HomeMy WebLinkAboutRes 2024-12-1709 Pump and Haul Agreement with MM Mantua 701, LLCCITY OF ANNA.. TEXAS
RESOLUTION NO. a0dj —1-� - I q09
A RESOLUTION OF THE CITY OF ANNA. TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PUMP AND HAUL AGREEMENT WITH MM MANTUA
701. LLC, WITH AN EFFECTIVE DATE.
WHEREAS, Mlvl Mantua 701. LLC, is the developer of 701.013 acres of land in the
Extraterritorial Jurisdiction of the City of Van Alstyne, Texas, and:
WHEREAS. the 701,013 acre development will sewer to the City of Anna's Hurricane
Creek Regional Wastewater Treatment Plant, once the plant is complete and trunk sewer
mains are in place. and:
WHEREAS. the Developer is seeking to enter into a purnp and haul agreement for
temporary wastewater transport to Anna's wastewater collection system if necessary
while the construction of infrastructure is taking place. and:
WHEREAS. the Developer. at its sole cost. shall pay for the equipment, staff, and
operations of transporting the wastewater to the point of entry identified by the City of
Anna. and:
WHEREAS, the Developer agrees to pay a flat fee of $33.25 per truck to the City of Anna
for the costs associated with the acceptance and treatment of the wastewater, and:
WHEREAS, the proposed Mantua Pump and Haul Agreement is attached hereto, as
exhibit "A," and:
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization of Agreement.
The City Council of the City of Anna, Texas. authorizes the City Manager to execute the
attached Mantua Pump and Haul Agreement.
The City Council of the City of Anna, Texas, authorizes the city to invoice the developer
for accepting and treating the wastewater in accordance with the terms of the Mantua
Pump and Haul Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this -L7 il-)
day of December 2024.
ATTEST:
City Secretary, Carrie Land
APPROVED:
Mayor, Pete Cain
Exhibit A
(following Page)
MANTUA PUMP AND HAUL AGREEMENT
This MANTUA PUMP AND HAUL AGREEMENT ("Agreement") is entered into as of
December 17, 2024 (the "Effective Date"), by and between MM MANTLIA 701, LLC, a Texas
limited liability company ("MM Mantua") and the CITY OF ANNA, TEXAS (the "City"). MM
Mantua and the City are hereinafter individually referred to as a "Party" and collectively referred
to as the "Parties."
RECITALS
WHEREAS, MM Mantua is, or will become the developer of certain real property
generally depicted in Exhibit A, attached hereto and incorporated herein for all purposes, to be
known as "Mantua" (the "Development"); and
WHEREAS, the Parties intend that that Development be served by a regional sewer trunk
line (the "Regional Line"), which Regional Line is expected to be delivered to County Road 290
(CR 290) on or prior to December 31, 2025; and
WHEREAS, the Parties acknowledge that in the event the Regional Line is not constructed
to County Road 290 on or before December 31, 2025, there would be potential delays in MM
Mantua's ability to continue the construction of the Development;
WHEREAS, the Parties desire to enter into this Agreement to allow for MM Mantua to
continue construction of the Development and manage wastewater in the event of such delays;
NOW, '111J 1KI+FORE, in consideration of the mutual covenants and agreements
contained herein, the Parties agree as follows:
AGREEMENT
1. Pump and Haul. In the event that the Regional Line is not delivered to one of the
locations adjacent to County Road 290 as depicted on Exhibit B, attached hereto and incorporated
herein for all purposes, on or before December 31, 2025, the City agrees to allow MM Mantua to
transport wastewater from the Development to the manhole located within the Hurricane Creek
subdivision as depicted on Exhibit C, attached hereto and incorporated herein for all purposes (the
"Designated City Location"), during the hours of 7:00 AM to 7:00 PM. In any event, MM Mantua
shall not transport or discharge any wastewater from the Development in a manner or at a location
that would violate any applicable federal, state, or local law or regulation.
2. Contractors Utilized by MM Mantua for Transportation of' Wastewater. MM
Mantua shall bear all costs and expenses related to the transportation of the wastewater to the
Designated City Location, and shall be billed directly by all contractors utilized by MM Mantua
(collectively, "Contractors''), for the transportation of such wastewater. All Contractors shall (i)
be required to provide proof of liability insurance to the City with coverage in amounts reasonably
acceptable to the City, (ii) utilize trucks with wastewater capacity of no greater than approximately
5,000 gallons, (iii) provide the City with contact information for such Contractor available twenty-
four hours a day, and (iv) shall be responsible for counting trucks through truck tickets. MM
MANTUA PUMP AND HAUL AGREEMENT Page 1
Mantua shall be responsible for any damage resulting from Contractors transporting to and/or
accessing the Designated City Location.
3. Costs and Expenses. MM Mantua shall pay a water treatment fee to the City in the
amount of $6.65 per 1,000 gallons of wastewater accepted by the City, and such fee shall be
calculated on a per -truck basis. By way of example, if MM Mantua delivered, and the City
accepted 5,000 gallons of wastewater from a single truck, the fee would be $33.25 for such truck.
Each time a truck makes a delivery of wastewater under this Agreement, the truck wi I be deemed
to have delivered a fall 5,000 gallons of wastewater regardless of the actual amount of gallons
delivered. With the exception. of such wastewater treatment fee, MM Mantua shall not be
responsible for any additional fees imposed by the City for accepting such wastewater.
4. Term of Agreement. This Agreement shall commence on the Effective Date and
shall continue until the delivery of the Regional Line to CR 290 as depicted in Exhibit B.
5. Default. In the event of a failure of the City to comply with any provision of this
Agreement, MM Mantua may take such actions as may be necessary and appropriate to cause the
City to comply with its obligations under this Agreement, including an action for specific
performance of the obligations contemplated herein and all rights to pursue damages suffered by
MM Mantua as a result of such default, including reasonable attorneys' fees and court costs. In
the event of a failure of MM Mantua to comply with any provision of this Agreement, the City
may take such actions as may be necessary and appropriate to cause MM Mantua to comply with
its obligations under this Agreement, including an action for specific performance of the
obligations contemplated herein and all rights to pursue damages suffered by the City as a result
of such default, including reasonable attorneys' fees and court costs.
6. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas.
7. Waiver. Failure by a Party to insist upon the strict performance of any of the
provisions of this Agreement by any other Party, or the failure by a Party to exercise its rights upon
the default of any other Party, shall not constitute a waiver of such Party's right to insist and
demand strict compliance by such other Party with the terms of this Agreement thereafter.
8. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
9. Effective Datc. This Agreement has been dated as of the date first above written
solely for the purpose of convenience of reference and shall become effective upon its execution
and delivery by the parties hereto.
10. Statutoty Verifications. MM Mantua makes the following representation and
verifications to enable the City to comply with Chapters 2252, 2271, 2274, and 2276, Texas
Government Code, as heretofore amended (the "Government Code"), in entering into this
Agreement. As used in such verifications, "affiliate" means an entity that controls, is controlled
by, or is under common control with MM Mantua within the meaning of SEC Rule 405, 17 C.F.R.
MANTUA PUMP AND HAUL AGREEMENT Page 2
F
§ 230.405, and exists to make a profit. Liability for breach of any such verification prior to the
expiration or earlier termination of this Agreement shall survive until barred by the applicable
statute of limitations, and shall not be liquidated or otherwise limited by any provision of this
Agreement, notwithstanding anything in this Agreement to the contrary.
a. Not a Sanctioned Company. MM Mantua represents that neither it nor any of its parent
company, wholly- or majority -owned subsidiaries, and other affiliates is a company
identified on a list prepared and maintained by the Texas Comptroller of Public
Accounts under Section 2252.1.53 or Section 2270.0201, Government Code. The
foregoing representation excludes MM Mantua and each of its parent company, wholly -
or majority -owned subsidiaries, and other affiliates, if any, that the United States
government has affirmatively declared to be excluded from its .federal sanctions regime
relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist
organization,
b. No Boycott of Israel. MM Mantua hereby verifies that it and its parent company,
wholly- or majority -owned subsidiaries, and other affiliates, if any, do not boycott
Israel and will not boycott Israel during the term of this Agreement, As used in the
foregoing verification, "boycott Israel" has the meaning provided in Section 2271.001,
Government Code.
No Discrimination Against Firearm Entities. MM Mantua hereby verifies that it and
its parent company, wholly- or majority -owned subsidiaries, and other affiliates, if any,
do not have a practice, policy, guidance, or directive that discriminates against a f rearm
entity or firearm trade association and will not discriminate against a firearm entity or
firearm trade association during the term of this Agreement. As used in the foregoing
verification, "discriminate against a firearm entity or firearm trade association" has the
meaning provided in Section 2274.001(3), Government Code.
d. No Boycott of Energy Companies. MM Mantua hereby verifies that it and its parent
company, wholly- or majority -owned subsidiaries, and other affiliates, if any, do not
boycott energy companies and will not boycott energy companies during the term of
this Agreement. As used in the foregoing verification, "boycott energy companies" has
the meaning provided in Section 2276.001(1), Government Code,
1.1. 1295., Submitted herewith is a completed Form 1295 in connection with MM
Man.tua's participation in the execution of this Third Amendment generated by the Texas Ethics
Cornmi.ssion's (the "'1'1:C") electronic filing application in accordance with the provisions of
Section 2252.908 of the Texas Government Code and the rules promulgated by the TrC (the "Form
1295"). The City hereby confirms receipt of the Form 1295 from MM Mantua, and the City agrees
to acknowledge such form with the TEC through its electronic filing application not later than the
30th day after the receipt of such form. MM Mantua and the City understand and agree that, with
the exception of information identifying the City and the contract identification number, neither
the City nor its consultants are responsible for the information contained in the Form 1295; that
the information contained in the Form 1295 has been provided solely by MM Mantua; and, neither
the City nor its consultants have verified such information.
MANTUA PUMP AND HAUL AGREEMENT Page 3
.0
[SIGNATURES APPEAR ON FOLLOWING PAGE]
NIANTUA PUMP AND HAUL ACRE EMENT Page 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective
Date.
MM Mantua 701, LLC,
a Texas limited liability company
By: MMM Ventures, LLC,
a'Icxas limited liability company
Its Manager
By: 2M Ventures, L,LC,
a Delaware limited liability company
Its Manager
By: r2,1.-�� .,-i...'.. /
Nance: Mehrdad Moayedi
Its: Manager
STATE OF TEXAS §
COUNTV OF DALLAS §
This instrument was acknowledged before me, the undersigned authority, on the _ `I & day
of `; l t�l vd t^�r r __ 2024, by Mehrdad Moayedi, Manager of 2M Ventures, LLC, as Manager
of MMM Ventures, LLC, as Manager of MM Mantua 701, LLC, a Texas limited liability company
on behalf of said company.
-Notary Public, State of Texas
ISIGNTURES CON'fn--'TJE ON FOLLOWING PACE]
c4*Pr Pie MATTHEW DAWSON
i Notary ID #1338435
M My Commission Expires
ovtt{r July s, 2026
MANTU A PUMP AND HAUL AGREEMENT Page 5
CITY:
CITY OF ANNA, TEXAS
ATTEST:
By
Canic J.and, City Sccretar
STATE OF TEXAS §
COUNTY OF COLLIN §
A
Ry Hcndcrson, City Manager
'rhi.s instrument was acknowledged before me, the undersigned authority, on this day
of _$Ltrs t 2024, by Ryan Henderson, City Manager of the City of Anna, 'Texas, on
behalf of said municipality.
CARRIE L. LAND
Notary Public, State of Texas
="`e= Comm. Expires 02-04-2027
Notary ID 11419404
Notary Public, State of"Iexas
-NIAN`I UA PUMP AND IIAULAGREEMENT Page 6
EXHIBIT A
TRACT ACT 1:
SITIJATED in the County of Collin, State of Texas, and being a part of the Jonas Whitaker Survey,
Abstract No. 981, the W. P. Burns Survey, Abstract No. 100 and the .lohn Batterton Survey, Abstract
No. 94, the David Arnspiger Survey, Abstract No. 15 and the J.C. Burge Survey, Abstract No. 106,
and being a part of the 2,304.493 acres - Tract I, conveyed by Special Warranty Deed from Viola
Lordsmeer, L.P. to Risland Mantua, LLC on June 20, 2018 as recorded in lust. No. 2418-
0625000783630, Official. Public Records, Collin County, Texas and Inst. No. 2018-14251, Real
Property Records, Grayson County, Texas and being more particularly described by metes and
bounds as follows, to -wit:
BEGINNING at a mag-nail set in the North line of the Joseph Britton Survey, Abstract No. 72 and
the South line of said John Batterton Survey, at the Southeast corner of the 40 ac, tract of land
conveyed to James Robert Thornton in Volume 724, Page 884, Deed Records, Collin County,
Texas, at a Southwest conger of said Risland Mantua 2,304.493 ac, and being the most Southerly
Southwest coiner of the herein described tract;
THENCE North 01 deg. 00 min. 05 sec. West, with a West line of said Risland Mantua 2,304.493
ac. and the East line of said Thornton 40 ac., a distance of 2,706.86 ft. to a 1/2 square tube foiurd
at the Northeast corner of said Thornton 40 ac., at an Ell corner of both said Risland Mantua
2,304.493 ac. and the herein described tract;
THENCE South 88 deg. 57 min. 56 see. West, with the North line of said 'Thornton 40 ac., a
distance of 67632 ft. to a 1/2 inch square tube found u1 the East line of the 105 ac. tract of land
conveyed to James R. Thornton in Instrument No. 2015-0402000368560, said Deed Records, at
the most Westerly Southwest carrier of both said Risland Mantua 2,304.493 ac. and the herein
described tract;
THENCE North 00 deg. 56 min. 51 sec. West, with East line of said Thornton 105 ac. and a West
line of said Risland Mantua 2,304.493 ac., a distance of 382.39 ft. to a 1/2 inch square tube found
at the Northeast corner of said Thornton 105 ac., at the Southeast corner of the 60.453 ac. tract of
land conveyed to Lotus Teacher Limited Partnership in Instrument No. 2012-1231001662620, said
Deed Records, at an angle point in the West line of said Risland Mantua 2,304.493 ac.;
THENCE North 00 deg. 46 min. 18 sec. West, with the East line of said Lotus Teacher Limited
Partnership 60.453 ac. and the West line of said Risland Mantua 2,304.493 ac., passing the most
Southerly Southeast corner of the 19.667 ac. tract of land conveyed to David Scroggins and .Blanca
Scroggins in Instrument No. 2013-1112001531140, said Deed Records and continuing now with
an East line of said Scroggins 19.667 ac., entering (lie pavement of County Road 222 and
continuing with same for a short distance, leaving the pavement of said County Road 222 and
continuing for a TOTAL distance of 2,495.77 ft. to a 1/2 inch square tube found at an Ell corner of
said Scroggins 19.667 ac., and being the most Westerly Northwest corner of both said Risland
Mantua 2,304.493 ac. and the herein described tract;
MANTUA PUMP AND 1IAULAGREENI N7 Page 7
THENCE North 88 deg. 39 min. 43 sec. Fast, with a South line of said Scroggins 19.667 ac. and
a North line of said Risland Mantua 2,304.493 ac., crossing the edge of pavement of said County
Road 222 and continuing now with the pavement of said County Road 222 for a total distance of
671..98 ft. to a PK nail found at an angle point:
THENCE South 89 deg. 25 min. 01 sec. East, continuing with the pavement of said County Road
222, a South line of said Scroggins 19.667 ac. and a North line of'said Risland Mantua 2,304.493
ac., a distance of 2.82 ft. to a PK nail. found at the centerline intersection. of said County Road 222
with County Road 291, at the Southeast corner of said Scroggins 19.667 ac., at an 11111 corner of
both said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE in a generally Easterly direction, over and across said Risland Mantua 2,304.493 ac., the
following calls and distances:
1_ North 85 deg. 35 min. 08 sec. East, continuing with the pavement of said County Road 222, a
distance of 435.44 ft. to a mag-nail set at a Northerly corner of the herein described tract;
2. South 19 deg. 01 min. 19 sec. last, a distance of 728.44 ft. to a 1/2 inch capped rebar set stamped
"RPLS 6578" at an Ell corner of the herein described tract;
3. South 88 deg. 53 min. 59 sec. East, a distance of 472.85 ft. to a 1/2 inch capped rebar set stamped
"RPLS 6578" at an Ell corner of the herein described tract;
4. North 19 deg. 38 min. 41 sec. East, a distance of 927.42 ft. to a 1/2 inch capped rebar set. stamped
4'RPLS 6578" at the most Northerly Northwest corner of the herein described tract.;
5. North 90 deg. 00 min. 00 sec. East, a distance of 993.57 ft. to a 1/2 inch capped rebar set stamped
"RPLS 6578" at a. Northeasterly corner of the herein described tract, at the beginning of a curve;
6. Southeasterly, with a curve to the left, having a radius of 1,000.15 ft., a delta angle of 89 deg.
07 min. 24 sec. (chord bears: South 54 deg. 03 min. 43 sec. East,1,403.57 ft.) having an arc length
of 1,554.74 ft, to a 1/2 inch capped rebar set stamped "RPLS 6578";
7. North 81 deg. 22 min. 35 sec. East, a distance of 1,202.51 ft. to a 1/2 hich capped rebar set
stamped "RPLS 6578" at the beginning of a curve;
8. Northeasterly, with a curve to the right, having a radius of 1,200.18 ft., a delta angle of 7 deg.
20 min. 35 sec. (chord bears: North 85 deg. 02 min. 53 see. East, 153.71 ft.) having an arc length
of 153.82 ft. to a 1/2 inch capped rebar set stamped "RPLS 6578";
9, North 88 deg. 56 min. 14 sec. East, a distance of 396.00 ft. to a mag-nail set at the Southwest
coiner of 4.78 ac. tract of laid conveyed to Paul T. Adams and Ruth E. Adams in Instrument No.
2006-0724001039710, Deed Records and an E11 corner of said Risland Mantua 2,304.493 ac.;
THENCE North 88 deg. 39 min. 09 sec. East, with a North line of said Risland Mantua 2,304.493
ac., PASSING a 5-inch wood corner post at 1,458.59 ft. and continuing of a TOTAL distance of
MANTUA PUMP AND HAUL AGREEMENT Page 8
1,527.00 ft. to a point in creek at the Southeast corner of said Adams 4.78 ac., the most Southerly
corner of the 61.693 acre tract of land conveyed to Tollway Celina 45 Partners in Inst. No.
2023000024200, said Official Public Records (formerly a part of said Risland Mantua 2,304.493
ac.) and the most Westerly Southwest corner of the 86.976 ac, tract conveyed to Mantua Crossing,
LP in Inst. No. 2023-000023828, said Official Public Records, (formerly a part of said Mantua
2,304.493 ac.) and a Northeasterly corner of the herein described tract;
TlIFNCl; in an Easterly direction, with the Southerly lines of said Mantua Crossing, LP 86.976
ac., the following calls and distances:
1. South 45 deg. 49 min. 20 sec. East, a distance of 280.01 ft. to a point;
2. South 62 deg. 56 min. 25 sec. East, a distance of 591.62 ft. to a point;
3. North 40 deg. 54 min. 34 sec. East, a distance of 482.86 ft. to the most Western corner of .5.002
acres conveyed to Joe Francis Davis IV in Inst. No. 2022000165653, said Official Public .Records
(formerly a part of said Mantua 2,304,493 ac.);
THENCE in a Southerly and Northeasterly direction with the Westerly and Southerly lines of said
Davis 5.002 ac., the following calls and distances:
1. South 54 deg. 09 min. 32 sec. East, a distance of 200.00 ft. to the most Southern corner of said
Davis 5.002 ac.;
2. North 35 deg. 50 min. 28 sec. East, a distance of 295.29 ft. to a 1/2 inch capped rebar set, stamped
"RPLS 6578" at an angle point;
3. North 48 deg. 43 min. 08 sec. East, a distance of 703.94 ft. to a'/2 inch capped rebar set, stamped
"RPLS 6578" at the Southeast corner of said Davis 5.002 ac., in the West right-of-way line of U.
S. I lighway 75, at the most Easterly Northeast corner of the herein described tract;
THENCE Southerly, with the West right-of-way line of 11. S. Highway 75 and the Easterly lines
of said Risland Mantua 2,304,493 ac., the following calls and distances:
1. South 06 deg. 35 min. 55 sec. East, a distance of 410.10 ft. to a 5/8 inch aluminum capped rebar
found;
2. South 00 deg. 20 min. 22 sec. West, a distance of 799.74 ft. to a 5/8 inch aluminum capped
rebar found;
3. South 14 deg. 56 min. 39 sec. West, a distance of 325.62 ft. to a 5/8 inch aluminum capped
.rebar found;
4. South 19 deg. 18 min. 50 sec. East, a distance of 244.12 ft. to a 5/8 inch aluminum capped rebar
found.;
5. South 00 deg. 20 min. 28 sec. West, a distance of 597.79 ft. to a mail -nail round in the pavement
of County Road 372, a public road, and being the most Easterly Northeast corner of the 694.344
acre tract of land (Tract One) conveyed to Liberty 800, LP in Lust. No. 2023000025691, said
Official Public Records (formerly a part of said Mantua 2,304.493 ac) and the most Easterly
Southeast corner of the herein described tract;
MANTUAPUMP AND HACILAGREEMENT Page 9
ITIENCE in a general Westerly direction, along or near the center of said County Road 372, with
the Northerly lines of said Liberty 800, LP 694.344 ac., the following calls and distances:
1. South 89 deg. 27 min. 50 see. West, a distance of 282.63 ft. to a mag-nail found;
2. South 87 deg. 25 min. 04 sec, West, a distance of 51.63 ft.;
3. South 86 deg. 33 min. 49 sec. West, a distance of 55.99 ft.;
4. South 86 deg. 07 min. 56 sec. West, a distance of 85.23 ft.;
5. North 87 deg. 33 min. 06 sec. West, a distance of 63.37 ft.;
6. North 72 deg. 05 min. 15 sec. West, a distance of 97.50 ft.;
7. North 67 deg. 26 min. 05 sec. West, a distance of 118.48 ft.;
8. North 69 deg. 40 min. 24 sec. West, a distance of 136.84 ft.;
9. North 75 deg. 13 min. 37 sec. West, a distance of 120.32 ft. to a mag-nail found;
10. South 69 deg. 36 min. 45 sec. West, a distance of 94.23 ft.;
11. South 37 deg, 58 min. 13 sec. West, a distance of 103.89 ft.;
12. South 32 deg. 02 min. 27 sec. West, a distance of 165.42 ft, to a mag-nail found;
13. South 34 deg. 02 min. 26 sec. West, a distance of 211.93 ft.;
14. South 36 deg. 53 min. 20 sec. West, a distance of 133.56 ft.;
15. South 53 deg. 44 min. 03 sec. West, a distance of 92.86 ft.;
16. North 86 deg. 32 min. 19 sec. West, a distance of 86.89 ft. to a mag-nail found;
17. North 69 deg. 30 min. 37 sec. West, a distance of 290.88 ft.;
18. North 67 deg. 28 min. 08 sec. West, a distance of 91.86 ft.;
19. North 63 deg. 13 min. 19 sec. West, a distance of 129,45 ft.;
20. North 63 deg. 12 min. 34 sec. West, a distance of 108.68 ft.;
21. North 77 deg. 53 min. 48 sec. West, a distance of 93.44 ft.;
22, North 87 deg. 57 min. 09 sec. West, a distance of 172.41 ft. to a mag-nail found;
23. North 86 deg. 46 min. 24 sec. West, a distance of 506.20 ft.;
24, South 89 deg. 48 min. 47 sec. West, a distance of 127.43 ft.;
25. South 74 deg. 45 min. 46 sec. West, a distance of 135.00 ft.;
26. South 57 deg. 41 min. 04 sec. West; a distance of 150.00 ft.;
27. South 49 deg. 39 min. 30 sec. West, a distance of 128.05 ft. to a mag-nail fotuid at the Northeast
corner of 16.952 ac. tract of land (Tract 1) conveyed to MJLA Adams, Ltd, in Instrument No. 2011 -
0505000462580, said Deed Records;
THENCE South 51 deg. 43 min. 23 sec. West, continuing with the pavement of said County Road
290 and the North line of said Adams 16.952 ac., a distance of 616.60 ft. to a PK nail set at the
Northeast corner of the 14.442 ac. tract of land (Second 'l'ract) conveyed to John Spencer White,
Sue Ell White, Jane Lslizabeth. White McCarley, Sherry Blaine White Hendricks and F. M.
Hendricks, Trustee of the White Children's'Trust in Volume 3185, Page 647, said Dced Records;
THENCE South 47 deg. 22 min. 12 sec. West, continuing with the pavement of said County Road
290 and the North line of said White 14.442 ac., a distance of 76.68 ft. to a %i inch rebar found at
the Southeast corner of the 1.982 acres conveyed to Shannon R. Owens and Courtney A. Owens
in Vol,. 4985, Pg. 2432, said Deed Records and a Southwest corner of both said Risland Mantua
2,304,493 ac. and the herein described tract;
MAN'rUAPUNIPAND HAULAGREEMENT Page 10
THENCE North 02 deg. 10 min. 02 sec. West, with the East line of said Owens 1.982 ac., a distance
of 295.08 ft. to a 3/4 inch pipe found at the Northeast corner of said Owens 1.982 ac. and an Ell
corner of both said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE South 89 deg. 37 min. 57 sec. West, with the North line of said Owens 1.982 ac., passing
the Northwest corner of the remainder 4.527 ac. tract of land conveyed to Michael R. Ashley in
Volume 4935, Page 3842, said Deed Records, then continuing with the North line of 3.018 ac. tract
of land conveyed to Michael Ray Ashley and Margret Ashley in Volume 901, Page 362, said Deed
Records, for a total distance of 547.08 ft. to a 1/2 inch rebar found at the Northwest corner of said
Ashley 3.018 ac, and an Ell corner of both said Risland Mantua 2,304.493 ac. and the herein
described tract;
THENCE South 03 deg. 03 min. 42 sec. West, with the West line of said Ashley 3.018 ac, and an
East line of said Risland Mantua 2,304.493 ac., a distance of 878.80 ft. to a mag-nail found in the
pavement of said County Road 290, being the Southwest corner of said Ashley 3.018 ae., and lying
in the North line of the 13.481 ac. tract of land (First Tract) conveyed to John Spencer White, Site
Ell White, Jane Elizabeth White McCarley, Sherry Elaine White Hendricks and F. M. Hendricks,
Trustee of the White Children's Trust in Volume 3185, Page 647, said Deed Records and a
Southeast corner of both said Risland Mantua 2,304.493 ac, and the herein described tract;
T.I.IENCE South 37 deg. 21 min. 41 sec. West, continuing with the pavement of said County Road
290, with the North line of said White 1.3.481 ac., a distance of 143.92 ft, to a rnag-nail fi)und at
the Northeast corner of I,ot 2 of 'Triple I Ranch Addition to Collin County, Texas, as per plat of
record in Instrument No. 2003-0183169, Map Records, Collin County, Texas;
THENCE in a South and Westerly direction, continuing with the pavement of said County Road
290 and with the North lines of said Triple I Ranch Addition, the following calls and distances:
1. South 34 deg. 06 min. 26 sec. West, a distance of 423.91 ft. to a %2 inch rebar found at angle
point;
2. North 88 deg. 31 min. 02 sec. West, a distance of 424.78 ft. to a mag-nail found at the Southeast
corner of 18.632 ac. tract of land conveyed to Stephen V. Jones and Kristi S. Jones in Volume 4140,
Page 3149, said Deed Records and a Southwest corner of both said Risland Mantua 2,404.493 ac.
and the herein described tract;
THENCE Northerly, with the center of a creek and the East line of said ,Tones 18.632 ac, and the
Westerly lines of said Risland Mantua 2,304.493 ac., the following calls and distances:
1. North 03 deg. 57 min. 41 see. East, a distance of 85.40 ft.;
2. North 36 deg. 14 min. 23 sec. West, a distance of 93.77 ft.,
3. North 24 deg. 31 min. 23 see. West, a distance of 55.00 ft.;
4. North 53 deg. 31 min. 23 sec. West, a distance of 42.00 ft.;
5. North 27 deg. 51 min. 23 sec. West, a distance of 29.70 ft.;
6. North 71 deg. 01 min. 23 sec. West, a distance of 25.40 ft.;
7. North 32 deg. 11 min. 23 sec. West, a distance of 27.30 ft.;
8. North 06 deg. 51 min. 45 sec. West, a distance of 61.40 ft.;
MANTUA PUMPAND H.AULAGREEMENT Page 11
9. North 14 deg, 41 min. 37 sec, East, a distance of 29.40 ft.;
10. North 32 deg. 16 min. 23 sec. West, a distance of 22.00 ft.;
11. North 80 deg. 26 min. 23 sec. West, a distance of 16.10 ft.;
12. North 00 deg. 16 min. 23 sec. West, a distance of 50.00 ft.;
13. North 30 deg. 42 min. 37 sec. East, a distance of 24.60 ft.;
14. North 01 deg. 28 min. 37 sec. East, a distance of 26.40 ft.;
15. North 33 deg. 25 min, 37 sec. East, a distance of 43.20 ft.;
16. North 14 deg. 11 rnin, 23 sec. West, a distance of 54.70 ft.;
17. North 00 deg. 31 min. 23 sec. West, a distance of 82.20 ft.;
18. North 20 deg. 31 min. 23 sec. West, a distance of 80.00 ft.;
19. North 41 deg. 06 min. 23 sec. West, a distance of 37.60 ft.;
20. North 16 deg. 43 min. 37 see. East, a distance of 43.20 ft.;
21. North 57 deg. 28 min. 37 sec. East, a distance of 36,10 ft.;
22, North 29 deg. 31 min. 23 see. West, a distance of 44.00 ft.;
23. North 57 deg. 31 min. 23 sec. West, a distance of 21.00 ft.;
24. North 22 deg. 18 min. 23 sec. West, a distance of 51.60 ft.;
25. South 47 deg. 08 min. 37 sec. West, a distance of 24.00 ft.;
26. North 45 deg. 11 min. 23 sec. West, a distance of 30.40 ft.;
27. North 86 deg. 31 min. 23 sec. West, a distance of 26.00 ft.;
28, North 44 deg. 31 min. 23 sec. West, a distance of 26.50 f1.;
29, North 86 deg. 31 min. 23 sec. West, a distance of 42.70 ft.;
30. North 28 deg. 11 min. 23 sec. West, a distance of 75.00 ft.;
31. North 14 deg. 31 min. 23 sec. West, a distance of 25.30 ft.;
32. North. 35 deg. 31 min. 23 sec. West, a distance of 25.90 ft.;
33, North 19 deg. 39 min. 23 sec. West, a distance of 78.20 ft.;
34. North 67 deg. 28 min. 37 sec. East, a distance of 22.40 ft.;
35. North 45 deg. 39 min. 37 see. East, a distance of 36.00 ft,;
36. North 45 deg. 31 min. 23 sec. West, a. distance of 78.70 ft.;
37. North 38 deg. 40 min. 23 sec. West, a distance of 22.43 ft.;
38. South 80 deg. 27 min. 37 sec. West, a distance of 53.20 ft.;
39. North 16 deg. 43 min. 23 sec. West, a distance of 58.30 ft.;
40. North 34 deg. 17 min. 23 sec. East, a distance of 2.22 ft.;
THENCE South 88 deg. 18 min. 32 sec. West, with the North line of said Jones 18.632 ac., a
distance of 293.83 ft. to a 1/2 inch capped rebar found, stamped "RPLS 6579" in the West line of
said W.P. Burns Survey (Collin County) and the West line of said John Batterton Survey (Collin
County), at the Northwest corner of said Jones 18.632 ac. and an Ell corner of both said Risland
Mantua 2,304.493 ac. and the herein described tract;
THENCE South 01 deg. 29 min. 12 sec. East, with an East line of both said Risland Mantua
2,304.493 ac. and David Arnspiger Survey and the West line of both said Jones 18,632 ac. and W.P.
Burns Survey, a distance of 62.52 ft. to a 1/2 inch rebar found at an angle point;
THENCE South 01 deg, 21 min. 40 sec. East, continuing with the West line of both said Jones
18.632 ac. and W.P. Burns Survey and the East line of both said Risland Mantua 2,304.493 ac. and
John Batterton Survey, a distance of 1,024.62 ft, to a 1/2 inch rebar found at the Southwest corner
MANTUA PUMPAND HAULAGREEMENT Page 12
of said Jones 18.632 ac. and a Southeast corner of the herein described tract, lying at an angle point
in the North line of said Liberty 800, LP 694.344 ac.;
THENCE South 88 deg. 20 min. 33 sec. West, with the pavement of said County Road 290, and a
North line of said Liberty 800, LP 694.344 ac., a distance of 772.49 ft. to a %2 inch capped rebar
found, stamped "RPLS 6578" at the most Northerly Northwest corner of said Liberty 800, LP
694.344 ac. and an Ell corner of the herein described tract;
TI 11?NCI3 South 00 deg. 49 min. 03 sec. East, continuing with the pavement of said County Road
290, anda, Western line of said Liberty 800, LP 694.344 ac., a distance ol' 1,687.21 it. to a 1/2 inch
rebar found in the South line of said John Batterton Survey and the North line of the Zachariah
Roberts Survey, Abstract No. 760, at an Ell corner of said Liberty 800, LP 694.344 ac. and a
Southeast corner of the herein described tract;
THENCE South 89 deg. 18 min. 25 sec. West, continuing with the pavement of said County Road
290, with a North line of both said Zachariah Roberts Survey and Liberty 800, LP 694.344 ac. and
the South line of said John Batterton Survey, a distance of 797.98 ft. to a 1/2 inch rebar found at.
the Northeast corner of the 10.669 ac. tract of land conveyed to Delmore A. M. Church and Joyce
Church in Volume 702, Page 585, said Deed Records and the most Westerly Northwest corner of
said Liberty 800, LP 694.344 ac.;
THENCE South 89 deg. 27 min. 01 sec. West, continuing with the pavement of said County Road
290, and the North line of both said Church 10.669 ac. and Zachariah Roberts Survey and the
South line of both said John Batterton Survey and Risland Mantua 2,304.439 ac., a distance of
935.50 ft. to a PK nail set: at the Northwest corner of said Church 10.669 ac, and an fall corner of
both said Risland Mantua 2,304.493 ac. and the herein described tract;
THENCE South 01 deg. 20 min. 57 sec. East, with the pavement of said County Road 290, the
West line of said Church 10.669 ac. and an East line of said Risland Mantua 2,304.493 ac., a
distance of 5.80 ft. to a PK nail set at the Northeast corner of both said Thornton 103 ac. and Joseph
Britton Survey, at the most Southerly Southeast corner of the herein described tract;
THENCE South 89 deg. 14 min. 17 sec. West, with the pavement of said County Road 290 and a
South line of both said Risland Mantua 2,304.493 ac. and John Batterton Survey and the North
line of both said Thornton 103 ac. and Joseph Britton Survey, a distance of 118.29 ft. to the PLACE
OF BEGINNING and containing 666.61 ACRES of land, more or less.
TRAt:T 2: (34.403 ae)
SITUATED in the County of Collin, State of Texas, and being a part of the NELSON H. HANEY
SURVEY, ABSTRACT No. 431, and being a part of the WILLIAM CREAGER. SURVEY,
ABSTRACT No. 164, and being all of the 34.403 acre tract of land (Tract C) conveyed by Special
Warranty Deed dated June 25, 2018 from Viola Lordsmeer, LP to Risland Mantua, LLC as recorded
in Instrument No. 20180625000783630, Official Public Records, Collin County, Texas, and being
more particularly described by metes and bounds as follows, to -wit:
MANTUA PUMP AND HAUL AGREEMENT Page 13
BEGINNING at a 3/8" rebar found at the Southwest corner of the 10.00 ac. tract of land conveyed
to Rollin George Andreas in Instrument No. 95-0024818, said Deed Records and an Ell corner of
said Risland Mantua, LLC 34.430 ac.;
THENCE South 89 deg. 16 min. 15 see. East, with the South line of said Andreas 10.00 ac. and a
North line of said Risland Mantua, LLC 34.430 ac., passing the Southeast corner of said Andreas
10.00 ac. and the Southwest corner of the 20.00 ac. tract of land conveyed to Clyde Leaman Depew
in Volume 2709, Page 88, said Deed Records and continuing now with the South line of said
Depew 20.00 ac. for a total distance of 934.92 feet to a 1/2" rebar found at the Southeast corner of
said 20.00 ac., at the Southwest corner of the 7.31 ac. tract of land conveyed to William E.
Downing, Jr. and Patti A. Downing in Instrument No. 20121127001509490, said Deed Records;
TlIFNCF South 89 deg, 48 min. 36 sec. East, with the South line of said Downing 7.31 ac.,
continuing with a North line of said Risland Mantua, LLC 34.430 ac., a distance of 370.40 feet to
a 1/2" rebar found at the Northwest corner of the 5.03 acre tract of land conveyed to Stephen D.
Kalt and Phyllis Kalt in Instrument No. 20080813000986320, said Deed Records and the most
easterly Northeast corner of said Risland Mantua, LLC 34,430 ac.;
THENCE South 01 deg. 07 min. 57 sec. West, with the West line of said Kalt 5.03 ac. and the East
line of said Risland Mantua, LLC 34.430 ac., passing the Southwest corner of said Kalt 5.03 ac.
and continuing, passing the Northwest corner of the 10.00 ac. tract of land conveyed to Jeffrey S.
Wood and Caroline A. Wood in Instrument No. 20110228000213080, said Deed Records and
continuing now with the West line of said Wood 10.00 ac. for a total distance of 661.53 feet to a
1" pipe found at the Northeast corner of the 20.0 ac. tract of land conveyed to Osa W. Marshal I in
Instrument No. 20070710000945040, said Deed Records, at the Southeast corner of said Risland
Mantua, LLC 34.430 ac.;
THENCE North 88 deg. 56 min. 12 sec. West, with the North line of said Marshall 20.0 ac. and
the South line of said Risland Mantua, LLC 34.430 ac., a distance of 1,264.27 feet to a 1/2" rebar
found in the Fast right-of-way line of the Dallas Area Rapid Transit Railroad right-of-way, at the
Northwest corner of said Marshall 20.0 ac., at the Southwest corner of said Risland Mantua, LLC
34.430 ac.;
THENCE North 22 deg. 10 nun. 47 sec. West, with the East right-of-way line of said railroad right-
of-way and a West line of said Risland Mantua, LLC 34.430 ac., a distance of 1,991.91 feet to a
1/2" rebar found in the pavement of County Road 377, a public road, at the Southwest corner of
the 1.8398 ac. tract of land (Tract C-2B) conveyed to Alta Mae Whitley in Instrument No. 92-
0070321, said Deed Records, at the Northwest corner of said Risland Mantua, LLC 34.430 ac.;
THENCE South 87 deg. 38 min. 28 sec. East, with the pavement of said County Road 377, the
South line of said Whitley 1.8398 ac, and the North line of said Risland Mantua, I,LC 34.430 ac.,
passing the Southeast corner of said Whitley 1.8398 ac. and the most Southerly Southwest corner
of the 9.0542 ac. tract of land (Tract C-2A) conveyed to Alta Mae Whitley in said Inst. No. 92-
0070321 and continuing with the South line of said Whitley 9,0542 ac., passing the Southeast
corner of said Whitley 9.0542 ac. continuing now with the South line of said Litchford 0.2853 ac.,
passing the Southeast corner of said Litchfor 0.2853 ac. and the Southwest corner of the 0.2853
MAN"TUA PUMP AND tt.ATIL.AGREEMENT Page 14
ac. tract of land (Tract B-3) conveyed to Carlton F. Jackson in said Inst. No. 92-0070321 and
continuing for a total distance of 754.24 feet to a 1!2" capped rebar found at the most westerly
Northwest comer of said Andreas 10.00 ac, and the most northerly Northeast corner of said Risland
Mantua, LLC 34.430 ac,;
THENCE South 01 deg. 27 min. 56 sec. West, with the 'Nest line of said Andreas 10.00 ac. and the
East line of said Risland Mantua, LLC 34r430 ac., a distance of 1,162.79 feet to the PLACE OF
BEGINNING and containing 34.403 ACRES of land, more or less.
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MANTUA PUMP AND MAUL AGREEMENT Page 15
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Abstract No. 201
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Abstract No. I64
Collin County, Texan
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prcperty shorn hNMabone and that
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5'v4 and If a live and correct to
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to shorn hereon. Field Noise
attached hsrolo.
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doel no ne Ahln IN M148 of any
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Ar.o1, of *has on theTEEN.'
Flood Ireuronce Role Mop fa Coin
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4e06iC.0065 J k 40065600T0 J.
Wood Qato: Jun. 2. 2009.
Hole. TN boundaNe shorn hereon
bosod upon o survey p.rformed on
Dwember S, 2017, No title
conwMfrent has been sapped to
the undtrs'gnd @~m for Me
transoetlm
KOte A W.:�, . R P. L 5, He 6576
hlb -L' n. 7022
YIANTLIA.PUMPAND H.AULAGIZEF,MP,N7' Page 16
EXHIBIT B
� � N
CALM COUNTV
V
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666.6 AC J eivor.MA
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•• Exhibit B
Gnor v/m
+ •• MANTUA MASTER SEWER
m of INFRASTRUCTURE EXHIBIT
K�mleym)Horn
MANTUA PiJMY AND HAUL AGREEMENT Page 17
EXHIBIT C
I I
MANTUA PUMP AND TIAUL AGREEMENT
Page 18