HomeMy WebLinkAboutContract 52157 CITY SECRETARY
CONTRACT NO. 5a 15-7
MEMORANDUM OF UNDERSTANDING
This MEMORANDUM OF UNDERSTANDING _(this "Memorandum") is entered into on
April 10 ,2019,by and between the City of Fort Worth,Texas,a home-rule municipal
corporation in Tarrant,Denton,Parker and Wise Counties,Texas("City")by and through its duly
authorized Assistant City Manager, Jesus "Jay" Chapa, and Lennar Homes of Texas Land and
Construction, Ltd. a Texas limited partnership ("Lerm ") (collectively, the "Parties" and,
individually, a"Party"), effective upon execution by the City and Lennar.
RECITALS:
A. Lennar is under contract to purchase approximately 543 acres of land in the City
of Fort Worth generally located west of Business 287 and north of Park Drive, as shown on
Exhibit A and further described in Exhibit B (the"Property").
B. Lennar intends to develop the Property as a single-family residential development
in accordance with zoning case ZC-17-092 for East Tract 1 in Ordinance No. 22857-08-2017,
approved by the Fort Worth City Council on August 29, 2017.
C. Lennar intends to develop approximately 179 acres of the Property with a
maximum of 720 single-family residential lots as the first phase of the development, as shown on
Exhibit D("Phase I").
D. The City's Wastewater Diversion Project from Eagle Mountain to Big Fossil
Creek, City Project No. 3622, provides for design and construction of approximately 13,400
linear feet of 36-inch gravity sewer main extending from the Fossil Creek interceptor to a point
east of the Property transitioning to approximately 13,450 linear feet of 24- inch force main in
Park Drive along the southern boundary of the Property and connecting to the Dosier Creek lift
station, as shown on Exhibit C,
E. The City is unable to provide sewer services to the Property until the Eagle
Mountain Lake to Big Fossil Creek Drainage Basin Project Sewer has been completed and
accepted by the City.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein, the
parties hereto agree as follows:
1. Purpose
A. The purpose of this Memorandum is to memorialize certain understandings between the
City and Lennar to provide assurances that the City is capable of providing sewer service
to serve the Property.
QQ Fo orandum of Understanding—Page 1
CITY SECRETARY
FT. WORTH,TX
B. Both parties agree that this Memorandum does not impose any additional obligation on the
City other than those which are provided to the City's retail water and sewer customers.
2. Easements for Sewer Lines
A. The City represents that all easements necessary to provide sewer service to the property
have been acquired and recorded except for the Boaz Holding L.P. and Boa Sorte Limited
Partnership easements, which have been delivered to the City's title company for
closing. The City anticipates closing to occur on or before April 15,2019.
B. On December 11,2018,the City Council approved the acquisition of two permanent sewer
facility easements in 5.0738 acres of land,and a temporary construction easement in 2.5356
Acres of land from property owned by Boa Sorte Limited Partnership, located in the DF
McCarty Survey, Abstract No. 1497, JH Simmons Survey , Abstract No. 1486 and the
Benjamin Thomas Survey,Abstract No. 1497,Tarrant County,Fort Worth,Texas,for CPN
1309 Eagle Mountain Lake to Big Fossil Creek Diversion Pipeline Project by M&C L-
16173.These easements are currently in the process of closing with the Title Company and
the City will continue to pursue such efforts.
3. The Eagle Mountain Lake to Big Fossil Creek Drainage Basin Project
A. The Eagle Mountain Lake to Big Fossil Creek Drainage Basin Project("Project")was bid
on January 24, 2019. On March 5, 2019, the City Council authorized execution of a
contract for construction of the Project and appropriated funds for the Project (M& C C-
29052, Ordinance No. 23583-03-2019, and Resolution No. 5063-03-2019). The
contractual time to complete the Project is 280 calendar days, beginning on the date the
City issues a notice to proceed.
B. The City agrees to provide regular progress reports to Lennar on the completion of the
Project. If the City becomes aware of a change order necessary for construction, which
could increase the completion time, the City will notify Lennar as soon as reasonably
practicable. The City agrees that if any issue arises which may delay or hinder the
completion of the Project, the City shall confer with Lennar on the options to keep the
Project being completed in a timely manner.
4. Sewer Per Acre Charge
A. On January 15, 2019, the City Council approved by M&C G-19447, a Sewer Per Acre
Charge in the amount of $413.22 per acre for a sewer main extension beginning 6,738
linear feet west of 10201 Warehouse Way to serve 1,030 acres (Sanitary Sewer
Improvements to Serve Eagle Mountain-Saginaw ISD Maintenance, Transportation and
Warehouse Facility) and established a drainage basin pursuant to Chapter 35, Article I11,
Division 3, Sections 35-81 through 35-86 of the City Code.
B. On January 29, 2019, the City Council approved by M&C G-19462, a Sewer Per Acre
Charge in the amount of$113.23 per acre for a sewer main extension beginning at 9200
Memorandum of Understanding—Page 2
Boat Club Road to Serve 3,666.82 acres (Chapel Hill Sanitary Sewer Extension Phases 1
& 2) and established a drainage basin pursuant to Chapter 35, Article III, Division 3,
Sections 35-81 through 35-86 of the City Code.
C. A Sewer Per Acre Charge will be established for the 36" diameter gravity sewer line being
constructed as part of the Eagle Mountain to Big Fossil Creek Drainage Basin Project as
shown in Exhibit C.
5. Water Main Capacity Charge
On January 29, 2019, the City Council approved by M&C G- 19461 a Water Main Capacity
Charge for the 36-inch water main to serve Chapel Hill development to be $28,336.04 per
million gallons per day pursuant to Chapter 35, Article III, Division IV, Sections 35-90 and
35-92 of the City Code.
6. Notices
Any notices (unless otherwise specified herein), bills, invoices or reports required by this
Memorandum shall be sufficient if sent by the Parties in the United States mail,postage paid,
to the address noted below:
If to Fort Worth: Christopher Harder,PE
City of Fort Worth Water Department
200 Texas Street
Fort Worth, Texas 76102
If to Lennar: Justin Christ
Lennar Homes
1700 Market Place Blvd, Suite 100
Irving,TX 75063
7. Mutual Assistance
The City and Lennar will do all things reasonably necessary or appropriate to carry out the
objectives, terms and provisions of this Memorandum and to aid and assist each other in
carrying out such objectives, terms and provisions.
8. Counterparts
This Memorandum may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
Memorandum of Understanding—Page 3
IN WITNESS WHEREOF, this Memorandum has been executed as of the date set forth
above.
aC F WORT , TEXAS LENNAR IiOr ES OF TEXAS LAND
A 1) CONSTRVCPON, LTD.
By _
Jesus "Ja Chapa ,Q Its:
RECOMMENDED BY:
(y Maw
Christopher Harder, PE
Fort Worth Water Director
ATTEST: ' `-` C) WITNESS:
Mly ayser U 7 By:
City Secretary '
D AS TO FORM AND LEGALITY:
7:7V
d�
Christa R. Lopez-Reynol
Sr. Assistant City Attorney
Memorandum of Understanding—Page 4 CITY SECRETARY
FT WORTH, TX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Chris Harder, P.E. CZ 4( ''-
Name of Employee
Water Director
Title
OFFICIAL RECORD
Memorandum of Understanding—Page 5
FT. WORTH,TX
Exhibit A
Exhibit A-Memorandum of Understanding
GRAPHIC SCALE IN FEET
0 500 1000 2000
,=1000'@ 8.5x11 G(�
YOUNGBLOOD TRACT
NORTHPOINTE
543 ACRES)
NORTH FORK
M
ESTATES
P �KD�
a�
s
am
N O RT H P O I N T EKimley?�Horn
L Frrl Sufto,Teaes 75034
Exhibit A-Map of the Properly
87]J3S35B0
Fort Worth,Texas Steta of Texas Rep stratbn No.F-:8
October 24,2018 .,.... �.. � �_mm
Exhibit B
Exhibit B-Memorandum of Understanding
BEING a tract of land situated in the Benjamin Thomas Survey,Abstract No.1497,City of Fort Worth,Tarrant County,Texas and being a portion
of a called 566.415 acre tract of land described as East Tract in a deed to BOA SORTE LIMITED PARTNERSHIP,et al,recorded in Instrument
No.D205064579 of the Official Public Records of Tarrant County,Texas(O.P.R.T.C.T.),and being more particularly described as follows:
BEGINNING at 5/8 inch iron rod with plastic cap stamped"KHA"set for the southwest comer of said East Tract,located in County Road
No.4040(a.k.a.Park Lane),no record found,being the common southeast comer of a called 20.153 acre tract of land in a deed to Texas
Electric Service Company,recorded in Volume 6996,Page 1585 of the Deed Records of Tarrant County,Texas(D.R.T.C.T.),from which
a 1/2 inch iron rod found bears South 83°15'01"West,147.52 feet;
THENCE North 00*11'30"East,along the westerly line of said East Tract same being common with the east line of said 20.153 acre tract,a
distance of 6469.11 feet to a 5/8"Iron rod with plastic cap stamped"KHA"set for the northwest corner of said East Tract,being common with an
interior"ell"corner of said 20.153 acre tract,from which a 1 Inch iron rod found bears North 82°24'36"West,144.09 feet;
THENCE with the north line of said East Tract same being common with the most northerly south line of said 20.153 acre tract,the following
courses and distances:
North 89°40'29"East,a distance of 900.00 feet to a 5/8 inch iron rod with plastic cap stamped KHA set for a corner of this tract;
North 00'19'50"West,a distance of 20.00 feet to a 5/8 inch iron rod with plastic cap stamped KHA set for the northeast corner of said 20.153
acre tract,a comer of this tract and being in the south line of a tract of land described as Tract No.6 in a deed to Texas Electric Service
Company,recorded in Volume 2542,Page 1 (D.R.T.C.T.);
THENCE North 89°39'58"East,with the north line of said East Tract,same being common with the south line of said Tract No.6,a distance of
1178.84 feet to a point for corner in the approximate centerline of a creek,from which a 5/8 inch iron rod with plastic cap stamped KHA set for
reference bears South 89°39'58"West,a distance of 25.00 feet;
THENCE departing said common line,over and across said East Tract,generally along the centerline of said creek,the following courses and
distances:
South 29°42'32"East,a distance of 107.87 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 10°36'15",
a radius of 56.77 feet,a chord bearing and distance of South 00*18'53"West,10.49 feet;
With said curve to the left,an arc distance of 10.51 feet to a point at the beginning of a compound curve to the left having a central angle of
10°50'50",a radius of 54.26 feet,a chord bearing and distance of South 10°24'39"East,10.26 feet;
With said curve to the left,an are distance of 10.27 feet to a point at the beginning of a compound curve to the left having a central angle of
17°01'09",a radius of 74.22 feet,a chord bearing and distance of South 24°20'39"East,21.97 feet;
With said curve to the left,an are distance of 22.05 feet to a point at the beginning of a compound curve to the left having a central angle of
31°19'57",a radius of 22.29 feet,a chord bearing and distance of South 48°31'12"East,12.04 feet;
With said curve to the left,an arc distance of 12.19 feet to a point at the beginning of a compound curve to the left having a central angle of
43°21'05",a radius of 10.90 feet,a chord bearing and distance of South 85°51'44"East,8.05 feet;
` With said curve to the left,an arc distance of 8.25 feet to a point at the beginning of a compound curve to the left having a central angle of
13°1 1'44",a radius of 112.67 feet,a chord bearing and distance of North 65°51'51"East,25.89 feet;
With said curve to the left,an arc distance of 25.95 feet to a point at the beginning of a compound curve to the left having a central angle of
56°41'33",a radius of 37.91 feet,a chord bearing and distance of North 30*5613"East,36.00 feet;
With said curve to the left,an arc distance of 37.52 feet to a point at the beginning of a reverse curve to the right having a central angle of
71°22-30",a radius of 25.12 feet,a chord bearing and distance of North 38°15'42"East,29.30 feet;
With said curve to the right,an arc distance of 31.29 feet to a point at the beginning of a compound curve to the right having a central angle of
25°58'57",a radius of 54.91 feet,a chord bearing and distance of North 86°56'26"East,24.69 feet;
With said curve to the right,an arc distance of 24.90 feet to a point at the beginning of a compound curve to the right having a central angle of
a 31°27'41",a radius of 37.76 feet,a chord bearing and distance of South 64°20'15"East,20.47 feet;
S
With said curve to the right,an arc distance of 20.73 feet to a point at the beginning of a compound curve to the right having a central angle of
14°56'20",a radius of 90.39 feet,a chord bearing and distance of South 41°0815"East,23.50 feet;
i IN
19s
NORTH POI NTE KimigpMorn
G-Is Court
suite 2W
_ � Exhibit B-Legal Description of the Property FFft.,T953w 750 4
Fort Worth Texas State ofTmaaRegkntbn No.F428
October 24,2018
With said curve to the right,an arc distance of 23.57 feet to a point at the beginning of a reverse curve to the left having a central angle of
13°56'57",a radius of 103.59 feet,a chord bearing and distance of South 40°38'34"East,25.16 feet;
With said curve to the left,an arc distance of 25.22 feet to a point at the beginning of a compound curve to the left having a central angle of
05°27'14",a radius of 112.80 feet,a chord bearing and distance of South 50°20'39"East, 10.73 feet;
With said curve to the left,an arc distance of 10.74 feet to a point at the beginning of a compound curve to the left having a central angle of
04°07'16",a radius of 197.50 feet,a chord bearing and distance of South 55°07'54"East, 14.20 feet;
With said curve to the left,an arc distance of 14.21 feet to a point for comer;
South 72°50'34"East,a distance of 46.37 feet to a point for corner;
South 73°30'21"East,a distance of 109.94 feet to a point at the beginning of a non-tangent curve to the right having a central angle of 04°14'18",a
radius of 199.28 feet,a chord bearing and distance of North 28°53'57"East, 14.74 feet;
With said curve to the right,an arc distance of 14.74 feet to a point at the beginning of a compound curve to the right having a central angle of
04°45'10",a radius of 158.48 feet,a chord bearing and distance of North 33°23'41"East, 13.14 feet;
With said curve to the right,an arc distance of 13.15 feet to a point at the beginning of a compound curve to the right having a central angle of
04°17'19",a radius of 285.35 feet,a chord bearing and distance of North 37°54'56"East,21.35 feet;
With said curve to the right,an arc distance of 21.36 feet to a point at the beginning of a compound curve to the right having a central angle of
08°56'10",a radius of 65.83 feet,a chord bearing and distance of North 44*31'40"East, 10.26 feet;
With said curve to the right,an arc distance of 10.27 feet to a point at the beginning of a compound curve to the right having a central angle of
43°52'10",a radius of 12.07 feet,a chord bearing and distance of North 70°55'51"East,9.02 feet;
With said curve to the right,an arc distance of 9.24 feet to a point at the beginning of a compound curve to the right having a central angle of
15°13'49",a radius of 95.93 feet,a chord bearing and distance of South 79°31'10"East,25.42 feet;
With said curve to the right,an arc distance of 25.50 feet to a point at the beginning of a compound curve to the right having a central angle of
26°00'57",a radius of 48.42 feet,a chord bearing and distance of South 58°53'47"East,21.80 feet;
With said curve to the right,an arc distance of 21.98 feet to a point at the beginning of a compound curve to the right having a central angle of
23°40'28",a radius of 58.29 feet,a chord bearing and distance of South 34°03'05"East,23.92 feet;
With said curve to the right,an arc distance of 24.09 feet to a point for corner;
South 31°47'27"East,a distance of 34.82 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 02°17'55",a
radius of 286.93 feet,a chord bearing and distance of South 25°1216"East, 11.51 feet;
With said curve to the left,an arc distance of 11.51 feet to a point at the beginning of a compound curve to the left having a central angle of
03°20'47",a radius of 135.40 feet,a chord bearing and distance of South 28°01'37"East,7.91 feet;
` With said curve to the left,an arc distance of 7.91 feet to a point at the beginning of a compound curve to the left having a central angle of
02°02'20",a radius of 674.06 feet,a chord bearing and distance of South 30*43'11"East,23.98 feet;
With said curve to the left,an arc distance of 23.99 feet to a point at the beginning of a compound curve to the left having a central angle of
23°11'05",a radius of 5.28 feet,a chord bearing and distance of South 43°19'53"East,2.12 feet;
With said curve to the left,an arc distance of 2.14 feet to a point at the beginning of a compound curve to the left having a central angle of
03°48-50",a radius of 29.00 feet,a chord bearing and distance of South 56°49'50"East, 1.93 feet;
With said curve to the left,an arc distance of 1.93 feet to a point at the beginning of a compound curve to the left having a central angle of
00°14'16",a radius of 7452.97 feet,a chord bearing and distance of South 58°51'24"East,30.94 feet;
With said curve to the left,an arc distance of 30.94 feet to a point at the beginning of a compound curve to the left having a central angle of
a 00°28'57",a radius of 5956.89 feet,a chord bearing and distance of South 59*13'00"East,50.16 feet;
With said curve to the left,an arc distance of 50.16 feet to a point at the beginning of a compound curve to the left having a central angle of
01°58'44",a radius of 354.10 feet,a chord bearing and distance of South 60o26'50"East,12.23 feet;
gWith said curve to the left,an arc distance of 12.23 feet to a point at the beginning of a compound curve to the left having a central angle of
43°51'02",a radius of 12.07 feet,a chord bearing and distance of South 83°2143"East,9.02 feet;
N O RTH PO I NTE Kimley*Hom
Suae 200
9 � Exhibit B-Legal Description of the Property Fftoo.Te MU
972333.1.780
Fort Worth,Texas State of Tem Registration No.F928
n October 24,2018
With said curve to the left,an arc distance of 9.24 feet to a point at the beginning of a reverse curve to the right having a central angle of 27"10'53",
a radius of 30.48 feet,a chord bearing and distance of North 88"18'12"East, 14.33 feet;
With said curve to the right,an are distance of 14.46 feet to a point at the beginning of a compound curve to the right having a central angle of
15"57'18",a radius of 25.78 feet,a chord bearing and distance of South 70`07'42"East,7.16 feet;
With said curve to the right,an arc distance of 7.18 feet to a point at the beginning of a compound curve to the right having a central angle of
11°10'04",a radius of 52.44 feet,a chord bearing and distance of South 56°34'01"East, 10.21 feet;
With said curve to the right,an arc distance of 10.22 feet to a point for comer;
South 70"24'04"East,a distance of 36.10 feet to a point for corner;
South 72"48'45"East,a distance of 52.63 feet to a point for corner;
South 57"56'14"East,a distance of 62.13 feet to a point at the beginning of a non-tangent curve to the left having a central angle of 31"14'14",a
radius of 35.23 feet,a chord bearing and distance of South 27"14'01"East,18.97 feet;
With said curve to the left,an arc distance of 19.21 feet to a point at the beginning of a compound curve to the left having a central angle of
39"50'58",a radius of 21.99 feet,a chord bearing and distance of South 62e46'37"East,14.99 feet;
With said curve to the left,an arc distance of 15.29 feet to a point at the beginning of a compound curve to the left having a central angle of
45°55'54",a radius of 21.26 feet,a chord bearing and distance of North 74"19'57"East, 16.59 feet;
With said curve to the left,an arc distance of 17.04 feet to a point at the beginning of a reverse curve to the right having a central angle of
52e05'03",a radius of 16.79 feet,a chord bearing and distance of North 77"24'32"East, 14.74 feet;
With said curve to the right,an arc distance of 15.26 feet to a point at the beginning of a compound curve to the right having a central angle of
08"35'00",a radius of 69.64 feet,a chord bearing and distance of South 72°15'26"East,10.42 feet;
With said curve to the right,an arc distance of 10.43 feet to a point at the beginning of a compound curve to the right having a central angle of
06"11'57",a radius of 133.39 feet,a chord bearing and distance of South 64"51'58"East,14.42 feet;
With said curve to the right,an arc distance of 14.43 feet to a point at the beginning of a compound curve to the right having a central angle of
14"40'28",a radius of 61.45 feet,a chord bearing and distance of South 54"25'45"East, 15.69 feet;
With said curve to the right,an arc distance of 15.74 feet to a point at the beginning of a compound curve to the right having a central angle of
12"08'54",a radius of 89.50 feet,a chord bearing and distance of South 41"01'04"East, 18.94 feet;
With said curve to the right,an arc distance of 18.98 feet to a point for comer;
South 51"20'03"East,a distance of 88.94 feet to a point for corner that is 5 feet north of a 20 foot road easement,measured at a right angle,
4 recorded in Instrument No.D210110944(D.R.T.C.T.);
• THENCE North 86"02'06"East,passing at a distance of 25.00 feet a 5/8 inch iron rod with plastic cap stamped"KHA"set for reference and
< continuing 5 feet north of and parallel to said road easement,a distance of 211.17 feet to a 5/8 inch Iron rod with plastic cap stamped"KHA"set for
comer that is 5 feet west of a drillsite lease,measured at a right angle,recorded in Instrument No.D210110944(D.R.T.C.T.);
THENCE North 00*09'17"West,5 feet west of and parallel to said drillsite lease,a distance of 15.31 feet to a 5/8 inch iron rod with plastic cap
stamped"KHA"set for comer that is 5 feet north and 5 feet west of the northwest corner of said drillsite lease;
THENCE North 89"59'26"East,5 feet north of and parallel to said drillsite lease,a distance of 517.07 feet to a 5/8 inch iron rod with plastic cap
stamped"KHA"set for comer that is 5 feet north of the northeast comer of said drillsite lease;
THENCE South 67'07'07"East,a distance of 319.83 feet to a found fence corner post,located at a"T"Intersection of an old fence line running
north,south and east,for a comer of this tract;
THENCE South 89"49'50"East,along the fence line running in an easterly direction,a distance of 327.64 feet to a fence comer post found at
an"ell"comer of said fence,for a corner of this tract;
a
y THENCE North 00"19'30"West,along a fence line running in a northerly direction,a distance of 5.05 feet to a 5/8 Inch Iron rod with plastic cap
stamped"KHA"set for the beginning of a non-tangent curve to the left having a central angle of 04"55'10",a radius of 759.54 feet,a chord bearing
a and distance of North 47"40'53"East,65.19 feet;
& THENCE departing said fence line,with a line that is approximately 20 feet northwest of a gravel drive,the following courses and distances:
�ttR
NORTH POI NTE Ki5750 mley>�HtNn
CoW
Suke 2W
Exhibit B-Legal Description of the Property StW e T au R��.M.Y,.Na F-9.."".�
Fort Worth,Texas 972-3da Te eW RepeVatlon Na F-928
October 24,2018
In a northeasterly direction,with said curve to the left,an arc distance of 65.21 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for
corner;
North 45"13'55"East,a distance of 58.88 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for corner;
North 44"18'29"East,a distance of 107.30 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for corner;
North 42"57'27"East,a distance of 75.83 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for comer at the beginning of a
non-tangent curve to the left having a central angle of 03"53'12",a radius of 1778.38 feet,a chord bearing and distance of North 40"19'57"East,
120.61 feet;
With said curve to the left,an arc distance of 120.64 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for corner at the beginning of a
compound curve to the left having a central angle of 02"07'58",a radius of 1778.38 feet,a chord bearing and distance of North 37"19'22"East,
66.20 feet;
With said curve to the left,an arc distance of 66.20 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for comer;
North 36"23'05"East,a distance of 226.80 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for corner on the southerly line of an
east-west gravel drive;
THENCE North 00"20'02"West,departing the southerly line of said east-west gravel drive,and perpendicular to the north line of said East Tract,a
distance of 20.47 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for corner on the north line of said East Tract,same being the
south line of the above mentioned Tract No.6;
THENCE North 89"39'58"East,along the northerly line of said East Tract,same being common with the south line of said Tract No.6,a distance
of 1619.91 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for comer at the beginning of a non-tangent curve to the left having a
central angle of 2"31'42",a radius of 6341.36 feet,a chord bearing and distance of South 27"02'26"East,279.81 feet,and being located in the
westerly line of State Highway No.287,for the most easterly northeast comer of said East Tract;
THENCE in a southeasterly direction,with the easterly line of said East Tract and the westerly line of said State Highway No.287,with said curve
to the left,an arc distance of 279.83 feet to a 1/2 inch iron rod with a yellow plastic cap stamped"Brittan Crawford"found for comer,same being
the northeast corner of a called 78.286 acre tract of land described in a deed to AM of Tampa,Inc.,recorded in Volume 12361,Page 1052
(D.R.T.C.T.);
THENCE South 89"26'26"West,departing the westerly line of said State Highway No.287,with the common line of said East Tract and 78.286
acre tract,passing at a distance of 888.74 feet the northwest corner of said 78.286 acre tract,same being common with the northeast comer of a
called 5.000 acre tract of land described in a deed to Glenn L.Hulcher,et.ux.,recorded in Volume 12656,Page 2244(D.R.T.C.T.),and continuing
with the common line of line of said East Tract and 5.000 acre tract,a total distance of 1355.40 feet to a point for the common comer of said
tracts,from which a 2"metal fence post bears North 51"12'16"East,0.52 feet;
THENCE South 0"30'34"East,leaving said common comer and with the common line of said East Tract and 5.000 acre tract,passing at a
distance of 466.70 feet the southwest corner of said 5.000 acre tract,same being the most westerly northwest corner of said 78.286 acre
tract,continuing with the common line of said East Tract and 78.286 acre tract,a total distance of 2122.32 feet to a 5/8 inch iron rod with plastic
cap stamped"KHA"set for comer at the southwest comer of said 78.286 acre tract,same being the northwest terminus of a 60'right-of-way
" dedication according to North Fork Estates,an addition to the City of Fort Worth,as recorded in Cabinet A,Slide 4919 of the Plat Records of
< Tarrant County,Texas(P.R.T.C.T.);
THENCE South 0"36'39"East,with the common line of said East Tract and North Fork Estates,a distance of 1292.80 feet to a 1/2 inch iron rod
found for the northeast comer of a tract of land described as Exempted Tract One,recorded in Volume 5661,Page 229(D.R.T.C.T.);
THENCE departing said common line,with the north lines of said Exempted Tract same being common with east-west lines of said East Tract,the
following courses and distances:
South 89"47'01"West,a distance of 2761.33 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for comer;
South 88"35'01"West,a distance of 345.70 feet to a 5/8 Inch iron rod with plastic cap stamped"KHA"set for comer in the north fine of that tract of
land conveyed as Tract 3 to Roger L.Strand,et.ux.,recorded in Volume 12787,Page 404(D.R.T.C.T.);
South 89"35'51"West,passing at a distance of 332.28 feet the northwest comer of said Tract 3,same being the northeast corner of a tract of land
a described as Exempted Tract Two,recorded in Volume 5661,Page 229(D.R.T.C.T.),continuing for a total distance of 406.88 feet to a 5/8 Inch
S iron rod with plastic cap stamped"KHA"set for corner,same being the northwest comer of said Exempted Tract Two and a interior"ell"comer of
the above mentioned East tract;
e THENCE South 0"20'50"East,with the common line of said East Tract and Exempted Tract Two,a distance of 2624.31 feet to a 5/8 inch Iron rod
& with plastic cap stamped"KHA"set for the southwest corner of said Exempted Tract Two located in the north line of the above mentioned County
Road No.4040(a.k.a.Park Lane);
�se►
N O RT H P O I N T E Kimley>>>Horn
Sufte 2M
Exhibit B-Legal Description of the Property 5�75034
Fort Worth,Texas Stme of "n Reg(euaWn No.F-928
g October24,2018
THENCE with easterly lines of said East Tract,the southerly line of said Exempted Tract Two and the northerly fine of said County Road No.
4040(a.k.a.Park Lane),the following courses and distances:
North 59"59'20"East,a distance of 167.44 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set at the beginning of a tangent curve to
the right having a central angle of 13°40'02",a radius of 598.14 feet,a chord bearing and distance of North 66"49'21"East,142.34 feet;
With said curve to the right,an arc distance of 142.68 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for a southeast corner of said
Exempted Tract Two,same being in the south line of a tract of land described as Tract 1 In a deed to Roger L.Strand,et.ux.,recorded in
Volume 12787,Page 404(D.R.T.C.T.)where it intersects the common line of said East Tract and County Road No.4040(a.k.a.Park Lane);
THENCE North 89°38'52"East,with said common line,and the south line of said Tract 1,passing at a distance of 33.45 feet to the southeast
corner of said Tract 1,from which a 5/8 inch iron rod with an orange cap stamped"Hansen RPLS 4786"bears
North 01"02'06"West,9.18 feet,same being the southwest comer of a tract of land described as Tract 2 in a deed to Roger
L.Strand,et.ux.,recorded in Volume 12787,Page 404(D.R.T.C.T.),continuing with the common line of said East Tract,County Road No.4040
(a.k.a.Park Lane)and said Tract 2,a total distance of 150.66 feet to a 5/6 inch iron rod with plastic cap stamped"KHA"set for corner of said East
Tract,same also being in the north line of a called 288.719 acre tract of land described in a deed to BOAZ HOLDINGS,LP,recorded in
Instrument No.D212142260(O.P.R.T.C.T.);
THENCE South 0e26'31"West,departing the south line of said Tract 2,with the easterly line of said East Tract,the northerly line of
said 288.719 acre tract,a distance of 27.59 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set at the beginning of a non-tangent curve
to the left having a central angle of 28"07'15",a radius of 548.14 feet,a chord bearing and distance of South 74e12'29"West,266.34 feet,same
being the most southerly southeast corner of said East Tract and being located in the above mentioned County Road No.4040(a.k.a.Park
Lane);
THENCE with the common lines of said East Tract and BOAZ HOLDINGS tract,generally along said County Road No.4040(a.k.a.Park Lane),
the following courses and distances:
With said curve to the left,an arc distance of 269.03 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set for comer;
South 59"59'01"West,a distance of 357.66 feet to a 5/8 inch iron rod with plastic cap stamped"KHA"set at the beginning of a tangent curve to
the right having a central angle of 15"31'55",a radius of 598.14 feet,a chord bearing and distance of South 67"44'59"West,161.65 feet;
With said curve to the right,an arc distance of 162.15 feet to a 5/8 inch Iron rod with plastic cap stamped"KHA"set for corner;
South 89°51'43"West, a distance of 1511.21 feet to the POINT OF BEGINNING and containing 543.019 acres(23,653,887 square feet)of land,
more or less.
go
i
S
NORTH POI NTE S750 KimIgpMorn
S!I Exhibit B-Legal Description of the Property B��7sw4
i Fort Worth,Texas Stake of Tmcu Registration No.F-979
October 24,2018
Exhibit C
Exhibit C-Memorandum of Understanding
11111131
I HM,"
X'I,iw+vp
�MtIK5
X-A
lr=
Nam— 'o
mllwww-�;m
2w�
IM
Mom
7z
il-1
Iffl: ml yj I:]=LCJIL _u AITH
r.1111/1111f1111 11/fill it
ki
I IL
'am.
Mft,
m-44
Zz V=:=
Ma
'12 0 WIEN
� 11111
�oux""
f SEE,
p lilt
Iffill
Rly FORT WO
Fm '-v N
�9
Ll •-. '1 .,�`''� .s >k. .ram � I,
1'!.�/�q • "[ t t .a I 9 .® p9gc Fl�ti+Q<'/�
Av
rM
BERM
Lumm
rj��i � .r! s,5�� -`ts,. my��{,•pn Eti��J`rEiiq.1 � `�
I Lim
�1�:�..^y;;z8i1;+;v{'' iL7C'.n mil� .Z•lr ��� 7�Fti��E�Q :!�
42-°-�ilve`L'[(K ''� ��` i�1 ix .i"r}�` �ll,Jlf, I ri f[ ..� �`-,^rt;�.. i y � Q6� •[;tlt �c(.'•,-Tip 1
i�-v, � .; :,C,-'•� i �i r tr (( � 3 C:lf�g CiILV,. '-+l/, ':
�✓J'�(i 1��11f1/ 1(�f{��1����\y,',Iry �6,..��>i �y� �t�i� $-;�\�� s.sr • , -..,1��I��f::iRV1�GVI�CI Y•'�1F3�����'j`S
►`u�V► )Ifll�lllll((�rI•�.:5,. :: tiit ,"� •` 31.�v1�-py` • .;r/cr,,�Y �:E13`+.vre•. rty` g1•:S: ,�.r+�
6v J�• C!0?` �/s.- Y, , :Cr71Gl':i:..:C+ems ;��i�1p9�`� `Inl.�,l i I.:i ,if�r.1 �� - _:'i�5
►pq�'hpslYr)��o'c�.t`a ,..SIS iii!.. � � i [� �,_=[Irlll.rl + ,� � y �e .v�...-
ii fYYlp J.a� 0y,��vy • y fit, ,f llliiiui i=
,p ti�{I"1 '{'p`.!t��5,�..,'a,P'Z.�Yo. 4 F�. ';1' .��` �.uu'll.- r � � • -
/ir{ y72 it �RC'4C' O':1'�� V•'�=•��54~.r=� ! - ?y1 r -'.w .�1�`,af.NI11NN1 fn�.[.11:.:. y� ��:
I,�e A' • t7 f I�. ►y�{f� .r5l:,t• ♦ i`,p�. .•9� .t �..�' �'--, `,pv nl,l,w [I'ayw ;�"ao
=: s•9 -«e-vi/ , t _ ,ioel`„oa.
'+� �} y t :}a�v.:QYµ`t�[•`•+ 4�0< <ll�� n. .Y��;t .Y ..; umuN + _If""Ii..lt ` ^.
wo�s� .jIA a oyr,;r ''�a n k'n Qhy��r�♦ -,+`..7 t '�� , 'a'.IINIII�.. ........... �..... ,P���-sue
1 4 4: y b♦ 'r"L b !.i�dt O { �, t .` Ill:gt)il:�`• i
{,i � AS;:pzer i1L F v ���7� ° z-F'�.,[.1..1 a Ili,•, /�r�`�1 Q [.N l.:u.:r: tf fly� 'Y�` +i
'\'r.,14 Ir` ��,9'V°): ,, 4 r1 4�f.� 1+ -{ �'�•x.�l= - 111111111111111� l5 1 1/11.1111 1.i r,�. r. :3i
r.�Qaa•� k'' �� �ib� i b+a 1117tiL b i, �\1 � ) F��`I '.: 1111 NIN11111: .t� . III(IIIII i:I.:. �i 7 11 71:111•
tr• ' "a �6d• +4� M !� gJ11��Y'k :7r �?= r�'��? niu[.Ndur,•i Ln. a;mini t ...2.
V {y a' `< rys .�. , � �;1 } rt r}; •IIIII_ 11.off 1II{I
11-8`Ai ad. ;+,51� �4v .,,.' '��` ) �` `, �� .:f•x,-y�••a _ 1[I[il[[IyZ,X[I�I[[IIIIIII x[ `'I
Npuu
-
Ai� ARMr 4t. L {�, 71 art E':�i•_ _
i y� / n`t r A� �!P ,.: Y Yet^':�. tlei III IIIII IIIrI' F�� I F i�:., "+•'C 1 -l7 bits` 1 -
S
•w ."{Vi.•L7;{' �} i{I� 1' A 111 i' t',+k t" 'i,3t�L.' h � � _
Q r11 F4.i1M � r:, rt'.��.11 �it) � �' rJINYI: 4.1��_��..._ < l\ E. a•ey +['I't it ,1 _ _
1•A;• r111,u`. •1' �.H�W \,1111111 tll:l _ _ 7 ♦ { '., ,�.:
�CS •JiA'�• ]�*y/� �i::t��t�t� +•" Ad.�j r!'r.,11N_== =c =_ _-- - re ;�t °*s t,T t A' t �- �-
irM-L r�r''"�� a-.Y�H�����IY�LZr,�s�ti�.1: � , .8� �:_-[�I�Ill,;'_w � - C �.�[ , t 7l�-}j t a I'i��-•'�: ��
4g Z f a,� .w' I I14 Ilt �, ry�1 [. t �p -�i,lli•:
a�a. 0 -;`\,�v3eec��a."..x,. y���'* "-` i`y�" pe" T � t st y> •rlllr[.
1 a+'- q •c�d hW'b'4 i1't:[�r` ro - � � + ? lit"�s f ._ _ 1 rr/Iqullt
i n 5t W - �[. d�acCG�a-�✓Y=7 �' s �h1(tf 7�-�" 1 a!'a� - �-a z ,1 - „ t f•11'�t,".
tf ems.. �i`v {>�•� ttp ;c. SI i{s rf! ; i' . ra Ya ° J }1. pp fX
Sir.I 0` •'rd• I �� r^i.'r'• `y � - ��.`� 1 ra iI1N111 �� � .,,. ,�.. } �g ! :�.r �1 Iwl
i s; -.�
3 U, 1�♦ •r v .zr r.a 4, f 7}+ > u 1 �t�^.�1, tkl k l` � • r x f 7�, r !
G t rti ; t x f 11 M{ ' .'f F ,[ .p 1 •: _v`�- '• <'> t y t .r --.
t
I..�?�: .`,�'7".[I��.�►ILJ [ ntf�r�rwro)In�1r�j i.(1(T i� .'eA - _4r r �- -e _e�•j '1 'F�.,I '�•.,I .l ..�}.S�Q- x Q
s�; `M�,� ��a._,, ' 'ro'�,��r�,Sjlllr: � �;,t;-'�_'tr'- I ulr,fe 5•���Ili llrilnlu,Fi"1 • � � ? '`t e� '�t _
• �, � liill�l `HI z Ola Pull 1}E1 d11
7 iIra _ {£
pc!�Oif111111 _� t+{ 4-.� .MINI • 1¢. ■ rx � -�� �f�„F ;_i y, � '}i{j�
.�..[_-__ a e. _ .� � '� __1iWOAY '��_-, eo. __� �)LLt -_
IIiI� _'e ili il- '� ! r 34� _ taei _ i ° W v iii 3 t ^
Ilill/ �•'/ ...........•_` 1r•�. r hi.'lEl by1pt,ee®®a J '..--�i 1 ,-.1 FFpyp
i(III III 111,1111111111III �� _ � li (/x]�� Ns. -
,101uI. IIIIIIIu1111bNN1_R, ,VA do=
Exhibit D
Exhibit D-Memorandum of Understanding
�r
� 11111111111111. -
,/•.,, hIf! -11IIlIIIINI IMc mm
11111111111111 IIIIII •
SE
oil
NA UP,
NMI
gm
ICl//��� � _ _� =IIIIII � =� •
C,�CSC J �_�_��►a♦,�,'��\,'� •lam
����� ������� i 4��� ii�, ��� ■11111111111111� �IIIIIItr�
,� p��0��� ��\IIIIIIIIII ■■ =11►/ � 111�::�� , = 111111/� I����'
11►������ �/llll►� � ��I� ► I�� ��/' - 1111111111��/O�
�� IIIIIIIIIIIIIIIIIIIIIII ,' , ���i���j : I� ��
�- 11111{IIIIIHII IIIINIIIII{II0111111 jTZ, ��i�. -�������•�'�•;�o���,00` 1-
�_� illllllllllplll 1= Itlllllllllllllllllllll rII �I � � o`O ������� �� p
p�I111111 11111 ��illllllllllll��� Q � I�I� I� y i� *��/O
�111111111 III/ ♦j�j�IIIIIIIrj �� +I� ���� ii ��`��� ��III C
� 11111� . rr� ..lil► /lllll
` 1111111111111111�� � i� 111lU11►�I I%�IIIII►�1��,�/1%��)
QIIV