HomeMy WebLinkAboutResolution No. 2011-046
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
APPROVING THE DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF THE COLONY AND THE
RESIDENCES OF AUSTIN RANCH, NO. 6 LTD.; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT;
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City has previously entered into Development Agreements
concerning the development of the master-planned multiuse project known as "Austin
Ranch" located in The Colony; and
WHEREAS, the City Council has determined it is in the best interest of the City
to enter into the development agreement, which is attached hereto and incorporated
herein as Exhibit "A," with The Residences of Austin Ranch, No. 6 LTD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. The Development Agreement, which is attached and incorporated hereto
as Exhibit "A", having been reviewed by the City Council of the City of The Colony, Texas,
and found to be acceptable and in the best interest of the City and its citizens, be, and the
same is hereby, in all things approved, and the City Manager is hereby authorized to execute
the Agreement on behalf of the City of The Colony, Texas.
Section 2. That this Resolution shall take effect immediately from and after its
adoption and it is so resolved.
PASSED, APPROVED and EFFECTIVE this 19 th day of July, 2011.
~XWT~ST: Joe McCourry, Mayor
City of The Colony, Texas
7 ristie Wilson, City Secretary ,
f f ~.y1.'.• ii
APPROVED AS TO FORM: r~
Jeff M16 ~r , City Attorney
t
AFTER RECORDING, RETURN TO:
City of The Colony
6800 Main Street
The Colony, Texas 75056
Attn: City Secretary's Office
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (hereinafter referred to as the "Agreement")
is made and entered into this M day of 2011, by and between
the CITY OF THE COLONY, TEXAS, a Texas hon66-rule _ Municipality (hereinafter referred
to as the "City") and THE RESIDENCES OF AUSTIN RANCH NO. 6, LTD., a Texas
limited partnership (hereinafter referred to as the "Developer"), as follows:
WITNESSETH:
WHEREAS, Developer is the owner of approximately 679.371 acres of land located
within the City of The Colony, Denton County, Texas, as more particularly described in Exhibit
A, which is attached hereto and incorporated herein by reference for all purposes allowed by law
(hereinafter referred to as the "Property"), and certain related public improvements thereon; and
WHEREAS, Developer is developing the Property to be known as the Austin Ranch
Phase VI, and will consist of multiple family dwellings, townhomes, landscaping, private park
and recreational facilities for residential use, associated parking and other accessory land uses
containing a minimum of 558 dwelling units at a density of 23.78 units per acre; and
WHEREAS, the Property is generally located north of Windhaven Parkway and east of
Arbor Hills Way in the City of The Colony, Texas; and
NOW, THEREFORE, for and in consideration of the foregoing premises and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
City and Developer covenant and agree as follows:
Section 1. Incorporation of Premises. The above and foregoing recitals are true
and correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Term. This Agreement shall be effective as of the date of execution of this
Agreement by the last of the Parties to do so ("Effective Date"). This Agreement shall remain in
full force and effect from the Effective Date, and until completion of the Development as defined in
Section 4(a) of this Agreement, unless earlier terminated by the mutual agreement of all of the
Parties in writing ("Tenn"); provided, however that the provisions described in Section 6 of this
Agreement shall expressly survive the Expiration Date without limitation.
Section 3. Definitions. Wherever used in this Agreement, the following terms shall
Development Agreement
City of The Colony The Residences at Austin Ranch, No. 6, Ltd. Page I of 16
have the meanings ascribed to them:
"Affiliates" shall mean means any person or entity which, directly or indirectly, through
one or more intermediaries, Controls, is Controlled by, or is under common Control with the
party in question.
"Agreement " shall mean this Development Agreement.
"City " shall mean the City of The Colony, Texas, a Texas home-rule municipality whose
address for purposes of this Agreement is 6800 Main Street, The Colony, Texas 75056.
"City Delay Day" shall mean any delay to Completion of Construction caused by (i)
City's failure to act or respond within a reasonable time period or (ii) other delays caused by City
that delay the Completion of Construction.
"City Engineer" shall mean the City of The Colony City Engineer or designee.
"Commencement of Construction " shall mean the grading and/or preparation of the
Property for construction.
"Completion of Construction" shall mean: (1) substantially completed in accordance with
the approved plans; and (ii) a Certificate of Occupancy for the Development has been issued by
the City.
"Control" means, directly or indirectly, the power to direct or cause the direction of the
management or policies of the controlled entity.
"Developer " shall mean The Residences of Austin Ranch No. 6, Ltd., a Texas limited
partnership or its affiliates, whose address for purposes of this Agreement is 1722 Routh Street,
Suite 1313, Dallas, Texas 75201.
"Development" shall have the same meaning as described in Section 4(a) of this
Agreement.
Effective Date " shall mean the last date of execution hereof.
"Event of Bankruptcy or Insolvency" shall mean the dissolution or termination of a
party's existence as a going business, insolvency, appointment of a receiver for any part of such
party's property where such appointment is not terminated within ninety (90) days after such
appointment is initially made, any general assignment for the benefit of creditors, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against such
party where such proceeding is not dismissed within ninety (90) days after the filing thereof.
"Expiration Date " shall mean the earlier of the date on which the parties have performed
their respective obligations or upon completion of the Development (which such date shall be
Development Agreement
Cityof The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 2 of 16
extended for any Force Majeure Delay or City Delay Day).
"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 Developer or either of them with respect to the
Property or any property or any business owned by the Developer within the City.
"Property" shall mean the approximately 679.371 acres of land comprising a portion of
the Planned Development-22 District, Ordinance Number 09-1830, as approved by the City
Council of the City of The Colony, Texas, on October 6, 2009, as generally described and/or
depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes.
Section 4. Affirmative Obligations. City and Developer agree as follows:
(a) The Development. The Developer covenants and agrees to construct on the
Property Austin Ranch, Phase VI, which consists of residential development containing multiple
family dwellings, townhomes, landscaping, private park and recreational facilities for residential
use, parking and other accessory land uses. The Developer agrees to construct 558 dwelling units
at a density of 23.78 units per acre on the Property. A total of approximately 469,618 square feet
(net) is proposed to be constructed on the Property (hereinafter referred to as the
"Development"). Developer covenants and agrees to commence construction of the
Development within ninety (90) days of the Effective Date of this Agreement, and Completion
of Construction of the Development shall occur within thirty-six months (36) of the Effective
Date of this Agreement.
(b) Platting, Zoning and Building Permits. All Property shall be platted, zoned, and
developed in accordance with the City's Subdivision Ordinance, the City's Comprehensive
Zoning Ordinance, applicable building codes and all other relevant ordinances as adopted by the
City, and as amended from time to time.
(c) Public Improvements. All public improvements constructed on the Property shall
be designed and constructed in accordance with the then current standards, specifications and
procedures as adopted by the City. All engineering studies and construction plans shall be
submitted to the City Engineer for review and approval at the time of platting or at such other
time as may be deemed appropriate by the City Engineer, but in any case prior to
commencement of any construction. Such plans shall be subject to approval by the City Engineer
or his agent prior to approval of any building permit.
(d) Building Permit Fees and Plan Review Fees. The Developer shall pay to the City
as building permit fees for the Development One Hundred One Thousand Eight Hundred
Forty-eight and 76/100 Dollars ($101,848.76) and an additional amount of Twenty-Five
Thousand Four Hundred and Sixty-two and 19/100 Dollars ($25,462.19) as plan review fees
for the Development for the permits for Austin Ranch Phase VI. Additionally, Developer shall
pay to the City Fifty-Two Thousand Four Hundred Ninety-Three and 301100 Dollars
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 3 of 16
($52,493.30) as MEP fees/CO/power pole fees. These amounts shall be paid to the City prior to
or contemporaneously with the issuance of a building pen-nit. Notwithstanding the foregoing, the
actual amount to be paid by Developer as building pennit fees, plan review fees, and MEP
fees/CO/power pole fees for the Development may increase or decrease proportionately with the
number of residential units finally determined by Developer at or about the time of filing the
final plat for the Development. The calculation of said fees is based upon the following:
Building Valuation Determination
Total square feet of buildings proposed in Austin Ranch, Phase VI = 469,618 gross
square feet.
Construction Type: R2 Occupancy Group; Type VA Construction = $95.33 per sq. ft.
469,618 sq. ft. X $95.33 = $44,768,683.94 (Total valuation to determine permit cost)
Using the City's currently adopted fee schedule multiplier (.0090): $44,768,683.94 X
0.0090 = $402,918.15 (building permit) + $100,729.54 (plan review) + $52,493.30.
(MEP fees/CO/Power Pole) _ $556,140.99 (total building permit fee) or $12.42 per
$1,000 of evaluation for the Austin Ranch, Phase VI.
The City of The Colony will use per this Agreement a 0.002275 multiplier to reduce the
amount of building permit fees paid. Using multiplier (.002275): $44,768,683.94 X
.002275 = $101,848.76 (building permit) + $25,462.19 (25% of plan review) +
$52,493.30 (MEP/ CO/ Power Pole) _ $179,804.25 total building permit/plan review fee/
MEP fee or $4.02 per $1,000 of evaluation for the Austin Ranch, Phase VI.
Section 5. 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 or if such breach or default cannot reasonably be cured within such thirty
(30) day period, if such party does not commence to cure such breach or default
within such thirty (30) period and thereafter diligently pursue the curing thereof to
completion;
(d) upon completion of the Affirmative Obligations as specified in Section 4 of this
Agreement;
(e) by the City, if the Developer suffers an Event of Bankruptcy or Insolvency;
(f) by the City, if the Developer fails to maintain material compliance with the City's
development regulations and other applicable ordinances that apply to the
Property or the Development during construction; or
(g) by either party, if any subsequent Federal or State legislation or any decision of a
court of competent jurisdiction declares or renders this Agreement invalid, illegal
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 4 of 16
or unenforceable.
Section 6. Survival. Notwithstanding anything in this Agreement to the contrary:
Sections 7(b), 7(d), 70), 7(k), 7(p), 7(q), 7(r), and 8 shall survive any termination or expiration of
this Agreement without limitation.
Section 7. Miscellaneous Provisions. The following miscellaneous provisions are a
part of this Agreement:
(a) Amendments. This Agreement constitutes the entire understanding and agreement of the
parties as to the matters set forth in this Agreement. No alteration of or amendment to
this Agreement shall be effective unless given in writing and signed by the party or
parties sought to be charged or bound by the alteration or amendment.
(b) Applicable Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the parties created
hereunder are performable in Denton County, Texas. Venue for any action arising under
this Agreement shall lie in the state district courts of Denton County, Texas.
(c) Assignment. This Agreement may not be assigned without the express written consent
of the other party.
(d) Attorneys' Fees. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party
in any such action or proceeding shall be entitled to recover its reasonable costs and
attorneys' fees (including its reasonable costs and attorneys' fees on any appeal).
(e) Binding Obligation. This Agreement shall become a binding obligation on the
signatories upon execution by all signatories hereto. City warrants and represents that the
individual executing this Agreement on behalf of City has full authority to execute this
Agreement and bind City to the same. Developer warrants and represents that the
individual executing this Agreement on Developer's behalf has full authority to execute
this Agreement and bind it to the same.
(f) Caption Headings. Caption headings in this Agreement are for convenience purposes
only and are not to be used to interpret or define the provisions of the Agreement.
(g) Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original and all of which shall constitute one and the same
document.
(h) File in Deed Records. This Agreement shall be filed in the deed records of Denton
County, Texas; provided, that this Agreement shall be released of record at the request of
either party hereto at anytime after the various fees and contributions discussed herein
above have been paid and all obligations required to be performed under this Agreement
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 5 of 16
have been performed in a good and workmanlike manner.
W Force Majeure. It is expressly understood and agreed by the parties to this Agreement
that if the performance of any obligations hereunder is delayed by reason of war, civil
commotion, acts of God, inclement weather, fire or other casualty, strikes, riots, shortages
of labor or materials, terrorist acts or activities, court injunction or any other causes of
any kind which are beyond control of such party (each a "Force Majeure Delay"), the
party so obligated or permitted shall be excused from doing or performing the same
during such period of delay, so that the time period applicable to such obligation or
requirement shall be extended for a period of time equal to the period such party was
delayed.
(j) Mediation. In the event of any disagreement or conflict concerning the interpretation of
this Agreement, and such disagreement cannot be resolved by the signatories hereto, the
signatories agree to submit such disagreement to mediation.
(k) Notices. Any notice or other communication required or permitted by this Agreement
(hereinafter referred to as the "Notice") is effective when in writing and (i) personally
delivered either by facsimile (with electronic information and a mailed copy to follow)
or by hand or (ii) three (3) days after notice is deposited with the U.S. Postal Service,
postage prepaid, certified with return receipt requested, and addressed as follows:
if to Developer: Billingsley Development Corporation
1722 Routh Street
Suite 1313
Dallas, Texas 75201
Attn: Lucilo Pena, President - Development
Facsimile: 214-270-0999
if to City: The City of The Colony
6800 Main Street
The Colony, Texas 75056
Attn: Troy C. Powell, City Manager
Facsimile: 972-624-3102
(1) Ordinance Applicability. The signatories hereto shall be subject to all ordinances of the
City, whether now existing or in the future arising. This Agreement shall confer no vested
rights on the Property unless specifically enumerated herein.
(m) Severability. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
have the force and effect of the law, the remaining portions of the Agreement shall be
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 6 of 16
enforced as if the invalid provision had never been included.
(n) Sovereign Immunity. No party hereto waives any statutory or common law right to
sovereign immunity by virtue of its execution hereof.
(o) Time is of the Essence. Time is of the essence in the performance of this Agreement.
(p) Undocumented Workers. Developer certifies that Developer does not and will not
knowingly employ an undocumented worker in accordance with Chapter 2264 of the
Texas Government Code, as amended. If during the Term of this Agreement, Developer
is convicted of a violation under 8 U.S.C. § 1324a(f), Developer shall repay the amount
of the public subsidy provided under this Agreement plus interest, at the rate of eight
percent (8%), not later than the 120"' day after the date the City notifies Developer of the
violation.
(q) Extension for Non-Business Days. If any notice period or due date contained in this
Agreement falls on a Saturday, Sunday or other day on which the federally chartered
banks in City of the Colony, Texas, are officially closed for the receipt of deposits, then
such notice or due date shall be deemed timely if given on the first day following such
Saturday, Sunday or other day on which the federally chartered banks in City of the
Colony, Texas, are officially closed for deposits.
(r) No Consequential or Punitive Damages. The parties hereto agree that neither party
shall be entitled to recover from the other party nor any of its agents, employees, officers,
partners, shareholders or affiliates any indirect, special, consequential or punitive
damages that either party may incur as a result of a default under this Agreement or other
action by the other party, its agents, employees, officers, partners, shareholders or
affiliates.
(s) Limitation of Liability. Neither Developer nor its successors or permitted assigns nor
their respective members, partners, venturers, employees, shareholders, affiliates,
officers, directors, agents, representatives, agents, advisors, or consultants shall have any
personal liability for its or their failure to perform any covenant, term or condition of this
Agreement, it being expressly agreed that any judgment recovered against Developer
shall be satisfied only out of, and the sole and exclusive recourse of City as a result of
such default shall be against, the right, title and interest of Developer in and to the
Property.
[The Remainder of this Page Intentionally Left Blank]
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 7 of 16
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date first above written.
THE CITY:
THE CITY OF THE COLONY, TEXAS,
a Texas home-rule municipality
By:
Name: T Powell
Title: City Manager
Date Executed: 1 _z_a r~ I
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the = c-"- of
2011, by Troy C. Powell, City Manager of the City of The Colony,
Texas, a TexaAome-rule municipality, on behalf of the City of The Colony, Texas.
Notary Pubtic, State of Texas
My Commission Expires:
o:.
e'x.l ~ Elizabeth Vetasco
My Commission Expires
d'~/17/~915
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 8 of 16
DEVELOPER:
THE RESIDENCES OF AUSTIN RANCH NO.
6, LTD.,
a Texas limited partnership
By: 42BCO, Inc.
a Texas corporation
its general partner
BY. XX
'
Name:
Title: geniof i e President,,
Date Executed:
STATE OF TEXAS §
COUNTY OF §
This instrument was ackno led ed before me on the day of
alm 2011, by lift ® ~~►P~1-
of The RoAdences of Austin Ranch No. 6, Ltd., a Texas limited partnership, on behalf of
42BCO, Inc., a Texas corporation, its general partner.
N ary Public, State of Texas
My Commission Expires:
*,0'yPoe~% LISA TUNtvt,
NotaryPublir,
Mycommr~
///il 11 le~Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 9 of 16
Exhibit A
Legal Description and or Depiction of
Property
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 10 of 16
LEGAL DESCRIPTION
BEING A 679.371 ACRE TRACT OF LAND LOCATED IN THE DAVID ANDREWS SURVEY,
ABSTRACT NO. 18 AND IN THE SAMUEL B. EVANS SURVEY, ABSTRACT NO. 397 AND
THE THOMAS A. WEST SURVEY, ABSTRACT 1344, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTH RIGHT-OF-WAY LINE OF F.M. HIGHWAY
544 (80' R.O.W.), SAID POINT ALSO BEING IN THE MOST WESTERLY LINE OF SAID
SAMUEL B. EVANS SURVEY;
THENCE NORTH 01'55'00" WEST, ALONG THE ABOVE SAID WESTERLY LINE OF
SAMUEL B. EVANS SURVEY FOR A DISTANCE OF 1364.00 FEET TO A POINT;
THENCE NORTH 78'45'00' EAST, LEAVING SAID SURVEY LINE FOR A DISTANCE OF
157.00 FEET TO A POINT;
THENCE NORTH 60'51'00" EAST, FOR A DISTANCE OF 7200 FEET TO A POINT;
THENCE NORTH 72'48'00` EAST, FOR A DISTANCE OF 195.00 FEET TO THE POINT
OF BEGINNING;
THENCE NORTH 7231'02' EAST, FOR A DISTANCE OF 185.86 FEET TO A POINT;
THENCE NORTH 0175'00' VEST, FOR A DISTANCE OF 265.25 FEET TO A POINT;
THENCE NORTH 2297'00` EAST, FOR A DISTANCE OF 95.00 FEET TO A POINT;
THENCE NORTH 2875'00' EAST. FOR A DISTANCE OF 74.00 FEET TO A POINT;
THENCE NORTH 80"4000' EAST, FOR A DISTANCE OF 54.00 FEET TO A POINT;
THENCE NORTH 7699'00" EAST, FOR A DISTANCE OF 149.00 FEET TO A POINT,
SAID POINT BEING IN THE WEST LINE OF THE SAMUEL B. EVANS SURVEY;
THENCE NORTH 0036'06' WEST, ALONG THE WEST LINE OF SAID SURVEY LINE A
DISTANCE OF 3902.86 FEET TO A POINT, SAID POINT ALSO BEING THE
NORTHWESTERLY CORNER OF THE SAMUEL S. EVANS SURVEY;
THENCE NORTH 8921'03" EAST, ALONG THE NORTH UNE OF SAID SURVEY A
DISTANCE OF 574.62 FEET TO A POINT;
THENCE NORTH 8971'03' EAST, CONTINUING ALONG NORTH SURVEY LINE OF THE
SAMUEL B. EVANS SURVEY AND THE DAVID ANDREWS SURVEY FOR A DISTANCE OF
2081.38 FEET TO A POINT;
THENCE NORTH 0034'12' WEST, FOR A DISTANCE OF 1640.95 FEET TO A POINT;
THENCE SOUTH 8933'03" WEST, FOR A DISTANCE OF 1863.07 FEET TO A POINT;
THENCE NORTH 009110' WEST, FOR A DISTANCE OF 1688.70 FEET TO A POINT,
SAID POINT ALSO BEING IN THE SOUTH LINE OF THE COLONY CITY LIMIT;
This document, prepared under 22 TAC 683.21, dose
not reflect the results of an on the ground survey, UNAM V. RYI-S. 5244
and In not to be used to convey or tetablirh Intereete
In red property except those Aghts and interest
eu O F
ppited or ntobilmhei by the creation or reconfiguration
SHEET 1 OF 6 of the boundary of the political subdMsion for which P G 1 5 Tt
It was prepared. All
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Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 11 of 16
I
LEGAL DESCRIPTION
THENCE EAST ALONG SAID SOUTH LINE OF THE COLONY CITY LIMIT FOR A
DISTANCE OF 4335.99 FEET TO A POINT ALSO BEING THE WEST LINE OF THE
COLONY CITY LIMIT;
THENCE SOUTH 00'53'00' EAST, ALONG THE WEST LINE OF SAID CITY LIMIT LINE
FOR A DISTANCE OF 1696.90 FEET TO A POINT;
THENCE SOUTH 0640'00' WEST, FOR A DISTANCE OF 1566.28 FEET TO A POINT;
THENCE NORTH 8839'56' EAST, FOR A DISTANCE OF 1323.80 FEET TO A POINT;
THENCE SOUTH 01"56'37' WEST, FOR A DISTANCE OF 221.13 FEET TO A POINT;
THENCE SOUTH 0207'15' EAST, FOR A DISTANCE OF 1037.85 FEET TO A POINT;
THENCE SOUTH 00'48'36' EAST, FOR A DISTANCE OF 440.00 FEET TO A POINT;
THENCE SOUTH 89'10'03' WEST, FOR A DISTANCE OF 149(135 FEET TO A POINT;
THENCE SOUTH 06'04'55' WEST, FOR A DISTANCE OF 73&M FEET TO A POINT;
THENCE SOUTH 8910.03' WEST, FOR A DISTANCE OF 1546.34 FEET TO A POINT,
SAID POINT ALSO BEING THE BEGINNING OF A CURVE TO THE LEFT WHOSE CHORD
BEARS NORTH 28'20'52' %EST, 80.04 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 0576'42', A RADIUS OF 842.55 FEET AND AN ARC LENGTH OF 89.07 FEET TO
A POINT. SAID POINT ALSO BEING THE BEGINNING OF A COMPOUND CURVE TO THE
LEFT WHOSE CHORD BEARS NORTH 51-46-31- WEST, 552.92 FEET;
THENCE CONTINUING ALONG SAID COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 4$48'38`, A RADIUS OF 669.09 FEET AND AN ARC LENGTH OF
570.00 FEET TO A PONT IN THE CENTERLINE OF PLANO PARKWAY, SAID POINT
ALSO BEING THE BEGINNING OF A CURVE TO THE LEFT WHOSE CHORD BEARS
SOUTH 0878'18' WEST 660.18 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE LEFT AND ALONG THE CENTERLINE
OF SAID PLANO PARKWAY THROUGH A CENTRAL ANGLE OF 1500'21', A RADIUS OF
2527.96 FEET AND AN ARC LENGTH OF 662.07 FEET TO A POINT.
THENCE SOUTH 0106'56' WEST, ALONG SAID CENTERLINE OF PLANO PARKWAY, FOR
A DISTANCE OF 200.00 FEET TO A POINT, SAID POINT ALSO BEING THE BEGINNING
OF A CURVE TO THE RIGHT WHOSE CHORD BEARS SOUTH 21357'50' WEST, 98(102
FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT AND ALONG SAID
CENTERLINE OF PLANO PARKWAY THROUGH A CENTRAL ANGLE OF 46'05'30'. A
RADIUS OF 1251.72 FEET AND AN ARC LENGTH OF 1008.95 FEET TO A POINT;
THENCE NORTH 445Y25" WEST, DEPARTING FROM SAID CENTERLINE, A DISTANCE
OF 570.00 FEET TO A POINT;
This doc"enL prepared under 22 TAC GUM, does
not ref oct the results of on an the ground eurwy. LENARD V R.FLS 5249
and IN not to ba used to convey or estodYh interests
in red property except those rights and interest
supplied or established by the creation or recanfigurotton
SHEET 2 OF B of.O g dor oy or the polltled a,bdMslon for shish ST
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Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 12 of 16
LEGAL DESCRIPTION
THENCE NORTH 1917'03' WEST, A DISTANCE OF 463.87 FEET TO A POINT, SAID
POINT ALSO BEING THE BEGINNING OF A CURVE TO THE LEFT WHOSE CHORD
BEARS SOUTH 86'50'48' WEST, 268.91 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 0725'39', A RADIUS OF 2063,57 FEET AND AN ARC LENGTH OF 270.10 FEET
TO A POINT, SAID POINT ALSO BEING THE BEGINNING OF A COMPOUND CURVE TO
THE LEFT WHOSE CHORD BEARS SOUTH 43'48'140 WEST, 574.75 FEET;
THENCE CONTINUING ALONG SAID COMPOUND CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 3892°12', A RADIUS OF 878.17 FEET AND AN ARC LENGTH OF
585.54 FEET TO A POINT;
THENCE SOUTH 24'3rW WEST, A DISTANCE OF 714.00 FEET TO A POINT, SAID
POINT ALSO BEING THE BEGINNING OF A CURVE TO THE RIGHT WHOSE CHORD
BEARS SOUTH 58'28'17' WEST, 696.11 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 67'30'01', A RADIUS OF 625.48 FEET AND AN ARC LENGTH OF 738.06
FEET TO A POINT;
THENCE NORTH 87°41'16' WEST, A DISTANCE OF 49129 FEET TO A POINT, SAID
POINT ALSO BEING THE BEGINNING OF A CURVE TO THE LEFT WHOSE CHORD
BEARS SOUTH 82'7455" WEST, 300.78 FEET;
THENCE CONTINUING ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 1923'27, A RADIUS OF 89300 FEET AND AN ARC LENGTH OF 30222
FEET TO THE POINT OF BEGINNING AND CONTAINING 29,593,395 SQUARE FEET OR
679.371 ACRES OF LAND, MORE OR LESS.
SAVE AND EXCEPT A 82.0 ACRE TRACT DESCRIBED TO LONZAR DELAWARE, INC. AS
DESCRIBED BY DEED AS RECORDED IN COUNTY CLERKS FILE NO. 00105377,
OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS,
This document, prepared under 22 tAC 663.21, does
not reflect the rnuib of an on the ground a rvey, UNARD V. R.P1.S. 5240
and Is not to be used to convey or establish interests
In red pYcperty exeept those rights dnd interest O F
sup fed r establhhed by the creation or reconttgwotton T
SHEET 3 OF of a b.= of the poltled enbdivhlon for which 1 s ! £ F
It was propond. ,`P ~c RF +
4 0 ~
PD 22 - TRACT A a
LNG 2 NET RS N[s
rs r • U. Ira ZONING EXHIBIT 5249
fr rry s-0mr r.: ran,
r q
~ ~r tsslim Mr "r ~ w THE CITY OF THE COLONY OF SUR'j
1~ sew 1'-1000' 12/1/08 08-104 DENTON COUNTY, TX
n: p.E YW OMM V hM b aVM- YY Wlh.i-lwV4.-[nom, t'.,nM1Ar+/w-,RMM¢ M-~.Ir.l.Mw Mn M, ►wl V Wnal Yw 1y ~MJ+M M4, b ~MN IM bis YryAM[ n,x R
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 13 of 16
L15
C4 1
JI 1
l
IRAM
-I-__
L11
C40,
82 ~O
OI L15
JI
~ s3 L16
L17
FD 22 _ Tract A as
1 (Pr&Aou* PV 10) `1----
1 (`079.371 ACKE5 -nw coww m
(29593395 5Q. FT.
~ ~ C2
PD ?2 - Tract t5
The cotorgf B-
f smeMCY` r Nir.„ L22 The C,w~
C5
Th. Cafay
d PD 22 - ThroC G
L5 fo'HM.h This document. prepared under 22 TAC 663.24, does
f(~* not reflect the results of an an the ground survey.
and is not to be used to eonvsy or eetabtteh Interests
Vy In real xiz those rights a d Interest
L6 .upp WIT= Ished by the creation or reeanf{quropfon
zj~- t of the boundary of the pairUcol eubdNWm tar rhldi
~L3 It was prepared.
CtrrnoUt'on •
L27 RAM LMTW v. w RP.L& 5242
CS T OF 0 F
~ (COMMENCING 1 SHE2T 4 OF a `qt. 0 t 5 T f ¢~tt'+.
jp a r 0
A4 G1N1s:A:U K1Nr PD 22 ~ TRACT A
r~'n~ .s~-oon rs~tr +u-oars 5249
ZONING EXHIBIT
aa■t K tae ~r ~arrE otuE THE CITY OF THE COLONY ~tia `ES ~~a
SUR'~
w~eed L ~•~1°00` t2/~/~'d ue-~o+ DENTON COUNTY, TX
T:11 p wU0" >•M-M ~.r. wr R fl\^IM - f~a~r<pn.y^'G~Y., ~~•~Y (rW-.w~¢ a.•4 w ~Y4+N+M w N Y+. f_ wr M/!/Jr F/V yWw rv r.~ e/L1~ nt p
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 14 of 16
aminA y une ume SounAmy Une TANG
Una f Lmmrth Mwotron Una: Lonoth DbWotion
L1 966.86' N72" M, 02"E L26 714.00° 824• 57 60'W
L2 266.26' NOr 26' O0'W L27 48520 N8T 41' 16'9N
Lx B6.007 N220 rT 001E
L4 74.00' WW 267 0071E
L6 64~00' N60' 40' 001E
L.6 140.00' N76' 197 o0"'E
L7 8802,66' N00• aS, O&W
Lo 674.62' N9W 21.0251E
L9 2061.x8' N9W 29' 02M
L10 1640.96' Nooo aW 12"W
L11 1665.0'7' 689• S,9' 025'W
L12 1666.70' NOW 10"W
L13 43!!6.99' NOW Oa 00•E
L14 1666.90' 800.6x1 00"E
L15 166626' 606.407 00"W
L16 132!5,80' N880 5W 86"E
L17 221.1x' 801.66' 237'W
L18 1057.86' 302.07 WE
L18 4404)0" 56)0149' 66"E
L20 1480.x!5' Sa9.10' Ox'W
L21 7x5.86` S06.OV 66'W
L22 1648.34" 689' 10, olm
L25 200XDa S01. 06' 66"E
L2,4 670.00" N44. 67 26"W
L25 465457 N19" IT O&W
LDNARD V. R.PLS 5249
SHEET 5 OF 6
e ~
g I a r s PD 22 _ TRACT A
EZ-7G3 T N'YMMR S 1407. C
W1 .
,a., .r. z't r- a :N71 ZONING EXHIBIT 5248
1)'/!) A ylvO . Iea 11'!01 L3A-&11
~ w ae~ w VAX 0A1IE am in THE CITY OF THE COLONY SURNI
}MM LVW 11--1000'112/1/06 06-104 DENTON COUNTY, TX
1X44" N* ~.M1 M.M Vn At1\r" Y[N/yY^VMw•1A14~1f1 IMf.iY /.YIVI ..1~1 YW R WM Y~s fA/1M6 1MM Ik MAR IY! NYi fY% /111 R]0 M
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 15 of 16
bounAary Curves TWA&
Curve * Length Kaidiuo TAr4mm Chong Chow) deuarinil Doha
C1 60-OT 642.68' +1047 80.DW N28 20't ZW 6826'42"
C2 1570.00' 669.09' S0?i W 662.82° N518*9MI' W 48841'89"
C5 edl2nT 2627AW 88294 660.16• S058?.6'16' W 16'0(•21-
C4 1006.96' 1261.72' 55267 98(.02' S2fe67'60"W 48-06'O("
C25 2701(' 2085J57 155.214' 268.81' 8668W4&W 7.26 9"
C.5 685.64• 676.17 504.12• 674.76• 64584644WV SaM2.12"
C7 788.06• 626.48 416.50' 696.11• 6ewV2,m7"W ~!'6trot-
Ca 502.22• 8$540" 162.67 5((.76• 6628214'66-W
UNAM V. R PL& 5249
OF
SHEET 6 OF 6 A,
Q ~G s r f ~~Ff
r' a 's PD 22 - TRACT A
FNG SNEE R=NIC'v
IrnJ oz-ter rs. rirzJ lzteo '0 5249
ZONING EXHIBIT t
mma sex aeeaaem en wm Deus THE CITY OF THE COLONY
as No. S U Rv
Bw wm i--1000° 12/1/0e 0e 04 DENTON COUNTY. TX
Y iM-w rb r.. 11 f1\rM - WY+Wrw-ewirMrl u+•.rV W uNwhM¢ "+..~N Iw wwe( Y.f4I raw M IMII •r L n/yAMr °.W M w.t "M 1WOfU"1l xf ri
Development Agreement
City of The Colony - The Residences at Austin Ranch, No. 6, Ltd. Page 16 of 16