The URL can be used to link to this page

Home My WebLink AboutContract 33886 COMMUNITY FACILITIES AGREEMENT STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. 33?14 This COMMUNITY FACILITIES AGREEMENT ("Agreement") is entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and PRESIDIO VISTA I, LTD ("Developer"), a Texas limited partnership. WHEREAS, Developer desires to make certain improvements to Presidio Vista Addition, an addition to the City of Fort Worth, Texas (the "Development Site"), which improvements are specifically outlined in the exhibits attached hereto (collectively, the "Community Facilities"); and WHEREAS,because the Community Facilities will be dedicated to the City upon completion, the Community Facilities must be constructed in accordance with standards and procedures acceptable to the City; and WHEREAS,Developer and the City wish to enter into this Agreement in order to memorialize Developer's duties and obligations with respect to the construction, installation and procedures for acceptance of the Community Facilities; NOW, THEREFORE, in consideration of the mutual covenants and obligations herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: I. General Requirements. A. The Policy for the Installation of Community Facilities (the "Policy") dated March 2001, approved by the City Council of the City, is hereby incorporated into and made a part of this Agreement for all purposes. Developer agrees to comply and to require all of Developer's employees, agents, servants, contractors and their subcontractors to comply with all provisions of the Policy in the performance of all its duties and obligations hereunder, including the construction and installation of the Community Facilities. B. The requirements of the Policy shall govern this Agreement; provided, however, that in the event of any direct conflict between the terms of this Agreement and the Policy, this Agreement shall control. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy within fifteen (15) calendar Page 1 w' 3a' a.. ^�1• Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. after the satisfaction of all conditions set forth in Article III, paragraph A hereof. D. Developer shall award all contracts for the construction and installation of the Community Facilities in accordance with Section II, paragraph 7 of the Policy. E. All contracts for the construction and installation of the Community Facilities shall be administered in conformance with paragraph 8, Section II, of the Policy. F. Developer covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, installation, design, performance or completion of the Community Facilities by Developer, its contractors, subcontractors, officers, agents and employees, or in consequence of any failure to properly safeguard such work, or on account of any act, intentional or otherwise, neglect or misconduct of Developer, its contractors, sub-contractors, officers, agents or employees, except to the extent caused by the negligent act or omission or intentional misconduct of the City. G. Developer shall install or adjust all of the required utilities to serve the Development Site or to construct or install the Community Facilities. H. This paragraph H is intentionally deleted. I. Developer agrees that no portion of the Development Site shall be occupied under a certificate of occupancy until the Community Facilities have been constructed (Article 104.100, Ordinance 7234) and accepted by the City. J. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates outlined in all exhibits hereto, which cost estimates were prepared by Developer and its contractor(s). K. Developer shall donate or cause to be donated to the City, at no cost to the City and by means of an instrument or instruments reasonably acceptable to both the City and Developer, all land within the Development Site that is required to construct and install the Community Facilities. Developer agrees to use commercially reasonable efforts to acquire all necessary land owned by third parties Page 2 ` �viAl P' Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. M15--IM/110 a �,�'�� 5�M/11 �V t f that is required to construct and install the Community Facilities (collectively, the "Third Party ROW") and to donate all such Third Party ROW to the City, at no cost to the City and by means of an instrument or instruments reasonably acceptable to both the City and Developer. If Developer is unable to acquire all or any portion of the Third Party ROW, the City agrees to use its best efforts to acquire such Third Party ROW through direct negotiation with the owner(s) or through its powers of eminent domain solely in accordance with the Property Acquisition Agreement attached hereto as Exhibit "D", which is hereby made a part of this Agreement for all purposes. The City shall not be responsible to Developer for any delays, costs, expenses or damages of any kind or nature caused to Developer, its officers, agents, servants, contractors, subcontractors or employees, or to any third parties on account of any delays in constructing or completing the Community Facilities that arise on account of the City's efforts to acquire the Third Party ROW, either through negotiation or its powers of eminent domain. L. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof. Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-1)Attached; Street Lights and Signs (C) Attached. II. Street and Storm Drain Facilities. A. Developer agrees to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other Community Facilities depicted on the attached Exhibits B, B 1, and C. B. As shown in the "Summary of Cost" below, the estimated total cost of the Community Facilities and related support services specified in this Agreement, including design, construction and inspection but excluding costs associated with the acquisition of the Third Party ROW (as specified in the Property Acquisition Agreement attached hereto as Exhibit "D", is estimated to be $4,069,958.44. Developer shall pay the entire cost of the Community Facilities, but, pursuant to and in accordance with that certain Tax Increment Financing Development Agreement by and among the Board of Directors of Tax Increment Reinvestment Zone Number Seven, City of Fort Worth, Texas, the City and Developer, which is a public document on file in the City Secretary's Office as City Secretary Contract No. 33343 (the "TIF Agreement"), Developer shall be reimbursed for those costs of the Community Facilities identified in the "Summary of Cost" below as "City Cost" from Available Development Site TIF Funds, as defined in Section 4.1 of the TIF Agreement, plus costs associated with acquisition of the Third Party ROW (as specified in the Property Acquisition Agreement attached hereto as Exhibit "D". In the event that a change order to any construction contract for the Required Improvements Page 3 Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. is deemed necessary, Developer shall first obtain the City's written approval for such change order before executing the change order, which approval shall not unreasonably be delayed or withheld, with the understanding that if the City denies approval, the City shall provide Developer a written explanation of the basis of such denial. If the actual cost of the Community Facilities exceeds the estimated costs, as shown in the Summary of Cost"below, and provided that the City has approved any change order(s) causing such cost increases, Developer shall be responsible for 33.333% of such excess costs and 66.666% of such excess costs shall be included as a "City Cost". Excess costs shall not be included as a"City Cost" if the City has not provided written approval to a change order causing such cost increases. In no event shall Developer be entitled to reimbursement for any portion of the Community Facilities or for costs associated with the acquisition of the Third Party ROW from any general revenues of the City or any other source of funds other than as specifically provided in the TIF Agreement. C. As authorized by Section 311.010(g) of the Texas Tax Code and in compliance with the Policy, construction work funded by Developer under this Agreement will not be subject to the City's competitive bidding requirements, as set forth in Section 252.021 of the Texas Local Government Code, because Developer will pay for all such work and the source of any reimbursement to Developer will be tax increment funds paid to Developer by the Board of Directors of Tax Increment Reinvestment Zone Number Seven, City of Fort Worth,Texas . D. As required by Section 3.2 of the TIF Agreement, before initiating work on any of the Community Facilities under this Agreement, Developer shall consult with the City's Minority/Women Business Enterprise Office in establishing goals for Developer to utilize minority owned and women- owned business enterprises in undertaking work on such Community Facilities. III. Miscellaneous. A. The City's and Developer's duties and obligations under this Agreement are specifically conditioned upon acquisition of the Third Party ROW in accordance with the Property Acquisition Agreement attached hereto as Exhibit"D". B. This Agreement is assignable by Developer to an Affiliate of Developer (a "Permitted Assignee"), provided that (i) Developer notifies the City in writing of such assignment and provides the City with the name and telephone number of an employee of Permitted Assignee at or above the managerial level and (ii) Permitted Assignee executes a written agreement with the City pursuant to which Permitted Assignee agrees to be b^uR1nd by Page 4 r �11A WON Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. 9 all duties and obligations of Developer under this Agreement. For purposes of this Agreement, an "Affiliate of Developer" shall mean any person or entity, directly or indirectly controlling, controlled by or under common control with Developer. As used in this definition, the term "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person or entity, whether through ownership of voting securities, by contract or otherwise. Following the date that Developer has funded the total amounts required to be funded by Developer hereunder, Developer may assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any party without the prior written consent of the City. Otherwise, Developer may not assign this Agreement without the written consent of the City, which consent shall not unreasonably be withheld, provided that such assignee complies with the requirements of a Permitted Assignee set forth in this Section 3.B. C. Notwithstanding anything to the contrary herein, if the dedicated or planned public right-of-way in which any of the Community Facilities are to be constructed is relocated or vacated prior to initiation of such construction and installation,the parties agree to negotiate in good faith an amendment to this Agreement to (i) relieve Developer of any obligation to construct and install those Community Facilities in the portion of the public right-of-way that is vacated and (ii) provide for construction of those Community Facilities in the public right-of-way, as relocated. With respect to subsection (ii), if the cost to Construct those Community Facilities in the public right-of-way, as relocated, increases directly as a result of the relocation, Developer's obligation to construct those Community Facilities shall be conditioned upon Developer's ability to secure reimbursement of those increased costs from Available Development Site TIF Funds, as set forth in Section 4 of the TIF Development Agreement. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 5 ERI-Ty"' l ��Vv D Community Facilities AgreementbetweenCity of Fort Worth and Presidio Vista I,Ltd. ,5q 21p p�` ff i H, TEXT_ CFA SUMMARY OF COST PRESIDIO VISTA I -(NORTH TARRANT PARKWAY PHASE 1A DEVELOPER ITEM COST CITY COST TOTAL COST A. Construction 1. Streets North Tarrant Parkway 531,943.42 1,063,886.83 1,595,830.25 US 81/287 NBFR Ternp Connection 66,533.60 133,067.20 199,600.80 2. Storm Drainage North Tarrant Parkway 237,238.33 474,476.67 711,715.00 3. Street Lights North Tarrant Parkway 41,000.00 82,000.00 123,000.00 US 81/287 NBFR Ternp Connection $ - $ - $ - 4. Street Name Signs 5,970.00 11,940.00 17,910.00 5. Traffic Signals NTP @ Access Dr. B 41,666.67 83,333.33 125,000.00 NTP @ Presidio Vista 42,000.00 84,000.00 126,000.00 NTP @ IH 35W 15,000.00 30,000.00 45,000.00 6. Miscellaneous North Tarrant Parkway 67,634.87 135,269.73 202,904.60 US 81/287 NBFR Ternp Connection $ - $ - $ - 7. Consultant Contingencies at 5% North Tarrant Parkway 52,283.01 104,566.02 156,849.03 US 81/287 NBFR Ternp Connection 3,326.68 6,653.36 9,980.04 B. Engineering Design 201,913.32 403,826.64 605,739.96 C. Construction Eng. & Mgmt. by DOE (4%) $ $ $ Streets & Drainage Only 33,428.61 66,857.23 100,285.84 D. Materials Testing Fee by DOE (2%) $ $ $ Streets & Drainage Only 16,714.31 33,428.61 50,142.92 Actual Property E. Land Acquisition Donation per Acquisition [See Note 3 Section 1.K Costs per below] Exhibit"D" TOTALS 1,356,652.82 2,713,305.62 4,069,958.44 * Based on Jackson Construction bid 5/24/06 Page 6 Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. r � Notes: 1. All Preliminary Plats filed after July 2000 require sidewalks on all streets. 2. City not preparing plans and specifications. 3. Land acquisition costs are not factored into the cost of the Public Facilities. Pursuant to the TIF Agreement, Developer will be reimbursed for actual Property Acquisition Costs, as defined in and in accordance with the Property Acquisition Agreement attached hereto as Exhibit"D". EXECUTED this OLekday of , 2006: Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director C TY OF FORT RTH: Marc Ott Assistant City Manager ATTEST: 1,-*",A Marty Hendrix City Secretary Approved as to Form: Assistant City AM y M&C: none required Page 7 Community Facilities Agreement fv�p�� betweenCity of Fort Worth and Presidio Vista I,Ltd. �`j 11 N1 pp gQ ATTEST: PRESIDIO VISTA I, LTD: By: GLC FORT WORTH, LLC Corporate Secretary its sole general pariner: By: Scott D. Wolcott Managing Member Page 8 Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. EXHIBIT "B" Page 9 Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. f T Y 2 44 8 �? ni a ; <p W Q LL I J I a I I Z i =t I O SS22< 1 I �N+I W K i 1 0 CL I Q N W U9 a pO. N O o 1.a p. W IE ; < w 1 O Tu K < 0W H a- U> d i q O nd g I I I a t I I w im 3w I D WWF �~ U W I x >UK na i T W. C; I I O I d + I & + � d I I � L 1 H W i U� Sa V11 � kE�T'�NLLS�IX'ri -- EXHIBIT "B-I" Page 10 Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. EXHIBIT "C" Page 11I� �L��i; k5�� Community Facilities Agreement betweenCity of Fort Worth and Presidio Vista I,Ltd. 9 G l� v5V U §41 I I L i oi, l aZg � aI&I � , li1il,lla MW= Quo �zv x10 .10 W z5._ U J J U Z r O Fr Q W VIQ W v�W J 4 U Z 4 d m o a J ou ¢Y W a� F L Ln a o� °z ~N A J ia� y J�H tea// Q�� W m �a� � W •U xr X moK 0 0 p J Q W� W D O � Y a s ' a 11 F x / �I EXHIBIT "D" PROPERTY ACQUISITION AGREEMENT This PROPERTY ACQUISITION AGREEMENT is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and PRESIDIO VISTA I, LTD ("Developer"), a Texas limited partnership. RECITALS A. Contemporaneous with the execution of this Agreement, the City and Developer have executed a Community Facilities Agreement (the "CFA") related to the construction of an extension of North Tarrant Parkway between U.S. Highway 287 and Interstate Highway 35-W and certain improvements to North Harmon Road (the "Project"). This Property Acquisition Agreement is incorporated as part of the CFA, and this Property Acquisition Agreement and the CFA collectively shall be referred to as the "Agreement". B. Developer has made good faith efforts through commercially reasonable negotiations to acquire the real property described in Exhibit "A", attached hereto and hereby made a part of this Agreement for all purposes (collectively, the "Project Parcels"), at a fair market price and has been unsuccessful in consummating the acquisition of the Project Parcels. Accordingly, Developer has requested that the City proceed to acquire the Project Parcels through its power of eminent domain. C. The City agrees to proceed with the exercise of eminent domain in order to acquire the Project Parcels solely in accordance with this Agreement. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer agree as follows: AGREEMENT 1. INCORPORTION OF RECITALS. The City Council hereby finds, and the City and Developer hereby agree, that the recitals set forth above are true and correct and form the basis upon which the City has entered into this Agreement. Page 1 Exhibit"D",Property Acquisition Agreement between City of Fort Worth and Presidio Vista I,Ltd. 2. DEVELOPER'S REPRESENTATION. Developer represents and warrants to the City that it has, prior to the execution of this Agreement, made good faith efforts through commercially reasonable negotiations to acquire the Project Parcels from their lawful owners at a fair market price for public access purposes. 3. PUBLIC PURPOSE. The City and Developer hereby acknowledge and agree that acquisition of the Project Parcels is necessary to, without limitation, the public purposes set forth in the CFA. Although the City supports the Project, the City does not have sufficient City funds to pay for completion of those portions of the Project that the City ordinarily would be responsible for pursuant to its legal obligations or existing policies. As a result, Developer has requested that the City exercise its power of eminent domain to acquire the Project Parcels with the intent to accelerate the completion of the Project by Developer's funding all of the costs associated such acquisitions and to obtain reimbursement for those costs solely pursuant to and in accordance with the TIF Agreement. 4. COSTS FUNDED BY DEVELOPER. Developer shall pay all cumulative sums of final purchase prices of the Project Parcels and any other costs directly connected with the acquisition of the Project Parcels and the eminent domain action(s) authorized under this Agreement, including, but not limited to, legal fees and fees for other professional services (collectively "Property Acquisition Costs"); provided, however, that if the City wishes to retain outside counsel to represent the City in any eminent domain action filed in order to acquire any Project Parcel(s), the City will notify Developer in writing and Developer shall have three (3) business days to notify the City in writing of any objection it may have as to such retention (which objection must be based solely on the City's choice of counsel or the compensation to be paid to such counsel), in which case the parties will promptly, diligently and in good faith attempt to remedy the objection to the satisfaction of both parties. Because the City will have initiated the eminent domain action in question only at the request of Developer, if the parties cannot resolve Developer's objection, the City, in its reasonable, but sole, discretion, shall have the right to proceed with acquisition of the affected Project Parcel(s) with assistance from such outside counsel in spite of Developer's objection. In the event that the City elects, for any reason, to use City funds to pay for any Property Acquisition Costs, Developer shall reimburse the City all such amounts within thirty (30) calendar days following receipt from the City of a written invoice for such. Developer understands and agrees that Developer shall receive reimbursement for all Property Acquisition Costs funded or reimbursed by Developer solely pursuant to and in accordance with the TIF Agreement and not from any other funds or revenues of the City. Page 2 Exhibit"U',Property Acquisition Agreement between City of Fort Worth and Presidio Vista I,Ltd. C-IIY p 5. CITY ESCROW ACCOUNT. The City, at Developer's sole cost and expense and as a Property Acquisition Cost, will cause to be appraised the current fair market value of the Project Parcels and will provide Developer with a copy of such appraisal(s). Following receipt of that notification, Developer shall deposit the full amount of such appraisal(s), plus an additional sum equal to twenty-five percent (25%) of the full amount of such appraisal (collectively, the "Escrow Funds"), into a segregated City account established for the purposes set forth in this Agreement. Any interest earned on the Escrow Funds will remain in the account, will be deemed to be Escrow Funds in addition to any sums actually deposited by Developer and may be used to pay any Property Acquisition Costs. The City will use the Escrow Funds to acquire the Project Parcels and to pay all costs associated therewith. In the event that additional Escrow Funds are required by the City to fulfill its obligations under this Agreement, Developer shall deposit such additional Escrow Funds with the City within thirty (30) calendar days following demand for such. If Developer fails to deposit any Escrow Funds required by this Agreement, such failure shall constitute a material breach of this Agreement. Once the City determines that all Property Acquisition Costs have been paid and that the objectives outlined in this Agreement have been fulfilled, the City will return any remaining Escrow Funds to Developer within thirty(30)calendar days. 6. NEGOTIATIONS BY CITY. 6.1. Initially. After deposit of the Escrow Funds, the City shall use commercially reasonable efforts to negotiate the terms and conditions of the purchase of the Project Parcels by offering their owner(s) the fair market value thereof, as established by the appraisal undertaken pursuant to Section 5 of this Agreement. If the owner(s) of the Project Parcel(s) rejects the fair market value offer and makes a higher counteroffer, the City shall submit the counteroffer to Developer for Developer's approval. Developer shall notify the City in writing within five (5) business days of submission of the counteroffer of Developer's decision either to accept and fund or reject the counteroffer. If Developer rejects any counteroffer, the City shall proceed to use reasonable efforts to acquire the affected Project Parcels through eminent domain proceedings. 6.2. As Settlement. After an eminent domain action has been instituted, if the owner(s) of the Project Parcel(s) offers to settle outside of the proceeding for an amount in excess of the fair market value offered by the City pursuant to Section 6.1 of this Agreement, the City shall submit the proposed settlement offer to Developer for Page 3 Exhibit'D",Property Acquisition Agreement between City of Fort Worth and Presidio Vista I,Ltd. Developer's approval. Developer shall notify the City within five (5) business days of submission of the settlement offer of Developer's decision either to accept and fund or to reject such settlement offer. The City shall not be authorized to make any settlement without the prior written approval of Developer. If Developer rejects any proposed settlement offer, the City shall continue with the eminent domain proceeding. 7. TITLE TO PROJECT PARCELS. The City will acquire and retain easements or fee simple title to the Project Parcels satisfactory to the City for public access purposes, whether acquired through eminent domain proceedings or otherwise, and the fact that Developer may have funded or reimbursed the City for the acquisition costs of the Project Parcels for public access shall not be deemed a grant of title of any kind to all or any portion of the Project Parcels. If this provision is determined to be unenforceable, then Developer hereby agrees to waive any claim to the public right-of-way established on the Project Parcels and to make a quitclaim conveyance of the Project Parcels to the City at no cost to the City. 8. DEFAULT AND REMEDIES. An event of default under this Property Acquisition Agreement shall occur if either party breaches any of its duties or obligations hereunder. In this event, promptly after becoming aware of the default, the non-defaulting party shall provide written notice to the other party that describes the nature of the default. If the default arises due to Developer's failure to make any deposit into the Escrow Funds in accordance with Section 5, Developer shall have five (5) business days to cure the default. For any other default under this Property Acquisition Agreement, the defaulting party shall have thirty (30) calendar days to cure the default, or if such default is not reasonably curable within thirty (30) calendar days, such additional time as may be reasonably necessary provided that the defaulting party is diligently pursuing cure of the default. If the default has not been fully cured within such time, the non-defaulting party shall have all rights and remedies available under the law or in equity, including, but not limited to, the right to terminate the Agreement, which may be effected by providing written notice thereof to the defaulting party. 9. INDEPENDENT CONTRACTOR. Nothing contained in the Agreement or any collateral agreements between the City and Developer with respect to the Project is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. Page 4 Exhibit"D",Property Acquisition Agreement between City of Fort Worth and Presidio Vista I,Ltd. 10. INDEMNIFICATION. DEVELOPER SHALL INDEMNIFY, PROTECT, DEFEND, RELEASE AND HOLD HARMLESS THE CITY, ITS CITY COUNCIL MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS (OTHER THAN DEVELOPER) AND SUBCONTRACTORS (EACH AN "INDEMNITEE') FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES, LIABILITIES, PAYMENTS, OBLIGATIONS, PENALTIES, CLAIMS, LITIGATION, DEMANDS, DEFENSES, JUDGMENTS, LAWSUITS, PROCEEDINGS, COSTS, DISBURSEMENTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, FEES, DISBURSEMENTS AND REASONABLE EXPENSES OF ATTORNEYS, ACCOUNTANTS AND OTHER PROFESSIONAL ADVISORS AND OF EXPERT WITNESSES AND COSTS OF INVESTIGATION AND PREPARATION) OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH (COLLECTIVELY "DAMAGES"), DIRECTLY OR INDIRECTLY RESULTING FROM, RELATING TO OR ARISING OUT OF (I) THE ACQUISITION BY ANY MEANS OF THE PROJECT PARCELS, AND/OR (II)ANY BREACH OR NON-PERFORMANCE, PARTIAL OR TOTAL, OF THIS AGREEMENT BY DEVELOPER OR ANY OF ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUBCONTRACTORS, EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES ARE DIRECTLY CAUSED BY THE NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF ANY INDEMNITEE. IN THE EVENT THAT ANY DAMAGES ARE BROUGHT OR THREATENED TO BE BROUGHT AGAINST ANY INDEMNITEE, SUCH INDEMNITEE SHALL PROMPTLY NOTIFY DEVELOPER IN WRITING (PROVIDED, HOWEVER, THAT ANY FAILURE TO SO NOTIFY DEVELOPER SHALL NOT RELIEVE DEVELOPER OF ITS OBLIGATIONS UNDER THIS SECTION UNLESS (I) SUCH FAILURE TO SO NOTIFY DIRECTLY PRECLUDES DEVELOPER'S INVESTIGATION AND DEFENSE OF ANY CLAIM AS A MATTER OF LAW AND (II) DEVELOPER DOES NOT OTHERWISE HAVE KNOWLEDGE, EITHER ACTUAL OR CONSTRUCTIVE, OF SUCH CLAIM) AND DEVELOPER, AT DEVELOPER'S SOLE COST AND EXPENSE, SHALL RESIST AND DEFEND THE SAME WITH LEGAL COUNSEL SELECTED BY DEVELOPER AND ACCEPTABLE TO THE INDEMNITEE AND WITH REASONABLE PARTICIPATION BY THE INDEMNITEE. IN NO EVENT SHALL DEVELOPER OR LEGAL COUNSEL EMPLOYED BY DEVELOPER ADMIT LIABILITY IN ANY MATTER ON BEHALF OF ANY INDEMNITEE WITHOUT THE ADVANCE WRITTEN CONSENT OF THE CITY. DEVELOPER'S OBLIGATIONS UNDER THIS SECTION 10 SHALL BE IN ADDITION TO, AND NOT EXCLUSIVE OF, ANY OBLIGATIONS OF DEVELOPER UNDER SECTION LF OF THE CFA. Page 5 � �Vl I�11 � NJ a r Exhibit"D",Property Acquisition Agreement between CITY �,HTlAlPy City of Fort Worth and Presidio Vista I,Ltd. x,; U 11. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing,by certified mail, postage prepaid, or by hand delivery: City: Developer: Attn: Director Attn: Peter M. Aberg Transportation/Public Works Dept. Legacy Capital 1000 Throckmorton 5910 North Central Expressway Fort Worth,TX 76102 Suite 1250 Dallas, TX 75206 with a copy to: with a copy to: Attn: City Attorney Attn: Jim Schell City Attorney's Office Pope,Hardwicke 1000 Throckmorton 901 Fort Worth Club Building Fort Worth, TX 76102 Fort Worth,TX 76102 12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and ordinances, as amended. 13. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of it governmental powers. 14. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. Page 6 Exhibit"U',Property Acquisition Agreement between City of Fort Worth and Presidio Vista I,Ltd. 15. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas—Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 16. NO THIRD PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 17. FORCE MAJEURE. It is expressly understood and agreed by the parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, governmental restrictions, regulations, or interferences, unreasonable delays by the City in issuing any permits or certificates of occupancy or conducting any inspections of or with respect to the Project (based on the amount of time that the City customarily requires in undertaking such activities and based on the then- current workload of the City department(s) responsible for undertaking such activities), or delays caused by unforeseen construction or site issues, fire or other casualty, court injunction, necessary condemnation proceedings, acts of the other party, its affiliates/related entities and/or their contractors, or any actions or inactions of third parties or other circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such performance shall be extended for a period of time equal to the period such party was delayed. 18. SEVERABILITY. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Exhibit"D",Property Acquisition Agreement between rn �v�G�S �� r City of Fort Worth and Presidio Vista I,Ltd. '� ` o'fll fix, 19. PRIORITY OF DOCUMENTS. In the event that any term or condition of this Agreement directly conflicts with any term or condition of the TIF Agreement, the TIF Agreement shall control unless otherwise specifically stated in this Agreement. In the event that any term or condition of this Property Acquisition Agreement directly conflicts with any term or condition of the body of the CFA, this Agreement shaH control unless otherwise specifically stated in the body of the CFA. 20. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 21. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. EXECUTED as of the last date indicated below: CITY OF FORT WORTH: PRESIDIO VISTA I, LTD., a Texas limited partnership: By:GLC Fort Worth, LLC, its sole general partner: By: G'' Marc Ott Scott D. Wolcott Assistant City Manager Managing Member Date: � ' Date: Page 8 ONFICIAn!l Mob Exhibit"D",Property Acquisition Agreement between �fQ�,� � � City of Fort Worth and Presidio Vista I,Ltd. 0 b U FY. W0RIN, TEX. ATTACHMENT 1 TO PROPERTY ACQUISITION AGREEMENT MAP AND DESCRIPTION OF PROJECT PARCELS RIGHT-OF-WAY BEING 8.601 acres of land out of the William McCowan Survey,Abstract No. 999,and being a portion of a tract of land described in deed to Ellesmere Investment Corporation, N.V., a Netherlands Antilles Corporation, as recorded in Volume 6617, Page 99, of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), as corrected in Volume 6709, Page 791,D.R.T.C.T.,and being further described by metes and bounds as follows: BEGINNING at a 3/4-inch found iron rod on the northeast right-of-way line of US Highway 287 (a variable width right-of-way) for the northernmost northwest corner of said Ellesmere tract,said point being the southernmost southwest comer of a tract of land described in deed to Presidio Vista I, LTD., as recorded in Volume 16397, Page 276, D.R.T.C.T.; THENCE North 89 degrees 07 minutes 09 seconds East,along the common line between said Presidio Vista tract and said Ellesmere tract, a distance of 3,518.15 feet to a found fence post for comer on the west right-of-way line of Interstate 35W (a variable width right-of-way),said corner being the common comer between said Presidio Vista tract and said Ellesmere tract; THENCE South 00 degrees 30 minutes 07 seconds East,departing said common line,and along said west right-of-way line,a distance of 161.47 feet to a 1/2-inch set iron rod with yellow plastic cap stamped "HALFF ASSOC. INC." (hereinafter referred to as "with cap")for corner; THENCE North 80 degrees 43 minutes 07 seconds West, departing said west right-of- way line,over and across said Ellesmere tract, a distance of 478.69 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 88 degrees 56 minutes 34 seconds West, continuing across said Ellesmere tract,a distance of 294.13 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 89 degrees 27 minutes 06 seconds West, continuing across said Ellesmere tract,a distance of 1,840.23 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 79 degrees 03 minutes 58 seconds West, continuing across said Ellesmere tract,a distance of 89.43 feet to a 1/2-inch set iron rod with cap for comer; THENCE South 84 degrees 26 minutes 11 seconds West, continuing across said Ellesmere tract,a distance of 150.74 feet to a 1/2-inch set iron rod with cap for comer; THENCE South 60 degrees 15 minutes 48 seconds West, continuing across said Ellesmere tract,a distance of 344.82 feet to a 1/2-inch set iron rod with cap for comer; THENCE South 37 degrees 34 minutes 02 seconds West, continuing across said Ellesmere tract,a distance of 101.68 feet to a 1/2-inch set iron rod with cap for comer; THENCE South 36 degrees 06 minutes 34 seconds East, continuing across said Ellesmere tract,a distance of 550.17 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 46 degrees 51 minutes 15 seconds East, continuing across said Ellesmere tract,a distance of 161.19 feet to a 1/2-inch set iron rod with cap for corner; THENCE South .43 degrees 09 minutes 39 seconds West, continuing across said Ellesmere tract, a distance of 14.17 feet to a 1/2-inch set iron rod with cap for corner on the northeast right-of-way line of said US Highway 287; THENCE North 46 degrees 50 minutes 21 seconds West, along said northeast right-of- way line, a distance of 329.58 feet to a point for corner from which a 1/2-inch found iron rod bears South 69 degrees 22 minutes 11 seconds West,a distance of 0.50 feet; THENCE North 39 degrees 45 minutes 31 seconds West,continuing along said northeast right-of-way line, a distance of 402.77 feet to a found Texas Department of Transportation right-of-way monument; RIGHT-OF-WAY THENCE North 35 degrees 44 minutes 21 seconds West,continuing along said northeast right-of-way line; a distance of 285.27 feet to a Texas Department of Transportation right-of-way monument; THENCE North 33 degrees 05 minutes 03 seconds West,continuing along said northeast right-of-way line, a distance of 147.98 feet to the POINT OF BEGINNING AND CONTAINING 374,645 square feet or 8.601 acres of land,more or less. Basis of Bearing is the south property line of Presidio Vista I, Ltd., as recorded in Volume 16397,Page 276 of the Deed Records of Tarrant County,Texas,being North 89 degrees 07 minutes 09 seconds East. A Plat accompanies this legal description. MATCH LINE !Q D 1 Cr i i Q��op% <o1 D � oS� I I F- i p° Z Q u,f I _l.: i .. VICINITY MAP S89'27'06'W a = 1,840.23' I i F-- ) ELLESMERE INVESTMENT 8.601 ACRES j (374,645 SO. FT.) CORPORATION PRESIDIO I tij VOLUME PAGE 99 VISTA I, LTD i !Z Qom,; RIGHT-OF-WAY D.R.T.0.T.CT. VOLUME 16397 ! GO I TAKE PAGE 276 Z; I I ! I D.R.T.CT. Ly i i In I i S79'03'58'W I ' I 89.43' I� E i I 0 j. ,51 S84'26'11'W S43'09'39'W LIR 150.74' 14.17' '. -_ ,. ' S46'51115'E SIR 161.19' SIR SIR S60'15'48'W ;o r--_li 344.82' SIR u \p ! 1 S37'34'02'W N46'50'21'W 101.68' 329.58' ^0 I 6 1 I A :. SIR C:) SIR 1�2. N39'45'31'W i' FIR 402.77' TxDOT ROW MON S69'22'11'W l 0.50' 0 POINT OF i� TxDOT ROW N35'44'21'W BEGINNING I : MON 285.27 Y,4'FIR �P (CM) N33'05'03'W J`,P� 147.98' 0 so 100 Iso 200 400 SCALE IN FEET i' A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT EXHIBIT 'B' LEGEND FIR• FOUND IRON ROO CALCULATED POINT FOR CORNEA ELLESMERE INVESTMENT �CP•a�srfq•.,9�, CORPORATION SIR O YASTIC LLOSETW CAP STAMPEDIRON ROD L'HALFF ASSOC.,INC.' VOLUME 6617.PAGE 99 (CM) CONTROL MONUMENT DOUGLAS A CALHOUN .... 9.........4..........:.,..... D.R.T.C.T. — PROPOSED PROPERTY LINE 5 56 19 P J IN THE "—"— PROPOSED RIGHT-OF-WAY LINE t•0FFs STO��• WILLIAM MCCOWAN SURVEY — EXISTING PROPERTY LINE au ABSTRACT NO.999 BASIS OF BEARING IS THE SOUTH PROPERTY LINE OF 4 LD CITY OF FORT WORTH,TARRANT COUNTY,TEXAS RECORDED RIN VVOLUMET 16397TPAGEA276A5 OF THE O.R.T.C.T.AND BONG N89'07.09'E NORTH TARRANT PARKWAY DOE No.: ..�,•v;� °''"•° RIGHT-OF-WAY TAKE Cl.0 Halff Associates Inc. DCN: ESIMrs7s_e.6oIA AMR=.—c'r --" DATE: OCTOBER 2005 PAGE NO.: 3 of 4 "•„;;;°^°•• ',°;;Len°W °� nm.o-o.e.ano r..°.w INTERSTATE LH.35W HIGHWAY 35W r`°ARI B oim .. Rar.1 __ _______ (VARIABLE WIDTH R.O.W.) S00'30'07'E ( �+ — 161.47' ---------- ----------------------------------------- 1 FCP (CM) SIR I 1 j!rl 1 It1 yQ ! Ra sm "ST. -I'.NrEs .T 7 VOLE I6]91I I I I CORPORATION Y I: D CE 276 I(:I VOLS DAT Ci AGE f9 i Q i N80'43'07'W Ij 1 1 I 1 < I 478.69' i! II I I�I;!II RIGHT-TAKE IGHT OF WAY SIR �Il C2. Jt I I N88'56'34'W 1 Z ! 294.13' I I I ENTRE PROPOSED w i. 1 NORTH TARRANT-PARKWAY I I O SIR PRESIDIO I ' CL I..:: I VISTA I, LTD O I ELLESMERE INVESTMENT VOLUME 16397 I I 8.601 ACRES CORPORATION PAGE 276 iCL f I (374,645 SO. FT.) VOLUME 6617, PAGE 99 D.R.T.CT. i RIGHT-OF-WAY D.R.T.CT. --------t- i --- TAKE Go''.. S89'27'06'W II I M! I 1,840.23' P� I I ti+ 1 Go I I Go I I I Iw w I !o t Nr ¢ !o I b I 1 , w L/I 1 IN I p I 1 ID- I D I z 1 I I I i I I I I I o so too tso zoo goo ' I 1 SCALE IN FEET MATCH LINE A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT EXHIBIT 'B' LEGEND �S OF EXHIBIT FIR Al FOUND IRON ROD y4�?'p\R T E j�'..'4sf ELLESMEREINVESTMENT CALCULATED POINT FOR CORNER CORPORATION S�° YELLOW CAP STAMPEDE HSAIFF 7........ "'"""" ASSOC.,wC. DOUGLAS A:CALHOUN VOLUME 6617"PAGE 99 lat) CONTROL MONUMENT ;9 5619 r D.R.T,C.T. PROPOSED PROPERTY LINE •1`°FESS\9?� IN THE PROPOSED RIGHT-OF-MAT LINE -'— EXISTING PROPERTY LINE WILLIAM McCOWAN SURVEY ABSTRACT NO.999 OASIS OF BEARING IS THE SOUTH PROPERTY LINE OF PESIDIO VISA LTCITY OF FORT WORTH.TARRANT COUNTY,TEXAS RECORDED RIN YOLU"IET 6397.PACEA276 AS OF THE D.R.T.C.T.AND BEING NB9'OT'09'E NORTH TARRANT PARKWAY "`�' A, " k,.K•,•wl.� AVO: 22575 "�••'w..N."�'m •^[ DOE NO.: Y9I1 N q+I.SUY MI 2 "q N•��.1• ;o Halff Associates Inc. DGN: ESMT575-e.e°,B own >a.�'�"�'wwH"sI we DATE: OCTOBER 2005 PAGE NO.: 4 of 4 "•a• •°�^°�••"°^• •°"� mn.,,..N Nene :.....r.:..w.ux 1:\22000s\22575\d00\ESMT575-8.6018.dOn 10/31/2005 1:27:27 PM User•Oh402 DRAINAGE EASEMENT BEING 18,842 square feet of land out of the William McCowan Survey, Abstract No. 999, and being a portion of a tract of land described in deed to Ellesmere Investment Corporation, N.V., a Netherlands Antilles Corporation, as recorded in Volume 6617, Page 99, of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), as corrected in Volume 6709,Page 791,D.R.T.C.T.,and being further described by metes and bounds as follows: COMMENCING at a found Texas Department of Transportation right-of-way monument on the northeast right-of-way line of U.S. Highway 287 (a variable width right-of-way), said monument being a westerly comer of said Ellesmere tract; THENCE North 65 degrees 31 minutes 56 seconds East, departing said northeast right- of-way line,over and across said Ellesmere tract,a distance of 72.35 feet to a 1/2-inch set iron rod with yellow plastic cap stamped"HALFF ASSOC.INC."(hereinafter referred to as "with cap") for comer on the proposed south right-of-way line of North Tarrant Parkway(a variable width right-of-way); THENCE North 37 degrees 34 minutes 02 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 101.68 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 60 degrees 15 minutes 48 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 344.82 feet to a 1/2-inch set iron rod with cap for the POINT OF BEGINNING; THENCE North 84 degrees 26 minutes 11 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 150.74 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 09 degrees 26 minutes I1 seconds West, departing said south right-of- way line and continuing across said Ellesmere tract, a distance of 129.41 feet to a point for corner; THENCE South 84 degrees 26 minutes 11 seconds West, continuing across said Ellesmere tract,a distance of 150.74 feet to a point for corner; THENCE North 09 degrees 26 minutes 11 seconds East, continuing across said Ellesmere tract, a distance of 129.41 feet to the POINT OF BEGINNING AND CONTAINING 18,842 square feet or 0.4326 acres of land,more or less. Basis of Bearing is the south property line of Presidio Vista I, Ltd., as recorded in Volume 16397,Page 276 of the Deed Records of Tarrant County,Texas,being North 89 degrees 07 minutes 09 seconds East. A Plat accompanies this legal description. is IQ 0,F orf O ....:.........................:..... DOUGLAS A '� 561;.CALHOUN9 �Na 9URVE��. Ak CIT �K" A2Y ' uG:� , � . EO.DEN TPoINfAE 4Yp. ,RD ^{�p NI ,OSFD PO D R NF f g VOLUME 16 917, PACE 27D 6 R� poo�j D.R.T.CT. } �I VICINITY MAP I` ___ --- ----------------------- POINT OF BEGINNING .SEE INSET -,-' -- ---------PROPOSED R.O.W.LINE - - -- — — — — — --- PROPOSED NORTH TARRANT PARKWAY -- - N89'07'09'E 150.74' PROPOSED R.O.W.LINE SIR ---e SIR----------------------- SIR N8426'116E — j C--- ---------------- 0. TVA 'rb c\7 ' S84'26'11'W i 150.74 FSIR0.4326 ACRES ELLESMERE INVESTMENT (18,842 SCI. FT.) CORPORATION DRAINAGE VOLUME 6617, PAGE 99 EASEMENT D.R.T.CT. POINT OF �;o N COMMENCING POINT OF PRESIDIO VISI LLTO LTid '\ VOLUME 1639T.PAGE 276 I -i BEGINNING D.R.T.CT. ---------------------------- - ILMI SIR T-- ----- -----aa— -i \ - DRAINAGE EASEMENT TRDuoNRQ" N60415'48'E ICM) G'• 344.82' .,p\ ELLESMERE INVESTMENT I a�c'y N37'34'02'E VOLUMERION 66117.TPAGE 99 0 25 50 75 100 20o y9i f/ 101.68' D.R.T.CT. N65'31'56'E 72.35' SCALE IN FEET > ENTIRE PROPOSED A LEGAL DESCRIPTION NORTH TARRANT PARKWAY ACCOMPANIES THIS EXHIBIT EXHIBIT •B' LEGEND MONS FOUND T>DOT ROW MONUMENT .� CF TFC, ELLESMERE INVESTMENT 7 CALCULATED POINT FOR CORNER �q'' 7p' 5 q qF CORPORATION SIR Y LSET IRON LOW CAP S�AMPEDL'HALIFF . 1 Assoc.,INC.' DOUGLAS A.CAL_HOUP! VOLUME 6617,PAGE 99 (Cm) CONTROL MONUMENT "'""."""5fi1Q" .yr,..... O,R,T,C,T, ———— PROPOSED DRAINAGE LINE �90 r�• IN THE ----- PROPOSED RIGHT-OF-WAY LINE �'•.'PR S\� 'TI. WILLIAM McCOWAN SURVEY - - EXISTING PROPERTY LINE SND 9UfiVEjo ABSTRACT NO.999 BASIS OF BEARING IS THE SOUTH PROPERTY LINE F IOCITY OF FORT WORTH,TARRANT COUNTY,TEXAS RECOROEO RINSIVOLUMET 6391.7.PACETO TA276AS OF THE D.R.T.C.T.AND BEING 1489'07.09•E NORTH TARRANT PARKWAY DOE NO.: AVO: 22575 , DRAINAGE EASEMENT av Kuru uT NMq�rseupIN.01,,f/f!iv2Qm. 10'Halff Associates Inc. DGN: DRAIN575-18842 .,vRrerou vizi t�wr r°n°re±'..r'siriiw.e s�.vo� .meP7ssN.amcwwY�wRrwa.T,l."�r�u„w+ DATE: NOVEMBER 2005 PAGE NO.: 2 of 2 nm nr•nT 6re1RD I:\22000s\22575\dgn\DRAIN575-18842.dgn 11/10/2005 3:00:23 PM User=an402 SLOPE EASEMENT BEING 86,242 square feet of land out of the William McCowan Survey, Abstract No. 999, and being a portion of a tract of land described in deed to Ellesmere Investment Corporation, N.V., a Netherlands Antilles Corporation, as recorded in Volume 6617, Page 99, of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), as corrected in Volume 6709,Page 791,D.R.T.C.T.,and being further described by metes and bounds as follows: COMMENCING at a found Texas Department of Transportation right-of-way monument on the northeast right-of-way line of U.S. Highway 287 (a variable width right-of-way), said monument being a westerly comer of said Ellesmere tract; THENCE North 65 degrees 31 minutes 56 seconds East, departing said northeast right- of-way line,over and across said Ellesmere tract,a distance of 72.35 feet to a 1/2-inch set iron rod with yellow plastic cap stamped"HALFF ASSOC.INC."(hereinafter referred to as "with cap") for comer on the proposed south right-of-way line of North Tarrant Parkway(a variable width right-of-way); THENCE North 37 degrees 34 minutes 02 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 101.68 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 60 degrees 15 minutes 48 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 344.82 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 84 degrees 26 minutes 11 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 150.74 feet to a 1/2-inch set iron rod with cap for the POINT OF BEGINNING; THENCE North 79 degrees 03 minutes 58 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line, a distance of 89.43 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 89 degrees 27 minutes 06 seconds East, continuing across said Ellesmere tract, and along said proposed south right-of-way line, a distance of 1,840.23 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 88 degrees 56 minutes 34 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 294.13 feet to a 1/2-inch set iron rod with cap for corner; THENCE South 80 degrees 43 minutes 07 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 478.69 feet to a 1/2-inch set iron rod with cap for corner; THENCE North 89 degrees 42 minutes 29 seconds East, continuing across said Ellesmere tract,a distance of 77.12 feet to a point for comer; THENCE South 00 degrees 32 minutes 57 seconds East, continuing across said Ellesmere tract,a distance of 16.69 feet to a point for corner; THENCE South 89 degrees 27 minutes 05 seconds West, continuing across said Ellesmere tract,a distance of 73.74 feet to a point for comer; THENCE North 81 degrees 02 minutes 23 seconds West, continuing across said Ellesmere tract,a distance of 405.57 feet to a point for corner; THENCE South 89 degrees 27 minutes 05 seconds West, continuing across said Ellesmere tract,a distance of 300.00 feet to a point for comer; SLOPE EASEMENT THENCE North 86 degrees 49 minutes 46 seconds West, continuing across said Ellesmere tract,a distance of 200.42 feet to a point for corner; THENCE South 89 degrees 27 minutes 05 seconds West, continuing across said - Ellesmere tract,a distance of 700.00 feet to a point for corner; THENCE South 88 degrees 18 minutes 21 seconds West, continuing across said Ellesmere tract,a distance of 650.13 feet to a point for comer; THENCE South 89 degrees 27 minutes 06 seconds West, continuing across said Ellesmere tract,a distance of 325.00 feet to a point for comer; THENCE South 68 degrees 57 minutes 10 seconds West, continuing across said Ellesmere tract,a distance of 124.42 feet to a point for comer; THENCE South 24 degrees 35 minutes 08 seconds West, continuing across said Ellesmere tract,a distance of 66.27 feet to a point for comer; THENCE North 09 degrees 26 minutes 11 seconds East, continuing across said Ellesmere tract, a distance of 129.41 feet to the POINT OF BEGINNING AND CONTAINING 86,242 square feet or 1.980 acres of land,more or less. Basis of Bearing is the south property line of Presidio Vista I, Ltd., as recorded in Volume 16397,Page 276 of the Deed Records of Tarrant County,Texas,being North 89 degrees 07 minutes 09 seconds East. A Plat accompanies this legal description. _l 10 yA'," '7Eq��J DOUGLAS A.CF,LHOUN "'t4" �5619 i '9 �'tNasuav��° 1 t MATCH LINE I.H.35W ,VARIABLE _ WIDTH R.O.W.) I I j I. .I T84NG,EL8 Y0. I,I j—____________ dycPl� PROPOS jZ I I I NC[5 os 8FIL to :En Z-�' 1 tIj l IP o o IZ 0- Im ! pal' I Z, VIS ASI1.DIO7o1I ELLESMERE INVESTMENT IO_ d, VOLUME 211 CORPORATION CORPORATION O I_ 1 PAGE 27fi I I i VOLUME G617,T.0 PAGE 99 T. VICINITY MAP I I 1 1 II SLOPE EASEMENT I I 3 -,,e I � Q ! 1 o PRESIDIO VISTA I, LTD I Z = I ELLESMERE INVESTMENT VOLUME 16397, PAGE 27� I Q ! i CORPORATION ,i rc" �,,Pl� D.R.T.CT. I Ll� ! a I VOLUME 6617, PAGE 99 Q ! o I D.R.T.CT. N I ENTIRE PROPOSED NORTH TARRANT PARKWAY I ! 10! S89'27'06'W j 325.00' I ! O j I j Z 1.980 ACRES j w ! (86,242 SO. FT.) 1 o ! ! SLOPE EASEMENT I p ! ( S68'57'1O'W I !SIR'. 124.42' i' SIR S24'35'08'W 1 I - 66.27 N79'03'S8'E j I 89.43' 1 I j N09'26'11'E ; 1--� 129.41' + SIR + \ i•' '` POINT OF 1 °'74" BEGINNING `+ ` N8 '26'11'E .tl yo yy +1 ! \ N37'34'02'E \SIR V11 Q i N65'31'56'E 1j ,SIR j i 72.35' 0 50 100 ISO 200 400 TxDOT ROW MON POINT OF I SCALE IN FEET 'CM'.,-, COMMENCING A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT EXHIBIT V LEGEND ELLESMERE INVESTMENT MON• FOUND TXDOT ROW MONUMENT ,W. of Tp Q CALCULATED POINT FOR CORNER 5:•'v+gTEq':4i!' CORPORATIONSIR o YELLOW CAP STAMPEDON ROD HALIFF !e� �..\. ASSOC,INC: DOUGLAS A,CALHOUN VOLUME 6617 PAGE 99 .......... r (CM) CONTROL MONUMENT •••' D.R•T•C•T• ———— PROPOSED SLOPE LINE 9 5619 aP,1 IN THE —"— PROPOSED RIGHT-OF-WAY LINE ••�'cF 8 5+�••''Q, --"— EXISTING PROPERTY LINE �Na BURVE�c WILLIAM McCOWAN SURVEY ABSTRACT NO.999 BASIS OF BEARING IS THE SOUTH PROPERTY CITY OF FORT WORTH,TARRANT COUNTY,TEXAS LINE OF RECORDED IN NSIVO UMEVIST16397TPAGEA276 AS OF THE D.R.T.C.T.ANO BEING N89'07'09•E NORTH TARRANT PARKWAY DOE NO.: AVO: 22575 SLOPE EASEMENT °lLv.�— mOo Halff Associates Inc. DGN: SLOPE575_1.979A ATmum , 1 ��«°0rrr°oun eov�uc�roaT.'o`A�ni :npTO S DATE: NOVEMBER 2005 PAGE NO.: 3 of 4 nm.e*Te,�T.a 1:\22000s\22575\OOn\SLOPE575_1.979A.Opn 11/10/2005 2:58:28 PM User=ah402 I.H.35W IVARIABLE WIDTH R.O.W.) --____-__-__- wuo eF"�; TNMIq[nm e H SITE P PROPOSED I( I I ! I vRESD10 VISTA I.LTD[I I I ELLESMERE INVEST ENT S VOLUME 1679I i I CORPORATION K' PAGE 276 11 I I VOLUME..IT.PAGE 99 S00'32'57'E } DJLT.CT. i I D.R.T.CT. 16.69, ILII NB9-42'29'E - - - - - - - - 77.12' I - W94MTY MAP SLOPE I II EASEMENT S89'27'05'W SIR;. 1 73.7 4 dl j N8l'02'23'W O 405.57' (CM IV�yP� 1111 I W L� orl ELLESMERE INVESTMENT CL ENTIRE PROPOSED 111 I �j.j CORPORATION NORTH TARRANT PARKWAY 11 I a;-► VOLUME 6617, PAGE 99 S80'43'07'H l '° D.R.T.CT. 478.69' 1.980 ACRES I Q i SIR I (86,242 SO..FT.) I SLOPE EASEMENT S89'27'05'W PRESIDIO VISTA I, LTD P i 300.00' Q�� D� �6� D VOLUME 16. . PAGE 276 I S88'56'34'E d �Q D.R.T.CT. i I � SIR 294.13' i a I� LN86'49'46'W I— !Z o i 200.42' 1 i z I I 1 11 ?! p 1 N89'27'06'E I Ji LLQ i I 1,840.23' 3i V) d. 0 CL d. CL ' wl O of i �S89'27'05'W CL h i �I 700.00' Z ��a a_I 1 0 50 100 150 200 400 MATCH LINE SCALE IN FEET A LEGAL DESCRIPTION ACCOMPANIES THIS EXHIBIT EXHIBIT 'B' LEGEND ELLESMERE INVESTMENTFCP FENCE CORNER POST Q CALCULATED POINT FOR CORNER �'�1:'019 TER '4ff O I1/i SET IRON R00 W/PLASTIC 41 ,% CORPORATION SIR Y[LLOW CAP STAMPED 'HALFF P o Assoc., DOUGLAS A CALhIO MONUMENT VOLUME 6617,PAGE 99 (CM) coNraol MONUMENT D•R•T•C•T• ---- PROPOSED SLOPE LINE 'y 5619 T.+ IN THE ---- PROPOSED RIGHT-OF-WAY LINE '0RF6 S��?', WILLIAM McCOWANSURVEY — — EXISTING PROPERTY LINE `Ahs AUFlV 6�o0 ABSTRACT N0.999 BASIS OF BEARING IS THE SOUTH PROPERTY LINE OF CITY OF FORT WORTH,TARRANT COUNTY,TEXAS RECORDED RIN VOLUMEDIOT 16791TPAGEA'Ph AS OF THE D.R.T.C.T.ANO BEING NB9'07'09'E NORTH TARRANT PARKWAY 1P"'° .FIrtM•a �•�"�• AVO: 22575 DOE NO.: SLOPE , EASEMENT Ma�T.,�.�E. m.�e.„/✓�� Halff Associates Inc. DGN: SLOPE575_7.9798 er,r Mon QO ' ��u�'wR�" �° DATE: NOVEMBER 2005 PAGE NO.: 4 of 4 ll, ,; „;IN"m°"^ ISR .sslE I:\22000s\22575\dgn\SLOPE575_1.9T98.dgn 11/10/2005 2:59127 PM U--h402 SLOPE EASEMENT BEING 2,095 square feet of land out of the William McCowan Survey,Abstract No.999, and being a portion of a tract of land described in deed to Ellesmere Investment Corporation, N.V., a Netherlands Antilles Corporation, as recorded in Volume 6617, Page 99, of the Deed Records of Tarrant County, Texas, (D.R.T.C.T.), as corrected in Volume 6709,Page 791,D.R.T.C.T.,and being further described by metes and bounds as follows: COMMENCING at a found Texas Department of Transportation right-of-way monument on the northeast right-of-way line of U.S. Highway 287 (a variable width right-of-way), said monument being a westerly comer of said Ellesmere tract; THENCE North 65 degrees 31 minutes 56 seconds East, departing said northeast right- of-way line,over and across said Ellesmere tract,a distance of 72.35 feet to a 1/2-inch set iron rod with yellow plastic cap stamped"HALFF ASSOC.INC."(hereinafter referred to as "with cap") for comer on the proposed south right-of-way line of North Tarrant Parkway(a variable width right-of-way); THENCE North 37 degrees 34 minutes G2 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 101.68 feet to a 1/2-inch set iron rod with cap for comer; THENCE North 60 degrees 15 minutes 43 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 215.79 feet for the POINT OF BEGINNING; THENCE North 60 degrees 15 minutes 48 seconds East, continuing across said Ellesmere tract,and along said proposed south right-of-way line,a distance of 129.03 feet to a 1/2-inch set iron rod with cap for comer; THENCE South 09 degrees 26 minutes 11 seconds West, departing said south right-of- way line and continuing across said Ellesmere tract,a distance of 41.88 feet to a point for comer; THENCE South 77 degrees 49 minutes 31 seconds West, continuing across said Ellesmere tract, a distance of 107.59 feet to the POINT OF BEGINNING AND CONTAINING 2,095 square feet or 0.0481 acres of land,more or less. Basis of Bearing is the south property line of Presidio Vista I, Ltd., as recorded in Volume 16397,Page 276 of the Deed Records of Tarrant County,Texas,being North 89 degrees 07 minutes 09 seconds East. i A Plat accompanies this legal description. I �� rl 0,' kSTFrFf4 .::.........................:..... DOUGLAS......... PJ 9 5fi19 ri %O 7 �F661O?: hQ 9URVEy Tsswlc..�w. PRESIDIO VISTA I, LTD ��P VOLUME 16397,PAGE 276 INS D.R.T.CT. a VICINITY MAP I--- I— 1 I I I I I 1 -------------------- - ------------------------PROPOSED R.O.W.LINE-------- PROPOSED NORTH TARRANT PARKWAY N89'07'09'E -PROPOSED R.O.W.LINE----- 0.0481 ACRES -----------r-- — — ----- — -- - — (2,095 SO. FT.) 031 •E .. sIR ---------------- �• IaQ. DRAINAGE EASEMENT I 41.ee' 104 31 w� S09.26'11'W pOTc, i'� s��• ------I i PSIR POINT OF ELLESMERE INVESTMENT BEGINNING . CORPORATION SEE INSET VOLUME 6617, PAGE 99 D.R.T.CT: POMT OF 3W=: N COMMENCINGrREson VISTA LLrD n�e •� POINT OF VOLUME 16]97.PAGE tii I ,¢ -BEGINNING - II-Dn.ttT.- '=z4 I FIR -- --_-- --- — ---- ---- --- ----_-�. � ICYI SIR .\ SLOPE EASEMENT TOOT RORI N60'15'48'E I G'• 215.79' ELLESMERE INVESTMENT I �bi9•y1\ N37'34'02'E °E0'ii R VOLUME 66 PAAGE s9 0 25 50 75 100 200 101.68' OJLT.M. 1 N62.35'6'E 7SCALE IN FEET •yam � 72.35 ENTRE PROPOSED A LEGAL DESCRIPTION NORTH TARRANT PARKWAY ACCOMPANIES THIS EXHIBIT EXHIBIT •'B' LEGEND MON0 FOUND Tx00T ROW MONUMENT -(SO TF CALCULATED POINT FOR CORNER Gj� O1ST404 ELLESMERE INVESTMENT CORPORATION SIR O Y@CsEr IRON ROD Tr- LOW CAP STAMPED L*SALFF 't ASSDC..INc.• DOUGLAS,4,C,4LIi0UN VOLUME 6617.PAGE 99 ICLb ) CONTROL MONUMENT • ...........•••••'•�r••••• D.R,T,C.T• ———— PROPOSED DRAINAGE LINE '�yD 5619 rr; PROPOSED RIGHT-OF-WAY IN THE ----- EXISTING PROPERTY LINE LINE ��NO yURVE'10Q' WILLIAM McCOWAN SURVEY ABSTRACT NO.999 BASIS OF BEARING IS THE SOUTH PROPERTY LINE OF 1.LTD CITY OF FORT WORTH,TARRANT COUNTY,TEXAS RECORDED RESIDIO 04 VVOLUME7116397,PACER 276 AS OF THE O.R.T.C.T.AND BEING NB9'07'09'E NORTH TARRANT PARKWAY AVO: 22575 << AwM.r.<,•.,..•a.:� w> SLOPE EASEMENT ub. T�� .b.w. . A... Sp®p�H31ff AS$OC13teS Inc. DGN: SLOPE575-2095 ,T• I DATE: NOVEMBER 2005 PAGE NO.: 2 of 2 "•a;;;„a•••'°^°°°'^•�° Pm•xwn N.no .sns I:\22000s\22575\dOn\SLOPE575-2095.dOn 11/10/2005 3:01:37 PM User=ah902