HomeMy WebLinkAboutContract 48967 CITY SECRET
CONTRACT NO.
EASEMENT ENCROACHMENT LICENSE AGREEMENT
Commercial
THIS AGREEMENT is made and entered into by and between THE CITY OF
FORT WORTH, a home rule municipal corporation of Tarrant County, Texas ("City"),
acting by and through its duly authorized City Manager, its duly designated Assistant City
Manager or Planning and Development Director, and TCRG Opportunity IX, LLC, a
Texas limited liability company ("Licensee"), acting by and through its duly authorized
President, owner of the real property located at the northwest corner of Golden Triangle
Boulevard and North Freeway, Fort Worth, TX 76177 ("Property").
RECITALS
WHEREAS, Licensee is the owner of certain real property situated in the City of
Fort Worth, Tarrant County, Texas, more particularly described in the attached Legal
Description of the Property; and
WHEREAS, the City has a Water Line easement (the "Easement") in the
Property as shown on the map attached to this Agreement as Exhibit "A" and
incorporated herein for all purposes; and
WHEREAS, Licensee desires to construct/place and maintain certain
improvements which will encroach onto the Easement; and
WHEREAS, City will allow the encroachment under the terms and conditions as
set forth in this Agreement to accommodate the needs of the Licensee.
NOW, THEREFORE, the City and Licensee agree as follows:
AGREEMENT
1.
City, in consideration of the payment by the Licensee of the fee set out below and
covenants and agreements hereinafter contained, to be kept and performed by Licensee,
hereby grants permission to Licensee to encroach upon and occupy a portion of the City's
Easement for the purpose of constructing drainage facility (the "Encroachment") as
described in and at the location shown on Exhibit "A" but only to the extent shown
thereon. Upon completion of the Encroachment, Licensee agrees to be responsible for
maintaining the Encroachment within and above the Easement. Licensee shall not
expand or otherwise cause the Encroachment to further infringe in or on City's Easement
beyond what is specifically described in the Exhibit(s) attached hereto.
2.
2015 Easement Encroachment Agreement-Commercial OFFICIAL RROOR� ge 1 of 9
CITY SEGRE'3A e 02/2015
IIT,WOFtr"j X
All construction, maintenance and operation in connection with such
Encroachment, use and occupancy shall be performed in strict compliance with this
Agreement and the City's Charter, Ordinances and Codes and in accordance with the
directions of the Director of the Transportation and Public Works or the Director of the
City's Water Department, or his or her duly authorized representative. Licensee shall
submit all plans and specifications to the applicable Director or his or her duly authorized
representative prior to the construction of the Encroachment. Licensee shall not
commence construction of the Encroachment until receiving written approval by the
Director, but such approval shall not relieve Licensee of responsibility and liability for
concept, design and computation in the preparation of such plans and specifications.
3.
Upon prior written notice to Licensee, except in the case of an emergency,
Licensee agrees that City may enter and utilize the referenced areas at any time for the
purpose of installing, repairing, replacing, or maintaining improvements to its public
facilities or utilities necessary for the health, safety and welfare of the public or for any
other public purpose. City shall bear no responsibility or liability for any damage or
disruption or other adverse consequences resulting from the Encroachment installed by
Licensee, but City will make reasonable efforts to minimize such damage. In the event
that any installation, reinstallation, relocation or repair of any existing or future utility or
improvements owned by, constructed by or on behalf of the public or at public expense is
made more costly by virtue of the construction, maintenance or existence of the
Encroachment and use, Licensee shall pay to City an additional amount equal to such
additional cost as reasonably determined by the Director of Transportation and Public
Works or the Director of the Water Department, or said Director's duly authorized
representative.
4.
Licensee agrees to pay to City at the time this Agreement is requested an
application fee of$325.00 in order to defray all costs of inspection and supervision which
City has incurred or will incur as a result of the construction, maintenance, inspection or
management of the encroachments and uses provided for by this Agreement.
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5.
The term of this Agreement shall be for 30 years, commencing on the date this
Agreement is executed by City. However, this Agreement shall terminate upon
Licensee's non-compliance with any of the terms of this Agreement. City shall notify
Licensee in writing of the non-compliance, and if not cured within 30 days, this
Agreement shall be deemed terminated, unless such non-compliance is not susceptible to
cure within 30 days, in which case this Agreement shall be deemed terminated in the
event that Licensee fails to commence and take such steps as are necessary to remedy the
non-compliance with 30 days after written notice specifying the same, or having so
commenced, thereafter fails to proceed diligently and with continuity to remedy same.
6.
It is further understood and agreed between the parties hereto that the Easement to
be used and encroached upon as described herein, is held by City as trustee for the public;
that City exercises such powers over the Easement as have been delegated to it by the
Constitution of the State of Texas or by the Texas Legislature; and that City cannot
contract away its duty and its legislative power to control the Easement for the use and
benefit of the public. It is accordingly agreed that if the governing body of City may at
any time during the term hereof determine in its sole discretion to use or cause or permit
the Easement to be used for any other public purpose, that does not preclude the use of
the Encroachment on the Property, including but not being limited to underground,
surface or overhead communication, drainage, sanitary sewerage, transmission of natural
gas or electricity, or any other public purpose, whether presently contemplated or not, that
the parties agree to negotiate in good faith in order to accommodate the Encroachment
and the public purpose.
7.
LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES
HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO
ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER,
ARISING OUT OF OR IN CONNECTION WITH, THE CONSTRUCTION,
MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE
ENCROACHMENT AND USES GRANTED HEREUNDER, WHETHER OR NOT
CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, ELECTED OFFICIALS, OR INVITEES OF THE CITY; AND
LICENSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
SUCH CLAIMS OR SUITS. LICENSEE SHALL LIKEWISE ASSUME ALL
LIABILITY AND RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR
2015 Easement Encroachment Agreement-Commercial Page 3 of 9
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ANY AND ALL INJURY OR DAMAGE TO CITY PROPERTY ARISING OUT
OF OR IN CONNECTION WITH THE ENCROACHMENTS AND ANY AND
ALL ACTS OR OMISSIONS OF LICENSEE, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES, OR INVITEES.
8.
While this Agreement is in effect, Licensee agrees to furnish City with a
Certificate of Insurance naming City as certificate holder, as proof that it has secured and
paid for a policy of public liability insurance covering all public risks related to the
proposed use and occupancy of public property as located and described in Exhibit"A".
The amounts of such insurance shall be not less than
$1,000,000 Commercial General Liability
with the understanding and agreement by Licensee that such insurance amounts may be
revised upward at City's option and that Licensee shall so revise such amounts
immediately following notice to Licensee of such requirement. Such insurance policy
shall not be canceled or amended without at least 30 days prior written notice to the
Building Official of the City of Fort Worth. A copy of such Certificate of Insurance is
attached as Exhibit "B" and incorporated herein for all purposes. Licensee agrees to
submit a similar Certificate of Insurance annually to City on the anniversary date of the
execution of this Agreement
Licensee agrees, binds and obligates itself, its successors and assigns, to maintain
and keep in force such public liability insurance at all times during the term of this
Agreement and until the removal of the Encroachment and the cleaning and restoration of
the Easement. All insurance coverage required herein shall include coverage of all
Licensees' contractors and subcontractors.
9.
Licensee agrees to deposit with City when this Agreement is executed a sufficient
sum of money to be used to pay necessary fees to record this Agreement in the Real
Property Records of Tarrant County, Texas. After being recorded, the original shall be
returned to the City Secretary of the City of Fort Worth.
10.
Licensee agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction, operation
and maintenance of the Encroachment and uses.
2015 Easement Encroachment Agreement-Commercial Page 4 of 9
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11.
Licensee agrees to pay promptly when due all fees, taxes or rentals provided for
by this Agreement or by any federal, state or local statute, law or regulation.
12.
Licensee covenants and agrees that it shall operate hereunder as an independent
contractor as to all rights and privileges granted hereunder and not as an officer, agent,
servant or employee of City, and Licensee shall have exclusive control of and the
exclusive right to control the details of its operations, and all persons performing same,
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees and invitees. The doctrine of
respondeat superior shall not apply as between City and Licensee, its officers, agents,
servants, employees, contractors and subcontractors, and nothing herein shall be
construed as creating a partnership or joint enterprise between City and Licensee.
13.
Licensee agrees and acknowledges that this Agreement is solely for the purpose of
permitting Licensee to construct, maintain and locate the Encroachment over or within
the Easement and is not a conveyance of any right, title or interest in or to the Easement
nor is it meant to convey any right to use or occupy property in which a third parry may
have an interest. Licensee agrees that it will obtain all necessary permissions before
occupying such property.
14.
In any action brought by the City for the enforcement of the obligations of the
Licensee, City shall be entitled to recover interest and reasonable attorney's fees.
15.
The parties agree that the duties and obligation contained Sections 3 and 4 shall
survive the termination of this Agreement.
16.
Licensee covenants and agrees that it will not assign all or any of its rights,
privileges or duties under this Agreement without the written approval of City, and any
attempted assignment without such written approval shall be void. In the event Licensee
conveys the Property, Licensee may assign all of its rights and obligations under this
Agreement to the new owner of the Property, and Licensee shall be deemed released from
its duties and obligations hereunder upon City's approval in writing of such assignment,
which approval shall not be unreasonably conditioned or withheld. Foreclosure by a
secured lender of Licensee or assignment to a secured lender by Licensee in the event of
2015 Easement Encroachment Agreement-Commercial Page 5 of 9
Rev. 02/2015
default or otherwise shall not require City approval provided that said lender notifies City
in writing within 60 days of such foreclosure or assignment and assumes all of Licensees'
rights and obligations hereunder. However, no change of ownership due to foreclosure or
assignment to any secured lender of Licensee shall be effective as to City unless and until
written notice of such foreclosure or assignment is provided to City.
17.
Any cause of action for breach of this Agreement shall be brought in Tarrant
County, Texas. This Agreement shall be governed by the laws of the State of Texas.
18.
This Agreement shall be binding upon the parties hereto, their successors and
assigns.
SIGNATURES APPEAR ON FOLLOWING PAGE]
2015 Easement Encroachment Agreement-Commercial Page 6 of 9
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THIS AGREEMENT may be executed in multiple counterparts, each of which
shall be considered an original, but all of which shall constitute one instrument.
City Licensee:
CITY OF FORT WORTH TCRG OPPORTUNITY IX, LLC
BY: TEXAS CAPITALIZATION RESOURCE
GROUP, INC.
ITS: MANAGER
By: _ . N-01 V NBy:
&A���- ��
Randle Har ood Robert L. Patton, Jr.
Director President
Planning and Development
Date: 4 2017'
ATTEST: Approved As To Form and Legality
c n
City SeLeu Assistant City Attorney
T
U
OFFICIAL RECORD
CITY SEtCRETARY
` Xp, FT WCRT,4, Tat
2015 Easement Encroachment Agreement-Commercial Page 7 of 9
Rev.02/2015
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on /-0 —, 201
by Randall Harwood, Director of the Planning a7q Deve opment Department of the City
of Fort Worth, on behalf the City of Fort Worth.
ry Public, tate of Tex
CASSANDRA F. FOREMAN
t�r{tY
St Notary Public,State of Texas
My Commission Expires
'•,9TE ,;.'
April 26, 2017
After Recording Return to:
Cassandra Foreman
Planning and Development Department
1000 Throckmorton Street
Fort Worth TX, 76102
2015 Easement Encroachment Agreement-Commercial Page 8 of 9
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Robert L. PATTON, Jr. President, known to me
to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed, as the act and deed of TCRG Opportunity IX, LLC, a Texas limited
liability company, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this D day of
20_U.
M
CHEML COUCHtppV P10) Nota Public 'n and for the
OTARY PUBLIC STATE OFTEXAS rY
*T � a=C1MMISSION EXPIRES State of Texas
9�OF 0412812018
2015 Easement Encroachment Agreement-Commercial Page 9 of 9
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EXHIBIT "A"
EASEMENT ENCROACHMENT AGREEMENT
Part of TCRG Opportunity IX, LLC tract
W. M. McCowen Survey, Abstract No. 999
City of Fort Worth, Tarrant County, Texas
DESCRIPTION, of a 420 square foot (0.010 acre) tract of land situated in the W. M. McCowen Survey, Abstract
No. 999, Tarrant County, Texas; said tract being part of that tract of land described in Deed Without Warranty to
TCRG Opportunity IX, LLC recorded in Instrument No. D216215621 of the Official Public Records of Tarrant
County, Texas; said 420 square foot (0.010 acre) tract being more particularly described as follows (bearing
system for this survey is based on the Texas Coordinate System of 1983 (2011 adjustment), Texas North Central
Zone 4202 based on observations made on October 19, 2015 with an applied combined scale factor of 1.00012):
COMMENCING, a 1/2-inch iron rod with red "WAI" cap found at the west end of a right-of-way corner clip at the
intersection of the north right-of-way line of Golden Triangle Boulevard (a variable width right-of-way)and the west
right-of-way line of North Freeway(a variable width right-of-way); from said point a brass monument stamped"TX-
DOT' bears North 52 degrees, 01 minutes, 55 seconds East, a distance of 93.26 feet;
THENCE, South 89 degrees, 29 minutes, 17 seconds West, along the said north line of Golden Triangle
Boulevard, a distance of 828.03 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set;
THENCE, North 00 degrees, 30 minutes, 43 seconds West, departing the said north line of Golden
Triangle Boulevard, a distance of 1,033.00 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set in
the south line of a proposed Permanent Water Facility Easement;
THENCE South 89 degrees, 29 minutes, 17 seconds West, along the said south line of the proposed
Permanent Water Facility Easement, a distance of 17.00 feet to the POINT OF BEGINNING;
THENCE, North 00 degrees, 30 minutes, 43 seconds West, departing the said north line of the proposed
Permanent Water Facility Easement, a distance of 15.00 feet to a point for corner in the north line of the proposed
Permanent Water Facility Easement;
THENCE, North 89 degrees, 29 minutes, 17 seconds East, along the north line of the proposed Permanent Water
Facility Easement, a distance of 28.00 feet to a point for corner;
THENCE, South 00 degrees, 30 minutes, 43 seconds East, departing the said north line of the proposed
Permanent Water Facility Easement, a distance of 15.00 feet to a point for corner in the south line of the proposed
Permanent Water Facility Easement;
THENCE, South 89 degrees, 29 minutes, 17 seconds West, along the south line of the proposed Permanent
Water Facility Easement, a distance of 28.00 feet to the POINT OF BEGINNING;
CONTAINING: 420 square foot 0.010 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the encroachment tract described.
`OTE Foa'gcf�
Michael Cleo Billingsley Date MICHAEL CLEO.BILLINGSLEY
Registered Professional Land Surveyor No. 6558 .......................
Pacheco Koch, LLC yy 9P
6100 Western Place, #1001, Fort Worth TX 76107 S U R`I
(817) 412-7155
TX Reg. Surveying Firm LS-10193824
3734-16.249EX7.doc
3734-16.249EX7.dwg DCP
PAGE 1 OF 1
0 20 40 80
GRAPHIC SCALE IN FEET /
EASEMENT ENCROACHMENT /
AGREEMENT Q
N 89'29'17" E 420 SF
_ _ _ 28.00' (0.010 ACRES) �p
N 0030'43" W PROPOSED PERMANENT
WATER FACILITY EASEMENT
_ 15.00' S 0030'43" E (BY SEPERATE INSTRUMENT) O
115.00' — — - - - - - - ;_
S
P. 7 W S 89'29'17" W /_
14.00' I 28.00' �41
1/2-INCH IRON ROD v
CJ p W/"PACHECO KOCH" Q
J� n ( CAP SET
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x( TCRG OPPORTUNITY IX, LLC
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(INST. NO. D216215621) BRASS TXDOT
(D MONUMENT FOUND
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X S 89.29 17" WV 828.03' 1/2-INCH IRON ROD W/ RED
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GOL DE/N /T R,����E EXISTING EASEMENT
LINE
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BOULEVARD 0 POINT FOR CORNER
>_ (UNLESS OTHERWISE NOTED)
W
(A VARIABLE WIDTH RIGHT—OF—WAY) (C.M.) - CONTROLLING MONUMENT
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P.O.B. - POINT OF BEGINNING
3 A O.C. - POINT OF COMMENCING
rn
N NOTES:
1. A metes and bounds description of even
M The undersigned, Registered Professional Land survey date herewith accompanies this plat
n Surveyor, hereby certifies that this plat of of survey.
M survey accurately sets out the metes and ce..0F..TF
abounds of the encroachment tract described. y �1sTfg9c�+ 2. Bearing system for this survey is based on
i the Texas Coordinate System of 1983 (2011
MICHAEL.CLEO.BILLINGSLEY adjustment), Texas North Central Zone 4202
/7 — ` ............. based( observations made on October 19,L/ ..........
2015 with an applied combined scale factor
o -------- ----- /� / P ss,v ;�o of 1.00012.
LOichael Cleo Billingsley Date
Registered Professional SUR EASEMENT
o Land Surveyor No. 6558 ENCROACHMENT
O 6100 WESTERN PLACE, SUITE 1001
M Pacheco Koch FORT WORTH, TX 76,07 817.412.7155 AGREEMENT
} TX REG. ENGINEERING FIRM F-14439 PART OF TCRG OPPORTUNITY IX, LLC TRACT
N TX REG. SURVEYING FIRM LS-10193824 W. M. MCCOWEN SURVEY, ABSTRACT N0. 999,
z DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
I DCP MCB 1"=40, DEC. 2016 3734-16.249 PAGE 1 OF 1
3734-16.249EX7.txt
North: 7026500.1151' East: 2331085.9256'
Segment #1 Line
Course: N890 29' 17"E Length: 28.00'
North: 7026500.3653' East: 2331113.9245'
Segment #2 . Line
Course: S0° 30' 43"E Length: 15.00'
North: 7026485.3659' East: 2331114.0585'
Segment #3 . Line
Course: 5890 29' 17"W Length: 28.00'
North: 7026485.1157' East: 2331086.0597'
Segment #4 . Line
Course: N0° 30' 43"W Length: 15.00'
North: 7026500.1151' East: 2331085.9256'
Perimeter: 86.00' Area: 420.00 Sq. Ft.
Error Closure: 0.0000 Course: N0° 00' 00"E
Error North: 0.00000 East: 0.00000
Precision 1: 86000000.00
Page 1
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0 20 40 80
GRAPHIC SCALE IN FEET 7F7
PROP. PRIVATE STORM
DRAIN CROSSING
PROPOSED PUBLIC SANITARY
PROP. PUBLIC 12" SEWER CROSSING
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ENCROACHMENT
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6100 WESTERN PLACE, SUITE 1001 SYNERGY TRACT PUBLIC IMPROVEMENTS
Pacheco Koch FORT WORTH, TX 76107 817.412.7156 ENCROACHMENT AGREEMENT
TX REG. ENGINEERING FIRM F-14439 LOT 2, BLOCK 1
y TX REG. SURVEYING FIRM LS-10193824 SYNERGY WEST
LOCATED IN THE CITY OF FORT WORTH, TEXAS
DRAWN BY I CHECKED BY SCALE DATE JOB NUMBER W.M. MCCOWEN SURVEY, ABSTRACT N0. 999,
m HPB JCM 1"=40' 01/23/2017 3734-16.249 TARRANT COUNTY, TEXAS
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6100 WESTERN PLACE, SUITE 1001 SYNERGY TRACT PUBLIC IMPROVEMENTS
PachAAA �AA� FORT WORTH, T.Y. 7F1n7 81741971.9.9 ENCROACHMENT AGREEMENT
eco V off/ TX REG. ENGINEERING FIRM F-14439 LOT 2, BLOCK 1
} TX REG. SURVEYING FIRM LS-10193824 SYNERGY WEST
LOCATED IN THE CITY OF FORT WORTH, TEXAS
DRAWN BY cHEcaEa BY SCALE DATE ✓oe NunieER W.M. MCCOWEN SURVEY, ABSTRACT NO. 999,
m HPB JCM 1"=40' 01/23/2017 3734-16.249 TARRANT COUNTY, TEXAS
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DWG FILE: 3734-16.249 ENCROACHMENT.DWG
YRFF FII F• 37 4-1F, ?4q WATER nw(;
Page 1 of 5
D216215621 9/1512016 1:51 PM PGS 5 Fee: $32.00 Submitter: SIMPLIFILE
Electronically Recorded by Tarrant County Clerk in Official Public Records
rl Pty,�a c.l.q. Mary Louise Garcia
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL
PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORD: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE NUMBER.
100Z- 1ko 512
DEED WITHOUT WARRANTY
STATE OF TEXAS § KNOW ALL BY THESE
COUNTY OF TARRANT § PRESENTS:
That the STATE_ OF TEXAS for the use and benefit of the Permanent School Fund, by
and through GEORGE P. BUSH, COMMISSIONER OF THE GENERAL LAND OFFICE
("Grantor"),by virtue of the authority vested by Texas Natural Resources Code § 51.012,for and
in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, subject to the
following reservations and exceptions, has GRANTED, BARGAINED, SOLD, and
CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and CONVEY unto
TCRG OPPORTUNITY IX, LLC, a Texas limited liability company ("Grantee"), whose
mailing address is 5201 Camp Bowie Blvd., Suite 200, Fort Worth, Texas 76107, the described
tract of land described on Exhibit A attached hereto and made a part hereof for all purposes
("Property")
This conveyance is made subject to all covenants, conditions, reservations, restrictions,
rights of way, easements and leases, if any, that are valid, in existence, and of record, or are
apparent by visual inspection.
Grantor expressly reserves all interests in and right to remove all oil, gas, groundwater,
sulphur and other minerals, together with all attendant mineral rights, water rights, royalty
interests, and development rights, together with any and all rights of leasing, exploration and
development, if any; provided, however, that Grantor waives the right to use the surface of the
Property for exploration or extraction, pedestrian or vehicular access to the minerals, seismic
testing, or other purposes, with the understanding that the development of the reserved oil, gas,
groundwater, sulphur or other minerals will occur off the Property, including, for example, by
directional drilling or pooling, provided, that such operations in no manner interfere with the
surface or subsurface support of any improvements constructed or to be constructed on the
Property. Grantee shall have the right to use groundwater for household and domestic purposes
only related to development of the Property.
TO HAVE AND TO HOLD, subject to the reservations and exceptions herein, the
Property, together with all and singular the rights, improvements and appurtenances thereto in
anywise belonging unto Grantee, its successors and assigns forever, without express or
implied warranty. All warranties and covenants, whether express or implied, that might
arise by common law as well as those in Section 5.023 of the Texas Property Code(or its
successor)are excluded.
27167:Deed Without Warranty TarrantCty 159ac
DocuSlgn Envelope ID:42C68280-0837-4875-8124-9E2D2D12CE65
GRANTEE AGREES AND ACKNOWLEDGES THAT GRANTOR IS SELLING
THE PROPERTY STRICTLY ON AN "AS IS, WHERE IS" BASIS, WITHOUT
WARRANTY,EXPRESS OR IMPLIED,WITH ANY AND ALL LATENT AND PATENT
DEFECTS. GRANTEE HAS INSPECTED THE PHYSICAL CONDITION OF THE
PROPERTY,INCLUDING ALL IMPROVEMENTS THEREON,AND ACCEPTS TITLE
TO THE SAME "AS IS" IN ITS EXISTING PHYSICAL CONDITION. GRANTEE
ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION,
WARRANTY,STATEMENT OR OTHER ASSERTION OF THE STATE OF TEXAS,AS
GRANTOR, INCLUDING THE GENERAL LAND OFFICE, THE SCHOOL LAND
BOARD, OR ANY OFFICIAL,AGENT,REPRESENTATIVE OR EMPLOYEE OF THE
FOREGOING, WITH RESPECT TO THE PROPERTY'S CONDITION. GRANTEE IS
RELYING SOLELY AND WHOLLY ON GRANTEE'S OWN EXANIINATION OF THE
PROPERTY.THE STATE OF TEXAS AND ITS AGENCIES DISCLAIM ANY AND ALL
EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY MAKE NO
WARRANTIES OF HABITABILITY,MERCHANTABILITY,SUITABILITY,FITNESS
FOR ANY PURPOSE, OR ANY OTHER WARRANTY WHATSOEVER. GRANTEE IS
PUT ON NOTICE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAY BE OF
RECORD AND GRANTEE IS ADVISED TO EXAMINE ALL PUBLIC RECORDS
AVAILABLE REGARDING THE PROPERTY.
NO EMPLOYEE OR AGENT OF GRANTOR IS AUTHORIZED TO MAKE ANY
REPRESENTATION OR WARRANTY, AS TO THE QUALITY OR CONDITION OF
THE PROPERTY, MERCHANTABILITY, SUITABILITY OR FITNESS OF THE
PROPERTY FOR ANY USE WHATSOEVER, KNOWN OR UNKNOWN TO
GRANTOR, OR COMPLIANCE,WITH ANY ENVIRONMENTAL PROTECTION,
POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR
REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO
THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY
HAZARDOUS WASTE OR SUBSTANCE. IN NO EVENT SHALL GRANTOR BE
RESPONSIBLE OR LIABLE FOR LATENT OR PATENT DEFECTS OR FAULTS, IF
ANY, IN THE PROPERTY, OR FOR REMEDYING OR REPAIRING THE SAME
INCLUDING, WITHOUT LIMITATION, DEFECTS RELATED TO ASBESTOS OR
ASBESTOS CONTAINING MATERIALS, LEAD, LEAD-BASED PAINT,
UNDERGROUND STORAGE TANKS OR HAZARDOUS OR TOXIC MATERIALS,
CHEMICALS OR WASTE, OR FOR CONSTRUCTING OR REPAIRING ANY
STREETS, UTILITIES OR OTHER IMPROVEMENTS SHOWN ON ANY PLAT OF
THE PROPERTY.
BY CLOSING THIS TRANSACTION, GRANTEE ACK1'iOWLEDGES THAT
GRANTEE HAS FULLY INSPECTED THE PROPERTY,IS FULLY SATISFIED WITH
THE PROPERTY IN ALL RESPECTS "AS IS, WHERE IS, WITH ANY AND ALL
FAULTS", IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY OF
GRANTOR IN PURCHASING THE PROPERTY FROM GRANTOR, AND ACCEPTS
ANY LIABILITIES OR COSTS ARISING IN CONNECTION WITH THE CONDITION
OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO ANY COSTS OR
LIABILITIES PERTAINING TO ANY ENVIRONMENTAL CONDITION ON THE
PROPERTY.
27167:Deed Without Warranty_TarrantCty 159ac
DocuSign Envelope ID:42C68280-0837-4B75-8124-9E2D2D12CE65
Witness my hand and seal of office effective this the day �-of r2016.
The STATE OF TEXAS for the use and benefit of the Permanent School Fund.
DocuSigDed by:
By: 'l V!'-•
GEORGE P.BUSH, COMMISSIONER,
TEXAS GENERAL LAND OFFICE,
CHAIRMAN, SCHOOL LAND BOARD `~
Approved:
Legal:
Director
CIO:
Dep.GC: aR V
Gen.Counsel:
Executive:_ f T�L')
NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006, COMBINED WITH
GOVERNMENT CODE § 2051.001, AUTHORIZES THE RECORDATION OF THIS
INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE
SIGNATURE OF THE COMMISSIONER OF THE TEXAS GENERAL LAND OFFICE.
AFTER RECORDING PLEASE RETURN TO:
DLA Piper LLP
Attn: Craig Anderson
1717 Main Street, Suite 4600
Dallas,Texas 75201-4629
27167:Deed Without Warranty_TarrantCty 159ac
DocuSign Envelope ID:42C68280-0837-4B75-B124-9E2D2D12CE65
EXHIBIT A
DESCRIPTION, of a 158.903 acre (6,921,836 square foot) tract of land situated in the W M
McCowen Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas; said tract being
all of Tract 1 described in Special Warranty Deed to The State of Texas, for the Use and Benefit
of the Permanent School Fund recorded in Instrument No. D205225661 of the Official Public
Records of Tarrant County, Texas; said 158.903 acre (6,921,836 square foot) tract being more
particularly described as follows:
BEGINNING, at a brass TxDOT monument found for corner at the north end of a corner clip at
the intersection of west right-of-way line of Interstate Highway No. 35W (a variable width right-
of-way) and the north right-of-way line of Golden Triangle Boulevard (a variable width right-of-
way);
THENCE, South 52 degrees, 01 minutes, 55 seconds West, departing the said west line of
Interstate Highway No. 35W and along the said north line of Golden Triangle Boulevard, a
distance of 93.26 feet to a 1/2-inch iron rod with red "WAI"cap found for corner;
THENCE, South 89 degrees, 29 minutes, 17 seconds West, continuing along the said north line
of Golden Triangle Boulevard, a distance of 2,006.50 feet to a PK-nail with "PACHECO KOCH"
washer set for corner in the approximate centerline of Harmon Road (a generally recognized
public road);
THENCE, North 00 degrees, 19 minutes, 24 seconds West, along the said approximate
centerline of Harmon Road, a distance of 3,097.54 feet to a PK-nail with "PACHECO KOCH"
washer set for corner at the intersection of the said approximate centerline of Harmon Road and
the approximate centerline of Keller-Hicks Road (a generally recognized public road);
THENCE, North 89 degrees, 40 minutes, 14 seconds East, departing the said approximate
centerline of Harmon Road and along the said approximate centerline of Keller-Hicks Road, a
distance of 1,946.15 feet to a PK-nail with "PACHECO KOCH"washer set for corner; said point
being the northwest corner of that tract of land described in Special Warranty Deed to 11501
Partners Ltd recorded in Instrument No. D205211873 of said Official Public Records;
THENCE, South 02 degrees, 35 minutes, 21 seconds West, departing the said approximate
centerline of Keller-Hicks.Road and along the west line of said 11501 Partners Ltd tract, a
distance of 835.68 feet to a 1/2-inch iron rod with red cap found for the southwest corner of said
11501 Partners Ltd tract;
THENCE, South 79 degrees, 10 minutes, 36 seconds East, along the south line of said 11501
Partners Ltd tract, a distance of 755.92 feet to a 1/2-inch iron rod with red cap found for corner
in the said west line of Interstate Highway No. 35W; said point being the southeast corner of
said 11501 Partners Ltd tract;
THENCE, in a southerly direction, along the said west line of Interstate Highway No. 35W, the
following three(3)calls:
South 14 degrees, 24 minutes, 08 seconds West, a distance of 1,194.68 feet to a brass
TxDOT monument found for angle point;
27167:Deed Without Warranty_TarrantCty 159ac
DocuSign Envelope ID:42C68280-0837-4875-8124-9E2D2D12CE65
South 17 degrees, 53 minutes, 36 seconds West, a distance of 400.91 feet to a brass
TxDOT monument found for angle point;
South 14 degrees, 24 minutes, 40 seconds West, a distance of 534.78 feet to the POINT
OF BEGINNING;
CONTAINING:6,921,836 square feet or 158.903 acres of land, more or less.
27167:Deed Without Warranty TarrantCty 159ac
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
N'ame ofEmployee
Title G