12-R-27 - Hold Em Investments - Hunter EstatesRESOLUTION NO. 12 -R -27
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN AGREEMENT WITH HOLD
`EM INVESTMENTS, LLC AND THE RESERVE AT SCHERTZ, LLC,
AND OTHER MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an agreement with Hold `Em Investments, LLC and The Reserve at Schertz, LLC
establishing (i) secondary access to Hunter Estates Subdivision through Ivy Estates Subdivision
and (ii) temporary construction access to Hunter Estates Subdivision and Ivy Estates Subdivision
from Graytown Road; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Hold `Em Investments, LLC and The Reserve at Schertz, LLC pursuant to an
Agreement relating to secondary access to Hunter Estates Subdivision and temporary
construction access to Hunter Estates Subdivision and Ivy Estates Subdivision, attached hereto as
Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with Hold `Em Investments, LLC and The Reserve at Schertz, LLC in
substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and fmdings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
50503921.1
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 17th day of April, 2012.
CITY OF $CHERTZ,
Mayor Pro -Tem
ATTEST:
a5��N�
City Secretary
(CITY SEAL)
50503921.1
EXHIBIT A
AGREEMENT
See Attached
50503921.1 A -1
AGREEMENT
This Agreement is among Hold `Em Investments, LLC, a Texas limited liability company,
together with its successors, assigns, and transferees (the "Owner "), The Reserve at Schertz,
LLC, a Texas limited liability company, together with its successors, assigns, and transferees
(the "Adjacent Property Owner "), and the City of Schertz, a Texas municipal corporation (the
"City "), and is effective upon the execution of this Agreement by the Owner, the Adjacent
Property Owner, and the City (the "Effective Date ").
A. RECITALS
WHEREAS, the Owner is the owner of real property located in the City of Schertz, Bexar
County, Texas, more specifically described on Exhibit A, attached hereto and made a part hereof
for all purposes (the "Property ");
WHEREAS, the Owner submitted to the City a preliminary plat application (the "Preliminary
Plat ") for Hunter Estates, a single - family residential community which the Owner sought to
develop on the Property (the "Hunter Estates Subdivision ");
WHEREAS, on January 11, 2012, the City's Planning and Zoning Commission (the
"Commission ") denied the Preliminary Plat based on a secondary access variance requested by
the Owner and shown on the Preliminary Plat;
WHEREAS, the Owner appealed the Commission's action pursuant to the City's Unified
Development Code, and on February 21, 2012, as modified on March 27, 2012, the City Council
approved the Preliminary Plat but denied the requested secondary access variance, subject to
implementation of the terms of this Agreement;
WHEREAS, a copy of the Preliminary Plat, as finally approved by the City Council on
March 27, 2012, is attached hereto as Exhibit B and made a part hereof for all purposes;
WHEREAS, the Adjacent Property Owner owns the real property located in the City of Schertz,
Bexar County, Texas more specifically described on Exhibit C attached hereto and made a part
hereof for all purposes (the "Ivy Estates Adjacent Property "), which Ivy Estates Adjacent
Property is adjacent to the Property and has direct access to the existing Laura Heights
Subdivision;
WHEREAS, the Adjacent Property Owner filed a Preliminary Plat Application with the City on
March 12, 2012 relating to development of the Ivy Estates Adjacent Property as the Ivy Estates
Subdivision;
WHEREAS, the Adjacent Property Owner owns the real property located in the City of Schertz,
Bexar County, Texas more specifically described on Exhibit D attached hereto and made a part
hereof for all purposes which will be utilized for purposes of a temporary construction roadway
for the development of the Hunter Estates Subdivision and the Ivy Estates Subdivision (the
"Construction Access Adjacent Property "), which Construction Access Adjacent Property is
adjacent to the Property and has direct access to Graytown Road;
50503279.4
NOW THEREFORE, in consideration of the agreements set forth herein and for other good and
valuable consideration, the receipt and sufficiency of which are hereby stipulated, the Owner, the
Adjacent Property Owner, and the City hereto agree as follows:
1. Owner: Adiacent Property Owner.
(a) The Owner hereby represents and warrants that, as of the Effective Date, it has
not conveyed, assigned, or transferred all or any portion of its interest in the Property to
any other person or entity, nor is it a party to any contact or other understanding to do so.
So long as the Owner has any obligation under this Agreement, the Owner agrees with
the Adjacent Property Owner and. the City that it shall not make any such conveyance,
assignment, or transfer unless this Agreement is attached to and incorporated by
reference into the instrument of conveyance, assignment, or transfer and the City receives
a contemporaneous copy of such instrument.
(b) The Adjacent Property Owner hereby represents and warrants that, as of the
Effective Date, it has not conveyed, assigned, or otherwise transferred all or any portion
of any interest in the Ivy Estates Adjacent Property to any other person or entity nor is it a
party to any contract or other understanding to do so. So long as the Adjacent Property
Owner has any obligation under this Agreement, the Adjacent Property Owner may make
conveyances, assignments, or transfers of all or any portion of the Ivy Estates Adjacent
Property to any person or entity, provided this Agreement is attached to and incorporated
by reference into the instrument of conveyance, assignment, or transfer and provided that
the City receives a contemporaneous copy of such instrument.
(c) The Adjacent Property Owner hereby represents and warrants that, as of the
Effective Date, it has not conveyed, assigned, or transferred all or any portion of any
interest in the Construction Access Adjacent Property to any other person or entity, nor is
it a party to any contact or other understanding to do so. So long as the Owner or the
Adjacent Property Owner has any obligation under this Agreement, the Adjacent
Property Owner agrees with the Owner and the City that it shall not make any such
conveyance, assignment, or transfer unless this Agreement is attached to and
incorporated by reference into the instrument of conveyance, assignment, or transfer and
the City receives a contemporaneous copy of such instrument.
2. Construction of Laura Bluff. Prior to the filing for record of the final plat for
the Hunter Estates Subdivision, the Owner, and /or the subsequent owner(s) of any portion of the
Property (all of whom shall be jointly and severally obligated to perform the provisions of this
paragraph) shall construct Laura Bluff at the location shown on the Preliminary Plat from the
convergence of Laura Bluff and Ivy Misty to the western edge of the Hunter Estates Subdivision
as a standard paved local street (50' of right -of -way, with 30' of paved surface), built in
accordance with City design standards, and shall dedicate Laura Bluff to the public on the final
plat of the Hunter Estates Subdivision. The Owner may not file the final plat of the Hunter
Estates Subdivision for record until the City accepts Laura Bluff as a public street.
3. Construction of Connecting Roadway. The Adjacent Property Owner, and /or
the subsequent owner(s) of any portion of the Ivy Estates Adjacent Property (all of whom shall
be jointly and severally obligated to perform the provisions of this paragraph) shall construct
within the Ivy Estates Subdivision a standard paved local street (50' of right -of -way, with 30' of
50503279.4 -2-
paved surface) from the western end of Laura Bluff described in paragraph 2 above to the Laura
Heights Subdivision in the location set forth on Exhibit C attached hereto and made a part hereof
for all purposes (the "Secondary Access Connecting Roadway "), built in accordance with City
design standards and with appropriate culverts over drainage easements. On or before the date
on which the final plat of Hunter Estates Subdivision is filed of record, the Adjacent Property
Owner must (a) dedicate to the City by separate instrument, in form acceptable to the City, the
right of way for the Secondary Access Connecting Roadway, and (b) provide a performance
bond to the City, in form acceptable to the City, in the amount of 125% of the agreed anticipated
cost of constructing the Secondary Access Connecting Roadway. The Adjacent Property Owner
must take all actions required by the City to receive the City's approval of the civil plans for the
Secondary Access Connecting Roadway (a) prior to the City's acceptance of the Adjacent
Property Owner's performance bond described above, and (b) prior to the Owner filing the
Hunter Estates Subdivision final plat of record. The City may call on the performance bond and
complete construction of the Secondary Access Connecting Roadway, if (a) construction of the
Secondary Access Connecting Roadway has not commenced by the date which is 30 days after
the date on which the final plat for the Hunter Estates Subdivision is filed of record; or (b)
construction of the base of the entire Secondary Access Connecting Roadway has not been
completed by the date which is 180 days after the date on which the final plat for the Hunter
Estates Subdivision is filed of record; or (c) if the Secondary Access Connecting Roadway has
not been completed and dedicated to, and accepted by, the City as a public roadway by the date
which is 270 days after the date on which the final plat for Hunter Estates Subdivision is filed of
record. Until the Secondary Access Connecting Roadway is accepted by the City, the Hunter
Estates Subdivision shall have a temporary variance to the City's requirement that all
subdivisions have two (2) points of access.
4. Temporary Construction Access Roadway.
(a) Prior to the commencement of any construction in the Hunter Estates Subdivision
or Ivy Estates Subdivision (including any public or private infrastructure construction),
the Owner and /or the subsequent owner(s) of any portion of the Property (all of whom
shall be jointly and severally obligated to perform the provisions of this paragraph 4)
shall construct (i) a temporary construction connector access point between lots 17 and
18 in the Hunter Estates Subdivision and (ii) a temporary construction access roadway
(the "Temporary Construction Access Roadway ") over the Construction Access Adjacent
Property at the location set forth on Exhibit D, built in accordance with the design
standards set forth on Exhibit E attached hereto and made a part hereof for all purposes.
(b) In addition, until certificates of occupancy have been issued for all homes in the
Hunter Estates Subdivision and the Ivy Estates Subdivision, the Owner and /or the
subsequent owner(s) of any portion of the Property shall (1) require all builders in the
Hunter Estates Subdivision and the Ivy Estates Subdivision to ensure that all
construction- related vehicles larger than one -ton pickup trucks shall utilize solely the
Temporary Construction Access Road for all construction in such Subdivisions and shall
not access such Subdivisions pursuant to the Laura Heights Subdivision, and (ii) maintain
the Temporary Construction Access Roadway in accordance with the maintenance
standards set forth on Exhibit E. The Owner and the Adjacent Property Owner agree that
(1) the failure of builders to ensure that all construction- related vehicles (as described
above) utilize solely the Temporary Construction Access Roadway, or (ii) the failure of
50503279.4 -3-
the Owner and /or subsequent owner(s) of any portion of the Property to maintain the
Temporary Construction Access Roadway in accordance with the standards set forth in
this Agreement shall be authorization for the City to issue a "stop work" order relating to
all construction in the Hunter Estates Subdivision and /or the Ivy Estates Subdivision until
(x) the City has inspected the Laura Heights roadways and roadway damages identified
by the City from construction traffic in the Laura Heights Subdivision are repaired to the
City's satisfaction, or (y) maintenance of the Temporary Construction Access Roadway is
corrected in accordance with the requirements of this Agreement to the City's
satisfaction, respectively. The Owner and the Adjacent Owner shall inform all
transferees of all or any portion of the Property and /or the Ivy Estates Adjacent Property
in writing of such "stop work" provisions.
(c) The Adjacent Property Owner (as the owner of the Construction Access Adjacent
Property) and /or the subsequent owner(s) of any portion of the Construction Access
Adjacent Property hereby authorize the Owner and/or the subsequent owner(s) of any
portion of the Property to build and maintain the Temporary Construction Access
Roadway as required by subparagraphs (a) and (b) above.
(d) The Owner and the Adjacent Property Owner and /or the subsequent owner(s) of
any portion of the Property or the Adjacent Property, respectively, shall be released from
the obligations of this paragraph 4 upon termination of this Agreement pursuant to
paragraph 5. The Owner shall take such actions as it has agreed to with the Adjacent
Property Owner respect to discontinuance of the requirements for the existence and
maintenance of the Temporary Construction Access Roadway.
5. Recordation of Agreement; Termination of Agreement. The Owner and the
Adjacent Property Owner hereby expressly agree that this Agreement shall be recorded in the
real property records of Bexar County and shall run with the Property, the Ivy Estates Adjacent
Property, and the Construction Access Adjacent Property, until the latest of (a) the Secondary
Access Connecting Roadway described in paragraph 3 is completed, (b) certificates of
occupancy have been issued for all homes in the Hunter Estates Subdivision, and (c) certificates
of occupancy have been issued for all homes in the Ivy Estates Subdivision.
6. Approval of Agreement. The City has approved the execution and delivery of
this Agreement pursuant to Resolution No. 12 -R -27, and the Owner and the Adjacent Property
Owner each represents and warrants that it has taken all necessary action to authorize its
execution and delivery of this Agreement.
7. Governmental Immunity. The City does not waive or relinquish any immunity
or defense on behalf of itself, its officers, employees, and agents as a result of the execution of
this Agreement and the performance of the covenants and actions contained herein.
8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties hereto and their respective heirs, executors, representatives, successors, and assigns
where permitted by this Agreement, and the terms hereof shall run with the Property and the Ivy
Estates Adjacent Property.
50503279.4 -4-
9. Counterparts. This Agreement may be executed in any number of counterparts
with the same effect as if all signatory parties had signed the same document. All counterparts
shall be construed together and shall constitute one and the same Agreement.
10. Effect of Waiver or Consent. No waiver or consent, express or implied, by any
party to or of any breach or default by any party in the performance by such party of its
obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other
breach or default in the performance by such party of the same or any other obligations of such
party hereunder. Failure on the part of a party to complain of any act of any party or to declare
any party in default, irrespective of how long such failure continues, shall not constitute a waiver
by such party of its rights hereunder until the applicable statute of limitation period has run.
11. Integration. This Agreement is the complete agreement between the parties as to
the subject matter hereof and cannot be varied except by the written agreement of the Owner, the
Adjacent Property Owner, and the City. The Owner, the Adjacent Property Owner, and the City
each agrees that there are no oral agreements, understandings, representations or warranties
which are not expressly set forth herein.
12. Notices. Any notice or communication required or permitted hereunder shall be
deemed to be delivered three (3) days after such notice is deposited in the United States mail,
postage fully prepaid, registered or certified mail return receipt requested, and addressed to the
intended recipient at the address shown herein, and if not so shown, then at the last known
address according to the records of the party delivering the notice. Any address for notice may
be changed by written notice delivered as provided herein. All notices hereunder shall be in
writing and served as follows:
If to the Owner:
Hold `Em Investments, LLC
14855 Blanco Road
San Antonio, Texas 78216
Attention: Harry Hausman
With copy to:
Earl & Associates, P.C.
15303 Huebner, Bldg. #15
San Antonio, Texas 78248
If to the Adjacent Property Owner:
The Reserve at Schertz, LLC
14855 Blanco Road
San Antonio, Texas 78216
Attention: Harry Hausman
50503279.4 -5-
With copy to:
Earl & Associates, P.C.
15303 Huebner, Bldg. #15
San Antonio, Texas 78248
If to the City:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
Attention: City Manager
With copy to:
Michael Spain
Fulbright & Jaworski L.L.P.
300 Convent Street, Suite 2100
San Antonio, Texas 78205
13. Lelzal Construction. If any provision in this Agreement is for any reason
unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among
the parties, such unenforceability will not affect any other provision hereof, and this Agreement
will be construed as if the unenforceable provision had never been a part of this Agreement.
Whenever the context requires, the singular will include the plural and neuter include the
masculine or feminine gender, and vice versa. Article and section headings in this Agreement
are for reference only and are not intended to restrict or define the text of any section. This
Agreement will not be construed more or less favorably between the parties by reason of
authorship or origin of language.
14. Recitals. Any recitals in this Agreement are represented by the parties hereto to
be accurate, constitute a part of the parties' substantive agreement, and are fully incorporated
herein as matters of contract and not mere recitals.
15. Time. Time is of the essence. Unless otherwise specified, all references to "days"
mean calendar days. Business days exclude Saturdays, Sundays, and legal public holidays. If
the date for performance of any obligation falls on a Saturday, Sunday, or legal public Federal or
Texas state holiday, the date for performance will be the next following regular business day.
16. Choice of Law. This Agreement will be construed under the laws of the State of
Texas without regard to choice -of -law rules of any jurisdiction. Venue shall be in Bexar County,
Texas with respect to any lawsuit arising out of or construing the terms and provisions of this
Agreement. No provision of this Agreement shall constitute a consent by suit by any party.
[The Remainder of This Page Intentionally Left Blank.]
50503279.4 -6-
Executed by Each Partv on the Date Shown as Follows
and Effective on the Latest of such Dates:
Hold `Em Investments, LLC,
a Texas limited liability company
By:
Name: H y Hausman, its Managing Member
Date: April 4, 2012 `
z:
THE STATE OF TEXAS §
COUNTY OF ,Qi(/ §
This instrument was acknowledged before me on the /—I— day of April, 2012 by Harry
Hausman, the Managing Member of Hold `Em Investments, LLC, a Texas limited liability
company, on behalf of such company.
(SEAL)
=-
B. KAYE T:NE Y
= MY COMMISSIOPIRES'' May 6, 2
50503279.4 S -1
J�jv I/
A, 2 -- //I / - Z':�:)
Notary Publi and for
The State of texas
My Commission Expires:-J
The Reserve at Schertz, LLC,
a Texas limited liability company
By: c4L=nz,
Name: Harry Hausman, its Managing Member
Date: April kj 2012
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the /"/ day of April, 2012 by Harry
Hausman, the Managing Member of The Reserve at Schertz, LLC, a Texas limited liability
company, on behalf of such company.
r`
(SEAL)
tea f3� otary P lic in and for
The State of Texas
MY COMMISSION FJ(PiRES
May 6, 2013
My Commission Expires:
50503279.4 S -2
City of Schertz,
a Texas municipal corporation
By:
Name: Jo C. Kessel, its City Manager
Date: April [?7,2012
THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the 4�-day of April, 2012 by John C. Kessel,
City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of the City.
(SEAL)
o
Notary Pu lic in and for
The State of Texas
My Commission Expires:
50503279.4 S -3
EXHIBIT A
The Property
[See attached]
50503279.4 A -1
PRIONES
ComIt1ng St Erg`inteftnF, Ltd.
FiEI INOTES
HUNTER ESTATES
24.20 ACRES
SCHEM BEXAR +C UNW, TEXAS
Being a 24.269 acre, Iran of Ban out of the :remaining poretm of an originally died 153.05
acne tract as rmwded in Vol€ rm 2627„ Page 140, I d girds of Herr County, Texas, .
and said 242-69 acre being situated in the. Stacy B. Lewis. Sxn`*rcy Na: 317 and the .Antoni.o
Zarera Survey Nh, 36 in Hexur Couay, `1 xas and being raore partietdarly described as
follows:
Be,gint� ng at the mrast - morthem fior= of etc herein dmcritiod. brwt.of land and said corneIr
g N 3 " -15'- 4 "'rte, ac s mice s 3 95-46 teetto the cast fight-of-way ofBaenig.live;
Tf CL.; in a soudlautern directic►n nlerng the ctxzr=an boundary line of a celled 131 acre
tract# as recorded in Valurne 600k Pggo: 1228, Rod Property of Bmw County, Tom, aiad
the 153.05 :acm tract, S 3p` -I V -24" E, a distance of 15.30.77 fftt to a point for the Mst
eastern corner of'the herein dascribe4 �rw
THENCE; 2: '- 3tr34- T , a distance of 1060,12 feet along the souihmsi boundary of the
hereia descTi.W tr t 'ttr a -paint on a curve fnr the rnnst southern corrt:r of the :herein
dewribvd tract of land,
THENCE; :Tong a durve to the right having a ruckus of 1063, Do feat a C-entral of
1 '-2f' -12" an = l gth of 35..5 AzA acid a chord. b m ag and dirt- re of
W, 357.05 feet to a= paint of iar gent fora ea r
THENCE; N 30'-15'-2,4" W, a. di4mce of 394.03 feet to a point for it comer,
THENCE N #11 37' -5V' E'., at di roe of 2.56 feetto a pointfor a comer,
THENCE; N 38'=32'_OZ- E, a distance of 5+4:83 feet to the point of beginnuip, and
containing 24-269 acre i;& laud.
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50503279.4 A -2
EXHIBIT B
The Preliminary Plat
[See attached]
50503279.4 B -1
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50503279.4 B-3
EXHIBIT C
The Ivy Estates Adjacent Property
and
Location of Secondary Access Connecting Roadway
[See attached]
50503279.4 C -1
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EXHIBIT D
The Construction Access Adjacent Property
and
Location of Temporary Construction Access Roadway
[See attached]
50503279.4 D -1
)VI=h 26,2012'
BR ION S
ig, EWAT.4E_IwIr4:: LM
FIMLID NOTES
3"OOT- CONMUCTION ENTRANCE EAi&PAMNT
ITENITA ESMATES
S CIMM, BE MAR C OUNTY, TFX.A S
B-clIT a 3,04dat Construction Enmmm. Pmmeat, coexist of 1.325 aares 6f land out of fir
rmiainhkg Berta Vilkie Staudt Trwt Idenfifizd in •hr Bew Cow-ty Appmj�l Di met As a
151-95-arx-et t and being sivnsi,,4 in the Antonio Zaawrid S-urvev No. 36, &-xar Cowity, Texa%
and beiag, mm particularly Aesedbad.as f6flows;
9- then nodhimpsft c-mm of the hexciin d=ribied ease-m-ent And said mmpr being
S- 29* 03' 340 W, I ,00.12 1W from` tho saulh t comer of Laum;HaighU E. es Unit .5, as
,r= c 3S."Pi. 1 33m] 36 of ft, Dzw. and Plat R-,%.7,o.rdq of Bexar County; Ten.%
im. V
, ol,
Tbmm.., S 7r OFY 34" VV, a disto, em of 57643 fact to a point kv 2L 3turtrtr;
S 29* 2;V W W. a diganm of 1,352.93 -feet to the sauIj.O-"- ommer of the, hm, in
dmcribcd emcmeet and being of N, &4ytown RasA;
TI"C-a' - ConfiUming 310ag said northemot ril.& Df-'Wmy Line of 14- Qr"wm ROM,
N 2r, ZV 27.1. W, ai d4twz of .35, 06 fret Z ft, sou m-A corner of the h=in descrikd
ease, m1=4
Thtr=, dtpaxdrgg 1ht nordxmg enmcr right- of -way cif 14- C�avtowm P N 29* 28'C16" Z a
dihM=of 1.334.0 f W apoint f4ra,"imeri,
llxn=,'N 29* OT 34- t, -a distance. of 5a2_80 f Eo a pc4nf -on a e wve for a eofner.;
Ibm=' fwjav4n.K Said Ourvc to thc ICA, having a mdjw of LOOM fcv4 a cenbral a4gdepf
01' 391 157 ' an=m length of 3.0,69 feet and a cbrjrd be&= and digian of S 49 451
5040 f6et w the faint of Beginning and com V.1�1_5 a=s Qfjand,
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50503279.4 D-2
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50503279.4 D -3
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50503279.4 D -3
EXHIBIT E
Temporary Construction Access Roadway
Design and Maintenance Standards
Design Standards and Construction
L The flalural gmt1w A.211 bee &crzw and leveled to Ln AFPMPrWe,ffr&&.Ms determin ed by
a it 91bUrcd crigineor homsed by t State cif—'cam;
2. As least 6- -of corattuetkm gradc, base material will be appliod sod ed on the
mu face. ofd prepared P-Toi leveled madway sub-bim e with com—paciom to occur 'andjudmig
fin 4tc, -XiMUM e , -imoy . oinp Jona
Mg fgr MR frc Of
3, Appropnate gifts and Pmciin will tc' W acc= as ap ved by t e rigN
05 -ice Jcd ju limit s; pro
-af-Way owner;
4. Roadwmy vM1 bc constructed tD: 310OW fOr zppropnale 4ndnoge mad pievent vos-h * o-, u
t and
pay Haig f as a y tare upa nion
of the property
6, A segmmtof the road, tocsfW on each md. aitoining a publie iwm , *11 be canstructed
14MR the a 1pdale maleriats to mirj i t. - a 'momm of dust anAOoT mud -oT soli&
zC th a
b irq Mansfermd to t1w, payed swn'-uTt5 pf the paced =em (me of fi�jt_
h, qQn,;� or
-47-d 5. f
vibnxive cleaning of tuns and
Maintenance Standards
I . The ro -ad will be inspeott,,d ma regular basis and additionai baste an
compaction applied
asneeded to assure proper operation of the road for the handling of construction Traffic;
1 Measw-es vi 11 be taken .y VP[ic'a'tion of Water) to assure minimizatlon of dust that May
othenvix be caused by use of the road during dry conditions,
50503279.4 E-1