HomeMy WebLinkAboutResolution No. 2015-021CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING AN AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
THE COLONY, TEXAS, AND TRIANGLE PROPERTY 01, LTD. AND
TRIANGLE PROPERTY 04, LTD., FOR THE PtTR-POSE OF REN71SING
THE REQUIREMENTS OF THE ORIGINAL DEVELOP-INIENT
AGREEMENT DATED FEBRUARY 25, 2014, INCORPORATED HEREIN
AS EXHIBIT "All; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. the City of The Colon,. Texas (-City") and Triangle Property, 01. Ltd., a
Texas limited liabilit-, partnership, and Triangle Property 04, Ltd., a '. Texas limited liability.-
partnership (collectively referred to as the "Developer") have entered into a Development
Agreement such that the Dc\reloper is to construct Mvo (21) deceleration lanes adjacent to property
generally located at S.1-1, 121 and South Colony Boulevard; and
AIVIIEREAS, the City Council has determined that it is in the best interest of the Cit\ to
enter into an Amended and Restated Development Agreement such that it removes the
stipulation of construction of the NNest deceleration lane by the Developer. based upon the
recommendation of a traffic study. and
WHEREAS, the City Manager is authorized to execute the Amended and Restated
Development Agreement, incorporated herein by reference as Exhibit --A.- under the terms and
conditions stated therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS, THAT:
Section I. The .Amended and Restated Developer Agreement. which is attached hereto and
incorporated herein as Exhibit "A". having been reviewed by the City Council of the Cit-, of The
ColonN, Texas. and found to be acceptable and in the best interest of the City, and its citizens., be.
and the same is hereby. in all things approved. and the City Manager is hereby authorized to execute
the ALTreement on behalf of the CitN) of The Colon-, 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 17"' day of FEBRUARY, 2015.
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Denton County
Judi Luke
County Clerk
D�enton, TX 76202
D00231 -
Instrument Number: 2015-23070
As
Recorded On: March 09, 2016 Agreement
Parties: CITY OF THE COLONY
TO
Comment:
Parties listed above are for Clerks reference only
THIS IS NOT A BILL "
Agreernent 130.03
Total Recording., 130.411
Billable Pages: 27
Number of Pages. 27
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT""
Any provis8on herein which restricts the Sale, Rertai or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 2015-23070
Receipt Number: 1260091
Recorded Date/Time: March 09, 2015 11:31:43A
User I Station, C Robinson - Cash Station 1
Record and Return To.,
CITY OF THE COLONY
6800 MAIN ST
CITY SEC
THE COLONY TX 75056
THE STATE OF TEXAS)
COUNTY OF DENTON
14 Ar
I herebi, certify thatthis instrument was FILED Rn the File Numbersequence on the dateftime
duly, RECORDIED Vn the OfflcW Records of Denton County, Texas.
printed heron, and was
4
JUh Luktl
Clerk
County
Denton County, Texas
STATE OF TEXAS § AMENDED AND RESTATED
§ DEVELOPMENT AGREEMENT
COUNTY OF DENTON §
This Amended and Restated Development Agreement (the -Amended agreement`') is
made by and between the City- of The Colony, Texas, a. Texas home -rule municipality (the
"City`"), Triangle Property OL Ltd.. a Teas limited liability partnership„ and Triangle Property-
04. Ltd.. a Texas limited liability partnership (collectively referred to as the "Developer") (the
City and the Developer are hereinafter referred to as the "Parties")
RECITALS
WHEREAS, in order to facilitate construction of certain public improvements within the
City of The Colony, Texas. associated wvith the South Colony, Overpass project (the "Project").
the Developer has agreed to provide certain right-of-way- dedication for the South Colony
0-,,.,erpass, as gencrally depicted in Exhibit of this Amended Agreement (hereinafter referred to
as the "Right -of -Way"') for the Memorial Drive xvidening., as generally depicted in Exhibit B of
this Amended ;Agreement and
WHEREAS, the Project includes the construction of utilities as generally depicted in
Exhibit B of this Amended !agreement, which are attached hereto and incorporated herein by
reference: and
111HEREAS, in consideration. of Developer's Right -of 'Vay for the Project. the City
agrees to the following: (1) shall Nvaive any future payment of cost recovery fees in favor of the
Developer in an amount not to exceed Seven Hundred Eight%- Thousand Eight Hundred
Seventy and No/100 Dollars ($7811,870.00) for providing said Right -of -Way to facilitate
construction of the Project, (2) shall construct and install a left turn lane for the Property on.
southbound South Colony Boulevard at the intersection on the north side of the ramp for the SH
121 ov erTass, (3) shall construct and install one (l ) drive approach for the Property on South
Colon -v Boulevard: (4) prepare construction plans for one (1) de -acceleration lane on the SH 121
Southbound Frontage Road: and (5) construct and install a left turn lane and median opening for
the Property on southbound South Colony Boulevard approximately 330 feet north of the
intersection on the north side of the ramp -or the SH 121 overpass; and
WHEREAS, the Parties desire to enter into an agreement pursuant to TEXAS LOCAL
GOVEft'~INtL:vr CODE. Section 212.071 of sec/..
WHEREAS, on or about. February 25. 2014. the Parties entered into an original
Development Agreement concerning the Project; and
WHEREAS, the Parties would like to amend and restate the mutual obligations of the
Parties with this Amended and Restated Development :agreement.
NOW, THEREFORE, for and in consideration of the above and foregoing premises,
After Recording, MaH oocurnent(s) to:
City of The Colony - City Secretary
6800 Main Strreet
The Codons, TX 75056
and other good and valuable consideration. the sufficienc-v and receipt of which are hereby
acknowled ed. the Parties agree as follows:
9 1 hereby
ARTICLE I
Incorporation of Premises
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all intents and purposes.
ARTICLE 11
Definitions
2.1 City shall mean the City 7 of The Colony, Texas. a Texas home -rule municipality.
2,2 "City Engineer" shall mean the City of The Colony City Engineer, or designee.
2.3 *Commencement of Construction" shall mean the grading and/or preparation of South
Colony Overpass for extension and construction.
,4
2 " Documentsshall mean those certain plans and specifications being
�
prepared by Graham Associates. Inc., for the design, installation and construction of the
Project, and approved by the City.
2.5 "Developer" shall mean Triangle Property 01, tAd.. a Texas limited liability partnership.
and Triangle Property 04. Ltd.. a Texas limited liability partnership.
2.6 Date" shall mean the last date of execution of this Amended Agreement.
2.7 --Property" shall mean the property described in Exhibit C of this Amended Agreement,
which is attached hereto.
2.8 '-Project- shall collectively mean the South Colony Overpass depicted in Exhibit B to be
constructed by the City.
2.9 "Right -of -Way" shall mean collectively the approximately 15.888 square feet or 0365
acres of land in the Buffalo Bayou. Brazos & Colorado Railroad Company Survey.
Abstract No. 174. City, of The Colon,,% Denton County. Texas. more particularly
described and depicted in Exhibit.A. attached hereto and made a part hereof: and the
approximately 10,141 square feet or 0.2328 acres of land in the Buffalo Bayou, Brazos &
Colorado Railroad Company SurveN, Abstract No. 174. City of The Colony. Denton
County. Texas, more particularly described and depicted in Exhibit A. attached hereto
and made a part hereof.
ARTICLE III
Agreement
3.1 The De-;elopershall dedicate and convey to the City the Right-of-Nkla-, as depicted in
E,xhibitA for the construction of the Project.
3.2 Project Construction.
A. The Citi, is building. designing. constructing and installing the Project in
accordance with the Construction Documents without cost to the Developer. The City
AMENDED AND RLs,i,,n..,D DEVFLOPNIP,,,C, ACRETMEINJ PAGE 2
will construct the Project after receipt of all necessary right -of xayl dedication and other
permits necessary for Cite to commence construction. and caused Completion of
Construction of the Project.
B. The City agrees to Naive the Developer or successors in interest of the property
assessment and payment of cost recovery fees, if any,, in an amount not to exceed Seven
Hundred Eighty Thousand Eight Hundred Seventy and No/100 Dollars
(S780,870.00). for the Property as generally depicted in Exhibit C of this Amended
Agreement. which is attached hereto and incorporated herein for all purposes. Cost
recovery fees shall include, but not be limited to, administrative charges, meter costs.
buildin,, inspection fees, fire prevention fees. capital recovery fees. tap fees. impact fees.
planning and zoning fees. and subdivision fees. The Developer will be responsible for
paying to the City all monthly. utility` fees. including water, seNver. and storm water. for
the Developer's Facilities.
C. The City agrees to submit to and work with Texas Department of Transportation
for approval of driveways and de -acceleration lane for access to the Property from the SH
121 Southbound Frontage Road. The City also agrees to prepare construction plans for
one (1) de -acceleration lane on the SI -1 121 Southbound Frontage Road and the Developer
will construct the lane at no cost to the City.
D. The City agrees to construct and install a left turn lane for the Property on
southbound South Colony Boulevard at the intersection on the north side of the ramp for
the SH 121 overpass.
E. The City agrees to construct and install a left turn lane and median opening for the
Property on southbound South Colony Boulevard appro,,.imately 330 feet north of the
intersection on the north side of the ramp for the S11 121 overpass as described in 3.2.1)
aboN,e. This left turn lane and median opening will be constructed when the adjacent
portion of the property is developed.
ARTICLE IV
Miscellaneous Provisions
4.1 Amendments. This Amended Agreement constitutes the entire understanding and
agreement of the parties as to the matters set forth in this Amended Agreement. No
alteration of or amendment to this Amended Agreement shall be effective unless given in
,,vritin,g and signed by the party or parties sought to be charged or bound by the alteration
or amendment.
4,2 Applicable La", and Venue. This Amended 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 Amended. Agreement shall lie in the state district courts of
Denton County, Texas.
A,, ir "I DIT AM) RFsTATE D DEN�ELop,i.L,IQIT A6RFTMPNT —Rr� C& 3
4.3 Caption Heading, Caption headings in this Amended Agreement are for convenience
In
purposes only and are not to be used to interpret or define the provisions of the Amended
Agreement.
4.4 Counterparts ' . This Amended 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.
4.5 Force '-Majeure. It is expressly understood and agreed by the parties to this Amended
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. or court
injunction. 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 "vas
delayed.
4,6 Parties Bound; AssijZnment. This Amended Agreement shall be binding upon and inure
to the benefit of the Parties hereto and their respective legal representatives, successors
and assigns and shall be a. covenant running with the Property. This Amended
Agreement may not be assigned, transferred or otherwise conveyed by the Developer
without the prior written consent of the City. This Amended Agreement shall not be
recorded in the public land records without the vvi-itten consent of Developer and City.
4.7 Notice. All notices required by this Amended Agreement shall be in writing and
addressed to the followinc,, or such other party or address as either party designates in
writing. by certified mail, postage prepaid or by hand delivery.
If intended for Developer. to:
Triangle Property 01, Ltd,
AT'[' -,.,\T: -'\,Ir. Yoram Avineri, General Partner
P.0 Box 795743
Dallas, Texas 75379
Triangle Property 04, LU
AT'rN: IMr. Yorarn Avneri, General Partner
P.0 Box 79574'1
Dallas, 'Texas 75379
If intended for City, to:
Citi of The Colony
AfrN: City Manager
6800 Main Street
The Colony. Texas 75056
Facsimile No. (972) 624-2312
'vVith a copy to:
Jeff' Ioore, City Attorney
Brown & Hofineister, LLP
740 E. Campbell. Suite 800
Richardson. Texas 75081
Facsimile No. (2 14) 747-6111
AMENDED,,kND RE 5TA'i f D 1E" ..F AORETAIDN'l PA0,4
4.8 NA'arranty. The persons executing the same are authorized to execute this amended.
.Agreement on behalf of each of the respective parties.
4.9 Severabilily. The provisions of this emended :Agreement are severable. if any
paragraph.. section, subdivision sentence, clause, or phrase of this Amended Agreement
is for anv reason held by a court of competent jurisdiction to be contrary to law or
contrary- to any rule or regulation have the force and effect of the law. the remaining
portions of the :Amended Agreement shall be enforced as if the invalid provision had
never been included.
4.10 Time is of the Essence. Time is of the essence in the; performance of this Amended
_Agreement.
4.11 Entire Ag cement. This Amended Agreement constitutes the entire agreement and
understanding between the City, and the Developer. This :Amended. Agreement may only
be changed or modified with the written consent of the Developer and. the City Council.
Such modification may be requested by either party. but shall not. in any event. be
effective unless and u it approved by the City Council of the City.
IN WITNESS WHEREOF, each of the Parties hereto has caused this .Amended
Agreement to be executed by its undersigned duly authorized representative as of the date herein
above first mentioned.
EXECUTED on this d ay, of � � , r ..r20 15.
CITY OF THE COLONY, TEXAS
A Texas home -rule municipality"
B
oNve.lI. City 1N,Ianager
Attest:
ti
Christie NN ilson. Citi Secretary,
City of The Colony, Texas
_Approved as to form:
Jeff Nlooro, City Attorney
TRIANGLE PROPERTY01, LTD.,
a Texas limited liability partnership
By:.
`Foram Air tri. General. Partner
TRIANGLE PROPERTY 04, LTD.,
a Texas limited liability- partnership
0 A
By:
Yoram h eri, General Partner
A,,sr DE.D X1wu RFs TIED � +_ ,�� „a. Aoi F_vu r- VvE 5
CITY'S ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DEN TON §
This instrument was acknovvledged before me on the
� day of (?15, by
Troy C. Pov.,ell, City Manager of the CAN, of The Colony. Texas a Texas me -rule
municipality, on behalf of said municipality.
My Commission expires:
STATE OF TEXAS
COUNTY OF DENTON
A"
:Notary Public, �',ate of Texas
AMY PIIUKANA
My Commission Expires
January 8, 2017
DEVELOPER'S ACKNONY EDGINIENT
This instrument N -vas ackDOWledLed before me this
2015. by' Yoram Avneri- General Partner of "triangle Property 01, t,td., a
partnership on behalf of said partnership,
_T%4y Commission expires:
.................... . . . Z)
day of
ited liabilit
'Texas lir� Lit
Notary Public. StAte of Texas
A`IENNDED A"i) WsrATED PA(,i� 6
AMY PIUKANA
My Commission Expires
JIMMY 8, 2017
DEVELOPER'S ACKNONVLEDGIMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledL),ed before me this
_�_ day of
2015. by' Yoram A-vneri, General Partner of Triangle Property 04. Ltd.. a Texas limitWriWbilit)'6'
partnership, on behalf of said partnership.
Notary Public, SVte 6f Texas
My Commission expires:
Ile? ) I I
AMY RUKANA
v—
My Gurnmission Expires
January 8, 2017
li AND Rr 5TATFD Di N7LL4,)PN'IIF-Ni' j, -- PA(-,i-lI 7
EXHIBIT
Legal Description and Depiction of Right -of -Way
A-ME',,,,'DLD AND RESI'; "a LI DEVTF1,(—JP%,JF'NT if NF—PAGL 8
GRANTOR:
Triangle Propcily 01, Ltd.
A Tems limited liahifity partnership
BY:
Printed Name:
AC'KNOWLEDGMENT
STATE OF TEYLkS
COUNTY OF DENTON
BEFORE 'NIL, the undersigned authority, a Notary Public in and for said ("ountyand
State, oil this day porsonally appeared of Triangle PropoTty
01, Ltd, a Texas limittd liability parwership, knovin to nie to be the person whose name is
subscrilied to the for"ohig, insimiticut, and acknowlecig wd u nic uMhc exQc ted tho sume, f6l
the purposes and cansideralion therem expessed,
GIVEN UNDER MYRAND AND SEAL OF OFFICE this the -.-.duyor
,2013.
NlTomry in and for the "state of Texas
M� cornmission Expives:
Page 2 of 3
A,N IF. N RE sr,,,JED Dr.NTI OPMrvi, AGREEMENF—PA01' 10
NO'1'1(.',�l�'()F'CONFII)EN'r[Al.,II'Y'Rl(,HT'S: IF YOU ARE A NM'IJRAL PEWSON,
VOIT MAYREMOVE OR STRIKE, ANYOR ALL OF TIJE FOLLOWING
INFORMATION F110M ANY INSTRUMEWTHAT TRANSFERS AN INTERESTICS
REAL PROPER'J"Y BEFORE IT IS FILED FOR RECORI) IN THE, PURIAC RECORDS:
YOUR SOCIAL SECORITY NIJM13ER Oil VOU, R DRIVER'S TA(-,'LNSV NUMBER.
SPECIAL NNIARIUNTY DEED
STATEOF"IT XAS
.KN(.)W ALL MEN PRESENTS
IMMUMM
Thw, Triangle Prolvay 01, Ltd,, as 'Vcxas limited liability patinership, andlrianglc.
Property 04, Ltd., al'imis limitod liability PaTt"Iership (hnvinafwr wfwwd to as "Grantors"), nild
their mailing address, its 6757 Arapaho Road, Suite 711-293, Vallus, Texas 75248-4073, ror and
in considelatiors. (if itil dollar'; ($10.00) and u1ber good and valuable consideration to Gramor, the
rCCCij)l alld SUffiC.idjjC-
yr (,Ij' Which is hereby acknowledgtd,
. paid in hand fly the (,,ity cat The
Colony, Denton County, Texas ("Gravitce"), st Texas home rule jj7LjjjirJp3jjjyr, has GRANTED,
SOLD AND ( ONVEVED, and by thew liments doei GRANT, SELL AND CONVEY unto
Q'amw all that Qurtain lot, ti -act, or parcel or kind situated in the City of The olony, ('aunty of
Denton, Stale ref' l'exaa, being, mom particularly described in Exhibit "A," which is attached
hercto xid incorporated herein by ri4ercnce
TO HAVE AND TO HOLD the Land, together with all and singular the rights and
as p ances tkreto ann a
d in helonging, including all offirantor's right, title4nd intra . purtem
in and v) adjaeent sLrects, alkys, and rights-of-vvkty,siibjcct to the encumbrinces and claims of
i,ecoid, untu Grunter, its successors and assigns, forover, and Oranfor does licreby bind itself; its
aSSjglJj-' t&
WARRANT AND FOREVER OFFEND all wid singuiar the
1 -award unto Grantce, its successurs arid ars:;lgnr augajtjs( cwe,ry person whomw,wr lawfully,
claiming cis,• to olaim the saine or any pa -rt theivofby, through or under Orantor blut not othermise
;mdsmbject to all matters of record.
EXECU!"I'Ll) this the - _ day of' - - 2013.
1�age. 1 of 3
AmEM)LD,'k\D 9
('Y'RANTOR:
Triangle Property 04, JAd.
Alexas limiled 14ibility partnership
Pr rated' Name:
ACKNONNILFOGMEAT
STATE Or, TEXAS
COUNTY OF DENTON §
BEFORE ME, the unduTsigncel auflu)rity, a Nc�tary Public in wid for sLiid County 11nd
SMtc, on this day person0y appeared ' - -1- -.- ., c& frilingle pfopedy,
04, Ltd, a 1'exas linikeki liubility I)Aartncrship-,J-nown to arra; _I(TbL the Person whose name is
subscribed lo Me foregoing in,,trumeni, and adutowledgcd to me that lie exoutted the same, for
Ihc purposes and consideration therein expuessed.
(,.',IVLNIINDI�RNIYHANI)ANI) Sl'i',AI,OFOFJ{JC[7,dais tiic,dayof
2013.
Notary Public in uuid foi Ilit SL ate of"fexas
My
AFIVR RECORDING'RETURN TO:
City of'I he (Wony
6800 .Main Street
'I he Colony, Texas 75056
Rago 3 of 3
A,IENDFD AND RF's f,i) DL -vi, r Awn — PAUF 1 I
YXIIII311"A"
County: Denton Page I of 5
Ili law State 11i hwaaaay No. 12 1 1�ebi uar,y 18, 2013
Station: 550 #,0176 to 559+0116
R,O.W. C SJ: 0364„•f13-097
PROPERTY MSCRIPTION FOR PARCEL 4
DeSClintion of a 15,988 square foot (0.365 acre) tract of land lacated in the Buffalo BaYoLl,
Brazos & Colowdo Railroad ("otopany Suney, Ahslra�:t No. 174, Denton County, Texas, and
beitug a poitioii of as called 323378 acre tract of land describe,(,] in the SNcial Warranty Deed to
Orchard Vcnture, Property 01, L td., and Triangle Property 04, LUL, filed for rem'd
in Vcdinne 5321, Page 3471, Deed Records, Denton County, Texas, and Losing inure particularly
described by metes and bounds ais f'ollows:
COMMENCING at, as 1/2 inch iron rod fovaid (Clontrollfiig Monument) at the noilliwest Corner
of'Lof 1, Block A. Universal Moro I foldings, Tne.12 1, an addition to tlic City of The Colony,
Dcnton COU11ty, I eXaS, 30f,%)rdiAg to the plat filed for n,cord in Cabinet S, Page 146, Plat
Recards, Donton
THE(','F,Soijih 29'14'30” 1'Ust, along the southwesterly line of 4d Universal Metio I loldings,
Inc,1121, a distauQQ of 249.18 feel, to a 5/8 inch iron rod set -w1tha4'xD0T3-l/4 inch alliminurn
disk at dw ivata rsew tirxa of said southwesterly line and the new northerly right-of-way line of State
Highway No, 121 (a variable width public right-of-xay), said alurninom disk also being at
Station 559-W2,10, 177.71 tl'eel Left, and having a Texas Coordinate System, NAD, 83(2002),
North Central lone- (4202) SUrfaCC coordinate of North: 7,080, 187,88, East: 2,470,258.72, arid
burin, of the POINT OF RECINNING of the hetein described tract of herd;*
11 THENCE South 29`14'30"East, cominuirig along the southwesterly line of said Universil
Metro I [oldings, Inc,/ 121, as jjst;,trjce of 6,55 J'Qct, to as 519 iuch iron rod set witha Tx DOT 2 itich
aLuminmn cap on the existing ruatherly right -of' -way line of said State Highway No. 121;
2) THENCE Soolh 60'47'3-1" West, along said cxisfing northerly right-of-way line, a distance
of" 999.38 feet, to a 112 inch iron tod found (Control ling Moi-inment) at the interction of said
oxisfing noilhcrlyxight-uf-�vay fine 4ud the casterly light -or -way line ofsouth Colony Bouluvard
(a variable widtli ptiMic right -o( -way as describe d in the deed to the Chy of the Colmy, filed for
recoal Linder flic, COmt), Clerk's Instrument No. 2006-38457 aud Instrument Nu, 2006-38458,
Official Public Records, Denton Cc)mity, Texas;
3)T1f4UNCE, North 29'15'S I" W'cst, along &c casterly iio, it ofway liras; of sixid South C'olony
BoUlewad, a distance of 19.31 feet, Co a 518 hich iran rod tics wilh a 3-1/4 inch
ahallinLim dfsk, said iron rod also beinx,
_g at Station 550+03.76, 190A7 Left, and having a Te a s
Coordinate Systcm, MAD, 93(2002), North Cenfval Zonc (4202) stirface coordinate of North:
7,07x9 760,62, Fast: 2,469,468,32,1"
12
County: Denton Page 2 of 5
1 lighway: State f fighway No,121 February ib, 2,()13
Sta(iory 550+03 -76 to 559+02.16
R-OAV. (:'SJ0364-03-097
PROPERTY DIt'S(.1RIPTION FOR PARCEL 4
THEN(T deparlingsaid mwrly right of way line and along the new northcrly righl-of-wa) live
of said Slaw HiO
,! way No. 121 as followsl
4) North 60'5 I'l 4" Fast, a distance of'439. 17 feet, to as 5/8 inch iron rod with a
TxDOT3-1/4 inch aluminum disk. set;"" *
5)'Nlorth 5"7'48'11" East, a distance of 104,11) to as 5/8 inch iron rod kvith as
Txl)0'1'3-1/4 irlCll aw11]'MkOtl) disk so,:'*
6) Not1h 62'55'00" r,ast, as distance of 75,42 ket, to as 5/8 inch iron iod with as
TxWT 3-1/4 inch aluminum disk wt;*
7) North 64,'59'29" Fast, a distanco of'115,29 11 et, to as 5/8 inch iron rod with a
Tx1:)0'l 3-114 inch altuninum disk svt;" *'
8) North 62;47'33" latest, a distancc of 144.96 feet, to 5/8 'Hich iron rod witb 41
TxDOT 3-1 /4 inch aJurninum disk set on the ;so uffiva'Sterly line of Vot 1, Mock A,
Universal Metro I fuldings, 111CA 2 1, an addii iort to dic City of the Colony, Denton
County, 'J'exa!', to the PO NI OF BEGINNING and containing 15,889 squaro
feet (0.365 acres) of Jand, rnolc or jc";S.
J'ho bearings recited hereinabove are based on thc.Texas ("Ourdinafe System (N.A.D. 83), Noyth
Conhal Zo,nc (4202), and were doermined by (A'S observations of Monuilmits 12, 1 31, N and 15
Ofthe City of The Colony Goodetic Control.
All cunrdivafv,; s1iown are surfacc, uness, offierwise noted and jxijy be converted to grid by
dividing byti combined scale fzietorof 1,000152693
'I , Ile Station and Offset inform,,'ajon refcrs (o Die baseline shown on the flans of Proposed Right-
vf'-Way Project, Piojeul No. 8018-2-20
Am[,!11'[)F D /v,� r) Ri-s rvi 11D DR13
counlyw Denton Page 3 of 5
ffiglkv,�ay; Statc Highway o.121 Fcbruary 18, 201.1
Station: 550H-03.76 to 559402.16
M)MCSJ: 0164-03-097
PROPERTY DESCRIFFION FOR PARCEL 4
1, William C. I laddock-, a Rcgistercd Profosional Land Sut veyor in the Sfiate of T&xas, fivreby
cerdi` 1hat the lund. descriptionand plat represent an actual survey madc on ffic ground under nly
supoi �isdon thc mouth 4 Jawary, 2013
William C. Haddock
Registered Professional Land Survoyor
" I , exas Rc:giAritioki No. 5764
Graham Associates, hic,
fl Sial Drive, Suite 500
Ai'liogton, Texas 76W 1
(81X640- 5ii5
`11IMS Firm -No. 101538-00
ANIf NDI: D,,'O�D Rr--s r -vi r i) DEVI LCAR\fl: AGizrFmEN f'— PAGE 14
ANIENDFD,gym)Rtsi'vrm DFiNi,IOPME-NT 15
AMFNDED,,�.�,-i) Rinls Dr, vi, r AII�,PFi-NENT — PAGE" 16
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AMFNDED,,�.�,-i) Rinls Dr, vi, r AII�,PFi-NENT — PAGE" 16
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NOTICE OF CON 14 DENTIALITY 1UGUTS, IF VOU ARE A NATURAL PE11SON,
YOU MAY REMOVE OR ST141KE ANY OR ALL Or THE, FOLLOMIJNG
INFORMAUON FROM ANY INSTRUNI FNT THAT TRANSFER AN INFIRES' IN
IWA LRROPERTY BEFORE IT IS FILED FOR RECORD INTHE PUBLICRECORDS:
YOUR SO(.,'IAI, SECURITY NUMBER OR, VOUR DRIVER'S LICENSE NUMBER.
SPE CIAL WAR RA NTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRES17 NTS
COUNTY OF 1) FATON §
That, Triangle Property 01, Lid., a, Texas limited liability partnomhip, and TrIangle
Propoly 04, 1,1(1., aTextv, limited liability partnei'sliip (heicinafter relcired to as "Orantors"), and
flicir malling, address is 6757 Aral Wit) Road, Suite 711-293, Dallwq, Texas 75248-4073, for and
in coil sidenal kin of ten dollam (SI 0.00) and alher good and valuaHc consideratim to 6j'antor, the
receipt and sufficiency of wbich is hereby actwowledged, paid in liarid by the City of The
Colony, Denton Cuunfy, 4'exas ("Gran(w"), a Tcxas liome rule municipality, has GRANTED,
SOLD AND CONVFVYJ), and by thesc presents docs GRA.N'J', SELL AND CONVEY wito
Gralitce all that cellain lot, tawt, ot pawel of land situated in the City UfUle Cotolly, County of
Denton, State of Texas, being niore pailicularly deseribed in Exhibit "A," which is attached
hercto and inempoiated herain by rele rence,
TO HAVE AND TO 1-1,01,I) flictand, (ogetbei with all, and SiDgUkl- the rip,141S and
appuitonances thcreto and in anywise belonging including all of Grantor's right, fl(le And irtel-CA
is and to adJacent sirceir", alloys and rights-of-way, sul?jcct to the wicumbrutict% and claims of
recoi•(], unto Grantce, its suecmsars a:lld assigns forever., and Grantor does hereby bind itself; its
hciys, successors mid assigns to WARRANT AND FOREVER DEFEM) all and singular the
Larid wito Grantee, its successurs and ousiigw agairst every person volioln-soever lawfully
Claiming ol to ClAm the samc, or vl')y haul' dwicof, by, through or under (Innifor but nol otherwise
and subjoct to all matters, of record.
EXEC(ITED the ,% the - day of 2011
Page I o1'3
17
CRANTOR-
Triallgle Property 01, Ud.
ATexas Ifinited livability parfiwrship
m
Printcd Mir=
ACKNOWIXOGMENT
STATE OFTEXAS
COONTY OUDENTON
BEFORE ME, the, undersigncd auttiority, a Notary Public in and fur said County and
SNifc, on (fris day persoaaHy appeared
01, Ltd., a Tvxas Hmitul fiabifily paiflic"tship, known to me tet be the personwhoso llanjv is
SUbsvibod to the forcgoing instrunruit, and acknowledged to me that lie execuled Ilic sank, ror
flit purposcs and consideration fhert-in expjes%ed
GIVLN UNDER MY Il AND AND SEAL OF OFFICE, this thea,._. _ day of'
Notary Public, in and for Ow SWIc of Texas
My Com-aiission Expirw,:
Pag c 2 of" 3
Ami,,w i-) `o i) Ri-lvvviii) DI-VIIOPNIPNT Aoprl KILN — PA6F 18
GRANTOR:
Triangle Property 04, Ltd
ATexas limilcd liabililypailticr.ship
w
Printed Nmnu:
ACKKOWLEDGMENT
STATE OF TEXAS §
COUNTY OF DENTON §
DEFORE, ME, the undmigned authority, as Notary Ptiblic, in and for said County and
State, on f"lis day porsonally appeared of Triangle Properly
04, 1A1., a Texas Jimited [iabihly partnership, known to mc to lie the Iacrson whose naric is
subscribcJ to thc foregoing instropma, and IdalowJodge'd to mo that Jl(,' executcd tile sanle, ror
the InIq)(9 ses .41XI Consideration flwivitl expressed.
GIVEN UNDER MVHAND AND KCAL OFOITFICT this dic — day of
.2011
Nclary Public, in and for the State of Texas
Mly Coninlission Expires:
AVITIR REC"ORIIING REATUN TO -
City of The C olony
6800 Main Sirccl
The Colony, I'mis 75056
Page, 3 of 3
19
EXHIBIT "A"
WGIIT-OFA-WAY DEDWATION
0.2328 ACRES
BUFFALO BAYOU, B1OS &
COLORADO RAILROAD SURVEY,
ABSTRACT NO. 1741
CITY OFTHE COLONY,
PYNTON COUNTY, TEXAS.
BEING as lot, tract or parecl of land located in the Buffalo, Bayou, ffiazos& Colorado Railroad
Company Survey, Abstract No. 174, City of The (1101011y, M111:011 Cotintyl 1'exag, Mid being a
portion of as called 32.3378 aare tract of ]and described in the Special Warranty Deed to Orchard
Venture, Ltd, rrianglo Property 0I, Ltd,, and Jrivingykm Property 04, 1,tcl x filed for record in
Volunie 5321, Page 3471, Dced Records. Denton County, 'Iexvs, mid being more particukirly
dosefibed hymetes and b0IIIII(IS AS fOIIOWS;
BEGINNING at n Me. inch iron rod f -bund on the cas(erly right-crf' -way Hac of South Colony
Dmkvard (a vzdabL, width public right-of-way), described in the deed to the City of The
Colony, filed for record un&ey the (ounty Clerk's File No. 2006-38457, Official Public Reoords,
Denton ounty, 1'exas (O.P.RD.C.1%) also being the intersoition of %iid casturly, light -of' -way
lim and the proposed nort1wrly righf-of-way line of State .1-1ighway No, 121 (a variable width
pW,)IiC light-(yf-way), from which as Ibund 112 inch iron rod, whicil, beans SVIF51"E, as distance
of 1931 ket (Controlling Monument);
THENCE N29015'51"W, along said casterly rigill-of-way line, a distance of 691.68 feet to aft
iroll rod set with a, cap ",,-,turoped "GAI" (hereinafter refC rred to as an iron Yeast Set), from Which as
1/2 inch iron rod found with a cap stainped "Pacheco-Kodi" whioh bears N,29'1.5' 51 "W, it
distance uf 258,19 (Coatrolling Monument);
THEACE N60`44'25"F, dcpartingmid cisufly right-of-way lirw, as distance of 4.88 ftel to all
iron rod :net;
'THENCE W58'40 1,,,, as dist-arm (if 64.28 foot Io an iron rod set;
THENCE S3 1 `02'4611,1% a distaticc of 85, 70 feet to au iron rodset,
THENCt' S35"1 1'I 7"V, au distanc�- of'150.82 feet to ait 4,o n. rod set;
THENCE SO] 040'54"F', as distance of 40.76 Bret to an hon rant ;cant;
Page I of 3
A4,,r,,FFMP,,'1—PAGT,-I 20
THENCE, SN' 12"27'17,, a distance of 68,17 feet to an iron rod sot at the lyginning of at tangent
curve to Ily- left whose ucirtut [wars. N60'47'11"E, a distance of 215,00 (eek;
THENCY along said (migent curve to the left and in a southeasterly direction, throtigh a contral
angle cpf for an are lenLitik or 61.37 beet, staid MI'Ve kl]SO ILRVinp, 8 ORMI iwarillg Of
S37"23'06"1-,, a chord length of 6l.16,fect to mi iron rod set at then begirming of a reverse curve
to thw.right whose cciiicr bears S44'19'32"W, a dislanw of'273,29 feet;
along said leve r c curve to ffic rij,,ht and in a southeasterly direction, through a centml
angle of 16"34'44", for an arc length of 79.08 feet, said revev;c starve also having a chord
bearing nS"17'23'06`1,,, as chord long of 78.80 feet, to Lmiroll rod set;
THENCE 829`12'27"R, a dislance of 18.59 feet tan vii iron rod set;
THENCE 833u18" 44""1a, a distance of 85.74 fect to ev iron rod set;
THENCE S43059'46"F, as distance of 4636 ieot to Baca iron rod so, qaid point being in the
proposed northcxly righ(,,of-way litre of said State J fighway xo� 121;
THEM.-IE S6003 I'l 4"W, 'along said proposed northerly right-of-way flne, a distanev of 41.58
w
f'ect to the 1110IN'TOF 10,'GINNING and containing, 0,2-32R acres (10,141) squwv feet) of hilid,
more or less.
T)w hvittings recited het6mJ)ove are grid bearings, derived from UPS obscrvations of Cily of
The Olony OPS Control Monumciits 12, 13, 14 and 15, which wcoc established by ICic City of
The Colony and based d)n the Texas Coordinate System, NAD83 (CORS 96), North Untral
Zorw, (NAubined Scalar, Faclor � 0.99984733
Surveyed on the ground imIke t
!ionth offanvary, 2013
Registorcki 11 ssional JAnd Slarveyor
Toxas R.egisLration No. 5262
GrAmn Associates, Inc,
600 Six Flags Drive, Suite 500
Arlingtonj'oxmi 76011
(817') 640.8535
TWILS Fir-m No� 101518-00
Parte 2 () f 3
A',,�11:1","-DE D /V',,D Rr s t,�TFD M..�vj. UMNIENI- FAURU LNIL'N F— PAGE,'21
AMT,NDLPA,�D RFsrvEi:D Rwi�, 22
Depiction of South Colony Overpass
AmENDED AND RrisTAITi.)
AN MVD ANo DTFi opmENY A(MEEWNT-PAW 24
VANIM"IM
Depiction of the Property
AmENDED .��ND Rji PAol- 25
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