18-R-114 - Authorizing an agreeent with the developer of the Homestead Subdivision project=0 911111"1" M`"'
- M-- "S - 116111k =I" 1,11111 i W ma: I
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al, ,,
WHEREAS, there is a lack of sewer service to serve an area of northern Schertz near the
intersection of IH -35 and Schwab road.
WHEREAS, the sewer forcemain improvements are needed to provide adequate sewer
service to these areas and there is limited space to provide this public infrastructure.
WHEREAS, the Developer of the Homestead Subdivision agrees to construct sewer
infrastructure of which the capacity is more than is required by the Homestead property,
WHEREAS, there is a benefit to oversizing sewer infrastructure to serve other properties,
WHEREAS, the City Council finds that it is in the best interest of the City to enter into
the Agreement with Developer for Construction of Public Improvement in order to provide the
infrastructure to serve other properties outside the boundary of the proposed Homestead
Subdivision plat.
WHEREAS the Unified Development Code of the City of Schertz provides for
developers to enter into agreements to defer the construction of required improvements until
after the plat is filed.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
1—fal-Ew
Section 1. The City Council hereby authorizes the City Manager to execute the
agreement with Developer for Construction of Public Improvement with ILF N -T Owner, LP for
infrastructure that will serve properties outside of the Homestead Subdivision and to defer
construction of public improvements, generally in the . form attached, subject to changes
approved by the City Manager and City Attorney.
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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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 construed 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
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 23rd day of October, 2018.
ATTEST:
r M a
City'Secretary, Brenda Dennis
CITY OF S RTZ, TEXAS
ayo , ichael R. Carpenter
-2-
After Recording, Please Return To:
Denton Navarro Rocha Bernal & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: T. Daniel Santee
STATE OF TEXAS
KNOW ALL PERSONS BY THESE
PRESENTS:
COUNTY OF COMAL
IMPROVEMENT AGREEMENT
HOMESTEAD SUBDIVISION — PUBLIC IMPROVEMENTS
This IMPROVEMENT AGREEMENT (the "Agreement ") is by and between ILF
N -T Owner, LP, a Delaware limited partnership (the "Owner "), and the CITY OF
SCHERTZ, a Texas municipal corporation (the "Oty"), and is effective upon the execution
of this Agreement by the Owner and the City (the "Effective Date ").
WHEREAS, the Owner is the owner of that certain real property located in the City
of Schertz, Comal County, Texas, and Guadalupe County, Texas, more specifically
described on Exhibit "A ", attached hereto and made a part hereof for all purposes (the
"Propert y" or "Subdivision ");
WHEREAS, the Owner seeks to continue to develop the Property and such
development requires the construction of certain public improvements: and
WHEREAS, the City desires that the public improvements be constructed at a
future time to be determined, but prior to final plat recordation; and,
WHEREAS, development of the property as proposed will generate more than 580
living unit equivalents (LUEs) of wastewater flow, as determined by the City, and is
proposed to be served by the existing sewer lift station in the Subdivision; and
WHEREAS, pursuant to Section 21.4.15(C.)(2.) and (F.)(1) of the City's Unified
Development Code, the obligation to construct the public improvements that serve the
Subdivision may be deferred if an Improvement Agreement is executed and sufficient
surety is provided to secure the obligation to construct the public improvements; and
WHEREAS, the Owner seeks to defer the completion of construction of the public
improvements to a future date, not to exceed two years, after the execution of this
Agreement pursuant to the terms of this Agreement and Section 21.4.15 of the City's
Unified Development Code:
NOW THEREFORE, in consideration of the agreements set forth herein and for
other reciprocal good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged and stipulated by the Parties, the Owner and the City agree as
follows:
1. Ownership of the Property_. The Owner hereby represents and warrants that,
as of the Effective Date, it has not conveyed, assigned, or transferred all or any portion of
its interest in the Property to any other person or entity (any such person or entity referred
to herein as "Purchaser "), nor is it a party to any contract or other understanding to do so
that is not subject to this Agreement.
2. Construction of Improvements; Covenants. The Owner and the City
covenant and agree to the following:
a) The Owner is obligated by Section 21.12.10 of the City's Unified
Development Code to construct, or cause to be constructed, sewer
improvements more particularly shown on the "Construction Plans"
approved December 8, 2017, and any City- approved revisions, for the 12-
inch forcemain extension for the Homestead Subdivision (such
improvements shall be referred to herein as the "Improvements ").
b) The Improvements shall be built and completed in accordance with City
design standards within two years after the execution of this Agreement.
c) The cost of the Improvements for Homestead Subdivsion 12 -Inch
Forcemain Extension is estimated to be six hundred thousand and
00 /100 Dollars ($600,000.00) (the "Cost Estimate "), as more particularly
shown on Exhibit "B" attached hereto and made a part hereof for all
purposes. The Owner and the City agree that the amount of the Cost
Estimate set forth herein is a commercially reasonable estimate of the cost
of the Improvements.
d) In lieu of the Owner's obligation to construct, or cause to be constructed,
the Improvements, at or before final plat recordation, Owner shall provide
to the City, concurrent with the execution of this Agreement, surety in the
form attached hereto as Exhibit "C" (the "Sure ") in an amount equal to
125% of the Cost Estimate amount (seven hundred fifty thousand and
00 /100 Dollars ($750,000.001), (the "Improvement Funds ").
e) Owner agrees that, prior to recordation of a final plat that would cause the
total wastewater LUEs to exceed 580 for the area in the Homestead
Subdivision, or within two years of the execution of this Agreement,
whichever comes first, to complete the construction of the Improvements in
accordance with the Construction Plans and in full compliance with City of
Schertz Unified Development Code Section 21.4.15, which is incorporated
by reference herein as though fully set forth in this Section of this
Agreement. For the purpose of clarification, and in no way limiting
Owner's obligations under Section 21.4.15, the Parties agree that full
completion of construction of the Improvements shall not occur until the
City accepts the Improvements in the manner prescribed in Section 21.4.15
of the City's Unified Development Code.
f) In the event Owner fails to fully complete construction of the Improvements
within two years of the execution of this Agreement in the manner
prescribed herein, City may declare this Agreement to be in default and at
the City's sole discretion:
(i) require that all Improvements be installed by Owner regardless
of the extent of completion of the improvements on the Property
at the time the Agreement is declared to be in default;
(ii) unilaterally draw from the Improvement Funds sufficient amount to
complete the Improvements itself or through a third party; or
(iii) assign the Improvement Funds to any third party, including a
subsequent Purchaser of the Property, provided that such
Improvements Funds shall only be assigned for the purpose of
causing the construction of the Improvements by such third party
and for no other purpose and in exchange for the subsequent owner's
agreement and posting of security to complete the Improvements.
g) Within 60 days of the City's acceptance of the Improvements constructed
by Owner, the City agrees to pay the Owner an amount equal to 21% of the
cost of constructing the Improvements (the "City's Participation Cost ") or
an amount that shall not in any event exceed one hundred twenty -five
thousand six hundred fifty -five and 30/100 Dollars ($125,655.30), as
more particularly shown on Exhibit "B" attached hereto and made a part
hereof for all purposes.
h) Within 60 days of the City's acceptance of the Improvements, the City shall
release the Surety to Owner and the Parties shall have no further obligation
to each other under this Agreement.
3. Approval of Agreement. The City has approved the execution and delivery
of this Agreement pursuant to Section 21.4.15(C.)(2.) of the City's Unified Development
Code, and the Owner represents and warrants that it has taken all necessary action to
authorize its execution and delivery of this Agreement.
4. Governmental Immunity. The City does not waive or relinquish any
immunity or defense on behalf of itself, its officers, employees, Councilmembers, and
agents as a result of the execution of this Agreement and the performance of the covenants
and actions contained herein.
5. Binding. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective heirs, executors, representatives,
successors, and assigns, and the terms hereof shall run with the Property.
6. Counterparts. This Agreement may be executed in any number of
counterparts with the same effect as if all signatory parties had signed the same document.
All counterparts shall be construed together and shall constitute one and the same
Agreement.
7. Inte rag tion. This Agreement is the complete agreement between the parties
as to the subject matter hereof and cannot be varied except by the written agreement of the
Owner and the City. The Owner and the City each agrees that there are no oral agreements,
understandings, representations or warranties which are not expressly set forth herein.
8. Notices. Any notice or communication required or permitted hereunder
shall be deemed to be delivered three (3) days after such notice is deposited in the United
States mail, postage fully prepaid, registered or certified mail return receipt requested, and
addressed to the intended recipient at the address shown herein. Any address for notice
may be changed by written notice delivered as provided herein. All notices hereunder shall
be in writing and served as follows:
If to the Owner:
ILF N -T Owner, LP, a Delaware limited partnership
500 Boylston Street, Suite 2010
Boston, MA 02116
Attention: Mr. Jesse Baker, Authorized Signatory
If to the City:
CITY OF SCHERTZ
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
With copy to:
Denton Navarro Rocha Bernal & Zech, P.C.
2517 N. Main Avenue
San Antonio, Texas 78212
Attention: T. Daniel Santee
9. Legal Construction. If any provision in this Agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain
among the parties, such unenforceability will not affect any other provision hereof, and this
Agreement will be construed as if the unenforceable provision had never been a part of this
Agreement. Whenever the context requires, the singular will include the plural and neuter
include the masculine or feminine gender, and vice versa. Article and section headings in
this Agreement are for reference only and are not intended to restrict or define the text of
any section. This Agreement will not be construed more or less favorably between the
parties by reason of authorship or origin of language.
10. Recitals; Exhibits. Any recitals in this Agreement are represented by the
parties hereto to be accurate, constitute a part of the parties' substantive agreement, and are
fully incorporated herein as matters of contract and not mere recitals. Further, any exhibits
to this Agreement are incorporated herein as matters of contract and not mere exhibits.
11. No Joint Venture. It is acknowledged and agreed by the parties that the
terms hereof are not intended to, and shall not be deemed to, create a partnership or joint
venture among the parties.
12. Choice of Law. This Agreement will be construed under the laws of the
State of Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in
the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising
out of or construing the terms and provisions of this Agreement. No provision of this
Agreement shall constitute consent by suit by any party.
[ Signatures and acknowledgments on the following pages]
Signature Page to
Improvement Agreement
This Improvement Agreement has been executed by the parties as of the dates of
the Acknowledgments to be effective as of the Effective Date.
Owner:
By:
Name:
Title:
Date:
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of , 2018 by
, the of ILF N -T Owner, LP on behalf of
said limited partnership.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
This Improvement Agreement has been executed by the parties as of the dates of
the Acknowledgments to be effective as of the Effective Date.
City:
CITY OF SCHERTZ,
a Texas municipal corporation
Name: Brian C. James, its Acting City
Manager
Date:
THE STATE OF TEXAS §
COUNTY OF GUADALUPE §
This instrument was acknowledged before me on the day of , 2018 by
Brian C. James, Acting City Manager of the City of Schertz, Texas, a Texas municipal
corporation, on behalf of said City.
(SEAL)
Notary Public in and for
The State of Texas
My Commission Expires:
4 '
The Property
Legal Metes and Bounds
and
Master Plan
[See attached]
The Cost Estimate
and
The City's Participation Cost
ON ti.o Y lid"
The Surety
[See attached]
IMPROVEMENT AGREEMENT
HOMESTEAD SUBDIVISION - PUBLIC IMPROVEMENTS
EXHIBIT "A"
HELD NOTES
FQR
A 312.03 ACRE TRACT
A 312.03 acre tract out of the P. Zeppda Survey NO, 257, Abstract 685i J.F, ZepQda Sury6y.
No-, 257, .Abstract -471, W. Gahaga-Ii.Survey -No. 258,Abstract'1823 C.M. Gahagan $urveyNo..
258, Abstract 142, R San Miguel Survey No, 256, Abstract 227)_ State Abstract Tate2 and
being .out of .a 522.18- aQre tract to-riveyed to ILF N-T Owhet, LP of record in Documeni
Number 201406044206 of the Official Public Records of'Comal County, Texas. Rdd 31103
aer'e tract having 833 acres, situated in Comal County, Texas and 303'.70 -acres, situated in
Guadalupe County, Texas and b.q1zg morepa:rticuiafly described byiuetes and bounds as follows;
Comfii&n cuig at a set z" iron rod with a blue plastic cap stamped "KFW Surveying ",, in the
southeast right -of wayline bf Interstate Highway 35, a variable width tight -of 5,vay, iii the nott4baft
line of Lot-27, Block 17; a variable width Sanitary sewer Easement of The Fairways at Scenic - Hills,
Unit 3B, a subdivision plat of record in Volume 7, Page 203 of the Map and Plat Records of. Cqtial
County, Texas, for the northwest corner of -,a 6.8.274 acre tract conVbyed to KFP Realty, LP of
record in Document gumber 2'014-06044146 of.t the Official Vublic Records of Corral
County, Texas, from which a found Texas Department of Transportation Monument Type 2 bears,
X a distance of 4,79 feet,
TRENM Along and with the southeast 'right -of way line of Interstate Highway 35, the northwest
lines of-the 68,274 acre tract, the fbIlowing.Calls and distances:
1, N -52' 20'03' E, a distance of 41.17 fLet to a set Jh"Iron. rod with a blue plastic cap. stamped
"iKFW Su.r 99
yey�n ' at an angle point of the tract described herein,
2. N 590 40' 24�' E, a distance. of .34,71 feet to a found T&as: Department of Transportation
Monument Type I at an angle point of the-tract described herein,
3. N 130 21' 30" E, .a. distance of 1640 feet to'a fbiirW Tqxgs DelYartment of TrianqQrt4lion
Monument Type 2 at-an angle point of the tract described herein,
4. N 51' 32' 23" E, a distance of 274.08 Feet td. a fqujid TeX is Department of -Trangportatioji
Monument 'Type 2 at an angle point of the tract described herein,
5, N 54" 36' 39•' Ej A distance of 494.7 feet to a fotuid Texas D0jpA-r0hbht of Transportation
M6ftunic-iit7yTe2atdfi angle odiiiiofthb tract described herein,
6, N 540 I,, a distance of 50.10 feet to a found Toxas Depirtinent of Ti.?nspqrtatlon
Mbhuiftent Type 2Atah angle p Dint -df the tract descr
crib Pd W&ein,
7: N 54' W 30" E, a distance of 352.47 feet a found Texas Oepartmevt of Transportation
described Monument Type 2at angle pout of the tract 6. . ciibe-d hereini and
8. N 599 21' 41" E, a distance of 171.71 feet to a set I %z" iron rod with a blue plastic cap
stamped "KFW Surveying", for the POINT OF BEGINNING and the northwest corner of the
tract described herein;
THENCE: N 59 021'41" E continuing along and with the southeast righ %of <way line of Interstate
Highway 35, the nd thwest lines of the 522.18 Acre tract, -1 distance of 947.10 feet to a set 1/a "iron
rod with a blue plastic cap stamped "ETW Surveying ' for the northwest corner of a 9.6090 acre
tract conveyed to MFP Realty, LP of record in Document Number 201406044146 of the
Official Public Records of Coma! County, Texas and the northeast corner of the 522.18 are tract
and the tract described herein from which a found Texas Department of franspoftation Mbntuneilt
Type 2 bears N 59° 21'41" E, a distance of 1012.13 feet;
iE1VCE< Departing fIie southeast right -of way line of Interstate Highway 35 and. along and �vitli
the northwest and west lines of the 9.6090 acre tract and a 43.524 acre tract conveyed to MFP
Realty, LP of record W Document Number ZQ1406044146 of the Offici -al.Pubbc Records of
Comal County, Texas and the southeast and east lines of the 522.18 acre tract, the following
eleven (11] courses:
1. S 3.01 38'19"E, a distance of 20.00 feet to a set'/2, iron rod with a blue plastic cap stamped
"K W Surveying" in a curve to the left, for a.corner of the titct described herein,
2, with a non - tangent curve to the left, having an arc of 33.09. feet, a radius of 40=00 feet a
delta of 47 °24'13" and a chord bears S 3S °39'34 "W, a distance bf 32.16 feet t0.6. set x/z"
iron-rod with a blue plastic cap stamped "XFW Surveying ", for a point of Tangency,
3. S 110 57' 28" W, a distance of 62.8i feet to a set -Y2" iron rod with a blue plastic cap
stamped "I{FW Surveying ", for a point of reverse curve,
4. with_ a curve to the left, having an arc of 376.27 feet, a radius of 380.00 feet:,. a delta of
56 °44'01" and a thoirl bears S 16 °24'33 "E; a distance of 361,09 feet to a set :'/2" iron rod
with a blue.plastic cap stamped "KFW Surveying", fora point of tangency,
5; with a curve to the right; having an -arc of 62152 feet, a radius of 1450.0-0 feet, a delta of
24 °33'32" and a chord bears S 32 °29'47 "E, a distance cif 675.77 feel to a set Yl " -tb'n rod
with a blue plastic cap stamped "KFW Surveying, fora point: of reverse curve,
6, with a curve to the left; having an arc of $,04 feet, a radius of 5.00 feet, a delta of 66 054'23"
and a chord bears 5 53940'13"E, a of
of 5.51 feet to a set M2" Iron rod with a blue
plastic--cap stamped "KI+'W Surveying ", for:a point of reverse curve,
7, with a curve.t:o the right, having an arc of 394,65 f6et a radius of 155.00 feet, a,delta of
1 d. 45 "52'54" and chord bears S 14110'5VT, a distance of196.36 feetto-.a -set i /2" iron rod
with ahIue plasticcap stamped "KFWSurvaying ", fora point of reverse curve,
B. with a curve to the left, having an arc of 5.$4 Feet, a radius of 5.00 feet, a delta of 66'54'23"
and a chord bears S 25`19'O "W, a instance of 5.51 feet to a set Yz" iron rod with a blue
plastic cap.stainped "KFW Surveying ", foir a point ofz'evers.e curve,
9. wifh a curve to the right, having an arc of 34,87 feet, a radius of 1450.00 feet, a delta of
01922'40" ap.d a chord bears S 07 °27'33 ")E, a distance of 34,87 feet to a set 1 /z" iron rod
with a blue plastic cap staniped "KFW Surveying ", for a point of tangency,
10. S 060 46' 1:3" E, a distance of 591,96 feet to a set ° iron 'rod with a blue plastic cap
stamped "KFW Surveying" on the astensible location of the county line of Comal County, for
the southwest corner of.the'4'3,524 acre tractand an interior corner of the 522.18 acre tract
and the tract described herein, and
11. N 66° 26' 37" iE, along and With the on the ostensible location of the county line of Comal
County a distance of15M73 feet to a set �/P iron rod with a blue plastic cap stamped "KFW
Surveying" in tlae West line of a 40.00 acre tract known as Tract 2, conveyed to RBV2
Limited Partnership of record in Volume 1654 Page 902 of the Official Public Records of
Guadalupe County, Texas, for the northeast corner of the 522.18 acre tract and the tract
describedherehi)
THENCE: contii?uing along and with the west lines of the 40.00 acre tract, known as Tract 2 and the
west and south lines of a 40,00 acre tract, known as Tract 2, conveyed to RM Limited Partnership
of record in Volurue 1.654 Page 902 of the .Official Public Records of Guadalupe, County, Texas and
the east -and north lines of the 522:18 acre tract, the followingfour (4) courses:
1, 5 130 i0' 12" E, a distance of 157,52 feet to a set 1/z" iron rod with a blue plastic cap
stamped "KFW Surveying", for and angle point of the tract described herein,
2. S 09° 32 -' 31" 11, a distance of 129,96. feet to a set 2 /z" iron rod VAth a blue plastic cap
starVed "KFW Surveying " - for the southwest corner of the 4.0,00 acre tract, known as Tract
2, the northwest corner of a 40.00 acre. tract, knowb as Tract 1, for an angle paint of the
522,18 acre tract and the tract described herein,
3. S 08" 07' 03" E, a distance of 833.40 feet to a set V? iron rod With a blue plastic cap
stamped "KFW Surveying" for the southwest corner of the 40.00 acre tract, known as Tract
1, an interior corner of the 522,18 acre tract and i:he tract described herein, and
4. N 71" $2' 57" .E, a distance of 1666.'73 feet to a set /z' iron rod with a blue plastic cap
stamped'KM Surveying", for the northwest corner of a 15.66 acre tract, known as Tract 3.
conveyed to RBV2 Lirniled.Partriership, of record in Volume 1654 Page 902 of the Official
Public Records of Guadalupe County, Texas, for an easterly corner of the 522.18 acre tract
and the tract described herein;
THE 9—. S 08° 4.8'52!'E, along -and with the west line of the 15.66 acre tracrand 0 east line of the
522,18 acre tract, a distance of 1379 21 feet to a set 1/2" iron rod With a blue plastic cap stamped
"KFW Surveying" -in a norfhwestline of a tract conveyed to Melvin W. and RubyV, Schwab, of record
in VolunAe 1413 page 497 of the Official Public Records of Guadalupe Gdunty, Texas, for the
southw6s*t'coxter of the 15,66 acre tract, an easterly southeast corner of the 522.18 acre tract and
the tract described herein,
TIMCE: Along and with a noifihlwgt and west-lines of the Schwab'tract and a southeast and east
lines -of the 52.2.18 acre tract the ,following four (4) calls and distances;
1. 5 61° 59' 15" W, a distance of 448;47 feet to a set 3 /z" iron rod. with. a blue plastic cap
stamped "KFW Surveying", for an interior corner of the Schwab tract and an. exterior corner
of the 522:18 acre tract and the tract described herein,
2. N 21° 27' 28" W, a distance of 223.23 feet to .a set 117" iron rod with a blue plastic cap
stamped "XFW Surveying ", for the northerly northeast corner. of the. Schwab tract, an
interior corner of the $22.18 acre tractand the tract described herein,
3. .S 59° 28' 32" W, a distance of 100$.68 feet to a set 1/z" iron rod With a blue plastic cap
stamped "KFW Surveying", for the northwest corner of the Schwab tract, an interior corner
of the 522,18 acre tract and the tract described herein, and.
4. S ail° 31' 02" E, a distance of 607.90 feet to a set 1 /z" iron rod with a blue plastic cap
stamped "KFW Surveying ', for the northeast corner of a 0.7 of an acre tract conveyed to
lvlelvin W. and Ruby F. Schwab of record in Volume 1412 Page 497 of the Official Public
Records of Guadalupe County, 'Texas, an easterly corner. of the 522.18 acre tract and the
tract described herein;
THENCE: S 580 31' 00" W, along and with the northwest line of the 0.7 of an acre tract and a
southeast line of the 522.18 acre tract, a distance of 86.82 _feet to a found 6.0d Nail in concrete, for
the northwest corner of the 0.7 of an acre tract, an interior, corner of the 522:18 arse tract and the
'tract described herein;
THENCE: S 309 35' 23" E, along and with the southwest line of the 07 of an acre tract and a
n..ortheast line of the 522.18 acre tract, a distance of 351,70 feet to a found 50d Nail in concrete, for
the southwest corner of the 0,7 of an acre tract, an interior corner of the 522.18 acre tract and the
tract described herein;
TktkE: N 59° 18' 13" E, along and with the southeast line of the 0,7 'of an acre-tract, a southeast
line of the Schwab tract and a northwest line bf the 5.22,18 acre tract, a distance of 100.7.77 feet to a
set 1 /z" iron rod with a blue plastic cap stamped "KFW Surveying ", for an interior corner of the
Schwab tract, an exterior oorner-of the 522.18 acre tract and the tract described herein;
THENCE: 5 85° 27' 02" E, along and with a southwest line of the Schwab Tract and a northeast Iine
of the 522.18 acretract, a distance of 40.00 feet to a _sety.? iron rod with ablue plastic cap stamped
"1ZFW Surveying ", tot. interior corner of the fichwab tract, an angle pofrit of the M.18 acre tract
and the tract described herein;
THENCE: 8, 29° 49' 0.0" E, along ar<d with "a southwest line of the Schvaab tract, a southWest right -of-
way line gfGreenValley Road, -CCounty Road 376), a varia7�le width right -of mY a northeast line. of
the 522:18 .acre tract; at a distance of 199.06 feet, passing the southwest line of the Schwab tract,
the north vestright- of,wayline of.Green Valley.Road, continuing a total distance of 224.95' feet to a
point, fo"f the southeast corner of the tract-described herein;
THENM 8 500 04'-57" % along and with the ostensible location: of the City Limits Line of the City
of s6efrtz .4nd Clty o� Cibolo ETj line, into and across_ the 522.18 acre tract, a distance of 4'083.W
feet to a fouiid:j /2" iron rod, for the southeast corner.of.the'1$751 acre tract, the northeast corner of
the 20.00 acre tract, the southwest corner of the 522.18'acre tract and the tract described herein;
1[COiIIt11R1112RAU�l1( t0,5ftylYlDV[0! \ :A'13tl P21.U9s9111iF" I �IQ�1'�1i11{! �GIt1Li1(�t1'CIUSIU�I � ftimUIQ11��UU
THENCE; N 900 20' 29" W; along and with the northeast line of the 18.751 acre tract and the
southwest line of the 522.18 acre tract, a distance of 320,81 feet.to a found s%2" iron rod with a
plastic cap stamped "CEC ", an easterly corner of the 18.751 acre tract, an interior corner of the
522,18 acre tract and the tract described herein;
THENCE; S 80'16'13" W,4ong and with a north line of the 18.751 acre tract, a distance of 12,95
feet to a found 1 /2" iron rod with a plastic cap stamped "CE C", For an interior corner of the 18,751
acre tract and awesterly corner ofthe tractdescribed herein;
THENCE; N 30° 56' 16'' W, along and with the northeast line of the 18.75-1 acre tract and a
northeast-line of The Links at Scenic Hills; Unit 3, a subdivision plat of record in Volume 7 Page 646
of the Map and Plat Records of Guadalupe County, Texas, at a distance of 216.25 feet, passing a
found l/z" iron rod with a plastic cap. stamped "Jacobs Prop" for the northeast corner of the 18.751
acre tract and the southeast corner of The Links at Scenic Hills, Unit 3, continuing a for total
distance of 501;70 feet to a set j/a" iron rod with a Blue, plastic cap stamped "KF-W Surveying" for a
corner of the 522,18 acre tract, an interior earner of The Links at Scenic Hills, Unit 3 and a westerly
corner of the tract described herein;
TAENCE, N 12° 20'23" W, along and with the northeast lines of The Junks at Scenic Hills, Unit 3,
the remainingportion. of a 168,088 acre tract conveyed to InvestmeptScenic Tlflls, LTD, of record in
Volume 1634 Page 179 of the Official Public Records of Guadalupe County,- Texas, The Links at
Scenic Hills, Unit 1, a subdivision plat of record in Volume 7 Page 389 of the Map and flat Records
of Guadalupe County, Texas, the Re, of> =airhaven, Unit 2, a subdivision plat of record in Volume
7 Page 447 of the Map and Plat Records of Guadalupe County, Texas and Fairhaven, .Unit 2, a
subdivision plat of record in Volume 7 Page 224 of record in the Map and Plat Records of Guadalupe
County, Texas; a distance of 1,335.20 feet to a set j/z" iron rod with a blue plastic cap starriped "KFW
Surveying" in the northeast line of Lot 52, Bloch 25 of The Links At Scerilb Hills, Unit -1 of record in
Volume 7 Page '389 of the Map and Plat Records of Guadalupe County, Texas and for the southwest
corner of a 23,76 acre tract conveyed to the Board of Trustees of The Schertz- Gibolo- Universal gity
Independent School District of record in Volume 4176 Page 283 of the Official Public records of
Guaddhipe County, 'Texas, ,for a westerly corner of the 52218 acre. tract and the tract described
herein, from which a found ?/z" iron rod-with a plastic cap stamped "C -B SA PROP`; for the northeast
corner of Lot 5-7, Block 26 of the Replat, of Fairhaven, Unit 2, the southeast corner of Lot 36, of the
Fairhaven, Unit 2 bears 120 20'28" W, a distance of 197.69 feet;
THENCE; Along and With the 23.76 acre tract, into abd across the 522.18 acre tract, the f0UPWing
nine C9) calls and distances:
1 N '79 911'57" E, a distance of 596.17 feet to a set s /z" iron rod with a blue plastic cap
stamped "KFW Surveying" for an angle pgMt of the tract described herein,
2, N 50 °03'22" E; a distanoe of 820.77 feet to a set YT" iron rod with a blue plastic cap
stamped 10W Surveying" for a southeast corner of the tract described herein,
3: N 33040'59'." W, a distance of 722.00 Feet to a set YYa iron rod with a. blue plastic cap
ptamped "KFW Surveying" for a northeasterly corhor of the tract described herein;
4. S 56 91811" W, a distance of 241,2Q feet to a set 1 /z" iron .rod with a blue plastic cap
stamped`KFW Surveying" for an angle pomt ofthatract described herein,
5. S 63 1145'09" W, a distance of 56.7.84 feet to a set 1/z" iron rod with a blue plastic cap
stamped " -KFW Surveying ".for an angle point of the tract described herein,
6. S 77 639'37` W, a distance of 234,68 feet to a set I/g, iror rod with a blue plastic cap
stamped "KFW Surveying" fox an interior corner of the tract described herein,
7. N 12 02013" W, a distance of 361,41 feet to a set 1/i" 'iron rod with a blue plastic cap
stamped "IOW Surveying" for an angle point of the tract described herein,
8, N 29 038-'53-" W, a distance of 305.52 feet to a set Yz" iron rod with a blue plastic cap
stamped "KFW Surveying "-.for a northeasterly corner of the tract described herein, and
9< S 6.0 °21'07" W, a distance of SON feet to a set ?/" iron rod with a blue plastic cap stamped
"KFW Surveying" for the southeast corner of Lot 17 of Fairhaven, Unit 2, at the termination
of the northeast right -of -way Iine of BlackBi tte, a SQ' right of -way, of record in Volume 6
Page 763 of the Map and Plat Records of Guadalupe County and -a southwesterly corner of
the tract described herein;
THENCE: N 29° 38' 53" W, along and with the northeast line of The Ridge at Scenic Hills, Unit 1, a
subdivision plat of record in Volume 6 Page 768 of the Map and Plat Records of G- padalupe CouWy,
Texas and The Fairways at Scenic Hills; Unit 3B, a subdMsiob plat of recordin Volume 7 Page 203
of -the Ma -a d PlatReeords of Guadalupe County, Texas, the s outhwest line of the 52118 acre' tract,
a distance of 912.18 feet to a set Yz" iron rod with a blue plastic cap stamped "ICFW Surveying ", for
the southwest corner of the 68.274 acre tract and the northwest corner of the - 522.18 acre tract axed
the tract described he from which a found x/z" iron rod fox the southwest cor-nex of Lot 23 and
the nortiiedst corner of Lot 26 and for an angle point in the southeast line of The Fairways of Scenic
Hills, Unit 3B bears N 29" 38' 53" W, a distance. of 100.78 feet;
THENCE. Departing of the northeast line of Lot 26 in The Fairways at Scenic frills, Unit 3B, along
and with the. southeast and east Iines of the 68.274 acre tract and the northwest and west lines of
the 52218 acre.tract; the followingten (10) calls and distances:
1. N $3° 02' 42" E, a distance of 1147;11 feet to a set Yj" iron rod with a .blue .plastic cap
stamped "KPW Surveying"; for as angle point of the tract described herein,
2. N 66° 26' 37" E, a distance of 241.33. feet to a set W' iron rod with a blue plastic cap
stamped "KFW Surveying ", for the southeast corner of the 68.274 acre tract, an hiterlor
corner of the $22,18 acre tract and the tract described herein,
3. N 06 °.46' 13" W, a distance of 622.12 feet io a set 1/z" iron rod with a blue plastic cap
sfainped "•KFW Surveying", for a point ofcurvatPre to the left,
4, -with a ctirve to the left, having an arc of 26,76 feet, a radius of 1350.00 feet, a delta of
01 °08'08" and a chord bears -N 67 °2017 "W, a distance of 26..75 feetto a set?lz" iron fid
with a blue plastid cap stamped " i FW Surveying ", for a gpztipouhd curve,
5. with a curve to the left, having an arc-of 6,38 feet; a radius of 5.00 feet, a delta of 73 °0.3'53."
and a chord bears Itl '4 :°2:6x1.7 "W, a distance of 8.95 feet tb a. set Yz' iron rod with a blue
Plastic cap stamped "KFW SIiobyi4g"' for a point-of reverse curve,
6. With a curve to the right, having an arc of 361,36 feet, a radius of 155.00 feet, a delta of
133 634'31" and a chord bears N 1401U'57"W, a distance of- 0.0401 Feet to a set 1/z" iron rod
with a blue plastic cap stamped "KFW Surveying ", for a point of.reverse curve,
7. with a curve to the left, having an arc of 6.38 feet, a radius of 5.00 feet, a delta of 73003ty
and a chord bears N 16 °04'.23 "E, a distance of 5.95 feet to a set J/a" iton rod With a blue
plastic cap stamped "KFW Surveying", for a p oint.of compound curve,
8. with a curve to the left; having an arc of 312,45 feet, a radius of 1350,00 feet, a delta of
13"15'.39" and a chord"bears N 271'05'23 "W, a distance of 311.76 feet to a set -1/z" iron rod
with a blue plastic cap stamped "KFW Surveying', for a compound curve,
9, with a curve to the left, having an arc of 1107.42 feet, a radius of 730.00 feet, a delta of
86 955'07" and a chord beat's N'77'10 4:6 "W, a distance of 1004.25 feetto a set 1/a" iron rod
with a blue. plastic cap stamped "XFW Surveying", for a corner of the tract described herein,
and
10. N 30° 38' 19" W, a distance of 20.00 feet to the PbIN'i' OF BEGINNING and containing
312,03 acres more or less situated in the City of Schertz, Oomal and Guadalupe Cou ties,
Texas and beibg described in accordance with a survey prepared by XFW S�P�
job No.:
13 -016
Prepared by:
Iowsurveying
2015
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Date:
August 19,
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Revised:
August ZJ„ Z01S
13- 016 RESARE
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IMPROVEMENT AGREEMENT
HOMESTEAD SUBDIVISION - PUBLIC IMPROVEMENTS
EXHIBIT "B"
Homestead
Community Facilities Agreement Phase
Sewer Lift Station & 12" Force Main
of Total
LUE Usage
Phase 2 Off -Site Sewer Extension
LUE's
LUE's
Residential (SFD) LUE's
------ $ 743,533.85
1333
42%
Residential (TH) LUE's
1,563 49% $293,196.34
138
4�
Commercial LUE's
(4)
5
100% $600,000 Total
Apartment LUE's
(4)
Homestead - School
(2)
City of Schertz - Off-site
(1)
Total LUE's
(31
5.5
1
(1) River City En rring- Station Shared Flow Exhibit - 2 -17 -16
(2) River City E Station Shared Flow Exhibit - 2 -17 -16
(3) * River City Eng)n Lift Station Shared Flows - 4 -14 -16
(4) KFW email on 4 -15 -16
$ 1,098,174.51 Original DNT Contract Amo
$ (154,115.44) (Deduct Change Order #1)
$ 944,jift Cost per DNT Bid (attached
F6,293.73
Phase 2 Off -Site Sewer Extension
41,026.66
$600,000 Estimated Cost
$ 92,607.27 ------
------ $ 743,533.85
$ 186,31.4.54
Footnote LUEs LUEs Total
$ 27,291.65
1,563 49% $293,196.34
$ 200,525.22 1 ----
------ $ 200,525.22
944,059.07
$ 944,059.07
Total Cost Sharing by Entit om above
Fr Id $11 3ZI
McCo $18
City YX tal
Phase 2 Off -Site Sewer Extension
$600,000 Estimated Cost
of Total Cost as % of
LUE Usage
Footnote LUEs LUEs Total
Freehold -
1,563 49% $293,196.34
McCombs
966 30% $181,148.36
City of Schertz
(3) 670 21% $125,655.30
100% $600,000 Total
(3) City to reimburse owner by not requiring
Sewer Impact Fees on the first lots with Building Permits In Homestead Phase 1.
Total Cost Sharing by Entit om above
Fr Id $11 3ZI
McCo $18
City YX tal