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HomeMy WebLinkAboutContract 55233-A3CSC No. 55233-A3 CSCO NO. TRANSPORTATION IMPACT FEE CREDIT AGREEMENT AMENDMENT AMENDMENT NO.3 TO CITY SECRETARY CONTRACT NO. 55233 THIS AMENDMENT NO. 3 TO TRANSPORTATION IMPACT FEE CREDIT AGREEMENT (this "Amendment No. 3") is made and entered into effective as of the Effective Date (as defined below), by and among: (1) THE CITY OF FORT WORTH, TEXAS (the "City"), a Texas home rule municipal corporation, (2) Meritage Homes of Texas, LLC, an Arizona limited liability company and GRBK Edgewood LLC, a Texas limited liability company authorized to do business in Texas (together, the "Chisholm Trail Property Parties") and (3) WUSF 4 Rock Creek, LP, a Texas limited partnership, and Walton Texas, LP, a Texas limited partnership, on behalf of itself in its capacity as an owner of a portion of the Rock Creek Ranch Property and on behalf of all other owners of such portion of the Rock Creek Ranch Property in its capacity as manager, operator, or agent, as applicable (collectively, the "Rock Creek Ranch Property Parties") (the City, the Chisholm Trail Property Parties and the Rock Creek Ranch Property Parties are each a "Party", and collectively, the "Parties"). RECITALS WHEREAS, former Owners Walton Development & Management TX, LLC and WM Sub CTR, LP, previously exercised clause 7 under City Secretary Contract No. 55233 (as amended, the "Agreement") and duly assigned the Agreement in part to the Chisholm Trail Property Parties and in part to the Rock Creek Ranch Property Parties as described in Amendment No. 1 to the Agreement and as noted in the letter submitted to the City on December 30, 2021 (CSCO 55233-A1); and WHEREAS, the Chisholm Trail Property Parties have received approval for construction plans (IPRC22-0055) on 09/16/2022, and executed a Community Facilities Agreement (CFA22- 0143, CSCO 58535) and obtained final acceptance by the City for McPherson Boulevard, City Project Number 103826, on 10/09/23; and WHEREAS, it has become necessary to execute this Amendment No. 3 to said Agreement to incorporate additional credits applicable to the Chisholm Trail Property and the Chisholm Trail Property Parties by amending Exhibit "E" by the addition of Exhibit "E-1" attached hereto, and to replace Exhibit "A" and "A-1" with the Exhibit "A-2" attached hereto, Exhibit "B" with the Exhibit "B-1" attached hereto, Exhibit "C-1" with the Exhibit "C-2" attached hereto, Exhibit "D-1" with the Exhibit "D-2" attached hereto, and Exhibit 7-1" with the Exhibit "F-2" attached hereto; NOW, THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the Parties hereby covenant and agree as follows: 1. Recitals. The recitals contained in this Amendment No. 3 are true and correct as of the Effective Date and form the basis upon which the Parties negotiated and entered into this Amendment No. 3. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Pagel of 3l Chisholm Trail Ranch 2. Exhibits. Exhibits "A" and "A- I ", which was referenced but inadvertently omitted from Amendment No. 1, shall be replaced by Exhibit "A-2" attached hereto. Exhibit `B" shall be replaced by Exhibit `B-1" attached hereto. Exhibit "C-1" shall be replaced by Exhibit "C-2" attached hereto. Exhibit "D-1" shall be replaced by Exhibit "D-2" attached hereto. Exhibit "E" shall be amended to include the addition of "Exhibit "E- I" attached hereto to the existing Exhibit E attached to the Agreement. Exhibit "F-1" shall be replaced with Exhibit "F-2" attached hereto. Each exhibit is attached hereto and incorporated herein by this reference. 3. All other provisions of Agreement, as previously amended, which are not expressly amended herein shall remain in full force and effect. 4. This Amendment No. 3 does not affect the Rock Creek Ranch Parties, the Rock Creek Ranch Property or the Transportation Impact Fee Credits previously assigned and allocated to the Rock Creek Ranch Property as set forth in Amendment No. 1 to the Agreement or the application thereof, including but not limited to the Rock Creek Ranch Parties shall have no obligations with respect to the Additional Roadway Construction (McPherson Boulevard) described in Exhibit D-2 and Exhibit E-1. The Rock Creek Ranch Parties are not executing this Amendment No. 3 in the capacity as owner of any portion of the Rock Creek Ranch Property no longer owned by the Rock Creek Ranch Parties. (Remainder of Page Intentionally Left Blank) Transportation Impact Fee Cred Agreement- CA-20-2013-A3/CA-23-005 Page 2 of 31 Chisholm Trail Ranch IN WITNESS WHEREOF, the undersigned parties have executed this Amendment No. 3 to be effective as of the date subscribed by the City's Assistant City Manager. CITY OF FORT WORTH, TEXAS cp�� Jesica McEachern Assistant City Manager Date: 05/16/2025 Recommended By: Dalton Harrell:pay 6, 2025 17:51 CDT) DJ Harrell Director, Development Services Approved as to Form and Legality Douglas Black (May 9, 2025 09:40 CDT) Douglas Black Assistant City Attorney M&C: None required Form 1295: None required ATTEST: A ..lC.asma a Jannette Goodall City Secretary Qoovonp d FORrIlaa �o oa OVo °Sp aaaa nEXalo Sa'p OWNERS 1 (area: PP-19-056; Chisholm Trail Property) Meritage Homes of Texas, LLC an Arizona limited liability company Naval Agahi�bawh David Aughinbaugh 4ay5,202517:5VCDT) David Aughinbaugh Vice President of Land Development GRBK Edgewood LLC A Texas limited liability company Bobby Samuel Vice President OWNERS 2 (area: CP-16-005, Tracts 1-6, 8, 9, and 17; Rock Creek Ranch Property) WUSF 4 Rock Creek, LP a Texas Limited Partnership By: WUSF 4 Rock Creek GP, LLC a Delaware limited liability company, its General Partner By: Walton US Land Fund 4, LP a Delaware limited partnership, its Manager By: WUS4 GP, LLC a Delaware limited liability company, its General Partner By: Walton Land Management (USA), Inc a Delaware corporation, its Manager k6lblwf Niacin By Robert Nixon (May 6,202517:19 CDT) Name: Robert Nixon Title: Authorized Signatory Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Chisholm Trail Ranch Page 3 of 31 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX OWNERS 2 (continued) WALTON TEXAS, LP, a Texas limited partnership, on behalf of itself in its capacity as an owner of a portion of the Rock Creek Ranch Property and on behalf of all other owners of such portion of the Rock Creek Ranch Property in its capacity as manager, operator, or agent, as applicable By: Walton Texas GP, LLC, a Texas limited liability company, its General Partner By: Walton International Group, Inc., a Nevada corporation, its Manager Robert Nixon By: Robert Ni— (May6,202517:20 CDT) Name: Robert Nixon Title: Authorizes Signatory 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. a r7T nifer Ro erts (Apr 23, 2025 09:36 CDT) Jennifer H. Roberts Assistant Director, Development Services Department Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 4 of 31 Chisholm Trail Ranch EXHIBIT LIST "A-2" Description of the Property "B- l " Map of Property "C-2" Development Plan 4'D-2" Eligible Transportation Improvements "B-1" Amendment to add additional Credits Against Transportation Impact Fees 46F-2" Allocation of Credits Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 5 of 31 Chisholm Trail Ranch EXHIBIT A-2 Description of Property: Chisholm Trail Ranch Section 3 PP-19-056 and CP-16-005, Tracts 1-6, 8, 9, and 17 Chisholm Trail Ranch Section 3 Preliminary Plat, PP-19-056 ("Chisholm Trail Proverty") BEING A 115.576 ACRE TRACT OF LAND SITUATED IN THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT No.4, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING ALL THAT REMAINING PORTION OF A TRACT OF LAND DESCRIBED TO WM SUB CTR, LP BY DEED RECORDED IN DOCUMENT No. D214198092 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID REMAINING PORTION BEING IN EXCEPTION OF THAT PORTION LYING WITHIN THE RIGHT-OF-WAY OF BREWER BOULEVARD AS SHOWN BY PLAT RECORDED IN DOCUMENT No. D219030365 OF SAID OFFICIAL PUBLIC RECORDS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2-INCH IRON ROD FOUND ON THE SOUTH RIGHT-OF-WAY LINE OF WEST MCPHERSON ROAD (A 110-FOOT WIDE RIGHT-OF-WAY) FOR THE NORTHWEST CORNER OF SAID 115.576 ACRE TRACT; THENCE WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST MCPHERSON ROAD THE FOLLOWING COURSES AND DISTANCES: NORTH 89003'01" EAST, A DISTANCE OF 35.99 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1,345.00 FEET AND A CHORD THAT BEARS SOUTH 71 °05'02" EAST, 899.81 FEET; WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 39005'05", AN ARC -DISTANCE OF 917.50 FEET TO A 1/2-INCH IRON ROD WITH PLASTIC CAP STAMPED "DUNAWAY AND ASSOCIATES, LP"; SOUTH 51032'29" EAST, A DISTANCE OF 925.06 FEET TO A 1/2-INCH IRON ROD WITH PLASTIC CAP STAMPED "DUNAWAY AND ASSOCIATES, LP" FOUND FOR THE NORTHERNMOST NORTHEAST CORNER OF SAID WM SUB CTR TRACT, AND THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED TO TREX COMMERCIAL PROPERTIES, LLC, BY DEED RECORDED IN DOCUMENT No. D220104334 OF SAID OFFICIAL PUBLIC RECORDS; THENCE SOUTH 38040'34" WEST, DEPARTING THE SOUTH RIGHT -OF -WAY -LINE OF SAID WEST MCPHERSON BLVD, A DISTANCE OF 444.95 FEET TO A 1/2-INCH IRON ROD FOUND WITH PLASTIC CAP STAMPED "DUNAWAY AND ASSOCIATES, LP" FOUND FOR REENTRANT CORNER OF SAID WM SUB CTR TRACT, SAID POINT ALSO BEING THE SOUTHWESTERN CORNER OF A TRACT OF LAND DESCRIBED TO LEGACY BREWER MCPHERSON, LLC, BY DEED RECORDED IN DOCUMENT No. D217055675 OF SAID OFFICIAL PUBLIC RECORDS; THENCE SOUTH 51 °32'36" EAST, A DISTANCE OF 486.08 FEET TO A 5/8-INCH IRON ROD WITH PLASTIC CAP STAMPED "LJA" SET (HEREAFTER REFERRED TO AS "5/8-INCH CAPPED IRON ROD SET), AT THE WEST RIGHT-OF-WAY LINE OF Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 6 of 31 Chisholm Trail Ranch BREWER BOULEVARD (A 110 FOOT RIGHT-OF-WAY); THENCE WITH THE WEST RIGHT-OF-WAY LINE OF SAID BREWER BOULEVARD THE FOLLOWING COURSES AND DISTANCES: SOUTH 38027'24" WEST, A DISTANCE OF 2.07 FEET TO A 5/8-INCH CAPPED IRON ROD SET; SOUTH 34008' 12" WEST, A DISTANCE OF 477.12 FEET TO A 5/8-INCH CAPPED IRON ROD SET FOR THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 995.00 FEET AND A CHORD THAT BEARS SOUTH 16033'00" WEST, 601.39 FEET; WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 35°10'49" AN ARC -DISTANCE OF 610.94 FEET TO A 5/8-INCH CAPPED IRON ROD SET; SOUTH 01002'25" EAST, A DISTANCE OF 1,357.75 FEET TO A 5/8-INCH CAPPED IRON ROD SET; SOUTH 44000'42" WEST, A DISTANCE OF 14.13 FEET TO A 5/8-INCH CAPPED IRON ROD SET, SOUTH 01002'25" EAST, A DISTANCE OF 59.58 FEET TO A 5/8-INCH CAPPED IRON ROD SET ON THE SOUTH RIGHT-OF-WAY LINE OF STEWART FELTZ ROAD; THENCE SOUTH 89003'01" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE OF BREWER ROAD AND WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID STEWART FELTZ ROAD A DISTANCE OF 1,249.81 FEET TO THE SOUTHWEST CORNER OF SAID WM SUB CTR TRACT, FROM WHICH A 1-INCH IRON ROD FOUND BEARS SOUTH 0032'02" EAST, 0.47 FEET; THENCE NORTH 00035'02" WEST, A DISTANCE OF 3,937.31 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 115.576 ACRES (5,034,472 SQ. FEET), OF LAND. ROCK CREEK RANCH PROPERTY: Concept Plan (CP-16-005). TRACT 1 (139.525 ACRES) BEING A 139.525 ACRE TRACT OF LAND SITUATED IN THE JUAN JOSE ALBIRADO SURVEY ABSTRACT NO. 4, THE B.F. PACE SURVEY, ABSTRACT NO. 1254, TARRANT COUNTY TEXAS AND BEING A PORTION OF A CALLED 220.826 ACRE TRACT OF LAND DESIGNATED AS "TRACT V IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 139.525 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3/8-INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 220.826 ACRE TRACT OF LAND, BEING THE POINT OF INTERSECTION OF OLD GRANBURY ROAD, (COUNTY ROAD NO. 1089, A PUBLIC RIGHT-OF-WAY CALLED TO BE 80-FEET WIDE AT THIS POINT PER TARRANT COUNTY ROAD Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 7 of 31 Chisholm Trail Ranch MAP FOR PROJECT NUMBER 1089, DATED APRIL 4, 1956) AS IT RUNS NORTH - SOUTH WITH OLD GRANBURY ROAD AS IT RUNS EAST -WEST; THENCE, NORTH 89°04'23" EAST, ALONG THE APPROXIMATE CENTERLINE OF OLD GRANBURY ROAD AT APPROXIMATELY 918 FEET PASSING THE POINT WHERE SAID GRANBURY ROAD TURNS NORTH AND STEWART FELTZ ROAD (COUNTY ROAD NO. 1014 - A PUBLIC RIGHT-OF-WAY) CONTINUES IN AN EAST -WEST DIRECTION, CONTINUING ALONG SAID STEWART FELTZ ROAD IN ALL FOR A TOTAL DISTANCE OF 3,041.06 FEET TO POINT FOR CORNER; THENCE, DEPARTING THE NORTH LINE OF SAID 220.826 ACRE TRACT OF LAND AND THE RIGHT-OF-WAY OF SAID STEWART FELTZ ROAD, THE FOLLOWING THREE (3) CALLS: 1) SOUTH 00°00'57" EAST, A DISTANCE OF 694.96 FEET TO THE POINT OF CURVATURE OF CURVE TO THE LEFT HAVING A RADIUS OF 1,000.00 FEET; 2) SOUTHEASTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 36017'04", FOR AN ARCH LENGTH OF 633.28 FEET, A CHORD BEARING OF SOUTH 18009'29" EAST AND A CHORD DISTANCE OF 622.76 FEET TO A POINT OF CURVATURE OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 1,000.00 FEET; 3) SOUTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 40022'54", FOR AN ARCH LENGTH OF 704.79 FEET, A CHORD BEARING OF SOUTH 16006'34" EAST AND A CHORD DISTANCE OF 690.30 FEET TO A POINT IN THE NORTH LINE OF A CALLED 13.703 ACRE TRACT OF LAND DESCRIBED TO TEXAS ELECTRIC SERVICE COMPANY IN THE WARRANTY DEED RECORDED IN VOLUME 3569, PAGE 410 DEED RECORDS OF TARRANT COUNTY, TEXAS; THENCE, NORTH 89°53'02" WEST CONTINUING ALONG THE COMMON LINE OF THE SAID 220.826 ACRE TRACT OF LAND AND SAID 13.703 ACRE TRACT OF LAND, A DISTANCE OF 3,403.01 FEET TO A PK NAIL WITH A WASHER STAMPED "BURY" FOUND FOR THE SOUTHWEST CORNER OF SAID 220.826 ACRE TRACT OF LAND AND BEING IN THE APPROXIMATE CENTERLINE OF SAID OLD GRANBURY ROAD; THENCE, NORTH 00042'36" WEST ALONG THE APPROXIMATE CENTERLINE OF SAID OLD GRANBURY ROAD, A DISTANCE OF 1,893.95 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 6,077,723 SQUARE FEET OR 139.525 ACRES OF LAND, MORE OR LESS. Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 8 of 31 Chisholm Trail Ranch Concept Plan (CP-16-005). TRACT 2 (81.300 ACRES) BEING A 81.300 ACRE TRACT OF LAND SITUATED IN THE JUAN JOSE ALBIRADO SURVEY ABSTRACT NO. 4, TARRANT COUNTY TEXAS AND BEING A PORTION OF A CALLED 220.826 ACRE TRACT OF LAND DESIGNATED AS "TRACT V IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 81.300 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8-INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID 220.826 ACRE TRACT OF LAND, BEING THE POINT OF INTERSECTION OF OLD GRANBURY ROAD, (COUNTY ROAD NO. 1089, A PUBLIC RIGHT-OF-WAY CALLED TO BE 80-FEET WIDE AT THIS POINT PER TARRANT COUNTY ROAD MAP FOR PROJECT NUMBER 1089, DATED APRIL 4, 1956) AS IT RUNS NORTH - SOUTH WITH OLD GRANBURY ROAD AS IT RUNS EAST -WEST; THENCE, NORTH 89°04'23" EAST, ALONG THE APPROXIMATE CENTERLINE OF OLD GRANBURY ROAD AT APPROXIMATELY 918 FEET PASSING THE POINT WHERE SAID GRANBURY ROAD TURNS NORTH AND STEWART FELTZ ROAD (COUNTY ROAD NO. 1014 - A PUBLIC RIGHT-OF-WAY) CONTINUES IN AN EAST -WEST DIRECTION, CONTINUING ALONG SAID STEWART FELTZ ROAD IN ALL FOR A TOTAL DISTANCE OF 3,041.06 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 89°04'23" EAST CONTINUING ALONG SAID STEWART FELTZ ROAD, A DISTANCE OF 1,917.02 FEET TO A 1-INCH IRON PIPE FOUND FOR THE NORTHEAST CORNER OF SAID 220.826 ACRE TRACT OF LAND; THENCE, SOUTH 01°09'29" EAST CONTINUING ALONG SAID STEWART FELTZ ROAD, A DISTANCE OF 1,829.73 FEET TO A COTTON SPINDLE FOUND FOR THE NORTHEAST CORNER OF THAT CALLED 0.159 ACRE TRACT OF LAND DESIGNATED AS PARCEL NO. 143 IN THE DEED TO NORTH TEXAS TOLLWAY AUTHORITY RECORDED IN COUNTY CLERK'S FILE NUMBER D213222631, O.P.R.T.C.T.; THENCE, SOUTH 88°50'22" WEST ALONG THE NORTH LINE OF SAID PARCEL NO. 143, A DISTANCE OF 64.03 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE NORTHWEST CORNER OF SAID PARCEL NO. 143; THENCE, SOUTH 01°09'38" EAST ALONG THE WEST LINE OF SAID PARCEL NO. 143, A DISTANCE OF 129.23 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR CORNER IN THE NORTHWEST LINE OF THAT CALLED 0.071 ACRE TRACT OF LAND DESIGNATED AS PARCEL NO. 124 IN THE DEED TO THE STATE OF TEXAS RECORDED IN COUNTY CLERK'S FILE NUMBER D207135726, O.P.R.T.C.T.; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 9 of 31 Chisholm Trail Ranch THENCE, SOUTH 55°05'56" WEST ALONG THE NORTHWEST LINE OF SAID PARCEL NO. 124, A DISTANCE OF 40.81 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHWEST CORNER OF SAID PARCEL NO. 124 AND BEING IN THE NORTH LINE OF THAT CALLED 13.703 ACRE TRACT OF LAND DESCRIBED TO TEXAS ELECTRIC SERVICE COMPANY IN THE WARRANTY DEED RECORDED IN VOLUME 3569, PAGE 410 DEED RECORDS OF TARRANT COUNTY, TEXAS; THENCE, SOUTH 87°35'39" WEST ALONG THE COMMON LINE OF SAID 220.826 ACRE TRACT OF LAND AND SAID 13.703 ACRE TRACT OF LAND, A DISTANCE OF 15.64 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR CORNER; THENCE, NORTH 89°53'02" WEST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 1,457.46 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,000.00 FEET; THENCE, DEPARTING SAID COMMON LINE, THE FOLLOWING THREE (3) CALLS: 1) NORTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 40022'54", FOR AN ARCH LENGTH OF 704.79 FEET, A CHORD BEARING OF NORTH 16006'34" WEST AND A CHORD DISTANCE OF 690.30 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 1,000.00 FEET; 2) NORTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 36017'04", FOR AN ARCH LENGTH OF 633.28 FEET, A CHORD BEARING OF NORTH 18009'29" WEST AND A CHORD DISTANCE OF 622.76 FEET TO A POINT FOR CORNER; 3) NORTH 00°00'57" WEST, A DISTANCE OF 694.96 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 3,541,449 SQUARE FEET OR 81,300 ACRES OF LAND, MORE OR LESS Coneeut Plan (CP-16-005). TRACT 3 (68.954 ACRES) BEING A 68.954 ACRE TRACT OF LAND SITUATED IN THE JUAN JOSE ALBIRADO SURVEY ABSTRACT NO. 4, TARRANT COUNTY TEXAS AND BEING A PORTION OF A CALLED 701.937 ACRE TRACT OF LAND DESIGNATED AS "TRACT 2A" IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 68.954 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 10 of 31 Chisholm Trail Ranch COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHEAST CORNER OF SAID 701.937 ACRE TRACT OF LAND SAME BEING THE NORTHEAST CORNER OF THAT CALLED 226.469 ACRE TRACT OF LAND DESIGNATED AS "TRACT ONE" IN THE DEED WITHOUT WARRANTY TO CHESAPEAKE LAND DEVELOPMENT COMPANY, L.L.C. RECORDED IN COUNTY CLERK'S FILE NUMBER D210208370, O.P.R.T.C.T. AND BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 121, ALSO KNOWN AS CHISHOLM TRAIL PARKWAY, (A VARIABLE WIDTH PUBLIC RIGHT- OF-WAY) AS DESCRIBED IN THE DEED TO THE STATE OF TEXAS RECORDED IN COUNTY CLERK'S FILE NUMBER D207135727, O.P.R.T.C.T., AND BEING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS POINT WHICH BEARS SOUTH 81°02'31" EAST, A DISTANCE OF 5,849.58 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 44046'45" FOR AN ARC LENGTH OF 4,571.70 FEET, A CHORD BEARING OF NORTH 24°46'22" EAST AND A CHORD DISTANCE OF 4,456.24 FEET TO THE POINT OF TANGENCY; THENCE NORTH 47009'45" EAST, A DISTANCE OF 469.87 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE OVER AND ACROSS SAID 701.937 ACRE TRACT OF LAND THE FOLLOWING SIX (6) CALLS: 1) NORTH 22058'33" WEST, A DISTANCE OF 1,518.97 FEET TO A POINT FOR CORNER; 2) NORTH 78059'13" EAST, A DISTANCE OF 475.59 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 3) NORTHEASTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 16057'22" FOR AN ARC LENGTH OF 325.53 FEET, A CHORD BEARING OF NORTH 70030'32" EAST AND A CHORD DISTANCE OF 324.35 FEET TO THE POINT OF TANGENCY; 4) NORTH 6200F51" EAST, A DISTANCE OF 1,021.71 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,000.00 FEET; 5) NORTHEASTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 51001' 12" FOR AN ARC LENGTH OF 890.47 FEET, A CHORD BEARING OF NORTH 36031'15" EAST AND A CHORD DISTANCE OF 861.34 FEET TO A POINT FOR CORNER; 6) SOUTH 89°53'05" EAST, A DISTANCE OF 1,316.70 FEET TO A POINT FOR CORNER IN THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 121; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY, THE FOLLOWING FOUR (4) CALLS: 1) SOUTH 55006'09" WEST, A DISTANCE OF 412.72 FEET TO A POINT FOR CORNER; 2) SOUTH 47009'45" WEST, A DISTANCE OF 2,000.00 FEET TO A POINT FOR CORNER; 3) SOUTH 39013'20" WEST, A DISTANCE OF 767.36 FEET TO A POINT FOR CORNER; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 11 of 31 Chisholm Trail Ranch 4) SOUTH 47°09'45" WEST, A DISTANCE OF 846.93 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 3,003,648 SQUARE FEET OR 68.954 ACRES OF LAND, MORE OR LESS. Coneeut Plan (CP-16-005). TRACT 4 (73.361 ACRES) BEING A 73.361 ACRE TRACT OF LAND SITUATED IN THE JUAN JOSE ALBIRADO SURVEY ABSTRACT NO. 4, THE JOHN H. BOSTICK SURVEY, ABSTRACT NO. 195, TARRANT COUNTY TEXAS AND BEING A PORTION OF A CALLED 701.937 ACRE TRACT OF LAND DESIGNATED AS "TRACT 2A" IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 73.361 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHEAST CORNER OF SAID 701.937 ACRE TRACT OF LAND SAME BEING THE NORTHEAST CORNER OF THAT CALLED 226.469 ACRE TRACT OF LAND DESIGNATED AS "TRACT ONE" IN THE DEED WITHOUT WARRANTY TO CHESAPEAKE LAND DEVELOPMENT COMPANY, L.L.C. RECORDED IN COUNTY CLERK'S FILE NUMBER D210208370, O.P.R.T.C.T. AND BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 121, ALSO KNOWN AS CHISHOLM TRAIL PARKWAY, (A VARIABLE WIDTH PUBLIC RIGHT- OF-WAY) AS DESCRIBED 1N THE DEED TO THE STATE OF TEXAS RECORDED IN COUNTY CLERK'S FILE NUMBER D207135727, O.P.R.T.C.T., AND BEING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS POINT WHICH BEARS SOUTH 81°02'31" EAST, A DISTANCE OF 5,849.58 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 34043' 18" FOR AN ARC LENGTH OF 3,544.88 FEET, A CHORD BEARING OF NORTH 19°44'38" EAST AND A CHORD DISTANCE OF 3,490.89 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE OVER AND ACROSS SAID 701.937 ACRE TRACT OF LAND THE FOLLOWING NINE (9) CALLS: 1) NORTH 52°54'31" WEST, A DISTANCE OF 1,809.36 FEET TO A POINT FOR CORNER; 2) NORTH 37°05'29" EAST, A DISTANCE OF 173.63 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100.00 FEET; 3) NORTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 25051'27" FOR AN ARC LENGTH OF 496.43 FEET, A CHORD Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 12 of 31 Chisholm Trail Ranch BEARING OF NORTH 50001' 12" EAST AND A CHORD DISTANCE OF 492.23 FEET TO THE POINT OF TANGENCY; 4) NORTH 62°56'56" EAST, A DISTANCE OF 202.29 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 5) NORTHEASTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 16057' 19" FOR AN ARC LENGTH OF 325.52 FEET, A CHORD BEARING OF NORTH 54028' 17" EAST AND A CHORD DISTANCE OF 324.33 FEET TO THE POINT OF TANGENCY; 6) NORTH 45°59'37" EAST, A DISTANCE OF 504.71 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100.00 FEET; 7) NORTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 32059'34" FOR AN ARC LENGTH OF 633.42 FEET, A CHORD BEARING OF NORTH 62029'25" EAST AND A CHORD DISTANCE OF 624.71 FEET TO THE POINT OF TANGENCY; 8) NORTH 78059'13" EAST, A DISTANCE OF 24.20 FEET TO A POINT FOR CORNER; 9) SOUTH 22058'33" EAST, A DISTANCE OF 1518.97 FEET TO A POINT FOR CORNER IN THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 121; THENCE SOUTH 47009'45" WEST ALONG SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 469.87 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 5,849.58 FEET; THENCE SOUTHWESTERLY CONTINUING ALONG SAID WESTERLY RIGHT-OF- WAY LINE WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10003'27" FOR AN ARC LENGTH OF 1,026.82 FEET, A CHORD BEARING OF SOUTH 42008'01" WEST AND A CHORD DISTANCE OF 1025.50 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 3,195,598 SQUARE FEET OR 73.361 ACRES OF LAND, MORE OR LESS. Coneeut Plan (CP-16-005). TRACT 5 (248.362 ACRES) BEING A 248.362 ACRE TRACT OF LAND SITUATED IN THE STEPHEN WILSON SURVEY, ABSTRACT NO. 1676, THE J.W.HAYNES SURVEY, ABSTRACT NO. 776, THE JOHN H. BOSTICK SURVEY, ABSTRACT NO. 195 AND THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT NO. 4, TARRANT COUNTY, TEXAS AND BEING A PORTION OF A CALLED 701.937 ACRE TRACT OF LAND DESIGNATED AS "TRACT 2A" IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 13 of 31 Chisholm Trail Ranch INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 248.362 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHEAST CORNER OF SAID 701.937 ACRE TRACT OF LAND SAME BEING THE NORTHEAST CORNER OF THAT CALLED 226.469 ACRE TRACT OF LAND DESIGNATED AS "TRACT ONE" IN THE DEED TO CHESAPEAKE LAND DEVELOPMENT COMPANY, L.L.C. RECORDED IN COUNTY CLERK'S FILE NUMBER D210208370, O.P.R.T.C.T. AND BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 121, ALSO KNOWN AS CHISHOLM TRAIL PARKWAY, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AS DESCRIBED IN THE DEED TO THE STATE OF TEXAS RECORDED IN COUNTY CLERK'S FILE NUMBER D207135727, O.P.R.T.C.T.; THENCE, ALONG THE COMMON LINE OF SAID 701.937 ACRE TRACT OF LAND AND SAID 226.469 ACRE TRACT OF LAND, THE FOLLOWING FOURTEEN (14) CALLS: 1) NORTH 83° 00' 43" WEST, A DISTANCE OF 29.52 FEET TO A POINT; 2) SOUTH 02° 19' 58" WEST, A DISTANCE OF 15.05 FEET TO A POINT; 3) NORTH 83° 00' 43" WEST, A DISTANCE OF 136.63 FEET TO A POINT; 4) SOUTH 75° 03' 04" WEST, A DISTANCE OF 708.63 FEET TO A POINT; 5) NORTH 37° 45' 16" WEST, A DISTANCE OF 196.71 FEET TO A POINT; 6) NORTH 87° 29' 11" WEST, A DISTANCE OF 405.68 FEET TO A POINT; 7) NORTH 02° 30' 49" EAST, A DISTANCE OF 34.93 FEET TO A POINT; 8) NORTH 48° 26' 34" WEST, A DISTANCE OF 39.80 FEET TO A POINT; 9) NORTH 87° 29' 11" WEST, A DISTANCE OF 39.80 FEET TO A POINT; 10) SOUTH 41 ° 33' 26" WEST, A DISTANCE OF 34.93 FEET TO A POINT; 11) NORTH 48° 26' 34" WEST, A DISTANCE OF 443.56 FEET TO A POINT; 12) NORTH 84° 1633" WEST, A DISTANCE OF 449.45 FEET TO A POINT; 13) NORTH 45° 40' 23" WEST, A DISTANCE OF 659.50 FEET TO A POINT; 14) NORTH 09° 30' 57" EAST, A DISTANCE OF 566.02 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID COMMON LINE, THE FOLLOWING SEVEN (7) CALLS: 1) NORTH 09° 30' 57" EAST, A DISTANCE OF 141.52 FEET TO A POINT FOR CORNER; 2) NORTH 29° 41' 29" WEST, A DISTANCE OF 867.76 FEET TO A POINT FOR CORNER; 3) NORTH 83° 0717" WEST, A DISTANCE OF 1,017.65 FEET TO A POINT FOR CORNER; 4) NORTH 41° 16' 30" WEST, A DISTANCE OF 566.74 FEET TO A POINT FOR CORNER; 5) NORTH 45° 59' 43" WEST, A DISTANCE OF 221.65 FEET TO A POINT FOR CORNER; 6) NORTH 56° 08' 47" WEST, A DISTANCE OF 592.62 FEET TO A POINT FOR CORNER; 7) NORTH 28° 05' 59" EAST FOR A DISTANCE OF 1961.13 FEET TO A POINT FOR THE MOST WESTERLY NORTHWEST CORNER OF SAID 701.937 ACRE TRACT OF LAND BEING IN THE SOUTH LINE OF A TRACT OF LAND DESIGNATED AS "TRACT NUMBER ONE, PARCEL B" IN THE GIFT DEED TO WESLEY A. DAVIS AND KHRIS DAVIS O'GRADY RECORDED IN COUNTY CLERK'S FILE NUMBER D212254877, O.P.R.T.C.T. AND FROM WHICH A 5/8-INCH IRON ROD FOUND BEARS SOUTH 28002'06" WEST, A DISTANCE OF 0.3 FEET AND ALSO FROM Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 14 of 31 Chisholm Trail Ranch WHICH A 3/4-INCH IRON ROD FOUND FOR THE MOST NORTHERLY NORTHWEST CORNER OF SAID 226.469 ACRE TRACT OF LAND BEING IN THE SOUTHEASTERLY LINE OF AN EASEMENT FOR RAILROAD RIGHT-OF-WAY TO THE GULF, COLORADO AND SANTA FE RAILWAY COMPANY RECORDED IN VOLUME 3142, PAGE 73, D.R.T.C.T., BEARS SOUTH 89°38'04" WEST, A DISTANCE OF 312.89 FEET; THENCE, NORTH 89°38'04" EAST ALONG THE COMMON LINE OF SAID 701.937 ACRE TRACT OF LAND AND SAID PARCEL B, A DISTANCE OF 835.75 FEET TO A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHEAST CORNER OF SAID PARCEL B SAME BEING THE SOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND DESIGNATED AS "TRACT NUMBER ONE, PARCEL A" IN SAID GIFT DEED TO WESLEY A. DAVIS AND KHRIS DAVIS O'GRADY RECORDED IN COUNTY CLERK'S FILE NUMBER D212254877, O.P.R.T.C.T.; THENCE, NORTH 89°24'22" EAST ALONG THE COMMON LINE OF SAID 701.937 ACRE TRACT OF LAND AND SAID PARCEL A, A DISTANCE OF 3,753.40 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER IN OLD GRANBURY ROAD, (COUNTY ROAD NO. 1089, A PUBLIC RIGHT-OF-WAY CALLED TO BE 80-FEET WIDE AT THIS POINT PER TARRANT COUNTY ROAD MAP FOR PROJECT NUMBER 1089, DATED APRIL 4, 1956); THENCE, DEPARTING SAID COMMON LINE OVER AND ACROSS SAID 701.937 ACRE TRACT OF LAND THE FOLLOWING EIGHTEEN (18) CALLS; 1) SOUTH 37° 37' 35" EAST, A DISTANCE OF 121.78 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,489.55 FEET; 2) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 040 44' 06", FOR AN ARC LENGTH OF 123.10 FEET, A CHORD BEARING OF SOUTH 590 44' 32" WEST AND A CHORD DISTANCE OF 123.06 FEET TO A POINT FOR CORNER; 3) SOUTH 620 56' 56" WEST, A DISTANCE OF 220.29 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 4) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 250 51' 27, FOR AN ARC LENGTH OF 496.43 FEET, A CHORD BEARING OF SOUTH 500 OF 12" WEST AND A CHORD DISTANCE OF 492.23 FEET TO A POINT FOR CORNER; 5) SOUTH 37° 05' 29" WEST, A DISTANCE OF 278.03 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100.00 FEET; 6) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 160 23' 13", FOR AN ARC LENGTH OF 314.61 FEET, A CHORD BEARING OF SOUTH 450 1705" WEST AND A CHORD DISTANCE OF 313.54 FEET; 7) SOUTH 53° 28' 42" WEST, A DISTANCE OF 583.95 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 8) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 140 10' 59", FOR AN ARC LENGTH OF 272.29 FEET, A CHORD Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 15 of 31 Chisholm Trail Ranch BEARING OF SOUTH 460 23' 13" WEST AND A CHORD DISTANCE OF 271.60 FEET; 9) SOUTH 39° 17' 43" WEST, A DISTANCE OF 343.93 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 10) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 380 32' 29", FOR AN ARC LENGTH OF 739.94 FEET, A CHORD BEARING OF SOUTH 200 01' 29" WEST AND A CHORD DISTANCE OF 726.07 FEET TO A POINT FOR CORNER; 11) SOUTH 00° 46' 19" WEST, A DISTANCE OF 826.00 FEET TO A POINT FOR CORNER; 12) NORTH 800 44' 22" WEST, A DISTANCE OF 109.11 FEET TO A POINT FOR CORNER; 13) SOUTH 83° 00' 50" WEST, A DISTANCE OF 100.39 FEET TO A POINT FOR CORNER; 14) SOUTH 72° 55' 27" WEST, A DISTANCE OF 91.22 FEET TO A POINT FOR CORNER; 15) SOUTH 63° 29' 50" WEST, A DISTANCE OF 153.15 FEET TO A POINT FOR CORNER; 16) SOUTH 61° 58' 56" WEST, A DISTANCE OF 198.77 FEET TO A POINT FOR CORNER; 17) SOUTH 63° 37' 03" WEST, A DISTANCE OF 259.23 FEET TO A POINT FOR CORNER; 18) SOUTH 50° 5 F 39" WEST, A DISTANCE OF 118.45 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 10,818,648 SQUARE FEET OR 248.362 ACRES OF LAND, MORE OR LESS. Coneeut Plan (CP-16-005), TRACT 6 (63.012 ACRES) BEING A 63.012 ACRE TRACT OF LAND SITUATED IN THE JOHN H. BOSTICK SURVEY, ABSTRACT NO. 195, TARRANT COUNTY, TEXAS AND BEING A PORTION OF A CALLED 701.937 ACRE TRACT OF LAND DESIGNATED AS "TRACT 2A" IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 63.012 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHEAST CORNER OF SAID 701.937 ACRE TRACT OF LAND SAME BEING THE NORTHEAST CORNER OF THAT CALLED 226.469 Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 16 of 31 Chisholm Trail Ranch ACRE TRACT OF LAND DESIGNATED AS "TRACT ONE" IN THE DEED TO CHESAPEAKE LAND DEVELOPMENT COMPANY, L.L.C. RECORDED IN COUNTY CLERK'S FILE NUMBER D210208370, O.P.R.T.C.T. AND BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 121, ALSO KNOWN AS CHISHOLM TRAIL PARKWAY, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AS DESCRIBED IN THE DEED TO THE STATE OF TEXAS RECORDED IN COUNTY CLERK'S FILE NUMBER D207135727, O.P.R.T.C.T.; THENCE, ALONG THE COMMON LINE OF SAID 701.937 ACRE TRACT OF LAND AND SAID 226.469 ACRE TRACT OF LAND, THE FOLLOWING TWELVE (12) CALLS: 1) NORTH 83° 00' 43" WEST, A DISTANCE OF 29.52 FEET TO A POINT; 2) SOUTH 02° 19' 58" WEST, A DISTANCE OF 15.05 FEET TO A POINT; 3) NORTH 83° 00' 43" WEST, A DISTANCE OF 136.63 FEET TO A POINT; 4) SOUTH 75° 03' 04" WEST, A DISTANCE OF 708.63 FEET TO A POINT; 5) NORTH 37° 45' 16" WEST, A DISTANCE OF 196.71 FEET TO A POINT; 6) NORTH 87° 29' 11" WEST, A DISTANCE OF 405.68 FEET TO A POINT; 7) NORTH 02° 30' 49" EAST, A DISTANCE OF 34.93 FEET TO A POINT; 8) NORTH 48° 26' 34" WEST, A DISTANCE OF 39.80 FEET TO A POINT; 9) NORTH 87° 29' 11" WEST, A DISTANCE OF 39.80 FEET TO A POINT; 10) SOUTH 41 ° 33' 26" WEST, A DISTANCE OF 34.93 FEET TO A POINT; 11) NORTH 48° 26' 34" WEST, A DISTANCE OF 443.56 FEET TO A POINT; 12) NORTH 84° 16' 33" WEST, A DISTANCE OF 327.57 FEET TO A POINT; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 701.937 ACRE TRACT OF LAND, THE FOLLOWING FIVE (5) CALLS: 1) NORTH 19° 01' 31" EAST, A DISTANCE OF 165.93 FEET TO A POINT FOR CORNER; 2) NORTH 21° 55' 51" EAST, A DISTANCE OF 110.92 FEET TO A POINT FOR CORNER; 3) NORTH 24° 49' 15" EAST, A DISTANCE OF 436.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 4) NORTHEASTERLY WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 150 23' 31 ", FOR AND ARC LENGTH OF 295.50, A CHORD BEARING OF NORTH 170 0730" EAST AND A CHORD DISTANCE OF 294.62 FEET TO A POINT FOR CORNER; 5) NORTH 090 25' 44" EAST, A DISTANCE OF 203.59 FEET TO THE POINT OF BEGINNING AND BEING THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,624.16 FEET; THENCE, CONTINUING OVER AND ACROSS SAID 701.937 ACRE TRACT OF LAND, THE FOLLOWING EIGHTEEN (18) CALLS: 1) NORTHEASTERLY WITH SAID CURVE TO THE LEFT THROUGH AN ANGLE OF 090 50' 56", FOR AN ARC LENGTH OF 279.19 FEET, A CHORD BEARING OF NORTH 060 50' 32" EAST AND A CHORD DISTANCE OF 278.84 FEET TO A POINT FOR CORNER; 2) NORTH 000 45' 14" EAST, A DISTANCE OF 815.12 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100.00 FEET; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 17 of 31 Chisholm Trail Ranch 3) NORTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 380 32' 29", FOR AN ARC LENGTH OF 739.94 FEET, A CHORD BEARING OF NORTH 200 01' 29" EAST AND A CHORD DISTANCE OF 726.07 FEET TO A POINT FOR CORNER; 4) NORTH 39° 17' 43" EAST, A DISTANCE OF 343.93 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100.00 FEET; 5) NORTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 140 10' 59", FOR AN ARC LENGTH OF 272.29 FEET, A CHORD BEARING OF NORTH 460 23' 13" EAST AND A CHORD DISTANCE OF 271.60 FEET TO A POINT FOR CORNER; 6) NORTH 530 28' 42" EAST, A DISTANCE OF 583.95 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,048.34 FEET; 7) NORTHEASTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 170 12' 02", FOR AN ARC LENGTH OF 314.72 FEET, A CHORD BEARING OF NORTH 450 IT 05" EAST AND A CHORD DISTANCE OF 313.54 FEET TO A POINT FOR CORNER; 8) NORTH 370 05' 29" EAST, A DISTANCE OF 104.41 FEET TO A POINT FOR CORNER; 9) SOUTH 520 54' 31" EAST, A DISTANCE OF 585.00 FEET TO A POINT FOR CORNER; 10) SOUTH 37° 05' 29" WEST, A DISTANCE OF 166.97 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 500.00 FEET; 11) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 210 43' 51 ", FOR AN ARC LENGTH OF 189.64 FEET, A CHORD BEARING OF S SOUTH 260 13' 33" WEST AND A CHORD DISTANCE OF 188.50 FEET TO A POINT FOR CORNER; 12) SOUTH 15° 21' 38" WEST, A DISTANCE OF 133.43 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET; 13) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 200 20' 20", FOR AN ARC LENGTH OF 177.49 FEET, A CHORD BEARING OF SOUTH 250 31' 48" WEST AND A CHORD DISTANCE OF 176.56 FEET TO A POINT FOR CORNER; 14) SOUTH 35° 41' 58" WEST, A DISTANCE OF 252.58 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,000.00 FEET; 15) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 110 53' 34", FOR AN ARC LENGTH OF 207.57 FEET, A CHORD BEARING OF SOUTH 290 45' 10" WEST AND A CHORD DISTANCE OF 207.20 FEET TO A POINT FOR CORNER; 16) SOUTH 23° 48' 23" WEST, A DISTANCE OF 1,308.94 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 650.00 FEET; 17) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 750 37' 21 ", FOR AN ARC LENGTH OF 857.91 FEET, A CHORD BEARING OF SOUTH 610 37' 04" WEST AND A CHORD DISTANCE OF 796.98 FEET TO A POINT FOR CORNER; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 18 of 31 Chisholm Trail Ranch 18) NORTH 80° 34' 16" WEST, A DISTANCE OF 155.64 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 2,744,795 SQUARE FEET OR 63.012 ACRES OF LAND, MORE OR LESS. Coneeut Plan (CP-16-005), TRACT 8 (20.807 ACRES) BEING A 20.807 ACRE TRACT OF LAND SITUATED IN THE J.M. MUHLINGHAUS SURVEY, ABSTRACT NO. 1157 AND THE JOHN H. BOSTICK SURVEY, ABSTRACT NO. 195, TARRANT COUNTY, TEXAS AND BEING A PORTION OF A CALLED 701.937 ACRE TRACT OF LAND DESIGNATED AS "TRACT 2A" IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 20.807 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHEAST CORNER OF SAID 701.937 ACRE TRACT OF LAND SAME BEING THE NORTHEAST CORNER OF THAT CALLED 226.469 ACRE TRACT OF LAND DESIGNATED AS "TRACT ONE" IN THE DEED TO CHESAPEAKE LAND DEVELOPMENT COMPANY, L.L.C. RECORDED IN COUNTY CLERK'S FILE NUMBER D210208370, O.P.R.T.C.T. AND BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 121, ALSO KNOWN AS CHISHOLM TRAIL PARKWAY, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AS DESCRIBED IN THE DEED TO THE STATE OF TEXAS RECORDED IN COUNTY CLERK'S FILE NUMBER D207135727, O.P.R.T.C.T.; THENCE, ALONG THE COMMON LINE OF SAID 701.937 ACRE TRACT OF LAND AND SAID 226.469 ACRE TRACT OF LAND, THE FOLLOWING TWELVE (12) CALLS: 1) NORTH 83° 00' 43" WEST, A DISTANCE OF 29.52 FEET TO A POINT FOR CORNER; 2) SOUTH 02° 19' 58" WEST, A DISTANCE OF 15.05 FEET TO A POINT FOR CORNER; 3) NORTH 83° 00' 43" WEST, A DISTANCE OF 136.63 FEET TO A POINT FOR CORNER; 4) SOUTH 75° 03' 04" WEST, A DISTANCE OF 708.63 FEET TO A POINT FOR CORNER; 5) NORTH 37° 45' 16" WEST, A DISTANCE OF 196.71 FEET TO A POINT FOR CORNER; 6) NORTH 87° 29' 11" WEST, A DISTANCE OF 405.68 FEET TO A POINT FOR CORNER; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 19 of 31 Chisholm Trail Ranch 7) NORTH 02° 30' 49" EAST, A DISTANCE OF 34.93 FEET TO A POINT FOR CORNER; 8) NORTH 48° 26' 34" WEST, A DISTANCE OF 39.80 FEET TO A POINT FOR CORNER; 9) NORTH 87° 29' 11" WEST, A DISTANCE OF 39.80 FEET TO A POINT FOR CORNER; 10) SOUTH 41 ° 33' 26" WEST, A DISTANCE OF 34.93 FEET TO A POINT FOR CORNER; 11) NORTH 48° 26' 34" WEST, A DISTANCE OF 443.56 FEET TO A POINT FOR CORNER; 12) NORTH 84° 16' 33" WEST, A DISTANCE OF 327.57 FEET TO THE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID COMMON LINE THE FOLLOWING THREE (3) CALLS; 1) NORTH 84° 16' 33" WEST, A DISTANCE OF 121.88 FEET TO A POINT FOR CORNER; 2) NORTH 45° 40' 23" WEST, A DISTANCE OF 659.50 FEET TO A POINT FOR CORNER; 3) NORTH 09° 30' 57" EAST, A DISTANCE OF 566.02 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 701.937 ACRE TRACT OF LAND, THE FOLLOWING THIRTEEN (13) CALLS: 1) NORTH 50° 51' 39" EAST, A DISTANCE OF 118.45 FEET TO A POINT FOR CORNER; 2) NORTH 63° 37' 03" EAST, A DISTANCE OF 259.23 FEET TO A POINT FOR CORNER; 3) NORTH 61° 58' 56" EAST, A DISTANCE OF 198.77 FEET TO A POINT FOR CORNER; 4) NORTH 63° 29' 50" EAST, A DISTANCE OF 153.15 FEET TO A POINT FOR CORNER; 5) NORTH 72° 55' 27" EAST, A DISTANCE OF 91.22 FEET TO A POINT FOR CORNER; 6) NORTH 83° 00' 50" EAST, A DISTANCE OF 100.39 FEET TO A POINT FOR CORNER; 7) SOUTH 80° 44' 22" EAST, A DISTANCE OF 109.11 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,042.45 FEET; 8) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 070 00' 23", FOR AN ARC LENGTH OF 127.48 FEET, A CHORD BEARING OF SOUTH 040 32' 59" WEST AND A CHORD DISTANCE OF 127.40 FEET TO A POINT FOR CORNER; 9) SOUTH 090 16' 56" WEST, A DISTANCE OF 140.82 FEET TO A POINT FOR CORNER; 10) SOUTH 09° 25' 44" WEST, A DISTANCE OF 203.59 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100 FEET; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 20 of 31 Chisholm Trail Ranch 11) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 150 23' 31 ", FOR AN ARC LENGTH OF 295.50 FEET, A CHORD BEARING OF SOUTH 170 0730" WEST AND A CHORD DISTANCE OF 294.62 FEET; 12) SOUTH 24° 49' 15" WEST, A DISTANCE OF 436.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 2,729.83 FEET; 13) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 050 48' 41 ", FOR AN ARC LENGTH OF 276.88 FEET, A CHORD BEARING OF SOUTH 200 11' 22" WEST AND A CHORD DISTANCE OF 276.76 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 906,361 SQUARE FEET OR 20.807 ACRES OF LAND, MORE OR LESS. Concept Plan (CP-16-005), TRACT 9 (45.437 ACRES) BEING A 45.437 ACRE TRACT OF LAND SITUATED IN THE JUAN JOSE ALVIRADO SURVEY, ABSTRACT NO. 4, THE J.M. MUHLINGHAUS SURVEY, ABSTRACT NO. 1157 AND THE JOHN H. BOSTICK SURVEY, ABSTRACT NO. 195, TARRANT COUNTY, TEXAS AND BEING A PORTION OF A CALLED 701.937 ACRE TRACT OF LAND DESIGNATED AS "TRACT 2A" IN A DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.); SPECIAL WARRANTY DEEDS FROM WALTON TEXAS, LP, TO WUSF 4 ROCK CREEK, LP, RECORDED IN INSTRUMENT NUMBER D214146609 AND D214146610, O.P.R.T.C.T. (95% INTEREST) AND A SPECIAL WARRANTY DEED FROM WUSF 4 ROCK CREEK, LP, TO WALTON TEXAS LP, RECORDED IN INSTRUMENT NUMBER D214117624, O.P.R.T.C.T. (5% INTEREST), SAID 45.437 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8-INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY" FOUND FOR THE SOUTHEAST CORNER OF SAID 701.937 ACRE TRACT OF LAND SAME BEING THE NORTHEAST CORNER OF THAT CALLED 226.469 ACRE TRACT OF LAND DESIGNATED AS "TRACT ONE" IN THE DEED TO CHESAPEAKE LAND DEVELOPMENT COMPANY, L.L.C. RECORDED IN COUNTY CLERK'S FILE NUMBER D210208370, O.P.R.T.C.T. AND BEING IN THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 121, ALSO KNOWN AS CHISHOLM TRAIL PARKWAY, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AS DESCRIBED IN THE DEED TO THE STATE OF TEXAS RECORDED IN COUNTY CLERK'S FILE NUMBER D207135727, O.P.R.T.C.T.; THENCE, ALONG THE COMMON LINE OF SAID 701.937 ACRE TRACT OF LAND AND SAID 226.469 ACRE TRACT OF LAND, THE FOLLOWING TWELVE (12) CALLS: 1) NORTH 83° 00' 43" WEST, A DISTANCE OF 29.52 FEET TO A POINT FOR CORNER; 2) SOUTH 02° 19' 58" WEST, A DISTANCE OF 15.05 FEET TO A POINT FOR CORNER; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 21 of 31 Chisholm Trail Ranch 3) NORTH 83° 00' 43" WEST, A DISTANCE OF 136.63 FEET TO A POINT FOR CORNER; 4) SOUTH 75° 03' 04" WEST, A DISTANCE OF 708.63 FEET TO A POINT FOR CORNER; 5) NORTH 37° 45' 16" WEST, A DISTANCE OF 196.71 FEET TO A POINT FOR CORNER; 6) NORTH 87° 29' 11" WEST, A DISTANCE OF 405.68 FEET TO A POINT FOR CORNER; 7) NORTH 02° 30' 49" EAST, A DISTANCE OF 34.93 FEET TO A POINT FOR CORNER; 8) NORTH 48° 26' 34" WEST, A DISTANCE OF 39.80 FEET TO A POINT FOR CORNER; 9) NORTH 87° 29' 11" WEST, A DISTANCE OF 39.80 FEET TO A POINT FOR CORNER; 10) SOUTH 41° 33' 26" WEST, A DISTANCE OF 34.93 FEET TO A POINT FOR CORNER; 11) NORTH 48° 26' 34" WEST, A DISTANCE OF 443.56 FEET TO A POINT FOR CORNER; 12) NORTH 84° 16' 33" WEST, A DISTANCE OF 327.57 FEET TO A POINT FOR CORNER; THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID 701.937 ACRE TRACT OF LAND, THE FOLLOWING NINE (9) CALLS: 1) NORTH 19° 01' 31" EAST, A DISTANCE OF 165.93 FEET TO A POINT FOR CORNER; 2) NORTH 21° 55' 51" EAST, A DISTANCE OF 110.92 FEET TO A POINT FOR CORNER; 3) NORTH 24° 49' 15" EAST, A DISTANCE OF 436.53 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 4) NORTHEASTERLY WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 150 23' 31 ", FOR AND ARC LENGTH OF 295.50, A CHORD BEARING OF NORTH 170 07' 30" EAST AND A CHORD DISTANCE OF 294.62 FEET TO A POINT FOR CORNER; 5) NORTH 09° 25' 44" EAST, A DISTANCE OF 203.59 FEET TO A POINT FOR CORNER; 6) SOUTH 80° 34' 16" EAST, A DISTANCE OF 155.64 FEET TO POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 650.00 FEET; 7) NORTHEASTERLY WITH SAID CURVE TO THE LEFT, THROUGH AN ANGLE OF 260 29' 36", FOR AN ARC LENGTH OF 300.56 FEET, A CHORD BEARING OF NORTH 860 10' 56" EAST, AND A CHORD DISTANCE OF 297.89 FEET TO A POINT FOR CORNER; 8) SOUTH 17° 03' 51" EAST, A DISTANCE OF 674.36 FEET TO A POINT FOR CORNER; 9) SOUTH 810 03' 32" EAST, A DISTANCE OF 1157.78 FEET TO THE POINT OF CURVATURE OF A NON -TANGENT CURVE TO THE LEFT IN THE AFOREMENTIONED WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 22 of 31 Chisholm Trail Ranch 121, SAID CURVE HAVING A RADIUS POINT WHICH BEARS 671.25 FEET, A DISTANCE OF 5849.58 FEET; THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT-OF-WAY LINE, WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 060 34' 29", A CHORD BEARING OF SOUTH 05° 40' 14" WEST, AND A CHORD DISTANCE OF 670.88 FEET TO THE POINT OF BEGINNING CONTAINING A COMPUTED AREA OF 1,979,257 SQUARE FEET OR 45.437 ACRES OF LAND, MORE OR LESS. Concept Plan (CP-16-005), TRACT 17 (94.461 ACRES) BEING A 94.461 ACRE TRACT OF LAND SITUATED IN THE JUAN JOSE ALBIRADO SURVEY ABSTRACT NO. 4, THE JOHN H. BOSTICK SURVEY, ABSTRACT NO. 195 AND THE J M MUHLINGHAUS SURVEY ABSTRACT NO. 1157, TARRANT COUNTY TEXAS AND BEING A PORTION OF A CALLED 701.937 ACRE TRACT OF LAND DESIGNATED AS "TRACT 2A" IN THE DEED WITHOUT WARRANTY FROM THE STATE OF TEXAS TO WUSF 4 ROCK CREEK, LP, RECORDED IN COUNTY CLERK'S FILE NUMBER D214115889, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.), SAID 94.461 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A PK NAIL WITH A WASHER STAMPED "BURY" FOUND FOR THE NORTHWEST CORNER OF SAID 701.937 ACRE TRACT OF LAND, SAME BEING THE SOUTHWEST CORNER OF THAT CALLED 13.703 ACRE TRACT OF LAND DESCRIBED TO TEXAS ELECTRIC SERVICE COMPANY IN THE WARRANTY DEED RECORDED IN VOLUME 3569, PAGE 410 DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.) AND BEING IN THE APPROXIMATE CENTERLINE OF OLD GRANBURY ROAD, (COUNTY ROAD NO. 1089, A PUBLIC RIGHT-OF-WAY CALLED TO BE 80-FEET WIDE AT THIS POINT PER TARRANT COUNTY ROAD MAP FOR PROJECT NUMBER 1089, DATED APRIL 4, 1956); THENCE, SOUTH 89°53'06" EAST ALONG THE COMMON LINE OF SAID 701.937 ACRE TRACT OF LAND AND SAID 13.703 ACRE TRACT OF LAND, A DISTANCE OF 3,385.68 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,000.00 FEET; THENCE, DEPARTING SAID COMMON LINE, THE FOLLOWING EIGHT (8) CALLS: 1) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 51 001' 12" FOR AN ARC LENGTH OF 890.47 FEET, A CHORD BEARING OF SOUTH 36031'15" WEST AND A CHORD DISTANCE OF 861.34 FEET TO A POINT FOR CORNER; 2) SOUTH 62'01'51" WEST, A DISTANCE OF 1,021.71 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100.00 FEET; 3) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 16057'22" FOR AN ARC LENGTH OF 325.53 FEET, A CHORD BEARING OF SOUTH 70030'32" WEST AND A CHORD DISTANCE OF 324.35 FEET TO A POINT FOR CORNER; Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 23 of 31 Chisholm Trail Ranch 4) SOUTH 78°59'13" WEST, A DISTANCE OF 499.79 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 1,100.00 FEET; 5) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 32059'35" FOR AN ARC LENGTH OF 633.42 FEET, A CHORD BEARING OF SOUTH 62029'25" WEST AND A CHORD DISTANCE OF 624.71 FEET TO A POINT FOR CORNER; 6) SOUTH 45°59'37" WEST, A DISTANCE OF 504.71 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,100.00 FEET; 7) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 10032'31" FOR AN ARC LENGTH OF 202.39 FEET, A CHORD BEARING OF SOUTH 51 ° 15'53" WEST AND A CHORD DISTANCE OF 202.10 FEET TO A POINT FOR CORNER; 8) NORTH 37037'35" WEST, A DISTANCE OF 121.78 FEET TO A 1/2-INCH IRON ROD FOUND FOR CORNER IN THE AFOREMENTIONED OLD GRANBURY ROAD; THENCE, NORTH 00°42'21" WEST ALONG A WEST LINE OF SAID 701.937 ACRE TRACT OF LAND WITH SAID OLD GRANBURY ROAD, A DISTANCE OF 2,051.25 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 4,114,733 SQUARE FEET OR 94.461 ACRES OF LAND, MORE OR LESS. Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 24 of 31 Chisholm Trail Ranch EXHIBIT B-1: MAP OF PROPERTY Chisolm Trail Ranch Section 3 Preliminary Plat, PP-19-056 M= Rock Creek Ranch Area Dl eve J nent Concept Plan, CP-16-005 Tracts 1-6, 8, 9, and 17) only LW I Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 25 of 31 Chisholm Trail Ranch EXHIBIT C-2: DEVELOPMENT PLAN Chisolm Trail Ranch Section 3 Preliminary Plat, PP- 19-056 I.�.. mor�.c.nwraEa . ........................a oo�.e. ""'—. v ES I Let yy . ��� M�EPIL�GE�®OMwe wrt mFNA!, LLC LEA PNGINEERNG 3 VICINITY MAP TPR'A Ear a a 3 is ........ i -` 7i • E�ti•,>• �.. „gym' PRELMN YILAT CNLSNCSEMON 3RANCN SECTION 3 Rock Creek Ranch Area Development Concept Plan, CP-16-005 (Tracts 1-6, 8, 9, and 17) only NOTES. Area Development Concept Plan Rock Creek Ranch ".... ........ ...mom ��..,.... �.E ��.., �.� m,r m�...r«nnwr•.e®.w - � 1 "��' �zAC.YL0. --_ ma ......—.v.�.—...�.—.........—......v.x— _. _._ LEGEND _ O a.a...e.��% m..............r...... .'. _ 73 14 1 u. Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 26 of 31 Chisholm Trail Ranch Fox Ha T11— Chisolm Trail Ranch Ph 3 Eligible Transportation Improvements for Credit EXHIBIT D-2 against Transportation Impact Fees AMENDMENT Key — Development Plan Area + e rex — Additional Roadway Construction — Right -of -Way Dedication & ' Construction WAJY += FREFGHT A + o ti TRAM WA� � w CL �" Z C0 0' X 4 Al fl tiTEW4'AR£" �� 'FELTS 4 n„ LIKOVER � M —IN fyel row IRT FEt TZ aVOLIN ,,CWTLA W 1.ADYTOWPW FOGATA r � a e� + Eligible Improvements Reference # Limits Brewer Road FP-18-004 Right -of -Way Dedication CSCO 53322 CPN 101459 Construction McPherson Blvd CPN 103826 CSCO 58535 CFA22-0143 IPRC22-0055 Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Chisholm Trail Ranch Construction — Paving, Drainage, Street Lights Page 27 of 31 EXHIBIT E-1: AMENDMENT Chisolm Trail Ranch, Phase 3 Transportation Impact Fee Credit Overview TrIF Eligible Community Facilities Agreement Construction City Secretary # CFA/CPN # Eligible Arterial 58535 CFA22-0143 McPherson CPN 103826 Engineering, Surveying, and Material Testing — 20% of eligible construction cost Value $993,926.00 $198,785.20 Additional Transportation Impact Fee Credit for Meritage Homes of Texas LLC, and GRBK Edgewood LLC, only, $1,192,711.20 within plat boundary area: PP-19-056 Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 28 of 31 Chisholm Trail Ranch Paving Item Description Unit Eligible Completed Unit Price No. Quantity Q Y Quantity Q Y Credit Available 1 10" REINFORCED CONCO PVMT SY 8,200 8,200 $ 78.00 $ 639,600.00 2 8" LIME TREATMENT SY 88,474 8,874 $ 4.00 $ 35,496.00 3 REMOVE SIDEWALK SF 1,770 1,770 $ 2.00 $ 3,540.00 4 HYDRATED LIME (36#/SY PER TN 160 160 $ 215.00 $ 34,400.00 GEOTECH) 5 FURNISH/INSTALL ALUM SIG GROUND EA 3 3 $ 750.00 $ 2,250.00 6 8.5" YHIVK YYPR "DD" & "B" SF 1,347 1,347 $ 10.00 $ 13,470.00 TEMPORARY 7 LANE LEGEND ARROW EA 3 3 $ 500.00 $ 1,500.00 8 FURNISH/INSTALL ALUM SIG GROUND EA 1 1 $ 750.00 $ 750.00 9 4" CONC SIDEWALK SF 21,467 21,467 $ 4.00 $ 85,868.00 10 TOPSOIL CY 938 938 $ 24.00 $ 22,512.00 11 BLOCK SOD PLACEMENT SY 5,626 5,626 $ 8.00 $ 45,008.00 12 TYPE III BARRICADE EA 1 1 $ 1,000.00 $ 1,000.00 13 4" SLD PVMT MARKING HAS (W) LF 345 345 $ 2.00 $ 690.00 Paving $ 886,084.00 Subtotal Storm Drain Item Eligible Completed Description Unit Unit Price No. Quantity Quantity Credit Available Pr 1 Trench Safety LF 426 426 $ 4.00 $ 1,704.00 2 24" Straight Headwall, 1 Pepe EA 1 1 $ 3,500.00 $ 3,500.00 3 Remove 4'Grate Inlet EA 1 1 $ 1,500.00 $ 1,500.00 4 10' Curb Inlet EA 1 1 $ 3,600.00 $ 3,600.00 5 15' Curb Inlet EA 1 1 $ 4,600.00 $ 4,600.00 6 4' Drop Inlet EA 1 1 $ 6,000.00 $ 6,000.00 7 4' Storm Junction Box EA 2 2 $ 6,500.00 $ 13,000.00 8 21" RCP, Class III LF 155 155 $ 68.00 $ 10,540.00 9 24" RCP, Class III LF 25 25 $ 85.00 $ 2,125.00 10 30" RCP, Class III LF 246 246 $ 88.00 $ 21,648.00 Storm Drain Subtotal $ 68,217.00 Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 29 of 31 Chisholm Trail Ranch Street Light Improvements Item Description Unit Quantity Eligible Unit Price No. Quantity Credit Available 1 Type R2 Lumi na i re EA 10 10 $ 850.00 $ 8,500.00 2 Type 33A Arm EA 6 6 $ 500.00 $ 3,000.00 3 Rdwy Ilium Foundation TY 3 EA 3 3 $ 1,500.00 $ 4,500.00 4 Rdwy Illum TY 18 Pole EA 3 3 $ 2,200.00 $ 6,600.00 5 2" Condt PVC Sch 80 (T) LF 1135 1,135 $ 15.00 $ 17,025.00 Street Lights Subtotal $ 39,625.00 Paving Subtotal $ 886,084.00 Storm Drain Subtotal $ 68,217.00 Street Lights Subtotal $ 39,625.00 CONSTRUCTION SUBTOTAL $993,926.00 Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 30 of 31 Chisholm Trail Ranch EXHIBIT F-2: AMENDMENT TO ALLOCATION OF CREDITS Allocation of Credits will be on a first- come/ first- served basis within the boundaries of the documents listed below and shall run with the land. *Totals do not account for existing demand for credit applied* PLAT NUMBER ENTITY CREDIT ALLOCATION Meritage Homes of Texas LLC CSCO 55322-A2: $1,017,450.00 PP-19-056 and GRBK Edgewood LLC This agreement: $1,192,711.20 Total: $2,210,161.20 CP-16-005 (Tracts 1-6, 8, 9, WUSF 4 Rock Creek, LP CSCO 55322-A2: $576,826.92 and 17) Transportation Impact Fee Credit Agreement- CA-20-2013-A3/CA-23-005 Page 31 of 31 Chisholm Trail Ranch