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HomeMy WebLinkAboutResolution 3706-01-2009A Resolution NO. 3706-1-2009 CONCERNING DISSOLUTION BY TARRANT COUNTY OF THE RESORT ON EAGLE MOUNTAIN LAKE PUBLIC IMPROVEMENT DISTRICT AND CREATION BY TARRANT COUNTY OF TWO NEW PUBLIC IMPROVEMENT DISTRICTS TO FINANCE PUBLIC INFRASTRUCTURE AND PUBLIC IMPROVEMENTS FOR THE RESORT ON EAGLE MOUNTAIN LAKE DEVELOPMENT WHEREAS, The Resort on Eagle Mountain Lake is a residential and recreational development in the City of Fort Worth's extraterritorial jurisdiction; and WHEREAS, by resolution adopted November 25, 2003, the Tarrant County Commissioners Court created The Resort on Eagle Mountain Lake Public Improvement District encompassing approximately 369 acres within The Resort on Eagle Mountain Lake, in order to finance public improvements to serve the project with bond proceeds secured by special assessments, at an estimated cost of $27,000;000 (the "Original PID"); and WHEREAS, the City of Fort Worth did not object to creation of the Original PID; and WHEREAS, the Original PID was, comprised of a 27-acre island and a noncontiguous 342-acre tract; and WHEREAS, The Resort at Eagle Mountain Lake, L.P., Resort Partners Villas, L.L.C and the Resort Golf Club, L.P. intend to request that the Tarrant County Commissioners Court dissolve the Original PID and create two new PIDs (the "New PIDS") which will contain a smaller geographic area and will finance fewer improvements than the Original PID; and WHEREAS, the New PIDs will consist of a PID encompassing the approximately 27- acre island described in Exhibit A, which will fund public improvements estimated to cost approximately $2,860,000, and a PID encompassing approximately 238 acres described in Exhibit B, which will fund public improvements estimated to cost approximately $10,780,000; and WHEREAS, the New PIDS will (a) pay the costs incurred in the establishment, administration, and operation of the New PIDs and costs of bond issuance; and (b) finance public improvement projects authorized by Chapter 372 of the Texas Local Government Code, as amended, that are necessary for development of the property within the New PIDs, which public improvements will include landscaping; acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or streets, any other roadways, or their rights-of- way; acquisition, construction, or improvement of drainage facilities or improvements; projects similar to those listed above, specifically including the following: curbs and gutters, storm drain improvements, retaining walls (excluding retaining walls around canals), bridges, dredging, canal lot drainage systems, clearing, grading, and excavation work, and improvements such as monumentation and fountains at entries to the property within the New PIDs; and acquisition, by purchase or otherwise, of real property in connection with an authorized improvement (collectively, the "Authorized Improvements"); and WHEREAS, the City of Fort Worth will have no financial obligations for obligations incurred by the New PIDs, either before or after annexation by the City of Fort Worth of some or all of the property within the New PIDs; and WHEREAS, Section 372.003(d) of the Texas Local Government Code allows a county to create a public improvement district in a municipality's extraterritorial jurisdiction unless the municipality objects to the establishment of the public improvement district within thirty (30) days of the county's action; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: That the City Council has no objection to dissolution of the Original PID and creation of the New PIDs by the Tarrant County Commissioners Court, provided that the New PIDs may fund only the Authorized Improvements at a cost not to exceed $14,000,000, as well as the costs incurred in the establishment, administration, and operation of the New PIDs and costs of bond issuances, with the express understanding that the City of Fort Worth will have no financial obligations incurred by the New PIDs, either before or after annexation by the City of Fort Worth of some or all of the property within the New PIDs. .k ADOPTED this 13th day of January 2009. y*~5' u' ~, ~ '~ is ~~ ~. t ..r.,_, a - ! y I~ G l I I 1 FATTEST: ~ -~`,~ .,~ -~ ~; JpN 't a 200 n '~ Y ~~ ~ } '~ " - V1y*~h r ~\ n C ,bY^~_ r_ n 1 ~' {. ! i~c ''City Secretary. ^~+'+~ Gt' ~ ~~s , ~~~iazq of the '*~ *_,~ . "~'~ ~`' Cit}~ as t ~; ~ V1lorth, Texas .„ ,. t Exhibit A BEING a tract of land out of the Thomas Robinson Survey, Abstract No. 1309, and comprising a tract of land known as Tract IV conveyed to The Resort at Eagle Mountain Lake, L.P. as recorded in Volume 13558, Page 499 of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the most northerly corner of said Tract IV, said point being on the contour elevation line of 649.00 feet; THENCE along said 649.00 contour elevation line, the following courses and distances: South 88 degrees 34 minutes OS seconds East, a distance of 47.30 feet; South 42 degrees 13 minutes 00 seconds East, a distance of 34.12 feet; South 40 degrees 06 minutes 34 seconds East, a distance of 60.79 feet; South 54 degrees 39 minutes 22 seconds West, a distance of 122.16 feet; South 54 degrees 39 minutes 22 seconds West, a distance of 122.16 feet; South 48 degrees 35 minutes 58 seconds West, a distance of 111.83 feet; South 39 degrees 49 minutes 57 seconds East, a distance of 19.00 feet; South 65 degrees l9 minutes 36 seconds East, a distance of 52.18 feet; South 33 degrees 40 minutes 37 seconds East, a distance of 43.01 feet; South 04 degrees 31 minutes 50 seconds West, a distance of 77.37 feet; South 43 degrees 00 minutes 59 seconds East, a distance of 14.84 feet; South 53 degrees OS minutes 36 seconds East, a distance of 75.63 feet; South 42 degrees 54 minutes 28 seconds East, a distance of 75.76 feet; South 48 degrees 48 minutes 11 seconds East, a distance of 92.25 feet; South 85 degrees 41 minutes 25 seconds East, a distance of 118.96 feet; North 67 degrees 14 minutes 35 seconds East, a distance of 109.91 feet; North 79 degrees 09 minutes 16 seconds East, a distance of 50.89 feet; South 75 degrees 44 minutes 21 seconds East, a distance of 56.62 feet; South 70 degrees 36 minutes 23 seconds East, a distance of 66.88 feet; South 67 degrees 07 minutes 44 seconds East, a distance of 41.50 feet; South 46 degrees 00 minutes 34 seconds East, a distance of 66.99 feet; South 50 degrees 04 minutes 15 seconds East, a distance of 65.21 feet; South 08 degrees 13 minutes 40 seconds East, a distance of 43.52 feet; South 11 degrees 15 minutes 09 seconds West, a distance of 52.53 feet; South 48 degrees 57 minutes 11 seconds West, a distance of 62.06 feet; South 38 degrees 21 minutes 52 seconds West, a distance of 86.26 feet; South 20 degrees 35 minutes 17 seconds West, a distance of 39.01 feet; South 24 degrees 29 minutes 53 seconds East, a distance of 31.37 feet; South 17 degrees 34 minutes 56 seconds West, a distance of 18.31 feet; South 38 degrees 03 minutes 09 seconds West, a distance of 67.65 feet; Exhibit A -Page 1 DALLnS-1 139583 v3 1284941-00016 South 59 degrees 38 minutes O1 seconds West, a distance of 76.86 feet; South 62 degrees 07 minutes 54 seconds West, a distance of 89.14 feet; South 41 degrees 22 minutes 53 seconds West, a distance of 68.16 feet; South 30 degrees 08 minutes 51 seconds West, a distance of 98.10 feet; South 22 degrees ] 1 minutes 30 seconds West, a distance of 82.55 feet; South 45 degrees 53 minutes 06 seconds West, a distance of 82.40 feet; South 73 degrees 42 minutes 18 seconds West, a distance of 51.10 feet; South 77 degrees 54 minutes 26 seconds West, a distance of 24.75 feet; North 88 degrees 51 minutes 55 seconds West, a distance of 29.15 feet; North 52 degrees 20 minutes 43 seconds West, a distance of 36.80 feet; North 51 degrees 13 minutes 48 seconds West, a distance of 46.32 feet; North 68 degrees 38 minutes 09 seconds West, a distance of 36.83 feet; South 68 degrees 27 minutes 08 seconds West, a distance of 61.24 feet; South 80 degrees 11 minutes 49 seconds West, a distance of 37.65 feet; North 68 degrees 36 minutes 34 seconds West, a distance of 30.82 feet; North 32 degrees 17 minutes 54 seconds West, a distance of 42.03 feet; North 42 degrees 39 minutes O1 seconds West, a distance of 15.07 feet; North 89 degrees 38 minutes 55 seconds West, a distance of 29.05 feet; South 40 degrees 25 minutes 25 seconds West, a distance of 12.81 feet; South 78 degrees 38 minutes 56 seconds West, a distance of 26.64 feet; North 60 degrees 54 minutes 24 seconds West, a distance of 25.19 feet; North 28 degrees 36 minutes 26 seconds West, a distance of 52.42 feet; South 66 degrees 57 minutes 58 seconds West, a distance of 85.30 feet; South 10 degrees 55 minutes 10 seconds West, a distance of 79.71 feet; South 59 degrees 14 minutes 22 seconds West, a distance of 99.96 feet; South 67 degrees 35 minutes 32 seconds West, a distance of 63.30 feet; South 79 degrees 25 minutes 56 seconds West, a distance of 52.80 feet.; North 63 degrees 52 minutes 27 seconds West, a distance of 52.80 feet; North 43 degrees 02 minutes 57 seconds West, a distance of 57.56 feet; North 13 degrees 18 minutes 12 seconds West, a distance of 36.98 feet; North 03 degrees 07 minutes 57 seconds East, a distance of 46.64 feet; North 08 degrees 38 minutes 55 seconds East, a distance of 58.83 feet; North OS degrees 39 minutes 46 seconds East, a distance of 73.30 feet; North l 5 degrees 51 minutes 23 seconds West, a distance of 110.28 feet; North 25 degrees 22 minutes 02 seconds West, a distance of 138.53 feet; North l7 degrees 59 minutes 54 seconds West, a distance of 94.58 feet; North 13 degrees 14 minutes 34 seconds West, a distance of 88.51 feet; North 19 degrees 38 minutes 00 seconds East, a distance of 91.91 feet; North 08 degrees 35 minutes 45 seconds East, a distance of 100.54 feet; North 14 degrees 39 minutes 49 seconds East, a distance of 73.97 feet; North 43 degrees 54 minutes 02 seconds East, a distance of 93.08 feet; North 27 degrees 50 minutes 47 seconds East, a distance of 133.15 feet; South 27 degrees 31 minutes 04 seconds East, a distance of 22.20 feet; Exhibit A -Page 2 DALLAS-I 13983 v3 1284941-00016 North 54 degrees 24 minutes 47 seconds East, a distance of 17.19 feet; North 68 degrees 19 minutes 54 seconds East, a distance of 54.22 feet; North 24 degrees 58 minutes 29 seconds East, a distance of 16.36 feet; South 82 degrees 39 minutes 45 seconds East, a distance of 30.22 feet; North 18 degrees 04 minutes 50 seconds East, a distance of 27.76 feet; North 40 degrees 30 minutes 47 seconds East, a distance of 38.36 feet; North 63 degrees 41 minutes 28 seconds East, a distance of 86.79 feet; North 61 degrees 33 minutes 14 seconds East, a distance of 116.62 feet; North 39 degrees 45 minutes 24 seconds East, a distance of 52.00 feet; North 68 degrees 12 minutes 21 seconds East, a distance of 75.00 feet; North 33 degrees 44 minutes 46 seconds East, a distance of 3.12 feet; '1'}-I1~NCE North 73 degrees 26 minutes 03 seconds East, continuing along said 649.00 elevation contour line, a distance of 120.01 feet to the POINT OF BEGINNING and containing 1,198,135 square feet or 27.5054 acres of land, more or less. Exhibit A -Page 3 DALLAS-I 139583 v3 1284941-00016 Exhibit B BEING a tract of land situated in the M.E.P. & R.R. Co. Survey, Abstract No. 1120, the J. Wilcox Survey, Abstract No. 1722, and the Thomas Robinson Survey, Abstract No. 1309, and being a part of that tract of land as described in deed to The Resort at Eagle Mountain Lake, L.P., as recorded in Volume 13521, Page 368 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), all of the nine tracts of land known as Tracts 1, 2, 3, 4, 5, 6, 7, 8, and 9 as described in deed to The Resort Golf Club, L.P., as recorded in Tarrant County Clerk Document No. D204154779, D.R.T.C.T., and being all of those tracts of land as described in deeds to The Resort at Eagle Mountain Lake, LP, as recorded in Tarrant County Clerk Document No. D206204194, D206204195, D206204196 and D207332721, D.R.T.C.T., and being a part of that tract of land as described in deed to The Resort Golf Club, L.P., as recorded in Tarrant County Clerk Document No. D207305492, D.R.T.C.T., and being all of the following recorded plats; The Resort on Eagle Mountain Lake Addition, Cabinet A, Slide 11831 P.R.T.C.T. The Resort on Eagle Mountain Lake Addition, Cabinet A, Slide 12174 and 12175 P.R.T.C.T., The Resort on Eagle Mountain Lake Addition, Cabinet A, Slide 12409 P.R.T.C.T., and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch found iron rod with yellow cap stamped "Halff Associates Inc." for the northeast corner of Block 12 of The Resort on Eagle Mountain Lake Addition, Blocks 9-12, and 14-16, as recorded in Cabinet A, Slide 8612 and 8613 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.} and the northwest corner of said Tract 7; THENCE North 89 degrees 15 minutes 54 seconds East, a distance of 343.67 feet to a point for corner; THENCE South 16 degrees 31 minutes 24 seconds East, a distance of 228.23 feet to a point for corner; THENCE North 74 degrees 21 minutes 38 seconds East, a distance of 112.01 feet to a point for corner being on the west right of way line of Morris-Dido-Newark Road; THENCE South 16 degrees 31 minutes 24 seconds East, along said west right of way line, a distance of 443.65 feet to a point on a circular curve to the right, having a radius of l ,870.00 feet, whose chord bears South 11 degrees 41 minutes 24 seconds East, a distance of 307.22 feet; THENCE Southeasterly, continuing along said west right of way line and along said circular curve through a central angle of 09 degrees 25 minutes 25 seconds, an arc length of 307.57 feet to a point for corner; Tl-IENCE South 07 degrees 02 minutes 51.42 seconds East, continuing along said west right of way line, a distance of 1,449.26 feet to a point for corner; Exhibit B -Page 1 DALLAS-I 139583 v3 1284941-00016 TI-IENCE departing said west right of way line of Morris-Dido-Newark Road and along the centerline of Gilmore Branch Creek the following courses and distances: South 54 degrees 36 minutes 56 seconds West, a distance of 81.01 feet; South 84 degrees 37 minutes 37 seconds West, a distance of 45.54 feet; North 49 degrees 25 minutes 36 seconds West, a distance of 53.59 feet; South 89 degrees 18 minutes 16 seconds West, a distance of 155.46 feet; North 85 degrees 45 minutes 36 seconds West, a distance of 88.96 feet; South 82 degrees 35 minutes 09 seconds West, a distance of 62.44 feet; South 60 degrees 49 minutes 38 seconds West, a distance of i 19.84 feet; South 20 degrees 48 minutes 15 seconds West, a distance of 38.78 feet; THENCE North 66 degrees 24 minutes 48 seconds West, departing the centerline of Gilmore Branch and along the common line between south line of said Tract 8 and the north line of said Tract 9, a distance of 172.07 feet to a point for corner; THENCE South 28 degrees 06 minutes 06 seconds West, departing said common line, over and across said Tract 9, a distance of 135.35 feet to a point for corner; THENCE South 73 degrees 24 minutes 18 seconds West, continuing across Tract 9, a distance of 503.81 feet to a point for corner; THENCE North 33 degrees 45 minutes 14 seconds West, continuing across Tract 9, a distance of 227.80 feet to a point for corner; "I~HENCE North 22 degrees 06 minutes 03 seconds West, continuing across Tract 9, a distance of 134.75 feet to a point for corner; TI-IENCE North 78 degrees 43 minutes 52 seconds West, continuing across Tract 9, a distance of 223.28 feet to a point for corner; THENCE South 51 degrees 00 minutes 27 seconds West, continuing across Tract 9, a distance of 313.26 feet to a point for corner; THENCE South 37 degrees 47 minutes 60 seconds West, continuing across Tract 9, a distance of 199.77 feet to a point for corner being on the common line between said Tracts 8 and 9; TI-IENCE South 89 degrees 25 minutes 36 seconds West, continuing along said common line, passing the common corner of Tracts 8 & 9 at a distance of 330.97 and continuing in all, a distance of 355.29 feet to a point for corner; Exhibit B -Page 2 DALLAS-1139583 v3 1284941-00016 THENCE North 00 degrees 47 minutes 24 seconds West, over and across said Tract 9, a distance of 534.72 feet to a point for corner; THENCE North 58 degrees 41 minutes 55 seconds East, continuing across Tract 9, a distance of 222.85 feet to a point for corner on said common line; THENCE North O1 degrees 38 minutes 51 seconds East, along said common line, a distance of 350.00 feet to a point for corner; THENCE North 56 degrees 27 minutes 38 seconds West, continuing said common line, a distance of 169.07 feet to a point for corner; T14ENCE North 36 degrees 11 minutes 18 seconds West, departing said common line, a distance of 219.70 feet to a point for corner on the west line of said Tract 9; Tl-IENCE North 00 degrees 47 minutes 24 seconds West, along said west line, a distance of 268.50 feet to a point far corner in the south line of said Tract 2; TI~ENCE South 89 degrees 50 minutes 36 seconds West, along said south line, a distance of 717.60 feet to a point for corner; THENCE continuing along said south line and along the contour elevation line of 649.00 feet, the following courses and distances: North 69 degrees 03 minutes 54 seconds West, a distance of 76.10 feet; North $0 degrees 33 minutes 52 seconds West, a distance of 62.14 feet; South 88 degrees 06 minutes 36 seconds West, a distance of 50.69 feet; South $1 degrees 06 minutes 48 seconds West, a distance of 46.69 feet; South 56 degrees 26 minutes 15 seconds West, a distance of 56.10 feet; 111-IENCE South 89 degrees 28 minutes 36 seconds West, departing said 649.00 contour elevation line and continuing along said south line, a distance of 157.74 feet to a point for the southwest corner of said Tract 2; 'I~HENCE North 00 degrees 36 minutes 11 seconds West, a distance of 141.16 feet to a point for corner; THENCE along the contour elevation line of 649.00 feet, the following courses and distances: North 82 degrees 20 minutes 13 seconds East, a distance of 13.76 feet; North 49 degrees 21 minutes 55 seconds East, a distance of 194.50 feet; North 31 degrees 26 minutes 39 seconds East, a distance of 95.38 feet; Exhibit B -Page 3 DALLAS-1139583 v3 1284941-00016 North 60 degrees 26 minutes 36 seconds East, a distance of 30.00 feet; South 85 degrees 33 minutes 20 seconds East, a distance of 142.00 feet; North 74 degrees 33 minutes 21 seconds West, a distance of 114.00 feet; North 47 degrees 33 minutes 20 seconds West, a distance of 50.00 feet; North 06 degrees 15 minutes SS seconds West, a distance of 151.92 feet; North 52 degrees 08 minutes 26 seconds West, a distance of 359.40 feet; South 74 degrees 26 minutes 40 seconds West, a distance of 354.00 feet; South 36 degrees 26 minutes 35 seconds West, a distance of 40.00 feet; North 75 degrees 33 minutes 18 seconds West, a distance of 118.00 feet; North 25 degrees 33 minutes 20 seconds West, a distance of 142.00 feet; North 38 degrees 26 minutes 42 seconds East, a distance of 70.00 feet; North 03 degrees 33 minutes 21 seconds West, a distance of 102.00 feet; North 29 degrees 07 minutes 53 seconds West, a distance of 118.07 feet; North 14 degrees 18 minutes 20 seconds West, a distance of 150.00 feet; North 29 degrees 33 minutes 20 seconds West, a distance of 40.00 feet; North 66 degrees 53 minutes 20 seconds West, a distance of 90.00 feet; North 32 degrees 18 minutes 20 seconds West, a distance of 50.00 feet; North OS degrees 56 minutes 40 seconds East, a distance of 60.00 feet; North 65 degrees 56 minutes 40 seconds East, a distance of 30.00 feet; North 00 degrees 18 minutes 20 seconds West, a distance of 60.00 feet; North 47 degrees 34 minutes 08 seconds East, a distance of 39.56 feet; North 77 degrees 31 minutes 14 seconds East, a distance of 81.61 feet; South 29 degrees 48 minutes 37 seconds East, a distance of 16.40 feet; South 85 degrees 06 minutes 53 seconds East, a distance of 14.00 feet; North 35 degrees 29 minutes 20 seconds East, a distance of 41.59 feet; North 09 degrees 16 minutes 43 seconds West, a distance of 8.31 feet; North 57 degrees 02 minutes 40 seconds East, a distance of 58.00 feet; North 81 degrees 18 minutes 30 seconds East, a distance of 92.20 feet; North 56 degrees 31 minutes 41 seconds East, a distance of 29.79 feet; North 35 degrees 28 minutes 11 seconds East, a distance of 68.88 feet; South 80 degrees 35 minutes 18 seconds West, a distance of 36.23 feet; South 30 degrees 33 minutes 23 seconds West, a distance of 43.92 feet; South 66 degrees 42 minutes 52 seconds West, a distance of 32.70 feet; South 81 degrees 39 minutes 41 seconds West, a distance of 104.22 feet; South 76 degrees 50 minutes 02 seconds West, a distance of 105.85 feet; North 63 degrees 58 minutes 06 seconds West, a distance of 32.90 feet; South 77 degrees 38 minutes 11 seconds West, a distance of 61.25 feet; North 69 degrees 49 minutes 14 seconds West, a distance of 178.90 feet; North 47 degrees 08 minutes 33 seconds West, a distance of 226.23 feet; North 56 degrees 10 minutes OS seconds West, a distance of 9.02 feet; North 00 degrees 24 minutes 20 seconds West, a distance of 93.34 feet; North 67 degrees O1 minute 44 seconds West, a distance of 30.95 feet; North 43 degrees O1 minute 58 seconds East, a distance of 41.24 feet; DALI..AS-I 139583 v3 1284941-00016 Exhibit B -Page 4 North 82 degrees 11 minutes 53 seconds East, a distance of 85.23 feet; South 59 degrees 58 minutes 20 seconds East, a distance of 80.20 feet; North 31 degrees OS minutes 39 seconds West, a distance of 22.91 feet; North 67 degrees 10 minutes 41 seconds East, a distance of 21.27 feet; North 72 degrees 31 minutes 31 seconds West, a distance of 55.80 feet; North 43 degrees 49 minutes 50 seconds West, a distance of 24.84 feet; North OS degrees 27 minutes 22 seconds West, a distance of 41.02 feet; South 32 degrees 58 minutes 40 seconds West, a distance of 44.95 feet; North 81 degrees 44 minutes 07 seconds West, a distance of 19.19 feet; North 15 degrees 57 minutes 20 seconds West, a distance of 35.86 feet; South 69 degrees 39 minutes OS seconds West, a distance of 36.97 feet; North 72 degrees 24 minutes 23 seconds West, a distance of 24.05 feet; South 72 degrees 26 minutes 40 seconds West, a distance of 50.00 feet; North 63 degrees 33 minutes 20 seconds West, a distance of 78.27 feet; South 46 degrees 47 minutes 59 seconds West, a distance of 63.67 feet; North 60 degrees 33 minutes 20 seconds West, a distance of 218.00 feet; North 42 degrees 33 minutes 20 seconds West, a distance of 193.00 feet to a point for corner of the Final Plat of The Resort on Eagle Mountain Lake Addition, recorded in Cabinet A, Slide 12174 and 12175 P.R.T.C.T.; "THENCE the along the 649.00 contour and the west and north lines of said Cabinet A, Slide 12174 and 12175 Final Plat; North 72 degrees 33 minutes 20 seconds West, a distance of 80.00 feet; North 57 degrees 33 minutes 20 seconds West, a distance of 100.00 feet; North 82 degrees 33 minutes 20 seconds West, a distance of 40.00 feet; North 11 degrees 26 minutes 40 seconds East, a distance of 45.00 feet; North 79 degrees 26 minutes 40 seconds East, a distance of 65.00 feet; South 46 degrees 33 minutes 20 seconds East, a distance of 70.00 feet; North 76 degrees 26 minutes 40 seconds East, a distance of 60.00 feet; North 29 degrees 26 minutes 40 seconds East, a distance of 140.00 feet; North 34 degrees 07 minutes 40 seconds East, a distance of 87.60 feet; North 14 degrees 26 minutes 40 seconds East, a distance of 110.00 feet; North 08 degrees 33 minutes 20 seconds West, a distance of 100.00 feet; North 27 degrees 33 minutes 20 seconds West, a distance of 130.00 feet; North 17 degrees 32 minutes 55 seconds West, a distance of 130.18 feet; North 12 degrees 33 minutes 20 seconds West, a distance of 159.82 feet; North 38 degrees 33 minutes 20 seconds West, a distance of 30.00 feet; North 66 degrees 50 minutes 20 seconds West., a distance of 138.80 feet; North 46 degrees 33 minutes 20 seconds West, a distance of 70.00 feet; South 22 degrees 26 minutes 40 seconds West, a distance of 40.00 feet; South 63 degrees 26 minutes 40 seconds West, a distance of 30.00 feet; North 52 degrees 33 minutes 20 seconds West, a distance of 110.00 feet; Exhibit B -Page 5 DALLnS-I 139583 v3 1284941-00016 North 33 degrees 33 minutes 20 seconds West, a distance of 120.75 feet; North 04 degrees 42 minutes 04 seconds East, a distance of 104.87 feet; North 03 degrees 12 minutes 08 seconds West, a distance of 213.12 feet; North 20 degrees 46 minutes 42 seconds East, a distance of 114.33 feet; North 31 degrees 45 minutes 18 seconds East, a distance of 46.19 feet; North 56 degrees 33 minutes 27 seconds East, a distance of 75.68 feet; North 11 degrees 33 minutes 20 seconds West, a distance of 109.78 feet; North 25 degrees 26 minutes 40 seconds East, a distance of 67.00 feet; South 63 degrees 33 minutes 20 seconds East, a distance of 153.00 feet; South 42 degrees 26 minutes 40 seconds West, a distance of 70.00 feet; South 26 degrees 33 minutes 20 seconds East, a distance of 39.00 feet; South 61 degrees 33 minutes 20 seconds East, a distance of 73.00 feet; South 26 degrees 33 minutes 20 seconds East, a distance of 412.00 feet; South 43 degrees 33 minutes 20 seconds East, a distance of 98.00 feet; South 71 degrees 33 minutes 20 seconds East, a distance of 29.90 feet; North 90 degrees 00 minutes 00 seconds East, a distance of 48.60 feet; South 72 degrees 42 minutes 39 seconds East, a distance of 64.60 feet; South 07 degrees 25 minutes 41 seconds East, a distance of 63.61 feet; South 30 degrees 57 minutes 07 seconds East, a distance of 39.97 feet; North 77 degrees 11 minutes 24 seconds East, a distance of 30.92 feet; North 35 degrees 14 minutes 49 seconds East, a distance of 42.42 feet; South 41 degrees 36 minutes 07 seconds East, a distance of 158.40 feet; South 32 degrees 26 minutes 56 seconds East, a distance of 61.43 feet; North 36 degrees 35 minutes 19 seconds East, a distance of 90.52 feet; North 56 degrees 30 minutes'23 seconds East, a distance of 66.11 feet; North 62 degrees 31 minutes 55 seconds East, a distance of 65.36 feet; THENCE South 85 degrees 06 minutes 03 seconds East, departing said 649.00 contour line and continuing along said north line, a distance of 72.76 feet to a point of curvature of a circular curve to the left, having a radius of 100.00 feet, whose chord bears North 71 degrees 29 minutes 32 seconds East, a distance of 79.45 feet; THENCE Northeasterly, continuing along said north line, along said circular curve through a central angle of 46 degrees 48 minutes 50 seconds, an arc length of 81.71 feet to a point for corner; 'THENCE North 48 degrees OS minutes 07 seconds East, continuing along said north line, a distance of 295.20 feet to a point of curvature of a circular curve to the right, having a radius of 100.00 feet, whose chord bears North 75 degrees 49 minutes 35 seconds Cast, a distance of 93.10 feet; Exhibit B -Page 6 DALLAS-1139583 v3 1284941-000]6 THENCE Northeasterly, continuing along said north line, along said circular curve through a central angle of 55 degrees 28 minutes 57 seconds, an arc length of 96.84 feet to a point for corner; TI-IENCE South 20 degrees 41 minutes 39 seconds West, continuing along said north line, a distance of 59.23 feet to a point for corner; THENCE South 69 degrees 18 minutes 21 seconds East, continuing along said north line, a distance of 25.00 feet to a point for corner on the west right of way line of Lakeside Drive (a variable width right-of--way); THENCE North 20 degrees 41 minutes 39 seconds East, continuing along said north line and along the west right of way line of Lakeside Drive, a distance of 60.00 feet to a point for corner; TI-I]~NCE North 69 degrees 18 minutes 21 seconds West, continuing along said north line and said west right of way line , a distance of 5.00 feet to a point for corner; THENCE North 20 degrees 41 minutes 39 seconds East, continuing along said north line and said west right of way line, a distance of 98.00 feet to a point for corner; TI-IENCE South 69 degrees 18 minutes 21 seconds East, departing said west right of way line and continuing along said north line, over and across said Lakeside Drive right of way, a distance of 85.00 feet to a point for corner; 1'I-IENCE South 20 degrees 41 minutes 39.46 seconds West, departing said north line, a distance of 43.00 feet to a point for corner; TI-IENCE South 69 degrees 18 minutes 21 seconds East, a distance of 37.53 feet to the point of curvature of a circular curve to the left, having a radius of 140.00 feet, whose chord bears North 69 degrees 41 minutes 48 seconds East, a distance of 183.69 feet; Tl-IENCE Northeasterly, along said circular curve through a central angle of 81 degrees 59 minutes 44 seconds, an arc length of 200.35 feet to a point of reverse curvature of a circular curve to the right, having a radius of 120.00 feet, whose chord bears North 84 degrees 35 minutes 12 seconds East, a distance of 198.71 feet, said point being in the north line of said Cabinet A, Slide 12174 and 12175 Final Plat; THENCE Northeasterly, along said north line, along said circular curve through a central angle of 111 degrees 46 minutes 33.61 seconds, an arc length of 234.10 feet to a point of reverse curvature of a circular curve to the left, having a radius of 250.00 feet, whose chord bears South 59 degrees 58 minutes 27 seconds East, a distance of 174.69 feet; Exhibit B -Page 7 DALLAS-I 139583 v3 1284941-00016 THENCE South 80 degrees 25 minutes 23 seconds East, continuing along said north line, a distance of 313.29 feet to the point of curvature of a circular curve to the left having a radius of 250.00 feet, whose chord bears North 70 degrees 50 minutes 10 seconds East, a distance of 240.43 feet; THENCE Northeasterly, continuing along said north line and along said curve, through a central angle of 57 degrees 28 minutes 55 seconds, an arc length of 250.81 feet to the point of tangency; THENCE North 42 degrees OS minutes 43 seconds East, continuing along said north line, a distance of 120.78 feet to the point of curvature of a circular curve to the right, having a radius of 50.00 feet, whose chord bears North 85 degrees 24 minutes 07 seconds East, a distance of 68.59 feet; THENCE Northeasterly, continuing along said north line and along said curve, through a central angle of 86 degrees 36 minutes 49 seconds, an arc length of 75.58 feet to the point of tangency; THENCE South 51 degrees 17 minutes 29 seconds East, continuing along said north line, a distance of 35.22 feet to the point of curvature of a circular curve to the right having a radius of 50.00 feet, whose chord bears South 32 degrees 12 minutes 50 seconds East, a distance of 32.68 feet; THENCE Southeasterly, continuing along said north line and along said curve, through a central angle of 38 degrees 09 minutes 18 seconds, an arc length of 33.30 feet to a point for corner; THENCE South 84 degrees 37 minutes 49 seconds East, continuing along said north line, a distance of 114.53 feet to a point for corner on the west right-of--way line of Palmer Drive (a 60 foot right-of--way), said point being on a curve to the left having a radius of 280.00 feet, whose chord bears South 00 degrees 57 minutes 27 seconds East, a distance of 61.72 feet; Tl-1ENCE Southerly, departing said north line and along said west right-of-way line, through a central angle of 12 degrees 39 minutes 16 seconds, an arc length of 61.84 feet to the point of tangency; THENCE South 07 degrees 17 minutes OS seconds East, continuing along said west right-of-way line, a distance of 33.83 feet to a point for corner; TI-IENCE North 82 degrees 42 minutes 55 seconds East, departing said west right-of- way line, over and across said Palmer Drive, a distance of 60.00 feet to a point for the Exhibit B -Page 8 DnLLAS-1139583 v3 1284941-00016 northwest corner of Lot 48, Block 6R of said Final Plat and being on the east right-of- way line of said Palmer Drive; THENCE South 68 degrees 13 minutes 26 seconds East, departing said east right-of- way line and .along the north line of said Block 6R, a distance of 72.75 feet to a the point of curvature of a circular curve to the left having a radius of 1,095.94 feet, whose chord bears South 72 degrees 09 minutes 55 seconds East, a distance of 150.65 feet; THENCE Southeasterly, continuing along said south line and along said curve, through a central angle of 07 degrees 52 minutes 57 seconds, an arc length of 150.77 feet to a point for the northeast corner of said Block 6R, said point being the northwest corner of said Tract 1; THENCE South 07 degrees 17 minutes OS seconds East, along the west line of said Tract 1, a distance of 190.74 feet to the point of curvature of a circular curve to the right, having a radius of 960.00 feet, whose chord bears South O1 degrees 39 minute 11 seconds West, a distance of 298.30 feet; TI-IENCE Southwesterly, continuing along said west line and along said curve, through a central angle of 17 degrees 52 minutes 33 seconds, an arc length of 299.51 feet to the point of tangency; '1,HENCE South 10 degrees 35 minutes 28 seconds West, continuing along said west line, a distance of 340.87 feet to a point of a circular curve to the right, having a radius of 1,230.00 feet, whose chord bears South 17 degrees 35 minutes 53 seconds West, a distance of 300.10 feet; THENCE Southwesterly, continuing along said west line and along said circular curve through a central angle of 14 degrees 00 minutes 51 seconds, an arc length of 300.85 feet to a point for corner; THENCE South 26 degrees 00 minutes 47 seconds West, continuing along said west line, a distance of 555.74 feet to a point for corner; THENCE South 46 degrees 07 minutes 38 seconds West, continuing along said west line, a distance of 145.68 feet to a point for corner; THENCE South 26 degrees 03 minutes 13 seconds West, continuing along said west line, a distance of 837.44 feet to a point for corner on the north line of the Final Plat of The Resort on Eagle Mountain Lake Addition, as recorded in Cabinet A, Slide 11831 P.R.T.C.T..; Exhibit B -Page 9 DnLLAS-I 139583 v3 1284941-00016 THENCE North 63 degrees 56 minutes 47 seconds West, departing said west line and along the north line of said Final Plat, a distance of 210.00 feet to a point for corner; THENCE South 26 degrees 03 minutes 13 seconds West, along the west line of said Final Plat, a distance of 54.96 feet to a point of a circular curve to the right, having a radius of 50.00 feet, whose chord bears South 75 degrees 52 minutes 19 seconds West, a distance of 76.40 feet; THENCE Southwesterly, continuing along said west line, along said circular curve through a central angle of 99 degrees 38 minutes 12 seconds, an arc length of 86.95 feet to a point for corner on the north right of way line of Resort Blvd. (60.0' right of way); THENCE South 35 degrees 41 minutes 25 seconds West, continuing along said west line, over and across Resort Boulevard, a distance of 60.00 feet to a point for corner on the south right of way line of said Resort Boulevard; TIIF_,NCE South 54 degrees 18 minutes 35 seconds East, along the south line of said Final Plat and along said south right of way line, a distance of 6.13 feet to a paint for corner; Z'I-IENCE South 07 degrees l4 minutes 58 seconds East, departing said south right of way line and continuing along said south line, a distance of 190.89 feet a point of curvature of a circular curve to the left, having a radius of 870.00 feet, whose chord bears South 65 degrees 44 minutes 25 seconds East, a distance of 385.75 feet; THENCE Southeasterly, continuing along said south line and along said circular curve through a central angle of 25 degrees 37 minutes 03 seconds, an arc length of 388.98 feet to a point for corner; THENCE North 79 degrees 25 minutes 12.69 seconds East, continuing along said south line, a distance of 69.01 feet to a point for corner; TI-IENCE North 85 degrees 10 minutes 26 seconds East, continuing along said south line, a distance of 386.20 feet to a point for corner; "I'I-IENCE South 74 degrees 27 minutes 58 seconds East, continuing along said south line, a distance of 129.88 feet to a point for corner; "hL-IENCE North 88 degrees 19 minutes 07 seconds East, continuing along said south line, a distance of 203.17 feet to a point for the southeast corner of said Final Plat; Exhibit B -Page 10 DAL,LnS-1139583 v3 1284941-00016 THENCE North 00 degrees 45 minutes 42 seconds West, continuing along said south line, a distance of 224.39feet to a point for corner; THENCE North 47 degrees 35 minutes 38 seconds East, continuing along said south line, a distance of 173.96 feet to a point for corner; THENCE North 00 degrees 45 minutes 42 seconds West, continuing along said south line, a distance of 173.96 feet to a point for corner on the south right of way line of said Resort Boulevard.; ~fHENCE North 47 degrees 35 minutes 38 seconds East, departing said south line and along said south right-of-way line, a distance of 52.91 feet to the point of curvature of anon-tangent circular curve to the right having a radius of 420.00 feet, whose chord bears North 49 degrees 03 minutes 16 seconds East, a distance of 21.41 feet; THENCE Northeasterly, continuing along said south right-of--way line and along said curve, through a central angle of 02 degrees 55 minutes 16 seconds, an arc length of 21.41 feet to a point for the most northerly northeast corner of said Tract 2; T1-I1=~NCE South 39 degrees 29 minutes 03 seconds East, departing said south right-of- way line and along the east line of said Tract 2, a distance of 22.55 feet to a point for corner; "THENCE South 00 degrees 45 minutes 42 seconds East, continuing along said east line, a distance of 1,020.63 feet to a point for corner; THENCE South 22 degrees 33 minutes 35 seconds East, continuing along said east line, a distance of 165.87 feet to a point for corner in the east line of said Tract 8; THENCE North 67 degrees 26 minutes 25 seconds East, along said east line, a distance of 100.00 feet to a point for corner on the west right-of--way line of Portwood Way (a 60 foot right-of--way); THENCE South 22 degrees 33 minutes 35 seconds East, continuing along said east line and along said west right-of--way line, a distance of 158.98 feet to a point for the northernmost northeast corner of Block 15 of The Resort on Eagle Mountain Lake Addition, Blocks 9-12, and 14-16, as recorded in Cabinet A, Slide 8612 and 8613, and being on the common line between said Block 15 and said Tract 8; THENCE South 67 degrees 26 minutes 25 seconds West, departing said west right-of- way line and along said common line, a distance of 120.00 feet to a point for corner; Exhibit B -Page 11 D/~Ll.ns-1139583 v3 1284941-00016 TI-IENCE North 77 degrees 47 minutes 27 seconds West, continuing along said common line, a distance of 151.87 feet to a lJ2-inch found iron rod with cap for corner; THENCE South 22 degrees 30 minutes 33 seconds West, continuing along said common line, a distance of 37.46 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 39 degrees 18 minutes 59 seconds East, continuing along said common line, a distance of 428.11 feet to a 112-inch found iron rod with cap for corner; THENCE North 73 degrees 54 minutes 02 seconds East, departing said east line and along the south line of said Block 15, and across Portwood Way, a distance of 198.23 feet to a 1!2-inch found iron rod with cap for corner on the east right-of--way line of Portwood Way, said iron rod being on a curve to the right having a radius of 200.00 feet, whose chord bears North 23 degrees 42 minutes 30 seconds West, a distance of 10.11 feet; TI-LF_,NCE Northwesterly, along said east right-of-way line and along said curve, through a central angle of 02 degrees 53 minutes 43 seconds, an arc length of 10.11 feet to a 1/2-inch found iron rod with cap for the southernmost corner of Lot 1R of Block 16R of The Resort on Eagle Mountain Lake Addition, as recorded in Cabinet A, Slide 10004-10005, P.R.T.C.T.; THENCE North 47 degrees 57 minutes 34 seconds East, departing said east right-of- way line, and along the south line of Lots 1R-3R, Block 16R, a distance of 278.15 feet to a 1/2-inch found iron rod with cap for corner on the south right-of--way line of Bent Green Way (a 50 foot right-of--way}; THENCE North 52 degrees 59 minutes 11 seconds West, along said south right-of- way line, a distance of 30.36 feet to a point for corner; THENCE North 37 degrees 00 minutes 49 seconds East, over and across said Bent Green Way, a distance of 50.00 feet to a point for corner on the north right of way line of said Bent Green Way; THENCE South 52 degrees 59 minutes 11 seconds East, along said north right-of-way line, a distance of 19.00 feet to a point for corner; 1'I-IENCE North 37 degrees 00 minutes 49 seconds East, departing said north right-of- way line and along the west line of Lot 25, Block 11 of said The Resort on Eagle Mountain Lake Addition, Cabinet A, Slide 12409 P.R.T.C.T, a distance of 102.46 feet to a 1 /2-inch found iron rod with cap for; DALLAS-1139583 v3 1284941-00016 Exhibit B -Page 12 THENCE North 60 degrees 27 minutes 56 seconds East, continuing along the west line of said Lot 25, a distance of 23.29 feet to a point for the common corner between said Block 11 and said Tract 6; THENCE South 69 degrees 18 minutes 53 seconds East, along the common line between said Block 11 and said Tract 6, a distance of 43.21 feet to the point of curvature of a circular curve to the left having a radius of 150.00 feet, whose chord bears North 83 degrees 37 minutes 52 seconds East, a distance of 136.45 feet; TI-IENCE Northeasterly, continuing along said common line and along said curve, through a central angle of 54 degrees 06 minutes 29 seconds, an arc length of 141.65 feet to the point of tangency; THENCE North 56 degrees 34 minutes 38 seconds East, continuing along said common line, a distance of 31.17 feet to a 1/2-inch found iron rod with cap for a northeast corner of said Cabinet A, Slide 12409 Final Plat; THENCE South 33 degrees 25 minutes 22 seconds East, departing said common line and along the north line of said Final Plat, a distance of 120.00 feet to a 1/2-inch found iron rod with cap for the northeast corner of said Block 1 l and being on the northerly right-of--way line of Indian Creek Drive; T1-IENCE South 28 degrees 03 minutes 12 seconds East, departing said Block 11, over and across said Indian Creek Drive, a distance of 60.26 feet to a 1/2-inch found iron rod with cap for the southwest corner of Lot 1, Block 14 of said The Resort on Eagle Mountain Lake Addition, said iron rod being on the southerly right-of--way line of said Indian Creek Drive; TI-IENCE South 65 degrees 29 minutes 39 seconds East, departing said southerly right- of-way line and along the south line of said Lot 1, a distance of 131.99 feet to a 1/2- inch found iron rod with cap for the southeast corner of said Lot 1; THENCE North 24 degrees 30 minute 21 seconds East, along the east line of said Lot 1 and across Eagle Narrows Drive (a 50 foot right-of--way), a distance of 210.00 feet to a 1 /2-inch found iron rod with cap for the southeast corner of Lot 14, Block 12 of said The Resort on Eagle Mountain Lake Addition; T1-IENCE North 19 degrees 29 minutes 23 seconds East, along the east line of said Lot 14, a distance of 140.62 feet to a 1/2-inch found iron rod with cap for the northeast corner of said Lot 14 and being on the south line of said Block 12; Exhibit B -Page 13 DALLnS-1 139583 v3 1284941-00016 THENCE South 74 degrees 47 minutes 10 seconds East, departing the east line of said Lot 14, and along the south line of said Block 12, a distance of 61.40 feet to a point for the southeast corner of said Block 12; THENCE North 15 degrees 12 minutes 50 seconds East, departing said south line and along the common line between said Block 12 and said Tract 7, a distance of 500.87 feet to a 1/2-inch found iron rod with cap for corner; TI-IENCE North 15 degrees 10 minutes 51 seconds West, continuing along said common line, a distance of 668.48 feet to the POINT OF BEGINNING AND CONTAINING 10,376,692 square feet or 238.2 acres of land, more or less. Exhibit B -Page 14 DnLLnS-I 139583 v3 1284941-00016