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HomeMy WebLinkAboutContract 48053 CITY SECRUAffif CONTRACT No.:-qS-053 PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT BODYCOTE THERMAL PROCESSING,INC. and CITY OF FORT WORTH,TEXAS WHEREAS, Bodycote Thermal Processing, Inc., a Delaware corporation and a wholly- owned subsidiary of Bodycote USA, Inc., with authority to do business in the State of Texas, located at 2005 Montgomery Street,Fort Worth,Tarrant County, Texas 76107(variously referred to as the "Seller," or "Grantor," or "Bodycote") is the fee simple owner of that certain real property described in the attached Exhibit"A"(the"Real Property")and all buildings,structures and other improvements thereon (collectively with the Real Property, the "Subject Property"), and has agreed to sell the Subject Property to the City of Fort Worth,Texas; WHEREAS, the City of Fort Worth,Texas, a home rule municipal corporation organized under the laws of the State of Texas, 1000 Throckmorton, Fort Worth, Tarrant County, Texas 76102 (variously referred to as the"Buyer,"or"Grantee,"or"City"), has agreed to purchase the Subject Property from Seller; WHEREAS,the City(as the"Landlord"),has also agreed to lease back to Bodycote the Subject Property,together with existing improvements, on the lease terms and conditions agreed and stated in this Agreement; WHEREAS,Bodycote(as the"Tenant"), has also agreed to lease back from the City the Subject Property,together with existing improvements,on the lease terms and conditions agreed and stated in this Agreement; and WHEREAS, Bodycote and the City enter into this Purchase and Sale and Temporary Possession Lease Agreement (this "Agreement") with the promises by Bodycote and the City stated in this Agreement as the consideration for the formation of this Agreement. IT IS,THEREFORE, AGREED: 1. Bodycote shall convey to the City the Subject Property and any rights,titles,estates,and interests of Bodycote in and to adjacent streets,easements,alleys, and rights of way in,on, in front of, abutting or adjoining the Subject Property, by the terms and conditions of a "Special Warranty Deed," in the form and according to the terms of the"Special Warranty Deed" attached hereto as Exhibit "B" (the "Deed"). At the expiration of the Term (hereinafter defined),but not prior thereto, the Subject Property shall also include any and all personal property, fixtures and equipment of Bodycote located on the Real Property or within any improvements located on the Real Property at the expiration of the Term(the "Remaining Property"). 2. The City shall pay Bodycote Six Million Nine Hundred Ninety-Five Thousand and no/100— n Dollars($6,995,000.00) as the real property purchase price(the"Real Property Purchase. -n 1 Price")by wire transfer to the Alamo Title Company,in trust for Bodycote,at the Closing -� n (as defined in Section 3 of this Agreement). —1 0 0 PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page I of I >C AUG a(MiCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS P AP ifY OF FONORTff CRYSEGREfARY 3. The closing shall occur within 3 calendar days of Bodycote providing written notice to the City of Bodycote's desire to close the transaction,but, in no event, later than 5:00 o'clock, p.m., CDT, July 11, 2016 (the "Closing"). The Closing will occur at Alamo Title Company, 2900 S. Hulen, Suite 30,Fort Worth,Texas 76109, or the Closing may also take place by mail or other means as mutually agreed in writing by the Seller and Buyer. Closing shall be subject to and conditioned upon delivery by Bodycote and City, respectively, of all items listed in Sections 5 and 6 of this Agreement, including, for the avoidance of doubt, the entire Real Property Purchase Price. 4. Title Policy. At the Closing, and as a condition to closing, City shall have, at City's sole cost and expense, received a Commitment for Title Insurance ("Title Commitment") covering the Subject Property setting forth the status of the title of the Subject Property, showing all encumbrances and other matters determined by the issuer thereof to affect the title to the Subject Property and binding the Title Company to issue a Texas Owner's Policy of Title Insurance on the standard form prescribed by the Texas State Board of Insurance at the Closing, in the full amount of the Real Property Purchase Price and dated effective as of the date and time of Closing, insuring Buyer's fee simple title to the Subject Property to be good and indefeasible (the "Title Policy"). 5. At Closing Bodycote shall do the following: a. Execute and deliver the Deed; b. Deliver this Agreement executed by a duly authorized representative of Bodycote as Seller and Tenant; c. Deliver to Purchaser an executed affidavit in accordance with the provisions of Section 1445 of the Internal Revenue Code of 1986, as amended, certifying that Seller is not subject to the respective withholding provisions; d. Execute and deliver (or, where applicable, obtain for delivery) to the Title Company any other instruments reasonably necessary to close this Agreement which sellers customarily execute or obtain for title companies and escrow agents, including (without limitation) an affidavit as to debts, liens, and possession reasonably acceptable to the Title Company for the issuance of the Title Policy as contemplated herein; e. Deliver to Title Company evidence reasonably satisfactory to the Title Company that the Closing is authorized by all necessary organizational action of Seller and that the person executing the closing, documents on behalf of Seller has full right, power and authority to do so; and f. Execute and deliver any and all documents reasonably required to convey the Subject Property to the City free and clear of all encumbrances except those encumbrances set forth in the Title Commitment issued by the Title Company prior to Closing. 6. At Closing the City shall deliver the following items: a. Real Property Purchase Price; b. This Agreement executed by a duly authorized representative of the City as Buyer and Landlord; and PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 2 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH, TEXAS Dm236836v 1 c. Payment of all Closing costs and title insurance premiums but not Bodycote's attorney's fees or the cost of any releases of encumbrances placed on the Subject Property by Bodycote. 7. General real estate taxes for calendar year 2016 and special assessments(if any) applicable to calendar year 2016 shall be prorated as of the Closing date based on the 2015 tax bill, with such proration to be adjusted in cash between the parties, based on actual taxes or assessments for calendar year 2016 at the time such actual taxes or assessments are determined. 8. Bodycote shall continue to own and has the right to remove or salvage all items, fixtures, furniture, files, and equipment located on the Subject Property until December 31,2016. Effective as of January 1, 2017, Bodycote hereby and herein sells, transfers, sets over, and conveys all Remaining Property located on the Subject Property to the City and Bodycote expressly disclaims any and all interest in the Remaining Property as of January 1,2017. Bodycote warrants that it is the lawful owner of the Remaining Property and that the Remaining Property is free and clear of all liens, security agreements,claims, demands and charges. The Remaining Property transferred to the City pursuant to this paragraph is accepted by the City AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED, EXCEPT FOR TITLE, IT BEING THE INTENTION OF BODYCOTE AND THE CITY TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES,EXCEPT TITLE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY CONVEYED HEREUNDER, OR BY ANY SAMPLE OR MODEL THEREOF, AND ALL OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE TEXAS UNIFORM COMMERCIAL CODE. 9. The City shall accept the Subject Property "AS IS" and assumes any environmental remediation liability required by lawful,non-appealable order issued after the Closing and hereby releases Bodycote from any and all claims, demands, and causes of action by the City related to any environmental condition or alleged environmental contamination that exists (i) as of the Closing, and (ii) that exists as of the end of the Term, except for any environmental condition resulting from Bodycote's acts outside of the Ordinary Course of Business (hereinafter defined) occurring after Closing during the Term of the Temporary Possession Lease (hereinafter defined). For purposes of this Agreement, "Ordinary Course of Business"shall mean the ordinary course of Bodycote's business conducted at the Subject Property during the thirty-six(36)months prior to the date of this Agreement. Nothing herein shall require the City to indemnify, hold harmless, or otherwise to reimburse Bodycote from or for third-party claims related to or arising out of Bodycote's prior use and ownership of the Subject Property. EXCEPT AS PROVIDED IN THIS AGREEMENT OR IN THE DEED OR OTHER CLOSING DOCUMENTS, CITY SPECIFICALLY ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 3 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v1 EXPRESS OR IMPLIED, FROM BODYCOTE AS TO ANY MATTERS CONCERNING THE SUBJECT PROPERTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE DEED OR OTHER CLOSING DOCUMENTS,THE CITY HAS NOT RELIED AND WILL NOT RELY ON,AND BODYCOTE HAS NOT MADE AND IS NOT LIABLE FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE SUBJECT PROPERTY OR RELATING THERETO MADE OR FURNISHED BY BODYCOTE OR ANY REAL ESTATE BROKER, AGENT OR THIRD PARTY REPRESENTING OR PURPORTING TO REPRESENT BODYCOTE, TO WHOMEVER MADE OR GIVEN, DIRECTLY OR INDIRECTLY,ORALLY OR IN WRITING. THE CITY REPRESENTS THAT IT IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED BUYER OF REAL ESTATE AND THAT,EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE DEED OR OTHER CLOSING DOCUMENTS, IT IS RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF THE CITY'S CONSULTANTS IN PURCHASING THE SUBJECT PROPERTY AND SHALL MAKE AN INDEPENDENT VERIFICATION OF THE ACCURACY OF ANY DOCUMENTS AND INFORMATION PROVIDED BY BODYCOTE. THE CITY WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE SUBJECT PROPERTY AS THE CITY DEEMS NECESSARY,INCLUDING,BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON SAME. UPON CLOSING, CITY ACKNOWLEDGES THAT BODYCOTE HAS AFFORDED THE CITY A FULL OPPORTUNITY TO CONDUCT SUCH INVESTIGATIONS OF THE SUBJECT PROPERTY AS THE CITY DEEMED NECESSARY TO SATISFY ITSELF AS TO THE CONDITION OF THE SUBJECT PROPERTY AND THE EXISTENCE OR NON-EXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT TO ANY HAZARDOUS MATERIALS ON OR DISCHARGED FROM THE SUBJECT PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF BODYCOTE OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO,OTHER THAN SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF BODYCOTE AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE DEED OR THE OTHER CLOSING DOCUMENTS. UPON CLOSING,THE CITY SHALL ASSUME THE RISK THAT ADVERSE MATTERS MAY NOT HAVE BEEN REVEALED BY THE CITY'S INSPECTIONS AND INVESTIGATIONS. EFFECTIVE AS OF THE CLOSING,THE CITY SHALL BE DEEMED TO HAVE RELEASED EACH OF BODYCOTE AND BODYCOTE'S AGENTS, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, PARTNERS, INVESTORS, MEMBERS, BENEFICIARIES AND ANY OTHER PERSON ACTING ON BODYCOTE'S BEHALF (COLLECTIVELY, THE "BODYCOTE RELATED PARTIES") FROM ALL CLAIMS WHICH THE CITY OR ANY AGENT, REPRESENTATIVE, AFFILIATE, EMPLOYEE, DIRECTOR, OFFICER, OR OTHER PERSON OR ENTITY ACTING ON BEHALF OF OR PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 4 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v 1 4 OTHERWISE RELATED TO OR AFFILIATED WITH THE CITY HAS OR MAY HAVE ARISING FROM OR RELATED TO ANY MATTER OR THING RELATED TO OR IN CONNECTION WITH THE SUBJECT PROPERTY (OR ANY PORTION THEREOF) INCLUDING, WITHOUT LIMITATION, ANY CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS IN THE DESIGN OR CONSTRUCTION OF ALL OR ANY PORTION OF THE SUBJECT PROPERTY AND ANY ENVIRONMENTAL CONDITIONS, AND THE CITY SHALL NOT LOOK TO ANY OF THE BODYCOTE RELATED PARTIES IN CONNECTION WITH THE FOREGOING FOR ANY REDRESS OR RELIEF, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE DEED OR THE OTHER CLOSING DOCUMENTS. THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED TERMS AND PROVISIONS, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES AND CAUSES OF ACTION. THE TERMS AND CONDITIONS OF THIS SECTION 9 SHALL EXPRESSLY SURVIVE THE CLOSING,AND SHALL NOT MERGE WITH THE PROVISIONS OF ANY CLOSING DOCUMENTS OR THE DEED. THE CITY ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH HEREIN ARE AN INTEGRAL PART OF THIS AGREEMENT AND THAT BODYCOTE WOULD NOT HAVE AGREED TO SELL THE SUBJECT PROPERTY TO THE CITY FOR THE REAL PROPERTY PURCHASE PRICE WITHOUT THE DISCLAIMERS AND OTHER AGREEMENTS SET FORTH ABOVE. 10. Bodycote hereby and herein releases and waives its right to object to or contest the City's right to condemn the Subject Property. 11. In addition to the Real Property Purchase Price, the City and Bodycote hereby agree to negotiate, in good faith without delay, the relocation costs pursuant to Chapter 21 of the Texas Property Code and the City's Relocation Assistance Rules,both before and after the Closing described in this Agreement. 12. All signatories to this Agreement have been duly authorized by the City and Bodycote to act for and in the name of each party signing this Agreement. 13. In consideration of the mutual promises,covenants,and agreements in this Agreement,and other good and valuable consideration,the Landlord hereby and herein demises and leases to Tenant, and Tenant hereby and herein leases from Landlord,the Subject Property in the present condition"AS IS" at the Closing(the"Temporary Possession Lease"). 14. This Agreement includes the Temporary Possession Lease that shall be for one lease period only ending on the earlier to occur of (i) the date Tenant vacates the Subject Property and provides a written termination notice to Landlord, or (ii) December 31, 2016 at 11:59 p.m., Central Standard Time (the "Term"). THERE ARE NO IMPLIED PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 5 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v1 4— WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE,OR OF ANY OTHER KIND ARISING OUT OF OR IN CONNECTION WITH THIS TEMPORARY POSSESSION LEASE AND TENANT ACCEPTS THE SUBJECT PROPERTY IN ITS PRESENT CONDITION, AS-IS AND WITH ALL FAULTS. Tenant shall vacate and surrender the Subject Property to Landlord and return to Landlord all keys to the Subject Property by or before the end of the Term. No notices of vacation or surrender shall be required of Landlord to the Tenant as a condition precedent to Tenant's mandatory vacation and surrender of the Subject Property to Landlord. 15. Tenant and Landlord agree and acknowledge that the Subject Property is unique and failure of Tenant to vacate and surrender possession of the Subject Property to Landlord immediately at the end of the Term will damage Landlord in ways that cannot be adequately compensated by a monetary award. If Tenant fails to surrender immediate possession of the Subject Property to Landlord at the end of the Term, Landlord, in addition to all other remedies available to Landlord, shall have the right to seek a court order requiring Tenant to specifically and immediately surrender possession of the Subject Property to the Landlord. Tenant and Landlord expressly agree that upon failure of Tenant to vacate and surrender possession of the Subject Property to Landlord at the expiration of the Term, Landlord, at its sole election, may: a. Pursue an action for eviction in the appropriate Justice of the Peace Court, Tarrant County, Texas,upon three(3)day's notice to vacate pursuant to Texas Property Code § 24.005; or b. Seek an immediate mandatory permanent injunction (the "Injunction"), without bond and upon presentation of this Temporary Possession Lease agreement to a court without fi>rther hearing on the merits, with three days' actual notice of the hearing to Tenant, ordering Tenant to vacate and surrender immediate possession of the Subject Property to Landlord, for which issuance of the Injunction Tenant herein and hereby stipulates (solely for and limited to Landlord's request for the mandatory permanent injunction herein described and not as an admission against interest in any other proceeding or litigation) (i) irreparable injury to real or personal property is threatened, irrespective of any remedy at law (Tex. Civ. Prac. & Rem. Code §65.011(5))by Tenant's failure to vacate and surrender immediate possession of the Subject Property to Landlord, as of 12:01 a.m., January 1, 2017, (ii) Tenant waives its right to a jury trial on the Landlord's request for an immediate issuance of the Injunction, (iii)Tenant submits to the jurisdiction of all State district and county courts-at-law in Tarrant County, Texas, for issuance of the Injunction,(iv)Tenant hereby and herein waives all Tenant's lawful and equitable defenses to the issuance of the Injunction provided by Texas or other applicable law, and(v)Tenant shall be liable for all reasonable and necessary attorney's fees and costs of court incurred by Landlord in obtaining and enforcing the Injunction; and c. Pursue any other lawful or equitable remedy in any court of competent jurisdiction. PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 6 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v 1 4 16. This Temporary Possession Lease is granted by Landlord to Tenant solely for the purposes of Tenant conducting Tenant's current operations as conducted at the time of the Closing and for all activities required during the Term for Tenant to remove and relocate its items, fixtures, furniture, files, and equipment located on the Subject Property and by not later than the expiration of the Term. During the Term, Tenant shall, at Tenant's expense,comply promptly with all applicable laws, statutes, ordinances, rules, regulations, orders and requirements in effect during the Term or any part of the Term hereof regulating the use by Tenant of the Subject Property. 17. Tenant shall not permit any lien or encumbrance to attach to the Subject Property during the Term or thereafter if the lien or encumbrance arises out of or is related to the Term regardless of when the lien or encumbrance is attached to the Subject Property. 18. During the Term, Landlord with two days' prior written notice to Tenant shall have the right of access to the Subject Property for all reasonable purposes, including without limitation, future construction planning, subject to (i) Tenant's security procedures and Landlord and its representatives' execution of a "Consent for Access to Property and Waiver of Liability" in substantially the form attached hereto as Exhibit "C," and (ii) without interruption or interference of Tenant's normal and customary business operations. 19. Tenant shall be responsible for and shall satisfy timely all liability for the following during the Term of the Temporary Possession Lease: a. Compliance with all federal, state, municipal, and other laws, ordinances, rules, and regulations applicable to the Tenant's use and operations on the Subject Property; b. All utilities provided to the Subject Property during the Term; c. Rent payable monthly in arrears to the Landlord and prorated for any partial month at the monthly rate of One U.S. Dollar($1.00); d. Discharge all liens, encumbrances, and other charges arising out of Tenant's use or occupancy of the Subject Property or a part thereof, or by reason of any construction, alteration, addition, repair, or demolition of any part of the Subject Property performed, permitted, or caused by, through, or under Tenant; e. All costs incurred in connection with Tenant's use and operations during the Term; and f. All costs for maintaining all insurance coverages maintained by Tenant immediately prior to the Closing). During the Term, Landlord shall not be liable to Tenant for any claims for business interruption or loss resulting from any fire or other casualty with respect to the Subject Property, and Tenant hereby waives and releases Landlord from all such claims, EVEN IF SUCH LOSS RESULTS FROM THE NEGLIGENCE OF LANDLORD OR ITS AGENTS OR EMPLOYEES. PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 7 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v1 —#I- Except as expressly set forth in this Agreement or the Deed or the other closing documents, during the Term of this Temporary Possession Lease,neither Landlord nor Tenant shall be liable (by way of subrogation or otherwise) to the other party (or to any insurance company insuring the other party) for any loss or damage to any of the property of Landlord or Tenant, as the case may be, with respect to their respective property, additions or improvements to the Subject Property, or any contents therein, or any losses in connection therewith, to the extent the same could be covered by so-called"all-risk" or "causes of loss — special form" property casualty insurance (even if such coverage is not maintained by the party sustaining such loss), and EVEN THOUGH SUCH LOSS MIGHT HAVE BEEN OCCASIONED BY THE NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS OF THE LANDLORD OR TENANT OR THEIR RESPECTIVE EMPLOYEES,AGENTS, CONTRACTORS OR INVITEES. 20. All required notices to Landlord or Tenant shall be provided in writing, sent by e-mail with receipt confirmation required, by public or private express mail, or by U.S. Certified Mail, Return Receipt Requested, postage prepaid, to the other party at the following addresses: a. To Landlord: The City of Fort Worth, c/o Chris Mosley, Assistant City Attorney, 1000 Throckmorton, Fort Worth, Texas 76102; and b. To Tenant: Bodycote Thermal Processing, Inc., c/o Michael Schonberg, Thompson & Knight, LLP, One Arts Plaza, 1722 Routh Street, Suite 1500, Dallas, Texas 75201. 21. This Agreement shall be construed and enforced according to the laws of the State of Texas, including the right of specific performance but excluding Texas conflict of laws principles, with exclusive venue in the Texas state courts of Tarrant County, Texas. 22. TENANT SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS LANDLORD AND LANDLORD'S REPRESENTATIVES, EMPLOYEES AND AGENTS (COLLECTIVELY, "LANDLORD INDEMNITEES") FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, SUITS, JUDGMENTS, AND EXPENSES (INCLUDING COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND, OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON ON THE SUBJECT PROPERTY DURING THE TERM OF THIS TEMPORARY POSSESSION LEASE AT THE REQUEST OF TENANT (AND NOT ANY OTHER PERSON, INCLUDING ANY EMPLOYEES, AGENTS, CONTRACTORS OR VENDORS OF LANDLORD) TO THE EXTENT ARISING FROM THE USE OR OCCUPANCY OF THE SUBJECT PROPERTY BY TENANT,ITS EMPLOYEES,CUSTOMERS,AGENTS,OR CONTRACTORS, REGARDLESS OF LANDLORD'S CONCURRENT NEGLIGENCE (BUT NOT TO THE EXTENT ARISING FROM THE SOLE NEGLIGENCE OR GROSS NEGLIGENCE OF LANDLORD OR ANY LANDLORD INDEMNITEES). PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 8 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v i 23. During the Term of this Temporary Possession Lease, no materials or substances may be stored, used,transported, or disposed of on or near the Subject Property by Tenant or Tenant's agents, employees, invitees, or contractors, whether such substances or materials be in solid, liquid, or gaseous form that are regulated under applicable federal or state law unless such substances have been historically stored, used, transported, or disposed of by Bodycote on the Subject Property. 24.Neither party, in any capacity, may assign this Agreement without the prior written consent of the other party. 25. The parties to this Agreement do not intend for any provision of this Agreement to be limited exclusively to the purchase and sale transaction or the Temporary Possession Lease transaction herein contained. No presumptions shall arise or be enforced against the drafter of this Agreement since both parties have been represented by legal counsel in the negotiation and drafting of this Agreement. 26. This Agreement may be amended only by a written instrument signed by the City and Bodycote. Neither party hereto shall rely on any verbal representations or agreements made by the agents or employees of the other party that are not reduced to written instrument signed by the parties hereto. Signature Page to Follow. PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 9 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v i �y r. SELLER/GRANTOR/TENANT BODYCOTE THERMAL PROCESSING,INC., a Delaware corporation By: Name( rinted): Thomas J. ibbons Its: President, Aerospace, Defense, and Energy Division GRANTEE/LANDLORD/CITY THE CITY OF FORT WORTH,TEXAS, on r a Texas Home Rule Municipal Corporation By: Aid"r N e (P ted): Susan Alanis Its: ant City Manager Mary J. Ka P,dity THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 116t* day of 2016, by Thomas J. Gibbons, President, Aerospace, Defense and Energy Division of Bodycote Thermal Processing, Inc., on behalf of said Corporation. °6t MARGO SMITH ' NOTARV PUBLIC STATE TEUS Notary P lic, State of Texas 08-02-2016 Notary's Name(printed): K o c Si%t+-� Notary's ID#: al/ 711 - 4 Notary's commission expires: 04- 02--2o/(o ` OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT -Pag&444f4A- BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm2368360 THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the�Y day of_ , 2016, by Susan Alanis, Assistant City Manager of the City of Fort Worth, a Te s home rule municipal corporation on behalf of said City of Fort Worth. REM. NIRRLINGER,Slate of Texos Notary Public, State of Texas res 02-02-2018 Notary's Name(printed): In _12414414-6 CILA Notary's lD# 1d4tgt21q-4 Notary's commission expires: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 11 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v1 EXHIBIT"A" REAL PROPERTY EXHIBIT "A" A BOUNDARY SURVEY OF TRACTS 1 AND 2 ROSS HEIGHTS ADDITION PROPERTY DESCRIPTION TRACT 1 BEING o tract of land situated In the Thomas White Survey, Abstract No. 1638. City of Fart Worth, Tarrant County, Texas,being all of Lots 2-9 air 12-19, Block 13, Rasa Heights, an addition to the City of Fart Worth, according to the plot recorded In Volume 310,Page 32, Plat Records, Tarrant County, Texas, that portion of Lots 1 &20, Block 13 of said Ross Heights Addition, excluded from the right—af—way deeds to the City of Fort Worth,recorded in Volume 3024, Page 414 and Volume 3094, Pogo 98. Deed Records. Tarrant County, Texas, being that portion of the 15' Allay in Black 13 of said Rase Heights Addition, Vacated by City of Fort Worth Ordinance No. 4517, recorded in Volume 3603,Page 21, Dead Records, Tarrant County, Texas, Ordinance No. 5885, being ail of that certain tract land as described by deed to Hlndariiter Moot Treating, Inc., recorded In Volume 10110, Page 1759, Deed Records, Tarrant County. Texas and the name was amended with the Secretary of State for Texas, with an effective date of May 20, 1976 to Bodycote Thermal Processing, Inc., sold tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the north right—of—way line of Bryce Avenue (a 50' width right—of—way), the east right—of—way line of Montgomery Street(a variable width—right—of way), the southeast comer of that certain tract of land as described by right—cf—way deed to the City of Fort Worth, recorded in said Volume 3094, Page 98 and the new southwest corner of Lot 20, Biodc 13 of sold Rose Heights Addition; THENCE North 00.35'31'West, departing the north right—of—way line of sold Bryce Avenue, with the east right—of—way line of said Montgomery Street, a distance of 120.00 feet to a MAG nog with shiner stomped 'RUNAWAY ASSOC, LP, set for new northwest comer of Lot 20, Black 13 of said Rase Heights Addition and the south line of 15 utility easement (Formerly 15'Alleyk THENCE North 069714'East departing the south line of sold utility easement continuing with the east right—of--way line of said Montgomery Street, a distance of 13.06 feet to a MAG nail with shiner stamped 'DUNAWAY ASSOC. LP", set for the now southwest comer of Let 1, Black 13 of sold Ross Heights Addition, the north line of said utility easement and the southeast comer of that certain tract of land as described by right—of—way deed to the City of Fort Worth, recorded In said Volume 3024, Page; THENCE North 0018'44' East, departing the north line of sold utility easement, continuing with the east right—of—woy line of sold Montgomery Street, a distance of 120.00 feet to a 5/8'Iran rod with yellow cap stamped 'DUNAWAY ASSDC. LP',sat for the new northwest comer of Lot 1, Block 13 of said Ross Heights Addition and In the south right—of—way line of Dexter Avenue(0 50' width rlght—of—wey} THENCE South 89'35'31'East, departing the east right—of—way line of said Montgomery Street and with south right—of—way lino of sold Dexter Avenue, a distance of 436.30 feet to a 5/8'Iran red with yellow cap stamped 'DUNAWAY ASSOC. LP' sat far the northeast comer of Lot 9, Black 13 of said Ross Heights Addition; THENCE South 0035'31'East departing the north right—af—way line of said Dexter Avenue, with the east line of sold Lot 9, Black 13 Rase Heights Addition, crossing sold 15' utility easement(Formerly 15' Alley), continuing with the east line of Lot 12, Block 13 of sold Ross Heights Addition, o distance of 255.00 feat to a 5/8'Iron red with yellow cap stomped 'RUNAWAY ASSOC. LP" set for the southeast corner of said Lot 12, Block 14 Roes Heights Addition and M the north right—of—way line of sold Bryce Avenue; THENCE North 89'3531'West, with the north rlght—of—woy line of sold Bryce Avenue, o distance of 440.OD feet to the POINT of BEGINNING containing a calculated area of 111,838 equara feet or 2.587 acres of land. N07ES: The bads of bearings far thle Surrey is the Texas Coordinate System of 1967,North Central Zane,4204,based upon aPS measurements. according to the CPS Reference Netwart The metes and bounds docrlption contained herein we.based from an actual Survey on the ground. A drawing of even date aeao ipanien this metes and bound.description. DUNAWAY JOB NO. 80001706.002 PAGE 1 OF 3 EXHIBIT"A" Step @ Gla—zy 4 /."a Reglslaed Professional land Slaveyer �EOFT A BOUNDARY SURVEY Texas lteglstretion Nor.5570 March 19,2015 OF TRACT 1 ............ 'fir •STEPHEN R.GLOSUP APART OF 1 ................ ~r DUNAW�►y •C�ti 5570�t:.4 BLOCK 13,ROSS HEIGHTS ADDITION esao� o fj'�(j � M addition to the qty of Fort Worth, S50 Ropey Avenue•Sues 400.Fad Werth,Term 76107 - Sum, according to the plat recorded In Volume 310, feh817.333.I121•Fax:e17.335.7437 FIRM REGISTRATION 10098100 Pape 32, Plot Records, Tarrant County, Texas. PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 12 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS D11T2368360 ^ EXHIBIT"B" FORM OF SPECIAL WARRANTY DEED PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 13 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v 1 4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.. SPECIAL WARRANTY DEED Date: 2016 Grantor: BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION Grantor's Mailing Address: 12700 Park Central Drive, Ste. 700, Dallas,Texas 75251 Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION Grantee's Mailing Address: 1000 THROCKMORTON, FORT WORTH, TARRANT COUNTY, TEXAS Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged and confessed. Property(including any improvements): BEING A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY, ABSTRACT NO. 1636, ROSS HEIGHTS ADDITION,AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" AND SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES, TOGETHER WITH ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS LOCATED THEREON, TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS OF GRANTOR IN AND TO ADJACENT STREETS,EASEMENTS,ALLEYS,AND RIGHTS OF WAY IN, ON, IN FRONT OF OR ADJOINING THE FOREGOING DESCRIBED PROPERTY. In the event of any conflict between the legal description set forth on Exhibit"A"and the survey set forth on Exhibit"B,"the legal description on Exhibit"A"shall control. Reservations from Conveyance: A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM, ALL OIL,GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE PRODUCED FROM THE LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE IS SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION INCLUDES THE PRODUCTION,THE LEASE AND ALL BENEFITS FROM IT. GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS OF INGRESS AND EGRESS,AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND CHARACTER WHATSOEVER,TO ENTER UPON AND USE ANY PART OF THE SURFACE Page 1 of 6 OF THE SUBJECT PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR, DEVELOPING, DRILLING FOR, PRODUCING, TRANSPORTING, MINING, TREATING, OR STORING THE OIL, GAS AND OTHER MINERALS IN, ON, AND UNDER THE SUBJECT PROPERTY. B. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE GRANTOR, OR THE GRANTOR'S HEIRS, SUCCESSORS, OR ASSIGNS, FROM DEVELOPING OR PRODUCING THE OIL, GAS AND OTHER MINERALS IN AND UNDER THE SUBJECT PROPERTY BY POOLING OR BY DIRECTIONAL DRILLING UNDER THE SUBJECT PROPERTY FROM WELL SITES LOCATED ON TRACTS OUTSIDE THE SUBJECT PROPERTY. Exceptions to Conveyance and Warranty: THIS CONVEYANCE IS EXECUTED,DELIVERED AND ACCEPTED SUBJECT TO AD VALOREM TAXES FOR THE CURRENT YEAR, ROLLBACK TAXES DUE TO THIS CONVEYANCE OR GRANTEE'S USE OF THE SUBJECT PROPERTY, MAINTENANCE FUND LIENS, ZONING ORDINANCES, UTILITY DISTRICT ASSESSMENTS AND STANDBY FEES, IF ANY, ANY AND ALL VALID UTILITY EASEMENTS CREATED BY THE DEDICATION DEED OR PLAT OF THE SUBDIVISION IN WHICH SAID REAL PROPERTY IS LOCATED, RECORDED EASEMENTS, MINERAL, RESERVATIONS AND LEASES, RESTRICTIONS, COVENANTS, CONDITIONS, RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN DESCRIBED PROPERTY BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING: Under Subchapter E of Chapter 21 of the Texas Property Code,as amended, the Grantor or the Grantor's heirs, successors, or assigns may be entitled before the 10th anniversary of the date of this acquisition to repurchase the property or request certain information about the use and any actual progress made toward the use for which the property was acquired under this deed/easement/named instrument,and the repurchase price will be the price Grantee paid Grantor in this acquisition. Grantor, for the consideration and subject to the Reservation from Conveyance and Exceptions to Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors,administrators,successors,or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty,when the claim is by,through,or under Grantor, but not otherwise. When the context requires,singular nouns and pronouns include the plural. Page 2 of 6 GRANTOR: BODYCOTE THERMAL PROCESSING,INC., a Delaware corporation By: Name: �}I 6 t3y Title: _( v'� St✓J�� ACCEPTED AND AGREED TO: CITY OF EQJ�Z WORTH By: Susa Ala is,Assistant City Manager O 1 S TO FORM AND LEGALITY c�i5 C- 9te 111ol C A ,W,Chris Mosle , ssistant City Attorney THE STATE OF TEXAS COUNTY OF DALL&S This instrument was acknowledged before me on the sF day of J L4 2016, by 7HrtsTGibi�rnct��,dp� ero. �c;e 1�er,se cwc�Fner� Q�Jisi�v�of Bodycote Thermal Processing, Inc., a Delaware corporation, on behalf o sa�rporation. *08-02-2016 MARGO SMITH NOTARY PUBLIC S ATE OF TEXAS C0MMiSS#0NHXP1kES Notary Publ c, State of Texas Notary's Name(printed): Marco S/v�v--Vi Notary's commission expires: THE STATE OF TEXAS Page 3 of 6 COUNTY OF TARRANT This instrument was acknowledged before me on the 5� day of JAI-Ll , 2016, by Susan Alanis, Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation on behalf of said City of Fort Worth. LINDA M. HIRRLINGER ''�*:16 Notary Public,state of Texas Notary Public, State of Texas /Fv 'y` Comm' Expires 02-02-2018 Notary's Name(printed): 'Pei 1% Notary Ip 12414474-6 Notary's commission expires: NOTICE: This document affects your legal rights. Read it carefully before signing. AFTER RECORDING RETURN TO: CITY OF FORT WORTH,A MUNICIPAL CORPORATION c/o JENNIFER HALL TEAGUE NALL AND PERKINS 1100 MACON STREET FORT WORTH,TEXAS 76102 Page 4 of 6 EXHIBIT 'A" A BOUNDARY SURVEY OF TRACTS 1 AND 2 ROSS HEIGHTS ADDI 77ON PROPERTY DESCRIPTION TRACT 1 BEING a tract of land situated in the Thomas White Survey, Abstract No. 1636, City a(Fort Worth. Tarrant County, Texas,being all of Lots 2-9 k 12-19, Black 13, Ross Heights, an addition to the City of Fort Worth, according to the plot recorded in Volume 310, Page 32, Plat Records, Tarrant County, Texas, that portion of Lots 1 k 20, Block 13 of said Ross Heights Addition, excluded from the right-of-way deeds to the City of Fort Worth, recorded in Volume 3024, Page 414 and Volume 3094, Page 98,Deed Records, Tarrant County, Texas, being that portion of the 15' Ailey in Block 13 of sold Ross Heights Addition, Vacated by City of Fart Worth Ordinance No. 4517, recorded in Volume 3803, Page 21, Deed Records, Tarrant County, Texas, Ordinance No. 5885, being ail of that certain tract land as described by deed to Hinderliter Heat Treating, Inc., recorded in Volume 10110, Page 1759, Deed Records, Tarrant County, Texas and the name woe amended with the Secretary at State for Texas, with an effective date of May 20, 1976 to Bodycate Thermal Processing, Inc., said tract of land being more particularly described by metes and bounds as follows: BEGINNING at o point In the north right-of-way line of Bryce Avenue(a 50' width right-af-way), the east right-al-way line of Montgomery Street (a variable width-right-of way), the southeast corner of that certain tract of land as described by right-of-way deed to the City of Fort Worth, recorded in said Volume 3094, Page 98 and the new southwest corner of Lot 21), Block 13 of geld Ross Heights Addition; THENCE North 00'35'31"West, deporting the north right-of-way line of said Bryce Avenue, with the east right-of-ray line of sold Montgomery Street, a distance of 120.00 feet to a MAG nab with shiner stamped 'DUNAWAY ASSOC. LP", set for new northwest comer of Lot 20, Block 13 of sold Ross Heights Addition and the south line of 15' utility easement (Formerly 15' Alley); THENCE North 06.17'14"East, departing the south line of said utility easement, continuing with the east right-of-way line of said Montgomery Street, a distance of 15.06 feet to a MAG pall with shiner stamped 'DUNAWAY ASSOC. LP", set for the new southwest corner of Lot 1, Black 13 of said Russ Heights Addition, the north line of said utility easement and the southeast comer of that certain tract of tend as described by right-of-way deed to the City of Fort Worth, recorded in sold Volume 3024, Page; THENCE North 0018'44' East, departing the north fine of sold utility easement, continuing with the east right-of-way fine of sold Montgomery Street, a distance of 120.00 feet to a 5/8"Iron rod with yellow cap stamped 'RUNAWAY ASSOC. LP",set for the new northwest comer of Lot 1, Black 13 of surd Ross Heights Addition ond In the south right-of-way line of Dexter Avenue(0 50' width right-of-way); THENCE South 89.35'31'East, departing the east right-of-way line of sold Montgomery Street and with south right-of-way line of said Dexter Avenue, o distance of 436.30 feet to a 5/8'Iran rod with yellow cap stamped 'DUNAWAY ASSOC, LP' set for the northeast corner of Lot 9, Block 13 of said Roes Heights Addition; THENCE South 0035'31'East, departing the north right-of-way line of said Dexter Avenue, with the coat line of said Lot 9, Block 13 Rose Heights Addition, crossing sold 15' utility easement (Formerly 15' Ailey), continuing with the east line of Lot 12, Block 13 of said Ross Heights Addition, a distance of 255.00 feet to a 5/8"Iran rod with yellow cap stomped 'RUNAWAY ASSOC LP" set for the southeast carrier of surd Lot 12, Black 13, Ross Heights Addition and in the north right-of-way line of sold Bryce Avenue; THENCE North 89'35'31"West, with the north right-of-woy line of sold Bryce Avenue, a distance of 440.00 feet to the POINT of BEGINNING containing a calculated area of 111,838 square feet or 2.567 acres of land. NOTES: The basis of hearings for this Survey Is the Texas Caordtnate Systam of 1983,North Central 2ane,4202 based upon CPS measurements. according to the GPS Reference Network The metes and bounds deecdptlon contained haraln was based from an actual Survey on the ground. A drawing of even date acacvnpanraa this mates and bounds description. DUNAWAY JOB NO. B0001706.002 PAGE 1 OF 3 EXHIBIT"A" Step��� Registered Professional Land Surveyor �E F 7F Texas Registrd O tlon No,5570 P,. F•. 1 A BOUNDARY SURVEY March 19 2015 .1 a'c AFO'.gs OF TRACT 1 Q STEPHEN R.GLOSUP q PART OF r I..............t... DUN���� <1•. 557O,t.Q BLOCK 13,ROSS HEIGHTS ADDITION N"* •� 1 An addition to the City of Fort Worth, SSO 6oiiey Avenue•Suite 400•rod Warth,Texas 76107 �SLiR r according to the plot recorded in Volume 310, Yel:g17.335.1t2l-Fex:817.335.7137 FIRM REGISTRATION 10046100 Pogo 32, Plat Records, Tortoni County, Texas. Page 5 of 6 41k EXHIBIT "B" A BOUNDARY SURVEY OF TRACTS 1 AND 2 ROSS HEIGHTS ADDITION ' BLOCK 18 ' a ROSS HEIGHTS VOLUME 310•PAGE 32 P.R T.C.T. F I 20 19 to 17 16 15 14 13 12 11 0 700' rs DEXTERAVENUE SCALE FEET s5 (50'VADTH RIGHT-OF-WAY) i'- 100' o" ASPHALT PANNO 58935'31"E 435.30' %°1 HINOERUTER HEAT TREATING,INC. �+ VOLUME 10110,PAGE 1759 ; N00'18'"-E D.R.T.cJ. 120.00'I 1 2 3 4 5 fi 7 8 9 10 I ALL VACATE BY ORD 4ANCE NO _ 451 (V,38 PAGE 21 ORT.C.T. Z9 p a NO6'17'14 E rA9IED A U71UTY E kSEMENT ALLE VACATED BY vi O w 15.06' I OWN CE NO. 985 W I MAO NAIL WITH .R.TC.T. � 4`0 SHINER STAMPED LONE STAR GA COMPAN BLO 13 � M Sil�36 EASE ENT ROSS EIGHTS 4y ASSOC.LP"SET LUME 37 PACE J 0) i�'0• VOLU E]619.PAGE 386 N00'35'31"W1 O.R.1 CT. 111,838 SO.Fr./2.557 ACRES P.R.,C.T. o 120.00'1 20 19 18 17 to 15 14 13 12 TE UIIUTIE ELECTRIC COMPANY 15'x1 'UTILITY ASEMENT I1 zo C C.0.ND 0 9901]812 POB D.R.T.GT. J TRN:T1 440.00' BRYCE AVENUE POs L1 (50'WIDTH RIGHT-OF-WAY) IM T7 DIRECTIONAL CONTROL LINE ASPHALT PANNG FO .t•MN Rm 1 a•n I TR T 2 FOUND 1/2' DL HE 1B 11.473 S0.FT- IRON ROD WITH CITY F FORT ROSS HEIGHTS 0,2B ACRE Yninw CAP VOLUME 31 D,PACE 32 WORTH..G. STAMPED C.C.D.NO. BR--N 7.T.C.T, D21 41 05 5 21 CRAIVFORD"(CM) I D. T.C.T. II L41 VOLUME 10458, I 9 B 7 B 9 10 PAGE 1507 3 4 ALLEY VACATED BY DROIN CE NO. CIA T.C.T. 3228(V. 3427,PACE 9 0.R.T.C.T.) >, < 1 2 RET 87ED AS DLITY EA ENT w d f j D 1 IF- I I\-FOUINOBE IRON EVENT ACIUTIES ORT'A ,Iz WHICH ARS C.C,D.NO 0205382397 0 S87'07'DB•W 0,25' O.fl.T C.T• �g V ; 20 I 19 I 1B 17 I 16 IS I 14 I 13 12 11 HINDERUTER HEAT TREATING.INC.NAME WAS AMENDED VATH THE SECRETARY OF THE STATE OF TEXAS,WITH AN EFFECTIVE DATE OF MAY 20,1975 TO BODYCOTE THERMAL PROCESSING,INC. PW TWO,INC.NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF TEXAS,VATH AN EFFECTIVE DATE OF MAY 20,1976 TO BODYCOTE THERMAL PROCESSING.INC. '(E OF T �P..•_- •Fty � -5/8'CAPPED IRON ROD STAMPED'OUNAWAY p1 ASSOC.LP*SET UNLESS OTHERVASE NOTED ..,L.......[.......:... Line Table (CM)-CONTROLLING MONUMENT STEPHEN A.GLOSUP Line • V.............. ne E... Nu ne Bearing Distance C.C.D.NO.=COUNTY CLERK'S DOCUMENT NUMBER �Q 7�u 570vP.OQ LI 8B9'35'3 1•E 9040' D.R.T.C.T.-DEED RECORDS,TARRANT COUNTY,TEXAS ,GQ SURV- L2 S0035.31•E 127.50' P.R.T,C.T,-PLAT RECORDS,TARRANT COUNTY,TEXAS L3 N89'35'31'W 90.00' a%' K L4 NOO.35.37'TV 127.50' /`DUNAWAY 3119/- 5 vv A metes and bounds description of even date accompanies this drawing. 5SO B.I.y Avenue.&AI.400.Fort worth.Texas 76107 Tel:817.335,1121•Fox:817.335.7437 PAGE 3 OF 3 DATE: MARCH 19, 2014 FIRM REGISTRATIONIOOVBIOO DUNAWAY JOB NO. 8001706.002 Page 6 of 6 O EXHIBIT"C" FORM OF CONSENT FOR ACCESS TO PROPERTY AND WAIVER OF LIABILITY PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 14 of 14 BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS Dm236836v1 CONSENT FOR ACCESS TO PROPERTY and WAIVER OF LIABILITY Property Owner- Bodycote Thermal Processing, Inc. Property Address: Montgomery Street Manufacturing Facility and Storage Facility, Fort Worth Texas (the"Property") Bodycote hereby authorizes the following City of Fort Worth ("City") representatives ("Representatives") to enter the Property on for the sole purpose of inspecting and evaluating the property in connection with its future construction plans: Name Position Bodycote has granted permission to these representatives to enter the above-referenced property (Property) for the sole purpose of evaluating the property, identifying utilities and gathering information necessary to planning for future construction on the site, subject to the following conditions and agreements. 1. The City and Representatives agree that they will take reasonable efforts during site inspection to avoid unnecessarily interfering with Bodycote's business operations and use of the Property. 2. The City and the Representatives agree and understand that the Property is a working heat treatment facility and contains equipment, pits, furnaces, piping, machinery and other hazards found in an industrial workplace. 3. WAVIER: The City and its Representatives further agree to release and hold harmless Bodycote and its representatives from any and all claims, demands, and causes of action arising from any accident, incident or injuries or damages that Representatives may incur while on the Property or that arise from Representative's presence on the property. Representatives agree and understand that risks and hazards do exist on the Property as a result CONSENT FOR ACCESS TO PROPERTY AND WAIVER OF LIABILITY PAGE 1 of its operation as a heat treatment facility and knowingly and voluntarily accept these risks and release and waive any claims, demands or causes of action that might result from any hazardous or dangerous condition present on the Property. 4. The City and its Representatives understand that foreign nationals may not be permitted on the property without proper clearance as a result of Bodycote's work for certain military and aerospace customers. The City and its Representatives agree and accept this limitation. Further all Representatives signing below confirm and represent that they are United States Citizens. 5. The Representatives understand that they will be provided access to confidential and proprietary business information concerning Bodycote's operations and equipment and they agree to not use or disclose such information in any manner whatsoever for any purpose other than for the stated purposes herein. 6. I acknowledge that access to the Property is being granted pursuant to the above conditions and expressly agree to those conditions and I agree to waive any claims, demands, and causes of action that might arise as a result of Bodycote allowing me access to the Property. Date: Representative Date: Representative CONSENT FOR ACCESS TO PROPERTY AND WAIVER OF LIABILITY PAGE 2 Page 1 of 6 D216156487 711412016 9:14 AM PGS 6 Fee: $36.00 Submitter:XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records t1�34 a<,:. Mary Louise Garcia NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED ALAMO TiTE_':: L(;MPqNy "'—Q 016 , Date:- ' i 2 to be effective July 1 1 , 20t6 Grantor:BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION Grantor's Mailing Address: 12700 Park Central Drive,Ste.700,Dallas,Texas 75251 Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION Grantee's Mailing Address: 1000 THROCKMORTON, FORT WORTH, TARRANT COUNTY, TEXAS Consideration: TEN AND N011 00 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged and confessed, Property(including any improvements): BEING A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY, ABSTRACT NO. 1636, ROSS HEIGHTS ADDITION,AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" AND SHOWN ON EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES, TOGETHER WITH ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS LOCATED THEREON, TOGETHER. WITH ALL RIGHTS, TITLE, INTERESTS OF GRANTOR IN AND TO ADJACENT STREETS,EASEMENTS,ALLEYS,AND RIGHTS OF WAY IN,ON ,IN FROM OF OR ADJOINING THE FOREGOING DESCRIBED PROPERTY. In the event of any conflict between the legal description set forth on Exhibit"A"and the survey set forth on Exhibit"B,"the legal description on Exhibit"A"shall control. Reservations from Conveyance: A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFR.OM, ALL OIL,GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE PRODUCED FROM THE LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE 1S SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION INCLUDES THE PRODUCTION,THE LEASE AND ALL BENEFITS FROM IT, GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS OF INGRESS AND EGRESS,AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND CHARACTER WHATSOEVER,TO ENTER UPON AND USE ANY PART OF THE SURFACE Page I of'j#— NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. n ( �.": Ae SPECIAL WARRANTY DEED ALAMO T, 1,, O MPANY (' '` (o000��/SO//�c�LS Date: o 2016 , to be effective July 11 , 20'f� w '� Grantor: BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION Grantor's Mailing Address: 12700 Park Central Drive, Ste. 700, Dallas,Texas 75251 Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION Grantee's Mailing Address: 1000 THROCKMORTON, FORT WORTH, TARRANT COUNTY, TEXAS Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged and confessed. Property(including any improvements): BEING A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY, ABSTRACT NO. 1636, ROSS HEIGHTS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" AND SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES, TOGETHER WITH ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS LOCATED THEREON, TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS OF GRANTOR IN AND TO ADJACENT STREETS,EASEMENTS,ALLEYS,AND RIGHTS OF WAY IN, ON , IN FRONT OF OR ADJOINING THE FOREGOING DESCRIBED PROPERTY. In the event of any conflict between the legal description set forth on Exhibit"A" and the survey set forth on Exhibit"B,"the legal description on Exhibit"A"shall control. Reservations from Conveyance: A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM, ALL OIL,GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE PRODUCED FROM THE LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE IS SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION INCLUDES THE PRODUCTION,THE LEASE AND ALL BENEFITS FROM IT. GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS OF INGRESS AND EGRESS,AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND CHARACTER WHATSOEVER,TO ENTER UPON AND USE ANY PART OF THE SURFACE Page I of 6 P OF THE SUBJECT PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR, DEVELOPING, DRILLING FOR, PRODUCING, TRANSPORTING, MINING, TREATING, OR STORING THE OIL, GAS AND OTHER MINERALS IN, ON, AND UNDER THE SUBJECT PROPERTY. B. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE GRANTOR, OR THE GRANTOR'S HEIRS, SUCCESSORS, OR ASSIGNS, FROM DEVELOPING OR PRODUCING THE OIL, GAS AND OTHER MINERALS IN AND UNDER THE SUBJECT PROPERTY BY POOLING OR BY DIRECTIONAL DRILLING UNDER THE SUBJECT PROPERTY FROM WELL SITES LOCATED ON TRACTS OUTSIDE THE SUBJECT PROPERTY. Exceptions to Conveyance and Warranty: THIS CONVEYANCE IS EXECUTED,DELIVERED AND ACCEPTED SUBJECT TO AD VALOREM TAXES FOR THE CURRENT YEAR, ROLLBACK TAXES DUE TO THIS CONVEYANCE OR GRANTEE'S USE OF THE SUBJECT PROPERTY, MAINTENANCE FUND LIENS, ZONING ORDINANCES, UTILITY DISTRICT ASSESSMENTS AND STANDBY FEES, IF ANY, ANY AND ALL VALID UTILITY EASEMENTS CREATED BY THE DEDICATION DEED OR PLAT OF THE SUBDIVISION IN WHICH SAID REAL PROPERTY IS LOCATED, RECORDED EASEMENTS, MINERAL, RESERVATIONS AND LEASES, RESTRICTIONS, COVENANTS, CONDITIONS, RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN DESCRIBED PROPERTY BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING: Under Subchapter E of Chapter 21 of the Texas Property Code, as amended, the Grantor or the Grantor's heirs, successors, or assigns may be entitled before the 10th anniversary of the date of this acquisition to repurchase the property or request certain information about the use and any actual progress made toward the use for which the property was acquired under this deed/easement/named instrument,and the repurchase price will be the price Grantee paid Grantor in this acquisition. Grantor, for the consideration and subject to the Reservation from Conveyance and Exceptions to Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs, executors,administrators,successors,or assigns forever. Grantor hereby binds Grantor and Grantor's heirs, executors, administrators, and successors to warrant and forever defend all and singular the property to Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof,except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty,when the claim is by,through,or under Grantor, but not otherwise. When the context requires, singular nouns and pronouns include the plural. Page 2 of 6 GRANTOR: BODYCOTE THERMAL PROCESSING, INC., a Delaware corporation By: Naive: .4j 7'. G i d oC,)A ' Title: PR$dlOMT f adEtSri.Sd' '6M�J a ✓if J�- ACCEPTED AND AGREED TO: CITY OF FORT WORTH By: Susa Ala 's,Assistant City Manager APPROVED AS TO FORM AND LEGALITY TAk U,v ls C. �AcCLPG AC 4 Ch Mosl , istant City Attorney THE STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the 'ter day of swty 2016, by T{,onusJ.fx�hh�ns��res�cl�nt� Aer_�scc, De4e�seaNdFnerGu D;vs,cn of Bodycote Thermal Processing, Inc., a Delaware corporation, on behalf of said corporation. WM -ITH Of TEW MS Not ary ubli , State of Texas 16 Notary's Name(printed): Margo �m�t-k _ Notary's commission expires: oe-c a - Lo 1(o THE STATE OF TEXAS Page 3 of 6 COUNTY OF TARRANT This instrument was acknowledged before me on the 5 day of , 2016, by Susan Alanis, Assistant City Manager of the City of Fort Worth, a Texas h e rule municipal corporation on behalf of said City of Fort Worth. wcL -r o �,FY dyiyL LINDA M. HIRRUNGER Notary Public, State of Texas +s Notary Public,State of Texas Notary's Name(printed): Comm. Expires 02-02-201 8 Notary ID 12414474-6 Notary's commission expires: NOTICE: This document affects your legal rights. Read it carefully before signing. AFTER RECORDING RETURN TO: CITY OF FORT WORTH,A MUNICIPAL CORPORATION c/o JENNIFER HALL TEAGUE NALL AND PERKINS 1100 MACON STREET FORT WORTH, TEXAS 76102 Page 4 of 6 EXHIBIT "A" A BOUNDARY SURVEY OF TRACTS I AND 2 ROSS HEIGHTS ADDI77ON PROPERTY DESCRIPTION TRACT 1 BEING a tract of land situated In the Thomas White Survey, Abstract No. 1638, Qty of Fart Worth. Tarrant County, Texas, being all of Lots 2-9 R 12-19, Black 13, Ross Heights, an addition to the City of Fort Worth, according to the plot recorded In Volume 310, Page 32, Plot Records, Tarrant County, Texas, that portion of Lots 1 k 20,Block 13 of sold Ross Heights Addition, excluded from the right—of—way deeds to the City of Fort Worth, retarded In Volume 3024, Page 414 and Volume 3094, Page 98, Deed Records, Torrent County, Texas, being that portion of the IV Alley in Block 13 of said Roos Halghte Addition, Vacated by City of Fort Worth Ordinance No. 4517, recorded in Volume 3803, Page 21, Deed Records, Tarrant County, Texas, Ordinance No. 5885, being all of that certain tract tend as described by deed to Hinderliter Heat Treating, Inc., recorded In Volume 10110, Page 1759, Deed Records, Tarrant County, Texas and the name woe amended with the Secretary of State for Texas, with an effective date of May 20, 1976 to Bodycete Thermal Processing, Inc., said tract of land being more particularly described by mates and bounds as follows: BEGINNING of a point In the north right—of—way line of Bryce Avenue(o 50' width right—of—woy), the east right—of—way line of Montgomery Street(a variable width—right—of way), the southeast comer of that certain tract of load as described by right—of—way deed to the City of Fort Worth, retarded In said Volume 3094, Page 98 and the new southwest corner of Lot 20, Block 13 of said Ross Helghts Addition; THENCE North 0035'31'West, departing the north right—of—woy line of sold Bryce Avenue, with the east right—cf—way line of said Montgomery Street, a distance of 120.00 feet to a MAC nab with shiner stamped 'DUNAWAY ASSOC. LP", set for new northwest comer of Lot 20, Block 13 of sold Roes Heights Addition and the south line of 15' utility easement (Formerly 15' Alley); THENCE North 0617'14'East, departing the south line of sold utility easement, continuing with the east right—of—way line of sold Montgomery Street, a dlstonce of 15.06 feet to o MAG nab with shiner stamped 'DUNAWAY ASSOC. LP", set for the new southwest corner of Lot i, Black 13 of sold Ross Heights Addition, the north line of said utility easement and the southeast comer of that certain tract of land as described by right—of—woy deed to the City of Fort Worth, recorded in sold Volume 3024, Page; THENCE North 00'18'44' East, departing the north line of sold utility easement, continuing with the east right—of—way line of said Montgomery Street, a distance of 120.00 feet to a 5/8'Iran rod with yellow cap stamped 'RUNAWAY ASSOC. LP",set for the new northwest comer of Lot i, Block 13 of sold Rose Heights Addition and in the south right—of—way line of Dexter Avenue(a 50' width right—of—way); THENCE South 8935'31'East, departing the east right—of—way line of sold Montgomery Street and with south right—of^woy line of said Dexter Avenue, o distance of 4315.30 feat to 0 5/8'Iran rod with yellow cup stamped 'DUNAWAY ASSOC. LP' set for the northeast corner of Lot 9, Block 13 of sold Ross Heights Addition; THENCE South 0035'31'East, departing the north right—of—way line of sold Dexter Avenue, with the east line of said Lot 9, Block 13 Ross Heights Addition, crossing said 15' utility easement(Formerly 15' Ailey), continuing with the east line of Lot 12, Block 13 of said Rase Heights Addltian, o distance of 255.00 feet to a 5/8'Iran rod with yellow cop stomped "DUNAWAY ASSOC. IP' set for the southeast corner of sold Lot 12, Black 13, Ross Heights Addition and In the north right—of—woy line of sold Bryce Avenue; THENCE North 8935'31'West, with the north right—af—woy line of said Bryce Avenue, a distance of 440.00 feat to the POINT of BEGINNING containing o calculated area of 111,838 square feet or 2.567 acres of land. NOTES; The basis of bearings for this Survey is the Texas Coordinate System of 1983,North Cantrol 2me, 4202 based upon GPS measurements. eeeordmg to the GPS Reference Network. The metes and bounds description contained horaln was based from an acted Savvy on the ground. A drawing of even date ocaamponiea this metes and bawds deealption. pUNAWAY JOB NO. 80001706.002 PAGE 1 OF 3 nn EXHIBIT"A" Stepheg R. Registered Professional Land Surveyor E OF T Texas Registration No.5570 �A�.•...... A BOUNDARY SURVEY March 19 2015 �;'vEoli AEn'.9S' OF TRACT 1 1 STEPHEN R.GLDSUP A PART OF 1r ..................I... 1r DUNAWA�/ �q EssQ`:'pa BLOCK 13,ROSS HEIGHTS ADDITION M••"' An addition to the City of Fart Worth, 550 ��q`S 3 v according to the plat recorded in Volume 10, galley Avenue•Sube 400•Fad Vrodn,iezos 76107 Li R Te1:817.335.1121•Fox:817.335.7437 :)SY/lam FIRM REGISTRATION IOD98100 pogo 32, Plat Record0. Torrent County, iexag. Page 5 Of 6 EXHIBIT 'B" A BOUNDARY SURVEY OF TRACTS 1 AND 2 ROSS HEIGHTS ADDITION BLOCK 18 o ROSS HEIGHTS VOLUME 310,PAGE 32 P.R T.C.T. i�( I 20 19 18 17 1 1e 15 14 13 12 11 0 100' 9 1 DEXTER AVENUE FEET s � (50'WIDTH RIGHT-QF-WAY) 1' 100' o I ASPHALT PAVING 58915'31"E 438.30' 4 I g HWDERUTER HEAT TREATING,INC. N0018'4-4"E VOLUME 10110,PACE 1759 ^ ; D.RT.C.T. 120,00'! 1 2 3 4 5 6 7 e 9 10� logy t I w ALLY VACA BY ANCE NO N06'17'14 E 457 TAINED A UTILITY 1 SELENT ALLE VACATED BY 5 O9 w 15.06'1 ORO1N CE N0. 885 � MAG NAIL 7WTH SHWER'DUNAWAY EASE EN7R CA COMP AN ROSS EIGHTS "151 g6 ASSOC.LP'SET I OLD 3I PAGE a3i PAGE 3' :� Q• VOLU E 3619. AGE 386 N00'35'31"WI O.R.1 C.T. TRACT 1 P.R,.C.T. 111,838 50. FT./2.567 ACRES 120.00', 20 19 18 17 16 15 14 13 12 _ �0 TE UTIUTR; ELECTRIC COMPANY 15'x1 UTILITY ASE67ENT I1 C.D.NO 99013812 POB D.R.T.C.T. TRACT, 440.00' BRYCE AVENUE POB Lt (50'WIDTH RIGHT-OF-WAY) TRACT] (XRECTIONAL CONTROL LINE ASPHALT PAYING POLING t'WON ROO I A'17 i TRACT 2 FOUND 11Y BL[)CI( 18 11,473 50.FT. IRON R00 WITH ROSS HEIGHTS tliY FORT 0.28 ACRE YELLOW CAP VOLUME J1D, PACE 32 ATM' TOMS STAMPED C.C.D.N0. BRITTAIN k P. T.-J. D21 41 05 5 21 ry I L4 I VOLUME 10458. LRAWFORD'(CM) 5 I{ 6 7 8 Yt PACE 1507 3 4 AUFI VACATED BY ORDIN CE NO, G D.R T.C.T. 3228(V.3427•PAGE 9 O LT.C.T) r < 1 2 RET IMEO AS DUTY EA ENT ~ 1 o � I z I FOUND 1'IRON EVENT ACIUTIES ORT WOR ,INC. =O WHICH BEARS C.C.D.NO/)205382397 0 S67'07'08'W 0.25' ` O.R.TC,T. ( I 20 I 19 I 19 I 17 I 76 is I 14 i3 12 11 HINDERUTER HEAT TREATING.INC.NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF TEXAS WITH AN EFFECTIVE DATE OF MAY 20, 1975 TO BOOYCOTE THERMAL PROCESSING,INC. PW TWO,INC.NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF TEXAS WITH AN EFFECTIVE DATE OF MAY 20,1976 TO BODYCOTE THERMAL PROCESSING,MC. '(E OF T �P•.. ... � • 5/8'CAPPED IRON R00 STAMPED'DUNAWAY 5:pti01ST✓:gf6•,1ff ASSOC.LP'SET UNLESS OTHERWISE NOTED •-.5 ..............i... Line Table (CM)- CONTROLLING MONUMENT STEPHEN A.GLOSUP ............... Line 1... Number Bearing Distance C.C.D.No. -COUNTY CLERK'S DOCUMENT NUMBER �•'. a5570\a;Q O. NTY,R.T.C.T. DEED RECORDS, TARRANT COUNTY.TEXAS '1ty AF881�,• Q LI S89.3513l'E 90.00' SL1R�� 12 S00.35'31'E 127.50• P.R.T.C.T.-PUT RECORDS. TARRANT COUNTY, TEXAS U NBW35'31'W 90.00' L4 NDO'35'3i-W 127.50' ~DUNAWAY A metes and bounds description of even date accompanies this drawing. 550 eollev Avenue•sWle 400.FoA w«1h.Te &M107 Tel:817 MS.1121•Fax 817315.7437 PAGE 3 OF 3 DAIS; MARCH 19, 2014 FIRMRET:.WV TION1OD98100 DUNAWAY JOB NO. 8001706.002 Page 6 of 6 /