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Home My WebLink AboutRes 2021-12-1073 Roadway Inpact Fee Reimb Agree with Risland MantuaCITY OF ANIMA, TEXAS RESOLUTION NO. "013 A RESOLUTION OF THE CITY OF ANIMA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A ROADWAY IMPACT FEE REIMBURSEMENT AGREEMENT WITH RISLAND MANTUA, LLC, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is seeking to construct Rosamond Parkway from US 75 to State Highway 5 in Anna, Texas ("the Project"); and WHEREAS, Risland Mantua LC is the owner of real property located at the northeast corner of US 75 and proposed Rosamond Parkway; and WHEREAS, the proposed alignment of Rosamond Parkway will require significant right -of --way from the Risland Mantua commercial tract; and WHEREAS, the City is seeking to enter into a Roadway Impact Fee Reimbursement Agreement with Risland Mantua, LLC, for the Project; and WHEREAS, the Roadway Impact Fees to be reimbursed will come from Roadway Impact Fees generated by future development of the Risland Mantua commercial tract; and NOW THEREFORE, BE 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. The City Council hereby approves entering into and authorizes the City Manager to execute a Roadway Impact Fee Reimbursement Agreement with Risland Mantua, LLC as shown in Exhibit "A" attached hereto. PASSED AND APPROVED by the City Council of the City of Anna, 2021. 1 ATTEST: City Secretary, Carrie L. Land APPROVED: rn,,rn/ OF Aid 10ayor, Nate Pike 7%E)( Texas, on this Aay of EXHIBIT "A" (Roadway Impact Fee Reimbursement Agreement on following pages) tOADWAY IMPACT FEE REIMB RSEMENT AlLyn EIV-M I F MANTUA COMMERCIAL rhis Roadway Impact Fee Reimbursement Agreement tur Ris an 'Agreement") is entered into by and between the CITY OF ANNA, TEXAS (the "City") and �-ISLAND MANTUA5 LLC, a Delaware limited liability corporation ("Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as -he "Parties," or, each individually, as "Party"; and WHEREAS, it is me ParLICS MULud �11 matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof to the extent that this Agreement and any such previous agreement are in direct conflict; and A, 4+ c and desires to develon certain real VV I V at property in Collin County, Texas, composed of approximately 5554801 acres of land loc ed entirely within the extraterritorial jurisdiction and corporate limits of the City of Anna, more particularly described in the attached Exhibit A (the "Property"); and WHEREAS, the City makes the finding that the Roadway Project, as hereinafter defined, is an eligible project on the City's Capital Improvement Plan and qualifies for impact fee reimbursement or credit under Chapter 395, Texas Local Government Code; and -n-vu"-D in consideration of the mutual covenants contained herein, the Parties igree as follows: VVTION 1 R ITALS INCORPORATED rhe recitals set forth above are incorporated herein as if set forth in full to further describe the ?arties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS �itv Code means the Anna City ( �ity Manage means the current or acting City Manager of the City of Anna or a person designated o 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 Regulations mean City Code provisions, ordinances, design standards, and uniform codes, y a uF Collected Roadwqy.lLupact Fe shall have the meaning ascribed to that term in Section 4(b)(1). )evelopeCs Dedication, with respect to the Roadway Pr ect, means: the right ot way an 1 ty of Anna by or on behalf of Developer ,asements as defined in Exhibit B. and dedicated to the Ci "or the construction of the Roadway Project& Final Roadway Reimbursement Amount, with respect to the oadway Pr eCL, MeaL10 Q 0.00 or the total amount of Collected Roadway Impact Fees amount equal to the lesser of $479,74 erty. No additional costs shall be received by the City for building permits issued on the Prop considered eligible for reimbursement* roper means therealpropeiLy aS �S ... �,oadw Impact Fee Reimbursement PropeLty means real property as defined in Exhibit from ,vhich Collected Roadway Impact Fees shall be eligible to be reimbursed upon development. n+1 construction of oadway IMprovemenIS means ngl, �qy F concrete paving, storm drainage, curbs, signagge, roadway transitions, turn lanes, pavement marty,ings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadw Project means the construction of Rosamond Parkway generally described, without limitation, as the installation of concrete road paving and associated utilities generally depicted in Exhibit C attached hereto, and in accordance with construction plan(s) approved by the City. +11� Mp5minor ascribed to that term in Section 4( #i i�vvriDA-r P-ROVISIONS a) Documentation of Actual Amount Paid. Once a building permit is issued on the Roadway Impact Fee Reimbursement Property and Collected Roadway Impact Fees are received by the City, the City Manager shall review the documentation provided and shall approve 6 reimbursement of Roadway Impact Fees according to Section 4(b)(1) in a dollar amount equal to the lesser of $479,740.00 or the total amount of Collected Roadway Impact Fees received by the City for building permits issued on the Property, within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld). Upon approval of Roadway Impact Fee Reimbursement, the City shall issue payment to Developer. ty's engineer or other City employee or (b) A + fn f1l; Q pproval of Plats/Plan Approval by the City, the Ci representative5 ot any plans, designs o-L svec Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its 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, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer 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. U) ndemnification and Hold Harmless. DEVELOPER CIO VEIN An 13 A " A IIARMLESS AND NDEMNIFY AND DOES HEREBY INDEMNIFY HOLD I �GREES TO DEFEND THE CITY ITS OFFICERS AGENTS SERVANTS AND ��MPLOYEESI FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR :'ROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURYII, INCLUDING, NITHOUT LIMITATION, DEATHs TO ANY AND ALL PERSONS, OF WHATSOEVER IOND OR CHARACTERI, WHETHER REAL OR ASSERTED INCLUDING 'WITHOUT LIMIT 1111ITION I REASON,A,B,L,L,,ATTORNEYS1 FEES 1 11111 1 1 NINE I III I WIN= 11 111 RT WITNESS FEES AND RELATED "D RELATED EXPENSES, EXPE] QN EXPENSES AND OTHER CONSULTANT FEES AND RE LATED EXPENSES1 I liiiii NINE MINIM A S I I I N I G 111 0 1 UT III OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, RIS THE NEGLIGENT OR OTHERWI;E WRONG FUL ACTS OR OMISSIONS OF EVELOPERI ITS AC'rENTSiSERVANTS CONTRACTORS S,U,,BM,,0NTRACTO1_0Q_ IN CONNECTION WITH THE DESIGN, MATERIAL MEN OR EMPLOYEES CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY8 SUCH INDEMNITY SHALL SURVIVE THE TERM, OF THIS AGREEMENT., AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGNI, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT OR WATER PROJECT NOR THE MEANS, METHODS5 TECHNIQUES5 SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN5 CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO [E CITY AGAINST ANY AND INDEMNIFY, HOLD HARIvILESS,,I,,,,,A,N,,D,,,,D,E,F,,E,,ND TIH liiiiiiiiiiiiiii I MEN III I III I I IN NINE III 1 11 ALL CLAIMS OR SUITS BY ANY WIN P I E 11 R I S I ON III C I LAIMING AN INTE,,RMST IN THEI NINE I I OEM MINE I III PROPERTY WHO HAS NO I r 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) ARISE IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT., NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENTI, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY3 DEFEND. OR HOLD THE CITY HARMLESS FORTHE CITY'S OWN NEGLIGENCE5 GROSS NEGLIGENCE OR WILLFUL MISCONDUCTI. TION 4 PROJECTS a) Developer Obligatio As a condition to recei eveloper agrees Lo e Ca C & he Roadway Project in accordance with all documents shown in Exhibit Developer shall xecute the dedication documents on or before the 21st day of December, 2021. �ity Obligations in accordance Reimbursement Property as described in Exhibit A at the time of issuance Or D1111ding permits (the "Collected Roadwgy Impact Fees") and place such Collected Roadway Impact Fees in a separate and clearly identifiable interests,obearing account. The City shall reimburse Developer up to the $479,740.00 in the aggregate (the "Roadw 6 Reimbursement") 5 with such Roadway Reimbursement occurring as building permits are a permits issued and impact fees are collected. Within 30 days of the City issuing building for development of the Roadway Impact Fee Reimbursement Property and receiving Collected Roadway Impact Fees, the City shall provide the Roadway Reimbursement to Developer monthly as building permits are issued until the Final Roadway Reimbursement Amount has been paid in full. Notwithstanding the foregoing or any other provision of this Agreement, the Collected Roadway Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Roadway Reimbursement Amounts tl�� c A reement the Roadwav INOtWILUSLand ng e Ms b Reimbursement authorized by this Agreement and any and all of the City's other obligations under this Agreement shall expire on December 31 in the tenth year after thedate of the final conveyance of the Road Project to the City*& kgreement is fully and properly affixed to this Agreement and acknowledged by a public notary. rhe City's duties and obligations hereunder shall not arise unless and until all Parties have duly ,xecuted this Agreements rr-F-DX41NATION Fhis Agreement and all obligations of the Parties hereto, shall terminate upon full performance of he terms of this Agreements -PCT]r N 7 S CCESSORS AND ASSIGNS a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS a) Authority to Execute Contract. The undersigned officers anct/or agemS ol e al Ca C 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. Default and Oppo ily to Cure. A Party will be in default under this Agreement it aL alLy 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 Roadway Impact Fee 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 4 to the Parties mail, certified or registered, postage prepaid, return receipt requested, addressed at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provisiona tn: City Twanagei 0. Box 776 1 N. Powell Parkway a, TX 75409 1 A Mantila LLC n. %� " 00 Tennyson Pkwy #230 ano, Texas 75024 �1�ndies the entire Agreeme and cannot be varied or terminated except as se agreement of all Parties expressly amending the terms of this Agreement. c) Applicable La and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies M 0 in a court of competent jurisdiction in Collin County, Texast (f) Severabili y. If any clause, paragraph, section or portion of this Agreement shall be found to +1� I�QIQ-nr�p Of the Agreement be illegal, unlaw , U11COI, 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) R�resentation, Each signatory representing this Agreement has been react Dy Inc patty which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. 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. Waiver. Waiver by any Party or any breach ot MIS A�greeruen , o 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 A Miscellaneous Dra ing 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 Patty shall not apply, Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this doe-Liment. _r� +1� j� cinrl Pvclusive benefit of the Parties No other ene c 4 hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) CounteEpar . This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. nVA;tIq"C% No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Patties. 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. (n) Exhib * Exhibit A xhibit B Right of Way and Easement Dedication Documents .xhibit C The Roadway Project Plans DEVELOPER: RISLAND MANTUA, LLC a Delaware limited liability corporation By: Risland Mantua, LLC By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notazy public, on the day of , 2021, personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me and verified that he/she executed the same for the purposes and consideration therein expressed and in his/her capacity as of Risland Mantua, LLC. Notary Public, State of Texas (SEAL) Roadway Impact Fee Reimbursement Agreement for Risland Commercial Page 7 By: \ Ji Proce, City anager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the I day of , 20211 personally appeared Jim Proce, 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. W %RF% L. LAND otaty Public, State of Texas My Notary ID # 11419404 Expires February 4, 2023 (SEAL) Roadway Impact Fee Reimbursement Agreement for Risland Commercial Page 8 EXHIBIT A The Property 1 �Of CH 37:1 i Atrea z y L _a CH 371 a I tbnAtrt/xe E7JI , ,187130 area area 1,11a �X;Zaaav Tax CR Axw n4- -- t: P _. made ist mail" Ar,..x L7J •.. •• .• i •.• �d _'� . a to d area add is no r lateral_.._ r- u_: 'Ii ilat.l? I Fi II lade II HI I ' made ad 370� -_ al'q 19 III I I WLSO r I 7 Area of Risland Mantua property within the City Limits and/or ETj of Anna, Texas (Field Notes on following page) relvey—W gner Surveying, IrIC* 222 West Mgn Street - Denison6 Tom 75020 ,(003) 46MIPI, Fax. (903) 4634088 w Email: kate��vbehvywapersurveymet �jBPL.SFizmRegilratiouN0, 10088100 BiIkkiFHohcy,RPLSJNIo.44SS �KhtvAWqg7wrRPLSAb-657S .138 Acres SMY,okTED in me County %. WWI, e A��3 ,bstx,act No. 92 27 and being a part of the I C. Binge Survey, Abstract No. 106. and being a part of the 5 5. 8 01 acre tra c t o f 1 an d Mir -ac t B) c onveyed fx o m Vi ola Lo rds me er, L. R to Rislan d M antua . LLC by ecial Slanmty Deed dated June 2 5� 201 S and recorded ja hishument No. 201 S06250 0078363 0, fficial Public F&corasr 7 Collin County� Temas � and b eing more particularly described by mates and oundsp as follows, to�viit: BEGWNM�G at a Y2 inch iebar found at the most Southerly Southeast comer of both said ,Iantua 555.801 ac. and the herein described tract; TBENCE South S9 deg. 05 min. 40 see. West, with a South line of said Mantua 555.SOI ac., ntering the pavement of Courrhr Road 370, a public road and continuing urith the pavement of samE for total distance of 749.14 ft, toa V2 inch liabar found in the East jight�ofway line of US, Hvq% No. 75� Lt the most Souffiern Southimest comer of both said Mantua 5 55.901 ic. and the herein described tract; THENCE North 00 deg. 34 min. 15 see. West, with the East jight�ofway line of saici US- Hwy. 5 and a West line of said Mantua 555.801 ac., a distance of 54.95 ft. to a 518 inch aluminum, capped *ebar icuriA at an ELI comer of both said Mantua 555.801 ac. and the herein described tract; THEINCE North S4 deg. 51 min. 37 sec. West, urith the North line of said US. Hw,%% 75 and a South line of said Mantua 555.801 ac., a distance of 184.48 ft. to a 519 inch rebar found att a Southurest cotner of both said Mantua 555.801 ac. and the herein described tract; THENCE Northerly. vath ffie East nght�ofwway line of said U S. Highway 75 and theWeq hae of said Mantua 555.801 az, the follouring calk and distanm: 1. North 43 deg. 05 min. 07 sec. West, a distance of 74.5S ft. to a 5,jS inch rebar rouna; North 01 der. 01 min. 05 see. West. a distance of 669.59 ft. to a point, North 05 deg- 53 min. 50 sec. East, a dilance of 300.13 ft. to a 518 inch rebar found; North 06 deg, 23 min. 16 see. Eal, a distance of 700.16 ft. to a 5'FS inch ribar fbund;� NoithO7 deg. 36 min. 56 tec. East, a distance of 1,100.00 & to a poiat: North 09 deg. 45 min. 02 see. East, a distance of 563.65 ft. to a point North 02 deg. 28 "min 15 sec. East, a distance of 167.29 ft. to a I P, inch cAPPed I-ebax set stamped 4TPLS 657 811; North GS ae& 12 min. 57 see. Ea�st� a distance of 570.60 ft. to a 518 inch rebar &W24- I tance of 204.07 ft. to a point; 4 Noit07 deg. 34 min. 0-4 see. East a diss 0. North 04 deg. 56 min. 27 see. East, a distance of 408, 10 ft, to a point; 1. North 08 deg. 50 min. 41 sec. Bait, a distance of 201.65 ft� to a 5�1 inch 41 aluminum capped rebar foun& a distance of 157.48 ft. to a SI inch �.Notth 03 deg. 46 min. 22 see� West, aluminum, capped rebar foun& 3. North 02 deg, 24 min. 41 see. East, a distance of 297.71 ft. to a 518 inac iebar found:; 4. Noith 01 der. JS min. 05 see. West, a distance of 373A6 ft. to a 5�8 inch iebar foullick -ebar .N. North 03 deg, 24 min. 5 3 see. Fas, a distance of 157,01 ft, to a 518 inch x foumi C North 10 deg, 51 min. 32 see. East., a distance of 626.29 ft, to a 98 in& rebar found; page, 1 of 2 North 39 deg. 05 min. 044 see. Easq, a distance or 14-3-29 Lt. 10 a foun(L .North 09 deg. 29 min. 48 sec. East a distance of 132.69 ift, to a 519 inch aluminum capped rebar found:w 9. South 88 (leg. 41 min. 03 sec. East, a distance of 2934 ft. to a 51 inch aluminwn capped rebar fouu(La O.North 01 deg. 36 min. 23 sec. East, a distance Of 109,73 to 3 51S inch aluminum capped rebar fioun& 1. North S8 deg. 24 min. 11 sec. West. a distance of 31.15 ft. to a 5!8 inch alummum capped rebar found: IV I ". North 06 deg. 45 min. 56 see. Wnt, a &stance of 160,06 & to a point; 3. North 34 deg. 41 min. 14 sec I�Iest, a distance of 15319 ft. to a 51 inch aluminum capped rebar fiound. 4. North 06 deg. 06 min. 17 sec. Are'st, a distance of 469�93 ft. to a 51 inch aluminum capped rebar found. 7 t4. North 14 deg. 15 min. 19 sec. Akt. a distance of 166- 13 ft. to a 513 inch aluminum. capped rebar found; 6. North 00 deg. 20 min. 17 see. Easq, a distance of 570,00 to a 51S inch aluminum capped rebar found at the Northwest coamer of the herein desexibed trict; and across blantua 555.801 ac.� distance of 473.61 ft. to a 111. inch rebar found at an Ell col"T otsa`cL Alantua j a the most Northern Northeast comer of the herein described tract; 0 ��4u de 57 min05 sec East. urith an East fine Of said Mantua 555.S q Iteling the pavement of county Road 373, a public road, and co=nwngvnm we Pa" 5a". stance of 913.95 ft, to an angle point: TBINCT. South 00 deg. 56 min. 55 sec- Eastt contmumi�w wiffi the pavement of said County ,oad 373 and an East line of said Mantua 55.'.SO1 ac�: a distante, of 6S9�52 ft to a Wl inch rebax found the centerline intersL�ctjon of said County Road 373 xvith Coumv Roaa 371, a public road, at an Ell mer of both said Mantua 555.801 ac. and the herein described tract; THEINCT South 89 deg. 3 9 min. 34 sec. Easti with the pavement of said County Road 371 and a Toith line of said Mantua ac., v�s V Omer of said Mnrua 555.801 ac. and the istance of 755.25 ft. to a 518 m& rabay found at a N"t"east c nost Fzstem. Northeast comer of the herein describedtract, THENCE South 01 deg, 06 min� 46 sec. 'West umffi a East line of said Mantua 555.SO1 ac.- re" mtexing of the pavement of said County Road 371. continuing with the pavement of same and leaving pavement of same and continuing on fcTa total &tance of 2,24U9 ft. to a ' V9 inch rebar found at a w and &e most Eastern Southeast comer of the herein Southeast comer of said Mantua 555.801 ac, described tract; TBEINCE North 86 deg. 36 min. 30 see. West with a South line of said Mantua 555.01 a4c., a distance of 77436 ft� to a 112 inch rebar found at an Ell cOmer of both said Mantua 555101 ac� and the herem described tract; TBENCT. South 00 deg. 33 min. 32 sec. Fast, nith an East linne of said Mantua 555.SOI ac., a . I distance of 43656.74 ft. to the PLACE OF BEGLNNING and coutmning 167138 ACRES of land- %knini I D ght of Way and asement Dedication Documents ROSAMONDPARKWAY RISLAND MANTUAv LLC NRY SMITH SURVEY, ABSTRACT No, 822 COLLIN COUNTY, TEXAS PAGE I OF 3 in me Cry of AnTia, Odin County, Texas, a PX1t or tierry STrith Sunvye EING a K91,01-WaY D-%cIc3bM*WR0s3WM Park*ay (a 12g %VCrA r�"-Of'%ay) Er*huat�a ty eed to FWanri hlarbm, LLCF re=62d In lns+rL�. �)sbractt4D,M,Mrqpaptota(;ailEdc�r-5.8013uencic(WckdewdtedasTradBin;3W.,ciaiVoWRft 0 %%0, 2m3I8O525OX78Y,3Q, Orl C531 PLIXIG RAOOrdsl Win Couh+y, Tem (0pjLC.C,T,)and WngnXfe p3rtcUK1YdeWLbed as Mims: ,COMMENCING at a brass nxinuarevitfOuM at an angle pcint of LAd 555-801 axe bad of lard ard the ncfAh end Of a Winner UP tetVELF! the nar0w�j U�S 75 %(%,i rcaJ (a varaWlm w(M r<ptoVAay) and Gouty Rom 'TO (an ulf)edcan.0 puLAIC rlghW�My'.� 1031 axe 17adt Of l2rid and tP r (4.!ZfsEt4 abras6rricinuav�ktfbindatanwLgrepcirktof"dSS5 d5j a 015ta HFJ4CE South 43 d�grees 05 ff-IrLtRS 14 &w�O anDe of 40 OT,h &.1a OT saij ccn).hr ofp; -HENCE SvA 84 61.rees 51 rrInt62s 44 spoords East, a (Mance 01 E2-09 fs4 to a aje_naffIrcft imn rod %Ilr)V�w FiBEUD Oap styrpmd waol-ILER E4G& (Aefeal r,er cWeJ capgeO Iron rW) set at Toe tegIviring Of a ncfl-t3r#9=n1 Whowe tDthe [=a ard "Ie POINT OF BEGINNING: FHENCE obw ald a3wM said 555-DII 3xe tract Of larcis the 'ciloWng MUSA and Llstarkvs: nomeastedy clTeMn a c1stance of 13D.2.3 feet harwirg a cerria arge a C6 dAgmea 32 A� �m #eS 52 K4DOhdsEaal a detalEe Cf 65.21 feet avid YAOGeumu tears �d curoa W the left and at thm tegr1n][19 Of Rcn-tF9�nt cA'vetO the 119M Ni -;Q SECOrds adL* Of i,2EO DO feml, a t3ryjwtIelV1)OT way drectIons a cagance ol`279,15L5 feet Ming a cWM angle CC 12 dage4SS 4-3 M11LIL -a rz 14D.53 feel ardw!1OSE Ch" I)AW04D(t E2 deTs'2645 ML164.65 12 wvlds East a rj5W)ce or rig-27 feet to a capped Iron rQd s%q 21"IeErld 016ald rim -tangent cun* tD the rgnt; Mkr, rod W at ite teg44jr.Ingof a nor�t:r#Vr,1cur%'e!c0a-P. lek Oeet, a t3lgull I�2 E( 48.83 fA lCe 0197.46 feet to a capped!ron rpd sat a ze encl of said M14M?Ft ald %VrLose urd roo . or beam Ncfth aS dqrees; 31 rrlrv�s 45 secords EaS1, a d1it& curtse tD the left, saAl cappad Iron rcid Or4rg In treAvfit drke of a eal'ed 159.e 19 wre tract c(larld cj� enli .Wted h a Ep.631 Warranty Daed!o LtUH Rm &I Ltd. recorded In lrrztuTpEnj No. MIDMI4246170, O.PRC-C.T,; ENCE ODA 00 Oerees 33 rrIruLes 39 s�.wds East, a Mstance Of 1M.E6 geet to a capped Vol rod set at the begirinlig or anoI�-Iangsnt curie 4a tirra fglL ftfn tich a one-hallmli Mi rod found at the soccheast ODqWGt sall 555.15011 axe tract of lard and toe nurnjeast comer cr a caled 17863 acm tract c(!&)J ciesCrhryrd a Special Vianwty Deed to Ann3 I Er LLC, mo:crded In InsInrren! 143,20161122CO314234401 0,P.RC.C.T. beari SWA D3 &Aye=S 13 fnInUez 39 EeMvIOE East 3 stance Of 4.67 feet ENCE In a SOWYNOEtErrY drectl0h, a M13rce Of 7O_M av 35.12 "t aia whose cmrd tears Sulln 85 6.mgeeii 16 rrArites 33 secords West a distance of 70.1 & imet �3 a poilt at the ecd of said rrin-taNeft curie OD U-P ;int said pcint boang In nz south One of sad 55cleo3j acre tract oT Ord ard 1he r"M tile Of 63M 17.1563 acre tract C( Mdv HENCE wog H-P scdn Ins of sa):1 E,55.EO I acre tract Mand ald the ry.Yth Irre Of soid 17-863 axe tact of lar)J, tina frMovi-Ig ccaseG and r1stames: jDcqq 59 dcg&Ees 05 MrrAes 33 seccols Vs'e4p a dEt3w ct 6M-14 fest to 3 pDrit fOf Ocrner, E;cUn 69 derces 36 nimites 46 seconds West, a distarxe cf So�69 feel to 3 pcint at Ina scLrIE= wrner Of S:411 555% &31 W� e ral Of land ard the ncfU*3Sl Don er or Ead j7Z53 axe LraA of land, I - riEtKEt4x�IDICecrt�s34n*IUL62DEeoco�EVk�stradctaqceor54.SL3fE�ttoap6r,it�fctmere -HENCE NN41 B4 dP97E45 �Zl Mutes 44 EeWICIS V*St a a etaice Of 122.6D f�ei to t2e P0114T OF BEGINNING and cort3illig 95,04-5 sluare deit or 2.203 acreS C( ird. A= OF nme 536is Of ba�mna Is devNed frrrn the S� u Pone CODrdnate S�ystEm., Texas Ncfth LLY M, OGSDON, JR, P.L.S. NO. 6487 GUST 17, 2021 PROJECT 6017 MAIN STR TWI02021 H:%,20\ISD202021\CmAirgo\Sarfvdf\Ro�cnd flak�ai ROW Ovu�=W"' d F,6-A�iy(flisland Varl A PAC,�ti5 BW.tI OWN: 4 •u � a tlYCfJ.CSQ z tluovcu�� 1'= 200' RIGHT-OF-WAY DEDICATION ROSAMOND PARKWAY RISLAND MANTUA, LLC HENRY SMITH SURVEY, ABSTRACT No. 822 COLLIN COUNTY, TEXAS PAGE 2 OF 3 G9(Lm: 555.E01 ,1L7�E5 rkacT e ffiswi mtvnw tcC p t57 Wo 2018062MM7836M O.EffCC.T. FUC�iF-0F+tIAY CEDICAl10N ROSNA04D PARKWAY 45,%86Q.FT. w-\ 2RXACAi'c3 L6 �r, ter: p ,,��rr-- a+ 2uccn•� Ay.'SRGC7,WY f,1°E1N7r- GVw r3T AdFa L1` cfis C3 JrPROTM �s rr � FRS 1iY6rMktllplA�O i4sr. Ad 09A.W.. 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