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Ord 803 Amending and Expanding Tax Abatement and Reinvestment Zone No 4 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 h IN �_.._.._- ' } I n -�.° -1 J / ^- \ (• � - . � � _ \ \ \ - . \ ` � ��,. �\� dam\ � //�,y\\. ,�\. \ \\ J/. \\ / �1 ow 4 f� / �{" J \ �\\ I / ✓ //// // ` \ I \� \\\\\��\\ \\ �/' Aw -40b— � � "1 �— r•- \\ c���\\ ) Ij 'r ( v 1 � / \ . 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