HomeMy WebLinkAboutContract 40168CITY SECRETARY
CONTRACT NO, o
TRANSPORTATION IMPACT FEE CREDIT AGREEMENT
THIS TRANSPORTATION IMPACT FEE CREDIT AGREEMENT (the
"Agreement") is made and entered into effective as of the Effective Date (as defined
below), by and among THE CITY OF FORT WORTH, TEXAS (the "City"), a home rule
municipal corporation situated in Tarrant, Denton, Parker, Johnson, and Wise Counties,
Texas, whose address is , and Hillwood Alliance
Residential, L.P., a Texas limited partnership ("HAR"), Heritage 3B5A, L.P., a Texas limited
partnership ("3B5A"), and HRLD 2, L.P., a Texas limited partnership ("HRLD 2") (HAR,
3B5A and HRLD 2 are hereinafter collectively referred to as the "Owner"), each of whose
addresses are Three Lincoln Centre, 5430 LBJ Freeway, Suite 800, Dallas, Texas 75240,
Attention: Tom Woliver (the City and each Owner are a "Party", and collectively, the
"Parties").
RECITALS
WHEREAS, the City is a home rule municipal corporation duly organized and
validly existing under the laws and statutes of the State of Texas and is located within
Tarrant, Denton, Parker, Johnson, and Wise Counties, Texas; and
WHEREAS, HAR is the owner of approximately 67 acres in Tarrant County, Texas,
as described by metes and bounds in Exhibit "A-1" (the "HAR Property") located within
the corporate boundaries of the City. A map of the HAR Property showing its location is
attached hereto as Exhibit "B", and a depiction of the HAR Property is attached hereto as
Exhibit "134"; and
WHEREAS, 3B5A is the owner of approximately 29 acres in Tarrant County, Texas,
as described by metes and bounds in Exhibit "A-2" (the "3B5A Property") located within
the corporate boundaries of the City. A map of the 3B5A Property showing its location is
attached hereto as Exhibit "B", and a depiction of the 3B5A Property is attached hereto as
Exhibit "134"; and
WHEREAS, HRLD 2 is the owner of approximately 53 acres in Tarrant County,
Texas, as described by metes and bounds in Exhibit "A-3" (the "HRLD 2 Property")
located within the corporate boundaries of the City. A map of the HRLD 2 Property
showing its location is attached hereto as Exhibit "B", and a depiction of the HRLD 2
Property is attached hereto as Exhibit "134" (the HAR Property, the 3B5A Property and the
HRLD 2 Property are hereinafter collectively referred to as the "Property"); and
WHEREAS, each Owner desires to proceed with development of its Property as
described or illustrated on the Development Plan, attached hereto as Exhibit "C", which
Development Plan identifies the intended land uses in relation to the lay -out of on -site and
)ff-site transportation facilities necessary for serving full development of the Property; and
1-16 CREDIT AGREEMENT
OFFICIAL RECORD
CITY SECRETARY
E WORTH, TX
WHEREAS, the City has adopted a Transportation Impact Fee program pursuant to
Tex. Loc. Gov't Code chapter 395, Ordinance No. 18083, under which charges
("Transportation Impact Fees") are imposed on new development for transportation
facilities serving the development and which are identified within the City's adopted
transportation improvements plan; and
WHEREAS, Transportation Impact Fees must be collected and spent within the
service area(s) in which the new development is located; and
WHEREAS, the Property is located within service area D and
WHEREAS, the transportation facilities shown on the Development Plan are
identified within the City's adopted transportation improvements plan; and
WHEREAS, Ordinance No. 18083 Section 1-15 provides for credits against
Transportation Impact Fees for dedication or construction of transportation improvements
shown on the adopted transportation improvements plan; and
WHEREAS, Owner has constructed and dedicated the transportation improvements
highlighted in yellow on Exhibit "D" of this Agreement (the "Project") in exchange for
credits against future Transportation Impact Fees; and
WHEREAS, Owner has submitted a final plat of the Project to the City for approval,
which City has approved as FP-007-087; and
WHEREAS, based on the anticipated traffic impacts from the development, the City
and Owner contemplate the necessity for the construction of system facilities, which must
be credited against Transportation Impact Fees otherwise due; and
WHEREAS, the City, in accordance with Chapter 395, has determined the maximum
Transportation Impact Fees to be charged against new development within service district
no. D to be $987.00 per service unit; and
WHEREAS, Owner has filed the following preliminary plats:
Heritage North (PP005-093)
Heritage Phase 3B (PP006-002)
WHEREAS, Owner has received approval for construction plans, executed Community
Facility Agreements, constructed roadway improvements, obtained City acceptance of the
improvements, obtained a final plat for, and dedicated rights -of --way for the following:
Ray White Road, DOE No. 6113 (FP-007-087)
NOW, THEREFORE, for and in consideration of the mutual agreements, covenants,
and conditions contained herein, and other good and valuable consideration, the City and
146 CREDIT AGREEMENT
the Owner hereby covenant and agree as follows:
1. Recitals. The recitals contained in this Agreement are true and correct as of
the Effective Date (hereinafter defined) and form the basis upon which the Parties
negotiated and entered into this Agreement.
2. Transportation Improvements. Owner has constructed and dedicated the
right-of-way highlighted in yellow on Exhibit "D", which is attached hereto and
incorporated herein by reference. For any transportation improvement which has been
dedicated or constructed by Owner on the Property and accepted by the City prior to
execution of this Agreement, the improvement shall be identified as "accepted" on
Exhibit "D".
3. Credits. The Parties agree that the estimated value of the credits for each
transportation improvement highlighted in yellow and described in Exhibit "D",
expressed in current dollars, shall be as set forth in Exhibit "E". The value of credits
associated with the improvements first shall be reduced by the impact fee associated with
any lot for which a building permit has previously been issued (as described in the
"Building Permits 02/19/2010" and "Other Credits 02/19/2010" portions of Exhibit "E"),
and the "net credit balance" shown on Exhibit "E" shall be considered as exact.
4. Ph sing. The Parties acknowledge that, where it is anticipated that the
Project shall be developed in phases, the anticipated construction of improvements by
phase shall be as highlighted in yellow and depicted in Exhibit "D", which is attached
hereto and incorporated herein by reference.
5. Allocation of Credits by Phase. The general allocation of credits to each
phase of the development of the Property shall be as shown on Exhibit "F", which is
attached hereto and incorporated herein by reference. The Parties agree that the credits
identified in this Agreement have been created by the approval and acceptance by City of
the Project. The Parties further agree that, prior to the application of a credit against
Transportation Impact Fees otherwise due for any unit of development on the Property; the
following events shall take place.
(a) The City has approved and accepted the Project (as highlighted in
yellow on the attached Exhibit "D");
(b) The number of credits resulting from such Project has been valued (as
described in the attached Exhibit "E"); and
(c) Concurrent with final plat approval for the development of any
portion of the Property, a credit allocation shall be provided by the developer for the phase
of development to which the credit is to be applied, which allocation may either assign the
credit, expressed in dollars, to each finally platted lot or may create a credit -pool to be
utilized by that phase of development.
146 CREDIT AGREEMENT
(d) To the extent that any credit balance remains after allocation of credits,
this Agreement may be amended to allocate such unused credits to subsequent phases of
the development of the Property. .
6. Proportionality. Owner agrees that the obligation to dedicate and construct
the Project, as provided in Section 2 of this Agreement, and the credits against
Transportation Impact Fees attributed to such contributions and generally allocated to
phases of the development of the Property herein, are roughly proportionate to the nature
and extent of the development shown on the Development Plan.
7. Term and Effective Date. The initial term of this Agreement shall be ten (10)
years from its Effective Date, in accordance with Ordinance No. 18083, which "Effective
Date" shall be the date on which the last Party executes the Agreement.
8. Agreement to Run with the Land. Each Owner shall have the right to assign
this Agreement to any person or entity ("Owner's Assignee") with the written consent of
the City, provided: (a) the assignment is in writing executed by the respective Owner and
its assignee; and (b) the assignment incorporates this Agreement by reference and binds the
Owner's Assignee to perform (to the extent of the obligations assigned) in accordance with
this Agreement. Each Owner's Assignee shall become a Party to this Agreement upon the
execution of such assignment. In no event may this Agreement be construed to authorize
assignment of any credits attributable to a system facility to be dedicated or constructed
hereunder for use outside the boundaries of the Property.
9. Amendment. This Agreement shall not be modified or amended except as
follows:
(a) Any amendment or modification to this Agreement or any Exhibit or
schedule hereto shall be in writing and signed by the Parties.
(b) Any revision, amendment, or modification to this Agreement, the
Development Plan, or any Exhibit or schedule thereto, shall become effective
on the date executed by the Parties or, as applicable, upon the date of
approval by the City Council or designated city official.
10. Exhibits. The exhibits attached to this Agreement are incorporated as part of
this Agreement for all purposes as if set forth in full in the body of this Agreement.
11. Notices. Any notice provided for hereunder shall be in writing and shall be
delivered in person, or sent by overnight delivery and addressed to the intended recipient
at the address set forth above, or sent by United States mail, postage prepaid, certified,
return receipt requested and addressed to the intended recipient at the address set forth
above.
12. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas.
146 CREDIT AGREEMENT
13. Multiple Counterparts. This Agreement may be executed in multiple
counterparts and delivered via facsimile or electronic delivery and all counterparts of this
Agreement, when taken together, shall constitute one complete instrument.
[THE BALANCE Or THIS PAGE IS INTENTIONALLY LEFT BLANK]
1-16 CREDIT AGREEMENT
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement as
of the ' " day of 0 20106
CITY:
CITY OF FORT WORTH, TEXAS
Fernando Costa
Assistant City Manager
Recommended By:
Director, Planning and Development
ATTEST:
Marty Hend�i:
City Secretary
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1-16 CREDIT AGREEMENT
OWNER:
HILLWOOD ALLIANCE RESIDENTIAL, L.P.
a Texas limited partnership
By: Hillwood Operating, L.P.
a Texas limited partnership
its general partner
By: Hillwood Services GP, LLC
a Texas limited liability compan
y
AGE 3B5A, L.P.
limited partnership
FIeritage 3B5A GP, LLC
liability com
pany
By:
Na
Title:
me:
HRLD 2, L.P.
a Texas limited partnership
By:
HGI GP, LLC
a Texas limited liability company
EXHIBIT LIST
"A" Description of the Property
"B" Map of Property
"C" Development Plan Map
"D" Transportation Improvements
"E" Credits Against Transportation Impact Fees
"F" Allocation of Credits
1-16 CREDIT AGREEMENT
Xk(ki'{
A -I
LEGAL DESCRIPTION
67.109 ACRES
BEING a tract of land situated in the Walter Converse Survey, Abstract No. 248 and the J. K.-
Knight Survey, Abstract No. 902, City of Fort Worth, Tarrant County, Texas and being a portion
of that tract of land as described by deed to Hillwood Alliance Residential, L.P. formerly known
as Hillwood/2500, Ltd. and recorded in Volume 9409, Page 1403 (Tract 5), County Records,
Tarrant County, Texas, said tract of land being more particularly described by metes and bounds
as follows:
BEGINNING at the most northerly northeast corner of said Hillwood Alliance Residential, L.P.
Tract 5, said point being the southeast corner of that tract of land as described by deed to Andrew
T. Armstrong and wife Kay Masters Armstrong and recorded in Volume 5592, Page 408, said
County Records;
THENCE S 00°14'44"E, 469.44 feet along the easterly line of said Tract 5;
TkIENCE S 89°36'31"E, 456.82 feet along the northerly line of said Tract 5 to the northwest
corner of Heritage Addition, Phase 3B, Section 5A, an addition to the City of Fort Worth
recorded in County Clerk's Filing Number D209317079, said County Records;
THENCE with the west line of said Heritage Addition, Phase 3B, Section SA the following
bearings and distances:
S 00°23'23"W, 135.01 feet;
N 89°36'37"W, 17.39 feet;
S 00023523"W, 619.11 feet;
S 23°14'S5"W, 50.00 feet to the beginning of anon -tangent curve to the left;
with said non -tangent curve to the left, an arc distance of 20.47 feet, through a central
angle of 09°22S0, having a radius of 125.00 feet, the long chord of which bears
S 71026'30"E, 20.44 feet;
S 00023'23"W, 168.44 feet;
S 54025725"W, 66.08 feet;
S 35034'58"E, 393.23 feet;
S 09025'03"W, 14.14 feet;
S 54025'02"W, 89.63 feet to the beginning of a curve to the left;
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with said curve to the left, an arc distance of 98.01 feet, through a central angle of
18043'04", having a radius of 300.00 feet, the long chord of which bears S 45°03'30"W,
97.57 feet;
S 35°41S9W, 212.38 feet to the beginning of a curve to the left;
with said curve to the left, an arc distance of 80.33 feet, through a central angle of
30040'57", having a radius of 150.00 feet, the long chord of which bears S 20°21'30"W,
79.37 feet to the beginning of a reverse curve to the right;
with said reverse curve to the right, an arc distance of 53.55 feet, through a central angle
of 30040'58", having a radius of 100.00 feet, the long chord of which bears
S 20021131"W, 52.91 feet;
S 35°42'00"W, 12.00 feet;
S ?9°43'36"W, 14.37 feet to the north right -of --way line of Exposition Way (a 54' right-
oway), and the north line of the Heritage Addition, Phase 3B, Section 4, an additi
f-on to
the City of Fort Worth recorded in Cabinet A, Slide 11401, Plat Records, Tarrant County,
Texas, the beginning of a non -tangent curve to the left;
THENCE with the north line of said Heritage Addition, Phase 3B, Section 4 the following
bearings and distances:
with said right -of --way line and non -tangent curve to the left, an arc distance of 54.64 feet,
through a central angle of 20°52 14", having a radius of 150.00 feet, the long chord of
which bears N 68°33' 19"W, 54.34 feet;
N 11 °0053415E, 20.00 feet departing said right -of --way line;
N 7805912611W, 840.05 feet to the beginning of a curve to the right;
with said curve to the right, at an arc distance of SS0.5$ feet passing the northeast corner
of said Heritage Addition, Phase 3B, Section 4 and being the southeast corner of Heritage
Addition, Phase 313, Section 2, an addition to the City of Fort Worth recorded in Cabinet
A, Slide 10460 said Plat Records, in all an arc distance of 720.37 feet, through a central
angle of 97°07'02", having a radius of 425.00 feet, the long chord of which bears
N 30026101"W, 637.18 feet;
THENCE with the east line of said Heritage Addition, Phase 3B, Section 2 the following
bearings and distances:
N 18007129"E, 148.59 feet to the beginning of a curve to the left;
with said non -tangent curve to the left, an arc distance of 135.3$ feet, through a central
angle of 10°SS'29", having a radius of 710.00 feet, the long chord of which bears
N 12039145"E, 135.17 feet;
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N 82048'00"W, 20.00 feet to the beginning of a non -tangent curve to the left;
with said non -tangent curve to the left, an are distance of 100.00 feet, through a central
angle of 08° 18' 13", having a radius of 690.00 feet, the long chord of which bears
N 03002'53"E, 99.91 feet;
N 88°S3'46"E, 20.00 feet to the beginning of a non- tangent curve to the left;
with said non -tangent curve to the left, an arc distance of 866.96 feet, through a central
angle of 69057'45", having a radius of 710.00 feet, the long chord of which bears
N 36005'06"W, 814.10 feet to the beginning of a reverse curve to the right;
with said reverse curve to the right, an arc distance of 184.22 feet, through a central angle
of 51 °29' 17", having a radius of 205.00 feet, the long chord of which bears
N 450W20"W, 178.08 feet;
N 19°34'41 "W, 84.99 feet to the beginning of a curve to the left;
with said curve to the left, an arc distance of 73.23 feet, through a central angle of
17007'28", having a radius of 245.00 feet, the long chord of which bears N 28"08'25"W,
72.95 feet;
N 33°56'00"E, 235.39 feet to the north line of said Hillwood Alliance Residential, L.P.
Tract 5;
'I'HBI�i�E continuing with said north line the following bearings and distances.
S 89°26'21 "]J, 333.26 feet;
N 89051' 1911E, 237.30 feet;
N $90413S411E, 805.35 feet to the Point of Beginning and containing 2,923,277 square
feet or 67.109 acres of land, more or less.
"This document was prepared under 22 TAC fi63.29, does net reflect fhe results of an on fhe ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
Jacobs Job No. CB011540.H0020
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Apri107, 2010
Page 3 of 3
EYHIBIT A-2
LEGAL DESCRIPTION
OF
HERITAGE PHASE 3B SECTION SA
Being a tract of land situated in the J.B. Knight Survey, Abstract Number 902, and the Walter
Converse Survey, Abstract Number 248, Tarrant County, Texas, and being all of that tract of
land described by deed to Heritage 3B5A, L.P., Tract 1, as recorded in County Clerk's Filing
Number D209183755, County Records, Tarrant County, Texas and being more particularly
described by metes and bounds as follows;
BEGINNING at a 5/8 inch iron rod with cap stamped "Carter &Burgess" found at the northwest
corner of Lot 2X, Block 106, Heritage Addition, Phase 3B, Section 4, as recorded in Cabinet A,
Slide 11401, Plat Records, Tarrant County, Texas, also being in the northerly right-of-way line
of Exposition Way (a 50 foot right -of --way) and being the beginning of a curve to the left;
THENCE with said northerly right -of --way line and said curve to the left, an arc distance of
92.09 feet, through a central angle of 35°10'36", having a radius of 150.00 feet, the long chord of
which bears N 40°31'54"W, 90.65 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set,
THENCE N 79°43'36"E, 14.37 feet, departing said northerly right-of-way to a 5/8 inch iron rod
with cap stamped "Jacobs" set,
THENCE N 35°42'00"E, 12.00 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set, the
beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 53.55 feet, through a central angle of
30°40'S8", having a radius of 100.00 feet, the long chord of which bears N 20°2131 "E, 52.91
feet to a 518 inch iron rod with cap stamped "Jacobs" set at the beginning of a reverse curve to
the right;
THENCE with said reverse curve to the right, an arc distance of 80.33 feet, through a central
angle of 30°40'S7"9 having a radius of 150.00 feet, the long chord of which bears N 20°21'30"E5
79.37 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set;
THENCE N 35041'59"E, 212.38 feet to a 5/8 inch iron rod with can stamped "Jacobs" set, the
beginning of a curve to the right;
THENCE with said curve to the right, an are distance of 98.01 feet, through a central angle of
18°43'04", having a radius of 300.00 feet, the long chord of which bears N 45°03'30"E, 97.57
feet to a 5/8 inch iron rod with cap stamped "Jacobs" set;
THENCE N 54°25'02"E, 89.63 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set;
Page 1 of 3
THENCE N 09025'03 "E, 14.14 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set in the
northerly line of a 50 foot Magnolia Pipeline Easement as recorded in Volume 2871, Page 596,
County Records, Tarrant County, Texas;
THENCE N 35°34'58"W, 393.23 feet with the northerly line of said easement to a 5/8 inch iron
rod with cap stamped "Jacobs" set;
THENCE N 54°25'25"E5 66.08 feet departing the northerly line of said easement to a 5/8 inch
iron rod with cap stamped "Jacobs" set;
THENCE N 00°23'23 "E, 168.44 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set, the
beginning of a non -tangent curve to the right;
THENCE with said non -tangent curve to the right, an arc distance of 20.47 feet, through a
central angle of 09°22'50", having a radius of 125.00 feet, the long chord of which bears
N 71°26'30"W, 20.44 feet to a 5/8 inch iron rod with cap stamped "Jacobs" sets
THENCE N 23°14'S5"E, 50.00 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set;
THENCE N 00°23'23 "E, 619.11 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set;
THENCE S 89°36'37"E, 17.39 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set;
THENCE N 00°23'23"E, 135.01 feet to a 5/8 inch iron rod with cap stamped "Jacobs" set in the
north line of said Hillwood Alliance Residential, L.P. tract;
THENCE S 89°36'31 "E, 680.41 feet with the north line of said Hillwood Alliance Residential,
L.P. tract to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found m the westerly right-
of-way line of Ray White Road (a variable width right-of-way);
THENCE S 01 044' 11 "E, 201.88 feet with the east line of said Hillwood Alliance Residential,
L.P. tract and the westerly right -of --way line of said Ray White Road to a 5/8 inch iron rod with
cap stamped "Carter & Burgess" found;
THENCE S 00035'51 "W, 1534.22 feet with the east line of said Hillwood Alliance Residential,
L.P. tract and the westerlyright-of--way line of said Ray White Road to a 5/8 inch iron rod with
cap stamped "Carter & Burgess" found;
THENCE N 89002'32"W, 48.39 feet with the south line of said Hillwood Alliance Residential,
L.P. tract and the westerly right -of --way line of said Ray White Road to a 5/8 inch iron rod with
cap stamped "Carter & Burgess" found at the beginning of a non -tangent curve to the right;
THENCE with the westerly right -of --way line of said Ray White Road and said non -tangent
curve to the right, an arc distance of 48.37 feet, through a central angle of 30°47'38", having a
radius of 90.00 feet, the long chord of which bears S 16°21'17"W, 47.79 feet to a 5/8 inch iron
Page 2 of 3
rod with cap stamped "Carter & Burgess" found at the northeast corner of Lot 4X, Block 106,
Heritage Addition, as recorded in Cabinet A, Slide 11402, said Plat Records,
THENCE N 89°50'OS"W1 134.16 feet departing said westerly right -of --way line, and with the
north line of said Lot 4X, Block 106 to a 5/8 inch iron rod with cap stamped "Carter & Burgess"
found;
THENCE S 03°15'35"E5 35.35 feet with a west line of said Lot 4X5 Block 106 to a 5/8 inch iron
rod with cap stamped "Carter & Burgess" found at the beginning of a non -tangent curve to the
left;
THENCE with the north line of said Lot 4X, Block 106 and said non -tangent curve to the left,
an are distance of 334.15 feet, through a central angle of 11 °25'48", having a radius of 1675.00
feet, the long chord of which bears S 81 °O1'31 "W, 333.60 feet to a 5/8 inch iron rod with cap
stamped "Carter & Burgess" found;
THENCE S 14°51'38"E, 10.00 feet with the west line of said Lot 4X, Block 106 to a 5/8 inch
iron rod with cap stamped "Carter & Burgess" found in the northerly right -of --way line of
Heritage Trace Parkway (a 130 foot right -of --way) and the beginning of a non -tangent curve to
the left;
THENCE with said northerly right -of --way line and said non -tangent curve to the left, an arc
distance of 158.86 feet, through a central angle of 05°28'00", having a radius of 1665.00 feet, the
long chord of which bears S 72°34'40"W, 158.80 feet to a 5/8 inch iron rod with cap stamped
"Carter & Burgess" found at the southeast corner of said Lot 2X, Block 106;
THENCE N 17°33'38"W, 80.31 feet departing said right -of --way line, with the east line of said
Lot 2X, Block 106 to a 5/8 inch iron rod with cap stamped "Carter & Burgess" found;
THENCE N 46°56138"W, 49.77 feet with the east line of said Lot 2X, Block 106 to a 5/8 inch
iron rod with cap stamped "Carter & Burgess" found,
THENCE S 67003'24"W, 68.27 feet with the north line of said Lot 2X, Block 106 to the POINT
OF BEGINNING and containing 1,281,439 square feet or 29.418 acres of land, more or less.
"This document was prepared under 22 TAC 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 rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared. "
Page 3 of 3
EXHIBIT A-3
LEGAL DESCRIPTION
OF
HERITAGE NORTH
BEING a tract of all situated in the James R. Knight Survey, Abstract No. 902, City of
Fort Worth, Tarrant County, Texas and being all of that tract of land as described by deed
to HRLD 2, L.P. and recorded in County Clerk's filing No. D206078703, County
Records, Tarrant County, Texas, said tract of land being more particularly described by
metes and bounds as follows:
BEGINNING at the northeast corner of said HRLD2, L.P. tract, at ell corner in the west
line of that certain tract of land described by deed to Andrew T. and Kay Masters
Armstrong as recorded in Volume 5321, Page 852, Deed Records, Tarrant County,
Texas;
THENCE S 00°09'37"E along the east line of said HRLD2, L.P. tract and west line of
said Armstrong tract at 590.75 feet the northwest corner of that certain tract of land
described by deed to Andrew T. and Kay Masters Armstrong as recorded in Volume
5409, Page 399, Deed Records, Tarrant County, Texas, at 967.81 the northwest corner of
that certain tract of land described by deed to Andrew T. and Kay Masters Armstrong as
recorded in Volume 5592, Page 408, Deed Records, Tarrant County, Texas, in all
1394.53 feet to the southeast corner of said HRLD2, L.P. tract, and being in the north line
of that certain tract of land described by deed to Hillwood Alliance Residential, L.P.,
formerly known as Hillwood/2500, Ltd. as recorded as Tract 5 in Volume 9409, Page
1403, Deed Records, Tarrant County, Texas;
THENCE S 89°411S4"W, 254.13 feet along the common line of said HRLD2, L.P. tract
and said Hillwood tract;
THENCE S 89051' 1951W, 237.30 feet continuing along said common line of the HRLD2,
L.P. tract and the Hillwood tract;
THENCE N 890261211511T, continuing along said common line of the HRLD2, L.P. tract
and the Hillwood tract, at 333.26 feet the northeast corner of Heritage Addition, Phase
3B, Section 2 as recorded in Cabinet A, Slide 10460, Plat Records, Tarrant County,
Texas, at 824.12 feet the northeast corner of Heritage Addition, Phase 3B, Section 1 as
recorded in Cabinet A, Slide 10319, Plat Records, Tarrant County, Texas, in all 1666.89
feet to the southwest corner of said HRLD2, L.P. tract;
THENCE N 00023' 13"E, 688.49 feet to the most westerly northwest corner of said
HRLD2, L.P. tract, also being in the east right -of --way line of Alta Vista Road (a variable
width public right-of-way) and in the south line of that certain tract of land described by
deed to Louis and Imelda Rodriguez as recorded in Volume 13009, Page 200, Deed
Records, Tarrant County, Texas;
014174.001.001.0447 April 8, 2010
J:\JOB\01417401\SUR\WP\LEG\4174_exl.leg.doc Page 1 of 2
THENCE N 88002'33E, 879.21 feet along the common line of said HRLD2, L.P. tract
and said Rodriguez tract the southeast corner of said Rodriguez tract;
THENCE N 03°33O1E, 233.18 feet continuing along said common line of the HRLD2,
L.P. tract and the Rodriguez tract the most southerly southwest corner of that certain tract
of land described by deed to Amadore Castillo as recorded in Clerk's File Number
D204225548, Deed Records, Tarrant County, Texas;
THENCE N 86°27'28"E, 172.25 feet along the common line of said HRLD2, L.P. tract
and said Castillo tract;
THENCE N 00°06'04"W, continuing along said common line of the HRLD2, L.P. tract
and the Castillo tract, at 313.26 the northeast corner of said Castillo tract, said iron rod
also being the southeast corner of that certain tract of land described by deed to
Christopher Hudgins as recorded in Volume 13691, Page 224, Deed Records, Tarrant
County, Texas, in all 415.68 feet to the most northerly northwest corner of said HRLD2,
L.P. tract;
THENCE S 88°58'22"E, 441.70 feet along the north line of said HRLD2, L.P. tract to the
southwest corner of that certain tract of land described by deed to David and Cindy
Echkhardt as recorded in Volume 12963, Page 241, Deed Records, Tarrant County,
Texas;
THENCE N 89°03'S4"E, along the common line of said HRLD2, L.P. tract and said
Echkhardt tract at 298.32 feet the southeast corner of said Echkhardt tract, also being the
most westerly southwest corner of the aforementioned Armstrong tract recorded in
Volume 5321, in all 643.82 feet to the POINT OF BEGINNING and containing 53.052
acres of land, more or less.
"This document was prepared under 22 TAC 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
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared."
014174.001.001.0447 April 8, 2010
J:\JOB\01417401\SUR\WP\LEG\4174_exl.leg.doc Page 2 of 2
HERITAGE ADDITION
AND
HERITAGE NORTH ADDITION
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- HERITAGE ADDITION
CREDITAGREEMENT
�s
Legend
Developer Built Roads'
Status
Accepted
Heritage Addition Boundary
n ,) `'Eligible for Credit rrom Transportation Impact Fee
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_DOE NUMBER I ASSOCIATED IMPROVEMENTS_ LIMITS
6113 RAY WHITE CONSTRUCT MA4-D FROM KROGER,
DRIVE TO SOUTH OF MALIBU STREET
tr
�'if,,ate
FORT WORTH
EXHIBIT E
Credits Against Transportation Impact Fees
NET CREDIT BALANCE
HERITAGE ADDITION NET CREDIT OVERVIEW 02/19/2010
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EXHIBIT E
Credits Against Transportation Impact Fees
Permit
Number
Status
Subdivision
Street
Number
Street Name
Permit
Paid IF
Fees
Demand
131308-00798
FINALED
HERITAGE NORTH ADDITION
4764
EDDLEMAN DR
$ -
$ 2,000.00
P608-00999
FINALED
HERITAGE NORTH ADDITION
9900
EDDLEMAN CT
$ -
$ 2,000.00
PB0&01000
FINALED
HERITAGE NORTH ADDITION
4745
EDDLEMAN DR
$ -
$ 2.000.00
PB0&01001
FINALED
HERITAGE NORTH ADDITION
4749
EDDLEMAN DR
$ -
$ 21000,00
1?1308-01002
EXPIRED
HERITAGE NORTH ADDITION
4741
EDDLEMAN DR
$ -
$ 2,000.00
PB08-01003
FINALED
HERITAGE NORTH ADDITION
4725
EDDLEMAN DR
$
$ 2,000.00
PB08-01004
FINALED
HERITAGE NORTH ADDITION
9909
EDDLEMAN CT
$ -
$ 21000800
PB08-01297
FINALED
HERITAGE NORTH ADDITION
4757
EDDLEMAN DR
$ -
$ 2,000.00
P13O8-01380
FINALED
HERITAGE NORTH ADDITION
4756
EDDLEMAN DR
$ -
$ 2,000.00
PB0&01950
FINALED
HERITAGE NORTH ADDITION
9913
EDDLEMAN CT
$ -
$ 21000oOO
PB08-02396
FINALED
HERITAGE NORTH ADDITION
4824
SANGERS CT
$ -
$ 2,000.00
1?1308-02397
FINALED
HERITAGE NORTH ADDITION
4820
SANGERS CT
$ -
$ 2,000,00
PB08-02398
EXPIRED
HERITAGE NORTH ADDITION
9913
SAM BASS TRL
$ -
$ 2,000.00
PBO&02728
FINALED
HERITAGE NORTH ADDITION
9908
EDDLEMAN CT
$ -
$ 2,000,00
PB08-03117
FINALED
HERITAGE NORTH ADDITION
4712
EDDLEMAN DR
$ -
$ 2,000900
PB0&03447
FINALED
HERITAGE NORTH ADDITION
4805
EDDLEMAN DR
$
$ 2,000.00
P608-03448
FINALED
HERITAGE NORTH ADDITION
4828
SANGERS CT
$ -
$ 2,000.00
131308-03904
FINALED
HERITAGE NORTH ADDITION
4840
EDDLEMAN DR
$ -
$ 2,000.00
PB08-03905
FINALED
HERITAGE NORTH ADDITION
4801
SANGERS CT
$ -
$ 2,000.00
PB0&03906
FINALED
HERITAGE NORTH ADDITION
9917
SAM BASS TRL
$ -
$ 2 000,00
PB0&04357
FINALED
HERITAGE NORTH ADDITION
4844
EDDLEMAN DR
$ -
$ 2,000.00
PB0&04737
FINALED
HERITAGE NORTH ADDITION
4748
EDDLEMAN DR
$ -
$ 2,000.00
PB08-04826
FINALED
HERITAGE NORTH ADDITION
9924
SAM BASS TRL
$ -
$ 2 000.00
P130&04927
FINALED
HERITAGE NORTH ADDITION
4841
SANGERS CT
$ -
$ 2.000.00
PB08-04985
FINALED
HERITAGE NORTH ADDITION
4709
EDDLEMAN DR
$ -
$ 210OOoOO
PB08-04987
FINALED
HERITAGE NORTH ADDITION
9904
EDDLEMAN CT
$ -
$ 2,000400
PB08-04988
FINALED
HERITAGE NORTH ADDITION
4776
EDDLEMAN DR
$
$ 2,000900
PB0&04989
FINALED
HERITAGE NORTH ADDITION
4737
EDDLEMAN DR
$ -
$ 2,000.00
PB08-05124
FINALED
HERITAGE NORTH ADDITION
4720
EDDLEMAN DR
$ -
$ 2 000.00
P1308-05126
FINALED
HERITAGE NORTH ADDITION
4836
EDDLEMAN DR
$ -
$ 2,000-00
PB0&05366
FINALED
HERITAGE NORTH ADDITION
9921
SAM BASS TRL
$ -
$ 2,000.00
P1308-05438
FINALED
HERITAGE NORTH ADDITION
9920
EDDLEMAN CT
$ -
$ 2,000.00
PB0&05665
FINALED
HERITAGE NORTH ADDITION
4780
EDDLEMAN DR
$ -
$ 2,000.00
PB0&05690
FINALED
HERITAGE NORTH ADDITION
4832
EDDLEMAN DR
$ -
$ 2,000.00
PBO&05782
FINALED
HERITAGE NORTH ADDITION
4724
EDDLEMAN DR
$ -
$ 2.000.00
P1308-05846
FINALED
HERITAGE NORTH ADDITION
4844
SANGERS CT
$ -
$ 2,000.00
PB0&06185
FINALED
HERITAGE NORTH ADDITION
4820
EDDLEMAN DR
$ -
$ 2.000.00
PB08-06441
FINALED
HERITAGE NORTH ADDITION
9912
EDDLEMAN CT
$ -
$ 2,000.00
PB0&06443
FINALED
HERITAGE NORTH ADDITION
9901
EDDLEMAN CT
$ -
$ 2,000.00
PB08-06760
FINALED
HERITAGE NORTH ADDITION
4705
EDDLEMAN DR
$ -
$ 2,000.00
PB08-06997
FINALED
HERITAGE NORTH ADDITION
4729
EDDLEMAN DR
$ -
$ 2,000-00
PB08-07482
FINALED
HERITAGE NORTH ADDITION
4824
EDDLEMAN DR
$ I
$ 2,000.00
P608-07733
FINALED
HERITAGE NORTH ADDITION
4840
SANGERS CT
$ -
$ 2,000.00
PB08-08563
FINALED
HERITAGE NORTH ADDITION
4717
EDDLEMAN DR
$ -
$ 2,000.00
PB08-08564
FINALED
HERITAGE NORTH ADDITION
4752
EDDLEMAN DR
$ -
$ 2,000.00
1213O8-09159
FINALED
HERITAGE NORTH ADDITION
4753
EDDLEMAN DR
$ -
$ 2,000.00
PB0&09938
FINALED
HERITAGE NORTH ADDITION
4829
EDDLEMAN DR
$
$ 2 000.00
PB08-10189 IFINALED
HERITAGE NORTH ADDITION
9929
EDDLEMAN CT
$ -
$ 2,000.00
PBO&10261 1EXPIRED
1HERITAGE
NORTH ADDITION I
4845
EDDLEMAN DR
$ -1
$ 21000oOO
HERITAGE ADDITION BUILDING PERMITS 02/19/2010
EXHIBIT E
Credits Against Transportation Impact Fees
Permit
Number
Status
Subdivision
Street
Number
Street Name
Permit
Paid IF
Fees
Demand
P608-10265
FINALED
HERITAGE NORTH ADDITION
4800
SANGERS CT
$ -
$ 2,000.00
13608-10267
FINALED
HERITAGE NORTH ADDITION
4816
EDDLEMAN DR
$ -
$ 2,000.00
P1308-10488
FINALED
HERITAGE NORTH ADDITION
4848
SANGERS CT
1 $ 2,000.00
PB08-10668
FINALED
HERITAGE NORTH ADDITION
4853
SANGERS CT
$ -
$ 2,000.00
PB08-10687
EXPIRED
HERITAGE NORTH ADDITION
4760
EDDLEMAN DR
$ -
$ 2/000000
P1308A1181
FINALED
HERITAGE NORTH ADDITION
4716
EDDLEMAN DR
$ -
$ 27000.00
PB08-11334
FINALED
HERITAGE NORTH ADDITION
4832
SANGERS CT
$ -
$ 21000,00
P1308-11446
FINALED
HERITAGE NORTH ADDITION
9925
EDDLEMAN CT
$ -
$ 21000,00
PB08-11971
FINALED
HERITAGE NORTH ADDITION
4776
EDDLEMAN DR
$ -
$ 2,000,00
P609-00308
FINALED
HERITAGE NORTH ADDITION
4816
SANGERS CT
$ -
$ 2,000.00
P1309-00895
FINALED
HERITAGE NORTH ADDITION
4808
EDDLEMAN DR
$ -
$ 21000,00
P1309-01323
FINALED
HERITAGE NORTH ADDITION
4813
SANGERS CT
$ -
$ 2,000.00
P609-01501
FINALED
HERITAGE NORTH ADDITION
4812
EDDLEMAN DR
$ -
$ 2/000900
PB09-02359
FINALED
HERITAGE NORTH ADDITION
4804
SANGERS CT
$ -
$ 2,000.00
PB09-02372
FINALED
HERITAGE NORTH ADDITION
4784
EDDLEMAN DR
$ -
$ 2 000.00
PB09-02441
FINALED
HERITAGE NORTH ADDITION
4768
EDDLEMAN DR
$ -
$ 2,000.00
PB09-02748
FINALED
HERITAGE NORTH ADDITION
4825
EDDLEMAN DR
$ -
$ 4000.00
PB09-02867
FINALED
HERITAGE NORTH ADDITION
4805
SANGERS CT
$ -
$ 2,000.00
PB09-03796
FINALED
HERITAGE NORTH ADDITION
4808
SANGERS CT
$ -
$ 21000,001
P1309-03866
FINALED
HERITAGE NORTH ADDITION
4772
EDDLEMAN DR
$ -
$ 2,000.00
PB09-03870
FINALED
HERITAGE NORTH ADDITION
4852
SANGERS CT
$ -
$ 2 000.00
PB09-03871
FINALED
HERITAGE NORTH ADDITION
4836
SANGERS CT
$ -
$ 2 000.00
PB09-04313
FINALED
HERITAGE NORTH ADDITION
4721
EDDLEMAN DR
$ -
$ 2.000w00
13609-04406
FINALED
HERITAGE NORTH ADDITION
9916
EDDLEMAN CT
$ -
$ 2,000.00
PB09-04873
FINALED
HERITAGE NORTH ADDITION
4821
EDDLEMAN DR
$ -
$ 2,000,00
P809-05162
FINALED
HERITAGE NORTH ADDITION
4733
EDDLEMAN DR
$ -
$ 2,000.00
P1309-05422
FINALED
HERITAGE NORTH ADDITION
4804
EDDLEMAN DR
$ -
$ 2,000.00
PB09-05426
FINALED
HERITAGE NORTH ADDITION
4813
EDDLEMAN DR
$ -
$ 2,000.00
PB09-06013
FINALED
HERITAGE NORTH ADDITION
9917
EDDLEMAN CT
$ -
$ 2,000,00
P809-06402
FINALED
HERITAGE NORTH ADDITION
9909
SAM BASS TRL
$W�W-
$ 2 000.00
PB09-06958
FINALED
HERITAGE NORTH ADDITION
4701
EDDLEMAN DR
$ -
$ 2,000.00
PB09-07597
FINALED
HERITAGE NORTH ADDITION
9921
EDDLEMAN CT
$ -
$ 2,000.00
PB09-08206
ISSUED
HERITAGE NORTH ADDITION
9905
EDDLEMAN CT
$ 2,000.00
P809-09485
ISSUED
HERITAGE NORTH ADDITION
4825
SANGERS CT
$ 2,000.00
P1309-09600
ISSUED
HERITAGE NORTH ADDITION
9901
SAM BASS TRL
$ 2,000400
PB09-09602
ISSUED
HERITAGE NORTH ADDITION
4828
EDDLEMAN DR
$2,000.00
131309-10509
ISSUED
HERITAGE NORTH ADDITION
4713
EDDLEMAN DR I
$ 2,000.00
131310-00272
ISSUED
HERITAGE NORTH ADDITION
48011
EDDLEMAN DR
$ 2,000.00
VALUE OF EXISTING DEMAND
$162,000.0O
HERITAGE ADDITION BUILDING PERMITS 02/19/2010
EXHIBIT E
Credits Against Transportation Impact Fees
Grading and Mass Excavation
Street Lights
Engineering/Surveying/Testing @ 20%
Geotech
ROW @10%
Quantity Unit Type Unit Cost Total
$ 80,656.25
$ 4A0 EA $11280.00 $ 5,120400
$ 85,129,65
$ 2,500,00
$ 427564.83
Total Other Developer Eligible Credits $ 215,970.73
HERITAGE ADDITION OTHER CREDITS 02/19/2010
EXHIBIT E
Credits Against Transportation Impact Fees
DOE 6113/ Ray to
Paving
8" LIME SUBGRADE
HYDRATED LIME
10' RC STREET PVMT W/7" CURB
BARRIER FREE RAMPS
'SIDEWALK
END OF ROAD BARRICADE
ADJUST EXISTING WATER VALVE
ADJUST EXISTING WATER BLOW -OFF VALVE
ADJUST EXISTING FIRE HYDRANT
TRAFFIC CONTROL
PAVEMENT MARKINGS
TRAFFIC SIGNS
Storm Drain
21" RCP STORM PIPE
10' RECESSED CURB INLET
TRENCH SAFETY
6X5 BOX (5% ARTERIAL DRAINAGE)
6X5 HEADWALL (5% ARTERIAL DRAINAGE)
MH ACCESS IN RC BOX
Quantity Unit Type Unit Cost Total
7707 SY $ 175 $ 21,194325
116 TON $ 135400 $ 15,660000
7353 SY $ 42.00 $ 3089826,00
6 EA $ 1,400000 $ 8,400100
5315 SF $ 3,00 $ 15,945.00
23 LF $ 35200 $ 805,00
4 EA $ 400,00 $ 19600000
1 EA $ 1,200,00 $ 1,200,00
2 EA $ 1,500,00 $ 36000,00
2115 LF $ 4.00 $ 8,460,00
3436 LF $ 3,00 $ 10,308,00
11 EA $ 500.00 $ 5,500.00
$ 400,898.25
Quantity Unit Type Unit Cost Total
220 LF $ 50000 $ 111000800
2 EA $ 2,300,00 $ 4,600,00
220 LF $ 1.00 $ 220.00
$ 3,120.00
$ 210.00
2 EA $ 2,800,00 $ 50600000
$ 249750.00
TOTAL CREDIT FOR D®E $ 425,648.25
HERITAGE ADDITION DOE6113 02/19/2010
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