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Home My WebLink AboutContract 55764��i� �ECR��A#tY ; � ��' ��1 ��. �' � � � w - � INTERLOCAL AGREEMENT ALLOCATING EXTRATERRITORIAL JURISDICTIOI� AND RETAIL WATER AND SE�VVER SERV�CE AREAS SETWEEI�1 .- TI�� TOWN OF N012T�-ILAKE, TEXAS, THE CITY OF �USTYIrT, TE�LAS and THE CITY OF FORT WORTH, TEXAS This Interlocal Agreement {"Agreement"} is by and befiween the City of Ju,stin, Texas ("Jus�in"), a general law municipaIity, and the Town of Northlake, Texas ("Northlake"), a general law municipalzty, and the City of Fort �arth, a home rule municipa�ity, collectively "the Parties," for the release, acceptance and allocation of extraterritorial jurisciiction ("ETJ"} betvaeen Justin and Northlake. RECITALS The follovv�ng recitals are deemed by the Parties as true and correct �n all zx�aterial respects: 1. �n August 30, 2Q19, the Texas Supreme Court denied Northlake's Petition for Review and on April 3, 2020, the Texas Supr�me Court denied Northlal�e's motzox� far rehearing in Town of Northlake v. City of Justin, 1$-0651 (the "Ca�e"); 2. Or� April 6, 2020, the Case was rezxzanded to ihe District Court of Denton County, Texas for further pxoceeding�; 4. On November 18, 2Q20, the City of Fort Worth f led its Plea in Intervention in the Case; 5. Thereafter, Narthlake and. Fort Worth entered into settlement negotiations with Justin, resulting in a Memorandum of Understanding ("MOU"} aitached as Exhibit 1; and 6. This Agreement implements the MOU. AGRE�MENT Novcr therefare the Parties, �ox good a�nd suff cient consideration do hereby agree as follows: ARTICLE I. ETJ TRANSCAT�ONS A. Subject Tracts. This Artic�e � implerr�ents the provisions of the MOU regarding ETJ. The tracts subjec� to this Agreement are depicted on Exhibit 2 attached hereto (being the first exhibit of the MOU) as tracts A through I, peparazeiy �'epic�e�' • d � ��4 �� 1 �"�a ��i�' �� described in Exhibits 3(iract A), 4(tract B), 5(fract C), 6(tract D), 7{fract E), S (tract F}, 9{tract G}, 10 {tract H) ancl. �](tract I), respectively, and attached hereto. B. Tracts A throu�. i. Tnitial Release of ETJ Claims by Justin. Jusfan hexeby agrees, as of the eff�ctive date of this Agreement, but zn any event not later than Apri128, 2021, to reiease from its ETJ by resolution, pursuant io section 42.023 of the TeXas Local Government Code, ail of tracts B, C and D and that part of tract A that is vvithin one (1) rr�ile ofNorthlake's Corporate Limits (hereinafter the "Initial Release"). 2. Di�annexation by Justin. Justin shall disa�uiex tract C prior to the Initial Release and by the ef�ective date of this Agreement, but in no event later than April 28, 2021. 3. Subsequent Releases af ETJ by Justin. Justz� agrees ta release the portion of its ET� in fract A naf included in fihe Initial Re�ease as follows: a. Without further aciion by Justin, upon Northtake'� anne�ation �f �erritory within iis ETJ, that portion of Tract A�Iiat lies within one mi�e from the r�sulting carparate boundarzes of Nortkzlake by such annexatian shall becozxxe the exclusive ETJ of Northlake on the ef�ective da#e thereof. Northiake shall notify �ustin of such annexation and the extension of its ETJ wiihin 10 days of' the effeciive date fhereof and Justin and Northlake shall modify their corporate and ETJ boundaries accordingly. b. Upon natificatzo�. by NorthIake to Justin that Northlake has received a request by the oumer(s) of lana in tract A that was not incluc�.ed in the Initial Relea�e to ex�and Northlake's ETJ to include such land, Justin shall release such territory exclusively fo Narthlake, effective upon Northlake's adoptian of a reso�ufiion or ordinance including the pxoperty within its ETJ. c. Northlake and .�ustin may use any oth�r availabl� means authorized by Tex. Loc. Gov't Chapters 4�2 ar 43 in order to transfer that portion of Tract A not included ian �he Initial Re�ease from Justin's ETJ to NorthIake's ETJ. C. Tracts E through I. Fort Worth, Justin and Northlake shall adopi a Joinf Resolution, substanfially in the form of E�hibit 12 attached he�e�o, that contains ttae following provisxons: Fort Worth shall reduce its ETJ in tracts E, G and H and Justin shall expand its ETJ to include such tracts. 2 2. �ustin sha11 reduce its ETJ in traci F and release zts claim to ETJ in tract I and Fort Worth shall expand its ET.T to include such tracts. � 3. NorthXake shall release its clairns to ETJ in tracts E, G and H. North�ake also shall adopf a separafe resolution releasing its claims to ETJ in tracts E, G and H. on or be%re Apri129, 2021. D. Adjusfirr�ent of.Boundaries. The Parties shall adjust their corporate boundaries or ET7 boundax�es as their corporate boundaries and ETJ boundaries change in a ma�er ihat is cQnsisten# with this Agreement. E. Boundary Agreennent. All parties agree that as to ax�y frac�s that they have released or that vvill be iransferxed by agreement, ihey shall not and shall not aitempt to retain, reacquire or claim as ETJ ar as part of their corporate Iimits any part of such tracts by any m�ans, including but nat limifed to extension of ETJ through annexation, population growth or land owner petition, nor shall release by any Party of any territory it acquires through this Agreernent constitute authorization for a�y other Party to claim such fierritory, �xnless by express wxitten arn�ndment of this Agreement. F. �ubdivisians. Each Party shall have the e�clusive jurisdiction to regulat� subdivision plats and approve subdivision cox�strucfion plans consistent wi�th the ETJ boundaries established under this article of this Agreerne�t, in accordance with Chapter 212 of the Texas Lacal Government Code (TLGC}, as ame�ded, and o�her statutes applicable to the ETJ o� Texas municipalities. ARTICLE I�. WATER AND SEWER SERV�CES A. Retail V�ater Utility Sezvzce. l. Retail Water Utility Service by Northlake. As betwe�n Northlake and Justin, Norkhlake shall have the exclusive authority and right to extend an.d pxovide retail water utiiiiy service ta a11 areas released or to be released by Justin under the terrns af Article I, which comprise Tracfs A, B, C, D, and I illustrated on Exhibit 2. 2. Retail Water Utilit Service b Justin. As between Nor�hlake and Justin, Justin shall have the exclusive authority and right to extenc� and provide retail water utility servic� to all areas subjecfi to Northlake's and Fort Worth.'s release of claims under Section I.D, which comprise Tracts E, G, and H i�lustrated on Exhib�t 2. 3. Retail Water Utiliiv Service w�t.tiin Tract F. As between Northlake and Justin, Northlake shall have the excIusive authority and right to extend and provide re�ail water utility service to portions of Tract F, as iliusiraied in Exhibit 2, east of F.M. Road 156. Justin shall have the exclusive authority and right to exiend and provide retail water �tility service to partions oi Tract F, as illustraYed in Exhibit 2, r�vest of F.M. Road i 56. B. Retai� Sewer Utility Service. Retail _Sewer Utilitv Service by Northlake. As between Northlake and J�stin, Northlake shall have the exclusive auihority and right fio extend and provide retail sewer utiliiy service to Tracts A, B, C, D, E, F, az�d I il�ustrated an E�hibit 2. 2. Retail Sewer Utilitv Service by Justin. As between Northlak� and Justin, rustin shall have the exclusive authority and right to extend and provide retail sewer utility service to Tracis G and H iliusirated on Exhibit 2. C. Other Provisions for Water and Sewer Uti�ity �ervices. �1. Re�ulaior�Atibrovals. Each Party inay include a11 areas�to which it has exclusive right of service under this Agreement withi� its xespective Certificate of Pu�lic Convenience and Necessity ("CCN") in accordance wi�th applicable legal requirements, including but not limited to Chapter 13 of the Texas Water Code and the rules af the Public Utility Commission of Texas ("PUC") and subject to consent or decertification from any entity not par�y to this Agreement current�y certificated by FUC to pxovide retail water or se�cnrer service withi� any tracts subject to this Agreement. 2. Actions to Im�lezx�ent Al�ocation of Water and Sewer Service Ri�hts. The Parties shall cooperate in taking a�l aciions reasQnably necessary to implemeni ar�d effectuate ihe allocation of retail water and sewer service rights as described in this Agreernent, inciuding prosecution o:E applications be�oxe the PUC to amend each Party's respective certif cated water and sewer service area boundaries. The mutual covenants and releases between the Parties contained in the Settleznent Agreement and this Agreement con�titute the consideration for such CCN amendments. No other consideration shall be owed to Justin or Northlake for such CCN a�xzendments. 3. CCN Service Area Transfer Agreexne�ts. Ar�y transfer batween the Parties of certificated water and sewer service area that is required far �1ie Parties to implement the terms of �his Agreement shall be accompiished tbrough a separate agreement or agreements between the Parties or between a Party and any certificated water ox sewer service provider under Texas Water Code �eciion 13.248 or through any othex means that is allowable �xnder PUC rules. Any Section 13.248 Agreerrient entered into by az�d between Justin. and Northlake fo effectuate the terms of ihis Agreement shall subsiantially be in the fQrm as set farth in E�hibit 13. 4. Water Impact Fees. Northlake and Fort Woz-th hexeby authorize Justin to charge impac# fees for capital irnprovements related to water supply, treatment, and distribution facilities within the portion of Tract F allocated to Justin as described in Sectiorz ��.A.3. In charging impact fees within Tract � F, Justin shall comply with all applicable provisions of Chapter 395 of the Texas Local Gover�u-tient Code. 5. Wasiewater Impact k'ees. Ii and when Northlake becaames an authorized re�ail sewer service provider in Tract E, Justin hereby authorizes Northlake io charge wastewater impact fees within Tract E and NorthIake shall impose and collect a wastewater impacf fee for nery develQprnents �rithin f1�o�e areas consistent with the requirements o� Chaptex 395 a� the Texas Local Gavernme�t Code. Norti�lake shall make annual payments to Justin equivalent to 100% of the wastewater impaci fees actually collected during each calendar year from new developments within the areas identified in this seetion. Northlake shall make such payments ta Justin by March 31 of the year follawing the calendar year in whici� such izxapact �ees are coliected. 6. Joint Billing Agxeennent for Tract E. In the event Justin becomes the exclusive retail water service provider far all or a portion of Tract E and � Northlake becomes the excIusive retail sewer service provider for all or a portian of Tract E, Justin and Northlalce will enter info a joint billing agreement praviding fox the watex a�d sewex ufiility bitling af joint cusfion:�exs wi.thin such areas under a single monthly bill. To the extent allowed by the utility service tariffs and rules of Justin and Northlake, such agreernent may provic�e for termination of water or sewer service for failure of a customer to timely pay eith�r a rnrater or se�nrer billing. 7. Ot�er Actions to Imp�ement Allocation af Water and Sewer Service Ri h�ts. The Parties shaZl not undertake any action io provide retail water service to property, or to acquire the retail water service rights for pro�erty, that is inconsistent with this Agreement. To the exte�t a Party has already comrnenced negotiations or undertaken measures to acqu.ire retail water service rights to property that wil� be incan�istez�t w�ith �zs Agreezx�en# when execufied, such Party shaIl abandon such negotiations and measures no laier than ten {14) days after the Effective Date of this Agreemen�; provided however a Party may enter into negotiations with a third party for an agre�ment concerning water utility service that is not inconsistent with the te�s of this Agreement. The �arties shall not inte�rvene in, oppose, or otherwise conte�t any PUC proceeding initiated by a Party to modify certificated water service area in compliance wiih this Agree�nent unless such interveniion is Iega�ly necessary to obtain PUC approval. ARTICLE III. GENERAL PROVISIOl�IS A. Incorparation of Recitals and Exhibits. The Recitals to this Agreement and Exhibits 1 fihrough 13 herein referenced are incorporated into this Agreement and made a part hereof as if fully set forth. B. Term and Effective Date. The term of �his Agreement sha11 be 25 years from its Effective Date, which is the date the last of the Parties executes the Agreement. The term may be extended by �lie mutual written agreement of the Parties. GJ C. No Third-Partv Beneficiaries. The benefits and burdens of this Agreement are exclusive to the Partie,s. None of the covenants hexein contained shall be construed to create any third-party beneficiary or create any claim for relief in a third paxty. D. Sovereign Immunif�. B�+ ent�ring into and executing this Agreement, the Parties Parties do nat waive, lirz�it or surrender thei� respective sovereig� immunity, except as specifically provided for herein. E. Ar�endrnent. This Agreernent may �e amended only in a wxifiten agreezx�ent executed by the Parties hereto. �'. Savin�s and SeverabilitX. In the event that any one or more of th� sections, subsections, provisions, clauses or words of this Agreernent or the applicatia� a� such sections, subsectiar�s, provisions, clauses or words to any siivation or circurnstance shall be, or should be held to be, �or aa�y xeason, invalid or unconsti�tibnal, under the laws o� constiiutions of ihe S`tate of Texas or -the United States of Anaexica, ox xn contraven�ion of any such laws or constitutions, such invalidiiy, unconsiitutionality or contravention shalI not affect any other sections, subsections, provisions, clauses or words of this Agreement or the application o� such sections, subsections, provisions, clauses or words to a.ny other situation or circumstances, and it is intended that this Ag�reernent sha1l be severable and shall be construed and appIied as if any such invalid or unconstitutional section, subsecfiion, provision, clause ar word had not been included herein, and the rights and obligations of the Parties hereto shall be construed and remain in force accordingly. G. Joint Draftin�. This Agreement shall be deemed drafted equally by the parties herefio. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and the pxesumption ar principle that the language herein is to be construed against either party shall not apply. H. Recardation. This Agreement, alI arnendments and joindexs thereto, and assignments thereaf, shall be recorded in the property records of Denton County, Texas. I. Autlaoxizatxan. Each Party represents to the other that it is fully authorized to enier into ihis Amendment and to perform its obligatzo�s hereunder and that no waiver, consent, approval, or authorization fr�m any third party is required to be obtained or made in connecfian with the e�ecution, delivery, or performance of this Agreernent in accordance with its te�nns. J. Relaiionship of the Parties. Nothing in fhis Agreement sl�all be deemed or consirued by the Parties, ar by any third party, as creafiing fihe xelationship of principal and agent or of a parfnership or joint venture between any of tlie Parties, nor any joint enterpxise. K. Successors and Assigns. This Agreement shall bind and shall be for the sole and exclusive benefit of, the Parties an:d their Iega.l successors, and creafe no rights in other parties, including the public at large. No Party sha11 assign its interest in this Agreement vaithout the prior written consenf of the other Party, unless oiherwise �rovided by Iaw. L. References to Statuiory Provisions. Any reference fio a stat�te is ta its current version and as it may be amended from #ime �o iime. 0 M. Natices. Notices shall be sent as to the �ersons and addresses that follow. Either Party may further change its address for notices and corntriunications hexeunder by �roviding notice pursuant to thi,s section. If to Northlake: �hirley Rogers Town Seeretary Tar�n of Northlake 1500 Cornrnons Circle Drive Northlake, Texas 76226 _ �ar�r ,- :' � t�' Ln�s r" _�:.'.^'-1 {940) 648-3290 x (202) Copy to: Ashley Dierker Town Attorney Taylox Olson Adkins Srail & E�am, LLP 6D00 Westezn Place, Suite 200 Fort Worth, Te�as 76107 a��ic:;k..; .._ - - -- �em (8 ].7} 332-2580 If to Justin: Charles Ewing Cxty Manager City of Justin 415 North Coltege Ave. rustin, Texas 76247 .�:r7,�,city�fj�ia4:...u�r� . {940) 648-2541 If to Fort VVorth: Dana Burghdoff Assistant City Manager City of Fort Worth 200 Texas Streef Fort Worth, Te�as 76102 - - '---- - � r��`� ' ii�VGTIJ1tEit�;3. v`: {S 17)392-8018 Copy to: Matthew Boyle Boyle Lawry, LLP City Attorney 4201 Wingre�, Suite 108 Irving, Texas 75062 • . �bQt,��F_�.,,%vi .L'Ori) (972} 650-7100 Copy to: Ck�istopher Mosley Seniox Assis�ant City Attorn.ey City Ationaey's Office 200 Texas Street Far� Worth, Texas 76 � 02 CriT15.T � ii L OT'1i1�.cX�.k,i � (817)392-7603 � _ � N. Effective Date. This Interlocal Agreement shall take e�fect on the date it is e�ecuted by the last Party. 7 IN WYTNESS WHEREOF, FORT WORTH, JTJSTIN AND l�IORTHLAKE, have e�cecuted counterparts io effectuate this Agreerz�ent, which will become effective on the date that the last Party executes this Agreemeni. ATTEST: �?•4��``"'�� "'`'� s� C�TY OF JUSTIN �� M k � �!� % ��ai�ki a��i3�j; /�,� y� sr '�i'i�lt4'�frifil6��, 1 � ��'� � CITY SECRETARY Date: , 2021 MAYOR Date: �„�, 2021 Approved As To Fortn And Legality: CITY ATTORNEY ��'C�;�� A�� a �r��s �9� g!_._.�-w ._ � - __� �1TT'EST: � �J __} , � TO�V� SECIZETARY D�te: ^, 2021 T�WN O�' t'��I�'I'HLAI�E . _� � � `, � B. 1 , � � - � �- �� t� � , , ,ri-� . �" � / � �I - �'�, -`�r � �1 � � Approved As To �'orrn And Legaiity_ By: �r ,� �2� l � �I�ss �'ox�� Mcno � r,� MaYo� Date: 'I; , _, Zoz � ��Q��, 6��R� � �� °�A�� tl a �� 6 �, O bY � � _ �. n ATT�ST: � � / ' � �� _-_.� ��CI I'Y SECRBTARY Date: � ! 2021 A�p�av ci As `�'o F�rrn And I�egality: � � � � '� � f L � ' - CI"['Y A7'�'ORNEY 10 C�TY Or I{`4RT WORTH B�. . _ ,� _ , I ASSISTAN'1' C1V:�� MAN ,R Date: �F�; L•, 2021 � � • " _��1�� --� � � ! �� t,i � �-��. _ � � �:� ��A�� D �6°� ��e��TA�� ; ��RT�9, �'3� Exhibits List fr�terlocal Agreement Fort Worth, Justin and iVorthEake Exhibit 1: Exhibit 2: �xhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit �.0: Exhihit 11: Exhibit 12: Exhibit 13: Memorandum of Understanding Subject Property Map Tract A Map and Legal Description iract B Map and Legai Description Tract C Map and Legal pescription Tract 17 Map and Legal Description 7ract E Map ar�d Legal Descriptian Tract F Map and Legal Description Tract G Map and Legal Description Tract H Map and Legal Description Tract I Map and Legal Description Joint Resolution Form Section 13.248 Agreement Form EXHIS�T 1 Memoarandum of Understanding ,MEMORANDUM OF IJNDERSTANDING �. Par#ies, Parpose and Intent 1. T,he �arties ta tkis IVlemorandum Qf U�dersianding ("M�i]") are the Tawn of Northl�e, the Ciiy of Justi� and th� City o�' Fort Worth. 2. The purpose of �h�s Mt�U is to def ne tlne t�rms of settlenzent af all claizxas assez�ed ar which couid have been asserted by the Partzes ag�nst ane anoth�r, past, prese�t or future, in To��t of.No�thlake �i. City of Jr�stir�, No. 15-08 X 70-367, pending in the district court oiDenton Count�+, TX {"the Case"}. �t is the fi�rtl�ei pu�pose of this MOU to de�ne te�s by whic� ETJ boundaxies a�d retail se�vice are�s ftir water and wastewater among the Pax-iies shalI be deterrnzned. It is the a�tez�t o�the Pa��ties that ail te��s co�iair�ed in this MOU shall be incl�zded �+ithin a for�al Settleme�t Agreea�x�ent expeclitiausly executed by the Pa�•ties, which agi•eement shal� be incnrparatecl in an A�eed Jud�;ernent a�nvng �te P�-ties. 4. The Pa�ties intend �a 3ncl�de adclitional te�rrm.s to ihose cc�ntained in this MOU i� the farrnal Seitle:€�ex�t Agreennent between the Parties as nacessa�•y ta camplete and gi�+e futl effeet to the conceptual agreeme��t outIined her�in. 5. �t is fhe fi:��•th�� intent of th� �ax•�ies to cavperate in preparing sett�.emen.t documenfs and to ex�ediiious�� undei�ake �l�e acts herein described. 6. `�'his MOU pertains t� the a�•eas d�picted on Exh�bit 1 t�at i� part af �his Md�T. ?. V�Ihile the Pal�ties inten�. th.at tlae tei�ns ou�lined in �is MOU �vil� be reflected in fhe fozn�al Settleirz�e�fi Agreernent, ihis ��U alone cons�it�tes a non-binding agreemeni betrve�n and among the Paxties on ienns to be forrnally agreed ta subsec�uently. II. Allocation of ETJ A. Attachec� as Exhibif 1 is a nlap depictia� agree�. Extra Tei�ritoria.l Jurisdiction (`BTI") bo�ndaries b��veen Northlake, 3usfin, and Fart Wot�th. B.. 'Z'he Paz�ties shall coopezate to p�aduce accu�rate maps of watear and wastewater CCNs allocated under this MdU showirfg sar�ic� areas pre- an.d ;pasfi-s�ttIement for each o� the h•acts shown in Exhibit 1, which maps shall be incatparat�d into the �ettlement Ag�eerr�ent as exhibits. C. Allocatio�. o:f �TJ az�d Corpnxate L�:nni�s 1. T�e at•eas for w�ich ETJ bounc�aries have bee� ag��e�d to are t��acts A ttv�oug� I, as shown o� Exhibit 1, 2. LegaX descziptions ofthe subject tracts shall be p�epared as falla�c�vs: a. 3usi;in ��al� pxepar� ihe legal desc�iptions for tracis A t�ough E. b. Noi-�hlalce shal� prepaa.�e the 1ega.� descri�tzvns for tracts r thz•augl� I. 3. Prior to thzs MOU, Fort �ar�I� and �Tflz�la�Ce, on the a�e hand, and .�ustin on ihe a�hez, dis�.�eed about t1�e ETJ stattas of tracts E, F, G, H ar�d �. 4. The �pa��i�s �.o�v agree t�at tracis E, G and H d�picted 'us Exhibit � sha11 �e included in 7�stin's exclusiv� ETJ. 5. �'�.e parties �now agr�ee that i�•acts A, B, C, D, F an.d Y depicted in Exhibit 1 shall b� ineluded in Northtaka's ��clusive BTJ. C. Relinqais�z�aent of Claims and Necessaty Measures. Fox�i Warth and Nort�lalce shall take necessary and appropz�ate steps to reduce �eir ETJ in tracts E, G, and H and to utilize app�a�i7ate prneedures for assUring timely acqUisztzon of such ETJ by Jus#in, including, t� �e extent th�ir use would be �awfi�I, TLGC sectio�.s �42.022, 42.�23, �3.D03(3) and 43.015. Fort V+�orl:h and Norihlalce sk�a11 �na1c� sueh axne�.dn�en�s to their 202€l ETr ligreemez�t as necessary to conform tl�ai agreeznent to �he ETJ ba�ndaries establxsk�ed by this MQU. 2. J�astin sha11 take al1 z�ecessai•y and appxopriate steps to xeduce its ETJ in tracts A,B,C,J7, F, and I and to u�li�e appropria�e p�aceduY•es for assurir�g timely acquisi�ion of sueh ET`J by Not�lake, inc�uding, to the exfent their use vvauid be lavvful, TLGC sections 42.022, 42.023, 43AD3(3) and �3.015. Iustin sk�all disa�nex t�-act C and t�l�e action to reduce its ET� ta rerno�e this �.•act. 3. No Party s1aaX� chalienge the E'�'J boundaries ta be established through this MOU a�.d all pai�ti�s �i11 mutually waive and release any clainns that rnay have against fh� ofiher to challeng� t�ie iegality a£thosc �oundaxxes. 4, Ina�:zediately after %nal e�ecu#ian of the �oi�al seit).em:�nt ag�•e�ment cantamplated by tl�is MOU, each Pariy shall revise its afficial car�o�rate li�its and �TJ bo-undary ma�s to conform to i:kze ��%bit 1 and irz daing so it wo�ld be the intent af the parties to desc�ibe a co�on boun.dary line betv�reen and ama�g th�m, �hai may only be altered througl� agreemen� among t�e Parties. 5. Justin and Fort Woxth w'ill ex�editiousl�+ negotiate and come to terms on an ag�•eeme�t governing the reduction by Foi� i�orth af �TJ not desa�i�ed in Exhibit 1�at Justin v�rill claim and the execu�ion of tk�at agreement is a condition precedent -io the f�nal execution of th� fflr�rzaal settlern�nt agreez�ent coni�rnplated by this Iv�OU. � 6. The Pa.i-iies shall coopexate in carrying out �:I�.e p�•ovisi�ns of this section II by t1�e expeditious prepara�ion and executian o#'a Settlement Agreement ineoiporatin:g the terms outlined in this MOU. III. Al�oea�ion of Cearti�icated Areas for Wa�er Services A. Allacation of Water CCN Service Azeas �. Attached as Exhibii 2 is a map depic�ing pos�-settlezx�ent wat�r �CN boundari.es for the ETJ i�:ac�s A through I allocated ta No�-�hlake nr �o Justin under this 1VIOU. The e�istir�g water CCN bo�.ndaries for such txacts can be deterinined by x�eferenc� to the afficial water CCI� maps for J]enton County an file wit�. fhe PUC. As shown an ths PUC's o�fcial CCN i�aps, the �water CC�Is �ox sc�me gf the irae�s a�•e heJd by non- parties and �hact E is �zoi cuxrently c�rti�icatecl under any entity's water CCl`i. Northlalce ox Tusti� r�.� but is nafi obligated to aequite thc water CCN foz a ixact from a non�pai�ty to this MOU. 2. Fort i�ilorlh a�d Narthlake disclaim any zx�ht a� infen�ion to provide �etaal wafier sezvice to Ti�ct E, traot F west o�the Highvvay 156 right-o� wa�, tract G and t�ac� H, as shown an E�hibit 2. Justin shall ha�e the exel�s�ve right ta extend water u�iiity seiviee to such t�acts and may, at Jusfi��'s sal� rliscretian, iz�c�Ude s�oh �aets wi#I�in Justin's cer�ificated a�•ea fo� water service. 3usfaz� will camply w�ith all applica�le re�ulations in acquir�ng certi�cated water s�rv�ee areas. �. Justin discXazzxas �ny right or ii�tentic�n to pzo�ide refiail water service �o T�acts A th�o�xgh D, tract I and t�•act �' east of fil�e Highway 156 right-c�� way, as sho�vn oz� Exhibit 2. Northlake shall hav� the exclusi�e x xgk�t fa �xiend �water utility se�-vice to such t�acts and may, at Noi-tl��aJ�e's sole discreiio�:, include such tracts vaithin Nort�lake's certif-zcated area for vvater sexvice. Nai�ihlake will comply with aX� appIicahi� regula�ions in acquixing cei-t�f cated vvatex seivice ar�as. B. Re�inqu�ishment of CIairns and Necessary Measure� 1. ,�ustin and Northiake shall taka all measures necess�� ta e�eet acq�zisition and �ransfer of watex• certi�'icated aY�eas between them �o achieve allocatxa� of th� certificated areas for wate�• service, as desei7be� in subsection A. 2. No Paxty s�a�I enter into nego�iations ar undertalce rneasules to acq�xire waier CCN rights for an� of the allocated �-acts unless in accordance with this MOU. If a Pat-ty h�as al�•eady enfiered into ne�o�.ations ar t�.nderiaken rneaswres f4 acc�uire watei• CCN righ� tliat are �ot in accardance with this MOU, tl�e Party shali irnmediately abanda� such n�ga�.ations and xneasures upon �xecui�on of a fo�r�:aal �ettlemezxt Ag� eem��nfi. 3 3. Jus�in shall e�ter into a�-�y agreetr�.enfs wxth Noxthlake pw-suant to Tex. Water Co�te section 13.248 tha� axe neces�ary �to legally transfer any ee��tificated waier service area ta Northtake for txacts A, B and C�d shail caoperate and suppa�•t the designatian and �iansf�r of sucl� certificated areas to Noi�thlake �eiQre the PUC and �l other state a�d �ocal �oveinmentai bodies required �nder releva�ai and appIicable re�ulations. 4, No Pai�y shail iz�tex va�e zn or coniest any petinor� to th� PUC by anothea� Party or a non-par�y to acquu� or decertify cextificated �vatez service area �hat is cansiste�t vvith t�e alloca#�on of water CCN rig�ts under this �ecti€�n �II �u�.iess such intexventic�� is legally necessa�•y to obtain PUC appraval of such pe�if�on. 5. `�'he �'ariies shall cooperate in cax�yirzg our the pravisxans of �his sec�crn IIT by the e�pedi#�aus preparation and exeeution of a Set�ement Agreemei�t inco�rporatin� �.� ternms af this MOU. ' � " 6. A Party may ente�• ii�to negatiations wiih any non-party for an a�.•eement concerning water uislity serviee tha-� is no� incoz�s�st�nt with the telins of the �ettlement Agreement. IV. All�cataon af �ertificated Areas for Wastewater• (Sewerj Servxces A. Al�ocation af Vi�asie�ra-�er CCN Sexvice Areas 1. Attached as E�hibit 3 zs a map de�aicting past�settl�meni �vastewater CCN bounda�ries f�r tl�e ETJ tracts A tluough � a��acated to Northlalce or to Justin u:�dex tl�is MOU. '�'�ae existing wastewater CCN bo�ndart•ies %r such i�-acts can be dete��nined by r�ferei-�ce ta the off cial wastewat�r CCN zr�aps for Denton County o� file with the PUC, As s�own on the PUC's o��icial CCN' maps tract E is not currently ce�•t��ea.ted und.er any entity's wastewater CCN. NQx•t�€lal�e o� �'ustin xxzay bu# is �c�t obligated tc� aequire the wast�wata� CChi far a i�act from a�ay �•et�il public utiX�ty that is not party ta ihis MOU. 2, Fort 1�orth and Narti�lake disclainn any x•ight or intention to provide re�aa� v�rasfewater se�•vice to Tracts G and H, as shor�vn on. E�k�ibit 3. Jusiin s�i�111nave �e exclusive right ta ex�end wastewate�r collection or s�wer service �o such tcacts and �nay, at �ustin's sole d.iaczet�nn, include such t�racts wiihin Justin's eerii�cated service area fQr wasfiewater service. .�ustin �ill �o�nply with aIl applicabl� reguiatzans in acc�uirin� certificated sewer seivzce areas. 3, J�s�in disclaims ar�y right arr i��tention ta �rovide retai� wast�water ��rvice to Tracts A t�t•ouglx F and #ract T, as shown o� E��ibi1: 3. Nox-thla�ce sha�l have th.e �xclusive right to extend wasiewa�ex• u�i�ity seivice �o such tracts and may, at Noz tiilake's sole CI1SCTe�iPn, 1riCll.�dB SUC�2 iT�Ct3 WI�11Y1 NOX'tl�]�aZ��'S CO3'E1�GatEC� �TO� �OP '1%IaSt�W�t�I' serv'ice. Noi•thlalce wiIl comply wiih all applicab�e k•egulatio�s in acquirin� cei�ti�cated wastewater water service aa•eas. 4 $. Relinquishment of Claims and Nacessaxy Meastues 1. Just�n a�d Northlake shall take ali �easures necessary to e�f`rect acquisitia�. arzd t�ansf�r of wastewate� certificated ar�as �etween t�Zem to achieve allocatian of th� certificated �-eas for r�vastewatex• se�viee, as descri�bec� ix�. subsect�vn A. 2, No Pai-ty shall urtriei�ake ta�easures to acc�ui�� wastevvatex CCN rights for any 4f the atlacated tracts unless in accarc�a;�ce wit�a this MOU. Tf a Paz�y has aiready unde��ta�C�n ineasures to acquire th� �vvaste�,vater CCN rights tk�at are not in accordanae with. this MOU, the Pai-iy sha11 immediately abandon such e��orls upon executioz� nf a formal �etilement Ag�eexnent. 3. JUstix� s�.all enfier i�to any agree�e�ts with Nortl�ak� pursuant ta Tex, Water Cvds . section 13.248 z�ecessary to lega�iy transfer any and a11 of i�s ee��tif ca�ed wastewater service �ights #o Nori:hlalce for fi�aats A througl� C and traat Z at�d shall coo�e�•ate and support the desi�ation and transfer of such ce��ificated areas to Noi�hlake befa��e �h� PUC and any other state and lacal governmental bodies x�equired under ze�evant a.�d applicable reg�lations. 4. N�arthlake shall entex xnto a�y a�r�ement witl� Justin pzusua�t io Te�. Water Coc�e sectzo� �3.2A�8 nee�ssary to iransfer any and aIl of its cex-tifcated �astewaiei• S�TV1C� 1'1��1tS t0 .�LiS�LFI. ��P ttacts G and H a�d shall cooperate and suppo�Y the L�BSI�Tlat101i 8T1{� CTc�riSf�T Of SUGii G�S��.tCai�CI �1•eas to Narthlake be�ox•e th� PUC and a�� oih�r state and 1oca1 gavez�mentai bodies required u�xd�r relevan� and app��cabl� regulations. 5, No �a��ty shall i�itervene in ax eontest $ny �etition to t:he PUC by anofiher Part�r or a nnn-party to acquire o� decertify certificated sewer service area that is consist�nt vvith the a�locafion of sewer CCN rigl�ts under this Sectio� III unless such iniervention is lega�iy necessa�y fia obtain 1'UC appxavai of such pe#itian. G. �ustin shall, immediately after fmai executio� o:f the farmal settlemenf agre�rneni: conter�a.plated �Sy this MOU, disxniss with prejudice any pending actions oi• clai�s before the TCEQ, th� PUC or in the d�strict courts which are con�x•axy to the al�acafion of waste�ater CC�1' service �ights uneler this M�U, including but not lin:�xtec� to Cfty ofJu,stin v Tdby Ba1ce�, Caus� I�o. D-I �GN-20-�02084 nov,�,pe�.ding before the di,striet caurt of Travis Countp, T�. Justin shall, upon �nal e�ecui�on oi a faxnnal SettIement Agree�xzen� a�riong �he Parties, Uzzcandi�ionally wit�d�aw its request for a cantestec� eas� hearing in TCEQ's ongoing proceeding on the applieation b� Denton County Municipal Utili�y District Na. 10 far Te�as PQllutant Discharge Eli�ninatic�n System Pex•�it No. �V4?'Q0�158fl30��. 7. The Pariies shaIl ao�pe�•ate in carrying ouf fhe pt•avisiQns o�'thi.s sectxnn IV by the expedi�xous prepa�ation and e�cecutaon of a Setile�neni Agt•eement incoiparating tk�e terms ofthis MOU. 5 8. A Party m�ay enter inta negatiations with any non-party for an c'�.�TEBIYLLI1t coz�cei�ing v�+as�ewater �tiiity service tha� is not igconsistex�t with the ter�s o� the S�ttlement Agreem�nt. C. Equivalez�t �ayinents for Wastevvater �mpact Fe�s for T�act E. 1. Noz�ti�ak� shall impose and collect wasfievvater irnpact fees fi-om nevv deveto�ments �i�:ix� Tract E eonsistent with Tex. Loe. Gov't Cade Chapter 395. 2. Noxthlalce shall �na��e annual payments ta Justin equivalent ia 100°/v o� the wastewater impact f�es actually coIlect�d from new developments within Tract E within the calendar year. V, Gez�eral Terms o� �ettlement The S�ttlement Ag�•eem�nt sha11 eon#a�n the failowin.g additional terms: 1. No pazty shall adrni�i liability fc�r claims assex•ted by other pax�ties and all pa�•t�es expressi� deny such liability. 2, Each �ar�y shall be i�espons�ble for its ovc+n atto�ney's �Ees associatec�. with a�.y iiiigation between and amo�g �l�e �ax�ies and for the nego�iation and p�•e�aa�ation of t�iis MOU and related %x•n�al settlement agreement b�trueen the �a��es. 3. The Set�le�ne;nt Agreert�e�.t shaI1 be incorporated vvxtk�in an Agreed Judgmant. 4. Th� Settiexne�� Agre�ment sl�a�� establish a iizx�e�ine for pe�forrrzance of obligatio�s by all Pa��ti�s that is consistent �wi� the ter� of this MOU. 5. The S�ttle�xre�t Agree�ent sl�.all inelude mutual zeteases by each Party of elairx�.s a�ainst anc�ther Pa�ty, assez�ed or �l��ch cou�d have been asserted, in tY�e Case. G. The parties shall �x•otect th� con�den#iali�y o�' aIl settlement d�scussions to the e�tte:�t allowed by law and in accardanc� with the Te�€as Public I�axmation Act. 7. No �arty shal� take aa�y aetions or rrxal�a a�y public as�ex�xnns dispa�agit�g ax�� of the athex pa�-ties in conr�.ectia� with ihis MOU, the Settlemen:t Agreement, or the £acfis and circurals�ances reZa�ci thexeto. � � f � �-- i ��owN oF NaR��zL�.��: ; �,��j,� �J�1 �,�� l�_��c.c"G�y-�= t��e��v �� Its At�ornc.y � ',. . �, . -ti, X , ,.,�, • � CTTY UF JUSTIN: ! � `"� �' Mattl�ew C.G, 13oy1e . � -- Its A�oriley ,� � :�� CITY ()F ��DRT Vi�ORTH: •" • - _-� �- �Cht�istopher B. Masley � S��io�• Assistant City A�o�t�ey 7 � 1' � Tow�r o� !7GC[H��a�e fowrt oF 6FtfLlik�{f` �ke ERJ rqr� uuorili Exhibit 2 � Tracls io Norlhlake's VJater CCN P°�t-Settlement Wafer CCN Boundaries far Traets A through 1 � Traals lo Juslin's Wa3er CGN �Xhl�7ff � � Trar.ts to Northlake's Se4vzrGCiJ P�st-5e##lemeraf �ewer CCI� Baur�c€aries for Tracks A fhraugh ! � Tracls to Juslin's Sewer CCN EXHIB�T 2 Subject Property Map � T:a�tH � � I Fatl � War�if ?�1'J I N N _ E S r t.aaa z,aoo ±—•—�Feef 1 Inch = 2,000 feet Dis}�utad Area ' ET.Flo AEorthlake � ETJ lo Jusfin �Xhlblt � ETJ Alloeation far �lorfhlake and Justin Post Settlernenk iown of NortMake � City of.lusfin [TJ --` Town af Norihlak� ETJ Cify af Fo� Worih Clly oi Justin Cily oi Forl Wor1h ETJ �ete: 1I78R621 EXHIBIT 3 Tract A Map and Lega1 Description a x E ¢ H t] � � r W c 0 .� U N a ❑ m rn m � w Z � � � N � O V f4 � tO (M7 y � � ��SCf�[��IOA! O�' iRACi A CiiY O� J[JS�IN, ��XdS -� �iJ A��OCATION E. Young Survey, Abstract No. 1452, ar�d the N. S. Hazelfion Survey, Abstract No. �47, and the W.W. Young Survey, Abstract No. 1444, and the W. M. Reed 5urrrey, Abstract No. 9071, and the D. C. Lentz Survey, Abstract No. �644 Denton Caunfy, Texas ��S�RIPTiON, of an approxirnately 221 acre tract of land situated irt the E. Yaung 5urvey, Abstract No. 1452, and the N. S. Hazelton Sur�ey, Abstract No. 547, and the VII.W. Young Survey, Abstracf No. 1�444, and the W. M. Reed Survey, Abstract No. 1a71, and the D. C. Lentz Survey, Absfract Na. 16�4 in Dentan County, Texas; said tract being part of a called 39.168 acr� tract described to CKD Holdings, Inc, recorded in Instrument No. 2019-940845 af the Official Public Records of Denton Cour�ty Texas; part of a called 10.100 acre tract described to J&B Fi�e Point Canstruction, �LC recorded in lnstrument No. 2fl20-25195 in said Official PubGc Records; part af a called 25.000 acre tract described to J&B Fi�� Point Construction, LLC reco�ded in Insirument No. 2017-98679 in said Off�cial Public Records; �art of a called 20.000 acre tract described to Brad .ludge and Jessica� Judg� recorded in� Instrument No. 2006-113979 in said �fficia! Public Recards; part of a called 20.��a acre tract described to James �. Dr�s�her and wife, Linda L. Drescher recorded in Instrument No. 1981-17'�88 in said Offcia[ Public Records; part of a called 33.616 acre tract described #o Michael Wayne Lobsinger recarded in Instr�mer�t No. 2014-110041 in said Official Pubiic Records; pa�t of a called 9 65.48 acre tract described to Henry A. Penningtan, Jr., Janice K. Coamer, and Gary Michael Pennington recorded ir� Volume 1474, Page 811 in said Official Public Records; part of a calied 184.987� acre tract described fo 5usan H. Michaud, et al recorded in Instrument No. 9 999-51399 in said Officiaf Public Records; part of "Tract VII, Fourth Tract" being a called 70.850 acre tract described to Glenn and l.ouise 5hoop Family Part�ership, Ltd. recorded in Instrument No. 20�5-9 7852 in said Official Public Records, said approximate 221 acre tract being more particularly described as follows: ��CIf��31�lG, at the southeast corner of said CKD Holdings tract; said paint also being �n the north line of the City Limits of the Town of Justin and fhe west right-of-way �in� of State Highway 156; THENCE, along the sauth lir�e of said CKD Holdings #ract and said city limits the following 15 calls: , ib�NC�, North 42 degrees, 46 minufes, 1$ seconds West, a distance of 10�.55 feet, more ar less ta a point for corner; �'H�IV�I�, Nar#h 31 degrees, �9 �ninutes, 42 seconds East, a distance of 79.40 �eet, mflre or less to a point for corner; ib��l��, North 35 degrees, 37 mi�utes, 18 seconds West, a distance of 116.90 feet, more or less to a point far corner; fH�NC�, North 62 degrees, 59 minutes, 18 seconds West, a distance of �95.20 feet, more or less to a point for corner; PAGE 1 OF 5 D�SC�tIP�'IOiV OI� TRACT A CIiY O� JUSYIW, i�XAS - �iJ /��OCA�'ION E. Ya�rng Survey, Abstract No. 1452, and the N. S_ Hazelton Sur�ey, Abs�ract No. 5�47, and the W.W. Y�ung Surv�y, Abstract No. 9444, and the W. M. Reed Survey, Abstract No. 1071, anti the D. C. Lentz Sur�ey, Abstract No. 1644 Denfon County, Texas iH�iVC�, Nar�h 11 degrees, A�5 minutes, 18 secon�s West, a dis#ance o�F29.60 feef, mor� or [ess to a point for corner; �H�N��, Narth 43 degrees, 14 minutes, 42 seconds East, a distance of 26.50 fieet, more o� less to a point for corner; TF��NC�, North 83 deg�ees, 45 minutes, 18 seconds West, a distance of 211.20 feet, more or less to a point for corner; iH�P��, North 73 degrees, a0 minutes, 18 seconds West, a distance of 184.60 feet, more or less to a point for corner; � � iF��NC�, North 6� degrees, 15 minutes, 18 secands West, a disfance of 194.00 feet, more or less to a point for carner; iH�NC�, North 68 degrees, 25 minutes, 18 s�conds West, a distance of 194.30 feet, more or tess ta a point for corner; '�H�f�CE, North 58 degrees, 15 minutes, 18 seconds West, a distance of �47.50 feet, mare or less ffl a�oint for corner; T��IVC�, Nor#f� � 9 degrees, 25 minufies, 18 secands West, a distance of 480.95 feet, more or less to a poin# for corner; iH�fVC�, Nor�h 0� degrees, 44 minutes, 42 secor�ds East, a distance of 367.88 feet, mflre ar less to a paint far corner; ib�RlC�, North 01 degrees, 33 minutes, 02 seconds West, a distance of 54.4'� feet, more or less to a paint for corner, TF��NC�, North Q1 degrees, 33 minutes, �2 seconds East, a dtstance of 78.50 feef, more or less to the narthwest carner of said CKD Haldings tract, Tb�N��, Sauth 88 degrees, 38 minrafes, 53 seconds W�st, continuing with said city limfts a distance of 378.60 feet, more ar less to a point for corner; iFf�NC�, South 88 cfegrees, 11 minutes, 41 seconds West, cantinuing with said ei�y limits a distance af 139.80 feet, more or less ta a point for comer in Oli�er Creel� and said city [imits; THENCE, along �h� approximate center of Oli�er and said city limits line the following 23 calls: PAGE20F5 ��SCRfPTION O� T�AC f A C1�Y O�' JUSTIN, T�XpoS a�J ALLOCATION E. Young Survey, Abstract No. 1452, and the N. S. Hazelton Sur�ey, Abstract No. 547, and fhe W.W. Young 5urvey, Abstract No. 1444, ar�d the W. M. Reed Survey, Abstract No. 1071, and the D. C. Lentz Sur►iey, Absfract No. �644 Denton Caunty, Texas 7H�NC�, North �43 degrees, 45 minut�s, 32 secands West, a distance of 57.60 feet, more ar less to a poir�# for corner; 'Tb�NC�, North fi2 degrees, 10 minutes, 20 seconds West, a distance of 281.52 feet, more or less to a point for corner, fH�N��, North 80 degrees, 34 mir�utes, 56 secands West, a distance of 154.a9 feet, more or less to a poinf for corner; Tb�f��, North 52 degrees, 47 minutes, 32 secon�s West, a distance of 100.44 �fi�et, more or less to'a pofnt for corner; � � � �'H�NC�, North 66 degrees, 12 minu#es, 45 seconds Wesf, a�istance of 904.63 feet, mor� or less #o a point far corner; iH�NC�, 5outh 89 degrees, 38 minutes, 11 seconds West, a distance a# 72.18 feet, more or less to a point for corner; Tb�h�C�, South 59 degrees, 45 minutes, 26 seconds West, a distance of 196.15 feef, more or less to a poini for corner; �H�NC�, South 41 degrees, 40 �-ninutes, 15 seconds West, a distance o� 164.67 feet, mare or fess to a pa�nt for corner; ili�NC�, South 26 degrees, 02 minutes, 20 seconds West, a distance of � 38.02 teet, mare or less to a point for corner; T€��Pl��, South 64 degrees, 53 minutes, 44 seconds West, a distance of 478.48 feet, more or less to a paint for carner; �HENC�, South 54 degrees, 57 minutes, 2� seconds West, a distance of 943.'i0 feet, more or �ess to a point for corner; Tb�NC�, North 88 degrees, 55 minutes, 11 secands West, a distance of 359.49 fe�t, more or less #o a paint for carner; iH�iV��, South 75 degre�s, 50 minutes, 44 seconds West, a distance of 3�5.76 feet, more or (ess to a paint for corner; Tb�R�G�, North 42 degrees, 18 minutes, 26 seconds West, a disfance of 3i2.�2 fe�t, mare or less to a pQinf #ar corner; PAGE 3 OF 5 ��sc�i��aN o� r�ac� a CI�Y O� JUSiIN, i�XAS A��J /��LOCdTION E. Young Sur►iey, Abstract No. 1452, and the N. S. Hazeltan Survey, Abstract No. 547, and the W.W. Young Survey, Abstract No. 144�4, and the W. M. Reed Survey, Abs#ract No. 1071, and the D. C. Lentz Survey, Absiract No. 1644 D�nfon County, Texas 7'H�NC�, North 82 degrees, 17 minutes, 26 seconds West, a distance of 279.53 feet, more or less to a poir�t for carner; ib�NC�, South 23 degrees, 33 minutes, 26 s�conds West, a distance o� 340.91 feet, more or less to a point for corn�r; �Ff�N�f�, North 63 degrees, � 9 minutes, 18 seconds West, a distance of 679.32 feet, mare or less to a point far corner; Tb�P�C�, South �1 degrees, 38 minutes, 18 seconds West, a distanc� of 630.01 � feet, more or less to a paint far corner; � ' �H�NC�, South 83 degrees, 29 mi�utes, 26 seconds West, a distance of 467.51 feet, more or less ta a poinf fior corner; `�FE�i�C�, South 43 degrees, 20 minutes, 37 seconds West, a distance af 518.39 feef, more ar less ta a paint for corner; Tb�IVC�, North 69 degrees, 58 minufes, �2 seconds West, a distance of 375.37 feet, rnore or less fo a point far corner; iH�NC�, Nor�h 86 degrees, 16 minutes, 19 seconds West, a distance of 333.20 feet, mare or less to a paint for corner; `�H��lC�, Sauth 74 degrees, 29 min�tes, �49 seconds West, a distar�ce af 620.03 feet, more or less to a point for corner; said point being the beginning of a non- tangent curve to the righ#; ili�NC�, departing sa"id approximate center a� Oli�er Creek and said ci�y [imi�s line along said curve, ha�ing a c�ntral an�le of 55 degrees, 16 minutes, 51 secands, a radius of 2640.00 #eet, a c�ord faearing and distance of North 5� degrees, 23 minutes, 17 seconds East, 2449.�0 feet, more ar less, an arc distance of 2547.'�6 feet, mor� or less fo a point at the end of said curve; said point being the beginning of a non-tangent curve #o the right; ii��iVC�, along said curve, having a central angle af 49 degrees, 55 minu#es, 40 seconds, a radius o#' 2�40.a0 feet, a chord bearing and distance af North 62 degrees, �3 minutes, 09 seconds East, 2228.41 feet, more or less, an arc dis#ance af 2300.50 feet, more or less ta a poinf at the end of said curve; �H�Rl��, Sou#h 89 degrees, 34 minu#es, 49 seconds East, a distance of 1682.42 feet, more or less to a point for carner; said point being the beginning of a nor�-tang�nt curve to the right; PAGE40F5 D�SCRIPiIOP! O� iRA►CY A CITY OF JUS'itN, i�XA� ��YJ A,1.��CA�lON E. Young S�rvey, Abstract No. 1452, and the N. S. Hazelton Survey, Ahstract No. 5�47, and the W.W. Yo�ng Sur�ey, Abstract No. 1�444, and fhe W. M. Reed Sur�ey, Abstract No. 1071, and t�e D. C. Lentz Sur�ey, Absiract No. 1644 Denton County, Texas i�I�f�C�, along said c�rve, having a central angle of 38 degrees, 13 minutes, 25 seconcfs, a radius of 2,640.00 feef, a chard bearing and distance of South 70 �egrees, 28 mir�utes, 07 seconds Easf, 1728.73 feet, mare or less, an arc distance of 2090.13 feet, more ar fess to a�oint at t�e end of said curve; iH�iVC�, South 89 degrees, 38 minutes, 48 secands East, a disfance of 949.82 feet, more or less #o a point far corner; �H�[�C�, South 89 degrees, 59 minutes, 57 seconds East, a distance of 27� .26 teet, more or less to a point for corner; said�point being the beginning of a non-iangent curve to the left; �H�fdC�, aiang said curve, having a central angle of 39 degrees, 04 minu�es, 53 seconds, a radius afi 2640.00 feet, a chord bearing and distance o� South 00 degrees, 39 minutes, 15 seconds East, 1766.03 feet, mare or less, an arc distance of 1800.74 feet, more or less #o a paint at the end of said curve on the said west lina of S#ate Highway 156; �HEfVC�, South 05 degrees, 28 minutes, 38 seco►�ds West, along the said west I�ne af State Highvuay 156, a distar�ce of 243.82 feet, more or less #o the �OINT 0� B�C[iVIV[NG; C�N�AI�IIN�: approximately 221 acres af land, more or less. Thrs documeni� was prepared under 22 TAC §6fi3.2 �, does not reflect the results af an on the ground survey, and is nof fo be used to convey or establish interests in real property except those rights and inferests impli�d or established hy the creatiora or reconfrguration of the boundary of ihe political subdivision for which ffr�s was pr�pared. PAGE 5 �F 5 EXHIBIT 4 Tract B Map and Legal Descr�ption x s � W U � � � N C pO 6 U N W ❑ � � @ J ]+ N � .7 � V W N M � � � � � ❑ � ��s��r��o� oF °r�cr � C�iY OF JUSTIN, T1�XAS -�iJ ALLOCATIOR� Henry Tucker St�r�ey, Abstracf No. 1254; Edward F. Springer Survey, Abstract 1166; 5tephen Roberts 5urvey, Abstrac# � 127; J.J. Young SUrvey, Abstract 1445 Denton County, Texas ��SCRIPTIOAI, of an approximately 225 acre tract of land si#uated in the Henry Tucker Survey, Abstract No. 1254; Edward F. Springer Survey, Abstract 1166; 5tept�en Ro�erts Survey, Abstract 1127; J.J. Young 5urvey, Abstract 1445, Denton County, Texas; said tract being part of "Tract 2" being a callec! 70.333 acre tract, part af "Tract 3" being a called 330.758 acre tract, and ali of "Tract 5" being a called 2.000 acre fraci described to Ola Mae Tabor, ef al recarded in Instrumen# No. 2003-96349 of t�e Official Pubiic Recards of Denton County Texas; and a par� of Burlington Northern Santa Fe railroa� rigt�t-of-way; and a pari a#' State Highway 156 right-of-way; and a part of Farm to Market Highway No. 407 rigFtt-of-way said a�proximate 225 acre tract being more particularly described as follows: ��IAlh�li�C, at #he southeas� carner of said Tract 3; said point also being ir� the north right-of-way line af said FM Highway 407; ib�NC�, South 40 degrees, 09 minutes, 05 seconds W�st, crossing the right-af-way of said FM Highway 407, a distance of 79.02 feet, more or fess to a point for corner in fhe sauth righf-of-way of said FM Highway 407 and the �orkh line of existing City iimits of the City of Justin, Texas; T'W�NC�, the following 7 calls along said sautf� right-of-way line of FM Highway 407 and said north lin� of the city lirni#s of the City of Justin, Texas; [H�N��, South 88 degrees, 20 minutes, 24 seconds West, a distance of 59.92 feet, more or fess to a point for corner; `�H�NC�, South 8$ degrees, 55 mioutes, 58 seconds West, a distance of 911.58 fee�, mare or less to a�oint fior corner; iH�WC�, South 89 degrees, 52 mEnutes, 18 secands West, a distance of 170.17 fieet, more ar I�ss to a point for corner; said point being the beginning of a non- tangent curve to the left; Tb�fVC�, along said curve, having a centra! angle of 38 degrees, 59 rr�inu#es, a6 seconds, a radius of 360.71 feet, more or fess, a chord bearing and distance of South 66 degrees, 51 minufies, 20 secands West, 240.73 feet, more or less, an arc distanc� of 245.44 feet, more or less to a point at the end of said curve; said poir�t being the begin�ing �f a nan-fangent curve to the right; Tb�iVC�, along sai� curve, having a central angle af 43 degrees, 57 minutes, 52 seconds, a radius of 445.51 feet, more ar fess, a chord bearing and distance of 5auth 71 degrees, 48 minutes, 03 secands West, 333.52 feet, more or less, an arc distance of 341.85 feet, more or less to a point at the end of said curve, 17_[e7��7�1 �?�SC�IP�'ION O� �R�Ci � Ci�Y �� JUS�IiV, ��XAS o��'J ALLOCAiIOP� Hanry Tucker Survey, Abstract No. 1254; Edward F. Springer Survey, Ahstract 1166; 5fephen Roberts Survey, Ahstracf 1927; J.J. Your�g Sunrey, Abstract 'l445 Denton County, Texas '�H�FdC�, South 88 degrees, 19 minutes, 25 seconds West, a distance of 178.Q3 fee#, more or less to a point for cor�er; ib�NC�, Nar�h 89 degrees, 42 minutes, 33 secflnds West, a disiance of 53.76 feet, more or less to a point for co�'ner; iH�NC�, North '( 5 degrees, 38 minutes, 11 seconds East, departing said south line of FM Highway 407 and said nor�h line of the cify �imits of the City af Justin and crossing said FM Highway �407 rightTof way, a distance of 61.65 feet, more or less to a paint for corner in the nor�h line af said FM Highway 407 and a sauth line of said Tract 2; iH�NG�, North QS deg're�s, 54 minutes, 04' secands East, departing said north line of said �'M Highway 407 said south lir�e of safd Tract 2, a distance of 311.34 feet, mare or less #o an int�riar corner o� Trac� 2; iH�f�C�, North 04 degrees, 57 minutes, 19 seconds East, along a west line of said Trac# 2 and a west �ine of said Tract 3, a disfiance of 1,2'�3.25 feef, rrtare or fess to an ir�ner ell corn�r of said Tract 3; �H�FdC�, alang fhe westernmost south lines of said Tract 3 ti�e following 3 cafls: iHEPiC�', Norfh 84 degrees, 59 minutes, 13 seconds West, a distance of 673.78 feet, more Qr less to a painf for corner; YFi�PlC�, North p6 degrees, 16 minutes, 23 seconds East, a distance of 17.44 feet, mare ar less ta a point for corr�er; ii��NCE, Nor#h 81 degrees, 29 minutes, 4S seconds West, a distance af fi99.34 fe�t, more or less to the westernmost southwest corner of said Tract 3; �'H�f�C�, North 84 degrees, 45 minutes, 01 seconds West, crossing sai� Burling#on Northern Santa Fe railroad right-of-way and said Sfate Highway 156 right-of way, a distance of 96.13 feet, more ar fess to a poinf far cQrn�r on the west line of said State Highway 156 and the east line of said city limits of the C�ty of Justin; ib�NC�, along said wes# Gne of said State Highway � 56 and said east line of said city limits of the City of J�stir� t�e fallowing 2 calfs: iH�NG�, North 45 degrees, 34 minutes, 08 seconds East, a distance af 2818.78 feet, more or less to a point for corner; il��F�C�, North 05 d�grees, 28 minu�es, 38 seconds East, a distance of 243.82 feet, more or less to a point far corr�er at the inters�c#ian said wes# line of State H�ghway 156 and the approxima#e centerline of Oli�er Cree�C; PAGE 2 OF �4 D�SCRIPYION OF �'RACi Ci CIiY OF JUSTIIV, i�Xi4S ��l'J ALl�OCAT'ION Henry TucEcer Survey, Abstract No. 1254; Edward F. 5pringer Sur�ey, Abstract 1'E66; Stephen Rober#s Survey, Abstract 1127; J.J. Young Sur►�ey, Abstract 1445 Denton Counfy, Texas iH�i�C�, departing said west line af State Highway 156 and along said approximate centerline of Oliver Creek and jflining the approximate centerline of Denton Creek the following 1S calis: - �H�NC�, Sou#h 40 degrees, 50 minutes, 56 seconds Eas#, a distance of 237.92 feet, mare o� less to a point for corner; ii��C�, Soufh 49 degrees, 56 minutes, 00 secands Eas�, a distance of 86.49 fee�, more or less to a point for corner; iH�NC�, South �2 degrees, 01 minutes, 08 seconds East, a distanc� of 163.45 feet, more or less to a point for corner; ' ' � YH�R�C�, 5outh 29 degrees, 28 minu�es, 33 seconds East, a distance af 229.34 fee�, mare or �ess ta a po�nt for carner; ib��VC�, South 40 degrees, 10 minutes, 23 seconds East, a ctistance af 1D2.12 fieet, more or less #o a point far corner; �H�NG�, South 47 degr�es, 35 minutes, 42 seconds East, a distanc� of 257.58 feet, more or less ta a paint for corner; iI��RlC�, South 52 degrees, 44 min�tes, 01 seconds Eas�, a distance of Z50.87 feet, more or less to a point for corner; Tb�IVC�, South �2 degrees, �1 minuies, 12 secands East, a distance of � 79.69 feef, more or tess ta a point fo� corner; �'H�f��Fc, South 6� degrees, 23 minutes, 22 seconds East, a distance of 163.15 feet, more or less to a point far corner; ib�NC�, South 76 degrees, 33 minutes, 05 seconds East, a distance o� 205.28 feet, more ar less to a paint for comer; iH�IVC�, South 87 degrees, 57 minutes, 17 seconds East, a distance of 129.61 fieet, more or less to a point for corn�r; Tb�I�C�, North 7i degrees, 09 minutes, 10 seconds East, a distance of 117.12 fee#, mare or tess to a poinf #or corner; T'�1�IVC�, North 57 d�grees, 09 minutes, 11 seconds East, a distance of 93.98 feet, more ar iess to a poin# for corner; PAGE30F4 D�SCRINYION �� 'RACi �i CITY OF JUS7�1N, ��XAS n�iJ A�LOCAYI�iV Henry Tucker Sur►rey, Absiract No. 1254; Edward F. Springer Sur�ey, Abstract 1166; Stephen Robe�ts Survey, Abstract 1127; J_J. Young 5urvey, Absfract '[445 Denfon County, Texas �H�I��, Narth 27 degrees, �6 rninutes, 56 seconds East, a distance of 11 C.52 feet, more or less to a paint for corner; ib�NC�, North 68 degrees, 00 minut�s, 33 seconds East, a distance of 313.14 #e�t, more or less to a point for corner; fH�N��, South 72 degre�s, 53 minutes, 0� seconds East, a distance of 562.54 feet, mare or fess io a point for corner; Tb�1VC�, Sou#h 28 degrees, 14 minutes, 00 seconds Easfi, a distance of 287.44 feet, more or less to a point for corner; �'HI�NC�, S�ut� 40 degrees, 05 minutes, 27 seconds East, a distance of 198.43 feet, more or less to a point for corner; ib�I�C�, Sauth 00 degrees, '�3 minutes, 3S seconds Wesf, departing said approximate c�nterline of Denton Cre�k, a disfance of 1,432.64 f��t, more or less to a point for corner; �'H�NC�, North 88 degrees, 52 minuies, �D s�conds East, a distance of 207.05 feet, more or less to an inner ell corner of said Tract 3; 7H�NC�, South 00 degrees, DO minutes, 00 seconds East, along an easfi line of said Tract 3, a distance of 1,721.83 feet, more ar less to the POIN7 ��' ��I�IN1iV�; C��iAIP�tf�G: approximately 225 acres of land, more or tess. This document was prepared under 22 TAC §fifi3.29, does not reflect fhe results of an on the ground survey, and is nof fo be used to convey or establish interests in real property excepf those rights arrd interests implied or establrshed by fhe creation or reconfiguration of the boundary of fhe political subdivision for vvhich this was prepared. PAG E 4 � F 4 EXH�BIT 5 T�ract � Map and Legal Description ��Q� O� �'RAC1� C CITY OF JUS71N, iEXAS -�TJ AI.L.00ATiON �--, �� , �� _'-��' � � _�— fi �� _� =1-� � ._� ( ??� ._ _.I _ � � ' - ? �— � 1 �_. �I �- — I� � �I' S-- � m � � � ��f ~ � �--��_ � —. r_�,r,� C ;�i�,� L._ � � ! __ I m ��h � I— f � ��L �{ �� 4060 Bryant lniin Road Fort wo,�n, n� �s�os (817) 412-T755 March 29, 202� --� .--� � � �� ,'� � `� I _ _ _�= , � ,— i � �� ..�� . � � �__ � I 1 �I � --- � I�� r �I �' '� � ' , ' .0 l'�, -� j__ f . �� .�� . � ��,. �-,� �— _ _� .� � � ..� ,s `. ��,��-�� f�--� � �r� � �I � � r - , � �;.� _ � �...�� . �� .�--� � r � r� � �_ �� -- �� . �� . �r f I� I i i � i�� I.i_I I�� —��L— �.. �'�_,: � �' . � I i � i + i + I �•� -�-� . �� ` . � � -= ,.,, �;�� - �. �:��^;�;��s��:�-.a �� 1 � �. _ �' .!+��'' i ' i � � I I- � �- �� I I� I I Ir I�� F __ _,I f r � _ +�L +� _� � � � --J � � � � — �. {�+ ��_� (- � � _ --� _ � -� �.� �� t i i � �� .� �: _� .� .� �i��C � �� .. � KEY TO �EAiUR�S � DENTON CAD PARCELS TRACT C 0 � . � _ }. I . � � �� -�� .� pA`�U M NAD 19$3 TEXAS S�fATE PL.ANE. NOE�TH CENTRAL ZONE FIPS �}202 254 5U0 � Feef i inch = 500 feet 0 6 O _ � � � k � w � � � w a � � � a � c� z w w z i� w Ch W � � ��SCRI��IQN AF TRACT C CIYY O� Jll�iIlV, 'f'�XAS - FiJ AL�,OCAiIO� Stephen Roberfs Surrrey, Absfiract No. 1927 Denton Counfy, Texas ��SCRIf�YIOR�, of an approximately 44 acre tract af lan� situa#ed in the 5tephen Roberts S�rvey, Abstract 1'f27, Dentan County, Texas; sa�d tract being part of "Parcel 1" �eing a called 74.857 acre tract described to Bobby Lee Downe recorded in Instrumen� No. 2014- 126267 of the Official Pu�lic Records of Denton County Texas; part of "Parcel 2" being a called 91.626 acre tract described to G�oria S�e Downe recorded in fr�strument No. 2014- 126268 of said Official Publ�c Records; part af "Parcel 3° being a called 97.141 acre trac# described #o Arthur Leonard Downe recorded in �nstrument No. 2014-126269 of sa�d OfF�cial Pu�lic Records, part of "Parcel 4" being a called 92.580 acre tract described fo Beverly June Downe Pisfone recorded in Instrumenf No. 2014-126270 of said Offcial Public Records; said approxima#e 44 acre tract being more par�icular�y d�scribed as fallows: ��GII�NIi��, af the westernmost southwest corner�of said Parcel 4; saic� pant also being in the east line a� Trail Creek Dri�e and the east line of existing cEty limits of the City of Jusiin; �H�A�CE, a�ang the said east line of Trail Creek Dri�e a�d the east line of said city limifs of tY�e City ofiJustin #he following 7 calls: iH�NC�, North 01 degrees, 52 minute: fee�, more or iess ta a point for comer; tangent eur�e ta the right; , 00 seconds West, a distar�ce af 491.66 sa�d paint being the beginning of a non- fHE�l�:�, along said cu�ve, ha�ing a central angle of 05 degrees, 32 minutes, 42 seconds, a radius of 54Q7.94 feet, more or less, a chord bearing and distance of North OD degrees, 41 rninu�es, 34 seconds East, 523.17 feet, more or less, an arc distance of 523.37 feef, more or less to a point at the end of said curve, Tb�P�C�, North Q3 degrees, 47 minutes, 24 seconds East, a distance of 219.90 feet, mare or �ess to a point for corner; iH�IVC�, North 11 degrees, 50 rninutes, 49 seconds East, a distance of 41 A6 feef, more or iess to a paint for corner; iH�i�C�, Narth 4A� �egrees, 35 minutes, 40 seconds Eas�, a dis#ance of41.60 feet, more or less to a point for corner; TWENC�, Nar#h 53 degrees, 29 mEnutes, 18 seconds East, a distance af 86.89 feet, more or less to a p�int far carr�er; iH�NC�, North 52 degrees, 59 minutes, 38 secands East, a distance of 179.95 feet, mare or less to a nort#�ernmost northwest corner of said Parc�l 2 in the sout� line of Downe Road and the south line of the city Gmi�s af the Cify of Justin; PAGE 1 OF 2 ��SC�IPil01� OF iRACT C CI�'Y O� JUSiIN, i�XAS ��T'J A�L�C�4�ION Stephen Roberts Survey, Abstrac� Na. 1127 Denton County, Texas ib�PIC�, South 84 degrees, 08 minutes, 31 seconds East, alor�g the north line of said Parcet 2 and jaining the narth line of said Parce! 1 and said sauth line of Downe Road and said south lin� of the city limits of the City of Justin, a distance of 1,087.54 feet, more ar less to a point far corner; YH�f�C�, South 00 degrees, QQ minufes, 00 seconds �ast, depar#ing said narth iine of Parcel 1 and said south line of Downe Road artd said south line of the city limits of the City of Justin a d�sfance ofi 1,388.16 feet, more or less ta a point for corner; i�1�NC�, So�th 89 degrees, 54 minutes, 00 seconds West, a distance af 497.4� feet, more or less to a pai�� for carner; f H�A�C�, North 88 degrees, 38 minutes, 33 secands West, a disfiance of 19.22 feet, more or less to a point far corner; Tb�f�C�, Narth QO degrees, 50 minutes, 18 seconds East, a distance of 30.00 feet, more ar less to a point for corner; iH�NC�, Nortf� 89 degrees, 09 minutes, 47 secands Wesfi, a disfance of 1i9.13 feet, more a� less to a�oint for corner; YIi�P�C�, 5outh 81 degrees, 42 minutes, 52 seconds Wes#, a dis#anc� of 92.71 feet, more �r less to a poEnt for corner; Tb�NC�, Nor�h 88 degrees, 16 minufes, 43 seconds West, a distance o� 551.11 fe�t, more or �ess ta the POII�Y O� ��fRli�INi�; CONiA1NIN�: approximately 44 acres of land, more or less. This document was prepared under 22 TAC §663.2�, daes not reflecf the results of an on the ground survey, and is not to 6e used fo canvey or esfablish interests in real property except those rights and interests implied or established by fhe creation or reconfigurafion of fhe baundary of the polrtical suf�drvisian for v�hich this was prepared. PAGE 2 OF 2 EXH�BIT 6 Tract D Map and Lega� Description � � 0 F U � � � F � c 0 .� .� d ❑ m m � � m � � � M d v � � � � 9 � CIESCRIPiIOM O� YRACi � CIiY OF JL�SiIN, 7�lCAS ��'J ALLOCATI4N Mary Polk Sur�ey, Abst�act No. 993 Denfon Counfy, Texas �7�S�R[�iI�N, of an appraximately 30 acre tract of land sitUated in fhe Mary Polk Survey, A�stract No. 993, Denton County, Texas; said tract being all of a ca�led '� .�39 acre tracf described to GE Manufacturing Salutions, Inc. recorded in Instrum�nt No. 201 �- 149603 of th� Official Pubiic Recards of Denton Cour�ty Texas; all of a called 1.479 acre iract described to GE Manufacturing Salutions, Inc. recorded in fnstrument No. 2015- 149600 in said Official Public Records; par# of a catled 3.958 acre �ract described to GE Manufacturing Sol�tions, lnc. recorded in fnstrumenf Na. 2fl15-1484"�4 in said Official Public R�cords; all of a called 3.357 acre tract described to Henderson Brothers Parinership recorded in Instrument No. 2017-119432 in said Officiaf Public Records; a!I of a called 7.000 acre tract described fo Hend�rson Brothers Partnership recorded in Instrument No. 2015-149601 in said OfFicial Pubfic Records; par� of a calfed 155.77 acre tract described ta Henderson Brothers Partnership recarded in Instrumen# Na. 2011- 30634 in said 4fficial Public Recards; ail of a called 7.220 acre tract described to Doug Glen Ha�ris recorded in Instrument Na. 2019-58965 in said Official Puhlic Records; said appraximate 30 acr� tract beFng mare particularly described as follows: ��GINPlIf�G, at the nortF�east corner af said Harris tract; sa�d point also being ir� the approximate ce�ter of Harmonson Road; iH�NC�, South OD degrees, 25 minutes, 04 seconds East, along #he east line of said Harris tracf and at an approximate disiar�ce of 155Q feet pass€ng t�e southeast corner of said Harris tract and continuing in all a total distance af 1,9�'[.69 feet more or less to a point for corner; �'FD�f�C�, North 89 degrees, 37 minutes, 36 seconds West, a dista�ce of 976.94 fieet more or tess to a point in the west line of third said GE Manufacturing Solutions tract; ib�hlC�, alang the west lines of said GE Manufacturing Solu�ions fracts #he following three cafls; North 17 �egrees, 16 minutes, 22 seconds East, a distance of 1,129.74 feet more ar less to a paint far corner; North 15 de�rees, 33 minutes, 48 secands East, a distance af 417.87 feef more or less to a paint for corner; PAGE 1 �F 2 A�SCRI�'FIOi� O� i�ACi D Cl�'Y ��r JUS�IN, iI�XAS -�iJ A��O�i4ilOI1E Mary Polk S�rvey, Absfiract No. 993 Denton County, Texas North 09 degrees, 27 minuies, 3� seconds Easf, a distance of 420.77 feet rnore or [ess to a point for corner in the approximate cen�er ofi Harmonson Road; ib�NC�, Sauth 89 degrees, 51 minutes, 24 secands �ast, along said appraximate center of Harmonson Road, a distanc� of 446.3�4 feet ta the POIiV7' O� ��Ci�i�lh�C�; CONT'AININ�: approximately 30 acr�s of lan�, more or fess. This document was prepared under 22 TAC §663.29, does not reflecf the results af an on the ground survey, and is not to be used to convey ar esta6lrsh interests in real property except those rights and interests implied or establ�shed by the creafron or reconflguration of the bouridary of the polifical su6division for which this was prepared. ' PAGE20F2 EXHIBIT 7 T�act E Map and Lega� Description ��oRCL� � Being a part of the M. Palk Survey, Abstract No. 993, Denton Counfy, Texas, being a part of that called 2049 acre tract of land describ�d as Parcel 3�eleased to Nort�lake in Joint Resofution and Agreement, F'ort Warth Adopted ResoEution No. 2341, and being more particularly described as follows: BEGINNiNG af an el� corner on the northeriy line of said F'ort Worth Adopted Resalution No. 2341; THENCE Narth 01 degree 45 minutes 42 secor�ds West, afong said northerly line, a distance of 933.00 feet, more or less to a point for cor�er; THENCE North 88 degrees 41 minutes 58 seconds East, contin�ir�g alo�g said northerly line, a�istance of'i,47a.00 feet, more or less to a poinf for corner; ' THENCE South 01 degree 44 minutes 23 seconds East, cantir�uin� alon� said northerly line, a distance of 490A0 feet, mare or less to a point for corner; THENCE South 01 degree 35 minutes �49 seconds East, departing said norther�y line, over and across said Fort Worth Adopted Resol�ation No. 2341 tract, a distance of '[ ,829.1 � feet, more or less to a�oint for corner; THENCE Nor�h 89 degrees 23 minutes 44 seco�rds West, a distance of 1,470.44 feet, more or less to a poinfi for corner; THENCE North 01 �egree 33 minutes 29 seconds West, a disfance of 1,337.28 feet to fhe PO�NT OF BEGlNNING AND CONTAiN]NG 3,371,340 square feet or 77.40 acres, more or less. "This dacument was prepared under 22 TAC 663.21, does r�ot refleet fhe results of an on the gro�nd survey ar�d is r�ot to be used to convey or �stablish interests in rea! property except those rights and ir�teresfs implied or established by the creation or reconfiguration of the boundary o� the political subdivision far which if was prepared." EXHIBIT S Trac� F Map and Lega� Description f�Af�C�L, F� Being a part af the M. PoI�C Survey, Absfract No. 993, D�ntan Cour�ty, Texas, being a par� of the Wifliam Gaffield Survey, Abstract No. 448, Denton County, Texas, �eing a part of the Guadalupe Cardinas Surrrey, Abstracf No. 215, Denton County, Texas, being a part ofi that calfed 2Q49 acr� tract of �and desc�ibed as Parcel 3 released fo Northlake in Joint ResolUtion and Agreement, For� Worth Adopted Resofufio� No. 2341, and beEng more particularly described as follows: BEGINNING at the nartheast corner of said Fort Wor�h Adopted Resolution No. 2341 and being on the west line of C�#y of Northlaka Ordinance No. 46; THENCE South 01 degree 00 minutes 00 s�cands East, a distance of 814.75 feefi, afong the easter�y �ine ofi said Fort Worth Adopted Resolution No. 2341, more ar Iess to the point of curvature of a circular c�arve to the left, having a ra�ius of 2,640.00 feefi, whose chord bears Soufh 26 degrees �0 minutes 'f 2 seconds Easf, a distance of 2,301.06 feet, more or less; THENCE 5o�theasterly, continuing along said easterly line and along said circular curve to the I�ff, through a central angle of 51 degrees 4Q min�fes 24 seconds, an arc [ength of 2,380.93 fieet, more or iess, to the point of curvature of a circufar curve to the left, not being compound to the precedir�g course, having a radius of 2,640.00 feef, whose chord bears Soufh 1� degre�s 09 minutes 21 seconds West, a distance of 4,238.48 feet more or fess; THENCE Southeasfierly, conti�uing alang said easterly line and along said circular cunre to the left, thro�gh a cenfra� angle of 10� degrees 47 minu#es O8 seconds, an arc fengfh of 4,920.33 feet, more or fess to a point for the intersection of said cailed 2049 acre tract of land and the west corner of that called 2.85 acre tract of land described as Parcel 4 ir� said .€oint Resolution and Agreement, Fort Warth Adopted ResoEutfon No. 2341; THENCE Sout#� 62 degrees 20 rninutes 22 seconds West, depar�ing said easferEy lir�e and along the southerfy line of said calied 2049 acre tract of land, a distance of 2,748.31 feet, more or fess fo a point for comer; THENCE South 89 degrees 17 mir�utes 45 seconds Wesf, confinuing aEong said soutf�er[y line, a distance of 3,804.00 feet, more or less fo the most southerly southwest corner of said calfed 2049 acre tract of iand; THENCE Nortf� 17 degrees 25 minutes 45 seconds East, deparking said soufherly line and afor�g the westerly I�rte of said called 2049 acre tracf of land, a distance of 4,052.00 feet, more or less to an ell corr�er of said called 2049 acre tract of lar�d and being or� a southerEy line of said called 2049 acre #ract af la�d; THENCE Sout� 89 degrees 37 minutes 30 seconds Wesf, along said sautherly line, a distance of 4,365.45 fieet, more or �ess to a point for corner; THENCE North 00 degrees 24 minutes 00 secands West, depa�ting said soufiherly �ine, a distance of 2,995.i6 feet fo an ell corner on the no�therly line of said cal�ed 2049 acre tract of land; THENCE North 90 degr�es 00 minutes 00 seconds East, along said northerly line, a distance of 2,000.00 feet, more or �ess to a poinf for corner; THENCE So�th 01 degree 33 minutes 29 seconds East, departing said northerly fie, over and across said called 2E}49 acre tract of land, a distance of 1,337.28 feet, more or less to a point for corner; THENCE South 89 degrees 23 minufes 44 seconds East, a distance af 1,47Q,44 %et; more or �ess to a paint for corner; THENCE North 01 degree 35 minutes 41 secor�ds Wesi, a distance of 1,829.16 feet, more or less to an el! corner on said northerly �ine; THENCE North 89 degrees 27 minutes 41 seconds East, alang said �ortherly line, a distance of 2,0�2.65 feet to the POfNT OF BEGlNNfNG AND CONTAlNING 30,791,844 sq�aare feet or 7Q6.88 acres of land, more or less. "This document was prepared under 22 TAC 663.21, does not reflect �he results of an on t�e ground survey and is not to be used to convey or esfablish int�rests in real properiy except those rights and inf�rests implied ar established by the creation or reconfiiguration of the boundary of the pofitical subdivision for whic� ft was prepared." EXHISIT 9 Tract G Map and Legal DescrxptXon �AhC � L C Being a trac# af lar�d in the M, Garnett Survey, Abstract No. 4�39, Denfion Counfy, Texas, the W. Ferris Survey, Abstract No. 419, Denton County, Texas, and the M. Polk Survey, Abstracf No. 993, Denfon County, Texas, �eing a parf of that called 217.008 acr� fract of land descrEbed in Warranty Deed to Olen Range in Vofume 87Q, Page 29, in the Deed Records of De�ton Counfy, Texas (D.R.D.C.T.), being all o� that called 2Q6.497 acre tract of land �escribed ir� T�-ustee's Deed to CNR TaliylTrail Creek Acres as recorded in Documer�t No. 2009-� 36383 in tF�e Officiai Records of Denton Counfy, T�xas (O.R.D.C.T.), being all of that called Q.4136 acre tract of land describe� as Tract 1 in Warranty Deed with Vendor's Lien to Tom Strader and Jan Sfirader as recorded in Volume 3347, Page 942 D.R.D.C.T., being part of that ca[led 241.210 acre fract of lar�d described in Special Warranty Deed to Jus#in TEmberbrook, L.�.0 as recorded in Document No. (20'i7) 5803 O.R.D.C.T., being part af thai called �411.268 acre tract of land described in Special Warrarity Deed to Justin Ti'rrmberbrook, L.LC as r-ecorded in Doc[�ment No. 2016-5�837 O.R.D.C.T,, being the remains of that called 2'�vA41 acre tract of land descri�ed in Warranty Deed to Mary L. Range Bradley as recorded ir� Vofume 670, Page 27 D.R.D.C.T., a part of Farm to Market Road 407 (F.M. 407) (an apparent 90 foot wide righ#-of-way), a par� ofi Range Road, being a part of tF�at called 2049 acre tracf of land describ�d as Parcef 3 released to Northla�Ce in Joint Resolution and Agreement, Fort Worth Adopted Resolutian No. 2341, and being more particularly described as follows: BEGINNING at the northeast corner of said called 206.497 acre tract of land and being on t�e south right-of-way Gne of sai� F.M. 407, THENCE Soufih 00 degrees D8 minut�s 21 seeonds East, passing the southeast corner of said called 206.49i acre tract of �and and an el! corner of sa�d ealled 217.008 acre tract ofi Eand at a distance of 34�4.42 feet more or less, and cantinuing a total distance ofi 5,339.06 feet more or less, to an ell cvrner of said called 2049 acre fract af land and being on the sout� side of Range Road; THENCE North 88 degrees 45 minutes 28 secon�s East, a distance of 1,333.97 feet, more or less to an e11 corner of said called 2049 acre tract of iand; THENCE South 09 degree 20 minufes 04 secands East, a distance of 1,840.00 feet, more or less ta an elf corner ofi said called 2049 acre tract of lar�d; THENCE North 9a degrees DO minutes 00 seconds East, a distar�ce of 'i Q0.00 f��i, mare or less to an eil corner of said called 2049 acre tract of �and, THENCE South 00 degrees 00 minufes 00 seconds East, a distance of 1,357.00 feet, more or Iess, fo an efl corner of said cafled 2049 acre tract of fand; THENCE South 00 degrees 24 minutes 00 seconds East, over and across said called 2049 acre firact of land, a distance of 2,995.76 f�et, more or less to a point for corner ort a south Gne of said cal[ed 2049 acre tract of iand; THENCE South 89 degrees 37 minutes 29 seconds West, a disfance af 3,012.55 feet, more or less to an efl corner o�F said cal[ed 2049 acre tract of land; THENCE North 67 degrees 32 minutes 56 s�conds Vllest, a distance of i6.0� feefi, more or less to an ell corner of said cailed 2Q49 acre tract of land; THENCE North 00 degrees 35 minutes 55 seco�ds West, a distance of 7,540.55 feet, more or less to a point for corn�r�; THENCE Nor�h 90 degrees 00 mir�utes 00 seconds West, a distance of 934.16 feet more or less, to a point for cflrner; ' � � THENCE Norfih 00 degrees 33 minutes 54 seconds W�st, passing the southwest corner of said call�d 206.497 acr� tract of land at a distance of 461.06 feet more or fess and cantinuing for a total distance of 3,675.84 feet mare or fess, fa tF�e northwest corner of said calfed 206.497 acre tract of land, and being in t�e �outh right-of-way lin� of said F.M. 407; THENCE North 09 degrees afi minutes 24 seconds West, a distance of 111.56 feet rnore or less, fo southwest corner of said called 0.4'[36 acre tract af Iand and being on fhe north right�of way line af said F.M. 4D7; THENCE Nor�h 00 degrees 3� minutes 11 seconds Wesfi, passing the common northwesfi corner of saici called 0.4136 acre tract ot land a�d the soufhwest corner of said called 2�1.210 acre tract of Iand at a distance o�F 183.32 feet, mor� or less and continuing for a tota� distance of 3,260.14 feet more or less, to an ell corner of said called 241.210 acre tract of fand; THENCE North 00 degrees 24 minutes 47 seconds East, a distance of 2,571.'�2 feet more or less, to a point of intersection in the north line of said called 249.210 acre tract of fand; THENCE North 89 degrees 54 minutes 00 seconds Easf, passing fhe common east iine of said ealled 241.21(} acre tract of land and fhe west line of said ca�led 411.268 acre tract of land at a disfance of 1,01 �.21 feefi more or less and continuing for a toial distance of 1,828.78 feet to a point on a circular curve to the left, not being tangent to the preceding course, ha�i�g a radius of 2,64D.00 feef, whos� chard bears South 10 degrees 41 minutes 5Q seconds West, a distance of 1,069.89 feef more ar less; THENCE Southwesterly, along said circular curve to the left, thro�gh a centraf angle of 23 degrees 22 minutes 54 seconds, an arc lengfh of 1,077.35 fest more or less, to a poir�f for corner; THENCE South 00 degrees 34 minutes 22 seconds East, a distance of 2,669.69 feet to the point of currrafure of a circular c�rve to the left, not being tangent to the preceding course, havir�g a radius of 2,640.00 feef, whose chord bears Soutl� 04 degrees 54 minu#es 00 seconds East, a d�stance af 451.20 feefi more or less; THENCE Southeasterly, along said circular curve to the left, through a centra! angle of 09 degrees 48 minutes 16 seconds, an arc fength of 451.i� feefi more or less, to a point for corner; � THENCE South 82 degrees 59 minutes 00 seconds West, a distance of 652.25 feet more or less, to a point for corner on the common east line of said called 241.210 acre tract of land and th� west iine of said called 41'i.268 acre tract of land; THENCE 5outh 00 degrees 25 minutes 43' secands East, pa�'sing the common southeast corr�er of said called 241.210 acre tract of land, the southwest corner of saic� called 41'E.268 acre tracf of land and the north right-of-way line of said F.M. 4Q7 at a distance af 1,344.23 feet, more or less and continuing for a total distance of 1,434.29 feet more or less, to a point for corner on the common north line of said called 206.497 acre tract of land and tne south right-of-way line of F.M. 407; THENCE Nor�h 89 degr�es 2a minutes 40 seconds East, alang said south rEght-of way Ifr�e, a distance of 845.35 feet more or Eess, to a point for corner; TH�NCE North 89 degrees 25 minutes 37 seconds East, continuing afong said south right-of-way line, a distance of 749.02 feet fo the POlNT OF BEG[NNfNG AND CONTAINING 40,080,022 squar� feet or 92Q.1 acres of land, more or less. °T�is document was prepared under 22 TAC 663.2'i, does not reflect the results of an on the ground survey and is r�ot to be used to convey or esfablish interests En real prope�ty except those rights an� inferests implied or established by the creafion or recon�iguration of the boundary of t�e politica� subdivisian for which it was prepared." EXHIB�T I0 Trac� H Map and Legal Descript�on P�►RG�� F� Being a tract of land in the M. Palk Survey, Abstrac� No. 993, Dentan Counfiy, Texas, being a part of that called 217.008 acre tract of land described in Warranty D�ed to Ofen Range in Volume 870, Page 29, in the Deed Records of Denton County, Texas (D.R.D.C.T.), being a part of that cailed 2049 acre tract of land described as Parcel 3 released io Northlake in Joint Resolution and Agreement, �or� Worth Adopted Resolution No. 234�[, being all of Foxbane Estates, an addition to Denton Caunfy, Texas as recorded in Volume H, Page 24 of the Plat Records of Denton County, Texas, and being more particularly described as �ollows: BEGfNNING at an eli corner of said cafled 2Q49 acre fract of land and being on the soufh side of Range Road; THENCE North 88�degr�es 45 minutes'28 seconds Ea�t, a�dfstance of �,333.97� feet, more or less to an ell corner of said called 20A�9 acre tract of land; THENCE Sauth 01 degree 20 minutes 04 seconds East, a distance of '�,840.00 feet, more or iess to an ell comer of said called 2049 acre tract of land; THENCE Nort� 90 degrees 00 min�ates 00 s�conds East, a distance of 10�.00 feet, more ar fess to an ell corner of said called 2049 acre tracf o# land; THENCE South 00 degrees Oa minutes 00 seconds East, a distance of 1,357.00 feet, more or less, to an efl corner of said called 2049 acre tract of land; THENCE South 00 degrees 24 minutes 00 seconds East, over and across said cafled 2049 acre tract of land, a distance of 2,995.76 feei, more or fess ta a point for corner on a sauth line of said calied 2049 acre tract af land; THENCE Sauth 89 degrees 37 minutes 29 seconds West, a distance of 3,012.55 feet, more or less to an ell corner of said called 2049 acre tract of land; THENCE North 67 degrees 32 minutes 56 seconds West, a distance of 76.01 feet, more or less to an ell corner of said calfed 2049 acre fract of land; THENCE North 00 degrees 35 minutes 55 seconds W�st, a distance of 6,002,57, more or less feet to a point for the northwest corner of Lot 99 of said �oxbane Estates; THENCE NortF� 89 degrees 44 minutes 44 seconds East, a distance af 749.62 feet, more ar less the nor�heast cornar of Lot 20 of said Foxbane Estates; THENCE Nor�h 00 degre�s 'i5 minutes 32 seeonds West, a distance ofi 128.90 feet, more or less to a point for corner on the south line of said Range Road; THENCE Nor�h 88 degrees 45 minutes 28 seconds Easfi, a distance of 899.20 feef, mare or less to the POINT OF BEGINNING AND CONTAIN[NG 98,808,793 square feet or 431.79 acres of land, more or fess, "This doc�ment was prepared under 22 TAC 663.21, does not ref[ect fhe results of an on th� ground survey and is not to be used to con�ey or establis� interests in real property except fhose rights and ir�terests implied or esfablished �y fhe creafion or recon�iguration af the boundary of the political subdi�ision for which it was prepared." EXHIBIT 1.1 Tract I Map and Legal Descxipiion ��AC;� i BeEng a tract of land in fihe Wifliam Reed Survey, Abstrac� No. � 071, the John L. Higgens Survey, Abstract No. 584, the J. W. Gorbeft Survey, Abstract No. 474, fhe William H. Gor�ett Survey, Abstract No. 475, tY�e Wifliam Reed Survey, Abstract No. 10T'E, t�e James �. Dallas Survey, Abstract No. 363, THE Heirs of John A. Walker Surrrey, Abstract NO, 1367, t�e J. J. Young Surv�y, Abstract No. 1445, the Elfer� Young Survey, Abstract Na. 1452, the D. C. �entz Survey, Abstract No. 9 644, t�e Nathaniel S. Hazleton Survey, Abstract No. 547, and the William W. Young Survey, Absfract No. 1444, D��ton County, T�xas, and being a part of that tract of lar�d depicted in Exhibit B of Jainf Resolufiion and Enterlocal Agreement, Resofution No. 4012�07-2091 as reearded in Document No. 20'� 1-9187�4 in the Official Records of Denfon County, Texas, and �eing more par�icularly described as fa�lows: BEGlNNING at fhe intersection of said south� right-of way line and the prolongation of� th� east right-of-way [ine of Jim Baker Road; THENCE North 00 degrees 08 minutes 20 seconds East, d�parting said south right-of way line, a distance of 2,4Q0.05 feet, more or less to a point for corner on said east �-ight- of-way lir�e; THENCE Nort�t 86 degrees 58 minutes 53 seconds East, a distance of 2,119.38 feet, more ar I�ss ta a point for comer; THENCE 5outh 8� degrees 04 minutes 31 seconds East, a distance of 3,655.82 feet, more or less to a point for corner; THENCE Narth 74 degrees 22 minutes 20 seconds East, a d�stance of 9'l7.2� feet, more or less to a point for corner; THENCE South i4 degrees 58 minutes 57 secands East, a distance of 161.29 feet, more or I�ss to a point for carner; THENCE North 78 degrees 49 minutes 26 seconds East, a distance of 1,767.90 feet, more or less to a point on t�e line a� demarcation befween the ETJ of fihe Town of Northiake and the ETJ of the Town of Clark as shown on Ex�ibit A-1 in the Town of Northlake Resolutiort No. '�51 on a c�rcular curve to Ieft, not being tangent to fhe preceding course, having a radius of 2,�40.00 feet, whos� chord bears So�rth 54 degrees 26 minutes 32 seconds East, a distance of 2,853.45 feet mare or less; THENCE So�theasterly, along said circular curve to the feft, through a central angle of 65 degre�s 25 min�tes 31 seconds, an arc length of 3,014.58 feef to the point of curvature of a circular curve fo the left, not beir�g compound to the preceding course, having a radius of 2,6�O.OQ feet, whose chord �ears South 1i degrees A1 minutes 28 seconds West, a distance of 1,555.31 feet more ar less; THENCE Southwesferly, along said circular curve to the [eft, through a central a�gle ofi 34 degrees 15 minutes 47 seconds, an arc length of 1,578.73 fieet, more or less, to the point of curvature of a circufar curve to the leff, not being compaund to the preceding co�rse, haWing a radius of 2,640A0 feet, whose chord bears South 29 deg��es '[9 minutes 02 seconds West, a distance of 1,311.49 feet more or I�ss; THENCE 5outhwesterly, along said circular curve to the left, �hrough a central angle of 28 degrees 45 minutes 52 seconds, an arc [ength af1,325.37 feet to a point for corner; THENGE South 88 degrees 57 minutes �2 secor�ds West, a distance of 1,012.55 feet, more or fess to the paint of curvature of a circufar currre to the left, nat being tangent to the preceding course, having a radius of 2,64Q,OD feet, whose chorci bears North 70 degrees 13 minutes 00 seconds Wesf, a distance of'1,674.58 feet; 'THENCE, along said circular curve to the'fefit, fihrough a centraf angle of 36 degrees 58 minutes 55 seconds, an arc lengfih of 1,704.D'[ feet, more or less to a point for corner; THENCE North 88 degrees 42 minutes 28 seconds West, a distance of 1,559.59 feet to the poinf of curvature of a circufar cu►ve to fhe left, having a radius of 2,640.00 feet, whose chord bears South 64 degrees 58 minutes 12 seconds Wesf, a distance of 2,341.27 feet, more or less; THENCE Southwesterly, aiong said circular curve to the left, through a central angle ofi 52 degrees 38 minut�s 41 seconds, an arc Iength of 2,425.70 feet ta the point of curvafure of a circular c�rve to the left, not being campound to fihe preceding course, having a radius af 2,640.00 feet, w�ose chord bears Sauth 53 degrees 3D minutes i3 s�conds West, a distance of 2,728.53 feet, more ar less, THENCE Southwesterly, along said circular c�arve to t�e left, throug� a central angle of 62 degrees 13 minutes 52 seeonds, an arc I�ngth of 2,867.41 feet, more or less to a point for corner; THENCE South 89 degrees 54 minutes OQ seconds West, a distance of 304.63 feet, more or less to a�oint for corner; THENCE Nor�h 01 degrees 55 minutes 59 seconds West, a distance of 3,638.95 feet, more or less io a point for corner; THENCE South 89 degrees 43 minufes 02 seconds West, a distance of 849.03 feet, more or less to the POINT OF BEGINNING AND CONTAINiNG 38,987,457 square feet or 895.03 acres of fand, more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on fhe ground survey, and is not to be used to convey ar establish interests in �eal property excepf those rights and interests implied or established by the creation or reconfiguration of the boundary of the poli�ical subdi�ision for which it was prepared." EXHIBIT 12 Joint Reso�ution Form Exhibit 12 Form oi Joini Resolution JOINT RESOLUTION TItANSFERRING CERTAIN EXTRATERRITORIAL JURxSDrCTION (ETJ} BETWEEN THE CITIES OF FORT WORTH AND JUSTIN; RELEASING ETJ BY THE CITY OF NORTHLAKE; PROVIDING FOR SEVERABILITY; PROVIDING FOR RECORDATION; AND PROVIDYNG AN EFFECTIVE DATE. Whereas, the City of Fort Worth {"For� Worth") is a home rule municipality organized under the constitution and �aws of tlae State of Texas; and Wliereas, the Tawn of Jus�in {"J�stir�"} is a general lavv municipa(ity organized under the laws of the State af Texas; and Whereas, the Town of Northlake ("Northlake") is a general Iaw municipality organized under the Iaws of the State o� Texas; and Whereas, Fort Worth, Justin and Northlake are parties in Town of Northlake v. Caty of Justin, No. IS-08170-367 pending in the distri�t court of Denton County, Texas {the Lawsuit) in which there are cornpeting claims as to the extraterritorial jurisdiction status of certain tracts of land hereinafter described as tracts E, F, G, H and I, as depicted on Exhibit 1, which is attached hereto and incorporated by reference herein, and as individually described and depicted a� Exhibits 2, 3, 4, 5 and �, respectively and which are attached hereto and incorpoz'ated by reference herein; a.rad Whereas, Fort Worth and Northlake entered into a 2020 interlocal agreement that superseded and replaced all previous interlocal agreements between the two invol�ing ETJ that provided inter alia for the eventual transfer of all of parcels E, F, G, and i from Fort Worth to Nortl�lake; Whereas, the parties to the Lawsui� have agreed that parcels E, G and H shall beeorne the exclusive ETJ of Justin and iracts F and I shall become the exclusi�re ETJ of Northlake; an.d Whereas, Fort Worth and Justin �ave authority under the laws of Texas to enter into agreements for the transfer of extraterritorial jurisdiction between one another and to so adjust tl�eir boundaries; and Whereas, pursuant to• Tex. Loc. Gov't Code section 42A21, Fort Worth k�as an ETJ boundary of f ve miles from its corporate Iimits and Justin k�as an ETJ boundary of one mile from its corporate limits; and Whereas, tracts E, G and H lie within ane mile of Justin's corporate limits; and Whereas, tracts F and I lie wifllin �ve miles of Fort Worth's corporate limits; and Whereas, Northlake agrees to reduce its claim of ETJ to tracts E, G and H; and Whereas, Justin agrees to reduce it clam of ETJ to tracts F and I; and Whereas, Fort Worth agrees to reduce its claims of ETJ to tracts E, G, and H. Whereas, the transfer of ETJ between Fort Worth, Northlake, and Justin by fhis 3oint ResoIution is in the best interests o�each municipaIity, its citizens and property owners. NOW THEREFORE be it be jointly resolved by the City Council of Fort Worth, �he City Council of Justin and th� Tovvn Councii of Nortlalake that: SECTTON 1. The above recitals are incozporated herein by reference and made a part af this j oint resalution as if fulIy set forth. SECTION 2. Fort Worth hereby reduces its extraterritorial jurisdictzon over tracts E, G, and H and Justin hereby expands its e�traterritarial jurisdictian to include such tracts. SECTIDN 3. Justin hereby reduces its e�traierritorial juxisdiction in tracts F and I and Fort Warth hereby e�pands its extratez�ritorial jurisdiction to include such tracts. SECTION 4. Northlake hereby reIeases its claim to extraterritorial jurisdiction in tracts E, G, and H. SECTION 5. Fort Worth, Justin, and Northlake each shall ad�ust their extrat�rritorial jurisdiction boundaries to refiect the transfez' of territory prescribed by Sections 2, 3, and 4 of this Joint Resolution in #he xnar�ner provided by law. SECTION 6. The effective date of this Joint Resol�tion shall be the date that the last mur�zcipality adopts it. SECTION 7. In the event that any one Qr �x�ore of fhe sections, subsections, provisions, clauses or words of this Agreerz�ent or tl�e application of such sections, suE�sections, provisions, clauses or words to any situation or circumstance shall be, oe should i�e held io be, for any reason, invalid or unconstitutional, under the laws or constitutions of the Siate of Texas or the United States of America, or in contravention of any such laws oi• constitutio��s, such inr�alidity, ua�constitutionality or contravention shall ��ot affect any othe�- seciions, subsectioi�s, provisions, clauses or words o� this Ag��eement or the applicatio� of st�ch sections, subsections, provisions, clauses or words to any other situation or cit�cumstances, and it is intended that this Agt•eement shalf be severable anc! s11a11 be construed and applied as if axay such invalid or ui�constitutional sectian, subsection, provision, clause or word had not been inciuded herein, and the r�ights and abligations of the Partzes IZereio sha�l be construed and retnaiz� in farce accordingly. Should any pot-�ion of ihe area transferred ta Justin's ETJ 6y this Joiizt Resolutio�� be already lawfully within the ET.T of 7ustin, the t�•at�sfer of ETJ from Fort Wat�th to Justin pursuant to this Agreeinent shall be deeined to exclude such area and to apply solely to the re�naining area so transferred. 2 SECTI.ON 8. A copy of t�is Joint Resalution shall be filed in the property records o� Denton and Tarrant Counties. � PASSED AND APPROVED BY THE City Council of Fort Worth o�i this fihe _ day of , 20 . Mayor, City of Fort Worth ATTEST: City Secretary, City o��'arl- V�orth PASSED AND APPROVED BY THE City Council of ]ustzn on this the � day of , za Mayor, City of Jusiin ATTEST: City Secretary, City of Jusiin PASSED AND APPROVED BY THE Torvn Council of Nort�lake on this the _ day oi , 20 Mayar, Town o�Northlake ATTE�T: Towin Secretary, Town ofNorthlake Exhibit List Jaint Resolution Ex�ibit 1: Subject Property map (same as Exhibit 2 of ILAj Exhibit 2: Map and Praperty I]escription, Tract E Exhibit 3: Map and Proper�y Qescription, Tract F Exhibit 4: Map and Property Descri}�tion, �Fract G Exhibit 5: Map and Property Descri{�tion, Tract H Exhibit 6: Map and Property Descriptian, Tract I EXH�BIT 1 Subj ect Propexty Map .;r � �r�tt�� II � i � � , � ! TractH I I � � ru,iv� — � Tract G � �4Ft 47�art� �T�1 i i Jusi[in ETJ Clty nf �pet�e� htact E � _ _ __ I N \V� L• S a �,aoo z,000 �IFeel II Sinch=2,600[eel I � i 4 � � I I� I � I � ' i ! � T6LV[4 i7� � -- -_-cC� , ryorClsielce � � dt c I ka�Rhll�+ke :7.f { [,' � ! '� O i r�Ft lA'orili Exhibit 9 ETJ /-�I[oeatinn for �VorEhlake and Jusfin Pas# S�ttlemeni plspvEed Area _` Town of i+lnriMake � Cily nf Juslin EiJ ETJ to iVorthlake Fown of FVorIMlake �Td City ot f=nrk Worlh � ETJ lo Juslin - Clly of Jusiin Clry nf FnrllNnrlh EiJ - oa€�: tnsauz� � �' � �I � j i _ I I u- � � I� I I �;'af�talakC �TJ��------ � I -- �•ro:•rrt or Narkhf�ku� . � � _ �'� .._ -- � — ._. ii � �-- �- 1 � �f-r.- " EXH�BIT 2 Map and Property Descripiion, T:ract E �ARCE� � Being a�art af the M. Pofk Survey, Abstract No. 993, D�nton County, Texas, bei�g a �ar� of that called 2049 acre fract of land descri�ed as Parcei 3 r�feased to Nort�lake in Joint Resolution and Agreemeni, Fort Worth Adopfied Rc�solutian No. 2341, ancl being mor� par�icularly described as follows: BEGINNING at an ell corner on the nortf�er[y �ine of said Fort War�h Adopfed Resc�lu�ion Na. 2341; THENCE Narth 01 degree 4� minutes 42 seconds West, along said nQrtf�eriy line, a distance of 933.00 feet, more or less to a point for carner; THENCE Narth 88 degrees 41 minutes 58 s�cands East, continuing along said nartherly line, a distance of 1,470.00 feet, rnore or less to a paint for corner; THENCE South 01 degree 44 minutes 23 seconds East, continuing a�ong �aid no�ther�y fine, a disfance of 49Q.OD feet, more or less #o a painf for corne�; THENCE South 0� degree 35 minutes 41 seconds Easfi, departing said northeriy line, over and across said Fort Wortf� Adopted Resol�tion Na, 2341 tract, a distance of 1,829.16 feet, mo�-e or less to a poinf for corner; THENCE Nor#h 89 degrees 23 minutes 44 seconds West, a distance of 9,470.�4 feet, more or less to a poinf for corner; THENCE No�th 0'1 degre� 33 minutes �9 seconds INest, a d�stance of 1,337.28 f�et to fhe POINT OF BEGINNING AND CONTAINING 3,371,3�0 square feet or 77.40 acres, more or less. "ThEs dvcument was prepared under 22 TAC 663.21, does not reflect th� results of an on the ground survey and is not to be us�d to canvey or esfabfish interests in r�al property except tf�ose rights and interests implied or established by the creation or raconfiguration of the boundary of the pofitical su6division for whic� it was prepared." EXHIB�T 3 Map and Proper�y Descriptxon, Tract F �A�2C�L �` Being a pari ofi the M. Po[k Sur►rey, Absfract No. 993, Denfon County, Texas, being a part of th� Wiiliam GafField Su�-vey, Abstract No. 448, Denton County, Texa�, baing a par� ofi the Guadalupe �ardinas Survey, Ahsfract No. 215, Denton County, Texas, being a part of that cal�ed 2049 acre tract of Eand de�cribed as Parcel 3 released fo Nor�hlake in Joint Resolution and Agre�mer�t, F'orf War�h Adopted Resolu�ion No. 2341, and beir�g more particufar[y described a� fol�ows: BEGINNfNG at fhe northeast corner of saEd �or� Wor�h Adopted Resal�fion No. 2341 and being on the wesf line of City of Northlake Ordinance Na. 46; THENCE 5outh 01 degree 00 mir�utes 00 seconds East, a distance ot 814.i5 feet, along the �asterly line of said Fort VVor�h Adopted Resolut�on No. 2341, more or iess to the point of curvature of a circular cur-ve to the le�t, having a radius of 2,640.00 feet, w�ose chord b�ars South 26 degrees 50 mir�utes 92 �econds East, a distance of 2,3A'1.06 feet, mare or less; THENCE Southeasterly, cantinuing along said east�rly line and along said circular curve to the left, through a central ar�gle of 51 d�grees �0 minutes 24 secands, an arc ler�gth of 2,38D.93 fiee#, more or less, #o the point of curvature of a circuiar curve io fihe iaft, not being compound to the preceding caurse, f�aving a radius of 2,640.00 feet, whose chord bears South '� 1 degrees 09 minutes 21 seconds We�t, a distance of 4,238.48 feet mor� or fess; THENCE Southeasfier�y, conti�uing along said easterly line and along said circufar curve to the left, fhrough a centraf angle of '[06 degrees 47 minutes O8 seconds, an arc length of 4,920.33 feet, more or less to a point for fhe iniersection of said cal�ed 2049 acre tract of Iand and �he west corner of thafi called 2.85 acre tract of land described as Parcef 4 in saEd Joint Resolu�ion and Agreement, Fort Worfih Adopted Reso[uiion No. 234T; THENCE Souii� 62 clegre�s 20 minutes 22 seconds West, departing said easteriy [ine and along th� southerfy iine af said called 2Q49 acre tract of land, a distance of 2,748.3'[ feet, mare or less ta a�oint for corner, THENCE South 89 degrees 17 mir�ufes 45 seconds Wesf, continuin� along said southerly line, a distar�ce af 3,804.00 feet, more ar less fo the mast southerly soufhwest corner of said called 2045 acre tract o� land; THENCE Narth 'i i degrees 25 minutes Q-5 seconds East, departing said southerly line and along the wesf�rly lir�e of said calfed 2049 acre tract of land, a distance of 4,052.0� �eet, more or less to an ell corner af �aid called 2049 acre traet of Iand and heing on a soufiherly line o� said cali�d 2049 acre tract ot land; THENCE 5outh 89 degree� 37 minutes 30 seconds West, alar�g said sout�erly I�ne, a distance of 4,365.45 feet, mor� or less to a point for carr�er; TH�NCE Nor#h Qa degrees 24 m�nutes DD seconds West, d�pa�ting sa�d saufherly Eine, a distance of 2,995.76 feet to an ell corner an the r�or��e�ly line of said called 2049 acre tract of land; THENCE Narth 90 degrees QO minutes Oa seconds East, along said northeriy line, a distance of 2,000.�0 feet, more or less #o a point for corner; THENCE Souih 0'I degree 33 minutes 29 seconds East, de�artir�g said norkherly lie, over and across said cal[ed 2049 acre tract af land, a disiance af 1,337.28 feet, more or less to a point for corner; THENCE South 89 degrees 23 minutes 44 seconds Easf, a distance of 1,470.4� feet, more or iess to a point for corner; THENCE Nort� 0'1 degree 35 minufes 41 secar�ds West, a distance ot '[,829.16 fieet, mare or less to an el[ carner on said nor��erly line; THENCE Nor�h 89 degrees 27 minutes 41 seconds East, a[ong said norther[y line, a disfianc� of 2,052.65 feet to the POfNT �F BEGINNfNG AND CONTAINING 30,79� ,844 square feet or 706.88 acres o� land, more or �es�. "This dac�rnent was prepared under 22 TAC 663.29, does nofi refl�ct the resulfs o� an an t�e ground suRvey and is not #o be used to convey or esta�lish int�rests in real property except those rights a�d intarests implied ar esfablish�d by tl�e creation or reconfig�aration af the boundary of the po�itical subd�vision for wf�ich it was pre�ared." EXHIBIT 4 Map and Property Descrip�ion, Tract G PARC�L C Baing a fracf of Iand in the M. Garnetfi Survey, Abstract Na. 439, Denfon County, Texas, tl�e W. Ferris Survey, Abstract No. 419, Denton Counfy, Texas, and the M. Polk Sur�ey, Absiract No. 993, D�nton Caur�ty, Texas, Eaeing a part of that called 2� 7.008 acre tract af land described in Warranty Deed to Olen Ranga in Valume 870, Pag� 29, in the Deed Records of Denton Cou�fy, Texas (D.R.D.C.T.), �eing all of that cal�ed 206.4�97 acre traefi of land descrEbed in Trusfee's �eed tc� CNR Ta11y1Trail Creek Acres as recorded in Document No. 2009-136353 in the �fficial Records af Dentan County, Texas (O.R.D.C.T.), being all of that called �.4936 acre tract of land described as Tract � in Warranty Deed wEth Vendor's Lien fio Tom Strader and Jan Strader a� recorded in Volume 3347, Page 942 D.R.D.C.T., being part af tha� called 24'�.2'i0 acre tract of lar�d described in Speciaf Warrar�fy Deed ta Justin TimberbraoK, LLC as r�corded in Docum�nt No. (201i� 5803 C?.R.D,C.T., being part af ti�at called 411.268 acre tract of land described ir� Specia[ Warranfiy De�d to Jusfin Timl�erbrook, LLC as r�corded in Document No. 20'�6-55837 O.R.D.C.T., being fihe r�mains of that called 295.041 acre tract of land d�scri�ed in Warranty Deed to Mary L. Range Brad[ey as recorded in VoEume 670, Page 27 D,R.D.G.T., a part af �arm ta Market Raad 407 (F'.M. 407) (an apparent 90 foot wide r�ght-of way), a par� of F2ange Road, being a part of that called 2049 acre tract of land described as Parcel 3 reieased to NorthEak� in Joint Resoiution and Agreement, For� Worth Ado�afied R�solution No. 2341, and being mor� �ar�icularly descrEbed as follows: BEGINNING at the nor�h�ast corner of said called 206.497 acr� fract af fand and being on the south right-af way line af said F.M. 407; THENCE South 00 degrees 08 minutes 21 seconds East, passing the sautheast corner of said calle� 206.497 acre tract of land and an ell corner of said called 217.OQ8 acre tracfi of land at a distance of 3454.42 feet mare or less, and coniinuing a fotal distance of 5,339.06 feefi more or les�, to an e!i corner of said cafled 2Q49 acre tracf of land and being on th� soufh side of Rar�ge Road; THENCE North 88 �egrees 45 minutes 28 seconds East, a distance o# �,333.97 feet, more or less to an efl carner of said called 2Q49 acre tract ofi land; THENCE South 01 degree 20 minutes 04 s�conds East, a distance of 1,840.00 feet, more or less fo an ell corner afi said called 2049 acre tract of land; THENCE North 9Q degrees 00 minutes 40 seconds East, a di�tance of 100.aD �eet, more or I�ss fo an ell corner of sa�d ca11e� 2049 acre tract of lar�d; THENCE South DO degre�s Oa minutes DD seconds East, a distar�ce of 9,357.a0 feet, more or less, to ar� ell carner of said called 2049 acre firac� of far�d; THENCE South 00 �egrees 24 minutes 00 secand� East, o�er and acros� said called 2049 acre tract of land, a distance of 2,995.76 feet, more or less fo a�oint far corner on a south iine of said calied 2049 acre tracf of land, THENCE �outh S9 degrees 37 minutes 29 secand� West, a distance of 3,012.55 feet, more or less to an ell corner of said called 2Q�49 acre fraci of [an�; THENGE No�th 67 degrees 32 minutes 56 �econd� W�st, a distance of 76.01 feet, morE or less fia an ell corner o� said called 2049 aer� tract of land; THENCE Nor�h 00 degrees 35 minutes 55 seconds West, a disfance of 7,540.55 feet, more or le�s to a point for corner; THENCE Nortl� 90 degrees 00 minuies 00 seeonds West, a distance o� 934.16 feefi mor� or �ess, to a poinf for corner; THENCE North 00 degrees 33 �ninutes �4 seconds West, passing the southwest corner of said callad 206.497 acre tract of land at a distance af �61.06 feet more or less ancl continuing far a fotal distance of 3,675.84 fieet more or less, �o the northwest corner of said calied 206.497 acr� tracf of land, and being in the south r�gt�f-of-way line af said F'.M. 407; THENCE North 09 degrees 06 minutes 24 s�cands Wesfi, a distance of 119 .56 feet more or fess, to sauthwest corner of said ca[led 0.4136 acre traci of land an� being on the north rignf-of-way line of said F.M. 407; THENCE North Oa degrees 34 minutes � 1 seconcis Wesi, passing the common narthwest corner of sa[d caEled 0.4'[36 acre tract of fand and the soutt�wesf corner of said called 241.210 acre tract of lan� at a distance of 183.32 feet, more or less and continuin� for a tatal dista�ce of 3,260,14 feet more or less, to an ell corner of said calfe� 241.2�0 acre fract of land; THENCE North a0 degre�s 24 minutes 47 second� East, a distance of 2,571.12 feet more or less, io a poir�t of intersectior� in fhe narth line of said called 24'[.2'f0 acre tract of land; THENCE North 89 degrees 54 minufes 00 seconds East, passing the comman eas# line of said cailed 241.21Q acre tract af land and the west line af said called 411.268 acre tract of land af a distance of 1,016.2� �eet more or Iess and continuing for a totai distance of �,828.78 feefi to a poi�# on a circular curve to t�e left, not be�ng tange�tfi to fhe �receding course, having a radius af 2,6�O.OQ feet, whose chard �ears South 3 0 degre�s 41 minutes 5Q s�conds Wes�, a distance of 1,069.89 feet mare or less; THENCE So�fhwester�y, along said cireular curve to the left, t�rough a central artgl� of 23 degrees 22 minutes 54 seconds, an arc length af 1,Q77.35 fee� more ar less, to a point for corner; THENCE 5outh Oa degrees 39� minute� 22 secortds East, a disfance of 2,669.�9 feet to the point of curvature of a circular c�rve io the ieft, nofi being tangenf to the prece�ing course, ha�ing a radius of 2,640.00 feet, whose chord bears South Q4 degrees 54 minu�es 00 �econds East, a distanc� af 451.20 feet more or I�ss; � THENCE 5autheasteriy, alang said circular curve to t�e left, through a cenfiral angle of 09 degrees 48 minutas 16 seconds, an arc leng#h of 451.7� feet more or ]ess, fo a point for corner; THENCE Soufh 82 degrees 59 minutes 00 seconds West, a di�tance of 6�2.25 feet mnre or less, to a painf for corner an �he common east line of said callsd 2�1.210 acre tract of land and the west Iine of said called 411.268 acre tract of land; iHENCE South 00 degrees 25 minufes 43 seconds Easi, passing the cammon sauti�east corn�r af said calf�d 241.210 acre tract af land, #he soufihw�st corr�er of said called 41 �.268 acre tract af la�d and the nor�h right-of way line of said F.M. 407 at a distance of 1,344.23 feet, more or less and eontinuing fior a tofial distance of 1,434.29 fe�t more or less, to a poinf far corner on the common north fine ofi said calfed 206.497 acre tracfi of land and the saufh right-of-way line of F.M. 407; THENCE Narth 89 degrees 20 minufes 40 seconds Easf, along said south righf-of way line, a distance of 845.35 f�et more or less, fo a point for corner; THENCE North 89 degrc�e� 25 minutes 37 seconds East, continuing along said so�ih rig�i-of-way �ine, a distance of 749.�2 feet to the PO1NT OF BEGINN[NG AND CONTAINfNG 40,OSO,Q22 square feet or 920.1 acres af land, more or less. "This dacument was prepared under 22 TAC 663.21, does not reflect the resulfis of an on the ground survey and is not to be used to conW�y or esfabfish inter�sts �n real proper�y except ti�ose righfis and interests implied or estabfished by fhe creation or reconfig�rafion afi �he baundary �f the political subdivisior� for which it was prepared." EXHIBIT 5 Map and Property Desc�ription, Tract H PARC�L H Being a fract of land in the M. Polk St�rvey, Ab�tract No. 993, Denton County, Texas, being a part ot that called 2� i.008 acr� fract of iand described in Warranty Deed �o Olen Range in Vofume 870, Page 29, in the D��d Records of Denton County, T�xas {D.R.D.C.T.), beEng a part of thafi called 2049 acre firact of far�d de�cribed as Parce� 3 released to Narthlake in Joinf Resolution and Agreemer�t, Fo�t Worth Adopied Resolufion Na. 23Q�1, being ail of Foxbar�e Estates, an addifion to Dentan Cour�ty, Texas as recorded in Volume H, Page 24 of the P[at Rec�rd� of Den�on County, Texas, and being more particularly described as �ollows: BEGINNING af an e!I corner of said caiEed 2049 acre trac� of iand and being on the south side of Range Road; THENCE North 88 degrees A�5 minutes 28 s�conds Easfi, a di�tance of 1,333.97 feet, more or less to an ell cor�er o� said called 2049 acre tract of lar�d; THENCE South Q� degree 24 minutes 0� secar�ds East, a distance of �,840.00 feefi, more or less to an eli corner of said calEed 2Q49 acre tract of land; THENCE North 90 degrees 00 minutes 00 s�conds East, a distance of 100.00 f�et, more or less fio an e11 corner of said calEed 2049 acre tracf of land; THENCE South 00 degrees 00 minutes 00 seconds East, a distance ofi 1,357.D0 fieet, mor� or less, to an el[ corr�er of said cal[ed 2��-9 acre tract af land; THENCE South 00 degrees 24 minutes 00 �econds Eas#, over and across said cafled 2049 acr� fract o€ land, a distance of 2,995.76 fi�ef, more or less ta a point for corr�er an a south line o� said cafled 2049 acre t�ac� of land; TH�NCE South 89 degrees 37 minutes 29 secor�ds West, a distance o# 3,012.55 �€eet, more or fess to an eEl corner of said called 2049 acre tract ofi Eand; THENCE Narth 67 degrees 32 minutes 56 seconds Wes�, a distance of 76.0� feet, more or f�ss to an elf corner of said cal[ed 2449 acre tracf of land; THENCE N�rth 00 degrees 35 m�nutes 55 seconds West, a distance o� 6,OQ2.57, rrtore or less feet to a�oint for the nart�west corner of �.ot 19 of said Faxbane Estates; THENCE Narth 89 degrees 44 minutes 44 secon�s East, a distance of 749.62 feet, more or less fhe norfheasi corner of Lot 20 of said �axbane Estates; THENCE Nor�h 00 degrees 15 mir�utes 32 s�conds Wesfi, a distance of 128.90 feet, rnoTe ar less to a�oint for corner on the south li�e of �aid Range Road; THENCE Narth 88 degrees 45 minutes 28 seconds East, a distance of 899.20 feet, more or less to the POINT OF BEG[NNING AND CONTAINING 18,808,793 square �eet or �-39.i9 aeres of fand, mare or less. "This documenfi was prepared �nder 22 TAC 663.29, daes not reflect fhe results of an on fhe graund survey and is not fo be used to convey or estabiish i�fierest� in real property except thos� rights and interests implisd or established by the creation or reconfiguration of the bfl�andary af the political subdivi�ion �or which it was prepared." EXH�BIT 6 Map and Prop�rty Descriptxon, Tract I 0 �yKAMP LN �- - -- -_ - - . ___t � -- a a m � � � � � � � � � � a � � . y �� ¢��, FM '1384 Q-� �� 4�� 0 � t� � a z 0 Q � M in .� � 1� , � � 9�� ST�B��O DR �.A � � HIL�Sl�ED� � � o � � z � � o �� a rn w � �A�.LEY bR a 72TF! SF � � � �+J L�u � � a � ��n�A� c« w sr�r _�� 1 �,�•:,�T�LI�a�� d Date:4122l2029 Tract � � p 1,500 Feei �i'�.d � . • r j,,, .—, � C bl � "_ '�! IL-,1 ` �a� iRACiI BeEng a tract of land in t�e William Re�d 5urvey, Abstract No. 1 D79, the John L. Higgens Survey, Abstract Na. 584, the J. W. Gorhett Survey, Ahstract No. 474, the William H. Garhett Survey, A�stract No. 475, the William Reed Survey, Abstract No. '[071, the James D. Dailas Survey, Abstract No, 363, THE HePrs of John A. WaiEc�r Survey, Absiract NO. 1367, the J. J. Young Survey, Abstract No. 1445, fil�e Ellen Young Survey, Abstract No. 1�52, the D. C. l.�ntz Survey, Abstract Na. � 644, th� Nathanie! S. Hazletan Survey, A��firac# No. 5A�7, and the William W. Young Survey, A�sfract No. 1444, D�ntan Caunty, Texas, and being a part of that firacf af [ar�� depicted in Exhibit B of Joint R�solution ar�d Interiocal Agreement, Reso[utian No. �012-07-2Q1 � as recorded in Document No. 2011-91874 in fhe Officiaf Records of Denton Gounty, Texas, and being more particularly d�scribed as fol[ows: BEGINNING afi th� intersect�on of said south right-af-way line and the prolongafion of the easfi right-of-way line of Jim Baker Road; THENCE North 00 degrees 08 �inufe� 20 secor�ds East, depar�ing said south rigF�#�of- way Gne, a disfianc� of 2,404.05 feaf, more or ies� to a painf for corn�r on said east right- of way iine; THENCE Nor�h 86 degre�s �8 minutes 53 seconds East, a disfance of 2,119.38 �eet, mare or less to a paint for corner; THENCE Sautn 84 degrees 04� minufes 31 seconds East, a cfEstance of 3,655.82 feet, more or less ta a point far carner; THENCE North 74 degrees 22 minutes 2a seconds East, a distance of 917.2� feet, mor� or iess �o a point for carner; THENCE Souih 7� degrees 58 minut�� i ��conds East, d c�istaTi;� �f 1�1.29 feet, more or Iess to a poinf far corner; THENCE North 78 degr�es �9 minutes 26 secon�s Easf, a disfance af '[,767.90 teet, more or less to a point �n the line of demarcatiar� between the ETJ of the Town of Northlaic� and the ETJ o� the Town af Clark as snown or� Exhibit A-1 � in the Town of Northlake ResoEufion No. 151 on a circular curve ta left, nat b�ing tangent to the preceding course, having a radius ofi 2,640.00 feet, whase chord b�ars South 54 degrees 26 minutes 32 seconds Eas#, a distance of 2,853.4� feet mare or less; THENCE Southeasterly, along said circufar curve to fhe left, through a cenfral ar�gle of 6� degrees 25 minufes 31 seconds, an arc Eengfh of 3,0'[4.58 feet to fhe point of cunrature af a circ�lar curve fo the left, �ot being cornpour�d to the preceding course, F�a�ing a radius of 2,640.Q0 f�et, whose chord bears 5outh 17 degrees 41 minutes 2S seconds West, a distance o� 1,555.31 feet more or less; THENCE 5authwesteriy, along said circular curve to the left, t�rough a central angle of 34 degree� �5 minutes 47 seconds, an arc [ength of 1,�i8.73 feet, mare or fess, to the point of curvature of a circuEar curve to the left, not being compound fio the precedir�g eourse, having a radius of 2,640.Q0 feef, whose chord bears SoutY� 29 cfegrees 19 minut�s 02 �econds Wesf, a distance of 1,311.49 feet mor� or iess; THENCE Southwesterly, alang said circu�ar cur-ve to the feft, through a cenfraf angle of 28 degrees 45 mirmutes 52 seconds, an arc length of1,325.37 feet to a point for corner; THENCE South 8S degrees �T minutes 52 seconds Wesf, a distance of 1,012.55 f�:�t, more or less to the point of curvature of a circular curve to the leff, not being tangent to the preceding course, Y�a�ing a radius of 2,640.OD feet, who�e chord bears North 7� degrees 13 mir�utes 00 seeonds Vllest, a dista�ce ofi 1,674.58 feet; THENCE, along said circufar curve to fh� laft, th�-au�h a central ang[e of 36 degrees 58 mir�utes 55 �econds, an arc length of 1,704.a� feet, more or �ess to a point for corn�r; THENCE North 88 degrees 42 minutes 28 seconds V11esf, a distanc� of �,559.59 feet to fh� point of curvafura af a circuiar curve to the left, having a radius ofi 2,6�a.00 feet, whose chord bears South 64 degrees 58 minutes 12 seconds West, a distance of 2,341.27 feet, mor� ar less; THENCE Sauthwesferly, along said circular curve fio the feft, throug� a c�ntral angle of 52 degrees 3$ minutes 4'[ seconds, ar� arc fength of 2,425.7� feet to the point of curvafure of a circular curve fo fihe left, not beirtg com�ound to the pr�ceding course, having a radius of 2,640.OQ feet, whose c�ord bears Soufih 53 degrees 30 minutes 13 secands West, a distance of 2,728.53 feet, more or fess; - THENCE Southwesterly, along said circular curve to the left, fhrough a central angle of 62 degrees 13 minutes 52 seconds, an arc length of 2,867.41 feet, mare or less to a point for corner; THENCE Sout� 89 degrees 54 minutes 00 seconds West, a�istanee of 304.63 feet, more or le�s to a poinfi for corner; THENCE North 01 degrees 55 minutes 59 seconds Wesfi, a distance of 3,638.95 feet, more or less to a poir�t for carner; THENCE �auth 89 d�grees 43 minutes 02 seconds West, a dista�ce of 8�9.03 feet, more or less to the POINT OF BEGINMNG AND CONTA�NfNG 38,987,457 squar� feet or 895A3 acres of land, more or less. "This docum�nt was prepared under 22 TAC 663.21, daes not reflec� the results af ar� on the grour�d s�arvey, and is not to be used to convey or �s#abfish interests in real property except tho�e rights and interests implie� or establi�hed by the creation or reconfEguratian of ihe boundary of the political s�bdiv�sion for wi�ich it was prepared." EXHIBIT � 3 Secfiion 13.248 Aglceement Fo�m TEXAS WATER CODE SECT�ON 13.�48 WATER CCN T]2ANSFER AGREEMENT This WATER CCN TRANSFER AGREEM.ENT ("Agreement") is made and entered inta by and between the City of Justzz�, a Type A General Law inunicipality in Denton County, Texas {"Justin") and ihe City af Northlake, a Type A Gen.ez-al Law municipality in Denton County, Texas ("Nortl�Iake") as of the date this Agreement is fully executed (the "Effective Dafie"). Justin and Northlake are each, a"Party," and are callecii�ely, the "Parties." WHEREAS, Justin is the holder of water Ceriificate of Conveniei�ce and Necesszty ("CCN") No. 10167, the boundaz'ies of which are within Denton County, Texas; ar�c� WHEREAS, Northlalce is �khe holder of water CCN No. 1291 S, the 6oundaries of which are within Den�an County, Te�as; and WIIEREAS, Texas Water Code ("TWC') Section l 3.2�-8 aufihorizas contracts between retail public uiilities designating areas and custozxaexs to be serv�d by those retaif pubIic utilities, �when approved by the Public Utility Commission of Texas (the "PUC') after public notice and l�earing; azad WHEREAS, the Pa�-�ies' water CCN baundaries are adjacent to each other in certain locatians; arid WHEREAS, th� Pa�-�ies desire that (Justin oY NorthlakeJ transfer to CNorthlake or Justin�J a partion of its waier CCN coi�sistz�ng o£_ acres ino�e specifically shown in Exhibit "A" and inore particularIy described in Exhibit "B" (the "Transfer Tract"j both of which E�hibits are attac�ed herefio and incorporated herein �or alI purposes; and WHER�AS, there a�•e no custaners ar faczlities Iocafied in t1�e Transfer Trac#. Now Therefare, in considerafion oFthe mut�tal rights and obligatians set forth herein, and other gaod and valuable consideration the receipt and sufficiency o�which are hereby acknowledged, the Parties agree as %llows: 1. Purnose. This Agreement shalI be a contract de�ignatir�g areas and customers #o be served by the Parties in accordance with TWC Section 13.248. 2. Trans�er o�the Transfer Tract. Subject to the approval af the PUC, fJustin or Northlake] transfers a.nd canveys to �1ltorihlake or Justin], and �Northlake o� JustinJ accepts from �Justan or Northlake] the Transfer Tract, and the Parties agree to the modif cation of their respective water CCN boundaries accordingly. There are no customers or facilities located on ihe Transfer Tract and tl�erefare none are being transferrad. 3. Payrnent of Costs. As the transferee Party, �Northlake or Justin] agrees to assume responsibility for filing an application at the PUC, submitting all necessary supporting documents, and paying alI associated costs to effect�aate the tra.ns%r of the Transfer Tract as conteznplafed herein. lJusiirz or Northlake] agrees to cooperate with �117orthlake or JustinJ in advancing such appl'rcation{s) toward final approval by the PUC. 4. No Cantinuin Obli ation of Service. Upon 1'UC approval oFthe appiicaiion(s) ta trans%r the Trar�sfer Tract from (Justin o� 1�Torthlake] to fNo�thlake or Justin], CJustin or NoYthlake] shall have no further obligation to pxovide retail water service to the Trans�er Tract. 5. Non-Substantive Mat�nin�Cha�a�es. Non-substanirve corrections or ch:anges may be made to the boundaries of ihe Trans�e�r Tract on fihe official CCN maps of the �'UC in order to effectuate the purposes of this Agreemen�. 6. Enforceabilitv. This Agreement canstituies the legal, valid and binding obligation of eack� Party hereto and is enforceable iri accordance with its terrns, and thai each Party is entezing into this Agreement in re�iance upon t�e enforceabiIity of this Agreement. 7. Applicable Law. This Agreement shall be govezned by, and construed in accordance with, the laws of the State of Te�as. The venue for any action to enforce the tertns and conditions o� this Agreement shall be in Denton County. Any administrative law action braught to enforce or construe the terms and conditions hereof, or to enjoin or require the performance oi any act in connection herewith, shall be brought at ihe PUC or its successor agency. 8. Amendment. Tk�is Agreemen� may not be amended or tez-x�ninated except by an insitumeni signed by all Partiss to this Agreement. 9. Assi�nment and Successors. This Agreement sha�l bind the Parties and their Iegal successars, but shall not otherwise be assignable by any Party, except r�vifh the prior w�ritten consent o� the other Par�y. 10. Natices. All noiices provided pursuant to this Agreement shall be in writizag and sent by facsimile and/or first-class pos�age pr�paid and addressed to the Party and to the Party's designated repr�sentative as follows: City of Justin Attn: City Manager P.O. Box 129 Justin, TX 76247 Town of Northlake Attn: City Manager 150� Commons Circle, Ste. 300 Northlake, TX 76226 Any Pa�y may change the designated representative ar address for receipt of notice by providing notice in writing in accordance with this paragraph ta the other Parties. 11. Se�erabilitv. In the event one or inore of the provisions in this Agreement shall far any reason be held #o be invalid, illegal or otherwise unenforceable, such invalidity, iilegality ar unenforcea�ility shall not affect any other provision hezeof and this Agreement shall b� construed as if such invalid, illegal or unenforceable provision �ad never been coniained �Zerein. � 2. Recitals. The reciials cantained herein are true and corr�et and are incorparated into this Agreement %r a�l purposes. 13. Authority. The Parties represent and warrant that t�e individuals narned below are duly authorized to execute this Agreei�nent on behalf of their respective �'arty. 14. Counterparts. This Agreement rr�ay be executed in one or more counteiparts, each o�which shall be deerr�ed an original, but all of which together shall canstitute one and the same ag�•eement. IN WITNESS WHEREOF, the Parties hereto enter inio this Agreement wi�h an �ffecti�e Date as of the lat�st date of the signatures of their respeciive autharized representatives below. Ciiy of Just�n : title] Town of Northlake : Date: Date: � title]