2024-14-Resolution-Chpt 380 Agreement with Sanger Crossing Ltd-09/30/2024
CITY OF SANGER,TEXAS
RESOLUTION NO 2024-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER,TEXAS,
APPROVING THE TERMS AND CONDITIONS PURSUANT TO SECTION 380 001 OF
THE TEXAS LOCAL GOVERNMENT CODE AND AUTHORIZING AS PART OF THE
PROGRAM THIS CHAPTER 380 DEVELOPMENT AGREEMENT FOR SANGER
COMMERCIAL DEVELOPMENT AND IMPACT FEE CREDIT PROGRAM,BY AND
BETWEEN THE CITY OF SANGER,TEXAS (THE “CITY”),AND SANGER
CROSSING ,LTD ,A TEXAS CORPORATION TO PROMOTE ECONOMIC
DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN
THE CITY ,ESTABLISHING PERFORMANCE REQUIREMENTS,AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID AGREEMENT ON
BEHALF OF THE CITY,AND PROVIDING AN EFFECTIVE DATE
WHEREAS,the City of Sanger is a home rule city actmg under its charter adopted by the
electorate pursuant to Article XI,Section 5 of the State of Texas Constitution and Chapter 9 of the
Local Government Code,and
WHEREAS,Chapter 380 of the Texas Local Government Code authorizes municipalities
to establish and provide for the establishment and administration of programs that promotes
economic development and stimulate business and commercial activity in the City,and
WHEREAS,Chapter 380 of the Texas Local Government Code authorizes municipalities
to enter into a Impact Fee Credit Program,and
WHEREAS,the City Council of the City on March 21,2022 passed Resolution 2022-02
establishing the City’s Incentives Policy (Policy),and
WHEREAS,the City desires to attract high-quality long-term investment and the creation
of new jobs and to stimulate busmess and commercial activity m the City,and
WHEREAS,the City recogmzes the importance of retaining existing businesses,attracting
new businesses,and providing for the redevelopment of sub-standard properties,and
WHEREAS,the City desires to protect and enhance the City’s fiscal ability to provide
high-quality municipal services for the residents and businesses m the City ,and
WHEREAS,Grantee has identified and committed to the performance requirements
identified m the Agreement,and
WHEREAS,the City has concluded and hereby finds that the Chapter 380 and the
Development Agreement for Sanger Commercial Development (Agreement)attached hereto as
Exhibit A,promotes economic development m the City and,as such,meets the requisites under
Resolution —Chapt 380,Dev Agreement -Impact Fees -Sanger Crossmg,LTD
Page 1 of 3
Chapter 380 of the Texas Local Government Code and the Policy,and further finds it is in the best
interest of the City;and
WHEREAS,the City Council of the City of Sanger,Texas,finds and determines that the
expenditure as specified in the Chapter 380 and the Development Agreement for Sanger
Commercial Development,attached hereto as Exhibit A,will promote new or expanded business
development,and otherwise meets the definition of “project ,”as that term is defined by Sections
501.103 and 505.158 of the Texas Local Government Code.
NOW THEREFORE ,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANGER ,TEXAS:
SECTION 1.The facts and recitals set forth in the preamble of this resolution are hereby
found to be true and correct .
SECTION 2.That the City Council of Sanger,Texas hereby approves the Chapter 380
and Economic Development Performance Agreement,attached hereto as Exhibit A,pursuant to
Chapter 380 of the Texas Local Government Code,and pursuant to the City ’s Economic
Development Policy,with Grantee.
SECTION 3 .The Council hereby authorizes the City Manager to execute the
Agreement on behalf of the City of Sanger,Texas.
SECTION 4.That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED THIS THE 30TH DAY OF SEPTEMBER 2024.
APPROVED:
ATTEST:Thomas E.Muir,Mayor
APPROVED TO FORM :
Kelly Edwards,City Secretary'S'
C*A -••.<<"/C'ATV k^\•**\•':o:
/iy/y
Hugh Coleiftan,City AttorneyL
X
/VEXVV"
/1 1 1 1 1 1
\////
Resolution -Chapt.380.Dev .Agreement -Impact Fees -Sanger Crossing,LTD.
Page 2 of 3
Exhibit A
Chapter 380 and Development Agreement
Resolution -Chapt 380,Dev Agreement -Impact Fees -Sanger Crossing,LTD
Page 3 of 3
DEVELOPMENT AGREEMENT FOR SANGER COMMERCIAL DEVELOPMENT
THIS DEVELOPMENT AGREEMENT FOR SANGER COMMERCIAL
day of
,2024 ,by and between the City of Sanger,Texas (the “City”),and
Sanger Crossing,Ltd.,a Texas Domestic Limited Partnership (“Developer”).The City and
Developer are each referred to herein as a “party"and collectively as the “parties.”
\DEVELOPMENT (“Agreement”)is made and entered into this
W I T N E S S E T H:
WHEREAS ,Developer proposes to develop roughly six -hundred and ten (610)
multifamily dwelling units,approximately 75,599 square feet of retail and related
infrastructure improvements,and additional pad sites (the “Project”)on property
encompassing approximately 135 acres in Sanger,Texas,generally located at the
northwest intersection of Chapman Road (Farm to Market No .455)and Interstate
Highway 35 ,as more particularly described in Exhibit A attached hereto and incorporated
herein by reference (the “Property'’):and
WHEREAS ,the City Council approved a planned development zoning for the
Project by Ordinance No.12-32-22 on December 19,2022;and
WHEREAS ,Developer has agreed to coordinate with the City on the construction
of Improvements (defined herein)as generally detailed on Exhibit B attached hereto and
incorporated herein;and
WHEREAS ,the City and Developer wish to address various development issues
related to the Project,including without limitation,Developer’s completion of and/or
funding of certain capital and utility improvements described herein and/or impact fee
credits and cost reimbursements related thereto,all as more specifically described herein;
and
WHEREAS ,this Agreement constitutes a program pursuant to Chapter 380 of the
Texas Local Government Code (“Chapter 380’’);and
WHEREAS ,the estimated total valuation of this Project excluding the pad sites will
be approximately $170 million upon stabilization ;and
WHEREAS ,the City and Developer acknowledge that the foregoing issues should
be addressed through this Agreement .
NOW ,THEREFORE,in consideration of the foregoing and for other good and
valuable consideration ,the receipt and adequacy of which are hereby acknowledged ,the
City and Developer covenant and agree as follows :
Project Subject to City Ordinances.The Project,or any portion thereof,
at all times shall be developed and constructed in accordance with all applicable City
ordinances related to the Project (subject to state law),and shall be subject to said
ordinances,as such now exist or may hereafter be amended and/or approved by the City.
1.
Development Agreement for Sanger -Page 1
Unless otherwise expressly stipulated in this Agreement,nothing herein shall relieve
Developer from its responsibilities for the construction of public improvements under
applicable development ordinances of the City
2 Public Improvements and Capital Improvements
The City of Sanger Ordinance §10 213 -Impact Fee Credit along with all
other applicable City ordinances shall be applicable to the Project and the Property In
consideration for the Impact Fee Credits as defined and provided for herein,Developer
agrees to construct or cause the construction of certain improvements for and along
portions of West Chapman Road and I-35 Frontage Road in the general locations shown
on Exhibit B,attached hereto and incorporated herein for all purposes,which
improvements consist of (i)those thoroughfare improvements (the “Road
Improvements”),(n)the storm drain improvements (the “Drainage Improvements”),(m)
the installation of water lines (the “Water Improvements”),and (iv)storm and sanitary
sewer installations,adjustments or relocations (the “Wastewater Improvements”)as
further detailed on Exhibit B (collectively with the Road Improvements,Drainage
Improvements,Water Improvements,and Wastewater Improvements ,the “Public
Improvements”)
In consideration for the Utility Improvements Reimbursement Payment as defined
and provided for herein,Developer agrees to construct or cause the construction of
certain electrical improvements for and along portions of West Chapman Road and the I-
35 Frontage Road in the general locations shown on Exhibit B,which improvements
consist of overhead relocations and retail installations as further detailed on Exhibit B
(the “Electrical Improvements”collectively with Electrical Improvements the “Utility
Improvements”)Other than the Public Improvements and the Utility Improvements
(collectively,the “Improvements”).Developer shall not be required to construct or fund
any off-site roadway ,water,wastewater,or drainage facilities or improvements for
development of the Property
Prior to commencing construction of the Improvements,Developer shall
submit construction plans for the Improvements to the City for review and approval Upon
approval of such plans,the City will issue Developer a notice to proceed Upon completion
of the Improvements,the City will accept the Improvements to be dedicated to the City
(which acceptance will not be unreasonably withheld,conditioned or delayed)and from
and after such acceptance,the City will own the Improvements and be responsible for all
maintenance and operation related thereto Developer shall cause its contractor to secure
a maintenance bond in a form acceptable to the City for a period of two (2)years from the
date of the City’s acceptance of the Public Improvements
Impact Fee Credit
A
B
3
The City hereby confirms that Developer is entitled to receive impact fee
credits for the cost of the Public Improvements,including construction costs (including but
not limited to all costs for labor,supplies and materials),costs for any easements,
inspection fees,maintenance bonds,material testing costs,staking costs,all General and
A
Development Agreement for Sanger -Page 2
Administrative costs,including but not limited to all engineering and design costs,and all
other costs as shown on Exhibit C (the “Public Improvement Costs”)Developer shall be
entitled to and will receive roadway impact fee credits for the Road Improvements in the
amount of $710,000,water impact fee credits for the Water Improvements in the amount
of $210,000,and wastewater impact fee credits for the Wastewater Improvements in the
amount of $550,000 for a total of $1,470,000 pursuant to Chapter 10 Article 213 of the
City of Sanger Code of Ordinances (“Impact Fee Credits”)as shown on Exhibit C
Developer shall receive Impact Fee Credits applicable to the total impact fees on the
approximately 75,599 square feet of retail and related infrastructure improvements and
further Impact Fee Credits from the impact fees paid in conjunction with development of
the remaining Property until Developer’s Public Improvement Costs are paid in full as
shown on Exhibit C
Utility Improvements Reimbursement In accordance with Chapter 380,
Developer shall be entitled to and will receive grant monies from any source lawfully
available to the City for the Electrical Improvements in the amount of $1,150,000 (as
detailed on Exhibit C)(the “Utility Improvements Reimbursement Payment”)The City
shall provide 50%of the Utility Improvements Reimbursement Payment to Developer
upon completion of and issuance of Certificates of Occupancy for the initial approximately
75,599 square feet of retail in the Project The City shall provide an additional 25%of the
Utility Improvements Reimbursement Payment to Developer upon completion of and
issuance of Certificates of Occupancy for the initial approximately 300 multifamily dwelling
units in the Project The City shall provide the remaining 25%of the Utility Improvements
Reimbursement Payment to Developer upon completion of and issuance of Certificates
of Occupancy on at least four of the pad sites 1 -7 displayed on the Sanger Retail Concept
Plan as shown on Exhibit D Developer shall submit a request for reimbursement packet
which shall include all final contractor pay applications and affidavit of bills paid The
amount of the Utility Improvements Reimbursement Payment may not exceed the amount
substantiated by all final contractor pay applications and affidavit of bills paid
Indemnity Developer agrees to indemnify,hold harmless,and defend the
City and its officers,agents,and employees from any and all third party claims,including ,
but not limited to,third party claims for damages,attorney’s fees,court costs,third party
judgments,real and personal property damage,personal injury,and death,arising out of
Developer’s performance of this Agreement,provided that the foregoing shall not apply
to any liability resulting from the gross negligence or willful misconduct of the City,its
officers,agents ,or employees ,and in the event of any such gross negligence or willful
misconduct of the City,its officers,agents ,or employees,responsibility and indemnity,if
any,shall be apportioned comparatively in accordance with the laws of the State of Texas
This indemnity provision shall survive the termination of this Agreement
Captions and Headings The captions and headings of the sections of this
Agreement are for convenience and reference only and shall not affect,modify or amplify
the provisions of this Agreement,nor shall they be employed to interpret or aid in the
construction of this Agreement
4
5
6
Development Agreement for Sanger -Page 3
Applicable Laws and Venue This Agreement shall be governed by and
construed in accordance with the laws of the State of Texas,and all obligations of the
parties created hereunder are performable in Denton County,Texas Venue for any action
arising under this Agreement shall lie in Denton County,Texas
Notices Any notices required or permitted to be given hereunder shall be
given by certified or registered mail,return receipt requested,via hand-delivery service
that provides a return receipt showing the date of actual delivery of the same to the
addressee,or a courier service that provides a return receipt showing the date of actual
delivery of the same to the addressee Notice given in accordance herewith shall be
effective upon receipt at the address of the addressee set forth below or to such other
address as either party hereto shall notify the other
7
8
If to the City The City of Sanger,Texas
502 Elm Street
Sanger,Texas 76266
Attn City Manager's Office
The City of Sanger,Texas
502 Elm Street
Sanger,Texas 76266
Attn City Attorney's Office
with a copy to
If to Developer Sanger Crossing,Ltd
Old Parkland -Freedom Place
4143 Maple Ave,#325
Dallas,Texas,75219
Attn Steve Gregory
sg@maloufinterests com
with a copy to Winstead PC
500 Winstead Building
2728 N Harwood Street
Dallas,Texas 75201
Attn Tommy Mann
TMann@winstead com
Attorneys’Fees In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement,the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorneys’fees (including its reasonable costs and attorneys’fees on any
appeal)Nothing herein shall constitute a waiver of any claim or defense that could be
asserted in any litigation related to this Agreement and the parties agree that this
Agreement is not subject to Subchapter 1 of Chapter 271 of the Texas Local Government
Code
9
Development Agreement for Sanger -Page 4
10 Entire Agreement This Agreement contains the entire agreement
between the parties hereto and supersedes all prior agreements,oral or written,with
respect to the subject matter hereof The provisions of this Agreement shall be construed
as a whole and not strictly for or against any party
11 Severability In the event any provision of this Agreement shall be
determined by any court of competent jurisdiction to be invalid or unenforceable,the
Agreement shall,to the extent reasonably possible,remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof
12 Filing in Denton County Deed Records.Covenant Running with the
Land This Agreement or a memorandum thereof shall be filed in the deed records of
Denton County,Texas Upon any sale or other transfer of any ownership rights in the
Property,Developer shall notify the City in writing of such sale or transfer within thirty (30)
days of such sale or transfer,provided,however,no notice shall be required for the sale
of a lot for which a record plat has been approved and recorded in the deed records This
Agreement shall be deemed a covenant that runs with the land and is binding on all heirs,
successors,assigns,grantees,vendors,trustees,representatives of Developer and all
others holding any interest now or in the future
Binding Obligation,Assignment The Agreement shall become a binding
obligation on the signatories upon execution by all signatories hereto The City warrants
and represents that the individual executing this Agreement on behalf of the City has full
authority to execute this Agreement and bind the City to the same Developer warrants
and represents that the individual executing this Agreement on its behalf has full authority
to execute this Agreement and bind Developer to same Except as otherwise provided
herein,upon written notice to the City,Developer may assign this Agreement,in whole or
in part,and all or part of Developer’s right,title,and interest under this Agreement to any
person or entity that is or will become an owner of any portion of the Property (“Permitted
Assignee”)The City shall not be bound by any assignment of this Agreement unless and
until the City has received a fully signed copy of the assignment Any Permitted Assignee
in accordance with this Agreement and for which notice of assignment has been provided
in accordance herewith shall be considered a “party”for the purposes of this Agreement
The City shall not assign this Agreement Developer will file any such assignment in the
in the deed records of Denton County,Texas Notwithstanding the foregoing,Developer
may assign the Impact Fee Credits and the Utility Improvement Reimbursements (in
whole or in part)only to builders or purchasers of all or a portion of the Property Further,
this Agreement is and shall be binding upon Developer,its successors,heirs,assigns,
grantees,vendors,trustees,representatives,and all others holding any interest in the
Property now or in the future
Mutual Assistance The parties agree to take such actions,including the
execution and delivery of such documents,instruments,petitions and certifications
supplemental hereto,as may be necessary or appropriate to carry out the terms,
provisions and intent of this Agreement
13
14
Development Agreement for Sanger -Page 5
Mediation In the event of any disagreement or conflict concerning the
interpretation of this Agreement,and such disagreement cannot be resolved by the
signatories hereto,the signatories agree to submit such disagreement to non-binding
mediation
15
Default No party shall be in default of provisions under this Agreement
until notice of the alleged failure of such party to perform has been given as provided
herein (which notice shall set forth in reasonable detail the nature of the alleged failure)
and until such party has been given ten (10)days after the written notice in the case of
the default of a payment obligation,and in all other cases a reasonable time ,to cure the
alleged failure (such reasonable time determined based upon the nature of the alleged
failure ,but in no event less than thirty (30)calendar days after written notice of the alleged
failure has been given)
16
17 Roughly Proportionate Determination under Texas Law and Federal
Developer has been represented by legal counsel in the negotiation of thisLaw
Agreement and has been advised regarding Developer's rights under Texas and federal
law Developer has carefully reviewed the development exactions mandated by the City
pursuant to this Agreement and has been afforded the opportunity to consult with the City
and Developer’s own professional consultants in order ascertain whether Developer
objects to same In executing this Agreement,Developer hereby and in good faith agrees
that the development exactions under this Agreement ,subject to the City fulfilling its
commitments under this Agreement,are roughly proportionate to the impact of the
Project In addition,Developer knows of no development exaction associated with the
obligations under this Agreement that would give rise to a claim relating to rough
proportionality (procedural or substantive)arising out of 1)the Texas Constitution,
§212 904 and Chapter 395 of the Texas Local Government Code and/or 2)the federal
constitution,as mandated by the United States Supreme Court in Dolan v City of Tigard,
512 U S 374 (1994),and its progeny,and Developer further agrees that there exists an
essential nexus between said development exactions and the Project
Reservation of Rights Except for the matters expressly agreed to by the
parties in this Agreement,Developer does not waive any of Developer’s rights under the
City’s Code of Ordinances or any state or federal law,including,but not limited to a waiver
of any claim of a regulatory taking or illegal exaction or a waiver of any vested rights for
the Project or any portion thereof that have already accrued or may accrue in the future
under Chapter 245 of the Texas Local Government Code or any other state law
Force Maieure It is expressly understood and agreed by the parties to this
Agreement that if the performance of any obligations hereunder is delayed by reason of
war,civil commotion,acts of God,strike,inclement weather,shortages or unavailability
of labor,supplies or materials,incidence of disease or other illness that reaches outbreak,
epidemic,or pandemic proportions or other causes affecting the area in which the
Property is located,or other circumstances which are reasonably beyond the control of
the party obligated or permitted under the terms of this Agreement to do or perform the
same,regardless of whether any such circumstance is similar to any of those enumerated
or not,the party so obligated or permitted shall be excused from doing or performing the
18
19
Development Agreement for Sanger -Page 6
same during such period of delay ,so that the time period applicable ^such design or
construction requirement and any applicable completion deadline shall be extended for a
period of time equal to the period such party was delayed
Estoppel Either party shall,at any time upon reasonable request by the
other party,provide an estoppel certificate or similar document evidencing that this
Agreement is in full force and effect,that no event of default exists hereunder (or,if
appropriate,specifying the nature and duration of any existing event of default and the
steps required to cure the same),the status of completion of any improvements,the
amount of available impact fee credits or reimbursement due and/or any other obligations
set forth in this Agreement
20
21 No Third Party Beneficiaries Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement,and the
parties do not intend to create any third-party beneficiaries by entering into this
Agreement
22 Multiple Counterparts This Agreement may be executed in a number of
identical counterparts,each of which shall be deemed an original for all purposes An
electronic mail or facsimile signature will also be deemed to constitute an original if
properly executed and delivered to the other party
23 Exhibits The following exhibits are attached hereto and incorporated into
this Agreement for all purposes
Exhibit A Legal description of the planned development area including
Property
Map depicting approximate location of the Improvements
Public Improvement Costs and Impact Fee Credits and
Utility Improvements Costs and Reimbursements
Exhibit B
Exhibit C
Exhibit D Map depicting Pad Sites
[Signatures appear on the following pages ]
Development Agreement for Sanger -Page 7
IN WITNESS WHEREOF,the parties hereto have caused this document to be
executed as of the date first above written.
THE CITY OF SANGER ,TEXAS
By :
NamerJohn Noblitt
Title:City Manager,City of Sanger
STATE OF TEXAS §
§
COUNTY OF DENTON §
This instrument was acknowledged before me on this the J day of
.,2024 by John Noblitt ,City Manager of the City of Sanger,COAoW.
Texas ,onbehalf of the City of Sanger ,Texas.
vVXUtl /,.KELLY EDWARDSli^pN0,8rY PUb'iC'S,atS °f TexasComm-Expires 02-03-2026NotaryID124082688
State of TexasNotar
Development Agreement for Sanger -Page 8
DEVELOPER :
Sanger Crossing,Ltd.,
a Texas Domestic Limited Partnership
Malouf Interests,Inc.,a Texas corporation
its Ge
By:
By:
Name:-Title:iv.*-
§STATE OF TEXAS
§
COUNTY OF Ps »l *>§
This instrument was acknowledged before me on this the \day of
,of Malouf Interests,Inc.,a Texas corporation ,General
Partner of Sanger Crossing ,Ltd.,a Texas Domestic Limited Partnership,on behalf of said
corporation as General Partner of said limited partnership.
OcAo\?clS'2024 by
IA L 4.
/1
JOSEPH ASKEW
My Notary ID #130226940
Expires June 19,2027
Notary Public,State of Texas/is
Development Agreement for Sanger -Page 9
EXHIBIT A
LEGAL DESCRIPTION OF PLANED DEVELOPMENT AREA INCLUDING
PROPERTY
[Please See Attached ]
Exhibit A -Legal Description
EXHIBIT A
METES &BOUNDS
Being a 131 82 acre tract or parcel of land situated in the Henry Tierwester Survey,Abstract Number
1214 in the City of Sanger,Denton County,Texas and being all of a called 50 acre tract of land described
in the deed to PAC Group LTD recorded in Volume 4880 Page 2632 of the Real Property Records of
Denton County Texas and being a portion of a called 61 598 acre tract of land described in the deed to
PAC Group,LTD ,recorded in Volume 4759,Page 632 of the Real Property Records of Denton County,
Texas and being a portion of a called 26 385 acre tract of land described in the deed to John Porter Auto
Sales,Inc recorded in Volume 1330,Page 277 of the Real Property records of Denton County,Texas
and being more particularly described by metes and bounds as follows
BEGINNING at a mag nail found at the Northeast corner of said 50 acre tract and the common
Northwest corner of a called 2 501 acre tract of land described in the deed to Daniel Raymond Wolfe
and Brianna Lynn Wolfe recorded in Document Number 2021-21494 of the Official Records of Denton
County Texas and being in Belz Road,
THENCE South 01o 00'05"West,with the East line of said 50 acre tract and the common West line of said
2 501 acre tract,passing at a distance of 655 80 feet a 3/8"iron rod found at the Southwest corner of
said 2 501 acre tract and the common Northwest corner of a called 10 42 acre tract of land described in
the deed to M &G sanger Real Estate LLC recorded in Document Number 2019-27076 of the Official
Records of Denton County Texas continuing on said course and with the East line of said 50 acre tract
and the common West line of said 10 42 acre tract,passing at a distance of 1017 17 feet a 1/2"iron rod
found at the Southwest corner of said 10 42 acre tract and the common Northwest corner of a called
30 96 acre tract of land described in the deed to Holt Texas,LTD ,recorded in Document Number 2013-
71958 of the Official Records of Denton County Texas continuing on said course and with the East line
of said 50 acre tract and the common West line of said 30 96 acre tract a total distance of 1561 92 feet
to a capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Southeast corner of said 50 acre tract
and the common Northeast corner of said 61 598 acre tract,
THENCE South 00°48l 52"West,with the East line of said 61 598 acre tract and the common West line of
said 30 96 acre tract a distance of 563 24 feet to a 1/2"iron rod found at the Southwest corner of said
30 96 acre tract and the common Northwest corner of said 26 385 acre tract,
THENCE South 88°37'28"East,with the North line of said 26 385 acre tract and the common South line
of said 61 598 acre tract passing a capped 5/8"iron rod stamped "TXDOT ROW MON"found at a
distance of 1122 76 feet and continuing on said course a total distance of 1186 11 feet to a capped 1/2"
iron rod stamped "EAGLE SURVEYING"set at the Northeast corner of said 26 385 acre tract and the
common Southeast corner of said 61 598 acre tract and being in the West Right-of-Way line of
Interstate Highway 1-35/U S Highway 77/North Stemmons Street (a variable width right-of-way)
THENCE South 08°17'12"West,with the East line of said John Porter Auto Sales tract and the common
West right-of-way line of said Interstate Highway 1-35 East a distance of 57 19 feet to a capped 1/2"iron
rod stamped "EAGLE SURVEYING"set at the Northeast corner of a called 0 3585 acre tract of land
described as parcel 145 in the deed to the State of Texas,recorded in Document Number 2020-172411
of the Official Records of Denton County Texas
4855 6474-1609v 1 63256 5 9/26/2024
THENCE North 89°38,41"West with the North line of said parcel 145 passing a capped 5/8"iron rod
stamped "TXDOT ROW MON"found at the Northwest comer of said parcel 145 at a distance of 63 47
feet and continuing with the North line of the remainder of a tract of land described m the deed to
Stephen L Martin &Gary L Martin,recorded in Document Number 96-0044292 of the Official Records
of Denton County,Texas and continuing on said course a total distance of 87 41 feet to a 2"metal post
found at the Northwest corner of said Martin Tract,
THENCE South 08°57'38"West,with the West line of said Martin tract a distance of 247 92 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Southwest corner of said Martin tract and
the common Northwest corner of the remainder of a tract of land described as "TRACT II"in the deed to
Hazel Martin,recorded in Volume 2163,Page 47 of the Official Records of Denton County,Texas,
THENCE South 18°48'25"West,with the West line of said "TRACT II",a distance of 198 82 feet to a 1/2"
iron rod found at the Southwest corner of said "TRACT II",
THENCE South 81°33'29"East,with the South line of said "TRACT II",passing a 5/8"iron rod with cap
stamped "TXDOT ROW MON"found at the Southwest corner of a called 0 0135 acre tract of land
described as parcel 144 in the deed to the State of Texas,recorded in Document Number 2020-74514 of
the Official Records of Denton County Texas at a distance of 41 31 feet and continuing on said course
and with the South line of said parcel 144 a total distance of 83 58 feet to a capped 1/2"iron rod
stamped "EAGLE SURVEYING"set at the Southeast comer of said parcel 144 and in the East line of said
26 385 acre tract and the common West right-of-way line of said Interstate Highway 1-35
THENCE with the East line of said 26 385 acre tract and the common West right-of-way line of said
Interstate Highway 1-35 the following courses and distances,
South 19°40'28"West,a distance of 47 78 feet to a capped 1/2"iron rod stamped "EAGLE
SURVEYING"set,
With a curve to the right having a radius of 5554 65 feet a delta angle of 05°36'59M,a chord
bearing of S 16°34'59"W,a chord length of 544 26 feet,and an arc length of 544 48 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Northeast corner of a called
0 1483 acre tract of land described as parcel 131 in the deed to the State of Texas recorded in
Document Number 2020-44894 of the Official Records of Denton County Texas
THENCE North 70°40'52"West,with the North line of said parcel 131 passing a capped 5/8"iron rod
stamped "TXDOT ROW MON"found at the Northwest corner of said parcel 131 at a distance of 36 78
feet and continuing on said course and with the North line of Lot 1,Block A of Foodmaker Addition an
addition to the City of Sanger,recorded in Cabinet P,Page 105 of the Plat Records of Denton County
Texas and the North line of an Access Driveway Utility &Signage Easement-Annex "4"recorded in
Document Number 98-R0061221 of the Official Records of Denton County,Texas a total distance of
233 60 feet to a called 1/2"iron rod stamped "EAGLE SURVEYING'set at the Northwest corner of said
Access Driveway,Utility &Signage Easement-Annex "4",
THENCE South 20°05'13"West,with the West line of said Access Driveway,Utility &Signage Easement-
Annex "4"a distance of 30 70 feet to a capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the
Northeast corner of Potter Addition an addition to the City of Sanger,recorded in Cabinet U,Page 76 of
the Plat Records of Denton County,Texas
4855-6474-1609v 163256 5 9/26/2024
THENCE North 69°54'47M West with the North line of said Potter Addition,a distance of 55 48 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set
THENCE North 88°3612911 West with the North line of said Potter Addition,passing a capped 1/2"iron
rod stamped "ISBEL ENGR"found at the Northwest corner of Potter Addition and the common
Northeast corner of Isbell Addition an addition to the City of Sanger recorded in Cabinet Y Page 669 of
the Plat Records of Denton County Texas at a distance of 194 58 feet and continuing on said course and
with the North line of said Isbell Addition a total distance of 419 32 feet to a capped 1/2"iron rod
stamped "EAGLE SURVEYING"set at the Northwest corner of said Isbell Addition and in the East line of
Sanger Exchange West-Section One an addition to the City of Sanger recorded in Cabinet E Page 280 of
the Plat Records of Denton County Texas
THENCE North 01°1315211 East,with the East line of said Sanger Exchange West-Section One,a distance
of 9 80 feet to a capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Northeast corner of said
Sanger Exchange West-Section One
THENCE North 88°21'1711 West with the North line of said Sanger Exchange West-Section One a
distance of 221 87 feet to a capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Northwest
corner of said Sanger Exchange West-Section One and being in the West line of said 26 385 acre tract
and in the common East line of said 61 598 acre tract
THENCE South 01°26'23"West with the East line of said 61 598 acre tract and the common West line of
said Sanger Exchange West Section One a distance of 180 60 feet to a capped 1/2"iron rod stamped
"EAGLE SURVEYING"set in the North line of O’Reilly Addition an addition to the City of Sanger recorded
in Document Number 2020-71 of the Plat records of Denton County Texas
THENCE North 88°48’4211 West with the North line of said O'Reilly Addition a distance of 77 60 feet to a
1/2"iron rod found at the Northwest corner of said O’Reilly Addition,
THENCE South 01°24’3711 West a distance of 178 63 feet to a capped 1/2"iron rod stamped "EAGLE
SURVEYING"set in the South line of said 61 598 acre tract and the common North line of Farm to
Market Road 455,
THENCE North 88°49’2511 West with the South line of said 61 598 acre tract and the common North line
of said Farm to Market Road 455,a distance of 1307 41 feet to a capped 1/2"iron rod stamped "EAGLE
SURVEYING"set at the Southwest corner of said 61 598 acre tract
THENCE North 00°58’47"East with the West line of said 61 598 acre tract and the common East line of
a called 95 acre tract of land described in the deed to Jackson Jay Marshall,recorded in Document
Number 2013-133569 of the Official Records of Denton County Texas,a distance of 724 59 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Southwest corner of a called 1 86 acre
tract of land described in the deed to John W Porter recorded in Document number 96-R0026290 of
the Real Property Records of Denton County Texas
THENCE South 89°0 T13"East,with the South line of said 1 86 acre tract,a distance of 270 00 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Southeast corner of said 1 86 acre tract
THENCE North 00°58’4711 East with the East line of said 1 86 acre tract,a distance of 300 00 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Northeast corner of said 1 86 acre tract
4855 6474-1609v 1 63256 5 9/26/2024
THENCE North 89°01,13 "West with the North line of said 1 86 acre tract,a distance of 270 00 feet to a
100-D nail found at the Northwest corner of said 1 86 acre tract and being in the West line of said
61 598 acre tract and the common East line of said 95 acre tract
THENCE North 00°58'47"East,with the West line of said 61 598 acre tract a distance of 98 65 feet to a
capped 1/2"iron rod stamped "KAZ"found at the Southwest corner of a called 2 00 acre tract of land
described in the deed to the City of Sanger recorded in Document Number 2015-146437 of the Official
Records of Denton County,Texas,
THENCE South 88°56'57"East,with the South line of said 2 00 acre tract a distance of 269 84 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Southeast corner of said 2 00 acre tract
THENCE North 01°03'03"East,with the East line of said 2 00 acre tract,a distance of 322 56 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Northeast corner of said 2 00 acre tract
THENCE North 88°56'57"West with the North line of said 2 00 acre tract a distance of 270 24 feet to a
capped 1/2"iron rod stamped "EAGLE SURVEYING"set at the Northwest corner of said 2 00 acre tract
and being in the West line of said 61 598 acre tract,
THENCE North 00°58'47"East,with the West line of said 61 598 acre tract and the West line of said 50
acre tract and the common East line of Meadow Land Addition an addition to the City of Sanger
recorded in Cabinet F,Page 80 of the Plat Records of Denton County Texas,a distance of 2048 28 feet
to a Vi iron rod found at the Northwest corner of said 50 acre tract and being in Belz Road
THENCE South 88°32'48"East,with the North line of said 50 acre tract a distance of 1394 87 feet to the
POINT OF BEGINNING and containing 131 82 acres of land more or less
4855-6474-1609v 1 63256 5 9/26/2024
EXHIBIT B
IMPROVEMENTS
[.Please See Attached]
Exhibit B -Improvements
Infrastructure Exhibit
EXHIBIT C
PUBLIC IMPROVEMENT COSTS AND IMPACT FEE CREDITS AND UTILITY
IMPROVEMENTS COSTS AND REIMBURSEMENTS
Scope of Work Cost
$510,000
$210,000
$450,000
$250,000
$900,000
$200,000
$100,000
West Access Road To Chapman
Water Line That Runs in the West Access Road To Chapman
Sanitary Sewer -Off Site Retail
Electrical -Overhead Relocation
Retail Electrical
Right of Way/Chapman
Storm Sewer Outfall From Detention To 1-35 Connection Point
Total Infrastructure Reimbursement $2,620,000
Exhibit C -Impact Fee Credits and Reimbursements
EXHIBIT D
PAD SITES
[Please See Attached]
Exhibit D -Pad Sites
I Denton County
Jul! Luke
County Clerk
*VG-342-2024-111423*
Instrument Number 111423
Real Property Recordings
MISCELLANEOUS
Recorded On October 15, 2024 11 41 AM Number of Pages 23
" Examined and Charged as Follows "
Total Recording $113 00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law
File Information Record and Return To
Document Number 111423 RAMIE HAMMONDS
Receipt Number 20241015000286
Recorded Date/Time October 15, 2024 11 41 AM
User Nolan A
Station Station 2
,. oUN�. STATE OF TEXAS
COUNTY OF DENTON
:0 I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
R G. pnnted hereon,and was duly RECORDED in the Official Records of Denton County,Texas
G
Juli Luke
sN tiNg46 ..''a County Clerk
Denton County, TX