HomeMy WebLinkAboutResolution No. 2010-039CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010-Q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AUTHORIZING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF THE COLONY AND
THE LEGENDS TEXAS HOMEOWNERS ASSOCIATION, INC.,
FOR CONVEYANCE OF OWNERSHIP, IMPROVEMENTS AND
MAINTENANCE OF THE AREA DESCRIBED AS THE BEDFORD
ALLEY CLOSURE; THAT SAID AGREEMENT IS ATTACHED
AS EXHIBIT A; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council of the City of The Colony, Texas desires to convey
to the Legends Texas Homeowners Association, Inc. by QuitClaim Deed the property as
described as the Bedford Alley Closure; and
WHEREAS, the Legends Texas Homeowners Association, Inc. desires to accept
said property, and to provide ongoing maintenance and improvements; and
WHEREAS, the City Council has determined it to be in the City's best interest to
enter into this Agreement with the Legends Texas Homeowners Association, Inc. to
establish responsibilities of both parties, and to facilitate conveyance of ownership,
ongoing maintenance and improvements to the Bedford Alley Closure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. That the City Council of the City of The Colony, Texas hereby
authorizes the city manager to execute a Development Agreement between the City of
The Colony and the Legends Texas Homeowners Association, Inc., which is attached
hereto and incorporated herein as Exhibit A.
Section 2. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this the 4th day of May, 2010.
AT SLTwt �..-
Christie Wilson, TRA , City Secretary
APPR,QVED AS TO FORM:
J f Moo City Attorney
v G
Jo McCoui , Mayor
ity of Tl} olony, Texas
STATE OF TEXAS §
§ Development Agreement
COUNTY OF DENTON §
This Development Agreement (hereinafter referred to as the "Agreement") is entered into
by and between the City of The Colony, Texas, a Texas home rule municipality (hereinafter
referred to as the "City") and Legends Texas Homeowners Association, Inc. (hereinafter referred
to as the "HOA").
WITNESSETH:
WHEREAS, the City of The Colony, Texas, is a home rule municipality created and
operating pursuant to Article XI, Section 5 of the Texas Constitution and its Home Rule Charter,
and is located within Denton County, Texas; and
WHEREAS, the HOA is a homeowners association located within the City of The
Colony, Denton County, Texas; and
WHEREAS, the City and HOA agree it is in the best interest of the public to work
together to facilitate improvements to the Bedford Alley closure, located within the city of The
Colony, Texas.
NOW THEREFORE, based on the mutual promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
Article I
Definitions
Wherever used in this Agreement, the following terms shall have the meanings ascribed
to them:
"Abandoned Alley Property" means the 1,997 square feet or 0.046 acre of land in the R.P.
Hardin Survey Abstract No. 611, and the B.B.B. & C.R.R. Survey, Abstract No. 172, City of The
Colony, Denton County, Texas, more particularly described in Exhibit A and depicted on
Exhibit B of this Agreement which is attached hereto and incorporated herein for all purposes.
"Agreement" shall mean this Development Agreement.
"City" shall mean the City of The Colony, Texas.
"Effective Date" shall mean the last date of execution hereof.
"Expiration Date" shall mean ten (10) years from the Effective Date.
"HOA" shall mean Legends Texas Homeowners Association, Inc., located within the
City of The Colony, Denton County, Texas.
"HOA Property" shall mean the 952 square feet or 0.022 acres of land in the B.B.B. &
C.R.R. Survey, Abstract No. 172, City of The Colony, Denton County, Texas, more particularly
described and depicted in Exhibit C of this Agreement which is attached hereto and incorporated
herein for all purposes.
"Impositions" shall mean all taxes, assessments, use and occupancy taxes, charges,
excises, license and permit fees and other charges whether general or special, ordinary or
extraordinary, foreseen or unforeseen, which are or may be assessed, charged, levied, or imposed
by any public or governmental authority on the Grantee or either of them with respect to the
Property or any property or any business owned by the Grantee within the City.
Article II
Term
The term of this Agreement (hereinafter referred to as the "Term") shall begin on the last
date of execution hereof (hereinafter referred to as the "Effective Date") and continue until the
Expiration Date, unless sooner terminated as provided herein.
Article III
HOA's Affirmative Obligations
3.1 The HOA covenants and agrees to accept from the City the HOA Property which
is a portion of the Abandoned Alley Property, and which is described and depicted in Exhibit C
of this Agreement. Further, HOA covenants and agrees to provide to City, within ten (10) days
of execution of this Agreement, 2009 tax receipts for the HOA's real property.
3.2 The HOA covenants and agrees to not close and shall keep open to the general
public access between the HOA and City trail for pedestrian and bicycle access, as generally
depicted in Exhibit F of this Agreement, except during periods of routine repair and
maintenance not to exceed thirty (30) days.
3.3 The HOA covenants and agrees to provide at its sole cost and expense ongoing
maintenance, including water, and electric utility costs, for all improvements made by the HOA
and the City on the HOA side of the alley closure, as generally depicted in Exhibit F of this
Agreement.
3.4 The HOA covenants and agrees that the City is not responsible to provide any
additional alterations or improvements on the HOA side of the alley closure, as generally
depicted in Exhibit F of this Agreement.
3.5 The HOA covenants and agrees to provide any additional improvements that the
HOA determines, in its sole discretion, to be necessary for the ongoing maintenance of the HOA
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Development Agreement
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side of the alley closure, as generally depicted in Exhibit F of this Agreement. The requirement
to provide additional improvements includes, but is not limited to, the provision by the HOA of
electricity, and additional posts or bollards for the site.
Article IV
City's Affirmative Obligations
4.1 The City covenants and agrees to survey and replat the Abandoned Alley Property
at its sole expense, a copy of the replat is attached as Exhibit E of this Agreement. The City
shall publicly record the replat within forty-five (45) days of full execution of this Agreement.
4.2 The City covenants and agrees to convey the HOA Property to the HOA by quit
claim deed within fifteen (15) days of full execution of this Agreement. A copy of the quit claim
deed is attached hereto as Exhibit D of this Agreement.
4.3 The City covenants and agrees to fund all improvements as depicted in the
proposal from the HOA Board, which is attached hereto as Exhibit G of this Agreement. The
HOA has the right to review all contractors who are to perform work under this Agreement. The
City shall directly pay all service providers for all costs associated with the improvements it has
agreed to provide herein. The City shall timely pay all costs associated with the improvements it
has agreed to provide herein. The City agrees to provide a release of any and all mechanic's and
materialmen's liens from each contractor performing work on the HOA Property. The City shall
obtain such releases within thirty (30) days of completion of the installation of the improvements
described herein.
4.4 The City shall have the right to obtain additional bids on the improvements to
ensure the HOA contractor costs are at fair market value. A requirement for any contractor who
performs work on the project is to provide a one (1) year warranty on their work in favor of the
HOA. The HOA has a right to review any such bids and contractors.
4.5 The City covenants and agrees to construct or cause to be constructed the
following: remove concrete; install curbs; install decorative posts; install backfill, sod and
signage as generally depicted in Exhibit F of this Agreement. Additionally, the City covenants
and agrees to construct or cause to be constructed a barrier for the north side of the alley closure
as generally depicted in Exhibit F of this Agreement. Said alley closure shall compliment the
landscape barriers being installed on the HOA side of the property, as generally depicted in
Exhibit F of this Agreement. The City will provide evidence that each contractor who works on
the project discussed herein has adequate liability insurance, in the amount of at least $1,000,000
per occurrence, to protect the HOA against personal injury or property damage.
4.6 The City covenants and agrees to provide access to the HOA, its agents,
contractors and employees to the power pole located at the south end of Slay/Baker Park at the
trail crossing for electrical service and installation of irrigation controllers needed by the HOA
for operation of their irrigation system at that location.
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Article V
Termination
5.1 Termination. This Agreement shall terminate upon any one or more of the
following: (a) by written agreement of the parties; (b) the Expiration Date; (c) by either party in
the event the other party breaches or defaults on any of the terms or conditions of this Agreement
and such breach is not cured within thirty (30) days after written notice thereof is provided to the
breaching or defaulting party; (d) by the City, if the HOA suffers an Event of Bankruptcy or
Insolvency; (e) by the City, if any impositions including, but not limited to payment of ad
valorem taxes, payment in lieu of taxes, building fees, or other obligations owed to the City or
the State of Texas by the HOA (collectively, the "Impositions") shall become delinquent and
such breach is not cured within thirty (30) days after written notice thereof is provided to the
breaching or defaulting party (provided, however, the HOA retains the right to pay such
Impositions and to timely and properly protest and contest any such Impositions); and (f) by
either party, if any subsequent Federal or State legislation or any decision of a court of
competent jurisdiction declares or renders this Agreement invalid, illegal or unenforceable.
Article VI
Miscellaneous
6.1 Binding Agreement; Assignment. The terms and conditions of this Agreement
are binding upon the successors and assigns of all parties hereto. This Agreement may be
assigned, without the consent of the City, to any Affiliate, but otherwise shall not be assigned
without the express written consent of the City. Such consent shall not be unreasonably
withheld, conditioned or delayed.
6.2 Limitation on Liability; Indemnification. It is acknowledged and agreed by the
parties that the terms hereof are not intended to and shall not be deemed to create a partnership or
joint venture between the City and HOA. It is understood and agreed between the parties that the
HOA, in satisfying the conditions of this Agreement, has acted independently and the City
assumes no responsibilities or liabilities to third parties in connection with these actions. The
Parties agree to indemnify and hold harmless each other from all claims, legal actions, liabilities
and expenses, including reasonable attorneys' fees, of any nature whatsoever arising out of their
performance of the terms and conditions of this Agreement.
6.3 Authorization. Each party represents that it has full capacity and authority to
grant all rights and assume all obligations that are granted and assumed under this Agreement.
6.4 Notice. Any notice required or permitted to be delivered hereunder shall be
deemed received three (3) days following the date on which such notice is sent by certified
United States Mail, postage prepaid, return receipt requested, addressed to the party at the
address set forth below or on the day actually received as sent by courier or otherwise hand
delivered.
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If intended for the CITY, to:
City of The Colony
6800 Main Street
The Colony, Texas 75056-1133
Attn: Tony Johnston, City Manager
If intended for the HOA, to:
Principal Management Group, AAMC, AMO
An Associa Member Company
Attn: Meredith Nguyen, CMCA
3211 Internet Blvd, Suite 370
Frisco, Texas 75034
With a copy to:
Jeff Moore
Brown and Hofmeister, L.L.P.
740 East Campbell Road, Suite 800
Richardson, Texas 75081
With a copy to:
Dean A. Riddle
Riddle & Williams P.C.
3710 Rawlins St., Suite 1400
Dallas, Texas 75219
6.5 Entire Agreement. This Agreement is the entire Agreement between the parties
with respect to the subject matter covered in this Agreement. There are no other collateral oral
or written Agreements between the parties that in any manner relate to the subject matter of this
Agreement, except as provided in any Exhibits attached hereto.
6.6 Governing Law; Venue. The Agreement shall be governed by and construed in
accordance with the laws and court decisions of the State of Texas and exclusive venue for any
action concerning this Agreement shall be in the state district courts of Denton County, Texas.
6.7 Amendment. This Agreement may be amended solely by the mutual written
agreement of the parties.
6.8 Legal Construction. In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect,
such invalidity, illegality or unenforceability shall not affect other provisions and it is the
intention of the parties to this Agreement that in lieu of each provision that is found to be illegal,
invalid, or unenforceable, a provision shall be added to this Agreement which is legal, valid and
enforceable and is as similar in terms as possible to the provision found to be illegal, invalid or
unenforceable.
6.9 Recitals. The recitals to this Agreement are incorporated herein.
6.10 Counterparts. This Agreement may be executed in counterparts. Each of the
counterparts shall be deemed an original instrument, but all of the counterparts shall constitute
one and the same instrument.
6.11 Exhibits. Any exhibits to this Agreement are incorporated herein by reference for
all purposes wherever reference is made to the same.
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6.12 Survival of Covenants. Any of the representations, warranties, covenants and
obligations of the parties, as well as any rights and benefits of the parties pertaining to a period
of time following the termination of this Agreement shall survive termination.
[The Remainder of this Page Intentionally Left Blank]
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Development Agreement
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�
EXECUTED on this -'L "-'day of , 2010.
CITY OF THE COLONY, TEXAS,
By:
Tony to , City Manager
EXECUTED on this day of , 2010.
LEGENDS TEXAS HOMEOWNERS
ASSOCIATION, INC.
By: ,,Ar V
Name: Mel -V SS
Title: �-e GTC K—
Development Agreement
4/28/2010 3:16:32 PM
Page 7 of 32
CITY'S ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the
2010, by Tony Johnston, City Manager of the City of The
behalf of said municipality.
►�� v i`4"'� ChfRstie Neu Wilson
t m,�
NS
�°�s°c•`� otary pubik.
_✓.,, r¢ State of Texas
�.„Wa, Comm. Fxp. t t •x2- t 3 �
STATE OF TEXAS
COUNTY OF DENTON
'7 day of
Colony, a Texas m icipality, on
t
N'biary, Public, State of Texas
HOA'S ACKNOWLEDGMENT
This instrument was acknowledged before me on the day of 1)-)" ,
2010, by , <.-- N' �. � F. I -) ss , D �. r c c. * of Legends Texas -Homeowners
Association, Inc., on behalf of said home owners association.
Notary Public, State of Texa
N,.t
�+�`�°�`��'r� iERRI CROSBY SKILINAN
Notify F�ljbk, Stats a! Texas
°. rr� Aly Csmm!ss19n Expltes 01.15.11
�,i..»' �eaa
Development Agreement
4/28/2010 3:16:32 PM
Page 8 of 32
Exhibit A
Legal Description
of
Abandoned Alley Property
Development Agreement
4/28/2010 3:16:32 PM
Page 9 of 32
EXHIBIT "A"
LEGAL DESCRIPTION
ALLEY ABANDONMENT AREA
BEING 0.046 acre of land located in the R. P. HARDIN SURVEY, ABSTRACT
NO. 611, and the B.B.B..& C.R.R. SURVEY, ABSTRACT NO, 172, The Colony,
Denton County, Texas, and being a portion of the tract of land conveyed to The
City of The Colony by the decd recorded in Volume 1121, Pagc 992, of the Deed
Records of Denton County, Texas, and the Northern portion of a tract of land
dedicated as an alley between Block A and Block F, Legend Crest, Phase II, an
addition to the City of The Colony, Denton County, Texas, according to the plat
recorded in Cabinet R, Slide 151 of the Plat Records of Denton County, Texas.
Said 0.046 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a point at the Southwest corner of the aforesaid City of The
Colony Tract recorded in Volume 1121, Page 992, and said POINT OF
BEGINNING also being the Southeast corner of Lot 1, Block 70, The Colony No.
11, an addition to the City of The Colony, Denton County, Texas, according to
the plat recorded in Cabinet J. Slide 364 of the Plat Records of Denton County,
Texas, and said POINT OF BEGINNING also being located S 00° 27' 30' E
124.87 feet, THENCE N 89` 30' 56" E 52.52 feet, from a '/2" iron rod found
marking the Northwest corner of said Lot 1, Block 70, The Colony No. 11
addition:
THENCE N 15' 021 56" E 21.73 feet, along the East boundary line of said
Lot 1 and the Wesi boundary line of said City of The Colony Tract, to a
point;
THENCE N 89' 38'41" E 51.05 feet, severing said City of The Colony
Tract, to a point in the East boundary line of said City of The Colony Tract,
and the Northwest corner of the Western end, and terminus of the 20 -foot -
wide alley shown on the re -plat of Block 162 of The Colony No. 22, an
addition to the City of The Colony, Denton County, Texas, according to
the plat recorded in Cabinet B, Slide 255 of the Plat Records of Denton
County, Texas;
THENCE. S 15" 10' 41" W 20.76 feet, along the Test end of said 20 -foot -
wide alley and the East boundary line of said City of The Colony Tract,
to a '/z" iron rod marked "Brittain & Crawford", set at the Southeast corner
of City of The Colony Tract, and the Southwest corner of the Western
end, and terminus of said 20 -foot -wide alley, lying in the North boundary
line of the area dedicated as an alley North of Lot 1, Block G on the
plat of Legend Crest, Phase II, an addition to the City of The Colony,
Denton County, Texas, according to the plat recorded in Cabinet R, Slide
151 of the Plat Records of Denton County, Texas:
Page 10 of 32
Development Agreement
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THENCE N 89" 38' 41" E 11.65 feet, along the South boundary line of
the aforesaid 20 -foot -wide alley in Block 162 of The Colony No. 22, and
the North boundary line of the alley dedicated on the plat of Legend Crest,
Phase II .Addition, to a '/," iron rod marked "Brittain & Crawford", set;
THENCE S 14' 51' 4921 W 52.72 feet, crossing said Legend Crest alley to
a point in the East boundary line of aforesaid Lot 1, Block G, Legend
Crest, Phase 11;
THENCE along the North boundary line of said Lot 1, Block G, as follows:
". NORTHWESTERLY 37.17 feet, along a curve to the left, having a
radius of 40.00 feet, a central angle of 53°0805", and a chord bearing
N 11 42' 05" W 35.78 feet, to a point at the end of said curve., and the
beginning of another curve to the left;
2. NORTHWESTERLY 19 31 feet. along said curve to the left, having
a radius of 15.00 feet, a central angle of 73'44'23', and a chord
bearing N 75` 08' 11" W 18.00 feet, to a point at the end of said curve
and the beginning of another curve to the left:
SOUTH V-JESTERLY 37.10 feet, along said curve to the left. having
a radius of 40,00 feet, a central angle of 53'08'05-. and a chord
bearing S 41" 25'44" W 35.78 feet, to a point;
THENCE N 14`� 51'49" E 38.34 feet, severing said dedicated alley by
Legend Crest, Phase 11, to a Y2" iron rod marked "Brittain & Crawford", set
in the North boundary line of said Legend Crest Addition, being the South
boundary line of the aforesaid City of The Colony Tract;
THENCE S W 35'02" W 10.89 feet, along the North boundary line of
said dedicated alley and the South boundary line of said City of The
Colony Tract, to the POINT OF BEGINNING containing 0.045 acre (1,997
square feet) of land.
G 71D1 D,.tFCA.5'CITY OF THE COLONY -ALLEY VACATION
Development Agreement
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Page 11 of 32
Exhibit B
Depiction
of
Abandoned Alley Property
Development Agreement
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Page 12 of 32
EXHIBIT "B"
Cn 4 t I
7: 0.046 ACRE
9 - S C-, I C • E E T
ca c7r� N 89'38 41 E
05
6 N Wcj�;M'41' F
N 8
POINT OF B 'Ni- ci7-
l. ' i ,� �z T.
S 8 2 " W cl�
THE CITY OF THE COLONY, DE.NTON COU-NTY. TEXAS
ALLEY VACATION
EXHIBIT MAP
IJ
1AZITTAIN & OF
OF 7x:
0.046 ACRE OF LAND -s,
<
TOPOGRAPHIC WAPPING
LOCATED IN
THE R.P. HARDIN SURVEY ABSTRACT
Q5
No, 611. AND THE B.B.B & C.R.R.
SURVEY, ABSTRACT No. 172,
DENTON COUNTY, TEXAS
Page 13 of 32
Development Agreement
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P is T
AF ='Rj Q�4-F Q--ATION
"S I
LO 2 U K
'r
-�,T 57,
CPL S7
LLL',i'4` CREST,
PHASE
I
_DDL lb'
N
I sI P N
-,,,ST[('
Rcl'6 W'11 [1 F1
CAP MARKED
6
BF1,11"TA] IN- C RA WF PD
BEARING BASE:
7 THE FIEARIN(jS S11011N HEPEDN'
ARF STATF PLANE' GF411) REAPIN(;5
(NAb HU) FOR THE TEXAS NOR111
CENTRAL ZONE (42102 ' I
Curve R3ctlus
le Igu)
i O'dita
";hc7c HRar.
LSIABLISHED L;SiNG THE GLOBAL
Ct 40, 00
37.10'
G2'08 05
05.7a
r,
-10NING SYSTEM SATELLITES,
Pos! I I
LOCAL CONNUOUSL)
AND 'U
C2 5 . "I'D 1
1 C -i 1 40. UO 1
19.2, 1
:4� 7
f 73-44'2V
2,
OPEMMNG REFTNENCE STATIONS.
THE CITY OF THE COLONY, DE.NTON COU-NTY. TEXAS
ALLEY VACATION
EXHIBIT MAP
IJ
1AZITTAIN & OF
OF 7x:
0.046 ACRE OF LAND -s,
<
TOPOGRAPHIC WAPPING
LOCATED IN
THE R.P. HARDIN SURVEY ABSTRACT
Q5
No, 611. AND THE B.B.B & C.R.R.
SURVEY, ABSTRACT No. 172,
DENTON COUNTY, TEXAS
Page 13 of 32
Development Agreement
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Exhibit C
Legal Description and Depiction
of
HOA Property
Development Agreement
4/28/2010 3:16:32 PM
Page 14 of 32
EXHIBIT "A"
LEGAL DESCRIPTION
BEING 0.022 acre ufland located in the B.B.B. & C.R.R. SURVEY, ABSTRACT
NO. 172, The Co|ony, Denton County, Texan, and being portion of the Northern
end of a tract Vfland dedicated auanalley between Block AundBlockF. Legend
Crest, Phase U. an addition to the City m/The Co|omy, Denton County. Texas.
acoo/cmg to the plat recorded in Cabinet R, Slide 151 of the Plat Records of
Denton County, Texas. Said 0-022 ocna of land being more particularly
described bymetes and bounds aofollows:
BEGINNING at m point in the *est boundary line of Lot 1, Block G of the
aforesaid Legend Crest, Phase || Add|dun, and said POINT OF BEGINNING
being located N 14" 51' 48^ E 330.83 fee{. from a 1.6^ iron rod marked "Brittain &
Crmw�ord'', set at the Southwest corner of said Lot 1. Block (S. Legend Crest,
Phase HAddition.
THENCE N 14°51'4Y~E 38.34 faet, severing tno aforesaid dedicated
alley to an ^X- cut in concrete net in the North boundary line of said
Legend Crest. Addition;
THENCE along the North boundary line of said Legend Crest Addition, being
the North boundary line of said dedicated alley. as follows:
1 NE0^ 35'02^E 40.38 faet, to an 7(^ out in concrete set at the
Southwvwmtcorner ofthe 20-footalley dedicated nnthe re -plat pfBlock
162 of The Colony No. 22, an addition to the City of The Colony,
Denton County, Texas, according to the plat recorded in Cabinet B.
Slide 255.ofthe Plat Records ofDenton County, Texas�
2 N89^38'41^E 11-65 feet, along the South boundary line of
the aforesaid 20-foot-w/de alley in Block 162 of The Colony No. 22 to
an''% - Gut inconcrete set,
7HENC£ S 14^ 51'49^VV 52 72 hyet, crossing said Legend Crest alley to
a point in the East boundary line of aforesaid Lot 1, Block G. Legend
Crest, Phase ll-,
THENCE along the North boundary line of said Lot 1, Block G. as follows:
NORTHWESTERLY 37-10 feet, along a curve to the k*h, having n
radius of 40.00 feet e central angle of 53'08'05", and o chord bearing
N 11° 42' O5~VV 35.78 feet, to a point edthe end of said curvm, and the
beginning oYanother curve tothe left.
Page 15 of 32
Development Agreement
2. NORTFIVIVESTERLY 19.31 feet, along said curve to the left, having
a radius of 15.00 feet, a central angle of 73°44'23. and a chord
bearing N 75* 081 11" W 18,00 feet, to a point at the end of said curve
and the beginning of another curve to the left:-
3.
eft;
3. SOUTHWESTERLY 37,10 feet, along said curve to the left. having
a radius of 40.00 feet, a central angle of 53'08'05 . and a chord
bearing S 41c 25' 44" W 35.78 feet, to the POINT OF BEGINNING
containing 0.022 acre (952 square feet) of land.
G 2M' LEOALS�CITY OF THE COLONY ... ALLEY VACATION 2
Development Agreement
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Page 16 of 32
BRITTAIN 'A'RAWFORD
EXHIBIT
"B"
4
OF
0.022 ACRE OF LAND
TOPU;—APHIC MAPPING
A,
LOCATED IN
'k
PA, L,
THE B.B.13 & C.R.R. SURVEY
SC1. r;EE-
ABSTRACT No. 172,
jj
DENTON COUNTY, TEXAS
zz s I: P"�
7
SCALE I"=30'
REARING BASE:
THE BEARINGS SHOWN HEREON
T
7r
NOTE:
R� AT
'0LJN)L
1,112" IWS=Jpos PODS ISLIT
7 1
CENTRAL (4202)
A F E I /",'- IRON RODS MARKED
u! i,� Del: E!
Clrrc
Chord Bear. ESTABLISHED USING THE (.',LOBAL
"BRIT'TAIN &- CP,4WFOPW'
3 7. 1, 1! F11-1 I 0T) ' rl
35.78
N V1411 of V., POSITIONIN(l. SY.STFNI SXTELLITES,
13'44 23.
18. of.)
N 7L,'Ub 01 AND LOCAI CON'T[NUM.—SLY
5310B 05,
35.'a
S 41-25 44- C' OPFFATINC, IIFFERFNCE STATIONS.
iV 88"35'02 E
N 89038'41"E
T
40.313'
11.65 �J' -'.0 I
S, 138'35'02"W/
CLAIM .
L
IN 1-1'51'49"E--
38.34'
u.
POINT_. OF BEGINNIN.
IGT '2, P.00K "F" 0.022 ACRE I
2 jJ11�1`11- LL�
-A-
BRITTAIN 'A'RAWFORD
EXHIBIT MAP
LAN:, SURVEYING
OF
0.022 ACRE OF LAND
TOPU;—APHIC MAPPING
A,
LOCATED IN
'k
PA, L,
THE B.B.13 & C.R.R. SURVEY
SC1. r;EE-
ABSTRACT No. 172,
jj
DENTON COUNTY, TEXAS
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SCALE I"=30'
REARING BASE:
THE BEARINGS SHOWN HEREON
ARE STATE PLANE GRID BEARINGS
R� AT
(NAD BW FOP THE TEXAS NORM
7 1
CENTRAL (4202)
CuL
u! i,� Del: E!
Clrrc
Chord Bear. ESTABLISHED USING THE (.',LOBAL
4J 0
3 7. 1, 1! F11-1 I 0T) ' rl
35.78
N V1411 of V., POSITIONIN(l. SY.STFNI SXTELLITES,
13'44 23.
18. of.)
N 7L,'Ub 01 AND LOCAI CON'T[NUM.—SLY
5310B 05,
35.'a
S 41-25 44- C' OPFFATINC, IIFFERFNCE STATIONS.
THE CITY of, THE
COLONY,
DENTON COUNTY, TEXAS
I
QUIT
CLAIM .
BRITTAIN 'A'RAWFORD
EXHIBIT MAP
LAN:, SURVEYING
OF
0.022 ACRE OF LAND
TOPU;—APHIC MAPPING
A,
LOCATED IN
17� 111 I Al
JAML F
PA, L,
THE B.B.13 & C.R.R. SURVEY
SC1. r;EE-
ABSTRACT No. 172,
jj
DENTON COUNTY, TEXAS
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Development Agreement
4/28/2010 3:16:32 PM
Page 17 of 32
Exhibit D
Quit Claim Deed
of
HOA Property
Development Agreement
4/28/2010 3:16:32 PM
Page 18 of 32
AFTER RECORDING, RETURN TO:
City Secretary
City of The Colony, Texas
6800 Main Street
The Colony, Texas 75056
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Q UITCLAW DEED
(Prepared without benefit of title examination)
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the CITY OF THE COLONY, TEXAS ("Grantor") a Texas home -rule municipality,
for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) cash in hand to
Grantor paid by LEGENDS TEXAS HOMEOWNERS ASSOCIATION, INC.,("Grantee"), the
receipt of which is hereby acknowledged, and other good and valuable consideration, the receipt
and sufficiency of which is hereby also acknowledged, has QUITCLAIMED, and by these presents
does QUITCLAIM unto the said Grantee all of Grantor's right, title, and interest in and to the
following described real estate, to -wit:
BEING 952 square feet or 0.022 acres of land in the B.B.B. & C.R.R. Survey,
Abstract No. 172, City of The Colony, Denton County, Texas, more
particularly described and depicted in Exhibit I attached hereto and made a
part hereof.
Together with all and singular Grantor's right, title, interest, estate, claim, and demand in and
to the hereditaments and appurtenances thereto belonging or in anywise pertaining.
Page 19 of 32
Development Agreement
4/28/2010 3:16:32 PM
TO HAVE AND TO HOLD all its right, title and interest to the above described property
and premises unto the said Grantee, Grantee's heirs, executors, administrators and assigns forever,
so that neither Grantor nor Grantor's successors or assigns shall have, claim or demand any right or
title to the aforesaid property, premises or appurtenances or any part thereof.
7-�t —
WITNESS THE GRANTOR'S HAND EFFECTIVE as of the day of
52010.
CITY OF THE COLONY, TEXAS
By:
Tonns n
City anager
ATTEST:
Christie Wilson
City Secretary
APPROVED AS TO FORM:
Jeff Moore
City Attorney
Page 20 of 32
Development Agreement
4/28/2010 3:16:32 PM
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the ` day of
, 2010, by TONY JOHNSTON, City Manager of the CITY OF THE C ONY,
TEXAS, a Texas municipal corporation, on behalf of said municipal corporation.
•' Y ----- tie Neu Wilson
dTex��
GRANTEE:
Accepted by:
'tea
Notary Public, State of Texas
LEGENDS TEXAS HOMEOWNERS ASSOCIATION, INC.,
By:
Name: I I US
Title:
Date:
Page 21 of 32
Development Agreement
4/28/2010 3:16:32 PM
Exhibit I
Legal Description and Depiction
of
0.022 Acre Tract of Land
Development Agreement
4/28/2010 3:16:32 PM
Page 22 of 32
EXHIBIT `:A"
LEGAL DESCRIPTION
BEING 0 022 acre of land located in the B.B.B. & C.R R. SURVEY, ABSTRACT
NO. 172, The Colony, Denton County, Texas, and being a portion of the Northern
end of a tract of land dedicated as an alley between Block A and 13,ock F, Legend
Crest Phase II, an addition to the City of The Colony, Denton County, Texas.
according to the plat recorded in Cabinet R, Slide 151 of the Plat Records of
Denton County, Texas Said 0.022 acre of land being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the ti;Vest boundary line of Lot 1, Block G of the
aforesaid Legend Crest, Phase II Addition, and said POINT OF BEGINNING
being located N 14` 51' 49" E :320.83 feet. from a ;:" iron rod marked `Brittain &
CraMord", set at the Southwest corner of said Lo' 1, Bloox G, Legend Crest,
PhasL 11 Addition:
1 I IENCL N 14' 51' 40' E 38.34 feet, severing the aforesaid dedicated
alley to an "X"' c,rt in concrete set in the North boundary line of said
Legend Crest Addition,
THL NCE along the North boundary line of said Legend Crest Addition, being
the North boundary line of said dedicated alley, as follows:
1 N 88' 35' 02" E 40 38 feet, to an "X" cut in concrete set at the
Southwest corner of the 20 -foot alley dedicated on the re -plat of Block
152 of The Colony No 22, an addition to the City of The Colony,
Denton County, Texas, according to the plat recorded in Cabinet B.
Slide 255, of the Plat Records of Denton County, Texas:
2. N 89' 38 41" E 11 65 feet, along the South boundary line of
the aforesaid 20 -foot -wide alley in Block 162 of The Colony No. 22 to
an "X" cut in conn rete- set,
7 I IE:NCE S 14` 51' 49" W 52 72 feet, crossing said Legend Crest alley to
a point in the East bounaary line of aforesaid Lot 1, Block G, Legend
Crest, Phase 11,
THENCE along the North boundary line of said Lot 1, Block G. as follows:
1. NORTHsNESTERLY 37.10 feet, along a curve to the left, hawing a
radius of 40.00 feat a central angle of 53"06`05 a:nd a chord bearing
N 11 ` 42' 05'" W 35.78 feet, to a point at the end of sad curve, and the
beginn.ng of another curve to the left,
Page 23 of 32
Development Agreement
4/28/2010 3:16:32 PM
2_ NORTHWESTERLY 19.31 feet, along said curve to the Left, having
a radius of 15.00 feet, a central angle of 73'44'23'. and a chord
bearing N 75' 08' 11' W 18,00 feet, to a point at the end of said 'curve
and the beginning of another curve to the left.
3 SOUTHWESTERLY 37.10 feet, along said curve to the left, having
a radius of 40.00 feet, a central angle of 53`08'05 , and a chord
bearing S 41` 25 44" %1V 35 78 feet, to the POINT OF BEGINNING
containing 0.022 acre (952 square feet) of land -
!:CITY C17 THE COLONY -A : I ry ON 7
and_
r[CITYC17THCCOLONY-A:'rY'd1N'+TiONi
Development Agreement
4/28/2010 3:16:32 PM
Page 24 of 32
EXHIBIT "B"
iT B. L C
I 1WDS SVI'
A 1, 1 1 F` 0 N R 0 11 S M A F.E E D
"11RITITAIN L LRAWFOPli"
r
F
N 88-35'01')" F N 89*38'41"E
40,38'
.j
S.88'35'02
"W'
P, E T,- 41)
N 14'51'49"13— till
38.34 c,
jPP-INjL OF BEGlNNI-11'i1'G---i-- 0i JR Y'L L N:
ui
OZ ACR
F
ARE FELI)
! -
7 i
E E
ir I
S L D' -
CA LE 1"=30'
RASE:
THE BEARIMS SHOAM HEREON
APE STATE PLANE GRID UEARING,5
F A 1 f (NAD Mi FOP THE TE AS NH,711P-
(ENTRAL Z0'4'
P .< L et fe, Chc-rd- bEar. 'THE (.;L11j8AL
I -15 N 11 " 4 ,.'05` 4'
tii,, nc.,
1 44 2 is. 1) N, Fh105 11, 61
c1c, 37. 10 53' OF 7 3 CC -'1-25 44' el OPERATING PFFFRENTL
TME L FF Y Of' THE COLONY, DENTIN C 0 U NTY, TEXAS
QUIT CLAIM
' EXHIBIT MAP
131"ITTAIN' FAWFOPI) .
OF �t Tyr
LAMI� SUVVEYLNG k
—7
0.022 ACRE OF LAND
tj111;RAP;1[c X1 A F F 1.111; G
LOCATED IN
THE P.D-H & C.H.R. SURVEY.16,
ABSTRACT No. 172,
DENTON COUNTY, TEXAS
Page 25 of 32
Development Agreement
4/28/2010 3:16:32 PM
Exhibit E
Replat
of
Abandoned Alley Property
Development Agreement
4/28/2010 3:16:32 PM
Page 26 of 32
o
F `
Development Agreement
4/28/2010 3:16:32 PM
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Page 27 of 32
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Development Agreement
4/28/2010 3:16:32 PM
S14 ORIVg
Page 27 of 32
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4/28/2010 3:16:32 PM
S14 ORIVg
Page 27 of 32
Exhibit F
Legends Alley Improvement — Concept Plan
And
Trail Drawing
Development Agreement
4/28/2010 3:16:32 PM
Page 28 of 32
PRIVAIE
PRcflmyy
';Ammow rrm r TAu cj% -o
-4-1 GLOB WrIth Sw L:,.
ExOthIs N"41CFE-E AILEI
x ?.0- 313MUS
PRIVATE
PROPERrY
,Z'1"T.11ASG
Legends Alley Improvement
City of The Colony Trail Systern- Concept Plan
Development Agreement
5/5/2010 10:08:20 AM
SQ 592
TIN
ALLEY
MOW- 0.4,
A—M SnIAN I Oak's Ix rtl
x Nr 7L" 1;-! 1...
4n,018
INST4" C&4nRFTF
C0414JOIC -,Xt,:qKr
CJM AhULT'L- *
PRIVATE
PRWiRTY
Page 29 of 32
04 r
Remove this bed
and edging
(possibly moving
plants to new beds)
Development Agreement
5/5/2010 10:08:20 AM
6 = Proposed new Meds
similar in material with
edging to match other beds
along our trail.
Page 30 of 32
� � V
Development Agreement
4/28/2010 3:16:32 PM
Exhibit G
Landscaping Estimate
Page 31 of 32
+`_;
BiH Kenned.,- Landscape
�r lir
t �• �� �Sfin• _ _
800 Fulgham Suite 1
;jWrrT
Piano. TX 75093MR
I
r
=rcne
972-398-3791-
72-398-3782Fax
� • _ - _
tit
'
Fax#
972-398-3548!Ro
E-mail
BKLdB£.L UrN.CO+S
Web Site
RRR.BSL�R I.0O3f
Name I Address
Alley Iepre5ent37o1
Tne Legends Texas Homeowners Association
Atm: Meredith Nguyen
3211 Intemet Blvd. Suite 370
Frisco. TX 750:-1
Va=sv-, Date Estimate #
-._ :23 2410 355
Item
Dcseription
Oty
Total
Superisio3D._. Supervision
and layrout
2
' .50.007
Labor Landsca.- Labor
to install plant material. mulch etc (includes removal and relocation of existing
30
1.050.00T
plant
materials)
Salvia 1
gallon
12
54.007
Sih�ergrass 33iscanthns
sinensis Taku Jima 3 gallon
26
390.007
Yucca Pendub 3
gallon
26
572.00T
_Liulch
Mulch. no float hardwood shredded mulch
3
135.00I
Metal -dging
Metal Edging
1D
260.00T
SOD L^iSTALL. Replace
turf to existing beds at alley approximately 160 sf
160
216.00T
Sod Prepare
area for sod & install Labor (entire ares) approximately 1200 sf of Bermuda sod
O.00T
$1620
Irrigation Since
the area of sod has been reduced in width. sprays will be necessary instead of rotors.
380.00
This
will require a little more work. We will also make sure to provide roam for .the future
trees.
L-rigation Elimination
of Bedford Alley. To accommodate the new turf area. irrigation will need to be
3J08 -OOT
extended
to the area. Mom. line and wire will be extended from the Inst existing calve_
approximately
-IOD- feet from the new area Battery operated solenoids will be used to
program
the automatic watering. Parts and Labor included
Irrigation Fu.
-them ore. the removal of the concrete will be an ideal opportmi y to provide electricity
1.-: 6. T
from
the electrical pole from the north and installing an electrical meter (by- others) for a
permaaeat
irrigation controller. A Ram -Bird pedestal controller vi ill provide proper
control
of the island. Rain and freeze sensors will be provided. All field wires will be 14G3
direct
burial and be provided with DBT grease connectors
All
permits and inspections will be included in the above prices.
.Irrigation In Texas is Ie ! ed by the Tens Cotnmission on Environmental Qualih (TCEQ)
MC -1'8, PO BOX 1308- -- -- dai Texas, '8711-308- TCEQ website wvm.tcegstate.tLus LIlB490.
Subtotal $8,31125
Installation requires a E , `_ : t and balance due upon completion. Warranty 2 year on parts and
Salus Tax (8.25%) $636.48
labor newh iwtalled s.-:: _ _ -:; ;ins; 1 Year warranty on part. Qaalih- Products used: Taro.
Rainbird. Hunter and Die{.
Total $8.957.33
RYGI:?tfanagement&Dene::_ *ant Inc. dbaBill Keane&Landscape
Note -This proposal may be withdrawn by us if not accepted within 15 days. Terms 504 o down balanc a due upon complenom Any alteration or
deviation from the above specifications involving extra costs will be executed only upon written order and wz11 become an extra charge over and
above the estimate. Ali agreements contingent upon accidents or delays beyond our control. Unseen obstructions: additional cos: k time delay
Page 32 of 32
Development Agreement
5/5/2010 10:08:20 AM