The URL can be used to link to this page

12-R-83 Croton & SCUCISD 3rd AmendmentRESOLUTION NO. 12-R-83 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A THIRD AGREEMENT REGARDING SEWER FACILITIES WITH SCHERTZ-CIBOLO- UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, CROTON PROPERTIES, LLC, AND FRED DEVELOPMENT, LLC, AND OTHER MATTERS IN CONNECTION THEREWITH WIIEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into a Third Agreement Regarding Sewer Facilities with Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas (the "District"), Croton Properties, LLC, a Texas limited liability company ("Croton"), and Fred Development, LLC, a Texas limited liability company ("Fred Development"), relating to the funding and expansion of certain sewer facilities, the funding of certain sewer facilities, establishment of reimbursement amounts, and transfer of a right of first refusal to acquire units of capacity in certain sewer facilities; and WIlEREAS, the City Council has determined that it is in the best interest of the City to contract with the District, Croton, and Fred Development pursuant to the Third Agreement Regarding Sewer Facilities 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 the District, Croton, and Fred Development 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 proposes 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resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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. sosoizss.i 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 18th day of September, 2012. CITY OF SCHERTZ, TEXAS 1 Mayor Pro-Tem, George Antuna ATTEST: City Secretary (CITY SEALI 50501288.1 EXHIBIT A SECOND AGREEMENT REGARDING SEWER FACILITIES 50501283.1 A-1 After Recording, Please Return To: Fulbright & Jawor•ski L.L.P. 300 Convent Sheet, Suite 2100 San Antonio, Texas 78205 Attn: Katherine A. Tapley STATE OF TEXAS § COUNTY OF BEXAR § THIRD AGREEMENT REGARDING SEWER FACILITIES This Third Agreement Regazding Sewer Facilities (this "Aereement"), is entered into to be effective as of the date of the final signature and acknowledgment by the Parties (as hereinafter defined) (the "Effective Date"), among the City of Schertz, Texas, a Texas municipal corporation (the "C~"), the Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas (the "District"), Croton Properties, LLC, a Texas limited liability company ("Croton"), and Fred Development, LLC, a Texas limited liability company ("Fred Develonment") (each a "Par ", and collectively, the "Parties"). Recitals WHEREAS, Croton and the District entered into an Agreement dated as of September 19, 2008 (the "Croton/District Aereement"), regarding the construction of certain sewer facilities (the "Sewer Facilities"). WHEREAS, in Section 1.4 of the Croton/District Agreement, the District granted to Croton, or Crroton's successor in title to the Croton Property (as hereinafter defined), a "right of first refusal" to acquire not more than 1,348 equivalent dwelling units ("EDUs") of capacity in the Sewer• Facilities (the "Croton Proaerty Right of First Refusal"), with such EDUs of capacity to be used only to serve the Croton Property, which is more fully described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Croton Property"). WHEREAS, pursuant to an Agreement Regarding Sewer Facilities between the City, the District, Croton, Fred Development, and Cygnet Limited, a Texas limited partnership ("Cvenet"), dated as of September 2011 and recorded October 6, 2011 as Document Number 201 1 01 78945 in the Official Public Records of Bexar County, Texas (the "Sewer Aereement"), the pazties to the Sewer Agreement agreed that to the extent that the description of the Croton Property in the Croton/District Agreement conflicts with the description of the Croton Property contained in the Sewer Agreement, the parties to the Sewer Agreement intended for the description of the Croton Property contained in the Sewer Agreement to control. WHEREAS, the description of the Croton Property contained in this Agreement matches the description of the Croton Property contained in the Sewer Agreement. WHEREAS, the City, by its acknowledgement of the Croton/Dishict Agreement, consented to the Croton Property Right of First Refusal 50535005.5 1 WHEREAS, the City and the Dishict entered into an Interlocal Agreement Between Schertz-Cibolo-Universal City Independent School District and the City of Schertz dated as of November 4, 2008, regarding the Sewer Facilities (the "Interlocal Agreement"). WHEREAS, the Croton/District Agreement stipulated that the District Property (as defined in the Interlocal Agreement) and the surrounding areas would be served by the Sewer Facilities with a total capacity of 1,728 EDUs, with the District requiring 380 EDUs to serve future school facilities within the service area of the Sewer Facilities. The Croton Property Right of First Refusal covers the remaining 1,348 EDUs of capacity in the Sewer Facilities. WHEREAS, Sections 3.5, 3.6, 3.7, and 3.8 of the Interlocal Agreement set forth the methods for calculating the cost to be paid by the third patty per EDU of capacity in the Sewer Facilities. WHEREAS, Section 3.9 of the Interlocal Agreement requires the City to make a Sewer Facility Reimbursement Payment to the District within thirty (30) days after receiving the Sewer Facilities Reimbursement Fee (the "SFR Fee") and the fifteen percent (15%) management fee (the "Management Fee"), both more fully described in the Interlocal Agreement, from a third patty. WHEREAS, the SFR Fee and the Management Fee are not in lieu of impact fees for wastewater hookup that are required to be paid at the time of hookup to the Sewer Facilities. WHEREAS, pursuant to the Sewer Agreement, Croton transferred a portion of the Croton Property Right of First Refusal with respect to 250 EDUs of capacity in the Sewer Facilities (the "Fred Develonment Pronertv Right of First Refusal"), from the Croton Property to property owned by Fred Development which property is more particularly described on Exhibit "B" attached hereto and incorporated herein for all purposes (the "Original Fred Develonment Pro er "). WHEREAS, the City and the District consented to the ttansfer of the Fred Development Property Right of First Refusal from the Croton Property to the Original Fred Development Property in the Sewer Agreement. WHEREAS, the City, the Dishict, Croton, Fred Development, and Gordon V. Hartman Enterprises, L.P., a Texas limited partnership ("Hartman Enternrises"), entered into that certain Second Agreement Regarding Sewer Facilities dated as of March 13, 2012 and recorded March 26, 2012 as Document Number 20120055028 in the Official Public Records of Bexar County, Texas (the "Second Sewer Agreement"). WHEREAS, pursuant to the Second Sewer Agreement, Fred Development transferred (the "Second Sewer Agreement Transfer #1") a portion of the Fred Development Property Right of First Refusal fiom the Original Fred Development Property to other property owned by Fred Development, which property is more particularly described on Exhibit "C" attached hereto and incorporated herein for all purposes (the "New Fred Develonment Pronerty"). sos3sooss 2 WHEREAS, pursuant to the Second Sewer Agreement, Croton transferred (the "Second Sewer Agreement Transfer #2") a portion of the remaining Croton Property Right of First Refusal to the New Fred Development Property. WHEREAS, the City and the District consented to the Second Sewer Agreement Transfer #1 and the Second Sewer Agreement Transfer #2 in the Second Sewer Agreement. WHEREAS, following the execution of the Second Sewer Agreement, the rights to the EDUs of capacity in the Sewer Facilities were broken out as follows: (1) a right to 380 EDUs of capacity in the Sewer Facilities was associated with the District Property; (2) a right of first refusal to 1,024 EDUs of capacity in the Sewer Facilities was associated with the Croton Property (the "Croton Property ROFR"); (3) a right of first refusal to 229 EDUs of capacity in the Sewer Facilities was associated with the Original Fred Development Property (the "Original Fred Development Prouertv ROFR"); and (4) a right of first refusal to 95 EDUs of capacity in the Sewer Facilities was associated with the New Fred Development Property (the "New Fred Development Property ROFR"). WHEREAS, as set forth in the Second Sewer Agreement, (1) the Croton Property ROFR runs with title to the Croton Property and shall not be transferable to any other property without the prior written consent of (a) the City, (b) the District, and (c) the owner(s) of record title to the Croton Property; (2) the Original Fred Development Property ROFR suns with title to the Original Fred Development Property and shall not be transferable to any other property without the prior written consent of (a) the City, (b) the District, and (c) the owner(s) of record title to the Original Fred Development Property; and (3) the New Fred Development Property ROFR runs with title to the New Fred Development Property and shall not be hansferable to any other property without the prior written consent of (a) the City, (b) the District, and (c) the owner(s) of record title to the New Fred Development Property. WHEREAS, when the Second Sewer Agreement was signed, Croton had entered into an agreement with Hartman Enterprises (the "Croton Property PSA") to sell to Hartman Enterprises a portion of the Croton Property. As a result, Hartman Enterprises signed the Second Sewer Agreement to consent to the terms of the Second Sewer Agreement. Since that time, Hartman Enterprises has assigned its interest in the Croton Property PSA to Fred Development, and therefore, Hartman Enterprises is not a necessary party to this Agreement. WHEREAS, in connection with the upcoming closing of the purchase and sale of a portion of the Croton Property under the Croton Property PSA, which portion of the Croton Property being sold is more particularly described on Exhibit "D" attached hereto and incorporated herein for all purposes (the "Croton Property Being Sold"), Croton and Fred Development would like to memorialize how much of the Croton Property ROFR conveys with the Croton Property Being Sold (the "Croton Property Being Sold ROFR") and how much of the Croton Property ROFR remains with the portion of the Croton Property that is not being sold, which portion of the Croton Property is more particularly described on Exhibit "E" attached hereto and incorporated herein for all purposes (the "Retained Croton Property"). sososoos.s 3 WHEREAS, since the Second Sewer Agreement was executed, it has come to the attention of the Parties that the total capacity of the Sewer Facilities is only 1,231 EDUs of capacity and not 1,728 EDUs of capacity. WHEREAS, the Parties desire to agree to clarify and amend certain terms related to the Sewer Facilities in accordance with the provisions of this Agreement. Agreement NOW, THEREFORE, in consideration of the foregoing, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows: Section 1.1. Reallocation of the Rights to the EDUs in the Sewer Facilities. Because the Sewer Facilities have a capacity 1,231 EDUs and not 1,728 EDUs, it is necessary for the Parties to reallocate the existing rights to the EDUs in the Sewer Facilities. The Parties agree that from and after the Effective Date of this Agreement, the allocation of the rights to the EDUs in the Sewer• Facilities shall be as follows: (a) There shall be a right to 200 EDUs of capacity in the Sewer Facilities associated with the District Property. (b) There shall be a right of first refusal to 95 EDUs of capacity in the Sewer Facilities associated with the New Fred Development Property. (c) There shall be a right of first refusal to 229 EDUs of capacity in the Sewer Facilities associated with the Original Fred Development Property. (d) There shall be a right of first refusal to 547 EDUs of capacity in the Sewer Facilities associated with the Croton Properly Being Sold. (e) There shall be a right of first refusal to 160 EDUs of capacity in the Sewer Facilities associated with the Retained Croton Property (the "Retained Croton Pronertv ROFR"). Section 1.2. Rights of First Refusal Continue to Run With the Land. The Parties agree that the rights of first refusal to the EDUs of capacity in the Sewer Facilities shall continue to run with the land and shall not be assignable without the pr•ior• written consent of the City, the District, and the owner(s) of record title to the respective property. Section 1.3. The SFR Fee and the Management Fee. From and after the Effective Date, the following shall govern the calculation and collection of the SFR Fees and the Management Fees. (a) The Parties acknowledge and agree that each time that one or more EDUs of capacity in the Sewer Facilities are conveyed by the City to a party other than the District, such third party shall pay to the City the SFR Fee and the Management Fee attributable to each EDU of capacity in the Sewer Facilities conveyed to that party at the time of platting. sosssoos.s 4 (b) With respect to the property described on Exhibit "F" attached hereto and incorporated herein for all purposes (the "Willow Grove Property"), for a total of 98 EDUs of capacity to be utilized by the Willow Grove Property, the SFR Fee shall be Nine Hundred Twenty-Two and 07/100 Dollars ($922.07) per EDU of capacity in the Sewer Facilities, and the Management Fee shall be One Hundred Thirty-Eight and 31/100 Dollars ($138.31) per EDU of capacity in the Sewer Facilities, for a total fee of One Thousand Sixty and 38/100 Dollars ($1,060.38) per EDU of capacity in the Sewer Facilities. (c) With respect to all other property covered by this Agreement, the SFR Fee shall be Thirteen Hundred Four and No/100 Dollars ($1,304.00) per EDU of capacity in the Sewer Facilities, and the Management Fee shall be One Hundred Ninety-Six and No/100 Dollars ($196.00) per EDU of capacity in the Sewer Facilities, for a total fee of Fifteen Hundred and No/100 Dollars ($1,500.00) per EDU of capacity in the Sewer Facilities. (d) Croton, on behalf of itself and all future owners of all or any part of the Croton Property, reaffirms, acknowledges, and agrees that for each EDU of capacity in the Sewer Facilities that is conveyed to benefit all or any portion of the Croton Property (including, without limitation, through the exercise of the Croton Property ROFR), the SFR Fee and the Management Fee attributable to that EDU of capacity shall be paid to the City at the time that the EDU of capacity is conveyed for• the benefit of the Croton Property. (e) Fred Development, on behalf of itself and all future owners of all or any part of the Croton Property Being Sold, reaffirms, acknowledges, and agrees that for each EDU of capacity in the Sewer Facilities that is conveyed to benefit all or any portion of the Croton Property Being Sold (including, without limitation, tluough the exercise of the Croton Property Being Sold ROFR), the SFR Fee and the Management Fee attributable to that EDU of capacity shall be paid to the City at the time that the EDU of capacity is conveyed for• the benefit of the Croton Property Being Sold. (f) Fred Development, on behalf of itself and all future owners of all or any part of the Original Fred Development Property, acknowledges and agrees that for each EDU of capacity in the Sewer Facilities that is conveyed to benefit all or any portion of the Original Fred Development Property (including, without limitation, tluough the exercise of the Original Fred Development Property ROFR), the SFR Fee and the Management Fee attributable to that EDU of capacity shall be paid to the City at the time that the EDU of capacity is conveyed for the benefit of the Original Fred Development Property. (g) Fred Development, on behalf of itself and all future owners of all or any part of the New Fred Development Property, acknowledges and agrees that for each EDU of capacity in the Sewer• Facilities that is conveyed to benefit all or• any portion of the New Fred Development Property (including, without limitation, through the exercise of either the New Fred Development Property ROFR), the SFR Fee and the Management Fee attributable to that EDU of capacity shall be paid to the City at the time that the EDU of capacity is conveyed for the benefit of the New Fred Development Property. (h) As used in this Section 1.3., "conveyance" of EDUs of capacity in the Sewer Facilities shall be deemed to occur upon recordation of a plat, and the above-described sos~soos.s 5 fees, which are to be paid upon conveyance, shall be due and payable to the City prior to recordation of the applicable plat. (i) The Parties acknowledge and agree that the SFR Fee and the Management Fee are not in lieu of wastewater impact fees. At the time of hookup to the Sewer Facilities, the applicable property owner, except the District, shall be required to pay any and all wastewater impact fees to the City. Section 1.4. Future Expansion of the Sewer Facilities. (a) Notwithstanding anything in the Croton/Dishict Agreement, the Interlocal Agreement, the Sewer Agreement, the Second Sewer Agreement, or this Agreement (collectively, the "Aereements") to the contrary, the Parties acknowledge and agree that the first Tlu•ee Hundred Thousand and No/100 Dollars ($300,000.00) (the "Maximum Fund Balance") of SFR Fees and Management Fees collected by the City fiom and after the Effective Date shall be placed in a fund for future expansion of the Sewer Facilities (the "Expansion Fund"), which Expansion Fund shall be held by the City until the earlier to occur of the following events (which event shall be called the "Expansion Fund Termination Event"): (i) such time when the capacity of the Sewer Facilities has been improved to the point that the total capacity of the Sewer Facilities is at least 1,548 EDUs of capacity (the "Target Capacitv"); (ii) such time when a new sewer treatment facility has been constructed and is available for use by the Parties eliminating the need for any future connection to the Sewer Facilities by the properties covered by this Agreement; or (iii) the date which is five (5) years after the Effective Date of this Agreement. (b) The Expansion Fund shall be utilized to improve the Sewer Facilities to expand the capacity of the Sewer Facilities until an Expansion Fund Termination Event occurs. (c) The owner of the Retained Croton Property shall have the obligation to expand, or• cause the expansion of, the Sewer Facilities to at least the Target Capacity. If the cost of expansion of the Sewer Facilities exceeds the amount of the Expansion Fmid, the additional cost shall be paid by the owner of the Retained Croton Property. This obligation shall run with title to the Retained Croton Property. The owner of the Retained Croton Property shall promptly commence such expansion when collectively the capacity of the rights of first refusal in the Sewer Facilities that have been exercised plus the 200 EDUs of capacity designated for• the Dishict total 1,200 (the "Expansion Commencement Date"). Such expansion shall be conducted in accordance with all applicable laws, rules, and regulations. Upon satisfactory completion of such work, the owner of the Retained Croton Property shall be reimbursed (within twenty (20) days of the City's approval of a written request fiom the owner of the Retained Croton Property for reimbursement, which approval shall not be unreasonably withheld) from the Expansion Fund for• its actual costs of the design, engineering, materials, and construction work associated with the expansion work up to the then available balance in the Expansion Fund. Any such written request for reimbursement shall include reasonable documentation justifying the amount being requested. The City and the District shall have the right to verify and approve such documentation, as well as to verify and approve the amount that the capacity has been expanded to as a result of the work performed, prior to the disbursement of funds from the Expansion Fund. If the owner of the Retained Croton Property fails to complete the expansion 50535005.5 work in accordance with the terms of this Agreement, the City shall have the right, but not the obligation, to complete, or cause the completion of, such expansion work utilizing the Expansion Fund, after giving the owner of the Retained Croton Property at least fifteen (15) days advance written notice of the City's intent to do so. (d) As the capacity of the Sewer Facilities is increased with the funds from the Expansion Fund, additional EDUs of capacity shall automatically be added to the Retained Croton Property ROFR until such point as there shall be a right of first refusal with respect to the Retained Croton Property in the total amount of 477 EDUs of capacity in the Sewer Facilities (the "Maximum Number"). All of such added right of first refusal shall be considered a part of the Retained Croton Property ROFR and shall be governed by the terms of the Croton/District Agreement, the Interlocal Agreement, the Sewer Agreement, and the Second Sewer Agreement, all as have been amended and modified by this Agreement. For the avoidance of doubt, when calculating whether the Maximum Number has been achieved, the number of EDUs associated with the New, Property ROFR (as hereinafter defined) shall be included in the calculation. (e) Subject to the obligation of the owner of the Retained Croton Property to expand, or cause the expansion of, the Sewer Facilities in accordance with Section 1.4.(c) of this Agreement, the owner of the Retained Croton Property shall be permitted to exercise the Retained Croton Property ROFR for up to the Maximum Number prior to the expansion work being completed. The foregoing shall in no way limit the obligation of the owner of the Retained Croton Property to expand, or cause the expansion of, the Sewer Facilities at the Expansion Commencement Date. Further, for• the avoidance of doubt, when calculating whether the Maximum Number of EDUs has been utilized, the number of EDUs associated with the New Properly ROFR shall be included in the calculation. (f) Notwithstanding anything herein to the contrary, if the Maximum Fund Balance exceeds the amount necessary to improve the Sewer Facilities to the point that the total capacity of the Sewer Facilities is the Target Capacity, the overage shall be disbursed eighty- seven percent (87%) to the District and the thirteen percent (13%) to the City. The owner of the Retained Croton Property, as a part of the expansion work described in Section 1.4.(c), may, but shall not be obligated to, improve, or cause the improvement of, the Sewer Facilities to a total capacity in excess of the Target Capacity at the owner of the Retained Croton Property's sole cost and expense. Any such additional capacity shall be added to the Retained Croton Property ROFR. If the owner of the Retained Croton Property does not provide written notice to the City of its intent to improve, or cause the improvement of, the Sewer Facilities to a total capacity in excess of the Target Capacity within thirty (30) days following the date when the Target Capacity has been achieved, the owner of the Retained Croton Property shall be deemed to have waived its right to improve, or cause the improvement of, the Sewer Facilities to a total capacity in excess of the Target Capacity. (g) Notwithstanding anything in the Agt~eements to the contrary, the City shall not be obligated to pay the District any SFR Fees other than (i) those remaining in the Expansion Fund following the Expansion Fund Termination Event and the completion and reimbursement of any expansion work performed under Sections 1.4.x) and (f~; and (ii) those collected by the City in excess of the Maximum Fund Balance. sosesooss 7 Section 1.5. Pre-Approval of Future Transfer of a Portion of the Retained Croton Propertv ROFR. (a) Notwithstanding anything in the Agreements to the contrary, the Parties agree that Croton shall have the right to transfer a portion of the Retained Croton Property ROFR to that certain property more particularly described on Exhibit "G" attached hereto and incorporated herein for all purposes (the "New Propertv") without obtaining additional approval from the City or the District. (b) If and when the owner of the Retained Croton Property assigns a portion of the Retained Croton Property ROFR to the New Property (such portion of the Retained Croton Property ROFR being assigned referred to as the "New Propertv ROFR"), such assignment (the "Assignment") shall be memorialized using the form of assignment set forth on Exhibit "H" attached hereto and incorporated herein for all purposes, and such Assignment shall not be effective or binding on the other Parties to this Agreement until such time as the Assignment has been recorded in the real property records of Bexar County, Texas and a copy of such recorded Assignment has been delivered to the City, the District, and Fred Development in accordance with the notice provisions set forth in Section 1.10. of this Agreement. (c) The Patties acknowledge that the New Property is outside of the original service area of the Sewer Facilities. The owner of the New Property shall be responsible for any and all costs and expenses required to connect the New Property to the Sewer Facilities and to make such improvements so that the New Property can be considered to be a part of the service area of the Sewer Facilities, including without limitation, the possible need to install an additional lift station to connect the facilities servicing the New Property to the Sewer Facilities. The owner of the New Property shall be permitted to exercise the New Property ROFR conditioned upon the owner of the New Property constructing such improvements and completing them, or bonding said improvements, in accordance with the City's rules, regulations, and ordinances in effect at the time that the New Property is platted. Section 1.6. Clarification Regarding Rights of First Refusal. This Agreement t•eferences various rights of first refusal to utilize the capacity in the Sewer Facilities. From and after the Effective Date, the Parties agree that no properties, other than the District Property, the New Fred Development Property, the Original Fred Development Property, the Croton Property Being Sold, the New Property, and the Retained Croton Property (each a "Covered Propertv", and collectively, the "Covered Properties") in the capacity amounts of their respective rights and rights of first refusal, shall be granted a right to utilize the capacity in the existing Sewer Facilities or the expanded Sewer Facilities if and when the Sewer Facilities are expanded to reach the Target Capacity, without the prior unanimous written consent of the then owners of those Covered Properties that at the time of the conveyance have not utilized all of the respective Covered Property's rights or rights of first refusal to capacity in the Sewer Facilities. In that regard, the rights of first refusal shall be considered as if they are rights to utilize the capacity (in accordance with all of the terms of the Agreements and all applicable laws, rules, and regulations) and less as if they are mere rights of first refusal. This Section 1.6. does not affect, and shall not be deemed to affect, the pre-approved Assignment to the New Property. sosssooss Section 1.7. Releases. EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THE AGREEMENTS OCCURRING AFTER THE EFFECTIVE DATE, EACH OF THE PARTIES, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY FULLY, FINALLY, AND FOREVER RELEASES AND DISCHARGES EACH OF THE OTHER PARTIES, TOGETHER WITH EACH OF THE OTHER PARTIES' RESPECTIVE AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES' RESPECTIVE COUNCILMEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "RELEASED PARTIES") FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEBTS, DEMANDS, LIABILITIES, OBLIGATIONS, AND SUITS, OF WHATEVER HIND OR NATURE, IN LAW OR EQUITY (INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS OF FRAUD, DURESS, CONTROL, MISTAKE, NEGLIGENCE, GROSS NEGLIGENCE, WRONGFUL CONDUCT, TORTIOUS INTERFERENCE, UNFAIR COMPETITION, AND RESTRAINT OF TRADE), THAT EACH OF THE RESPECTIVE PARTIES OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS HAS, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, ABSOLUTE, CONTINGENT OR SPECULATIVE, DIRECT OR INDIRECT, PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER, FORESEEN OR UNFORESEEN, AS A RESULT OF, ARISING UNDER, RELATED TO, ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THE AGREEMENTS, EXCEPT FOR THE OBLIGATIONS OF THE PARTIES UNDER THE AGREEMENTS OCCURRING AFTER THE EFFECTIVE DATE TO WHICH THIS SECTION 1.7 DOES NOT APPLY, INCLUDING WITHOUT LIMITATION, ANY ACT, OMISSION, COMMUNICATION, TRANSACTION, OCCURRENCE, REPRESENTATION, PROMISE, DAMAGE, BREACH OF CONTRACT, FRAUD, VIOLATION OF ANY STATUTE OR LAW, COMMISSION OF ANY TORT, OR ANY OTHER MATTER WHATSOEVER OR THING DONE, OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO. IT IS THE INTENTION OF EACH OF THE RESPECTIVE PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE. EACH OF THE RESPECTIVE PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN. THIS SECTION 1.7. SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Section 1.8. Implied Waiver. The failure of a Party hereto to insist, in any one or more instances, upon performance of any of the teams, covenants, or conditions of this Agreement shall not be consh•ued as a waiver or relinquishment of the future performance of any such team, covenant, or condition by the other Parties hereto, but the obligation of such other Parties with respect to such future performance shall continue in full force and effect. Section 1.9. Recitals and Exhibits. The recitals and exhibits are incorporated herein fully as matters of contract and not mere recitals and exhibits. sos3sooss 9 Section 1.10. Notices. Any notices contemplated under this Agreement shall be deemed effectively given (i) when personally delivered or (ii) five (5) business days after being correctly deposited in the United States mail and mailed certified mail, return receipt requested, to the noticed Party at its address set forth below: If to the City: City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 Attn: John C. Kessel, City Manager with a copy to: Fulbright & Jaworski L.L.P. 300 Convent Street, Suite 2100 San Antonio, Texas 78205 Attn: Katherine A. Tapley If to the District: Schertz-Cibolo-Universal City Independent School District 1060 Elbel Road Schertz, Texas 78154-209 Attn: Superintendent of Schools with a copy to: Walsh, Anderson, Brown, Gallegos & Green, P.C. 100 N.E. Loop 410, Suite 900 San Antonio, Texas 78216 Attn: George E. Grimes, Jr. If to Croton: Croton Properties, LLC 23003 Fossil Peak San Antonio, Texas 78261 Attn: Todd Burek with a copy to: Earl & Associates, P.C. 15303 Huebner, Bldg. #15 San Antonio, Texas 78248 Attn: David Earl If to Fred Development: Fred Development, LLC 1202 W. Bitters, Bldg. 1, Suite 1200 San Antonio, Texas 78216 Attn: Gordon V. Hartman with a copy to: Law Office of Ronald W. Hagauer 1602 N. Loop 1604 West, Suite LL102 San Antonio, Texas 78248 Attn: Ronald W. Hagauer Any Party may change its address for notice to any other address within the United States by providing the other Parties with at least ten (10) business days prior written notice of such change in the manner set forth herein for notices. 50535005.5 1 Q Section 1.11. Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section, or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid, unconstitutional, illegal, or unenforceable for any reason, the remainder of this Agreement and the application of such word, please, clause, sentence, paragraph, section, or other part of this Agreement to the other persons or circumstances shall not be affected thereby, and it is also the intention of the Parties that, in lieu of each provision that is found to be invalid, unconstitutional, illegal, or unenforceable, to the extent legally permissible a provision be added to this Agreement which is valid, constitutional, legal, and enforceable, which is as similar in terms as possible to the provision being replaced, and which does not deprive the Parties of the benefit of the bargain described in the original form of this Agreement. Section 1.12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. There have been and are no agreements, covenants, representations, or warranties between the Parties as to the subject matter hereof other than those expressly stated or provided for herein. Section 1.13. Headines. The headings in this Agreement are for convenience only and shall not be construed to expand, limit, or otherwise modify the terms of the Agreement. Section 1.14. Governing Law and Venue. This Agreement is governed by the laws of the State of Texas, and the Parties agree that venue shall be in the courts of Bexar County, Texas. Section 1.15. Further Assurances. Each Party agrees that it will take such actions and execute such documents as reasonably necessary to fully carry out the propose and intent of this Agreement. Section 1.16. Counterparts. This Agreement may be executed in multiple counterparts but will be considered as a single instrument when it has been finally executed by all of the Parties. Section 1.17. List of Exhibits. Exhibit "A" Legal Description of the Croton Property Exhibit "B" Legal Description of the Original Fred Development Property Exhibit "C" Legal Description of the New Fred Development Property Exhibit "D" Legal Description of the Croton Property Being Sold Exhibit "E" Legal Description of the Retained Croton Property Exhibit "F" Legal Description of the Willow Grove Property Exhibit "G" Legal Description of the New Property Exhibit "H" Form of Assignment sos3soos.s 11 [Signptures and Acknowledgments on the following pages. ] 50535005.5 L 2 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Third Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas municipal corporation By: C. Ke 1, City Manager STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the0'(V'~d~ay o~i~~, 2012, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Tex mumcipa corporation, on behalf of the City. [SEAL] »»»»»»»»»»»» a»»»»»» ~, o, ~, p, ~ a ~, °"' SAFiAFt E. Q®N'AI_t=~ ~ ~ ~® * * NoPUry P45:~r, y EYai~ of "iit<;-~s y g ~4a~ C.ORIRI. x.'10-:.Y-2092 y `V.a~cfCesesc~c~GY.~G~L'G L~L~L~G'yY.Y.Y~Y~~ffiYr`,4~ Printed Name of Notary: . My Commission Expires: S-1 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Third Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. SCHERTZ-CIBOLO-UNIVERSAL CITY INDEPENDENT SCHOOL DISTRICT, apolitical subdivision of the State of Texas BY: Greg Gibson, Ed.D., Superintendent of Schools STATE OF TEXAS COUNTY OF GUADALUPE This instrument was acknowledged before me on the ~O~d y of ~}-erv~~er, 2012, by Greg Gibson, Ed.D., the Superintendent of Schools of Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas, on behalf of the Independent School District. ~,pvvp ,~ ~ DEIDRA L ETRHEIM ®~ NOTARY PUBLIC ' STATE OF TEAS ., `'+~a„E*~~ comm.Exp,o~to-2ots Notary Public in and for the State of Texas Printed Name of Notary: ~ t ~ dro, l.- ~-~- r-1.-e I m My Commission Expires: ~~ ~ 0-13 S-2 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Third Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. CROTON PROPERTIES, LLC, a Texas limited liability company STATE OF TEXAS COUNTY OF BEXAR By:'s~~( Todd Burek, its Managing Member This instrument was acknowledged before me on they day of,wy~r.~/~-.- , 2012, by Todd Burek, the Managing Member of Croton Properties, LLC, a Texas limited liability company, on behalf of said limited liability company. [ SE eeooseee o~n J. JACOBS Notary Public State of Texas 'hEff~"" My Camm. Exp. 07-242014 Nota Public ' and fote o Printed Name of Notary: , T J c~ ~~ ~ s My Commission Expires: ~- a'/ - ao S-3 SIGNATURE PAGE TO THIRD AGREEMENT REGARDING SEWER FACILITIES IN WITNESS WHEREOF, the undersigned has entered into this Third Agreement Regarding Sewer Facilities as of the date of the acknowledgement to be effective as of the Effective Date. FRED DEVELOPMENT, LLC, a Texas limited liability company By: STATE OF TEXAS COUNTY OF Q~XGIf This instrument was acknowledged before me on the 17 day of ~ fei1n , 2012, by Gordon V. Hartman, President of Fred Development, LLC, a Texas limited liability company, on behalf of said limited liability company. [SEAL] `~~~~~~u~uum~a~~ t' r? aY Pu!Ho'~%~ 1p B••., ~ ~ Notary Public i id for the State of T xas Z ~~~•'•;~, ~ Printed Name Notary: ,~~ ., = My Commission Expires: P S-4 L;xhibit "A" Leal Description of the Croton Property Tract One• Apri15, 2007 BE1N4 139,903 a~xag oP.lsnti, t>ll+se p~43p, baiAtg compiiseil of $pl-.~x~i~tG1y 78.6?A aerps put of Ehe M31es ~. klErtttatC RfttyVby NQ. 75,1lbstraet Cll, Gooney 131o41t ~p~~; Appioxlma3cly $8.929 acres ovtoft},e:Julfan ~riaz dharveyNp. bfi, Akstraet 187, Catnty ~ktek:5pS0; and aPproximataiy 6.2$h sates Our of tlia `4'Ji1lAUt Etaokcu Survey IdtY. 74, Abstract ~, County R1dcR 5056, Saxar County, Taxae end arse being approxltnttfcly Z9,49G acres out of a 112,G l acre tract described in volume 3013, pahe 3~10:atttipl{paoxif~ttjty IIO,d97.acres opt.af a L1;3 ~~a~e traCt:de$crlbed in YolWnt? 3013,<lsaga~42 ofthe~t~l;ltaaords afk~exar Conrtry, 'feXaa and.beirtg moreptrricufazly desorlhed as follows: 13GL11NNlNt;"x atatt'srflnP'apt found-ln the exigtiug.ttarthivest i2,0:3N. t[NS ot'1'rnWAr ~guln Road For the most easterly coruar of'thi§ tract and the mast sasterly ttirnNi of the• about, iefdreacad i35;S3 svretract, said pci>x[alsab'outgucc.»iosasnµUUr~i sarnar afa13~,06 acre traee~dclerlbed in Yolutne 7428; i'agc G2l of tlttr Reef Proparsy lccords of ~exisr~Counry, Tmtas; T11;6NGE, S 60°03' 37 "W, 571-b8 fsei slang said nonhwest.R.O. W, Ilne to an iron rod found for an angle point of tilY6 tract; Tl-t)rNC~, N ~°31'33" 'x;1682.78-leer aCang Ihc:e>~t3tig tiot~ttt R:~.W: liati of Lower Saguip Road to An iron`rod'fottnd Tor a aoradr di UtYs tratlt; '1'H1i?'1CE, N 13.21'SA~" ~V, 337.83 3cetatong ttte eomumbn lilts wlt6 A 1,227 acre tract desaribW !n VplurnP 97R$, Pegs 1833 of Uttidicdl •1'rgpCify ltacortt+ of Baxar:Cqu~tty, `k"etus Co An Iron rod found for a corner'pt~ th[s trACE bird Ilia b tivrtheaatt:ily corttcr of sbid 1.22.7 acre it`act; 'l'HENGI?. S 74°48'26" W. 173,64 feat along thaaommga line with said 1.2Q7 Acre tractl;o a 1?-K Waif found in a post fora corner of ttlis tract and the mast notihwestEriy corner of said1.227 acre lraGCi THENCE, N ~9°51'53` w, 7U4,Z(l ~faist along the ca~mon tine with an 11.30D acre oast, surveyed the 1'4'" iiay of Elugua~:200&to enirort=rod fauttt[:Inthe.aomrq~ort:llne with a8~:8'74 acre tract desCtiped In Vaiume 1?;63$:1ra~e ib3 of ~aakk'~bp~zty Ra~;irda af;l'fe%at.Caunfy. Texas; Tl{BNC>r, I~ S6°SS?`22° £.7A8,32.~at along the_corprnonliae wis4 said 35..874 Ord fraoi to an iron rod t'outsd #an a comer ai this fr$ct and t}ii; rtt9st ctistcrly cnr~t u!`•aald 35,874 acre tract; THENCE, N 30°Dl'OQ' W, 1618.93 feet along the cotnrnPa.line with Said 35.674 acre tractto an ;ran rod Pound to tlta. common late with a 29,480 acre tract destsribad in'Volltrrte 5206. Page 582 of the Raxt Eropai'ty 1Etcords a# ilexar County, Texas'for the. must wZsreriy corner of this tract and tlia. moat norWazky carn~r of said 85.874 acre trt3at; THENCE, IV 60°22'36'E, 134Q.9D Seel along Este aArnnton_line wltB sat,322,950 acre trat:taand. a 15.755 atrc tract tlFSO~[brrd;a'Valutita 8Gt)4,1?aga t76:aftltc Real Property Records afl~cxar County, Texas to an Iron rod 1'ouad for #irorriCr oGthls uat:C; S-5 Page 2 (139.903 acrtaj THF"7dtr8, 9 7.33`05' $. 32Q.06 feeti~langitic corrurttoull~e ~Ylth & t4,48 esra trao4 desprlbed ia~ Votumc b622, Pa$a 358 af'1~ Meal Propzrcy Rcrords.tSP B'exat ~:ounnccyy Twcas to an iron tad Pound for an intatiar caxncr of #hia tract aitd Otc most 5cutha~iy cotncr df eaid 14.48 acre tract TFIZ~?JC1. N SO°?~"55" ~. d4S.00 feet along the spnunon tins with acid td:*i8 acre tract to rrn iron pipe fapa~d dot tha moat nc+rtl3e:rty coeiter oP th#s trace and the xefopt tfarttierly earner of saEd ]13.63 acrd tract; 7'ttl?J`#CE, S 30'18' S6" E, l387~50 .feet dlong 1h6 earainwrrFeacaiitle with aged 735.tt& acre tract m an iron rod found itasc for an ang#e point of this elect; THl~19'CE. S 2g°52'Sb" E, 1$03..7~t feet continuing along tfie vommpn fngax t#na wfHt aald 135.06 acre tract to tho PUJt~'l' dP l3$fFIN2~1kN4 Brut cnat¢iuing' 139.41?3 acres oP land, morn or Icsa. Note: plat also p~eparad dt -,day. .~ a J .$#1 ,$" egistued rirofessia 7,erid$'f~voyor No. 2U34 FNOx,157.A2 S-6 Tract Two: ~i+D 3~I~"t"~ t?agea 3 (40.067 sages} Nlarch2,2t~'7 AElfi1.Ci 4(1.067 arses is#'latitt" tooth or lass,, out~£ tiko Iv~tles S. Setrtte(t tatirvety~Na. 75, AiSstxaet 43, Ccnnty BlockS(}57; ~axar Couttty, Toxaa and xlaobeiu,$ cornpristsd ofateiAnstely 39,b47 acres cut of a l12.6i 6cre trace dasa'lbedin Vnlumo 3D13; page 340;.8ex~ +Catutty, Texas and appxnxiitaately tL~iO.aore*:ireing partof TtaWer Hale lboad (Abandatted}.as re'ibxettced in Yoltuue 822I, huge 852, of t$a Dead ltecordc of Hexer Cortaty, Texas and being more gartieuiarly described as foltowa: BACTI~)+f[N~ at an Eton iod fdttnrtat thiF iptorseetlop-of the tRistinlE ugttbvvest R.O.W.. line of i.,owt:r 5aguin 1i2oaddradtlre centerlime aP~'rainer. 33a1e Road {rl,hartdaned) for themast§aixth5rly comer ot<th;s tract, ~atd.ltuJnt (~eiaag:3 6t)~p2'2'~* W, x.44 fret fmttt tlic moat southerly corner of the above zofetotxal 1121(1 sofa tract; TEF:&iVCi3, N 90°01'(i0" 'W, 783,' feet along said centerline W an from tad found at the intersection with the eadsthtg northeast TL.t). W, line of•l+, M. Highway 1518 for the beglnniiog of a curve to the left; TIik3NG$, iu anorthweatetly directCon,along,aaidaQatittcasi it.O.Vr'. ling of F. hf, Highway IS18 with a ctttve Daviug a" cealFai 9ngle af4i1°35.'55". a:nulius of 29113rDD`fex;i, a tangsutdistance of 249.91 feet, an arc leEtgtTt of 485.513 felt and a t:Lord bearing, and distauce of N 25 ° 13'02' W, •i86.11 BEd to a broken eosxcreta i2.U; W. marker found-far the end of thl~ crave; THENCE, N 3i1°41'0(x" ~1f. (Fret, I3rg.) 759.84.R(- feet ai~ng said n~theast R,C7:W. line to aft Iron tad fttttnd iti same for tFia begiaalzig of a curve to,it~a right; T11E1!iCl;, along tltc cootniioa 11no vritli a $5.874 acre [tact tlesntibCdlrt Voltustc 32438, Page I63 of ttte Real Property ltaCords, iiexat County, Texas in a uartlicasterxy dlrocctiion 8ioag said cuivd having a centtni angel of.90°21'A7", a radius of 25.f1U feat, a tangent distance nf`25.16 feet, an are length of 34:43 feat, acid a chord ixariag and dieta~ce of N :i S 0U9'53 "T, 35.A7 feet to nn iron tad [bond in sartte for tLz t+iu1 of flits curve; 'THENCE, N bQ°20`47" >r, 9$0.24 feet, slung thm cammon.lioa •w1~tL. said. 35.87! sett tract and being b0.00 leaf from uud parallel to the naral~west fate oP said 112.61 acre tract to nn icon xad found far cite bcgianing of'a curve to t]te light; THENCE, along the cocoa !'tae witia said 35.874 acre traot, ins 5qutiieasix:rIy direction alogg said cttrvo Laving a cenuril angle ot`99°38' 1,3', a radius of 25.00 feet, a tangent distance of 24.84 feet,. art axe lengtia of 39. kl fast, and a chord bearing axjd distcwce aF S'7A°SQ'tiG" fi, 35.24 feet to an iron rod found 4or rate end of tLls curve; THENG'E, 330°Ul'00"~ 1589.81 feet elan}; the common line w(tL saki 95.87+}--acne tract to an ironrod fannd for the most southerly gamer of` s8id 95.874 acre tract and thetttast westerly t:att~r of an T1..S00.accatractdesotib,din Voturrte 12658, raga 163 afthc Real Prop4rcy Recax4s> laexar County, Texay: S-7 >'~49 4 '~A0.087 aos°tsy 'i'FiE;•IC13, S 39°18'1!8" ~, 511.55 feet dung tho aomman liuc wttt- said 1!.500 acrd tract to an irnn rod fgorsd tU the existing north Ct.O.W. line (3fLoWtr Seg113n Read for lfic most easterly cUTAUY Ut this trddl aAA ti3C atfl3t gpythcrly CQtaCY Of Sdtd ~ 1,SA0 1Cr6't1"Mt; Tki~NCll, N 85'31 `23"' W, 134.17 feet along -hc~axtb R..f3.W.liuc to att iron rod found fpran angle point of th4s tract and the earru>Znn cnrner nt aa9d 112.61 arse traet a3~d said 115.63 acre tract; '! liSitJ~1;, B 64°U~.'27" W; 7~3.4$1'eet 8long the nttrihwest it.O.W. line o€1:ower Segttlrl Road to the 'pOII`iT OT'r°BF.+GIi-T~It+iEi and eontain9rig 4D.06T acres of land, morn or less. dote: Plat !Surveyor No. S-8 Exhibit `B" Legal Descriution of the Original Fred Development Property ft. J SURVEYIAC MELD NpTES FOR A 67.77 acrc tract of land, being all of that 67.74 acre tract of land, situated in the Cily of Schertz out of the J. Leal Sun~ey No, 79, Abstract 424, County Block SOS8, Dexar Cowny,'fexas, as conveyed to Mustollg Pitty-One, LTD. of record in Volune 12172 Page 428 and Volume 146x2 Page 1799, Official Public Records of Bexar Connty Texas. BECINNLNG at a found 1/2" iron rod capped "DYE 8NT" in the southwest right-of--way line of PM 1 x18, a variable width right-of--way, for the southeast corner of the remaining trncl of a 100.94 acre tract of land of record in Volume 764s Page 318, Official Public Records of Bexar County, Texas mtd the most easterly northeast corner ofthe 67.74 acre tract and the tlnct described herein; THENCE: Along and with the southwest right-of--way line of FNI ]s] 8 and the east line of a 67.74 acre trael and the hact described herein, the following calls and distwtces: I) S 30°16'41" P;, a distance of 324.33 feet to a found Texas Department of Transportation (TXDOT) Brass Disc hfonumenl at a point of cun~alnre; 2) with a curve to the lest, having a radius of 5770.00 feet, an arc of 234.08 feet, a delta of 02°19'28'', tmd a chord bears S 31 °05'x7" E, a distance of 234.06 feet, to a fotmd TXDO"f Brass Disc Monument at n point of tangency; 3) S 32°27'01" E, a distance of 292.60 feet to a found TXDOT Brass Disc Movumem at a point of curvature, and 4) with a curve to the right, n radius of 5690.00 Feet, having an arc of 109.74 feet , a delta of Ol°06' 18", and a chord bears S 30°x0'22" E, a distance of 109.74 feet, to a se[ 1!2" iron trod with Blue Plastic Cap Stamped "ICFW Surveying" for the northeast corner of a 2x.62 acre tract, called Tract 1, conveyed to Corned J. Hillerl of record in Volume 6105 Page x06, Official Pnblic Records of Bexar County, Texas and for the southeast comer of the 67.74 acre tract and the tract described herein; THENCE: along and with tho north line of a 25.62 acrc tract and the sou01 line of n 67.74 acre Tract and the tract described herein, the following calls and disttmces; 1) S 59°38' 1G" W, a distance of 1547.97 feet to a set 1/2"iron rod with Blue Plastic Cap Stamped "ICP W Stuveying" For an angle point, and 2) S 60°02' 18" R+, a distance of 751.00 feet to a found 1/2" iron and for the norihwesl comer of the 2x.62 acre Tract altd the northeast corner of Tract 15 mtd Tract 14 of Windy Acre Subdivision of record in Volume 6800 Pagc 47, 7400 Blanco, Suite 26t San Antonio, Texas 78278 . Phone: (210) 979-8444 . Fax: {210) 979-0499. wwvw.kfwengineers.com sos3soos.s Exhibit "B", Page 1 Deed and Plat Records of Bexar County, Texas, the southeast comer ok a 63.58 acre tract of land conveyed to'fimothy P. and Alison G. Adams of record in Volume 6442 Page 1971, Official Public Records of Bexar County, Texas and for the southwest cower of the 67.74 acre tract and the Tract described herein; THENCE: N 30°24'31" W, along and with the east line of a 63.58 acre tract and the west line of a G7.74 acre tract and the tract descrihed herein, a distance of 1861.59 feet to a found nail in the southeast right-of--way line of West Shaefer Road and for the northeast corner of the 63.58 acre tract and the nm•tlnvest comer of the 67.74 acre tract and the tract described herein; THENCE: N 59°4724" E, along and with the southeast right-of--way line of West Shaefer Road, a distance of 832.26 feet to a fowrd 1/2" iron rod capped "DYE EN1"' for the northwest corner of the remaining tract of a 100,94 acre tract and the most northerly northeast comer of the G7.74 acre tract and the tract described herein; THENCE: S 30° 16'52" E, departing the southeast right-of--way line of West Shaefer Road, along and with the northeast line of a 67.74 acre tract, a distance of 900.04 feet to a found I/2" iron rod capped "DYE ENT" for tite southwest corner of the remaining h~acl of a 100.94 acre tract and an interior corner of the tract described herein; THENCE: N 59°4754" E, along and with a northwest line of the 67.74 acre tract and a southeast line of the remaining L~act of a 100.94 acre tract, a distance of 1455.17 feet to the POINT OF BEGINNING and containing 67.77 acres (2,952,159 squ:ue feet more or less). Said n~act being described in accordance with a survey prepared n„ u~sr~ Surveying. Job No.: 10-138 Frepared by: KFw Surveying Date: December 13, 2010 File: S:1Draw 2010110.138 FM 1518 Shertz G7 ac1DOCStFN-67.77 sos3soos.s Exhibit "B", Page 2 Exhibit "C" Legal Description of the New Fred Development Property FIELD NOTES suna's1•rxct I~ C1R A .i0.G6 acre tract of land, being a renanining parliou of n ID0.94 acrd h.:C1 al' land, situated in the City of Sehertz cart of the J. heal Snn~ey No. 79, Abstract 424, Cauuty Blocl: 5058, Bexar County, Texas, as convoyed to F.anfia C. VJicdetstr;iu of n:cnrd in Volmaae 7f 45 Page 318, Olticinl Public Rccnrds of 1laxar Cuuany Texas mtd being more paalicatiariy described by metes and bounds as folluv,s: BEGI\i~ii\C ai a fmantl 112" iron rod a'appcrl `°pY6 F.nT" in fire soothwcst right•of~tv:ay Sine of Ft~9 1518, a cariatale tv7dda right-nl'-tray, frtt the southeast corner of tho rt:tnainder 100.98 aore tract attd the anost easterly narthcrst eorracr of the G7.77 acre tract of record in Vnlunac 14874 hn~~c 1915, [)tlicial 1'ahlic Records of Boxar Comity, Texas mtd 9ha For the soudacast corner of the tract described herein; '1'IIE:NC7:: S ?9"47'S~P' 14r, along nod with n northwest line of lire 67,77 acre: tract and a southeast line of the remainder 100.94 acre tract, a distance oP 1355.17 feel ut a found 112" iron rod capped "I)1'E EN"f" for the interior Coaaicr of the remainder 100.94 acre trncl mid Ilae snulhw.st earner offhe tracf described hereto; THT,\C'F.: N 3d)° 1 fi'S?" 51r, along and with a northeast line ofa G7.77 acre Iraq, a distance of900.04 t~et to a found lf?"iron rod capped "I}1'E ENT" on line southeast right-n><t~ay tine of Wee Shaefer Roa1, for the aanrthcvesi corner of the remainder 100.94 acre tract and due 0•act described herein; TI[Et1`CE: N 59"47'47" 71, along and with flue southeast ril;h0•of way liar; of Wr st Shnefcr Rnnd, the north liaae of tits 100.94 acre Tract, a distance of 14Gb.8( feet to a found Texas I7eparlment of Ti;~nspnainiima (T}; 17QT) Rrasx Ulu Moraamcnt a! the cutback of 1'VCSt Slaacfer Rnad tvilh Fhi 1518 and I'or the northcJast corner of the at.tnainder 140,94 nrrC true! road lire tract described IaerCin, '1'1Tl~.NCI.: S 75°09'26" E, nlnng anti x•ith the right-of-tvny line and the cutback, a distnaree af70.70 feet to n set .4" iron rod n'iah blue plastic cap slaaupcd "t[N11+ Surveying° on the southwest right-of~way line of FtVi 1 S 18 and die cast line of the remainder 100.94 acre pact; 'I'HENC'li: S 3U°70'30" I, nlottg and with the soutlnvest right-nf--way line of FYl 1518 grad the cast lint ol'!hc rcanairxler 160.98 acre tract, a distance of 850AG licl to the PQIl~T t?F BE{;Il\NIl\C and cnuiainin^ 30Afi nct>:s tract or 1,309,418 sya:are leer more or less anti bchag described in a~c~rd:mre tt211r a surt•ct~ prepared r> 1:P~V Sul~~eying. Job .\5~ : 10-l:aR Frc;+^r:d by: KFw Surveying 1Da;fc: kptcmt+c~ 2R. 2fil l Faaa; - S:tOratt 2+alo.tQ-t3R F\I 151 ti Shatz (7 R51J7t1CS1RA'-30.eG ac.rloe (:+ f' ~ 1; 1. I 'S 1 I } 1 '~ ~'S it sosssoos.s Exhibit "C", Page 1 Exhibit "D" Leeal Description of the Croton Property Being Sold PROPERTY DESCRIPTtON OF 137.51 ACRES OF LAND PARTIALLY 1N THE CITY OF SCHERTZ, BEXAR COUNTY, TEXAS OUT OF THE MILES 5. BENNETT SURVEY N0. 75, ABSTRACT NO, 61, COUNTY BLOCK 5057, THE JULIAN DIAZ SURVEY N0. 66, ABSTRACT N0. 187, COUNTY BLOCK 5059 AND THE WILLIAM BRACKEN SURVEY N0. 74, ABSTRACT NO. 43, COUNTY BLOCK 5056, BEXAR COUNTY, TEXAS AND ALSO BEING OUT OF A 139,903 ACRE TRACF DESIGNATED AS TRACT' I DESCRIBED BY DEED RECORDED IN VOLUME 13566, PAGE 1939 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; SAID 137.51 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING; AT A FOUND 1"IRON P]PE ON THE NORTHWEST RIGHT OF WAY LINE OF LOWER SEGUIN ROAD BEING THE EAST CORNER OF SAID 139,903 ACRE TRACT AND ALSO BEING THE SOUTHWEST CORNER OF A 135.06 ACRE TRACF DESCRIBED BY DEED RECORDED IN VOLUME 7923, PAGES 621-624 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; THENCE: ALONG THE NORTHWEST AND NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD, THE FOLLOWING: S. 59° q9' qi" W., 571.30 FEET TO A FOUND ~/z° IRON PIN WITH YELLOW CAP STAMPED "BLS 2024"; N. 85° 44' 03" W., 1682.81 FEET TO AFOUND %a"IRON PIN WLTH YELLOW CAP STAMPED "BLS 2024" BEING THE SOUTHEAST CORNER OF A 1,227 ACRE TRACT OF LAND DESCRIBED BY DEEb RECORDED IN VOLUME 13673, PAGE 2232, OP THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PiN ALSO BEING THE SOUTHWEST CORNER OF SAID 139.903 ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE: LEAVING THE NORTHERLY ftiGHT OF WAY LINE OF LOWER SEGUIN ROAD ALONG THE WESTERLY BOUNDARY OF THE HEREIN DESCRIBED TACT, THE FOLLOWING: N, 13° 37' 14° W., 33763 FEETALONG THE EAST BOUNbARY OF SAID 1,227 ACRE TRACT TO AFOUND'/z" IRON PIN WITH YELLOW CAP STAMPED "BLS 2024" BEING THE NORTHEAST CORNER OF SAID 1.227 ACRE TRACT; S. 70° 90' 25" W„ 172,46 FEET ALONG THE NORTH BOUNbARY OF SAID 1,227 ACRE TRACTTO A FOUND MAG NAIL ON TOP OF A 7"CREOSOTE FENCE POST BEING THE NORTHWEST CORNER OF SAID 1.227 ACRE TRACT; N. 30° 04' 49" W., 703.08 FEET, ALONG THE EAST BOUNDARY OF AN 11,5 ACRE TRACT OF LAND CONVEYED TO ALTON AND E[LEEN SCHNEIDER BY DEED RECORDED IN VOLUME 3013, PAGE 340, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, TO A FOUND Vz" IRON P!N WITH YELLOW CAP STAMPER "BLS 2024" ON THE SOUTH BOUNDARY OF LOT 1, BLOCK 1 AS DESCRIBED BY SUBDIVISION PLAT OF RAY D. CORBETT JUNIOR HIGH SUBDIVISION RECORDED IN VOLUME 9600, PAGES 159-161, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; N. 56° 39' S7" E„ 248.45 FEET ALONG THE SOUTH BOUNDARY OF SAID LOT 1, BLOCK I, TO A FOUND'/z° IRON PIN WITH REO CAP STAMPED ^CEC" BEING THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 1; N. 30° 14' 12" W., 1551,95 FEET ALONG THE EAST BOUNDARY OF SAID LOT 1, BLOCK 1, TO A FOUND %z"IRON PIN WITH RED CAP STAMPED "CEC' BEING A POINT OF CURVATURE OT- ANON-TANGENT CURVE FOR THE SOUTHEAST RIGHT OF WAY TERMINUS OF RAY CORBETi DRIVE AS SHOWN ON SAID SUBDIVSION PLAT OF RAY D. CORBETTJUNIOR HIGH SUBDIVISION AND ALSO BEING THE SOUTHWEST CORNER OF A 2.028 ACRE TRACT OF LAND DESIGNATED AS TRACT I DESCRIBED BY DEED RECORDED IN VOLUME 14343, PAGE 1959 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBEp TRACT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID 2..028 ACRE TRACT' AND THE NORTHERLY BOUNDARY OFTHE HEREIN DESCRTBEDTRACi, THE FOLLOWING: 13.34 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 01° q6' 37" AND A CHORD BEARING AND pISTANCE OF N 59° 50' 31" E.. 13.33 FEET TO sos3soos.s Exhibit "D", Page 1 FOUND i/i' IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF NON-TANGENCY; N, 58° 20' 13" E., 172,15 FEET TO A FOUND Yz"IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF CURVATURE OF ANON-TANGENT CURVE; 18.25 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE SDUTH, HAVING A RADIUS OF 370,00 FEET, A CENTRAL ANGLE OF 02° 49' 37" AND A CHORD BEARING AND DISTANCE OF N. 58° 55'44" E„ 18.25 FEET TO FOUND ~/i' IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF TANGENCY; N. 60° 20' 32" E„ 227,36 FEET TO A FOUND i/z" IRON PIN WITH RED CAP STAMPED "CEC"; N. 60° 17' ii" E., 658.27 FEET' TO A FOUND ~/i' IRON PIN WITH RED CAP STAMPED "CEC' BEING A POINT OF CURVATURE; 268.16 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 370.00 FEET, A CENTRAL ANGLE OF 41° 31' 30" AND A CHORD BEARING AND DISTANCE OF N, 81° 02' SG" E., 267..33 FEET TO FOUND ~'h" IRON PIN WLTH RED CAP STAMPED "CEC' ON THE WEST BOUNDARY OF A 0.708 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 14343, PAGE 1960 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PIN BEING THE SOUTHEAST CORNER OF SAID 2.028 ACRE TRACT; THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THE WEST AND SOUTH BOUNDARY OF SAID 0,708 ACRE TRACT, THE FOLLOWING: S. 29° 55' 25" E., iG3.58 FEET TO A FOUND ~'/z" IRON PIN WITH YELLOW CAP STAMPEp "BLS 2024" BEING THE SOUTH CORNER OF SAID 0.700 fiCRE TRACT; N. 50° I5' 43" E., 182.14 FEET TO A FOUND ~/i' IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF CURVATURE OF ANON-TANGENT CURVE BEING THE WEST CORNER OF A 0,289 ACRE TRACT OF LAND DESIGNATEb AS TRACT 2 DESCRIBED BY DEED RECORDED IN VOLUME 14343, PAGE 1954, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THE SOUTH BOUNDARY OF SAID 0.289 ACRE TRACT, THE FOLLOWING: 232,79 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 31° 01' p4" ANA A CHORD BEARING AND DISTANCE OF N. b7° 41' S1" E., 229.95 FEET TO FOUND ~/z'"IRON PIN WCTH RED CAP STAMPED "CEC" BEING A POINT OF TANGENCY; N, 52° 11' 19" E„ 31.57 FEET TO A FOUND ~/z"IRON PiN WfTH RED CAP STAMPED "CEC" ON THE WEST BOUNDARY OF A 25.01 ACRE TRACT OF LAND DESCRIBED BY DEEP RECORDED ]N VOLUME 14298, PAGE 7, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PIN BEING THE SOUTHEAST CORNER OF SAID 0,289 ACRE TRACT, ANb THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE EASTERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT, THE FOLLOWING: S. 30° 31' 28" E., 1516.78 FEET TO A FOUND ~/z° IRON PIN ON THE WEST BOUNDARY OF A 135.06 ACRE TRACT OF LAND DESCRIBED BY DEEP RECORDED IN VOLUME 7423, PAGES 621•G24, OF THE OFFJCIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; S. 30° 06' 05" E., 1002,58 FEET ALONG THE WEST BOUNDARY OF SAID 135,06 ACRE TRACF TO THE POINT OF BEGINNING, CONTAINING 137.51 ACRES OF LAND. NOTE; BEARINGS USED IN THIS DESCRIPTION ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE NAD 83-93. sos3soos.s Exhibit "D", Page 2 Exhibit "E" Legal Description of the Retained Croton Property Tract One: Aprf15, 20IY! BEiNC1139,1U3 acmes od'.land, true oK Icsp, be+l?~ cornmpdised of ~pp,;gx}~tiatt:iy 78.G+lA sexes qut of the lvlJles ~. Fl~axtexr 5ur~ey No. 7r, llhstraca bl, COUttCy 131o~k 5~~; app;toxiffrataly 9x.429 acres qutofthe:Jnllan ~liaz ~lrrvey75i' n. fi$, Aisstra¢r 1:87, Cuttniy &knete:StlS~, and appraximateiy 6.28h aaxes Out of t1[C Willdtun Srackau Survey Nv. 7~f, Atisuact 43, Ctitttrry dock 5076, ldaxar County, 'i'exaa and also~elag aPprgrtttnatcly Z9~496 arras out of a 112.G1 acre tract described in Ynlume 3013, Page 344. taatl ttppraxttrly l1t).d07. at;res oilc.af a ! i9 ~53'~xe rracxdasertbed to Yoltrtna.51139,~Pa8q'3?t$ 9ithe:IleetllYecotdsof 13ertat Cowtty, Te;tat+and btlxfg tnoxepartieularly descrllted as follows: 13~CtiNN1N~ at an irijn~ripe fa'trsd $n. rifts axieting, northiyost R.O: W- ltnb cif l~vi~r Seguin Road For tba mast easterly cagier od'thl§ tract and the mast eitisterly curbxi of the abavo refer#acad i15,S3 acre tract, said paintalsts 6'oiugtttcttiostso4ri~ly t;oxner.•ofal3~,e16 salt traerdc9erlbed in Valunre-7428, Page G2i of tfre Real Property Records of 36exar°County, Toxsa; TkTLNGE, 564°03'37 "W, 574 -4$ feet slang said northwest3t.G1. W,1dne to an iron rod-found for an angta poirt of this traol; TFi1rNC~, N 83°31'33" 1V: 15R2,78:fdac elanglhe,cxtntirg Borth RA.'GV: linaof LowarSdguln SYoact xa an lrarrrod'fottnd #ar a terrier di thts txa6t; '1'l{?ZNCIr, N 13.21'3#" 1Y, 337.$3 tcoLalongthe aomnaan 1lAe w1t6 a 1,227 acre tfaCC tlesarlbed is Volume 9746. Pa~,e ]833 of the ftcai.Atapexty liecardt of Bexax:County, `X'exas town Aran rod faurrsl for a corner'pf~ t9rla tiaCl ttftd tdie mast riarlhtaetekly crier uf'satd 1.227 acre tract; 'l'LTENCR, S 70°48`2fi" VJ, k7?.,64 t'eer along thn common flue with said 7.227 acre txaet xo A P-[C nail found is a post fora corner of tills tract and tb.e mast nesttb.Westeriy corner of sa{d1.227 acre tFa4ti THENCi3, N 29°51'54` w, l44.2R ~faet along tlta ctrtgutaan Itne wltp an 11.300 acre tract, surveyed the l'4i"-flay of Au~uat<Z{l064a anStotr todfouatl:ia.t{tG.sturttttoxr:liae witli.a85;874 acre erset dasCelbed ltt Vciutne d23~8: P2ge 1f3 of'tbG S~oat#'Kdl?ety RecoFdso€;FfD~r:Gouaty. Texas; T11BNC~, LJ S6.°59`22" ~.2fSt3~2.feot altmg the aornmon line w111? said 35.874 ire treat to an iron rag 3'outta 3er a, earrrtor ofttds tl`act and tfic-rtwat csstctly roritet oAsald 35.674 acre trna; `l'HSNCE, N 30°01'00' W, 1618.48 feet slang the carrrmat litu with Said 95.674 acre tract. to an iron rnci found in tdtt cotrun©n dire wJtfi s ~9,4$d acre tract dpsan'bad in Ylolume 520b. Page 582 of the Real Pr©patty 1Ereards of >#exat County, Taxes foe the tttost westerly Cosner of tHis Bract anal the mass rtgrtltaxly earner nF 9aii1 "3S.ti74 actq tract,; TH~NGE, N 60°22`-3t;"E, 13g0,4t} foet afang t,Tte aAnxrtou #ine ~r/Ith aRid'29,98Q aCSe trRnz;artd. a LS.Z53 at:re tract dt:ser'[brtl in YolatgtC 86()4. Page 17fi:of tits Real Property RGCOrds of>3axsr Gaunry, Texas to art Iron tqd 1Pouatl far s:corrssr of tills tract; sos3sooss Exhibit "E", Page Page 2 (134.903 acres) THltNCH, 929°83'05" $, 3Zt1.40 fcst.ston8 tilt corriinQp lG-~ w4t]- ~ 14.4$ scra traor desprlbed ii] Vnlumc 6622, Page 358 af'the,[tcat Propz:ity Records. riP B`eitar ~v[rnt~r Ttxss to ~[[ iron rad found for an interior corner of this tract attic t&a mast sauth~ly corner of-said 14.48 acre tracts T1IENCE, N Sa"?r3"S5` E. 445.(f0 fact along the cpnunon trine Svlth said L4:d8 acrd trace to an iron pipe found fur the most t~Qrd[erty ooener of thin irapx and f}iie.i[jppt noytheriy corner of acid ]15.63 arnk~uacr; '1'liETICE, S 3.0' 1&' 34" E, .1387."50 feet along.thc cosunwa Yaaee;sine with s~iit 135.0& acre tract m an iron rod round in wine Eos a4t arigie~yioii]t of tBis tract; THENCE, S 29°5!56" ~, SS03.2!i leer} cnnt[nuing atortg tisa aomuagn fezs~ littc with said 135.06 acre [rear to [ha PO]t~'1' OF+ td~]1Ji431`TEi arW oonteLiin$ 134.91)3 acres of land, Moro or ]css. Note: plat also prep2rt:d th _day!.. t! ;.,~ . oglstcred rirufessian Y,erd.5'ritvcyor No. 2.034 M=N0~.157.A2 sos3scos.s Exhibit "E", Page 2 Tract Two: Irl$f,i? N~rr~ ]2ag~a 9 (d0~1167 enLes} ~~~ ~~ 21107 R1~1fi 44.067 acres Af'7aiatl"~riiorb ar lest, out•of tga 2vtifeb'S, Ses~.ueti $urviajt Na. 75, Abstc:.et Gl, County i~Toctr3057; ~axar.County, ?'oxas and aleobE:ii~,$ cuntprised gfapt~sotsimstety 39,667 acrea out t3f a' 112.61 bra tract dast~ibed bt Valtttnri 3bi3..page 340; 43exur ~atamy, Texas ~8nd apprQxtuatefy 0.44.aare,~bei>ig part of Ttatner H~ ]toad {~ibandatted).tts rcfr~ettced in Volume 822Y, Pcge 852, of tha Deed Records of Bexar County, Tezas ezsd being more particularly described as follows: BE~1Ai~lIt44 at an iron rqd Potxnd:at tho'inlersecUau of the existing aac~vvest R.~.W.11ne tzf Lower gcgttttt I3t-ail ~d tlae c~ttterfEne crf'frglncr.l'Ialeltoa~ {Ahandon~rtlj fnY the mastsoit~rly tarn.as oP tttTs tret,7, said,puinchei:tg:9 6002'27" W, 2A`.4S feet fimn the moat aantherly corn6r of thG above refotapced. 11:,41 acYCS tract; . TiIHNCE, hl 30401'01}" ~', 7$;i.'28 feet along said cottt4rltaa tp .aa iron rod found at the intersection with the existing northeast TLt).W, line af~1s, M. Highway 1 Sig for.the bagintiing of a cu>:ve to she left; . TFi,1~NG~, iu aaorlktweatee;~ly. dkractCan,alart~.said aorWeast ltA.Vit, line of F. M. Highway 451.8 wit}t n curve ttuvviug ti' c~ttal Atagle~saf l19°34'55", a.nulius of Z9drsf~ f~l, a tangcut 3Lstsncc of 7A8.9t feet, as axe 18~t?gt`ft of+tl#6:fi13 feat and n e3ord bearing, and distance of N 2S°13'02"'1V, -08U. l 1 feat to a broken cotxtela RA: W. starker found for the and. of tbls ctu°sro; TH8IVCE, N 30°01'00" ~, (€tef, Beg.) 359.54.80 feet a~3ng sBicl n,~tttheast R.t3:W. line to an iron rod fottstd iti same fox t8obagiuning of n curve tc~tbe right; x`Ii~IC~, 81ong the caAlttiaa Iine s!~tA a 33.$74 accts tf3Gt dt:saribCid la1 Voinme 12638, Page i63 of tha Real i'roperty lt~ords, flexac Gouuty, Texas iti a nartpeaster)g dirac#3on ntaug said cuiv~e having a central angel of 9tt°2l'49°, a railing of 23.110 feat, a tangent distapce of 23.16 feet, ap are length of 34:43 feat, and a shoxd bearing and distarsoe of N 15°49'53 " E, 35.47 feet td an iron rod [vuntf in sane for lhir gitS1 of-tltls curve; . '~bTCB, N ¢0°20'47" E,.780,7.tYfeat, along the cotrunart:Cnnt3~w}th.said 85.874 acre uact cad being 60.417 Seer from and parallel to t$a nort>xwegt tine oP said ]12.6i oars tract. to an ies>n xod found for the begi>uning of'asvrve to the t!ighg THENCE, slogg.the conunon line with said 35.5'14 acre tract, iu.a~ SvutlieasttrIyr direction alop$ said tvxs~t: booing a centrd! angle-0f~9°38' 13', a radius vf25.00 #eet, a tan8ent distat}ce of 24.84 feet,. ari azc length of 3r3. tl feet, and a ckorA beaxiug and distanca of 5 74°S4'flG" 6, 35,24 feat to an iron and found for the end of tLis curva; TFIIrNCH, 930°01'tl0"~; 1559.81 feat along the common line with saicl35.874 acre tract to au ironrod found far the mast southerly earner of stifid 35.874 Here tract and the most westexiyt»attter of an 71.5(l0.accetract de3ccibed to Vaturme 12658, 7484 363 oftbeReal PropQrty l7ecazds, flexor County. Texas; sosssoos.s Exhibit "E", Page 3 1?ago 4 `144..Dit7 aett~} '1'ilF.i~IC~, S'29°3&'~S" 3±, 531.35 feet along the eotnmon lip with said 11,5(14 acre tt;act 1o an 'trnn rod €nt~nd lt1 the extst'ut~ nr~rth Et.O.W. line bfLtrwtr 5eguia Iicad €or the ptost easterly c:groer of tbls tract awl t$c ~stost sputpcily eoraor o€said 11.51111 acre tract; TH~NCB, N 65°Sl'23° W, l~~i.t7 feet aign8 -h~~o~s L~..~. W, ltae to an irnrs rud fonad furan angle palyd of Chia tract and the capu-tan corner of said 1S~.C1 acre traetand -said 115.b3 acre tCA9L1 ~ ~ OIZ~T 4>~ B`E+Gii~Tt~NO and coptaaautg 44.46T ac~sof la»f7lmo~d~eg•Sc~tu Road Noce: Flat ~Surveyur I~1o. 2D'2A SAVE AND EXCEPT THE PROPERTY DESCRIBED ON THE FOLLOWING TWO PAGES. sos3sooss Exhibit "E", Page 4 PROPERTY DESCRIPTION OF 137.51 ACRES OF LAND PARTIALLY IN THE CITY OF SCHERTZ, BEXAR COUNTY, TEXAS OUT OF THE MILES S. BENNETT SURVEY N0, 75, ABSTRACT NO. 61, COUNTY BLOCK 5057, THE JULIAN DIAZ SURVEY fd0. 66, ABSTRACT N0. 187, COUNTY BLOCK 5059 AND THE WILLIAM BRACKEN SURVEY N0. 74, ABSTRACT NO. 43, COUNTY BLOCK 5056, BEXAR COUNTY, TEXAS AND ALSO BEING OUT OF A 139.903 ACRE TRACT DESIGNATEp AS TRALT I DESCRIBED BY bEED RECORDED ]N VOLUME 135GB, PAGE 1939 OF THE OFFIC1Al PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; SAID 137.51 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING: AT A FOUND 1"IRON PIPE ON THE NORTHWEST RIGHT OF WAY LINE OF LOWER SEGUIN ROAD BEING THE EAST CORNER OF SAID 139.903 ACRE TRACT AND ALSO BEING THE SOUTHWEST CORNER OF A 135.06 ACRE TRACT DESCRIBED BY DEED RECORDED iN VOLUME 7423, PAGES 621-624 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; THENCE: ALONG THE NORTHWEST AND NORTHERLY RIGHT OP WAY LINE OF LOWER SEGUIN ROAD, THE FOLLOWING; S, 59° 49` ql" W., 571.30 FEET TO A FOUND Vz"IRON PIN WITH YELLOW CAP STAMPED "BLS 2024"; N. 85° q4' 03" W., 1682.81 FEET TO A FOUNp Va" IRON PIN W RH YELLOW CAP STAMPED "BLS 2024" BEING THE SOUTHEAST CORNER OF A 1.227 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 13673, PAGE 2232, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PIN ALSO BEING THE SOUTHWEST CORNER OF SAID 139.903 ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCR]BED TRACT; THENCE: LEAVING THE NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD ALONG THE WESTERLY BOUNDARY OF THE HEREIN DESCRIBED TACT, THE FOLLOWING: N. 13° 37' 14" W„ 337,63 FEETALONG THE EAST BOUNDARY Of- SAID 1.227 ACRE TRACT TO A FOUND Vz" IRON PIN WITH YELLOW CAP STAMPED "BLS 2024" BEING THE NORTHEAST CORNER OF SAID 1.227 ACRE TRACT; S. 70° q0' 25" W., 172,46 FEET ALONG THE NORTH BOUNDARY OF SAID 1,227 ACRE TRACT TO A FOUND MAG NAIL ON TOP OF A 7" CREOSOTE FENCE POST BEING THE NORTHWEST CORNER OF SAID 1.227 ACRE TRACT; N. 30° 04'44" W., 703.86 FEET, ALONG THE EAST BOUNDARY OF AN 11.5 ACRE TRACT OF LAND CONVEYED TO ALTON AND E[LEEN SCHNEIDER BY DEED RECORDED IN VOLUME 3013, PAGE 340, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, TO A FOUND Vz" IRON PIN WITH YELLOW CAP STAMPED "BLS 2024" ON THE SOUTH BOUNDARY OF LOT i, BLOCK 1 AS DESCRIBED BY SUBDIVISION PLAT OF RAY p. CORBETi JUNIOR HIGH SUBDIVISION RECORDED 1N VOLUME 9600, PAGES 159-161, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; N, 56° 39' S7" E„ 248.45 FEET ALONG THE SOUTH BOUNDARY OF SAID LOT 1, BLOCK 1, TO A FOUND Yz"IRON PIN WITH RED CAP STAMPED "CEC' BEING THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 1; N. 30° 14' 12" W., 1551.95 FEET ALONG THE EAST BOUNDARY OF SAID LOT 1, BLOCK I, TO A FOUND Va"IRON PIN WITH RED CAP STAMPED "CEC' BEING A POINT OF CURVATURE Of A NON-TANGENT CURVE FOR THE SOUTHEAST RIGHT OF WAY TERMINUS OF RAY CORBETF DRIVE AS SI101NN ON SAID SUBDIVISION PLAT OF RAY D. CORBETTJUNIOR HIGH SUBDIVISION AND ALSO BEING THE SOUTHWEST CORNER OF A 2.020 ACRE TRACT OF LAND DESIGNATED AS TRACT I DESCRIBED BY DEEP RECORDED IN VOLUME 14343, PAGE 1959 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 AND THE NORTHWEST CORNER OFTHE HEREIN DESCRIBED TRACT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID T..020 ACRE TRACT' AND THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRgCF, THE FOLLOWING: 13,34 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 430.00 FEET', A CENTRAL ANGLE OF D1° q6' 37" AND A CHORD BEARING AND piSTANCE OF N 59° 50' 31" E.. 13.33 FEET TO sos3soos.s Exhibit "E", Page 5 FOUND +/z"IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF NON-TANGENCY; N. 58° 20' 13" E., 172.15 FEET TO A FOUND yz"IRON PIN WITH RED CAP STAMPfD "CEC" BEING A POINT OF CURVATURE OF ANON-TANGENT CURVE; 18.25 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 370.00 FEET, A CENTRAL ANGLE OF 02° 49' 37" AND A CHORD BEARING AND DISTANCE OF N. 56° 55'44" E„ 18.25 FEET TO FOUND ++/z° IRON PIN WlT H RED CAP STAMPED "CEC" BEING A POINT OF TANGENCY; N. 60° 20' 32" E., 227.38 FEET TO A FOUND ~+/z" IRON PIN WITH RED CAP STAMPED "CEC"; N. 60° 17' 11" E., G58.27 FEET' TO A FOUND Va.'"IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF CURVATURE; 260,16 FEET WFTH THE ARC OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 370,00 FEET, A CENTRAL ANGLE OF 41° 31' 30" AND A CHORD BEARING AND DISTANCE OF N. 81° 02' 5G" E., 267.,33 FEET TO FOUND +'/z° IRON PIN WFFH RED CAP STAMPED "CEC" ON THE WEST eOUNDARY OF A 0.708 ACRE TRACT OF LAND DESCRIBED BY DEEP RECORDED !N VOLUME 14343, PAGE 1960 OF THE OFFICIAL PUBLLC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PIN BEING THE SOUTHEAST CORNER OF SA]D 2,028 ACRE TRACT; THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THE WEST AND SOUTH BOUNDARY OF SAID 0,70E ACRE TRACT, THE FOLLOWING: S. 29° 55' 25" E., 1G3.58 FEET TO A FOUND Vi' IRON PiN WIFH YELLOW CAP STAMPED "BLS 2024" BEING THE SOUTH CORNER OF SAID 0.708 ACRE TRACT; N. 50° 15' 43" E., 182.14 FEET- TO AFOUND %z' IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF CURVATURE OF ANON-TANGENT CURVE BEING THE WEST CORNER OF A 0,289 ACRE TRACF OF LAND DESIGNATED AS TRACT 2 DESCRIBED BY DEED RECORDED 1N VOLUME 19343, PAGE 1954, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; THENCE CONTINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT ALONG THE SOUTH BOUNDARY OF SAi0 0.289. ACRE TRACT, THE FOLLOWING: 232.79 FfET WITH THE ARC OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 31° 01' 04" AND A CHORD BEARING AND DISTANCE OF N. 67° 41' 51" E., 229.95 FEET TO FOUNb Vz"IRON PIN WTIH RED CAP STAMPED "CEC" BEING A POINT OF TANGENCY; N, 52° 11' 19" E., 31,57 FEET TO A FOUND +/z"IRON PIN WITH RED CAP STAMPED "CEC" ON THE WEST BOUNDARY OF A 25,01 ACRE TRACT OF LAND DESCRIBED BY DEED REGARDED IN VOLUME 14298, PAGE 7, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PIN BEING THE SOUTHEAST CORNER OF SAID 0.289 ACRE TRACT, AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WITH THE EASTERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT, THE FOLLOWING: S. 30° 31' 28" E., 1516.78 FEET70 A FOUND yz° IRON PIN ON THE WEST BOUNDARY OF A 135.OG ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 7423, PAGES 621-G24, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; S, 30° 06' 05" E., 1002,58 FEET ALONG THE WEST BOUNDARY OF SAID 135.06 ACRE TRACT TO THE POINT OF BEGINNING, CONTAINING 137.51 ACRES OF LAND, NOTE; BEARINGS USED IN THtS DESCRIPTION ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE NAD 83-93. sos3sooss Exhibit "E", Page 6 Exhibit "F" Legal Description of the Willow Grove Property Tract 1• A ?J.62 ACRE' TRACT OF L~lTlt?, aUT OF A 6'%.77 ACRI= TRliCT OF LAPlL,, SITUATED rPl THE CITY OF SCF-rERTZ OIIT OF THE J. LFAL Sl1RYEY t'd0. 79, ABSTRACT 4Z4, GC,UNTY BLOCK 505A, SEXAF2 COUPJTY, TEXAS A.5 COMI~EYEO TO FRECi t7E~/ELO('A•fEP1T, LLC. RECC,RnEO u•! :~aLUn!~ r,ra7~ Pnr,L rsss ar-F1t:rAL Nur~uc r-;Lr_:ar,n.s c~F sEXAR cou~ITV TExAs Said property being depicted on the draft subdivision plat establishing Willow Grove Subdivision Unit 1 set forth on the following page. [Remainder of page intentionally left blank] sos3soos.s Exhibit "F", Page 1 il9 4 ! {{ 2 F`lt;i 6] ~ 6 p to ~ `~ t~[ ~ 4 ~ !!P ~ a6 ~ ~ E °p ~F{ ~61e4 6!4 ~ § `li { - ! tcii F 3t d erj fl il 5 !1 r pE p S ~i nt5 t§ tYi6v Ss 4 ~ ° >! yea 3" ! [ 2aS [ ~ n ~ ~~~ FE= t ~ i F: p ~ u o ) isF~ji f;'~€y l F`F ~etpesf E' S(a~g 1 ~ e 4a~ E ' S t 2i ~z~F. 3`3 S€ l S Fqx ~16! ~gg g B~ ~ ~3~ i ~ l ; ~ y ~ ~ ! k~ 0 - }~ eigIIt pSp 3Y~p'~l~F i S ~; 1 € '~€ q e.iz s[q~ X 63 y 8 i 3 Erel ~y i~~ t~ d r pd3, ~ f aA ~fp ~° €g3 y ~z ~€ f ~z~$S~ ~i ~ # eft-° e.~~~7 Pa t?3 1 E tF ~ ~ I ~ e Zi ? Ig ~e rzlr ~. ~ 1 '~F~ 6 F ec Sd f~ ~E~S b 34~~it4€ tali s,~~ ' SI a~ :fis ~ e s L 9 ~ Y3 ~. F~~4 ~'tk ~ 4 ~Fi o ~Y`>'r`3^rt ..~Jl e 5~ _ -_. __ F.IA. 1516 T..- '~ ®_ ~ ~I -I- ~ L _ _ f i I I[ I , IF 1 L 1 4 [-~•m _ 4[ IJ ~'e x t [I' t It I If I~~I i'i4 tl € ~ I g s ,~~. ,~ ~+ ~ li ~, I F I~~ `~ \ ! -~ STS. ~' ~ ~ s ! 9 fY 1 1 t 1 ~[ la ~I Jt t, _ _ i~ l i \ J r.~ ~~ 3 [ [ f ~ [ ~~ ~ 1' ` ~ ~ ~ ~ d ~' 1 i ~ ~< 1,11 \ ~ . ~J - € I F `S~?i F[tii v' I ~ l~6 i 1 I 31t€[ 2 ~' 1 'mil k [ - f3E, ~ j cFr.. ; ~I _ k j Fa i {[ a4 ~1 ti6 6 ~a`$ i! ev 6 ~ f ~ I [ x' 3~>E! ijEilE i ~~l1~ if? 'yfl, - ,~ . ~!E ii6t 33j ~~f~ e~ ~ ~e ~ F3ii [ ~ ~-ti~ 'CE if`S~ ~S EI~~j3 [i ~F~e (~ ~r~i ~- t a ~+ o ~~ 1,ti ;r .;, i •t li 16 ;t~\ ,. F'[.~ Y p ! i ' ~i3 "- 3!€t i S Cf C ~~~ ~~ FE alsa`e~ ~: r.3EE'4za ~~ ~! 9i~ o ¢b#$~zti x c~S'~~~~ 5; ~~. € ~ if~ `I i sl ~ ' ! s . F F a 65 L ; ~ I p ~ aG r3 1. c~s~la R .:.. 2:I €ii?• ,.,.. 6F of _ •~I' 'a ~:~ \ I` EE a eaq ~ ; i ~_ d fiy 11 I ° ! L L i€~ y i,5 a' A ~ ~ Se i, Z ,_-fir -; .mss! ~ ~'I f ~~IC'~: ,~ 1 ~ , '~ 2 Ir a14 ! -fir ,r~ ~ i ~ ~ i 1: r , -~ ~ ~~ _ a [ , 11 _ [ `. 1 1I 1 F k 'IF _ - 1 ~ 1' 1~ I` 'ti - !: ~. 1 ~-. ~ ~ ly tis~ sosssoos.s Exhibit "F", Page 2 Tract 2• A I{, ?<, Ar:R~ .f+t. t t)f ! kNll Ur77 ilf A:~PC~~ Ai;l? Tr,A~r fir £);f~rD n~-1NG .4 R[4ralhaNG F''OfiT1C4`,r rJr .~ ii+Ciu•1AC't#F Tl#.1(.l O=tAfJU ~11(J.4f1=f~~IP; 7kE£~+fYC)'= SC4ERTZ C)UT ~>F 71 tE J. !_EAL SUFVEY 1JCJ. 7'a, AR~~F,A('7~iZ•1_ Ct?l1td~Yf3tQC'1C5r75fi, RF_X.vRCt7!/r'VtY T~lSE75 FU r.C]•'VV> Y•=£~ TC1 E'kbVltd G 4hlt=fJ~P:~itLV ~)!= REC'~RC7 !tU VC)tlJAfE 75 r5 Pri E 3f?7, C}<<JCI,;i_ FU9th`: f7fS:Cli#ilSil! Ht>:At-'r"C7L'iJlf' ItY.A Said property being depicted on the draft subdivision plat establishing Willow Grove Estates Unit 1 set forth on the following page. [Remainder ofpage intentionally left blank] sos3soos.s Exhibit "F", Page 3 . l• I ~ Fa f i. y i ~ sF F# ~Y ly:~! f .~ Pi fL i _y ~)Lls F~ ? ~ic~ r{~) a ~ !S i.~ ' L . l ~ k F r~r F SYyrii i r L f~ ~ i- ~ Ff iY ~.~. lx,t FFY ~j 2 F F_4 7 ~ S ^ F ~ t :° Ly E~ ~dl= L Fie }° Y z . ,Lr! €, I e'(s, € i E, t i F r ~. a ~ ~~~ r =': ~ '~ z~ ~V L'i=~si t ii a S z ; E. L? ; c L ~ eLP a. Y ~~i ~ g ~ = k ;~: { ~ c ~3 ! ~ F ' _ i E." LPi`f ii! ~- Y~ ~ - i z ~ } ~ i3 a:, L p L L f S p•¢ .S1 c f3 5£ EF; - f n 3(~~iF Fi ! FF €Y' ~~ F 7 F 9f" t' ~F y ~ f r fz YL'r 1 { ~ ~? t ~s c E: et F ~~Pz y [ ~ F Fli 1 ,lfdj Y Se rr L3F¢ L ! L } ai ~ ~ ~}~ ~~ - SF e5 )f ~' drY{l. ~F P. 'b~ rLFi ~} - ~ Iti FiL ~ ~ F~ Y LF.. i r tY' ~ :. ¢ ~~ r. r- £ eF ~L tyi~ . r t ~r €Y } i i { i i F ~ Fly Iy' { i 1 p I - c I G ~x'f o F L e L ~ gg Y L[ t Y 4-. ~ 3i F tt t ~.-" ~~ I. [ Frf is l~Li yE ~ S{~ ~Z k.~ i . ~ qY YY~-31 F Si s'y £. i Y ' £ c39 x. ~ :. , f;f..:: F. ,.F z ~ F S {l~tiyy ~~:4i £ iPLe, -:: L { ~F' F ~~ . ! ! ~ }' 'i X13` s F` I~ 7;~~ - ~ 1. P4(f'f ePt'3k ''YYii',~ ~ __ t~e _ .}- _. _ ~\y& . r fL ] Ft d i IkL I BYSY IYd r~ . 3 s T ro _< i £ Ea c ,. Ys ~. ~ I ~ FS FY £3 I r E {~~ ~[ ~ 31 `'^ ~ {e- F i ~ ag g ];] j~}~iFgLL~Y{i ~e~ tPey a `~` ft ~ 4 ° F o~ @f ~~ ~~ ~ 4 ~ € ;~ FiL` I I 1 ~ ! - (Si t~ ° f Ai ~~ti~ 39 ! 9 E~i~J ~1 4 ~'~~ ~ i~~Ss {~~ ~~~al'I' la L L E ~_ m ~, ~ ~, I s~ . j i s ` e o ~` L L I y y it S ` I~ W i F,. g ~!~ . '. ii f i ~ ~ ~ G yI f ~ i ~ ~ i ~ --~ 3~ :! ! .( ~ ` y y; ` {~~ L{ Y IY .IYL d t i ~s~~~i~is ~ i Uy; r` yi'i ~-~ 6s ~~~ L7 ~ i) iY~ a i, ; is ,~,m j3 I ~~ ~~ `r ~L :~ L- ~~~ ' e ` a ~~ e~S Y IfFI lILFFi~~~IS YLLa ,. a.L, -., ~, F '. ~ - ~. o , 1 -_ 1 5 e t~I L~Tj~ v ~ ~~'~ G ~f - ~1 ~ LI Fii { i v y 3~ ~ - o -c a _ r~ S _ S ~ t` ( ~ } ...a I n V i c f~ ! 1 ~ f ~ Fi _~V 1 ecae ! ` { L.( ~[~;i ' y t f~ Y~1 ~~~ Yr fF y t {'£ sg Y N l ! ~ F" Y fF i Is F ~ _ ~IF IY, +ESyq~ _ yLaF {,.e F sos3soos.s Exhibit "F", Page 4 Exhibit "G" Legal Description of the New Property Tract 1: ~~, sunvr:rtu: I+16:16 NUTES CUR '16.365 ACRES A 76.365 acre Iracl of Iflnd, being all oC a 76.365 aa~e hncl of I:nul, conreyed [o Milton and Billie Pricsenhahn of record in Volume 8377 Page 967 of the Official Public Records of Rexnr Counl)•, Texas and being out of the Julian [)iaz Suncy No. 6G, Abstract Nn. 137, Connly Block SOS`) and the P. Rodriguez Survey No. S4, Abslmcl 609, County Block 5066, Besm- County, Texas, situated pnliially iu the City of Schertz mld being nmre particularly described by metes and bounds ns Follows: 1fROlNNING nl n found 1/2" iron rod iu the southeast right-of-way line of Lmrer Scy~in Rond and for the northeast corner of a 5.50 acre hacl of land cmrvcycd m Liudn R Goodenough and Sadie L. Phillips of record in Volume 5995 Pagc 216 of the ORicinl Public Records of Bexm~ Counq•, Texas and for the northerly northwest corner of the 76.765 Here lincl mul the liacl described herein, from a4lich n form<I 1/2" iron Ind fm'the nodhwcsl corner of the S.SO amn o', cl Ucros S 59° O6' SS" \V, n distance of 525.06 feel; TH~CNCE: \1'ilh the seulhcasl right-of-way line of Lower Seguin linnd and the uotlinresl line of the 76.365 the following calls mld distances: I. N 59° 0T 59" G, n dislnnec of 303.71 feet to n fomul I/2"iron rod for an mlgle point, 2. N S9° 0.T 22" 4 a distmlce of 1715.35 feel to Fl set 1/2" irml rod with Dluc 1'laslic Cap Slmnpcxl "KPlV Sun•eying" for a nmiheast cornm~ ofille Oncl described herein, 3. S 69° 5S' 2G" L', a distance of 69.59 feel to a set Ill" iron mrl with Rlue 1'luslic Cap Slampe<I "KC\!' Sun•eying" for an angle point, 9. S 52° 72' 12" R, n distance of 99.35 feet [onset 1/2" iron and wilt Bluc Plastic Cap Slmuped "IQ~1V Surveyiug" for :mangle point, 5. S 40° 05' 45" fi, a tlislance of 157.35 feel to n set Ill" iron raJ a•ilh Rluc Plnslic Cap Sl:nnped "K P\V Surveyinb' Fm' ml angle point, G. S 79° 02' 17" B, n dislmlec of 276.2R feel to n scl 1/2" iron rod with Dlne Plastic Cnp Stumped "KPW Surveying" fm' nn angle point, 7. S q0° 03' 4S" &, n rlistnncc of 105.22 feel to n set I/2" iron rod with Rlne Plastic Cnp Stamped "KP\V Surveyiug" fm' ml angle point, S. S 51° SG'30" E, n dislmmc of 110.45 feel to n scl Ill" irml and with Dlue Plastic Cnp Stamped "KCN Surveying" for nu angle point, nud 9. S Gq° SO' OS" L•, a disfnnce of 161.89 feel to a scl I/2" iron roJ with Rlue Plnslic Cap S[mupcd "ICC1V Surveying" for nu flngle point; THENCE: along and with the bank of the Cibolo Qnck the following u~lls and distances: I. S 7q° 5T 20" E, n dislnnec of 122.76 fcef to mr angle point, 2. S GI° 35' 37" E, a disfnnce of 102.18 feel to flu angle point, 3. S 32° q3' 07" E, n distance of 79.55 feel to ml angle point, 74603 Iluebnel Pd. Olda. 40. San Antonio. Teros 761.30 ° Phone: 12101 973-8449 . Fax: (2101 979~f4141 ° vnnv.khvennineers,com sos3soos.s Exhibit "G", Page 1 4. S 32° 44' 20" E, a dislmlcc of 54A7 feel to ml mrgle point, mid 5. S 07° 2•I' 02" E, a distnnce of 75.1)2 feel to nn nngle point; 1'HIiNCL: S 5I° 34' 3G" W with Ihu north line of n 194.101 ncre tract of land conveyed to Joe Frazier Ilrowu of leconl in Volnme SR13 Inge 450 of dle ORicinl Public Records of Bezar County, Testis and with n south line of the 76.345 acrc h.1ct, nt a disL•mce of 58.64 feel passing a found I/2" ilou rod set for rel'elencc rant continuing for a total dislmlee oC7022.55 feet to n set I/7." iron rod fa' the southeast corner of n R.132 acrc tract of land conveyed to Karen hlars hischw' of record in volume 4704 1'agc 497 of the Official Public 12ecords of l3esm' Couuly, "Mesas and Ira' the southwest cornet' of the 74.345 acre Irncl of Imld rant fhc h~ncl described herein, firm which n found I/2" iron rod for the soullm~esl comer of the Fischer 8.137, acro h'act bears S 59° 3T 32" \V, a distance of 247.OR feet; THCNCli: along and with the easterly lines of the Fischer 8.172 acrc h'ncl and with the westerly lines of the 76.365 aa~e tract the following calls and dislmrecs: I . N 30° I L' I G" \V, a distance of 580.05 feel to n found I!2" irou rod an angle point, 2. N 24° 03' 40" G, a dislmlce of 75.21 feel fn n found I/2" iron rod rw angle point, and 3. N 30° 24' 37--" W, n distance of 188.62 feet to n set Ik" irou rod with [flue I'Inslic Cep Stamped "KFNr Surveying" fm' the southwest corucr of n 5.50 acrc tract of laud conveyed to l.iuda R. Goodenough and Sndic L. Phillips of record in Volume 5995 Page 214 of the Ollieinl Public Records of Reset County, Testis mld for a westerly northwest corucr of the 74.345 acre n'acl and the trocl described herein; 1'IIINCI: N 59° 48' 43" G with Ihu south line oFthc 5.50 ncre tract nud a naih line of a 76.345 ncre Tract, a distmlce of 525.43 feel to a frnuul I/2" iron rod for the southeast contra' of the 5.50 ncre noel nud an inleriw' corner of the 7(.345 acre Iracl and the tract descl iberl herein; 'fH4:NCE: N 3U° 25' 07" W with the cost lino of Ilse 5.50 acrc h~ncl and n westerly line of dw 74.365 8ele 1reCl, a IIISIBIICC Of 459.12 feel to the 1'OLV'I' OIL 13CGINNING and containing 7GJ65 na~es or 3,37.6,45) sgnure leel more or less, in the City of Scholz, Bestir County, Testis and being described in accolxlanco with n survey prepared by KFW Sunreying. ,lob No.: 12.-I I I Po epm'ed by: KFW Snrveying Date: Seplmnbcr O5, 2012 File: S:\Uran•2012\I2-III Lower Seguin\76.37 ncres.doc 1 14603 Huebner Rd. 0148. 40, San Antonio, Texas 78230 ° Phone: (7.14) 9796444 a Faz: (7.70) 979-8441 vrvni.Y.hvenpineers.com sos3soos.s Exhibit "G", Page 2 Tract 2: FII'sLl) NOT'L'S ~~.' FOR swa•erlnc 82.506.1C121i5 A 52.506 acre Irncl of land, being all of n 70,R2d acre Irncl of Innd, called'fract 11 and all of a 1 LGSO ncrc Iraq of hmd, called Tmcl 1, conveyed to Drnwie I(. mul Cindy A. Fischer of record in Volume 13622 Page 2403 of the Official Public 12ecortls of Hexer Cowry, Texas and bcing out of Ilse Julian Diaz Survey No. GG, Abslmcl Nn. 187, Canny HIocA 5059 Rexnr Connh~, Texas, silualeA pflrlially in the Cily of Schcltz mtA bcing mom particularly described by metes and bounds as follo+es: 1H4 ,1NNINC al n Cmnul 1" iron pipe in the norlhwesl right-of=o'ay line of Lo+ecr Seguin Rood and for the southeast corner of a 135.06 acre Imcl of IanA conveyed to h-0ihon F'rieseuhnhn of record in \'olunm 7423 Pagc 621 of IOe O(Tcial Public Recorels of Ucxar County, 'texas and for the soullnresl corner of 1Yacl II (70.524 floe lracQ muI For the sonlhwesl comer of the hacl AescribeA heroin; '1'HLNCF„ N 30° 06' S0" W with the +vesl line of Tract II (70.524 noes) and with nu cast line of the 135.06 acre Imcl of Imrd, n distance of 1493.7R feel to n found I I/2" iron pipe far nn interior corner of the 135.116 ncrc Iraq and the nodhwesl corner of 7tncl 11(70.524 acre Iraq) and the Iraq <Icscribed herein; T1IGNCC: N S9° 12' 4G" E +vilh a smith line of dre I35.OG Here trace mnl Ilre north line of Tract II (70.524 awes), n Aisfmlce of I SG4.15 (eel to a Fmuul I" iron pipe for n untlberly smAlrcasl corner of the 135.UG ncrc Iraq and a sonlhwesl corner of a 127.7 aclc bacl of land cnnveye<I to Debose Baummm of record in Volunw 2059 Pnge 345 of the Decd Records of 6exar Counq~, "Texas and an mrgle point in the Imcl Described herein; THCNCG: N 59° 12' 43" E +vilh a south liar. of the 127.7 flan Irwl mul the nnrlh line of Truc1 II (70.82-0 acres), a distance of 217.33 Feet Io a found 1/2" iron rod pipe with "131.S 2024" enp lin'the norlhcasl corner of 3'racl Il (70.S2d acres) and the uaih+resl corner of Tract I (I LGSD acres) and the mr angle point in the nodh line of the Imcl describeA hmcin; T1IlNCG: N 59° 21' -0G" C continuing o•ilh a sow6 line of the 127.7 acre Oacl and with the north line of 'I'nlcl I (I I b50 acres), a distance of 33S.S0 feel la n found 1/2" irar rod for Ow norlh+vcst cover of n I LG51 ncrc Iraq ul' Iturrl convcycA to h4ihml and Hillio Pricxuhahn of record iu Volume SOSR Pnge IS2 of the OtTicinl Public Reca~ds of Hexm' County, Texas and fur the nonhmsl corner nf'1'mm I (I LGSO aavs) mtd the Irncl describeA herein, from +vhich a I'mnxl 1/2" iron rod 1-or Ilre norlhcasl corucr of the I LG51 acre Imcl 6enrs N 59° I8' 19" E, a dislnnce of 334,23 feel; 'I'HF,NCf: S 2S° -00' U2" H +viih the +vcsl line of the I LG51 ncrc Irncl nod the cast lint of Tract I (11.660 acres), a dislmtce of Id99.d I feel to n found I/2" iron rat in the north right-of-teay line of Lower Seguin Road nnA for the sonlhwesl corner of the 11.651 ncrc Iraq anA the southeast corner of'fracl II (I LGSD aces) and Iho heel describeA herein, from which n founA I/2" iron roA for the southeast comer of the I1.G51 floc Iraq bears N 59° OG' 41" E, n rlistmrcc of 741.73 Iccl; TTIGNCC: 11'ilh the umih right-of-+vay lice of Lower Seguin Road and the south line of'11nc1 I (1 I bS0 acres) nnA "IYncl II (70.824 netts) the Follo+ving cells mrd distances: I. S 59° l9' 22" \V, n Alsfnnee of 33'J.S3 feel to n found I" iron pipe for Ilre sonlhwesl comer of 'I'raq 1(I L(,30 ncros) onrl the saahensl corner of Tract II (70.524 ncros), mvl 2. S 59' 21' 32" 1\', a dislnnce of 2042.55 feet to the YOIN'1' OF 1313CINNINC and conlnlning 62.506 acres or 3,593,961 square feel more or Icss, iu the City of Scheriz, Hexaf Cmntly^, Texas mtA bcing AescribeA in nccordmuc +vilh a survey prepmcd by KF\\' Suncying. ~I ,;~ Jnb NO.: 12-III ~\ f+'/r )r r+) ~\ Prepared by: KIIV Surveying / r ~ Pule: Augusl29,2012 ~ II~~ )'~Ir. Ij' - Filc: S:1Ornw 2012112-1I I Lower Scguin1S2.50G ncrosdnc \ r, {,, j U I'~i ti!t S ; -'~~~'/t) Jll / a .L,~' a•... 14603 Huebner Rd, Oldo. 40. Snit Mlonlo. Texas 78230 ° Phone: (210) 979-8444 ° Fax. 12101 sos3soos.s Exhibit "G", Page 3 Tract 3: ~~ - .tuuw:rlrer, PIELU NOTF,S IrOIt 11.615 ACRRS An I LG IS acre U'ncl of laud, being all of a I LG51 acre tract of load cawcyed 1o Millmt and Dillie Friesenhahn of record in Volume 5058 Pnge I S2 of the Official Public Records of Resm~ Cnnnly, "Texas and being out of the Julian Disc Sun•cy No. 6G, Abstract Nn. 187, County Block 5059 ^exar Ceunly.'fexas, silualal pnrllxlly in the Cily e(Schcriz and being mm'c particularly dcsG'ibcd by melee and hoonds ns Ihllo++5: BEGINNING al a I'owul I/2" iron rad in the northwest right-of-+vry line of Lmvcr Seguin Road and for the soulhensl corner of n of a 11.680 acre Iraq of land, ealled'I'rncl I, conveyed Io Uonnie K. mld Ciudy A. Yischer pf record in Vohnue 13622 Pnge 2403 oT the Oficial Public Records of Bexar Count', Texas mtd the smnhxesl corner ol'Ihe I LG51 acre tract mid the Irncl described herein; "1'H1iNCE: N 2S° 40' 02" W with the east Ihm of Tract 1 (1 LGSO acres) mtd +vilh the cast lice of the 11.651 acre Iran of Imtd, n distance of 1499.-01 feet to a found 1f2" iron tad in n south line o(a 127.7 nere tract of land conveyed to Debase Bmunnnn of record iu Voluuw 7.059 Page 945 of the Decd Itccords of Recur County, "I'exns, for the nodheasl comer of Tmcl I (I LGSO nere) and the uotihwesl corner of the 11.651 tool the Iraq described herein; "L'HENCE: N 59° I S' 19" E Ivilh a south line of the 127.7 Hero Ime1, n disL•urce of 334.23 feel to n found 1/2" iron rod in a +vesl Jinn of n 27.8 acre Imcl of land conveyed to Larq' \V. Bmnnnuu c1 ux of record in Volume I 1104 page I I of the Oficial Public Records of Bcvm' Couuly, "texas and for the noiihcasl comer of the 1 LG51 acre Imcl and the tract described herein; '1'LENCE: S 2S° 56' 14" E whh Ihn east line of the 11,651 nere tract and n nest line of the 27.5 acre Imcf, n distance of 1498.07. feel to n found I/2." iron rvd in the uorlh right-of-+vny liuc of Lo+vcr Seguin Rond and (m Ute southwest comer of the 27.5 acre hmcl and the smuheasl comer of the 11.651 acre Imcl mtd the tract described herein; 'THENCE: S 59° OG' 4I" W with the nmih righbol=+vay line of Lower Seguin RoaA and the south line of the I L651 nere tract, a distance o(341.33 feel Io the POINT OF BEGINNING nnrl containing I LGIS acres or 505,949 square feel mom m' Ices, in the Cily of Scheriz, Besnr Comdy, 'Texas and being described iu neconlnucc +eilh n sur+'cY prepared by KFNr Surveying. Job No.: 12-I I I Yrepued by: 1:P\l' Sorveyiny De1C: Angus120, 7.012 File: S:1Umw 2 0 1 2112-1I I Lower Segnln\I 1.615 ncres.dnc 14Ii03 Huebner Rtl. Bltlo 40. Sen Mlonio. Texas 70230 ° Phona: (2101 970-fl444 o Fax: 12101 9788441 ° wvrveklmenolneers.mm sos3sooss ExhiUit "G", Page 4 Exhibit "H" Form of Assignment [attached on the following 17 pages J sos3soos.s Exhibit "H", Page 1 After Recording, Please Return To: Attention: STATE OF TEXAS COUNTY OF BEXAR PARTIAL ASSIGNMENT OF RIGHT OF FIRST REFUSAL This Partial Assignment of Right of First Refusal ("Assignment") is entered into as of the day of , 201_, by and between Croton Properties, LLC, a Texas limited liability company ("Assignor"), and a ("Assignee"). WHEREAS, Assignor and the Schertz-Cibolo-Universal City Independent School District, a political subdivision of the State of Texas (the "District"), entered into an Agreement dated as of September 19, 2008 (the "Croton/District Agreement"), regarding the construction of certain sewer facilities (the "Sewer Facilities"). WHEREAS, the City of Schertz, Texas, a Texas municipal corporation (the "C~"), and the District entered into an Interlocal Agreement Between Schertz-Cibolo-Universal City Independent School District and the City of Schertz dated as of November 4, 2008, regarding the Sewer Facilities (the "Interlocal Agreement"). WHEREAS, the City, the District, Assignor, Fred Development, LLC, a Texas limited liability company ("Fred Development"), and Cygnet Limited, a Texas limited partnership, entered into an Agreement Regarding Sewer Facilities dated as of September 2011 and recorded October 6, 2011 as Document Number 20110178945 in the Official Public Records of Bexar County, Texas (the "Sewer Agreement"), which Sewer Agreement amended certain terms of the Croton/District Agreement and the Interlocal Agreement. WHEREAS, the City, the District, Assignor, Fred Development, and Gordon V. Haztman Enterprises, L.P., a Texas limited partnership, entered into a Second Agreement Regarding Sewer Facilities dated as of March 13, 2012 and recorded March 26, 2012 as Document Number 20120055028 in the Official Public Records of Bexar County, Texas (the "Second Sewer Agreement"), which Second Sewer Agreement amended certain terms of the Croton/District Agreement, the Interlocal Agreement, and the Sewer Agreement. WHEREAS, the City, the District, Assignor, and Fred Development entered into a Third Agreement Regarding Sewer Facilities dated as of _, 2012 and recorded 2012 as Document Number in the Official Public Records of Bexar County, Texas (the "Third Sewer Aereement"), which Third Sewer sosssoos.s Exhibit "H", Page 2 Agreement amended certain terms of the Croton/District Agreement, the Interlocal Agreement, the Sewet• Agreement, and the Second Sewet• Agreement. WHEREAS, the Croton/District Agreement, the Interlocal Agreement, the Sewer Agreement, the Second Sewer Agreement, and the Third Sewer Agreement are collectively referred to herein as the "Agreements". WHEREAS, the Third Sewer Agreement authorized a transfer of a portion of the Retained Croton Property ROFR (as defined in the Third Sewer Agreement) to the New Property (as defined in the Third Sewer Agreement and as set forth on Exhibit "A" attached hereto and incorporated herein for all purposes) without the need to obtain any additional consent from the City, the District, or Fred Development. WHEREAS, Assignor is the fee simple owner of the Retained Croton Property. WHEREAS, Assignee is the fee simple owner of the New Property. WHEREAS, Assignor desires to transfer a portion of the Retained Croton Property ROFR from the Retained Croton Property (as defined in the Third Sewer Agreement and as set forth on Exhibit "B" attached hereto and incorporated herein for all purposes) to the New Property, and Assignee desires that such portion of the Retained Croton Property ROFR be assigned to the New Property. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Recitals and Exhibits. The Recitals and Exhibits to this Assignment are incorporated herein by reference as matters of contract as if set forth fully herein. 2. Transfer of Right of First Refusal. Assignor hereby transfers and assigns a right of first refusal to equivalent dwelling units of capacity in the Sewer Facilities from the Retained Croton Property to the New Property (such right of first refusal being hansfett•ed and assigned is referred to herein as the "New Property ROFR"). 3. Runs with the Land. The New Property ROFR shall tun with title to the New Property and shall not be transferable to any other property without the prior written consent of (a) the City, (b) the District, and (c) the owner(s) of record title to the New Property. 4. Subject to the Agreements. The New Property ROFR shall be subject to and governed by the terms of the Agreements, including, but not limited to, the provisions regarding the payment of SFR Fees (as defined in the Third Sewer Agreement), Managements Fees (as defined in the Third Sewer Agreement), and impact fees. 5. Counterparts. This Assignment may be signed in one or more counterparts and all such counterparts shall be treated as one agreement. 6. Effective Date. This Assignment shall be effective once the fully executed and acknowledged Assignment has been recorded in the real property records of Bexar County and sos3soos.s Exhibit "H", Page 3 once a recorded copy of the Assignment has been delivered to the City, the District, and Fred Development in accordance with the notice provisions of the Third Sewer Agreement. Exhibits. The following exhibits are attached to this Assignment: Exhibit "A" Legal Description of the New Property Exhibit "B" Legal Description of the Retained Croton Property [Signatures and acknowledgments on the following pages] sosssoos.s Exhibit "H", Page 4 SIGNATURE PAGE TO PARTIAL ASSIGNMENT OF RIGHT OF FIRST REFUSAL IN WITNESS WHEREOF, the undersigned has entered into this Partial Assignment of Right of First Refusal as of the date of the acknowledgement. ASSIGNOR: CROTON PROPERTIES, LLC, a Texas limited liability company By: Todd Burek, its Managing Member STATE OF TEXAS COUNTY OF BEXAR This instrument was acknowledged before me on the _ day of , 2012, by Todd Bmek, the Managing Member of Croton Properties, LLC, a Texas limited liability company, on behalf of said limited liability company. [SEAL] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: sos3soos.s Exhibit "H", Page 5 SIGNATURE PAGE TO PARTIAL ASSIGNMENT OF RIGHT OF FIRST REFUSAL IN WITNESS WHEREOF, the undersigned has entered into this Partial Assignment of Right of First Refusal as of the date of the acknowledgement. ASSIGNEE: a By: _ Name: Title: STATE OF COUNTY OF This inshument was acknowledged before me on the _ day of the a [SEAL] 2012, by _ of on behalf of said Notary Public in and for the State of Printed Name of Notary: My Commission Expires: sos3soos.s Exhibit "H", Page 6 Exhibit "A" to the Partial Assignment of Right of First Refusal Legal Description of the New Property [Set forth on the attached four pages J sos3soos.s Exhibit "H", Page 7 Tract 1: ~i, suurr:rm~c I+fELI) NOTES CUR 76,365 ACRES A 76.765 acre Iraq of land, being all of :r 76.765 acre bncl of lan[I, conveyed to Millou rani llillie Pricscnhnhn of reconl in Vohune 8377 Pngc 487 of the ORcial Public Records of Bexnr Cmmly, 'Texas and being onl of the Julian Dixz Survey No. 66, Abslracl Nn. 187, County Block 5059 and the F. Rodriguez Survey' No. 84, Abslrael GU9, Caurly Block 506(r, 13esnr Caunly, Testis, sihinled pnrtiolly in the Ciq' of Schertz and being more padiculal9y [lescrihed by melcs and bamOs as follmvs: BEGINNING nl n fnun[I Ill" iron rod iu the sonlheast right-of=wny line of Laver Seguin Road mrd fa' the unrtheasl corner of :I 5.50 acre hncl of I:md cont'eye[I In Linda R Goodenough and Sadie L. Phillips of recorcl in Volume 5995 I'ugv 216 of the OBicial Public Records of Desnr Canul)•, Testis and for fhc naihorly narlhwcsl comer of the 76.765 Here Imcl al[I the h'acl described herein, from which Fl found IY2" IfUll In[I f01' 1110 IIaAh\\'C51 ttA'lll'f Of Ilse 5.50 flCIC IInCI hears S $9° p6' S$"\V, n dislnuce of 525.06 feel; THENCE: \Vith the soulhcasl rigid-nf--way' line of Lmrer Seguin Bond and Ole nmthrvesl line of the 76.36$ the following calls and dislanccs: 1. N S9° 0)' S9" G, s distm[cc of 307.71 feet In a farad I/2" iron rvd for ml angle point, 2. N 59° 0T 22" L', n distance of 1718.75 fee[ In fl set I/2" iron rod a•i(h Bluc 1'laslic Cap Staupal "KP\V Surveying" for a nmihcasl corner of the tract dcsa~ihed heroin, 7. S G9° 58' 2G" G, a distance of 69.59 fee( to a set 1/2" irou rod with Rlne 1'Inslic Cap Slanglc<I "I<P\\' Surveying' for ml angle point, 4. S 52° 32' 12" P:, a dislnnce of 94.35 feel to n sef I/2" irou rod with Blua Plastic Cap Stamped "I<P\V 8unroying" farm[ mrgle paint, 5. S 40° 115' 45" L', n distance of 157.35 feel to n set I/2" imn rod n'ith (Slue Plnslic Cap Slumped "K P W Surveying" for mr nngle pninl, 6. S 39° 02' I7" P:, a distmlec of 276.28 feel to a scl I/2" irou ro[I with Rlue Plnslic Cnp Stamped "KP\ir Surveying" for nn m[gle point, 7. S 40° 03' 48" E, n dislnnce of 105:22 feel to n set 1/2" iron rod lvilh Olue Plnslic Cnp Slamped'RP\\' Suneying" for nn nnglc point, 3. S 51° 56'30" F., n dislnuce of 110.45 feel In o scl Ill" irou rod with 131ue Plastic Cnp Stomped "KP1V Surrcying" for m[ nngle point, oud 9. S 64° 50' OS" li, n dislmree of 161.89 feel to n scl I!2" iron rod wish Ohle Plnslic Cap Slnugred "I(I~\V Sureoying" fa' m[ angle point; THENCE: nlong and with Olc bank of the Cibnlo Creek the folloo~iug calls and dislmxes: 7. S 74° 5T 20" B, n dislnnce of 122.76 feet to nn angle point, 2. S (,1° 35' 37" H, n dislnnce of 102.18 feel to an angle point, 3. S 32° 43' 0"1" E, n dislonce of 79.55 feel to mr angle pninl, 14603 Iluehner Ha. Blda. 40. San nnlonlo. Texas 78230 ° Vhone: 12101 U7&&144 a Fax- 12101 0708441 ° vnxv.k(wenninenrs.com sos3soos.s Exhibit "H", Page 8 d. S 32° 44' 20" E, a distance of 5417 feel to mr angle point, mid 5. S 07° 24' 02" E, a dislance of 75.02 feel In nn angle poiul; THIsNCF.: S 59° 34' 36' N' with tho norh line of a 194.101 Here tract of land couvcycd (o toe Frazier Brown of rccvnl in Volume 5817 I'agc 450 of the Official Public Rcco:ds of Bcsar Couuty, 'texas mul with a south lice of the 76.365 acre tract, al n dislance of 58.64 feel passing n found I/2" iron and set I'm' reference and continuing for a total dislmlec of 3022.55 feet to n set I/2." iron ro[I for the southeast cornet of a 8.132 Here tract of Imul cvm~eyc[I to ICarcn bfarx hischer of retard iu volume 4704 Page 497 of the Official Public Recorcls of Hexar County, Texas and for Ore southwest comer of the %6.765 acre Iraq of land mul the tract described herein, from which a Immd I/2" iron rod for the soutlnccsl corner of (he Fischer 8.132 Hero tract bears S 59° 37' 37." \H, a dislance of 247.03 feet; 'PHENCI•,: along and with the easterly lines of Ore Fischer 8.132 acre hmet mxl with Ilre weslcrly lines of the 76.365 acre Iraq the follwring calls and [lislmrecs: I. N 30" I6' I6" \V, a dislance of 580.05 feel to n found I/2" iron rod nn angle point, 2. N 7.4° OJ' 40" C, a distmtce of 75.21 feel to n fmuul I/2" irou rvd nu rwglc point, and 3. N ]0° 24' 32° 1V, n [listnuce of 188.62 feel to n scl 1/2" irou rod with Dlne Plastic Cnp Stamped "19' W Surveying" For the southwest corner of n 5.50 acre Uact of land convoyed Io Linda R. Goodenough nod Sadie L. Phillips of rx;cor[I in Volume 5995 Page 216 of Ore Oflicinl Public Recmxls of 13exm' Couuly, Tcsns nod for n weslcrly norlhxvesl cooler of the 76.365 acre hacl and the hacl described herein; 1'IICNCG,: N 59° 48' 43" li with Ilre srnilh line of the 5.50 acre hate and a north line of a 76.]65 ncrc hacl, a [lislance of 525A3 Ibet to n Ibun[I I/2" iron ro[I for Iltc soulheasl corner of the 5 50 ncrc tract nu[I an interior corner of the 76.365 Here Imet and the tract described herein; 9'HliNCI: N 3(I° 25' 07" W with the ens[ line of the 5.50 acre tract and n westerly line of the 76.365 acre Iraq, a distance of 459.12 feet to the POINT OP 13liG1NNING and containing 76.765 acres w' 3,326,459 square feel more or less, in the City of Schcrtz, Hcxm' County, Texas mrd being described in accmxlance a~ilb o surve}• prepared by KF\V Surveying. Job No.: 12-I I I Prepared by: KPW Surveying Dntc: Seplcnrbcr 05, 2012 Pile: S:\Drae• 2012\I2-I 1 I Lmvcr Seguin\76.77 ncres.doc 14603 Huebner Rd. 01[Ig. 40, San Antonio, Texas %8230 ° Phone: (210) 979-8944 ° fax: (210) 979-&47 ° vrvNakhvenflineers.wm sos3soos.s Exhibit "H", Page 9 Tract 2: V, RIRLU NO'1'1?5 I+OIj Slllt\'G1'I\C 82.506 ACRI?S A S2.SOG acre Iraq of InuA, being all of n 70.824 acm Irncl of land, called'1'racl I I find all of a 11.630 acre pact of land, cnlletl Trace 1, conveyed In Dmmie K. roue Cindy A. Fischer of record iu Volumm 13622 Pnge 2403 of the OOicial Public Records of pcxnr Comely, "I'cxns roue Being out of the Julian Diaz Survey No. GG, Abstract No. 137, County plock 5059 pexnr Cmutly, Texns, siumled pnrlinlly in the City of Schctlz mtd Being mme paNiculnrly described By neles and Buunds as follows: 111iG1NNINC al n found I" irou pipe in the norlhwesl riglu-of--way line of Lower Seguin Road noel for the soulhensl canter of n 135.06 acre Imcl of Intl rnnveycd to t\4ihnn Friesenhnlut of record in Yolunw 74231'ngc 621 of the Op7cinl Public Kecorcls of pcxar Cranny, 'texas :nut for the soulhwesl comer of Trace ti (70.824 ncre tract) mtd for the soullnvesl corner o(Ihc Imct described herein; 'fHENCIs: N 70° O6. 50" 1V \vilh the west line ofTrncl II (70.824 noes) and wish au cast line of the 135.06 ncre trace of Innd, a distance of 1497.73 feel to n fantd I I l2" iron pipe for rat interior cnrucr of the 13s.OG nac Iraq mld the northwest tooter of'frncl 11(70.824 acre trace) auJ the tract described herein; TIfENCE: N 59° 12' 46" G with a smtlh lint of the 135.06 ncre Irncl and the north lint of Tract II (70.524 acres), n dislnnce of 1864.15 feel to n found 1" iron pipe for n nalherly sanlhtnsl comer of the 135AG acre pace and n soulhwesl tooter of a 127.7 acrt pace of land cnuve)'ed to Depose pnuntann of record in Volume 2059 Pnge 345 ofthe Ueed Records of pexnr Conaly, "texas and au angle point in the Iraq described herein; Tt1ENCE: N 59° 12' 43" p with a south line of the 127.7 aac Iraq and the nodh line of Trnc1 II (70.324 acres), n distnnee of 217.33 feel to n found Ill" iron red pipe with "13L5 2024" enp In'the norlhcnsl comer of T7acl II (70.824 acres) and the nmlhwesl corner of Trace 1 (I LGRO acres) noel the an angle point in the north lino of the pace described heroin; '171ENCE: N 59° 21' 9G' G eonliuuing tvilh n south line of the 127.7 acre Iraq noel tvilh the north Tine of 'I'raq I (I 1.660 acres), a dislmtce of 336.50 free to a found 1/2" iron rod for the am4hwest corner of n I LG51 ncre lracl of land convcynl to rl9ihon end pillic Pricsenhahu of record in Volume 5056 Page IS2 of the Official Pohlic Itecnuls of Bexn County, Texns noel for the northeast corner of Trace I (I LG60 acres) :urd the q'ncl described herein, from \ehich a found I l2" irou roJ for Ilte northeast cnrucr of the I LG51 :rare Imcl bears N 59" 16. 19" L', n dislnnce of334.23 fecF T14ENCE: S 2S° 40' U2" E u'ilh the west line of"the I LG51 ncre Uacl and the call Ihm of Tiacl I (I LGRO noes), a dislmlce of 1.199.41 feel to a tonne Ill" iron rod in the narlh righ4ol=way line of Lower Seguin Rond and fa• We soulhwesl coruer of the I LG51 Here Irael and the southeast comer of'frncl II (1 I,GSO acres) ante the trncl described herein, Gvm which n found I/2" iron rod for the southeast corner of the I LG51 acre trace Bears N 59° OG' 41" C, n dislaucc of 341.33 feet, TIiENCE: 11'ilh the north right-of-wn)' line of Lower Seguin Rond and the south line of'fract I (I I .GRO acres) noel "frncl I I (70.824 acres) the tollmving calls mtd distances: L S 59° 19' 22" N', n dislnnce of 33').87 feel to n found 1" iron pipe for the soulhwesl corner of 'I'raq I (I LGSO acres) and the suulhenst corner ofTmcl II (70.824 acres), nut 2. S 59' 21' 32" N', :r dislnnce of 2042.55 feel to the POINT OR 11ACINNING and conlnining 82.506 acres or 7,593,961 square leer mmc or Icss, in the Ciq' of Scheriz, Dex Count}•, Texas mtd Being described in necordmtce with n sun'ey prepared By K F\V Surveying. ~ ~, , loB No.: 12.111 %~ , ' ~(~ r ~/ ~` \ 1'rtpnred By: KI'1V Sunveying I 4 / ~/ i s - j\\ Onlc: Augas129, 2012 \ 1 1 5 File: S.1Urmv 20 1 211 2-1 1 1 Lotver Rc6niu182.50G neres Jac \ r Ifl tilt\~1ti1 ~ ~t)) 14603 Huebner RU. Bldn. 40. San Amenlo. Texas 70230 ° Phone; (2101 0700444 ° Fax: (210) sos3soos.s Exhibit "H", Page 10 Tract 3: (t suuverlvc PIPLD NOTES roil u.~ls ncnrs An I L615 Here Irnct of lmtd, being all ofa I LG51 ncre Irml of lond conveyed to Ivlillon and I)illie Friesenhalw of record in Volume 5056 Pnge I S2 of the OfYlcinl Public Reconls of [iexm Cmutl}', Texas and being out of the Julimt Dioz Survey No. 6G, Abslrncl No. I67, County 131ock 505913exar Counly,'fexas, situated partially iu the Oily of Schcdz nud being mme pnrlieulnrly described by metes and bounds ns follows: ISLGINNING nl a fowW I/2" Iron rod in We nonlnvev fight-of-\vay true of Laver Seguin Road and for 0te smuheast comer of n of a 11.630 ncre Imcl of Innd, cnllcd'1'rncl I, convcycd In Donnie K. mid Cindy A. Fischer of record in Volunm UG22 Pngc 2403 of the Ollicinl Public Rccnrds of Bcsnr Couny', Texns and fhc soullnvesl corucr ol'llte I L(SI ncre O'ncl mrd the Irnel descrihcd herein; 'CHtiNCLr: N 7.S° 4G 02" \V with the cost Ihtc of Tmcl I (I 1.680 noes) and with fhc cost line of the 11.651 ncre Tract of Innd, n dislmice of 1497 41 feel to a found I!L" irou rat in a south line ofa 127. %ncre Irncl of land convcycd to Delrose F3nnmm~n of record In Volnuto 1.059 Page 345 of the Deed Records of i3ex:n' Count}•, Texas, For the northeast corner of Tract 1 (I LG60 acre) and the uotlhaest corner of Ote I LG51 and the tract described hcrciu; T'IiGNCi;: N 59° I S' 19" E wish a south line of the 127.7 acre uncl, a dislmrcc of 334.23 feel to n found 112" iron rod in a west line ofa 27.8 ncre trncl of Innd conveyed to Lair}' W. Enummw c1 nx of reconl in Volume 1 1104 page I I of the Onicinl Public Reconls of Bexm~ County, Texas curl far the northeast comer of Ibc I LG$ I acre Iraq mul the Irncl deserih.^.d herein; '17IGNC):: S 2S° .SG 14" E w'ilb the cost line of the 11,651 ncre Irncl and n w•esl line of the 27.8 acre Irocl, n dismncc of 1496.02 feel to a found 1/2" irou rod in the north right-of-+vny line of Lo+vcr Seguin RoaJ m+d fm the smnhwesl corner of the 27.6 acre hacl and the soullleasl comer of (be I LOST ncre h'nct and the Imcl descrihcd herein; '1'HGNCI: S 50° OG' 41" \Y with Ilw north right-ol=way line of Lowm~ Seguin RonA and file sonlh true of the I LG51 Here finel, a distance of 341.33 feel to the 1'OIN'P DC I3);GINNINC and conmining I LG1S acres ar $OS,949 squnrc feel nmi_e or Icss, bt the Cily of Scheriz, Eexar County, 'Texas and being dcscriheA in necnrdnnce wish n surecy prepared by KPNr Surveying. Job f\'o.: 12-I I I Prepared by: KPIS'Survcying Dare: Augnsl 29, 1.011. File: 5:1Umw 2012\I2-I I I Lower Se6ulu\I L615 acres.duc 14603 Huebner Rtl. Rldo. 40. San Mlonio. Texas 76230 ° Phone: 1210) 070~R444 ° Fan: f2101 979-6441 ° un•+vakfwenaineers.com sos3soos.s Exhibit "H", Page I 1 Exhibit °fB" to the Partial Assignment of Right of First Refusal Leeal Description of the Retained Croton ProRerty [Set forth on the attached six pages] sos3soos.s Exhibit "H", Page 12 Tract One: April $, 2007 l;El1Jf1 139,403 ages ofiand, uioxe u><.iese, being cotpprlseil afnpprvxidately 7S.69U acres out of Eire M31es ~, 8cntlezt:5ufvey i~a. 93, Albsttact bi, Cawnty ~lnek Sp~~`; a cox:irrtately 5x.929 acres ootofttte:fialian 0#az ~tirV0lr TsTp. bfi, Ahstrteet 787, Catnty lilaek:Sil5and appraxima#eiy 6.284 acres out of tbi:lNillam 13racken;~Ittvty NtY, 74, Abstract 43. Ct>tinty 131oe1k 8456, Scxar County, Tt:xtis and alsabelAg aPpre~Itgatcly 24,4%acres autof a 112,G1 acre tryst described in volume 3013, Page 94(1• tfnd apprux~(nali~+ly i 10.407 acres vp4.al.a i 13,6~~xts'cratx drscrii)ed in Yoluma.3t}19,>Page~42 ottlte~pear111esotda afl3ettat: Eotutty,'CaXas and be#rig tnorep;<rtleuiariy dtsc~ihed as follatv9: ~ECINWINC at nalconp'tpe fbndd;lu tfig ts7?>Bting,northwest 12.q:1Y-1[n~ oPfAtiver Seguin Road for tttc most ea8ct:tly carver ~i'thi§ trnet grid tits enact tat~atertli tbrhti of the above xcf6reaced 175,53 earetrur, acid po3nt~str 6oiagttzc.uiostao~y cotnet•4fa13~.U6 acre trace~dcleribed in Yvlutnr-7428;1?agc Cfll of tfte Rnaf Yrvpcrty ktecords of Rexar-County, Texas; T1~NGE, S 60°03'37"W,.571.48 feet alaag t;ald nonhwect~t,d. W, ilne to a8 iroa roe found for an angle poigt of ehls tracE; TI~1~NC~, N 85°31'23"'i11; 1E82,78:leet picsngthe;exlstiag north RA.~: 1lneof l.owor Seguitr Rand to an iron`rad'found fat a aareidr df th7m trpCt; 7111'SNC£, N 13°21'34" 1Y, 33?.83 icctalan$:tfu ao>~ann ]iAes with a 1,227 acct traCC elesar[bcd in Yolurue $`I46,1?age 1.833 tifthddteal-Pr4pt6tty 12esorda afScxar.County, Texas town Aran rod found far a coiner°a€ thi9 tract tt5d the ntsist iattfieastidly tavtucx df saId 1.227 acre tract; THENGt;, S 70°48'25° W, I71,.64 feet aiottg tbeaommaq line with said Y.227 acretrart fa a R-it nail round iq a post fora corner of tiffs tract and the most norAtvYesteKiy carnet of stlid1.227 acre acct; THENCE, N Z9°51'53" w, 7v4.2U feet clang the ce~moa tint: with an 11.30D acre tract, surveyed the 1'Ai1.tfxy of AuRtta~; 2006 to aq iron7od fottttd:in.ittc.cornntorii#ne with a3~:8'74 core trace described iu Volume 1?~3$. irsge lb3 Qf the S~aa1~?tbpQity Raids o€;»e~r Cauary. Texas; TFIENC~,13 Sd.°351`22' £.7A8.32.~ot along the commonliae wtih sakS 35..$74 sere uaai to an iron rod Y'oupd for a corner of this traetaud t}i's m9st eds~crly caritnt 4f said 35.87A acre tenet; 3'HENt;E, N 30°01'00' W, 1618.98 feet along the common 1#ne with Said 95:ti7R acre tract to an iron rod found in t#te cQtntn©n 1Gu with s 29.980 acre tract descn'bad in ~7oiurne 5206. Page 582 of the Acct PYOpeYty lttcords a# ~exar County, Texas for c{~e most westerly. corner of this tract and the mast northacly earner of acid 35.874 aar4.rtt3at.; -THt?NCE, t4 60°2`L`9ti']3, 1880.94 feet along the ernruoon line with sal(1 29,980 acre tract;and. a 15.255 ntre tree t dasetibcd is Voi'ttmr 8604, Page 176.of.t7ts; Real Frt~perty Atcords of 18cxar County, Texas to an Iron tad l'bunt! for ~sormr otthls.tr:3ct; sosssoos.s Exhibit "H", Page 13 -Page 2{134.903 acres) TH'$NC'k, 5 29`9S`QS" $, 32{).00 latij7PAg4he corrimeu #~ with Ei t4,48-acre trapf desprlbed iil Vntnmc 6tS2'l, Page 338 of the ~tcal Prr~sty Rccottls.:oP Baiter bounnttyy Texas to arr'iraa rod found for an interior comer of this tract artd #lc most sourhr~iy coYner of said 14.4't# here iractF TH>5N. Cli, N SO424'S5" Z;, d4~.W feet along tare coixsmon Fine rvlth said id:49 acre trae¢ to an ison N7Pe. found fat rha moat nprtheriy aadser of thin trACi a,ird tbie.rrFppL noxrherly ¢orn8r of said 7 35.63 acrd ~uacc; '7'k[$NC6, S 3.0'1$'36" E, 13$7..50.fe~ trlpa$.the sotrirlwttle4cF:7Fne with ah3i1735.UGacpe tract roan iron rod found #n same for an ang#e poi»t of this tact; TH>T3CE, S 29°52!56" 8, 78p3.7fF feeri cnntirruirrg along the corruxroa far}ex 3#na with said 135.06 sere tract ro rho Pt)IP7'!' OP A~~~TN7N4 and coataiiiin~' 139.9D3 acres of land, aroro or less. Nate: plat siso prepaead t}a , daj!, ~. ~ 1 . Ara ~ ;~J~~: oglstored Ptofesaip X,ar~d.Siutx'eyor lvn. 2034 3=N02.157.A2 sosssoos.s Exhibit "H", Page 14 Tract Two• 1+A iYt;1"a"tS4i Bags 3 (4tt.t167 ®pregl 7vlat~Ch 2, 2~7 At140.067 ac3•trs Pf'laad, riiard ar less, out~£ tlio Iyllles 3, Sslkgait Survby No. 75, Aiisaract 61, County Aloclr~.057:13axar• Coun.~, Togas and a1SO bE:tng nQmprteed ofap~o~Lna~?3}' 39,641 BCres aIlL of a 11.61 flare trnct dastxibedin valtur<e 3D13;-~xge 34Q,.:8nz~ +Goupty, Testes sod appraxttately O,~iO. aara,.b~pg ~~. of Trainer ~lgits lioad t;~bantiosttx7).as referenced in Ytsltlme 8423, Page 852, of tl-a Deed Recazds of $exar Cauttty, T'axas cad being mare particularly described as follows: BEG1I~NiNt3 at as iron lad f6nprint the'iptttrseetlop of this t~tisttng ual~vVest R.O.W.1lne pf [,rtwer ~isitt lltted artd t~C centerline of ~'raincr Male Rosd {ALandonet'1) for the' mostaoixtLerly corset of thls ttaat, said _puintheing;5 St]°fY2'~'~` W, x:45 feet float she roost southerly cornor of the above reforapcesl 112,11 aCics user; TIiFNCE, l~l 30°01'44" VJ. 785,26 feet along said centerline to 1111 itntt rod found at the inters~tlon witL the existing norlLeast 1't.().W, litre afp, M. Highway 131.6 fvrshe beglntiing of a curve to the 1ett; T1ik3NCEC, in anprthwesit~ly dtrecttan,along,;;aid aorthGas# It,A.VU. line 4f F. M. Highway I51.6 with a Cttrve booing a' ctpttal ataglerof ~°3S'S6", a:radfus of 29tli:f1(# feet, a tangent distance of ?A3.91 felt, an axe lengt~+ of +ll#¢,fr8 feet and a cLvrd. lteariog and dtataucs of N 25° I3'tY2' ylt, A'$d.11 feet to a broken co#tcree ]2.O,VP, autrker found for tTte encl. of tltls ctuvc; TFIENGE, N 30°t}l'pp` ilf, (itsf, F1rg,) 759.84.114 feet al+lug sgiS tum~theast It,C'r::i,Y. Iine to an iron rod f{ttutd iti same foe rite beginning of a curve to the right; THi?~tdCE, along the ctixlmion Iiru vflth a ;13.674 acre tr$CC llesariikiti In Volume 12636, Page I63 of tttn lftea] Property lteanrrls, 9exaf.Conniy, Texas is a tear[Ge;isterly dirtsction elvpg aa(d curve having a central angel of 94°21'41°, a radius of 23.00 feet, a tangent dlstattce of 25.16 feet, .an arc lepgtL of 39:43 feet, sad a sLord bearing sad distance of N:LS°09'59 "~, 35.41 feet tri art iron rod found is setae for d~ t+tu1 o.f tins curve, THENCE, N ¢0°20'47" A,. 7$Q,24 teoi, slung the corrunon:Iiae •w}th Said 95-.874 acre tract attd being 60.40 3'eet'from and garaile[ w rite nvrtliwest tine of said 112.G1 sots tract to an iron a•ud found for tLe begiunin$ of'a curve to the night; THENCE, aloag.YLe cnrttmatz line with said 35.574 acre tract. ia.a Soutlit:asterl}r direction along said curve Laving atenual angle ofEA°38' I3', nradiue of2S.40 fit, a tangent distauco of 24.84 feet,. tilt ars lengtL of 39. kl feet, and a chord bearing akd. distaacs 6f 5?4°SD'a&" Fs, 35.24 feet to an Iron rod found far the and of this curve; - THIrNCE, (# 3Q°OI'(l0" ~; 1389;8I feet along the common line witL ssicl 35.874 acre tract to an ironrod feund for tLe mast soytiterly comer of said 35.874.ncre tact and the moat westeeiycottter of nn 11,SOO. sera tract deacritied in Yolun>a 1265&, Pogo 1,b9 of the Real Property Recozds,l3exar County, Texas: sosssooss Exhibit "H", Page 15 L'ago ~ '14n.D67 pia.} 'I'~i•IC~, S 29°18'i18" E, 511.5 feel along tho coutman tins with said 11,500 ecru tract to an iron rod found 1a the existing' nc~rlh Lt.0.W.1ine 6fLowcr Seguta Read for lLe mast easterly cgroo[ of this lypdt air$ tho uwst aossettccly caratcr ofsald 1I.SOit pert triset; TH~NCB, N 85'1'23° W, 134,17 feetalnng the~o~h ~•.43.W. tinetasniron rod found fpraa af~~1e palm of ibis traLt and the cQrtullnn corner of said 112.61 acza traet at~d said 115.63 acre treat; t Bt~e DINT O~ ~+Gi1+Tf~IttTE# and cont~iaiug dD.06T acre of land 1 mo~c o lrss se~uid Road Nate: Plat ~Suxs+eyur Np. ?A7A SAVE AND EXCEPT THE PROPERTY DESCRIBED ON THE FOLLOWING TWO PAGES. sos3sooss Exhibit "H", Page 16 PROPERTY DESCR1pTI0N OF 137.51 ACRES OF LAND PARTIALLY IN THE CITY OF SCHERTZ, BEXAR COUNTY, TEXAS OUT OF THE MILES S. BENNEFT SURVEY NO. 75, ABSTRACT N0.61, COUNTY BLOCK 5057, THE JULIAN DIAZ SURVEY N0. 66, ABSTRACT N0. 187, COUNTY BLOCK 5059 AND THE WILLIAM BRACKEN SURVEY N0. 74, ABSTRACT N0. 43, COUNTY BLOCK 5056, BEXAR COUNTY, TEXAS AND ALSO BEING OUT OF A 139.903 ACRE TRACT bESIGNATED AS TRACT I DESCRIBED 8Y DEED RECORDED IN VOLUME 13560, PAGE 1939 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; SAID 137.51 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING; AT A FOUND 1"IRON PIPE ON THE NORTHWEST RIGHT OF WAY LINE OF LOWER SEGUIN ROAD BEING THE EAST CORNER OF SAID 139.903 ACRE TRACT AND ALSO BEING THE SOUTHWEST CORNER OF A 135.(16 ACRE TRACT DESCRIBED BY DEED RECORDED iN VOLUME 7423, PAGES 621-624 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; THENCE: ALONG THE NORTHWEST AND NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD, THE FOLLOWING: S, 59° 49' 41" W., 571.30 FEET TO A FOUND ~/i' IRON PIN WITH YELLOW CAP STAMPED "BLS 2024"; N. 85° 44' 03" W., 1682.81 FEET TO AFOUND'/a"IRON PIN WITH YELLOW CAP STAMPED "BLS 2024" BEING THE SOUTHEAST CORNER OF A 1,227 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 13873, PAGE 2232, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON P[N ALSO BEING THE SOUTHWEST CORNER OF SAID 139.903 ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE: LEAVING THE NORTHERLY RIGHT OF WAY LINE OF LOWER SEGUIN ROAD ALONG THE WESTERLY BOUNDARY OF THE HEREIN DESCRIBED TACT, THE FOLLOWING: N, 13° 37' 14° W., 337,63 FEET ALONG THE EAST BOUNDARY OF SAID 1.227 ACRE TRACT' TO A FOUND ~/z" IRON P!N WITH YELLOW CAP STAf4PEp "BLS 2029" BEING THE NORTHEAST CORNER OF SAID 1.227 ACRE TRACT; S. 70° 90' 25° W., 172,46 FEET ALONG THE NORTH BOUNDARY OF SAto 1.227 ACRE TRACTTO A FOUND MAG NAIL ON TOP OF A 7" CREOSOTE FENCE POST BEING THE NORTHWEST CORNER OF SAID 1.227 ACRE TRACT'; N. 30° 04' 44" W., 703.DB FEET, ALONG THE EAST BOUNDARY OF AN 11.5 ACRE TRACT OF LAND CONVEYED TO ALTON AND EiLEEN SCHNEIDER BY DEED RECORDED IN VOLUME 3013, PAGE 340, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, TO A FOUND ~Vz" IRON PIN W]TH YELLOW CAP STAMPED "BLS 2024" ON THE SOUTH BOUNDARY OF LOT i, BLOCK 1 AS DESCRIBED 8Y SUBDIVISION PLAT OF RAY D. CORBEI'I' JUNIOR HIGH SUBDIVISION RECORDED IN VOLUME 9600, PAGES 159-161, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; N. 56° 39' 57" E., 246.45 FEET ALONG THE SOUTH BOUNDARY OF SAID LOT 1, BLOCK 1, TO A FOUND ~/z"IRON PIN WITH RED CAP STAMPED "CEC' BEING THE SOUTHEAST CORNER OF SAID LOT 1, BLOCK 1; N, 30° 14' 12° W., 1551.95 FEET ALONG THE EAST BOUNDARY OF SAID LOT 1, BLOCK I, TO A FOUND ~/z" IRON PIN WITH RED CAP STAMPED "CEC' BEING A POINT OF CURVATURE OF ANON-TANGENT CURVE FOR THE SOUTHEAST RIGHT OF WAY TERMINUS OF RAY CORBETT DRIVE AS SI1OWN ON SAID SUBDIVISION PLAT OF RAY D. CORBETTJUNiOR HIGH SUBDIVISION AND ALSO BEiNG THE SOUTHWEST CORNER OF A 2.028 ACRE TRACT OF LAND DESIGNATED AS TRACT ]DESCRIBED BY DEED RECORDED IN VOLUME 14343, PAGE 1954 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID 2.028 ACRE TRACT AND THE NORTHERLY BOUNDARY OF THE HEREIN DESCR1BEO TRACT, THE FOLLOWING; 13,34 FEET WITH 7HE ARC OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 01° q6' 37" ANA A CHORD BEARING AND DISTANCE OF N 59° 50' 31" E., 13.33 FEET TD sos3soos.s Exhibit "H", Page 17 FOUND %z" IRON PIN WITH RED CAP STAMPED "CEC" BEING A PO]NT OF NON-TANGENCY; N, 58° 20' 13" E., 172.15 FEET TO A FOUND yx"IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF CURVATURE OF ANON-TANGENT CURVE; 18.25 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 370.00 FEET, A CENTRAL ANGLE OF 02° 49' 37" AND A CHORD BEARING AND bISTANCE OF N. 56° 55'44" E„ 18.25 FEET TO FOUND 1/z" IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF TANGENCY; N. 60° 20' 32" E., 227.38 FEET TO A FOUND Yi' IRDN PIN WITH RED CAP STAMPED "CEC"; N, 60° 17' il" E., 658.27 FEETTO A FOUND %z° IRON PIN WITH RED CAP STAMPED "CEC' BEING A POINT OF CURVATURE; 260,16 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 370.00 FEET, A CENTRAL ANGLE OF 41° 31' 30" AND A CHORD BEARING AND DISTANCE OF N. 81° 02' SG" E., 262,33 FEET TO FOUND %z"IRON PIN WITH RED CAP STAMPED "CEC" ON THE WEST BOUNDARY OF A 0.708 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME L4343, PAGE 1960 OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PIN BEING THE SOUTHEAST CORNER OF SAID 2,028 ACRE TRACT; THENCE CONFINUING WITH THE NORTHERLY BOUNDARY OF THE HEREIN DESCRIBED TRACF ALONG THE WEST AND SOUTH BOUNDARY OF SAID 0,706 ACRE TRACT, THE FOLLOWING: S, 29° 55' 25" E., 163.58 FEET TO A FOUND `/i' IRON PIN WITH YELLOW CAP STApIPEp "BLS 2024" BEING THE SOUTH CORNER OF SAID 0.700 ACRE TRACT; N, 50° 15' 43" E., 182.14 FEET TO A FOUND %z" IRON PIN WITH RED CAP STAMPED "CEC" BEING A POINT OF CURVATURE OF ANON-TANGENT CURVE BEING THE WEST CORNER OF A 0.289 ACRE TRACT OF LAND DESIGNATED AS TRACT 2 DESCRIBED BY DEED RECORDED IN VOLUME 14343, PAGE 1954, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; THENCE CONTINUING W lTH THE NORTHERLY BOUNDARY OF THE HERE W DESCRIBED TRACT ALONG THE SOUTH BOUNDARY OF SAID 0.289 ACRE TRACT, THE FOLLOWING: 232.79 FEET WITH THE ARC OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 430.00 FEET, A CENTRAL ANGLE OF 31° 01' 04" AND A CHORD BEARING AND DISTANCE OF N. 67° 41' S1" E., 229.95 FEET TO FOUND `Vz° IRON PiN WCTH RED CAP STAMPED "CEG" BEING A POINT OF TANGENCY; N. 52° 11' 19" E., 31.57 FEET TO A FOUND ~/z"IRON PIN WITH RED CAP STAMPED "CEC" ON THE WEST BOUNDARY OF A 25,01 ACRE TRACT OF LAND DESCRIBED BY DEEP RECORDED 1N VOLUME 14298, PAGE 7, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS, SAID IRON PIN BEING THE SOUTHEAST CORNER OF SAID 0.289 ACRE TRACT, AND THE NORTHEAST CORNER OF THE HERE]N DESCRIBED TRACT; THENCE WITH THE EASTERLY BOUNDARY OF THE HEREIN DESCRIBED TRACT, THE FOLLOWING S. 30° 31' 28" E., 1516.78 FEET TO AFOUND %z" IRON PIN ON THE WEST BOUNDARY OF A 135.06 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 7423, PAGES 621.67.4, OF THE OFFICIAL PUBLIC RECORDS OF BEXAR COUNTY, TEXAS; S, 30° 06' 05" E., 1802,58 FEET ALONG THE WEST BOUNDARY OF SAID 135.06 ACRE TRACT TO THE POINT OF BEGINNING, CONTAINING 137,51 ACRES OF LAND, NOTE: BEARINGS USED IN THIS DESCRIPTION ARE REFERENCED Tp THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL 20NE NAD 03-93. sos3soos.s Exhibit "H", Page 18