HomeMy WebLinkAboutContract 48650-A1c-·r SEC ETARY
conT RACT NO. '-/5'(g'5/J -Al
AMENDMENT TO ALPHA RANCH DEVELOPMENT AGREEMENT r
This Amendment to Alpha Ranch Development Agreement (this "Amendment") is entered
into by and between the City of Fort Worth, a home-rule municipal corporation situated in Tarrant,
Denton, Johnson, Parker and Wise Counties, Texas (the "City"), acting by and through its duly
authorized Assistant City Manager; CTMGT Alpha Ranch, LLC, a Texas limited liability
company ("Alpha Ranch LLC"); CTMGT AR II, LLC, a Texas limited liability company ("AR II
LLC"); CTMGT AR III, LLC, a Texas limited liability company ("AR III LC") and Ryan Dynasty
Trust ("Ryan Trust") (collectively, "Owner"), effective upon execution by all parties.
RECITALS
A. Alpha Ranch LLC, AR II LLC and Ryan Trust entered into that certain Alpha Ranch
Development Agreement (City Secretary Contract No. 48650) effective February 15, 2017 (the
"Agreement").
B. The Agreement governed an approximately 1,122.139-acre tract owned by Alpha
Ranch LLC (defined therein as the "Alpha Ranch LLC Tract"), an approximately 160.8963-acre
tract owned by AR II LLC (defined therein as the "Elizabeth Creek Tract"), an approximately
12 .916-acre tract owned by Ryan Trust (defined therein as the "Ryan Trust Tract"), and an
approximately 171.089-acre tract owned by Alpha Ranch LLC (defined therein as the "CTMGT
Tract"), totaling approximately 1,467 .0403 acres, all of which is within the Alpha Ranch Fresh
Water Supply District of Denton and Wise Counties (the "District"), defined in the Agreement
and herein as the "Property") and attached to the Agreement and hereto as Exhibits B, B-1, B-2
and B-3.
C. Effective July 18 , 2017 Ryan Trust and Alpha Ranch LLC exchanged property
within Alpha Ranch so that CTMGT owns the Ryan Trust Tract and Ryan Trust owns 17.740 acres
of the Alpha Ranch LLC Tract, consisting of a 11.238-acre tract and a 6.502-acre tract.
D. On June 22 , 2021, the City Council of the City approved Resolution No . 5426-06-
2021 (the "Annexation Consent Resolution") consenting to addition of approximately 522 .653
acres of land described in Exhibit B-4 attached hereto (the "Additional Property") to the Alpha
Ranch Water Control and Improvement District of Denton and Wise Counties (the "District").
E. The Property and the Additional Property are depicted on Exhibit A-1 attached hereto.
F. AR III is the owner of the Additional Property .
G. The City Council's consent to annexation of the Additional Property by the Alpha
Ranch District is subject to ex ecution by the City and the appropriate parties of amendments to
certain agreements, including the Agreement.
H. Together with approving this Amendment, the City Council has approved the
following agreements relating to the Additional Property : Utility and Infrastructure Agreement
(City Secretary Contract No. ); Amendment to Agreement for Construction of Sendera
Am endment to Alpha Raneh Development Age~ -SCAN NED OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Ranch Boulevard (City Secretary Contract No. 48648-Al) and Amendment to Agreement
Concerning Operation of Alpha Ranch Water Supply District No. 1 of Denton and Wise Counties
(City Secretary Contract No. 48647-Al).
I. This Amendment governs dev elopment of the Additional Property, only, and has no
impact on development of the Property described in Recital B , which is governed by the
Agreement, except where expressly noted.
NOW, THEREFORE, . in consideration of the premises, mutual promises, covenants,
obligations , and benefits herein contained, the City, Owners and the District agree to amend the
Agreement as follows :
1. The following definitions in Article II are amended, to read as follows :
(a) "Operation Agreement" and "Sendera Ranch Boulevard Agreement" include the
agreements as defined in the Development Agreement, as amended by the amendments
described in Recital H.
(b) "Term" has the meaning set out in Section 10 of this Amendment.
2. The following definition is added to Article III:
"Utility and Infrastructure Agreement" means City Secretary Contract No. __ entered
into by the City and CTMGT AR III , LLC governing infrastructure to serve the Additional
Property.
3. The definition of "Property" in the Agreement includes the Additional Property, except
where the Additional Property is expressly referenced in this Amendment or where clearly
inconsistent with this Amendment.
4. Section 3 .02(a) is amended to read as follows:
The Commercial Property shall be developed in accordance with the permitted uses and
development regulations applicable to the "G" Intensive Commercial District as reflected
in Sections 4.803 and 4.904 of the Zoning Ordinance.
5. Section 3.02(c) is amended to read as follows:
The Residential Property may be developed with a combination of the uses permitted in
Section 3.02(b)(i) through 3.02(b)(iii) as set out in the Residential Use Table described in
Section 3.02(b)(iv), to be determined at Owner's discretion, subject to Section 3 .20.
6. Section 3 .06 , "Gas Drilling and Production; Setbacks from Gas Wells" is amended to read
as follows :
Amendment to Alpha Ranch Development Agreement -Page 2
Natural gas wells drilled on the Property prior to February 15, 2017, and on the Additional
Property prior to the effective date of this Amendment, as shown on Exhibit D
(individually and collectively, the "Existing Wells "), are not subject to the Gas Drilling
Ordinance or any other City regulations concerning natural gas drilling. Notwithstanding
the foregoing, residences, religious institutions, hospital buildings, schools, public parks or
Public Buildings, as defined in the Gas Well Ordinance, shall be constructed at least 300
feet from the center of any active natural gas well on the Property or Additional Property,
at the surface of the ground, and shall adhere to all setbacks applicable to compressor
stations and tanks in effect on the Effective Date of this Amendment. All other Habitable
Structures, as defined in the Gas Well Ordinance, shall be constructed at least 200 feet from
the center of any active natural gas well on the Property, at the surface of the ground, and
shall adhere to all setbacks applicable to compressor stations and tanks in effect on the
Effective Date of this Amendment.
7. A new Section 3.19, "Land Use and Development Regulations for Additional Property,"
is added to read as follows:
(a) The Additional Property described in Exhibit B-4 and depicted in Exhibit C-1 shall
be developed in accordance with this Section 3.19. Section 3.02 does not apply to the
Additional Property.
(b) The land designated as Commercial on Exhibit C-1, consisting of approximately 37
acres, shall be developed in accordance the permitted uses and development regulations
applicable to the "G" Intensive Commercial District as reflected in Sections 4.803 and
4.904 of the Zoning Ordinance.
( c) The land designated as Multi-Family on Exhibit C-1, consisting of approximately 68.6
acres, shall be developed in accordance with the permitted uses and development
regulations applicable to the "D" High Density Multifamily District as reflected in
Sections 4.600 and 4.712 of the Zoning Ordinance.
(d) The land designated as Light Industrial on Exhibit C-1, consisting of approximately
45.1 acres, shall be developed in accordance with the permitted uses and development
regulations applicable to the "I" Light Industrial District as reflected in Sections 4.803
and 4.1000 of the Zoning Ordinance.
(e) The land designated as Single-Family on Exhibit C-1, consisting of approximately 375
acres, shall be developed in accordance with the following sections of the Zoning
Ordinance, with the combination of single-family products to be determined at Owner's
discretion, subject to the lot limit in Section 3.20:
(i) Section 4.703 ("A-10" One-Family)
(ii) Section 4.704("A-7 .5" One-Family)
(iii) Section 4.705 ("A-5" One-Family)
(iv) Section 4.603 (Residential Use Table)
Amendment to Alpha Ranch Development Agreement -Page 3
8. A new Section 3.20, "Maximum Single-Family Residences" is added, to read as follows:
A maximum of 5,000 single-family residences is authorized to be constructed on the
Property and the Additional Property.
9. Section 4.12, "Reimbursement Agreements" is amended to read as follows, with such
amendment expressly applying to the Property and the Additional Property:
(a) No change.
(b) All agreements entered into by the District or by a district resulting from division of
the District (a "Resulting District") for reimbursement of costs incurred in connection
with such District or Resulting District shall provide that (i) the District or Resulting
District will not reimburse the landowner or developer for costs not evidenced by
Bonds issued before December 14, 2042 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 before December 14, 2042.
(c) Deleted
10. Section 4.13(b), "Traffic Management; Construction of Roads," is amended to read as
follows:
(b) Owner and the District shall design and construct, or cause the design and
construction of, four lanes of Sendera Ranch Boulevard from the northernmost
section of Sendera Ranch Boulevard ( currently located at its intersection with
Northstar Parkway and Suncatcher Way) to SH 114 (the "Sendera Ranch Boulevard
Extension") in accordance in accordance with this Agreement, as amended, and that
certain Agreement for Construction of Sendera Ranch Boulevard (City Secretary
Contract No. 48648), as amended by City Secretary Contract No. 48648-Al, which
shall be incorporated herein by reference. Owners and the District have no obligation
with respect to dedication ofright-of-way for, design or construction oflanes five and
six of Sendera Ranch Boulevard. The Sendera Ranch Boulevard Extension shall be
constructed in three phases ( each, a "phase"), as follows:
(i) The eastern two lanes of Sendera Ranch Boulevard will be constructed from
SH 114 to connect to the northernmost section of existing Sendera Ranch
Boulevard (Phase 1) prior to approval by the City of a final plat for the 460th
single-family lot within the Property.
(ii) The western two lanes of Sendera Ranch Boulevard will be constructed from
SH 114 to the southern boundary of the Alpha Ranch Property (Phase 2), prior
to approval by the City of a final plat for the 1,500th single-family lot within
the Property. Further, a traffic signal at the intersection of SH 114 and Sendera
Ranch Boulevard (the "Traffic Signal") will be designed and constructed prior
to approval by the City of a final plat for the 1,500th single-family lot within
Amendment to Alpha Ranch Development Agreement -Page 4
the Property, provided the Texas Department of Transportation approves the
installation of the Traffic Signal and the Texas Department of Transportation
or the City agrees to accept the Traffic Signal for maintenance. There shall be
no obligation to design and construct the Traffic Signal without such approvals
by the Texas Department of Transportation.
(iii) The western two lanes of Sendera Ranch Boulevard will be constructed from
the southern boundary of the Property to connect to the northernmost section
of existing Sendera Ranch Boulevard (Phase 3) prior to approval by the City
of a final plat for the 1,800th single-family lot within the Property.
11. Section 5.02 of the Agreement does not apply to the Additional Property.
12. Section 6.02 of the Agreement is amended in its entirety to read as follows:
Except as provided in Section 6.04, the City shall not annex all or any portion of the
Property and the Additional Property within the District or a Resulting District for full
purposes until the first to occur of (i) the dissolution of such District or Resulting District;
or (b) the date construction of water, sanitary sewer, drainage and road facilities to serve
90% of the Property and the Additional Property within the District or Resulting District
is complete and bonds have been issued by the District or Resulting District to reimburse
Owner or developer for such facilities; or (iii) December 14, 2042.
13. Article VII, "Term of Agreement", is amended to read as follows:
The Agreement, as amended, is a development agreement authorized by Section 212 .1 72
of the Local Government Code. Upon annexation for full purposes of all land within the
District or a Resulting District, the Agreement, as amended, will terminate as to all such
annexed land, but shall remain in effect for the remainder of the Property and the Additional
Property. The Agreement shall terminate on December 14, 2042.
14. Section 9.01, "Notice," is amended to change the contact person for Alpha Ranch LLC and
AR II LLC to Mehrdad Moayedi and to name Mehrdad Moayedi at the same address as the
contact person for AR III LLC to Mehrdad Moayedi.
15. The first paragraph of Exhibit F, Assignment and Assumption Agreement, is amended to
read as follows:
A. Assignor is the owner of the rights of the Owner under that certain Development
Agreement between the City of Port Worth, CTMGT Alpha Ranch, LLC, a Texas limited
liability company, and CTMGT AR II, LLC, a Texas limited liability company, for the
Alpha Ranch Development (City Secretary Contract No. 48650), as amended by that
certain Amendment to Development Agreement for Alpha Ranch Development (City
Secretary Contract No . 4865)-Al) (collectively, the "Agreement") relating to the
development of the Property and the Additional Property ( as described therein) to the
Amendment to Alpha Ranch Development Agreement -Page 5
extent the Agreement covers, affects, and relates to the land described in Exhibit A attached
hereto (the "Transferred Premises").
16. A new Section 9.21, "Annexation Disclosures," is added, to read as follows:
Owner acknowledges that Owner is not required to enter into this Agreement and that
annexation proceedings are subject to Owner's consent. This consensual annexation
described in Article VI is authorized and governed by Subchapter C-3 of Chapter 43 of the
Texas Local Government Code. Under Subchapter C-3, the City must conduct one (1)
public hearing, provide notice of this public hearing between ten (10) and twenty (20) days
prior to the hearing, and negotiate a service plan with Owner. The annexation ordinance
may be adopted at the conclusion of the public hearing. In accordance with Section
2 l 2.172(i), Texas Local Government Code, immunity from suit for the purpose of
adjudicating a claim for breach ofthis Agreement is waived. The Parties acknowledge that
this section complies with Section 212.172(b-1), Texas Local Government Code.
17 . Except as amended by this Amendment, the Development Agreement remains in full force
and effect.
18. All capitalized terms not defined by this Amendment shall have the meaning set out in the
Development Agreement.
19. This Amendment is approved in furtherance of Section 3 of the Annexation 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.
SIGNATURES APPEAR ON NEXT PAGE
Amendment to Alpha Ranch Development Agreement -Page 6
ATTEST:
# i :i(-
APPROVED AS TO FORM AND
LEGALITY:
L[Yl~~~ar
Assistant City Attorney
STATE OF TEXAS §
§
COUNTYOFTARRANT §
CITY OF FORT WORTH
By: _ __.~_,,,.,.~=ff-----=---ff-+-------
Dana Burghdo nt City Manager
This instrument was acknowledged before me , on the l!.,day of 1)e~n-tber, 2022 ,
by Dana Burghdoff, Assistant City Manager of the Cit)J fFort Worth, Texas on behalf of said
City.
~t~rf}f;,,,,_ TRACEY RENEE MARTIN [f:"~{11 Notary Publ ic, Stat e of Texas
~,\~/-:!t~S Comm. Exp ir es 03-05-2023 ~;tRt~,~ Nota ry ID 13 1918022
Contract Compliance Manager:
Notary
Printed Name:\ ~tcy \fhrh 0
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
Amendment to Alpha Ranch Development Agreement -Page 7
OFFICIAL RECORD
CllY SECRETARY
fT. WORTH, TX
STATE OF TEXAS
COUNTY OF ----
§
§
CTMGT ALPHA RANCH, LLC,
a Texas limited liability company
By: CENTAMTAR TERRAS, LLC,
a Texas limited liability company, ·
Its: Manager
By: CTMGT, LLC,
a Texas limited liability company,
Its: Manager
By: ____________ _
Name: Mehrdad Moayedi
Title: Manager
This instrument was acknowledged before me, on the __ day of ______ , 2022,
by Mehrdad Moayedi, Manager of CTMGT LLC, a Texas limited liability company, in its capacity
as Manager of Centamtar Terras, LLC, a Texas limited liability company, on behalf of CTMGT
Alpha Ranch, LLC, a Texas limited liability company.
[SEAL]
Notary Public, State of Texas
Printed Name: ------------
My Commission Expires: _______ _
Amendment to Alpha Ranch Development Agreement -Page 8
STATE OF TEXAS
COUNTY OF ----
§
§
.
CTMGT AR II, LLC
a Texas limited liability company
By: CENTAMTAR TERRAS , LLC,
a Texas limited liability company,
Its : Manager
By: CTMGT, LLC,
a Texas limited liability company ,
Its: Manager
By: ____________ _
Name: Mehrdad Moayedi
Title: Manager
This instrument was acknowledged before me, on the __ day of _____ ~ 2022,
by Mehrdad Moayedi, Manager of CTMGT LLC, a Texas limited liability company, in its capacity
as Manager of Centamtar Terras, LLC, a Texas limited liability company, on behalf of CTMGT
AR II, LLC, a Texas limited liability company.
[SEAL]
Notary Public, State of Texas
Printed Name: ------------
My Commission Expires: _______ _
Amendment to Alpha Ranch Development Agreement -Page 9
STATE OF TEXAS
COUNTY OF ----
§
§
CTMGT AR III, LLC
a Texas limited liability company
By: CENTAMTAR TERRAS, LLC,
a Texas limited liability company,
Its: Manager
By: CTMGT, LLC,
a Texas limited liability company ,
Its : Manager
By: ____________ _
Name: Mehrdad Moayedi
Title: Manager
This instrument was acknowledged before me, on the __ day of ______ , 2022,
by Mehrdad Moayedi, Manager of CTMGT LLC, a Texas limited liability company, in its capacity
as Manager of Centamtar Terras, LLC, a Texas limited liability company, on behalf of CTMGT
AR III, LLC, a Texas limited liability company.
Notary Public, State of Texas
Printed Name: ------------
My Commission Expires: _______ _
Amendment to Alpha Ranch Development Agreement -Page 10
STATE OF TEXAS
COUNTY OF ----
§
§
THE RY AN DYNASTY TRUST
Jeffrey S . Ryan, Trustee
Patricia Rae Jenkins, Trustee
Sandra Jo Devin, Trustee
This instrument was acknowledged before me, on the __ day of ______ , 2022 ,
by Jeffrey S. Ryan, Trustee of The Ryan Dynasty Trust, on behalf of such trust.
[SEAL]
Notary Public, State of Texas
Printed Name: ------------
My Commission Expires: _______ _
Amendment to Alpha Ranch Development Agreement -Page 11
STATE OF TEXAS
COUNTY OF ----
§
§
This instrument was acknowledged before me, on the __ day of ___ ~--' 2022,
by Patricia Rae Jenkins, Trustee of The Ryan Dynasty Trust, on behalf of such trust.
[SEAL]
STATE OF TEXAS
COUNTY OF ----
§
§
Notary Public, State of Texas
Printed Name: ------------
My Commission Expires: _______ _
This instrument was acknowledged before me, on the __ day of ______ , 2022,
by Sandra Jo Devin, Trustee of The Ryan Dynasty Trust, on behalf of such trust.
[SEAL]
Notary Public, State of Texas
Printed Name: ------------
My Commission Expires: _______ _
Amendment to Alpha Ranch Development Agreement-Page 12
mu PELOTON 1iiif l l\NO IOL U TUHO,
Exhibit A-1
Trar;t2
H50Ac,
Exhibit A-1
Map of the Property and the Additional Property
t
' i I! . l ~~~!-------,-I
Alpha Ranch District
()r...t,,t,e, 2021
Exhibit B
Legal Description of Alpha Ranch Tract
Exhibit B
ESTABLISHED 1880
BROOKES BAKER SURVEYORS
DON 'ti. HICY.E Y, RPLS, LSLS
;>.L;.N W . :-IICKEY, RP!...S
GA.R::Y IV. GILL EY, RPLS, LSLS
CO NSUL TANT
Apri} 24, 2004
Page 1 o f 5
Field notes for :'-( PA...RCEL 2 )
A PROFESSIONAL"CORPORATION
TITLE AND TOPOGRAPHIC.SURVEYING
. 930 Hic:<oy Cou n
Grnnbur;, T~xas 760,:S
817-279-0232
f~x o l 7•279-969<
aROOKES BAKER (1902-1955)
JOHN F. BAKER (1924-1965)
S.J. BAKER (1S27-1999)
FRED M . MORRIS (1936•1999)
Parts of the JOSHUA KmG SURVEY, Abstract No. 712, the S11ITH COUNTY SCHOOL
LAND SURVEY, Abstr2.ct No. 743 and cl! of the WM. G.A.FFIBLD SURVEY, Abstract No.
332, tfo:; EMPSON THO1vIPSON S1JRVEY, Abstract No. 804 and-the THOMAS PEOPLES
SURVEY, Abs-tract No . 677 situated in Wise and Denton Counties, Texas; embracin:g a part of
the 1302-325/1000 a cres Tni;ct de.scribed iri the deed to .-\}pl}a Ra..:r.ich Ltd., recorded in volume
4645, page 306 of rhe Rea1 Records ofDen~?n County, T~xas and described by metes and bounds
as follows.
Commencing at a ½" iron found for the northeast corner of said 1302-325/1000 acres Tract and
!:he northwest comer of the 157-867/1000 acres Tract described in the deed to James B. Stahla ·
r1::cordecl in volume 1593, p!tge 612 of the Deed Records of Denton County, Texas in the
· souu':.erly right-of-way of Seate Highway No. 114-a..lld nm 00 degrees-36 minutes-52 seconds
w:::st, along th e east line of said 1302-325/1000 acres tract, 2066-66/100 feet to a 5/8" capp~d
iron set on the bank of creek for the northeast and place of beginning.
Then;e south 00 degrees-36 mi..nutes-52 seconds west, along ll-ie east line of said l 302-325/1000
,~c n::s Trad and the ·west line of said 157-867/1000 acres Tract to and along the west line of the
13-7182/10000 acres Tract described in the deed to W.R. Rose Investments, Inc ., recorded in
v·o l ume 4190, page 327 6fth~ said Real Records, 552-39/10.0 feet to a½" frpn found in the r.qost
northerly south line of said 1302-325/1000 acres Tract and the southwest corner of said 13-
7182/10000 a~res Tr?ct.
Thence nortli 8 9 ·degrees-25 minutes-44 seconds west, along most northerly south _line of said
· 1302-325/1000 acres Tract, 234-54/100 feet to a 3/8" iron fou..-rid for the northeast comer of
SONGBIRD A.DDI'l1ON, fill addition to Denton County, as said addition app'ears on the plat
th ereofrecordcd in Slide B-83 of the Plat Records of Denton Cow1ty, Texas.
Thence north 88 degrees-32 n;.inutes-27 seconds west, along the south line· of sai<l 1302-
3:25/1000 acre-s Tract a!-i.d the north line of said SONGBIRD ADDITION, 2213-58/100 feet to a
½" iron found for the nortJnvest comer of Lot 29 of said SONGBIRD ADDITION and a r e~
em.rm1t comer of said 1302-325/1000 acres Tract .
The.nee south 00 degrees-5 2 minutes-00 seconds \Vest, ~long the east li.-r1e of said 1302-325/1000
acres Tract ,md th e west line of said Lot 29 to and along the .west line of Lot 28 of said
SONGBIRD ADDITION, 1502-94/100 feet to a 5/8" capped iron set.
April 24, 20a°4
Page 2 of 5
Field notes for:-( PARCEL 2) (continued)
c:STA3LISHED 1-880
BROOKES BAKER
SURVEY.ORS
Thence .south 87 degrees-54 minmes-36 seconds west, 423-23/1 .00 feet to a ] O" pipe post for the
most westerly nort.rnvest comer of said SONGB1RD ADDITION and a re-entrant comer of scDd
1302-325/ 1000 acres .Traci.
Thence south 00 degrees-53 mi-11.utes-43 seconds west, along ihe west line o.f said 1302-325/l QOO
acres Tract and the most westerly line of said SONGBIRD ADDITION, 4163-13/100 feet to a 1"
· iron· found for tJ1e southe2st comer of said 1302-325/1000 acres Tract in the north line of the ..
1650-2055/.10000 acres Tract described in the -deed to B~adington·Resources, Inc., recorded in
voh1Ine 814, page 826 of the Official Public Records of Wise County, Texas.
Thence south 89 degrees-23 rninutes-29 seconds west, along the south line of said 1302-
325/1000 acres Tract and the north line of said 1650-2055/10000 acres Tract, 5395-82/100 feet
to a ½" pipe found . for the n01ihwest comer of said 1650-2055/10000 acres Tract aE.d the
northeast comer of the 296-711/1000 acres Tract described in· the deed to Mary Jane Bennett
recorded in volume 911, page 436 of the said Official Public Records.
Thence nort½. 88 degrees-32 minutes-03 seconds west, along the south line of said 1302-
325/1000 acres Tract and the north line of said 296-711/1000 acres Tra~t, 1649-05/100 feet to a
½" iron found for the southwest comer of said 1302-325/1000 acres Tract.
Thence north 00 degrees-43 minutes-00 seconds east, along the west line of said 1302-325/l 000
acres Tract, 4658-11/100 feet to a concrete monument found.
Thence north 00 degrees-44 mintites-13 se·conds east, continuing along the west line of said
1302-325/1000 acres Tr~ct, 1320-58/100 feet to 8: concrete monument found for the most
westerly northwest comer of said 1302-325/l 000 acres_ Tract and the 11ortbeast comer of the 47-
5/10 a~res Tract described in the deed m Scott Kelly recorded in volume 243, page 485 of the
Deed Records of Wise County, Texas. ·
Thence south 89 degrees-5 6 minutes-23 seconds east, along the most southerly norih line of said
1302-325/1000 acres Tract, 3744-75/100 feet to a½" iron found for a re-entrant corner of said
1302-325/1000 acres Tract. · ·
Thence north 00 degrees-32 minutes-i"9 seconds east, along the west line of said 1302-325/1000 ·
,~c:res Tra ct, 1983-21/100 feet to. a 5/8" capped iron set for the southwest corner of the 15 acres
Tract described in the deed to Jerry Lueck recorded in volume 421, page 617 of the said Deed
Records . ·
April 24, 2004
Page 3 of 5
Field no1es for :-·( PARCEL 2 )(continued)
ESTABLISHED 16o0
B ROOKES BAKER ·
SURVEYORS
Thence south 89 degrees-19 minutes-12 seconds eas-t, al_ong the north line of said -1302-3-25/1000
acres Tract, 667-54/_l 00 feet to a 5/8" capped iron set-on the bank of creek.
Thence southeasterly, along the bank o_f said creek, the following:
south 21 degrees-54 minutes-25 seconds west 83-70/100 feet to a 5/8" capped .iron set;
south 54 degrees--14 mLYlutes-16 sceonds west 95-61/100 feet to a 5/8" capped iron set;
south -13 .degrees-02 mimn.es-31 seconds east 80-48/100 feet to. a 5/8" capped iron set;
south 6:> degrc:cs-24 minutes-30 seconds eest 68-47ilOO feet to a 5/81Jcapped iron set;
soufo 47 degrees-23 minutes-02 seconds east 57-81/100 feet to a 5/8" capped iron set;
south 28 degrees-38 minutes-38 seconds east 105-31/100 feet to a 5/8" capped iron set;
south 02 d;:;grees-41 minutes-15 seconds east 94-66/100 feet to a 5/8" capped iron set;
south 49 degrees-07 minutcs-22 seconds east 74-13/100 feet to a 5/8" capped iron_set;
south 80 degrees-49 -mir..utes-53 secor,ds east 62-39/100 feet to a.5/8" capped iron set;·
south 84 degrees-30 minutes-31 seconds east 146-87/100 feet to a 5/_8" capped iron set;
north 75 degrees-12 minutes-21 seconds east 79-11/100 feet to a 5/8" capped iron ~et;
norL11 43 degrees-14minutes-01 seconds east 53-92/100 feet to a 5/8" capped iron set;
north 54 degrees-07 :m.inutes-09 seconds east 125-16/100 feet to a 5/8" capped iron set;
north 27 degrees-56 minutes-36 seco~ds east I 04-93/100 feet to a 5/8" capped iron set;
north 78 dcgrees-21 minutes-35 seconds east 8~-66/100 feet to a 5/8" capped iron set;
south 66 degrees-23 minutes-22 seconds east 57-25/100 fyet to a 5/8" capped iron set;
souih 22 degrees-11 minutes-31 seconds east 114-17 /l 00 feet to a 5/8" capped fron set;
south 19 deg:rees-i3 minutes-55 s~conds east 86-11/100 feet to a 5/8" c.apped iron set;
south 88 degrees-21· minutes~4·8 se-corids eas_f 106--08/100 feetto a 5/8" capped iron set;
south · 63 degrees-49 minutes-48 seconds east 13 8-15/100 feet to_ a 5/8" capped iron set;
south 58 degrees-23 minutes-24 seconds east 262-09/100 feet to a 5/8" capped iron. set;
south 5 5 degrees-45 minutes-09 seconds east 171-46/100 feet to a 5/8" cappei:l iron set;
souLri 34 degrees-20 minutes-37 seconds east l68-7l/lOO feet to a 5/8" capped iron set;
south 15 degrees-55 rninutes-30 seconds east l l9-46/100 feet to a 5/8" capped iron set;
south 14 degrces-24 minutes-01 seconds west 84-67/100 feet to a 5/8" capped iron set;
south 35 dcgrees-37 minutes-53 seconds west 71-?4/100 feet to a 5/8" capped iron set;
south 55 degrees-58_ rninutes-02 seconds east 180-86/1°00 feet to a 5/8" capped iron set;
sout11 35 degrees-47 minutes-46 seconds east 126-18/100 feet to a 5/8" capped iron set;
south 61 degrees-05 minutes-25 seconds east 191-39/100 feet to a 5/8" capped iron set;
sonth 59 degrees-32 minutes-36 seconds east 145-64/100 f'?et to a 5/8" capped iroD set;
south 59 deg:rees-32 minutes-59 seconds east l 61-55/100 feet to a 5/8" capped iron.set;
south 87 degrees-15 minutes-19 seconds east 3 7-13 /100 feet to a 5/8 ." capped iron set;
north 52 degrees-26 minutes-25 seconds east 39_-69/1-00 feet to a 5/8" capped iron set;
north 18 clegrees-52 minutes-06 seconds east 128-15/100 feet to a 5/8" capped iron set;
Ap1~l 24, 2004
Page 4 of 5
Field notes for :-( P .1-'\...~CEL Z )(continued)
ESTABLISHED 18<10
BROOKES BAKER
SURVEYORS
north 14 degrees-] 0 minutes-33 seconds west 125-65/l 00 feet to a 5/8" capped iron set;
north 45 degrees-32 minutcs-43 seconds east 91-27/100 feet to a 5/8" capped iron set;
nort..1-i 65 degrees-04 minu tes-4 5 seconds east 19 5-13/100 feet to a 5/8 " capped iron set;
south 82 degrees-18 minutes-51 seconds east 4-8-55/100 feet to a 5/8" cappeiiron set;
south 35 degrees-28 minutes-49 seconds east 124..:34/100 feet to a 5/8" cappe·d iron set;
south 53 degrees-40 i;nimites-29 seconds east 51-78/100 feet to a 5/8" capped iron set;
south 61 degrees-01 rninutes-40 seconds east 53-74/100 feet to a 5/8" capped iron set;
no!ih 63 degrees-08 minut~-33 seconds east 60-18/100 feet to a 5/8" capped i~on set;
south 77 degrees-26 minutes-55 seconds east 132-78/100 fed to a 5/8" capped iron set;
north 88 degrees-36 minutcs-33 seconds e2.St 61-59/100 feet to ·a 5/8" capped iron set;·
south 44 degrees-23 minutes-29 seconds east 102-51/100 feet to a 5/8" capped iron set;
soutb 52 degrees-49 minutes -45 seconds east 236-42/100 feet to a 5/8" capped iron set;
south 49 degrees-02 minutes-48 seconds east 78-58/100 feet to a 5/8" capped iron set;
south 23 degreGs-3 3 minutes-41 seconds east 66-08/100 feet to a 5/8" capped iron set;
south 14 degrees-11 mi:nutes-40 seconds east 52-42/100 feet to a 5/8" capped iron set;
south 58 degrees-44 mirrutes -40 seconds east 103-81/100 feet to a 5/8" capped iron set;
south 78 degrees-22 minutes-43 seconds cast 61-85/100 feet to a·S/8" capped iron set;
nor1h 62 degrees-39 minutes-20 seconds east 153-2?/l 00 feet to a 5/8" capped iron set;
north 62 degrees-39 minutes-06 seconds east 118-29/100 feet to a 5/8." capped iron set;
north 13 degrees-15 minutes-57 seconds east 154-72/100 feet to a 5/8" capped iron set; ·
north 72 degrees-52 minutes-21 seconds east 123-53/100 feet to a 5/8" capped iron set;
south 86 degrees-53 minutes-02 seconds east 55-28/100 feet to a 5/8". capped iron set;
south 86 degrees-57 minutes-47 seconds east 93-10/100 feet to a 5/8" capped iron set;
south 67 degrees-43 minutes-44 seconds east 78-27/100 feet to a 5/8" capped iron set;
south 85 degrees -14 minutes-14 seconds east 140-73/100 foet to a 5/8" capped iron set;
south 8 3 degrees-IO minutes-27 seconds east 13 8-77 /l 00 feet to a 5/8" capped iron se.t;
south 65 degrees-03 minutes-01 seconds east 89-01/100 .feet to a 5/8" capped iron set;
south 54 de1rrees-28 minutes-26 seconds east 56-57/100 feet to a 5/8" capped iron set;
south 36 degrecs-§1 minutes-13 seconds ea:st 26-95/100 feet to a 5/8" capped irnri set;
· south 38 degrces-37 minutes-06 seconds east 26-18/100 feet to ·a 5/8" capped iron set;
south 75 degrccs-58 minutes-19 seconds cast 30-97/100 feet to a 5/8" capped iron set;
north 60 degrees-45 minutes-09 seconds east 56-57/100 feet to a 5/-8" capped iron set;
south 83 degrees-34 mimites-59 ·secon_ds east 124-78/100 feet to a 5/8" capped iron set;
north 88 degrees-39 minutes-34 seconds east 184-85/100 feet io a·S/8"-capped iron set;
north -83 degrees -14 minu!es-34 seconds east 91-87 /l 00 .feet to a 5/8" capped iron set;
north 57 degrees-00 minutes-41 seconds east 85-60/100 feet to a 5/8" capped iron set;
north 58 degrees-36 minutes-31 s~conds e2st 95-77/100 feet to a 5/8" capped frori set;
south 89 degrees-50 minules -18 seconds east 131-65/100 feet to a 5/8" capped iron set;
• south .58 dc&>rces-09 minutes -47 seconds east 157-02/100 feet to a 5/8" capped iron set;
souch 31 deg,ees-52 minutes-30 seconds east 63-_11/100 feet to a 5/8" capped iron set;
.A.priJ 24, 2004
P,lgc 5 of 5
Field notes for:-( PARCEL 2 )(conti_TJ.ued)
ESTABLISHED 1860
BROOKES BAKER
SURVEYORS
south 7 6 degrees-41 minutes-00 sf:conds e2st 116-40/100 feet to the place of beginning
and containing l 122-139/1000 acres. ·
The· bc:i.sis for .beai.i11gs is true :north.
Surveyed on the ground April 2004.
BROOKES BAKER SURVEYORS
Don \V . Hickey
Exhibit B-1
Legal Description of Elizabeth Creek Tract
Exhibit B-1
THACT I:
lfoing a rracl or JJllrCl!I or land siru,Hcd in the JOSJ:·flJ;\ l(JNC SURVEY, i\BSTR1\CT NO . 712, Oe11to11 Cou11ry,
Texas, l)<:i11g p:1rt or 161.97 ai:rns conv<:y<:d by Ntv:id:1 Brower, a wiclow to Millon r'\. Atkinson 1111d wiJ'e, l-!el<:11 Cwe11
Atld11so11 n, rl·t:vrdcd in Vvlu111c 73'1, J>n~c 75<.f , Dc,;<:u Rci:ords, Dc:11to11 Counry, Tc:rns 1111tl b<:i11g 111on· pHrl'icull1rly
dcscribl:CI :1, J'ulluws :
COMM ENCi NG :11 the· Nonlic :1s1 <.:o!'llcr urs :1i(J 161.97 :i<.:rcs in rl1c ,;c.nter or St:Ht: 1-!igliwuy ·1 J<.f;
'J'l·lio:NCE So11rh 00 dcgn:t.;S ,15 ininufcs !14 se:conds \¥est, 50.00 f<:1:1 10 11 J/2 inch iron rot1 f'uuttll i111cJ lhi: poi111 ur
l)e:ginni11g, s :111'1L· llcittg in t ile S011111 right or"'")' line or Slatt J-lighwny No. 11 ,1 unc.J i11 lilt-Eust line of :111 uspl1aJ1 rnac.J;
Tl·!ENCE Sourh 00 cl1.:gn,1:s ,15 111i11utc,;s '14 seconds 'Nest, ;1 disr:111cc 01'2588 .75 J"c:ct with s11icJ gravel road to a 1/2 inch
iron rucl f'ouncl ror cun1<:r;
Co1llillllulio11 or S1,;h,.duh:; !\ GF No . 12 3915-ICJA
Tl·JI<:NCE Norrh 89 clegrces -t3 111inuce.s 12 seconds West, a disrnnc<.: or 1936 .57 f<.:cl p<1nially along che North right of
w,,y or ,1 gr:i ve l ro:1d to :i 3/8 inch iron rod f'ound for corni:r;
TH.ENCE North 00 d<.:grces 39 minutes 22 seconds East, n distance of735.40 feet co a post found for corn!.!r;
TH ENCE Sou ch 79 deg r ees 56 min u ccs 2 0 seconds West, a <1 ista nee of 941.47 feet to il I /2 inch iron rod sc1 for corner;
THENCE No,-th 00 degrees 25 minutes .:12 seconds Ellst, a distance of2061.J l feet (o a post found for corner in the
Sourh right of way line of State Highway No . I 14;
·rHENCE Sout h 88 degrees 56 minutes 45 seconds East, :1 dist,inee of:2.874 .63 feet a long Sllid South right of way line to
tile: Point of' Beginning and co n taining 6,875,822.13 squiirc fee:( 01 · 157.847 a cres of land, more or less.
S:\ \1£ AND EXCEPT a U.202 ,1cre tnH:t of land conveyed to Steve Babcock, by Special Warranty Deed dated
J?cbrm1 ry 22, 2007, filed June I 6, 2008, rceorded under I nstru men t No. 2008-65393 , of the Real Property Records of
l)c.:11ton County , Tc.::rns .
i"URTliER SA Vl~ r'\ND EXCEPT :~ 0 .202 :1crc tract o f land conveyed to Hen Burnside, by Speci a l Warranty Deed
dated March I, 2007, lilccl Junt: 16, 2008, recorc.lec.l under lnslrumen! No . 2008-6S394, of llie Re<ll Property R!.!cords or
De11r.on Count)', Tc:rns.
l•UH.TI ·I ER SA VE ;\NO EXCEPT a 0 .202 :1cre tracr or land conveyed lo El izaberh Garth, by Speciiil Wllrranty Deed
tl;-1lctl Mllrcli 20, 2007, filed June 16, 2008, rccordeu under lnstrurn e nt No. 2008-65395, of' (he Real Proptrly Records
or Denron County, Te:rns.
FURTH ER S,\ VE AN'D EXCI1:PT ,i 0.202 acre tract of land conveyed ro Mllry Reyes, by Specilll Warranty Deed
da t cd April I 2, 2007, lil<:d .Ju 11e I 6, 2008, recorded u 11<.ler I nstru rnenl No. 2008 -65397, or rhe Re,i I Pr·opcrty Records of
Dcn1on County, "f\:x:'1~.
FURTH ER SA VE AND L-.:XCEPT ii 9.2389 acre rract of land conveyed to the State ofTexlls, by Deed dated August 7,
2009, lilc.:d A ug.u s ! 20, 2009, recorded under Instrument No. 2009-J 00971, of the Real Prorerty Records of Denton
County, Texas.
f<"UHTHER SAVE r\ND EXCEPT a 0.:-120 acre truct of hin d conveyed to Denton County, Texas, by Spec ial Warranty
Deed d ,Hcd Septern ber 2, 2010, liled October 26, 2010; recorded u nd c:r J nsrru men t No. 20 I 0-107112, of the Real
Property R<.,cords or Denton County, Texas.
!<'UHTH gR SA VE AND EXCEPT a 0.202 acre tract of land conveyed to lssac Lemme, by Special Warranty Deed
<.la red May 25, 20 J I, fiJcd August 5, 2011, recorded under lnstrum cn t No . 7-01 l -73054, of the Real Property Records
ul' Denton County, Tc:xas.
TR,\CT 2:
HEINC i1 trnct or bind situated in the JOSHUA KING SURVEY, ABSTRACT NO . 712, Denton County, Texas, an<.!
being a [Mr( of a tnicl or I.Hid conveyed to Sharon Ann McCulloch-'rVells, .is recorded in Volume 4009, Page 240 of' the
Deed Records or Denton County, Tc:ois and .being mar(! pllrticularly described as follows :
COMMENCING al ch e Nort11ca s t corner 01',1 tract of land conveyed to Milton A. /\lldnson by deed recorded in
Vol um<: 73 :1, Page 754 o r rhl: Dcctf Records, Oen ton County, Texas ,incl b ei ng in the center of State: l:lighway 114,
Then cc South 00 t1cgrces 4 5 111in u [es 44 see on <.ls WcsL, s <.l isla nee of 2,638 .75 feet. Thence North 89 degrees 43 m inu 1es
t 2 .seconlls \'Vest, 11 (lisrnncc or 1,936.57 feer wan 3/8 inch iron rod found for corner, sai d point being cite Northerly
Sou thea s l c1J rn er or s ai d M cCu lloch-Wel Is tn>c[;
FUl{l\·I T~7: Cv111111il 111 l'lll fur 'l'ilh· Jn.s u r :\11 (."l·
Co111i11u.i1io11 urScl1r::tluk ;\ UJ' Nu. 123915-ICJ,\
TI-ll~NCE North 89 (lcgrees I I 111i111Hes 39 seconds West, along the Norchcrly South line of s,i id McCulloch tr.ict, a
distance 01"922.83 feet to :111 1/2 iron rod sct l'ur corner;
TH !~NCI~ North 00 (lcgrces 25 minutes 42 seconds East, a distance of 557.91 feet to an J/2 inch iron rod found for
<.:Orner;
THENCE North 79 tlcgrecx 56 rn in ulcs 20 seconds East, ,l distance of94l.47 feet to a f'cnce post for corner;
THENCE South 00 degrees 39 minutes :n seconds West, a distance of735.40 fr::et to the POINT OF' BEGINNING and
cont~1ining 13 ,7182 ,lcres or 597,563.3936 square feet of land .
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement
in the above leg a l description of the are,1 or quantity of land is not a repres<::ntation that such "1rea or qu"1ntity is
t.:orn:<.:l, l)ul is nlllde only for information and/or ident ification purposes and does no! override Item 2 ofSchcdulc.8
hcrcol'.
FOH.1\-I T-·1: (.;u111111111111.:11l fur Title l11 Slll":tllC'-'
Exhibit B-2
Legal Description of CTMGT Tract
Exhibit B -2
DON W. HICKEY, RPLS , LSLS
ALAN W. HICKEY, RPLS
GAREY W. GILLEY, RPLS, LSLS
CONSULTANT
January 10 , 2012
Page I of7
Field notes for:
ESTABLISHED 1880
BROOKES BAKER SURVEYORS
A PROFESSIONAL CORPORATION
TITLE AND TOPOGRAPHIC SURVEYING
930 Hickey Court
Granbury, Te xas 7600
817-279-0232
Fax 817-279 -9694
BROOKES BAKER (1902-1955)
JOHN F. BAKER (1924-1985)
S.J. BAKER (1927-1999)
FRED M. MORRIS (1936-1999)
Parts of the JOSHUA K.IN'G SURVEY, AbstraGt No . 712, the THOMAS PEOPLES SURVEY,
Abstract No. 677 and the WILLIAM WALLACE SURVEY, Abstract No. 1434 situated in Wise
and Denton Counties, Texas; embracing a portion of the I 302-325/1000 acres tract described in
the deed t9 Alpha Ranch, Ltd. recorded in volume 4645 , page 306 of the Real Records of Denton
County, T exas and a portion of the 15 acres tract described in the de ed to Alpha Ranch, Ltd.
recorded in volume 982 , p age 770 of the Official Records of Wis e County, Texas and described
by metes and bounds as follows:
The basis for bearings is the Texas Coordinate System North Central Zone NAD 83 ( 1993 ). The
lengths shown hereon are horizontal ground lengths . To convert horizontal ground lengths to grid
lengths multiply by 0.999834271. All 5/8" capped irons set called for in this descriptio n are
marked ( BROOKES BAKER SURVEYORS).
Commencing at a½". iron found for the northeast comer of said 1302-325/1000 acres tract and
for the northeast comer of the 7-4671/l 0000 acres tract described in the deed to the State of
Texas recorded in Document No. 2009-94264 of the said Real Records and run, along the.east
line of said 1302-325/1000 acres tract south 00 degrees-00 minutes-47 seconds west 1005-27/100
feet to a 5/8" capped iron set for the most easterly northeast and beginning comer of the tract
being described .
Thence south 00 degrees-00 minutes-4 7 seconds west, continuing along the east line of said
1302-325/1000 acres tract, 1061-43 /100 feet to a 5/8" capped iron recovered on the bank of a
creek.
Thence northwesterly, along the bank of said creek, the following:
north 77 degrees -17 :ininutes-05 seconds west 116 -40./100 feet to a 5/8 " capped iron
recovered;
north 32 degrees-28 minutes-35 seconds west 63 -11 /l 00 feet to a 5/8" capped iron
recovered;
north 58 degrees-45 rninutes-52 seconds west 157-02 .'lOO feet to a 5/8 " capped iron
recovered;_
south 89 degrees-33 minutes-37 seconds west 131-65 /100 feet to a 5/8" capped iron
recovered;
south 57 degrees-15 minutes-12 seconds west 181-36 /100 feet to a 5/8" capped iron
recovered;
-----·· ... -·-··------
January 10, 2012
Page 2 of 7
Field notes for:
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
south 82 degrees-38 minutes-29 seconds west 91-87 /100 feet to a 5/8" capped iron
. recovered;
south 88 degrees-03 minutes -29 seconds west 184-85 /100 feet to a 5/8" capped iron
recovered;
north 84 degrees-11 minutes-04 seconds west 124-78 /100 feet to a 5/8 11 capped iron
recovered;
south 60 degrees-09 rninutes-04 seconds west 56-57 /100 feet to a 5/8 11 capped iron
recovered;
north 76 degrees -34 minutes-24 seconds west 30-97 /100 feet to a 5/8" capped iron
recovered;
north 38 degrees-19 minutes-29 seconds west 53-12 /100 feet to a 5/8" capped iron
recovered;
north 55 degrees-04 minutes-31 seconds west 56-571100 feet to a 5/8" capped iron
recovered;
north 65 degrees-39 minutes-07 seconds west 89-01 /100 feet to a 5/8 11 capped iron
recovered;
north 83 degrees-46 minutes-32 seconds west 138-77 /IOO feet to a 5/8" capped iron
recovered;
north 85 degrees-SO minutes-20 seconds west 140-73 /100 feet to a 5/8" capped iron
recovered;
north 68 degrees-19 minutes-49 seconds west 78-27 /100 feet to a 5/8 11 capped iron
recovered;
north 87 degrees-33 minutes-52 seconds west 93-10 /100 feet to a 5/8 11 capped iron
recovered;
north 87 degrees-29 minutes-07 seconds west 55-28 /100 feet to a 5/8" capped iron
recovered;
south 72 degrees-16 minutes-16 seconds west 123-53 /100 feet to a 5/8 11 capped iron
recovered;
south 12 degrees-39 minutes-52 seconds west 154-72 /100 feet to a 5/8 11 capped iron
recovered;
south 62 degrees-03 minutes-00 seconds west 118-29 /100 feet to a 5/8 11 capped iron
recovered;
south 62 degrees-03 minutes-IS seconds west 1.53-28 /100 feet to a 5/8" capped iron
recovered ; ·
north 78 degrees-58 minutes-48 seconds west 61-85 /100 feet to a 5/8" capped iron
recovered;
north 59 degrees-20 minutes-46 seconds west 103-81 /100 feet to a 5/8" capped iron
recovered;
····---•··-·-------
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
January 10, 2012
Page 3 of7
Field notes for:
r ·--· ·-----...
north 14 degrees-47 minutes-46 seconds west 52-42 /100 feet to a 5/8" capped iron
recovered;
north 24 degrees-09 ininutes-46 seconds west 66-08 /100 feet to a 5/8" capped iron
recovered;
north 49 degrees-38 minutes-53 seconds west 78-58 /100 feet to a 5/8" capped iron
recovered;
north 53 degrees-25 minutes-SO seconds west 236-42 /100 feet to a 5/8" capped iron
recovered;
north 44 degrees-59 minutes-34 seconds west 102-51 /100 feet to a 5/8" capped iron
recovered;
south 88 degrees-00 minutes-28 seconds west 61-59 /100 feet to a 5/8" capped iron
recovered;
north 78 degrees-03 minutes-01 seconds west 132-78 /100 feet to a 5/8" capped iron
recovered;
south 62 degrees-32 minutes-28 seconds west 60-18 /100 feet to a 5/8" capped iron
recovered;
north 61 degrees-37 minutes-46 seconds west 53-74 /100 feet to a 5/8" capped iron
recovered;
north 54 degrees-16 minutes-34 seconds west 51-781100 feet to a 5/8" capped iron
recovered;
north 36 degrees-04 minutes-54 seconds west 124-34 /100 feet to a 5/8" capped iron
recovered;
north 82 degrees-54 minutes-56 seconds west 48-55 /100 feet to a 5/8" capped iron
recovered; .
south 64 degrees-28 minutes-40 seconds west 195-13 /100 feet to a 5/8" capped iron
recovered;
south 44 degrees-56 minutes-38 seconds west 91-27 /100 feet to a 5/8" capped iron
recovered;
south 14 degrees-46 minutes-38 seconds east 125-65 /100 feet to a 5/8" capped iron
recovered;
south 18 degrees-16 minutes-01 seconds west 128-15 /100 feet to a 5/8" capped iron
recovered;
south 51 degrees-SO minutes-20 seconds west 39-69 /100 feet to a 5/8" capped iron
recovered;
north 87 degrees-51 minutes-24 seconds west 37-13 /100 feet to a 5/8" capped iron
recovered;
north 60 degrees-08 minutes-53 seconds west 307-20 /100 feet to a 5/8" capped iron
recovered;
January 10, 2012
Page 4 of 7
Field notes for:
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
north 61 degrees-41 minutes-31 seconds west 191-39 /100 feet to a 5/8" capped iron
recovered; ·
north 36 degrees-23 minutes-52 seconds west 126-18 /100 feet to a 5/8" capped iron
recovered;
north 56 degrees-34 minutes-07 seconds west 180-86 /100 feet to a 5/8" capped iron
recovered;
north 3 5 degrees-01 minutes-48 seconds east 71-64 /100 feet to a 5/8" capped iron
recovered;
north 13 degrees-47 minutes-56 seconds east 84-67 /100 feet to a 5/8" capped iron
recovered;
north 16 degrees-31 minutes-3 5 seconds west 119-46 /100 feet to a 5/8" capped iron
recovered;
north 34 degrees-56 minutes-42 seconds west 168-71 /100 feet to a 5/8" capped iron
recovered;
north 56 degrees-21 minutes-14 seconds west 171-461100 feet to a 5/8" capped iron
recovered;
north 62 degrees-13 minutes-54 seconds west 182-24 /100 feet to a 5/8" capped iron
recovered;
north 51 degrees-40 minutes-08 seconds west 80-811100 feet to a 5/8" capped iron
recovered;
north 64 degrees-25 minutes-53 seconds west 138-15 /100 feet to a 5/8" capped iron
recovered;
north 88 degrees-57 minutes-53 seconds west 106-08 /100 feet to a 5/8" capped iron
recovered;
north 19 degrees-50 minutes-00 seconds west 86-111100 feet to a 5/8" capped iron
·recovered;
north 22 degrees-47 minutes-37 seconds west_l14-17 /100 feet to a 5/8" capped iron
recovered;
north 66 degrees-59 minutes-27 seconds west 57-25 /100 feet to a 5/8" capped iron
recovered;
south 77 degrees-45 minutes-30 seconds west 86-661100 feet to a 5/8" capped iron
recovered;
south .27 degrees-20 minutes-31 seconds west 104-93 /100 feet to a 5/8" capped iron
recovered;
south 53 degrees-31 minutes-04 seconds west 125-16 /100 feet to a 5/8" capped iron
recovered;
south 42 degrees-37 minutes-56 seconds west 53-92 /100 feet to a 5/8" capped iron
recovered;
-----·--·-----· ----------. ····--------·-· ···-·----
January 10, 2012
Page 5 of7
Field notes for: ( continued )
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
south 74 degrees-36 minutes-16 seconds west 79-11 /100 feet to a 5/8" capped iron
recovered;
north 85 degrees-06 minutes-36 seconds west 146-87 /100 feet to a 5/8" capped iron
recovered;
north 81 degrees-25 minutes-58 seconds west 62-39 /100 feet to a 5/8" capped iron
recovered;
north 49 degrees-43 minutes-28 seconds west 74-13 /100 feet to a 5/8" capped iron
recovered;
north 03 degrees-17 minutes-20 seconds west 94-66 /100 feet to a 5/8" capped iron
recovered;
north 29 degrees-14 minutes-4 3 seconds west 105 -31 /100 feet to a 5/8" capped iron
recovered;
north 47 degrees-59 minutes-08 seconds west 57-81 /100 feet to a 5/8" capped iron
recovered;
north 66 degrees-00 minutes-35 seconds west 68-47 /100 feet to a 5/8" capped iron
recovered;
north 13 degrees-38 minutes-37 seconds west 80-481100 feet to a 5/8" capped iron
recovered;
north 54 degrees-08 minutes-I I seconds east 95-611100 feet to a 5/8" capped iron
recovered;
north 21 degrees-18 minutes-20 seconds east 83-70 /100 feet to a 5/8" capped iron
recovered in a north line of said 1302-325/1000 acres tract and the south line of said 15
acres tract.
Thence north 89 degrees-55 minutes-17 seconds west, along a north line of said 1302~325/l 000
acres tract and the south line of said 15 acres tract, 639-88 /100 feet to a 5/8" capped iron
recovered for the southwest comer of said 15 acres tract.
Thence north 00 degrees-31 minutes-25 seconds east, along the west line of said 15 acres tract,
4 25-22 /100 feet to a 5/8" capped iron recovered for the southwest corner of the 3-662/1000 acres
tract described in the deed to the State of Texas recorded in volume 762, page 593 of the said
Real Records of Wise County, Texas.
, ..
---M., •• • "' • 0 ----•••• •••• -••-••-• --•--• -•-•••••• •-• • ----·--· --.......... --·
January 10, 2012
Page 6 of7
Field notes for: ( continued )
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
Thence northeasterly, along the south line of said 3-662/1000 acres tract, the following:
north 89 degrees-48 minutes-08 seconds east 427-53 /100 feet to a 5/8" capped iron
recovered;
north 63 degrees-14 minutes-14 seconds east 111-78 /100 feet to a 5/8 11 capped iron
recovered;
north 89 degrees-48 minutes-48 seconds east 520-15 /100 feet to a 5/8" iron found for the
northwest comer of the 3 0 feet by 60 feet save and except tract described in the deed to
Roy L. Ryan recorded in Document No. WD 278795 of the said Real Records Wise
County, Texas.
Thence south 00 degrees-IO minutes-11 seconds west, along the west line of said save and except
tract, 59-97 /100 feet to a 5/8 11 iron found.
Thence north 89 degrees-44 minutes-09 seconds east, along the south line of said save and except
tract, 3 0-00 /100 feet to a 5/8 11 iron found in the east line of said 15 acres tract.
Thence south 00 degrees-12 minutes-58 seconds west, along the east line of said 15 acres tract,
420-36 /100 feet to a 5/8 11 capped iron recovered for the southeast comer of said 15 acres tract in
a north line of said 1302-325/1000 acres tract.
Thence south 89 degrees-55 minutes-18 seconds east, along a north line of said 1302-325/1000
acres tract, 2661-82 /100 feet to a 5/8 11 capped iron recovered for a re-entrant corner of said 1302-
325/1000 acres tract.
Thence north 00 degrees-45 minutes-34 seconds east, along a west line of said 1302-325/1000
acres tract, 301-75 /100 feet to a 5/8" capped iron set for the southwest comer of the said 7-
4671/10000 acres tract at the beginning of a curve to the left having a radius of 5849-58/100 feet.
Thence southeasterly, along the south line of said 7-4671/10000 acres tract, the following:
along said curve to the left an arc length of 767-69/100 feet to a 5/8" aluminum capped
iron found at its end. The long chord of said 767-69/100 feet arc is south 85 degrees-42
minutes-53 seconds east 767-14/100 feet;
south 89 degrees-28 minutes-27 seconds east 1000-10/100 feet to a 5/8 11 capped iron set.
Thence south 00 degrees-00 minutes-47 seconds west 865-60 /100 feet to a 5/8" capped iron set.
January 10, 2012
Page 7 of7
Field notes for: ( continued )
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
Thence south 89 degrees-28 minutes-19 seconds east 650-00 /100 feet to the place of beginning
and containing 171-089/1000 acres of which 90-600/1000 acres lies within said Joshua King
Survey, 69-251/1000 acres lies within said Thomas Peoples Survey and 11-238/1000 acres lies
within said William Wilson Survey of said 171-089/1000 acres 143-005/1000 acres lies within
said Denton County and 28-084/1000 acres lies within said Wise County.
Surveyed on the ground December, 2011.
BROOKES BAKER SURVEYORS
UP/?w.~
Don W. Hickey
Exhibit B-3
Legal Description of Ryan Trust Tract
Part of the JOSHUA KING SURVEY, Abstract No. 712 situated in Denton County , Texas;
embracing a portion of the 1302-325/1000 acres tract described in the deed to Alpha Ranch, Ltd.
recorded in volume 4645, page 306 of the Real Records of Denton County, Texas and described
by metes and bounds as follows :
The basis for bearings is the Texas Coordinate System North Central Zone NAD 83 (1993). The
lengths shown hereon are horizontal ground lengths. To convert horizontal ground lengths to grid
lengths multiply by 0.999834271. All 5/8' capped irons set called for in this description are marked
(BROOKES BAKER SURVEYORS).
Commencing at a½" iron found for the northeast corner of said 1302-325/1000 acres tract and for
the northeast corner of the 7-4671/10000 acres tract described in the deed to the State of Texas
recorded in Document No. 2009-94264 of the said Real Records and run, along the east line of
said 1302-325/1000 acres tract south 00 degrees-00 minutes-47 seconds west 139-64/100 feet to a
5/8" capped iron set for the northeast and beginning corner of the tract being described.
Thence south 00 degrees-00 minutes-4 7 seconds west, continuing along the east line of said 1302-
325 /1000 acres tract, 1865-63 /100 feet to a 5/8" capped iron set.
Thence north 89 degrees-28 minutes-19 seconds west 650-00/100 feet to a 5/8" capped iron set.
Thence north 00 degrees-00 minutes-47 seconds east 865-60/100 feet to a 5/8" capped iron set in
the south line of said 7-4671 /10000 acres tract.
Thence south 89 degrees-28 minutes-27 seconds east, along the south line of said 7-4671/10000
acres tract, 650-00/100 feet to the place of beginning and containing 12-916/1000 acres.
Exhibit B-3 -Page Solo
Exhibit B-4
Legal Description of Additional Property
Tract One
Being a 267.266 acre tract ofland situated in the Smith County School Land Survey, Abstract No.
743, Wise County, Texas, being all of that certain called 261.000 acre tract ofland conveyed to
JLC Farm, LLC, of record in Document No. 2016-03051 Official Records, Wise County, Texas,
and being described in described in partition deed as First Tract to Billy Boyd Logan, and wife,
Jan Logan as (East 100 acres of Block 4 & 6) and Second Tract to C.E. Griffeth and wife, June
Larue Griffeth (West 134 acres of Block 4 and 6) ofrecord in Volume 223, Page 305 of the Deed
Records of Wise County, Texas , said subdivision of Smith County School Land Survey in record
in Volume P, Page 34 7 of the Deed Records of Wise County, Texas, and a portion of a 4 7 .5 acre
tract ofland out of Lot 5, Smith County School Land Survey, as described in deed to Scott Kelley,
recorded in Volume 243, Page 485, Deed Records, Wise County, Texas, also being a subdivision
of Smith County School Land Survey, Save and Except, Remainder of 5 acre (Parcel Two) Byron
Hatfield, Trustee, as described in Volume 412, Page 785, Deed record Wise County Texas and
Save and Except 14.923 acres , to the State of Texas, as described in Volume 657, Page 320, Deed
Records, Wise County Texas, and being more particularly described by mete and bounds and
follows:
BEGINNING at a 1/2-inch iron rod found in County Road 4840, the Southwest comer of said 47.5
acre tract, same being the southeast comer of a 62.43 acre tract of land conveyed to Roberta Ann
Remillard by deed of record in Volume 246, Page 431 of the Real Property Records of Wise
County, Texas, and being in the North line of that certain called 285 acre tract of land described
in the deed to BDay Limited Partnership, recorded in Document No. 201811091, Official Records,
Wise County , Texas, from which a 1/2-inch iron rod found for reference bears S89°05'42"W, a
distance of 344.48 feet;
THENCE along the west line of the 47.5 acre tract, same being the east line of the said 62.43 acre
tract the following three (3) courses and distances:
1. N00°0l '3 l "W (N00°38'22"E 1333.33'), with the west line of the 47.5 acre tract, same being
the east line a distance of 1332.56 feet to a 5/8-inch iron rod with plastic cap stamped "Landpoint"
set (herein referred to as capped iron rod set) for comer; ,
2. S89°59'40"E (S89°21'15"E 1328.74'), a distance of 1328.74 feet to a capped iron rod set
for a comer;
3. N00°25'20"W (N00°13'05"E 1340.82'), a distance of 1340.11 feet to a capped iron rod set
for the Southeast comer of that certain called 21.335 acre tract ofland being described in the Deed
to Mendez, LTD., recorded in Volume 1040, Page 536, DeedRecords, Wise County, Texas;
THENCE N00°22'38"W (S00°21'38"E), with the East line of said 21.335 acre tract of land, a
distance of282.40 feet to a capped iron rod set for the Southwest comer of that certain called 5.00
acre tract ofland described in the deed to Floyd Earl Gray and wife, Linda Griffeth Gray, recorded
in Volume 412, Page 785, Deed Records, Wise County, Texas;
THENCE N89°48'22"E (S89 °49'E), with the South line of said 5.00 acre tract of land, a distance
of 219 .11 feet to a capped iron rod set for the Southeast comer thereof;
Exhibit B-4 -Page 1
THENCE N00°22'38"W (North 855.27'), with the East line of said 5.00 acre tract of land, a
distance of 855.30 feet to a capped iron rod set in the South Right-of-Way Line of State Highway
114 for the Northwest comer of the herein described, said comer being at STA. 182+67.66' (per
C.S.J. R.O.W. Map C.S.J. 353-01-017), from which a iron rod found for the northwest comer of
the remainder of 5.00 acre tract bears, S89°48'22"W, a distance of 218 .80 feet;
THENCE with the South right-of-way line of said State Highway 114, the following five (5)
courses and distances:
1. N89°48'22"E (record -S89°39'0l"E), a distance of 1432.03 feet (record -1432.34 feet) to
a capped iron rod set for comer;
2. S59°13'48"E (record -S59°13'48"E), a distance of 116.62 feet (record -116.62 feet) to a
capped iron rod set for comer;
3. N89°48'22"E (record -S89°39'01 "E), a distance of 900.00 feet (record -900.00 feet) to a
capped iron rod set for comer;
4. N89°03'08"E (record -N89°03'08"E), a distance of 760.07 feet (record -760.07 feet) to a
3/4-inch iron rod with cap stamped TXDOT found for comer;
5. N89°48'22"E (record -S89°39'01"E), a distance of 580.45 feet (record -572.46 feet) to a
capped iron rod set for the northeast comer of said tract herein described, said comer being at ST A.
· 220+32.46 (per C.S.J. R.O.W. Map C .S.J. 353-01-017), from which a 5/8-inch iron rod found for
the northwest comer of that certain called 171.89 acre tract of land described in the deed to
CTMGT Alpha Ranch, LLC, recorded in Document No. 2012-9581, Official Records, Wise
County, Texas bears N88°57'33"E, a distance of34.14 feet;
THENCE S00°03 '49"E (S00°03 '46"E), with the west line of said 171.89 acre tract ofland and .with
a west line of that certain called 1122.139 acre tract ofland described in the deed to CTMGT Alpha
Ranch, LLC, recorded in Document No. 2012-9545, Official Records, Wise County, Texas, a
distance of 2416.66 feet to a capped iron rod set for a reentrant comer of said 1122.139 acre tract
of land and the most easterly Southeast comer of said tract herein described, same being the
southeast comer of Lot 4, Smith County School Lands Subdivision;
THENCE S89°22'30"W (N89°27'32"E 3744.75'), with the south line of the 266.254 acre tract,
same being the south line of the east 100 acre portion of Lots 4 & 6 and the north line of said
1122.139 acre tract of land; a distance of 3752.34 feet to a concrete monument found at the
northeast comer of the 47.5 acre tract, same being an angle point in the west line of the 1122.139
acre tract;
THENCE S00°03'24"W (N00°08'07"E 1320.58'), with the east line of the 47.5 acre tract, same
being the west line of said 1122.139 acre tract ofland a distance of 1321.28 feet to a point in said
County Road 4840 at the northeast comer of said 285 acre tract of land and the most southeast
comer of the 47.5 acre tract, from which a mag nail found for reference bears N88°47'38"E, a
distance of 3. 79 feet;
THENCE N89°48'30"W (S89°34'39"E 1555.66'), along the south line of the 47.5 acre tract, the
south line of Lot 5, Smith County School Lands Subdivision, the approximate centerline of County
Exhibit B-4 -Page 2
Road 4840 and with the north line of said 285 acre tract of land, a distance of 1551.71 feet to the
POINT OF BEGINNING and containing 267.266 acres ofland.
Tract Two
Being all that certain tract or p arcel ofland situated in the M.E.P . & P .R.R. Co. Survey, Abstract
No. 632 , Wise County, Texas , being all of that certain called 285 acre tract of land described in
the deed to BDAYT Limited Partnership, recorded in Document No. 201811091 , Official Records ,
Wise County, Texas and being more particularly described by mete and bounds and follows :
BEGINNING at the Southeast comer of the tract being described herein at a 3/8-inch iron rod
found in the West line of that certain called 1122.139 acre tract of land described in the deed to
CTMGT Alpha Ranch, LLC, recorded in Document No. 2012-9545, Official Records , Wise
County, Texas for the Northeast comer of that certain tract of land described in the deed to Ann
Lindsey ReMillard Draudt, recorded in Document No . 2008-19730 , Official Records , Wise
County, Texas and the Southeast comer of said 285 acre tract ofland, from which a 1/2-inch iron
rod found for the Southwest corner of said 1122.139 acre tract of land bears S00 °02'26"W, a
distance of 688 .16 feet;
THENCE S89 °46'09"W (West 3116.67'), with the North line of said Draudt tract ofland and the
South line of said 285 acre tract of land, a distance of 2840.97 feet to a 4-inch steel fence corner
post found for the Southeast comer of that certain tract of land described in the deed to Max
Lindsey Jr. and wife, Beverly Lindsey, recorded in Volume 1519 , Page 187 , Official Records,
Wise County, Texas and the Southwest comer of said tract herein described;
THENCE N00 °39'28"E (North 3983.33'), with the East line of said Lindsey tractofland, a distance
of 1985.74 feet to a 1/2-inch iron rod found for the Northeast corner thereof and the Southeast
comer of that certain called 59.73 acre tract of land described in the deed to Craig K . Lindsey ,
recorded in Volume 246, Page 427, Deed Records, Wise County, Texas;
THENCE N00 °35'47"E (North 3983.33'), with the East line of said 59.73 acre tract ofland, passing
at a distance of 1960.29 feet a 4-inch steel fence corner post found for reference and continuing on
said course for a total distance of 1977.58 feet to a point in County Road 4840 , in the South line
of that certain called 62.43 acre tract of land described in the deed to Wanda L. Foster, recorded
in Volume 246, Page 419, Real Records, Wise County, Texas for the Northwest comer of said
tract herein described, from which a RR spike found for reference bears N25 °26'36"W, a distance
of 2.21 feet;
THENCE S89 °40'20"E (East 3116.67'), along said County Road 4840 and with the South line of
said 62.43 acre tract of land~ a distance of 557 .81 feet to a Mag Nail found for comer;
THENCE N89 °05 '37"E (East 3116 .67'), continuing along said County Road 4840 and ,with the
South line of said 62.43 acre tract of land, a distance of 346.10 feet to a 1/2-inch iron rod found
for the Southeast corner thereof and the Southwest comer of that certain tract of land described in
Exhibit B-4 -Page 3
the deed to Roberta Ann ReMillard , recorded in Volume 246, Page 431, Real Records , Wise
County, Texas;
THENCE N89 °05'42"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said ReMillard tract of land, a distance of 344.48 feet to a 1/2-inch iron rod found
for the Southeast corner thereof and the Southwest comer of that certain called 261.000 acre tract
ofland described in the deed to JLC Farms, LLC, recorded in Document No . 201603051, Official
Records , Wise County, Texas;
THENCE S89 °48'30"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said 261.000 acre tract ofland, a distance of 1552.08 feet to in the West line of said
1122.13 9 acre tract of land for the most Southerly Southeast corner of said 261. 000 acre tract of
land and the Northeast corner of said tract herein described, from which a Mag Nail found for
reference bears N88 °47'38"E , a distance of 3.79 feet;
THENCE S00 °02'26"W (South 3983.33'), with the We st line of said 1122.139 acre tract of land ,
a distance of 3954.17 feet to the POINT OF BEGINNING and containing 256 .399 acres of land.
Exhibit B-4 -Page 4
Exhibit C-1
Development Plan for Additional Property
Exhibit C-1
IHHPELOTON ~· 11111 . L .Akl> SOLUTIOIU
DEVELOPMENT PLAN-ADDITIONAL PROPERTY
JULY 2022 t;RAPH/¢ SGALE
Exhibit D
Gas Wells on the Property and the Additional Property
Alpha Ranch Gas Well Exhibit
Exhibit D