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HomeMy WebLinkAboutResolution No. 2010-011 CITY OF THE COLONY, TEXAS RESOLUTION NO. 2010-01 / A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT WITH WYNNWOOD PENINSULA VENTURE FOR PARK IMPROVEMENTS AT THE TRIBUTE TO SATISFY PARK DEDICATION ORDINANCE REQUIREMENTS FOR THE DEVELOPMENT, WHICH IS INCORPORATED HEREIN AND ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of The Colony wishes to enter into a Development Agreement with Wynnwood Peninsula Venture for park improvements at the Tribute to satisfy park dedication ordinance requirements for the development, which is incorporated herein and attached hereto as Exhibit "A"; and WHEREAS, the City Council has determined it to be in the best interest of the City to enter into this agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, THAT: Section 1. The City Council of the City of The Colony, Texas hereby approves the Development Agreement with Wynnwood Peninsula Venture for park improvements at the Tribute to satisfy park dedication ordinance requirements for the development, which is incorporated herein and attached hereto as Exhibit "A". Section 2. The city manager is authorized to execute the Agreement on behalf of the City. Section 3. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of he Colony, Texas, this 16"' day of February, 2010. G J e McCourr , Mayor City of The olony, Texas TT T: ~ n . Christie Wilson, TRW, City Secretary AP 7ED AS TO FORM: eff Mity Attorney u DEVELOPER'S AGREEMENT BETWEEN CITY OF THE COLONY AND WYNNWOOD PENINSULA VENTURE, A TEXAS PARTNERSHIP RECITALS WHEREAS, this Developer's Agreement ("Agreement") is made and entered into by and between the City of The Colony, a home rule city and political subdivision of the State of Texas, organized pursuant to Article XI, Section 5 of the TEXAS CONSTITUTION (the "City"), and Wynnwood Peninsula Venture, a Texas partnership (the "Developer"); and WHEREAS, the Developer owns tracts of Land on what is commonly known as "Tribute" and comprised in part of approximately 388.636 acres as more particularly described in Exhibit "1" (the "Property") and located in the City limits of the City; and WHEREAS, the Developer intends residential and mixed use development within the Tribute; and WHEREAS, under the City's Park Dedication Ordinance, the Developer must dedicate land or, alternatively, make a payment in lieu of a land conveyance, or a combination of the two to meet the recreational needs of its residential development; and WHEREAS, the Developer is desirous of developing trails and trail amenities (the "Improvements") on the Property to be constructed in Phases and, in connection therewith, the Developer has made certain requests of the City; and WHEREAS, the City finds that the Improvements will enhance the City's recreational facilities, and provide a benefit to the City's residents; and WHEREAS, the Developer has completed construction of a portion of the Improvements as depicted on the City's Trail Master Plan in connection with development of Phase I of the two phases of development planned for the property described in Exhibit 1; and WHEREAS, the City is desirous of ensuring the expeditious development of the Improvements on the Property in conformity with City standards and agrees and states as follows: (a) The City, located in Denton County, Texas, is a home rule municipality possessing the full power of local self-government as provided by Article XI, Section 5 of the TEXAS CONSTITUTION, Section 51.072 of the TEXAS LOCAL GOVERNMENT CODE and its home rule charter. (b) The City is authorized to enter into this Agreement and perform the transactions contemplated hereby and to carry out its obligations under this Agreement. Developer's Agreement - Page I TM 41711 (c) The City executes this Agreement and has duly been authorized to execute and deliver this Agreement; NOW THEREFORE, this Agreement provides that for and in consideration of the aforesaid premises and for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties, the Developer and the City agree as follows: Section 1 Definitions "City" shall mean the City of The Colony, Denton County, Texas. "Developer" shall mean Wynnwood Peninsula Venture. "HOA" shall mean the "Tribute Home Owner's Association. "Improvements" shall mean improvements within the Property to be dedicated to -the public, including, but not limited to, the construction of trails and site amenities as described in the Trail Cost Summary and conceptually depicted in the Tribute Trail Plan, which are attached hereto and incorporated herein as Exhibit 2. "Park dedication fee" shall mean the payment of money required in lieu of a conveyance of land under the Park Dedication Ordinance. "Parties" shall mean the City and the Developer. "Phase I Park Property" shall mean the 82,918 square feet of land for trails particularly described in Exhibit 3A-3H. "Phase II Park Property" shall mean the 135,000 square feet of land for trails that shall consist of. (1) a ten-foot wide trail approximately 8,070 linear feet long constructed of compact decomposed granite beginning at the northeastern-most corner of the "Stonehaven- Phase I" development and running along the east side of the Property to a point at the southeastern-most corner of "The Glen-Phase I" development, and then extending west to Lebanon Road; (2) a four-foot wide rubberized jogging trail and six-foot wide concrete biking trail bordering the northern side of "The Gardens-Phase I" development and extending north along the eastside of Lebanon Road and around the "Tillamore Meadows" development to a point ending at the northeastern-most corner of the "Stonehaven-Phase I" development; and a four-foot wide rubberized jogging trail and six-foot wide concrete biking trail extending south along the eastern side of Lebanon Road from its southernmost intersection with the "Balmerino" development to the intersection with the road leading to The Tribute Golf Course, and along the road to The Tribute Golf Course to the clubhouse. "Property" shall have the meaning given that term in the first recital, above. Developer's Agreement - Page 2 TM 41711 Section 2 General Requirements 2.1 Improvements Generally. Except as otherwise provided for herein, the construction of all Improvements within the Property to be conveyed or dedicated to the public, and the construction thereof shall be subject to routine review by the Park Development Manager, or his designee, to evaluate conformance with the construction plans and the City's published standards and specifications for like Improvements. However, such review and evaluation shall not relieve the Developer, its engineer or designee, of its obligations for the design, construction and, through the HOA, the maintenance of such Improvements as set out in this Agreement and other relevant ordinances heretofore enacted or adopted by the City. Any modification, review or evaluation by the Park Development Manager shall substantially conform to accepted engineering practices. Upon completion of construction of Improvements as required by this Agreement, the Developer shall deliver to the City a reproducible copy of record construction plans of the Improvements constructed or engineered by the Developer. 2.2 Required Plans and Specifications. The Developer's engineer shall develop detailed plans and specifications in conformity with the applicable ordinances and codes of the City for the construction of Improvements within the boundary of the Property as required by this Agreement, for approval by the City, such approval not to be unreasonably withheld, delayed or conditioned; however, nothing contained herein shall be construed as a waiver of any such regulations. 2.3 Permits and Other Fees. The City will retain all fees associated with building permits, construction inspections and facility impact, except as modified pursuant to this Agreement. 2.4 In connection with the residential development of the Property identified in Exhibit 1, Developer agrees to dedicate 208,000 square feet of land for trails and, in lieu of park dedication fees to provide all services necessary to construct or cause to be constructed the Improvements. Specifically, Developer agrees to dedicate by separate instrument the land particularly described in Exhibit 3A-3H for trails ("Phase I Park Property"), and to construct or ensure that existing Improvements on the Phase I Park Property conform to the City's construction and engineering standards. Developer further agrees to dedicate by plat and/or separate instrument an additional 135,000 square feet of land for trails ("Phase II Park Property"), and, in lieu of park dedication fees, to provide all services necessary to construct or cause to be constructed the Improvements on the Phase II Park Property, as generally described above in Section 1. Developer agrees to complete construction of the Improvements for Phase II Park Property within 365 days of approval of the final plat for the Property, unless otherwise agreed to in writing. 2.5 The City agrees to accept as part of the public infrastructure of the City the dedication of all such Improvements constructed or as may be constructed on the Property by the Developer in conformity with the codes, ordinances, and construction and engineering standards of the City. The City further acknowledges that the 208,000 square feet of land dedicated for trails plus the value of the Improvements identified in Exhibit "2" meets or exceeds Developer's obligations under Park Dedication Ordinance for the residential development of the Property. Developer's Agreement - Page 3 TM 41711 2.6 Developer's Responsibilities. The Developer shall provide the following: (i) Design of trails and trail amenities, including detailed plans and specifications; (ii) Construction of trails and trail amenities in accordance with design specifications; (iii)Maintenance of Improvements until acceptance by the City; (iv)Once accepted by the City, facilitation and assurance that HOA shall accept obligation to maintain Improvements; (v) Execution of the required dedication of rights-of-way by plat and/or separate instrument for filing in the Records of Denton County; and (vi)Payment for all costs of design and construction of trails and trail amenities provided for in this Agreement, regardless of whether the costs exceed the amounts identified in Exhibit "2." 2.7 Mutual Agreements. The City and the Developer mutually agree that acceptance of the Improvements by the City shall be in lieu of Park Dedication fees for the residential development identified in Exhibit 41 2.8 Licensed Design Professional. It is agreed and understood by the Parties that the Developer shall employ a civil engineer, or other appropriate design professional, licensed to practice in the State of Texas for the design and preparation of the plans and specifications for the construction of all Improvements on the Property. Unless otherwise specified herein, such plans and specifications shall be in accordance with the City's "Design Standards and Criteria" as in effect on the date of submission of such plans and specifications for approval by the City as hereinabove provided at Section 2.2. 2.9 Inspections and Orders. The Developer agrees to notify all of its contractors and subcontractors working on the construction of Improvements on the Property that all of their work is subject to inspection by a City Inspector at any time, and that such inspection may require a certification by the contractors and subcontractors of the type, kind, and quality of materials used on the particular Improvements project. The Parties agree that any contractor and any subcontractors engaged by or on behalf of the Developer for the construction of Improvements on the Property will cooperate with and abide by the orders of the Park Development Manager, the City's executive director of utilities, and the City's inspectors in constructing any such improvements within the Property. All of the Developer's books and records related to the construction of Improvements within the Property shall be available for inspection by the City upon reasonable advance written notice to the Developer. 2.10 Recommendations by Park Development Manager. Should any work or construction of Improvements on the Property which has not been contemplated in this Developer's Agreement - Page 4 TM 41711 Agreement become necessary, then the Developer shall be required to contact the Park Development Manager to obtain recommendations on the method and manner of such work or construction. The Developer further agrees to follow all reasonable recommendations of the Park Development Manager in such instance. 2.11 Non-Conforming Improvements. The Developer agrees to stop work and construction of Improvements on the Property upon notification from the City Inspector of non- conforming improvements, including non-conformity with City Standards of the materials used and/or the methods of installation. The Developer further agrees to correct all non-conformities in accordance with the City Inspector's reasonable instructions. 2.12 Existing Improvements. Both parties agree that the Improvements constructed by Developer on the land which Developer intends to dedicate to the City under this Agreement must comply with the City's "Design Standards and Criteria." Developer agrees that the City may inspect existing Improvements prior to its acceptance of the dedication, and require Developer to correct, at Developer's sole expense, any Improvement that does not conform to the City's construction and engineering standards. 2.13 Maintenance Bonds. Prior to acceptance of any Improvements in any subdivision within the Property the Developer shall present to the City a maintenance bond meeting the requirements of Chapter 2253 of the Texas Government Code guaranteeing and agreeing to pay any necessary maintenance for a period of two (2) years, but the penal sum of such maintenance bond shall not exceed an amount equal to 10 percent of the sum of the construction costs of all such accepted Improvements constructed by the Developer. 2.14 Affidavit of Paid Bills. After completion and prior to acceptance of all Improvements, the Developer must furnish to the City an affidavit setting forth the costs incurred for design and construction of the trails and trail amenities, and attest that all related invoices and bills are paid in full. Should the Developer fail to do so, the City will not accept the work. 2.15 Term. This Agreement shall commence and bind the Parties on the Effective Date and shall continue in effect until both Parties have satisfactorily fulfilled their obligations hereunder. 2.16 Termination / Recapture. (i) This Agreement expires on the Expiration Date and may prior to the Expiration Date, be terminated: (a) by mutual written agreement of the Parties; (b) by either Party, if the other Party defaults or breaches any of the terms or conditions of this Agreement and such default or breach is not cured within thirty (30) days after written notice thereof (provided, however, if the curing of such default or breach reasonably requires more than thirty (30) days, then the allegedly defaulting or breaching Party shall not be in default or breach if it commences a cure within such thirty (30) day period and thereafter diligently Developer's Agreement - Page 5 TM 41711 pursues same to completion within a reasonable period of time, not to exceed ninety (90) days); (c) by the City, if any taxes or assessments owed to the City or the State of Texas by the Developer shall have become delinquent and are not paid within thirty (30) days after written notice of delinquency (provided, however, the Developer retains the right to timely and properly protest and contest any such taxes or assessments); (d) by the City, if the Developer voluntarily files (or there is involuntarily filed against the Developer) a petition under any section of Title 11 of the United States Code, as amended, or under any similar law or statute of the United States or the State of Texas, and if such petition is involuntary, the proceedings in connection therewith are not discharged within ninety (90) days after commencement; or (e) by either Party if any subsequent legislation of the United States of America or the State of Texas, or any final unappealable decision of a court of competent jurisdiction declares or renders the material provisions of this Agreement invalid, illegal or unenforceable. (ii) In the event this Agreement is terminated by the City for a default of the Developer that is not timely cured, the Developer shall immediately refund to the City an amount equal to the sum of the Park Dedication Fees for the services which have not been completed as provided in Exhibit B as of the date of termination. 2.17 Remedies. In addition to the remedies or recapture provisions set forth herein, the Parties recognize that the most effective remedies for the obligations under this Agreement and the other agreements contemplated herein are for specific performance by each of the Parties; and the Parties agree to such remedies for a breach of this Agreement. However, prior to filing suit, the Parties agree to seek an amicable resolution of any disputes and, in order to avoid costly disputes, to abide by the following procedures: (i) Notify the other party in writing of an alleged breach of the Agreement and provide the other party 30 days to cure the alleged breach. (ii) If the alleged breach is not cured, the Parties shall conduct mediation with a mutually acceptable mediator with fees to be equally paid by the participating Parties. (iii) If mediation does not resolve the differences between the Parties, the Parties shall have the right to pursue the remedies permitted herein. (iv) If necessary, the Parties may pursue the remedies specified herein in the District Courts of Denton County. 2.18 Venue. Venue of any action brought hereunder shall be in Denton, Denton County, Texas. Developer's Agreement - Page 6 TM 41711 2.19 INDEMNIFICATION. (1) FOR PERIODS PRIOR TO THE ACCEPTANCE BY THE CITY OF IMPROVEMENTS CONSTRUCTED BY THE DEVELOPER PURSUANT TO THIS AGREEMENT, THE DEVELOPER COVENANTS AND AGREES TO HEREBY FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES, FROM ALL CLAIMS, SUITS OR CAUSES OF ACTION OF ANY NATURE WHATSOEVER, WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES TO PERSONS OR PROPERTY INCLUDING DEATH, RESULTING FROM OR IN ANY WAY CONNECTED WITH: (a) THE CONSTRUCTION OF THE IMPROVEMENTS DESCRIBED IN THIS AGREEMENT; OR (b) ANY FAILURE TO PROPERLY SAFEGUARD THE WORK, OR ON ACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR MISCONDUCT OF THE DEVELOPER, ITS CONTRACTORS, SUBCONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES, AND INCLUDING, BUT WITHOUT LIMITATION, ANY LOSSES, CLAIMS, ACTIONS, DAMAGES, LIABILITIES (WHETHER JOINT OR SEVERAL), AND EXPENSES ARISING OUT OF OR RESULTING FROM THE CONCURRENT (BUT NOT SOLE) NEGLIGENCE, STRICT LIABILITY OR VICARIOUS LIABILITY OF ANY SUCH INDEMNIFIED PARTY OR PARTIES, BUT THE DEVELOPER WILL NOT BE LIABLE TO ANY SUCH INDEMNIFIED PARTY OR PARTIES UNDER THE FOREGOING INDEMNIFICATION PROVISIONS TO THE EXTENT THAT ANY LOSS, CLAIM, DAMAGE, LIABILITY OR EXPENSE OTHERWISE SUBJECT TO INDEMNIFICATION HEREUNDER IS FINALLY JUDICIALLY DETERMINED BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED PRIMARILY FROM AN INDEMNIFIED PARTY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THE DEVELOPER FURTHER AGREES THAT IT WILL NOT, WITHOUT THE PRIOR WRITTEN CONSENT OF THE CITY, WHICH CONSENT WILL NOT BE UNREASONABLY WITHHELD, SETTLE OR COMPROMISE OR CONSENT TO THE ENTRY OF ANY JUDGMENT, OR ANY PENDING OR THREATENED CLAIM, ACTION, SUIT OR PROCEEDING IN RESPECT OF WHICH INDEMNIFICATION MAY BE SOUGHT HEREUNDER UNLESS SUCH SETTLEMENT, COMPROMISE OR CONSENT INCLUDES AN UNCONDITIONAL RELEASE OF EACH AFFECTED INDEMNIFIED PARTY FROM ALL LIABILITY ARISING OUT OF SUCH CLAIM, ACTION, SUIT OR PROCEEDING. (11) APPROVAL BY THE PARK DEVELOPMENT MANAGER OF ANY PLANS, DESIGNS OR SPECIFICATIONS SUBMITTED BY THE DEVELOPER PURSUANT TO THIS AGREEMENT SHALL NOT CONSTITUTE OR BE DEEMED TO BE RELEASE OF THE RESPONSIBILITY AND LIABILITY OF THE DEVELOPER, ITS ENGINEER, EMPLOYEES, OFFICERS OR AGENTS FOR THE ACCURACY AND COMPETENCY OF THEIR DESIGN AND SPECIFICATIONS PREPARED BY THE DEVELOPER'S CONSULTING ENGINEER, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, IT BEING THE INTENT OF THE PARTIES THAT THE APPROVAL BY THE PARK DEVELOPMENT MANAGER SIGNIFIES THE CITY'S APPROVAL ON ONLY THE GENERAL DESIGN CONCEPT OF THE IMPROVEMENTS TO BE Developer's Agreement - Page 7 TM 41711 CONSTRUCTED. FOR PERIODS PRIOR TO THE ACCEPTANCE BY THE CITY OF IMPROVEMENTS CONSTRUCTED BY THE DEVELOPER PURSUANT TO THIS AGREEMENT, AND FOR ONE YEAR THEREAFTER, THE DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM ANY LOSS, DAMAGE, LIABILITY OR EXPENSE ON ACCOUNT OF DAMAGE TO PROPERTY AND INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS WHICH MAY ARISE OUT OF ANY DEFECT, DEFICIENCY OR NEGLIGENCE OF THE DEVELOPER'S ENGINEER'S DESIGNS AND SPECIFICATIONS INCORPORATED INTO ANY IMPROVEMENTS CONSTRUCTED IN ACCORDANCE THEREWITH, AND THE DEVELOPER SHALL DEFEND AT ITS OWN EXPENSE ANY SUITS OR OTHER PROCEEDING BROUGHT AGAINST THE CITY, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES, OR ANY OF THEM, ON ACCOUNT THEREOF, TO PAY ALL EXPENSES AND SATISFY ALL JUDGMENTS WHICH MAY BE INCURRED OR RENDERED AGAINST THEM OR ANY OF THEM IN CONNECTION HEREWITH. 2.20 Assignment of Agreement. This Agreement or any part hereof or any interests herein, shall not be assigned by the Developer without the express written consent of the City Council, which shall not be unreasonably withheld, conditioned or delayed. 2.21 Entirety of Agreement. This Agreement, together with the exhibits or schedules attached hereto and/or referenced herein, represents the final agreement of the Parties after lengthy negotiation where the Parties were represented by legal counsel. This Agreement, together with the exhibits or schedules attached hereto and/or referenced herein, contains the entire understanding of the Parties with respect to the subject matter hereof, and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein or in such exhibits or schedules. This Agreement may only be modified, amended, supplemented or waived by written instrument executed by the Parties. 2.22 Notices. Any notices required to be sent pursuant to this Agreement shall be in writing and shall be deemed properly served (a) when delivered, if delivered by hand to the party to whose attention it is directed; (b) upon receipt, if mailed postage prepaid, by registered or certified United States mail, return receipt requested; or (c) upon receipt, if sent by private receipt courier guaranteeing next day delivery, delivery charge prepaid, addressed as follows: If to the Owner. Wynnwood Peninsula Venture, a Texas partnership c/o Matthews Southwest 1660 South Stemmons Freeway, Suite 100 Lewisville, TX 75067 Attn: Kristian T. Teleki With a copy to: Mr. John J. Stenger Hunton & Williams 1445 Ross Avenue Suite 3700 Dallas, TX 75202 Developer's Agreement - Pa ee88 TM 41711 If to the City: City of The Colony City Hall 6800 Main Street The Colony, TX 75056 Attn: Mr. Anthony Johnston City Manager With a copy to: City Attorney Brown & Hoffineister, L.L.P. 740 East Campbell Road, Suite 800 Richardson, Texas 75081 The address for notice may be changed by a written notice to the other Party. 2.23 Applicable Law. The law of the State of Texas shall apply to this Agreement. 2.24 Severability. In the event any provision of this Agreement is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable under present of future state or federal legislation, then, and in that event, it is the intention of the Parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the Parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid and enforceable and is as similar in terms as possible to the provisions found to be illegal, invalid or unenforceable. 2.25 Amendments and Waivers. Any provision of this Agreement may be amended or waived if such amendment or waiver is in writing and is signed by the City and the Developer. No course of dealing on the part of the Developer or the City, nor any failure or delay by the Developer or the City with respect to exercising any right, power or privilege of the Developer or the City under this Agreement shall operate as a waiver thereof. 2.26 Binding Agreements. This Agreement shall be binding on the heirs, executor, administrators, personal representatives, successors and assigns of Developer and the City. 2.27 Exhibits; Titles of Articles, Sections and Subsections. The exhibits referenced herein and attached to this Agreement are incorporated herein and shall be considered a part of this Agreement for all purposes. In the event of any conflict between any of the terms or provisions of this Agreement and any of the terms or provisions of any exhibits, the terms or provisions of the exhibits shall prevail. All titles or headings are only for the convenience of the Parties and shall not be construed to have any effect or meaning as to the Agreement between the Parties hereto. Any reference herein to a Section or Subsection shall be considered a reference to such Section or Subsection of this Agreement unless otherwise stated. Any reference herein to an exhibit shall be considered a reference to the applicable exhibit attached hereto unless otherwise stated. Developer's Agreement - Page 9 TM 41711 2.28 Approval by the Parties. Whenever this Agreement requires or permits action, approval or consent to be hereafter taken or given by any of the Parties, the Parties agree that such action, approval or consent shall not unreasonably withheld, conditioned or delayed. 2.29 Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the Parties may have by law, statute, ordinance, or otherwise. Nothing contained herein shall be construed to waive any immunities of the City except enforcement of the obligations provided herein. 2.30 Additional Actions. The Parties agree to take such actions, including the execution and delivery of such documents, instruments, petitions and certifications as may be reasonably necessary or appropriate, from time to time, to carry out the terms, provisions and intent of this Agreement and to aid and assist each other in carrying out said terms, provisions and intent. 2.31 Attorney Fees. Each party shall be responsible to pay its own legal fees incurred for all work related to the negotiation and drafting of this Agreement. 2.32 Exhibits. The following exhibits are incorporated into this Agreement for all purposes: Exhibit "1The metes and bounds description of the Property Exhibit "2": The Trail Cost Summary and Tribute Trail Plan; and Exhibit "3A-H": Legal description of land for Phase I Park Property SIGNED AND EFFECTIVE on the date last set forth below (the "Effective Date"). DEVELOPER: WYNNWOOD PENINSULA VENTURE a Texas partnership By: MSW Wynnwood Holdings, Ltd. a Texas Limited Liability Company By: MSW Wynnwood Holdings G.P., LLC a Texas limited liability company Its: General Partner ,O By: C.-- Kristian Teleki Senior Vice President Date: D 2 • 12 • /o Developer's Agreement - Page 10 TM 41711 ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DENTON § This 'nstrument was acknowledged before me on the ~~-rtt day of 2 , 2010, by, rS'~ r c rte. 7-i1e- ; of Wynnwood Peninsula Venture, a Texas partnership, on behalf of said partnership. MICHELLE L. HUNT Notary Public, State of Texas a s Notary Public, state of Texas n"c my commission Expires My Commission expires: 7J13 May 27, 2013 1 ; THE CITY OF THE COLONY City Manager 0 Date C ` Y 01 ATTEST: 9 Christie Wilson, TRMC, City Secretary zzzzrrx MTR(WED AS TO FORM: NY- Atto y Developer's Aereement - Paize 11 TM 41711 LEGAL DESCRIPTION TRIBUTE SF RESIDENTIAL AREA BEING a parcel of land located in the City of the Colony, Denton County, Texas, a part of the B.B.B. & C.R.R. Survey, Abstract No. 182, a part of the Samuel Payton Survey, Abstract No. 1009, a being a part of a 344.166 acre tract of land described as Tract 1 and a part of a 76.230 acre tract of land described as Tract 2 in a deed to Wynnwood Peninsula Venture recorded in Clerk's File Number 2006-43169, Real Property Records, Denton County, Texas, and being further described as follows: BEGINNING at the intersection of the centerline of Stonefield (a 60 foot wide right-of- way) with the northwest right-of-way of Lebanon Road (a 120 foot wide right-of-way); THENCE South 62 degrees 21 minutes 51 seconds East, 120.00 feet to a point for corner in the southeast right-of-way line of Lebanon Road; THENCE along the southeast right-of-way line of Lebanon Road as follows: Northeasterly, 316.72 feet along a curve to the right which has a central angle of 11 degrees 35 minutes 43 seconds, a radius of 1565.00 feet, a tangent of 158.90 feet, and whose chord bears North 33 degrees 26 minutes 01 seconds East, 316.17 feet to a 5/8 inch iron rod found for corner; North 39 degrees 13 minutes 52 seconds East, 200.00 feet to a 5/8 inch iron rod found for corner; Northeasterly, 653.26 feet along a curve to the left which has a central angle of 22 degrees 12 minutes 47 seconds, a radius of 1685.00 feet, a tangent of 330.78 feet, and whose chord bears North 28 degrees 07 minutes 29 seconds East, 649.18 feet to a 5/8 inch iron rod found for corner; North 17 degrees 01 minutes 05 seconds East, 224.48 feet to a 5/8 inch iron rod found for corner; Northeasterly, 1653.81 feet along a curve to the right which has a central angle of 60 degrees 32 minutes 50 seconds, a radius of 1565.00 feet, a tangent of 913.55 feet, and whose chord bears North 47 degrees 17 minutes 30 seconds East, 1577.93 feet to a 5/8 inch iron rod found for corner; North 88 degrees 52 minutes 33 seconds East, 318.12 feet to a one-half inch iron rod found at the northeast corner of said 344.166 acre tract of land, said point being the northwest corner of Tract G626 as described in a deed to the United States of America recorded in Volume 381, Page 423 of the Deed Records of Denton County, Texas, said point being in the take line of Garza-Little Elm Reservoir (Lewisville Lake); THENCE along the east line of said 344.166 acre tract of land and along the take line of said Garza-Little Elm Reservoir (Lewisville Lake) as follows: South 20 degrees 51 minutes 24 seconds East, 416.72 feet to Corp of Engineers Monument G626-6 found for corner; South 00 degrees 55 minutes 33 seconds East, 403.72 feet to Corp of Engineers Monument G626-5 found for corner; South 44 degrees 17 minutes 33 seconds West, 219.95 feet to Corp of Engineers Monument G626-4 found for corner; South 23 degrees 13 minutes 58 seconds East, 504.77 feet to Corp of Engineers Monument G626-3 found for corner; South 66 degrees 15 minutes 07 seconds East, 550.27 feet to Corp of Engineers Monument G626-2 found for corner; South 14 degrees 52 minutes 10 seconds West, 516.70 feet to Corp of Engineers Monument G626-1 found for corner; North 89 degrees 36 minutes 35 seconds East, 180.76 feet to Corp of Engineers Monument G627-1 found for corner; South 34 degrees 14 minutes 35 seconds East, 719.98 feet to Corp of Engineers Monument G627-2 found for corner; South 00 degrees 16 minutes 25 seconds East, 250.36 feet to Corp of Engineers Monument G627-3 found for corner; North 79 degrees 20 minutes 17 seconds West, 250.67 feet to Corp of Engineers Monument G626-4 found for corner; North 28 degrees 43 minutes 02 seconds West, 277.42 feet to 5/8 inch iron rod found for corner; North 02 degrees 25 minutes 23 seconds East, 98.26 feet to 5/8 inch iron rod found for corner; North 18 degrees 43 minutes 27 seconds West, 117.41 feet to Corp of Engineers Monument G627-4C found for corner; South 72 degrees 44 minutes 51 seconds West, 72.63 feet to Corp of Engineers Monument G627-41) found for corner; North 28 degrees 43 minutes 02 seconds West, 148.34 feet to Corp of Engineers Monument G627-5 found for corner; South 17 degrees 36 minutes 10 seconds West, 443.35 feet to Corp of Engineers Monument G627-6 found for corner; South 26 degrees 30 minutes 09 seconds East, 499.68 feet to Corp of Engineers Monument G627-7 found for corner; South 28 degrees 32 minutes 02 seconds West, 393.89 feet to Corp of Engineers Monument G628-2 found for corner; South 46 degrees 00 minutes 17 seconds West, 1038.81 feet to Corp of Engineers Monument G628-3 found for corner; South 12 degrees 48 minutes 30 seconds West, 196.63 feet to Corp of Engineers Monument G628-4 found for corner; North 89 degrees 54 minutes 30 seconds West, 375.97 feet to a 5/8 inch iron rod found for corner; North 45 degrees 15 minutes 56 seconds West, 148.52 feet to Corp of Engineers Monument G628-6 found for corner; South 07 degrees 37 minutes 10 seconds West, 109.33 feet to a one-half inch iron rod found for corner; South 41 degrees 02 minutes 33 seconds West, 342.56 feet to Corp of Engineers Monument G608-10 found for corner; South 14 degrees 28 minutes 37 seconds West, 199.68 feet to Corp of Engineers Monument G608-9 found for corner; North 84 degrees 47 minutes 05 seconds West, 199.79 feet to Corp of Engineers Monument G608-8 found for corner; South 18 degrees 44 minutes 21 seconds West, 230.29 feet to Corp of Engineers Monument G608-7 found for corner; North 32 degrees 32 minutes 59 seconds West, 559.14 feet to Corp of Engineers Monument G608-6 found for corner; North 55 degrees 13 minutes 42 seconds West, 119.89 feet to Corp of Engineers Monument G608-5 found for corner; South 02 degrees 52 minutes 07 seconds West, 50.81 feet to Corp of Engineers Monument G603-2-3 found for corner; North 70 degrees 15 minutes 50 seconds West, 300.21 feet to a 5/8 inch iron rod found for corner; South 19 degrees 45 minutes 48 seconds East, 850.05 feet to Corp of Engineers Monument G603-2-1 found at the northeast corner of Lot 2, Block A, The Tribute New Course, an addition to the City of the Colony as recorded in Cabinet Y, Page 59 of the Map Records of Denton County, Texas; THENCE along the north line of Lot 2, Block A, The Tribute New Course as follows: North 53 degrees 12 minutes 05 seconds West, 396.39 feet to a one-half inch iron rod found for corner; North 56 degrees 05 minutes 22 seconds West, 137.76 feet to a one-half inch iron rod found for corner; North 44 degrees 06 minutes 00 seconds West, 209.31 feet to a one-half inch iron rod found for corner; South 44 degrees 52 minutes 28 seconds West, 588.06 feet to a one-half inch iron rod found for corner; South 59 degrees 55 minutes 27 seconds West, 101.51 feet to a one-half inch iron rod found for corner; South 00 degrees 00 minutes 00 seconds West, 49.38 feet to a one-half inch iron rod found for corner; South 72 degrees 46 minutes 08 seconds East, 68.19 feet to a one-half inch iron rod found for corner; South 50 degrees 38 minutes 08 seconds East, 194.64 feet to a one-half inch iron rod found for corner; South 27 degrees 22 minutes 49 seconds West, 288.70 feet to a one-half inch iron rod found for corner; South 71 degrees 18 minutes 14 seconds West, 448.14 feet to a one-half inch iron rod found for corner; North 66 degrees 45 minutes 01 seconds West, 261.56 feet to a one-half inch iron rod found for corner; North 46 degrees 18 minutes 44 seconds West, 137.18 feet to a one-half inch iron rod found for corner; North 78 degrees 10 minutes 38 seconds West, 212.45 feet to a one-half inch iron rod found for corner; North 28 degrees 04 minutes 14 seconds West, 468.87 feet to a one-half inch iron rod found for corner; North 54 degrees 43 minutes 26 seconds West, 153.17 feet to a one-half inch iron rod found for corner; North 00 degrees 23 minutes 05 seconds East, 178.09 feet to a one-half inch iron rod found for corner; North 09 degrees 08 minutes 07 seconds East, 162.18 feet to a one-half inch iron rod found at the northwest corner of said Lot 2, said point being in the southeast right-of-way line of Lebanon Road; THENCE North 75 degrees 55 minutes 35 seconds West, 179.13 feet to a 5/8 inch iron rod found at the southwest corner of said 76.230 acre tract of land, said point being in the northeast right-of-way line of Lebanon Road; THENCE along the west line of said 76.230 acre tract of land as follows: North 02 degrees 37 minutes 23 seconds East, 97.96 feet to a 5/8 inch iron rod found for corner; North 14 degrees 16 minutes 42 seconds West, 207.14 feet to a 5/8 inch iron rod found for corner; North 88 degrees 46 minutes 30 seconds East, 312.03 feet to a 5/8 inch iron rod found for corner; North 00 degrees 46 minutes 53 seconds West, 2347.37 feet to a one-half inch iron rod found at the northwest corner of said 76.230 acre tract of land; THENCE North 52 degrees 16 minutes 40 seconds East, 1104.23 feet to a one-half inch iron rod found at the north corner of said 76.230 acre tract of land, said point being in the centerline of Stonefield right-of-way; THENCE along the centerline of Stonefield right-of-way as follows: South 37 degrees 43 minutes 20 seconds East, 536.49 feet to a point for corner; Southeasterly, 143.00 feet along a curve to the left which has a central angle of 24 degrees 38 minutes 31 seconds, a radius of 332.50 feet, a tangent of 72.62 feet, and whose chord bears South 50 degrees 02 minutes 36 seconds East, 141.90 feet to a point for corner; South 62 degrees 21 minutes 51 seconds East, 437.82 feet to the POINT OF BEGINNING and containing 16,931,183 square feet or 388.686 acres of land. r f 4T,,,-. rrrrr-r S F_ -niiii i i i - 111111 `~JJJJ IJ-', ~ i I 1 IT`\\ I L-LJ_~--r / f- L_ r3 L_,, wvc~ r~ y ice _J V-ryg l~! I~ I I I I I - Q 14~-1 q^. I / • / TTTT rrrrr- = T y>'.:~ 1 H- a IF J, _T V I I I 111 L- I y iH~ F' \ l i l l l i l l l I I I i l l l l l I F_i _ ~-~'1` I IL1 Jy)^ ~iC I i i i i i Iii rl rF-,1 ' 1` ~~1~1 j i 1~ ~ ~ iy, p~pd~~/EIiL-_ - I i i i i i iiiJ.~ 1 i I ' ice. II 4 ~a q, 1 L' "s _ ~-rTTTT-.-r -1 1 1 1 1 I I I I I I Y i T D `~J'Jt [ r-rT 41- 1 ` <eX ~x Mo a i ' 8 THE TRIBUTE N.T.S. F-I 12-21-09 J 'RIBUTE TRAIL COST SUMMARY PER PHASE I CONTRACT AGREEMENTS re Colony, Texas 25,775 72,94 10/2812009 11,334 8,104 36,49 11,666 2,613 •oposed Trails based on GDP May 2006 3,505 9,952 24,79: IASE I TRAIL SURFACE UNIT COST TOTAL DESCRIPTION stalled 6' Concrete Bike Trail east side of Lebanon (6,004 If) 36,492 SF $2.90 $105,826.80 4" concrete, broom finish stalled 4' Concrete sub-slab for Running Trail east side of Lebanon (6004 If) 24,791 SF $3.05 $75,612.55 4" concrete ctalled ]0' Concrete Hike & Bike Trail Chanel C from eastside Lebanon (1000 If) 9,968 SF $3.00 $29,904.00 4" concrete broom finish granular rubberized surfacing, If difference accounts for non- t installed 4' Rubberized Surface Running Trail east side of Lebanon (6004 If) 24,016 SF $3.90 $93,662.40 rubberized surface at north end of trail, ramps, etc. called 6' Concrete Bike Trail west side of Lebanon (1972 If) 11,666 SF $2.90 $33,831.40 4" concrete, broom finish btotal $338,837.15 LASE 11 TRAIL SURFACE UNIT COST TOTAL DESCRIPTION l0' DG Trail @ Lake edge (8,070 If) 80,700 SF $4.50 $363,150.00 Decomposed granite, 6" depth on filter fabric With GeoWeb reinforcement or approved equal 6' Concrete Bike Trail east side of Lebanon (to Clubhouse, 3,879 If) 23,274 SF $3.25 $75,640.50 4" concrete, broom finish 4' Concrete sub-slab for Running Trail (to Clubhouse, 3,879 If) 15,516 SF $3.25 $50,427.00 4" concrete, broom finish 4' Rubberized Surface Running Trail east side of Lebanon 15,516 SF $4.25 $65,943.00 4" concrete, granular rubberized surfacing 6' Concrete Bike Trail extended North to Retail (1,510 If) 9,060 SF $3.25 $29,445.00 4" concrete, broom finish 4' Concrete sub-slab for Running Trail extended to Lebanon 6,040 SF $3.25 $19,630.00 4" concrete 4' Rubberized Surface Running Trail extended to Lebanon 6,040 SF $3.25 $19,630.00 4" concrete, granular rubberized surfacing btotal $623,865.50 USE I Site Amenities for Hard & Soft Trail tailed Benches on Hard Trail (1 per .5 mile along Lebanon) 3 EA $1,750.00 $5,250.00 Wood benches w/ metal frames anchored on concrete pads talled Trash Receptacles on Hard Trail (1 per .5 mile along Lebanon) 3 EA $1,000.00 $3,000.00 Metal frame anchored on concrete pad tailed Bollards, trenching & electrical on Hard Trail (100' o.c) 1 LS $113,317.00 $113,317.00 Sternberg metal lighted bollards 5total $121,567.00 LASE H Site Amenities for Hard & Soft Trail Benches (approx. I per.5 mile) 4 EA $1,250.00 $5,000.00 Wood benches w/ metal frames anchored on concrete pads Drinking Fountain on Hard Trail (1 per mile along Lebanon) 2 EA $5,200.00 $10,400.00 Hi-Lo Accessible drinking fountain Trash Receptacles on Hard Trail (I per .5 mile) 4 EA $1,400.00 $5,600.00 Metal frame anchored on concrete pad Bollards on Hard Trail (100' o.c) 47 EA $1,250.00 $58,750.00 Sternberg metal lighted bollards Trenching & Electrical for bollards on Hard Trail 4,705 LF $16.00 $75,280.00 Labor and materials, lights furnished by owner Reclaimed Pedestrian Bridge 1 EA $35,000.00 $35,000.00 91'x 12' bridge refurbished and installed by provider Bridge Rail Retrofit 1 EA $5,000.00 $5,000.00 Welded Metal Rails to close in open trusses ,total $195,030.00 MMARY Total Required Park Fees for Phase I and B = $1,083,300.00 Phase I Trail Subtotal = $338,837.15 Phase B Trail Subtotal = $623,865.50 Phase I Amenities Subtotal = $121,567.00 Phase B Amenities Subtotal = $195,030.00 4' Required Sidewalk for Lebanon ROW = (577,884.00) 6,384 If @ $3.05 per sf Total Proposed Phase I and 11 Trail Amenities = $1,201,415.65 Park Fee Delta = ($118,115.65) ce 6503 Tribute Trail Summary 020810 (5).xls -Vri6ute raid a Jogging Trpll and 6'Bike Trail h ~R soft Trail _ iU tan h and Drinkin 61 Concrete Trpif Fo locaf►ons.WYP Future Trail Bench Loc ~ Mons. Trail Connecti ~m By C~Wner on / " Alnet ~Y Ce Bridge M uL;, Lw. Yeti Yl~~i s .7J°'~'' ~sazreo, Wd. J xs z ra 7br k. r+r ~ ~,r, r a Now M.iaTTffEWS , a. i` ► WFgT_WYNNE jAC r curs, ~ KSON, INC. EXHIBIT A 10' PUBLIC ACCESS EASEMENT SHEET 1 OF 6 TRACT A LEGAL DESCRIPTION (TRACT A) BEING a ten foot wide public access easement In the City of The Colony, Denton County, Texas, being a part of the B.B.B. & C.R.R. SURVEY, ABSTRACT No. 182, being a part of Lot 2A, Buick B, Common Area, The Lochs at Tribute, Phase 1A, an addition to the City of The Colony as recorded in Cabinet X, Page 693, Denton County Plat Records, and being a port of Lot 1A, Block B, Common Area, The Lochs at Tribute, Phase 16, an addition to the City of The Colony as recorded in Cabinet X, Page 706, Denton `County Plat Records, and also being a part of the following: Lot 3A, Block B, Common Area, Lot 4A, Block B, Common Area & 50' Emergency Access Easement, and Lot 1A, Block G, Common Area, The Gardens at Tribute, Phase 1, as recorded in Cabinet X, Page 698, Denton County Fiat Records, said ten foot wide public access easement being five feet either side of the following centerline description described as follows: COMMENCING at a five-eighths inch Iron rod found at the intersection of the east line of Lebanon Road (a 120 foot right--of-way) dedicated to the City of The Colony as recorded In Cabinet W, Page 269, Denton County Plat Records, with the north line of Bankside (a variable width right-of-way) dedicated by sold The Lochs at Tribute, Phase 1A plat; THENCE South 52 degrees 21 minutes 51 seconds East, 36.71 feet along the north line of Bankside and the south line of said Lot 2A to the POINT OF BEGINNING of the centerline of said ten foot public access easement; THENCE along the centerline of said 10 foot Public Access Easement as follows: North 25 degrees 01 minutes 37 seconds East, 16.40 feet to a point for corner; North 17 degrees 49 minutes 06 seconds East, 17.19 feet to a point for corner; North 13 degrees 17 minutes 02 seconds East, 23.01 feet to a point for corner; North 24 degrees 27 minutes 58 seconds East, 28.95 feet to a point for corner, North 50 degrees 43 minutes 19 seconds East, 20.38 feet to a point for corner; North 71 degrees 19 minutes 17 seconds East, 22.53 feet to a point for corner; North 73 degrees 39 minutes 06 seconds East, 25.98 feet to a point for corner; North 52 degrees 26 minutes 04 seconds East, 26.27 feet to a point for corner; North 24 degrees 24 minutes 39 seconds East, 23.82 feet to a point for corner; North 02 degrees 05 minutes 00 seconds East, 29.76 feet to a point for corner; North 00 degrees 38 minutes 18 seconds East, 22.17 feet to a point for corner; North 17 degrees 07 minutes 14 seconds East, 21.67 feet to a point for corner; North 32 degrees 44 minutes 17 seconds East, 22.49 feet to a point for corner; North 59 degrees 12 minutes 02 seconds East, 24.45 feet to a point for corner; North 74 degrees 21 minutes 55 seconds East, 24.79 feet to a point for corner; North 77 degrees 47 minutes 06 seconds East, 21.95 feet to a point for corner, North 62 degrees 51 minutes 02 seconds East, 26.79 feet to a point for corner; North 48 degrees 32 minutes 21 seconds l=ost, 28.20 feet to a point for corner; North 30 degrees 19 minutes 50 seconds East, 25.65 feet to a point for corner; North 23 degrees 20 minutes 06 seconds East, 18.58 feet to a point for corner; North 30 degrees 21 minutes 50 seconds East, 19.64 feet to a point for corner; North 44 degrees 01 minutes 28 seconds East, 27.45 feet to a point for comer; North 48 degrees 35 minutes 52 seconds East, 27.46 feet to a point for corner; North 49 degrees 07 minutes 06 seconds East, 39.87 feet to a point for corner; North 44 degrees 22 minutes 38 seconds East, 29.73 feet to a point for corner; North 39 degrees 50 minutes 36 seconds East, 31.45 feet to a point for corner; SCALE: DATE DRAW PROJECT 1-15-0$ MWN WJA010-ESMT- ACCESSDWG 1.0 1, Me 1.1. SAW 01 110 f EXHIBIT A 10' PUBLIC ACCESS EASEMENT SHEET 2 OF 6 TRACT A LEGAL DESCRIPTION CONTINUED (TRACT A) North 30 degrees 36 minutes 10 seconds East, 29.19 feet to a point for corner; North 25 degrees 28 minutes 07 seconds East, 26.81 feet to a point for corner; North 23 degrees 54 minutes 46 seconds East, 25.86 feet to a point for corner; North 18 degrees 34 minutes 34 seconds East, 27.75 feet to a point for corner; North 09 degrees 25 minutes 24 seconds East, 27.77 feet to a point for corner; North 06 degrees 34 minutes 11 seconds East, 28.05 feet to a point for corner, North 08 degrees 32 minutes 07 seconds East, 28.43 feet to a point for corner; North 09 degrees 35 minutes 00 seconds East, 26.84 feet to o point for corner; North 11 degrees 48 minutes 40 seconds East, 27.13 feet to a point for corner; North 14 degrees 30 minutes 33 seconds East, 26.71 feet to a point for corner; North 16 degrees 19 minutes 08 seconds East, 26.96 feet to a point for corner; North 17 degrees 38 minutes 10 seconds East, 26.29 feet to a point for corner; North 19 degrees 17 minutes 05 seconds East, 27.57 feet to a point for corner; North 22 degrees 18 minutes 03 seconds East, 26.74 feet to a point for corner; North 23 degrees 22 minutes 25 seconds East, 29.46 feet to a point for corner; North 24 degrees 34 minutes 27 seconds East, 27.61 feet to a point for corner; North 26 degrees 54 minutes 56 seconds East, 27.13 feet to a point for corner; North 31 degrees 43 minutes 15 seconds East, 24.30 feet to a point for corner; North 33 degrees 17 minutes 02 seconds East, 22.34 feet to a point for corner; North 35 degrees 14 minutes 51 seconds East, 26.93 feet to a point for corner; North 36 degrees 33 minutes 40 seconds East, 26.36 feet to o paint for corner; North 37 degrees 25 minutes 03 seconds East, 24.73 feet to a point for corner; North 38 degrees 20 minutes 26 seconds East, 30.17 feet to a point for corner; North 37 degrees 42 minutes 32 seconds East, 32.83 feet to a point for corner; North 30 degrees 34 minutes 47 seconds East, 22.89 feet to a point for corner; North 24 degrees 48 minutes 46 seconds East, 27.72 feet to a point for corner; North 20 degrees 45 minutes 07 seconds East, 24.62 feet to a point for corner; North 16 degrees 18 minutes 44 seconds East, 25.89 feet to a point for corner, North 11 degrees 11 minutes 13 seconds East, 28.80 feet to a point for corner; North 06 degrees 01 minutes 19 seconds East, 30.33 feet to a point for corner; North 01 degrees 53 minutes 34 seconds West, 37.18 feet to a point for corner North 07 degrees 04 minutes 50 seconds West, 26.23 feet to a point for corner; North 06 degrees 55 minutes 24 seconds West, 25.85 feet to a point for corner; North 03 degrees 02 minutes 26 seconds West, 19.51 feet to a point for corner; North 03 degrees 20 minutes 52 seconds East, 26.23 feet to a point for corner; North 11 degrees 00 minutes 38 seconds East, 28.33 feet to a point for corner; North 19 degrees 24 minutes 19 seconds East, 29.51 feet to a point for corner; North 24 degrees 06 minutes 04 seconds East, 28.43 feet to a point for corner; North 27 degrees 26 minutes 22 seconds East, 28.28 feet to a point for corner; North 33 degrees 13 minutes 49 seconds East, 27.20 feet to a point for corner; North 43 degrees 00 minutes 48 seconds East, 26.97 feet to a point for corner; North 50 degrees 19 minutes 04 seconds East, 28.30 feet to a point for corner North 54 degrees 39 minutes 18 seconds East, 27.38 feet to a point for corner; North 56 degrees 42 minutes 15 seconds East, 24.66 feet to a point for corner; North 52 degrees 33 minutes 17 seconds East, 35.28 feet to a point for corner; North 45 degrees 32 minutes 20 seconds East, 28.04 feet to a point for corner; North 42 degrees 35 minutes 15 seconds East, 26.73 feet to a point for corner, SCALE: DATE DRAWN PROJECT i-15-DB MWr WJA010-E5MT- ACCESS.DWO rt EXHIBIT A 10' PUBLIC ACCESS EASEMENT SHEET 3 OF 6 TRACT A _EGAL DESCRIPTION CONTINUED ;TRACT A) North 37 degrees 02 minutes 37 seconds East, 27.13 feet to a point for corner; North 33 degrees 00 minutes 36 seconds East, 28.74 feet to o point for corner; North 26 degrees 19 minutes 48 seconds East, 27.70 feet to a point for corner; North 18 degrees 42 minutes 22 seconds East, 27.38 feet to a point for corner, North 19 degrees 30 minutes 17 seconds East, 33.59 feet to a point for corner; North 21 degrees 36 minutes 42 seconds East, 35.50 feet to a point for corner North 26 degrees 02 minutes 34 seconds East, 28.16 feet to a point for corner; North 37 degrees 14 minutes 04 seconds East, 27.97 feet to a point for corner; North 44 degrees 07 minutes 14 seconds East, 25.25 feet to a point for corner; North 47 degrees 24 minutes 06 seconds East, 24.21 feet to a point for corner; North 50 degrees 36 minutes 27 seconds East, 24.59 feet to a point for comer; North 56 degrees 32 minutes 26 seconds East, 25.92 feet to a point for comer; North 64 degrees 13 minutes 29 seconds East, 27.87 feet to a point for corner; North 60 degrees 35 minutes 22 seconds East, 29.56 feet to q point for comer, North 48 degrees 52 minutes 30 seconds East, 28.15 feet to a point for corner; North 38 degrees 25 minutes 37 seconds East, 26.44 feet to a point for corner; North 33 degrees 33 minutes 03 seconds East, 24.89 feet to a point for comer; North 37 degrees 58 minutes 43 seconds East, 32.95 feet to a point for comer; North 50 degrees 21 minutes 29 seconds East, 29.41 feet to o point for corner; North 65 degrees 20 minutes 56 seconds East, 28.55 feet to a point for corner; North 69 degrees 50 minutes 23 seconds East, 28.03 feet to a point for comer; North 65 degrees 49 minutes 35 seconds East, 27.41 feet to a point for corner; North 53 degrees 35 minutes 43 seconds East, 27.05 feet to the end of said ten foot ubiic access easement containing 25,775 square feet or 0.592 acres of land. SCALE: DATE DRAWN PROJECT 1-15-08 MWH W'JA01O-ESM7 ACCESS.DWG r7=9M= twr2vM= EXHIBIT A 10" PUBLIC ACCESS EASEMENT SHEET 4 OF 6 TRACT A LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L3 MATCH UNE T* r 17,19' L26 -N.3-9'W 36 r 1 L3 7 L3 N131"21 3.01' L27 0036'1D'E i 7 L4 N2427'SWE Y L2$ 2 '28'07" 26,81' L 5 O' '1 " 0 L29 ' r~ 6 Lfi 1 * 22,53' L30 NiBle.34% 27,7V THE GA AT TRIBU L7 N7,3*39'91'*E 25,98' N0025'&J'E- 27,7-r " PHAS LS 6' 2-6,27'....... L32 NO6-3Ejl'E M#{j c 93. X, PG. 9 L9 4 ' 3: 2' L33 NOW-32'Or-E ' ~ 00 29!76# L34 ' ' 01 . 4' gill ~ L11 i " 22.17' L35 N11*481440"E 27--IS L12 " 4* L36 i % f L13 1249' L37 . 9* ' o f~~r Li4 4. L38 • '1 " "JJ) L15 N7411 4 L16 ' L17 r 140-12'21T 1 p 120 N2 Y L21 6 L22 N44VI'28*E / L23 i Y " 27, L24 7' ~'b > ASHLEY GARDENS 0 THE G RDENS AT TRIBU PHAS 1 7 AD. X, G. 696 2 3 C} BLOC A / Z THE LOCH AT TRIBUTE ' u rIl o~° 4Co~ PH SE 18 vy -oil i~ v 1 CAB. , PG. 706 iI BLOCK A 2 ' ~f~ LOT 2A, BLOCK B eCp~, Ole; IRON ROD FOUND r/r ~y~a COMMON AREA k ~ cm CONTROL MONUMENT POC , RAW. RIGHT-OF-WAY 6iIRi THE LOCHJS AT TE fi' "I P09 P ASE 1A / px POINT OF CUMENCING 2`21'51"E CA PG, s93 POO POINT OF BEGINNING 36.71' ' 1/ BASIS ~7 O BEARINGS: FOUND ALONG THE NORTH LINE OF BAKSIDE (A VARIABLE WIDTH R.O.W) DEDICATED BY PLAT, THE LOCHS AT SCALE: DATE DRAWN PROJECT TRIBUTE PHASE 1A, AS RECORDED IN CAB. X, PG. 693, i`=low 1-15-08 MWti WJA01O-ESMT- DENTON COUNTY PLAT RECORDS. ACCESS.DWG Y 'EXHIBIT A 10' PUBLIC ACCESS EASEMENT SHEET 5 OF 6 TRACT A LINE 'TABLE LINE BEARING DISTANCE 1FlQ MATCH NE N L39 19'1$ 5"E 27.54, D i 8a IRON R00 FOUND . ~v~Q 2: L41 9. cu DONTROL MONUMENT L4 2 N2 ' 4' 7" .61' RAW, RIGHT-OF-WAY L67 22 L43 N26'54'66*E L44 'N31' 3'15"E 4. 0' rae POINT OF CQMMENGNC L65 its L45 N33-1 "E 22.34!, FOB POINT OF BEGINNING S f' ,~lu$$ - 21 L46 N3 14'51 "E 26.93' v cp`' L47 6.36' tom !I L48 3 '0 * 4.73' t; rp 20 L49 N 38'2 0'2 "E 30.17' ! aU L50 7' -32-83, L6 L51 4' " 2.89' L52 '46'415" 27.72' L53 N "4 ' 7*E 24.6 ' -Jill 16 { L54 N1 61 8'44"E 25.89' At C L55 '11' 8,8D' , t qv L56 119' 30.33' 17 N01533eW 37.18' L57 oti~t L58 7'04` 0"VII -5524-16 -5 L59 NO ' 18 ' 1 16 co L60 . N " L61 03 0' " ' f L62 `00~ 8~ - . 3' Q SLOT 74 ta~~ 8 CdM CCK 6 L63 Q -1 to N _ L65 * ` A- J p~ L~~ 9 15 0, C5 Q7 CL L N W4 .9 ' 'Ze CJ ay I 168 5 19'0 2 .30' 14 L69 27 L70 N5642-151 6 L71 N5233'171 35 THE GARDENS AT TRIBUTES ~ 73 PHASE 1 CAB. X, PG. 696 w~ 26 12 25 Ld,5kI L44 l 11 24 L4 4 L42 10 L41 ~ l 1 l00, L40 ! D~ 22 t_39 ff 6 Las MATCH LINE 21 L37 / BASIS OF BEARINGS: BASED ON MONUMENTS FOUND ALONG THE NORTH LINE OF BANKSIDE (A VARIABLE WIDTH R.O.W.) DEDICATED BY FLAT, THE LOCHS AT SCALE: DATE DRAW PROJECT TRIBUTE PHASE 1A, AS RECORDED IN CAB. X, PG. 693. 1`=100' 1-15-08 MWH WJA010-ESMT- DENTON COUNTY PLAT RECORDS. ACCESS.M EXHIBIT A 10' PUBLIC ACCESS EASEMENT SHEET 6 OF 6 TRACT A LINE TABLE LINE BEARING DISTANCE BASIS OF BEARINGS: BASED ON MONUMENTS FOUND L72 45'32'20"E 8.04' ALONG THE NORTH LINE OF SANKSIDE (A VARIABLE L73 N4 '35'15"E 26.73' WIDTH R.O.W.) DEDICATED BY PLAT, THE LOCHS AT L74 3 'a '3 " 7. 3' TRIBUTE PHASE 1A, AS RFOORDED IN CAB. X. PC. 69N, L75 6" 28.74' DENTON COUNTY PLAT RECORDS. L76-1 N26*194 Y L77 d i Y L78 -Nl9*3Q'17"E $i L78 W4 " 0' L8p N36'02r Y 16f ' IRON ROD FOUND L82 NW 7' C" CONTROL MONUMENT L83 47 4' 6" 24,21' A.ox RIGHT-OF-WAY L84 5 y 9' L85 Poc PAINT OF COMMENCING N56*32'2§`K 25,92' L86 3' 8" 7.87' Poo POINT OF BEGINNING L87 •3 ' 221 9 ' g L8B N48W' 0 815' v L89 N38-25'17-"E 6.44' L9 L90 t " 4.89' L9 L91 N37'58'43-C 32,95, L92 N50*21'29-E L03 1465'20'560C 8.55' 'Q" ~ ~ L94 --N69*50-'23E 28.03', L95 N6 49' " 41' Q `fl 4 Ufa' ~y~~ J L96 N5 `35'43"E 27.05' /,10, L82 THE GARDENS AT TRIBUTE t~`. PHASE 1 r~ CAB. X, PG. 696 LOT 1A, BLOCK G COMMON AREA 1 = 100, 26 t~ 25 Q3 MARM NE 24 m 23 15 x BLOCK E SCALE; DATE DRAWN PROJECT 1"~SDD' i-15-DB mmi WA010-ESMT- ACCESS.DWG b- T- lpvwqW. 7 ow F EXHIBIT B 10' PUBLIC ACCESS EASEMENT SHEET 1 OF 3 TRACT B LEGAL DESCRIPTION (TRACT B) BEING a ten foot wide public access easement in the City of The Colony, Denton County, Texas, being a part of the B.B.B, & C.R.R. SURVEY, ABSTRACT No. 182, being o part of Lost 1 A, Block D, Common Area, The Lochs at Tribute, Phase 1 A, an addition to the City of The Colony as recorded In Cabinet X, Page 693, Denton County Plot Records, and being a part of the following: Lot 2A, Block D, Common Area, and Lot 3A, Block D. Common Area, The Lochs at Tribute, Phase 113, an addition to the City of The Colony as recorded In Cabinet X, Page 706, Denton County Plat Records. and also being a part of Lot 1A, Block A, Common Area, The Glen at Tribute, Phase 1, an addition to the City of The Colony as recorded in Cabinet X, Page 702, Denton County Plat Records, sold ten foot wide public access easement being five feet either side of the fallowing centerline description described as follows: COMMENCING at a five-eighths inch Iron rod found at the intersection of the east line of Lebanon Rood (a 120 foot right--of-way) dedicated to the City of The Colony as recorded in Cabinet W, Wage 269, Denton County Plot Records, with the south line of Bankside (o variable width right-of-way) dedicated by said The Lochs at Tribute, Phase 1A plot; THENCE South 62 degrees 21 minutes 51 seconds East, 38.79 feet along the south line of Bankside and the north line of said Lot 1A, Block D to the POINT OF BEGINNING of the centerline of sold ten foot public access easement; THENCE along the centerline of sold 10 foot Public Access Easement as follows; South 37 degrees, 55 minutes 05 seconds West, 26.15 feet to a point for corner; South 45 degrees 51 minutes 18 seconds West, 32.46 feet to a point for corner; South 40 degrees 17 minutes 45 seconds West, 31.60 feet to o point for corner; South 19 degrees 18 minutes 08 seconds West, 31.73 feet to a point for corner; South 00 degrees 37 minutes 07 seconds West, 30.65 feet to a point for corner; South 02 degrees 46 minutes 29 seconds Bast, 30.53 feet to a point for corner; South 00 degrees 10 minutes 53 seconds East, 30.62 feet to a point for corner; South 1.3 degrees 02 minutes 56 seconds West, 30.14 feet to a point for corner; South 19 degrees 42 minutes 02 seconds West, 30.58 feet to a point for corner; South 26 degrees 26 minutes 50 seconds West, 31.30 feet to a point for corner; South 36 degrees 05 minutes 40 seconds West, 32.18 feet to a point for corner; South 43 degrees 36 minutes 04 seconds West, 20.66 feet to a point for corner; South 45 degrees 11 minutes 57 seconds West, 29.29 feet to a point for corner; South 39 degrees 00 minutes 10 seconds West, 29.95 feet to a point for comer, South 32 degrees 13 minutes 19 seconds West, 29.69 feet to a point for comer; South 26 degrees 09 minutes 15 seconds West, 30.25 feet to a point for comer; South 23 degrees 55 minutes 05 seconds West, 31.73 feet to a point for corner; South 17 degrees 32 minutes 20 seconds West, 29.46 feet to a point for corner, South 11 degrees 14 minutes 51 seconds West, 31,75 feet to a point for corner; South 08 degrees 48 minutes 07 seconds West, 29.78 feet to a point for corner; South fly degrees 46 minutes 53 seconds West, 31.63 feet to a point for corner, South 06 degrees 54 minutes 39 seconds West, 30.32 feet to to point for corner; SCALE-, DATE DRAWN PROJECT 1-z-08 MW WJA010-£SM7-- ACCESS @ :DNS.. cum EXHIBIT B 10' PUBLIC ACCESS EASEMENT SHEET 2 OF 3 TRACT B LEGAL DESCRIP11ON CONTINUED (TRACT B) South 18 degrees 46 minutes 49 seconds West, 29,27 feet to a point for corner, South 30 degrees 11 minutes 43 seconds West, 30.27 feet to a point for corner; South 33 degrees 12 minutes 03 seconds West, 29.68 feet to a point for corner; South 30 degrees 03 minutes 53 seconds West, 30.26 feet to a point for corner; South 22 degrees 24 minutes 14 seconds West, 28.25 feet to the end of said ten foot public access easement, sold point being in the south line of sold Lot 1A, Black A, Common Area, said point also being in the north line of Lochside (a 50' right-of-way) dedicated by said The Glen at Tribute, Phase 1 plot, in all containing 8,104 square feet or 0.186 acres of land, SCALE: DATE DRAWW PROJECT 1-15-08 MWH WJA01D=ESMT- ACCESS(B).D%VG EXHIBIT B 10' PUBLIC ACCESS EASEMENT SHEET 3 OF 3 TRACT B -LINE LINE BEARiNflA9LE DISTANCE S62'21'51"E 38 1 'sb'os; 3s.4s' Poo .'s' '~Rr1'`~~V rat, y L3 ,4 i 60' (IM) s/ 2 L4 1' 8" Q lj fh A O 6~BA L5 Sfl037'07'w 30.6 ,5., n, L6 S02'46 ' 9` 30.53' , L7 0 WWI. 30.62' 2 s HE LOCHS AT TRIBUTE L8 S13'fl ' 6" 3014' L3 PHASE 1A L9 19' 'fl " 3fl. ' LOT 1A, BLOCK D CAB. X, PC. 69:3 L10 26 0' q O L4 CDMMOIa AREA L71 061)5-40V 32,187 eb' L5 i irs 1°~ Mw ss~ L14 S39' 0"w ' L15 ' ' L16 S / i ' 5 oc L17 .73'w v, ! L14 0' 29.46' 09 5 l 5 « 75' J11 L20 90848707-W 29.78' , 3 L21 so 163ow 31 06'54 9' 3 32' "-4- L22 t L2 3 S 8'46'49' 29.27' U M1 L24 S3O11-AZ-W &2Z' L25 S3312'03*W 29.60, L26 S 0`0 '53"W 30.26' L15 L27 24'14"W ' L16 THE LOCHS AT TRIBUTE PHASE 1B L17~ CAB. X, PG. 706 06,0' IRON ROO FOUND L18 7 6 cu CONTROL MONUMENT L19 7 A.OX RIGHT-OF-WAY L2 PDC POINT OF COMMENCING LOT 3A. BLOCK D PDe POINT OF BEGINNING' f COMMON AREA ~lII ~~Il v N 6eb; OCA, T- ca GApA, AT 2 3 / 1 1©01 LQ ~ Cog po ' RlgU1F' BASIS OF BEARINGS: BASED ON MONUMENTS FOUND 702 ALONG THE SOUTH LINE OF BANKSIDE (A VARIABLE ly) WIDTH R.O.W,j DEDICATED BY PLAT, THE LOCHS AT TRIBUTE PHASE 1A, AS RECORDED IN CAB. X, PG. 693, SCALE: DATE DRAWN PROJECT DENTON COUNTY PLAT RECORDS, 1"e100' 1-15-08 MWH WJA010-ESIAT- ACCESS(8).D%VG EXHIBIT C 10' PUBLIC ACCESS EASEMENT SHEET 1 OF 2 TRACT C LEGAL DESCRIPTION (TRACT C) BEING a ten foot wide public access easement In the City of The Colony, Denton County, Texas, being a part of the B.B.B. & C.R.R. SURVEY, ABSTRACT No. 182, being a part of Lot 1A, Block B, Common Area, The Glen at Tribute, Phase 1, an addition to the City of The Colony as recorded In Cabinet X, Page 702, Denton County Plot Records, sold ten foot wide public access easement being five feet either side of the following centerline description described as follows: COMMENCING at a five-eighths inch iron rod found at the intersection of the east line of Lebanon Rood (a 120 foot right-of-way) dedicated to the City of The Colony as recorded in Cabinet W, Page 259, Denton County Plat Records, with the south line of Lochside (a 50 foot right-of--way) dedicated by sold The Glen at Tribute, Phase 1 plot; THENCE South 69 degrees 16 minutes 22 seconds East, 20.92 feet along the south line of Lochside and the north line of said Lot 1A, Block B to the POINT OF BEGINNING of the centerline of sold ten foot public access easement; THENCE South 20 degrees 24 minutes 22 seconds West, 261.27 feet to the end of said ten foot public access easement, said point being in the south line of said Lot 1A, Block B, Common Area, sold point also being In the north line of Glendevon (a 83 foot right--of-way) dedicated by said The Glen at Tribute, Phase 1 plot, in all containing 2,613 square feet or 0.060 acres of land. SCALE: DATE DRAW14 PROJECT 1-.45-08 MWH WJA010-E5MT- ACCESS G .DWG Y EXHIBIT C 10' PUBLIC ACCESS EASEMENT SHEET 2 OF Z TRACT C BASIS OF BEARINGS: BASED ON MONUMENTS FOUND ALONG THE SOUTH LINE OF LOCHSIDE (A 50' R.O.W.) DEDICATED BY PLAT, THE GLEN AT TRIBUTE PHASE 1, AS RECORDED IN CAB. X, PG. 702, DENTON COUNTY PLAT RECORDS. THE LOCHS AT TRIBUTE PHASE 18 CAB. X, PG. 706 LOT 3A, BLOCK D 0,0' IRON RO[1 FOUNt7 COMMON AREA cu 00147ROL MONUMENT mQ 1 0 R.a.w, RIGHT-017-WAY Ck ,q Pac POINT OF COMMENCING S69'1 5'22"E THE GieN 2 20 92' P, 7 rog M'OiN7 OF BEGINNING P{ C c4a k, r~R71put" 3 Nm?Rr*4` j----Pas 4~ 4 Cb (50, k IT rv c) c) 1 1001 //jam jv 3 THE GLEN ATvTRIBUTE ! PHASE 1 CAB. X. PG. 702 r' o BLOCK F 4 5 SCALE: DATE DRAWN PROJECT 1"=100' 1--15-08 tdVH WJA010-€SMT- ACC€SS(C).DWG EXHIBIT C 10' PUBIC ACCESS EASEMENT SHEET 1 OF 4 TRACT D LEGAL DESCRIPTION (TRACT D) BEING a ten foot wide public access easement In the City of The Colony, Denton County, Texas, being a part of the B.B.B. & C.R.R. SURVEY, ABSTRACT No. 982, being a part of the following: Lot 1A, Block F, Common Area, and Lot 2A, Block F. Common Area, The Glen at Tribute, Phase 1, an addition to the City of The Colony as recorded in Cabinet , Page 702, Denton County Plat Records, and also being a part of Lot 1AA, Block B, Common Areo, Bolmerino at Tribute, Phase 1, an addition to the City of The Colony as recorded In Cabinet X, Page 817, Denton County Plat Records, said ten foot wide public access easement being five feet either side of the following centerline description described as follows: COMMENCING at a five-eighths inch iron rod found at the intersection of the east line of Lebanon Road (a 120 foot right-of-way) dedicated to the City of The Colony as recorded in Cabinet W, Page 269, Denton County Plot Records, with the south line of +Glendevon (a 83 foot right-of-way) dedicated by said The Glen at Tribute, Phase 1 plat; THENCE South 68 degrees 30 minutes 35 seconds East, 26.03 feet along the south line of Glendevon and the north fine of sold Lot 1A, Block F to the POINT OF BEGINNING of the centerline of sold ten foot public access easement; THENCE along the centerline of said 10 foot Public Access Easement as follows: South 22 degrees 51 minutes 07 seconds West, 29.47 feet to a point for corner: South 24 degrees 12 minutes 38 seconds West, 27.50 feet to a point for corner, South 24 degrees 11 minutes 25 seconds West, 29.56 feet to a point for corner; South 21 degrees 31 minutes 42 second's West, 27.95 feet to a point for corner; South 16 degrees 35 minutes 50 seconds West, 34.27 feet to a point for corner; South 15 degrees 25 minutes 51 seconds West, 29.01 feet to a point for corner; South 19 degrees 26 minutes 47 seconds West, 28.25 feet to o point for corner; South 29 degrees 10 minutes 15 seconds West, 27.87 feet to a point for corner; South 37 degrees 30 minutes 47 seconds West, 27.30 feet to a point for corner; South 41 degrees 25 minutes 01 seconds West, 23.52 feet to a point for corner; South 42 degrees 01 minutes 07 seconds .West, 26.93 feet to a point for corner; South 40 degrees 53 minutes 12 seconds West, 25.74 feet to a point for corner; South 38 degrees 38 minutes 40 seconds West, 24.31 feet to a point for corner; South 34 degrees 49 minutes 59 seconds West, 28.27 feet to a point for corner; South 23 degrees 42 minutes 08 seconds West, 27.29 feet to o point for corner, South 08 degrees 52 minutes 13 seconds West, 31.89 feet to a point for corner; South 02 degrees 39 minutes 35 seconds West, 18.49 feet to a point for corner; South 03 degrees 17 minutes 36 seconds West, 27,80 feet to a point for corner; South 05 degrees 55 minutes 33 seconds West, 27.90 feet to a point for corner; South 14 degrees 16 minutes 22 seconds West, 29.27 feet to a point for corner; South 25 degrees 38 minutes 26 seconds West, 28,54 feet, to a point for corner; South 33 degrees 32 minutes 32 seconds West, 25.89 feet to a point for corner; South 37 degrees 20 minutes 52 seconds West, 28.12 feet to a point for corner; South 43 degrees 13 minutes 21 seconds West, 28.31 feet to a point for corner; South 47 degrees 52 minutes 16 seconds West, 29.22 feet to a point for corner; SCALE: DATE DRAWN PROJECT 1-15-08 MW WJA010-ESMT- ACCESS D .DWG r EXHIBIT D 10' PUBLIC ACCESS EASEMENT SHEET 2 OF 4 TRACT D LEGAL DESCRIPTION CONTINUED (TRACT D) South 51 degrees 59 minutes 19 seconds West, 26.26 feet to a point for corner; South 54 degrees 33 minutes 07 seconds West, 27.63 feet to a point for corner; South 55 degrees 03 minutes 39 seconds West, 28.95 feet to a point for corner; South 53 degrees 59 minutes 54 seconds West, 26.45 feet to a point for corner; South 49 degrees 48 minutes 58 seconds West, 28.31 feet to a point for corner; South 40 degrees 56 minutes 46 seconds West, 27.97 feet to a point for corner; South 30 degrees 14 minutes 05 seconds West, 24.36 feet to a point for corner; South 28 degrees 25 minutes 08 seconds West, 26.64 feet to a point for corner; South 34 degrees 05 minutes 56 seconds West, 27.43 feet to a point for corner; South 40 degrees 56 minutes 32 seconds West, 28.53 feet to a point for corner, South 43 degrees 35 minutes 32 seconds West, 29.75 feet to the end of said ten foot public access easement, said point being in the south line of said Lot 1A, Clock 6, Common Area, sold point also being in the north line of ®aimerino (a private street, u.e., and d.e.) designated as Lot 1A, Block H by said Balmerino at Tribute, Phase 1 plat in oil containing 9,952 square feet or 0.228 acres of land, SCALE: DATE DRAWN PROJECT 1-15-0$ MWH WJADIO-ESMT ACCESS D :DWG t EXHIBIT D 10' PUBLIC ACCESS EASEMENT SHEET 3 OF 4 LINE TABLE TRACT D LINE BEARING DISTANCE L1 =51',07"W 29. L2 4 '3s" 0' LOT 1A, `e I L3 S2 1'2 * 6' BLOCK 6 L4 S21'31'42"W COMMON AREA BLOCK 6 L5 S1S'35'50"W 34,27' 33 2 L6 S15 5'51"W 29.01' S68'3D'35"E S 0* 77 26-03' " 4 L8 4 P4C N) S373'47"W -r 27, L1D 1. 0*0"W 23•60* RF r/ X83 , 0 L11 S42*01'07"W 6 ' ' L13 83 '40*W 1' lez© r,1. L15 S 3' 2'oe"w 27,29' `1 ice' v 46 +r ~f/~ 1 'BRA ` ®Q L16 '52113" 31.89' L17 =030'35!W L18 3 6" ' IC7 !r @ y r L2Q 5 6' "W 2s. THE GLEN AT TRIBUTE 4 PHASE 1 L21 '3 ` 6* 28.64` V~ ojJf CAB. X, PG. 702 BLOCK C L22 ;Q9=5-2"W 25-89, L2 0' * , BLOCK F 1 L24 43 1* ,31 2 L25 S ' ' 29. L11 L l 3 L14 L15 THE GLEN AT TRIBUTE 4 j PHASE 1 BALMERINO AT TRIBUTE L1 + CAB, X, PG. 702 PHASE 1 L17 CAB. X. PG. 817 LOT 2A, BLOCK F LOT 1A, BLOCK B oc COMMON AREA isc D.E. COMMON AREA -Il1 -tY MATCH UNE LEM iR IRON ROD FOUND :M CONTROL MONUIIiENT TTRACT 1 1W. MONT OF-WAY 344.166 ACRE nw POINT OF OWMENCING WYNNWOOD PENINSULA VENTURE 1"=100' D.C.C.F./J 2006--43169 DO POINT OF BEGINNING UTILITY EASEMENT BASIS Of BEARINGS: BASED ON MONUMENTS FOUND DRAINAGE EASEMENT ALONG THE SOUTH LINE OF GLENDEVON (A 83' R.O.W.) DEDICATED. BY PLAT, THE GLEN AT TRIBUTE PHASE 1, DATE DRAWN PROJECT AS RCCORDLD IN CAB. X. PG. 702, DENTON COUI:ITY SCALE: WJA010-ESMT PLAT RECORDS. 1"=100' 1-15-08 MWH ACC£SS(D).DWG F v- EXHIBIT D 10' PUBLIC ACCESS EASEMENT SHEET 4 OF 4 TRACT D L1 L1 L15 0~' Ax UNE TABLE Li G, UNI< BEARING DISTANCE BALMERINO AT TRIBUTE 1 ~l 126 1 + " + PHASE 1 Z4, oc., O'S L27 S54'33' B. 2 --27,8V CAB. X, PG. 817 L17 ¢ I" " LOT & BLOCK B 00 L28- S5 03 39 .9 COMMON AREA - ~ t L29 S 3' 'S "W 26.45! ) L30 49' 'S " 8. 01 S 0`66'•48"W 27.97' OW L32 30 {4'05" 4.36' L33 8' 5'08" 6.64' L34 S `05' *W 7.43' L35 MATCH UNE L36 S43` 5'3 "W 9.75' .r .1..... - - - - - 344.166 C AT PLININSU WYNND.C CCF # 20D6 -43169 VLNIURL ~ C9 L2l~ L3 ~QY L31 C, L3~ ~`4a L33 L3 151) L3 ro 0" 2 t A OT 7A, ~ BLOCK 3 COMMON AREA ~£4 4 LEGEM 1 N J Rai IRON ROD FOUND 5 CONTROL MONUMENT 2 BALMERINO AT TRIBUTE PHASE 1 >.w. RIGHT-OF-WAY f CAB. X, PG. 817 x POINT OF COMMENCING 9 "=1 DO' POINT OF BEGINNING 4 BASIS OF BEARINGS; BASED ON MONUMENTS FOUND UTILITY EASEMENT ALONG THE SOUTH LINE OF GLENDEVON, (A 83' R.O.W.) DRAINAGE EASEMENT DEDICATED BY PLAT, THE GLEN AT TRIBUTE PHASE 1, AS RECORDED IN CAB. X, PG. 702, DENT6N COUNTY SCALE: DATE DRAWN PROJECT PLAT RECORDS. 1"=100' 1-15-OB yJWH WJ,A61045MT- ACCESS(D).DWG emcmmmm= 1"I.. W., EXHIBIT E 10' PUBLIC ACCESS EASEMENT SHEET 1 OF 4 TRACT E LEGAL DESCRIPT1014 (TRACT E) BEING a ten foot wide public access easement In the City of The Colony, Denton County, Texas, being a port of the B.B.B. & C.R.R. SURVEY, ABSTRACT No. 182, and the S. PAYTON SURVEY, ABSTRACT No. 1009, and also being a part of the following. Bolmerino (a private street, u.e., and d.e.) designated as Lot 1A, Block H , Lot 1A, Block E. Common Area, -Hoy►wick (a private street, u.e., and d.e.) designated as Lot 1A, Block H, and Lot 4A, Block D, Common Area, Balmerino at Tribute, Phase 1, an addition to the City of The Colony as recorded in Cabinet X, Page 817, Denton County Plat Records, said ten foot wide public access easement being five feet either side of the following centerline description described as follows: COMMENCING at a five-eighths inch iron rod found at the intersection of the eost line of Lebanon Road (a 120 foot right-of--way) dedicated to the City of The Colony as recorded in Cabinet W, Page 269, Denton County Plat Records, with the north line of said Bolmerino; THENCE along the north line of Bolmerino and the south line of Lot 1A, Black B, Common Area, sold Bolmerino at Tribute, Phase 1 as follows: South 02 degrees 19 minutes 22 seconds East, 14.29 feet to a point for corner; South 46 degrees 43 minutes 23 seconds East, 6.72 feet to the POINT OF BEGINNING of the centerline of said ten foot public access easement; THENCE along the centerline of sold 10 foot Public Access Easement as follows: South 42 degrees 30 minutes 45 seconds West, 93.01 feet to a point for corner; South 48 degrees 59 minutes 12 seconds West, 26.10 feet to a point for corner; South 57 degrees 09 minutes 40 seconds West, 27.31 feet to a point for corner; South 53 degrees 24 minutes 22 seconds West, 27.28 feet to a point for corner; South 46 degrees 45 minutes 16 seconds West, 29.47 feet to a point for corner; South 37 degrees 47 minutes 44 seconds West, 29.74 feet to a point for corner; South 32 degrees 38 minutes 14 seconds West, 27.76 feet to a point for corner, South 26 degrees 24 minutes 08 seconds West, 36.68 feet to a point for corner; South 21 degrees 06 minutes 59 seconds West, 28.58 feet to a point for corner; South 25 degrees 24 minutes 34 seconds West, 28.59 feet to a point for corner, South 33 degrees 14 minutes 36 seconds West, 29.13 feet to a point for corner; South 39 degrees 15 minutes 01 seconds West, 29.40 feet to a point for corner; South 46 degrees 05 minutes 06 seconds West, 28.94 feet to a point for corner; South 53 degrees 10 minutes 06 seconds West, 28.88 feet to a point for corner; South 60 degrees 19 minutes 13 seconds West, 27.38 feet to a point for corner; South 67 degrees 20 minutes 38 seconds West, 27.97 feet to a point for corner; South 72 degrees 38 minutes 27 seconds West, 27.81 feet to a point for corner; South 79 degrees 02 minutes 26 seconds West, 3218 feet to a point for corner; South 81 degrees 20 minutes 15 seconds West, 29.09 feet to a point for corner; South 77 degrees 09 minutes 29 seconds West, 28.88 feet to a point for corner; South 64 degrees 15 minutes 54 seconds West, 34.21 feet to a point for corner; South 58 degrees 25 minutes 11 seconds West, 93.00 feet to a point for corner; SCALE: DATE DRAW4 PROJECT 1-15-06 mm WJAO10rE5MT ACCESS E .DWG EXHIBIT E 10' PUBLIC ACCESS EASEMENT SHEET 2 OF 4 TRACT E LEGAL DESCRIPTION CONTINUED (TRACT E) South 52 degrees 30 minutes 39 seconds West, 26.87 feet to a point for corner, South 50 degrees 37 minutes 01 seconds West, 26.28 feet to o point for corner; South 55 degrees 38 minutes 49 seconds West, 28.74 feet to a point for corner; South 68 degrees 24 minutes 08 seconds West, 27.94 feet to a point for corner; South 71 degrees 11 minutes 23 seconds West, 32.48 feet to a point for corner; South 71 degrees 57 minutes 30 seconds West, 29.26 feet to a point for corner; South 73 degrees 55 minutes 14 seconds West, 27.78 feet to a point for corner South 76 degrees 39 minutes 53 seconds West, 29.08 feet to a point for corner; South 70 degrees 26 minutes 13 seconds West, 27.90 feet to a point for corner, South 57 degrees 41 minutes 07 seconds West, 27.43 feet to a point for corner; South 49 degrees 26 minutes 38 seconds West, 27.78 feet to a point for corner; South 43 degrees 42 minutes 02 seconds West, 28.16 feet to a point for corner; South 41 degrees 00 minutes 55 seconds West, 22.32 feet to the end of said ten foot public access easement containing 11,334 square feet or 0.260 acres of land. SCALE: DATE DRAWN PROJECT 1-15-08 MWH WJAD10-ESMT-- fiGCESS E ,DV/G EXHIBIT E 10' PUBLIC ACCESS EASEMENT SHEET 3 OF 4 LINE TABLE TRACT E LINE BEARING DISTANCE L7 S4 '30' S"W 93.01' 12 '1 " 26.10' L3 S * 9, " L4 s 3 ' M POG°A~° g L6 S3 4'►~) 0 L7 S • . e 27.76' 5014.2 ,.E L8 8 '08"W 36.68, S46'43 - YE ti G L9 $2.1-06-59-W 6.58' 6.72 ~ a1~'I ~~Q~.~ L10 5 4 3 W- &8459# L7i S 3 4' "1N 29-13' rse L12 53915-01-W 1 .1 Lis S60 74- 0 ~'p L~ ~r BLOCK B L16 38"W ~7 97'L L17 S72-'38!27*W 27,81' L L18 57SID216o-W 8' x.79 S ' 5"W 29-92, L7 1 L211 S64-16'64"W L22 S5§26-1 7 "W DD' cj 2 v 4 20 4 \ vk ~~'`~'lf 19 BLOCK E 5 BAIMERINO AT TRIBUTE PHASE 1 b CAB. X, PG. 817 AJ BLOCK E 17 goA 11QP~~'• BLOCK F LEM ;r os0 IRON ROD FOUND o -f CONTROL MONUMENT GRA 14 2 RAW. RIGHT-017-WAY BLOCK F Poe POINT OF COMMENCING POD POINT OF BEGINNING BALMERINO AT TRIBUTE s LIE UTILITY EASEMENT 1 PHASE 1 13 nr DRAINAGE EASEMENT CAB. X. PG. 817 BASIS OF BEARINGS: BASED ON MONUMENTS FOUND ALONG THE NORTH LINE OF BALMERINO (A PRIVATE STREET, U.E., AND D.E.' DESIGNATED AS LOT 1A. BLOCK SCALE: DATE DRAW PROJECT H BY BY PLAT BALMERINO AT TRIBUTE PHASE 1, AS 1wCiDD' 1 15-48 ~y~y WJAOIO-ESMST.- RECORDED IN CAB. X. PG. 817, DENT014 COUNTY PLAT ACCESS(E).DVIG RECORDS. EXHIBIT E 10' PUBLIC ACCESS EASEMENT SHEET 4 OF 4 TRACT E LINE TABLE LINE BEARING DISTANCE L23 '3d'. 9"W 26.87' IRON ROD FOUND 1.24 $50-37-01-W 6' cu CONTROL MONUMENT L25 '3 9" V74 L26 6 4' " s.p•w. RIGHT-OF-WAY L27 17111'23-W aac POINT OF COMMENCING L28 S71 W 29-26' L29 573"5534"w Pao POINT OF BEGINNING 1"=100' L30 '3 ' 3" 9.0 ' uE UTILITY EASEMENT L31 S70'26'1 -9-0' or DRAINAGE EASEMENT L32 S57'41'O7`W 27.0'L33 S49' ` eW 6' ZZN L34 $43-42'02:W 16' V& R L35 s41 *oo*5"W yob L28 Lao L29 L31~✓ V9 L33 O 14 L34 ''/J GC~~ e BLOCK F BALME INO ATI TRIBUTE CAB. X, PG, 1317 SLOCK G 2 TTRACT 1 344.166 ACRE WYNNWOOD PENINSULA VENTURE D.C,C.F.# 2006-43169 BASIS OF BEARINGS: BASED ON MONUMENTS FOUND ALONG THE NORTH LINE OF BALMERINO (A PRIVATE STREET, U.E., AND D.E.) DESIGNATED AS LOT 1A, BLOCK H BY BY PLAT SALMERINO AT TRIBUTE PHASE 1, AS SCALE: DATE DRAWN PROJECT RECORDED IN CAB, X. PG, 817, DENTON COJNTY PLAT 1"=i40' 1-15-DS MWH WJA0104SMT- RECORDS. ACCESS(E).DWG EXHIBIT F 10' PUBUC ACCESS EASEMENT SHEET I OF 4 TRACT F LEGAL DESCRIPTION (TRACT F) BEING a ten foot wide public access easement in the City of The Colony, Renton County, Texas, being a part of the B.B.B. & C.R.R. SURV'E'Y, ABSTRACT No. 182, being o part of Lot 2A, Block 1, Common Area, Aberdeen at Tribute Phase 1, an addition to the City of The Colony as recorded in Cabinet X, Page 695, Benton County Plot Records, said ten foot wide public access easement being five feet either side of the following centerline description described as follows, COMMENCING at the Intersection of the centerline of Stonefield (a 60 foot right--of--way) south 30 foot dedicated by sold Aberdeen at Tribute Phase 1 and the north 30 foot dedicated to the City of The Colony as recorded in County Clerk's File No. 2007--46771, Denton County Deed Records, with the west line of Lebanon Rood (a 120 foot right-of-way) dedicated to the City of The Colony as recorded in Cabinet W, Page 269, Denton County Plat Records, sold point also being the northeast comer of said Aberdeen at Tribute Phase 1; THENCE Southwesterly, 30.00 feet along the west line of Lebanon Road and the east line of said Aberdeen at Tribute Phase 1 following a curve to the left having a central angle of 01 degrees 01 minutes 13 seconds, a radius of 1685.00 feet, a tangent of 15.00 feet, whose chord bears South 27 degrees 07 minutes 34 seconds West, 30.00 feet to a five-eighths inch iron rod found In the south line of Stonefield and the north line of sold Lot 2A; THENCE North 62 degrees 21 minutes 51 seconds West, 17.00 feet along the south line of Stonefield and the north line of sold Lot 2A to the POINT OF BEGINNING of the centerline of said ten foot public access easement; THENCE along the centerline of said 10 foot Public Access Easement as follows. South 23 degrees 18 minutes 53 seconds West, 12.67 feet to a point for corner; South 04 degrees 12 minutes 49 seconds West, 13.20 feet to a point for corner; South 04 degrees 10 minutes 10 seconds East, 25.29 feet to a point for corner; South 36 degrees 06 minutes 00 seconds West, 25.55 feet to a point for corner; South 51 degrees 55 minutes 36 seconds West, 29.55 feet to a point for comer; South 41 degrees 30 minutes 34 seconds West, 27.90 feet to a point for corner; South 30 degrees 47 minutes 53 seconds West, 28.57 feet to a point for corner; South 20 degrees 38 minutes 24 seconds West, 28.12 feet to a point for corner; South 08 degrees 44 minutes 04 seconds West, 28.58 feet to a point for corner; South 07 degrees 34 minutes 32 seconds West, 28.14 feet to a point for corner; South 12 degrees 23 minutes 58 seconds West, 29.80 feet to a point for corner, South 18 degrees 01 minutes 52 seconds West, 28.76 feet to a point for corner; South 23 degrees 19 minutes 01 seconds West, 27.59 feet to a point for corner; South 28 degrees 53 minutes 23 seconds West, 27.76 feet to a point for corner; South 35 degrees 34 minutes 41 seconds West, 28.93 feet to a point for corner; South 38 degrees 27 minutes 54 seconds West, 28.35 feet to a point for corner; South 33 degrees 27 minutes 07 seconds West, 27.35 feet to a point for corner; South 18 degrees 56 minutes 17 seconds West, 26.76 feet to a point for corner; South 04 degrees 51 minutes 42 seconds West, 30.29 feet to a point for corner; South 00 degrees 43 minutes 17 seconds East, 14.06 feet to a point for corner; SCALE: DATE DRAWN PROJECT 1-15-08 MWN WJA010-CSMT-° ACCESS r .DWG EXHIBIT F 10* PUBLIC ACCESS EASEMENT SHEET 2 OF 4 TRACT F LEGAL DESCRIPTION CONTINUED (TRACT F) South 02 degrees 17 minutes 47 seconds West, 30.30 feet to a point for corner; South 13 degrees 42 minutes 12 seconds West, 28.64 feet to a point for corner; South 25 degrees 31 minutes 45 seconds West, 28.65 feet to a point for corner; South 35 degrees 53 minutes 00 seconds West, 29.57 feet to a point for corner; South 44 degrees 33 minutes 05 seconds West, 29.62 feet to a point for corner; South 4.6 degrees 31 minutes 14 seconds West, 29.55 feet to a point for corner; South 35 degrees 01 minutes 03 seconds West, 29.19 feet to a point for corner; South 25 degrees 18 minutes 00 seconds West, 30.06 feet to a point for corner; South 20 degrees 52 minutes 35 seconds West, 28.10 feet to a point for corner; South 10 degrees 35 minutes 13 seconds West, 34.33 feet to a point for corner; South 02 degrees 20 minutes 04 seconds East, 28.60 feet to a point for corner; South 02 degrees 15 minutes 22 seconds East, 28.58 feet to a point for corner; South 09 degrees 57 minutes 12 seconds West, 29.57 feet to a point for corner; South 20 degrees 20 minutes 12 seconds West, 28.50 feet to a point for corner; South 32 degrees 25 minutes 31 seconds West, 31.57 feet to a point for corner; South 39 degrees 23 minutes 33 seconds West, 29.51 feet to a point for corner; South 34 degrees 10 minutes 34 seconds West, 28.91 feet to a point for corner; South 20 degrees 31 minutes 34 seconds West, 27.64 feet to a point for corner; South 10 degrees 18 minutes 49 seconds West, 27.89 feet to a point for corner; South 00 degrees - 25 minutes 19 seconds West, 13.03 feet to a point for corner; South 03 degrees 23 minutes 19 seconds East, 29.18 feet to a point for corner; South 12 degrees 47 minutes 18 seconds West, 28.31 feet to a point for corner; South 21 degrees 21 minutes 14 seconds West, 10.70 feet to a point for corner, South 24 degrees 44 minutes 11 seconds West, 8.36 feet to the end of said ten foot public access easement, said point being In the south line of sold Lot 2A, sold point also being in the north line of Aberdeen Drive (a variable width right--of--way) dedicated by sold Aberdeen at Tribute Phase 1 plat, and containing 11,666 square feet or 0.268 acres of loud. SCALE: DATE DRAWN PROJECI 1-15-0E MWri WJA010-E5MT- ACCESS f .DWG EXHIBIT F 10' PUBLIC ACCESS EASEMENT SHEET 3 OF 4 LINE TABLE TRACT F LINE BEARING DISTANCE L1 S2318-63"W 1 .67' S '4 la.20- 30' STREET R.O,W. 35.00 ACRES L3 0 7 ' DEDICATION LITTLE ELM I.S.D. L4 ' "w 5' COUNTY CLERK FILE NO. VOL. 5077, PG, 2135 LS S 1' ' 6"W 29.65' 2007-46771 R.P.R.D,c.T. L6 S41'30'3.4-W 27.9V _ L7 O. 7' " 8: , ENTRY MONUMENT SIGN 1"=100' L$ S2 3B' 4" 28,12' AND LANDSCAPING ESM.T, L9 S08`.44`0 "W COUNTY CLERK FILE NO, L10 07'34' "W 1 2007-15562 L11 S1 , 3`58"W L12 8' 1' "W 28 7 ' p -S-I52 . L13 3*1 '0 ` 27.58' Ole k• L14 8 5 '23"W 27.76' POC L15 5• '4 ` 26.93' 6 1 `01' I3" -LI6-- S38 4" 28.35' 7 'Z7 R=1685.00' L17 S33-27'07'W 27.3 L=30.00' L18 18'55'17"W 26.7 T=15.00' L7 04 'S1'4 " 34. 9' ABERDEEN Al TRIBUTE 8 ChB=S27'07'34" L20 SO '17*E 14.06' 12 PHASE 1 5 ~'iffF Ch=30.00. L21 $0217'47-W 7'47» 30.3 g~Q 11 CAB, X, PG. 695 ~cM) L22 3 1 8.64 Ok + 14 rye. 4jj4 4~/ +t,/ s ~•~Rr 107 1A, BLACK I tbT IA, r (~►,t) COMMON AREA (uo. RO CBLOCK D OMMON k) 7` AREA ~ DUNVERNY THET LOCHS AT PHASE 1A ~p~q • CAB. K, PG. 693 . 17 v rv y 2 18 //I/ ~•b $ tc ABERDEEN AT TRIBUTE 47< PHASE i CAB, X. PG. 695 0 19 v 1s 5 W BLOCK I cod j ;IR " 20 ! 050 IRON ROD FOUND 17 cu CONTROL MONUMENT RAW RIGHT-OF-WAY LOT 2A, BLOCK I 16 BLOCK K COMMON AREA MATCti LINE Po: POINT OF OOAMMENCING m /1Poe POINT OF BEGINNING 15 BASIS OF BEARINGS: BASED ON MONUMENTS FOUND ALONG THE EAST LINE OF ABERDEEN AT TRIBUTE PHASE. { 1, AN ADDITION TO THE CITY OF THE COLONY, AS RECORDED IN CAB, X, PG, 695, DENTON COUNTY PLAT SCALE: DATE DRAWN PROJECT RECORDS, i"=inD' 1-15-08 MWH YIJADI04SMT- ACCESS(P).DWG 1.0 ow r EXHIBIT F 14' PUBLIC ACCESS EASEMENT SHEET 4 OF 4 LINE TABLE TRACT F LINE BEARING DISTANCE L23 S 5" 1' 5"W 8.85' L24 , . 0" ' L25 y ' « ' L26 31,140W 5. L27 mwol'03 " .19' L28 25'1 ' 0" 30.06' 1 "=l 00' L29 '35" . 0' 7 LOT 2A, BLOCK I 'v L30 06« ___M.33- COMMON AREA L31 ` 0'0 21B.60' BLOCK K MATW LINE --32 S02*15 . " , 7e L33 S09"5 '1 'W ---29,57' L34 0" 0° 'W 28.61Y °i L35 S '31" 3 L36 9 ' 29.,51$ 9 ti ' '~tL L,3 7 Q 634 4'10'34 W 2 191' L38 S20'-31'34*W 2 .64' L39 0 89' 10 o ' / tv a ,~q L40 025' 9«W L41 03 / ~z7 L42 .1 " 1' 11 J ,7f ( ~~-1 0 k. L43 eW 10 ,70' CIV L44 S 4' ' 1 "W 6.36' ABERDEEN AT TRIBUTE ~i PHASE 1 r1~ OCK A CAB. X, PG. 695 J y 2 I a LOT 2A, BLOCK I~,1~ cx ~~C COMMON AREA 22 0. CK I BLO 3 THE GLEN AT TRIBUTE PHASE I 1 cAt3, x, rec. 702 .r 24 _ L4 4 I<agRQ L4 m R~gQ~f ~DT+h' r os 8` IRON ROD FOUND DDNTROL MONUMENT RAW RIGHT-OF-WAY TTRACT 2 - 76.230 ACRES pw POINT OF COMMOONG rYNNWOOD PENINSULA VENTURE too POINT OF WGIMNING ITY CLERK'S FILE NO. 2006-43169 R.P.R.D.C.T. BASIS Or BEARINGS, BASED ON MONUMENTS FOUND ALONG THE EAST LINE OF ABERDEEN AT TRIBUTE PHASE 1, AN ADDITION TO THE CITY OF THE COLONY, AS RECORDED IN CAB. X, PG. 695, DENTON COUNTY PLAT SCALE: DATE DRAWN PROJECT RECORDS. 1`-iov 1-15-08 MWM WJAOID-ESMT- AC¢ESS(F).DYIG M)W le c -r C:T 1 o' PUBLIC ACCESS EASEMENT SHEET 1 OF LEGAL DESCRIPTION BEING a 'ten foot wide public access easement in the City of The Colony, Benton County, Texas, being a port of the B.B.B. & C.R,R. SURVEY, ABSTRACT No. 182, being a part of ;a 35.00 acre tract of land conveyed to little Elm (.5;4). as recorded In Volume 5077, Page 2135, Denton County Deed Records, said ten foot wide public access easement being 'five feet- either ;side of the following centerline description described--as follows: COMMENCING at the Intersection of the centerline of Stonefleld .(a 60 foot right-of--way) south 30 foot dedicated by Aberdeen at Tribute Phase 1, an addition to the City of The Colony as recorded in Cabinet X, Page 695, Denton County Plat Records, and the north 30 foot dedicated to the City of The Colony as recorded in County Cl+erk'.s File No. 2007-46771, Denton County Deed Records, With the west line ofLebanon Rood (a 120 foot right-of-way) dedicated to the City of The Colony as recorded In Cabinet W. Page 268, Denton County Plat Records; THENCE Nertheastedy, 54.98 feet along the west line of Lebanon Rood and the east line of sold north 30 foot right-of: -way dedication following a curve to the right having a central angle of 01' degrees 52 minutes 12 it a; radius of 1685:00 feet; a tangent of 27:50 feet, whose chord' bears N6rth 28 degrees 34 minutes 15 seconds, East, 55:00 feet to a five-elghths inch Iron rod found at the southeost corner of sold 35.00 acre tract; THENCE South 73 degrees 22 minutes 03 seconds West, 27.44 feet along. the north line of said north 30 foot'. right=-of way dedication and the south line of said. 35.00 acre tract to the 00INt OF BEGINNING of the centerline of said -ten foot public access easement; THENCE along the centerline of sold 10 foot Public Access Easement as follows: North 24 degrees 20 minutes 37 seconds East, 18:01 feet to a point for corner; North 19 degrees 53 minutes 27 seconds East, 2'6.49 feet to- a point for corner; North 23 degrees 31 minutes 26 seconds East, 25.36 feet to a point for corner; North 40 degrees 33 minutes 45 seconds East, 25.72 feet to a point for comer; North 39 degrees 57 minutes 21 seconds East, :26.65 feet to a point for comer North 1$ degrees 55 minutes 30 seconds East, 28.21 feet to a point for corner; North 03 degrees 42 miriu{es 65 seconds East, 27.47 feet to a point for corner, North 07 degrees 12 minutes 16 seconds :East, 16;99 feet to a point for comer; North 22 degrees `10 minutes 19 seconds East, 26.80 feet to a point for corner North 43 degrees 22 minutes 30 seconds 'East, 2616 feet to a point. for comer; North 5Z degrees 27 minutes 44.seconds East, 32.64 feet to a point for corner; North. 57 degrees .35 minutes 15- seconds East, 27.16 feet to o point for corner; North 71 degrees 58 minutes 15 seconds East, 14.73 feet to a point for comer; South fig degrees 46 minutes 23, seconds. East, 11:23 feet to a poiti't for comer; South 57 degrees 23 minutes 61 setohds East, 16.74 feet to the- end of sold ten foot public access easement, said point being in the east line of said 35.00 acre tract, sold print also being In the west line of Lebanon Road and containing 3,505 square feet or 0.060 acres of land. SCALE.' DATE DRAWN F#0JE67' 1-15-08 MWN W;►Ao10-E51A? AQCESS(QTltf]t)GYYD ci . 10' PUBW ACCESS EASEMENT SHEET 2 OF 2 -rv-Ac~r- LINE TABLE ) LINE BEARING DISTANCE Li N2470-37"E is,011 L2 L3 N23*3-1'2rE .36' 0s, a• IRON ROD FOUND 0 ~N 9`57' 1" CONTROL MONUMENT 1 100, LIS ' " Fox RICNT-CF-•WAY L7 N0342-55,-E- Poc PONT OF COMMENGING , L8 7't,1fi« L9 N22'10' 9"'E 0' ro® #dNT OF BEGINNING L1O 2'- 0"E ' L11 ' " ' L12 N5 7 `35'I 5"E 27,16' L13 7 8V1 L1+4 S69•+46 3" ~ L15 7 3'01" , 35.00 ACRES 1%; LITTLE ELM I.S.D,~~? lb VOL. 5077, PG. 2135 R.P.R.D.C.T. 30' STREET R.O.W. ~v 4 DEDICATION COUNTY CLERK FILE NO. ff <F. 2007-46771 _ -I%.. sti fl ENTRY MONUMENT SIGN 404) AND LANDSCAPING ESMT.~~ / COUNTY CLERK FILE NO. V 2007-15562 L %K (60, PW L~~ THE LOCHS AT TRIBUTE O 573'22 X3 W PHASE 1A 614 8'iR 27.44' CAB. X. PG. 693 4 5 I ~ fi 01) LOT 2A, 6 BLOCK B / 7 P A~1°52'12" COMMON AREA 3 R=1685.00' L=64.909' ABERDEEN AT TRIBUTE 8 T=27.50' 6400}f ;Z NA CAB, X. PG. 695 ' ChB=N28'3$'15"E 49 ~Qy ~1 Ch=55.00 ® 10 k e v < 2 b IV 0 1 ARIBUTE Ip~, THE LOCHS PHASE Rp(/ LOT 1A, BLOCK D CAB. X, PG. 693 COMMON AREA LOT IA. BLOCK I ' I'OMMON AREA BASIS OF BEARINGS BASED ON MONUMENTS FOUND ALONG THE EAST LINE OF ABERDEEN AT TRIBUTE PHASE 1, AN ADDITION TO THE CITY OF THE COLONY, AS RECORDED IN CAB. X. PG. 695, DENTON COUNTY PLAT SCALE: DATE DRAWN PRDJECT RECORDS. 1'=700' 1-15-08 MWN AWCEESSS( ~E R).6W C.(OTHE):DWG EXHIBIT A 10' PUBLIC ACCESS EASEMENT SHEET 1 OF 3 TRACT H LEGAL DESCRIPTION (TRACT H) BEING a ten foot wide public access easement in the City of The Colony, Denton County, Texas, being a part of the B.B.B. do C.R.R. SURVEY, ABSTRACT No. 182, being a part of the following: Lot IA. Block F. Common Area, and Lot 2A, Block F, Common Area, The Glen at Tribute. Phase 1, an addition to the City of The Colony as recorded in Cabinet X, Page 702, Denton County Plot Records, said ten foot wide public access easement being five feet either side of the following centerline description described as follows: COMMENCING at a five-eighths inch iron rod found at the north corner of sold Lot 2A. said point being the west corner of sold Lot 1A, said point also being in the east line of Lebanon Road (a 120 foot right-of-way) dedicated to the City of The Colony as recorded in Cabinet W, Page 269, Denton County Plot Records; THENCE South 55 degrees 30 minutes 32 seconds East. 34.08 feet to the POINT OF BEGINNING of the centerline of sold ten foot public access easement; THENCE along the centerline of sold 10 foot Public Access Easement as follows: South 53 degrees 02 minutes 02 seconds East, 36.65 feet to a point for corner; South 45 degrees 30 minutes 59 seconds East, 23.46 feet to a point for corner. Southeasterly, 89.23 feet along a non-tangent curve to the left which has a central angle of 18 degrees 27 minutes 29 seconds. a radius of 276.99 feet, a tangent of 45.01 feet, and whose chord bears South 47 degrees 42 minutes 33 seconds East, 88.85 feet to a point for corner; South 69 degrees 10 minutes 40 seconds East, 67.68 feet to a point for comer, Southeasterly, 32.92 feet along a non-tangent curve to the right which has a central angle of 21 degrees 06 minutes 45 seconds, a radius of 89.33 feet, a tangent of 16.65 feet, and whose chord bears South 57 degrees 45 minutes 30 seconds East, 32.73 feet to a point for corner; South 47 degrees 48 minutes 55 seconds East, 81.84 feet to a point for comer; South 58 degrees 35 minutes 02 seconds East, 40.35 feet to a point for comer; Southeasterly, 82.16 feet along a non-tangent curve to the right which has a central angle of 37 degrees 08 minutes 45 seconds, a radius of 126.73 feet, a tangent of 42.58 feet, and whose chord bears South 48 degrees 09 minutes 24 seconds East, 80.73 feet to a point for corner; South 32 degrees 17 minutes 20 seconds East, 30.29 feet to a point for comer Southeasterly. 143.49 feet along a non-tangent curve to the left which has a central angle of 44 degrees 27 minutes 14 seconds, a radius of 184.95 feet, a tangent of 75.58 feet, and whose chord bears South 57 degrees 29 minutes 50 seconds East, 139.92 feet to a point for cornet, Southeasterly, 185.90 feet along a non-tangent curve to the right which has a central angle of 49 degrees 57 minutes 57 seconds, a radius of 213.18 feet, a tangent of 99.33 feet, and whose chord bears South 47 degrees 57 minutes 58 seconds East. 180.07 feet to a point for corner Southeasterly. 111.53 feet along a non--tangent curve to the left which has a central angle of 59 degrees 02 minutes 39 seconds. a radius of 108.23 feet, a tangent of 61.29 feet, and whose chord bears South 60 degrees 13 minutes 01 seconds East, 106.66 feet to a point for corner North 88 degrees 37 minutes 20 seconds East, 41.30 feet to a point for corner; North 74 degrees 36 minutes 56 seconds East. 30.08 feet to the end of said ten foot public access easement, said point being in the southwest line of Lot 4A. Block F. Common Area, said The Glen at Tribute, Phase 1, in all containing 9,969 square feet or 0.229 acres of land. SCALE: DATE DRAWN WJA&IT- 2-4-10 SEH (GLEN LOT 2A).DWG M: I4}}LLL ..1*~ 1 q.6 F., l.tl BY Tm: s a01p EXHIBIT A 10' PUBLIC ACCESS EASEMENT SHEET 2 OF 3 TRACT H LINE TABLE LINE BEARING DISTANCE LOT 1A, 2 L1 3"02'WE 36.65' BLOCK B L2 S45'30'59"E 2146' COMMON AREA BLOCK B ~ 2 -N L3 S69'10'40" 67.68' 3 ~ y L4 s4r48!WE 81,84! ~ o G L5 S58*35'O ' 40.35' L6 S3 '1 0"E 3 3 N88'37'S8"E 30.08' W) 41.30' A? /RF 9~ OC ~A. r/ coy 4R,, M OM 2p'2 A 4z - THE GLEN AT TRIBUTE 4 ~ v PHASE 1 BLOCK C J CAB. X. PG. 702 Poc S55'30'32"E / 5/ a) F BLOCK F 34.08 (CM 2 \ 3 46 BALIAERINO AT TRIBUTE PHASE 1 6&' 5 CAB. X. PG. 817 c rPiQ~F tsrr LOT 1A. BLOCK B COMMON AREA 0 4- l \ ti9 6y` ,0?\~ N N IRON ROD FOUND \ I CONIRM TRACT W. ~~,~wA~T 1 344.166 ACRE POINT OF DICING WYNNWOOD PENINSULA VENTURE 1"=1001 D.C.C.F.~ 2006-43169 I ~ PORIT OF BEt;INNNrG UTiLJTY EASEMENT BASIS OF BEARINGS: BASED ON MONUMENTS FOUND DRAMUGE EASEMENT ALONG THE SOUTH LINE OF GLENDEVON (A 83' R.O.W) DEDICATED BY PLAT, THE GLEN AT TRIBUTE PHASE 1. SCALE: PATE pRAyyN PROJECT AS RECORDED IN CAB. X, PG. 702, DENTON COUNTY WJAT~OF~►AT- PLAT RECORDS. 1'ffi1D0' 2-4-10 SEFI (GLEN LOT 2A).DWG s+~.sts - e . s za x .n., EXHIBIT A 11Y PUBUC ACCESS EASEMENT SHEET 3 OF 3 TRACT H CURVE TABLE NO. DELTA RADIUS LENGTH TANGENT CHORD BEARING CHORD C1 18'27'29" 276.99' 89.2S 45.01' S 47'42'33" E WSW C2 21-06-45- 89.33' 9 ' 16.65' S 57'45'30" 73' C3 37'0845" 126,73' 16' 42,W S 48-09-24- E 80.73' C4 '2T ' 143.49' 75-58' S 7'29'Sb" 139.92* C5 49"5757" 13.18' 185.9 0, 99.33' S 4 7`58' E 180.07' C6 9 08.23' 111.53' 61.29' S 60'13' 1" 106,66' THE GLEN AT TRIBUTE 7 PHASE 1 CAB. X, PG. 702 col M~ 9 (so, to BLOCK F ~ 12 4 LOT COMMON AREA 107 14 N LEG= °NM ROD FOUND OON7M MONUMENT N. fWW-OF-WAY POINT OF OOM MENCNrG 1 "=100 POINT OF DEON04M BASIS OF BEARINGS: BASED ON MONUMENTS FOUND U711JTY EASEMENT ALONG THE SOUTH LINE OF GLENDEVON (A 83' R.O.W.) DRAINAGE EASEMENT DEDICATED BY PLAT, THE GLEN AT TRIBUTE PHASE 1, 1"=100' 2-4-10 SEH ACN CAB. X, PG. 702, DENTON COUNTY SCALE: DATE DRAWN WJAppR4 D2iA).DWG PLAT RECORDED ORDSI (GLEN LU, m .waio- s • - • oa,a s en m. - ~ . SRACT 0 w a K .r LT A y w r c a ! N so r sal 7 J 1RACT r ~ • ~ ; a - i j+a 4 /y _ ?*ACT C awn _ f f 3 7ltAC7 0 yi M , tn~ i •r-~-» EXHIBIT - (OVERALL MAP) ~D~"'" ~ ~ ~ 10 PUB C ACC EASEMENTS THE TRIBUTE - u7 r OF 7HE COLONY DMOM MINTY, TEXAS