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HomeMy WebLinkAboutContract 46994 W" SECRET Aw CONTRACT ft DOE # RETAINING WALL m°Y MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of ZCI � y and between Vaquero MG Presidio Partners II, LP, a Texas limited partnership, acting by and through Vaquero Ventures Management, LLC, its General Partner, 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 2,191 square foot tract located in Lot 3R9, Block D, The Presidio Addition, Fort Worth, Tarrant County, Texas according to the plat recorded in D215035446, Official Public Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit "A", hereinafter called the "Property", WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as -rhe �'1 re s--Io jrb- , , 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 the construction and maintenance of a Retaining Wall Facility on a portion 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 a Retaining Wall Facility be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT `jr Rev.4/2007 and assigns, the location and dimensions of which is shown on the attached Exhibit "B" ("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 Retaining Wall 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. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. 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, which needs 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 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 acceptable to the City, 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 RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.4/2007 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. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM 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 OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS RETAINING WALL MAINTENANCE AGREEMENT 3 Rev.4/2007 FOOTING, AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. This Agreement shall be recorded among the land records of Tarrant County, Texas, and 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. RETAINING WALL MAINTENANCE AGREEMENT 4 Rev.4/2007 Executed this --day of Landowner City Vaquero MG Presidio Partners II, LP, City of Fort Worth a Texas limited partnership By: Vaquero Ventures Management, LLC, its General Partner w W.A. Land eth, III 3w'd� Manager Assistant City Manager Approved as to Form and Legality Assistant City Attorney e" r, ATTEST ��` °� a OFFICIAL ir��� Cl;iE D URY RETAINING WALL MAINTENANCE AGREEMENT 5 Rev.4/2007 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me one 20�5 by 0011ternando,,-Costa; Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. MIMIMUM Nbialry Public, State of Texas 1.1NDA M,HIRRLIWIEF1 MY COMMISSION EXPIRES Febnjary2,2018 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared W.A. Landreth, 111, 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 Vaquero MG Presidio Partners 11, LP, a Texas limited partnership, and that he executed the same as Manager of Vaquero Ventures Management, LLC, General Partner of Vaquero MG Presidio Partners 11, LP, a Texas limited partnership, and as the act of such limited partnership and for the purposes and consideration expressed in the foregoing instrument. ic, St Notary P ate of Texas "4ot"13fy put'klic' State Of !ti Xar' PAY Cam i ri�ssion Ex�,,,�)ires 0 F F 1('0"'0"1A L ip?,f,-"C 0 R CITY,"Eil""",CHETN' ' 17 RETAINING WALL MAINTENANCE AGREEMENT 6 Rev.4/2007 EXHIBIT "A" Page I Of 2 Legend of Abbreviations Basis of Bearings Surveyor Notes: P.O.B.—Point of Beginning The Basis of Bearings for this survey as established Mitigation Area originally recorded under P.O.C.—Point of Commencement by GPS observation utilizing the Texas Coordinate Instrument Number D205113431,O.P.R.T.C.T. O.P.R.T.C.T.—Official Public Records,Tarrant System of 1983,North Central Zone is the west line Revised by Instrument Number D214216208, County,Texas of Lot 3R4,Block D,The Presidio Addition, O.P.R.T.C.T. MNSP—Mag nail with a washer stamped"JPH LAND Instnunent Number D213216290,O.P.R.T.C.T. SURVEYING"set previously b North 00 degrees 00 minutes 00 seconds EAST PINNT NX SET UUF. I \ "6iP FyTL'y iO HiGH tI'ATFR LOT 2,BLOCK ------------ LOT 3R10,BLOCK D OTS 1,2 AND 3,BLOCK D LOTS IR,3R9,AND 31110, INSTR NT NUMBER D209006967 BLOCK D .T.C.T. INSTRUMENT NUMBER D215035446 n I CRSP O.P.R.T.C.T. SGk�t'yp.t. I � \ �/ �SEt f,uF\IENT NOtE 151 BELLO HILL LANE P•G•B• SEE F.iSF_\�;'F hOTE 113) l:OlEllll // I 'U V3"CAPPED p,EpAR I------ STA\fP IL[EGOLE � —__ CRSP 11621 � ,im / o 0 N84°J9'25"E _............._... / / Lll P.�_C. O a / / AS Sxuav aw O O / / l9 LU.\pi.F t'ASF.M11l1BER / SEE EiI[E!.ff"+T F / / Isu�aaaA / T;oTE CZv U TRACT A 21191 SQUARE FEET 1 LOT 3RA;BLOCK D la INSTRUMENT NUMBER I D2I5035446 I I OfR.T.C.T. Line Data Table Line Data Table VAQUERO MG PRESIDIO PpAIRTNERS 11,LP i INSTRUMENT NUMBER Line# Distance Bearing Line# Distance Bearing L6 /D215007941 S63S O.P.R.T.C.T. LI 54.49' N90 000'00"E L7 71.13' N00°00'00"E I �sF *6 i O o L2 50.93' S54°33'22"E L8 55.48' N37°53'37"W F \ Foxa W x h o L3 11.80' S46 035'14"E L9 10.49' N46 035'14"W I O O Z o r� F rn L4 59.25' S37 053'37"E L10 47.43' N54°33'22"W CRS H L5 74.22' S00 000'00"E Lll 51.61' N90°00'00"W V N H wq L6 9.00' 890°00'00"W L12 9.00' N00°00'00"E I j a q w � ww Easement Notes: 10.Right ofway easement," 11j Z > d Z 1.10'utility easement,Instrument Instrument Number D204300328, Number D213216290,O.P.R.T.C.T. O.P.R.T.C.T. { I 2.10'Oncor easement,Instrument 11.Signage easement,Instnunent Number D204135140,O.P.R.T.C.T. Number D213216290,O.P.R.TC T. N90'00'00"E _-- CRSP 5.A portion of a 15'water line 12.Sign Easement,Instrument 157.38' TXDOT / easement,Instrument Number Number D215035446,O.P.R.T.C.T. I L T 3R6,BLOCK D '9° D213216290,O.P.R.T.C.T. 13.Public access easement, \ ADDITION I STRUMENr I North Instrument Number D213216290, NUN ER D214239672 O.P.R.T.C.T. P.R.T.CT. Scale: 1 80' see attached legal description of even date— ' Tract A mcam 2,191 square feet "~m w g a X gy being portion of a« �.� ....... LOT 3R9 BLOCK D ... TBPLS Finn rui�e I^ THE PRESIDIO ADDITION #10194073 ;l ���t INSTRUMENT NUMBER D215035446 aC O.P.R.T.C.T. 13563 West SH 29,Suite#4 � t m Liberty Hill,Texas 78642 ��?/ Date:7-21-2015 Tel(512)778-5688 www.jphlandsurveying.com Job Number 2014.022.016 ©2015 JPH Land Surve in ,Inc. RETAINING WALL MAINTENANCE AGREEMENT 7 Rev.4/2007 EXHIBIT "A" Page 2 of 2 Land � . Dallas-Fort �°� Fort Worth Austin Abilene Legal Description—Tract A Being 2,191 square feet of land situated within the City of Fort Worth, in the William McCowen Survey, Abstract Number 999, Tarrant County, Texas, and being a portion of Lot 3R9, Block D, The Presidio Addition according to the plat recorded under Instrument Number D215035446 of the Official Public Records of Tarrant County, Texas. Said 2,722 square feet of land surveyed on the ground under the direction and supervision of Robert A. Hansen, Registered Professional Land Surveyor No. 6439, being more particularly described as follows: COMMENCING at a 1/2 inch capped rebar stamped "JPH LAND SURVEYING' set previously by this surveyor at the western most northwest corner of Said Lot 3R9; THENCE NORTH 84 degrees 39 minutes 25 seconds EAST, 116.27 feet through the interior of said Lot 3R9 to the POINT OF BEGINNING; THENCE the following twelve(12) calls through the interior of said Lot 3R9: 1. NORTH 90 degrees 00 minutes 00 seconds EAST, 54.49 feet; 2. SOUTH 54 degrees 33 minutes 22 seconds EAST, 50.93 feet; 3. SOUTH 46 degrees 35 minutes 14 seconds EAST, 11.80 feet; 4. SOUTH 37 degrees 53 minutes 37 seconds EAST, 59.25 feet; 5. SOUTH 00 degrees 00 minutes 00 seconds EAST, 74.22 feet to a point from which a 1/2 inch capped rebar stamped "JPH LAND SURVEYING' set previously by this surveyor at an angle point on the west right of way line of North Freeway(Interstate Highway No. 35W), a variable width right of way, as described in the deed to the City of Fort Worth recorded under Instrument Number D204300326 of the Official Public Records of Tarrant County, Texas bears SOUTH 63 degrees 57 minutes 35 seconds EAST, 186.18 feet; 6. SOUTH 90 degrees 00 minutes 00 seconds WEST, 9.00 feet; 7. NORTH 00 degrees 00 minutes 00 seconds EAST, 71.13 feet; 8. NORTH 37 degrees 53 minutes 37 seconds WEST, 55.48 feet; 9. NORTH 46 degrees 35 minutes 14 seconds WEST, 10.49 feet; 10. NORTH 54 degrees 33 minutes 22 seconds WEST, 47.43 feet; 11. NORTH 90 degrees 00 minutes 00 seconds WEST, 51.61 feet; 12. NORTH 00 degrees 00 minutes 00 seconds EAST, 9.00 feet to the POINT OF BEGINNING, containing 2,191 square feet. The Basis of Bearings for this survey as established by GPS observation utilizing the Texas Coordinate System of 1983, North Central Zone is the west line of Lot 3R4, Block D, The Presidio Addition, Instrument Number D213216290, of said Official Public Records. f, Robert A.Hansen/ I OB RT A HANSEN Registered Professional � Land Surveyor, No. 6439 h w " Email: robert @jphls.com �° Date:July 21 2015 H ' RETAINING WALL MAINTENANCE AGREEMENT Rev.4/2007 -- --------- t�z ------------ x U VU In inLE 8SM 1 lot 11 A lilt ig Nil 1 1111 111 1 gill I I I H 11 1 I W 1 Mum! 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SH WAN ig WHO hi up His ARMN 71 1-j ;11 f 1 so BONN 1 aL Win 1 NO mv-Plim i HHMHI 1 ROME 11011 On 111 E E EXHIBIT "B" RETAINING WALL MAINTENANCE AGREEMENT 9 Rev.4/2007 4 C it A Z • Zsiy y — `y 3`i W 7' 1'X' O m F �3 W W irc ' IIl; _ E { > o W Z CL CL a r J � I Q f O f i �-i YS L . / I (DI s° L J L J r dole _ _ atl�hUn[W —___•I�H 30ltu:hu___ ..:'__ w J E g 5 j gig F! �3wgJ 3 u� € gga a s� Q 2 6 8 Q° 6 _ Q °az3°3 RaB w and ddz ti getaLL je 1 E ae o is PH m iz V� ,Z-fL _--r—___---_—_s------ /f? a� / / 77 ) % Ed �_ ■E * ;{§ NAB gg \§f§ g` E! ; ^ � � ■ , Li 6) ; > . . . . . / \ A � j E 22. ! / ` ¥ , , ` ! ; 2) - _ . � ±� ui | Ld _ \ . � . \ , � (( \ ! \ ! ) § � & 6 2 \% 0 4 R wn'S E Emm3 28 A W Lx cn 1.5 g a` J° Wei C5 °U?3 W' g° �FA a3� � � E° g� x �3za lg� 3 n g fiv la ul zf + Q o$ s I1—I „. g F=—i IIiI�I q I r7 'd° VIE Z I �b 1II o ro ens �pe IF w o " g°ema I la� l III a? III�III�II . ,�I1= .s S ,•€ ..u a U � U N n S R m $ h 3 0 5 W ' § uj 4 Ld ...K W O If_ Q . 11 x ° fx- LL, —� s .9 Page 1 of 5 D215007941 11141201510:18AP PGS 5 Fee: $32.00 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records 1,6�/ J l�r�*'(pw 4+.e. Mary Louise Garcia 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 WITH VENDOR'S LIEN STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT LNR CPI PRESIDIO RETAIL, LLC, a Texas limited liability company ("Grantor") for and in consideration of the sum of$10.00 cash in hand and a promissory note of even date herewith (the "Note") in the original principal amount of Two Million,Nine Hundred Seven, One Hundred Forty and No/100 Dollars($2,907,140.00)executed by Grantee(as defined below) and payable to the order of Southwest Bank("Lender"),the payment of which Note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith from Grantee to Vernon W. Bryant, Jr.,as Trustee,for the benefit of Lender, and other good and valuable consideration paid by VAQUERO MG PRESIDIO PARTNERS II,LP,a Texas limited partnership("Grantee"),whose mailing address is 3211 W. 4" St., Fort Worth, Texas 76107-2114 HAS GRANTED, BARGAINED, SOLD and CONVEYED,and by these presents DOES GRANT, BARGAIN, SELL and CONVEY unto Grantee all that certain land situated in Tarrant County, Texas, and described on Exhibit A which is attached hereto and incorporated herein by reference for all purposes(the"Property"). This conveyance is made subject and subordinate to the Approved Conditions of Title set forth in ExhibitB attached hereto and incorporated herein by reference for all purposes, but only to the extent they affect or relate to the Property, and without limitation or expansion of the scope of the special warranty herein contained. Grantor does hereby reserve unto Grantor, and Grantor's successors and assigns, all of Grantor's right,title and interest in the oil, gas and other minerals that may be taken, saved, produced or extracted from the Property; provided, however, that Grantor hereby waives, for itself and its successors and assigns,its rights to use the surface of the Property for exploring, drilling,producing,or any other activity in connection with said reserved mineral interests but reserves, for itself and its successors and assigns, the rights to develop and produce such oil, gas and other minerals by pooling or by directional or horizontal drilling from surface sites located on other lands, provided that under no circumstances shall there be any penetrations onto the surface of Property,nor shall there be any interference with the surface or subsurface support of any improvements constructed or to be constructed on the Property, and such drilling shall be subject to the terms,provisions, and conditions of that certain Surface Use and Indemnity Agreement, filed 09/27/2004, recorded in ec# D204302113, Real Property Records, Tarrant County, Texas,the First Amendment to Surface Use and Indemnity Agreement filed 09/1 8/2007, recorded in cc# D207333137,Real Property Records,Tarrant County,Texas,the Second Amendment to Surface Use and Indemnity Agreement filed 04/20/2009, recorded in ce# D209105036, Real Property Records, Tarrant County, Texas, and Amendment to Surface Use Agreement recorded at cc# D210266250, Real Property Records,Tarrant County,Texas,and any applicable permits,ordinances and laws. TO HAVE AND TO HOLD the Property, subject to the Approved Conditions of Title, unto Grantee, and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor, and SPECIAL WARRANTY DEED WITH VENDOR'S LIEN—Page 1 3292766 v2 Grantor's successors and assigns to WARRANT and FOREVER DEFEND, all and singular the Property, subject to the Approved Conditions of Title, 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,but with full substitution and subrogation of Grantee in and to all covenants of warranty by parties other than Grantor heretofore given or made with respect to the rights, titles, and interests herein conveyed or any part thereof. For the same consideration, Grantor hereby GRANTS, BARGAINS, SELLS and CONVEYS, without warranty express or implied, all interest, if any, of Grantor in (i) strips or gores, if any, between the Property and abutting properties and(ii)any land lying in or under the bed of any street,alley,road or right-of-way,opened or proposed,abutting or adjacent to the Property. Except as specifically stated herein,Grantor hereby specifically disclaims any warranty,guaranty, or representation, oral or written, past, present or future, of, as, to, or concerning (i) the nature and condition of the Property, including but not by way of limitation, the water, soil, geology and the suitability thereof, and of the Property, for any and all activities and uses which Grantee may elect to conduct thereon or any improvements Grantee may elect to construct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii)the manner of construction and condition and state of repair or lack of repair of any improvements located thereon;(iii)except for any warranties contained herein,the nature and extent of any easement, right of way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; and (iv)the compliance of the Property or the operation of the Property with any laws,rules,ordinances,or regulations of any government or other body. THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" BASIS, AND GRANTEE ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENTS OF GRANTOR HEREIN, EXCEPT AS OTHERWISE SPECIFIED HEREIN, GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY. But it is expressly agreed and stipulated that the vendor's lien, as well as superior title in and to the Property are hereby reserved and retained against the Property until the Note, and all interest thereon, is fully paid according to the terms of the Note,at which time this deed will become absolute. Lender, at Grantee's request,has paid in cash to Grantor,that portion of the purchase price of the Property evidenced by said Note.The vendor's lien and superior title to the Property are retained for the benefit of Lender and are transferred to the Grantee without recourse to the Grantor. Grantee, by its acceptance hereof, does hereby assume and agree to pay any and all ad valorem taxes and special assessments pertaining to the Property for calendar year 2015 and subsequent years, there having been a proper proration of ad valorem taxes for the current calendar year between Grantor and Grantee. (The signature page is on the next page.) SPECIAL WARRANTY DEED WITH VENDOR'S LIEN—Page 2 3292766 Q EXECUTED this day of January,2015. GRANTOR: LNR CPI PRESIDIO RETAIL,LLC, a Texas limited liability company By: LNR CPI A&D Holdings,LLC, a Delaware limited liability company, Its: Member By: LNR Commercial Properly Investment Fund Limited Partnership, a Delaware limited partnership, Its: Member By: LNR CPI Fund,GP, LLC, a Delaware limited liability compan , Its en ral Partner By:_ Ricard B.Kern, Vice President STATE OF CALIFORNIA '� § COUNTY OF LDS Anw . § On January 2015, before me,5 $ej- �aware personally appeared Ricard B. Kern, Vice President, of LNR GPI Fund, GP, LL , ted liabil ity company, General Partner of LNR Commercial Property Investment Fund Limited Partnership, a Delaware limited partnership, Member of LNR CPI A&D Holdings, LLC, a Delaware limited liability company, Member of LNR CPI PRESIDIO RETAIL, LLC, a Texas limited liability company, all behalf of said limited liability company, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and'ackalowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument, and the entity upon behalf of_ which the person acted and executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California, that the foregoing paragraph is true and correct. WITNESS my hand and official Seal. (SEAL) ` Notary Public in and for the State ylf C (a SHEENA A.BELLINGEA Name(print):_ Commisslon*2029421 •d Notary Publle•Calltornla z My Commission Expires: tgo) Los Angeles County My Comm.Expires Jul 1.2017 SPECIAL WARRANTY DEED—Page 3 3292766 v2 Exhibit"A" Property Description Tract 1: ff ee Simple) Being a portion of Lot 3R5, Block D, The Presidio Addition, an addition in the City of Fort Worth, Tarrant County, Texas according to the plat recorded under Instrument Number D214239672 of the Official Public Records of Tarrant County,Texas,being more particularly described as follows; BEGINNING at a mag nail with a washer stamped "JPH LAND SURVEYING" set on the west line of said Lot 3R5; THENCE NORTH 00 degrees 00 minutes 00 seconds EAST, 159.27 feet with the west line of said Lot 3R5 to a 1/2.inch capped rebar stamped"JPH LAND SURVEYING" set; THENCE NORTH 33 degrees 19 minutes 36 seconds EAST, 158.22 feet through the interior of said Lot 3R5 to an angle point in the north line of said Lot 3R5(point not set due to high water); THENCE SOUTH 49 degrees 05 minutes 05 seconds EAST, 110.10 feet with a north line of said Lot 3R5 to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set previously by this surveyor at an angle point in the north line of said Lot 3R5; I THENCE SOUTH 84 degrees 00 minutes 54 seconds EAST,274.31 feet with a north line of said Lot 3R5 to a 1/2 inch capped rebar with an illegible stamp found at the northeast corner of said Lot 3R5; THENCE SOUTH 04 degrees 09 minutes 07 seconds WEST, 191.26 feet with the west right of way line of Interstate Highway 35W as described in the deed to the City of Fort Worth recorded under Instrument Number D204300326 of the Official Public Records of Tarrant County, Texas to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING"; THENCE NORTH 90 degrees 00 minutes 00 seconds WEST, 429.10 feet through the interior of said Lot 3R5 to the POINT OF BEGINNING,containing±95,465 square feet or 2.191 acres. Tract 2: (Tee Simple) Being a portion of Lot 3R5, Block D, The Presidio Addition, an addition in the City of Fort Worth, Tarrant County, Texas according to the plat recorded under Instrument Number D214239672 of the Official Public Records of Tarrant Comity,Texas, being more particularly described as follows: BEGINNING at a mag nail with a washer stamped "JPH LAND SURVEYING" set on the west line of said Lot 3R5; THENCE NORTH 90 degrees 00 minutes 00 seconds EAST, 429.10 feet through the interior of said Lot 3R5 to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set previously on the west right of way line of Interstate Highway 35W as described in the deed to the City of Fort Worth recorded under Instrument Number D204300326 of the Official Public Records of Tarrant County,Texas; THENCE SOUTH 04 degrees 09 minutes 07 seconds WEST, 70.45 feet with said west right of way line of Interstate Highway 35W to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set SPECIAL WARRANTY DEED WITH VENDOR'S LIEN—Page 5 3292766 v2 previously at the beginning of a tangent curve concave to the east having a radius of 5759.58 feet; THENCE southerly coincident with the curving said west right of way line of interstate Highway 35W an are length of 129.98 feet to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set previously by this surveyor at the beginning of a non-tangent line to the aforementioned curve being the southeast corner of said Lot 3R5; THENCE NORTH 90 degrees 00 minutes 00 seconds WEST, 416.05 feet with the south line of said Lot 3R5 to a mag nail with washer stamped "JPH LAND SURVEYING" set previously by this surveyor at the southwest corner of said Lot 3R5; THENCE NORTH 00 degrees 00 minutes 00 seconds EAST, 200.00 feet with the west line of said Lot 3R5 to the POINT OF BEGINNING,containing±84,431 square feet or 1.938 acres. Tract 3: (Easement Estate) Non-Exclusive Easement Estate as created by Constructions, Operations and Reciprocal Easement Agreement, filed 08/28/2013, recorded under Instrument Number D213228795, Official Public Records, Tarrant County,Texas. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN—Page 6 3292766 v2 Exhibit"B" Approved Conditions of Title 1. Restrictive covenants described in instrument filed 02/20/2001, recorded in Volume 14735, Page.212, Real Property Records, Tarrant County, Texas. Amended by instrument filed 03/29/2005, recorded in ec# D205083357, Real Property Records,Tarrant County,Texas, and by instrument filed 02/10/2006, recorded in cc#D206041372,Real Property Records,Tarrant County,Texas. 2. Restrictive covenants described in instrument filed 04/22/2005, recorded in cc# D205113431, Real Property Records,Tarrant County, Texas. 3. Restrictive covenants described in instrument filed 10/20/2011, recorded in cc# D211254934, Real Property Records, Tarrant County, Texas. Amended by First Amendment filed 08/28/2014, recorded in cc#D213228801, Real Property Records, Tarrant County,Texas, 4. Restrictive covenants described in instrument filed 03/07/2014, recorded in cc# 1)214045168, Plat Records, Tarrant County,Texas. 5. Restrictive covenants described in instrument filed 08/28/2013, recorded in cc# D213228795, Real Property Records,Tarrant County,Texas. 6. Restrictive covenants described in instrument filed 08/28/2013, recorded in cc# D213228798, Real Property Records,Tarrant County, Texas, 7. Restrictive covenants described in instrument filed 08/28/2013, recorded in cc# D213228800, Real Property Records,Tarrant County, Texas. 8. Restrictive covenants described in instrument filed 10/01/2014, recorded in cc# D214216208, Real Property Records,Tarrant County,Texas. 9. Restrictive covenants described in instrument filed 10/31/2014, recorded in cc# D214239672, Plat Records,Tarrant County,Texas. 10. Terms, provisions, conditions, and obligations contained in Compensatory Mitigation Plan as evidenced in Notice of Restrictions, filed 04/22/2005, recorded in ce# D205113431, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439. 11. Easement granted by Societe Generale Financial Corporation, to the City of Fort Worth, filed 02/07/2003, recorded in Volume 16382, Page 256, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439. 12. Mineral estate and interest in coal, lignite and other minerals together with all rights, privileges and immunities thereto described in instrument filed 04/22/1939, recorded in Volume 1387, Page 522, SPECIAL WARRANTY DEED WITH VENDOR'S LIEN-Page 7 3292766 Q Real Property Records, Tarrant County, Texas. Title to said interest not checked subsequent to the date thereof. 13. Title to all coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges, and immunities relating thereto, all of such interest, to the extent not previously reserved or conveyed being described in instrument filed 02/20/2001, recorded in Volume 14735, Page 226, Real Property Records, Tarrant County, Texas. Title to said interest not checked subsequent to the date thereof. 14. Easement granted by Presidio Vista 1, Ltd., to Oncor Electric Delivery Company, flied 05/04/2004, recorded in cc# D204135140, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015,prepared by Robert A. Hansen,RPLS No. 6439. 15. Limited or lack of access to road or highway abutting subject property as set forth in instrument filed 09/24/2004,recorded in cc#D204300327,Real Property Records,Tarrant County,Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439. . 16. Limited or lack of access to road or highway abutting subject property as set forth in instrument filed 09/24/2004,recorded in cc#D204300326, Real Property Records, Tat-rant County,Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439. 17. Easement granted by Presidio Vista 1, Ltd., to the State of Texas, filed 09/24/2004, recorded in cc# D204300328, Real Property Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439. 18. Permanent Water Main Easement granted by Presidio Vista 1, Ltd., to the City of Fort Worth, filed 12/12/2005,recorded in cc#D205367442, Real Property Records,Tarrant County,Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No. 6439. 19. Terms, provisions, and conditions of Surface Use and Indemnity Agreement, filed 09/27/2004, recorded in cc# D204302113, Real Property Records, Tarrant County, Texas. First Amendment to Surface Use and Indemnity Agreement filed 09/18/2007, recorded in cc#D207333137, Real Property Records, Tarrant County, Texas. Second.Amendment to Surface Use and Indemnity Agreement filed 04/20/2009, recorded in ec# D209105036, Real Property Records, Tarrant County, Texas. Amendment to Surface Use Agreement filed 10/27/2010, recorded in cc#D210266250, Real Property Records, Tarrant County,Texas. 20. Terms, provisions, conditions, easements, obligations, assessments and liens contained in instrument filed 10/20/2011, recorded in cc# D211254934, Real Property Records,Tarrant County, Texas,which states that assessment liens are subordinate to purchase money liens. Together with any and all supporting documents thereto. 21. Terms, provisions, and conditions of Unified Sign Agreement filed 12/16/2011, recorded in cc# D211303040,Real Property Records,Tarrant County,Texas. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN-Page 8 3292766 v2 22. Mineral lease together with all rights, privileges and immunities incident thereto, to Aspect Abundant Shale LP, from Foley Legacy Land, Ltd. described in instrument filed 11/30/2007, recorded in ce# D207425539, Real Property Records, Tarrant County, Texas, also filed 12/17/2007, recorded in cc# D207446582, Real Property Records,Tarrant County, "Texas. First Amendment to Oil and Gas Lease filed 10/04/2011, recorded in cc# D211240575, Real Property Records, Tarrant County, Texas. Title to said interest not checked subsequent to the date thereof. 23. Terms, provisions, conditions, and easements contained in Constructions, Operation and Reciprocal Easement Agreement, filed 08/28/2013, recorded in cc#D213228795, Real Property Records,Tarrant County, Texas. 24. Terms, provisions, and conditions of Shared Maintenance Agreement, filed 08/28/2013, recorded in cc#D213228797,Real Property Records, Tarrant County,Texas. 25. The following easements and/or building lines, as shown on plat filed 10/31/2014, recorded in ce# D214239672, Plat Records, Tarrant County, Texas, as reflected on the Survey dated 11/20/2014, last revised 01/05/2015, prepared by Robert A. Hansen, RPLS No.6439: 10' utility easements; 15' private drainage easement; 10' no build easement; Portions of 31' public access easements; 15' utility easement; Signage easements; 15'water easement Flood Plain easement; FEMA Zone AE, 26. Terms, provisions, conditions, and easements; contained in Sign Easement and Cost Sharing Agreement, filed 04/11/2014, recorded in ce# D2 1 40729 1 1, Real Property Records, Tarrant County, Texas as affected by Assignment of Rights and Grant of Access Easement Agreement filed 07/02/2014,recorded in cc# D214140851,Real Property Records, Tarrant County,Texas. 27. Terms, provisions, conditions, and easements contained in Assignment of Rights and Grant of Access Easement Agreement, filed 07/02/2014, recorded in cc# D214140851, Real Property Records, Tarrant County, Texas. 28. Amended and Restated Non-Exclusive Utility Easement granted by LNR CPI Presidio Retail, LLC to Oncor Electric Delivery Company, LLC, filed 10/13/2014, recorded in cc# D214223601, Real Property Records,Tarrant County,Texas. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN—Page 9 3292766 Q Page 1 of 10 D215117804 6/312015 3:10 PM PGS 10 Fee: $52.00 Submitter. SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records Mary Louise Garcia GF#1002-102464-A CORRECTION INSTRUMENT (NON-MATERIAL CORRECTION,Texas Property Code See.5.028) THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT BEFORE ME,the undersigned, a Notary Public in and for said County, State of Texas, on this day personally appeared Patti Windle to me well known,and who,after being by me duly sworn,deposes and says that: My name is Patti Windle,I am a Sr.Vice President employed by Republic Title of Texas,Inc.and I am a'person with personal knowledge'of the facts set forth herein, as defined in Section 5.028(a),Texas Property Code, as added by S.B. 1496. The Special Warranty Deed with Vendor's Lien filed of record on 01/14/2015, under County Clerk's File No. D215007941, Official Public Property Records of Tarant County, Texas, is in error(s) in the following respects: The Exhibit `°B" to said document was inadvertently omitted from the document when originally recorded. The error(s) are corrected as follows: The Exhibit "B" has been attached to the Special Warranty Deed for refiling, a copy of the complete document is attached hereto and made a part hereof for all purposes. This correction is based on my review of the recorded Special Warranty Deed with Vendor's Lien referenced herein. A copy of this Correction Affidavit is being sent via email to the attorneys for the Grantor and Grantee in this Special Warranty Deed,as evidenced by the cover letter emailed to such party attached hereto and made a part hereof for all purposes." FURTHER AFFIANT SAITH NOT. Executed to this P day of June,2015, JL. Patti Windle STATE OF TEXAS COUNTY OF DALLAS The above and foregoing instrument was acknowledged subscribed and sworn to before me,the undersigned authority,on this 3rd day of June,2015,by Patti Windle. yam— �,<►�Y��� MARYBETH K. BUTLER Public ,/Notary Public,State of Texas Notary State of Texas Texas �„ Comm. Expires 07/24/2018