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Home My WebLink About12 Trails and Transportation.. Sprinkl e Co n sulting : Bi cycl e Areawid e M as t er Plans and R elated Projects Our Transportation Solutions Move People. Planners Bicycle Areawide Master Plans and Related Projects State DOTs , MPOs , COGs , cities an d counties share a com mon apprecia ti on fo r how bi cy cl e and pedestria n tra ils and greenways co ntribu te to the developm en t of a thoroug hl y livable an d su stain ab le comm unity . Yet each age ncy and community needs a maste r pl an created to se rv e the ir uni que needs. Thi s framewo rk defines goa ls th at are lofty , yet attai nabl e ; objecti ves th at are meas urable ; and strate gies tha t ca n be effective ly implemen ted . Since the early 1990s, Sprin kle Cons ul ting has helped develop action pla ns that estab lis h a blu eprint fo r progress , and pro vide co mmu ni ties and imp le ment ing age ncies of all sizes w ith effecti ve tools to achi eve su cce ss. Th ese resou rces help th em transform th eir exi st ing roa d network into a balan ce d tra nsportation system . We lead wi th state-of-the-art : • Community and Neighborhood Outreach • Community Visioning • Goals and Objectives Setting • Existing Conditions Evaluations • Trends Analysis • Public and Community Leadership Response • Action Plan Development • Progress Tracking • Facilities Planning, Design and Construction • Staff and Advocacy Training Projects • Baltimore Metropol itan Area Bicycling Conditions and Demand Analysis • Orlando MetroP lan LRTP Update (Bicycle and Pedestrian Components) • Long Range Transportation Plan -Gainesville FL • The Philadelphia Bicycle Plan • PA • Arizona DOT Statewide Accommodati on of Bicycle and Pedestrian Fac1l1t1es • Metropolitan Washington DC Area Regional Activity Centers Circulation Systems (TCSP project) • Maryland Safe Routes to School Program • CBD Bicycle and Pedestrian Circulation and Parking Study -Anchorage AK http ://www .sprinkl econsulting .com/t s _bi cycl e_ m as t er ___p l an s .html P age 1 ot3 4/17/2008 Sprinkle Consulting: Bicycle Areawide Master Plans and Related Projects Page 2of3 • City of Rockv ille MD Bicycle and Pedestrian Planning and Design Services • Characteristics of Emerging Road and Trail Use rs and Thei r Safely • Gainesville-Alac h ua County Bi cy c le Master Plan • Birmingh am Area (AL) B icyc l e, Ped estria n an d Greenway Pl an • Bicy cle Pe destria n Regional Mas ter Pla n -Ocala-Mari o n County FL • JUATS 2025 LRPT Update (Bicycle and Pedestrian Component) -Jacksonville, Florida • Bicycle Route Network Suitability Study, San Antonio-Bexar County MPO, Texas • Multi-Modal LOS Standards & Guidelines, Florida DOT • Anne Arunde l County MD Pedestrian and Bicycle Maste r Plan • Buffalo NY Regional Bikeways Implementation Plan • Bicycle Trave l Origin-Destination Survey -Las Vegas NV • Maryland Statewide Bicycle and Pedestrian Master Plan • Pennsylvania Statewide Greenways Plan • Ft. Walton Beach Bicycle and Pedestrian Plan. Florida • District of Columbia Bicycle Master Plan • Central Pinellas Multi-Modal QOS • Indian River County MPO Bicycle and Pedestrian Plan, Florida • Baltimore Region Bicycle, Pedestrian and Greenways Transportation Plan • St. Lucie MPO Bicycle and Pedestrian Plan, Florida • Bicycle Facilities Selection and Sidepalh Warrant Guidelines, Florida DOT • Evaluation of Safely, Design and Operation of Shared Use Paths. FHWA • St. Petersburg CityTrails™ Bicycle and Pedestrian Plan • Houston-Galveston Area Bicycle Study • DelDOT Statewide Bicycle & Pedestrian Planning, State of Delaware • Comprehensive Bicycle Plan -Hillsborough County FL MPO • Chicago Regional Bicycle and Pedestrian Plan • Bicycle Transportation Master Plan -Town of Jupiter FL • Statewide Bike Plan. Hawaii • Transportation and Community and System Pilot Preservation Program . Gainesville , Florida • Northern Virginia Regional Bikeway and Trail System Study, VDOT • National Highway Institute Bicycle Facilities Design Course • FHWA Hazard Index for Assessing Pedestrian and Bicyclist Safely at Intersections • FHWA University Curriculum: Design of Bicycle and Pedestrian Facilities • FHWA Rails-With-Trails Best Pract ices Report • Southern Maryland Regional Trail and Bikeway Study • Bicycle Level of Service Model Development • Loudoun County VA Bike Ped Mobility Master Plan • NJDOT Design Manuals . New Jersey • Sarasota Downtown Mobility Study • Rockville Bikeways Master Plan Update MD • Bicycle and Pedestrian LOS Training Seminars -Nationwide • 1-270 Bicycle and Pedestrian Bridge -Metropolitan Washington DC • Bayway Bridge Integrated Pathway Design -FOOT District 7 • South Lakefront Access Study -City of Chicago DOT • Collier County Pathways Master Plan • Facility LOS for the Bicycle Mode • Intersection LOS for the Bicycle • Jacksonville Regional Greenways Master Plan • Lake Forest US 41 Bike/Ped Overpass Warrant Study IL • Areawide Bicycle and Walking Conditions Evaluation -Lexington Fayette Urban County Government KY • NCHRP 3-70 Multi-modal LOS Analysis for Urban Arterials • New Zealand Cycle for Science http://www.sprinkleconsulting.com/ts _bicycle_ master_plans.html 4117/2008 Sprinkle Consulting: Bicycle Areawide Master Plans and Related Projects Page 3of3 • • Non-motorized Mode Shift and Induced Recreational Travel Demand Models at the Corridor Level • Safer Transportation Network Planning -ICBC British Columbia • US 441 I Paynes Prairie Bicycle Corridor Safety Study • Bicycle Travel Demand Modeling -Rockland, Putnam and Westchester NY • Rockville Millennium Trail Design and Signage Plans MD http ://www.sprinkleconsulting.corn/ts _bicycle_ master _plans.html 4/17 /2008 Greenways Inc Page 1of1 , ,, f 'J8- REENWAYS INC.h CURRE:\T PROJECTS > \IAl.'I TllE CAPE FEAR HISTORIC BYWAY CARRBORO BICYCLE TRA'ISPORlXllON PLA 'II OA\'IDSO'll NATlRAL ASSF:TS 11\\'F.NTORY GREEl\VILLE COll\TY GREENWAY PLAN .IACKSOl\\'11 .LE BICYCLE A 'IU PEDESTRIAN PIA' RALEIGll l\ICYCLE Tl~\ 'llSPORI ATION PLA 'I Cl n OF RAl.EIGll CO\IPREllE:'\Sl\'E PLAN Tiff: ROCKY RIVER GRHl\W\Y 110~1 [ \\110 W•; ARE WJIAT WE l)(J PROJEL'IS Rf;~Ol l RCES T he City of Raleigh Bicycle Transportatio n P lan Cli c k he re fo r Ra le ig h's Bike Pl an Co mment Form . Project Description > The City of Ra lei g h received fun ding fro m th e North C arolin a De partme nt o f Trans portation (NCDOT)'s Bicycle and Ped estria n Pl anning Grant lnitiari ve to deve lo p a Bicycle Pla n . G ree nw ays Jnco rp orated is leading a Cons ulting T ea m to co nduc t exte ns ive fi e ldwork. ~valua tin g the c urrent bicycling conditi o ns and creating a Bi cyc le Level o f Service (BLOS) fo r Ral e ig h roadways. T he goa l o f the in ventory a nd a na lys is w ill be to identify gaps in the bi cycle network a nd oppo11u ni ti es fo r bicycle fa c ility deve lopmen t. G rccnways In corporated will lead an o pen. partici pa tory process with reside nts o f Rale ig h through public worksho ps and an onlim: comment fonn . We will generate re~om m e nda t i ons based o n our evaluation and City s taff a nd pub li c input. These rcco1nmend a ti o ns w ill improve connec ti vity and c reate a network of bi cycle rou tes. W e wi ll d evelop a pri oritization o f faci lities fo r impleme nta ti on to g uide the City o f Ra le ig h. We w ill address programming. o perat ions. mainte nance. a nd funding iss ues as wel l. Our project work w ill be comp leted by the end of 2008. For mo re infonnation about Gree mvays Inc o rp oratcd's ro le in thi s project please cont act C huc k Flink. FASLA or Matt Haves . A ICP. 5850 Fa yetteville Road. Suite ::!11 Duiirnm. North Carolina :: (p) 919.484.844 8 (0 9 19.4 84.J003 : .,. ::!007 Greenways Incorporated http ://greenways.com/raleighbike.html 4/22 /2008 0 z 'I .) ) .,,.-... 1lr ~ah .. A'*' .J{Ol(.A:'Y. ~ .... ::JT .. fb ~ vR(.[_r.,\.A,Y cc ro .. 1 .·.~v:JrW.1.5 PNl>(U; C(~t l~r<E.Jt,OP I QtEC'.•.N.t." 9"' or..: 5P£0A&. P A Gree n s Proirie Rood Ea Spring Creek Corporate Campus ~ College Statio11, Texa · Juh-]()()_ . ; -- -.,,, __ . . ...... _. P4 • .C.9l.A..DV'·t..o 5£1 "-=" fl\8..1(;, U1fUTt A.hQ AIX:CSS £,\S[M[ ~ -1YP t ~tl.V t~l. D& 1 i~. "'f.Jb"'fr-u -, ,.,. r • f;, T ~ . .l I t.otll.1 ,.., .... I • • File Name Annexation Commercial_ Zoning comp_landuse03-03_ 11x17 comp _landuse03-03 _24x36 comp_plan_landuse Comp_plan_landuse01 -01-03 Comp_plan_landuse02-03 HOA HOA Planning Template ROW02 thoroughfare plan _ current24x36 thoroughfare _plan thoroughfare _plan _ current thoroughfare_plan01-01-03 thoroughfare _plan02-03 Vacant Commecial Vacant Lots Zoning03-03 Zoning12-02 Parcel Zoning 03-03 Description Annexation Ord. Map Commercial Zoning Map Comprehensive Land Use Comprehensive Land Use Comprehensive Land Use Comprehensive Land Use Comprehensive Land Use Home Owners Association Home Owners Association All Files LU Map Template City ROW throroughfare Plan Map thoroughfare plan throroughfare Plan Map Throroughfare Plan Throroughfare Plan Vacant Commecial Property Based on Apprasial District Data Vacant Property Based on Apprasial District Data Zoning Zoning Parcel w/zoning Updated ILocation 3/13/2003 O:\MAPS_DS\GIS Projects & Layers O :\MAPS_DS\GIS Projects & Layers 3/6/2003 O :\MAPS_DS\GIS Projects & Layers 3/3/2003 O :\MAPS _DS\GIS Projects & Layers 3/6/2003 O :\MAPS_DS\GIS Projects & Layers\comp rehensive plan\Current Plans 2/27/2003 O :\MAPS_DS\GIS Projects & Laye rs\comp rehensive plan\Arch ived Plans 3/3/2003 O :\MAPS_DS\GIS Projects & Layers\comprehensive pl a n\Archived Plans 3/20/2003 O :\MAPS_DS\GIS Projects & Layers N/A O :\MAPS DS\Svens\hoa 9/12/2003 O :\MAPS_DS\GIS Projects & Layers 3/3/2003 G :\DEPT _PROJECTS\dev_services\Dev . Services Files 3/12/2003 O :\MAPS _DS\GIS Projects & Layers\comprehensive plan\Current Plans 3/4/2003 O :\MAPS _DS\GIS Projects & Layers\comprehensive plan\Current Plans 3/11/2003 O:\MAPS_DS\GIS Projects & Layers\comprehensive plan\Current Plans 2/27/2003 O :\MAPS _DS\GIS Projects & Layers\comprehensive plan\Archived Plans 2/27/2003 O :\MAPS _DS\GIS Projects & Layers\comprehensive plan\Archived Plans 4/30/2002 O :\MAPS _DS \GIS Projects & Layers 6/13/2002 O :\MAPS_DS \GIS Projects & Layers 3/18/2003 O :\MAPS_DS\GIS Projects & Layers\Zon ing 12/13/2003 O :\MAPS_DS\GIS Projects & Layers\Zon ing 3/28/2003 O :\MAPS _DS\Svens\Department_Projects \LRP\ChrisB\ZoningParcels I Type mxd mxd mxd mxd shp/lyr shp/ly r shp/lyr mxd shp mxd shp mxd shp/lyr mxd shp/lyr shp/lyr mxd mxd shp shp shp lJ.MJlCATlUN lJEElJ -... DATE: 13.L b ll(J,lr_dff, 2/212 1 GRANTOR: REAL ALCHEMY I, L.P. GRANTOR'S MAILING ADDRESS: (including county) 4504 Winewood Court Tarrant County Colleyville, Texas 76034 GRANTEE: CITY OF COLLEGE STATION, TEXAS GRANTEE'S MAILING ADDRESS: (including county) CONSIDERATION: Dedication PROPERTY: 1101 Texas Avenue Brazos County College Station, Texas 77840 Being all that certain tract or parcel of land lying and being situated in the MORGAN RECTOR LEAGUE, Abstract No. 46 in College Station, Brazos County, Texas, and being a portion of Lots 3, 4 and 5, Block 1, of WOODSTOCK SECTION I recorded in Volume 436, Page 481 of the Brazos County Deed Records (B.C.D.R.), same being part of the called 6.80 acre tract conveyed to Real Alchemy I, L.P. by Real Alchemy, L.C., recorded in Volume 1844, Page 322 of the Official Records of Brazos County (O.R.B.C.), and being more particularly described by metes and bounds in the attached Exhibit "A". RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: 1. Easement as shown of record on plat of Woodstock, Section 1, recorded in Volume 436, page 481, Deed Records of Brazos County, Texas. 2. Easement from Sam Richardson et al to City of Bryan, dated April 14, 1937, recorded in Volume 98, page 214, Deed Records of Brazos County, Texas. 3. Mineral reservation in Deed from Metro Properties, Inc., to Sypcon _Construction Corporation, dated September 28, 1979, recorded in Volume 435, page 692, Deed Records of Brazos County, Texas. 4. Mineral Deed from Metro Properties, Inc., to The Seaford Group, Inc., dated December 6, 1990, recorded in Volume 1226, page 346, Official Records of Brazos County , Texas. O:group;legal/projectslwpc upper trails/real alchemy/dedication deed.doc CAR:js 02 128105 easement over and across Property as depicted on Exhibit B attached hereto and by this reference incorporated herein, and may, at its option, construct sidewalks, bridge and related improvements incidental or necessary to access GRANTOR'S reserved tract or parcel located adjacent to the south side of Property; provided, however, that such improvements do not interfere with GRANTEE'S use of Property. GRANTOR waives all rights with respect to the surface and no owner of the mineral estate shall ever have rights of ingress or egress except as may have been reserved by GRANTOR under the reservations and exceptions expressly listed in this deed or its predecessors in title. GRANTOR, for the considerat ion and subject to the reservations from and exceptions to conveyance and warranty, GIVES and DEDICATES to GRANTEE the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and hold it to GRANTEE and GRANTEE's successors and assigns forever so long as GRANTEE approves Tax Increment Financing funding in the total amount of $1,200,000.00 for water features to be placed in the Wolf Pen Creek District Tax Increment Reinvestment Zone Number One . If GRANTEE fails to approve said funding on or before May 1, 2005, the property shall automatically revert to GRANTOR free and clear of any and all liens and encumbrances. GRANTOR binds GRANTOR and GRANTOR's successors and assigns, to warrant and forever defend all and singular the property to GRANTEE and GRANTEE's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the reservations from and exceptions to conveyance and warranty but only when the claim is by, through or under GRANTOR and not otherwise. When the context requires, singular nouns and pronouns include the plural. THE STATE OF TEXAS ) --) COUNTY OF I ~f'CU\ f-) REAL ALCHEMY I, L.P. a Texas Limited Partnership BY : Energy Alchemy, Inc. Its General Partner Paul Guernsey Vice President ACKNOWLEDGMENT This instrument was acknowledged before me on this thec;)t-h-day of ~r7{ , 2005, by ~~ ~~~ , as I/tu.... ~e.i..~ of nergy Alchemy, Inc., the general pa~of REAL ALCHEMY I, L.P., a Texas limited partnership, on behalf of said partnership. -2 - O :group ;legallprojec1sl wpc upper trails/real alchemyl dedica1ion deed.doc CAR .j s 02128105 Legal Department P. 0 . Box 9960 College Station, Texas 77842-9960 - 3 - O:g roup ;legal/p rojectslwpc upp er trails/real alchemy /de dicatio n deed.doc CAR .js 02128105 Legal D~p~rt;;;e~t ----- P. 0 . Box 9960 College Station, Texas 77842-9960 ~ ...... '-'.uuu .. n'-'· cu a .tvu.iJu .. ,""-"J'-'11 uvu u.uu.llJ..lJ~ LUI:' w1;;:sL ~urucr u1 ::xuu o.ou acre uacr, rne soutn corner of Lot 2, Block One of said WOODSTOCK., SECTION ONE and being in the northeast line of a 6.461 acre WolfPen Creek Dedication Area according to the plat of WEST WOLF PEN CREEK Subdivision recorded in Volume 3378, Page 3 (O.R.B.C.); from whence a 112-inch iron rod marking the west comer of Lot 1, Block One of said WOODSTOCK., SECTION ONE bears N 46" 08' 14" W (Plat call N 44• 55' 05" W -400.02~ at a distance of 400.05 feet for reference; THENCE: N 44· 33' 29" E (called - N 45· 44' 49 11 E-228.74') along the southeast line of said Lot 2, Block One for a distance of228.82 feet to a found 1/2-inch iron rod marking the northwest corner of the said 6.80 acre tract and the west corner of Wood Brook Condo Association 6.18 acre tract descnbed in Volume 578, Page 1 (B.C.D.R.); THENCE: S 45· 27' 44" E (called -S 44• 15' l l 11 E -320.00') along the common line of the said 6.80 and 6.18 acre tracts for a distance of319.89 feet to a found 1/2-inch iron rod for comer; TIIBNCE: into the interior of the said 6.8 acre tract for the following five (5) calls: 1) S 59· 08' 52" E for a distance of 134.82 feet to a 1/2-inch iron rod set for corner; 2) N 71 • 48' 13" E for a distance of 131.55 feet to a 112-inch iron rod set for comer; 3) N 89" 32' 16" E for a distance of 118.43 feet to a 112-inch iron rod set for corner; 4) N 44· 32' 16" E for a distance of77.39 feet to a 1/2-inch iron rod set for comer; 5) S 45 • 27' 44" E for a distance of 155.00 feet to a 112-inch iron rod set in the southeast line of said 6.80 acre tract, said iron rod also being in the northwest line of a called 5.17 acre City of College Station tract as descnbed in Volume 1636, Page 315 (0.R.B.C .); TIIENCE: S 44• 32' 16" W (called -S 45· 44' 49 11 W) along the said southeast line for a distance of 181.59 feet to a 112-inch iron rod set for corner; THENCE: into the interior of the said 6.8 acre tract for the following four (4) calls: 1) N 80° 30' 30" W for a distance of95.46 feet to a 112-inch iron rod set for comer; 2) S 76° 15' 09" W for a distance of 67.04 feet to a 112-inch iron rod set for comer; 3) S 39· 49' 36" W for a distance of 168.56 feet to a 1/2-inch iron rod set for comer; 4) S 89° 33' 17" W for a distance of 99.76 feet to a 112-inch iron rod set for comer, said iron rod being in the northeast line of the W. Barton Munro 12.97 acre tract descnbed in Volume 6187, Page 154 (O.R.B.C.), from whence a found 112-inch iron rod marking the east comer of the said 12.97 acre tract, the southwest comer of a called 5 .17 acre City of College Station tract described in Volume 1636, Page 315 (O.R.B.C.) and being in the northwest right-of-way line of Holleman Drive (based on a 70' width at this location) bears S 46° 08' 13" Eat a distance of264.17 feet; TIIENCE: N 46° 08' 13" W (called -·N 44• 55' 05 11 W) along the southwest line of the 6.80 acre tract and the northeast line of the 12.97 acre tract, at a distance of 414.97 feet pass the north comer of the said 12.97 acre tract and the east comer of the beforementioned 6.461 acre WolfPen Creek Dedication Area, continue for a total distance of 579.89 feet to the POINT OF BEGINNING and containing 4.706 acres (205,003.5 square feet) ofland, more or less. I, Kevin R McClure, Registered Professional Land Surveyor No. 5650 in the State of Texas do certify that this survey substantially complies with the current Texas Society of Professional Surveyors Standards and Specifications for a Category lB, Condition II Survey. EXHIBIT A LINE L1 l2 LJ L4 L5 L6 L7 L9 L10 U 1 LINE TABLE BEARING S 59"06'52" E N 71"46'13" E N 69"32'16" E N #"32"16" E S H'32'16" W N 60'30'30" W s 76' 15'09" w s 39•49•35• w s 69'33'17" w S 46'06'13· E parcel upr 060.dwg DISTANCE 134.62' 131 .55' 116.43 ' 77.39' 220.00' 95.46' 67 .04' 166.56' 99 .76' 264.17' I LEGEND 0 -1/2" Iron Rod Found @ -5/6" Iron Rod Found O -Wood Stoke Set P.U.E. -Public Utility £03ement - - - - -Floodploln par LOMR (7 /10/00) • • • • • • -Floodwoy par LOMR (7 /10/00) - - - - -Floodwoy par LOMR {7 /10/00) + 20' /YcCLl./RE ENG/NEER/NG, /NC• fOOO V'Voodcreek Dr./ve, Su/t'e / / Co//,:;,rri/Q _c:-;,;:3;,;",.. --- ALCHEMY I, L.P., ("Real Alchemy"), a Texas Limited Partnership , whose address is 4504 Winewood Court, Colleyville, Texas 76034, and THE CITY OF COLLEGE STATION ("College Station"), a Texas Home-Rule Municipal Corporation, whose address is 1101 Texas Avenue , College Station , Texas 77840, recites and provides as follows: RECITALS WHEREAS, College Station is the owner of the approximately 5.17 acre tract or parcel ofreal property located in Brazos County, Texas, described on Exhibit A attached hereto and by this reference incorporated herein (the "College Station Property"); and WHEREAS , Real Alchemy is the owner of the approximately 6.8 acre tract or parcel ofreal property located adjacent to the College Station Property in Brazos County, Texas, described on Exhibit B attached hereto and by this reference incorporated herein (the "Real Alchemy Property''); and WHEREAS, College Station is currently constructing a parking facility on the College Station Property (the "College Station Parking Facility'') substantially as depicted on the "College Station Tract" on the drawing attached hereto as Exhibit C and by this reference incorporated herein; and WHEREAS, Real Alchemy intends to develop the Real Alchemy Property or to sell or lease the Real Alchemy Property for development and to thereby construct a parking facility (the "Real Alchemy Parking Facility") on the "Real Alchemy Tract" with a cross access location substantially as depicted in the drawing attached hereto as Exhibit C; and WHEREAS, College Station desires to provide adequate parking facilities and proper pedestrian flow for the benefit of the public utilizing the Wolf Pen Creek Trails System, the Wolf Pen Creek Amphitheater, and other recreational facilities located in the Wolf Pen Creek Corridor; and WHEREAS, Real Alchemy desires to provide adequate parking facilities for the Real Alchemy Property development and proper pedestrian flow between the Real Alchemy Property and the Wolf Pen Creek Trails System; and WHEREAS, College Station and Real Alchemy desire to enter into this Agreement for : (i) College Station to grant to Real Alchemy and its successors in ownership of the Real Alchemy O :\ProjecJs\WPC Upper Trai/s\Real Alchemy\RECIPROCAL ACCESS E1SEMENT AGREEMENT FINAL 02-28-05.doc • , ~ •• , ~ ... ......,i -..._,i '-'i-u...:., ui \;u11::;1ut:rauon or me mutual benetits to b e reali zed b y su ch joint us e, the mutual agreements set forth herein , and other good and valuable consideration , the receipt and sufficiency of which are hereb y ackno w l edged , College Station and Real Alchemy hereb y covenant and agree as follo w s : 1. Real Alchemy does hereby GRANT and CONVEY to College St ation , its successors in ownership, and the tenants, customers, users and invitees of College Station and such successors, a non-exclusive right to use, free of charge , the Real Alchemy Parking Facility, including, but not limited to , all entrances , exits , driv eways , parking spaces , and walkways as depict ed on Exhibit C or as may hereafter b e c onstructed on the Real Alchemy Property . 2 . College Station does hereb y GRANT and CONVEY to R eal Alchemy, its successors in ownership of the Real Alchemy Property, and the tenants , customers and invitees of Real Alchemy and such successors , a non-exclusive right to use , free of charge, the College Station Parking Facility, including, but not limited to , all entrances , exits, dri v eways , parking spaces , and walkways as depicted on Exhibit C or as may hereafter be constructed on the College Station Property. 3. In connection with the grant ofreciprocal access and parking contained herein, and in order to make such reciprocal access and parking effective for the purposes contained herein , the pat.ties further agree as follows : (a) Real Alchemy's right to use the College Station Parking Facility will become effective upon completion of the Real Alchemy Parking Facility; (b) College Station 's right to use the Real Alchemy Parking Facility will become effective upon completion of the College Station Parking Facility; (c) College Station shall complete construction of the College Station Parking Facili ty no later than three (3) years from the effective date o(this Agreement. (d) College Station shall, in conjunction with the construction of the College Station Parking Facility, construct two (2) walkways leading from the Wolf Pen Creek Upper Trails System to the Real Alchemy Property line, said walkways to be located substantially as depicted on the City of College Station Tract in Exhibit C ; (e) College Station shall , in conjunction with the construction of the College Station Parking Facility, construct no more than seventeen. (17) parking spaces , said O:\Projects \WP C Upper Trai /s\Rea l Alche111y \REC/PR OCAL ACCESS E1l,SEMENT A GREEMENT FINAL 02 -28-05.doc (g) Neither party shall, during the term of this Agreement, erect or construct, or cause to be erected or constructed, any fence, wall or other barrier between the Real Alchemy Parking Facility and the College Station Parking Facility, without the prior written consent of the other party; (h) Each party shall maintain and keep in good repair their respective parking facilities and shall keep such areas striped and clear and free of rubbish, vegetation, ice, snow, and obstructions of every nature, and shall provide adequate drainage and lighting thereon . (i) Real Alchemy shall maintain a general liability insurance policy that meets State of Texas minimum requirements throughout the term of this Agreement. U) Each party shall have the right to expand or modify their respective parking fac ilities, it being the intent of this Agreement to grant the right to use the parking fac i lities as they exist from time to time without limiting the right of either party to modify said facili ties. 4. The right to use hereby granted, the restrictions hereby imposed, and the agreements contained herein shall run with the land and shall inure to the benefit of, and be binding upon, the parties hereto and their respective heirs, successors and assigns, including, but without limitation, all subsequent owners of the Real Alchemy Property and the College Station Property, and all persons claiming under them . 5 . Real Alchemy, or in the event the Real Alchemy Property is conveyed or sold, then the successors in interest, does hereby agree to indemnify, defend and hold harmless the City of College Station from and against any and all claims, demands, suits, damages, losses, costs and expenses (including reasonable attorneys' fees, court costs and other defense costs) for injury to person or damage to property suffered or incurred by them arising out, directly or indirectly, from the use of the College Station Parking Facility by Real Alchemy, their successors or assigns and their officers, employees, agents, contractors, customers, tenants and invitees. This Agreement shall be effective upon execution and shall continue in effect for a term of thirty (30) years from the effective date. O:\Projects \WPC Upper Trails \Rea/ Alchemy\RECIPROCAL ACCESS E1JSEMENT AGREEMENT FINAL 02-28-05 .doc ,-, ~· .. ~. L 0 • ...,...,.u...,u• <>uau uv ~uuJ c;IA tu ctuu guverneu oy rne iaws or tne :::>tate ot Texas , excluding any conflicts of law rule or principle that might refer the construction or interpretation of this Agreement to the laws of another state. Each party hereby submits to the jurisdiction of the state and federal courts in the State of Texas and to venue in Brazos County, Texas. (c) This Agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document, and any counterpart may be enforced against any Person who signed it (and all Persons claiming by, through or under such signatory) without the necessity of producing or proving any other counterpart. All counterparts shall be construed together and shall constitute one and the same instrument. (d) No waiver or consent, express or implied, by any party to or of any breach or default by any party in the performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such party of the same or any other obligations of such party hereunder. Failure on the part of a party to complain of any act of any party or to declare any party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its rights hereunder until the applicable statute of limitation period has run. (e) lfthere is any conflict between this Agreement's recitals and its agreements, the latter shall govern and control. (f) This Agreement contains the complete agreement between the parties and cannot be varied except by the written agreement of the parties. The parties agree that there are no oral agreements, understandings, representations or warranties that are not expressly set forth herein. (g) Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail, and addressed to the intended recipient at the address shown herein, and if not as shown, then at the last known address according to the records of the party delivering the notice. Notice given in any other manner shall be ef~ctive only if and when received by the addressee. Any address for notice may be changed by written notice delivered as provided herein. O :\Projects\WPC Upper Trails\Ren/ Alchemy\RECIPROCAL ACCESS E4SEMENT AGREEMENT FINAL 02-28-05.doc owned and controlled by College Station . (j) This Agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. (k) Time is of the essence in all matters pertaining to the performance of this Contract. Unless otherwise specified , all references to "days" shall mean and refer to calendar days. Business days shall exclude all Saturdays , Sundays and federal legal holidays. In the event the date for performance of any obligation hereunder shall fall · on a Saturday, Sunday or federal legal holiday, then that obligation shall be performable the nex t following regular business day. The remainder of this page is intentionally blank; unnumbered counterpart signature pages follow. O:\Projects\WPC Upper Trails\Real Alchemy\RECIPROCAL ACCESS E~EMENT AGREEMENT FINAL 02-28-05.doc APPROVED : O:\Projecu\WJ'C Upper TraJU\R.!Uzl Alc:Jimry\R.ECIPROOIL ACCESS EA£EMENT AGREEMENT FINAL 01-18-()S.doc ............ No tary Public, State of Texas My Commission Exp ires July 15, 2006 THE ST A TE OF TEXAS § § COUNTY OF BRAZOS § My Commission Expires :_&. __ ,_L_~_-_/_0--"1.,o=--- This instrument was acknowledged before me on the /st day of ~nOll ch 2005, by THOMAS E. BRYMER, City Manager of The City of College Station, Texas, a Hom~ Rule municipality, on behalf of said municipality. CELIA HERNANDEZ Notary Public, State of Texas My Commission Expi res March 30 , 2008 My Commission Expires: O:\Pro}<A:b \WPC Uppu TrailJ'ka/ Alcl!Dny\RECIPROCAL ACCESS EASEMENT AGREEMENT FINAL 02-28.()J.doc Exhibit A College Station Property " ,· O :\ProjecJs\WPC Upper TrallslReal Alchemy\RECIPROCAL ACCESS EASEMENT AGREEMENT FINAL 02-28-05.doc ---,, --.................... b ......... ~~ ........ u ........ ,, \I , ......... c1..n ""'viuc i. u1 d 1L ."';f/ acre w. tlart o n Munro 1 ru s tee tr act recorded in Vol ume 6 187, Page 154 (0 .R.B .C.) and being in the northwest right-of-way line of Holleman Drive (based on a 70' width as reco rd ed in Volume 826, Page 751 [O .R .8 .C .)); THENCE : N 46. 08' 13" W (ca lled N 44· 55' 36" W -94.11') a lo ng th e common line of the said 5.163 and 12. 97 acre tract s for a distance of 94 .06 feet to a found I /2-inch iron rod for comer, said ir on rod also marking the so uth comer of a called 6 .80 acre Real Alchemy I, L.P . tract recorded in Volume 1844, Page 322 (0 .R .8 .C); fHENCE : N 44· 32' 16" E (called N 45· 44 ' 49 " E) along the common line of the said 5 .163 and :he called 6 .80 acre tracts, said line also being the southeast line of Lot 5, Block I, WOODSTOCK, SECTION ONE Subdivision as recorded in Volume 436 , Page 481 of the Brazo s :::aunty Deed Records (8 .C.D .R.) for a distance of 749 .95 feet to a found 5/8-inch iron rod for :-0mer, said iron rod marking the north comer of this tract, the east comer of th e called 6 .80 acre :ract and being in the southwest right-of-way line of Dartmouth Street (based on a 80' width as ·ecorded in Volume 826 , Page 75 I (O .R .B .C.)); fHENCE : 471.50 feet along the said Dartmouth Street right-of-way line in a clockwise direction tlong the arc ofa curve having a central angle of24· 12' 46", a radius of 1115 .74 feet, a tangent of D9.32 feet and a long chord bearing S 33' 20' 50" E (called S 32· 08' 34" E -468 .01') at a iistance of468 .00 feet to a 1/2 -in ch iron rod set for a Point of Compound Curvature ; fHENCE: 92.36 feet along the arc of said compound curve having a central angle of 10 l' 45' 41 ", l radius of 52.00 feet, a tangent of 63 .94 feet and a long chord bearing S 29' 38' 24" W (called S 10' 50' 41" W) at a distance of80.69 feet to a found 5 /~-inch iron rod for the Point of Tangency , ;aid iron rod also being in the beforesaid right-of-way line of Holleman· Drive; fHENCE: S 80' 31' 15" W (called S 81' 43' 32" W -460.87') along the said right-of-way line of folleman Drive for a distance of 460.82 feet to a found 5/8-inch iron rod for the Point of :urvature of a curve to the left; rHENCE: 230 .23 feet along the arc of said curve having a central angle of 12' 44' 42", a radius of 035.00 feet, a tangent of 115.59 feet and a long chord bearing S 74' 08' 53" W (called S 75" 21 ' 5" W -229 .72') at a distance of229.75 feet to the POINT OF BEGINNING and containing 5.163 lCres (224,877 .2 sq . ft .) of land, more or less . , Kevin R. McClure, Registered Professional Land Surveyor No . 5650 in the State of Texas do crtify that this survey substant ially complies with the current Texas Society of Professional ;urveyors Standards and Spe cifi cat ions for a Category I B, Condition II Survey . Kevin R. McClure, R.P.L.S . #5650 / Scale: 1• • 100' /..£GENO 0 -1/2° ln>n RO<! Fovnd El -!5/8° ln>n RO<! Fovnd 0 -1/2° ln>n RO<! s.t P.U.E. -Pvlllc U!ll!l;r EoHment - - - --Floodpla., per l..OMR~7/10/00) • • • • • • -floodwoy per LOMR /10/00) -----floodwoy per LDMR 7/10/00) + 20' C.l./.8..1£. TAfi.LE CllR\'[ 00..TA RADIUS LENCrn TAHCrnT C1 Z.C-12'44° 1115.74' 471.!50' 239.32' C2 101·~41• 52.00' 92.35' 83.94' CJ 1T4-4'42" 1035.00' 230.23' 1 15.59' /JNE TABLE ~ CHORD. !!RC. S 33"20':50° E s 29"38'24° w s 74'08'53" w UHE \ 8FN!tfC OCSTNlCE LI N .~oe·13• W 94.06' N 44'55'36° W -94.11' CHORD 468.00' 80.59' 229.75' CAU.£D SRC . S JT08'34" E -468.01' S 30":50'41" YI s 75·21•15• w -229.72' Surysynr•a Hotts• , 1. ORIGIN OF BEARING SYSTEM: Th• boorlng ")'ttem shown '*'9on It bo•ed on grid north o• .. tabR 1hed from Ctty of Colloqo S1atlon O.P.S. monument f121 located on the north aide of CeorQ• Blnh Orfve 2as:• touthwest of Tu a:s ............ 2. E't'9fY document of ~ rn1•wed and coneld•red oe a PQ1't of this SUfV'I'/ Is noted her-eon. No obsltocl of ijtle, nor tftlt eommnment. nor reeutb of th• tltl• Horche• W'tA fumlthed to th• tvrVe)"Of'· Th•r. moy exist other doc:umenb of ~cord thot woukt effect th lt pa rc el. WO<Xfstc R~moit1dt1r of H:>l 4J6 10 ' P."U .E. \ perco1 UI"' 10 -5 . HIJoc:.dwg McCLURE ENG/NEER/N~ /NC• fOOB M/oodcreek Or/ve, Su/re f03 • Co//ege Srar/on, T 6 Exhibit B Real Alchemy Prop~rty ·~. ,.,:;-· .-1: •, 1;., .-:)-. ~·. ·'. O:\Projeas\WPC Upper Tralls\Real Alchemy\REaPROCAL ACCESS EASEMENT AGREEMENT FINAL 02-28-05.doc _ .--·· ----·· ---·-~"v" "' ""' """uruuig 10 me plat of WEST WOLF PEN CREEK ubdivision recorded in Volume 3378, Page 3 (0.R.B.C.), from whence a 1/2 -inch iron rod marking th e •est comer of Lot 2, Block One of said WOODSTOCK, SECTION ONE bears N 46' 08' 14" Wat a istance of 400.05 feet for reference; HENCE: N 44· 33' 29" E (ca lled -N 45° 44' 49" E -228.74') along the southeast line of said Lot 2, lock One for a distance of228.82 feet to a found 112-inch iron rod marking the northwest comer of th e tiled 6 .80 acre tract and the west comer of Wood Brook Condo Association 6 .18 acre tract desc ribed in olume 578, Page 1 (B.C.D .R .); HENCE : S 45° 27' 44 " E (ca lled -S 44 · 15' 11" E -320.00') along the common line of the called 6 .80 1d 6.18 acre tracts for a distance of 319.89 feet to a found 1/2 -inch iron rod for comer; fiENCE: N 89' 32' 16" E (called -N 89' 15' 11" E) continuing along said common line for a distance of ~6.48 feet to a foW1d 1/2-inch iron rod for comer; HEN CE : N 44· 32' 16" E (called -N 45' 44' 49" E -285.00') continuing along sa id co mmon line for a stance of 285.03 feet to a foW1d 5/8-inch iron rod for comer, said comer also being in the so uthwest 1e of Dartmouth Street (based on a 80' width as recorded in Volume 826, Page 751 [O .R:B.C.J); HENCE : S 45° 26' 31" E (called S 44 · 15' 11" E) along said right-of-way for a distance of 185.00 feet a foW1d 5/8-inch iron rod for the east comer of this tract, the east comer of said Lot 5, Block 1 and the 1rth corner of a 5 .163 acre City of College Station tract as described in Volume 1636, Page 315 >.R.B.C); -!ENCE: S 44· 32' 16 " W (called -S 45° 44' 49" W -750.03') along the common line of this tract and : said 5.163 acre tract for a distance of749.95 feet to a foW1d 1/2-inch iron rod for comer, said iron d marking the south comer of the called 6.80 acre tract, the west comer of the 5.163 acre tract and ing in the northeast line of the W . Barton Munro, Trustee 12 .97 acre tract described in Volume 6187, .ge 154 (0.R .B .C .); IBNCE: N 46. 08' 13 " W (called -N 44· 55' 05" W -750.05') along the southwest line of the qilled rn acre tract and the northeast line of the said 12.97 acre tract, at a distance of 585 .10 feet pass the rth comer of the said 12.97 acre tract and the east comer of the beforementioned 6.461 acre Wolfpen eek Dedication Area, continue for a total distance of 750.02 feet to the POINT OF BEGINNING and ntaining 6 .803 acres (296,345 .6 square feet) of land, more or less. Kevin R . McClure, Registered Professional Land Surveyor No. 5650 in th e State of Texas do certify 1t this survey substantially complies with the current Texas Society 1.11dards and Specifications for a Category I B, Condition II Survey. Kevin R. McClure, R.P.L.S . #5650 Sccle: 1• -100' UHE l 1 LINE TABLE B£AA!NC DISTANCE N 41rOS'13' W 94.04' L£rJ£ND 0 -1/2" Iron -Found <It -5/B" Iron -Found a-Wooc1Stu1ots.t !>.UL -,._ U1111tJ Eewrnont - - - - -Floodl>lah ,.. LOMll~7/10/00) • • • • • • -F"""'"7 per LOMR /I 0/00) - - ---~per LOMR /10/ool + 20' / / / / (COii~ N 8975.,,. £) N 89',!2'16• £ -J.16.-18 ' ·········. ... ... ... ... ... ... .... ... ' SLQftOC"• Notn; t 1. ORIQH Of BE.MfHC SYSTEM : The beorl"9 1)1tem ahown \ .-.-- _ -~ ,__,hbondon9r1d-U.n-bll1hodfromCl1)'ol --- Con991 -G.P.S. monument f121 loccttd on IM north -- 11d1 of ~ Buth DrM 2M' -of r ... , """"'· 2. [YffY -of ----COfltld-.. 0 port , '' <,... ---• !!,~,!=-~~.a=..of..=·,~:i.=' ~ ----an onve to tM ~-Thon_, n!tl o111 ... clocumtnb of recall! ....... --Hollem 'B26f751) !hot -"' ottoct 1111o ~-, _ ~ JO ' f?.O.W. 1• pon:.t 1¥ OI -&J!Ooc.Al..g _,..- McCL UR£ ENG/NEER/N~ /NC• 'fOOB 1¥oodcreek Dr/ve, Su/l'e "'?'03 • Co//ege Sl'al'/on, Texa s 7 ; ·-·~': .. ~ .. Exhibit C College Station Parking Facility · arid Real Alchemy Parking Facility 0:\Projecu\WPC Upper Tralls\Rea/ Alchemy\RECIPROCAL ACCESS EASEMENT AGREEMENT FINAL 02 -28-05.doc ·.i'· ;_;' ... ::.;· f i ' . . . . . ,/' __ /, ACREAGE SYNOPSIS LAND ACQUIRED BY CITY OF CO LL EGE STATION RES IDUAL TOT AL ,/' / / / I I I ) / 205,006 SF (4-71 AC) 9 1,339 SF (2.09 AC) 296,345 S F (6.80 AC) CITY OF ···-COLLEGE STATION TRACT ---------------------------i;OLL! -----------· ----------- HOLLEM UPPER TRAIL PLANNING & DEVELOPMENT FILES SOE Spatial Data Aerial Monuments (1994) Monument N Latitude Longitude Elevation Status Image Path Annexation Ordinance Number ORD_NUM Ordinance Date ORD_DATE Ordinance Year ORD_ YEAR Area (in sqft) SHAPE .area Image Path Annotation (CAD Labels) Bikeway Plan Status Status Type Type Length (in ft) SHAPE .len Cell Towers City Limits Area (in sqft) SHAPE .area Comprehensive Plan Comp Plan Landuse Land Use Land Use Area (in sqft) SHAPE .area Development Permits Location DP Number Date Document Path Drainage Reports Case Name Case Number Address Date Watershed Submitting Firm Report Type Floodplain Flood Study Digital Model Model Software Document Path Dot Growth Ye ar Name Development Typ e DEV TYPE Lots/Units LOT UNITS 1981 Aerial Fly Over Key Aerial Topography Elementary School Zones Name Name1 Area SHAPE.area Extra Territorial Jurisdiction (ET J) Area SHAPE .area ET J Subdiv isi ons Subdivision Name SUBDIV NAM Existing Land Use Land Use LAND USE Description DESCRIPTION Area SHAPE .area FIRM Base Flood Elevation Elevation (ft) FIRM Panel FIRM Cross Sections Le tter FIRM Panel Map Numb er Cross Section FIRM Grid Firm Panel Docume nt Path Historical Zoning Ordin ance ORD Zoning ZONING Date DATE Case CASE Link LINK Historical Zoning Pre-1986 Date Case CASE Zoning ZONING Unk LINK HOA Potential Subdivision Subdivision SUBDIVISION Subdivision Identification SUB ID HOA Subd ivisi ons Registered REGISTERED Count COUNT President PRESIDENT Contact CONTACT Contact (second) CONTACT 2 Presidents Phone # PRESIDENT Contact Phone # CONTACT HO Contact (second) Phone# CONTACT 2 President's Address PRESIDENT1 Contact Address CONTACT AD Contact (second) Address CONTACT 21 Presidents Email President3 Contact Email CONTACT E Contact (second) CONTACT 23 Class CLASS Impact Fee Areas Name NAME Acres ACRES Intermediate School Zones Zone ZONE Area (in sqft) SHAPE .area Map Index? New Development List Case Number CASE NUMBER List Date DATE OF LIST Type DOT TYPE Name NAME Description DESCRIPTION Label LABEL New Development Master List Case Number CASE NUMBER UstDate DATE OF LIST Type DOT TYPE Name NAME Description DESCRIPTION Label LABEL P&Z Cases Case Nu mber Location Case Name Ca se Type Project Manager P&Z Date Council Date Approved Docum ent Path 1994 Aerial Fly Ove r ( 1 to 100) Key KEY Aerial AERIAL Topography TOPOGRAPHY 1994 Aerial Fly Ove r ( 1 to 40 0) Aerial AERIAL Platted Base Map Block BLOCK Lot LOT Subdivision SUBDIVISIO Subdivision Identification SUB ID Developm ent Services Key DS KEY Area SHAPE .area Pre liminary Plats Code CODE Subdivision SUBDIVISION Year YEAR Serial Zones Serial Zones SERIAL ZON Subdivisions Su bdivision Name SUBDIVISIO Year YEAR Thoro ughfare Plan Type TYPE Status STATUS Zoning Board of Adju stments (ZBA) Cases Name Case Name Case Na me Zon ing Zoning Type ZONING TYP Notes NOTES CUP CUP Map Colors Map Colors Area SHAPE .area SOE Database Conditional Use Permits Month MONTH Day DAY Year YEAR Item Number ITEMNUM Case Code CASE CODE Case Number CASENUM BCADID BCAD ID Description DESC Owner OWNER NAME Address ADDRESS 1 Address (second) ADDRESS 2 Address (third) ADDRESS 3 City CITY State STATE Zip Code ZIP ET J Plats Subdivision SUBDIVISION Description DESCRIPTION File Name SCAN NAME Date Filed DATE FILED Pages PAGES Volume VOLUME Page PAGE Type TYPE Document Location SCAN RECORD Folder FOLDER Plat Records Subdivision SUBDIVISIO GIS Name GIS NAME Description DESCRIPTIO Type TYPE Vol um e VOLUME Page PAGE Date Filed DATE FILED File Name FILE NAME Pages PAGES Folder FOLDER Document Location DOCPATH ZBA Records Applicant APPLICANT Type TYPE Addition ADDITION Lot LOT Block BLOCK Address ADDRESS Action ACTION Notes NOTES Date DATE - Planning & Development City Limits City limits from 1938 to Present Pla nnin g & Develop ment Layer Fil es Comp Plan, T-Fare , New Development, Historical Zoning Engi neeri ng FIRM Maps Wate r & Sewer Service Areas Greenways Task Force EMF's Carter Creek Floodplain City Buildings CS Property Greenways Acquired Greenways Dedicated BVSWMA Histori ca l Ph otos and T o pos 1996Aerial 1986 Aerial 1983 Aerial 1988 Aerial 1989 Aerial 1994 Aerial 2000Aerial 1981 William-Stackhouse Topograp hy 1994 9x9 Aerials 1994 William-Stackho use Topography 1981 William-Stackho use Aerials 1 to 100 1994 William-Stackho use Aerials 1 to 400 County Aerials 1940 Aerials City Held Plats City Plats ETJ Plats Preliminary Plats ET J Plats Excel Spreedsheet Plat Excel Spreadsheet Zonin g Zoning Ordinaces Miscellan eou s Files County Certified 2003 Parcels City Center Oil Fields Oil Wells R ig ht -of-Way Pre-1970 Subdivisions Tax Exempt Properties 3/5/08 ORDINANCE NO. (2008) __ TC __ TC-5-08 AN ORDINANCE TO AMEND THE CITY'S THOROUGHFARE AND OPEN SPACE FACILITY FEES AND REIMBURSEMENT SCHEDULES AND REGULATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RALEIGH, NORTH CAROLINA that: Section 1. Section 10-3022(d) is deleted and replaced with the following : (d) Greenway easement value calculation. Upon the acceptance of a greenway easement by the City, the Ci ty, under all the conditions listed in subsection (e) below will make payments to the developer based on the following schedule : SCHEDULE OF GREENWAY LAND VALUES (1) Greenway land in floodway: a. Residential , Agricultural Productive , Conservation Management zoning districts : Four cents ($0 .04 ) per sq . ft. b . Nonresidential zoning districts, excluding Agricultural Productive and Conservation Management: Nine cents ($0 .09) per sq . ft. (2) Greenway land in floodway fr inge: a. Rural Residential , Residential -2 , Residential -4 , Agricultural Productive , Conservation Management Districts : Five cents ($0.05) per sq . ft. Special Residential-6 , Residential-6, Manufactured Home Districts : Twelve cents ($0.12) per sq. ft. Residential-10 and all other residential zoning districts with higher densities as defined in § 10-2002: Twenty cents ($0 .20) per sq. ft . b. Nonresidential zoning districts , as defined in §10-2002 , excluding Agricultural Productive and Conservation Management Districts: Forty-six cents ($0.46) per sq. ft. 1 Section 2. Section 10-3024(a) is deleted and replaced with the following : (a) Improvements eligible for reimbursement. To mitigate against the effects of these regulations , the City will under all the conditions listed in subsection (b) below pay to the developer unit costs for development-related improvements over and above the unit costs for applicable streets section. The following installations are eligible for reimbursement: (1) The additional right-of-way , sub-base , grading, drainage, surface material, and pavement width for minor residential streets, residential streets, commercial streets, residential collector streets, and collector streets. (2) The additional right-of-way and improvements to thoroughfare rights- of-way required by the Streets, Sidewalks and Driveway Access Handbook, on file in the City Clerk's office, minus the right-of-way and street improvements that would have been required under the applicable non-thoroughfare street section for the development. (3) Right-of-way for controlled access freeways. Section 3. The existing "Schedule of Improvement Costs " included in Section 10-3024(b )( 1) is deleted and replaced with the following : SCHEDULE OF IMPROVEMENT COSTS Improvement Item Catch Basins (per side) ..................................... .. Sidewalk (per side) ............................................ .. Multi-purpose path Installation ............................ . 30 " Curb and gutter (per side) ............................ . 18" Median curb and gutter (per side) ............... .. Storm drain perpendicular to right-of-wa/ ........ .. Storm drain parallel to right-of-way ..................... . Clearing and grubbing ....................................... . Common excavation ........................................... . Rock excavation .................................................. . Seeding and mulching ........................................ . Traffic control (both sides of existing streets) .... .. Erosion control .................................................... . Paint striping ....................................................... . Guardrail ............................................................. . 2 Item Project Cost $13.19 per linear foot of street $10 .98 per linear foot of street $7.61 per linear foot of street $9 .59 per linear foot of street $7.25 per linear foot of street $1 .55 per inch of storm pipe diameter per linear foot of right-of-way width $6 .15 per linear foot of street $7 ,839 .23 per acre $9 .59 per cubic yard $47 .00 per cubic yard $1 ,329 .63 per acre $11. 34 per linear foot $4 .95 per linear foot $2 .82 per linear foot $21 .06 per linear foot Retaining wall installation Keystone brick ................................................. . Pour-in-place .................................................... . Traffic signal upgrade -wood pole to metal pole . Traffic signal relocation ....................................... . Fire hyd rant relocation ........................................ . Water meter relocation ....................................... . Utility po le relocation ........................................... . Backflow and vault relocation ............................. . Paving 2 Asphalt (Surface Layer) .................................. .. Asphalt (Binder Layer) ..................................... . Aspha lt (Base Layer) ....................................... . Paving stone (ABC) ........................................ .. Mobilization ......................................................... . Design & inspection ............................................ . Right-of-way4 in : Agricultural Productive , Conservation Management , Rural Residential , Residential-2 districts .................................. .. Residential-4, Special Residential -6 , Residential-6 , Manufactured Home districts . Residential 10 district ................................... . Residential-15, Residential-20 , Special Residential-30, Residential-30 districts ........ . Office and Institution districts ...................... .. Residential Business , Buffer Commercial , Ne ighborhood Business , Shopping Center , Business districts .......................................... . Thoroughfare district. .................................... . lndustrial-1 , lndustrial-2 districts ................... . Slope easements in all zoning districts ........ . NOTES : $15 .00 per square foot $449.85 per cubic yard $11 ,866 .65 per pole $3,636.60 per corner $1 ,382.50 each $417 .25 each $5 ,000 .00 each $4,000 .00 each $1.73 per square yard-inch $1.78 per square yard-inch $1 .86 per square yard-inch $0.43 per square yard-inch 4% of construction costs 3 15 % of all project costs except right- of-way and slope easements) $0 .86 per square foot $0 .95 per square foot $1 .12 per square foot $1.20 pe r square foot $3 .87 per square foot $6.88 per square foot $4.73 per square foot $2.58 per square foot one-ha lf the value of the adjoining right-of-way reimbursement 1 If no engineering construction drawings are submitted to the City, assumed size of storm drainage perpendicular to the street is eighteen (18) inches . If engineering construction draw ings are submitted to the City, project cost will be based on the difference of both the number of cross drainage pipes and the size of those pipes for minimum applicable size street for that development and street to be constructed . 2 Paving reimbursement shall be based on minimum City paving requirements . 3 Construction costs are all project costs except right-of-way, slope easements , design and inspection. 4 For the Planned Development Conditional Use Overlay District and Master Plans approved by City Council, the rights-of-way values will correspond to the highest zoning district (excluding the Thoroughfare District) which first permits the primary use or category of use required in the Master Plan adjoining the right-of-way. Cross reference: Comparative status of zoning district classifications , § 10-2012 . 3 Section 4. The following definitions included in Section 10-8002 are amended with the strikeouts and underlined additions as follows: College/ University. Any post-secondary educational institution , including colleges, junior colleges, community colleges, technical or vocational institutions, and universi ties. Group quarters . An establishment or institution , public or private , where six (6) or more non -related persons are housed or are incarcerated and furnished with meals and health care . This includes , without limitation , convalescent homes , nursing homes , orphanages , rest homes , and correctional institutions of all types. Manufactured home . A structure , transportable in one (1) or more sections which is built on a permanent chassis and designed to be used with or without a permanent foundation . A "manufactured home" also means one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity . For the purposes of this chapter , fees for a manufactured home shall be calculated under the single-family category . Multiple units Multi-family dwelling . Mu!#p!e units is A structure which contains two or more residences , such as : duplexes , condominiums , townhouses , apartments , group housing developments , multi-family dwellings , off-campus sororities and fraternities , rooming houses , boarding houses , tourist homes, dormitories , guest houses without any restaurant , bed and breakfast inns , dwelling units within a hotel or motel without any restaurant , family care homes , group care facilities , and family group homes. Single-family . Single-family is a single residential structure located on its own lot and not physically connected in any way to any other residences or buildings containing a nonresidential use . Single-family includes any manufactured home , QL.detached dwellings including detached units approved as part of a townhouse , condominium or cluster development. School. Any public or private/parochial facility providing elementary, middle and/or high school education . Specialty schools as defined in §10-2002 are not included in this category . Student. Student means the total student capacity of any school or any addition to an existing school ; twenty five (25) students is the capacity for each temporary classroom. The remaining definit ions in §10-8002 shall remain unchanged. Section 5. The existing "Thoroughfare and Collector Street Fee Schedule " included in Section 10-8003(a) is deleted and replaced with the following: 4 THOROUGHFARE AND COLLECTOR STREET FEE SCHEDULE RESIDENTIAL Single-family Less than 1 ,000 sq. ft ., per unit .................................................... . 1,000 - 1,999 sq . ft ., per uni t... ..................................................... . 2 ,000 - 2 ,999 sq . ft., per unit... ..................................................... . 3 ,000 -3,999 sq . ft ., per unit... ..................................................... . 4 ,000 - 4 ,999 sq . ft ., per unit... ..................................................... . 5 ,000 sq. ft . or more , per unit ...................................................... . Multi-family dwellings , per unit ........................................................... . Retirement commun ity , per unit .......................................................... . Hotel/motel, per room 1 ......................................................................... . COMMERCIAL Retail/Commercial , per 1,000 sq. ft . of floor area gross2·3 ................. .. Office , per 1,000 sq . ft . of floor area gross .......................................... . Industrial/manufacturing/agricultural processing , per 1,000 sq . ft . of floor area gross ................................................................................... . Warehouse , per 1 ,000 s q. ft . of floor area gross ............................... .. Mini-Warehousing , per 1,000 sq . ft. of floor area gross ...................... . INSTITUTIONAL Church /Synagogue , per 1,000 sq . ft . of floor area gross ................... . Elementary/Secondary School , per 1,000 sq . ft . of f loor area gros s .. . College/university , per 1,000 sq . ft . of floor area gross ....................... . Daycare s , per 1,000 sq . ft of floor area gross ..................................... . Hospitals/medical care facilities , per 1,000 sq . ft . of floor area gross .. Group quarters/nursing home , per 1,000 sq . ft of floor area gross ..... . Cemetery , per acre .............................................................................. . Passenger Transportation Facility, pe r 1,000 sq . ft of floor area gross .................................................................................................... . Emergency Service Facility, per 1,000 sq . ft of floor area gross ......... . RECREATIONAL Golf Course , per parking space4 ......................................................... . Public Park , per acre5 .......................................................................... . Stadium/Coliseum/Race Track , per seat. ............................................ . General Recreation (all other), per parking space4 ............................. . NOTES $1 ,051 .00 $1 ,24 9 .00 $1 ,386 .00 $1,491 .00 $1 ,573 .00 $1 ,684.00 $925 .00 $388 .00 $1 ,322.00 $2 ,249.00 $1 ,715 .00 $1 ,084 .00 $623 .00 $314 .00 $865 .00 $315 .00 $3 ,4 51 .00 $2 ,387.00 $2 ,737 .00 $771 .00 $595 .00 $623 .00 $623 .00 $4,486 .00 $201 .00 $78 .00 $211 .00 1 Hotels or motels which contain any convention or ci vi c center shall, in addition to paying thoroughfa re fee based on rooming units , also pay the thoroughfare fee based on general recreation for the civic center or convention center. Any other accessory or incidental or accessory use contained within a hotel or motel fac ility shall be calculated in accordance with §10-8004 (d). 2 For retail uses that include the sale of motor fuels to the public , the fee shall be the greater of t he charge based on retail square footage , or a charge of $5 ,987 .00 per vehicle fueling position. 3 A standard based on square footage ex cludes heated interior pedestrian walkways within a shopping center when the requirements of § 10-2124(b) are met. 4 A standard based on parking shall be levied on the basis of the minimum parking standards in §10-208 1(a) not withstanding any exceptions , variances , tree credits , nonconformities , or any other reduction. 5 5 Specialized recreation facilities in public parks shall pay the same thoroughfare facility fee as general recreation , and the land areas , including associated required off-street parking , for these specialized recreation facilities shall not be used in calculating the acreage of the public park. ALTERNATIVE THOROUGHFARE AND COLLECTOR STREET FEE CALCULATION In the event that feepayors believe that the attributable costs for improving the thoroughfare system to serve their new construction is less than the thoroughfare and collector street fee schedule , the feepayor may submit an alternative fee calculation to the Inspections Department based upon the following: Facility Fee = Where: ADT = % New Trips = Trip Length = Cost/VMT = (ADT) x (% New Trips) x (Trip Length) x (Cost/VMT) The number of average daily trip ends of the new construction The percent of new trips added to the thoroughfare and collector system roadways . The percentage is 100% for all uses except retail uses (62%) and for schools (24%). Average length of a trip on the major roadway system Net cost per vehicle mile traveled is $129 .90 , which includes adjustments for double payment credit , debt service credits and federal/state funding credits If the City 's Public Works Department finds that the site data used to calculate the alternative facility fee are current , are based on full occupancy, are based on generally accepted transportation engineering practices and methodologies , and are carried out by a qualified transportation planner or engineer, the alternative facility fee shall be deemed the facility fee due and owed for the new construction. OPEN SPACE FEE SCHEDULE Zone 1 Single-family Multi-family dwelling Zone 2 Single-family Mu/ti-family dwelling Zone 3 Single-family Multi-family dwelling 6 Per Unit $1,099.00 $798.00 $1,129.00 $819 .00 $924 .00 $672.00 Zone 4 Single-family Mu/ti-family dwelling $929.00 $683 .00 Section 6. Section 10-8005(a) is deleted and replaced with the following : (a) Creation of trust funds. The facility fees collected by the City pursuant to this chapter shall be kept separate from other revenue of the City. There shall be one trust fund established for each of the benefit areas, shown on maps labeled "Thoroughfare and Collector Street Benefit Areas" and "Open Space Benefit Areas ," respectively ; copies are on file with the City Clerk and are made a part of this ordinance . All facility funds collected by the Inspections Department shall be properly identified by the appropriate benefit area and transferred for deposit in the appropriate trust account. A portion of these funds shall be allocated and assigned to a separate account for each benefit area for the purpose of providing funds for reimbursements required per §§10-3022 and 10-3024 . These funds shall be allocated into the appropriate reimbursement accounts as follows : Thoroughfare and collector street fees: Benefit Zone 1: fifty (50) per cent of the funds collected Benefit Zone 2 : twenty-seven (27) per cent of the funds collected Benefit Zone 3 : twenty-seven (27) per cent of the funds collected Open space fees : All Benefit Zones: twenty (20) per cent of the funds collected Funds may be transferred from reimbursement accounts to project accounts for each benefit area at the end of each fiscal year, to the extent that the account balance in each benefit area exceeds the contractual reimbursement obligations for the area. Section 7. Section 10-8005(b )( 1) is deleted and replaced with the following: (b) Limitation on expenditure of funds collected. (1) Funds expended from facility fee trust accounts shall be made for no other purpose than for thoroughfare and collector street capital costs or open space capital costs associated with projects undertaken by the City, or by the City in conjunction with other units of government. No funds shall be used for periodic or routine maintenance , or for administration of this facility fee program . 7 Section 8. All laws and clauses of laws in conflict herewith are hereby repealed to the extent of said conflict. Section 9. If this ordinance or application thereof to any person or circumstance is held invalid , such invalidity shall not affect other provis ions or applications of th e ordinance which can be given separate effect and to the end the provisions of this ordinance are declared to be severable. Section 10. This ordinance has been adopted following a duly advertised joint public hearing of the Raleigh City Council and the City Planning Commission following a recommendation of the Planning Commission . Section 11. This ordinance shall be enforced by law as provided in G.S .N.C . 160A-75 or as provided in the Raleigh City Code . All criminal sanctions shall be the maximum allowed by law notwithstanding the fifty dollar limit in G.S . 14-4(a) or similar limitations . Section 12. Sections 1-3 of this ordinance shall become effective July 4, 2008 ; the remaining sections of this ordinance shall become effective on the first day of the month following its adoption . ADOPTED: EFFECTIVE: DISTRIBUTION : 8 Municode.com I Online Library Page 1 of 1 ARTICLE Ill. PARK DEDICATION Sec. 22-33. Purpose. (a) This article is adopted to provide recreational areas in the form of neighborhood parks as a function of subdivision development of the City of Denton. This article is enacted in accordance with the home rule powers of the city granted under the Texas Constitution, and the statutes of the State of Texas , including, but not by way of limitation , V.T.C .A ., Local Government Code§ 51.071 et seq. (provisions applicable to home-rule municipality) and§ 212.001 et seq. (municipal regulation of subdivisions and property development). It is hereby declared by the city council that recreational areas in the form of neighborhood parks are necessary and in the public welfare, and that the only adequate procedure to provide for same is by integrating such a requirement into the procedure for planning and developing property or subdivisions in the city, whether such development consists of new residential construction on vacant land or the addition of new dwelling units on existing residential land. (b) Neighborhood parks are those parks providing for a variety of outdoors recreational opportunities and within convenient distances from a majority of the residences to be served thereby . The primary cost of neighborhood parks should be borne by the ultimate residential property owners who , by reason of the proximity of their property to such parks , shall be the primary beneficiaries of such facilities . Therefore , the following requirements are adopted to effect the purposes stated . (Ord . No . 98-039, § I, 2-17-98) Sec. 22-34. Definition of terms. For purposes of this policy , the following terms shall be defined as follows : Developer/owner means the legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. Residential subdivision means the division or redivision of land into five (5) or more lots , tracts, sites or parcels for the purpose of developing residential dwelling units . Dwelling unit means a building or portion of a building which is arranged, occupied or intended to be occupied as living quarters and includes facilities for food preparation and sleeping . Neighborhood park means open space area encompassing five (5) to twenty (20) acres . Neighborhood parks should provide recreational land for residents within an approximate one-half ( 1/2) mile service radius. Pa rk dedication requirements means collectively , dedication and/or construction of park facilities, in lieu dedication fee and park development fee . ( v > http://library4.municode.com/default/print.htm?view=printtarget&printheader=O&printfoote... 5/5/2008 CHAPTER 3. SUBDIVISION/SITE PLAN STANDARDS ORDINANCE* .. Sec. 10-3022. GREENWAY DEDICATION AND REIMBURSEMENT. (a) Required greenway dedication. Page 1 of 2 Subject to the limitations of subsection (c) below , whenever a tract of land included within any proposed residentialsubdivision or residential site plan embraces any part of a greenway , so designated on the current City Comprehensive Plan after such plan or part of it has been adopted by the proper authority , such part of such proposed greenway shall be platted and dedicated as a greenway easement. (b) Greenway easement width calculation. Subject to the limitations of (c) below, thegreenway requiredto be platted shall at a minimum , be the product of the following dimensions : minimum standard width multiplied by the length of the boundary along the banks of the adjoining watercourse, plus that portion of the watercourse contained within the development when property lines extend to the centerline of the watercourse : SCHEDULE OF MINIMUM STANDARD WIDTHS Neuse River: One hundred fifty ( 150) feet from each bank Crabtree & Walnut Creeks : One hundred (100) feet from each bank All other tributaries: As established by the currentCity Council -approved Raleigh Parks Plan . (c) Limitation on dedication. No dedicationshall be required for greenway ly in g outside of any floodplain , floodprone, or flood hazard area , but such area shall be reserved in accordance with §10-3021 for possible City acquisition . The amount of greenway required to be dedicated shall not exceed the total obligation of the development to pay open space facility fees , as determined by the Open Space Fee Schedule established in §10-8003(a), the number and type of dwelling units allowed by law for the development , and the Schedule of Greenway Land Values set forth in subsection (d) below . (Ord. No. 1991-764-TC-366 , TC-4-91, 4-16-91) (d) Greenway easement value calculation. Upon the acceptance of agreenway easement by the City, the City, under all the conditions listed in subsection ( e) below will make payments to the developer based on the following schedule : SCHEDULE OFGREENWAY LAND VALUES (1) Greenway land in floodway: a. Residential , Agricultural Productive , Conservation Management zoning districts: Three and four-tenths cents ($0 .034) per sq . ft . b. Nonres idential zoning districts , excluding Agricultural Productive and Conservation Management: Fifteen and five-tenths cents ($0.155) per sq . ft. (2) Greenway land in floodway fringe: a . Rural Residential, Residential-2 , Residential-4, Agricultural Productive , Conservation Management Districts: Four cents ($0.04) per sq. ft. Special Residential-6, Residential-6 , Manufactured Home Districts : Ten and three-tenths cents ($0 .103) per sq . ft. http://library4.muni code.com/default/Doc V iew/I 031211/78 /81 ?hilite=greenway; 5/5/2008 CHAPTER 3 . SUBDIVISION/SITE PLAN STANDARDS ORDINANCE* Page 2 of2 -4 -· . "' Residential-10 and all other residential zoning districts with higher densities as defined in §10-2002: Seventeen and two-tenths cents ($0.172) per sq. ft . b. Nonresidential zoning districts, as defined in §10-2002 , excluding Agricultural Productive and Conservation Management Districts : Seventy-nine and one-tenth cents ($0.791) per sq. ft. (Ord. No . 2000-734-TC-189, TC-2-00 , §1 , 2-15-00 ; Ord. No . 2006-2-TC-284, §§1, 4, TC-7-06 , 5-2-06) (e) Method and conditions of reimbursement. ( 1) The City Council may in its discretion change the general term of payment for individual projects and authorize payment in one (1) sum immediately or in fixed payments . (2) No payment will be allowed if the dedicated open space is being used to satisfy a Code requirement for open space or is utilized for agreenway density transfer under §10-2074. Reimbursements will be reduced by any open space facility fee credits . (3) The dedicatorssha// waive their statutory right to withdraw the dedication prior to receiving any payment. (4) Reimbursementssha// be fixed at the rate in effect when the dedication occurs . (Ord. No. 1987-31-TC-296, §64 , TC-16-87 , 12-1-87 ; Ord. No . 1990-474-TC-348, §17, TC-12-89 , 1-2- 90) http ://library4.m unicode .com/default/Doc View/10312/1/78 /81 ?hilite=greenway; 5/5/2008 [Go To First Hit] GOVERNMENT CODE CHA PTER 2206. LIMITATIONS ON USE OF EMINENT DOMAIN § 2206.0 0 1. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES OR EC ONOMIC DEVELOPMENT PURPOS E S. (a} This section applies t o t he u s e o f e minent d o main under the laws of this stat e, inc luding a l o cal o r special law, by any government al or private entity, including: (1) a state agency , including an institution o f higher educa t ion as defined by Sec tion 61 .003, Educati on Code; (2) a political subdivis i o n o f this state; or (3) a corporation created by a governmental e ntity t o act on behalf of the ent ity. (b} A governmental or private ent ity may not take private pro per ty throug h the use of eminent domain if the taking: (1 ) confers a private benefit o n a particula~ pr i vate party through the use of the property ; (2) is for a public use that is merely a pretext t o c o nfer a private benefit on a particular private party; or (3) is for economic development purposes, unless the eco nomic devel o pment is a secondary purpose resulting from mu n icipal comm unity development or muni cipal urban renewal ac tivities t o e liminate an existing af firmati ve harm on society f rom slum o r b lighted areas under: (A) Chapter.373 or 37 4 , Local Government Code, other than an ac tiv i ty des cribed by Sect i on 373.002(b) (5), Loca l Go ve rnment Code ; or (8\ Section 311 .005(a) (1) (I), Tax Code. (c\ T'o. section doe s not affect the authority of an entity a ut!-ior i :.:-?:.i r ,,., c0 ta':e priva t e p r o perty through t h e use of em .~:124i t dr·r or: 1 i m · -ed • o .t. a c.rans~orcatio n p ro j ects, including, but not oa-l , , 'i.ports , or public roads o r highways; ~ .. ·_:_es author iz e d under Section 59, Article XVI, TEXilS Co:-..._, ·1, _.1cluc1 ing : 1A: port a u t h o rities; \o) navigat ion districts; and I~) any other c o nservation or reclamation di.stricts 'l tr': as po rts; , , ·11ater s u p ply , wastewater , flo o d[OJ control, and drainage pro. voters at "!" Chap ter 334 ]\ publ ic buildi ngs, hospitals, and parks ; J the prov i sion o f uti lity services ; 16) a. spor ts and community venue project approved ·'Ct:'..on held on o r b efore December l, 2005, under .; 3 S , Loc<.ll Governm e n t Code; the ope rati o ns o f : by ,~1 a common carrier subject to Ch apter 111, Natura l F.e -.. ··~s Code, and S ec t i o n 8(3) (b), Article 2.01 , Texas Busines s CorrJ~3~icn Act ; o r defi n ed b y . Code ; (B) an energy transporter , as that term is -icn 18 6.0~1. Uc ilitie s Code; 8) a purpose au thorized by Chapt er 1 81, Utilit i es (9) underground s t o rage operations subject to Ch apter 91, Natural Pesources Code ; 110) a was te di s posal project; or (1 1) a library, museum , o r related facility and any i nfrastructure related to the f a c ility. (d) _ · . .;.s s·2::;:..i::,n does not a ffe c t the authority of a governmental c:-.t i ty c.o condemn a l e a sehold estate o n property owned b y the governmental entity . Page 1 of 2 http://tlo 2.tlc.s ta te.tx.us /cg i-bin /cqcgi?C Q_SESSION _KEY=PYPPDYVLOJEQ&CQ_QUE ... 4/3/2008 (e } The determination by the governmental or priv ate entity proposing to take the property that the taking does n ot invo l ve an ac t or circ umstance prohibited by Subsection (b} does not create a presumpti o n with respect to whether the taking involves that act o r circumstance. Added b y Ac t s 20 0 5, 79 th Leg., 2 nd C.S ., Ch. 1 , § l, eff . Novemb e r 18, 2005 . Page 2 of2 http ://tl o2 .tl c .s1a te.tx.us/cg i-bin 1cqcg i?CQ_SESSION_KEY=PYPPDYVLOJEQ&CQ_QUE... 4/3/2008