HomeMy WebLinkAboutResolution No. 2015-043 CITY OF THE COLONY,TEXAS
RESOLUTION NO. 2015- CY,"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEVELOPMENT AGREEMENT BETWEEN CITY OF THE
COLONY AND EPC-ARSW, LLC, FOR THE HUDSON - PARKS AT
AUSTIN RANCH, PHASE 2; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about January 2015, city staff conducted an analysis of 2015 building
permit fees in cities surrounding The Colony as they relate to the Austin Ranch development;
and
WHEREAS, based on the results of that analysis, developer EPC-ARSW, LLC is
requesting the city enter into this Development Agreement for the purpose of constructing 28
multiple family buildings, a Leasing Center, Club, Fitness Center and maintenance buildings in
The Hudson- Parks at Austin Ranch, Phase 2 under the terms of the Development Agreement,
which is attached hereto as Exhibit A; and
WHEREAS, the Development Agreement stipulates that the City of The Colony agrees
to reduce the building permit fee rate as stated therein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY,TEXAS,THAT:
SECTION 1. The findings set forth above are incorporated into the body of this Resolution
as if fully set forth herein.
SECTION 2. The City Council of the City of The Colony, Texas, does hereby authorize
the city manager to execute the Development Agreement of The Hudson- Parks at Austin Ranch,
Phase 2, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all
purposes.
SECTION 3. This Resolution shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY,TEXAS,THIS 21St day of April,2015.
G
J McCo , Mayor
ATTEST:
r
i/ tca(4-6.--e' )),_) ######„„,,,,,,,,,,,
Of• T��
C • ie Wilson, City Secretary +``��• ••.,
APPROVED AS TO FORM: ' ``''
V" SE...
•
• 1
� •
Jeff Moore, t ity Attorney
.
•TEXP�
Page 2
AFTER RECORDING, RETURN TO:
City of The Colony
6800 Main Street
The Colony, Texas 75056
Attn: City Manager's Office
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGEMENT (hereinafter referred to as the "Agreement")
is made and entered into this Z( day of , 2015, by and between
the CITY OF THE COLONY, TEXAS, a Texas ho e-rule municipality (hereinafter referred
to as the "City") and Billingsley Development Corporation, a Texas limited Corporation
(hereinafter referred to as the "Developer") (individually, a "Party," and together, the "Parties"),
as follows:
WITNESSETH:
WHEREAS, Developer is the owner of approximately 29.38 acres of land located within
the City of The Colony, Denton County, Texas, as more particularly described in Exhibit A, -
Lots 1-4 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 Hudson, Austin
Ranch, , 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 699 dwelling units at a density of 23.79 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.
Development Agreement
City of The Colony—Billingsley Development Corporation Page 1 of 17
Section 3. Definitions. Wherever used in this Agreement, the following terms shall
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 Billingsley Development Corporation, a Texas corporation 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.
Development Agreement
City of The Colony—Billingsley Development Corporation Page 2 of 17
"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
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 29.38-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 Hudson — Austin Ranch, , 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 699 dwelling units at a density of 23.79 15.1 units per acre,
Leasing Center and Fitness Center on the Property. A total of approximately 611,617 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 Four Hundred Sixty-five Thousand Five
Hundred Eighty-five and 18/100 Dollars ($465,685.18), and shall pay to the City an additional
amount of One Hundred Sixteen Thousand Four Hundred Twenty-one and 29/100 Dollars
Development Agreement
City of The Colony—Billingsley Development Corporation Page 3 of 17
($116,421.29) as plan review fees, for the Development permits for The Hudson — Parks at
Austin Ranch, Phase 2. Additionally, the Developer shall pay to the City Sixty-nine Thousand
Ninety-Three and 90/100 Dollars ($69,093.90) as Mechanical, Electrical and Plumbing (MEP)
permit fees/Certificates of 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 Hudson— Parks at Austin Ranch, Phase 2
= 611,617 gross square feet.
Construction Type: R2 Occupancy Group; Type VA Construction = $105.75 per sq.
ft. 611,617 sq. ft. X $105.75 = $64,678,497.75 (Total valuation to determine permit
cost)
The City's currently adopted fee schedule multiplier (.0090): $64,678,497.75 X 0.0090
= $582,106.48 (building permit) + $145,526.62 (25% plan review) + $69,093.90 (MEP
fees/CO/Power Pole) = $796,727.00 (total building permit fee), which is $12.42 per
$1,000 of valuation for The Hudson at Austin Ranch.
Pursuant to this Agreement, The City of The Colony will use a 0.0072 multiplier, which
is a 20% reduction of the adopted fee schedule multiplier to reduce the amount of
building permit fees paid. Using said multiplier (0.0072): $64,678,497.75 X 0.0072 =
$465,685.18 (building permit) + $116,421.29 (25% plan review) + $69,093.90 (MEP/
CO/ Power Pole) = $651,200.37 total building permit/plan review fee/ MEP fee, which is
$9.93 per $1,000 of valuation for The Hudson—Parks at Austin Ranch, Phase 2.
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;
Development Agreement
City of The Colony—Billingsley Development Corporation Page 4 of 17
(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.
Section 6. Survival. Notwithstanding anything in this Agreement to the contrary,
Sections 7(b), 7(d), 7(j), 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
Development Agreement
City of The Colony—Billingsley Development Corporation Page 5 of 17
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.
(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: Billingsley Development Corporation
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
(I) 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
Development Agreement
City of The Colony—Billingsley Development Corporation Page 6 of 17
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
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 120`h 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.
Development Agreement
City of The Colony—Billingsley Development Corporation Page 7 of 17
[The Remainder of this Page Intentionally Left Blank]
Development Agreement
City of The Colony—Billingsley Development Corporation Page 8 of 17
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: T , C. Powell
Title: City Mana er
Date Executed: )I4 p/c-
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ant'' day of
2015, by Troy C. Powell, City Manager of the City of The Colony,
Texas, a Texas me-rule municipality, on behalf of the City of The Colony, Texas.
Notary Public, State of Texas
My Commission Expires:
`"P�Pi°. CHRISTIE NEU WILSON
I — do- — 1 ��)�n My Commission Expires
dq-A4My
November 22,2017
Development Agreement
City of The Colony—Billingsley Development Corporation Page 9 of 17
DEVELOPER:
Billingsley Development Corporation
a Texas corporation
By: `J ` ��""L
Name: iol Opep4,
Title: lci&AT
Date Executed: /I" L6/ z,Ols
STATE OF TEXAS §
COUNTY OF b1/41.
l� §
Tis instrument was ack}�'owled ed eforre me on , the 07 day of
...)7A
/ 2015,byl,t A A re (A_ , / s - •
Billingsley Dev opment Corporation, a Texas corporati► .
Itf,_
Notary P ic, State of Texas
NNIE D. CLARK
My Commission Expires: ' .4�'" CONotary Public
State of Texas
a Comm.Expires 11/20/2016
Development Agreement
City of The Colony Billingsley Development Corporation Page 10 of 17
Exhibit A
Legal Description and or Depiction of Property
THE HUDSON, LOT 1
BEING a tract of land situated in the Samuel B. Evans Survey, Abstract No. 397, City of The
Colony, Denton County, Texas, and being a portion of that certain tract of land conveyed to
Trammell Crow Company No. 33, Ltd., a Texas limited partnership, a 58.0305% undivided
Parkway Business Center XIV, Ltd., a Texas limited partnership, a 3.9506% undivided interest,
University Business Park Phase I, Ltd., a Texas limited partnership, 1.9743% undivided interest,
and UBP Venture, Ltd., a Texas limited partnership, a 0.0012% undivided interest, by deed
recorded under Document No. 2013-49237, Official Public Records, Denton County, Texas, and
being more particularly described as follows:
COMMENCING at a point for the most northerly Northwest corner of Lot 1, Block C, Parks of
Austin Ranch Addition, an addition to the City of The Colony, Denton County, Texas, according
to the plat thereof recorded under Document No. 2013-328, said Official Public Records, same
being in the South right-of-way line of Windhaven Parkway (variable width right-of-way)
(Cabinet U, Page 876), same being the beginning of a curve to the left, having a radius of
1340.00 feet and a central angle of 39 deg. 02 min. 12 sec.;
THENCE through the interior of said Trammell tract, and along the South right-of-way line of
said Windhaven Parkway as follows:
Along said curve to the left, an arc distance of 912.97 feet and a chord bearing and distance of
North 71 deg. 49 min. 57 sec. West, 895.41 feet to a point for angle point;
South 88 deg. 38 min. 57 sec. West, a distance of 282.58 feet to a point angle point;
THENCE through the interior of said Trammell tract as follows:
South 01 deg. 39 min. 27 sec. West, a distance of 255.35 feet to a point for the Northeast corner
of the herein described tract, same being the POINT OF BEGINNING;
South 01 deg. 39 min. 27 sec. West, a distance of 19.35 feet to a point for angle point;
South, a distance of 843.06 feet to a point for the Southeast corner of the herein described tract;
West, a distance of 215.98 feet to a point for the Southwest corner of the herein described tract;
North, a distance of 857.29 feet to a point for the Northwest corner of the herein described tract;
North 88 deg. 38 min. 57 sec. East, a distance of 216.60 feet to the POINT OF BEGINNING and
containing 4.26 acres of computed land, more or less.
Development Agreement
City of The Colony—Billingsley Development Corporation Page 11 of 17
THE HUDSON, LOT 2
BEING a tract of land situated in the Samuel B. Evans Survey, Abstract No. 397 and the D.
Andrews Survey, Abstract No. 18, City of The Colony, Denton County, Texas, and being a
portion of that certain 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 3.9506% undivided interest, University Business Park Phase I, Ltd., a
Texas limited partnership, 1.9743% undivided interest, and UBP Venture, Ltd., a Texas limited
partnership, a 0.0012% undivided interest, by deed recorded under Document No. 2013-49237,
Official Public Records, Denton County, Texas, and being more particularly described as
follows:
BEGINNING at a point for the most northerly Northwest corner of Lot 1, Block C, Parks of
Austin Ranch Addition, an addition to the City of The Colony, Denton County, Texas, according
to the plat thereof recorded under Document No. 2013-328, said Official Public Records, same
being in the South right-of-way line of Windhaven Parkway (variable width right-of-way)
(Cabinet U, Page 876), same being the Northeast corner of the herein described tract;
THENCE through the interior of said Trammell tract and along the West lines of Lot 1 as
follows:
South 37 deg. 55 min. 35 sec. West, a distance of 356.13 feet to a point for the most easterly
Southeast corner of the herein described tract, same being the beginning of a non-tangent curve
to the left,having a radius of 623.00 feet and a central angle of 17 deg. 32 min. 05 sec.;
Along said non-tangent curve to the left an arc distance of 190.66 feet and a chord bearing and
distance of North 81 deg. 16 min. 43 sec. West, 189.92 feet to a point for angle point;
West, a distance of 30.00 feet to a point for internal corner, same being the most westerly
Northwest corner of said Lot 1;
South, a distance of 144.47 feet to a point for angle point, same being the Southwest corner of
said Lot 1, same being in the North right-of-way line of Painted Lake Circle (60 foot right-of-
way),
THENCE through the interior of said Trammell tract as follows:
South 84 deg. 59 min. 23 sec. West, a distance of 22.81 feet to a point for the beginning of a
curve to the left, having a radius of 479.50 feet and a central angle of 80 deg. 02 min. 23 sec.;
Along said curve to the left, an arc distance of 669.84 feet and a chord bearing and distance of
South 43 deg. 36 min. 25 sec. West, 616.69 feet to a point for the most southerly Southeast
corner of the herein described tract;
THENCE through the interior of said Trammell tract as follows:
West, a distance of 196.54 feet to a point for the Southwest corner of the herein described tract;
North, a distance of 842.19 feet to a point for angle point;
Development Agreement
City of The Colony—Billingsley Development Corporation Page 12 of 17
North 01 deg. 39 min. 27 sec. East, a distance of 21.64 feet to a point for the Northwest corner of
the herein described tract;
North 88 deg. 38 min. 57 sec. East, a distance of 1022.27 feet to a point for angle point, same
being in the South right-of-way line of aforesaid Windhaven Parkway, same being the beginning
of a curve to the right, having a radius of 1340.00 feet and a central angle of 03 deg. 06 min. 13
sec.;
Along said curve to the right, an arc distance of 72.58 feet and a chord bearing and distance of
South 53 deg. 51 min. 57 sec. East, 72.58 feet to the POINT OF BEGINNING and containing
11.76 acres of computed land, more or less.
THE HUDSON, LOT 3
BEING a tract of land situated in the Samuel B. Evans Survey, Abstract No. 397 and the D.
Andrews Survey, Abstract No. 18, City of The Colony, Denton County, Texas, and being a
portion of that certain 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 3.9506% undivided interest, University Business Park Phase I, Ltd., a
Texas limited partnership, 1.9743% undivided interest, and UBP Venture, Ltd., a Texas limited
partnership, a 0.0012% undivided interest, by deed recorded under Document No. 2013-49237,
Official Public Records, Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a point for the most northerly Northwest corner of Lot 1, Block C, Parks of
Austin Ranch Addition, an addition to the City of The Colony, Denton County, Texas, according
to the plat thereof recorded under Document No. 2013-328, said Official Public Records, same
being in the South right-of-way line of Windhaven Parkway (variable width right-of-way)
(Cabinet U, Page 876), same being the beginning of a curve to the left, having a radius of
1340.00 feet and a central angle of 39 deg. 02 min. 12 sec.;
THENCE through the interior of said Trammell tract, and along the South right-of-way line of
said Windhaven Parkway as follows:
Along said curve to the left, an arc distance of 912.97 feet and a chord bearing and distance of
North 71 deg. 49 min. 57 sec. West, 895.41 feet to a point for angle point;
South 88 deg. 38 min. 57 sec. West, a distance of 506.57 feet to a point for angle point;
THENCE through the interior of said Trammell tract as follows:
South, a distance of 1174.82 feet to a point for angle point;
West, a distance of 64.08 feet to a point for the Northwest corner of the herein described tract,
same being the POINT OF BEGINNING;
East, a distance of 468.58 feet to a point for the Northeast corner of the herein described tract,
same being the beginning of a non-tangent curve to the left, having a radius of 419.50 feet and a
central angle of 22 deg. 24 min. 02 sec.;
Along said non-tangent curve to the left, an arc distance of 164.01 feet and a chord bearing and
Development Agreement
City of The Colony—Billingsley Development Corporation Page 13 of 17
distance of South 15 deg. 18 min. 05 sec. East, 162.97 feet to a point for angle point;
South 30 deg. 00 min. 00 sec. East, a distance of 451.25 feet to a point for the Southeast corner
of the herein described tract;
South 60 deg. 00 min. 00 sec. West, a distance of 561.95 feet to a point for the most southerly
Southwest corner of the herein described tract;
North 30 deg. 00 min. 00 sec. West, a distance of 324.24 feet to a point for the most westerly
Southwest corner of the herein described tract;
North 60 deg. 00 min. 00 sec. East, a distance of 179.43 feet to a point for internal corner;
North 30 deg. 00 min. 00 sec. West, a distance of 188.99 feet to a point for angle point;
North 18 deg. 00 min. 50 sec. West, a distance of 191.50 feet to a point for angle point;
West, a distance of 90.11 feet to a point for corner;
North 112.67 feet to the PONT OF BEGINNING and containing 7.86 acres of computed land,
more or less.
THE HUDSON, LOT 4
BEING a tract of land situated in the Samuel B. Evans Survey, Abstract No. 397 and the D.
Andrews Survey, Abstract No. 18, City of The Colony, Denton County, Texas, and being a
portion of that certain 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 3.9506% undivided interest, University Business Park Phase I, Ltd., a
Texas limited partnership, 1.9743% undivided interest, and UBP Venture, Ltd., a Texas limited
partnership, a 0.0012% undivided interest, by deed recorded under Document No. 2013-49237,
Official Public Records, Denton County, Texas, and being more particularly described as
follows:
COMMENCING at a point for the most northerly Northwest corner of Lot 1, Block C, Parks of
Austin Ranch Addition, an addition to the City of The Colony, Denton County, Texas, according
to the plat thereof recorded under Document No. 2013-328, said Official Public Records, same
being in the South right-of-way line of Windhaven Parkway (variable width right-of-way)
(Cabinet U, Page 876);
THENCE through the interior of said Trammell tract and along the West lines of Lot 1 as
follows:
South 37 deg. 55 min. 35 sec. West, a distance of 356.13 feet to a point for the beginning of a
non-tangent curve to the left, having a radius of 623.00 feet and a central angle of 17 deg. 32
min. 05 sec.;
Along said non-tangent curve to the left an arc distance of 190.66 feet and a chord bearing and
distance of North 81 deg. 16 min. 43 sec. West, 189.92 feet to a point;
West, a distance of 30.00 feet to a point, same being the most westerly Northwest corner of said
Lot 1;
South, a distance of 144.47 feet to a point, same being the Southwest corner of said Lot 1, same
being in the North right-of-way line of Painted Lake Circle (60 foot right-of-way),
Development Agreement
City of The Colony—Billingsley Development Corporation Page 14 of 17
THENCE through the interior of said Trammell tract and along said Painted Lake Circle as
follows:
South 84 deg. 59 min. 23 sec. West, a distance of 22.81 feet to a point;
South 06 deg. 22 min. 24 sec. East, a distance of 60.00 feet to the POINT OF BEGINNING,
same being in the North line of the herein described tract, same being the most westerly
Southwest corner of said Painted Lake Circle, same being the beginning of a non-tangent curve
to the right, having a radius of 419.50 feet and a central angle of 23 deg. 50 min. 08 sec.;
Along said non-tangent curve to the right, an arc distance of 174.52 feet and a chord bearing and
distance of South 84 deg. 27 min. 20 sec. East, 173.26 feet to a point for the Northeast corner of
the herein described tract, same being the Northwest corner of Lot 2, Block C, aforesaid Parks of
Austin Ranch;
THENCE South 17 deg. 31 min. 39 sec. West, through the interior of said Trammell tract and
said West line of said Lot 2, a distance of 128.50 feet to a point for the most easterly Southeast
corner of the herein described tract, same being the Southwest corner of said Lot 2, same being
the beginning of a non-tangent curve to the left, having a radius of 291.00 feet and a central
angle of 34 deg. 44 min. 59 sec.;
THENCE through the interior of said Trammell tract as follows:
Along said non-tangent curve to the left, an arc distance of 176.49 feet and a chord bearing and
distance of North 89 deg. 56 min. 29 sec. West, 173.80 feet to a point for internal corner;
South 665.27 feet to a point for corner;
South 60 deg. 00 min. 00 sec. West, a distance of 149.98 feet to a point for the most southerly
corner of the herein described tract;
North 30 deg. 00 min. 00 sec. West, a distance of 317.84 feet to a point for the beginning of a
curve to right right, having a radius of 419.50 feet and a central angle of 110 deg. 07 min. 42
sec.;
Along said curve to the right, an arc distance of 806.32 feet and a chord bearing and distance of
North 28 deg. 33 min. 45 sec. East, 687.81 feet to the PONT OF BEGINNING and containing
5.50 acres of computed land, more or less.
Development Agreement
City of The Colony—Billingsley Development Corporation Page 15 of 17
nb
g
snavTswa
1 L
OQ ---------, ------- rL,�IrR1x. ( COMM If Rx10Nr
"3 .REAS al.,r hes O N.33,UM.fes Mita maim.,PM 14 M lar LIM a
yl� �RIN1d RMIMT - \ 4 HIr s®r�w� r.�•auu M1wdt1
r iiiiiiP1. ot A rKaar IuaYw toles YN 4441 a iw
1 \
, TIM_. ,
-I7N •
LIM
LOT B LOCK D R 'a$1RTl6"- A47 AL7EE 35ra ``\ \ Cow.r/ N91N101cet a MFS rwse4 MOA aMnn a.eYllr.,m IM r lh Ge.tor
tool F....w a,
• N rt - ^rely p _ o-rsv lamest Cdr w.r o.....1 w Smxna rTo�nai kVA r..els Ftotu
\\F yn dpM-el-wr IM N Nn0.bar r (gW..ab ftRl.r a RW rn).row
-_ eas.e xmamd mNw d u.n'. dawr.i e.t
k 'Y1lL'R"- \ .. illtie Al TEIRE m sN w nIM4a r,M Wow.Maw Mee.WW a.et La 1 a talon
tcl ;!. sew SJ as 30M4.3swe,M„a mum en 3X13 Net le a rant ter op.,'r IN Iwo
.P _-- t•TY
a •� i r\ LOCATION MAP auW Ml�wtd.ua.iN„017 I.32.i.mIr,.mwwt iwrgowaed�' G9 �''s:',•„/,'/./
y/ �\ \. M.Mwam,- ew Ir en w...a'1RR Nr.w at.tl..Mti y r �W / `\ 114Mr r xeru H N mw N s Y,isAi Mt b.e.nl Nr eq.pnE
• 1 P� D. D /.f . . ` wd,..,Y.a mei N+m a root a eM,n10<am.,m.,wy aw.lad.+.110
it.7a AM o.ITYpC :v 4,\\f1 \ r N IENIo 5..101.4 of
14444.00hlANN b a rm N MOO rm aom YN w S.1mY ea.of,M
\ . Pl. Nwi KM.COM....T1od Lot 1,mow Mio F b.Nolo 0.01-ol..y M N Pd.W Ides Rao M We NAE-el-.ad
MOM 144 4.SI MM.COMM 40146
� N ,, ly ISL Il.-0Md 02.
on iTa o /� ti
MO NW Raon�m61 max.romaueaeb OM MAC M.9.11i efMs 31.etre 14,15 I..aw.:
1_41 iii m I.
f
sit
z 'I E st ti
m
Fs a � .I "
�f _ esti b _
ii w ill] J o €
Sti } iii _ 20 kN *I
#t!ill e , 3 i li ! 1 g g:' `ss
t nit F.11 C{ i!In5i i xE:s2ai1zz�
4•= i i ; • a ail rE �." .,„o m^ jff
fi 11.1 iii R € is} {( _ .x
iiiii I ,a # IRV! E 1 ( l lip F _
,k liii
= I
c = 1 i Iiii!R
1 i f IIiIiIiIi +; ; 3 I F t{ i f i 1
= a i { Pi Ii i i' :� r1,ii h
i ! a fEj21 ! 1 i 1 tiTi2ii iff =iiai1anf = !!2Iill11ibiJIU
i ii{i { ir 1 st ;2. 1111 l4i1fi III11 111 g ai 2 i
illS_i
A. fill
i high
pi a ,
ill i; i! i
l,il = 1_i = j, =
till �l ;, >i till
R g �{ I x i
i ,_ ¢I 1 jF t l a , y!E! I Alin : 1 i " .I e 1 1111 t
; ill! .1 i j ji IF! ilii j i I ,111,1F1 _ It's
l Lill
i Aj. i 1 sdf .e i s I i
{ -f g?2 .` isii l i f 31. r I sil l i 1231-2r r 111 i 1
2r ! P as .. a i s ^
l e 4{ij q ,r Pse tl� t I € 1.1 b 10;1 a isi s i
Q 1itll ek I i i Hi!! lk i e i JIM ll
e 1t is' , ,
!@� 35i}!=41.1,1.1.1t, q.! = pi it
! gl0;llj1`i,1 ifli�t•iiii i 1;ig i liii
wii. pi ilk, .= iji
R a=. Saf1 2` 1st§6`a1.� 1 III: a e i £ : a !
'Ail le ,_i{:11 'hili ti =
i€^ E{p it . 4 _
' erbp ?Eles! €aft -b , =1;ss .. =si. i ! 1€ak s ^ ' I
1 8g101-1411 21021€a1=t2 i 11 - dFe'; I — ii.' i 2 5 !!i%1 f 11.T; i 2
1 19 23af "!!e0 111 # '_4i 6 RIP; r
b
"ii1 �1I i_ F q:? §ifti l$�€gi � ti i FA 1@13 h.
Development Agreement
City of The Colony—Billingsley Development Corporation Page 17 of 17