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NO.

219- 01855- 2015

Consolidated with Cause No. 199- 02143- 215, Arch Resorts, LLC v. The City ofMcKinney,
Texas, by Order entered on July 15, 2015)

ARCH RESORTS, LLC, IN THE DISTRICT COURT

Plaintiff and Counter-Defendant, 7`` I e,


tE
D

THE CITY OF MCKINNEY, TEXAS


nri x ,

Defendant, Counter-Plaintiff,
and Third-Party Plaintiff,

and RICK HERZBERGER, CHIEF OF COLLIN COUNTY, TEXAS


BUILDING OFFICIAL OF THE CITY OF
MCKINNEY, TEXAS,

Defendant,

V.

COLLIN COUNTY, TEXAS,

Third-Party Defendant

219th JUDICIAL DISTRICT

SETTLEMENT AGREEMENT

This Settlement Agreement (" Agreement") is entered into among Arch Resorts, LLC
Arch"), and the City of McKinney,Texas (" City") ( both of which are parties in the above-
styled litigation), and NJV Investors, LLC (" NJV") ( which is not a party to the above- styled

litigation, but which is a business affiliate of Arch and a property owner impacted by the terms of
this Agreement).
Arch and the City are sometimes referred to collectively as the " Litigation
Parties." Arch, the City and NJV are sometimes referred to collectively as the " Settlement
Parties."
I.

RECITALS

1.
The Litigation Parties are currently involved in a dispute pending in the 219d'
District Court of Collin County, Texas, styled Arch Resorts, LLC v. The City of McKinney,

SETr1. EMENT AGREEMENT PAGE I oF' 21


Texas, and Rick Herzberger, Chief Building Oficial of the City of McKinney, Texas v. Collin
County, Texas, Cause No. 219- 01855- 2015 ( the " Litigation").

2. The Litigation involves, among other matters, the use and development of
approximately 44.415 acres located at 3163 FM 543, McKinney, Texas, that is owned by Arch
Arch Property"). The Arch Property consists of approximately 43. 416 acres acquired by Arch
on September 2, 2014, from Crumps Garden, Inc. (
being more particularly described in
ExhibitA attached hereto), and approximately . 999 acres acquired by Arch on September 2,

2014, from Thomas A. Crump( being more particularly described in Exhibit B attached hereto).

3. An additional approximately 2. 646 acres (" NJV Property"), acquired by NJV on


January 29, 2015, from the Estate of Thomas W. Crump, adjoins and abuts the Arch Property
and, while not part of the Litigation, is made a part of this Agreement. The NJV Property is more
particularly described in Exhibit C attached hereto.

4. The City imposes certain restrictions on the use and development of land within
its jurisdiction.

5. Arch intended to construct a recreational vehicle (" RV") resort project on the
Arch Property ( the " Project"), which it was entitled to do as the Arch Property was within the
extraterritorial jurisdiction (" ETJ")
of the City and unzoned, and received approvals for the
Project from Collin County( the " County").

6. Arch started development work for the Project on or about February 2015.

7. On May 5, 2015, the City annexed the Arch Property, and, on May 27, 2015, the
City issued a " stop work" order to Arch with respect to the development of the Project so that
Arch could not use the Arch Property for an RV resort project as intended.

8. Arch filed the Litigation to establish its rights to continue the development of the
Project and for damages for the taking of Arch' s property rights.

9. In settlement of the Litigation, Arch intends to convey certain covenants to the


City that restrict the use of the Arch Property( the " Covenants").

10. Although Arch will retain legal title to the Arch Property and will retain certain
rights and privileges, Arch, in entering into this Agreement and conveying the Covenants, will
surrender a portion of the beneficial use of the Arch Property and thus will have effectively
disposed of a substantial real property interest.

11. To avoid further costs and uncertainty of the Litigation, the Litigation Parties
desire to settle, fully and finally, all claims between them that were asserted, or could have been
asserted, in the Litigation, and the Settlement Parties desire to enter into the terms of this
Agreement to bring a mutually beneficial resolution to the development of the Arch Property and
the NJV Property.

SETTLEMENT AGREEMENT PAGE 2 of 21

r
12. In consideration of the mutual promises, releases, and covenants contained in this
Agreement, and other good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Litigation Parties, where applicable, and the Settlement Parties, where
applicable, agree as follows:
IY.

TERMS OF SETTLEMENT

A. Settlement Funds

The City shall pay to Arch a sum of One Million, Eight-Hundred and Fifty Thousand and
00/ 100 Dollars ($ 1,$ 50, 000: 00) ( the " Settlement Funds"). The Settlement Funds shall be paid
by wire transfer within 24 hours after the Declaration( described in Part II(B), below) is received
by the City, and the PD Zoning (" Zoning") ( described in Part II( C), below) is enacted by the
City of
McKinney City Council ( the " City Council"). The City shall have no obligation to pay
the Settlement Funds under this Agreement unless and until both events the receipt of the
Declaration and the enactment of the PD Zoning have occurred.

B. Declaration of Restrictions

Arch and NJV shall execute and deliver to the City for filing with the Collin County Land
Records ( the " Land Records") the Declaration of Restrictions ( the " Declaration") attached
hereto as Exhibit D. The City shall hold the executed Declaration in escrow and shall not file
the same in the Land Records unless and until the PD "Zoning is approved and made effective on
the Arch Property and NJV Property. Execution and delivery of the Declaration to the City in a
form suitable for filing in the Land Records shall be a condition to the City's obligation to pay
the Settlement Funds described in Part II( A), above.
The City agrees to reasonably assist Arch
and NJV in maximizing any lawful and applicable federal tax deductions, benefits, or

exemptions that may be achieved as a result of the conveyance of a partial interest in real
property. Arch and NJV understand and acknowledge, however, that the City cannot guarantee
that any such tax deductions, benefits, or exemptions shall be achieved through the City's
assistance; and Arch and NJV agree that the nonattainment of such desired tax deductions,
benefits, or exemptions shall not impact the validity of this Agreement and shall not serve as a
basis for either Arch or NJV to not fully and completely perform under all terms and conditions
of this Agreement.

C. PD Zoning

Arch and NJV agree and consent to the City's initiation of a rezoning case on the Arch
Property and the NJV Property from an Agricultural zoning classification to a Planned
Development zoning classification (" PD Zoning"), the substantive regulations of which are
attached hereto as Exhibit E. Arch and NJV understand and acknowledge that the City, through
this Agreement, is not contracting for the provision of the PD Zoning, but is agreeing to process
the zoning application for the PD Zoning. As of the date of this Agreement, any existing
Agricultural uses may continue; however, any change in use ( other than as related to the Existing
Building and Greenhouses, hereinafter defined) shall be in conformity to the PD Zoning, if
approved. The City Council retains the legislative discretion to approve, modify, amend, or deny
SETTLEMENT AGREEMENT PAGE 3 OF 21

4Yv_
the PD Zoning; however, the City, Arch and NJV shall not be obligated to perform under this
Agreement in the event the regulations as expressed in Exhibit E are not enacted. Moreover, in
the event that the PD Zoning is not approved and made effective by November 27, 2017, this
Agreement shall automatically terminate.

D. Sewer Easement Across Adjacent Property

The City agrees to obtain a sanitary sewer easement (" Sewer Easement"), at no cost to
Arch and NJV, across the adjacent property at the approximate location shown on Exhibit F
attached hereto. The Sewer Easement shall be of sufficient size, as determined by the City's
Engineering staff, to allow the future construction and placement of sanitary sewer facilities by
Arch, NJV, or others within the Sewer Easement to allow wastewater flows from the Arch
Property to the City' s existing trunk sewer line. The form of the Sewer Easement is attached
hereto as Exhibit G. The Sewer Easement shall be filed with the Collin County Land Records
within 24 hours after the Settlement Funds are paid to Arch.
If Arch extends sanitary sewer to
the Arch Property through the Sewer Easement at Arch's expense, subsequent downstream users
of the sewer line installed by Arch shall pay to Arch their pro rata share of Arch' s cost to install
the sewer line as such is calculated under City ordinances.

E. Existing Building

The existing building ( formerly Crump's Garden sales office and attached extension
structures) located at the entrance to the Arch Property from FM 543 (" Existing Building") may
be remodeled and renovated by Arch for any retail or commercial uses allowed by the PD
Zoning. The City agrees that the Existing Building may be remodeled and renovated, but not
expanded, under the building codes ( and permits) imposed for such activities by Collin County
and that the Existing Building remodeling and renovation shall not be subject to the City's
regulations regarding such activities and without need for City permits and/ or City inspections.
Any expansion of the Existing Building or new development on the Arch Property shall be in
accordance with the City's regulations regarding such activities, including but not limited to the
connection to the City' s sanitary sewer system. The City further agrees that all of the existing
greenhouses ( the " Greenhouses")
on the Arch Property may be remodeled and renovated, but
not expanded, under the building codes ( and permits) imposed for such activities by Collin
County and that the referenced remodeling and renovation of the Greenhouses shall not be
subject to the City's regulations regarding such activities. In addition, the use of the Greenhouses
shall be expressly limited to growing seedlings, plants ( plants include seedlings and trees) using
conventional methods as well as
any new methods such as hydroponics and aquaponics. Any
use of the two ( 2) existing septic systems shall be limited to serving the Existing Buildings, the
Greenhouses, including any remodeling and renovation thereof, existing single- family homes,
and up to three ( 3) RVs. Two ( 2) RVs shall be screened at all times from the public right-of-
way. Any use of the two ( 2) existing septic systems shall not exceed the existing, permitted i
capacity.

F. Removal of RV Pad Sites and Related Facilities

Except as otherwise permitted herein, Arch agrees to remove, at its cost, all RV Pad Sites
previously constructed, installed or placed on the Arch Property in anticipation of Arch' s use of
SEITLEMEN' r AGREEMENT PAGE 4 OF 21
the Arch Property for an RV Resort. The removal of such items shall occur and be completed
contemporaneously with, or before, the remodeling and renovation of the Existing Building ( as
described in Part II(E), above).

G. Additional Construction; New Construction; No Fee Waivers

With the exception of the remodeling and renovation of the Existing Building ( as

described in Part II( E), above), all other construction, whether vertical or horizontal, on the Arch
Property and the NJV Property shall fully comply with the City's codes, regulations and
ordinances including, but not limited to, the PD Zoning, the City's building codes, and the City's
subdivision ordinance. Arch and NJV acknowledge and agree that the Arch Property and the
NJV Property were validly annexed in 2015. No fee waivers are provided by this Agreement.

The two existing single family homes on the Arch Property may be served by the
currently installed aerobic septic systems or by a newly installed septic system using Collin
County permits, if the conventional septic systems ( that, the single- family homes are connected
to) fail in the future. The City expressly agrees not to require that these two single family homes
be on City sewer while under the existing single- family use. If the existing septic system of the
single-family home on the NJV Property fails in the future, a newly installed septic system may
be constructed for such single- family home instead of connecting with the City sewer. If carports
are desired for the two existing homes on the Arch Property, then the carports can be installed
without any City permits/ city inspections.

H. Subsurface Drainage Pipe

The City agrees to place and construct, at its cost, a subsurface drainage pipe in the final
location shown on the construction plans for Trinity Falls Parkway along the frontage of the
Arch Property and the NJV Property, with such construction to be completed within six ( 6)
months of the PD
Zoning being enacted. Except during construction of either ( i) the subsurface
drainage pipe, or( ii) Trinity Falls Parkway, the City shall use best efforts to avoid disturbance to
the existing driveway and concrete parking area adjacent to the Existing Buildings. If
concrete

any part of the existing concrete driveway or concrete parking area is impacted by the City' s
conduct, the City agrees to replace or repair the impacted area to its prior condition. The final

design of Trinity Falls Parkway is mutually agreed by the Litigation Parties.


I. Acquisition of Land Needed for Trinity Falls Parkway Project

1.The City agrees to purchase from Arch, and Arch agrees to convey to the City,
approximately 0. 367 acres for a permanent drainage easement, and approximately 0.635 acres
for a temporary construction easement ( not to exceed three ( 3) years) (" Arch Property
Interests"), as more
particularly described in the Drainage Easement ( with Three- Year
Temporary Construction Easement) attached hereto as Exhibit H. The Arch Property Interests
shall be conveyed for a total sum of Forty Thousand, Six Hundred Three and 00/ 100 Dollars
40, 603. 00), subject to and contingent upon good, marketable, indefeasible, and insurable title
to the Arch Property Interests being secured.

SETTLEMENT AGREEMENT PAGE 5 of 21

V
2. The City agrees to purchase from NJV, and NJV agrees to convey to the City,
approximately 0. 334 acres for a permanent drainage easement, and approximately 0. 530 acres
for a temporary construction easement ( not to exceed three ( 3) years) (" NJV Property
Interests"), as
particularly described in the Drainage Easement ( with Three- Year
more

Temporary Construction Easement) attached hereto as Exhibit 1. The NJV Property Interests
shall be conveyed for a total sum of Seventeen Thousand, Three Hundred Sixty-Three and
00/ 100 Dollars ($ 17, 363. 00) subject to and contingent upon good, marketable, indefeasible, and
insurable title to the NJV Property Interests being secured.

3. The funding/closing of the Arch Property Interests and the NJV Property Interests
shall occur simultaneously with the payment of the Settlement Funds ( as more particularly
described in Part II(A), above).

4. Driveways and parking spaces may serve the Existing Building, and may be
located over the drainage easements conveyed to the City in connection with the Arch Property
Interests and the NJV Property Interests. No part of the existing driveway and/ or parking spaces
of the Arch Property will be made unusable by these easements to be purchased by the City.

J. Dismissal of Litigation. Within two ( 2) business days after the payment of the
Settlement Funds ( as more particularly described in Part II(A), above), the Litigation Parties
agree to file the appropriate court filings to dismiss the Litigation between them, with prejudice,
to the refiling of same. Such dismissal shall include Rick Herzberger, Chief Building Official of
the City of McKinney, Texas, who has been sued by Arch in his official capacity only.

K. Covenant Not to Sue. In the event the Litigation is dismissed, the Settlement Parties
agree and covenant not to sue or prosecute the other parties to this Agreement on any claims or
for any damages arising out of or related to claims that were brought, or could have been
brought, in the Litigation except for any claims that arise out of the failure to perform the
obligations contained in this Agreement.

L. Expenses, Costs and Attorneys' Fees. The Litigation Parties agree that each shall
satisfy and/ or resolve all expenses, costs, and attorneys' fees incurred by that party arising out of
the Litigation; including attorneys' fees and court costs, and that no party shall be responsible for
any expenses, costs, or attorneys' fees incurred by another. In the event any party files suit or
complaint in order to enforce the terms of this Agreement, the prevailing party shall be entitled
to recover its reasonable attorneys' fees and costs incurred in connection with the enforcement
suit or complaint.

fill.

murtIAL RELEASE OF CLAIMS

Upon the dismissal with prejudice of the Litigation ( as described in Part II( L)) above,
each of the Settlement Parties, on behalf of themselves, their heirs, successors, assigns, insurers,
partners, officials, officers, agents, employees, and attorneys, hereby release, remise, acquit, and
forever discharge all other. Settlement Parties, the City Council members, affiliates, successors,
assigns, officials, officers, agents, employees, and attorneys, in each of their individual,

SETTLEMENT AGREEMENT PAGE 6 OF 21

nn
Y V
corporate and governmental capacities, from all claims, demands and causes of action and/ or
proposed claims, demands and causes of action which have been, or could have been alleged, in
regard to (i) the Litigation and( ii) the annexation of the Arch Property and NJV Property into the
City.

IV.

ADDITIONAL REPRESENTATIONS AND TERMS

A. Agreement Executory. The Settlement Parties understand and agree that this
Agreement shall be executory and conditioned upon the performance of the acts and obligations
setforth herein, unless otherwise agreed to in writing by the Settlement Parties. Should the PD
Zoning ( described in Part II( C), above) not be approved and made effective by November 27,
2017, such nonattainment shall render this Agreement null and void and without further action
by any Party.

B. Assignment. Neither this Agreement,


nor any of the attendant rights, duties, or
obligations may be assigned by any Party without the prior written consent of the other
Settlement Parties, which consent shall not unreasonably be withheld.

C. Sole Owner of Claims. The Litigation Parties state and warrant that they. are the sole
owners of any claims that have been asserted by them or may have been asserted by them and
that such claims have not been assigned, encumbered, transferred, pledged or otherwise in any
manner whatsoever sold or transferred, either by written instrument or otherwise, to any attorney,
agent or other person or entity.

D. Terms Contractual. It is expressly understood and agreed that the terms hereof are
contractual and not merely recitals, and that the agreements herein contained and the
consideration transferred are to compromise disputed claims, to avoid litigation and buy peace,
and that no payments made or releases or other consideration given shall be construed as an
admission of liability or wrongdoing and all such liability is expressly denied.

E. No Additional Consideration. The Settlement Parties acknowledge that no other


consideration has been or shall be furnished or paid in connection with this Agreement other than
as stated in this Agreement.

F. No Admission of Liability. By entering into this Agreement, the. Litigation Parties do


not admit any liability. In fact, the Litigation Parties explicitly and expressly deny any and all
liability whatsoever from any and all claims, demands, damages, actions, causes of action, or
suits of any kind or nature arising out of the Litigation.

G. Joint Preparation of Settlement Aereement. Prior to the execution of this Agreement,


the Settlement Parties have had an opportunity to consult with independent counsel of their
choice in negotiating this Agreement, and this Agreement is the result of negotiations between
the Settlement Parties. The Settlement Parties further acknowledge that all necessary signatories
to this Agreement have participated in the preparation of this Agreement and each of the
documents related to the settlement, and it is understood that no provision hereof or contained in

SETTLEMENT AGREEMENT PAGE 7 OF 21


said documents shall be construed against any of the Settlement Parties by virtue of the activities
of said Settlement Parties or by their attorneys in the preparation and execution thereof.

H. Consideration. This Agreement is executed by the Settlement Parties without coercion


or duress and for substantial consideration, the sufficiency of which is forever confessed.
I. Authority to Execute. The individuals executing this Agreement on behalf of the
respective Settlement Parties represent to each other and to others that: ( i) all appropriate and
necessary action has been taken to authorize the individual who is executing this Agreement to
do so for and on behalf of the party for which his or her signature appears; ( ii) there are no other
parties or entities required to execute this Agreement in order for the same to be an authorized
and binding agreement on the party for whom the individual is signing this Agreement; and
iii) each individual affixing his or her signature hereto is authorized to do so, and such
authorization is valid and effective on the date hereof.

I Applicable Law and Venue. The Parties agree that this Agreement shall be governed
by, interpreted, and constructed in accordance with the laws of the State of Texas. The
Settlement Parties further agree that a state district court in Collin County, Texas, shall be the
mandatory and exclusive venue for any dispute arising out of or related to this Agreement. By
execution hereof, the City waives immunity to both suit and liability for an action brought to
enforce this Agreement.

K. Entire Agreement. This Agreement sets forth the entire and sole agreement and
understanding between the Settlement Parties as to the subject matter hereof and merges and
supersedes all prior discussions, agreements, and understandings of any kind and nature between
them, none of which were relied on by the Settlement Parties in deciding to execute this
Agreement. Each party is relying on his, her, or its own judgment and each has been represented
by or had the opportunity to be represented by his, her, or its own legal counsel in this matter.
The Parties acknowledge that each understands each and every term in this Agreement as well as
the legal consequences of the Agreement.

L. Modification of Agreement.
It is expressly understood and agreed that this Agreement
may not be altered, amended, waived, modified, or otherwise changed in any respect or
particular whatsoever, except in writing, which must be signed by the Settlement Parties. The
Settlement Parties further acknowledge and agree they shall make no claims at any time or place
that this Agreement has been orally supplemented, modified, or altered in any respect
whatsoever.

M. Counterparts. This Agreement may be executed in any number of counterparts, all of


which, taken together, shall constitute one and the same instrument, and any of the Settlement
Parties may execute this Agreement by signing any such counterpart.

N. No Waiver. No waiver by the Settlement Parties of any default or breach of any term,
condition or covenant of this Agreement shall be deemed to be a waiver of any subsequent
default or breach of the same or any other term, condition, or covenant contained herein.

SETTLEMENT AGREEMENT PAGE S of 21

Y"
O. No Chapter 245 Permit. This Agreement shall not constitute a " permit" as defined in
Chapter 245, Texas LoeaI Government Code. THIS PARAGRAPH SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.

SETTLEMENT AGREEMENT PAGE 9 OF 21

Yv
IN WITNESS WHEREOF, the Settlement Parties have caused this Agreement to be executed
on the date appearing next to each Party's signature and this Agreement shall be effective on the
date the last signature has been signed upon this Agreement, subject to the terms and conditions
of this Agreement.

ARCH RESORT, LLC,


a Texas limited liability company

By:
Subb1arayan Venkatesan, Manager

Dater 5tA6e,

By:
Nandhini Venkatesan, anager

Date:.__._ 9 --f_" v2 01- 7

STATE OF TEXAS

COUNTY OF G '::'\k Y)

This instrument b G`
was acknowledged before
day of
me on this the

2017, by SUBBARA FAN VENKATESAN, Manager of ARCH RESORT, LLC, a Texas


limited liability company, on behalf of said limited liability company.
SEAL]
JAYSHREE S PATEL
Commission# 124703794

My Commission Expires 1 iotary Public, State of Texas


December 22, 2019

STATE OF

COUNTY OF

This instrument was acknowledged before


day of.me on this the

2017, by NANDHINI VENKATESAN, Manager of ARCH RESORT, LLC, a Texas


limited liability company, on behalf of said limited liability company.
SEAL] p-,_-

JAYSHR EE S PATEL 7S" g e


Commission # 124703794
My Commission Expires Notary Public, State of Texas
S14 E pc lE''> December 22, 2019

SETTLEMENT AGREEMENT PAGE 10 OF 21


NJV INVESTORS, LLC,
a Texas limited liability company

By:
Subbarayan Venkatesan, Manager

d(
Date: 2' I?

By:
andhini J. Venkatesan, Manager

Date:_ _, - a I)

STATE OF TEXAS

COUNTY OF G O\ Y

This instrument was acknowledged before me this the C


on
day of

2017, by SUBBARAYAN VENKATESAN, Manager of NJV INVESTORS, LLC, a


Texas limited liability company, on behalf of said limited liability company.
SEAL]

JAYSHREE S PAT'
124703794
Com
Commission Expires
My
22, 2019
Notary Public, State of Texas
December
h

STATE OF TEXAS

COUNTY OF G CA\:', N)

This instrument was acknowledged before this the v


me on
day of
2017, by NANDHINI VENKATESAN, Manager of NJV INVESTORS, LLC, a Texas
limited liability company, on behalf of said limited liability company.
SEAL]

p
JAYShHEE S PATEi
Commission # 124103794
Notary Public, State of Texas
My Commission Expires
December 22. 2019

SETTI. ESIENTAc REEWNT


PACE l d of 21
GIF NEY, TEXAS

aulG. Grimes

Date:

Title: City Manager

STATE OF TEXAS

COUNTY OF i

This instrument was acknowledged on day of


this the L'`, 2017,

by PAUL G. GRIMES, on behalf of CITY OF MCKINNEY, TEXAS.

SEAL]

Notary Public, tat of Texas

r..

AMY JETER
o
n=
Notary Public
STATE OF TEXAS
My comm. Exp. lune 13. 2018

SE'UFLEhtE N' r ACREEHENT PAGE 12 OF 21

Yv
Exhibit A

43. 416 Acres)

SETTLEMENT AGREEMENT PAGE 13 of 21


Exhibit B

999 Acres)

SETT' LEmENT AGREEMENT PAGE 14 OF 21

V
1 "
INAIRIL10 02: 31: 337 PPE D 1 115

Notice of Confidentiality rights: If you area Natural Person, you may remove or strike any
or an of the following information from any instrument that transfers an interest in real
property before it is flied for record in the Public Records: Your Social Security Number or
your Drivers' License Number."

WARRANTY DEED
WITH VENDOR' S LIEN

THE STATE OF TEXAS


KNOW ALL MF.N BY THESE PRESENTS:
COUNTY OF COLLIN

THAT THOMAS A. CRUMP. joined herein by his spouse, JULIE CRUMP( hereinafter

referred to as" Grantor"), for and in consideration of the sum of TEN AND NO/ 100 DOLLARS

10. 00) and other valuable consideration to the undersigned paid by the Grantee herein named, the

receipt ofwhich is hereby acknowledged, and the further consideration ofthe execution and delivery
to Texas Star Bank by Grantee of Grantee's promissory note of even date herewith in the principal
amount of ONE MILLION SEVEN HUNDRED SIXTY TWO THOUSAND FIVE HUNDRED

AND NO/ 100 DOLLARS($ 1, 762, 500.00) bearing interest astherein specified, payableas therein

specified, the payment of which note is secured by dw Vcodoes Lien herein retained, and is

additionally secured by a Deed of Trust of even date herewith to Deborah J. Connor, Trustee, has
GRANTED, SOLD AND CONVEYED, and by thesc prescats docs GRANT, SELL AND CONVEY

unto ARCH RESORTS, LLC, a Texas limited liability company, whose mailing address is P. O.
herein Grantee"), all of the following
Box 865151, Piano, Texas 750116- 51$ 1 ( to
referred as "

described real property in Collin County, Texas( hercinafter referred to as the" Property"), to- wit:

Being 0.999 acres of land in the Meredith Mae Survey, Abst. No. 971, Collin County,
Texas, TOGETHER with an eawment covering 0.320 act* of land as more fully
described in Exhibit" A" attached hereto and Incorporated herein by reference.

WARRANTY DESD WITH VENDOR' S LIEN Pege 1


653510- v1
a i- a e

fit, pu, fr uiGdh

EXHIBIT
This conveyance shall include all and singular the rights and appurtenances pertaining to

the Property; including all buildings, structures, fixtures, and improvements located thereon, and

any interest if any, of Grantor in and to any land lying in any street, road, accessway, or
easement, open or proposed, in front of,or adjoining, or within the Property,

This conveyance is expressly made subject to the following

1. Easement granted by Burley Crump to North Collin Water Supply Corporation


fled 4/ 8/ 1971, recorded in Volume 780, Page 555, Real Property Records, Collin
County, Texas.

TO HAVE AND TO HOLD the above described Property, together with all and singular

the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors

and assigns; and Grantor hereby bind themselves, their heirs and assigns, to WARRANT AND

FOREVER DEFEND all and singular the said Property unto the said Grantee, Grantee' s

successors and assigns, against every person whomsoever lawfully claiming ur to claun the same

or any part thereof, subject, however, to the aforesaid exceptions.


But it 1s expressly agreed that the VLNDOR'S LIEN, as well as the Superior Title in and

to the above described Property, is retained against the above described Property, premises and
improvements mrtil the above described note and all interest are fully paid according to the face,

tenor, effect, and reading thereof, when this Deed shall become absolute.

TEXAS STAR BANK, at the instance and request of the Grantee herein, having

advanced and paid in cash to the Grantor herein, that portion of the purchase price of the herein

described Property as is evidenced


by the hereinbefore described $ 1, 762. 500. 00 note, the

Vendor's Lien, together with the Superior Title to said Property is retained herein for the benefit

of the said Texas Star Etank and the same are hereby TRANSFF,RRE,D AND ASSIGNED to the

said Texas Star bank and Texas Star Bank, its successors or assigns, shall have the right to

WARRANTY DEED WITH VENDOR' S t.[ E: N- Page 2


653510- vi

hW
00

rrtsl, tfiff 4 Nj1


release said Vendor's Lien upon the payment of said note.

EXECUTED on the dates of the acknowledgments, but to be EFFECTIVE on the 2nd day

of September, 2014.

THOMAS A. CRUMP

J
11 lwi
CRUMP
1

STATE OF TEXAS

COUNTY OF COLLIN

This instrument was acknowledged before me on the _ day of September, 2014, by


THOMAS A. CRUMP AND WIFE,: ULIE CRUMP. j

DB A
vot-
Y PL B ST rOFTEXAS

Al-
1

ARCH RESORTS, LLC,


E=
Na607i W:

a Texas limited liability company


P. 0. flax 865 15t
Plano,' Texas 75086- 5151

ts} r rQr r,

WARRANTY DEED WITH YCNbDR: 91. iFN- Pege 3 J9=.'"^'

653510- v1
EXHIBIT " A"

TRACT 1:

BEING a tract of land situated In the Meredith Hart Survey, Abstract No, 371, Collin County, Texas, and being all
of a 1. 000 acre tract as Conveyer! to Thomas A. Gump and recorded in Volume 5138, Page 7371, Deed Records
of Collin County, Texas and being more particularly described by metes and bounds as follows:
COMMENCING at a capped 1y2" iron rod set for comer at the Southeast comer of said Tract 3, said Iron rod being
in the West right of way Ane of F. M, No. 543;
THENCE N 88 degrees 07 minutes 35 secorlds Vol a distance of 695.17' to a bolt found for comer, being the
POINT OF BEGINNING, said bolt being at the Southeast corner of a 1. 00 acre tract as conveyed to Thomas A.
Crump and recorded In Volume 5136, Wage 7371, R P.RX,C,'I.;
THENCE N 88 degrees 48 minutes 55 securxis W a distance of 208. 74' to a 5/ 8" Iron rod found for corner;
THENCE N 01 degree 40 minutes 56 seconds E a distance of 208. 68' to a 1/ 2" iron rod found for corner;
THENCE 5 68 degrees 48 minutes 40 seconds E a distance of 208.41' to a 1/ 2" Iron rod found for corner;
THENCE 5 01 degree 35 minutes 29 seconds W a distance of 208.67' to the POINT OF BEGINNING and 53,524
square feet, 0. 999 acres of land.
i

TRACT 2: Easement

BEING situated In Collin County, Texas, in the Me'e dltb Hart Survey, Abstract No. 371, being an easerrrent ever
aria across ttx 6.26 acres of Land aescribed in a Deed from Arice Crump and lames W. Crump to Crump's
Garden, Inr. dated 01/ 06/ 1966, recorded in Volume 666, page 927 and part of the tract of land which computes
to be 1. 0 acre, described in a Deed rrum Battey Crump A0 Brice Crump dated o5/ 3o/ 14s6, reaeorded in Volume
517, Page 65, both Deeds of the Collin Cotmty, Deed Records, being described by metes and bounds as follows;
corner of said 6. 26 acre tract ome
cRoadr of the
BEGINNING at a

Tom Wilson 16. 85


112
acre
iron pin set at thp.
ettract, Reference Volume 935, age 598 and In the West O. W. line of Farm No.

543;

THENCE with the South line of said 6. 26 acre tract, the South line of said Brice Crump tract, the North tine of said
16.86 ave tract and with a fence and tree line as follows;
North 88 degrees 36 udnutes 31 seconds West, 362. 7 hat;
North 89 degrees 40 minutes 02 seconds West, 333. 53 feet w d 1/ 2 Inch iron pin set in the South line of said 1. 0
acre tract;

THENCE North 00 degrees 02 minutes West, 20.0 feet to a point tar a corner;,
THENCE Easterly as follows;

South 89 degrees 40 minutes 02 seconds East, 333.84 feet;


South 88 degrees 36 minutes 31 seconds East, 362,39 feet to a point in the East line of said 6, 26 acre tract and
in said West R. O.W. line;

THENCE South 00 degrees 02 minutes East 20.01 feet with the East line of said 6. 26 acre tract and said West
R, O.W. Ilse to the PLACE OF BEGINNING and covering 0_370 acre of land.

lRif Yl f rAf
Ni2 uwif} r., f; ty, i , Z1, .
4r

1'ptii11C1 Vne 1a. f:J ilu x .. ,.

jfm..r., n,s+.+ 7+ 1^ 1R 16ACIa'


1ogt

l: Itl9'f Y1i, to:? ndu3:'

f 11111 ana Maeea d


tllol l iblle IMpo M
ilaosv Koo, C" Iv Clark
Collm CoWt1Y, TOM
0414018M 62 31 37
3ii.rQo. ormiR
7atNYoioalx a7aeta

eY

1
I
4f14ts1

p;
THE STATE OF TEXASTEXASi, Siad y . CJ fi, L. 4.. iNb4 r
COUNTY OF COLLIN
coup c('qjjn qty,Taxa
Do haratsy 080ItY that ttw OA,/
tompatng inatrurnpnl at
wrmng is
a full, lw anti coif"
the Inst u
nt as hied far
r& t sartl M c e rfs of CS
y
M l
wrtin su myna or lcl,
TTo ' tttla r,
da Q4

oiwnFGwft TONS
Exhibit C

2.646 Acres)

SErfLEMENT AGREEMENT Pnc; r: 15 or 21


i

INNINRL6
03: 1@: 2@ PM D1 13
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PU13WC RECORDS:
YOUR SOCIAL SECURITY DUMBER OR YOUR DRIVER'S LICENSE NUMBER."
3

WARRANTY DEED WITH VENDOR' S LIEN


1
DATE: January 29, 2015

GRANTOR: ELIZABETH ANN CRUMP, Individually and as Independent Executrix ofthe ESTATE OF
THOMAS W. CRUMP, Deceased

GRANTEE: AND GRANTEE'S MAILING ADDRESS: NI V INVESTORS, LLC, a Texas limited liability
company, P.O. Box 565151, piano, Texas 75086- 5151

CONSIDERATION; TEN AND NO/ 100 DOLLARS( 310.00) and the ftuthar consideration and delivery
by Grantees of one certain promissory nota ofeven dm herewith In the principal stun of TWO HUNDRED
SIXTY-FOUR THOUSAND AND NO/ 100 DOLLARS($ 264,OQ0. 00) payable to the order of TEXAS STAR
BANK, as therein provided and bearing interest at the rates therein specified and providing for aceeieration
of maturity in event of default and fbr attorney's fees. The note is secured by a first and superior vondor' s
lien and superior title retained in this deed in fAvor of TEXAS STAR BANK and by a first- lien dead of trust
of even date from Grantee to DEBORAH J. CONNOR, Trustee.

PROPERTY( including any improvements): Being a tract of land situated in the Meredith Hart Survey,
Abstract No, 371, Collin County, Texas, containing 1, 646 acres of land, more or leu, and being more
particularly described by motes and bounds in Exhibit' A" attached hereto and made a part horeof.

RESERVATIONS FROM CONVEYANCE AND WARRANTY:

None

EXCEPTIONS TO CONVEYANCE AND WARRANTY:

This conveyance is made and accepted subject to any and all outstanding minerals, mineral ieases,
restrictions, covenants, conditions and easements, ifany, relating to the hereinabove described proparty, but
only to the extent that they are still In force and effect, and shown of record In the haminabove rnentioned
County and State; and also to all zoning laws, regulations and ordinances of municipal and/or other
governmental authoritles, If any, but only to the extent that they aro applicable and enforceable against the
hereinabove described property.

Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and
warranty, grants, sails, and conveys to Cham o the property, together with all and singular the rights and
appurtenances thereto in any wise belonging, to have acrd hold it to Grantee, Grantee's heirs, executors,
administrators, successors, or assigns forown Grantor hereby binds Grantor and Orantoa' s heirs, executors,
adminiitrators, and successors to warrant and forever defend all and singulu rho property to Grantee and
Granteo's heim executors, adminlstroom successors, and assigns, against every person whomsoever lawfully

Wans* God With VvWoe' sLim P% p I 0tigaelttuttaNisx

S0

LEXHIBIT

1N"
claiming or to claim the same or any part thereof, except as to the reservations from anti exceptions to
warranty.

The vendor' s lien against and superlor title to the property are retained until each note described is fully paid
according to its terms, at which time this deed shall become absolute,

When the context requires, singular nouns and pronouns include the plural.

TEXAS STAR BANK, at the Instance and request of the Grantee herein, having advanced and paid in cash
to the Grantor herein that portlon of the purchase price of the herein described property Is
as evidenced by I
the hereinbefore$ 264,000.00 note, the Vendor' s Lien, together with the Superior Title to said property is
retained herein for the benefit of said TEXAS STAR SANK and the same are hereby TRANSFERRED and
ASSIGNED to said TEXAS STAR BANK.

Current ad valorem taxes on said property having been prorated, the paymenttbereof is assumed by Grantee.

ELIZABETH ANN CR

4ELIZAANN CRUMP, Indopo rrcutrix of the


LS7'A'lE OF THOMAS W. CRUMP, Deceased

STATE OF TFXA4
COUNTY OF

This Instrument was wknowWged before me on thr- day ofJanuary, 2013, by ELIZABETH
ANN CRUMP, individually and as Independent E.. uulx of ESTATE OF THOMAS W. CRUMP,
Deceased,

ty1Diiiiiiiiiiiiil BM

amm
it.
W7 wk

ia
orTmw
t7, my:
40N Lary Public. State of Texas

e
FWARED! N THE LAN' OFFICE OF.
xtNes a ULIKOoN. r,c.
go W Twauto zoo
Ts
soYMIS +(v+M)

Wrranry DnW With vwAWs Lkn; Pup 2

4. yyVd 74
1114
f' yi

Ht r1t111i-'
EXHIBIT" A'

f., it.,

BE.Ii+iG a bv& of land situated In the Meredith H8rtSUr4dVv0bdftdIN0V37,11 CMwCounty, Teras, and tieing all
of a t, 7+408 acne bsd as conyoved to Thomas W. Crump an0saetdad46'"doliurle 4869, Page 732, Deed R,eccsrds
of Collin County, Toms and beteg all of a 1, 000 acre trag.-45 aGtty . Go. 7bornesM.-Crump and reoarded In
volurnc 471, rage 10, Deed Rc-cor& or Cabin County, Texas and being mare particularly described by mates and
F: i:,. - A .
bounds as follows' ill A- df . irn'

BEGINWNG at a 1/ 2" Iron rod found for comer at the' . co ,%, tract, solid Iron rod
bong In the West right of Way line of F. M. No. 543; 46" T *, inuao noir,,,,

THENCE N 86 degrees 16 minutes 06 saoonds W a distance of 2 r oormr;

THENCE N 01 degree 39 minutes 34 seconds E a distance of 505, 20' to a 1/ 2" Iron rod found for corner;
THENCE S 88 degrees 02 minutes 37 seconds E a distance of 227.06' bD a capped 1/ 2' Iron rod set for corner In
the West right of way line of F. M. No. 543;

THENCE 5 01 degree 46 minutes 26 seconds W following the West rlght of way line of F. M, No. 543 a distance of
508. 31' to the POINT OF BEGINNING and 115,259 squan: feet, 2, 646 acnes of land.

F11e4and Reaardatl
Onto,*! VA lio nagarov
9twav Ke" Counly Clerk
Collin Cwn , TEXA
9" 380" Is 03A# 20 On
620." OUIIRD
4kSitt:lfM610Di40

unc

ate {
to

t r
r

w
rrrrfitIClliilkt.
t rrt
c Cr" TEXAS
Iq 3tcey Kemp CountyCiw,
COUNTY OF COLLIN Court Colvin Ccxetty, Tirotre
Dcluo.
s
. immby Lenity that the foreping instrument of wjjMD is
true and correct cop #
the Instrnm ni ae toad kw
cbrti to oHsce t day Qt
No 41
witne and 0Mdal ietril st my or=
in MOKWOW
Toxae, thi duty Oct ' sem gp
f
Intl#tits#"

Coll', C-01mly.* W
lay, Li

x
Exhibit.D

Declaration)

SETTLEMENT AGREEMENT PAGE 16 OF 21


DECLARATION OF RESTRICTIONS

This Declaration of Restrictions ( this " Declaration") is made effective as of the j


day of 2017 by Arch Resorts, LLC (" Arch"), a Texas limited liability company,
and NJV Investors, LLC, (" NJV") a Texas limited liability company ( collectively referred to as
the" Declarants").

WITNESSETH;

WHEREAS, Arch is the owner of approximately 44.415 acres located at 3163 FM 543,
McKinney, Texas (" Arch Property") the Arch Property consists of approximately 43, 416 acres

acquired by Arch on September 2, 2014, from Crumps Garden, Inc. ( being more particularly
described in Exhibit A attached hereto), and approximately . 999 acres acquired by Arch on
September 2, 2014, from Thomas A. Crump ( which is more particularly described in Exhibit B
attached hereto); and

WHEREAS, NJV is the owner of approximately 2. 646 acres (" NJV Property"),

acquired by NJV on January 29, 2015, from the Estate of Thomas W. Crump, which adjoins and
Arch particularly described in Exhibit C attached hereto); and
abuts the Property ( being more

WHEREAS, Declarants desire to subject the Arch Property and the NJV Property
collectively referred to as the " Subject Properly") to the restrictions hereinafter set forth in
order to restrict the development of the Subject Property to only those uses allowed by certain
defined and agreed upon zoning and development standards as expressed in and attached hereto
as Exhibit D (" Development Standards").

NOW, THEREFORE, Declarants herein declare that the Subject Property and all
portions thereof is and shall be held, transferred, sold, conveyed and occupied subject to the
restrictions hereinafter set forth.

ARTICLE I GENERAL

1. 1 Purpose of Declaration. The purpose of this Declaration is: to promote the proper

development and use of the Subject Property for retail/ commercial/ mixed use/ vertical
multi- family and other uses, more particularly described in the Development Standards, and to
specifically prohibit all uses and development not expressly allowed by the Development
Standards; to provide the City of McKinney, Texas (" C "} certain rights as beneficiary
hereunder; and to provide for the enforcement of this Declaration.

1. 2 Property Subiect to the Declaration. The Subject Property covered by this Declaration
is collectively described in the attached ExhibitA ( approximately 43.416 acres acquired by Arch
on September 2, 2014, from Crumps Garden, Inc.), Exhibit B ( approximately . 999 acres
acquired by Arch on September 2, 2014, from Thomas A. Crump) and Exhibit C( approximately
1

EXHIBIT
2. 646 acres acquired by NJV on January 29, 2015, from the Estate of Thomas W. Crump). Any
right, title and interest therein owned or held in all or a portion of the Subject Property shall be
subject to this Declaration and the restrictions set forth herein, as the same may be amended or
deleted only in accordance with the provisions of this Declaration.
ARTICLE IIPROHIBITED USES

2. 1 Prohibited Uses. Any use not expressly permitted by the Development Standards is
prohibited on the Subject Property. Prohibited uses include, but are not limited to, a commercial
recreational vehicle park or resort, and recreational vehicleAny use that produces
storage.

excessive smoke, noise, light, gas, fumes, dust, odor, vibration or danger of fire, explosion or
radiation that constitutes a nuisance is also prohibited on the Subject Property.

ARTICLE IIIPERMITTED USES

3. 1 The Subject Property may only be used and developed as allowed by


Permitted Uses.

the Development Standards. Any use or development of any or all of the Subject Property that is
not expressly authorized by the Development Standards is prohibited.
ARTICLE IVMISCELLANEOUS

4. 1 Bindina Effect and Duration. The restrictions of this Declaration shall run with and

bind the Subject Property and shall inure to the benefit of Declarants ( whether one or more) or
the City, their respective legal representatives, heirs, successors and assigns for a term of 30
years from the date that this Declaration is recorded in the Real Property Records of Collin
County, Texas.

4. 2 Amendment. This Declaration may be amended only pursuant to a written amendment


executed by the Declarants and the City, or their successors and assigns, that is recorded in the
Real Property Records of Collin County,' Texas.
4. 3 Enforcement. Declarants and the City shall each have the right ( but not the duty) to
enforce the restrictions set forth in this Declaration. Enforcement shall be by any proceeding at
law or in equity against any person or persons violating or attempting to violate any part of this
Declaration, either to restrain violation or recover damages, and failure by Declarants or the City
to enforce any such provision shall in no event be deemed a waiver of the right to do so
thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to
recover reasonable attorneys' fees and costs from the non-prevailing party.

4. 4 Validity and Severability. Violation or failure to comply with these restrictions shall
not affect the validity of any mortgage, bona fide lien or other similar security instrument that
may then be existing as an encumbrance of any part of the Subject Property. Invalidation of any
one or more provision of these restrictions, or any portion thereof, by a judgment or court order
2
shall not affect any of the other restrictions or provisions contained herein, which shall remain in
full force and effect.

4. 5 Interpretation. The provisions of this Declaration shall be given full force and effect
notwithstanding the existence of any zoning ordinance that is less restrictive. This Declaration
shall be construed under and in accordance with the laws of the State of Texas. The exhibits

attached hereto are incorporated herein by reference for all purposes.

IN WITNESS WHEREOF, ARCH RESORTS, LLC, and NJV INVESTORS, LLC, being
the Declarants herein, have caused this instrument to be executed to be effective as of the date
first written above.

signature pages follow]

3
ARCH RESORT, LLC,
a Texas limited liability company

BY:
Name: Sub_
byn a ___._. r

Date: 046

By:
Nam Nandhini Venkatesan, Manager

Date:

S' T'ATE OF TEXAS

COUNTY OF Y)

G
This instrument was acknowledged before
day of_ me on this the

2017, by SUBBARAYAN VENKATESAN, Manager of ARCH RESORT, LLC, a Texas


limited liability company, on behalf of said limited liability company.

SEAL] t o,

92
ao>`

JAYSiiREE S PATEL
Commission # 124703794
My Commission Expires
s; December 22, 2019 tary Public, State of Texas

STATE OF TEXAS

COUNTY OF
C- 0 t `A Yl

e"
This instrument was acknowledged before me on this the 6 day of

2017, by NANDHINI VENKATESAN, Manager of ARCH RESORT, LLC, a Texas


limited liability company, on behalf of said limited liability company.

SEAL
i JAYSNREE S PATEL.
Commission # 124703794 -
Notary Public, State of Texas
J My Commission Expires

December 22, 2019


EO , Et

4
NJV INVESTORS, LLC,
a Texas limited liability company

4 -
By'
Name: Subbarayan Venkatesan, Manager
Date: 0(' 2 i

By: _
N e. and mi J. Venkate , Manag

Date:

STATE OF TEXAS

COUNTY OF G o" Y)

This instrument was acknowledged before me on this the day of


2017, by SUBBARAYAN VENKATESAN, Manager of NJV INVESTORS, LLC, a
Texas limited liability company, on behalf of said limited liability company.

SEAL]

JAYSHREE S PATEL
Commission # 124703794
My Commission Expires otary Public, State of Texas
Sr9 rp OE( E
s
December 22, 2019

STATE OF TEXAS

COUNTY OF C- o\

LA
This instrument was acknowledged before me on this the day of_ _

2017, by NANDIIINI VENKATESAN, Manager of NJV INVESTORS, LLC, a Texas


limited liability company, on behalf of said limited liability company.

SEAL]

JAYSHREE S PATEL
Commission# 124703794
My Commission Expires
Notary Public, State of Texas
rE 7
December 22, 2019

5
Exhibit A

43. 416 Acres)

6
ll'

N WIN
wd 3
k:
l
YAllil fi lss
r
fNj
t xxr i asssks
+ $
tsx g
oe
pp
by' o 1, 111" t J
J ? sJ
ao

I lit
401 it
0111111 I; Ili ! l ! l i1 l 1K . E ill 1, 110 Tig ! r x? x

It
r

g
It

Ir
3

gal,

t
i8 '! t'

ryy
aft
9

tly

E7
1

Y"
Exhibit B

999 Acres)

Yv
14
Notica of Coetlld tel ty rlXbtvl Iryo I* j*&Natxlrai Person, you my mmove or ttsike any
or till of the Mottle wilts lint#armatloo f vrA ttlW inatrament that traelhra on interest in MI
prop" before it is# VW for record la flea Public R" Ords: Your Social Security Number or
y,aur DrITOW License Number."

WARRANTY DEED
WITH VENDORS LIED

T14E VATS OF TEXAS


K14OW A1. 1, MPN BY THESE PRF?SENTS
COUNTY OF COLLIN

THAT THOMAS A. CRUMP. joined herein by his spouse, JULIE CRUMP( hereinaticr
ttfermd to as" Grtirttor"), For and in consideration of the sum of, rEN AND N01100 DOLLARS

910,00) tirui other valuable consideration to the undersigmd paid by the Grantee herein named, the
receipt ofwhich is hereby aeknow ledged, and the fi>ther consideration ofthe execution and delivery
to Texas Star Bank. by Omtce of Grantee's promissory note ofeven date herewith in the principal
amount of ONE MILLION SEVEN HUNDRED SIXTY TWO THOUSAND FIVE HUNDRED
AND NO/ 100 DOLLARS( 51, 762,500,00) besting interest as thercin specified, payable w therein
speeitled, the prtyment of which note is timured by the Vsirdoes Lieu herein retained, and is
addltlonally wcured by a DetA of Trost of even date herewith to Deborah J, Connor, Toltec, has
GRANTED, SOLD A.N D CONVEYED, and by d= c prescnu docs GRANT, SELL AND CONVEY
unto ARCH RESORTS, LLC, a Texas limited liabllity company, whose mailing address is P. O.
75066- SISI ( herein refeffed to at " Grantee"), all of the following
Box 865151, Piano, T,exua

COIHft County, Texts( hereinafter refemd to the" Property"), to-


wit:
described real prOperty in

Being 0.949 sorsa of land in the Meredith Hart Survey, Absi. Nn. 171, Collin County,
Texas,' i'Ot;313 MER with an awroent covering 0,320 acre of land as more fully
inoorpomted herein
described in Exhibit" A" attscW hereto and by reference,
y

C t
X44,
WAML4NTV PLED WITR VENDOR'S URN- Payr. I
d53510 vl

EXHIBIT
This conveyance shall include all and singular the rights and appiortenancec pertaining to

the property; including all buildings, structures, fixtures, and improvements located thereon, and
any intsreet if any, of Grantor in and to any lend lying in Any street, road, accessway, or
casement, open or pwiposed, in front of, or adjoining, or within the Property,
This cnnveysn0a is expressly made subject to the following;

t, Eamment granted by Burtcy Crump to North Collin Water$ upply Corporation


lied 419/ 1971, raeorded in Volume 780, Page SSS, Rsal Property Rnoords, Collin
County, Texas.

TO HAVE AND TO HOLD the above described Property, together with all and singular

the rights and appttrtenartaes thereto In anywise belonging unto the said Grerttee, its successors
and assigns; and Grantor hereby bind themselves, their heirs and assigns, to WARRANT AND
FOREVER DEFEND all sand singular the said property unto the said Grantee, Grantee's
success= and assigns, against every Person whomsoever lowi'ully uWming or to cteirn the mune

or uty part thereof, subject, however, to the aforesaid exceptions.


But it is expressly agreed that the VENDORS LIEN, as well as the Superior Titto in and
to the above described Property, is retained against the above described Property, premises and
impmvernents until the abovo dcscribod nota and all interest are fully paid according to the face,

tenor, effect, and reading thereof, when this Deed shalt becssrne absolute.
TEXAS STAR BANK, at the instance and request of the Grantee herein, having

advur,ed and paid in cash to the Grantor lserain, that portion of the purchase price of the herein
described Property as is evidenced by the hereinbefore described $ 1. 762, 500,00 note, the
Vandor's Liens, together with the Superior Title to said Property is retained herein for the benefit

of tits said Texas Star Bank and the some are hereby TRANSFERRED AND ASSIGNED to the
said Texas Stw Bmk and Texas Star Bank, its successors or assigns, shall have the right to

ry AR Y DESA WITH VMNLIOR' 8 LIMY- Pip 2


bS3S10- v1

s
ralow said vendor'A Lien upon t A payment of said note.

EXECUTED an the dates of the vied nts, but to be EFFECTIVE on the 2nd dsy

of September, 2014.
44

THOMAS A. CRLTMP

J CRUMP

STATE OF TEXAS

COUNTY OF COLLTN

This iftmm mi was acknowledged

THOMAS A. CRUMP AND WIFE, JULIE CRUMP.


before me on IM

4 day of September, 2014, by

OYD f A Y 1' t fit 5T i f OF TEXAS

ilrtAf

At r1.
Own-

its]
ARCH RmRTS, LLC,
L Teas I Imited liability company
P. O. Box 865131
Plans,`' oxen 73066- 3151

D' R f.[ k. Pmc 3


d C.,
wR Nry DitYD wtrk VCk

rye,,
I

An z
EXHIBIT"

TRACT 1:

BEING s tract of land s3usled In the Meredith Hart Survey, Abstract No, 371, Collin County, Texas, and being all
of a 1. 000 ere Gran as conveyed to Thomas A. Crump and recorded in volume 5135, Page 7371, Deed Records
of Collin County, Tvm and being more particularly described by metes and bounds as follows;
COMMENCING at a c" d 1f2` iron rod set for ras" W at the Snutlteaat corner of said Tract 3, sold Iron rod being
In the West right of way line of F, M, No, 543;
TH6NCf N 68 degr s 07 Minute; IS srrorads W i dittaPva d 647, 17' to a bolt found for comer, being the
POINTOf OF-GINNING, said Mt bave i at Mr Soulbamst roach of A 1. 00 aue tract as conveyea to Thomas A,
Crump and racrsrdcd In Volur s S1 1b, Maqv 4" 7 1, R n a_C. t.I;
THENCE N 68 degrees 48 minutes 55 secunds W a distance of 269. 74' to a 5/ 8" Iron rod found for comer;
THENCE N 01 degree 40 minutes 56 seconds E a distance of 208. bIr to a 1/ 2" iron rat found fbr rxmL-,

i
THENCE 5 Be degrees 46 minutes 40 WOrids E a distinct of 208,41' to a 112" Iron rod found for comer;
THeNr.E 5 01 degree 35 minutes 29 seconds W a dlstence of 206,67' to the POINT OF BEGINNING sn6 53, 524
square feat, 0, 949 acres of land.

TRACT 2; Eesoment

M situated to Collin 0IMAY. Ttxa;, Jr) the Mer4;(titft Bert! wr*aY, Ais'JtfW NO, 471; bellop 8n ra tietsl" vel
Ami 4cf4 a the CA Oct" ofUwttf a olt- d h* a Mrd from Brite Cr limp and)# me%W. Cnsmp W Crump' s
64,40;1, Iatr dated 1e11W19W fecnttteu In volume 666, x 927
ftuE+ Btat+ty Cxump 3u t+
su
sod pan of1Nn13611y
the tract, offttcistcfrd*
bund whim v*
e# ttf
rami rtes
Itime
t t7e 1. 0 cern, r ctiCteatl in a f sl f

517, page 65. both Deems of the 040910 Dotty, veeij Reowds. b6% 0tvritiod fay irmtroo and touril fs 64 follvw,
BEGINNING at is 1/ 2 Inch Iron pin sat at thf. So corner of said 6. 26 acre tract, the Northeast corner of the

i Tom Wilson je,a6 acre tract, Referenoe Volume 935, page 548 and In the West R. O. W. line of Farm Road No,
543;

THENCE with the South Nee orseld 6. 26 acre tract, the South lime of sold Orioe Cramp tract, the North' Ine of said
16.95 ave tract and with a fences and type. line as follows;
aroith ea diegreas 36 rulnutes 31 sttcoftds Wast, 31517 f" t,'
Rohit$ 9 gees 40 minutes 02 seconds West, 333.53 feet to n 1/ 2 Inch iron pin set in the South lire of said 1. 0
acre tract;

THENCE Not 111 00 degrees 02 minutes Wast, 20. o feet to a point for a corner;
I THENCE E2 ys follows;

South 89 degr,4s 40 minutia 02 seconds East, 333, 64 feet;


South 66 dagraas 36 ftfinutea 31 seconds East, 362.39 feat W a point In the East line of said 6. 26 acre tract and
In sold West R, O.W,) Inc;

IvZNC6 South 00 degrees 02 minutaa East 20. 01 feet with the East line of said 6. 26 acre tract acid said West
K, Ol W. line to tht PLACE OF BEGIMING and eaveulna 0-1711 acre of land.
t

ylld. rbf" tlr.


Nit'':.
i

Y n zr.
jai.

fw;: llns 7 nd;. t inN, je td

Filed i1N( hd f'fM.


Oftlal t nr,l, o lNaora.
sto" V KoM. vowiv Clorm
Collin Compiv, TIM
Mill" 14 N 31 27 Nt

zs 4r rie

1
Y
THE STATE OF TEXAS ST- iAii tf tF d! h
t,
OOUNTY OF GOWN
acuy tamp C,CI L/ ry
Db haf ca*
lull. In* and dam
ftt ft kwogoftafitttrril
i[rr
I f> Nfe d for
rym raN the MLday sal
No443
wNnm my lid offfct# +!
Y fro In
dt ray of. _ s:
dp,,(
OUW Kam Cwhco" ff(

Mn C6U'1I`p, ryWAM

fv
Exhibit C

2. 646 Acres)

8
gim"' PA16
0: 18: 21 F101 113
NOTICZ OF C4) NFIDE1t n4UTY RIGHTS: W YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR$ TREKZ ANY OR ALL OF THE FOLLOWING
INPORMATION FROM ANY INSTRUMENT THAT TRANS" RS AN INTBBnT IN
REAL lROPZRTV 8ZFORL IT IS FILED FOR RECORD IN THz PUBLIC REConwr
YOUR SOCIAL S2CURffY NUMBER OR YOUR DRIVER' S LICENSZ NUMBER:'

WARRANTY DBBD WITH VENDOR'S LIEN

w. y t
1} A 1 n: Jat y i9r W i J

GRANTOR: ELIZABETH ANN CRUMP, indlvldualiy and as Independew Enoctdrix ordw ESTATE OF
THOMAS W. CRUMP, Deceased

CIRANTSE AND GIRANTUM MAILINO ADDRESS: NJV INVESTORS. LI.C, a Tauri limited U NIft
sorapay, P.OBox 065131, gleno, Tins 730$'6-51st
i
COWSIID13:1RATiON: TEN AND NO/ 100 DOLLARS( 310.00) and the further consldsratton end delivery
by Orontes of oste certala pramiswy note ofewn don hwwwft In the principal sum ofTWO HUNDRED
SIXTY-POUR THOUSAND ANDMI00 DOLLARS{ 32640000, 00} psly" to dro ardwof78XAS STAR
BANK, as tbemin VmIded surd be*% interest at do tar therein speelflsd turd pmvldhtg for armee don
of molt$ ty in event of deAult and lbr attorney' s toss. That; nolo to secured by a flntand superior vendors
lion orad supWordtM rosalned in 1Ma deed in fitvar ofTEXAS STAR BANK rntl by a fhet-$btu dead of inset
atom date from Orantm to DEBORAH J. CONNOR, Trustee.

PROPERTY( Including arty impmveatente): Being a tract of IwW situated In the Marodkb Hart Survey,
Absteaot No. 371, Collin Co", Texas, oonudning 1, 646 sores of had, more or tau, and being mon
psrtlouisriy dgeribed by metes and bowls In B* bit" A" attached hereto and made a wi hwW.

RESERVATIONS FROM CONVEYANCE AND WARRANTY:

None

EXCEPTIONS TO CONVEYANCE AND WARRANTY:

TMs cmveyanes Is meds and aocopied su ooct to any and all ont mWittg minerals, mineral leases,
allotions, eovononts, oondldws and easements, Ifay,relsting to the hereieabove dsetxlbed property, but
only to the extern abet they era still in lbroe and effect, ad shaven of record In dw horelnobovs mentionW
County and Ssafe; and also 10 ail mnhtg laws, r*pIAWns and ordinuuxs of municipal a% Ver other
0overnrnentai awhorkles, Ifmy. but ono to the extent that they are applicable and enforceable against the
hrroinobove dseoribeed lim" y-

Orentor. for the consideration and " Jaat to the ros rva mu It= and ozo ptfons to comeyanas card
wwronty, grants, salts, and convoys so Chantee the prapsrty, together wile all and singular the rlShts sod
nppmunanaes dweto In any wile bedortghrg, to have utd hold it to Glrw tea, Onntoe's helm, e:cecon.
odmintwetom sucrxaewrs. or asslgns forever. Chwitor boreby Mewls Oronsor and Onurtot' s heirs. executors,
admintstratars, sad rtrocomm to vrersartt and" ver de0md MI end sb% ulw the prep" to Orstttee and
Oraettae'shelmwmuwmadministrator%sucoeewa andsnivl, agalnetovarypersonwbmuoeverhtwwliy

Wwmw OW W*- vie LHs; ho t F C

1W

LEXHISIT
r

oWmb* or to claim the scone or any pert thereof, except as to the reservations from and axCv n: to
W&ffw*.

The vwAoes lien wait& and wperior tide to the property ase retained until each note dwerlbed is lltlly paid
awmrdin; to lts term at which time this deal shell became Awhas.

When the context requires, singular nouns and prawns Include the plural.

TEXAS STAR BANK, at the Instance and request ofthe Orantee hareln, having advanced and pald in cash
to the Oramor herein shei ponkm of tt>e putehae price ofthe bwWn described property a is evidaaed by
the hsr&WWfortt$ 264,000.00 note, the Vendor's Lien, toyather with the Superior Title to said property is
retained dtasetn fir the benefit of said TEXAS STAR SANK and then.. are tuesby TRAM SFORRED anti
ASSIGNED to seid TEXAS STAR BANK.

Current ad valorem taxes an wid property having been prorated, itis paymaattheraffIs sawed by t3= W.

ELIZABETH AIM CR

BL AN?tiI aKubm Ind wrix of the


kMAll3OF' THOMAS W. CRUMP, Decried

XA.R,,,}
STATS OR Ti?
tom
COUNTY OF,. r

This tint sWasottt Moftedbefmmeant ofAknuary, 2015, byELIZABETH


ANN CRUMP, ladivkhWly and a hidspandent Executrix of SSTA' I' B OF THOMAS W. CRUMP,
Dowell,

N- 7 FlWk
a OF I>uCni
Mary Piddle. State of T

rrsaa,+ am m n+a t, w+Crrrtct or


x e wMuuctr, r:a
Mx sir ftbwoSAN X0

owr>
t3 ttr!

W+Wwq Dead VA* VwAW&Lim; FW2

N
kc

C.. / yd,
EXMIdrT" A"

KING a Marx land 61tuebed in the Meredith Mart Surtteh


of 3brt3A1, dOnsCtaunty, Tacna, ! no bet all
of a 1, 7406 tract as conveyed to Thamn Yet, f rium en]* ilst~
acre 411Mk*YW 4091 Pap! 732, ted Ucords
of Collin County, Texas and being all of a 1. 000 acre traS,# rCarllrl ift. 3%= M11At. Dump sift recorded 1n
Volume 671,, Page 10, Dead Racards of Collin County, Tom w d being rrlcrre plht dsaatecll by metas and
bounds as WOW: ye, w} 1) f 1 ill 0*11 , 00' 6:, lkk ' ,., 1t .

rod} bund for coat


aEGI1QFiiNG at a 1/ 2" Ironcoater at the ntYr tract, seialion rod
10V v'',
iii. + .
being k1 tl1a Went rfpht of way tine of F. M. No. 543: OOT Ondoo noin, t
rel

minutes 06 itI'm rtdo W distance


THEMM N 66 degrees 16 a of& f

THENCE N 01 degree 39 minutes 34 s@ I m ids! a dbtarae of W9. 20' bo a 1/ 2" Iron rod found for comes;

Tr ENC.E S 116 degres 02 minubaa 37 Second! E a distance of 227.Qd' to a copped 1/ 2' Iron rod set for a x-rw In
du West r%ft of vary line of F. M. No. 543;

M* W:E S of dogme 4.6 minks 26 seconds W following the West right of way In of F. M. No. 543 a distance of
506.31' to tha POINT' OF BEGINNING and 115,259 square feet, 2.645 acnes of land.

Fkl4a and Raaardrk


cltW*$ K* 110400Orba
llaaay Komi } aunty Mork
Cal in OarntY, TEM"
6118017441 83, 14. H M
SWN O1AHM
ii!#1] i! M SMta1

ttt ttNNiftit. tot,.

e. t,otttlFkiitlt 4

I
I `
4Y tlf4ltttitr, 4r
r o 1
r OF TEXAS 1, SiACOy Kf*mp
Q ,..
+ aq CW*
COUNTY OF COL.LIN i" in cowv,, T
0C., wraby 0lRI1y thet the foregoing
a( A fain end correct c (
lnsttvm mt al wmft 14
lwl
00
0 rn rra # Ituai
th4q y of

Tom, day of 0 iNNt;iltp'P,


7ywpc* c"*

x
s
Exhibit D

Development Standards)

9
ARCH RESORTS Approx. 44 Acres
PD - Planned Development Regulations

1. The subject property shall be zoned " PD" Planned Development District and

shall conform to the development regulations contained herein, This PD is


intended to allow the flexibility to develop a more dense, urban development
pattern or a more traditional, suburban development pattern. Concurrent with
the first development plans submitted to the City for review and approval, the
property owner shall designate either a) the Urban Development Pattern or b)
the Suburban Development Pattern to govern all subsequent development
after which all applications and plans shall adhere to the designated
development pattern.

11. Permitted Land Uses. Only the following land uses shall be permitted on the
subject property. All other uses shall be prohibited.
i. All " Commercial Type, Retail and Service Uses" listed in the Zoning
Ordinance' s Schedule of Uses, and as amended;
ii. Financial Institutions;
iii. Indoor recreation facilities including, but not limited to indoor
commercial amusement uses, gyms, fitness clubs, exercise areas,
and other similar uses;
iv. Hospital;
v. Museum, library, or art gallery;
vi. Local utility line or utility distribution lines, telephone exchange ( no
garage or shop);
vii. Park or playground;
viii. Swimming pool ( public or private); and

ix. Urban residential buildings/ uses ( also known


multi-family
as

residential uses and which uses include assisted living facilities in


the calculation of the allowed number of units).
x. Day care ( excluding Montessori schools)

Ill. Urban Development Pattern Regulations.

a. Non- Residential Uses.

i. Front Build- To Line: 0 15'; all fagade articulation must occur


within the build- to line range.
ii. Side at Corner Build- To Line: 0 15'; all fagade articulation must
occur within the build- to line range.
iii, Side Setback: 0'
iv. Rear Setback: 0'
v. Miscellaneous Build- To Lines: Any property line that is adjacent to
a public street or driveway that serves as vehicular access for the
general public shall ( not to include employee parking, service drives

k;

EXHIJ31 T
1
k
for deliveries,etc.) shall require a build- to line of 0 15' ( all fagade
articulation must occur within the build-to line range).
vi. Minimum building height: 2 stories, although the Planning and
Zoning Commission may approve 1 story buildings in limited cases
where the urban pedestrian environment is appropriately
addressed.

vii. Maximum Lot Coverage and Floor Area Ratio: N/A

b. Residential Uses,

i. Front Build- To Line: 0' 20'; at least 50 percent of each fagade


must be located within the build-to line.
ii. Side at Corner Build- To Line: 0' 15'; at least 50 percent of each
facade must be located within the build- to line.
iii. Minimum Side Setback: 0'
iv. Minimum Rear Setback: 0'
v. Miscellaneous Build- To Lines: Any property line that is adjacent to
a public street or driveway that serves as vehicular access for the
general public ( not to include employee parking, service drives for
deliveries, etc.) shall require a build- to line of 0 20' ( at least 50
percent of each fagade must be located within the build- to line).
vi. Minimum Building Height: 4 stories.
vii. Minimum Residential Density: 50 dwelling units per acre.
viii. Maximum Developable Area: No more than 30 acres of the subject
property may be utilized for urban residential uses.
ix, Dwelling units on the ground floor shall be
Ground Floor Residential:
permitted so long as they are designed and constructed to
accommodate future commercial uses by featuring a minimum 12'
ceiling height and maintaining a front/back door that has direct
access to the public sidewalk.
x. Screening: All screening requirements of the Zoning Ordinance,
and as amended, shall be applicable except that screening walls
shall not be required along the perimeter of the property.
xi. Landscaping: All landscape requirements of the Zoning Ordinance,
and as amended, shall be applicable except that a landscape buffer
adjacent to public rights- of-way may be reduced as necessary to
facilitate the required build- to lines.
xii. Parking: A minimum of 50% of the minimum parking spaces
required by the Zoning Ordinance, and as amended, shall be

provided in a structured parking facility such as a multi- level parking


garage that is screened from public view on at least three sides by
an urban residential building or enclosed parking spaces that tuck
under an urban residential building.

c. Pedestrian Access. All pedestrian access paths for urban residential uses
shall adhere to the following width requirements:

2.
i. Sidewalks between a building' s build- to line and the ROW shall be
a minimum 10' in width.
ii. All other sidewalks shall be a minimum 6' in width.

IV. Suburban development Pattern Regulations.

a. Non- Residential Uses.

i. Minimum Front Setback: 25'


ii. Minimum Side Setback: 0'
iii. Minimum Rear Setback: 0'
iv. Maximum Building Height: 45'
v. Maximum Lot Coverage: 60%
vi. Maximum Floor Area Ratio: NIA

b. Residential Uses.

i. Minimum Front Setback: 30'


ii. Minimum Side Setback: 30'
iii. Minimum Rear Setback: 30'
iv. Maximum Building Height: 4 stories
v. Minimum Residential Density: 30 dwelling units per acre
vi. Maximum Developable Area: No more than 20 acres of the subject
property may be utilized for urban residential uses.
vii. Parking: A minimum of 50% of the minimum parking spaces
Ordinance, and as amended, shall be
required by the Zoning
provided in a structured parking facility such as a multi- level parking
garage that is screened from public view on at least three sides by
an urban residential building or enclosed parking spaces that tuck
under an urban residential building.

4824- 4777- 0959v. 3 58022- 1


Exhibit E

PD Zoning)

SETTLEI EA J' AGREEMENT WAGE 17 or 21


ARCH RESORTS Approx. 44 Acres
PD - Planned Development Regulations

I. The subject property shall be zoned " PD" Planned Development District and

shall conform to the development regulations contained herein. This PD is


intended to allow the flexibility to develop a more dense, urban development
pattern or a more traditional, suburban development pattern. Concurrent with
the first development plans submitted to the City for review and approval, the
property owner shall designate either a) the Urban Development Pattern or b)
the Suburban Development Pattern to govern all subsequent development
after which all applications and plans shall adhere to the designated
development pattern.

11. Permitted Land Uses. Only the following land uses shall be permitted on the
subject property. All other uses shall be prohibited.
i. All " Commercial Type, Retail and Service Uses" listed in the Zoning
Ordinance' s Schedule of Uses, and as amended;
ii. Financial Institutions,
iii. Indoor recreation facilities including, but not limited to indoor
commercial amusement uses, gyms, fitness clubs, exercise areas,
and other similar uses;

iv. Hospital;
v, Museum, library, or art gallery;
vi. Local utility line or utility distribution lines, telephone exchange ( no
garage or shop);
vii. Park or playground;
viii. Swimming pool ( public or private); and

ix. Urban residential buildings/ uses ( also multi-family


known as

residential uses and which uses include assisted living facilities in


the calculation of the allowed number of units).
x. Day care ( excluding Montessori schools)

III. Urban Development Pattern Regulations.

a. Non- Residential Uses.

i. Front Build- To Line: 0 15'; all facade articulation must occur


within the build- to line range.
ii. Side at Corner Build- To Line: 0 15'; all facade articulation must
occur within the build- to line range.
iii. Side Setback: 0'
iv. Rear Setback: 0'
v. Miscellaneous Build- To Lines: Any property line that is adjacent to
a public street or driveway that serves as vehicular access for the
general public shall ( not to include employee parking, service drives

EXHIBIT
for deliveries,etc.) shall require a build- to line of 0 15' ( all fagade

articulation must occur within the build- to line range).


vi. Minimum building height: 2 stories, although the Planning and
Zoning Commission may approve 1 story buildings in limited cases
where the urban pedestrian environment is appropriately
addressed.

vii. Maximum Lot Coverage and Floor Area Ratio: N/ A

b. Residential Uses.

i. Front Build- To Line: 0' 20'; at least 50 percent of each fapade


must be located within the build-to line.
ii. Side at Corner Build- To Line: 0' 15'; at least 50 percent of each
facade must be located within the build- to line.
iii. Minimum Side Setback: 0'
iv. Minimum Rear Setback: 0'
v. Miscellaneous Build- To Lines: Any property line that is adjacent to
a public street or driveway that serves as vehicular access for the
general public ( not to include employee parking, service drives for
deliveries, etc.) shall require a build- to line of 0 20' ( at least 50
percent of each facade must be located within the build- to line).
vi. Minimum Building Height: 4 stories.
vii. Minimum Residential Density: 50 dwelling units per acre.
viii. Maximum Developable Area: No more than 30 acres of the subject
property may be utilized for urban residential uses.
ix, Dwelling units on the ground floor shall be
Ground Floor Residential:
permitted so long as they are designed and constructed to
accommodate future commercial uses by featuring a minimum 12'
ceiling height and maintaining a front/back door that has direct
access to the public sidewalk.
x. Screening: All screening requirements of the Zoning Ordinance,
and as amended, shall be applicable except that screening wails
shall not be required along the perimeter of the property.
xi. Landscaping: All landscape requirements of the Zoning Ordinance,
and as amended, shall be applicable except that a landscape buffer
adjacent to public rights- of-way may be reduced as necessary to
facilitate the required build- to lines.
xii. Parking: A minimum of 50% of the minimum parking spaces
required by the Zoning Ordinance, and as amended, shall be
provided in a structured parking facility such as a multi- level parking
garage that is screened from public view on at least three sides by
an urban residential building or enclosed parking spaces that tuck
under an urban residential building.

c. Pedestrian Access. All pedestrian access paths for urban residential uses
shall adhere to the following width requirements:

2..
i. Sidewalks between a building' s build- to line and the ROW shall be
a minimum 10' in width.
ii. All other sidewalks shall be a minimum 6' in width.

IV. Suburban Development Pattern Regulations.

a. Non- Residential Uses.

i. Minimum Front Setback: 25'


ii, Minimum Side Setback: 0'
iii. Minimum Rear Setback: 0'
iv. Maximum Building Height: 45'
v. Maximum Lot Coverage: 60%
vi, Maximum Floor Area Ratio: N/ A

b. Residential Uses.

i, Minimum Front Setback: 30'


ii. Minimum Side Setback: 30'
iii. Minimum Rear Setback: 30'
iv. Maximum Building Height: 4 stories
v. Minimum Residential Density: 30 dwelling units per acre
vi. Maximum Developable Area: No more than 20 acres of the subject
property may be utilized for urban residential uses.
vii. Parking: A minimum of 50% of the minimum parking spaces
required by the Zoning Ordinance, and as amended, shall be
provided in a structured parking facility such as a multi- level parking
garage that is screened from public view on at least three sides by
an urban residential building or enclosed parking spaces that tuck
under an urban residential building.

3-

4824- 4777- 0959v. 3 58022- 1

v
Exhibit F

Sewer Easement Map)

SETTLEMENT AGREEMENT PAGE 18 OF 21


LEGAL DESCRIPTION

NITARY SEWER EASEMENT


74 ACRES

ING a tract of land out of the Meredith Hart Survey, Abstract No. 371 in the City of McKinney, Collin County, Texas, being part
of the tract of land described in deed to the Estate of Addison G. Wilson, Jr. and Testamentary Trust of Addison G. Wilson, Jr.
recorded in Instrument No. 20091215001497350 of the Official Public Records of Collin County, Texas, being part of a tract of
land described in deed to Central and 543, LLC recorded in instrument No, 20,150925001222230 of the Official Public Records of
Collin County, Texas and being more particularly described as follows-

BEGINNING at a 1/ 2" iron rod found in the east right- of-way line of F. M. Highway No. 543( 90' ROW at this point) for the
northwest corner of said Central and 543, LLC tract;

THENCE with the north line of said Central and 543, LLC tract, South 88 53' 39" East, a distance of 855, 95 feet to a point for
corner;

THENCE leaving said north line, the following courses and distances to wit:
South 1 07' 50" West, a distance of 885. 14 feet to a point for corner;
South 42 06'28" East, a distance of 366.91 feet to a point for corner,
South 85 29'56" East, a distance of 570. 62 feet to a point for corner;
South 42` 06' 28" East, a distance of 116.43 feet to a point for corner;
North 45 38' 10" East, a distance of 298.85 feet to a point for corner;
North 44" 21' 50" West, a distance of 20, 00 feet to a point for corner;
North 45 38' 10" East, a distance of 119.85 feet to a point for corner in the west line of a Sanitary Sewer Easement recorded
in Instrument No. 20130729001056530 of the Official PubGaRecords of Collin County, Texas;

THENCE with said west line, the following courses and distances to wit:
t South 3 11' 37" West, a distance of 26, 90 feet to a point for comer;
South 44 21' 58" East, a distance of 31. 85 feet to a point for corner in the north right-of-way line of US Highway No, 75
variable width ROW);

THENCE with said north right-of-way line, South 4538' 10" West, a distance of 430. 06 feet to a point for corner from which a
TXDOT aluminum disk found bears South 45' 38' 10" West, a distance of 117. 69 feet;

THENCE leaving said north right- of-way line, the following courses and distances to wit:
North 42 06' 2.8" West, a distance of 135. 70 feet to a point for corner;
North 85 29'56" West, a distance of 570. 62 feet to a point for corner;
North 42" 06'28" West, a distance of 390. 74 feet to a point for corner;
North 1' 07' 50" East, a distance of 882. 01 feet to a point for corner;
North 88' 53'31" West, a distance of 825.59 feet to a point for corner in the said east right- of-way line of F. M. Highway No
543;

THENCE with said east right- of-way line, North 0' 15' 10" West, a distance of 45.00 feet to the POINT OF BEGINNING and
containing 1. 974 acres of land,

Bearing system based on the tract of land described in deed to Central and 543, LLC recorded in Instrument No.
20150925001222230 of the Official Public Records of Collin County, Texas

SANITARY SEWER EASEMENT


MEREDITH HART SURVEY, ABSTRACT NO. 371
DANA BROWN CITY OF MCKINNEY
REGISTERED PROFESSIONAL r
COLLIN COUNTY, TEXAS
LAND SURVEYOR NO. 5336 D'A'N $ O
13455 NOEL ROAD, TWO GALLERI
OFFICE TOWER, SUITE 700
DALLAS, TEXAS 75240SS1
4 ,>
4 :.

a,. {

t
i`.
13455
Qwef.
Noe+Roma, Two Gaperla O19ce
sults7o0, oaliea Texas 75240
Horn
FORM 810115500
Tel Na.( D72j77- 1804
F., 1S. 11W.
PH. ( 972) 770- 1300 U tt 7 scale by 8e

dana, brown@kimley-
v y tiorn. com v
1`* N! A
I DDA13Cl f3 JAC eXH Bff
GR"+

GROWN DANA3' tfdV79.29AMK DAl. SUM !' SSSE}+ itaC1Gt7Cfi-` dfi i' N" RJ.CTS-fPA 57' 1113'NK3iEY.MiHfYi(3a"4C1 CiC'3VJ41.$ Ot ; S ES?.1T I31NG':

J,-
e

NT

0 1tiD z' o
PAUL POGUE
VOL. 5426, PG, 7262
GRAPHIC SCALE IN FEET
D. R, C. C, T.

112" IRF
Saa` 53' 39* E x5; 96
r.i-
I i i

N8B
85 53' 31" W 825. 59'
NO 15' 10"W 0

z In
rn

U) IL U
ESTATE OF ADDISON G.
OJ o o
WILSON, JR. AND
TESTAMENTARY TRUST OF
iR
ADDISON G. WILSON; JR. co

j INST. NO.
3 20091215001497350
LR. C. G. T.

1 100. 337 AC.


a CENTRAL& 543, LLC
dINST. NO. r'
LL 0 20150925001222230
i
O. P. R. C.C. T.

MATCH LINE

t
i

SANITARY SEINER EASEMENT


MEREDITH HART SURVEY, ABSTRACT NO: 371
CITY OF MCKIN'NEY
COLLIN COUNTY, TEXAS

13455 N. el
K"im
ftaad; Two Galeria Office
0 Horn Tel. Na.( 972) 770- 1300
Tower, 8uite. 700, Oaffae, laxaa x6240 FIRM 910115500 Fax No.( 972) 23-$ 820

te Draw pYSt eetNo


1', 200' DAB JAD SEPT 2017 OE4004W3 2 OF 3

BROWN 18ANAWIStOP97$' 1AAMi" ADAI. S()!,?


VCYi"Qrx9C?D tUit3trQll:at7NfRAr TS- FAA 543VI34Mi12' XHS[ 9ri1D&400W3 WLSON$ 5T'SM7.hSNf

V
roRTH

7 1tl0 200

J
GRAPHfi BVALCNMT 1( y+

t ESTATE OF ADDISON G. f
C
t a
WILSON, JR. AND
TESTAMENTARY TRUST OF

7 ADDISON G. WILSON, JR.


j
INST. NO.
SANITARY SEINER EASEMENT
20091215001497350 A
C E INST. NO.
a _ L. R. C, C. T. 2013072900101056530
rr
Q. P. R. C.C. T. 1
S44 21' 58" E
100. 337 AC. f 3t.85
CENTRAL& 543, LLC
INST. NO. S3 11`37" W
20150925001222230 26. 90

y *dv;
C y
r
O P, R C. G. T,
1198>

N_ ' 23: 50" A

wow awft A V

lY
f_

N42" 06`28"VJ '`


j36.70' eta

J ,
54533` 10" W
117. 69' C

ADF

4P

ADF - 4

A10

SANITARY SEWER EASEMENT


MEREDITH HART SURVEY, ABSTRACT NO. 371
CITY OF MCKINNEY
COLLIN COUNTY, TEXAS

13455
rimHorn
Nowl" 6 f. TWO' Cweeoa 4Xbr,4
jRM# tOt 15500
Tel. Fla_(972) 170- 1300
Fox No. 1972) 239-3620
Tavrer; uAC 7' DO,- ftan- Texas 152E +
D

S- le rev Dhecked by a r P edt No. heel o'

1", 200' DAB JAO SEPT 2017 004004003. 3 OF 3

Rft{ sshTt t3+1WA. 4M1..d`.xi717 7; 1511 hh KtORI. S!. 17{ V}' Y'iCE. Eikidi) t} 3JJit,3$76:'( RAC7 111. 1iC1f f; iS:CT,I1WKa
i# th 5R31T. lVd( a'1E:%Nfli) T!', fI`dOW.StaH- j^
LEGAL DESCRIPTION
SANITARY SEWER EASEMENT
0, 295 ACRE

BEING a tract of land out of the Meredith Hart Survey, Abstract No. 371 in the City of McKinney, Collin County, Texas, being part
of the tract of land described In deed to Paul Pogue recorded In Volume 5428, Page 7262 of the Land Records of Collin County,
Texas, and being more particularly described as follows:

BEGINNING at a l/ 2" iron rod found in the east right-of-way line of F. M. Highway No, 543( 90' ROW at this point) for the
southwest corner of said Pogue tract;

THENCE with said east right- o-way line, North 0 15' 10" West, a distance of 15.00 feet to a point for corner;

THENCE. leaving said east right-of-way line, the following courses and distances to wit;
South 88" 53' 31" East, a distance of 856. 32 feet to a point for corner;
South 1' 07' 50" West, a distance of 15. 00 feet to a point for corner in the south line of said Pogue tract;

t THENCE with said south line, North 88 53'31" West, a distance of 855.95 feet to the POINT OF BEGINNING and containing
0. 295 acre of land.

Bearing system based on the tact of land described in deed to Central and 543, LLC recorded in instrument No.
2015092500f222230 of the Official Public Records of Collin County, Texas

a
l
f
i

Orr- SANITARY SEWER EASEMENT


lir MEREDITH HART SURVEY, ABSTRACT NO. 371
fib
DANA BROWN CITY OF MCKINNEY
REGISTERED PROFESSIONAL COLLIN COUNTY, TEXAS
LAND SURVEYOR NO. 5336 DANA 13OWlt
13455 NOEL ROAD, TWO GALLERIA

5Kimley, Horn
336
OFFICE TOWER, SUITE 700 tA, .,

7
DALLAS, TEXAS 75240 4
13455 Noel Raaf, Two Gelieds ice Tel. No( 972) 7704300
Tama, Suite 7G3, C lWs, Taxas 75240 FIRM N 10116500 raK No.( 972) 230. 3020
PH, ( 972) 770- 1300 i
bale Dr Checked by Dale ed No. Leel No
lana. brown@i<imiey-ftorn. com NIA DAs SAD SEPT 2017 COA00A003 IOF2

BRd7^7T1 PAHA Wf51: OM'-' 47:.S1


M MI K' 4* 03=('.000E SS LSMT, DW8
i
1

1
PAUL POGUE
VOL. 5428, PG. 7282
D, R, C. C. T.
R O.
V B.
S 1 07' 50"W
988' 53' 31" E 1500
19- j
1

w
856. 32'
S88 53 31 E 1593. 27'
88" 53' 31" W 85&: fly' TO SEC POGtJE" TRACT
NO 15' 1 OW
15.00'
rn
Z to
0
J d U
mU M
4

ESTATE OF ADDISON G.
O
p WILSON, JR. AND
TESTAMENTARY TRUST OF
ADDISON G. WILSON, JR.
c.>

7n; 200912150010497350
W
a
L, R. C. C.T.

100.337 AC.
o CENTRAL& 543, LLC
o
INST. NO.
li.. 20150925001222230
0, P. R. C. C. T.

NTO T11

I 0 1t1D 200

GRAPHIC SCALE. IN FEET


t

SANITARY SEINER EASEMENT


MEREDITH HART SURVEY, ABSTRACT NO, 371
CITY OF MCKINNEY
COLLIN COUNTY, TEXAS

KI m:1:t:y
13465 Noel Road; TwoGallens Office
Tower, Suits 700, Dallas,' texas 76240 FIRM110115500
H or n Tet No,{ 972} 770- t30o
Fax No.( 672) 230. 3820
Srn!e 1ra+ m bV Chatkil L,y_ Date Praiscl No. & eat No
(
j
JAD 089004003
I.- 200' DAB
I SEPT 2017 - 2.^, F 2

tiT400* 4 Tk1NA W15t21D17 9: 30 At4 K1QAL sullivPyorm0C3Mrit 7vit tiC7N YNJiC fM 54


75% 3Y f34F EMtE11TC6400A0D3: GLUE SS ESMT. OWG
Exhibit+G

Sewer Easement Template)

SETTLrMEM AGREEmrNT PAGE 19o, 21


AFTER REC.OIiDJ NQ. RETURN TO:

City Secretary
CITY OF McKINNEY
P.O. Box 517
McKinney, Texas 75070

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL


PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER' S LICENSE NUMBER

SAMTAR Y SE 0WR_EASEMENT

STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN

That :INSERT PROPERTY OWNER NAME - ALL CAPS; a State of Formation and

Entity Type, If Applicable (" Grantor"), for and in consideration of the sum of TEN AND

NOi 100 .DOLLARS($ 10. 00) and other good and valuable consideration to Grantor in hand paid

by the CITY OF McKINNEY, a Texas municipal corporation (" Grantee"), the receipt and

sufficiency of which are hereby acknowledged, does hereby GIVE, GRANT, and CONVEY unto

Grantee a non-exclusive easement and right to construct, reconstruct and perpetually maintain a

sanitary sewer line and all necessary appurtenances thereto( the " Facilities") in, on, under, over

and across the following described property: -

BEING square . feet or acres in Lot Block


Addition to the Survey, Abstract No.
City of McKinney, Collin County, Texas, and being more

McK Sanitary Sewer Easement Template( website)


10/ 9/ 2017
EXHIBIT

r11'
particularly described in Exhibit " A" and depicted on Exhibit " B"
attached hereto and made a part hereof{ the" Easement Property").

Grantor hereby grants to Grantee a temporary construction easement of twenty-


five ,feet ( 25) parallel along and abutting the side( s) of the
running
Easement Property depicted in Exhibit B, with rights of ingress and egressfor the
construction ofsaid Facilities, such temporary construction easement terminating
upon completion ofsaid Facilities.

Improvements approved by the Grantee may be placed on the Easement Property which

are compatible with the use of the easement and Facilities.

The Grantee herein, its successors and assigns, shall have, and it is hereby granted, the

right of ingress and egress over that portion of the servient estate as is reasonably necessary to

and for the limited purpose of accessing the Easement Property herein granted.

There are no liens, attachments, or other encumbrances which will affect the title or right

of the Grantor to convey this easement to the Grantee for the purposes as described herein. If

such condition does exist, a signature with acknowledgment shall be included and made a part of

this document conveying the rights and privileges contained herein, and subordinating any such

lien or encumbrance to the easement granted herein.

TO HAVE AND TO HOLD the Easement Property unto the Grantee for the purposes

herein set forth, Grantor hereby binds itself and Grantor' s heirs, executors, administrators,

successors and assigns to warrant and foreverdefendthe easement and rights granted herein unto

Grantee, its successors and assigns, against every person whomsoever lawfully claiming or

attempting to claim the same or any part thereof,

TIDE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

McK Sanitary Sewer Easement Template( website)


10/ 9/ 2017
Page 2of3
WITNESS T14E GRANTOR' S HAND this day of 20

PROPERTY OWNER NAME- ALL CAPS,

a State of Formation and Entity Type, If Applicable

By:
Name.,
Title:

APPROVED AS TO FORM:

Printed Name:.
Title.
Office of the City Attorney

STATE OF TEXAS

COUNTY OF COLLIN

This instrument was acknowledged on this the day of , 20 by


Name of Signer as Capacity of Signer of PROPERTY OKATR NAME- ALL CAPS, a State of
Formation and Type, If Applicable, on behalf of said Entity Type, If Applicable.

Notary Public, State of Texas

McK Sanitary Sewcr Easement' remplate( website)


10/ 9/2017

Page 3 of 3
AFTER RECORDING RETURN TO:

City Secretary
CITY OF McKINNEY
P.O. Box 517
McKinney, Texas 75070

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL


PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER' S LICENSE NUMBER

SANITARY SEWER EASEMENT

STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN

That INSERT PROPERTY OWNER NAME - ALL CAPS, a State of Formation and

Entity Type, if Applicable (" Grantor"), for and in consideration of the sum of TEN AND

NO/ 100 DOLLARS ($ 10.00) and other good and valuable consideration to Grantor in hand paid

by the CITY OF McKINNEY, a Texas municipal corporation (" Grantee"), the receipt and

sufficiency of which are hereby acknowledged, does hereby GIVE, GRANT, and CONVEY unto
Grantee a non-exclusive easement and right to construct, reconstruct and perpetually maintain a

sanitary sewer line and all necessary appurtenances thereto ( the " Facilities") in, on, under, over

and across the following described property:

BEING square feet or acres in Lot Block


Addition to the Survey, Abstract No.
City of McKinney, Collin, County, Texas, and being more

McK Sanitary Sewer Easement Template( website)


10/ 9/ 2017
Page 1 of 3

A
particularly described in Exhibit " A" and depicted on Exhibit `B"
attached hereto and made a part hereof( the" Easement Property").

Grantor hereby grants to Grantee a temporary construction easement of twenty-


five feet ( 25)running parallel along and abutting the side( s) of the
Easement Property depicted in Exhibit B, with rights of ingress and egress for the
construction ofsaid Facilities, such temporary construction easement terminating
upon completion ofsaid Facilities.

Improvements approved by the Grantee may be placed on the Easement Property which

are compatible with the use of the easement and Facilities.

The Grantee herein, its successors and assigns, shall have, and it is hereby granted, the

right of ingress and egress over that portion of the servient estate as is reasonably necessary to

and for the limited purpose of accessing the Easement Property herein granted.

There are no liens, attachments, or other encumbrances which will affect the title or right

of the Grantor to convey this easement to the Grantee for the purposes as described herein. If

such condition does exist, a signature with acknowledgment shall be included and made a part of

this document conveying the rights and privileges contained herein, and subordinating any such

lien or encumbrance to the easement granted herein.

TO HAVE AND TO HOLD the Easement Property unto the Grantee for the purposes

herein set forth, Grantor hereby binds itself and Grantor' s heirs, executors, administrators,

successors and assigns to warrant and forever defend the easement and rights granted herein unto

Grantee, its successors and assigns, against every person whomsoever lawfully claiming or

attempting to claim the same or any part thereof.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

McK Sanitary Sewer Easement Template( website)


10/ 9/2017
Page 2 of 3
WITNESS THE GRANTOR' S HAND this day of 20

PROPERTY OWNER.NAME- ALL CAPS,

a State of Formation and Entity Type, If Applicable

By:
Name:
Trtl:

APPROVED AS TO FORM:

Printed Name:
Title:
Office of the City Attorney

STATE OF TERAS

COUNTY OF COLLIN

This instrument was acknowledged on this the day of , 20 by


Name of Signer as Capacity of Signer of PROPERTY OWNER NAME- ALL CAPS, a State of
Formation and" Type, If Applicable, on behalf of said Entity Type, If Applicable.

Notary Public, State of Texas

McK Sanitary Sewer Easement Template( website)


10! 9/ 2017
Page 3 of 3
Exhibit H

Arch Property Interests Drainage Easement)

PAGi 20 OF 21
SETIt,w: MENTAGRFENIENT
AFTER RECORDING, RETURN TO:

Sandy Hart
CITY OF McKINNEY
P. O, Box 517
McKinney, Texas 75070

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL


PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER' S LICENSE NUMBER

DRAINAGE EASEMENT( with Three- Year Temporary Construction Easement)

S' L'ATE OF TEXAS


KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLLN

That ARCH RESORTS, LLC(" Grantor"), for and inconsideration of the sum of FORTY

THOUSAND, SIX HUNDRED THREE and 001100 DOLLARS($ 40, 603), and other good and

valuable consideration to Grantor in hand paid by the CITY OFMcKINNEY, a Texas municipal

corporation(" Grantee"), the receipt and sufficiency of which are hereby acknowledged, does hereby

GIVE, GRANT, and CONVEY unto Grantee a non- exclusive easement(" Easement") and right to

construct, reconstruct and perpetually maintain storm drainage and positive overflow facilities

together with all


necessary appurtenances thereto( the" Drainage Facilities") in, on, under, over and

across the approximately . 367 acres of land described by metes and bounds and graphically

portrayed in ExhibitA attached hereto ( the" Drainage Easement Property").

Drainage Easement Arch Resorts


4/ 26/ 2417

EXHIBIT
Grantor further hereby grants to Grantee a temporary construction easement( not to exceed

three years) in approximately . 635 acres of land described by metes and,bounds and graphically
portrayed in Exhibit B attached hereto, with rights of ingress and egress for the construction of the

Drainage Facilities, with such temporary construction easement to terminate upon the three- year

anniversary of the date that this instrument is executed and filed in the Real Property Records of

Collin County, Texas.

Improvements which are compatible with the use ofthe Easement and the Drainage facilities

may be approved by the Grantee and placed on the Drainage Easement Property,
The Grantee herein, its successors and assigns, shall have, and it is hereby granted, the right

of ingress and egress over that portion of the servient estate as is reasonably necessary to and for the

limited purpose of accessing the Drainage Easement Property herein granted.

There are no liens, attachments, or other encumbrances which will affect the title or right of

the Grantor to convey this Easement to the Grantee for the purposes as described herein. if such
condition does exist, a signature with acknowledgment shall be included and made a part of this

document conveying the rights and privileges contained herein, and subordinating any such lien or

encumbrance to the Easement granted herein.

TO HAVE AND TO HOLD the Drainage Easement Property unto the Grantee for the

purposes herein set forth, Grantor hereby binds itself and Grantor' s heirs, executors, administrators,

successors and assigns to warrant and forever defend the Easement and rights granted herein unto

Grantee, its successors and assigns, against every person whomsoever lawfully claiming or

attempting to claim the same or any part thereof,

Drainage Easernem Arch Resorts ^


4/ 26/ 2017

Page 2 of 3
b ^
WITNESS THE GRANTOR' S HAND this , o :, day of

2017,

ARCH RESORT, LLC,


a" Texas limited liability company

Subbarayan' Venkatesan, Manager

andhianager

STATE OF TEXAS

COUNTY OF

This instrument was acknowledged on this the _ day of


2017, by SUBBARAYAN VENKATESAN on behalf ofARCH RESORT, LLC.
JAYSHREE
SP
nta
124703794

My Commission Expires Notary Public, State of Texas


December 22, 2019

STATE OF TEXAS

COUNTY OF C-- d\,\\,Y)i

This instrument was acknowledged on this the _ _ day of C-\


2017, by NANDHINI VENKATESANon behalf of ARCH RESORT, LLC.

y
JAYSHREE S PATEL
Commission # 124703794
Notary Public, State of Texas
My Commission Expires
5 December 22, 2019
rE OF IEP

Droinage Emmem Arch Resorts


4/ 26/ 2017
Page 3 of 3
LEGAL DESCRIPTION
0. 367 of an Acre

BEING a tract of land situated in the Meredith Hart Survey, Abstract No. 371, City of McKinney, Collin County, Texas, and being
a portion of a called 43,416 acre tract of land described In a Warranty Deed with Vendor's Lien to ARCH Resorts, LLC, as
recorded In Instrument No. 20140910000982880 of the Official Public Records of Collin County, Texas, and being more
particularly described as follows;

BEGINNING at a 1/ 2 Inch iron rod found for the southerly northeast comer of said 43.416 acre tract, Common to the southeast
corner of a called 2. 646 acre tract of land described in a deed to NJV Investors, LLC; as recorded In instrument No.
20150130000109420 of the Official Public Records of Collin County, Texas, being on the westerly right-of-way line of FM 543
Weston Road), a variable width right-of-way as dedicated by Volume 516, Page 47, 540, 547, 553, 555, and 563 of the Deed
Records of Collin County, Texas, and conveyed to City of McKinney in a Transfer of Right- of-Way as recorded In Instrument No,
20140217000146290 of the Official Public Records of Collin County, Texas;

THENCE South 0046' 30" West, along the westerly right- pl-way line of said FM 543 and the easterly line of said 43.416 acre
tract, a distance of 610. 82 feet to a point for comer, from which a 112 Inch iron rod with plastic cap( illegible) found for witness
bears South 26" 27' West, 0. 3 feet;

THENCE South 00" 13' 33" East, continuing along the westerly right-of-way line of said FM 543 and the easterly line of said
43.416 acre tract, a distance of 1. 97 feet to a point for the southeast comer of said 43,416 acre tract, common to the northeast
corner of a called 16. 857 acre tract of land described as Tract 1- C In a deed to Tom B. Wilson, Sr., as recorded in Volume 935,
Page 598 of the Land Records of Collin County, Texas;

THENCE North 89 13' 13" West, departing the westerly right-of-way line of said FM 543, along the southerly line of said 43. 416
acre tract and the northerly line of said 16. 857 acre tract, a distance of 25.03 feet to a point for comer;

THENCE departing the southerly line of said 43.416 acre tract and the northerly line of said 16. 857 acre tract, and crossing said
43. 416 acre tract, the following courses:

North 00 46' 30" East, a distance of 534.69 feet to a point foroomer;

North 89' 13' 30" West, a distance of 15. 00 feet to a point for corner;

North 00146' 30" East, a distance of 43. 00 feet to a point for corner;

South 89 13' 30" East, a distance of 15.00 feet to a point for corner;

North 00` 46' 30" East, a distance of 35. 13 feet to a point for corner on the northerly line of said 43.416 acre tract and the
southerly line of aforesaid 2.646 acre tract;

THENCE South 69 08' 24 East, along the northerly line of said 43.416 acre tract and the southerly line of said 2.646 acre tract,
a distance of 25.00 feet to the POINT OF BEGINNING and containing 0. 367 of an acre( 16, 965 square feet) of land, more or
less.

NOTES

Bearing system based on the Texas Coordinate System of 1983, North Central Zone( 4202), North American Datwn of 1963.
DRAINAoErtEASEMENT
ofi
CITY cKINNEY

MEREDITH HART SURVEY, ABSTRACT NO. 371


COLLIN COUNTY, TEXAS
W?f. ry GUNAWAN
it SYLVIANA GUNAWAN

LAND SURVEYOR NO E
PROFC .

GENESIS COURT, SUITE 200 64


461
t. '}
t 4G1 ...,

Kimley* H
55 s s . zxxu
PRISCO, TEXAS 75034 Fdwo, TWW115094 FIRM If 10199822 Fax No.{ vt2} alG 3'77J
j '"'""#
PH. 972- 335-3580 SUS 14,,. s,. y
sylviana. eJunewarl( kimley- hom. com sa KHA 001W,018 EXHIBIT
rN.l& ROW ttWrffA'41 A5` k ::+ tta + _
OEIIWOAA: . EViM2t+-btax, 25711k6f
t1[ 09:, Iie SGtTiV[' r"U' t1. i Gi: rrtk r.
r" SPY C# tjCPARATEINSTRUMENTUTtd
CALLED 2. 845 ACRES
NJV INVESTORS,
NST,
tYt3ld'! t1
20150130000109420 Z389' t1 t
O. P, R. G C. T. 25. 00
R2` IRF 1W IRF
0 LY! t 0I?

201. 04' t

Ne8' 08' 24" W NO' 46' 30" E--- } P. O. B.


GRA PHICSCALEINFEET
35. 13

S89' 13' 30"E


LEGEND
15. tXY
P. O. B.= POINT OF BEGINNING NU 48`3
HMW= WOOD HIGHWAY MONUMENT W
43. 00'.
IRFC z IRON ROD FOUND W! CAP
N89 13' 3U+N
30W*
L. R, C. C. T.- LAND RECORDS OF COLLIN
COUNTY, TEXAS
O. P. R. C. C. T, n
OFFICIAL PUBLIC RECORDS
OF COLLIN COUNTY, TEXAS 10' NORTH COLLIN WATER
SUPPLY WATER LINE
a
EASEMENT
VOL. 780, PG,$ 53
E
NOTES
L. R, C. C. T.
based on the Texas
Uv CALLED 84, 231 ACRES
Bearing system
Coordinate System of 1983, North o PAUL H. POGUE
EASEMENT VOL, 5428, PG, 7282
z 3a a
AmericanDRAINAGE

Central Zone( 4202}, North


Datum of 1983. 0, 367 ACRE o v - L. R. c.G. r.

15, 965 SQ. FT)


C
d "

LLJ !
NM
CALLED 43. 418 ACRES
ARCH RESORTS, LLC
INST, NO. 20140910000982880
cN j J 7
O. P. R. C. C. T. w
CL-
E
LLLL
0
NORTH COLLIN WATER
SUPPLY CORPORATION
EASEMENT
VOLUME 780, PAGE 547& 555
L. R. C. CT. j
TRACT TWO--- a
EASEMENT TRACT
VOLUME 5138, PAGE 7352
VOLUME 5138, PAGE 7371 J
N89' 13
L. R. C. C, T,
5
2 , 03503'

50' 13' 33"E


1. 97'
TRACT 1- NORTH COLLIN WATER
HMW CALLED 100, 337 ACRES
CALLED 19. 857 ACRES SUPPLY CORPORATION
CENTRAL& 543, LLC
TOM B. WILSON, SR. EASEMENT
INST, NO, 2015092500122223(
VOL. 935, PG. 598VOLUME 781, PAGE 119
O. P, R. G. C. 7,
L. R.C. C. T. L. R. C,C:T. '
s

Q2l
d DRAINAGE EASEMENT
CITY OF McKINNEY
MEREDITH HART SURVEY, ABSTRACT NO. 371
1.., COLLIN COUNTY, TEXAS

x VnUNAW
SYLVIANA GUNAWAN

Kimigy)OHorn
REt' 1 1.
LAND OR N0. 6481
D 8URVEYOR
SURVEYOR N ` fi '
Ca4f6 1
(>
GENESIS COURT, SUITE 200
t . y

k sagooen, sIvcuuA 6uno Te. Ho,($ 72) 3361580


Fa% Nv.( 072) 3354776
PRISCO, TEXAS 75034 Fdbm 7eaoe 1604 FiRM# 1$ 1$ 3! 22

PH. 972- 335- 3580 i3 L cn saev


2tla P.M) fflAN, & WIL&
WP'

sy[ viane. gunawangxtmley- horn. com 1- IOU so KHA 0Z5= 19 0601600M zoos

tAMAV`iAk SYt AM h V W MI RVLt`1?35f7-'ItCKK+l 1' i INfrY` FAU.vsl' VJftF1$!:' 1"AT'#1K3`1R 7 Cf1419ltINTfS" tf 54'3 uilw R.tPiJ Lr.YLkat tSYb id4tat fdCS(Kt( ti LLClAM4H R`:$ 0RT$
DE OVKi
LEGAL DESCRIPTION
0. 635 of an Acre

BEING a tract of land situated in the Meredith Hart Survey, Abstract No. 371, City of McKinney, Collin County, Texas, and being
a portion of a called 43, 416 acre tract of land described in a Warranty Deed with Vendor's Lien to ARCH Resorts, LLC, as
recorded in Instrument No. 20140910000982880 of the Official Public Records of Collin County, Texas, and being more
particularly described as follows:

BEGINNING at a 112 Inch Iron rod found for the southerly northeast corner of said 43.416 acre tract, common to the southeast
comer of a called 2, 646 acre tract of land described In a deed to NJV Investors, LLC, as recorded In Instrument No,
20150130000109420 of the Official Public Records of Collin County, Texas, being on the westerly right-of-way line of FM 543
Weston Road), a variable width right-of-way as dedicated by Volume 516, Page 47, 540, 547, 553, 555, and 563 of the Deed
Records of Collin County, Texas, and conveyed to City of McKinney In a Transfer of Right-of-Way as recorded In Instrument No.
20140217000146290 of the Official Public Records of Collin County, Texas;

THENCE South 0046130" West, along the westerly right-of-way line of said FM 543 and the easterly line of said 43.416 acre
tract, a distance of 610,82 feet to a point for corner, from which a 1/ 2 Inch Iron rod with plastic cap( illegible) found for witness
bears South 26 27' West, 0. 3 foot;

THENCE South 00' 13' 33" East, continuing along the westerly right-of-way line of said FM 543 and the easterly line of said
43.416 acre tract, a distance of 1. 97 feet to a point for the southeast corner of said 43.416 acre tract, common to the northeast
comer of a called 16, 657 acre tract of land described as Tract 1- C in a deed to Tom B. Wilson, Sr., as recorded in Volume 935,
Page 598 of the Land Records of Collin County, Texas;

THENCE North 89 13' 13" West, departing the westerly right-of-way line of said FM 543, along the southerly line of said 43.4.16
acre tract and the northerly line of said 16. 857 acre tract, a distance of 47.52 feet to a point for comer;
43. 416 acre tract and the northerly line of said 857 acre
THENCE North 01 12' 34" East, departing the southerly line of said

tract, and crossing said 43, 416 acre tract, a distance of 612.86 feet to a point for corner on the northerly line of said 43,416 acre
tract and the southerly line of aforesaid 2.646 acre tract, from which a 112 inch iron rod found for the southwest corner of said
2. 646 acre tract bears North 89 08' 24" West, 183. 21 feet,

THENCE South 89 08' 24" East, along the northerly line of said 43,416 acre tract and the southerly line of said 2.646 acre tract,
a distance of 42,84 feet to the POINT OF BEGINNING and containing 0. 635 of an acre( 27,675 square feet) of land, more or
less.

NOTES

Bearing system based on the Texas Coordinate System of 1983, North Central Zone( 4202), North American Datum of 1983.

TEMPORARY CONSTRUCTION
EASEMENT
1,
C' CITY OF McKINNEY
f- r y"
MEREDITH HART SURVEY, ABSTRACT NO. 371
k COLLiN COUNTY, TEAS
w GUNA WAN
YlVIA tUNlU1N

Kimley)))H
T- rf) Ctrl tact
6461
L.AND SURVEYOR NO. 8481
GENESIS COURT, SUITE 200 { y OF rS0* 575013- n"- CW4SWI*
200rlRMA1058 BY2 F+ No ieii)ies-ns
FRISCO, TEXAS 75034 C
8 2g& 13raWAbY ChockedC 2aSs
PH, 972- 335-3580
sylvlana. gunawan( Mkimlay- norn.com NIA so I KMA o4avvia
EXHIBIT
OUNAWKN, t,
yL." to"s1a1201014.34 AM rt tl i 1& t3Ft%ri. l Ht SStk rRt}IrTY r K1 t:dlrtyklGk rrf'ARr Tr.1N6Tr{F WL'NTS1TM S4]" OW AND FAC W Ct7F,'MCI I RE
TCE OWG

v
CALLED 2.646 ACRES
u( NJV INVESTORS, LLC
ktritt'H INST. NO.
I
O. P, R, C, C.T. P, O. g.
Irz tA if2' lRR
o ltto

flRAPH IC 6CALE IN FEET

LEGEND

PA,S,= POINT OF BEGINNING


HMW= WOOD HIGHWAY MONUMENT
IRFC= IRON ROD FOUND W1 CAP
L, R. C. C, T,- LAND RECORDS OF COLLIN
20150130 0 1094204,
N69' 08' 24" W

42.

I
I

I
COUNTY, TEXAS
O. P. R.C. C. T.= OFFICIAL PUBLIC RECORDS I
NY NORTH COLLIN WATER
OF COLLIN COUNTY, TEXAS
SUPPLY WATER UNE .,
EASEMENT
VOL. 760, PG. 553
NOTES
L, R. C. C. T,
I ou CALLED 84. 231 ACRES
based on the Texas d.
Bearing system
PAUL H. POGUE
Coordinate 1983, North
System of TEMPORARY VOL. 5428, PG, 7262
Central Zone( 4202), North American
CONSTRUCTION C Zi4 R g d L. R. C. C. T.
Datum of 1983.
EASEMENT
0 "a
0. 635 ACRE
27, 675 SQ. FT.) W _.
I

CALLED 43. 418 ACRES aN a o


M
ARCH RESORTS, LLC N

INST, NO, 20140910000982880 t,()


O. P. R. C. C, T,
r5j
g o sK
c

z 1LL
OJ
NORTH COLLIN WATER
SUPPLY CDRPORATION
EASEMENT
VOLUME 780, PAGE 547& 555
L. R. C. C. T,
TRACT TWO M

EASEMENT TRACT
VOLUME 5138, PAGE 7352
VOLUME 5138, PAGE 7371 N89" 13'# 3" W I N
L. RC, C, T 47. 52'
I

TRACT 1- C NORTH COLLIN 1. 97


CALLED 16. 857 ACRES SUPPLY CORPORATION WATER HM
CALLED 100. 337 ACRES
CEN TT AL& 543, LLC
TOM B, WILSON, SR. EASEMENT
INST. ND, 20150825001222230
VOL, 935, PG. 598 VOLUME 781, PAGE 119
I O. P, R.C. C, T.
L. R. C. C. T, L. R. C. C. T,

TEMPORARY CONSTRUCTION
jt1 OF EASEMENT
CITY OF McKINNEY
MEREDITH HART SURVEY, ABSTRACT NO 371
COLLIN COUNTY, TEXAS

SYLVI CUNAWAN
SYLVIANA GUNAV' AN

Kirn12b0 y)))Horn
REGISTERED PROFESSIONAL
o 6469 ,
LAND SURVEYOR N0. 8481 q
5750 GENESIS COURT, SUITE 200 p J,
CM xasCowl
aup. N5. t872? 3363900
r 75034 F11W i': 01 x3971 F& No
Ftx S871) J35; 777d
FRISCO, TEXAS 75034 FAuo.
Fd Taxan
T.

PH. 672- 335- 3580 U R


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1,. tfhiAWfNi; ar3+s xarza o 9 14 awt
Ylv Srrzr SAt?k3it x pbd751 7`a I:rildllTY PALL ., G':FrARnr rl>.
Exhibit I

NJV Property Interests Drainage Easement)

SETTLEMENT AGREEMENT PAGE 22 OF 21

1
AFTER RECORDING, RETURN TO.

Sandy Hart
CITY OF McKINNEY
P. O. Box 517
McKinney, Texas 75070

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL


PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER' S LICENSE NUMBER

DRAINAGE EASEMENT( with Three- Year Temporary Construction Easement(

STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS.
COUNTY OF COLLIN

That NJV INVESTORS, LLC (" Grantor"), for and in consideration of the sum of

SEVENTEEN THOUSAND, THREE HUNDRED, THIRTY SIX and 00/ 100 DOLLARS

17, 636), and other good and valuable consideration to Grantor in hand paid by the CITY OF

McKINNEY, a Texas municipal corporation(" Grantee"), the receipt and sufficiency of which are

hereby acknowledged, does hereby GIVE, GRANT, and CONVEY unto Grantee a non- exclusive
easement(" Easement") and right to construct, reconstruct and perpetually maintain storm drainage

and positive overflow facilities together with all necessary appurtenances thereto ( the " Drainage

Facilities") in, on, under, over and across the approximately. 334 acres of land described by metes

and bounds and graphically portrayed in Exhibit A attached hereto ( the " Drainage Easement

Property").

Drainage Easement NJV


4/ 27/ 2017
pie I of I

EEX;Hlis-If

1
Granton further hereby grants to Grantee a temporary construction easement( not to exceed

three years) in approximately , 530 acres of land described by metes and bounds and graphically
portrayed in Exhibit B attachedhereto, with rights of ingress and egress for the construction of the

Drainage Facilities, with such temporary construction easement to terminate upon the three-year

anniversary of the date that this instrument is executed and filed in the Real Property Records of
Collin County, Texas.

Improvements which are compatible with the use of the Easement and the Drainage Facilities

may be approved by the Grantee and placed on the Drainage Easement Property.
The Grantee herein, its successors and assigns, shall have, and it hereby granted, the right

of ingress and egress over that portion of the servient estate as is reasonably necessary to and for the

limited purpose of accessing the Drainage Easement Property herein granted,


There are no liens, attachments, or other encumbrances which will affect the title or right of

the Grantor to convey this Easement to the Grantee for the purposes as described herein. If such
condition does exist, a signature with acknowledgment shall be included and made a part of this

document conveying the rights and privileges contained herein, and subordinating any such lien or
encumbrance to the Easement granted herein,

TO HAVE AND TO HOLD the Drainage Easement Property unto the Grantee for the

purposes herein set forth, Grantor hereby binds itself and Grantor' s heirs, executors, administrators,

successors and assigns to warrant and forever defend the Easement and rights granted herein unto

Grantee, its successors and assigns, against every person whomsoever lawfully claiming or

attempting to claim the same or any part thereof.

Drainage Easement- NJV


4127/ 2017
Page 2 of 3

11V
WITNESS THE GRANTOR' S HAND this ID 4ay of_ D 4q
2017.

NJV INVESTORS, LLC,


a Texas limited liability company

Dy
Subbarayan Venkatesan, Manager

By:
Nandhini J.Venkatesan, Manager

S' L' ATE OF TEXAS

COUNTY OF G O` 1 Y)

This instrument was acknowledged on this the day of _ C\_


2017, by SUBBARAYAN VENKATESAN on behalf of NJVINVESTORS, LLC.

RyP
C.
O"
c JAYSHREE S PATEL
124703794
Commission# Notary Public, State of Texas
My Commission Expires
December 22, 2019

STATE OF TEXAS

COUNTY OF G O Y)

G
This instrument was acknowledged on this the day of

2017, by NANDMINI J. VENKA7'ESANon behalf of NJV INVESTORS, LLC.

JAYSHREE S PATEL Notary Public, Stag of Texas


Commission # 124703 794
My Commission Expires
December 22, 2019

Drainage Easement NV
4127/ 2017
Page 3 of 3
LEGAL DESCRIPTION
0. 334 of an Acre

BEING a tract of land situated In the Meredith Hart Survey, Abstract No, 371, Collin County, Texas, and being a portion of a
tailed 2. 646 acre tract of land described In a Warranty Deed with Vendor's Lien to NJV Investors, LLC, recorded in Instrument
No. 20160130000109420 of the Officla' Public Records of Collin County, Texas, and being more particularly described as
follows:

BEGINNING at a 112 Inch iron rod found for the southeast corner of said 2,646 acre tract, common to the southerly northeast
corner of a called 43. 416 acre tract of land described in a deed to ARCH Resorts, LLC, as recorded in Instrument No.
20140910000982880 of the Official Public Records of Collin County, Texas, being on the westerly right-of-way line of FM 543
Weston Road), a variable width right-of-way as dedicated by Volume 516, Page 47, 540, 647, 553, 555, and 563 of the Deed
Records of Collin County, Texas, and conveyed to City of McKinney In a Transfer of Right- of-Way as recorded In instrument No.
20140217000146290 of the Official Public Records of Collin County, Texas;

THENCE North 89` 08' 24" West, departing the westerly right-of-way line of said FM 643, along the southerly tine of said 2. 646
acre tract and the northerly line of said 43.416 acre tract, a distance of 25,00 feet to a point for corner, from which a 1/ 2 Inch iron
rod found for the southwest corner of said 2. 646 acre tract bears North 8908' 24" West, 201. 04 feet;

THENCE departing the southerly line of said 2. 646 acre tract and the northerly line of said 43, 146 acre tract, and crossing said
2. 646 acre tract, the following courses:

North 0048' 30" East, being 25 feet west of and parallel with the easterly tine of said 2. 646 acre tract, a distance of 445. 43
feet to a point for corner;

North 89 13' 30" West, a distance of 31. 56 feet to a point for corner;

North 0046' 30" East, being 55.56 feet west of and parallel with the easterly line of sald 2. 646 acre tract, a distance of
58. 00. feet to a point for corner;

South 89" 13' 30" East, a distance of 31. 56 feet to a point for corner;

North 0046' 30" East, being 25 feet west of and parallel with the easterly line of said 2.646 acre tract, a distance of 5. 12
feet to a point for comer on the northerly line of said 2.645 acre tract and the southerly'line of a called 1. 6974 acre tract of
land described in a deed to William R. Crump as recorded in Volume 4869, Page 727 of the Land Records of Collin
County, Texas, from which a 112 Inch Iron rod found for the northwest comer of said 2.646 acre tract bears North 89 01' 06"
West, 200. 83 feet; '

THENCE South 89 01' 06" East, along the northerly line of said 2. 646 acre tract and the southerly line of said 1. 5974 acre tract,
a distance of 25, 00 feet to a point for the northeast corner of said 2. 646 acre tract, common to the southeast comer of said
1. 6974 acre tract;

THENCE South 00` 46' 30" West, along the westerly right- of-way line of said FM 543 and the easterly line of said 2. 646 acre
tract, a distance of 508. 50 feet to the POINT OF BEGINNING and containing 0.334 of an acre( 14, 544 square feet) of land,
more or less.

NOTES
gearing system based on the Texas Coordinate System of 1983, North Central Zone( 4202), North American Datum of 1963.

t10
of DRAINAGE EASEMENT
CITY OF McKINNEY
MEREDITH HART SURVEY, ABSTRACT NO. 371
1
I COLLIN COUNTY, TEXAS

s t C{ Pd GUNAWA SYLVIANA GUNAWAN

Kimleykv Horn
REGI ' if_
rtVEYRC1NO,
LAND SURVEYOR NO, 6481
41
5760 GENESIS COURT, SUITE 200 Y" t Q
f $ ISM o. n. w Cwrt Sulu 200 Tet. No.( e12) 336. 3580
FRISCO, TEXAS 75034 a
fd"*, Tatra. 75034 FIRM r 10 113U2 F.. No.( 9721335-3778

PH, 972- 335- 3580 i DrivnbvihJt R4SR


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EXHIBIT

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6760 Genesis Caul. 8u6e 200. Td. Ne Wn) 33S8b90
Fdsco. 7sxes 76W4 FIRM 019108022 fax No,( 072) 3354719

dp Scsie ", Ow,, PcisclNo.

1- 100' w 2OF2

43UWAWM4. SYLV" A; s''3l1WIG a 3.1 AMKV IV N<t) NVf YY.k9O1TRIM41"3' mi.I$! l'W'S16FPARATE.IN6TR 13P+dIFM7`87t'^AM& 1;13iOWAN0 fE A6r,WlrVINIV WV IIi TOa4 li C,V4,k"f} V8wAtA
NT.VMAZ
LEGAL DESCRIPTION
0. 530 of an Acre

BEING a tract of land situated in the Meredith Hart Survey, Abstract No, 371, Collin County, Texas, and being a portion of a
called 2. 646 acre tract of land described In a Warranty Deed with Vendor' s Llan to NJV investors, LLC, recorded in Instrument
No. 2015013000C109420 of the Official Public Records of Collin County, Texas, and being more particularly described as
follows:

BEGINNING at a 112 inch iron rod found for the southeast corner of said 2. 646 acre tract, common to the southerly northeast
corner of a called 43. 416 acre tract of land described in a deed to ARCH Resorts, LLC, as recorded in Instrument No.
20140910000982880 of the Official Public Records of Collin County, Texas, being on the westerly right-of-way line of FM 543
Weston Road), a variable width right-of-way as dedicated by Volume 516, Page 47, 540, 547, 553, 555, and 563 of the Deed
Records of Collin County, Texas, and conveyed to City of McKinney In a Transfer of Right-of-Way as recorded In instrument No.
20140217000146290 of the Official Public Records of Collin County, Texas;

THENCE North 89 08' 24" West, departing the westerly right- of-way line of said FM 643, along the southerly line of said 2, 646
acre tract and the northerly line of said 43. 416 acre tract, a distance of 42, 84 feet to a point for comer, from which a 112 Inch iron
rod found for the southwest corner of said 2. 646 acre tract bears North 8908' 24" West, 183. 21 feet;

THENCE departing the southerly line of said 2, 646 acre tract and the northerly One of said 43. 146 acre tract, and crossing said
2. 546 acre tract, the following courses:

North 01' 12' 34" East, a distance of 61. 41 feet to a point for corner;

South 88 47'24" East, a distance of 11. 97 feet to a point for comer,

North 02 46' 07" West, a distance of 360. 97 feet to a point for corner;

North 23 11' 03" West, a distance of 38. 34 feet to a point for corner;

North 01" 12' 34" East, a distance of 32. 53 feet to a point for comer;

North 34" 27' 16" East, a distance of 23.39 feet to a point for comer on the northerly line of said 2.646 acre tract and the
southerly line of a called 1. 6974 acre tract of land described in a deed to William R. Crump as recorded In Volume 4869,
Page 727 of the Land Records of Collin County, Texas;

THENCE South 89" 01' 05" East, along the northerly line of said 2.646 acre tract and the southerly Ane of said 1. 6974 acre tract,
a distance of 54. 96 feet to a point for the northeast comer of said 2. 646 acre tract, common to the southeast comer of said
1. 6974 acre tract, being on the westerly right- of-way line of aforesaid FM 543;

THENCE South 00 46'30" West, along the westerly right-of--way line of said FM 543 and the easterly line of said 2. 646 acre
tract, a distance of 508. 50 feet to the POiNT OF BEGINNING and containing 0. 530 of an acre( 23, 087 square feet) of land,
more or less.

NOTES
Bearing system based on the Texas Coordinate System of 1983, North Central Zone( 4202), North American Datum of 1963.

TEMPORARY CONSTRUCTION
EASEMENT
CITY OF McKINNEY
MEREDITH HART SURVEY, ABSTRACT NO. 371
s
COLLIN COUNTY, TEXAS
i ''
S IVIn ',
tJf4AVVTA
SYLV
B461Kimley* Horn
PROVE 3,t IONAII
LAND SURVEYOR NO. 6461
PE S VI
5750 GENESIS COURT, SUiTE 200
r rt
m, sWlesoc Tel, No.[ e72) aa5-ssao
hRiSCQ, TEXAS 75034 FdI=,. Toru
Fduo, WA1 76030 FIRM(' 10187822 Falx Na 1877179SS778

PH. 972- 335- 3580 y S U IAV d,.' '" C f,nec


21111.1
syivlane. gunawen@kimley- horn com gar MA sc KHA 046202015

EXHIBIT
kaNASVAN ; v1VatN9A s3sI'1 its f,, a57to K47I tW,VCf3,4ttxxsva-`ffGLlTYI' Ait"ak11V* WTf' 7r'rtrRi.MNrSTM Al11WJANIS I ASkh'. N ' NWVd iFME'41i
C0N3jRl ICTICN FASFMFNr.f1WG

1
CALLED 1. 6974 ACRES
i
WILLIAM R, CRUMP
VOL. 4889, PG. 727
L. R. C. C. T. I. U

tf2" IRFO"
NaS' 01' GB W ( 7007' P
XNr: OYtYOI9ao0
N34' 2ruri
23, 38'
112' IRFC-,
t TX REG 100109001
N1' 1234" E k
32. 53'
0. 23 ACRE STATE OF TEXAS
N23' 11'03' 1fY EASEMENT FOR THE PURPOSE
38. 34,
OF OPENING, CONSTRUCTING
26' X 26' SOUTHWESTERN AND MAINTAINING A
9ELLTELEFHONECOMPANY fi
Ig PERMANENT CHANNEL
VOL518, PG, 661, O. R.C,C,T.
EASEMENT
HNtw u+
VOLUME 4882, PAGE 3201
L. R. C. C. T I
IV NORTH COLUN WATER
SUPPLY WATER
EASEMENT

I..; VOL. 780, PG 647; 651, 66S 8 F

p Lj s66. L. R C C.T. rQ

VEX'
TEMPORARY l2' SUR
o
o Na
Q
CONSTRUCTION
Z 3 o hII REQ t
CT KO. 311
EASEMENT : Q ti g I' ARS-r
0.530 ACRE y,,
z
23, 087 SQ. F T
.) X 8

I IRI im IRF a CALLED 84. 231 ACRES


DENT) N OVIX W 0.9' ,, ,` n PAUL H. POGUE

I CALLED 2. 848 ACRES Gra


VOL. 5428, PG, 7202
i; N:z
0 iL.
R. C. C. T.
NJV INVESTORS. LLC
o JZ
P'
20150' 304009420)
O. P. R. C. C.T.
LL M
LEGEND
11. 97

N1' 12' 34' E I P. O.B.= POINT OF BEGINNING


P. O. C,= POINT OF COMMENCING
t
1 1+ 2" 1RF 81, 41' P, O. B.
V2ARF
IRF
2' R
HMW WOOD HIGHWAY MONUMENT
Nee oe'a4" w f 83 21' a "
IRFC= IRON ROD FOUND Wf CAP
J L. R.C. C.T = LAND RECORDB OF COLLIN COUNTY,
TEXAS
O.P. R.C. C. T.= OFFICIAL PUBLIC RECORDS OF
COLLIN COUNTY, TEXAS

f
CALLED 43. 416 ACRES NOTES
ARCH RESORTS, LLC
INST. NO, 20140910000MMO
NpTtyM Bearing system based on the Texas Coordinate
O. P. R.C. C.T. System of 1983, North Central Zone ( 4202), North
American Datum of 1883.
o sD toa
1 I
TEMPORARY CONSTRUCTION
GRAPHIC SCALE IN MET
EASEMENT
CiT1' OF Mt; KINNEY
MEREDITH HART SURVEY, ABSTRACT NO. 371
COLLIN COUNTY, TEXAS

YAGUNAWAN
SYLVIANA GUNAWAN
RECiiSTERED PROFE kt) NAi
LAND SURVEYOR NO. 6461
5750 GENESIS COURT, SUITE 200 y`
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1
6461

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GUN.
CONSTRUCTION EASEMENT DWG

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