HomeMy WebLinkAboutContract 48458 CITY SECRETARY CONTRACT NO.. �,
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.
EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
WHEREAS, Tarrant Regional Water District ("TRWD") is a conservation and
reclamation district created under Article 16, Section 59 of the Texas Constitution for the
purpose and with, inter alia, the powers of conserving water for municipal use, of controlling
flood waters, promoting recreation, and performing other public functions as prescribed by the
Constitution and Laws of the State of Texas, and pursuant to its authority, has acquired various
properties and easements in and adjacent to the West Fork Trinity River in Tarrant County,
Texas;
WHEREAS, TRWD acquired, holds and owns the properties hereinafter described for
the public purposes aforesaid;
WHEREAS, TRWD currently acts as local sponsor of the Trinity River Vision—Central
City Project, a federal flood control project, as amended and defined by the Final Supplement
No. 1 to the Final Environmental Impact Statement for the Central City Project, Upper Trinity
River, Texas released by the U.S. Army Corps of Engineers — Fort Worth District dated March
2008 (the "Project");
WHEREAS, various recreational amenities and improvements will be constructed over
certain lands located in the City of Fort Worth, as hereinafter described, for use by the public;
1 OFFICIAL RECORD
CITY SECRETARY
Fl.'. WORTH, TY
H
WHEREAS, the City of Fort Worth, a municipal corporation of Tarrant County, Texas,
has requested TRWD to grant an easement over the lands hereinafter described for the purpose
of allowing said City to construct additional recreational facilities and to maintain a park and
recreational area across said lands; and
WHEREAS, TRWD has agreed to grant the said request upon the condition that the
construction and maintenance of said park and recreational area shall not in any way interfere
with the maintenance and operation of TRWD's flood control operations, TRWD's obligations
with respect to the Project, or violate the Restrictions (as defined below).
NOW, THEREFORE, WITNESSETH:
That Tarrant Regional Water District of the County of Tarrant, State of Texas, hereinafter
referred to as Grantor, for and in consideration of Grantee's agreement to use the lands herein
conveyed solely for public recreational purposes, does by these presents GRANT, BARGAIN
and CONVEY unto the City of Fort Worth, hereinafter referred to as Grantee, an easement to
construct, maintain, and use a park and recreational area upon the below-described properties in
the County of Tarrant, State of Texas owned by Grantor and graphically depicted as Tracts "C,"
"D," `B" and "H" on Exhibit"A" attached hereto and more particularly described on Exhibits
"B-1"through`134"
Grantee agrees and covenants that it will not place or remove any dirt or other material,
nor make excavations, nor place any improvements on the lands described herein without the
prior written approval of the plans therefor by Grantor, which approval may be withheld by
Grantor in its sole and absolute discretion.
Grantee agrees to be responsible for any loss or liability on account of injury or death of
persons, or damages to property, including cost and expense incident thereto, arising in any
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manner from the construction and maintenance of said park and recreational area or use thereof
by the public. This section shall not be construed as Grantee's waiver of any immunity granted
under Texas law.
Except as otherwise provided herein, if Grantor damages any structures or facilities
located on the lands herein conveyed, Grantor shall repair such damaged structures or facilities
as may be reasonably practicable. Grantor reserves the right, as local sponsor of the Project, to
relocate any structures and facilities on the lands herein conveyed at its sole expense.
Should Grantee abandon said park or cease to use said park for the purposes for which
this easement is granted, title thereto shall revert to Grantor.
Grantee accepts the grant herein made with full knowledge that the lands lie along and
across the flood plain of the West Fork Trinity River and are susceptible to flooding, and the
Grantor and those claiming under it shall not be liable to Grantee or anyone claiming under
Grantee for any character of claim or demand growing out of the effect, to include instant,
delayed, direct, indirect or remote effects, of water flowage or levels, or coverage, or the
proximity of water, or excessive saturation of land, produced by the construction, maintenance
and operation of the flood control works on the Project.
This easement is subject to all other easements, rights and interests shown of record in
Tarrant County, Texas, and is subject to the rights of Chesapeake Land Development Company,
L.L.C., an Oklahoma limited liability company, and Chesapeake Exploration, L.L.C., an
Oklahoma limited liability company,their successors and assigns, under the following:
(1) Access Easement Agreement dated May 16, 2011, recorded as Instrument No.
D211116575, Real Property Records, Tarrant County, Texas;
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(2) Surface Use Agreement dated May 16, 2011, recorded as Instrument No.
D211116576, Real Property Records, Tarrant County, Texas;
(3) Restriction Agreement dated May 16, 2011, a Memorandum of which is recorded
as Instrument No. D211116577, Real Property Records, Tarrant County, Texas;
(4) Waiver for High Impact Gas Well Located Within the City of Fort Worth dated
May 16, 2011; and
(5) Special Warranty Deed dated May 16, 2011, recorded as Instrument No.
D211116573, Real Property Records, Tarrant County, Texas.
The rights granted or reserved in the foregoing instruments and any related undertakings are
referred to herein as the "Restrictions."
Grantor reserves the right to enter upon the said lands for the purpose of discharging any
duty which Grantor may undertake by reason of its function as a water control and improvement
district or as local sponsor of the Project, and the rights granted hereby are expressly made
subject and subordinate thereto and to the Restrictions.
Notwithstanding the use of the terms "grant" and "convey" hereinabove set forth,
Grantor does not warrant the title to the easement herein conveyed unto the Grantee, except that
it agrees to warrant and defend the title herein conveyed unto the Grantee against every person
whomsoever lawfully claiming the same or any part thereof by, through or under Grantor, and
not otherwise.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this
day of ® , 2016.
4
1 1
TARRANT REGIONAL WATER DISTRICT,
a conse tion d reclamation district
Name:
Title: 'f�.��..( �yenty� ��r� ✓
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a N�oty Public in and for said County and State, on this
day personally appeared oe, 5-h-w— r tknown to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged to me that the
same was the act of the said Tarrant Regional Water District, a conservation and reclamation
district, and that he executed the same as the act of said District for the purposes and
consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
ay 1-1 , 2016.
4 /&-><!!�� Zer
N ry Public, State of Texas
GRANTEE: City of Fort Worth
`~ CHRISCIA LEL CASTRO
Notary 10 N 129363183
My Co"solap Expires
t \ '-VIA °j+Raar� Much 11,2017
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY AtWWby.
. I s r, Cip
Jessica S sva ssistan City Attorney ggam� ^
o°°pa00000ao��'
ACKNOWLEDGEMENT OFFICIAL RECORD 1
o CITY SECRETARY
STATE OF TEXAS § FT.WORTH,TX
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared U �� #VtIJAIS , Assistant City Manager of the City of Fort
Worth, known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that
he/she executed the same as the act of the City of Fort Worth for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of4 KI , 20f�-_.
�
Notary Public in and for the State of Tex
Aeoti!:!!u''�� LINDA M. HIRRLINGER
M:Notary Public,state a e olTexos
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EXHIBIT
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Tract C
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LS-''AD 60
QD WARRANTY DEED G
THE STATE OF TERAS 9
9 IMOW ALL MEN BY THM R PRESENTS:
COUNTY OF TARRANT 6
That I, CAROL G. RHODLS, of Tarrant County,. TeXas, bave
granted, sold and conveyed, and by these presents• do,grant,
sell and convey unto WARRANT COUNTY WATER COIMOL AND IMPROVE-
MENT.' DISTRICT NUMBER ONE all that certain real property described
as Tract One in Exhibit A, attached hereto and made a part
hereof, for and in consideration of the sum of THREE HUNDRED
9'IFTy THOUSAND DOLLARS ($350,000) and by these presents do,grant,
sell and convey unto TARRANT COUNTY WATER CONTROL AND IMPROVE-
MENT DISTRICT NUMBER ONE all that certain real property described
as Tract Two in Exhibit A for and in consideration of the sum of
SEVENTY-FIVB THOUSAND DOLLARS ($75,000), the receipt of wji-ich is
hereby acknowledged.
To HAVE AND To HOLD the above described premises, together
with all and singular the rights and appurtenances thereto in
anywise belonging unto the said TARRANT COUNTY WATER CONTROL AND
namoVEMENT DISTRICW NUMBER ONE, its successors and assigns forever,
and I do hereby bind my heirs, executors and administrators, to
warrant and forever defend all and singular the said premises unto
the said TARRANT'COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
i
NUMBER ONE, •its successors and assigns, against every person whom-
soever lawfully claiming, or to claim the same or any part thereof.
EXECUTED this —day of ilanuary, 1980.
OL G. RHODES,
THE STATE OF TEXAS $
COUNTY OF TARRANT 5
BEFoR7s mE, the undersigned autharity, on this day personally
appeared CAROL G. RMODES;• known to me to be the person whose
=•ueme is subscribed to the foregoing instrument and acknowledged
� :• •
.that she executed the same for the purposes and consider-
ata c�ia•therein expressed.
:•G••`:$VEN UNDER MY HAND AND SEAL OF Orrim this• day of
V Uanua;,y, 1980.
Notary Public, Tarr ot3gcP@i $�
N
EXHXBTT A
TRACT ONE
Being all that certain lot, tract, or parcel of land outof
the
B. E. WALLER SURVEY, Abstract No. 1659, Tarrant County,
being a portion of that certain tract of land known as the First,
Second and Third Tracts of land described in a deed of record
s, dated July 25, 1921 and
from W. C. Forbess to Jennie D. Forbes
recorded in*Volume 643, Page 599, Deed Records of Tarrant County,
Texas, being generally situated East, aPProximately 2 miles from
the courthouse of Tarrant County, Texas;
BEGINNING at an iron rod lying on the North line of a tract of
land, being Tract 1, a Parcel of land deeded to the Tarrant County
Water Control and Improvement District No. 1-by deed recorded
in Volume 2g59, .Fage 509, Deed-Records oi: Tarrant County, Texas,
said iron rod bears'West 2024.6 feet and North 378.2 feet from _
the B. E. Waller Survey Southeast corner;
THENCE South 82 degrees 24 minutes West a distance of 1084.10
feet along the North line of Tract 1 to Tarrant County Water Control
and Improvement District No. 1 to an iron rod for corner;
THENCE North 11 degrees 03 minutes 49 seconds East a distance
of 78.95 feet approximately along the centerline of the old channel
of Sycamore Creek;
THENCE North 25 degrees 50 minutes 03 seconds West continuing
of along the
centerline
centerline
t to
oint of
oftheof Sycamore Cre k2with7e
the centerline ersection
line of the
Trinity River;
THENCE down the Trinity River along its centerline the following
courses and distances;
52 degrees 53 minutes inutes 06 seconds West 186.95 feet;
North 26 degrees 47 minutes 27 seconds West 366.58 feet;
North 36 degrees 55 minutes 42 seconds West 257.53 feet;
North 2 degrees 21 minutes 3B seconds West 268.52 feet;
North 13 degrees 03 minutes 09 seconds West 117.12 feet;
North 65 degrees 59 minutes 53 seconds East 180.00 feet;
i South 61 degrees 38 minutes 18 seconds East 172.45 feet;
South 12 degrees 09 minutes 34 seconds East 159.28 feet;
South. 06 degrees 17 minutes-11 seconds East 141.21 feet;
North 56 degrees 05•minutes 52 seconds East 220.34 feet;
North 26 degrees 41 minutes 27 seconds East 262.77 feet;
North 13 degrees 27 minutes 27 seconds-East 171.70 feet;
North 14 degrees DO minutes West 133.72 feet;
North 56 degrees 24 minutes 30 seconds West 149.14 feet;
North.47 degrees 30 minutes West 121.16 feet;
North 27 degrees 41 minutes 14 seconds East 101.88 feet;
North 58 degrees 00 minutes East 180.00 feet;
North 31 degrees 40 minutes 45 seconds East-192.59 feet;
North 26 degrees 12 minutes 42 seconds East 237.11 feet;
39 minutes 21 seconds East s96.B7 feet
North 68 South 76 degreesrees 22 minutes 06 seconds East 108.67 feet;
THENCE leaving the centerline of the Trinity River, South 03 degrees
37 minutes D8 containingsapproximately 59_115t a distance of •acres 45 eoftland.
o the PLACE
OF BEGINNING, -
V0�68�-F3-PA�f _
tavyIXYin A S
TRACT TWO
Be$n5 that certain tract of land out of the B.8. Waller Surveyr
known as the Sycamore Heights Addition - Slook 15, Lot C, being
3.12 acres, more or less, described in metes and bounds as•
follows:
BEGxNNING at an iron rod that beats Wag-hr 1.171.50 feet and
South, 182,45 feet from the Southeast corner of said S.R.
Waller Survey;
THENCE West, a distance of 444.15 feet to a 1 foot by 1
foot square stone found on the east bank of Sycamore Creek,
for a corner,
THENCE North 23 degrees,• 45 minutes Eastr a distance of 300.60
feet to an iron rod lying on the south line of afore men-
tioned Tract 2, of volume 2859, Page 509;
THENCE North 82 degrees 24 minutes East, along said south
line a distance of 474.05 feet to an iron rod lying on the
westerly line of a tract conveyed to Texas Electric Servioe
Company by deed recorded in volume 4415, Page 191, Deed
Records Tarrant County, Testas;
THENCE South 23 degrees 28 minutes- 47 seconds West leaving
said south line a distance of 358.34 feet along said
easterly line to the point of beginning and containing
3.12 acres of land,more or less.
'• -n
VOL 6$'7[ P1 $8
Tract D
EXHIyT g- 2 - -
r ,
C�Immi
y eA 4�eY' `-V'.W4iZ•F •W•i• F../4 A44R.S; F:;•FrM"1S>' .f=:.� .••S,
' D
That I, NOXA LOU CREENE,
of the County of New York, State of New York, for and in consideration
of the sum of Three Hundred Fifty Thousand and no/100---------(0350,000,00)-- DOLLARS
CASH, '
to me in hand paid by TARRANT COUNTY WATER CONTROL AND IMPROMM DISTRICT NUMER
ONE,
the receipt of which is hereby acknowledged,
have Granted, Sold and Conveyed, and by these presents do Gran%SW and Convey,unto the said
TARRANT CMM.WATER CONTROL AND n7PROVEMENT DISTRICT NDMBER ONE, a body politic
created and existing under and by virtue of Art. 7880 of the Revised civil Statutes
of Texas,
of the County of Tarrant State of Te--^ all that certain
lot, tract, or parcel of land lying and being situated in Tarrant County, Taxers,
described as follows, to-Wit:
Being all that certain lot, tract, or parcel of land out of the B. 8. WALLM SURVEf,
Abstract; No. 1659, Tarrant County, Texas, beim a portion of that certain tract of
land known as the First, Second, and Third Tracts of land as described iiL-a Deed of
record from W. C. Forbess to Jennie D. Forbess, dated July 25, 1921, and recorded i$
Volume 543, Page 599, Deed Records of Tarrant County, Texas, being generally situated
East, approximately 2 miles from the CourtImuse of Tarrant County, Texas, and being
more particularly described as follows:
BEGINNING at an iron rod lying on the North line.of-a tract of land, being Tract 2,a
parcel of land deeded to the Tarrant County Water Control and Improvement Distrlet
Number One by Deed raeorded in Valu 2859, Page 509, Deed Records of Tarrant County,
Texas, said iron rod bears West 950.0-feet and North 521.55 feet from the B. E.
Waller Survey Southeast corner;
THENCE South 82 degrees 24 minutes West a distance of 820.00-feet along the North line
of said Tract 2 to Tarrant-County Water Control, and Improvement District Number One to
an iron rod for a corner;
THENCE North 33 degrees 25 minutes West a distance of 44.20 feet to an iron rod for a
earner; •'
THENCE South 83 degrees 27 minutes 13 seconds West a distance of 95.06 feet to an iron
rod for a earner;
1
THENCE South 39 degrees 35 minutes West a distance of 59.65 feet to an iron rod lying
on the North line of a tract known as Tract 1, a parcel of land deeded to the Tarrant
County Water control and Improvement District Number One by Deed recorded in Volume
2859, Page 509, Deed Records of Tarrant County, Texas;
THENCE South 82'degrees 24 minutes 'gest along said'North line a distance of•105.90
feet to a point for cozuar;
THENCE North 03 degrees 37 minutes 08 seconds West a distance of 2493.45 feet to a
point in the centerline of the Trinity Fiver;
THENCE down the Trinity Fiver along its centerline the following courses and distances!
South 76 degrees 22 minutes 06 seconds East 454.0 feet;
South 59 degrees 14 minutes 46 seconds East 250.59 feet;
South 78 degrees 49 minutes 26 seconds East 176.55 feet;
,North 79 degrees 29 minutes 33 seconds East 217.20•feet;
South 74 degrees 59 minutes 44 seconds East 168_37 feet;
THENCE South leaving the centerline of said river, at 25,00 feet passing an iron rod
set as a reference point, in all 2057.43 feet to the POINT OF BEGINNING, containing
approximately 59.115 acres of land.
This conveyance is made and accepted subject to a 50 foot.ingress and egress easement
across the traet appurtenant to.the parcel of laud described in Deed recorded in
Volume 5956, Page 996, Asad Records of Tarrant Country; Taurus, and subject to Easement
from Nona F. Greene and husband, L:A. Greene, to Tarrant County Water Control and
Improvement District Number Oae dated November 11, 1957, recorded in Volume 3070,
Page 542, Deed Records of Tarrant County, Texas, and further subject to Uty'of Fort
Worth Zoning Ordinances.
TO UAVE ANA TO HOLD the above described premises,together with all and singular the rights
and appurtenances thereto in anywise belonging unto the said TARRANT COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NUMBER ONE, its successors
;wand assigns forever and I do hereby bind myself, my
heirs, executors and administrators,to Warrant and Forever Defend,all and singular the said premises
unto the said TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER ONE, its
successors
JudXand assigns,against every person yvhomsoever lawfully"claiming; o; to claim the same, or any part
thereof.
NOTRITBSTANDpNG the date hereof, the effective date of this Deed is January 2, 1980-
WITNESS .my hand at New Yorlc, New York,
this 5th day of December ,19 79.
A
�'Y�•� C
NON&LOU GREENE
SINGLE ACRNOlVLEDG6ffiVT
THE STATE OF W-.Y0WK
COUNTY OF NEW YORK j
BEFORE ME,the undersigned,a Notary Public in and for said County and State,on this day personally appeared
NONA LOU.G)1$ NE,
knowry e to bbekth.p5rson whose mune is subscribed to the foregoing instrument,and aclmowledged to
'rated the same for the purposes and consideration therein expressed
•- lj`, GIVEN UNDER+ MY HAND AND SEAL OF OFFICE,
0""'utY��jds the 1 1 day of December, A D.19 79.
jou;F' 4\i aCott
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"r SINGES ACI[NO PId)MMT
THE"5TA a TEXAS,
COUNTY OF
BEFORE ME,the undersigned,a Notary Public,in and for said County and State,on this day personalty,appeared'
known to me to be the person.; whpse name subscribed to the foregoing fnstrumeot,and admowledged to
Inc that he executed the some for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
this the day of A.D.19
Notary Public in and for County,Toes
CORPORATION ACKliM OMMM
THE STATE OF TEXAS,
COUNTY OF i -
BEFORE ME,the undersigned,a Notary Public in and for said County and State,an this day personally appeared
known to me to be the person and officer
whose mate is subscribed to-the foregoing fnstroment and arlmowledged to me that the same was the act of-the said
a corporation,and that he exem"the same as the act of such corporation for the purposes and consideration therela
expressed,and in the capacity therein stated.
GIVEN UNDER.isdY HAND AND SEAL OF OFFICE,
this the day of A•D,19
Notary Public in and for County,Texas'
THE STATE OF TEXAS,
COUNTY OF
I HEREBY CERTIFY that the foregoing instrument of writing with its mrtifinte of authentication, was filed for
record in my office on the day of ,A.D.19 at - o'clock M.,
and was drily recorded by me on the day of A.D.19
in Vol, ,page ,of the Records of said County.
WITNESS MY HAND and the Seal of the County Court of said County,at my office in
the day and year last above written, - -
(11S) County perk County Texas
B1 Deputy.
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VOL 6810 PACE.-129
Trad E
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TarrantCnuntyTexas
Electronically Recorded L
NOTICE Or` C(1X�IT�FD� °` TS: j+ '2l 1%ff'
YOII IY.tAY dl..,, �,_. . ., VW OR. ffMV 6M TM, MOMM
AI's.tl MW-1N
Rx4L PRt3 Ty39M ORD, IT 19 EILM)FOR RECORD IN TBE PU&IXCMCORDS.
YOURSOCUL ER,'RbRYYQuRDMVWSYICMMIQXM9.
MAL WARRANTKAM
TER STATE Or TM9 § -
§ XIOWALLhM 'BYTt3E9HPRES13NT9.
CODNTY OF TARRANT §
That MCBML W DAM,by and thmugh TErgarst H.Babas as his estomsy in-facet,
W.C.BAEMN, AS.TRUSTEE OF TBE BMMONS X BAHAW TESTAMENTARY TRUST
AND THE BLANCM C. BAUM TESTAMWM-Y''TRMT, and 3PMORCrAW CHASE
BAMS N.A., AS TRUSTEE OF THE MMA ANN 13AUAN EVOCABLE TRUST, TM
MRY.-JA'bll;'COLL= REMbOADLE Tg_UST,, AND TETE MAN-BAMW SHME
REVOCABLE TRUST(nellenft y+"Grantor'),for and in consideration oftbe sum of Tern uud
un/1.00 Dollars($I0.0U)and other goad and valuable oansideration in band paid to Grantor by
TAPMM REGIONAL WATER DISTRICT, a.Water Control and Improyarowt District; a
WrlypoMb and ca orah;- nder the Iaws of Texas,having its pmnelpO office at SOU Efmt.Xorth
Side Drive, Fort Worth, Tarrant County, Taxas 76102-1097 ("C•rrantea?% the xeee%pt and
saffiriiatcy of which consideration are hereby acknowledged; has this day EAR.GARM,
aRANTED, SOLD AND CONVEYED and does hereby BARM419, MAU, SELL AND
CONVEY unto Grantee fba s`euplo tide to ihB stekoe estate only of Em lands heraloafrer
spaoffEcAy desozlbed on Ex1n'hk "A." together with aII of GrmtDes right in and io the
iinpoyamelft,acc=011e03 rights,pdvileges and qpurtamwas thereon and-tbereto,or enjoyed
or used in eaunaudon therawiffi.inclu ft,-Mthatt!MWM:4 the x 911 and prnwers of Grantur
eviclanwA by CaMnate of Adjudicnioa No.09-3379 with a.priority date of'Ap&300,3931,a
copy of wbiab-is rawrded in Valuma 8214,Page 1975,Real Properly Records,Tarrant Country,
Texas,and Grantor's xights to raeeive,surface releases and/or swdace damage paymenfa to the
oxtmt attcNnftble to the land conveyed harem under that certain. Oil and Gas Lease dated
Saptember 13,2005 by andbetwee0vantor,as Lessor,andDaleRwournes,L.L.C.,as Lessee,a
ra momoAma of which is recorded as Imtrumeut No. D20608598,Real Property R.ecozrls,
TwMt Cotstdy,Texas,as amended(tate"Leese")(calieafively,fha"Property"),subject only to
tens reservations and.pmultted aa=branaes hereinafter setRath.
it b wq=Mly understood and agzeed that Caantor hereby reserves ana excepts from1his
ooAveyanc6 all oil,gas and other minerals on,in and under aH afthe Property,andtbst may be
pradwa&and sMdttefrom. The resertm*n set forth in tbis paragrapih is hereinafter raf=ed
to es the`vmeralR.eswvaiion,"
It is further expressly understand and agreed that Grantor hereby reserves and euepts
£roan this convaparm an easeuzent fir ingress and egress frdnn Beach street to the 1921 acre
tmot nonveyerl to Chesapeake Lend Company,L.L.C.,3n the Deed recorded as InaimmeutNo.
D2t372759$3,Real Property Records,Tauvit County,Texas,such umm ent being a,xuwdraum
of thirty feat(30") wide along such route as Grantor and Grantee shall muff lly agree (the
-ReWnedBasemenf). tixanntea,in.Grantees sole,and absolute disorefioo,may detam ane on one
or more ocaWtons that tha xoute of the Retained Easement is to be moved to alternative rotite(s)
to promote,accommodate,or facilitate Grantee's uses of the Property,such alternative route(s)
to be determined by Grantee in its sole and absolute disoretiont Provided however,that the
alternate route(s) shall at all times provide Grantor land based, vehicular ingress and egress to
said•15.21 acre tract without the necessity of building bridges across current or abandoned river
channels.
Notwithstanding the foregoing Mineral Reservation and Retained Easement,and for the .
same consideration recited above, Grantor does hereby TRANSFER,ASSIGN AM CONVEY
unto Grantee the rights,if any,provided to or reserved by Grantor in the Lease to consent to the
use of the surface of the Property for the conduct of operations for the production of oil, gas and
associated hydrocarbons. From and after the expiration of the Lease and any.other mineral
leases currently affecting the Property and subject to the Retained Easement, Grantor fmtther
RELBA.SES,WAIVES,TRANSFERS,ASSIGNS,AND CONVEYS to Grantee all rights to use
all or any part of the surface o£the Property,including,without limitafiM,the right to eater upon
the•surface of the Property,for purposes of exploring for, developing, drilling, producing,
transporting, mining, treating, storing or any other purposes inFjdent to the development or
production-of any oil, gas and other minerals in and under the Property. Provided,however,
nothing contained in this paragraph shall ever be construed to prevent Grantor or arty mineral
lessee from developing or producing the oil,gas and other minerals is and under the Property by
pooling or by directional drilling under the Property from wellsites located on lands other than,
the Property,so long as such actions do not interfere with the use of the surface of the Property,
including subjacent and lateral support for all structures or other improvements or facilities now
or hereafter constructed on the Property.
TO HAVE AND HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging, subject to the Mineral Reservation, the Retained
Easement and the matters set forth on Exhibit`B"attached hereto and incorporated by reference
(the "Permitted Exceptions") unto the said Grantee, its successors and assigns, forever, and
Grantor does hereby bind Grantor, Grantor's heirs, executors, administrators, successors and
assigns,to WARRANT AND FOREVER DEFEND all and sing+alar the Property,subject only to
the Mineral Reservation, the Retained Easement and the Permitted Exceptions, unto -the said
Grantee,its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part throe of when the claim is by, through or under Grantor, but not
otherwise. It is understood and agreed,however,that(i)JPMorgaa Chase Bank,N.A.is acting
herein only in its fiduciary'capacity and not otherwise, (ii)that Morgan Chase Bm*, N4
shall never have any individual or corporate liability or responsibility under or by virtue of this
Deed for the transaction for which this Deed is a part,and(iii)Haat the foregoing provisions shall
be forever binding upon Grantee,its legal representatives,successors and assigns.
Remainder of Page Intentionally Blank,Signature Pages Follow)
_Z_
EXECUTED to be effective January 1,2009.
zvzMCU"L W.DA AN
ha
am)-Y-A-
$y: H.Bahan,atto ` -in-fact
THE STATE OB TEXAS §
COTINTY O)t BEXAR §
The foregoing instrument was acknowledged before me on this 42N day of January,
2009,by Margaret H,13aban�as attorney-in-fact on behalf of Michael W.Baban.
()Q-0-Q,-kff \4Z S
Q!"" ,MQUE ECCLES Notaty*fir,--SthtF,.of Texas
Public
STATE QE TEXAS
e Mi.Comm.00 M-07-2x09
-3-
EMKONS R BAHAN TBSTAME'NTARY
TRUST
By:W.C.Gahan,Trustee
BLANCHE C. RA-IAN TESTA ENTARY
'TRUST
By:W C.Bahan,Trustee
THE STATE OF TEXAS §
COUNTY OF TARRANT §
The.foregoing instrument was acknowledged before me on Ibis �p 'ilay of January,
2009,by W.C.Bahan,Trustee of the Emno Bahan Testamentary Trust,
r i2113MI2809
eiyn d Sf by
Gm�*nExpkes
Notary Public tate f exas
THE STATE OF TEXAS §
COUNTY OF TARRANT §
The foregoing instrument was acknowledged bdore me, on this L" dfa:yof January,
2009,by W.C.Bahan,Trustee of the BIanche C.Baban.Testameatary T rust.
eve�yn i sfarkay
MyCommissionExpkes
,FwTfN
92 3 2009 Notfiry Public
-4-
JULIA ANN BAHAN REVOCABLE TRUST,
MORGAN CHASE BAN T,N A,TRUSTEE
e. J*�q
By.K le Gubermtor,Viee President
MARX JANE COLLINS REVOCASI:E TRUST,
VMOR.GAN Cf USE BAH N.A.,TRUSTEE
By:141a Gubemator,Vice President
JOAN BAHAN RIAM REVOCABLE TRUST,
]MORGAN CHASE BANK,N.A..,TRUSTEE
By:Kyle Gubernator,'Vice President
THE STATS OF TEXAS §
COUNTY OF BEXAR §
The foregoing instrument was acknowledged before me on this 0?t day of January,
2009,by Kyle Gubemator,Vice President of Worgan Chase Bank, T.A.,Trustee of the Julia
Ann Bahan.Revocable Trust
�`►�'' JACQUE ECCLESWho Nbk
,
MT5 0FTE)(AS otary PubHe State og Texas
"r y MY Cortin.E*MP-200
COUNT'Op BEXAR §
The foregoing inch Ment was acknowledged before we on this to day of January,
2009,by Kyle Gubemator,Vice president of JFMorgan.Chase Bank,N.A.,Trustee of the Mary
Jane Collins Revocable Trust.
JACQUE ECCLES eS
# k Notary Milo Notary P �c--State of Texas
STATE OFTE)(A8
{ OF y W rmm.EXp.X.0 .2009
-5-
TILE S'L'ATS OF TEXM §
COUNTS'OF BEXAR
The foregoing instrument vas aclamwledged before no on this clay of.1anuary,
2009,by Kyle Gubemator,Vice President of JPMargan Chase Bank,N.A.,Tnmtee of the Joan
Balm Sherpa Revocable Trust MG
OGLC C I(ea 5
(3MYCbmm.F—V-0?-07-M0D NotaryPubli --State of Texas
TOS
R.,Steve Christian'
"Farrant Regional Vater Disida '
P.O.Box4508
Fort VoA TX 76164-0508'
r:�vzwnir�rnwavanv,�ayn�,waoRrvb.nt�wns�xitw.m,rnue��.a,�
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!' LEGAL DESCRIPTION
i
13EING a tract of land situated in the E.M.Daggett Survey,Abstract No,431 and the B,F,Waller Survey,Abstract No.
i 1659 in the City ofFort Worth,Tarrant County,Texas,and being a por5on of a tract of land described in a
j deed to Amen'trustTexas N.A.,as trustee under that certain Julia Ann Bahan revocable trust,Mary Jane
Collins revocable trust,Joan Gahan Sharpe revocable trust;and Michael W.Gahan recorded In Volume
10484,Page 6B3,Deed Records,Tarrant County,Texas(D.R TO.T.),and further being a portion of a tract of
land described in a deed to Julia Ann Bahan,Mary Jane Collins,Joan Behan Sharpe and Michael W Gahan,
' recorded in Volume 12.607,Page 2058,D.R.T.G T.and-further being a portion of a tract of land described in a
r deed to Emmons R,Bahan testamentary trust and Blanche-C.Gahan testamentary trust recorded in Volume
11089,Page 232,D,R.T.G,T.,and further being a portion of a fract of land described in a deed to E,R.13ahan, '
Merle W.Behan,Mary L.Whiteman and Sophia B.Purvis recorded in Velume 4300,Page 426,DKT.C.T.;
said tractof land being more particularly described by metes and bounds as follows;
i 13EGINNING at a 7!B inch iron rod found(control monument)being the Northwest comer ofa tract of land described Ina
t deed to Tarrant County Water control and Improvement district Number one recorded in Volume 2955,Page
424,D.R.T.C.T.and being the Southeast comer of a had of land described Ina deed to Tarrant County
i Water Control and Improvement District Number One recorded in Volume 6870,Page 14286,D,R,T.C.T.acid
1 the Southwest comer of the herein described tract;
THENCE North 01 degrees 04 minutes 29 seconds West along the East line of said Tarrant County Water Control and
j improvement District Number One tract;a distance of 820.87feetto a 518 inoh capped Iron rod found
stamped Dunaway Associates LP.,being the southwest comer of a treat of land described in adeed to
i Chesapeake Land Company,L.L.C.,recorded In document No.D2072759B3,R.R.i'.C.T.,
THENCE North 88 degrees 65 minutes 30 seconds Eastalong the south line of said Chesapeake tract,a distance of
600,65 feet to a 518 inch capped iron rod found stamped Dunaway Associates L.P.;
i
THENCE North 01 degrees 04 minufes 29 seconds West along the east line of said Chesapeake track a distance of
' 496.22 That to a 518 Inch capped Iron rod found stamped Dunaway Associates L,P.;
THENCE North 88 degrees 65 minutes 31 seconds East along the south line of said Chesapeake tract,a distance of
j 401.07feet to a 518 inch capped iron rod setstamped TranSystems;
THENCE North 53 degrees 10 minutes 19 seconds East along the easterly line of said Chesapeake tract,a distance of
136.17 feet to a polio for comer in[he Unity River;
1 THENCE NDM 64 degrees 51 minutes 01 seconds East continuing along the easterly line of said Chesapeake tract,a
distance of 18,65 feet to a X in concrete set,on top of a reinforced concretapip%being the northeast comer
of said Chesapeake tract in the centerline of the Trinity River;
THENCE South 58 degrees 14 minutes 26 seconds East along said centerline.of river,a distance of 59.35 feetto a&r
i capped Iron rod set stamped TranSystems,on the West right-of-way line of Beach Street as shown on Pile
No.K-1 02 on record in the offlee of public Works Department of Engineering of the City of Fort Wortfi;
s
_ �IYP�WSnS15sv�y.�pA�L9AHAN.REVi5Ebd0.15kid%
EXHIBIT
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THENCE South 22 degrees 06 minutes 42 seconds West along said West right-of-way late at B2.15 feet passing the
j Fast comer of said Behan tract recorded in Volume 4300,Page 426,in all a distance of 37OB7 feet to a set
518 inch capped iron rod stamped TranSystems,at the beginning of a curve to the left,whose center bears
South 67 degrees 53 minutes 17 seconds Fast,a distance of 1487.50 feet,and whose chord bears South 17
degrees 27 minutes 39 seconds West,a distance of 241.23 feet;
I
THENCE Southwesterly,along said curve to the lett through a central angle of 09 degrees 18 minutes 07•seconds,an
arc length of 241.50 feet to a set Rainch capped iron rod stamped TranSystems,Iying In the Last Ilna of
Block 5 In said Sycamore Heights Addition;
THEkE South 01 degrees 04 minutes 29 seconds Fast,at 384.77 feet passing the Southeast comer Df said Block 5,
at 414.77 feet passing the Northeast comer of Block B in said Sycamore Heights Addition,in all a distence of
616.89 feet to a P.K.nail In asphaitset,being the Northeast comer of said TarrantCounty Water Control and
Improvement District Number One tract recorded in Volume 2055,page 424,D.R.T.C.T.;
THENCE South 66 degrees 08 minutes 32 seconds West along the North line of said Tarrant County Water Control and
Improvement District Number One tract,a distance of 86.10 feet to a set 518 Inch capped iron rod stamped
TranSystems,at the beginning of a curve to the right,whose center bears North 23 degrees 51 minutes 27
i seconds West,a distance of 971.28 feet,and whose chord bears South 73 degrees 58 minutes 56 seconds
l
West,a distance of264.97 feet:
THENCE Southwesterly,along said curve to the right through a central angle of 15degrees 40 minutes 46 seconds,an
arc length of 265.80 That to a pDint for comer,hom which a concrete monument with brass disk found
_
stamped T.C.W.C.i.D.No,'I bears North 81 degrees 48 minutes 33 seconds Fast,a distance of 0,64 feet
THENCE South 81 degrees 48 minutes 26 seconds West continuing along the North line of said Tarrant County Water
Control and Improvement Disfdot Number One tract,a distance of 319.87 feet to a 718 inch iron rod found
(Control Monument)lying in the West line of said Block 9;
I THENCE South 81*degrees 48 minutes 39 serxmds West,a distance of 302.53 feetto the POINT OF BEGINNING and
containing 951,316 Square Feet or21.839 Acres of Land.
Note,Survey sketch to accompany this legal description. -
Note,Basis of bearing=NAD 83 Texas North Central Zone(4202).
( Note;Coordinates shown are surface coordinates based on NAD 83 Texas North Central zone(4202)with
! an adjustment factor of 1.0001376289116
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f do herebycertify on this 96th day of October,2007,that a survey was made on the ground as per The fiald notes shown on this
I -survey and is true and correct according to the standards of the Texas Society of Professional Surveybm Standards and
' Specifications for a Category 1A,Condltion 11 Surrey,and accurate as to the boundaries and areas of the subject property and the
9 size,location and type of bu lifts and Improvements located whin five(5)feet of said boundaries,,If any,and shows the location
of all visible easements and rights-of-way and the easements,and other matters of record as listed in Schedule H of
the Commitment forTTffe issued by Chicago We insurance Company,Dated September 7,2007,G1#0810444 TPWB affecting'
the subject property,and the location of all curb cuts and driveways,if any.
t
Except as shown on The survey. i there are no vislble encrpachmenfs upon the subject toe b visible Improvements on
P �`Cl p l p p dY Y p
1 adjacent property,(11)there are no visible encroachmants on adjacent property,streets or allays by any visible improvements on
the subject pioperty�and'(iE1)there are no vlsibfe cpniltcts ordiscrepancTas;
j The subject property abuts Beach Street,a variable width right-of-way,which provides apparent access to and from the subject
Property.
i .
This survey substanilally complies Wh the current Texas Society of Professional Surveyors Standards and SpecE MUons for a
Category 1A,Condition 11 Survey,
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-
1, Easement to the City of Fort Worth,dated November 27, 1957,executed by Emmons R
Balm and wife, Blanche C.Bahm4 et a1., recorded in Volume 3167,Page 564,Deed
Records, Ton-ant County, Texas, and as shown on survey dated October 15, 2007,
prepared by Kenneth D.Erwin,R.P.L.S.#5554
2. Easement created in that certain xudgment:as set out in.Volume 4952,Page 52, Deed.
Records, Tarrant County, Texas, and as shown on survey dated October 15, 2007,
prepared by Kemnetli.D.Erwin,R_P.Y-S.#5554
3. Easement to the City4Fort Worth,dated Pdbruaiy 15,1972,executed by B.R.Babatt '
et a1:,recorded in Volume 5220,Page 929,Deed Records,Tarrant County,Texas,and as
shown on survey dated October 15, 2007, prepared by Xeme&D. Erwin, R.P.L.S. #
5554
4. Easement to the City of Fort Work dated September 25,1990,executed by Emmons R.
Bahan Testamentary'Trust and Blanche C. Bahan Testamentary Trust by Ml ia;,, C,
Bahan,Trustee,recorded in Volume 10222,Page 2204,Deed Records,Tarrant County,.
Texas,and as shown on survey dated October 15,2007,prepared by Kenneth D.Erwin,
R.PJ-S.#5554-
5. Terms,conditions and stipulations contained in Deed and Grant ofFIoodway Easements
Agreement dated May 7, 1951, executed by and between Fort Worth improvement
District Number One and Tarrant County Water Control and Improvement District
Number One,and recorded in Volume 2313,Page 509,Deed Records of Tarrant County,
Texas,and as noted on survey dated October 15,2007 prepared by Kenneth D. Erwin
R.P.L.S.#SS54
6. Terris, conditions and stipulations contained in Peamanent Easement Agreement dated
September 27, 1990, executed by and between Michael W.Bahan and loan AC Bahan
Sharpe, hdivld:dWy and as Co-1ndependont Executor and Executrix of the Estate of
Marle W.Bahan,Deceased and Julia G.Behan and the City of Font Worth,and recorded
in Volume 10222,Page 2213,Deed Records of Tarrant County,Texas,and as shown on
survey dated October 15,2007,prepared by Kenneth D.Erwin R.P.L.S.#5554
. 7. Terms,conditions and stipulations contained in Pipeline Right-of-Way Agreement dated
January 27, 2006, executed by and between W. C. Bahan, Trustee of the Emmons R.
Bataan Testamentary Trust and the Blanche C. Bahan Testamentary Trust, M obael W,
Bahan,JPMorgan Chase Bank as Tms€ee of the Julia Ann Bahan Revocable Trust,Mary
Pane Collins Revocable Trust and loan Bahan Shmpe Revocable Trust and Prost Brothers
Resources,L.L.P.,and recorded in County CIerk's Rile No.D206029222,Deed Records
of Tarrant County,Texas,and as shown on survey dated October 15,2007 prepared by
Ketmeth I3.Erwin R.P.L.S.#5554
8. Term,conditions and stipulations contained in Pipeline Right-of-Way Agreement;dated
February 7, 2006, executed by and between W. C. Baban, Trustee of the Emmons R
Bahan Testamentary TWO and the Blauche C. Bahan Testamentary Trust; Mxehael W
Baban, *Morgan Chase Bank as Trustee of the Julia Ann Bahan Revocable Trust,MW
Jane Collins Revocable Trust and Joan Bahan.Sharpe Revocable Trust and west Fork
Pipeline Company, LLC, and recorded in County Clerk's File No. D206115726, Deed
Records of Tarrant County, Texas, and as shown on survey dated October 15, 2007,
prepared by Kenneth D.Erwin,R.P.L.S.#5554
9. T&ms, conditions and stipulations contained in memorandum of Oil, Gas or Umcral
Lease dated February 7,2006,between W. C.Behan, Trustee of the Emmons R.Sahara
Testamentary Trust and the Blanche C. 33ahau Testamentary Trust,Michael W. Gahan,
JPMorgan Chase Baur as Trustee of the Julia.Ann Bahan Revocable Trust,Mary Jane
Collins Revocable Trust and Joan Saban Sharpe Revocable Trust, as Lessor, and Dale
Resources,L.L.C.,as Lessee,recorded."in Coputy 01erk's Flle No.1)206048S98,Deed
Records of Tarrant County, Texas, and as ,noted on survey dated October 15, 2007,
prepared by Kenneth D.Brw4 R.P.L.S.#5554
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Electranir,Recordation Exchange:Authorized Users Only Page I of l
Document Receipt Information
Reference Number.,081141.0-fenj-Warranty peed
Instrument Number; ID2090045311
No of Pages: iZ
Recorded Rare; 1/8/2009 8:29:45 AM
County: Tarrant
Ynluhxe:
Paget
Reearding Pee; $60.00
_........._._.._bttps:/Lwww,mxrhdngeoomA1 - lowReceiptaspiMocument-ID.--2 67807..:.........._......__.............._....._..._..........118120(39__.----.......... __..-
TRACT H
EXHI.BIT --2--q . _
Rattikin Title Compan
SPECIAL WARRANTY DEED
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.
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That Chesapeake Land Development Company,L.L.C.,an Oklahoma limited liability
company ("Grantor"), for and in consideration of the sum of Ten Dollars ($10.00) and other
valuable consideration paid to Grantor by Tarrant Regionat Water District,a Water Control
and Improvement District, a body politic and corporate under the taws of Texas ("Grantee"),
whose mailing address is 800 E.Northside Drive, Kort Worth,Texas 76102,the receipt of which
is hereby acknowledged,has GRANTED,SOLD AND CONVEYED,and by these presents does
GRANT,SELL AND CONVEY unto Grantee,the surface estate only of that certain tract of real
property situated in Tarrant County, Texas, described in Exhibit "A" attached hereto and
incorporated herein by reference (the "Land"), together with all improvements and fixtures
thereon and all rights, interests and appurtenances appertaining solely to the Land(collectively,
the"Property").
Grantor hereby RESERVES all of Grantor's right,title and interest in and to the oil, gas
and other minerals that are in, on and under and that may be produced from the Property (all of
which interests are excluded from the definition of"Property"above). The reservation set forth in
this paragraph is hereinafter referred to as the"Mineral Reservation."
Grantor hereby further RESERVES a perpetual subsurface casement under and through the
Property for the placement of an unlimited number of well bares from oil or gas wells the surface
locations of which are situated on tracts of land other than the Property, for the purpose of
developing oil,gas and other minerals in and under the Property andfor any other lands,regardless
of whether such other lands are pooled with or located near the Property. The reservation set forth
in this paragraph is hereinafter referred to as the"Well Bore Easement"
Notwithstanding the foregoing Mineral Reservation,and for the some consideration recited
above, oder than as allowed pursuant to the reserved Well Bore Easement; Grantor does hereby
waive all rights to use all or any part of the surface of the Property,including,without limitation,the
right to enter upon the surface of the Property for purposes of exploring for,developing,drilling,
producing,transporting,mining,treating,storing or any other purposes incident to the development
or production of the oil, gas and other minerals in and under the Property; provided, however,
nothing herein shall be construed as preventing Grantor from exploring for, developing or
producing the oil,gas and other minerals in,on and under the Property by pooling,by directional or
horizontal drilling under the Property from well sites located on tracts other than the Property,or by
any other method drat does not require ingress and egress over the surface of die Property;provided,
however,that the well bore for any oil or gas well that enters the subsurface of the Property shall be
at a depth of at least 100 feet below the surface of the Property.
1243205
This conveyance is made by Grantor and accepted by Grantee subject to-all easements,
restrictions, rights, reservations, encumbrances and other matters described in Exhibit `B"
attached hereto and incorporated herein by reference(collectively,the"Permitted Exceptions').
TO HAVE AND TO HOLD the Property, together with, all and singular,the rights and
appurtenances thereto in anywise belonging, unto Grantee and Grantee's successors and assigns
forever; and subject to the Mineral Reservation, the Well Bore Easement and the Permitted
Exceptions,Grantor does hereby bind itself and its successors and assigns to warrant and forever
defend,alt and singular,the Property unto Grantee and Grantee's successors and assigns,against
every person whomsoever lawfully claiming or to claim the Property or any part thereof, by,
through or under Grantor,but not otherwise.
EXECUTED to be effective as ofthe.ILA day of May,2011.
GRANTOR:
Chesapeake Land Devela Company,L.L.C.,
an Oklahoma limited li ompany
JA
By. _ . . ... .... - :_..
Hen J.Hood, io� ice President—
Land&Legal eneral Counsel
STATE OF §
COUNTY OF §
This instrument was acknowledged before me on the /5'f day of May,2011,by Henry
J. Hood, as Senior Vice President--Land &Legal and General Counsel of Chesapeake Land
Development Company, L.L.C., an Oklahoma limited liability company, on behalf of said
limited liability company.
Notary Public,State of &AAtw,4
f #090a885Q
i Printed Name: gr
P.1t1/23/1g — My commission expires:
r a
AFTER RECORDING RETURN TO:
ETHEL STEELE
POPE HARDWICKE ET AL
306 W. 7TH ST., STE. 901
FORT WORTH, TX 76102
2
_._............................_..............._... _ ..... ...._.. .. . .. . . ... . .. ... . .......... . . .. ............. .. ... . .
EXHIBIT"A"TO DEED
Property Description
PARCEL#521
LEGAL DESCRIPTION
BEING a tract of land situated in the E.M.Daggett Survey,Abstract No.431 and the B.E.
Waller Survey,Abstract No.1659 in the City of Fort Worth,Tarrant County,Texas,and
being a portion of Blocks 2,3,4,5 and 6,Sycamore Heights Addition,an addition to
the City of Fort Worth,Tarrant County,Texas,recorded in Volume 309,Page 11,Plat
Records,Tarrant County,Texas,and a portion of Downman Street,Jones Avenue and
Murray$treat,all closed and abandoned by City of Fort Worth Ordinance Nos.5564
and 5675,recorded in Volume 4300,Page 423,and Volume 4321,Page 77,Deed
Records,Tarrant County,Texas(D.R.T.C.T.),and being a portion of a tract of land
described in a deed to Chesapeake Land Company,L.L.C.,recorded in Documenl No.
D207275983,D.R.T.C.T.;said tract of land being more particularly described by metes
and bounds as follows:
COMMENCING at a 7/8 inch iron rod found(control monument)being the Southeast corner of a tract
of land described in a deed to Tarrant County Water Control and Improvement District
Number One,recorded in Volume 6870,Page 1426,D.R.T.C:T.and the Southwest
comer of a tract of land described in a deed to Tarrant Regional Water District,
recorded in Document No.D209004538,D.R.T.C.T.;THENCE North 01 degrees 04
minutes 29 seconds West,a distance of 820.87 feet to a 518 inch capped iron rod
found(control monument)being the most Westerly Northwest corner of said Tarrant
Regional Water District tract and the Southwest comer of said Chesapeake tract and
the POINT OF BEGINNING of the herein described Traci;
THENCE North 01 degrees 04 minutes 29 seconds West along the West line of said
Chesapeake tract,passing at 1101.35 feet a set 5/8 Inch red capped Iron rod
"Reference Point'stamped TranSystems,on the top of bank of the Trinity River and
continuing in all a distance of 1251.45 feet to a point In the centerline of the Trinity
River;
THENCE along the centedine of said Trinity River as follows;
THENCE South 61 degrees 39 minutes 17 seconds East,a distance of 159.55 feet,
THENCE South 53 degrees 39 minutes 48 seconds East,a distance of 151.90 feet,
THENCE South 65 degrees 31 minutes 13 seconds East,a distance of 147.70 feet;
THENCE South 73 degrees 49 minutes 28 seconds East,a distance of 121.45 feet;
THENCE South 73 degrees 03 minutes 32 seconds East,a distance of 118.55 feet;
THENCE South 64 degrees 58 minutes 44 seconds East,a distance of 121.15 feet;
3
THENCE South 52 degrees 12 minutes 17 seconds East,a distance of 98.41 feet;
THENCE South 52 degrees 35 minutes 20 seconds East,a distance of 186.49 feet;
THENCE South 54 degrees 38 minutes 37 seconds East,a distance of 216.31 feet;
THENCE South 58 degrees 14 minutes 26 seconds East,a distance of 2,65 feet to an X in
concrete found in the top of a concrete pipe for drainage under Beach Street,being
the most Northerly ell comer of said Tarrant Regional Water District tract and the
Northeast comer of said Chesapeake tract;
THENCE South 64 degrees 51 minutes 01 seconds West,a distance of 18.66 feet to a point for
corner in the Trinity River,
THENCE South 53 degrees 10 minutes 19 seconds West,a distance of 136.17 feet to a found
518 Inch capped Iron rod stamped TranSystems;
THENCE South 88 degrees 55 minutes 31 seconds West,a distance of 401.07 feet to a found
518 inch capped Iron rod stamped Dunaway Assoc.L.P.;
THENCE South 01 degrees 04 minutes 29 seconds East,a distance of 496.22 feet to a found
518 inch capped Iron rod stamped Dunaway Assoc.L.P.;
THENCE South 88 degrees 55 minutes 30 seconds West,a distance of 600,65 feet to the
POINT OF BEGINNING and containing 793,120 Square Feet or 18.207 Acres of Land,
SAVE and EXCEPT a tract of land containing 108,765 Square Feet or 2.497 Acres of
land,leaving a remainder of 684,355 Square Feet or 15.711 Acres of land;said SAVE
and EXCEPT tract of land being more particularly described by metes and bounds as
follows;
SAVE AND EXCEPT
LEGAL DESCRIPTION
BEING a tract of land situated in the E.M.Daggett Survey,Abstract No.431 and the B.E.
Waller Survey,Abstract No.1659 in the City of Fort Worth,Tarrant County,Texas,and
being a portion of Blocks 2 and 3,Sycamore Heights Addition,an addition to the City
of Fort Worth,Tarrant County,Texas,recorded in Volume 309,Page 11,Plat Records,
Tarrant County,Texas,and a portion of Downman Street,closed and abandoned by
City of Fort Worth Ordinance Nos.5564 and 5675,recorded in Volume 4300,Page
423,and Volume 4321,Page 77,Deed Records,Tarrant County,Texas(D.R.T.C.T.),
and being a portion of a tract of land described in a deed to Chesapeake Land
Company,L.L.G.,recorded in Document No.0207275983,D.R.T.C.T.;said tract of
land being more particularly described by metes and bounds as follows;
COMMENCING at a found 518 inch capped Iron rod stamped Dunaway Assoc.L.P.,being an interior
ell comer of said Chesapeake tract and the most Northerly Northwest comer of a tract
4
of land described in a deed to Tarrant Regional Water District,recorded in Document
No.D209004538,D.R.T.C.T.;
THENCE North 51 degrees 39 minutes 20 seconds West,a distance of 77.37 feet to a
found 518 Inch capped Iron rod stamped K.H.A.,being the POINT OF BEGINNING of
the herein described tract;
THENCE North 70 degrees 48 minutes 42 seconds West,a distance of 516.00 feet to a found
518 inch capped Iron rod stamped K.H.A.;
THENCE North 18 degrees 20 minutes.12 seconds East,a distance of 210.00 feet to a 518 inch
capped Iron rod stamped K.H.A.;
THENCE South 71 degrees 35 minutes 45 seconds East,a distance of 503,00 feet to a 518 Inch
capped Iron rod stamped K.H.A.;
THENCE South 14 degrees 55 minutes 28 seconds West,a distance of 217.46 feet to the
POINT OF BEGINNING and containing 108,765 Square Feet or 2.497 Acres of land;
Note:Basis of bearing=NAD 83 Texas North Central Zone(4202).
Note: Coordinates shown are surface coordinates based on NAD 83 Texas North
Central Zone(4202)with an adjustment factor of 1.0001375289116
5-
EXHIBIT°B"TO DEED
Permitted Exceptions
1. The Iien for 2011 ad valorem taxes not yet due and payable.
2, Terms, conditions and stipulations of Certificate of Adjudication by and between the
Texas Water Commission and E.R. Bahan,recorded in Volume 8214, Page 1975, Deed
Records of Tarrant County,Texas.
3. Terms, conditions and stipulations of Oil, Gas and Mineral Lease, a memorandum of
which is dated September 13,2005,filed for record under Clerk's File No.D206048598,
Deed Records of Tarrant County,Texas,as affected by instrument filed for record under
Clerk's File No, D206163199,Deed Records of Tarrant County,Texas.
4. Terms,conditions and stipulations of, and easements granted by Pipeline Right-of-Way
Agreement filed for record under Clerk's File No. D206115726, as affected by
D21108 t437, Deed Records of Tarrant County, Texas, as shown by survey plat dated
.lune t2, 2009,prepared by Kenneth D. Erwin, Registered Professional Land Surveyor
No.5554.
5. interest in all oil, gas, and other minerals as reserved in deed flied for record under
Clerk's File No.D207275983,Deed Records of Tarrant County,Texas.
6. Easement for right-of-way fled for record under Clerk's File No. D209179919, as
affected by 13211075502,Deed Records of Tarrant County,Texas_
7. Easement for right-of-way granted to.Oncor Electric Delivery Company by instrument
filed for record under Clerk's File No. D209305257, Deed Records of Tarrant County,
Texas.
S. Easement for right-of-way filed for record under Clerk's File No. D209323784, Deed
Records of Tarrant County,Texas.
9. Terms, conditions, stipulations of, and easements granted by Access Easement
Agreement filed for record under Clerk's File No.1321003879-8,Deed Records of Tarrant
County,Texas.
10. Easement for right-of-way filed for record under Clerk's File No. D210303871, Deed
Records of Tarrant County,Texas.
11. Easement for valve site filed for record under CIerk's File No. D210305904, Deed
Records of Tarrant County,Texas.
12, Easement for right-of-way filed for record under Clerk's File No. D211066567, Deed
Records of Tarrant County,Texas.
13, Lack of access from the above described property to a public street,
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/13/2004 - Ordinance Nos. 15820 & 15821; Resolution #
3032 :
DATE: Tuesday, January 13, 2004 REFERENCE NO.: **G-14221
LOG NAME: 800XBOW2
SUBJECT:
Adoption of Appropriation Ordinances and Interlocal Agreement Authorizing Resubmission and Acceptance
of an Application for a 2004 Texas Parks and Wildlife Regional Park Grant, Accept Funds from Streams
and Valleys, Inc. and the Tarrant Regional Water District, and Execute an Interlocal Agreement with
Tarrant County for Construction of Park Road and Parking Lots
RECOMMENDATION:
It is recommended that the City Council:
1.A A A A Authorize the City Manager to apply for and accept, if awarded, up to $2,000,000 from the
Texas Parks and Wildlife Department for the development of recreational facilities and ecosystem
restoration in the area of the Trinity River Oxbow at Gateway Park; and
2.A A A A Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Capital Projects Reserve Fund by $164,984; and
3.A A A A Approve the transfer of$818,725 from the Park and Recreation Improvements Projects Fund,
$253,791 from the Community Development Block Grant Fund, and $164,984 from the Capital Projects
Reserve Fund as the City's matching portion of this grant; and
4.A A A A Authorize the City Manager to accept $25,000 from Streams and Valleys, Inc. as part of the
local private sector participation in the match; and
5.A A A A Authorize the City Manager to accept $1,237,500 from the Tarrant Regional Water District as
part of the matching funds for this project; and
6.A A A A Authorize the City Manager to enter into an Interlocal Agreement with Tarrant County for
construction of a park road and parking lots in the Oxbow area; and
7.A A A A Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund by up to $4,500,000 from available funds, contingent upon receipt of the grant; and
8.A A A A Approve the attached resolution authorizing the resubmittal of the grant application for the
Texas Recreation and Parks Account Regional Park Grants Program.
DISCUSSION:
On May 14, 2002 (M&C G-13624), the City Council adopted the updated Gateway Park Master
Plan.A A The Master Plan included the potential joint venture to develop recreational and ecosystem
restoration facilities in the area of the Trinity River Oxbow at Gateway Park.
Logname: 800XBOW2 Page 1 of 3
The Texas Parks and Wildlife Recreation Grants Branch administers the Regional Grants Program under
the Texas Recreation and Parks Account (TRPA) to assist with the acquisition and development of multi-
jurisdictional public recreation areas and facilities serving metropolitan communities throughout the State
of Texas.A A The program provides 50% matching funds as reimbursement grants to eligible local
governments for both active recreation and conservation opportunities.A A The Parks and Wildlife
Commission awards grants yearly when funds are available.
Grant applications and resubmittals are due to the Texas Parks and Wildlife Department by January 31,
2004, with project selection slated to occur in August 2004.
The remaining portion of the City's match includes $818,725 from the Park and Recreation Improvement
Funds, and $253,791 from Community Development Block Grant funds (both were previously
appropriated for Gateway Park), and $164,984 from the Capital Projects Reserve Fund.
Approval of this Mayor and Council Communication will authorize staff to resubmit a grant application in
the amount of$4,500,000 ($2,000,000 in grant funds and $2,500,000 in local matching funds) to fund land
acquisition, recreational facilities, and ecosystem restoration in the area of the Trinity River Oxbow at
Gateway Park.
On December 17, 2002, the Parks and Community Services Advisory Board endorsed the staffs€TMS
recommendation that the City Council authorize the City Manager to apply for$5,000,000 in Texas Parks
and Wildlife Regional Grant funding for Gateway Park.A A On December 16, 2003, the Board endorsed
resumittal of the grant application.
On January 31, 2003, the Parks and Community Services Department (PACSD) submitted a TRPA
regional grant application requesting $2,500,000 in matching funds.
On August 28, 2003, in its public hearing, the Texas Parks and Wildlife Commission considered the
application for grant assistance.A A Due to funding limitations, a number of projects could not be
supported in this review.A A The Fort Worth application was among those which were not
approved.A A Even though not selected, the City's grant application received the second highest
score.A A In consultation with Texas Parks and Wildlife representatives, PACSD has modified the grant
application slightly in order to increase its score.A A A A Staff remains confidant that the application will
compete favorably with the other submissions.
Gateway Park is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant, and
adoption of the attached appropriation ordinances, funds will be available in the current operating budget,
as appropriated, of the Grants Fund.A A After this transfer, the cash balance in the Capital Projects
Reserve Fund will be $2,464,304.00.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 488767 080306836000 $25,000.00 GR76 538070 080206697160 $78,791.00
GR76 472010 080306836000 $164,984.00 GC10 538070 013010001000 $164.984.00
GC10 472001 013010001000 $164,984.00 C188 538070 080188800080 $174,002.00
GC10 538070 013010001000 $164.984.00 GR76 538070 080206771190 $175,000.00
Logname: 800XBOW2 Page 2 of 3
GR76 472188 080306836000 $174,002.00 GC23 538070 080788112904 $644,723.00
GR76 472076 080306836000 $253,791.00
GR76 472023 080306836000 $644,723.00
GR76 451453 080306836000 $1,237,500.00
GR76 451940 080306836000 $2,000,000.00
GR76 5 VARIOUS 080306836010 $4,500,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Randle Harwood (Acting) (5704)
Additional Information Contact: Eric Seebock (5742)
ATTACHMENTS
1. 800xbow2 2.pdf (Public)
2. 800xbow2.pdf (Public)
3. Resolution.pdf (Public)
Logname: 800XBOW2 Page 3 of 3