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HomeMy WebLinkAboutContract 36199-A2 CITY SECRETARY rO TRACT NO. � 3t 199 SECOND AMENDMENT TO AGREEMENT 'CONCERNING CREATION AND OPERATION OF M�.t ORNINGSTAR RANCH C MUNICIPAL UTILITY DISTRICT NO. 2 OF PARKER COUNTY CSC 1J-� 3 k1 cj This Second Amendment to Agreement Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No. 2 of Parker County (this "Amendme t") is entered into by the City of Fort Worth, Texas, a home-rule municipal corporation situa ed in Tarrant, Denton, Johnson, Parker, and Wise Counties, Texas (the "City"), acting by and through its duly authorized Assistant City Manager, and Morningstar Ranch Municipal Utility District No. 2 of Parker County (the "District"), a political subdivision of the State of Texas, operating inder the provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and 54, exas Water Code, as amended. RECITALS WHEREAS, the District encompasses approximately 179.793 acres of land in arker County, Texas, in the City's extraterritorial jurisdiction; and WHEREAS, on January 26, 2021, the City Council of the City approved Resolution No. 5336-01-2021 (the "Consent Resolution") consenting to the addition of approximately 3 0.42 acres of land described in Exhibit B attached hereto (the "Additional Property") to the District; and WHEREAS, upon annexation of the Additional Property by the District, the District will encompass approximately 530.3980 acres of land shown on Exhibit A and described in Exhibit C attached hereto (the "Property"); WHEREAS, the City Council's consent to annexation of the Additional Property by the District is subject to execution by the City and the appropriate parties of amendments to c rtain agreements, including without limitation the Agreement Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No. 2 of Parker County, City Secretary Contract No. 36199, as previously amended by City Secretary Contract No. 36199-A1 (collectively, the "Creation and Operation Agreement"); NOW, THEREFORE, in consideration of the premises, mutual promises, covenants, obligations, and benefits herein contained, the City and District agree to amend the Creatiop and Operation Agreement to address annexation by the District of the Additional Property, as folilows: AGREEMENT 1. The following definitions in Article 11 of the Creation and Operation Agreemej 1t are amended to read as follows: "Development Agreement" means the 2021 Development Agreement for Morningstar Ranch dated 01 Z#Za21 , City Secretary Contract No. 5kQ_521e QFFM AL kECUkD Second Amendment to Amendment Concerning Creation and Operation of Morningstar Ranch Mu 'ci Uti i District No.2 of Parker County—Page I ECRETARY M f' VVIORTH,TX "Property" means that certain approximately 530.3980 acres of land shown on Exhibit A and described in Exhibit C. "Utility Agreement" means the 2021 Utility Agreement for Morningstar Ranch dated City Secretary Contract No. 2. Section 5.04, "Bond Limit Amount", is amended to read as follows: In consideration for the City's consent to the issuance of bonds for road projects pursL ant to Section 5.02(a)(iv), the District agrees that the total amount of Bonds issued by the District for all purposes (excluding refunding Bonds) shall not exceed $90,000,000, ess the amount of funds expended by the District pursuant to Sections 4.03(a), (b) and (c) of the Strategic Partnership Agreement for any of the authorized purposes listed in Section 5.02 (the"Bond Limit Amount") unless specifically approved by the City Council. Owner and the District acknowledge that the Bond Limit Amount is sufficient to accomplish the purposes of the District and that Owner and the District have voluntarily agreed to the B nd Limit Amount in consideration for the City's consent to the issuance of bonds for roads. District facilities, if any, the cost of which exceeds the Bond Limit Amount will be dedicated to the District without reimbursement unless otherwise approved by the City Council. There is a reasonable expectation that the District will have sufficient funds available in the fund established pursuant to Section 5.14 to retire all bonds issued by the District on or before August 21, 2055 or by the date on which such bonds are callable, whichever is earlier. 3. Section 5.05(e), "Bond Requirements," is amended to read as follows: (e) No Bonds shall be issued having an issuance date after August 21, 2045 without the City's written approval; and 4. A new Section 5.05(g), "Bond Requirements," is added to read as follows: Bonds issued on or after August 21, 2035 shall be callable in 10 years. 5. Section 5.12(b) of the Creation and Operation Agreement, "Reimbursement Agreements," is amended to read as follows: (b) All agreements entered into by the District with landowners or developers for reimbursement of costs incurred in connection with the District shall provide that (i) the District will not reimburse the landowner or developer for costs not evidenced by Bonds issued by August 21, 2045, without the City's written consent; and (ii) the landowner or developer waives all claims against the City for reimbursement of obligations not evidenced by Bonds issued by August 21, 2045. 6. Section 10.05 of the Creation and Operation Agreement, "Full Purpose Annexation,' is amended to read as follows: Second Amendment to Amendment Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No.2 of Parker County—Page 2 The City will not annex the Property for full purposes any earlier than the first to occur of: (1) the dissolution of the District (other than as a result of annexation by the City); or (b) August 21, 2045. 7. Exhibit A and Exhibit B of the Creation and Operation Agreement are replaced by Exhibit A and Exhibit B attached hereto. 8. Except as amended by this Amendment,the Creation and Operation Agreement remains in full force and effect. This Amendment will terminate and be of no further force or effect as of January 1, 2022, if the District does not annex the Additional Property on or before that date. 9. This Amendment satisfies the condition to the City's consent to annexation of'I the Additional Property into the District set out in Section 2(a) of the Consent Resolution.) IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its undersigned duly authorized representative in multiple copies on the date or dates indicated below. ATTEST: CITY OF FORT WORTH By: ty Secretary Dana Dana Burghdo , Assi t City Manager te: 147 APPROVED AS TO FO> r LEGALITY- Assistant City Attorney OFFB AL REC RD CM SECRET RY FT. wowm,TX Second Amendment to Amendment Concerning Creation and Operation of Morningstar Ranch Municipal Utility District No.2 of Parker County—Page 3 MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF PARKER COUN B . residen , B of irectors Name: 7j-�:-, 1�.--,. Z; ,r,��-,rare Date: Vc-�-e Lw—r 144 . Zaa-.J OFF10AL RE CRD COTY SECR ARY FT WORTH TX Second Amendment to Amendment Concerning Creation and Operation of Morningstar Ranch Municipal UtilitY District No.2 of Parker County—Page 4 Exhibit A Map of the District After Annexation of the Additional Property -""Wr ¢ Gtid t owl — ,f8S7RACT.+VC2 35B! 1.,lrt TT1 +7 . — . — . 530-3990 ACRES ,�''�r� � w �z vu•�al• sV•waEr ���. ��i� �' .A957JPACF nYZ 427 rS 41 .1Ory *lb` �s lop I CA:MN.eA�Gk'2dPf£f' ! 557A334 ACMES • — • ' — • ` A _; A CCLARY STAY:,f Y 485PA4f'T HG: 9=`JT FRNn7SC7 SWOCZ RimpEr ABSTRACT NO 1 Nr JC. cnj4 'W Wlfr ,�5;`TRAf7 N(7 rg,j AV ,! 6�f,'4F SWAYGA f 9.+�?ug' tF. B A.ff. 7A1,JP'S.W.EY 'PACT AO, A& A857AAW T d►1(1 isr3 A957P7Au 7.153 3.7L tolzvrNcsr E '_4IL'_YICIPal.BIS'TRICT I 'Ifi AND WNICIPAL DISTRICT I 3�3 BYERS STREET,a-lr' 10C,EULESS TEXAS 761:39 ttl 5STr934,;� !Mb'W.S=O3NErRsuRvEYOR5.C+-'JM :e .��kILI TBPLs:,=IRM ND.t 3RSd9M MU'D 1 and MUD 2-PAGE" C�F 1 Exhibit A Exhibit B Legal Description of the Additional Property Being a 350.42 acres tract determined by field survey situated in the E.DEAN SURVEY,ABSTRACT NO.354; W.GLOVER SURVEY,ABSTRACT NO.2584; J.MORRIS SURVEY,ABSTRACT NO.927 and the C RIDER SURVEY,ABSTRACT NO.1121,Parker County,Texas,being all the following called tracts: Called 302 acres +I-conveyed by the Lyon Living Trust to Tammy Calvin Lyon,Darrell Joe Lyon,and Pamela Gail Lyon Fuqua as evidenced by deed recorded in Volume 1874, Page 685, Real Property Records Parker County,Texas(Tracts I and 11); Called 10 acres+/-conveyed by the Lyon Living Trust to Tommy Lyon&Pam Lyon Fuqua as evidenced by deed recorded in Volume 1874, Page 680, Real Property Records Parker County,Texas;Called 20 acres +/- conveyed by the Lyon Living Trust to Darrel Joe Lyon as evidenced by deed recorded in Volume 1874,Page 676, Real Property Records Parker County,Texas;and Called 12.82 acres +I-conveyed by Ira Calvin Lyon,Tommy Calvin Lyon, and Darrell Joe Lyon to Terry Wayne Fuqna,Jr. and Pamela Gail Fuqua as evidence by deed recorded in Volume 2002, Page 20,Real Property Records Parker County,Texas. Said 350.42 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 112" iron rod found in the north line of said Tract 11,being the northerly southeast corner of that certain tract of land described in deed to Betsy Jo Dearing Browder,recorded in Volume 597,Page 487,Deed Records,Parker County,Texas, and being the southwest corner of HOLLY RIDGE ESTATES,an Addition in Parker County,Texas,according to the Plat recorded in Plat Cabinet B,Slide 074, Plat Records,Parker County, Texas,said BEGINNING point having a NAD 93,Zone 4202(Grid)coordinate value of NORTH:6966567.89 and EAST:22479%.42,for reference; THENCE N 88038136"E,along the common line of said Tract 11 and said HOLLY RIDGE ESTATES,at 926.96 feet passing a U2" from rod found at the common rear corner of Lots 13 and 14 of said HOLLY RIDGE ESTATES,and continuing, along said common Use, in all,a distance of 1856.33 feet to a point at the southeast corner of said HOLLY RIDGE ESTATESand being the southwest corner of that certain tract of land described in deed to MCRS Rancb,recorded in Volume 1409,Page 1104,Real Property Records,Parker County,Texas,from said point a 3" metal fence corner post found bean N 85°00'01" E,a distance of 1.27 feet and an 8"wood post found bean N 19*02118"W,a distance of 1.10 feet,for reference; THENCE N 99004136"E,a distance of 0.93 feet to the northwest corner of that certain tract of land described in deed to BAR-KO Land Company, LLC, recorded in Instrument Number 201931204, Official Public Records, Parker County,Texas; THENCE along the west and south line of said BAR-KO Land Company,LLC,tract,as follows: S 00046104"E,a distance of 350.07 feet to a 112"capped iron rod found stamped"C.F.Stark RPLS 5084"at the southwest corner of said BAR-KO Land Company,LLC,tract,being the beginning of a curve to the right,whose radius Is 375.00 feet and whose long chord bears S 72003'04"E.a chord distance of 78.75 feet; Along said carve in a southeasterly direction,through a central angle of 12003116",an arc distance of 78.90 feet to a 112"capped iron rod found stamped"C.F.Stark RPLS 5084";S 66001126"E.a distance of 771.73 feet to a 1/2" capped iron rod found stamped"C.F.Stark RPLS 5084";N 51039'17"E,a durance of 697.% feet to a 4"metal post found at the southeast corner of said BAR-KO Land Company, LLC, tract, also being the southerly southwest corner of that certain tract of land described Indeed to BAR-KO Land Company, LLC, recorded in Instrument Number 201917432,Official Public Records,Parker County,Texas,being in the east line of said Tract ff and being the most northerly northwest corner of that certain tract of land described in deed to William Fleming,et al,recorded In Volume 237,Page 562,Deed Records,Parker County,Texas; THENCE along the common fine of said Tract 11 and said Fleming,et of tract,generally along a fence,as follow: S 00°58'03"E,a distance of 1250.06 feet to a 4"metal fence corner post found; S M7151"W,a distance of 1055.62 feet to a 4"metal fence corner post found; S 17°25'05"W,a distance of 1565.81 feet to a bend in said fence; Exhibit B Page I S 1704V43"W,a distance of 89.65 feet to a bend In said fence; S 16027100"W,a distance of 319.75 feet to a 1/2"capped from rod set stamped"C.F.Stark RPLS 5094" S 50020124"E,a distance of 244.10 feet to a 4"metal fence corner post found; S 33031143" E,a distance of 277.98 feet to a 4"metal fence corner post found; S 70°55'14"E,a distance of 148.53 feet to a 4"metal fence post found; S 71045143"E,a distance of 306.43 feet to a metal fence post found; S 71*47123"E,a distance of$12.54 feet to a 1/2"capped iron rod set stamped"CA Stark RPLS 5084" S 49029134"E,a distance of 167.87 feet to 1/2"capped iron rod set stamped"C.F.Stark RPLS S084" S 01021146"E,a distance of 763.95 feet to a 6"wood fence corner post found at the southeast corner of said Tract II and being the northeast corner of that certain tract of land described in deed to FWFW Holdings, Inc., recorded in Instrument Number 2014-10303,Official Public Records,Parker County,Texas; THENCE S SM6149"W,along the common fine of said Tract If and said FWFW Holdings,Inc.,tract,it distance of 4212.50 feet to a 4"metal fence corner post found at the southwest corner of said Tract 11; THENCE N 01011158" W,continuing along the common line of said Tract 11 and said FWFW Holdings, Inc., tract,a distance of 24739 feet to a 4"metal fence corner post found at the southeast corner of said Tract I; THENCE N 89046143"W,along the common line of said Tract I and said FWFW Holdings,Inc.,tract,a distance of 2433.99 feet to a Texas Department of Public Transportation monument found (herein after called TxDOT monument)in the east line of Farm To Market Highway 3325 (A.K.A Farmer Road-Right-of-Way varies)and being the northwest corner of said FWFW Holdings,Inc.,tract,said TxDOT monument found being in a curve to the right,whose radius is 7579.44 feet and whose long chord bears N 03*13130"E,a chord distance of 18935 feet; THENCE along the east line of said Farm To Market Highway 3325 and along said curve, in a northeasterly direction,through a central angle of 01*25153",an arc distance of 189.35 feet to a TxDOT monument found; THENCE N 03056'26" E,continuing along the east line of said Farm To Market Highway 3325, a distance of 315.95 feet to a TxDOT monument found at the beginning of a curve to the left,whose radius is 7699.44 feet and whose long chord bears N 03°29'04"E,a chord distance of 122.59 feet; THENCE continuing along the east line of said Farm To Market Highway 3325 and along said curve, in a northeasterly direction, through a central angle of 00°5444", an arc distance of 122.59 feet to a TxDOT monument found in the north line of said Tract I,in the south line of said Betsy Jo Dearing Browder tract and being the most westerly northwest corner of the herein described 350.42 acre tract; THENCE N 89053'30"E,leaving the east line of said Farm To Market Highway 3325, along the common line of said Tract I and said Betsy Jo Dearing Browder tract,passing the northeast corner of said Tract 1 and the most westerly northwest corner of said Tract II,and continuing along the common line of said Tract It and said Betsy Jo Dearing Browder tract, in all, a distance of 3247.97 feet to a 1/2" Iron rod found at the most southerly southeast corner of said Betsy Jo Dearing Browder tract; THENCE along the common bee of said Tract II and said Betsy Jo Dearing Browder tract,generally along a fence,as follows: N 01019'20"W,a distance of 262.02 feet to a bend in said fence; N 01029131"W,a distance of 510.59 feet to a bend in said fence; N 01°ll'19"W,a distance of 844.21 feet to a bend in said fence; N 01*10'59"W,a distance of 1471.49 feet to a bend in said fence; Exhibit B Page 2 N 01022114"W,a distance of 418A9 feet to a bend is said fence; N 01029133"W,a distance of 389.25 feet to a bend in said fence; N 01002156" W,a distance of 283.66 feet to a 4"metal fence corner post found at the most northerly no t corner of said Tract 11 and being an ell corner of said Betsy Jo Dearing Browder tract; THENCE N W26128"E,continuing aiong the common line of said Tract 11 and said Betsy Jo Dearing Brow er tract,a distance of 19736 feet to the POINT OF BEGINNING and containing 350.42 acres of land,more or less NOTE: The company Is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land Is not a representation that such area or quantity is correct,but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. Exhibit B Page 3 Exhibit C Legal Description of the District After Annexation of the Additional Property BEING a 530.3980 acre tract of land located in the M.S. Teter Survey, Abstract Number 20 7 , W.H. Glover Survey, Abstract Number 2584, J.D. Morris Survey, Abstract Number 927, C. Rider Survey, Abstract Number 1121, and E. Dean Survey, Abstract Number 354, Parker County, Texas, said 530.3980 acre tract being all of a called 350.42 acre tract of land conveyed to 350 LYONS LAND INVESTMENTS,LLC, by deed thereof filed for record in Instrument Number 202112419, Official Public Records, Parker County, Texas, said 530.3980 acre tract being a portion of a called 737.227 acre tract of land conveyed to FWFW HOLDINGS, INC , by deed thereof filed for record in Instrument Number 201410303, Official Public Records, Parker County, Texas, said 530.3980 acre tract being more particularly described by the mete and bounds as follows: BEGINNING at a Texas Department of Transportation brass monument found (hereinafter referred to as a TXDOT monument found)at the northwest property corner of the said 737.22 acre tract, same being the southwest property corner of the said 350.42 acre tract, said beginning point being on the east right-of-way line of Farmer Road (being a variable width public right-of- way also known as Farm to Market Highway No. 3325), said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,961,751.09 and E: 2,244,603.92, said beginning point being at the beginning of a curve to the right having a radius of 7,579.44 feet; THENCE along the said right-of-way line and along the said curve to the right, an arc length of 189.08 feet and across a chord which bears North 03'15'18" East, a chord length of 189.08 feet to a TXDOT monument found; THENCE North 03°56'22" East, 316.07 feet to a TXDOT monument found at the beginning pf a non-tangent curve to the left having a radius of 7,699.44 feet; THENCE along the said curve to the left, an arc length of 122.59 feet and across a chord which bears North 03°34'28" East, a chord length of 122.59 feet to a TXDOT monument found at the most westerly northwest property corner of the said 350.42 acre tract; THENCE North 89°53'09" East, along the north property line of the said 350.42 acre tract, 3,248.64 feet to a northwest property corner of the said 350.42 acre tract; THENCE along a west property line of the said 350.42 acre tract the following courses and distances: North 01°19'41" West, 262.08 feet; North 01°29'52" West, 510.70 feet; North O 1°11'40" West, 844.39 feet; Exhibit C Page 1 North Ol°11'20" West, 1,471.79 feet; North 01 022'34" West, 418.58 feet; North 01029154" West, 389.33 feet; North 01003'16" West, 283.72 feet to a 4 inch metal post found at the most northerly northwest property corner of the said 350.42 acre tract; THENCE North 88034'49" East, along a north property line of the said 350.42 acre tract, 197.68 feet to a 1/2 inch iron rod with a cap stamped "TEXAS SURVEYING INC" found at the southwest lot corner of Lot 14, Holly Ridge Estates, being an Addition to Parker County, Texas, according to the plat thereof filed for record in Cabinet B, Slide 74, Plat Records, Parker County, Texas; THENCE North 881138'44" East, along the said north property line, 1,857.45 feet to a 1/2 inc iron rod with a cap stamped "STARK 5084" found at the most northerly northeast property corner of the said 350.42 acre tract, same being the southeast lot corner of Lot 13 of the said plat of Holly Ridge Estates, same being the southwest property corner of a called 103.95 acre tract of land conveyed to Bar-ko Land Company, LLC, by deed thereof filed for record in Instrument Number 201917432, Official Public Records, Parker County, Texas, said point also being the northwest property corner of a called 15.47 acre tract conveyed to Bar-Ko Land Company, LLC, by deed thereof filed for record in Instrument Number 201931204, Official Public Records, Parker County, Texas; THENCE along the common property line of the said 350.42 acre tract and the said 15.47 acre tract the following courses and distances: South 00046'13" East, 350.06 feet to the beginning of a non-tangent curve to the right having a radius of 375.00 feet; Along the said curve to the right, an arc length of 78.89 feet and across a chord which bears South 72"03'13" East, a chord length of 78.75 feet; South 66001'35" East, 771.72 feet; North 51 039'08" East, 697.93 feet to a 4 inch metal post found at the most easterly northeast property corner of the 350.42 acre tract, same being the east property corner of ner the said 15.47 acre tract, same being the most southerly southeast property cor oft e said 103.95 acre tract, same being a northwest property corner of a certain tract of land conveyed to Walsh Ranches Ltd., by deed thereof filed for record in Volume 237, Page 562, Deed Records, Parker County, Texas; THENCE along the easterly property line of the said 350.42 acre tract and along the westerly property line of the said Walsh Ranches tract (Vol. 237, Pg. 562)the following courses and distances: Exhibit C Page 2 South 00°58'02" East, 1,250.04 feet; South 88°26'49" West, 1,055.84 feet to a 4 inch metal post found; South 17'16'01" West, 1,973.87 feet; South 50°20'51" East, 244.06 feet to a 4 inch metal post found; South 33°31'25" East, 278.03 feet; South 70°54'56" East, 148.55 feet; South 71°45'30" East, 306.48 feet; South 71°47'05" East, 812.68 feet; South 49'29'16" East, 167.90 feet; South 01°21'28" East, 764.09 feet to a cross tie found at the southeast property corner of the said 350.42 acre tract, same being the northeast property corner of the said 737.227 acre tract; THENCE South 00°09'21" East, along the said east property line of the said 737.227 acre tract and continuing along the said west property line of the Walsh Ranches tract, 423.47 feet; THENCE departing the said property lines and over and across the said 737.227 acre tract the following courses and distances: South 89°50'39" West, 126.35 feet to the beginning of a non-tangent curve to the left having a radius of 30.50 feet; Along the said curve to the left, an arc length of 23.55 feet and across a chord which bears South 21°58'01" West, a chord length of 22.97 feet; South 00°09'21" East, 228.80 feet; South 89°05'25" West, 129.67 feet; South 00°54'35" East, 350.00 feet; South 89°05'25" West, 5.00 feet; South 00°54'35" East, 125.00 feet; South 89°05'25" West, 730.00 feet; Exhibit C Page 3 South 00°54'35" East, 300.00 feet; South 89°05'25" West, 300.00 feet; North 00°54'35" West, 360.00 feet; South 89°05'25" West, 650.00 feet; North 00°54'35" West, 420.00 feet; South 89°05'25" West, 550.00 feet; North 00°54'35" West, 60.00 feet; South 89°05'25" West, 350.00 feet; North 00°54'35" West, 5.00 feet; South 89°05'25" West, 300.00 feet; North 00°54'35" West, 153.08 feet; North 45°54'35" West, 14.14 feet; South 89°05'25" West, 225.00 feet; South 89°16'06" West, 80.00 feet; South 89°26'50" West, 517.88 feet; South 00°33'10" East, 120.00 feet; South 89°26'50" West, 8.63 feet; South 00'13'12" West, 234.40 feet; South 08'17'52" West, 51.41 feet; South 21°44'36" West, 279.36 feet; South 68'15'24" East, 74.92 feet to the beginning of a curve to the left having a radius of 280.00 feet; Along the said curve to the left, an arc length of 23.37 feet and across a chord which bears South 70°38'53" East, a chord length of 23.37 feet; Exhibit C Page 4 South 16°57'38" West, 121.40 feet; South 39°39'08" West, 179.32 feet to the beginning of a non-tangent curve to the right having a radius of 1,045.00 feet; Along the said curve to the right, an arc length of 17.50 feet and across a chord which bears South 49°52'05" East, a chord length of 17.50 feet; South 49'23'17" East, 64.43 feet; South 40°36'43" West, 127.97 feet to the beginning of a non-tangent curve to the left having a radius of 30.50 feet; Along the said curve to the left, an arc length of 24.87 feet and across a chord which bears North 86'14'07" East, a chord length of 24.19 feet to the beginning of a curve to the right having a radius of 50.00 feet; Along the said curve to the right, an arc length of 178.66 feet and across a chord which bears South 14°45'25" East, a chord length of 97.68 feet; South 02°23'24" East, 20.00 feet; South 40°36'43" West, 118.81 feet; North 49'23'17" West, 155.00 feet; North 51°43'41" West, 97.88 feet; North 59'04'13" West, 97.32 feet; North 66'17'41" West, 98.06 feet; North 68'15'24" West, 355.00 feet; South 21°44'36" West, 95.00 feet; .North 68'15'24" West, 119.72 feet to the beginning of a non-tangent curve to the left having a radius of 30.50 feet; Along the said curve to the left, an arc length of 11.49 feet and across a chord which bears South 03°09'00" West, a chord length of 11.42 feet to the beginning of a curve t the right having a radius of 50.00 feet; Exhibit C Page 5 Along the said curve to the right, an arc length of 129.82 feet and across a chord whic bears South 66°44'36" West, a chord length of 96.31 feet to the beginning of a curve t the left having a radius of 30.50 feet; Along the said curve to the left, an arc length of 15.64 feet and across a chord which bears North 53°33'56" West, a chord length of 15.47 feet; North 68'15'24" West, 225.38 feet to the beginning of a curve to the left having a radius of 500.00 feet; Along the said curve to the left, an arc length of 49.89 feet and across a chord which bears North 71°06'54" West, a chord length of 49.87 feet; South 15°56'45" West, 115.99 feet; North 85°47'44" West, 144.39 feet; South 89°29'59" West, 987.57 feet to a point on the said east right-of-way line of Farnier Road, said point being at the beginning of a non-tangent curve to the right having a radius of 1,849.86 feet; THENCE along the said right-of-way line and along the said curve to the right, an arc length of 482.27 feet and across a chord which bears North 08°25'25" West, a chord length of 480.90 feet to a TXDOT monument found; THENCE North 00°57'45" West, 796.84 feet to the beginning of a non-tangent curve to the right having a radius of 7,579.44 feet; THENCE along the said right-of-way line and along the said curve to the right, an arc length 9f 461.63 feet and across a chord which bears North 00°48'44" East, a chord length of 461.56 fe to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 530.3980 acres (23,104,137 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc. Exhibit C Pag e 6 i,