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HomeMy WebLinkAboutRes 2015-10-118 Pecan Grove Ph 1 Drainage Improvements (2).pdf CITY OF ANNA, TEXAS RESOLUTION NO. 2015-10-118 (PECAN GROVE, PHASE 1 DRAINAGE IMPROVEMENTS) A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT FOR PECAN GROVE, PHASE 1 DRAINAGE IMPROVEMENTS. WHEREAS, the City of Anna, Texas, D. R. Horton, Inc., and Pecan Grove Estates Homeowner's Association, Inc., have agreed to cooperate on matters related to the construction of certain drainage improvements; and WHEREAS, the Subdivision Improvement Agreement for Pecan Grove, Phase 1 Drainage Improvements, attached hereto as Exhibit 1, is adopted pursuant to Part ll, Article 49, Section 8.10 of the Anna City Code of Ordinances; 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 for Pecan Grove, Phase 1 Drainage Improvements, attached hereto as Exhibit 1, subject to review and approval as to legal form by the City Attorney; and authorizes, ratifies and approves the City Manager's execution of same. 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. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27th day of October 2015. ATTEST: APPROEI�: F City Secretary Carrie L. Smith = c Uayor Mike Crist e 1 SUBDIVISION IMPROVEMENT AGREEMENT PECAN GROVE, PHASE 1 DRAINAGE This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas, a home-rule municipality (the "Ci"), D. R. Horton, Inc., (the "Builder"), and Pecan Grove Estates Homeowner's Association, Inc., (the "HOA") for the purposes and consideration stated below. WHEREAS, Builder, HOA, 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 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, the City, Builder, and HOA have agreed to cooperate on matters related to the construction of certain drainage improvements more particularly described in Exhibit A attached hereto (the "Drainage Improvements"); and WHEREAS, Builder and HOA understand and acknowledge that acceptance of this Agreement is not an exaction or a concession demanded by the City but rather is an undertaking of Builder's and HOA's voluntary design; and WHEREAS, this Agreement is adopted pursuant to Part II, Article 49, Section 8.10 of the Anna City Code of Ordinances; 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 Builder, HOA, and the City. SECTION 2 DEFINITIONS Final Construction Cost, with respect to the Drainage Improvements, means the dollar amount actually paid for the construction of the Drainage Improvements at the time of full and final completion, dedication and acceptance the Drainage Improvements. Water Impact Fees means fees charged by the City to a builder or property owner for the general purpose of funding the construction of water capital improvements as described Part IV, Article 7, Section 13, of the Anna City Code of Ordinances. SUBDIVISION IMPROVEMENT AGREEMENT Page 11 PECAN GROVE, PHASE 1 DRAINAGE SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Builder fully and satisfactorily completes the Drainage Improvements, Builder shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the actual amount paid for the Drainage Improvements. (b) Insurance. Builder or its contractor(s) shall acquire and maintain, during the period of time when any of the Drainage Improvements are under construction (and until the full and satisfactory completion of the Drainage Improvements: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00, whichever is greater. Coverage must be on an "per occurrence" basis. Such insurance shall also cover any and all claims which might arise out of the Drainage Improvement construction contracts, whether by Builder, a contractor, subcontractor, material man, or otherwise. 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 Drainage Improvement construction contracts, Builder 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. (c) indemnification and Hold Harmless. BUILDER AND HOA COVENANT AND AGREE TO INDEMNIFY AND DO HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF BUILDER OR HOA, THEIR AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE DRAINAGE IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUBDIVISION IMPROVEMENT AGREEMENT Page 12 PECAN GROVE, PHASE 1 DRAINAGE (d) Relationship of Parties. At no time shall the City have any control over or charge of the Builder's design, construction or installation of the Drainage 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 Builder or the City and HOA. SECTION 4 DRAINAGE IMPROVEMENTS (a) Builder Obligations. (1) Within sixty (60) days of the Effective Date, Builder agrees to complete in a good and workmanlike manner construction of the Drainage Improvements. If Builder fails to fully complete construction of the Drainage Improvements in said manner within sixty (60) days of the Effective Date, then the City's obligations under Section 4(b) shall terminate and Builder shall not be entitled to the credit described therein. (2) Builder agrees that the City may inspect the construction of the Drainage Improvements and may require Builder to correct any deficiencies in the construction of said improvements in order to comply with the construction plans described in Exhibit A prior to final and satisfactory completion. (3) Builder agrees that the City will only deem the Drainage Improvements satisfactorily complete when the Builder's engineer has certified to the City's engineer (through submission of detailed sealed "as-built", or record drawings of the Drainage Improvements) that the Drainage Improvements including their location, dimensions, materials, and other information required by the City's engineer, have been completed and are functioning in accordance with good engineering practices. (b) City Obligations. (1) City agrees that it shall not be entitled to collect, and shall forgo collection of one- half of the dollar amount of Water Impact Fees that would normally be charged in connection with the issuance of building permits for single family homes to be constructed on lots owned by the Builder and located within the corporate limits or the extraterritorial jurisdiction of the City, but only to the extent that the total amount of Water Impact Fees that the City forgoes under this Agreement does not exceed the lessor of $57,773.83, or one-third (1/3) of the Final Construction Cost. To implement this credit, the dollar amount of the Water Impact Fees shall be reduced by one-half at the time that said fees are normally collected. Notwithstanding any provision of this Agreement, inspection fees, other impact fees, and other customary fees apart from one-half of the Water Impact Fees shall remain applicable, and such fees shall be collected, under applicable ordinances and regulations. SUBDIVISION IMPROVEMENT AGREEMENT Page ( 3 PECAN GROVE, PHASE 1 DRAINAGE (2) The City's obligation to forgo collection.of one-half of the dollar amount of Water Impact Fees as described in Section 4(b)(1) shall not apply if the City has a contractual obligation to collect Water Impact Fees in connection with a building permit issued on property owned by the Builder. (c) HOA Obligations. (1) HOA agrees that the Drainage Improvements shall be constructed within an easement or easements dedicated to the HOA described in Exhibit B attached hereto (the Easement Property), and that the HOA and its successors shall be solely responsible for the perpetual maintenance and proper function of the Drainage Improvements. HOA agrees that the Easement Property shall be kept clear of all obstructions which in any way endanger or interfere with the maintenance or proper function of the Drainage Improvements. The HOA's maintenance responsibility shall include but shall not be limited to removing any significant build-up of sediment or debris from the Drainage Improvements. (2) HOA further agrees than neither the City nor Builder shall have any obligation or responsibility to maintain the Easement Property or Drainage Improvements. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and Builder and HOA have duly executed same. SECTION 6 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of the Parties under this Agreement shall bind the Parties and each successor organization or person. (b) The Parties may not assign or transfer their respective interest in this Agreement without prior written consent of the other Parties. SECTION 7 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the respective Parties, 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. SUBDIVISION IMPROVEMENT AGREEMENT Page 14 PECAN GROVE, PHASE 1 DRAINAGE (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 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 If to Builder: D. R. Horton, Inc. If to HOA: Pecan Grove Estates HOA Inc (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the Parties 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 Parties shall be deemed to have contracted as if said clause, section, paragraph or portion had not been in the Agreement initially. (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. SUBDIVISION IMPROVEMENT AGREEMENT Page 15 PECAN GROVE, PHASE 7 DRAINAGE (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) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties. 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. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Binding Effect. This Agreement shall bind and inure to the benefit of the Parties. (1) 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 16 PECAN GROVE, PHASE 1 DRAINAGE D. R. Horton, Inc. By: David V. Auld, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of ,2015, personally appeared David V. Auld, 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 D. R. Horton, Inc. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT Page 17 PECAN GROVE, PHASE 1 DRAINAGE CITY OF ANNA By: Philip Sanders, City Manager Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLL IN § 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 and on behalf of the City of Anna. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT Page 18 PECAN GROVE, PHASE 1 DRAINAGE Pecan Grove Estates Homeowner's Association, Inc. By: Richard Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of ,2015, personally appeared Richard Skorburg 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 Pecan Grove Estates Homeowner's Association, Inc. Notary Public, State of Texas SUBDIVISION IMPROVEMENT AGREEMENT Page 19 PECAN GROVE, PHASE 1 DRAINAGE ATTACHMENTS Exhibit A—the Drainage Improvements Exhibit B —the Easement Property SUBDIVISION IMPROVEMENT AGREEMENT Page 110 PECAN GROVE, PHASE 1 DRAINAGE wa YZ:t awz/9/oL awa ww .W xa cnao!a wd cz l swz/a/ot eau o^°s a!eW As ams Eos'to7i-x9-caL3olp-9Z'eo'9toZ\4w'\Mob wwa-e9Z3oM�sMM°'d\gi�'Y�^Iv "a4,j 4{38 R 1 oaceii W MAN $ 9S R , rusia 'n Q Q C � iaa as �( " i$ X9.3 c,saa W 2 c x , CDo 'o LLJ Q r 1 1 d w ^ 9 kI dj 79 eeme di II 6ple 6 i! le F Q 90GBX9 Eff1 i a ydoo a � 1 '° ii rill� \ \ b + rmez3 a!❑❑NN! 3e Ixtllllm\ - 1 'rwV sS / 1 �� I(!I1I!o'w\ � 1 r III'll by I LL 1 � 6�� 1 I ffYwp n Q f 1\ G E} XXQQ 4 , e y4 ' L&N3 d + w<3 4aw Xi T bL m ( t gn 6 � ezawxa r/ al; / 1.h u a� �/irrl r�K.11 1 i 1. e8 T®s$ 84Al-Ul 274, ow l�� i EXHIBIT 20' DRAINAGE EASEMENT PAGE 1 OF 3 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, and being further described as follows: BEGINNING at a five—eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 60 penny nail set at the north corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the southwest corner of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd, as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 00 degrees 27 minutes 03 seconds West, 25.62 feet along the east line of said 2.536 acre tract of land to a 60 penny nail set for corner; THENCE South 51 degrees 45 minutes 32 seconds West, 6.24 feet to a 60 penny nail set for corner; THENCE South 47 degrees 44 minutes 57 seconds West, 45.35 feet to a 60 penny nail set for corner; THENCE South 41 degrees 13 minutes 49 seconds West, 44.92 feet to a 60 penny nail set for corner; THENCE South 34 degrees 42 minutes 43 seconds West, 44.90 feet to a 60 penny nail set for corner; THENCE South 28 degrees 11 minutes 39 seconds West, 44.91 feet to a 60 penny nail set for corner; THENCE South 21 degrees 40 minutes 28 seconds West, 44.93 feet to a 60 penny nail set for corner; THENCE South 15 degrees 09 minutes 06 seconds West, 44.95 feet to a 60 penny nail set for corner; THENCE South 08 degrees 37 minutes 51 seconds West, 44.93 feet to a 60 penny nail set for corner; THENCE South 02 degrees 18 minutes 06 seconds West, 46.57 feet to a 60 penny nail set for corner; THENCE South 00 degrees 32 minutes 18 seconds West, 115.70 feet to a 60 penny nail set for corner; THENCE Southeasterly, 11.22 feet along a curve to the left having a central angle of 12 degrees 14 minutes 50 seconds, a radius of 52.50 feet, a tangent of 5.63 feet, and whose chord bears South 23 degrees 20 minutes 17 seconds East, 11.20 feet to a 60 penny nail set for corner; THENCE South 29 degrees 27 minutes 51 seconds East, 58.45 feet to a 60 penny nail set for corner; THENCE South 08 degrees 58 minutes 50 seconds East, 33.10 feet to a 60 penny nail set for corner; THENCE South 01 degrees 02 minutes 16 seconds East, 111.04 feet to a 60 penny nail set for corner; THENCE Southwesterly, 94.70 feet along a curve to the right having a central angle of 89 degrees 02 minutes 40 seconds, a radius of 60.94 feet, a tangent of 59.93 feet, and whose chord bears South 43 degrees 29 minutes 03 seconds West, 85.45 feet to a 60 penny nail set for corner; THENCE South 88 degrees 13 minutes 21 seconds West, 3.02 feet to a 60 penny nail set for corner in the west line of said 2.536 acre tract of land said point being in the east line of said Pecan Grove Phase 1; TBPE Na.P-08 T8PL8 Na.10478000 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2006 B1 10-19-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt DR4 Drawing:H:\Pr0je0ts\H0E266—Pecan Orovo\dwg\XH0E266—E8MT DR-4.dwg Saved By. mdavidson Sove 11ma:10/19/2018 2.60 RA Plotted 6y,mdmidson Pio Dote; 10/19/2015 ISO PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 2 OF 3 CONTINUE LEGAL DESCRIPITON THENCE North 00 degrees 32 minutes 18 seconds East, 20.02 feet along the west line of said of 2.536 acre tract of land and along the east line of said Pecan Grove Phase 1 to a 60 penny nail set for corner; THENCE North 88 degrees 13 minutes 21 seconds East, 2.33 feet to a 60 penny nail set for corner; THENCE Northeasterly, 63.62 feet along a curve to the left having a central angle of 89 degrees 02 minutes 40 seconds, a radius of 40.94 feet, a tangent of 40.26 feet, and whose chord bears North 43 degrees 29 minutes 03 seconds East, 57.41 feet to a 60 penny nail set for corner; THENCE North 01 degrees 02 minutes 16 seconds West, 109.81 feet to a 60 penny nail set for corner; THENCE North 08 degrees 58 minutes 50 seconds West, 28.09 feet to a 60 penny nail set for corner; THENCE North 29 degrees 27 minutes 50 seconds West, 64.84 feet to a 60 penny nail set for corner, THENCE Northwesterly, 18.87 feet along a curve to the right having a central angle of 14 degrees 54 minutes 35 seconds, a radius of 72.50 feet, a tangent of 9.49 feet, and whose chord bears North 22 degrees 00 minutes 24 seconds West, 18.81 feet to a 60 penny nail set for corner in the west line of said 2.536 acre tract of land, said point being the in east line of said Pecan Grove Phase 1; THENCE along the east line of said 2.536 acre tract of land and along, the west line of said Pecan Grove Phase 1; North 00 degrees 32 minutes 18 seconds East, 118.87 feet at the southwest corner of Lot 27, Block B of said Pecan Grove Phase 1; North 02 degrees 18 minutes 06 seconds East, 47.98 feet at the southwest corner of Lot 26, Block B of said Pecan Grove Phase 1; North 08 degrees 37 minutes 51 seconds East, 47.18 feet at the southwest corner of Lot 25, Block B of sold Pecan Grove Phase 1; North 15 degrees 09 minutes 06 seconds East, 47.23 feet at the southwest corner of Lot 24 Block B of said Pecan Grove Phase i; North 21 degrees 40 minutes 28 seconds East, 47.21 feet at the south corner of Lot 23, Block B of sold Pecan Grove Phase 1; North 28 degrees 11 minutes 39 seconds East, 47.19 feet at the south corner of Lot 22, Block B of said Pecan Grove Phase 1; North 34 degrees 42 minutes 43 seconds East, 47.18 feet at the south corner of Lot 21, Block B of said Pecan Grove Phase 1; North 41 degrees 13 minutes 49 seconds East, 47.20 feet at the south corner of Lot 20, Block B of said Pecan Grove Phase 1; North 47 degrees 44 minutes 57 seconds East, 47.19 feet to the POINT OF BEGINNING and containing 16,117 square feet or 0.370 acres of land. O Z. � DAN B. R EY DAN B. RAMSEY R.P.L.S. 4172 %-o `4172 "-1 OCTOBE 19, 2015 �9`�°Fo�Po� Np SURN � TOPE No.F-439 TOPLS No.10076000 DATEPRAWN PROJECT 16301 QUORUM DRIVE, SUITL21010B 10-19-15MDD HOE256 ADDISON, TEXAS 750 XHOE266—Esmt DR4 Drowin9:H:\P(OfeCt0,K0E266—Pecon Orovo\dwg\IIH0E266—ES9T DR-4.dwg Saved By. mdo%ddson Sow Tlmo: 10f19/2D15 2:50 PM Plotted by.md.vlft-Plot Dote: 10/19/2015 2:50 PU EXHIBIT 20' DRAINAGE EASEMENT PAGE 3 OF 3 19 18 ECAN GR E HAS 1 2O s/s"IRF VOL. PG. 555 P.0.B `�N -- - 12 11 21 0 (CALLED 0.267 ACRES) �C/MjIRF 10 / FOSTER CROSSING, LTD. 22 VOL. 5499, PG. 2057 ti`L �' LINE TABLE LINE I BEARING DISTANCE L1 N51'45'32"E 22.96' L2 SOO'27'03"W 25.62' 23 tyy~ L3 551'45'32"W 6.24' /v L4 S47'44'57"W 45.35' Q�Q 24. � � L5 S41*13'49"W 44.92' L6 S34'4243"W 44.90' v /1110 L7 S28'1 1'39"W 44.91' 0 p L8 S21'40'28"W 44.93' 25© N L9 S15'09'06"W 44.95' N -j �-r L10 SOS'37'51"W 44.93' 1-- 00 (X LU L11 S02'1 8'06"W 46.57' Z -4- in 811w 26 "� o L12 SOO'32'18"W 115.70' 2 Q z� � L13 S29'27'51"E 68.45' o C) - a. � 20 DRAINAGE vaj w EASEMENT L14 SOS'58'50"E 33.10' -j t" Q ~' o° ro 16,117 S.F. L15 S01'02'16"E 111.04' LO cd 270.370 ACRES L16 S88'13'21"W 3.02' LL L17 NOO'32'18'E 20.02' U y L18 N88'13'21"E 2.33' ( ALLED 2.536 ACRES) L19 N01'02'16"W 109.81' 28 F STER CROSSING, LTD. O o L20 N08'58'50"W 28.09' OZ VbL. 5499, PG. 2057 L21 N29'27'50"W 64.84' a {_� L22 NOO'32'18"E 118.87' p 29 { L23 NO2'18'06"E 47.98' O { L24 NOS'37'51"E 47.18' L25 N15'09'06"E 47.23' R L26 N21'40'28"E 47.21' 30 L27 N28'11'39"E 47.19' L28 N34'42'43"E 47.18' L29 N41*13'49"E 47.20' LUSCOMBE LANE: 1-30 1 N4744'57"E 47.19' (50' RIGHT-OF-WAY) o� P CURVE TABLE NO. DELTA RADIUS I LENGTH I TANGENT I CHORD BEARING CHORD C1 12'14'50" 52.50' 11.22' 5.63' S2320'17E 1120' C2 89'02'40" 60.94' 94.70' 59.93' 43' 9'03"W 85.45' 1 2 �{ {j C3 89'0 '40" 40.94' 63.62' 40.26 1 N43'29'03"E 57.41' �{ {� 04 14'5435" 72.50' 1$.$T 9.49' N22'00'24"W 18.81' . OE II � COMMON L18 LEGEND AREA N0. 2 G�ti�� POB POINT OF BEGINNING POC POINT OF COMMENCING 'L16 CM-CONTROLLING MONUMENT COUNTY ROAD #366 IRF IRON ROD FOUND (VARIABLE WIDTH RIGHT-OF-WAY) NOTE ALL CORNERS SHOWN HEREON ARE ( IN FEET ) 60 PENNY NAILS SET UNLESS NOTED OTHERWISE. 1 inch 100 ft. TOPE No,P438 TBPLS No.100700a0 SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008 1"=100' 10-19-15 MDD HOE286 ADDISON, TEXAS 75001 BI I XHOE266-Esmt DR4 Drowing: H:\Projects\H0E266-Pecan Grave\dwg\XH0E266-ESMT DR-4.dwg Saved By.mdavidsan Sava The;10/18/2015 2:50 PM Platted by.mdoddson Plo Date: 10/19/2016 250 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five—eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, on addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 60 penny nail set at the southwest corner of a said 0.267 acre tract of land, said point being the northeast corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd, as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being at the POINT OF BEGINNING of this easement; THENCE along the northwest line of said 0.267 acre tract of land as follows. North 56 degrees 38 minutes 09 seconds East, 24.36 feet at the south corner of Lot 18, Block B of sold Pecan Grove Phase 1; l North 57 degrees 17 minutes 41 seconds East, 100.00 feet at the south corner of Lot 16, Block B of said Pecan Grove Phase 1; North 62 degrees 48 minutes 31 seconds East, 50.23 feet at the north corner of said 0.267 acre tract of land, said point being south corner of Lot 15, Block B of said Pecan Grove Phase 1 THENCE along the northeast corner of said 0.267 acre tract of land as follows: South 46 degrees 33 minutes 11 seconds East, 64.59 feet to the southeast corner of Lot 14, Block B of said Pecan Grove Phase 1; South 52 degrees 20 minutes 16 seconds East, 64.59 feet to the southeast corner of Lot 13, Block B of said Pecan Grove Phase 1; South 58 degrees 07 minutes 21 seconds East, 12.52 feet to a 60 penny nail set at the southeast corner line of said 0.267 acre tract of land, said point being in the south line of Lot 12, Block B of said Pecan Grove Phase 1; THENCE North 89 degrees 58 minutes 29 seconds West, 34.82 feet along the south line of said 0.267 acre tract of land to a 60 penny nail set for corner; THENCE North 52 degrees 20 minutes 16 seconds West, 50.49 feet to a 60 penny nail set for corner; THENCE Northwesterly, 75.42 feet along a curve to the left having a central angle of 66 degrees 44 minutes 18 seconds, a radius of 64.75 feet, a tangent of 42.64 feet, and whose chord bears North 74 degrees 15 minutes 14 seconds West, 71.23 feet to a 60 penny nail set for corner; THENCE South 57 degrees 17 minutes 41 seconds West, 97.71 feet to a 60 penny nail set for corner in the south line of said 0.267 acre tract of land; THENCE North 89 degrees 58 minutes 29 seconds West, 36.47 feet along the south line of said 0.267 acre tract of land to the POINT OF BEGINNING and containing 5,786 square feet or 0.133 acres of land. A .bF..TF '�P•'EG15TEh,�'•� ................................ DAN B. VEY DAN BRAMSEYR.Pl S. 4172 4172 OCTOBER 19, 2015 TOPE No.F-038 TOPLS No.16076060 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200BLi 10-19-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266--Esmt DR3I _ �w Drawing: N:\P'vjycts\1iOE266—Pecon 0rove\dw9\XHDE266—ESMT DF-3.dwq Saved By.mdovldson Sovo Time. 10/19/2015 9:4$AM Plotted by.mdwids-Plot Dot.. 10/19/201$2:53 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 2 OF 2 E PE AN GROVE PHASE 1 L. Q, PG. 555 1517 14 19 18 Cl P.O.B. -1,10 12 12 20 ,� �� /20' DRAINAGE �> 11 O 5/8-IRF L11 EASEMENT L8 s2 3/8"IRF 10 B G JO 21 (CM) 5,33 ACRES 9 8 786 S.F. d�' (CM) 0.1 P.O.C. ECVOL.G , PG.VE P55 HA 1 7 (CALLED 0,267 ACRES) 22 FOSTER CROSSING, LTD. 5/8"IRF VOL. 5499, PG. 2057 (cm) 23 LINE TABLE LINE _BEARING DISTANCE L1 N51.4532"E 22.96' LUSCOMBE FAMILY TRUST L2 N56'38'09"E 24.36' DOC. NO. 20110527000548820 L3 N57'17'41"E 100.00' L4 N62'48'31"E 50.23' L5 S46'33'11"E 64.59' L6 S52'20'16"E 64.59' L7 S58'07'21"E 12.52' L8 N89'58'29"W 34.82' L9 N52'20'16"W 50.49' L10 S57"17'41"W 92.71' L11 N69'58'29"W 36.47' (CALLED 2.536 ACRES) CURVE TABLE FOSTER CROSSING, LTD. VOL. 5499, PG, 2057 NO. DELTA RADIUS I LENGTH TANGENT CHORD BEARING CHORD C7 6S"44'18" 64.75' 75.42' 42.64' N74'15'14"W 71.23' NOTE N ALL CORNERS SHOWN HEREON ARE 60 PENNY NAILS SET UNLESS NOTED OTHERWISE. LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCING ( IN FEET ) CM—CONTROLLING MONUMENT 1 inch = 100 ft. IRF IRON ROD FOUND TB E No.F-439 TB LS No.100T6d00 SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008 p 1"=100' 10-19-15 MDD HOE266 ADDISON, TEXAS 75001 am XHOE266-Esmt DR-31 Drowiag:H:\Projects\HOE266 Peams Grove\dwg\iW0E268--ESMT OR-3.dwg Sawd 8y.mdovidson Save Time:10/19/2015 9:45 AM Plotted by.mdmidw Plot Veto: 10/19/2015 Z54 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five—eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 60 penny nail set at the north corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the southwest corner of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the POINT OF BEGINNING of this easement; THENCE South 89 degrees 58 minutes 29 seconds East, 36.47 feet along the south line of said 0.267 acre tract of land to a 60 penny nail set for corner; THENCE South 56 degrees 43 minutes 45 seconds West, 43.85 feet to a 60 penny nail set for corner in the east line of said 2.536 acre tract of land; THENCE North 00 degrees 27 minutes 03 seconds East, 24.07 feet along the east line of said of 2.536 acre tract of land to the POINT OF BEGINNING and containing 439 square feet or 0.010 acres of land. �P tic0 o DAN B. RAM SEY DAN B. R EY `.,0 4172 R,P.L.S. 4172 �9; 0!cES5���0� OCTOBE 16, 2015 D SUR TOPE No,F-458 TOPL$Na.10076000 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200E �� �� , 10-16-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt DR1 Drawing H:\P(o*ta\H0E266—Pecan Orova\dwg\XH0E266—E5MT Oft—t.deg Saved by.mdWdaoa Sow Ti..10/16/2015 1132 PM Plotted by. mdavidson Piot Dote:10/16/2015 1;34 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 2 OF 2 15 01 G�Q PEC N GROVE PH 1 y �� ,O V . Q, PG. 5 T� 0 err" 17 16 14 \'� 19 18 © 13 �•.�. PECAN OVE PH E 1 P.O.B. CALLED 0.267 ACRES VO Q, PG. 5 5 FOSTER CROSSING, LTD. 12 20 L2 VOL. 5499, PG. 2057 11 5j8"IRE� /� 10 21 (CM) -' ti� 20' DRAINAGE EASEMENT 9 g 7 <u P.O.0 439 S.F. 0.010 ACRES 22 3 ¢4' _ LINE_ TABLE_ LINE BEARING DISTANCE L1 N51'45'32"E 22.96' L2 S89'58'29"E 36.47' L3 S56'43'45"W 43.85' L4 NOO'27'03"E 24.07' (CALLED 2.536 ACRES) LUSCOMBE FAMILY TRUST FOSTER CROSSING, LTD. DOC. NO. 20110527000548820 VOL. 5499, PG. 2057 NOTE N ALL CORNERS SHOWN HEREON ARE 60 PENNY NAILS SET UNLESS NOTED OTHERWISE. LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCING ( IN FEET } CM—CONTROLLING MONUMENT 1 inch = 100 ft. IRF IRON ROD FOUND TSPS No F438 TOM No.10076M SCALE, DATE DRAWN PROJECT 16301 QUORUM DRIVE. SUITE 200B 1"=100' 10-16-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt OR1 Drowfig; N:\Projects\H0E266—Peton Grove\dwg\XHOE260—ESM7 09-1.dwg Saved Sy: mdovtdson Save Tkne:10/16/2015 12:31 PM Plotted by.mdovtdso"Plot Dotx 10/16/2015 12:32 PM EXHIBIT 30' TEMPORARY CONSTRUCTION EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five—eighths inch iron rod found at the south corner of Lot 19, Block B of said Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet Q, Page 555, Collin County Plat Records; THENCE North 51 degrees 45 seconds 32 minutes East, 22.96 feet to a 60 penny nail set for corner at the north corner of a called 2.536 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas, said point being the southwest corner of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd, as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 89 degrees 58 minutes 29 seconds East, 36.47 feet along the south line of said 0.267 acre tract of land to a 60 penny nail set at the POINT OF BEGINNING of this easement; THENCE South 89 degrees 58 minutes 29 seconds East, 54.65 feet along the south line of said 0.267 acre tract of land a point for corner; THENCE South 56 degrees 43 minutes 45 seconds West, 109.55 feet to a point for corner in the east line of said 2.536 acre tract of land; THENCE North 00 degrees 27 minutes 03 seconds East, 36.07 feet along the east line of said of 2.536 acre tract of land to a 60 penny nail set for corner; THENCE North 56 degrees 43 minutes 45 seconds East, 43.85 feet to the POINT OF BEGINNING and containing 2,301 square feet or 0.053 acres of land. k*P.��cp ego'�9S ........I...................... d DAN B. RAMSEY DAN B. SEY %­o 4172 R.P.L.S. 0. 4172 �1 FESS\� OCTOB16, 2015 TSPE No,F-038 TSPLS M.10676680 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008 XHOE266—Esmt TEMPS 10-16-15 MDD HOE266 ADDISON, TEXAS 75001 Drawing: H:\Projeetw\H0E266 Pecan 6rove\dwg\XH0U66—ESMT TEMP—t.dwg Saved By.mdavideon Sono Time: 10/16/2016 12:46 PM Plotted fiy. mdoidaon PW Oota 10/16/2015 1:27 PM l J EXHIBIT 30' TEMPORARY CONSTRUCTION EASEMENT PAGE 2 OF 2 e � 15 i�P PEC N GROVE PH 1 Cj� SOF V . Q, PG. 5 17 16 0 14ox" 19 18 B 13 ` P,0, PECAN OVE PH E 1 CALLED 0,267 ACRES VO . Q, PG. 5 5 FOSTER CROSSING, LTD. 12 20 2 VOL. 5499, PG. 2057 11 5/81RF L% L3 1 21 (CM) /," 30' TEMPORARY N �,N CONSTRUCTION 9 8 7 P P 0 EASEMENT 2,301 S.F. 22 0.053 ACRES 3 Qw LINE TABLE _ LINE BEARING DISTANCE L1 S51445'32"W 22.96' L3 S89'58'29"E 54.65' L4 S56'43'45"W 109,55' L5 N00'27'03"E 36.07' L6 N56'43'45"E 43.85' (CALLED 2.536 ACRES) LUSCOMBE FAMILY TRUST FOSTER CROSSING, LTD. DOC. NO. 20110527000548820 VOL. 5499, PG. 2057 N LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCING ( IN FEET ) CM-CONTROLLING MONUMENT 1 inch = 100 ft. IRF IRON ROD FOUND TOPE No.F-438 TBPLS'No.10076000 SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008 1"=100' 10-15-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt Tempt Drowing.H!\Prajeets\40E266--Paann Graw\dwg\XH0E266—ESM7 TEMP—t.dwg Saved 6y,mdavidson Save Tame:10/16/2015 12.46 PM Platted by.mdoridson Plo Date:10/16/20151:23 PM EXHIBIT 20' DRAINAGE EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: BEGINNING at a five—eighths inch capped iron rod found at the southeast corner of Lot 8, Block B and the southwest corner of Lot 7, Block B of the Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet 0, Page 555, Collin County Plat Records; THENCE South 08 degrees 44 minutes 21 seconds West, 20.00 feet to a 60 penny nail set for corner; THENCE North 81 degrees 15 minutes 39 seconds West, 65.60 feet to 60 penny nail set for corner; THENCE North 75 degrees 28 minutes 34 seconds West, 66.61 feet to a 60 penny nail set for corner; THENCE North 69 degrees 41 minutes 30 seconds West, 66.61 feet to a 60 penny nail set for corner; i THENCE North 63 degrees 54 minutes 25 seconds West, 66.61 feet to a 60 penny nail set for corner; ! THENCE North 58 degrees 07 minutes 21 seconds West, 66,61 feet to a 60 penny nail set for corner; THENCE North 52 degrees 20 minutes 16 seconds West, 16.12 feet to a 60 penny nail set for corner in the south line of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 89 degrees 58 minutes 29 seconds East, 34.82 feet to. a 60 penny nail for corner in the southwest line of sold Pecan Grove Phase 1; THENCE South 58 degrees 07 minutes 21 seconds East, 52.07 feet to a three—eighths inch iron rod found at the southeast corner of said Lot 12; THENCE South 63 degrees 54 minutes 25 seconds East, 64.59 feet to the southeast corner of Lot 11, Block B of said Pecan Grove Phase 1; THENCE South 69 degrees 41 minutes 30 seconds East, 64.59 feet to the southeast corner of Lot 10, Block B of said Pecan Grove Phase 1; THENCE South 75 degrees 28 minutes 34 seconds East, 64.59 feet to the southeast corner of Lot 9, Block B of said Pecan Grove Phase 1; THENCE South 81 degrees 15 minutes 39 seconds East, 64.59 feet along the south line of said Lot 8 to the POINT OF BEGINNING and containing 6,596 square feet or 0.151 acres of land. OF F -q o' .,s ....:....................I...... DAN B. SEy DAN B. RAMSEY R.P.L.S. 4172 , 4172 OCTOBE 16, 2015 �: o Pte; �SS�� D SSR,, TSPE No.P-038 TBPLS No,10076000 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B AE1 10-16-15 MDD HOE266 ADDiSON. TEXAS 7500114 XHOE266—Esmt DR2 Drowingc H:\Projeois\H0E266—P—on Drove\4w9\XH0E266—ESMT DR-2.dw0 Saved By.mdomson Sova Time!10/16/2015 1:37 PM Plotted by.md.,idson Plot Dole:10/16/2015 1:37 PM { EXHIBIT 20' DRAINAGE EASEMENT PAGE 2 OF 2 r � 15 GAO/OFA PE V�,.GQOPG. PH 5 17 16 14 -9 15 60� 19 PECAN OVE PH E 1 CALLED 0.267 ACRES VO , Q, PG. 5 5 ZP FOSTER CROSSING, LTD. 12 O 20 yh VOL. 5499, PG. 2057 L8 11 B O�G' �� �9 3/8"CRF 10 Q "I (CM) 2� ' 46-, 4�0 9 8 7 Q 20' DRAINAGES L77 P. B.22 EASEMENT --e- 1,12 5/8-IRF 6,596 S.F. L13 (cm) 0.151 ACRESt3—s_ --C2— J L2 LUSCOMBE FAMILY TRUST DOC. NO. 20110527000548820 LINE TABLE _ LINE BEARING DISTANCE L1 S08'44'21"W 20.00' L2 N81*15'39"W 65.60' L3 N75'28'34"W 66.61' L4 N69'41'30W 66.61' L5 N63'54'25"W 66.61' L6 N58'07'21"W 66.61' L7 N52'20'16'W 16.12' L8 S89'58'29E 34.82' L9 S58'07'21"E 52.07' (CALLED 2.536 ACRES) 1-10 S63.54'25"E 64.59' FOSTER CROSSING, LTD, L11 S69`41'30"E 64.59' VOL. 5499, PG. 2057 L12 S75'28'34'E 64.59' III L13 S$1'15'39"E 64.59' OTE N ALL CORNERS SHOWN HEREON ARE 60 PENNY NAILS SET UNLESS NOTED OTHERWISE. 1 LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCING ( IN FEET ) CM-CONTROLLING MONUMENT 1 inch = 100 ft. IRF IRON ROD FOUND 'WE No.1`438 TSPCS No.IMM SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008 1"=100` 10-16-15 MPD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt DR2 browing:N:\Projsaks\NDE266—Pom Grove\dwq\XH0E260-ESMT DR^2.dwg Soved By.mdovidson Sous%me;10/16/2015 12:04 PM Plotted by.mdmidson I'll o Doty.10/16/2015 1:36 Phi EXHIBIT 30' TEMPORARY CONSTRUCTION EASEMENT PAGE 1 OF 2 LEGAL DESCRIPTION BEING a parcel of land located in the City of Anna, Collin County, Texas, a part of the Ezra Shelby Survey, Abstract Number 839, and being a part of that tract of land described in a correction special warranty deed to Johnnie Carol Luscombe, Trustee of The Luscombe Family Trust and the Trust B Credit Shelter Trust, under the Luscombe Family Trust Agreement dated February 3, 1998 as recorded in Document Number 20110527000548820, Official Public Records of Collin County, Texas, and being further described as follows: COMMENCING at a five—eighths inch capped iron rod found at the southeast corner of Lot 8, Block B and the southwest corner of Lot 7, Block B of the Pecan Grove Phase 1, an addition to the City of Anna, Collin County as recorded in Cabinet 0, Page 555, Collin County Plat Records; THENCE South 08 degrees 44 minutes 21 seconds West, 20.00 feet to a 60 penny nail set at the POINT OF BEGINNING of this easement; THENCE South 08 degrees 44 minutes 21 seconds West, 30.00 feet to a point for corner; THENCE North 81 degrees 15 minutes 39 seconds West, 67.12 feet to a point for corner; THENCE North 75 degrees 28 minutes 34 seconds West, 69.64 feet to a point for corner; THENCE North 69 degrees 41 minutes 30 seconds West, 69.64 feet to a point for corner; THENCE North 63 degrees 54 minutes 25 seconds West, 69.64 feet to a point for corner; THENCE North 58 degrees 07 minutes 21 seconds West, 69.64 feet to a point for corner; THENCE North 52 degrees 20 minutes 16 seconds West, 56.54 feet to a point for corner in the south line of a called 0.267 acre tract of land described in a special warranty deed to Foster Crossing, Ltd. as recorded in Volume 5499, Page 2057, Official Public Records of Collin County, Texas; THENCE South 89 degrees 58 minutes 29 seconds East, 49.13 feet to a 60 penny nail set for corner in the south line of said 0.267 acre tract of land; THENCE South 52 degrees 20 minutes 16 seconds East, 16.12 feet to a 60 penny nail set for corner; THENCE South 58 degrees 07 minutes 21 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 63 degrees 54 minutes 25 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 69 degrees 41 minutes 30 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 75 degrees 28 minutes 34 seconds East, 66.61 feet to a 60 penny nail set for corner; THENCE South 81 degrees 15 minutes 39 seconds East, 65.60 feet to the POINT OF BEGINNING and containing 11,256 square feet or 0.258 acres of Sand. P�R ao��9,� ............................. DAN B. SEY DAN B. RAMSEY R.P.L.S 0. 4172 ................ OCTOB R 16, 2015 �''°�A 4172 �& SURV TOPE No.F73B TSPLS No.10076000 DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 200B �13 10 16-15 MDD HOE266 ADDISON, TEXAS 75001 XHOE266—Esmt TEMP2 browing H:\P1.jects\HDE266—Pecaa Grove\dr9\XH0E266—E5MT TEMP-2.&q Soved Oy. md-W.-Save Time: 10/16/2D15 7:20 PM PFottad by and-idson Plot Dot.10/16/2015 1:29 PM EXHIBIT 30' TEMPORARY CONSTRUCTION EASEMENT PAGE 2 OF 2 15 GROVE Po,'pirG�� GRD/O�i PE V L. Q, PG. 5 1 F.C; 17 16 14 19 18 © 13 ` PECAN OVE PH E 1 411 CALLED 0,267 ACRES VO . Q, PG. 5 5 -. 4 FOSTER CROSSING, LTD. 12 20 �hh VOL. 5499, PG. 2057 L9 11 3I8IRF 10 21 �Q. C�\ \�\ (CM) 9 30' TEMPORARY �� �<� �r P.O.C. 5,8„IRF 22 CONSTRUC710N EASEMENT \ 3 (CM1 11,256 S.F. ___!!! (g�� �-C14 0.258 ACRES L16 LUSCOMBE FAMILY TRUST L4 "e— DOC. NO, 20110527000548820 L3 P.O.B. LINE TABLE LINE BEARING DISTANCE L1 50844'21"W 20.00' L2 S08'4421"W 30.00' L3 N81°15'39"W 67,12' 1-4 N7528'34"W 69.64' L5 N69'41'30"W 69.64' L6 N63'54'25"W 69.64' L7 N58'07'21"W 69.64' 1-8 N52'20'1 6"W 56.54' L9 S89'58'29"E 49.13' (CALLED 2.536 ACRES) L10 S52"20'16"E 16.12' FOSTER CROSSING, LTD. L11 S58'07'21"E 66.61' VOL. 5499, PG. 2057 L12 S63'5425"E 66.61' L13 S69'4-1'30"E 66.61' L14 S75'28'34'E 66.61' L15 S81'15'39"E 65.64' LEGEND POB POINT OF BEGINNING POC POINT OF COMMENCING t IN FEET ) CM—CONTROLLING MONUMENT 1 Inch = 100 ft. IRF IRON ROD FOUND TBPEND.F-08 TBPLS Wo,18076000 SCALE: DATE DRAWN PROJECT 16301 QUORUM DRIVE, SUITE 2008 Bf 1"=100' 10-16--15 MDD HOF256 ADDISON, TEXAS 75001 XHOE266—Esmt TEMP I i-0 Drowtng:N:\Prolocfa\Rd0E266—Pecan Grove\dwg\XH0E266—ESMT TEMP—a.dwg Saved By. mdaAdson Save Time:10/113/20151.-20 PM Plotted by,mdaNd4on Piot Date:10/16/90151.,29 Phi