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ORD 2009-08-A - Ravenwood Development Amended Agreement 11-11-2008ORDINANCE NO. 2009-08A AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE TIRZ #1 DEVELOPMENT AGREEMENT FOR RAVENWOOD VILLAGE PROJECT; PROVIDING FOR A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on April 24, 2007, under the provisions of Chapter 311 of the Texas Tax Code, the City Council authorized a City of Huntsville TIRZ #I Development Agreement for Ravenwood Village Project (the "Development Agreement'); WHEREAS, the Development Agreement was made in association with the Performance Agreement Between the City of Huntsville, Texas, and Ravenwood Village, Ltd for Ravenwood Village Development as part of a project which was to include both a commercial phase and a residential phase; WHEREAS, no progress has been accomplished for the residential phase and significant national economic factors have rendered new residential development impractical; WHEREAS, on November 11, 2008, City Council amended the Project Plan and Financing Plan for TIRZ #l; and WHEREAS, the City Council desires to amend the Development Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Findings. A. The facts and recitations contained in the preamble of this ordinance are found to be true and correct and are adopted as part of this ordinance for all purposes. B. Construction for the commercial phase, including Public Improvements, of the Ravenwood Village Project has commenced. C. Revising the Agreement is beneficial to the Public. SECTION 2: Amendment. A. Exhibit A is attached hereto is substituted in place of Exhibit A to the Development Agreement. B. Exhibits to the Development Agreement are amended to reflect the Tax Increment Reinvestment Zone Project Plan and Financing Plan as those Plans have been amended on November 11, 2008. C. Section I.N. is amended to provide that "The Cap" shall be $3,520,000. D. Section 1.P is amended to provide that the "Tax Increment" shall use $211,480 as the appraisal value of the Property on January 1, 2004. E. Exhibit E shall be amended to delete the line: "Residential 60 acres @ $74,667 $4,480,000." F. Exhibit E shall be amended to state Total Public Improvement Cost as, "$4,220,109." SECTION 3: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council determines that it would have adopted this Ordinance without the invalid provision. SECTION 4: This Ordinance shall take effective immediately from and after the date of its passage. PASSED AND APPROVED THIS 111H DAY OF NOVEMBER 2008 CITY OF HUNTSVILLE, TEXAS J. Turner, Mayor ATTEST: VSteierim, City Secretary APPROVED AS TO FORM: Thomas A. Lee , C ty Attorney CITY OF HUNTSVILLE, TEXAS Public Works - Surveying 448 State Hpy. 75 North Huntsville, Texas 77320 THE STATE OF TEXAS § COUNTY OF WALKER § I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that this document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. TAX INCREMENT REINVESTMENT ZONE NUMBER ONE (REVISED) Being a parcel of land containing approximately 68.3976 acres, within the corporate limits of the City of Huntsville, situated in the PLEASANT GRAY LEAGUE, Abstract No. 24, Walker County, Texas, said parcel being comprised of the following: (1) A called 9.4958 acre tract described by metes and bounds labeled "Target Tract" and attached as Exhibit "A" in a Corrected Operation And Easement Agreement Between Target Corporation and Ravenwood Village, Ltd. recorded in Volume 862, page 272, Official Public Records of Walker County, Texas. A copy of which is attached hereto as EXHIBIT "A ". (2) A called 22.5314 acre and 35.4691 acre tract described by metes and bounds labeled "Developer Parcel A and B" respectively and attached as Exhibit "B" in said Corrected Operation And Easement Agreement Between Target Corporation and Ravenwood Village, Ltd.. A copy of which is attached hereto as EXHIBIT `B ". (3) A called 0.9013 acre tract described by metes and bounds labeled "Proposed Ravenwood Village Drive" and attached as Exhibit F in a Property Owners Agreement between Ravenwood Village, Ltd. and MCN Realty LP recorded in Volume 864, page 64, Official Public Records. A copy of which is attached hereto as EXHIBIT "F ". The following Exhibits of Survey Plat and Site Plan are included as follows: (1) Survey Plat attached as Exhibit "E" in said Property Owners Agreement between Ravenwood Village, Ltd. and MCN Realty LP. A copy of which is attached hereto as EXHIBIT "E ". (2) Site Plan attached as Exhibit "X" in said Corrected Operation And Easement Agreement Between Target Corporation and Ravenwood Village, Ltd.. A copy of which is attached hereto as EXHIBIT «X„ EXHIBIT "A" Page 1 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas EXHMIT "A" Bk Vol F9 +!un U 4158 OR 862 3313 EXHIBIT A LEGAL DESCRIPTION OF TARGET TRACT Being a tract or parcel containing 9 4958 acres (413,637 square feet) of land situated in the P Gray Survey, Abstract Number 24, Walker County, Texas, and being out of and a portion of the called 38473 acre tract as described in the dead to John T Smither, et al, recorded in Volume 109, Page 470, of the Walker County Deed Records, said 94958 acre tract being more particularly described by metes and bounds as follows (all beanngs am based on the Texas State Plane Coordinate System, Central Zone, as represented by the City of Huntsville, Texas, Mapping Control Network) COMMENCING at a 5/8 -inch iron rod found in the north right -of -way line of Smither Road (width vanes) marking the northwest comer of Parcel 32 as described in the deed recorded in Volume 402, Page 458, of the Walker County Deed Records, THENCE, North 03 °29'46" West, along the east line of the called 248 20 acre tract, as described in the deed recorded in Volume 90, Page 488, of the Walker County Deed Records, a distance of 1,88547 feet to a 1/2 -inch iron rod found marking the southwest comer of the called 32 2328 acre tract as described in the deed recorded in Volume 456, Page 155, of the Walker County Deed Records, from which a 5/8 -Inch Iron rod found marking the northwest corner of said called 32 2328 acre tract bears North 03 °24'07" West, 787 72 feet, THENCE, North 88 °19'48" East, along the south line of said called 32 2328 acre tract, a distance of 2,003 39 feet to a 5/8 -inch Iron rod found in the west nght -of -way line of Interstate Highway 45 (width vanes) as described in the deeds recorded in Volume 155, Page 422, and Volume 155, Page 427, of the Walker County Deed Records, marking the southeast corner said called 32 2328 acre tract, THENCE, South 32 °38'37" East, along said west ngMof-way line a distance of 920 95 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the north comer and POINT OF BEGINNING of the herein described tract, THENCE, crossing the aforesaid called 384 73 acre tract the followang twenty (20) courses and distances, South 57 °23'23" West, a distance of 408 48 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, South 32 °36'37" East, a distance of 3000 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, South 57 °23'23" West, a distance of 177 01 feet to a 518 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle comer of OSO)5E MIN DAUAS 22599555 EXHIBIT "A" Page 2 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Tesas Bk Vol Ps 00004158 OR 862 339 the herein described tract, North 32 "36'37" West, a distance of 128 50 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, South 57 °2323" West, a distance of 297 46 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, South 47 °15'47" East, a distance of 69.80 feet to a 5 /8-mch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, South 32 °38'37" East, a distance of 47 31 feet to a 5/B -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, South 57 "23'23" West, a distance of 237 89 feet to a 5/8 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle comer of the herein described tract, North 32 "38'37" West, a distance of 7.91 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein descnbed tract, South 57 °23'23" West, a distance of 21445 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the west comer of the herein described tract, South 32 °36'30" East, a distance of 420 00 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the south comer of the herein described tract, North 57 °2323" East, a distance of 136 79 feel to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set madong an angle corner of the herein described tract, North 32 "3697" West, a distance of 792 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, North 57 "23'23" East, a distance of 295 13 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, 0&3366000124 nAt1AS 22599585 EXHIBIT "A" Page 3 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas P -1: Vol Ps 01/00415 OR 862 340 North 32 "36'37" West, a distance of 33 50 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, North 57 °23'23" East, a distance of 118 10 feet to a 5/8 -inch Iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, North 32 °36'37" West, a distance of 3150 feet to a 518 -inch Iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, North 57 °23'23" East, a distance of 415 13 feet to a 518 -inch Iron rod with plastic cap stamped "TERRA SURVEYING" set marking the east corner of the herein described tract, North 32 °38'37" West, a distance of 295 50 feet to a 518 -inch Iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein descnbed tract, - North 57 °23'23' East, a distance of 354 50 feet to a 5M -inch iron rod with plastic cap stamped "TERRA SURVEYING' set in the aforesaid west right- of-way line of Interstate Highway 45 marking an angle comer of the herein described tract, THENCE, North 32 °38'37' West, along said west nght -of -way line, a distance of 60 00 feet to the POINT OF BEGINNING and containing 9 4958 acres (413,637 square feet) of land This descnption is based on the plat of the ALTA/ACSM Land Title Survey prepared by Terra Surveying Company, Inc, dated October 11, 2007, TSC Project Number 2453 - 0703 -B04 080366000114 nA1.1A8 n399585 EXHIBIT "A" Page 4 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas EXHIBIT 4B" B Vc, 1 P vu Oct 41138 OR 862 341 EXHIBIT B LEGAL DESCRIPTION OF DEVELOPER TRACT The Developer Tract is comprised of two parcels of land, described as follows: Developer Parcel A. Outparcels A through F and Detention Pond 1: Being a tract or parcel containing 22 5314 acres (961,468 square feet) of land situated in the P Gray Survey, Abstract Number 24, Walker County, Texas, and being out of and a portion of the called 364 73 acre tract as described in the deed to John T Smither, at al, recorded in Volume 109, Page 470, of the Walker County Deed Records, said 22 5314 acre tract being more particularly described by metes and bounds as follows (all beanngs are based on the Texas State Plane Coordinate System, Central Zone, as represented by the City of Huntsville, Texas, Mapping Control Network) COMMENCING at a 518 -inch won rod found in the north right -of -way line of Smdher Road (width varies) marking the northwest comer of Parcel 32 as described in the deed recorded in Volume 402, Page 458, of the Walker County Deed Records, THENCE, North 03 °29'46" West, along the east line of the called 248 20 acre tract, as described in the deed recorded in Volume 90, Page 488, of the Walker County Deed Records, a distance of 1,885 47 feet to a 112 -inch iron rod found marking the southwest comer of the called 32 2328 acre tract as described in the deed recorded in Volume 456, Page 155, of the Walker County Deed Records, from which a 518 -inch iron rod found marking the northwest corner of said called 322328 acre tract bears North 03 °24'07' West, 787 72 feet, THENCE, North 86 °19'46" East, along the south line of said called 32 2328 acre tract, a distance of 2,00339 feet to a 518 -inch iron rod found in the west right -of -way line of Interstate Highway 45 (width vanes) as described in the deeds recorded in Volume 155, Page 422, and Volume 155, Page 427, of the Walker County Deed Records, marking the southeast corner said called 32 2328 acre tract, THENCE, South 32 °38'37" East, along said west nght- of-way line a distance of 980 95 feet to a 518 -mch iron rod with plastic rap stamped "TERRA SURVEYING" set marking the north comer and POINT OF BEGINNING of the herein described tract, THENCE, continuing along said west right- of-way line the following four (4) courses and distances South 32 °36'37" East, a distance of 360 84 feet to a 518 -mch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract. common with an angle comer of said west right - of -way line, South 28 "19'37" East, a distance of 752 14 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the southeast M" DALLAS M599511 5 EXHIBIT "A" Page 5 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas B Vn1 Pis ti UOO4158 OR 862 342 corner of the herein described tract common with an angle corner of said west nght -of -way line, from which a found concrete monument bears North 57 "23' East, 3 30 feet, South 57 "2323" West, a distance of 385 59 feet, to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marlung an angle comer of the herein described tract common with an angle corner of said west right -of- way line, South 32 °36'37" East, a distance of 50 65 feet to a 5 /8 -mch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract common with the intersection of said west right-of- way line and the aforesaid north right-of-way line of Smither Road, THENCE, South 81 "28'46" West, along said north nghtof -way line, a distance of 390 45 feet to a 5/8 -inch iron rod found marking an angle corner of said north right -of -way line common vnth an angle corner of the herein described tract, THENCE, South 87 °37'44" West, continuing along -said north right -of -way line, a distance of 60127 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the southwest comer of the herein described tract, from which a 5/8 -inch iron rod found marking an angle corner of said north right-of-way line bears South 87 "3744" West, 544 29 feet, THENCE, crossing the aforesaid called 384 73 acre tract the following twelve (12) courses and distances North 32 "38'30" West, a distance of 211 80 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking a point on a curve to the night, Along said curve to the right having a central angle of 96 "12'52 ", an arc distance of 117 55 feet, a radius of 70 00 feet, and a chord which bears North 32 "36'30" West, 10422 feet to a 5/8 -mch iron rod wrth plastic cap stamped "TERRA SURVEYING" set marking the end of said curve, North 32 "38'30" West, a distance of 1492 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the west comer of the herein described tract. North 57 "23'23" East, a distance of 136 79 feet to a 5/8 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle comer of the herein described tract, North 32 °36'37" West, a distance of 792 feet to a 5/8 -inch iron rod with plastic cap stamped TERRA SURVEYING" set marking an angle comer of M366000124 onu.ns 2259953 s EXHIBIT "A" Page 6 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas ak Vu Ps 'J0004158 OR 362 343 the herein described tract, North 57 023'23' East, a distance of 29513 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract. North 32 °36'37" West, a distance of 33 50 feet to a 516 -inch iron rod with plastic rap stamped 'TERRA SURVEYING" set marking an angle corner of the herein described tract, North 57 °23'23" East, a distance of 116 10 feet to a 516 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract. North 32 "3637" West, a distance of 31 50 feet to a 518 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle comer of the herein described tract, North 57°23'23" East, a distance of 415 13 febt to a 518 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking the east corner of the herein described tract, North 32 °36'37" West, a distance of 295 50 feet to a 5/8 -inch Iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, North 57 °2323" East, a distance of 364 50 feet to the POINT OF BEGINNING and containing 22 5314 acres (981,468 square feet) of land This description is based on the plat of the ALTAIACSM Land Tide Survey prepared by Terra Surveying Company, Inc, dated February 28, 2008, and last revised April 23, 2008, TSC Project Number 2453 -0703 -X11 Developer Parcel B Outoarcets G through & Detention Pond x Detention Pond 3. Detention Pond 4 Detention Pond 5 and the Street Dedlcatfon Parcel: Being a tract or parcel containing 35 4691 acres (1,545,034 square feet) of land situated in the P. Gray Survey, Abstract Number 24, Walker County, Texas, and being out of and a portion of the called 38473 acre tract as described in the deed to John T Smrther, at al, recorded in Volume 109, Page 470, of the Walker County Deed Records, said 354691 acre tract being more particularly described by metes and bounds as follows (all bearings are based on the Texas State Plane Coordinate System, Central Zone, as represented by the City of Huntsville, Texas, Mapping Control Network) COMMENCING at a 518 -inch iron rod found in the north nght -of -way line of Smither Road (width varies) marling the northwest comer of Parcel 32 as described in the deed 080366 OOO i N DALLAS 2259458 5 EXHIBIT "A" Page 7 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas Bk Vol PS V I_ICIo 4158 Q 8621 34• recorded in Volume 402, Page 458, of the Walker County Deed Records THENCE, North 03 °29'46" West, along the east line of the called 248 20 acre tract, as described In the deed recorded in Volume 90, Page 488, of the Walker County Deed Records, a distance of 1,885 47 feet to a 1/2 -inch iron rod found marking the southwest corner of the called 32 2328 acre tract as described In the dead recorded in Volume 456, Page 155, of the Walker County Deed Records, common with the northwest corner of the herein described tract, from which a 5/8 -inch Iron rod found marking the northwest comer of said called 32 2328 acre tract bears North 03 °24'07" West, 787 72 feet, THENCE, North 86 °19'48" East, along the south line of said called 32 2328 acre tract, a distance of 898 88 feet to a 5/8 -inch iron rod with plastic rap stamped "TERRA SURVEYING" set marking the northwest comer and POINT OF BEGINNING of the herein described tract, THENCE, North 86 °19'46" East, continuing along said south line, a distance of 1,104 51 feet to a 518 -mch iron rod found in the west right -of -way line of Interstate Highway 45 (width vanes) as described In the deeds recorded in Volume 155, Page. 422, and Volume 155, Page 427, of the Walker County Deed Records, marking the southeast comer said called 32 2328 acre tract common with the northeast comer of the herein described tract, THENCE, South 32 °36'37" East, along said west right -of -way line, a distance of 920 95 feet to a 518-inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking the southeast corner of the herein described tract, THENCE, crossing the aforesaid called 38473 acre tract the following twenty (20) courses and distances South 57 °2323" West, a distance of 40848 feet to a 5/8 -mch Iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, South 32 °36'37" East, a distance of 30 00 feet to a 518 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle corner of the herein described tract, South 57 °2323 ". West, a distance of 177.01 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, North 32 °38'37" West, a distance of 128 50 feet to a 518 -inch iron rod with plastic cap stamped `TERRA SURVEYING" set marking an angle corner of the herein described tract, 0366000124 DALIAS 2259958 5 EXHIBIT "A" Page 8 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas BSc Vol PH 0"004158 OR 862 34° South 57 °23'23" West, a distance of 297 46 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, South 47 °1547" East, a distance of 6980 feet to a 5/8 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle corner of the herein described tract, South 32 °36'37" East, a distance of 47 31 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, South 57 °2323" West, a distance of 237 89 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, North 32 °36'37" West, a distance of 791 feet to a 5/8 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle comer of the herein described tract, South 57 °23'23" West, a distance of 214 45 feet to a 5/8 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking the west comer of the herein described tract, North 32 °36'30" West, a distance of 122 71 to a 5/8 -inch iron rod with plastic rap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, South 57 °23'23" West, a distance of 25 88 feet to a 5/8 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle comer of the herein described tract, North 32 °36'37" West, a distance of 97 24 feet to a 5/8 -inch iron rod with plastic cap stamped 'TERRA SURVEYING' set marking an angle corner of the herein described tract, North 50 °20'50" West, a distance of 204 50 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle corner of the herein described tract, North 63 °53'10" West, a distance of 7952 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, North 35 °34'09" West, a distance of 3869 feet to a 518 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking an angle comer of a8n3651pa124 MIlA3 2159958 5 EXHIBIT "A" Page 9 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas the herein described tract, Blc Vol Ps W00104188 OR 862 346 North 07 °21'27" West, a distance of 6556 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING' set marking an angle comer of the herein described tract, North 14 040'28" East, a distance of 299 10 feet to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking an angle comer of the herein described tract, North 32 °36'33" West, a distance of 255 77 feet to a 518 -inch iron rod with plastic cap stamped "TERRA SURVEYING' set marking an angle comer of the herein described tract, North 03 °40'07" West, a distance of 48514 feet to the POINT OF BEGINNING and containing 354691 acres (1,545,034 square feet) of land This description is based on the plat of the Land Title Survey prepared by Terra Surveying Company, Inc, dated February 28, 2008, and last revised April 23, 2008, TSC Project Number 2453 - 0703 -X11 O&O)""134 DALLAS MWS& 5 EXHIBIT "A" Page 10 of 14 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas EXHIBIT "F" PROPERTY OWNERS AGREEMENT EXHIBIT "F" Bk V o 1 Ps 00004463 OR 864 86 METES AND BOUNDS 0118" PROPOSED RAVENWOOD VILLAGE DRIVE 0 9013 ACRES (39,261 SQUARE FEET) P GRAY SURVEY, ABSTRACT NUMBER 24 WALKER COUNTY. TEXAS Being a tract or parcel containing 0.9013 acres (39,261 square feet) of land situated in the P Gray Survey, Abstract Number 24, Walker County, Texas, and being out of and a portion of the called 322328 acre tract as described In the dead to MNC Realty, LP, recorded in Volume 456, Page 155, of the Walker County Dead Records, said 0 9013 acre tract being more particularly described by metes and bounds as follows (all bearings shown hereon are referenced to the City of Huntsville, Texas, Mapping Control Network, and based on the position of control point number 6314 (N= 10,256,332 07 feet, E= 3,794,381 32 feet) and control point number 6299 (N= 10,253,535 52 feet, E= 3,796,181 12 feet) Coordinates and distances stated herein are surface and may be converted to grid by multiplying by a combined scale factor of 0 99988)• COMMENCING at a 5/8 -inch iron rod found (N= 10,253,499.49 feet, E= 3,792,996 97 feel) in the north right. of-way line of Souther Road (width vanes) marking the northwest comer of Parcel 32 as described in the deed recorded in Volume 402, Page 458, of the Walker County Deed Records, THENCE, North 03 °40'14" West, along the east line of the called 248 20 acre tract as described in the deed recorded in Volume 90, Page 488, of the Walker County Deed Records, a distance of 1,885.47 feet to a 1/2- inch eon rod found marking the southwest comer of the aforesaid called 32.2328 acre trod from which a 5f8 -inch iron rod found marking the northwest corner of said called 32 2328 acre tract bears North 03.24'071 West, 787 72 feet, THENCE, North 86 °19'46" East, along the south line of said called 32 2328 acre tract, a distance of 898 88 feet to a 5/8-inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking the southwest comer and POINT OF BEGINNING of the herein described tract, THENCE, North 03 "40'07" West, along the proposed west right-of-way line of Ravemwood Village Drive (proposed 70 feet wide) a distance of 35 00 feet to a 518 -inch iron rod with plastic cap stamped 'TERRA SURVEYING" set marking the northwest caner of the herein described tract; THENCE, North 86 "1945" East, crossing the aforesaid called 32 2328 acre tract along the proposed north right-of-way line of said Ravenwood Village Drive, a distance of 984 44 feet to a 5184nch iron rod with plastic cap stamped "TERRA SURVEYING' set marling the Point of Curvature of a curve to the left, THENCE, continuing across said called 32 2328 acre tract along said proposed north right -of -way line and sand curve to the left having a central angle of 28 °56.23", an arc distance of 75 78 feet, a radius of 150 00 feet, and a chord which bears North 71 °51'34" East, 7496 feel to a 5/8 -inch iron rod with plastic cap stamped "TERRA SURVEYING" set marking the end of said curve, THENCE, North 57 °2323" East, continuing across said called 32 2328 acre tract along said proposed north rightof -way line, a distance of 1556 feet to a 5/8 -inch won rod with plastic cap stamped "TERRA SURVEYING" set in the west right-of-way line of Interstate Highway 45 (width vanes) as described in the deeds recorded in Volume 155, Page 422, and Volume 165, Page 427, of the Walker County Dead Records marking the northeast comer of the herein disscnbed tract, from which a 5/8 -inch im rod found marking the northeast comet of said called 32 2328 acre tract bears North 32 "36'37" West, 829 77 feet, Exhib't "F' EXHIBIT "A" Page 11 of 14 Page 1 of 2 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas METES AND BOUNDS DESCRIPTION 0 9013 ACRES PAGE 2 OF 2 THENCE, South 32 °36'37' East, along said west nght -of -way line, a distance of 70 00 feet to a 518 -mrh iron rod found marking the southeast comer of said called 32 2328 acre tract common xnth the southeast comer of the herein described tract, THENCE. South 86 °19'46° West, along the aforesaid south line of the called 32 2328 acre tract, a distance of 1,104.51 feet to the POINT OF BEGINNING and containing 0.9013 acres (39,261 square feet) of land This description is based on the plat of the Land Title Survey prepared by Terra Surveying Company, Inc., last revised March 13, 2006, TSC Project Number 2453 -0703 -X07 Compiled by Mark J Pinano, RPLS Terra Surveying Company, Inc MB09013RW OODVLGDR.doc Fzhbo "F" EXHIBIT "A" Page 12 of 14 B Vol Pea 00004463 OR 864 87 Page 2 of2 Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas N co M 10 co O t9 d d O 4 e 0 EXHIBIT "E" EXHIBIT "A" Page 13 of 14 a x ll r- S J B A 7 J a Tax Increment Reinvestment Zone Number One Revised November 2008 City of Huntsville Walker County, Texas N O. M M Pi CO 0 0 Y 0 0 Y 0 0 0 oL EXHIBIT "X" 00002373 BI< OR Vol 852 P9 495 x; t. X co w 1 Signed Leonard E. Woods Reg. Prof. Land Surveyor No.2524 Y: SURVEYORSTROJECTSICOH041PS1TIRZ1ITIRZ _l_REVISEDInsclocx EXHIBIT "A" Page 14 of 14