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6�NTRACT N0. ��
AGREEMENT CONCERNING WATER AND SEWER SERVICE
TO SHALE CREEK DEVELOPMENT
This Agreement Concerning Water and Sewer Service to Shale Creek Development
("Agreement") is entered into by and between the City of Fort Worth, Texas (the "Citv"), a
home-rule municipal corporation situated in Tarrant, Denton, Johnson, Parker and Wise
Counties, Texas, acting by and through its duly authorized Assistant City Manager; Aqua Texas,
Inc. a Texas corporation ("Aqua Texas"); and North Fort Worth Water Control and Improvement
District No. 1 of Denton and Wise Counties, a conservation and reclamation district created and
operating pursuant to Article XVI, Section 59, Texas Constitution, and Chapters 49 and 51,
Texas Water Code (the "District").
RECITALS
A. The "Shale Creek Development" consists of 330 acres in Denton and Wise
Counties, in the City's extraterritorial jurisdiction, composed of 251.75 acres within the District,
and approximately 78.608 acres located outside the boundaries of the District, as shown in
Exhibit A.
B. The Texas Commission on Environmental Quality ("TCEQ") issued CCN No.
11157 to Aqua Utilities, Inc., authorizing it to provide retail water service to various areas within
Denton and Wise Counties, including the Shale Creek Development.
C. Aqua Utilities, Inc. has transferred all of its assets to Aqua Texas, including
without limitation TPDES Permit No. WQ0014263, CCN No. 11157, CCN No. 20453, CCN
No.20867, and all related water and sewer facilities.
D. Aqua Texas, the District, the City, Alpha Ranch Fresh Water Supply District of
Denton and Wise Counties and South Denton County Water Control and Improvement District
No. 1 have entered into that certain Water and Wastewater Utility Services Transfer Agreement
providing, among other terms, for Aqua Texas to transfer to the City its rights under CCN No.
11157 to provide retail water service to approximately 210.087 acres of land within the District,
consisting of a 158.396-acre tract north of an unnamed tributary owned by Shale 114, L.P., a
25.5-acre tract on Highway 114 and a 25.87 tract on Highway 114, as shown in Exhibit A.
E. Approximately 120.271 acres of the Shale Creek Development, comprised of
approximately 78.608 acres outside the District, which has been subdivided as Shale Creek,
Phase 1, and two platted subdivisions within the District, consisting of Shale Creek, Phase 2A
(15.249 acres), and Phase 2B (26.414 acres), as shown on Exhibit A and more particularly
described in Exhibit S, shall remain within Aqua Texas' CCN No. 11157 (the "Aqua Texas
Water Service Area"), subject to the Option described in Section 3.01.
F. The City and Aqua Texas have agreed to enter into the Wholesale Water
Agreement, as hereafter defined, whereby the City will sell treated water to Aqua Texas for
Aqua Texas to provide retail water service to a maximum of 493 single-family connections in the
Aqua Texas Water Service Area, provided an off-site water main is constructed at no cost to the
City in accordance with that certain Water Infrastructure Agreement dated �C� �,,,� �City __
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Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 1 ��'�"Y' $�(;�g�TAR'Y
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Secretary Contract No. ��'' ) and infrastructure is constructed and fees are paid to the City in
accordance with the Wholesale Water Agreement.
G. TCEQ issued CCN No. 20867 to Aqua Texas authorizing Aqua Texas to provide
retail wastewater service to various areas within Denton and Wise Counties, including the Shale
Creek Development, as shown in Exhibit A and more particularly described in Exhibit C.
H. Aqua Texas will provide retail sewer service to the Shale Creek Development
utilizing the existing Shale Creek wastewater treatment plant authorized under TCEQ Permit No.
WQ14186-001 (the "Shale Creek Wastewater Treatment Plant").
I. Aqua Texas has agreed to transfer its rights to the City under CCN 11157 for the
Aqua Texas Water Service Area and under CCN 20867 for the Shale Creek Development at any
time after seventeen (17) years from the Effective Date, at the City's option.
J. Aqua Texas and the District have agreed to convey to the City all water and
wastewater infrastructure and related assets to serve the Aqua Texas Water Service Area and the
Shale Creek Development, save and except the Shale Creek Wastewater Treatment Plant, at a
nominal cost, upon exercise by the City of its option for transfer of CCN service rights for such
areas.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, the Parties contract and agree as follows:
7.18.
ARTICLE I
DEFINITIONS
1.01 "Effective Date" means the effective date of this Agreement as defined in Section
1.02 "Option" means the rights granted to the City described in Section 3.01.
1.03 "Parties" means, collectively, the City, Aqua Texas, and the District, and any
permitted successors and assigns.
1.04 "Party" means, individually, the City, Aqua Texas, or the District, and any
permitted successors and assigns.
1.05 "Property" means the items listed in Section 3.01.
1.06 "Seller" means Aqua Texas, the District, and each of their permitted assigns, to
the extent that each of those Parties or such assigns owns all or any interest in the Property at the
time the Option is exercised under this Agreement.
1.07 "Wholesale Water A�reement" means that certain Agreement for Water Service
Between the City of Fort Worth, Texas, and Aqua Texas, Inc. dated�-���r�a: �� 1� :1�� (City
Secretary Contract No. `� �i.�� whereby the City will sell treated water to qua Texas for
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 2
however, Aqua Texas may include the Property in general financing covenants granting blanket
security interests in assets owned by Aqua Texas.
3.06 Memorandum of Option. Seller and the City shall execute and record, in the form
attached as Exhibit D to this Agreement, a"Memorandum of Agreement Concerning Water and
Sewer Service to Shale Creek Development" in the Real Property Records of Denton and Wise
Counties, Texas within thirty (30) days after the Effective Date.
3.07 Construction of Infrastructure to Citv Standards; Ownership of Infrastructure.
Aqua Texas shall require that all water infrastructure constructed within the Aqua Texas Water
Service Area on or after the Effective Date be constructed to City standards and inspected by the
City prior to conveyance of such infrastructure to Aqua Texas. Aqua Texas shall require that all
other wastewater infrastructure constructed within the Shale Creek Development on or after the
Effective Date be reviewed, constructed and inspected through the City's Infrastructure Plan
Review Center ("IPRC") and Community Facilities Agreement ("CFA") process prior to
conveyance of such infrastructure to Aqua Texas. No lift stations shall be constructed within
the Shale Creek Development after the Effective Date.
3.08 Construction of Sewer Mains.
(a) Off-Site Sewer Main. Brookfield Acquisitions, L.P., a Texas limited
partnership, South Denton County Water Control and Improvement District No. 1,
CTMGT Alpha Ranch, LLC, a Texas limited liability company, CTMGT AR II, LLC, a
Texas limited liability company, and Alpha Ranch Fresh Water Supply District of
Denton and Wise Counties have entered into that certain Sewer Infrastructure Agreement
with the City dated 1=t �%� U<w j�- , 201 fe�(City Secretary Contract No. j�(�5 ,
providing for such entities an districts to design, construct and pay for the Off-Site
Sewer Main, as defined therein. The Off-Site Sewer Main shall be designed to serve the
Shale Creek Development. Capacity will be reserved in the Off-Site Sewer Main to serve
the Shale Creek Development.
(b) Shale Creek Main. The District acknowledges that a sewer main must be
constructed from the Shale Creek Wastewater Treatment Plant to the Brookfield sewer
main, as shown on Exhibit E as Point B to Point C(the "Shale Creek Main") in order for
the City to provide retail sewer service to the Shale Creek Development utilizing the Off-
Site Sewer Main. The District shall design, construct and pay for such sewer main
within six months after the Option Exercise Date. In no event shall the City or Aqua
Texas be responsible for designing, constructing or paying for the Off-Site Sewer Main
or the Shale Creek Main.
3.09 Maintenance of Infrastructure. Aqua Texas shall maintain all water infrastructure
constructed within the Aqua Texas Water Service Area on or after the Effective Date and all
sewer infrastructure constructed within the Shale Creek Development on or after the Effective
Date to City maintenance standards. The City's Water Department has the right to inspect such
infrastructure during regular business hours and to receive CCTV information.
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 6
Aqua Texas to provide retail water service to a maximum of 493 single-family connections in the
Aqua Texas Water Service Area.
ARTICLE II
WATER AND SEWER SERVICE BY AQUA TEXAS
2.01 Retail Water Service to Aqua Texas Water Service Area. Aqua Texas will retain
its water CCN rights to provide retail water service to Shale Creek Phases 1, 2A and 2B,
consisting of 78.608 acres, 15.249 acres and 26.414 acres, respectively (the "Aqua Texas Water
Service Area") shown in Exhibit A and more particularly described in Exhibit B, subject to the
City's option to become the water retail provider to the Aqua Water Service Area pursuant to
Article III. The Wholesale Water Agreement sets out obligations for payment of fees in
connection with purchase of water by Aqua Texas from the City to serve the Aqua Texas Water
Service Area.
2.02 Retail Sewer Service to Shale Creek Development. Aqua Texas will retain its
sewer CCN rights to provide retail sewer service to the Shale Creek Development, consisting of
330 acres of land shown on Exhibit A and more particularly described in Exhibit C, subject to
the City's option to become the retail sewer provider to the Shale Creek Development pursuant to
Article IIL
2.03 Assessment and Collection of Impact Fees.
(a) Sewer Impact Fees. The City will assess and collect a sewer impact fee
pursuant to Chapter 395, Local Government Code, and the City's sewer impact fee
ordinance ("Sewer Impact Fee") for all existing and new structures within the Shale
Creek Development, as follows:
(i) For each structure receiving retail sewer service from Aqua Texas on the
Effective Date or constructed on a lot for which a final plat has been
recorded prior to the Effective Date, the District shall pay (or cause to be
paid) the Sewer Impact Fee to the City on or before the Closing Date. If
the Sewer Impact Fees are paid to the City on or before April 1, 2017, the
generally applicable collection rate within the City's corporate limits on the
Effective Date shall apply. Thereafter, the Sewer Impact Fees may be paid
at any time on or before the Closing Date, and the generally appiicable
collection rate within the City's corporate limits as of the date of payment
shall apply.
(ii) For each structure constructed within the District after the Effective Date
on a lot for which a final plat has not been recorded prior to the Effective
Date, the City shall assess the Sewer Impact Fee at the time of recordation
of a subdivision plat. The development agreement between the City and
Shale 114, L.P. for the 158.396-acre tract described in Recital D shall
require that the Sewer Impact Fee be paid to the City as a condition to
issuance of a buiiding permit by the City, at the collection rate generaliy
applicable within the City's corporate limits. The District shall pay (or
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 3
cause to be paid) the Sewer Impact Fee for all other structures
constructed within the District.
(b) Water Impact Fees. The City will assess and collect a water impact fee
pursuant to Chapter 395, Local Government Code, and the City's water impact fee
ordinance ("Water Impact Fee") for all existing and new structures within the Shale
Creek Development, as follows:
(i) For each structure within the Aqua Texas Water Service Area as defined
in Recital E, for which the City will be the wholesale water provider and
Aqua Texas wiil be the retail water provider, the District shall pay (or
cause to be paid) Water Impact Fees to the City in accordance with the
Wholesale Water Agreement between the City and Aqua Texas. Aqua
Texas has no obligation to pay such Water Impact Fees.
(ii) For each structure within the 210.087 acres of land within the District
described in Recital C and depicted on Exhibit A for which the City wiil
be the retail water provider, the City shall assess the Water Impact Fee at
the time of recordation of a subdivision plat. The development agreement
between the City and Shale 114, L.P. for the 158.396-acre tract described
in Recital C shall require that the Water Impact Fee be paid to the City as
a condition to issuance of a building permit by the City, at the collection
rate generally applicable within the City's corporate limits. The District
shall pay (or cause to be paid) the Water Impact Fee for all other structures
constructed within the District.
ARTICLE III
PROPERTY, GRANT AND EXERCISE OF OPTION
3.01 Grant of Option. Subject to the tertns and conditions set forth in this Agreement,
Seller grants to the City an option (the "O��t�ion") (a) to become the retail provider of water
service to the Aqua Texas Water Service Area by purchasing and accepting from Aqua Texas ali
rights under CCN No. 11157 for the Aqua Texas Water Service Area; (b) to become the retail
provider of sewer service to the Shale Creek Development by purchasing and accepting from
Aqua Texas all rights under CCN No. 20867 for the Shale Creek Development; and (c) to
purchase and accept from Seller all of Seller's right, title and interest in and to the following
property, as needed to serve the Aqua Texas Water Service Area and the Shale Creek
Development for which the City exercises the Option to become the retail provider, as it may
exist on the Effective Date, or be acquired or constructed by Seller at any time after the Effective
Date and prior to the termination of the Option Period, as hereafter defined, and consisting of the
following (the "PropertX"):
a. all water distribution facilities, including meters, above ground tanks, pump
stations and other equipment, fixtures, improvements or appurtenances used to
provide water service to the Aqua Texas Water Service Area (coliectively, "Water
Facilities");
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 4
b. all wastewater collection facilities, including meters, and other equipment,
fixtures, improvements or appurtenances used to provide wastewater service to
the Shale Creek Development, save and except the Shale Creek Wastewater
Treatment Plant (collectively, "Wastewater Facilities");
c. all easements and rights-of-way associated with the Water Facilities or the
Wastewater Facilities (the "Easements");
d. any tract of land within the Shale Creek Development owned by Seller and in use
or designated by the District for the operation of the Water Facilities or the
Wastewater Facilities (the "Land");
e. account records and information for existing customers served by the Water
Facilities or the Wastewater Facilities (the "Account Information");
f. surveys, plans and specifications in Seller's possession or control that relate to the
Water Facilities or the Wastewater Facilities (the "Documents"); and
g. account deposits.
3.02 Exercise of Option. Uniess the Parties agree in writing to an earlier date, the City
may exercise the Option at any time after seventeen (17) years after the Effective Date and on or
before thirty-five (35) years from the Effective Date ("Option Period"). The Option, if exercised,
must be exercised simultaneously to provide retail water service to the Aqua Texas Water
Service Area and retail sewer service to the Shale Creek Development.
3.03 Notice Exercisin�Option. Whenever the City desires to exercise the Option, the
City shall provide Notice to Seller during the Option Period of its desire to exercise the Option
("Notice Exercising Option"). The date on which the City sends the Notice Exercising Option is
called the "Option Exercise Date".
3.04 Infortnation to the Citv. Within thirty (30) days following the Option Exercise
Date, Seller shall provide to the City true and complete copies of ail written information that any
of them possesses (other than privileged communications or attorney work-product) with regard
to the Property, including but not limited to: environmental studies and reports; any permits
required for the Water Facilities and the Wastewater Facilities; all agreements granting or
conveying the Easements; the Documents; and a complete and itemized inventory of any of the
Property that is not described or shown by the Documents.
3.05 Prohibited Sales and Encumbrances. Seller may not enter into any agreement to
seil, transfer, or grant any preferential right to purchase (including but not limited to any option,
right of first refusal, or right of first negotiation) with respect to all or any portion of the Property
without the City's written consent. Further, Seller may not mortgage, lease, or otherwise
encumber all or any portion of the Property ("Prohibited Encumbrance"), unless such Prohibited
Encumbrance is cured and removed at or before Closing, as hereafter defined; provided,
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 5
however, Aqua Texas may include the Property in general financing covenants granting blanket
security interests in assets owned by Aqua Texas.
3.06 � Memorandum of Option. Seller and the City shall execute and record, in the form
attached as Exhibit D to this Agreement, a"Memorandum of Agreement Concerning Water and
Sewer Service to Shale Creek Development" in the Real Property Records of Denton and Wise
Counties, Texas within thirty (30) days after the Effective Date.
3.07 Construction of Infrastructure to Citv Standards• Ownership of Infrastructure.
Aqua Texas shall require that all water infrastructure constructed within the Aqua Texas Water.
Service Area on or after the Effective Date be constructed to City standards and inspected by the
City prior to conveyance of such infrastructure to Aqua Texas. Aqua Texas shall require that all
other wastewater infrastructure constructed within the Shale Creek Development on or after the
Effective Date be reviewed, constructed and inspected through the City's Infrastructure Plan
Review Center ("IPRC") and Community Facilities Agreement ("CFA") process prior to
conveyance of such infrastructure to Aqua Texas. No lift stations shall be constructed within
the Shale Creek Development after the Effective Date.
3.08 Construction of Sewer Mains.
(a) Off-Site Sewer Main. Brookfield Acquisitions, L.P., a Texas limited
partnership, South Denton County Water Control and Improvement District. No. 1,
CTMGT Alpha Ranch, LLC, a Texas limited liability company, CTMGT AR II, LLC, a
Texas limited liability company, and Alpha Ranch Fresh Water Supply District of
Denton and Wise Counties have entered into that certain Sewer Infrastructure Agreement
with the City dated F� �-ur� ��- �, 201�(City Secretaxy Contract No. �' (�5 ,
providing for such entities an d� istricts to design, construct and pay for the Off-Site
Sewer Main, as defined therein. The Off-Site Sewer Main shall be designed to serve the
Shale Creek Development. Capacity will be reserved in the Off-Site Sewer Main to serve
the Shale Creek Development.
(b) Shale Creek Main. The District acknowledges that a sewer main must be
constructed from the Shale Creek Wastewater Treatment Plant to the Brookfield sewer
main, as shown on Exhibit E as Point B to Point C(the "Shale Creek Main") in order for
the City to provide retail sewer service to the Shale Creek Development utilizing the Off-
Site Sewer Main. The District shall design, construct and pay for such sewer main
within six months after the Option Exercise Date. In no event shall the City or Aqua
Texas be responsible for designing, constructing or paying for the Off-Site Sewer Main
or the Shale Creek Main.
3.09 Maintenance of Tnfrastructure. Aqua Texas shall maintain all water infrastructure
constructed within the Aqua Texas Water Service Area on or after the Effective Date and all
sewer infrastructure constructed within the Shale Creek Development on or after the Effective
Date to City maintenance standards. The City's Water Department has the right to inspect such
infrastructure during regular business hours and to receive CCTV information.
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 6
ARTICLE IV
PURCHASE PRICE AND OPTION CONSIDERATION
4.01 Purchase Price. When the Option is exercised pursuant to this Agreement, the
consideration ("Purchase Price") for the entirety of the Property and service rights purchased
pursuant to the Option is TEN DOLLARS ($10.00).
4.02 Time of Payment. The Purchase Price is payable in cash at the Closing.
4.03 Consideration. Seller acknowledges that the Purchase Price and execution of the
Wholesale Water Agreement by the City constitute just, adequate, and reasonable compensation
to Aqua Texas for the CCN rights and other property to be conveyed to the City hereunder. As
additional consideration for Seller's holding the Property available for purchase during the
Option Period, the City has paid Seller $100 ("Independent Option Consideration"), which Seller
may retain, even if this Agreement is terminated.
ARTICLE V
SURVEY, INSPECTION AND TITLE COMMITMENT
5.01 Survev durin� Option Period. From time to time during the Option Period, the
City shall have the right to obtain, at the City's expense, a current, on-the-ground land title
survey ("Survev") of all or any portion of the Property made by a duly licensed surveyor
reasonably acceptable to Seller.
5.02 Inspection durin� Option Period. From time to time during the Option Period, the
City shall have the right to obtain an inspection, including an appraisal of real and personal
property ("Inspection"), of all or any portion of the Property, at the City's expense, for purposes
of assessing the physical and operational condition of the Property.
5.03 Title Examination durin� Option Period. During the Option Period, the City
shall have the right to obtain, at the City's expense, an examination of any or all of the real
property records related to the Land and the Easements ("Title Commitment"), including any and
all instruments constituting an exception or restriction upon the title or easement rights of Seller.
5.04 A�proval Period and Title. If the City chooses to have a Survey, Inspection or
Title Commitment of all or any portion of the Property during the Option Period, the City may,
after it has delivered its Notice Exercising Option, deliver to Seller a Notice of its written
objections to anything contained therein. Seller shall, in good faith, attempt to satisfy such
objections before Closing; but Selier shall not be required to incur any cost to do so, except with
respect to any Prohibited Encumbrance, which must be removed or cured before Closing. For all
objections except the Prohibited Encumbrances, if Seller is unable to satisfy such other
objections on or before the Closing date, or if, for any reason, Seller is otherwise unable to
convey title in accordance with Section 6.02 below, then the City, as its sole and exclusive
remedy hereunder may (a) waive such objections and accept the Property in its condition at the
time of Closing, with such title to the Property as Seller is able to convey; (b) elect to exclude
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 7
from the purchase any portion of the Property that it deems to be affected by its objections and
accept such title to the remainder of the Property as Seller is able to convey or (c) withdraw the
Notice Exercising Option in its entirety, and its corresponding exercise of the Option, but
preserve its right to exercise the Option at a later date within the Option Period. The City may
enforce by specific performance the Seller's obligation under Section 3.05 to remove any
Prohibited Encumbrance.
5.05 Convevance "As Is, Where Is". Aqua Texas' conveyance of the Property, or any
portion thereof, to the City wiil be as is, where is, with all faults. Aqua Texas makes no
representations regarding the assets being conveyed. The City must do its own independent
evaluation and due diligence on the Property without relying upon any representations or
statements by Aqua Texas.
ARTICLE VI
CLOSING
6.01 Time of Closin�. The closing ("Closin�") of the sale of the Property by Seller to
the City will occur on or before one hundred twenty (120) days after the Option Exercise Date,
or at such other time or place as the Parties may mutually determine ("Closing Date").
6.02 Seller Requirements. For all of the Property that is the subject of the Option,
unless excluded by the City pursuant to Section 5.04, Seller shall deliver or cause to be delivered
to the City at Closing all of the following: (a) a Bill of Sale and Assignment, fully executed and
acknowledged by each Seller as its interests may appear, conveying, transferring, and assigning
to the City all of Seiler's right, title, and interest in and to the Water Facilities, the Wastewater
Facilities, the Account Information, and the Documents; (b) a Special Warranty Deed executed
and acknowledged by each Seller as its interests may appear, conveying to the City good and
indefeasible fee simple titie to the Land, subject to all matters of record; (c) an assignment of
Easements, executed and acknowledged by each Seller as its interests may appear, conveying,
transferring, and assigning to the City all of Seller's right, title, and interest in and to the
Easements; (d) evidence reasonably satisfactory to the City that the person(s) executing the
Closing documents on behalf of Seller has full right, power, and authority to do so; and (e) any
other document reasonably necessary to consummate the transaction.
6.03 Citv Requirements. The City shall deliver or cause to be delivered to Seller at
Closing ali of the following: (a) the Purchase Price; and (b) evidence reasonably satisfactory to
Seller that the person executing any Closing documents on behalf of the City has full right,
power, and authority to do so. The City also agrees to provide documentation on request by the
District for any TCEQ utility bond application by the District or related agreed-upon procedures
report.
6.04 Termination of A�reements. Upon completion of the Closing, Seller shail
terminate, as of the Closing Date, any and all agreements covering any portion of the Aqua
Texas Water Service Area, the Shale Creek Development, or the Property purchased, including
without limitation all operation and maintenance agreements and that certain Lease Agreement
between the District and Aqua Texas dated June 27, 2012, unless the City expressly requests that
any such agreements remain in effect.
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 8
6.05 City's Remedies. If Seller fails or refuses to sell the Property at the Closing, then
the City is entitled to (a) enforce speciiic performance of Seller's obligations under this
Agreement; or (b) withdraw its Notice Exercising Option and its corresponding exercise of the
Option, but preserve its right to exercise the Option at a later date within the Option Period; or
(c) exercise any other right or remedy available to the City at law or in equity.
6.06 Cooperation bv Parties. Seller agrees not to contest any applications filed by the
City at the TCEQ, the Texas Public Utility Commission ("PUC") or other governmental agency
for a new or amended water and/or wastewater CCN after exercise of the Option to effectuate the
transfer of retail water and wastewater service rights for the Aqua Texas Water Service Area and
the Shale Creek Development to the City and further agrees that Seller shall cooperate and assist
the City to the extent reasonably necessary in obtaining any regulatory approvals required to
effectuate such transfer of water and wastewater utility service rights from Aqua Texas to the
City.
6.07 Effect of Transfer. Once the City becomes the retaii provider of water and
wastewater service to the Aqua Texas Water Service Area and the Shale Creek Development,
Aqua Texas will cease providing water and wastewater utility services to such areas, and the City
shall have no further obligations to Aqua Texas or the District with regard to the costs, operation,
equipment removal or site restoration of Aqua Texas' water and wastewater system operations
for such areas. All costs of dismantiing, decommissioning and removal of the then-existing
water and wastewater system facilities not acquired by the City shall be borne by the owner of
such facilities.
6.08 Removal of Shale Creek Wastewater Treatment Plant. Aqua Texas shall remove
the Shale Creek Wastewater Treatment Plant from the Shale Creek Development, at Aqua Texas'
expense, within one hundred twenty (120) days after Closing, provided the City exercises the
Option to become the retail sewer provider to all customers within the Shale Creek
Development. Aqua Texas shall retain ownership of the Shale Creek Wastewater Treatment
Plant and shall dispose of the plant in its sole discretion.
ARTICLE VII
MISCELLANEOUS
7.01 Form of Easement. Before executing any Easement for Water Facilities or Sewer
Facilities to serve the Shale Creek Development, Seller shall submit to the City for its review and
approval (which approval by the City shall not be unreasonably withheld) Seller's proposed
forms of Easement for water and wastewater lines and related facilities and appurtenances.
Among other things, the Easement forms must provide that the underlying land owner of the
servient tenement consents in advance to any future assignment of such Easement by Seller to
the City. After the City has approved the forms of water and wastewater Easements, the City's
prior written consent will not be required for any new Easement that Seller enters into under the
approved forms. Nevertheless, Selier must send to the City copies of each fully executed and
recorded Easement within thirty (30) days after such Easement is executed.
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 9
7.02 Other Forms. In case of a dispute as to the form of any document required by this
Agreement, unless otherwise required by other agreements entered into by the Parties, the
current form prepared by the State Bar of Texas shall be conclusively deemed reasonable.
7.03 Notice. Any notices, approvals, or other communications required to be given by
one Party to another under this Agreement (a "Notice") shall be given in writing addressed to the
Party to be notified at the address set forth below and shall be deemed given: (a) when the Notice
is delivered in person to the person to whose attention the Notice is addressed; (b) when received
if the Notice is deposited in the United States Mail, certified or registered mail, return receipt
requested, postage prepaid; or (c) when the Notice is delivered by Federal Express, UPS, or
another nationally recognized courier service with evidence of delivery signed by any person at
the delivery address. If any date or period provided in this Agreement ends on a Saturday,
Sunday, or legal holiday, the applicable period for calculating the Notice shall be extended to the
first business day following the Saturday, Sunday, or legal holiday. For the purpose of giving
any Notice, the addresses of the Parties are set forth below. The Parties may change the
information set forth below by sending Notice of such changes to the other Party as provided in
this Section 7.03.
To the City:
City of Fort Worth, Texas
Attn: City Secretary
1000 Throckmorton Street
Fort Worth, Texas 76102
City of Fort Worth, Texas
Attn: City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
City of Fort Worth, Texas
Attn: Water Director
1000 Throckmorton Street
Fort Worth, Texas 76102
To the District:
North Fort Worth Water Control and Improvement District
No. 1 of Denton and Wise Counties
c/o: Winstead PC
Attn: Ross Martin
500 Winstead Building
2728 N. Harwood Street
Dallas, Texas 75201
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 10
To Aqua Texas:
Aqua Texas, Inc.
1106 Clayton Lane, Ste 400W
Austin, TX 78723
Attn: Vice President
Aqua Texas, Inc.
762 West Lancaster Ave.
Bryn Mawr, PA 19010
Attn: Chief Legal Officer
7.04 Bindin� Effect and Assignment.
(a) This Agreement and the Option granted herein shall inure to the benefit of
and bind the Parties hereto and their respective heirs, representatives, successors and
assigns.
(b) Neither the District nor the City may assign this Agreement without the
written consent of the other Parties.
(c) Aqua Texas may assign its rights under this Agreement with Notice to,
but without the consent of, the other Parties (i) to any subsidiary or affiliate of Aqua
Texas (i.e., any entity with respect to which 50% or more of the voting and economic
interests are owned by Aqua Texas or its parent) so long as Aqua Texas shall remain
liable to the City for any and all liabilities or obligations arising out of this Agreement, or
(ii) to any entity acquiring all or substantially all of the assets or common stock of Aqua
Texas or its successor. All other assignments of this Agreement by Aqua Texas, in whole
or in part, require the prior written consent of the other Parties. Any assignee must
assume all obligations of Aqua Texas and any liability that may result from acts or
omissions by such assignee under this Agreement that may arise or accrue from and after
the effective date of the assignment.
7.05 Amendment. This Agreement may be amended only with the written consent of
all Parties and with approvai of the governing bodies of the City and the District.
7.06 Severabilitv. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior agreements, whether oral or written, covering the subject matter
of this Agreement. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be
deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible, be
rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of
this Agreement shall remain in full force and effect and shall be interpreted to give effect to the
intent of the Parties.
7.07 Interpretation. The Parties acknowledge that each of them has been actively
involved in negotiating this Agreement. Accordingly, the rule of construction that any
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 11
ambiguities are to be resolved against the drafting Party will not apply to interpreting this
Agreement. In the event of any dispute over the meaning or application of any provision of this
Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for
or against any Party, regardless of which Party originally drafted the provision. As used in this
Agreement, the term "including" means "including without limitation" and the term "days"
means calendar days, not business days. Wherever required by the context, the singular shall
include the plural, and the plural shall include the singular. Each defined term herein may be
used in its singular or plural form whether or not so defined.
7.08 Survival. Any portion of this Agreement not otherwise consummated at the
Closing will survive the Closing of this transaction as a continuing agreement by and between
the Parties.
7.09 Counterpart Originais. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
7.10 Section 13.248 Agreement. The Parties agree that the designation under this
Agreement of areas and customers to be served by water and wastewater utility providers is valid
and enforceable and may be submitted to the TCEQ, PUC or other agency with jurisdiction for
approval pursuant to Section 13.248 of the Texas Water Code.
7.11 Additional Documents and Acts. Each Party shall, upon request of any other
Party, execute and deliver such further documents and perform such further acts as may
reasonably be requested to effectuate the terms of this Agreement and achieve the intent of the
Parties.
7.12 Governin� Law and Venue. THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS� AS THEY APPLY TO
CONTRACTS PERFORMED WITHIN THE STATE OF TEXAS AND WITHOUT REGARD TO ANY
CHOICE OF LAW RULES OR PRINCIPLES TO THE CONTRARY. TflE PARTIES ACKNOWLEDGE
THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT COUNTY� TEXAS AND HEREBY SUBMIT
TO THE JURISDICTION OF THE COURTS OF TARRANT COUNTY AND AGREE THAT ANY SUCH
COURT SHALL BE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING
HEREUNDER.
7.13 No Waiver. Any failure by a Party to insist upon strict performance by another
Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the
Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall
be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
7.14 No Third-Party Beneficiaries. This Agreement inures only to the benefit of, and
may only be enforced by, the Parties. No other person or entity shall have any right, title, or
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 12
interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this
Agreement.
7.15 Breach, Notice and Remedies.
(a) If any Party commits a breach of this Agreement, a non-breaching Party
shall give Notice to the breaching Party that describes the breach in reasonable detail.
(b) The breaching Party shall commence curing such breach within fourteen
(14) calendar days after the time the breaching Party receives such Notice and complete
the cure within fourteen (14) calendar days from the date of commencement of the cure;
however, if the breach is not reasonably susceptible to cure by the breaching Party within
such 14-day period, the non-breaching Party shall not bring any action so long as the
breaching Party has commenced to cure the default within such 14-day period and
diligently completes the cure within a reasonable time without unreasonable cessation of
the work.
(c) If the breaching Party does not substantially cure such breach within the
stated period of time, the non-breaching Party may, in its sole discretion, and without
prejudice to any other right under this Agreement, law, or equity, seek an action under the
Uniform Declaratory Judgment Act, specific performance, mandamus, injunctive relief,
and other remedies described in this Agreement; provided, however, that the
non-breaching Party shall not be entitled to terminate this Agreement and each Party
specifically waives any right such Party has or in the future may have to terminate this
Agreement. It is understood and agreed that no Party shall seek or recover actual,
consequential or any other type of monetary damages or awards, including but not limited
to attorney's fees, in the event that any Party brings suit under or related to this
Agreement.
7.16 Authoritp to Execute Agreement. Aqua Texas, Inc. hereby warrants that it is the
successor in interest to all assets, rights and obligations of Aqua Utilities, Inc., and has the
authority to enter into this Agreement.
7.17 Exhibits. All exhibits attached to this Agreement are incorporated into this
Agreement by reference for the purposes set forth herein, as foliows:
Exhibit A Map of Shale Creek Development and Aqua Texas Water Service
Area
Exhibit B Legal Description of Aqua Texas Water Service Areas
Exhibit C Legal Description of Shale Creek Development
Exhibit D Memorandum of Agreement Concerning Water and Sewer Service
to Shale Creek Development
Exhibit E Shale Creek Sewer Main
7.18 Effective Date. This Agreement shall be effective upon execution by all Parties
(the "Effective Date").
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 13
SELLER
NORTH FORT WORTH WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 1 OF
DENTON AND WISE COUNTIES
-�
,�
By: �
�; �
Nari'ie: ' � �.��
`, Pre 'dent, Board of Directors
�
AQUA TEXAS, INC.,
a Texas corporation �
,
y:
���"v Nar�
Title
�'%
�FFICIAL RECOFd�?
CITY $I�C�t�i"ARi�
i7. V1i�RTe�1, TX
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 14
ATTEST:
.i;i
%� - -
�
ary J' ' s , C� �
APPROVED AS TO
AND LEGALITY:
THE CITY
THE CITY OF FORT WORTH,
��,_��,� a Texas home-rule municipal corporation of
.�= ��;_ ��, �� Tarrant, Denton, Johnson, Parker and Wise
��;..••••�•• .,�o Counties
-'� _ , ,�,� �-.
xeta �� � "� By: �
.�' � �;'
�{y S •�� Name: ��SU� � �����..
.� ..
•` �i�/��� 'i` �.
)RM Title: f�S i S�7�r�-� �� i�<t'�1 ��_�E�g�`'
/ � `�j, ; �%�- �i �� �
Assistant City Atto f ey ,
Date: � �� �'
�� � ���7� .
�
�cy�at����. �utiao��a�ti.o�
, �__' _� �' � � '
����
OFFICIAL RECQR�
CITIf SECRETARY
FT. W�RTH, T�
Agreement Concerning Water and Sewer Service to Shale Creek Development — Page 15
Exhibit A
Map of Shale Creek Development and Aqua Texas Water Service Area
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Exhibit B
Legal Description of Aqua Texas Water Service Area
STATE OF TEXAS
DENTON AND WISE COUNTIES
BEING A TRACT OF LAND SITUATED IN THE SMITH COUNTY SCHOOL LAND SURVEY,
ABSTRACT NUMBER 743 (WISE COUNTY), ABSTRACT NUMBER 1137 (DENTON COUNTY)
AND THE WILLIAM WALLACE SURVEY, ABSTRACT NUMBER 1434 (WISE COUNTY),
ABSTRACT NUMBER 1405 (DENTON COUNTY), WISE AND DENTON COUNTY, TEXAS AND
BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO LNW REAL
ESTATE, LTD: ACCORDING TO THE DEED RECORDED IN VOLUME 4484, PAGE 520,
VOLUME 4484, PAGE 524, AND VOLUME 4484, PAGE 528 DEED RECORDS OF DENTON
COUNTY, TEXAS AND VOLUME 918, PAGE 280, VOLUME 918, PAGE 284 AND VOLUME 918,
PAGE 288, OFFICIAL RECORDS OF WISE COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMM�NCING AT A 60D NAIL FOUND BEING THE MOST EASTERLY SOUTHEAST CORNER
OF SAID LNW TRACT, SAID IRON ROD BEING THE INTERSECTION.OF THE CENTERLINE OF
COUNTY LINE ROAD AND THE EXISTING NORTH RIGHT-OF-WAY LINE OF STATE
HIGHWAY I 14; THENCE, NORTH 00 DEGREES 38 MINUTES 19 SECONDS EAST, 335.40 FEET
"1'O THE POINT OF BEGINNING;
THENCE, NORTH 89 DEGREES 21 MINUTES 41 SECONDS WEST, 1161.98 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 83 DEGREES 17 MINUTES 28 SECONDS WEST, 66.69 FEET TO A 1/2" IRON
ROD SET POR CORNER WITH A RED CAP STAMPED "Rl'LS 2023";
THENCE, NORTH 80 DEGREES 23 MINUTES 42 SECONDS WEST, 66.63 FEET TO A 1/2° IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023 ";
THENCE, NORTH 76 DEGREES 23 MINUTES 49 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 72 DEGREES 23 MINUTES 55 SECONDS WEST, 66.63 FEET TO A lJ2" IRON
ROD SET FOR CORNER WITH A 2ED CAP STAMPED "RPLS 2023";
THENCE, NORTH 68 DEGREES 24 MINUTES 02 SECONDS WEST, 66.63 FEET TO A 112" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
't'I-IENCE, NORT�I 64 DEGREES 24 MINUTES 08 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
ROD SET FOR CORNER WTTH A RED CAP STAMPED "RPLS 2023' ;
THENCE, NORT'H 60 DEGREES 24 MINUTES 15 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 56 DEGREES 24 MINUTES 21 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
Page 1
THENCE, NORTH 52 DEGREES 24 MINUTES 28 SECONDS WEST, 66.63 FEET TO A 1/2° IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 39 DEGREES 35 MINUTES 29 SECONDS EAST, 110.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "Rl'LS 2023", BEING THE BEGINNING
OF A NON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 845.00 AND A LONG
CHORD BEARING NORTH 46 DEGREES 03 MINUTES 39 SECONDS WEST, 128.12 FEET;
THENCE, ALONG SAID CURVE TO THE RIGHT, PASSING THROUGH A CENTRAL ANGLE OF
08 DEGREES 41 MINUTES 43 SECONDS AN ARC LENGTH OF 128.24 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 41 DEGREES 42 MINUTES 48 SECONDS WEST, I 19.51 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 48 DEGREES 17 MINUTES 12 SECONDS WEST, 594.28 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
OF A CURVE TO THE LEFT WTTH A RADTUS OF 495.00 AND A LONG CHORD BEARING
SOUTH 24 DEGREES 16 MINUTES 31 SECONDS WEST, 402.85 FEET;
THENCE, ALONG SAID CURVE TO THE LEFT, PASSING THROUGH A CENTRAL ANGLE OF
48 DEGREES O] MiNUTES 23 SECONDS AN ARC LENGTH OF 414.89 PEET TO A 1/2" IRON
ROD SF.,T FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 00 DEGREES I S MINUTES 49 SECONDS WEST, 53.43 FEET TO A 1/2" IRON
ROD SET FOR CORNER WTTH A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
OF A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 23,038.31 AND A LONG
CHORD BEARING NORTH 89 DEGREES 37 MINUTES 55 SECONDS WEST, 6.33 FEET, SAID
IRON ROD BEING IN THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID STATE
HIGHWAY 114; THENCE, ALONG SAID CURVE TO THE LEFT AND ALONG THE EXISTiNG
NORTH RIGHT-OF-WAY LINE OF SAID STATE HTGHWAY 114, PASSING THROUGH A
CENTRAL ANGLE OF 00 DEGREES 00 MINUTES 57 SECONDS AN ARC LENGTH OF 6.33 FEET
TO A 1 J2" IRON ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023 ";
THENCE, NORTH 89 DEGREES 44 MINUTES 11 SECONDS WEST, CONTINUING ALONG THE
EXISTING NORTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 114, 103.67 FEET TO A
I/2" IRON ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023 ";
THENCE, NORTH 00 DEGREES 15 MINUTES 49 SECONDS EAST, 53.42 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
OF A CURVE TO THE RIGHT WTTH A RADIUS OF 605.00 AND A LONG CHORD BEARING
NORTH 24 DEGREES 16 MINUTES 31 SECONDS EAST, 492.37 FEET;
THENGI,, ALONG SAID CURVE TO THE RIGHT, PASSING THROUGH A CENTRAL ANGLE OF
48 DEGREES 01 MINUTES 23 SECONDS AN ARC LENGTH OF 507.09 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
Page 2
THENCE, NORTH 48 DEGREES 17 MINUTES 12 SECONDS EAST, 1006.77 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 50 DEGREES 33 MINUTES 41 SECONDS WEST, 76.26 FEET TO A� 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THF,NCE, NORTH 57 DEGREES 27 MINUTES 34 SECONDS WEST, 69.02 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTI-� 65 DEGREES 51 MINUTES 53 SECONDS WEST, 107.94 FEET TO A 1/2° IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 19 DEGREES 00 MINUTES 23 SECONDS EAST, 105.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023' ;
THENCE, NORTH l 1 DEGREES 30 MINUTES 43 SECONDS EAST, 50.40 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
"I'HENCE, NORTH 18 DEGREES 30 MINUTES 36 SECONDS EAST, 48.25 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
'I'HENCE, NORTH 48 DEGREES 17 MINUTES 12 SECONDS EAST, 540.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 41 DEGREES 42 MINUTES 48 SECONDS WEST, 650.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
OF A CURVE TO THE LEFT WITH A RADNS OF 975.00 AND A LONG CHORD BEARING
NORTH 44 DEGREES 13 MINUTES 03 SECONDS WEST, 85.20 FEET;
THENCE, ALONG SAID CURVE TO THE LEFT, PASSING THROUGH A CENTRAL ANGLE OF
OS DEGREES 00 MINUTES 30 SECONDS AN ARC LENGTH OF 85.23 FEET TO A 1/2" IRON ROD
SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023' ;
THENCE, NORTH 46 DEGREES 43 MINUTES 18 SECONDS WEST, 174.26 FEET TO A 1/2" IRON
ROD SET FOR CORN�R WITH A RED CAP STAMPED "RPLS 2023' ;
THENCE, SOUTH 43 DEGREES 16 MINUTES 42 SECONDS WEST, 105.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 46 DEGREES 43 MINUTES 18 SECUNDS EAST, 120.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WTTH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 48 DEGREES 17 MINUTES 12 SECONDS WEST, I 83.67 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, 391.64 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
Page 3
`I'HENCE, NORTH 46 DEGREES 43 MINUTES 18 SECONDS WEST, 141.38 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMI'ED "RPLS 2023", BEING THE BEGINNTNG
OF A NON-TANGENT CURVE TO THE LEFT WTTH A RADTUS OF 215.00 AND A LONG CHORD
BEARING SOUTH 27 DEGREES 38 MINUTES 49 SECONDS WEST, 66.93 FEET;
THENCE, ALONG SAID CURVE TO THE LEFT, PASSTNG THROUGH A CENTRAL ANGLE OF
17 DEGREES 54 MINUTES 30 SECONDS AN ARC LENGTH OF 67.20 FEET TO A 1/2" IRON ROD
SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 71 DEGREES 18 MINUTES 27 SECONDS WEST, 132.15 FEET TO A U2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023 ";
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, 147.83 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
TI-IENCE, NORTH 89 DLGREES 23 MINUTES 27 SECONDS WEST, 105.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
1'HENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, 44.85 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 89 DEGREES 23 MINUTES 27 SECONDS WEST, 50.00 FEET TO A 1/2" TRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, 76.58 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 89 DEGREES 23 MINUTES 27 SECONDS WEST, 123.11 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING IN THE EAST LINE
OF A TRACT OF LAND CONVEYED TO DAN NANCE ACCORDING TO THE DEED RECORDED
IN VOLUME _, PAGE _, D.R.W.C.T.;
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, ALONG THE EAST LINE OF
SAID NANCE TRACT, 487.00 FEET TO A 1/2" IRON ROD SET FOR CORNER WITH A RED CAP
STAMPED "RPLS 2023";
THENCE, NORTH 48 DEGREES 17 MINUTES 12 SECONDS EAST, 223.27 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED °RPLS 2023";
THENCE, SOUTH 41 DEGREES 42 MINUTES 48 SECONDS EAST, 160.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 48 DEGREES 17 MINUTES 12 SECONDS WEST, 1333 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
OF A CURVE TO THE LEFT WITH A RADIUS OF 275.00 AND A LONG CHORD BEARING
SOUTH 46 DEGREES 22 MINUTES 35 SECONDS WEST, 18.33 FEET;
Page 4
THENCE, ALONG SAID CURVE TO THE LEFT, PASSING THROUGH A CENTRAL ANGLE OF
03 DEGREES 49 MINUTES 14 SECONDS AN ARC LENGTH OF 18.34 FEET TO A 1/2" IRON ROD
SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 46 DEGREES 43 MINUTES 18 SECONDS EAST, 1180.80 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 41 DEGREES 42 MINUTES 48 SECONDS EAST, 760.58 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 57 DEGREES 02 MINUTES 26 SECONDS EAST, 256.87 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 48 DEGREES 10 MINUTES 52 SECONDS EAST, 89.33 FEET TO A U2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 4l DEGREES 42 MINUTES 48 SECONDS EAST, �1002.94 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOUTH 89 DEGREES 21 MINUTES 41 SECONDS EAST, 40.00 FEET TO A U2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "Rl'LS 2023", BEING IN THE
CENTERLINE OF SAID COUNTY LiNE ROAD;
THENCE, SOUTH 00 DEGREES 38 MINUTES 19 SECONDS EAST, ALONG THE CENTERLTNE
OF SAID COUNTY LINE ROAD, 831.95 FEET TO THE POINT OF BEGINNTNG.
THE TRACT OF LAND HEREIN DESCRIBED CONTAINS 78.608 ACRES OF LAND.
"!'O BE KNOWN AS:
LOTS 25-28, BLOCK 5; LOTS 1-17, BLOCK 6; LOTS 1-9, BLOCK 7; LOT 17, BLOCK 10;
LOTS 15-16, BLOCK 11; LOTS 1-33, BLOCK 12; LOTS 1-36, BLOCK 13; LOTS 1-32, BLOCK
14; LOTS 1- 16, BLOCK 15; LOTS 1-27, BLOCK 16; LOTS 1-13, BLOCK 17; LO.TS 1-5, BLOCK
18; LOTS 1-22, BLOCK 19; LOTS 1-20, BLOCK 20; LOTS 1-29, BLOCK 21; LOTS 1-20, BLOCK
22; LOTS 1-34, BLOCK 23, LOTS 1-9, BLOCK 24
S�-IALE CREEK
AN ADDITION TO DENTON AND WISE COUNTY, TEXAS AND DO HEREBY DEDICATE TO
THE PUBLIC ALL RIGHTS-OF-WAY AND EASEMENTS AS SHOWN ON THE PLAT.
Page 5
STATE OF TEXAS
COUNTY OF WISE
KNOW ALL MEN BY THESE PRESENTS THAT SHALE 114, L.P. IS THE OWNER OF
THE FOLLOWING DESCRIBED PROPERTY TO WIT:
BEING A TRACT OF LAND SITUATED IN THE SMITH COUNTY SCHOOL LAND
SURVEY, ABSTRACT NUMBER 743, AND THE WILLIAM WALLACE SURVEY,
ABSTRACT NUMBER 1434, BOTH OF WISE COUNTY, TEXAS, AND BEING A
PORTION OF THAT TRACT OF LAND CONVEYED TO SHALE 114, L.P. BY DEED
RECORDED IN INSTRUMENT NUMBER 2004-90440 OF DEED RECORDS, DENTON
COUNTY, TEXAS AND VOLUME 1445, PAGE 144 OF OFFTCIAL RECORDS, WISE
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOVJS;
BEGINNING AT A 1/2 INCH IRON ROD FOUND AT THE WESTERLY MOST SOUTH
CORNER OF LOT 1, BLOCK 7, SHALE CREEK PHASE 1, AN ADDITION TO THE CITY
OF FORT WORTH AS RECORDED 1N CABINET B, SLIDE 336 OF PLAT RECORDS;
WISE COUNTY, TEXAS AND CABINET V, SLIDE 374 OF COUNTY RECORDS,
DENTON COUNTY, TEXAS AND BEING A POINT TN THE NORTHERLY RIGHT-OF-
WAY OF AZURE HEIGHTS PLACE (A 50' RIGHT-OF-WAY);
THENCE S 10°58'06"W, 50.40 FEET WTTH A WESTERLY L1NE OF SAID SHALE CREEK
PIIASE 1 TO A 5I8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER
BURGESS" SET IN THE SOUTHERLY RIGHT-OF-WAY OF SAID AZURE HEIGHTS
PLACE;
THENCE S 18°27'47"W, 105.00 FEET WITH A WESTERLY LINE OF SAID SHALE
CREEK PHASE 1 TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER
BURGESS" SET;
Z'HENCE S 66°24'30"E, 107.94 FEET WITH A SOUTHERLY LINE OF SAID SHALE
CREEK PI-�ASE 1 TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER
BURGESS" SET;
THENCE S 58°00'11"E, 69.02 FEET WITH A SOUTHERLY LINE OF SAID SHALE CREEK
PHASE 1 TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER
BURGESS" SET;
THENCE S 51 °06' 18"E, 76.26 FEET WITH A SOUTHERLY LINE OF SAID SHALE CREEK
PHASE 1 TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER
BURGESS" SET IN THE WESTERLY RIGHT-OF-WAY OF SHALE CR.EEK BOULEVARD
(A 110.00' RIGHT-OF-WAY);
Page 1
THENCE S 47°44'36"W, 895.47 FEET WITH THE SAID RIGHT-OF-WAY OF SHALE
CREEK BOULEVARD TO A 5/81NCH IRON ROD WITH YELLOW CAP STAMPED
"CARTER BURGESS" SET;
THENCE N 35°17'47"W, 186.06 FEET, DEPARTING SAID RIGHT-OF-WAY OF SHALE
CREEK BOULEVARD TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
``CARTER BURGESS" SET;
THENCE N 73°08'42"W, 82.28 FEET TO A 5/81NCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET;
THENCE N 78°ST29"W, 178.51 FEET TO A 5/8 INCH IRON ROD WTTH YELLOW CAP
STAMPED "CARTER BURGESS" SET;
THENCE N 21 ° 13'24"W, 51.79 FEET TO A WESTERLY CORNER OF SAID SHALE 114,
L.P. TRACT AND THE SOUTHEASTERLY CORNER OF THAT TRACT DESCRIBED TO
DANIEL L. NANCE AS RECORDED 1N VOLUME 694, PAGE 34, OF DEED RECORDS,
WISE COUNTY TEXAS AND A 5/8 INCH IRON ROD WTTH YELLOW CAP STAMPED
"CARTER BURGESS" SET;
THENCE N 00°03'53"E, 869.79 FEET WITH WESTERLY LINE OF SAID SHALE 114, L.P.
TRACT AND EASTERLY LINE OF SAID DANIEL L. NANCE TRACT AND THE
EASTERLY LINE OF THAT TRACT DESCRIBED TO DANTEL L. NANCE AND WTFE
BARBARA A. NANCE AS RECORDED IN VOLUME 432, PAGE 357, OF DEED
RECORDS, WISE COUNTY TEXAS AND A 5/8 1NCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET;
THENCE S 89°56'S1"E, 113.46 FEET, DEPARTING SAID WESTERLY LINE, TO A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" SET;
THENCE S 46°54'46"E, 14.65 FEET TO A 5/8 IN�H IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET AND THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT;
THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
391.40 FEET, THROUGF-I A CENTRAL ANGLE OF 81°32'S0", HAVING A RADIUS OF
275.00 FEET, THE LONG CHORD OF WHICH BEARS S 45°45'35"E, 359.19 FEET TO A
5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" SET;
THENCE N 03°53'37"E, 50.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET AND THE BEGINNING OF A NON-TANGENT
CLJRVE TO THE LEFT;
THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
12.43 FEET, THROUGH A CENTRAL ANGLE OF 03°09'S6", HAVING A RADIUS OF
I'age 2
225.00 FEET, THE LONG CHORD OF WHICH BEARS S 88°12'42"E, 12.43 FEET TO A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" SET;
THENCE S 89°47'32"E, 239.43 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET AND THE BEGINNING OF A CURVE TO THE
RIGHT;
TF-IENCE WITH SAID CURVE TO THE RIGHT, AN ARC DTSTANCE OF 48.74 FEET,
THROUGH A CENTRAL ANGLE OF 03°40'S0", HAVING A RADIUS OF 758.73 FEET,
THE LONG CHORD OF WHICH BEARS S 87°STOS"E, 48.73 FEET TO A 5/8 INCH IRON
ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" SET; .
THENCE N 54°16'22"E, 15.54 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET AND THE BEGTNNING OF A NON-TANGENT
CURVE TO THE RIGHT;
THENCE WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
22.93 FEET, THROUGH A CENTRAL ANGLE OF 06°14'32", HAVING A RADIUS OF
210.48 FEET, THE LONG CHORD OF WHICH BEARS N 18°55'46"E, 22.92 FEET TO A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" SET;
1'HENCE S 67°56'S9"E, 50.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET AND THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT;
THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
9.41 FEET, THROUGH A CENTRAL ANGLE OF 03°21'36", HAVING A RADIUS OF
160.48 FEET, THE LONG CHORD OF WHICH BEARS S 20°22' 14"W, 9.41 FEET TO A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" SET;
THENCE S 31°59'32"E, 13.23 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET AND THE BEGINNING OF A NON-TANGENT
C:URVE TO TH� RIGHT;
THENCE WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
115.81 FEET, THROUGH A CENTRAL ANGLE OF 08°44'44", HAVING A RADIUS OF
758.73 FEET, THE LONG CHORb OF WHICH BEARS S 76°24'21"E, 115.70 FEET TO THE
POINT OF BEGINNTNG AND CONTAINING 677,315 SQUARE FEET OR 15.549 ACRES
OF LAND MORE OR LESS.
TO BE KNOWN AS:
LOTS 1-12, 12X, BLOCK 1; LOTS 1-10, BLOCK 2;
AND LOTS 12-24, BLOCK 5
SHALE CREEK
Page 3
AN ADDITION TO WISE COUNTY, TEXAS AND DO HEREBY DEDTCATE TO THE
PUBLIC USE FOREVER THE EASEMENTS AND RTGHTS-OF-WAY AS SHOWN
HEREON. ALL EASEMENTS & RIGHTS-OF-WAY TO BE MAINTAINED BY WISE
COUNTY.
Page 4
STATE OF TEXAS
COUNTY OF WTSE
BEING A TRACT OF LAND SITUATED IN THE SMITH COUNTY SCHOOL LAND SURVEY,
ABSTRACT NUMBER 743, WISE COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT
OF LAND CONVEYED TO SHALE 114. L.P. BY DEED RECORDED IN VOLUME 1445, PAGE 144
OF OFFICIAL RECORDS, WISE COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGTNNING AT 1/2 INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK
24 SHALE CREEK PHASE 1, AN ADDITION TO WISE AND DENTON COUNTIES AS RECORDED
IN CABINET B, SLIDE 336 OF THE PLAT RECORDS, WISE COUNTY, TEXAS,
THENCE S 89°56'S6"E, 123.11 FEET TO A 1/2 INCH IRON ROD FOLTND;
THENCE S 00°03'09"E, 76.56 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
`I'HENCE S 89°56'S1 "E, 50.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
THENCE S 00°03' 09"W, 44.86 FEET TO A S/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
TI-IENCE S 89°56'S1 "E, 105.00 FEET TO A 1/2 INCH IRON ROD FOIJND;
THENCE S 00°03'09"W, 147.84 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
THENCE S 71 °51'21 "E, 132.15 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
RIGHT AND A 1/2 INCH T RON ROD FOUND;
THENCE WITI-I SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 67.20
FEE"I', THROUGH A CENTRAL ANGLE OF 17°54'36", HAVING A RADIUS OF 215.00 FEET, THE
LONG CHORD OF WHICH BEARS N27°OS'22"E, 66.93 FEET TO A 1/2 INCH IRON ROD FOUND;
THENCE S 47°16'40"E, 14138 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
THENCE S 00°03' 1 0"W, 391.64 FEET TO A 1/2 INCH IRON ROD FOUND;
THENCE N 47°43'47"E, 183.67 FEET TO. A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
"I'HENCE N 47° 16'34"W, 120.00 FE�T TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
Page 1
`I'HENCE N 2°43'36"E, 105.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
THENCE S 47° 16'45 "E, 174.26 FBET TO THE BEGINNING OF A CURVE TO THE RIGHT AND A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED "JACOBS" SET;
THENCE WTTH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 85.23 FEET, THROUGH A
CENTRAL ANGLB OF OS°00'30", HAVING A RADIUS OF 975.00 FEET, THE LONG CHORD OF
WHICH BEARS S 44°46'3 5"E, 85.20 FEET TO AS/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "JACOBS" SET;
THENCE S 42°16'10"E, 650.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET; .
THENCE S 47°43'S3"W, 540.41 FEET TO A 1/2 INCH IRON ROD FOUND;
"I'HENCE S 17°ST 56"W, 48.24 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEFT AND A I/2 INCN IRON ROD FOUND;
THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 115.82
FEET, THROUGH A CENTRAL ANGLE OF 08°44'47", HAVING A RADIUS OF 758.73 FEET, THE
LONG CHORD OF WHTCH BEARS N 76°24'34"W, 115.71 FEET TO A 5/8 INCH IRON ROD WITH
YELLOW CAP STAMPED "CARTER BURGESS" FOUND;
THENCE N 31 °59'46"W, 13.23 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEFT AND A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS"
FOUND;
THENCE WTTH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 9.41
FEET, THROUGH A CENTRAL ANGLE OF 03°21'36", HAVING A RADIUS OF 160.48 FEET, THE
LONG CHORD OF WHTCH BEARS N 20°23'S7'B, 9.41 FEET TO A 5/8 INCH IRON ROD WITH
YELLOW CAP STAMPED "CARTER BURGESS" FOUND;
THENCE N 67°56'S9"W, 50.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEFT AND A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS"
FOUND; -
THENCE WITH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DTSTANCE OF 22.93
FEET, THROUGH A CENTRAL ANGLE OF 06°14'34", HAVING A RADIUS OF 210.48 FEET, THE
LONG CHORD OF WHICH BEARSS 18°56'27"W, 22.92 FEET TO A 5/8 INCH TRON ROD WITH -
YELLOW CAP STAMPED "CARTER BURGESS" FOUND,
THENCE S 54°16'25"W, 15.53 FEET TOTHE BEGINNiNG OF A NON-TANGENT CURVE TO THE
LEFT AND A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS"
FOUND,
THENCE WTTH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 48.74
FEET, THROUGH A CENTRAL ANGLE OF 03°40'S0", HAVING A RADIUS OF 758.73 FEET, THE
Page 2
LONG CHORD OF WHICH BEARS N 87°�57'O1 "W, 48.73 FEET TO A 5/8 INCH IRON ROD WITH
YELLOW CAP STAMPED "CARTER BURGESS" FOUND,
THENCE N 89°47'33 "W, 239.44 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT AND A
5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" FOUND,
THENCE WTTH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OP 12.43 FEET, THROUGH A
CENTRAL ANGLE OF 03°09'S9", HAVING A RADIUS OF 225.00 FEET, THE LONG CHORD OF
WHICH BEARS N88°12'40"W, 12.43 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" FOUND,
THENCE S 03°53'37"W, 50.00 FEET TO THE BEGTNNING OF A NON-TANGENT CURVE TO THE
RIGHT AND A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS"
FOUND,
THENCE WITH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 391.41
FEET, THROUGH A CENTRAL ANGLE OF 81 °32'S6", HAVING A RADNS OF 275.00 FEET, THE
LONG CHORD OF WHICH BEARS N 45°45' 3 I"W, 359.20 FEET TO A 5/8 INCH IRON ROD W1TH
YELLOW CAP STAMPED "JACOBS" SET,
THENCE N 46°54' 46"W, 14.65 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
THENCE N 89°56'S1 "W, 113.46 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
THENCE N 00°03'09"E, 1276.51 FEET TO THE POINT OF BEGINNING AND CONTAINING
1,150,593 SQUARE FEET OR 26.414 ACRES OF LAND, MORE OR LESS.
TO BE KNOWN AS: �
LOTS 1-19, BLOCK 3; LOTS 10-19, BLOCK 7; LOTS 1-31, SX, BLOCK 8; LOTS 1-29, BLOCK 9;
LOTS 1-16, BLOCK 10; LOTS 1-14,17-27, BLOCK 11
SHALE CREEK
AN ADDITION TO WISE COUNTY, TEXAS AND DO HEREBY DEDICATE TO THE PUBLIC ALL
RIGHTS-OF-WAY AND EASEMENTS AS SHOWN ON THE PLAT.
Page 3
Exhibit C
Legal Description of Shale Creek Development
STATE OF TEXAS
DENTON AND 'WISE COUNTIES
BEING A TRACT OF LAND SITUATED IN THE SMITH COUNTY SCHOOL LAND SURVEY,
nBSTRACT NUMBER 743 (WISE COUNTY), ABSTRACT NUMBER 1137 (DENTON COUNTY)
nND THT WILLIAM WALLACE SURVEY, ABSTR.ACT NUMBER 1434 (WISE COUNTY),
AC3STRACT NUMBER 1405 (DENTON COUNTY), WISE AND DENTON COUNTY, TEXAS AND
I3EING n PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED TO LNW REAL
BS"I'ATE, LTD: ACCORDING "I'O TI�E DEED RECORDED IN VOLUME 4484, PAGE 520,
VOLUME 4484, PAGE 524, AND VOLUIvIE 4484, PAGE 528 DEED RECORDS OF DENTON
COUNTY, TEXAS AND VOLUME 918, PAGE 280, VOLUME 918, PAGE 284 AND VOLUME 918,
PAGE 288, OFFICIAL RECORDS OF WISE COUNTY, TEXAS AND BEING MORE
PARTiCULARLY U�SCRIBED AS FOLLOWS:
COMMENCTNG AT A 60D NAIL FOUND BF.ING THE MOST EASTERLY SOUTHEAST CORNER
OF SAID LNW TRAC`I', SAID IRON ROD BEING THE INTERSECTION OF THE CENTERLINE OF
COUNTY r,INE ROAD AND THE EXISTING NORTH RIGHT-OF-WAY LINE OF STATE
f-fCGHWAY 1 14; THENCE, NORTH 00 DEGREES 38 MINUTES 19 SECONDS EAST, 335.40 FEET
'I'O THE POINT UF I3EGINNING;
THLNCC, NURTH 89 DI:GREES 21 MINUTES 41 SECONDS WEST, 1161.98 FEET TO A lY2" IRON
IZOU SCT FOR CORNI:R W1TH A RED CAP STAMPED "RPLS 2023";
THENCE,. NORTH 83 DLGREES 17 MINUTES 28 SECONDS WEST, 66.69 FEET TO A I/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NOR"I'H 80 DEGRE�S 23 MINUTES 42 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
IZOU SET I=OR CORNCR WITH A RED CAP STAMPED "RPLS 2023";
"1'I-IENCF, NORTH 76 DEGREES 23 MINUTES 49 SECONDS WES"I', 66.63 FEET TO A 1/2" IRON
ROD SE"I' FOR CORNER W(TH A RED CAP STAMPED "RPLS 2023";
"I�HENCL, NOR`I'H 72 DEGRECS 23 MiNUTES 55 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
IZOD SLT FOR CORNTR WITI-I A RED CAP S'I'AMPED "RPLS 2023";
THENCI:, NORTH 68 DEGREES 24 MINUTES 02 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
ROD SE'I' 1=0R CORNER WITH A RED CAP STAMPED "RPLS 2023";
"1'1-IENCE, NORTH 64 DEGRETS 24 MINUTES 08 SECONDS WEST, 66.63 FEET TO A 172" IRON
IZOD SCT FOR CORN�R WI"I'E-i A RED CAP STAMPED "RPLS 2023";
'1'1-[I;NCL, NORTFI 60 DEGRLES 24 MINUTES 15 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023' ;
`I,HENCE, NORTT-I 56 DEGRE�S 24 MTNUTES 21 SECONDS WEST, 66.63 FEET TO A 1/2" IRON
ROD SET I'OR CORNLR WITH A fZED CAP STAMPED "RPLS 2023";
Page 1
"I'HENCE, NORTH 52 DEGREES 24 MINUTES 28 SECONDS WEST, 66.63 FEET TO A 112" IRON
ROD S�"I' FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
'I'I-IENCE, NORTI-I 39 DEGREES 35 MINUTES 29 SECONDS EAST, 110.00 FEET TO A I/2" IRON
ROD SET POR CORNER WITH A RED CAP STAMPED "RPLS 2023", BE1NG THE BEGINNING
OI� A NON-TANGENT CURVE TO THE RIGHT WiTH A RADIUS OF 845.00 AND A LONG
CHORD BEARING NORTF-I 46 DEGREES 03 MINUTES 39 SECONDS WEST, 128.12 FEET;
THENCE, ALONG SAID CURVE TO THE RIGHT, PASSING THROUGH A CENTRAL ANGLE OF
U8 I�EGREES 41 MINUT�S 43 SECONDS AN ARC LENGTH OF 128,24 FEET TO A 1/2" IRON
RUD SET FOR CORNER WITI-I A R�D CAP STAMPED "RPLS 2023";
"I'HLNCE, NORTH 41 DEGRI�ES 42 MINUTES 48 SECONDS WEST, l 19.51 FEET TO A 1/2" IRON
RUU SE"I' POR CORNER WITH A RED CAP STAMPED "RPLS 2023";
'1't-IENCE, SOUTH 48 DEGRLES 17 MINU'I'ES 12 SECONDS WEST, 594.28 FEET TO A l/2" IRON
ROU SE7' }�OR CORNER WI`['H A RED CAP S"I'AMPED "RPLS 2023", BEING THE BEGINNING
OF A CURVE �I'O TI-IE LEI�T WITI-1 A RADIUS OF G95.00 AND A LONG CHORU BEARING
SOUTI-1 24 DEGRL;ES 16 MINU"I'ES 31 SECONDS WEST, 402.85 FEET;
"!'FIENCE, ALONG SAID CURVE TO THE LEFT, PASSING THROUGH A CENTRAL ANGLE OF
48 DEGREES 01 MINUT�S 23 SF,CONDS AN ARC LENGTH OF 414.89 PEET TO A 1/2" iRON
EZOD SE"I' I�OR CORNLK WI'l�H A RED CAP STAMPED "RPLS 2023";
'f'}-lENCE, SOU"I'I-I 00 DEGREES 15 MINUTES 49 SECONDS WEST, 53.43 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING THE BEGTNNTNG
OF A NON-TANGENT CURVE TO TI-�E LEFT W1TH A RADIUS OF 23,038.31 AND A LONG
CHORD BEARING NORTH 89 DEGREES 37 MINUTES 55 SECONDS WEST, 633 FEET, SAID
(RON ROD BE1NG iN THL EXISTING NORTH RIGHT-OF-WAY LINE OF SATD STATE
I-IIGHWAY 1 14; 'I'I-IENCE, ALONG SAID CURVE TO THE LEFT AND ALONG THE EXISTING
NORTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 114, I'ASSING THROUGH A
CI;NTRAL ANGLE Or 00 DLGREES 00 MINUTES 57 SECONDS AN ARC LENGTH OF 6.33 FEET
"I'O A 1/2" IRON ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 89 DEGREES 44 MINUTES 11 SECONDS WEST, CONTINUING ALONG THE
I;XISTING NORTI-{ RIGH'I'-OF-WAY LINE OF SAID STATE HIGHWAY 114, 103.67 FEET TO A
U2" IRON ROD SET FOR CORNER WI'I'H A RED CAP STAMPED "RPLS 2023";
'I'I-IENCI:, NORTH 00 DEGREES 15 MINU'I'BS 49 SECONDS Et1ST, 53.42 FEET TO A I/2" IRON
ROD SE7' FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
Of� A CURVE TO THE RIGHT WTTH A RADIUS OF 605.00 AND A LONG CHORD BEARING
NORT1-1 24 DEGREES l6 MINUTES 31 SECONDS EAST, 492.37 FEET;
THENCI�, ALONG SATD CURVC TO THE RIGHT, PASSING THROUGH A CENTRAL ANGLE OF
48 DEGREES 01 MINU"I`ES 23 SECONDS AN ARC LENGTH OF 507.09 FEET TO A 1!2" IRON
[ZUD SI�I' I�OR CURNER WITi-I A RED CAP STAMPED "RPLS 2023";
Page 2
"['1-1ENCE, NORTI-f 48 DF.,GREES 17 MINUTES 12 SECONDS EAST, 1006.77 FLET'I'O A I/2" IRON
RUD SE'I' FOR CORNER WITH A RCD CAP STAMPED "RPLS 2023";
Tt-iENCE, NORTH 50 DEGREES 33 MINUTES 41 SECONDS WEST, 76.26 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
'I'}-IENCE, NORTH 57 DCGREES 27 MINUTES 34 SECONDS WEST, 69.02 FEET TO A 1/2" IRON
ROD SET FOR CORN�K WTTI-� A RED CAP STAMPED "RPLS 2023";
"1'E-tENCE, NOR`I'H 65 DEGRECS S 1 MINUTES 53 SECONDS WEST, I 07.94 FEET TO A 1/2" TRON
ROD SIaT FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
'fHENCI_;, NORTH 19 DEGRF,ES 00 MINUTES 23 SECONDS EAST, 105.00 FEET TO A 1/2" IRON
ROD SF.,"I' FOR CORNER WtTI-I A RED CAP STAMPED "RPLS 2023";
"I'1-[ENCI,, NORTI-I l] DEGR�ES 30 MINU'I'ES 43 SECONDS EAST, 50.40 FEET TO A 1/2" IRON
ROD SCT I�OR CORNLR WITH A RI:D CAP STAMPED "RPLS 2023";
TI-II;NCI:, NORTI-I 18 DEGREES 30 MINU'I'ES 36 SECONDS EAST, 4825 T�EET TO A I/2" IRON
ROD SET TOIZ CORNER WITH A RED CAP STAMPED "RPLS 2023' ;
'I'HI;NCE, NORTH 48 D�UREES 17 MTNUTES 12 SECONDS EAST, 540.00 FEET TO A l/2" IRON
ROD SLT I�OR CORNER WI'I'H A RED CAP STAMPED "RPLS 2023";
"1'(-ILNCC, NORT�-I 41 DEGREL-'S 42 MINUTES 48 SECONDS WEST, 650.00 FEET TO A 1/2" IRON
[ZOD SI;T rOR CORNER WI"I'H A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
OF A CURVE TO'I'HE LEFT WITH A RADIUS OF 975.00 AND A.LONG CHORD BEARING
NOR"I'1-I 44 DEGREES 13 MINUTES 03 SECONDS WEST, 85.20 FEET;
THENCC, ALONG SAID CURVE TO THE LEFT, PASSING THROUGH A CENTRAL ANGLE OF
OS DEGRF.ES 00 MINUI'ES 30 SECONDS AN ARC LENGTH OF 85,23 FEET TO A 1/2" IRON ROD
SL"I' FOR CORNER WI"I'H A R�D CAI' STAMPED "RPLS 2023";
TH�,NCE, NORTI-I 46 DLGREES 43 MINUTES 18 SECUNDS WEST, 174.26 FEET TO A 1/2" IRON
ROD SF.'I' FOR CORNF,R WITH A RED CAP STAMpED "RPLS 2023' ;
"1'f-IENCE, SOtJTH 43 DEGREES 16 MINUTES 42 SECONDS WEST, 105.00 FEET TO A 1/2" IKON
ROD SC'1� FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
'I'H13NCE, SOU"I'H 46 DEGREES 43 MINUTES 18 SECONDS EAST, 120.00 FEET TO A 1/2" IRON
ROD SET FOR CORNLR WITI-I A R�D CAP STAMPED "RPLS 2023' ;
"I'HENCE, SOUTH 48 DLGREES l7 MINllTES 12 SECONDS WEST, 183.67 FEET TO A]/2" TRON
ROD SET FOR CORNER WCTi-1 A RED CAP STAMPED "RPLS 2023";
THENCE, NOR"I'H 00 DEGREES 36 MINUTES 33 SECONDS EAST, 391.64 FEET TO A 1/2" IRON
ROD SET }�OR CORNER WITH A RED CAP STAMPED "RPLS 2023";
Page 3
"1'}-IL;NCE, NOR"I'I-1 46 UEGREES 43 MINU'I'ES 18 SECONDS WEST, 141.38 FEET TO A 1/2" IRON
ROD SE'I' I�OR CORN�R WITI-� A RED CAP.STAMPED "RPLS 2023", BEING THE BEGINNING
OF A NON-TANGENT CURVE TO THE LEFT WITH A RADIUS OF 215.00 AND A LONG CHORD
BEARING SOU"I'H 27 DEGREES 38 M7NUTES 49 SECONDS WEST, 66.93 FEET;
"1'HrNCE, ALONG SATD CURVE TO THE LEFT, PASSING THROUGH A CENTRAL ANGLE OF
17 DEGREES 54 MiNUT�S 30 SECONDS AN ARC LENGTH OF 67,20 FEET TO A 1/2" IRON ROD
SE"I' t'OR CORNER WITI-I A RED CAP STAMPED "RPLS 2023";
�'HL-'NCE, NOR`I'H 71 DEGREES 18 MTNUTES 27 SECONDS WEST, 132.15 FEET TO A 1/2" IRON
RUD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
�'HENCE, NORT�I 00 DEGIZEES 36 MINUTES 33 SECONDS EAST, 147.83 FEET TO A 1/2" IRON
ROD SL"I' FOR CORNEK WITH A RED CAP STAMPED "RPLS 2023";
`I'1-II;NCI:, NOKTH 89 DLGREES 23 MINUTES 27 SECONDS WEST, 105.00 FEET TO A 1/2" IRON
ROD SET I�OR CORNER WiTfI A RED CAP STAMPED "RPLS 2023"; .
THF,NCE, NOR`I'N 00 DEGRCES 36 MINUTES 33 SECONDS EAST, 44.85 FEET TO A 1/2" TRON
ROD SET POR CORNER WITH A RED CAP STAMPED "RPLS 2023";
"I'I-fI:NCE, NORTH 89 DI:GREES 23 MINUTES 27 SECONDS WEST, 50.00 FEET TO A 1/2° IRON
ROD SET FOR CORNEIZ WITH A RED CAP STAMPED "RPLS 2023";
THENCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, 76.58 FEET TO A 1/2" IRON
[ZUD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
'1'I-{ENCE, NORTH 89 DEGRECS 23 MINUTES 27 SECONDS WEST, 123.1 ] FEET TO A 1/2" IRON
ROD SCT FOR CORN�R WI"rH A RED CAP STAMPED "RPLS 2023", BEING IN THE EAST LINE
Ot� A'I'RACT OF LAND CONVEYED TO DAN NANCE ACCORDING TO T�-iE DEED RECORDED
fN VOLUME _, PAGE _, D.R.W.C.T.;
Tf-�FNCE, NORTH 00 DEGREES 36 MINUTES 33 SECONDS EAST, ALONG THE EAST LINE OF
SAID NANCE TRACT, 487.00 FEET TO A 1/2" IRON ROD SET FOR CORNER WITH A RED CAP
S�'AMPED "RPLS 2023";
TI-IENCE, NORTH 48 DLGREES 17 MINUTES 12 SBCONDS EAST, 223.27 FEET TO A 1/2" IRON
ROD SET FUR CORNER WITH A RED CAP STAMPED "RPLS 2023' ; ,
TIiI:NC�,, SOU"I'H 41 DLGREES 42 MINU"I'ES 48 SECONDS EAST, 160.00 FEET TO A l/2" IRON
ROD SE"I' FOR CORNER WITH A RED CAP STAMPED "RPLS 2023";
"I'1�1ENCE, SOUTH 48 DEGREES 17 MINUTES 12 SECONDS WEST, 13.33 FEET TO A UZ" IRON
ROD SE"I' FOR CORNER WITN A RED CAP STAMPED "RPLS 2023", BEING THE BEGINNING
OF A CURVE "]'O THE LEFT WITH A RADIUS OF 275.00 AND A LONG CHORD BEARING
SOtJ"I'I-I 46 DEGRE�S 22 MINUTES 35 SECONDS WEST, 18.33 FEET;
Page 4
TH�NCE, ALONU SAID CURV�, TU THE LEFT, PASSING THROUGH A CENTRAL ANGLE OF
03 DEGREES 49 MINUTES 14 SECONDS AN ARC LENGTH OF 18.34 FEET TO A 1/2" TRON ROD
SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023"; �
"1'}-3C:NCE, SOUTH 46 DEGREES 43 MINUTES 18 S�CONDS EAST, 1180.80 FEET TO A 1/2" IRON
fZOD SC�T FOR CORNI:R WT"I�H A RED CAP STAMPED "RPLS 2023";
"('HENCF.., SOCITI-I 41 UEGREES 42 MINUTES 48 SECONDS EAST, 760.58 FEET TO A I/2" TRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "Rl'LS 2023";
THF.,NCE, SOUTH 57 DEGREES 02 MINUTES 26 SECONDS EAST, 256.87 FEET TO A 1/2" IRON
ROD SET FOR CORNFR WITH A RED CAP STAMPED "RPLS 2023";
THENCE, SOU'I'I� 48 DEGREES 10 MrNUTES 52 SECONDS EAST, 89.33 FEET TO A 1/2" IRON
ROU SLT FOR CORNER WITI-I A RED CAP STAMPED "RPLS 2023";
'1'I 1CNCI;, SOUTI-I 41 DEGRI:ES 42 MINUTES 48 SECONDS EAST, 1002.94 F�ET TO � 1/2" IRON
ROD SLT FOR CORNER WITi-I A RED CAP STAMPED "RPLS 2023";
'l�t-IENCI:, SOUTH 89 DEGREES 21 MINUTES 41 SECONDS EAST, 40.00 FEET TO A 1/2" IRON
ROD SET FOR CORNER WITH A RED CAP STAMPED "RPLS 2023", BEING IN THE
CEN`T'LRLINE OF SAID COUNTY LINE ROAD;
"I�HENCE, SOUTII 00 DEGR�ES 38 MTNUTES 19 SECONDS EAST, ALONG THE CENTERLINE
OF SAID COUN"I'Y LINE ROAD, 831.95 FEET TO THE POYNT OF BEGTNNTNG.
"I'I-IE TRACT OF LAND 1�iEREIN DESCRIBED CONTAINS 78.608 ACRES OF LAND.
'['O BE KNUWN AS:
LOTS 25-28, BLOCT{ 5; LOTS 1-17, BLOCK 6; LOTS 1-9, BLOCK 7; LOT 17, BLOCK 10;
LOTS 15-16, BT�OCK 11; LOTS 1-33, IiLOCK 12; LOTS 1-36, BLOCK 13; LOTS 1-32, BY,OCK
t4; LOTS 1- 16, BLOCK 15; LOTS 1-27, BLOCK 16; LOTS 1-13, BT,OCK 17; LOTS 1-5, BLOCK
18; LOTS 1-22, BLOCK 19; LOTS 1-20, BT..00K 20; LOTS 1-29, BY..00K 21; LOTS 1-20, BLOCK
22; LOTS 1-34, BLOCK 23, LOTS 1-9, BLOCK 24
SFIALE CRFEIC
nN ADDI"1'ION Z'O DENTON AND WISE COUNTY, TEXAS AND DO HEREBY DEDiCATE TO
"f�[-IE PUBLIC ALL RIGHTS-OF-WAY AND EASEMENTS AS SHOWN ON THE PLAT.
Page 5
STATE OF TEXAS
COUNT'Y OF 'WISE
KNOW ALL MLN BY THESE PRESENTS THAT SHALE 114, L.P. IS THE OWNER OF
"I'H� FOLLOWING DESCRIBED PROPERTY TO WIT:
I3EING A TRACT OF LAND SITUATED 1N THE SMTTH COUNTY SCHOOL LAND
SIIRVEY, ABSTRACT NUMBER 743, AND THE WILLIAM WALLACE SURVEY,
ABS"I'RACT NUMBER 1434, BOTH OF WISE COUNTY, TEXAS, AND BEING A
PORTION Or THAT TRACT OF LAND CON�IEYED TO SHALE 114, L.P. BY DEED
RECORDED IN INSTRUMENT NUMBER 2004-90440 OF DEED RECORDS, DENTON
COUNTY, `I'EXAS AND VOLUME 1445, PAGE 144 OF OFFTCIAL RECORDS, WTSE
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOtJNDS AS FOLLOWS;
13EGYNNTNCY AT A 1/2 TNCH IRON ROD FOUND AT THE WESTERLY MOST SOUTH
CORNER OF LOT 1, BLOCK 7, SHALE CREEK PHASE l, AN ADDITTON TO THE CITY
OF FORT WORTI� AS RECORDED IN CABINET B, SLIDE 336 OF PLAT RECORDS,
WTSE COUNTY, TEXAS AND CABINET V, SLIDE 374 OF COUNTY RECORDS,
UGNTON COUNTY, T�XAS AND B�TNG A POINT TN THE NORTHERLY RIGi�T-OF-
WAY OF AZURE HEIGHTS PLACE (A 50' RIGHT-OF-WAY);
THENCE S 10°58'U6"W, 50.40 FEE'I' WITH A WESTERLY LINE OF SAID SHALE CREEK
PH�SE 1 TO A 5/8 INCH IRON ROD WTTH YELLOW CAP STAMPED "CARTER
I3URGESS" SET IN TH� SOU'I'HERLY RIGHT-OF-WAY OF SAID AZURE HEIGHTS
PLACE;
"I'IIENCE S 18°27'47"W, 105.00 FEET WITI� A WESTERLY LINE OF SAID SHALE
CREEK PHASE 1 TO A 5/8 INC�-i IRON ROD WITH YELLOW CAP STAMPED "CARTER
BURUESS" SET;
'I'HENCE S 66°24'30"E, 107.94 FEET WTTH A SOUTHERLY LINE OF SAID SHALE
GRLLK PH�SE 1 7'O A 5/8 INCH IRON ROD �VJITH YELLOW CAP STAMPED "CARTER
I3URGESS" SET;
"I'I-�ENC� S 58°UO'11"E, 69.02 FF,ET WITH A SOLJTHERLY LINE OF SAID SHALE CREEK
PI-�ASE 1 TO A 518 INC�-I IRON ROD WITH YELLOW CAl' STAMPED "CARTER
BURCrESS" SET;
`I'I-�LNCE S 51°06'18"E, 76.26 FEET WI1'H A SOUTHERLY LINE OF SAID SHALE CREEK
Pf-IASF., 1 TO A 5/8 INCH IRON ROD WTTH YELLOW CAP STAMPED "CARTER
BURGESS" SET IN THE WESTERLY RIGHT-OF-WAY OF SHALE CREEK BOULEVARD
(A 110.00' RTGHT-OP-WAY);
I'age 1
'1'I-IENCE S 47°44'36"W, 895,47 FEET WITH "rHE SAID RIGHT-OF-WAY OF SHALE
CREEK BOULEVARD TO A 5/8 1NCH IRON ROD WITH YELLOW CAP STAMPED
"CARTER BURGESS" SET;
TH�NCE N 35°17'47"W, 186.06 FEET, DEPARTING SAID RIGHT-OF-WAY OF SHALE
CRELK BOt1L�VARD TU A 5/8 INCI-� IRON ROD WITH YELLOW CAl' STAMPED
"CARTER BURGESS" SET;
TH�NCF, N 73°O8'42"W, 82.28 FEET TO A 5/8 1NCH IRON ROD WITH YELLOW CAP
STAM�'ED "CARTER BIJRGESS" SET;
THENCE N 78°ST29"W, 178.51 FEET TO A 5/8 INC�-I IRON ROD WITH YELLOW CAP
STAMPED "CAR'I'ER BURGESS" SET;
"I�I-IENCE N 21°13'24"W, 51.79 FEE'I"I'O A WESTERLY CORNER OF SAID SHALE 114,
L.P. TRACT AND TI-IE SOUTH�ASTERLY CURNER OF THAT TRACT DESCRIBED TO
DANIEL L. NANCE AS R�CORDED IN VOLUNIE 694, PAGE 34, OF DEED RECORDS,
WISL COUN'I'Y TEXAS AND A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"CARTER BURGESS" S�T;
"I'I IENCE N 00°03'S�"E, 869.79 FEET WITH WESTERLY LINE OF SATD SHALE 114, L.P.
'i'RACT AND EASTERLY LINE OF SAID DANIEL L. NANCE TRACT AND THE
LASTrRLY LINE OF THAT TRACT DESCRIBED TO DANIEL L. NANCE AND WTFE
�3ARBARA A. NANCE AS RECORDED IN VOLUME 432, PAGE 357, OF DEED
RECORDS, WISE COUNTY TEXAS AND A 5/8 INCH TRON ROD WITH YELLOW CAP
S"I'AMPED "CARTER BURG�SS" SET;
"I��-�ENCE S 89°56'51"E, 113.46 FEET, DE�'ARTING SAID W�STERLY LINE, TO A 5/8
INCI-I IRON ROD WTTT-I YELLOW CAl' STAMPED "CARTER BURGESS" SET;
"I,I-IENC� S 46°54'46"E, 14.65 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
S�I'AMPED "CARTER BURGESS" SET AND THE BEGINNTNG OF A NON-TANGENT
CURVE "I'O TI-�E LEI'T;
'1'I-IENCL WITH St1ID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
391.40 FLLT, TIIROUGH A CENTRAL ANGLE OF 81°32'S0", HAVING A RADIUS OF
275.00 I�E�T, T�TE LONG CHORD OF WHICH BEARS S 45°45'35"E, 359.19 FEET TO A
5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" SET;
'I'HLNCE N 03°53'37"E, 50.00 FEE'I� `I,O A 5/8 rNCH IRON ROD WITII YELLOW CAP
S1'AMPED "CAR'I'EK BURGESS" SET AND THE BEGINNING OF A NON-TANGENT
CUIZVE TO THE LEFZ';
"I'I-IENCE WTTH SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF
12.43 FLE"I', 'I'HROUGH A CFNTRAL ANGLE OF 03°09'S6", HAVING A RADIUS OF
Page 2
225.00 FEET, T�-IL LONG CHORD OF WHICH BEARS S 88°12'42"E, 12.43 FEET TO A 5/8
INCI-I IRON ROD WI"I'H YELLOW CAP STAMPED "CARTER BURGESS" SET;
TI-IENC� S 89°47'32"E, 239.43 FEET TO A 5/8 TNCH IRON ROD WITH YELLOW CAP
S`I'AMPED "CARTER BIJRGLSS" SET AND THE BEGINNING OF A CURVE TO THE
RIGHT;
`I'I--IENCE WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 48.74 FEET,
'1'HROUGH A CENTRA.L ANGLE OF 03°40'S0", HAVING A R.ADTUS OF 758.73 FEET,
"I,HE LONG CHORD OF WHICH BEARS S 87°57'OS"E, 48.73 FEET TO A 5/81NCH TRON
ROD WITH YELLOW CAl' STAMPED "CARTER BURGESS" SET;
"1'HLNCE N 54° 16'22"E, 15.54 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
STAMPED "CARTER BURGESS" SET AND THE BEGINNING OF A NON-TANGENT
CUTZVE TO "I'HE RIGHT;
'I'IIENCE WTTH SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF
22.93 FEL�I�, THRODUH A CENTRAL ANGLE OF 06°14'32", HAVING A RADIUS OF
210.48 FELT, THF_, LONG CHORD OF WHICH BEARS N 18°55'46"E, 22.92 FEET TO A 5/8
INCH IRON ROD WITH YEI,LOW CAP STAMPED "CARTER BURGESS" SET;
Ti-iI�NCE S 67°56'S9"E, 50.00 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
S'I'AMPED "CARTER BURGESS" SET AND THE BEGTNNING OF A NON-TANGENT
CURVL TO THE LEFT;
"I'I-I�NCE WI"I'�-I SAID NON-'I'ANGENT CURVE TO THE LE�T, AN ARC DISTANCE OF
9.41 FE�T, TIIROUG-H A CENTRAL ANGLE OF 03°21'36", HAV7NG A RADIUS OF
160.48 rEET, THE LONG CHORD OF WHICII BEARS S 20°22' 14"W, 9.41 FEET TO A 5/8
INCI-I IRON ROD WI'I'II YELLUW CAP STAMPED "CARTER BURGESS" SET;
'I'HENCF S 31 °59'32"E, 13.23 FE�T TO A 5/8 TNCH IRON ROD WITH YELLOW CAP
STAMPED "CART�R BURGESS" SE I' AND THE BEGINNING OF A NON-TANGENT
CtJIZV� TO 'I'I-IF., RTGHT;
'1'I-I�NCE WT'I'H SAID NON=1'ANGLNT CURVE TO THE RIGHT, AN ARC DISTANCE OF
115.81 FEET, T�-iKOUGH A CENTRAL ANGLE OF 08°44'44", HAVTNG A RADTUS OF
758.73 FE�T, THE LONG CI-�ORD OF WHICH BEARS S 76°24'21"E, 115.70 FEET TO THE
POYNT OF T3EGINNTNG AND CONTAINING 677,315 SQUARE FEET OR 15.549 ACRES
OF LAND MORE OR LESS.
"I'U BE KNOWN AS:
Y.,OTS 1-12, 12X, BLOCK 1; LOTS 1-10, BLOCK 2;
AND LOTS 12-24, BLOCK 5
SHALE CREEK
Page 3
AN ADDITION TO WIS� COUNTY, TEXAS AND DO HEREBY DEDICATE TO THE
P�JBLIC USE FOREVER TI-IE EASEMENTS AND RIGHTS-OF-WAY AS SHOWN
I-ILREON. ALL EASEMENTS & RIGHTS-OF-WAY TO BE MAINTAINED BY WISE
COUNTY.
Page 4
STATE OF TEXAS
COYTNTY OF WISE
E3EING A TRACT OF LAND SITUATED IN THE SMITH COUNTY SCHOOL LAND SURVEY,
ABSTRACT NUMBER 743, WISE CUUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT
OF LAND CONVEYED 1'O SHALE l 14. L.P. BY DEED RECORDED IN VOLUME 1445, PAGE 144
OF OFFICIAL RECOKDS, WISE COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED I3Y METES AND BOUNDS AS FOLLOWS:
BEGINNTNG AT 1/2 INCH IRON ROD FOUND AT THE SOUTHWEST CORNER OF LOT 1, BLOCK
24 SI-IALE CREEK PHASE l, AN ADDITION TO WISE AND DENTON COUNTIES AS RECORDED
[N CAC3INE"I� B, SLIDE 336 OP "I'HE PLAT RECORDS, WISE COUNTY, TEXAS,
THF,NCL S 89°56'S6"E, 123.1 1 FEET TO'A 1/2 INCH IRON ROD FOUND;
'1'HENCE S 00°03'09"E, 76.56 FEE`I' 1'O A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" S�T;
"I'HrNCE S 89°56'Sl "L, 50.00 PEET TO A 5/81NCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
"I'E-IENC� S 00°03' 09"W, 44.86 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SCT;
"1'1-{ENCE S 89°56'S1 "I;, 105.00 FEE'I'TO A 1/2 INCH IRON ROD FOUND;
"1'HENCL S 00°03'09"W, 147.84 FE�T TU A 5/8 INCH IRON ROD WiTH YELLOW CAP STAMPED
"JACOBS" SET;
"I'I-iENCE S 71 °51'21 "L, 132.15 FELT TO THE BEGINNING OP A NON-TANGENT CURVE TO THE
CZIGI-I"I' AND A I/2 INCI-I I RON ROD FOUND;
"I'HENCE W 1'I'H SAID NON= I'ANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 67.20
FI:E`I', "I'I IROUGH A CENTRAI., ANGLE OF 17°54'36", HAVING A RADIUS OF 215.00 FEET, T�IE
LONG CHORD OF WHICH BEARS N27°OS'22"E, 66.93 FEET TO A 1/2 INCH IRON ROD FOUND;
"T'HENCE S 47°16'40"E, 141.38 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SE'I ;
THI:NCE S 00°03' I 0"W, 391.64 FEET TO A 1/21NCH IRON ROD FOUND;
"I'f-IENC� N 47°43'47"L, 183.67 rEE"I"I'O A 5/8 INCI-i TRON ROD WTTH YELLOW CAP STAMPED
"J�COBS" SET;
"1'H [;NCL N 47° l 6'34" W, 120.00 FEL"I' TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SE"T';
Page 1
"]'HENCE N 2°43'36"E, l OS.00 I±EET TO A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SET;
"I'H ENCE S 47° 16'45"E, I 74.26 FEET TO TT-IE BEGINNING OF A CURVE TO THE RIGHT AND A 5/8
(NCH IRON ROD WI"I'H YELLOW CAP STAMPED °JACOBS" SET;
'I'HLNC� WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 85.23 PEET, THROUGH A
CENTRAL ANGLE OF OS°00'30", HAVING A RADIUS OF 975.00 FEET, THE LONG CHORD OF
Wi-IICH BEARS S 44°46'35"E, 8520 FEET TO AS/8 INCH IRON ROD WTTH YELLOW CAP
STAMPED "JACOBS" S�T;
"['I-[ENC� S 42°16'l0".E, 650.00 FErTTO A 5/8 INCH TRON ROD WITt-I YELLOW CAP STAMPED
"JACOBS" SET;
`I'HENCE S 47°43'S3"W, 540.41 FEETTU A 1/21NCH IRON ROD FOUND;
"T'I-[LNCE S 17°57'S6"W, 48.24 I� EE'I' TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
LEI�'I' AND A I/2 INCH IRON ROD FOUND;
"I'HF..NCE WITI-I SATD NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 115.82
f FE"I', THROUGH A CENTRAL ANGLE OF 08°44'47", HAVING A R.ADIUS OF 758.73 FEET, THE
LONG CHORD OF WHICI-I BEARS N 76°24'34"W, 115.71 FEET TO A 5/8 TNCH IRON ROD WTTH
YELLOW CAP STAMPED "CARTER BURGESS" POUND;
`I'I-IENC� N 3 I°59'46"W, 1323 FEE'I' TO THE BEGINNING OF A NON-TANGENT CURVE TO THE
LL'FT AND A 5/8 INCH iRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS"
FOUND;
"I'f-IENCI� WITH SAID NON-TANGENI' CURVE TO THE RIGH`I', AN ARC DISTANCE OF 9,41
f'I:E"I', THRUUGI-I n CEN'I'RAL ANGLE OF 03°21'36", HAVTNG A RADIUS OF 160.48 FEET, THE
LONG C1-IORD OF WT-ITCH BEARS N 20°23'S7"E, 9.41 FEET TO A 5/8 INCH IRON ROD WIT�-T
YELLOW CAP ST�IMPCD "CAR'I'ER BURGESS" FOUND;
"I'1-fI�NCI� N 67°56'S9"W, SO.OU FEET "I'O �'HE BEGINNING OF A NON-TANGENT CURVE TO THE
LEPT AND A 5/8 INCI-1 IRON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS"
FOUN D;
"I'1-ICNCE WITH SAIU NON= I'ANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 22.93
FEET, "I'I-1ROUGH A CENTRAL ANGLE OF 06°14'34", HAVING A RADIUS OF 210.48 FEET, THE
LONG CI-IORD OF WHICt-T BEARSS 18°56'2T'W, 22.92 FEET TO A 5/8 INCH IRON ROD WTTH
YI:LLOW CAP STAMPED "CARTER BURGESS" FOUND,
"I'1-IENCE S 54° 16'25"W, 15.53 PEET TOTHE BEGINNING OF A NON-TANGENT CURVE TO THE
LI�F`I' AND A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED "CAR'I'ER BURGESS"
�OUND, ,
"I'I-IENC� WITH SAID NON-'I�ANGBNT CURVE TO THE LEFT, AN ARC DiSTANCE OF 48.74
f� rf;'I', THROUGH A CENTRAL ANGLE OF 03°40'S0", HAVING A RADIUS OF 758.73 FEET, THE
Page 2
LONG CI-IORD OF WHiCH B1:ARS N 87°57'O 1"W, 48.73 FEET TO A 5/8 INCH IRON ROD WITH
YCLLOW CAP STAMPED "CARTER BURGESS" FOUND,
`I'HENCE N 89°47'33 "W, 239.44 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT AND A
5/8 INC1-I 1RON ROD WITH YELLOW CAP STAMPED "CARTER BURGESS" FOUND,
"I'I�ENCE WITI-I SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 12.43 FEET, THROUGH A
CENTRAL ANGLE OF 03°09'S9", HAVING A RADIUS OF 225.00 FEET, THE LONG CHORD OF
WNICH BEARS N88°12'40"W, 12.43 FEET TO A 5/8 INCH IRON ROD WITH YELLOW CAP
S"I'AMPED "CARTER BURGESS" FOUND,
"['HENCE S U3°53'37"W, 50.00 FEET TO THE BEGINNiNG OF A NON-TANGENT CURVE TO THE
RIGI-IT AND A S/8 1NCI-I IRON ROD WITN YELLOW CAP STAMPED "CARTER BURGESS"
FOUND,
Tl-iENCr WI"I'H SAID NON-TANGENT CUKVE TO THE RIGHT, AN ARC DISTANCE OF 391.41
l� F,rT, THIZOUGH A CENTRAL ANGLE OF 81 °32'S6", HAVING A RADIUS OF 275.00 FEET, THE.
LONG C1-IORD OI' W�-CICH I3EARS N 45°45' 31 "W, 359.20 FEET "I'O A 5/8 INCH IRON ROD WTTH
YELLOW CAP S"I'AMPED "JACOBS" SET,
"1't-(ENCr N 46°54' 46"W, 14.65 rEET TU A 5/8 INCH IRON ROD WITH YELLOW CAP STAMPED
"JACOBS" SL"I';
THrNCE N 89°56'S1 "W, 1] 3.46 FEET TO A 5/8 INC�-I TRON ROD WITH YELLOW CAP STAMPED
"JAC013S" SET;
"I'I-IGNCE N 00°03'09"E, 1276.51 FEET TO THE POINT OF BEGTNNING AND CONTAINING
1,150,593 SQUARE FEET OR 26.414 ACRES OF LAND, MORE OR LESS.
"I'O [3r KNOWN AS:
LOTS 1-19,13LOCK 3; LOTS 10-19, BLOCK 7; LOTS 1-31, 5X, BLOCK 8; LOTS 1-29, BLOCK 9;
LOTS 1-16, BLOCK 10; LOTS 1-14,17-27, BLOCK 11
SHALE CREEK
AN ADDITION "I'O WISE COUNTY, "I'EXAS AND DO HEREBY DEDiCATE TO THE PUBLIC ALL
RIGI-3TS-OI�-WAY AND EASLMENTS AS Si-IOWN ON THE PLA"I'.
Page 3
LEGAL DESCRIPTION
BEING A 158.396 (CALLED 158.43 ACRES) ACRE TRACT OF LAND SITUATED IN THE SMITH COUNTY
SCHOOI LAND SURVEY, ABSTRACT NO. 1173, DENTON COUN7Y, TEXAS, AND IN THE SM17H COUNTY
SCHOOL LAND SURVEY NO. 743, WISE COUNTY, TEXAS, AS DESCRIBED IN DEED TO SHALE 114, L.P., BY
DEED RECORDED IN COUNTY C�ERK'S FILE NO. 2004-90440, REAL PROPERTY RECORDS, DENTON
COUNTY, TEXAS, WITH THE BEARING BASIS BEING GRID NORTH, TEXAS STATE PIANE COORDINATES,
NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS
BETWEEN JULIAN DAY 253, 2004 AND JUUAN DAY 259, 2004, CALCULATED FROM DALLAS CORS ARP
(PiD-DF8984) AND OENTON CORS ARP (PID-DF8986), AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BE6INNING AT A 60D NAIL FOUND FOR THE NORTNEAST CORNER OF SAID 158.396 ACRE TRACT, AND
THE COMMON SOUTHEAST CORNER OF A CALLED 284.67 ACRE TRACT OF LAND DESCRIBED IN DEED TO
J.L. LOGAN FAMILY LIMITED PARTNERSHIP, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2004-
66130, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND THE COMMON SOUTHWEST CORNER
OF A CALLED 107 ACRE TRACT OF IAND DESCRIBED IN DEED TO THE HARRY AND JHERRIE LOGAN FAMILY
LIMITED PARTNERSHIP, BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2009-68535, REAL PROPERTY
RECORDS, DEN70N COUNTY; TEXAS, AND THE COMMON NORTHWEST CpRNER OF A CALLED 107 ACRE
TRACT OF LAND CONVEYED TO JOANNE M. YOUNG, BY DEED RECORDED IN VOLUME 515, PAGE 94,
DEED RECORDS, DENTON COUNTY, TEXAS. SAID POINT ALSO BEING IN THE APPROXIMATE CENTERLINE
OF SOUTH COUNTY LINE ROAD, A PRESCRIPTNE RIGHT-OF-WAY BY USE AND OCCUPATION;
THEiJCE SOUTH 00 DEGREES 05 MINUTES 03 SECONDS WES7, ALONG THE COMMON EAST LINE OF SAID
158.396 ACRE TRACT AND THE APPROXIMATE CENTERLINE OF SAID SOUTH COUNTY LINE ROAD, A
DISTANCE OF 3910.05 FEET TO A 5/8" IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET
FOR CORNER IN THE EAST LINE OF SAID 158.396 AND IN THE COMMON WEST IINE OF A CALLED 26.779
ACRE TRACT OF LAND DESCRIBED IN DEED TO PEGGY MCCURDY, VOLUME 1193, PAGE 586, DEED
RECORDS OENTON COUNTY, TEXAS;
THEfVCE DEPARTING SAID COMMON LfNE ALONG THE SOUTH LINE OF SAID 158.396 ACRE TRACTAND
THE COMMON NORTH LINE OF SHALE CREEK, A 78.605 FINAL PIATAS RECORDED IN CABINET B, SLIOE
336, PIAT RECORDS OF WISE COUNTY, TEXAS, AND IN CABINET V, PAGE 374, PLAT RECORDS OF DENTON
COUNTY, TEXAS, THE FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 54 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEEt� TO 5/8" IRON
ROD WITH A PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR CORNER;
NORTH 42 DEGREES 16 MINUTES 04 SECONDS WEST, A DISTANCE OF 1002.94 FEETTO A 1/2"
IRON ROD FOUND WITH CAP FOR CORNER;
I:\SLD\WFXL18001WFXL1800\600 DISCIPLINE'�613 Surveyi613.7 Legal D2SCfIpt10115�WFXL1800 158.396ACRE.CiOCX
Page 1 of 3
NORTH 48 DEGREES 46 MINUTES 45 SECONDS WEST, A DISTANCE OF 89.00 FEET TO A 5/S" IRON
ROD WITH A YELLOW PLASTlC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH S7 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE OF 257.00 FEET TO A 1/2"
IRON ROQ FOUND WITH CAP FOR CORNER;
NORTH 42 DEGREES 15 MINUTES 22 SECONDS WEST, A DISTANCE OF 760.73 FEfTTO A S/8"
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "1ACOBS" SET FOR CORNER;
NORTH 47 DEGREES 14 MINUTES 36 SECONDS WEST, A DISTANCE OF 1180.74 FEET TO A 5/8"
IRON ROD WITH A YEI.LOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER, AND THE
BEGINNING OF A NON-TANGEN7 CURVE TO TNE RIGHT HAVING A CENTRAI. ANGLE OF 03
DEGREES 49 MINUTES 115ECONDS, A RADIUS OF 275.00 FEET, AND A CHORD THAT BEARS
NORTH 45 DEGREES 49 MINUTES 19 SECONDS EAST A DISTANCE OF 18.33 FEET;
ALONG SAID NON-TAN6ENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 18.33 FEET TO A 5/8"
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 47 DEGREES 43 MINUTES 54 SECONDS EAST, A DISTANCE OF 13.33 FEETTO A 5/8" IRON
ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
NORTH 42 DEGREES 16 MINUTES 06 SECONDS WEST, A DISTANCE OF 160.00 FEET TO A S/8"
IRON ROD WITH A YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER;
SOUTH 47 DEGREES 43 MINUTES S4 SECONDS EAST, A D15TANCE OF 223.27 FEET TO A 1/2"
IRON ROD FOUND WITH CAP FOR CORNER, BEING THE SOUTHWEST CORNER OF SAID 158.396
ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID SHALE CREEK AND BEIN6 IN
THE EAST LINE OF A CALLED 16.5 ACRE TRACT DESCRIBED IN DEED TO DANIEL AND BAR6ARA
NANCE, AS RECORDED IN VOLUME 324, PAGE 209, DEED RECORDS, WISE COUNTY, TEXAS; `
THENCE NORTH 00 DEGREES 02 MINUTES 26 SECONDS EAST ALONG SAID EAST IINE, AND ALONG WITH
THE EAST LINE OF A CALLED 20.02 ACRE TRACT OF LAND DESCRIBED IN DEED TO DANIELAND BARBARA
NANCE IN VOLUME 202, PAGE 625, DEED RECORDS, WISE COUNTY, TEXAS, A DISTANCE OF 1599.42 TO A
FOUND 3" POST, BEING THE NORTHWEST CORNER OF SAID 158.396 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF SAID NANCE TRAC7 AND BEING IN THE SOUTH LINE OF A CALLED 284.67 ACRE
TRACT OF IAND AS DESCRIBED IN DEEED TO J.L. LOGAN FAMILY LIMITED PARTNERSHIP, AS REC�RDED
IN INSTRUMENT NO. 2004-66130, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS;
THENCE AIONG THE NORTH LINE OF SAID 158.396 ACRE TRACT AND THE COMMON SOUTH IINE OF
SAID 284.67 ACRE TRACT NORTH 89 DEGREES 37 MINUTES 10 SECONDS EAST, A DISTANCE OF 2631.54
FEET TO THE POINT OF BEGINNING, AND CONTAINING A CALCULATED AREA OF 158.396 ACRES.
I:4SLD\WFXL1800\WFXL1800\600 DISCIPLINE1613 Survey\613.7 Legal DeSCt"IPtIOnS�WFXL180O 158.396ACRE.docx
Page 2 of 3
EXHIBIT PREPARED OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY
Elliott Pat Busby,�:P.L.S.
Registered Professionai Land Surveyor
Texas Registration No. 5561
Jacobs Engineering Group, Inc.
1999 Bryan Street, Suite 1200
Dalias, Texas 75201-3136
Phone 214638-0145 Fax 214-638-0447
August 11, 2014
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�ELLIOTT PAT BUSBY
.: 9...556? ...� . :
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1:�sLD�wFxL[soo�wFxr.isoo�600 D�Sc�Ltrr�6is s��6t3.7 t,�ai Descriptions\WFX11800 158.396ACRE.docx
Page 3 of 3
DESCRTPTION
PARCEL 3
DESCRIPTION FOR A 25.87 ACRE TRACT OF LAND OUT OF THE SMITH COUNTY SCHOOL
LAND SURVEY, ABSTRACT NO. 743, WISE COUNTY, TEXAS, ABSTRACT NO. 1137, DENTON
COUNTY, TEXAS AND THE WILLIAM WALLACE SURVEY, ABSTRACT NO. 1434, WTSE
COUNTY, TEXAS, ABSTRACT NO. 1405, DENTON COUNTY, TEXAS, SAID TRACT OF LAND
BEING A PORTION OF THAT CERTAIN TRACT OF LAND RECORDED IN VOL. 4484, PG. 520,
D.R.D.C.T., AND VOL. 918, PG. 280, O.R.W.C.T., AND BETNG A PORTION OF THAT CERTAIN
TRACT OF LAND RECORDED IN VOL. 44 PG. 528, D.R.D.C.T., AND VOL. 918, PG. 288,
O.R.W.C.T..
COMMENCTNG FROM A 3" STEEL FENCE POST FOUND, SAID FENCE POST BEING FOR THE
NORTHWEST CORNER OF BLOCK 1, SMITH COUNTY SCHOOL, ABSTRACT NO. 743, WISE
COUNTY, TEXAS AND BEING IN THE SOUTH LINE OF VOL. 114, PG. 246, D.R.W.C.T., SAID
POST ALSO BEING FOR TH� NORTHEAST CORNER OF VOL. 202, PG. 625, D.R.W.C.T.,
1'HENCE S.89° 49'27"E., 263 I.65 FEET AND S.00° 38' 19"W., 4742.26 FEET TO A'/z" CAPPED IRON
FOUND IN THE APPROXIMATE CENTER OF SOUTH COUNTY LINE ROAD FOR THE POINT
O�' BEGINNING;
THENCE S 00° 38'19" W, WITH THE APPROXIMATE CENTER OF SAID SOUTH COUNTY LINE
ROAD, 335.39 FEET TO A 60D NAIL FOUND, SAID NAIL;
THENCE S 49°02' 12" W, 172.16 FEET TO A 5/8" SLICK IRON FOL7ND IN THE NORTH LINE OF
S'I'ATE HWY. NO. 1 l4;
THENCE N 84° 47'29" W, WITH THE NORTH LINE OF SAID STATE HWY. NO. 114, 419.65 FEET
TO A TXDOT MONUMENT FOUND, SAID MONUMENT BEING FOR THE BEGINNING OF A
CURVE TO THE LEFT;
'I'HENCE WITH THE NORTH L1NE OF SAID STATE HWY. NO. 114, AND SAID CURVE TO THE
LEFT WHOSE RADNS IS 23038.31 FEET AND WHOSE CENTRAL ANGLE IS 04° 39'24" AND
WHOSE CHORD BEARS N 87° 17'44" W, 1871.95 FEET AND BEING AN ARC LENGTH OF
1872.47 FEET TO A Yz" CAPPED IRON FOUND, SAID TRON BEING AT THE INTERSECTION OF
THE NORTH LINE OF SAID STATE HWY. NO. 114, AND THE EAST L1NE OF SHALE CREEK
BLVD.;
THENCE N 00° 15'49" E, WITH THE EAST LINE OF SAID SHALE CREEK BLVD, 53.43 FEET TO
A Y�" CAPPED IRON FOUND, SAID IRON BETNG FOR THE BEGINNING OF A CURVE TO THE
RIGHT;
THENCE WITH THE EAST LTNE OF SAID SHALE CREEK BLVD, AND SAID CURVE TO THE
RIGHT WHOSE RADIUS IS 495.00, AND WHOSE CENTRAL ANGLE IS 48° Oi'23" AND WHOSE
CHORD BEARS N 24° 16'31" E, 402.85 FEET AND BE1NG AN ARC LENGTH OF 414.89 FEET TO
A '/" CAPPED iRON FOUND;
THENCE N 48° 17'12" E, CONTINUING WITH THE EAST LINE OF SAID SHALE CREEK BLVD.,
594.28 FEET TO A'h" CAPPED IRON FOUND, SAID IRON BEING AT THE INTERSECTTON OF
THE EAST LINE OF SAID SHALE CREEK BLVD., AND THE SOUTH LINE OF REGENT DRIVE;
1'HENCE S 41 ° 42'48" E, WITH TI-iE SOUTH LINE OF SAID REGENT DRIVE, 119.51 FEET TO A
'/2" CAPPED IRON FOUND, SAID IRON BEING FOR THE BEGINNING OF A CURVE TO THE
LEFT;
THEN.CE WTTH THE SOUTH LINE OF SAID REGENT DRIVE, AND SAID CURVE TO THE LEFT
WHOSE RADIUS IS 845.00 FEET AND WHOSB CENTRAL ANGLE IS 08° 41'43" AND WHOSE
CHORD BEARS S 46° 03'39" E, 128.12 FEET, AND BEING AN ARC LENGTH OF 128.24 FEET TO
A 'h" CAPPED IRON FOUND;
THENCE WITH THE SOUTHBRLY LINE OF SHALE CREEK, AN ADDITION IN WISE AND
UENTON COUNTIES, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET
B, SLIDE 336, PLAT RECORDS, WISE COUNTY, TEXAS, AND CABINET V, PAGE 374, DENTON
COUNTY, TEXAS, THE FOLLOWTNG CALLS:
S 39° 35'29" W, 1 10.00 FEET TO A YZ" CAPPED IRON FOUND;
S 52° 24'28" E, 66.63 FEET TO A YZ" CAPPED IRON FOUND;
S 56° 24'21" E, 66.63 FEET TO A'/Z" CAPPED TRON FOUND;
S 60° 24' 15" E, 66.63 FEET TO A YZ" CAPPED IRON FOUND;
S 64° 24'08° E, 66.63 FEET TO A'h" CAPPED IRON FOIJND;
S 68° 24'02" E, 66.63 FEET TO A'/z" CAPPED IRON FOUND;
S 72° 23'S5" E, 66.63 FEET TO A Yz" CAPPED IRON FOtJND;
S 76° 23'42" E, 66.63 FEET TO A%z" CAPPED IRON FOUND;
S 80°23'42" E, 66.63 FEET TO A'h" CAPPED IRON FOUND;
S 83° 17'28" E, 66.69 FEET TO A%2" CAPPED IRON FOUND;
S 89° 21'41 " E, l 16l .98 FEET TO THE POTNT OF BEGINNING AND CONTAINING 25.87 ACRES
OF LAND.
BEING A 25.5 ACRE TRACT OF LAND SITUATED IN THE WILLIAM WALLACE SURVEY, ABSTRACT
NO. 1434, WISE COUNTY, TEXAS AND BEING PART OF A TRACT.OF LAND DESCRIBED IN A DEED
TO SHALE 114, L.P. RECORDED IN INSTRUMENT NUMBER 2004-90440, DEED RECORDS,
DENTON COUNTY, TEXAS AND VOLUME 1445, PAGE 144, OFFICIAL RECORDS, WISE COUNTY,
TEXAS AND BEING MORE PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT IN THE NORTH RIGHT OF WAY �INE OF STATE HIGHWAY NO. 114 A
VARIABLE WIDTH RIGHT OF WAY AND THE WEST RIGHT OF WAY LINE OF SHALE CREEK
BOULEVARD A 110 FOOT RIGHT OF WAY;
THENCE NORTH 89 DEGREES 44 MINUTES 11 SECONDS WEST, ALONG SAID NORTH RIGHT OF
WAY LINE, A DISTANCE OF 960.70 FEET TO A POINT;
THENCE NORTH 89 DEGREES 37 MINUTES 29 SECONDS WEST, CONTINUING ALONG SAID RIGHT
OF WAY LINE A DISTANCE OF 262.57 FEETTO A POINT;
THENCE NORTH 00 DEGREES 10 MINUTES 33 SECONDS EAST, A DISTANCE OF 846.02 FEET TO A
POINT IN THE SOUTH LINE A TRACT OF LAND DESCRIBED IN A DEED TO DANIEL L. NANCE
RECORDED IN VOLUME 694, PAGE 34, DEED RECORDS, WISE COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 16 MINUTES 23 SECONDS EAST, ALONG THE SOUTH LINE OF SAID
NANCE TRACT, A DISTANCE OF 1128.47 FEET TO A POINT FOR SOUTHEAST CORNER OF SAID
NANCE TRACT AND BEING THE SOUTHWEST CORNER OF LOT 12X, BLOCK 1 OF SHALE CREEK
PHASE 2A, RECORDED IN INSTRUMENT NUMBER 2007-8072, PLAT RECORDS, WISE COUNTY,
TEXAS;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 12X, BLOCK 1 AS FOLLOWS:
SOUTH 21 DEGREES 13 MINUTES 24 SECONDS EAST, 51:79 FEET;
SOUTH 78 DEGREES 57 MINUTES 29 SECONDS EAST, 178.51 FEET;
SOUTH 73 DEGREES 08 MINUTES 42 SECONDS EAST, 82.58 FEET;
SOUTH 35 DEGREES 17 MINUTES 47 SECONDS EAST, 187.11 FEETTO A POINT IN THE
AFORESAID WEST RIGHT OF WAY LINE OF SHALE CREEK BOULEVARD;
THENCE SOUTH 48 DEGREES 17 MINUTES 12 SECONDS EAST, ALONG SAID WEST RIGHT OF WAY
LINE 115.03 FEET TO A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 48
DEGREES 01 MINUTES 23 SECONQS, RADIUS 605.00 FEET AND A CHORD BEARING OF SOUTH 24
DEGREES 16 MINUTES 31 SECONDS WEST A QISTANC E OF 492.37 FEET;
1270.032\43081. i
THENCE ALONG SAID WEST RIGHT OF WAY LINE AND CURVE THE LEFT AN ARC LENGTH OF
507.09 FEET TO A POINT;
THENCE SOUTH 00 DEGREES 15 MINUTES 49 SECONDS WEST A DISTANCE OF 53.42 FEET TO
THE POINT OF BEGINNING AND CONTAINING APPDXIMATELY 25.5 ACRES OF LAND.
TNIS DESCRIPTION IS NOT A RESULT OF AN ON THE GROUND LAND SURVEY AND SHOULD BE
USE FOR PLANNING PURPOSES ONLY AND SHOULD NOT BE RECORDED FOR ANY PURPOSE.
1270.032\43081.1
Exhibit D
Memorandum of Agreement Concerning Water
And Sewer Service to Shale Creek Development
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTIES OF DENTON §
AND WISE §
This Memorandum of Agreement Concerning Water and Service to Shale Creek
Development ("Memorandum") is effective as of ,�. ��� , 201�,rby and among Aqua
Utilities, Inc., a Texas corporation doing business as Aqua Texas, Inc. ("Aqua Texas"), and
North Fort Worth Water Control and Improvement District No. 1 of Denton and Wise Counties,
a conservation and reclamation district created and operating pursuant to Article XVI, Section
59, Texas Constitution, and Chapters 49 and 51, Texas Water Code (collectively, "Seller"), and
the City of Fort Worth, a home-rule corporation of Tarrant, Denton, Johnson, Parker, and Wise
Counties, Texas ("Citv").
A. Under that certain of Agreement Concerning Water and Sewer Service to Shale
Creek Development dated .�- I-}- , 201 �("A�reement"), Seller has granted to the City the
option ("Option") (a) to become the retail provider of water service to the Aqua Texas Water
Service Area described in Exhibit A by purchasing and accepting from Aqua Texas all rights
under CCN No. 11157 for the Aqua Texas Water Service Area; (b) to become the retail provider
of sewer service to the Shale Creek Development described in Exhibit B by purchasing and
accepting from Aqua Texas all rights under CCN No. 20867 for the Shale Creek Development;
and (c) to purchase and accept from Seller all of Seller's right, title and interest in and to the
certain property related to the provision of water utility service and sewer utility service to such
areas. The period during which the City �"�xercise the Option is from �— 1� , 203�
to �� — i�- , 205 j. , The City's exercise of the Option is governed by the terms and
conditions of the Agreement.
B. Seller and the City are executing, acknowledging, and recording this
Memorandum to provide public notice of the existence of the Agreement and of the option that
exists for the City to become the provider of retail water services to the Aqua Texas Water
Service Area described in Exhibit A and the provider of retail wastewater service to the Aqua
Texas Sewer Service Area described in Exhibit B and to purchase certain water and wastewater
facilities and related assets under the terms and conditions of the Agreement.
C. Seller and the City do not intend by this Memorandum — and nothing in this
Memorandum may be deemed — to alter, amend or otherwise affect the terms or conditions of the
Agreement.
A copy of the Agreement (City Secretary Contract No��� ) can be obtained from the City
Secretary of the City of Fort Worth.
EFFECTIVE as of the date set forth above.
SELLER
NORTH FORT WORTH WATER CONTROL
AND IMPROVEMENT DISTRICT NO. 1 OF
DENTON AND WISE COUNTIES
:
Name:
President, Board of Directors
Date:
STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared
, of North Fort Worth
Water Control and Improvement District No. 1 of Denton and Wise Counties, on behalf of said
District, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he or she executed the same for the purposes and
consideration therein expressed, in the capacity therein stated, and as the act and deed of said
District.
2016.
GIVEN IINDER MY HAND AND SEAL OF OFFICE this the day of ,
Notary Public
My Commission Expires:
AQUA UTILITIES, INC.,
a Texas corporation
By:_
Name:
Titie:
STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, THE LJNDERSIGNED AUTHORITY, on this day personally appeared
as of Aqua Utilities, Inc., a Texas
corporation, on behalf of said corporation, known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the
same for the purposes and consideration therein expressed, in the capacity therein stated, and as
the act and deed of said corporation.
2016.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this the day of ,
Notary Public
My Commission Expires:
ATTEST:
Mary J. Kayser, City Secretary
APPROVED AS TO FORM
AND LEGALITY:
Assistant City Attorney
STATE OF TEXAS
• • •••,
THE CITY
THE CITY OF FORT WORTH,
a Texas home-rule municipal corporation of
Tarrant, Denton, Johnson, Parker and Wise
Counties
:
Name:
Title:
Date:
BEFORE ME, THE tJNDERSIGNED AUTHORITY, on this day personally appeared
, of the City of Fort Worth, a
municipal corporation, on behalf of said City, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged to me that he or she executed
the same for the purposes and consideration therein expressed, in the capacity therein stated, and
as the act and deed of said City.
2016.
GIVEN LTNDER MY HAND AND SEAL OF OFFICE this the
Notary Public
My Commission Expires:
day of ,
Contract Compliance Manager for the Agreement Concerning Water and Sewer Service to Shale Creek
Development.
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements.
� � ����
�.1 ��� � �
Name of E loyee — Wendy Chi-Babulal, E ,.E.
Water Plannin evelopment En in�eering Manager
Title
Exhibit A
Legal Description of the Aqua Texas Water Service Area
Exhibit B
Legal Description of the Shale Creek Development
Exhibit E
Shale Creek Sewer Main
41565.21
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������ ALPHA RANCH SANITARY SEWER STUDY pw�.���
'X e =" " FORT WORTH, TEXAS �ENGINEERS
� I7 � .r � V EXHIBIT E ,,......� .,.,..r`..�.a.,.y.`.e.��...,
SHALE CREEK AGREEMENT - SEWER INFRASTRUCTURE ,�"`$��"' N`"`1T''^��� ~�
M&C Review
�� ��' � �� ��� � '
Page 1 of 3
Official site of the City of Fort Worth, Texas
�"ORT'�OI�TI1
v�
COUNCIL ACTION: Approved on 12/13/2016 - Resolution No. 4725-12-2016 & 4726-12-2016
REFERENCE 12BROOKFIELD, ALPHA
DATE: 12/13/2016 N� : L-15980 LOG NAME: RANCH, SHALE CREEK
AGREEMENTS
CODE: L TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT: Adoption of Resolutions Consenting to the Expansion of the Alpha Ranch Fresh Water
Supply District and Authorize the Execution of Various Agreements and Amended
Agreements Relating to Development, Construction, Water and Wastewater Service,
Wholesale and Utility Transfer for South Denton County Water Control Improvement
District No.1, Alpha Ranch Fresh Water Supply District of Denton and Wise County and
North Fort Worth Water Control Improvement District No. 1(ETJ/DENTON COUNTY and
COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolutions consenting to the addition of
approximately 183 acres into the Alpha Ranch Fresh Water Supply District and authorize the City Manager
or a designee to execute the following Agreements and to take any actions to carry out such Agreements:
1. Wholesale Water Agreement between Aqua Texas and Fort Worth
2. Water and Wastewater Utility Services Transfer Agreement
3. Agreement Concerning Water and Sewer Service to Shale Creek Development
4. Agreement Terminating Brookfield Water and Wastewater Utility Service Agreement and
Buy-Out Option Agreement
5. Agreement Terminating Brookfield Wholesale Water and Wastewater Agreements
6. Agreement Concerning Sewer Service to Alpha Ranch and Brookfield Developments
7. Water Infrastructure Agreement
8. Sewer Infrastructure Agreement
9. Brookfield Development (South Denton County Water Control Improvement District No.
1) Agreement
10. Alpha Ranch Development Agreement
11. Shale Creek Development Agreement
12. South Denton County (Brookfield Development) Creation and Operation Agreement
13. Alplia Ranch Creation and Operation Agreement
14. Agreement for Construction of Sendera Ranch Blvd
DISCUSSION:
Entities affiliated with Centurion American Development Group (Developer) own approximately 2,000 acres of
land in the City's Extraterritorial Jurisdiction in proximity to State Highway 114, as shown on the attached map
(the Property). The Property is undeveloped and is located within the Alpha Ranch Fresh Water Control and
Improvement District, consisting of the Elizabeth Creek and Alpha Ranch developments (collectively, the
Alpha Ranch development), the South Denton County Water Control and Improvement District No. 1(the
Brookfield development), and the North Fort Worth Water Control and Improvement District No. 1 of Denton
and Wise Counties (the Shale Creek development) (the Districts), which districts were created with the City's
consent. The Developer agreed to develop the Property with a mixture of residential, commercial and
recreational uses in accordance with City standards. The Districts were created and approved by the City
Council as follows: Alpha Ranch, consisting of approximately 1,294 acres on February 15, 2007; Brookfield,
http://apps.cfwnet.org/council�acicet/mc_review.asp?ID=22358&councildate=l2/13/2016 3/2/2017
M&C Review
Page 2 of 3
consisting of approximately 231 acres on April 19, 2007; and Shale Creek, consisting of approximately 251
acres on August 21, 2006. On January 25, 2011, the City Council approved operation, development and
utility Agreements for the Brookfield District. (M&C C-24720, CSC Nos. 42127, 42128 and 42120
respectively.)
When the Development and Utility Agreements were approved, the Property was located in an area for
which Certificate of Convenience and Necessity (CCN) had been issued by TCEQ to Aqua Texas to provide
retail water. The Agreements contemplated that Aqua Texas would provide retail water and sewer service
to the Property for a term of 17 years, after which the City had an option to become the retail water and
sewer provider and to purchase, for a nominal amount, water and wastewater infrastructure to serve the
Property. Aqua Texas, the City, the Districts desire to enter into an Agreement providing, among other
terms, for Aqua Texas to transfer to the City all of its rights and obligations in connection with retail water
service to the Property under their CCN and to transfer to the Districts all of its rights and obligations in
connection with retail sewer service to the Property superseding the original utility agreement and ancillary
agreements concerning water and sewer service to the Property.
On September 23, 2014, the City Council adopted Resolution No. 4361-09-2014 which authorized the city
staff to negotiate Agreements with the Developer, Aqua Texas and the Districts for: 1) the transfer the CCN
to the City from Aqua Texas; 2) to negotiate for the provision of water and sewer service to the Property to
include a Wholesale Water Agreement to serve part of the Shale Creek Development with no infrastructure
or meter cost to the City; 3) to negotiate for the construction of water and sewer infrastructure to include a
water line to connect Sendera Ranch pump station to existing City infrastructure and a wastewater
treatment plant; 4) negotiate for the construction of a sewer line connecting to the City's system, and at the
City's discretion, discontinuance of by the Districts of the wastewater treatment plant upon the City
becoming the retail sewer service provider to the property; 5) to negotiate for the construction, consistent
with the City's Master Thoroughfare Plan, of a four-lane extension of Sendera Ranch Boulevard from its
existing terminus to SH 114 outside the City limits, at no cost to the City, and to be reimbursed less any
proportional share required for the portion of the extension located within the City limits with roadway
impact fees or fee credits in accordance with the City's transportation impact fee policy; and construction of
a portion of Sendera Ranch Boulevard outside of the City limits, at no cost to the City and to be reimbursed
less any proportional share required for the portion of the extension; and 6) to amend the Development
Agreement for Brookfield and enter into Development Agreements for the Alpha Ranch District and Shale
Creek to reflect the new arrangements for providing water and sewer service to the Property and to address
other outstanding issues. This M&C does not request approval of a contract with a business entity.
Aqua Texas has agreed to transfer to the City Aqua Texas' CCN and contract rights and obligations
governing retail water utility service to Brookfield, Alpha Ranch and Shale Creek and to include land
immediately adjacent to Alpha Ranch provided that the land is annexed by the Alpha Ranch District. Alpha
Ranch District has submitted two petitions to annex the area for Council's approval. Staff recommends
approving the attached resolutions to allow Alpha Ranch to annex the area which will transfer the CCN from
Aqua Texas to the City.
The parties have the authority to enter into this Agreement pursuant to Section 212.172 of the Local
Government Code.
The property is located in the City's e�raterritorial jurisdiction adjacent to CITY COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this agreement will have no immediate material effect on City
funds. Any effect on expenditures and revenues will be budgeted in future fiscal years.
Fund Department
ID
�M
Fund Department
ID
Account Project Program Activity I Budget I Reference # Amount
ID Year (Chartfield 2
Account Project Program Activity Budget Reference # Amount
�n Year (Chartfield 2) _
http://apps.cfwnet.org/council�acket/mc review.asp?ID=22358&councildate=l2/13/2016 3/2/2017
M&C Review
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Jesus (Jay) Chapa (5804)
Sarah J. Fullenwider (7606)
Melinda Ramos (7631)
ATTACHMENTS
Alpha Ranch Resolution Consent to Annex 12.doc
Alpha Ranch Resolution Consent to Annex 171.doc
Aqua Texas 1295.pdf
Exhibit for 12 acres resolution.pdf
Exhibit for 171 acres resolution.pdf
Forms L� 1295.pdf
Rvan Dynasty Trust 1295.pdf
Water district alpha Ranch shale creek brookfield Map.pdf
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