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any provision of this Resolution are hereby repealed to the extent of such conflict, and the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