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HomeMy WebLinkAboutContract 56730 Date Received: 11/29/2021 Permit No.: SWFMA-21-0059 Time Received: 10:36 am City Secretary No.: 56730 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 19th day of Nov. 2021 by and between D.R. Horton-Texas, LTD, acting by and through Benjamin Clark, 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 27.425-acre tract located in the James W. Oxford Survey, Abstract 1201, Tarrant County, Texas according to the deed recorded in Instrument Number D221003232 Deed Records, Tarrant County, Texas, hereinafter called the `'Property" as depicted in Exhibit E. WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Westpoint Crossing 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 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and NOW, THEREFORE, in consideration 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 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 deems necessary. 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 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 Landowncr'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. 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 ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE 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 TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 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 [SIGNATURE PAGE FOLLOWS] Executed this 19th day of November 20 21 CITY: LANDOWNER: DJDJ Ha�202115:03 CST) DJ Harrell, Development Services Director D.R. Horton-Texas, LTD., City of Fort Worth a Texas Limited Partnership By:D.R. Horton. Inc., a Delaware Nov 19, 2021 Corporation, Its Authorized Agent Date: Benjamin Clark, Asst. Vice President Date: Approved as to Form and Legality: �� R. La=- Christa R.Lopez-Reynolds(Nov 19,2021 11:18 CST) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: Nov 19, 2021 1�l FORT�Oa�d ATTEST: 0 00000 �Oo C Contract Compliance Manager: � 000*� By signing 1 acknowledge that 1 am the EX Aoap Secretary,City of Fort 101 Ronald P. Gonzales, Acting City person responsible a���ad4� p for the monitoring and administration of Date: Nov 25,2021 this contract, including ensuring all performance and reporting requirements. Evelyn Roberts on behalfofyn Roberts ors behalfof Evelyn Roberts on behalf of(Nov 19,202111:19 CST) Janie S. Morales, Planning Manager Development Services STORMWATER FACILITY MAINTENANCE AGREEMENT Nov 19, 2021 Rev.11/1712016 Date: OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on November 19, 2021 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Bichson Digitally signed by BICH SON THI NGUYEN Bichson Nguyen 1�9 Notary Public Nguyen Date:2021.11.2414:59:36 STATE OF TEXAS -06'00' Notary I.D. 133389224 Notary Public, State of Texas My Comm.Exp.Oct. 13,2025 STATE OF TEXAS § COUNTY OF TARRANT § Before{,,2 me, the undersigned authority on this day of V V m W . 20 U personally appeared V V V1 known to me to be the person who e name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of C� -V f-01A , and that he executed the same as its and as the act of such 011,1404fW and for the purposes and consideration e pressed in the foregoing instrument. �Y. .. j $, Katie Sabin MyGommissMExpires Notary Public, State of Texas A 11/2712022 10 No 1 300 23 223 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STQRMWATER FACILITY MAINTENANCE AGREEMENT Rev.1111712D18 SHIELD Page ENGINEERING GROUP Westpoint Crossing SWMFA Exhibits Table of Contents EXHIBITA...................................................................................................................................................2 EXHIBITB...................................................................................................................................................6 EXHIBITC..................................................................................................................................................12 EXHIBITD..................................................................................................................................... 14 1600 W. 7th Street, Suite 400, Fort Worth, Texas 76102 1 8 17.8 10.0696 Shield Engineering Group, PLLC info@segpllc.com I www.SHIELDENGINEERINGGROUP.com TBPE FIRM #F-1 1039 1 TBPLS FIRM #10193890 SHIELD Paget ENGINEERING GROUP EXHIBIT A 1600 W. 7th Street, Suite 400, Fort Worth, Texas 76102 1817.810.0696 Shield Engineering Group, PLLC info@segpllc.com I www.SHIELDENGINEERINGGROUP.com TBPE FIRM #F-1 1039 1 TBPLS FIRM #10193890 EXHIBIT fA " STORM WA TER MA IATENAAUEFACIIITYARE, 33,395SQFTOR o.767ACRESOFLAND B.B.B. &C.R.R. COMPANYS&W VEY,ARSTRACT219 CITYOF FOR T WORTH, TARRANT COIlNTYTENAS ROTHVILLE �8X � 27 LANE a .��� �, �� 0 Q26 6 / L 12 o � N 1.32 ACRES N A D.R.HORTON - TEXAS, LTD © A TEXAS o 8X LIMITED PARTNERSHIP w \ D.R.HORTON - TEXAS, LTD CC # D221003236 42" IRF \ B A TEXAS LIMITED PARTNERSHIP 1/2" IRF- In 023" \'9 CC # D221 003232 4023 N 89'49'52"E 125.81' \ \ �$ O.P.R.C.T.0 POINT OF p \ \ STORMWATER FACILITY BEGINNING w \ \ L7 o \ \ <6 MAINTENANCE AREA z \ \ ,33395 SQUARE FEET a < \ \ \ OR 0.767 ACRES 8X C DENTENTION POND/DRAINAGE o \\ a0i \ \ \ F- \ \ \ w \ \ \ \ \ \ cn LEGEND: \ \ \ \ \ \ w \ \ POE POINT OF BEGINNING \ \ \ \ cn \ \\ \ \ Z POC POINT OF COMMENCING \ \ \ \ Of IRF IRON ROD FOUND \ \ \ \ \ p \ \ CM CONTROLLING MONUMENT \ \ NOTES: \ \ 1. LEGAL DESCRIPTION OF EVEN DATE \ \ \ \ \ Of ACCOMPANIES THIS EASEMENT DRAWING. 0 60 120 \ 2. BEARINGS REFERENCED TO THE TEXAS Of STATE PLANE COORDINATE SYSTEM, d NORTH CENTRAL ZONE, NAD '83. O F, TF 00 GRAPHIC SCALE IN FEET �P�G�STEpF9P ..................... ROBERT P. ALLEN ................... qp 6495 P� ^ <-7 �FESS �?y0 SHIELD �1r �'� s�Rv� i ENGINEERING GROUP U) ROBERT P.ALLEN z R.P.L.S. No.6495 TBPE FIRM#F-11039 • TBPLS FIRM#10193890 DATED:08-04-2021 SHEET 1 OF 3 0 1600 West 7th Street,Suite 200,Fort Worth,TX 76102 • 817.810.0696 EXHIBIT fA " STORM WATER MA IATENANCEFACIIITYARE, 33,395SQFTOR o.767ACRESOFLAND B.B.B. &C.R.R. COMPANYSURVEY,ABSTRACT219 CITYOF FOR T WORTH, TARRANT COIlNTYTENAS LINE TABLE CURVE TABLE LINE# BEARING LENGTH CURVE# LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH L1 S29°38'15"E 96.74' Cl 67.12' 3935.00' 0°58'38" N64°58'57"W 67.12' 0 L2 S38°16'24"W 81.08' C2 108.70' 3935.00' 1°34'58" N62°36'46"W 108.69' m L3 N26°46'41"E 18.35' 0 Li L4 N61°54'09"W 45.77' 0 L5 s26°21'11°w 20.01' 20 CITY OF FORT WORTH L6 N61°49'18°w 20.00' WATERLINE EASEMENT J o L7 N19°16'24"E 20.49' VOL. 6125, PG. 592 0.P.R.T C.T. r L8 N86°50'45"E 28.67' m o L9 N65°20'19"E 71.79' w a L10 N38°35'04"E 76.58' n 20' TEXAS MIDSTREAM EASEMENT L11 N60°02'07"E 31.78' INST. NO. D210205226 Q L12 N32°51'41"E 11.79' 0.P.R.T.C.T. L13 S29°38'15"E 125.93' w 0 C TEXAS MIDSTREAM U) EASEMENT VALVE SITE W INST. NO. D2091.39326 N 0.P.R.T C.T. w z 0 0 NOTES: 1. LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS EASEMENT DRAWING. w 2. BEARINGS REFERENCED TO THE TEXAS < STATE PLANE COORDINATE SYSTEM, d NORTH CENTRAL ZONE, NAD '83. OF• TF o �P �STF9 °° �•�F,G � RFo.S 0 ROBERT P. ALLEN ............... qp 6495 P� ,'' � F -7 � ESS �?y0 SHIELD � r "� sU' 0 i ENGINEERING GROUP U) ROBERT P.ALLEN z R.P.L.S. No.6495 TBPE FIRM#F-11039 - TBPLS FIRM#10193890 DATED:08-04-2021 SHEET 2 OF 3 0 1600 West 7th Street,Suite 200,Fort Worth,TX 76102 - 817.810.0696 EXHIBIT fA " STORM WATER MA IATENANCEFACIIITYARE, 33,395SQFTOR o.767ACRESOFLAND B.B.B. &C.R.R. COMPANYS&W VEY,ARSTRACT219 CITYOF FOR T WORTH, TARRANT COIlNTYTENAS BEING A TRACT OF LAND SITUATED IN THE B.B.B.&C.R.R.CO.SURVEY,ABSTRACT NUMBER 216,CITY OF FORT WORTH,TARRANT COUNTY, TEXAS,AND BEING A PORTION OF A CERTAIN TRACT OF LAND DESCRIBED BY DEED TO D.R.HORTON-TEXAS, LTD.,A TEXAS LIMITED PARTNERSHIP AND RECORDED IN COUNTY CLERK'S FILE NO. (CC#) D221003232,OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS, (OPRTCT)AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2-INCH CAPPED IRON ROD MARKED"4023" FOUND FOR THE SOUTHWEST CORNER OF A CERTAIN CALLED 1.32 ACRE N TRACT OF LAND AS DESCRIBED BY DEED TO D.R. HORTON-TEXAS LTD.,A TEXAS LIMITED PARTNERSHIP AND RECORDED IN(CC#) D221003236, (OPRTCT)AND ON THE SOUTHWEST RIGHT OF WAY LINE OF ALEMEDA STREET(A VARIABLE WIDTH RIGHT OF WAY)AND IN THE SAID HORTON TRACT,FROM WHICH A 1/2-INCH CAPPED IRON ROD MARKED"4023" FOUND FOR THE SOUTHEAST CORNER OF THE SAID 1.32 ACRE TRACT o BEARS NORTH 89°49'52" EAST,A DISTANCE OF 125.81 FEET; w o THENCE SOUTH 29`38'15" EAST,WITH THE SOUTHWEST RIGHT OF WAY LINE OF THE SAID ALEMEDA STREET,A DISTANCE OF 96.74 FEET TO A POINT FOR CORNER; a THENCE OVER AND ACROSS THE SAID HORTON TRACT,THE FOLLOWING COURSES AND DISTANCES: o SOUTH 38°16'24"WEST, A DISTANCE OF 81.08 FEET TO THE PC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 3935.00 FEET; Q WITH SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 00°58'38",A CHORD BEARING AND DISTANCE OF c= NORTH 64°58'57"WEST,A DISTANCE OF 67.12 FEET,AN ARC DISTANCE OF 67.12 FEET TO A POINT FOR CORNER; r NORTH 26°46'41" EAST,A DISTANCE OF 18.35 FEET TO A POINT FOR CORNER; NORTH 63°54'26"WEST,A DISTANCE OF 29.33 FEET TO A POINT FOR CORNER; NORTH 61°54'09"WEST,A DISTANCE OF 45.77 FEET TO A POINT FOR CORNER; can SOUTH 26°21'11"WEST,A DISTANCE OF 20.01 FEETTO A PC OF A CURVE TO THE LEFT,HAVING A RADIUS OF 3935.00 FEET; WITH THE SAID CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 01-34'58",A CHORD BEARING AND DISTANCE OF NORTH 62°36'46"WEST,A DISTANCE OF 108.69 FEET,AN ARC DISTANCE OF 108.70 FEETTO A POINT FOR CORNER; NORTH 61°49'18"WEST,A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER; NORTH 19°16'24" EAST,A DISTANCE OF 20.49 FEET TO A POINT FOR CORNER; NORTH 86°50'45" EAST,A DISTANCE OF 28.67 FEET TO A POINT FOR CORNER; NORTH 65°20'19" EAST,A DISTANCE OF 71.79 FEET TO A POINT FOR CORNER; w NORTH 38°35'04" EAST,A DISTANCE OF 76.58 FEET TO A POINT FOR CORNER; a NORTH 60°02'07" EAST,A DISTANCE OF 31.78 FEET TO A POINT FOR CORNER; a NORTH 32°51'41" EAST,A DISTANCE OF 11.79 FEET TO A POINT FOR CORNER IN THE SOUTHWEST LINE OF THE SAID 1.32 ACRE TRACT Q AND THE SOUTHWEST RIGHT OF WAY LINE OF THE SAID ALEMEDA STREET; U) W THENCE SOUTH 29`38'15" EAST,WITH THE SOUTHWEST RIGHT OF WAY LINE OF THE SAID ALEMEDA STREET,A DISTANCE OF 125.93 FEET TO N THE POINT OF BEGINNING,AND CONTAINING 33,395 SQUARE FEET OR 0.767 ACRES OF LAND MORE OR LESS. Of w z 0 0 Of Of w z Of d NOTES EASEMENT DRAWING OF EVEN DATE ACCOMPANIES THIS LEGAL - 0_F TF O DESCRIPTION.04 °° �•�F,G � RFo.S 0 ROBERT P. ALLEN ................... -0p 6495 P� ESS�F �?y0 SHIELD � r �Rv� i ENGINEERING GROUP U) ROBERT P.ALLEN z R.P.L.S. No.6495 TBPE FIRM#F-11039 • TBPLS FIRM#10193890 DATED:08-04-2021 SHEET 3 OF 3 0 1600 West 7th Street,Suite 200,Fort Worth,TX 76102 • 817.810.0696 SHIELD Page ENGINEERING GROUP EXHIBIT B 1600 W. 7th Street, Suite 400, Fort Worth, Texas 76102 1817.810.0696 Shield Engineering Group, PLLC info@segpllc.com I www.SHIELDENGINEERINGGROUP.com TBPE FIRM #F-1 1039 1 TBPLS FIRM #10193890 ONISSOHO INIOdISAAA LU LLJ 0 PN co 0' z 0 < 0 U) LU a- C, Ir 4 co ii< 0 0 7 aR � Oo ro! D 3: CL 0 0 z Ir z LU w > �5 < LU 47-T-o 0 -0 < Cf)71 LU Ir LU In 0 0 U) 0 ;oaf 0 L2 5 1/ ST II oa cz 4- �2 . ............... _q, Q 8.18 --- zz- ...............0. Odd 16' 1 6 v ONISSObO 1NIOd1S3M o $ Z s w Hill o e yLU z ou- a o p,wc. 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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 8 Rev.11/17/2016 SHIELD Page14 ENGINEERING GROUP EXHIBIT D 1600 W. 7th Street, Suite 400, Fort Worth, Texas 76102 1817.810.0696 Shield Engineering Group, PLLC info@segpllc.com I www.SHIELDENGINEERINGGROUP.com TBPE FIRM #F-1 1039 1 TBPLS FIRM #10193890 4 3E Q E - a) 0 a a > 0- a) 0 0 Of i U C N Z a) '� 0 � c Q Z i p m C Z 0 a - 6 ea CD c c c c c c c c c c ❑ Z t 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 LU > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LU w U U U U U U U U U U U U U U U I I I I I I I I I I I I I I LV LL0 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 I En I I I I I I I I I I I I I I Ia.cn En toi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co 2a LL 25 0 r- LL 0 0 0- HOL �C - � � r. L Q W cn c - -0 Ui L) 0 0 W of En a) � ) U) o C 0 C L Cl. 0 U � E OL M _ z En to Q O O E Q 'L > •F ,� L LQ O �+ 0 co > �. O .F 0 0 C O V 0 O m O (D ~ C N L C W En a. (w�, L N IN � O M > M V O CIL Z _ E _ � -0 U) c U C N 0 rn Q �.. -0 N o 0 4— M ca L c l0 d mate) o U L) 0 C c (0) -0 a) m m 0 0 L d CD M L � 0 m E a) 0 0 : � 0 0 LO Q o � 0 O E m 6 >• 0 m o En L 0 0 0 N _ ca N .0 c ai c c m w cn c0i o o � 0 � 0 LU F. E o c o 0 0 0 - 0 a) M >, a = .OL 0 >� m CC o 0 �_ �_ 0 — ai Z m .2 m ai 0 > > c m o 0 �' o `m 0 L w E w c 0 -0 C a) a) 0 `0 m a) m U Q _� o m o w c4 0 0 rn rn 0 0 0 0 a o_ a) 0 i =, = o = N O 0 N UI 0 L L N N N fA fA N N a) N oo L oaa a aa Q LL U !C LL m m N cM qT LSD (.0f— 00 0-) N , N M1q Lo d EXHIBIT E �•s;2 p ••• Page I of 9 Mary Louise Nicholson %* I do hereby certify that this is a true Ja nal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 01/06/2021 11:05 AM Page: 1 of 9 Fee: $51.00 Submitter: Synrgo,Inc. Electronically Recorded by Tarrant County Clerk in Official Public Records y goI MARY LOUISE NICHOLSON COUNTY CLERK NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Special Warranty Deed THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT, 820/30 INTERCHANGE LTD.,a Texas limited partnership ("Grantor"),for and in consideration of the sum of$10.00 cash in hand paid by D.R. HORTON-TEXAS,LTD., a Texas limited partnership("Grantee'),whose address is 6751 North Freeway,Fort Worth,Texas 76131,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 presents does GRANT,BARGAIN,SELL and CONVEY unto Grantee,that certain real property situated in Tarrant County,Texas,and described in Exhibit"A" attached hereto and made a part hereof for all purposes(the"Land"),together with all improvements located on the Land and all and singular the rights, privileges, hereditaments and appurtenances pertaining to such real property, including,but not limited to,all right,title and interest of Grantor,if any, in and to(1) any strips and gores, if any, between the Land and any abutting properties, whether owned or claimed by deed, limitations or otherwise; and (2) streets, alleys, easements and rights of way, open or proposed,in,across,abutting or adjacent to the Land(all of such real property,rights and appurtenances herein referred to collectively as the"Prove "). This conveyance is made by Grantor and accepted by Grantee subject only to the reservations described in Exhibit"B"attached hereto and incorporated herein by reference and the easements,restrictions and other matters described in Exhibit"C"attached hereto and incorporated herein by reference(collectively,the"Permitted Exceptions"). TO HAVE AND TO HOLD the Property,together with, all and singular,the rights and appurtenances thereto in anywise belonging, to Grantee and Grantee's successors and assigns forever; and subject only to the Permitted Exceptions, Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend,all and singular,the Property unto the 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. Additionally, Grantor hereby QUITCLAIMS to Grantee all of Grantor's right, title and interest, if any, in and to that certain 0.054 acre tract adjacent to Property, which tract is more particularly described and/or depicted on Exhibit"A-l" attached hereto and incorporated herein by reference,to have and to hold such right,title and interest, if any,to Grantee and Grantee's successors and assigns forever,and neither Grantor nor Grantor's successors or assigns will have, claim or demand any right,title or interest to said tract or any part of it. Special Warmnty Deed 27 Acres v3 Page I EXHIBIT E �• �pOU�'� '•. Page 2 of 9 Mary Louise Nicholson %* I do hereby certify that this is a true anal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 Page 2 of 9 n -. . EXECUTED to be effective � 20 GRANTOR: I 820/30 INTERCHANGE LTD., 1 a Texas limited partnership By: 820/30 HOLDINGS,LLC, a Texas limited liability company, its general part1 i By: Name:Mark Foster Title:Executive Manager THE STATE OF TEXAS § COUNTY OF r2 ✓iS § This instrument was acknowledged before me on the day of ?h'✓cl�a,�y , 2020 by Mark Foster, Executive Manager of 820/30 Holdings, LLC, a Texas limited liability company,as General Partner of 820/30 INTERCHANGE LTD.,on behalf of said entity,and in the capacity herein stated. � � Aft- Notary Public,State of Texas [Seal] '•= =•= My Notary ID#130653OW Expires May 12,2024 After Recording,Return to: Koons Real Estate Law 1410 Robinson Road,Unit 100 Corinth,Texas 76210-2847 Attn:Martin E.Garza Special Warranty Deed 27 Acris v3 Page 2 EXHIBIT E �•s;2 p ••• Page 3 of 9 Mary Louise Nicholson %* I do hereby certify that this is a true Ja nal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 Page 3 of 9 ■ EXHIBIT"A" i BEING 27.408 acres situated in the B.B.B.&C.RR.CO.SURVEY,Abstract No.219 and the J. OXFORD SURVEY,Abstract No. 1201,City of Fort Worth,Tarrant County,Texas,being a portion of those certain tracts of land described in deed as Tract One and Tract Three and all of that certain tract of land described as Tract Four,to 820/30 Interchange,LTD.Recorded in Instrument No.D204389104,County Clerk's records,Tarrant County,Texas,said 27.408 acres being more particularly described as follows: COMMENCING at a 1/2"capped iron rod found stamped C.F.Stark RPLS 5084,in the north line of said Tract Three,the south line of that certain tract of land described in deed to JOHN B. FOSTER,recorded in Volume 15662,Page 414,Deed Records,Tarrant County,Texas and being at the northwest comer of Lot IR,SEINNA HILLS,an Addition to the City of Fort Worth, Tarrant County,Texas,according to the Plat recorded in Instrument No.D218184058,County, Clerk's Records,Tarrant County,Texas,said POINT OF BEGINNING having a NAD 83,Zone 4202(Grid)coordinate value of NORTH:6956905.488 and EAST:2280371.266,for reference; THENCE S 89°54'08"W,a distance of 167.57 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"for the POINT OF BEGINNING of the herein described 27.408 acre tract; THENCE along the east line of the herein described 27.408 acre tract,as follows: S 02023'43"W,a distance of 292.10 feet to a 1/2"capped.iron rod set stamped"C.F.Stark RPLS 5084"; S 38°18'34"W,a distance of 128.68 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; S 00'00'11"E,a distance of 276.12 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; S 29*01'46"E,a distance of 117.11 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; S 56*38'11"E,a distance of 89.51 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"; S 13'16'43"E,a distance of 69.95 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; S 50°58'55"W,a distance of 158.12 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"; S 29°53'29"E,a distance of 75.98 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; S 00*11'57"E,a distance of 136.65 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; S 35°40'28"E,a distance of 109.05 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; Special Warranty Deed 27 Acres v3 Page 3 EXHIBIT E �•s;2 p ••• Page 4 of 9 Mary Louise Nicholson %* I do hereby certify that this is a true Ja nal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 - Page 4 of 9 ■ S 52*37'10"W,a distance of 119.92 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"; S 86°23'29"W,a distance of 116.97 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"; N 59°35'56"W,a distance of 28.97 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"; S 29'40'11"E,a distance of 75.36 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"; N 69°40'21"W,a distance of 23.25 feet to a 1/2"capped iron rod set stamped"C.F. Stark RPLS 5084"; S 29053'29"E,a distance of 67.74 feet to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"in the north line of West Point Boulevard(a 65'Right-of-Way Dedication recorded in Instrument Number D217289103,Deed Records,Tarrant County,Texas,being at the beginning of a curve to the right,whose radius is 2870.00 feet and whose long chord bears N 68°23'29"W, a chord distance of 23.97 feet; I THENCE along the north line of said West Point Boulevard and along said curve,in a northwesterly direction,through a central angle of 00°28'43",an arc distance of 23.97 feet to a 1/2"capped iron rod found stamped"C.F.Stark RPLS 5084"at the northwest comer of said Right-of-Way Dedication; THENCE S 21°50'52"W,along the west line of said Right-of-Way Dedication,a distance of 65.00 feet to a 1/2"capped iron rod found stamped C.F.Stark RPLS at the southwest corner of said Right-of-Way Dedication; THENCE leaving said Right-of-Way dedication and along the approximate centerline of said West Point Boulevard(no recorded Right-of-Way found)as follows: N 5803629"W,a distance of 84.45 feet to a PK nail set; N 62015'12"W,a distance of 255.47 feet to a PK nail set; N 61123'13"W,a distance of 416.36 feet to a PK nail set in the south line of a called 0.054 acre tract of land not covered in deed to said Interchange,LTD(no recording found); THENCE N 89°49'35"E,leaving the approximate centerline of said West Point Boulevard, along said south line of said called 0.054 acre tract,a distance of 81.40 to a 1/2"capped iron rod set stamped C.F.Stark RPLS 5084 at the southerly southwest comer of said Tract Four; THENCE N 62°14'53"W,along the southwesterly line of said Tract Four,a distance of 93.91 feet to a 1/2"iron rod found at the westerly southwest corner of said Tract Four and being the north corner of said called 0.054 acre tract; Special Warranty Deed 27 Acres v3 Page 4 EXHIBIT E �•s;2 p ••• Page 5 of 9 Mary Louise Nicholson %* I do hereby certify that this is a true Ja nal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 Page 5 of 9 ■ THENCE S 28049'l6"W,along the west line of said called 0.054 acre tract,a distance of 37.98 feet to a PK nail set in the approximate centerline of said West Point Boulevard; THENCE N 62033'02"W,along the approximate centerline of said West Point Boulevard,a distance of 313.91 feet to a PK nail set; THENCE N 63037'35"W,continuing along the approximate centerline of said West Point Boulevard,a distance of 300.86 feet to a PK nail found at the southeast comer of that certain tract of land described in deed to Total E&P USA Barnett,LLC.Recorded in Instrument No. D216266568,County Clerk's Records,Tarrant County,Texas,from said point an"X"cut found at the southwest comer of said Total E&P USA Barnett,LLC.Tract bears N 63149'31"W,a distance of 542.27 feet,for reference; THENCE N 26°3344"E,along the east line of said Total E&P USA Barnett,LLC.Tract,a distance of 502.92 feet to a 5/8"capped iron rod found stamped"Dunaway"in the north line of said Tract One,the northeast corner of said Total E&P USA Barnett,LLC.Tract and being in the south line of that certain tract of land described in deed to Richard Lawrence Coop,recorded in Instrument No.D217124164,County Clerk's Records,Tarrant County,Texas,from said point a 1/2"iron rod found at the northwest comer of said Total E&P USA Barnett,LLC.Tract bears S 89°47'35"W,a distance of 741,48 feet,for reference; THENCE N 89-47-35"E,along the common line of said Tract One and said Coop tract,passing the west line of Alemeda Road(a variable width Right-of-Way),at a distance of 449.05 feet passing a 1/2"iron found in the east line of said Alemeda Road,at the southwest corner of WILLOW WOOD ADDITION,an Addition to the City of Fort Worth,Tarrant County,Texas, according to the Plat recorded in Cabinet A,Slide 8532,Plat Records,Tarrant County,Texas and continuing along the common line of said Tract One and said WILLOW WOOD ADDITION,in all,a distance of 725.35 to a 1/2"capped iron rod found stamped`BHB Inc."at the southeast corner of said WILLOW WOOD ADDITION and being in the west line of said Tract Three; THENCE N 28042'46"E,along the common line of said Tract Three and said WILLOW WOOD ADDITION,a distance of 465.39 to a 1/2"capped iron rod set stamped"C.F.Stark RPLS 5084"at the northwest comer of said Tract Three and being the southwest comer of said John B.Foster tract,from which a 1/2"capped iron rod found stamped"BHB Inc."bears N 28142'46:E,a distance of 36.50 feet,for reference; THENCE N 89°54'08"E,along the common line of said Tract Three and said John B.Foster tract,a distance of 257.47 feet to the POINT OF BEGINNING and containing 27.408 GROSS ACRES of land,more or less. SAVE&EXCEPT THE FOLLOWING DESCRIBED 1.32 ACRES NOT INCLUDED IN THE CONVEYANCE INTO%820/30 INTERCHANGE Special Warranty Deed 27 Acres v3 Page 5 t EXHIBIT E 'coin;• Mary Louise Nicholson •�;z ��% Page 6 of 9 • %* I do hereby certify that this is a true Ja nal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 iPage 6 of 9 a i BEING 1.32 acres situated in the J.OXFORD SURVEY,ABSTRACT NO. 1201 and the B.B.B. &C.RR.CO.SURVEY,ABSTRACT NO.219,City of Fort Worth,Tarrant County,Texas; BEGINNING at a 1/2"capped iron rod found stamped"RPLS 4023",at the most westerly southwest corner of that certain tract of land described in deed as Tract Three,to 820/30 Interchange,LTD.Recorded in Instrument No.D204389104,County,Clerk's Records,Tarrant County,Texas,from which a 1/2"capped iron rod found stamped`BHB INC."at the southeast corner of WILLOW WOOD ADDITION,an Addition to the City of Fort Worth,Tarrant County, Texas,according to the Plat recorded in Cabinet A,Slide 8532,Plat Records,Tarrant County,. Texas,bears N 28°49'16"E,a distance of 259.13 feet,for reference; THENCE S 29°40'28"E,along the southwesterly line of said Tract Three and the northeasterly line of said 1.32 acre tract,a distance of 590.22 feet to a 1/2"capped iron rod found stamped "RPLS 4023",at the most southerly southwest comer of said Tract Three,in the north line of that certain tract of land described in deed as Tract One,recorded in said Instrument No. D204389104 and being the southeast corner of said 1.32 acre tract; THENCE S 89049'35"W,along the north line of said Tract One,and being south line of said 1.32 acre tract,a distance of 125.81 feet to a 1/2"capped iron rod found stamped"RPLS 4023" at the southeast corner of that certain tract of land described in deed as Tract Four,recorded in said Instrument No.D204389104,and being the southwest comer of said 1.32 acre tract; THENCE N 29038'32"W,along the northeasterly line of said Tract Four and along the southwesterly line of said 1.32 acre tract,a distance of 461.32 feet to a 1/2"capped iron rod found stamped"RPLS 4023"at the north corner of said Tract Four,in the most northerly east line of said Tract One,and being the northwest comer of said 1.32 acre tract; THENCE N 28°49'16"E,along said most northerly east line of said Tract One,a distance of 128.12 feet to the POINT OF BEGINNING and containing 1.32 acres(57,501 square feet)of land. FOR a NET ACREAGE of 27.408 acres,more or less. Special Warranty Deed 27 Acres v3 Page 6 EXHIBIT E K pOUNT�'•• Page 7 of 9 Mary Louise Nicholson y I do hereby certify that this is a true a nal record Tarrant County Clerk 4 t now on file in the Official Public Records of Tarrant County,Texas. Digitally signed tN �: To verify the authenticity of this copy please visit: _, fir" �„k�Q by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 - Page 7 of 9 9 0 i EXHIBIT"A-1" Mafr INUM N% �c W DEW Wo 0=DRERCHUM,Lm t jt Gi EOv50ft t9�1' `�., f�Of+04IK'D Pal i I i Special Warranty Deed 27 Acres 0 Page 7 EXHIBIT E �•s;2 p ••• Page 8 of 9 Mary Louise Nicholson %* I do hereby certify that this is a true Ja nal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 Page 8 of 9 ■ EXHIBIT"B" Grantor hereby reserves and excepts from the conveyance of the Property hereunder all of the oil, gas and other minerals in and under and that may be produced from the Property, or any part thereof(collectively, the "Mineral Rights"); provided, however, the foregoing reservation of Mineral Rights shall not include,and Grantor hereby expressly waives and releases on behalf of itself,and all of Grantor's heirs,successors and assigns, any and all rights to the surface of the Property for any purposes whatsoever,including but not limited to purposes of ingress and egress to, from and over the surface of the Property to exercise its Mineral Rights, including but not limited to activities to explore,develop,produce,transport or store any minerals on the Property. As used in this paragraph,the term"minerals"does not include minerals that form a part of the surface or near-surface,of the Property, including without limitation, sand, iron ore, gravel, uranium,and stone;nor does it include water located on the Property.In no event shall the exercise of the Mineral Rights nor shall'any exploration or production of oil, gas and other minerals by Grantor,its successors and assigns occur within 500 feet of the surface of the Property or interfere with the surface or subsurface support of any improvements constructed or to be constructed on the Property. Special Warranty Deed 27 Acres v3 Page 8 EXHIBIT E �•s;2 p ••• Page 9 of 9 Mary Louise Nicholson %* I do hereby certify that this is a true Ja nal record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https:/Aarrant.tx.publicsearch.us/verifycert/jDCckk8b (, Date:2021.11.09 t 15:12:19-06:00 D221003232 Page 9 of 9 ■ EXHIBIT r•C" I 1. Standby fees,taxes and assessments by any taxing authority for the year 2021,and subsequent years;and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership. i 2. Restrictions recorded in Volume 15539,Page 434,of the Real Property Records of Tarrant County,Texas. 3. Right-of-Way granted to Texas Electric Service Company as set forth in the instrument recorded in Volume 1328,Page 270,of the Deed Records of Tarrant County,Texas. 4. Easement and Right-of-Way granted to Texas Electric Service Company as set forth in the instrument recorded in Volume 4066,Page 246,of the Deed Records of Tarrant County,Texas. 5. Right-of-Way granted to the City of Fort Worth as set forth in the instrument recorded in Volume 6125,Page 592,of the Deed Records of Tarrant County,Texas. 6. Right-of-Way in favor of Lone Star Gas Co.as referred to in the instrument recorded in Volume 7521,Page 544,of the Deed Records of Tarrant County,Texas. 7. Terms,conditions,and stipulations of instrument filed for record under Clerk's File No. D205206334,of the Public Records of Tarrant County,Texas. 8. Easement granted to the City of Fort Worth as set forth in the instrument recorded under Clerk's File No.D220217835,of the Official Public Records of Tarrant County,Texas. 9. Right of Way Agreement granted to Texas Midstream Gas Services,LLC as set forth in the instrument recorded under Clerk's File No.D208059698,of the Official Public Records of Tarrant County,Texas.As affected by the instrument recorded under Clerk's File No. i D210205226,of the Official Public Records of Tarrant County,Texas. 10.Terms,conditions and provisions of a Valve Site Agreement as set forth in the instrument recorded under Clerk's File No.D209139326,of the Official Public Records of Tarrant County, Texas i Special Warranty Deed 27 Acres Q Page 9