HomeMy WebLinkAboutContract 56731 Date Received: 11/29/2021 Permit No.: SWFMA-21-0056
Time Received: 10:53 AM City Secretary No.: 56731
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 19th day of Nov. 2021
by and between State of Texas, acting by and through Mark Havens, Deputy Land
Commissioner and Chief Clerk of the General Land Office, 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 12.000-acre tract located in the Elijah Rodgers Survey, Abstract 1292,
Tarrant County, Texas according to the deed recorded in Instrument No. D219203617,
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 Texas State Veterans Home
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
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX
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. This Agreement imposes no liability of any
kind whatsoever on the City. Landowner agrees to release the City from any
third party claim or causes of action from the failure of landowner or any
future owners of the above 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
6. 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.
7. 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.
This Agreement shall be effective on the date signed by the City Secretary as shown
below.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
i
Executed this 19th day of November 20 21
CITY: LANDOWNER:
DJ Ha�19,2021 15:00 CST) ✓
DJ Harrell, Mar A. - veils
Development Services Director Deputy Land Conimissioner/Chief Clerk
City of Fort Worth Teas General Land Office
Date: Nov 19, 2021 Date:
Approved as to Form and Legality:
CG�risfc� R. Lonez-RByv�olds
Christa R.Lopez-Reynolds(Nov 16,2021 17:58 CST)
Christa R. Lopez-Reynolds,
Sr. Assistant City Attorney
City Attorney's Office
Date; Nov 16, 2021
ATTEST; Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible
for the monitoring and administration of
Ronald P, Gonzales, Acting City this contract, including
Secretary, City of Fart Worth ensuring all performance and repotting
requirements.
Date: Nov 25, 2021
� a
.oa on �
�y O1O°p.o000
p��o° °�'pad� Janie S, Morales, Planning Manager
0v0 "Ap. Development Services
o °
o o* Date; Nov 16, 2021
° o° fy
a °O0000°o° d
n��EXpS•oAp
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH TX
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before nee on November- 19, 2021 by DJ
Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of
Fort Worth.
RY PU BICH SON THI NGUYEN Digitally signed by Bichson ''..
<P a Notary Public Bichson Nguyen Nguyen
i o Date:2021.11.24 14:26:04-06'00'
+ + STATE OF TEXAS
NP Notary I.D. 133389224 Notary Public, State of Texas
9�FOF My Comm.Exp.Oct. 13,2025
STATE OF TEXAS
COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared "a:& . Uw Ln10 ,
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 , a
d in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
20�L,
M.
11111111I1,!'
Vicki Gonzales
'o;'"�'•4U Notary Nota Public,State of Texas
�?
*; l* Notary without Bond
a`. 1pr Comm.Expires07125l2025 Notary Publi ; State o T xas
Notary ID 129506364
„IIIIIIII,,
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT j
Rev.1 111 7/20 1 6 FT.WORTH, TX
Exhibit
LEGAL DESCRIPTION
STORM WATER FACILITY MAINTENANCE AGREEMENT EASEMENT
BEING a 0.9911 acre (43,173 square foot) tract of land situated in the Elijah Rogers Survey, Abstract No. 1292, City
of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Deed without Warranty
with Retained Reversionary Interest to the Texas Veterans Land Board recorded in Instrument No. D219203617 of
the Official Public Records of Tarrant County, Texas; said tract being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod with cap stamped "PAPE DAWSON" found at the northeast corner of said Texas
Veterans Land Board tract;
THENCE South 0°08'55" East, along the east line of said Texas Veterans Land Board tract, a distance of 14.28 feet
to a point for corner;
THENCE South 47°08'09" West, departing the said east line of the Texas Veterans Land Board tract, a distance of
4.08 feet to a point for corner;
THENCE South 0°08'55" East, a distance of 427.86 feet to a point at the beginning of a tangent curve to the right;
THENCE in a southwesterly direction, with said curve to the right, having a central angle of 89°57'46", a radius of
22.00 feet, a chord bearing and distance of South 44°49'58" West, 31.10 feet and an arc distance of 34.54 feet to a
point for corner;
THENCE South 89°48'50" West, a distance of 119.03 feet to a point for corner;
THENCE South 86°56'38"West, a distance of 21.26 feet to a point for corner;
THENCE North 53°00'05"West, a distance of 4.70 feet to a point for corner;
THENCE North 23o20'06"West, a distance of 11.33 feet to a point for corner;
THENCE North 25°02'32" East, a distance of 7.54 feet to a point for corner;
THENCE North 27°31'16" East, a distance of 17.93 feet to a point for corner;
THENCE North 36°03'27" East, a distance of 18.65 feet to a point at the beginning of a non-tangent curve to the
right;
EXHIBIT "A"
STORM WATER FACILITY
MAINTENANCE AGREEMENT EASEMENT
ELIJAH ROGERS SURVEY,
ABSTRACT NO. 1292
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev* Horn
801 Cherry Street,Unit 11,#1300 1 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com
Scale Drawn by I Checked by Dale Project No. I Sheet No.
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Exhibit "A"
THENCE in a northeasterly direction, with said curve to the right, having a central angle of 33°42'15", a radius of
75.31 feet, a chord bearing and distance of North 53°17'16" East, 43.67 feet and an arc distance of 44.30 feet to a
point at the beginning of a non-tangent curve to the left;
THENCE in a northeasterly direction, with said curve to the left, having a central angle of 63045'16", a radius of
74.20 feet, a chord bearing and distance of North 34006'59" East, 78.37 feet and an arc distance of 82.57 feet to a
point for corner;
THENCE North 1'1526"West, a distance of 188.79 feet to a point at the beginning of a tangent curve to the left;
THENCE in a northwesterly direction, with said curve to the left, having a central angle of 45047'02", a radius of
106.79 feet, a chord bearing and distance of North 24°08'25" West, 83.08 feet and an arc distance of 85.33 feet to a
point at the beginning of a reverse curve to the right;
THENCE in a northeasterly direction, with said curve to the right, having a central angle of 135046'49", a radius of
35.00 feet, a chord bearing and distance of North 20051'28" East, 64.85 feet and an arc distance of 82.94 feet to a
point for corner;
THENCE North 90000'00" East, a distance of 77.85 feet to a point for corner;
THENCE North 47008'09" East, a distance of 2.27 feet to a point for corner in the north line of said Texas Veterans
Land Board tract; from said point a 1/2-inch iron rod with cap stamped "PAPE DAWSON" found in the north line of
said Texas Veterans Land Board tract bears North 87°52'08"West, a distance of 102.62 feet;
THENCE South 87052'08" East, along the north line of said Texas Veterans Land Board tract, a distance of 6.38 feet
to the POINT OF BEGINNING and containing 43,173 square feet or 0.9911 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description
accurately sets out the metes and bounds of the easement tract.
EXHIBIT "A"
STORM WATER FACILITY
MAINTENANCE AGREEMENT EASEMENT
�F. T ELIJAH ROGERS SURVEY,
�'�P GIST ABSTRACT NO. 1292
MICHAEL C. BILLINGSLEY e � ''•�'
REGISTERED PROFESSIONAL' CITY OF FORT WORTH
LAND SURVEYOR NO. 6558 MICHAEL C•• • • . ••••LEO•BILLING SSLEY•••••••• LE TARRANT COUNTY, TEXAS
. ...........................
801 CHERRY TR >>
UNIT 11 SUITE 1300 •'•. ,o af' 6558 Pv;'
FORT WORTH, TEXAS 76102 9,•r',••o H Kimle orn801 FESS��.c••''o
-65
PH. 817-335-6511 Y •S+'U'p v 4y Fort Worth Texas 76102 Street,Unit 11,#13 FIRM#10194040 0 itTwww.kimley-ho n5com11
michael.billingsley@kimley-horn.com SGale Drawn by I Checked by I Date Project No. I Sheet No.
N/A CDP MCB 9/8/2021 061298201 2 OF 4
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Exhibit "A"
\ TARRANT COUNTY,
NORTH \ TEXAS TRACT TWO
(INST. NO. D204271984)
0 50 100 \ JOE B. RUSHING ROAD
L13 L14
GRAPHIC SCALE IN FEET L15 1/2"IRFC
1/2"IRFC "PAPE DAWSON"
"PAPE DAWSON" Vy 1 P.O. B.
p
L1
STORM WATER L2
FACILITIES MAINTENANCE
AGREEMENT EASEMENT
0.9911 ACRES
43,173 SQ. FT.
TARRANT COUNTY,TEXAS
(INST.NO. D205327969)
TEXAS VETERANS LAND BOARD
(INST. NO.D219203617)
GC�)
C)
L10
L9
L8
L7
L6 L5 L4 y
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey
plat accurately sets out the metes and bounds of the easement tract.
EXHIBIT "B"
STORM WATER FACILITY
/ MAINTENANCE AGREEMENT EASEMENT
OF TF ELIJAH ROGERS SURVEY,
�P'••'�GISTE '�y ABSTRACT NO. 1292
MICHAEL C. BILLINGSLEY S
REGISTERED PROFESSIONAL '• ••1.* CITY OF FORT WORTH
LAND SURVEYOR NO. 6558 TARRANT COUNTY, TEXAS
MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET, •••••••••••••••••••••••••••• ••UNIT 11 SUITE 1300 •� ,0 6558 Pam:•' Kimlev))) Horn
FORT WORTH, TEXAS 76102 �9e'��FE
�Y `� 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511
PH. 817-335-6511 D S R v Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com
michael.billingsley@kimley-horn.com Scale Drawn by Checked by Date Proiect No. SheelNo.
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Exhibit "A"
LINE TABLE LINE TABLE
NO. BEARING LENGTH NO. BEARING LENGTH
L1 S00°08'55"E 14.28' L9 N27°31'16"E 17.93'
L2 S47°08'09"W 4.08' L10 N36°03'27"E 18.65'
L3 S00°08'55"E 427.86' L11 NO1°15'26"W 188.79'
L4 S89°48'50"W 119.03' L12 N90°00'00"E 77.85'
L5 S86°56'38"W 21.26' L13 N47°08'09"E 2.27'
L6 N53°00'05"W 4.70' L14 S87°52'08"E 6.38'
L7 N23°20'06"W 11.33' L15 N87°52'08"W 102.62'
L8 N25°02'32"E 7.54'
CURVE TABLE
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
C1 89°57'46" 22.00' 34.54' S44°49'58"W 31.10,
C2 33'42'15" 75.31' 44.30' N53°17'16"E 43.67'
C3 63°45'16" 74.20' 82.57' N34°06'59"E 78.37'
C4 45°47'02" 106.79' 85.33' N24°08'25"W 83.08'
C5 135°46'49" 35.00' 82.94' N20°51'28"E 64.85'
EXHIBIT "B"
STORM WATER FACILITY
MAINTENANCE AGREEMENT EASEMENT
ELIJAH ROGERS SURVEY,
ABSTRACT NO. 1292
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Kimlev))) Horn
801 Cherry Street,Unit 11.#1300 Tel.No.(817)335-6511
Fort Worth,Texas 76102 FIRM#10194040 wmi.kimley-horn.com
Scale I Drawn by I Checked by Date I Project No. I Sheet No.
N/A CDP MCB 9/8/2021 061298201 4 OF 4
PADILLA,CAELAN 9/8/2021 10:16 AM K:\FTW SURVEY\064545301-TSVH\DWG\064545301-TSVH SWFMA.DWG
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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 8
Rev.11/17/2016
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EXHIBIT E
Page 1 of 8
••.1 cover'•.
.g •�.. MARY LOUISE NICHOLSON
COUNTY CLERK
�� " o•. 100 West Weatherford Fort Worth, TX 76196-0401
1
' •••'+ PHONE (817) 884-1195
DAVID PHILLIPS
100 W. WEATHERFORD ST.
SUITE 460B
FT WORTH, TX 76196
Submitter: DAVID PHILLIPS
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 9/9/2019 10:41 AM
Instrument#: D219203617
D 8 PGS $0.00
By:
D219203617
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
EXHIBIT E
Page 2 of 8
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.
DEED WITHOUT WARRANTY
WITH RETAINED REVERSIONARY INTEREST
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That TARRANT COUNTY, TEXAS, a Texas political subdivision ("Grantor"), for and in consideration
of Ten and No/100 Dollars($10.00)and other good and valuable consideration,the receipt and sufficiency of
which are hereby acknowledged, has GRANTED, BARGAINED, SOLD, and CONVEYED and by these
presents does hereby GRANT, BARGAIN,SELL and CONVEY unto the STATE OF TEXAS for the sole
public purpose, use and benefit of the Texas Veterans Land Board ("Grantee"), whose mailing address is
1700 North Congress Ave., Austin,Texas 78701, the following described tract of land ("Property") for so
long as the Property is used by Grantee to provide for the public purpose of affordable housing and
skilled nursing care to the qualified population of veterans in and around Tarrant County, Texas:
A parcel of land consisting of approximately twelve(12) acres of real property situated in
the Elijah Rogers Survey, Abstract No. 1292, City of Fort Worth, Tarrant County, Texas
more particularly described in Exhibit "A" attached hereto and incorporated herein,
together with all rights, titles, and interests appurtenant thereto.
The Property is conveyed to Grantee solely for the use of Grantee in providing for public purpose of
affordable housing and skilled nursing care to the qualified population of veterans in and around Tarrant
County Texas, and upon the express condition that this grant shall continue in force only for so long as and
during such sole use. If the Property ceases to be so utilized, the Property shall immediately and
automatically revert to Grantor, its successors and assigns, it being the intention of the parties hereto to
create a conditional limitation on the grant, so that the estate conveyed hereby shall be deemed to be a fee
simple determinable.
This conveyance is made subject to all covenants, conditions, reversionary interests, reservations,
restrictions, rights of way, easements and leases, if any, that are valid, in existence, and of record, or are
apparent by visual inspection. TITLE AND RIGHT OF POSSESSION OF THE LAND SHALL
REVERT TO THE GRANTOR IF THE GRANTEE CEASES TO OPERATE A VETERAN
NURSING FACILITY ON THE LAND WITHOUT ANY FURTHER ACTION OF GRANTOR.
All oil, gas, and other minerals as well as mineral development rights, together with any and all rights of
leasing, exploration and development of minerals, if any, are reserved and retained by Grantor; provided,
however, Grantor waives the right to enter onto or use the surface of the Property, with the understanding
that the development of the reserved oil, gas and other minerals will occur off the Property, including, for
example, by directional drilling or pooling, provided that such operations shall in no manner interfere with
EXHIBIT E
Page 3 of 8
the use of the surface or subsurface support of any improvements constructed or to be constructed on the
Property.Grantee accepts the Property subject to any and all rights retained by third-party mineral owner(s).
TO HAVE AND TO HOLD, subject to the retained interests, reversionary rights, reservations and
exceptions herein,the Property,together with all and singular the rights, improvements,and appurtenances
thereto in anywise belonging unto the said Grantee, Grantee's successors and assigns forever, without
express or implied warranty. All warranties and covenants, whether express or implied, that might arise
by common law as well as the warranties in Section 5.023 of the Texas Property Code(or its successor)are
excluded.
There is further GRANTED, BARGAINED, SOLD, and CONVEYED to Grantee an access and
underground utility easement in, on, across, and along 0.5270 of an acre more particularly described as the
"Private Access & Utility Easement" on Exhibit"B" attached hereto.
GRANTEE AGREES AND ACKNOWLEDGES THAT GRANTOR IS SELLING THE
PROPERTY STRICTLY ON AN "AS IS, WHERE IS" BASIS, WITHOUT
WARRANTY, EXPRESS OR IMPLIED, WITH ANY AND ALL LATENT AND
PATENT DEFECTS. GRANTEE HAS INSPECTED THE PHYSICAL CONDITION OF
THE PROPERTY, INCLUDING ALL IMPROVEMENTS THEREON, I F A N Y,
AND ACCEPTS THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL
CONDITION. GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY
REPRESENTATION, WARRANTY, STATEMENT OR OTHER ASSERTION OF THE
GRANTOR WITH RESPECT TO THE PROPERTY'S CONDITION. GRANTEE IS
RELYING SOLELY AND WHOLLY ON GRANTEE'S OWN EXAMINATION OF
THE PROPERTY. THE STATE OF TEXAS AND ITS AGENCIES DISCLAIM ANY
AND ALL EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY MAKE NO
WARRANTIES OF HABITABILITY, MERCHANTABILITY, SUITABILITY,
FITNESS FOR ANY PURPOSE, OR ANY OTHER WARRANTY WHATSOEVER.
GRANTEE IS PUT ON NOTICE THAT ANY PRIOR GRANT AND/OR
ENCUMBRANCE MAY BE OF RECORD AND GRANTEE IS ADVISED TO
EXAMINE ALL PUBLIC RECORDS AVAILABLE REGARDING THE PROPERTY.
BY CLOSING THIS TRANSACTION, GRANTEE ACKNOWLEDGES THAT T H E
P R O P E R T Y I S SUBJECT TO THE CONDITION FOR SO LONG AS THE
PROPERTY WILL BE USED BY GRANTEE TO PROVIDE FOR AFFORDABLE
HOUSING AND SKILLED NURSING CARE TO THE QUALIFIED POPULATION OF
VETERANS IN AND AROUND TARRANT COUNTY,TEXAS,AND THAT GRANTEE
HAS FULLY INSPECTED THE PROPERTY, IS FULLY SATISFIED WITH THE
PROPERTY IN ALL RESPECTS "AS IS, WHERE IS, WITH ANY AND ALL
FAULTS", IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF
GRANTOR IN PURCHASING THE PROPERTY FROM GRANTOR, AND ACCEPTS
ANY LIABILITIES OR COSTS ARISING IN CONNECTION WITH THE
CONDITION OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO ANY
COSTS OR LIABILITIES PERTAINING TO ANY ENVIRONMENTAL CONDITION
ON THE PROPERTY.
EXHIBIT E
Page 4 of 8
Witness my hand and seal of office effective this day of S , 209
TARRANT COUNTY, TEXAS
By:
- ==r-— 4 6
Name: B. Glen Whitley
Title: County Judge
Date of Execution: 9 , 2019
TERESA W RODExpires
Notary ID ssion#128
My Commission4rrFAugust 21,2
j lmllll"
W
EXHIBIT E
Page 5 of 8
Exhibit"A"
IT
—,H /
LOCATION MAP
OGERS SURVEY ...r,
ELIJAH R ClNO.12s2 `\ a _ .. ...�._�....._...,...__,m......» ._._. _.... .
ABSTRA PRIVATE ACCESS 8 U`;LRY
EASEMENT
0ZZ700FANACRE 171,o55 S0FT.) e.....
�I�G"EOM'
12.000 ACRE(522.720 SOFT.)
>cc
EL WOODY SURVEY _— ........,,...._.�.... > 'one¢
SA ABSTRACT NO.1638cr
EL
EL
PROJECT NAME:TSVH Tar I C umy
EXHIBIT E
Page 6 of 8
Exhibit"A"
LEGAL DESCRIPTION -12.000 ACRE TRACT
BEING a tract of land, situated in Elijah Rogers Survey,Abstract No. 1292, City of Fort Worth,Tarrant
County,Texas, and being a portion of a Tract Two as described in a deed to Tarrant County,Texas,
recorded in Document No. D204271984 of the Official Public Records of Tarrant County,Texas
(O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows;
COMMENCING at a found 5/8-inch iron rod (controlling monument) at the northeast corner of said
Tract Two of said Tarrant County,Texas Tract from which a found 5/8-inch iron rod (controlling
monument) at the northmost northwest corner of said Tract Two bears South 89 degrees 46 minutes 42
seconds West, a distance of 122.07 feet;
THENCE, South 00 degrees 08 minutes 55 seconds East, along the west line of said Tract Two, a distance
of 740.93 feet to a set 1/2-inch iron rod with yellow cap stamped "PAPE DAWSON" for the POINT OF
BEGINNING;
THENCE, South 00 degrees 08 minutes 55 seconds East, continuing along the west line of said Tract Two,
a distance of 508.90 feet to a set 1/2-inch iron rod with yellow cap stamped "PAPE DAWSON" for the
southwest corner of said Tract Two, same point being on the south line of said Elijah Rogers Survey,
Abstract No.1292 and on the north line of Lot 1, Block 1 of Fort Worth VA Addition, an addition to the
City of Fort Worth,Tarrant County,Texas, recorded in Instrument No. D209031825, (O.P.R.T.C.T.);
THENCE, South 89 degrees 49 minutes 53 seconds West, along the south line of said Tract Two,the
south line of the said Elijah Rogers Survey, Abstract No. 1292 and the north line of said Lot 1, Blockl,
passing at a distance of 650.77 feet, a found 1/2-inch iron rod with cap stamped "HALFF &ASSOC",for
the northwest corner of said Lot 1, Block 1 and the northeast corner of an 11.878 acre tract of land as
described to Housing Authority of The City of Fort Worth D/B/A/Fort Worth Housing Solutions,
recorded in Instrument No. D219074569 (O.P.R.T.C.T.), in all a total distance of 1129.63 feet to a set
1/2-inch iron rod with yellow cap stamped "PAPE DAWSON" to a point for corner, from which a found
1/2-inch iron rod with cap stamped "PACHECO KOCH" (controlling monument) bears South 89 degrees
49 minutes 53 seconds West, a distance of 650.77 feet;
THENCE, North 00 degrees 00 minutes 04 seconds West, departing the south line of said Tract Two,the
north line of said Housing Authority tract and the south line of the said Elijah Rogers Survey,Abstract
No.1292, a distance of 386.46 feet to a set 1/2-inch iron rod with yellow cap stamped "PAPE DAWSON"
to a point for corner on the north line of said Tract Two and being on the southeasterly line of a 65 foot
Access Easement, recorded in Volume 13085, Page 363/ Document No. D198032593, (O.P.R.T.C.T.),
from which a found 1/2-inch iron rod bears North 72 degrees 51 minutes 36 seconds West, a distance of
95.89 feet, said point beginning a non-tangent curve to the left having a radius of 762.40 feet, a central
angle of 52 degrees 57 minutes 51 seconds, subtended by a 679.94 foot chord which bears North 77
degrees 03 minutes 09 seconds East;
THENCE, along the northwesterly line of said Tract Two,the southeasterly line of said 65 foot Access
Easement and said curve to the left, an arc distance of 704.76 feet to a found 5/8-inch iron rod to a
EXHIBIT E
Page 7 of 8
compound curve to the left, having a radius of 942.02 feet,a central angle of 06 degrees 55 minutes 53
seconds, subtended by a 113.89 foot chord which bears North 47 degrees 06 minutes 17 seconds East;
THENCE, continuing along the northwesterly line of said Tract Two,the southeasterly line of said 65 foot
Access Easement and said curve to the left, an arc distance of 113.96 feet to a set 1/2-inch iron rod with
yellow plastic cap stamped "PAPE DAWSON"to a point for corner, said point beginning a non-tangent
curve to the left having a radius of 471.50 feet, a central angle of 35 degrees 57 minutes 13 seconds,
subtended by a 291.04 foot chord which bears South 69 degrees 53 minutes 32 seconds East;
THENCE, departing the northwesterly line of said Tract Two and the southeasterly line of said 65 foot
Access Easement, along said curve to the left, an arc distance of 295.87 feet to a set 1/2-inch iron rod
with yellow plastic cap stamped "PAPE DAWSON" to a point for corner and end of said curve;
THENCE, South 87 degrees 52 minutes 08 seconds East, a distance of 109.00 feet to the POINT OF
BEGINNING, and CONTAINING 12.000 Acres or 522,720 Square Feet of land more or less, and being
described in accordance with a survey made on ground and accompanied by an exhibit or survey map
prepared under job number 50991-04 by Pape Dawson Engineers, Inc.
EXHIBIT E
Page 8 of 8
Exhibit "B"
LEGAL DESCRIPTION - PRIVATE ACCESS&UTILITY EASEMENT
BEING a tract of land, situated in Elijah Rogers Survey,Abstract No. 1292, City of Fort Worth,Tarrant
County,Texas, and being a portion of a Tract Two as described in a deed to Tarrant County,Texas,
recorded in Document No. D204271984 of the Official Public Records of Tarrant County,Texas
(O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows;
COMMENCING at a found 5/8-inch iron rod (controlling monument) at the northeast corner of said
Tract Two of said Tarrant County,Texas Tract from which a found 5/8-inch iron rod (controlling
monument) at the northmost northwest corner of said Tract Two bears South 89 degrees 46 minutes 42
seconds West, a distance of 122.07 feet;
THENCE, South 00 degrees 08 minutes 55 seconds East, along the west line of said Tract Two, a distance
of 680.88 feet to the POINT OF BEGINNING;
THENCE, South 00 degrees 08 minutes 55 seconds East, continuing along the west line of said Tract Two,
a distance of 60.05 feet to a set 1/2 inch iron rod with yellow cap stamped "PAPE DAWSON";
THENCE, North 87 degrees 52 minutes 08 seconds West, departing the west line of said Tract Two, a
distance of 109.00 feet to a set 1/2 inch iron rod with yellow cap stamped "PAPE DAWSON"to a point
for corner, and beginning a curve to the right having a radius of 471.50 feet, a central angle of 35
degrees 57 minutes 13 seconds, subtended by a 291.04 foot chord which bears North 69 degrees 53
minutes 32 seconds West;
THENCE, along said curve to the right, an arc distance of 295.87 feet to a set 1/2 inch iron rod with
yellow plastic cap stamped "PAPE DAWSON"to a point for corner on the northwesterly line of said Tract
Two and being on the southeasterly line of a 65 foot Access Easement as recorded in Volume 13085,
Page 363/Document No. D198032593, (O.P.R.T.C.T.), said point beginning a non-tangent curve to the
left having a radius of 942.02 feet, a central angle of 03 degrees 39 minutes 32 seconds, subtended by a
60.15 foot chord which bears North 41 degrees 48 minutes 34 seconds East;
THENCE, along the northwesterly line of said Tract Two,the southeasterly line of said 65 foot Access
Easement and said curve to the left, an arc distance of 60.16 feet to a set 1/2-inch iron rod with yellow
plastic cap stamped "PAPE DAWSON" to a point for corner, said point beginning a non-tangent curve to
the left having a radius of 411.50 feet, a central angle of 35 degrees 24 minutes 34 seconds, subtended
by a 250.28 foot chord which bears South 70 degrees 09 minutes 51 seconds East;
THENCE, departing the northwesterly line of said Tract Two and the southeasterly line of said 65 foot
Access Easement and along said curve to the left, an arc distance of 254.31 feet to a set 1/2-inch iron
rod with yellow plastic cap stamped "PAPE DAWSON"to a point for corner;
THENCE, South 87 degrees 52 minutes 08 seconds East, a distance of 106.61 feet to the POINT OF
BEGINNING, and CONTAINING 0.5270 of an Acre or 22,955 Square Feet of land, more or less, and being
described in accordance with a survey made on ground and accompanied by an exhibit or survey map
prepared under job number 50991-04 by Pape Dawson Engineers, Inc.