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Contract 36479 (2)
COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary COUNTY OF TARRANT § Contract No. �q RECITALS WHEREAS, Columbus Trail 94, Ltd. (hereinafter called "Developer") and Summer Sycamore I, Ltd. (hereinafter called "Summer Sycamore") collectively are the owners of that Development (herein so called) which consists of the properties more particularly described on Exhibits "X-1 " "X-2 " 44Z41" 66Z-25" "Z-3," and "ZA" attached hereto and made a part hereof For all purposes (hereinafter collectively referred to as the "Development"); and WHEREAS, Developer, as a property owner of a portion of the Development, has agreed to construct• certain roadway facilities, storm drainage, street sign and street light improvements within the Development (the "Improvements") to Summer Creek Drive (from Meadow Valley Drive to Columbus Trail), and Sycamore School Road (from approximately 150' west of Creek Meadows Drive to the east right -of --way line of Summer Creek Drive) of the City of Fort Worth, Texas as a condition of City's (hereinafter defined) approval of the Development; anA WHEREAS, Summer Sycamore, as a property owner of a portion of the Development, has constructed and/or has contributed and/or dedicated off -site roadway facilities, or will contribute to or dedicate off -site roadway facilities, as a condition of approval of the Development; and WHEREAS, the said Developer and Summer Sycamore have requested the City of Fort Worth, aHome-Rule Municipal Corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "City"), to financially participate in connection with said Improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: The parties acknowledge and agree upon the accuracy of the Recitals hereto and incorporate them herein by this reference. For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. Page 1 of 10 General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended, is hereby incorporated into Facilities Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder, except for such deviations specifically approved by the Fort Worth City Council in adopting the Mayor and Council Communication authorizing execution of this Community Facilities Agreement. B. The requirements of the Policy shall govern this Community Facilities Agreement ("Agreement"), provided, however, that any conflict between the terms of this Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security for its portion in accordance with Section II, paragraph 6 of the Policy. D. The Developer shall negotiate and award all contracts for the construction of the Improvements. City agrees that the limits of City participation shall be governed by Section 212.072 of the Texas Local Government Code and that any conflict between the provisions of Section 212.072 and existing City policies shall be resolved in favor of Section 212.072, and to the extent of such conflict the provisions of existing City policies are hereby waived for the purposes of this Agreement, and this Agreement only. E. The contracts for the construction of the Improvements shall be administered in conformance with Section II, paragraph 8 of the Policy. F. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said Page 2 of 10 Developer, his contractors, sub -contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in Part, by the alleged negligence of the City of Fort Worth, its officers, servants, or employees. G. Developer shall install or adjust all of the required utilities to construct the Improvements required herein. H. In the event that City participation exceeds $253000.00, Developer agrees that no construction will begin prior to City Council approval of this Agreement. I. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this Agreement. J. Developer agrees to provide, at its expense, all necessary rights of way anA easements across property owned by Developer required to construct current and future improvements provided for in this Agreement. K. Developer agrees to provide, at its expense, all necessary engineering drawings and documentation necessary to construct the Improvements required by this Agreement. L. Developer shall require its contractor performing work required by this Agreement to provide Performance, Payment and Maintenance Bonds as required by the Department of Engineering. The City shall be named dual obligee with the Developer on the Performance Bond. The City shall be the obligee on the Maintenance Bond. M. Developer will be responsible to pay a portion Department of Engineering fees associated with project management, inspection and testing for the Developer's share of the improvements. N. Developer agrees to construct the Improvements as shown on the exhibits attached hereto. The following exhibits of the Roadway Facilities are made a part hereof: Paving Facilities (B) Attached; Storm Drain (B-1) Attached; Street Lights and Signs (C) Attached. Page 3 of 10 O. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. P. Developer and City agree that time is of the essence and that the infrastructure contemplated herein must be constructed in a timely fashion. As such the Developer agrees that it shall issue its contractor a notice to proceed not later than ninety (90) calendar days following final execution of this Agreement, by all parties.. Q. Should the City Council adopt a Transportation Impact Fee Ordinance and to the extent permitted by said Ordinance, the Developer and Summer Sycamore will be given full credit on a dollar for dollar basis for the amount of its monetary participation for construction of, contributions to, and/or dedication of off -site roadway facilities including rights -of -way of the Development. II. Street and Storm Drain Facilities A. The Developer agrees to install or to cause to have installed, the Improvements shown on the attached Exhibits "B," 44B1," and "C." B. As shown below in the "Summary of Cost for Roadway and Storm Drain Facilities," the Developer and Summer Sycamore shall fund their share of the Improvements and shall pay for their share of the cost of the Improvements as shown on the attached Exhibits "B." "B 1," and "C." The estimated, cost of the Improvements and related support services specified in this Agreement, including design, construction and inspection is estimated to be $1,113,222.66. Page 4 of 10 SUMMARY OF CAST FOR ROADWAY AND STORM DRAIN FACILITIES Item Developer Summer Cost Sycamore Cost Construction $369,726.52 1. Streets $250,339.32 2. Storm Drainage $102,092.42 3. Street Lights $17, 093.44 4. Street Name Signs $201.34 �B. Engineering Design (9%) Construction Staking, Admin (9%) $33,356.36 $14,131.58 E. Materials Testing (2%) City Cost Total Cost $530,070.31 $899,796.83� $358,907.01 $609,246.33� $146,368.08 $248,460.50� $24,506.56 $41,600.00� $80, 981.71 $80, 981.71 $47,625.35 $80,981.71, $20,176.70 $34,308.27� �� $7,065.79� $10,088.35 $17,154.14� SUBTOTALS $4241280.25. 688,942.42 $1,113,222.66 Summer Sycamore Contribution ($120,000.00) $120,000,00 TOTAL $304,280,25 $1201000,00 $688,942,42 $1,113,222.66 C. Once every thirty (30) days, Developer may submit a written request for partial payments accompanied by copies of the invoices from Developer's contractors to the Director of the Department of Transportation and Public Works ("Director"). The Director or his/her designee shall have ten (10) business days to review each partial pay request submitted by Developer and to contest any disputed amount in writing. If no contest is made within ten (10) business days of receipt of a partial pay request, the request shall be deemed approved. If the Director or his/her designee timely and reasonably objects to any portion of the partial payment request, then a written objection shall be delivered to Developer during the review period. The written notice shall set forth objections in reasonable detail. The Page5of10 undisputed portion of the partial payment request shall be paid within thirty (30) days of receipt of the partial payment request. Developer shall exercise good faith efforts to cure the objectionable items to the City's reasonable satisfaction, and the process set forth above shall be repeated until the payment request is completely approved and fully paid. In no event shall the City's participation under this Agreement exceed $68899429420 D. Should the City Council adopt a Transportation Impact Fee Ordinance and to the extent permitted by said Ordinance, Developer will be -given full credit on a dollar for dollar basis for Developer's monetary participation under this Agreement, and for the value of the dedication of the land described in Exhibits "Z-1" and "Z-2" for roadway improvements to Summer Creek Drive and Sycamore School Road, which shall be based on the fair market value of the property prior to any increase in value resulting from subdivision or development approval and is agreed by the Department of Transportation and Public Works and Developer to be the sum of $642,626.00 ($338,346.00 estimated value of land dedicated, plus $304,280.00 Developer cost of Improvements under this Agreement). III. Participation by Summer Sycamore A. Summer Sycamore agrees to financially participate in 30% of the Developer's share of the Improvements, but in no event will Summer Sycamore's financial participation exceed $120,000.00. B. Prior to the issuance of a notice to proceed, Summer Sycamore shall place $120,000.00 in escrow with the City (the "Escrow"). Said amount shall constitute Summer Sycamore's maximum contribution to the cost of the Improvements. C. Upon Developer's submission of the request for partial payments to the Director pursuant to Paragraph II.0 hereinabove, a copy of such request and copies of the invoices from Developer's contractors also shall be submitted to Summer Sycamore. If Summer Sycamore disputes or Page 6 of 10 contests any amounts set forth therein, it shall contact the Director within five (5) business days. If no contest is made by Summer Sycamore within such five (5) day period of time, then the request shall be deemed approved and the City shall distribute 30% of the Developer's cost as reflected in Developer's request for partial payment to Developer out of the Escrow within thirty (30) days of receipt of the partial payment request. If Summer Sycamore timely and reasonably objects to any portion of the partial payment request, then a written objection shall be delivered to Developer and the Director during the five (5) day review period. The written notice shall set forth objections in reasonable detail. The undisputed portion of the partial payment (Summer Sycamore's 30% of Developer's cost) shall be paid by City out of Escrow within thirty (30) days of receipt of the partial payment request. Developer shall exercise good faith efforts to cure the objectionable items to City's reasonable satisfaction (City shall make the final determination as to the cure of objectionable items). In no event shall Summer Sycamore's participation exceed $120,000.00. If upon final completion of construction of the Improvements the amount remaining in Escrow exceeds 30% of the Developer's actual share of the costs of the constructed and accepted Improvements, then the balance of such escrowed funds retained in Escrow shall be returned to Summer Sycamore. D. If Developer shall fail to complete the Improvements or otherwise satisfy its obligations under this Agreement, and the City elects to complete construction of the Improvements, Summer Sycamore, Developer, and the City agree that the City shall be entitled to the Escrow to complete the construction. E. Should the City Council adopt a Transportation Impact Fee Ordinance and to the extent permitted by said Ordinance, Summer Sycamore will be given full credit on a dollar for dollar basis for its monetary participation under this Agreement. Page7of10 F. Should the City Council adopt a Transportation Impact Fee Ordinance and to the extent permitted by said Ordinance, Summer Sycamore will be given full credit for the value of the land at $284,040, plus the value of the roadway improvements to Summer Creek Drive and Sycamore School Road accepted by City on 8/3/06. The sum is agreed by the Department of Transportation and Public Works and Sycamore School to be $1,971,714. IV. Proportionality A. Developer and Summer Sycamore individually agree and acknowledge that the amount of special benefit and enhanced value to its property resulting from construction of the Improvements is equal to or greater than its financial participation under this Agreement and Developer and Summer Sycamore waive their respective rights granted in Chapter 313 of the Texas Transportation Code and the Policy to contest or appeal the proportionality. of said financial participation. B. By executing this Agreement, City agrees that Developer and Summer Sycamore and any successor owner will have no obligation whatsoever to pay any amounts in addition to each respective party's financial participation under this Agreement with regard to the construction of the Improvements contemplated by this Agreement. C. City, Developer and Summer Sycamore agree that the terms of this Agreement eliminate the need for a public hearing and issuance of notices as required by Texas Transportation Code §§313.047-313.048. D. This Agreement shall be binding upon and inure to the benefit of the City, Developer and Summer Sycamore and their respective successors and assigns. E. Developer and Summer Sycamore individually agree that it is in the process of developing property that will benefit from the Improvements contemplated under this Agreement and that the Improvements are in part necessitated by the additional demands that development of the property will create and its financial participation is roughly proportionate to the Page 8 of 10 impact of the proposed development upon said infrastructure and fairly represents its proportional share of the cost of the Improvements. F. Developer and Summer Sycamore waive any right to claim or assert that its financial participation under this Agreement is not roughly proportionate to the impact of the proposed development, or does not fairly represent its proportional share of the cost of the Improvements as a result of the additional demand created by the development of its property. G. City, Developer and Summer Sycamore also expressly acknowledge that the provisions herein anticipating credit for the contribution against future transportation impact fees (in accordance with and to the extent permitted by a Transportation Impact Fee Ordinance that may be adopted by the City Council in the future) are agreed to by the parties in satisfaction of the requirements of Section 395.023 of the Local Government Code and prevent the City from double -charging for roadway improvements. Consequently and in consideration thereof, Developer and Summer Sycamore individually and expressly waive any right to claim or assert that the contribution is not roughly proportionate to the impact of the proposed development, or does not fairly represent its proportional share of the cost of the Improvements as a result of the additional demand created by the development of its property. H. Developer and Summer Sycamore further agree that the City may expressly rely upon the provisions of this Agreement in any certification under Section 212.904, Texas Local Government Code, or successor statute,, and that a court in determining rough proportionality may consider transportation impacts from development of all of the property. (Remainder of Page Intentionally Left Blank) Page 9 of 10 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer a/nd S comer S camore have executed this instrument in triplicate, at Fort Worth, Texas this the 1 day of, LN, 2000 CITY OF FORT WORTH: DEVELOPER: MARC A. OTT ASSISTANT CITY MANAGER COLUMBUS TRAIL 94, LTD. By: WINDFALL INVESTMENTS, INC., its General Partner I: PRESIDENT APPROVAL RECOMMENDED: SUMMER SYCAMORE I, LTD* i By: LEGACY CAPITAL COMPANY II, ROBERT GOODE, P. E., DIRECTOR a Texas Corporation, its Manager TRANSPORTATION & PUBLIC WORKS ATTEST: MARTY HEN IX CITY SECRETARY AUTHORIZATI N: M&C DATE: APPRO J. ASS Page 10 of 10 TO FORM: CITY A By: PRESIDENT LOCATION MAP "SYCAMORE SCHOOL ROAD SUMMER CREEK ROAD" WELCH NOT TO SCALE D.O.E. N0: 4612 AND WATER N0: P163-060163015206 SANITARY SEWER N0: P173-070173013206 STREET/STORM DRAIN N0: W-1554 ENGINEERING, INC. CONSUL T/NG ENG/NEERS ( COLUMB'U'S TRAIL I (VARIABLE WIDTH RIGHT-Dp_µ.Ay� DEVELOPER'S PARTICIPATION 7" PAVEMENT W/2S� CROSS SLOPE ON 6" LIME SUBGRADE EXHIBIT "B" SCALE: 1 "=300' PAVING IMPROVEMENTS D.O.E. N0: 4612 "SYCAMORE SCHOOL ROAD AND WATER N0: P163-060163015206 SANITARY SEWER N0: P173-070173013206 SUMMER CREEK ROAD" STREET/STORM DRAIN NO: W-1554 WELCH ENGINEERuwa, I NC. CONSUL TING ENG/NEERS REVISED: 10/25/07 15' OR 20' INLET � EXHIBIT "B -1 " STORM DRAIN IMPROVEMENTS 'SYCAMORE SCHOOL ROAD AND SUMMER CREEK ROAD" TRIABLE µ�pT}I J RIGHT -OF � �yq y� DEVELOPER'S SCALE: 1 "=300' WELCH CONSUL T/NG ENG/NEERS REVISED: 10 MEADOW a H -- PROPOSED STREET LIGHT o-» -- EXISTING STREET LIGHT ♦ -- PROPOSED STREET SIGN 0 -- EXISTING STREET SIGN �o EXHIBIT "C" STREET LIGHTS 'SYCAMORE SCHOOL ROAD AND SUMMER CREEK ROAD" WELCH ENGD CONSUL TING ENGINEERS � l COLUMBUS'TRAIL of 1 SCALE: 1 "=300' D.O.E. N0: 4612 WATER N0: P163-060163015206 SANITARY SEWER NO: P173-070173013206 STREET/STORM DRAIN NO: W-1554 TEERIlVG, I NC. Exhibit Page J. of 4- EXHIBIT "A" Legal Description TRACT 1 Being a 36,OI acre tract of land situated in the J.F. Heaih Survey, Abstract No. 641, J. Asbury Survey, Abstract No. 52, A. H. Hodge Survey, Abstract No. 1789, J. Van Lent Survey, Abstract No. 1871, and the P.T.I. R.R. Survey, Abstract No. 1831, in the City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land conveyed to WB 358 Partners, L.P. by deed recorded in Volume 16942, Page 0369, of the Deed Records of Tarrant County, Texas, and being a portion of a tract of land conveyed to WB 358 Partners, L.P. by deed recorded in Document No. 2005-201391, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGTI�iNING at a 1/2 inch iron rod set for an interior corner of said WB tract recorded in Volume 16942, Page 0369, same being the northeast corner of a tract of land conveyed to Felix Chen by deed recorded in Volume 10998, Page 148, of the Deed Records of Tarrant County, Texas; THENCE South 89 deg, 53 min. 19 sec. West, along the common line of said WB tract recorded in Volume 16942, Page 0369, and said Chen tract, a distance of 81.38 feet to a pk nail set for corner, said point being a corner for said WB tract recorded in Document T No. 2005-201391, same being the beginning of a curve to the left having a radius of 13166.40 feet, and a delta angle of 00 deg. 17 min. 41 sec.; THENCE through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the east line of said �rJB tract recorded in Document No. 2005-201391I and along said curve to the left, an arc distance of 67.72 feet, and a chord bearing and distance of North 09 deg. 11 min. 03 sec. West, 67,72 feet to a 1/2 inch iron rod set for corner, same being in the south right-of-way line of Sycamore School Road (a 130' right- of-way), same being in a curve to the left having a radius of 1265.00 feet, and a delta angle of 12 deg. 02 min. 21 sec.; THENCE through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the south right -of --way line of said Sycamore School Road, and along said curve to the left, an are distance of 265.81 feet, and a chord bearing and distance of North 68 deg. 38 min. 38 sec. East, 265.32 feet to a 1/2 inch iron rod set for corner; THENCE North 62 deg. 37 min. 44 sec. East, through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the south right -of way line of said Sycamore School Road, passing the northwest of said WB tract recorded in Document � ibit � 2 �* I No. 2005-201391, and continuing passing the northeast corner of said WB tract recorded in Document No. 2005-201391, and continuing through the interior of said WB tract recorded in Volume 16942, Page 0369, a distance of 1055.47 feet to a 1/2 inch iron rod set for corner, said point being the beginning of a curve to the right having a radius of 1100.00 feet, and a delta angle of 10 deg. 34 min. 06 sec.; THENCE through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the south right -of --way line of said Sycamore School Road, and along said curve to the right, an are distance of 202.90 feet, and a chord bearing and distance of North 67 deg. 54 min. 37 sec. East, 202.61 feet to a 1/2 inch iron rod set for comer, said point being the beginning of a curve to the left having a radius of 1277.00 feet, and a delta angle of 08 deg. 16 min. 35 sec.; THENCE through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the south right-of-way line of said Sycamore School Road, and along said curve to the left, an arc distance of 184.46 feet, and a chord bearing and distance of North 69 deg. 03 min. 22 sec. East, 184.30 feet to a 1/2 inch iron rod set for corner, said point being the westerly corner of the intersection of the south right-of4ay line of said Sycamore School Road, and the west right-of4ay line of Summer Creek Road, same being the beginning of a curve to the right having a radius of 60.00 feet, and a delta angle of 87 deg. 41 min. 47 sec.; THENCE through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the intersection of the south right-ofway line of said Sycamore School Road, and the west right -of --way line of said Summer Creek Road, and along said curve to the right, an arc distance of 91.84 feet, and a chord bearing and distance of South 71 deg. 14 �nin. 08 sec. East, 83.13 feet to a 1/2 inch iron rod set for corner, said point being in the west right -of --way line of said Summer Creek Road, same being the beginning of a curve to the right having a radius of 2160.66 feet, and a delta angle of 25 deg. 13 min. 14 sec.; THENCE through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the west right -of --way line of said Summer Creek Road, and along said curve to the right, an are distance of 951.08 feet, and a chord bearing and distance of South 14 deg. 46 min. 51 sec. East, 943.42 feet to a 1/2 inch iron rod found for corner, said point being the northeast corner of the Villages Of Sunset Pointe, an Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 9270-9271, of the Plat Records of Tarrant County, Texas; THENCE South $8 deg. 21 min. 04 sec. West, through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the north line of said Villages Of Sunset Pointe, a distance of 802.32 feet to a 1/2 inch iron rod found for corner, said corner being the most northerly northwest corner of said Villages Of Sunset Pointe, said point being in the east line of said recorded in Document No. 2005-201391; THENCE South 07 deg. OS min. 21 sea West, through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the east line of said WB tract recorded in Document No. ZOOS-201391, and along the west line of said Villages Of Sunset Pointe, a distance of 131.03 feet to a 1/2 inch iron rod set for corner, said point being the beginning of a curve to the right having a radius of 1918.05 feet, and a delta angle of 10 deg. 21 min. 55 sec.; THENCE through the interior of said WB tract recorded in Volume 16942, Page 0369, and along the east line of said WB tract recorded in Document No. 2005-201391, and along the west line of said Villages Of Sunset Pointe, and along said curve to the right, an arc distance of 346.99 feet, and a chord bearing and distance of South 10 deg. 04 min. 19 sec. West, 346.52 feet to a 1/2 inch iron rod set for comer, said point being the southeast corner of said WB tract recorded in Document No. 2005-201391; THEi�TCE North 90 deg. 00 min. 00 sec. West, through the interior of said WB tract recorded in Volume 16942. Page 0369, and the south line of said WB tract recorded in Document No. 2005-201391, and along the north line of said Villages Of Sunset Pointe, passing the northwest corner of said Villages Of Sunset Pointe, and continuing a total distance of 888.11 feet to a 1/2 inch iron rod set for corner, said point being in the west Line of said WB tract, and said WB tract recorded in Volume 16942, Page 0369, same being in the east line of said Chen tract; THENCE North 00 deg. 24 min. 41 sec. West, along the common Iine of said WB tract recorded in Volume 16942, Page 0369, and said WB tract recorded in Document No. 2005-201391, and said Chen tract, a distance of 642.62 feet to the POINT OF BEGINNING and containing 1,570,565 square feet or 36.01 acres of computed land. TRACT 2 Being a 4.20 acre tract of Land situated in the J.F. Heath Survey, Abstract No. 641, in the City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land conveyed to WB 358 Partners, L.P. by deed recorded in Volume 16942, Page 0369, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod set for an interior corner of said WB tract, same being the northeast corner of a tract of land conveyed to Felix Chen by deed recorded in Volume 10998, Page 148, of the Deed Records of Tarrant County, Texas; THENCE South 89 deg. 53 min. 19 sec. West, along the common line of said WB tract, and said Chen tract, a distance of 81.38 feet to a pk nail set for corner, said point being the beginning of a curve to the left: having a radius of 13166,40 feet, and a delta angle of 00 deg. 17 min. 41 sec., THENCE through the interior of said WB tract, and along the east line of said Chen tract, and along said curve to the left, an arc distance of 67.72 feet, and a chord bearing aild exhibit X 111110014,1 ge A, ofA� distance of North 09 deg. 11 min. 03 sec. West, 67.72 feet to a 1/2 inch iron rod set for corner, said point being the most northerly northeast corner of said Chen tract, same being in the south right -of --way line of Sycamore School Road (a 130' right -of --way); THENCE North 13 deg. 14 min, 11 sec. East, through the interior of said WB tract, and through the interior of said Sycamore School Road, a distance of 150.63 feet to a 1/2 inch iron rod set for comer, said point being the POINT OF BEGINNING. same being a comer for a tract of land conveyed to Newmark Homes, L.P. by deed recorded in Volume 16943, Page 2, of the Deed Records of Tarrant County, Texas, same being in the north right-of-way line of said Sycamore School Road, THENCE tluough the interior of said WB tract, and along Newmark Homes tract, as follows: THENCE Nortli 11 deg. 10 min. 59 sec. West, 160.36 feet to a 1/2 inch iron rod set for comer; THENCE North 65 deg. 08 min, 08 sec. West, 68.88 feet to a 1/2 inch iron rod set for comer, said point being the beginning of a curve to the left having a radius of 13166.00 feet, and a delta angle of 00 deg. 54 min. 41 sec.; THENCE along said curve to the left, an arc distance of 209.42 feet, and a chard bearing and distance of North I I deg. 15 min. 41 sec. West, 209.42 feet to a 1/2 inch iron rod set for corner, said point being the most westerly southwest corner of said WB tract recorded in Document No. 2005-201391; THENCE through the interior of said WB tract, and along said WB tract recorded in Document No. 2005-201391, as foliotivso THENCE North 65 deg. 52 min. 20 sec. East, a distance of 424.4Q feet to a i/2 inch iron rod set for comer; THENCE South 24 deg. 07 min. 40 sec. East, a distance of 398.42 feet to a 1/2 inch iron rod set for comer, said point being in the north right -of tivay line of said Sycamore School Road, same being the southwest corner of said WB tract recorded in Document No. 2005- 2013910 ; THENCE South 62 deg. 37 min. 33 sec. West, through the interior of said WB tract, and the north right -of --way line of said Sycamore School Road, a distance of 296.01 feet to a 1/2 inch iron rod set for corner, said point being the beginning of a curve to the right having a radius of 1135.00 feet, and a delta angle of 08 deg. 24 min. 00 sec. THENCE along said curve to the left, an arc distance of 166.40 feet, and a chord bearing and distance of South 66 deg. 49 min. 27 sec. West, 166.25 feet to the POINT OF BEGINNING and containing 182,924 square feet or 4.20 acres of computed land. IsSwraW FileN06: 61999-701 EXHIBIT "A" TRACT 1: Exhibit go/of BEING A TRACT OF LAND LOCATED IN THE .I. F. HEATH SURVEY, ABSTRACT No. 641, THE T. & P. R.R. SURVEY, ABSTRACT No.1576, AND THE J. VALENT SURVEY, ABSTRACT No.1871, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN A DEED TO NEWMARK HOMES, L,P. RECORDED IN VOLUME 16943, PAGE 2, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A 1/2-INCH IRON ROD FOUND IN THE EASTERLY BOUNDARY LINE OF SAID NEWMARK TRACT AND LYING IN THE WESTERLY RIGHT-OF- WAY LINE OF SUMMER CREEK DRIVE, {A 120 FOOT WIDE RIGHT-OF-WAY} AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG TIIE 'WESTERLY RIGHT-OF-WA'i' LINE OF SAID SUMMER CREEK DRIVE AND THE EASTERLY BOUNDARY LINE OF SAID NEWMARK TRACT, AS FOLLOWS; SOUTIiEASTERL'i', AN ARC DISTANCE OF 302.21 FEET, ALONG SAID CURVE TO TIIE LEFT RAVING A RADIUS OF 1270.00 FEET, A CENTRAL ANGLE OF 13 DEGREES 38 MINUTES 04 SECONDS, AND A CHORD BEARING SOUTH 20 DEGREES 36 MINUTES 32 SECONDS EAST, 301.50 FEET, TO A 5/84NCH IRON ROD FOUND; SOUTH 27 DEGREES 25 MINUTES 34 SECONDS EAST, A DISTANCE OF 249.47 FEET TO A 5/8-INCH IRON ROD FOUND; SOUTH 27 DEGREES 20 MINUTES 53 SECONDS EAST, A DISTANCE OF 383.39 FEET TO A 1/2-INCH IRON ROD FOUND STAMPED "WIER � ASSOC, INC." AT THE BEGLNNING OF A CURVE TO THE RIGHT; SOUTHEASTERLY, AN ARC DISTANCE OF 121.44 FEET, ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS Off' 990.50 FEET, A CENTRAL ANGLE OF 07 DEGRIIES 01 MINUTES 29 SECONDS, AND A CHORD BEARING SOUTH 23 DEGREES 49 MINUTES 48 SECONDS FAST,121.36 FEET, TO A 1/24NCH IRON ROD FOUND STAMPED "WIER & ASSOC, INC." AT THE BEGINNING OF A REVERSE CURVE TO THE LEFT; SOUTHEASTERLY, AN ARC DISTANCE OF 75.03 FEET, ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 609.50 FEET, A CENTRAL ANGLE OF 07 DEGREES 03 MINUTES 12 SECONDS, AND A CHORD BEARING SOUTH 23 DEGREES 50 MINUTES 50 SECONDS EAST, 74.99 FEET, -- Exhibit X " Z o- TO A I/2-INCH IRON ROD FOUND STAMPED "WIER & ASSOC, INC."; SOUTH 27 DEGREES 20 ItIINUTES 32 SECONDS EAST, A DISTANCE Off' 201.87 FEET TO A 1/24NCH IRON ROD FOUND FOR A CORNER AT TIIE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG THE NORTIIERLY RIGHT-OF-WAY LINE OF SYCAMORE SCHOOL ROAD to 130 FOOT WIDE RIGHT-OF-WAY) AND THE SOUTHERLY BOUNDARY LINE OF SAID NEWMARK TRACT, AS FOLLOWS; SOUTH WESTERLY, AN ARC DISTANCE OF 97.86 FEET, ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 93 DEGREES 27 MINUTES 10 SECONDS, AND A CHORD BEARING SOUTH 19 DEGREES 23 MINUTES 03 SECONDS WEST, 87.37 FEET, TO A 1/24NCH IRON ROD FOUND STAMPED "WIER & ASSOC, INC." AT THE BEGINNING OF A COMPOUND CURVE TO THE RIGHT; SOUTHWESTERLY, AN ARC DISTANCE OF 105.51 FEET, ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1135.00 FEET, A CENTRAL ANGLE OF OS DEGREES 19 MINUTES 35 SECONDS, AND A CHORD BEARING SOUTH 68 DEGREES 46 MINUTES 25 SECONDS WEST,105.48 FEET, TO A 1/24NCH IRON ROD FOUND STAMPED "WIER & ASSOC, INC." AT THE BEGINNING OF A REVERSE CURVE TO THE LEFT; SOUTHWESTERLY, AN ARC DISTANCE OF 194.53 FEET, ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1265.00 FEET, A CENTRAL ANGLE OF 08 DEGREES 48 MINUTES 39 SECONDS, AND A CHORD BEARING SOUTH 67 DEGREES 01 MINUTES 53 SECONDS WE'ST,194434 FEET, TO A 1/24NCH IRON ROD SET STAMPED "WIER & ASSOC, INC."; SOUTH 62 DEGREES 37 MINUTES 33 SECONDS WEST, A DISTANCE OF 19$.72 FEET TO A 1/2-INCH IRON ROD SET STAMPED "WIER & ASSOC, INC.", BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT 1R, BLOCK A, RESIDENCES AT SUNSET POINTE, RECORDED BY PLAT IN CABINET A, SLIDES 11867 AND 11868, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE ALONG THE EAST LINE OF SAID LOT 1R AND A WEST LINE OF SAID NE'VVMARIC TRACT AS FOLLO'i'VS: NORTII 27 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE OF 47.74 FEET TO A 1/2-INCII IRON SET STAMPED "WIER & AS50C, INC." AT THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT; NORTHWESTERLY, AN ARC DISTANCE OF 84.74 FEET, ALONG SAID NON - TANGENT CURVE TO THE RIGHT HAYING A RADIUS OF 525.Op FEET, A CENTRAL ANGLE OF 09 DEGREES 14 MINUTES 54 SECONDS, AND A CHORD BEARING NORTH 22 DEGREES 45 MINUTES 00 SECONDS WEST, 84.65 FEET, TO A 1/2-INCH IRON ROD FOUND STAMPED "WIER & ASSOC, INC."; 1 � I a • 4 SOUTH 62 DEGREES 38 MINUTES 40 SECONDS WEST, A DISTANCE OF 116.23 FEET, TO A 1/24NCH IRON ROD SET STAMPED "WIER & ASSOC, INC." AT THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT; NORTHWESTERLY, AN ARC DISTANCE OF 215.55 FEET, ALONG SAID NON - TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 640.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 17 MINUTES 51 SECONDS, AND A CHORD BEARING NORTH 10 DEGREES 08 MINUTES 47 SECONDS WEST, 214.54 FEET, TO A 1/2-INCH IRON ROD FOUND STAMPED "WIER & ASSOC, INC."; THENCE NORTH 00 I}EGREES 29 MINUTES 52 SECONDS 'WEST, A DISTANCE OF 640,34 FEET, TO A 1/24NCH IRON ROD SET STAMPED "WIER & ASSOC, INC." AT THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT AND BEING THE MOST EASTERLY NORTHEAST CORNER OF SAID LOT 1R; THENCE ALONG THE NORTH LINE OF SAID LOT IR AS FOLLOWS: SOUTHWESTERLY, AN ARC DISTANCIa OF 122.42 FEET, ALONG SAID NON - TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 360.00 FEET, A CENTRAL ANGLE OF 19 DEGREES 29 MINUTES 01 SECONDS, AND A CHORD BEARING SOUTH 75 DEGREES 36 MINUTES 51 SECONDS WEST,121.83 FEET, TO A 1/2-INCH IRON ROD FOUND STAMPED "WIER & ASSOC, INC."; SOUTH 65 DEGREES 52 MINUTES 20 SECONDS WEST, A DISTANCE OF 1218.22 FEET, TO A 1/Z-INCH IRON ROD SET STAMPED 11V4'IER & ASSOC, INC." AT THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; THENCE NORTHWESTERLY, Ai�T ARC DISTANCE OF 737.02 FEET, ALONG SAID NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 12992.54 FEET, A CENTRAL ANGLE OF 03 DEGREES 15 MINUTES 01 SECONDS, AND A CHORD SEARING NORTH 15 DEGREES 45 MINUTES 07 SECONDS WE, 736.92 FEET, TO A 1/2-INCH IRON ROD FOUND STAMPED 11WIER & ASSOC, INC."; THENCE NORTH 16 .DEGREES 46 MINUTES 29 SECONDS WEST, A DISTANCE OF 105.72 FEET, TO A 1/2-INCH IRON RUD FOUND WITH A CAP STAMPED "TESSCO"; THENCE NORTH 27 DEGREES 01 MINUTES 32 SECONDS EAST, A DISTANCE OF 79.27 FEET, TO A 1/2-1NCH IRON ROD FOUND WITII A CAP STAMPED "TESSCO" AT THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; THENCE NORTHEASTERLY, AN ARC DISTANCE OF 239.58 FEET, ALONG SAID NON -'TANGENT CURVE TO TI3E LEFT HAVING A RADI[TS OF 2053.OS FEET, A CENTRAL ANGLE OF 06 DEGREES 41 MINUTES 40 SECONDS, AND A CHORD BEARING NORTH 23 DEGREES 49 MINUTES 04 SECONDS EAST, 239.75 FEET, TO A 1/24NCH IRON ROD FOUND WITH A CAP STAMPED "TESSCO"; THENCE NORTIi 89 DEGREES 59 MINUTES 36 SECONDS EAST, A DISTANCE OF 1442.I8 FEET, TO THE PLACE OF BEGINNING AND CONTAINING 39.874 ACRE (1,736,904 SQUARE FEET) OF LAND. TRACx 2: BEING A TRACT OF LAND LOCATED IN THE J.F. HEATH SURVEY, ABSTRACT 40. 641, AND IN THE A.H. HODGE SURVEY, ABSTRACT NO.1789, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, DESCRIBED IN THE DEED TO NEWMARK HOMES, L.P. RECORDED IN VOLUME 16943, PAGE 2, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POIIv'T BEING IN THE NORTH RIGHT-OF-WAY LINE OF SYCAMORE SCHOOL ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AS DEDICATED BY PLAT IN CABINET A, SLIDES 9815-9817, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND IN THE WEST LINE OF A TRACT OF LAND DESCRIBED BY DEED TO SUMMER SYCAMORE I, LTD., RECORDED IN C.C. No. 200&233688, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE ALONG THE SAID NORTH RIGHT'-QF-'4i'A'1' LINE OF SYCAMORE SCHOOL ROAD AS FOLLOWS: ALONG A 1135.0p FOOT Ct1RVE TO THE RIGHT RAVING A CENTRAL ANGLE OF 9023'20", AN ARC LENGTH OF 185.99 FEET, AND A CHORD BEARING OF S 75043'07" W,185.78 FEET TO A 1/2" IRON ROD SET WITH CAP STAMPED "WIER & ASSOC INC"; S 80°2414$" W, 531.37 FEET TO A POINT, BEING TIIE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS GF 1I35.00 FEET; ALONG SAID CURVE TO TIIE RIGHT HAVING A CENTRAL ANGLE OF 9°28'31 ", AN ARC LENGTH QF 187.70 FEET, AND A CHORD BEARIlNG OF S 85009103" W,187.49 FEET TO A 1/2" IRON ROD SET WITH CAP STAMPED "WIER & ASSOC INC"; S 89°.53'19" W,111A9 FEET TO A 1/2" IRON ROD SET VS'ITH CAP STAMPED "'WIER & ASSOC INC", BEING IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS ELECTRIC SERVICE COMPANY, RECORDED IN VOLUME 7080, PAGE 88, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE N 00006'30" W DEPARTING SAID NORTH RIGHT-OF-WAY LINE OF SYCAI1iORE SCHOOL ROAD AND ALONG THE EAST LINE flF SAID TEXAS ELECTRIC TRACT, 674.74 FEET, TO A 1/2" IRON ROD SET WITH CAP STAMPED "'WIER & ASSOC INC", BEING THE NORTHEAST CORNER OF SAID TEXAS ELECTRIC TRACT; THENCE S 89052148" '"' ALONG TNF. NORTH LINE OF SAID TEXAS ELECTRIC TRACT, 279.84 FEET TO A 1/2" IRON ROD SET WITH CAP STAMPED "WIER & ASSOC INC"; THENCE N 27001132" E,1310.82 FEET TO A 112" IRON ROD SET WITH CAI' STAMPED "WIER & ASSOC INC"; TIiENCE) 16°4b'2b" E,1{35.72 FEET TO A 112" IKON ROD SET WITH CAP STAMPED "WIER & ASSOC INC", BEING THE BEGINNING OF A CURVE TO THE RIGHT HATING A RADIUS OF 12992.54 FEET; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 3°15101 ", AN ARC LENGTH OF 737.02 FEET, AND A CHORD BEARING OF S 15044136" E, 736.92 FEET TO A 1/2'{ IRON ROD SET WITH CAP STAMPED "WIER & ASSOC INC"; THENCE N b5°52'20" E, 57.32 FEET T'O A 1/Z" IRON ROD SET WITH CAP STAMPED "'WIER & ASSOC INC"; THENCE S 19°07'23" E, 472,57 FEET TO A POINT, BEING THE SEGINNIl�iG OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5730.59 FEET; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A CENT1t.AI, ANGLE OF 01004'51"5 AN ARC LENGTH OF 108.10 FEET, AND A CHORD BEARING OF S 18034157" E1108.10 FEET TO A 112" IRON ROD SET WITH CAP STAMPED " NNUR & ASSOC INC"; THENCE N 65°52'20" E, 88.68 FEET TO A 1!2" IRON ROD SET WITIi CAP STAMPI+.D "WIER & ASSOC INC", BEING THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 13166.40 FEET; THENCE ALONG SAID NON -TANGENT CURVE TO THE RIGI3T HAVING A CENTRAL ANGLE OF 00°5441 ", AN ARC LENGTH OF 209.43 FEET, AND A CHORD BEARING OF S 11015'31" E, 209.42 FEET TO A 1/2" IKON ROD SET WITH CAP STAMPED "WIER & ASSOC INC"; THENCE S 65008'08" E, 68.88 FEET TO A 1I2" IRON ROD SET WITH CAP STAMPED "WIER & AS50C INC"; THENCE S 11°10'59" E, I60.36 FEET THE PLACE OF BEGINNING, CONTAINING 25929 ACRES {1,129,487 SQUARE FEET) OF LAND. TRACT 3: BEING A TRACT OF LAND LOCATED IN TI3E A.H. HODGE SURVEY, ABSTRACT N0.1789, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, DESCRIBED IN THE DEED TO NEWMARK HOMES, L.P. RECORDED IN VOLUME 16943, PAGE 21 DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.) AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: SE(yINNING AT A POINT BEING IN THE SOUTH RIGHT-OF-WAY LINE OF SYCAMORE SCHOOL ROAD (A VARIABLE WIDTFI RIGHT-OF-WAY) AS DEDICATED BY PLAT IN CABINET A, SLIDES 9815=9817, PLAT RECORDS, TARRANT COUNTY, TEXAS AND BEING THE BEGINNING OF A CURVE TO THE LEFT; Exhibit "�• Page A, of J THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 13166.40 FEET, A CENTRAL ANGLE OF 00017'41 ", AN ARC LENGTH OF 67.72 FEET, AND A CHORD BEARING OF S 09011103" E, 67.72 FEET TO A 112" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", THENCE S 89°53' 19" W, 372.58 FEET TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WWR & ASSOC INC" IN THE SOUTH RIGHT-OF-WAY LINE OF SAID SYCAMORE SCHOOL ROAD; THENCE N 84°24'48" E ALONG THE SOUTH RIGI3T-QF-WAY LINE OF SAID SYCAMORE SCHOOL ROAD, 241.24 TO A 1/2" IRON ROD SET WITH A CAP STAMPED "WIER & ASSOC INC", BEING THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SYCAMORE SCHOOL ROAD AND ALONG THE SAID CURVE TO THE LEFT HAVING A RADIUS OF 1265.00 FEET, A CENTRAL ANGLE OF 05044'58111 AN ARC LENGTH OF 12694 FEET, AND A CHORD BEARING OF N 77732'18" E, 126.89 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.265 ACRES (11,561 SQUARE FEED OF LAND. a� Exhibit Wage .3— of .3 )�JulFOr*m 11'.[E, I sign auttzonty a of public in acid for the State of Texas, on this day pusonally d� jyt::a;.ta 4 CS `1 known to me to be the same person whose mme is subscriW to the for � instrument, and arknowledged to mez that the same was the act of _ - s,a at he/she cxccutcd the same as tho act of paid he pos i yan c .on erom expzRt d an in the capacity therein stated. j v+Ca 4 ram. OF L � '•.`r�r`t��. .r C 42 � v Rj I& GIVEN LMER MY HAND AND SEAL OF OFFICE this day of 2006. .����vPug,�s dFFIC1ALSEAL . Kim Zepeda Stair Of Val m L �t4 OFK afA . nay March n lon0.71rem Notazy Public in and fOr the State of Texas zoom Elii.7.l. IA t*A' I~ITTG .?� I'RA CT OF LAND, LOCATED TAT TTIE 7. vANLE1VT SUltVE4', ABSTRACT �To 1$7164 . A1Z..P.O.AD SURVEY, ABSTRACT Nu. 1576, CITY OF FORT WORT74, TA"ANT COUNTY, TIlXAS, AND BFONCr A PORTION OF 'IBAT CZ�RTAIN TRACT OF LA24D DES=ElD ]N D TO COLUNMU'S TrR&U.-94, LTD., I13COXMW IN VOLUI`vffl 1175I, PAGE 123, DEW P.ECOXDS, TARRANT GO't.ICY, TEXAS, AND EBINO MORE PARTICULARLY DESCRIBED BY M,F5TES AND BOUNDS AS FOLLOWS: I�EGIIV?47NCi A7' A 5I�" ri2f)N'R(7'fa 'R{7TTNT7ITT TF�R WRCT T.TNF: QF �,ATTy C_'DL.T_TML�Li3 TI�AIr.:g4, �.TD. TRACT IN'a� EAST LINE t7P SUT�vIER CREED DRtv,R (,� 6D k'OO'T' ItT.G�T-OF-V7AY) FcECc�K�ED T.hi CABINET A, SLIDES 9815�9817, P.LT.C-T, S3ZNG 3W A CURVE TO THE LEFT HAVING A RAI)XUS OF zz20.64 rBBT; "HENCE ALONG SAID CURVE TO TT;V 7 _�:�' ,E'AVING A, 7YELT'.A. AVGT.E Ok' 17 DEGREES Al TTES 25 SECC)NDS, A CHORD BEt�R]NG NORTH 1$ T)EGItJ:P�S S9 IvTJIVUCES 23 SECON175V�ST, �58.64 FEET, AND AN ARC L8N(M OF 661.08 FEET TO.A. 3/4" IRON ROTA FOUND; THENCE NQRTH 27 DEGREES 20 MINTJTTS 32 SECONDS WEST, A DIS'Z'ANCE OF I.039.I.1 F'EE'T' TO A 1/2" 1RON R©fl SET V�iT%T A CAP S'Tx1.iVIpED "WIER & ASSQC. INC." FQR TEE MQS'i' 2VORTII�EASTEI�T..Y CURNER OF SAID St7Iv1i�IEiZ, CRZEK DRiVEY 14 ENCE NbRTH 63 T)FCrRERS 7.0 MWJTi?S 57. SFMNi?S RA ST, A T)TSTANCR OP 57.9,7 P''RTPwT Tn A 5/8" 1�ON RC3D FOL'NI7 'W'TTS�.A CI�.F STA1vI�.ED "47.-24", 33IrING THE SDUTEIR'EST COItNEI�. OP LbT �$, BT�QCK 4, SU. M, E& CREED MEADOWS, PHASE TV', AN ADDTTION TO TM CITY OF PORT WORTH TEXAS, RECORDED BY)'LA.T IN CA13I1NET A. SLIDE 7165, P LT.C.T.; TIIFNCE SOUTH 27 bLGREES 251V7Nt7TES 39 SECONDS EAST, A DISTANCE DE 745.53 FEET TO A S/$°' IRON ROD FOUNT? WTT�T A CAP STAMPED "4Z24°', SEII�G 'T'�TE BEG�+T,ING OF A CURVE '� T EFT ' FfAVIN%"T A RAI7ICJS QF 90.OD FEET; y_L+�rlington)obs'�pa3\p3p23-SSRtI]rawittg'stiFxhrbits•P]a;r7irtg1RS023�drni;�esrnt•04i105•GC'1RQW-trxris_ttaft- NtiGlilight o ��,%av�caacmrnt_Gol-'�'s'OSg4p6.do� 3 ��,�+��� ' 'Exhibit z "' �— , . " ' Page 3 of 3 THENCE ALONG SAID CUR'�'B TO THB I.,EFT HAVING A DELTA ANfxi.E OF SAD DEQT{B$S OD MT.IVLITES D; SECcjN77S. A CHARD BEAX2,L�iG sr�I 72 I7FGRLES zs MTNiJ'�,',tyS 4U SECONDS EAST,", I.27.�� FEET, AIv'D A�T ARC L�L'NGTH aF I4�..37 FELT TO A �l8'' I70N J�,()17 �'OUN7U gv'TTI3 A CAP STAGED "4224", T,EIFNCB SC7U'IH 32 TJEGIZEES 39 I�[NUTES 20 SECa7v7�8 EAST, A DIS'Z`ANCE �}F 132.54 FEET'z'O A 5/�" IRON R017 �'C3LTND 'GVTIH A, GAP STA.'N1PED "4224", $tG Ti�i3 $ECrIN.NTNG 0�' A CU$.'VF TIC LEFT hAV'1Nr A R.ADILTS �F 90.Ob FEET; 'I'F�sNCE ALt�NG SAID CAVE TO TI3E LEFT H,4'VTNG ,A. DLI,TA. ANGLE OF $9 D£CR�S 32 M'i'hiT_iTES 33 SECO�S, A �.E�UFt7) li�.A KdNG SOL)TFi 17 DEGREES 44 M'tN[J'TES p� SE�QNI3S WEST, 126.77 FEET, AND A'f� ARC LBNGTkI Of� i4D.F5 k"$ET'I'O A 5/8" E~iON RGD FC�L�v`D NTH A CA$ S'Z'AMPEI] "4224", BEIIrTG TEE BEGINI��TG 4F A CURVE TQ THEE RrGST F3A't�7Nc T; � Tz�.1l7IUS f�F 2292. F4 SET; THENCL� ALOIJ'C SAII7 Ct�lZVE TO ItIG�IIT S�.VING A, DELTA ANGLE OF 03 DEGREES 44 MINCJTES SS SECa�r.DS, A CHUM Dada S(�IITI� z5 Y)�?GP,I:Es b9 MiNLiZ�S 4y SECONDS BAST, 149�97 F�BT, AND AN' ARC LfiNCsZT3 OF ] Sa.00'FBET T'O A"5/$" IkLON ItQD FQLiN'D WZTfi A CAS' STAIvJ,pEI� "4224", $E$riG T� BEGiT3J�'r OF A. CURVE T'a TT-TE RZGIiT' �1.VING A RAJ)ICTS OF GZ0.00 FEET; 'SHENCE ALCZV"C SAID CCFRVE TO THI3 ESG�IT �iAVXNG A DELTA ANGLE' OF 49 bEGRREBS 481vImTtrr,ES 1 � SECONI?S, ,A. CHOItU BRA12'!'N(; SnU7� 18 DFG�.EES 23 MXIv�T[�S 1�4 SEG(]I�i15 EAS'Z', 10�F.23 FEE', ANI] AN ARC LENGTFI OF 1643$ PEST TC7 A 5/$" IRON ItO7.7 FOUND WI'IT;I A CAI' STAIM:PED "4224", BEING TIDE EE�� aF A cv�.VB Ta TI3E LEFT HAVTN'G .� ItA:C71C15 QF s9a.00 FEFsT; T�NCB A,LONCx SA1D CURVE Tt7 THE LE�FI' IiAViNG .A. 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R�4�, P �.'r.�.T.; TI3'ENGE NC71�.T'.t� 89 DECrS I4 h�INC+"'('ES 53 SECONDS WEST, A T3X5T'ANCB t7F �D.92 FEET' 7'O TIE P�A.CE OR BEGT3v'NING hND CONTAY'NN77NC �.790 A��T1��S (�Z1,51T SQ1C�A.RE FEi�Tj Ok �.ANl�; 'k:�fsrlin�cm Jobs120031030:c3.55R�Drawm�cl,�y;hibtts-Plarming�fj3tl23-d; ainr.��tft-04i 105fi,C1Rppi.-tra�ts_esmt- ]vxJClRi�ht'_af Way_raeomcnt Cot-Tr-OSOag6.doc #1693 P.008 Exhibit z- 220v� y VV41 za V WET,GH �'NGiNdnkSIVG� dNG .'�1i'`►'':xag *.W.Jupalm f T 2iS 23 94 L t4 _ T1 4 P. R. R. CO. SuRV$Y•••, � a. VANLENT CURVEY �• .- I elli t we or 1 f jai �� $ \ rG' WtWA X HOYCB. L. p. r C q?�•�' VOI.VAe 16CSS1 \rR5°�O� { i � G 6� /AiP� � IN .+ � N r '"� 1 r• YOLUNE 16514$, PAGE S00 Ap S RYI1P �NpCR) \l` �� . � P 1 { 1 ALL CORNERS ARE S/B• IRONS Wr'CAP SE're { aouRBE SEARING 019TAN:E 1, R-2 SE40 I7' md# 22 1 1 1 GUAW RAOIUC LcN9TH DELTA CHDRD CH' 9[ARINO C-I 1145,CO 1!54,on, T•4YOS' 1046vt too•ZO" C s AAe, °Y ITn' pA Q"40' n3" 1�d104$ m5re) 72�c G LOT IIB 0-4 1250,44' •2,02, 1100 IT 9:1DI1 N091ae'OO•E 9L(((7CCCIII((( A l E7A91B CF SEARING 10 THE VARIOUS pLATS CF WK0 CAC" WADWE i `I 9kET7M PLAT OF OWMER CAEER BNBINFBB DAM M SHOW OR THM 4 j' 3U►tYEYkD ON THE GROUND IN APR ILCOF 2Cc?7. STEVE MILLER t*aLUMg,�STRAIL 9URver LIhE 21 9Ui1NE96 PAAk �- CA9I1(T AI KIR F6060 L1 9` 19 w R6WtIMO) SIfEr7CM SHOWING Fi ti 9E 11i19 I, 1.YA4 L+F AN AC J. VAKLENT SURVEY, C I Tr OF FbRT WOR71io 7 4 30 aAlo—crTsrs Es reixolBiTs T -OF WAY EASI=tVEN'Y ( 61s 47.g S. F. 1 Ir# THE isT ,acI rioa war auT COUNTY, TEXAR YIIVG`r lIVG'r ®f 2.� ' 1 �.y4d(ruriHTNGINy' �i6Bs P, ' 2 1 RIGHT 4l7i 'W,A.X rXsrhxu1 NT Seine a tract of land in the 7, Vattleut Sw"myy Abstrsct No& 187I, Tatmnt County, Texas seed also being a pnrtion of that 946523 AWN tract of head drs�bW ir1.4 docd to Coiurabus 7 Wfn94, Ltd. and recorded in Volurne 11751, Page .123, Deed Records, 'Tamint County, Texas and being mote particularly decGribed as followst Beeitttting tit a 5/8 iron witl2 cap set in at the southwest comer of U. 17 Black 4, summer C mk Meadows, as addition to the City o€Fort Worth as sh6 wn. ott the Pw m. Lorded in Crthitiet A,, Slide 5619, plat, Rcwrdg, Tarrant CvLuity, Tc as and bein in the wrtbcdy 117te of Syoantcse'Sch,00l Roast at its westerly terminus; l�encc S 04 dem" 40 mWilm t I s rsonds ls,v;th. the Ifrxc ofthc wilurly Maus of Sycamore School Road,120.82 fact to a 5/8" iron with tap sot: ' X7tence $ 24 degrees 17 minutea 56 eFrnnds F, with t8a lino of the w erly terminus of Syoantor¢ School Road, 2.93 feet to a 5/8" iron with cap set at the inning of a curve to the left in the southerly lino of Sycamore School Road and also boW at the northwest cotter of Lot 20, Block 1, Summm C"ek Mcado%vc, mt. addMon to the City of For Worth as shown on tho plat 7eoorded in Cabinet A, Blida 4234, said f lat meords; 'Iitcpce 154.8g Feet with the ore ofsaid Curve to rho loft to a ,SJS" irQIwiu[ unp Set, sold �ut n has a radius of 1,140,00 feat, a ctntrsl angle of 7 degrees 47 aunutes o socortds aQd a long chord which bears S t5d degrees 26 minutes 29 seconds 154,77 feet; '{hence S 62 degroes 32 minutes 56 seconds W, 189:93 feet to a. 5/8"++UC\}p with nap set itr au 000Mly Bete afa right of way easement 10 the City of Fort Worth ds shown in the lrssttument retordad under Tarmnt County Clerk& t Jrkf&vment No, T.1�O�i152U55; tettcc N 32 degrees 36 minutes 47 seconds W witty the easterly linclofsaid rigln of ws�v easctxttrt�t, 132.54 fcct to a 5/S" imn with. cad get; Thence N 62 degrees 32 m nxttes sG =ends 8, 150400 reef to a 5/8" iron with cap set at the b6011 ng of curve to the rilght•, ence xOl.Gl [bet with the pre of, said curve to the cigltt to a Sf$" iro with set at the begls UWSF of a curve fi the loft. Said tutt+e to the t �+hi hcu a zndiva o 61.0-00 fcot, e central ao.glc of 9 degrees 32 minutes 3$ wcemds and a long chard which bears N 67 degt�cs 19 Minutes 15 secortd$ Fm,, 101,49 t'ect; , I Thecae 70.86 fcEt with the arc of said ctrrvc to the le,'ft to a Sl8" is�a7t tlt csp set at the beginning of a curve t0 the tight $aitl4tu've tp the left hsG [t radr`.us d ; 990.D0 feet, a epntral angle of dogmes 06 rrdrtutcs 03 seormdc anti a long chord wr{,lalt beru� N 7b degrees 02 rnioutcs 33 seconds Far 70M >ftet; ,Tltcncc 82.52 feet with file et'c of said tatrve to t}xn right to rltc pozrtx Jf brginniing and corttFil�ing L094 oi' art acre or 47,656 stlua�e lief. Skid czsrvo to the right lass a radius of 1,260,00 fee#, a central angle of 3 degrees 4S minutcfi IO :�ecvndS An� a Long chord which iseM N 69 degrees 52 minutia 06 sPronds F, 82,S 1 feet �Xhibit ' 2`* Page z of � Z Exhibit - 3 SUMMER CREEK MEADOIPS CA6/NET A , SLIDE 7165 I P R. T. I T. .qo�07 I MI MI JfI ulJz IJ, I m�2al sa tj6Z�9� N89 11'35�F 656.4881@1 _ (_ _ r NEl41l/ARK HOME$ LP. NaCUME 1694J , PACE 2 4 Y D.R. T.0 r. '� SCALE: 1 "=200' • , G � LTfl. v 9G ,23 / fPp� Uµ0 E 1,1511 NUZ) l 4229258 SQ.Frm 9.694 ACRES 8 POINT OF ' s� BEGINNING - (TRACT A ) 0 77 I 25' I= I 24 I U I 22 I 21 �Es' uri� L I e ate/ 1 EX 7. 5�' 147ury I 'T 1 'I'AM10 fJ6 `i� 56,i c 0 Od G800 r� >� N ta- ,Tn„ � y , A � L J4 `1 1� 4 U D' r - CD n nT rx`50 I/ 1Tr es;'r 1 1 SO4'39'03" 3.61' CWORE ;Cg00L S I gOAD �-Vlo G6 `120, WOE a1a+1 G� �Q3 s \ 'eo �256 Fj N6 $9 9� r C4 POINT OF `ao BEGINNWG f / \; (TRACT 'B'J / ' EX 70' RAVNa R.O.W AND EASEMENT Lm 11014 Pa 1J8 a.R ra r. N! WB J58 PARTNERS, LP. WLUME 16942 , PAGE J69 R=228D.64' T=166.72' L=332,85' LC=N14'17'11 "W 332656' y4, �q3 ,�pl� �pAGE \ GouIj NOV E 1 RP�pER) 362,502 SQ.FT, 8.322 ACRES o'7 o!s/ N89'12'17"W 373.64' corgi gDarr SUMMER CREEK BUSINESS' PARK CAB/NET A , SLIDE 949J P.R. T.C. r. 25'35'31"E 61.15' y 09'O5028"E ! 57.39' 1J i m - -C) N 8 N O o e0 60.58' CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD LENGTH C1 5'01'33' 990.00 43.45 86.84 N15'57'17'Y 86.81 C2 9'48'16610.00 52.32 104,38 N1B20'38'V 104.25 C3 3*441550 2292,64 75,03 15D.00 N25'07113'H 149.97 C4 89'32'37' 90.00 69.29 140.65 N17'46'38"E 126.77 C5 7.47'05' 1140.00 77.57 154.89 N6626'29"E 154.77 C6 3745'10' 1260.00 41,28 82,53 S69'52'06'M 82,51 E7 4*06'03' 990,00 35.44 70.86 S70'02033"M 70,84 CB 9032'38' 610.00 50.92 701 .61 S6T19'15'V 101.49 C9 90'00'00' 90.00 90.00 141 .37 N7227'04'N 127.28 C C Z- 3 DESCRIPTION Page 2. Of Z (TRACT "A") BEING a 9.694 acre tract of land situated in the J. VAN LENT SURVEY, ABSTRACT NO. 1871 and the T. & P. R.R. COMPANY SURVEY, ABSTRACT NO. 1576, and being a portion of that tract of land described in deed to Columbus Trail-94, Ltd. and recorded in Volume 11751, Page 123, Deed Records, Tarrant County, Texas, said 9.694 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the northerly right -of --way line of Sycamore School Road (a 120' wide right-of-way), said point being the southwest corner of Lot 1, Block 4, Summer Creek Meadows, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 5618, Plat Records, Tarrant County, Texas and being at the beginning of a curve to the left having a radius of 1260.00 feet and whose long chord bears S69052'06"W, a distance of 82.51 feet; THENCE in a southwesterly direction along said curve to the left, and the north right-of-way line of said Sycamore School Road, through a central angle of 03°45'10"1 an arc length of 82.53 feet to a point at the beginning of a curve to the right having a radius of 990.00 feet and whose long chord bears S70002'33"W, a distance of 70.84 feet; THENCE along said curve to the right, continuing along said north right -of --way line, through a central angle of 04006'03", an arc length of 70.86 feet to a point at the beginning of a curve to the left having a radius of 610.00 feet and whose long chord bears S67019'15"W, a distance of 101.49 feet; THENCE along said curve to the left, continuing along said north right-of-way line, through a central angle of 09°32'38", an arc length of 101.61 feet to a point at the end of said curve; THENCE S62032156"W, along said north right -of --way line, a distance of 150.00 feet to a point at the beginning of a curve to the right having a radius of 90.00 feet and whose long chord bears N72027'04"W, a distance of 127.28 feet; THENCE along said curve to the right, through a central angle of 90°00'00", an arc length of 141.37 feet to a point at the end of said curve in the east right -of --way line of Summer Creek Road (a variable width right -of --way); THENCE N27027'04"W, along said east right -of --way line, a distance of 745.53 feet to a point for the southwest corner of Lot 38, Block 4, Summer Creek Meadows an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 7165, Plat Records, Tarrant County, Texas; THENCE N62059'14"E, leaving said right-of-way line, along the south line of said Lot 38, a distance of 71.15 feet to a point for corner in the south line of Lot 37, Block 4, said Summer Creek Meadows; THENCE N89011'35"E, continuing along the south line of said Lot 37, a distance of 656.48 feet to a point in the south line of Lot 26, Block 4 for the northwest corner of Lot 8, Block 4, Summer Creek Meadows, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 5618, Plat Records, Tarrant County, Texas; THENCE S11020'34"E, leaving the south line of said Lot 26, along the west line of said Lot 8, a distance of 588.56 feet to a point in the west line of Lot 1, Block 4, said Summer Creek Meadows; THENCE S04039'03"E, continuing along the west line of said Lot 1, a distance of 3.61 feet to the POINT OF BEGINNING and containing 422,258 square feet or 9.694 acres of land. (TRACT "A") SHEET 1 OF 3 Exhibit �- y ) UMMERR CREEK MEADOFYS CAB/NET A , SLIDE 7165 P R. T. C T. 1�n� I I I 'K I JJ I J2 I J1 I JD I 19 I M I 27 I 26 I 25 I 24 I 2J N6ti5g�y N89011'35" 656.48'� _ Ex'�s uric�Es r \ 1\ OB Ex 750 unurr E5v7 1 \ \2rxj� NEWMARK HOMESOLUME 16943, D.R. T.G r. '�O SCALE: 1 "=200' A 123 spit 'ppGI G0 ooe 4129258 SQ.FP. 9.694 ACRES C9 POINT OF ' BEGINNING - (TRACT A 56 � Sg2 Fo Op C0 G5 / 56 2 c4 POINT OF BEGINNING (TRACT WB 356 PARTNERS, LP. WLUME 16942 , PAGE 369 R=2280.64' T=166.72' L=332, 850 LC=N14'17'11 "W 332,56' c 4 190 �o 5 1n J 2 2 1 J 1 4 1 C5 EX� VM1 C 1 1 SO4'39'03" 1 3.61' SCg00L E,pTy Ci6' Roo_OF_y1A'n X 2D' nhYNEL R.O.W. � AND EASdEN7 PG JJB DR. r.G r. v S� VP cc 94 jg5 .�P1� �PpgE \ (36291,1502 SQ.FP. 22 ACRES N89'12'17"W 373. for � B[oar 1 SUMMER CREEK BUSINESS PARK CAB/NET A , SUDE 949J P.R. T.C. r. COLU11iBUs TRAIL 25'35'31"E 61.15' 09'05'28"E C 57.39' IJ /2 m� �l JD ti O N 9 N o BQ7 60.58' - S02'28'OS"W 6.75' S 4 J 1 CURVE TABLE CURVE DELTA RADIUS TANGENT LENGTH CHORD BEARING CHORD LENGTH C1 5'01'33' 990.00 43.45 86.84 N15'57'77'M 66.81 C2 9048'16" 610.00 52.32 104.38 N1870'38"M 104.25 C3 3.44'55" 2292.64 75.03 150.00 N25'07'13'M 149.97 C4 89632137" 90.00 89.29 140.65 N17.46038"E 126.77 CS 7'47'05" 1140.00 77.57 154.89 N66626'29"E 154.77 C6 3045. 10" 1260,00 41.28 82.53 569.52'06"W 82.51 C7 4.06'03" 990.00 35.44 70.86 S70'02'33'H 70.84 C8 9032'38" 610.00 50. 92 101.61 S67019'15"M 101.4' C9 90'00'00" 90.00 90.00 141.37 N72'27'04"M 127.28 >i of 3 DESCRIPTION (TRACT "B") BEING an 8.322 acre tract of land situated in the J. VAN LENT SURVEY, ABSTRACT NO. 1871, and being a portion of that tract of land described in deed to Columbus Traik94, Ltd. and recorded in Volume 11751, Page 123, Deed Records, Tarrant County, Texas, said 8.322 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the southerly right -of --way line of Sycamore School Road (a 120' wide right-of-way), said point being the northwest comer of Lot 20, Block 1, Summer Creek Meadows, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 4234, Plat Records, Tarrant County, Texas; THENCE along the west line of Lots 5 thru 20, Block 1, said Summer Creek Meadows the following courses and distances: S24°18'06"E, a distance of 135.14 feet; S28°00'00"E, a distance of 220.41 feet; S25°35'31"E, a distance of 61.15 feet; S09°05"28"E, a distance of 57.39 feet; SO4°00'00"E, a distance of 420.00 feet; S03°07'33"E, a distance of 60.58 feet; S02°28'05"W, a distance of 6.75 feet to a point in the west line of Lot 5, Block 1, said Summer Creek Meadows for the no, corner of Lot 1, Block 1, Summer Creek Business Park, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slide 9493, Plat Records, Tarrant County, Texas; THENCE N890121171W, along the north line of said Lot 1, Block 1, Summer Creek Business Park, a distance of 373.64 feet to a point in the east right -of --way line of Summer Creek Road (a variable width right-of-way), said point being at the beginning of a non -tangent curve to the left having a radius of 2280,64 feet and whose long chord bears N14017'11"W, a distance of 332.56 feet; THENCE along said curve to the left and the east right-of-way line of said Summer Creek Road, through a central angle of 08°21'44", an arc length of 332.85 feet to a point at the beginning of a curve to the right having a radius of 990.00 feet and whose long chord bears N15057'17"W, a distance of 86.81 feet; THENCE along said curve to the right, continuing along said east right -of --way line, through a central angle of 05°01'33", an arc length of 86.84 feet to a point at the beginning of a curve to the left having a radius of 610.00 feet and whose long chord bears N18020'38"W, a distance of 104.25 feet; THENCE along said curve to the left, continuing along said east right-of-way line, through a central of 09°48'16", an arc length of 104.38 feet to a point at the beginning of a curve to the left having a radius of 2292.64 feet and whose long chord bears N25007'13"W, a distance of 149.97 feet; (TRACT "B") SHEET 2 OF 3 Z- THENCE along said curve to the left, continuing along said east right-of-way line, through aPae central angle of 03044'55", an arc length of 150.00 feet to a point at he beginning of a curve to the right having a radius of 90.00 feet and whose long chord bears N17046'38"E, a distance of 126.77 feet; THENCE along said curve to the right, through a central angle of 89°32'37", an arc length of 140.65 feet to a point at the end of said curve in the south right -of --way line of said Sycamore School Road; THENCE N62°32'56"E, along the south right -of --way line of said Sycamore School Road, a distance of 189.93 feet to a point at the beginning of a curve to the right having a radius of 1140.00 feet and whose long chord bears N66026'29"E, a distance of 154.77 feet; THENCE along said curve to the right, continuing along said south right -of --way line, through a central angle of 07047'05", an arc length of 154.89 feet to the POINT OF BEGINNING and containing 362,502 square feet or 8.322 acres of land. (TRACT "B") SHEET 3 OF 3 3 of,?� City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/18/2007 DATE: Tuesday, December 18, 2007 LOG NAME: 20SUMSYCCFA REFERENCE NO.: C-22594 SUBJECT: Authorize Execution of Community Facilities Agreement with Columbus Trail 94, Ltd., through Windfall Investments, Inc., its General Partner, and Summer Sycamore I, Ltd., through Legacy Capital Company II, a Texas Corporation, its Manager, for the Construction of Summer Creek Road and Sycamore School Road RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute the attached Community Facilities Agreement with Columbus Trail 94, Ltd., through Windfall Investments, Inc., its General Partner, and Summer Sycamore I, Ltd., through Legacy Capital Company II, a Texas Corporation, it's Manager, for the construction of Summer Creek Road and Sycamore School Road with City participation in an amount not to exceed $688,942,42; and 2. Waive the limitation of Section II, paragraph 11 of the Policy for the Installation of Community Facilities that limits City participation and recommend City participation in accordance with Local Government Code 212.072 and the Unit Price Ordinance # 14552. DISCUSSION: The 2007 Critical Capital Projects Fund includes funds for this project in the amount of $846,250. Columbus Trail 94, Ltd., through Windfall Investments, Inc., it's General Partner (Developer), the City, and Summer Sycamore I, Ltd., through Legacy Capital Company II, a Texas Corporation, it's Manager (Summer Sycamore) will share the cost of this project as established in the attached Community Facilities Agreement (CFA) and the table below. The estimated total cost of the improvements and related support services, including construction, project management fees, engineering, surveying and inspection is estimated to be $1,113,222.67. The Developer desires to make certain street, storm drainage, street sign, and street light improvements to Summer Creek Road and Sycamore School Road. Summer Sycamore desires to help fund the construction of the project by providing 30 percent (estimated at $120,000) of the required developer funds to build this project. The City would like to participate with the Developer to get the full section of the roadway built, including the oversizing of the community facilities. The City requests the waiver of Section II, Paragraph 11, which states the City Participation may not exceed 30 percent in a CFA. The City is participating at 30 percent of the required facilities and 100 percent of the oversizing. The City of Fort Worth would like to have this portion of Summer Creek Road and Sycamore School Road completed as soon as possible because of extensive citizen input on the need in this area. Based on unit prices from Ordinance #14552 and the project estimate of quantities, it has been determined that the City's participation shall not exceed $688,942.42. The summary of cost associated with the Summer Creek Road and Sycamore School Road are as follows: ITEM A. Construction 1. Streets 2. Storm Drainage 3. Street Lights 4. Street Name Signs B. Engineering Design (9 percent) C. Construction Staking, Admin. (9 percent) D. DOE (4 percent) E. Materials Testing (2 percent) SUBTOTALS Summer Sycamore Contribution TOTAL SUMMER DEVELOPER COST SYCAMORE COST CITY COST TOTAL COST $3691726.52 $250, 339.32 $1022092,42 $17,093044 $33,356.36 $14,131,58 7 065.79 $4241280,25 ($120,000,00) $3041280,25 $5301070.31 $358, 907.01 $146.368.08 $241506.56 $288,66 $80,981.71 $471625,35 $201176, 70 $10,088,35 $899,796.83 $6091246,33 $248,460.50 $411600,00 $490.00 $801981,71 $801981,71 $341308,28 $17 154.14 $688, 942.42 $1,113, 222.67 $120,000.00 $120,000.00 $688,942.42 $1,113,222.67 Construction plans have been prepared by Welch Engineering, Inc., and approved by the City of Fort Worth, Department of Engineering (DOE # 4612) on May 10, 2007. The engineer has obtained construction bids for the proposed work and the work will be authorized to begin with the approval of this C FA. Before the City issues a Notice to Proceed, Summer Sycamore shall place in escrow with the City $120,000 for its estimated portion of the cost of the Developer's share of the improvements. Summer Sycamore's participation is limited under the CFA to 30 percent of the Developer's cost. If the escrowed funds exceed 30 percent of the Developer's actual cost, the remainder will be returned to Summer Sycamore. This project is located in COUNCIL DISTRICT 6, Mapsco 102M. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. TO Fund/Account/Centers Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers C295 541200 206230078683 $688,942.42 Marc A. Ott (8476) Robert Goode (7913) Jim Walker (8009)