HomeMy WebLinkAboutRes 2020-02-681 Impact Fee Reimbursement Agree for Pecan Grove IIICITY OF ANNA, TEXAS
RESOLUTION NO.LO LO- Da � to 51
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
AN IMPACT FEE REIMBURSEMENT AGREEMENT FOR PECAN GROVE PHASE III
SUBIVISION BY AND BETWEEN THE CITY OF ANNA AND PECAN GROVE PHASE
I11, LTD, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED
HERETO, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Pecan Grove Phase III Subdivision is an active development project in
the City of Anna; and,
WHEREAS, the City requested for the Developer to construct 12 -inch water main
improvements in Finley Boulevard and Ferguson Boulevard; and,
WHEREAS, the 12 -inch water main improvements were not required for the development
of the Pecan Grove Phase III Subdivision, but are included in the City of Anna Water
System Master Plan; and,
WHEREAS, the cost to construct the 12 -inch water main improvements are eligible for
reimbursement through Water Impact Fees; and,
WHEREAS, Water Impact Fees shall be used to fund the total City share of the cost of
the 12 -inch water main improvements in an amount not to exceed $189,593.00.
NOW THEREFORE, = IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Funding.
That the City Manager is hereby authorized to reimburse the Developer for the cost to
construct the 12 -inch water main improvements as described in the Impact Fee
Reimbursement Agreement attached hereto as Exhibit "A."
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15tH
Jay of October 2019,
ATTEST:
APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
IMPACT FEE REIMBURSEMENT AGREEMENT
This Impact Fee Reimbursement Agreement (this "Agreement") is entered into between
"City") and Pecan Grove Phase III, Ltd., a Texas limited partnership ("Developer").
WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each
individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth
herein and shall supersede any previous agreement between the Parties only to the extent that any such agreement(s)
directly conflict with the terms of this Agreement; and
WHEREAS, Developer represents and warrants that it owns and desires to develop a parcel or parcels of real property
the "Property") in Collin County, Texas, which is composed of approximately 43.489 acres of land located entirely
within the corporate limits of the City of Anna and is more particularly described in the attached Exhibit A; and
WHEREAS, Developer intends to develop the Property as asingle-family residential subdivision known as Pecan
Grove Phase III ("Phase Ill"); and
WHEREAS, Phase III is located near street segments of Ferguson Boulevard and Finley Boulevard where the City
desires to have constructed a 12" water line (the "Future Water Line") to serve other development; and
WHEREAS, the timing of Developer's construction of the public infrastructure required to serve Phase III coincides
An the City's desired timeline for construction of the Future Water Line; and
WHEREAS, the Future Water Line is not necessary to serve Phase III, but Developer is willing to construct the Future
Water Line and the parties anticipate that Developer's construction of the Future Water Line will create efficiencies with
respect to construction costs and scheduling; and
WHEREAS, in exchange for Developers construction of the Future Water Line, the City is willing to reimbursement
Developer up to the actual cost of construction of the Future Water Line to the extent funding becomes available from
certain impact fees collected as set forth in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this
Agreement and said recitals constitute representations by Developer and/or the City to the extent so stated therein.
SECTION 2 DEFINITIONS
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City or a person designated to act on behalf of the City
Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager,
City Acceptance Date shall have the meaning ascribed to that term in Section 3(a).
City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly
adopted by the City.
IMPACT FEE REIMBURSEMENT AGREEMENT Page 1
Collected Water Impact Fees has the meaning ascribed to that term in Section 4(b)(1),
Construction Costs with respect to the Water Project, means the dollar amount actually paid for the engineering, design,
testing, Maintenance Bond, and construction for the Water Project. City inspection fees shall not be included in the
Construction Cost.
Development means the new development on the Property that is the subject of this Agreement.
Effective Date shall have the meaning ascribed to that term in Section 5.
Estimated Construction Cost means the estimated amount of $189,593 for total costs of construction of the Water
Project as shown in the estimate attached hereto as Exhibit C.
Final Construction Cost, with respect to the Water Project, means the total of all Construction Costs at the time of full
and final completion and dedication to the City of the Water Project.
Final Reimbursement Amount, with respect to the Water Project, means a dollar amount equal to the lesser of the
Estimated Construction Cost and the Final Construction Cost.
Maintenance Bond has the meaning ascribed to that term in Section 3(b).
Reimbursement shall have the meaning ascribed to that term in Section 4(b)(1).
Water Proiect means atwelve-inch (12") water line along the future Ferguson Boulevard and Finely Boulevard rights-
of-way, as generally depicted in the water plan attached hereto as Exhibit B.
SECTION 3 GENERAL PROVISIONS.
(a) Documentation of Final Construction Cost and Citv Acceptance. Once Developer fully completes the Water
Project, and before the City has accepted such Water Project after inspection, Developer shall provide the
City Manager with documentation reasonably acceptable to the City Manager evidencing the Final
Construction Cost, The City Manager shall review the documentation provided and shall approve or deny the
Final Construction Cost in writing within fifteen (15) business days (which approvals shall not be unreasonably
withheld). Upon approval of the Final Construction Cost, the City shall issue a written acceptance to
Developer, which shall signify the City's final acceptance of the Water Project ("City Acceptance Date").
(b) Maintenance Bond. For each construction contract for any part of the Water Project, Developer or Developer's
contractor further must execute a maintenance bond in accordance with applicable City Regulations that
guarantees the costs of any repairs which may become necessary to any part of the construction work
performed in connection with the Water Project, arising from defective workmanship or materials used therein,
for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). Developers
maintenance responsibility after the City Acceptance Date shall be limited to securing the Maintenance Bond.
(c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City
employee or representative, of
any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City
Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer,
his engineer, employees, officers or agents for the accuracy and competency of their design and
specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility
and liability by the City for any defect in the design and specifications prepared by Developer's engineer, his
officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer
IMPACT FEE REIMBURSEMENT AGREEMENT Page 2
or other representative signifies the City's approval on only the general design concept of the improvements
to be constructed and that the design plans and specifications meet the requirements of the City Regulations.
(d) Insurance. Developer or its contractors) shall acquire and maintain, during the period of time when the Water
Project is under construction (and until the full and final completion of the Water Project and acceptance
thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial
general liability insurance including personal injury liability, premises operations liability, and contractual
liability, covering, but not limited to, the liability assumed under any indemnification provisions of this
Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00.
Such insurance shall also cover any and all claims which might arise out of the Water Project construction
contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be
on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better
by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas, and (ii) name the City as
an additional Insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution
of public improvement construction contracts, Developer shall provide to the City certificates of insurance
evidencing such insurance coverage together with the declaration of such policies, along with the
endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days
prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such
cancellation, non -renewal or modification.
(e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND
DOES HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY ITS OFFICERS AGENTS
SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY INCLUDING WITHOUT LIMITATION
DEATH TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER WHETHER REAL OR
ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED
EXPENSES EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES
AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY,
THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER ITS AGENTS
SERVANTS CONTRACTORS SUBCONTRACTORS MATERIAL MEN OR EMPLOYEES IN
CONNECTION WITH THE DESIGN CONSTRUCTION OR INSTALLATION OF THE WATER PROJECT
INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY
SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY
CONTROL OVER OR CHARGE OF THE DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION
OF ANY OF THE WATER PROJECT THAT IS THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS,
METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN,
CONSTRUCTION OR INSTALLATION, THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE
BETWEEN THE CITY AND DEVELOPER, DEVELOPER FURTHER COVENANTS AND AGREES TO
INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS
BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO
HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S
RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY
MANNER OR ARISE IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT,
NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT,
DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS
FOR THE CITY'S OR ITS OFFICERS', AGENTS', SERVANTS', EMPLOYEES' AND CONTRACTORS' OWN
NEGLIGENCE, GROSS NEGLIGENCE, FAULT, OR WILLFUL MISCONDUCT, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF DEVELOPER AND CITY, RESPONSIBILITY
AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS,
IMPACT FEE REIMBURSEMENT AGREEMENT Page 3
SECTION 4 WATER PROJECT
(a) Developer Obligations.
Developer shall construct the Water Project generally depicted on the attached Exhibit B and in accordance with all
related construction plans and permits approved by the City and any other authorities having any jurisdiction over the
Water Project. Developer shall commence construction of the Water Project on or before the _ day of
, 20 and shall complete construction of Water Project on or before the _ day of
20
(b) City Obligations
(1) In accordance with the City Regulations and state law, the City shall collect water impact fees from
lots within Phase III at the time of issuance of building permits and place such impact fees in a
separate and clearly identifiable interest-bearing account ("Collected Water Impact Fees"). The City
shall reimburse Developer for the Final Reimbursement Amount by remitting the Collected Water
Impact Fees to Developer on a quarterly basis as such water impact fees are collected
("Reimbursement"). The City shall provide the Reimbursement to Developer until the Final
Reimbursement Amount has been paid in full to Developer; after which time, the City's obligation to
remit the Collected Water Impact Fees to Developer shall cease. The Collected Water Impact Fees
shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer
in connection with the Water Project even if the total amount of the Collected Water Impact Fees is
less than the Final Reimbursement Amount.
(2) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement and any
and all of the City's obligations related thereto shall expire on September 30 in the tenth year
following the City Acceptance Date,
SECTION 5 EFFECTIVE DATE
The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is
fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and
obligations hereunder shall not arise unless and until the City Manager and the Developer have duly executed
this Agreement.
SECTION 6 TERMINATION
This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms
of this Agreement.
SECTION 7 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants of Developer under this Agreement shall constitute covenants running with the
land and shall bind Developer and each successive owner of all of any portion of the Property.
(b) Except as otherwise provided, this Agreement shall not be assignable by Developer without the prior written
consent of the City. This Agreement may be assigned, in whole or in part, to future owners of the Property
without the prior written consent of the City, but upon written notice to the City. The Reimbursement (or portion
thereof) shall be fully assignable and transferable by Developer to builders or purchasers of all or any portion
of the Property without the prior written consent of the City, but upon written notice to the City.
IMPACT FEE REIMBURSEMENT AGREEMENT Page 4
SECTION 8 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly
authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties
hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such
authority have been duly passed and are now in full force and effect.
(b) Default and opportunity to cure. A Party will be in default under this Agreement if that Party breaches any
material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar
days following receipt of written notice from the other Party referencing this Agreement (or, if the Party in
breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably
requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably
necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject
to the cure period described herein, the non -breaching Party will have all available rights and remedies under
the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide
the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole
remedy in such event shall be to seek specific performance of this Agreement.
(c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and
shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same
are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid,
return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses
as such Parties may designate by written notice to the other Party or Parties in accordance with this notice
provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Developer: Pecan Grove Phase III, Ltd.
Attn: John Arnold
8214 Westchester Drive, Suite 710
Dallas, Texas 75335
(d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be
varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developer
expressly amending the terms of this Agreement.
(e) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin
County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction
in Collin County, Texas.
(f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal,
unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and
effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such
unlawful provision as may be valid, legal and enforceable.
(g) Representation. Each signatory representing this Agreement has been read by the part
y for which this
Agreement is executed and that such Party has had an opportunity to confer with its counsel.
IMPACT FEE REIMBURSEMENT AGREEMENT Page 5
(h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for
substantial consideration, the sufficiency of which is hereby acknowledged.
(i) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any
of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right
thereafter to enforce and compel strict compliance of the Agreement.
(j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language
of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption
or principle that the language herein is to be construed against any Party shall not apply. Headings in this
Agreement are for the convenience of the Parties and are not intended to be used in construing this document.
(k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Developer and is
not intended to and shall not confer any rights or benefits on any third party not a signatory hereto.
(I) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Developer and to any
successor Developer of the Property, shall be recorded in the Collin County property records, and runs with
the land.
(m) Counterparts. This Agreement maybe executed in a number of identical counterparts, each of which shall be
deemed an original for all purposes.
(n) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to
constitute a waiver of any other provision or any other agreement between the Parties. No waiver of any
provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by
written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a
waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer
under applicable City Regulations, except for the payment of impact fees as provided herein.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IMPACT FEE REIMBURSEMENT AGREEMENT Page 6
DEVELOPER:
Pecan Grove Phase III, Ltd.,
a Texas limited partnership
By: Pecan Grove Phase III GP CORPORATION
Its general partner
By,
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the
M. Skorburg, known to me (or proved to me) to be the
and acknowledged to me that he executed the same
Corporation in its capacity as general partner of Pecan
_ day of , 2019, personally appeared Richard
person whose name is subscribed to the foregoing instrument,
in his capacity as President of Pecan Grove Phase III GP
Grove Phase III, Ltd., a Texas limited partnership.
Notary Public, State of Texas
IMPACT FEE REIMBURSEMENT AGREEMENT Page 7
CITY OF ANNA
By:
Jim Proce, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2019, personally appeared
,known to me (or proved to me) to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna,
Texas.
Notary Public, State of Texas
IMPACT FEE REIMBURSEMENT AGREEMENT Page 8
ATTACHMENTS
Exhibit A —The Property (legal description)
Exhibit B —Water Project
Exhibit C —Estimated Construction Cost
EXHIBIT A
Property Description
BEING, a tract of land situated in the James Slater Survey, Abstract No. 868 and the R.C.
Ingraham Survey, Abstract No. 464 in the City of Anna, Collin County, Texas, being all of a
5.675 acre tract, as described in Doc. No. 2017111000048520 and a 67.295 acre tract, as
described in Doc. No. 20151021001332960, a 32.00 acre tract, as described in Doc. No.
20140731000808030, a 15.00 acre tract, as described in Vol. 5404, Pg. 22 and a 10.00 acre tract,
as described in Doc. No. 20140731000808030 in the Deed Records of Official Public Records,
Collin County, Texas, being more particularly described as follows:
BEGINNING, ata 5/8 inch iron rod found at the northwest corner of said 32.00 acre tract and
being the southwest corner of a 23.5 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed
Records;
THENCE, South 81°26'58" East, along the north line of said 32.00 acre tract and along the south
line of said 23.5 acre tract, for a distance of 858.39 feet, to a 1/2 inch iron rod set with a yellow
cap stamped "Corwin Eng. Inc.
THENCE, South 51°33'18" East, continuing along said north and south lines, for a distance of
315.46 feet, to a 1/2 inch iron rod found at the southeast corner of said 23.5 acre tract and being
the most westerly southwest corner of a 9.920 acre tract, as described in Doc. No.
20061220001790430, in said Deed Records;
THENCE, South 51°25'13" East, continuing along said north line and with the south line of said
9.920 acre tract, for a distance of 277.54 feet, to a 1/2 inch iron rod found;
THENCE, South 86009'33" East, continuing along said nort
h and south lines, for a distance of
83.32 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.
THENCE, South 190
29'06" West, departing said lines, for a distance of 63.50 feet, to a 1/2 inch
iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to
the left, having a radius of 445.00 feet, a central angle of 19°4226", and a tangent of 77.29 feet;
THENCE, along said curve to the left for an arc distance of 153.06 feet (Chord Bearing South
09°37'53" West - 152.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin
Eng. Inc.", at the point of tangency;
THENCE, South 009320" East, for a distance of 59.01 feet, to a 1/2
inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", in the north line of said 5.675 acre tract;
THENCE, North 88°4117 East, along Lite no, line of said 5.675 acre tract, for a distance of
44.48 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the most
easterly northeast corner of said 5.675 acre tract,
THENCE, South 00°46'37" East, along the east line of said 5.675 acre tract, for a distance of
112.52 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the
south line of said 32.00 acre tract;
THENCE, North 89°54'07" East, departing said east line and with the south line of said 32.00
acre tract, at 384.71 feet, passing the southeast corner of said 32.00 acre tract and being the most
westerly southwest corner of said 10.00 acre tract, and continuing for a total distance of 534.58
feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.";
THENCE, South 07°09'39" West, departing a south line of said 10.00 acre tract, for a distance of
208.28 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -
tangent curve to the right, having a radius of 3410.00 feet, a central angle of 02°51'27", and a
tangent of 85.05 feet;
THENCE, along said curve to the right for an arc distance of 170.70 feet (Chord Bearing South
84°16'05" East - 170.05 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin
Eng. Inc.";
THENCE, South 07°09'39" West, for a distance of 460.00 feet, to a 1/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of
2950.00 feet, a central angle of 00°05'01 ", and a tangent of 2.16 feet;
THENCE, along said curve to the right for an arc distance of 4.31 feet (Chord Bearing South
82°4750 East - 4.31 feet), to a 1/2 inch iron to set with a yellow cap stamped "Corwin Eng.
Inc.
THENCE, South 07°14'41" West, for a distance of 120.00 feet, to a 1/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", on anon -tangent curve to the left, having a radius of
2830.00 feet, a central angle of 08° 12'15 and a tangent of 201.44 feet;
THENCE, along said curve to the left for an arc distance of 405.23 feet (Chord Bearing Nort
h
86°51'27" West - 404.88 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin
Eng. Inc.";
THENCE, North 010
27'57" West, for a distance of 290.01 feet, to a 1/2 inch iron rod set with a
yellow cap stamped "Corwin Eng. Inc.", on anon -tangent curve to the left, having a radius of
3120.00 feet, a central angle of 04°26'37", and a tangent of 121.05 feet;
THENCE, along said curve to the left for an are
distance of 241.98 feet (Chord Bearing South
86°46' 17" West — 241.92 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin
Eng. Inc.";
THENCE, South 85°1038 West, fora distance of 371.20 feet, to a 1/2 inch iron rod found at
the southeast corner of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said
Deed Records and being in the west line of said 5.675 acre tract;
THENCE, North 00°13'20" West, along the east line of said 10.00 acre tract and the west line of
said 5.675 acre tract, for a distance of 412.38 feet, to a 1/2 inch iron rod found at the northeast
corner of said 10.00 acre tract;
THENCE, South 88°28'07" West, departing the west line of said 5.675 acre tract and along the
north line of said 10.00 acre tract, at 998.31 feet, passing a 1/2 inch iron rod found at the
northwest corner of said 10.00 acre tract and continuing for a total distance of 1272.21 feet, to
a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the west line of said
32.00 acre tract and being in the east line of a 15.0 acre tract, as described in Vol. 4162, Pg. 2694
insaid Deed Records;
THENCE, North 15°42'13" East, along said east and west lines, for a distance of 1076.18 feet, to
the POINT OF BEGINNING and containing 43.489 acres of land.
EXHIBIT B
Water Project
(see attached)
EXHIBIT C
ESTI�IJ&TED CONSTRUCTION COSTS
rater Project
Estimated C'ouarucdou C'o-t:
Stmtmat•y
GrotecJ:aica; imestieanoo I 15 T 1.590.00 T 1.50000
Lksign Sing I LS $ 3.000.00 T 3100000
Eugmea ma Desim 1 LS TIS 00000 $ 15,00000
Engineering Design Total 19 ;00
DwsLqt Tesrmu Total i LS 53.500.00 T 3.500.00
Boad Taal I LS �$4_24.0? $ 424 07
Coaacdaa Staidas 1 LS 51.615.00 $ 2.615.00
Sab-Total �lll Snit Costs 26 0 3y 0"
TOT�I. ESTi1L�1TED C`O�'SIRt CTIOti C 05T5 51.59.>9 i
Fet�.en BM- and Fein} Bkd. �" R'ater Line
Description llaaatih• Coit tut Price Item Ataotmt
Rater-PLrc-C 900.1_' -.if0 U 13730 $95.615
Wast-VLi'es Gale 6* EA SLO00.00 57.000
Lthtet -%WhIs -Gme - 8' LA $1.300.00 $3.900
Rater - Vah•es - Gate -12° 9 LA $2.4OO.04 $11.600
R:ter Alah e> - 2` Blow Off ) EA $1.100.00 $3.600
water -Raimp - D.L Apt Ftt np 12" t) L $1.50000 $1.500
Water-Fvm 41irelis*=Assearl?ts 5 LA $3.300.00 519.800
Rater - F&zp - Misc. W.Nles -1' Air Release Vahe on 12 Lire I LA 13.470.75 $3.471
Rater-Gewil-Cleating I EA $5.500.00 $5.500
Rater - Ger ml - Pressaue Test & DWrda.a=' - Lecear Foot ' LF $030 $1.275
Rater - Cmw3l - Trench Safety iko Rata) 1 LS $283.00 $183
Rater - GeD631- vob&um LS $13.053.00