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PZ 07-11-12 Agenda Item 5D Associated DocumentsBACKGROUND: April 17, 2012 — City Council approved a development agreement (12 -R -27) between the City of Schertz and the Developer of Hold'Em Investments, LLC and The Reserve at Schertz, LLC for the purpose of establishing two points of access and a temporary construction roadway for the development of Hunter Estates and Ivy Estates Subdivision. The local street Laura Bluff will be constructed within the Hunter Estates Subdivision and connect to Ivy Flower in the Ivy Estates Subdivision and will ultimately feed to the Laura Heights Estates Subdivision. This connection will provide improved traffic flows for both the residents and emergency services within the subdivision. The agreement includes a temporary construction connector access roadway over the 30' construction entrance easement through the adjacent property to the southwest to ensure that all construction - related vehicles do not access the Laura Heights Subdivision. April 25, 2012 — The Planning and Zoning Commission approved the preliminary residential replat for the subject property. TREE MITIGATION AND PRESERVATION: The applicant will be responsible for complying with Unified Development Code (UDC), Section 21,9.9 Tree Preservation and Mitigation. The applicant has submitted a Tree Affidavit which indicates that no protected or heritage trees will be destroyed or damaged. City Staff has verified that no heritage or protected trees exist on this site. PUBLIC IMPROVEMENTS AND SERVICES: Water and Sewer: This site is serviced by Schertz water through an 8" water line that will be extended from the adjacent Laura Heights Subdivision; no city sewer is available, each site requires an on site sewer facility (OSSF) which is regulated by Bexar County. Drainage: The applicant will be responsible for all drainage associated with the subject property, and for compliance with the Storm Water Ordinance, which may require on -site detention. The majority of the storm runoff from Ivy Estates will flow to the improved channel that bisects Ivy Estates, Hunter Estates and Laura Heights Estates. Grading and drainage plans have been reviewed and approval by the City Engineer. Sidewalks, Hike and Bike Trails: Required along both sides of all streets throughout the subdivision and along Lazar Parkway. Additional Design Criteria: The subject property is affected by the additional design requirements of the UDC, Section 21.143 along Lazar Parkway to include landscaping buffers and screening. This property is within the AICUZ, APZ -2 and the builder is required to construct the houses with sound reducing features. Road Improvements: All streets will be developed to City of Schertz specifications including sidewalks and improvements, City Staff has been working with the developer to ensure that the secondary access points are achieved according to Development Agreement 12 -R -27 adopted 4 -17 -2012 through the Hunter Estates and Ivy Estates Subdivisions. The Developer is providing the City a performance bond for the sections of Laura Bluff and Ivy Flower that extend through the Ivy Estates Subdivision and dedicating the right -of -way by separate instrument; this will allow the Developer to record the final plat for Hunter Estates Subdivision. The performance bond will be 125% of the cost of improvements to ensure the completion of the public right -of -way improvements. The applicant will need to adjust the plat to show Laura Bluff and Ivy Flower as having been dedicated by separate instrument. 2 Public Improvements: All public improvements required for this subdivision will be required to be installed prior to recording of the final plat per UDC, Section 21.4.15. The developer or owner shall provide a maintenance bond for a period of one year. The bond will be released when a final inspection has been completed and all public improvements have been accepted by the City. If the developer chooses to record the plat prior constructing the public improvements, a performance bond or other security for completion of improvements is required. FEES: Tree Mitigation: Estimated no fees due, Parkland Dedication: No parkland was dedicated for this subdivision. Parkland fees in the amount of $1,000 per lot will be paid prior to recording the final plat. Utility Impact Fees: Impact fees will be paid per Ordinance 90 -F -15. STAFF ANALYSIS AND RECOMMENDATION: The UDC, Article 14, requires that all residential subdivisions have a minimum of two (2) locations accessing existing public streets. The developer has designed Ivy Estates to provide two points of access through the existing Laura Height Estates, Unit 4 and the Hunter Estates subdivision. The City of Schertz has entered into a development agreement with the Developer to ensure that the streets are constructed to City standards and the development provides the appropriate access for the safety and welfare of all residents. According to the Development Agreement 12 -R -27 adopted 4 -17 -2012; prior to beginning any construction in the Hunter Estates and Ivy Estates Subdivision, the Developer was required to construct and maintain a temporary construction connector access roadway over the 30' construction entrance easement through the adjacent property to ensure that all construction - related vehicles do not access the Laura Heights Subdivision. The construction access has been constructed and is currently providing access for all construction vehicles. As part of this plat, the 60' drainage and waterline easement, which is currently platted in the Laura Heights Estates, Unit 4 is being replatted to create public street ROW. The public street ROW (0.310 acres) will be called Ivy Flower and will extend into the Ivy Estates Subdivision and provide access for both Ivy Estates and Hunter Estates. The Master Thoroughfare Plan (IMTP) identifies a proposed 86 foot right -of -way that stretches from Lower Seguin Road to IH 10 which will be adjacent to this property to run north to south. The applicant is providing a dedication for the 86' ROW and landscape buffers for the proposed Lazar Parkway; the alignment has been adjusted based on an agreement with the Interim City Engineer, Director of Development Services and City Management; the re- alignment was revised to reduce the number of floodplain crossings. The proposed replat is consistent with all applicable zoning requirements for the property, ordinances, and regulations of the City. Planning Department Recommendation Approve as submitted X Approve with conditions* Denial While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. City Staff recommends approval of the request subject to the following condition: 1. If the applicant chooses to dedicate the right -of -way for Laura Bluff' and Ivy Flower by separate instrument prior to filing this plat, they adjust the plat to include recording information. COMMISSIONERS CRITERIA FOR CONSIDERATION: The Planning and Zoning Commission shall hold a public hearing in accordance with the Texas Open Meetings Act and section 21.4.4. and is the final approval authority of the proposed replat. In considering final action on a replat, the Commission should consider the criteria within UDC, Section 21.12.13 E. Attachments: Aerial (Maps) Exhibit 4 RE' SOLUTION NO, I2 -R -27 A RE' SOLUTION BY THE CITY COUNCIL OF THE CITE' OF SCHERTZ, TEXAS AUTHORIZING AN ACREEIVIENT WITH HOLD `Vvt INVEST-MENTS, LLC AND THE RESERVE AT SCHERTZ, LLC, AND OTHER MATTERS IAN CONNECTION THE RE, WITH WHEREAS, the City staff of the City of Seheftz (the `'City ") has reco"unended 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 tluough Ivy Estates Subdivision and (ii) temporary construction access to Hunter Estates Subdivision and Ivy Estates Subdivision from Graytown Road; and WHEREAS, the City COU1161 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 "). THAT: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS 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 oil Exhibit A. Section 2. The recitals contained in the preambte 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 ofthe judgment and findings of the City Council, Section 3. All resolutions, or Darts 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 platters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laves of the State of Texas and the United States ofPLAiicrica. Section 5. If any provision of this Resolution or the application thereof to any person or eircu nstance shall be held to be invalid, the remainder of this Resolutions and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resoluution would have been enacted without sueh invalid provision. Section G. 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 tine, 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 1, MAIER- �a Ir � EXHIBIT A AGREEJAIIENT See Attached 50503921A A-1 AGREENI ENT This Agreement is among Hold `Em Investments, LLC, a Texas limited liability company, together with its successors, assigns, acid transferees (tile "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 (lie City of Schertz, Bexar County, Texas, more specifically described on Exhibit A, attached hereto and made a part hereof for all purposes (tile "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 oil a secondary access variance requested by the Owner and shown on the Preliminary Plat; WHEREAS, the Owner appealed the Commission's action pui•suaiit 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 tile, 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 Acl.jacent Property Owner owns the real property located in the City of Schertz, Bexar County, Texas more specifically described oil 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 t13e Property and has direct access to the existing I.,affl-a 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 oil 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 "CollStrltction Access Adjacent Property "), which Construction Access Adjacent Property is adjacent to the Property and has direct access to Graytown Road; 50503279A NOW THEREFORE, ill consideration of the agreements set forth herein and for other good and valuable consideration, the receipt and sufticiency of which are hereby stipulated, the Owner, the Adjacent Property Owner, and the City hereto agree as follows: Owner, Adjacent Property O`vilej.. (a) The Owner hereby represents and warrants that, as of the Effective Date, it has not conveyed, assigned, or transferrer/ all or any portion of its interest it, the Property to any other Iverson 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 Trot make airy such conveyance, assignment, or transfer unless this Agreement is attached to and incorporated by reference into tiie instrument of conveyance, assignment, or transfer and the City receives a co ntemporaneous copy of such instrurrient. (b) The Adjacent Property Owner hereby represents and warrants ti3at, 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 rior 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 makc conveyances, assignments, or transfers of all or any portion of the Ivy Estates Adjacent Property to arty 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 instalment. (c) The Adjacent Property Owner hereby represents and warrants that, as of tiie Effective Date, it has not conveyed, assigned, or transferred all or -lily portion of any interest ill 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 Owiler 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 instrUnlent of conveyariee, assigimient, or transfer and the City receives -r contemporaneous copy of such instizr €iient. 2. _Construction of Laura Bluff. Prior to the failing for record of the final plat far the Hunter Estates Subdivision, the Owrier, and /or the subsequent owner(s) of -lily portion of the Property (all of whom shall be jointly and severally obligated to perform the provisions of this paragraph) sliall construct Laura Bluff at the location shown on the Preliminary Plat from the convergence of Laura Bluff anti 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 (lie public on the filial 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. Coils .tructioar of Co € € €ieetiirt; Roadiyal'. The Adjacent Property Owner, and/or the subsequent owner(s) of any portion of the Ivy Estates Adjacent Property (-ill of whom shall be jointly and severally obligated to perf6l"ll the provisions of this pnrragr'aph) 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 iii the location set forth oil Exhibit C attached hereto anti madc a part hereof for all purposes (tile "Secondary Access Connecting Roadway "), built in accordance with City clesigii standards and with appropriate culverts over drainage easements. Oil or before the date oil which the filial plat of Hunter Estates Subdivision is filed of record, the Adjamit Property Owner must (a) dedicate to the City by separate instrunieut, ill forth 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 lilaiis for the Secondary Access Connecting Roadway (a) prior to the City's acceptance of the Adjacent Property Owtier's performance bond described above, and (b) prior to the Owner filing the Hunter Estates Subdivision final plat of record. Tine City may call oil 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 clays after the elate oil which tine 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 oil which the final plat for the Hunter Estates Subdivision is filed of record; or (c) if the Secondary Access Con necting 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 Rosiclw:l (a) Prior to the commencement of any construction in tine 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 whoili shrill be jointly and severally obligated to perform the provisions of this paragraph 4) 811,111 construct (i) a temporary construction connector access point betweein lots 17 and 18 in the H -miter Estates Subdivision and (ii) a temporary caiistriiction access roadway (tile "Temporary Construction Access Roadway ") over the Construction Access Adjacent Property at the location set forth oil 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 Oii,iler and /or the subsequent owner(s) of any portion of the Property shall (i) require all builders in tine Hunter Estates Subdivision Since the Ivy Estates Subdivision to ensure that all construction- related vehicles larger than one -ion pickup trucks shall utilize solely the Temporary Constriction 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 (i) t11e fiiilure of builders to ensure that all construction - related vehicles (as described above) utilize solely the Temporary Construction Access Roadway, or (ii) the failure of 50503279A -3- the Ownei' and /or saabsegLicatt Owner(s) of any portion of the Property to maintain the Temporary Construction Access Roadway in accordance with the standards set forth lit this Agreement shall be aUthDrization 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 Lac €ra Heights St €bdivision are repaired to the City's satisfaction, or (y) maintenance of (lie Temporary Construction Access Roadway is cormeted ill accordance with the requirements of this Agrcement to the City's satisfaction, respectively. The Owner and the Adjacent Owner shall itifor €tt 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) all([ (b) above. (d) The Owner and the Adjacent Property Owner anchor the subsequent owner(s) of ally 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 at)d maintenance of the Temporary Construction Access Roadway, S. Reeoi- daatiton of Agreement; Termination of A reemeut. The Owner and the ACliacent Property Owner hereby expressly agree that this Agreement shall be recorded ill the real property records of Bcxar County and shall run with the Property, the Ivy Estates Adjacent Property, and the Constructions Access Adjacent Property, until the latest of (a) the Secondary Access Connecting Roadway dcscribcd 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, G. Atit)k'O4'aI o�eaaia sat. Tile City has approved the execution and delivery of this Agreemcatt 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 Imammity. The City (Toes not waive or relinquish any llnmunity 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. S. 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 aratl the Ivy Estates Adjacent Property. 50503279.-1 _4_ 9. Counterparts. This Agreement may be executed in any number of counterparts witli the same effect as if all signatory parties had signed tile same document. All co Lill terparts shall be construed together and shall constitute one and the same Agreement. 10, Effect of Waiver' oa- COIISerlt. 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 ally other breach or default in tlae performance by such party of the same or any other obligations of such party hercurlder. Failure on the part of a patty to complain of any act of any party or to declare any party in default, irrespective of ]low long such failure continues, shall not constitute a waiver by such party of its rights ]ael'eltnder until the applicable statute of limitation period liras tern. H. lr, lte�. This Agreement is the complete agreement between the parties as to the subject matter hereof ail([ cannot be varied except by the written agreement of the Owtler, the Adjacent Property Owtaer, 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 fortli 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 avail return receipt requested, and addressed to the intended recipient at the address shown herein, and if trot 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 raotices laer- ellnder shall be in writing and served as follows: 11` to the Owner: Hold `Enl Investments, LLC 14855 Blanco Road San Antonio, Texas 78216 Attention: Hurry Hausman With copy to: Earl & Associates, P.C. 15303 Huebner, Bldg. #15 San Antonio, Texas 78243 If to the Adjacent Property Owner: The Reserve at Schertz, LLC 14855 Blanco Road San Antonio, Texas 78216 Attention: Harry Ilausnlan 501032 79.4 -5- With copy to: Earl & Associates, P.C. 15303 Huebner, Bldg. # 15 San Antonio, Texas 75248 If to the Oi V: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Ma €sager With copy to: Michael Spain Fulb €•fight & Jaworski L.L.P. 300 Convent Street, Suite 2100 Sa€i Antonio, Texas 75205 13, Legal Construction. If ally provision in this Agreement is for any reason unenforceable, to the extent the uncnForceability 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 €lever 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 ill 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 Isavorably between the parties by reason of authorship or origin of langmigc. 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 folly 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, t3usiness clays exclude; Saturdays, Sundays, and legal public holidays. If the (late for perform" €nce ofan), oblige :tioii falls on a Saturday, Sunday, or legal public Federal or Texas state holiday, the date for performance will be the next following regular busil]eS5 clay. 16. Choice of Law, This Agreement will be construed under the laws of the State of Texas without regard to choice -of -law miles of my jurisdiction. Venue shall be in Bexar County, Texas with respect to any lawsuit arising out of or construi €ig the terms a €rd provisions of this Agreeme €it. No provision of this Agreement shall constitute a consent by suit by any party. [The Remainder of This Page Intentionally Left Blank.1 50503279.4 -6- - � § ■;� ° �� \� Z. .- _ - AKI 2 q\= M.T7T !� EXHIBIT A The Property [See 'attached] 50503279.4 A-1 November 11, 2011 FIELD NOTES HUNTER HSTATES 24,269 ACRFS S CH ZRTZ, BEXr1R COON TV, TEXAS URIONFS CAD It Mg & Engine�rtnk Ud. 1sleing a 24.269 acre tract of land out of the remaining portion of an origindBy tAted 153.65 aera tract as record in Volume 2627., Page 110, Deed Records of Bwxar County, Texas, . and said 24.269 acres being situMed ill the Stacy B. 1 a}vis Survey No, 317 and tho Antonio Zamora Sunny 1di1, 16 iu 13exar C%Mty, T'cxas and being more particularly described as follows: T3egirarung at tho most northern cornier of the harein described truct.(,r taunt and Said eor:le "r being N 10' -1 S' -24" W, a distAnOe of 3685.45 feet to the east right- of-way ofBoenig Drive; THFNCE; ill a aouthoastern direction along the coa>niou bowldary lute of a called 131 acre" "a as racordcd in Volume 6008, Page 1228, Real Property of BLxar CoitraEy, Texa4, and the 153.65 acre tract, S 30 °- 15' -24" B, a di.staarace of 1120.77 RAt to a point for the most e,cstern corner of tho herein dmoribed tract; THENCE; S 29'- 03' -34" W, A di.tanca of 1050,12 feet adoarg the soathemi boundary of the herein dvic.6lTrtl tract to to "point On a curve for the most southcm corner of the heroin described tract of land; TTMNCE, along a vtarve to the rigthl having a radio,, of 1063,00 fear, a central artglo of 19'..20' -12 ", art arc length of 358.75 feet, arld a chord gearing and distance of N 39 %55 %29" W. 357. ©5 feet to a {mint of t,u)gent foir.a corner; '111 iNCE, IN 30'-1 V-24" W, a distaraec or 390.03 feet to a point for a Wnler; l'111iNCf�; N t ?1 37' -53" P;, a distaricc of 342.56 feet to a point for a comer, TilfiNCli; N 39'- 32' -02" F, a diatrmcc of 564.83 feet to the point of beginning and coninining :24.269 atcres of land. j1 m4°44�� �'reorl e`0zwia, Yr., Rogistered Public Land Strwyor YaBg 1 cif l 50503279.4 )1 -2 EacTUBIT B The Preliminary Plat (See att checil 50503279A B-1 J It �j Tj�W, j fL W1 j oil ri I H f 11 jW lit Pill N610% Ill. j! I z I lit . :'y t' L'A' N, IJ -Y.Z,-W t rr �R. 50503279.4 B-2 tc r C5 11 j �iFl i��i� � � §j9� �1!' fl 1 W �j' Lys AIR 11 fill Now 4 t Il Vic-! All q 1 � F ly IL q IN AN Poll I 7 11.1. on ss ZM 1 Ls AlF VRAM ---- hot a WJ Emil. MCI 505027%4 B-3 AIR 11 fill Il Vic-! All q 1 � F ly IL q IN AN Poll I 7 11.1. on ss ZM 1 Ls AlF VRAM ---- hot a WJ Emil. MCI 505027%4 B-3 EXHIBIT C The Ivy Estates Adjacent Property and Location of Secondary Access Connecting Roadway [See attached] 54)5032 79.4 C-1 R t if - iF I j It qpr I "J 0 h I. '; � l Its Liii Z?, T r' 'u. 50503279A C-2 Ar kfEk r P� '`€ r." ji-i I I I g , Ii R t if - iF I j It qpr I "J 0 h I. '; � l Its Liii Z?, T r' 'u. 50503279A C-2 Ar 14 I'— r P� lk 7j Isf 14 I'— r P� Ii li,Ci ji IF 14 �,s •'C I S ' �3 ,: C 1 I i f Oi� F €S � aF �4 I i d 4t' 5; 50503279.4 G3 �q .6 �6 1 si�ta r! i t ,r- e` !� 2 � �♦� h ��•�i�f 5 5 i �1 :I��F 1 R !® Ig j 4 + 1 MI �q .6 �6 1 si�ta r! i t ,r- e` 2 � �♦� h 3 ! 14.a ��`+ y os�sff; 5 The Construction Access Adjacent Property and Location of Temporary Cousti-aiction Access Roadway [See attached] >0503279.4 D-1 Marc;, 26, ?012 FfEL1) Ni)'I' N 30- t•'O«'a;' (' :O dtiTRj)CTI ()N ENTRANCE )1 ASIi NIENT !1!'.iFN'd'. IR ESTATKS SOARTZ, DEXA t COUNTY, TEXAS DR10NEE5 Being a 30-Cowl Constaw ion Entsanne• Eascrncnt, of 1.325 aces of land out of the mmaInIng Berth. Wilkie Staudt 'Tract, ideti rigid in •thl. i'011FIty r1.pprahml Dimrivt as a 153.95 -acre tract and being situated in thy: Antovio 741ruwra Survoy No. 36, 13cxar t'4utaty, T4cxas, and being tnme peicularly described as follows, fkCpjnrtmg at tht near -ot come[ ef the hereilj CtIRtrtetjt and said uomu kdc' tY S 29` OP -34" W, 1,€760.12 fact from the southkuest conser of l,stsrs Nciblat_r F.States lJrsit 5, os rcc: T&d in Vol. W335, Pg, 1:33 -136 €sl'the Med and PW ReccA& of Bess 1 ttcnr�r, 5 29'03' 34" W,.e distance of 576,43 fod to a poin', for a cumer, `hence, 5 29' M UW' W, a di,imKe of 1,352.93 feel to the %outheaLst ct7Tnc.c of ti'te llUre�ift dcmibcd casement and Wing on this nrtllhcalt right•tsf vnrY lissr? of N GyayloSvn Rood; At^tfc ., cot7(i=;uittf 3looe said )icrdiemt righl -ut -way 1.0: of H. Graytom"D k0atl, N 29' 22' 27" ttr', u diMance of 35,06 feet to thr, GOVAPv of die btruin described Ge9,kriter'}lp `lhcrx,�, depar6rg the no?lbt:. -jsi comc.r right -of -WRY Of N. tira.y'lo Wn Road, h' ? ;3` B' 06 " L, a iliaWaw of 11334.09 Jac( to a point for a o €Ernes; I rtes c , ,N 294 03' 34" E, a distance of'.582.kiO 1cc #c, 3 pkutt nn rt ct]rN e f <Er a a a nts; Thence, fnllnvring mid caare� to tho< lcft, having, a radius a' 1,063.00 fcct, a 0EY -n(rai �utgle Of 9, ,> ftl' 15 , ;sit ;tr% lEsi3ppl) of 313.69 Brat .7t,d ;. eliurd Lm7rtg and slisrtsrtco bi` � 48' 45' 58" I, 30.69 feet to the E'olnt oaf Begiminp ttnd cmitaming 1.325 arsres Of land. 5050 - 1279.4 U -2 �� Jr., VE., R.TI.S. J Public. Lard 5tme.ynr ri 50503279.4 D-3 I I era nq of 30' C (Dill' S TR UCTION ENTRANCE UA��FRqEtqT TA A I N EXHIBIT E Temporary Construction Access Roadway Desigii and Maintenance Standards Design Standards and COnStrLiCtiOfl 1. The nalttr l lrrtluntl -hall be �ct,ive i and leveled Ka un i1 pr(lpri rte. �t °�t1� a� dettfftiitted 13,, a r�:f;ist,urc�! n itxccr ftcnsc;d by [tit; Slate of Texjts; 2. Al lc; +._tit 6 " of coAnstructic:5n hradc basc m pri.al witll lsv avplit4d oral wrnputcd on the stAace of U -;e prepares cl itnd lcvtACJ t'ead~v;3y sll� -base xvith corryxrction to sic.,: w- ulle) uaa rrf; al7iire�pFWP :-- tidq(t ring f'Qr nj,,LNittttlttl, ct icl icy s1f tiampaudoit, :3. Approp ime gates and fi -nebig wiU� be install :d Co liitllit access ag apprcived by thu. right - o[-way Oveller; 4. Rua - c1way will l- Constructed iQ 11101k, for apprtlprlaw d minalre and ptiuem ktiu,L b(iu ttrttl .rxlolingr of water as required by the opinion of lho prooetly (3�vtce.r's en:gin -VW-? A s--girient of the rE aa, ot:adLd can a,ttch road acfjc$illirt a pUlbtic ATect, will be cotls true t2d gill [he appToprinta nutuhl —�; to ttYitiitt`t[x.�! the :JmOkeilt of dtNt andlo: mud or solids tvirt, trangorrc <l to the paved sec1loms Of thy: Paved StFOO(S (use of fpg- si•rett �.toflq- 1,or �it_irilfl%.le cle- atlitrg of tires and lwav rla.acl�irl.c.t�j. Main #crlal�ce Stanclarcls 1. The road Will be inspected on a regular basis ontl additional base and compaction applied ,ts rlceded to assure proper opet,rtion of the road for the handling of construction traffic; 2. 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