HomeMy WebLinkAboutORD 2021-22 - Dev Agreement for CanyonsORDINANCE NO. ZO Z I Z Z
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS APPROVING A
DEVELOPMENT AGREEMENT FOR CANYONS AT HCH
RANCH SUBDIVISION, PERTAINING TO A PROPOSED
NEW SUBDIVISION IN WILLIAMSON COUNTY, TEXAS
CONSISTING OF APPROXIMATELY 364 ACRES
GENERALLY SITUATED AT THE CORNER OF FM 3405
AND CR 289; REPEALING CONFLICTING ORDINANCES
AND RESOLUTIONS; INCLUDING A SEVERABILITY
CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has received an application for a development agreement for a
proposed new subdivision to be called "Canyons at HCH Ranch," consisting of approximately
364.2 acres of land situated in Williamson County, Texas, generally situated at the northeast corner
of FM 3405 and CR 289; and
WHEREAS, the Development Agreement for Canyons at HCH Ranch Subdivision
attached as Attachment 1 provides for the development of said subdivision and construction of
public infrastructure pursuant to the terms of the Development Agreement; and
WHEREAS, the City Council of the City of Georgetown finds that it has the authority
approve the Development Agreement for Canyons at HCH Ranch Subdivision pursuant to Section
212.172 of the Texas Local Government Code; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was in all things conducted
in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan.
Section 3. The Development Agreement for Canyons at HCH Ranch Subdivision in
substantially the form attached hereto as Attachment 1 is approved by the City Council and
incorporated into this ordinance for all purposes by this reference.
Section 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 5. The Mayor is hereby authorized to execute this ordinance and the Development
Agreement for Canyons at HCH Ranch Subdivision attached hereto as Attachment 1 and the City
Ordinance No. 1 OZ 1 Z.-Z, _
Approving Development Agreement for Canyons at HCH Ranch Subdivision Page I
Secretary to attest. The Development Agreement and this Ordinance shall become effective in
accordance with the provisions of the Charter of the City of Georgetown.
Attachments:
Attachment 1 — Development Agreement for Canyons at HCH Ranch Subdivision, including all
Exhibits to the Development Agreement:
PASSED AND APPROVED ON FIRST READING ON THE - '— DAY OF
KOLIC O^— 2021.
PASSED AND APPROVED ON SECOND READING ON THE L6—��DAY OF
KcL,v 2021.
ATTEST:
Robyn Den. mare. City Secretary
APPROVED AS TO FORM:
icye asson, City Attorney
OF GEORGETOWN:
Jj.)sh $chroeder,
Ordinance No. ZAZ 1 - Z Z
Approving Development Agreement for Canyons at HCH Ranch Subdivision Page 2
CITY OF GEORGETOWN § DEVELOPMENT
§ AGREEMENT
COUNTY OF WILLIAMSON § FOR THE
§ CANYONS AT
STATE OF TEXAS § HCH RANCH SUBDIVISION
The parties to this Development Agreement for the Canyons at HCH Ranch
Subdivision ("Agreement") are the City of Georgetown, Texas, a Texas home -rule
municipality (the "City"), Quiver Hill Land Holdings, L.P., a Texas limited partnership
("Developer"), and, upon its creation, the homeowners or property owners association
formed and operating under the laws of the State of Texas where membership is
appurtenant to ownership of Lots on the Property (the "Association"). City, Developer
and the Association are sometimes referred to collectively in this Agreement as "the
Parties" and individually as "a Party."
ARTICLE 1. RECITALS
1.01 WHEREAS, Developer owns approximately 364.2 acres of land out of the D.
Casanova Survey, Abstract No. 128, the W.A. Turner Survey, Abstract No. 607 and the R.
Baker Survey, Abstract No. 824, in Williamson County, Texas, generally situated at the
northeast corner of FM 3405 and CR 289, described more particularly by metes and
bounds in that certain Special Warranty Deed dated July 13, 2020 to Developer from
Shannon Leigh Miracle, Trustee of the Shannon Leigh Miracle Separate Trust, recorded
as Document No. 2020077307 in the Official Records of Williamson County, Texas and by
sketch on the attached Exhibit A (the "Property").
1.02 WHEREAS, the Property is in the City's extraterritorial jurisdiction ("ETJ") (the
closest boundary of the Property is approximately 0.41 miles from the current
undeveloped City limits and 4.61 miles from the developed City limits), and is designated
as "Rural Residential" in the City's Future Land Use Map, a land use category described
on page 46 of the City's 2030 Comprehensive Plan as follows: "large lot, low -density
areas" with "traditional, single-family residences with large front yard setbacks from
roadways and large side yard setbacks separating homes to reinforce the rural openness
. . . typically located around the periphery of the planning area and are often not
connected to public water/wastewater utilities."
1.03 WHEREAS, Developer desires to develop the Property with 188 single-family
residential lots (each a "Lot" and together the "Lots") with a minimum lot size of (1) acre
Development Agreement — Canyons at HCH RanchPage 1 of 16
(the "Project") consistent with the Site Layout Plan on the attached Exhibit B (the "Site
Layout Plan").
1.04 WHEREAS, Developer also desires several deviations from the requirements in
the City's Unified Development Code ("UDC") for the Project as described in more detail
in this Agreement (the "Alternative Project Standards").
1.05 WHEREAS, as part of its development of the Project, Developer will execute and
record restrictive covenants against the Property and form a property owners' association
(the "Association") that will have certain rights and obligations concerning the
governance of the Project and responsibilities under this Agreement. The restrictive
covenants and the Association's corporate documents (including its bylaws) are referred
to in this Agreement as the "Project Governing Documents."
1.06 WHEREAS, as consideration for the City Council's approval of the Approved
Project Standards, Developer has agreed to include or require construction of certain
other enhanced or alternative features and amenities related to the Project, as described
in more detail in this Agreement (the "Developer Responsibilities").
1.07 WHEREAS, retail water service, including flow at 1,500 gallons per minute
("gpm") for fire suppression purposes, provided by the City's water system is currently
available to the Property due to improvements installed by others for the benefit of
previously developed land that is proximate to the Property.
NOW THEREFORE, for and in consideration of the mutual agreements,
covenants, and conditions hereinafter set forth, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties
contract and agree as follows.
ARTICLE 2. ALTERNATIVE PROJECT STANDARDS
The City agrees that the following provisions shall apply to the Project on the Property:
2.01 Annexation. In lieu of the provisions of UDC Section 13.04.D., which requires
owners of land in the ETJ that desire to receive fire flow service to submit a request for
voluntary annexation, Developer shall not be required to submit a request for voluntary
annexation for the Property under the circumstances described in the Recitals and subject
to the terms and conditions of this Agreement. The voluntary annexation requirement in
UDC Section 13.04.D. is waived for so long as Developer and the Association are not in
Development Agreement — Canyons at HCH RanchPage 2 of 16
Default of this Agreement after the expiration of the applicable cure period set forth in
Section 5.01 of this Agreement.
2.02 Fire Protection. The City agrees to provide water to fire hydrants on the Property
for fire suppression purposes at 1,500 gpm subject to the following terms and conditions:
2.02.01 No Representations or Warranties by City. Developer
acknowledges that the City has not made and does not make any representations
or warranties regarding the sufficiency of the water provided by the City to fire
hydrants on the Property that said water is or will be sufficient to control or
suppress fire(s) on the Property.
2.02.02 Connection to City Water Main; Construction Standards.
Developer shall, at no cost to the City, construct or caused to be constructed, the
connection of the water main line serving the Property to the City's existing
eighteen -inch (18") water main located within the right-of-way of FM 3405
fronting the Property and shall size and construct all water lines serving the
Property sufficiently to provide flow at 1,500 gpm for fire suppression purposes.
2.02.03 Fire Hydrants. Developer shall, at no cost to the City, construct or
cause to be constructed fire hydrants every 500 feet throughout the Project with
the ability to operate at a minimum pressure of 20 pounds per square inch (psi).
2.02.04 Above Ground Fire Water Tanks Prohibited. Developer shall not
construct, or cause or permit to be constructed, any above ground tanks on the
Property to be used for fire flow purposes in lieu of receiving water for fire
suppression from the City. The Project Governing Documents shall include this
prohibition.
2.03 Cul-de-Sac Lengths and Pedestrian Connections. Developer may construct, or
cause to be constructed, those cul-de-sac roadways identified on the Site Layout Plan
attached to this Agreement as Exhibit B with a maximum cul-de-sac length of 1,750 feet
and no mid -block pedestrian connections, in deviation from UDC Section 12.05.020 which
limits residential cul-de-sac length to the lesser of 20 lots or 500 feet and requires mid -
block pedestrian connections when intersections are 1000 feet or more apart.
2.04 Sidewalks Along Entry Road. Developer may construct, or cause to be
constructed, one five-foot wide sidewalk along one side of the subdivision entry road
connecting the Project to FM 3405 (called "Texas Oak Drive" on Preliminary Plat No.
2020-14-PP filed with the City dated 7/20/2020 and called "Great Hills Drive" on the Site
Development Agreement — Canyons at HCH RanchPage 3 of 16
Layout Plan attached as Exhibit B) (the "Entry Road") in deviation from UDC Section
12.03.030 which requires five-foot wide sidewalks to be constructed along both sides of
roadways classified as Residential Collectors. The City agrees that Developer may
construct, or cause to be constructed, the required sidewalk in segments with the
segment located on each Lot constructed as part of construction of the residence on the
Lot.
2.05 Additional Deviations. By approving the Site Layout Plan and this Development
Agreement, the City is deemed to have approved, as part of the Alternative Project
Standards, the deviations from the City's Unified Development Code set out on Exhibit
B-1.
ARTICLE 3. DEVELOPER RESPONSIBILITIES
3.01 Entry Features. Developer shall have completed construction of the Entry
Features shown the attached Exhibit C (the "Entry Features") on or before the date that
is ninety (90) days after Developer completes the paving of the Entry Road. The perpetual
ownership and maintenance of the Entry Features must be provided for in and shall be
governed by the Project Governing Documents. The City shall have no responsibility for
the ownership, operation, maintenance, repair, or replacement of the Entry Features.
3.02 Design Standards. Developer shall construct, or cause to be constructed, all
homes on the Property with 100% masonry (i.e., stone, clay, brick, or concrete block), or
stucco with lap siding, board and batten siding (consisting of vertical planks of wood (the
board) and smaller, narrower strips of wood (the batten)) (collectively, the "Design
Standards"). The Project Governing Documents must require compliance by all Lot
owners with the Design Standards.
3.03 UDC Compliance. Except as expressly and specifically stated otherwise in this
Agreement, all provisions of the City's UDC apply to the Project and the development of
the Property. Without limitation, but as an example, the provisions in Section 13.09 of
the UDC pertaining to Subdivision Improvement Guarantee, shall apply to the Roads,
Crash Gate, and Lock Box, as well as to the public improvements constructed or installed
on the Property or for the benefit of the Project.
3.04 Association Required. Developer shall create an Association formed and
operating under the laws of the State of Texas where membership is appurtenant to
ownership of Lots on the Property. Developer shall provide to the City a certificate issued
by the Texas Secretary of State as official evidence of the Association's existence and
authority to transact business in Texas, together with the Project Governing Documents, for
Development Agreement — Canyons at HCH RanchPage 4 of 16
the City's review prior to and as a condition of the City's approval of the first final plat for
any portion of the Property. Developer shall fix and collect, or cause to be fixed and
collected, fees and charges for, among other items described in the Project Documents,
the maintenance, repair, replacement and all other work related to the Entry Features
(and, if the Project is to be a private subdivision as allowed under Article 4 of this
Agreement, to the Roads, Crash Gate, and Lock Box) that are sufficient to produce the
amount necessary to maintain, repair, replace and perform all other work related to same.
The Association shall be responsible for ensuring that the Association's fees and charges
are determined and collected in accordance with applicable law. At its first
organizational meeting, Developer shall cause a duly authorized representative of the
Association to execute this Agreement evidencing the Association's approval and
acceptance of its responsibilities under this Agreement.
3.05 Project Governing Documents. The Project Governing Documents must be
consistent with this Agreement and binding upon all Lot owners.
3.06 Survival. The provisions of Article 3 of this Agreement shall survive termination
or expiration of this Agreement.
ARTICLE 4. OPTION FOR PRIVATE SUBDIVISION
4.01 Private Subdivision Option. Subject to the provisions of this Article 4 of this
Agreement, Developer may elect that the Project be a private subdivision. Any such
election by the Developer must be made not later than Developer's filing of an application
for a preliminary subdivision plat for all or a portion of the Property. Developer and the
City acknowledge that, prior to the Effective Date, Developer submitted Preliminary Plat
No. 2020-14-PP dated 7/20/2020, which does not reflect an election by the Developer to
develop the Project as a private subdivision; therefore, if Developer exercises its option
under this Section, Developer agrees that it must submit a new application for a
preliminary subdivision plat that comports with the terms of this Article 4. If Developer
does not timely exercise its option to develop the Project as a private subdivision, then
this Article 4 shall be null and void, the City's Code of Ordinances and UDC (including
the manuals, standards, guidelines, and policies adopted by reference in the UDC) shall
apply to the Project in lieu of the provisions in this Article 4, and this Agreement shall be
enforced as if this Article 4 has been deleted in its entirety.
Development Agreement — Canyons at HCH RanchPage 5 of 16
4.02 Private Subdivision Conditions. In consideration of allowing a private
subdivision with private roads, Developer agrees that the following provisions shall
apply:
4.02.01 Plat Title. The title of the final plat shall contain the phrase, "A
Private Subdivision."
4.02.02 Roads. In addition to the requirements of Section 4.02.01 of this
Agreement, the following additional standards and conditions shall apply to the
Roads (defined below):
4.02.02.01 Private Roads. All roads on the Property, as well as the
portion of the Entry Road that is in the right-of-way of FM 3405 or within a
public easement (collectively, the "Roads") shall be private roads, not
owned or maintained by the City or by the County. The perpetual
ownership and maintenance of the Roads must be provided for in and shall
be governed by the Project Governing Documents, and be consistent with
this Agreement. The City shall have no responsibility for the ownership,
operation, maintenance, repair, or replacement of the Roads. A sign shall
be placed at the entry of the Project clearly stating that the Roads are private
roads; the location of this sign must be shown in the Project construction
plans.
4.02.02.02 Road Standards. The Roads must be designed, constructed,
and maintained to meet: (a) the City's road construction standards
contained in the City's City of Georgetown "Construction Specifications
and Standards Manual" applicable to "HMAC Surfaced Streets," which are
attached to this Agreement as Exhibit E, (b) the provisions in Chapter 8.04
of the City Code of Ordinances (pertaining to Fire Code requirements), and
(c) the Alternative Project Standards. The Project Governing Documents
must provide that the Roads will be maintained in accordance with the
standards set forth in this Section 4.02.02.02. The City shall have the right
to enter the Property and inspect the Roads during construction.
4.02.02.03 Road Plat Notes Required. All final plats for the Property
and the Project Governing Documents must contain the following
notes/provisions:
Development Agreement — Canyons at HCH RanchPage 6 of 16
• "All roads are private. Neither the City of Georgetown nor
Williamson County will ever accept the roads for ownership or
maintenance."
• "The roads shall be maintained to such a standard that will allow
emergency vehicles to access the Lots."
• "Every deed that conveys ownership of a Lot must contain notice
to the grantee that all roads are private; the homeowners'
association shall be perpetually liable for maintenance; neither
the City of Georgetown nor Williamson County, Texas, will ever
accept the roads for maintenance; and the quality of the roads
must be maintained as to not affect access by public service
agencies such as police, fire, and emergency medical services."
4.02.02.04 Maintenance Schedule. The Association shall comply with
the road maintenance schedule attached to this Agreement as Exhibit D, or
such schedule proposed by the Association and approved by the City at a
future date. The then -current cost of the maintenance activities shall be
used by the Association to determine the portion of its annual budget and
annual assessment per Lot needed for Road maintenance.
4.02.02.05 No City or County Traffic Enforcement. Neither the City nor
the County will be responsible for enforcing traffic regulations on the
Roads.
4.03 Public Utility Standards and Easements. All utilities, including (a) the water
utility improvements constructed for the Project that are to be dedicated to the City for
ownership and maintenance, (b) electric utilities to be installed, owned and maintained
by the electric provider for the Project, and (c) telecommunications infrastructure to be
installed, owned and maintained by the telecommunications provider for the Project,
must be constructed and located according to the specifications and requirements of the
individual utility provider. The individual utility providers shall each have the right to
approve their respective utility easements in form and substance.
4.04 Crash Gate and Lock Box. If the Project is gated, Developer shall install, or cause
to be installed, a crash gate ("Crash Gate") and lock box ("Lock Box") at the intersection
of FM 3405 and the Entry Road. Developer agrees that the Crash Gate and Lock Box must
comply, at all times, with the provisions of Section 8.04.1230 of the City's Code of
Development Agreement - Canyons at HCH RanchPage 7 of 16
Ordinances. The Developer must also provide letters of approval from the City's Fire
Chief and all other emergency response agencies confirming that the Crash Gate and
Lock Box will provide full time access to and from the Project. The Project Governing
Documents must provide for the perpetual ownership, operation, maintenance, repair
and replacement of the Crash Gate and Lock Box. The City shall have not responsibility
for the ownership, operation, maintenance, repair, or replacement of the Crash Gate or
Lock Box.
4.05 Survival. If the Project is developed as a private subdivision, the provisions of
Article 4 of this Agreement shall survive termination or expiration of this Agreement.
ARTICLE 5. DEFAULT AND REMEDIES.
5.01 Developer's or Association's Default. In the event of a default of any of the terms
of this Agreement by Developer or Association that cannot be cured by the payment of
money to the City ("Developer Default"), the City may give Developer written notice
("Notice") specifying the Developer Default. Developer shall be allowed thirty (30) days
to cure the Developer Default after the date of Notice thereof is issued by the City; if,
however, Developer has commenced performance of or compliance with its obligations
with the thirty (30) day period, Developer shall be allowed up to sixty (60) days from the
date of the City's Notice to cure the non-performance or non-compliance. During a
Developer Default, the City shall not be required to process any applications, issue any
approvals, or grant any permits to Developer for any City approvals pertaining to the
Project, and shall not install or allow connection of any water meters for Lots on the
Property, until the Developer Default has been cured. If a Developer Default is not cured
within the applicable cure period, and if the City has not waived the default in writing,
then after the expiration of the applicable cure period, the City may, in its sole discretion,
and without prejudice to any other right or remedy allowed under this Agreement, seek
any other relief available at law or in equity, all of which are cumulative and are in
addition to any other right or remedy given under this Agreement which may now or
subsequently exist in law or in equity by statute or otherwise, and the exercise of any one
remedy does not preclude the exercise of another, except that the City shall not be
permitted to seek consequential, punitive, or exemplary damages from Developer or the
Association.
5.02 City Default. In the event of a default by the City under this Agreement,
Developer may petition a court to require the City to specifically perform its obligations
under the terms and conditions of this Agreement. However, in no event shall the City
be liable for any monetary, consequential, or incidental damages, however caused, except
to the extent (a) permitted under the Texas Tort Claims Act; or (b) arising from the City's
Development Agreement — Canyons at HCH RanchPage 8 of 16
or its agents' damage to the Property when inspecting or entering the Property under this
Agreement.
ARTICLE 6. EFFECTIVE DATE AND TERM
6.01 Effective Date. This Agreement shall become effective on the latest date
accompanying the signature lines of the duly authorized representatives of the Developer
and the City (the "Effective Date"). The Association will join in this Agreement at a later
date as required in Section 3.04 of this Agreement.
6.02 Term. Except for the provisions of this Agreement that expressly survive
termination, this Agreement shall commence and bind the Parties on the Effective Date
and, so long as a final plat for all or part of the Property is recorded in the Official Public
Records of the County within 24 months after the Effective Date, shall be an Agreement
that runs with the land in perpetuity. If a final plat for all or part of the Property is not
recorded in the Official Public Records of the County within 24 months after the Effective
Date, then, except for the provisions that expressly survive termination, this Agreement
shall terminate and become null and void and of no further force or effect. This
Agreement may also be sooner terminated by the express written agreement executed by
all Parties.
6.03 Termination of Agreement as to Developer. On the Association Turnover Date,
as defined below, (a) Developer shall be released from all obligations and liabilities under
this Agreement and shall no longer be a Party to this Agreement, and (b) the Association
shall, in writing, assume all of the Developer's obligations under this Agreement. As
used herein, the "Association Turnover Date" means the date as determined under
Texas Property Code 209.00591(as in effect at such time), that Developer shall be required
to include owners of Lots on the board of directors of the Association. As of the Effective
Date, the Texas Property Code defines such date to be "the 120th day after the date 75
percent of the lots that may be created and made subject to the declaration are conveyed
to owners other than a declarant or a builder in the business of constructing homes who
purchased the lots from the declarant for the purpose of selling completed homes built
on the lots," but such date shall not be later than "the 10th anniversary of the date the
declaration was recorded." Notwithstanding the foregoing, the Association Turnover
Date shall not occur before Developer completes or causes completion of construction of
(a) all public improvements for the Project and said public improvements have been
accepted for ownership and maintenance by the entity responsible for same; (b) the Entry
Features; and (c) if the Project is to be a private subdivision as allowed under Article 4 of
this Agreement, the Roads, Crash Gate, and Lock Box.
Development Agreement — Canyons at HCH RanchPage 9 of 16
ARTICLE 7. MISCELLANEOUS
7.01 No Special Districts. In furtherance of the purposes of this Agreement, the
Parties, on behalf of themselves and their respective successors and assigns, covenant and
agree that none of them shall initiate, seek, petition, sign, support, join in, associate with,
consent to, or direct to be signed any petition or request seeking the creation of any other
special taxing or assessment jurisdiction over the Property. The provisions of this Section
shall survive termination or expiration of this Agreement.
7.02 Agreement Binds Successors and Permitted Assigns. This Agreement shall bind
and inure to the benefit of the Parties, their successors, heirs, and those assigns permitted
by Section 6.04 of this Agreement.
7.03 Amendments. The Parties may amend this Agreement only by a written
agreement of the Parties that identifies itself as an amendment to this Agreement.
7.04 Assignment. Developer shall not assign any of its rights or delegate any of its
obligations under this Agreement without the prior written consent of the City Council.
Any other assignment or delegation, or purported assignment or delegation, are
prohibited, whether they are voluntary or involuntary, by merger, consolidation,
dissolution, operation of law, change of control, or any other manner. As used in this
definition, a "change of control" is deemed to be an assignment of rights, and "merger"
refers to any merger in which a Party participates, regardless of whether it is the
surviving or disappearing entity. Notwithstanding anything contained in this Section
7.04, Developer shall be permitted to assign all of its rights and obligations in this
Agreement, without the City's prior consent, to Vistas Millas Development Company,
Inc., a Texas corporation, an entity commonly controlled with Developer (the "Permitted
Developer Assignment"). In the Permitted Developer Assignment, Vistas Millas
Development Company, Inc. shall assume all of Developer's rights and obligations under
this Agreement. If executed, Developer shall provide a copy of the fully executed
Permitted Developer Assignment to the City. Upon the execution of the Permitted
Developer Assignment by Developer and Vistas Millas Development Company, Inc.,
Developer shall be released from all obligations and liabilities hereunder, and Vistas
Millas Development Company, Inc. shall become the "Developer" for all purposes
hereunder.
7.05 No Waiver. The Parties may waive any provision of this Agreement only by a
writing executed by the Party or Parties against whom the waiver is sought to be
enforced. A waiver made in writing on one occasion is effective only in that one instance
and only for the purpose stated. A waiver once given is not to be construed as a waiver
Development Agreement — Canyons at HCH RanchPage 10 of 16
on any future occasion or against any other Party who is not a signatory to the waiver
instrument. No failure or delay in exercising any right or remedy or in requiring
satisfaction of any condition under this Agreement, and no act, omission, or course of
dealing among the Parties operates as a waiver or estoppel of any right, remedy, or
condition.
7.06 Severability. If any provision of this Agreement is determined to be invalid,
illegal, or unenforceable, the remaining provisions of this Agreement shall not apply, and
the Agreement shall be considered to be terminated by mutual agreement of the Parties.
7.07 Governing Law/Venue. The laws of the State of Texas (without giving effect to
its conflict of laws principles) govern all matters arising out of or relating to this
Agreement and the transactions it contemplates, including, without limitation, its
interpretation, construction, performance, and enforcement. Venue over any legal action
or proceeding against any other Party arising out of or relating to this Agreement shall
be in Williamson County, Texas.
7.08 Signature Warranties. Each of the Parties hereby represent and warrant on behalf
of itself that the Party has full power to execute and deliver and perform the terms, duties,
and obligations of this Agreement and all the foregoing has been duly and validly
authorized by all necessary proceedings. This Agreement constitutes the legal, valid and
binding obligations of the Parties, enforceable in accordance with its terms.
7.09 Counterparts. The Parties may execute this Agreement in multiple counterparts,
each of which constitutes an original, and all of which, collectively, constitute only one
Agreement. The signatures of all the Parties need not appear on the same counterpart,
and delivery of an executed counterpart signature page via e-mail or by facsimile is as
effective as executing and delivering this Agreement in the presence of the other Parties
to this Agreement.
7.10 Recording. This Agreement shall be recorded by the City in the Official Public
Records of Williamson County, Texas, at Developer's expense.
7.11 Entire Agreement. This Agreement and the attached Exhibits contain the entire
agreement between the Parties and correctly sets forth the rights, duties, and obligations
of each to the other as of the Effective Date. Any oral representations or modifications or
amendments concerning this Agreement shall be of no force or effect excepting a
subsequent written amendment to this Agreement executed by duly authorized
representatives of all Parties.
Development Agreement — Canyons at HCH RanchPage 11 of 16
7.12 Notice. Any notice given under this Agreement must be in writing and may be
given: (i) by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; or (ii) by
depositing it with Federal Express or another service guaranteeing "next day delivery,"
addressed to the party to be notified and with all charges prepaid; (iii) by personally
delivering it to the party, or any agent of the party listed in this Agreement, or (iv) by
facsimile with confirming copy sent by one of the other described methods of notice set
forth. Notice by United States mail will be effective on the earlier of the date of receipt or
three (3) days after the date of mailing. Notice given in any other manner will be effective
only when actually received. For purposes of notice, the addresses of the Parties will,
until changed as provided below, be as follows:
If to City: City Manager
City of Georgetown
808 Martin Luther King Jr. St.
Georgetown, Texas 78626-5527
With a copy to: City Attorney
City of Georgetown
809 Martin Luther King Jr. St.
Georgetown, Texas 78626-5527
If to Developer: Quiver Hill Land Holdings, LP
4411 South IH-35, Suite 100
Georgetown, Texas 78726
Attn: James H. Jacobs, Manager
With a copy to: David J. Sewell
STAHL, DAVIES, SEWELL, CHAVARRIA & FRIEND, LLP
7320 N. MoPac, Suite 211
Austin, Texas 78731
If to Association: To the registered office address listed in the Associations certificate
of formation filed with the Texas Secretary of State, as may be
amended from time to time.
A Party may change its address for notice by providing written notice of such change to
the other Parties.
Development Agreement — Canyons at HCH RanchPage 12 of 16
ARTICLE 8. EFFECT OF RECITALS
8.01 The Recitals in this Agreement are found and agreed to be true and correct and are
incorporated into this Agreement by reference as if set forth in full.
ARTICLE 9. EXHIBITS
9.01 The following Exhibits are attached hereto and made a part of this Agreement for
all purposes:
Exhibit A
Property
Exhibit B
Site Layout Plan
Exhibit B-1
List of Deviations from UDC Requirements
Exhibit C
Entry Features
Exhibit D
Road Maintenance Schedule
Exhibit E
Street Standards
Development Agreement — Canyons at HCH RanchPage 13 of 16
CITY:
ATTEST:
By: I
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
CITY OF GEORGETOWN, TEXAS
By: Gt—�
Skye Nfassok, City Attorney
STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
04
This instrument was acknowledged before me on the -VA day of
�'. 2021, by Josh Schroeder, Mayor of the City of Georgetown, Texas, a
ham rule city, on behalf of the City.
(seal)
LINDA RUTH WHITE
otary Pub 'c Signature
•° My Notary ID # 124936123
Exores May 24, 2024
Development Agreement — Canyons at HCH RanchPage 14 of 16
DEVELOPER: QUIVER HILL LAND HOLDINGS, LP, a
Texas limited partnership
By: QUIVER HILL LAND HOLDINGS,
GP, LLC, a Texas limited liability
company, its general partner
By:
Name: Tames H. Tacobs
Title: Manager
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of
2021, by James H. Jacobs, Manager of Quiver Hill Land Holdings GP,
LLC, a Texas limited liability company, as general partner of Quiver Hill Land Holdings
LP, a Texas limited partnership, on behalf of said limited partnership.
(seal)
Notary Public Signature
Development Agreement — Canyons at HCH RanchPage 15 of 16
ASSOCIATION: CANYONS AT HCH RANCH
HOMEOWNERS ASSOCIATION, a Texas
nonprofit corporation
By:
Name:
Title: President
STATE OF TEXAS §
COUNTY OF WILLIAMSON §
This instrument was acknowledged before me on the day of
2021, by , President of the
Canyons at HCH Ranch Homeowners Association, a Texas nonprofit corporation, on
behalf of said corporation.
(seal)
Notary Public Signature
Development Agreement — Canyons at HCH RanchPage 16 of 16
EXHIBIT A - THE PROPERTY
Page 1 of 11
THE CANYONS AT HCH RANCH
LOCATION MAP
0 5000 10000
Feet
SCALE: 1" = 5,000'
HAYN I E
CONSULTING, INC.
Civil Engineers and Land Surveyors
1010 Provident Lane
Round Rock, Texas 78664-3276
PLOTTED BY: pyglesias Ph: 512-837-2446 Fax: 512-837-9463
PLOT TIME: Sep 03, 2020 - 8:52am TBPE FIRM # F-002411. TBPLS FIRM # 100250-00
DRAWING: D:\Project Backups\738 Jimmy Jacobs\738-20-03 Hawes Tract\Survey Project Folder\Drawings\738-20-03 DA location map dwg
EXHIBIT A - THE PROPERTY Page 2 of 11
The Canyons at HCH Ranch Page 1 of 10
364.2 Acres
Job No. 738-20-03 September 2020
METES AND BOUNDS DESCRIPTION
Being 364.2 acres, (15,865,408 sq. ft.) of land in the D. Casanova Survey, Abstract No. 128, the
W.A. Turner Survey, Abstract No. 607 and the R. Baker Survey, Abstract No. 824, Williamson
County, Texas and described as 364.03 acres in a deed to the James F. Hawes Living Trust
and recorded in Document Number 2019006810 of the Official Public Records of Williamson
County, (O.P.R.W.C.). Said 364.2 acre tract being more particularly located and described as
follows; (Bearings of lines refer to Grid North of the Texas Coordinate System of 1983 (Central
Zone) as computed from GPS vectors; Distances expressed in U.S. Survey Feet scaled to
surface using an average combined scale factor of 0.99985178, Parenthetical bearings and
distances refer to parent tract record information where it differs from measured; Parenthetical
designations, i.e. "(L1, Cl)", etc., refer to line or curve tag labels in the accompanying sketch;
This narrative metes and bounds description is accompanied by and made part of a survey
sketch of the same date):
BEGINNING at a 1/2-inch iron rod found in or near the common Survey line of the said R. Baker
Survey and the L.P. Dyches Survey, Abstract No. 171, and at the common corner of a called
36.65 acre tract to Day Minerals, LP as described in Document Number 2009003800 of the
O.P.R.W.C., a called 30.64 acre tract to John M. Day and wife, Georgia M. Day as described in
Document Number 2000006996 of the O.P.R.W.C., and a called 24.21 acre tract to Mike
Mersiosky and wife, Robbie Mersiosky as described in Document Number 2000028378 of the
O.P.R.W.C. for the Northeast corner of the called 364.03 acre tract and for the Northeast corner
and POINT OF BEGINNING of this tract;
THENCE, with the Westerly boundary lines of said 24.21 acre tract as described in Document
Number 2000028378 of the O.P.R.W.C., the following 2 courses and distances:
1. (L1) South 21 degrees 49 minutes 31 seconds East, (South 20 degrees 35 minutes 58
seconds East), a distance of 117.35 feet, (117.51 feet), to a 1/2-inch iron rod with a yellow
plastic cap stamped "HAYNIE CONSULTING' set for an angle point of this tract,
2. (L2) South 20 degrees 19 minutes 43 seconds East, (South 19 degrees 04 minutes 58
seconds East), a distance of 582.36 feet to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING' set at the common Westerly corner of said 24.21 acre
tract as described in Document Number 2000028378 of the O.P.R.W.C. and another
called 24.21 acre tract to Mike Mersiosky and wife, Robbie Mersiosky as described in
2001076842 of the O.P.R.W.C. for an angle point of this tract;
(L3) THENCE, South 20 degrees 26 minutes 03 seconds East, (South 19 degrees 04 minutes
58 seconds East), a distance of 884.44 feet to a 1/2-inch iron rod found at the common Westerly
corner of said 24.21 acre tract described in Document Number 2001076842 of the O.P.R.W.C.
and of Lot 16 of Hawes Ranch as recorded in Cabinet K, Slide 196 of the Williamson County
Plat Records, (W.C.P.R.), for an angle point of this tract;
THENCE, with Westerly boundary lines of said Hawes Ranch, the following 10 courses and
distances:
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EXHIBIT A - THE PROPERTY Page 3 of 11
The Canyons at HCH Ranch Page 2 of 10
364.2 Acres
Job No. 738-20-03 September 2020
1. (L4) South 20 degrees 34 minutes 58 seconds East, (South 19 degrees 18 minutes 40
seconds East), a distance of 261.11 feet, (260.95 feet), to a 1/2-inch iron rod found at the
common Westerly corner of said Lot 16 and Lot 18 of said Hawes Ranch for an angle
point of this tract;
2. (L5) South 21 degrees 28 minutes 58 seconds East, (South 20 degrees 10 minutes 19
seconds East), with a portion of the Westerly boundary line of said Lot 18, a distance of
249.58 feet, (230.00 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped
"HAYNIE CONSULTING" set for an angle point of this tract;
3. (L6) South 22 degrees 06 minutes 28 seconds East, (South 200 47' 58" East), with
Westerly boundary lines of said Lot 18 and of Lots 20 and 22 of said Hawes Ranch,
passing at a distance of 90.57 feet, (90.52 feet), a 1/2-inch iron rod found for the common
Westerly corner of said Lot 18 and Lot 20 of said Hawes Ranch, passing at a distance of
392.69 feet, a 1/2-inch iron rod found for the common Westerly corner of said Lot 20 and
Lot 22 of said Hawes Ranch, in all a total distance of 608.68 feet, (South 20' 50' 27" East,
302.07 feet; South 210 04' 44" East, 88.00 feet; South 200 24' 43" East, 127.98 feet;), to
a 1/2-inch iron rod with a yellow plastic cap stamped "HAYNIE CONSULTING" set for an
angle point in the Westerly boundary line of said Lot 22 and of this tract;
4. (L7) South 21 degrees 27 minutes 58 seconds East, (South 20" 39' 20" East), with a
portion of the Westerly boundary line of said Lot 22 and the Westerly boundary lines of
Lots 24, 26 and a portion of Lot 28 of said Hawes Ranch, passing at a distance of 61.02
feet, (61.04 feet), a calculated point for the common Westerly corner of said Lot 22 and
Lot 24 of said Hawes Ranch, passing at a distance of 367.28 feet, (South 20° 59' 46"
East, 224.15 feet; South 17' 58' 13" East, 82.38 feet;), a 1/2-inch iron rod found for the
common Westerly corner of said Lot 24 and Lot 26 of said Hawes Ranch, at a distance
of 650.74 feet, (South 20 degrees 10 minutes 46 seconds East, 283.06 feet), a 1/2-inch
iron rod found for the common Westerly corner of said Lot 26 and Lot 28 of said Hawes
Ranch, in all a total distance of 683.82 feet to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for an angle point in the Westerly boundary line of
said Lot 28 and of this tract;
5. (L8) South 20 degrees 44 minutes 58 seconds East, (South 19 degrees 35 minutes 09
seconds East), with a Westerly boundary line of said Lot 28, a distance of 130.41 feet,
(155.82 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped "HAYNIE
CONSULTING" set for angle point in the Westerly boundary line of said Lot 28 and of this
tract,
6. (L9) South 21 degrees 19 minutes 58 seconds East, (South 20 degrees 07 minutes 04
seconds East), with a portion of a Westerly boundary line of said Lot 28 and of Lot 30 of
said Hawes Ranch, a distance of 180.42 feet, (138.42 feet), to a 1/2-inch iron rod with a
yellow plastic cap stamped "HAYNIE CONSULTING" set for an angle point in the
Westerly boundary line of said Lot 30 and of this tract;
X:\738 Jimmy Jacobs\738-20-03 Hawes Tract\Survey Project Folder\Documents\Legal Descriptions\Development Agreement Exhibit\738-20-03
Development Agreement legal.docx
EXHIBIT A - THE PROPERTY Page 4 of 11
The Canyons at HCH Ranch Page 3 of 10
364.2 Acres
Job No. 738-20-03 September 2020
7. (L10) South 21 degrees 27 minutes 58 seconds East, with a portion of a Westerly
boundary line of said Lot 30 and of Lot 32 of said Hawes Ranch, passing at a distance of
285.72 feet, (South 190 56' 05" East, 140.76 feet; South 20' 22' 16" East, 194.62 feet;),
a calculated point for the common Westerly corner of said Lot 30 and Lot 32 of said Hawes
Ranch, in all a total distance of 361.69 feet, (South 19' 51' 55" East, 77.93 feet), to a 1/2-
inch iron rod with a yellow plastic cap stamped "HAYNIE CONSULTING" set at an angle
point in the Westerly boundary line of said Lot 32 for an angle point of this tract;
8. (L11) South 21 degrees 43 minutes 28 seconds East, (South 200 28' 07" East), with a
portion of a Westerly boundary line of said Lot 32, a distance of 284.21 feet, (282.25 feet),
to a 1/2-inch iron rod with a yellow plastic cap stamped "HAYNIE CONSULTING" set at
a common corner of said Lot 32 and Lot 34 of said Hawes Ranch for an internal corner
of said Hawes Ranch and the Southeast corner of this tract;
9. (L12) South 69 degrees 14 minutes 32 seconds West, (South 70 degrees 32 minutes 20
seconds West), with the Northerly boundary line of said Lot 34, a distance of 1,450.84
feet, (1,450.03 feet), to a 1/2-inch iron rod found at the Northwest corner of said Lot 34
for an internal corner of this tract,
10. (L13) South 22 degrees 37 minutes 58 seconds East, (South 21 degrees 22 minutes 40
seconds East), with the Westerly boundary line of said Lot 34, a distance of 510.49 feet,
(509.51 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped "HAYNIE
CONSULTING" set in the Northerly right-of-way line of FM 3405, (120 ft. r.o.w.), conveyed
as Tract 409E, a called 7.03 acre tract to the United States of America and recorded in
Volume 589, Page 101 of the Williamson County Deed Records, (W.C.D.R.), for a
Southerly corner of this tract;
THENCE, with Northerly right-of-way lines of said FM 3405, the following 4 courses and
distances:
(L14) South 50 degrees 14 minutes 20 seconds West, (South 51 degrees 34 minutes 50
seconds West), a distance of 538.43 feet, (539.50 feet), to a calculated point for an angle
point of this tract from which a 1/2-inch iron rod found bears North 10 degrees West a
distance of 1.0 feet;
2. (L15) South 72 degrees 02 minutes 25 seconds West, (South 71 degrees 25 minutes 31
seconds West), a distance of 107.70 feet, (108.44 feet), to 1/2-inch iron rod with a yellow
plastic cap stamped "HAYNIE CONSULTING" set for an angle point of this tract and from
which a 1/2-inch iron rod found bears South 04 degrees 25 minutes East a distance of
2.6 feet;
3. (L16) South 50 degrees 14 minutes 20 seconds West, (South 51 degrees 46 minutes 59
seconds West), a distance of 504.65 feet, (502.93 feet), to a 1/2-inch iron rod found for
the Point of Curvature of a curve to the right;
X:\738 Jimmy Jacobs\738-20-03 Hawes Tract\Survey Project Folder\Documents\Legal Descriptions\Development Agreement Exhibit\738-20-03
Development Agreement legal.docx
EXHIBIT A - THE PROPERTY Page 5 of 11
The Canyons at HCH Ranch Page 4 of 10
364.2 Acres
Job No. 738-20-03 September 2020
4. (Cl) An arc distance of 578.16 feet with said curve to the right having a radius of 2,191.83
feet, a delta of 15 degrees 06 minutes 49 seconds and a chord bearing and distance of
South 57 degrees 47 minutes 45 seconds West, 576.49 feet, (South 590 07' 47" West,
576.24 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped "HAYNIE
CONSULTING" set in the Easterly right-of-way line of County Road 289, (CR 289,
previously CR 255-A, 60 ft. r.o.w. per plat of Twin Creek Hollow), at the Southeast corner
of Twin Creek Hollow as recorded in Cabinet J, Slide 359 of the W.C.P.R. for the
Southwest corner of this tract;
THENCE, with Easterly boundary lines of said Twin Creek Hollow and Easterly right -of -lines of
said CR 289, the following 17 courses and distances:
1. (L17) North 43 degrees 53 minutes 05 seconds West, (North 420 36' 58" West and North
420 38' 19" West), a distance of 644.21 feet, (251.92 feet and 391.87 feet), to a 1/2-inch
iron rod found for an angle point in said CR 289 and of this tract;
2. (L18) North 49 degrees 21 minutes 15 seconds West, (North 480 03' 26" West), a distance
of 297.62 feet, (297.62 feet), to a 1/2-inch iron rod found at the Point of Curvature of a
curve to the right;
3. (C2) An arc distance of 411.40 feet (411.40 feet), with said curve to the right having a
radius of 455.68 feet, (455.73 feet), a delta of 51 degrees 43 minutes 42 seconds, and a
chord bearing and distance of North 23 degrees 29 minutes 25 seconds West, 397.57
feet, (South 220 11' 46" East, 397.57 feet), to a 1/2-inch iron rod found for the Point of
Tangency of this curve and of this tract,
4. (L19) North 02 degrees 22 minutes 25 seconds East, (North 030 39' 24" East), a distance
of 334.17 feet, (334.17 feet), to a 1/2-inch iron rod found at the Point of Curvature of a
curve to the left,
s. (C3) An arc distance of 213.97 feet, (214.10 feet), with said curve to the left having a
radius of 855.30 feet, (852.09 feet) a delta of 14 degrees 20 minutes 01 second, and a
chord bearing and distance of North 04 degrees 47 minutes 35 seconds West, 213.41
feet, (North 030 32' 30" West, 213.54 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for the Point of Tangency of this curve and of this
tract;
6. (L20) North 11 degrees 57 minutes 35 seconds West, (North 100 39' 06" West), a
distance of 370.00 feet, (369.90 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set at the Point of Curvature of a curve to the right;
7. (C4) An arc distance of 170.41 feet, (168.85 feet), with said curve to the right having a
radius of 513.88 feet, (516.05 feet) a delta of 19 degrees 00 minutes 00 seconds, and a
chord bearing and distance of North 02 degrees 27 minutes 35 seconds West, 169.63
feet, (South 01 ° 06' 43" East, 168.10 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for a Point of Compound Curvature of this tract,
X:\738 Jimmy Jacobs\738-20-03 Hawes Tract\Survey Project Folder\Documents\Legal Descriptions\Development Agreement Exhibit\738-20-03
Development Agreement legal.docx
EXHIBIT A - THE PROPERTY Page 6 of 11
The Canyons at HCH Ranch Page 5 of 10
364.2 Acres
Job No. 738-20-03 September 2020
8. (C5) An arc distance of 425.37 feet, (424.23 feet), with a curve to the left having a radius
of 618.58 feet, (613.55 feet) a delta of 39 degrees 24 minutes 00 seconds, and a chord
bearing and distance of North 12 degrees 39 minutes 35 seconds West, 417.04 feet,
(North 11' 32' 50" West, 415.83 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for the Point of Tangency of this curve and this
tract;
9. (L21) North 32 degrees 21 minutes 35 seconds West, (North 300 41' 41" West), a distance
of 271.37 feet, (271.54 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped
"HAYNIE CONSULTING" set at the Point of Curvature of a curve to the right;
lo. (C6) An arc distance of 160.75 feet, (160.65 feet), with said curve to the right having a
radius of 284.48 feet, (290.93 feet) a delta of 32 degrees 22 minutes 33 seconds, and a
chord bearing and distance of North 16 degrees 10 minutes 20 seconds West, 158.62
feet, (South 14' 52' 31" East, 158.62 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for a Point of Compound Curvature of this tract;
11. (C7) An arc distance of 260.45 feet, (260.77 feet), with a curve to the left having a radius
of 663.97 feet, (687.56 feet) a delta of 22 degrees 28 minutes 29 seconds, and a chord
bearing and distance of North 11 degrees 13 minutes 20 seconds West, 258.78 feet,
(North 090 55' 15" West, 259.21 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for the Point of Tangency of this curve and this
tract;
12. (L22) North 22 degrees 27 minutes 35 seconds West, (North 210 13' 08" West), a distance
of 180.00 feet, (179.54 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped
"HAYNIE CONSULTING" set at the Point of Curvature of a curve to the left;
13. (C8) An arc distance of 225.16 feet, (225.16 feet), with said curve to the left having a
radius of 464.33 feet, (467.45 feet) a delta of 27 degrees 47 minutes 00 seconds, and a
chord bearing and distance of North 36 degrees 21 minutes 05 seconds West, 222.96
feet, (North 350 04' 22" West, 222.99 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for the Point of Tangency of this curve and this
tract,
14. (L23) North 50 degrees 14 minutes 55 seconds West, (North 480 52' 19" West), a distance
of 41.02 feet, (41.01 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped
"HAYNIE CONSULTING" set at the Point of Curvature of a curve to the right;
15. (C9) An arc distance of 200.87 feet, (200.87 feet), with said curve to the right having a
radius of 364.78 feet, (364.78 feet) a delta of 31 degrees 33 minutes 01 second, and a
chord bearing and distance of North 34 degrees 28 minutes 05 seconds West, 198.34
feet, (South 300 40' 30" East, 198.34 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set for the Point of Tangency of this curve and this
tract;
16. (L24) North 18 degrees 41 minutes 35 seconds West, (North 17' 23' 10" West), a distance
of 1,030.34 feet, (1,030.47 feet), to a railroad spike found at the Point of Curvature of a
curve to the left;
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EXHIBIT A - THE PROPERTY Page 7 of 11
The Canyons at HCH Ranch Page 6 of 10
364.2 Acres
Job No. 738-20-03 September 2020
17. (C10) An arc distance of 318.66 feet, (318.54 feet), with said curve to the left having a
radius of 417.79 feet, (417.38 feet) a delta of 43 degrees 42 minutes 03 seconds, and a
chord bearing and distance of North 40 degrees 32 minutes 36 seconds West, 310.99
feet, (North 39' 15' 01" West, 310.87 feet), to a 1/2-inch iron rod with a yellow plastic cap
stamped "HAYNIE CONSULTING" set at the Southeast corner of Lot 23 of said Twin
Creek Hollow for a Northwesterly corner of this tract;
THENCE, with Easterly boundary lines of said Lot 23, the following 3 courses and distances:
1. (L25) North 27 degrees 36 minutes 25 seconds East, (North 300 48' 01" East), a distance
of 143.51 feet, (146.39 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped
"HAYNIE CONSULTING" set at the Easternmost corner of said Lot 23 for an internal
corner of this tract;
2. (L26) North 21 degrees 12 minutes 00 seconds West, (North 200 36' 41" West), a distance
of 451.72 feet, (513.60 feet), to a 1/2-inch iron rod with a yellow plastic cap stamped
"HAYNIE CONSULTING" set for an angle point of this tract;
3. (L27) North 21 degrees 49 minutes 10 seconds West, a distance of 60.01 feet to a 1/2-
inch iron rod found at the Northernmost corner of said Lot 23 and at an internal corner of
a called 20.00 acre tract described as Tract II to Howard H. Cone as recorded in
Document Number 2003045738 of the O.P.R.W.C. for the Northwest corner of this tract,
(L28) THENCE, South 84 degrees 31 minutes 09 seconds East, (South 83' 14' 48" East), with
a Southerly boundary line of said 20.00 acre tract, a distance of 888.24 feet, (888.40 feet), to a
1/2-inch iron rod found at the common Southerly corner of said 20.00 acre tract and a called
27.32 acre tract to Anthony D. Moore and wife, Kimberly Kramer Moore as described in
Document Number 1990009433 of the O.P.R.W.C. and in Volume 1884, Page 150 of the
W.C.D.R. for an angle point of this tract;
(L29) THENCE, South 80 degrees 36 minutes 32 seconds East, (South 79" 18' 49" East), with
the Southerly boundary line of said 27.32 acre tract, a distance of 632.47 feet, (632.37 feet), to
a 1/2-inch iron rod found at the common Southerly corner of said 27.32 acre tract and said 36.65
acre tract for an internal corner of this tract;
(L30) THENCE, North 66 degrees 50 minutes 25 seconds East, (North 68' 08' 29" East), with
the Southeasterly boundary line of said 36.65 acre tract, a distance of 1,874.78 feet, (1,874.62
feet), to the POINT OF BEGINNING and containing a computed area of 364.2 acres,
(15,865,408 sq. ft.), of land. OF a r
09/03/2020
PATFi{CIL J. YG slk
Patrick J,.OfgWas
Registered Professional Land Surveyor No. 5813 . 0,.� s ono
SUIR
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Development Agreement legal.docx
EXHIBIT A -THE PROPERTY
Page 8 of 11
THE CANYONS AT HCH RANCH
BEING 364.2 ACRES, (15,865,408 SQ. FT.), OF LAND OUT OF THE D. CASANOVA SURVEY, ABSTRACT NO. 128,
THE W.A. TURNER SURVEY, ABSTRACT NO. 607 AND THE R. BAKER SURVEY, ABSTRACT NO. 824, IN WILLIAMSON COUNTY, TEXAS
AS DESCRIBED IN DOC. NO. 2019006810 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS.
HOWARD H CONE 0 800 1600
CALLED 20.00 ACRES D. MOORE AND WIFE KIMBERLY
DOC. 2003045738, O P R W.0 ANTHONY
KRAMER MOORE Feet
CALLED 27.32 ACRES DAY MINERALS, LP SCALE: 1" = 800'
L27~ VOL.1884,PG.150,W.C.D.R. CALLED35-65ACRES
C�$ DOC. 1990009433, O.P.R.W.C. DOC. 20090038W.0,P.R.WIC. JOHN M. DAY AND WIFE, GEORGIA M. DAY
CV CALLED 30.64 ACRES
J - DOC.2000006996, O.P.R.W.C.
07 2 + `
2g
L30
J�16 � L25 • L1
MIKE MERSIOSKY AND WIFE,
LOT 15 ��. POINT OF BEGINNING ROBBIE MERSIOSKY
CALLED 24.21 ACRES
DOG 2000028378, O,P.R.W.C.
LOT 14
LOT 13 �
MIKE MERSIOSKY AND WIFE,
JAMES HAWES ! ROBBIE MERSIOSKY
CALLED 24.21 ACRES
RESERVE J RI DOC. 2001076842, O.P.R.W.C,
F�
LOT 12 L23
LOT 11
m LOT16
L22
■
LOT 10 3 6 .4. ,2 4 C 1: E'
� J LOT 18
pLOT 9
—U (15,865,408 SQ. FT.)
� G.. C6
JAMES F. HAWES LIVING TRUST Lorzo p
LOT 8 CALLED 364.03 ACRES _J
43
LOT 7
DOC. 2019006810. O.P.R.W.C. •
1 _ LOT 22to
�
Co LOT 6
' LOT 24
LOT 5 S�� cn
LOT 26 W
Z LOT 4 a
f L-8 LOT 2B
.r LOT 3 II
I
LOT 2 Q7 � 0 LOT 30
v J SEE AFFIDAVIT OF CORRECTION
FOR "HAWES RANCH"
LOT 1 LOT 32 VOL 2284, PG. 396, W.C.D.R.
04 DOC. 1993013443, O, R R, W.C.
U D. CASANOVA SURVEY, ABSTRACT 128
'�. ■ WA- TURNER SURVEY, ABSTRACT 007 L 12 --r
M LOT 34
L15 ��..
C1
I
SEE NOTES AND LEGEND ON SHEET 8; HAYN I E SHEET NO.
SEE LINE TABLES ON SHEET9; CONSULTING, INC.
G Civil Engineers and Land Surveyors 7 OF 10
SEE CURVE TABLES AND SURVEYOR'S 1010 Provident Lane
CERTIFICATION ON SHEET 10. Round Rock, Texas 78664-3276
DRAWN BY: PJY
PLOTTED BY: pyglesias Ph: 512-837-2446 Fax: 512-837-9463 CHECKED BY: BJ
PLOT TIME: Sep 03, 2020 - 2:10pm TBPE FIRM # F-002411, TBPLS FIRM # 100250-00 PROJ. #: 738-20-03
DRAWING: DAProject Backups\738 Jimmy Jacobs\738-20-03 Hawes Tract\Survey Project Folder\Drawings\738-20-03 DevelopmentAgreemsM Sk0tr11.dwq
EXHIBIT A - THE PROPERTY Page 9 of 11
THE CANYONS AT HCH RANCH
BEING 364.2 ACRES, (15,865,408 SQ. FT.), OF LAND OUT OF THE D. CASANOVA SURVEY, ABSTRACT NO. 128,
THE W.A. TURNER SURVEY, ABSTRACT NO. 607 AND THE R. BAKER SURVEY, ABSTRACT NO. 824, IN WILLIAMSON COUNTY, TEXAS
AS DESCRIBED IN DOC. NO. 2019006810 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS.
iFrFNn
®
1/2-INCH IRON ROD FOUND
CAPPED AS NOTED
O
1/2-INCH IRON ROD SET W/ CAP
STAMPED "HAYNIE CONSULTING'
FOUND RAILROAD SPIKE
0
FOUND 60D NAIL
®
CALCULATED POINT
ADJACENT PROPERTY LINE
— —
APPROXIMATE ORIGINAL PATENT SURVEY LINE
()
RECORD INFORMATION
R.O.W.
RIGHT-OF-WAY
O.P.R.W.C.
OFFICIAL PUBLIC RECORDS
OF WILLIAMSON COUNTY
W.C.P.R. WILLIAMSON COUNTY PLAT RECORDS
W.C.D.R. WILLIAMSON COUNTY DEED RECORDS
NOTES:
1. BEARINGS OF LINES REFER TO GRID NORTH OF THE TEXAS
COORDINATE SYSTEM OF 1983 (CENTRAL ZONE) AS COMPUTED
FROM GPS VECTORS.
2. DISTANCES ARE EXPRESSED IN U.S. SURVEY FEET SCALED TO
SURFACE USING A COMBINED SCALE FACTOR OF 0.99985178.
SURFACE DISTANCE = GRID DISTANCE / 0.99985178.
3. PARENTHETICAL BEARINGS AND DISTANCES REFER TO PARENT
TRACT RECORD INFORMATION WHERE IT DIFFERS FROM MEASURED.
4. THIS SURVEY PLAT IS ACCOMPANIED BY AND MADE A PART OF A
NARRATIVE METES AND BOUNDS DESCRIPTION.
5. ALL ORIGINAL PATENT SURVEY BOUNDARY LINES SHOWN HEREON
ARE APPROXIMATE.
6. THIS TRACT IS INSIDE ZONE "X" AS IDENTIFIED BY THE US FEDERAL
EMERGENCY MANAGEMENT AGENCY BOUNDARY MAP (FLOOD
INSURANCE RATE MAP, F.I.R.M.) COMMUNITY PANEL NUMBER
48491CO275E, EFFECTIVE SEPTEMBER 26, 2008 FOR WILLIAMSON
COUNTY. TEXAS.
7. UNITED STATES OF AMERICA; EASEMENT AND RIGHT-OF-WAY;
TRACT 400E-2; CALLED 20.43 ACRES; VOL. 589, PG. 101, W.C.D.R.
8. UNITED STATES OF AMERICA; EASEMENT AND RIGHT-OF-WAY;
TRACT 409E; CALLED 7.03 ACRES; VOL. 589, PG. 101, W.C.D.R.
HAYNIE
CONSULTING, INC.
mECivil Engineers and Land Surveyors
1010 Provident Lane
Round Rock, Texas 78664-3276
PLOTTED BY: pyglesias Ph: 512-837-2446 Fax: 512-837-9463
PLOT TIME: Sep 03, 2020-2:10pm TBPE FIRM # F-002411, TBPLS FIRM # 100250-00
DRAWING: DA"ed Backups\738 Jimmy Jacobs\738-20-03 Hawes Tract\Survey Project Folder\Drawings\738-20-03 Development Agreement Sketch.dwg
EXHIBIT A - THE PROPERTY
Page 10 of 11
THE CANYONS AT HCH RANCH
BEING 364.2 ACRES, (15,865,408 SQ. FT.), OF LAND OUT OF THE D. CASANOVA SURVEY, ABSTRACT NO. 128,
THE W.A. TURNER SURVEY, ABSTRACT NO. 607 AND THE R. BAKER SURVEY, ABSTRACT NO. 824, IN WILLIAMSON COUNTY, TEXAS
AS DESCRIBED IN DOC. NO. 2019006810 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS.
LINE TABLE
LINE NO.
BEARING
LENGTH
L1
S21 °49'31 "E
117.35'
(S20-35'58"E)
(117.51')
L2
S20°19'43"E
582.36'
(S19°04'58"E)
L3
S20°26'03"E
884.44'
(S19-04'58"E)
L4
S20°34'58"E
261.11'
(S1 9-1 8'40"E)
(260.95')
L5
N21 °28'58"W
249.58'
(S20-1 0-1 9"E)
(230.00')
L6
S22°06'28"E
608.68'
(S20"47'58"E)
(90.52')
(S20'50'27"E)
(302.07')
(S21°04'44"E)
(88,00')
52A°24'43"E
127.98'
L7
S21 °27'58"E
683.82'
(S20-39'20"E)
(61.04')
(S20°59'46"E)
(224.15')
(S17°5613"E)
(82,38')
(S20"10'46"E)
(283.06')
L8
S20°44'58"E
130.41'
(S19"35'09"E)
(155 B2')
1-9
S21°19'58"E
180.42'
(S20°07'04"E)
(138.42')
1-10
S21 °27'58"E
361.69'
(S19"56'05"E)
(140.76')
(S20°22'16"E)
(194.62')
(S19'51'55"E)
(77.93')
L11
S21 °43'28"E
284.21'
(S20°28'07"E)
(282.25')
L12
S69°14'32"E
1450.84'
(S70`32'20"WW)
(1450.03')
L13
S22°37'58"E
510.49'
(S21°22'40"E)
(509.51')
L14
S50°14'20"W
538.43'
(S51-34'50"WW)
(539.50')
L15
S72°02'25"W
107.70'
(S71°25'31"WN
(108.44')
PLOTTED BY: pyglesias
PLOTTIME: Sep03,2020-2:11pm
DRAWING: D:\Project idaaups1738 Jimmy Jacobs\738-20-03 Hawes
LINE TABLE
LINE NO.
BEARING
LENGTH
L16
S50°14'20"W
504.65'
(S51"46'59"WJ)
(502.93')
L17
N43°53'05"W
644.21'
(N42°36'56"WW)
(251.92')
(N42°38'19"WV)
(391.87')
L18
N49°21'15"W
297.62'
(N48"03'26"W)
(297.62')
L19
NO2°22'25"E
334.17'
(NO3'39-24"E)
(334A7)
L20
N11°5735"W
370.00'
(N10°39'06"WW)
(369.90')
L21
N32°21'35"W
271.37'
(N30°41'41"WW)
(27t54')
L22
N22°27'35"W
180.00'
(N21"13'08"W)
(179.54')
L23
N50°14'55"W
41.02'
(N48°52'19"WW)
(41.01')
L24
N18°41'35"W
1030.34'
(N17°23'10"WW)
(1030,47')
L25
N27°36'25"E
143.51'
(N30°48'01"E)
(146.39')
L26
N21°12'00"W
451.72'
(N20"36'41"M
(513.60')
L27
N21-49-10"W
60.01'
L28
S84°31'09"E
888.24'
(S83°14'48"E)
(88B.40')
L29
S80°36'32"E
632.47'
(S79°18'49"E)
(632.37')
L30
N66°50'25"E
1874.78'
(N68'08'29"E)
(1874.62')
HAYNIE
CONSULTING, INC.
or1�ft Civil Engineers and Land Surveyors
1010 Provident Lane
Round Rock, Texas 78664-3276
Ph:512-837-2446 Fax:512-837-9463
TBPE FIRM # F-002411, TBPLS FIRM # 100250-00
Drgezl Fdde!ADrewrigs1738-20.030evdopmen[Agream¢m Sketch.dwg
EXHIBIT A - THE PROPERTY
Page 11 of 11
THE CANYONS AT HCH RANCH
BEING 364.2 ACRES, (15,865,408 SQ. FT.), OF LAND OUT OF THE D. CASANOVA SURVEY, ABSTRACT NO. 128,
THE W.A. TURNER SURVEY, ABSTRACT NO. 607 AND THE R. BAKER SURVEY, ABSTRACT NO. 824, IN WILLIAMSON COUNTY, TEXAS
AS DESCRIBED IN DOC. NO. 2019006810 OF THE OFFICIAL RECORDS OF WILLIAMSON COUNTY, TEXAS.
CURVE TABLE
CURVE NO.
LENGTH
RADIUS
DELTA
CHORD BEARING
CHORD LENGTH
C1
578.16'
2191.83'
015°06'49"
S57° 47' 45"W
576.49'
(NO CURVE)
(S59°07'47"W
(576,24')
C2
411,40'
455.68'
051°43'42"
N23° 29' 25"W
397.57'
(411.40')
(455.73')
(051-43-20")
(S22-11'46"E)
(397,57')
C3
213.97'
855.30'
014°20'01"
N04° 47' 35"W
213.41'
(214.10')
(852.09')
(014-23-48")
(1903° 32' 30"V)
(213.54')
C4
170.41'
513.88'
019°00'00"
NO2° 27' 35"W
169.63'
(168.85')
(516.05')
(018-44-50")
(S01" 06' 43"E)
(16610-)
C5
425.37'
618.58'
039°24'00"
N12° 39' 35"W
417.04'
(424.23')
(613.55')
(039"36'59")
(N11" 32' 50"W)
(415, B3')
C6
160.75'
284.48'
032°22'33"
N16° 10' 20"W
158.62'
(160.65')
(290,93')
(031-38-21")
(S14- 52' 31"E)
(15B 62')
C7
260.45'
663.97'
022°28'29"
N11° 13' 20"W
258.78'
(260.77')
(687.56')
(021-43-50")
(N09- 55' 15" W)
(259.21')
C8
225.16'
464.33'
027°47'00"
N36° 21' 05"W
222.96'
(225.16')
(467,45')
(027-35-53")
(N35" 04' 22"W)
(222.99')
C9
200.87'
364.78'
031°33'01"
N34° 28' 05"W
198.34'
(200.87')
(364,78')
(031"33'01")
(S30- 40' 30"E)
(198 34')
C10
318.66'
417.79'
043°42'03"
N40° 32' 36"W
310.99,
(31 R54')
(417,38')
(043-43-42")
(N39" 15' 01"W)
(310.87)
<3
PATRICK J. YGLESIAS
r 5813 Y
Ss' fG
SUR`�
Sep 03, 2020
HAYNIE
CONSULTING, INC.
Civil Engineers and Land Surveyors
1010 Provident Lane
Round Rock, Texas 78664-3276
PLOTTED BY: pyglesias Ph: 512-837-2446 Fax: 512-837-9463
PLOT TIME: Sep 03, 2020 - 2:11pm TBPE FIRM # F-002411. TBPLS FIRM # 100250-00
DRAVNNG: DAProdeA Bockup51733 Jimmy Jacobs1738-20-03 Hawes TraztGurvey Protect Fadder0ramngs%738.20.03 Development Agreement Sketch.dwg
THE CANYONS AT HCH RANCH
BEING 364.2 ACRES (15,865,408 SQ. FT.) OF LAND, OUT OF THE D. CASANOVA SURVEY, ABSTRACT NO. 128,
THE W.A. TURNER SURVEY, ABSTRACT NO. 607 AND THE R. BAKER SURVEY, ABSTRACT NO. 824,
GEORGETOWN, WILLIAMSON COUNTY, TEXAS
HOWARD H. CONE
CALLED 20.00 ACRES
DOC. 2003045738, O,P.R.W,C,
1
r LOT 16 '
LOT 15
LOT 14
LOT 13
JAMES
HAWES
RESERVE
LOT
0 d -
-J U
0 LOT 11
LLJ m LOT I0
Lu _J
U
0
LOT 9 %
U LDT3'
LDT 7
LOT 6
LOT 3
LOT 1 /
0 80U Ir;On
\ \
Feet
ANTHONY D, MOORE AND WIFE KIMBERLY!
KRAMER MOORE
SCALE: V = 800'
CALLED 27.32 ACRES
VOL, 1884PG. 150, W,C.D,R,
DOC. 199069433, O,P,R.W,C,
i
DAY MINERALS, LP
CALLED 36.65 ACRES
DOC. 2009003800, O P R W C
JOHN M. DAY AND WIFE,
1201 IN SPRINGS RD
GEORGIA M, DAY
GEORGETOETOWN, Tx 78628
GE
CALLED 30.64 ACRES
R419600
DOC, 2000006996. O,P.R.W.0
21
n �
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21
2e 12.
o
'
MIKE MERSIOSKY AND WIFE,
1e 16 �•
TRAIL
ROBBIE MERSIOSKY
17
12
23
CALLED 24.21 ACRES
1
Gb�F 1i 1►
� 21
s 1
7�
DOC. 2000028370, O.P.R.W6C.
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1•
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MIKE MERSIOSKY AND WIFE,
�
- »
ROBBIE MERSIOSKY
e
y
�
CALLED 24.21 ACRES
i
DOC. 2001076842, O.P,R,W.C,
LOT 16
LOT 18
LOT 20
LOT 22
LOT 24 --_ f-T - f- - -
LOT 26
LOT 28
SEE AFFIDAVIT OF CORRECTION
-FOR'HAWES RANCH"
VOL �7114. PG. 396, W.C-D.R,
LOT 30 DOC 1993013443, O.P.R-W.C.
LOT 34 r _ \ —
,r A I I
do
EXHIBIT "B"
SITE LAYOUT PLAN
HAYNIE
CONSULTING, INC.
Civil Engineers and Land Surveyors
1010 Provident Lane
Round Rock, Texas 78664-3276
Ph:512-837-2446 Fax:512-837-9463
TBPE FIRM # F-002411, TBPLS FIRM # 100250-00
Exhibit B-1
List of Additional Deviations from UDC Requirements
1. UDC Section 12.03.030: The following deviations from Table 12.03.030 are approved:
(i) Local Street/Rural Estate designed speed shall be 25 mph; (ii) Residential Collector
designed speed shall be 25 mph; (iii) Local Street/Rural Estate right-of-way minimum
width shall be 60 feet; and (iv) Residential Collector designed parking shall be for one
side of the street.
2. UDC Section 12.03.030(A): Deviation from maximum distance of intersection spacing
due to topographic limitations and provide stop conditions and use city approved
traffic calming devices every 1500 feet where stop conditions cannot be met.
3. UDC Section 12.03.030 and 12.050.020(A)(1), (A)(2): Local Street network and severe
topographic restraints do no present opportunities for through streets. Deviation is
approved to allow maximum intersection spacing of 2075 feet and traffic calming
devices every 1500 feet in lieu of stop conditions.
4. UDC Section 12.05.010: Street Network Connections. Two connections shall be
provided for the Project if the Project is developed as a private subdivision.
5. UDC Section 12.050.020(D): A connectivity ratio of 1.17 is approved.
6. UDC Section 12.050.040: The location of the Mail Kiosk along a Private Street is
approved if the Project is developed as a private subdivision (subject to acceptance by
the United States Postal Service).
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Exhibit "D"
Roadway Maintenance Plan
Introduction
This Roadway Maintenance Plan is presented for use in evaluating the current condition of the
pavement at a specific point in time to determine maintenance needed now and in the future with an
estimate of the costs over a 20-yr period.
Pavement Management System
Pavement Management System (PMS)
This method should be used to assists in optimizing strategies for providing and maintaining
the pavement in a serviceable condition over the given period of time. The primary benefit of
the system is that it helps users identify and rate a pavement and select cost-effective
alternatives for pavement maintenance and rehabilitation.
Pavement Rating System
A key component of any pavement management system is the pavement rating system. These
systems involve calculating a numerical score or index based on the visible pavement distress
(cracks, patches, rutting, etc.), which allows users to make an unbiased comparison between
roadway segments based on their condition. Many Pavement Rating Systems have been created
over the years.
Schedule of Evaluation and Maintenance
After approximately four (4) years of new pavement placement, the first pavement evaluation should
occur using a pavement rating system and the proposed/necessary maintenance method(s) selected,
scheduled, and implemented. The following is proposed for this plan.
Schedule
Year 4:
1. Conduct initial pavement inspection using a Pavement Rating System to determine a baseline
condition of the pavement.
2. Treat all pavement with Reclamite (a high performance asphalt rejuvenator), informational data
on Reclamite attached, see Exhibit A.
3. 30-days after treatment of Reclamite, initiate and apply Crack Seal.
4. Miscellaneous isolated pavement or ribbon curb corrections/repairs.
5. Collect fees for future application of a Friction Seal, Micro Seal, Mill & Pave or Other Pavement
Improvements expected on or after Yrs. 16 - 20.
Years 8, 12, 16 & 20:
1. Conduct pavement inspections using a Pavement Rating System to evaluate condition of the
pavement.
2. Treat all pavement with Reclamite.
3. 30-days after treatment of Reclamite, apply Crack Seal.
4. Miscellaneous isolated pavement or ribbon curb corrections/repairs.
5. Collect fees for future application of a Friction Seal, Micro Seal, Mill & Pave or Other Pavement
Improvements expected on or after Yrs. 16 - 20.
EXHIBIT A - Scheduled Maintenance and Associated Costs
YearEnd TiltalNo Annual Fee
Year Total Lots Per Lot
• Projected Rate of IncrCasu for Iabar/rnatcn als 15 c5trmcited harem at 3 U"k J Year
1 $ 44,300 196 $ 238 17
• pees are calculated on four (41 intervals and then ov ernged over the four (4) year period, thus patxnent.s per lot
icrrtmu die sumo acid only inci vase at the bcllinning of cecli four ycw pet iod (1-4, 4.8, 13•12, 12•I6 & 16.20).
2 $ 44,300 186 $ 238 17
• tifn r'CpatrS er CORCCtrPltp urC expCClCd Ip ItC nCCCSya[y Il1tt1u�1i 11u �rsl lllYri (�� VL•aY$ pf rCadN'S}' ]lfc
• FCrs collected my -he moved from uric itartr to mtolher :rs needed to cover costs far ioarlwxty mainicannee
3 $ 44,300 186 S 238.17
Yev 4: Collection of Roadway Maintenance fees based on the following items and applied as noted - Years I Through 20: 4 $ 44,300 186 $ 238.17
Yr4S'um S 171,260 Talu14Yr Aeculadon
i(S777,200141 j'11861,nls = S238.77)
i(S238.17x 186Lols = $44300/Yr, Years 1-4)
1 Conduct pavement inspection and evaluation (Occurs every 4 years beginning on year 4); $ 3,200
2 Conduct Reclamite Tieatment, (Occurs every 4 years beginning on Year 4,)
($1,25/SY x 64,000SY of Pavement): $ 1 25 64,000 $ 80,000
3 Conduct Crack Sealing - To be done 30 to 60 days after Reclamite Treatment Cost per year is set at
$3,750/yeas (Fees me calculated on four (4) year intervals $3,750 x 4Yr = $15,000): Lump Sum $ 15,000
4 Collect fees for miscellaneous isolated pavement or ribbon curb corrections/repairs
(Improvements occw as needed.): Lump Sum $ 15,000
5 Collect fees for future application of a Friction Seal, Micro Seal, Mill & Pave or Other Pavement
Improvements expected on or after Yrs, 16 - 20, ($4.00/SY x 25% of Total Roadway x 64,o0oSY of
Pavement): 4 25% 64,000 $ 64,000
Total $ 177,200
Yeat End Total No Annual Fee
'Years 5 - 7:
Year Total Lots Per Lot
Items to be completed
5 $ 49,860 186 $ 26806
' Conduct Crack Settling
• Correct jury misecliancous roadway rcpxirs - including but not limilyd to base, p;nTment no r'i bbun curb
6 $ 49,860 186 $ 26806
7 $ 49,860 186 $ 268-06
'Year 8:
8 $ 49,860 186 $ 26806
Yr 8 Sum S 7➢9,440 Tao,14Yr Accularian
1 Conduct pavement inspection and evaluation (Occurs every 4 vears beginning on year 4)- ($199,4404)-dl86Lors = 2$68..06)
Conduct Reclamite Treatment. (Occurs every 4 years beginning on Year 4 )
I1.ols=S47i K60 /Yr, Years i-K)
($268.06x186
($1.25/SY x 64,OOOSY of Pavement)-
3 Conduct Crack Sealing - To be done 30 to 60 days after Reclamite Treatment. Cost per year is set at
$3,750/year- (Fees are calculated on four (4) year intervals $3,750 x 4Yr = $15,000):
Collect fees for miscellaneous isolated pavement or ribbon curb corrections/repairs
4
(Improvements occur as needed.):
Collect fees for future application of a Friction Seal, Micro Seal, Mill & Pave or Other Pavement
5 Improvements expected on or after Yrs, 16 - 20. ($4.00/SY x 25% of Total Roadway x 64,OOOSY of
Psrmncnt).
Years 9-11:
Items to be completed
' Conduct Crack Scaling
' Correct any miscellaneous roadway rmpaira - tncludrny but not Imtncd to bxac, pav'emcnr or nbbudi cw'b
I Year 12:
I Conduct pavement inspection and evaluation (Occurs every 4 years beginning on year 4):
2 Conduct Reclamite Treatment. (Occurs every 4 years beginning on Year 4.)
($1.25/SY x 64,000SY of Pavement):
3 Conduct Crack Seal ing - To be done 30 to 60 days after Reclamite Treatment, Cost per year is set at
$3,750/year (Fees are calculated on four (4) year intervals $3,750 x 4Yr = $15,000):
4 Collect fees for miscellaneous isolated pavement or ribbon curb corrections/repairs-
(Improvements occur as needed ):
Collect fees for future application of a Friction Seal, Micro Seal, Mill & Pave or Other Pavement
5 Improvements expected on or after Yrs- 16 - 20- ($4 00/SY x 25% of Total Roadway x 64,000SY of
Year End Total No Annual Fee
Year Total Lots Per Lot
9. $ 56,118 186 S 301.71
10 $ 56,118 186 S 301 711
11 $ 56,118 186 $ 301 711
12 $ 56,118 186 $ 301.71
1'r 12S'unt I 5124,472 Tota141rAcculation
(5214,4721,(1,086Lols = 3$ 01.71)
(5301.71x186La1c = 5 sr,,)18/Yr, Years 9-12)
EXHIBIT A - Scheduled Maintenance and Associated Costs
Year End Total No.
Annual Fee
Years
13 • I5:
Year
Total Lots
Per Lot
Items to be completed:
13
$ 63,161 196
$ 339.58
* Conduct Crack Sealing
• Correct any miscellaneous roadway repairs - including but not limited to base, pavement or ribbon curb.
14
$ 63,161 186
$ 33958
15
$ 63,161 186
$ 33958
Year 16:
16
$ 63,161 186
$ 33958
Ve 16 Saln
I S 25$645 Trua14YrA"w1al rnj
I
Conduct pavement inspection and evaluation (Occurs every 4 years beginning on year 4):
(5252.64514jrs-11 P61.ras- i'.ik58)
2
Conduct Reclamite Treatment, (Occurs every4 years beginning on Year 4.)
(S339.SAvl8fiLofx = $40. 161/Yr, Years 13-16)
($1 25/SY x 64,000SY of Pavement)
Conduct Crack Sealing - To be done 30 to 60 days after Reclam ite Treatment Cost per year is set at
3
$3,750/year. (Fees are calculated on four (4) year intervals $3,750 x 4Yr = $15,000):
4
Collect fees for miscellaneous isolated pavement or ribbon curb corrections/repairs
(improvements occur as needed ):
Collect fees for future application of a Friction Seal, Micro Seal, Mill & Pave or Other Pavement
5
Improvements expected on or after Yrs 16 - 20 ($4,00/SY x 25% of Total Roadway x 64,000SY of
Pavement):
Year End Total No
Annual Fee
'Years
17 - 19:
Year
Total Lots
Per Lot
Ilcros to be compleled
17
$ 71,088 186
$ 382.20
• Conducl Crack Scaling
• Correct any mmccllanwct5 roadway rcpawr - including but mx hmttcd to base, pavement or nbbon curb
18
$ 71,098 186
S 39220
19
$ 71,088 196
$ 38220
'Year 20:
20
$ 71,088 186
$ 38220
1i 108um
5 J84,3S4 To1a143'r Acculalion
I
Conduct pavement inspection and evaluation (Occurs every 4 years beginning on year 4):
($284,354/4)-d186Lo1.r = $381.20)
3
Conduct Reclamite Treatment, (Occurs every 4 years beginning on Year 4.)
($1,25/SY x 64,000SY of Pavement):
(5382.20x1861,ols = 971.088/Yr, Years 17-20)
Conduct Crack Sealing - To be done 30 to 60 days after Reclamite Treatment. Cost per year is set at
3
$3,750/year. (Fees are calculated on four (4) year intervals $3,750 x 4Yr = $15,000):
4
Collect fees for miscellaneous isolated pavement or ribbon curb corrections/repairs
(Improvements occur as needed,):
Collect fees for future application of a Friction Seal, Micro Seal, Mill & Pave or Other Pavement
5
Improvements expected on or after Yrs. 16-20 ($4.00/SY x 25% of Total Roadway x 64,000SY of
Pavement).
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Exhibit "E"
60' ROW
Lu
I� 8' CLEAR. 32' LOG TO LOG.
J j"'
�FIDRESL PE ---1 I 38' BASE WIDTH -
18" R. CURB I+— 16' TO PGL
EXISTING I 18" pVERBURi]EN-1 CENTERLINE -PGL
GROUND
8' CLEAR.
E i W
16' TO PGL �=1 y+- 18" R. CUR I�
i 18" OvE BURDEN ix
NG
ND
Ex-
MATCH
FORESLOPE VARIES,
INSIDE LIIM�E'Xlll
F
ROW
MIN. 2%, MAX. 4:1 S.S.
BACKSLOPE VARIES,
FORESLOPE VARIES,
RURAL COLLECTOR SECTION Mµ1. 2%, MAX. 4181K
MATCH
INSIDE LIMITS
DdSt,
OF
MIN. 2%, MAX. 3:1 S.S.
BACKSLOP VARIES, ROW
60'
R.O.W. WITH CENTERLINE CROWN MIN. 2%,MAX, 3:1SS.
PAV
NOT TO SCALE
F—
Z 18' CLEAR.Lu
-
jJ
O
� I 18" R. CURB --�I
EXISTING I 18" OVERBURDEN
GROUND I
60' ROW
32' LOG TO LOG.
38' BASE WIDTH -
16' TO PGL
CENTERLINE - PGL
2.00% —
8' CLEAR.
CC
16' TO PGL 18' R, CURB I T
IN C
-�I I-- 18" OVERBURDEN I GE
WI
SE
GE
MATCH EXIST. I
BACKSLOPE VARIES, FORESLOPE VARIES,
INSIDE LIMITS OF
ROW
MIN. 2%. MAk-3'155. MIN. 2%. MAX. 4:1 S.8.
4XIST.
FORESLOPE VARIES,
RURAL COLLECTOR SECTION
MIN 2%, MAX. 4:1 S.S. ILIMIITS
SACKSLOPE VARIES, OF ROW 1.
60'
R.O.W. WITH 2% RIGHT CROSS -SLOPE
MIN, 2%, MAX 3:1 SS
z
60' ROW
w
8' CLEAR.
32' LOG TO LOG.
8' CLEAR.
Z
J
1
3
38' BASE WIDTH
I
1 2
w
18" R. CURB
16' TO PGL
16' TO PGL
i 18" R. CURB l d
NG ?
18" OVERBURDEN �I
18" OVERBURDEN
ND ^
4
CENTERLINE-PGL
E%ISTiNG
Uli� N
0
�- 2.00%
FORESLOPE VARIES, /BCKSLOPE
MATCH EXIST-
MIN- 2% MAX.S.S.MATCH
MIN, 2%, MAX. 4:1 S.S, . 3EXIST.
INSIDE LIMITS
ROW
RURAL COLLECTOR SECTION
NS
ILIMITS
FORESLOPE VARIES,
MATCH
EXIST.
MIN. 2%, MAX, 4:1 S,S.
60' R.O.W. WITH 2% LEFT CROSS -SLOPE
OF ROW
INSIDE
BACKSLOPEVARIES,
LIMITS
MIN. 2%, MAX. 3:1 S.S.
OF ROW
Exhibit "E"
w
z
3
OI
n: 1
EXISTING
GROUND
60' ROW
8' CLEAR. 26' LOG TO LOG.I 8' CLEAR,
�� I
8' FbRESLOPE 32' BASE WIDTH 8' FORESLOPE
16* R. CURB I �� 13' TO PGL 13' TO PGL 18" R. CUR
18" OVERBURDEN-----� CENTERLINE - PGL
Imo_ 1 nn4c 7 nnm— �I 18" OViFtBUF
II
j EXISTING
GROUND
INSIDEC LIMITS,,
MITS TOF MATCH 1EX15T.
MIN.2%,MAX.41S.S RURAL LOCAL SECTION MIN. ROW INSIDE LIMITS OF
BACKSLOPE VARIES, BACKSLOPE VARIES, ROW
MIN, 2%, MAX, 3:1 S.S. 60' R.O.W. WITH CENTERLINE CROWN MIN. 2%, MAX 3:I S.S.
NOT TO SCALE
60' ROW
z 8' CLEAR26' LOG TO LOG.
•8' FORESLOPE I 32' BASE WIDTH
18" R. CURB 13' TO PGL 13' TO PGL
EXISTING 18" OVERBURDEN
GROUND P
CENTERLINE -PGL
2.GD% P.001A
MATCH EXIST. BACKSLOPE VARIES. FORESLOPE VARIES,
INSIDE LIMITS OF MIN. 2%, MAX 3:1 S.S.
ROMIN. 2%, MAX 4:1 S.S.
W
�-- 8CLEAR. �{
i� 8' FORESLOPE
18" R. CURB I w
z
i 18" OVERBURDEN IJ
O
tr
FORESLOPE VARIES,
RURAL LOCAL SECTION MIN. 2%, MAX, 4:1 SS.
BACKSLOPE VARIES,'
I
EXISTING IN'
GROUND
MATCH EXIST,
INSIDE LIMITS OF
ROW
60' R.O.W. WITH 2% RIGHT CROSS -SLOPE
MIN. 2%, MAX 3:I S.S.
— 60' ROW
{� 8' CLEAR. — — 26' LOG TO LOG. +
8' CLEAR,
z
�
ll
1
8' FORESLOPE
- 32' BASE WIDTH
8' FORESLOPE
18" R. CURB
13' TO PGL
13' TO PGL
1
r+: 118" R. CURB
O
�
7I
1 "OVERBURDEN
~I i � 18" OVEREUR
EN
EXISTING
I GROUND
CENTERLINE PGL
O
t 2.00°ti
21TD°.5
EXISTING
GROUND
BACKSLOPE VARIES,
FORESLOPE VARIES, MIN. 2%, MAX 3:1 S.S.
MIN. 2%, MAX 4:1 S.S.
M.'IC EXIST.
INSIDE LIMITS OF '
ROW
IN'
MATCH EXIST,
,MAX411SS RURAL LOCAL SECTION
INSIDE LIMITS OF
MINR2
ROW
BACKSLOPE VARIES,
MIN. 2%, MAX. 3:1 SS. 60' R.O.W. WITH 2% LEFT CROSS -SLOPE