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Res 16-39 Amending an Economic Development Agreement to Add Tax Abatement with Charles Schwab TOWN OF WESTLAKE RESOLUTION 16-39 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,AMENDING AND RESTATING A ECONOMIC DEVELOPMENT AGREEMENT AND ADOPTING A TAX INCENTIVE AGREEMENT, PURSUANT TO CHAPTER 312 OF THE TEXAS TAX CODE,WITH CS KINROSS LAKE PARKWAY, A DELAWARE LIMITED LIABILITY COMPANY,AND ITS AFFILIATE CHARLES SCHWAB & CO., INC. WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code ("LGC"); and WHEREAS, the Town of Westlake is experiencing planned growth through the attraction of economic development projects such as Fidelity Investments and Deloitte University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, and Granada, and Entrada which are consistent with the Town's Comprehensive Plan, as well as enrollment growth at Westlake Academy, all of which contribute to demand for improvements to Westlake's infrastructure and public buildings: and, WHEREAS, the Town of Westlake (Town) and CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. (the Owner) desire to enter into a partnership to continue this planned growth through an amended economic development agreement which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake: and, WHEREAS, the Economic Development Policy and the Tax Abatement Policy constitute appropriate guidelines and criteria governing economic development agreements to be entered into by the Town as contemplated by Chapter 378 and Chapter 380 of the LGC and Chapter 312 of the Tax Code, providing for the availability of economic incentives for new facilities and structures; and WHEREAS, Schwab (or one of its Affiliates), as the owner of land located within the Town, intends to develop and construct two (2) or more buildings on the Land (as defined herein in the amended Economic Development Incentive Agreement), and the development and construction on such Land is expected to significantly enhance the economic and employment base of the Town; and WHEREAS, the Constitution and laws of the State of Texas, including, but not by way of limitation, Chapter 378 and Chapter 380 of the LGC, Chapter 312 of the Tax Code and the Texas Constitution, authorize the Town to enter into economic development agreements and tax abatement agreements with companies such as Schwab; and Resolution 16-39 Pagel of 3 WHEREAS, the Town has an economic development policy adopted by Resolution 06- 19; and WHEREAS, the Town Council has approved an Economic Development Incentive Agreement for the Schwab project on June 16, 2016 (Res. 16-26) and, the Town and Schwab desire to amend and restate the Original Economic Development Agreement to clarify certain aspects of the Project and, upon execution and approval, this Agreement shall amend, restate and supersede the original Economic Development Incentive Agreement in its entirety; and WHEREAS, the Town Council established Tax Reinvestment Zone #4 on August 22, 2016 (Ordinance No. 790) for the Schwab project and amended said zone by ordinance on November 14, 2016, and WHEREAS, the Town Council desires to adopt a Tax Abatement Agreement with Schwab, and this Agreement includes all the necessary provisions under the Tax Code and will be the Tax Abatement Agreement for the Zone; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW,THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves this amended Economic Development Program Agreement with the Owner attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute said agreement and pursue any necessary procedures on behalf of the Town of Westlake. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 16-39 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 14th DAY OF NOVEMBER, 2016. Laura Wheat, Mayor ATTEST: Kelly Edwa&4, Town SecretaryThomas- . Brym w Manager OF\N ESr�q� APPROV 'S T RM: O Y F4•�� St owry, rney g T Resolution 16-39 Page 3 of 3 AMENDED AND RESTATED ECONOMIC DEVELOPMENT AND TAX ABATEMENT AGREEMENT TOWN OF WESTLAKE and CHARLES SCHWAB & CO STATE OF TEXAS § COUNTY OF DENTON § This Amended and Restated Economic Development and Tax Abatement Agreement ("Agreement")is made and entered into as of the day of r i7 )i,b , 2016, by and between the Town of Westlake, Texas ("Town"), a municipality of Denton County, Texas, and CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc., a California corporation, and any successor in interest that acquires all or substantially all of the assets of Charles Schwab & Co., Inc. or any of its affiliates by purchase or merger ("Schwab Successor") and any entity controlling, controlled by, or under common control with Charles Schwab & Co., Inc. or any Schwab Successor(each hereinafter sometimes referred to as "Schwab", a"Schwab Party", or"Owner"). WITNESSETH: WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code ("LGC"); and WHEREAS,Schwab(or one of its Affiliates,as herein defined)is considering constructing certain facilities, including, but not by way of limitation, a corporate office campus within the Town and the development and construction on such Land is expected to significantly enhance the economic and employment base of the Town; and WHEREAS,the Constitution and laws of the State of Texas, including, but not by way of limitation, Chapter 378 and Chapter 380 of the LGC, and Chapter 312 of the Tax Code (the "Tax Code") and the Texas Constitution, authorize the Town to enter into economic development agreements and tax abatement agreements with companies such as Schwab; and WHEREAS, on May 31, 2016, prior to purchasing the Land (as defined herein), Schwab submitted a request for tax abatement to the Town concerning the contemplated Project; and WHEREAS, on June 13, 2016, the Council by the passage of Resolution No. 16-26, determined that Schwab is eligible for Incentives pursuant to and in accordance with the Town's economic development policy and entered into an Economic Development Agreement (the "Original Economic Development Agreement") with Schwab to incentivize an economic development project Schwab intends to undertake in the Town; and Schwabv3.6.3.16 Res 16-34 Page 1 of 24 WHEREAS, on August 22, 2016, the Town Council of the Town (the "Council") adopted Resolution No. 16-30 in accordance with the LGC renewing and updating the Town's Economic Development Incentive Policy (the "Economic Development Policy") that includes a Tax Abatement Policy ("Tax Abatement Policy") for qualifying businesses the Town will, on a case- by-case basis, give consideration to providing tax abatements, economic development grants, loans, and other incentives (collectively referred to as "Incentives") as may be allowed by law as stimulation for selected economic development within the Town. Tax abatement is one of the incentives available under the Economic Development Policy,which is attached hereto as Exhibit "A" and incorporated herein for all purposes; and WHEREAS, the Economic Development Policy and the Tax Abatement Policy constitute appropriate guidelines and criteria governing economic development agreements to be entered into by the Town as contemplated by Chapter 378 and Chapter 380 of the LGC and Chapter 312 of the Tax Code, providing for the availability of economic incentives for new facilities and structures; and WHEREAS, on August 22, 2016, the Council adopted Ordinance No. 790 (the "Original Designating Ordinance"), which is attached hereto as Exhibit`B" and incorporated herein for all purposes, establishing Reinvestment Zone No. 4, Town of Westlake, Texas, (the "Zone") for commercial-industrial tax abatement as authorized by Chapter 312 of the Tax Code and WHEREAS, on August 22, 2016, the Council passed Resolution No. 16-31, which is attached hereto as Exhibit"C" and incorporated herein for all purposes, designating a Neighborhood Empowerment Zone in the Town of Westlake,Texas,as authorized by Chapter 378 of the LGC, the boundaries of which are identical to the boundaries of Reinvestment Zone No. 4, Town of Westlake, Texas, as designated in the Original Designating Ordinance (the "Neighborhood Empowerment Zone"); and WHEREAS, the Town and Schwab desire to amend and restate the Original Economic Development Agreement to clarify certain aspects of the Project (as defined herein) and, upon execution and approval,this Agreement shall amend,restate and supersede the Original Economic Development Agreement in its entirety; and WHEREAS,this Agreement includes all the necessary provisions under the Tax Code and will be the Tax Abatement Agreement for the Zone; and WHEREAS,on November 14,2016,the Council adopted Ordinance NoI (the"Revised Designating Ordinance"), which is attached hereto as Exhibit "D" and incorporated herein for all purposes, expanding the boundaries of Reinvestment Zone No. 4, Town of Westlake,Texas,to be consistent with the boundaries of the Land as defined herein; and WHEREAS, on November 14, 2016, the Council passed Resolution No. { which is attached hereto as Exhibit"E"and incorporated herein for all purposes, expanding the boundaries of the Neighborhood Empowerment Zone, as authorized by Chapter 378 of the LGC, such that the boundaries of the Neighborhood Empowerment Zone are identical to the boundaries of Reinvestment Zone No. 4, Town of Westlake, Texas, as expanded by the Revised Designating Ordinance; and Schwabv3.6.3.16 -2- WHEREAS, the Council finds that the terms of this Agreement, the Project and the proposed Qualified Facilities (herein defined) meet the applicable guidelines and criteria heretofore adopted by the Council and contained in the Economic Development Policy and Tax Abatement Policy; and WHEREAS, the Council finds that the improvements proposed for the Land are feasible and practical and would be of benefit to the Town, and will maintain and enhance the commercial and industrial economic and employment base of the Town and Denton County; and the Council finds that it is in the best interest of the citizens of the Town to enter into this Agreement in accordance with the Economic Development Policy, the Tax Abatement Policy,the Tax Code and the LGC; and WHEREAS, written notice that the Town intends to enter into this Agreement, along with a copy of this Agreement, has been furnished in the manner prescribed by the Tax Code, to the presiding officers of the governing bodies of each of the taxing units in which the Land is located. NOW, THEREFORE, the Town and Schwab, for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, which consideration includes the attraction of major investment in the Zone and increased payroll that contributes to the economic development of the Town, the enhancement of the tax base in the Town and Denton County and the economic development and tax abatement incentives set forth therein below, as authorized by Chapter 378 and Chapter 380 of the LGC and Chapter 312 of the Tax Code,as amended,do hereby contract, covenant and agree as follows: Section 1. Definitions. Wherever used in this Agreement, the following capitalized terms shall have the meanings ascribed to them: "Affiliate" shall mean any entity that owns or controls, is owned or controlled by, or is under common ownership or control with, Schwab, or a Schwab Successor, and the successors in interest to Schwab or Schwab Successor. "Certificate of Occupancy" shall mean the certificate of occupancy issued by the Town for a Qualified Facility constructed during the Initial Phase. "Council" shall mean the Town Council of the Town of Westlake. "Effective Date" shall mean June 13, 2016, the date of execution and approval of the Original Economic Development Agreement. "First Use" shall mean the designation of the Town as the situs for use tax purposes with respect to any purchases made by Schwab or its Affiliates which are subject to the Town's Sales and Use Taxes. "Force Majeure" shall mean any contingency or cause beyond the reasonable control of Schwab and its Affiliates,including,without limitation,acts of God or the public enemy,epidemic, Schwabv3.6.3.16 -3- war, riot, civil-commotion, insurrection, governmental or de facto governmental action (unless caused by acts or omissions of Schwab or its Affiliates), fire, explosions, floods, or strikes. "Jobs" shall mean all positions held by an employee, partner or principal of Schwab or any of its Affiliates, in which such employee, partner or principal works on a full-time basis for Schwab or any of its Affiliates and has an office in, or works primarily from, the Qualified Facilities. "Land" shall mean certain real property consisting of 74.131 acres in total, comprised of the following tracts of land: (i) approximately 69.337 acres in size (identified as the "Campus Property"); (ii) approximately 2.992 acres in size (identified as the "Pad Site"); and (iii) approximately 1.802 acres in size (identified as the "Notch Property"), which tracts of land are located in Denton County, Texas, and are generally described in "Exhibit F" attached hereto and made a part hereof for all purposes, together with, all and singular, the rights and appurtenances pertaining to each such tract. "Minimum Threshold Eligibility Requirements" shall mean (i)the construction and maintenance of a minimum 500,000 gross square feet on the Land,which includes the construction and maintenance of a minimum fifteen hundred(1,500)space parking garage; (ii)the existence of at least nineteen hundred (1,900) Jobs; and (iii)the expenditure of no less than $100,000,000 on Project Costs. "Phase" shall mean each portion of the Project, as developed in such order and containing such acreage as Schwab, in its sole discretion, may determine. "Initial Phase" shall mean a portion of the Project to be constructed on the Land on or before December 31, 2021,which is projected to be five hundred thousand(500,000)gross square feet of Project space as defined within this Agreement, including a fifteen hundred (1,500) space parking garage constructed as the Initial Phase of the Project. "Project" shall mean the improvements, related infrastructure and/or modifications approved as part of this Agreement and in accord with the Town's Planned Development Regulations to be constructed on the Land in the Initial Phase, by or on behalf of Schwab or its Affiliates. "Project Costs"shall mean all costs incurred by Schwab or its Affiliates with respect to the acquisition, construction, reconstruction, improvement, and expansion, as the case may be, of the Project,whether paid or incurred prior to or after the date of this Agreement, including the cost of the acquisition of all land, rights-of-way, property rights, easements, and interests; the cost of all machinery and equipment, information technology and telecommunications equipment, furniture, fixtures and other personal property; the cost of engineering and legal services; plans, specifications, surveys,and estimates of cost and of revenue; other expenses necessary or incident to determining the feasibility and practicability of acquiring, constructing, reconstructing, improving, and expanding the Project; and administrative expenses. "Qualified Facilities or Qualified Facility" shall mean building(s) and other structural components of the facility to be constructed by or on behalf of Schwab or its Affiliates as part of the Initial Phase of the Project and shall consist of office campus development such as office space, Schwabv3.6.3.16 -4- parking facilities, mechanical/engineering and information technology support services and buildings otherwise necessary to support the business operations of Schwab. Qualified Facilities shall not include any building intended to be used for: (i) service retail or general retail; (ii) residential housing; (iii) healthcare; (iv) hospitality; or (v) entertainment, unless such uses under (i)-(v) are uses related to the principal financial services business of Schwab. Any building constructed on the Land that is not a Qualified Facility(an"Ineligible Facility")will not be eligible for tax abatement under Section 1 or for the refund of sales tax under Section 11, but any such Ineligible Facility shall be considered for purposes of determining if Schwab has met the Minimum Threshold Eligibility Requirements. Notwithstanding the forgoing, and for purposes of clarification, an office building or dedicated facility that provides amenities for the benefit of Schwab employees, such as food service, fitness activities and wellness/healthcare services, shall be deemed a Qualified Facility. "Simple Interest" for purposes of Section 4.C. is defined as the annual rate of interest applied only to the aggregate amount of tax abatement savings that remains due and owing. By way of example, if the aggregate amount of tax abatement savings is $10,000 and it is required to be paid back at four and one-half percent(4.50%) interest five years later,the total amount subject to repayment would be $10,000+ [5 x ($10,000 x 0.045)], which is $12,250. "Situs Sales Tax" shall mean the Sales and Use Tax collected by the Town during construction,finish and equipping of the Qualified Facilities attributable to the purchase of taxable items or services. The Situs Sales Tax shall be limited to fifty percent(50%) of the 1% Sales and Use Taxes collected by the Town (excluding the % cent 4B Sales Taxes and the Town's '/2 cent sales tax to lower property taxes) as a result of the construction, finish and equipping of the Qualified Facilities. The parties expressly acknowledge and agree that the sales and use tax receipts described herein are being used only as a measurement of the Town's payment of grants through the use of general funds. "State" shall mean the State of Texas and all taxing authorities thereof, including, without limitation, the Comptroller of Public Accounts of the State of Texas. "Zone" shall mean Reinvestment Zone No. 4, Town of Westlake, Texas, created by the Town pursuant to the Original Designating Ordinance and expanded by the Revised Designating Ordinance, the boundaries of which are generally consistent with the boundaries of the Land. Section 1. Tax Abatement. General Provisions. A. The Qualified Facilities are not, and shall not be, an improvement project financed by tax increment bonds. B. The Land is not owned or leased by any member of the Town Council,any member of the Planning and Zoning Commission of the Town or any member of the governing body of taxing units with jurisdiction over the Land. C. This Section is intended to comply with the requirements of the LGC and the Tax Code and is authorized by the Texas Property Redevelopment and Tax Abatement Schwabv3.6.3.16 -5- Act of the Texas Tax Code, Chapter 312, by Chapter 378 and Chapter 380 of the LGC, by the Economic Development Policy, the Tax Abatement Policy and by the resolution of the Town Council authorizing execution of this Agreement.The Town represents that it has due authority to enter into this Agreement and to take actions under the relevant laws cited herein. D. The Town hereby agrees to a ten (10) year tax abatement of all real property ad valorem taxes attributable to the Land which may hereafter be assessed by the Town and which may be abated under Ch. 312 of the Tax Code(or any successor statute) beginning with the 2016 tax year, which is payable in 2017, and terminating after the tenth(10th)year of assessment in 2025,which will be paid in 2026. The amount of tax abatement shall begin at 100% for the first year and decrease by 10% each subsequent year until the expiration of the Term as follows: Year 1 100% Year 2 90% Year 3 80% Year 4 70% Year 5 60% Year 6 50% Year 7 40% Year 8 30% Year 9 20% Year 10 10% E. The Town hereby agrees to a ten (10) year tax abatement for real and personal property ad valorem taxes attributable to construction of the Qualified Facilities on the Land in accordance with this Agreement, which may hereafter be assessed by the Town and which may be abated under Ch. 312 of the Tax Code (or any successor statute) beginning with the first year of assessments attributable to new construction,which is payable in the following year,and terminating after the tenth (10th) year of assessment, which will be paid in the 11th year. The amount of tax abatement shall begin at 100% for the first year and decrease by 10% each subsequent year until the expiration of the Term as follows: Year 1 100% Year 2 90% Year 3 80% Year 4 70% Year 5 60% Year 6 50% Year 7 40% Year 8 30% Year 9 20% Year 10 10% Schwabv3.6.3.16 -6- (a) Parcel Map and Legal Description Prior to the issuance of a Certificate of Occupancy by the Town for each Qualified Facility, Schwab will submit to the Town a map and legal description that covers only the footprint of the newly constructed Qualified Facility. The Town will review this map and if in agreement,will then submit it to the applicable appraisal district upon issuance of the Certificate of Occupancy along with the Abatement Schedule in Section 1. E. (b) Assessments Levied during Construction Periods It is the intent that each Qualified Facility will enjoy not more than ten(10) years of abatement starting in the first-year assessments are levied. If the appraisal district assesses new partial value during a Qualified Facility's construction, then Schwab may elect to pay those assessments on the partial construction value and still retain the first year 100% tax abatement on the completed construction value after the issuance of a Certificate of Occupancy 1. If Schwab negotiates a settlement with the appraisal district related to a Qualified Facility's value during the construction year, then Schwab will provide that letter agreement to the Town and the tax abatement will begin in the first year of the negotiated value agreed upon by and between the appraisal district and Schwab. Section 2. Term and Completion Deadline. A. Unless earlier terminated as provided for in Section 4.F., this Agreement shall remain in full force and effect from the Effective Date until the expiration of the period during which Schwab is entitled to a real and personal property tax abatement under Section 1 or a grant under Section 11 and until any such final property tax abatement has been applied or any grant payment has been received by Schwab (the "Term"). The tax abatements, grants and other economic development incentives granted hereby to Schwab for the Qualified Facilities and the Project shall continue for the duration of the specified term and, once all applicable conditions specified herein have been fulfilled, shall not be lost through Force Majeure events or other circumstances beyond the reasonable control of Schwab or its Affiliates, except to the extent otherwise specified in Section 4 hereof. B. Schwab shall notify the Town in writing upon completion of the Minimum Threshold Eligibility Requirements. Such written notice must occur on or before December 31, 2021 (the "Completion Deadline"). Following receipt of such written notice, the Town shall promptly verify whether the Minimum Threshold Schwabv3.6.3.16 -7- Eligibility Requirements have been met. Upon such verification, the Town shall provide Schwab with written confirmation that the Minimum Threshold Eligibility Requirements were met (the date of such written confirmation being the "Completion Date"). Following the Completion Date and at all times thereafter during the Term of this Agreement, Schwab shall use the Land, the Qualified Facilities and personal property installed at the Qualified Facilities for the purpose of operating the business concerns of Schwab. The parties hereto agree that such use of the Land is consistent with the general purpose of encouraging development of the Zone during the Term of this Agreement. Section 3. Records and Inspections. A. Not later than February 15 of each year during the Term of this Agreement, Schwab shall certify to the Town (i)the number of Jobs as of January 1 of such year, (ii) if changed from the previous year, the aggregate number of gross square feet of the Qualified Facilities contained within the Zone as of January 1 of such year, as reasonably calculated by an architect selected by Schwab; and (iii) for each year following the year in which the first Certificate of Occupancy is issued,that Schwab is in compliance with all terms and conditions of this Agreement. B. The Town has the right to reasonable inspection of the Qualified Facilities and pertinent records of Schwab as necessary to verify compliance by Schwab with the provisions of this Agreement. Inspections shall be preceded by at least seventy- two (72) hours' notice by telephone to the head of the Qualified Facility or other person designated by Schwab, and may be attended by Schwab representatives. Such inspections shall not include any rights to access Schwab's computer systems. Inspections shall be conducted so as not to interfere with the business operations of Schwab and its Affiliates and shall comply with Schwab's security and safety standards and may, at Schwab's option, be held at a location in Denton or Tarrant County, Texas other than the Qualified Facility, except for compliance requirements that can only be inspected on site. The Town acknowledges and agrees that the work of constructing, installing, configuring, and operating the Qualified Facilities may be of a highly sensitive nature and, therefore, the Town agrees that it will not make any type of recording or photographic record of the interior of the facility and agrees to keep all information relating to its contents and operations confidential to the maximum extent allowed by law. Inspections will be limited to review of information reasonably necessary to verify Schwab's compliance with the requirements of this Agreement. The Town will attempt to achieve all necessary compliance verification with one annual inspection trip; however, the Town may schedule additional inspections where determined necessary and with written explanation to Schwab as to the need for such additional inspections(s). C. Schwab shall also provide the Town, in a timely manner, reasonably satisfactory evidence of all sales and use taxes collected and/or paid by the Procurement Company, Schwab or its Affiliates, or any contractors or third parties acting on behalf of Schwab in connection with the construction, finish and equipping of the Schwabv3.6.3.16 -8- Qualified Facilities, in each case for which Schwab seeks a grant pursuant to Section 11 below. D. The Town, at the Town's sole cost and expense, shall have the right to audit the financial and business records of Schwab that solely relate to Schwab's operations at the Project(collectively, the "Records") at any time during the Term and for one (1) year thereafter (but no more often than one time per calendar year) solely in order to verify that the Land is being used for the commercial purposes as defined herein. Upon at least thirty (30) days advance written notice by the Town to Schwab, Schwab shall make all related Records available to the Town at the Qualified Facilities during reasonable business hours and shall otherwise cooperate fully with the Town during any audit. This Section 3.D. shall survive the termination or expiration of this Agreement, but shall expire four years from the date of termination or expiration of this Agreement. Section 4. Breach and Remedy: Termination. A. If Schwab fails to notify the Town in writing on or before the Completion Deadline that the Minimum Threshold Eligibility Requirements have been completed, and provided that such failure to complete the Minimum Threshold Eligibility Requirements is not due to a Force Majeure event, the Town shall have the right to terminate this Agreement immediately upon provision of written notice to Schwab. B. The occurrence of the following conditions shall constitute an event of default ("Event of Default") hereunder: (i) the Qualified Facilities for which Schwab or any of its Affiliates has received an abatement hereunder fail to satisfy the Minimum Threshold Eligibility Requirements at any time during the period commencing on January 1,2022 through the expiration or earlier termination of the Term; or (ii) Schwab fails to comply with any of the material terms or conditions of this Agreement, and any such failure (hereinafter, a"breach")specified in either clause (i) or (ii), above, remains uncured for ninety (90) days following Schwab's receipt of written notice (the "Breach Notice") from the Town, delivered in accordance with Section 13 hereof, of the event and nature of such breach; provided, however, that if such breach is not reasonably susceptible of cure within such ninety (90) day period and Schwab has commenced and is continuing to pursue the cure of such breach, then after first advising the Town of such cure efforts, Schwab shall automatically receive an additional ninety (90) day period within which to cure such breach. The Town may authorize additional time to cure any such breach,but is not obligated to grant such additional time.Notwithstanding anything expressed or implied herein to the contrary,no Event of Default shall exist if the failure of Schwab to fully perform its obligations hereunder is the result of a Force Majeure event.Further time for cure of a breach by Schwab shall be extended by the reasonable time Schwab is delayed by a Force Majeure event. C. Upon the occurrence and during the continuation of any uncured Event of Default, the Town shall have the right to suspend the tax abatements and grants specified in Sections 1 and 11,hereof,pursuant to a notice(the"Suspension Notice")delivered Schwabv3.6.3.16 -9- in accordance with Section 12 hereof. In the event such Event of Default is not cured within any applicable cure period provided for in subsection A. above, upon the expiration of any such cure period, the Town may deliver a notice (the "Repayment Notice") delivered in accordance with Section 12 hereof requiring Schwab to pay, as liquidated damages, a sum equal to an amount not to exceed (i) the amount of all ad valorem taxes which were assessed against the Qualified Facilities and which would have been paid to the Town by Schwab or its Affiliates but for this Agreement, for each year in which the Event of Default occurred and was continuing, without the benefit of abatement (after taking into account any applicable exemptions), and (ii) Simple Interest thereon charged at the rate of four and one-half percent (4.50%) per year and calculated for the period commencing on the date such taxes would have been delinquent and continuing through the date of payment of such liquidated damages.The calculation of liquidated damages shall not include any penalties or late charges. Such liquidated damages shall be due and payable to the Town within thirty (30) days of the receipt by Schwab of the Repayment Notice. If the Town delivers a Suspension Notice pursuant to this Section 4, then Schwab shall thereafter have no right to receive the tax abatements and grants specified in Sections 9 and 12 unless and until Schwab has cured the breach or breaches specified in the Breach Notice. D. Notwithstanding the foregoing or anything in this Agreement to the contrary, if at any time during the Term Schwab determines that it cannot comply with the terms of this Agreement, Schwab will have the opportunity to present a full and complete explanation of the reasons for the failure to comply along with Schwab's plans to achieve compliance or reasons that compliance cannot be achieved. Upon receipt of such explanation, the Town may, at its sole discretion, agree to work with Schwab to develop a mutually agreeable amendment to this Agreement with which Schwab can comply, or exercise the Town's rights as provided in this Section 4. E. The remedies of Town provided herein are exclusive; all other remedies of Town including, without limitation, the remedy of specific performance or the right to seek any damages other than the liquidated damages specified above, being hereby waived. F. This Agreement shall terminate upon the expiration of the Term, or earlier as follows: (a) By Schwab, immediately upon written notice to the Town, if the Town fails to pay any grant within the applicable time period provided under this Agreement; (b) Immediately upon written notice from Schwab to the Town, upon any breach by the Town of its obligations under Section 15 hereof with respect to Confidential Tax Information; Schwabv3.6.3.16 -10- (c) By the Town as a result of an uncured Event of Default by Schwab by delivery of written notice to Schwab after the expiration of any applicable cure periods set forth in Section 4.13; or (d) By the Town if Schwab fails to complete the Minimum Threshold Eligibility Requirements by the Completion Deadline and provided such failure was not a result of a Force Majeure event. Section 5. Right of Protest. A. Schwab and its Affiliates shall have the right to protest, contest or litigate: (a) any assessment of the value of the Project by any appraisal district which appraises real or personal property on all or any part of the Project; and, (b) any tax imposed on the Project by any taxing authority. The tax abatement(or, if applicable,the grants) provided for herein shall be applied to the amount of taxes finally determined to be due as a result of any such protest, contest or litigation. B. Except as expressly provided, this Agreement shall not be construed to in any way modify or limit Schwab's or any of its Affiliates' right to protest, contest or litigate any and all impact fees, ad valorem taxes or any other taxes, fees or charges which may be levied or assessed by the Town or any other entity on the Project or Schwab's or any of its Affiliates' operations at the Project. Notwithstanding the foregoing, in the absence of either a casualty to the Qualified Facilities or a reduction in average property value in the Town (as measured against the average property value in the Town as of the date of this Agreement)of 25%or greater, any protest of ad valorem taxes by Schwab or its Affiliates after the completion of the Initial Phase resulting in an aggregate appraised value for the Qualified Facilities, the Ineligible Facilities and the Land of less than $85,000,000 shall constitute an Event of Default. Section 6. Annual Application for Tax Exemption. It shall be the responsibility of Schwab, pursuant to Section 11.43 of the Tax Code to file an annual exemption application form with the chief appraiser for each appraisal district in which the Project has situs. Section 7. Payment to the Town for the Benefit of Westlake Academy and Consulting Fees Schwab (or one of its Affiliates) shall make a $500,000 contribution (the "Contribution") to the Town for capital improvements to Westlake Academy. The Contribution shall be due and payable to the Town upon the approval of the final plat for the Project by the Town Council and prior to the filing of the Final Plat in Denton County. The Contribution is a one-time, non- refundable Contribution. In addition, Schwab(or one of its Affiliates)shall pay the Town$10,000 for consulting fees incurred by the Town to prepare this Agreement. The $10,000 payment shall be due and payable to the Town within 30 days of the Effective Date of this Agreement. Schwabv3.6.3.16 -11- Section 8. Sale, Assignment or Lease of Property. Schwab shall have the right,without the Town's consent,to transfer, convey or lease all or any portion of the Land, the Project or the Qualified Facilities to one or more of its Affiliates and, in connection therewith, to assign to such Affiliates all or any portion of Schwab's rights and obligations under this Agreement, provided that each assignee assumes the applicable terms and conditions of this Agreement including the limitations related to the allowable uses to be considered a Qualified Facility. All other assignments of all or any portion of Schwab's rights and obligations under this Agreement shall require the prior approval of the Council. Schwab shall notify the Town pursuant to Section 12 of any proposed assignment requiring the Council's approval at least fifteen (15) days prior to the proposed effective date of such assignment. The approval of the Council of such assignment shall not be unreasonably withheld. Section 9. Permitting Process. A. The Town agrees that any permit or application submitted in connection with the Qualified Facilities that requires action by the Town, including, but not limited to, applications for: (a) zoning; (b) site plan and plat approval; (c) building permits; (d) certificates of occupancy; and (e) water, sewer and/or drainage improvements or connections shall be entitled to priority and shall be reviewed and approved as expeditiously as possible. Section 10. Mutual Assistance. The Town hereby agrees to cooperate with Schwab and its Affiliates in filing, whether solely or in conjunction with other parties, appropriate applications with county, state or federal agencies for grants, loans or other economic, non-economic, and infrastructure cost assistance, to benefit the Project, if requested by Schwab. Section 11. Chgpter 380 Grant Based Upon Sales/Use Taxes Sitused in Westlake for Construction and Finish. A. During the Term of this Agreement, Schwab, subject to applicable laws of the State of Texas and rules, regulations and guidelines adopted by the Texas State Comptroller,may choose to situs all purchases related to the construction and finish Schwabv3.6.3.16 -12- of the Qualified Facilities in the Town of Westlake for the purpose of computing sales taxes("the Situs Sales Taxes"). Pursuant to the authority granted by Chapter 380 of the LGC, the Town will reimburse fifty percent (50%) of the 1% Sales and Use Taxes collected by the Town (excluding the I/2 cent 4B Sales Taxes and the Town's 11/2 cent sales tax to lower property taxes)on Situs Sales Taxes collected for the Qualified Facilities. It shall be incumbent upon Schwab to obtain necessary permits from the State Comptroller and verify Situs Sales Taxes to the Town. Schwab shall use good faith efforts to manage all relevant costs related to the Qualified Facilities to maximize, to the extent practicable and reasonable for Schwab,the amount of Situs Sales Taxes collected by the Town in accordance with all applicable law. B. The sales/use tax grants made hereunder shall be paid solely from lawfully available funds that have been appropriated by the Town. The Town will ensure that the amount of funds appropriated is sufficient to ensure the payment of grants in the amount identified in subsection 12.A. above. Under no circumstances shall the Town's obligations hereunder be deemed to create any debt within the meaning of any constitutional or statutory provision. C. All grants referenced herein shall be paid quarterly to Schwab within sixty (60) days following the end of the calendar quarter in which the relevant Situs Sales Tax sales tax receipts were received by the Town. The amount to be granted shall be determined based on the relevant Situs Sales Tax sales tax receipts received by the Town pertaining to the Project, by or on behalf of Schwab or its Affiliates. Section 12. Notice. Any notice,demand,or other communication required to be given or to be served upon any party hereunder, shall be void and of no effect unless given in accordance with the provisions of this Section. All notices shall be in writing and shall be delivered personally or sent by overnight courier service, by certified or registered mail, postage pre-paid, or by facsimile transmission and shall be deemed received,in the case of personal delivery, when delivered,in the case of overnight courier service, on the next business day after delivery to such service, in the case of mailing, on the third day after mailing (or, if such day is a day on which deliveries of mail are not made, on the next succeeding day on which deliveries of mail are made) and, in the case of facsimile transmission, upon transmittal. All notices, demands and other communications shall be given to the parties hereto at the following addresses: Schwab: Charles Schwab & Co., Inc. 211 Main Street San Francisco, CA 94105 Attn: Glenn Cooper Senior Vice President of Corporate Real Estate With Copy to: Schwabv3.6.3.16 -13- Charles Schwab & Co., Inc. Corporate Real Estate Lease Administration P.O. Box 881566 San Francisco, CA 94188-1566 Town: Tom Brymer Town Manager Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 With copy to: L. Stanton Lowry Boyle & Lowry L.L.P. 4201 Wingren, Ste. 108 Irving, Texas 75062 Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. Section 13. Town Authorization. This Agreement was authorized by resolution of the Council that was approved by the affirmative vote of a majority of the Council at its regularly scheduled Council meeting on the _th day of , 2016, authorizing the Town Manager to execute this Agreement on behalf of the Town. Town represents and warrants to Schwab that Town may lawfully perform its obligations under this Agreement. Section 14. Schwab Authorization. The individual executing this Agreement on behalf of Schwab represents to the Town that all appropriate and necessary action has been taken to authorize such individual to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement, and that such authorization is valid and effective on the date hereof. Section 15. Confidentiality. Except as disclosure is required by law,the Town agrees to keep all non-public information and documentation relating to Schwab or its Affiliates that it obtains in connection with this Agreement(the"Confidential Tax Information")confidential. The Town will only provide access to the Confidential Tax Information to its employees on a "need-to-know" basis. The Town will Schwabv3.6.3.16 -14- use the Confidential Tax Information solely for the purposes of determining the respective amount of each grant and for no other purpose, and the Town will not, without Schwab's prior written authorization: (a) disclose to any other person, use or exploit the Confidential Tax Information (other than as expressly permitted above)or(b)discuss Schwab or its affairs with any person other than Schwab's representatives. The Town's obligations under this Section 16 shall survive the termination of this Agreement. Notwithstanding the above, the Town and Schwab expressly understand and agree that should any third party request the Confidential Tax Information pursuant to the Texas Public Information Act, the Town's sole responsibility shall be to seek a written determination from the Texas Attorney General as to whether any or all of the Confidential Tax Information must be released as a public record;provided, however, that in the event such written determination requires disclosure of Confidential Tax Information, the Town shall provide immediate notice to Schwab and an opportunity to appeal such determination prior to disclosure. Section 16. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof,and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Section 17. Estoppel Certificate. Any party hereto may request an estoppel certificate from another party hereto so long as the certificate is requested in connection with a bona fide business purpose, and each party agrees to promptly execute and deliver any estoppel certificate requested pursuant to this Section. The certificate, which will upon request be addressed to Schwab, or a lessee, purchaser or assignee of Schwab, shall include, but not necessarily be limited to, statements (qualified to the best knowledge of the party providing the estoppel) that this Agreement is in full force and effect without default (or if a default exists, the nature of such default and any curative action which should be undertaken to cure same),the remaining term of this Agreement, and such other matters reasonably requested by the party(ies) to receive the certificate. Any such certificate on behalf of the Town shall be executed by the Mayor of the Town. Section 18. Dispute Resolution. In the event of a dispute under this Agreement between the parties to this Agreement that could result in litigation, as a condition precedent to filing any lawsuit,the parties agree to mediate any such dispute with the Denton County Alternative Dispute Resolution Program. Unless all parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications within the scope of the mediation shall remain confidential as described in Texas Civil Remedies and Practice Code, Section 154.073, unless all parties agree, in writing, to waive such confidentiality. Section 19. Applicable Law. This Agreement shall be construed under the laws and court decisions of the State of Texas. Venue for any action under this Agreement shall be the State District Court of Denton County, Texas. This Agreement is performable in Denton County, Texas. Schwabv3.6.3.16 -15- Section 20. Recordation of Agreement. A copy of this Agreement in recordable form may be recorded by either party in the Real Property Records of Denton County, Texas. Section 21. Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter contained herein, supersedes any prior understanding or written or oral tax abatement agreements or representations between the parties regarding the matters contained herein, including without limitation the Original Economic Development Agreement,and can be modified only by a written instrument subscribed to by both parties. This Agreement may be executed in multiple counterparts, each of which shall be considered an original for all purposes. Section 22. Successors and Assigns. Subject to the provisions of Section 6 hereof,this Agreement shall be binding on, and shall inure to the benefit of, the legal representatives, successors and assigns of the Town and Schwab. Section 23. Further Assurances. The Town and Schwab shall timely take all actions reasonably necessary and/or appropriate to carry out the terms and provisions of this Agreement, and to aid and assist each other in carrying out the terms and provisions of this Agreement to allow for the full development of the Project. (SIGNATURE PAGES FOLLOW) Schwabv3.6.3.16 -16- EXECUTED to be effective as of the date first set forth above. TOWN OF WESTLAKE, TEXAS, a municipal corporation By: Name: Thomas Brym . Title: Town Manager ATTEST: By: - e' f �OF W�gT Kell Edwars, TRMC, Town Secretary � �or < 14 9�m APPROVE O FO rP v ala By• Stanton L Town Attorney CHARLES SCHWAB & CO., INC., a California Corporation By. CK -� Name: r CS KINROSS PARKWAY, LLC, a Delaware limited liability company By: Name"' GTenn Title: Senior gine President Signature Page to Amended and Restated Economic Development and Tax Abatement Agreement 1363744v.14 DEL255/16000 STATE OF TEXAS § COUNTY . § This instrument was acknowledged before me on ` > �, 2016, by Thomas E. Brymer, Town Manager of the Town of Westlake, Texas, a municipal corporation, on behalf of said municipal corporation. Notary Public in and for the State of Texas "aY KELLY EDt�+A(ZDS { s- iv'otary Public STATE OF TEXAS Notary ID It 12408268.8 Printed/Typed Name of Notary •TF of S`.° My Ooxnm.Exp.February 3.2018 My Commission Expires: l 1 �t STATE OF COUNTY This instrume t was acknowledged before me on , by b'e' 'N'�&w a 1o' " em .cc-N? , in his/her capacity as a partner/principal of Schwab, on behalf of said partnership. Notary Public in and for the State of CHARLES G. PRICE 11 COMM. #2144599 -4 11 Nr V NOTARY PUBLIC-CALIFORNIA•CALIFORNIA 0 1 g,� , SAN FRANCISCO COUNTY 0i� 1(Z))' 96 g ex My Commission Expires j s ' February 29,2020 Printed/Typed Name of Notary My Commission Expires: Schwabv3.6.3.16 -18- Exhibit A Town of Westlake Economic Development Policy Schwabv3.6.3.16 -19- TOWN OF WESTLAKE RESOLUTION NO. 16-30 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ADOPTING AN ECONOMIC DEVELOPMENT INCENTIVE POLICY. WHEREAS, the Town of Westlake, Texas, relies upon the generation of Sales and Use Taxes for basic city operations; and WHEREAS, the Town of Westlake aggressively pursues sales tax producing enterprises that meet the Town's high development standards; and WHEREAS, Chapter 312 of the Texas Tax Code requires that guidelines and criteria be adopted by the Town Council before entering into any Economic Development Agreement that provides reimbursement of taxes; and WHEREAS, Chapter 380 of the Texas Local Government Code allows the Town Council to create policies for economic development and any related grants or incentives. WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approves the proposed policy, attached as Exhibit "A", Town of Westlake Economic Development Incentive Policy and directs the Town Manager to immediately submit an Economic Development Agreement to the Town Council consistent with the terms of this policy. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 16-30 Page 1 of 5 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22" DAY OF AUGUST, 2016. ATTEST: �f. Laura L. Wheat, Mayor Kell Edward Town Secretary Thomas E. Brymer, n anage c OF WFST APPROVED AS TO FORM: i L. Ste on Lowry, own Attorney X P`' Resolution 16-30 Page 2 of 5 Exhibit A Town of Westlake Economic Development Incentive Policy Section I. General Purpose and Objectives The Town of Westlake, Texas, ("Town") is committed to the promotion and retention of high quality development in all parts of the Town as part of an overall effort to improve the quality of life for its residents. Since these objectives can be served, in part, by the expansion of its commercial business, retail, and mixed use base, the Town will, on a case-by-case basis, give consideration to providing tax abatements, economic development grants, loans, and other incentives (collectively referred to as "Incentives") as may be allowed by law as stimulation for selected economic development within the community. It is the policy of the Town that consideration will be provided in accordance with the criteria set forth in this document. Nothing within this policy shall imply or suggest that the Town is under any obligation to provide Incentives to any applicant. All applicants ("Applicants") for any Incentives shall be considered on a case-by-case basis. Section IL Applicability This Economic Development Incentive Policy (the "Policy") establishes guidelines and criteria for Incentives as allowed for by the provisions of Chapter 31.2 of the Texas Tax Code, and other economic grants, loans, or incentives as authorized by Chapter 380 of the Texas Local Government Code, the Development Corporation Act, Article 5190.6, Tex. Rev. Civ. Stat., Article III, Section 52-a of the Texas Constitution, and other applicable laws. Any Incentive approved by the Town's Town Council ("Town Council") pursuant to the Policy must be memorialized in an agreement to be executed and approved by the Town and applicant (the "Incentive Agreement"). Section III. Tax Abatement Criteria A. Any application for tax abatement shall be reviewed and approved or disapproved by the Town Council and, if applicable, consider the recommendations of the Westlake Development Corporation and/or the Westlake 4A Corporation. In general, the application will be considered based upon the following: • The `value added' to the community by the Applicant's proposed project; • The likelihood of the development of the proposed project without abatements; • The comparison of the use of abatements versus the use of other potential incentives. B. Specific considerations for approving tax abatement applications will be based upon the degree to which the proposed project: Resolution 16-30 Page 3 of 5 • Furthers the goals and objectives of the Town as expressed in the Town's Comprehensive Plan, Planned Development District Ordinances, and infrastructure plans; • Impacts the Town's costs and ability to provide municipal services; • Impacts the local environment, housing market, and available infrastructure; • Offers potential for long term payback in tax and/or other revenues for the Town's investment; • Potentially stimulates other desirable economic development within the Town. C. Term of the Abatement — A tax abatement may be granted for a maximum of ten (10) years. The term of the abatement may be granted for a lesser number of years depending upon the anticipated `value added' to the Town. Section IV. Value of the Project The amount of the Incentive will be detennined by the Town Council based upon the merits of the economic development project (the "Project"), including, but not limited to, the factors referenced in paragraph III. B. (above) and the following specific economic considerations: • total capital investment; • added employment; • generation of other tax revenues. Incentives may be granted only for the additional value of eligible property improvements described in the Project and listed in the executed tax abatement agreement. Target thresholds are established as expected qualifying levels for abatement consideration as indicated in paragraphs A and B as follows: A. For New Businesses or Development - The Project must be reasonably expected to produce an added value of five million dollars ($5,000,000) in real and personal property improvements within the Town of Westlake; or to create a minimum of 200 full-time jobs, or to generate annual sales tax revenues to the Town of at least $100,000. B. For Expansion or Modernization of Existing Businesses or Development — The Project must be reasonably expected to produce an added value of two million dollars ($2,000,000) in real and personal property improvements within the Town, or to create a minimum of 100 full time jobs, or to generate additional annual sales tax revenues to the Town of at least$50,000. Section V. Inspection, Verification and Incentive Modification The terns of an Incentive Agreement shall include the Town's right to: (a) require the submission of an annual certification of compliance for the property receiving an Incentive; (b) conduct an on-site inspection of the project in each year during the life of the Incentive to verify compliance with the terms of the Agreement and the Policy; and(c) reduce or Resolution 16-30 Page 4 of 5 eliminate the Incentive if the applicant has failed to comply with the requirements of the Incentive Agreement. Section VI. Evaluation Upon completion of the Project, the Town shall no less than annually evaluate each Project receiving an abatement to insure compliance with the terms of the agreement. Any incidents of non-compliance will be reported to all affected taxing units. Section VII. Severability and Limitation In the event that any section, clause, sentence, paragraph or any part of this Policy shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such invalidity shall not affect, impair, or invalidate the remainder of the guidelines and criteria in this Policy. Section VIII. Expiration and Modification This Policy is effective upon the date of its adoption and will remain in force for two years, at which time Incentive Agreements created pursuant to its provisions will be reviewed by the Town Council to determine whether the objectives of the Policy are being achieved. Based upon that review, this Policy may be modified, renewed or eliminated. However, any Incentive Contracts created pursuant to this Policy will remain in effect according to their respective terms without regard to any change to this Policy unless mutually agreed by the parties. Section IX. Economic Development Grants, Loans, and Other Incentives A. Any application for economic development grants, loans, and other incentives shall be reviewed and approved or disapproved by the Town Council. In the review process, the Town Council will, if applicable, consider the recommendations of the Westlake Development Corporation and/or the Westlake Type 4A Corporation. Any such economic development grants, loans, and other incentives may come from any one or combination of the following: • Grants or loans as authorized by Chapter 380 of the Texas Local Government Code; • The general Sales and Use taxes of the Town; • Sales and Use taxes collected pursuant to section Type 4A of Article 5190.6, Tex. Rev. Civ. Stat.; and/or • Any other lawful source of revenue of the Town including, but not limited to, bond or other debt financing which further the purpose of economic development. B. To be eligible to apply and qualify for consideration of any grants, loans, and other incentives under this Section, the applicant must submit documentation, and enter into an Incentive Agreement, which indicates the specific details of the Project and compliance with the Policy. Resolution 16-30 Page 5 of 5 Exhibit B "Original Designating Ordinance" Town of Westlake Ordinance No. 790 Schwabv3.6.3.16 -20- TOWN OF WESTLAKE ORDINANCE NO. 790 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING COMMERCIAL/INDUSTRIAL TAX ABATEMENT REINVESTMENT ZONE NO. 4, IN THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the Town Council ("Council") of the Town of Westlake, Texas ("Town"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone ("Zone) for commercial/industrial tax abatement, as authorized by Chapter 312, Property Redevelopment and Tax Abatement Act, Texas Tax Code, Subchapter B, Sections 312.201 and 312.202, as amended (the "Code"); and WHEREAS, the Town of Westlake (Town) and CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. (the Owner) desire to enter into a partnership to continue this planned growth through an economic development agreement which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake as established in Resolution 16-26, approved on June 16, 2016: and, WHEREAS, the Town has elected to become eligible to participate in tax abatement; and WHEREAS, a public hearing at a regularly scheduled meeting before the Board was held at 6:30 p.m. on the 22nd day of August, 2016, such date being at least seven (7) days after the date of publication of the notice of such public hearing in a newspaper having general circulation in the Town as required by the Code; and WHEREAS, notice of the public hearing was delivered to the presiding officer of the governing body of each taxing unit located within the proposed reinvestment zone at least seven (7) days before the date of the public hearing; and WHEREAS, the Town at such hearing invited all interested persons, or their representatives, to appear and speak for or against the creation of the proposed reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in this ordinance should be included in such proposed reinvestment zone, and the concept of tax abatement; and WHEREAS, all interested persons spoke and the proponents of the reinvestment zone offered evidence, both oral and documentary, in favor of the creation of the proposed reinvestment zone and the proponents also submitted evidence as to the proposed Ordinance 790 Page I of 3 improvements; and WHEREAS, the Town Council of the Town of Westlake, Texas, approving the ordinance is of the opinion that it is in the best interests of the town and its citizens. NOW,THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated herein in their entirety. SECTION 2: The Council, after conducting such hearings and having heard such evidence and testimony, has made the following findings and determinations based on the testimony and evidence presented to it: (a) That a public hearing on the designation of the reinvestment zone has been properly called, held and conducted and that notices of such hearings have been published as required by law and delivered to all taxing units located within the proposed reinvestment zone; and (b) That the boundaries of the reinvestment zone should be the area as described in the metes and bounds description attached hereto and identifies as Exhibit "A", which are incorporated herein for all purposes and which area is within the taxing jurisdiction of the Town; and (c) That the creation of the reinvestment zone for commercial/industrial tax abatement, with boundaries as described in Exhibit "A" attached hereto will result in benefits to the Town and to the land included in the Zone and to the Town after the expiration of any Tax Abatement Agreement entered into and the improvements sought within the Zone are feasible and practical; and (d) That the reinvestment zone as defined •in Exhibit "A" attached hereto meets the criteria for the creation of a reinvestment zone as set forth in the Code, as amended, in that it is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the Zone that would be a- benefit to the property and that would contribute to the economic development of the Town; and (e) That the reinvestment zone as defined in Exhibit "A" attached hereto meets the criteria for the creation of a reinvestment zone as set forth in the Town of Westlake Tax Abatement Policy, which Policy establishes guidelines and criteria governing tax abatement agreements by the Town and provide for the availability of tax abatement for both new facilities and structures and for the expansion or modernization of existing facilities and structures. SECTION 3: That pursuant to the Code, the Town hereby creates a reinvestment zone for commercial/industrial tax abatement encompassing only the area described by the metes and bounds in Exhibit "A" attached hereto and such reinvestment zone is hereby designated and shall hereafter be designated as Reinvestment Zone No. 4, Town of Westlake, Texas. Ordinance 790 Page 2 of 3 SECTION 4: That the Town shall deliver to the Texas Comptroller's Office a general description of the reinvestment zone, including its size, the types of property located in it, its duration, and the guidelines and criteria established for the reinvestment zone under Section 312.002 of the Code, including subsequent amendments and modifications of the guidelines or criteria. SECTION 5: That the Zone shall take effect on the 22"d day of August 2016. SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 22" DAY OF AUGUST 2016. ATTEST: Laufa Wheat, Mayor ;A s Kelly Edwai s, Town Secretary Thomas E'Br , T wn Manager pl✓ WEST APPROVED AS TO FORM: �'o� <q� f 1 m l L. S ton Low4, Town Attorney TE X PS Ordinance 790 Page 3 of 3 0 7 0 0 J c 0 0 a� i a :J MAIN pFz VILLq�E T RAIQf L w � _ v 0 I O 170 114 site ��Turner pT Lake Oddfellows Cemetery VICINITY MAP N.T.S. NO. BEARING DISTANCE L1 S89027'07"W 127.87' L2 S89027'07"W 36'02" 211.21' 78.72' L3 S00032'53"E 27'07" W 25.20' L4 S89027'07"W 21' 43" 194.92' 194.11' L5 N89027'07"E 53' 56" W 16.72' L6 S89027'07"W 47' 26" 179.93' 11.14' L7 N00032'53"W 08' 22" W 49.98' L8 S89027'07"W 30.00' 170.26' L9 N80032'48"E 27'07" W 304.03' L10 N64°51' 51' 24" 12"E 213.57' j J I I w I I 5 I i 200' Temporary Lake j n / I Construction Easement Uj Vol. 4247, Pg. 2899 O.P.R.D.C.T. x j0Cr / / i I -----------------z---------------------------I--------------- //----------------7-1 LG GnI.L Retai - / U Westlake pss R'g8Ro118649 I S I GN 1ns� p.R 0•C'T• /�/ TP TELEPHONE PEDESTAL 42, O TELEPHONE M A N H O L E 20' Public Utility Easement I Hw P ar #55583 / Tract 2 I I # 2009 j BURIED CABLE MARKER / TELEPHONE �' Vol.4R7,Pg.-r j InSa.P R.o•c ® WATER MANHOLE /-------------------, / o. R.D.c.. I i'/ IRS IRS L I PIPELINE MARKER ' L8 I✓ j 40' Temporary Hike & Bike L I G H T P O L E ,� I I C4 L 7 / �\ j Trail Construction Easement IRS S Vol. 4247, Pg. 2883 POWER POLE IRs O.P.R.D.C.T. PQ� �q� � � I I I IRS '�3 � So SERVICE POLE \ P�� �� N� ° // �� ' IRS/� I - - �' GUIDE WIRE ��� P� ,/ �` / - --------- -� r GAS MANHOLE P� // ��� % 1.802 Ac. /� L5 �-�------------------i IRS +-I 171__ SIGNAL BOX I __ _ L1 IRs -----.'---------------� L2 j _------- // IRS SIGNAL POLE ( �� // ��� HW 2421 Land LIP,RS Lq IRS \ --� -- Parcel #1 L3 C1 / Inst.* 2009-55583 point of j Beginning - - - ..... –EDGE OF WATER 15' Hike & Bike Troil Easement-. Vol. 4247, Pg. 2883 � ! ' •,,! � v�� I O.P.R.D.C.T. !• --- i HW 2421 Land LP ��% \A ° I Parcel #1 C) co Inst.# 2009-55583 P�6j •^ � — CP Lake Area Vol. 4247, Pg. 2837 O.P.R.D.C.T. - - - - --- - 0. P. R. D. C . T. I 1 1 l APPROXIMATE COUNTY LINE --------------------------------------------- EASEMENTS AND OTHER MATTERS OF RECORD. 2. BASIS OF BEARINGS IS THE TEXAS COORDINATE SYSTEM, TEXAS NORTH CENTRAL ZONE, 4202, NAD83. 3. ALL CORNERS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP STAMPED "PELOTON" UNLESS OTHERWISE NOTED. A. 100 YEAR FLOOD PLAIN LINE DOES AFFECT SUBJECT TRACT AS DETERMINED FROM DIGITIZED FLOOD INSURANCE RATE MAP NUMBER 48121CO655 G REVISED DATE OF APRIL 18, 2011. THE SURVEYOR ASSUMES NO LIABILITY FOR THAT MAP. 5. RESTRICTIVE COVENANTS RECORDED IN VOLUME 4247, PAGE 2837 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECT THE SUBJECT TRACT AS SHOWN. RESTRICTIVE COVENANTS RECORDED IN INSTRUMENT NUMBER 95-ROO29595 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECT THE SUBJECT TRACT AS SHOWN. (ITEM 1) 6. AGRICULTURAL LEASE RECORDED IN VOLUME 4247, PAGE 2920 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT TRACT. (BLANKET IN NATURE) (ITEM 10h) 7. TERMS. PROVISIONS, CONDITIONS, OBLIGATIONS, ASSESSMENTS AND LIENS RECORDED IN VOLUME 4247, PAGE 2837 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT TRACT. (BLANKET IN NATURE) (ITEM 10i) 8. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS, WITH WAIVER OF SURFACE RIGHTS, CONTAINED IN SPECIAL WARRANTY DEEDS RECORDED IN VOLUME 4247, PAGE 2876 AND VOLUME 4247, PAGE 2869 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS AFFECTS THE SUBJECT PROPERTY. (BLANKET IN NATURE) (ITEM 10j) NU. UtL I A KAUIUJ LtNU IN CtAKINU UIJ I ANL t C1 790 36'02" 211.21' 293.43' S 890 27'07" W 270.40' C2 600 21' 43" 194.92' 205.35' N 600 53' 56" W 195.99' C3 100 47' 26" 179.93' 33.89' N 280 08' 22" W 33.84' C4 90000,001, 30.00' 47.12' S 440 27'07" W 42.43' C5 43. 51' 24" 408.29' 312.52' S 210 22' 48" W 304.95' Ordinance 790 Point of Commencing 0 100 200 300 GRAPHIC SCALE IN FEET A BOUNDARY SURVEY OF 1.802 Acres OF LAND SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393,DENTON COUNTY, TEXAS 0 m >+ m -0 0 w (n >a cl:� x = w U �r o� wz LL- Lo CD o0 Q� U Q w =z > U O r'r v z �z Un w wo CqQ rn � O � 0 ow m (Y1 w m Q Q z z cn U a o� z� a cn -J Om a LL 0 0 `\1 m N Z o? Z N 0 O 00 H � N Jx O0 O� w J w O LO WZ LU Q LU J Q� 0 0-1LU Ln Ln SHEET OF SHEETS DESCRIPTION BEING A CERTAIN TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, LP RECORDED IN INSTRUMENT NUMBER 2009-S5S83 OF THE OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT AREA DEFINED AS THE "LAKE AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS RECORDED IN VOLUME 4247, PAGE 2837, SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SETAT THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL ASSOCIATES, LTD RECORDED IN INSTRUMENT NUMBER 98-RO118649 SAID PUBLIC RECORDS; THENCE S 89°27'07"W, 127.87 FEET, WITH THE NORTH LINE OF SAID LAKE ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAILTRACT, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET, THROUGH A CENTRAL ANGLE OF 79°36102", HAVING A RADIUS OF 211.21 FEET, THE LONG CHORD WHICH BEARS S 89°27'07"W, 270.40 FEET TO A S/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 00°32'53"E, 25.20 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 205.35 FEET, THROUGH A CENTRAL ANGLE OF 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE LONG CHORD WHICH BEARS N 60°53'56"W, 195.99 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; N 89°27'07"E, 16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH A CENTRAL ANGLE OF 10°47'26", HAVING A RADIUS OF 179.93 FEET, THE LONG CHORD WHICH BEARS N 28°08'22"W, 33.84 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; N 00°32'53"W, 49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 170.26 FEET TO A S/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WHICH BEARS S 44°27'07"W, 42.43 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 312.52 FEET, THROUGH A CENTRAL ANGLE OF 43°51'24", HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD WHICH BEARS S 21°22'48"W, 304.95 FEET TO A S/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; THENCE N 80°32'48"E, 304.03 FEET, DEPARTING SAID SOUTH LINE, OVER AND ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; THENCE N 64°51'12"E, 213.58 FEETTO THE POINT OF BEGINNING AND CONTAINING 79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS. Ordinance 790 Exhibit C Resolution Designating Neighborhood Empowerment Zone Town of Westlake Resolution No. 16-31 Schwabv3.6.3.16 -21- TOWN OF WESTLAKE RESOLUTION 16-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, DESIGNATING A NEIGHBORHOOD EMPOWERMENT ZONE IN THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS,the Town Council ("Council") of the Town of Westlake, Texas, ("Town"), desires to promote and increase economic development in the Town, and the property described herein,pursuant to Chapter 378 of the Texas Local Government Code; and WHEREAS, the Town of Westlake (Town) and CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. (the Owner) desire to enter into a partnership to continue this planned growth through an economic development agreement which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake as established in Resolution 16-26, approved on June 16, 2016: and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the facts and recitations contained in the preamble of this resolution are hereby found and declared to be true and correct and are incorporated herein in their entirety. SECTION 2: That the Council hereby finds and determines that: (a) That the creation of a Neighborhood Empowerment Zone ("Zone")would promote an increase in economic development in the Zone; (b) The property to be contained within the Zone is described in attached Exhibit "A" and incorporated herein in its entirety; (c) That the creation of the Zone benefits and is for the public purpose of increasing public health, safety and welfare of the persons in the Town, and the creation of the Zone satisfies the requirements of Section 312.202 of the Texas Tax Code. SECTION 3: That pursuant to Chapter 378 of the Texas Local Government Code, the Council hereby creates the Zone in the earlier described Exhibit "A", attached hereto and incorporated herein. SECTION 5: That the Zone shall take effect on the 22°d day of August 2016. Resolution 16-31 Page 1 of 2 SECTION 6: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid. provision. SECTION 7: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2016. ATTEST: Laura L. Wheat, Mayor Kelly dwards, Town Secretary thomas E. Brymer, anager APPROVED AS TO FORM: �N of wFs� /L. Sta n Lowry, To6 Attorney T�XAg. Resolution 16-31 Page 2 of 2 OR' VILLAGE. RAIL 4„ , N� o w II = o O , P r / I � /(Iii_ N o MAIN �_ � NO. BEARING DISTANCE i Z I I I W _ : E �� L1 S89° 27 ' 07 "W 127. 87 ' I = I 1 I iii \ r site L2 S89° 27 07 W 78. 72 ' w I 1 I o _ •-Turner L3 S00° 32 ' 53 "E 25. 20' j 5 I 1 I S '> �, o Lake /" L4 S89° 27 ' 07 "W 1 94 . 1 1 ' 200'Temporary Lake / i I fY T - __ Construction Easement w 10 0 200 3 0 0 m T/tic, I L 5 N89° 27 ' 07 "E 1 6. 7 2 ' Vol.4247.Pg.2899 a I0 L6 S89 27 07 W 11 . 14 o 1 I ■ lArArio.......10------ Oddfellows Cemetery N L7 N00° 32 ' 53 a "W 49. 98 ' / 1 L8 589° 27 ' 07 "W 1 70. 26' // I GRAPHIC SCALE IN FEET VICINITY MAP N.T.S. oI 1 L9 N80 32 48 E 304 . 03 ' 1 / I , N L10 N64° 51 ' 12 "E 213. 57 ' / 1 c / 1 Legend t\aK Reta\ \ - 1 ....._ .__ _ — / WA s # 198 R0ote 11 g649 i1 -- SSIGN Inst.D.P•R.D•C.1. / j c a TP TELEPHONE PEDESTAL , — _—� �/ i I 42� sand �P — a �/ 20'Public Utility Easement I NW P ar ce I #55583 5, © TELEPHONE MANHOLE , / Tract I I # 2009- m / BURIED CABLE MARKER / TELEPHONE ,' / Vo1.4247,Pg.2908 j inSa.P R•o.c•T m U / -- 1 I O.PR.D.C.T. o ® WATER MANHOLE / / L • IRS IRs O I I / N 1 PIPELINE MARKER ' 1 I o L ccs $ i i ' L 8 ✓ 40'Temporary Hike & Bike 0 L I G H T POLE ,� I 1 I C 4 L 7 i Troll Construction Easement 0 POWER POLE 0���� 1 I 'R S IRS c a3(/"\\ Val'o.R.D.C.T.883 PO '5q� I I I IRS C3 \ I So SERVICE POLE Pip �� NO ° // N IRs�c I\ 1 1 0_ 7 GUIDE WIRE n\- 0,K . 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I W (n 1 / / > a 1 / I / '.. x 1 I i Q 1 z w LL Approximate l00 Year Floodplain O O O 1 < U \ digitized from Flood Insurance Rate Map W iimi = \ _� EDGE OF WATER z Map no.48121C0655G,Revised April l8,20l1 > nU O - 1_ • '`\ T12 V) w \ 'ci 6111ro — — — — — — —-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—-—LI = o \�, O d LP H- I� Q rn an n V V z Tr) \ \�, Hw Pa Ice # 5583 j I \--1-<<\ \nst # R.D.0 j I � z R O CI \\ oP 1 DENTON COUNTY II APPROXIMATE COUNTY LINE mCCI m - - - - - - `\=\+ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - TARRANT COUNTY - - - - - - - - - - - - - - - - - I 1 ; ' Q Q = • •\ - .-. 1 tucKe I = z \ ............. Town (:)- p208o�j338 I H- \ InSO.P•R•T C II Q o \ II CD DC • z H- + 1 1 a cn o _ I CO \ a i ' L_ \ I PIPE FENCE O ,�( . x�x�ARB�x x x x _ x —X— — — X — — X — — X—�— x x — — x — — x� I w x x L BRIDGE ASPHALT :� rj Ill 0{ West U(3 e jI x Mar9oret pB. Ueeg3p W I Town #02p6256g55 \ InSt.P•R?T•C T 1ns0•P.R 1 .•-• T \.\ II NOTES: `\ IIx II 1 . THIS SURVEY WAS PERFORMED WITH THE BENEFIT OF A COMMITMENT OF THE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY UNDER GF NUMBER 1002-171131-RTT, AND HAVING AN 1 EFFECTIVE DATE OF NOVEMBER 15, 2015 AND WAS RELIED ON FOR x EASEMENTS AND OTHER MATTERS OF RECORD. NO. DELTA RADIUS LENGTH BEARING DISTANCE p Cl 79° 36'02" 211.21' 293.43' S 89° 27'07" W 270.40' m 2. BASIS OF BEARINGS IS THE TEXAS COORDINATE SYSTEM, TEXAS — ZN NORTH CENTRAL ZONE, 4202. NAD83. C2 60° 21' 43" 194.92' 205.35' N 60° 53' 56" W 195.99' Z C3 10° 47' 26" 179.93' 33.89' N 28° 08' 22" W 33.84' 3. ALL CORNERS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP = _ = O 0 STAMPED "PELOTON" UNLESS OTHERWISE NOTED. C4 90° 00'00" 30.00' 47.12' S 44° 27'07" W 42.43' _ °J C5 43° 51' 24" 408.29' 312.52' S 21° 22' 48" W 304.95' — •71- 4. 100 YEAR FLOOD PLAIN LINE DOES AFFECT SUBJECT TRACT AS DETERMINED FROM DIGITIZED FLOOD INSURANCE RATE MAP NUMBER 0- 48121C0655 G REVISED DATE OF APRIL 18, 2011 . THE SURVEYOR -a ASSUMES NO LIABILITY FOR THAT MAP. O 0 f w c 5. RESTRICTIVE COVENANTS RECORDED IN VOLUME 4247, PAGE 2837 N J 1 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECT THE N SUBJECT TRACT AS SHOWN. RESTRICTIVE COVENANTS RECORDED IN 0 o INSTRUMENT NUMBER 95-R0029595 OF THE COUNTY RECORDS. DENTONZ in COUNTY. TEXAS. AFFECT THE SUBJECT TRACT AS SHOWN. ( ITEM 1 ) w Q uJ Q w 6. AGRICULTURAL LEASE RECORDED IN VOLUME 4247, PAGE 2920 OF J = THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT o L TRACT. (BLANKET IN NATURE ) ( ITEM 10h) r D w 0 V 7. TERMS. PROVISIONS. CONDITIONS. OBLIGATIONS. ASSESSMENTS AND O ...... •• — Y LIENS RECORDED IN VOLUME 4247. PAGE 2837 OF THE COUNTY RECORDS, a DENTON COUNTY, TEXAS, AFFECTS THE SUBJECT TRACT. (BLANKET IN "' ..... LO NNA U ( ITEM i 1 8. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS, WITH WAIVER A BOUNDARY SURVEY OF SHEET N OF SURFACE RIGHTS, CONTAINED IN SPECIAL WARRANTY DEEDS RECORDED o IN VOLUME 4247. PAGE 2876 AND VOLUME 4247, PAGE 2869 OF THE in COUNTY RECORDS. DENTON COUNTY. TEXAS AFFECTS THE SUBJECT PROPERTY. (BLANKET IN NATURE ) ( ITEM 1 10j ) _ . 802 Acres 7 OF LAND SITUATED IN THE RICHARD FADS SURVEY , 0 i Resolution 16 31 ABSTRACT NUMBER 393 , DENTON COUNTY , TEXAS _ OF SHEETS DESCRIPTION BEING A CERTAIN TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY,ABSTRACT NUMBER 393,DENTON COUNTY,TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND,LP RECORDED IN INSTRUMENT NUMBER 2009-55583 OF THE OFFICIAL PUBLIC RECORDS, DENTON COUNTY,TEXAS AND BEING A PORTION OF THAT AREA DEFINED AS THE"LAKE AREA"IN THE DECLARATION OF COVENANTS,RESTRICTIONS AND EASEMENTS RECORDED IN VOLUME 4247,PAGE 2837,SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET AT THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL ASSOCIATES,LTD RECORDED IN INSTRUMENT NUMBER 98-R0118649 SAID PUBLIC RECORDS; THENCE S 89°27'07"W,127.87 FEET,WITH THE NORTH LINE OF SAID LAKE ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OFA CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 293.43 FEET,THROUGH A CENTRAL ANGLE OF 79°36'02",HAVING A RADIUS OF 211.21 FEET,THE LONG CHORD WHICH BEARS S 89°27'07"W,270.40 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 00°32'53"E,25.20 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 205.35 FEET,THROUGH A CENTRAL ANGLE OF 60°21'43",HAVING A RADIUS OF 194.92 FEET,THE LONG CHORD WHICH BEARS N 60°53'56"W,195.99 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; N 89°27'07"E,16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 33.89 FEET,THROUGH A CENTRAL ANGLE OF 10°47'26",HAVING A RADIUS OF 179.93 FEET,THE LONG CHORD WHICH BEARS N 28°08'22"W,33.84 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; N 00°32'53"W,49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; S 89°27'07"W,170.26 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 47.12 FEET,THROUGH A CENTRAL ANGLE OF 90°00'00",HAVING A RADIUS OF 30.00 FEET,THE LONG CHORD WHICH BEARS S 44°27'07"W,42.43 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT,AN ARC DISTANCE OF 312.52 FEET,THROUGH A CENTRAL ANGLE OF 43°51'24",HAVING A RADIUS OF 408.29 FEET,THE LONG CHORD WHICH BEARS S 21°22'48"W,304.95 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; THENCE N 80°32'48"E,304.03 FEET,DEPARTING SAID SOUTH LINE,OVER AND ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED"PELOTON"SET; THENCE N 64°5112"E,213.58 FEET TO THE POINT OF BEGINNING AND CONTAINING 79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS. Resolution 16-31 Exhibit D "Revised Designating Ordinance" Town of Westlake Ordinance No. 803 Sch�vabv3.6.3.16 -22- TOWN OF WESTLAKE ORDINANCE NO. 803 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING AND EXPANDING TAX ABATEMENT REINVESTMENT ZONE NO. 4,IN THE TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SEVERABILITY CLAUSE. WHEREAS,the Town Council("Council")of the Town of Westlake,Texas("Town"), desires to promote the development or redevelopment of a certain contiguous geographic area within its jurisdiction by the creation of a reinvestment zone("Zone)for commercial/industrial tax abatement,as authorized by Chapter 312,Property Redevelopment and Tax Abatement Act, Texas Tax Code, Subchapter B, Sections 312.201 and 312.202, as amended (the "Code"); and WHEREAS,the Town of Westlake(Town)and CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab&Co., Inc. (the Owner)desire to enter into a partnership to continue this planned growth through an economic development agreement which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake as established in Resolution 16-26, approved on June 16, 2016: and, WHEREAS, the Town has elected to become eligible to participate in tax abatement; and WHEREAS, a public hearing at a regularly scheduled meeting before the Board was held at 6:30 p.m. on the 14th day of November, 2016, such date being at least seven (7) days after the date of publication of the notice of such public hearing in a newspaper having general circulation in the Town as required by the Code; and WHEREAS, notice of the public hearing was delivered to the presiding officer of the governing body of each taxing unit located within the proposed reinvestment zone at least seven (7) days before the date of the public hearing; and WHEREAS, the Town at such hearing invited all interested persons, or their representatives, to appear and speak for or against the amendment and expansion of the proposed reinvestment zone,the boundaries of the proposed reinvestment zone, whether all or part of the territory described in this ordinance should be included in such proposed reinvestment zone, and the concept of tax abatement; and WHEREAS, all interested persons spoke and the proponents of the amendment and expansion of Reinvestment Zone #4 offered evidence, both oral and documentary, in favor of the creation of the proposed reinvestment zone and the proponents also submitted evidence as to the proposed improvements; and Ordinance 803 Page 1 of 3 WHEREAS, the Town Council of the Town of Westlake, Texas, approving the ordinance is of the opinion that it is in the best interests of the town and its citizens. NOW,THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct and are incorporated herein in their entirety. SECTION 2: The Council, after conducting such hearings and having heard such evidence and testimony, has made the following findings and determinations based on the testimony and evidence presented to it: (a) That a public hearing on the amending and expansion of Reinvestment Zone #4 has been properly called, held and conducted and that notices of such hearings have been published as required by law and delivered to all taxing units located within the proposed reinvestment zone; and (b) That the boundaries of the reinvestment zone should be the area as described in the metes and bounds description attached hereto and identifies as Exhibit "A", which are incorporated herein for all purposes and which area is within the taxing jurisdiction of the Town; and (c) That the amendment and expansion of Reinvestment Zone #4 for commercial/industrial tax abatement, with boundaries as described in Exhibit "A" attached hereto will result in benefits to the Town and to the land included in the Zone and to the Town after the expiration of any Tax Abatement Agreement entered into and the improvements sought within the Zone are feasible and practical; and (d) That the reinvestment zone as defined •in Exhibit "A" attached hereto meets the criteria for the creation of a reinvestment zone as set forth in the Code, as amended,in that it is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the Zone that would be a- benefit to the property and that would contribute to the economic development of the Town; and (e) That the reinvestment zone as defined in Exhibit "A" attached hereto meets the criteria for the creation of a reinvestment zone as set forth in the Town of Westlake Tax Abatement Policy,which Policy establishes guidelines and criteria governing tax abatement agreements by the Town and provide for the availability of tax abatement for both new facilities and structures and for the expansion or modernization of existing facilities and structures. SECTION 3: That pursuant to the Code, the Town hereby amends and expands Reinvestment Zone #4 for commercial/industrial tax abatement encompassing only the area described by the metes and bounds in Exhibit"A" attached hereto and such reinvestment zone is hereby designated and shall continue to be designated as Reinvestment Zone No. 4, Town of Westlake, Texas. SECTION 4: That the Town shall deliver to the Texas Comptroller's Office a general Ordinance 803 Page 2 of 3 description of the reinvestment zone, including its size, the types of property located in it, its duration, and the guidelines and criteria established for the reinvestment zone under Section 312.002 of the Code, including subsequent amendments and modifications of the guidelines or criteria. SECTION 5: That the Zone shall take effect on the 14th day of November 2016. SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 7: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas,that sections,paragraphs,clauses and phrases of this Ordinance are severable, and if any phrase,clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence, paragraph or section. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 14th DAY OF NOVEMBER 2016. ATTEST: Laura Wheat, Mayor Kelly Edws, Town Secretary omas . Bry er, own Manager d� WESrtq APPROV m T9,V6 M. ©.' 'k LCSt4h6fon Lo Attorney T EX Pte' Ordinance 803 Page 3 of 3 CURVE TABLE N NO. DELTA RADIUS LENGTH BEARING DISTANCE DESCRIPTION C1 90000,00" 30.00' 47.12' S 44° 27'07" W 42.43' TRACT 3 v C2 3305910611 512.38' 303.92' N 730 00' 16" E 299.48' ��r C3 31003, 301, 432.38' 223.54' S 52°53' 41" W 220.Si' yY j7E BEING A TRACT OF LAND SITUATED IN THE RICHARD EARS SURVEY. ABSTRACT NUMBER 393, a T S C4 430 51' 24" 408.29' 312.52' N 210 22' 49" E 304.95' DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, L.P. , RECORDED IN INSTRUMENT NUMBER 2009-55583 OF THE Z° C5 90,00'00" 30.00, 47.12' S 440 2707" W 42.43' REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT AREA ° � ]7' C6 11°06`00" 174.93' 33.89' N 28°08'22" W 33.$4' q State HI DEFINED AS THE "LAKE AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND �' S Vorr 9h�Ngy I EASEMENTS RECORDED IN VOLUME 4247, PAGE 2837, SAID PUBLIC RECORDS, AND BEING 0 E ]]� C7 fi0° 21'43" (94,92' 205.35' N 60°53'56" W 195.99' Ob le Wr afh RI 14 Point of MORE PARTICULARLY CULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: N C8 90°00'00" 30.00' 47.12' N 44° 27'07" E 42.43' _ ght-of- � 0 200 400 600 -____ Concr ! ivy) -� 0 C9 11006,001, 174.93' 33.89' S 28908'22" E 33.84' k ----=�� ����� @ Beginning COMMENCING AT THE SOUTHEAST CORNER, IN A POND, OF THAT TRACT OF LAND DESCRIBED m --` BY DEED TO WESTLAKE RETAIL ASSOCIATES, LTD. . RECORDED IN INSTRUMENT NUMBER C10 600 21'43" 194.92' 205.35' S 600 53'56" E 195.99' - � - fix _ (Tract 2) P�lllt Q 98-RO118649 OF REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING THE NORTHEAST GRAPHIC SCALE IN FEET �- `-_ Concrete CORNER OF SAID HW 2421 LANG TRACT; �■79 rBtB _ - 4a'Public Utllfty Easement 1 Fence _- Monument Commencing J Vol.4247,Pq 2808 I ` � _ �23- [Tract 1 & 2 THENCE WITH THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, IN A POND, THE FOLLOWING W '{ 9. ' COURSES AND DISTANCES; R.P.R.D.C.T. 15'Southwestern Bell (Item log) Company Easement (Exhibit 8} a AREA TABLE - Bate Vol.3144.Pg.359 1 - �■ ci -' C.R.D.C.T. i - -�-' (item }Od I I eke S 89'27'07"W, 127.87 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE TO THE TRACT 1 69. 337 ACRES -- �-.� G RIGHT: N TRACT 2 2. 992 ACRES Al a-3, - ! [D Concretes r7 cn 5 ,�1 do' r Monument WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET. CD q� (D Q TRACT 3 1 . 802 ACRES .0 ! L6 S- `�"- THROUGH A CENTRAL ANGLE OF 79°36'02''. HAVING A RADIUS OF 211.21 FEET, THE '� 03 C1 Lo Tract 2 kfi8 1 1 7 � LONG CHORD WHICH BEARS S 89°27'07"W, 270.40 FEET; m 0 rrj J GROSS 74. 131 ACRES n� �,,;.�r ��-!- ! � L7lR � � Q m cv o Vicinity Map t� 1V�act' - � ` ! Ac2.res,.6S. �� • lRsl S13° 26'29"W 92 S 89027'07"W. 78.72 FEET: _ � r N LINE TABLE SC }ifs Landscape �� 1 a 91.19 5 00'32'53"E. 25.20 FEET; w I Easement 1 D� Vol.4247,Pg.2837 ❑ 28° 28'29" THENCE S 89°27'07"W, 194.1 1 FEET, LEAVING SAID POND, TO A 5/8 INCH IRON ROD m NO. BEARING DISTANCE i `' • r 7+ ° �� I P Westlake Rt.-I 9A RO1186 tes, L.T.D. ° (Item lot] 1 R ' 400.97' WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE POINT OF BEGINNING: m L1 589 27 07 W 7$. 72 Inst. 98-80118649 1 oa �� I I R.P.R.D.C.T. ! p 1 L 199-27' THENCE S 64°51 '10"W, 213.57 FEET, OVER AND ACROSS SAID HW 2421 TRACT. I N A ni r L2 S000 32' 53 E 25. 20 e s ° L3 S500 57' 18"W 12. 08' I I � ,� I Z �` LC' 529 10'36"W POND; o L i + 1 197.23 � ❑ U ❑ v L4 500° 32' 53"E 45. 96' �' G+3 11 THENCE S r80°32'48"W. 304.04 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP L5 S00° 31 ' 4 7"E 57- 12' ! ! 1 IRS -_ STAMPED PELOTON SET IN THE SOUTH LINE OF AFOREMENTIONED RETAIL ASSOCIATES TRACT. IR point o f AND THE BEGINNING OF A NON-TANGENT TO THE LEFT: L6 S75023' 35"E 33. 32' j ! i L7 S 117° 1 0' 079"W 32.91 ` ! I ° N$9° 59'49"E 1513.64' I !RS C2 IR� S1 45 97 9"w Beginning THENCE WITH THE SOUTH LINE OF SAID RETAIL TRACT THE FOLLOWING COURSES AND DISTANCES; L8 SV7o 1 0' 21 " 317-59f I / ❑ 56 49'15" I I WITH SAID NDN-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 312.52 FEET THROUGH r, . , , * R - 1215.00' ` 1 (Tract 1) , „ ' r• L9 N00 32 53 W 49.98 I �� i A CENTRAL ANGLE OF 43°51 24 , HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD o r, r / L - 1204.93' r I �•�" WHICH BEARS N 21°22'49"E, 304.95 FEET, TO A 5/8 INCH IRON RDD WITH PLASTIC CAP L 1 0 589 27 07 W 1 1 . 1 4 o , „ j w STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT: i LC N61 3512 E L11 N890 27' 07"E 16. 72' },� j o'�m 1156.1fi' L12 N89°27' 07"E 1 1 . 1 4' I ' �'� I WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL &10 HW 2421 Land L.P. , L 1 3 S890- 27' 07"W 16- 72' `` , I No j} 20'Public Utility 1 ANGLE OF 90°OD 00 , HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WH ICH BEARS / r °.D > Easement (Tract 2) r (Parcel 1) N 44°27'07"E. 42.43 FEET. TOA 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED j • r/ I o v_- N Vol.R42 7,P .T 908 li` f Ins R.P R D.C.T111 . „ " m !� PELOTON SET: w (Item log) „ r I �j° WESTLAKE RETAIL ASSOCIATES, L.T.D. j< ■' - 17° 3 ,3 „ "PELOTON" SET;170.26 FEET. TOA 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "_ INST. 98-80118649 I o 'I AI R - Z56 DO' SOD°32'S3"E. 49.98 FEET, TDA 518 INCH IRON ROD WITH PLASTIC CAP STAMPED L��en + w R.P.R.D.C.T. r , Ld I ? I J 1 Tract I ! a r 1 L 783.77' "PELOTON" SET ' LC- S0$ 39'06"W Iii rl 1 I N 89°27'07"E. 11 .14 FEET. TO 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED - SIGN -1; ' i � i � 69.337 Acres i � r 780.71' "PELOTON" SET, AT THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT: � M T2 TELEPHONE PEDESTAL xr � � "Na Buildings" TELEPHONE MANHOLE II � Li I 1R5 ����g� I ! ��S� WITH SAID NDN-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 33.89 FEET, THROUGH Z �tl}1 A CENTRAL ANGLE OF 11°06'00", HAVING A RADIUS OF 174.93 FEET, THE LONG CHORD v V) I! -C I 1 h D ��©S � I } l-To� Trio WHICH BEARS S 28°08'22"E, 33.84 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP � '� a a BURIED CABLE MARKER / TELEPHONE i a j �• �D��G��'D ougiafs 15•Hike & Bike _______________` _ __ �___ _ _ ! ��� �� ���� X W WATER MANHOLE I' Cj Cj ` 047 ������C� Voi.4247,Pg.2883__' 208'-Temporary Lake Construction Easement __µ �� - _� ���� �� STAMPED "PELOTON" SET; < r W I n +� I R.P.R.D.C.T. Vat.4247,Pg.2899 -- I S 89'27'07"W, 16.72 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT: Lx.! � ~ PIPELINE MARKER Q (Item 10e) R.P.R.D.C.T. -•� I L� co ! I LJ _ - (item }Of) D� o i it I I THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 205.35 FEET, o `�L LIGHT POLE I a j ❑ - 67 3155 S89" 27'07„W / l w THROUGH A CENTRAL ANGLE OF 60'21 '43". HAVING A RADIUS OF 194.92 FEET. THE LONG CHORD `� Z Q� POWER PALE --- - - �� R - 408.`29' -- ,- Poll1t,_Df I I 3 WHICH BEARS S 60°53'56"E. 195.99 FEET TO THE POINT OF BEGINNING AND CONTAINING 78,498 U Z � Sb APPROXIMATE SURVEY LASE S . I o �� , -170.26-RSI 1 p_ SOUARE FEET OR 1 .802 ACRES OF LAND M❑RE OR LESS. � 'V SERVICE POLE SF' N ^7 L ' 4$1.23 ■ l j 40'Temporary Construction I � � !- v `r NN ^} 1 LC' S33° 13'04"W C5 6 Beginning; EasVa1�424THPg.8831ke) IRS 0 r Q Z GUIDE WIRE ��[�F!Il�� + �4 453.$6' ' r L10 C6� (Tract 3) R.P.R.D.C.T. ° : _ � o •� IRS I 00D 0 GAS MANHOLE ����� ��� i PIK I ; I+ I Tract L11 `. --___ � (Item Toe) --- 1 acv 0 Z O SIGNAL BOX �7�69g ������ I ����� NAIL I _ i 1 11 3 / y I -L1-� �� ��_--1 Point of NOTES: v7 Z m p { / 1 (SEE DETAIL A ) I -_-F_on Pork!-_ _ -� - , �aSs�C� "�iugvIR ! s°� ' NN i �" � ?'�' HW 2421 Lard L.P. _ - L2 ! __ - Pond .Fond Conunencing ILL! SIGNAL POLE I ��(<',� j 92 I f _ f �L r"(Parcell] `- and (Tract 3} 1. THIS SURVEY WAS PERF❑RMED WITH THE BENEFIT OF A COMMITMENT OF � r� � � � �2� 6�. NNN l I ��� ■ ■ inst.# 2009-55583 S89a 27'07"W I ' S$9° 27'07"� THE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY [j R.P.R.D.C.T. 194.11' j 127.87, I UNDER GF NUMBER 1 402-1 71 1 31-RTI. AND HAVING AN EFFECTIVE DATE OF ss j ` 'N. �� rf,■ S64° 51'10"W ❑ ;- 79° 36'02" MARCH 14, 2016, ISSUED APRIL 8, 2016, AND WAS RELIED ON FOR 1 S22 � ° 3`x,48„W Pond 213.571 R - 211.21' f EASEMENTS AND OTHER MATTERS OF RECORD. a I- I Margaret B. Lee a��. PK 20'Public Utility �- , IRS rj$0 % ----------------- Q Lil DESCRIPTION 1175 t.# D208308067 N}�NAIL Easement {Tract Il Approximate 100-Year Flood lain S$9° Z7'07"W Pond .� 3D4.04 L 293.43 2. BASIS OF BEARINGS I5 THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL. TRACT 1 C.R.T.C.T. Vol.1247,Pg,2908 9 APP p 11 32.96' , -- � ,6��t NW 2421 Land L.P. LC- S890 27'07"W I ZONE 4202, NAD83. M O ' di itized from Flood Insurance afe Ma !Parcell] ` J R.P.R.D.C.T. - V1 z No.48121CO655G,Revised April 18th,2011 270.40' 1 Q ~ Z BEING A TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393 AND THE JESSE ° I� �� (item IOg) r IIR IRS L 3 Inst.* 2009-55583 I 3. ALL CORNERS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP STAMPED SUTTON SURVEY, ABSTRACT NUMBER 1 154, DENT❑N COUNTY. TEXAS AND BEING A PORT ION OF THAT TRACT N41 18 25 _ _J ___-_ _ ---- ___ - ,__ ----i- C1 R.P.R.D.C.T. I. ' "PELOTON" UNLESS OTHERWISE NOTED. Z OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL ASSOCIATES, LTD. RECORDED IN INSTRUMENT NUMBER 147.59' PK --` ` !- ---__ L14 _ _ _ _________ __ ___ ___I -------------- ' ' � 98-RO118649 OF REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED NAIL �1R5 N89* 54`10"W 598.42' 185 L4 - - - - i "7 ° , „ 4. 100 YEAR FLOOD PLAIN LINE DOES AFFECT SUBJECT TRACT AS DETERMINED C) LLL < BY METES AND BOUNDS AS FOLLOWS: �• Ift5 N$9°2 7'0 7" SOD 3 2 53 E FROM DIGITIZED FLOOD INSURANCE RATE MAP NUMBER 48121CO655 G Q V) k 0-11m I , 49.98' REVISED DATE OF APRIL 18, 2011 . THE SURVEYOR ASSUMES NO LIABILITY '- COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON", SET AT THE NORTHEAST ❑ - 03° 5 5'08" �° fIW 2421 Land L.P. j CS ,2fi IRS IRS FOR THAT MAP. ¢ a m CORNER OF SAID RETAIL ASSOCIATES TRACT, IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY R 1882.50' (Parcell' IRS oC 114 (A VARIABLE WIDTH RIGHT-OF-WAY): , fast.* 2009-55583 -- ---------------'_ - ------� 112 C9 5. NUMBERED TRACTS (TRACT 1 ) LISTED IN THE NOTES BELOW ARE SHOWN Z = r Ld L ` 128.76 9s R.P.R.D.C.T. Town of West Lake ' j` Tract 3 L13 ❑N THE FACE OF THE MAP FOR REFERENCE ONLY. Q Ld 23 THENCE S 17`25'21 "W. 431-19 FEET. WITH THE EAST LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH LC- S8$° 0$'16"W Z I Inst." D208013338 I ; l� 0 IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE POINT OF BEGINNING; I.s 02 IRS 6. RESTRICTIVE COVENANTS RECORDED IN VOLUME 4247, PAGE 2837 OF THE �� 128.73 C.R.T.C.T. !j Acres L-- ------- ---- -- -- -- - - _ _ _ _ _ _ _ D_vgTO_N_Cfl_U_�I91'__ a THENCE WITH THE EAST AND SOUTH LINE OF SAID RETAIL TRACT THE FOLLOWING COURSES AND DISTANCES: Y T - "" "- f - - - I` _ T �� - Begh Point ❑f COUNTY RECORDS, DENTON COUNTY, TEXAS. AFFECT THE SUBJECT TRACT �� APPROXIMATE SURVEY LINE �( ' TARRRNfCo((1VtY 11 B@ AS SHOWN. RESTRICTIVE COVENANTS RECORDED IN CC# 95-ROO29595 OF THE ~ Z I C4 C10 gig' COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS TRACT I AND 2, AND IS � az 0 17025'21 "W. 45.97 FEET. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT I I` NW 2421 Land L.P. 11� IRS BLANKET IN NATURE. [ ITEM 61l Z Q THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET. THROUGH A CENTRAL ANGLE OF (Parael1) 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WHICH BEARS S 44'27107"W, 42.43 Inst.'s 2009-55583 °�J���'�' 7. EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN m � m WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 783.77 FEET, THROUGH A CENTRAL ANGLE OF FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; R P.R°D.C.T aa� rL'N�' VOLUME 3144, PAGE 359 OF THE COUNTY RECORDS, DENTON COUNTY. Z 17032'30", HAVING A RADIUS OF 2560.00 FEET, THE LONG CHORD WHICH BEARS S 08°39'06"W. 780.71 TEXAS, AFFECTS TRACT 2 AS SHOWN. ( ITEM 10d) n " " FEET. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED PEL❑TON ' SET; 5 00032'53"E. 45.96 FEET, TO A 518 INCH IRON R❑❑ WITH PLASTIC CAP STAMPED PELOTON SET; , IRS 1!�$ W 0 4.0 4 AGREEMEN8. T RI;BORDEDIKE RINLVD�UMER4247�NPAGE52883TOFNTHEECOUNTYEMENT J Q r n " ,r IRS 11 < S QO°07 09 E. AT 110.00 FEET A 5/8 INCH IRON WITH PLASTIC CAP, SET AS WITNESS, IN ALL, 245.16 N 89'54'10"W, 898.42 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED PELOTQN SET Oo �j'z (- FEET, TO THE SOUTHEAST CORNER OF SAID WESTLAKE RETAIL TRACT, IN A POND; AT THE BEGINNING OF A CURVE TO THE LEFT; S$ RECORDS, DENTON COUNTY. TEXAS, AFFECTS TRACT 1 AS SHOWN. ( ITEM 10e) S 89°27'07"W. 127.87 FEET. DEPARTING SAID EAST LINE, TO THE BEGINNING OF A NON-TANGENT WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 128.76 FEET, THROUGH A CENTRAL ANGLE OF DESCRIPTION DETAIL ''All 9. TEMPORARY LAKE CONSTRUCTION EASEMENT AGREEMENT RECORDED IN � CURVE TO THE RIGHT. IN A POND; 03°55'08". HAVING A RADIUS OF 1882.50 FEET, THE LONG CHORD WHICH BEARS S 88'08'16"W, TRACT 2 VOLUME 4247, PAGE 2899 OF THE COUNTY RECORDS, DENTON COUNTY. 128.73 FEET. TO A PK NAIL WITH WASHER STAMPED "PELOTON" SET AT THE SOUTHWEST CORNER OF THE TEXAS, AFFECTS TRACT 2 AS SHOWN. ( ITEM 10f) WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET. THROUGH A CENTRAL AFOREMENTIONED WESTLAKE RETAIL TRACT= BEING A TRACT OF LAND SITUATED IN THE JESSE SUTTON SURVEY. ABSTRACT NUMBER- 1154, 10. UNDERGROUND UTILITY EASEMENT AGREEMENT RECORDED IN VOLUME ANGLE OF 79°36'02". HAVING A RADIUS OF 217 .21 FEET, THE LONG CHORD WHICH BEARS S 89°27'07"W, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED 270.40 FEET, IN A POND; THENCE N 41°18'25"W, 147.59 FEET, WITH THE WEST LINE OF SAID RETAIL TRACT, TO A PK NAIL WITH TO WESTLAKE RETAIL ASSOCIATES. LTD. (RECORDED IN INSTRUMENT NUMBER 98-80118649, -- 4247. PAGE 2908 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, WASHER STAMPED "PELOTON" SET: REAL PROPERTY RECORDS DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY AFFECTS TRACT 1 AND 2 A5 SHOWN. ( ITEM 1Og) S 89'27'07"W, 78.72 FEET, IN A POND: DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THENCE N 56°49'26"W, 522.90 FEET, CONTINUING WITH SAID WEST LINE, TO A PK {NAIL WITH WASHER 11 . AGRICULTURAL LEASE RECORDED IN VOLUME 4247. PAGE 2920 OF THE S 00°32'53"E, 25.20 FEET, IN A POND; STAMPED "PELOTON" SET; COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET, AT THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS TRACTS 1 AND 2. AND NORTHEAST CORNER OF SAID RETAIL TRACT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF IS BLANKET IN NATURE. ( ITEM 10h) �, S 89'27'07"W. 194.11 FEET, LEAVING SAID POND. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED THENCE N 33°10'34"E. 455.15 FEET, DEPARTING SAID WEST LINE, TO A 5/8 INCH IRON ROD WITH PLASTIC STATE HIGHWAY 114 (A VARIABLE WIDTH RIGHT-OF-WAY): Zco "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; 12. TERMS, PROVISIONS, CONDITIONS, OBLIGATIONS, ASSESSMENTS AND LIENS � cv THENCE N 75°23'35"W, 9.47 FEET, WITH THE NORTH LINE OF SAID RETAIL TRACT AND SAID RECORDED IN VOLUME 4247, PAGE 2837 OF THE COUNTY RECORDS, DENTON Z19 WITH SAID CURVE TO THE RIGHT. AN ARC DISTANCE OF 205.35 FEET, THROUGH A CENTRAL ANGLE OF THENCE WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 1204.93 FEET, THROUGH A CENTRAL ANGLE OF SOUTHERLY RIGHT-OF-WAY, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED COUNTY, TEXAS, AFFECTS TRACTS 1 AND 2, AND IS BLANKET IN NATURE. 0 ti 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE LONG CHORD WHICH BEARS N 60°53'56"W. 195.99 56'49'15". HAVING A RADIUS OF 1215.00 FEET. THE LONG CHORD WHICH BEARS N 61035'12"E. 1156. 16 FEET. "PELOTON". SET FOR THE POINT OF BEGINNING; ( ITEM 101 ) _ co FEET. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; 0 THENCE S 17010'09"W- 32.91 FEET, DEPARTING SAID COMMON LINE. OVER AND ACROSS SAID 13. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS. WITH WAIVER OF N 89°27'07"E. 16.72 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THENCE N 89°59'49"E, 1513.64 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON RETAIL TRACT, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET: SURFACE RIGHTS, CONTAINED IN SPECIAL WARRANTY DEEDS RECORDED IN THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT: SET. AT THE BEGINNING OF A CURVE TO THE LEFT: VOLUME 4247, PAGE 2876 AND VOLUME 4247. PAGE 2869 OF THE COUNTY � X THENCE OVER AND ACROSS SAID RETAIL TRACT THE FOLLOWING COURSES AND DISTANCES RECORDS. DENTON COUNTY, TEXAS AFFECTS TRACTS 1 AND 2, AND IS WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH A CENTRAL THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 303.92 FEET, THROUGH A CENTRAL ANGLE OF BLANKET IN NATURE. ( ITEM 10j } 0 � Z ANGLE OF 11006'00", HAVING A RADIUS OF 174.93 FEET, THE LONG CHORD WHICH SEARS N 28008'22"W. 33"59'06", HAVING A RADIUS OF 592.38 FEET, THE LONG CHORD WHICH BEARS N 73°00'16"E. 299.48 FEET, S 13026'29"W- 91 .19 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED v) _j M 33.84 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET: TO THE POINT OF BEGINNING AND CONTAINING 3,020,327 SQUARE FEET OR 69.337 ACRES OF LAND MORE OR LESS. "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT: 14. WATER AND ALL RIGHTS PRIVILEGES AND IMMUNITIES TO INDEPENDENCE WATER � LU EN RECORDED IN INSTRUMENT NUMBER 2011-59708. COUNTY RECORDS, DENTON COUNTY. rr] S 89°27'07"W, 11.14 FEET, TO A 5/8 INCH IRON RDD WITH PLASTIC CAP STAMPED "PELOTON" SET; WITH SAID CURVE TO THE RIGHT. AN ARC DISTANCE OF 199.27 FEET, THROUGH A TEXAS, AFFECTS TRACT 3. ( ITEM 10m) m a CENTRAL ANGLE OF 28°28'29". HAVING A RADIUS OF 400.97 FEET, THE LONG CHORD WHICH r Q N 00°32'53"W. 49.98 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET: SURVEYORS CERTIFICATION BEARS S 29010'36"W. 197.23 FEET TO A 5/8 INCH IRON ROD STAMPED "PELOTON" SET AT 15. MINERAL LEASE TOGETHER WITH ALL RIGHTS, PRIVILEGES AND IMMUNITIESuj UU � THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; RECORDED IN INSTRUMENT NUMBER 2012-31094, COUNTY RECORDS, DENTON COUNTY u~i T S 89°27'07"W. 170.26 FEET, TG A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET. TO: REPUBLIC TITLE OF TEXAS, INC., AS AGENT FOR FIRST AMERICAN TITLE TEXAS. AFFECTS TRACT 1 . 2 AND 3. ( ITEM 1On) an J p� AT THE BEGINNING OF A CURVE TO THE LEFT: INSURANCE COMPANY; CS KINROSS LAKE PARKWAY LLC, A DELAWARE LIMITED WITH SAID NON-TANGENT CURVE TQ THE RIGHT. AN ARC DISTANCE DF 223.54 FEET. TWRQUGH LIABILITY COMPANY; AND FIRST AMERICAN TITLE INSURANCE COMPANY, A CENTRAL ANGLE OF 31003'30", HAVING A RADIUS OF 412.38 FEET, THE LONG CHORD WHICH 16. MINERAL ESTATE AND INTEREST IN COAL- LIGNITE AND OTHER MINERALS RECORDED WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL ANGLE OF BEARS S 62°53'41"W, 220.81 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED IN VOLUME 5298, PAGE 2153, COUNTY RECORDS, DENTON COUNTY, TEXAS. AFFECTS TRACTS 0 " , 90'00'00", HAVING A RADIUS OF 30.00 FEET. THE LONG CHORD WHICH BEARS S 44'27'07"W, 42.43 THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH PELOTON SET; 1. 2 AND 3. ( ITEM 10o) .+.°..°. L FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD :::900 *40 17. LOCATIONS OF EXISTING UTILITIES ARE FROM VISIBLE SURFACE EVIDENCE ONLY. •'• ••"• ry CURVE TO THE RIGHT: DETAIL REQUIREMENTS FOR ALTA/HSPS LAND TITLE SURVEYS, JOINTLY ESTA8LISHED N 00011 '03"W, 581.69 FEET TOA TXDOT MONUMENT FOUND IN THE SOUTH RIGHT-OF-WAY AND ADOPTED BY ALTA AND N5PS, AND INCLUDES ITEMS 1. 2, 4. 7. 8, 9, LINE OF AFOREMENTIONED STATE HIGHWAY 114: ,r, Cfl WITH SAID CURVE TO THE RIGHT, AT AN ARC LENGTH OF 312.52 FEET A 5/8 INCH IRON ROD WITH 11 , AND 14 OF TABLE A THEREOF. I PLASTIC CAP STAMPED "PELOTON" SET, AS WITNESS, IN ALL AN ARC DISTANCE OF 481 .23 FEET, f7�y.� 5 67°10'21"E, 317.59 FEET, WITH SAID SOUTH RIGHT-OF-WAY LINE, TO A TEXAS DEPARTMENT AN ALTA / NSPS LAND TITLE SURVEY SHEET raj THROUGH A CENTRAL ANGLE OF 67°31 '55", HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD WHICH THE FIELDWORK WAS COMPLETED APRIL 8. 2016. •� �°'-...`*9� OF TRANSPORTATION (HEREINAFTER CALLER TXDOT) DISK IN CONCRETE, FOUND C_ 0 BEARS S 33"13'04"W. 453.86 FEET, IN A POND; ��4 CO.%%b 4a, Q S 50°57'18"W. 12.08 FEET, IN A POND; - [ _/ � �.. .•N-"�' 5 MONUM00'31ENT 4FOE. 57.12 FEET, CONTINUING WITH SAID SOUTH RIGHT-OF-WAY LINE, TO A TXDDT 74. 131 Acres tyGg MONiIIkENT F❑(}1VD; _ ,r TODD A. BRIDGES •• A�� -r v� S 89°27 07 W. 32.96 FEET, LEAVING SAID POND, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED REGISTERED PROFESSIONAL LAND SURVEYOR ,•� gg+�L1 �Y THENCE S 75'23'35"E. 33.32 FEET, CONTINUING WITH SAID SOUTH RIGHT-OF-WAY LINE. TO THE QE LAND BEING THREE TRACTS OF LAND SITUATED I N THE RICHARD FADS SURVEY, mD PELOTON SET AT THE BEGINNING OF A CURVE 70 THE LEFT: TEXAS REGISTRATION Na. 4940 :tiafi sg�o ��' POINT OF BEGINNING AND CONTAINING 730.34E SQUARE FEET OR 2.992 ACRES OF LAND MORE OR LESS. ABSTRACT NUMBER 393 , THE JESSE SUTTON SURVEY, ABSTRACT NUMBER 1154 AND THE t4�,a A ��,rc'�� OF SHEETS c� J . BACON SURVEY ABSTRACT NUMBER 1565 , DENTON COUNTY, TEXAS TRACT 3 1.802 ACRES TRACT 2 2.992 ACRES TRACT 1 69.337 ACRES K:\DAL_CIVIL\NO_PROJ\_PERSONAL\MOSS\PROJECT BLIZZARD\20160909_AERIAL EXHIBIT\20161019_BLIZZARD AERIAL W PROP FLOOD PLAIN EXHIBIT.DWG 10/19/2016 2:18 PM12750 MERIT DRIVE, SUITE 1000, DALLAS, TX 75251 PHONE: 972-770-1300 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 ‹.,0/(<+251$1'$662&,$7(6,1& WESTLAKE, TEXAS OCTOBER 2016 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. NORTH BOUNDARY EXHIBIT DESCRIPTION BEING A CERTAIN TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, LP RECORDED IN INSTRUMENT NUMBER 2009-S5S83 OF THE OFFICIAL PUBLIC RECORDS, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT AREA DEFINED AS THE "LAKE AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND EASEMENTS RECORDED IN VOLUME 4247, PAGE 2837, SAID PUBLIC RECORDS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SETAT THE NORTHEAST CORNER OF SAID LAKE AREA TRACT AND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL ASSOCIATES, LTD RECORDED IN INSTRUMENT NUMBER 98-RO118649 SAID PUBLIC RECORDS; THENCE S 89°27'07"W, 127.87 FEET, WITH THE NORTH LINE OF SAID LAKE ARE AND THE SOUTH LINE OF SAID WESTLAKE RETAILTRACT, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID NORTH LINE AND SAID SOUTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET, THROUGH A CENTRAL ANGLE OF 79°36102", HAVING A RADIUS OF 211.21 FEET, THE LONG CHORD WHICH BEARS S 89°27'07"W, 270.40 FEET TO A S/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 78.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 00°32'53"E, 25.20 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 194.11 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE POINT OF BEGINNING AND AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE CONTINUING WITH SAID SOUTH LINE AND SAID NORTH LINE THE FOLLOWING COURSES AND DISTANCES; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 205.35 FEET, THROUGH A CENTRAL ANGLE OF 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE LONG CHORD WHICH BEARS N 60°53'56"W, 195.99 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; N 89°27'07"E, 16.72 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH A CENTRAL ANGLE OF 10°47'26", HAVING A RADIUS OF 179.93 FEET, THE LONG CHORD WHICH BEARS N 28°08'22"W, 33.84 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 11.14 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; N 00°32'53"W, 49.98 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; S 89°27'07"W, 170.26 FEET TO A S/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL ANGLE OF 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WHICH BEARS S 44°27'07"W, 42.43 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 312.52 FEET, THROUGH A CENTRAL ANGLE OF 43°51'24", HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD WHICH BEARS S 21°22'48"W, 304.95 FEET TO A S/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; THENCE N 80°32'48"E, 304.03 FEET, DEPARTING SAID SOUTH LINE, OVER AND ACROSS AFOREMENTIONED HW 2421 TRACT TO A 5/8 INCH IRON ROD WITH CAP STAMPED "PELOTON" SET; THENCE N 64°51'12"E, 213.58 FEETTO THE POINT OF BEGINNING AND CONTAINING 79,499 SQUARE FEET OR 1.802 ACRES OF LAND MORE OR LESS. Ordinance 790 Exhibit E Resolution Expanding Neighborhood Empowerment Zone Town of Westlake Resolution No. 16-38 Schwabv3.6.3.16 -2�- TOWN OF WESTLAKE RESOLUTION NO. 16-38 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,AMENDING RESOLUTION 16-31, DESIGNATING NEIGHBORHOOD EMPOWERMENT ZONE#4 IN THE TOWN OF WESTLAKE,TARRANT AND DENTON COUNTIES,TEXAS,TO AMEND THE BOUNDARIES OF NEIGHBORHOOD EMPOWERMENT ZONE #4 IN THE TOWN OF WESTLAKE. WHEREAS, the Town Council ("Council") of the Town of Westlake, Texas, ("Town") approved Resolution 16-31 designating Neighborhood Empowerment Zone #4 in the Town of Westlake, Tarrant and Denton Counties, Texas, and WHEREAS, the Town and CS Kinross Lake Parkway a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc, ("Schwab") desire to amend the Economic Developer Agreement which sets out responsibility for Schwab and the Town as it relates to development in Westlake as established in Resolution 16-31, approved on August 22, 2016; WHEREAS, the Council desires to amend the boundaries of Neighborhood Empowerment Zone#4 in the Town of Westlake; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS: SECTION l: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby find and determine that: a) That the amending of Neighborhood Empowerment Zone ("Zone") would pro mote and increase in economic development in the Zone; b) the attached as Exhibit "A", shall be the property to be contained within the Zone and is incorporate herein in its entirety c) That the amendment and expansion of the Zone benefits and is for the public purpose of increase public health, safety and welfare of the person in the Town, and the expansion and amending of the Zone satisfied the requirements of Section 312. 202 of the Teas Tax Code. Resolution 16-38 Page 1 of 2 SECTION 3: That pursuant to Chapter 378 of the Texas Local Government Code, the Council hereby amends and expands the Zone in the earlier described Exhibit A, attached here to and incorporated herein. SECTION 4: That the Zone shall take effect on the 14th date of November 2016. SECTION 5: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 6: That this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision hereof and the Council here by determines that it would have adopted this Resolution without the invalid provision. PASSED AND APPROVED ON THIS 14TFI DAY OF NOVEMBER 2016. ATTEST: Laura L. Wheat, Mayor Kell Edw , Town Secretary Thomas Br n Mager APPROVED S TO FORM: A h L. ton Lo n Attorney 1 Resolution 16-38 Page 2 of 2 TRACT 3 1.802 ACRES TRACT 2 2.992 ACRES TRACT 1 69.337 ACRES K:\DAL_CIVIL\NO_PROJ\_PERSONAL\MOSS\PROJECT BLIZZARD\20160909_AERIAL EXHIBIT\20161019_BLIZZARD AERIAL W PROP FLOOD PLAIN EXHIBIT.DWG 10/19/2016 2:18 PM12750 MERIT DRIVE, SUITE 1000, DALLAS, TX 75251 PHONE: 972-770-1300 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 ‹.,0/(<+251$1'$662&,$7(6,1& WESTLAKE, TEXAS OCTOBER 2016 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. NORTH BOUNDARY EXHIBIT Res 16-38 Res 16-38 Exhibit F "Land" A�proximately 74.131 Acres Schwabv3.6.3.16 -24- CURVE TABLE N NO. DELTA RADIUS LENGTH BEARING DISTANCE DESCRIPTION C1 90000,00" 30.00' 47.12' S 44° 27'07" W 42.43' TRACT 3 v C2 3305910611 512.38' 303.92' N 730 00' 16" E 299.48' ��r C3 31003, 301, 432.38' 223.54' S 52°53' 41" W 220.Si' yY j7E BEING A TRACT OF LAND SITUATED IN THE RICHARD EARS SURVEY. ABSTRACT NUMBER 393, a T S C4 430 51' 24" 408.29' 312.52' N 210 22' 49" E 304.95' DENTON COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED TO HW 2421 LAND, L.P. , RECORDED IN INSTRUMENT NUMBER 2009-55583 OF THE Z° C5 90,00'00" 30.00, 47.12' S 440 2707" W 42.43' REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT AREA ° � ]7' C6 11°06`00" 174.93' 33.89' N 28°08'22" W 33.$4' q State HI DEFINED AS THE "LAKE AREA" IN THE DECLARATION OF COVENANTS, RESTRICTIONS AND �' S Vorr 9h�Ngy I EASEMENTS RECORDED IN VOLUME 4247, PAGE 2837, SAID PUBLIC RECORDS, AND BEING 0 E ]]� C7 fi0° 21'43" (94,92' 205.35' N 60°53'56" W 195.99' Ob le Wr afh RI 14 Point of MORE PARTICULARLY CULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: N C8 90°00'00" 30.00' 47.12' N 44° 27'07" E 42.43' _ ght-of- � 0 200 400 600 -____ Concr ! ivy) -� 0 C9 11006,001, 174.93' 33.89' S 28908'22" E 33.84' k ----=�� ����� @ Beginning COMMENCING AT THE SOUTHEAST CORNER, IN A POND, OF THAT TRACT OF LAND DESCRIBED m --` BY DEED TO WESTLAKE RETAIL ASSOCIATES, LTD. . RECORDED IN INSTRUMENT NUMBER C10 600 21'43" 194.92' 205.35' S 600 53'56" E 195.99' - � - fix _ (Tract 2) P�lllt Q 98-RO118649 OF REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING THE NORTHEAST GRAPHIC SCALE IN FEET �- `-_ Concrete CORNER OF SAID HW 2421 LANG TRACT; �■79 rBtB _ - 4a'Public Utllfty Easement 1 Fence _- Monument Commencing J Vol.4247,Pq 2808 I ` � _ �23- [Tract 1 & 2 THENCE WITH THE SOUTH LINE OF SAID WESTLAKE RETAIL TRACT, IN A POND, THE FOLLOWING W '{ 9. ' COURSES AND DISTANCES; R.P.R.D.C.T. 15'Southwestern Bell (Item log) Company Easement (Exhibit 8} a AREA TABLE - Bate Vol.3144.Pg.359 1 - �■ ci -' C.R.D.C.T. i - -�-' (item }Od I I eke S 89'27'07"W, 127.87 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE TO THE TRACT 1 69. 337 ACRES -- �-.� G RIGHT: N TRACT 2 2. 992 ACRES Al a-3, - ! [D Concretes r7 cn 5 ,�1 do' r Monument WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET. CD q� (D Q TRACT 3 1 . 802 ACRES .0 ! L6 S- `�"- THROUGH A CENTRAL ANGLE OF 79°36'02''. HAVING A RADIUS OF 211.21 FEET, THE '� 03 C1 Lo Tract 2 kfi8 1 1 7 � LONG CHORD WHICH BEARS S 89°27'07"W, 270.40 FEET; m 0 rrj J GROSS 74. 131 ACRES n� �,,;.�r ��-!- ! � L7lR � � Q m cv o Vicinity Map t� 1V�act' - � ` ! Ac2.res,.6S. �� • lRsl S13° 26'29"W 92 S 89027'07"W. 78.72 FEET: _ � r N LINE TABLE SC }ifs Landscape �� 1 a 91.19 5 00'32'53"E. 25.20 FEET; w I Easement 1 D� Vol.4247,Pg.2837 ❑ 28° 28'29" THENCE S 89°27'07"W, 194.1 1 FEET, LEAVING SAID POND, TO A 5/8 INCH IRON ROD m NO. BEARING DISTANCE i `' • r 7+ ° �� I P Westlake Rt.-I 9A RO1186 tes, L.T.D. ° (Item lot] 1 R ' 400.97' WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE POINT OF BEGINNING: m L1 589 27 07 W 7$. 72 Inst. 98-80118649 1 oa �� I I R.P.R.D.C.T. ! p 1 L 199-27' THENCE S 64°51 '10"W, 213.57 FEET, OVER AND ACROSS SAID HW 2421 TRACT. I N A ni r L2 S000 32' 53 E 25. 20 e s ° L3 S500 57' 18"W 12. 08' I I � ,� I Z �` LC' 529 10'36"W POND; o L i + 1 197.23 � ❑ U ❑ v L4 500° 32' 53"E 45. 96' �' G+3 11 THENCE S r80°32'48"W. 304.04 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP L5 S00° 31 ' 4 7"E 57- 12' ! ! 1 IRS -_ STAMPED PELOTON SET IN THE SOUTH LINE OF AFOREMENTIONED RETAIL ASSOCIATES TRACT. IR point o f AND THE BEGINNING OF A NON-TANGENT TO THE LEFT: L6 S75023' 35"E 33. 32' j ! i L7 S 117° 1 0' 079"W 32.91 ` ! I ° N$9° 59'49"E 1513.64' I !RS C2 IR� S1 45 97 9"w Beginning THENCE WITH THE SOUTH LINE OF SAID RETAIL TRACT THE FOLLOWING COURSES AND DISTANCES; L8 SV7o 1 0' 21 " 317-59f I / ❑ 56 49'15" I I WITH SAID NDN-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 312.52 FEET THROUGH r, . , , * R - 1215.00' ` 1 (Tract 1) , „ ' r• L9 N00 32 53 W 49.98 I �� i A CENTRAL ANGLE OF 43°51 24 , HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD o r, r / L - 1204.93' r I �•�" WHICH BEARS N 21°22'49"E, 304.95 FEET, TO A 5/8 INCH IRON RDD WITH PLASTIC CAP L 1 0 589 27 07 W 1 1 . 1 4 o , „ j w STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT: i LC N61 3512 E L11 N890 27' 07"E 16. 72' },� j o'�m 1156.1fi' L12 N89°27' 07"E 1 1 . 1 4' I ' �'� I WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL &10 HW 2421 Land L.P. , L 1 3 S890- 27' 07"W 16- 72' `` , I No j} 20'Public Utility 1 ANGLE OF 90°OD 00 , HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WH ICH BEARS / r °.D > Easement (Tract 2) r (Parcel 1) N 44°27'07"E. 42.43 FEET. TOA 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED j • r/ I o v_- N Vol.R42 7,P .T 908 li` f Ins R.P R D.C.T111 . „ " m !� PELOTON SET: w (Item log) „ r I �j° WESTLAKE RETAIL ASSOCIATES, L.T.D. j< ■' - 17° 3 ,3 „ "PELOTON" SET;170.26 FEET. TOA 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "_ INST. 98-80118649 I o 'I AI R - Z56 DO' SOD°32'S3"E. 49.98 FEET, TDA 518 INCH IRON ROD WITH PLASTIC CAP STAMPED L��en + w R.P.R.D.C.T. r , Ld I ? I J 1 Tract I ! a r 1 L 783.77' "PELOTON" SET ' LC- S0$ 39'06"W Iii rl 1 I N 89°27'07"E. 11 .14 FEET. TO 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED - SIGN -1; ' i � i � 69.337 Acres i � r 780.71' "PELOTON" SET, AT THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT: � M T2 TELEPHONE PEDESTAL xr � � "Na Buildings" TELEPHONE MANHOLE II � Li I 1R5 ����g� I ! ��S� WITH SAID NDN-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 33.89 FEET, THROUGH Z �tl}1 A CENTRAL ANGLE OF 11°06'00", HAVING A RADIUS OF 174.93 FEET, THE LONG CHORD v V) I! -C I 1 h D ��©S � I } l-To� Trio WHICH BEARS S 28°08'22"E, 33.84 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP � '� a a BURIED CABLE MARKER / TELEPHONE i a j �• �D��G��'D ougiafs 15•Hike & Bike _______________` _ __ �___ _ _ ! ��� �� ���� X W WATER MANHOLE I' Cj Cj ` 047 ������C� Voi.4247,Pg.2883__' 208'-Temporary Lake Construction Easement __µ �� - _� ���� �� STAMPED "PELOTON" SET; < r W I n +� I R.P.R.D.C.T. Vat.4247,Pg.2899 -- I S 89'27'07"W, 16.72 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT: Lx.! � ~ PIPELINE MARKER Q (Item 10e) R.P.R.D.C.T. -•� I L� co ! I LJ _ - (item }Of) D� o i it I I THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 205.35 FEET, o `�L LIGHT POLE I a j ❑ - 67 3155 S89" 27'07„W / l w THROUGH A CENTRAL ANGLE OF 60'21 '43". HAVING A RADIUS OF 194.92 FEET. THE LONG CHORD `� Z Q� POWER PALE --- - - �� R - 408.`29' -- ,- Poll1t,_Df I I 3 WHICH BEARS S 60°53'56"E. 195.99 FEET TO THE POINT OF BEGINNING AND CONTAINING 78,498 U Z � Sb APPROXIMATE SURVEY LASE S . I o �� , -170.26-RSI 1 p_ SOUARE FEET OR 1 .802 ACRES OF LAND M❑RE OR LESS. � 'V SERVICE POLE SF' N ^7 L ' 4$1.23 ■ l j 40'Temporary Construction I � � !- v `r NN ^} 1 LC' S33° 13'04"W C5 6 Beginning; EasVa1�424THPg.8831ke) IRS 0 r Q Z GUIDE WIRE ��[�F!Il�� + �4 453.$6' ' r L10 C6� (Tract 3) R.P.R.D.C.T. ° : _ � o •� IRS I 00D 0 GAS MANHOLE ����� ��� i PIK I ; I+ I Tract L11 `. --___ � (Item Toe) --- 1 acv 0 Z O SIGNAL BOX �7�69g ������ I ����� NAIL I _ i 1 11 3 / y I -L1-� �� ��_--1 Point of NOTES: v7 Z m p { / 1 (SEE DETAIL A ) I -_-F_on Pork!-_ _ -� - , �aSs�C� "�iugvIR ! s°� ' NN i �" � ?'�' HW 2421 Lard L.P. _ - L2 ! __ - Pond .Fond Conunencing ILL! SIGNAL POLE I ��(<',� j 92 I f _ f �L r"(Parcell] `- and (Tract 3} 1. THIS SURVEY WAS PERF❑RMED WITH THE BENEFIT OF A COMMITMENT OF � r� � � � �2� 6�. NNN l I ��� ■ ■ inst.# 2009-55583 S89a 27'07"W I ' S$9° 27'07"� THE INSURANCE ISSUED BY FIRST AMERICAN TITLE INSURANCE COMPANY [j R.P.R.D.C.T. 194.11' j 127.87, I UNDER GF NUMBER 1 402-1 71 1 31-RTI. AND HAVING AN EFFECTIVE DATE OF ss j ` 'N. �� rf,■ S64° 51'10"W ❑ ;- 79° 36'02" MARCH 14, 2016, ISSUED APRIL 8, 2016, AND WAS RELIED ON FOR 1 S22 � ° 3`x,48„W Pond 213.571 R - 211.21' f EASEMENTS AND OTHER MATTERS OF RECORD. a I- I Margaret B. Lee a��. PK 20'Public Utility �- , IRS rj$0 % ----------------- Q Lil DESCRIPTION 1175 t.# D208308067 N}�NAIL Easement {Tract Il Approximate 100-Year Flood lain S$9° Z7'07"W Pond .� 3D4.04 L 293.43 2. BASIS OF BEARINGS I5 THE TEXAS COORDINATE SYSTEM, NORTH CENTRAL. TRACT 1 C.R.T.C.T. Vol.1247,Pg,2908 9 APP p 11 32.96' , -- � ,6��t NW 2421 Land L.P. LC- S890 27'07"W I ZONE 4202, NAD83. M O ' di itized from Flood Insurance afe Ma !Parcell] ` J R.P.R.D.C.T. - V1 z No.48121CO655G,Revised April 18th,2011 270.40' 1 Q ~ Z BEING A TRACT OF LAND SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393 AND THE JESSE ° I� �� (item IOg) r IIR IRS L 3 Inst.* 2009-55583 I 3. ALL CORNERS SET ARE 5/8 INCH IRON RODS WITH PLASTIC CAP STAMPED SUTTON SURVEY, ABSTRACT NUMBER 1 154, DENT❑N COUNTY. TEXAS AND BEING A PORT ION OF THAT TRACT N41 18 25 _ _J ___-_ _ ---- ___ - ,__ ----i- C1 R.P.R.D.C.T. I. ' "PELOTON" UNLESS OTHERWISE NOTED. Z OF LAND DESCRIBED BY DEED TO WESTLAKE RETAIL ASSOCIATES, LTD. RECORDED IN INSTRUMENT NUMBER 147.59' PK --` ` !- ---__ L14 _ _ _ _________ __ ___ ___I -------------- ' ' � 98-RO118649 OF REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED NAIL �1R5 N89* 54`10"W 598.42' 185 L4 - - - - i "7 ° , „ 4. 100 YEAR FLOOD PLAIN LINE DOES AFFECT SUBJECT TRACT AS DETERMINED C) LLL < BY METES AND BOUNDS AS FOLLOWS: �• Ift5 N$9°2 7'0 7" SOD 3 2 53 E FROM DIGITIZED FLOOD INSURANCE RATE MAP NUMBER 48121CO655 G Q V) k 0-11m I , 49.98' REVISED DATE OF APRIL 18, 2011 . THE SURVEYOR ASSUMES NO LIABILITY '- COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON", SET AT THE NORTHEAST ❑ - 03° 5 5'08" �° fIW 2421 Land L.P. j CS ,2fi IRS IRS FOR THAT MAP. ¢ a m CORNER OF SAID RETAIL ASSOCIATES TRACT, IN THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY R 1882.50' (Parcell' IRS oC 114 (A VARIABLE WIDTH RIGHT-OF-WAY): , fast.* 2009-55583 -- ---------------'_ - ------� 112 C9 5. NUMBERED TRACTS (TRACT 1 ) LISTED IN THE NOTES BELOW ARE SHOWN Z = r Ld L ` 128.76 9s R.P.R.D.C.T. Town of West Lake ' j` Tract 3 L13 ❑N THE FACE OF THE MAP FOR REFERENCE ONLY. Q Ld 23 THENCE S 17`25'21 "W. 431-19 FEET. WITH THE EAST LINE OF SAID WESTLAKE RETAIL TRACT, TO A 5/8 INCH LC- S8$° 0$'16"W Z I Inst." D208013338 I ; l� 0 IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE POINT OF BEGINNING; I.s 02 IRS 6. RESTRICTIVE COVENANTS RECORDED IN VOLUME 4247, PAGE 2837 OF THE �� 128.73 C.R.T.C.T. !j Acres L-- ------- ---- -- -- -- - - _ _ _ _ _ _ _ D_vgTO_N_Cfl_U_�I91'__ a THENCE WITH THE EAST AND SOUTH LINE OF SAID RETAIL TRACT THE FOLLOWING COURSES AND DISTANCES: Y T - "" "- f - - - I` _ T �� - Begh Point ❑f COUNTY RECORDS, DENTON COUNTY, TEXAS. AFFECT THE SUBJECT TRACT �� APPROXIMATE SURVEY LINE �( ' TARRRNfCo((1VtY 11 B@ AS SHOWN. RESTRICTIVE COVENANTS RECORDED IN CC# 95-ROO29595 OF THE ~ Z I C4 C10 gig' COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS TRACT I AND 2, AND IS � az 0 17025'21 "W. 45.97 FEET. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT I I` NW 2421 Land L.P. 11� IRS BLANKET IN NATURE. [ ITEM 61l Z Q THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET. THROUGH A CENTRAL ANGLE OF (Parael1) 90°00'00", HAVING A RADIUS OF 30.00 FEET, THE LONG CHORD WHICH BEARS S 44'27107"W, 42.43 Inst.'s 2009-55583 °�J���'�' 7. EASEMENT TO SOUTHWESTERN BELL TELEPHONE COMPANY RECORDED IN m � m WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 783.77 FEET, THROUGH A CENTRAL ANGLE OF FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; R P.R°D.C.T aa� rL'N�' VOLUME 3144, PAGE 359 OF THE COUNTY RECORDS, DENTON COUNTY. Z 17032'30", HAVING A RADIUS OF 2560.00 FEET, THE LONG CHORD WHICH BEARS S 08°39'06"W. 780.71 TEXAS, AFFECTS TRACT 2 AS SHOWN. ( ITEM 10d) n " " FEET. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED PEL❑TON ' SET; 5 00032'53"E. 45.96 FEET, TO A 518 INCH IRON R❑❑ WITH PLASTIC CAP STAMPED PELOTON SET; , IRS 1!�$ W 0 4.0 4 AGREEMEN8. T RI;BORDEDIKE RINLVD�UMER4247�NPAGE52883TOFNTHEECOUNTYEMENT J Q r n " ,r IRS 11 < S QO°07 09 E. AT 110.00 FEET A 5/8 INCH IRON WITH PLASTIC CAP, SET AS WITNESS, IN ALL, 245.16 N 89'54'10"W, 898.42 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED PELOTQN SET Oo �j'z (- FEET, TO THE SOUTHEAST CORNER OF SAID WESTLAKE RETAIL TRACT, IN A POND; AT THE BEGINNING OF A CURVE TO THE LEFT; S$ RECORDS, DENTON COUNTY. TEXAS, AFFECTS TRACT 1 AS SHOWN. ( ITEM 10e) S 89°27'07"W. 127.87 FEET. DEPARTING SAID EAST LINE, TO THE BEGINNING OF A NON-TANGENT WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 128.76 FEET, THROUGH A CENTRAL ANGLE OF DESCRIPTION DETAIL ''All 9. TEMPORARY LAKE CONSTRUCTION EASEMENT AGREEMENT RECORDED IN � CURVE TO THE RIGHT. IN A POND; 03°55'08". HAVING A RADIUS OF 1882.50 FEET, THE LONG CHORD WHICH BEARS S 88'08'16"W, TRACT 2 VOLUME 4247, PAGE 2899 OF THE COUNTY RECORDS, DENTON COUNTY. 128.73 FEET. TO A PK NAIL WITH WASHER STAMPED "PELOTON" SET AT THE SOUTHWEST CORNER OF THE TEXAS, AFFECTS TRACT 2 AS SHOWN. ( ITEM 10f) WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 293.43 FEET. THROUGH A CENTRAL AFOREMENTIONED WESTLAKE RETAIL TRACT= BEING A TRACT OF LAND SITUATED IN THE JESSE SUTTON SURVEY. ABSTRACT NUMBER- 1154, 10. UNDERGROUND UTILITY EASEMENT AGREEMENT RECORDED IN VOLUME ANGLE OF 79°36'02". HAVING A RADIUS OF 217 .21 FEET, THE LONG CHORD WHICH BEARS S 89°27'07"W, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED BY DEED 270.40 FEET, IN A POND; THENCE N 41°18'25"W, 147.59 FEET, WITH THE WEST LINE OF SAID RETAIL TRACT, TO A PK NAIL WITH TO WESTLAKE RETAIL ASSOCIATES. LTD. (RECORDED IN INSTRUMENT NUMBER 98-80118649, -- 4247. PAGE 2908 OF THE COUNTY RECORDS, DENTON COUNTY, TEXAS, WASHER STAMPED "PELOTON" SET: REAL PROPERTY RECORDS DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY AFFECTS TRACT 1 AND 2 A5 SHOWN. ( ITEM 1Og) S 89'27'07"W, 78.72 FEET, IN A POND: DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THENCE N 56°49'26"W, 522.90 FEET, CONTINUING WITH SAID WEST LINE, TO A PK {NAIL WITH WASHER 11 . AGRICULTURAL LEASE RECORDED IN VOLUME 4247. PAGE 2920 OF THE S 00°32'53"E, 25.20 FEET, IN A POND; STAMPED "PELOTON" SET; COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET, AT THE COUNTY RECORDS, DENTON COUNTY, TEXAS, AFFECTS TRACTS 1 AND 2. AND NORTHEAST CORNER OF SAID RETAIL TRACT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF IS BLANKET IN NATURE. ( ITEM 10h) �, S 89'27'07"W. 194.11 FEET, LEAVING SAID POND. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED THENCE N 33°10'34"E. 455.15 FEET, DEPARTING SAID WEST LINE, TO A 5/8 INCH IRON ROD WITH PLASTIC STATE HIGHWAY 114 (A VARIABLE WIDTH RIGHT-OF-WAY): Zco "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT; 12. TERMS, PROVISIONS, CONDITIONS, OBLIGATIONS, ASSESSMENTS AND LIENS � cv THENCE N 75°23'35"W, 9.47 FEET, WITH THE NORTH LINE OF SAID RETAIL TRACT AND SAID RECORDED IN VOLUME 4247, PAGE 2837 OF THE COUNTY RECORDS, DENTON Z19 WITH SAID CURVE TO THE RIGHT. AN ARC DISTANCE OF 205.35 FEET, THROUGH A CENTRAL ANGLE OF THENCE WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 1204.93 FEET, THROUGH A CENTRAL ANGLE OF SOUTHERLY RIGHT-OF-WAY, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED COUNTY, TEXAS, AFFECTS TRACTS 1 AND 2, AND IS BLANKET IN NATURE. 0 ti 60°21'43", HAVING A RADIUS OF 194.92 FEET, THE LONG CHORD WHICH BEARS N 60°53'56"W. 195.99 56'49'15". HAVING A RADIUS OF 1215.00 FEET. THE LONG CHORD WHICH BEARS N 61035'12"E. 1156. 16 FEET. "PELOTON". SET FOR THE POINT OF BEGINNING; ( ITEM 101 ) _ co FEET. TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET; 0 THENCE S 17010'09"W- 32.91 FEET, DEPARTING SAID COMMON LINE. OVER AND ACROSS SAID 13. RESERVATION OF ALL OIL, GAS AND OTHER MINERALS. WITH WAIVER OF N 89°27'07"E. 16.72 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THENCE N 89°59'49"E, 1513.64 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON RETAIL TRACT, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET: SURFACE RIGHTS, CONTAINED IN SPECIAL WARRANTY DEEDS RECORDED IN THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT: SET. AT THE BEGINNING OF A CURVE TO THE LEFT: VOLUME 4247, PAGE 2876 AND VOLUME 4247. PAGE 2869 OF THE COUNTY � X THENCE OVER AND ACROSS SAID RETAIL TRACT THE FOLLOWING COURSES AND DISTANCES RECORDS. DENTON COUNTY, TEXAS AFFECTS TRACTS 1 AND 2, AND IS WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 33.89 FEET, THROUGH A CENTRAL THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 303.92 FEET, THROUGH A CENTRAL ANGLE OF BLANKET IN NATURE. ( ITEM 10j } 0 � Z ANGLE OF 11006'00", HAVING A RADIUS OF 174.93 FEET, THE LONG CHORD WHICH SEARS N 28008'22"W. 33"59'06", HAVING A RADIUS OF 592.38 FEET, THE LONG CHORD WHICH BEARS N 73°00'16"E. 299.48 FEET, S 13026'29"W- 91 .19 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED v) _j M 33.84 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET: TO THE POINT OF BEGINNING AND CONTAINING 3,020,327 SQUARE FEET OR 69.337 ACRES OF LAND MORE OR LESS. "PELOTON" SET AT THE BEGINNING OF A CURVE TO THE RIGHT: 14. WATER AND ALL RIGHTS PRIVILEGES AND IMMUNITIES TO INDEPENDENCE WATER � LU EN RECORDED IN INSTRUMENT NUMBER 2011-59708. COUNTY RECORDS, DENTON COUNTY. rr] S 89°27'07"W, 11.14 FEET, TO A 5/8 INCH IRON RDD WITH PLASTIC CAP STAMPED "PELOTON" SET; WITH SAID CURVE TO THE RIGHT. AN ARC DISTANCE OF 199.27 FEET, THROUGH A TEXAS, AFFECTS TRACT 3. ( ITEM 10m) m a CENTRAL ANGLE OF 28°28'29". HAVING A RADIUS OF 400.97 FEET, THE LONG CHORD WHICH r Q N 00°32'53"W. 49.98 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET: SURVEYORS CERTIFICATION BEARS S 29010'36"W. 197.23 FEET TO A 5/8 INCH IRON ROD STAMPED "PELOTON" SET AT 15. MINERAL LEASE TOGETHER WITH ALL RIGHTS, PRIVILEGES AND IMMUNITIESuj UU � THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; RECORDED IN INSTRUMENT NUMBER 2012-31094, COUNTY RECORDS, DENTON COUNTY u~i T S 89°27'07"W. 170.26 FEET, TG A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET. TO: REPUBLIC TITLE OF TEXAS, INC., AS AGENT FOR FIRST AMERICAN TITLE TEXAS. AFFECTS TRACT 1 . 2 AND 3. ( ITEM 1On) an J p� AT THE BEGINNING OF A CURVE TO THE LEFT: INSURANCE COMPANY; CS KINROSS LAKE PARKWAY LLC, A DELAWARE LIMITED WITH SAID NON-TANGENT CURVE TQ THE RIGHT. AN ARC DISTANCE DF 223.54 FEET. TWRQUGH LIABILITY COMPANY; AND FIRST AMERICAN TITLE INSURANCE COMPANY, A CENTRAL ANGLE OF 31003'30", HAVING A RADIUS OF 412.38 FEET, THE LONG CHORD WHICH 16. MINERAL ESTATE AND INTEREST IN COAL- LIGNITE AND OTHER MINERALS RECORDED WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 47.12 FEET, THROUGH A CENTRAL ANGLE OF BEARS S 62°53'41"W, 220.81 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED IN VOLUME 5298, PAGE 2153, COUNTY RECORDS, DENTON COUNTY, TEXAS. AFFECTS TRACTS 0 " , 90'00'00", HAVING A RADIUS OF 30.00 FEET. THE LONG CHORD WHICH BEARS S 44'27'07"W, 42.43 THIS IS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH PELOTON SET; 1. 2 AND 3. ( ITEM 10o) .+.°..°. L FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "PELOTON" SET AT THE BEGINNING OF A IT IS BASED WERE MADE IN ACCORDANCE WITH THE 2016 MINIMUM STANDARD :::900 *40 17. LOCATIONS OF EXISTING UTILITIES ARE FROM VISIBLE SURFACE EVIDENCE ONLY. •'• ••"• ry CURVE TO THE RIGHT: DETAIL REQUIREMENTS FOR ALTA/HSPS LAND TITLE SURVEYS, JOINTLY ESTA8LISHED N 00011 '03"W, 581.69 FEET TOA TXDOT MONUMENT FOUND IN THE SOUTH RIGHT-OF-WAY AND ADOPTED BY ALTA AND N5PS, AND INCLUDES ITEMS 1. 2, 4. 7. 8, 9, LINE OF AFOREMENTIONED STATE HIGHWAY 114: ,r, Cfl WITH SAID CURVE TO THE RIGHT, AT AN ARC LENGTH OF 312.52 FEET A 5/8 INCH IRON ROD WITH 11 , AND 14 OF TABLE A THEREOF. I PLASTIC CAP STAMPED "PELOTON" SET, AS WITNESS, IN ALL AN ARC DISTANCE OF 481 .23 FEET, f7�y.� 5 67°10'21"E, 317.59 FEET, WITH SAID SOUTH RIGHT-OF-WAY LINE, TO A TEXAS DEPARTMENT AN ALTA / NSPS LAND TITLE SURVEY SHEET raj THROUGH A CENTRAL ANGLE OF 67°31 '55", HAVING A RADIUS OF 408.29 FEET, THE LONG CHORD WHICH THE FIELDWORK WAS COMPLETED APRIL 8. 2016. •� �°'-...`*9� OF TRANSPORTATION (HEREINAFTER CALLER TXDOT) DISK IN CONCRETE, FOUND C_ 0 BEARS S 33"13'04"W. 453.86 FEET, IN A POND; ��4 CO.%%b 4a, Q S 50°57'18"W. 12.08 FEET, IN A POND; - [ _/ � �.. .•N-"�' 5 MONUM00'31ENT 4FOE. 57.12 FEET, CONTINUING WITH SAID SOUTH RIGHT-OF-WAY LINE, TO A TXDDT 74. 131 Acres tyGg MONiIIkENT F❑(}1VD; _ ,r TODD A. BRIDGES •• A�� -r v� S 89°27 07 W. 32.96 FEET, LEAVING SAID POND, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED REGISTERED PROFESSIONAL LAND SURVEYOR ,•� gg+�L1 �Y THENCE S 75'23'35"E. 33.32 FEET, CONTINUING WITH SAID SOUTH RIGHT-OF-WAY LINE. TO THE QE LAND BEING THREE TRACTS OF LAND SITUATED I N THE RICHARD FADS SURVEY, mD PELOTON SET AT THE BEGINNING OF A CURVE 70 THE LEFT: TEXAS REGISTRATION Na. 4940 :tiafi sg�o ��' POINT OF BEGINNING AND CONTAINING 730.34E SQUARE FEET OR 2.992 ACRES OF LAND MORE OR LESS. ABSTRACT NUMBER 393 , THE JESSE SUTTON SURVEY, ABSTRACT NUMBER 1154 AND THE t4�,a A ��,rc'�� OF SHEETS c� J . BACON SURVEY ABSTRACT NUMBER 1565 , DENTON COUNTY, TEXAS By: MARY LOUISE NICHOLSON Re Wbm I ter J a COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 TOWN OF WESTLAKE 1500 SOLANA BLVD. BLDG 7, SUITE 7200 WESTLAKE, TX 76262 Submitter: TOWN OF WESTLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 3/18/2019 1:16 PM Instrument#: D219052800 RESOL 28 PGS $120.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. By: MARY LOUISE NICHOLSON ►" d-m 10q rya: COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 »••• '' PHONE (817) 884-1195 TOWN OF WESTLAKE 1500 SOLANA BLVD BLDG 7 STE 7200 WESTLAKE, TX 76262 Submitter: TOWN OF WESTLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 3/29/2019 2:21 PM Instrument #: D219063137 OPR 4 PGS $24.00 D219063137 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. By: MARY LOUISE NICHOLSON �S�lufi l l�' 3�i COUNTY CLERK mi 100 West Weatherford Fort Worth, TX 76196-0401 •• PHONE (817) 884-1195 TOWN OF WESTLAKE 1500 SOLANA BLVD BLDG 7 STE 7200 WESTLAKE, TX 76262 Submitter: TOWN OF WESTLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 3/29/2019 2:21 PM Instrument#: D219063138 A 50 PGS $208.00 D219063138 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.