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12-R-120 Agreement with La Salle and Rolling Hills RanchRESOLUTION NO. 12-R-120 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AGREEMENTS REGARDING WATER AND SEWER FACILITIES WITH LA SALLE PARTNERS. LTD AND ROLLING HILLS RANCH, LTD, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into Agreements Regarding Water and Sewer Facilities with La Salle Partners, LTD (La Salle) and Rolling Hills Ranch, LTD (Rolling Hills), relating to the funding certain water and sewer facilities, allocation of sewer capacity, establishment of reimbursement amounts for excess sewer capacity, establishment of water impact fee offsets/credits and, and pro-rata collections for water line construction; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the La Salle and Rolling Hills pursuant to the Agreement Regarding Cypress Point Sewer Facilities and Agreement for The Construction of Water Transmission Main Improvements attached hereto as Exhibit A and Exhibit B the "Agreements"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreements with La Salle and Rolling Hills in substantially the form set forth on Exhibit A and Exhibit B. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be conshued and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject sosarzss.r matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 18th day of December, 2012. CITY OF SCHERTZ, TEXAS Mayor, Michael R. Carpenter ATTEST: B1 a Dennis, City Secretary (CITY SEAL) 50501288.1 EXHIBIT A AGREEMETN REGARDING CYPRESS POINT SEWER FACILITIES sosmzas.i B-1 EXHIBIT B AGREEMENT FOR THE CONSTRUCTION OF WATER TRANSMISSION MAIN IMPROVEMENTS sosoizss.i B-1 After Recordinsz_ Please Return Tn; Return acknowledgment to: CapitolServlces,Inc. P.O. Hox 1831 Austin, TX 78767 800/345-~t647 IIIIIIIIIIIIIII IIIIIIIIIIIIIII II VIII 201306001201 01/09/2013 70:37:52 RM 1/21 STATE OF TEXAS § COUNTIES OF COMAL AND GUADALUPE § AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES This Agreement Regarding Cypress Point Sewer Facilities (this "Agreement"), is entered into to be effective as of the date of the final signature and acknowledgment by the Patties (as hereinafter defined) (the "Effective Date"), among the CITY OF SCHERTZ, TEXAS, a Texas municipal corporation (the "C~"), LA SALLE PARTNERS, LTD, a Texas limited partnership, ("La Salle"), and ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership ("Rolling Hills Ranch"), (each a "Par ", and collectively, the "Parties"). Recitals WHEREAS, La Salle constructed certain sewer facilities, including, but not limited a lift station and one or more forced mains (the "Sewer Facilities"), which Sewer Facilities are located on the La Salle Property (as hereinafter defined); and WHEREAS, that certain real property more particularly described on Exhibit "A", attached hereto and incorporated herein for all purposes, and depicted on Exhibit "A-I", attached hereto and incorporated herein for all purposes (the "La Salle Pronerty"), and that certain real property more particularly described on Exhibit "B", attached hereto and incorporated herein for all purposes, and depicted on Exhibit "B-I", attached hereto and incorporated herein for all purposes (the "Rollin~Hills Ranch Pro~er~"), are both within the service area of the Sewer Facilities; and WHEREAS, the Cypress Point Subdivision is within the La Salle Property, and the Parkland Master Plan is within the Rolling Hills Ranch Property; and WHEREAS, the cost of construction of the Sewer Facilities is not eligible for impact fee credit ;and WHEREAS, the Sewer Facilities provide for equivalent development units ("EDUs") of capacity beyond what is necessary to service the La Salle Property; and WHEREAS, the Sewer Facilities have an estimated capacity of approximately One Thousand Two Hundred and Twenty (1,220) EDUs, which capacity may vary based on actual usage patterns; and WHEREAS, La Salle and Rolling Hills Ranch coordinated infrastructure construction in connection with the La Salle Property and the Rolling Hills Ranch Property, including, without limitation, coordination of the construction of the Sewer Facilities; and WHEREAS, the Parties desire to enter into this Agreement in order to set forth certain agreements related to the Sewer Facilities. Agreement NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows: Section 1.1. Allocation of the Rights to the EDUs in the Sewer Facilities. The Patties hereby allocate rights to the EDUs of capacity in the Sewer Facilities as follows: (a) Aright to utilize up to Two Hundred and Eighty-Six (286) EDUs of capacity in the Sewer Facilities is hereby assigned to the La Salle Property (the "La Salle Pronerty EDUs"). Of the total La Salle Property EDUs, One Hundred and Twenty (120) EDUs of capacity are specifically hereby assigned to Cypress Point, Unit 1 ("Unit 1") and Cypress Point, Unit 2 ("Unit 2") (the "Units 1 and 2 EDUs"). (b) A tight to utilize up to Six Hundred and Seventy (670) EDUs of capacity in the Sewer Facilities is hereby assigned to the Rolling Hills Ranch Property (the "Rolling Hills Ranch Pronerty EDUs"). (c) The remaining EDUs of capacity in the Sewer Facilities, which are estimated to be approximately Two Hundred and Sixty-Four (264) EDUs of capacity, which actual number may vary due to usage patterns, shall be available for use by other property located within the service area of the Sewer Facilities on a first-come, first-served basis. Such EDUs of capacity will be allocated, if available, at the time of final plat approval of property located within the service area of the Sewer• Facilities. Section 1.2. Rights Run With the Land. The Parties agree that (1) the rights to the La Salle Property EDUs shall run with title to the La Salle Property and shall not be assignable without the prior written consent of the City and the ownet•(s) of record title to the La Salle Property; and (2) the rights to the Rolling Hills Ranch Property EDUs shall run with title to the Rolling Hills Ranch Property and shall not be assignable without the prior written consent of the City and the owner(s) of record title to the Rolling Hills Ranch Property. Section 1.3. EDU Sewer Facility Reimbursement Fee. (a) A sewer facility reimbursement fee (the "5FR Fee") of Seven Hundred Thirty One and 67/100 Dollars ($731.67) pet• EDU of capacity in the Sewer Facilities, which number was calculated by dividing the approved cost to construct the Sewer Facilities by the estimated One Thousand Two Hundred and Twenty (1,220) EDUs of capacity in the Sewer Facilities, shall be due and payable upon conveyance of any EDUs of capacity in the Sewer Facilities to a property owner for all EDUs of capacity in the Sewer Facilities excent for the 2 Rolling Hills Ranch Property EDUs and the Units 1 and 2 EDUs. Notwithstanding anything herein to the contrary, no SFR Fees shall be charged for the Rolling Hills Ranch Property EDUs and the Units 1 and 2 EDUs. (b) As used in this Section 1.3, "conveyance" of EDUs of capacity in the Sewer Facilities shall be deemed to occur upon recordation of a final plat. (c) The City agrees to use commercially reasonable efforts to collect the SFR Fees from property owners at the time of conveyance of EDUs of capacity in the Sewer Facilities. Within thirty (30) calendar days of the City's receipt of SFR Fees associated with the Sewer Facilities, the City shall pay Rolling Hills Ranch the amount of the SFR Fees collected by the City. Notwithstanding anything herein to the contrary, the City shall not be obligated to make any payments to Rolling Hills Ranch under this Agreement until EDUs of capacity in the Sewer Facilities are conveyed and the City recovers the applicable SFR Fees associated with such EDUs of capacity in the Sewer Facilities. (d) Notwithstanding anything herein to the contrary, because (1) the final plat for Unit 1 has been recorded under Document No. 201206022174, Map and Plat Records of Comal County, Texas, prior to the execution of this Agreement, and (2) all lots in Unit 2 are currently subject to contracts for purchase, the SFR Fees for the Units 1 and 2 EDUs shall not be payable to the City, and the Pazties expressly agree that the City shall have no obligation under this Agreement to collect any SFR Fees associated with Unit 1 and Unit 2. La Salle and Rolling Hills Ranch shall determine fees owed to each other in connection with Unit 1 and Unit 2, if any, by separate agreement, and LA SALLE AND ROLLING HILLS RANCH HEREBY EXPRESSLY RELEASE THE CITY FROM ANY CLAIM FOR REIMBURSEMENT OR COMPENSATION FOR THE UNITS 1 AND 2 EDUS. (e) The Parties acknowledge and agree that the SFR Fees are not in lieu of wastewater impact fees. At the time of hookup to the Sewer Facilities, the applicable property owner shall be required to pay any and all wastewater impact fees to the City. Although no SFR Fees shall be due and payable with respect to the Rolling Hills Ranch Property EDUS and the Units 1 and 2 EDUs, the applicable property owners shall still be required to pay any and all wastewater impact fees at the time of hookup to the Sewer Facilities in connection with those EDUS of capacity. Section 1.4. Releases. EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT OCCURRING AFTER THE EFFECTIVE DATE, EACH OF THE PARTIES, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY FULLY, FINALLY, AND FOREVER RELEASES AND DISCHARGES EACH OF THE OTHER PARTIES, TOGETHER WITH EACH OF THE OTHER PARTIES' RESPECTIVE AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES' RESPECTIVE COUNCILMEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "RELEASED PARTIES") FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEBTS, DEMANDS, LIABILITIES, OBLIGATIONS, AND SUITS, OF WHATEVER HIND OR NATURE, IN LAW OR 3 EQUITY (INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS OF FRAUD, DURESS, CONTROL, MISTAKE, NEGLIGENCE, GROSS NEGLIGENCE, WRONGFUL CONDUCT, TORTIOUS INTERFERENCE, UNFAIR COMPETITION, AND RESTRAINT OF TRADE), THAT EACH OF THE RESPECTIVE PARTIES OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS HAS, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, ABSOLUTE, CONTINGENT OR SPECULATIVE, DIRECT OR INDIRECT, PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER, FORESEEN OR UNFORESEEN, AS A RESULT OF, ARISING UNDER, RELATED TO, ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THIS AGREEMENT, EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT OCCURRING AFTER THE EFFECTIVE DATE TO WHICH THIS SECTION 1.4 DOES NOT APPLY, INCLUDING WITHOUT LIMITATION, ANY ACT, OMISSION, COMMUNICATION, TRANSACTION, OCCURRENCE, REPRESENTATION, PROMISE, DAMAGE, BREACH OF CONTRACT, FRAUD, VIOLATION OF ANY STATUTE OR LAW, COMMISSION OF ANY TORT, OR ANY OTHER MATTER WHATSOEVER OR THING DONE, OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO. IT IS THE INTENTION OF EACH OF THE RESPECTIVE PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE. EACH OF THE RESPECTIVE PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN. THIS SECTION 1.4 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 1.5. Implied Waiver. The failure of a Party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition by the other Parties hereto, but the obligation of such other Parties with respect to such future performance shall continue in full force and effect. Section 1.6. Recitals and Exhibits. The recitals and exhibits are incorporated herein fully as matters of contract and not mere recitals and exhibits. Section 1.7. Notices. Any notices contemplated under this Agreement shall be deemed effectively given (i) when personally delivered or (ii) five (5) business days after being correctly deposited in the United States mail and mailed certified mail, return receipt requested, to the noticed Party at its address set forth below: If to the City: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attn: John C. Kessel, City Manager with a copy to: Fulbright & Jawot•ski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attn: Katherine A. Tapley If to La Salle: La Salle Partners, Ltd. 303 Stratford Lane Laredo, Texas 78041 Attn: John H. Keck with a copy to: Perry O. Blanton 206 Entre Rios Blvd. New Braunfels, Texas 78132 Telephone: (210) 508-1505 Email: pb~blantondevelopment.com with a copy to: The Weichert Law Firm Attn: Glenn K. Weichert 3821 Juniper Trace, Suite 106 Austin, Texas 78738 Facsimile: (512) 263-2698 Email: Tenn ,weichertlaw.com If to Rolling Hills Ranch: Rolling Hills Ranch Development, Ltd. 106 Del Court Laredo, Texas 78041 Attn: William W. Alston Any Party may change its address for notice to any other address within the United States by providing the other Parties with at least ten (10) business days prior written notice of such change in the manner set forth herein for notices. Section 1.8. Severability. The provisions of this Agreement are severable, and if any word, please, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any pet•son or circumstance shall ever be held by any court of competent jurisdiction to be invalid, unconstitutional, illegal, or unenforceable for any reason, the remainder of this Agreement and the application of such word, phase, clause, sentence, paragraph, section, or• other part of this Agreement to the othet• persons or circumstances shall not be affected thereby, and it is also the intention of the Parties that, in lieu of each provision that is found to be invalid, unconstitutional, illegal, or unenforceable, to the extent legally permissible a provision be added to this Agreement which is valid, constitutional, legal, and enforceable, which is as similar in terms as possible to the provision being replaced, and which does not deprive the Parties of the benefit of the bargain described in the original form of this Agreement. Section 1.9. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations, or warranties between the Parties as to the subject mattet• hereof other than those expressly stated or provided for herein. Section 1.10. Headin¢s. The headings in this Agreement are for convenience only and shall not be conshued to expand, limit, or othettivise modify the terms of the Agreement. Section 1.11. Governin¢ Law and Venue. All pazties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The parties agree to submit to the jurisdiction of said court. Section 1.12. Further Assurances. Each Patty agrees that it will take such actions and execute such documents as reasonably necessaty to fully carry out the purpose and intent of this Agreement. Section 1.13. Counterparts. This Agreement may be executed in multiple counterparts but will be considered as a single instt•ument when it has been finally executed by all of the Patties. Section 1.14. List of Exhibits. Exhibit "A" Legal Description of the La Salle Property Exhibit "A-1" Depiction of the La Salle Property Exhibit "B" Legal Description of the Rolling Hills Ranch Property Exhibit "B-1" Depiction of the Rolling Hills Ranch Property [Signatures and Acknotvledgrnents on the following pages. ] 6 SIGNATURE PAGE TO AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Agreement Regarding Cypress Point Sewer• Facilities as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas municipal corporation STATE OF TEXAS By: J C. Ke ss el, City Manager COUNTY OF GUADALUPE § This instrument was acknowledged before me on the~l~ay of Ja, ` ~( , 201 by John C. Kesel, the City Manager of the City of Schertz, Texas, a Texas munici I cotporahon, on behalf of the City. [SEAL] SARAH E. OON7ALEZ '`' w~ `" 7. ~ )~ Nora Public Notary Public in and fot• t ~ Stete of fe~ms Printed Name of Notary: MY~mm, Exp.30.33.1016 My Commission Expires: 50566642.7 S-1 SIGNATURE PAGE TO AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Agreement Regarding Cypress Point Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. LA SALLE PARTNERS, LTD., a Texas limited partnership By: La Salle Partners GP, LLC, a Texas limited liability company, its Sole General Partner By: ttt.t.a-4,LC.~. J H. Keck, Manager STATE OF TEXAS COUNTY OF B~X.Q+P This instrument was acknowledged before me on the %1~lay of ~ 2012, by John H. Keck, the Manager of La Salle Partners GP, LLC, a Texas limited liability company, the Sole General Partner of La Salle Partners, Ltd., a Texas limited partnership, on behalf of said entities. [SEAL] ,~ ~,,,,, aM1 St,.`• PATRICK J. PAPE S''' ~E Notary Public, State of Texas ~~ ? My Commission Expires '9j~',nf~„~ September 25, 2014 s?~~~ Notary Public in and f e State of Texas Printed Name of Notary: My Commission Expires: 50566642.3 S_2 SIGNATURE PAGE TO AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Agreement Regarding Cypress Point Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership By: Rolling Hills Ranch Management, L.C., a Texas limited liability company, its Sole General Partner BY• _1Se'4~. William W. Alston, Manager STATE OF TEX S § COUNTY OF ~- § This instrument was acknowledged before me on the ~- day of Qatn bO(L, 2012, by William W. Alston, the Manager of Rolling Hills Ranch Management, L.C., a Texas limited liability company, the Sole General Partner of Rolling Hills Ranch Development, Ltd., a Texas limited partnership, on behalf of said entities. [SEAL] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: ueeeeeeaeueeseeseeeeeeeu® zo~P"®~ EVERITT DONALD WALKER g Notary Puhllc ~ STATE OF TEXAS ~5y My Comm. Exp. 07-09.2077 mw~w' 50566642.3 S'_3 Exhibit "A" Legal Description of the La Salle Property [See the fo11oH~ing hvo pages J sos~6~azs Exhibit "A-1", Page 1 ' / _ - ,w.- _.=a FORD ENGINEERING, INC. Date: July 22, 2010 Page 1 of 2 Project No: 2305.00 FIELD NOTES DESCRIPTION Field notes describing 87.735 acres, situated in the C.M. Gahagan Jr. Survey No. 258, Abstract No. 142, Guadalupe County and AbshaetNo. 182, Comet County, Texss, behtg all of that certain tract of land called to contain 87.76 acrd tract ofland conveyed to [.credo Tanglewood Partners, Ltd. recorded in Volume 2047, Page 670 of the Official Public Records of Guadalupe County, Texas and Document No. 200406032823 of the Official Public Records of Cotnal County, Texas; being more particularly described as follows: BEG1NNfNG: ate %, inch iron rod with cep marked "4724" found on ilte Westem line of Eckhardt Road for a corner of the said 67.76 acre tract of land, for the Southeastern corner of that certain 8.956 floe tract of land conveyed to Clearwater Real Estate, LLC. rewrded in Document No. 200706045571 of Official Pablie Records of Corral County, Texas, said 8.956 acres being a portion of that certain 9.00 acre tract of land Talley-Ho Venture, Ltd recorded in Documont No. 200506030516 of Ote Official Public RecoMs of Corral County, Texas, THENCE: S OB° 36' 25" E- 1481.51 feet along the Western line of Eckhardt Road, the Easfem line of the said 87.76 acre tract to a %: hwh iron rod with yellow plastic cap marked "Ford Eng Inc° sat for a corner of W is 87.735 acre tract THENCE: S14°27'46"E-711.75 feet continuing alongthaWestemlineofEckhardtRoad, the Eastern line of the said 87.76 acre tract to a %: inch Iron rod with yellow plastic cap [narked "Ford Eng Inc" set for a corner of this 87.735 acre tract; THENCE: S 25°14' 10" E -1667.07 feel wnlinuiog along the Westem line of Eckhardt Road, the Easfem line of the said 87.76 acre tract to a %z inch iron rod wiTlr yellow plastic cap marked "Ford Eng Inc" set for the Southeastern comer of the said 87.76 acre tract, iha Northeastern comer of that certain Kucherka Family Tmst Tract recorded in Volume 1948, Paga 928 of the Official Public Records of Guadalupe County, Texas, for the Southeastern comer of this 87.735 acre tract; THENCE: S 59°25' 16" W -1323.50 feet along ilta Southern line of the said 87.76 acres, the Northern line of the said Kucherka Family Trust Tract to a fence corner found for ilte Soutlrwestem comer ofthis 67.735 acre pact; THENCE: N 08° 14' 1 l" W -1054.09 feet along the Westem line of the said 87.76 acre [racy 41e Easfem line of that certain 95.34 ncre tact of Irutd conveyed to RBV2 Limited PerLtarship ecorded in Volume 1654, Page 904 of the Official Public Records of Guadalupe County, Texas o a fence comer found for a comer of this 87.735 acre tract; THENCE: NOS°13'50" W -1274.88 feet continuing along the Westem line of 11te said 87.76 acre tract, the Eastern Ihre of Ute said RBV2 limited PMnership Tract, along the Pastern Ifne of that certain 64.5 acre tract conveyed to Aurora Jean Sada Pacheco recorded In Volume 1339, Page 392 of the Official Puhlic Records of Guadalupe County, Taxes, also being shown in a id927 WYE DRIVE, SUITE 104, SAN ANTONIO, TEXAS 78217 (210) 590-4777 FAX: 590-4940 1-800-332-3109 Web site: wwwFOrdenglneedng.wrn TBPE NO. F-1i62 50566642.3 Exhibit "A-1", Page 2 Page 2 of 2 Clerk's Document No. 9806010324 of the ptticial Public Records of Comal County, Texas also alatg the Eastem line of that certain I8 acro tract called Tract 2 conveyed to Barbara Wright recorded in Document No. 200906025647 of the Official Public Records of Comal Cannty, Texas to a %: inch iron rod with yellow plostic cap marked "Ford Eng Inc" set for u wmer ofthe said 18.0 acre treat, for a comer of this 87.35 acre tract; THGNCG: N 84°25' ]9" W -129.33 feet along a line of the said 18.0 acre tract, a line of the said 87.76 acre tract to a fence comer found for a comer of the said 18.0 acre traot, for a comer of this 87.735 acre tract; THGNCG: N 14°42' 14" W -2100.61 feel along the Western line of the said 67.76 acre tract, the Eastem line of the said 18.0 acre pact, the Eastern line of the remainder of that certain 3.065 acre tract of land conveyed to Barbara Wright called Tract I recorded in Document No. 200906023647 of the Official Public Records of Comal County Texas to e % inch iron rod with yellow plastic cap marked "Ford Eng Inc" sal on the Southeastern riglrt of way line of Interstate Highway 35, for the Northeastern comer of the remainder of the said 3,065 sore tract, for the Northwestem wmer of this 87.735 acre tract; "rHb'NG'G: N 54°20'35" E-278.99 feel along lha Southeastern right of way line of interstate Highway 35, the Northwestem line of the said 87.76 acre tract to a''/: inch iron rod with yellow plastic cap marker) "Ford Eng Inc" set for the Northwestem wmer of the said Clearwater Real Estate - 8.956 acre heel, for the Northeastern comer of this 87.735 acre tract; THGNCG: S49°45' 17" E-along the Western line of the said 8.956 acra tract, a lute of the said 87.76 acre tract, at 686.30 feet pass a'/: inch iron roJ found for the Soutlternmost comer of the said 8.956 acre'tract, a distance in ell of 693.34 feet W a Magnail in Asphalt found for a comer of the said 87.76 acre tract, the Southernmost wmer of the said 9.00 acre tract in Document No. 200506030516, for a comer of This 67.735 acre heel; THGNCG; N 44°44'04" E- 381.82 feet along the Southern line of the said 9.00 acre pact, along the Soutltem lint of the said 5.956 acre tract slid along a line of the said 87.76 acra tract to the POINT OFBEGINNING and containing 87.735 acres of land, , necordbrg ro a survey made ors the ground under my srrpervfsfon; Bearing is NAD 83 Taxes Stale Plaoe Coordinate System. ing plat prepared. 2305.00 Rux L. Hackett Registered Professional Land Surveyor License Number 5573 10927 WYE DRIVE, SUffE 104, 1-80D-332.3109 web Site: IEXAS 78217 (210) 590-4777 FAX: 590-4940 TDPE No. F• i 162 50566642.3 Exhibit "A-1 ", Page 3 1Cxhibit "A-1" Depiction of the La Salle Property [See the following page J sose~~azs Exhibit "A-1", Page 1 50566642.3 Exhibit "A-1", Page 2 50566642.3 Exhibit "A-1", Page 3 Exhibit "B" Le>ial Description of the Rolling Hills Ranch Prope~~y S'rATC Olr TEJCAS CUUNTY OF GIIADALUP7?. J>icld n,des fnr n 194,56 acm tract oC lend our oCrlw Camel Hl, flabogan, Jr. Sunny Number 25, AhsVnct A`IRllbaf 142, sllualal In Gnadalupc Counp~, Tenors, boing comprised of du following tune: (I12Al:f q befog 4959 acrc4 in a decd Rani Iingo P.uerchcr nod wife, IDiaa Zuorgrar m Rlsa Zunchcr oral huabmd, Eugcoo Prcbooae, rannlrxl In Volume 738, Yagc 6 of the I7ccd Rocorde of Guadalupe c«mly, warn,; /154\CI' II) being 10.13 stta trap of taro) nnl of Ma lolw Noyes Survoy.No. 259, AbsVnq 253 io Oundnhrpo C«mry, Taros, being 10.13 eae Iraq «d of n called 163 Y, ocro trap as dazribM in a Jocd Ronr Augrial Krcih q ux to Rudolph Rciningar, rcgrdad (n Volume 25, pngo 5 W of the Decd Aaonls oC Cmadalupo C«m[y. 7bxas. Slid 10.13 xro Iraq «d oC rlw awlhwsl mmw of n caRcd 60.800 sera trap caovryvd as Collaax: k inlpca[ to 7aurrs A', Rabenron, Ir. by deed recorded m Volume IObd, Page 1; '/. Imcresl to Iamu AC Roberson; Jr. by docd reCMded In Volume 1077, Page 65; If3 inlcrau m fanrea W. Aabdsoq lr., 173 inlaest to PaUlak Rrlrard Roberson and 1/3 intacU to Rrick Igmea Rnlprson by decd rttoNcd m Volume 1)30, P;rga 9l3 uF the OlReiel Public Raords of (_~adilrrpe Couuly, 'Yexae. Slid 10.13 sea bahrg Ilro aarna land nor dasedbed in a Quilnlaim Deod Ran Junes W. 14oberaou, 7r, to Rnk Jemee Rabarson, nr:utdad to Valumc 1799, Pegc 29 of rho Ulfirael Publk Ilaonla ofQaradalupe Ccunly, Taxaa, (73[ACf 111) being 78.18 arses of Imp our Of a pllad 56.$06 ncm tract out o[Iha[ mrhrur 143 Si afro Icon of IoM as dascdbal in a deed flora Auguale Krnlla nod wife Rudolph Rriningur, reeordeJ In Voume 23, Pogo 334 of the IheJ Records of Guadalupe Coanly, 5bxaa, come being [het 163 X aua uaai uCland as daxnbed N a decal Cmm Adoph 1. Reinioger end Iola C Relnlugar to Adoph f. Reiniugu and Iola C. Rciniogcr Llving Tms4 nxardW in Volumo 977., Paga 349 elf Ihs UDicial Accords oCCnnrlalupa Cuudy, Taros, sold Living Tmn rovoked b)' LaatrnnM:ai io avrhing ,recorded In Vahime 1462, Pepe 343 a(Wo Ufllclul lhiblic Retards ofGrav4xlupe C«tnly, lbws. {I7LIC7' 11') being (ho romening undividrd 35.83 ecras out oC a 55.80 Hera pact of land om of Ihs Jolm Novas Survey No. 259, Absimci No. 253, Guadalupe C«rnly, Texas, and being 75.63 acres of Imp out oC Ihal ccnabl Ib3 r/. sera trap of lend descrlbod in a dead from Augur I(reia and wife to Rudolph Iteininger dated Oclobar 23, 1903 and rcorded N Voumo 23, Pngaa 554.555, llcod Records of Guhslalupe County, 'faxes, being Ibat enma Ib3 rA acre tract of trap dostrihed in a dead Dom Adolph 7. ReiningW mgt lalo C. Rdning¢r la Adolph 1. Aeiningor erW Iola C. Rdningcr Living Tnrsr dared Oclabar 24, 1991, and raeardal in Vdumo 972, PageE 549.336, UDicial Racade of Guadalupo County, Taros, sold Living Ttust bring rovolcd by inalmnm0l iu writing on Iu(y 31, 1943, Oy Adolph 1. Aaininger wgl Iolo C. Roiningel and recorded N Volumo IDb2, Page 343 of Ihs U(ficial Records of Uuadelupo Cawtry, Tmraa, said tract of Imp being pertirymlad yy Dad of PaHilibo detod Gdaber 3Q 1994 to Shari Lee Drw»Dald Waters Dom and by to Ann Dtwnfidd and ~fichxl Ahon DnunfiaW u 16 nett tract of Imp iu fm ainyde rewnkd in Volumo 1173, Pages 260- 267, Guad,7lulx Comry, Taxes, said treat of laud being funhm pnn(lioned by Deed of Perlillon cxeewod as o(D4amh 17, 1997 to [.ficliacl Ahan DmmDcld from and by Jo Arur Drumtield a IO acm Imtl of irmd in foo simryle retunkd in Guadalupe Geiwty, Taxer. (TAACI" V) bring a 66.83 acre trap of )sod out of rho Canol M Gohogaq Ir. Sunny Numhar 25, Abstrsat Nnmbar 142, eiwaled In Uuadelupo Ceualy, 'lkxas, and being a wllal 60,866 ecro Pavilion Tms4 «it of prose unain pelted 163 % oars and 86 aura tract rkscribed in the .Vdalph 7. Reiniogq and kLi C. Rciainger Iirlag 'fmai devil Ugaber 24, 199! a0d tcurorded in Vahlma 972, Fego 549 of the OOieial Pdbllo Accords of Gwtdnlupc CounlJL Tares. Snip 60,800 aare9 befog Ihs saroo PmP~Y rwnrpibd by the fbllowl4g dcedsio loln Daanm Smidr, raonleJ ps fdlowe; VWamo 1644, Pogo 119 (oomtounh irnnresl); Volwuc 1077, Page 69 (oacfoNr fntemat) Valuma 1400, Yngc 791 (onalhud iutNeot Fu rcnninhp7 30.64 neroa); Valuma 1503, Ibga 864 (ane•third hgrnes[ k rawrining 76,00 cores) and Vahuuo 1563, Pogo RO9 (onoddrd Inlararl m rcmaiuiug 70,46 otrae) all in Iho OlTgal I'ublio RecaMa of Cuedelupa C«udy, "frsas. Said frO,63 arras also behrg pre cans Find as dcacdbN as 66.804 acres in a prep item Inlrr Deanna -math to {4i0;am N. Wets ..id Jauua D. Smrrz, rxoNCd in Volume 1543, Pogo 813 of[ho Ollic'ral Publio Rceonls ofCJwidalupo C6naly, Taw. Snip 194.34 acre Iraq Cchrg ngae Wnicuhvly doscdbcd by moles and bounds as folloxg 50566642.} Exhibit "B", Page 1 fst•GINNING aln am.haD tech steel phi found nl Iho poird of Inluasdioo of Wo southeas[~li~w of Pr969rso RwJ{a prirstcly nVtiuteined rigM•of nny>, and lha-0¢tlhweat lino of Ilw ntonaeid ]G7 %. ncrc (met, vrith the angler lira of v 6p' trido Rnad I?nsemed Anown m Iola IVeg fa Wa north comer of p called 55.80 porn i2d as Jesmbad io a dtod from Iola C. Aeloutgar to 1¢ Aon Orum(idd, rcconkd in Valamq 1044, Page 117 and Volume 1077, Page 71 of Wn O4ie41 Public xnxuda of Ouednlupo Cpudy, Taws. Bald poiul elsp betnq the norW cpner of n re0ed IO.QOD stns trnd as des.:r{Ised in n doed fins ]¢ Mu llmmfidd and hllolwcl Alton RruMield l9 Shorio Jaa Bnuufidd 1Vatcrs, mmrded in Vduma 1173, Pngo 260 of the ORicial Publio xecords of Onadilnpo 4'.mudy, Teas. Sold poim des bahrg !ba xxat comer oftho aforesaid 44.860 arras iu n dud Rwn I]IaU9.tnna Smith i¢ WilllurnN. 19c1z Dud Janina O. Stanz, reconkd in Volume 1503, Page N 13 of dw OfRalal public Records otCnadnhrpo founly, Tozos. 71IENCR with tho sswUwast line 9f Prolwasa Road (a privddy nwinlnmcd right-0Fxxy) end the n¢rrhN'esl lino of Wo alowtald ]63 l sue nod And the nartirxeat Ifm of Wo afarem¢nfumpl BU sow tract, tianls W° 27' 47" 13aet, n dLylarwP OF I IOD3G Rd to 4 one half IIBaII e1ral )tin farad fa! d10 x'09! cam W 9f a aaI1W 84 acr¢ lead es d¢scnlsM rn z rked from Nantan Sclntdz and Evolyu Sahunz w D. A. SaiJars rand Agnes Sandgx ttcmded N Vawmo 328, Page 254 oFWa Uwd I4coords afGmdalupa 4:wmy,'1'oxns, ad being the mrW cgmer dtho herein ds4aibod l74SG acre I_+acl. 7'1D1NCE tviUt tlw romnaon ling aC Ihia tract and Uw alurtadd 30 errs Sand9rs bast Wa following lbrce cells; SouUt 24° 33' I S" Past, a dlaimee q[ 913.17 fret to a rn¢ halt inch skd pin Pound for en Idarior comer oC ibis Irecl; Nosh 34° l3' (NY' East, a Aitlame 9f 1624.08 14K w a 9m hnlf inch steal pin ad fnr Uro caslstn runt notlh comer ¢f this traU sad SouW 2-0° 42' S7" Baal, a disW_ra of 9Gd.40 fed to a me I~lf indt fficrJ pin f9usnl for Uro nanL commr of n [allad 6p,epU nsra tract as described m Wo following deeds to Nanay Ann Findw; Vdunw 1464, Paga I I9; Velmne 1673, Page 387 and Yolunw 1306, Pngo 477 alt atthc OIRCIsI 1'rtb)ic Rxorda nfl3uadslupc Cawty,'lkws and hoing Wa wet o9mcroCUds 6xn. TIIENC@ wdligg aomss We nfwuuld AU and 143 4: sera tracts, ssiW W9 ngWtmN Dno o[Uw Natcy Am Pindu GO,R40 acres and Uw sauWraal luw of the Ida Dronna Smith 64,806 afro Vad, SouW 66° 30' 26" Wrst, a dWauco of 2092,UN for[ to a ana belt Inch stcd pin found in Ihn cemerllno of tole Way for the west earner of WL Nan¢y Ann PindtY 64.$06 ecrgs, Via o¢nh 9orner of a w1li+d~G0.800 acre tract as deauibpd in a decd w lama W. Rob¢fe9q lr., reugrdnd k Vduma IN'vf, Fog 119; Ydutm 1077, Pie GS and V91um¢ 1130, Pegu 713 nil being in the Offitiul Puhllo Roconis of Cm:dahrpe Camdy, Teaas. Said point sdaa b¢Ing th¢ txasl tonscr of Ibe nf9rsswd Jn rlnn Gmmfiald 55.80 arm trod mid Wo awW Damn of llw Idn Drann~ SmIW GO.SOD asw InU, and babg eo iotalgr comer of Wa lkroiu dtscnlt W 174.36 aao IrarA TIIxJ4CE xtilh the souWxasf Rn¢ a! Uw aforueid 60,840 arm Pindu Tram, Sodh 25° 21' 4d" 13as1, s diatemo of 683,67 Cad w n one 1mD'tnsh steel pin sal for 0sc rwrlh Conner of n caI1M 10.13 mw Irnd as desaihed in u (juicgclnbn Decd to xrGC Jarnee Roberson, rwordsd to Volunw 1799; Page 29 of Wa OIRdaI Pnblia Rccgrds utGmdNupa Coady, Tcs:as, TIIENCL vriW 4w souUnveat luw 9f We afoNSairJ 60.860 aaa Pindu'frnd, Scud 23" 21' d$" Past, n dislanw of 709.21 fed to a 9m lailf incb steel pin (Lund fur the rani tvmu of a caged 14.13 ww Imt4 as deswibed in a Quickdnim Dtcd [o Rn}c lumra R¢Lersoq rocardad in Yolnma 1'779, Pogo 29 9f Wa ORicial Public Records of Quadalupe Caunly, lows, bring in a fcneq Iluo the s¢uthaasi lino of Ihn a(mesnid 1G} i, osro tract; Ilia nmWxt+sl Ilan of a 20 fua wido strip of land as described in derda to 71te (laggard CWnpeny, rK'9rdcd in V9hrmo 647, Pags 251 and Valrmc 647, Pago 233 oftlw Oxiciel Publla Raords of Ouedelupr County, Teaas ds¢ being the SpiW comer oC a raped 54.806 new tract ae duuipsd in dcodi to Nancy Ann Finder sad Ilusbead, Thomas Edwin piadu racoaltd as 54lalwerl i¢ Vduma 1064, Page 113 wd Y, hnueat hr Vohunc 1478, Pega 337 0l' iho DI11CIal Public R9rrords of Guadalupe County, Tawas, safd pohu h¢ing Ike southern ulosi nest sower of Win 194.54 num lw¢I. Tt1ENCE catch the souUraist Ihto of Ws nfwcsaid 143 '/. nsw tmd also bring Uso SaiWcnsl lirw ofthc atbrasaid 60,800 new tract and tlse naltnsest ling M7he Hagrpd Caopwoy 20 foot ride skip of laud Iho followiog ns9 rolls; South 64° 18' 11" Wet, n dlslmCC oP 92,39 feet w a one Irslf inch steel plu found tmd SeuW GOs 37' 07" Ncsl, a dietamo of 305.99 Rd t9 a acw halFindt aka( phr stt for We eou14 comes ofllw herein daaribM 19.1,56 new tract and lwhtg un We noMg7s1 lino ofa 1.63 arm (60 foot wide Rand Auras Rascmaa), TfIF:N(:E xiW the fencnl smrdsrnrl lwe of We nCareraid 163 3s app tract, South GO° 3I' 32" Won, n dlatanee of 64.40 Roc tv a om half inch etaCl piu tqund for We wet comer of a called 7.000 errs tract as dwuilxd in a deed to IdWOar favam Rdwraoo, remrylgd w Volume 1894, Paga 873 of thq Olxdel Public Records of dundnlnpo Caunly, Taws, 50544642.3 Exhibit "B", Page 2 THP,NCR wish the nonhrast lurq of the efaresaid 7.OW acm tmc{ North 29' 27' AO" West, n disUtnce of 489A5ICC4 to a ane luJFineh alai pin sa far ihq gndh mmu of [hc afurosaid 7.00 sure lmcl. 'PfIENCE aids We rroNnsest lino of the afuremii 7.1100 satires, South 60r' 36' IA"WaN, adhtanrtc of 623.29 fart w a auo half Tech stool pin fogdd 11rr the well crtmer qF thq 7,000 acts trap vul hdag pn drq northaoR line of a called 10,000 acro tract as dascrlbal In o tWed to IIIts30or Wsoma Rabtuaon (ggo-half udereat), fCGOlded in VQIURIe Ig94, Page 878 of Oro Ol7xial Public Rccorda afOuadnlupr- Camryy'fexns- 7"H4°NCE culltngador4 [hc nfuesgid 10.OOgdo trop), Soutlt 60° 3b' 24"\Ves6 n dlsmr~ce ofA6.1,59 fcer to a one Itaif inch ales) pin sa fu dro wcetem qwa scuds comer of tho hergw desuibgd Oars and 6aiug o0 the eorrthwrat lino oPOx gforeagkl 167'/, auo reset, THENCP, with Ilx apithwut Ilnc of4hu tract, Nordr 25° 04' dG° wq~, q a;maagq peas I, W tool w a sae tialf iceb ales) pin CtnmJ for Iha wcsl comp of 16a glatntaW 10.000 prre Oaa; Nodh 25° 05' 20" µrasl, a disdnce of 625.48 (ixl to a o0a hilf Utclt ales) pin fourM; NmW 24° 39' 20" W4st, q dlatprlCR 9f 207,90 tea to p oaq half wch steel pin toped Cor Iho sass comer of a uallcd 49.4 gcroa in a dced fimn Hugo Zuacher pod wife, L•lisq LUerclrer [o Elsa Zuuchu and bnabwd, Crggnq Pmitgasq, rcunded in Vdtmx 338, Page G of the Decd RxorJs oC Guadalupe County, Texats, for an inlaior mmw of this Iraq. Saul pole) also bdug tho nosh com~of o calla) ZS macs trau na droulbgd in a daJ Goes 1tulmM W, Rrbars d al to Ilnrvcy L'. Ifcsa, a al, rocorded in Voumo 323, PeC;c 4b of dto Ural RsOUrds uFOuvlalupo Cquuty, Texas. 'fftISNCL+ with the southeast lint of Ura aCaceald 49.4 sera Lmst Smith 64° OS' 47" Meat a dietagw of 1364.14 tea to a feau camur post fwnd w Ilx nonheasl right~afwgy Ono of Eckert Road for thq eeuth ornnRr oClbe Ixmiq described 49.59 ecte tree). T11Le1iL'E along iho nonbeast rigid-of-tr8y lint of -e5stt Road, NoNt 25° 29' 19^ WGSt, a distnnca Of 1567,.64 Rd to a fenrc canxr post farnJ N n cuthpdr al the iidpfaeetlgn of the amdxwsl righl•ofaray lino ofDckart Road auJ thq aoudawa Oue of CCaur4y Ropd Nn. 375D) Protrosq Road. THENCE ui0t apld euttiuk, North 7l' 47' S6" L!nsl, q d19IMCC df 25.60 tea in a fCI1Ce earner po4t found for a coma of tlq Itemin dugribed 49.59 acro tract. THENCE plapg the agrlhwst ime of (County Read Na 37GD) Probtxsa Roa6 NmW 6A' 19' 30" Gnsl, a dlalvxc of 1360.11 tea m n ant hNf inch Nxl pIn Coua1 qt a f0nr9 cauas poll W the asadhraal Wa of Cosmly Rwd No. 37GD, Fmboe4e Rwd for Ihq west comer of a celled 1.164 solo Oacl as dumbed io a deed fimt to Arm BmaJlold b Slxriq Lao -mmfidd Walem and hllchanl Allmt -nnnfiold, reseeded in lrolumo 1544, Pago 1 <rf dse O(Gclel Public Ra:orda of Ouatlslupv Courtly, Texas, and being Ihq gortlt comr4 of lhP 49.4 Oatre Ogcl. THENCE with tlx nanhRa44li~e oFthe pfwaaid 49.4 sacs uari and Uw aolnhwcal lino oftho aforueid J.164 amt tract, South 2•P 42' 28" l'asl, a Jittarxc aC 208.79 ka to a rna half Inch steel pin foam) for the aauth maser of lhp aforaaiid 3.164 acm Tract end Ming tho wHq corner of a called 5.00 nee: uaa as describod in a dRM teen Adolph 1. Reiningar and Iola C. Reinlhger to to Aqn -mnrficld, recrxdetl in Volume 1050, Paga-0'!8 elthe Offxinl Public RRgwJs of Otradalupe Cmnly, Texas, T7tENCE continuing with tlue ttatLeest lino of the afonyald 49.4 acro Oast and Iho southwest lino of tbq nCorestid S.OU sue Oad, South 24° 53' i 1" Plat, a dl4lance oC 33015 fact to a oqo Iw+IF Inch ace) pin fgrttd for IM souN comer uC the gfareaaid S.Op esuo ue+x and burg Oq; sees( corns of a Urq cwlkd remaining 45.800 acres oC land ae desaibed w a Deuel of PptOfion from Shuie l.ec -nmsfield Walgra to to Ann Dnunficld and Michael Alton -mw0eld, recorded in Volumo 1173, Pngq 260 of thq Otilclal Pubec Rcrnrda td'Ouatialupe Coumy, Tcm4, Cbr qn hddiar comae of this teas. THENCE wiW Ihq somheast lino of tho aforesaid 5.000 sera nnc1. Ndth lkl° 26' 13" East, n dislpgce oFGG0,l211!at to a ono half inch sisal pin found fur dta test limo of the ttforosaid 5.000 acts peel sad haing on Oro southwest lino of p enllod 10.000 sun tract es desuilxd in n decd to Sheria l.ao -mmfiald Wafers, feeorded in Volume 71T3, 1'aga 260 of tho Qrccinl4'ubiic Itccrnds of GLpdalupe County, Texas. THENCE adlh the southwest line pf Iles aluresxid 10.000 acre Oncl, South 24° 5T 42" $asl, a disleNGe oF250.39 foot to n eta half inch etml pin Gflmd Cw dsc south coma of iho aforesaid ]0,000 ecrq tract. 50566642.3 Exhibit "B", Page 3 '171RNCC wiW Iho soulhoml lino ohho said 10.000 ecm user, North bl° 21' 41" -ul, a dislanco of 552.60 fpN to n dne half inrh steel pin found for dre wsl corms of Wo aforesaid 10.000 seta Inn end bang Iha smith cannon oC a celleA 10,000 eae Irecl as JesurLal in n deed to DUchsel Ahon -runtficid, rocordcd in Yolunn 1262, Pego 273 of Iho UJiicial Public Records of GLadalupa County, 'fexm. 771HNCIC with rho souWoasl line of the td'oresald Michael Alton Orum0old 10,000 aao Iract, Nmlh 64° 1T 41" Eul, a dislnnca o(SS4„57 foes to a orte half uldt steel pin fmmJ in rile cenldlino of a 60 fool wide Road Uuement known a9 Iola Way (Privelo Road) for Iha ouldn mml north caner of the haeln described 75.87 sera tract mJ bring dx east corner of the afaeaaid IO.OW eme Iracf Sail polnl also being al Was»udnwst lute of a called 60.800 acre Iron m descnnLW in a deed to IVilllem N. WoU wtd Jvnm 0. Stara, recorded in Volume 170), Pago BI3 OP the O-iciel Public Records of (iundalupo Counry,'1'cxu. TI IIiNCR with Iha uorerhne oC Iola Way, North 25° 09' 47" Wpt. a dishsoce of 767.21 fen b the plan oC11RU1NNING. Uwringa baxd on drad rtxordod in Vdunte 1(Krl, Page 1 of Wo Ofliciel Public Rcaxda d'Uuedelupe County, Toxu. (NI aim sal ssiW rzd csp eWnped No. 4724) 1, lorry U. 1Vi0oq Jr., bcrcby cerllly Wel Thom Geld nalm wore lxelrared from an mt the Ground sarnwy r»ada undo my dircttion and auponisioa on Aupusl9, 2003. Jnry U. Wflkia, Jr. Itcgieleral Profcssioml [.end SiuseJror No. 4724 50566642.3 Exhibit "B", Page 4 Exhibit "B-1" Depiction of the Rolling Hills Ranch Property [See the folloN~ing page J 50566642.3 Exhibit "B-1", Page 1 i~ ~nA ~If{{ ~~IE I 1 i,~~ij5li~ll [ ~; ~~ iEii ~ l= f lli~2 ..~~ ~l ~t i ° ~ ~ ~~ S1 `11 i ,Sl I{~ ~ 1 ll f ~~ ~,~~w '~~ le 1, s ' 1 , s, ( ~I 7i !1 ~~~~ ( I ~ uo ~~al ~1~~~1" ~~~ I• i ~ 1. I f , ~g ~ ~~~ , f i' ' / fsi ~ I~f /,,, ;~ ~,. ~ 1~ 11 iii ~1~ h~ ~I ~~ ~;~ ~~~ i -,.fir ~ \~\~~~~~ ,4 'li t !li i s ill - a.r~ h ,I ,F' 9Q ~` G ~~ ~~ •` @~ ~-..~ ~ 4 ~~ 9~ ;' ~~ ~` L1 50566642.3 Exhibit "B-1", Page 2 Ij{ I4~ ,,III}~ !/, -~~ , 1 /~~ i ~ '1. 1i I~ \~~~1I~ `YS, • ~ \~~ i Filed antl Recordetl Official Publ io Recartls Joy Slreal ar, Counly Clerk Coma! Ccunly, Texas 01/09!2013 10:37:52 RM DRRLR 21 Page(s) 201306001201 ~~ ~~~ ~~` Yo4024 After Recordine. Please Return To_: Return acknowledgment to: Capitol Services, Inc. P.O. Box 1831 Austin, TX 75767 800/3454647 STATE OF TEXAS ~2J - 400~U9 COUNTIES OF COMAL AND GUADALUPE P60963 AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES This Agreement Regarding Cypress Point Sewer Facilities (this "Agreement"), is entered into to be effective as of the date of the final signature and acknowledgment by the Parties (as hereinafter defined) (the "Effective Date"), among the CITY OF SCHERTZ, TEXAS, a Texas municipal corporation (the "C~"), LA SALLE PARTNERS, LTD, a Texas limited partnership, ("La Salle"), and ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership ("Rolline Hills Ranch"), (each a "Par ", and collectively, the "Parties"). Recitals WHEREAS, La Salle constructed certain sewer facilities, including, but not limited a lift station and one or• mo1•e forced mains (the "Sewer Facilities"), which Sewer• Facilities are located on the La Salle Property (as hereinafter defined); and WHEREAS, that certain real property more particularly described on Exhibit "A", attached hereto and incorporated herein for all purposes, and depicted on Exhibit "A-1", attached hereto and incorporated herein for all purposes (the "La Salle Property"), and that certain real property more particularly described on Exhibit "B", attached hereto and incorporated herein for all purposes, and depicted on Exhibit "B-1", attached hereto and incorporated herein for all purposes (the "Rolline Hills Ranch Property"), are both within the service area of the Sewer Facilities; and WHEREAS, the Cypress Point Subdivision is within the La Salle Property, and the Parkland Master Plan is within the Rolling Hills Ranch Property; and WHEREAS, the cost of construction of the Sewer Facilities is not eligible for impact fee credits; and WHEREAS, the Sewer Facilities provide for equivalent development units ("EDUs") of capacity beyond what is necessary to service the La Salle Property; and WHEREAS, the Sewer Facilities have an estimated capacity of approximately One Thousand Two Hundred and Twenty (1,220) EDUs, which capacity may vary based on actual usage patterns; and ~8~4O24 Ps0964 WHEREAS, La Salle and Rolling Hills Ranch coordinated infrastructure construction in connection with the La Salle Property and the Rolling Hills Ranch Property, including, without limitation, coot•dination of the construction of the Sewer Facilities; and WHEREAS, the Parties desire to enter into this Agreement in ordet• to set forth certain agreements related to the Sewer Facilities. Agreement NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows: Section 1.1. Allocation of the Rights to the EDUs in the Sewer Facilities. The Parties hereby allocate tights to the EDUs of capacity in the Sewer Facilities as follows: (a) Aright to utilize up to Two Hundred and Eighty-Six (286) EDUs of capacity in the Sewer Facilities is hereby assigned to the La Salle Property (the "La Salle Pronertv EDUs"). Of the total La Salle Property EDUs, One Hundred and Twenty (120) EDUs of capacity are speciftcally hereby assigned to Cypress Point, Unit 1 ("Unit 1") and Cypress Point, Unit 2 ("Unit 2") (the "Units 1 and 2 EDUs"). (b) Aright to utilize up to Six Hundred and Seventy (670) EDUs of capacity in the Sewer Facilities is hereby assigned to the Rolling Hills Ranch Property (the "Rolling Hills Ranch Property EDUs"). (c) The remaining EDUs of capacity in the Sewer Facilities, which are estimated to be approximately Two Hundred and Sixty-Four (264) EDUs of capacity, which actual numbet• may vary due to usage patterns, shall be available for use by other property located within the service area of the Sewet• Facilities on a first-come, first-served basis. Such EDUs of capacity will be allocated, if available, at the time of final plat approval of property located within the service area of the Sewer Facilities. Section 1.2. Rights Run V/ith the Land. The Parties agree that (1) the rights to the La Salle Property EDUs shall run with title to the La Salle Property and shall not be assignable without the prior written consent of the City and the owner(s) of record title to the La Salle Property; and (2) the rights to the Rolling Hills Ranch Property EDUs shall run with title to the Rolling Hills Ranch Property and shall not be assignable without the prior written consent of the City and the owner(s) of record title to the Rolling Hills Ranch Property. Section 1.3. EDU Sewer Facility Reimbursement Fee. (a) A sewer facility reimbursement fee (the "SFR Fee") of Seven Hundred Thirty One and 67/100 Dollars ($731.67) per EDU of capacity in the Sewer Facilities, which numbet• was calculated by dividing the appt•oved cost to construct the Sewet• Facilities by the estimated One Thousand Two Hundred and Twenty (1,220) EDUs of capacity in the Sewer Facilities, shall be due and payable upon conveyance of any EDUs of capacity in the Sewer Facilities to a property owner for all EDUs of capacity in the Sewer Facilities exceat for the 2 VO14O24 P60965 Rolling Hills Ranch Property EDUs and the Units 1 .and 2 EDUs. Notwithstanding anything herein to the contrary, no SFR Fees shall be charged for the Rolling Hills Ranch Property EDUs and the Units 1 and 2 EDUs. (b) As used in this Section 1.3, "conveyance" of EDUs of capacity in the Sewer Facilities shall be deemed to occur upon recordation of a final plat. (c) The City agrees to use commercially reasonable efforts to collect the SFR Fees from property owners at the time of conveyance of EDUs of capacity in the Sewer Facilities. Within thirty (30) calendar days of the City's receipt of SFR Fees associated with the Sewer Facilities, the City shall pay Rolling Hills Ranch the amount of the SFR Fees collected by the City. Notwithstanding anything herein to the contrary, the City shall not be obligated to make any payments to Rolling Hills Ranch under this Agreement until EDUs of capacity in the Sewer Facilities are conveyed and the City recovers the applicable SFR Fees associated with such EDUs of capacity in the Sewer Facilities. (d) Notwithstanding anything herein to the contrary, because (1) the final plat for Unit 1 has been recorded under Document No. 201206022174, Map and Plat Records of Comal County, Texas, prior to the execution of this Agreement, and (2) all lots in Unit 2 are currently subject to contracts for purchase, the SFR Fees for the Units 1 and 2 EDUs shall not be payable to the City, and the Parties expressly agree that the City shall have no obligation under this Agreement to collect any SFR Fees associated with Unit 1 and Unit 2. La Salle and Rolling Hills Ranch shall determine fees owed to each other in connection with Unit 1 and Unit 2, if any, by separate agreement, and LA SALLE AND ROLLING HILLS RANCH HEREBY EXPRESSLY RELEASE THE CITY FROM ANY CLAIM FOR REIMBURSEMENT OR COMPENSATION FOR THE UNITS 1 AND 2 EDUS. (e) The Parties acknowledge and agree that the SFR Fees are not in lieu of wastewater impact fees. At the time of hookup to the Sewer Facilities, the applicable property owner shall be required to pay any and all wastewater impact fees to the City. Although no SFR Fees shall be due and payable with respect to the Rolling Hills Ranch Property EDUS and the Units 1 and 2 EDUs, the applicable property owners shall still be required to pay any and all wastewater impact fees at the time of hookup to the Sewer Facilities in connection with those EDUS of capacity. Section 1.4. Releases. EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT OCCURRING AFTER THE EFFECTIVE DATE, EACH OF THE PARTIES, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY FULLY, FINALLY, AND FOREVER RELEASES AND DISCHARGES EACH OF THE OTHER PARTIES, TOGETHER WITH EACH OF THE OTHER PARTIES' RESPECTIVE AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES' RESPECTIVE COUNCILMEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "RELEASED PARTIES") FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEBTS, DEMANDS, LIABILITIES, OBLIGATIONS, AND SUITS, OF WHATEVER HIND OR NATURE, IN LAW OR 3 YO14O24 P60966 EQUITY (INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS OF FRAUD, DURESS, CONTROL, MISTAKE, NEGLIGENCE, GROSS NEGLIGENCE, WRONGFUL CONDUCT, TORTIOUS INTERFERENCE, UNFAIR COMPETITION, AND RESTRAINT OF TRADE), THAT EACH OF THE RESPECTIVE PARTIES OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS HAS, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, ABSOLUTE, CONTINGENT OR SPECULATIVE, DIRECT OR INDIRECT, PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER, FORESEEN OR UNFORESEEN, AS A RESULT OF, ARISING UNDER, RELATED TO, ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THIS AGREEMENT, EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT OCCURRING AFTER THE EFFECTIVE DATE TO WHICH THIS SECTION 1.4 DOES NOT APPLY, INCLUDING WITHOUT LIMITATION, ANY ACT, OMISSION, COMMUNICATION, TRANSACTION, OCCURRENCE, REPRESENTATION, PROMISE, DAMAGE, BREACH OF CONTRACT, FRAUD, VIOLATION OF ANY STATUTE OR LAW, COMMISSION OF ANY TORT, OR ANY OTHER MATTER WHATSOEVER OR THING DONE, OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO. IT IS THE INTENTION OF EACH OF THE RESPECTIVE PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE. EACH OF THE RESPECTIVE PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN. THIS SECTION 1.4 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 1.5. Imnlied Waiver. The failure of a Party hereto to insist, in any one or more instances, upon performance of any of the terms, covenants, or conditions of this Agreement shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant, or condition by the other Parities hereto, but the obligation of such other Parties with respect to such future performance shall continue in full force and effect. Section 1.6. Recitals and Exhibits. The recitals and exhibits are incorporated herein fully as matters of contract and not mere recitals and exhibits. Section 1.7. Notices. Any notices contemplated under this Agreement shall be deemed effectively given (i) when personally delivered or (ii) five (5) business days after being correctly deposited in the United States mail and mailed certified mail, return receipt requested, to the noticed Party at its address set forth below: If to the City: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attn: John C. Kesel, City Manager 4 V0~4024 P60967 with a copy to: Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attn: Katherine A. Tapley If to La Salle: La Salle Partners, Ltd. 303 Stratford Lane Laredo, Texas 78041 Attn: John H. Keck with a copy to: Perry O. Blanton 206 Entre Rios Blvd. New Braunfels, Texas 78132 Telephone: (210) 508-1505 Email: pbnblantondevelonmentcom with a copy to: The Weichert Law Firm Attn: Glenn K. Weichert 3821 Juniper Trace, Suite 106 Austin, Texas 78738 Facsimile: (512) 263-2698 Email: glenn(c~,weichertlaw.com If to Rolling Hills Ranch: Rolling Hills Ranch Development, Ltd. 106 Del Court Laredo, Texas 78041 Attn: William W. Alston Any Party may change its address for notice to any other address within the United States by providing the other Parties with at least ten (10) business days prior written notice of such change in the manner set forth herein for notices. Section 1.8. Severabilitv. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid, unconstitutional, illegal, or unenforceable for any reason, the remainder of this Agreement and the application of such word, please, clause, sentence, paragraph, section, or other part of this Agreement to the other persons or circumstances shall not be affected thereby, and it is also the intention of the Parties that, in lieu of each provision that is found to be invalid, unconstitutional, illegal, or unenforceable, to the extent legally permissible a provision be added to this Agreement which is valid, constitutional, legal, and enforceable, which is as similar in terms as possible to the provision being replaced, and which does not deprive the Pazties of the benefit of the bargain described in the original form of this Agreement. Section 1.9. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. There have been and are no YO14024' P6096ff' agreements, covenants, representations, or warranties between the Parties as to the subject matter hereof other than those expressly stated or provided for herein. Section 1.10. Headines. The headings in this Agreement are for convenience only and shall not be construed to expand, limit, or otherwise modify the terms of the Agreement. Section 1.11. Governing Law and Venue. All parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The parties agree to submit to the jurisdiction of said court. Section 1.12. Further Assurances. Each Party agrees that it will take such actions and execute such documents as reasonably necessary to fully carry out the purpose and intent of this Agreement. Section 1.13. Counterparts. This Agreement may be executed in multiple counterparts but will be considered as a single instrument when it has been finally executed by all of the Patties. Section 1.14. List of Exhibits. Exhibit "A" Legal Description of the La Salle Property Exhibit "A-1" Depiction of the La Salle Property Exhibit "B" Legal Description of the Rolling Hills Ranch Property Exhibit "B-1" Depiction of the Rolling Hills Ranch Property [Signatures and Acknowledgments on the following pages. ] VO14024 P60969 SIGNATURE PAGE TO AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Agreement Regarding Cypress Point Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas municipal corporation By: J C. Kessel, City Manager STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the t%1' 'day of(1~, 2013 by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas muntc' al corporation, on behalf of the City. [ SEAL ] ,~ SARAH E,130NZALEZ l ~yy~ ` ~~ Notary Publk Notary Public in and for t State ofre,as Printed Name ofNotar 'OFD My Comm. Fxp.10.31~2016 y' - My Commission Expires: 50566642.7 S_1 Y~14024 P6097Q'~ SIGNATURE PAGE TO AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Agreement Regarding Cypress Point Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. LA SALLE PARTNERS, LTD., a Texas limited partnership By: La Salle Patners GP, LLC, a Texas limited liability company, its Sole General Partner By: KIAA.~ J H. Keck, Manager STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the /~ jday of,~('~ 2012, by John H. Keck, the Manager of La Salle Partners GP, LLC, a Texas limited liability company, the Sole General Partner of La Salle Partners, Ltd., a Texas limited partnership, on behalf of said entities. AL ~.~• •yr~*r~ PATRICK J. PAPE 1 I ~ Notary Publlc, State of Texes Tl '•~i 1 ~~ My Commisslon Expires '' rhx ~ „•• September 26, 2014 Notary Public in and for e State of Texas Printed Name of Notary: My Commission Expires: 50566642.3 S-2 VO14024 P60971 SIGNATURE PAGE TO AGREEMENT REGARDING CYPRESS POINT SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Agreement Regarding Cypress Point Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership By: Rolling Hills Ranch Management, L.C., a Texas limited liability company, its Sole General Partner By: ~~iH'WV William W. Alston, Manager STATE OF TEX S § COUNTY OF CG § This instrument was acknowledged before me on the ~~ day of ytCd,. , 2012, by William W. Alston, the Manager of Rolling Hills Ranch Management, L.C., a Texas limited liability company, the Sole General PairtneT• of Rolling Hills Ranch Development, Ltd., a Texas limited partnership, on behalf of said entities. [SEAL] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: •wwwws QAG~/f,f.~Ie.'. /•IAUV~~~ zo`°'"~`bgi~ EVERITT DONALD WALKER n Notary PU611c p STATE OF TE7(AS ~~,I¢~ My Domm. Ezp. 07-09-2010 ni~VW 50566642.3 .S'-3 V814024 P60972' Exhibit "A" Legal Description of the La Salle Property [See the following two pages J 50566642.3 Exhibit "A-1", Page 1 VO14024 P60973 F FF~IIIIG, I111C. Date: July 22, 2010 Project No: 2305.00 FIELD NOTES DESCRIPTION Page 1 of 2 Field notes describing 87.735 acres, situated in the C.M. Gahagan Jr. Survey No. 258, Abstract No.142, Guadalupe County and AbstraclNo. 182, Comet County, Texas, being all of that certain tract of land called to contain 87.76 acre tract ofland conveyed to [credo Tanglewood Partners, Ltd. recorded in Volume 2047, Page 670 of the Official Public Records of Guadalupe County, Texas and Document No. 200406032823 of the Official Public Records of Contal County, Taxes; being morn particularly described as follows: EEGINN/NG: ate %: inch iron rod with cap marked "4724" found on the Western line of 'Eckhardt Road for a comer of the said 87.76 acre tract of lend, for the Sou[heastem comer of that certain 8.956 acre tract of land conveyed to Clearwater Real Estate, LLC. recorded in Document No. 200706045571 of Official Public Records of Comal County, Texas, said 8.956 acres being a portion of that certain 9.00 acre tract of land Talley-Ho Venture, Ltd recorded in Document No. 200506030516 of the Official Public Records of Cotnal County, Texas, THENCE: S OB° 36' 25" E- 1481.51 feet along the Western Ilna of Eckhardt Road, the Eastern line of the said 87.76 acre tract to a %: hrch von rod with yellow plastic cap marked "Ford Eng ]nc" set for a corner of this 87.735 acre tract; THENCE: 5 14°27'46" E - 711.75 feet continuing along the Western line of Eckhardt Road, the Eastern line of the said 87.76 acre pact to a %: inch Iron rod with yellow plastic cap mazked "Ford Eng Inc" set for a corner of this 87.735 acre tract; THENCE: S 25°I4' 10" E -1667.07 feet continuing along the Western Tine of Eckhardt Road, the Eastern line of the said 87.76 acre tract to a %z inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for the Soulheastam comer of the said 87.76 acre tract, the Northeastern comer of that certnin Kucherka Family Trust Tract recorded in Volume 1948, Pago 928 of the Official Public Records of Cuadahrpe County, Texas, for the Southeastern comer of this 87.735 acre tract; THENCE: S 59°25' 16" W -1323.50 fee[ along Ota Seulhem line of the said 87.76 acres, the Northam line of Ote said Kuclterka Faznily Tmst Tract to a fence corner found for dte Southwestern comer of this 67.735 acre tract; THENCE: N 08°I4' 1 l" W -1054.09 feet along the Western line of the said 87.76 acre tract, the Eastern line of that certain 95.34 nere tract of land conveyed to RBV2 Limited Partnership recorded in Volume 1654, Pege 904 of the Official Public Records of Guadalupe County, Texas to a fence comer found for a corner of this 87.735 acre tract; THENCE; NOS°13'50" W -1274.88 feet continuing along the Western line of tllo said 87.76 acre tract, the Eastern Ihte of the said RBV2 limited Partnership Tract, along the Eastern Ilne of that certain 64.5 acre tract conveyed to Aurora Jean Sada Pachew recorded in Volume 1339, Page 392 of the Ofl'icial Public Records of Guadalupe County, Texas, also being shown in a WYE DRIVE, SUITE 104, 1-80(1-332-3109 SAN ANTONIO, TEXAS 78217 web Site: wwwfordengineedng.mrn (210)590-4777 FAX: 590-4940 TBPE NO. F-1162 50566692.7 Exhibit "A-1", Page 2 YDl4 0 2 4 P60 9'7 4 Page 2 of 2 Clerk's Document No. 9806010324 of fhe Official Public Records of Comal County, Texas also alatg the Eastern line of that certain 18 acre tract called Tract 2 conveyed to Barbara Wright recorded in Document No. 200906025647 of tha Official Public Records of Comal County, Texas to a %:inch iron rod with yollow plastic cap marked "Ford Eng Inc" set far a comer of the said 18.0 acre tract, for a comer of [his 87.35 acre tract; ITHENCE: N84°25'19"W-129.33 feetaloagalineoftheseidl8.Oacretract,alinaofthe said 87.76 ncre Iraq to a fence comer found for a comer of the said 18.0 acre tract' for a comer of this 87.735 acre tract; THENCE: N 14°42' 14" W -2100.61 feet along the Western Rne of the said 67.76 acre tract, the Eastern Ihto of the said 18.0 acro tract, the Eastern line of the remainder of that certain 3.065 acre tract of land conveyed to Barbara Wright tolled Tract I recorded in Document No. 200906025647 of the Otlicial Public Records of Comal County Texas to a'/: inch iron rod with yellow plastic cap marked "Ford Eng Inc" set on the Southenstem right of way line of Interstate Highway 35, for the Northeastern comer of the remainder of the said 3.065 aore tract, for Ore Northwestern comer of this 87.735 acre tract; THENCE: N 54°20'35" E -278.99 feel along lha Southeastern right of way line of Interstate Higitwey 35, the Northwestern line of fhe said 87.76 acre tract to a %, inch iron rod witli yellow plastic cap marked "Ford Eng Inc" set for the Northwestern comer of the said Clearwater Real Estate- 8.956 acre hacl, for tho Northeastern comer of this 87.735 acre tract; THENCL•: S49°45' 17" E -along the Weslem line of the said 8.956 acre tract, a lino of the said 87.76 acre tenet, at 686.30 feet passe % inch iron rod Found for the Southernmost comer of the said 8.956 acro'hact, a distance in all of693.34 feet to a INagnail in Asphalt found for a comer of the said 87.76 acre tract, the Southernmost comer of the said 9.00 acre tract in Document No. 200506030516, for a comer of this 87.735 acre hacg THENCE; N 44°44'04" E -381.62 feet along the Sorrthem line of the said 9.00 acre tract, along tha Soutllem line of the said 8.956 acre tract and along a line ofthe said 87.76 acre tract to [he POINT OF BEC/NA7NG and eoulsining 87.735 acres of land, ,according ro a survey made °n the ground under n0'snpervlsion; Bearing is NAD 83 Texas Stale Plaae Coordinate System. ronding plat prepared. No: 2305.00 Rex L. Hackett Registered Professional Land Surveyor License Number 5573 10927 WYE DRIVE, SURE 104, i-800-332.3109 IS 78217 (210) 390-4777 Web S1[e: www.fordengineedng.com TBPE No. F-f 162 FAX: 590-4940 50566642.3 Exhibit "A-1", Page 3 VO14024 P60975 Exhibit "A-1" Depiction of the La Salle Property [See the following page J 50566642.3 Exhibit "A-1", Page 1 YO14024 P60976" SOS6bG42.3 Exhibit "A-1", Page 2 YO14024 P60977 50566642.3 Exhibit "A-1", Page 3 VO14024 P00978: Exhibit "B" Lel=_al Description of the Rollin>i Hills Ranch Property S'CATE OR TEI(AS (COUNTY (1P GUADAJ,UPIS Pield nmeE far n 194,36 auc>rect of land our oCdw Camel td. Oahogan, h. Surray AS,mber 23, A6WOe1 Nuh>bar 14L, almeled In Guedslupo County, 7'axn±, lwldg conp,uscd of the f'dlowing trade: frltrlCl` q being 49559 acre in a daW frau Hugo 7.uttcher add ,vita, rilisu 7.rwrchor m Blsa ZuerxA,br aoJ husluaod, Bugcob Prohoasr, recorded In Voluma 3J8, Pege 6 of the 1)cal Raco,da of tlusdslnpe County. Tutas; tT11AC1' Il) being 10.13 ado hod of land out of Iha Zahn Noyra Sunray Nn. 259, Abstract 253 in Ovadabipa Cam1y, Taws, hdng 10.13 acro tract out of n cn8sd 163 H. acm Imd as dasaribM in a d,xd ff6nr August Kraitz d ux to Rudolph Rciningar, rcaxded iu Vohuna 73, pnge 53.1 of the Decd Records of (luadalnps Camt}•, Tscaa. Said 10.13 sub boat tan dC tha tauthaasl comer of a caUcd fA.800 aua Ind conveyed as folbus: V ;ntucst to Jame; {Y, R96erwn, lr. by drat retarded in Volume 1064, Pogo 1; Y. lnuneat to Jame N'. Rabenoa; Ir. 63' dced racasclbd In Voluma 1077, Psgc 65; 1f3 io[crest m James W, Robuaan, )r., If3 iNarcu to Patrlak Iwisa]ed Rol,enon and 10 io[ued to IIrick 7nmes Ro(randn by dced nowded in Voluma 1130, Ji:OJa 713 df Iha Official Public Records pf Guadahupe Catmy, Toxas_ Svd 10.13 auo hoh\q Ilan flank lo,uJ ns described in o Quitclaim Decd &mn Januu W, Rabcrwa, lr, to fink Iamr9 Rabcrsnn, ramdsW W Voluma 1799, Pago 29 oflWe Offjcisl Public Reaorrls ofCll,adalupa Caumy, Taxes, (TRACT III) Wring 78.18 sues oCland W t of o w11o0 60,800 ocm ltncl aul of Wet curtain 163 i'i rtes Irad of land se r4zrrlbed in a deed from Auguste l4rulta and wife Rudo~b Rciuir{gar, recardad lu Vdumo 25. Pogo SSA of the 1)eeJ Records of Guaddupe Cfuny~, 1'exns, same being Ihel 163 74 n~rb uad of bur d as described in s.lacd faun Adoph 1. Reiningu end loin C. RdnWger to Adolph 1. Rcinisga and Ida C. Rdnfoga Cluing Tnn1, maardad in Valunra 972, Paga349 of the OUficial Rccor~ oCQuaslalupa Coungy Taxis, Bald Liviog Tmst rcvgdrad by Iosllumcdl in writing , rceorded In Volume 1062, Page 343 of Iha OIRrJnI Public Retards of (71Wddupa Conoly, Teaas. {I'Rr\~ IV) being Ihq romainG,g andirided 33.83 neras out of o 53.80 wra vacs of land oUl of tha John Nayss Survoy No. 259, Abstract No. 233, Guadalupe County, Texts, and bang 73.83 acres of land om 9f that certain 163 Y. acro Iraq oPlaDd drsan'bod in a docd from August Krela nml vrife W Rudolph licininger dated October 23, 1905 and rocorded in Vdunro 23, Pag4s 5,54553, Decd Rcaonts of Guadalupe County, 'Csxsa`, benrg Ilna[ snmo 163 % acr9 nar:t of land dcsarihad in s deal Gmn Adolph J. Rdninger mnl Iolo C. Rciningu In AJ91plt J. Aciningor and [Dla C. Rainingu Living Tnaat dated Octpher 24, 1991, end nrordal m Volumo 972, Page4 549.530, U~cinl I;acorJs of (luadelupo County, Texas, said Living Tnst bahtg rovoked by in5tldmaN iu uniting an July 71, 1993, Uy Adolph 1. Reiningar and tole G R6iningu and raeardad in Voluma 1067, Pago 343 of dta Ulrirael Ree9eda oC Ouadelupa Courtly, Toxns, said tmu 0f land being perlitionod by Uxd of Padilian dalad Oclobcr 30, 199310 Shan Loa Drm„fiaW Wators Gam and by l9 Ann Drwnfiald end ;1(irOsel Almn Btumflald tr CO nard tram of Ivgl in fea simple rewrdbd iu Valumc 1177, Pages 2150. 267, Guadalupa County, Texsa, said nett oC land Laing funhu parllionad by lleed of Pnrlitian cxxutod as OCDfa,c11 17, ]99710 M1thaCl Alton Drtlmllald front and by 111 AInIDNInD91d a ID acid trail of lend in foe slmpl0 recdrdcd in Gusdrdnpe COimty, Texas. (TRe\Cr V) hdng a 40,83 osro trod of laid out of the carrot M Galwgaq Jr. Sun~ey tJnm6ar ?3, AbsUSCI Number 142, eWualcd !n Ono&hrpa C4nnly, 7kaes, and being a idled 60.800 abm Partition Tres out of Ilwse anain called 163 'A aao and 80 acro tract rMSCribad in Iha Adolph 1. Reiniogu and Iola C. RdningC( I~ving Tmn datod October 24, 1991 aid letwrded in Vahunu 972, Fega 549 of the Oficial PubllO Records of 4uadalupe Cadnly, Texas. Said 60,800 Aafea being Iho samb proputy canpikJ by thb following deadsta loin I)panos Smith, reconlal ru follows; Vdnma 1064, Pnga 119 (ddwtouM imarcal); Vdmnc IU77, Page 6y (sue-forUl inlaresr) Voluma I3D0, Page 791 (uoe-Ihid inle,cat iu re,mhting 30.04 ncraa); Vdurna 1503, )`ego SOS (one•thhd inluci[ N ramnining 30,04 mrca) and VPWina I3U3,Pago 809 (wo-lhird Imardst In remaiuhlg 30,114 narca) all iu Iha Official Publio Roaerda Uf OuadoUrpo CdI1Ny, Trxas. Said 40.83 ears Nso (ping the scow land ns dcunbad as 60.800 ours in ~ dced Itom Jo1n Uemwa ~ndlb Io {('illiam N. \Vatc a.,d 1a,no; O. Sbrta, recoNad in Volume 1$03, Pogo 817 of Iho Olllctal Pnblic Rernrda of (iuidalupo County, Tsans. Said 194.54 aerc Irad ping own panicu(vly described Uy mdrs and [rounds as Cdlanx 50366642.3 Exhibit "B", Page 1 VO14024 P60979 DEGINNING ale oAe.half inc4 stet pht found 61 the point of IWusedian of Wo aouthtust.li~w of Prohaesp Road(Apmalrly hgiulaiacd rightarf-xa}), and Iha-apdhwest lino of the atoruaid I6?'/. new lmct, wilt Iha aNCr line of a 60' wide Road F§aempN Imown as Iola 1Vay, fn Iha Aanh comer pf n caged 31.80 Wert ImU u dcambed {A a Aped Gpm IoIA C. Rfdninger Io Jo Ann Dmmfidd, rtconleJ in Volama IOW, ppgc 119 and Volume 1077, Page i) of We GRlalal PuhOc Ra~ords oCGuedahrpp Caudy, Tazns, Sald point also bring the naAraanar of a cp0d1 IOD00 cue Dad rts daaedhed in n dovd Rant JD Ann llrumfwld anal hFchad Alton Grnmfreld W Slwria I.aw Fnmsfield \Yntns, :bearded in Volump 117}, Pogo 240 of Iha OllieiN Public Recprda of GneSilnpp CauMy, 'faces. SNd pairs play hNag Ihv xcst wmer pf the o<wesiid 60.800 curs w n deed Gan Idn Drvtm Smith to Will Imo N. Wca pad Jarttos O. SinAZ rceadpd in Volume 1307, Pagp 813 aftha ODlaLil PubOv RefrordR of Gsgt4lhryc Cwa1y, Tmcns. TFIENCP. ~viAr We sau0.rarl lino aF Probcese Road (a pris;~(dy mainlnuwd righl~f-way) apd 140 nadtH'eaf lino of rho afomraiJ Ib} % auo Dap axl the nanhx¢st I lrw of Ilw afaememioncd BD acre trait, NoNr Gd° 2T 44" Fast, o Jgrartco of 110036 R t to n o0o hAlf itch r1ep1 pin Caund for 0w xbsr comer of a called 86 acre Irad as desenbed In a decd Gom Nanran Sahudz and FvNyu Svhucrz to F. A. SwJers and Agnes Sanders, tcparded in Volwnp 728, Page 239 of Wv DtcJ ltcoords of Guadntppa Coumy, "1'axns, and being toe north c9msr al lho ItcreN At4cribod 19434 airu Imal. '1'111SNCR a{W Iha mmman lino of this tract And Aw afvrrspid 80 pcrv Sanders Tract too t411pxing Wruc rills; SovOt 24° 73' 18" F-0st, a dlaNnca of 9!3.17 fad to a me half Ukh steel pia found lbr nfl Interior tamer oC This Imcl; Nonh S4° l3' (MY' East, a dalaaca of 1029.D8 Rif lu a om half inch steal pin af9 fa 0w a%ICro moat coil}t Gptner of rh151raff cad South 7-0° 92' 37" Fa51, A dlataltfp Of 96B.4D faC[ Ip a pna Inlf iArh steel pin laird for Aw nonh taper aF a eAOod bO,800 acre Gpcl es Jeacribed is the fallowing dcuds Co NAapy Ann Finder, Vdunm 144.1, Page 119; VAlwne 1078, Pegs 787 and Yolun» 1306, pogo 477 nil of Aae Glliefol Prtblip Racanls of GuadUupe CaiMy,'Cawa Wad heing Iha seat mmer vfAsls tract THENCIC wrligg acrpsa the nfoarsNd 811 erd 143 Y. acro Iratla, with Atp nOrdtavlW ]loo of the Nancy Aun Piadar G0,8(p acres and Iha southmsl lirw of rho Ida Dtarwa Smith dq,BDD apo tract, South 66° SU' 7b" Wrat, a dlsrevice oC2092.U8 foci to a a0o hnV lrtch s1cN pin fvnnd in 14c ccnretllae of Iola Way for the n2s1 caner of thb Nancy AnA Pindfy 60.800 Acres, Are Aanh corner of h rallal CA,$OP ace [met as deacribad ht a decd W )ama \V. RObpraa0. Ir., recorded hr Vduma ID6J, Page 119; Vdump 1077, Poga GS aid Yolumc 1130, PAgc 717 all bp{ng iA the Official Puhlla Raords of Guadalrpe Gdmty, Ta8a5. SpW pofni also boiAg tM west conwr of Ih0 aRresaid Jo Apn DmAAiald 53,8(1 aao trap :ud Iha south avner of Aw loin Oeamq SnA1h fA.800 acre Iran, and bpltsg AA iAtorlpr comer aCthp hemi~ dcacnbed 194.56 spa GarA 'I'IIFNCLr xilh the 6outhxCal Ilia af0m nforaaid 60.800 acro PiAdp 7Yap, South 25° 2(' A8" Fes[, a distaACO of 683.6T 2d to n om loll inch ateeJ pia set for the mnh Wfrrer of a fa11M 10.13 pcm trAp as rkscrilrad in u Quiclealahn Qecd to Frfk Jarpes Roberson, ceoorded in Volume 1799; Page 29 9f dra OFiaal PnbFlc Recads of Orwdalupa Caumy, Trsas. THENCE with Am sau0mea! law of Ate efpraad 60.000 ape Finder Trat4, Soudr 23° 21' 48" I'.ast, A dialanw of 709,21 fro m a one half {mb steel plu/hand for We cast fvruar of a called 10.13 p9ro trap as Jpacr{hed in n QuidcclNm Decd m Frlh lamca Ap4ason, recpnlpd In Yolnme 1709, Page 29 of rho Officio! Public Records of Guadalupe Cowriy, Tewa, Ucing in a lento Ma Wa spadteast lino pf the afpteaAid IGJ ~ aue frog; the nwthx'asl !log of o 20 fUal wide ship of land aq described in deeds m 71rp !laggard Cwppvty, mpptdod is V61unm 647, I"age 231 and Volume 497, Paga 333 ofthe ODlcml Public Rxod9 of Guadalupe Cwnty, Teaus Also 4efug the Sptlh cwncr oC n ca0cd 30.800 Acm trap as dasenbtd w dceil~ to Neney Atm Puler and 1[uaherd, Tlamas Fdwin Pindu rreprded na K Inlpraal in Vahnm 1064, Psge I IS pod Y, Iptuesl in Vvlwne ]078, C'ago 307 of the OFldal Pubga Records of Gnadalupc Count}', 7kxas, Bald puhu being 0w saulhcm ntori nst comer ofthis 194.34 Hera Iwd. Tt1ENCE with she sou0wnaf lino of Iha aforasNd 167 '/. caw 1md Nan 4eing llw satReasl lino of the Afaasiid 60.800 rtue treat mid the na0mrst firm pf 77re Regard Cargwny 20 fool x{Ap strip of loud Iha PoRosrrog [wp eutJb; South 60° IB' I1" West, n dlslence oP 9',1,39 feat W a ape half iuch stmt pl9 fond cad SauAr GO' 37' 07" lYCrl, a dislancp of 503.99 fop to A cup boll indt steal pin ett far the south soma of rlw herc{n dpreribrd 194,36 Hem tract and beutg on the nanhtnsl lino afa I.GS aria (60 fool x9de Rand Acecsa P~sanau). THENCE x{th Iha Tented souAsrnst Tina oENp MoresxiA l63 % ape Ifwn, SppW 60° ll' S2" \Vaal, rt Alalanee of 60.00 fed W a om boll hteh area our farad for Ifie wsl comer of a ca0n17.000 rtaw imp as Jrspibed {n n Acted to m4aAOr lsvnrrrv Raharsaq recard4sl w Valumc 1094, Ppge 873 of the OFlaial Ppbliu Remrda oCGU~dAlapa Cglnly, 7'naps, 30566642.3 Exhibit "B", Page 2 VO14024 P00980' T1fENCR rrilh 16e uorthtesl lino oFtlu eforweid T.000 acre trees, North 24' 27' 40" IYcsh a dl9hinae of 499.43 fad to a one WlFinch alts! pin sd for Wa nosh Gamer of the a6iremid 7.(p acre heel. TI.IEN(.~ aiW dx nordrwcst lire of WG alkacmid 7.000 avc tract, SquW GO° 36' 24' Wr41, a rUalarma of 627.29 fart m a ono MY ineh noel pln fogdd for We we:t rumor aFUx 9,000 aam t.ad and bc4ae on We ncathpst lino of a called 10.000 aqG0 ,V~nct as d4scrWed la a t4xd to Iilmnor I.atvmq Robdwn (ano-lnlt udwcal), recorded in Volume 1$94, ,.qE $78 ofdaJ OffmWl PuhGG RGG-0ND nfOWdglgl}G Cglnl)•,'1'CxA6. 171BNCk: aelfw$ aorau the etaesnid IO,nO-nGrO uaoh Sgnh 50° 3b' 24" Wtst, a dLtmrwe gfA64,S916et to a ax lulf loch steal pin aq fa We x¢etern most aauW romar of the hereto dceGibcd trap and boiug ou We aeulhwcet lino of du afarcstid IG7'/ aGrq [race 'f1IR$1CR niW the eouWwwt Ilno of Chia tout, North 25° 04' Ob" WGSi, a WalaucG of 441,(14 feq to a ono UnlPinch steal pm fuuud IDr the weal camd of Wo aCerruald 10.090 aao Imr~ North 23° OS' 20° µ'GSt, a dWanCO of 523A8 (i+el to a one halFhtch tlul pln found; NwW 24° S§' 20" Wos6 a dialmwa of 207,90 Cat W e o¢a half mch atal pin Cound for WG Gaal corner of a salted 49.4 Werra w a dad firnn Hugo 'Ludcher evd wife, L'liae Lucrchcr to )Slsa LuGChd end husbiod, Hugcie Froboeat, rruarkd In Vdnmr 338, 1'nge G of We Decd Raords of 6uadalups County, Texas, Car an igtrrlw tamer of Wis trop. Said pohd also being the uorW wmrr of s Galled 25 nrna lord as dgwibal in a daJ hqn Boland W, Arbon d al to IlarvGy G. 1IGZa. d al, recwdcd in Vnlumo 32_l, Yagc 46 of WG Uzal RxoNs of Ovadalupa Couwy, Tvxis. 'f'l4RHC1, xiW Ws aouWraat ]tae of tlx afwcsaid 49.4 acre trap, Sou W G4' OS' 47" Wt•st, n diewnce of 1364.14 foot to a Cena comer post fdmd m dro nar[htast right~of•w0y lino of Rsknrt Road fw the eaWh owrtrr of We hatain deaGdbed 4§.59 acre tract. 77iCi NCE nlang tho uanhw# rigbr-oRtra3' line of f?GJxrt Road, NaW 25° 29' 19" Wtat, a dislAnco of 1557..53 fed to a flue comer poll frond nt n culMrk at dro iidorptdfon of the nortlueasl r"rgldrof-Iray Itno of L'Gkan Rued and IhC souWcast lino af(Cauuly Road ND.375D) Frnbaato Road. THENCE wiUt said cuttintk, ltbrW 31.47' S6" 1~, adiatence of 25.80 fed to o fens tarot post fount for a comer of Ilan ixraln deactibed 49,59 acre !reel. TRANCE aloogUx adtWoast lhx of (County Road No- 3766) Frabgos9 Road, NorW 64. 19` 3d" Bnsl, a dlatarur. of 13btl.11 faq et a me half loth Stwl pln fmlml al a fbnca eont4t puss la Iha agtWwst Ilea of Cwmly Road No. 3760, Froboeso Ra7d lYK Iha weal sorwr aCa Gelled 3.154 asro had es drsctibnl io a dead Lom to Ann BruudlelJ W Slterie I.ea ^mmficld Waters and M1licbaal Alton IlmmAdd, rawrdpl Li Valwno 1544, Pagq 1 of drG Official Public RecoNs of Oundalupo Canaty, Texas, and befog Wo nodh came Of Iha 49,4 aaroa hart THENCE ttiW dx nanhtast hue of the nfwaaid •19.4 av¢s trap and IIW eaauWwsxl hoe of Iho aCorueid 3.169 sore [met, SomL 2d° 42' 2$" past, a distance of 208.79 feet to n one half loth ata91 pin faurei Cw We sauW eonur of,h0 afwoairW 3,154 nsro hart and bnhtg Iha ssvsl owner of a exiled S.f10 Wert trap as descrihod in a Jet4 fn)m Adolph 1. Reisinger and Iola C. RG-tuWger W to Ann Dmmficld, racnNod la Yolumo 1050, Page 449 of Ox olfrgnl pnblla Reewds of 4uadelnpe cannty, Texas, THENCE conliouing wiUt Wa twrtluast lino ofthc afangald 49.4 acro Irect erd WosouWwcat Jinn of Wa eCorasaid 5.00 ova hod, South 24° 53' 11^ Fast, a dlslaraa of 73025 fat to a oua ludf hlrL atcel pin fwr~ Cor Ow souW romer of W4 aforcaold 5.00 uaa tart and bang the avast came of a the rolled remaining 45.800 aerc4 of laud as deevibod in a Decd of pattilion from Shuio l.x Orumfidld Wolers m to Ann BnueGcld and Micheq Alton RrwnDeld, recorded in VoWme 1173, FggG 250 of the ONelal Public RecorUs of Ouodahrpe County, Toms, Ibr w bddiw omler o[ Wis trod, TfiRNC6 wiUt We sumhoaat Goo of Wo afmaaeid 5.000 sera hac6 Nwrh 64° 2$' 13" East, a dislaau of GG0, 12 f2et to a ono hull inch stal pin found fw tha east line of Tito eforosoid 5.000 acre tract and being ar Ux arwthwest lino of n aallod IO.ODD Hero tract as dasdibed in a decd to Sh9rj0 7,09 EmmFi0ld WeiOts, rxwded in Volume l iTl, Pgge 250 of the Official Public Racwds of fAradehrpo County, Texas, THENC`lt ndth Ih9 southwest line of tlx al'otasnid )0.000 acr9 Unq, 3owh 24' ST A2" Rost, o dialana o12S0.59 fed la a ono half inch eteol pin found fw We south comer oflba aforesaid 10.000 ncro haGL 50566642.3 Exhibit "B", Page 3 VO14024 P609'8 f 77IRNC6 rvidt dre soulhoast lino of rho said 10.000 acre naor, Nosh 6•I° 21' 41" I¢est, n diglance of 552,60 fool to a one Iwlf inch steal pin found for Oto air corns of rho afaeaaid 10.000 sera tree and being the soudr corns of a alllod 10.000 acts trnu ns deicrLal in a dad to AGthaJ Albs Oruntfiold, rocorded in Voluni0 1262, Pogo 237 of the ORlciel Wblic Rxads of (eLedelupo County, Tezea 771FWCR with tho sou0ioasl line oPlhe efaesaid Michael Alton Crumlfokl 10,000 aNa Iran, North 64" 1T 41" Cull, a dishvrce of 334.37 fret W a use hal(brcJr sltel pin Powul id the cemahne o[ a 60 loo wido Road Iluamml known a9 Iola Wey (Private Road) fa the wzermr nrnsl rorlh caner of the betels dciaiberl 75.87 sere Irecl end being Ilw tall corntr uC the afaesslid IO.OW sere Iratl. Sail Iwint also bring at We soudnrest Ihro of a c80eJ 60.800 acre nx1 m descdbtxl in a deed a NiWun N. Woe and Jamm O. 3lariz, recorded in Volunm 1707, Pago 613 of the OOlcfel Public Records of Guadalupe Caunty,'fezai, TI[k:NCB with dw uorcvOna of Iola 7Vny. North 27° 09' 47" Weal, a dirWma of 787.20 Car to rho place of IIY,GINNING. Ucaringa baenl an decd raordod in Vduma 1064, Page I of Wo O(Ociel Public Bacardi of Ouazklupo Caunly, Tezm, (All pine act pith red cap eWnped No. 4724) I, lorry D, 1Vilki0. Ie, IKrchy eerily IfVI Otaso Oald norm were prrysarad ftonr an on Iho ground mrcay mado uudcr my dircaian and auponision On August 9, 2003. terry D. Wilkit. Jr. Iteyalmod 1'rafeaiorel Lard Sunoyror Nu. 4724 50566642.3 Exhibit "B", Page 4 YO14024° P60982" 1Jxhibit "B-1" Depiction of the Rolling Hills Ranch PropertX [See the following page J 50566642.3 Exhibit "B-1 ", Page 1 VO14024 P60983 ~ iii, ii { i~a i I ~'~ lE l ~, ~~ ~z I I ~€ ~ ~ ~ ~ 6~~~K ~~II~ } ~ ~~ 6 ~~ ~~~ ~~ i hl ~ ~'I ~ i~ ~' ~I k~ ~` ~ a i E Is_ ~ o i -_ b! ,~ 4 i ~ ~~ r ~~ e1:r P 4 /f v- ~ t% O O f,6~t R o~ ~ ~ `Q __ __~` ~C3 ~~ ll \~ O .z 1 ~ ~ .,,pp d / d is ~:cn fie. Y, 5 ~.~ ~, ~+ ~ \\\ ~ Mfr ~: ia` m -' s ~t+°~+ Jr~ R ~i i \ 0l ~ ~ ~ !~ ~~ Iii ''t.\ ~~~ ~\ ~I -_-- ;I~P i , .~ ~~~ ~~ _~ 3_ R = ~ ~i~~ sos~6~az.a Exhibit "B-1 ", Page 2 Y~4~24 ~8p98~ w This page has been added by the Guadalupe County Clerk's office to comply with the statutory requirement that the clerk shall stamp the recording information at the foot of the last page of the document. This page becomes a part of the document identified by Document Number ~- ~~b ~ affixed on the first page of this document. ~ ~'ed ~ . C~+01 °~rUic4S 1nG S00 ~ra~(~5~- ~'-~ n .~ ~~01-x538 FILED FOR RECORD 13 JAt~ -9' AM II ~ 07 ~0 TY T GIiADA~IU~E COUNTY BY bTATE OF TEXAS COUNTY OF GUADALUPE I pertly thle inaVUmenl wea FILED m the Oafs end el tlio Bme stamped Ihenon end wee tluly reoordetl in the OlAdel Publlc Recortle al Guadalupe Ca+rdy~, T~eroea. `OJatY COG,p J° .ue/1v 1 EGA e®A TERE9A KIEL T, ~ Ouedalupi G1XUdy ClerX Y40sou.rE~ REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF WATER TRANSMISSION MAIN IMPROVEMENTS STATE OF TEXAS § COUNTIES OF COMAL AND GUADALUPE § This Reimbursement Agreement for the Construction of Water Transmission Main Improvements (the "Agreement") is entered into by and between LA SALLE PARTNERS, LTD., a Texas limited partnership, (hereinafter referred to as "La Salle"), ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership, (hereinafter referred to as "Rolling Hills Ranch"), and the CITY OF SCHERTZ, TEXAS, a Texas Municipal Corporation (hereinafter referred to as the "City"), to be effective as of the date of the final signature and acknowledgment by the parties (the "Effective Date"), for the purpose of evidencing the agreements between La Salle, Rolling Hills Ranch and the City for allocation of equivalent dwelling units ("EDU's") of capacity in certain water facilities to La Salle and Rolling Hills Ranch; and the allocation of the City Water Capital Recovery Fee Credits by the City to La Salle and Rolling Hills Ranch in connection with the completed construction of an off-site water transmission main. WHEREAS, La Salle is the developer of the Cypress Point Subdivision, and Rolling Hills Ranch is the developer of the Parklands Subdivision (jointly referred to herein as the "Subdivisions"); and WHEREAS, to provide water service to the Subdivisions, the installation of an off-site watet• transmission main was required by the City, and by the construction of and payment for this water main extension, La Salle and Rolling Hills Ranch qualify for City Water Capital Recovery Credits; and WHEREAS, this Agreement is being entered into pursuant to Subsection 212.071 of the Texas Local Government Code, which authorizes a municipality with a population of 5,000 or more to make a contract with a developer of a subdivision or tract of land within a municipality to construct certain public improvements. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: 1. Definitions. 1.1 Watet• Transmission Main - approximately 7,160 linear feet of off-site water transmission main running approximately parallel to IH 35. 1.2 Water• Proiect -The planning, design, and construction of the Water Transmission Main. Page I 1.3 Water Proiect Cost -The total actual cost of the Water Project, specifically including an engineer's compensation and expenses (professional engineering services to include field surveying, design, drainage studies, bidding and construction management), right-of--way acquisition, construction costs, development/construction management fee, and any required legal fees. The documented Water Project Cost approved by the City is $659,619.71. La Salle and Rolling Hills Ranch affirm that the Water Project Cost is the actual cost. 1.4 The Cypress Point Subdivision -The subdivision currently being developed by La Salle, being more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes. 1.5 The Parklands Subdivision -The subdivision currently being planned and to be developed by Rolling Hills Ranch, being more particularly described on Exhibit "B" attached hereto and incorporated herein for all purposes. 2. Credits To La Salle And Rolline Hills Ranch. 2.1 Water• Capital Recovery Credits. The City shall provide credits up to the amount of the $659,619.71 of the Water Project Cost spent in constructing the Water• Project in the form of Water Capital Recovery Credits. La Salle, Rolling Hills Ranch, and the City agree that La Salle shall be entitled to up to the first $304,447.70 of Water Capital Recovery Credits, and that Rolling Hills Ranch shall thereafter be entitled to the remainder of the Water• Capital Recovery Credits in the amount of up to $355,172.01 from the sale of lots within the Subdivisions. La Salle and Rolling Hills Ranch further agree to collect from each buyer at the closing of the sale of each lot in the Subdivisions, "City Water• Impact Fees" required to be paid by the lot purchaser to the City for each meter (cunrently in the amount of $2,934.00 per meter) multiplied by the number of lots being purchased by the buyer at that closing, and to deliver an Assignment of Water Impact Fees (each an "Assignment") to such lot purchaser equal to the amount collected at such closing using a form substantially similar to the form attached hereto as Exhibit "C" incorporated herein for all purposes. Rolling Hills Ranch and La Salle shall execute the Memorandum Regarding Water Impact Fees (Cypress Point Subdivision) in substantially the form set forth on Exhibit "D", attached hereto and incorporated herein for all purposes, and the Memorandum Regarding Water Impact Fees (Paz~klands Subdivision) in substantially the form set forth on Exhibit "E", attached hereto and incorporated herein for all purposes. 2.2 Acceptance of the Assignments. The City agrees to account for and accept Assignments by La Salle or Rolling Hills Ranch tendered to the City by lot purchasers in the Subdivisions in lieu of payment of City Water Impact Fees up to the total amount of the Water Project Cost. This Agreement shall terminate upon the earlier to occur of (1) the full issuance of credits for the Water Project Cost, in the form of Water Capital Recovery Credits, to La Salle and Rolling Hills Ranch Page 2 in accordance herewith, or (2) in the event that the total credits available to all of the lots in the Subdivisions is less than the total Watet• Project Cost, upon the issuance of all credits available to all of the lots in the Subdivisions. Notwithstanding anything herein to the contrary and for the avoidance of doubt, the City shall not be required to reimburse La Salle or Rolling Hills Ranch in the form of cash fot• the Watet• Project Cost; the credits to La Salle and Rolling Hills Ranch shall solely be issued in the form of the Water Capital Recovery Credits as set forth in this Agreement. 2.3 Additional Reimbursement to Rolling Hills Ranch. In addition to the Water Capital Recovery Credits referenced above, Rolling Hills Ranch shall be entitled to a pro-rata reimbursement by the City for one-half the cost associated with the construction of 1,550 feet of waterline along Eckhardt Road (total cost approved by the City is $194,881 or $125.72 per linear foot). One-half the cost per foot equals $62.86. Notwithstanding anything herein to the contrary and for the avoidance of doubt, the City shall have no obligation to reimburse Rolling Hills Ranch for such amounts until after such time as the City has received and collected the funds to be reimbursed to Rolling Hills Ranch from third parties in accordance with the terms of a separate agreement to be entered into between Rolling Hills Ranch and the City. The City shall have no separate obligation to reimburse Rolling Hills Ranch for such funds. La Salle hereby waives all claims to this pro-rata reimbursement by the City, and the terms for payment or credit by the City to Rolling Hills Ranch shall be established by separate agreement between the City and Rolling Hills Ranch. 3. Default And Remedies. 3.1 Notice of Default - In the event any party believes that the other party has defaulted on its obligations hereunder, the party that is alleging the default (hereafter whether one or more, referred to as "Claimant") shall serve the party alleged of having defaulted (hereafter referred to as "Respondent") with written notice of the specific terms and conditions the Claimant has alleged the Respondent has failed to perform ("Default Notice"). This written notice shall be served upon the Respondent by Claimant in writing by Certified Mail. 3.2 Op ortunity to Cure -Upon receipt of the Default Notice, the Respondent shall have thirty (30) days from the date of receipt of the Default Notice to either (i) remedy the alleged default by taking appropriate actions, or (ii) serve a written response to the Claimant denying the allegations of default and providing specific reasons and rationale for the denial of the allegations made by Claimant. 3.3 Enforcement - In the event the Respondent to a claim of default fails to remedy or cure the alleged default within thirty (30) days, then the Claimant shall have the right to seek legal and/or equitable remedies against the Respondent for the alleged default by the Respondent as described in the Default Notice provided under Section 3.1 above. In the event the Respondent is found, by a court of Page 3 competent jurisdiction, to have been in default, the Respondent shall be required to pay, in addition to any amounts for• damages as provided in the judgment of the court, any and all attorney's fees and court costs expended by Claimant that were reasonably associated with and necessary for the bringing of the action by the Claimant for enforcement of the terms of this Agreement or collection of damages resulting from the actions or omissions constituting a default on the part of the Respondent. In the event the Claimant brings legal proceedings against the Respondent and the legal proceedings result in a judgment by a court of competent jurisdiction declaring that the Respondent has not breached the terms of this Agreement, the Claimant shall be responsible for the payment of any and all attorney's fees and court costs expended by Respondent that were reasonably associated with and necessary for the provision of a defense by Respondent to the allegations asserted by Claimant in the litigation. 4. Assienment. The rights related to the Cypress Point Subdivision's allocated EDUs which are the subject of Section 10 of this Agreement, in whole or• in part, may be assigned by La Salle with prior written approval from the Ciry, which approval may be withheld in the City's sole discretion. The rights related to the Parklands Subdivision's allocated EDUs which are the subject of Section 10 of this Agreement, in whole or in part, may be assigned by Rolling Hills Ranch with prior written approval from the City, which approval may be withheld in the City's sole discretion. 5. Severabilitv. If for any reason, any one or more paragraphs of this Agreement are held legally invalid, such judgment shall not prejudice, affect, impair or invalidate the remaining paragraphs of this Agreement or• this Agreement as a whole, but shall be confined to the specific sections, sentences, clauses or pazagraphs of this Agreement held legally invalid. 6. Term Of Agreement. 6.1 The term of this Agreement shall commence upon the Effective Date, and shall terminate as provided in Section 2.2 herein; provided, however, certain provisions shall survive termination of this Agreement as stated in Section 6.2 below. 6.2 Section 10 of this Agreement, relating to the allocation of EDUs, and Section 4, relating to the assignment of EDU capacity, shall survive the termination of this Agreement. 7. Notices. Any notice, request, demand, report, certificate or other instrument which may be required or permitted to be furnished to or served upon the parities shall be deemed sufficiently given or finished or served if in writing and deposited in the United States Page 4 mail, registered or certified, return receipt requested, addressed to such parity at the address set forth below: LA SALLE: John Keck 303 Stratford Lane Laredo, Texas 78041 Telephone: (956) 286-3676 Email: johnkeckl(c~mac.com With a copy to: Perry O. Blanton 206 Entre Rios Blvd. New Braunfels, Texas 78132 Telephone: (210) 508-1505 Email: p~blantondevelonment.com With a copy to: The Weichert Law Firm Attn: Glenn K. Weichert 3821 Juniper Trace, Suite 106 Austin, Texas 78738 Facsimile: (512) 263-2698 Email: lg eminweichertlaw.com ROLLING HILLS RANCH: William Alston 106 Del Court Laredo, Texas 78041 Telephone: (956) 791-0057 Facsimile: (956) 791-0059 Email: wwalston70Cc~yahoo.com THE CITY: The City of Schertz Attn: John Kessel, City Manager 1400 Schertz Parkway Schertz, TX 78154 Telephone: (210) 619-1000 Facsimile: (210) 658-0268 Email: jkessel~schertz.com With a copy to: Fulbright & Jaworski L.L.P. Attn: Katherine A. Tapley 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Telephone: (210) 270-7191 Facsimile: (210) 270-7205 Email: ktaRley a fulbri hg t.corn Page 5 9. Incorporation Of Recitals and Exhibits. The recitals and exhibits are incorporated herein fully as matters of contract and not mere recitals and exhibits. The following exhibits are attached hereto: Exhibit "A": Description of the Cypress Point Subdivision Exhibit "B": Description of the Parklands Subdivision Exhibit "C": Form of Assignment of Water• Impact Fees Exhibit "D": Form of Memorandum Regarding Water Impact Fees (Cypress Point Subdivision) Exhibit "E": Form of Memorandum Regarding Water Impact Fees (Parklands Subdivision) 10. Acknowled¢ment And Accentance By The City. The City acknowledges and agrees that (i) the Water Project has been fully constructed by La Salle and Rolling Hills Ranch, (ii) following final inspection, the Water Project has been dedicated to the City and incorporated into its publicly owned water main systems, and (iii) La Salle, with respect to the Cypress Point Subdivision, and Rolling Hills Ranch, with respect to the Parklands Subdivision, each has a right to the water capacity on an EDU basis in said water system as enumerated below: Par /Subdivision EDUs La Salle/Cypress Point Subdivision 304 Rolling Hills Ranch/Patklands Subdivision 600 TOTAL 904 11. Time Of The Essence. Each party agrees to use reasonable diligence in its performance of its respective obligations under this Agreement. 12. Governine Law; Bindine Effect. All parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The parties agree to submit to the jurisdiction of said court. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their heirs, successors, representatives and assigns. Page 6 13. Counterparts. This Agreement may be executed in multiple counterparts but will be considered as a single instrument when it has been finally executed by all of the pasties. [Signatures on next page] Page 7 LA SALLE PARTNERS, LTD., a Texas limited partnership By: La Salle Partners GP, LLC, its general partner m H. Keck, Manager ROLLING HILL5 RANCH DEVELOPMENT, LTD., a Texas limited partnership By: Rolling Hills Ranch Management, L.C., its ge~n~e~ranl spa •• er By: William Alston, Manager THE CITY OF SCHERTZ, a Texas Municipal Corporation By: John C. essel, City Manager [Acknowledgements on next page] Page 8 STATE OF TEXAS § COUNTY OF § his Reimbursement Agreement was acknowledged before me on the day of 2012, by John H. Keck, Manager of La Salle Partners GP, LLC, a Texas limited liability company, the sole general partner of La Salle Partners, Ltd., a Texas limited partnership, on behalf of said entities. ~`..~'~ PATRICK J. PAPS 0~f ~ Notary Publlc, Stete of Texas My Commission Expires i +,~~j,~t September 25, 2014 ' Notary Pu tc, State of exa STATE OF TEXAS § COUNTY OF ~'~~ § This Reimbursement Agreement was acknowledged before me on the oSd day of ~~ , 2012, by William Alston, Manager of Rolling Hills Ranch Management, L.C., a Texas limited liability company, the sole general partner of Rolling Hills Ranch Development, Ltd., a Texas limited partnership, on behalf of said entities. Notary Public, St e of Texas rU~"0.Y PLe(n EVERITT DONALD WALKERS STATE OF TEXAS § ~ 5 Notary Publlo 6 STATE OF TEXAS t COUNTY OF GUADALUPE § ~ My Comm. Exp. 07~OS~2013 E 'IT•rn ~~ This Reimbursement Agreement was acknowledged before me on the ~n ay of Jain , 201, by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas municipa corporation, on behalf of the said City. ~~ ~ ~~ SE,f{1'r, L-, GONZ4LF2 i ~' Notary Pu61ic Notary Public, State of xas ~'•~,p- My CommExp.10.31.2016 Page 9 EXHIBIT °1A" DESCRIPTION OF THE CYPRESS POINT SUBDIVISION [See the following three pages] Page 10 ~o G, INC Date: July 22, 2010 Project No: 2305.00 FIELD NOTES bESCRIPTION Page 1 of 2 Field notes describing $7.735 acres, situated hr the C.M. Gahagan Jr, Survey No. 258, Abstract No. 142, Guadalupe County and AbstraetNo. 182, Comet County, Texas, behtg all of that certain tract of land celled [o contain 87.76 acre tract of land conveyed to Laredo Tanglewood Partners, Ltd. recorded in Volume 2047, Page 670 of the Official Public Records of Guadalupe County, Texas and Document No. 200406032823 of the Official Public Records of Corral County, Texas; being more particularly described as follows: EEGJNNlNG: at n %: inch iron rod with cap marked "4724" found on Ore Western Ihta of Pckhardt Roed for s comer of the said 87.76 acre tract of lend, for the Southeastern corner of that certain 8.956 acre pact of lend conveyed to Clearwater Real Estate, LLC. rewrded in Document No. 200706045571 of Official Public Records of Corral County, Texas, said 8.956 acres being a portion of that certain 9.00 acre tract of land Talley-Ho Venture, Ltd recorded in Document No. 200506030516 of the Official Public RecoMs of Corral County, Texas, THENCE: S 08° 36' 25" E- 1481.51 feet along the Westem line of Eckhardt Road, the Eastem line of the said 87.76 acre tract fo a %z Inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for a comer of This 87.735 acrd tract; THENCE: S 14°27'46" E-711.75 feet continuing along the Westem line ofEckhardt Road, the Eastern line of the said 87.76 acre !tact to a'Fi inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for a corner of this 87.735 acre tract; THENCE: S 25°14' 10° E -1667.07 feel continuing along Ute Westem line of Eckhardt Road, the Eastem line of Iha said 87.76 acre tract ton %z inch iron rod with yellow plastic wp marked '`Ford Eng Inc" set for the Southeestam corner of the said 87.76 acre tract, the Northeastern comer of that certain Kucherka Family Tmst Tract recorded in Volume 1948, Paga 928 of the Dfficial Public Records of Guadalupe County, Texas, for the Southeasfent corner of lltis 87.735 rcre tract; i7-ENCE.• S 59°25' 16" W -1323.50 feet along the Soulhem line of the said 87.76 acres, the Northam line of [he said Rucherka Family Tmst Tract to a fence corner found for dre iouthwestem comer ofihis 67.735 acre tract; THENCE: N 08° 14' 11" W -1054.09 feet along the Western line of the said 87.76 acre tract, the Eastem line of that certain 95.34 ncre pact of land conveyed to RBV2 Limited Partnership recorded N Volume 1654, Page 904 of the Official Public Records of Guadalupe County, Taxes to a fence comer found for a comer of this 67.735 acre tract; THENCE: NOS°13'50" W -1274.88 feet continuing along the Westem line of the said 87.76 acre tract, the Eastem lhre of Ure said RBV2 limited Pariner&hip Tract, along the Eastem Ilne of that certain 64,5 acre tract conveyed to Aurora Jean Seda Pacheco recorded in Volume 1339, Page 392 of the Official Puhlic Records of Guadalupe County, Taxes, also being shown in a 10927 WYE DRIVE, SUITE 104. SAN ANTONIO, TEXAS 78217 (210) 590.4777 FAX: 590.4940 1-800-332-3109 Web Site: wwwPordengineeting.tom iePE No. f•t 162 Page 11 Page 2 of 2 Clerk's DocumentNo. 9806010324 of the pfOcial Public Records of Canal County, Texas also along the Eastern line of that certain IS acre pact called Tract 2 conveyed to Barbara Wright recorded in Document No. 200906025647 of the Official Public Records of Comal County, Texas to a %: inch iron rat with yollow plastic cap marked "Ford Eng Inc" set for a comer of the said 19.0 acre tract, Tor a corner of this 87.35 acre tract; THENCE: N 84°25' 19" W -129.33 fat along a line of the said 18.0 acre Tract, a line of the said 87.76 acre pact to a fence comer found for a comer of the said 18.0 acre tract, for a comer of this 87.735 acre tract; THENCE: N 14°42' 14" W -2100.61 feet along the Western Ilne of the said 87.76 acre tract, the Eastern lino of the said 18.0 acre tract, the Eastern line oftha remainder of that certain 3.065 acre tract of land conveyed to Barbara Wright called Tract 1 recorded in Document No. 200906025647 of the Official Public Records of Comal County Texas to a Y~ inch iron rod with yellow plastic cap marked "Ford Eng Inc" set on the Southeastem right ofway line of Interstate Highway 35, for the Northeastern cornerbf the remainder of the said 3.065 sore tract, for Ote Northwestern comer of ibis 87.735 acre tract; THENCE: N 54°20'35" E - 278.99 feel along the Southeastem right ofway line of Interstate Highway 35, the Northwestern Ilne of the said 87.76 acre tract to a %inch iron rod with yellow plastic cap marked "Ford Eng Inc" set for Ore Northwestern comer of the said Clearwater Aeal Estate- 8.956 acre pact, for the Northeastern comer of this 87.735 acre tenet; THA.NCE: S49°45' 17" E -along the Western line of the said 8.956 acre beet, a Ih1e of the said 87.76 acre tract, at 686.30 feet pass e'/, inch iron rod found for the Souhernmosl comer of the said 8.956 acre'tract, a distance in nil of 693.39 feet to a Ivlagnail in Asphalt found for a comer of the said 87.76 acre tract, the Southernmost comer of the said 9.00 acre tract in Document No. 200506030516, for a comer of this 87.735 acre tract; THENCE; N 44°44'04" E -381.82 feet along the Southern line of the said 9.00 acre tract, along the Soutllam line of the said 8.956 acre beef altd along a line of the said 87.76 acre tract to the POINT OFBEClNNINC end eo0laining 87.735 acres of land, , necording ro a survey made on the grotmd under my sxpervlslon; Bearing is NAD 93 Taxes Stale Plaoe Coordinate System. ing plat prepared. zvRS nn Rox L. Nnckett Registered professional Land Surveyor License Number 5573 10927 WYE DRIVE, SURE 104, 1-800-332~3f09 1S 78217 (2101590-4777 Web Site: www.(ordengineedng.com TOPE No. F-f 162 FAX: 590-4940 Page 12 Pnge 13 EXHIBIT "B" DESCRIPTION OF THE PARKLANDS SUBDIVISION COUNTY OF GUADALUPI: P]dJ rnaw fora 194.}6 sue Iraq of IenJ out of the Carrel hl. Oahngur, Ir. Suncy IsSursher 25, Absyatt is'srnlber 142, alwarod ti Guadalupe County, Texv, Iwlug compelled of the fogowiug Oaas~ (17UC C 0 being 49.39 carp in a Jcal from l Ingo Zue«htt and rife, filisa Zuereha ro Rlea Zunc4rar mrW huebaod, Eugeao Proboaae, reeosJn! ti Voume J7E, pogo 6 of dre Deed Rceoids of OuaJalnpo Coumy, Texas; (I7tACT IU being 10.13 acre tray of land wl of Ile lobo Nq'ta Survey Na. 259, Ahgraa 237 in OruJelupe Cawly, Tezas, bring 10.13 9a0 Iran au of n celled 16] Y. acro rma as dascribM ie a JecJ Rom Augs W Krcilz a ux la Rudoph Rcininger, recardnl in Volume 25, purge SN of Iba Drod RaoWa o[ OundWupo Cvun[y%Teus, Snid 10.13 Pere Irecl out of rla aadhWel cmna oCa celled (A.800 aae rraq cons<ysd v Polbua; '/. Imam to lama W. Rdxrmo, lr. by dcwi rcoordal is Volumm 1064, Page 1; Y Imaeal to Jmmes R'. Robenon, Jr. by Jed recorJal io Volume 107/, Page 63; V3 imerosl b home W. Robttscss, lr., 1/3 imerzal Io Pauldl Fwlward Rnberwo noel 1/3 inteMd Ia IIrirk Jnnsm Roberson by decd rzwrdcJ in Volume I U0, liege 717 of Iha OlRciel Public Rxanis oP Ruadalupe Couvly, Taxes. Said 10.13 euo being Ilm aarnm lead na dueribtJ b e Quitelalm Dcod Rom Junes W. Raberroq )r. to 8nlr Jmnxa Robnaon, rocoWal M Yclumo iT99, Pegc 29 oCtlm ORIcIW Publb Rrconls of 0uadslupc (oumy, Tcxv, (TRAI:T III) Irving JB.I S nrra oClaad ad of o rolled 6U.8 W acro Iraq out of Ihal artairl 163 Y, acre Iran of land ei slorcribod in a dad from Auguste K«i1z rood wife Rudolph Rcininger, reaxded hr Voume 25, Pebro }}.I of the Dad liceorde of Guadalupe County, 7bxaa, surso being tbel 167 Y mm trod u[ Lsnd ae dcscnLtd in a rkW from Addph 1. Rcininger end lob G RtdWngtt ro Adolph 1. Rainioga anJ Iola C. Rciaiaga Cluing Tnin, rooordod in Volume 972, Page 549 of else OR)clal Rccards of Guadalupe Cwuly, Taus, raid Liviog Trust rovoked by Iasllumsm in wsi0ng , raordM hs Velnme I W2, Pogo 743 of rho ORidal Public Record of GruJalupo Carm}•, Texas. (IRACI' IV) being dso romeining undivided 75.83 aae out of a 53.80 acre Oeer of IeM out Of Iha John Novas Swwy No. 259, Absueol No. 253, Guadalupo County, Taxers, and being 75.87 acres of lend out of Ihal Certain 167 Ye acro Ina of land rksenbod in ^ deed from r\ugust Kreia noel wife ro Rrahslph Rcininger dale) Oelobor 7J, 1905 anJ Iaorded in Voumo 2}, Pages 534.335, bred Records o! Guadalupo County, Taxes, being Ilwl aamo 163'/. acro Iraq of lend doscribed iu n Joxl Ran Adolph 1. Rcininger arW Iola C. Rrininga 10 AJ61ph 1. Rcininger and Iola C. Rdninger Living Trsast damd Oeleba 24, 1991, and rttadad in Volumo 972, Pages 549•}Sb, Uffcisl RacorJr of GuadWupo County, Tasu, avid Living Trull behsg revoked by inalmnknl in writing on July 1), 1997, by AJolpls 1. Rcininger IoW Iola C. Reininga and recorded in Volume 1062, Pege 347 of the Uffidal Records of Gsudalupo Cowrry, Tuns, add uecl of IenJ being panilimled by Drxd of Panirion data) Oetdsor 70, 1995 to Shari Lee Drw~eW Walors Rom ud by 7o AIm OrumReld old Michael AIIOO OnunflolJ a 10 acro Irad of InnJ hr fco aimpb recorJoJ in Volumo 117], Pegm 260- 267, e71radelupo County, Tcxm, acid tract of land being fudhar panilioned by Uood o[ partition cxocured as of March 17, 199710 Midieol Akan OnunGald irons uW by Jo Am Dmm0oW a 10 ocro rrncl of InnJ N foe singsle recorded in Guadalupe County, Taxes. ('TRACT' V) boLlg a 60,81 sue ueu of IoW out of Iho Carrot hi Uahugeq 1r. Survoy Number 23, Absuacl Nuudxr 142, eituWpl In Ooadnlupp Cginly, 'faxes, and Lelag a called 60.80D acro Purlitbn Tna wl of Ihox xnab adkd I W ~ eao nnJ 80 arro Imo dteeribeJ in the Adolph ]. Reinioga aiW loan C. Reioinger Living Trust detoJ Orxobn 14, 1991 end ntaded in Volumo 972, Page 519 of the Official PubOo Records of (huJalapc Caualy, Texae. Said 60.800 mace being the same properly canlpilad 6y Um following deadsto Ida Deanna SWIh, rxonled m follows; Voume 1064, Pogo 119 (ooo-fwM intcrtll); Voumo 1077, Pogo 6y (doe-ford) Inleael) Volumo 1500, Pagc 79l (ono-drhd iulnwl in « rsmin(rgl 30,04 acres); Volumo 1307, I`ago 805 (oorthird oaae9l b rommining 10,04 nrsra) and Volumo ISUI, Pogo 809 (ovv4hbd lolerial In rcmelning 70,1N oaa) WI in Iha Oflldel Publio Reeonla oCOuedelupe Coumy, Texas. SaW 60,83 sett olso being the Baum Lsnd as dcscribN as 110.800 aces In a rkaJ from In1e Pennon ~Mth fo \Villiam N. \Vac wid lama O. Slwtz, raonlod in Volume 1303, Pogo Ell oflho Olllchl 1'ublio Rttvdr of0undmupo County, Tales. Said 194.}6 ecru Iran being mono penicululy dosenbtd by rope mnJ homsJs u fdloxx; Page 14 SIGGlNN1NG eta ene half i«4 gcel pW !Quad ar Ih0 poim of 4dpaedion of tho southeast lino of Probw4o Rued (e prisatdy MaiMainM ng4ttirf•swy), And Ilw noghw[al lino of Ilwt aforrseiJ 163 y. acm lmrl, srilh the orolrr line ofa 60' wido Row1 Dasmnaa known as foie \Vey, fa Ih< north comer of a segM 33.80 acro trop a rkruibM in a JeOd Oan Iola C. Rde4ycr to Jo Ana HmmfielJ, rtxonkJ in Volume 1064, Pew 119 mJ Valunw 1077, Page 7l el' Iho Olfici7l Public RmpM 4f Ouadahrpo Camly, Tesas- Sa1J pofm also befog Ibe uon4 corner of a caOM I0.0(~ ape noel es dcacnbeJ in a darod Cram JO Mo DNmU01d anJ Mid~el Altm Uramfwld to Shelia I.ce Dnmrfiold lVn6v; meonlcd in Voluroe 1177, Pegg 260 of the ORiavil Public RccorJa of Oued~lnpc County, 'frxm. Sa1J point also being rho zeal ronwr of rho aforesaid [A.800 aura In a dent hwl Iola Ueanm Smith W Wllllem N. Wrtz rod James O. Starrz rxw,kd in Veiumn 1503, Page 813 ofrho Oltlalil PnbOc RcaroNa of GvadAlupc C«mry~, Twos, TIfIiNCP, xilh Ux su+U4as1 line of Fmboese Ita~d (A privately msinlamcd dghloFnay) noel Use sWNlxeaL Ilge of tho alorapld 167 Y. enc trset and rho nonhwcel line ofrha afommentionM g0 acrd tract, t.orW W ° 27' -09° PaeS A Jittance of I I IIOSG frM 14 a ono Iwlf htc4 steel pin [Quad Cqr Iho Near romp of a rolled 80 ana Irnei ao descnlsed In a dent Uwn Npmm~ Sabuetz end Uvoiyn Schuela W U. A. Sanders and Agop Saadus, lewrdsd in Volwaa 728, Page 254 of dlo Deed liewrds o(GuadMrpo Couny, 7'aam, and bciog the nosh cwnor of Iho Ileroln deauilrod 194.36 airy reel. 1'l1UNCR WIh tho cpnman Ilno of Wia Tract and nc~ afumaalJ 80 acm Sa,akla rtes! nc~ fgllowiog thr« calla, Squlh 24° JS' la" Casl, a diaWnce of 915.17 fmt to a me half 4rcL aul pip Pound fm en ttlerier coma of thu Iroct; Nonh 31° I7' (pY' Iwsl, a didance oI 1024.08 Ra w a ono half ixh eleel plq att fro tM sagesn nloq north eomu of this noel cad 3auth 24° 42' 37" Call, n Jiganca o[ 968A0 lost W a one lull inch scel pia fnuuJ fro Iho nmlh oowmr ofa mUM 60,8x0 x4c Ilan av dcaibod in tho follax4ng doeJa W Nancy Aun PloJer, Volunm 1064, Page 119; Volwne ID78, Popp 787 and Volume 1706, Pago 477 ell of the OU1cIa1 Publle R«oMs of 6uadampe County, 7'eaea and boiog the rase comer of Wb trop. TI IRNCR mllug aems4 the nfwreald 80 And 163 Y. acro Ifacla, ssirh Oq nonhssmt I Inc of Iho Nmwy Aon pindw 60,8 W acres end Iho anuthraq live of the Ida Dalgtla Sndr4 60,800 ape trna, South 66° SO' 26" Weal, a dyiance of 209208 Cod to a ana holf 4sah peel pin farad W We eenravlige of Iola Wey for tho west mn,« of Iho Nancy Am Pindw 60.800 acts; Ilia oorlli corner of A cagM 40,80(1 er4o 4ecl ns dugibod Iq a decd to lama 1V. Robaraoq le, recorrltnl In Vdumo 1067, Page 119; Volume 1077, Pega 63 ead Volume 1130, pogo 717 all befog in Iho ORiinl PubIW Rocolrla of (7uadahpe County, Taxes. Said point Also being Iho x+esl cwncr of 14a afwranid to Ann Droml'wld 33,80 acre trap anJ toe south wrap of dw Iola DeemsA Smldl 60.800 auo Iran, anJ bah\q m intalor comer of We heroin dacdbM 194.}6 aW IrnM 'fllpd4CE wish the southxe4l Roc of tiro nforcaeid (A,800 auo Pwdrr Trap, Swth 23° 21' 48" Cast, a digeoeo of 687,67 kn to 0 one Inlf Imh sleet pin xl fro the norW corner of ^ caIIM 10.17 ecru trop ps dwcn'bM In n Qukkcinlm IhM to Rrik !craw Rohenoe, r«ardgl io Volume 1799, Page 29 of 140 GBC18l Pnblk Records of (slladalupo County, Toxaa. TIiENCL with We wulhsvcs lure of We afornsaid 60.800 auo 1'udp Tract, Scuds 23° 21' 48" Pas, n JislAnw of 709.21 fM 10 a one Iw![inch ucel pin fM+nJ for the eaq cwop of a called 10.13 aerv Iraa w de4aaihd in a QulckcWm lleM ro P.tilr lwnce Roheraoq rocotJoJ In Yolume 1799, Page 29 0[ Iho ORicUI Public R«wda oC Guadalupe County, 1'exea, being in a fplpa Ilya the soulhesut lino of the gfwesald IG3 Y «ro trap; We nwihrxeq Ilan ofa 20 fop wido strip of land as deseribM Id death to Tho Ilaggnrd Cwnparry, roeordM in Voh~me W7, Page 251 aaJ Volume 647, Pego 253 ofdw ORiciel Pub4o IlaconJs of Uuedilupa (:panty, Texas also 4clag the Squdr caner of n ca11M 50,800 azro trop az daaibM is deals to Nancy Ann PWdar anJ Iluaband, '!!prase UJsvin 1'udp ra~ardM as K Imueal iq Volunse 1064, Pogo 115 and Y, Intereil in Volwue 1078, Pabro 787 0(Iho Uliiclal Pubic ROaprds of GuadalupA Couory, Tcws, saM polo! bclne t)p southeeu Illgd east COrncr o(Ihis 194.56 acts baq- TIIb:NCR xilh the wurhas lino of Ibo nfwcashl 167 '/. mrro hnn elm bang Wo aailbcaxl Ilna of Iho nfomsxid 60,800 acre Irazl rod the nalhsses lira af'fho Ilagpprd Cgnypgy 20 foot xiJo strip of IagJ the Wllmsing twro calls; 9oulh 60° I8' 11" Wet, n dhWncc of 92,79 foal W a me loll wch nttl pia found enJ South 60° 37' 07" 1Veat, a diarolsco M503.99 feat so a aw 6aU indl aleol pin an fro rbe toulh mmu of the herein JeuribM 194.36 acro Imcl cod being on roe ggr0ieaq Ilno of a I b3 acw (611 fax w4Ja Rmd A«raa Pgaemegr). "1'l1FdVCE with Uro fcnmd awdatas line of Iho eforcaakl 163 Y, aq0 Iran, SouW 60° il' 32" 1Vcq, n Jlswnoo of 6(100 ftq W e om In1f inch etch pin louaJ fro the cell coma of a uRnl 7.000 ewq Ilaet as deacnlxJ m e dead to RrOaoor laxollro Rahanoo, recaMM in Volurne 1894, Pega 873 of nc~ ORlciel Pub4a Ruwds of OuiJalupo County, TOUIa. PAge I S T14F,NCF. with lhp northwsl lino of the afuroenid 7.tl00 Hero vacs, Nsu1h 29' 27' d0"WCSt, a distance of 4g9,4S fppl to u one half hreh clxi pin rrr tar the oanh cnmer niche aforesaid 7.00 aero noel. 771ENGEw+W the rgNrxrst line oCllue aforeraid 7.OD0 arrn hag, Suaili 60° 36' 21"Wag, § dls4v~eq qF 623.29 lbet to § aue ItalFlnclr stoat pln Foudd fqr We Wtpt eemar nFda 7A00 pero Inal a+ul bring on Wa Apihtmsl lint oPn called ID.000 ape tract as rlaspribed In a deed to IIlpaugr la4emq Robpsgn (q§o-InIF inlwesQ, recorded in Volumo 1394, Page 873 of dro Official Yuhlio Ruprda af(Jtwdalnpe ConNy,'foxas. 7`ffi?NCG, earring nposs the afpesald 10.00npe Inss6 Smith 60° 36' 24" Wtgy n dlsleroa of46A.59 fbet to § one half inch stal pin sdfor dto svicelran mnsi south mmnr oCiha herein desrvibcd iraW nod bong oa the iquWWC4[ lino aftM §lbreg4id 167 % §Cra tract TIIENCIS xdlh Ilse soudrwrsl Bne of lhu tract, Ntvth 25° Oq' O6" Wea., a dielaoco oCg41.04 fall Io a ono half inch atepl pia found Far Wp west eamm of Ifie aforattW l0.DD0 apq vase; North 25° 05' 20^ Wa;a, a dlstalxp of 625A3 Rel to a one i§ilf Indt steel pln found; Nmlh 24° 59' 20" Writ, a dlstsnw of 207,90 feet to a om half mah slat pin Cooed for the cart comer of n calks 49.4 noes in a rlxd Gsnn Hagp 'Lupchor and wife, Gliaa Zuercher to Blsn Lacre7ier and huslrwd, Grgeue Prollr+oit, rtcoidcd in Vdpmo 338, Pago 6 of We Dud Retards of Gua~lupn Counq•, lhans, for nn impiw mmcr of dris tract SeW pph+t alau beirsg Ihp oortb compofn ca0ad 2p auas Interns dsaeribod in n dced from ItolarM W, F'rlwn p al to Ilan~ey R. k[rss, et al, recorded in Volumo 32J. Fege 46 of dto Uxd Records aCOuadalupp Counq~, 7'eaas, TADIIiCE w4lh We eou0rrasl Linn of the nfnrapaiJ d9.d acre trau, Seulh 64.Oi' 47" Wrat n dietanw of I7fiA,14 feq to o knee comer poet Found on the nanhcart righoaf--way lino of &kort Rood Cm Iho swlh raver pf Iht hcroln Jeacrilied 49.57 acre vucl. TIIRI4CE alaog the nonhenst right-vFway lice aC Rakart Road, Noah 25° 29' 19" Wwt, a diganco qC 1562.62 fort to n fenm conrcr post farad nl § curbn& al dra inWrgtGion oC rhq ugrll+assl rilllrl.af•+my limp of Bckin Road nod doe aouthcasl ling of (CquN.y Rgad No. 376D) Frdroeso RcesJ. TPIRTiCE sridt aMd cull+ack 1verW 31° 47' S6" P857, n diswtre flf 25.3D ftU r0 0. fenCL COTIIC[ pas[ fgnnd for a corns pf dw IKralu dtstrilxd 49.59 acra Iraaf. THENCE along Ilia swtheagt line of (('aunty Road Nn 376D) Frahgtso Rand, Npu tiM 19' SO" Pawl, n tllgtpnae of 1360.11 feH nt a ran half inch alml pin found al a 14nee comet poll In Ihp awthnel Woof Cauoly Road No. 376ll, Froboeaa Rrwd for 0se wasl comic of a calks 3.164 ee+o Hari as descnbcd in a decd from ]o Am BmmflaW b Sherip Lee Dnnufield Wntere nits hlichael Alton Bmmficdd, mardrd in Volumo 1344, Paga 1 of dto OLBcial Public Axorde of Gund§lup4 Calsuly, Ttods, and boing Iho north coma of Ilw 49.4 aorta lmat THENCE xvL Ila nnnheasl Bne of llas afareaald 49.4 acme vat and dw epuWwsal lino of rice ofurdeid 7.164 acre tract, South 2d° 42' 28" Bail, a distance of 203.79 Rrt to a acre half hkh deal pin found Car Ihp south Homer M Ihp pforasaW 3.164 Dora tract :vnA hah+g Iho wxLgl prrucr of o called 5.00 ecm haci as descrihed io a deed tiara Adolph ). Iteinirtger and Igln G Rcinlagar to to Anu Bmr~nld, rccnrdM In Yolutno IOSO, I'ago 4dH ofdac Olficia] Puhllo Rewxds oFOundnlupo Camry, Texas. TfiCNCE candnuing wWt rise ttordxnsl gno of the afanmahl 49.4 ncro frost and Iho southwest ling Mtha nfamsaid 5.00 sera Vapl, Squdr 24° S3' 11" Rest, a dlstpsne of 33025 fu1 to a ono Isslf h>ch steel pin fwuW for rho eaud+ Bomar of Iho nfarceaid d.W a;ro tr§U uad being dw xrsl cams of § dw ratted remniriutg 45.800 aorta of laud as despiiwd in a Drnd of Patdlimt from Shrrio Len llrumlipld Wnlers to to Ann BnpnfielJ and Michael Alton Bnunfitld, rccaWcd m Valame 1179, Page 160 ni the Oti3ai§I 1'uhde Rewrds pf fluadnhrpe Couoty, TCSns, lix m lotainr rwmtr of tlds noel. THRNC6 xiW Iho southeast lino of Ihp pPorrstdd 5.000 pcro Tract North 64° 28' 13" Raet, a distance of 6GD.12 fuel td a ono half inch steel pin found far Iho cart lime of Ilro Ofaasnid SA00 acre tract and being a+ 0re souliswast lino of a Dallas 10.000 ncro tract e9 dautilrecl in a decd to Sheria I.pe Rmmfield 1Valtrs, recardcd in Volume 1173, Page 26D of dso Offisinl Pnhlic Raardg of Cuadalupq Cganly, T~ras. TIIRNCE with Ilrc southwest lino of Ilse nfprc--said 10.000 ncro dAC6 South 24° 57' d2" Rest, a disipnup of 250.59 fart to a gap half inch etnU pin found fm the south Corner of rho aCorpsald 10.000 Apo tract PAge IG TllRNC6 wigs the southeast lino of rho said 10.000 acre 12d, North bl° 21' Al" Uaal, a dis4vrco of 112.G0 foal to a one half arch steel pin fowrd for Iho oaal caner of gro afamaiJ 10.000 acrd tact and being the soNh comer oC a cAIIM IP.OO0 pore tract as rl0acnlral in a dad to Mchod Allan Unurrhdd, rocortled in Volunn 1262, Pega 233 of Iho Official Public Rocarda of Guadahipo County, Toms. TIINNCR YAlir lha sougroasl line Of IhB afllfelSAld 411CI1921 Allrur HNrrlfleld IO.000 aao Iran, Nonh 6.1° 1 T 41" Call, a dalnnce of 314.17 fat to A orte haV inch sled pin found in rbA cemNline of a 60 toot +vide Road f>asemml known ss Iola WAY (PrivaW Road) fa the t>urxrs regal north tarnor of rlro Irtteln described 1183 acre Imcr And being the wl corny of the afaaAid Io.000 acre IueL SAid poiol also being on Iho sougr++rcst lino of o raged 60.800 acre tract ro ddcnLed yr o dxd to WiHianr N. Wriz And 7amoa O. SlArtz, reoordod in Volume 1107, Pago 817 of Iho OfilciAi Public Romrds of Guadalupe Caunty,'1'esaa. TI IIiNCE with IM cearngne of Iola Noy, North 21° 09' 47" War, A dirlnoce of 7g7.29 Ceer to rho pUw ul'RF.CINNINC. Uwriaga beard on decd recaMad io Vdume 1041, Page 1 of rho OfDdAI PuNic Rrmrda of Gusdalupe County, Taw. (All piw act with red mP eWnpod No. -0729) 1, tarty D. 1Villie, Ir., hcroby corrlry IIIAI rhnso HeW norca wore prepared hem an on ga grounJ surrey made under my direction Aid supeMalou oo August 9, 2001. ImY D. Wilkle, Jr. Regislersd 1'rofeadgml Laml Sungar No. 4724 Page 17 ~~ ;fib 1 1'~{lfiil~i I ~!~ e~~ --- ~li~il; ii "R ~ ~,. '~ g~~~ ~ a ,. ]j17~ IE€II~'1 f~~ ~~~~ oai~'"'`'i p {~ Iii ~ J~~ °~ ~,,F~ o ~tt il~ ~ / ~ 'o I P r -1~ ~~{ ~ AI ~~ ~ - i I'~ ~r~ ~.. I, ~[ o` O~ ~ 4A 4 ~~ ~ ~. •:. ,r 0 / -- A r,Yva ~" ~•''`"~ o iJ+l ~ S~ ~~~ yy ~~~~ u ~ 9 1 ~ f ~O ~ 11PY ,d'.N°n, ~ f Y ~ ~ f` ~ 9 ~ tja.~.: m Y -~ ~ 2 l y. ~ ,~~ ~ ~~ y. »: #~~P/ f ~ ~~~~~~~+~~~ h ~A ~ai° ~%~f ~ J!/ ll ex4 Y~ ;~ ~ ~ l ,I~ ,~. a. ~~~~ ~;i~ ,' 'I` yam- Jf_ jli i p ~~ \..-_ ~ f Pagc 18 EXHIBIT "C" FORM OF ASSIGNMENT OF WATER IMPACT FEES Transfer and Conveyance of Water Impact Fees Ltd., a Texas limited partnership ("Seller") agrees to transfer and convey the City of Schertz pre-paid water impact fees, supply and meter fees ("City Water Impact Fees") on the following described purchased lots contained in (subdivision name) to ("Purchaser"). In consideration of Seller transferring and conveying the water fees of the following described purchased lots to Purchaser, Purchaser agrees to reimburse Seller in the amounts stated below at the time of closing of each lot. The purchased lots are more particulazly described as follows: Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Lot No. Block No. Unit No. Water Impact Fees No. of Lots Fee Total Reimbursement x $2,934.00 Agreed to this date of , 201 Seller: Purchaser: Page 19 EXHIBIT °°D" FORM OF MEMORANDUM REGARDING WATER IMPACT FEES (CYPRESS POINT SUBDIVISION) This Memorandum Regarding Water Impact Fees is made and entered into effective as of 2012, between LA SALLE PARTNERS, LTD., a Texas limited partnership ("La Salle") and ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership ("Rolling Hills Ranch"), relating to the real property situated in Comal and Guadalupe Counties, Texas, described in Exhibit A attached hereto and incorporated herein ("Cypress Point Subdivision"). La Salle, Rolling Hills Ranch and the City of Schertz, Texas ("City") entered into the Reimbursement Agreement For The Construction of Water Main Transmission Improvements, dated effective as of 2012 ("Reimbursement Agreement") pertaining certain real property, including the Cypress Point Subdivision, whereby La Salle agreed to collect from each lot purchaser of a lot in the Cypress Point Subdivision at the closing of the sale of such lot the amount equal to the water impact fees charged by the City (the "City Water Impact Fees") with respect to such lot and prepaid by La Salle and/or Rolling Hills Ranch, and to remit such collected City Water Impact Fees to Rolling Hills Ranch after La Salle has recovered its specified share of such fees in accordance with the terms of the Reimbursement Agreement. La Salle and Rolling Hills Ranch desire to give actual notice to all persons concerning the existence of the Reimbursement Agreement and the obligation of La Salle to collect the City Water Impact Fees from each lot purchaser of a lot in the Cypress Point Subdivision and to remit same to Rolling Hills Ranch after recovery of its specified share of such fees in accordance with the terms of the Reimbursement Agreement. This Memorandum is merely a memorandum and notice to third persons of the existence of the Reimbursement Agreement and shall in no way amend, alter or impair any of the terms of the Reimbursement Agreement. EXHIBITS: Exhibit A -Cypress Point Subdivision [COUNTERPART SIGNATURE PAGES FOLLOW] Page 20 COUNTERPART SIGNATURE PAGE TO MEMORANDUM REGARDING WATER IMPACT FEES (CYPRESS POINT SUBDIVISIONI LA SALLE: LA SALLE PARTNERS, LTD., a Texas limited partnership By Its Sole General Partner: LA SALLE PARTNERS GP, LLC, a Texas limited liability corporation By: John H. Keck, Manager NOTICE ADDRESS: La Salle Partners GP, LLC. 303 Stratford Lane Laredo, Texas 78041 Attn: John H. Keck Telephone: (956) 286-3676 Email: iohnkecklra,~.mac.com STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on 2012, by John H. Keck, Manager of La Salle Partners GP, LLC, a Texas limited liability company, the sole general partner of La Salle Partners, Ltd., a Texas limited partnership, on behalf of said entities. Notary Public, State of Texas Page 21 COUNTERPART SIGNATURE PAGE TO MEMORANDUM REGARDING WATER IMPACT FEES (CYPRESS POINT SUBDIVISIONI ROLLING HILLS RANCH: ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership ey Its Sole General Partner: ROLLING HILLS RANCH MANAGEMENT, L.C., a Texas limited liability company By: W. Alston, Manager NOTICE ADDRESS: 106 Del Court Laredo, Texas 78041 Attn: William W. Alston Telephone: 956-791-0057 Facsimile: 956-791-0059 Email: wwalson70Cc~vahoo.com STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on 2012, by William W. Alston, Manger of Rolling Hills Ranch Management, L.C., a Texas limited liability company, the sole general partner of Rolling Hills Ranch Development, Ltd., a Texas limited partnership, on behalf of said entities. Notary Public, State of Texas Pxge 22 EXHIBIT A CYPRESS POINT SUBDIVISION Page 23 EXHIBIT "E" FORM OF MEMORANDUM REGARDING WATER IMPACT FEES (PARKLANDS SUBDIVISION) This Memorandum Regarding Water Impact Fees is made and entered into effective as of 2012, between LA SALLE PARTNERS, LTD., a Texas limited partnership ("La Salle") and ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership ("Rolling Hills Ranch"), relating to the real property situated in Comal and Guadalupe Counties, Texas, described in Exhibit A attached hereto and incorporated herein ("Parklands Subdivision"). La Salle, Rolling Hills Ranch and the City of Shertz, Texas ("City") entered into the Reimbursement Agreement For The Construction of Water Main Transmission Improvements, dated effective as of 2012 ("Reimbursement Agreement") pertaining to certain real property, including the Parklands Subdivision, whereby Rolling Hills Ranch agreed to collect from each lot purchaser of a lot in the Parklands Subdivision at the closing of the sale of such lot the amount equal to the water impact fees charged by the City (the "City Water Impact Fees") with respect to such lot and prepaid by La Salle and/or Rolling Hills Ranch, and to remit such collected City Water Impact Fees to La Salle until La Salle has recovered its specified share of such fees in accordance with the terms of the Reimbursement Agreement. La Salle and Rolling Hills Ranch desire to give actual notice to all persons concerning the existence of the Reimbursement Agreement and the obligation of Rolling Hills Ranch to collect the City Water Impact Fees from each lot purchaser of a lot in the Parklands Subdivision and to remit same to La Salle until La Salle has recovered its specified share of such fees in accordance with the terms of the Reimbursement Agreement. This Memorandum is merely a memorandum and notice to third persons of the existence of the Reimbursement Agreement and shall in no way amend, alter or impair any of the terms of the Reimbursement Agreement. EXHIBITS: Exhibit A -Parklands Subdivision [COUNTERPART SIGNATURE PAGES FOLLOW] Page 24 COUNTERPART SIGNATURE PAGE TO MEMORANDUM REGARDING WATER IMPACT FEES (PARKLANDS SUBDIVISION) LA SALLE: LA SALLE PARTNERS, LTD., a Texas limited partnership By Its Sole General Partner: LA SALLE PARTNERS GP, LLC, a Texas limited liability corporation By: John H. Keck, Manager NOTICE ADDRESS: La Salle Partners GP, LLC. 303 Stratford Lane Laredo, Texas 78041 Altn: John H. Keck Telephone: (956) 286-3676 Email: iohnkecklCc~mac.com STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on 2012, by John H. Keck, Manager of La Salle Partners GP, LLC, a Texas limited liability company, the sole general partner of La Salle Partners, Ltd., a Texas limited partnership, on behalf of said entities. Notary Public, State of Texas Page 25 COUNTERPART SIGNATURE PAGE TO MEMORANDUM REGARDING WATER IMPACT FEES (PARKLANDS SUBDIVISIONI ROLLING HILLS RANCH: ROLLING HILLS RANCH DEVELOPMENT, LTD., a Texas limited partnership By Its Sole General Partner: ROLLING HILLS RANCH MANAGEMENT, L.C., a Texas limited liability company By: William W. Alston, Manager NOTICE ADDRESS: 106 Del Court Laredo, Texas 78041 Attn: William W. Alston Telephone: 956-791-0057 Facsimile: 956-791-0059 Email: wwalson70Ca~vahoo.com STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on 2012, by William W. Alston, Manger of Rolling Hills Ranch Management, L.C., a Texas limited liability company, the sole general partner of Rolling Hills Ranch Development, Ltd., a Texas limited partnership, on behalf of said entities. Public, State of Texas Page 26 EXHIBIT A PARKLANDS SUBDIVISION Page 27