) of a curve to the right having a radius of 53.00 feet and a central angle of
76'19'33";
THENCE with the arc of said curve a distance of 70.60 feet to a 5/8-inch steel rod with on orange plastic cap set stamped
"R-DELTA ENGINEERS" for the beginning of a curve concave to the south on the northerly right of way line of Squires Drive, a
60-foot dedicated public right-of-way as illustrated on the aforementioned Revised Plat of The Colony No. 21, said curve having o
radius of 1,895.00 feet and a central angle of 5'32'36" and a chord that bears S 73'35'49"W for a distance of 183.27 feet;
THENCE with the arc of said curve and with the northerly right-of-way line of said Squires Drive a distance of 183.34 feet to a
5/8-inch steel rod with on orange plastic cop set stamped "R-DELTA ENGINEERS";
THENCE N 86'50'47"W for a distance of 41.63 feet to a 5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS" for the (PC) of a curve to the left having a radius of 25.00 feet and a central angle of 28'09'13";
THENCE with the arc of said curve a distonce of 12.28 feet to a 5/8-inch steel rod with an orange plastic cap set stamped
"P-DELTA ENGINEERS" for the for the (PT) of said curve;
THENCE S 65'0000'W for a distance of 20.75 feet to a 5/8-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS";
THENCE S 4230'00"W for a distance of 1.50 feet to a 5/8-inch steel rod with an orange plastic cop set stamped "R-DELTA
ENGINEERS";
THENCE S 00'38'30"E for o distance of 4.22 feet to a 5/8.-inch steel rod with an orange plastic cap set stamped "R-DELTA
ENGINEERS"on the southerly line of the aforementioned 50-acre (LISD) tract;
THENCE S 81'29'38"W with said southerly line of the 50-acre (LISD) troct for a distance of 17.02 feet to the POINT OF BEGINNING
and containing 22,129 square feet or 0.508 acres of land.
A description of even date accompanies this exhibit.
The coordinates and bearings shown hereon are NAD83 tied to the Texas Coordinate System of 1983, North Central Zone
(4202),
The tie to the Texas Coordinate System was made by Static Initialization Global Positioning with the Leico SmartNet
Network. The convergence angle at P.O.B. is +00 degree 53 minutes 29 seconds. All distances are reported as horizontal
surface measurements. To convert reported distances to the projection plane apply the combined factor of .99984648.
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MAY 2014 2204-14
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EXHIBIT A
22,129-SQUARE-FOOT TRACT OF LAND
PART OF THE M. HUNT SURVEY, ABST. No. 624
IN CITY OF THE COLONY, DENTON COUNTY, TEXAS
Curve Radius Length Delta Chord Chord Bear. LANE LEWISVILLE INDEPENDENT
Cl 67.50' 26.31' 22'19'57" 26.14' N 19'38'17" W N SCHOOL DISTRICT
P(G
C2 55.00' 32.60' 33'57'28" 32.12' N 76°10'29" E VOL.VI892, PG. 993
C3 60.00' 21.52' 20°32'54" 21.40' N 8752'46" E D.R.D.C.T.
C4 23.00' 47.52' 118'22'06" 39.51' N 13°25'16" E
C5 120.00' 53.16' 25'22'52" 52.72' N 33'04'21" W ',-: ,11.`,,.
C6 50.00' 49.42' 56'37'42" 47.43' N 48'41'46" W '"i.. <s
C7 65.00' 30.99' 27'18'46" 30.69' N 63'21'14" W " » C°;;, j ON
08 10.00' 12.63' 7Z23'34" 11.81' N 85'53'38" W ; ],w,.
'--k1 ty' '4,
C9 88.60' 10.79' 6'58'41" 10.78' N 57'37'10" E is .;, ,,
• /-
C10 104.00' 41.49' 22'51'19" 41.21' N 42'42'10" E . 1,,,,,)
C11 10.00' 16.56' 94'53'11" 14.73' 5 13'24'17" E `=':-.-
Li
C12 35.00' 9.87' 16'09'45" 9.84' S 68'55'45" E^ r?� is
013 80.00' 79.07' 56'37'42" 75.89' S 48'41'46" E _ , .. ✓ �� �;
C14 90.00' 39.87' 25'22'52" 39.54' S 33'04'21" E ;,,t '.,..� P� U N
C15 53.00' 70.60' 76'19'33" 65.50' S 07'36'00" E 2 ae
016 1895.00' 183.34'5'32'36" 183.27'S 73'35'49" W U 1,0
C17 25.00' 12.28' 28'09'13" 12.16' S 79'04'36" W , ,a stt ate }• c
D.R.D.C.T. = Deed Records of Denton County, Texas '°"' ' p
o = 5/8-inch steel rod with orange plastic cap stamped r` .1 .a.aa»«<».••°®° •••®fes U
"R-DELTA ENGINEERS" set •i,°"° 4184 G'
ADS = 5/8-inch steel rod with a 2-inch Aluminum cap dfr\O �'
1.
stamped "R-DELTA ENGINEERS FIRM #10155000" c .-,y$an!.a.E p. ' - 0 A •
Set �. 01
R.O.W. = Right-of-Way ....k. �' (�
P.O.B. = Point Of Beginnings„ � !;
U
P.O.C. = Point Of Commencing LEWISVILLE INDEPENDENT yt
PG. = Page SCHOOL DISTRICT
SF = Square Feet VOL. 892, PG. 933 •
SRF = Steel Rod Found D.R.D.C.T. 14 •
VOL. = Volume
CAB. = Cabinet
' = Degrees CZ T3 C3
' = Minutes/Feet • '
" = Seconds 't2 C16
Line Bearing Dist.
p,p,g•• 1-1 N 81'29'38" E 58.23'
X. 2,468,890.77 . •
C17 113 '' OR\�� T2 N 59'11'45" E 32.36'
Y. 7,089,157.50 <,,-(1R set \RAS 0 W) T3 S 86 '50'47" E 73.21'
11 ' ,' T4 N 72'36'19" E 86.58'
•/T17 �60 T5 N 20°22'54" W 324.72'
i
90 1413T6 N 77°00`37" W 13.41'
`s to a T7 S 59'30'32" W 5.56'
.� T8 N 28'53'30" W 11.0C-
T9
3' T9 S 58'43'30" E 11.00'
Ct. 6 O �h LOT 4 T10 S 32'39'25" W 5.55'
o T11 S 77'00'37" E 13.41'
Q.
0 25' 50' 1immilimm00"
�� � T12 S 86'50'47" E 324.72'
T13 N 86'50'47" W 41.63'
P.O.C. T14 GRAPHIC SCALE IN FEET
T14 S 65'00'00" W 20.75'
X.Y. 7,089;1833.19 48. 88 SCALE: 7" = 50' REVISED PLAT OF T15-8-475700" W 1.50'
COLONY 21 I T16 S 00'38'30" E 4.22'
CAB. B, PG. 158 T17 S 81'29'38" W 17.02'
A description of even date accompanies this exhibit. D.R.D.C.T.
The coordinates and bearings shown hereon are NAD83 tied to Sheet 3 of 4
the Texas Coordinate System of 1983, North Central Zone (4202), MAY 2014 2204-14
The tie to the Texas Coordinate System was mode by Static R-V E.LTA
Initialization Global Positioning with the Leica SmartNet Network. ENGINEERS, INC.
The convergence angle at P.O.B. is +00 degree 53 minutes 29 ENGINEERS • LAW PLAtVERS •LAIfD SURVEYORS
seconds. All distances are reported as horizontal surface
measurements. To convert reported distances to the projection 618WMSTREET GAMMA TEXAS 75040
plane apply the combined factor of .99984648. Tel (9721494-5091 On the Web at www.rde(tacom
EXHIBIT A
22,129-SQUARE-FOOT TRACT OF LAND
PART OF THE M. HUNT SURVEY, ABST. No. 624
IN CITY OF THE COLONY, DENTON COUNTY, TEXAS
•Tg ,,&o
0 25' 50' 100' 0 T77` ,
f f mow• C8' 0
7 ;,:
GRAPHIC SCALE IN FEET !
1 >:
SCALE: 7" = 0,>50' <1 „0 I,
G
Line Bearing Dist. • "--t
Ti N 81'29'38" E 58.23'
T2 N 59'11'45" E 32.36' D.R.D.C.T. = Deed Records of Denton • LEWISVILLE INDEPENDENT
T3 S 86'50'47" E 73.21' County, Texas SCHOOL DISTRICT
0 = 5/8-inch steel rod with orange VOL. 892, PG. 933
T4 N 72'36'19" E 86.58' plastic cap stamped "R-DELTA
T5 N 20'22'54" W 324.72' D.R.D.C.T.
T6 N 77'00`37-W 13.41' ENGINEERS" set
PG. = Page
T7 S 59'30'32" W 5.56' SF = Square Feet
T8 N 28'53737-W-`-W- 1 1.00'_ SRF = Steel Rod Found
T9 S 58'43'.3-7-T E 11.00` VOL. = Volume
T10 S 32'39'25" W 5.55' ' = Degrees
Ti 1 S 77'00'37" E 13.41`- ' = Minutes/Feet GN �„
T12 S 20'22'54" E 324.72' " = Seconds ---
T13 N 86'50'47" W 41.63' l`�
T14 S 65'00'00" W 20.75' ,P1
T15 S 42'30 00" W 1.50' w
T16 S 00'38'30" E 4.22' C�
T17 S 81'29'3F W 17.02' Q; cis'
(.�N
Curve Radius Length Delta Chord Chord Bear. W
io
C1 67.50' 26.31' 22'19'57" 26.14' N 19'38'17" W
(�
C2 55.00' 32.60' 33"57'28" 32.12' N 76'10'29" E j p
C3 60.00' 21.52' 20'32'54" 21.40' N 82'52'46" E
C4 23.00' 47.52' 118'22'06" 39.51' N 13'25'16" E U
C5 120.00' 53.16' 25'22'52" 52.72' N 33'04'21" W
C6 50.00' 49.42' 56'37'42" 47.43' N 48'41'46" W
C7 65.00' 30.99' 27'18'46" 30.69' N 63'21'14" W 4
C8 10.00' 12.63' 7723'34" 11.81' N 85'53'38" W .-..4-,44 k
C9 88.60' 10.79' 6'58'41" 10.78' N 57'37'10" E !�, �1N�
C10 104.00 41.49' 22'51'19" 41.21' N 42'42'10" E00. ; ,,<.¢ PI MP..co
C11 10.00' 16.56' 94'53'11" 14.73' S 13'24'17" E ' ,> " P,
C12 35.00' 9.87' 16'09'45" 9.84' S 68'55'45" E k's 4)
C13 80.00' 79.07' 56'37'42" 75.89' S 48'41'46" E !.
C14 90.00' 39.87' 25'22'52" 39.54' S 33'04'21" F <f 4 ,yN '
015 53.00' 70.60' 76'19'33" 65.50' S 07'36'00" E
\ C. .FY
C16 1895.00' 183.34'5'32'36" 183.27'S 73'35'49" WV. o , 1f3, ' yr ,,
C17 25.00' 12.28' 28'09'13" 12.16' S 79'04'36" W ) (gg ') ,,..
A description of even date accompanies this exhibit. '‘
A.
The coordinates and bearings shown hereon are NAD83 tied to ii, i
the Texas Coordinate System of 1983, North Central Zone (4202), A Sheet 4 of 4
MAY 2014 2204-14
The tie to the Texas Coordinate System was made by Static •
Initialization Global Positioning with the Leica SmartNet Network. �!D ���
The convergence angle at P.O.B. is +00 degree 53 minutes 29 ENGINEERS,INC.
seconds. All distances are reported as horizontal surface
measurements. To convert reported distances to the projection ENGJEERS • LAND PLANNERS •LAND SURVEYORS
plane apply the combined factor of .99984648. 898 MAW ST(98ET SAaAM,TEXAS 75040
TN (812)484-5031 On the Web at wwwrdelte.cen
EXHIBIT "B"
CITY IMPROVEMENTS
[to be attached]
INTERLOCAL COOPERATION AGREEMENT
Between Lewisville Independent School District
and City Of The Colony-Page 12
Construct 8' Sidewalk
As Per City Standards
Existing Detention Basin r '
xrc-vx4,
Remove&Dispose Of Exist Cu. -
Install BFR As Per City Standards
, APproximote Loconor G'
Exisling,Gas L
i Accompanipg Easern t)
-_ - - —�`_ J` Based Marker
f I1 hes
Gas Marker 1 and Cos
- s d
-' —-- _ Mow. 2 A Lo�ele
i.
\
q,.
Thermoplastic Crosswalk-By Others - - - - -- - - -
It'
14*Pi' \
�'' ',..,,,,,R.z S
OWEN ELEMENTARY SCHOOL
, \ `
\
a `
\
\
. \
88 Owen ,,
Elementary School
\a