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23-R-02 Graytown Units 1A and 3ARESOLUTION NO. 23-R-02 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING SUBDIVISION IMPROVEME~T AGREEMENTS WITH 2020 Fl GRAYTOWN, LLC FOR GRAYTOWN UNIT IA AND UN 1 T 3 A JN THE CITY OF SCHERTZ, TEXAS, AND RELATED MATTERS IN CONNECTION THERE\VITH \\'HEREAS, the Landowner desires to defer certain dedication and public improvements obligations for Graytown Units IA and 3A; and WHEREAS, pursuant to Section 21.4.15 of the City's Unified Development Code, the obligation to dedicate and construct improvements for the Subdivision may be deferred if an Improvement Agreement is executed and if sufficient surety is provided to secure the obligation to construct the improvements; and WHEREAS, the City staff of I.he City of Schertz has recommended that the City enter into a Subdivision Improvement Agreement. NOW THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute the agreements generally in the fonn attached subject to approval of minor changes approved by the City Attorney as shown 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 findings of the City Council. Section 3. AH resolutions, or parts thereof, whic11 are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein.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 sha11 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 provlSlon. 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 Govenunent Code, as an1ended. 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 28 1h day of March, 2023. ClTY OF SCHERTZ, TEXAS Ralph ~ Exhibit A Aft er Recordi n g. Please Return To: Denton Navarro Rocha Bernal & Zech, P .C. 25 17 N. Main Avenu e San Antonio, Texas 78212 Att enti on: T. Daniel Santee STATE OF TEXAS PRESENTS: COUNTY OF BEXAR § § KNOW ALL PERSONS BY THE SE § IMPROVEMENT AGREEMENT GRA YTOWN SUBDIVISION UNIT 1 A PUR LTC IMPROVEMENTS This IMPROVEMENT AGREEMENT (the '•Agreement") is by and between 2020 FI Graytown, LLC (the "Owner"), and the CITY OF SCHERTZ, a Texas municipal corporation (the "City"), and is effective upon the execution of this Agreement by the Owner an d the City (the "Effective Date"). WHEREAS, the Owner is the owner of that certain real property located in the City of Schertz, Bexar County, T exas, more specifically describ ed on Exhibit "A", attached hereto and made a part hereof for all purposes (the "Pro p erty" or "Graytown Subdivision"); WHEREAS, the O w ner seeks to dev elop a residential subd ivision on the Property (the "Subdivision") that requires the construction of certain public improvements: and WHE REAS, this Agreement is made solely with respect to the final plat of Graytown Unit lA approved by the City of Schertz Planning and Zoning Commission on October 12, 2022; WHEREAS, pursuant to Section 2l.4.15(C.)(2.) and (F.)(l) ofthc City's Unified Development Code, the obligation to construct the pub1ic improvements that serve the Subdivision may be deferred if an Improvement Agreement is executed and if sufficient s urety is provided to secure the obligation to construct the public improvements; and WHEREAS, the Owner has requested to defer th e constructi on of improvements to Boenig Drive; and W H EREAS, the Owner seeks to defer the start of construction of the pub lic improvements to a future date,: NOW THEREFOR E, in consideration of the agreemen ts set forth herein and for other recipr ocal good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and stipulated by the P arties, the Owner and the City agree as follows: 1. Ownership of the Property. The Owner hereby represents and warrants that, as of the Effective D ate, it has not conveyed, assigned, or transfen-e d all or any portion of its interest in the Property to any other p erson or entity (any such person or entity referred to herein as "Purchaser"), nor i s it a party to any contract or other understand in g to do so that is not subject to this Agreement. 2. Construction of Improvements: Covenants. The Owner and the City covenant and agree to the following: a) The Owner is obligated by Section 21.12.10 of the City's Unified Development Code to construct, or cause to be constructed, improvements to Boenig Drive (such improvements shall be referred to herein as the "Improvements"). b) These improvements shall be constructed with Unit 2 of the development, or be initiated by the developer by January 1, 2024, whichever occurs first. c) The cost of the Improvements for G ravtown Subdhision Unit lA is estimated to be One Hundred Forty-Eig ht Thousand Four Hundred Ninety-Eight and 611100 DoJlars ($1 48 ,498.61) (the "Cost Estimate"), as more particularly s h own on Exhibit "B" attach ed hereto and made a part hereof for all purposes. The Owner and the City agree that the amount of the Cost Estimate set forth herein is a commercially r easonable estimate of the cost of the Improvements. d) Jn lieu of the Ovmer's obligation to construct, or cause to be constructed, the Improvements, at or before the Final Plat Recordation, Owner shall provide to the City, concurrent with the execution of this Agreement, surety in the fonn attached hereto as Exhibit "C" (the "Surety") in an amount equal to 125% of the Cost Estimate amount One Hundred Eigh ty-Five Thousand · Six Hundred Twen tv-Three and 26/100 Dollars ($185,623.26) (the "Improvement Funds"). e) Owner requests to defer the start of construction of the public improvements until January 1, 2024 or the start of Construction of Graytown Subdivision Unit 2, whichever occurs first in accordance with the Construction Plans and in full compliance with City of Schertz Unified Development Code Section 21.4. 15, which is incorporated by reference h erein as though fully set forth in th is Section of this Agreement. for the purpose of clarification, and in no way limiting Owner's obligations under Section 21.4.15, the Parties agree that full completion of construction of the lmprov ements shall n ot occur until the City accepts the Improvements in the manner prescribed in Section 21.4.15. D ., and Owner p rovides a warrant y bond) which shaJJ be exactly twenty percent (20%) of the Cost Estimate. f) Owner agrees to complete the Improvements by July 1, 2025. g) In the event O\vner fails to begin the construction of the Improvements by January I, 2024 or in conjunction with Unit 2, whichever occurs first, or complete the Improvements by July 1, 2025 in the manner prescribed herein, City may declare this Agreement to be in default and at the City's sole discretion: (i) require that all Improvements be installed by Owner regardless of the extent of completion of the improvements on the Property at the time the Agreement is declared to be in default; (ii) unilaterally draw from the Improvement Funds sufficient amount to complete the Improvements itself or through a third party; or (iii) assign the Improvement Funds to any third party, including a subsequent owner of the Property, provided that such Improvements Funds shall only be assigned for the purpose of causing the constrnction of the lmprovcrncnts by such third party and for no other purpose and in exchange for the subsequent owner's agreement and posting of security to complete the lmprovcmcnts. h) Within 30 days of the City's acceptance of the Improvements, the Cjty shall release the Surety to Owner and the Parties shall have no further obligation to each other under this Agreement. 3. Approval of A ~eement. The City has approved the execution and delivery of this Agreement pursuant to Section 2 l.4.l 5(C.)(2.) of the City's Unified Development Code, and the Owner represents and warrants that it has taken all necessary action to authorize its execution and delivery of this Agreement. 4. Governmental Immunitv. The City docs not waive or relinquish any immunity or defense on behalf of ilself, its officers, employees, Councilmembers, and agents as a result of the execution of this Agreement and the performance of the covenants and actions contained herein. 5. Binding Effoct. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors~ representatives, successors, and assigns, and the tenns hereof shall run with the Property. 6. Counteroarts. This Agreement may be executed in any number of counterparts with the same effoct as if all signatory patties had signed the same document. All counterparts shall be construed together and shall constitute one and the same Agreement. 7. 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 and the City. The Owner and the City each agrees that there are no oral agreements, understandings, representations or warranties which arc not expressly set forth herein. 8. 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. Any address for notice may be changed by written notice delivered as provided herein. All notices hereunder shall be in wliting and served as follows: If to th e Owner: 2020 Fl Graytown, LLC 11 Lyn Batts Lane, Suite 100 San Antonio, TX 78218 Tf to the City: CITY OF SCHERTZ 1400 Schertz Parkway Schertz, Tex as 78154 A ttention: City Manager With copv to: Denton Navan-o Rocha Bernal & Zech, P.C. 2517 N. Main A venue San Antonio, Texas 78212 Attention: T. Daniel Santee 9. Legal 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 unenforccability will not affect any other provi sion 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 s e ction headings in this Agreement are for reference only and are not intended to restrict or define the text of any section. This A greement will not be construed more or less favorably between the parties by reas on of authorship or origin of language. 10. Recitals ; Exhibits. Any recitals in this Agreement are represented by the parties hereto to be accurate, constitute a part of the parties' substantive agreement, and arc fully incorporated herein as matters of contract and not mere recitals. Further, any exhibits to this Agreement are incorporated herein as matters of contract and not mere exhibits. 11. No Joint Venture. It is acknowledged and agreed by the patties that the terms hereof are not intended to, and shalJ not be deemed to, create a partnership or joint venture among the parties. 12. Choice of Law. This Agreement will be construed und er the laws of the State of Texas without regard to choice-of-law rules of any jurisdiction. Venue shall be in the State District Courts of Guadalupe 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 consent by suit by any party. [Signatures and acknowledgments on the.following pages J Si gnature Page to lmp 1·oveme11t Agreement This Improvement Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. THE STATE OF TEXAS COUNTY OF ___ _ § § § Owner: 2020 FI Graytown, LLC By: Title: Date: This instrument was acknowledged before me on the __ day of 2023 by _______ _, the of 2020 FI Graytown LLC, on behalf of said limited liability company. (SEAL) Notary Public in and for The State of T cxas My Commission Expires: ___ _ Signatm·e Pag e to Improvement A greement This Improvement Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. THE STATE OF TEXAS § § COUNTY OF GUADALUPE § City: CITY OF SCHERTZ, a Texas mWlicipal corporation By: Name: Steve Williams, its City Manager Date: This instrument was acknowledged before me on the __ day of , 2023 by Steve Williams, City Manager of the City of Schertz, Texas, a Texas mtmicipal corporation, on behalf of said City. (SEAL) Notary Public in and for The State of Texas My Commission Expires: ___ _ EXHIBIT "A" The Property Approved Final Exhibit and Legal Metes and Bounds I See attached} ACRE(S) BLOCK . "-\"""' \ \ .• -..... CITY OF LOCATION MAP !No+-+o:sam1 LEGEND VOL PG ROW VOLUME PAGE(S) RJGHT·OF-WA Y \ CPS: T.CiTY PUBLIC SERVICE BOARD (CPS ENERGY) -IS HEREBY OEOICA TEO El\SEMENT S 11110 RIGl-ITS-OF-WAY FOR UTILITY. TRANSMISSION /\NO DISTRIBUTION INFRAS TRUCTU RE ANO SERVICE FACILITI ES IN THE AREAS OESIGNATEO ON THIS PL.AT AS "ELECTRIC EASEMENT; "ANC HOR EASEMENT," "SERVICE EASEMENT," "OVERHAN G EASEMENT," ·unuTY EASEM ENT"', "GAS EASE MENT," 'TRANSFORMER EASEMENT." ANOiOR "RECYCLED WATER EASEMENT" FOR THE PUR POSE OF INSTALLING, CONSTRUCTING, RECON STR UCTING, MAINTA INING, REMOVIN G, INSPECTING, PATROLLING, AND ERECTING UTILITY INFRASTRUCTURE AND SE RVICE FACILITIES FOR THE REASONS DESCRIBE D ABOV E. CPS ENERGY SHALL ALSO HAVE THE RIGHT TO RELOCATE SAID INFRASTRUCTURE ANO S£R\/ICE FACILITIES WITHIN EllSEMENT /\NO RIGHT-OF-WAY AREAS , TOGETHER W ITH THE RIGHT OF INGRESS l\NO EGR ESS OVER GRAt~TOR"S ADJACENT LANDS FOR THE PURPOSE OF ACC ESSING SUCH INFRASTRUCTUR E l\NO SERVICE Fl\CILITIES ANO THE RIGHT TO REMOVE FROM S AID LANDS ALL TREES OR PARTS THER EOF, OR OTHER OBS TRUCTIONS WHICH ENDANGER OA MAY INTERFERE WITH THE EFFICIENCY O F GAS , ANO/OR ELECTRIC INFRASTRUCTURE ANO SERV ICE FACILITIES. NO BUILDING, STRUCTURE, CONCRETE Sl..1\8$, OR WALLS Will BE PLACED WITH IN EASEMENT AREAS WITHOUT AN ENCROACHMENT AGREEMENT WITH THE RESPECTIVE UTILITY, 2, ANY CPS ENERGY MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIR ED O F C·PS ENERGY INFRASTRUCTURE /\ND SERVICE F/\CILITIES, LOCATED WITHIN SAID EASEMENTS, DUE TO GRA DE CHANGES OR GROUND ELEVATION ALTERl\rJONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESP ONSIBLE FOR SAID GRADE CHAN GES OR GROUND ELEVATION Al TE RATION S. 3. THl S PLAT DOES NOT AMEND, ALT ER , RELEJ\SE OR OTHERWISE AFFECT mY EXISTING ElECTAIC, GAS, DRAINAGE, TElEPHONE. CABLE TV EASEMENTS OR AJolY OTHER EASEM ENTS FOR UTILITIES UNLESS THE C HANGES TO SUCH EASEMENTS AR E DESCRIBEO HEREON. 4. CONCRETE DRIVEWAY APP ROACHES A RE ALLOWED WITHIN THE FIVE (5) AN D TEN (10) FOOT WIDE ELECTRIC AND GllS EASEMENTS WHEN LOTS ARE SERVED ONLY BY UNDERGROUND ELEC TR IC AND GAS FACI LITIES. 5. ROOF O\/ERH/\NGS AR E ALLOWED WITH IN THE FIVE (5) AND TEN \10) FOOT WIDE ELECTRIC ANO GAS EASEMENTS WHEN ONLY UNDERGROUND EL ECTRIC ANO GAS FACILITIES /IRE PROPOSED OR EXISTING WITHIN THOSE A VE (5) ANO TEN (tO) FOOT WIDE EASEM ENTS. SAN ANTONIO RIVER AUTHORITY EDU : THE NUMBER OF WASTEWATER EQUIVALENT DWELLING UNITS (EOUS) PAID FOR THE SUBDIVISION PLAT IS KEPT ON FILE AT THE SAN ANTONIO RIVER AUTHORITY UNDER THE PLAT NUMBE R. NOTE: AC BLK BSL CB DOC DPR BUILDING SE TBACK LINE COUNTY BLK DOCU MENT NUMBER • {SURVEYO R) FOUND 112" IRON ROD 1. NOT ICE: SELLING A PORTION OF TH IS ADDITION BY MET ES AND BOUNDS IS /l (UNLESS NOTED OTH ERWISE) VIOLATION OF CITY ORD INANCES AND STATE LAW AND IS SUBJECT TO FINES ANC DEED AND PLAT RECORDS OF BEXAR COUNTY, TEXA S 0 SET 112" IRON ROD (PD) WITHH OLD ING OF UTILITIES AND PERMITS. 2. ANY DEVELOPMENT SHALL BE IN ACCORDANCE WITH FLOODPLAIN ORDINAN CE II\ GETCTV GAS, ELECT RIC, TELEPHON E AND CABLE TELEVISION QPR OFFICIAL PUBLIC RECORDS (OFFICIAL PUBLIC REC ORDS OF REAL PROPERTY) OF BEXAR COUNTY, TEXAS -a --CENTERLIN E ~ .,, EASEM ENT PO INT OF INTERSECTION ---EXISTING 100·YR FEMA FLOODPLAIN 0 © © ® 14' GAS, ELECTRIC, TELEPHONE AND CABLE TV EASEM ENT 1 O' GAS, ELECTR IC, TELEPHONE AND CABLE TV EASEMENT 1' VEHICULAR NON-ACCES S EAS EMENT (NOT·TO·SCA LE) RIGHT-OF-WAY DEDICAT ION (0.279 OF AN ACRE) ~ ~ ~ ~ 4> 54' WID E DRAINAGE EASEM ENT (DOC NO. 20 19011 2109, OPR) 14' GAS EASEM ENT {DOC NO. 201901 86859, QPR) 20' WATER EA SEMENT (DOC NO. ____ _, 25 ' DRAINAGE EASEM ENT (DOC NO.----~ VARIABLE; WIDTH TURN AROUND , GRADING, AC CESS, SANITARY EFFECT AT THE TIME OF CONSTRUCTION APPLICATI ON. FLOODPLAIN NOTE: PER CITY OF SCHERTZ FLOODPLAIN ORDINANCE. ALL PROPERTIES WITHIN 100 FEET OF THE EFFECTIVE 100.YR SPECIAL FLOOD HAZARD AREA BOUNDARY (ZONE A} WILL REQUIRE ELEVATION CERTI FICATES TO ENSURE COMPLIANCE WITH THE CURRENT EFFECTIVE OR DINANCE. LINE TABLE LINE TABLE LINE II BEARING LENGTH LINE II BEAR ING LENGlH Ll NJ8"24'24"W 70.00' L.22 N22'07'19"E 74.20' L2 N51.40'57"E 119.96' L23 I S59'59'4t"E I 129.98' ~)_)-.'L, \ CITYOF < 1 11L onR e'ouNr; INOT-TO-SCALEI LEGEND AC BLK BSL CB DOC DPR ACRE(S) BLOCK BUILDING SETBACK LINE COUNTYBLK DOCUMENT NUMBER DEED AND PLAT RECORDS OF BEXAR COUNTY. TEXAS GETCTV GAS, ELECTRIC, TELEPHONE AND CABLE TELEVISION OPR OFFICIAL PUBLIC RECORDS (OFFICIAL PUBLIC RECORDS OF REAL PROPERTY) OF BEXAR COUNTY, TEXAS ---fl --CENTERLINE VOL PG ROW • (SURVEYOR} () VOLUME PAGE(S) RIGHT-OF·WAY FOUND 112· IRON ROD (UNLESS NOTED OTHERWI SET 1/2° IAON ROD (PD) EASEMENT POINT OF INTERSECTION ----EXISTING 100·YR FEMA FLOODPLAIN S30"00'00"W 539.57' OWNER: ~MA OS:\'El.OPMENT U.C 1202 W BITTERS RD STE 1200 SAN ANTONIO, TX 78218 8088 LANO USE: RESIDENTIAL (VOLUME 1-4817, PACE 2029 OPR) CPS: i."'Cii'Y PUBLIC SERVICE BOARD lCPS ENERGY) -IS HEREBY DEDIC/I TED EASEMENTS AND RIGHTS-OF-WAY FOR UTILITY, TRANSMISSION ANO DISTRIBUTION INFRASTRUCTURE ANO SERVICE FACILITIES IN THE AREAS DESIGNATED ON THIS PLAT AS •ELECTRIC EASEMENT." "ANCHOR EASEMENT." "SERVICE EASEMENT." "OVERHANG EASEMENT," 'UTILITY EASEMENT". "GAS EASEMENT," "TRANSFORMER EASEMENT," "WATER EASEMENT: "SANITARY SEWER EASEMENT" ANOIOA "RECYCLED WATER EASEMENT" FOR THE PURPOSE OF INSTALLING, CONSTRUCTING. AECONSIBUCTING. MAINTAINING. REMOVING. INSPECTING. PATROLLING. AND ERECTING UTILITY INFRASTRUCTURE AND SERVICE FACILITIES FOR Tl-IE REASONS DESCRIBED ABOVE. CPS ENERGY ANO SAWS SHALL ALSO HAVE Tl-IE RIGHT TO RELOCATE SAID INFRASIBUCTURE AND SERVICE FACILITIES WITHIN EASEMENT AND RIGHT-OF-WAY AREAS. TOGETHER WITH THE RIGHT OF INGRESS ANO EGRESS OVER GRANTOR'S ADJACENT LANDS FOR THE PURPOSE OF ACCESSING SUCH ll~FRASTRUCTUAE ANO SERVICE FACILITIES AND THE RIGHT TO REMOVE FROM SAID LANDS ALL TflEES OR PARTS THEREOF. OR OTHER OBSTRUCTIONS WHICH E~lDANGEA OR MAY INTERFERE WITH THE EFFICIENCY OF WATER. SEWER. GAS, ANDtOR ELECTRIC INFRASTRUCTURE AND SERVICE FACILITIES. NO BUILDING. STRUCTURE. CONCRETE SLABS. OR WALLS WILL BE PLACED WITHIN EASEMENT AREAS WITHOUT AN ENCROACHMENT AGREEMENT WITH THE RESPECTIVE UTILITY. 2. ANY CPS ENERGY OR SAWS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY OR SAWS INFRASTRUCTURE ANO SERVICE FACILITIES. LOCATED WITHIN SAID EASEMENTS. DUE TO GRADE CHANGES OA GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAID GRADE CHANGES OR GROUND ELEVATION ALTERATIONS. S. THIS PLAT DOES NOT AMEND. ALTER. RELEASE OR OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS. WATER. SEWER, DRAINAGE, TELEPHONE, CABLE TV EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS lliE CHANGES TO SUCH EASEMENTS ARE DESCRIBED HEREON. 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) ANO TEN (10) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY UNDERGROUND .ELECTRIC AND GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN THE FIVE (5) ANO TEN (10) FOOT WIDE ELECTRIC ANO GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC ANO GAS FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) AND TEN {10) FOOT WIDE EASEMENTS. 901 N: 1372504-4. 79 I (0.121 ACRES) E:: 2198436.00 OPEN SPACE N60"00' (PERMEABLE) '. 80.01' I so.01· I ~ o;,. ~or w p Col I.a.I 0 . 9~ . . p «> 8N or ~N o• 7 g ;! • It) ·o: c . 5 0 :: 6 p"' z .... g~ ~: 2 z 16.58' :'--56 09·-';X: • C1~ N60"00'00"W .., 295. BAMMELWAY ~ -(50" IOGl<T-<lf-WA~ 8 if\ N60'00'00"W "' 307.i r -8S.02·:J -·80.01' --, I S60'00'00"£ I Cl :> l I 1JO.OJ't2.57' I l-l- a: >-I 'o I n 4 a~ 3 a~ ;nq i.;lo d~ ~~ I ~ 9 0 11'1 p ,., Z I . ~ -g -~ ~~ I I ~I fl> V. (JJ .!. S60'00'00"E ~ I ~ I 130.03' •.· ~ g I 10 .. I I ~I: 80.02' I 80.01' !><:'. b 1211! 0 _, 10 0 -I~ ~ Ill 0 I ol 1 J~ IO ,., n I I flt ~ ~ .... -.<:. =< ·\ CITY OF LOCATION MAP jNOT-TO-S<;ALE! E}EXAR ciOUNT. \' CPS: 'i':'CiTY" PUBLIC SERVICE BOARD (CPS ENERGY) -IS HERESY DEOIC!ITEO EASEMENTS AND RIGHTS-OF-WAY FOR UTILIT Y, TRANSMISSION ANO DISTRIBUTION INFRASTRUCTURE ANO SERVICE FACILITIES IN THE AREAS DESIGNATEO ON THIS PlAT AS 'ELECTRIC EASEMENT." "ANCHOR EASEMENT," "SERVICE EASEM ENT,' "OVERHANG EASEMENT," "UTILrrY EASEMENT'', "GAS EASEMENT," "TRANSFORMER EASEMENT,' "WATER EASEMENT,'' "SANITARY SEWER EASEMENT" AND/OR "RECYCLED WATER EASEMENT" FOR lttE PURPOSE OF INSTALLING, CONSTRUCTING, RECONSTRUCTING, MAINTAINING, REMOVING. INSPECTING, PATROLLlNG, ANO ERECTING UTILITY INFRASTRUCTURE ANO SERVICE FACILITIES FOR THE REASONS DESCRIBED ABOVE. CPS ENERGY ANO SAWS SHALL Al.SO HAVE THE RIGHT TO RELOCATE SAID INFRASTRUCTURE AND SERVICE FACILITIES WITHIN EASEUENT AND RIGHT-Of-WAY AREAS, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LANDS FOR THE PURPOSE OF ACCESSING SUCH INFRASTRUCTURE AND SERVICE FACILITIES ANO THE RIGHT TO REMOVE FROM SAID LANDS All TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICIENCY OF WATER, SEWER, GAS, ANDiOR ELECTRIC INFRASTRUCTURE AND SERVICE FACILITIES. NO BUILDING, STRUCTURE. CONCRETE SL.ABS. Ofl WALLS Will BE PLACED WITHIN EASEMENT AREAS WITHOUT AN ENCROACHMENT AGREEMENT WITH THE RESPECTIVE UTILITY. 2. ANY CPS ENERGY OR SAWS MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY OR S/\WS INFRASTRUCTURE ANO SERVICE FACILITIES, LOCATED WITHIN S/\10 EASEM ENTS, DUE TO GRADE CHANGES OR GROUND ELEVATION ALTERATIONS SHALL BE CHARGED TO THE PERSON OR PERSON S DEEMED RESPONSIBLE FOR SAJO GRADE CHANGES Ofl GROUND ELEVATION Al TERATIO!llS. 3. THIS PLAT DOES NOT AMEND. ALTER, RELEASE Ofl OTHERWISE AFFECT ANY EXISTING ELECTRIC. GAS, WATER. SEWER, DRAINAGE. TELEPHONE, CABLE TV EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS TI-IE CHANGES TO SUCH EASEMENTS ARE DESCRIBED HEREON. 4. CONCRETE DRIVEWAY APPROACHES ARE ALLOWED WITHIN THE FIVE (5) ANO TEN (10) FOOT WIDE ELE CTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY UNDERGROUND ELECTRIC ANO GAS FACILITIES. 5. ROOF OVERHANGS ARE ALLOWED WITHIN THE FIVE (5) ANO TEN {1 0) FOOT WIOE ELECTRIC ANO GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND GAS FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) AND TEN (10) FOOT WIDE EASEMENTS. MATCHLINE "A ----- ri LOCATION MAP NOT· TO-SCALE J.F. SHEPHERD SURVEY NO. 314 ABSTRACT 678 w > a: ""' o~ 0 (.!) ci z~ W ....... LEGEND: OPR OFFI CIAL PUBLIC RECORDS Of' BEXAR COUNTY,' 1EXAS PR PLAT RECORDS OF BEXAR COUNTY, TEXAS FIR FOUND 1 /2" IRON ROD . 100' 200' -~ I I SCALE: 1 "= 200' L29 ANTONIO ZAMORA SURVEY NO. 36 ABSTRACT 828 COUNTY BLOCK 5083 CALLED 204-.795 AC 2020 Fl GRAYTOWN, U.C (DOC. NO. 20200277080, OPR) GRA YTOWN UNIT 1 22.148 ACRES (964,789 SQ. FT. MORE OR LESS) !~ ~ ~~ I L27 L26 L25 t.24 NOTES: 1. THIS EXHIBIT IS ISSUED IN CONJUNCTION WITH A MElES ANO BOUNDS DESCRIPTION PRE PARED UNDER JOB N0.11.§J}§-OJ..BY PAPE-DAWSON EN GI NEERS, INC. 2. THE BEARING S ARE BASED ON THE TEXAS COOROINA lE SYS TEM EST ABLISHEO FOR THE SOUTH CENTRAL ZONE FROM THE NORTH AMERICAN OATUM Of' 198 3 NAO 83 (NA2011) EPOCH 2010.00. c .... ....J ~i "" PAPE-DAWSON ;f 1-ENGINEERS ~~ !)All ANTONIO I AUSrlll I HOUSTON I FORT VIOIHH I OALlAS ~ ~? 2000 NW LOOP 410 I SA~ AHTOIUO. TX 78213 I 210-37$.9000 ffi ;s TEX•S Et<GtN CEflllfO FIRM U70 I TEX°'S SURVEVl/fG FIRIA '10028800 JOB No.: 11686-0J a:lli u ... ----------------------------------------------------------_. ! E5 u §i:l f/5 ,,.., LINE TABLE LINE TABLE LINE BEARING LENGTH LINE BEARING L1 S38'24'24"E 70.00' l17 N55'54'57"W L2 S51'40'57"W 119.96' L18 N89'37'01"W L3 S54'31'46"W 201.33' Ll9 S55'47'35"W l4 S51 '40'57"W 32.29' L20 S21'19'16"W L5 S81'46'18"W 54.97' L21 S12'17' 4 7"E L6 · S08'13' 42"E 130.00' L22 S34'36'33"W L7 N81'46'18"E 93.93' L23 S22'07'19"W l8 N58'39'16"E 122.18' L24 N69'11'59"W L9 s42·31 •ss•E 74.20' L25 N59'59'41"W LlO S36'J8'57"W 201.01' L26 N60'00' 49"W L11 521'17'45"W 95.64' L27 N60'00'00"W l12 S01 '25'30"W 116.49' L28 N29'46'58"E L13 S40'34'58"W 87.22' L29 S60'00'12"E l14 S01'55'59"W 62.12' L30 N49'10'12"E L15 S11'37' 4.3"W 38.71' LJ1 N51'40'57"E L16 S86'52'04"W 18.66' CURVE TABLE CURVE RADIUS DELTA CHORD BEARING CH ORO Cl 125.00' 30'05'22" S66'43'37"W 64.89' LENGTH 97.36' 31.74' 53.30' 35.29' 45.67' 110.01' 74.20' 194.61' 129.98' 50.00' 456.69' 1109.63' 734.39' 136.40' 89.80' LENGTH 65.64' li El PAPE-DAWSON ~f /JI ENGINEERS ~~ a:~ g~ SAN AliTO!ilO I AUSTIN I HOUSTOU I FORT Y/Of\TH I Of,LLAS uJ "9-2000 llVI LOOP 410 I SAN Af\ITONID, TX 18219 I 210.376.9000 SHEET 2 OF 2 w i~ ... Te.~.S.EN·G-IN.EE.Al.NG·F-IR·M·"·ro·l·T-•X.•.£S·U-•V.EV.IN·G·F·IRU··-·o.ou·e·oo ................................. J.u_L_Y ... 2_0_2_1 ............................ J.o.s ... N.o •.• :1.1.6.8·6·--o.3 ... ~ fl!!.I PAPE-DAWSON 1 DIENGINEERS ------------------------------------- METES AND BOUNDS DESCRIPTION FOR GRAYTOWN UNIT 1 A 22.148 acre, or 964, 789 square feet more or less, tract of land out of that called 204.795 acre tract conveyed to 2020 Fl Graytown, LLC, in deed recorded in Document No. 20200277080 of the Official Public Records of Bexar County, Texas, out of the Antonio Zamora Survey No. 36, Abstract No. 828, County Block 5083, of the City of Schertz, Bexar County, Texas. Said 22.148 acre tract being more fully described as follows, with bearings based on the Texas Coordinate System established for the South Central Zone from the North American Datum of 1983 NAO 83 (NA2011) epoch 2010.00: COMMENCING: At a found iron rod with a cap marked "RPLS 6490" on the east right-of-way line of Boenig Drive, a 40-foot public right-of-way, the south right-of-way line of Graytown Road, a variable width public right-of-way, same being a northwest corner of said 204.795 acre tract; THENCE: THENCE: THENCE: S 38°24'24" E, along and with the south right-of-way line of said Graytown Road, same being the north line of said 204.795 acre tract, a common fine, a distance of 802.00 feet to the POINT OF BEGINNING of the herein described tract; S 38°24'24" E, continuing along said common line, a distance of 70.00 feet to a point; Departing sa id common line, over and across said 204.795 acre tract the following courses: S 51°40'57" W, a distance of 119.96 feet to a point; S 54°31'46" W, a distance of 201.33 feet to a point; S 51°40'57" W, a distance of 32.29 feet to a point; Southwesterly, along a tangent curve to the right, said curve having a radius of 125.00 feet, a central angle of 30°05'22", a chord bearing and distance of S 66°43'37" W, 64.89 feet, for an arc length of 65.64 feet to a point; S 81°46'18" W, a distance of 54.97 feet to a point; S 08°13'42" E, a distance of 130.00 feet to a point; N 81°46'18" E, a distance of 93.93 feet to a point; Trao$portallon I water Resources I Land Development I surveying I Envlroomental telephone: 210-375-9000 address: 2000 NW LOOP 410 SAN ANTON ID, TX 78213 web$lte: PAPE-DAWSON.COM San Antonio I Austin I Houston I Fort Worth I Dallas I New Braunfels Texas Engineering Firm 11470 Texas Surveying Firm 110028800 Job No. 11686-03 22.148 Acres Page 2 of 3 N 58°39'16" E, a distance of 122.18 feet to a point; S 42°31 156" E, a d istance of 74.20 feet to a point; S 36°38'57" W, a distance of 201.01 feet to a point; S 21°17'45" W, a distance of 95.64 feet to a p oint; S 01°25'3011 W, a distance of 116.49 feet to a point; S 40°34'58" W, a distance of 87.22 feet to a point; S 51°55'59" W, a distance of 62.12 feet to a po in t; S 11°37'43 11 W, a distance of 38.71 feet to a point; S 86°52'04" W, a dista nce of 18.66 feet to a point; N 55°54'57" W, a d istance of 97.36 feet to a point; N 89°37'01" W, a distance of 31.74 feet to a point; S 55°47'35" W, a distance of 53 .30 feet to a point; S 21°19'16" W, a distance of 35.29 feet to a point; S 12°17'47" E, a distance of 45.67 feet to a point; S 34°36'33 " W, a distance of 110.01 feet to a point; S 22°07'19" W, a distance of 74.20 feet to a point; N 69°11 '59" W, a dis t ance of 194.61 feet to a poi nt; N 59°59 '41" W, a distance o f 129.98 f eet to a point; N 60°00'49" W, a distance of 50.00 feet to a po int; m,1 PAPE-DAWSON 1 0. ENGINEERS Job No. 11686-03 22 .148 Acres Page 3 of 3 THENCE: THENCE: THENCE: PREPARED BY: DATE: JOB NO. DOC. JD. N 60"00'00" W, a distance of 456.69 feet to a point on the east right-of-way line of said Boenig Drive, same being the west line of said 204.795 acre tract, a common line; N 29°46 158 11 E, along and with said common line, a distance of 1109.63 feet to a point; Departing said common line, over and across said 204.795 acre tract the following bearings and distances: S 60°0011211 E, a distance of 734.39 feet to a point; N 49°10'12" E, a distance of 136.40 feet to a point; N 51°40 '57" E, a distance of 89.80 feet to the POINT OF BEGINNING and containing 22.148 acres in the City of San Anton io, Bexar County, Texas. Said tract being described in conjunction with an exh ibit prepared under job number 11686-03 by Pape-Dawson Engineers, Inc. Pape-Dawson Engineers, Inc. July 2021 11686-03 N:\CIVIL\11686-03\Word\11686-03 FN 22 .148AC.docx ISi PAPE-DAWSON 10. ENGINEERS EXHIBIT "8" The Cost Estimate {See attached/ ITEM Exhibit B GRAYTOWN BOF.NIG DRJVE IMPROVEMENTS OPINION OF PROBABLE CONSTRUCTlON COST l. STREET & DRAINAGE IMPROVEMENTS 6/20/2022 NO. nRSCRTPTION UNIT QTY STREET fM:PROVEMENTS UNIT PRICE I. Mobili7.ation LS $20,740.77 2. Excavalion (Streets) CY 2,702 $6.00 3. Local Street -Residential a. 3" TlMAC Type "D" SY 4,906 $17.50 b. ~" Flex Ra.~e SY 5,390 $14.00 c. Triax TXS Oeogrid SY 5,390 $6.00 d. 12" Moislllrc Conditioned Snb~rade SY 5,390 $4.00 4. 5' Sidewalk SY 795 $110.00 5. 7" Concrete Curb & GutleT LF 4,355 $20.00 6. Prime Coat GAL 9&2 $6.00 7. Tack Coat GAL 491 $6.00 SUBTOTAL STREET IMPROVEMENTS: DRAlNAGEJMPROVEMENTS l. Curo Inlet CY 5.75 Sl,900.00 2. Connect to Existins Storm Drain EA S7,500.00 SUBTOTAL DRAINAGP. IMPROVEMENTS: 15% CONTTNUENCY SUBTOTAL DRAINAGE TMPROVF.MENTS: Notes: AMOUNT $20,740.77 $16,212.30 $85,855.00 S75,460.00 S32,340.00 $21,560.00 $87,450.00 $87,100.00 $5,892.00 $2,946,00 $435,556.07 $10,925.00 $7,500.00 SlS,425.00 S6S,097.l6 $522,078.22 I. 1-'or rhe section of Boenig Dr between Haigfit. Cross .and Scenic Lake Looi> the existing road width for the developer's half is approximately 11.25 ~. OPC assumes an addition of3.75 ft. required by the City of Scl1ert.: lJDC. Excavation (Streets) is assumed to be 0.21 cy/lf for the length of this section. 2. Fur the s.:ction ofBoo::nig Dr between Oraylown Rd und Haight Cross, OPC assumes the full pavement widch of the Typical 50' R.O. W. Street Section from the City ofSchem: UDC. F.xcavation (Streets) is assumed to be 1.67 cy/lf for the length of this section. 3. For lhe section of Boenig l>r between Graytown Rd and Haight Cross, OPC includes the construccion of the Typical 50' R.O.W. Street Section, including curb & gutter on both sides ands· sidewalk on the developer side, but does not include the construction of 5' sidewalk on the non-developer side. For the section of Boenig Dr between Haight Cross and Scenic Lake I .oop, OPC includes the construction of the additional pavement width and curb & gutter, but does not include any sidewalk improvemencs. BoenisDr ..... --~-........ _ ... __ .. _, __ ,_ =...c:~-=------1\,,a--.. i ·--~----.... ·--u. .. _ __,..,.,. .. _ _,Mo~--...--·t• ,....,_.:.o.t.*'l,....l~--~ ..... ~ .............. _ ==.::..~::.~::-:'--..-..... .. TYPICAL ;;()' B,O W. STREET SEC!ION tNOfTO.ICAl..£1 EXHIBIT "C" The Surety I See attached] After Recording. Please Return To: Denton Navarro Rocha Bernal & Zech, P.C. 2517 N. Main A venue San Antonio, Texas 78212 Attention: T. Daniel Santee ST A TE OF TEXAS PRESENTS: COUNTY OF BEXAR § § KNOW ALL PERSONS BY THESE § IMPROVEMENT AGREEMENT GRA YTOWN SUBDJVISION UNIT 3A-PUBLIC IMPROVEMENTS This IMPROVEMENT AGREEMENT (the "Agreement") is by and between 2020 FT Graytown, LLC (the "Owner"), and the CITY OF SCHERTZ, a Texas municipal corporation (the "Cit;v"), and is effective upon the execution of this Agreement by the Owner and the City (the "Effective Date'} WHEREAS, the Owner is the owner of that certain 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" or "Graytown Subdivision"); WHEREA,S, the Owner seeks to develop a residential subdivision on the Property (the "Subdivision") that requires the construction of certain public improvements: and WHEREAS, this Agreement is made solely with respect to the final plat of Gravtown Unit 3A Subdivision approved by the City of Schertz Planning and Zoning Commission on October 12, 2022; WHEREAS, pursuant to Section 21.4.JS(C.)(2.) and (F.)(1) of the City's Unified Development Code, the obligation to construct the public improvements that serve the Subdivision may be deferred if an Improvement Agreement is executed and if sufficient surety is provided to secure the obligation to construct the public improvements; and WHEREAS, the Owner seeks to defer the start of construction of the public improvements to a future date, not to exceed January I, 2024, for Graytown Unit 3A Subdivision (the "Final P1at Recordation") pursuant to this Agreement and Section 21.4.15 of the City's Unified Development Code: NOW THEREFORE, in consideration of the agreements set forth herein and for other reciprocal good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and stipulated by the Parties, the Owner and the City agree as follows: 1. Ownership of the Prop e rty. The Owner hereby represents and warrants that, as of the Effective Date, it has not conveyed, assigned, or transforred all or any portion of its interest in the Property to any other person or entity (any such person or entity referred to herein as «Purchaser"), nor is it a party to any contract or other understanding to do so that is not subject to this Agreement. 2. Construction of f m provernents: Covenants. The Owner and the City covenant and agree to the following: a) The Owner is obligated by Section 21.12.10 of the City's Unified Development Code to construct, or cause to be constructed, improve half of Graytown Road and construct a 6-foot shoulder with a header curb, (such improvements sha11 be referred to herein as the "Improvements"). b) These improvements shall be constructed with Unit 4 of the development, or be initiated by the developer by January 1, 2024, whichever occurs first. c) The cost of the Improvements for Gravtown Subdivision Unit 3A are estimated to be One Hundred Twen tv-Eight Thousand Seven Hundred Eighty-Five and 811100 Dollars ($128,785.81) (the "Cost Estimate"), as more particularly shown on Exhibit "B" attached hereto and made a part hereof for a11 purposes. The Owner and the City agree that the amount of the Cost Estimate set forth herein is a commercially reasonable estimate of the cost of the Improvements. d) In lieu of the Owner's obligation to construct, or cause to be constructed, the Improvements, at or before the Final Plat Recordation, Owner shall provide to the City, concurrent with the execution of this Agreement, surety in the fonn attached hereto as Exhibit "C" (the "Surety") in an amount equal to 125% of the Cost Estimate amount One Hundred Sixty Thousand Nine Hundred Eig h tv-Two and 26/100 Dollars ($160 ,982.26) (the "Imp rovement Funds"). c) Owner requests to defer the start of construction of the public improvements until January 2024 or the start of construcrion of Graytown Subdivision Unit 4, whichever occurs first, in accordance with the Construction Plans and in full compliance with City of Sche11z Unified Development Code Section 21.4.15, which is incorporated by reference herein as though fully set forth in this Section of this Agreement. For the purpose of clarification, and in no way limiting Owner's obligations under Section 21.4.15, the Parties agree that full completion of construction of the Improvements shall not occur until the City accepts the Improvements in the manner prescribed in Section 2 l .4.15. D., and Owner provides a warranty bond which shall be exactly twenty percent (20%) of the Cost Estimate. f) Owner agrees to complete the Improvements by July 1, 2025. g) In the event Owner fails to being the construction of the Improvements by January 1, 2024 or in conjunction with Unit 4, whichever occurs first, or complete the lmprovements by July 1, 2025 in the manner prescribed herein, City may declare this Agreement to be in default and at the City's sole discretion: (i) require that all Improvements be installed by Owner regardless of the extent of completion of the improvements on the Property at the time the Agreement is declared to be in default; (ii) unilaterally draw from the Improvement Funds sufficient amount to complete the Improvements itself or through a third party; or (iii) assign the Improvement Funds to any third party, including a subsequent owner of the Property, provided that such Improvements Funds shall only be assigned for the purpose of causing the construction of the Improvements by such third pa.tty and for no other purpose and in exchange for the subsequent owner's agreement and posting of security to complete the Improvements. h) Within 30 days of the City's acceptance of the Improvements, the City sha11 release the Surety to Owner and the Parties shall have no further obligation to each other under this Agreement. 3. A pproval of A e:reement. The City has approved the execution and delivery of this Agreement pursuant to Section 21.4.IS(C.)(2.) of the City's Unified Development Code, and the Owner represents and warrants that it has taken all necessary action to authorize its execution and delivery of this Agreement. 4. Governmental Immunity. The City does not waive or relinquish any immunity or defense on behalf of itself, its officers, employees, Councihncmbcrs, and agents as a result of the execution of this Agreement and the performance of the covenants and actions contained herein. 5. 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, and the terms hereof shall run with the Property. 6. 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. 7. Integration. This Agreement is the complete agreement between the parties as to the subj eet matter hereof and cannot be varied except by the written agreement of the Owner and the City. The Owner and the City each agrees that there are no oral agreements, understandings, representations or warranties which are not expressly set forth herein. 8. 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. 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: 2020 FI Graytown, LLC 11 Lyn Batts Lane, Suite 100 San Antonio, TX 78218 If to the City: CTTY OF SCHERTZ 1400 Schertz Parkway Schertz, Texas 78154 Attention: City Manager With copy to: Denton Navarro Rocha Bernal &Zech, P.C. 2517 N. Main Avenue San Antonio, Texas 78212 Attention: T. Daniel Santee 9. Legal Constructi on. 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. 10. Recita ls: Exhibits. Any recitals in this Agreement are represented by the parties hereto to be accurate, constitute a part of th e parties' substantive agreement, and are fully incorporated herein as matters of contract and not mere recitals. Further, any exhibits to this Agreement arc incorporated herein as matters of contract and not mere exhibits. 11. No Joint Venture. It is acknowledged and agreed by the patties that the tenns hereof are not intended to, and shall not be deemed to, create a partnership or joint venture among the pat1ies. 12. Choice of Law. Thi s Agreement will be construed under th e laws of the State of Texas wi thout regard to choice-of-law rules of any jurisdiction. Venue shall be in the State District Courts of Guadalupe County, Texas with respect to any lawsuit arising out of or construing the terms and provisions of this Agreement. No provision of this Agreement sha11 constitute consent by suit by any party. [Signatures and acknowledgments on the.following pages J Signature Page to Im provement A greement This Improvement Agreement has been executed by the parties as of the dates of the Acknowledgments to be effective as of the Effective Date. TIIE STATE OF TEXAS COUNTY OF ___ _ § § § Owner: 2020 FI Graytown, LLC By: Tide: Date: This instrument was acknowledged before me on the __ day of , 2023 by _______ __, the of 2020 Fl Graytown LLC, on behalf of said limited 1iability company. (SEAL) Notary Public in and for The State of Texas My Commission Expires: ___ _ Sign ature Page to Im p rovement A greement This Tmprovement Agreement has been executed by che parties as of the dates of the Acknowledgments to be effoctive as of the Effective Date. THE ST A TE OF TEXAS § § COUNTY OF GUADALUPE § City: CITY OF SCHERTZ, a Texas mtmicipal corporation By: Name: Steve 'Williams, its City Manager Date: This instrument was acknowledged before me on the __ day of 2023 by Steve Williams, City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said City . (SEAL) Notary Public in and for The State of Texas My Commission Expires: ___ _ EXHIBIT "A" The Property Approved Final Exhibit and Legal Metes and Bounds I See attached./ AC BL K DOC OPR AC RE(S) BLOCK " ' '<'\ ·,, .. ,, J /·,, .. "' LOCATION MAP I ¥ --... -a (NOT-TO-~l.;Al.t. J LEGEND VOL VOLUME PG PAGE{S) t \ BEXAR ~OUNT. DOCUMENT NUMBER ROW RIGHT-OF-WAY DEED ANO PLAT RECOR DS • FOUND 1/2" IRON ROD CPS: T:"'CriY PU BLIC SERVICE BOJ\RO (CPS ENER GY) -IS HEREBY DEDICATED EASE MENTS ANO RIGHTS-OF·WAY FOR UTILITY, TRANSMISSION f\ND DISTRIBUTION INFRASTRUCTURE AN O SERVICE F AC ILITIES IN THE AREAS DESIGN ATED ON THIS PLAT AS "ELECTRI C EASEMENT.' "ANCHOR EASEME NT," "SERVICE EASEM ENT." "OVERHANG EASEMENT." VT IL ITY EASE MENT", "GAS EASE MENT," AN O/OR "TRANSFORMER E/\SEMENr FOR TI-IE PURPOSE OF INSTALLING, CONSTRUCTING, REC ONSTRUCTING, MAINTAINING, REMOVING. INSPECTING. PATROLLING, AND ERECTING UTILITY INFRASTRUCTU RE ANO SERVICE FACILITIES FOR THE REASON S DESCRIBED ABOVE. CPS ENERGY SHALL ALSO HAVE THE RIGHT TO R ELOCATE SAID INFRASTRUCTURE ANO SERVIC!: FACI LITI ES WI TH IN EASEMENT ANO RIGHT-OF-WAY AREAS , TOGETHER WITH THE RIGHT OF INGRESS ANO EGRESS OVER GRANTOR'S AOJACElllT LAND S FOR THE PURPOSE OF ACCESSING SUCH INFRASTRUCTURE AND SERVICE l'ACILITIES ANO THE RIGHT TO REMOVE FROM SAI D LANDS ALL TREES OR PARTS THEREOF, OR OTHER OBSTRUCTIONS WHICH ENDANGER OR MAY INTERFERE WITH THE EFFICI ENCY OF GAS AND10R ELECl R IC INFRASTRUCTURE ANO SERVICE FAC ILITIES. NO BUILDING , STRUCTIJR E, CONCRETE SLABS, OR Wf\LLS WILL BE PLACED WITHIN EASEMENT AREAS WITHOUT l\N ENCROACHMEN T AGREEMENT WITH THE RESPECTIVE UTILITY. 2 . ANY CPS ENERGY MONETARY LOSS RESULTING FROM MODIFICATIONS REQUIRED OF CPS ENERGY INFRASTR UCTUR E ANO SERVIC E FAC ILITIES. LOCATED WITHI N SAID EASEMENT S, DUE TO GRADE C HANGES OR GROUND aEV ATION ALTERATIONS SHALL BE CHARGED TO TH E PERSON OR PERSONS DEEMED RESPONSIBLE FOR SAIO GRAOE C HANGES OR GROUND ELEVATION ALTERATION S. 3 . THIS PLAT DOES NOT AMENO . ALTER . RELEASE OR OTHERWI SE AFFECT ANY EXISTING ELECTRIC. GllS. WATER. SEWER. DRAINAGE, TELEPHONE. CABLE TV E/\SEMENTS Ofl Af!Y OTrlER EASEME NTS FOR UTILITIES UNLESS THE CHANGES TO SUC H EAS EllAENTS ARE DESCRIBED HEREON. 4. CONCRETE DRIVEWAY APPROA CHES ARE ALLOWED WITHIN THE FIVE (5) AND TEN (10) FOOT W IDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SERVED ONLY BY UNDERGRO UND ELECTRIC AND GAS FAC ILITIES. S. ROOF OVERHANGS f\RE ALLOWED Wlll-llN TH E FIVE [5) ANO TEN (10) FOOT WIDE ELECTRIC f\ND GAS EASEMENTS WHEN ONLY UNDERGROUND ELECTRIC AND Gf\S FACILITIES ARE PROPOSED OR EXISTING WITHIN THOSE FIVE (5) ANO TEN (10) FOOT WIDE EASEM ENTS. SAN ANTONIO RIVER AUTHORITY EDU : THE NUMB ER OF WASTEWATER EQUIVALENT DWELLING UNI TS (EDUS) PAID FOR THE SUBDI VISION PLAT IS KEPT ON FILE AT THE SA N ANTONI O RIVER AUTHORITY UNDER THE PLAT NUMBER. OF BEXAR COU NlY, TEXAS {SURVEYO R) {UNLESS NOTED OTHERWIS E) QPR OFFICIAL PUB LIC RECORDS I) SET 1/2" IRON ROD (PD) (OFFICIAL PUBLIC RECORDS :;; SET 112'' IRON ROD (PD)·ROW OF REAL PROPE RTY} OF EASEMENT POINT OF BEXAR COUNTY , TEXAS INTERSECTION --ii --CENTERLINE - -EXISTING 100-YR FEMA FLOODPLAIN 0 14' GAS, ELECTRIC, TELEPHONE ~ 16' SANITARY SEWER ANO CABLE TV EASE MENT EASEMEN T © 10' GAS . ELECT RIC, T ELEPHONE (DOC NO. __ , OPR) ANO CABLE TV EASEMENT <? VARIABLE WIDTH DRAINAGE, ® RIGHT-OF·WAY DEDICATION SEWER, ACCESS & UTILITY (0.7 55 OF AN AC RE) EASEMENT (DOC NO.---• OPR) ~ 13' GAS EASEMENT <9 10· GAS, EL ECTRIC, (DOC NO. 20190186859 , OPR) TELEPHON E, AND CA BLE TV <9 16' SANITAR Y SEWER EASEMENT EASEMENT COOCNO. (VOL 17404, PG 1986, OPRJ & VARIABLE WIDTH DRAINAGE ~ ;:-:·.. "" ~----; ~ LOCATION MAP INOT-TO-SCAl.EI ' \ LEGEND AC ACRE(S) VOL BLK BLOCK PG DOC DOCUMENT NUMBER ROW DPR DEED ANO PLAT RECO RDS e OF BEXAR COUNTY, TEXAS (SURVEYOR) OPR OFFICIAL PU BLIC RECORDS \,) (OFFICIAL PUBLIC RECORDS ) OF REAL PROPERTY) OF BEXAR COUNTY. TEXAS \I_.-CENTERLINE EXISTING 100-YR FEMA FLOODP LAIN BEXAR (b'oUNT --- VOLUME PAGE(S) RIGHT-OF· WAY FOUND 112" IRON ROD (UNLESS NOTED OTHERWI~ SET 112" IRON ROD {PD) SET 11:?" IRON ROD (PD)·RO EASEMENT POINT OF INTERSECTION UNDEVELOPED "\ ~ ±1901' TO THE INTERSECTION 24.731 ACRE TRACT (VOLUME 2201, PAGE 542, OPR) O~ER:BARNETT GLENN H &: JANET 10650 BOENIG DR SCHERTZ. TX 78154 6008 \ .0:: OF GRAYTOWN &: BOEING DRIVE ~~~~~~..;_~~~~~~~--'~~r-...._~~~~~~~~~~~~~~~r-90 1 , __ _ , __ ' \ \ \ \ \ \ \ \ \ " \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ --\ / / / / / / / 9 ., 901 ;1~ d .... ,,, p -N ~ 100.00' 31: ;1~ g~ -N ~ L C}.""' 47.44' ti - --100.00·-- --i---- 100.00' -1~ i ... ~~ -... 2 YA (0.831 ACRES) ~N SPACE (P~MEABLE) S37"57'56•E rv . -~· . -·--~ c~3J-S7.'5ti:E "' ' 100.00' 100.00• 3 3C ;1~ ~ ~ -N ~ 4 31: ;I~ d ..... "l p -N ~ -100.00•---100.00'--·- S37"65'32"E ... E LOTTCHEN LANE (50' RIGHT-Of-WAY')- N37-S5'32"W "" ~ .. ,.L29 t"-100.00' -1--100.00·--f-100.00·--f-100 .00· CITY OF .-" f \ ~' '·, AC BLK DOC DPR QPR LEGEND ACRE(S) VOL BLOCK PG DOCUMENT NUMBER ROW DEED AND PLAT RECORDS e OF BEXAR COUNTY. TEXAS (SURVEYOR} OFFICIAL PUB LI C RECORDS :,j (OFFICIAL PUBLIC RECORDS :> OF REAl PROPERTY) OF BEXAR COUNTY. TEXAS --m --CENTERLINE - - -EXISTING 100-YR FEMA FLOODPLAIN RESIDENTIAL FINISHED FLOOR VOLUME PAGE{S) RIGHT-OF-WAY FOUND 112" IRON ROD (UNLESS NOTED OTHERWI~ SET 112' IRON ROD (PD) SET 112" IRON ROD (PD)-RO EASEMENT POINT OF INTERSECTION RESIDENTIAL FINISHED FLOOR ELEVATIONS MUST BE A MINIMUM OF EIGHT {8) INCHES ABOVE FINAL ADJACENT GRADE. LOCATION MAP jNOT-TO-SCALEj S37-S7'56•E rv 1530.30' 537'5758.'.'E. ~.J529.1.Q' ..--=... .. .....,. .......... '-"-N37"47'57"W;:; '426.'94-'" .. .,Si!.9 '.... -=...·-...·=--....._.N:5.$'04•48•¥; -·. ···- -144:01"•' ·-I 100.00' too.co· 101.37' l et.SJ' I 62 _~.~ ....... ._ 5 ~ a~ I~"" 3C :.: 3C •"" -\o •\o in ... ~ rp~ 2 ~ ~ 3 ~ ~ 4 ~ i LL ~N -N ~N 0 ~ ~ ~ 37.89' C\J -100.00·---100.00· --62.11·- tu I SJ7'55'32"E .. 377.96' • ~ 1.36 a/~. o· "I~ -II) ~ 6 w -·:--~r::-r--------- ::t: I SJ7'55'32"E "' 377.96' :Q C36 Cl) ~ -100.02·-- -100.02' --·92.90' - WW 1.12·1&1 u.I L&I ii: • Cl) ~. ~ ·-~ 1i3 ~If;; ' ~~ 13 ii ~ 12 ~ ~ 11 ~ ~ N<'C ~ -.-. C't4 N -~ ·~ -~ ~ !£ J4.50' L4S 10 ~ I S37"S5'J2"E S37'55"J2"E S37'55'32"E NJ4'0-4""48"W L50 z 100.02' 100.02• 100.02' 97.13' tSJ. .49 --' "T"' 901 (0.631 ACRES) OPEN SPACE (PERMEABLE) aiG ~ ;; 8 .. 0 7 lH 7 N29'02'JB•w 101\.1\.,. ·------:·: 9 §ia jt) ~ 6 i- 2 Miii""'--- CITY OF .l ·, -t .. v · ~ '.\ .• AC BLK DOC DPR OPR LEGEND ACRE(S) VOL BLOCK PG DOCUMENT NUMBER ROW DEED AND PLAT RECORDS e OF BEXAR COUNTY. TEXAS (SURVEYOR) OFFICI AL PUBLIC RECORDS 0 (OFFICIAL PUBLIC RECORDS :> OF REAL PROPERTY) OF BEXAR COUNTY. TEXAS VOLUME PAGE(S) RIGHT·OF-WAY FOUND 112" IRON ROD (UNLESS NOTED OTHERWI~ SET 1f2" IRON ROD (PD) SET 1/2" IRON ROD (PD)-RO EASEMENT POINT OF INTERSECTION ,,-· ' ' \I imi _ CENTERLINE . ~--EXISTING 100-YR FEM.6. FLOODPLAIN <, ........... LOCATION MAP CPS: I NOT-TO-SCALE I BEXAR ciOUNT. 1.C'iTV PUBLIC SERVICE BOARD iCPS ENERGY) • IS HEREBY DEDICATED EASEMENTS AND RIGHTS.OF -WAY FOR UTILITY, TRANSMlSSION AND DISTRIBUTION INFRASTRUCTURE AND SERVICE FllCIUTIES IN THE AREAS OESIGNllTED ON nus PtAT l\S "ELECTRIC EASEMENT." "ANCHOR EASEMENT," "SERVIC E EASEMENT." "OVERHANG EASEMENT," "UTILITY EASEMENT", "GAS EASEMENT," "TRAN SFORMER EAS EMENT," "WATER EASEMENT," "SANITARY SE\'VER EASEMEN T" ANDiOR "RECYCLED WATER EASE MENI FOR THE PURPOSE OF INST/ILLING, CONSTRU CTI NG, RECON::.'TRUCTl'JG, MAINTAINING, REMOVING. INSPECTING. PATROLLING, AND ERE CTING UTILITY INFRASTRUCTURE AND SERVICE FACILITIES FO R THE REASONS DESCRIBED ABOVE. CPS ENERGY ANO SAWS SHALL Al.SO HAVE THE RIGHT TO RELOCATE SAID INFRASTRUCTU RE AND SERVICE FACILITIES WITH IN EJ\SEMENT AND RIGHT-OF·WAY AREAS, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER GRANTOR'S ADJACENT LAN DS FOR THE PURPOS E OF ACCESS ING SUCH INFRASTRUCTURE AND SERVICE FACILITI ES AN O THE RIGHT TO REMOVE FROM SlllD LANDS All TREES OR PARTS TI-IEREOF, OR OTHER OBSTFIUCTIONS WHICH ENOllNGER OR MAY INTERFERE WITH THE EFFICI ENCY OF WATER. SEWER, GAS. AND/OR ELECTRIC INFRAST RUCTURE AND SERVICE FACILITIES. NO BUILDING, STHUCTURE . CONCRET E SLABS, 00 WALLS WIU BE PLACED WITHlll EASEMENT AREAS WITHOUT AN ENCROACHMENT AGREEMENT WITH THE RESPECTIVE UTILITY. 2. ANY CPS ENERGY OR SAWS MONETARY LOSS RESULTIN G FROM MODIFICATIONS REQUIRED OF CPS ENERGY OR SAWS INFRASTRUCTURE AND SERVI CE FACILITIES, LOCATED WITHIN SAID EASEME1'1TS, DUE TO GRADE CHANGES OR GROUND ELEV ATION ALT ERAT IONS SHALL BE CHARGED TO THE PERSON OR PERSONS DEEM ED RESPON SIBLE FOR SAID GRADE CHAN GES OR GROUND ELEVATION Al TER"-TIONS. 3. THIS PLAT DOES NOT AMEND, l\LTER, RELEASE 00 OTHERWISE AFFECT ANY EXISTING ELECTRIC, GAS, WATER. SEWER, DRAINAGE, TELEPHONE. CABLE TV EASEMENTS OR ANY OTHER EASEMENTS FOR UTILITIES UNLESS THE CHANG ES TO SUCH EASEMENTS AR E DESCRI BED HEREON. 4. CONCRE TE DRIVEWAY APPROllCHE~ ARE ALLOWED WITHIN THE FIVE (6) AND TEN (IO) FOOT WIDE ELECTRIC AND GAS EASEMENTS WHEN LOTS ARE SE RVED ONLY BY UNDERGROUND ELECTRIC ANO GAS FACILITIES. 5. ROOF OVERHANGS ARE Al.LOWED WITHIN TH E FNE (5) AND TEN (10) FOOT WIDE ELECTRIC ANO GAS EASEMENTS WHEN ONLY UNOERGROUNO ELECTRIC /IND GAS FACILITIES ARE PROPOS ED OR EXISTING WITHIN THOSE FIVE (5) AND TEN (10) FOOT WIDE EA SEMENTS. SURVEYOR'S NOTES: UNDEVELOPED REMAINDER OF 204.871 ACRES ~ 2020 Fl GRA YTOWN, LLC (DOC # 20200277080) 1 . MONUMENlS WERE FOUND OR SET AT EACH CORN ER OF THE SURVEY BOUNDAR OF 11-lE SUBDIVISION AS NOTED. MONUMENTS AND LOT MARKERS WILL BE SET wm f' IRON ROD WITH CAP MARKED "PAPE·DAWSON" OR MAG NAIL WITH DISI MARKED "PAPE-DAWSON" AFTER THE COMPLETION OF UTILITY INSTALLATION ANI STREEf CONS TRUCTION UN LESS NOTED OTHERWISE. 2. COORDINATES SHOWN ARE BASED ON THE NORTH AMERICAN DATUM OF 198 NAD83 {NA201 1) EPOCH 2010.00 FROM THE TEXAS COORDINATE SYSTE~ ESTABLISHED FOR THE SOUTH CENTRAL ZONE DISPLAYED IN GRID VALUE: DERIVED FROM THE NGS COOPERATIVE CORS NEW~ORK. 3. DIMENSIONS SHOWN ARE SURFACE. 4 . BEARINGS .6.RE BASED ON THE NORTH AMERIC AN DATUM OF 1983 NADB (NA201 1) EPOCH 2010.00, FROM THE TEXAS COORDINATE SYSTEM ESTABLISHEI FOR THE SOUTH CENTRAL ZON E. MATCHLINE "C 11 -SEE SHEET 3 OF 4 --I I I I -- NOT·TO-SCALE CAli.ED 24.731 AC Gl..ENN AN D JANET BARNEIT (VOL. 2201, PG. 5+2, OPR) (S•"1:ANDEXO&ll 1.532 ACRES (Sll,1«! SQ, FT. M0.1E OA LESS) CALLEO 204. 795 AC 2020 Fl GRAYfO'hN, LLC (DOC. NO. 20200277080, OPR) {GAOSS) 32.664 ACRES (SAV!;ANO IEXCEPl] 1.532ACRES (NET) 31.132 ACRES LEGEND : DR DEED RECORDS OF BEXAR COUNTY, TEXAS OPR OFFICIAL PUBLIC RECORDS OF BEX AR COUNTY, TEXAS DPR DEED AND PL.AT RECORDS OF BEXAR COUNTY, TEXAS PR PL.AT RECORDS OF BEXAR COUNTY, TEXAS Fl R FOUND 1/2" IRON ROD NOTES: 1. THIS EXHIBIT IS ISSUED IN CONJUNCTION WITH A METES AND B OUNDS DESCRIPTION PREPARED UNDER JOB NO. 11686-03 BY PAPE-DAWSON ENGINEERS, !NC. 2. TiiE BEARINGS ARE BASED ON 1'HE TEXAS COORDINATE SYSTEM ESTABLISHED FOR THE SOUTH CEN1RAL ZONE FROM 1'HE NORTii AMERICAN DAiUM OF 1983 NAO 83 (NA2011) EPOCH 2.010.00. THE RESERVE AT SCHERTZ II, UNIT 3 (VOL 9715, PG. +3, OPR) GRAYTOW N RD lHE RESERVE AT SCHERTZ UNJT 1 (VOL. 9658, PGS. 185-187, DPR) THE RESERVE AT SCHERTZ UNIT 2 (VOL. 9661, PGS. 149-151, OPR) FD. ~-l.R.(PD) L37 SEE SHEET 2 OF 3 FOR DETAI L c10~ Nl cs L34 L33 (GRAYTOWN UNIT 3) 31.132 ACRES (1,356,092 SQ. FT. MORE OR LESS) ANTONIO ZAMORA SURVEY NO. 36 ABSTRACT 828 COUNTY BLOCK 5083 L23 El PAPE-DAWSON 1U.EN GINEERS 11-fE RESERVE AT SCH ER TZ UNIT 3 (VOL 9673, PGS. 186-188, OPR) SAN AKTONIO I ALfSTIN I HOUSTON I FORT WOllTK I DALL,1,S 2000 NW LOOP 410 I SAN ANTONIO, TX 78213 I 210.375.QOUO Ti:XAS EHOlN~IRlHO PUW f.A1D 1 TEXA.9 S URVEYINO 11RM t 100?S800 MAY 2022 Dote WQ)t I. 2022. 1~29 Pl.I -u-ID: •l m1Wj f'h: Nl\CNL\11118-«S\ltSCl&-43 EX 31.1:W.C \Ill~ 3.0"1! 500' cf 2.SO' 500' ~-~ I I llllL• CAIJ..EO 31 .072 AC MATTHEW COSGROVE (VOL 16864, PG. 671, OPR) P.O.B. SCALE: 1n= 500' REFERENCE: LEGEND: DR DEED RECORDS OF BEXAR COUNTY, TEXAS OPR OfflCIAL PUBLIC RECORDS OF BEXAR COUNTY. TEXAS DPR DEED AND PLAT RECORDS OF BEXAR COUNTY, TEXAS LOCATION MAP NOT·TO-SCAUo PR PLAT RECORDS Of BEXAR COUNTY, TEXAS FlR FOUND 1/2• IRON ROD NOTES: 1. THIS EXHIBIT IS ISSUED IN CONJUNCTION WITH A METES AND BOUNDS DESCRIPTION PREPARED UNDER JOB NO. 11686-03 BY PAPE-DAWSON ENGINEERS, INC. 2. THE BEARINGS ARE BASED ON THE iEXAS COORDlNATE SYSTEM ESTABLISHED FOR THE SOUTH CENTRAL ZONE FROM THE NORTH AMERICAN DA11JM Of 1983 NAO 83 (NA2011) EPOCH 2010.00. CALLED 2'4.731 At:; ~N ANO JAl£T BARNETT ('w'OL 2201, PG. 542. OPR) GRAYTOWN RD (VARIA8L.E Wl)TH R.O.W.) S38'24'24•E 1679.36' S37'49'43"E lHE RESERVE AT SCHERTZ II, UNIT 3 (WI-9715, PG. -43, OPR) P.O.B. SAVE AND EXCEPT TRACT 1.532 ACRES (66,748 SO. FT. MORE OR LESS) (GAOSS) 32.664 ACRES (S'.VEAND EXCEl'n K~532~pRES 31.132 ACRES ;" l.R. CALLEO 204.795 AC 2020 Fl GRA YTO°M'I, LLC (DOC. NO. 202.002noso, OPR) El PAPE-DAWSON 1U.ENGINEERS SAN AlflONIO I 1.USTl N I HOUSTOll l FORT 'WORTH I OALl..A& 2000 NW LOOP 410 I SAN ANTONIO, TX 79213 I 210.37$.9000 TElCA$ EllQIN.6ERJ1'1G FIRM M nl I YeXAS SURllEYlllG PIRM '10028&00 Oqle:: Mo~ a. 2QZZ. ~11 Pt.I -u_. D: 1v1o Fiie: N:\Cl','11.\11-03\1185-03 fX 1.S32AC Uni! :J..i.ro 500' o' 250' 500' ~-· I I lHE RESatVE AT SCHERlZ UNIT 1 {'w'OL 9658, PGS. 185-187, DPR) 216.93' 1H£ RES£RVE AT SCHERTZ UNIT 2 VOL 9661, P1 149-151. DPR) (Nl!1) 31.132 ACRES -.:to ...l Ls----,----~-------..J--. LINE L1 L2 L3 L-4- LS CUR\£ TABLE SCALE: 1 "= 500' LINE TABLE BEARING LENGTH S37"55'32"E 102.72' 552-04'28.W 129.61' S37'55'32"E 400.00' S52"04'2a•w 130.03' S37'55'32"E 244.49' CURVE I RADIUS I DEL TA CHORD BEARING I CHORD I LENGTH Cl I 275.00' I 8317'35" SOY43'15"W I 365.49' I 399.78' C2 I 1s.oo' I 96.42'25" N8616'45"W ANTONIO ZAMORA SURVEY NO. 36 ABSTRACT 828 COUNTY BLOCK 5083 22.42' I 25.32.' MAY 2022 SHEET 2 OF 3 JOB No.: 11686-03 REFERENCE: J .. ~ h §~ HI LINE L1 L2 L3 L4 LS L6 L7 LB L9 L10 L11 L12 L13 L14 L15 L16 LINE TABLE BEARING LENGTH S60'37' 4 7"W 58.66' S12'06'00"E 119.29' S03'32'59"E 119.29' so1 ·34• so"w 23.88' S06'42'38"W 119.29' N79'00'45"W 130,01' S61'54'34"E 130.02' S23'46'41"W 4.14' s3o·oo'oo"w 100.21' NSO'OO'OO"W 130.03' s3o·oo'oo"w 12.42' Nso·oo'oo"w 50.00' N60'00'00"W 230.05' N60'00'00"W 50.00' N30"00'00"E 28,33' N60'1 3 '09"W 130.03' CURVE RADIUS C1 670.00' C2 15.00' C3 15.00' C4 310.00' cs 15.00' cs 15.00' C7 15.00' CB 15.00' C9 15.00' C10 15.00' C11 325.00' C12 15.00' LINE TABl.£ LINE TABLE: LINE BEARING LENGlH LIN E BEARING LENGTH L17 N16'55'06"E 81.17' L33 S37'55'32"E 50.00' L18 N06"10'44"E 65.71' L34 S37"55'32"E 324.44' L19 N07'00'14"W 97.28' l35 N52'04'2B"E 171.50' L20 N1B.45'59"W 48.16' l36 N52'02'04~E 15.00' L21 N29'57'44~W 90.31' L37 S37'57'56"E 1530.31' L22 N37'54' 45"W 101.19' L38 S29'23'34"E 662.57' L23 N37'55'32"W 50.00' L24 S52'04'28"W 6.96' L25 N37'55'32"W 130.03' L26 N52'04'28"E 176.58' L27 N34'04' 48"W 32.64' L28 N37'55'32"W 61.67' L29 N37.55'32"W 50.00' L30 N37'55'32"W 230.05' L31 N37'55'32"W so.oo· L32 N37'55'32"W 230.05' CURVE TABL£ DELTA CHORD BEAR ING CHORD LENGTH 17'06'12" S19'32'21 "W 199.26' 200.00' so·oo·oo" Nl5'00'00"W 21.21' 23.56' 90'00'00" s15·oo·oo"w 21.21' 23.56' 3'50'44" N36'00'10"W 20.80' 20.81' 90'00'00" N82'55'32"W 21.21' 23.56' 90'00'00" N07'04'28"E 21.21' 23.56' 90·00·00" N82'55'32"W 21.21' 23.56' 90'00'00" N07'04'28"E 21.21· 23.56' 90'00'00" N82'55'32"W 21.21' 23.56' 90'00'00" N07'04'28"E 21.21' 23.56' 90'00'24" N07'04'.16"E 459.62' 510.51' 90'02'24" N07'03'16"E 21.22' 23.57' ~~ 8 1 PAPE-DAWSON if 1m ENGINEERS ui .?. BAN AHTONIO I A.USTIN I t!OUSTON I fOllT WOPTH I DALLAS ~ ;~ 2000 NW LOOP 410 I SAN ANTONIO, l)C 78213 I 210 .375.9000 SHEET 3 OF 3 ffi ":!! rex~SEN01NEER1NOF1rv.1 u10 1 TD•i>su11v~v11<0FIAM noo2eaoo MAY 2022 JOB No.:11686-03 :±i ~~---------------------------------------------------------------------------------------~ m.' PAPE-DAWSON 1'DIENGINEERS ------------r------------------------ METES AND BOUNDS DESCRIPTION FOR GRAYTOWN UNIT 3 A 32.664 acre, or 1,314,528 square feet more or less, tract of land out of that called 204.795 acre tract conveyed to 2020 Fl Graytown, LLC, in deed recorded in Document No. 20200277080 of the Official Public Records of Bexar County, Texas, out of the Antonio Zamora Survey No. 36, Abstract No. 828, County Block 5083, of the City of Schertz, Bexar County, Texas. Said 32.664 acre tract being more fully described as follows, with beari ngs based on the Texas Coordinate System establ ished for the South Central Zone from the North American Datum of 1983 NAO 83 (NA2011) epoch 2010.00: COMMENCING: At a found W' iron rod with a yellow cap stamped "Pape-Dawson" on the south right-of-way line of Graytown Road, a variable width public right-of-way, at the northwest corner of a called 18.119 acre tract, conveyed to 2020 Fl Graytown, LLC, in deed r ecorded in Document No. 2020027081 of said Official Public Records, same being the northeast corner of said 204.795 acre tract; THENCE: THENCE: Along and w ith said south right-of-way line, same being the north line of said 204. 795 acre tract, a common line, the following bearings and distances: N 29°22'13" W, a distance of 736.10 feet to the POINT OF BEGINNING of the herein described tract and from which a found W' iron rod with a yellow cap stamped "Pape- Dawson" bears, N 29°22'13" W, 2.10 feet; Departing said common line, over and across said 204.795 acre tract the following courses: S 60°37147" W, a distance of 58.66 feet to a point; S 12°06'0011 E, a distance of 119.29 f ee t to a point; S 03°32'59" E, a distance of 119.29 feet to a point; S 01°34'50" W, a distance of 23.88 feet to a point; S 06°42'38" W, a d istance of 119.30 feet to a point; N 79"00'45" W, a distance of 130.01 feet to a point; Southwesterly, along a non-tangent curve to the right, said curve having a radius of 670.00 feet, a central angle of 17°06'1111 , a chord be ar i ng and distance of S 19°32'21" W, 199.26 feet, for an arc length of 200.00 feet to a point; S 61°54'34" E, a distance of 130.02 feet to a point; Transporlatlon I Water Resources I Land Development I surveying I Environmental telephone: 210·375-9000 address: 2000 NW LOOP 410 SAN ANTONIO, TX 78213 website: PAPE-DAWSON.COM San Antonio I Austin I Houston j Fort Worth I Dallas I New Braunfels TeXO$ Engineering Firm 11470 Texas Surveying Firm 1110028800 Job No. 1168 6-0 3 32.6 64 Acres Pag e 2 of 5 S 23 "48'41" W, a dista nce of 4.14 feet t o a po in t ; S 30"00'00° W, a distance of 100.21 feet to a point; N 60°00'00" W, a distance of 130.03 feet to a point; S 30"00'00" W, a distance of 12.42 feet to a point; N 60°00'00" W, a distance of 50.00 feet to a point; Northwesterly, along a non-tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90"00'00", a chord bearing and distance of N 15°00'00" W, 21.21 feet, for an arc length of 23.56 feet to a point; N 60°00'00" W, a distance of 230.05 feet to a point; Southwesterly, along a tangent curve to the left, said curve hav ing a radius of 15.00 feet, a central angle of 90°0010011 , a chord bearing and distance of S 75"00'00" W, 21.21 feet, for an arc length of 23.56 feet to a point; N 60°00'00" W, a distance of 50.00 feet to a point; N 30°00'00" E, a distance of 28.33 feet to a point; N 60°13'09" W, a distance of 130.03 feet to a point; N 16°55'06" E, a distance of 81.17 feet to a point; N 06"10'44" E, a distance of 65. 71 feet to a point; N 07°00'14" W, a distance of 97.28 feet to a point; N 18°45'59" W, a distance of 48.16 feet to a point; N 29°57'44" W, a distance of 90.31 feet to a point; N 37°54'45" W, a distance of 101.18 feet t o a point; N 37°55'32" W, a d istance of 50.00 feet to a point; S 52°04'28" W, a distance of 6.96 feet to a point; N 37°55'32" W, a distance of 130.03 feet to a point; m! PAPE-DAWSON 1 DI ENGINEERS Job No. 11686-03 32.664 Acres Page 3 of 5 N 52°04'2811 E, a distance of 176.58 feet to a point; N 34°04'48" W, a distance of 32.64 feet to a point; Northwesterly, along a tangent curve to the left, said curve having a radius of 310.00 feet, a central angle of 03°50144", a chord bearing and distance of N 36°00'10" W, 20.80 feet, for an arc length of 20.81 feet to a point; N 37"'55'32" W, a distance of 61.67 feet to a point; Northwesterly, along a tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90"00'00", a chord bearing and distance of N 82°55'32" W, 21.21 feet, for an arc length of 23.56 feet to a point; N 37°55132 11 W, a distance of 50.00 feet to a point; Northeasterly, along a non-tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°00'00", a chord bearing and distance of N 07°04'28" E, 21.21 feet, for an arc length of 23.56 feet to a point; N 37°55'32" W, a distance of 230.05 feet to a point; Northwesterly, along a tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°00'0011 , a chord bearing and distance of N 82°55'3211 W, 21.21 feet, for an arc length of 23.56 feet to a point; N 37°55'32" W, a distance of 50.00 feet to a point; Northeasterly, along a non-tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°00'00", a chord bearing and distance of N 07°04'28" E, 21.21 feet, for an arc length of 23.56 feet to a point; N 37°55'32" W, a distance of 50.00 feet to a point; Northeasterly, along a non-tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°00'00", a chord bearing and distance of N 07°04'28" E, 21.21 feet, for an arc length of 23.56 feet to a point; N 37°55'3211 W, a distance of 230.05 feet to a point; Northwesterly, along a tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°00'00", a chord bearing and distance of N 82°55'32" W, 21.21 feet, for an arc length of 23.56 feet to a point; m! PAPE-DAWSON 1DI ENGINEERS Job No. 11686-03 32.664 Acres Page 4 of 5 THENCE: THENCE: N 37°55'32" W, a distance of 50.00 feet to a point; Northeasterly, along a non-tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°00'00", a chord bearing and distance of N 07°04'28" E, 21.21 feet, for an arc length of 23.56 feet to a point; N 37°55'32" W, a distance of 324.44 feet to a point; Northeasterly, along a tangent curve to the right, said curve having a radius of 325.00 feet, a central angle of 90°00'00", a chord bearing and distance of N 07'"04'28" E, 459.62 feet, for an arc length of 510.51 feet to a point; N 52°04'28" E, a distance of 171.50 feet to a point; Northeasterly, along a tangent curve to the left, said curve having a radius of 15.00 feet, a central angle of 90°02'24", a chord bearing and distance of N 07"03'16" E, 21.22 feet, for an arc length of 23.57 feet to a point; N 52°02'04° E, a distance of 15.00 feet to a point on the south right-of-way line of Graytown Road, same being the north line of said called 204.795 acre tract, a common line; 5 3r57'56" E, along and with said common line, a distance of 1530.31 feet to a found W' iron rod with a yellow cap stamped "Pape-Dawson"; S 29°23'34" E, continuing along and with said common line, a distance of 662.57 feet to the POINT OF BEGINNING and containing 32.664 acres. SAVE AND EXCEPT a 1.532 acre, or 66,748 square feet more or less, tract of land out of that called 204. 795 acre tract conveyed to 2020 Fl Graytown, LLC, in deed recorded in Document No. 20200277080 of the Official Public Records of Bexar County, Texas, out of the Antonio Zamora Survey No. 36, Abstract No. 828, County Block 5083, of the City of Schertz, Bexar County, Texas. Said 1.532 acre tract being more fully described as follows, with bearings based on the Texas Coordinate System established for the South Central Zone from the North American Datum of 1983 NAD 83 (NA2011) epoch 2010.00: COMMENCING: At a found W' iron rod with a cap marked " RPLS 6490" on the southwest right-of- way line of Graytown Road, a variable width right-of-way, at the southeast right-of- way line of Abbott Road, a variable width right-of-way, same being a northwest corner of said called 204.795 acre tract: ISi PAPE-DAWSON IU. ENGINEERS Job No. 11686-03 32.664 Acres Page 5 of 5 THENCE: THENCE: THENCE: THENCE: THENCE: PREPARED BY: DATE: JOB NO. DOC. ID. S 38°24'24" E, along and with said southeast right-of-way line said Graytown Road, same being the north line of said called 204.795 acre tract, a common line, a distance of 1679.36 feet to a point; S 37°49'43" E, continuing along said common line, a distance of 147.27 feet to a point; S 52°02 10411 W, departing said common line, over and across said 204.795 acre tract, a distance of 216.93 feet to the POINT OF BEGINNING of the herein described tract; Continuing over and across said called 204. 795 acre tract the following courses: S 37°55'32" E, a distance of 102.72 feet to a point; S 52°0412811 W, a distance of 129.61 feet to a point; S 37"55'32" E, a distance of 400.00 feet to a point; S 52°0412811 W, a distance of 130.03 feet to a point; N 37°55'32" W, a distance of 244.49 feet to a point; Northeasterly, along a tangent curve to the right, said curve having a radius of 275.00 feet, a central angle of 83°17'35", a chord bearing and distance of N 03°43'15" E, 365.49 feet, for an arc length of 399.78 feet to a point; Southeasterly, along a compound curve to the right, said curve having a radius of 15.00 feet, a central angle of 96° 42'2511 , a chord bearing and dist a nee of S 86"16' 45" E, 22.42 feet, for an arc length of 25.32 feet to the POINT OF BEGINNING and containing 1.532 acres in the City of San Antonio, Bexar County, Texas. Said tract being described in conjunction with a survey made on the ground and a survey map prepared under job number 11686-03 by Pape-Dawson Engineers, Inc. 32.664 ACRES, GROSS AREA 1.532 ACRES, SAVE AND EXCEPT 31.132 ACRES, NET AREA TOM H. MILO Pape-Dawson Engineers, Inc. ···~;""68'1'9' .. '::,'..:-''" -~ <~ ~ 11868-03 ~ ~lf;; .. I!.~.~.'··~ N:\CIVIL \11686-03\ Word\BOUNOARY\11686-03 FN 31.132AC.docx ~R~ i11 ii P.l.I PAPE .. DAWSON 10. ENGINEERS EXHlBl T "B" The Cost Estimate I See attached] ITEM NO. Exhibit B GRA YTOWN UNIT 3A ADJACENT ROADWAY IMPROVEMENTS GRA YTO\VN ROAD OPINION OF PROBABLE CONSTRUCTION COST l. STREET & DRAINAGE IMPROVEMENTS 2/3/2023 DESCRIPTION UNIT QTY STREET IMPROVEMENTS I. Mobilization LS 2. Excavation (Streets) CY 866 3. Secondary Rural Arterial a. 3" HMAC Type "I)" SY 2,036 b. 12" Flex Base SY 2,036 c. Triax TX5 Geogrid SY 2,036 d. 12" Moisture Conditioned Sub ~ade SY 2,036 SUBTOTAL STREET IMPROVEMENTS: DRAINAGE IMPROVEMENTS I. Channel Excavation CY 247 2. Channel Rcvcgctation (Hydromulch) SY 1,374 3. 4" To2 Soil SY J,374 SUBTOTAL DRAINAGE IMPROVEMENTS: 15% CONTINGENCY ITOTAL STREET & DRAlNAGE IMPROVEMENTS: Notes: UNIT PRICE AMOUNT $4,891.76 $4,891.76 $6.00 $5,197.14 $17.50 $35,630.00 $18.00 $36,648.00 $6.00 $12,216.00 S4.00 $8,144.00 $102,726.90 $!8.00 $4,451.76 SI.SO $2,061.00 $2.00 $2,748.00 $9,260.76 $16,798.15 $128,785.81 I. The existing road width for the developer's half of Gra)1own Rd is approximately 15.75 ft. OPC assumes an addition of8.25 ft. required by the City of Schertz CDC . .Excavation {Streets) is assumed to be 0.39 cy/lffor the additional length of Secondary Rural Arterial section. In addition to the City of Schertz standard Secondary Rural Arterial Section, header curb will be constructed along the full length of Graytown Rd. Graytown Rd ~ I I •'"'1i'oifl) ·---'"----!!'!!!!I .... -"=~-""====-•-"-===·~ Figure 17. Secondary Rura l Arte rial Section-Ware Seguin Road. EXHIBIT "C" The Surety f See attached I