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HomeMy WebLinkAboutContract 53844 Apr 27, 2020 CSC NO. 53844 4-21 'pm DOE# STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of Apd�1-13 , 2020 , by and between Churchill at Golden Triangle Community. L.P.. a Texas limited partnership, acting by and through Brad Forslund , hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as"City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately _5.281 acre tract located in the W. McCowen Survey, Abstract 999 , Tarrant County, Texas according to the deed recorded in Volume —193-, Page 621 , Deed Records, Tarrant County, Texas,hereinafter called the "Property". according to the Site Plan/Subdivision Plan known as Churchill at Golden Triangle_ hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11 H 7/2016 482S-6s99-06a7.v1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Landowner, its successors and assigns, the location and dimensions of which are shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and NOW, THEREFORE inconsideration of the foregoing -premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner, its successors and assigns, shall adequately construct and maintain the on-site Stormwater Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit `B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Stormwater Facility includes all pipes, channels or other conveyances built to convey Stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City reasonably deems necessary. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 4825-6899-0647.v1 The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, its successors and assigns, fails to-maintain the Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property upon ten (10) days' advance written notice to the Landowner and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty(30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. However, such lien is hereby made subordinate to any lien securing construction and/or permanent financing as it pertains to the construction, development and/or operation of the Property. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 4825-6899-0647.v1 ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 4825-6899-0647.v1 [SIGNATURE PAGE FOLLOWS] Executed this _L'day of 2020. Landowner CHURCHILL AT GOLDEN TRIANGLE COMMUNITY,L.P„ a Texas limited partnership By: Churchill Golden Triangle Community GP,LLC, a Texas limited liability company,its General Partner By: LifeNet Community Behavioral Healthcare, a Texas nonprofit corporation, its Sole Member By: G ty x p,P•esident City of Fort Worth LL Dana Burghdoff( r 23,20 Assistant ity Manager Approved as to Form and Legality C�2�/ftGl � LD,F�21��2�1`IOG�f Christa R.Lopez-Reynold (Apr 23,2020) _ Assistant City Attorney FATTEST ity Secretary STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 „ 4825-6899-0647.v1 �pTY'SECRETARY" FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Apr 27, 2020 by ,�.�ntC�,,��f1t,pF Assistant City Manager of the City;ofFort Worth, on behalf of the City of Fort Worth. LAU RI E Digitally signed by LAURIE PEQUENO LEWIS P E Q U E N O L E W I S Date:2020.04.27 14:58:46-05'00' Notary Public, State of Texas J�Q�o oLoo a STATE OF TEXAS § a W- F. F—§ Q NZU COUNTY OF DALLAS § m .s O� efore me, the undersigned authority on this day of 2020, personally appeared Gary Keep, President of LifeNeT Community Behavorial Healthcare, a Texas nonprofit corporation, as Sole Member of Churchill Golden Triangle Community GP, LLC, a Texas limited liability company, as the General Partner of CHURCHILL AT GOLDEN TRIANGLE COMMUNITY, L.P., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of the limited partnership and that he executed the same as its President of the Sole Member of its General Partner and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instrument. VIA I ii/ << '% Notary Public, State�of Texas 61 D _ 7 - :�O F OF i j��`t04-0 7112Z? 110 i STORMWATER FACILITY MAINTENANCE AGREEMENT F EJ (JL1G'\ �y � Rev.11/17/2016 4825-6899-0647.v1 •T'v EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 4825-6899-0647.v1 EXHIBIT W PRIVATE DRAINAGE EASEMENT PART OF LOT 4, BLOCK 2 MORIAH AT TIMBERLAND ADDITION CITY OF FORT WORTH, TARRANT COUNTY,TEXAS Being a 8,285 square foot tract of land, situated in the City of Fort Worth, Tarrant County, Texas, and being a part of Lot 4, Block 2, of MORIAH AT TIMBERLAND ADDITION, an addition to the City of Fort Worth, as recorded under Instrument No. D217204252, of the Official Public Records, Tarrant County, Texas (O.P.R.T,C.T,), said tract being more particularly described as follows: COMMENCING at an "X" cut in concrete found for the northwesterly corner of said Lot 4, some being in the southerly line of Lot 2R, Block 2, of said addition, said corner also being the northeasterly corner of Lot 3R, Block 2, of MORIAH AT TIMBERLAND ADDITION, an addition to the City of Fort Worth, as recorded under Instrument No. D218084890, O.P.R.T.C.T.; THENCE South 00'37'22" East, along the common line between said Lot 4 and Lot 3R, a distance of 35.50' to the POINT OF BEGINNING of the herein described tract; THENCE continuing over and across said Lot 4, the following courses and distances: North 89'36'07" East, a distance of 3.71' to a point for corner; North 00'23'53" West, a distance of 16.90' to a point for corner; North 89'36'07" East, a distance of 81.16' to a point for corner, at the beginning of a curve to the right, having a radius of 20.00', a central angle of 90'00'00", and a chord which bears, South 45'23'53" East, a chord distance of 28.28'; Thence along said curve to the right, in a southeasterly direction, an arc length of 31.42' to a point for corner at the end of said curve; South 00'23'53" East, a distance of 62.21' to a point for corner; South 89'36'07" West, a distance of 101.16' to a point for corner; North 00'23'53" West, a distance of 50.31' to a point for corner; South 89'36'07" West, a distance of 3.65' to a point for corner in the aforementioned common line between said Lot 4 and Lot 3R; THENCE North 00'37'22" West, a distance of 15.00' to the POINT OF BEGINNING and containing 8,285 square feet or 0.190 acres of land, more or less. **Bearings are based on the herein described subject plat** ABBREVIATIONS I.R.F. = Iron Rod Found 'S1T ER��y (C.M.) = Controlling Monument C.I.R.F. = Capped Iron Rod Found MICHAELNB:..ARTHUR M.R.T.C.T. = Map Records, Tarrant County, Texas I � �,0 5686 I A '..E S S I D.R.T.C.T. = Deed Records, Tarrant County, Texas O.P.R.T.C.T. = Official Public Records, Tarrant County, Texas DATE: 03/10/2020 PRIVATE DRAIldAGE EASEMENT North Texas Surveying, L.L.C. SHEET NO.: 1 OF 2 PART OF LOT 4,BLOCK 2 Registered Professional Land Surveyors SCALE: 1" = 50' MORIAHAT 1010 West University Drive TIMBERLAND ADDITION McKinney, Tx. 75069 CHK'D. BY: M.B.A. CITY OF FORT WORTH, Ph. (469) 424-2074 Fax: (469) 424-1997 TARRANT COUNTY TEXAS Firm Re rthte Lion o. 10 . 420 JOB NO.: 2016-0011 ' Firm Registration No. 10074200 EXHIBIT"B" 'r FND. (C. ) NOO'23'40"W I LOT 1,BLOCK 2 294'00, MORIAH AT \ LOT 2R,BLOCK 2 TIMBERLAND ADDITION INSTRUMENT NO. MORIAH AT D200331585, — —I TIMBERLAND ADDITION O.P.R.T.C.T. I I INSTRUMENT NO. D217204252, rt— O.P.R.T.C.T. so'PERPETUAL 10'UTILITY EASEMENT 20 SANITARY POINT OF ACCESS EASEMENT INSTRUMENT NO. INSTRUMENT NO. D209331585 SEWER EASEMENT I 'j I ( /'r OMMENCING D210012041, O.P.R.T.C.T. INSTRUMENT NO. W O.P.R.T.C.T. D20MIN5, f O.P.R.T.C.T. / e - - - - - � FBI - - - - - - - - - - - - - - - - - - - - - - - -- ------- I� ——— 29.10 ND. C.M.) _ _ _ _ N89036'07"E _ 329.39' ,rr I.R.F. 1 9'3B'07V 2s6.75' S0003722"E 35.50' (C,M.) SANITARYSEWEREASEMENr — `�N89°36'07"E 81.16 — — — — — — — — — — — — — — INSTRUMENT NO, Radius=20.00' D217204252,O.P.R.T.C.T. — — — — — — —— — — — N00°23'53"W 16.90' Arc Length=31.42' POINT OF _ N89°36'07"E 3.71' Delta=90000'00" BEGINNING M Chrd. Bmg.=S45°23'53"E 16PRIVATE c") - 1n Chord=28.28' DRAINGE EASEMENT o n Ice) M I N N INSTRUMENT NO. NOO 37 22 W I Ly 0 (O (O D2172o4252, 1 5.00, ! p O O O.P.R.T.C.T. I I O I S89°36'07'W 3.65' �Z————————— S89°36'07"W 101.16' PRIVATE DRAINAGE EASEMENT 8,285 SO.FT. 0.190 ACRES I LOT 3R,BLOCK 2 I LOT 4,BLOCK 2 MORIAH AT I MORIAH AT TIMBERLAND ADDITION TIMBERLAND ADDITION INSTRUMENT NO. INSTRUMENT NO. ( D218084890, D21720 O.P.R.T.C.T. O.P.R.T.C.T. I I N00°37'22"W I�648.55' GRAPHIC SCALE so 0 50 1 inch = 50 ft. DATE: 03/10/2020 PRIVATE DRAINAGE EASEMENT North Texas Surveying, L.L.C. SHEET NO.: 2 OF 2 PART OF LOT 4,BLOCK 2 Registered Professional Land Surveyors SCALE: 1" = 50' MORiAHAT 1010 West University Drive TIMBERLAND ADDITION McKinney, Tx. 75069 CHK'D. BY: M.B.A. CITY OF FORT WORTH, Ph. (469) 424-2074 Fax: (469) 424-1997 IARRAN,I COUNTY TEXAS, www.northtexassurveying.com JOB NO.: 2016-0011 Firm Registration No. 10074200 EXHIBIT "B" INSERT DETENTION POND PLAN STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 4825-6899-0647.v1 y ,,. ' , ,�q Q���4'�-'teR'�4�•Qe >'eP- �pa�e..s'� Sele4eR R�+S� ��������������� ��� ������� Is all �� le :GoL uo■o.•• � �-1■Liii•oomi-- L r � �r-■aoou.i000lLaoa■�y � `1J.L LoaoL�a�-� L i mw :� 9L' IIIIIIIII .�.� ,i+ill ` • -- ML �.�.. aLO i i•V-.Jt-OLL-L� - --L�LRL�L Mib CHURCHILL AT GOLDEN TRIANGLE PREPA Epp C: AREA • CHURCHILL ® „ : == RESIDENTIAL 0 �m f f I f f I , I ---------------------------- : f f ? PRIVATE ROAD 'jam------i�-------- -------- -- =-:-�_ _' __ ____ .. _. —_ _ _ ___ _ _may ___ ______ I � � z I ^mot •� �- f r t -4 � ME - � v' Z �, - F`- - o — � • f�^w'GZi� f mow i t' ti. `E lik f I ' t J< � t — `.o- — ---------------�`irlirrrrrrrrr�rr�ri������ MATCH LINE SHEET LP 1.01 6 HIM � € CHURCHILLAT °° E ' Kimle >Horn GOLDEN TRIANGLE `$ °. v PLANTING PLAN PREPARED FOR 1 Y>� ws ao 90 uvuasvnE rmw o g CHURCHILL SENIOR Faa>•w�mr RESIDENTIAL TExns MATCH LINE SHEET LP 1.00 El: rn 2_ F If c- m W Apt 3 --T—FT-T I . . . . . . . . . . . ................. ............ mi WA If ----------- —--—--—--—--—--—-- PRIVATE ROAD —7 TT ——------------ -------- El El Or ecbo All > mi ;v1pi so CHURCHILLAT -09 GOLDEN TRIANGLE Kimlev*Horn E PLANTING PLAN -7 PREPARED FOR CHURCHILL SENIOR je Tv RESIDENTIAL TEXAS °y L fee S777 - _ A € IM. H n me niz.9 V; � a 5 pit I mill PEE s Aa ��=g$o 5s S � +xg FEE S a £ D 3 oae6 �e� s; � CHURCHILL AT GOLDEN TRIANGLE Klmle >>)Horn w PLANTING DETAILS PREPARED FOR o CHURCHILL SENIOR FORrxacn� RESIDENTIAL rexAs - wre E w l �?, 1 0 HIM M idi 9 E'l 4 I y vu 65 if 1. a) M, cn it It cn m U r CHURCHILL AT GOLDEN TRIANGLE KimlevoHorn PLANTING NOTES& PREPARED FOR SCHEDULE CHURCHILL SENIOR FORTVMTH RESIDENTIAL WE BY ° awn3n v® w sysaz IVIINMISM luaon'uo' _ d NOMSIIIHounHO Ned LO o and aeavd3Hd UJOHO<AictwiN - 3IJNVINiN30109 4NOd NOUN313cl 1N IIIHoanHO ruR1H `� 14 a ;939 s �CC� $ gia�a••�9 ���i��$��d � c� totyiE e3�e E�LFiyEM eR2�� k e5 3'o ° €=aE g p o INIM Y0P I j40 o6u yip � Nb � Z~vr N W o w m Goo Fqqa;-a m y= m�ox FFlee5e9 jI $ Fn„ � mp0y ,-De5 tl — K g b � OOU �Fwi o— z��z ^o o Stz n _ ___________ 10�3 ll- m o yy 22y}y i I ¢ I 1 E@ F t F K I r o� e m 1 >w W mmo a �a • l i d� ,� i � �a� m o 1 I I Z T` Its Z IQ w o V, p I I n Fi O ® d - < O V I Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN 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 other 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 and grades 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 WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 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 mowed 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, mowing, 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 party or parties signing the attached Agreement and shall be provided to the City upon request. STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.11/17/2016 4825-6899-0647.v1 Exhibit "D" Stormwater Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation s stem operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Pond Amount of silt in and Amount of silt in flume Amount of ponded water ve etation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip - Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.11/17/2016 4825-6899-0647.v1 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT 11 Rev.11/17/2016 4825-6899-0647.v1 L u o �, Q 05 N N C C O O- a) co N c Q z ca d 3 v ro O Z O O N N N N N N N N N N N N N 0 I c c c c c c c c c c c c c c c P° F °' m a) a) a) a) m a) a) a) 0) m a) a) a) a) Z Q E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E H w o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U U U U U U U U U U U U U U U 0 ro I I I I I I I I I I I I I W LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J ) z z z z z z z z z z z z z z z 0000 � Q 0 x LL �. V F- N N a U) fl O Q LL J Cl. U C N C C O G � _ c U a) V a) ° .r > p E O N .Q a N Z i N co �`E' 7 C'' coO N 0 0� C: c o c > O N > a ° 0 v-. a) N 0 CI- 'a) N O ° C V d N N 0 N m .0 V `� a) a) C N C (J C 0) a) z U N � t � � 0 Y E 0 80 0 0 c ° in I = C.. -0 N o 3 N m a) E ° o E i N 0 �o d 0 c m E c >, 40) o .c v m 0 c 5 c m N �' c t a) v a) :r- N a) c 2 6 3 a� 46 ° a�°i 3 � E c a) ro 41 L c N 0 iri Q aEi .c0 a� c0i o Q. ro _ ° o c w E p c 0 0 0 'D o ° co c t Q- 0 — c °° CK t; �°It! N ° .S .� ,� ,4 a) c M 0 0 N � io 0 m w Q v N N N a) 0 N m 0 U ( � O N C a N N C N N •O YC � 0) a) N TO a) L _Q O O W [r z O C C a) N N (j c t > T, 4, ? Q Q w _ IL w°. a Qa41 r �a N Na} cm oo � oa O N Q- N p r Rf U LL m m •: N M 4 Lo (O h 00 6 �- (1) cV M d (n G. 1 ' EXHIBIT"B" SPECIAL WARRANTY DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT TRIANGLE 1-35 REALTY, LTD., a Texas limited partnership (the"Grantor"), for and in consideration of the sum of Teri and No/100 Dollars ($10.00)cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,paid by (the"Grantee"), subject to the provisions set forth herein, HAS GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all of that certain tract or tracts of land(the"Land")described on Exhibit"A"which is attached hereto and incorporated herein by reference for all purposes, together with all of Grantor's right, title and interest in and to any improvements located thereon and any easements,interests, benefits,privileges, rights and appurtenances pertaining to such Land (said Land, improvements, easements, interests, benefits, privileges, rights and appurtenances being herein collectively referred to as the"Pro a '). This conveyance is made subject to the those items of record set forth on Exhibit"B"attached hereto and incorporated herein by this reference for alJ purposes (the `Permitted Exceptions"), to the extent they are validly existing and applicable to the Property, TO HAVE AND TO HOLD the Property unto Grantee, and Grantee's successors and assigns forever, and Grantor does hereby bind 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 subject,however,to the Permitted Exceptions. [Signature pages follow] EXHIBIT"B",Special Warranty Deed—Page 1 EXECUTED this day of _ __ _ ,20^ GRANTOR: TRIANGLE I-35 REALTY,LTD,, a Texas limited partnership, By: Western Green Oaks Corporation, a Texas corporation, its general partner By: Name: Tide: STATE OF TEXAS § COUNTY OF § This instrument was ACKNOWLEDGED before me on 20 by __ the _ of Western Green Oaks Corporation,a Texas corporation,the general partner of TRIANGLE I-35 REALTY,LTD.,a Texas limited partnership,on behalf of said limited partnership. Notary Public-State of Texas [S E A L] My Commission Expires: Printed Name of Notary Public After Recordine Return To: Grantee's Address For Notice Purposes: EXHIBIT`B",Special Warranty Deed—Page 2