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HomeMy WebLinkAboutRes 2014-12-13 ILA Lakeview Estates Phase 1 Subdivision Improvement AgreementCITY OF ANNA, TEXAS RESOLUTION NO. 2014-12-13 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR LAKEVIEW ESTATES, PHASE 1. WHEREAS, the City of Anna, Texas (the "City") and Bloomfield Homes L.P. ("Owner") desire to enter into a Subdivision Improvement Agreement to address the dedication of parkland, and the construction of certain roadway and park improvements in connection with the construction of Lakeview Estates, Phase 1; and, WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of this Agreement will benefit the City and is in the best interests of the citizens of Anna; 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. Approval of Agreement. The City Council hereby approves the Subdivision Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same, subject to execution and approval by Collin County of the Interlocal Agreement with Collin County for the Construction of Ferguson Parkway, attached hereto as Exhibit 2, and subject to execution and approval by the Owner of the Economic Development Agreement attached hereto as Exhibit 3. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. Section 3. Expiration of Approval. The City Council's approval of the Agreement and the authorizations provided for under Section 2 of this resolution shall expire if the Owner fails to fully execute this Agreement (Exhibit 1) and the Economic Development Agreement (Exhibit 3), and deliver said fully executed agreements to the City Manager on or before December 31, 2014. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 16th day of December, 2014. ATTEST: Lff4dd6,—,- NafKa Wilkison, dfj Secretary RES. 2014-12-13 Lakeview Estates PH 1 Subdivision SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Bloomfield Homes, L.P., a Texas limited partnership ("Owner"). WHEREAS, Owner 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 that this Agreement, and shall supersede any previous agreement between the Parties and City Regulations only to the extent that any such agreements or City Regulations directly conflict with the terms of this Agreement; and WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of 53.960 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached Exhibit A; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, WHEREAS, Owner understands and acknowledges that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Owner's voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit Owner's development of the Property; 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 Owner and the City. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager if the designation is in writing and signed by the current or acting City Manager, City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. SUBDIVISION IMPROVEMENT AGREEMENT — Page 1 Development means the new development on the Property that is the subject of this Agreement. Public Improvements mean, collectively, the following categories of improvements that shall be owned and maintained by the City: Roadway Facilities, and Park Facilities, Park Development Fees means fees charged by the City to a developer or builder for the general purpose of funding the construction of park facilities as described Part III -A, Article 4, Section 5.03 (d), of the Anna City Code of Ordinances. Park Facilities mean the following improvements to be constructed by the Owner in accordance with design/construction plans to be approved by the City as described and/or depicted in further detail in Exhibit E, (1) the Phase I Park Improvements described on Exhibit E as the Slayter Creek Trail and Lake View Park Improvements. Roadway Facilities mean the following improvements to be constructed by the Owner in accordance with design/construction plans to be approved by the City: the Ferguson Parkway Roadway Improvements that are defined as the "Project", and as described and/or depicted in further detail, in Exhibit B. SECTION 3 GENERAL PROVISIONS. (a) Performance Bond, Payment Bond and Other Security. For each construction contract for any part of the Public Improvements, Owner or Owner's contractor must execute a performance bond in favor of the City, naming the City as an obligee, for the construction and work covered by those contracts, which bonds shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations. For each construction contract for any part of the Public Improvements, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Public Improvements, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Public Improvements constructed under such contract. (b) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement or in Exhibit B attached hereto, Owner shall provide all Public Improvements, including streets, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to the City except as provided herein, in accordance with City Regulations, and as approved by the City's engineer or his or her agent. Owner shall cause the installation of such Public Improvements within all applicable time frames in accordance with the City Regulations unless otherwise approved herein. Owner shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City's engineer or his or her agent prior to approval of a Final Plat. Construction of such SUBDIVISION IMPROVEMENT AGREEMENT— Page 2 improvements shall not be initiated until a pre -construction conference has been held regarding the proposed construction and City has issued a written notice to proceed. (c) Acceptance of Public Improvements and Owner's Remedy. It shall not be a breach or violation of the Agreement if the City withholds City utility services of any type that it is obligated to provide under this Agreement or otherwise obligated to provide until all required Public Improvements are properly constructed according to the approved engineering plans and City Regulations, and until such Public Improvements are dedicated to and accepted by the City. From and after the inspection and acceptance by the City of the Public Improvements and any other dedications required under this Agreement, such Public Improvements and dedications shall be owned by the City. Owner's sole remedy for nonperformance of this Agreement by the City shall be to seek specific performance and payment pursuant to the terms of this Agreement. (d) 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 Owner 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 Owner, 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 Owner's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed. (e) Insurance. Owner shall require its contractor(s) to acquire and maintain, during the period of time when any of the Public Improvements are under construction (and until the full and final completion of the Public Improvements and acceptance thereof by the City): (a) workers compensation insurance to the extent and 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. Owner shall require that said commercial general liability insurance policies from the contractors name the City as an additional insured. Coverage must be on an "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, Owner 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. SUBDIVISION IMPROVEMENT AGREEMENT —Page 3 (f) INDEMNIFICATION and HOLD HARMLESS. THE OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OF THE OWNER (BUT NOT THE NEGLIGENCE OF ANY CONTRACTORS, ENGINEERS, ARCHITECTS OR OTHER PARTIES), IN CONNECTION WITH THE CONSTRUCTION OF THE PUBLIC IMPROVEMENTS ARISING PRIOR TO THE CITY'S ACCEPTANCE OF THE PUBLIC IMPROVEMENTS AND DELIVERY OF THE MAINTENANCE BONDS RELATING TO SUCH PUBLIC IMPROVEMENTS AS REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE OWNER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE OWNER AND THE CITY, THE OWNER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE OWNER'S OWN PERCENTAGE OF RESPONSIBILITY. THE OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON THE OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. (f) Relationship of Parties. At no time shall the City have any control over or charge of the Owner's design, construction or installation of any of the Public Improvements that are the subject of this agreement, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. There is no joint enterprise between the City and Owner. (g) Construction Standards and Inspection. The Public Improvements required for the development of the Property shall be constructed and inspected—and all applicable fees shall be paid by Owner in accordance with applicable state law, City Regulations and other development requirements, including those imposed by any other governing body or entity with jurisdiction over the Authorized Improvements. (h) Limit of City Participation and Procurement Method. Notwithstanding any other provision of this Agreement, the limit of City participation in funding construction of the Public Improvements that are not competitively bid in compliance with Texas Local Government Code Chapter, 252 shall not exceed 30% of the total contract price; provided, however, that said 30% limitation shall not apply to the City's participation in funding the cost for any oversizing of any of the Public Improvements, including but not limited to increased SUBDIVISION IMPROVEMENT AGREEMENT— Page 4 capacity of improvements to anticipate future development in other areas. As such, the City's reimbursements required to be made to Owner under this Agreement—at least with respect to the offsite oversized improvements are not included in determining the 30% limitation and the City may participate with funding said improvements up to 100% of the construction costs to the extent required under this Agreement. Neither this subsection (h) nor any other provision of this Agreement limits the City's authority under Chapter 380 of the Texas Local Government Code to make a grant under a program to promote economic development, and the limitations set forth above shall not modify or limit the obligations of the parties set forth in Exhibit B. (i) Books and Records of Owner. If any of the construction contracts for the Public Improvements are not competitively bid in compliance with Texas Local Government Code Chapter 252, then with respect to any information related to those contracts the Owner's books and records shall be available for inspection by the City at all reasonable times upon the City's prior written request. SECTION 4 ROADWAY FACILITIES (a) Owner's Obligations. (1) Owner is responsible for funding and construction of the Roadway Facilities. Prior to City acceptance of the public infrastructure improvements required to serve Phase I of Lakeview Estates (as shown in Exhibit F), Owner shall construct the Roadway Facilities. (2) Within 18 months of the Effective Date subject to extension for Force Majeure, Owner agrees to complete in a good and workmanlike manner construction of the Roadway Facilities, If Owner fails to fully complete construction of the Roadway Facilities in said manner within 18 months of the Effective Date of this Agreement subject to extension for Force Majeure, then the City's obligations under this Section 4 shall terminate. (b) City Obligations. City shall provide an economic development incentive grant as outlined in the Economic Development Agreement attached hereto as Exhibit B. SECTION 5 PARKLAND (a) Owner Obligations. Owner shall donate by irrevocable deed of dedication for public use, the form and content of which is attached to this Agreement as Exhibit C, approximately 9.132 acres of land (the "Park Land") to the City of Anna currently intended by the City to be used for the development of park and recreation facilities (said land being as described in more detail in the attached Exhibit D). Owner shall duly execute and deliver a copy of said deed of dedication to the City within 30 days of the Effective Date of this Agreement. SUBDIVISION IMPROVEMENT AGREEMENT— Page 5 (b) City Obligations. City agrees that such dedication shall satisfy the park land dedication requirement outlined in the Anna City Code, Part III -A ("Subdivision Regulations"), Article 4, Section 5.03(a) for the development of Property. SECTION 6 PARK FACILITIES (a) Owner Obligations. (1) Owner is responsible for funding all costs (the "Park Facilities Costs") for, and for the construction of, the Park Facilities. Prior to City acceptance of the public infrastructure improvements required to serve the Phase I of Lakeview Estates (as shown in Exhibit F), Owner shall construct the portion of the Park Facilities described as the Phase 1 Park Improvements on Exhibit E. (2) Owner agrees to complete in a good and workmanlike manner construction of the Phase I Park Improvements. If Owner fails to fully complete construction of the Phase I Park Improvements in said manner within 18 months of the Effective Date of this Agreement subject to extension for Force Majeure, then the City's obligations under this Section 6 shall terminate. (b) City Obligations. (1) City agrees that it shall not be entitled to collect, and shall forgo collection of, the Park Development Fees that would normally be charged to Owner or its successors and assigns in connection with the issuance of building permits for single family homes to be constructed on lots located in the Property or within the West Crossing Subdivision (as described in Exhibit G), provided that the amount of Park Development Fees which will not be collected pursuant to this Section 6(b) shall not exceed $146,707. Notwithstanding any other provision of this Agreement, City's obligations under this Section 6(b) shall expire on December 31 in the year that is fifteen years following the Effective Date even if the total amount of Park Development Fees waived by the City under this Section 6(b) is less than $146,707. SECTION 7 DEVELOPMENT FEES Except as otherwise expressly stated in this Agreement, Owner shall pay all applicable development and permit application fees and inspection fees in the amounts and at the times as required under generally applicable City Regulations that are in effect at the time each required development or permit application for the Property is accepted as substantially complete by the City. SUBDIVISION IMPROVEMENT AGREEMENT — Page 6 SECTION 8 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 notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Owner has duly executed this Agreement and delivered same to the City. SECTION 9 TERMINATION (a) This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement or if Owner does not satisfy one of the following events: (1) Owner fails to meet all requirements (per City Regulations) necessary to file a final plat of Phase I of Lakeview Estates (as shown in Exhibit F), consisting of at least 90 residential lots in the Land Recordings with the Collin County Clerk's Office within two (2) years of the Effective Date of this Agreement; or (2) This Agreement has been terminated as otherwise set forth in this Agreement. SECTION 10 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Owner under this Agreement shall constitute covenants running with the land, and shall bind Owner and each successive owner of all of any portion of the Property; provided, however, the terms of this Agreement shall (i) not be binding on the owner of any residence that is purchased by such owner from a homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any mortgagee who finances or refinances residences constructed on the Property. (b) Without limiting the generality of the foregoing and except as otherwise provided in this paragraph, Owner has the right (from time to time upon delivery of 14 days' prior written note to the City) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Owner under this Agreement, to any person or entity (an "Assignee") that is or will become an owner of any portion of the Property or that is an entity that is controlled by or under common control with Owner. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to an Assignee if the City, after action by the City Council (which action shall be considered by the City in good faith based upon financial and performance criteria, and which action shall not be unreasonably withheld, conditioned or delayed), notifies Owner within 14 days of receipt of the written notice required by this Section 10(b) that such Assignee fails to satisfy the City's financial and performance criteria. If the City provides such notice to Owner then the Parties, within 14 days of such SUBDIVISION IMPROVEMENT AGREEMENT —Page 7 notice, shall mediate the dispute. The mediator shall be mutually agreed-upon; and the cost of such mediator shall be paid equally by the Parties. The mediator's determination shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party willing to mediate shall be binding. (c) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. SECTION 11 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) 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 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 SUBDIVISION IMPROVEMENT AGREEMENT—Page 8 If to Owner: Bloomfield Homes, L.P. Attn: Donald J. Dykstra, President 1050 E Hwy 114, Suite 210 Southlake, TX 76092 With a copy to: Bellinger & Suberg, L.L.P. Attn: Glen A. Bellinger 10,000 N. Central Expressway, Suite 900 Dallas, TX 75231 (c) Complete Agreement. This Agreement and the exhibits attached hereto embody the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement and the exhibits attached hereto, or by written agreement of the City and Owner expressly amending the terms of this Agreement. (d) 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. (e) 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. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) 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. (i) Force Maieure. Any deadlines and the time frames for Owner's performance as set forth in this Agreement shall be extended by time frames equal to any delays caused by events of "Force Maieure" which include an act of God, fire, earthquake, floods, explosion, adverse weather, war, terrorism, invasion, acts of enemies, insurrection, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market for reasons other than cost increases, unavoidable accident, failure of transportation, strikes, lockouts, action of labor unions, condemnation, laws, orders of governmental or civil military or naval authorities, governmental restraint, SUBDIVISION IMPROVEMENT AGREEMENT —Page 9 governmental delays in approving plans and issuing permits in cases where same are ultimately approved or issued, when the foregoing causes are not within the reasonable control of Owner. (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, Owner and Payee and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto except as provided in Section 11(e) hereof. (1) Binding: Effect, This Agreement shall bind and inure to the benefit of the City and Owner and to any successor owner/developer of the Property, may be recorded in the Collin County property records, and runs with the land. City agrees to execute documents in recordable form evidencing completion of one or more Public Improvements once completed in accordance with this Agreement. (m) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] SUBDIVISION IMPROVEMENT AGREEMENT—Page 10 BLOOMFIELD HOMES, L.P., a Texas limited partnership By: Bloomfield Properties, Inc., a Texas corporation, its General Partner Z Donald J. Dykstra, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Before me, the undersigned notary public, on the day of _ 2014, personally appeared Donald J. Dykstra, 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 President of Bloomfield Properties, Inc., a Texas corporation, as General Partner of Bloomfield Homes, L.P., a Texas limited partnership, and on its behalf. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT—Page 11 CITY OF ANNA By: Philip Sanders, City Manager IN WITNESS WHEREOF; STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of , 2015, personally appeared Philip Sanders, 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 SUBDIVISION IMPROVEMENT AGREEMENT — Page 12 ATTACHMENTS ExhibitA —The Property (legal description and survey drawing) Exhibit B — Economic Development Agreement Exhibit C — Parkland Dedication Deed Exhibit D — Park Land (legal description and survey drawing) Exhibit E— Park Facilities Exhibit F — Final Plat, Phase 1 Lakeview Estates Exhibit G —West Crossing Subdivision SUBDIVISION IMPROVEMENT AGREEMENT—Page 13 z M-Mlolu The Propert I $ e pYp d d 3 cStsYdg8` g%€ss�.¢} e i i 5 9§ g a a 3 8¢6 sY sig Ed9 54' fig g E 3z sgf S 5 s s 5g' 14 #B� i•F tY aa• €p�f; _;�2a yy 6 $ a j5ty�;_26f•yg�gqs a a55 s55 a s a}} s e e 0�U., ag; 6g ��3i hYY eg -��g an q3l a F ` i i€ a e i 21 �`y� ° t CBg Ee �a :d Yg $EaL E i 1A e JoAg$ ¢d i# aF sE !C '1{�Y' a�o-� °i a_ F Y. _ 6 JJ 4s pp {{ e @@ pp p ei$$ caE e__ 6,[ 111KpI Ca `r S�LLggi9;y°o--g8 i e a • P 4 k 4 §� ;� a:f F baa = i � en "° #*6io` $lisa$B,ta a#EI its is ii 5j 3; sia is $iF v agSBIg els �:"� $sx F a ."Ii u?F uai B@@s deaf d- u e g aF'6-7d 5 ttyostt, }7ya�3z9n €Shi Q , F s5�F $s9 �G r w tt �a 1 ley 4 ya -- E— �5 �a gg1 S� 9 Qoy Wily I $ e pYp d d 3 cStsYdg8` g%€ss�.¢} e i i 5 9§ g a a 3 8¢6 sY sig Ed9 54' fig g E 3z sgf S 5 s s 5g' 14 #B� i•F tY aa• €p�f; _;�2a yy 6 $ a j5ty�;_26f•yg�gqs a a55 s55 a s a}} s e e 0�U., ag; 6g ��3i hYY eg -��g an q3l a F ` i i€ a e i 21 �`y� ° t CBg Ee �a :d Yg $EaL E i 1A e JoAg$ ¢d i# aF sE !C '1{�Y' a�o-� °i a_ F Y. _ 6 JJ 4s pp {{ e @@ pp p ei$$ caE e__ 6,[ 111KpI Ca `r S�LLggi9;y°o--g8 i e a • P 4 k 4 §� ;� a:f F baa = i � en "° #*6io` $lisa$B,ta a#EI its is ii 5j 3; sia is $iF v agSBIg els �:"� $sx F a ."Ii u?F uai B@@s deaf d- u e g aF'6-7d 5 ttyostt, }7ya�3z9n €Shi Q , F s5�F $s9 �G r w tt �a o s II i ��� � a � is f € �' i ,v CL: s� 4 1 t s _ a°d e a i� _ �_' ° _=—�- -- E— Qoy Wily . N i -ON �-� O ♦Q p �� �;;, a�Q ft� 7d� jn3 a� ` a k ke y� o s II i ��� � a � is f € �' i ,v CL: s� 4 1 t s _ a°d e a i� _ �_' ° _=—�- -- E— . N i -ON �-� AJgf)00 '�' KI'I�• h �� �;;, a�Q ft� 7d� jn3 1 o•EAftA"k e n t Agree ent City of Anna, County of Collin, State of Texas. Economic Development ALYreement This Economic Development Agreement (this "Agreement") is entered into by and between the City of Anna, Texas, (the "City"), a home rule municipal corporation of the State of Texas, and Bloomfield Homes, L.P., a Texas limited partnership (the "Grantee"), for the puzposes and consideration stated below. RECITALS Whereas, the City has established guidelines and criteria for economic incentive programs authorized by Texas law and approved by the City Council, including those authorized by Chapter 380 of the Texas Local Government Code, to promote state or local economic development and to stimulate business and commercial activity in the City; and Whereas, the City finds that the Program set forth in this Agreement will promote state or local economic development and stimulate business and commercial activity in the City; and Whereas, the Grantee has made application to the City for consideration of economic incentives hi accordance with the City's established guidelines and criteria; Now, therefore, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: SECTION 1. AUTHORIZATION This Agreement is authorized by Chapter 380 of the Texas Local Government Code, and by Resolution No. of the City. Page 1 of 10 SECTION 2. DEFINITIONS 21, "Captured Appraised Value" for any given year means the total taxable value of the Property taxable by the City for that year less the Tax Increment Base. 2,1.1 "Development Fees" mean roadway impact fees and building permit fees related to the Property. 2.2. "Grantee" means Bloomfield Homes, LR, and all companies or entities under common control with, controlled by or controlling Bloomfield Homes, L.P. For purposes this Agreement, the term "control" shall mean the ownership of fifty percent (50%) or more of the Grantee as determined by vote or value. Only Bloomfield Homes, L.P, shall be entitled to receive Program Grants under this Agreement. 2.2.1 "Grantee's Share" means the cost of the Project for two lanes of Ferguson Parkway located adjacent to the Property as generally reflected in Exhibit D attached hereto and incorporated herein by reference. 2.3. "Incentive Amount" means the sum of the following: 1) an amount equal to one- half of the total cost of the Project; plus 2) an amount equal to one-half of the total cost of the Project less the amount equal to the Grantee's Share of the Project. The Incentive Amount granted under this Agreement by the City, to Grantee shall be based on the actual cost of the Project as determined by the contract price(s) of the construction contracts approved in accordance with Section 4.6 of this Agreement. Any additional Project costs that exceed the contract price(s) of the construction contracts approved in accordance with Section 4.6 of this Agreement that are a result of change orders to the construction contracts for the Project and that are requested in writing by the City Manager, shall be added to the Incentive Amount. 2.4. "Program" means the economic incentive program established by the City pursuant to Chapter 380 of the Texas Local Government Code. 2.5. "Program Grants" means the amounts paid by the City in accordance with Section 4 of this Agreement. 2.6. "Project" means the design and construction of a portion of Ferguson Parkway located within the City, and described more particularly in Exhibit A, that complies with all applicable City regulations including the City's zoning ordinance, building codes, design standards, and other development regulations. 2.6.1 "Project Costs" means all costs actually paid by Grantee for the Project including all costs related to surveying, engineering, design, permitting, construction, inspection, and testing. Page 2 of 10 2.7. 'Proper " means the 53.960 acre real property that is planned for a new residential development commonly known as Lakeview Estates, said tract being described more particularly in Exhibit B attached hereto and incorporated herein as if set forth in Rill. 2.8. "Tax Increment" for any given year means the amount of property taxes levied and collected by the City for that year on the Captured Appraised Value of the Property. 2.9. "Tax Increment Base" means the total taxable value of the Property that is taxable by the City for the year 2014 as reflected on Exhibit C attached hereto and incorporated herein by reference. SECTION 3. EFFECTIVE DATE AND TERM 3.1. The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is frilly and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and the Grantee has duly executed same. 3.2. This Agreement shall remain in effect until the earlier of the following: (i) until the City has paid the Program Grants set forth in Section 4 of this Agreement in a total amount that equals the Incentive Amount, (ii) until this Agreement expires, or (iii) until otherwise terminated under the provisions of this Agreement. SECTION 4. PROGRAM GRANTS AND CONSTRUCTION CONTRACTS 4.1. The City shall pay Program Grants to the Grantee, the total of which shall not exceed lesser of (a) the Incentive Amount, or (b) the Project Costs. 4.2. The City shall pay to the Grantee Program Grants payments equal to one-half of the total cost of the Project. Disbursements shall be based on draw requests signed by Grantee and approved by the City. Each draw request shall be reviewed by the Director of Public Works for the City, or such other designated agent or representative for the City. Upon approval by the City of any such draw request, the City shall release to the Grantee a Program Grants payment for that portion of the Project covered by the draw request. Program Grants disbursed under this Section 4.2 shall not exceed one-half of the total cost of the Project. 4.3. The remaining Program Grants due to Grantee pursuant hereto but not paid to Grantee pursuant to Section 4.2 of this Agreement are due to be paid to Grantee annually, beginning in the year , on the later of January 31 or 90 days after Page 3 of 10 the delinquency date for property taxes for said year. The remaining Program Grants shall be paid annually until the total sum of Program Grants equals the Incentive Amount. 4.4. The amount of the remaining Program Grants to be paid to Grantee pursuant hereto for each year pursuant to Section 4.3 shall be calculated for each year as, and shall be equal to, 100% of the Tax Increment for such year. 4.5. Notwithstanding any other provision of this Agreement, the Agreement and the parties' obligations hereunder shall expire on December 31 in the year that is fifteen years following the Effective Date even if the total amount of all Program Grants paid to the Grantee are less than the Incentive Amount, 4.6 The Parties acknowledge that the construction contracts for the Project have not been awarded as of the Effective Date. Therefore, certain contract prices have not yet been determined. Before entering into any construction contract for the construction of all or any part of the Project the Parties agree as follows. (a) Grantee's engineers shall prepare, or cause the preparation of, and submit to the City all contract specifications and necessary related documents, including but not limited to the proposed construction contract showing the negotiated total contract price and scope of work. (b) Grantee shall submit all such documents along with a written notice of intention to let a construction contract at least 20 days in advance of the date that Grantee intends to execute such contract. (c) Within 15 days after receipt of the written notice and associated documents, the City Manager may: (1) approve the amount of the contract price and provide written notice to Grantee that the Grantee may execute the construction contract; or (2) require that the contract be procured through competitive bidding or competitive sealed proposals ("Competitive Procurement"), If the City fails to notify Grantee within such 15 day period, the City shall be deemed to have approved the contract price and authorized Grantee to execute the construction contract as provided in Section 4.6((c)(1) above. (d) In order to require Competitive Procurement, the City must provide the Grantee with written notice of said requirement within 15 days of delivery to the City of the written notice described in Section 4.6(b) above. (e) If the City Manager requires Competitive Procurement, then the Grantee must: (i) advertise for and award the contract in the same manner set forth for competitive sealed bids or competitive scaled proposals Local Government Code Chapter 252 as if the City were pursuing a public improvement contract subject to said Chapter 252 as approved by the City Manager; and (ii) supply the City with true and complete copies of all notices of bid/proposal requests and all bids/proposals subsequently received. Page 4 of 10 (f) The City Manager reserves the right to cause Grantee to reject all bids and re - advertise, but the City Manager may do so only once for each construction contract sought by the Grantee. SECTION 5. GRANTEE'S OBLIGATIONS 5.1. Within 18 months of the Effective Date subject to Force Majeure, Grantee shall complete in a good and workmanlike manner construction of the Project and tender all associated dedications of easements, rights of way and/or land included in the Project from the Property to the City at no cost to the City as determined to be necessary by the City, subject to the provisions of this Agreement. SECTION 6. DEFAULT AND TERMINATION PROVISIONS 6.1. If either party should default (the "Defaulting Party") with respect to any of its obligations hereunder and should fail within 60 days after receipt of written notice of such default from the other patty (the "Complaining Party") to cure such default, then the Complaining Party, by action or proceeding at law, may be awarded damages for such default; provided, further, that (i) the Grantee agrees that its damages shall be limited to any unpaid Program Grants owed to it by the City under this Agreement at the time of expiration of any such 60 -day period to cure, and (ii) the City agrees that its damages shall be limited to the applicable amounts set forth hi Section 6.3 and Section 6.4 of this Agreement. 6.2. Should the Grantee fail to meet the obligations stated in Section 5 of this Agreement, the City shall have the right to terminate this Agreement upon 30 days written notice if the Project is not substantially completed within the 60 day cure period set forth in Section 6.1 above. 6.3. Should the Grantee terminate or cause the termination of this Agreement, the City shall have no obligation after the termination date to pay Program Grants as might otherwise be required under this Agreement. 6.4. In the event that any act of the Legislature or any law, order, rule or regulation of any state or federal administrative or judicial entity, nullify the terms of this Agreement, or otherwise preclude the performance of this Agreement by either party, then (a) the City shall not require Grantee to repay any portion of the Program Grants received prior to the date this Agreement is nullified, and (b) Grantee shall not require the City to make further Program Grant payments after the date this Agreement is nullified provided the City gives Grantee credits against Development Fees related to the development of the Property owed by Grantee to the City tip to the amount of the remaining Program Grants; provided, however, that the City has no obligation to credit any Development Fees that Page 5 of 10 become due to the City after the expiration of the parties' obligations as determined under Section 4.5 of this Agreement, even if the total amount of all Program Grants paid to the Grantee and Development Fees credited to the Grantee are less than the Incentive Amount. 6.5. Force Majeure. If the City or the Grantee are prevented, wholly or in part, from fulfilling their respective obligations under this Agreement by reason of any act of God, unavoidable accident, material or labor shortages, governmental delays, acts of enemies, fires, floods, govermnental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control (all of the foregoing are collectively referred to as "Force Majeure"), then the obligations of the City or Grantee are temporarily suspended during continuation of the Force Majeure and all deadlines shall be extended for the period of Force Majeure. If either party's obligation is affected by any of the causes of Force Majeure, the party affected shall promptly notify the other party in writing, giving Rill particulars of the Force Majeure as soon as reasonably possible after the occurrence of the cause or causes relied upon. SECTION 7. MUTUAL ASSISTANCE 7.1. The City and the Grantee shall do all things necessary or appropriate to cagy out the terms and provisions of this Agreement, and to aid and assist each other in carrying out such terms and provisions. 7.2. The Grantee hereby consents to and agrees to cooperate in any request by the City to acquire any easements, rights of way and/or land that are necessary as determined by the City for the Project. SECTION 8, REPRESENTATIONS AND WARRANTIES 8.1. The City represents and warrants that; (a) The City is a municipal corporation duly organized, validly existing under and by virtue of the laws of the State of Texas; (b) The City has approved this Agreement by Resolution at a public meeting properly noticed under the provisions of the Texas Open Meetings laws; and (c) The City knows of no litigation, proceedings, initiative, referendum, investigation, or the threat of any of the same, contesting the powers of the City or its officials with respect to this Agreement that has not been disclosed hi writing to the Grantee. Page 6 of 10 8.2. The Grantee represents and warrants that: (a) Bloomfield Homes, L.P. is a Texas limited partnership validly existing under the laws of the State of Texas, is in good standing, and has the power and authority to own its properties and to carry on the business as presently conducted and as represented in this Agreement; and (b) This Agreement has been duly authorized, executed and delivered by Bloomfield Homes, L.P., and Bloomfield Homes, L.P, has all the requisite corporate power and authority to execute, deliver, and perforin this Agreement; and this Agreement constitutes a valid and binding obligation of Bloomfield Homes, L.P., as Grantee, and is enforceable in accordance with its terms and conditions; and (c) The Grantee knows of no litigation, proceedings, initiative, referendum, investigation, or the threat of any of the same, contesting the powers of the City or its officials with respect to this Agreement that has not been disclosed in writing to the City SECTION 9. LIMITATION ON LIABILITY 9.1. It is understood and agreed between the parties that the Grantee and City, in satisfying the conditions of this Agreement, have acted independently, and the City assumes no responsibilities or liabilities to third parties in connection with these actions. This Agreement is not a contract for goods or services as defined under Texas Local Government Code § 271.151. Grantee's sole remedy in the event of the City's breach of this Agreement is to seek specific performance of the City's obligations hereunder, including interest, and Grantee and the City each expressly waives any remedy for attorney's fees under any statute or cause of action. SECTION 10. SEVERABILITY 10.1. Should any provision of this Agreement be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement. 10.2. In lieu of each and any invalid provision, there shall be added to this Agreement a new provision containing as similar terms as may be possible and yet be valid, legal and enforceable. Page 7 of 10 SECTION 11. INTERPRETATION AND FAIR CONSTRUCTION OF THE CONTRACT 11.1. This Agreement has been reviewed and approved by each of the Parties. In the event it should be determined that any provision of this Agreement is uncertain or ambiguous, the language in all parts of this Agreement shall be in all cases construed as a whole according to its fair meaning and not strictly construed for or against either Party. 11.2. Section or other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. SECTION 12. DISPUTE RESOLUTION AND VENUE 12.1. This Agreement is made, and shall be construed and interpreted under the laws of the State of Texas, and exclusive jurisdiction and venue for any legal action shall lie in Collin County, Texas, The City and the Grantee agree that all claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this agreement, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding; provided, however, there shall be no requirement to mediate after a party provides written notice to the other party of its request to mediate and a mediation is not scheduled within 30 days after the mailing of such notice. SECTION 13 MISCELLANEOUS 13.1. This Agreement and the Subdivision Improvement Agreement contains the entire agreement between the parties with respect to the Project contemplated herein. 13.2. This Agreement may only be amended, altered, or revolted by written instrument signed by the Grantee and the City. 13.3. Any notice and/or statement required and permitted to be delivered shall be deemed delivered by depositing the same in the United States mail, certified with return receipt requested, postage prepaid, addressed to the appropriate party at the following addresses, or at such other addresses provided by the parties in writing. Page 8 of 10 GRANTEE: Bloomfield Homes, L.P. Attn: Donald J. Dykstra, President 1050 E Hwy 114, Suite 210 Southlake, TX 76092 With a copy to: Bellinger & Suberg, L.L.P. Attn: Glen A. Bellinger 10,000 N. Central Expressway, Suite 900 Dallas, TX 75231 CITY: City of Anna Attn: Philip Sanders, City Manager 111 N. Powell Pkwy, P.O. Box 776 Anna, Texas 75409-0776 13.4. This Agreement is governed by and is to be construed and enforced in accordance with the laws of the State of Texas and of the United States. The parties agree and consent to the jurisdiction of and venue in the District Courts of Collin County, Texas, and of the United States District Court for the Eastern District of Texas and acknowledge that such courts shall constitute proper and convenient forums for the resolution of any actions among the parties with respect to the subject matter hereof. 13.5. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. 13.6. The terms and conditions of this Agreement are binding upon the successors and permitted assigns of the parties hereto. This Agreement may not be assigned without the express written consent of Grantor, which approval shall not be unreasonably witl-Aield or delayed. V`REAIAINDBR OF, THIS PAGE INTENTIONALLY LEFT BLANK Page 9 of 10 SIGNATURES: BLOOMFIELD HOMES, L.P., CITY OF ANNA a Texas limited partnership By: Bloomfield Properties, Inc., By: a Texas corporation, its General Philip Sanders, City Manager Partner IN Donald J. Dykstra, its President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of 32014, personally appeared Donald J. Dykstra, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acknowledged to rue that he executed the same in his capacity as President of Bloomfield Properties, Inc., a Texas corporation, as General Partner of Bloomfield Homes, L.P., a Texas limited partnership, and on its behalf. Notary Public, State of Texas STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of ,2015, personally appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and aclaiowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalf of the City of Anna. 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I . .x °al Jfsra G�Ira:a. f.f_ fo.aJ. : JI .t° C.�.+.�, ci nn. wl• i s:n W 'c� I if .: . �i Exhibit B The Propertl R, Tex Ulu 8!81 - b �aaaSayAtla�S`�' k � vii pq�CN Yna�. aa ;z€ ass£ 3i• asg os � � c_' i z4�ang 9 3 E=g fi: ����5G=° •. _ a• ° ^ � A � ? g a2 T t a a a a Y r.� .. _ 6,'; es Yr° Rf'�cfld�2 1�4� 69a�yb a•£a • ° i°°i dsE 5 �a 5�$ �� 33 d d y • �a S Y .� y s J a � ji 9 � 5 .Y 3 5 9� � #Sa ; {$; _t 3i #�8 23 0 141.'i 3i@ R a a it g x �� F$ a�: �^° e t��5� j pp°Y F im. :�i v 0 E� •• Sias; f� I'llo �°�' S °C R a R NIS ae2 77`i� P � \ s 9 �� vf• Fa R�f a$° Edd�AMp; gall ai'erc 6@a•Q9 183�dsY i�AsY a P 4 ? 7 �g3 vY 4$ n C : AY a 8 �°. _$ y9 R^s$ee -Y +a$$ .�'Y+i 5`Fs44 ®^agg@ iy Y$ saa$§o93 F �$ iF _g "Am 1.1311 giraha V$ 1i \s �Elp tl59$-$ N-tr dFg' 66Fg 6k- Je p§ 111'A€1S1 bl'i ed'I'M K 44 M .,n4U01 dist 5ph a- aY$ €YF �ba� Tex Ulu 8!81 - I �aaaSayAtla�S`�' I Exhibit C TAX INCREMENT BASE FOR 2014 EXHIBIT C TAX INCREMENT BASE FOR 2014 Collin County L 4.•�$i(,� at®SYIt?[tf aQ 2300BloomdeleRoad $to.2324 2aq UN KO, Boz 8046 Proporty Account Number: 02-S41-5020 760'1 R685600002907 Statement bate: 10/3012014 Proporty Location: 00000DO COUNTY ROAD 1036 Own or: BLOOFAFIELDHOMESLP Acres: 50.6697 tdallingAddress: 1650ESTATE MAM114M210 Legal: ASSAO656JOSEPHSLATERSCHLUT SOLIMAKE7X 76092-6265 ER SURVEY, TRACY21, 0.6597A CRES 0 TOTALBASETAX 20.312.18 PRIORYEARS D.00 :a7plalAmounlboo - '��¢,� ------------------•------•---------- ........... .............. `4'.. Detach ................... ........... --...—__..._.__._ Return With Payment Property Account Number j R685600002101 IF PAW IN (tri UE NOV $20,312.18 DEC $20,312.18 JAN $20,312,18 FEB $21,734.04 MARAPR $22,140.29 l3L00MFIELD HOMES LP ; ,,..,• : ,,;. , 1050 E STATE HWY 114 STE 210 Piease Mafco'Cf2ecks aSaKie Ta SOUTHLAItE TX 78092-6265 Collin County AMOLINT DUE NOY 2700 Bloomdale Road W. 2324 0 CauNr P.O. 13.. 0046 Wlirnn.y, TX 76071 Property Account Number FED 972-647-5020 8686600004601 Statement Date: 10130/2014 Proporty Location: 0000000 owner; BLOOMFIELD HOMES LP Acres: 3.3 MaIlIng Address: 807 POTO)AAO PL Legal: ABS A080 JOS SPH SLATER SCHLUT SOUTHLAKE TX 76092-9328, ER SURVEY, TRACT 46, 3.30 ACRE ExompffoRw 0 AMOLINT DUE NOY c 62,900 0 $0.00 V $0.00 FED I-1?07777��� 1=1 COLLIN COUNTY 0 52.800 0.275000 0.00 ANNA CITY 0 62.800 0.649000 0.00 ANNA 181:0 -COLLIN '011 EOF 0 62.800 1.640000 0 0 FIN 0,081960 0.00 TOTALDASETAX 0.00 PRIOR YEARS 0.00 ........... ......... ...... ........ Y__ DetwhA ............... ---- RetumWth Payment Property Account Number R036000004601 ,TBta oum IF PAIDIN AMOLINT DUE NOY $0.00 DEC $0.00 JAN $0.00 FED $0.00 1=1 $0.00 BLOOMFIELD HOMES LP 807 POTOMAC PL SOUTHLAKE TX 76092-9326 AB dnt-fsl \NipprolatN,\2993.018\263946-2, doe Last Revised: 10/30/14 7: M 11 H If w _all al''I I w SECTION 1 Description LAKEVIEW ESTATES Anna, Texas Sta. 0+00 to Sta. 23+13 SECTION 1 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 0+00 to Sta. 23+13 DescriptionI Unit I Quantityl Pricel Amount Excavation Prep ROW ( phase 1 ) STA 18 1,900.00 34,200.00 Excavation ( phase 1 ) CY 7,840 6.20 48,608.00 Prep ROW ( phase 2 ) STA 5 1,900.00 9,500.00 Excavation ( phase 2) CY 2,400 6.20 14.880.00 Subtotal Excavation 107,188.00 Paving 8"-3600 psi conc. Pvmt. ( phase 1) SY 6,300 39.10 246,330.00 6" Lime Stabilized Subgrade ( phase 1) SY 6,800 2.55 17,340.00 Lime ( phase 1 ) TN 123 145.00 17,835.00 8"-3600 psi conc. Pvmt. ( phase 2) SY 3,500 49.75 174,125.00 6" Lime Stabilized Subgrade ( phase 2) SY 3,800 2.55 9,690.00 Lime ( phase 2) TN 69 145.00 10,005.00 Transition SY 550 57.00 31,350.00 Concrete Driveway Pavement SY 355 45.00 15,975.00 Sawcut & Connect to Exist. Pvmt LF 242 20.00 4,840.00 Connect to Exist Concrete Header LF 25 5.00 125.00 Connect to Exist HMAC LF 72 20.00 1,440.00 Keyed Construction Joint LF 133 16.00 2,128.00 Concrete Street Header LF 25 15.00 375.00 5' Sidewalk SF 8,170 4.25 34,722.50 Pavement Markings LS 1 18,000.00 18,000.00 Traffic Control EA 3 3,500.00 10,500.00 Repair Gravel Driveway (Include CMP) EA 1 2,500.00 2,500.00 Remove Existing Concrete Sidewalk SF 2,770 1.50 4,155.00 Remove Existing Asphalt Pavement SY 6,100 4.50 27,450.00 Road Signs EA 7 475.00 3,325.00 2" PVC Conduit LF 240 12.00 2,880.00 Barrier Free Ramp EA 2 1,200.00 2,400.00 Maintenance Ramp EA 7 1,000.00 7,000.00 Remove Existing Lane Line Markings LF 1,700 1.50 2,550.00 Remove Existing Turn Symbols EA 2 75.00 150.00 Subtotal Paving 647,190.50 12/10/2014 2014-12-10 Ferguson Road CE.xlsx SECTION 1 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 0+00 to Sta. 23+13 Description I UnitQuantity 10,000.00 Pricel Amount Utilities 10,000.00 10,000.00 LS 1 10 ft. Rec. Inlet EA 1 4,200.00 4,200.00 21" RCP, Class III LF 62 41.50 2,573.00 6'x4' Box Culvert LF 101 353.00 35,653.00 Box Culvert Headwall EA 1 6,500.00 6,500.00 Misc. Storm Connections LS 1 700.00 700.00 Remove Existing Hdwl EA 1 1,350.00 1,350.00 Trench Safety LF 163 0.40 65.20 Subtotal Utilities 51,041.20 Misc. Erosion Control, Maintance Utility Relocation Landscape and Irrigation Street Lights ( incl. conduit ) Relocate Existing Utility Poles LS 1 10,000.00 20,000.00 LS 1 10,000.00 10,000.00 LS 1 20,000.00 20,000.00 EA 7 2,500.00 17,500.00 LS 1.00 5,000.00 5,000.00 Subtotal Misc. 72,500.00 Subtotal 877,919.70 Contingencies (5%) 43,895.99 Engineering 16,680.00 Surveying 26,365.00 Testing 15,000.00 Maintenance Bond 4,000.00 Inspection (3%) 27,654.47 R.O.W. Acquisition 20,000.00 TOTAL COST 1,031,515.16 12/10/2014 2014-12-10 Ferguson Road CE.xlsx Exhibit D Zolfill, M., ml;� - LAKEVIEW ESTATES Anna, Texas F11- 1-11 C1: • SECTION 2 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 23+13 to Sta. 38+08 Description I UnitQuantity Price I Amount Excavation Prep ROW STA 15 1,900.00 28,500.00 Excavation CY 2,100 6.20 13,020.00 1 2,500.00 10,000.00 Subtotal Excavation 41,520.00 Paving Landscape and Irrigation LS 1 2,500.00 2,500.00 8"-3600 psi conc. Pvmt. SY 4,250 39.10 166,175.00 6" Lime Stabilized Subgrade SY 4,590 2.55 11,704.50 Lime TN 83 145.00 12,035.00 Asphalt Transition SY 345 57.00 19,665.00 Concrete Driveway Pavement SY 210 45.00 9,450.00 Concrete Street Header LF 25 15.00 375.00 5' Sidewalk SF 6,905 4.25 29,346.25 Pavement Markings LS 1 8,000.00 8,000.00 Traffic Control EA 3 2,500.00 7,500.00 Repair Gravel Driveway (Include CMP) EA 4 2,500.00 10,000.00 Remove Existing Asphalt Pavement SY 3,820 4.50 17,190.00 Road Signs EA 3 475.00 1,425.00 Maintenance Ramp EA 1 1,000.00 1,000.00 Barricade LF 25 35.00 875.00 Subtotal Paving 294,740.75 Utilities 20 ft. Rec. Inlet EA 1 4,200.00 4,200.00 18" RCP, Class III LF 181 35.00 6,335.00 Trench Safety LF 181 0.40 72.40 Subtotal Utilities 10,607.40 Misc. Relocate Existing Utility Poles LS 1 5,000.00 5,000.00 Erosion Control, Maintance LS 1 10,000.00 10,000.00 Street Lights ( incl. conduit) EA 1 2,500.00 10,000.00 Utility Relocation LS 1 5,000.00 5,000.00 Landscape and Irrigation LS 1 2,500.00 2,500.00 Subtotal Misc. 32,500.00 12/10/2014 2014-12-10 Ferguson Road CE.xlsx SECTION 2 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 23+13 to Sta. 38+08 Description I Unit I Quantityl Pricel Amount Subtotal 379,368.15 Contingencies (5%) 18,968.41 Engineering 10,820.00 Surveying 17,135.00 Testing 10,000.00 Maintenance Bond 2,500.00 Inspection (3%) 11,950.10 TOTAL COST 450,741.65 12/10/2014 2014-12-10 Ferguson Road CE.xlsx Exhibit C NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER, DEDICATION DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLINS § BLOOMFIELD HOMES, L.P., a Texas limited partnership (hereinafter called "Grantor"), as a dedication, donation and gift to the CITY OF ANNA, TEXAS, a Texas municipal corporation (hereinafter called "Grantee"), whose address is 111 N. Powell Parkway, Anna, Collin County, Texas 75049, has DEDICATED and CONVEYED, and by these presents does hereby DEDICATE and CONVEY forever unto Grantee for public use, a certain 9.132 acre tract of land located in Collin County, Texas which is more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (the "Property"); TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns FOREVER, Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. Executed as of 2014. GRANTOR: BLOOMFIELD HOMES, L.P., a Texas limited partnership By: Bloomfield Properties, Ino,, a Texas corporation, its general partner Donald J. Dykstra, President THE STATE OF TEXAS COUNTY OF Before me the undersigned, on this day personally appeared Donald J. Dykstra, President of Bloomfield Properties, Inc., a Texas corporation, acting as general partner of Bloomfield Homes, L.P., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2014. SEAL Notary Public in and for the State of Texas EXHIBIT A LEGAL DESCRIPTION OF TEE PROPERTY (See Attached) 10N a 5e 5E�8 fi a .a 931E5 1e" PM4 98 SpggY ;p s1 sh3 a+& i$§ Agg }liaa@DEf s_e 2e YL' gY_-y i 'a ®i$ -a P i ti$.! i 5 s£3$�':O.a3gq .. i [" f Y 9 ST ? p••'a? �. •4d illi.. HN 3 'I-,! ! f £+ jzogqs : e §�.4115 �`@ L.o• °t -E€_` k e F'ss%ins"Y. 8 a"� g 3: ia�3bT 5gvg[ Hgx_ T Yg ^ � E3 �FF tF teP� =j� !� �� s vI iF5$a e F § o�:F 9�P P�3 �3$��{�� • ' � § 3 3 e e s$ Ss` - a,S s {F °rFa` -� c>a.a a d ? g II ;g a E a 931' @F. F"a F cHSP , ! � 5" a �y F€•�d•ssF, � € 6 a � � e o e e �Rffi� �� " da• Sy ��t ;� � P� 3 _€ 2; �#�a! 6a9d.; r § � ° e- $ !$ !e- 3P �P �$ �P•'F€ C3.` rliir f'a � � ?� �6@gi s9 s � psa 's�a3eP 8'-,e' n3{<` 3e g�3$H 3� g� gaal� .d -• p� AS�.'°E aged i ' �.% �� i 3 a g a F � a 4 �3 '�F ��°°� ' �s� FY F€ ET EiF E5'[ n P3= { : sa q ))• ° )) e aa4 lsa JaKRa"d F1F a a .i EE E aj E� F' �a•Y �� E p g H A R a a T I' °T sk. d t E• Ei 3 Hb R ^c t .� ;y �x °3 �� a �1t �`se3i@@ � ' 9 s s e e ' � FIELD NOTES -TRACT TWO BEING a 9.132 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 856, Collin County, Texas and being a part of that 50.6597 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Special Warranty Deed recorded in Instrument # 20121002001246520 Official Public Records of Collin county, Texas, (OPRCCT), and a part of that 3.300 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Deed Without Warranty recorded in County Clerk's file Number 20131203001603350 (OPRCCT), said 9.132 acre tract of land being more particularly described as follows: COMMENCING at a PI( nail found for the southwest corner of said 3.300 acre BLOOMFIELD HOMES tract the same being in or near the centerline of County Road No. 367; THENCE North 88 degrees 56 minutes 17 seconds East, departing said County Road and along the south line of said BLOOMFIELD tract a distance of 30.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 87 degrees 01 minutes 33 seconds East, continuing along said south line a distance of 716.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner; THENCE North 86 degrees 42 minutes 24 seconds East, continuing along said south line a distance of 124.87 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the POINT OF BEGINNING, the same beginning of a tangent curve to the left through a central angle of 34 degrees 51 minutes 52 seconds, a radius of 225.00 feet and a long chord that bears North 69 degrees 16 minutes 28 seconds East a distance of 134.81 feet; THENCE departing said south line and over and across said BLOOMFIELD HOMES tract along said tangent curve to the left an arc distance of 136.91 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 51 degrees 50 minutes 32 seconds East, a distance of 275:04 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a tangent curve to the left through a central angle of 49 degrees 45 minutes 34 seconds, a radius of 515.00 feet and a long chord that bears North 26 degrees 57 minutes 45 seconds East a distance of 433.34 feet; THENCE along said tangent curve to the left an arc distance of 447.26 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 33.09 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a non -tangent curve to the left through a central angle of 125 degrees 44 minutes 53 seconds, a radius of 50.00 feet and a long chord that bears North 23 degrees 55 minutes 17 seconds West a distance of 89.00 feet; THENCE along said non -tangent curve to the left an arc distance of 109.74 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 108.01 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; Page 1 of 3 THENCE North 28 degrees 59 minutes 38 seconds West, a distance of 121,49 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a non -tangent curve to the left through a central angle of 10 degrees 34 minutes 26 seconds, a radius of 1500.00 feet and a long chord that bears North 28 degrees 18 minutes 25 seconds East a distance of 276.43 feet; THENCE along said non -tangent curve to the left an arc distance of 276.82 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 24 degrees 10 minutes 51 seconds East, a distance of 69.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 18 degrees 22 minutes 53 seconds East, a distance of 74.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 08 degrees 17 minutes 22 seconds East, a distance of 84.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and being in the north line of said BLOOMFIELD HOMES tract the same being in the south line of a tract of land conveyed to Troy Queen and wife, Floella Queen, according to the General Warranty Deed recorded in Volume 5707, Page 4433 (OPRCCT); THENCE South 87 degrees 55 minutes 02 seconds East, along the common south line of said Queen tract and the north line of said BLOOMFIELD HOMES tract, passing a 1/2 inch iron rod found at a distance of 23.67 feet, in all a distance of 111.22 feet to the approximate centerline of a creek; THENCE along or near the centerline of said creek and along the westerly lines of the following tracts of land: a tract conveyed to William R. Henry and wife Andrea M. Henry according to the Warranty Deed with Lender's Lien recorded in County Clerk's File No. 20100528000541220 (OPRCCT), a tract conveyed to David A. Walker according to the Warranty Deed with Vender's Lien recorded in County Clerk's File Number 20140228000190240 (OPRCCT), a tract conveyed to Dean E. & Michele A. Andrews according to the deed recorded in Volume 4570, Page 4233 (OPRCCT), a tract conveyed to Lance J. Pettingill and Melinda L. Nelson-Pettingill according to the Community Interest Special Warranty Deed recorded in County Clerk's File Number 20120125000088530 (OPRCCT) and a tract conveyed to John Baldwin according to the deed recorded in Volume 4609, Page 2526 (OPRCCT) the following course and distance: South 13 degrees 04 minutes 33 seconds East, a distance of 60.64 feet; South 27 degrees 28 minute 37 seconds East, a distance of 41.76 feet; South 45 degrees 50 minutes 45 seconds West, a distance of 254.40 feet; South 16 degrees 20 minutes 21 seconds East, a distance of 147.00 feet; South 45 degrees 30 minutes 17 seconds West, a distance of 44.40 feet; South 31 degrees 12 minutes 09 seconds East, a distance of 96.04 feet; South 12 degrees 47 minutes 23 seconds West, a distance of 74.14 feet; Page 2 of 3 South 41 degrees 51 minutes 37 seconds West, a distance of 58.66 feet; South 20 degrees 54 minutes 02 seconds East, a distance of 107.46 fee; South 65 degrees 19 minutes 04 seconds East, a distance of 115.93 feet; South 03 degrees 53 minutes 14 seconds East, a distance of 136.15 feet; South 59 degrees 46 minutes 38 seconds East, a distance of 245.97 feet; South 16 degrees 11 minutes 19 seconds East, a distance of 232.03 feet to the south corner of said Pettigill tract; South 44 degrees 11 minutes 21 seconds West, along the northwest line of said Baldwin tract, a distance of 81.04 feet; THENCE South 86 degrees 42 minutes 24 seconds West, along the south line of aforementioned 3.300 acre BLOOMFIELD HOMES tract, a distance of 984.87 feet to the POINT OF BEGINNING and containing 397,769 square feet or 9.132 acres of land more or less. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. Date of Last Survey: March 19, 2014 An exhibit of even date accompanies this description. Date: October 24, 2014 RELEASED FOR REVIEW ONLY, 10-22-2014 IN ACCORDANCE WITH TEXAS BOARD OF PROFESSIONAL LAND SURVEYING RULE 663.18(C). 29 T.A.C. 663.18 (C) THIS IS A PRELIMINARY DOCUMENT AND SHALL NOT BE SIGNED OR SEALED, Harry L. Dickens Registered Professional Land Surveyor Texas Registration No. 5939 harry.dickens@westwoodps.com Westwood Professional Services 2740 North Dallas Parkway, Suite 280 Plano, Texas 75093 Texas Surveying Firm No. 10074301 Direct: 214.473.4643 Main: 214.473-4640 Page 3 of 3 • t g T— gEc g s �k8 gqb ¢5ag !All y reg€s ac _p aha to yx ge %tg;� a agc<s.�£rSs� s a YSY� a Y5 pg 3 Y Y�Y a5 dui rj , pui 0 fj9 1 pi; ei e.g3�6� �c b :' $a p1 � 4' n a 3 8 i o9ig-ls a° g�gg `.R O X EL^ IS$a �i� `1'£ � A � TC.;�^ F°E^ $fi d fib- g �4 •Yy Ysd®4 " ' 8 x j 4 a ° Yba C �ysp:l s3' ip 4g$•Ps japi! 5cc ]y[ �� S sfa SXg i 1 �`? 1-A 9 9 i t dY 4 d•�a4 •` ni 25=� g b d b§ e 3 3 ��' -0Y9r d $ r .g s^� � 3e4 � e% S� ec e� �� �� ;a §� s` 5= a 'ka s"sa 6�, xb s� • ° ° .. ° a•� aB C g daa �o aes eC adsa g° e a i# i= i, ieke ee s" s� fit.; $ i G 4 ca a.a x.Ea�a 5 iBf�m itEz tF g ai in� a�W`d g9 � as ep �"Siit3iSx>x ��q= Ej4 szg gs lit sg Ss 9 gi Sa 'Ssa�^x 1 e.ag i�4 tY a S r : e a S b a nY 5�`= r y a � �` e' x t' s`a 71 �d tE I.y a eR 7l � �°• i, = I Tf � �" YFsr�g � sg sg i e'�`$i= aaa p$e:g FR asag'I i, as 8gajp �a r as �`ta'e� 8a Ya �$* EY °p : i t. F� E �' €< ds• € � Ss x k ° g$s €� W! % P WAS ff g ee �a �gs° aes-p� a [ € a x F a f $a-_ .S i` F 9% "$ a` %: esf t 99 vv 77 i e •H.__ s.a€ 5 as R s a a g f g$ F g i I I% 3 f �a • t s H., Ap €�'_"'i j� �� €F dig;€- i$;-' � ��=f•_��� o z o e : +; s c a s a � = Ys ,ieae °��� �g� a �; & °deg ? a� u a�s4 a a mill'. a a� as` a. 9� lRaft 551 as? 33s 4 3jagEbe a?'4 P', ss hl milia P,eI NNE M g° 3 ek[ € €d� €$ $S d - 68$ €_ €_ bfl €.S OF Et V1, GILL' la°11'19 C 11a.o1 �p?Y�bae d d �Sg13a qq �a o-i� � � hha y 5�57�g77jj�x a �`a fitly Lt9 S1) p aN °o x• Pp I $ r4 — i �90 s p� e� r1 W N� gqb ¢5ag !All y reg€s ac _p aha to yx ge %tg;� a agc<s.�£rSs� s a YSY� a Y5 pg 3 Y Y�Y a5 dui rj , pui 0 fj9 1 pi; ei e.g3�6� �c b :' $a p1 � 4' n a 3 8 i o9ig-ls a° g�gg `.R O X EL^ IS$a �i� `1'£ � A � TC.;�^ F°E^ $fi d fib- g �4 •Yy Ysd®4 " ' 8 x j 4 a ° Yba C �ysp:l s3' ip 4g$•Ps japi! 5cc ]y[ �� S sfa SXg i 1 �`? 1-A 9 9 i t dY 4 d•�a4 •` ni 25=� g b d b§ e 3 3 ��' -0Y9r d $ r .g s^� � 3e4 � e% S� ec e� �� �� ;a §� s` 5= a 'ka s"sa 6�, xb s� • ° ° .. ° a•� aB C g daa �o aes eC adsa g° e a i# i= i, ieke ee s" s� fit.; $ i G 4 ca a.a x.Ea�a 5 iBf�m itEz tF g ai in� a�W`d g9 � as ep �"Siit3iSx>x ��q= Ej4 szg gs lit sg Ss 9 gi Sa 'Ssa�^x 1 e.ag i�4 tY a S r : e a S b a nY 5�`= r y a � �` e' x t' s`a 71 �d tE I.y a eR 7l � �°• i, = I Tf � �" YFsr�g � sg sg i e'�`$i= aaa p$e:g FR asag'I i, as 8gajp �a r as �`ta'e� 8a Ya �$* EY °p : i t. F� E �' €< ds• € � Ss x k ° g$s €� W! % P WAS ff g ee �a �gs° aes-p� a [ € a x F a f $a-_ .S i` F 9% "$ a` %: esf t 99 vv 77 i e •H.__ s.a€ 5 as R s a a g f g$ F g i I I% 3 f �a • t s H., Ap €�'_"'i j� �� €F dig;€- i$;-' � ��=f•_��� o z o e : +; s c a s a � = Ys ,ieae °��� �g� a �; & °deg ? a� u a�s4 a a mill'. a a� as` a. 9� lRaft 551 as? 33s 4 3jagEbe a?'4 P', ss hl milia P,eI NNE M g° 3 ek[ € €d� €$ $S d - 68$ €_ €_ bfl €.S OF Et V1, GILL' la°11'19 C 11a.o1 �p?Y�bae d d �Sg13a qq �a o-i� � � hha y 5�57�g77jj�x a �`a fitly Lt9 S1) p aN °o x• Pp I 1 yrs P; x r4 — i �90 — oN Q o� u csunoo z' p,a kN� s oz •$,� ri � ou 22220 8 `V � � � 1�� tib V� o FIELD NOTES -TRACT TWO BEING a 9.132 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 856, Collin County, Texas and being a part of that 50.6597 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Special Warranty Deed recorded in Instrument # 20121002001246520 Official Public Records of Collin county, Texas, (OPRCCT), and a part of that 3.300 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Deed Without Warranty recorded in County Clerk's file Number 20131203001603350 (OPRCCT), said 9.132 acre tract of land being more particularly described as follows: COMMENCING at a PI< nail found for the southwest corner of said 3.300 acre BLOOMFIELD HOMES tract the same being in or near the centerline of County Road No, 367; THENCE North 88 degrees 56 minutes 17 seconds East, departing said County Road and along the south line of said BLOOMFIELD tract a distance of 30.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 87 degrees 01 minutes 33 seconds East, continuing along said south line a distance of 716.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner, THENCE North 86 degrees 42 minutes 24 seconds East, continuing along said south line a distance of 124.87 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the POINT OF BEGINNING, the same beginning of a tangent curve to the left through a central angle of 34 degrees 51 minutes 52 seconds, a radius of 225.00 feet and a long chord that bears North 69 degrees 16 minutes 28 seconds East a distance of 134.81 feet; THENCE departing said south line and over and across said BLOOMFIELD HOMES tract along said tangent curve to the left an arc distance of 136.91 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 51 degrees 50 minutes 32 seconds East, a distance of 275;04 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a tangent curve to the left through a central angle of 49 degrees 45 minutes 34 seconds, a radius of 515.00 feet and a long chord that bears North 26 degrees 57 minutes 45 seconds East a distance of 433.34 feet; THENCE along said tangent curve to the left an arc distance of 447.26 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 33.09 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a non -tangent curve to the left through a central angle of 125 degrees 44 minutes 53 seconds, a radius of 50.00 feet and a long chord that bears North 23 degrees 55 minutes 17 seconds West a distance of 89.00 feet; THENCE along said non -tangent curve to the left an arc distance of 109.74 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner, THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 108.01 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; Page 1 of 3 THENCE North 28 degrees 59 minutes 38 seconds West, a distance of 121.49 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a non -tangent curve to the left through a central angle of 10 degrees 34 minutes 26 seconds, a radius of 1500.00 feet and a long chord that bears North 28 degrees 18 minutes 25 seconds East a distance of 276.43 feet; THENCE along said non -tangent curve to the left an arc distance of 276.82 feet to a 5/8 inch iron rod with yellow'plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 24 degrees 10 minutes 51 seconds East, a distance of 69.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 18 degrees 22 minutes 53 seconds East, a distance of 74.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 08 degrees 17 minutes 22 seconds East, a distance of 84.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and being in the north line of said BLOOMFIELD HOMES tract the same being in the south line of a tract of land conveyed to Troy Queen and wife, Floella Queen, according to the General Warranty Deed recorded in Volume 5707, Page 4433 (OPRCCT); THENCE South 87 degrees 55 minutes 02 seconds East, along the common south line of said Queen tract and the north line of said BLOOMFIELD HOMES tract, passing a 1/2 inch iron rod found at a distance of 23.67 feet, in all a distance of 111.22 feet to the approximate centerline of a creek; THENCE along or near the centerline of said creek and along the westerly lines of the following tracts of land: a tract conveyed to William R. Henry and wife Andrea M. Henry according to the Warranty Deed with Lender's Lien recorded in County Clerk's File No. 20100528000541220 (OPRCCT), a tract conveyed to David A. Walker according to the Warranty Deed with Vender's Lien recorded in County Clerk's File Number 20140228000190240 (OPRCCT), a tract conveyed to Dean E. & Michele A. Andrews according to the deed recorded in Volume 4570, Page 4233 (OPRCCT), a tract conveyed to Lance J. Pettingill and Melinda L. Nelson-Pettingill according to the Community Interest Special Warranty Deed recorded in County Clerk's File Number 20120125000088530 (OPRCCT) and a tract conveyed to John Baldwin according to the deed recorded in Volume 4609, Page 2526 (OPRCCT) the following course and distance: South 13 degrees 04 minutes 33 seconds East, a distance of 60.64 feet; South 27 degrees 28 minute 37 seconds East, a distance of 41.76 feet; South 45 degrees 50 minutes 45 seconds West, a distance of 254.40 feet; South 16 degrees 20 minutes 21 seconds East, a distance of 147.00 feet; South 45 degrees 30 minutes 17 seconds West, a distance of 44.40 feet; South 31 degrees 12 minutes 09 seconds East, a distance of 96.04 feet; South 12 degrees 47 minutes 23 seconds West, a distance of 74.14 feet; Page 2 of 3 South 41 degrees 51 minutes 37 seconds West, a distance of 58.66 feet; South 20 degrees 54 minutes 02 seconds East, a distance of 107.46 fee; South 65 degrees 19 minutes 04 seconds East, a distance of 115.93 feet; South 03 degrees 53 minutes 14 seconds East, a distance of 136.15 feet; South 59 degrees 46 minutes 38 seconds East, a distance of 245.97 feet; South 16 degrees 11 minutes 19 seconds East, a distance of 232.03 feet to the south corner of said Pettigill tract; South 44 degrees 11 minutes 21 seconds West, along the northwest line of said Baldwin tract, a distance of 81.04 feet; THENCE South 86 degrees 42 minutes 24 seconds West, along the south line of aforementioned 3.300 acre BLOOMFIELD HOMES tract, a distance of 984.87 feet to the POINT OF BEGINNING and containing 397,769 square feet or 9.132 acres of land more or less. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. Date of Last Survey: March 19, 2014 An exhibit of even date accompanies this description. Date: October 24, 2014 RELEASED FOR REVIEW ONLY. 10-22-2014 IN ACCORDANCE WITH TEXAS BOARD OF PROFESSIONAL LAND SURVEYING RULE 663.18(C). 29 T.A.C. 663.18 (C) THIS IS A PRELIMINARY DOCUMENT AND SHALL NOT BE SIGNED OR SEALED, Harry L. Dickens Registered Professional Land Surveyor Texas Registration No. 5939 harrv.dicl<ens@westwoodps.com Westwood Professional Services 2740 North Dallas Parkway, Suite 280 Plano, Texas 75093 Texas Surveying Firm No, 10074301 Direct: 214.473.4643 Main: 214.473-4640 Page 3 of 3 Exh*lb'l't E,, Phase 1 ParV, I RFafh"al pu"'& rove e t s aayter and Lakeveiew Park Improve ents Exhibit E Phase 1, Slayter Creek Trail and Lakeview Park Improvements Description jUnit I Quantityl Pricel Amounti Notes Slayter Creek Trai and Lakeview Park Improvements PHASE 1 Clearing, underbrushing, triming LS 1 $ 18,500.00 $ 18,500.00 Trail Excavation LS 1 $ 5,000.00 $ 5,000.00 Based on approximately 8 ft. Wide Concrete Hike and Bike Trail SF 18,720 $ 4.15 $ 77,688.00 2,340 linear feet of trail Seed LS 1 $ 5,000.00 $ 5,000.00 Picnic Tables by Miracle, Model # 11229, Hunter Based on Quote No. Green EA 2 $ 1,184.00 $ 2,368.00 61140123 attached* Based on EZ Dock Quote Floating Dock by EZ Dock of Texas, Quote # 4781 EA 1 $ 36,058.SD $ 36,058.50 #4781 attached Park Benches by Miracle, Model # 127219, Based on Quote No. Hunter Green EA 4 $ 523.00 $ 2,092.00 61140123 attached* $ 146,706,50 * does not include freight City shall approved final staking and alignment of the Hike and Bike trail prior to construction. Hike and Bike Trail construction shall comply with City design and construction standards. Subgrade and base shall be compacted to 9S%. City shall approved location and placement of Picnic Tables, Floating Dock, and Park Benches prior to installation. +-j a� N 4-- d' N aJ 4� W m �+ _E i O X W Q. C— m CL W V W R�f 11 93 baa a a �y3 �a alp Hill .... R�f 11 93 baa u i I —��-- ; j 1120 m0( d11ti11] Y 1 1 mm aooxna�rcs yrca aoalvts —___.._____._____...__._.__._.._..___________.__ QVOH x Z �� 9• g a ti a a �y3 �a u i I —��-- ; j 1120 m0( d11ti11] Y 1 1 mm aooxna�rcs yrca aoalvts —___.._____._____...__._.__._.._..___________.__ QVOH x Z �� 9• g a ti ^'Mirako; 1�D Sales Representative webuildfun, inc. PO Box 29 Allen, TX 75013 Phone: (972) 727-0653 Fax: (972) 396-4994 Prepared ANNA, CITY OF For: 101 NORTH POWELL PARKWAY ANNA, TX 75409 mschwanke@annatexas.com Payment Miracle Recreation Equipment Company Remittance: 8445 Solution Center, Chicago, IL 60677-8004 Equipment Quotation Quote Number: 61140123 Quote Date: 11/05/2014 Customer Number 7540A08 Terms of Sale: Net 30 Customer Class: 1. Parks & Rec Shipping Method; Best Way Freight Terms: Prepaid Approximate Ship Date: Cost PO Num: PO Remittance (if other than Sales Representative): Location: ANNA, CITY OF 101 NORTH POWELL PARKWAY ANNA, TX 75409 Payment/ MAURICE SCHWANKE (972) 924-3325 Shipping/ MAURICE SCHWANKE (972) 924-3325 Accounting Delivery Contact: Contact: Quantity Item Number Description Price Each Price Total 3 11229 8' H.D. INCLUSIVE TABLE, 2-3/8" LEGS, MC -PORT $1,184.00 $3,552.00 6 1272I9 6' BENCH WRACK, M'COTE-INGROUND $523.00 $3,138.00 Color List: System: LEG Item Number: 11229 Quantity: 3 PVC = Hunter Green; SITE AMENITIES FRAMES = Tan System: LEG Item Number: 1272I9 Quantity: 6 PVC = Hunter Green; SITE AMENITIES FRAMES = Tan Equipment Total: $6,690.00 Freight: $699.48 Grand Total: $7,389.48 Notes: The benches are in -ground and the tables are portable. Also, the tables are 8' for wheelchair accessibility. Rep #: 61 1 Order #: 61140123 Page 1 of 3 Rev D 052313 This Qubte shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle'). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully -signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified, Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net -30 days from invoice date with approved credit and all charges are due and payable in full at 8445 Solution Center, Chicago, IL 60677-8004, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges, for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: 61140123 Quote Date: 11/05/2014 Equipment Total: $6,690.00 Grand Total: $7,389.48 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. By: Date: ADDITIONAL TERMS _CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies &Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code, Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys' fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. Rep #: 61 Order #: 61140123 Page 2 of 3 Rev D 052313 0. Limitation of Warranty/ Indemnity, MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, MIRACLESPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE IYRRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER'S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE'S INSTALLATION AND OWNER'S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4, Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) pernut the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5, Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri, 7. Title, Risk of Loss; Insurance, IyEracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing; signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature, This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties, A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote, Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be biriding upon and inure to the benefit of the parties and their successors and assigns, 10. Counterparts; Electronic Transmission, This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transnvssion of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document, Rep #: 61 Order #: 61140123 Page 3 of 3 Rev D 052313 EZ Dock of Texas, LP. 3500 Raider Drive Hurst, TX 76053 AV In ]jEDOCK Customer Name Proposal City of Anna Attn: Maurice Schwanke Date Quote # 4/11/2014 4781 mschwanlce@annatexas.gov 972-924-3325 Terms Salesman David Qty 'Item Description Price Total 3 208010 80" X 10' DOCK SECTION 1,885.00 5,655.00 1 260120 1/2 HEXAGON DOCK SECTION 1,142.00 1,142.00 3 206010 60" X 10' DOCK SECTION 1,438.00 4,314.00 27 301100 COUPLER SET WITH COMPOSITE HARDWARE 51.00 1,377.00 6 100910 421N H X 10' BARRIER FREE RAILING - GALVANIZED STEEL 630.00 3,780.00 4 100912 421N H X 10' RAILING - GALVANIZED STEEL - STEP DESIGN 686.00 2,744.00 4 100915 421N H X 5' RAILING - GALVANIZED STEEL - STEP DESIGN 383.00 1,532.00 8 135350 PIPE BRACKET AND COUPLER SET FOR 3.5" PIPE 111.00 888.00 8 120035 20' LONG X 3.5" GATORSHIELD GALVANIZED STEEL TUBING 283.00 2,264.00 8 100036 PIPE CAP FOR 3.51N O.D. PIPE 11.00 88.00 1 W400420 4' WIDE X 20' LONG ALUMINUM GANGWAY WITH RAILING 4,109.00 4,109.00 I W400450 ABUTMENT/SHORE HINGE BRACKET FOR 4' GANGWAY - 62.5" BRACKET W/60" PIN 351.00 357.00 1 W400401 4' ALUMINUM TRANSITION PLATE 469.00 469.00 1 W300300 ROLLER KIT FOR ALUMINUM GANGWAY 240.00 240.00 20 W -ADA PRICE PER LINEAR FOOT TO ADD INSIDE 30 INCH RAIL AND TOE RAIL 80.00 1,600,00 INVOICE SUBTOTAL 30,559.00 Mis 2015 PRICE INCREASE 2.8% 855.65 855,65 INSTALLATION SETUP/INSTALLATION 4,343.85 4,343.85 DELIVERY DELIVERY CHARGE 300.00 300.00 Subtotal $36,058.50 Customer is responsible for permits that might be required for any products that are to be installed. All warranties are by the manufacturer and cover defects in materials & workmanship only. Damage due to abuse or lake/weather conditions is not covered by warranty. EZ Dock of Texas, L.P. warrants all labor for one year from date of installation. Labor warranty does not cover damage due to abuse or (aloe/weather conditions. Any warranty claim must be S&W Tax (LAMA) $0.00 returned to E1 Dock facilities for processing. Total $36,058.50 Customer Acceptance &Date: Phone # I Fax # E-mail EZ Dock of Texas EZ Dock of Texas L.P. 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Side Yud 6' '9tln. ReAr Y.rd 20' lot Width 60' y Fa Wn. Int Deplh tl0' a. , W,, Lel0.800 r.L .. 06, ,410110e1 11, et 800 It' x 116' TRACT D 73 Lata 22.051 h— Nla. Front Yard 26' ' W.' Sid! Y.rd 6' Nin, Rear Y.Id 20' W.. Int Width 65' Wn. Wt Depth 110' IGn, 141,A— 7,200 01. Pad M.. 63' x To, Trpieal Int 66' x 116' TRACT 0 106 Info 07.097 Area Nin. Front Y.rd 20' Wa, hide Yard 6' 1tln. Rev Y.4 20' ICn. Lat M"h 65' in. let Acplh 110' NIn, tet Are4 x,000 roto Pad sl:a d5' z 75' TTp1<U Lot 66' x 116' TRACT D lol BBT . 19 eel A, W.. Trent Yard 20' Nin. Sid. Yard 6' Rev Wrd 20' Nln. IOL Width $a - X1. Let DqU, 110' ku.La . l Are. 0.000 4 r P.d Sire 40' X W T"I'm IOL 60' X 120' k� T R A C T D 100 let. 28.067 A— Wn. r -.t Y-1 26' Nln, $ld. Yvd 6' Wn. Rev YI.d 20' Lot Width 65' M. I.T. Depth 110' W. It Ares 7,900 ,.f. P.d sire MIX TS' —I ?,X., Loi 85' x 120' J Proposed e.:11W- rRoad 310 Extansfon APPROVED 1911 2004 APPROVED MAY 112004 ' .rw�.. .rw.,.y Y.wrti ' �f Y.w.r., �rwr Yal, rwre, �....n�✓ .wu,.r Y.w.-ro ..w..w PRSLWINAeRY PLAT W,E 'S7' GROSSING "'4W ' er bra JOFNIRENR C. FESRWYSURVEY, �AusrmcT NAwntAcT O OSA GUYNE MORRISON SURVEY, ARSTRACr No. 669 wines MOORE SURVEY• ARSIMOF No. 049 N Ila On'Y OF ANNA COLIIN comes, TEXAS MUt IWW . — a,W , xAaed 4,.. ame0r�;rm � uAi my ma_(. N,or�t� . nsn.n.rm�du�