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HomeMy WebLinkAboutContract 46383 (2)Cr-_ ? FTCW-ranai. varrraa COMPLETION AGREEMENT This Completion Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth, ("City") and First Texas Homes, Inc., authorized to do business in Texas, ("Developer") effective as of the last date executed by a Party hereto. The City and the Developer may collectively be called the "Parties". WITNESSETH: WHEREAS, the Developer owns that certain tract of real property that contains approximately 20.752 acres of land located in the City, the legal description of which tract of real property is marked Exhibit "A" — Legal Description, attached hereto and incorporated herein for all purposes, ("Property"); and WHEREAS, the Developer intends to develop the Property as an addition to the City through plat FP 014-041 as approved by the City on or before the date of this Agreement ("Plat"); and WHEREAS, the Developer and the City have entered into a Community Facilities Agreement (CFA # 2014-078; M&C ) relating to the development, Presidio West, Phase V, for Paving, Drainage, Water, Sewer and Lighting Improvements ("Improvements"); and WHEREAS, the City has required certain assurances that the Developer will cause to be constructed to City standards the Improvements pursuant to the Community Facilities Agreement; and WHEREAS, the Parties desire to set forth the terms and conditions of such accommodations as are described above. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between City and Developer as follows: OFFICIAL RECORDI CITY SECRETARY FT. WORTH, TX , 3 1. Recitals. The foregoing recitals are true, correct and complete and constitute the basis for this Agreement and they are incorporated into this Agreement for all purposes. 2. The Completion Amount The City and the Developer agree that the Hard Costs (as shown on Exhibit "B") required to complete the Community Facilities in the aggregate should not exceed the sum of ($1,126,695.43),hereinafter called the "Completion Amount". Notwithstanding the foregoing, it is acknowledged that the actual costs of completion of the Community Facilities may vary as a result of change orders agreed to by the Parties, but such variances for the purposes of this Agreement shall not affect the Completion Amount as used herein City hereby waives the requirement for developer to deposit a financial guarantee of 100% of the Hard Costs under the CFA Policy. 3. Completion by the Developer. The Developer agrees to complete the Community Facilities and pay all Hard Costs in accordance with City standards, the CFA, the Plat, and the Plans as approved by the City. For the purposes of this Agreement, the development of the Property shall be deemed complete upon acceptance by the City of the Community Facilities pursuant to Section 6, hereof. 4. Satisfaction of the City Requirements. The City agrees that the assurances and covenants contained in this Agreement satisfy all requirements of the City with respect to Developer's Financial Guarantee, as described in the CFA Policy, or other requirements for security in connection with the development of the Property and the completion of the Community Facilities that are contained in the CFA or in any other agreement relating thereto, and the City hereby accepts the assurances and covenants contained herein in lieu thereof. To the extent the CFA irreconcilably conflicts with this Agreement, the provisions of this Agreement shall control. 5. Termination This Agreement shall terminate upon the earlier to occur of the following: (a) acceptance by the City of the Community Facilities; or (b) mutual written agreement of the P arties. 6. Final Plat. The Parties acknowledge and agree that the City shall hold the final plat of the Property until the Community Facilities are completed and accepted by the City and all Hard Costs contractors have been paid, less retainage. Upon acceptance by the City and receipt of evidence from the Developer showing that all Hard Costs contractors have been paid, including but not necessarily limited to lien waivers and bills paid affidavits, the City shall within a reasonable time file the final plat for the P roperty in the Plat Records of the county where the Property is located. The purpose of the City retaining the final plat of the P roperty as provided herein is to guarantee the Developer's obligations under the CFA are completed. 7. Construction Contracts. Developer agrees to include in each Construction contract that it enters into for the completion of the Community Facilities the following• A. A statement that the City is not holding any security to guarantee any payment for work performed on the Community Facilities; B. A statement that the Property is private property and that same may be subject to mechanic's and materialman's liens; C. A requirement that each contractor contracting with the Developer release the City from any claim that is related to the Property; and D. A requirement that each contractor contracting with the Developer include in each subcontract the statements contained in (a), (b) and (c) above. 8. Miscellaneous. A. Non -Assignment of Agreement This Agreement may not be assigned by any of the Parties without the prior written consent of all the other Parties. B. Notice. Any notice required or permitted to be delivered under this Agreement shall be deemed received on actual receipt by the appropriate party at the following addresses: (i) Notice to the City shall be addressed and delivered as follows: and/or City of Fort Worth Planning & Development Department 1000 Throckmorton Street Fort Worth, Texas 76102 Attention• CFA Division David Schroeder, Development Manager Email: David.Schroeder(Zifortworthgov.org Confirmation Number: 817-392-2239 Attention• CFA Division Jana Knight, Administrative Assistant Email: Jana Knight(a fortworthgov.org Confirmation Number: 817-392-2025 With a copy thereof addressed and delivered as follows: City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Attention• Douglas W. Black Assistant City Attorney Telecopy Number: 817-392-8359 Confirmation Number: 817-392-7600 (ii) Notice to the Developer shall be addressed and delivered as follows: First Texas Homes, Inc Attention: Keith Hardesty 500 Crescent Court, Suite 350 Dallas, Texas 75201 A party may change its address for notice upon prior written notice to the other parties pursuant to the terms hereof. C. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas. D. Parties Bound This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors and assigns. E Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement F. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the Parties with respect to the subject matter hereof and supersedes any prior understandings or written or oral agreements among the Parties concerning the subject matter hereof. G. Amendment This Agreement may only be amended by a written instrument executed by all of the Parties to this Agreement H. Headings. The headings that are used in this Agreement are used for reference and convenience purposes only and do not constitute substantive matters to be considered in construing the terms and provisions of this Agreement. Executed IN QUADRUPLET by the Parties hereto: DEVELOPER: Name Flc,‘Jcsiti Title • fircord.---- Date: it/ 1,iry APPR • VED AS TO FORM: Douglas W. Black Assistant City Attorney AT r . MaryJ. K`. y - L) City Secret - ry M & C : ithr Date: CITY OF FORT WORTH: • 7-1-&frkinsnaio C•011--• Fernando Costa Assistant City Manager Date: _//29/i5 OFFICIAL RECORD \ CITY SECRETARY p7; WORTH, TX EXHIBIT A - EXHIBIT B - LIST OF EXHIBITS LEGAL DESCRIPTION APPROVED BUDGET EXHIBIT A LEGAL DESCRIPTION TRACT 1 EXHIBIT A LEGAL DESCRIPTION BEING A 13.144 ACRE TRACT OF LAND SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO 1600, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO FIRST TEXAS HOMES, INC., AS RECORDED IN COUNTY CLERK'S FILE NO. D210260522, OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS SAID 13.144 ACRE TRACT WITH REFERENCE BEARING BEING THE RECORDED PLAT OF THE PRESIDIO WEST ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A SLIDE 11771, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `JACOBS' SET FOR THE NORTHEAST CORNER OF LOT 10, BLOCK 7 OF PRESIDIO WEST, PHASE III, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN COUNTY CLERK S FILE NO. D213318441, PLAT RECORDS, TARRANT COUNTY, TEXAS SAID POINT BEING ON THE SOUTH LINE OF A TRACT OF LAND CONVEYED TO EDWARD McDONALD, ET AL, AS RECORDED IN VOLUME 10865, PAGE 1679, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 36 MINUTES 54 SECONDS EAST, ALONG THE NORTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT, THE SOUTH LINE OF SAID McDONALD TRACT AND THE SOUTH LINE OF A TRACT OF LAND CONVEYED TO USA CORPORATE PROPERTIES, L L C , AS RECORDED IN VOLUME 15953, PAGE 344, DEED RECORDS, TARRANT COUNTY, TEXAS, A DISTANCE OF 535.52 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER, THENCE, OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT, THE FOLLOWING COURSES AND DISTANCES SOUTH 01 DEGREES 23 MINUTES 06 SECONDS WEST, A DISTANCE OF 110 00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED ' JACOBS" SET FOR CORNER; SOUTH 43 DEGREES 36 MINUTES 54 SECONDS EAST, A DISTANCE OF 7 07 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER SOUTH 01 DEGREES 23 MINUTES 06 SECONDS WEST, A DISTANCE OF 60.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; Page 1 of 9 SOUTH 46 DEGREES 23 MINUTES 06 SECONDS WEST, A DISTANCE OF 7 07 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER SOUTH 01 DEGREES 23 MINUTES 06 SECONDS WEST, A DISTANCE OF 54.36 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 05 DEGREES 37 MINUTES 57 SECONDS, A RADIUS OF 125.00 FEET, A CHORD WHICH BEARS, SOUTH 01 DEGREES 25 MINUTES 52 SECONDS EAST, A DISTANCE OF 12.28 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 12 29 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 83 DEGREES 56 MINUTES 25 SECONDS EAST, A DISTANCE OF 133.52 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED ' JACOBS" SET FOR CORNER; SOUTH 14 DEGREES 19 MINUTES 49 SECONDS EAST, A DISTANCE OF 106.06 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 27 DEGREES 39 MINUTES 06 SECONDS EAST, A DISTANCE OF 585 85 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED 'JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 29, BLOCK 4 OF PRESIDIO WEST, PHASE IV, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN COUNTY CLERK'S FILE NO. , PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE, CONTINUING OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT AND ALONG THE NORTHWEST LINE OF SAID PRESIDIO WEST, PHASE IV, THE FOLLOWING COURSES AND DISTANCES• SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST, ALONG THE NORTHWEST LINE OF SAID LOT 29, BLOCK 4, A DISTANCE OF 110.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED 'JACOBS" SET FOR THE NORTHWEST CORNER OF SAID LOT 29, BLOCK 4, SAID POINT BEING ON THE NORTHEAST RIGHT-OF-WAY LINE OF WHITE BEAR TRAIL (A 50 RIGHT-OF-WAY); NORTH 27 DEGREES 39 MINUTES 05 SECONDS WEST, ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID WHITE BEAR TRAIL, A DISTANCE OF 16.88 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER; SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST, OVER AND ACROSS SAID WHITE BEAR TRAIL, A DISTANCE OF 55.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR Page 2 of 9 CORNER ON A CORNER CLIP AT THE INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID WHITE BEAR TRAIL AND THE NORTHWEST RIGHT-OF-WAY LINE OF AMARANTH DRIVE (A 50' RIGHT-OF-WAY); SOUTH 17 DEGREES 20 MINUTES 54 SECONDS WEST, ALONG SAID CORNER CLIP, A DISTANCE OF 7.07 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER AT THE SOUTH END OF SAID CORNER CLIP, SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID AMARANTH DRIVE, A DISTANCE OF 200.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE EAST END OF A CORNER CLIP AT THE INTERSECTION OF THE NORTHWEST RIGHT- OF-WAY LINE OF SAID AMARANTH DRIVE AND THE NORTHEAST RIGHT-OF-WAY LINE OF YELLOW CUP DRIVE (A 50 RIGHT-OF-WAY); NORTH 72 DEGREES 39 MINUTES 06 SECONDS WEST, ALONG SAID CORNER CLIP, A DISTANCE OF 7.07 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER; SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST, OVER AND ACROSS SAID YELLOW CUP DRIVE, A DISTANCE OF 60.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER ON A CORNER CLIP AT THE INTERSECTION OF THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID YELLOW CUP DRIVE AND THE NORTHWEST RIGHT-OF-WAY LINE OF SAID AMARANTH DRIVE SOUTH 17 DEGREES 20 MINUTES 54 SECONDS WEST, ALONG SAID CORNER CLIP, A DISTANCE OF 7.07 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER AT THE SOUTH END OF SAID CORNER CLIP; SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST, ALONG THE NORTHWEST RIGHT-OF-WAY LINE OF SAID AMARANTH DRIVE, A DISTANCE OF 100.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED ' JACOBS' SET FOR THE EAST CORNER OF LOT 1, BLOCK 6 OF SAID PRESIDIO WEST, PHASE IV; THENCE, NORTH 27 DEGREES 39 MINUTES 06 SECONDS WEST, CONTINUING OVER AND ACROSS SAID FIRST TEXAS HOMES INC. TRACT AND ALONG THE NORTHEAST LINE OF SAID PRESIDIO WEST, PHASE IV, PASSING AT A DISTANCE OF 431.00 FEET A 5/8 INCH IRON ROD WITH A PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTH CORNER OF LOT 7, BLOCK 6 OF SAID PRESIDIO WEST PHASE IV AND THE EAST CORNER OF LOT 8, BLOCK 6 OF AFORESAID PRESIDIO WEST, PHASE III, CONTINUING OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT AND ALONG THE NORTHEAST LINE OF SAID PRESIDIO WEST, PHASE III IN ALL A TOTAL DISTANCE OF 790.95 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP Page 3 of 9 STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 13, BLOCK 6 AND THE SOUTHEAST CORNER OF LOT 14, BLOCK 6 OF SAID PRESIDIO WEST, PHASE III THENCE, CONTINUING OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT AND ALONG THE NORTHWEST LINE OF SAID PRESIDIO WEST, PHASE III, THE FOLLOWING COURSES AND DISTANCES• NORTH 14 DEGREES 15 MINUTES 29 SECONDS WEST, ALONG THE NORTHWEST LINE OF SAID LOT 14, BLOCK 6, A DISTANCE OF 52.97 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED 'JACOBS" SET FOR THE NORTHEAST CORNER OF SAID LOT 14, BLOCK 6 AND THE SOUTHEAST CORNER OF LOT 15, BLOCK 6 OF SAID PRESIDIO WEST, PHASE III; NORTH 01 DEGREES 23 MINUTES 06 SECONDS EAST, A DISTANCE OF 117 80 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED ' JACOBS" SET FOR THE NORTHEAST CORNER OF LOT 16, BLOCK 6 OF SAID PRESIDIO WEST, PHASE III; NORTH 88 DEGREES 36 MINUTES 54 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 16, BLOCK 6, A DISTANCE OF 110.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHWEST CORNER OF SAID LOT 16 BLOCK 6, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF AFORESAID AMARANTH DRIVE; NORTH 01 DEGREES 23 MINUTES 06 SECONDS EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID AMARANTH DRIVE, A DISTANCE OF 55.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AT THE SOUTHWEST END OF A CORNER CLIP AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF SAID AMARANTH DRIVE AND THE SOUTH RIGHT-OF-WAY LINE OF FIDDLENECK STREET (A 50' RIGHT-OF-WAY); NORTH 46 DEGREES 23 MINUTES 06 SECONDS EAST, ALONG SAID CORNER CLIP, A DISTANCE OF 6.34 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER; NORTH 01 DEGREES 23 MINUTES 06 SECONDS EAST, OVER AND ACROSS SAID FIDDLENECK STREET, PASSING AT A DISTANCE OF 55.52 FEET A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `JACOBS' SET FOR THE SOUTHEAST CORNER OF AFORESAID LOT 10, BLOCK 7, CONTINUING ALONG THE EAST LINE OF SAID LOT 10, BLOCK 7, IN ALL A TOTAL DISTANCE OF 175.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 13.144 ACRES OF LAND, MORE OR LESS. Page 4 of 9 TRACT 2 BEING A 7.608 ACRE TRACT OF LAND SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO 1600, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND CONVEYED TO FIRST TEXAS HOMES, INC., AS RECORDED IN COUNTY CLERK S FILE NO. D210260522, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS. SAID 7.608 ACRE TRACT WITH REFERENCE BEARING BEING THE RECORDED PLAT OF THE PRESIDIO WEST ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET A SLIDE 11771, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `JACOBS' SET FOR THE SOUTHWEST CORNER OF LOT 31, BLOCK 4 OF PRESIDIO WEST, PHASE IV, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN COUNTY CLERK'S FILE NO. , PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID POINT BEING ON THE NORTHEAST RIGHT-OF-WAY LINE OF WHITE BEAR TRAIL (A 50 RIGHT-OF- WAY) THENCE, NORTH 62 DEGREES 20 MINUTES 54 SECONDS EAST, ALONG THE SOUTHEAST LINE OF SAID LOT 31, BLOCK 4, A DISTANCE OF 110.00 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER; THENCE, OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT, THE FOLLOWING COURSES AND DISTANCES SOUTH 38 DEGREES 44 MINUTES 45 SECONDS EAST, A DISTANCE OF 61.14 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER AND THE BEGINNING OF A NON - TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 06 DEGREES 24 MINUTES 08 SECONDS, A RADIUS OF 970.00 FEET, A CHORD WHICH BEARS, NORTH 48 DEGREES 03 MINUTES 10 SECONDS EAST, A DISTANCE OF 108.33 FEET ALONG SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 108.39 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 00 DEGREES 41 MINUTES 12 SECONDS WEST, A DISTANCE OF 12.19 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 44 DEGREES 04 MINUTES 12 SECONDS EAST, A DISTANCE OF 52.84 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; Page 5 of 9 NORTH 88 DEGREES 58 MINUTES 12 SECONDS EAST, A DISTANCE OF 12.01 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 43 DEGREES 52 MINUTES 12 SECONDS EAST, A DISTANCE OF 167.18 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04 DEGREES 21 MINUTES 26 SECONDS, A RADIUS OF 490.00 FEET, A CHORD WHICH BEARS, NORTH 46 DEGREES 02 MINUTES 55 SECONDS EAST, A DISTANCE OF 37.25 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 37.26 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 05 DEGREES 33 MINUTES 59 SECONDS EAST, A DISTANCE OF 11.74 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 52 DEGREES 19 MINUTES 16 SECONDS EAST, A DISTANCE OF 53.87 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 80 DEGREES 55 MINUTES 28 SECONDS EAST, A DISTANCE OF 11.74 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER AND THE BEGINNING OF A NON - TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 12 DEGREES 31 MINUTES 50 SECONDS, A RADIUS OF 490.00 FEET, A CHORD WHICH BEARS, NORTH 62 DEGREES 40 MINUTES 49 SECONDS EAST, A DISTANCE OF 106.95 FEET ALONG SAID NON -TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 107.16 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 37 DEGREES 54 MINUTES 49 SECONDS WEST, A DISTANCE OF 46.77 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED ` JACOBS" SET FOR CORNER; NORTH 27 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE OF 363.99 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER; NORTH 57 DEGREES 28 MINUTES 18 SECONDS EAST, A DISTANCE OF 40.86 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED ` JACOBS" SET FOR CORNER; Page 6 of 9 SOUTH 74 DEGREES 21 MINUTES 18 SECONDS EAST, A DISTANCE OF 95.39 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; SOUTH 60 DEGREES 43 MINUTES 00 SECONDS EAST, A DISTANCE OF 57.68 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; NORTH 27 DEGREES 20 MINUTES 15 SECONDS EAST, A DISTANCE OF 138 79 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER AND THE BEGINNING OF A NON - TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 64 DEGREES 33 MINUTES 58 SECONDS, A RADIUS OF 50 00 FEET, A CHORD WHICH BEARS, NORTH 24 DEGREES 59 MINUTES 08 SECONDS EAST, A DISTANCE OF 53.41 FEET ALONG SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 56.34 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER NORTH 01 DEGREES 23 MINUTES 06 SECONDS EAST, A DISTANCE OF 176.16 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED ` JACOBS ' SET FOR CORNER ON THE NORTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT AND THE SOUTH LINE OF LOT 6, BLOCK 1 OF RATLIFF ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, AS RECORDED IN CABINET B, SLIDE 2426, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE, SOUTH 88 DEGREES 36 MINUTES 54 SECONDS EAST, ALONG THE NORTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT AND THE SOUTH LINE OF SAID LOT 6, BLOCK 1, A DISTANCE OF 163.99 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR THE NORTHEAST CORNER OF SAID FIRST TEXAS HOMES, INC. TRACT, SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF HARMON ROAD (A 65' RIGHT-OF-WAY) THENCE, SOUTH 00 DEGREES 06 MINUTES 24 SECONDS WEST, ALONG THE EAST LINE OF SAID FIRST TEXAS HOMES, INC TRACT AND THE WEST RIGHT-OF-WAY LINE OF SAID HARMON ROAD, A DISTANCE OF 819 62 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR CORNER; THENCE, NORTH 89 DEGREES 53 MINUTES 36 SECONDS WEST, OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT AND ALONG THE NORTH LINE OF A CALLED 36.646 ACRE TRACT OF LAND CONVEYED TO EITAN OVED, AS RECORDED IN COUNTY CLERK S FILE NO. D209035930 OFFICIAL PUBLIC RECORDS TARRANT COUNTY, TEXAS, A DISTANCE OF 185.13 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED `CARTER BURGESS" FOUND FOR CORNER, SAID POINT BEING ON THE SOUTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT; Page 7 of 9 THENCE, ALONG THE SOUTH LINE OF SAID FIRST TEXAS HOMES, INC. TRACT, THE FOLLOWING COURSES AND DISTANCES • SOUTH 64 DEGREES 29 MINUTES 43 SECONDS WEST, ALONG THE NORTH LINE OF SAID EITAN OVED TRACT, A DISTANCE OF 35.59 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR CORNER; SOUTH 43 DEGREES 52 MINUTES 12 SECONDS WEST, CONTINUING ALONG THE NORTH LINE OF SAID EITAN OVED TRACT, PASSING AT A DISTANCE OF 229.05 FEET THE A NORTHWEST CORNER OF SAID EITAN OVED TRACT AND THE NORTHEAST CORNER OF A CALLED 36.646 ACRE TRACT OF LAND CONVEYED TO GARY C. MORCHOWER MD PROFIT SHARING PLAN, AS RECORDED IN COUNTY CLERK'S FILE NO. D207051253, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, CONTINUING ALONG THE NORTH LINE OF SAID GARY C. MORCHOWER MD PROFIT SHARING PLAN TRACT IN ALL A TOTAL DISTANCE OF 506.03 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR CORNER; SOUTH 62 DEGREES 20 MINUTES 54 SECONDS WEST, CONTINUING ALONG THE NORTH LINE OF SAID GARY C MORCHOWER MD PROFIT SHARING PLAN TRACT, A DISTANCE OF 120.55 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS" SET FOR A NORTHEAST CORNER OF AFORESAID PRESIDIO WEST, PHASE IV SAID POINT ALSO BEING ON THE NORTHEAST RIGHT-OF-WAY LINE OF AFORESAID WHITE BEAR TRAIL; THENCE OVER AND ACROSS SAID FIRST TEXAS HOMES, INC. TRACT AND ALONG THE NORTHEAST LINE OF SAID PRESIDIO WEST, PHASE IV, THE FOLLOWING COURSES AND DISTANCES• NORTH 27 DEGREES 39 MINUTES 06 SECONDS WEST, ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID WHITE BEAR TRAIL, A DISTANCE OF 102.05 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER AT THE SOUTH END OF A CORNER CLIP AT THE INTERSECTION OF THE NORTHEAST RIGHT-OF- WAY LINE OF WHITE BEAR TRAIL AND THE SOUTHEAST RIGHT-OF- WAY LINE OF SALVIA DRIVE (A 60' RIGHT-OF-WAY); NORTH 15 DEGREES 24 MINUTES 12 SECONDS EAST, ALONG SAID CORNER CLIP, A DISTANCE OF 7.30 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER; NORTH 27 DEGREES 39 MINUTES 06 SECONDS WEST OVER AND ACROSS SAID SALVIA DRIVE, A DISTANCE OF 70.15 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER ON A CORNER CLIP AT THE INTERSECTION OF THE Page 8 of 9 NORTHWEST RIGHT-OF-WAY LINE OF SAID SALVIA DRIVE AND THE NORTHEAST RIGHT-OF-WAY LINE OF SAID WHITE BEAR TRAIL, NORTH 74 DEGREES 43 MINUTES 01 SECONDS WEST, ALONG SAID CORNER CLIP, A DISTANCE OF 6.81 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "JACOBS' SET FOR CORNER AT THE WEST END OF SAID CORNER CLIP, NORTH 27 DEGREES 39 MINUTES 06 SECONDS WEST, ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID WHITE BEAR TRAIL, A DISTANCE OF 65 95 FEET TO THE POINT OF BEGINNING, AND CONTAINING 7.608 ACRES OF LAND, MORE OR LESS. Page 9 of 9 EXHIBIT B APPROVED BUDGET Section I Water $196,510.80 Sewer $170,652.40 Sub -total Section II Interior Streets Storm Drains Sub -total Section III Street Lights Sub -total $367,163.20 $478,964.00 $228,608.50 $707,572.50 $51,959.73 $51,959.73 TOTAL $1,126,695.43