Loading...
HomeMy WebLinkAboutRes 2017-02-283 SIA LGI Homes Northpointe II-IVCITY OF ANNA, TEXAS 2017-02-283 RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH LGI HOMES -TEXAS LLC FOR NORTHPOINTE CROSSING, PHASES II -IV. WHEREAS, LGI Homes -Texas LLC (the Owner) owns and desires to develop a parcel of property composed of approximately 113.7 acres of land located entirely within the corporate limits of the City of Anna, Texas (the City); and, WHEREAS, the Owner has agreed to construct certain water facilities in connection with development of the property; and, WHEREAS the Owner has requested water impact fee credits for the construction of said water facilities; 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 Subdivision Improvement Agreement The City Council hereby approves the Subdivision Improvement Agreement for Northpointe Crossing Phases ll -IV, attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 141h day of February, 2017, ATTEST: L, Smith, :M X A'S D: 1� 2017-02-283 SUBDIVISION IMPROVEMENT AGREEMENT NORTH POINTE CROSSING PHASES IMV This Subdivision Improvement Agreement (this "Agreement") is entered Into between the City of Anna, Texas (the "City") and LGI Homes -Texas LLC, (collectively, "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 approximately 113.7 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; dnd, WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and, 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 with respect to this Agreement If the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. Development means the new development on the Property that is the subject of this Agreement. Easement Acquisition Cost, with respect to the Water Facilities, means the dollar amount actually paid for all of the third -party easement acquisition costs which shall be shall be limited to the SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES 11 -IV— Page 1 fair -market value of any third party easement acquired for the Water Facilities, plus any damages to the remainder, all as determined by a Licensed Appraiser selected by the City, and Eminent Domain Fees as said fees are hereinafter defined. Easement Acquisition Cost does not Include the value of property/easement dedications by Owner that are located within the Property and that are necessary for access, maintenance, repair, or removal of any of the Water Facilities. Estimated Construction Cost, with respect to the engineering, design, and construction of the Water Facilities, means $606,559, Final Construction Cost, with respect to the Water Facilities, means the dollar amount actually paid for the engineering, design, and construction of the Water Facilities at the time of full and final completion, dedication and acceptance the Water Facilities. Final Credit Amount, with respect to the Water Facilities, means a dollar amount equal to the Estimated Construction Cost plus the Easement Acquisition Cost, or the Final Construction Cost plus the Easement Acquisition Cost, whichever is less. Water Facilities mean the CR 1106 Water Main Extension to be constructed by Owner as described and depicted in Exhibit B, attached hereto, and in accordance with design/construction plans to be approved by the City. SECTION 3 GENERAL PROVISIONS, (a) Documentation of Actual Amount Paid. Once Owner fully completes the Water Facilities, and before the City has accepted such Water Facilities after Inspection, Owner shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the Actual Amount Paid. (b) Maintenance Bond. For each construction contract for any part of the Water Facilities, 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 Water Facilities, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Water Facilities constructed under such contract. (c) Public Improvements, Generally. Except as otherwise expressly provided for in this Agreement, Owner shall provide all public Improvements, Including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other public improvements required to serve the Property, 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 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 SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II•IV — Page 2 City's engineer or his or her agent prior to filing of a Final Plat. Construction of such 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. (d) Acceptance of Water Facilities and Owner's Remedy. It shall not be a breach or violation of the Agreement if the City withholds City water service that it is otherwise obligated to provide to the portion of the Property governed under this Agreement until all required Water Facilities are properly constructed according to the approved engineering plans and City Regulations, and until such Water Facilities are dedicated to and accepted by the City. From and afterthe inspection and acceptance by the City of the Water Facilities and any other dedications required under this Agreement, such 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. (e) 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'deslgn 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. (f) Insurance. Owner or Its contractor(s) shall acquire and maintain, during the period of time when any of the Water Facilities are under construction (and until the full and final completion of the Water Facilities and acceptance thereof by the City: (a) workers compensation Insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any Indemniflcatlon provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such Insurance shall also cover any and all claims which rnight arise out of the Water Facilities construction contracts, whether by Owner, a contractor, subcontractor, materialman, or otherwise. Coverage must be on an "per occurrence" basis, All such Insurance shall: (1) 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, SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES 114V— Page 3 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. (g) Indemnification and Hold Harmless, OWNER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES FROM AND AGAINSTANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION DEATH TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH DIRECTLY OR INDIRECTLY THE NEGLIGENT OR OTHERWISE WRONGFULACTS OR OMISSIONS OF OWNER ITS AGENTS SERVANTS CONTRACTORS SUBCONTRACTORS MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE WATER FACILITIES, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE OWNER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER FACILITIES THAT ARE THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND OWNER. OWNER FURTHER COVENANTS AND AGREES TO INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS; (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON 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. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, OWNER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE OR GROSS NEGLIGENCE. (h) Eminent Domainowner agrees to use reasonable efforts to obtain all thlyd-party rights-of- way, consents, or easements, If any, required for the Water Facllitles. If, however, Owner Is unable to obtain such third -party rights-of-way, consents, or easements within ninety (90) days of commencing efforts to obtain the needed easements and right of way, the City agrees to take reasonable steps to secure same (subject to City Council authorization after a finding of public necessity) through the use of the City's power of eminent domain. Owner shall be responsible for funding all reasonable and necessary legal proceeding/litigation costs, attorney's fees and related expenses, and appraiser and expert witness fees (collectively, "Eminent Domain Fees") paid or Incurred by the City In the exercise of Its eminent domain powers and shall escrow with a mutually agreed upon SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II-IV—Page 4 escrow agent the.City's reasonably estimated Eminent Domain Fees both in advance of the Initiations of each eminent domain proceeding and as funds are needed by the City. Provided that the escrow fund remains appropriately funded in accordance with this Agreement, the City will use all reasonable efforts to expedite such condemnation procedures so that the Water Facilities can be constructed as soon as reasonably possible. If the City's Eminent Domain Fees exceed the amount of escrowed funds, Owner shall deposit additional funds as requested by the City Into the escrow account within ten (10) days after written notice from the City. Any unused escrow funds will be refunded to Owner with ten (10) days after any condemnation award or settlement becomes final and non -appealable. Nothing in this subsection (h) is Intended to constitute a delegation of the police powers or governmental authority of the City, and the City reserves the right, at all times, to control its proceedings in eminent domain. SECTION 4 WATER FACILITIES (a) Owner Obligations. (1) Owner Is responsible for funding and construction of all public Improvements required by City Regulations to serve the Property, including but not limited to the Water Facilities. (2) Owner agrees to complete Ina good and workmanlike manner construction of the Water Facilities prior to the date a final plat for any portion of the Property Included In Northpointe Crossing, Phase III or Phase IV further described In Exhibit C, is officially recorded In the Land Recordings with the Collin County Clerk's Office. (b) City obligations (1) The Final Credit Amount shall be a credit against water Impact fees otherwise due to the City from the Development of the Property. The water Impact fee credit for the construction of the Water Facilities shall be redeemed at the time of issuance of building permits, and such redemption shall apply to the full amount of the water Impact fees that would otherwise be collected until the water Impact fee credit authorized by this Agreement has been exhausted, (2) Notwithstanding Section 4(b)(1) above, the water Impact fee credit for construction of the Water Facilities shall not exceed the total amount of water Impact fees due from Development of the Property. (3) Notwithstanding Section 4(b)(1) above, the water impact fee credit authorized by this Agreement shall expire on September 30 in the fifteenth year following the date the Water Facilities are complete and formally accepted by the City. SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II-IV—Page 5 (4) The City shall have the right to collect water impact fees due from the Development of the Property after the credit authorized by this Agreement has been exhausted or after the credit expires, whichever occurs first. 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 Owner has duly executed same. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of 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 (1) not be binding on the owner of any residence that Is purchased by such owner from a homebuilder, and (il) 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 actor 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 7(b) that such Assignee falls 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 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. SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES 114V—Page 6 (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 Ilabilitythat 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 S 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 If to Owner: LGI Homes Group, LLC Attn: Jack Lipar 1450 Lake Robbins Drive; Suite 430 The Woodlands, TX 77380 SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV— Page 7 (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 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 Iles Ina 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) 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. (j) 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. (k) 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. (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, NORTHPOINTE CROSSING PHASES II•IV--Page 8 OWNER LGI Homes -Texas LLC, a Texas Limited Liability Company By: LGI HOMES, INC., a _eco ration, Its owner/manager By: Name:, Title: l/c2 pcsi,✓i�n,_�/ IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF 4 § Before me, the undersigned notary public, on theF day of �u 2017, personally appeared Michael Snider, known to me (or proved to me) to be the p rson whose name Is subscribed to the foregoing Instrument, and acknowledged to me that he or she executed the same In his or her capacity as Authorized Signatory of LGI Homes, Inc. on behalf of LGI Home -Texas LLC, ! n C� 1 Notary Publi State of Texas �o f�hp REGINA ELLIOTT Notary Pubilo, State of taxes 1 Comm, Expires 01H5.2020 Noter ib 10535310 SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV— Page 9 CITY OF ANNA r' IN WITNESS STATE OF TEXAS COUNTY OF § rE , z Before me, the undersigned notary public, on the �day of . r ` ' 2017, ` 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, �*":•.".�a-, CABBIE L. SMITH Notary Public, State of Texas �,My Commission Expires y; Notary Public, State of Texas • `r,c January 21, 2019 SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II -IV — Page 10 ATTACHMENTS Exhibit A —The Property (legal description and drawing) Exhibit B — Water Facilities Exhibit C—Northpointe Crossing, Phases III and IV SUBDIVISION IMPROVEMENT AGREEMENT, NORTHPOINTE CROSSING PHASES II•IV— Page 11 • LUui LU . �� ir111uw 11 u ■ rnunnumuni� � u un- • Lu �- ��, !i :/ 1 �� ���-\�\11111111 E_ o e p /►tee �_ • IL �� I/1►�1� p I �p.�. �Ui��llll it i i C'.'! ��� Cp��pr .w www �-♦ ♦GGGi -.f •• �--'~�---w .mow r.. GGGG�ii IGS - wr�l • Galu a mnluumuum G�� `I/►�0���0 w • ,�pprp11111� w �� ::/111111111 LL z Lu— LU Q. ka I■ ��:pp111111111/C I� • I a= '' A EXHIBITA Being a 113,68 acre tract of land situated in the SAMUEL MOORE SURVEY, ABSTRACT NO. 627, Collin County, Texas, and the ROBERT WHITAKER SURVEY, ABSTRACT NO. 1011, Collin County, Texas and being portion of that called 188.971 acre tract described In Deed dated May 16,1973, from L.L. Leslie, Karl Leslie, BIIIIe Stimson DeArman and husband, Wilson I. DeArman to Kerry E. Burleson and Kenneth S. Burleson as recorded In Volume 866, Page 810, of the Deed Records of Collin County, Texas, same being that certain tract of land to UDF Northpolnte II LP, by deed recorded in Instrument 20090608000700660, said Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a %-Inch Iron rod found for the most westerly southwest corner of Northpointe Crossing, Phase I North, an addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Volume 2006, Page 819, of the Plat Records of Collin County, Texas, same being on the west line of said called 188,971 acre tract of land, same being on the east line of that certain called 34.81 acre tract of land to Milton Lentz, by deed recorded in Volume 798, Page 269, of said Deed Records; THENCE along the south line of said Northpolnte Crossing, Phase I North, and through the Interior of said called 188,971 acre tract as follows: South 870 04' 11" East, a distance of 764.83 feet to a'/ Inch Iron rod found for corner; South 07° 06'32" West, a distance of 290.77 feet to a Y -Inch Iron rod found for corner; South 870 04' 11" East, a distance of 190.60 feet to a''/ -Inch Iron rod found for corner; South 660 15' 43" East, a distance of 67.20 feet to a %-inch Iron rod found for corner; South 63° 46' 14" East, a distance of 120.48 feet to a'/ -Inch Iron rod found for corner; South 36" 50' 36" East, a distance of 60.82 feet to a% -Inch iron rod found for corner; South 34° 32' 22" East, a distance of 172.77 feet to a''Yz Inch Iron rod set for corner, said point being the beginning of a curve to the right having a radius of 155,00 feet, and a delta angle of 370 36'34"; Along said curve to the right, an arc distance of 101,70 feet, and a chord bearing and distance of South 15° 44'34" East, 99.88 feet to a %-Inch Iron rod set for corner; South 030 03' 12" West, a distance of 19.96 feet to a'/ranch iron rod set for corner; South 860 56' 47" East, a distance of 170,00 feet to a'/cinch Iron rod set for corner; South 03° 03' 12" West, a distance of 61.22 feet to a'/a-Inch Iron rod set for corner; North 85° 37' 36" East, a distance of 121.02 feet to a 1/z -Inch Iron rod set for corner; South 030 03' 12" West, a distance of 100.85 feet to a 1/ -Inch Iron rod set for corner; North 860 37' 36" East, a distance of 156,60 feet to a 1/a -Inch Iron rod set for corner, said point being the southeast corner of said Northpointe Crossing, Phase I North, same being on the east line of said called 188.971 acre tract, same being on the west line of the Collin County Estates, an unrecorded addition; THENCE South 02° 47'34" West, along the common line of said called 188.971 acre tract, and said unrecorded Collin County Estates, passing at a distance of 1164,39 feet a'/< -Inch Iron rod found, and continuing a total distance of 1750.78 feet to a 1/ -inch Iron rod found for corner, said point being the northeast corner of Northpolnte Crossing, Phase I South, an addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Volume 2006, Page 820, of said Plat Records; THENCE along the north line of said Northpointe Crossing, Phase I South, and through the Interior of said called 188.971 acre tract as follows: North 87° 15' 40" West, a distance of 538.42 feet to a %-Inch Iron rod set for corner; South 790 49' 10" West, a distance of 114.93 feet to a 1/cinch iron rod set for corner; South 686 59' 28" West, a distance of 60.00 feet to a 1/ -Inch Iron rod set for corner; South 21 ° 00' 32" East, a distance of 120.00 feet to a %-inch iron rod set for corner; South 680 59'28" West, a distance of 9.00 feet to a 1/Wnch Iron rad set for corner; South 21 ° 00' 32" East, a distance of 50.00 feet to a Y2 -inch Iron rod set for corner; North 68° 59' 28" East, a distance of 9.00 feet to a 1/ -Inch iron rod set for corner; South 21" 00' 32" East, a distance of 120.00 feet to a %-inch Iron rod set for corner; South 68° 69' 28" West, a distance of 423,24 feet to a 1/ -inch iron rod set for corner; South 029 54' 05" West, a distance of 114.26 feet to a 1% -Inch iron rod set for corner; North 87° 15'40" West, a distance of 160.00 feet to a 1/ -Inch Iron rod set for corner; North 02° 64' 06" East, a distance of 43.77 feet to a 1/ -Inch iron rod set for corner; South 68" 59' 28" West, a distance of 250.66 feet to a 1% -Inch Iron rod set for corner; South 170 22' 50" East, a distance of 170.63 feet to a WInch Iron rod set for corner; South 02° 64' 05" West, a distance of 91.63 feet to a Winch iron rod set for corner; South 30° 49'21" West, a distance of 147.55 feet to a''/S-Inch Iron rod set for corner, said point being the most westerly northwest corner of said Northpointe Crossing, Phase I South; THENCE South 21° 00' 31" East, along the west line of said Northpointe Crossing, Phase I South, a distance of 11.02 feet to a'/z-Inch Iron rod set for corner, said point being the most easterly northeast corner of the East right-of-way line of the Union Pacific Railroad (125 foot right-of-way at this point); THENCE South 03° 09' 28" West, along the north right-of-way line of said Union Pacific Railroad, a distance of 63.66 feet to a '/-Inch Iron rod set for corner, said point being on the east line of said called 188.971 acre tract; THENCE North 21° 00' 32" West, along the common line of said called 188.971 acre tract, and the east right-of-way line of said Union Pacific Railroad, a distance of 2449.26 feet to a %-Inch Iron rod set for corner, said point being the most westerly northwest comer of said called 188.971 acre tract, same being the southwest corner of said Lentz tract; THENCE South 864 68'07" East, along the common line of said called 188,971 acre tract, and said Lentz tract, a distance of 665.74 feet to a'/ -Inch iron rod found for corner, said point being the southeast corner of said Lent tract, some being on Internal angle of said called 188.971 acre tract; THENCE North 02° 65'49" East, along the common line of said called 188.971 acre tract, and sold Lentz tract, a distance of 1424.77 feet to the POINT OF BEGINNING and containing 4,954,075 square feet or 113.730 acres of computed land, more or less. R —0- "°""^° NbIdL10AV1tl31.VM11Vd3Ao _ IfIi7:�Y3'b"I•r"xn -I:"..,v:di el SHHHNIONH l� SV%31'VNNV NOSMVO-NdVd II 3NIl H31VM ��9t 904 HO y B e g I Qe �¢yyp � PQyR,,a ��PYBB,y BBBBYYBtlq I i f a °ppBj y 1 9i9 :4` q E 4$ T Q3$ IBs �QQ Bjf q� !B4 p fill if w e,g Ist:. NBY $R ly i ; gae i. i BqB ed it eB l. �$g3g yu oo1 � "1 i9`Y :�y � .lR:s ,gin y�yPynet;:• '�.- m. � q 1 ` 9g , N YQY n �QB QM B8 T ,. . • f ' .� • ~ �� nwnn n n �� �r rr r Irl ♦ ,�� IIIIIIIIIIIIIIIIIV� C II 1111/- • _ 111111 ��111;p ����,�� 1111'11111►111111��GE€�� GEC �� CI �,�� ��i�+�� (�\II IIIIII == �• a i/I�� :.� _ _ • ���I iar�A� � �•� :eta � �n° =' "'' ' � "= == == =U •I���.r rr '� rr IG♦II♦G 'lr �n ,r . �. rr rr rr i ♦ G GG %G Gi ► 11 Ali r rr - rr rr ..� �� G G i♦ ♦i GG �� I����� • cn � Gnu► ; uuunnuuunn � �G �� �� 1��p���� i i '� �� rr p111 E • ��Cp1111111111C rr Illlllllil � it ' • Iui I• n a.tn