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HomeMy WebLinkAboutContract 53984 CSC No.53984 Jun 8,2020 12:18 P M 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, Assistant City Manager, or Planning and Development Director, and Clearfork Tradition, LP, a Texas Limited Partnership ("Licensee"), owner of the real property located at 5755 Clearfork Main Street, Fort Worth, Texas 76109("Property"), acting by and through its duly authorized Manager. 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, attached as "Exhibit C" and incorporated herein for all purposes;and WHEREAS, the City has a drainage easement(the"Easement") in the Property as shown on the map attached to this Agreement as "Exhibit A," which is incorporated herein for all purposes; and WHEREAS, Licensee desires to construct, place, and/or maintain certain improvements which will encroach in, on,above,or below the City's Easement; and WHEREAS, to accommodate the needs of the Licensee, the City will allow the encroachment under the terms and conditions as set forth in this Agreement. NOW,THEREFORE,the City and Licensee agree as follows: AGREEMENT 1. The 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 in, on, above, or below and occupy a portion of the City's Easement as described in and at the location shown on Exhibit A, but only to the extent shown thereon, for the purpose of 2,462 square feet of bridge crossing drainage easement (the "Encroachment"). Upon completion of the Encroachment, Licensee agrees to be responsible for maintaining the Encroachment within 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. OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial 'jX FT. � � 2. All construction, maintenance, or operation in connection with such Encroachment, use, and occupancy shall comply and be performed in strict compliance with this Agreement and with the Charter, Ordinances, and Codes of the City, and in accordance with the directions of the Director of the Transportation and Public Works Department or the Director of the Water Department, or their duly authorized representative. Prior to the construction of the Encroachment, Licensee shall submit all plans and specifications to the applicable Director or duly authorized representative. Licensee shall not commence construction of the Encroachment until such approval shall be indicated in writing by the applicable Director or authorized representative. However, such approval shall not relieve Licensee of responsibility and liability for concept, design, and computation in the preparation of such plans and specifications. 3. Licensee, at no expense to the City, shall make proper provisions for the relocation and installation of any existing or future utilities affected by such Encroachment, use, and occupancy, including securing the approval and consent of the appropriate utility companies and agencies of the State and its political subdivisions. In the event that any installation, reinstallation,relocation, or repair of any existing or future utility or improvements owned by or 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 the 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 their duly authorized representative. 4. Licensee agrees that the 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. The City shall bear no responsibility or liability for any damage or disruption or other adverse consequences resulting from the Encroachment installed by Licensee, but the City will make reasonable efforts to minimize such damage. 5. Upon termination of this Agreement, Licensee shall,at the option of and at no expense to the City,remove the Encroachment and restore the Easement to a condition acceptable to the Director of Transportation and Public Works or the Director of the Water Department, or their duly authorized representative, in accordance with then- existing City specifications. It is understood and agreed to by Licensee that if this Easement Encroachment Agreement-Commercial Page 2 of 12 Revised 12/2018 Agreement terminates and Licensee fails to remove the Encroachment as directed and restore the Easement, Licensee hereby gives the City permission to remove the Encroachment and any supporting structures and assess a lien on the Property for the costs expended by the City in taking such actions. 6. In order to defray all costs of inspection and supervision which the 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, Licensee agrees to pay to City at the time this Agreement is requested an application fee of in the sum of Five Hundred Dollars ($500.00). 7. The term of this Agreement shall be for thirty (30) years, commencing on the date this Agreement is executed by the City. However, this Agreement may be terminated upon Licensee's noncompliance with any of the terms of this Agreement. City shall notify Licensee in writing of any noncompliance and if not cured within thirty (30) days, this Agreement shall be deemed terminated, unless such noncompliance is not susceptible to cure within thirty (30) days, in which case this Agreement shall be deemed terminated in the event that Licensee fails to commence and take such reasonable steps as are necessary to remedy the noncompliance within thirty (30) days after written notice specifying the same, or having so commenced, thereafter fails to proceed diligently and with continuity to remedy same. 8. It is further understood and agreed between the parties hereto that the Easement to be used and encroached upon 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. 9. LICENSEE COVENANTS AND AGREES TO INDEMNIFY, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS Easement Encroachment Agreement-Commercial Page 3 of 12 Revised 1212018 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, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, 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 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. 10. 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 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 thirty (30) days prior written notice to the Building Official of the City. 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 the City on the anniversary date of the execution of this Agreement. Licensee agrees, binds, and obligates itself and 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 Licensee's contractors and subcontractors. 11. Easement Encroachment Agreement-Commercial Page 4 of 12 Revised 12/2018 Licensee agrees to deposit with the 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. 12. Licensee agrees to comply fully with all applicable federal, state, and local laws, statutes, ordinances, codes, and regulations in connection with the construction, operation, and maintenance of the Encroachment and uses. 13. 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. 14. 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. 15. 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-party may have an interest. Licensee agrees that it will obtain all necessary permissions before occupying such property. 16. In any action brought by the City for the enforcement of the obligations of the Licensee,the City shall be entitled to recover interest and reasonable attorneys' fees. 17. Easement Encroachment Agreement-Commercial Page 5 of 12 Revised 12/2018 The parties agree that the duties and obligations contained in Section 5 shall survive the termination of this Agreement. 18. 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 the 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 default or otherwise shall not require City approval provided that said lender notifies City in writing within sixty (60) days of such foreclosure or assignment and assumes all of Licensee's 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. 19. 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. 20. This Agreement shall be binding upon the parties hereto and their successors and assigns. 21. This Agreement may be executed in multiple counterparts,each of which shall be considered an original, but all of which shall constitute one instrument. [SIGNATURES APPEAR ON FOLLOWING PAGE] City: Licensee: CITY OF FORT WORTH Clearfork Tradition,LP Easement Encroachment Agreement-Commercial Page 6 of 12 Revised 12/2018 By: DJ Ha (Jun 3,2020 08:07 C0r1 By: _ _ 61 �S �Et Cr Director Name:Title: !r/r�' �r.�tari b�O...t,.�G Sewvctelli( +'. X !jpl..l-cj �t.�+ter Date: Jun 3,2020 Date: 20�» By: Name: Title: Date: ATTEST: U` tides :-C f' Approved As To Form and Legality 1 .+ Malt Murrav Matt Murray(Jun 3,2020 07:59 CDT) City Secretary Matthew A. Murray f:Wj3C Set„3 Y.10 Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contr ct, i ding ensuring all performance and r orting requirements. Janie S. Morales Development Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Easement Encroachment Agreement-Commercial Revised 12/2018 f fFa I 11111119111f 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 W jk**RacLL known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3 day of .tune 420 20 LAURIE Digitally signed by LAURIE PEOUENO LEWIS p,RY PVe� LAURIE PEQUENO LEWIS PEQUENO LEWIS Data:2020.06.0317:52:45-05'00' Notary * # STATE OF TEXAS Notary Public in and for the State of Texas P Notary LID. 132278952 9�OF My Comm.Exp.Dec. 10,2023 After recording return to: Planning& Development Development Coordination Office 200 Texas Street Fort Worth,Texas 76102 OFFICIAL RECORD CITY SECRETARY Easement Encroachment Agreement-Commercial FT.dQQik1,TX STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of rel at , on this day personally appeared Holt Perlman, Manager (Title) known to me to be the person whose namc is subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed, as the act and deed of Clearfork Tradition, LP, a Texas Limited Partnership(entity type),and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of r; 20?.v . Notary Public in and for the �;t�e LISA � C.GROS State of±� a :�+%Notary Public,State of Texas ,`� +`d Comm.Expires 08-01-2023 '�iprofi% Notary ID 128728883 OFFICIAL RECORD CITY SECRETARY FT +"00 ,TX Easement Encroachment Agreement-Commercial Page 9 of 12 Revised 1212018 EXHIBIT A Map of Easement and Encroachment Easement Encroachment Agreement-Commercial Page 10 of 12 Revised 12/2018 CURVE TABLE NO. DELTA RADIUS LENGTH BEARING DISTANCE C1 58° 17'48'' 18.50' 18.82' S 340 25'02'' W 18.02' 1�Y A 1�l ° 0 40 80 o - �Qdc�� -" GRAPHIC SCALE IN FEET 'INTEGRAL PARTS OF THIS DOCUMENT" -" 1. DESCRIPTION 2. EXHIBIT BASIS OF BEARING IS THE TEXAS COOEDINAT NAD 83 NORTH CENTRAL - Ge G IRF • IRON ROD FOUND --- Semi 562 ep05 6'ZG�� 3 Nb \ 3 a - - "X" Cut NO \ 14 � e Esm32 CZ \ 0� a�� i�a9 dt�j0_n'�q �r a 603 �0 e�C'1 IRF C'Ieot{O�K (0��`!^ J° v 2_ tt �L O j -. \IRF \ O \ C1 01� 9Q \ 0 69 Cleorfork Tradition,LP \ lnst.* D220015942 IRF \ \ N \` C.R.T.C.T. �p�� \ Cleorfork Association,lnc. \ ��No o \ S26a �.�� \ lnst.* D213004083 \ 0 \ rt \ C.R.T.C.T. \ \ n y E o. LO •\ o9e r o "Preliminary, this document shall not be recorded for any purpose and shall not \ G be used or viewed or relied upon as a \ a to final survey document" 22 TAC 663.18C 0 Todd A. Bridges, RPLS 4940 Date: 4/21/2020 EXHIBIT OF AN n Encroachment Tract SITUATED IN THE L.J. EDWARDS SURVEY, ABSTRACT NUMBER 464, ICE LOTON I ICITY OF FORT WORTH, TARRANT COUNTY, TEXAS. ILAND SO LUTIONS 77 9"0 HILLWO0.PARKWAY,SUITE 250 JOB# TSL19001 DRAWN BY: TBR CHECKED BY: TAB DATE:04-20-2020 PAGE#2 of 2 FORT WORTH,TEXAS 76177 PH.#617-562-3350 G:\JOB\TSL 19001_Tr odi tion_Clear fork Waster Dev\—Sur vey\Exhibits\TSL 19001_Ex2.dgn Default 4/21/2020 1:10:50 PM R0. Q N EOWnR05 RP P Z z O Cw wC _ G G w W M cf) U) rn Q � Qu') R, LLI M W N z N N VICINITY MAP p W ® N.T.S. p d o 0 CV — - - �- - -• — � U 1 x I W j Lu W W cn (nccnn I BRIDGE I z w z co Q lL w Z xLu � O Y 1= ix - - i I O � x Y I I cr- W � Q I I Ix W X W LU z Lu 0 zz co Q N x x I W X w w I "' >_ I I 69' COFW DRAINAGE I I x ESMT(D176532255) a � 0 o I THE TRADITION - CLEARFORK o' E Il ! PELOTON EXHIBIT: ENCROACHMENT SITE PLAN ao o I LAND SOLUTIONS m FORT WORTH-TEXAS O o MAY 8,2020 a ISSISSISIcD gg �o za Z Z5. g 3 y 'gig s°i}E} 010 O E a IL LU O Z g HpI— W 0 8m� CD =Z W wg CD >(L $ > 6 (p Z NQ LL Q e }U I. I- 6 N 6 6 I' I o �__ —}------ — -- --- ------- I -------- --- I 1 r I I e 1 1 I 1 1 --- --- ------ I 11 ee I AI il6 1 v Y Y A I Y Y l u y I B Y A fl I fl A II Y � e l I fl I II o u o j J z I I I n I o I II II o n y l e Y Y I A II O Y v y J e l I n I Y Y A Y y OX Yfll AX fl0 Ay d YY AYI tll III �y/ I A n B II I A I B X R 1l1 Z I i A io 1 �o Di IR � 0 0 II tl l a-sey fl A D d Q d I Y A fl I Y A II 3 p I tl Y X Y I A I O A d I � AY on I AI fll A o A n 1 o A u l � UA EliAN elll Ae of 1 p n u fl l h e$ Fn W _ A 0 A e I 4 A Y I Ry I O A0 on i nu ae y �� F—§ II Yu 1 ne an p' Q . tll tlA I All IIC U u II A A II I I p Y A W Q A A o n I X n A A y W iLLJh XI YAfl nl� IA d M ee tlAS Yn uA y s � no oA Yu uu ; un uY nn nl � R c oY nll IA Yel nu t __' c�"a->•— fey / i / — — 1 1"8 m a/a I I ES tl 'S z _ :3111 A��alwsyzeP eP+osNzai Wuwy ml nstewwl�e4P MPrcW9s sry�p wmeN ial kSQzuodz sse1WLL'uwos�eyx asod�M lu.wYlOOLLMaPa.a W.1 :31W N+ep Mue�u1eu ary'yp a?p'�d BuieanBu3 anal W M Pauuro8 M Pie Wqs 9NP ezn W1 :tl3W V1�5q DESCRIPTION OF AN ENCROACHMENT TRACT BEING a tract of land situated in the L.J.Edwards Survey,Abstract Number 464, City of Fort Worth,Tarrant County, Texas,being a portion of that tract of land described by deed to Clearfork Tradition,LP, recorded in Instrument Number D220015944, County Records, Tarrant County,Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the northwest corner of said Clearfork Tradition tract(hereinafter referred to as Tradition tract 1), and the northeast corner of that tract of land described by deed to Clearfork Tradition,LP,recorded in Instrument Number D220015942 (hereinafter referred to as Tradition tract 2), said County Records, and being in the south line of that tract of land described by deed to Texas Electric Service Company,recorded in Volume 2588,Page 562, said County Records, from which an"X"Cut found at the northeast corner of Lot I IR2, Block 1,Edwards Ranch Clearfork Addition, an addition to the City of Fort Worth,Texas, recorded in Instrument Number D220007043, said County Records,bears N 63033'18"E, 100.14 feet, said"X" cut also found at the northwest terminus of Clearfork Main Street, a variable width right-of-way recorded in Instrument Number D212292930; THENCE S 26030'33"E, 35.00 feet,with the west line of said Tradition tract 1 and the east line of said Tradition tract 2,to the POINT OF BEGINNING; THENCE N 63033'56"E, 69.20 feet,departing said common line,to the west line of said Lot I IR2; THENCE S 26030'33"E, 35.00 feet,with said west line, from which a 5/8 inch iron rod,with plastic cap stamped"Peloton", found at the southeast corner of said Tradition tract 1 bears S 26030'33"E, 13.53 feet; THENCE S 63033'56"W, 53.45 feet, departing said west line,to the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 18.82 feet,through a central angle of 58017'48", having a radius of 18.50 feet,the long chord which bears S 34°25'02"W, 18.02 feet, to the aforementioned common east-west line,from which a 5/8 inch iron rod,with plastic cap stamped"Peloton",found at the southwest corner of said Tradition tract 1 bears S 26°30'33"E, 4.44 feet; THENCE N 26030'33"W,43.78 feet, with said common line,to the Point of Beginning and containing 2,462 square feet or 0.056 acres of land more or less. "Integral Parts of this Document" 1. Description 2. Exhibit Peloton Job No.TSL 19001 Ft.Worth April 21,2020 G:\JOB\TSL19001 Tradition Clearfork\MasterDev\ Survey\Exhibits\Legals\TSL19001_Ex2.docx Page 1 of EXHIBIT B Certificate of Insurance Easement Encroachment Agreement-Commercial Page 1 t of 12 Revised 12/2018 EXHIBIT C Metes and Bounds or Location Description of the Property Easement Encroachment Agreement-Commercial Page 12 of 12 Revised 12/2018 BEING a tract of land situated in the Lemuel J. Edwards Survey, Abstract No. 464, Tarrant County,Texas,and being a portion of that certain tract of land described by deed to Clearfork Association, Inc_, y recorded in Count,Texas,said Tract of land being more Clerk's Document Number D219059386, Deed Records,Tarrant County, particularly described by metes and bounds as follows: BEGINNING at a found 5/8-inch Iron rod for the northeast corner of said Clearfork Association tract, being the northeast of that certain tract of land described by deed to Cassco Development Company, Inc:, recorded in County Clerk's Document Number D219059386, Deed Records, Tarrant County, Texas, and being in the south line of that tract of land described by deed to Texas Electric Service Company, recorded in Volume 2588, page 562, Deed Records,Tarrant County, Texas. THENCE North 63'24'26"East, a distance of 69.20 feet to a point in the south line of said Texas Electric Service Company tract and the north line of said Clearfork Association tract, to the northeast corner of said Clearfork Association tract and the northwest corner of Lot 11, Block 1, Edwards Ranch Clearfork Addition,an Addition to the City of Fort Worth,Tarrant County, Texas,recorded in County Clerk's Document Number D212292930, Deed Records, Tarrant County, Texas; THENCE South 26"30'33"East,with the east line of said Clearfork Association tract and the west line of said Lot 11, Block 1, Edwards Ranch Clearfork Addition, a distance of 97.81 feet to a point; THENCE South 63`49'26"West, departing said common line, a distance of 69.20 feet to a point in the west line of said Clearfork Association tract and the east line of said Cassco Development tract; THENCE North 26'30'33"West, a distance of 97.30 feet to the POINT OF BEGINNING and containing 6,750 square feet or 0,155 acre of land. Exhlbit"A"tl,egtl Description) Page 1 of 2 19.0106 � �m+ors,'.+rsr.w....-a..-�..:.a.Y.,....,__....�......--,----.--.......,.,-..,..«....�.-,.�..... PERMITTED EXCEPTIONS Terms, conditions,and stipulations of Oil,Gas and Mineral lease,a Memorandum of which is dated August 1,2007, filed for record under Clerk's File No. D207329186, Deed Records of Tarrant County,Texas,as affected by Stipulation of Surface Rights filed for record under Clerk's File No. D211191428, Deed Records of Tarrant County,Texas and by Stipulation of Surface Rights filed for record under Clerk's File No, D212093795,Deed Records of Tarrant County,Texas. A 20 foot wide easement for permanent drainage filed for record under Clerk's File No. D207348714, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 28, 2019 prepared by Stephen R.Glosup, Registered Professional Land Surveyor No. 5570, Terms,conditions, restrictions of,and easements granted by Declaration of Covenants,Conditions and Restrictions,filed for record under Clerk's File No. D208439441, Deed Records of Tarrant County,Texas,as may be amended,and noted on survey plat dated January 28, 2019 last revised January 17, 2020 prepared by Stephen R.Glosup, Registered Professional Land Surveyor No. 5570. Lien securing assessments and/or charges as set forth in document recorded under Clerk's File No. D208439441,Deed Records of Tarrant County,Texas,as may be amended. Interest in all oil,gas,and other minerals as conveyed in deed filed for record under Clerk's File No.D209329352,Deed Records of Tarrant County,Texas,as affected by said document stating"Grantor expressly reserves and retains the right to..,approve all ingress and egress over,upon and across the Land and all other uses of the surface of said Land by any mineral owner or mineral lessee." Easement for sanitary sewer filed for record under Clerk's File No. D210042878, Deed Records of Tarrant County,Texas, and shown on survey plat dated January 28, 2019 last revised January 17,2020 prepared by Stephen R. Glosup, Registered Professional Land Surveyor No. 5570. A 10 foot easement for pipeline and right-of-way filed for record under Clerk's File No.D211279593, Deed Records of Tarrant County, Texas, and shown on survey plat dated January 28, 2019 last revised January 17, 2020 prepared by Stephen R. Glosup, Registered Professional Land Surveyor No. 5570. Interest in all water estate and water as reserved in deed filed for record under Clerk's File No. D212037741,as corrected in Deed filed for record under Clerk's File No.D219059386, Deed Records of Tarrant County,Texas,as affected by said documents stating"Grantor hereby waives any rights to use any portion of the surface of the Property for the exploration, recovery or distribution of such water." Interest in all water estate and water as reserved in deed filed for record under Clerk's File No. D213001549, Deed Records of Tarrant County,Texas as affected by said document stating"Grantor hereby waives any rights to use any portion of the surface of the Property for the exploration,recovery or distribution of such water," Interest in all oil,gas,and other minerals as conveyed in deed filed for record under Clerk's File No. D219004060,Deed Records of Tarrant County,Texas. Terms,conditions,stipulations of,and easements granted by DRAINAGE EASEMENT, recorded in Volume 6032,Page 32, Deed Records of Tarrant County,Texas. Interest in all oil,gas,and other minerals as reserved in deed filed for record under Clerk's File No. D213004083, Deed Records of Tarrant County,Texas.Title to said mineral interest has not been checked subsequent to the date of recording of the referenced instrument. THE PERMITTED EXCEPTIONS LISTED ABOVE ARE SOLELY FOR THE PURPOSE OF QUALIFYING THE ESTATE CONVEYED HEREIN AND GRANTOR'S WARRANTY OF TITLE,AND NO REFERENCE OR RECITAL HEREIN SHALL CREATE,ENLARGE,EXTEND,RATIFY,CONFIRM OR BE THE BASIS FOR ANY RIGHT,TITLE,ESTATE,CLAIM OR DEMAND IN FAVOR OF ANY PARTY OTHER THAN GRANTOR AND GRANTEE,AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.