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�ONTFACT IV� ,
ASSIGNMENT OF EARNEST MONEY CONTRACT
This Assignment of Earnest Money Contract ("Assignment") is made by Michael Ball,
Trustee (the "Assignor"), to The City of Fort Worth, Texas (the "Assignee").
RECITALS
A. Assignor and Assignee entered into that certain Trustee Agreement dated as of June
15, 2004 ("Trustee Agreement"), by which Assignee engaged Assignor to act on Assignee's behalf in
contracting to purchase certain real property located in the City of Farest Hill, Texas, as more
particularly described in Exhibit "A" to the Trustee Agreement.
B. In accordance with his rights and obligations under the Trustee Agreement, Assignor
and Northeast Service, Inc. d/b/a Horton Tree Service, a Texas corporation ("Horton") entered into
that certain Earnest Money Contract having an effective date of January 26, 2005, and amended by
that certain First Amendment to Earnest Money Contract dated as of Apri14, 2005 (collectively, the
"Contract"), for the purchase by Assignor from Horton of the Property described in Exhibits "A-1 ",
"A-2", and "A-3" to the Contract ("Property"). A true and correct copy of the Contract is attached to
and made a pai�t of this Assignment as Exhibit "1 ".
C. Section 11 of the Contract permits Assignor to assign the Contract without the joinder
of Horton.
D. As contemplated by the Trustee Agreement, Assignor desires to assign the Contract to
Assignee, and Assignee desires to take assignment of the Contract and purchase the Property as
provided in the Contract, all as set forth in this Assignment.
NOW, THEREFORE, for good and valuable consideration, which the parties acknowledge
receiving, Assignor and Assignee agree as follows:
1. Assi nm�ent_. Assignor hereby assigns his right, title, and interest under the Contract
to Assignee. References to "Purchaser" in the Contract will henceforth be deemed to refer to the
Assignee. Assignee hereby assumes and agrees to perform all obligations of Assignor as Purchaser
under the Contract.
2. Enforcement. Assignor authorizes and empowers Assignee to enforce Horton's
performance of those terms and conditions of the Contract to be performed by Seller and to demand
and receive from Horton all documents and items to be given by Seller under the Contract.
3. De�ned Terms. All capitalized terms not defined in this Assignment have the
meanings set forth for such terms in the Contract.
4. Contract Remains in Full Force and Effect. Except as expressly modified by this
Assignment, the Contract remains unchanged and in full force and effect.
Horton Assignment
689305_2
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5. Counterparts. The parties may execute this Assignment in any number of
counterparts with the same effect as if all parties to this Assignment had signed the same document.
6. Governin� This Assignment must be governed by and construed in accordance
with Texas law.
Executed to be effective as of May � I';�2005.
Horton Assignment
689305_2
ASSIGNOR: � f
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MICHAEL BALL, T USTEE
ASSIGNEE:
THE CITY� QF FORT WORTH, TEXAS
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� Libby Watson, Assistant City Manager
Approved as to Form and Legality:
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Assistant City Atto ey
Attest:
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Marty He rix, City Secretary
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EXHIBIT "1"
Earnest Mone,y Contract
Horton Assignment
689305_2
EARNEST MONEY CONTRACT
THIS EARNEST MONEY CONTRACT ("Contract") is entered into as of
JanuaryZ6, 2005 by and between NORTHEAST SERVICE, INC. d/b/a HORTON
TREE SERVICE, a Texas corporation ("Selier"), and MICHAEL BALL, TRUSTEE
("Purchaser").
For good and valuable constderation, Seller and Purchaser agree as
foilows:
Section 1. Sale and Purchase. Seiler agrees to sell and convey to Purchaser,
and Purchaser agrees to purchase and accept from Selier, for the Purchase
Price (defined in Section 2 below) and subject to the terms and conditions set
forth in this Contr�act, the following:
(a) Approximately 1.33 acres of land in the City of Forest Hill, Tarrant
County, Texas ("Land"), more particularly described on Exhibit "A-1" attached
to this Contract, together with ali beneficiai easements, rights-of-way, licenses,
interests, rights, reversionary rights in any vacated streets or rights-of-way,
and appurtenances, if any, appertaining to the Land, but free and clear of all
ifens, clalms, burdening easements, rights-of-way, reservations, restrictions,
encroachments, tenancies, surface access rights under any oil, gas or mineral
leases, and any other encumbrances (coilectively cailed the "Encumbrances")
except the Encumbrances appearing in the Title Commitment (as de�ned
below) that are not cured and that are subsequently waived in accordance with
Section 3 below ("Permitted Encumbrances"). Notwithstanding anything herein
to the contrary, Seller shall reserve ail of the oil, gas and other minerais in and
under and that may be produced from the Land. The mineral interest reserved
by Selier shall include the right to any lease bonuses, rentals, the right to
execute oll, gas and other mineral leases, and the rlght to develop; however,
Seller hereby waives the right of access, ingress and egress to and from the
surface of the Land relating to the portion of the mineral estate reserved by
Seller. Nothing herein, however, restricts or prohibits (i) the pooling or
un(tlzation of the portion of the mineral estate owned by Seller with land other
than the �and; or the (ii) exploration or productlon of the oil, gas and other
minerals by means of wells that are drilied or mines that open on land othEr
than the Land, but enter or bottom under the Land, r vi e t t these
operations in no manner interfere with the surface or subsurface in any
manner, inciuding, without limitation, support of any improvements cons�ructed
or to be constructed on the Land.
(b) A Temporary Construction Easement (��Construction Easement")
granted to Purchaser that will be fifty feet (50') wlde along the entire length of
the western boundary of the Land, which will encumber Seller's retained
Horton Trea 5erviee
663699_S.DOC 1
property, The Construction Easement will terminate following Purchaser's
completion of the intended roadway on the Land and will requlre Purchaser to
construct a temporary fence along the western boundary line of the
Constructlon Easement and the balance of Seller's retained property. The
Construction Easement area is more particularly described on Exhibit "A-2"
attached to this Contract.
(c) A Permanent Slope Easement ("Slope Easement") granted to
Purchaser along a portion of the western boundary of the Land in a location to
be determined by Purchaser and Seller and shown on the Survey (defined
below), which wfll encumber Seller's retafned property. The Slope Easement
will permit Purchaser to adjust as necessary the slope of the brush pile on
Seller's retained property so that such stored brushy material will not encroach
upon the Land. The Slope Easement area is more particularly described on
Exhlbit "A-3" attached to this Contract.
(d) The Land, the Construction Easement, the Slope Easement, and all
improvements, easements, rights-of-way, licenses, interests, rights,
reversionary rights in any vacated streets or rights-of-way, and appurtenances,
if any, appertaining to the Land, subject to the Permitted Encumbrances, are
coilectively called the "Property."
Section 2. Purchase Price Indeoendent Contract Consideration. and
Ear�est Monev.
(a) The purchase price ("Purchase Price") to be paid by Purchaser to
Seller for the Property is the sum of the following:
(i) TWENTY-THREE THOUSAND THREE HUNDRED THIRTY-EIGHT
and 15/100 DOLLARS ($23,338.15), which was determined by multiplying 1.33
acres of Land by Seventeen Thousand Five Hundred Dollars ($17,500.00) per
acre oF Land. If the Survey (defined below) reveals that the actual acreage of
Land is more or less than 1.33, then this component of the Purchase Price wili
be adjusted upward or downward at the rate of $17,500 per acre tlmes the
difference between 1.33 and the actual acreage shown on the Survey. PLUS
((() ELEVEN THOUSAND SIX HUNDRED THIRTY-SEVEN and
50/100 DOLLARS ($11,637.50), which was determined by multiplying 1.33
acres of land wfthin the Slope Easement by Eight Thousand Seven Hundred Fifty
Dollars ($8,750.00), as consideration for the Slope Easement described in
Sectlon 1(c) above. If the Survey (defined below) reveals that the actual
acreage of the Slope Easement is more or less than 1.33, then this component
of the Purchase Price will be adjusted upward or downward at the rate of
$8,750 per acre times the difference between 1.33 and the actual acreage
shown on the Survey. To the extent that the Slope Easement and the
Horton Tree Service
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Construction Easement overiap, then Purchaser shail pay to Seiler a total of
$8,750 per acre (i.e., the Purchase Price for the Slope Easement area) for such
overlapped area. PLUS
(iii) As of the EfFect(ve Date, the area of the Construction
Easement (consisting of approximately 0.67 of an acre) is compietely
overlapped by the area of the Slope Easement, so that the consideration paid
for Seller's granting the Slope Easement is deemed to include the consideration
paid for Seller's granting the Construction Easement. But if before the Ciosing
Date the parties determine that additional area is needed for the Construction
Easement that is not overlapped by the Slope Easement, then Seller shali pay
to Purchaser an amount to be determined by multiplying such additional land
area within the Construction Easement (expressed as a percentage of an acre)
by Three Thousand Five Hundred Dollars ($3,500.00), as additional
consideration for Seller's granting the Construction Easement described in
Section 1(b) above. s
(b) The Purchase Price is payable In cash at the Closing.
(c) Contemporaneously with the execution of this Contract, Purchaser
delivers to Seiler a check for One Hundred Dollars ($100) ("Independent
Contract Consideration") as consideration for Seller's execution, delivery, and
performance of this Contract. This Independent Contract Consideration is in
addition to and independent of any other consideration or payment provided in
this Contract, is nonrefundabie, and will be retained by Seller notwithstanding
any other provision of this Contract.
(d) Within three (3) days following the execution of this Contract by
Purchaser and Seller, Purchaser shall deliver to Titie Company (deflned in
Section 3(a) below) a copy of this Contract and a check payable to the order of
the Title Company for Two Thousand Five Hundred Dollars ($2,500.00)
("Earnest Money"). The Title Company shali hold the Earnest Money in escrow
in an interest-bearing account accruing to the benefit of the party entitled to
the Earnest Money under this Contract. The term "Earnest Money" will include
all (nterest earned thereon. If the purchase and sale of the Property is closed in
accordance with this Contract, the Title Company shall apply the Earnest Money
to the Purchase Pr(ce at the Closing. If the transactfon fs not closed, the Title
Company shall deliver the Earnest Money as provided below.
Section 3. Title Commitment and Survev.
(a) Within twenty (20) days after the Effective Date, Seller shall deliver
to Purchaser an Owner's Comm(tment forTitle Insurance ("Title Commitment")
from Rattikin Title Company, 201 Main Street, Suite 800, Fort Worth, Texas
76102, Attention: Larry Townsend (telephone 817-332-1171) (`�Title
Horton Tree Service
663699_S.DOC 3
Company"), setting forth the status of the titie of the Property and shawfng all
Encumbrances and other matters, if any, relating to the Property, together with
copies of al) documents creating Encumbrances on the Property and copies of
the tax statements covering the Property.
(b) Within twenty (20) days after the Effective Date, Purchaser shall
obtain, at its expense, a survey ("Survey") consisting of a plat and field notes
describing the Property and setting forth the acreage of the Land, the
Constructlon Easement, and the Sfope Easement. The Survey must comply
with the Category 1A, Condition II survey requirements established by the
Texas Society of Professional Surveyors. The description of the Property
prepared as a part of the Survey wlll be used in all�of the documents set forth in
this Contract that require a description of the Property.
(c) If the Title Commitment or Survey faiis to show indefeasible fee
simple title to the Property Co be (n Seiler, free and clear of all En�umbrances,
then Purchaser shall give Seller written notice thereof within ten (10) business
days after receipt of the Tltle Commitment, Survey, and all documents referred
to in the Title Commitment, specifying Purchaser's objections ('�Objections"), if
any. Moreover, at Closing, Seller will provide releases for any deed-of-trust
liens, judgment iiens, mechanics' liens, delinquent taxes, or any other monetary
11ens, if any, encumbering the Property regardiess af whether Purchaser has
included such liens within the Objections.
(d) If Purchaser gives notice of Objections and Seller does not cure the
Objections, cause the Title Commitment and Survey to be amended to give
effect to matters that are cured, and give Purchaser written notice thereof
within ten (10) days after receipt of the notice from Purchaser, Purchaser may
etther (I) terminate this Contract by giving written notice of termination to
Seller and Titie Company at any time before Closing, and, upon such
termination, Tltle Company shall return the Earnest Money to Purchaser, and
neither party will have any further rights or obligations under this Contract; or
(ii) waive the Objections and close the purchase of the Property subject to the
Objections, which wiil be deemed Perrnitted Encumbrances. Notwithstanding
the foregoing sentence, if Seller has commenced curing the Objections and is
diligentiy prosecuting the cure, then Purchaser in Purchaser's so{e discretion
may extend the cure period for an amount of time Purchaser deems necessary
for Seller to complete the cure.
Section 4. Termination, Default, and Remedies.
(a) Purchaser will be in default under this Contract if (i) it fails or
refuses to purchase the Property at the Clos(ng, or (ii) it fails to perform any of
its other obl(gations either before or at the Closing. Purchaser wiil not be in
default, however, if (t terminates this Contract when it has an express right to
Horton T�ee Service
663699_S.DOC 4
terminate or when Seller fails to perform its obligations under this Contract. If
Purchaser is in default, then Seller, as its exciusive remedy, is entitied to
terminate this Contract by giving written notice to Purchaser before or at the
Closing. Foilowing the termination notice, neither party w111 have any further
rights or obligations under this Contract. Title Company will then de{iver the
Earnest Money to Seller as liquidated damages, free of any claims by any
person, including Purchaser. The Earnest Money to which Seller may be
entitled is the part(es' reasonable forecast of just compensation for the harm
that Purchaser's breach wouid cause, which is otherwise impossible or very
difficuit to est(mate accurately.
(b) Seller wiil be in defauit under thfs Contract if (i) it fails or refuses to
sell the Property at the Closing, or (ii) it fails to perform any of its other
obiigations either before or at the Closing. Selier wlil not be in default,
however, if it terminates this Contract when it has an express right to terminate
or when Pu�chaser fails to perform its obligations under this Contract. If Seller
is in defauit, then Purchaser is entitled either (i) to enforce specific perFormance
of Seller's obligations under this Contract with respect to the Property; (ii) to
terminate this Contract by giving written notice to Seller before or at the
Closing, whereupon neither parly wiil have any further rights or obligations
under this Contract and Title Company wili then deliver the Earnest Money to
Purchaser, free of any claims of any person, including Seller; or (iii) to exercise
any other right or remedy available to Purchaser at law or in equity because of
such default, including but not limited to the recovery of attorneys' fees
incurred by Purchaser in connection with such default.
(c) If either Seller or Purchaser becomes entitled to the Earnest Money
upon termination of this Contract, Purchaser and Seller shall deliver an
instructlon letter to the Title Company directing disbursement of the Earnest
Money to the entitled party. If elther party fails or refuses to sign or deliver
such an instruction letter, then the refusing party shall pay all reasonable
attorney's fees and court costs incurred by the party entitled to the Earnest
Money.
Section 5. �'^�in4; Fence: Alternate Landfill Contin4encv.
(a) The Ciosing ("Ciosing") of the sale of the Property by Seller to
Purchaser will occur in the offlce of the Title Company, on or before April 18,
2005, unless Seller and Purchaser agree to an earlier or later date ("Ciosing
Date'�. In addition, Purchaser is entitled to notify Seller if Purchaser desires
the Closing Date to occur at an eariier date by giving Seller at least ten (10)
days' advance written notice of such earlier date.
(b) At the Closing, the following must occur, aii of which are concurrent
conditions:
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663699_S.DOC 5
(1) Seller, at its expense, shall deliver to Purchaser the following:
(i) A Special Warranty Deed, substantialiy in the form
attached to this Contract as Exhibit _"B", fully executed and
acknowledged by Seller, conveying to Purchaser good and
indefeasibie fee simple title to the Property subject only to the
Permitted Encumbrances.
(ii) An Easement Agreement for the Construction
Easement, which must be in a form reasonabiy satisfactory to
Purchaser and Seiler and must be fully executed and acknowiedged
by Seller and Purchaser at Cios(ng.
(iii) An Easement Agreement for the Slope Easement, whfch
must be in a form reasonably satisfactory to Purchaser and Seller
and must be fully executed and acknowledged by Seller and
Purchaser at Closing.
(iv) An Owner Policy of Title Insurance ("Owner Policy")
issued by Title Company to Purchaser for the Purchase Price
insuring that, upon Closing, Purchaser is the owner of either
indefeasible fee simple title to or an easement estate in the
Property (as the case may be), subject only to the Permitted
Encumbrances and the standard printed exceptions included in a
Texas Standard Form Owner Policy of Title Insurance; provided,
however, the printed form survey exception (at Purchaser's
expense) must be limited to "shortages In area"; the printed form
exception for restrictive covenants must be deleted except for any
restrictive covenants that are Permitted Encumbrances; there must
be no exception for rights of parties in possession; and the
standard exception for taxes must read: "Standby fees and taxes
for [the year of Closing] and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due
to change In land usage or ownership."
(v) Evidence reasonabiy satisfactory to Purchaser and the
Title Company that the person executing the Closing documents on
behalf of Seller has full right, power, and authority to do so.
(vi) Seller's affidavit setting forth its U.S. Taxpayer
Identification Number, its office address, and its statement that it is
not a"foreign person" as defined in Internal Revenue Code §1445,
as amended.
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663699_S.DOC (
(vii) Copies of any permits and Itcenses issued by a
governmental authority relating to the Property.
(viii) Any other document or instrument that may be
necessary or reasonabiy required by Purchaser or the Title
Company to complete the Closing.
(2) Purchaser, at its expense, shall deliver to the Title Company
immediately available funds via certified or cashier's check or wire
transfer in an amount equal to the Purchase Price less the Earnest Money,
for payment to Seiler upon Closing.
(3) Seller and Purchaser shall each pay their respective attorneys'
fees, and one-half (1/2) of all escrow and recording fees.
(c) - Ad valorem and similar taxes and assessments relating to the
Property wi11 be prorated between Seller and Purchaser as of the Closing Date, ,
based on estimates of the amount of taxes that wiii be due and payable on the
Property during the calendar year in which the Closing Date occurs. As soon as
the amount of taxes and assessments on the Property for such year is known,
Selfer and Purchaser will readjust the amount of taxes to be paid by each party
with the result that Seller will be responsibie for those taxes and assessments
appiicable to the Property up to and including the Closing Date, and Purchaser
wiil be responsible for those taxes and assessments applicable to the Property
after the Closing Date. All prior years' taxes and assessments will be Se11er's
obligation. This Section 5(c) will survive the Closing.
(d) Upon completion of the Ciosing, Seller shall deliver to Purchaser
actuai possession of the Property, free and ciear of all tenancies of every kind
and parties (n possession. Seller shall aiso have removed ail its personal
property and business fixtures (if any) from the Property as of the Closing Date,
but otherwise all parts of the Property must be In substantially the same
condition as on the Effective Date of this Contract.
(e) Purchaser hereby covenants to Seller that, following Purchaser's
completion of the intended roadway on the Property (and upon the expiration of
the Construction Easement), Purchaser shali erect at its expense a fence along
the western boundary Iine of the Property and Seiler's retained property
("Fence'�. The Fence will be six feet (6') to eight feet (8') high and of chain-
link or "cyclone" constructfon. Purchaser shali be responsible at its expense for
maintaining and repairing the Fence. This Section 5(e) will survive the Closing.
(� Purchaser acknowiedges that Seiler operates a tree and brush
cutting and removal business on and from its retained property abutting the
Property. As a by-product of that business, Seller chips large amounts of wood
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product and stores the wood chlps, large tree 11mbs and trunks, and tree root
balls on its retained property (collectively, "Seller's Operations"). The parties
are unaware of any permits required for Seller's Operations as they are
currently practfced. Seller is concerned that the road proposed to be
constructed on the Property may result in Seller's having to acquire state or
federai permits to continue Seller's Operat(ons on Its retalned property.
Therefore, as part of the consideration for this Contract, Purchaser will pay
Seller - at the time any such costs are actually Incurred - a sum not to exceed
one hundred thousand dollars ($100,000.00) in the aggregate for: (1)
attorneys' fees actually incurred by Seiler in acquiring or opposing future state
or federal permits which regulators may require or attempt to require for
Sefler's Operations, and (2) that portlon of each future permit fee which
exceeds one thousand dollars ($1,000.00). The sum of one hundred thousand
dollars ($100,000.00) shall be the maximum future liability of Purchaser to
Seller without regard to the number of permits required of Seller (or opposed
by Seller) by all permitting entities. All reimbursement requests f�om Seller to
Purchaser must be in writing and must be accompanied by satisfactory written
evidence that Seller has incurred such attorneys' fees and/or permit fees.
Purchaser's obligation to pay attorneys' fee� and permit fees shall terminate on
the earlier of (A) April 18, 2025 (i.e., 20 years from the Closing Date), or (B)
Purchaser's expenditure of the sum of one hundred thousand dollars
($100,000.00) to reimburse Seller for its attorneys' fees or permit fees under
this Section 5(f). Moreover, on the Closing Date, Purchaser shall provide Seller
a letter stating that Purchaser does not object to Seller's Operations as they are
currently practiced and that Purchaser will not object to Seller's acquiring future
permits required to continue Seller's Operat(ons as they are currently practiced.
The obligations set forth in this Sectfon 5(f) will survive the Closing,
Section 6. Review Period.
(a) As used in this Contract, "Review Period" means the period
beginnfng on the Effective Date and ending at 5:00 p.m., Fort Worth, Texas
time, on the date that is sixty (60) days after the Effective Date.
(b) Purchaser may terminate Its obligation to purchase the Property at
any time during the Review Period if Purchaser, in its sole discretion, concludes
that the Property is not suitable for its contemplated use. Purchaser must
exercise its termination rights under this Section 6(b) by delivering written
notice to Seiler at any time during the Review Period, Upon Seller's receipt of
such a notice during the Review Period, Seller will instruct the Title Company to
deliver the Earnest Money to Purchaser, and neither party will have any further
rights or obligations under this Contract. If Purchaser does not send such a
notice during the Review Period, it will be deemed to have elected to proceed
with purchasing the Property, and the Earnest Money will become non-
refundable to Purchaser (except for Seller's default under Sectlon 4(b) above).
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(c) Seller will perm{t Purchaser and its contractors and agents t� go
onto the Property to inspect and test the Property (including engineering
inspections, soil borings, and environmental tests) as Purchaser deems
necessary or desirable. Seller will cooperate wlth Purchaser in arranging the
inspections and tests. Purchaser must repair any damage to the Property
resulting from any inspection or testing conducted by it or at its direction to as
near as practicable to the condition existing before Purchaser's entry. To the
extent permitted by applicable law only (with no requirement of
Purchaser to levy any tax to fund this indemnification obligation),
Pur�chaser hereby agrees to indemnify, defend, and hold Seller
harmless from any and all loss, cost, expense, claim, or damage arising
out of or related to Purchaser's inspection or testing pursuant to this
Section 6.
(d) �_Within flve (5) days following the EfFective Date, Seller shall pFovide
Purchaser with all written information that Seller possesses (other than
privileged communications or attorney work-product) with regard to the
Property, including but not limited to the following:
(1) Environmental studies and reports.
(2) Copies of all governmental licenses, permits, or approvals
relating to any portion of the Property.
(3) Engineering studies or soil tests.
(4) Surveys.
The items listed above are collectively called the "Information." If this Contract
is terminated before Clos(ng, Purchaser wlll return the Information to Seller.
(e) The provisions of this Sectlon 6 control all other provisions of this
Contract.
Section 7. r r.
(a) Seller and Purchaser acknowledge that Michael Ball Realty
Corporation, representing the Purchaser {"Broker") is acting as Broker in this
transaction.
(b) If the Closing is consummated and the Purchase Prlce is funded,
Purchaser shall pay to Broker as a commission for its services with respect to
the transaction a sum equal to five percent (5%) of the Purchase Price.
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(c) Purchaser is advised that Purchaser should have the abstract
covering the Property examined by an attorney of Purchaser's selection or that
Purchaser should be furnished with a poiicy of title insurance. By Purchaser's
execution of this Contract, Purchaser acknowledges that Purchaser has been so
advised in compliance with the Texas Real Estate License Act.
(d) Sei(er acknowiedges that Michael Bali Realty Corporation is an
affiliate of Purchaser and is a licensed Texas Real Estate Broker.
Section 8. Notices.
(a) Any notice required or permitted to be given under this Contract by
one party to the other must be in writing. Notices must be either (i) delivered
in person to the address set forth below for the party to whom the notice is
given; (ii) placed in the United States mail, return receipt requested, addressed
to such par#y at the address specified below; (iii) deposited with1an overnight
delivery service, addressed to such party at the address specified below; or (iv)
sent by facsimile transmission to the party at the telecopy number shown
below. Any maiied notice is effective upon deposit with the U.S. Postal Service
or the overnight delivery service, as applicabie; all other notices are effective
upon receipt.
(b) The address of Selier for all purposes under this Contract is:
Northeast Serv(ce, Inc. d/b/a Horton Tree Service
5120 Southeast Loop 820
Fort Worth, Texas 76140
Attention: Homer Horton, President
Telephone: 817-572-2334 Ext. 211
Telecopy: 817-483-9378
(c) The address of Purchaser for ali purposes under this Contract is:
Michael Ball, Trustee
510 Main Street, Suite 201
Fort Worth, Texas 76102
Telephone: 817-877-5243
Telecopy: 817-338-0126
(d) From time to time either party may designate another address for
this Contract by giving the other party not less than five (5) days` advance
written notice of such change.
Section 9. Entire Agreement. This Contract (including any exhibits hereto)
contains the entire agreement between Seller and Purchaser, and no oral
Horton Tree Service
663699_S.DOC 10
statements or prior written matter is of any force or effect. No variation,
modification, or change to this Contract binds either party unless set forth in a
document executed by such parties or their duly authorized agent, officer, or
representative.
Section 10. Reoresentations and Covenants of Seller.
(a) Seller makes the following representations and warranties as of the
Effective Date of this Contract and as of the Closing Date:
(1) Seller is a corporation, duly organized, validly existing, and
in good standing under Texas law,
(2) Seller has ali requisite power and authority to own the
Property, enter into this Contract, and consummate the transaction
contemplated in this Contract. Seller has duly authorized the execution
and delivery of this Contract such that all documents to be executed by
Seller are its valid, legally binding obligations and are enforceable against
it in accordance with their terms.
(3) The persons executing this Contract and any and all
documents on behalf of Seller have the legal power, right, and actual
authority to bind Seller.
(4) There is no existing or pending litigation or claims with
respect to the Property, and, to the best of Seller's knowledge, there are
no such actions, suits, proceedings, or claims threatened or asserted.
(5) Seller has not entered Into any agreemenfi afFecting the
Property other than agreements that will be terrninated before the
Closing Date.
(6) Seller has not received any notice of any violation of any
ordinance, regulation, law, or statute of any governmentai agency
pertaining to the Property.
(7)(i) To the best of Seller's actuai knowiedge, without any
independent investigation, no materiai amount of Hazardous Substances
is present in, on, or under the Property, or has been disposed of,
released, or identified in, on, under, or in the vicinity of the Property.
Neither the Property nor any occupant using it is in violation of any
Environmental Laws relating to the Property. There are no underground
storage tanks, above-ground storage tanks, or other containers of
Hazardous Substances located on the Property. The Property has not
been used as a landfill.
Horton Tree Service
663699_5. DOC 1 1
(ii) (A) "Environmentai Laws" means all applicable laws
(including regulations, by-laws, codes, Internat(onal treatfes, and
agreements) with respect to the Property, now or hereafter in
existence, relating to the environment, health and safety matters,
Hazardous Substances, poliution, or protection of the environment.
(B) "Hazardous Substances" mean any substance which is -
or is deemed under Environmental Laws to be, alone or in any
combination - hazardous, hazardous waste, toxic, radioactive, a
pollutant, a deleterious substance, a contaminant, a dangerous
good, or a source of pollution or contamination, or which, when
released into the environment, is likely to cause, at some
immediate or future time, material harm or degradation to the
environment or material risk to human health, whether or not such
substance is defined as "hazardous" under Environmental Laws.
Without limiting the foregoing, asbestos-containing materials are
deemed to be "Hazardous Substances."
(b) Seller covenants and agrees with Purchaser that, at all times before
Closing:
(1) Seller shall maintain in force liability insurance with respect to
damage or injury to person or property occurring on the Property.
(2) Seller will keep in full force and effect any licenses and
permits affecting all or part of the Property. The Property will be
maintained and operated in compliance with all applicable laws,
regulations, insurance requlrements, contracts, permits, licenses,
ordinances, restrictions, and easements.
(3) Seller shall maintain the Property in as good a condition and
repair as exists on the EfFective Date, except for normal wear and tear.
Seller shall advise Purchaser of any significant repair or improvement it
makes to keep the Property in such condition.
(4) Seller may not materially alter the Property without
Purchaser's prior written consent.
(5) Seller may not create - or voluntarily permit to be created -
any liens, easements, or other conditions affecting all or part of the
Property without Purchaser's prior written consent.
(c) Seller's representations, warranties and covenants in this Contract
are subject to the following terms and conditions:
Horton Tree Servlce
663699_S.DOC
12
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(1) Seller's representations, warranties, and covenants are
continuing, made both as of the Effectfve Date and as of the Closing Date,
except to the extent that Seller otherwise notifies Purchaser in writing
before Closing. If Seller so notifies Purchaser in writing before Closing -
or if Purchaser independentiy discovers - that any representation,
warranty, or covenant is no longer true, Purchaser may either (i)
terminate this Contract by written notice to Seiler, and neither party will
have any further rights or obiigations under it, and the Title Company will
deliver the Earnest Money to Purchaser, or (ii) waive the representation,
warranty, or covenant and close the purchase of the Property.
(2) Seller's representations, warranties, and covenants will
survive the Closing.
(d) _ Except for the representatlons and covenants expressly made by
Seiler in this Section 10, or as otherwise expressly set forth in this Contract or
in the Deed to be delivered at Closing, Purchaser acknowiedges that Seller has
not made and does not make any warranties or representations as to the
physica( condition of the Property, or any other matter affecting or related to
the Property (other than warranties of title as provided and limited herein).
Except for the representations and covenants expressly made by Selier in this
Section 10, or as otherwise expressly set forth in this Contract or in the Deed to
be delivered at Closing, Purchaser expressly agrees that to the maximum
extent permitted by law, the Property is conveyed "AS IS", "WHERE IS", and
"WITH ALL FAULTS", and Seller expressly disclaims, and Purchaser
acknowledges and accepts that Selier has d(sciaimed, any and all
representations, warranties or guaranties of any kind, oral or written, express
or impiied (except as to title as herein provided and limited) concerning the
Property, including, without Itmltation, (i) the value, condition, merchantability,
habitability, marketabitity, profitabifity, suitability or fitness for a particular use
or purpose of the Property, including without limitation, the water, soil and
geology; (ii) the manner or quality of the construction, or the materlals, if any,
incorporated into the construction, of any improvements to the Property; (iii)
the manner of repair, quality of repair, state of repair or lack of repair of any
such improvements; and (iv) compliance with any environmental protection,
pollutfon or land use laws, rules, regulatlons, order or requlrements, including,
without limitation, those pertaining to sofid waste, or the disposal or existence,
in or on the Property, of any hazardous substances. Purchaser shail rely solely
on its own investigation of the Property and not on any information provided or
to be provided by the Seller or any other party, its agents or contractors.
Purchaser and Seller shall not be liable or bound in any manner by any verbal
or written statements, representatlons or information pertaining to the Property
or the operation thereof, furnished by any party purporting to act on behalf of
the other party.
Horton Tree Service
6b3699_5. DOC 13
Purchaser represents that it shall make (i) all Inspect(ons of the Property
to determine its value and condition deemed necessary or appropriate by
Purchaser, including, without limitation, inspections for the presence of
asbestos, pesticide residues, hazardous waste, and other hazardous materials;
and (ii) investigatlons to determine whether any portion of the Property lies
within any flood hazard area as determined by the Federal Emergency
Management Agency, the U.S. Army Corps of Engineers or other applicabie
authority.
Section 11. Assians. This Contract inures to the benefit of and binds
Seller and Purchaser and their respective heirs, legal representatives,
successors, and assigns, Purchaser may assign Its rlghts under this Contract at
any time at or before Closing to the City or any other person or entity.
Section 12.
by the last _to
Contract.
Section 13.
Contract.
Effective Date. The date on which this Contract is executed
sign of the Seller and Purchaser is the "Effective pate" of this
Time of the Essence. Time is of the essence of this
Section 14. Destruction or Damage Before Closin4. Before Closing,
risk of loss wlth regard to the Property is borne by Seller. If, before the
Closing, the Property or any substantial portion of it is destroyed or damaged,
or becomes subject to a taking by eminent domain, Purchaser may either (a)
terminate this Contract and receive back the Earnest Money, and neither party
will have any further rights or obligations under this Contract; or (b) proceed
with the Closing of the Property, and Seller will assign to Purchaser all
insurance or condemnation proceeds available as a result of such damage,
destruct(on, or taking.
Section 15. Terminoloav. The captlons bes(de the sec�ion numbers of
this Contract are for reference only and do not modify this Contract. Wherever
required by the context, any gender Includes any other gender, the singular
includes the plural, and the plural includes the singular.
Section 16. Governing Lavtic. This Contract is governed by and construed
in accordance with the laws of the State of Texas.
Section 17. Performance of Contract. The obligations under this
Contract are pertormable in Tarrant County, Texas, and all payments under this
Contract are to be made in Tarrant County, Texas.
Horton Tree Service
663699_S.DOC
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Section 18.
Tarrant County,
County, Texas.
Venue. Venue of any actfon brought under this Contract is in
Texas, if venue of such action is legally proper in Tarrant
Section 19. Construction. Each party and its counsel have reviewed this
Contract, Consequently, the normal rule of construction that any ambiguities
are to be resolved against the drafting party must not be employed in the
interpretation of this Contract.
Section 20. Forelan Person Stat�. If Seller is not a"foreign person,"
as defined in Internal Revenue Code � 1445 (��Federal Tax Law"), then at the
Closing Seller shall deliver to Purchaser a certificate so stating, in a form
complying with the Federal Tax Law.
Section 21. 5everabilitv. If any provision in this Contract is found to be
invalid, illegal, or unenforceable, its invalidity, illegality, or unenforceability will
not affect any other provision, and this Contract must be construed as if the
invalid, illegal, or unenforceable provision had never been contained in it.
This Contract is executed by Seller and Purchaser as of the E�fective Date.
Horton Tree Service
663699_S.DOC
"Seller"
NORTHEAST SERVICE, INC. d/b/a HORTON
TREE SERVICE, a Texas corporation
gy; '�_��7�'..
Homer Horton, Presldent
Date Executed: 1 , 2005
"Pur haser"
.� �y�zZ�-- l
M CHAEL BALL, TRU TEE
Date Executed: � Z/ , 2005
15
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EXHIBIT '�A-1"
Legal Description of Property
(Surface Estate Only)
Horton Troe Service
663699 S.DOC 16 �� �� r�r�„�,�.�
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EXH I 8 I T"A-1"
SHOWING
A TRACT OF LAND
SITUATED IN THE
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ppE Np, so�s
AODR£55 CENTURY DR, FOREST nl.L
TRACT 4JA2A, 56A1A
BLOCK 43, S6 �
SttLBY COUHT7 SCMOOL 1�W0 S�RVEY
ABSTRACT w0. t375
SHElBY COUNTY SCHOOL LAND SURVEY
A85TRACT N0.1375
TARRANT COUNTY, TEXAS
ORAIM B�: �1NA - � � SNT. NO-
EtK3�f�ERO ' 6URVEVORB - PIAtlERC
OAiE: 11-0D-200� � ANA CONCUITANT6, L.L.C.
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CANfULtANTi.I.L C FOpT WOATI{ TX.7e107
1l111706-iQ00
APPROVED BY: MCU � FAXIS171396-�Y66
SOUTHEAST LANDFILL
PARCEL P2
DOE 4015
CENTURY ARIV¢, FOR�ST HILL
TRACT 43A2A, 56A1A
BLOCK 43 L 56
SNELHY COONTY SCNOOL LANO SURVEY
ABSTRACI' NUNBER 13'I5
ssxzszr ��A-1"
BEIHG A PORTION OF THAT CfiATAIN TRACT OF LAl7D SI'NATED IN BTACK3 �3 AND 56,
SHELHY COUNTY SCHOOL LAND SURVBY, ABSTAACC NUMBER 1375, TARRAN'P COIJN'CY. TEXAS
AS DESCRIBED BY DEED TO NORTHEAST 6ERVICES, INC. AND RECORDED SN VOLUME 8271,
PAaE 1063, DBED RECORDS, TARRANT COUNTY, TEXAS AND SEINC MORE PARTICULARLY
DE9CRIBED AS FOLLONS, 1'O NIT:
HE(3INNINO AT A 5/8 INCH IRON ROD WITH CAP STAMPED 'AN11' SET IN THE NORTH ZINE
OF SAID TRACT AL30 HEIH(3 IN TNE 90UTN LIHE OF OLEN PARK ADDITION TO THE CITY OF
FOREST HILL AS RECORDED IN VOLIIME 388-J, PAOE 313 OF THE PLAT RSCORD& OF
'fARRANT' COUNTY, TEXp3; .
THENCE NORTH 09 DE4REE9 37 MINUTES 59 3ECONOS EAST, 111.79 FEET HITH 6AID
COMMON LINE 'f0 A 5/8 INCH IRON ROD NITH CAP STAMPED •ANA" SET IN THB HESTERLY
RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD FORMERLY THE FORT WORTH AND NEW
ORLEANS RAILROAD AS RECORpED TN VOLUME �4, PAGE 628 AliD VOLUME 9�, PAOE 290 OF
SAID DEED RECORDS FOR THE BE(iINNING OF A NON-TAN(3ENT CURVE 't0 THE LSFT; �
TN6NCE 52.Z1 FEET WITN THE ARC OF SAID NON-TANQENT CURVE TO THE LEFT AND 6AID
RIOHT-OF-WAY LINE THROUGH A CENTRAL ANCLE OF 07 DEaREES O1 MINUTES OS 6ECONDS
WITH A RADIUS OF 1�82.35 FEET, A TANG&NT LENCTH OP ]6.11 FEE'T AHD A CHORD NHICH
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2RON ROD W7TH CAP ST}WP&D `ANA' SfT;
THENCE 60UTH 29 DEGREES 53 HSNUTBS ]A SfiCONDS FJ+S'T, 16].98 FE&T WITH SAID
RIC3HT-OF WAY-LINE TO A 5/8 INCH IRON AOD WITH CAP S?AMPED "ANA" 3ET FOR TKE
90UTHEA9T WRHER OF SAID NORTHEAST S&RVICE&, INC. TRACT AND THE NORTHEAST
CORNER OF A TRACT OF LAND DESCRIBED BY DEED TO NOiiTHEAST SERVICES, INC. AS
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TNENCfi SOUTH 89 DEGR6E3 10 MINUTES 07 SECONOS WEST, 11�.40 FSBT WITH A COMMON
LINE OF SAID NORTHEAST SERVICES, INC. TRACTS T'0 A 5/8 INCH IRON ROD NITH CAP
STAMPED "ANA" SET FROM XHICH A 5/8 INCH IRON ROD FOUNA FOR THE SOVTHWEST CORNER
OF SAID NORTHEAST SERV3CES, INC. TRACT RECORDED IN VOLUME 82'/l, PAOE 1063,
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THENCE NORTH 39 D6CREES 5] NINUT'ES 24 S£CONDS WEST, 108.42 PBET TO A 5/8 INCH
IRON ROD NITH CAP STAHDfiD "ANA" 3ET FOR THE BFAINNING OF A CURVE TO THE AIGHT;
THfiNCE 307.37 FfiET WIT1i THE ARC OF SA7D CURVE TO THE RI(3HT THROUGH A CEN'IRAL
ANGLE OF 0� DEGRE6S 53 HINUTES 16 SECONOS WZTH A RADIUS OF 1582.�5 PEET, A
TANO&N'f LENOTH OF 53.91 FEET WITH A CHORD WHICH BEARS NORTH 2'1�DEORBES 56
MINUTES 45 SECONDS WEST, 1�7.35 FEET TO THE POIN'f OF HEdINNINa CONTAINZNO 0.496
ACRES l71605 SOVARE P6ET1 DF LAND MORE OR LESS.
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f- .. .�.... . J
, .... �' . • ' . '
\
� �i.�.:i.,-�li�. ri. . .. • -�i1.-��
� /�, .` �• � � • �0����•� � � � •
' �N6 "�/ - •.•.• • • • • • • ' City ot Fwl Worlh • s e� S
��2_ iR Clly o1 Forl Worth �Qpp Throckmorton 5t. ���
1000 Throckmorton Sl. fort Worth 1Y 761Q2
Fw1 Worlh Tx 76102
Shelby Counly School Lond $urv.• Shdby County Schaol Land Surv.
Abst 1375 Trs 43 . Abet 1375 Trs 56
VOL.5790, PG./67 � �O1.5790, PC.167
D.R.T.C.T. D.R.T.C.T.
N
� av
�!4 6� i�����
� • '� �'a1
—�-- WILIIS CAREY DARfiY
� �04622 ���
, •I 'y�:t+!!o•'r
° sua��
� " _ � oo' //'%7-�
SHELBY
ONAMN BY: ANA
o�7E: i�-oa-2oo�
ocN. na.: o+ioe��a_ona
APPROVEO BY: YCD
�EXH I B I T "A'1"
sHowwc
A TRACT OF lANO
SITUATED IN THE
COUNTY SCHOOL IAND
A85TRACT NO.i375
TARRANT COUNTY, TEXA'
,'�
�
'� � �
i
q � •
�P�V�a, �•
i t.• �^ +f '�
. t^ ��`�j,+� �b ��
L� '� '
�•. �JS `a �♦
s �
`���'. ��a a`. .
SQUTHEAST IANDFIIL
PMCEL P�
DOE ND. aD15
AODRE55 CENiURY OR, FOfiEST MILL
TRntT 56�1
BIOCit 56
51i18Y COUl1TY SCHOOL LAlA SUHVEY
ABSTRACT !q. )J75
SURVEY
- ENGINEENS - Sl1RVEY0iiS - PLANPERS
�AKA OONSULTAt(T6. t.L.G
t701 PIVER NUN / 6UI7E aiD
COM�I1liANT{.LLC F�T W�Tk TX.70107
I�R N06-OBOO
FAX f 017 1736-0066
Ho.
90UTEIEAST LANpFILL
PARCEL P1
DOE 4015
CENTVRY DRIVE, FOREST HILL
TRACT 56A1
BLACK 56
SHELBY COUNTY SCHOOL LAND SIIRVEY
AHSTRACI' NUMHER 7375
szxsnZT "A-1»
BEING A�TRACT OF LAN� SITUATBD IN BLOCK 56, SHELBY COUNTY SCHOOL LAND SURVEY,
AHSTRACT NUMBER 1375, TARRIU7T COl1NTY, TEXA6 AS DSSCRIBSD BY DfiED TO NORTHEAST
SERVICES, INC. AND RECORDED IN VOLUM6 1189D, PACfi 2156, DB£D RECORDS, TAARANT
COl]NTY, TE%AS AND BEING XORE PARTICULARLY DESCRIBED AS FOLIAWS, TO NST:
COMMENCINO AT A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF A TRACT OF
LAND �£SCRIBED BY DEEO TO NORTHBAST SfiRVICES, 2NC AND RECORDED IN VOLUME 8371,
PAQ6 1063 OF SAID DEED RECORDS;
THENCE NORTH 89 DEOREES 10 MINUTES 07 SECONDS EAST, WI1'H THE SOUTH LINE OP SAID
NORTHEAST SERVICES TRRCT DESCRIBED BY DEED AND RECORDED IN VOLUME 8271, PAOE
106) OF BAID DESD RECOROS, 11T 3�7.52 FEET PASS THH HORTHWEST CORNEA OF 9AID
NORTNEAST SERVICES TRACT AS RECORDED IN VOLUME 11890, PAGE 2156, CONTINUINO IN
ALL 1193.60 FEET HITH THE COMMON LINE OF SAID NOR2HEAST SERVICES TRACTS TO A
5/9 INCH SRON ROD WITH CAP STAMPED "ANA" SET FOR ?HE POINT OF BEGINNING;
THENCE NOIiTH E9 DEGREES 10 MINUT'ES 07 SECONDS EAST, 114.40 FEfiT WITH SAIO
COMMON LINE TO A S/8 INCH IRON ROD NITH CAP STAMPfiD 'ANA' SET IN THE NESTSRLY
RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILWAY COMPANY, FORMERLY THE FORT NORTH
AND NEW ORLEANS RAILWAY COMPANY AS RECORDED IN VOLUME 14, PAGE 62E AND VOLUME
94, PAOE 290 OF SAID OEED RECOR�S;
THENCS SOUTH 29 DEGREES 53 MINUTES 24 SECONDS EAS2, �6�.83 FEET WITH SAID
RSGHT-OF-WAY LINE T'O A 5/8 INCH 7RON AOD WI'CH CAP STAMPED "ANA" SET FOR THS
SOUTHEAST CORNER OF SAID NORTHEAST SfiRVICES TRACT RECORDE� IN SATD VOLl1ME
11690, PAGE 7156;
THENCE SOUTH 89 DEl3REES 07 MINUTBS 59 SECONDS WEST, 11�.36 FEST WITH THE SOUTH
LINE OF SAZD NORTHEAST SERVICES TRACT RECORDED IN 6ASD VOLUME 11890, PAGE 1156
TO A S/B ZNCH IRON ROD HITH CAP STAMPED "ANA" 6ET FROM WHZCH A 5/8 INCH IRON
ROD FOUND FOR THE 90UTHNEST CORNER OF SAID NORTHEAST SERVICE TRACf RECORD6D IN
VOL(7ME 11890, PAOE 2156 BEARS SOUTH 89 DEaREES 07 MINUTES 59 SECOND6 WEST,
1321.73 FBET;
THENCE NORTH 29 DEOREE9 SJ MINUTES 2� SECONDS WEST, 36�.91 FE6T TO THE POINT OF
HEGINNZNG AND CONTAIN2N6 0.878 ACRES OR ]64B'7 BpUARE FEfiT MOAE OR LE6S.
G:\SURVEY\job\041081\Survey\parcela\O�lO81P1AFNS.doc 11/16/09
EXHIBIT "A-2"
Legal Description of Construction Easement
Horton Tree Service g._.��-
663699_S.DOC 17 � ,�Il
NJ J J J tl ' .1 ': � �1/ � �,''�.J �: �1
�:J � �,Lr „l �C ��� �1 2 1�Il��! �J:,`�I
2 1;'r j �1', C' I ilG � i�(
�1�� �:���v::�'tl� �� L�>>
QFN PAfM A00. a /
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. . i �� \ ' ��o �` J ;. • ',�, : �.r i. �,(fll;i)iI�I i ��i e�iU",I�,��llil'%i;�
i p � : '.
� ' �►OMi Or ' 6 � . . ��� �I . \K�
a•,�:muu�c�T!x�wnx�c � 55.27'�59"E • •� =4��11�I
i�e 'va.�nz w�» ' - -... � ,. ' Ir/ � e;
89 3 •j� ^, (' .
� � '�1' ' �'� 107�5�'' � 5[T .� ' � ".:.r' • �.. ::. ' .: i .
�� Ng9•]7'29"E 5��'+11 � `� � • � �:�I :!1�11°I�( I:i1Gi:
f Norlh�ast Serviee Inc. -"N"- � . '.� �� .. � ..
Horlon Tree SerNce ��� C�� r� �� MM/CUY �• �� �
PO 8or 15246 O e • i�
fwt Worlh Ty 76119 j� �T � '7� } ;
� $helCy Caunty Schod LOnd Surv. � T SiE"rt����?� b '`;
ipGS� iilll �.n' µ� 4
/ CCf1�U(r �f, f `� yM � f �
i Abll. 1}75 Trs �JA2A 43H1C At �f. � �..1 �.��� .�' ��f. •
� S6AtA ��p sET •0� 0� - iJt; �i � •
' VOL.8271, PC.1063 ��J, Sµ� SJ"P,, *: ��%��� Z.T'r* •�
' D.R.T.C.T. .�v� . � �'= � �• � : •
W 1[SCO [►SO[M �: a �
: r �.,�..�� � �.. . � . . u, ,
� ��rcv . /F ' ' ` '.�sie-n •wu- �
��/�,.� r✓`' . • • ' sET '� •
��j� I! SwI1Mn IIv[� [fR �
j �N36A0 8 � �0��%��W�µ�41 . \ �
I�E"N � � vR1�271 ►41M] SE9'f097'M %.20� \ • py �
� ��I.(2 T. � :.�' �� � •
•
' Nalheasl Service Inc, � -� •
' Dbo Horlon Tree Service . \ . � • i : '•
qR
' PO Bo� 15246 � �� ;*�`l�i• �
' Fat Wath 7■ 7fi119 ' • _t �+j, '•
. \ p �• i
� ShdDy Counly $d+oa� Lond Su�v. ' '�'� � •
Cenlury Dr. Foresl HHI � � ' � �: �
- Absl 1375 Tre �3A2 56M h�3H � �o �� �, 1��
VOL.11890. PG.2156 9 ` `• �
O.R.7.C.T. \ b � ``.� � •
�, �t� •
\ � �,`� �
�,, jt' .
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;;�:al::i::�::; -: .. � .... � i�';t,T� ,n �.
' ' , � � %b+'' `��\� ' Y��;
� ... ..: , �;z,.y ^,�r
.., ,'i: . . . � /`\;� • `'�
.` � .u�.
.zi�.i:y'r:;!`: .. ' .�"." ' '.'�'�-�.�'.��..-.....�.:i:•eie••-�He-
- - � ' ' ' ' "' ' � � � ' City ol Fwt Worlh S/s'
•City o( Forl Worlh 1000 Tnroc4morlan Sl. µ'r '�
1000 Thrxkmarton Sl. F�� �yp�h T■ 76102 '
Forl Worlh 7: 76102 �
��
Shelby Counlr SchoN Land Surv. Shelby Counly School Land Surv.
Ahst 1375 Trs 43 Absl 1375 T�t 56
VOL5790. PG.167 V0�.5790. PGJ67
D.R.T.C.T.
D. R. T. C. L
C1 CURVE DATA
�• 03• 53'16"
R• 1582.35'
T• 53.71'
L• 1C�.37'
CB• 527' S6'45"E
CH• iD7.35'
C2 CURVE DATA
�- 04' 43'38"
R- 1632.35'
T- 67.38'
L- 134.67'
CB• N27' 31'�5"w
CH• 134.64'
ON�1lN AY: AN�
D►TE: 11-OB'YOW
DGM. HO.� O�t07TCE2��UMG
�PPHOVE� BY: IICD
���� / �
`� /
pOE N0. 1015
�DDHE55 CEHTURY OR, FOREST MLL
TRAGi �]AZ�.S6AIA
BLOCK �J, 56
EXH I B I T"A-2� � TR�T t�iDT �3�S�a �� SURVEY
SHOWING A
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE
SHELBY COLJNTY SCHOOL LAND SURVEY
ABSTRACT N0.1375
TPRRANT COUNTY, TEXAS
T. N0. 1
- ENCiINEERb - 9UHVEYOf1G - PLAMNEPB
�AN.A CON6lLTANTS. L.L.G
1701 111VER PUN / 6UITE !1D
CONtUL71W/LLL.G FOfiT WOHiH. T%.7Eto7
I �17 1776-oY00
F�x i e» ioaa-aoss
(vn �• '
i ��I �� �_ � ����� i����.�' I
��'�'Je� �''.� ,,., �
,. ._ ���L� ����'�J�L��i1:f!'. i
�A �c�1;�1i �i}� IU 2:��(
U, La\l�:U�, �G�:o �
60UTHEAST LANDFILL
PARCSL TCE 7
DOE 9015
CENTURY DRIVfi, FORBST HILL
TRACT 4]A2A, 56A1A �
HLOCK 4� & 56
BHfiLBY COUNTY 6CHOOL LAND &URVEY
AHSTRACT NUtdBSR 1375
sxaie:r ~A-2••
BBING EASEMENT 9ITUATED IN HLOCKG �3 AND 56, SHELBY COUNTY 5CHOOL LAND SURVEY,
RBSTRACT NUMHBA 1375, TARRANT COUNTY, TEXAS AS DESCAIBED BY OEED 'CO NORTHEAST
SBRVICES, ZNC. AND RSCORDED IN VOLUME 8271, PAGE 1063, DEED kECORDS, TARRANT
COUNTY. TEXAS AND SEING MORE PARTICULARLY DESCRIHED AS FOLLOWS, TO MIT:
BEGINNIN6 AT A POINT IN THE NORTH LINE OF SAID TRACT ALSO BEING IN THE SOtTSH
LINE OF GLEN P11RK ADDITION TO THE CITY OF FOREST HILL AS RECORDED IN VOLUME
388-J, PAGE 317 OF THE�PLAT RECORDS OF TARRANT COUNTY. TE%A-'%
THENCE NORTH 89 DEGREES 3� M2NUTES 59 SECONDS EAST, 55.26 FEET TO A 5/e INCH
IRON ROD WITH CAP STAMPED 'Al7A' SET FOR 'fHE BEGINN2NG OF A NON-TANGENT CURVE TO
THE LEFT;
THfiNCE 107.37 FfiET WZTH THE ARC OF SAID NON-TANGENT Cl7RVE TO 7HE LEET THROUG}i A
CENTRAL AN(iLE OF 03 DECAEES 53 MINUTES 16 SECONDS NITH A RADIUS OF 1582.35
FEEf, A TANGENT L6NGTH OF 53.71 FEET AND A CHORD NHICN HEARS 30llTFi 27 DEGREE$
56 MINITfSS �5 SECOND6 BAST, 107.35 PEET;
'f}iLNCE SOUTR 29 DEGREE6 53 MINUTES 74 SECONDS EAST, 108.�2 REET 1'O A POINT jN
THE 80UTH LZNE OF SASD NORTHEAST SSRVICES, INC. TRACT AND R NORTH LINE OP 71
TRACT OF LAND DESCRISED BY D6ED TO NORTNEAST SERVICES, INC. AND RECORDED iN
VOLUME 11890, PALiE 2156 OF SAID �EED RECORDS;
THE2ICE SOUTH 89 DE(3REE5 10 MINtTi'6S 07 SECONDS NES'C, 5�.Z0 FEET NITki THE COMNON
LINE OF SAID NORTHEAST SERVICES TAACTS TO A POINT FRDM WHICH A 5/8 INCH IRON
ROD POUND FOR THE SOUTHSiEST CORNER OF 6AID NORTHEAST SERVICES TRACI RECORDE� IN
VOLUM6 8271, PAGfi 1063, BBARS SOU7'H 89 DFRREES 10 MINUTES 07 SECONOS NEST,
1436.40 FE2T;
THENCE NORTH 29 ➢fiCREES 53 MINUTES 24 SECONDS NEST, 80.63 FEET T'O THS BEGINNING
OF A CURVE TO THE RI6HT;
THENCE 134.67 FE6T MITH THE AAC OF SAID CURVE TO THE RIOHT THROUGH A�CENTRAL
ANOLE OF 04 D66RSES �3 MIN[TPES �9 SECONOS NITH A RADIUS OF 1632.35 FEST, A
TAN6ENT LENGTH OF 67.38 FEEP AND A CNORO WHICH BEARS HORTH 27 DEGREfiS 31
M2NVTES 35 SECOHDS WEST, 134.6� FEET TO THE POIN? OF BELiINNING AND CONTAINING
O.i47 ACRES (10778 SQUARE FF.ET) OF LAND MORE OR LESS. �
G:\SURVEY\job\O�lOBi\Survey\parcels\LEGALS\041081TCE2AFHS.DOC
GLEN P11RN AW. 1, ♦ �
. xe-aw.�o � 'ki `Q� ! '
, ; �-T.c,. � y O-� �`�'`� �.�,�� . I
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' 11 „�.,_ \� � l� o �� ` `1��MC� ��JG3�L���
_„�.,.,_„_„_,,..._.. ._,...,_ , . ...,�,,.1=• , `•:� � C3 �5 4� 9 �>; �
Northeost Service tnc • n�-rcT. � �\ ? �� �� rn{ �'�
Horton Tree Scvice ��I �-- � \\� 4 �
PO Box 15246 \ j�,, � ' '��'y;� `� /
Fort Worih TY 76119 � -� i p'�Ty. �\- 4�Q�, t'a ��
\ � � � '- et � � q, =��
Shelby Caunty School Land Surv.� i .✓ ��•� t!. �
Century Dr, Forest Hil \ \ ! �'� � . �, ri����' �.
i Absi. 1375 Tn 43A2A 43H1C k \ �i �ie, � ,, � •
; 56A1A '' \ . =' � ���
` VOL.B2�1, PCJ063 � !� `� �, \ \ '� �,
� D.R.T.C.T. ie• srar.n ava canart � B 1 %'� E�da" \\ i
,�,�,,,,,��."°+ K �i.�Z��
i =�_- — �n ----`c—z—====_��" yie-n-uu..
�„`�. , ,.,,. _ ., : �:% � . ,.,, „�f.,..,....., .»„1 .'
�� _.,�.,. ,. ..,�ronrt � et+ ^w+�• �. \ �
� � � ,csm �aucwt �cc��rs, � � � °.
va.�ns. rcass � sauo
i
4 Northeast Service Inc, � � ��r�
' Dbo Horion Tr�• S�nric• � P7 �\
�
� PO Boz 15246 � �� ��
= Fort Worlh Tx 76119 e� �\!
i � �' � Sa \ �
i Shelby County S�hool Lond Surv. � S�; �� Yv \\�,
� Century Dr, Fwest Hill � ?_ �3`� t„`'�� .
' _ Abat 1375 Trs 43A2 56A1 h 43H �; . �,. ^�����\
: VOL.11890, PC.2156
� D.R.T.C.T. i � (^ �s' ��
: �. �
� e{� r ���.,��f
: � �i7% �i►��� J "�Q`
�-��,(:z CK f.� f� 1'r^ �'J � ft`� s�'' 4''' � CL' C'� OO � d; J',� � 4;��
' L�, G,^`, nM DD � NJ G3 V C� 1`7 ' J �`0•. �•�
�
� l�3��. 9�7/� ; y
� � d Cc� C CS 4 �3 „ ,.i„ ,,. ,....,.., .,,_ ..,..,,.,.... ":
WK CAEST A00.
vo►. 3ee-c, v.ei
PF.T.C7.
•��•k'�•�•"•��•,•�._.,_�City oi Fort worth�.._-•"•,•"• � S B9°07'S9" W
vz•• R ' S7.18'
1000 TTirockmorton St. i
Forl Wor[h Tx 76102 �
� City oi Fort Worih
Shdby Cwnty School land Surv.i �ppp 7hrockmaton St.
Abst 1375 Trs 43 ' Fort Woitn Tz 76102
VOL.5790, PG.167 !
D.R.T.C.L � ShelGy County School Lond Surv.
' Abst 1375 Tr� 56
� VOL.5790, PG.167
, D.R.7.C.T.
N �
� �� = � �� �
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�ILUS CAREY DMBY•1�}
..y ........... ....w... �. .
•.4 4E22 �;: � i,
� ��'•p0,. �o�� 4 / SOUTHEAST LANDfLL
9 ''•.; �; .• '.y� TCE7
�� SUR� j DDE N0. ♦0�5
^ _ AOORESS CENTURY DR. FOREST HlL
�i// TRACT 47A2,56A1
/J B�OCK 4J.56
SURVEY fSF£LBY COUNTY SCHOOL lkJO
ORAM'N BY: AN�
OATE: 11-0B-2001
OGN. NO.: 0�10B1TCEIA.�IIG
APPROVE� BY: MCD
EXH I B I T'�A-2" ABSTRACT N0. 1375
SHOWING A
T MPORARY CONSTRUCTION EASEMENT
51TUATED IN THE
SHELBY COUNTY SCHOOL IAND SURVEY
ABSTRACT N0.1375
TARRANT COUNTY, TEXAS
- ENOIfEE7i8 - 6URVEVOR6 - PLMfEN6
� AfLA CddCU.TANTf. L.L.C.
��o� n�vee nun i euir� e+o
Can�u�7�nis.�.l.c. FOtiT WOHTH. TX.7Q70T
�l17 17s6-oD00
FA%1E/7172E-?06S
M0.1
�:iiJ•��`... �l ��j,�,
. ... ��. = c ..✓
`vJV��C� `,y�,;.:.��r,��,�,
��5'�_� �I � - , E. ,
��n '',�' �lf ��',�
r U � ��:'��"": �i' i � � �
�::��:l��l�, �� <,;,
SOUTHEA6T LANDFILL
PARCEL TCE 1
DO& 4015
CENT'URY DRIVE, POREST BILL
TRACT 56A1
BLOCK 56
SHELDY COUNIY SCHOOL LAND SURVHY
ABSTRACT NUMBSR 1375
s�xnxr "A-2^
BEINO ]�N EA3Fl4&NT 3ST'UAT6D IN 9LOCK 56, 9HSLBY COUNTY 3Cti00L LAN� SVRVEY,
AB&TRACT NUh�6R 1375, TARRANT COUNTY, TID(AS AB DESCRIBSD SY DEED TO NORTHEAST
SBRVICSS, INC. AND RSCORDED IN VOLUMB 11890, PA6E 2156, DEBD RBCOADS, TARRANT
COUN17, TEXAS AND BEIN6 MORE PARTICULARLY DESGRIH� A& FOLLOWS, TO NIT:
COf�40.ENCIN6 AT A 5/9 INCH IRON RO FOUND IN FOR THfi &OT7TE{HSST CORNSR OF A TRACt
OF LADTO DESCRISSD BY DBED TO NORTHEABT SSRVICES, INC AND RECORD6D IN VOLUME
8271, PAGE 1063 OF SAID DSSD RECORDS;
TH�ICE NORTH B9 DS<iREE6 10 MINS1T88 07 SfiCONDS EA9T, WITfi THY SOUZ'H LI27E OF SAID
NORTHEAST 68RVICE6 TAACT DEBCRIBED BY DBS➢ A2iD RECORDSD IN VOLUl� 8771, PAO&
1063 OF SAID DBSD RECORDB, AT 3�7.52 FEET PA6S TKE NOR1'HW&6T CORN&R OF SAID
NORTF18A9T 9EAVICE9 TR?.CT AB RBC�ILDED ZN VOLUMS 11890, PAOE 2156, CONTINVING IH
ALL 1436.10 PBST WITH THF3 COt12�10H LINB OP BAID NORTHEA6T 6BRVICS6 TRACP6 'I� TH8
POINT OF BEl]INNIHQ; �
THfiNCE NORTH 89 DSORS&3 10 MINUTE3 07 BBCONDS SAST, 57.20 FEBT WITH SAID COMNOH
LINE T'0 A 5/6 StJCH IRON ROD NITH CAP 9TAHPED "ANA" S81';
TfiENCE 90[lfH 29 DEQRfiE9 53 MINU'fS6 24 98COHD8 BAST, 361.91 F�1' 1'0 A 5/B INCH
IRON ROD f92TH CAP STAHPF.O 'ANA" 3ET IN TNB SOVTH LINE OF 9AID NORTFiE1�6T
SBRVICES TR14CT RSCORDSD IN VOLUME 11890, PA6E 2156;
THENCE SOCTTH 69 DE4R66S 07 NINUTES 59 SBCONDS NEST, 57.18 PEET WITH SAID 30UTH
LINE TO A POINT;
THfiNC& NORTH 29 DE4RS&S 53 XINDTE6 24 SECONDS WSST, 364.95 FSET NITH SAI❑
COMMON LINB TO THE POII1T OP H8t3INNINO AND CONTAININ6 0.419 ACRBS (182�7 SOUARE
PBET) MORE OR L�SS.
G:\SURVEY\job\041D81\5urvey\pareele\LBGALS\041o81TCS1AFNS.doc
✓��J���`.'�G;1 L 1;,ri�,�� ;'j�%
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EXHIBIT "A-3"
Legal Description of Slope Easement
Horton Tree Service ,�. ._,, l o,�=�:y- ,; �;,
663499_S.DOC i8 ��i'�����; �li°i'l IJ,(,�'�;,F✓J�:U
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Tip Top Riding Club,
5464 wayside Ave
Fort Worth Tx 76134
Glen Park ol Foroal Hill Addn
5177. Gienn Cf, Forest Hill
Bik Lot 5 THRU 14
VOL.3940, PG.13
11
QEN PARK AOU.
yOL.}6�-J. P.�17
P.RT.C.T.
SE3A
110.17'
89•37'S9"
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Horlm Tree Servlca
PO Boz 152�6 C�a 5E 2
Fort Worth Tx 761t9 AC•0,4'
(Zi$28`.
Sheiby County School Lond Surv. -
CenWry Dr, Forest HIII
Abei. 1175 7n 43A2A 43kiC d�
56AtA
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— GRiLi_ � � � �
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Ceniury Dr, Forast Hiil
o.n,�r :
Northeort SerJice �nc,
Dba Horion Tree Service
PO Box 15246
Fort Worth Tx 76118
Shelby Caunty Schod Land Surv
Abst 1375 Trs 43A2 S6A1 dc 43H
VOL:11890
PACE:2156
Ct CURVE OATA
Q• 03• 53'16"
R• 1582.35'
L- 107.37'
T- 53.71
CB- 527' S6'45"E
CH- 107.35'
C2 CURVE DATA
o• D5' 30'03"
R- 1682.35'
L• 161.52'
T • 80.82'
CB• NZ7' 07'44"W
CH• 161.45'
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City of Fort Worih
1000 Th�oekmorton St.
�or1 Worth Tx 76102
5helby County School Land Surv.
Abst 7375 Trs 43
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�C��(�/� /�J SOUTF£/ST L,wDF4.L
7 ��Y / SIOPE EISE�tENT SE2
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n /�DpRE55 CENTURY OR, FORESi Mill
� //i/,/i . TRACT 56AtAL43A2A
, � � EXH I B I T ^A-3~ SHELBY GOUNTY SCHOOL IAND SUiVEY
AdSTRACT NO. 1375
�RAMN 8Y:
�_..:
OATE� "'
DGN. NO.: O�tOfi15E2-0PTA.UIIG
APPROVED BY: WC�
SHOWING A
SLOPE EASEI�AENT
51TUATEO IN THE
SHELBY COUNTY SCHOOL �AND SURVEY
ABSTRACT N0.1375
TARRANT COUNTY, TEXAS
- E►K;IIEER6 - 6UR4EYOR6 - PLANNEflB
� IllLA CONBULTANTB. L.L.C.
1701 RIYEfi PUN / YUITE EtD
coNcuL� ppp7 yyOHTFt 7x.7eto7
( t17 1336-0000
PAX(87713a6-C86fi
$NT. N0.1
SOUT'HEAST LANDFZLL
ppRCEL 9E 2
DOE 4015
CENTURY DRIVE, FOAS9T HILL
TRACT 93A2A, 56A1A
BLOCK 93 4 56
SHELHY COl7NTY SCF{OOL LAND 3URVEY
ABSTRACT NUAIBER 1375
saxasr '�A-3"
BEING A PORTION OF THAT CERTAIN TRACi' OP I+AND SITUATED ZN BIACKS 43 AND 56,
SHELBY COUNfY SCHOOL LAND SURVEY, ABSTAF+CP NU�� 1375, TARRANT CODNTY, TEXAS
AS DESCRIBED HY DBED TO NORTf�A9T SERVICES. ZNC. AND RSCORDBD IN VOLDME 8271,
PAGfi i063, DEED RECORDS, TARRANT COl7NTY� TEX� � gEING MORE PARTI('ULARLY
DESCRIBED AS FOLIANS, TO i7IT:
BSGINNING AT A 5/8 INCFi IRON ROD WITF3 CAP JT%1MPBD •ADTA" SfiT IN THE NORTH LINE
OP SAID TRACT Ai+50 HEIN6 IN THE SOVCtI LINE OF 4LSN PNtK ADDITION TO 'I4� CI'1'Y OF
POREST HILL AS RECORDED IN VOLUME 3BB-J. PAGE 313 OF THE PLAT RECOADS OF
TARRANT COUI.'TY, TEXAS:
T({ENCE NORTEI B9 DHGREES 37 MINLTPSS 59 SECONDS HAST, 110.17 PEET HITH 6ASD
COMMON LINS T� A 5/8 INCH IRON RO� 4iITH CAP STAMPED �A�A� 8ET FOR Tt� BfiGINNING
OF A NON-TANGEHT C[1RV8 T� T}i� LEFT• FROH �� A 5/8 INCH IRON ROD WITH CAP
9TAMPED "At7A" 6ET IN T}[E WE3T2RLY RI6H7'-OF-WAY LINE OF THS UNION PACIPIC
RAILROAD PORTIS$LY THB FORT NORTH AND NSN ORLSANS RAZLROAD AS RECORDED IN VOLUMtE
94, PAC3E 620 AND VOLUME 94, PMiH 290 OF SASD D&fiD RECORDS BEARS NORTH B9
DEORfiES 37 MINUTLS 59 6SCONDS EAST, 111.79 PSET,
'i7�NCE 307.37 PEEP WITA THE 14RC OF SAID NON-TANGENT CURVE TO T� �1'T T�OUGH A
CEN1i2AL AHGLE OF 03 DSCiRL'ES 53 MINUTES 16 SECONOS WITH A RADIUS OF 1582.35
FEET, A TANGSNT LSNG7ii OF 53.71 FEST ANC1 A CHORD WHICA BEARS SOUTii 27 DEOREES
56 MINUTES 45 SECONDS fiAST, 107.35 FTsET T� A 5/8 INCH IRON ROD WITH CAP STAHPED
•ANp" gE1'�
TF�]CE SOLTPH 29 DSGREES 53 MINUTES 24 SECONDS EAST, 108,42 PEEP WITE1 T� A 5/e
INCH IRON ROD WITH CAP STAMPSD �ANA" SBT POR IN TfiS SOUTH LINS OP SAID
NORTAEAST SERVICES, INC. TRACT HND Tfti NORTH LINE OP A TRAC1' �8 LAND DESCRIBED
BY DHED TO NORTHEAST SERVICBS, INC. A9 RECORDED IN VOLVME 11890, PAGE 2156 OF
SAID DEfiD RECORIIS;
THHNCE SOUTA 89 DEGREES 10 MINOTES 0'! 9SCONDB WEST, 114.40 P6ST 41IT}i A C:OMMON
LINE OF SAID NOATHEAST SERVICES, INC. TRACP9i
THENCE NORTH 29 DEGR&ES 53 MINUTES 29 SSCONDS FiEST, 53.16 FEST TO TFIS SE�INNINa
OF A CURVE T� 'i'HE RIQHTj
THENCE 161.52 FEET WITH THE ARC OF SAID CIIRVE TO 'I'HS RI6HT THAOIIOH A CEti7'1iRL
ANGLE OF OS DEORBES 30 MINOTBS 03 SSCONLS WITH F RADIllS OP 1682.35 FEE'P. A
TAD7GENT LENOTfI OF 80.82 PSET 47ITFi A CH�� �I� BEARS NORTH 27 DEdREES 07
� MINU'L'ES 44 SECOND5 WSST, 161.45 FSET '�'O TEIE PO1NT Og B�Z�INQ CONTAZNING 0.494
ACRES (21528 SQUARE P&BT) OF LAND MORE OR LESS. �
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VOLB271, PGJ063 �s• y,p�„�, uva cwT. � s . •� `� �`�p� •
' D.R.T.C.T. � ecu+v.Tai 114.40' r.n 2,� •� •
� vu � ic�i � N 89'10'07"�E nc.an �„� �•� stl �^�4j,''r ^p �
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PO Bo■ 15246 �': � AC'O.B38 �t-� � ,�`" �a.^,'} r �•
Fort wa�h r, 76119 h, � 36495 SF ': ��%�� •
i c^ `. �� .{t; •
Shelby Cnunly School LonA Surv. •
Century Dr. Paest HA1 - , '.�'� _ •
Absl 1375 Tra �3A2 SfiA1 k 41H '�'� '• •
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' 114.36' ` •
Cily ol Forl Worlh � ppt� `
1004 Throckmorton Sl. i Cily ol Forl WOrth •
Fwl Worth T� 76102 � 1000 Throckmorlon St. •
� pyl warth T: 76102
Shdby Counly 5chool Lond Su�v � �elby Counly Sc�od Land $urv
Absl 1375 Trs �3 � Abst 1375 Trs 56
VOL.57D0, PG.167 i v01,57g0, PG.167
D.R.T.C.T. ' D.R.T.C.7.
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DGn. NO.� 0��0915EtA.0��
�PP110VED BY: r[O
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/i'/�'d�
EXHIBIT�A'3"
SHOWING
A SLOPE EASEMENT
SITUATED IN THE
SOUTMEIST L�ND�ILL
PMCEL SE�
DpE 110. � 015
AODRE55 CENiURY DR. �diEST H�LL
TRACT S6A1L4JA2
SMELBY COLNTY SCHOOL LM10 SURVEY
ABSTRACT NO. 1375
SHELBY COUNTY SCHOOL LAND SURVEY
ABSTRACT N0.1375 ,
TARRANT COUNTY, TEXAS
- EN(:INEEAS - 6URVEVOP6 - PLAI�NER6
� AN.A COt16uLTM1T6. L.L.0
1701 RIV£R RUN ! SUITE E10
COH{ULTAMTL.I.I G F�T W0�7TH. T% 7l107
I It7 1396-�700
�_ FAX1�171]�6-DGfiS
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SOUTHEAST LANDFILL
PARCEL SE 1
DOE i015
CENTURY DRIVE, FOREST HILL
TRACT 43A2 6 S6A1
�LOCKS 46 6 56 •
SHELHY CDUNTY SCHOOL LAND SURVEY
AHSTRACT NUMBER 1375
e�+iDST "A-3"
BEING A TRACC OF LAND &ITUATED IN BLOCKS 43 AND 56, SHELBY COUtTPY SCHOOL LAND
SURVEY, ABSTRACT NUMHER 1375, 'tARRANT COUNTY, TEXAS AS DESCRIBED BY DEED TO
NORTHEAST SSRVICES, INC. AND RECORDED IN VOLUME 11890, PAOE 215fi, DEED RECORD6,
TARRANT COUNTY, TEXAS AND HEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, SO WIT:
COMMENCING AT A 5/8 INCH IRON ROD FOIIND IN FOR THE SOU'fHNEST CORNER OP A TRACT
OF LAND DESCAIBED BY DEED TO NORTHEAST SERVICES, INC AND RECORDED IN VOLUME
8271, PAGE ]063 OF SAID D6ED RECOROS;
THSNC6 NORTH 89 DfiCREES 10 MINUTES 07 SECONDS EA5T, WITH THE SOUTH LINE OF SAID
NORTHEAST SERVICES TRAC1' DfiSCRIBEO BY DEED AN� RECORDED IN VOLUME 8271, PAG£
1063 OF SAID D6ED AECORDS, AT 7�7.52 FEET PASS THE NORTHWEST CORNER OF SAID
NOATNEA6T SERVICES TRACT AS RECORDED IN VOLUME 11890, PAGE 2156, CON?INUINQ IN
ALL 1379.30 PEST WITH THC COMMON LINE OF SAID NQATHEAST SBRVICES TRAC'f5 TO A
5/8 INCH IRON ROD WI1'H CAP STAMP6D "ANA' SET FOR THE POINT OF BEGINNING;
THENCE NORTH 89 DEGREES 10 HINUTES 0� SECONDS EAST, 114.�0 FEET WITH SAID
COMMON LINE TO A 5/B INCH IRON RO� NITH CAP STAHPED "ANA" SET;
T7{ENCE SOVCH 29 DEGREES 53 HINUTES 2� SECONDS EAST, 364.91 FEET TO A 5/9 INCH
IRON ROD HI21I CAP STAMPED "ANA' SET IN 'CHE SOITtF{ LIN6 OF SAID NORTHEAST
SERVICE5 TRACT RECOR�6D Iti VOLUME 11890, PAOE 2156;
THENCE SOUTH B9 DEGREES D7 MINU'fE5 59 SECONDS HEST, 11�.36 F86T WZTH SAID SOIJT'ti
LINE;
THENCE NORTH 29 D6GAEES 53 M7NU'tES 2� SECONDS HEST, ]6�.99 FfiET TO T8E POi17T OF
BEOINNING AND CONTAINING O.B3B ACRES (36�95 SQUARE FEET1 OP LAND MORE OR LESS.
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EXHIBIT "B"
Focm of Special Warranty Deed
NOTI E OF CONFIDENTIALITY RIGHTS
IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY �F
THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT
IS PILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS
COUNTY OFTARRANT
§
§
�
KNOW ALL PEOPLE BY THESE PRESENTS:
That NORTHEAST SERVICE, INC. d/b/a HORTON TREE SERVICE, a Texas
corporation_("Grantor"�, for and in consideration of the sum of Ten Dollars
($10.00) cash and other good and valuable consideration paid by MICHAEL
BALL, TRUSTEE ( Grantee ), whose mailing address is 510 Main Street, Suite
201, Fort Worth,,Texas 76102, the receipt of which is hereby acknowledged,
HAS GRANTED, BARGAINED, SOI.D and CONVEYED, and by these presents
DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all that certain land
.. „
situated in Tarrant County, Texas, and described on Exhibit A_ which is
attached hereto and incorporated herein by reference for all purposes, together
with any improvements and appurtenances thereon or in anywise appertaining
thereto, and together with all of Grantor's right, titie, and interest in and to any
easements or rights-of-way appurtenant to the land, and any interest of
Grantor in any excess land, vacancles, strips, or gores between the land and
abutting properties, and any interest or reversionary interest of Grantor in any
land lying in or under any public road or the bed of any creek, stream, or river
running through or abutting or adjacent to the land (collectively "Property").
Notwithstanding anything herein to the contrary, Grantor shall reserve all of the
oil, gas and vther minerals in and under and that may be produced from the
Property. The mineral interest reserved by Grantor shall include the right to
any lease bonuses, rentals, the right to execute oil, gas and other mineral
leases, and the right to develop; however, Grantor hereby waives the right of
access, ingress and egress to and from the surface of the Property relating to
the portion of the mineral estate reserved by Grantor. Nothing herein,
however, restricts or prohibits (i) the pooling or unitization of the portion of the
mineral estate owned by Grantor w(th land other than the Property; or (ii) the
exploration or production of the oil, gas and other minerals by means of wells
that are drilied or mines that open on land other than the Property, but enter �r
bottom under the Property, rovf ed that these operations in no manner
interfere with the surface or subsurface in any manner, including, without
limitation, support of any improvements constructed or to be constructed on the
Property.
Horton Tree Service
663699_S.DOC
19
This conveyance is made subject to the matters affecting titie to the
Property specified in Exhibit "B" attached hereto and made a part hereof
("Permitted Encumbrances").
TO HAVE AND HOLD the Property, together with all and singular the rights
and appurtenances thereunto belonging, unto Grantee, and Grantee's
successors and assigns forever, and Grantor binds Grantor, and Grantor's
successors and assigns to WARRANT and FOREVER DEFEND, all and singular the
Property unto Grantee and Grantee's successors and assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof,
by, through, or under Grantor, but not otherwise, and further subject to the
Permitted Encumbrances.
EXECUTED THIS
STATE OF TEXAS
COUNTY OF TARRANT
§
§ SS
§
day of , 2005.
GRANTOR:
NORTHEAST SERVICE, INC. d/b/a HORTON TREE
SERVICE, a Texas corporation
By:
Name:
Title:
This instrument was acknowledged before me on the day of
, 2005, by , the of
NORTHEAST SERVICE, INC. d/b/a HORTON TREE SERVICE, a Texas
corporation, on behalf of the corporation.
My Commission Expires;
Notary Public in and for the State of Texas
[SEAL]
Horton Tree Service
663699_S.DOC
Notary Printed Name
20 ������i�� ������i
���� ������'��
��. �`����', ����,
FIRST AMENDMENT TO EARNEST MONEY CONTRACT
This First Amendment to Earnest Money Contract ("Amendment") is entered into
effective as of April 4, 2005, between NORTHEAST SERVICE, INC. dlb/a HORTON TREE
SERVICE, a Texas corporation ("Seller"), and MICHAEL BALL, TRUSTEE ("Purchaser").
RECITALS:
A. Seller and Purchaser entered into that certain Earnest Money Contract dated
effective as of January 26, 2005 ("Agreement") for the purchase and sale of real praperty in
Tarrant County, Texas as fiuther described in E�ib�ts "A-1", "A-2" and "A,_3„ to the
Agreement. Capitalized terms not defined in this Amendment have the meanings given them in
the Agreement.
B. Seller and Purchaser desire to amend the Agreement as set forth below.
AGREEMENT:
In consideration of the mutual covenants and agreements contained in this Amendment
and in the Agreement, and for other good and valuable consideration, which the parties
acknowledge receiving, Seller and Purchaser agree as follows:
1. The Closing Date, as defined in Section 5(a) of the Agreement, is e�ended for
thirty (30) days through May 18, 2005, unless Purchaser eleets an ear�ier date by notifying Seller
in advance as is currently provided in Section 5(a).
2. This instrument ma.y be executed by facsimile in multiple counterparts, each of
which will, for all purposes, be deemed an original, but which together will constitute one and
the same instrument.
3. Except as expressly modified herein, the Agreement, as amended, is ratified and
remains in full force and effect.
FIRST AM._ HORTON 1
Executed to be effective as of the date first set forth above.
"SELLER"
NORTHEAST SERVICE, INC. d/b/a HORTON
TREE SERVICE, a Texas corporation
By; �,�t.,�.�„ .� ���
Name � �
Title: ���
"PURCHASER"
�
�
CHAEL BALL, TR TEE
FIRST AM._ HORTON 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/10/2005 - Ord. #16428-05-2005 & 16429-05-2005
DATE: Tuesday, May 10, 2005
LOG NAME: 12LANDFILLASSIG
REFERENCE NO.: C-20731
SUBJECT:
Adopt Supplemental Appropriation Ordinance and Authorization of Assignment of Three Earnest
Money Contracts and the Purchase of Certain Reai Property Situated in Forest Hill, Tarrant County,
Texas for the Construction of a Road
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Adopt the supplemental appropriation ordinance increasing appropriations in the Solid Waste Fund by
$294,132.27 and decreasing the unreserved retained earnings by the same amount;
2. Authorize the transfer of $194,132.27 from the Solid Waste Fund to the Solid Waste Capital
Improvements Fund;
3. Adopt the appropriation ordinance increasing estimated receipts and appropriations in the Solid Waste
Capital Improvements Fund by $194,132.27 from available funds;
4. Approve the assignment of an earnest money contract for the purchase of approximately 1.33 acres of
land in the City of Forest Hill, Texas, in fee and 1.33 acres of land as a slope easement and 0.67 of an acre
of land as a temporary construction easement (overlapped by the slope easement) from Northeast Service,
Inc. d/b/a Horton Tree Service;
5. Approve the assignment of an earnest money contract for the purchase of approximately 1.81 acres of
land in the City of Forest Hill, Texas in fee; 0.31 of an acre of land as a temporary construction easement;
and 0.63 of an acre of land as a slope easement from Tip Top Riding Club, Inc;
6. Approve the assignment of an earnest money contract for the purchase of approximately 3.055 acres of
land in the City of Forest Hill, Texas from Anglin 20 Joint Venture, c/o Ellis & Tinsley;
7. Authorize the City Manager to execute all necessary documents to purchase the above referenced
parcels of land for total purchase price of $188,173.59;
8. Authorize the payment of $5,958.68 to Michael Ball as commission for Trustee services rendered
pursuant to the Trust Agreement with the City;
9. Authorize the escrow of $100,000.00 for future attorney's fees and permit fees which may be incurred on
behalf of Northeast Service Inc., d/b/a Horton Tree Service, which may be necessary to acquire future state
or federal permits to continue operation of Northeast Service, Inc., d/b/a Horton Tree Service, until April 18,
2025; and
10. Authorize the City Manager to execute a letter to Northeast Service, Inc., d/b/a Horton Tree Service, to
be delivered at the time of closing on the earnest money contract, stating that the City does not object to
'1 r1T A TTTTT7 T A[l(lTl� r� � l� n
PE64 539120 0525001
P195 541200 052195005002
PE64 240001 0000000
$100,000.00 PE64 539120 0525001
$194.132.27
$100,000.00
Submitted for City Manager's Office by� Libby Watson (6199)
Originating Department Head: David Yett (7600)
Additional Information Contact: Christa Perez (8984)
�...�_., . _ �
$100.000.00
r �n»omo• 17T AT�TTIT.'TT T AQQT/7 r� n rn