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12-R-27 - Hold Em Investments - Hunter EstatesRESOLUTION NO. 12 -R -27 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH HOLD `EM INVESTMENTS, LLC AND THE RESERVE AT SCHERTZ, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the City enter into an agreement with Hold `Em Investments, LLC and The Reserve at Schertz, LLC establishing (i) secondary access to Hunter Estates Subdivision through Ivy Estates Subdivision and (ii) temporary construction access to Hunter Estates Subdivision and Ivy Estates Subdivision from Graytown Road; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Hold `Em Investments, LLC and The Reserve at Schertz, LLC pursuant to an Agreement relating to secondary access to Hunter Estates Subdivision and temporary construction access to Hunter Estates Subdivision and Ivy Estates Subdivision, attached hereto as Exhibit A (the "Agreement "). 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 Agreement with Hold `Em Investments, LLC and The Reserve at Schertz, LLC in substantially the form set forth on Exhibit A. 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 fmdings 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. 50503921.1 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 17th day of April, 2012. CITY OF $CHERTZ, Mayor Pro -Tem ATTEST: a5��N� City Secretary (CITY SEAL) 50503921.1 EXHIBIT A AGREEMENT See Attached 50503921.1 A -1 AGREEMENT This Agreement is among Hold `Em Investments, LLC, a Texas limited liability company, together with its successors, assigns, and transferees (the "Owner "), The Reserve at Schertz, LLC, a Texas limited liability company, together with its successors, assigns, and transferees (the "Adjacent Property Owner "), and the City of Schertz, a Texas municipal corporation (the "City "), and is effective upon the execution of this Agreement by the Owner, the Adjacent Property Owner, and the City (the "Effective Date "). A. RECITALS WHEREAS, the Owner is the owner of real property located in the City of Schertz, Bexar County, Texas, more specifically described on Exhibit A, attached hereto and made a part hereof for all purposes (the "Property "); WHEREAS, the Owner submitted to the City a preliminary plat application (the "Preliminary Plat ") for Hunter Estates, a single - family residential community which the Owner sought to develop on the Property (the "Hunter Estates Subdivision "); WHEREAS, on January 11, 2012, the City's Planning and Zoning Commission (the "Commission ") denied the Preliminary Plat based on a secondary access variance requested by the Owner and shown on the Preliminary Plat; WHEREAS, the Owner appealed the Commission's action pursuant to the City's Unified Development Code, and on February 21, 2012, as modified on March 27, 2012, the City Council approved the Preliminary Plat but denied the requested secondary access variance, subject to implementation of the terms of this Agreement; WHEREAS, a copy of the Preliminary Plat, as finally approved by the City Council on March 27, 2012, is attached hereto as Exhibit B and made a part hereof for all purposes; WHEREAS, the Adjacent Property Owner owns the real property located in the City of Schertz, Bexar County, Texas more specifically described on Exhibit C attached hereto and made a part hereof for all purposes (the "Ivy Estates Adjacent Property "), which Ivy Estates Adjacent Property is adjacent to the Property and has direct access to the existing Laura Heights Subdivision; WHEREAS, the Adjacent Property Owner filed a Preliminary Plat Application with the City on March 12, 2012 relating to development of the Ivy Estates Adjacent Property as the Ivy Estates Subdivision; WHEREAS, the Adjacent Property Owner owns the real property located in the City of Schertz, Bexar County, Texas more specifically described on Exhibit D attached hereto and made a part hereof for all purposes which will be utilized for purposes of a temporary construction roadway for the development of the Hunter Estates Subdivision and the Ivy Estates Subdivision (the "Construction Access Adjacent Property "), which Construction Access Adjacent Property is adjacent to the Property and has direct access to Graytown Road; 50503279.4 NOW THEREFORE, in consideration of the agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby stipulated, the Owner, the Adjacent Property Owner, and the City hereto agree as follows: 1. Owner: Adiacent Property Owner. (a) 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, nor is it a party to any contact or other understanding to do so. So long as the Owner has any obligation under this Agreement, the Owner agrees with the Adjacent Property Owner and. the City that it shall not make any such conveyance, assignment, or transfer unless this Agreement is attached to and incorporated by reference into the instrument of conveyance, assignment, or transfer and the City receives a contemporaneous copy of such instrument. (b) The Adjacent Property Owner hereby represents and warrants that, as of the Effective Date, it has not conveyed, assigned, or otherwise transferred all or any portion of any interest in the Ivy Estates Adjacent Property to any other person or entity nor is it a party to any contract or other understanding to do so. So long as the Adjacent Property Owner has any obligation under this Agreement, the Adjacent Property Owner may make conveyances, assignments, or transfers of all or any portion of the Ivy Estates Adjacent Property to any person or entity, provided this Agreement is attached to and incorporated by reference into the instrument of conveyance, assignment, or transfer and provided that the City receives a contemporaneous copy of such instrument. (c) The Adjacent Property Owner hereby represents and warrants that, as of the Effective Date, it has not conveyed, assigned, or transferred all or any portion of any interest in the Construction Access Adjacent Property to any other person or entity, nor is it a party to any contact or other understanding to do so. So long as the Owner or the Adjacent Property Owner has any obligation under this Agreement, the Adjacent Property Owner agrees with the Owner and the City that it shall not make any such conveyance, assignment, or transfer unless this Agreement is attached to and incorporated by reference into the instrument of conveyance, assignment, or transfer and the City receives a contemporaneous copy of such instrument. 2. Construction of Laura Bluff. Prior to the filing for record of the final plat for the Hunter Estates Subdivision, the Owner, and /or the subsequent owner(s) of any portion of the Property (all of whom shall be jointly and severally obligated to perform the provisions of this paragraph) shall construct Laura Bluff at the location shown on the Preliminary Plat from the convergence of Laura Bluff and Ivy Misty to the western edge of the Hunter Estates Subdivision as a standard paved local street (50' of right -of -way, with 30' of paved surface), built in accordance with City design standards, and shall dedicate Laura Bluff to the public on the final plat of the Hunter Estates Subdivision. The Owner may not file the final plat of the Hunter Estates Subdivision for record until the City accepts Laura Bluff as a public street. 3. Construction of Connecting Roadway. The Adjacent Property Owner, and /or the subsequent owner(s) of any portion of the Ivy Estates Adjacent Property (all of whom shall be jointly and severally obligated to perform the provisions of this paragraph) shall construct within the Ivy Estates Subdivision a standard paved local street (50' of right -of -way, with 30' of 50503279.4 -2- paved surface) from the western end of Laura Bluff described in paragraph 2 above to the Laura Heights Subdivision in the location set forth on Exhibit C attached hereto and made a part hereof for all purposes (the "Secondary Access Connecting Roadway "), built in accordance with City design standards and with appropriate culverts over drainage easements. On or before the date on which the final plat of Hunter Estates Subdivision is filed of record, the Adjacent Property Owner must (a) dedicate to the City by separate instrument, in form acceptable to the City, the right of way for the Secondary Access Connecting Roadway, and (b) provide a performance bond to the City, in form acceptable to the City, in the amount of 125% of the agreed anticipated cost of constructing the Secondary Access Connecting Roadway. The Adjacent Property Owner must take all actions required by the City to receive the City's approval of the civil plans for the Secondary Access Connecting Roadway (a) prior to the City's acceptance of the Adjacent Property Owner's performance bond described above, and (b) prior to the Owner filing the Hunter Estates Subdivision final plat of record. The City may call on the performance bond and complete construction of the Secondary Access Connecting Roadway, if (a) construction of the Secondary Access Connecting Roadway has not commenced by the date which is 30 days after the date on which the final plat for the Hunter Estates Subdivision is filed of record; or (b) construction of the base of the entire Secondary Access Connecting Roadway has not been completed by the date which is 180 days after the date on which the final plat for the Hunter Estates Subdivision is filed of record; or (c) if the Secondary Access Connecting Roadway has not been completed and dedicated to, and accepted by, the City as a public roadway by the date which is 270 days after the date on which the final plat for Hunter Estates Subdivision is filed of record. Until the Secondary Access Connecting Roadway is accepted by the City, the Hunter Estates Subdivision shall have a temporary variance to the City's requirement that all subdivisions have two (2) points of access. 4. Temporary Construction Access Roadway. (a) Prior to the commencement of any construction in the Hunter Estates Subdivision or Ivy Estates Subdivision (including any public or private infrastructure construction), the Owner and /or the subsequent owner(s) of any portion of the Property (all of whom shall be jointly and severally obligated to perform the provisions of this paragraph 4) shall construct (i) a temporary construction connector access point between lots 17 and 18 in the Hunter Estates Subdivision and (ii) a temporary construction access roadway (the "Temporary Construction Access Roadway ") over the Construction Access Adjacent Property at the location set forth on Exhibit D, built in accordance with the design standards set forth on Exhibit E attached hereto and made a part hereof for all purposes. (b) In addition, until certificates of occupancy have been issued for all homes in the Hunter Estates Subdivision and the Ivy Estates Subdivision, the Owner and /or the subsequent owner(s) of any portion of the Property shall (1) require all builders in the Hunter Estates Subdivision and the Ivy Estates Subdivision to ensure that all construction- related vehicles larger than one -ton pickup trucks shall utilize solely the Temporary Construction Access Road for all construction in such Subdivisions and shall not access such Subdivisions pursuant to the Laura Heights Subdivision, and (ii) maintain the Temporary Construction Access Roadway in accordance with the maintenance standards set forth on Exhibit E. The Owner and the Adjacent Property Owner agree that (1) the failure of builders to ensure that all construction- related vehicles (as described above) utilize solely the Temporary Construction Access Roadway, or (ii) the failure of 50503279.4 -3- the Owner and /or subsequent owner(s) of any portion of the Property to maintain the Temporary Construction Access Roadway in accordance with the standards set forth in this Agreement shall be authorization for the City to issue a "stop work" order relating to all construction in the Hunter Estates Subdivision and /or the Ivy Estates Subdivision until (x) the City has inspected the Laura Heights roadways and roadway damages identified by the City from construction traffic in the Laura Heights Subdivision are repaired to the City's satisfaction, or (y) maintenance of the Temporary Construction Access Roadway is corrected in accordance with the requirements of this Agreement to the City's satisfaction, respectively. The Owner and the Adjacent Owner shall inform all transferees of all or any portion of the Property and /or the Ivy Estates Adjacent Property in writing of such "stop work" provisions. (c) The Adjacent Property Owner (as the owner of the Construction Access Adjacent Property) and /or the subsequent owner(s) of any portion of the Construction Access Adjacent Property hereby authorize the Owner and/or the subsequent owner(s) of any portion of the Property to build and maintain the Temporary Construction Access Roadway as required by subparagraphs (a) and (b) above. (d) The Owner and the Adjacent Property Owner and /or the subsequent owner(s) of any portion of the Property or the Adjacent Property, respectively, shall be released from the obligations of this paragraph 4 upon termination of this Agreement pursuant to paragraph 5. The Owner shall take such actions as it has agreed to with the Adjacent Property Owner respect to discontinuance of the requirements for the existence and maintenance of the Temporary Construction Access Roadway. 5. Recordation of Agreement; Termination of Agreement. The Owner and the Adjacent Property Owner hereby expressly agree that this Agreement shall be recorded in the real property records of Bexar County and shall run with the Property, the Ivy Estates Adjacent Property, and the Construction Access Adjacent Property, until the latest of (a) the Secondary Access Connecting Roadway described in paragraph 3 is completed, (b) certificates of occupancy have been issued for all homes in the Hunter Estates Subdivision, and (c) certificates of occupancy have been issued for all homes in the Ivy Estates Subdivision. 6. Approval of Agreement. The City has approved the execution and delivery of this Agreement pursuant to Resolution No. 12 -R -27, and the Owner and the Adjacent Property Owner each represents and warrants that it has taken all necessary action to authorize its execution and delivery of this Agreement. 7. Governmental Immunity. The City does not waive or relinquish any immunity or defense on behalf of itself, its officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and actions contained herein. 8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, representatives, successors, and assigns where permitted by this Agreement, and the terms hereof shall run with the Property and the Ivy Estates Adjacent Property. 50503279.4 -4- 9. 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. 10. Effect of Waiver or Consent. No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. 11. Integration. 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, the Adjacent Property Owner, and the City. The Owner, the Adjacent Property Owner, and the City each agrees that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 12. 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, and if not so shown, then at the last known address according to the records of the party delivering the notice. 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: Hold `Em Investments, LLC 14855 Blanco Road San Antonio, Texas 78216 Attention: Harry Hausman With copy to: Earl & Associates, P.C. 15303 Huebner, Bldg. #15 San Antonio, Texas 78248 If to the Adjacent Property Owner: The Reserve at Schertz, LLC 14855 Blanco Road San Antonio, Texas 78216 Attention: Harry Hausman 50503279.4 -5- With copy to: Earl & Associates, P.C. 15303 Huebner, Bldg. #15 San Antonio, Texas 78248 If to the City: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager With copy to: Michael Spain Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 13. Lelzal 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. 14. Recitals. 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. 15. Time. Time is of the essence. Unless otherwise specified, all references to "days" mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If the date for performance of any obligation falls on a Saturday, Sunday, or legal public Federal or Texas state holiday, the date for performance will be the next following regular business day. 16. 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 Bexar 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 a consent by suit by any party. [The Remainder of This Page Intentionally Left Blank.] 50503279.4 -6- Executed by Each Partv on the Date Shown as Follows and Effective on the Latest of such Dates: Hold `Em Investments, LLC, a Texas limited liability company By: Name: H y Hausman, its Managing Member Date: April 4, 2012 ` z: THE STATE OF TEXAS § COUNTY OF ,Qi(/ § This instrument was acknowledged before me on the /—I— day of April, 2012 by Harry Hausman, the Managing Member of Hold `Em Investments, LLC, a Texas limited liability company, on behalf of such company. (SEAL) =- B. KAYE T:NE Y = MY COMMISSIOPIRES'' May 6, 2 50503279.4 S -1 J�jv I/ A, 2 -- //I / - Z':�:) Notary Publi and for The State of texas My Commission Expires:-J The Reserve at Schertz, LLC, a Texas limited liability company By: c4L=nz, Name: Harry Hausman, its Managing Member Date: April kj 2012 THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the /"/ day of April, 2012 by Harry Hausman, the Managing Member of The Reserve at Schertz, LLC, a Texas limited liability company, on behalf of such company. r` (SEAL) tea f3� otary P lic in and for The State of Texas MY COMMISSION FJ(PiRES May 6, 2013 My Commission Expires: 50503279.4 S -2 City of Schertz, a Texas municipal corporation By: Name: Jo C. Kessel, its City Manager Date: April [?7,2012 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the 4�-day of April, 2012 by John C. Kessel, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of the City. (SEAL) o Notary Pu lic in and for The State of Texas My Commission Expires: 50503279.4 S -3 EXHIBIT A The Property [See attached] 50503279.4 A -1 PRIONES ComIt1ng St Erg`inteftnF, Ltd. FiEI INOTES HUNTER ESTATES 24.20 ACRES SCHEM BEXAR +C UNW, TEXAS Being a 24.269 acre, Iran of Ban out of the :remaining poretm of an originally died 153.05 acne tract as rmwded in Vol€ rm 2627„ Page 140, I d girds of Herr County, Texas, . and said 242-69 acre being situated in the. Stacy B. Lewis. Sxn`*rcy Na: 317 and the .Antoni.o Zarera Survey Nh, 36 in Hexur Couay, `1 xas and being raore partietdarly described as follows: Be,gint� ng at the mrast - morthem fior= of etc herein dmcritiod. brwt.of land and said corneIr g N 3 " -15'- 4 "'rte, ac s mice s 3 95-46 teetto the cast fight-of-way ofBaenig.live; Tf CL.; in a soudlautern directic►n nlerng the ctxzr=an boundary line of a celled 131 acre tract# as recorded in Valurne 600k Pggo: 1228, Rod Property of Bmw County, Tom, aiad the 153.05 :acm tract, S 3p` -I V -24" E, a distance of 15.30.77 fftt to a point for the Mst eastern corner of'the herein dascribe4 �rw THENCE; 2: '- 3tr34- T , a distance of 1060,12 feet along the souihmsi boundary of the hereia descTi.W tr t 'ttr a -paint on a curve fnr the rnnst southern corrt:r of the :herein dewribvd tract of land, THENCE; :Tong a durve to the right having a ruckus of 1063, Do feat a C-entral of 1 '-2f' -12" an = l gth of 35..5 AzA acid a chord. b m ag and dirt- re of W, 357.05 feet to a= paint of iar gent fora ea r THENCE; N 30'-15'-2,4" W, a. di4mce of 394.03 feet to a point for it comer, THENCE N #11 37' -5V' E'., at di roe of 2.56 feetto a pointfor a comer, THENCE; N 38'=32'_OZ- E, a distance of 5+4:83 feet to the point of beginnuip, and containing 24-269 acre i;& laud. dUfii_ C o r`- :rge zuaa , P-E, .P.1.,.S, MC E3 ` PORLegistared Publi -c l,and Si i W car Page I of 1 50503279.4 A -2 EXHIBIT B The Preliminary Plat [See attached] 50503279.4 B -1 ED WOwo g 2 9 A 04 IMP yo .,Ikl &I—aft1w 1.�oN VIP 11 f I W Vol 1. - Gee act C 194 Win A IV 50503279.4 B-2 tip y Liz 44 o. Hi It ON I Im i it 11h go s tit 13 q I- It I I eN Alm la mv I I w C I it :gg! F! f 50503279.4 B-3 EXHIBIT C The Ivy Estates Adjacent Property and Location of Secondary Access Connecting Roadway [See attached] 50503279.4 C -1 E L A 'sill! m oil ;RINI :f ISOV u � � � � `if �!'" �.• •,, a ¢i �saz ffi o r del ' r T } it �v I' �i rc � ' .- �•S 1. � 7 I � ' F �, �� i � � Cie., 'p.� • �eN�iC � �L �' • b i��l'�i4 e � i-�e� � � � 9°iFG F"i J J .rt{ +• ? ,,.$ s•4 ��"'`' } �� a _ v f Fa a s Y ' V. r w,YSa 4 e F 50503279.4 C -2 IF I I*' .4 ar i pill 50503279.4 C-3 f t ]� I i t 0 j I a F La ra P It LEG . f ITT I bc iij .-a Eli 311H 1 1, EXHIBIT D The Construction Access Adjacent Property and Location of Temporary Construction Access Roadway [See attached] 50503279.4 D -1 )VI=h 26,2012' BR ION S ig, EWAT.4E_IwIr4:: LM FIMLID NOTES 3"OOT- CONMUCTION ENTRANCE EAi&PAMNT ITENITA ESMATES S CIMM, BE MAR C OUNTY, TFX.A S B-clIT a 3,04dat Construction Enmmm. Pmmeat, coexist of 1.325 aares 6f land out of fir rmiainhkg Berta Vilkie Staudt Trwt Idenfifizd in •hr Bew Cow-ty Appmj�l Di met As a 151-95-arx-et t and being sivnsi,,4 in the Antonio Zaawrid S-urvev No. 36, &-xar Cowity, Texa% and beiag, mm particularly Aesedbad.as f6flows; 9- then nodhimpsft c-mm of the hexciin d=ribied ease-m-ent And said mmpr being S- 29* 03' 340 W, I ,00.12 1W from` tho saulh t comer of Laum;HaighU E. es Unit .5, as ,r= c 3S."Pi. 1 33m] 36 of ft, Dzw. and Plat R-,%.7,o.rdq of Bexar County; Ten.% im. V , ol, Tbmm.., S 7r OFY 34" VV, a disto, em of 57643 fact to a point kv 2L 3turtrtr; S 29* 2;V W W. a diganm of 1,352.93 -feet to the sauIj.O-"- ommer of the, hm, in dmcribcd emcmeet and being of N, &4ytown RasA; TI"C-a' - ConfiUming 310ag said northemot ril.& Df-'Wmy Line of 14- Qr"wm ROM, N 2r, ZV 27.1. W, ai d4twz of .35, 06 fret Z ft, sou m-A corner of the h=in descrikd ease, m1=4 Thtr=, dtpaxdrgg 1ht nordxmg enmcr right- of -way cif 14- C�avtowm P N 29* 28'C16" Z a dihM=of 1.334.0 f W apoint f4ra,"imeri, llxn=,'N 29* OT 34- t, -a distance. of 5a2_80 f Eo a pc4nf -on a e wve for a eofner.; Ibm=' fwjav4n.K Said Ourvc to thc ICA, having a mdjw of LOOM fcv4 a cenbral a4gdepf 01' 391 157 ' an=m length of 3.0,69 feet and a cbrjrd be&= and digian of S 49 451 5040 f6et w the faint of Beginning and com V.1�1_5 a=s Qfjand, e, :1.1, 50503279.4 D-2 IUC_kxWCJZd*A' JTIFIE_"KFL& Regimcmd. PubLit LarA SLrvnor 50503279.4 D -3 Lv CT V �4 1P'1 �RlD 1 'yf F*ti y 9 PS a?'S l4 },•ti 2 EENTFi: L EA-M ENT Ll e i -un =ti w rf. L9 4m " *a r. r It- rx a� r! a s a } r T`1R €r� L NP i H U€ 1 TER EST A 7 ES :aaf1F6W [ iav r'rir.r . ta&a..r�.r 7XP1il Fu 4 n1 bl 50503279.4 D -3 EXHIBIT E Temporary Construction Access Roadway Design and Maintenance Standards Design Standards and Construction L The flalural gmt1w A.211 bee &crzw and leveled to Ln AFPMPrWe,ffr&&.Ms determin ed by a it 91bUrcd crigineor homsed by t State cif—'cam; 2. As least 6- -of corattuetkm gradc, base material will be appliod sod ed on the mu face. ofd prepared P-Toi leveled madway sub-bim e with com—paciom to occur 'andjudmig fin 4tc, -XiMUM e , -imoy . oinp Jona Mg fgr MR frc Of 3, Appropnate gifts and Pmciin will tc' W acc= as ap ved by t e rigN 05 -ice Jcd ju limit s; pro -af-Way owner; 4. Roadwmy vM1 bc constructed tD: 310OW fOr zppropnale 4ndnoge mad pievent vos-h * o-, u t and pay Haig f as a y tare upa nion of the property 6, A segmmtof the road, tocsfW on each md. aitoining a publie iwm , *11 be canstructed 14MR the a 1pdale maleriats to mirj i t. - a 'momm of dust anAOoT mud -oT soli& zC th a b irq Mansfermd to t1w, payed swn'-uTt5 pf the paced =em (me of fi�jt_ h, qQn,;� or -47-d 5. f vibnxive cleaning of tuns and Maintenance Standards I . The ro -ad will be inspeott,,d ma regular basis and additionai baste an compaction applied asneeded to assure proper operation of the road for the handling of construction Traffic; 1 Measw-es vi 11 be taken .y VP[ic'a'tion of Water) to assure minimizatlon of dust that May othenvix be caused by use of the road during dry conditions, 50503279.4 E-1