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HomeMy WebLinkAboutContract 58865CSCO NO. 58865 TRANSPORTATION IMPACT FEE CREDIT AGREEMENT THIS TRANSPORTATION IMPACT FEE CREDIT AGREEMENT (the "Agreement") is made and entered into effective as of the Effective Date (as defined below), by and among THE CITY OF FORT WORTH, TEXAS (the "City"), a Texas home rule municipal corporation, and LGI Homes — Texas, LLC, a Texas limited liability company authorized to do business in Texas (the "Owner") (the City and the Owner a "Party", and collectively, the "Parties"). RECITALS WHEREAS, the Owner is the owner of approximately 392 acres in Tarrant County, Texas, as described by metes and bounds in Exhibit "A" (the "Property") located within the corporate boundaries of the City. A map of the Property showing its location is attached hereto as Exhibit "B"; and WHEREAS, the Owner desires to proceed with development of the Property as described or illustrated on the Development Plan, attached hereto as Exhibit "C" which identifies the on -site and/or off -site transportation facilities necessary for serving full development of the Property; and WHEREAS, the City has adopted a Transportation Impact Fee program pursuant to Texas Local Government Code Chapter 395, codified in City Code Chapter 30, Article VIII, et seq., as amended, under which impact fees are imposed on new development for impacts to the City's transportation facilities as a result of said development; and WHEREAS, transportation impact fees are collected and must be spent by the City on impact fee eligible transportation facilities identified within the City's adopted Transportation Improvements Plan ("TIP"), as amended, within the service area(s) in which the new development is located; and WHEREAS, the Impact Fee Program provides for credits against impact fees for dedication of right-of-way and/or construction of transportation improvements identified as impact fee eligible on the adopted TIP; and WHEREAS, the Property is located within service area S; and WHEREAS, the City has determined the maximum transportation impact fees to be assessed against new development within service area S to be $2,984 per service unit (vehicle -miles of demand); and WHEREAS, certain transportation facilities depicted on Exhibit "D" are identified as impact fee eligible within the City's adopted TIP and therefore eligible for impact fee credit; and WHEREAS, Owner has dedicated the right-of-way and constructed the transportation improvements shown on Exhibit "D" for which credits against transportation impact fees shall be granted; and WHEREAS, the Owner has received preliminary plat approval for Vista West II, PP-20-021 and OFFICIAL RECORD Transportation Impact Fee Credit Agreement — CA-21-008 CITY SECRETARY Page 1 of 31 Vista West II FT. WORTH, TX Updated 2/23/2021 W REAS, the Owner has dedicated 75,284 square feet of right-of-way for Westport HI Parkway with FP-21-074, recorded as Instrument D221300446, October 14, 2021; and WHEREAS, the Owner has received approval for construction plans (IPRC20-0109) and executed a Community Facilities Agreement (CFA20-0142), and obtained final acceptance by the City for Vista West II, City project number 102825. NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the Owner hereby covenant and agree as follows: 1. Recitals. The recitals contained in this Agreement are true and correct as of the Effective Date and form the basis upon which the Parties negotiated and entered into this Agreement. 2. Transportation Improvements. Owner dedicated the rights -of -way for and constructed the system facilities identified in Exhibit "D". For any transportation improvement which has been previously dedicated or constructed by Owner on the Property and accepted by the City prior to execution of this Agreement, the improvement shall be identified as completed on Exhibit "D". 3. Credits. The Parties agree that the estimated value of the credits for each transportation improvement, expressed in current dollars, shall be as set forth in Exhibit "E". The value of credits associated with the improvements first shall be reduced by the Schedule 2 impact fee associated with any lot for which a building permit has previously been issued, and the net value of credits shown on Exhibit "E" shall be considered as exact. 4. Phasing. The Parties acknowledge that, where it is anticipated that the project will be developed in phases, the anticipated construction of improvements by phase shall be as depicted in Exhibit "D", which is attached hereto and incorporated herein by reference. 5. Allocation of Credits by Phase. The general allocation of credits to each phase of the development shall be as shown on Exhibit "F", which is attached hereto and incorporated herein by reference. The Parties agree that the credits identified in this Agreement shall not be deemed to have been created until the system facility for which credit is to be granted has been dedicated and accepted (in the case of right-of-way) or constructed through an executed Community Facilities Agreement and final acceptance by the City has been obtained. The Parties further agree that, prior to the application of a credit against transportation impact fees otherwise due for any unit of development; the following events shall take place: (a) The number of credits resulting from such improvement has been valued; and (b) Concurrent with final plat approval, a credit allocation shall be provided by the developer for the phase of development to which the credit is to be applied, which allocation may either assign the credit, expressed in dollars, to each finally platted lot or may create a credit -pool to be utilized by that phase of development. 6. Term and Effective Date. The term of this Agreement shall be ten (10) years from its Effective Date. Transportation Impact Fee Credit Agreement - CA-21-008 Page 2 of 31 Vista West II Updated 2/23/2021 7. Assignment. Owner shall have the right to assign this Agreement to any person or entity ("Owner's Assignee") with the written consent of the City, provided: (a) the assignment is in writing executed by the Owner and its assignee; and (b) the assignment incorporates this Agreement by reference and binds the Owner's Assignee to perform (to the extent of the obligations assigned) in accordance with this Agreement. Each Owner's Assignee shall become a Party to this Agreement upon the execution of such assignment. In no event may this Agreement be construed to authorize assignment of any credits attributable to a system facility to be dedicated or constructed hereunder for use outside the boundaries of the Property. Amendment. This Agreement shall not be modified or amended except as follows: (a) Any amendment or modification to this Agreement or any Exhibit or schedule hereto shall be in writing and signed by the Parties. (b) Any revision, amendment, or modification to this Agreement, the Development Plan, or any Exhibit or schedule thereto, shall become effective on the date executed by the Parties or, as applicable, upon the date of approval by the City Council or designated city official. 9. Exhibits. The exhibits attached to this Agreement are incorporated as part of this Agreement for all purposes as if set forth in full in the body of this Agreement. (Remainder of Page Intentionally Left Blank) Transportation Impact Fee Credit Agreement - CA-21-008 Page 3 of 31 Vista West II Updated 2/23/2021 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement to be effective as of the date subscribed by the City's Assistant City Manager. CITY OF FORT WORTH, TEXAS DArrg BU(ghdoAc Dana Burghdoff Keb 14, 2023 09:59 CST) Dana Burghdoff Assistant City Manager Date: Feb 14, 2023 Recommended By: DJ Harrell (Feb 10, 2023 13:16 CST) DJ Harrell Director, Development Services Approved as to Form and Legality: pjase� DBlack (Feb 13, 2023 21:01 CST) Douglas Black Assistant City Attorney M&C: None required Form 1295: None required 4.p444pn�� ATTEST: AyppF Fo Rraa -o oo Pv000 =d aaa,� o oo*mod as 00000000 d an nexp5app Jannette Goodall City Secretary OWNER LGI Homes — Texas, LLC a Texas Limited liability company Elaine Torres Officer City Contract Compliance Manager: 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. J fifer Rob is (Jan 3, 202318:17 CST) Jennifer H. Roberts Assistant Director, Development Coordination Development Services Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Transportation Impact Fee Credit Agreement - CA-21-008 Page 4 of 31 Vista West II Updated 2/23/2021 EXHIBIT LIST "A" Description of the Property "B" Map of Property "C" Development Plan "D" Eligible Transportation Improvements "E" Credits Against Transportation Impact Fees "F" Allocation of Credits Transportation Impact Fee Credit Agreement - CA-21-008 Page 5 of 31 Vista West II Updated 2/23/2021 EXHIBIT A Description of Property (216 AC TITLE SURVEY) TRACT A METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and being all of Tracts IV and XV as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; BEGINNING at a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southwest corner of said Tract IV from which a found 5/8" iron rod with cap stamped "GORRONDONA & ASSOCIATES INC." (controlling monument) bears S 89°47'33" W, a distance of 1,299.70 feet for the southwest corner of a variable width right-of-way dedication as shown on final plat of Lot 1, Block 1, Northwest Water Treatment Plant Addition, an addition to Tarrant County, Texas recorded in Cabinet A, Slide 12060 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), same point being on the north right-of-way line of Old Weatherford Road (a variable width right-of-way - no deed of record found) and being on the south line of Tract A as described in a General Warranty Deed to Vernon Investment Corporation, N.V. recorded in Volume 6342, Page 749 (D.R.T.C.T.); THENCE: Departing the north right-of-way line of said Old Weatherford Road, N 001 15'19" W, along the west line of said Tract IV and the remaining tract of said Tract A, passing at a distance of 500.48 feet the southeast corner of a 40-foot right-of-way dedication as shown on said final plat of Lot 1, Block 1, Northwest Water Treatment Plant Addition, passing at a distance of 1,351.12 feet the northeast corner of said 40-foot right-of-way dedication of said final plat of Lot 1, Block 1, Northwest Water Treatment Plant Addition, and being on the east line of a called 567.553 acre tract of land as described in a Special Warranty Deed to BOA Sorte Limited Partnership, et al. recorded in Instrument Number D204343515 (D.R.T.C.T.) and as described in a Special Warranty Deed to The Cowley Family Foundation, et al. recorded in Instrument Number D218206451 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), in all, a total distance of 1,565.00 feet to a found 100d steel spike nail (controlling monument) for the northwest Transportation Impact Fee Credit Agreement — Page 6 of CA-21-008 31 corner of said Tract IV; THENCE: N 89°43'59" E, along the north line of said Tract IV and the remaining tract of Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 (D.R.T.C.T.), a distance of 571.21 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" for the northeast corner of said Tract IV, from which a found 1/2" iron rod with red cap (controlling monument) bears N 89°43'59" E, a distance of 30.00 feet and being on the west line of the remainder of Tract X as described in said Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P.; THENCE: Along the east line of said Tract IV and the remaining tract of said Tract IIA, for the following bearings and distances; S 00°43'10" E, a distance of 1,515.10 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" for a re-entrant corner of said Tract IV; N 89°44'17" E, passing at a distance of 30.00 feet an angle point on said east line of said Tract IV and the northwest corner of said Tract XV, in all, a total distance of 531.11 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the northeast corner of said Tract XV; S 00°15'43" E, a distance of 50.00 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract XV, same point being on the north right-of-way line of said Old Weatherford Road; THENCE: S 89'44' 17" W, along the north right-of-way line of said Old Weatherford Road and the south line of said Tract XV, passing at a distance of 500.71 feet the southwest corner of said Tract XV and the southeast corner of said Tract IV, in all, a total distance of 1,114.60 feet to the POINT OF BEGINNING, and CONTAINING 21.36 Acres or 930,426 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-02 by Pape Dawson Engineers, Inc. TRACT B METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and being all of Tracts I, III, XIII and IX as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; Transportation Impact Fee Credit Agreement — Page 7 of CA-21-008 31 BEGINNING at a found 1" iron rod (controlling monument) at the northwest corner of said Tract I and the northeast corner of a called 10.009 acre tract of land as described in a General Warranty Deed to BOA Sorte Limited Partnership et al. recorded in Instrument Number D206280509 (D.R.T.C.T.), same point also being on the south line of Tract II as described in a Special Warranty Deed to Windridge A2A Developments, LLC recorded in Instrument Number D212232276 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.); THENCE: N 89°29'01" E, along the north line of said Tract I and the south line of said Tract II, a distance of 543.29 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the northeast corner of said Tract I, from which a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" bears N 89°29'01" E, a distance of 30.00 feet at the north most northwest corner of Tract B as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 (O.P.R.T.C.T.); THENCE: S 00'43' 10" E, along the east line of said Tract I and the remaining tract of Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 (D.R.T.C.T.), passing at a distance of 326.78 feet the southeast corner of said Tract I and the northeast corner of said Tract XIII, passing at a distance of 453.05 feet the southeast corner of said Tract XIII and the northeast corner of said Tract III, passing at a distance of 1,480.51feet the southeast corner of said Tract III and the northeast corner of said Tract IX, in all, a total distance of 3,056.34 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract IX, from which a found 1/2" iron rod (controlling monument) bears N 89°43'59" E, a distance of 30.00 feet and being on the west line of the remainder of Tract X as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 (D.R.T.C.T.); THENCE: S 89°43'59" W, along the south line of said Tract IX and along the remaining tract of said Tract IIA, a distance of 568.05 feet to a found 100d steel spike nail (controlling monument) for the southwest corner of said Tract IX, said point being on the east line of a called 567.553 acre tract of land described in a Special Warranty Deed to BOA Sorte Limited Partnership, et al. recorded in Instrument Number D204343515 (D.R.T.C.T.) and as described in a Special Warranty Deed to The Cowley Family Foundation, et al. recorded in Instrument Number D218206451 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.); THENCE: N 00° 15' 19" W, along the west line of said Tract IX and the east line of said called 567.553 acre tract, passing at a distance of 800.69 feet a re-entrant corner of said called 567.553 acre tract, passing at a distance of 1,460.68 feet a re-entrant corner of said called 567.553 acre tract, passing at a distance of 1,571.61 feet the northwest corner of said Tract IX and the southwest corner of said Tract III, passing at a distance of 2,550.90 feet a re-entrant corner of said called 567.553 acre tract and the southeast corner of said called 10.009 acre tract, passing at a distance of 2,776.77 feet the northwest corner of said Tract III and the southwest corner of said Tract XIII, passing at a distance of 2,902.73 feet the northwest corner of said Tract XIII and the southwest corner of said Tract I, in all, a total distance of 3,053.88 feet to the POINT OF Transportation Impact Fee Credit Agreement — Page 8 of CA-21-008 31 BEGINNING, and CONTAINING 38.97 Acres or 1,697,621 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-00 by Pape Dawson Engineers, Inc. TRACT C METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and the remainder of Tracts VII and X as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the north most northwest corner of Tract B as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.) and being on the north line of Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), same point being on the south line of Tract II as described in a Special Warranty Deed to Windridge A2A Developments, LLC recorded in Instrument Number D212232276 (O.P.R.T.C.T.), from which a found 1" iron rod (controlling monument) bears S 89°29'01" W, a distance of 573.29 feet at the northwest corner of Tract I as described in said Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. and at the northeast corner of a 10.009 acre tract of land as described in a General Warranty Deed to BOA Sorte Limited Partnership, et al. recorded in Instrument Number D206280509(D.R.T.C.T.) THENCE: Departing the north line of said Tract IIA and the south line of said Tract II, S 00'43' 10" E, along the northwesterly line of said Tract B and the remaining tract of Tract IIA, a distance of 462.73 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" on the west line of said Tract X and at the POINT OF BEGINNING; THENCE: Departing the west line of said Tract X, S 72°39'38" E, over and across, said Tract X and along the westerly line of said Tract B, a distance of 52.59 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" on the east line of said Tract X, same point being the northwest corner of a called 26.513 acre tract of land as described in a Special Warranty Deed to White Settlement Independent School District, recorded in Instrument Number D206230768 (D.R.T.C.T.); THENCE: S 00°43'10" E, along the east line of said Tract X and the west line of said called 26.513 acre tract, a distance of 1,001.89 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the northwest corner of said Tract VII and the southwest corner Transportation Impact Fee Credit Agreement — Page 9 of CA-21-008 31 of said called 26.513 acre tract; THENCE: N 89°18'01" E, along the north line of said Tract VII and the south line of said called 26.513 acre tract, a distance of 1,362.68 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at an angle point on the westerly line of said Tact B; THENCE: Departing the south line of said called 26.513 acre tract and along the westerly line of said Tract B and the remaining tract of said Tract VII, for the following bearings and distances; S 009 V15" E, a distance of 1,200.06 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; N 90°00'00" E, a distance of 200.00 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 05°36'32" E, a distance of 560.81 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; THENCE: Departing the westerly line of said Tract B, and along the remaining tract of said Tract VII and the remaining tract of said Tract IIA, for the following bearings and distances; S 89°17'35" W, a distance of 390.46 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 00°42'25" E, a distance of 390.46 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 12°30'13" E, a distance of 1,364.93 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 38°32'15" W, a distance of 31.48 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 89°38'54" W, a distance of 398.54 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 89°44'17" W, a distance of 555.78 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; Transportation Impact Fee Credit Agreement — Page 10 CA-21-008 of 31 N 45° 15'44" W, a distance of 70.71 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 89'44' 17" W, passing at a distance of 463.72 feet the most westerly southwest corner of said Tract VII and the southeast corner of said Tract X, in all, a total distance of 513.72 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southwest corner of said Tract X; THENCE: N 00'43' 10" W, along the west line said Tract X and the remaining tract of said Tract IIA, passing at a distance of 1,485.10 feet a found 1/2" iron rod with red cap (controlling monument) and passing at a distance of 1,875.62 feet a found 1/2" iron rod (controlling monument), in all, a total distance of 4,469.36 feet to the POINT OF BEGINNING, and CONTAINING 115.1 Acres or 5,012,826 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-02 by Pape Dawson Engineers, Inc. TRACT D METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and the remainder of Tracts VII and XII as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and being more particularly described by metes and bounds as follows; BEGINNING at a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the south most southeast corner of Tract B as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), same point being on the southerly line of said Tract VII; THENCE: Departing the southerly line of said Tract VII, N 00°00'00" E, along the easterly line of said Tract B and the remaining tract of said Tract VII, distance of 874.89 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at a re-entrant corner of said Tract B; THENCE: N 90°00'00" E, along the southerly line of said Tract B and the remaining tract of said Tract VII, passing at a distance of 895.06 feet the easterly line of said Tract VII and the westerly line of said Tract XII, in all, a total distance of 992.11 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the east most southeast corner of said Tract B, Transportation Impact Fee Credit Agreement — Page 11 CA-21-008 of 31 same point being on the easterly line of said Tract XII and a tract of land as described in a Warranty Deed to Texas Electric Service Company, recorded in Volume 8736, Page 1787 (D.R.T.C.T.); THENCE: S 22°24'44" E, along the easterly line of said Tract XII and the westerly line of said Texas Electric Service Company tract, a distance of 718.12 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; THENCE: S 00' 19'47" W, continuing along the easterly line of said Tract XII and the westerly line of said Texas Electric Service Company tract, a distance of 216.60 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract XII; THENCE: Departing the westerly line of said Texas Electric Service Company tract, N 89°44'50" W, along the southerly line of said Tract XII and the remaining tract of said Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 (D.R.T.C.T.), passing at a distance of 89.28 feet the southwest corner of said Tract XII, in all, a total distance of 1,264.68 feet to the POINT OF BEGINNING, and CONTAINING 23.42 Acres or 1,020,050 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-01 by Pape Dawson Engineers, Inc. TRACT E METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and the remainder of Tract VIII as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and also the remainder of Tract VIII as described in a Quit Claim Deed to FW Vista West II, L.P. recorded in D206035756 (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found 5/8" iron rod (controlling monument) at an angle point on the northerly right- of -way line of Old Weatherford Road (a variable width right-of-way - no deed of record found), same point being the east most southeast corner of the remainder of Tract IIB as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 (D.R.T.C.T.); THENCE: N 00° 16'02"E, along the northerly right-of-way line of said Old Weatherford Road and the east most easterly line of said Tract IIB, passing at a distance of 10.00 feet a found 5/8" iron rod (controlling monument) at a re-entrant corner on the northerly right-of-way of said Transportation Impact Fee Credit Agreement — Page 12 CA-21-008 of 31 Old Weatherford Road and being the southwest corner of Lot 17, Block 22 of Vista West, Blocks 7, 13, 19, through 22, an addition to the City of Fort Worth, Tarrant County, Texas recorded in Cabinet A, Slide 10883 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), passing at a distance of 25.00 feet a found 5/8" iron rod with cap (controlling monument) at the common west corner of said Lot 17 and Lot 16, Block 22 of said Vista West addition, in all, a total distance of 30.00 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract VIII and at the POINT OF BEGINNING; THENCE: Departing the westerly line of said Vista West addition, N 89°44'50" W, along the southerly line of said Tract VIII and the remaining tract of said Tract IIB, a distance of 709.29 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; THENCE: Along the westerly line of said Tract VIII and along the remaining tract of said Tract IIB, for the following the bearings and distances; N 44°44' 10" W, a distance of 35.74 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; N 00°19'47" E, a distance of 212.30 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; N 22°24'44" W, a distance of 695.94 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the south most southwest corner of Tract A as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.); THENCE: Departing the westerly line of said Tract VIII, N 90°00'00" E, along the southerly line of said Tract A and the remaining tract of said Tract VIII, a distance of 1,065.42 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the south most southeast corner of said Tract A, same point being on the easterly line of said Tract VIII, the westerly line of said Vista West addition and being the beginning of a non -tangent curve to the left; THENCE: Along the easterly line of said Tract VIII and the westerly line of said Vista West addition, for the following bearings and distances; Along said non -tangent curve to the left, having a radius of 3,163.80 feet, a central angle of 12°50'07", a chord bearing and distance of S 05°2F23" W - 707.27 feet, with an arc length of 708.75 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 00° 19'02" W, a distance of 180.00 feet to the POINT OF BEGINNING, and CONTAINING 17.15 Acres or 746,872 Square Feet of land more or less, and being described in Transportation Impact Fee Credit Agreement — Page 13 CA-21-008 of 31 accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-02 by Pape Dawson Engineers, Inc. (175 ACRE TITLE SURVEY) TRACT A METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and being all of Tracts IV and XV as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; BEGINNING at a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southwest corner of said Tract IV from which a found 5/8" iron rod with cap stamped "GORRONDONA & ASSOCIATES INC." (controlling monument) bears S 89°47'33" W, a distance of 1,299.70 feet for the southwest corner of a variable width right-of-way dedication as shown on final plat of Lot 1, Block 1, Northwest Water Treatment Plant Addition, an addition to Tarrant County, Texas recorded in Cabinet A, Slide 12060 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), same point being on the north right-of-way line of Old Weatherford Road (a variable width right-of-way - no deed of record found) and being on the south line of Tract A as described in a General Warranty Deed to Vernon Investment Corporation, N.V. recorded in Volume 6342, Page 749 (D.R.T.C.T.); THENCE: Departing the north right-of-way line of said Old Weatherford Road, N 00' 15' 19" W, along the west line of said Tract IV and the remaining tract of said Tract A, passing at a distance of 500.48 feet the southeast corner of a 40-foot right-of-way dedication as shown on said final plat of Lot 1, Block 1, Northwest Water Treatment Plant Addition, passing at a distance of 1,351.12 feet the northeast corner of said 40-foot right-of-way dedication of said final plat of Lot 1, Block 1, Northwest Water Treatment Plant Addition, and being on the east line of a called 567.553 acre tract of land as described in a Special Warranty Deed to BOA Sorte Limited Partnership, et al. recorded in Instrument Number D204343515 (D.R.T.C.T.) and as described in a Special Warranty Deed to The Cowley Family Foundation, et al. recorded in Instrument Number D218206451 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), in all, a total distance of 1,565.00 feet to a found 100d steel spike nail (controlling monument) for the northwest corner of said Tract IV; THENCE: N 89°43'59" E, along the north line of said Tract IV and the remaining tract of Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded Transportation Impact Fee Credit Agreement — Page 14 CA-21-008 of 31 in Volume 11029, Page 1159 (D.R.T.C.T.), a distance of 571.21 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" for the northeast corner of said Tract IV, from which a found 1/2" iron rod with red cap (controlling monument) bears N 89°43'59" E, a distance of 30.00 feet and being on the west line of the remainder of Tract X as described in said Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P.; THENCE: Along the east line of said Tract IV and the remaining tract of said Tract IIA, for the following bearings and distances; S 00°43'10" E, a distance of 1,515.10 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" for a re-entrant corner of said Tract IV; N 89°44'17" E, passing at a distance of 30.00 feet an angle point on said east line of said Tract IV and the northwest corner of said Tract XV, in all, a total distance of 531.11 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the northeast corner of said Tract XV; S 00°15'43" E, a distance of 50.00 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract XV, same point being on the north right-of-way line of said Old Weatherford Road; THENCE: S 89'44' 17" W, along the north right-of-way line of said Old Weatherford Road and the south line of said Tract XV, passing at a distance of 500.71 feet the southwest corner of said Tract XV and the southeast corner of said Tract IV, in all, a total distance of 1,114.60 feet to the POINT OF BEGINNING, and CONTAINING 21.36 Acres or 930,426 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-02 by Pape Dawson Engineers, Inc. TRACT B METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and being all of Tracts I, III, XIII and IX as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; BEGINNING at a found 1" iron rod (controlling monument) at the northwest corner of said Tract I and the northeast corner of a called 10.009 acre tract of land as described in a General Warranty Deed to BOA Sorte Limited Partnership et al. recorded in Instrument Number Transportation Impact Fee Credit Agreement — Page 15 CA-21-008 of 31 D206280509 (D.R.T.C.T.), same point also being on the south line of Tract II as described in a Special Warranty Deed to Windridge A2A Developments, LLC recorded in Instrument Number D212232276 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.); THENCE: N 89°29'01" E, along the north line of said Tract I and the south line of said Tract II, a distance of 543.29 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the northeast corner of said Tract I, from which a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" bears N 89°29'01" E, a distance of 30.00 feet at the north most northwest corner of Tract B as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 (O.P.R.T.C.T.); THENCE: S 00'43' 10" E, along the east line of said Tract I and the remaining tract of Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 (D.R.T.C.T.), passing at a distance of 326.78 feet the southeast corner of said Tract I and the northeast corner of said Tract XIII, passing at a distance of 453.05 feet the southeast corner of said Tract XIII and the northeast corner of said Tract III, passing at a distance of 1,480.51feet the southeast corner of said Tract III and the northeast corner of said Tract IX, in all, a total distance of 3,056.34 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract IX, from which a found 1/2" iron rod (controlling monument) bears N 89°43'59" E, a distance of 30.00 feet and being on the west line of the remainder of Tract X as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 (D.R.T.C.T.); THENCE: S 89°43'59" W, along the south line of said Tract IX and along the remaining tract of said Tract IIA, a distance of 568.05 feet to a found 100d steel spike nail (controlling monument) for the southwest corner of said Tract IX, said point being on the east line of a called 567.553 acre tract of land described in a Special Warranty Deed to BOA Sorte Limited Partnership, et al. recorded in Instrument Number D204343515 (D.R.T.C.T.) and as described in a Special Warranty Deed to The Cowley Family Foundation, et al. recorded in Instrument Number D218206451 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.); THENCE: N 00° 15' 19" W, along the west line of said Tract IX and the east line of said called 567.553 acre tract, passing at a distance of 800.69 feet a re-entrant corner of said called 567.553 acre tract, passing at a distance of 1,460.68 feet a re-entrant corner of said called 567.553 acre tract, passing at a distance of 1,571.61 feet the northwest corner of said Tract IX and the southwest corner of said Tract III, passing at a distance of 2,550.90 feet a re-entrant corner of said called 567.553 acre tract and the southeast corner of said called 10.009 acre tract, passing at a distance of 2,776.77 feet the northwest corner of said Tract III and the southwest corner of said Tract XIII, passing at a distance of 2,902.73 feet the northwest corner of said Tract XIII and the southwest corner of said Tract I, in all, a total distance of 3,053.88 feet to the POINT OF BEGINNING, and CONTAINING 38.97 Acres or 1,697,621 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-00 by Pape Dawson Engineers, Inc. Transportation Impact Fee Credit Agreement — Page 16 CA-21-008 of 31 TRACT C METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and the remainder of Tracts VII and X as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the north most northwest corner of Tract B as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.) and being on the north line of Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), same point being on the south line of Tract II as described in a Special Warranty Deed to Windridge A2A Developments, LLC recorded in Instrument Number D212232276 (O.P.R.T.C.T.), from which a found 1" iron rod (controlling monument) bears S 89°29'01" W, a distance of 573.29 feet at the northwest corner of Tract I as described in said Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. and at the northeast corner of a 10.009 acre tract of land as described in a General Warranty Deed to BOA Sorte Limited Partnership, et al. recorded in Instrument Number D206280509(D.R.T.C.T.) THENCE: Departing the north line of said Tract IIA and the south line of said Tract II, S 00'43' 10" E, along the northwesterly line of said Tract B and the remaining tract of Tract IIA, a distance of 462.73 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" on the west line of said Tract X and at the POINT OF BEGINNING; THENCE: Departing the west line of said Tract X, S 72°39'38" E, over and across, said Tract X and along the westerly line of said Tract B, a distance of 52.59 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" on the east line of said Tract X, same point being the northwest corner of a called 26.513 acre tract of land as described in a Special Warranty Deed to White Settlement Independent School District, recorded in Instrument Number D206230768 (D.R.T.C.T.); THENCE: S 00°43'10" E, along the east line of said Tract X and the west line of said called 26.513 acre tract, a distance of 1,001.89 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the northwest corner of said Tract VII and the southwest corner of said called 26.513 acre tract; THENCE: N 8998'01" E, along the north line of said Tract VII and the south line of said called 26.513 acre tract, a distance of 1,362.68 feet to a found 1/2" iron rod with yellow plastic Transportation Impact Fee Credit Agreement — Page 17 CA-21-008 of 31 cap stamped "PAPE DAWSON" at an angle point on the westerly line of said Tact B; THENCE: Departing the south line of said called 26.513 acre tract and along the westerly line of said Tract B and the remaining tract of said Tract VII, for the following bearings and distances; S 009 I'l5" E, a distance of 1,200.06 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; N 90°00'00" E, a distance of 200.00 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 05°36'32" E, a distance of 560.81 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; THENCE: Departing the westerly line of said Tract B, and along the remaining tract of said Tract VII and the remaining tract of said Tract IIA, for the following bearings and distances; S 89°17'35" W, a distance of 390.46 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 00°42'25" E, a distance of 390.46 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 12°30'13" E, a distance of 1,364.93 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 38°32' 15" W, a distance of 31.48 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 89°38'54" W, a distance of 398.54 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; S 89°44'17" W, a distance of 555.78 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; N 45' 15'44" W, a distance of 70.71 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; Transportation Impact Fee Credit Agreement — Page 18 CA-21-008 of 31 S 89'44' 17" W, passing at a distance of 463.72 feet the most westerly southwest corner of said Tract VII and the southeast corner of said Tract X, in all, a total distance of 513.72 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southwest corner of said Tract X; THENCE: N 00'43' 10" W, along the west line said Tract X and the remaining tract of said Tract IIA, passing at a distance of 1,485.10 feet a found 1/2" iron rod with red cap (controlling monument) and passing at a distance of 1,875.62 feet a found 1/2" iron rod (controlling monument), in all, a total distance of 4,469.36 feet to the POINT OF BEGINNING, and CONTAINING 115.1 Acres or 5,012,826 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-02 by Pape Dawson Engineers, Inc. TRACT D METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and the remainder of Tracts VII and XII as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and being more particularly described by metes and bounds as follows; BEGINNING at a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the south most southeast corner of Tract B as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), same point being on the southerly line of said Tract VII; THENCE: Departing the southerly line of said Tract VII, N 00°00'00" E, along the easterly line of said Tract B and the remaining tract of said Tract VII, distance of 874.89 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at a re-entrant corner of said Tract B; THENCE: N 90°00'00" E, along the southerly line of said Tract B and the remaining tract of said Tract VII, passing at a distance of 895.06 feet the easterly line of said Tract VII and the westerly line of said Tract XII, in all, a total distance of 992.11 feet to a found 1/2" iron rod with yellow plastic cap stamped Transportation Impact Fee Credit Agreement — Page 19 CA-21-008 of 31 "PAPE DAWSON" at the east most southeast corner of said Tract B, same point being on the easterly line of said Tract XII and a tract of land as described in a Warranty Deed to Texas Electric Service Company, recorded in Volume 8736, Page 1787 (D.R.T.C.T.); THENCE: S 22°24'44" E, along the easterly line of said Tract XII and the westerly line of said Texas Electric Service Company tract, a distance of 718.12 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; THENCE: S 00' 19'47" W, continuing along the easterly line of said Tract XII and the westerly line of said Texas Electric Service Company tract, a distance of 216.60 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract XII; THENCE: Departing the westerly line of said Texas Electric Service Company tract, N 89°44'50" W, along the southerly line of said Tract XII and the remaining tract of said Tract IIA as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 (D.R.T.C.T.), passing at a distance of 89.28 feet the southwest corner of said Tract XII, in all, a total distance of 1,264.68 feet to the POINT OF BEGINNING, and CONTAINING 23.42 Acres or 1,020,050 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-01 by Pape Dawson Engineers, Inc. TRACT E METES AND BOUNDS DESCRIPTION BEING a tract of land, situated in Nathaniel Holbrook Survey, Abstract No. 647, City of Fort Worth, Tarrant County, Texas, and the remainder of Tract VIII as described in a Special Warranty Deed with Vendor's Lien to FW Vista West II, L.P. recorded in Instrument Number D206035754 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) and also the remainder of Tract VIII as described in a Quit Claim Deed to FW Vista West II, L.P. recorded in D206035756 (D.R.T.C.T.), and being more particularly described by metes and bounds as follows; COMMENCING at a found 5/8" iron rod (controlling monument) at an angle point on the northerly right- of -way line of Old Weatherford Road (a variable width right-of-way - no deed of record found), same point being the east most southeast corner of the remainder of Tract IIB as described in a Special Warranty Deed to Chapel Creek Limited Partnership, recorded in Volume 11029, Page 1159 (D.R.T.C.T.); THENCE: N 00° 16'02"E, along the northerly right-of-way line of said Old Weatherford Road and the east most easterly line of said Tract IIB, passing at a distance of 10.00 feet a found Transportation Impact Fee Credit Agreement — Page 20 CA-21-008 of 31 5/8" iron rod (controlling monument) at a re-entrant corner on the northerly right-of-way of said Old Weatherford Road and being the southwest corner of Lot 17, Block 22 of Vista West, Blocks 7, 13, 19, through 22, an addition to the City of Fort Worth, Tarrant County, Texas recorded in Cabinet A, Slide 10883 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), passing at a distance of 25.00 feet a found 5/8" iron rod with cap (controlling monument) at the common west corner of said Lot 17 and Lot 16, Block 22 of said Vista West addition, in all, a total distance of 30.00 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the southeast corner of said Tract VIII and at the POINT OF BEGINNING; THENCE: Departing the westerly line of said Vista West addition, N 89°44'50" W, along the southerly line of said Tract VIII and the remaining tract of said Tract IIB, a distance of 709.29 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; THENCE: Along the westerly line of said Tract VIII and along the remaining tract of said Tract IIB, for the following the bearings and distances; N 44°44' 10" W, a distance of 35.74 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; N 00°19'47" E, a distance of 212.30 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; N 22°24'44" W, a distance of 695.94 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the south most southwest corner of Tract A as described in a Special Warranty Deed to LGI Homes -Texas, LLC recorded in Instrument Number D219248021 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.); THENCE: Departing the westerly line of said Tract VIII, N 90°00'00" E, along the southerly line of said Tract A and the remaining tract of said Tract VIII, a distance of 1,065.42 feet to a found 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON" at the south most southeast corner of said Tract A, same point being on the easterly line of said Tract VIII, the westerly line of said Vista West addition and being the beginning of a non -tangent curve to the left; THENCE: Along the easterly line of said Tract VIII and the westerly line of said Vista West addition, for the following bearings and distances; Along said non -tangent curve to the left, having a radius of 3,163.80 feet, a central angle of 12°50'07", a chord bearing and distance of S 05°21'23" W - 707.27 feet, with an arc length of 708.75 feet to a set 1/2" iron rod with yellow plastic cap stamped "PAPE DAWSON"; Transportation Impact Fee Credit Agreement — Page 21 CA-21-008 of 31 S 00° 19'02" W, a distance of 180.00 feet to the POINT OF BEGINNING, and CONTAINING 17.15 Acres or 746,872 Square Feet of land more or less, and being described in accordance with a survey made on ground and accompanied by an exhibit or survey map prepared under job number 70113-02 by Pape Dawson Engineers, Inc. Transportation Impact Fee Credit Agreement — Page 22 CA-21-008 of 31 EXHIBIT B Map of Property Transportation Impact Fee Credit Agreement — Page 23 CA-21-008 of 31 EXHIBIT C Development Plan qu Ju iAllB I' S �;•. ZAd �1 ]Ilyii56iEaiF d y i 9i; I cE ` ; r i9- e� w.tO --�• �•�'' � � rl• � !I§ll�'ti{J g j y irqq f ` 3 HIM ------ - /� I , I•' jj i ! l; r i )1( ! i i� Ij ,•i it 1 t 1, tr i tt li ({'• � III IJ it I 1 1 I l rt I:f h t{; ' j ( (t Itle�i ill li}I il( (1 l i ' I' 1t1, t ti a {,,• i , J l Rt I + vt yf� i� f f f)(, '° jj ( !r yJ +�# It � ! I � I �r l�'1 Il �� 3� • {1 l�(+ll ell 't!I 1�� ii 1 i t ' ll: tt ) a. {' � la Eli li j I, I It i� ''I ,{(I � fit I'1; i,tl ,l• , I I 'r ilt �� t EEIJ 1 E1 II t 11 ! a{ II` J° , '1 I i 1 f i{ �I �!E r;+ rt t f I�tf•(I ��Ei itit jtr I t , let ;�If 1' ! ti �• ( � I I t 9 tat it( t- �� ,, li � t ± �lj 1i; If 1� Rt- ' � ! i(11a1 ,lll l; ,{; ,� I, 1 1 A -I• r , � , a , I + t ,• f ill it, t E j !� I't ,f l '{ , 1 Cle t! 11 �; R' ! ,I„ I �E• ��la i t` , t �! rtt n al..�t � ffa r., 15 ; t1.1;1- rtj (1 f1 1a ► �{t r,I ll- (, nf, I, fl {• I t ,aril{ rjlll f�l ft ;J�I ,tii I , I IRIi I E [ , t ,.1 {l t lt• l• �, Et 1•(t t;,2' ,I i rj pit j' tf pl ! pp f; l 51 .; ,i'Rf1•i FI,1. !s, 1 ,; ilk f flili) i� l�l 11� illll ilk ��!, ilt i 11 la if IV ill i(l h! it i 111 ilk ail;lt ifif± ti! 111 l��i Transportation Impact Fee Credit Agreement — CA-21-008 Page 24 of 31 EXHIBIT D Transportation Improvements i x T Eligible Improvements S Westpoint Westpoint IId11bIJU1Ld L1U11 IIIIIJd L.L rCC L-IUUIL Mr,[UU UHL — CA-21-008 Vista West If *Eligible for Credit Against Transportation Impact Fees Right-of•Way Dedication & Construction FORT WhRTII L. r I 1r ,L 2 r, w Limits ROW Dedication (FP-21-074) ROW Construction (CPN 142S25) L AZ rd};e 25 of 31 EXHIBIT E Credits Against Transportation Impact Fees Vista Vilest 1I, Phase I Transportation Impact Fee Credit Overview Value of ROW Dedication Instrument # Plat Case # Eligible Arterial Value D221300446 FP-21-074 Westpoint Blvd $ 142,287,01 Value of Capacity Provided City Project ## Plat Case # Eligible Arterial Value 102825 FP-21-074 Westpoint Blvd $ 1,705,403.40 TOTAL TRANSPORTATION IMPACT FEE CREDIT 1,847,690.41 Value of Existing Demand Building Permits in review 49 $ 183,750,00 Net Credit Available $ 1,663,940.41 Transportation Impact Fee Credit Agreement — Page 26 CA-21-008 of 31 Valuation for Vista West It, Phase I aluatlorl Method 1- Precentage of TIP Project Cast IRight-of-Way Eligible Arterial Westpoint 3 -x 2017 Transportation Improverntwiks Plan Project S-13 Number mated Construction Costs from 2017 $824.000 nspartation Improvements Plan ue of 7okal Project Right-raf-Way (20%of rl $164,EDD stru[tion Cast} al Project Length (LF) 1,590 Arterial Crass -Section Width (LF) 55 Additional ROW needed for Roundabout (SF) 0 ataI Project Right -of -Way (SF) 87,450 RigjSt-6f-Way ValuLl Per Square Foat $1.8'9 aluatiorbMethod 2- Precentage of Construction Project Cost Eligible Arterial Wustpvint Blvd. ity Project N u m ber 1D2925 onstruction Costs from City Project 1D2925 $1,421,170 a lue of 70tal Project Right -of -Way (2D% of $284,234 onstru[tion Cast) otal Project Length (LF) 3,610 Arterial Cross -Section Width (LF) 55 dditianal ROW needed for Roundabout (SF) 0 otaI Project Right -of -Way (SF) 198,550 Rllght-Of-Way Value Per Square Foot $1.44 aluation Method 3 -TAD appraised value AD Value as of 12122/22 AD Account 41111 48P._� ota l Area (SF) 1,154,9N ppraised Value 5242,530.00 alue Per Square Foot Right -of -Way Dedication Westpoint BJYG Recording InstrumentNumber D2213DO446 Final PlatNumher FP-21-074 Recording Date 1D/14/2021 TataI area of ROW dedicated jSF) 75,2,84 Value per SF S1-89 Credit 5142.287.01 Net Credit Awallabk $14Z Z8T.01 Transportation Impact Fee Credit Agreement — Page 27 CA-21-008 of 31 Capacity Provided by Vista West II Improvements Paving CPN 102825 Item No. Description Unit Quantity Eligible Quantity Unit Price Credit Available 3 REMOVE CONC CURB & GUTTER (CO #5) LF 501 501 $10.25 $ 5,135.25 4 REMOVE ASPHALT CURB LF 895 895 $5.81 $ 5,199.95 5 MEDIUM STONE RIPRAP DRY SY 274 54 $56.73 $ 3,063.42 8 HYDRATED LIME (CO #3) TN 1908 1908 $161.05 $ 307,283.40 10 8" LIME TREATMENT SY 66841 12400 $2.83 $ 35,092.00 12 6" CONC PVMT SY 38200 204 $33.01 $ 6,734.04 13 7" CONC PVMT SY 13260 186 $39.24 $ 7,298.64 14 9" CONC PVMT SY 10720 10720 $48.57 $ 520,670.40 15 4" CONC SIDEWALK SF 68643 23740 $5.59 $ 132,706.60 20 BARRIER FREE RAMP TYPE P-1 EA 52 6 $1,582.60 $ 9,495.60 22 4" SLD PVMT MARKING HAS Y LF 1956 168 $1.25 $ 210.00 23 8" SLD PVMT MARKING HAS (W) LF 1169 690 $2.51 $ 1,731.90 25 LANE LEGEND ARROW EA 15 11 $234.35 $ 2,577.85 26 LANE LEGEND DBL ARROW EA 1 1 $354.25 $ 354.25 30 REMOVE SIGN PANEL AND POST EA 2 1 $103.55 $ 103.55 31 REMOVE AND REINSTALL SIGN PANELAND POST EA 1 1 $539.55 $ 539.55 41 FURNISH/INSTALL ALUM SIGN GOUND MOUNT CITY STD R6-1 EA 3 3 $348.80 $ 1,046.40 42 FURNISH/INSTALL ALUM SIGN GOUND MOUNT CITY STD (R5-1) EA 2 2 $348.80 $ 697.60 43 FURNISH/INSTALL ALUM SIGN GROUND MOUNT CITY STD R5-lA EA 2 2 $348.80 $ 697.60 46 REMOVE EXISTING GATE EA 1 1 $395.00 $ 395.00 48 TYPE III BARRICADE EA 7 2 $866.55 $ 1,733.10 49 CONCRETE HEADER EA 7 2 $362.33 $ 724.66 58 EXISTING DIAMETER SS MANHOLE -REMOVE CONC&REPLACE W/30" COVER CO 4 EA 1 1 $2,640.00 $ 2,640.00 60 6" CONC CURB (CO 5) LF 300 300 $33.01 $ 9,903.00 62 4" BROKEN PAVEMENT MARKINGS (Y) (CO 7) LF 209 209 $1.29 $ 269.61 63 4" BROKEN PAVEMENT MARKINGS (W) (CO 7) LF 3,567 1,750 $1.29 $ 2,257.50 64 REFL RAISED MARKER TYPE II-C-R CO 7 EA 1,574 1,574 $4.87 $ 7,665.38 Paving Subtotal $ 1,066,226.2S Transportation Impact Fee Credit Agreement - Page 28 CA-21-008 of 31 Storm Drain Item No. Description Unit Quantity Eligible Quantity Unit Price Credit Available 7 LARGE STONE RIPRAP DRY SY 657 389 $ 95.92 S 37 312.88 10 CONCRETE COLLAR EA 2 2 S 467.59 $ 935.18 12 21" RCP CLASS III LF 569 13 $ 57.50 $ 747.50 13 24" RCP CLASS III LF 3,281 1,333 $ 66.39 S 88,497.87 14 30" RCP CLASS III LF 140 21 $ 88.29 $ 1,854.09 15 36" RCP CLASS III LF 371 132 S 118.30 S 15 615.60 16 21" RCP CLASS IV LF 64 59 S 64.03 S 3,777.77 17 24" RCP CLASS IV LF 29 36 $ 77.11 S 2,775.96 20 4' STORM JUNCTION BOX EA 10 3 S 4,414.50 S 13,243.50 26 36" PARALLEL HEADWALL 1 PIPE EA 1 1 S 8,502.00 S 8,502.00 36 10' CURB INLET EA 14 2 S 4,959.50 S 9,919.00 39 10' RECESSED INLET EA 5 5 S 5,777.00 S 28,885.00 40 4' DROP INLET EA 1 1 S 4,360.00 S 4,360.00 42 REMOVE MISC CONC STRUCTURE LS 1 1 S 505.13 S 505.13 43 MANHOLE ADJUSTMENT MAJOR (SANITARY SEWER) EA 1 1 S 4,641.27 S 4,641.27 44 MANHOLE ADJUSTMENT, MAJOR (16" WATER MAIN) EA 1 1 S 4,641.27 S 4,641.27 45 MANHOLE ADJUSTMENT MAJOR (36" WATER MAIN) EA 1 1 S 4,641.27 S 4,641.27 46 MISCELLANEOUS STRUCTURE ADJUSTMENT (16" WATER COMBO VALVE EA 1 1 S 1,693.10 S 1,693.10 47 VALVE BOX ADJUSTMENT 36" WATER MAIN EA 1 1 $ 1006.92 S 1,006.92 48 VALVE BOX ADJUSTMENT (30" WATER MAIN) EA 1 1 S 1,006.92 S 1,006.92 51 INLET PROTECTION EA 30 7 S 101.37 S 709.59 Storm Drain Subtotal S 235,271.82 Street Light Improvements Item No.DescrtWm QwndtY Eigible QuanaUnit Y Unit Price Credit Available 1 2" CONDT PVC SCH 80 T LF 10254 2,467 $ 11.24 S 27 729.08 3 NO 8INSULATED ELEC CONDR LF 7317 7,401 S 1.23 S 9,103.23 5 GROUND BOX TYPE B EA 21 4 S 589,69 S 2,358.76 6 FURNISH/INSTALL TYPE 33A ARM EA 23 23 S 256.15 S 5,891.45 10 FURNISH/INSTALL LED LIGHTING FIXTURE (137 WATT ATB2 COBRA HEAD EA 23 23 S 482.87 S 11,106.01 12 RDWY ILLUM FOUNDATION TY 3,5,6, AND 8 EA 13 13 S 1,311.27 S 17,046.51 14 FURNISH INSTALL RDWAY ILLUM TY 18 POLE EA 13 13 S 2,547.33 S 33 115.29 16 DEMO EXISTING STREETLIGHTS EA 8 8 S 959.20 S 7,673.60 17 DEMO EXISTING STREETLIGHT CONDUIT LF 1,506 1,506 S 3.75 S 5,647.50 Street Lights Subtotal S 119,671.43 Paving Subtotal Storm Drain Subtotal Street Lights Subtotal S 1,066,226.25 S 235,271.82 S 119,671.43 CONSTRUCTION SUBTOTAL 5 1,421,169.50 Other Eligible Items Description Engineering, Surveying and Material Testing 20"/6 of Paving & Storm Drain S 284,233.90 Total Value of Capacity Provided $ 1,705,403.40 Transportation Impact Fee Credit Agreement — Page 29 CA-21-008 of 31 CA-21-OC Existing Demand (Building Permits in Review) Number of Permits 4� CPN 102825 1r847,690.41 Street No Street Permit No. Collection Rate Credit Ava i lable 953 American Flyer 61-.,c1 PB22-093G5 3 750.00 -�184.3 94U_41 956 American Flyer 61•:c1 PB22-09299 3 750.00 $ 1 840 190.41 957 American Flyer 61-.c1 PB22-09306 " 3 750.00 $ 1 836444.41 961 American Flyer 61-.c1 PB22-09309 3 750.00 $ 1 832 15%.41 965 American Flyer Blvd P 622-09313 S 3,750.00 $ 1 828 940.41 960 American Flyer Blvd P622-M300 3 750.00 1,825,190.41 964 American Flyer 61,rd PB22-09304 5 3 750.00 1,821,440.41 1005 American Flyer Blvd PB22-09317 3 750.00 $ 1 817 6%.41 1009 American Flyer Blvd P 622-M319 " 3 750.00 $ 1,813,940.41 1013 American Flyer Blvd P622-09320 3 750.00 $ 1r810,190.41 1017 American Flyer Blvd P 622-M322 3 750.00 $ 1 806 440.41 11004 Bass Creek TO P 622-09245 3 750.00 1 8O2 690.41 11000 Bass Creek TO P 622-09246 3 750.00 1 798 940.41 10920 Bass. Creek TO P 622-09247 3 750.00 $ 1 795 190.41 10924 Bass Creek TO P 622-M248 " 3 750.00 $ 1 791444.41 11020 Bass Creek TO P B22-09249 3 750.00 $ 1 787 690.41 1001 American Flyer Blvd P 622-09314 3 750.00 $ 1,78S,940.41 1304 Black Falls Rd P 622-09422 3 750.00 1 780 190.41 904 Bu dinglon Ave PB22-11209 3750.00 1776440.41 11008 Bass Creek TO P B22-11209 3 750.00 $ 1 772 690.41 11012 Bass Creek TO P B22-11211 " 3 750.00 1 768 W.41 11016 Bass Creek TO PB22-11213 3 750.00 $ 1 765 190.41 1301 Black Falls Rd PB22-11414 3 750.00 $ 1 761440.41 1305 Black Falls Rd PB22-11415 3 750.00 1 757 6%.41 1300 Black Falls Rd P B22-11419 3 750.00 1 753 940.41 1012 American Flyer Blvd PB22-13765 3 750.00 $ 1 750 190.41 1016 American Flyer Blvd PB22-13771 " 3 750.00 $ 1 746 440.41 10801 Bass Creek TO P B22-13781 " 3 750.00 $ 1 742 690.41 10821 Bass Creek TO P B22-13786 3 750.00 $ 1,738,940.41 10825 Bass Creek TO P 622-13787 3 750.00 $ 1,795,190.41 10804 Bass. Creek TO P B22-13789 3 750.00 1 731440.41 10812 Bass. Creek TO P B22-13789 3 750.00 $ 1 727 6%.41 10816 Bass. Creek TO PB22-13796 " 3 750.00 $ 1 723 940.41 10820 Bass Creek TO P B22-13819 " 3 750.00 $ 1,720,190.41 10824 Bass. Creek TO PB22-13820 3 750.00 $ 1r716,440.41 11021 Bass Creek TO P B22-13M 3 750.00 $ 1r712,690.41 11017 Bass Creek TO PB22-13824 3 750.00 1 748 940.41 1020 American Flyer Blvd PB22-13862 5 3 750.00 1 745 190.41 11024 Bass Creek TO PB22-13917 " 3 750.00 $ 1,701,440.41 11036 Bass. Creek TO PB22-14197 " 3 750.00 $ 1,697,690.41 11033 Bass, Creek TO P B22-14177 3 750.00 $ 1 693 940.41 11041 Bass. Creek TO PB22-14179 S 3,750.00 $ 1 69D 190.41 11025 Bass. Creek TO PB22-14194 3 750.00 1r686,440.41 11029 Bass Creek TO PB22-14033 3 750.00 1 682 6%.41 11005 Ocelot St PB22-14237 " 3 750.00 $ 1 678 W.41 10805 Bass Creek TO PB22-14272 " 3 750.00 $ 1 675 190.41 11009 Ocelot St PB22-14239 3 750.00 $ 1 671440.41 11032 Bass Creek TO PB22-14196 S 3,750.00 $ 1,667,690.41 11037 Bass. Creek TO PB22-14179 3,750.00 1r663,940.41 Credit Remeining $ 1.663,940.41 Existing Demand $185,750.00 Page 30 of 31 EXHIBIT F Allocation of Credits First-Come/First-Served within the boundaries of PP-21-028. � I 5 y L _ i Y "�y5` 71�f29f6 J, i fJ 4 4 if I � ffr iPC.ffp! r 'F�9:ia � 5 Transportation Impact Fee Credit Agreement — Page 31 CA-21-008 of 31