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Contract 40486
TRACT7Y SECRETARY RTATION IMPACT FEE CREDIT A THIS TRANSPORTATION IMPACT FEE CREDIT AGREEMENT (the "Agreement") is made and entered into effective as of the Effective Date (as defined below), by and among THE CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation situated in Tarrant, Denton, Parker, Johnson, and Wise Counties, Texas, and M&C DEVELOPMENT, LTD., a limited liability company (the "Owner") (the City and the Owner a "Party", and collectively, the "Parties"). RECITALS WHEREAS, the City is a home rule municipal corporation duly organized and validly existing under the laws and statutes of the State of Texas and is located within Tarrant, Denton, Parker, Johnson, and Wise Counties, Texas; and WHEREAS, the Owner is the owner of approximately 494.340 acres in Tarrant County, Texas, as described by metes and bounds in Exhibit "A" (the "Property") located within the corporate boundaries of the City. A map of the Property showing its location is attached hereto as Exhibit "B"s and WHEREAS, the Owner desires to proceed with development of the Property as described or illustrated on the Development plan, attached hereto as Exhibit "C", which Development Plan identifies the intended land uses in relation to the lay -out of on -site and off -site transportation facilities necessary for serving full development of the Property; and WHEREAS, the City has adopted a Transportation Impact Fee program pursuant to Tex. Loc. Gov't Code chapter 395, Ordinance No. 18083, under which charges ("impact fees") are imposed on new development for transportation facilities serving the development and which are identified within the City's adopted transportation improvements plan; and WHEREAS, transportation impact fees must be collected and spent within the service areas) in which the new development is located; and WHEREAS, the Property is located within service area G ;and WHEREAS, the transportation facilities shown on the Development Plan are identified within the City's adopted transportation improvements plan; and WHEREAS, Ordinance No. 18083 Section 145 provides for credits against impact fees for dedication or construction of transportation improvements shown on the adopted 146 CREDIT AGREEMENT U�-21-10 PO4:55 IN OFFICIAL RECORp CITY SECRETARY FT. WORTH, T) ! transportation improvements plan; and WHEREAS, Owner agrees to dedicate and construct the transportation improvements shown on the Development Plan in exchange for credits against future transportation impact fees; and WHEREAS, Owner has submitted a final plat to the City for approval, subject to dedication and construction of the transportation improvements shown on the Development Plan; and WHEREAS, based on the anticipated traffic impacts from the development, the City, and Owner contemplate the necessity for the construction of system facilities, which must be credited against transportation impact fees otherwise due; and WHEREAS, the City, in accordance with Chapter 395, has determined the maximum transportation impact fees to be charged against new development within service district no. G to be $ 755 per service unit; and WHEREAS, Owner has filed and recorded the following final plats: Section 5 & 6 (FP-007-007) Filed with the City on 01-18-2007 and Recorded at Tarrant County in Cabinet A Slides 12800, 12801, 12802 on 06-27-2008 WHEREAS, Owner has received approval for construction plans, executed Community Facility Agreements, constructed roadway improvements, obtained City acceptance of the improvements, and dedicated rights -of -way for the following: Section 5 & 6, D.O.E. No. 5573 NOW, THEREFORE, for and inconsideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the Owner hereby covenant and agree as follows: 1. Recitals. The recitals contained in this Agreement are true and correct as of the Effective Date and form the basis upon which the Parties negotiated and entered into this Agreement. 2. Transportation Improvements. Owner agrees to dedicate the rights -of -way for and construct the system facilities identified in Exhibit "D", which is attached hereto and incorporated herein by reference. For any transportation improvement which has been dedicated or constructed by Owner on the Property and accepted by the City prior to execution of this Agreement, the improvement shall be identified as completed on Exhibit 146 CREDIT AGREEMENT ..I j 3. Credits. The Parties agree that the estimated value of the credits for each transportation improvement, expressed in current dollars, shall be as set forth in Exhibit "E". The value of credits associated with the improvements first shall be reduced by the Schedule 2 impact fee associated with any lot for which a building permit has previously been issued, and the net value of credits shown on Exhibit "E" shall be considered as exact. 4. Phasing. The Parties acknowledge that, where it is anticipated that the project shall be developed in phases, the anticipated construction of improvements by phase shall be as depicted in Exhibit "D", which is attached hereto and incorporated herein by reference. 5. Allocation of Credits by Phase. The general allocation of credits to each phase of the development shall be as shown on Exhibit "F", which is attached hereto and incorporated herein by reference. The Parties agree that the credits identified in this Agreement shall not be deemed to have been created until the system facility for which credit is given shall either be guaranteed through an executed Community Facilities Agreement or approved and accepted by the City. The Parties further agree that, prior to the application of a credit against transportation impact fees otherwise due for any unit of development; the following events shall take place: (a) The Parties have entered into a Community Facilities Agreement for the dedication or construction of the system facility; (b) The number of credits resulting from such improvement has been valued; and (c) Concurrent with final plat approval, a credit allocation shall be provided by the developer for the phase of development to which the credit is to be applied, which allocation may either assign the credit, expressed in dollars, to each finally platted lot or may create a credit -pool to be utilized by that phase of development. . (d) To the extent that any credit balance remains after allocation of credits this Agreement may be amended to allocate such unused credits to subsequent phases of the development. 6. ProportionalitX. Owner agrees that the obligation to dedicate and construct improvements to serve the development shown on the Concept Plan, as provided in section 2 of this Agreement, and the credits against transportation impact fees attributed to such contributions and generally allocated to phases of the development herein, are 146 CREDIT AGREEMENT roughly proportionate to the nature and extent of the development shown on the Concept Plan. 7. Term and Effective Date. The initial term of this Agreement shall be ten (10) years from its Effective Date, in accordance with Ordinance No.18083, which shall be the date on which the last party executes the Agreement. 8. Agreement to Run with the Land. Owner shall have the right to assign this Agreement to any person or entity ("Owner's Assignee") with the written consent of the City, provided: (a) the assignment is in writing executed by the Owner and its assignee; and (b) the assignment incorporates this Agreement by reference and binds the Owner's Assignee to perform (to the extent of the obligations assigned) in accordance with this Agreement. Each Owner's Assignee shall become a Party to this Agreement upon the execution of such assignment. In no event may this Agreement be construed to authorize assignment of any credits attributable to a system facility to be dedicated or constructed hereunder for use outside the boundaries of the Property. 9. Amendment. This Agreement shall not be modified or amended except as follows: (a) Any amendment or modification to this Agreement or any Exhibit or schedule hereto shall be in writing and signed by the Parties. (b) Any revision, amendment, or modification to this Agreement, the Development Plan, or any Exhibit or schedule thereto, shall become effective on the date executed by the Parties or, as applicable, upon the date of approval by the City Council or designated city official. 10. Exhibits. The exhibits attached to this Agreement are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. 1-16 CREDIT AGREEMENT INAWITNESS WHEREOF, the undersigned parties have executed this Agreement as of the OL,� -day of 2010. CITY OF FORT WORTH, TEXAS Fernando Costa Assistant City Manager Recommended By: Director, Planning and Development Approved as to Form and Legality: Amy J. Ramsey ATTEST: Marty Hendrix City Secretary 1-16 CREDIT AGREEMENT E OWNER By: General Partner M&C Development, Ltd. lO 1tA2a itJII�ED OFFICIAL RECO[�D CITY SECRETARY FT WORTH, TX EXHIBIT LIST Description of the Property "B" Map of Property "C" Development Plan Map "D" Transportation Improvements "E" Credits Against Transportation Impact Fees "F" Allocation of Credits 1-1b CREDIT AGREEMENT EXHIBIT "A" PAGE 1 OF 7 LEGAL DESCRIPTION — NORTH TRACT BEING all that tract of land in the City of Fort Worth, Tarrant County, Texas, a part of the JOSEPH BOWMAN SURVEY, ABSTRACT NUMBER 79, a part of the ALEXANDER ALBRIGHT SURVEY, ABSTRACT NUMBER 1849, being a part of that 964.473 acre tract of land described in deed to HAYCO Realty, Ltd. as recorded in Volume 14192, Page 644, Tarrant County Deed Records, being all of Marine Creek Ranch, Section 5 and 6, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 12801, Tarrant County Map Records, being all of Lot 66x, Block M, Marine Creek Ranch, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 13097, Tarrant County Map Records, being all that tract of land described in deed to the City of Fort Worth, Texas as recorded in County Clerk's Document No. D208054814, Tarrant County Deed Records, being all that tract of land described in deed to the City of Fort Worth, Texas as recorded in County Clerk's Document No. D209019170, Tarrant County Deed Records, and being further described as follows: BEGINNING at a PK nail found at the northeast corner of said 964.473 acre tract, said point being in the south line of Cromwell —Marine Creek Road (variable width right—of—way); THENCE with the east line of said 964.473 acre tract as follows: South 00 degrees 11 minutes 33 seconds West, 149.52 feet to a five —eighths inch capped iron rod found for corner; South 53 degrees 01 minutes 27 seconds East, 266.00 feet to a point for corner; South 17 degrees 24 minutes 27 seconds East, 255.44 feet to a point for corner; South 37 degrees 20 minutes 18 seconds East, 431.55 feet to a point for corner; South 27 degrees 09 minutes 27 seconds East, 246.00 feet to a point for corner; South 44 degrees 04 minutes 48 seconds East, 735.91 feet to a five —eighths inch iron rod found for corner; South 41 degrees 47 minutes 59 seconds East, 430.08 feet to a point for corner; South 85 degrees 37 minutes 52 seconds East, 246.97 feet to a point for corner; South 31 degrees 03 minutes 50 seconds West, 480.03 feet to a one—half inch iron rod found for corner; North 78 degrees 36 minutes 03 seconds West, 668.60 feet to a one—half inch iron rod found for corner; South 11 degrees 23 minutes 57 seconds West, 43.50 feet to a one—half inch iron rod found for corner; North 78 degrees 36 minutes 03 seconds West, 255.46 feet to a one—half inch iron rod found for corner; 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972.248.7676 Fax 972,248.1414 www.jbipartners.com Saved By. sbacck Save Time: 5/71 /2010 1: EXH I B T "A" PAGE 2 OF 7 THENCE North 78 degrees 17 minutes 37 seconds West, 141.21 feet to a one—half inch iron rod with "JBI" yellow cap set for corner, said point being the northwest corner of that tract of land conveyed to Westover Development, Ltd, as recorded in Clerk's Document Number D206244184, Tarrant County Deed Records; THENCE with the west line of said Westover Development tract as follows: South 06 degrees 04 minutes 38 seconds West, 140.91 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; South 11 degrees 23 minutes 00 seconds West, 120.34 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; Southwesterly, 270.97 feet along a curve to the right having a central angle of 27 degrees 28 minutes 44 seconds, a radius of 565.00 feet, a tangent of 138.14 feet, whose chord bears South 25 degrees 07 minutes 22 seconds West, 268.38 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; Southwesterly, 192.27 feet along a curve to the left having a central angle of 25 degrees 19 minutes 27 seconds, a radius of 435.00 feet, a tangent of 97.73 feet, whose chord bears South 26 degrees 12 minutes 01 seconds West, 190.71 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; South 13 degrees 32 minutes 17 seconds West, 247.21 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; South 22 degrees 12 minutes 02 seconds East, 360.53 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; South 04 degrees 33 minutes 38 seconds East, 289.57 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; South 07 degrees 21 minutes 22 seconds West, 44.79 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; South 89 degrees 52 minutes 22 seconds East, 264.38 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; South 00 degrees 07 minutes 38 seconds West, 325.01 feet to a one—half inch iron rod with "JBI" yellow cap set for corner, said point being in the north line of that tract of land conveyed to Texas Electric Service Company as recorded in Volume 2200, Page 309, Tarrant County Deed Records; THENCE North 89 degrees 52 minutes 22 seconds West, 3915.53 feet with the north line of said Texas Electric Service Company tract to a point for corner; THENCE North 55 degrees 12 minutes 55 seconds East, 184.62 feet to a point for corner; THENCE North 33 degrees 32 minutes 11 seconds East, 161.56 feet to a point for corner; THENCE North 16 degrees 24 minutes 13 seconds West, 115.27 feet to a point for corner; 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972024807676 Fax 972.248.1414 wwwJbipartners.com Drawing: F: EXH B T "A" PAGE 3 OF 7 THENCE Northwesterly, 62.10 feet along a curve to the left having a central angle of 10 degrees 05 minutes 39 seconds, a radius of 352.50 feet, a tangent of 31.13 feet, whose chord bears North 21 degrees 27 minutes 02 seconds West, 62.02 feet to a point for corner; THENCE North 26 degrees 29 minutes 52 seconds West, 631.09 feet to a point for corner; THENCE Northwesterly, 66.81 feet along a curve to the right having a central angle of 10 degrees 12 minutes 28 seconds, a radius of 375.00 feet, a tangent of 33.49 feet, whose chord bears North 21 degrees 23 minutes 38 seconds West, 66.72 feet to a point for corner, - or corner; THENCE North 57 degrees 02 minutes 14 seconds West, 100.00 feet to a point for corner; THENCE North 32 degrees 57 minutes 46 seconds East, 201.18 feet to a point for corner; THENCE North 28 degrees 37 minutes 47 seconds East, 330.95 feet to a point for corner; THENCE Northeasterly, 80.90 feet along a curve to the right having a central angle of 04 degrees 30 minutes 32 seconds, a radius of 1028.02 feet, a tangent of 40.47 feet, whose chord bears North 30 degrees 42 minutes 16 seconds East, 80.88 feet to a point for corner; THENCE Northwesterly, 1023.72 feet along a curve to the left having a central angle of 57 degrees 13 minutes 28 seconds, a radius of 1025.00 feet, a tangent of 559.13 feet, whose chord bears North 00 degrees 10 minutes 20 seconds West, 981.70 feet to a point for corner; THENCE North 28 degrees 47 minutes 04 seconds West, 408.60 feet to a point for corner; THENCE North 21 degrees 24 minutes 03 seconds West, 194.53 feet to a point for corner; THENCE Northwesterly, 14.61 feet along a curve to the left having a central angle of 00 degrees 48 minutes 04 seconds, a radius of 1044.68 feet, a tangent of 7.30 feet, whose chord bears North 28 degrees 47 minutes 04 seconds West, 14.61 feet to a point for corner; 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972.248.7676 Fax 972.248.1414 wwwJbipartners.com Save Time: 5/71 /2010 1: EXH I B T "A" PAGE 4 OF 7 THENCE North 28 degrees 47 minutes 04 seconds West, 63.49 feet to a point for corner, THENCE Northwesterly, 586.34 feet along a curve to the right having a central angle of 29 degrees 12 minutes 46 seconds, a radius of 1150.00 feet, a tangent of 299.69 feet, whose chord bears North 14 degrees 10 minutes 41 seconds West, 580.01 feet to a point for corner; THENCE North 00 degrees 25 minutes 42 seconds East, 303.46 feet to a point in the north line of said 964.473 acre tract of land and said point being in the south line of Cromwell —Marine Creek Road; THENCE South 89 degrees 50 minutes 22 seconds East, 1902.86 feet with the north line of said 964.473 acre tract and with the south line of Cromwell —Marine Creek Road to a five —eighths inch capped iron rod found for corner, said point being the northwest corner of that 10.026 acre tract of land conveyed to Eagle Mountain —Saginaw Independent School District as recorded in Clerk's Document Number D203323312, Tarrant County Deed Records; THENCE South 00 degrees 27 minutes 40 seconds West, 660.01 feet to a five —eighths inch capped iron rod found for corner, said point being the southwest corner of said 10.026 acre tract; THENCE South 89 degrees 50 minutes 22 seconds East, 663.46 feet to a five —eighths inch capped iron rod found for corner, said point being the southeast corner of said 10.026 acre tract; THENCE North 00 degrees 09 minutes 38 seconds East, 660.00 feet to a five —eighths inch capped iron rod found for corner at the northeast corner of said 10.026 acre tract, said point being in the north line of said 964.473 acre tract; THENCE South 89 degrees 50 minutes 22 seconds East, 1127.97 feet with the north line of said 964.473 acre tract and with the south line of Cromwell —Marine Creek Road to the POINT OF BEGINNING and containing 563.965 acres of land. LEGAL DESCRIPTION — SOUTH TRACT BEING all that tract of land in the City of Fort Worth, Tarrant County, Texas, part of the JOSEPH BOWMAN SURVEY, ABSTRACT NUMBER 79, apart of the ALEXANDER ALBRIGHT SURVEY, ABSTRACT NUMBER 1849, and being a part of that 964.473 acre tract of land conveyed to HAYCO Realty, Ltd. as recorded Volume 14192, Page 644, Tarrant County Deed Records, and being further described as follows: in 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972.248.7676 Fax 972.248A414 www.jbipartners.com By. sbacak Save EXB B T "A" PAGE 5 OF 7 BEGINNING at a one—half inch iron rod with "JBI" yellow cap set for corner, said point being in the south line of that tract of land conveyed to Texas Electric Service Company as recorded in Volume 2200, Page 309, Tarrant County Deed Records, said point being the northeast corner of that called 2.1338 acre tract of land conveyed to M & C Development, Ltd. as recorded in Clerks' Document Number D204274829, Tarrant County Deed Records; THENCE South 89 degrees 52 minutes 22 seconds East, 4793.69 feet with the south line of said Texas Electric Service Company tract to a one—half inch iron rod with "JBI" yellow cap set for corner, said point being in the east linee of said 964.473 acre tract; THENCE with the east line of said 964.473 acre tract as follows: South 16 degrees 12 minutes 18 seconds West, 168.22 feet to a concrete monument found for corner; South 34 degrees 52 minutes 01 seconds West, 409.62 feet to a concrete monument found for corner; South 21 degrees 25 minutes 27 seconds West, 586.75 feet to a concrete monument found for corner; South 30 degrees 31 minutes 24 seconds West, 341.84 feet to a point for corner; South 12 degrees 49 minutes 32 seconds West, 633.27 feet to a point for corner; South 01 degrees 54 minutes 32 seconds West, 676.92 feet to a point for corner; South 86 degrees 12 minutes 12 seconds West, 154.68 feet to a concrete monument found for corner; North 47 degrees 37 minutes 24 seconds West, 271.74 feet to a concrete monument found for corner; North 28 degrees 57 minutes 17 seconds West, 400.97 feet to a concrete monument found for corner; North 52 degrees 16 minutes 20 seconds West, 265.63 feet to a concrete monument found for corner; North 23 degrees 21 minutes 44 seconds West, 528.37 feet to a point for corner; North 12 degrees 47 minutes 22 seconds West, 168.51 feet to a point for corner; North 73 degrees 13 minutes 02 seconds West, 301.89 feet to a point for corner; South 42 degrees 17 minutes 23 seconds East, 258.30 feet to a concrete monument found for corner; South 10 degrees 41 minutes 53 seconds East, 517.63 feet to a point for corner; South 85 degrees 58 minutes 31 seconds West, 306.46 feet to a point for corner; 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972.248.7676 Fax 972.248.1414 wwwJbipartners.com Drowing: F:\Projects\HCC002\dwg\HCC002�PT—EXH.dwg Saved By. sbacak Sove Time: 5/it/2010 1:43 PM EXHIBIT "A" PAGE 6 OF 7 South 70 degrees 18 minutes 34 seconds East, 326.71 feet to a concrete monument found for corner, said point being the northeast corner of Marine Creek Ranch Recreation Center, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 8752, Tarrant County Plat Records; THENCE with the north line of said Marine Creek Ranch Recreation Center as follows: South 55 degrees 01 minutes 18 seconds West, 460.17 feet to a five —eighths inch capped iron rod found for corner; WEST, 343.75 feet to a five —eighths inch capped iron rod found for corner, said point being in the east line of Marine Creek Ranch, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 8732, Tarrant County Plat Records; THENCE with the east line of said Marine Creek Ranch as follows: North 15 degrees 24 minutes 04 seconds East, 225.11 feet to a five —eighths inch capped iron rod found for corner; North 62 degrees 07 minutes 52 seconds West, 482.91 feet to a five —eighths inch capped iron rod found for corner; South 61 degrees 48 minutes 56 seconds West, 211.30 feet to a five —eighths inch capped iron rod found for corner; angle of 08 degrees 14 minutes 46 seconds, a radius of 1126.00 feet, a tangent of 81.17 feet, whose chord bears North 32 degrees 18 minutes 27 seconds West, 161.92 feet to a five —eighths inch capped iron rod found for corner; North 53 degrees 34 minutes and 10 seconds East 78.12 feet to a Northwesterly, 162.06 feet along a curve to the left having a central five —eighths inch capped iron rod found for corner; North 63 degrees 11 minutes and 35 seconds East, 482.84 feet to a five —eighths inch capped iron rod found for corner; North 16 degrees 42 minutes and 16 seconds East, 213.41 feet to a five —eighths inch capped iron rod found for corner; North 18 degrees 20 minutes 50 seconds West, 231.02 feet to a five —eighths inch capped iron rod found for corner; THENCE North 35 degrees 22 minutes 55 seconds West, 444.67 feet to a five —eighths inch capped iron rod found for corner, said point being in the north line of Marine Creek Ranch, an addition to the City of Fort Worth as recorded in Cabinet A, Slide 10502, Tarrant County Plat Records; THENCE with the north line of said Marine Creek Ranch Records in Cabinet A, Slide 10502 as follows: North 46 degrees 54 five —eighths inch capped North 57 degrees 53 five —eighths inch capped minutes 54 seconds West iron , rod found for corner; minutes 15 seconds West, iron rod found for corner; 262.06 feet to a 93.59 feet to a 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972.248.7676 Fax 972.248A414 www.jbipartners.com Drawing: F:\Projects\HCC002\dwg\HCC002�PT—EXH.dwg Saved By. sbacak Sove EXH I B T "A" PAGE 7 OF 7 North 58 degrees 30 minutes 08 seconds West, 246.04 feet to a five —eighths inch capped iron rod found for corner; North 67 degrees 41 minutes 48 seconds West, 152.57 feet to a five —eighths inch capped iron rod found for corner; North 56 degrees 31 minutes 45 seconds West, 77.66 feet to a five —eighths inch capped iron rod found for corner; North 42 degrees 59 minutes 36 seconds West, 81.17 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; THENCE North 58 degrees 30 minutes OS seconds West, 263.67 feet to a one—half inch iron rod with "JBI" yellow cap set for corner; THENCE North 89 degrees 52 minutes 22 seconds West, 836.11 feet to a one—half inch iron rod with "JBI" yellow cap set for corner, said point being in the east line of said 2.1338 acre tract; THENCE North 00 degrees 07 minutes and 38 seconds East, 128.00 feet with the east line of said 2.1338 acre tract to the POINT OF BEGINNING and containing 5,679,150 square feet or 130.375 acres of land. "This document was prepared under 22 TAC 663.23, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972.248.7676 Fax 972.248.1414 wwwJbipartners.com Drawing: E:\Projects\HCC002\dwg\HCC002�PT—EXH.dwg Soved By. sbacak Save Time: EXH BIT "B" LOCATION MAP SCALE: 1 "=2,000' 16301 Quorum Drive Suite 200 B Addison, Texas 75001 Main 972.248.7676 Fax 972.248.1414 www.jbipartners.com Drawing: F:\Projects\HCC002\dwg\HCC002�PT—EXH.dwg Soved By. sbacak Sove Time: mom f cime I* zmq ratrz mrmcgo mWelow Ann D,IeIml —d mVwmw mimuVa mrmary EXHIBIT "C" N ■ m.,a�� GRAPHIC SCAIB j IN m'. F6 \ mmn` -- R -- ct- somrasw ere saea�,. u Wt IVSS WnIE Tsar �N ALaxw ..men .��mn Pool[ � nun 4.w . mv444 0 lv SOFA em III A pi NUM ►�� �'�� ■� Atil , ' Lit Q27 ell Q� :am T ti r a_fT_JTr1 r-� mqrI IF \n.I xu / "s may AN IV Is k,� I OXIOg a. 17 ? �k VK \ \ �o�` �� \ g�aT•}-Y I REF, CASE No.:CP-98-006 313.w9w `.'. PREUMINARY PLAT �� 'R'� mwz MARINE CREEK RANCH ° �Ey�.'.:`w �\ $ TO>7 trcsovrnTL teTs • I �� "C' e} .. I94.30 AtlKS , OF �n i? - ', _- U9 HE a9 PH BOM (A S UMX /BST. Ne TG. III -t rpw ry01 7 — - - — — — — THE &B.B:C. RR C0. 4Xt1E'. MT. Na M. A30 THEAtE%AtaYB AHIItlaR SLIMY. A85]. Na 1610 n9 Y SV(�' ON FORT "T I TARRAtR OMN TOM ia e, gyp. ` ( ry t gvA�, 0g, XAITkI CVi(FH CQWANY ONNFR/DEFIILPER I t1.GF M (WmVxY 76107'mac Ims (817) 3 20JS JONES 3 801D, PlC. S1R�JfNW1EFA J " IE 1 ? AM grit. In (8I7) SIT.wI - TVA 1krf4 Tcc. ]613] aa.o. M xaos sn..t t a t EXHIBIT E Credits Against Transportation Impact Fees NET CREDIT BALANCE VALUE OF CAPACITY PROVIDED $ 1,092,178.35 VALUE OF EXISTING DEMAND $ 80,000.00 NET CREDIT BALANCE $ 1, 012,178.35 MARINE CREEK RANCH NET CREDIT OVERVIEW 5/17/2010 EXHIBIT E Credits Against Transportation Impact Fees Capacity Provided by DOE 5573 / Huff ines Boulevard, Paving Quantity Unit Type Unit Cost Total 8"-3500 PSI REINFORCED CONCRETE PAVEMENT 11,293 SY $ 25.30 $ 285,712,90 8" LIME SUBGRADE 11,712 SY $ 1.40 $ 16,396,80 HYDRATED LIME 199.10 TON $ 105.00 $ 20p9O5,50 CONNECT TO EXISTING CONCRETE PAVEMENT 60 LF $ 5.00 $ 300,00 CONNECT TO EXISTING ASPHAULT PAVEMENT 108.60 LF $ 5.00 $ 543,00 4' SIDEWALK 14,974 SF $ 3.15 $ 47,168,10 BARRIER FREE RAMPS 8 EA $ 600.00 $ 4,800.00 REMOVE AND DISPOSE OF EXISTING CONCRETE CURB 88 LF $ 10.00 $ 880,00 REMOVE AND DISPOSE OF EXISTING GUARDRAIL 1 LS $ 400.00 $ 400,00 REMOVE AND DISPOSE OF EXISTING SIGN 1 LS $ 100.00 $ 100,00 REMOVE AND DISPOSE OF EXISTING BARRICADE 1 LS $ 250.00 $ 250,00 REMOVE AND DISPOSE OF EXISTING CONCRETE FLUME 1 LS $ 500.00 $ 500,00 WHITE THERMOPLASTIC STOP LINE PER CITY STANDARDS 1 LS $ 185.00 $ 185,00 ARROW LANE MARKERS PER CITY STANDARDS 1 LS $ 595.00 $ 595,00 YELLOW TRANSITION LINES 1 LS $ 385.00 $ 385,00 YELLOW CENTER LINE BUTTONS 1 LS $ 41640.00 $ 41640,00 WHITE EDGE LINE BUTTONS 1 LS $ 500.00 $ 500,00 WHITE CHANNELILZING BUTTONE 1 LS $ 165.00 $ 165,00 INDIVIDUAL LANE BUTTONE 1 LS $ 465.00 $ 465,00 TRAFFIC CONTROL AND BARRICADING DURING CONSTRUCTION 1 LS $ 500.00 $ 500,00 "ONLY" LANE MARKERS CO#1 1 LS $ 900.00 $ 900,00 WHITE GORE BUTTONS CO#1 1 LS $ 21020.00 $ 21020,00 YELLOW GORE BUTTONS CO#1 1 LS $ 670.00 $ 670,00 TRAFFIC SIGN CO#1 3 EA $ 350.00 $ 1,050.00 TRAFFIC SIGN CO#1 1 EA $ 350.00 $ 350,00 3" SCHEDULE 40 PVC CONDUIT CO#1 87 LF $ 25.00 $ 21175,00 $ 392,556.30 Storm Drain Quantity Unit Type Unit Cost Total 5-BARREL 10'X6' RCB INCLUDING TRENCH, EMBEDMENT, BACKFILL AND COMP. C041 107 LF $ 1,412.25 $ 151,110.75 36" RCP INCLUDING TRENCH, EMBEDMENT, BACKFILL AND CO#1 349.75 LF $ 76.20 $ 26,651.28 30" RCP INCLUDING TRENCH, EMBEDMENT, BACKFILL AND COMPACTION CO#1 23,07 LF $ 57,25 $ 11320.76 24" RCP, INCLUDING TRENCH, EMBEDMENT, BACKFILL AND COMPACTION CO#1 202,97 LF $ 42,75 $ 81676.88 21" DIAMETER RCP INCLUDING TRENCH, EMBEDMENT, BACKFILL AND COMP. CO#1 328 LF $ 36,50 $ 11,972.00 10' RECESSED CURB INLET, COMPLETE IN PLACE 7 EA $ 2,615.00 $ 189305.00 4'X4' STORM MANHOLE, COMPLETE IN PLACE CO#1 4 EA $ 21102,00 $ 81408.00 TXDOT TYPE "PW' HEADWALL AT 5-BARREL 10'X6' RCB 2 EA $403664,00 $ 81,328.00 TYPE B HEADWALL AT RCP COMPLETE IN PLACE CO#1 0 EA $ 11646,00 $ TXDOT (PR1) PEDESTRAIN HANDRAIL AT 5 BARREL - 10'X6' RCB CO#1 344 LF $ 74.00 $ 25,456,00 4 BARREL 42" RCP CO#1 112 LF $ 376.45 $ 42,162,40 5' X 5' STORM MANHOLE CO#1 1 EA $ 31925.00 $ 31925,00 TYPE A HEADWALL AT 4 BARREL 42" RCP CO#1 2 EA $15,500.00 $ 31,000,00 6" THICK REINFORCED CONCRETE APRON CO#1 270 SY $ 53.25 $ 14,377,50 RIP RAP CO#1 1,975 SY $ 10.32 $ 20,377,00 ADDTL SURCHARGE FOR HDWL, AT 5-10' X 6' RCB CO#1 1 LS $19,835.65 $ 19,835,65 $ 464,906.23 Grading and Mass Excavation Quantity Unit Type Unit Cost Total Street Lights @ 6% 608.10 CY $ 3.90 $ 2,371.59 Engineering/Surveying/Testing $ 51,447.75$ Geotech 93,562.19 ROW @10% $ 1,588.04 $ 85,746.25 TOTAL VALUE OF CAPACITY PROVIDED $ 1,092,178.35 MARINE CREEK RANCH PROVIDED CAPACITY_DOE5573 5/17l2010 �XHIB0T Credits Against Transportation Impact Fees Existing Demand for Marine Creek Ranch, PP-006-033: Permit Number Status Subdivision Street Number Street Name Permit Paid IF Fees Demand PB08-01887 FINALED MARINE CREEK RANCH 5665 SPIRIT LAKE DR $ - $ 21000,00 PB08-01888 FINALED MARINE CREEK RANCH 5701 SPIRIT LAKE DR $ - $ 2,000.00 P1308-08806 FINALED MARINE CREEK RANCH 6269 EL CAPITAN ST $ - $ 21000,00 PB08-09261 FINALED MARINE CREEK RANCH ADDIT 5641 SPIRIT LAKE DR $ - $ 2,000.00 PB08-09549 FINALED MARINE CREEK RANCH 6272 EL CAPITAN ST $ - $ 2,000.00 PB08-09722 FINALED MARINE CREEK RANCH 6161 SUNRISE LAKE DR $ - $ 2,000.00 PB08-09723 FINALED MARINE CREEK RANCH 6165 SUNRISE LAKE DR $ - $ 21000,00 P1308-10135 FINALED MARINE CREEK RANCH ADDIT 5616 WILLS CREEK LN $ - $ 2,000.00 PB08-10136 FINALED MARINE CREEK RANCH ADDIT 6133 SUNRISE LAKE DR $ - $ 2,000.00 PB08-11507 FINALED MARINE CREEK RANCH 6289 EL CAPITAN ST $ - $ 21000,00 PB09-02967 FINALED MARINE CREEK RANCH ADDIT 5636 WILLS CREEK LN $ - $ 21000000 P1309-03800 FINALED MARINE CREEK RANCH ADDIT 6281 EL CAPITAN ST $ - $ 2,000.00 PB09-04214 FINALED MARINE CREEK RANCH ADDIT 6260 EL CAPITAN ST $ - $ 21000,00 PB09-05857 FINALED MARINE CREEK RANCH ADDIT 5700 SLEEPY CREEK LN $ - $ 21000,00 P1309-06308 FINALED MARINE CREEK RANCH ADDIT 6216 EL CAPITAN ST $ - $ 2,000.00 PB09-08049 FINALED MARINE CREEK RANCH ADDIT 5640 WILLS CREEK LN $ - $ 2,000.00 PB09-08111 FINALED MARINE CREEK RANCH ADDIT 5648 WILLS CREEK LN $ - $ 21000,00 PB09-09649 FINALED MARINE CREEK RANCH ADDIT 5628 SLEEPY CREEK LN $ - $ 2,000.00 PB09-09860 FINALED MARINE CREEK RANCH ADDIT 6276 EL CAPITAN ST $ - $ 21000,00 P1309-09865 FINALED MARINE CREEK RANCH ADDIT 5620 SLEEPY CREEK LN $ - $ 2,000.00 P609-09979 FINALED MARINE CREEK RANCH ADDIT 5612 SLEEPY CREEK LN $ - $ 21000,00 P609-10069 FINALED MARINE CREEK RANCH ADDIT 5649 WILLS CREEK LN $ - $ 2,000,00 P609-10071 FINALED MARINE CREEK RANCH ADDIT 6285 EL CAPITAN ST $ - $ 21000,00 P1309-10072 FINALED MARINE CREEK RANCH ADDIT 6144 EL CAPITAN ST $ - $ 2,000.00 PB09-10265 FINALED MARINE CREEK RANCH ADDIT 6288 EL CAPITAN ST $ - $ 21000,00 PB10-00264 ISSUED MARINE CREEK RANCH 5717 SLEEPY CREEK LN $ - $ 2,000,00 PB10-00265 ISSUED MARINE CREEK RANCH ADDIT 5724 DIAMOND VALLEY $ - $ 21000,00 P1310-00595 ISSUED MARINE CREEK RANCH ADDIT 6236 EL CAPITAN ST $ - $ 2,000.00 PB10-00762 FINALED MARINE CREEK RANCH ADDIT 5620 SLEEPY CREEK LN $ - $ 21000,00 PB10-01130 ISSUED MARINE CREEK RANCH ADDIT 5705 SLEEPY CREEK LN $ - $ 21000,00 PB10-01132 ISSUED MARINE CREEK RANCH ADDIT 5660 SPIRIT LAKE DR $ - $ 21000000 P1310-01246 ISSUED MARINE CREEK RANCH ADDIT 5601 WILLS CREEK LN $ - $ 21000,00 PB10-01247 ISSUED MARINE CREEK RANCH ADDIT 5605 WILLS CREEK LN $ - $ 21000,00 PB10-01550 ISSUED MARINE CREEK RANCH ADDIT 6137 SUNRISE LAKE DR $ - $ 2,000.00 P1310-02763 ISSUED MARINE CREEK RANCH 5713 SLEEPY CREEK LN $ - $ 2,000.00 P1310-02940 ISSUED MARINE CREEK RANCH ADDIT 5632 WILLS CREEK LN $ - $ 21000,00 P1310-02942 ISSUED MARINE CREEK RANCH ADDIT 5701 DIAMOND VALLEY $ - $ 2,000.00 PB10-03032 ISSUED MARINE CREEK RANCH ADDIT 6268 EL CAPITAN ST $ - $ 2,000.00 PB10-03384 ISSUED MARINE CREEK RANCH ADDIT 5716 SLEEPY CREEK LN $ - $ 2,000.00 P1310-03726 APPROVE MARINE CREEK RANCH ADDIT 5657 WILLS CREEK LN $ - $ 21000,00 TOTAL VALUE OF EXISTING DEMAND $ 80,000.00 MARINE CREEK RANCH EXISTING DEMAND DOE5573 5/17/2010 o®asoea'', maasaoa �� �vamo�vsao amavmoa ®maavvo© amvvovato ©mamvaaa am vov�o ���e�aaovv�a �m0�DO0 �7 LOTS DE B OUNDA FOR TRH IMPAC T EXHIBIT cxAriuc aces t..m� srxc r-zcma� ����•,ao Ott of fpiT IgIM TNR.Wt CWNiY, iEXA9 NAIDII plRFR COMPANY pANFq/1)fl[],pppt Fail bN � eR� 1013 (Stn S.L-3�t1 SRHI t N 1