HomeMy WebLinkAboutContract 48053 CITY SECRUAffif CONTRACT No.:-qS-053
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT
BODYCOTE THERMAL PROCESSING,INC. and CITY OF FORT WORTH,TEXAS
WHEREAS, Bodycote Thermal Processing, Inc., a Delaware corporation and a wholly-
owned subsidiary of Bodycote USA, Inc., with authority to do business in the State of Texas,
located at 2005 Montgomery Street,Fort Worth,Tarrant County, Texas 76107(variously referred
to as the "Seller," or "Grantor," or "Bodycote") is the fee simple owner of that certain real
property described in the attached Exhibit"A"(the"Real Property")and all buildings,structures
and other improvements thereon (collectively with the Real Property, the "Subject Property"),
and has agreed to sell the Subject Property to the City of Fort Worth,Texas;
WHEREAS, the City of Fort Worth,Texas, a home rule municipal corporation organized
under the laws of the State of Texas, 1000 Throckmorton, Fort Worth, Tarrant County, Texas
76102 (variously referred to as the"Buyer,"or"Grantee,"or"City"), has agreed to purchase the
Subject Property from Seller;
WHEREAS,the City(as the"Landlord"),has also agreed to lease back to Bodycote the
Subject Property,together with existing improvements, on the lease terms and conditions agreed
and stated in this Agreement;
WHEREAS,Bodycote(as the"Tenant"), has also agreed to lease back from the City the
Subject Property,together with existing improvements,on the lease terms and conditions agreed
and stated in this Agreement; and
WHEREAS, Bodycote and the City enter into this Purchase and Sale and Temporary
Possession Lease Agreement (this "Agreement") with the promises by Bodycote and the City
stated in this Agreement as the consideration for the formation of this Agreement.
IT IS,THEREFORE, AGREED:
1. Bodycote shall convey to the City the Subject Property and any rights,titles,estates,and
interests of Bodycote in and to adjacent streets,easements,alleys, and rights of way in,on,
in front of, abutting or adjoining the Subject Property, by the terms and conditions of a
"Special Warranty Deed," in the form and according to the terms of the"Special Warranty
Deed" attached hereto as Exhibit "B" (the "Deed"). At the expiration of the Term
(hereinafter defined),but not prior thereto, the Subject Property shall also include any and
all personal property, fixtures and equipment of Bodycote located on the Real Property or
within any improvements located on the Real Property at the expiration of the Term(the
"Remaining Property").
2. The City shall pay Bodycote Six Million Nine Hundred Ninety-Five Thousand and no/100— n
Dollars($6,995,000.00) as the real property purchase price(the"Real Property Purchase. -n 1
Price")by wire transfer to the Alamo Title Company,in trust for Bodycote,at the Closing -� n
(as defined in Section 3 of this Agreement).
—1 0 0
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page I of I >C
AUG a(MiCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS P AP
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CRYSEGREfARY
3. The closing shall occur within 3 calendar days of Bodycote providing written notice to the
City of Bodycote's desire to close the transaction,but, in no event, later than 5:00 o'clock,
p.m., CDT, July 11, 2016 (the "Closing"). The Closing will occur at Alamo Title
Company, 2900 S. Hulen, Suite 30,Fort Worth,Texas 76109, or the Closing may also take
place by mail or other means as mutually agreed in writing by the Seller and Buyer.
Closing shall be subject to and conditioned upon delivery by Bodycote and City,
respectively, of all items listed in Sections 5 and 6 of this Agreement, including, for the
avoidance of doubt, the entire Real Property Purchase Price.
4. Title Policy. At the Closing, and as a condition to closing, City shall have, at City's sole
cost and expense, received a Commitment for Title Insurance ("Title Commitment")
covering the Subject Property setting forth the status of the title of the Subject Property,
showing all encumbrances and other matters determined by the issuer thereof to affect the
title to the Subject Property and binding the Title Company to issue a Texas Owner's Policy
of Title Insurance on the standard form prescribed by the Texas State Board of Insurance
at the Closing, in the full amount of the Real Property Purchase Price and dated effective
as of the date and time of Closing, insuring Buyer's fee simple title to the Subject Property
to be good and indefeasible (the "Title Policy").
5. At Closing Bodycote shall do the following:
a. Execute and deliver the Deed;
b. Deliver this Agreement executed by a duly authorized representative of
Bodycote as Seller and Tenant;
c. Deliver to Purchaser an executed affidavit in accordance with the provisions
of Section 1445 of the Internal Revenue Code of 1986, as amended, certifying
that Seller is not subject to the respective withholding provisions;
d. Execute and deliver (or, where applicable, obtain for delivery) to the Title
Company any other instruments reasonably necessary to close this Agreement
which sellers customarily execute or obtain for title companies and escrow
agents, including (without limitation) an affidavit as to debts, liens, and
possession reasonably acceptable to the Title Company for the issuance of the
Title Policy as contemplated herein;
e. Deliver to Title Company evidence reasonably satisfactory to the Title
Company that the Closing is authorized by all necessary organizational action
of Seller and that the person executing the closing, documents on behalf of
Seller has full right, power and authority to do so; and
f. Execute and deliver any and all documents reasonably required to convey the
Subject Property to the City free and clear of all encumbrances except those
encumbrances set forth in the Title Commitment issued by the Title Company
prior to Closing.
6. At Closing the City shall deliver the following items:
a. Real Property Purchase Price;
b. This Agreement executed by a duly authorized representative of the City as
Buyer and Landlord; and
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BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH, TEXAS
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c. Payment of all Closing costs and title insurance premiums but not Bodycote's
attorney's fees or the cost of any releases of encumbrances placed on the
Subject Property by Bodycote.
7. General real estate taxes for calendar year 2016 and special assessments(if any) applicable
to calendar year 2016 shall be prorated as of the Closing date based on the 2015 tax bill,
with such proration to be adjusted in cash between the parties, based on actual taxes or
assessments for calendar year 2016 at the time such actual taxes or assessments are
determined.
8. Bodycote shall continue to own and has the right to remove or salvage all items, fixtures,
furniture, files, and equipment located on the Subject Property until December 31,2016.
Effective as of January 1, 2017, Bodycote hereby and herein sells, transfers, sets over, and
conveys all Remaining Property located on the Subject Property to the City and
Bodycote expressly disclaims any and all interest in the Remaining Property as of
January 1,2017. Bodycote warrants that it is the lawful owner of the Remaining Property
and that the Remaining Property is free and clear of all liens, security agreements,claims,
demands and charges. The Remaining Property transferred to the City pursuant to this
paragraph is accepted by the City AS IS, WHERE IS, AND WITHOUT ANY
WARRANTIES OF WHATSOEVER NATURE, EXPRESS OR IMPLIED,
EXCEPT FOR TITLE, IT BEING THE INTENTION OF BODYCOTE AND THE
CITY TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES,EXCEPT
TITLE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE,
WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE
OR BY ANY DESCRIPTION OF THE PROPERTY CONVEYED HEREUNDER,
OR BY ANY SAMPLE OR MODEL THEREOF, AND ALL OTHER
WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY THE
TEXAS UNIFORM COMMERCIAL CODE.
9. The City shall accept the Subject Property "AS IS" and assumes any environmental
remediation liability required by lawful,non-appealable order issued after the Closing and
hereby releases Bodycote from any and all claims, demands, and causes of action by the
City related to any environmental condition or alleged environmental contamination that
exists (i) as of the Closing, and (ii) that exists as of the end of the Term, except for any
environmental condition resulting from Bodycote's acts outside of the Ordinary Course of
Business (hereinafter defined) occurring after Closing during the Term of the Temporary
Possession Lease (hereinafter defined). For purposes of this Agreement, "Ordinary
Course of Business"shall mean the ordinary course of Bodycote's business conducted at
the Subject Property during the thirty-six(36)months prior to the date of this Agreement.
Nothing herein shall require the City to indemnify, hold harmless, or otherwise to
reimburse Bodycote from or for third-party claims related to or arising out of Bodycote's
prior use and ownership of the Subject Property. EXCEPT AS PROVIDED IN THIS
AGREEMENT OR IN THE DEED OR OTHER CLOSING DOCUMENTS, CITY
SPECIFICALLY ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 3 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
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EXPRESS OR IMPLIED, FROM BODYCOTE AS TO ANY MATTERS
CONCERNING THE SUBJECT PROPERTY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN THE
DEED OR OTHER CLOSING DOCUMENTS,THE CITY HAS NOT RELIED AND
WILL NOT RELY ON,AND BODYCOTE HAS NOT MADE AND IS NOT LIABLE
FOR OR BOUND BY, ANY EXPRESS OR IMPLIED WARRANTIES,
GUARANTEES, STATEMENTS, REPRESENTATIONS OR INFORMATION
PERTAINING TO THE SUBJECT PROPERTY OR RELATING THERETO
MADE OR FURNISHED BY BODYCOTE OR ANY REAL ESTATE BROKER,
AGENT OR THIRD PARTY REPRESENTING OR PURPORTING TO
REPRESENT BODYCOTE, TO WHOMEVER MADE OR GIVEN, DIRECTLY
OR INDIRECTLY,ORALLY OR IN WRITING. THE CITY REPRESENTS THAT
IT IS A KNOWLEDGEABLE, EXPERIENCED AND SOPHISTICATED BUYER
OF REAL ESTATE AND THAT,EXCEPT AS EXPRESSLY SET FORTH IN THIS
AGREEMENT OR IN THE DEED OR OTHER CLOSING DOCUMENTS, IT IS
RELYING SOLELY ON ITS OWN EXPERTISE AND THAT OF THE CITY'S
CONSULTANTS IN PURCHASING THE SUBJECT PROPERTY AND SHALL
MAKE AN INDEPENDENT VERIFICATION OF THE ACCURACY OF ANY
DOCUMENTS AND INFORMATION PROVIDED BY BODYCOTE. THE CITY
WILL CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE
SUBJECT PROPERTY AS THE CITY DEEMS NECESSARY,INCLUDING,BUT
NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS
THEREOF, AND SHALL RELY UPON SAME. UPON CLOSING, CITY
ACKNOWLEDGES THAT BODYCOTE HAS AFFORDED THE CITY A FULL
OPPORTUNITY TO CONDUCT SUCH INVESTIGATIONS OF THE SUBJECT
PROPERTY AS THE CITY DEEMED NECESSARY TO SATISFY ITSELF AS TO
THE CONDITION OF THE SUBJECT PROPERTY AND THE EXISTENCE OR
NON-EXISTENCE OR CURATIVE ACTION TO BE TAKEN WITH RESPECT
TO ANY HAZARDOUS MATERIALS ON OR DISCHARGED FROM THE
SUBJECT PROPERTY, AND WILL RELY SOLELY UPON SAME AND NOT
UPON ANY INFORMATION PROVIDED BY OR ON BEHALF OF BODYCOTE
OR ITS AGENTS OR EMPLOYEES WITH RESPECT THERETO,OTHER THAN
SUCH REPRESENTATIONS, WARRANTIES AND COVENANTS OF
BODYCOTE AS ARE EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE
DEED OR THE OTHER CLOSING DOCUMENTS. UPON CLOSING,THE CITY
SHALL ASSUME THE RISK THAT ADVERSE MATTERS MAY NOT HAVE
BEEN REVEALED BY THE CITY'S INSPECTIONS AND INVESTIGATIONS.
EFFECTIVE AS OF THE CLOSING,THE CITY SHALL BE DEEMED TO HAVE
RELEASED EACH OF BODYCOTE AND BODYCOTE'S AGENTS,
AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, PARTNERS,
INVESTORS, MEMBERS, BENEFICIARIES AND ANY OTHER PERSON
ACTING ON BODYCOTE'S BEHALF (COLLECTIVELY, THE "BODYCOTE
RELATED PARTIES") FROM ALL CLAIMS WHICH THE CITY OR ANY
AGENT, REPRESENTATIVE, AFFILIATE, EMPLOYEE, DIRECTOR,
OFFICER, OR OTHER PERSON OR ENTITY ACTING ON BEHALF OF OR
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 4 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
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OTHERWISE RELATED TO OR AFFILIATED WITH THE CITY HAS OR MAY
HAVE ARISING FROM OR RELATED TO ANY MATTER OR THING
RELATED TO OR IN CONNECTION WITH THE SUBJECT PROPERTY (OR
ANY PORTION THEREOF) INCLUDING, WITHOUT LIMITATION, ANY
CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS IN THE DESIGN OR
CONSTRUCTION OF ALL OR ANY PORTION OF THE SUBJECT PROPERTY
AND ANY ENVIRONMENTAL CONDITIONS, AND THE CITY SHALL NOT
LOOK TO ANY OF THE BODYCOTE RELATED PARTIES IN CONNECTION
WITH THE FOREGOING FOR ANY REDRESS OR RELIEF, EXCEPT AS
EXPRESSLY SET FORTH IN THIS AGREEMENT OR THE DEED OR THE
OTHER CLOSING DOCUMENTS. THIS RELEASE SHALL BE GIVEN FULL
FORCE AND EFFECT ACCORDING TO EACH OF ITS EXPRESSED TERMS
AND PROVISIONS, INCLUDING, WITHOUT LIMITATION, THOSE
RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES AND
CAUSES OF ACTION.
THE TERMS AND CONDITIONS OF THIS SECTION 9 SHALL EXPRESSLY
SURVIVE THE CLOSING,AND SHALL NOT MERGE WITH THE PROVISIONS
OF ANY CLOSING DOCUMENTS OR THE DEED.
THE CITY ACKNOWLEDGES AND AGREES THAT THE DISCLAIMERS AND
OTHER AGREEMENTS SET FORTH HEREIN ARE AN INTEGRAL PART OF
THIS AGREEMENT AND THAT BODYCOTE WOULD NOT HAVE AGREED
TO SELL THE SUBJECT PROPERTY TO THE CITY FOR THE REAL
PROPERTY PURCHASE PRICE WITHOUT THE DISCLAIMERS AND OTHER
AGREEMENTS SET FORTH ABOVE.
10. Bodycote hereby and herein releases and waives its right to object to or contest the City's
right to condemn the Subject Property.
11. In addition to the Real Property Purchase Price, the City and Bodycote hereby agree to
negotiate, in good faith without delay, the relocation costs pursuant to Chapter 21 of the
Texas Property Code and the City's Relocation Assistance Rules,both before and after the
Closing described in this Agreement.
12. All signatories to this Agreement have been duly authorized by the City and Bodycote to
act for and in the name of each party signing this Agreement.
13. In consideration of the mutual promises,covenants,and agreements in this Agreement,and
other good and valuable consideration,the Landlord hereby and herein demises and leases
to Tenant, and Tenant hereby and herein leases from Landlord,the Subject Property in
the present condition"AS IS" at the Closing(the"Temporary Possession Lease").
14. This Agreement includes the Temporary Possession Lease that shall be for one lease
period only ending on the earlier to occur of (i) the date Tenant vacates the Subject
Property and provides a written termination notice to Landlord, or (ii) December 31,
2016 at 11:59 p.m., Central Standard Time (the "Term"). THERE ARE NO IMPLIED
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 5 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
Dm236836v1 4—
WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE,OR OF ANY OTHER KIND ARISING OUT OF OR IN CONNECTION
WITH THIS TEMPORARY POSSESSION LEASE AND TENANT ACCEPTS THE
SUBJECT PROPERTY IN ITS PRESENT CONDITION, AS-IS AND WITH ALL
FAULTS. Tenant shall vacate and surrender the Subject Property to Landlord and
return to Landlord all keys to the Subject Property by or before the end of the Term. No
notices of vacation or surrender shall be required of Landlord to the Tenant as a condition
precedent to Tenant's mandatory vacation and surrender of the Subject Property to
Landlord.
15. Tenant and Landlord agree and acknowledge that the Subject Property is unique and
failure of Tenant to vacate and surrender possession of the Subject Property to Landlord
immediately at the end of the Term will damage Landlord in ways that cannot be
adequately compensated by a monetary award. If Tenant fails to surrender immediate
possession of the Subject Property to Landlord at the end of the Term, Landlord, in
addition to all other remedies available to Landlord, shall have the right to seek a court
order requiring Tenant to specifically and immediately surrender possession of the
Subject Property to the Landlord. Tenant and Landlord expressly agree that upon
failure of Tenant to vacate and surrender possession of the Subject Property to Landlord
at the expiration of the Term, Landlord, at its sole election, may:
a. Pursue an action for eviction in the appropriate Justice of the Peace Court,
Tarrant County, Texas,upon three(3)day's notice to vacate pursuant to Texas
Property Code § 24.005; or
b. Seek an immediate mandatory permanent injunction (the "Injunction"),
without bond and upon presentation of this Temporary Possession Lease
agreement to a court without fi>rther hearing on the merits, with three days'
actual notice of the hearing to Tenant, ordering Tenant to vacate and
surrender immediate possession of the Subject Property to Landlord, for
which issuance of the Injunction Tenant herein and hereby stipulates (solely
for and limited to Landlord's request for the mandatory permanent injunction
herein described and not as an admission against interest in any other
proceeding or litigation) (i) irreparable injury to real or personal property is
threatened, irrespective of any remedy at law (Tex. Civ. Prac. & Rem. Code
§65.011(5))by Tenant's failure to vacate and surrender immediate possession
of the Subject Property to Landlord, as of 12:01 a.m., January 1, 2017, (ii)
Tenant waives its right to a jury trial on the Landlord's request for an
immediate issuance of the Injunction, (iii)Tenant submits to the jurisdiction
of all State district and county courts-at-law in Tarrant County, Texas, for
issuance of the Injunction,(iv)Tenant hereby and herein waives all Tenant's
lawful and equitable defenses to the issuance of the Injunction provided by
Texas or other applicable law, and(v)Tenant shall be liable for all reasonable
and necessary attorney's fees and costs of court incurred by Landlord in
obtaining and enforcing the Injunction; and
c. Pursue any other lawful or equitable remedy in any court of competent
jurisdiction.
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BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
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16. This Temporary Possession Lease is granted by Landlord to Tenant solely for the
purposes of Tenant conducting Tenant's current operations as conducted at the time of the
Closing and for all activities required during the Term for Tenant to remove and relocate
its items, fixtures, furniture, files, and equipment located on the Subject Property and by
not later than the expiration of the Term. During the Term, Tenant shall, at Tenant's
expense,comply promptly with all applicable laws, statutes, ordinances, rules, regulations,
orders and requirements in effect during the Term or any part of the Term hereof regulating
the use by Tenant of the Subject Property.
17. Tenant shall not permit any lien or encumbrance to attach to the Subject Property during
the Term or thereafter if the lien or encumbrance arises out of or is related to the Term
regardless of when the lien or encumbrance is attached to the Subject Property.
18. During the Term, Landlord with two days' prior written notice to Tenant shall have the
right of access to the Subject Property for all reasonable purposes, including without
limitation, future construction planning, subject to (i) Tenant's security procedures and
Landlord and its representatives' execution of a "Consent for Access to Property and
Waiver of Liability" in substantially the form attached hereto as Exhibit "C," and (ii)
without interruption or interference of Tenant's normal and customary business
operations.
19. Tenant shall be responsible for and shall satisfy timely all liability for the following during
the Term of the Temporary Possession Lease:
a. Compliance with all federal, state, municipal, and other laws, ordinances,
rules, and regulations applicable to the Tenant's use and operations on the
Subject Property;
b. All utilities provided to the Subject Property during the Term;
c. Rent payable monthly in arrears to the Landlord and prorated for any partial
month at the monthly rate of One U.S. Dollar($1.00);
d. Discharge all liens, encumbrances, and other charges arising out of Tenant's
use or occupancy of the Subject Property or a part thereof, or by reason of
any construction, alteration, addition, repair, or demolition of any part of the
Subject Property performed, permitted, or caused by, through, or under
Tenant;
e. All costs incurred in connection with Tenant's use and operations during the
Term; and
f. All costs for maintaining all insurance coverages maintained by Tenant
immediately prior to the Closing).
During the Term, Landlord shall not be liable to Tenant for any claims for business
interruption or loss resulting from any fire or other casualty with respect to the Subject
Property, and Tenant hereby waives and releases Landlord from all such claims, EVEN
IF SUCH LOSS RESULTS FROM THE NEGLIGENCE OF LANDLORD OR ITS
AGENTS OR EMPLOYEES.
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BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
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Except as expressly set forth in this Agreement or the Deed or the other closing documents,
during the Term of this Temporary Possession Lease,neither Landlord nor Tenant shall
be liable (by way of subrogation or otherwise) to the other party (or to any insurance
company insuring the other party) for any loss or damage to any of the property of
Landlord or Tenant, as the case may be, with respect to their respective property,
additions or improvements to the Subject Property, or any contents therein, or any losses
in connection therewith, to the extent the same could be covered by so-called"all-risk" or
"causes of loss — special form" property casualty insurance (even if such coverage is not
maintained by the party sustaining such loss), and EVEN THOUGH SUCH LOSS
MIGHT HAVE BEEN OCCASIONED BY THE NEGLIGENCE OR WILLFUL
ACTS OR OMISSIONS OF THE LANDLORD OR TENANT OR THEIR
RESPECTIVE EMPLOYEES,AGENTS, CONTRACTORS OR INVITEES.
20. All required notices to Landlord or Tenant shall be provided in writing, sent by e-mail
with receipt confirmation required, by public or private express mail, or by U.S. Certified
Mail, Return Receipt Requested, postage prepaid, to the other party at the following
addresses:
a. To Landlord: The City of Fort Worth, c/o Chris Mosley, Assistant City
Attorney, 1000 Throckmorton, Fort Worth, Texas 76102; and
b. To Tenant: Bodycote Thermal Processing, Inc., c/o Michael Schonberg,
Thompson & Knight, LLP, One Arts Plaza, 1722 Routh Street, Suite 1500,
Dallas, Texas 75201.
21. This Agreement shall be construed and enforced according to the laws of the State of
Texas, including the right of specific performance but excluding Texas conflict of laws
principles, with exclusive venue in the Texas state courts of Tarrant County, Texas.
22. TENANT SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND,
AND HOLD HARMLESS LANDLORD AND LANDLORD'S
REPRESENTATIVES, EMPLOYEES AND AGENTS (COLLECTIVELY,
"LANDLORD INDEMNITEES") FOR, FROM, AND AGAINST ANY AND ALL
CLAIMS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, SUITS,
JUDGMENTS, AND EXPENSES (INCLUDING COURT COSTS, ATTORNEYS'
FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND, OR
DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF INJURY
TO OR DEATH OF ANY PERSON ON THE SUBJECT PROPERTY DURING THE
TERM OF THIS TEMPORARY POSSESSION LEASE AT THE REQUEST OF
TENANT (AND NOT ANY OTHER PERSON, INCLUDING ANY EMPLOYEES,
AGENTS, CONTRACTORS OR VENDORS OF LANDLORD) TO THE EXTENT
ARISING FROM THE USE OR OCCUPANCY OF THE SUBJECT PROPERTY
BY TENANT,ITS EMPLOYEES,CUSTOMERS,AGENTS,OR CONTRACTORS,
REGARDLESS OF LANDLORD'S CONCURRENT NEGLIGENCE (BUT NOT
TO THE EXTENT ARISING FROM THE SOLE NEGLIGENCE OR GROSS
NEGLIGENCE OF LANDLORD OR ANY LANDLORD INDEMNITEES).
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 8 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
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23. During the Term of this Temporary Possession Lease, no materials or substances may
be stored, used,transported, or disposed of on or near the Subject Property by Tenant or
Tenant's agents, employees, invitees, or contractors, whether such substances or materials
be in solid, liquid, or gaseous form that are regulated under applicable federal or state law
unless such substances have been historically stored, used, transported, or disposed of by
Bodycote on the Subject Property.
24.Neither party, in any capacity, may assign this Agreement without the prior written
consent of the other party.
25. The parties to this Agreement do not intend for any provision of this Agreement to be
limited exclusively to the purchase and sale transaction or the Temporary Possession
Lease transaction herein contained. No presumptions shall arise or be enforced against the
drafter of this Agreement since both parties have been represented by legal counsel in the
negotiation and drafting of this Agreement.
26. This Agreement may be amended only by a written instrument signed by the City and
Bodycote. Neither party hereto shall rely on any verbal representations or agreements
made by the agents or employees of the other party that are not reduced to written
instrument signed by the parties hereto.
Signature Page to Follow.
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 9 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
Dm236836v i �y
r.
SELLER/GRANTOR/TENANT
BODYCOTE THERMAL PROCESSING,INC.,
a Delaware corporation
By:
Name( rinted): Thomas J. ibbons
Its: President, Aerospace, Defense, and Energy Division
GRANTEE/LANDLORD/CITY
THE CITY OF FORT WORTH,TEXAS, on r
a Texas Home Rule Municipal Corporation
By: Aid"r
N e (P ted): Susan Alanis
Its: ant City Manager Mary J. Ka P,dity
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 116t* day of
2016, by Thomas J. Gibbons, President, Aerospace, Defense and Energy Division of Bodycote
Thermal Processing, Inc., on behalf of said Corporation.
°6t MARGO SMITH
' NOTARV PUBLIC STATE TEUS Notary P lic, State of Texas
08-02-2016 Notary's Name(printed): K o c Si%t+-�
Notary's ID#: al/ 711 - 4
Notary's commission expires: 04- 02--2o/(o
` OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT -Pag&444f4A-
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
Dm2368360
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the�Y day of_ ,
2016, by Susan Alanis, Assistant City Manager of the City of Fort Worth, a Te s home rule
municipal corporation on behalf of said City of Fort Worth.
REM. NIRRLINGER,Slate of Texos Notary Public, State of Texas
res 02-02-2018 Notary's Name(printed): In _12414414-6 CILA
Notary's lD# 1d4tgt21q-4
Notary's commission expires:
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 11 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
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EXHIBIT"A"
REAL PROPERTY
EXHIBIT "A"
A BOUNDARY SURVEY OF TRACTS 1 AND 2
ROSS HEIGHTS ADDITION
PROPERTY DESCRIPTION
TRACT 1
BEING o tract of land situated In the Thomas White Survey, Abstract No. 1638. City of Fart Worth, Tarrant County, Texas,being all
of Lots 2-9 air 12-19, Block 13, Rasa Heights, an addition to the City of Fart Worth, according to the plot recorded In Volume
310,Page 32, Plat Records, Tarrant County, Texas, that portion of Lots 1 &20, Block 13 of said Ross Heights Addition, excluded
from the right—af—way deeds to the City of Fort Worth,recorded in Volume 3024, Page 414 and Volume 3094, Pogo 98. Deed
Records. Tarrant County, Texas, being that portion of the 15' Allay in Black 13 of said Rase Heights Addition, Vacated by City of
Fort Worth Ordinance No. 4517, recorded in Volume 3603,Page 21, Dead Records, Tarrant County, Texas, Ordinance No. 5885,
being ail of that certain tract land as described by deed to Hlndariiter Moot Treating, Inc., recorded In Volume 10110, Page 1759,
Deed Records, Tarrant County. Texas and the name was amended with the Secretary of State for Texas, with an effective date of
May 20, 1976 to Bodycote Thermal Processing, Inc., sold tract of land being more particularly described by metes and bounds as
follows:
BEGINNING at a point in the north right—of—way line of Bryce Avenue (a 50' width right—of—way), the east right—of—way line of
Montgomery Street(a variable width—right—of way), the southeast comer of that certain tract of land as described by
right—cf—way deed to the City of Fort Worth, recorded in said Volume 3094, Page 98 and the new southwest corner of Lot 20,
Biodc 13 of sold Rose Heights Addition;
THENCE North 00.35'31'West, departing the north right—of—way line of sold Bryce Avenue, with the east right—of—way line of said
Montgomery Street, a distance of 120.00 feet to a MAG nog with shiner stomped 'RUNAWAY ASSOC, LP, set for new northwest
comer of Lot 20, Black 13 of said Rase Heights Addition and the south line of 15 utility easement (Formerly 15'Alleyk
THENCE North 069714'East departing the south line of sold utility easement continuing with the east right—of--way line of said
Montgomery Street, a distance of 13.06 feet to a MAG nail with shiner stamped 'DUNAWAY ASSOC. LP", set for the now southwest
comer of Let 1, Black 13 of sold Ross Heights Addition, the north line of said utility easement and the southeast comer of that
certain tract of land as described by right—of—way deed to the City of Fort Worth, recorded In said Volume 3024, Page;
THENCE North 0018'44' East, departing the north line of sold utility easement, continuing with the east right—of—woy line of sold
Montgomery Street, a distance of 120.00 feet to a 5/8'Iran rod with yellow cap stamped 'DUNAWAY ASSDC. LP',sat for the new
northwest comer of Lot 1, Block 13 of said Ross Heights Addition and In the south right—of—way line of Dexter Avenue(0 50'
width rlght—of—wey}
THENCE South 89'35'31'East, departing the east right—of—way line of said Montgomery Street and with south right—of—way lino of
sold Dexter Avenue, a distance of 436.30 feet to a 5/8'Iran red with yellow cap stamped 'DUNAWAY ASSOC. LP' sat far the
northeast comer of Lot 9, Black 13 of said Ross Heights Addition;
THENCE South 0035'31'East departing the north right—af—way line of said Dexter Avenue, with the east line of sold Lot 9, Black
13 Rase Heights Addition, crossing sold 15' utility easement(Formerly 15' Alley), continuing with the east line of Lot 12, Block 13
of sold Ross Heights Addition, o distance of 255.00 feat to a 5/8'Iron red with yellow cap stomped 'RUNAWAY ASSOC. LP" set
for the southeast corner of said Lot 12, Block 14 Roes Heights Addition and M the north right—of—way line of sold Bryce Avenue;
THENCE North 89'3531'West, with the north rlght—of—woy line of sold Bryce Avenue, o distance of 440.OD feet to the POINT of
BEGINNING containing a calculated area of 111,838 equara feet or 2.587 acres of land.
N07ES: The bads of bearings far thle Surrey is the Texas Coordinate System of 1967,North Central Zane,4204,based upon aPS measurements.
according to the CPS Reference Netwart
The metes and bounds docrlption contained herein we.based from an actual Survey on the ground.
A drawing of even date aeao ipanien this metes and bound.description.
DUNAWAY JOB NO. 80001706.002 PAGE 1 OF 3
EXHIBIT"A"
Step @ Gla—zy 4 /."a
Reglslaed Professional land Slaveyer �EOFT A BOUNDARY SURVEY
Texas lteglstretion Nor.5570
March 19,2015 OF TRACT 1
............
'fir •STEPHEN R.GLOSUP APART OF
1 ................
~r DUNAW�►y •C�ti 5570�t:.4 BLOCK 13,ROSS HEIGHTS ADDITION
esao� o
fj'�(j � M addition to the qty of Fort Worth,
S50 Ropey Avenue•Sues 400.Fad Werth,Term 76107 - Sum, according to the plat recorded In Volume 310,
feh817.333.I121•Fax:e17.335.7437
FIRM REGISTRATION 10098100 Pape 32, Plot Records, Tarrant County, Texas.
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 12 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
D11T2368360 ^
EXHIBIT"B"
FORM OF SPECIAL WARRANTY DEED
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 13 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
Dm236836v 1 4
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
Date: 2016
Grantor: BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION
Grantor's Mailing Address: 12700 Park Central Drive, Ste. 700, Dallas,Texas 75251
Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION
Grantee's Mailing Address: 1000 THROCKMORTON, FORT WORTH, TARRANT COUNTY,
TEXAS
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged and confessed.
Property(including any improvements):
BEING A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY, ABSTRACT NO. 1636,
ROSS HEIGHTS ADDITION,AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" AND SHOWN ON
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES,
TOGETHER WITH ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS LOCATED
THEREON, TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS OF GRANTOR IN AND TO
ADJACENT STREETS,EASEMENTS,ALLEYS,AND RIGHTS OF WAY IN, ON, IN FRONT OF OR
ADJOINING THE FOREGOING DESCRIBED PROPERTY. In the event of any conflict between the
legal description set forth on Exhibit"A"and the survey set forth on Exhibit"B,"the legal description on
Exhibit"A"shall control.
Reservations from Conveyance:
A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM,
ALL OIL,GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR
CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO
GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL
REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE
PRODUCED FROM THE LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE IS
SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION
INCLUDES THE PRODUCTION,THE LEASE AND ALL BENEFITS FROM IT.
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE
GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS
OF INGRESS AND EGRESS,AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND
CHARACTER WHATSOEVER,TO ENTER UPON AND USE ANY PART OF THE SURFACE
Page 1 of 6
OF THE SUBJECT PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR,
DEVELOPING, DRILLING FOR, PRODUCING, TRANSPORTING, MINING, TREATING,
OR STORING THE OIL, GAS AND OTHER MINERALS IN, ON, AND UNDER THE
SUBJECT PROPERTY.
B. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE
GRANTOR, OR THE GRANTOR'S HEIRS, SUCCESSORS, OR ASSIGNS, FROM
DEVELOPING OR PRODUCING THE OIL, GAS AND OTHER MINERALS IN AND UNDER
THE SUBJECT PROPERTY BY POOLING OR BY DIRECTIONAL DRILLING UNDER THE
SUBJECT PROPERTY FROM WELL SITES LOCATED ON TRACTS OUTSIDE THE
SUBJECT PROPERTY.
Exceptions to Conveyance and Warranty:
THIS CONVEYANCE IS EXECUTED,DELIVERED AND ACCEPTED SUBJECT TO AD VALOREM
TAXES FOR THE CURRENT YEAR, ROLLBACK TAXES DUE TO THIS CONVEYANCE OR
GRANTEE'S USE OF THE SUBJECT PROPERTY, MAINTENANCE FUND LIENS, ZONING
ORDINANCES, UTILITY DISTRICT ASSESSMENTS AND STANDBY FEES, IF ANY, ANY AND
ALL VALID UTILITY EASEMENTS CREATED BY THE DEDICATION DEED OR PLAT OF THE
SUBDIVISION IN WHICH SAID REAL PROPERTY IS LOCATED, RECORDED EASEMENTS,
MINERAL, RESERVATIONS AND LEASES, RESTRICTIONS, COVENANTS, CONDITIONS,
RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN DESCRIBED PROPERTY
BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING:
Under Subchapter E of Chapter 21 of the Texas Property Code,as amended, the Grantor or the Grantor's
heirs, successors, or assigns may be entitled before the 10th anniversary of the date of this acquisition to
repurchase the property or request certain information about the use and any actual progress made toward
the use for which the property was acquired under this deed/easement/named instrument,and the repurchase
price will be the price Grantee paid Grantor in this acquisition.
Grantor, for the consideration and subject to the Reservation from Conveyance and Exceptions to
Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular
the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs,
executors,administrators,successors,or assigns forever. Grantor hereby binds Grantor and Grantor's heirs,
executors, administrators, and successors to warrant and forever defend all and singular the property to
Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from
Conveyance and Exceptions to Conveyance and Warranty,when the claim is by,through,or under Grantor,
but not otherwise.
When the context requires,singular nouns and pronouns include the plural.
Page 2 of 6
GRANTOR:
BODYCOTE THERMAL PROCESSING,INC., a Delaware
corporation
By:
Name: �}I 6 t3y
Title: _( v'�
St✓J��
ACCEPTED AND AGREED TO:
CITY OF EQJ�Z WORTH
By:
Susa Ala is,Assistant City Manager
O 1 S TO FORM AND LEGALITY
c�i5 C- 9te 111ol C A
,W,Chris Mosle , ssistant City Attorney
THE STATE OF TEXAS
COUNTY OF DALL&S
This instrument was acknowledged before me on the sF day of J L4
2016, by 7HrtsTGibi�rnct��,dp� ero. �c;e 1�er,se cwc�Fner� Q�Jisi�v�of Bodycote Thermal
Processing, Inc., a Delaware corporation, on behalf o sa�rporation.
*08-02-2016
MARGO SMITH NOTARY PUBLIC S ATE OF TEXAS
C0MMiSS#0NHXP1kES Notary Publ c, State of Texas
Notary's Name(printed): Marco S/v�v--Vi
Notary's commission expires:
THE STATE OF TEXAS
Page 3 of 6
COUNTY OF TARRANT
This instrument was acknowledged before me on the 5� day of JAI-Ll ,
2016, by Susan Alanis, Assistant City Manager of the City of Fort Worth, a Texas home rule municipal
corporation on behalf of said City of Fort Worth.
LINDA M. HIRRLINGER
''�*:16 Notary Public,state of Texas Notary Public, State of Texas
/Fv 'y` Comm' Expires 02-02-2018 Notary's Name(printed):
'Pei 1% Notary Ip 12414474-6 Notary's commission expires:
NOTICE: This document affects your legal rights. Read it carefully before signing.
AFTER RECORDING RETURN TO:
CITY OF FORT WORTH,A MUNICIPAL CORPORATION
c/o JENNIFER HALL
TEAGUE NALL AND PERKINS
1100 MACON STREET
FORT WORTH,TEXAS 76102
Page 4 of 6
EXHIBIT 'A"
A BOUNDARY SURVEY OF TRACTS 1 AND 2
ROSS HEIGHTS ADDI 77ON
PROPERTY DESCRIPTION
TRACT 1
BEING a tract of land situated in the Thomas White Survey, Abstract No. 1636, City a(Fort Worth. Tarrant County, Texas,being all
of Lots 2-9 k 12-19, Black 13, Ross Heights, an addition to the City of Fort Worth, according to the plot recorded in Volume
310, Page 32, Plat Records, Tarrant County, Texas, that portion of Lots 1 k 20, Block 13 of said Ross Heights Addition, excluded
from the right-of-way deeds to the City of Fort Worth, recorded in Volume 3024, Page 414 and Volume 3094, Page 98,Deed
Records, Tarrant County, Texas, being that portion of the 15' Ailey in Block 13 of sold Ross Heights Addition, Vacated by City of
Fart Worth Ordinance No. 4517, recorded in Volume 3803, Page 21, Deed Records, Tarrant County, Texas, Ordinance No. 5885,
being ail of that certain tract land as described by deed to Hinderliter Heat Treating, Inc., recorded in Volume 10110, Page 1759,
Deed Records, Tarrant County, Texas and the name woe amended with the Secretary at State for Texas, with an effective date of
May 20, 1976 to Bodycate Thermal Processing, Inc., said tract of land being more particularly described by metes and bounds as
follows:
BEGINNING at o point In the north right-of-way line of Bryce Avenue(a 50' width right-af-way), the east right-al-way line of
Montgomery Street (a variable width-right-of way), the southeast corner of that certain tract of land as described by
right-of-way deed to the City of Fort Worth, recorded in said Volume 3094, Page 98 and the new southwest corner of Lot 21),
Block 13 of geld Ross Heights Addition;
THENCE North 00'35'31"West, deporting the north right-of-way line of said Bryce Avenue, with the east right-of-ray line of sold
Montgomery Street, a distance of 120.00 feet to a MAG nab with shiner stamped 'DUNAWAY ASSOC. LP", set for new northwest
comer of Lot 20, Block 13 of sold Ross Heights Addition and the south line of 15' utility easement (Formerly 15' Alley);
THENCE North 06.17'14"East, departing the south line of said utility easement, continuing with the east right-of-way line of said
Montgomery Street, a distance of 15.06 feet to a MAG pall with shiner stamped 'DUNAWAY ASSOC. LP", set for the new southwest
corner of Lot 1, Black 13 of said Russ Heights Addition, the north line of said utility easement and the southeast comer of that
certain tract of tend as described by right-of-way deed to the City of Fort Worth, recorded in sold Volume 3024, Page;
THENCE North 0018'44' East, departing the north fine of sold utility easement, continuing with the east right-of-way fine of sold
Montgomery Street, a distance of 120.00 feet to a 5/8"Iron rod with yellow cap stamped 'RUNAWAY ASSOC. LP",set for the new
northwest comer of Lot 1, Black 13 of surd Ross Heights Addition ond In the south right-of-way line of Dexter Avenue(0 50'
width right-of-way);
THENCE South 89.35'31'East, departing the east right-of-way line of sold Montgomery Street and with south right-of-way line of
said Dexter Avenue, o distance of 436.30 feet to a 5/8'Iran rod with yellow cap stamped 'DUNAWAY ASSOC, LP' set for the
northeast corner of Lot 9, Block 13 of said Roes Heights Addition;
THENCE South 0035'31'East, departing the north right-of-way line of said Dexter Avenue, with the coat line of said Lot 9, Block
13 Rose Heights Addition, crossing sold 15' utility easement (Formerly 15' Ailey), continuing with the east line of Lot 12, Block 13
of said Ross Heights Addition, a distance of 255.00 feet to a 5/8"Iran rod with yellow cap stomped 'RUNAWAY ASSOC LP" set
for the southeast carrier of surd Lot 12, Black 13, Ross Heights Addition and in the north right-of-way line of sold Bryce Avenue;
THENCE North 89'35'31"West, with the north right-of-woy line of sold Bryce Avenue, a distance of 440.00 feet to the POINT of
BEGINNING containing a calculated area of 111,838 square feet or 2.567 acres of land.
NOTES: The basis of hearings for this Survey Is the Texas Caordtnate Systam of 1983,North Central 2ane,4202 based upon CPS measurements.
according to the GPS Reference Network
The metes and bounds deecdptlon contained haraln was based from an actual Survey on the ground.
A drawing of even date acacvnpanraa this mates and bounds description.
DUNAWAY JOB NO. B0001706.002 PAGE 1 OF 3
EXHIBIT"A"
Step���
Registered Professional Land Surveyor �E F 7F
Texas Registrd O
tlon No,5570 P,. F•. 1 A BOUNDARY SURVEY
March 19 2015 .1 a'c AFO'.gs OF TRACT 1
Q STEPHEN R.GLOSUP q PART OF
r
I..............t...
DUN���� <1•. 557O,t.Q BLOCK 13,ROSS HEIGHTS ADDITION
N"*
•� 1 An addition to the City of Fort Worth,
SSO 6oiiey Avenue•Suite 400•rod Warth,Texas 76107 �SLiR r according to the plot recorded in Volume 310,
Yel:g17.335.1t2l-Fex:817.335.7137
FIRM REGISTRATION 10046100 Pogo 32, Plat Records, Tortoni County, Texas.
Page 5 of 6 41k
EXHIBIT "B"
A BOUNDARY SURVEY OF TRACTS 1 AND 2
ROSS HEIGHTS ADDITION
' BLOCK 18 '
a ROSS HEIGHTS
VOLUME 310•PAGE 32
P.R T.C.T.
F I 20 19 to 17 16 15 14 13 12 11 0 700'
rs DEXTERAVENUE SCALE FEET
s5 (50'VADTH RIGHT-OF-WAY) i'- 100'
o" ASPHALT PANNO 58935'31"E 435.30'
%°1 HINOERUTER HEAT TREATING,INC. �+
VOLUME 10110,PAGE 1759 ;
N00'18'"-E D.R.T.cJ.
120.00'I 1 2 3 4 5 fi 7 8 9 10
I
ALL VACATE BY ORD 4ANCE NO
_ 451 (V,38 PAGE 21 ORT.C.T. Z9 p a
NO6'17'14 E rA9IED A U71UTY E kSEMENT ALLE VACATED BY vi O w
15.06' I OWN CE NO. 985 W I
MAO NAIL WITH .R.TC.T. � 4`0
SHINER STAMPED LONE STAR GA COMPAN BLO 13 � M Sil�36
EASE ENT ROSS EIGHTS 4y
ASSOC.LP"SET LUME 37 PACE J 0) i�'0•
VOLU E]619.PAGE 386
N00'35'31"W1 O.R.1 CT. 111,838 SO.Fr./2.557 ACRES P.R.,C.T. o
120.00'1 20 19 18 17 to 15 14 13 12
TE UIIUTIE ELECTRIC COMPANY
15'x1 'UTILITY ASEMENT I1 zo
C C.0.ND 0 9901]812
POB D.R.T.GT. J
TRN:T1
440.00' BRYCE AVENUE
POs L1 (50'WIDTH RIGHT-OF-WAY)
IM T7 DIRECTIONAL CONTROL LINE ASPHALT PANNG
FO .t•MN Rm 1
a•n I TR T 2 FOUND 1/2'
DL HE 1B
11.473 S0.FT- IRON ROD WITH CITY F FORT
ROSS HEIGHTS
0,2B ACRE Yninw CAP VOLUME 31 D,PACE 32 WORTH..G. STAMPED C.C.D.NO.
BR--N 7.T.C.T, D21 41 05 5 21
CRAIVFORD"(CM) I D. T.C.T.
II L41 VOLUME 10458, I 9 B 7 B 9 10
PAGE 1507 3 4 ALLEY VACATED BY DROIN CE NO.
CIA T.C.T. 3228(V. 3427,PACE 9 0.R.T.C.T.)
>, < 1 2 RET 87ED AS DLITY EA ENT
w d
f j
D 1
IF- I I\-FOUINOBE IRON EVENT ACIUTIES ORT'A ,Iz WHICH ARS C.C,D.NO 0205382397
0 S87'07'DB•W 0,25' O.fl.T C.T•
�g
V ; 20 I 19 I 1B 17 I 16 IS I 14 I 13 12 11
HINDERUTER HEAT TREATING.INC.NAME WAS AMENDED VATH THE SECRETARY OF THE STATE OF
TEXAS,WITH AN EFFECTIVE DATE OF MAY 20,1975 TO BODYCOTE THERMAL PROCESSING,INC.
PW TWO,INC.NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF TEXAS,VATH AN
EFFECTIVE DATE OF MAY 20,1976 TO BODYCOTE THERMAL PROCESSING.INC. '(E OF T
�P..•_- •Fty
� -5/8'CAPPED IRON ROD STAMPED'OUNAWAY p1
ASSOC.LP*SET UNLESS OTHERVASE NOTED ..,L.......[.......:...
Line Table (CM)-CONTROLLING MONUMENT STEPHEN A.GLOSUP
Line • V..............
ne E...
Nu ne Bearing Distance C.C.D.NO.=COUNTY CLERK'S DOCUMENT NUMBER �Q 7�u 570vP.OQ
LI 8B9'35'3 1•E 9040' D.R.T.C.T.-DEED RECORDS,TARRANT COUNTY,TEXAS ,GQ SURV-
L2 S0035.31•E 127.50' P.R.T,C.T,-PLAT RECORDS,TARRANT COUNTY,TEXAS
L3 N89'35'31'W 90.00' a%' K
L4 NOO.35.37'TV 127.50' /`DUNAWAY 3119/- 5 vv
A metes and bounds description of
even date accompanies this drawing. 5SO B.I.y Avenue.&AI.400.Fort worth.Texas 76107
Tel:817.335,1121•Fox:817.335.7437 PAGE 3 OF 3
DATE: MARCH 19, 2014 FIRM REGISTRATIONIOOVBIOO DUNAWAY JOB NO. 8001706.002
Page 6 of 6
O
EXHIBIT"C"
FORM OF CONSENT FOR ACCESS TO PROPERTY AND WAIVER OF LIABILITY
PURCHASE AND SALE AND TEMPORARY POSSESSION LEASE AGREEMENT Page 14 of 14
BODYCOTE THERMAL PROCESSING,INC.and CITY OF FORT WORTH,TEXAS
Dm236836v1
CONSENT FOR ACCESS TO PROPERTY and WAIVER OF LIABILITY
Property Owner- Bodycote Thermal Processing, Inc.
Property Address: Montgomery Street Manufacturing Facility and Storage Facility, Fort
Worth Texas (the"Property")
Bodycote hereby authorizes the following City of Fort Worth ("City") representatives
("Representatives") to enter the Property on for the sole purpose of
inspecting and evaluating the property in connection with its future construction plans:
Name Position
Bodycote has granted permission to these representatives to enter the above-referenced
property (Property) for the sole purpose of evaluating the property, identifying utilities and
gathering information necessary to planning for future construction on the site, subject to the
following conditions and agreements.
1. The City and Representatives agree that they will take reasonable efforts during
site inspection to avoid unnecessarily interfering with Bodycote's business operations and use of
the Property.
2. The City and the Representatives agree and understand that the Property is a
working heat treatment facility and contains equipment, pits, furnaces, piping, machinery and
other hazards found in an industrial workplace.
3. WAVIER: The City and its Representatives further agree to release and hold
harmless Bodycote and its representatives from any and all claims, demands, and causes of
action arising from any accident, incident or injuries or damages that Representatives may incur
while on the Property or that arise from Representative's presence on the property.
Representatives agree and understand that risks and hazards do exist on the Property as a result
CONSENT FOR ACCESS TO PROPERTY AND WAIVER OF LIABILITY PAGE 1
of its operation as a heat treatment facility and knowingly and voluntarily accept these risks and
release and waive any claims, demands or causes of action that might result from any hazardous
or dangerous condition present on the Property.
4. The City and its Representatives understand that foreign nationals may not be
permitted on the property without proper clearance as a result of Bodycote's work for certain
military and aerospace customers. The City and its Representatives agree and accept this
limitation. Further all Representatives signing below confirm and represent that they are United
States Citizens.
5. The Representatives understand that they will be provided access to confidential
and proprietary business information concerning Bodycote's operations and equipment and they
agree to not use or disclose such information in any manner whatsoever for any purpose other
than for the stated purposes herein.
6. I acknowledge that access to the Property is being granted pursuant to the above
conditions and expressly agree to those conditions and I agree to waive any claims, demands,
and causes of action that might arise as a result of Bodycote allowing me access to the Property.
Date:
Representative
Date:
Representative
CONSENT FOR ACCESS TO PROPERTY AND WAIVER OF LIABILITY PAGE 2
Page 1 of 6
D216156487 711412016 9:14 AM PGS 6 Fee: $36.00 Submitter:XEROX COMMERCIAL SOLUTIONS
Electronically Recorded by Tarrant County Clerk in Official Public Records
t1�34 a<,:. 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 ALAMO TiTE_':: L(;MPqNy
"'—Q 016 ,
Date:- ' i 2 to be effective July 1 1 , 20t6
Grantor:BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION
Grantor's Mailing Address: 12700 Park Central Drive,Ste.700,Dallas,Texas 75251
Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION
Grantee's Mailing Address: 1000 THROCKMORTON, FORT WORTH, TARRANT COUNTY,
TEXAS
Consideration: TEN AND N011 00 DOLLARS ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged and confessed,
Property(including any improvements):
BEING A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY, ABSTRACT NO. 1636,
ROSS HEIGHTS ADDITION,AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" AND SHOWN ON
EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES,
TOGETHER WITH ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS LOCATED
THEREON, TOGETHER. WITH ALL RIGHTS, TITLE, INTERESTS OF GRANTOR IN AND TO
ADJACENT STREETS,EASEMENTS,ALLEYS,AND RIGHTS OF WAY IN,ON ,IN FROM OF OR
ADJOINING THE FOREGOING DESCRIBED PROPERTY. In the event of any conflict between the
legal description set forth on Exhibit"A"and the survey set forth on Exhibit"B,"the legal description on
Exhibit"A"shall control.
Reservations from Conveyance:
A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFR.OM,
ALL OIL,GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR
CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO
GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL
REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE
PRODUCED FROM THE LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE 1S
SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION
INCLUDES THE PRODUCTION,THE LEASE AND ALL BENEFITS FROM IT,
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE
GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS
OF INGRESS AND EGRESS,AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND
CHARACTER WHATSOEVER,TO ENTER UPON AND USE ANY PART OF THE SURFACE
Page I of'j#—
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. n ( �.": Ae
SPECIAL WARRANTY DEED ALAMO T, 1,, O MPANY
(' '` (o000��/SO//�c�LS
Date: o 2016 , to be effective July 11 , 20'f� w '�
Grantor: BODYCOTE THERMAL PROCESSING,INC.,A DELAWARE CORPORATION
Grantor's Mailing Address: 12700 Park Central Drive, Ste. 700, Dallas,Texas 75251
Grantee: CITY OF FORT WORTH,A MUNICIPAL CORPORATION
Grantee's Mailing Address: 1000 THROCKMORTON, FORT WORTH, TARRANT COUNTY,
TEXAS
Consideration: TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged and confessed.
Property(including any improvements):
BEING A TRACT OF LAND SITUATED IN THOMAS WHITE SURVEY, ABSTRACT NO. 1636,
ROSS HEIGHTS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" AND SHOWN ON
EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES,
TOGETHER WITH ALL BUILDINGS, STRUCTURES AND IMPROVEMENTS LOCATED
THEREON, TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS OF GRANTOR IN AND TO
ADJACENT STREETS,EASEMENTS,ALLEYS,AND RIGHTS OF WAY IN, ON , IN FRONT OF OR
ADJOINING THE FOREGOING DESCRIBED PROPERTY. In the event of any conflict between the
legal description set forth on Exhibit"A" and the survey set forth on Exhibit"B,"the legal description on
Exhibit"A"shall control.
Reservations from Conveyance:
A. THIS CONVEYANCE IS MADE SUBJECT TO AND THERE IS EXCEPTED HEREFROM,
ALL OIL,GAS AND OTHER MINERALS AND ROYALTIES HERETOFORE RESERVED OR
CONVEYED TO OTHERS AND GRANTOR HEREBY EXCEPTS AND RESERVES UNTO
GRANTOR, GRANTOR'S HEIRS SUCCESSORS AND ASSIGNS FOREVER, ALL
REMAINING OIL, GAS AND OTHER MINERALS IN AND UNDER AND THAT MAY BE
PRODUCED FROM THE LANDS DESCRIBED HEREIN. IF THE MINERAL ESTATE IS
SUBJECT TO EXISTING PRODUCTION OR AN EXISTING LEASE, THIS RESERVATION
INCLUDES THE PRODUCTION,THE LEASE AND ALL BENEFITS FROM IT.
GRANTOR DOES HEREBY EXPRESSLY RELEASE AND WAIVE, ON BEHALF OF THE
GRANTOR AND THE GRANTOR'S HEIRS, SUCCESSORS, AND ASSIGNS, ALL RIGHTS
OF INGRESS AND EGRESS,AND ANY AND ALL OTHER RIGHTS OF EVERY KIND AND
CHARACTER WHATSOEVER,TO ENTER UPON AND USE ANY PART OF THE SURFACE
Page I of 6
P
OF THE SUBJECT PROPERTY FOR ANY PURPOSE INCIDENT TO EXPLORING FOR,
DEVELOPING, DRILLING FOR, PRODUCING, TRANSPORTING, MINING, TREATING,
OR STORING THE OIL, GAS AND OTHER MINERALS IN, ON, AND UNDER THE
SUBJECT PROPERTY.
B. NOTHING HEREIN CONTAINED SHALL EVER BE CONSTRUED TO PREVENT THE
GRANTOR, OR THE GRANTOR'S HEIRS, SUCCESSORS, OR ASSIGNS, FROM
DEVELOPING OR PRODUCING THE OIL, GAS AND OTHER MINERALS IN AND UNDER
THE SUBJECT PROPERTY BY POOLING OR BY DIRECTIONAL DRILLING UNDER THE
SUBJECT PROPERTY FROM WELL SITES LOCATED ON TRACTS OUTSIDE THE
SUBJECT PROPERTY.
Exceptions to Conveyance and Warranty:
THIS CONVEYANCE IS EXECUTED,DELIVERED AND ACCEPTED SUBJECT TO AD VALOREM
TAXES FOR THE CURRENT YEAR, ROLLBACK TAXES DUE TO THIS CONVEYANCE OR
GRANTEE'S USE OF THE SUBJECT PROPERTY, MAINTENANCE FUND LIENS, ZONING
ORDINANCES, UTILITY DISTRICT ASSESSMENTS AND STANDBY FEES, IF ANY, ANY AND
ALL VALID UTILITY EASEMENTS CREATED BY THE DEDICATION DEED OR PLAT OF THE
SUBDIVISION IN WHICH SAID REAL PROPERTY IS LOCATED, RECORDED EASEMENTS,
MINERAL, RESERVATIONS AND LEASES, RESTRICTIONS, COVENANTS, CONDITIONS,
RIGHTS OF WAY EASEMENTS, IF ANY, AFFECTING THE HEREIN DESCRIBED PROPERTY
BUT ONLY TO THE EXTENT THE SAME ARE VALID AND SUBSISTING:
Under Subchapter E of Chapter 21 of the Texas Property Code, as amended, the Grantor or the Grantor's
heirs, successors, or assigns may be entitled before the 10th anniversary of the date of this acquisition to
repurchase the property or request certain information about the use and any actual progress made toward
the use for which the property was acquired under this deed/easement/named instrument,and the repurchase
price will be the price Grantee paid Grantor in this acquisition.
Grantor, for the consideration and subject to the Reservation from Conveyance and Exceptions to
Conveyance and Warranty,grants,sells,and conveys to Grantee the property,together with all and singular
the rights and appurtenances thereto in any wise belonging,to have and hold it to Grantee, Grantee's heirs,
executors,administrators,successors,or assigns forever. Grantor hereby binds Grantor and Grantor's heirs,
executors, administrators, and successors to warrant and forever defend all and singular the property to
Grantee and Grantee's heirs, executors, administrators, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof,except as to the Reservations from
Conveyance and Exceptions to Conveyance and Warranty,when the claim is by,through,or under Grantor,
but not otherwise.
When the context requires, singular nouns and pronouns include the plural.
Page 2 of 6
GRANTOR:
BODYCOTE THERMAL PROCESSING, INC., a Delaware
corporation
By:
Naive: .4j 7'. G i d oC,)A '
Title: PR$dlOMT f adEtSri.Sd' '6M�J
a ✓if J�-
ACCEPTED AND AGREED TO:
CITY OF FORT WORTH
By:
Susa Ala 's,Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
TAk U,v ls C. �AcCLPG AC 4
Ch Mosl , istant City Attorney
THE STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 'ter day of swty
2016, by T{,onusJ.fx�hh�ns��res�cl�nt� Aer_�scc, De4e�seaNdFnerGu D;vs,cn of Bodycote Thermal
Processing, Inc., a Delaware corporation, on behalf of said corporation.
WM -ITH Of TEW MS Not ary ubli , State of Texas
16 Notary's Name(printed): Margo �m�t-k _
Notary's commission expires: oe-c a - Lo 1(o
THE STATE OF TEXAS
Page 3 of 6
COUNTY OF TARRANT
This instrument was acknowledged before me on the 5 day of ,
2016, by Susan Alanis, Assistant City Manager of the City of Fort Worth, a Texas h e rule municipal
corporation on behalf of said City of Fort Worth.
wcL -r o
�,FY dyiyL LINDA M. HIRRUNGER Notary Public, State of Texas
+s Notary Public,State of Texas
Notary's Name(printed):
Comm. Expires 02-02-201 8
Notary ID 12414474-6 Notary's commission expires:
NOTICE: This document affects your legal rights. Read it carefully before signing.
AFTER RECORDING RETURN TO:
CITY OF FORT WORTH,A MUNICIPAL CORPORATION
c/o JENNIFER HALL
TEAGUE NALL AND PERKINS
1100 MACON STREET
FORT WORTH, TEXAS 76102
Page 4 of 6
EXHIBIT "A"
A BOUNDARY SURVEY OF TRACTS I AND 2
ROSS HEIGHTS ADDI77ON
PROPERTY DESCRIPTION
TRACT 1
BEING a tract of land situated In the Thomas White Survey, Abstract No. 1638, Qty of Fart Worth. Tarrant County, Texas, being all
of Lots 2-9 R 12-19, Black 13, Ross Heights, an addition to the City of Fort Worth, according to the plot recorded In Volume
310, Page 32, Plot Records, Tarrant County, Texas, that portion of Lots 1 k 20,Block 13 of sold Ross Heights Addition, excluded
from the right—of—way deeds to the City of Fort Worth, retarded In Volume 3024, Page 414 and Volume 3094, Page 98, Deed
Records, Torrent County, Texas, being that portion of the IV Alley in Block 13 of said Roos Halghte Addition, Vacated by City of
Fort Worth Ordinance No. 4517, recorded in Volume 3803, Page 21, Deed Records, Tarrant County, Texas, Ordinance No. 5885,
being all of that certain tract tend as described by deed to Hinderliter Heat Treating, Inc., recorded In Volume 10110, Page 1759,
Deed Records, Tarrant County, Texas and the name woe amended with the Secretary of State for Texas, with an effective date of
May 20, 1976 to Bodycete Thermal Processing, Inc., said tract of land being more particularly described by mates and bounds as
follows:
BEGINNING of a point In the north right—of—way line of Bryce Avenue(o 50' width right—of—woy), the east right—of—way line of
Montgomery Street(a variable width—right—of way), the southeast comer of that certain tract of load as described by
right—of—way deed to the City of Fort Worth, retarded In said Volume 3094, Page 98 and the new southwest corner of Lot 20,
Block 13 of said Ross Helghts Addition;
THENCE North 0035'31'West, departing the north right—of—woy line of sold Bryce Avenue, with the east right—cf—way line of said
Montgomery Street, a distance of 120.00 feet to a MAC nab with shiner stamped 'DUNAWAY ASSOC. LP", set for new northwest
comer of Lot 20, Block 13 of sold Roes Heights Addition and the south line of 15' utility easement (Formerly 15' Alley);
THENCE North 0617'14'East, departing the south line of sold utility easement, continuing with the east right—of—way line of sold
Montgomery Street, a dlstonce of 15.06 feet to o MAG nab with shiner stamped 'DUNAWAY ASSOC. LP", set for the new southwest
corner of Lot i, Black 13 of sold Ross Heights Addition, the north line of said utility easement and the southeast comer of that
certain tract of land as described by right—of—woy deed to the City of Fort Worth, recorded in sold Volume 3024, Page;
THENCE North 00'18'44' East, departing the north line of sold utility easement, continuing with the east right—of—way line of said
Montgomery Street, a distance of 120.00 feet to a 5/8'Iran rod with yellow cap stamped 'RUNAWAY ASSOC. LP",set for the new
northwest comer of Lot i, Block 13 of sold Rose Heights Addition and in the south right—of—way line of Dexter Avenue(a 50'
width right—of—way);
THENCE South 8935'31'East, departing the east right—of—way line of sold Montgomery Street and with south right—of^woy line of
said Dexter Avenue, o distance of 4315.30 feat to 0 5/8'Iran rod with yellow cup stamped 'DUNAWAY ASSOC. LP' set for the
northeast corner of Lot 9, Block 13 of sold Ross Heights Addition;
THENCE South 0035'31'East, departing the north right—of—way line of sold Dexter Avenue, with the east line of said Lot 9, Block
13 Ross Heights Addition, crossing said 15' utility easement(Formerly 15' Ailey), continuing with the east line of Lot 12, Block 13
of said Rase Heights Addltian, o distance of 255.00 feet to a 5/8'Iran rod with yellow cop stomped "DUNAWAY ASSOC. IP' set
for the southeast corner of sold Lot 12, Black 13, Ross Heights Addition and In the north right—of—woy line of sold Bryce Avenue;
THENCE North 8935'31'West, with the north right—af—woy line of said Bryce Avenue, a distance of 440.00 feat to the POINT of
BEGINNING containing o calculated area of 111,838 square feet or 2.567 acres of land.
NOTES; The basis of bearings for this Survey is the Texas Coordinate System of 1983,North Cantrol 2me, 4202 based upon GPS measurements.
eeeordmg to the GPS Reference Network.
The metes and bounds description contained horaln was based from an acted Savvy on the ground.
A drawing of even date ocaamponiea this metes and bawds deealption.
pUNAWAY JOB NO. 80001706.002 PAGE 1 OF 3
nn EXHIBIT"A"
Stepheg R.
Registered Professional Land Surveyor E OF T
Texas Registration No.5570 �A�.•...... A BOUNDARY SURVEY
March 19 2015 �;'vEoli AEn'.9S' OF TRACT 1
1 STEPHEN R.GLDSUP A PART OF
1r ..................I...
1r DUNAWA�/ �q EssQ`:'pa BLOCK 13,ROSS HEIGHTS ADDITION
M••"' An addition to the City of Fart Worth,
550
��q`S 3
v according to the plat recorded in Volume 10,
galley Avenue•Sube 400•Fad Vrodn,iezos 76107 Li R
Te1:817.335.1121•Fox:817.335.7437 :)SY/lam
FIRM REGISTRATION IOD98100 pogo 32, Plat Record0. Torrent County, iexag.
Page 5 Of 6
EXHIBIT 'B"
A BOUNDARY SURVEY OF TRACTS 1 AND 2
ROSS HEIGHTS ADDITION
BLOCK 18
o ROSS HEIGHTS
VOLUME 310,PAGE 32
P.R T.C.T.
i�( I 20 19 18 17 1 1e 15 14 13 12 11 0 100'
9 1
DEXTER AVENUE FEET
s � (50'WIDTH RIGHT-QF-WAY) 1' 100'
o I ASPHALT PAVING 58915'31"E 438.30'
4 I
g HWDERUTER HEAT TREATING,INC.
N0018'4-4"E VOLUME 10110,PACE 1759 ^ ;
D.RT.C.T.
120,00'! 1 2 3 4 5 6 7 e 9 10� logy t
I w
ALLY VACA BY ANCE NO
N06'17'14 E 457 TAINED A UTILITY 1 SELENT ALLE VACATED BY 5 O9 w
15.06'1 ORO1N CE N0. 885 �
MAG NAIL 7WTH
SHWER'DUNAWAY EASE EN7R CA COMP AN ROSS EIGHTS "151 g6
ASSOC.LP'SET I OLD
3I PAGE a3i PAGE 3' :� Q•
VOLU E 3619. AGE 386
N00'35'31"WI O.R.1 C.T. TRACT 1 P.R,.C.T.
111,838 50. FT./2.567 ACRES
120.00', 20 19 18 17 16 15 14 13 12 _ �0
TE UTIUTR; ELECTRIC COMPANY
15'x1 UTILITY ASE67ENT I1
C.D.NO 99013812
POB D.R.T.C.T.
TRACT,
440.00' BRYCE AVENUE
POB Lt (50'WIDTH RIGHT-OF-WAY)
TRACT] (XRECTIONAL CONTROL LINE ASPHALT PAYING
POLING t'WON ROO I
A'17 i TRACT 2 FOUND 11Y
BL[)CI( 18
11,473 50.FT. IRON R00 WITH ROSS HEIGHTS tliY FORT
0.28 ACRE YELLOW CAP VOLUME J1D, PACE 32 ATM' TOMS
STAMPED C.C.D.N0.
BRITTAIN k P. T.-J. D21 41 05 5 21
ry I L4 I VOLUME 10458. LRAWFORD'(CM) 5 I{ 6 7 8
Yt PACE 1507 3 4 AUFI VACATED BY ORDIN CE NO,
G D.R T.C.T. 3228(V.3427•PAGE 9 O LT.C.T)
r < 1 2 RET IMEO AS DUTY EA ENT
~ 1
o � I
z I FOUND 1'IRON EVENT ACIUTIES ORT WOR ,INC.
=O WHICH BEARS C.C.D.NO/)205382397
0 S67'07'08'W 0.25' ` O.R.TC,T.
(
I 20 I 19 I 19 I 17 I 76 is I 14 i3 12 11
HINDERUTER HEAT TREATING.INC.NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF
TEXAS WITH AN EFFECTIVE DATE OF MAY 20, 1975 TO BOOYCOTE THERMAL PROCESSING,INC.
PW TWO,INC.NAME WAS AMENDED WITH THE SECRETARY OF THE STATE OF TEXAS WITH AN
EFFECTIVE DATE OF MAY 20,1976 TO BODYCOTE THERMAL PROCESSING,MC. '(E OF T
�P•.. ...
� • 5/8'CAPPED IRON R00 STAMPED'DUNAWAY 5:pti01ST✓:gf6•,1ff
ASSOC.LP'SET UNLESS OTHERWISE NOTED •-.5
..............i...
Line Table (CM)- CONTROLLING MONUMENT STEPHEN A.GLOSUP
...............
Line 1...
Number Bearing Distance C.C.D.No. -COUNTY CLERK'S DOCUMENT NUMBER
�•'. a5570\a;Q
O. NTY,R.T.C.T. DEED RECORDS, TARRANT COUNTY.TEXAS '1ty AF881�,• Q
LI S89.3513l'E 90.00' SL1R��
12 S00.35'31'E 127.50• P.R.T.C.T.-PUT RECORDS. TARRANT COUNTY, TEXAS
U NBW35'31'W 90.00'
L4 NDO'35'3i-W 127.50' ~DUNAWAY
A metes and bounds description of
even date accompanies this drawing. 550 eollev Avenue•sWle 400.FoA w«1h.Te &M107
Tel:817 MS.1121•Fax 817315.7437 PAGE 3 OF 3
DAIS; MARCH 19, 2014 FIRMRET:.WV TION1OD98100 DUNAWAY JOB NO. 8001706.002
Page 6 of 6 /