HomeMy WebLinkAboutResolution No. 09-048
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CITY OF THE COLONY, TEXAS
RESOLUTION NO. 09-048
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF
THE ANNEXATION AGREEMENT BY AND BETWEEN WYNNWOOD
PENINSULA PARTNERS, L.P., AND/OR ITS AFFILIATES, AND THE
CITY OF THE COLONY, TEXAS, WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN AS ATTACHMENT "I";
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, Wynnwood Peninsula Partners, L.P., ("WPP") are the owners of the
property described by metes and bounds in Exhibit A and depicted in Exhibit B (the "Property")
to the Annexation Agreement for 40.29 acres, which is attached hereto and incorporated herein
as Attachment 1 (the "Agreement"); and
WHEREAS, all of the Property described in the Agreement is located in Denton County
and within the extraterritorial jurisdiction of the City of The Colony ("City"); and
WHEREAS, WPP desires for the Property to be annexed into and developed within the
corporate limits of the City under the terms and conditions provided in the Agreement; and
WHEREAS, the City desires to annex said Property under the terms and conditions of
the Agreement; and
WHEREAS, the City Council hereby approves the terms and conditions of the
Annexation Agreement, which is attached hereto as Attachment 1, by and between the City and
the WPP, and authorizes the Mayor to execute such Agreement on behalf of the City of The
Colony.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS THAT:
Section 1. The City Council hereby approves the terms and conditions of the Annexation
Agreement, which is attached hereto and incorporated herein as Attachment 1, by and between
Wynnwood Peninsula Partners, L.P., and/or its affiliates, and the City of The Colony, Texas and
hereby authorizes the Mayor to execute the same.
Section 2. This Resolution shall become effective immediately from and after its
passage, as the law and charter in such cases provides.
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PASSED, APPROVED and EFFECTIVE this 6th day of July, 2009.
G
e McCou , Mayor
City of T Colony, Texas
ATTE T:
Christie Wilson, City Secretary,'= S
City of The Colony, Texas °
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P S~ . ,.sue T
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APPRQIMP AS TO FORM: € ;::ry
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ttorney
Robert E. Hager, CK-Kxas
City of The Colony,
ANNEXATION AGREEMENT
This Annexation Agreement (this "Agreement") is executed between Wynnwood
Peninsula Partners, L.P. (the "Owner") and the City of The Colony, Texas (the "City") to be
effective July 6, 2009 (the "Effective Date").
ARTICLE I
RECITALS
WHEREAS, the City is a home rule municipality of the State of Texas; and
WHEREAS, the Owner is a Texas limited partnership; and
WHEREAS, the Owner and the City are sometimes individually referred to as a "Party" and
collectively as the "Parties"; and
WHEREAS, the Owner is the owner of the real property located in Denton County and described
by metes and bounds on Exhibit A and depicted on Exhibit B (the "Property"); and
WHEREAS, at the time of the Parties' execution of this Agreement, all of the Property is located
within the City's extraterritorial jurisdiction ("ETJ") and not within the corporate limits or ETJ
of any other municipality; and
WHEREAS, the Parties intend for the Property to be annexed into and developed within the
corporate limits of the City in accordance with this Agreement, which annexation may occur
immediately after the Parties execute this Agreement; and
WHEREAS, the Parties intend that, pursuant to Section 212.172 of the Texas Local Government
Code, the Property shall be developed in accordance with this Agreement; and
WHEREAS, the Parties have the authority to enter into this Agreement pursuant to Section
212.171 et seq. of the Texas Local Government Code and pursuant to the City's general
contracting authority.
NOW THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in
this Agreement, and for other good and valuable consideration the receipt and adequacy of which
are acknowledged and agreed to by the Parties, the Parties agree as follows:
ARTICLE II
GOVERNING REGULATIONS
2.1 Governing Regulations. Development of the Property shall be governed by the
following zoning, subdivision and building code regulations (collectively, the "Governing
Regulations"):
(a) the City's comprehensive zoning ordinance in effect on the Effective Date
(the "Zoning Ordinances");
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(b) City Ordinance No. 99-1132 in effect on the Effective Date (the
"Subdivision Regulations");
(c) the development regulations set forth in City Ordinance No. 09-1802,
including any amendment thereto to include the Property in the legal description of the
property governed by such ordinance (the "Development Regulations"). No other
amendments to City Ordinance No. 09-1802 shall apply to the Property unless otherwise
agreed to by the Owner in writing; and
(d) the following building codes adopted by the City, including local
amendments thereto, as well as any future amendments to such codes adopted by the City
from time to time (the "Building Codes"):
• 2006 International Building Code;
• 2006 International Mechanical Code;
• 2006 International Plumbing Code;
• 2006 International Residential Code;
• 2006 International Fuel Gas Code;
• 2006 International Fire Code;
• 2006 International Energy Conservation Code; and
• 2008 National Electrical Code.
No other zoning ordinances or regulations of any kind apply to the development of the Property
unless otherwise agreed to by the Owner in writing.
2.2 Conflicts. The Development Regulations shall control in the event of a conflict
with the Zoning Ordinance, Subdivision Regulations, or the Building Codes.
2.3 Development Regulations. The Development Regulations represent the Owner's
desired zoning regulations for the Property. The Development Regulations shall apply to the use
and development of the Property regardless of whether City Ordinance No. 09-1802 is amended
to include the Property after the Property is annexed into the City's corporate limits.
2.4 Compliance with State and Federal Law. Notwithstanding anything to the
contrary in this Agreement, development of the Property shall also be subject to ordinances that
the City is required to adopt, from time to time, by state or federal law; provided, however, if
such state or federal laws allow the City to grant exemptions to such laws for which the Property
qualifies, then the Property shall be exempt from such laws, and the City shall take all action
necessary to evidence such exemptions. Notwithstanding the foregoing, however, nothing in this
section constitutes a waiver of the Owner's right to claim that a City ordinance required by state
or federal law: (A) does not apply to the Property based on the "vested rights" of Owner, whether
such rights arise under Chapter 43, as amended, or Chapter 245, as amended, Texas Local
Government Code; (B) does not apply to the Property based on any other legal or equitable
theory, whether based on existing or future common-law or state or federal statutes; or (C)
constitutes an illegal exaction or a "taking" without compensation.
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ARTICLE III
ZONING AND DEVELOPMENT OF THE PROPERTY
Development and use of the Property shall be in accordance with the Governing Regulations.
The City agrees to consider amending City Ordinance No. 09-1802 to include the Property after
the Property is annexed into the City's corporate limits. Notwithstanding the foregoing, nothing
in this Agreement shall be interpreted to require the City to approve zoning of the Property. The
Property may be developed in accordance with the terms of this Agreement notwithstanding any
contrary zoning of the Property.
ARTICLE IV
JURISDICTIONAL STATUS
4.1 Full-Purpose Annexation. Upon full execution of this Agreement, the Owner
consents to the City's full-purpose annexation of the Property into the City's corporate limits,
which consent shall be irrevocable. The City shall have the right, but not the obligation, to full
purpose annex the Property. THE OWNER AND ALL FUTURE OWNERS OF THE
PROPERTY (INCLUDING END-BUYERS AS DEFINED HEREIN), AND DEVELOPERS
IRREVOCABLY AND UNCONDITIONALLY CONSENT TO THE FULL PURPOSE
ANNEXATION OF THE PROPERTY INTO THE CORPORATE LIMITS OF THE CITY IN
ACCORDANCE WITH THIS AGREEMENT AND WAIVE ALL OBJECTIONS AND
PROTESTS TO SUCH ANNEXATION. THIS AGREEMENT SHALL SERVE AS THE
PETITION OF THE OWNER AND ALL FUTURE OWNERS AND DEVELOPERS TO THE
FULL PURPOSE ANNEXATION OF THE PROPERTY TO THE CITY'S ANNEXATION OF
THE PROPERTY IN ACCORDANCE WITH THIS AGREEMENT. THIS COVENANT
SHALL RUN WITH THE LAND AND SHALL BE BINDING ON ALL PRESENT AND
FUTURE OWNERS, AND DEVELOPERS.
4.2 Effect of Full-Purpose Annexation. Development of the Property after full-
purpose annexation into the corporate limits of the City shall be in accordance with the
Governing Regulations for the Term (hereinafter defined).
ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall be 15 years after the Effective Date (the "Term"), unless
extended or shortened by mutual written agreement.
ARTICLE VI
EVENTS OF DEFAULT; REMEDIES
6.1 Events of Default. No Party shall be in default under this Agreement until notice
of the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on the nature
of the alleged failure, but in no event less than 30 days after written notice of the alleged failure
has been given). In addition, no Party shall be in default under this Agreement if, within the
applicable cure period, the Party to whom the notice was given begins performance and
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thereafter diligently and continuously pursues performance until the alleged failure has been
cured.
6.2 Remedies. If a Party is in default, the aggrieved Party may, at its option and
without prejudice to any other right or remedy under this Agreement, seek any relief available at
law or in equity, including, but not limited to, an action under the Uniform Declaratory Judgment
Act, specific performance, mandamus, and injunctive relief. Notwithstanding the foregoing,
however, no default under this Agreement shall:
(a) entitle the aggrieved Party to terminate this Agreement; or
(b) entitle the aggrieved Party to seek or recover monetary damages of any
kind; or
(c) limit the Term of this Agreement.
6.3 Governmental Powers; Waivers of Immunity. By its execution of this
Agreement, the City does not waive or surrender any of its governmental powers, immunities.
Nothing in this Agreement is intended to delegate or impair the performance by the City of its
governmental functions.
ARTICLE VII
ASSIGNMENT AND ENCUMBRANCE
7.1 Assignment by the Owner to Successor Owners. The Owner has the right (from
time to time without the consent of the City, but upon written notice to the City) to assign this
Agreement, in whole or in part, and including any obligation, right, title, or interest of the Owner
under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of
any portion of the Property or that is an entity that is controlled by or under common control with
the Owner. Each assignment shall be in writing executed by the Owner and the Assignee and
shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies
or relates to the obligations, rights, title, or interests being assigned. A copy of each assignment
shall be provided to all Parties within 15 days after execution. From and after such assignment,
the City agrees to look solely to the Assignee for the performance of all obligations assigned to
the Assignee and agrees that the Owner shall be released from subsequently performing the
assigned obligations and from any liability that results from the Assignee's failure to perform the
assigned obligations; provided, however, if a copy of the assignment is not received by the City
within 15 days after execution, the Owner shall not be released until the City receives such
assignment. No assignment by the Owner shall release the Owner from any liability that resulted
from an act or omission by the Owner that occurred prior to the effective date of the assignment
unless the City approves the release in writing. The Owner shall maintain written records of all
assignments made by the Owner to Assignees, including a copy of each executed assignment and
the Assignee's Notice information as required by this Agreement, and, upon written request from
any Party or Assignee, shall provide a copy of such records to the requesting person or entity.
7.2 Assignment by the CitX. The City shall not assign this Agreement.
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7.3 Assignees as Parties. An Assignee shall be considered a "Party" for the purposes
of this Agreement.
ARTICLE VIII
RECORDATION, RELEASES, AND ESTOPPEL CERTIFICATES
8.1 Bindingg Obligations. Pursuant to the requirements of Section 212.172(c)(4) of
the Texas Local Government Code, this Agreement and all amendments hereto shall be recorded
in the deed records of the county in which the Property is located. This Agreement, when
recorded, shall be binding upon the Parties and their successors and assigns permitted by this
Agreement and upon the Property; however, this Agreement shall not be binding upon, and shall
not constitute any encumbrance to title as to, any end-buyer of an improved lot that is the subject
of a recorded final plat (an "End-Buy") except for land use and development regulations that
apply to specific lots.
8.2 Estoppel Certificates. From time to time upon written request of the Owner, the
City shall execute a written estoppel certificate identifying any obligations of the Parties under
this Agreement that are in default or, with the giving of notice or passage of time, would be in
default; and stating, to the extent true, that to the best knowledge and belief of the City, the
Parties are in compliance with their duties and obligations under this Agreement.
ARTICLE IX
ADDITIONAL PROVISIONS
9.1 Recitals. The recitals contained in this Agreement: (a) are true and correct as of
the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; (c) are legislative findings of the City Council, and (d) reflect the final intent of the
Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to
interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals,
shall be taken into consideration and, to the maximum extent possible, given full effect. The
Parties have relied upon the recitals as part of the consideration for entering into this Agreement
and, but for the intent of the Parties reflected by the recitals, would not have entered into this
Agreement.
9.2 Notices. All notices required or contemplated by this Agreement (or otherwise
given in connection with this Agreement) (a "Notice") shall be in writing, shall be signed by or
on behalf of the Party giving the Notice, and shall be effective as follows: (a) on or after the l Otn
business day after being deposited with the United States mail service, Certified Mail, Return
Receipt Requested; (b) on the day delivered by a private delivery or private messenger service
(such as FedEx or UPS) as evidenced by a receipt signed by any person at the delivery address
(whether or not such person is the person to whom the Notice is addressed); or (c) otherwise on
the day actually received by the person to whom the Notice is addressed, including, but not
limited to, delivery in person and delivery by regular mail or by E-mail. Notices given pursuant
to this section shall be addressed as follows:
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To the City: City Manager
Attn: Dale Cheatham
City of The Colony
6800 Main Street
The Colony, Texas 75056
E-mail: cm@thecolonytx.gov
With a copy to: City Attorney
Attn: Robert E. Hager
1800 Lincoln Plaza
500 N. Akard Street
Dallas, Texas 75201
E-mail: rhager@njdhs.com
To Owner: Attn: Kristian T. Teleki
1660 S. Stemmons Freeway, Suite 100
Lewisville, Texas 75067
E-mail: kteleki@matthewssouthwest.com
With a copy to: Attn: Misty Ventura
K&L Gates
1717 Main Street, Suite 2800
Fort Worth, Texas 75201
E-mail: misty.ventura@klgates.com
9.3 Permit. This Agreement constitutes a "permit" within the meaning of Chapter
245, Texas Local Government Code, as amended. Notwithstanding the foregoing, the Owner
waives any rights it may have to claim vested rights with respect to the application of the
Building Codes to the Property.
9.4 Interpretation. The Parties acknowledge that each of them has been actively
involved in negotiating this Agreement. Accordingly, the rule of construction that any
ambiguities are to be resolved against the drafting Party will not apply to interpreting this
Agreement. In the event of any dispute over the meaning or application of any provision of this
Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for
or against any Party, regardless of which Party originally drafted the provision.
9.5 Authority and Enforceability. The City represents and warrants that this
Agreement has been duly adopted by official action of the City Council in accordance with all
applicable public notice requirements (including, but not limited to, notices required by the
Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the
City has been duly authorized to do so. The Owner represents and warrants that this Agreement
has been approved by appropriate action of the Owner, that the individual executing this
Agreement on behalf of the Owner has been duly authorized to do so.
9.6 Entire Agreement; Severability. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or written, covering the
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subject matter of this Agreement. This Agreement shall not be modified or amended except in
writing signed by the Parties. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then (a) such unenforceable provision
shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent
possible, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) and
the remainder of this Agreement shall remain in full force and effect and shall be interpreted to
give effect to the intent of the Parties. Without limiting the generality of the foregoing, (a) if it
is determined that, as of the Effective Date, the Owner does not own any portion of the Property,
this Agreement shall remain in full force and effect with respect to all of the Property that the
Owner does then own, and (b) if it is determined, on or after the Effective Date, that any portion
of the Property is not within the City's ETJ, this Agreement shall remain in full force and effect
with respect to all of the Property that is then within the City's ETJ.
9.7 Applicable Law, Venue. This Agreement is entered into under and pursuant to,
and is to be construed and enforceable in accordance with, the laws of the State of Texas, and all
obligations of the Parties are performable in Denton County. Venue for any action to enforce or
construe this Agreement shall be in the state courts of appropriate jurisdiction of Denton County.
9.8 Non Waiver. Any failure by a Party to insist upon strict performance by another
Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the
Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall
be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
9.9 No Third Party Beneficiaries. This Agreement only inures to the benefit of, and
may only be enforced by, the Parties. An End-Buyer shall be considered a third-party
beneficiary of this Agreement, but only for the limited purposes for which an End-Buyer is
bound by this Agreement. No other person or entity shall have any right, title, or interest under
this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement.
9.10 Force Majeure. Each Party shall use good faith, due diligence and reasonable
care in the performance of its respective obligations under this Agreement, and time shall be of
the essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended. Within three business days after the occurrence of a force
majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to
all the Parties, including a detailed explanation of the force majeure and a description of the
action that will be taken to remedy the force majeure and resume full performance at the earliest
possible time. The term "force majeure" shall include events or circumstances that are not
within the reasonable control of the Party whose performance is suspended and that could not
have been avoided by such Party with the exercise of good faith, due diligence and reasonable
care.
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9.11 Counters. 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.
9.12 Further Documents. Each Party shall, upon request of the other Party, execute
and deliver such further documents and perform such further acts as may reasonably be
requested to effectuate the terms of this Agreement and achieve the intent of the Parties.
9.13 Conflicts. In the event of any conflict between this Agreement and any other
ordinance, rule, regulation, standard, policy, order, guideline, or other City-adopted or City-
enforced requirement, whether existing on the Effective Date or hereafter adopted, this
Agreement shall control.
9.14 Exhibits. The following Exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description of the Property
Exhibit B Depiction of the Property
[SIGNATURE PAGES TO FOLLOW]
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Executed by the Owner and the City to be effective on the Effective Date.
Date: July 6, 2009 CITY OF THE COLONY, TEXAS
J MCC U Y, MAYOR
ATTEST:
CI SECRETARYb+
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APP 7 D A TO FORM: e
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Z!TTY ATTO
STATE OF TEXAS §
COUNTY OF- fZ §
Thnt ws acknowledged before me on the 6th day of July, 2009 by
of the City of The Colony, Texas, on behalf of said city.
Notary Pu ic, State of Texas
O~pRY P~rrii i
ANGELA KELLY
s , hz notaryPublic, State of'fu" s
+P' My Commission Ea0009-08-10 's
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1
THE OWNER:
Wynnwood Peninsula Partners, L.P.,
a Texas limited partnership
By: Wynnwood Peninsula Partners GP, LLC,
a Texas limited liability company
By: Matthews Holdings Southwest Inc.,
a Texas corporation, Sole Member and Manager
By:~ L/,-
Kristian T. Teleki
Senior Vice President
STATE OF TEXAS §
COUNTY OF ` e A,-, §
This instrument was acknowledged before me on the day of July, 2009 by Kristian
T. Teleki, the Senior Vice President of Matthews Holdings Southwest Inc., the Sole Member and
Manager of Wynnwood Peninsula Partners GP, LLC, the general partner of Wynnwood
Peninsula Partners, L.P., on behalf of said partnership.
Notary Pu lic, State of Texas
EtUZ'll kvnuLT °a i io 31,
S381dX3 NOISSINN00 AN
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NOsisaw 1Vd
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EXHIBIT A
Metes and Bounds Description of the Property
LEGAL DESCRIPTION - 40.29 ACRES
BEING a parcel of land located in Denton County, Texas, a part of the B.B.B. & C.R.R.
Survey, Abstract 179, and being a part of that tract of land conveyed to Wynnwood
Peninsula Partners, L.P. recorded in Document No. 2008-5640, Deed Records Denton
County, and being further dt=nWd as follows:
BEGINNING at a Corp of Engineer monument found for the southwest corner of that
tract of land conveyed to Wynnwood Peninsula Partners, L.P. as recorded in Document
No. 2008-5640, Deed Records Denton County, said point being in the east line of the
Garza-Little Elm Dam and Reservoir (Lake Lewisville);
THENCE along the northwesterly boundary line of said Wynnwood tract of land and the
boundary line of said Garza-Little Elm Dam and Reservoir, (Lake Lewisville) as follows.
North 45 degrees 22 minutes 05 seconds East, 575.78 feet to a Corp of
Engineer monument found for corner;
South 66 degrees 13 minutes 05 seconds East, 550.42 feet to a Corp of
Engineer monument found for corner,
North 55 degrees 31 minutes 30 seconds East, 1063.30 feet to a four inch pipe
post found for comer,
South 53 degrees 20 minutes 23 seconds East, 99.10 feet to a four inch pipe
post found for comer;
North 58 degrees 49 minutes 33 seconds East, 39.21 feet to a four inch pipe
post found for comer,
North 09 degrees 43 minutes 33 seconds West, 105.85 feet to a four inch pipe
post found for comer;
North 55 degrees 34 minutes 45 seconds East, 532.40 feet to a four inch pipe
post found for comer;
South 68 degrees 39 minutes 45 seconds East, 111.43 feet to a four inch pipe
post found foreomer;
North 06 degrees 45 minutes 37 seconds East, 122.83 feet to a four inch pipe
post found for comer;
North 55 degrees 32 minutes 07 seconds East, 542.48 feet to a Corp of
Engineer monument found for comer;
North 31 degrees 56 minutes 09 seconds West, 949.10 feet to a Corp of
Engineer monument found for cornet;
South 78 degrees 20 minutes 38 seconds East, 400.38 feet to a Corp of
Engineer monument found for corner;
South 52 degrees 10 minutes 02 seconds East, 727.85 feet to a four inch pipe
post found for comer;
South 24 degrees 02 minutes 41 seconds West. 30.84 feet to a four inch pipe
post found for comer,
South 15 degrees 40 minutes 20 seconds East, 51.56 feet to a four inch pipe
post found for comer;
South 56 degrees 34 minutes 06 seconds East, 24.94 feet to a four inch pipe
post found for comer,
Exhibit A - Page 1
DA-3026716 0 1287522-00010
North 57 degrees 44 minutes 36 seconds East, 62.09 feet to a four inch pipe
post found for comer,
South 52 degrees 13 minutes 08 seconds East, 775.93 feet to a Corp of
Engineer monument found for comer;
North 14 degrees 14 minutes 56 seconds East, 93.27 feet to a point for corner;
THENCE South 00 degrees 02 minutes 08 seconds West, 370.33 feet to a point for corner
in the south tine of said Wynnwood tract, said point being in the north line of a tract of
land described as Tract 2 conveyed to Wynnwood Peninsula Partners, L.P. as recorded in
Document No. 2007-146787, Deed Records Denton County;
THENCE along the south line of said Wynnwood Tract and the north line of said Tract 2
as follows:
South 72 degrees 49 minutes I 1 seconds West, 118.05 feet to a seven-eights
inch iron rod found for corner,
North 41 degrees 15 minutes 03 seconds West, 627.56 feet to a seven-eights
inch iron rod found for comer;
South 52 degrees 21 minutes 59 seconds West, 962.29 feet to a seven-eights
inch iron rod found for comer;
South 66 degrees 43 minutes 39 seconds West, 2028.02 feet to a seven-eights
inch iron rod found for corner;
North 89 degrees 45 minutes 28 seconds West, 56278 feet to a seven-eights
inch iron rod found for corner;
South 36 degrees 5 I minutes 46 seconds West, 64.84 feet to a point for comer
in the north line of Boyd Road (a prescriptive use tight-of-way);
THENCE South 89 degrees 35 minutes 43 seconds West, 312.09 feet along the north tine
of Boyd Road to the POINT OF BEGINNING and containing 1,754,917 square feet or
40.29 acres of land.
This document was prepared under 22 TAC §563.21, does not reflect the results of an on
the ground survey, and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
Dail B. Ramse L.S. No. 4172 DAM B t~ttty
lie ae•ese~ex •r••eee
June 13,
4972
Exhibit A - Page 2
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EXHIBIT B
Depiction of the Property
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Exhibit B
DA-3026716 Q 1287522-00010
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
70 2009 00088057
Instrument Number: 2009-88057
As
Recorded On: July 20, 2009 Resolution
Parties: CITY OF THE COLONY TEXAS Billable Pages: 16
To Number of Pages: 16
Comment:
( Parties listed above are for Clerks reference only )
Examined and Charged as Follows:
Resolution 71.00
Total Recording: 71.00
DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2009-88057
Receipt Number: 604974 CITY OF THE COLONY TEXAS
Recorded Date/Time: July 20, 2009 02:01:54P ATTN ANGIE KELLY
6800 MAIN ST
User / Station: D Fahrney - Cash Station 3 THE COLONY TX 75056
( ; THE STATE OF TEXAS)
C' I
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number sequence on the date/time
printed heron, and was duly RECORDED In the Official Records of Denton County, Texas.
County Clerk
Denton County, Texas