HomeMy WebLinkAboutContract 62923Transportation Impact Fee Credit Agreement- CA-25-001 Page 1 of 18
West Square 2/28/2025
CSCO NO.____________________
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 Lennar Homes of Texas Land and Construction, LTD., a Texas limited
partnership 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 80.137 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, as amended,
under which transportation 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 Transportation 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,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 agreed to dedicate the right-of-way and/or construct the
transportation improvements shown on Exhibit “D” for which credits against transportation
impact fees shall be granted; and
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WHEREAS, the Owner has received preliminary plat approval for West Square, PP-22-
024, on 08/08/2023; and
WHEREAS, the Owner has dedicated 71,438 square feet of right-of-way for Academy
Boulevard with FP-23-090 recorded as Instrument D224125683, on 07/17/2024; and
WHEREAS, the Owner has received approval for construction plans (IPRC22-0198) on
06/29/2023, and executed a Community Facilities Agreement (CFA23-0066, CSCO No. 60126),
on 09/18/2023, and obtained final acceptance by the City for Academy Boulevard, City Project
Number 104258, on 01/15/2025.
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 agrees to dedicate the rights-of-way for
and/or construct 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 (for 75% of the eligible roadway construction credit) and final
acceptance by the City has been obtained (for 100% of the eligible roadway construction credit).
6. Term and Effective Date. The term of this Agreement shall be ten (10) years from
its Effective Date.
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
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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. A credit agreement
amendment executed by the City, any remaining Owners, and the Owner’s Assignee will be
required to formally transfer any credits for use.
8. Amendment. This Agreement shall not be modified or amended except as follows:
(a) Any revision, amendment, assignment, or modification to this Agreement
or any Exhibit or schedule hereto shall be in writing and signed by the Parties.
(b)Any revision, amendment, assignment, 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)
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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
_______________________________
Jesica McEachern
Assistant City Manager
Date:
Recommended By:
DJ Harrell
Director, Development Services
Approved as to Form and Legality:
Douglas Black
Assistant City Attorney
M&C: None required
Form 1295: None required
ATTEST:
Jannette Goodall
City Secretary
OWNER
Lennar Homes of Texas Land and
Construction, Ltd.
By:
Name: Jennifer Eller
Title: Authorized Agent
Date:
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.
Jennifer H. Roberts
Assistant Director, Development Services
Department
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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
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EXHIBIT A
Description of Property: West Square Preliminary Plat, PP-22-024
Being a tract of land situated in the B.B.B.C.R.R. CO. Survey, Abstract No. 219, City of Fort
Worth, Tarrant County, Texas, and being all of a Tract 2 and being a portion of Tract 1, as
described by deed to TCL LAND BK 3 (2022), LP., a Texas Limited Partnership and recorded in
Instrument No. D222135302, Official Public Records, Tarrant County, Texas, (OPRTCT)and
being more particularly described by metes and bounds as follows (Basis of bearings reference to
the Texas State Plane Coordinate System, North Central Zone, NAD83 via the Trimble VRS
network for North Central Texas. All distances are surface distances.)
COMMENCING at ½ inch iron rod found at the westerly southeast corner of the said Tract 1 and
being at the intersection of the northwest right of way line of Interstate Highway No. 30 (a
variable width right of way) and the north right of way line of Northview Road (a 50 foot right of
way);
THENCE South 89°53’06” West, with the south line of the said Tract 1 and being common with
the north right of way line of the said Northview Road, a distance of 674.34 feet to 5/8 inch
capped iron rod marked “Shield Engineering” found for the southwest corner of the said Tract 1
and being in common with the southeast corner of the said Tract 2, and the POINT OF
BEGINNING;
THENCE South 89°53’06” West, with the south line of the said Tract 2 and the north right of
way line of the said Northview Road, a distance of 998.01 feet to a ½ inch capped iron marked
“WW Ward RPLS 2014” found for the easterly southwest corner of the said Tract 2 and being in
common with the southeast corner of the certain tract of land as described by deed to Azadi
Group, LLC, and recorded in Instrument No. D221165640, (OPRTCT);
THENCE North 00°23’12” East, with the southerly west line of the said Tract 2 and the east line
of the said Azadi tract, at a distance of 530.05 feet pass a ½ inch iron rod found for the northeast
corner of the said Azadi tract and being in common with the southeast corner of a certain tract of
land as described by deed to Clairemont MCD, LLC and recorded in Instrument No.
D221367884, (OPRTCT) and continuing a total distance of 1266.20 feet to a 5/8 inch capped
iron rod marked “Shield Engineering” found for the northeast corner of the said Clairemont
MCD tract and being in common with the reentrant corner of the said Tract 2;
THENCE westerly with the north line of the said Clairemont MCD tract, the following courses
and distances:
North 89°41’45” West, a distance of 447.04 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” found;
South 45°22’13” West, a distance of 14.16 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” found;
North 89°41’45” West, a distance of 29.70 feet to the northwest corner of the said
Clairemont MCD tract and being in common with the westerly southwest corner of the
aforesaid Tract 2, also, in the centerline of Chapel Creek Boulevard ( a variable width
right of way );
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THENCE North 00°22’01” East, with the center line of the said Chapel Creek Boulevard, a
distance of 75.00 feet to the westerly northwest corner of the aforementioned Tract 2;
THENCE South 89°41’45” East, with the westerly north line of the said Tract 2 at 29.79 feet
pass a 5/8 inch capped iron rod marked “Cole Design Group” found for the southwest corner of
Lot 1, Block 1, Chapel Creek Cottages, LLC Addition, an addition to the City of Fort Worth,
Tarrant County, Texas, as shown on plat thereof and recorded in Instrument No. D222032025,
(OPRTCT), at 707.57 feet passing a 5/8 inch capped iron rod marked “Cole Design Group”
found for the southeast corner of the said Lot 1 and being in common with the westerly
southwest corner of a certain tract of land, as described by deed to Clairemont Rock, LLC, and
recorded in Instrument No. D221367897, (OPRTCT) and continuing a total distance of 732.66
feet to a 5/8 inch capped iron rod marked “Shield Engineering” found for the reentrant corner of
the said Clairemont Rock tract;
THENCE with the said Clairemont Rock tract, the following courses and distances:
South 00°32’39” East, a distance of 205.95 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” found;
South 89°57’34” East, a distance of 350.02 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” found;
North 00°32’39” West, a distance of 309.17 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” found;
North 01°23’37” East, a distance of 457.02 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” found for the northeast corner of the said Clairemont Rock tract
and being common with the easterly northwest corner of the said Tract 2, also, being in
the south line of Lot 13X, Block A, Phase 1, Chapel Creek Addition, an addition to the
City of Fort Worth, Tarrant County, Texas, as shown on plat thereof and recorded in
Instrument No. D218113596, (OPRTCT) and the north right of way line of the Old
Weatherford Road ( a variable width right of way );
THENCE South 88°01’18” East, with the easterly north line of the said Tract 2, being
with the north line of the said Tract 1, being with the north right of way line of the said
Old Weatherford Road and the south line of the said Lot 13x,being with the south line of
Block K, Phase 2, Chapel Creek Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, as shown on plat thereof and recorded in Instrument No. D219026539,
(OPRTCT), and the south line of Block K, Phase 3, Chapel Creek Addition, an addition
to the City of Fort Worth, Tarrant County, Texas, as shown on plat thereof and recorded
in Instrument No. D219152183, (OPRTCT) a distance of 1,540.06 feet to a “X” cut found
for the northeast corner of the said Tract 1 and at the intersection of the north right of way
line of the said Old Weatherford Road and the west right of way line of Academy
Boulevard (a 55 foot right of way);
THENCE South 00°11’50” West, with the northerly east line of the said Tract 1 and
being in common with the west right of way line of the said Academy Boulevard, a
distance of 1246.14 feet to a ½ inch iron rod found for the easterly southeast corner of the
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said Tract 1 and at the intersection of the west right of way line of the said Academy
Boulevard and the northwest right of way line of the said Interstate Highway No. 30;
THENCE North 89°57’22” West, with the southeast line of the said Tract 1, and the
northwest line of the said Interstate Highway No. 30, a distance of 55.00 feet to a 5/8 inch
iron rod with cap stamped “Shield Engineering” set, from which a 1 inch iron rod found
bears North 89°57’22” West, a distance of 4.89 feet;
THENCE over and across said Tract 1 the following courses and distances:
North 00°11’50” East, a distance of 415.07 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 175.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 00°11’50” East, a distance of 77.52 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 220.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
South 00°11’50” West, a distance of 5.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 50.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 44°48’10” West, a distance of 14.14 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 200.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
South 45°11’50” West, a distance of 14.14 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 50.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 44°48’10” West, a distance of 14.14 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 100.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 00°11’50” East, a distance of 541.08 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 100.00 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
South 45°11’50” West, a distance of 14.14 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set a point for corner;
South 00°11’50” West, a distance of 23.18 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set;
North 89°48’10” West, a distance of 180.53 feet to a 5/8 inch iron rod with cap
stamped “Shield Engineering” set in the west line of the said Tract 1 and being in
common with the east line of the said Tract 2;
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THENCE South 00°32’41” East, with the common lines of Tract 1 and Tract 2, a distance of
1597.87 feet to the POINT OF BEGINNING, containing 52.116 acres of land more or less.
Being a tract of land situated in the B.B.B.C.R.R. CO. Survey, Abstract No. 219, City of Fort
Worth, Tarrant County, Texas, and being a portion of Tract 1, as described by deed to TCL
LAND BK 3 (2022), LP., a Texas Limited Partnership and recorded in Instrument No.
D222135302, Official Public Records, Tarrant County, Texas, (OPRTCT)and being more
particularly described by metes and bounds as follows (Basis of bearings reference to the Texas
State Plane Coordinate System, North Central Zone, NAD83 via the Trimble VRS network for
North Central Texas. All distances are surface distances.)
BEGINNING at ½ inch iron rod found at the westerly southeast corner of the said Tract 1 and
being at the intersection of the northwest right of way line of Interstate Highway No. 30 (a
variable width right of way) and the north right of way line of Northview Road (a 50 foot right of
way);
THENCE South 89°53’06” West, with the westerly south line of the said Tract 1 and being
common with the north right of way line of the said Northview Road, a distance of 674.34 feet to
a 5/8 inch capped iron rod marked “Shield Engineering” found for the southwest corner of the
said Tract 1 and being in common with the southeast corner of Tract 2, as described by deed to
TCL LAND BK 3 (2022), LP., a Texas Limited Partnership and recorded in Instrument No.
D222135302, (OPRTCT);
THENCE North 00°32’41” West, with the west line of the said Tract 1 and being common with
the east line of the said Tract 2, a distance of 1597.87 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” set;
THENCE over and across the said Tract 1, the following courses and distances:
South 89°48’10” East, a distance of 180.53 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” set;
North 00°11’50” East, a distance of 23.18 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
North 45°11’50” East, a distance of 14.14 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 89°48’10” East, a distance of 100.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 00°11’50” West, a distance of 491.08 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 89°48’10” East, a distance of 100.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 00°11’50” West, a distance of 50.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 44°48’10” East, a distance of 14.14 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 89°48’10” East, a distance of 50.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
North 45°11’50” East, a distance of 14.14 feet to a 5/8 inch capped iron rod marked “Shield
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Engineering” set;
South 89°48’10” East, a distance of 200.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 44°48’10” East, a distance of 14.14 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 89°48’10” East, a distance of 50.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
North 00°11’50” East, a distance of 5.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 89°48’10” East, a distance of 220.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 00°11’50” West, a distance of 100.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 89°48’10” East, a distance of 50.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
North 00°11’50” East, a distance of 22.48 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 89°48’10” East, a distance of 125.00 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set;
South 00°11’50” West, a distance of 415.07 feet to a 5/8 inch capped iron rod marked “Shield
Engineering” set in the easterly south line of the aforesaid Tract 1 and being in common the
northwesterly right of way line of the said Interstate Highway No. 30;
THENCE southerly with the northwesterly right of line of
Interstate Highway No. 30, the following courses and distances:
North 89°57’22” West, a distance of 4.89 feet to a 1 inch iron rod found;
South 00°05’43” West, a distance of 56.93 feet to a 5/8 inch capped iron rod marked
“Shield Engineering” set;
South 28°20’41” West, a distance of 132.29 feet to a ½ inch iron rod found for the PC of a curve
to the left, having a radius of 736.20 feet;
With said curve to the left, having a central angle of 18°36’01”, a chord bearing and distance of
South 44°28’57” West, a distance of 237.95 feet, an arc distance of 239.00 feet to a ¾ inch iron
rod found;
South 35°14’10” West, a distance of 152.47 feet to a ¾ inch iron rod found for a PC of a curve to
the right, having a radius of 934.95 feet;
With said curve to the right, having a central angle of 09°33’34”, a chord bearing and distance of
South 39°56’34” West, a distance of 155.81 feet, an arc distance of 155.99 feet to the POINT
OF BEGINNING, containing 1,224,492 square feet or 80.137 acres of land more or less.
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EXHIBIT B
Map of Property: West Square Preliminary Plat, PP-22-024
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EXHIBIT C
Development Plan: West Square Preliminary Plat, PP-22-024
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EXHIBIT D
Eligible Transportation Improvements
Eligible Improvements Reference #Limits
Academy Boulevard
Academy Boulevard
60126
FP-23-090
CPN 104258
CFA23-0066
IPRC22-0198
Right-of-Way Dedication
Construction of western two lanes,
sidewalks, street lights and drainage
West Square
Eligible Transportation Improvements for
Credit against Transportation Impact Fees
Key
Development Plan Area
Right-of-Way Dedication
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EXHIBIT E
Credits Against Transportation Impact Fees
West Square
Transportation Impact Fee Credit Overview
Value of ROW Dedication – Academy Blvd.
Instrument # Final Plat # Eligible Arterial Value
D224125683 FP-23-090
Academy Blvd. $148,591.04
ROW Transportation Impact Fee Credit $148,591.04
TrIF Eligible Community Facilities Agreement Construction
City Secretary # CFA # Eligible Arterial Value
60126
CFA23-0066
CPN 104258
IPRC22-0198
Academy Blvd. $691,773.50
Engineering, Surveying, and Material Testing = 20% of total eligible
construction costs $138,354.70
Transportation Impact Fee Credit $978,719.24
Total Transportation Impact Fee Credit $978,719.24
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Right-of-Way Valuation for
Valuation Method 1 - Precentage of TIP Project Cost
Eligible Arterial Academy Blvd.
2022 Transportation Improvements Plan Project Number S-11
Estimated Construction Costs from 2022 Transportation
Improvements Plan
$2,421,000
Value of Total Project Right-of-Way (20% of Construction Cost) $484,200
Total Project Length (LF) $3,610
Arterial Cross-Section Width (LF) $110
Additional ROW needed for Roundabout (SF) $0
Total Project Right-of-Way (SF) 397100
Right-of-Way Value Per Square Foot $1.22
Valuation Method 2 - Precentage of Construction Project
Eligible Arterial Academy Blvd
City Project Number 104258
Final Construction Costs for ROADWAY ONLY from Notice of
Completion (Green Sheet)831481
Value of Total Project Right-of-Way (20% of Construction Cost) $166,296
Total Project Length (LF) 1632
Arterial Cross-Section Width (LF) 49
Additional ROW needed for Roundabout (SF) 0
Total Project Right-of-Way (SF) 80,033
Right-of-Way Value Per Square Foot $2.08
Valuation Method 3 - TAD appraised value
TAD Value as of 08/9/2023 Academy Blvd.
TAD Account 42762187
Total Area (SF) 6,263
Appraised Value $1.00
Value per Square Foot $0.01
Right-of-Way Dedication
Academy Blvd.
Recording Instrument Number D224125683
Final Plat Number FP-23-090
Recording Date 7/17/2024
Total area of ROW dedicated (SF) 71,438
Value per SF $2.08
ROW Credit Available $148,591.04
West Square
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EXHIBIT F
Allocation of Credits
Credit shall be allocated on a first-come, first-served basis to building permits within the
preliminary plat boundary of West Square Preliminary Plat, PP-22-024 and shall run with the
land.