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Item 7B -.1°7 • • Page 1 of 15 CF+k j t cg--7 torp Electronically Recorded Tarrant County Texas Official Public Records 12/13/2011 1:48 PM D211300128 Bljwt tccu c..zi PGS 15 2.00 NOTICE OF COt b RIGHTS: IF YOUubmitt AR r # L PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF TH • 0 NG INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED CORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMB R DRIVER'S LICENSE NUMBER After Recording Return to: • Nels Nelson 215 W.College St. Grapevine,TX 76051 TEMPORARY CONSTRUCTIO S EASEMENT AGREEMENT STATE OF TEXAS ♦� COUNTY OF TARRANT This Teroporary Con= A5 7411111tccess Easement (this"Agreement"),is made as of 16 VC-V-6 40.A.,4'2011,'2011, . _ -m W.and Zena Rucker Family Trust("Rucker),and Vision Southwest Silveriake, VV OBACKGROUND A. Rucker is the • -= that certain approximately 4.2259 acre tract of real property located in o .e, =xas, more particularly described in Exhibit A attached hereto (the"Ruc .. .. ),which includes an approximately.180 acre tract of real property more particula = 'bed in Exhibit B-1 attached hereto and shown on Exhibit B-2 attac -. -- - • ( _"Dedication Tract"). B. VSS is the owner of that certain approximately 7.670 acre tract of real property located in Southlake,Texas,more particularly described in Exhibit C,attached hereto(the"VSS Property"). The VSS Property and the Rucker Property are referred herein together as the"Properties",and sometimes each individually,a"Property". C. Southlake Boulevard, also known as F.M. Highway 1709 ("Southlake Blvd."), is a publically dedicated road abutting the VSS Property. D. The Rucker Property has access to Southlake Blvd. pursuant to an easement over the VSS Property evidenced by (i) the deed dated September 12, 1985 and recorded September 16, 1985, in Volume 8310, Page 1976, of the Real Property Records of Tarrant County,Texas,(ii)the Affidavit recorded in Volume 15744,Page 80,of the Real Property Records of Tarrant County,Texas,and(ii)the access easement dated May 22, 2002, and recorded June 13, 2002, in Vol. 15744, Page 65, of the Real Property Records of Tarrant County,Texas(collectively,the"Existing Easement Agreements"). E. Rucker and VSS desire to enter into this Agreement to evidence a temporary construction and access easement to the Rucker Property,to allow VSS to construct a TEMPORARY CONSTRUCTION AND Page 1 ACCESS EASEMENT AGREEMENT MHDocs 3475087 57018.77 Page 2 of 15 road over the Dedication Tract, which will provide the perties with access to Southlake Blvd.,as more particularly described in this AGREEMENT % 1. Ease -nth Constru. on of the Road"Dedication . (a) Rucker hereby grants,transfers and •• 01 o the owner of the VSS Property a temporary access and const • e- ent (the "Easement") over and across the Rucker Property for - purp• of(a)doing all work necessary for the development, construction a - > Ion of that certain section of Zena Rucker Road(the"ZR Road")to be - •>• over the Dedication Tract(including but not limited to doing s ting, access, and construction), (b) completing site and drainage work, and hicular and pedestrian access until the ZR Road is publically dedicat e of Southlake. The Easement shall be located generally on the ._ ract VSS agrees to restore any part of the Rucker Property abutt • _ 'on Tract that is altered or damaged as a result of the construction • - -•=d. (b) VSS, at its cost =rid - -, shall construct the ZR Road and any related improvements i• ••workmanlike manner and in compliance with all requirements •- _ • publically dedicate the ZR Road. All construction work for the be bonded. The ZR Road will be completed no later than Decembe , subject to Force Majeure events. The term "Force Majeure"m • .- of God,weather,strikes,injunctions,lockouts,material or labor - by any governmental authority, civil riots, floods, fire,theft, public enem cion,war,court order,requisition or order of governmental body or= ds',and any other cause not reasonably within the control of VSS. If con- , .fl•n • he ZR Road has not commenced within twelve(12)months of th= • • = Agreement, subject to Force Majeure events, then Rucker may terrain= •- Agreement by filing a termination of this Agreement in the Real ••=rty ••rds of Tarrant County,Texas. (c) VSS , of create or permit to be created or remain,and will discharge,at VSS's sole cost and expense, any and all liens, encumbrances or charges levied on account of any builder's,supplier's,mechanic's,laborer's,materialmen's or similar lien that might become a lien,encumbrance or charge upon the Rucker Property or any part thereof, with respect to any work or services performed or material furnished by or at the direction of VSS in connection with the ZR Road. If any such liens, encumbrances or charges shall at any time be filed against the Rucker Property or any part thereof by reason of work or services performed or material furnished by or at the direction of VSS,then VSS will cause the same to be fully discharged and released of record, within 60 days after the filing thereof, by payment,deposit,bond,order of a court of competent jurisdiction or otherwise. (d) The owner of the VSS Property shall maintain (or cause to be maintained by contractors performing work to construct the ZR Road)liability insurance on the Dedication Tract in a minimum amount of$1,000,000.00 per occurrence with a minimum $2,000,000.00 umbrella coverage, and shall, upon Rucker's written request(not to be made more than once per calendar year except in the event of a default under this Agreement),provide evidence of such insurance. TEMPORARY CONSTRUCTION AND Page 2 ACCESS EASEMENT AGREEMENT MHDocs 3475087_6 7018.77 Page 3 of 15 (e) Upon completion of the ZR Road, Rucker will bi dedicate the ZR Road to the City of Southlake and the Parties y execute all other documentation necessary to dedicate the d- for blic use. Upon public dedication of the ZR Road,this Agreement; t = ically terminate. 2. Release of Existing Easement Agreements. In I• h construction of the ZR Road as set forth above, VSS shall also con paved road along the eastern boundary of the VSS Property (the "Ad al ). Upon completion and public dedication of the ZR Road and the Add al R Rucker releases and quit claims all of its right,title and interest in the Exist' ase Agreements to VSS provided that the Rucker Property has access to South .via the ZR Road and the Additional Road. The Parties agree to e - any of r documents needed to evidence the termination of the Existing Easem- . ents. 3. Recordation and Fees. VSS shall t. greements,releases and any other Zdocumentation necessary to . s of this Agreement between the Parties. VSS shall provide copies of all • uments to Rucker. VSS agrees to pay all fees and costs that arise out of ement,including Rucker's reasonable legal fees. • 4. ovenants Ru WL 4' • • .sions of this instrument should be interpreted as running with the Ian. • - - provisions hereof are binding upon and inure to the benefit of all present -r r' • ners of the Properties. Notwithstanding anything to the contrary contain=• `- .• Rucker and VSS, and their respective successors in interest, shall only : =d under this Agreement to the extent the terms hereof relate to the period ich they own the Rucker Property or the VSS Property,as applicable. 5. Remedies. f pa y fails to perform its obligations under this Agreement within 30 days follow of notice from the non-defaulting party to the defaulting party, then in addition other rights and remedies,the non-defaulting party shall be entitled to cu d It and perform the obligations of the defaulting party; provided, however, lure cannot through the exercise of reasonable diligence be cured within such 30 days, a default shall not be deemed to have occurred so long as the allegedly defaulting party commences its curative efforts within such 30-day period and diligently prosecutes same to completion within a reasonable time. Promptly following demand, the defaulting party shall reimburse the non-defaulting party for all actual reasonable costs and expenses(together with interest thereon at the highest lawful rate) incurred by the non-defaulting party in connection with the cure of such default. 6. Miscellaneous. (a) Rucker represents to VSS that it is the owner of the Rucker Property free and clear of all liens,claims,or encumbrances,and no other person has any right to possession of,interests in or claims or against the Rucker Property. (b) Each party represents to the other that: (1) such party has all requisite power and authority to execute and deliver this Agreement, and to carry out its obligations hereunder and the transactions contemplated hereby;.(2)such party has obtained all necessary consents and approvals from any person, entity, or governmental authority required for the execution and delivery of this Agreement TEMPORARY CONSTRUCTION AND Page 3 ACCESS EASEMENT AGREEMENT MHOocs 3475087_5 7018.77 Page 4 of 15 by such party and the performance by such Its obligations under this Agreement;and(3) the execution and delivery , ch party's performance under, this Agreement are within such pa �..��• > and have been duly authorized by all requisite actions and th t e constitutes a binding obligation of such party enforceable in = •s with its terms. Rucker represents that Zena Rucker has full - ,i; __ rustee of Rucker to bind - Rucker to the terms of this Agreement. (c) Any notice to be given herein sh- •- •-- ed given(a)as of the date delivered to the applicable party at the add s set i below,or(b)three days after the date of deposit thereof in the U.S. 1 - --riffled mail,return receipt requested, postage prepaid,addressed the owner of the Rucker Property or the owner of the VSS Property, as the c be,at the addresses set forth below. The owner of the Rucker Property - er of the VSS Property may change their address for notice by givin• r- an, ',oboe of such change to the other party not less than ten(10)daysiorio . W ' ective date of such address change. Rucker: Ms.Zen c William .a na Rucker Family Trust 6 . ve. , - - exas 76092 VSS: •n -- hwest Silverlake,LLC 4 College Street �, ne,Texas 76051 ' on: Nels Nelson (d) In the Rucker or VSS shall institute legal proceedings to enforce or co - the terms, provisions, covenants, conditions or restrictions set fo reement, the prevailing party in such legal proceedings shall be ntitled • --.ver its reasonable attorneys' fees, litigation expenses and court • fro - non-prevailing party. (e) The laws of the State of Texas shall govern the validity, performance and enforcement of this Agreement. Venue for any controversies arising out of this Agreement shall be in Tarrant County,Texas. (f) The section headings and captions of this Agreement are for the convenience and reference of the parties and in no way define, limit,or describe the scope or intent of this Agreement or any part thereof. (g) This Agreement may be modified, amended, or terminated, in whole or in part, only by the written consent of the then owners of record of the Properties. Any modification, amendment, or termination of this Agreement shall become effective only upon recording the same in the official real property records of Tan-ant County,Texas. (h) If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement,then the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or TEMPORARY CONSTRUCTION AND Page 4 ACCESS EASEMENT AGREEMENT MHDocs 3475087 5 7018.77 • Page 5 of 15 unenforceable provision, there shall be added a atically as a part of this Agreement a provision as similar in terms to s nvalid or unenforceable provision as may be possible and which shall =I,v and enforceable. (i) No waiver by any party of any provision I be deemed to have been made unless expressed in writing an• • such party. No delay or omission in the exercise of any right or 1accruing to any party upon any breach of this Agreement by a pa - =P1 impair such right or remedy or be construed as a waiver of sue reach, the waiver of any breach shall not be deemed a waiver of any oth reach the same or any other provision of this Agreement. G) This Agreement has been cussed, negotiated and revised between the parties and no one party sh - d as the dominant drafter hereof. (k) This Agreement may e 41, n two or more counterparts, each of which shall be deemed an ori of which together shall constitute one and the same document. (I) Any mortgage, , ground lease, or other lease now existing or hereafter gran : into affecting the Dedication Tract shall be subject to, subordin : •r to the easement, rights, benefits, and obligations created here. d foreclosure under any such mortgage or deed of trust shall not exti i= •• impair the easement, rights, benefits, and obligations created by u ent. [Signature page follows.] TEMPORARY CONSTRUCTION AND Page 5 ACCESS EASEMENT AGREEMENT MHDocs 3475087_0 7018.77 Page 6 of 15 to te This Agreement is execrated by Rucker and VSS'as of �. V— forth above. Rucker. Aigt ZE -=U• = Trustee for THE WILLIAM W. AN R FAMILY TRUST THE STATE OF TEXAS ` COUNTY OF /cAfr.7r, This instrument was acknowledg- •_ - me on ZS , 2011, by Zena Rucker,as trustee for The William W - Rucker Family Trust,on behalf of such trustee and trust. • JUSTIN LEE Nasay pu6Nc, � ry Public,State of Texas 0,4,4,4MY , • MHDocs 3475087 5 7018.77 • Page 7 of 15 VSS: VISION SOU r `+elr>• SIL ERLAKE,LLC, a Texas limit=.• - company A �1By: �`� "'� Nainp A o.J • TM. KetiE THE STATE OF TEXAS § COUNTY OF DALLAS §` /n1 This instrument was acknowl .g=. :fore me on 044P8.0e- 24 ,2011, by 4/14 n/eiso0 _,as Mesta- ♦ of Vision Southwest Silverlake, LLC, a Texas limited liability company,on ._ : • h limited liability , n/ , r MARCO ANT �. Notary P � r .. ,f. : . 9. Notary Pu Texas My Com ? hes Au. MHOoos 3475087_5 7018.77 Page 8 of 15 EXHIBIT A Legal Description of Rucker PQ (cover page) o CI). .111q:ilir • i*,.0 MHDocs 3475087 5 7018.77 • Page 9 of 16 • Being a 4.2259 acre tract of land situated in Southlake,Tarrant ..• . in. O.W..Knight Survey, Absuactlio.899,and being a part*nitro.tonin 12.6 acre tract of •• bad in deed r corded:fa Volume • 5510,page 327 of the Deed Raords of Tenant County.To, as"Tract 2"on usarvey by . • Clarence W.Hart,RFS_No.1600,dated December 3,1973, parti:eatlarly desctibed by metes and bounds as follows: BEGINNING at a 518 inch iron pin found in the 'J. ..of the acinentioa d 12.6.acre tract,said point being,(by deed call)South 34 degrees 18 minutes We •iota • ! 191.6 feet fiema the southeast cornet of Slid 12.6 ass's tract.and being the southeast corner of the . ,<,. ;;. herein; THENCE South 84 degrees 17 minutes 49 atcon tot ortattatec of32.5.92 A14141.5/8 inch Iron pie find for the sonthwest corner dike tract described THENCE Notch 18 degrees 22 minutes' s ,a distance of 493.08 feet to a V inch iron pari found , far the:northwest corner of the tract desert THENCE South 89 degrees 13 minutes $ a distettoc 0492.77 feet in a 5/S inch iron.pin for the northeast corner of the tract descri d it ' . THENCE South 01 dcgzces 4 44.Nronds West,a distance of 429.01 fait to the point of Beginning . and containing 184,080.6 59 acres,more or less. O • MHDocs 3475087 5 7018.77 • Page 10 of 15 EXHIBIT B-1 • Legal Description of Dedicatio (cover page) O 1,01/ (3. • O MHDocs 3475087 5 7018.77 • Page 11 of 15 Field Notes 60'Right-of-Way Dedication BEING.situated in the O.W.Knight Survey,Abstract Number 899,Tarrant' exas being a portion of that certain tract of land described by deed to William W.and Zena Rucker F. V recorded In County Clerk's File Number D205046160,Deed Records,Tarrant County,Texas and being m• -riy described by metes and bounds as follows: BEGINNING ata 5/8 inch iron rod found at the northeast cor _ - •41110, Family trach said iron rod also being an ell corner in the west line of that certain tract of land descri• - • _' t. ,•n Southwest Silverfake,t1.0 recorded in County Clerk's Ale Number D207135294,Deed Records,Ta nt • • exas; THENCE South 00 degrees 10 minutes 33 seconds West,60,r • .the east line of said Rucker Family tract and said west line of the Vision tract to a 5/8 inch iron ro ' cap stamped"REALSEARCIf set; THENCE South 89 degrees 18 minutes 11 seconds W--1 eet,departing said east line of the Rucker Family tract and said west line of the Vision tract to a 5/8 inch ,• • .. p stamped"REALSEARCH"sed THENCE North 01 degrees 08 minutes 22 "• . , -., # ' feet to a 5/8 inch iron rod with cap stamped "REALSEARCH"set in the north line of said Ruck- • •-ct,said iron rod also being an ell comer In the west One of Said Vision tract and being the southeast.cor - • t •., r in tract of land described by deed to William W.Ruder and Zena Rucker recorded in County aerk's•Fie N •• ► 15046158,Deed Records,Tarrant County,Texas; THENCE North 89 degrees 18 min East,131.18 feet along said north line of the Rucker Family tract and a south line of said Vision tract to': Wr •F: INNING and containing 7,829 square feet or 0.180 of an acre of land,more or less. CI) 5 Rroject Number: 110050 Date:October 06,2011 ' :c c- + Revised Date: 4N.,r ` Revision Notes: ;� o �7.- f Sheet 2 of 2 569' o�,' /PSS EqR �REALSEARCH OF TEXAS, LLCM R { `cs P.O.Box 1006,Godley,Texas 76044 ����� Ph.B17-937-26.55,ideal@realseercharg,www.realsearch.org ? ` "Thou sl not remove thy neighbor's landmerk'Deu1.19:94 exas ©coriyrPe2O!4RexgeardiofTam LL( Page 12 of 15 EXHIBIT B-2 Drawing of Dedication T (cover page) CI)O * (4611:11F *411C) itc%* MHDocs 3475087_5 7018.77 • • • Page 13 of 15 I I I I t . F.M.F8ph8ap 17W _ m4 r� a *wv 1$45 rets, - - . t 4i." 0 . P N Mora.WOW 00.Dom=ambaq PI95pNYCWAwe fl LID W4AMae. cc,■ CO aWaoa17a1 COawawa oar. cute% �,w�a 6RTLi antra Haw 1ele.mRISi,ears . DATCK 44406,R121.1- 10,P uneath, -' eaareRRm atanAat Wntlse*M to COWawa.ailrlap ,11 la 1 x.tCS :. ,•,vim§\\` 0TCT.1r. 89'78'11'Yy N 129.BP IGHT—OF—WAY DEDICATION situated i - e 0 . Knight Survey, Abstract Number 899, City of thtake, Tarrant County, Texas. / Notes \ 1.The basis of bearings Is the deed to Vision Southwest Si edake,tit recorded In CCM D207135294,Deed Retools,Tenant County,Texas. a An actual on the ground field survey was performed on September 13,Mt \3. !dl property corners are 5/8 inch Iron rods with cep stamped"REALSEAROI•set unless otherwise noted. / Project Number 110050 Date:October 06,2011 .-0 yE 1—z Revised Date: d'-�0 Revision Notes: << .- � rr i. - / Sheet Z of 2 ,,t_ 6'' e,, tie4 �° 1REALSEARCH OF TEXAS, LLC ,__,SuR� �*�BEgq� a•�'`s P.O.Box 1006,Godley,Texas 76044 SCALE. 1ar= 2001 o.!kr 1,a, Ph.817.937-3655,ideal@healsearch.org,www.reeiseardt.org `\ �� .v Thou shaltnot remove thy neighbors landmark'Deut.19:f4 t� tie CxAS ` 0..coy miL diorre04iir. 0, 1Do, 2� • Page 14 of 15 EXHIBIT.0 Legal Description of VSS Pr 41111111\ i<P4Z (cover page) 0 CI)•4 (11,1? •46cm7 ii4Z0 S - MHDocs 3475087 5 7018.77 . , Page 15 of 15 Being situated in the O.W.Knight Survey;Abstract Number 899, -••-1, aunty,Texas and being all of that certain tract of land described by deed to Vision • 1iiio --rlake,LLC recorded in County Clerk's File Number D207135294,Deed Records,T= exas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found at the north -- •:^ • • Vision tract,said iron rod also being the northeast corner of that certain i •. . .scribed by deed to William W. Rucker and Zena Rucker recorded in County C< . . ile • •=r D205046158, Deed Records, Tarrant County,Texas and being in the south , 1 e of F.M. Highway 1709(Southlake Boulevard)(130'Public Right-of-Way), from whi.. no 1 -st corner of Lot 9,O.W. Knight No. 899 Addition recorded In Cabinet A,Slide 4650,Pr i s,Tarrant County,Texas bears South 89 degrees 53 minutes 58 seconds West, .81 feet THENCE North 89 degrees 53 minutes 58 -• - • .=st, 239.58 feet along the north line of said Vision tract and said south right-of-way line ji, !May 1709 to a 1/2 inch iron rod found at the northeast corner of said Vision tract,acid i - •• :.leo being the northwest corner of that certain tract of land described by deed to RCP . ,i .-,,- Boulevard#2, LTD recorded in County Clerk's File Number 0203471724,Deed R-.•• -- t County,Texas; THENCE along the east line o ct and the west line of said RCP tract the following bearings and distan South 11 degrees 17 s nds East,520.24 feet to a 5/8 inch iron rod found; South 00 degrees 2 seconds West,696.84 feet to a 5/8 inch iron rod found; South 00 deg === 09 seconds.West,41.57 feet to a 5/8 inch iron rod found at-the southeast corn= : - Vision tract,said iron rod also being the northeast comer of.that certain • • described by deed to William W.Rucker and Zena'Rucker recorded in County Cl le ber D205046157,Deed Records,Tarrant County,Texas; THENCE So deg 43 minutes 58 seconds West, 191.55 feet along the south line of said Vision tract and th ne of said Rucker tract to a 5/8 inch rod found at the southwest corner of said Vision tract,said iron rod also being the southeast corner of that certain tract of land described by deed to William W. and Zena Rucker Family Trust recorded in County Clerk's File Number D205046160,Deed Records,Tarrant County,Texas; THENCE North 00 degrees 10 minutes 33 seconds East,429.17 feet along the west line of said Vision tract and the east line of said Rucker Family Trust tract to a 5/8 inch iron rod found at an ell corner in said west line of the Vision tract, said iron rod also being the northeast corner of said Rucker Family Trust tract; THENCE South 89 degrees 18 minutes 11 seconds West,131.18 feet,continuing along said west fine of the Vision tract and along the north line of said Rucker Family Trust tract to a 5/8 inch iron rod found at an ell corner in said west line of the Vision tract,said iron rod also being the southeast corner of the aforementioned Rucker tract recorded in 0205046158; THENCE North 01 degrees 08 minutes 20 seconds West,844.97 feet,continuing along said west line of the Vision tract and the east line of said Rucker tract to the POINT OF BEGINNING and containing 334,111 square feet or 7.670 acres of land,more or less. MHDoas 3475087_5 7018.77 ARIZONA TEXAS NEW MEXICO OKLAHOMA ri" EnEinEE •JnE January 2.8,2016 Alex Ayala,P.E. City of Southlake 1400 Main Street,Suite 320 Southlake,Texas 76092 Re: LISP!Medical Office Development at FM 1709& Tower Boulevard TIA Review Dear Ms.Ayala: Per your request,we have completed a review of the traffic impact analysis for the proposed USPI Medical Office development to be located on the southwest corner of the intersection of Southlake Boulevard (FM 1709)and Tower Boulevard in Southlake,Texas. The proposed development will consist of two(2)medical office buildings totaling 68,000 square feet. The study was prepared by Halff Associates, Inc., and dated January 21,2016. Our review comments are numbered for ease of reference and the numbering does not imply any ranking; We have divided our comments into two categories—Informational Comments are those that require no action by the city or the applicant. Action Comments are those that require a response or action by the City or applicant:We offer the following comments on the submitted study. INFORMATIONAL COMMENTS(REQUIRE NO ACTION BY CITY OR APPLICANT) 1. The proposed development consists of two(2)buildings,with a total of approximately 68,000 square feet. The proposed land use consists of Medical-Dental Office(ITE 720). 2. The proposed development was assumed to be built-out by 2018 and is estimated to generate 2,352 trips on a daily basis,including 163 trips during the AM peak hour(128 entering and 35 exiting) and 220 trips during the PM peak.hour(62 entering and 158 exiting). 3. The directional distribution used for this study was 25%to/from the east on FM 1709,30%to/from the west on FM 1709,20%to/from the north on Carroll.Avenue,and 25%to/from the south on Carroll Avenue. 4. The intersection of FM 1709 and Carroll Avenue operates at LOS E under Existing (2016)traffic conditions and under Build Out(2018) Background conditions. With the addition of site traffic,,the intersection is anticipated to operate at LOS F during the PM peak hour. However,this represents a 4.1 second increase in average vehicle delay and site traffic is anticipated to account for less than.2% of the total intersection volume. 3030 LBJ Freeway,Suite 1660,Dallas,TX 75234. (972)248-3006 office.(972)248-3855 fax www.leeengineering.com Page 1 of 2 ACTION COMMENTS(REQUIRE RESPONSE OR ACTION BY CITY OR APPLICANT) 5. Please include a figure showing the existing/proposed lane configurations. The description provided on page 2 Is confusing. 6. In Table 1 on page 3, Building.2 is listed as having 28,000 square feet The site plan shows that Building 2 includes 25,000 square feet:. The trip generation appears to have been conducted for a 25,00.0 square-foot building. 7. Please include a directional distribution figure. 8. In Figure 5,PM site traffic,the northbound left turn on Tower Boulevard at FM 1709 should be 47 vehicles,not 41 vehicles. 9. What percentage of the commercial development on the east side of Tower Boulevard (southwest corner of FM 1709 and Carroll Avenue) is occupied and operational? Do the background volumes need to beadjusted to account for this? The background volumes utilized in the report are lower than the original TIA volumes for this tract. 10. Please verify the signal timings utilized in this analysis. The AM peak hour signal timing splits shown in the Synchro output sheets at the intersection of FM 1709 and Carroll Avenue do not appear to match the splits shown in the provided signal timing sheets. 11. No right turn lane analysis or sight distance analysis is included in this study. The southbound right turn volume on Tower Boulevard at the site driveway is 96 vehicles in the AM peak hour and 46 vehicles in the PM peak hour. 12. The driveways to the proposed site have throat depths that do not satisfy the driveway ordinance. Based on the 329 parking spaces provided and two site access driveways, the minimum storage length should be 100 feet. The primary site access driveway on Tower Boulevard has a throat depth of 84 feet,as shown on the site plan,which will require a variance. 13. It should be noted that Tower Boulevard is classified as a collector street and a commercial driveway may require a variance. If you have any questions,please contact me at(972)248-3006. We appreciate theopportunity to provide these services and are available to address any additional comments or concerns. Sincerely, Jos ph T.Short,P.E.,PTOE President Lee Engineering TBPE Firm F-450 LEE anal11CC3i11G Page 2 of 2