HomeMy WebLinkAboutContract 36195-A2 CITY SECRETARY. ` -
15 CONTRACT NO.
AUG 2 4 WOE AMENDED AND RESTATED UTILITY AGREEMENT
GRA�� FOR MORNINGSTAR RANCH
This Amended and Restated Utility Agreement ("Agreement") is entered into by the City of
Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton and Wise
Counties, Texas (the "City"); Morningstar Ranch Municipal Utility District No. 1 of Parker
County ("District One"), and Morningstar Ranch Municipal Utility District No. 2 of Parker
County ("District Two"), municipal utility districts created by the Texas Commission on
Environmental Quality (the "TCEQ") pursuant to Article XVI, Section 59, of the Texas
Constitution and operating under Chapters 49 and 54 of the Texas Water Code (individually, a
"District" and, collectively, the "Districts"); and FWFW Holdings, Inc. and FG Aledo
Development, LLC (collectively, "Owner"). The City and the Districts are hereinafter
sometimes referred to, individually, as a "Fart " and, collectively, as the "Parties." This
Agreement will take effect upon execution by all Parties (the "Effective Date").
RECITALS
A. The City and WYA The Ranch at Mary's Creek, Ltd. previously entered that
certain Utility Agreement for Morningstar Ranch dated January 29, 2008 (the "Original
Agreement") (City Secretary Contract No. 36195) to provide for water and wastewater
service to a master-planned community to be known as Morningstar Ranch. The City and
WYA The Ranch at Mary's Creek, Ltd. entered into an amendment dated May 14, 2011 (the
"First Amendment") to the Original Agreement (City Secretary Contract No. 36195-A1).
B. On December 4, 2007, the City Council of the City of Fort Worth (the "City
Council") adopted Resolution No. 3560-12-2007 consenting to creation of District One and
Resolution No. 3561-12-2007 consenting to creation of District Two (the "Consent
Resolutions").
C. By Order dated August 3, 2009, the TCEQ created District One
encompassing approximately 375.47 acres, as more particularly described in Exhibit A attached
to this Agreement. By Order dated July 17, 2009, the TCEQ created District Two encompassing
approximately 356.829 acres, as more particularly described in Exhibit B attached to this
Agreement. The land within District One and the land within District Two shall collectively be
referred to as the "Property." The Property lies entirely within the City's extraterritorial
jurisdiction ("ETJ").
D. On December 4, 2007, the City Council approved that certain Agreement
Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No. 1 of
Parker County (City Secretary Contract No. 36198, M & C-22562) and that certain Agreement
Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No. 2 of
Parker County(City Secretary Contract No. 36199, M &C-22562)(the "Consent Agreements).
E. In accordance with the Consent Agreements, after their confirmation the Districts
became Parties to the Original Agreement.
F. WYA The Ranch at Mary's Creek, Ltd. no longer hold qV;F10KtvRWQR1D
1 CITY SECRETARY
FT.WORTH,TX
Property.
G. On _, the City Council approved that certain Restatement of and
Amendment to CSC No. 36202 Development Agreement Between the City of Fort Worth,
Texas and FWFW Holdings, Inc. and FG Aledo Development,LLC for Morningstar.
H. Owner intends to develop the Property as a mixed-use master-planned community.
L FWFW Holdings, Inc. and FG Aledo Development, LLC intend to develop the
Property as a mixed-use master-planned community.
J. The Property is located in an area for which no certificate of convenience and
necessity ("CCN") has been issued for retail water or wastewater service.
K. Per the approved water study on November 10, 2014, the water infrastructure
system is designed to serve the land between the 840' contour and the 920' contour is located on
the Westside W pressure plane, (the "Westside IV Property"), and the land at 920' contour and
above is located on the Westside V pressure plane, (the "Westside V Property"). The City
constructed a water treatment plant at 11800 Old Weatherford Road, which is serving the western
sector of the City (the "Westside Treatment Plant").
L. The Parties have reached certain revised agreements regarding the
provision of water and wastewater service to the Property by the City and wish to
amend and restate the Original Agreement and the First Amendment to reflect such
agreements.
NOW, THEREFORE, for and in consideration of the mutual agreements, covenants and
conditions hereafter set forth, the Parties contract and agree as follows:
ARTICLE I
WASTEWATER SERVICE, INFRASTRUCTURE AND CHARGES
1.01 Wastewater Service. The City shall provide retail wastewater collection and
treatment service to customers within the Property, subject to the Districts' and Owner's
performance of their obligations under this Article 1.
1.02 Off-Site Wastewater Line. Owner, on behalf of the Districts, shall design and
construct or cause to be designed and constructed approximately 2.64 miles of 15-inch sanitary
sewer main connecting the eastern boundary of the Property to the existing City system, with the
final alignment to be determined by the City after consulting with the Owner and making
reasonable efforts to address and Owner's concerns regarding its alignment and to select a
cost-effective alignment (the "Off-Site Wastewater Line"). Owner shall be entitled to
reimbursement from the City for the cost -of oversizing the Off-Site Wastewater Line pursuant to
and in accordance with Section 3.05.
1.03 On-Site Wastewater Infrastructure. Owner, on behalf of the applicable District,
shall design and construct or cause to be designed and constructed wastewater collection lines
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on the Property as needed to provide wastewater service to the proposed development on the
Property. Owner on behalf of the Districts, shall also install an 8-inch sanitary sewer line from
the Little Mary tributary to the southwest and terminating at Old Weatherford Road in Phase
2. On-site sewage treatment and disposal facilities are prohibited on the Property. On-site
infrastructure within the spine road is the wastewater main between the Off-Site Wastewater Line
and the wastewater mains within the proposed subdivision plats.
1.04 Tap Fees; Impact Fees.
(a) Tap or service connection fees for wastewater service provided within the
Property (excluding Impact Fees as herein defined) shall be the same as if the services are
provided within the City's corporate limits, but only to the extent that such fees are not Impact
Fees.
(b) The City may collect the maximum assessable wastewater impact fees (based on
the meter size) for the costs of capital improvements or facility expansions necessitated by and
attributable to the development of the Property ("Impact Fees"), as determined by the City from
time to time in accordance with Chapter 395 of the Local Government Code ("Chapter 395").
The Districts or Owner shall pay or cause to be paid Impact Fees at the time a Building Permit is
issued. Payments to the City pursuant to this Section 1.04(b) are not contingent upon the
Districts' collection of such amounts, and may be paid from the Districts' operation and
maintenance tax revenues or any other source of District funds.
1.05 Certificate of Convenience and Necessity. The Districts and owner will support the
City in obtaining an amendment to the City's CCN to include the Property. The Districts and
Owner shall cooperate with the City on the CCN application process. The Parties agree that they
shall execute and deliver such other and further assurances, instruments and documents as are or
may become necessary or convenient to effectuate and carry out the intent of this Section.
ARTICLE H
WATER SERVICE, INFRASTRUCTURE AND CHARGES
2.01 Water Service. The City shall provide retail water service to customers within the
Property, subject to the Districts' performance of their obligations under this Article II.
2.02 Off-Site Water Lines. Owner on behalf of the Districts, shall design and construct
or cause to be designed and constructed (collectively, the "Off-Site Water Lines"): (i)
approximately 2.55 miles of Westside V Pressure Plane line from the Pumping Station to the
proposed School Road; the line shall be 16-inch; and (ii) approximately 2.17 miles of
Westside IV Pressure Plane line from the southeast corner of the Property (Old Weatherford
Road) to the connection point of the existing 30-inch water line in Walsh Ranch; the line
installed shall be 16-inch. Per the approved water study on November 10, 2014, the water
infrastructure system is designed to serve the land between the 840' contour and the 920'
contour is located on the Westside IV pressure plane, (the "Westside IV Property"), and the
land at 920' contour and above is located on the Westside V pressure plane, (the "Westside V
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Property"). Owner shall be entitled to reimbursement from the City for the cost of oversizing the
Off-Site Water Lines pursuant to and in accordance with Section 3.05.
2.02 On-Site Infrastructure. Owner, on behalf of the applicable District, shall
construct or cause to be constructed all on-site water distribution lines necessary to serve the
Property. Owner shall design and construct the on-site water distribution lines to include capacity
sufficient for potable water service, irrigation service, and fire protection for the areas served by
those lines. Neither the Districts nor Owner will drill water wells for potable water usage. On-site
infrastructure within the spine road is the water main between the Off-Site Water Line and the
water mains within the proposed subdivision plats.
2.03 Meters. The Districts or owner shall install or cause to be installed a water meter
for each connection. Single-family residential meters for potable and irrigation water shall
comply with City standards and shall be a minimum of three-quarter (3/4)inch in diameter and
may be larger in diameter, at the Districts' or Owner's option. The minimum water tap size
between the meter and the water main is 1-inch. Meters for nonresidential uses shall be sized
based on potable and fire flow/fire suppression requirements and shall comply with City
standards.
2.04 Tap Fees, Impact Fees.
(a) Tap or service connection fees for potable water service, irrigation service, or
fireline provided by the City within the Property (excluding Impact Fees) shall be the same as if
the services are provided within the City's corporate limits.
(b) The City may collect the maximum assessable water impact fees (based on the
meter size) for the costs of capital improvements or facility expansions necessitated by and
attributable to the development of the Property ("Impact Fees"), as determined by the City from
time to time in accordance with Chapter 395. The Districts or Owner shall pay or cause to be paid
Impact Fees at the time a Building Permit is issued. Payments to the City pursuant to this
Section 2.04(b) are not contingent upon the Districts' collection of such amounts, and may be
paid from the Districts' operation and maintenance tax revenues or any other source of District
funds.
2.05 Annexation Notices to Customers. The City may place the following notice or a
substantially similar notice on water bills sent to customers within the Districts: "This service
address is inside the boundaries of a municipal utility district that may be annexed in the future
by the City of Fort Worth."
2.06 Certificate of Convenience and Necessity. The Districts and owner will support the
City in obtaining an amendment to the City's water CCN to include the Property. The Districts
and Owner shall cooperate with the City on the CCN application process. The Parties agree that
they shall execute and deliver such other and further assurances, instruments and documents as
are or may become necessary or convenient to effectuate and carry out the intent of this Section.
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ARTICLE III
PUBLIC INFRASTRUCTURE; GENERAL PROVISIONS
3.01 Design and Construction of Public Infrastructure. Owner shall submit construction
plans for the Off-Site Wastewater Line, the Off-Site Water Lines, and on-site water and
wastewater lines (collectively, the "Public Infrastructure") to the City for review, approval of the
plans, and approval to commence construction. The Public Infrastructure shall be designed
and constructed in accordance with the Infrastructure standards required by, and subject to
inspection by the City in accordance with, Article VI of the Consent Agreements. All Public
Infrastructure shall have a Community Facilities Agreement, financial guarantee and associated
inspection and material testing fees submitted to City for review and approval. The financial
guarantee for the Off-Site Water and Wastewater Lines Community Facilities Agreement cannot
be a completion agreement. The City will not approve the construction of any on-site Public
Infrastructure including the on-site spine road Public Infrastructure until the Off-Site Wastewater
Line and Off-Site Water Lines have approved plans, have all the easements or have started the
easement condemnation process, Council approval for all off-site water and sewer cost
participation and executed off-site community facility agreements. No final plats will be
approved for filing, until the Off-Site Wastewater Line, the Off-Site Water Lines, the Water Line
in the On-Site spine road, and on-site Water and Wastewater Lines to serve onsite Public
Infrastructure have been constructed and accepted by the City as provided by Section 3.03. City
will review and issue building permits after all on-site utilities (including the utilities within the
proposed platted boundaries) are constructed and accepted by the City.
3.02 Easements and Rights-of-Way. All easements or rights-of-way required for the
installation of the Public Infrastructure shall be granted or acquired by the Districts or Owner and
dedicated jointly to the Districts and the City, at no cost to the City, and shall be in the form
reasonably required by the City for such types of easements.
3.03 Dedication and Ownership of Public Infrastructure; Capacity.
(a) Upon approval and acceptance by the City, Owner shall convey or cause to be
conveyed legal title to the Public Infrastructure to the City; however, each District shall have a
continuing right to require the City to utilize a portion of the capacity in the conveyed Public
Infrastructure equal to the capacity funded by or on behalf of such District, up to the capacity
necessary to serve the Property, which capacity shall be made available by the City at all times as
necessary to provide water and wastewater service to customers within such District. The City
will not accept any on-site Public Infrastructure until the City has accepted the Off-Site
Wastewater Line and Off-Site Water Lines.
(b) In the transfer of any Public Infrastructure to the City pursuant to this Agreement,
the Owner covenants and agrees to take or cause to be taken such actions and execute,
acknowledge and deliver, or cause to be executed, acknowledged and delivered, such instruments,
documents, transfers and conveyances as may be required to convey, transfer and deliver the
facilities, confirm the ownership of the transferred assets, and discharge any encumbrances
against the transferred assets that are outstanding as of the date of transfer.
3.04 Repair and Maintenance of Public Infrastructure. Upon dedication of Public
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Infrastructure to the City, the City shall operate and maintain the Public Infrastructure.
3.05 Recovery of Oversizing Costs. The City shall have the option to require oversizing
of the Off-Site Wastewater Line and Off-Site Water Lines above the sizes required by this
Agreement. Provided that the construction has been publicly bid in accordance will all legal
requirements applicable to municipal utility districts, the City shall reimburse Owner for the cost
of any oversizing requested by the City. Oversizing requested by other landowners shall be
subject to cost contribution at the time the project proceeds to construction.
3.06 Oversizing of Public Infrastructure. The City shall not require the Districts or
Owner to construct or pay for oversizing of Public Infrastructure, except as expressly provided
herein.
3.07 Rates. The City shall provide retail water and wastewater service at the rates
established by the City Council for service outside the City's corporate boundaries, as amended
from time to time.
3.08 Districts' Responsibilities for Infrastructure. Each District and Owner shall be
responsible for constructing the Public Infrastructure to serve the residents within such
District.
3.09 Design and Construction of Roadway and Stormwater Infrastructure. All on-
site and off-site roadway and stormwater infrastructure shall be designed and constructed to
the City standards per the City's adopted March 10, 2009 Subdivision Ordinance Section
31-105 Storm Water Management, Section 31-106 Street Design Standard and integrated
Stormwater Management ("iSWM") Criteria Manual for Site Development and
Construction adopted August 1, 2012, with any adopted amendments to the subdivision
ordinance and the iSWM.
3.10 Maintenance of Old Weatherford Road. Until such time as Old Weatherford
Road is improved by the Districts or Owner on behalf of the Districts to serve the Property,
Parker County shall be responsible for maintenance of such Road. Prior to commencing
construction of improvements to Old Weatherford Road to serve the Property, the Districts
shall negotiate and enter into an interlocal agreement with Parker County whereby the
Districts agree to maintain, as provided in Section 3.11, the portion of Old Weatherford
Road adjacent to the Districts' boundaries.
3.11 Repair and Maintenance of Roadway and Stormwater Infrastructure. The
Districts shall enter into an agreement with a third party for repair and maintenance of on-
site and offsite roadway and stormwater infrastructure that the Districts own or have the
right to maintain. The maintenance agreement shall include an annual evaluation of the
roadway/stormwater infrastructure paid for by the Districts and submitted to the City for
review. If deficiencies are identified in the annual evaluation, the Districts shall perform the
required rehabilitation at their cost. This maintenance period continues until such time as
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the City annexes the Property into the City's corporate boundaries or the City determines
that the Property will not be annexed. All on-site and offsite roadway and stormwater
infrastructure that the Districts own or have the right to maintain, including Old
Weatherford Road, shall be maintained by the Districts and subject to the annual evaluation,
City review and appropriate ongoing rehabilitation and maintenance.
ARTICLE IV
OWNERSHIP, LIABILITY AND INDEMNIFICATION
4.01 Liability and Ownership. As between the Districts, Owner, and the City,
responsibility for the operation of the Public Infrastructure, including damages related
thereto, shall remain with the Districts and Owner until such infrastructure is conveyed to
and accepted by the City. The City shall be responsible for the operation of the Public
Infrastructure transferred to it, but only those damages related to the acts and
occurrences after the date of transfer.
4.02 Indemnity. To THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, THE DISTRICTS AND OWNER (EACH AN "INDEMNIFYING PARTY") AGREE TO
INDEMNIFY AND DEFEND THE CITY AND ITS OFFICERS, ELECTED OFFICIALS,
EMPLOYEES,AGENTS,ATTORNEYS, CONSULTANTS,CONTRACTORS,SUCCESSORS
AND ASSIGNS WITH REGARD TO ANY AND ALL CLAIMS, LOSSES, DAMAGES,
LIABILITIES, LIENS, FINES, SUITS, JUDGMENTS, ADMINISTRATIVE PROCEEDINGS,
REMEDIATION OR CORRECTIVE ACTION REQUIREMENTS, ENFORCEMENT
ACTIONS,AND ALL COSTS AND EXPENSES INCURRED IN CONNECTION THEREWITH
(INCLUDING,BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES, COSTS OF
INVESTIGATION AND EXPENSES, INCLUDING THOSE INCURRED BY THE CITY IN
ENFORCING THIS INDEMNITY), DIRECTLY OR INDIRECTLY ARISING OUT OF,
CAUSED BY OR RESULTING FROM (IN WHOLE OR IN PART) ANY BREACH OF THIS
AGREEMENT BY SUCH INDEMNIFYING PARTY(COLLECTIVELY,"LIABILITIES")
4.03 Governmental Powers; Waiver of Immunity. By execution of this Agreement,
the City does not waive or surrender any of its governmental powers, immunities or rights,
except as specifically waived pursuant to this section. The City waives its governmental
immunity from suit and liability only as to any action brought by a Party to pursue the
remedies available under this Agreement and only to the extent necessary to pursue such
remedies. Nothing in this section shall waive any claims, defenses or immunities that the
City has with respect to suits against the City by persons or entities not a party to this
Agreement.
ARTICLE V
MISCELLANEOUS
5.01 Governing Law, Jurisdiction and Venue. THIS AGREEMENT MUST BE
CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
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TEXAS,AS THEY APPLY TO CONTRACTS PERFORMED WITHIN THE STATE OF TEXAS
AND WITHOUT REGARD TO ANY CHOICE OF LAW RULES OR PRINCIPLES TO THE
CONTRARY. THE PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS
PERFORMABLE IN TARRANT COUNTY, TEXAS, AND HEREBY SUBMIT TO THE
JURISDICTION OF THE COURTS OF TARRANT COUNTY,TEXAS,AND HEREBY AGREE
THAT ANY SUCH COURT SHALL BE A PROPER FORUM FOR THE DETERMINATION OF
ANY DISPUTE ARISING HEREUNDER.
5.02 Notice. Any notices, certifications, approvals, or other communications required
to be given by one Party to another under this Agreement (a "Notice") shall be given in writing
addressed to the Party to be notified at the address set forth below and shall be deemed given:
(a) when the Notice is delivered in person to the person to whose attention the Notice is
addressed; (b) when received if the Notice is deposited in the United States Mail, certified or
registered mail, return receipt requested, postage prepaid; (c) when the Notice is delivered by
Federal Express, UPS, or another nationally recognized courier service with evidence of delivery
signed by any person at the delivery address; or (d) five business days after the Notice is sent by
FAX (with electronic confirmation by the sending FAX machine) with a confirming copy sent by
United States mail within 48 hours after the FAX is sent. If any date or period provided in this
Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the
Notice shall be extended to the first business day following the Saturday, Sunday, or legal
holiday. For the purpose of giving any Notice, the addresses of the Parties are set forth below.
The Parties may change the information set forth below by sending Notice of such changes to the
other Parties as provided in this section.
To the City:
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: City Secretary
FAX: 817-392-6196
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: City Manager
FAX: 817-392-6134
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: Water Director
FAX: 817-392-2398
To the Districts:
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Morningstar Ranch Municipal Utility District No. 1 of Parker County
c/o: Coats Rose
5420 LBJ Freeway, Suite 600
Dallas, Texas 75240
Attn: President
FAX: 972-982-8451
Morningstar Ranch Municipal Utility District No. 2 of Parker County
c/o: Coats Rose
5420 LBJ Freeway, Suite 600
Dallas, Texas 75240
Attn: President
FAX: 972-982-8451
To Owner:
FWFW Holdings, Inc.
FG Aledo Development, LLC
c/o: Lackland Holdings
3045 Lackland Road
Fort Worth, Texas 76116
FAX: 817-732-2291
5.03 Assignment.
(a) Neither the Districts nor the City may assign this Agreement without the written
consent of the other Parties.
(b) Owner has the right, from time to time, to assign this Agreement, in whole or in
part, and including any obligation, right, title, or interest of Owner under this Agreement, to any
person or entity (an "Assignee") without the consent of the City, provided that the following
conditions are satisfied: (1) Assignee is a District, a successor owner of all or any part of the
Property or a lender to a successor owner of all or any part of the Property; (2) the assignment is
in writing executed by Owner and Assignee in the form of assignment attached as Exhibit F: (3)
Assignee expressly assumes in the assignment any assigned obligations and expressly agrees in
the assignment to observe, perform, and be bound by this Agreement to the extent this
Agreement relates to the obligations, rights, titles, or interests assigned; and (4) a copy of the
executed assignment is provided to all Parties within fifteen (15) days after execution. Provided
the foregoing conditions are satisfied, from and after the date the assignment is executed by
Owner and Assignee, the City agrees to look solely to Assignee for the performance of all
obligations assigned to Assignee and agrees that Owner shall be released from performing the
assigned obligations and from any liability that results from the Assignee's failure to perform the
assigned obligations. No assignment by Owner shall release Owner from any liability that
resulted from an act or omission by Owner that occurred prior to the effective date of the
assignment. Owner shall maintain written records of all assignments made by Owner (including,
for each Assignee, the Notice information required by this Agreement, and including a copy of
each executed assignment) and, upon written request from any Party or Assignee, shall provide a
copy of such records to the requesting person or entity. It is specifically intended that this
Agreement, and all terms, conditions and covenants herein, shall survive a transfer, conveyance,
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or assignment occasioned by the exercise of foreclosure of lien rights by a creditor or a Party,
whether judicial or nonjudicial. This Agreement shall be binding upon and inure to the benefit
of the Parties and their respective successors and Assignees.
(c) Owner and Assignees have the right, from time to time, to collaterally assign,
pledge, grant a lien or security interest in, or otherwise encumber any of their respective rights,
title, or interest under this Agreement for the benefit of their respective lenders without the
consent of, but with prompt written Notice to, the City. The collateral assignment, pledge, grant
of lien or security interest, or other encumbrance shall not, however, obligate any lender to
perform any obligations or incur any liability under this Agreement: (a) unless the lender agrees
in writing to perform such obligations or incur such liability; or (b) unless the lender holds fee
simple title to any portion of the Property and elects to or proceeds to develop such portion under
this Agreement, in which case the lender shall be bound by this Agreement and shall not be
entitled to the rights and benefits of this Agreement with respect to such portion of the Property
until all defaults under this Agreement with respect to the acquired portion have been cured.
Provided that the City has received a copy of the applicable collateral assignment, including
Notice information for a lender, then that lender shall have the right, but not the obligation, to
cure any default under this Agreement and shall be given a reasonable time to do so in addition
to the cure periods provided by Section 5.12 of this Agreement; and the City agrees to accept
such cure as if offered by the defaulting Party. A lender is not a Party to this Agreement unless
this Agreement is amended, with the consent of the lender, to add the lender as a Party or unless
the lender holds fee simple title to any portion of the Property and elects to or proceeds to
develop such portion under this Agreement. Notwithstanding the foregoing, however, this
Agreement shall continue to bind the Property and shall survive any transfer, conveyance, or
assignment occasioned by the exercise of foreclosure or other rights by a lender, whether judicial
or nonjudicial. Any purchaser from or successor owner through a lender of any portion of the
Property shall be bound by this Agreement and shall not be entitled to the rights and benefits of
this Agreement with respect to the acquired portion of the Property until all defaults under this
Agreement with respect to the acquired portion of the Property have been cured.
5.04 Amendment. This Agreement may be amended only with the written consent of
all Parties and with approval of the governing bodies of the City and the Districts.
5.05 No Waiver. Any failure by a Party to insist upon strict performance by any other
Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the
Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party hereto of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition.
5.06 Severability. The provisions of this Agreement are severable. If any word,
phrase, clause, sentence, paragraph, section, or other provision of this Agreement, or the
application thereof to any person or circumstance, shall ever be held or determined to be invalid,
illegal, or unenforceable for any reason, and the extent of such invalidity or unenforceability
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does not cause substantial deviation from the underlying intent of the Parties as expressed in this
Agreement, then such provision shall be deemed severed from this Agreement with respect to
such person, entity or circumstance, without invalidating the remainder of this Agreement or the
application of such provision to other persons, entities or circumstances, and a new provision
shall be deemed substituted in lieu of the severed provision which new provision shall, to the
extent possible, accomplish the intent of the Parties as evidenced by the severed provision.
5.07 Authority. The Parties acknowledge that each Party has the authority to enter into
this Agreement pursuant to the laws of the State of Texas.
5.08 Interpretation. The Parties acknowledge that each Party and, if it so chooses, its
counsel have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement or any amendments or exhibits hereto. As used in this
Agreement, the term "including" means "including without limitation" and the term "days"
means calendar days, not business days. Wherever required by the context, the singular shall
include the plural, and the plural shall include the singular. Each defined term herein may be
used in its singular or plural form whether or not so defined.
5.09 Conspicuous Provisions. The Parties acknowledge that the provisions of this
Agreement that are set out in bold, capitals (or any combination thereof) satisfy the
requirements for the express negligence rule and/or are conspicuous.
5.10 No Third Party Beneficiary. This Agreement is solely for the benefit of the
Parties, and no Party intends by any provision of this Agreement to create any rights in any
third-party beneficiaries or to confer any benefit upon or enforceable rights under this Agreement
or otherwise upon anyone other than the City, Owner, and the Districts.
5.11 Force Majeure. No Party shall be considered to be in default in the performance
of any of the obligations hereunder (other than obligations of either Party to pay costs and
expenses) if such failure of performance shall be due to an uncontrollable force beyond the
control of the Parties, including but not limited to, the failure of facilities, flood, earthquake,
tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor
dispute, labor or material shortage, sabotage, or restraint by a court order or public authority,
which by the exercise of due diligence and foresight such Party could not have reasonably been
expected to avoid. Any Party rendered unable to fulfill any obligation by reason of an
uncontrollable force shall exercise due diligence to remove such inability with all reasonable
dispatch.
5.12 Breach, Notice and Remedies.
(a) Notification of Breach. If any Party commits a breach of this Agreement, the
non-breaching Party shall give Notice to the breaching Party that describes the breach in
reasonable detail.
Cure of Breach. The breaching Party shall commence curing such breach within
fourteen (14) calendar days after the time the breaching Party receives such Notice and complete
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the cure within fourteen (14) calendar days from the date of commencement of the cure;
however, if the breach is not reasonably susceptible to cure by the breaching Party within such
14-day period, the non-breaching Party shall not bring any action so long as the breaching Party
has commenced to cure the default within such 14-day period and diligently completes the cure
within a reasonable time without unreasonable cessation of the work.
(c) Remedies for Breach. If the breaching Party does not substantially cure such
breach within the stated period of time, the non-breaching Party may, in its sole discretion, and
without prejudice to any other right under this Agreement, law, or equity, seek an action under
the Uniform Declaratory Judgment Act, specific performance, mandamus, injunctive relief, and
other remedies described in this Agreement; provided, however, that the non-breaching Party
shall not be entitled to terminate this Agreement and each Party specifically waives any right
such Party has or in the future may have to terminate this Agreement. It is understood and
agreed that no Party shall seek or recover actual, consequential or any other type of monetary
damages or awards, including but not limited to attorney's fees, in the event that any Party brings
suit under or related to this Agreement.
Governmental Powers; Waiver of Immunity. By execution of this Agreement,
neither the City nor the Districts waive or surrender any of their respective governmental powers,
immunities or rights, except as specifically waived pursuant to this subsection. The City and the
Districts mutually waive their governmental immunity from suit and liability only as to any
action brought by a Party to pursue the remedies available under this Agreement and only to the
extent necessary to pursue such remedies. Nothing in this section shall waive any claims,
defenses or immunities that the City or the Districts have with respect to suits against the City or
the Districts by persons or entities not a party to this Agreement.
5.13 Entire Agreement. This Agreement constitutes the entire Agreement between the
Parties relative to the subject matter hereof, and there have not been and are no other agreements,
covenants, representations or warranties between the parties other than those expressly stated
therein or provided for herein. This Agreement does hereby modify and restate in its entirety the
Original Agreement and the First Amendment.
5.14 Incorporation of Exhibits by Reference. All exhibits attached to this Agreement are
incorporated into this Agreement by reference for the purposes set forth herein, as follows:
Exhibit A Metes and Bounds Description of District One
Exhibit B Metes and Bounds Description of District Two
Exhibit C Water System
Exhibit D Wastewater System
Exhibit E Regional Westside V System
12
4843-1434-9344.v2
ATTEST: CITY OF FORT WORTH
�a
Mary Kayse it S re $ ando Costa,Assistant City Manager
ate: $ ��5
..' 0*00
- ��J /�
APPROVED AS TO FORM 5(ao
LEGALITY: Contract Authorization,
Assis t City Attorney
MORNINGSTAR RANCH MUNICIPAL
UTILITY DISTRICT NO.1 OF PARKER
COUNTY
ATTEST:
Secretary,Board of Directors President,Board of Directors
Date:
MORNINGSTAR RANCH MUNICIPAL
UTILITY DISTRICT NO.2 OF PARKER
COUNTY
r
ATTEST:
Secretary,Board of Directors sident,Board o irec rs
Date:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
13
4843-1434-9344.v2
FWFW HOLDINGS,INC.,
a Texas corporation
By:
Kim ill, President
FG ALEDO DEVELOPMENT, LLC
By:
Name; v�
Title: ,d/hy446,—
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
14
4843-1434-9344.v2
EXMBTT A
LEGAL DESCRIPTION
MorningStar RANCH MUD No.1
BEING situated in the M.S.Teeter Survey,Abstract No.2070,the J.Morris Survey,Abstract
No. 927,the P.J.McClary Survey,Abstract No, 907 and the W.Cagle Survey,Abstaract No.
2373,Parker County,Texas'and being a portion of that tract of land as descn-bed by deed to
WYA THE RANCH AT MARY'S CREEK,LTD.and recorded in Book 2463,Page 618,Deed
Records,Parker County,Texas,and being more particularly described by metes and bounds as
follows:
COMMENCING at a fence post found at the northeast corner of said WYA THE RANCH AT
MARY'S CREEK,LTD.tract;
THENCE along the easterly line of said WAY THE RANCH AT MARY'S CREEK,LTD.
tract,the following hearings and distances:
S 0002237'W,354.77 feet to the POINT OF BEGINNING;
S 00°22'3 TV, 1457.92 feet along the easterly line of said WYA THE RANCH AT
MARY'S CREEK,LTD. tract to a fence post found;
S 89°34'41"W,2076.92 feet continuing along said easterly line to a fence post found;
S 001142'02'T,4816.76 feet continuing along said easterly line to a fence post found;
THENCE along the southerly line of said WYA THE RANCH AT MARY'S CREEK,LTD.
tract,the following bearings and distances.
N 68°49'42"W,339.65 feet to a fence post found;
N 78011'08"W,384.05 feet to a force past found;
S 78046'55"W,295.49 feet to a fence post found;
S 72037'24"W,627.49 feet to a fence post found;
S 83°49'48"W,239.95 feet;
N 811133'35"W,83.79 feet;
N 62010'l6W, 178.76 feet;
N 81°40'37"W,529.57 feet to a fence post found;
C&B Job No.014367.010.001.0447
Page I of 7
�Xlf td1.1.. it tl
N 89°2643"W, 1437.01 feet to a TXDOT monument found,the southwest comer of said'
WYA THE RANCH AT MARY'S CREEK,LTD.tract;
THENCE along the westerly line of said WYA THE RANCH AT MARY'S CREEK,LTD.
tract,the following bearings and distances:
N 44045'58"W,71.58 feet to a TXDOT monument found;
N 00°32'56"W,562.53 feet;
THENCE 85°48'1FT, 1514.69 feet;
THENCE N 87009'53'E,46.34 feet;
THENCE S 86°27'16T,95.53 feet;
THENCE S 78005'25"E,94.26 feet;
THENCE S 70049'05"E, 106.81 feet;
THENCE S 19059'58"W, 119.12 feet to the beginning of a curve to the left;
THENCE with said curve to the left,an arc dist=e of 104.46 feet,through a central angle of
11°17'33"having a radius of 530.00 feet,the long chord of which bears S 14°21'11"W, 104.29
feet;
i
THENCE S 08042'25"W, 137.06 feet;
THENCE S 811159'04"E,494.11 feet; E
I
THENCE N 47038'34',, 190.28 feet;
THENCE N 30003'08'E, 137.47 feet;
THENCE N 05939'4VT,22.14 feet to the beginning of a non•-tangent curve to the left;
THENCE with said non-tangent curve to the loft, an arc distance of 113.11 feet,through a
central angle of 129136'59"having a radius of 50.00 feet,the long chord of which bears
N 00°26'49T,90.49 feet to the beginning of a reverse curve to the right;
THENCE with said reverse curve to the right,an arc distance of 14.10 feet,through a central
angle of 16°09'31"having a radius of50A0 feet,the long chord of which bears N 561116'54"W, E
14.05 feet;
THENCE N 75°23'58"E, 157,00 feet;
C&13 Job No.014367.010.001.0447
My-23,=9-- - ---
Page 2 of 7
THENCE N 83024'16"E,350.00 feet;
THENCE N 06035'44W, 110.00 feet;
THENCE N 83°24'16"E, 15.00 feet;
THENCE N 06'035'44"W, 1400.02 feet;
THENCE S W24'51"W,55.99 feet;
THENCE N 05°40'55"W, 127.64 feet;
THENCE N 65008'10"W,31.87 feet;
THENCE N 65008'10"W,239.34 feet;
THENCE S 65000'30"W, 131,35 feet;
THENCE S 69016'09"W, 168,18 feet;
THENCE N 24050'19"W, 1167.78 feet;
THENCE S 651109'41"W,310.00 feet;
THENCE N 24050'19"W,405,32 feet;
THENCE N 16°10'32"W, 171,96 feet;
THENCE N 07953'29"W,230.10 feet;
THENCE S 86°17'21"W,96.81 feet;
THENCE N 23°02'1TV,94.57 feet;
THENCE S 69039'33"V4', 180.01 feet;
THENCE S 57044'58"W,461.86 feet;
THENCE S 7004970TV,45.68 feet;
THENCE S 7103426"W,96.53 feet;
THENCE S 87004'13'W,50.05 feet;
THENCE N 89°57'22'W, 198.26 feet to the beginning of a non-tangent curve to the left;
C&B Job No.014367.010.001.0447
f: ?$14�4574-0 l•45 1W'11 .C3�4754 E rntxll dec .Iuly 231_M9.-
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THENCE with said non-tangent carve to the left,an arc distance of 203.73 feet,through a
central angle of 080'38'47"having a radius of 1350.00 feet,the long chord of which bears
N 14.06'11"W,203.53 feet;
THENCE N 18025'34W, 1160,38 feet to the beghudag of a curve to the right;
THENCE with said curve to the right,an are distance of48.09 feet,through a central angle of
01 1137'15"having a radius of 1699.86 feet' the Iong chord of which bears N 17035'43"W,48.09
feet;
THENCE N 89050'00"E,545.95 feet;
THENCE N 89050'00"E, 154.99 feet;
THENCE N 89°29'09'B, 135.00 feet;
THENCE N 76042'29"B,46.11 feet;
THENCE N 89038'35"E, 133.71 feet;
THENCE S 83040'51"E,42.67 feet;
THENCE S 77004'10"E,42.67 feet;
THENCE S 70°26'11'E,42.95 feet;
THENCE N 22°14'49'T, 105.02 feet;
THENCE S 67°45'11"E,301.10 feet to the beginning of a non-tangent curve to the Iefti
THENCE with said non-tangent curve to the left,an arc distance of 113.92 feet,through a
central angle of 13013226"having a radius of 50.00 feet,the long chord of which burs
N 77°09'43"E, 90.83 feet;
THENCE N 22014'497E,97.79 feet;
THENCE S 67"45'11"B,330.00 feet;
THENCE S 59023'48'E, 173.98 feet;
THENCE S 32°50'28"E,139.36 feet;
THENCE S 43124'57'T,90,41 feet;
THENCE N 41°06'56"E, 112.29 feet to the beginning of non-tangent curve to the left,
C&B Job No. 014367,010.001,0447
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THENCE with said non-tangent curve to the left, an arc distance of 94.00 feet,through a central
angle of 107°42'58"having a radius of 50.00 feet,the long chord of which bears
N 53°29'31"E,80.76 feet;
THENCE N 41006'56"E, 136.88 feet;
THENCE N 48°53'04"W, 181.67 feet;
THENCE N 40°42'12"E,204.56 feet;
THENCE N 14037'03"E,225.51 feet;
THENCE N 07017'50"E,60.49 feet;
THENCE N 00000'00'S,545.00 feet;
THENCE S 90000'00E,750.00 feet;
THENCE S 00000'00"W, 170.00 feet;
THENCE S 90°00TOM,820.00 feet;
THENCE S 63026'15"E,55.90 feet;
THENCE S 78041'24'T, 152.97 feet;
THENCE S 90°00'00"E, 180.71 feet;
THENCE S 37°33'53'T, 129.89 feet to the beginning of a curve to the right;
THENCE with said curve to the right,an arc distance of 36.14 feet,through a central angle of
41°24'34"having a radius of 50.00 feet,the long chord of which bears S 16°51'35"E,35.36 feet
to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left,an arc distance of 23.33 feet,through a central ;
angle of 26°44'00"having a radius of 50.00 feet,the long chord of which bears S 091131'17"E,
23.12 feet;
THENCE S 13°41'36V, 146.01 feet;
THENCE S 25022'44"E, 111.32 feet;
THENCE S 20050'19"W,25.00 feet;
THENCE S 64033'52"E, 139.53 feet;
C&B Job No.014367.010.001.0447
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. t
THENCE S 50°27'56"E,51.97 feet;
THENCE S 68°I 1'35E, 123.38 feet;
THENCE N 40°14'35'TE, 80.41 feet;
THENCE N 48°30'03'E, 90.00 feet;
THENCE S 71°15'W 8,117.86 feet;
THENCE S 63005'05'T, 143.02 feet;
i
THENCE S 00°00'00"W,264,84 feet;
THENCE N 89036'00"E, 119.30 feet;
THENCE S 81003'3TT, 51.32 feet;
THENCE S 90000'00"E, 120.00 feet;
THENCE 00000'00"E,340.00 feet;
TTi,NCB S 901100'00'TE, 170.00 feet;
THENCE S 00°00'W W, 19.64 feet;
THENCE N 89°36'00"E,541.14 feet;
THENCE N 00'000'00'TE,750.02 feet;
THENCE N 89°36'00"E, 73.55 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right,an are distance of 43.25 feet,through a
central angle of 49°33'56"having a radius of 50.00 feet,the long chord of which bears
N 81°10'36"E,41.92 feet; i
THENCE N 3805239'B,65.14 feet;
THENCE S 90000'00"E, 121.22 feet to the POINT OF BEGINNING and containing 375.47
acres of land more or less,
NOTE
This document was prepared under 22TAC §663.21,does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property, except those
C&B.lob No. 014367,010,001.0447
1v1TC 1014574Q1.1.S�i1� I1 14754 EXmudIAoc_.. _... w _ _ JuLy_2-",2.009 .. . . ._.._
Page 6 of 7
� r
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was pmparcd.
C&B Job No.014367,010,001.0447
J:VOB10145740113UR1WP\LEG14754._EXmudl,doc February 23,2008
Pago 7 of 7
LEGAL DESCRIPTION
Morningstar RANCH MUD No.2 North
BEING a tract of land situated in the J.D.Morris Survey,Abstract Number 927,and the M.S:
Teeter Survey, Abstract Number 2070,both of Parker County,Texas, and being a portion of that
tract of land conveyed to WYA THE RANCH AT MARY'S CREED;,LTD, by deed recorded in
Book 2463,Page 618 of County Records,Parker County,Texas and being more particularly
described by metes and bounds as follows;
BEGINNLNG at a fence post found at the northeast comer of said WYA,TB-B RANCH.4T
MAR,Y'S CREEK,LTD: tract,
THENCE S 00°22'37"W, 354.77 feet along the east line of said WAY THE RANCH AT
MARY'S CREEK,LTD.tract;
THENCE N 90°00'00"W, 121.22 feet;
THENCE S 38°52'39"W, 65,14 feet to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left, an an,distance of 43,25 feet,through a.central
angle of 49133'56",having a radius of 50.00 feet, the long chord of which bears S 81°10'36"W,
41.92 feet;
THENCE S 89°36'00"W,7355 feet;
THENCE S 00000'00"W,750.02 feet,
THENCE S 89°36'00'.7V,541.14 feet;
THENCE N 00°00'00"E, 19,64 feet;
THENCE N 90000'09w., 170.00 feet; ,
THENCE S 00000'00"W, 340.00 feet;
THENCE N 9000010011W,120.00 feet;
THE, N 81°03'37"W, 51.32 feat;
THENCE S 89°36'00"W, 119,30 feet;
THENCE N 00000'00"E;264,84 feet;
THENCE N 63°05'05"W, 143.02 feet;
CAB Job No.014574.010.1.0601
Warker February 13,2008
7:11OB\01457401\SURIWPILEG\4754_EXxnud2_n,doc Page l of 4
i
THENCE N 71°15'54"W, 117.86 feet;
THENCE S 48°30'03"W,90.00 feet;
THENCE S 40014'35"W,80,41 feet;
TFMNCE N 68°11'35"W, 123.38 feet;
THENCE N 50027'56"W,51.97 feet;
THENCE N 64033'52"W, 139.53 feet;
THENCE N 20050'197E,25.00 feet;
THENCE N 25022'44"W, 111.32 feet;
THENCE N 13041'36"E, 146.01 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right, an arc distance of 23,33 feet,through a
central angle of 26143'59",having a radius of 50.00 feet,the long chord of which bears
N 099I'17"W,23.12 feet to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left,an arc distance of 36.14 feet,through.a central
angle of 41°24'35",having a radius of 50,00 feet,the long chord of which bears N 16°51'35"W,
3 5.3 6 feet;
THENCE N 37033'53"W; 129.99 feet;
THENCE N 900'00'00"W, 180.71 feet;
THENCE N 78°41'247W, 152.97 feet;
THENCE N 63 026'15"W,55.90 feet;
THENCEN 90000'00"W, 820.00 feet;
THENCE N 00000'00"B, 170.00 feet;
THENCE N 90°00'00"W,750.00 feet;
THENCE S 00000'00"W,545.00 feet;
THENCE S 07"17'50"W,60.49 feet;
THENCE S 14037'03"W, 225.51 feet;
C&B lob No.014574.010.1.0601
S#Parker February 13, 2008
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y
THENCE S 40°42'12"W,204,56 feet;
THENCE S 48°53'04"E, 181.67 feet;
THENCE S.41°06'56"W, 136.88 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right,an are distance of 94.00 feet,through a
central angle of 107°42'57",having a radius of 50,00 feet,the long chord of which bears
S 5302931"W,80.76 feet;
THENCE S 41006'56"W, 112.29 feet;
THENCE N 431,24'57"W, 90.41 feet;
THENCE N 32°50'28"W, 139.36 feet;
THENCE N 59023'48"W, 173.98 feet;
THENCE N 67°45'11'W, 330.00 feet;
THENCE S 22014'49"W,97.79 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right,an are distan=of 113.92 feet,through a
central angle of 130°32'26",having a radius of 50.00 feet,the long chord of which bears
S 77°09'43"W,90.83 feet;
THENCE N 67°45'11"W, 301.10 feet;
THENCE S 22°14'49W, 105.02 feet;
THENCE N 70°26'1 VW,42.95 feet;
THENCE N 77004'10"W, 42.67 feet;
THENCE N 83040'51"W, 42.67 feet;
THENCE S 89°38'35"W, 133.71 feet;
THENCE S 76042'29"W, 46,11 feet;
THENCE S 89029'09"W, 135.00 feet;
THENCE S 89°50'00"W, 855.77 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right, an arc distance of 484.44 feet, through a
central angle of 15100'16",having a radius of 1849.96 feet,the long chord of which bears
C&B Job No.014574.010.1.0601
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N 07°56'34"W,483.05 feet to a TXDOT(Texas Department of Transportation)found-,
THENCE N 00027'14"W,796.76 feet to a TXDQT found, the beginning of a curve to the right;
THENCE with said curve to the right,an arc distance of 461.67 feet,through a central angle of
03029'24",having a radius of 7579,44 feet, the long chord of which bears N 01019'36'E,461.59
feet;
THENCE S 89"16'35"B,2435.23 feet fence post found;
THENCE S 00°25'15"E,247.80 feet to a fence post found;
THENCE N 890571177E,4214.04 feet to the POINT'OF BEUNNfNG and containing
190.219 acres of land,more or less.
NOTE
This document was prepared under 22TAC§663.21, does not reflect the results of an on-the
ground survey, and is not to be used to convey or establish interests in real property, except those
tights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
C&B Job No,014574,010.1.0601
S#Parker February 13,2008
J:UQB\014574011SUR\WP\LEG\4754_EXmud2_n.doc Page 4 of 4
LEGAL DESCRIPTION
MorningStar RANCH MUD No.2 South
BEING situated in the M.Teeter Survey,Abstract Number 2070, t13e P.1.McClary,Sur-Vey,
Abstract Number 907, and the W.Cagle Survey,Abstract Number 2373,Parker County,Texas,
and being a portion of that tract of land described by deed to WYA THE RANCH AT MARY'S
CRl3EK,LTD. as recorded in Book 2463,Page 618,Deed Records,Parker County,Texas, and
being more particularly described by metes and bounds as follows;
COMMENCING at a Texas Department of Transportation(TX 0*1I monument found at the '
uortherly southwest corner of said WYA=RANCH AT MARY'S CREEK,LTD. tract,;
THENCE.along the westerly line of said WAY THE RANCH AT MARY'S CREEK,LTD.
tract,the following bearings and distances;
N 00032'56'W,562.53 feet to the POINT OF BEGEOMN G;
N 00032'56"W,289.44 feet to a I/2 inch iron rod with cap found;
N 00032'34"W,292.60 feet to a TXDOT monument found;-
N 00013130"W, 12.99 feet to an iron rod found;
N 00032'18"W, 1787.12 feet;
N 04°56'41'T,50,20 feet;
N'00030'10"W, 100.04 feet to a TXDOT monument found;
N 06014'31"W,50.09 feet to a TXDOT monument found-,
N 00°28'55"W,47.43 feet to a=OT monument found;
N 02002'20"W, 155,80 feet to a TXDOT monument found;
N 06027'5T'E, 104.41 feet to a TXDOT monument found;
N OF45'31"W,22 1.98 feet;
THENCE S 89°57'22'B,347.64 feet leaving said westerly line;
THENCE N 87004'13"R,50.05 feet;
THENCE N 71°3426"E,96.53 feet;
C&B Job No,014574.010.1.0601
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THENCE N 70°49'02E,45.68 feet;
THENCE N 57°44'58"E,461.86 feet;
THENCE N 69°39'33"E, 1$0.01 feet;
THENCE S 23"02'17-B, 84.57 feet;
THENCE 86°17'21"E,96.81-feet;
THENCE S 07053'29"B,230,10 feet;
THENCE S 16010'32E, 171.96 feet;
THENCE S 24050'19"E,405.32 feet;
THENCE N 65009'41"E, 310.00 feet;
THENCE S 24050'19"E, 1167.78 feet;
THENCE N 69016'09"B,168.18 feet;
THENCE N 6500030E, 131.35 feet;
THENCE S 65"08'10"B,271.21 feet;
THENCES05"40'55"E, 127,64feet;
THENCE N83024'51"E,55.99 feet;
THENCE S06"35'444"E, 1400.02 feet;
THENCE S83024'16"W, 15.00 feet;
THENCE S06°3544"E, 110.00 feet;
THENCE S83024'16"W, 350.00 feet;
THENCE S75"23'58"W, 157.00 feet to the beginning of a non-tangent curve to the left;
T13.ENCE with said non-tangent curve to the left, an arc distance of 14.10 feet, through a central
angle of 16°09'31",having a radius of 50.00 feet, the long chord of which bears S560 16'54"E,
14.05 feet to the beginning of a reverse curve to the right;
C&B Job No. 014574.010.1.0601
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e
r
THENCE with said reverse curve to the right, an are distance of 11111 feet,through a central
angle of 129036'58",having a radius of 50.00 feet, the long chord of which bears S00026'49"W,
90.49 feet;
THENCE S05°39'40"W,22,14 feet;
THENCE S30°03'08'V, 137.47 feet;
THENCE S47038'34"W, 190.28 feet;
THENCEN81059'04"W,494.11 feet;
THENCE NOV42'25"E, 137.06 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 104.46 feet,through a central angle of
11°17'33",having a radius of 53Q.00 feet,the long chord of which bears N14021'1 I"8, 104.29
feet;
THENCE N19059'58"E, 119.12 feet;
TH>JNCE N70°49'05'*W, 106.81 feet;
THENCE N78005'25"W,94.26 feet;
THENCE N86027'16"W, 95.53 feet;
THENCE S87"09'53"W,46.34 feet;
THENCE S85"48'15"W, 1514,69 feet to the PIOINT OF BEGINNING and containing 176.610
acres of land more or less.
NOTE
This document was prepared ender 22TAC §663,21,does not reflect the results of an on the
ground survey, and is not to he used to convey or establish interests in real property, except those
rights and interests implied or establisher)by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
4
I
C&B Job No. 014574.010.1.0601
S#Parker February 13,2008
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f
-23 41
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