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HomeMy WebLinkAboutContract 52492-A1 CITY SECRETARY CONTRACT NO. a-A j AMENDMENT TO CITY SECRETARY CONTRACT NO.52492 SToRMWATER FACILITY MAINTENANCE AGREEMENT This AMENDMENT TO CITY SECRETARY CONTRACT NO. -52492, STORMWA.TER FACILITY MAINTENANCE AGREEMENT is made and entered into by and between. the CITY OF FORT WORTH, a municipal corporation of Denton County, 'Texas, acting herein by and through its duly authorized City Manager or duly designated Assistant City Manager,hereinafter referred to as the "City", and FORESTAR(USA)REAL ESTATE GROUP INC."Landowner",acting herein by and through its duly authorized representative Tom Burleson as Senior Vice President,hereinafter referred to as "Licensee". RECITALS WHEREAS, the City of Fort Worth ("City") and FORE-STAR (USA) REAL ESTATE GROUP INC. evade and entered into City Secretary Contract No. 52492 (the ".Agreement") to authorize the use of on-site stormwater management facilities (the "Facility") to be consbucte€I and maintained on a portion of Landowner's property;and WHEREAS, the Agreement was recorded with the property records of the Denton County as document No.�which is one and the same as City Secretary Contract No, 52492. WHEREAS, the Agreement contains exhibits) "A" and "B"that depicts the location and design specifications of the Facility; and WHEREAS, it advisable to execute this Amendment to the Agreement to revise exhibits) "A" and "B" in the Agreement to depict changes location and design changes being added to the original agreement,and NOW THEREFORE, City and Landowner, acting herein by and through their duly authorized representatives,.enter into the following that amends the Agreement: RECEIVED Exhibit A is hereby replaced with Exhibit A-I attached hereto and incorporated herein to the MAR v 1 OFFICRAL RECORD ryy OF FORT WoR:TV{ c�TYs�c��T�tii' CITV SEibRETAR"r r . WORTH, TX Agreement, consisting of revised location description of the Facility. 2. Exhibit B is hereby replaced with Exhibit 13-1 attached hereto and incorporated herein to the Agreement,consisting of revised design specifications of the Facility. 3. This Amendment shall be filed.with the City Secretary as an amendment to the Agreement and also recorded among the land records of Denton County, Texas,and shall constitute a covenant manning with the land,and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests,including any property owners association, 4. All Other provisions of the Agreement which are not expressly amended herein shall remain in full force and effect a©�o EXECUTED on this the ��day of N MT1 \ REMAINDER 017 111 IS PAGE INTENTIONALLY LEFT BLANK CITY OF FORT WORTH: ATTEST a� " twit�4y anaerABSIt City Sec a -A- a'oved as to Form and Legality: CGtYtlta�l�d2��2yhol.�f NAD C�Fsisca R,-a�ez-Re�nc€r14(tk�ar<., Assistant City Attorney STATE OF TEXAS � COUNTY OF DENTON BEFORE CIE, the undersigned authority, a Notary Public in and for the State of Teas, on this day personally appeared DOA?> ,Assistant City Manager,known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed, as the act.and deed of the CITY OF FORT WORTH, and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this .,2,-,7... day of jQQ,C—A—>20 n�h CIA S.sANCI V FY F[ MA- ID#2256490 .. yfilotsry 2421 Not ry Publi.c,State ofTeas Expires December�9 WGUAL RECORD CITY SECRETARY FT WORTH, TX FORESTAR(USA)REAL ESTATE GROUP INC. By: Printed Name:' Title- !!jw19!!E!m!Ehimft- KWn LSZOM Investment Me&Gr STATE OF TEXAS § COUNTY OF DENTON § " BEFORE ME, the under Lgne authority, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument,and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed,as the act and deed of FORESTAR (USA)REAL ESTATE GROUP INC.,and in the capacity therein stated, GIVEN UNDER MY HAND AND SEALOFOFFIC"this !rdavof AkA-(CAA RYAN OAUGHAN ' Notery Public,State of Tom a Comm.Expirea iui-v-2ou *04f, 3� Notaty 10 132321539 Notary FMIC. ,TaTe bi-]IZIX717— OFFICIAL RECORD C11T SECUTARY r2T. WORTH,TX Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. 06 61)4,f Janie S.Morales Development Services Manager OFFICIAL RECORD MY SECRETARY FT. WORTH, TX EXHIBIT"A-1„ INSERT LEGAL DESCRIPTION E) I-IIBIT "A-1" 3,605 ACRES PHASE 2 AMENITY PONDS BEING A 3,605 ACRE TRACT OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY,ABSTRACT NO. 1276,CITY OF FORT WORTH, DENTON COUNTY,TEXAS, AND BEING PART OF A 380.796 ACRE TRACT OF LAND, CONVEYED TO MCKELVEY- COLE,L.P.,BY DEED RECORDED IN COUNTY CLERKI S FILE NO. 2014-79019, REAL PROPERTY RECORDS, DENTON COUNTY,TEXAS, SAID 3.605 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1" IRON FOUND FOR.THE SOUTHWEST CORNER.OF,SAID 380,796 ACRE TRACT AND AN INTERIOR ELL CORNER OF A 335.815 ACRE TRACT OF LAND CONVEYED-TO MCK.ELVEY-COLS, L.P., BY .DEED RECORDED IN COUNTY CLERK'S FILE NO,2014-78881,REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS,FROM WHICH A 1" IRON ROD FOUND FOR AN ANGLE POINT IN THE SOUTH LINE OF SAID 380.796 ACRE TRACT AND A COMMON NORTH LINE OF SAID 335.815 ACRE TRACT BEARS SOUTH-88 DEGREES 55 MINUTES 50 SECONDS EAST,A DISTANCE OF 3119.+64 FEET; THENCE,NORTH 24.DEGREES 04 MINUTES 38 SECONDS EAST, OVER AND ACROSS SAID 380.796 ACRE TRACT,A DISTANCE OF 1647.38 FEET TO THE POINT OF BEGINNING, "THENCE, CONTINUING OVER AND ACROSS SAID 380.796 ACRE.TRACT,THE FOLLOWING COURSES.AND DISTANCES: NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST,A DISTANCE OF 446.21 FEET TO A POINT FOR CORNER; NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST,A DISTANCE OF 544.50 FEET TO A POINT FOR.CORNER; NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST,A DISTANCE OF 112.95 FEET TO A POINT FOR CORNER; SANTX-LAND\0006\200 SURVEY\230 Legal Descr1pt1ons\0006EX1&ddcx Page 1 of 4 NORTH 89 DEGREES 48 MINUTES 59 SECONDS EAST,A DISTANCE OF 366.46 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09 DEGREES 33 MINUTES 32 SECONDS, A RADIUS OF 490.00 FEET,AND A LONG CHORD THAT BEARS NORTH 85 DEGREES 02 MINUTES 13 SECONDS EAST A DISTANCE OF 81.65 FEET; ALONG SAID TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF 81.75 FEET TO A POINT FOR CORNER; NORTH 80 DEGREES 15 MINUTES 27 SECONDS EAST,A DISTANCE OF 148.89 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 49 DEGREES 16 MINUTES 21 SECONDS,A RADIUS OF 38.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 75 DEGREES 06 MINUTES 22 SECONDS EAST A DISTANCE OF 31.68 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT,AN ARC DISTANCE OF 32.68 FEET TO A POINT FOR CORNER; SOUTH 50 DEGREES 28 MINUTES 12 SECONDS EAST,A DISTANCE OF 22.15 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 29 DEGREES 56 MINUTES 49 SECONDS,A RADIUS OF 88.00 FEET,AND A LONG CHORD THAT BEARS SOUTH 35 DEGREES 29 MINUTES 47 SECONDS EAST A DISTANCE OF 45.47 FEET; ALONG SAID TANGENT CURVE TO THE, RIGHT,AN ARC DISTANCE OF 46.00 FEET TO A POINT FOR CORNER; SOUTH 20 DEGREES 31 MINUTES 23 SECONDS EAST,A DISTANCE OF 96.63 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 33 DEGREES 25 MINUTES 59 SECONDS,A RADIUS OF 430.00 FEET,AND A LONG CHORD THAT BEARS SOUTH 03 DEGREES 48 MINUTES 23 SECONDS EAST A DISTANCE OF 247.37 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 250.91 FEET TO A POINT FOR CORNER; SOUTH 12 DEGREES 54 MINUTES 36 SECONDS WEST,A DISTANCE OF 21133 FEET TO A POINT FOR CORNER; SOUTH 57 DEGREES 54 MINUTES 36 SECONDS WEST,A DISTANCE OF 14.14 FEET TO A POINT FOR CORNER; S:\NTX-LAND\0006\200 SURVEY\230 Legal Descr1ptions\0006EX1&docx Page 2 of 4 NORTH 77 DEGREES 05 MINUTES 24 SECONDS WEST,A DISTANCE OF 26.91 FEET"TO A POINT FOR CORNER AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 10 DEGREES 36 MINUTES 56 SECONDS, A RADIUS OF 485.00 FEET, AND A LONG CHORD THAT BEARS NORTH 82.DEGREES 23 MINUTES 52 SECONDS WEST A DISTANCE OF 89.73 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 89.86 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 157,029 SQUARE FEET,OR 3.605 ACRES OF LAND. A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION. BE,ARING BASIS BEING GRID NORTH,TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE,NAD83 (NA.D83 (2011)EPOCH 2OI0), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORE ARP(PID-DF8986)AND APLINGTON RRP2 CORS ARP(PTD-DF5387.) " Revised:November 22,2019 Aaron Registered Professional Land Surveyor �.OF- Texas Registration No. 6702 LJA Surveying, Inc. 3017 West 73h Street, Suite 300 MR .RON..n....=,B.a©.U.a,ar:Y.s. Fort Worth Texas 76107 ...................�.. 682-747-0800 •ya 67(I2 TBPELS Firm No. '1019454C1 �.'� �o� v S:\NTX-LAND\0006\200 SURVEY\230 Legal Descriptions\0006EX18Aocx Page 3 of 4 - CURVE CENTRAL ANGLEj490-00' IUS CHORD BEARING CHORD LENGTH ARC LENGTH Cl 9`33,32" N85=02'13"E 81.65' 81.75C2 49`1629 00' S75*06'22"E 31.68' 32.68' C3 29'S6'49" 00' S35=29'47"E 45.47' 4B.00' C4 33`25'S9" 00. SA3'4$'23'E 247.37' 25A.91 i" CS 1A'3fi'S6" 485.00' Ni32'23'52"W 89.73' 89.86' LINE l�EARlNG DISTANCE L1 NOYO 'A0"W 112.95' L2 N8A'15'27"E 148.89' LS 550'289 2"E L4 S20=31723"E 96.63' too, 200' 380.796 ACRES L5 S12'54'36"W 211.73' MCKE1.VEY�°-COLE, ..P. L6 S57' 4a36"W C.C.# 2014--79019 L7 N S 24"W 26.99' R.P.R.D.C.T. N89448'8 " ....._._366.46' 157,©29 S.F. 3.605 ACRES 4 N90'04 0 844.50 t4 40 Kr DRILLING PAD 1 � C.C.# 2004-53747 335.815 ACRES R.P.R.D.C.T. MCKELVEY---COLE, L.P. +n C.C.# 2014--78881 I PINT OF R.P.R.D.C.T. BEGINNING �� C $7 4 POINT or 1"IRF 31 t9.�a4 COMMENCING SOW55'50"E (RM) � .° •r (RM) DIRECTIONAL CONTROL LINE 335.815 ACRES . LEGEND MCKELVEY—CCLE, L.P. OAR 13 R.P.R.D.C.T. REAL PROPERTY RECORDS, C.C. 2(�14-78881 • . .. ."•"� DENTON COUNTY, TEXAS . „-.�. E IRF IRON ROD FOUND R.P.R.D.C.T. <• s� �67 .. C.C.# COUNT( CLERK'S FILE NUMBER (RIB) RECORD MONUMENT S SEARIND BASIS BMW GRID NORTH, TEXAS STATE PLANE COORDINATES. NORTH CENTEtAL ZONE. NA083 {NAD33 S (PIE?1) EPOC 20110),ND DETERMINGTON RRD2 COPS ARP {Pltl— FSSTC� OULATEO FRAM {iENTi1N COBS ARP REVISED-11/72/2019 DATE: 02 21 19 EXHIBIT It A-l" LJA 3urve ing, Inc. n PAGE A. E3RWN BY: M.D.K 3.605 ACRE PHASE 2 AMENITY PONDS 3017WestAhStmeet Phone 682.747,0W © j1 CHKD BY: M.9.B. OUT OF HE Sub300 �'P CHARLES TYGINGS SURVEY,ASSTRACT NO, 1276 FodWor#h Texas 76107 T.B,P,E.L.S.Firm No-10194MO PIROJ NO. 0006 CITY OF FORT WORTH,OENTON COUNTY,TEXAS EXHIBIT 'AAA" 0.297 ACRES DRAINAGE FACILITY EASEMENT BEING A 0.297 ACRE TRACT OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING PART OF A 5.000 ACRE TRACT OF LAND CONVEYED AS TRACT 2 TO TRAILS OF ELIZABETH CREEK HOMEOWNERS ASSOCIATION, AS RECORDED IN COUNTY CLERK'S FILE NO. 2018-27157, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 0.297 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH IRON ROD WITH CAP STAMPED"SPAIRS" FOUND FOR AN INTERIOR ELL CORNER OF SAID 430.185 ACRE TRACT, FROM WHICH A 112 INCH IRON ROD WITH CAP STAMPED "SPAIRS" FOUND FOR AN EXTERIOR ELL CORNER OF SAID 430.185 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO EXCEL INC., AS RECORDED IN COUNTY CLERK'S FILE NO. 2018-33800, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SEARS NORTH 89 DEGREES 53 MINUTES 24 SECONDS EAST, A DISTANCE OF 695.33 FEET; THENCE, SOUTH 811 DEGREES 33 MINUTES 06 SECONDS WEST, OVER AND ACROSS SAID 430.185 ACRE TRACT, A DISTANCE OF 1,791.26 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON A SOUTH LINE OF SAID 430A85 ACRE TRACT AND THE COMMON NORTH LINE OF AFORESAID 5.000 ACRE TRACT; THENCE, NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID COMMON LINE, A DISTANCE OF 475.08 FEET TO A POINT FOR CORNER FOR AN INTERIOR ELL CORNER OF SAID 430.185 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 5.000 ACRE TRACT; THENCE, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG A WEST LINE OF SAID 430.185 ACRE TRACT AND THE COMMON EAST LINE OF SAID 5.000 ACRE TRACT,A DISTANCE OF 208.07 FEET TO A POINT FOR CORNER; THENCE, OVER AND ACROSS SAID 5.000 ACRE TRACT OF LAND, THE FOLLOWING COURSES AND DISTANCES, NORTH 12 DEGREES 22 MINUTES 35 SECONDS WEST, A DISTANCE OF 196.51 FEET TO A POINT FOR CORNER; SOUTH 89 DEGREES 14 MINUTES 46 SECONDS WEST, A DISTANCE OF 433.00 FEET TO A POINT FOR CORNER; NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 21.82 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 12,936 SQUARE FEET, OR 0.297 ACRES OF LAND. S-XN-fX-LANDWO06VOO SUftVFY\230 Legal DescrlpVons\0006lEX43.docx Page 1 of 3 A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY DESCRIPTION. BEARING BASIS BEING GRID WORTH,TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE,NAD83 (NAD93 (2011)EPOCH 2010),DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM DENTON CORE ARP (Pill-DF8986)AND ARLINGTON RRP2 COBS ARP (PID-DF5387) Revised:November 22,2019 Aaron Registered Professional Land Surveyor 0 F Texas Registration No. 6702 < sTE#N 4- 4�' LJA Surveying, Inc. r. 3017 West 7111 Street, Suite 300 AARON C. BROWN Fort Worth, Texas 761.07 ......... 682-747-0800 13 0670241 <' TBPELS Firm No. 10194540 D SUP' S.\NTX-LAN0\0006N200 SURVEY\230 Legal Descrjpfjons\GG06FX43,docx Page 2 of 3 ale REMAINDER OF 430-185 ACRES 380.796 ACRES 0 FORESTAR (USA) MCKELVEY—COLE, L.P. REAL ESTATE GROUP INC. C.C.# 2014-79019 C.C.# 2018-27156 R.P,R.D.C.T. R.P.R,D.C.T. DIRECTIONAL CONTROL LINE 1/2"CIRF 0. 50, 100, N89*53t240E "SPAIRS" POINT OF COMMENCING/ C.C.#EXCEL INC.2018-33800 2"CIRF R.P.R.D.C.T. "SPAIRS" 'b2 430.185 ACRES 225' GAS SETBACK FORESTAR. (USA) FOR PROTECTED USE AND PUBLIC USE STRUCTURES—_---�\ REAL ESTATE GROUP INC. C.C,# 2018-27156 R,P.R.D.C.T. p0fN1 11, "'90MBEGINNING N90000'00"E 475.08' 12,936 S.F. Lq 0.297 ACRES S69,14'46"W 433-00' c; CD 23 m LOT fx 5.000 ACRES I V, TRACT 2 IQ TRAILS OF ELIZABETH CREEK HOMEOWNERS ASSOCIATION C.C,# 2018-27157 0 R.P.R.O.CJ. PROPOSED TRAILS OF ELIZABETH CREEK DRILLING PAD I PHASE 2 C.C.# 2004-53747 R.P.R.D.C.T. C3 LINE BEARING DISTANCE 1 tn Ll N *22 35"W 196.�51' .. ..... ..... ...... . O.O0'D0"W 2. AARO OWN L2 -NOWOO'00"W 21.§2!-- ... ..... ...... 67 or . LEGEND SUR CIRF CAPPED IRON ROD FOUND R.P.R.D.C.T. REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS 1ADB3 (HAD03 BEARING BASIS BEING GRID NORTH, y"AS STATE PLANE COORDINATES- NORTH CENTRAL ZONE' N 8 (2011) EPOCH 2010, DETERMINED By CPS OBSERVATIONS, CALCULATED FROM DENTON CORE ARP (P'D—DF 986) REVISED:11/22/2019 AND ARLINGTON RRp2 CORS ARP (PID—DF5.%7) EXHIBIT "A-1" LJA f-Surve 9 DATE: 05101/19 MinffLinc- 30!7 w.�j 'S�J*�300 .t WOO 0 0.297 ACRE E el PAGE DRWN BY: S.E.B. DRAINAGE FACILITY EASEMENT 3017 wesi ith sueet Phone 604.0-47.0800 CHILD Y. suiw 300 HKD BY: M.J.B. 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LU L— � A pa �:SVif•IR1G1M%IA,BN MfrR1V1 PR^R.a��t�,AFN3kT-d4s�q.If)slfus�4Y T�.L.5 pp I r id a� aNO 1 'q I 1p, a 1 + i f•\4 f{y' f r r' RM F;n �� �:'•'� +/ t � r �,r}SFr 1 a �� ���- y I r s. f x 't t f � t / F � l ''o 1� R : avcr7= 1 ,+ � )1 k s : 1 {r{ - IW 'I a ca a H .. gig qjq ilIE rig Q ° all K = � E r{,Sh'�1LOtR4L tMf1•lY A.H rd�`+r�I18tOEowi-antra.siflr/Nek?,r Fu.td r4evs v ce' v o e� .44 dq 'I It r I Ln - mi I N I I _ Ir pyn,e EA L 7 lop jjj z � - , In! r4 R 9 Z N A rn a x � st ` log 94 �1 a�zre.l�zrcga uwnra wn.n W+..nw"s.r.ew�..,.s,iJ!1fi1=,eea w,za ws W o a ILA i • ecn P •c zq N 4 �a 8 I }" — .. 13 Lr qL IQ H$Ig �vm - an till 4491 rm 4t zn px�� R� � Ran -s �,{, Iq � Uqq � All, x [_LL EXHIBIT"C" CITY OF FORTWORTH STORMWATER FACILITY OPERATION AND MAINTENANCE FLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or caber adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original, lines andgrades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WA17ER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every B months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mewed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION Visual inspections of all components will be conducted every 6 months. A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's primary components, mewing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom, Written maintenance and repair records shall be maintained by the pares or parties signing the attached Agreement and shall be provided to the City upon request, STORMWATER FACILITY MAINTENANCE AGREEMENT g Rev.1111712016 EXHIBIT"D" S tom myk�b.-_-r Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIR$ NOT ES INSPECTION REQUIRED MADE Mow in Remove Trash and debris Inspect irrigation Ustem operation ...... Remove grass Cli in Violations Noted MINOR INSPECTION Condition of Pond Amount of sift In _p c nd Amount of silt in -flume Amount of ponded water Amount,--of'w'e t I—and—, veg eta flon -7-- - Location of Erosion Percent of ve etation Condition of trash uard Location offrosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of R—ip-- - Rap STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.4111712016 Condition of ! filtration system Berm or Embankment Settlement Location of erosion _. Evidence of Animals _ Evidoncn of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT Rev,1111712016 0 rrr w IVtro C o + r. — m ca. CAS ro In n EA fp sn rr w " _ n 00 cu L3 -� v �s y m tD 1 m v°+i Q0 rru aqQyr O L q Su m Q LT. m a XS ZP m su � D- In rn +�t ' vs ,,.,� .b vx -c -,► : a o � > .0 ' -A go A � 0-4 " a. � 0 Y � a� ro- w � m Rw z # EF c 'T 0 as 0- � �., rr i4 m Ir m C!} 3 (DOn kD zB a [A ita rr o cn r.. (D Q �7' CTl TA� ;4 (D � ro s� o 0 s roo N t3 CD tm oq s-r� rD CA �a. s vaq 2lu i Lr' ^ '. a � m 46 tosa , , su su 0 CD r � �* -IT �' Co. � �# ' w r w ! : � JM " A 13 aDPP,,rA CD O �. ul y N ZLto ' ' �?; e 45 m ol off, as a '. P. a- a ro to M in cr G et cim C 0 (D +� tD p + tit �i iD II3 = ,w. a �p *s r to =r 4f `� „' CL rr ID ev a+ o a m m vi cr fD wa 0 iu W 0 = ro r0) a ELep DIN a- Err ras 0 c ro CL p 2 -0 0 3 w o 0 � crr-o co CL 3 =r W: f2 ID ,-ss W qLA W Denton County Juh Luke County Clerk Instrument Number. 27166 ERecordings-RP WARRANTY DEED Recorded On: March 12,2018 08:52 AM Number of Pages: 15 Examined and Charged as Follows: Total Recording: $82-00 THIS PAGE I!;PART OV THE INSTRUMENT Any provision herein which restricts the Sale.Rental or use of the described REAL PROF EMY because of color or race Is lwalld and unenforceable under federal law. FlIc.Information: Record and Return To: Document Number: 27156 eRx Receipt Number: 20180312000130 Recorded Date/7"ime: March 12,2018 08:52 AM User: Connor B Station: Station 10 ................... STATE OF TEXAS COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime printed hereon,and was duty RECORDED in the Official Records of Denton County,Texas. Ju(i Luke xs4ia County Clerk Denton County,TX NOTICE OF CDNF.IDENTIALrFY RIGHTS.- IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STREK.E 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 R.PUBLIC RECORDS: YOU SOCIAL SECURITY" NUMBER.OR YOUR DRIVERS LICENSE NUMBER.. TI4E STATE OF TEXAS § § KNOW ALL MEN BY TIIESE PRESENTS: COUNTY OF DENTON § THAT, MCIELVEY-C LIE SYR LF,a Texas limited partnership (" for"), for and in consideration of the sum of $10.00 cash in hand paid by FO STAR (USA) REAIL. ESTATE GROUP INC., a Delaware corporation {" ``), whose address is 10700 Pecan Park Blvd., Suite 150, Austin, TX 78750, and other good and valuable consideration.,the receipt and sufficiency of which are hereby acknowledged by Grantor, has GRANTED, BARGAINED, SOLD and CONVEYED,and by these presefits does GRANT,BARGAIN,SELL and O unto Grantee, that certain real property situated in Denton County, Texas, and described in Klbjhit A attached hereto and made a part hereof for all poses (the *Land"), and all buildings, fixtures and ether improvements located on the Land, if any, together with all and singular the rights, priviloges,hereditarnents, and appurtenances pertaining,to such real property, including, but not limited to, any right, title and interest of Grantor in and to (l) any ships and gores, if any, between the Land and any abutting properties,whether owned or claimed by deed, limitations or otherwise; and (2) any laud lying within any highway, avenue, street, road, alley, easement or right of way,open or proposed,in,or across,abutting or adjacent to the Ld, to the center line of said highway, avenue, stet, road, alley or night-oaf-way, SAYE, LESS :AND EXCEPT the Minerals defines! below(collet ively, the"ITrup-,Ay"). Notwithstanding anything to the contrary contained or implied elsewhere herein,Grantor hereby reserves,retains and excepts from this conveyance all of the oil, gas and other minerals (the "h1 ")in or under the Land that are not currently outstanding in other parties as of the date hereof, however, Grantor hbreby expressly waives, conveys, vansfers and assigns in favor of Grantee and its successors and assigns any ,and all rights to Wilize the surface estate of the Land for any and all uses whtam ever including, but not limited to, drilling, extraction, production or Bather exploration or mining for Minerals or the storage or transportation thereof Such waiver shall not, however, restrict or prohibit the pooling or unitization of the Minerals reserved by Gmtor hereunder with land other than the Land or the exploration or produrtioxn of the Minerals by means of wells that are drilled that open on land rather than the Land but enter or bottom under the Ind at a depth of not less than 1000 feet,provided that such operations(a) in no manner interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Land and (b) comply with all applicable rules, regulations, ordinances and laws. l 2643320IV4 50W.022.44 This conveyance is made by Grantor and accepted by Gmmee Subject to any easements, restrictions and other matters described in Exhibit attached hereto and incorporated herein by reference(collectively,the" �� tic►ns"). TO HAVE AND TO HOLD the Property, together ,%ith, all and singular, the rights and appu tensnces thereto hi anywisc belonp)ng, to Gmtee and Gmutoes SuMessors and assigns forever; and subject only to the Permifted ExccptiOns, Grantor does hereby bind (kantor and Grantor's successors and 8ssi arrrs to wamnt and tot-over defend, all and singular, the meaty onto the Grantee and Grantee's successors and assig , against every person whomsoever lawfully claiming or to claim the same,or any pat thereof by, duOu8b or under Grantor, but not. otherwise. 26439201A 5WO,022,04 EXECUTED to be effective the day of AW. &I 2018. GRANTOR: OR: MCIMLVEY Cf TIF SFR LP, a Texas limited paftership By: G reenway- cKelvey+Cap,LLC, a Texas limited liability company, its General Partner By: d Petty Vice President STATE OF TEXAS COUNTY OF DA LT.A This instrment was acknowledged before me this day of 2018, by Todd Petty, Vice President of Greenway-McKelvey GP, LLC,a Texas limited liability �compf1r1 , as General Partzier of MCKELVEY-COLE S It LP, ,a Texas limited partnership, can b�hrilf of 9iich limited partnership. Notary Public i nie of Texas My Commission Expires: (STASI�'I1JIY 4' M1LL6 ^ -- 14orry 6+ta�11 1 'Jary 104,30208 14 Uy e ,Cr .,iu5y o.7u tQ ,der P.wordin ,Rd=to- Matt Stark,Esq, Forestar Group 6300 Bee Cave Rd. Bldg Two,Suite 500 Austin,Texas 78746 3 2645920w 3tt05U,on.04 Exhibit A I}mdllgr � BEING A 430.185 ACRE TRACT OF LAND SITUATED IN THE JOHN F. DAY SURVEY ABSTRACT NO. 384, CHARLES TYDTNGS SURVEY, ABSTRACT NO. 1276 AND THE ALFRED M. KING SURVEYS ABSTRACT NO. 710, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BEING PART OF A 380.796 ACRE TRACT OF LAND, CONVEYED TO MC ELVEY-COLE, L.E. BY DEED RECORDED IN COUNTY CLERIC'S PILE NO. 2014-79019, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND A 335,815 ACRE TRACT OF LAND CONVEYED TO MCKELVEY-CCOLE, L.P. BY DEED RECORDED IN COUNTY CLERK'S RILE NO. 2014-78881, REAL PROPERTY RECORDS, DENTON COUNTY,TEXAS. SAID 430.185 ACRE TRACT, WITHREFERENCE BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (CORS96, EPOCH DATE 2002), DETERMINED BY OPS OBSERVATIONS ON JULIAN DAY 253, 2004 CALCULATED FROM ARLINOTON RRP2 CORS ARP (P'ID DF53M AND DEWON CORS ARP (PID DF8986), BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: RGINNY (T' Al' CONCRETE °TXDOT MONUMENT FOUND FOR THE NORTHWEST CORNER OF SAID 335.815 ACRE TRACT, SAID POINT BEING ON THE SOUTH Lm OF STATE HIGHWAY NO. 114 (A VARIABLE WD)TH RIGHT-OF-WAY) AND BEING ON THE EAST LINE OT THE ATCHISON TOPEKA & SANTA FE RAILWAY COMPANY RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT-OP'-WAY) RECORDED IN COUNTY CLERK'S FILE NO. 93-R(I021055, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; THENCE,NORTH 88 DEGREES 05 t'vi]NUT 1'ES 40 SECONDS EAST,ALONG SAID SOUTH RIGHT-OF-WAY LINE RANI? THENORTH LINE OF yAI )/�3 5.8'y15 :A�}C�fREs p�TRACT, A DISTANCE ANCE OF 289.92 FEET TO .t'7� FENCE POST FOUND FOR, CORNER, SAID POINT BEING THE NORTHEAST + CORNER OF SAID 335,815 ACRE AND A NORTHWESTCORNER.OF AFORESAID 380.7'96 ACRE TRACT, THENCE, CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LPW. AND T1 tE NORTH LINE OF SAID 380.796 .ACRE TRACT, 17HE FOLLOWING COURSES AND DISTANCES. NORTH 88 DEGREES 01 MINUTES 44 :SECONDS EAST, A. DISTANCE OF 1021.62 FEET TO A CONCRETE TXDOT MONUMENT FOUNT)FOR CORNER, NORTH 82 DEGREES 28 MINUTES 06 SECONDS EAST, A DISTANCE OF 107.16 FEET TO A POINT FOR CORNER; NORTH 89 DEGREES 36 MINUTES 19 SECONDS EAST, A DISTANCE OF 831.96 FEET TO A POINT FOR CORNER:, FROM WHICH A 1/21NCH IRON .ROD WITH 1 PLASTIC; CAP STAMPED `°SPIARS' FOUND BEARS, NORTH 00 DEGREES 07 MINUTES 37 WEST,A DISTANCE OF 3.88 FEET; THENCE, DEPARTING SAID COMMON LINE .AND OVER AND ACROSS SAID 380,796 ACRE TRACT,THE FOLLOWING COURSES AND DISTANCES; SOUTH 00 DEGREES 07 MINUTES 37 SECONDS EAST,A DISTANCE OF 1252.66 FEET TO A 1/2 INCH IRON ROD WITH PLASTIC CAI' STAMPED 44SP " FOUNT}FOR.CORNER, NORTH 89 DEGREES 53 MINUTES 24 SECONDS EAST, A DISTANCE OF 695.33 FEET TO A 112 INCH IRON ROD WITH PLASTIC CAP STAMPED "SPIART). FOUND FOR.CORNER; SOUTH 00 DEGREES II .MINUTES 01 SECONDS EAST, PASSING AT A DISTANCE OF 2664.65 FEET TEE COMMON SOUTH LINE OF SAID 380.796 ACRE TRACT AND THE NORTH LINE OF AFORESAID 335.815 ACRE TRACT, CONTINUING OVER AND ACROSS SAID 335.815 ACRE TRACT, PASSING AT A DISTANCE OF 4540.65 FEET A 518 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS" SET FOR WITNESS, CONTINUING IN ALL A TOTAL DISTANCE OF 4790.65 FEET TO A POINT FOR: CORNER. ON THE SOUTH LINE OF SAID 335...8�15�ACRE TRACT,SAID CORNER BEING IN THE CENTERLINE OF E }y'yy THENCE, ALONG SAID SOUTH LINE OF 335.815 ACRE TRACT AND SAID CENTERLINE OF ELLZADETH CREEK,THE FOLLOWING C:OUSES AND DISTANCES: NORTH 80 DECREES 48 MINUTES 39 SECONDS WEST, A: DISTANCE OF 129.40 FEET TO POINT FOR.CORNER, SOUTH 29 DEGREES 10 MINUTES 21 SECONDS WEST, A DISTANCE OF 163.71 FEET TO POINT FOR CORNER; SOUTH 77 DEGREES 13 MINUTF.S 35 SECONDS WEB I', A DISTA-10E OF 487.75 .FEET TO FOUNT FOR.CORNER; NORTH 75 DEGREES 35 MINUTES MIN UTES 03 SECONDS WEST, A DISTANCE OF 572.39 FEET TO POINT FOR C ORNER; :NORTH 61 DEGREES 35 MINAS 39 SECONDS WEST, A DISTANCE OF 253.36 FEET TO POINT FOR.CORNER; NORTH 28 DEGREES 47 MINUTES 08 SECONDS WEST, A DISTANCE OF 363.84 FEET TO POINT FOR CORNER; 2 264$92Qlv45 =04 NORTH 05 DEGREES 50 MINUTES 18 SECONDS EAST, A DISTANCE OF 98.25 FEET TO POINT FOR CORNER; NORTH 10 DEGREES 51 MINUTES 38 SECONDS WEST, A DISTANCE OF 217.01 FEET TO POINT FOR CORNER.; NORTH 42 DEGREES 51 MINUTES 54 SECONDS EAST, A DISTANCE OF 280.44 FEET TO POINT FOR CORNER.; NORTH 13 DEGREES 52 MINUTES I 1 SECONDS EAST,A DISTANCE OF 158.68 FEET TO POINT FOR CORNER; NORTH 14 DEGREES 16 MINUTES 19 SECONDS "BEST, A DISTANCE OF 22T09 FEET TO POINT FOR.CORNER; NORTH 65 DEGREES 10 MINUTES 10 SECONDS WESl , A DI-STANCE OF 526.29 FEET TO POINT FOR CORNER, NORTH/y57 DEGREES 05 MINUTES 0 SECONDS WEST', A DISTANCE OF 353.97 ry FEET T O POINT FOR.CORNER; NORTH 38 DEGREES 05 MINUTES 49 SECONDS WEST, A DISTANCE OF 346.38 FEET TO POINT FOR CORNER; SOUTH 89 DEGREES 37 MINUTES 39 SECONDS WEST, A DISTANCE OF 257.30 FEET TO POINT FOR COMER;, NORTH 38 DEGREES 30 MINUTES 47 SECONDS WEST, A DISTANCE OF 158.48 FEET TO POINT FOR CORNER; NORTH 15 DEGREES 47 MITES 36 SECONDS WEST, A DISTANCE OF 370.29 F ;FT TO POINT FOR CORNER; NORTH 63 DEGREES 28 MINUTES 50 SECONDS WE.S l-, A DISTANCE OF 146.73 FEET TO POINT FOR CORNER SOUTH 79 DEGREES 14 MINUTES 42 SECONDS WEST, A DISTANCE OF 16f<63 FEET TO POINT FOR CORNER.; NORTH 76 DE6 REES 16 MINUTES 11 SECONDS WEST, A DISTANCE OF 216.63 FEET TO POINT FOR CORNER; NORTH 60 DEGREES 56 MINUTES 31 SECONDS 'EST,A DISTANCE OF 304.68 FEET TO POINT FOR CORNER; 3 264392010 54Q6tf=04 NORTH 42 DEGREES 13 MINUTES 46 SECONDS WEST, A DISTANCE OF 179.01 FEET TO POINT FOR.CORNER-, NORTH 17 DEGREES 51 MDRJTFS 17 SECONDS EAST, A DISTANCE OF 268.74 FEET TO POINT FOR CORNER, NORTH 55 DEGREES 34MIINUTES 51 SECONDS WEST, A.DISTANCE OF 178.75 FELT TO POINT FOR.CORNER; NORTH 80 DEGREES 07 MINUTES 02 SECONDS WEST,A DISTANCE OF 198.03 FEET TO POINT FOR CARDER; NORTH 68 DEGREES 45 MINUTES 26 SECONDS Wl;S'i', A, DISTANCE OF 193.54 FEET TO POINT FOR CORNER; NORTH 46 DEGREES 12 MINMS 13 SECONDS WEST, A DISTANCE OF 204.55 FEET TO POINT FOR CO ]Z, NORT14 83 DEGREES 28 MINUTES 06 SECONDS WEST,A DISTANCE OF 272.02 FEET TO POINT FOR CORNER; SOUTH 65 DEGREES 25 MINUTES 53 SECONDS WEST, A. DISTANCE OF 67.90 FEET TO POINT FOR.CORNER; SOUTH 13 DEGREES 25 MINUTES 16 SECONDS WEST, A DISTANCE OF 69.76 FEET TO POINT 1:0ki CORNER; SOt1TH 43 DEGREES 26 MINUTES 20 SECONDS WEST, A, DISTANCE OF 109.14 .FEET TO POINT FOR.CORDER; SOUTH 87 DEGREES 42 MINUTES 53 SECONDS WEST, A.DISTANCE OF 136.06 FEET TO POINT FOR CORNER; NORTH 58 DEGREES 33 MINUTES 30 SECONDS WEST, A DISTANCE OF 424.2 FEET TO A. POINT FOR THE SOUTHWEST CORNER OF SAID 335.815 ACRE TRACT, SAID POINT BEING ON THE AFORESAID EAST RAILROAD RIGHT-OF- WAY LINE AND BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 02 DEGREES 06 MINUTES 42 'gS��EC�g+ONDS, gAy�RADIUS tr�,�OMINUTES F,�'2.714y.+9'}3(t FEET �'+pAND SECONDS EAST, �I.ON�G gCHpt��tl�,j3�THAT g;BEARS g NORTH 43 DEGREES 23 MIN A 1.S 52 A7�aCONDS :�✓AS , A DISTANCE CE Off" 100.05 FF F.T; THENCE, ALONG SAID EAST RAILROAD RIGHT-OF-WAY AND THE WEST LINE OF SAID 335.815 ACRE TRACT,THE FOLLOWING COURSES AND DISTANCES: 4 26459201A 5060.022.04 ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 100.06 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS"SET FOR CORNER NORTH 44 DEGREES 27 MOTES 12 SECONDS EAST, A DISTANCE OF 1546A2 FEET TO A 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS"SET FOR CORNER; NOR' H 45 DEGREES 32 MINUTES 47 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A 5/8 INCH IRON ROD WITH YFT LOW PLASTIC CAP STAMPED "JACOBS"SET FOR CORNER; NORTH 44 DEGREES 27 MINUTES 13 SECONDS EAST, A DISTANCE OF 400.00 FEET TO A 518 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'JACOBS"SET FOR CORNER; NORTI 145 DEGREES 32 MINUTES 47 SECONDS W M- T, A DISTANCE OF 25.00 FEET TO 5/8 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JACOBS? SET FOR CORNER; NORTH 44 DEGREES 27 MINUTES 13 SECONDS EAST,A DISTANCE OF 1426.62 FEET TO THE POINT OF BEGIT4NING AND CONTAINING 430.185 ACRES LAND, MORE OR LESS. SAV &EXCEPT 1'"ACT I BEING A 5,000 ACRE TRACT OF LAND SITUATED IN THE JOHN F. DAY SURVEY, ABSTRACT NO, 384,CITY OF FORT WORTH,DENTON COUNTY,TEXAS, AND BEING PART OF A 335.815 ACRE TRACT OF LAND CONVEYED TO MCIMLVEY-COLS, L.P. BY DEED RECORDED IN COUNTY CLERKS FILE NO, 2014-78881, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 5.000 ACRE TRACT, WITH REFERENCE BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONENAD83, (CORS96, EPOCH DATE 2002), DETERMINED BY GPS OBSERVATIONS ON JULIAN DAY 253, 2004 CALCULATED FROM ARLINGTON RRP2 CORS ARP (PID-DF5387) AND DENTON CORS ARP (PID-DF8996), BEINO MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCIN TX G AT CONCRETE DOT MONUMENT FOUND FOR THE NORTHWEST CORNER OF SAID 335.815 ACRE TRACT,SAID POINT BEING ON THE SOUTH LINE OF STXfF HIGHWAY NO. 114 (A VARIABLE WIDTH RIGHT-OF- AY) AND BEING ON THE EAST LINE OF THE ATCHISON TOPEKA & SANTA FE RAILWAY COMPANY RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT-OF-WAY) RECORDED IN COUNTY CLERK'S FILE NO, 93-R0021055, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; 24AS920W 10%0.022,04 THENCE, SOUTH 34 DEGREES 27 MINUTES 41 SECONDS WEST, OVER AND ACROSS SAID 335.815 ACRE TRACT, A DISTANCE OF 174.37 FEET TO THE POINT 0P BEGINNING; SCE, CONTINUING OVER AND ACROSS SAID 335.815 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 74 DEGREES 59 MINUTES 42 SECONDS EAST, A .DISTANCE OF 300.00 FEET TO A 5/8 INCH IRON ROD WITIT YELLOW PLASTIC CAP STAMPED "JACOBS"SET FOR CORNER; SOUTH IS DEGREES 00 MINUTES IS SECONDS WEST,A DISTANCE OF 726.00 FEET TO 6/m INCH IRON ROD VMN "YELLOW PLASTIC CAP STAMPFT) "'JACOBS" SET FOR CORNER; NORTH 74 DEGREES 59 MINUTES 42 SECONDS WEST,A DISTANCE OF 300.00 .FEET TO 518 INCH IRON ROD WITH YELLOW PLASTIC CAI' STAMPED "JACOBS"SET FOR CORNER; - NORTH 15 DEGREES 00 MINMS 18 SECONDS FAST,A DISTANCE OF 72+6.0€I FEET TO THE P(?PP' O.F BEGINNING AND CONTAINING 5.00 ACRES LAND, MORE OR LESS. SAVE;&RXCEr-r TW,,,CT 2 BE-ING A 5.000 ACRE TRACT OF LAND SITUATED IN THE CHARLES TYDINGS SURVEY ABSTRACT NO. 1276, CITY OF FORT WORTH, DENTON COUNTY, TEXAS, AND BETNG PART OF A 380.796 ACRE TRACT OF LAND,CONVEYED TO 14ICKELVEYm COLE, L.P. BY DEED RECORDED IN COUNTY CLI.IWS FILE NO. 201.4-79019, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS. SAID 5.000 ACRE TRACT, WITI REFERENCE BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (CORS96, EPOCH DATE 2002), �+DETERMINED BY �OPS OBSERVATIONS ON .JULIAN DAY 253, 2004� CALCULATED FROM A1fy�]L1N�GTONf�RRP2 COFRS �ARj.P (PI J-�IDF5397) AND DENTON pCpC�7RS�yA �y(�i�ID-q D 8986), BEING MORE PARTICULARLY DESCRIBED 3 METES AND 33OUND7 Ash FOLLOWS: COMMENCING AT CONCRETE TXDOT MONUMENT FOUND FOR THE NORTHWEST CORNER. OF A 335.815 ACRE TRACT OF LAND CONVEYED TO MCRELVEY COLS, L.P. BY DEED RECORDED IN COUNTY CLERKS S FILE NO, 2014-78881, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, SAID POINT BEING ON THE SOUTH LINE OF STATE HIGHWAY NO. 114 (A VARIABLE WIDTH RIGHT-OF-WAY) AND BEING ON THE EAST LINE OF THE ATCHISON TOPEKA& SANTA F.E RAILWAY COMPANY RIGHT-OF-WAY (A VARIABLE WIDTH RIGHT-OF-WAY) RECORDED IN COUNTY CLERK'S FILE NO. 9340021055, REAL PROPERTY RECORDS, DENTON COUNTY,TEXAS, 6 20ss"M 5000.M.04 mbb ft a smL - . 1. Taxes and assessments for the year 2018 and subsequent yews not yet due and payable. Sure Site Easement Agreement, recorded January 16, 2014, in Instrument Number 2014-4428, heal Property Retards, Dcnton County, Texas, as acted by First Amendment recorded August 6, 2014, in Instrument Number 2014-78247, Real Property Records,Denton County,Texas. 3. Surface Site Easement Agreement, retarded January 16, 2014, in Instrument Number 2014a4429, Real Property Records, Denton County, Texas, as affected by ,First Amendment recorded August 6, 2014, in Instrument Number 2014-78248,Real .Property Records,Denton County,Texas, 4, Surface Site Easement Agreement, recorded January 16, 2014, in Instrument Number 2014-4430, Real Property Records, Denton County, Taxes, as affected by First Amendment worded August b, 2014,in Instnunent dumber 2014-78249, Item Property Records,Denton County,Texas. 5. Surface Site FASCUICM Agreement, recorded Jraminry 16, 2014, in Instrument Number 2014-4431, Real Property Records, Denton County, Texas, as difected by First Amendment recorded August 6,2014, in Instrument Number 2014-78250, Real Property Records,Denton County,Tom. & Production Sharing Agreement retarded November 15, 2013, in Instnremne Number 2013-13 7250,Real Property Records,Denton County,Texas. 7. Production Sharing Agreement recorded November 15, 2013, In ImIrtunezlt Number 2013-137251,Real Property Records,Denton Counu-.Texas. 8> Easement awarded to Brazos Electric Poorer Operative, Inc.,by Judgment under Cause No. 10448, recorded Aug 20, 1982, in Volume 1160, Page 140, heal Property Records, Denton County, Texas. 9. Easement g,nanicd by Clark W. McKelvey Family Limited PartnersItip to Southwestern Gas Pipelines, Inc.,recorded January 26,20€1, in Volume 4762,Page 567, Real Propui-ty Records, Denton County, Tem,as affected by Amendment to Right of Way Agreement recorded August 31,2017, in Msi nurse ut Number 2017-107948, Official Public Records, Denton County,Texas and Amendment to Right of Way Agreement recorded August 31, 2017, in Instrument lumber 2017-107949, Official Public Records, Denton. County, Texas. 10. Easement &mnted by Clark W. McKelvey Family Limited Partnership to Soutltiv'estem Ow Pipeline, recorded May 24, 2002, in Volume 5093, Page 2596, heat Property Records,Denton County,Texas, as affected by Amendment to Right of Way Agreement recorded August 31, 2017, in Instrument Number 2017407936, Official Public Records, Denton County,Texas and,Amendment to Right of Way Agreement recorded August 3 I, 2017. in Instrument Number 2017-107935, Official Public Records, Denton County, Texas. 1 26459201v4 50060.022.04 11. Easement granted by Claris W. McKelvey Family Limited Partnership to Southwcsteni Gas Pipeline, Inc., recorded May 24, 2002, in Volume $093, Page 2603, Real Property Records, Denton County, Texas, as affected by Amendment to Easement Agreement recorded August 31,2017, in Instrument Numlierr 2017-107943, Official Public Records, Denton County,Texas. 12. Easement granted by Phyllis Charlotte Carroll to Quicksilver Resources, Inc., recorded September 22,2010,in Instrument Number 2010-94349,Real Property Records, Denton County,Texas. 13. Easement granted by Clark W. McKelvey family Limited Partnership to Quicksilvor Resources, Inc,, recorded September 22, 2010, in Instrument Number 2010-94350, Real Property R_:cor&,Denton County,Texas. 14. Mineral estate and interest in coal, lignite, oil, gas and other minerals together with all rights, privileges and immunities theroo described in General Warranty Deed recorded June 27, 1957,in Volume 430,Wage 282, Real Property Records,Denton County,Texas; as affected by Royalty Deed accorded in Volume 4540, Page 3000 and Mineral and Royalty Deed recorded in Volume 5141, Page 4359, Real Property Rords, Denton County,Texas. 15. Mineral estate and ingest in coal, lignite, oil, gas and other minerals together with all ruts, privileges and immunities thereto described in Mineral teed with Vendor's Lien recorded.July 12, 2000,tecorded in Volume 4629,Page 2672,Ming cometed in Volume 5007,Page 3883,Real Property Records,Denton County,Texas. 16. Mineral lease, together with all rights, privileges and immunitics thereto, to James T. Dowell from Clark W.McKelvey and wife,Jettah J. McKelvey,described in Gil teas and Mineral lase recorded May 30, 1980, in Volume 1018, Pape 929, Real Property Records,I nion County,Texas, 17. Mineral lease, together with all rights, privileges and irmntanities incident thereto, to Chief Gil&Gas LL,C from Clark W. McKelvey Family Limited Partnership,described in Memorrandun of Gil and Gas Lease recorded April 13, 2000, in Volume 4568, Page 1927, together with Designation of [.baits recorded in Volume 5079, Page 3707, heal Property Record, Denton County, "Texas, as arfet:led by Snrfice Use Agreement by and betwcen Devon Energy Production Company, L.P. and McKelvey - Code aRF Lal' recorders September 26, 2017, in Instrument Number 2017-118654, Real Property Records,Denton County,Texas. 18. Title to all coal, lignite, oil, gas and other minerals in, under and that may be produced from the.land,together with rights, privileges and immunities relating thereto, all of such interest,to the extent not previously reserved or conveyed, being reserved or conveyed in Special Warr-anty Deed r rded August 7, 2014,recorded in Instrument Nuirther 2014- 79019, Real Property Records,Denton County,Texas, 19. Easement granted to Eras Electric Power Cooperative, Inc.,recorded August 26, 1988, in Volume 2442, Page 239 and recorded September 30, 1988, recorded in Volume 2460, Page 436, Real Property Records,Denton County,Texas. 2 2M59201A 500%022.04 20. Easement meted by 156 alliance Partners, Ltd, to gouthwestesn Gas Pipeline, Inc., recorded October 24, 2001, in "Volume 4950,Page 1329,Real Property Records, Denton County, Texas, as affected by Amendment to Right of Way Agreement reoorded August 31,2017,recorded in Instrument Number 2017-107933, Official Public R*ords, Denton County,Texas, 21, Easement granted by 156 Alliance Farmers, La to Southwestern Gas Pipeline, Inc., recorded November 16, 2001, in Volume 4966, Page 1261, Real Property Records, Denton County, Texas, as affected by the Amendment to Right of Way Agmanent recorded August 31, 2017, recorded in Instument Number 2017.1 OM4,Official Public Records,Denton County,Texas. 22. Easement granted by M.T, Cole Trust #2 and M.T. Cale Trust #3 to Southwestern Gas Pipeline, Inc., recorded April 1, 2013, recorded in Volurne 5302, Page 4882, Real Property Records,Denton County,Texas. 23. Meter Site Easement Agreement, warded September 22, 2006, recorded in. Instrument Number 2006-117677, Real Property Records, Denton County, Texas, as affected by Amendment to Meter Site Easement Agreement recorded ,August 31, 2017, recorded in Instrument Number 2017-107946,Official Public Records,Denton County,Texas and by Amendment to Meter Site Easement Agreement recorded August 31, 2017, recorded in Instrument Number 2017-107945, Official Public Records,Denton County,Texas. 24, Mineral estate and interest in coal, lignite, oil, gas and other minerals together with all rights,privileges and immunities thereto described in Contribution Deed recorded August 25, 2009, recorded in lnstrumerrt Number 2009-102749, Real Property Records, Denton County,Texas, 25. Pipeline Easement Agreement, recorded February 9, 2009, recorded in Instrument Number 2009-14.36 , Real Property Records, Denton County, Texas, corrected by Correction to Pipeline Easement Agmcment recorded October 2, 2009, recorded in Instrument Number 2009-117218,Real Property Records,Denton County,Texas, 26. Title to all coal, lignite, oil, gas and other minerals in, under and that :may be produced from the land, together with rights,privileges and inanities relating thereto, all of such interest, to the extent not previously reserved or conveyed, being reserved or conveyed in Special Warranty Deed recorded August 7, 2014, recorded in Instrument Nwnix'r 2014- 78881, Real Property Records,Denton County, Texas, 27, Easements awarded in Agreed Judgement; rendered under Benton County at Law No. 3, Cause No, CV 93-00033-C, a certified copy of which is rexcorded April 12, 1993, recorded in Instrument Number 93 R0021055, Real Property Records, Denton County, Texas. 29. Memorandum of Caption Agreement, recorded May 25, 1995, ,recorded in Inmvment Number 95-R0030161,Real Property Records,Denton County,Texas. 29. Mineral lease, together with all rights, privileges and immunities incident thereto, to Mitchell Energy Corporation from M.T. Cole Trust#1, et al, desscriW in Gil, Gas and Mineral Lase recorded November 2, 1988, in Volume 2479, Page 441, Real Property Records,Denton County,Texas, as affected by instr mnents recorded January 24; 1991,in 3 26459201A 50060022M Volume 2916, Page 290; recorded November 18, 1991, in Volume 3102, Page 564; recorded August 25, 1995, in Instrument Number 95-R0052261; recorded March 7,2000, in Volume 4541, Page 1607; recorded August 9, 2005, in instrument Nurnber 2005- 98080 and recorded June 12, 2008, in Instrument Number 2008-64547, Real Property Records, Denton County, Texas, as affected by Partial Release recorded May 5, 2008, recorded in Instrument Dumber 200848436, Real Property Records, Denton. County, Texas, as affected by Surf= Use Agreement recorded September 26, 2017, in Instrument Number 2017-118653,Real Property Records,Denton County,Texas, 30. Mineral lease, together with all rights privileges, immunities and easements incident thereto, to Mitchell Energy Corporation from 156 Alliance Payers, Ltd. described in Memorandum of Oil, Gras and Mineral Lease recorded November 12, 1999, in Volume 4466, Page 1504, Real Property Records, Denton County, Texas, as affected by instruments recorded April 12, 2001, recorded in 'Volume 4815, Page 2615; recorded February 2, 2000, in 'Volume 4518, Page 275; recorded November 19, 2003, in Instrument Number 2003-189499; recorded April 28, 2004, in Instrument Number 2004- 53748 and recorded July 18, 2011, recorded in lust-ument Num ,er 201I- 5744, Real Property Records, Denton County, Texas, as affected by Sudace Use Arent worded September 26, 2017, in Instrument Number 2017-118653 and in finuument Number 2017-1 18654,Real Property Records,Benton County,Teixas. 31, Easement granted by Avigativn Easement McKelvey-Cole L.P., to the City of Port Worth, recorded August 29, 2014, recorded in Instrument Number 2014-87915, Real Property Records,Denton County,Texas, 32. City of Fort Worth Ordinance No. 21377-2014 recorded August 29, 2014, recorded in hustmment Number D214189739,Real Property Records,Tarrant County,Texts, 33. Easement awarded by Agreed Judgment to Oncor Electric Delivery Company LLC, Condexno,aiwi Pr hags UH&L' Cause No. PR-2015-00723, Probate Court of Mon County, Texas„ Certified Copy of Judgment recorded May 22, 2017, recorded in Instrument Number 2017-59688,Real Property Records,Denton County,Tee. 34. City of Font Worth Padsite Notice recorded May 25, 2017, recorded in Instrument Nwnber 2017 61312, Instrument Number 2017-61313 and hutrument Number 2017- 61317, Real Property Records,Denton County,Texas, 35. All matters shown on the Survey prepared by Michael J. Baitup,RPLS#4574,dated,Tune 26, 2017, last revised March 5, 2018, including, but not limited to rights of third parties as to the gravel roads and the pond locaW out the property. 36. Grant of Aocess Rights from McKelvey - Cole SFR LP to Devon .Energy Production Company, L.P, recorded September 26, 2017, in Ir3struuneut Number 2017-118651,Real Property Records,Trenton County,Texas. 37. Chant of Access Rights from Sinn Bower Mead et al,Trustees ofM.T. Cole Trusts No. 2 and 3 to Devon Energy Production Company, L.P. r rded September 26, 2017, recorded in Instrument Number 2017-118652, Real Property Records, Denton County, Texas. 4 zWnoM 50W.OU.04 For£ostar -CDSA heal Estate Group Inc. Certificate of Assistant Secretary I, Matthew S. Stark, hereby certify that I ern the duly elected, qualified, and acting Assistant Secretaty of Forestar (USA) Real Estate Group Inc., a Delaware corporation (the ®Corporation'), and that, as such, I have access to its corporate records and am familiar with the matters herein certified, and I am authorized to execute and deliver this Certificate in the name and on behalf of the Corporation. I hereby certify as follows: 1, Co!PgLat-e 13mlution Authorizing Officer . Attached as Exhibit A is a true and correct copy of the corporate resolutions duly adopted by the Board of Directors of the Corporation as of May 12, 2015, authorizing certain officers of the Corporation to execute and deliver any and all documents and agreements necessary for the Corporation to conduct real estate transactions, and such resolution has not been revoked, modified, amended, or rescinded and is still in full force and effect as of the date hereof. 2. nr °rat r. The following individuals, on the date hereof, are duly elected, qualified, and acting officers of the Corporation holding the office set forth opposite his name, with authority to execute for the Corporaton the documents that have been executed by him to otherwise act for, and on behalf of, the Corporation: Marne Title Thomas H. Burleson Executive Mice PTF.,sident -- Raril Estate,West Region IN WITNESS WHEREOF, I have executed this certificate as of this 141h day of April, 2016. Forestar(USA) Deal Estate Group Irm. I ttl7e SEark, Assistant Secrotary Exhibit A Resolutions Pertaining to Signing Authority Adopted by the Board of Directors of Forestar (USA) Real Estate Group Inc- May 12, 2015 qENtRAL6YTtJ0fL17 RESOLVED, that the duly elected officers of the Corporation are hereby authorized and empowered acting alone and for and on behalf of the Corporation, to execute contracts, agreements and other documents reasonable or necessary to the operation of the business of the Corporation either on behalf of the Corporation or of any entity in which the Corporation is an owner, partner, manager, member or other investor with management authority, including without limitation, deposit agreements, indemnification agreements, and agreements for electronic and Wire transfers. AUTHORITY FOR REAL ESTATE TRANSAC'"ONS RESOWED, that the duly elected officers of the Corporation are hereby authorized and empowered acting alone and for and on behalf of the Corporation, to execute documents on behalf of the Corporation described here as follows: 1. Contracts to acquire or sell property, contracts or agreements for development services or supplies for the development of the property of the Corporation or to evaluate a property for possible acquisition by the Corporation, concerning property of the Corporation wherever located; 2. Plats, easement dedications and similar documents which are executed in the ordinary course of the development of property owned by the Corporation or a Joint venture, limited liability company, partnership or other entity in which the Corporation is an owner, partner, manager, member or other investor with management authority; 3. Deeds of sale of platted lots and tracts of unplatted property out of project--- of the Corporation wherever located, and deeds for the sale of land wherever located; 4. Joint venture, limited liability company, and partnership agreements for development of projects in which the Corporation Is an owner, partner, manager, member or other investor; 5. Contracts or agreements for management, renovation and repair services or supplies for the operation of the property of the Corporation or joint ventures, partnerships or other entities in which it is an owner, partner, manager, member or other investor with management authority; 6. Other documents reasonable or necessary to real estate purchase, sale and development activities, including but not limited to contracts for the purchase and sale of assets, contracts for services, deeds, bills of sale, affidavits, settlement statements, assignments, leases, either on behalf of the Corporation or of any entity in which the Corporation is an owner, partner, manager, member or other investor with management authority. THIS GOCU141714T IS 11OT A"OEMCATORY[USTRUMENT'OF THE SUDDIVISIoN, AND WILL HOT SE RECORDED 10 ME COUNN RECORDS. STATEMENT OF OFFICFRS I& DIRECTORS OF TRAILS OFl-A.T7AnF-Tfl CREEK HOMEOWNERS ASSOCIATION This document states the names, addresses, and titles of the current directors of Trails of Elizabeth Creek Homeowners Association,the Texas property owners association which administers the development known as Trails of Elizabeth Creek in the City of Fort Worth, Texas (Denton County): Director's Name: Kevin Lazares Directoes Address: 2221 E Omar Blvd, Suite 790, Arlington, Texas 76006 Director's Office., President Director's Name: Matt Johnson Director's Address: 2221 E Lamar Blvd, Suite 790, Arlington, Texas 76006 Director's Office: Vice President Director's Name: Benjamin M, Clark Director's Address: 6751 North Freeway, Fort Worth, Texas 76131 Director's Office: Secretary & Treasurer Signed on the date stated in the acknowledgment below. TRAILS OF ELIZA191FTH CRF-F-K HOMVOWNERS ASSOCIATION,a Texas property owners association BY' Benjamin M. Clark, Secretary THE STATE OF TEXAS COUNTY OF TARRANT § This instrument was acknowledged before me on this day of May 2019 by Benjamin M. Clark, Secretary of Trails of Elizabeth Creek Homeowners Association, a Texas property owners association,on behalf of the association. AQ Notary Public,The Sfate of Texas 7 Xmia$Wn my comm"M alom. ,>.+,a�.vxa.x®.m rnx.Eww.wr!rn»xaw!aw+vrarmx rfl s�w�..+aw � � i+ f Y t t E f 1 t♦f E �y"p`� a +x JT j E e F1 w" R A.fr Y — ' J � _ i r _. IF sl.aff €T E1 Y+iY '�L Tr 9 . ■ till t 1 I ^•�} .. I �r• d�YJ �� 1! is+>#° � itar •� fr Y Y Y + r Y F +* L .f I iYY 1 lTrt � A li y i 44444ggqqqrn {{{ ! i I �" IONJA kill' ^ ` $ '4- — L i L• ��• � 1 ff+ !fir �1 P i 17 PO tit 41 � �..! .8 •� + 3 '71''�� },� f}( F�r*fFi�+ i t 1 P I -i{5 iI yf ' if �� � �I � / .t=1 • t t, �+ Y��+'�•• } i ��}!!�}�F 9H { � � 4 �� +!•� f k ' " •� r ' � ! 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