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HomeMy WebLinkAboutContract 41878 (3)TY SECRETARY , r8 CTRAGI NO. L. SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made as of July 6, 2009 (the "Effective Date"), by and between the CITY OF FORT WORTH ("City"), a home -rule municipality, located in Tarrant County, Texas, and BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE JR. CIHARITABLE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA , N.A., TRUSTEE OF THE A.M. PATE III TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE SHARON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE ADLAI PRESTON PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE, JR. TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE MASON LANSDEN PATE TRUST CREATED UNDER TIIE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST CREATED UNDER TIIE WILL OF A.M. PATE, JR., DECEASED; BANK OF AMERICA, N.A., TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED DECEMBER 7, 1996; BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED JUNE 7, 2007; BANK OF AMERICA, N.A., TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED JUNE 28, 2007; TEXAS CHRISTIAN UNIVERSITY; TEXAS WESLEYAN UNIVERSITY, HAVING TAKEN TITLE AS TEXAS WESLEYAN COLLEGE; AUSTIN COLLEGE AND CHARLES PATRICK PATE, INDIVIDUALLY ("Owners"). Where appropriate, City and Owners may be collectively referred to as the "Parties" or individually as a "Party". Recitals A. City is a home -rule municipality located in Tarrant County, Texas, having the power of eminent domain authorized by the Texas Constitution as regulated by the laws of the State of Texas. B. Each of the persons or entities defined above as • "Owners" owns an undivided interest in certain property located in the extraterritorial jurisdiction of City in Tarrant County, Texas, and described on attached Exhibit A ("Owners' Property"). The undivided interest in Owners' Property owned by each of Owners is as follows: BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 50.000% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. CHARITABLE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANKsOF AMERICA N.A., TRUSTEE OF THE A.M. PATE III TRUST CREATED UNDER THE WipitrADII�►� PATE; JR., DECEASED, as to an undivided 3.125% interest,city sticattARY 253801v - - Settlement Agreement Page l BANK OF AMERICA N.A., TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE SHARON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE ADLAI PRESTON PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR. TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE MASON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 2.083% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA, N A. TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER AGREEMENT DATED DECEMBER 7, 1996, as to an undivided 1.5625% interest, BANK OF AMERICA N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER AGREEMENT DATED JUNE 7, 2007, as to an undivided 1.5625% interest, BANK OF AMERICA N.A. TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER AGREEMENT DATED JUNE 28, 2007, as to an undivided 1.042% interest, CHARLES PATRICK PATE as to an undivided 3.125% interest, TEXAS WESLEYAN UNIVERSITY, having taken title as TEXAS WESLEYAN COLLEGE, as to an undivided 6.250% interest, TEXAS CHRISTIAN UNIVERSITY as to an undivided 6.250% interest, and AUSTIN COLLEGE as to an undivided 6.250% interest. C. City has threatened eminent domain proceedings to acquire certain tracts of land (the "Target Pronertv") for a widened Dirks Road right-of-way and for drainage, waterline and utility easements The Target Property is descnbed on attached Exhibit B and is part of the Owners' Property. City's 253801v7 Settlement Agreement Page 2 intent is to acquire the Target Property for a public use, namely the widening of a thoroughfare and the construction of certain utilities thereon. D. Owners and City enter into this Settlement Agreement to compromise and settle the threatened eminent domain action by City (the 'Action") and the adequate compensation claims of Owners against City, by Owners' conveying the Target Property to City and City's paying the consideration stated herein. NOW, THEREFORE, in consideration of the covenants contained herein, as well as other good and valuable consideration, the Parties covenant and agree as follows: 1. Recitals. The recitals set forth above are a part of and form the basis for this Agreement. 2. Conveyance. (a) Owners agree to sell to City and City agrees to buy from Owners the Target Property on the terms described herein. Each of the Owners will warrant title only as to that respective Owner's undivided interest. (b) The Target Property is composed of the following tracts: (i) Right -of -Way Acquisition of 7.374 (5.498 + 1.184 +.692) acres, called "Dirks Road right-of-wav,"; (ii) Permanent Drainage Easement of .184 acres; (iii) Permanent Water Line Easement of .845 (.366 + .479) acres; and (iv) Permanent Utility Easement .357 (.215 + .142) acres. 3. Consideration. 253801v7 City will pay Owners for the purchase of the Target Property the sum of $2,612,500 in the form of $1,000,000 cash at closing and a promise to credit to Owners against future Transportation Impact Fees an amount equal to $1,612 500 as provided herein or, on the occurrence of certain events described herein, the payment of $1,612,500 in the future. (a) City will also reimburse Owners' actual fence relocation costs along the frontage of Dirks Road being the sum of $17,157.80. (b) For purposes of this Agreement, the term " Transportation Impact Fees" means those fees and charges imposed by City pursuant to Transportation Impact Fee Ordinance No. 18083-05-2008 adopted by the City of Fort Worth on May 13, 2008, and all amendments, substitutions, and successors thereto. With respect to the Transportation Impact Fees, City will credit against future Transportation Impact Fees otherwise due and attributable to Owners' Property, a sum equal to but not to exceed $1,612,500 ("Transportation Impact Fee Settlement Agreement Page 3 Credits") at the time of platting and otherwise due upon building permit issuance by ordinance. The Transportation Impact Fee Credits will apply without regard to the ownership of Owners' Property at the time of platting and are assignable by Owners, in whole or in part, to any subsequent owner or owners of any property within the Pate Tract Boundary (as defined herein) without the necessity of obtaining City's consent, but Owners shall provide notification to the City at the time of assignment. The Pate Tract Boundary is described or depicted on Exhibit D. The Transportation Impact Fee Credits will expire 10 years from the closing of the sale from Owners to City, but may be extended upon approval of the City Council of the City. 4. Expansion of Dirks Road. City will, at its sole cost, properly construct in a good and workmanlike manner, the expansion of Dirks Road according to the plans attached hereto as Exhibit C so that upon completion it will be a six -lane road, from the proposed Southwest Parkway to the west right- of-way line of Bryant -Irvin Road ("Dirks Road Expansion"). 5. Dirks Road Completion. City will complete construction of the Dirks Road Expansion not later than December 31, 2012, provided construction begins on or before October 1, 2010. `Completion" shall be deemed to have occurred only when the entire six lanes of the Dirks Road Expansion are fully paved and open to traffic. If, for whatever reason City does not so complete the Dirks Road Expansion by December 31, 2012, Owners will have the remedy described in Paragraph 6 below. 6. Owners' Remedy and Enforcement. If City does not complete the Dirks Road Expansion on or before December 31, 2012, then City shall, within 30 days, pay to Owners, in cash, the remaining balance of the unused Transportation Impact Fee Credits, representing the balance of the consideration for the transfer of the Target Property If City fails to pay the remaining balance timely, Owners may file suit against City to collect the remaining balance or exercise any other right or remedy Owner may have at law or in equity by reason of City's default. This will be Seller's sole remedy against the City for failure to complete the Dirks Road Expansion. This provision shall survive the closing of this Agreement. City stipulates, acknowledges, and agrees that: (a) - City has threatened eminent domain proceedings against Owners and under this Agreement City is exercising eminent domain powers in order to take the Target Property from Owners for a public use; (b) 253801v7 This Agreement and sale is a settlement of eminent domain and adequate compensation claims; and Settlement Agreement Page 4 (c) Failure by City to timely pay upon demand any money due to Owners as described in this Agreement shall be deemed a taking by City for which City has no governmental immunity under the Texas Constitution or other laws of the State of Texas. Title Policy and Closing. (a) Closing will take place on or before 5:00 p m (CDT) July , 2009. If the sale and purchase of the Target Property does not close by such date, this Agreement shall become null and void for all purposes and the Parties shall have no further obligations or liabilities to each other under this Agreement. (b) At closing, Owners shall deliver the bid for fence relocation and shall execute and deliver the following: (i) a special warranty deed ("Deed") in the form of attached Exhibit E; (ii) the Permanent Drainage Easement in the form of attached Exhibit F, (hi) the Permanent Water Line Easement in the form of attached Exhibit G; and (iv) the Permanent Utility Easement in the form of attached Exhibit H. (c) At closing, Purchaser shall pay $1,000,000 cash plus $17,157.80, being the cost of the fence relocation. (d) Owners will provide at closing and at City's expense a standard owner's policy of title insurance. Rattikin Title Company, 201 Main Street, Suite 800, Fort Worth, Texas 76102 (Larry Townsend), will be the title company and office for closing and title insurance purposes. (e) (f) (g) General real estate taxes and personal property taxes for the then current year relating to the Target Property and utilities charges, if any, shall be pro -rated as of the closing date and shall be adjusted in cash at closing. If the closing shall occur before the tax rate is fixed for the then -current year, the apportionment of taxes shall be upon the basis of the tax rate for the immediately preceding year applied to the latest assessment valuation of the Target Property. The following costs and expenses of closing in consummating the sale and purchase of the Target Property shall be borne and paid by Owners (i) filing and recording fees, if any, for releases of any liens or leases on the Target Property; and (ii) Owners' legal fees. All other costs and expenses of closing in consummating the sale and purchase of the Target Property, including the premium for the owner s policy of title insurance, shall be borne and paid by City. Owners' sole remedy for City's failure to complete the Dirks Road Expansion on or before December 31, 2012 is listed in paragraph 6 hereof. 8. Temporary Construction Easement. 253801v7 For the same consideration, Owners shall at the Closing execute and deliver to City the Temporary Construction Easement attached as Exhibit I. Settlement Agreement Page 5 (0 (g) (h) 253801v7 9. Miscellaneous. (a) Survival. City's obligations under paragraphs 3(b), 4, 5 and 6 hereof' and Owners' remedies for a breach, shall survive the closing and delivery of the Deed, but all other covenants and agreements of the Parties shall be merged at closing. (b) Severability. If any portion of this Agreement is held invalid or inoperative, the other portions of this Agreement shall be deemed valid and operative, and so far as it is reasonable and possible, effect shall be given to the intent manifested by the portion held invalid or inoperative. The paragraph headings herein are for reference purposes only and are not intended in any way to describe, interpret, define or limit the extent or intent of this Agreement or any part hereof. (c) Best Efforts & Good Faith. The Parties hereby agree to use best efforts and good faith in carrying out all the terms of this Agreement. The Parties hereby agree and authorize their respective counsel to execute any additional documents and take any similar procedural actions which reasonably may be required in order to effectuate the Agreement or otherwise to fulfill the intent of the Parties hereunder (d) Warranty & Guarantee. Each Party, for itself only, warrants and guarantees that such person's signature below has been duly authorized and that such Party has full authority to execute this Agreement in the capacity shown. (e) Entire Agreement. This Agreement, including the exhibits attached hereto, contains the entire agreement between the Parties relating to the subject matter of this Agreement. All prior or contemporaneous agreements, written or oral, between the Parties regarding the subject matter hereof are superseded by this Agreement. This Agreement may not be modified except by a written document signed by an authorized representative of each Party. Each Party hereto has carefully read and fully understands all of the provisions of this Agreement, which set forth the entire understanding between Owners and City. In agreeing to the terms of this Agreement, no Party is relying upon any written or oral promise or representation made by any other Party or by any employee, representative or counsel of any other Party, other than the promises and representations contained herein. Governing Law. This Agreement shall be construed, in accordance with the laws of the State of Texas, without reference to its choice of law provisions. Any and all disputes arising hereunder, including but not limited to, a claimed breach of this Agreement, shall be exclusively litigated in the state or federal courts of' the State of Texas, without reference to conflict laws of the State of Texas. Counterparts. The Parties agree that this Agreement may be executed in counterparts, and that copies or facsimiles of this Agreement shall have the same force and effect for all purposes as the original. Interpretation The language used in this Agreement has been negotiated by the Parties and will be deemed to be the language chosen by the Parties to express their Settlement Agreement Page 6 (i) mutual intent. This Agreement shall not be strictly construed against Owners by virtue of Owners preparation or drafting of this Agreement. The term 'including" as used in this Agreement is used to list items by way of example and shall not be deemed to constitute a limitation of any term or provision contained herein. No Waiver. The failure of either Party hereto to seek redress for violation of or to insist upon the strict performance of any covenant, term or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation of this Agreement, from having the effect of an original violation of this Agreement. (j) Attorney's Fees. The Parties agree that each Party is responsible for its own attorneys' fees and costs incurred in connection with the Action The Parties agree to waive any and all claims for attorneys' fees against the other Party incurred in connection with the Action. (k) Gender and Number. Words of any gender used in this Agreement shall be held and construed to include any other gender. Words in the singular number shall be held to include the plural and vice versa, unless the context requires otherwise. (1) Headings Headings used in this Agreement are used for reference purposes only and do not constitute substantive matters to be considered in construing terms and provisions of the Agreement. '(m) Notice Any notice required or permitted to be delivered hereunder shall be deemed to be delivered only when received by Owners or by City and its counsel as the case may be, at the addresses set forth below, or at any other addresses that have theretofore been specified by wntten notice delivered in accordance herewith. 253801v7 Notice to Owners shall be delivered as follows: BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED BANK OF AMERICA, N A , TRUSTEE OF THE A.M. PATE, JR. CHARITABLE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE III TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED BANK OF AMERICA, N A., TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED Settlement Agreement Page 7 All Owners: BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED-4- BANK OF AMERICA, N.A., TRUSTEE OF THE SHARON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED BANK OF AMERICA, N.A., TRUSTEE OF THE ADLAI PRESTON PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE, JR. TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED BANK OF AMERICA, N.A., TRUSTEE OF THE MASON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED BANK OF AMERICA, N.A. TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED BANK OF AMERICA, N.A. TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED DECEMBER 7, 1996 BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED JUNE 7, 2007 BANK OF AMERICA, N A. TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER AGREEMENT CREATED UNDER THE AGREEMENT DATED JUNE 28, 2007 CHARLES PATRICK PATE TEXAS WESLEYAN UNIVERSITY TEXAS CHRISTIAN UNIVERSITY AUSTIN COLLEGE • c/o Pamela A. Spadaro U S. Trust, Bank of America Global Wealth Management 901 Main Street, 16th Floor TX1-492-16-03 Dallas, Texas 75202 Email: Pamela.snadaro(Wustrust.com With a copy to: Dee S. Finley, Jr. Harris, Finley & Bogle, P.C. 253801v7 Settlement Agreement Page 8 If to City: With a copy to: 777 Main Street, Suite 3600 Fort Worth, Texas 76102 Email: dfinlevna,hfblaw.com William A. Verkest, P E Director, Transportation and Public Works Department City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Email: Wilham.Verkestna.fortworthgov.org Sarah Fullenwider Senior Assistant City Attorney City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 Sarah.Fullenwideratortwortheov.org Executed as of the Effective Date. OWNERS: Bank of America, N.A., Trustee of the A.M. Pate, Jr. Marital Trust Under the Will of A.M. Pate, Jr., Deceased By Printed Name Pamela A Spadaro Sr. Vic; president Bank of America, N.A., Trustee of the A.M. Pate III Trust Under the Will of A.M. Pate, Jr., Deceased By Pnnted Name: Pamela Sr. Vi 253801v7 padaro resident Bank of America, N.A., Trustee of the A.M. Pat; Jr. Charitable Trust Under the Will of A.M. P;e, Jr., Deceased By:C�-- Printed Name: Pamel Spadaro adaro � Sr. Viob President Bank of America, N.A., Trustee of the Sheila Lynn Pate Wolfe Trust Under the Will of A.M. Pate, Jr , Deceased By: Sada' Printed Name: Pam A. Spadaro Sr. `ice President Settlement Agreement Page 9 Bank of America, N.A., Trustee of the Charles Patrick Pate Trust Under the Will of A. Pate, Jr., Deceased By: 0 Printed Name. Pamela s . Spadaro Sr. i ' e President Bank of America, N.A., Trustee of the Adlai Preston Pate Trust Under the Will of A. ' ate, Jr., Deceased By: Printed Name. Pam 1 A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: ,mo0 Printed Name: PamelkA. padaro Sr. Vice- resident Bank of America, N.A., Trustee of the Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 By• Pnnted Name: Pamela £ . Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Revocable Trust under the Agreement dated June 28, 2007 By: Pnnted Name: Pame - A Spadaro Sr. ce President Bank of America, N.A., Trustee of the Sharon Lansden Pate Trust Under the Will of t M. Pate, Jr , Deceased By Printed Name: Pamel“ Spadaro Sr. Vice President Bank of America, N.A., Trustee for Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela ' .Spadaro Sr. V'-e President Bank of America, N.A., Trustee of the Chnstopher Todd Miller Trust Under the Will of A.M. Pate, Jr., Deceased By Printed Name: Pamel'1' . Spadaro Sr. ce President Bank of America, N.A., Trustee of the Charles Patrick Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007 By Printed Name: Pame Sr. fries Patrick Pate Spadaro ent Texas Wesleyan University, having taken title as Texas Wesleyan College By William Bleibdrey, Sr. Vice President, Finance/Admin. • 253801v7 Settlement Agreement Page 10 Bank of America, N.A., Trustee of the Charles Patrick Pate Trust Under the Will of A.M. Pate, Jr , Deceased By Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr. Deceased By: Printed Name. Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr. Deceased By: Printed Name. Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 By Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Revocable Trust under the Agreement dated June 28 2007 By: Printed Name: Pamela A. Spadaro Sr. Vice President • Bank of America, N;A., Trustee of the Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr , Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee for Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr Deceased By: Printed Name. Pamela A. Spadaro Sr. Vice President Bank of America N.A., Trustee of the Christopher Todd Miller Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patrick Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007 By: Printed Name: Pamela A. Spadaro Sr. Vice President Charles Patrick Pate Texas Wesleyan University, having taken title as T 253801v7 Settlement Agreement illiam Bleibdrr. Vice President, Finance/Admin. Page 10 Texas Christian University By: CITY: Brian Gutierrez, Vice Chancellor for Finance/Admin. CITY OF FORT WORTH, a home -rule municipality By: Name. Title: EXHIBIT L Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Austin College • By: CLAti C� Heidi B Ellis Vice President of Business Affairs APPROVED AS TO FORM AND LEGALITY By: Sarah Fullenwider Senior Assistant City Attorney IST. Owners' Property Target Property Dirks Road / Alta Mesa Construction Plans Pate Tract Boundary Special Warranty Deed Permanent Drainage Easement Permanent Water Line Easement Permanent Utility Easement Temporary Construction Easement ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr Vice President of Bank of America N A., a national banking association, Trustee of the A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas IRO 253801 v7 Settlement Agreement Page 1 1 Texas Christi By: CITY: iversi 'ria i Gutie4ez, 4klaa . Chancellor for'_ ce/Admin. Austin College By: Heidi B. Ellis Vice President of Business Affairs CITY OF FORT WORTH, a home -rule APPROVED AS TO FORM AND municipality EXHIBIT LIST: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I By: C.5a71-•- '21AL42-inAit,e„ LEGALITY: Sarah Fullen ider Senior ' tant City Attorney (1, _ r act Alit i. atioa i'Cicr? Owners' Property Target Property Dirks Road / Alta Mesa Construction Plans Pate Tract Boundary Special Warranty Deed Permanent Drainage Easement Permanent Water Line Easement Permanent Utility Easement I fFFICIAL RECORD Temporary Construction Easerhen , ; , SECRETARY detect Lu Marty 14en4r1 Cittontft ret *OR 1r0 °°0 0,a ® 0 cth 9 MATH, TX ACKIVDGMEIVTS THE STATE OF TEXAS COUNTY OF rsi °°00000u° ,e5 4441eXP:45e This instrument was acknowledged before me on the day of . 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 253801v7 Settlement Agreement Page 11 Texas Christian University Austin College By: CITY: By Brian Gutierrez, Vice Heidi B Ellis Chancellor for Finance/Admin. Vice President of Business Affairs CITY OF FORT WORTH, a home -rule APPROVED AS TO FORM AND municipality LEGALITY By: Name. Title: EXHIBIT Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I By: Sarah Fullenwider Senior Assistant City Attorney LIST: Owners' Property Target Property Dirks Road / Alta Mesa Construction Plans P ate Tract Boundary Special Warranty Deed P ermanent Drainage Easement P ermanent Water Line Easement Permanent Utility Easement Temporary Construction Easement ACKNOWLEDGMENTS THE STATE OF TEXAS COUNTY OFTh This instrument was acknowledged before me on the day of Pamela A. Spadaro, Sr. Vice President of Bank of America N.A. a nation Trustee of the A.M. PATE, JR MARITAL TRUST UNDER THE WILL OF A. DECEASED, on behalf of the Bank as Trustee. " a On to-7; d\.L Ctet.4 Notary lMho, State of Texas ) ) ) ) ) 4 to ?- R N J. MURRAY n!r,!, M4?Y1r PUBLIC f• , .� i t-P ;f, OF f EX \S {S . `.x0.01-21_1n •-••‘•• . ...,. 1••...,,,ti,.egmw,l.m.. 2009, by g association, PATE, JR., • 253801v7 Settlement Agreement Page 11 THE STATE OF TEXAS COUNTY OF bage> § This instrument was acknowledged before me on the 2?lay of , 2009, by of Bank of America N.A. a national 4Sl ankkfn' Pamela A. Spadaro, Sr. Vice President$ association, Trustee of the A.M. PATE, JR. CHARITABLE TRUST UNDER THE WILL OF A.M. PATE, JR., DES; S A, on )ehalf of the Banc as Trustee. KATN N J MURR NO RY PUB STA-it OF TE My Corrn}i. Exp. 01-21-10 .......r._.._.e..,.r.eame .,..........,, tom. .. - _.a THE STATE OF T XAS COUNTY OFF § A Je—u 1 A r1 "t U.A-ea PubliCttate of Texas C� This instrument was acknowledged before me on the, day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N A., a national Wanki association, Trustee of the A.M. PATE III TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Sri "`:., rl ." :+:, tI ‘ .; . : M l.(• c . • Y •. V. E ' •r E. le 1: J \}ii4a OF \: s1 {. " 1.. •,: ;3''. THE STATE OF TEXAS COUNTY OF Aar,/ § Notary Put:44 State of Texas This instrument was acknowledged before me on the ,",L day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national b in_ ssociation, Trustee of the SHEILA LYNN PATE WOLFE TRUST UNDER THE WILL OF A.M. PATE, JR., DECESSfai;s9adiAlitalbroaggc4 Trustee. KATR?N J. MURRAY NO3 AR'? PUBLIC Sr.'& I: 4 r TEXAS '.* 1' 'rrtt- 9 F41313 1.1.14.2M0 THE STATE OF TE COUNTY OF rt�� Vl Nux,70„, Notary Pub1ik tate of Texas This instrument was acknowledged before me on the P-i day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of Amenca, N.A. a national a.nki!g association, Trustee of the CHARLES PATRICK PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. ArdifllYN J MURRAY NOTARY PUBLIC I� STATE OF TEXAS �� M' Cnrnrn. Exp. 01-21-10 253801v7 v, . (M. c,dv-r7 Notary Pu , State of Texas Settlement Agreement Page 12 THE STATE OFT XAS COUNTY OF b This instrument was acknowledged before me on the Zc day of Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national .! i Trustee of the SHARON LANSDEN PATE TRUST UNDER THE WILL OF A.M. Dr ::trAV &J. on behalf of the Btas Trustee. '1.., -IC 'J ifter ilk Corn'. '_ , i-21-10 1 1.th-.__..._h. _L.:�-__.- - -.-_.. -__ THE STATE OF TE AS COUNTY OF § , 2009, by association, PATE, JR., Notary Pubgic, State of Texas ( y This instrument was acknowledged before me on the (2'.)' day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national b king sociation, Trustee of the ADLAI PRESTON PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DEC ,EBB, .'ent hal iIie 1 r' Trustee. K 11C',EM .j Is1;UriR la NOT pt-Y PUBIC ill) STA3 E OF tERP'S , Wry Comm. t'T•. •- -' • { • THE STATE OF WAS COUNTY OFJW. re'A-u to Notary PublidrMate of Texas This instrument was acknowledged before me on the 2)— day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A , a national b ing association, Trustee of the CHARLES PATRICK PATE, JR. TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASBaan •bohaitottflairrils Trustee. N V~ AC, r•s_ b3UC STAGE Jr ;tX/S [jl((` 4�� IQh{ C�,ntrl ..4 s • ' i'.-tc • �r • .•••••w•.,-,-.� �.�. .t-... . - . 'Cr THE STATE OF TEXAS COUNTY OF CIQ--• § State of Texas`u� This instrument was acknowledged before me on the 2 Y day of Pamela A. Spadaro, Sr Vice President of Bank of America, N.A , a national Trustee of the MASON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. FWRYN J MURRAY li NOTARY PUBLIC tt�� Si ATE OF TEXAS L, larmaTt. Exp.01-21-10 Notary Publk, tate of Texas , 2009, by association, vn ,.r. "lGtArri-u ` V 253801v7 Settlement Agreement Page 13 THE STATE OF T S COUNTY OF This instrument was acknowledged before me on the 27--- day o, 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a nationaF6anki g association, Trustee of the CHRISTOPHER TODD MILLER TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Ftl I. THE STATE COUNTY OF NOTAiiY PUBLIC 0 STATE OF TEXAS My Comm. Exp. ti V\ lt. Notary Pub U kState of Texas This instrument was acknowledged before me on the ?"--day of Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national , 2009, by association, Trustee of the CHRISTOPHER TODD MILLER REVOCABLE TRUST UNDER THE AGREEMENT DATED DECEMBER 7, 1996, on behalf of the Bank as Trustee. • A KATHRYN J. MURRAY WOTARY PUBLIC i, STATE OF TEXAS ^ g /, MN; Comm. Ex2 GI-21-4 : 4, THE STATE OF T COUNTY OF to ;t. ..,IVLG 1 State of Texas N This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr Vice President of Bank of America, N A , a national b arcing sociation, Trustee of the CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMragailal, 2007, on behalf of the Bank as Trustee. !CATHRYN J. MURRAY 4 NOTARY PUBLIC STATE OF TEXAS y Comm. E'cp, o -21- 0 • THE STATE O T S COUNTY OF § Notary Pu: State of Texas l� This instrument was acknowledged before me on the 02)— day of , 2009, by Pamela A. Spadaro, Sr Vice President of Bank of America, N A., a national ing association, Trustee of the MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, on behalf of the Bank as Trustee. 1 KAT(ISYN J HURRAY NOTARY PUBLIC S"MTE OF TEXAS :,. ;osr•'i. Exp. 01-21-10 AJ • &rL,k-c4vn,n Notary Pul:k4 State of Texas 253801v7 Settlement Agreement Page 14 THE STATE OF TEXAS COUNTY OF 7Theifigr This instrument was ackno CHARLES PATRICK PATE. 1NISSICIUMISSit wledged before me on the4of. day o, 1 LARRY E. TOWNSEND Notary Public Notary Pub ' . mi. as STATE OF TEXAS My Comm. Exp. 06/24/2013 THE STATE OF TEXAS COUNTY OF TARRANT , 2009, by This instrument was acknowledged before me on the day of , 2009 by William Bleibdrey, as Sr. Vice President, Finance/ Admin. o TEXAS WE EYA UNIVERSITY, on behalf of the University. SARAN DEIEON Notary Public, bob allows Comm. ER.11.05.11 THE STATE OF TEXAS COUNTY OF TARRANT No ary Public, State of Texas This instrument was acknowledged before me on the L Braa-lilti izc ac Vw hancellor for Finance/Admin. of TE be as +; Utth iEy.OWNSEND Notary Public STATE OF TEXAS My Comm, Exp. 06/24/2013 i Notary P THE STATE OF TEXAS COUNTY OF exas 2009, by IVERSITY on This instrument was acknowledged before me on the day of , 2009 by Heidi B Ellis as Vice President of Business Affairs of AUSTIN COLLEGE, on behalf of the College. 253801v7 Notary Public, State of Texas Settlement Agreement Page 15 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by CHARLES PATRICK PATE. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2009 by William Bleibdrey, as Sr. Vice President, Finance/ Admin. of TEXAS WESLEYAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of 2009, by Bnan Gutierrez as Vice Chancellor for Finance/Admin. of TEXAS CHRISTIAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE Ofi TEXAS COUNTY OF This instrument was acknowledged before me on then day of , 2009 by Heidi B Ellis as Vice President of Business Affairs of AUSTIN COLLEGE, on be f of the College. MARSHA A DERICHSWERFR 1*1 MY COMMISSION EXPIRES August 17, 2009 • -'YY) a,Ir1ha Notary Public, State of Texas • 253801 v7 Settlement Agreement Page 15 THE STATE OF TEXAS COUNTY OF TARRANT This instrume��}}t was acknowledged before me on the „2J day of , 2009, by FEa � asft , as/ f Ci f!r {*of the City of Fort Worth, ho -rule Municipality located in Tarrant County, Texas, on ehalf of the City. 253801v7 IJLL.. A Public, ate of Texas ,`'_,A,5.1FAn:. ()F i c:CAS :fir✓ my Ccr, in. ?Exp. •14-2u09 Settlement Agreement Page 16 EXHIBIT A TO SETTLEMENT AGREEMENT BETWEEN • BANK OF AMERICA, TRUSTEE, ET AL, AND THE CITY OF FORT WORTH • TRACT NO.1 • • part of J.F. Heath Survey described as follows: BEGINNING at Southeast comer of J.F. Heath Survey, which Is a short distance East of Northeast corner of J. Asbeny Survey, and run N. % deg. W. with center of road and along East Una of Heath Survey 1920 vrs, and THENCE N. 75 deg W. along center of another road 808.4 we. and North as -deg, W. 713 vrs to Northeast and beginning comer of this tract being described, THENCE South at 8 vrs a Bots DArc Stake In South fence of road In ell 1402.9 vrs to stake THENCE West 533.4 vrc to stake on North side of comer post; THENCE North 3 deg, 50 min Ent 648 vrs to cedar comer post of fence; THENCE North 82 deg. 03 min West 127 we to cedar comer post of fence; THENCE North 20 % deg West 82214 vrs to point in middle of county road; THENCE with middle of county mad South 88 deg. East scot vrs to place of beginning, containing 181.4 acres of which about 1.4 acres are embraced within the road along North side of tract, leaving net area of 160 acres, more or less,. Tarrant County, Texas. • TRACT NO. 2 Part of J.F Heath Survey described as follows: BEGIN at Southeast corner of J F. Heath Survey, which Is short distance East of Northeast comer of J. Asbeny survey, then run West 1013 % vri to comer In West Right of way line of Ft, W. Rio G R. R. Co. THENCE N 27 deg 10' East 97 vrs to cedar post in West Right of Way line of said R. R. 50 feat(ram middle of rei read trackfor the Southeastend beginning comerof tract being • described THENCE South 89 e�deg West b08 vns to oedarcosrterpost offer;THENCE North 38114 deg West 445 vrs to cedar comer post of fence; THENCE North 66-213 deg. W. 239 vrs to cedar comer post of fence; THENCE North 16 Deg. 50' West 235 vri to stake on North side of comer post; THENCE East 533.4 vrs to stake; THENCE North 1402.9 vat to point in middle of county road, a stake In South fence of road bears S. 8.0 vrs; THENCE along middle of road South 85 deg East 713 vrs, and South 76 deg. E 336 % vrs to point in West line of F. W. & R. G. R. ft. Right of Way, 50 feet from middle of track; THENCE along Bald right of way line South 15 deg West 280.4 vrs and, South 14 deg 01' West 38 vrs and South 12 deg 03' West 36 vrs and South 10 deg 05' West 36 • vrs, and South a deg. 07' West 36 vrs, and Souffle deg 09' West 36 vrs, and South 4 deg 11' West 36 vrs, and South 2 d9017 West 36 vrs and South 0 deg 15' Wast.38. vrs and, South 1 deg 49' East 40 vrs, and'TNENCE South 2 deg 5E Ent 352.2 woo 44tENCCE South 1 deg 26' East 36 vrs, and South 1 deg 32' West 36 vrs, and South 4.deg 31' West 36 vrs and South 7 deg 3D West 36 vrs and South 10 deg 287West 36 ow and South 13 deg 25 West 36 vrs and South 16 deg 25' West 36 vrs and South 19 deg 24' West 36 vrs and South 22 deg 22' West 36 we and South 25'3 deg West 40 vrs; THENCE South 27 deg 10' West 732.3 vrs to the Place of Beginning, and contaWng 348.16 acres of which 1.67 acres are embraced within the road along the Northside of the tract, leaving a net area of 346.51 acres, more or less; and being the land conveyed byR. L Van Zandt Receiver to E. J. Weatherby, et al, by deed recorded In Vok1416 Page 544, Deed Records, Tarrant County, Texas. • • • EXHIBIT A rT SETTLEMENT AGREEMENT, PAGE 1 OF YIIWYYLYII'iY"'"IWW°^ °.'41YGWY'VW'IJIYIIIYWYWd4Y AVMN YVd SIHaVH bet n Wla) 0 I.: Lab qua h w to 0• • M 't O 3 T � of (2., a I Or..BI 'tr^ V! g i /•® a3y N_ 1 1 1 I 1 • • I •till • • • ▪ • • • ▪ • • • • • • • • • • • • • • • • • • • • • • • • • • • • i. . • • • • LLI kt z i 2 I44WL66WalmI • d U Ew z Sat o „0„ 3NflH31YW III MOH MINN II I III Ili iVIkiaal WYW gaiiii YWWIWYiwL II064: WYtlJ1WYJYYI • 0 at amci Qet 3w rz gLz N s� K io cco t3ozo Pi I ocfa c • L 4� 0 No. 00768 a 1-- PAGE 5 OF 5 9-12-2008 0 0 0 JOB N0. 0704-1977 FAX 817-496-1768 0 • u:wn1nwyuy" .IYYIYWYYY4YWLWYYY4YY y4YYWWJu'LIY4J4Yiu1 wu:44uiu444uWW44L4u4441Y4WL4144YY'WIW W 1441"yWWYO'JUWY4WYYuYWYJ'WUW ALLAYS ..:,,:...: a�.,,.,:�i,i�, �,��e yYYWu'1li PARCEL NO. 1-PT1 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 EXHIBIT "A" Being a 5.498 acre tract of land situated in the J. F. Heath Survey,. Abstract No. 64], City of Fort Worth, Tarrant County Texas, and being a portion of two tracts of land described as Tract No. 1 and Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County Texas, said 5.498 acre tract of land being more particularly described by metes and bounds as follows: • BEGINNING at a survey nail with washer stamped "GORRONDONA" set for the northwest corner of said Tract No. 1, said survey nail with washer stamped ` GORRONDONA being in Dirks Road (C.R. 1043), a variable width right-of-way; • THENCE South 88 degrees 06 minutes 35 seconds East, with the north line of said Tract No. 1 and with said Dirks Road passing at a distance of 2508.98 feet a survey nail with washer stamped "GORRONDONA" set for the northeast corner of said Tract No. 1 and for the northwest corner of said Tract No. 2, in all, a distance of 3698.24 feet to a survey nail with washer stamped "GORRONDONA" set for corner; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 65.00 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the proposed south right-of-way line of said Dirks Road; THENCE North 88 degrees 06 minutes 35 seconds West, with the proposed south right-of-way line of said Dirks Road a distance of 3671.39 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner m the west line of said Tract No. 1 said 5/8 inch iron rod with cap stamped "GORRONDONA' being in the east line of a tract of land described as Tract #1 deeded to S. W. Richardson as recorded in Volume 1846 Page 549 of said Deed Records of Tarrant County Texas; THENCE North 20 degrees 33 minutes 15 seconds West, with the west line of said Tract No. 1 and with the east line of said Tract #1, passing at a distance of 41.75 feet a fence comer found in the existing south right-of-way line of said Dirks Road and passing at a distance of 46 43 feet a point for the northeast corner of said Tract #1, said point being in the existing south right-of-way line of said Dirks Road, m all, a distance of 70.33 feet to the POINT OF BEGINNING, and containing 239,513 square feet or 5.498 acres of land, more or less. Approximately 81,473 square feet or 1.870 acres lies within the existing right-of-way of Dirks Road. Page 1 of 2 GORRONDONA & ASSOCIATES. INC. 6707 BRENiWOOD STAIR RD. SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX B17-496-1768 • • PARCEL NO. 1-PT1 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRB,S ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121 All bearings and distances are surface. • • Date: September 12, 2008 Richard Kennedy Registered Professional Texas No. 5527 • .6JARD •KENUE r' 5liti" '<'' �'Page 2 of 2 GORRONDONA & ASSOCIATES, INC, 6707 BREN WOOD STAIR RD. SUITE 40 FORT WORTH. TEXAS 76112 817-496-1424 FAX 817-496-1768 • • • • • DUSTING ASPHALT ROAD EXISTI Po -OFN WAY TRACT #1 5. W. RICHARDSON VOLUME 1846, PAGE 549 D.R.T.C.T. J. F. HEATH SURVEY ABSTRACT NO. 641 NOTES: (1) A LEGAL HEREWITH DACCOMPANIES THIS PLATCRIPTION OF EVEN . DATE (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. 22 EXHI.BIT "A'9 " 35 SET SURVEY NAIL W/WASHER 'CORRONOONA'� PASSING AT 46.43' NEC OR. TRACT1 N 20'33'15"W 70.33' SET 5/B'IR W/CAP 'GORRONDONA' 100 5p ra 0 SCALE IN FEET • 36 DOSITNG RIGHT—OF—WAY P. ,o.B.I i g 37 BLOCK 1 BRIERCLIFF ESTATES CABINET A. SLIDE 4785 P.R.T.C.T. 51 DIRKS ROAD 1043) 52 C.R. 1.870 ACRES (81,473 so.FT.) (VARIABLE WIDTH RIGHT—OF—WAY WITHIN SC1,1 c IGHT—OF-WAY S 8B'O6'35'E 3698.24� •rrr _ _ .,...... _.�.., PRO g .. .� :.ti�4Rd,.... • '^ Vr nrMna;..-: • .�PEHIY UN 100 cHr-oF .:FT1P..FfN E.fOENER. ..f '15n•: +..}73A316Eb Wit A .r... :'! I G A 1 EXISTING PASS T 4 75•:^::•:::^��:t::i:•iic�:=i:� ....................................... ...... ........... ........................... .. y++...... ....................... CRT OF FORT WORTH a: \,..--9LIRIED CAS PIPELINE ii tz-j1I-oct 6a City of Fort _Worth PARCEL NO. 1—PTA OWNER: A. M. PATE, JR. SURVEY: J. F. HEATH SURVEY. ABSTRACT N0. 641 LOCATION: CITY OF FORT WORTHt TARRANT COUNTY, TEXAS RIGHT—OF—WAY ACQUISITION AREA: 239.513 SQ.FT. OR 5.498 ACRES GORRONDONA do ASSOCIATES. INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 78102 I RIGHT—OF—WAY ACCQUISIT1ON N 88'06'35'W PARCEL NO. 1—PT1 AREA 5.498 ACRES (239.513 SO.FT.) 3671.39' PROPOSED RIGHT—OF—WAY TRACT NO. 1 TRACT N0. 2 A. M. PATE, JR. VOLUME 6691, PAGE 475 D.R.T.C.T. DIRKS ROAD PROJECT TPW No. 00768 DATE: 9-12-200B PAGE 1 OF 5 JOB N0. 0704-1977 SCALE: 1' s 100' CHK BY: CS DRAWN BY: RK CADD FILE: 1977 ExhIblts.dwg • FORT WORTH, TX. 76112 •' eo p BURIED GAS PIPOJNE \`r azrc�� -01\1, .��K,�A• RICHAR . �L-�' i �' REGISTERED P 'AZ c LAND SURV N0. 5527 r. 817-496-1424 FAX 817-498-1768 .Q PSIduI�IVIIuIVu�. � mm4�WwWuw�W1 It p I d ! II ! !! III 1 ! 1!I! 1! 1!I 0OC *D Srye•N - Z Z_4<Z XItr rnrn >Om Ts p �OI- ?cs :I F I, zmm mhi iin 2Fl al < m DI * c-4J .92^ �t s.-•m 71c . XI -4� ricam .4 ZSIn g • ID 2 c O N q'Y 0Zp 7)noWZ �' ooZ +yl --- cum Q > -I o nil -A coG NW A ill xi a n xi Fsu in o g,4 . m J • N 0 GORRONDONA do ASSOCIATES, INC. Zl l9L 'XL 'HLUOM 6e 0 !iluepihu do'YiWiUI !Illlil,I il,llltlu.l iwliViil�WIW!;lath wwalarWV';w•1wulilWOYuuJiue.b LW'hwwYimi u;W weuslo,w,n,IW11,E11yIJn!h,iIV!li iVlliJli, ulW!IWV!I II IWU�IIiIIIIYYlY1V!1W it ull WI li LL6L o b al At. • — > • 03 11 71 O to cn rn MATCHLINE 1 MPH CO of a i i IIA VI 0 A m co r 3v Orl AEI wI 1 o al AE sA Iss MATCHLINE "B" v BRYANT IRVIN ROAD rn Ea x --1 w n �ocga rD<mmn 8 0 2 - r- -rr Is n c zf nrn x D 03 4 D 23 • D-A•I z el 0 D C cn V S ale ^' a a tl intl. -964- r 0 0 s�, YI�1WI,,,liIaJ'.iflMnifirIJoJ'WIWLardWIJ,IWIm'JWJIJIWWJWIWJJAI;IaaI )W :AS NMVEO AVM—AO—IHOIa I 008 0 O mn • 0 O 4 c Na 9 O . 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HOLLOW 03 w f d uu�lln,f 011JI ulU euu;I;u,uwm;iWuuw;Itliu;�dV�IWWur wduYluw!,io',,U�wl; if-, m4!!mrAui, Il uJunYYm'i14Vw hdhl�illlr,�JW,wf�,LVJ;�llOYll mdl!IIkI,i!,WWUillIiI!!V!!jw[I,41l,,;,Iw4!u llu;u!;nlulU:Iuu!idllWluddlaiml!!!;,;WluYluiuYUli;IYInU!iII;iIIYI�W'IVIII IVI uuIo; YVidio;JI JVIJ!�mdw a,;a! hLJJLh ;�W �ilh4.i,di, �,„,�, b! I IuWWYWI'INup��YIYWWYl6bu,y'auu Nu W',Jh1u0IIIlIWWUW 1IhY0Ydu;IvLI WWW14WuuI uW'wWYYYYIIII�.IWIYULu+ul Yi imUrr WuZIL•;••1•11YmuWuuukiWYUYP•wur • PARCEL NO. 1-PT2 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 • • E)O31BIT 66B!) {10141l d„J alligildigaiLLYeammitliAllithllidaaliatialailiStaidaliliiiirgilsk4 Being a 1.184 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 1.184 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a survey nail with washer stamped "GORRONDONA" set in the north line of said Tract No. 2, said survey nail with washer stamped "GORRONDONA being in Dirks Road (CR. 1043), a variable width right-of-way, said survey nail with washer stamped "GORRONDONA" being in the proposed west right-of-way line of State Highway 121, from which a survey nail with washer stamped "GORRONDONA" set for corner in the north line of said Tract No, 2 bears South 88 degrees 06 minutes 35 seconds East, a distance of 138.24 feet; THENCE South 06 degrees 47 minutes 33 seconds West; with the proposed west right-of-way line of said State Highway 121, passing at a distance of 35.47 feet a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the existing south right-of-way line of said Dirks Road, in all, a distance of 116 10 feet to a 5/8 inch iron rod with cap stamped. "GORRONDONA" set for the intersection of the proposed south right-of-way line of said Dirks Road with the proposed west nght-of-way line of said State Highway 121 from which a 5/8 inch iron rod with cap stamped "GORRONDONA" found for comer in the proposed west right-of-way line of said State Highway 121 bears South 06 degrees 47 minutes 33 seconds West, a distance of 342.49 feet; THENCE North 78 degrees 31 minutes 40 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 176.73 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; • THENCE North 83 degrees 17 minutes 06 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 179.86 feet to a 5/8 inch Ion rod with cap. stamped "GORRONDONA" set for comer, THENCE North 86 degrees 36 minutes 43 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 99.40 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE North 77 degrees 51 minutes 33 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 20.36 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner, Page 1 of 2 GORRONDONA & ASSOCIATES, INC 6707 BRENIWOOD STAIR RD, SURE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 8174496-1768 • • • WYWYI..Y.iYYYWYWWIY. • • PARCEL NO. 1-PT2 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 THENCE North 88 degrees 08 minutes 37 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 162.46 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE North 88 degrees 06 minutes 35 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 7.15 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner • THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 65.00 feet to a survey nail with washer stamped "GORRONDONA" set for corner in the north line of said Tract No. 2, said survey nail with washer stamped `GORRONDONA" being in said Dirks Road; THENCE South 88 degrees 06 minutes 35 seconds East, with the north line of said Tract No 2 and with Dirks Road, a distance of 652.41 feet to the POINT OF BEGINNING, and containing 51,562 square feet or 1.184 acres of land more or less. .Approximately 19 105 square feet or 0.439 acres lies within the existing right-of-way of Dirks Road. Notes: • (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings. are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: September 12, 2008 \z 1 Richard Kennedy Registered Professional Texas No. 5527 Page 2 of 2 GORRONDONA do ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496 /768 • • • J m • can 10 N U1 zd x x o C z Iz D • 0 to O � z 914 Of a O co-2r 4 m o to Z `0 rr'.1 n o -' O 1/1 J N 1 8 0 gl ,�m b rna N a C N O to 9 T� z m rn z c --' • ° t ki n ries 0 0b 0 0 rt cn J rn co 1 0 C ow All 6 E N�- ;3147114E1 ,fx =1u n" A r4 PI8. o 41. I I II II1 111 1 1 z 0 N C a • N g 81 en PROPOSED a q RIGHT-OF-WAY STATE HIGHWAY 121 ° W s � RIGHT -PROD OF WAY S �s248' III I III III III 3 I ._ II I IP • HARRIS PARKWAY co EXISTING RIGHT-OF-WAY STATE HIGHWAY 121 SET 511RYEY NAIL W/WASHER 'GORROHOOILI' „166.61w1w1.A6uw WyW w`m116611u6066YVWWY161131V3366w1l3111611111116633311111111133;uouhd1W11611131131uw111131iwd1W116111laur 1,wlwmeliuliu,uwul,1611661111W331Sli ,w,um.6Ju311111316mW ruwl J.,L!!LLI i, Pau,0m:I;il'Lbia allki iLIALL Pr����b�uui.Il,�oulwo, �u�Wurdu��wiw�dihI!!IJulVuu114.••- PARCEL NO. 1-PT3 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 isallawauw EXHIBIT "C" • Being a 0.692 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate Jr. as recorded in yolume 6691, Page 475 of the Deed Records of Tarrant County, Texas said 0.692 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a survey nail with washer stamped `GORRONDONA" set for the northeast corner of said Tract No. 2, said survey nail with washer stamped "GORRONDONA being in Dirks Road (C R. 1043), a variable width right-of-way, said survey nail with washer stamped `GORRONDONA' also being in the westerly right-of-way line of the Fort Worth & Western Railroad (a 100.0' right-of-way); • THENCE South 14 degrees 54 minutes 03 seconds West, with the easterly line of said Tract No. 2 and with the westerly right-of-way line of said Fort Worth & Western Railroad, passing at a distance of 28 26 feet a fence corner found for comer in the existing southerly right-of-way ime of said Dirks Road, in all a distance of 65.91 feet to a 5/8 inch iron rod with cap stamped `GORRONDONA" set for comer in the proposed southerly right-of-way line of said Dirks Road; THENCE North 74 degrees 30 minutes 36 seconds West, with the proposed southerly right-of- way line of said Dirks Road, a distance of 91 71 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for comer, • 'THENCE North 76 degrees 47 minutes 55 seconds West, with the proposed southerly right-of- way line of said Dirks Road, a distance of 315.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner; THENCE South 57 degrees 09 minutes 02 seconds West, with the proposed southerly right-of- way line of said Dirks Road, a distance of 34.70 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer in the proposed easterly right-of-way line of State Highway 121, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the proposed easterly right-of-way line of said State Highway 121 bears South 11 degrees 05 minutes 59 seconds West, a distance of 1137.62 feet; • Page 1 of 2 GORRONDONA & ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE SO FORT WORTH. TEXAS 76112 817-496-1424 FAX 817-496-1768 • ru u:awow d611 ma PARCEL NO. 1-PT3 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J F. HEATH SURVEY, ABSTRACT NO. 641 wy�liu.e�.w�u�wmer�tuwswwrrm11400411rw1wruw�u�wuuuvuuuu:wuuu� 1H>E;NCE North 11 degrees 05 minutes 59 seconds East, with the proposed easterly right-of-way line of said State Highway 121, a distance of 35.89 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner; THENCE North 14 degrees 45 minutes 35 seconds East, with the proposed easterly right-of-way line of saki State Highway 121, passing at a distance of 38.53 feet a 5/8 inch iron rod with cap stamped ' GORRONDONA' found for corner in the existing southerly right- of-way line of said Dirks Road, in all a distance of 64.11 feet to a survey nail with washer stamped "GORRONDONA" set for corner in the northerly line of said Tract No. 2, said survey nail with washer stamped "GORRONDONA' being in Dirks Road; • !HENCE South 75 degrees 06 minutes 35 seconds East, with the northerly line of said Tract No. 2 and with said Dirks Road, a distance of 432.47 feet to the POINT OF BEGINNING, and containing 30,147 square feet or 0.692 acres of land, more or less. Approximately 11,793 square feet or 0.271 acres lies within the existing right-of-way of Dirks Road. Notes: (1) • A plat of even survey date herewith accompanies this legal description. • (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface; • Date: September 12, 2008 \d cct.(:)F '. �L Richard Kennedy /7) Registered Professional •• Texas No. 5527 1,V•A •$Scax Ira Si U L Page 2 of 2 GORRONDONA & ASSOCIATES. INC. 6707 BREN WOOD STAIR RD. SUITE 50 FORT WORT . TEXAS 76112 817-496-1424 FAX 817-496-1768 • 1 EXISTING e" Li,RIGHT-OF-WAY "~-- STATE HIGHWAY 121 `___�'-••`'` ``` SET SURVEY NAIL BURIED GAS PIPELINE W/WASHER 'CORRONDONA' N 14'45'35'1E 64.11' FNO 5/8 1R W/CM 'GORRONOONA' N 11'05'59'E 35.89' SET Vein W/cAP cc0RRONOONA' PROPOSED RIGHT-OF-WAY STATE HIGHWAY 121 FRO 5/81R W/CAP 'GORRONOONA- NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. • EXHIBIT "C"(" EXISTING ASPHALT ROAD S 5709'02'W 34.70' PROPOSED RIGHT-OF-WAY 100 50 N 76•47,55 DIRK BRANCH, LP. VOLUME 13506, PAGE 296 D.R.T.0 T. J. F. HEATH SURVEY 1 ABSTRACT NO. 641 E�y� 0.271 ACRES RGyT1R0 (11.793 SO.FT) .aK WITHIN DUSTING RICHT-OF-WAY 315. PARCEL NO. 1—PT3 AREA 0.692 ACRES (30.147 SO.FL) 3' SET 5/89R w/GP 'DORRONDONA' TRACT NO. 1 TRACT NO. 2 • A. M. PATE, JR. VOLUME 6691, PAGE 475 D.RTC.T. SCALE IN FEET 100 City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 PARCEL N0. 1—PT3 OWNER: A. M. PATE, JR. SURVEY: J. F. HEATH SURVEY., ABSTRACT NO. 641 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RIGHT—OF—WAY ACQUISITION AREA: 30.147 SQ.FT. OR 0.692 ACRES GORRONDONA do ASSOCIATES, INC. • 6707 BRENTWOOD STAIR ROAD, SUITE 50 I RIGHT—OF—WAY ACCQUISITION • P.O.B Bw et/ sr o ® Q o DIRKS ROAD PROJECT I fPW No. 00768 DATE: 9-12-2008 PAGE 1 OF 1 JOB N0. 0704-1977 SC.nlF' 1' - 100. CHIC BY: CS DRAWN BY: RK CADD FILE 1977 Exhlblta.dwg FORT WORTH. TX. 76112 ---12,-sUltvEY NAIL w/WASNER 'GORRONDONA' ewsrwa NARU�C'RS 0O3 �'\ S 14'54'03' I W/pM`M 65.917 w I SET sing /CAP 'CORRONDONA' a z f101IARG Iti NO BUY' 1. 527. ` . . RICHAR REGIS(tHEO PRb N0. 5527 817-496-1424 FAX 817-496-1768 NAL tANO SU a ,Yi1,1Y1140i YIWWJIIdY;aldY6'Wu,W i,;um a YOYYA M .a . v.s It 11/41 O w WO U CC1 W Es3W z E-+ Q 0 Q etC E- 4 zw � w N cn act 0 w w 1 < s2 t t t tl • J A A 0041I V1S 3NI1 HUM ' i 1 • • vs • • • • • • • • • • • • • • • • • • • • 'I � z tie . IR;o 1 Hip ai .31 • • mm • • 04 • • vv • • • • • • • • • • g EXHIBIT C TO SETTLEMENT AGREEMENT, PAGE 1 OF 9 • 1 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • u Pz tig X�`u ak W C • • • • • • • • • • • • • • • • • • { • F Ea N 0 le 70 TOROWIT CONTORTION 0 • IT 1: L n d.m. is Ir.a .I ea. max • • / Oanja w 1u sih- iu.u.L.Ir1: • .HY�.►�•i . •r' 'i ss'''.0 IIIa ..n Simla! •ljear .. • 7a S71M �• IY Mire 040• • r.y.• RAIL SIRS[ .04 .. .L .... .►wN 44.4 F h xN J .zr ..1 a./. it I •i ram I • I .1 II... L _ tL!. W:•:.,.....__.L"., ..iL.aL.JifJMa111 ' Clommilaid6•1•111•LpIIIIi6606•1••••illisth•limasamiliPsinImPlima•114•4••••smilioll1•11•11•01.1••••11A/Lf alb anAloiLl•••• if.. Jam nr0POSEir 1 tarauaT tralaWrlinZbler Tai i 1 1 • • • • 4 044 • • 1 1 1 Aet M fleet Car w .{ma nv i 7" KENNEDY K CONSULTING CITY OP FORT WORTH, TEXAS TRANSPORTATION AND NAILIC WORKS TRANSPORTATION PROGRAMING t,y CAPITAL PROJECTS DIVISION EXHIBIT C DIRKS ROAD no m SIRYAA7 RVW TO HARRIS PKWY j PLAN Rt PROFILE 74;11 sumo. set I scarf I a ', w ICI rear' I 7/14000 ;maw O POT R• M 4.P 404 • • 4 0 r....fs.a 6 MIII 111 sac .....IMOf mo. Val.. , a a a x CONSTRICTION NO7T7 a t. 1- nom I►'rine nor at a INS CC • 1 • qT :M II'IS 1'p1,� ..IIII.I......T..VI / 1 '�iSONS M Aifi glrew 1.44 firs ar M1i aaOulrim Noe 1-4.-ISIlli 1— MN W • Salt inn MISS Z TN 011flpnnila eR MT sTMW/P f f. 11q >- Yl OI /fltliq Itin4I*-n! NIORIZONTAL a VERTICCOMMTICAL COCOCC OIgtlL POINT .i 0IIIilI1l. POINT Of tM►L HINT fl1 t/s'tR VAS, 'La. I/riq ••71 LC in* air p■ g��MORN,.O/ M 001itY.0 pr pli3M.Is Lk" 'tw.k aL'stt ►i iuw`1`STTLr i¢y, DIRKS ROAD 6 AO E HMV `.Lt13W33MDV.IN3W3'LLI3S O.L, .LMIHX Ia MATCH LINE STA t2*+00 1 11 • 11� 11 11 - 1I 1I 1 I-g - 1g . 1 13 1 .ig Villa; ��,o.., ����" 7. $ : a Aa 1 A 2; 1 1 1 ril: i1P■�iii is • `" " c ., 1 dim 1 ■l 14 i 1 a `C0 N 2 6 122 M i i. t�pC'yE�` i r V i s io p n 3 is "� P1 4� /I-1t 7Bli�g4F6 tii 3 I "1 io gg !Till M DIRKS ROAD FROM BIYANT IRVIN ROAD TO HARRIC aearwev L. AAAAA waw is AVM)Bavd SI$8YH IN3-N0-10-d*S-PBOZO 'ON 13YN1NO3 NOI13f)N15NO3 d*S - IZt HS 335) IY11N) O9+6£ YLS ■ OG+6t1Y1S 3NI1 H01YM ), ? 4 ■ 1• i{�I f r..-- ;4 • S. 1 -4tt ti ;t • -i I4 OO+I£I YLS 3NI1 • L J • • 01 OYOS • .Lal4 • • • • • • NIAUJ 1NYA8B )1083 Mill • • • • • • • • 100 • • • • • • • • • • • • • Iab p • • R EXHIBIT C TO SETFLEMENTAGREEMENT, PAGE 4 OF 9 • • • • • w • • • sopa • • • • 1 OYoa SNMIO u t • • • • • • i; 1 • N r tlt' l •Ilp F- •0• +M• DRKS RD J a to ' a.__. L116TM0 FJIT RAY. • Of . r•E I4 PCs_ WIT ji1� in w Is.� T PO (DRlltt STA +WTSdsLflPCt aF�.. GI ci Vi•�,� tOFNTTTTNcasRTI X )-� I— D —Sel as OAS WI • KOIO Tien town . m• tgrin ~Ti .Fr9Y `Fi :",."w".4:`v' ;.}.�..; 4•:tr. "Av.'� 'Vv;!'a;y ....:='o-:n.F.r:Kt(4..''.i.._ t+[.erdrnbt2LY�t i7 . W -'I —� co iv. PEON WALL IOU N im▪ a ♦ • • ! 5 3 O• Ir an qY • 000 Do Wit r t stetlp 711T 0133 LT IM ST COC SLNAX IS DO CURS OT • 100 A 1St3•'LT1 pMb ✓ 1 1 ��� ti}&#V_ ,•.»!, It4I,S{,li./ al.f}o..9 v'L, av i:J.y ,•.•p,1 I Z ET) ---t— t b H 3 tom-- w _� {7{T.as�a1, EsVo 1 At it • • ST 03C SOMAS 0 II.x .1•' 2A'1I •EOR OM th' ■ us OO. mi. it D110 STA 4$.roa1 MM0"FUIQ' OR OYL71 ` 00M'Li1 WALL Y' 1'OL SOFT\ -- 1I — - --r•�I OOMS STA+MRAII N EF OAFS TIT •0OHO A 11.0344 155JYRT1 TO ST OOC SIKWAX 232 LY CO1 iTT •16100 FRO'QFy pry' R LEGEND .� WILL ICTAL SEAM IW1O FOCI( 1STS RI FRAO 1T11O1 I11a 1011E1q CURSE WISER TOA AbpAi ,,..t O 20 +2 s0 1• MOTEL SCALE M FRET NOTE% 1. IR7EX TO FORT1 WAR DATA SHEETS F01 NOALT CWFIO. DATA. 2. 10'tER TO aaETRIC LAT07F FLMa t1 FOE HO201TN. XT AL IOIEDATA. 1. CU 1O IYIOISTRIOI WO 1MO PLAN SHEETS FIX A0111 T 1OI/1. 1 WORMAT IOR. 4. ALL OOHS 0IICS I06 HIE 1EASISt.O iROA THE FIOaa FACE 6 UNLESS 011 1WSIE Vann. S. REFER TO 0IMO OIOO SWEET PROF ILE SHEETS I E 3 MO 2 0' 3 F00 VERTICAL PREF ILE ;WOIMTIOI. s. REFER TO RETAIN WEL IATT/TS FOR Al IT I OIIL DROWN 10/ 7. 10713 TO WORTS POSTWAR 1LAM F ADOITIDEC I/SaMTIOIL S. REFER TO OIIVEMY LMOOS FOR POD TICMAL I WORST Inc 0. REFER TO ORAIMACE nag F111 00.ET MO STOW, DRAM LOCAT 106. 10. REFER TO MIA4ILMEOE 001047 DETAILS SHEET FOR SIOEWLS TRAMS ITI0/. 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IVCR TO [MOM J.ADXFITIOI.DM6 MNIDOITIOIM. /RF me 4. menus ' Of1E/ROMIM M:FTE4 RORRIITAM OF an TL IMEEFERR T= pima .a iiss slur mar at IFTIM IMOFILE IIEOIIIMTTlot. O. OCITIOIAt. TO IMLOIMI lot SHEETS I� T. IET'ES TO ORAIOAOEM11 FOR INLET NO STORK WAIN T1OO. •L IEFED TO RIPRY LAI'OUT FOR /OO/TIOIAL RIPRY Ili MINX 101, at YR I •no SH 121(SWfl OM ADCS MST JOIOOOF EXHIBIT C [MKS RD STA 42400 TQ STA 47400 SHEET 2 OF 4 KC II""PREov a,A ., CC1Ns1N-TIP20 _•ie psi ve `1Y� 1/1/1009 s • 2 0 k s E 1 Dis saws -SIP Iry ;- 51415 fag I Fa reds-- 1 tea • 00 « w 4 d i .4 d d 1• i 4a OO+ES VAS 3NI1HD IVW it r a %1•1 4°°. risi ". k s I bid M8 � ti • 1 i 1 t 111 NIATCHLCNE STA 41+00 -a t EXHIBIT C TO SETTLEMENT AGREEMENT, PAGE 7 OF 9 mwo i� &1: 4 ni a 4'3 -- tM < h ao i" I m itrt al DIMS R0A0 5-0 4 • 6 3o g 3DVd `n4avv3311DVIN w31.1-13S 014 J llama 1 gilleasi" zs;jail/es 4�1 grey Y =y- idid: I 11 a �a apt 3 r F r 1 FROM CntiTHWEST Permw+v I V15 3tni 01� OO+S� t r / • j. ' 1 / 4, .-1 t 1 'M 1 t ♦ 'Qy • • 222222222 -- --- 1- SFfssss r 1 1 -r ,t kis - • . . tl., i, ' .I �- _ i MATCH LINE STA ISM+OQ tt. rOsMn$,.... ....... 004£81 VIS 3N11 H01VM 1 I I-' I € 1 !I • t• I .1 1 , 1 1 ' g+ 11= 11 - IL_ 1 1 1 1it se N 1 i T 1 00491 V1S 314I1 H:48Vri EN r+amrts1160Z 1IU09 gffi 11 z !IRE E zq zz XV t 1 EXHIBIT C TO SETTLEMENT AGREEMENT, PAGE 9 OF 9 OVOB g —ace coa►. W 14. t SN810 Szl 2 aY 1 1 1 0 EXHIBIT D TO SETTLEMENT AGREEMENT BETWEEN BANK OF AMERICA, TRUSTEE, ET AL, AND THE CITY OF FORT WORTH owr orr TRACT NO. 1 A. M. PATE, JR. VOLUME 6691, PAGE 475 D.R.T.C.T. DIRKS ROAD (C.R. 1043) TRACT NO. 2 A. M. PATE, JR. VOLUME 6691, PAGE 475 D.R.T.C.T. City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 pow EXHIBIT D TO SETTLEMENT AGREEMENT, PAGE 1 OF 1 EXHIBIT E TO SETTLEMENT AGREEMENT BETWEEN BANK OF AMERICA, TRUSTEE, ET AL, AND THE CITY OF FORT WORTH NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFOR- MATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEED THE STATE OF TEXAS COUNTY OF TARRANT WHEREAS, the City of Fort Worth, Tarrant County, Texas has determined that it is necessary to purchase the property described in Exhibits "A," "B " and "C" attached hereto and made part hereof, for right-of-way for the expansion of Dirks Road; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 50.000% interest, BANK OF AMERICA N.A., TRUSTEE OF THE A.M. PATE, JR. CHARITABLE TRUST CREATED UNDER THE WILL OF A.M PATE, JR. DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE III TRUST CREATED UNDER THE WILL OF A.M. PATE, JR , DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA N.A., TRUSTEE OF THE SHARON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A , TRUSTEE OF THE ADLAI PRESTON PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, 254737v3 1 BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE; JR. TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE MASON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 2.083% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED DECEMBER 7, 1996, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, as to an undivided 1 5625% interest, BANK OF AMERICA, N A. TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, as to an undivided 1.042% interest, CHARLES PATRICK PATE as to an undivided 3.125% interest, TEXAS WESLEYAN UNIVERSITY, having taken title as TEXAS WESLEYAN COLLEGE, as to an undivided 6.250% interest, TEXAS CHRISTIAN UNIVERSITY as to an undivided 6.250% interest, and AUSTIN COLLEGE as to an undivided 6.250% interest, hereinafter referred to as Grantors, whether one or more, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to Grantors in hand paid by the City of Fort Worth, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the City of Fort Worth all that certain tract or parcel of land lying and being situated in the County of Tarrant, State of Texas, more particularly described in Exhibits "A," "A-1 ' "B," "B-1," "C," and ` C-1" which are attached hereto and incorporated herein for any and all purposes. SAVE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaining title to the following improvements located on the property described in said Exhibit "A," to wit: NONE 254737v3 2 Grantors reserve all of the oil, gas and sulphur and other minerals in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the City of Fort Worth to take and use all other road building materials thereon, therein and thereunder for the construction and maintenance of the streets and roads of the City of Fort Worth without additional compensation to be paid therefor. Any operations for exploration or recovery of any such minerals retained by Grantors shall be permissible so long as all surface operations in connection therewith are located at a point outside the property described in Exhibits "A," "A-1," `B,' "B-1," "C, and "C-1" and upon the condition that none of such operations shall be conducted so near the surface of said property as to interfere with the intended use thereof or in any way interfere with, jeopardize, or endanger the facilities of the City of Fort Worth or create a hazard to the public users thereof. This conveyance is made by Grantors and accepted by the Grantee subject to the following: 1. Visible and apparent easements not appearing of record; 2. Any discrepancies, conflicts or shortages in area or boundary lines or any encroachments or any overlapping of improvements which a current survey would show; 3. Matters, of record in the Official Public Records of Tarrant County, Texas as of the Effective Date, that affect the property, including but not limited to easements, licenses, leases, restrictions, reservations, covenants, conditions oil and gas leases, mineral severances, and encumbrances for taxes and assessments (other than liens and conveyances), but only to the extent that said items are still valid and in force and effect at the Effective Date. TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the City of Fort Worth and its assigns forever, and Grantors do hereby bind ourselves our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend, as to the undivided interest set out above by each Grantor's name, all and singular the said premises herein conveyed unto the City of Fort Worth and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, and under Grantors but not otherwise. IN WITNESS WHEREOF, this instrument is executed by Grantors on the vanous dates of their individual acknowledgements, but is to be effective as to all Grantors on the 13th day of July, 2009. [Signature pages follow] 254737v3 3 GRANTORS: Bank of America, N.A., Trustee of the A.M. Pate, Jr. Marital Trust Under the Will of A.M. Pate, Jr., Deceased By Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the A.M. Pate III Trust Under the Will of A.M. Pate, Jr. Deceased By Printed Name. Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patrick Pate Trust Under the Will of A.M. Pate, Jr., Deceased By. Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President 254737v3 4 • Bank of America, N.A., Trustee of the A.M. Pate, Jr Charitable Trust Under the Will of A.M Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sheila Lynn Pate Wolfe Trust Under the Will of A.M. Pate, Jr., Deceased By. Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Natne: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee for Charles Patrick Pate, Jr. Trust Under the . Will of A.M. Pate, Jr , Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of Amenca, N.A., Trustee of the Mason Lansden Pate Revocable Trust under the Agreement dated June 28, 2007 By: Printed Name: Pamela A Spadaro Sr. Vice President Texas Christian University By: Brian Gutierrez, Vice Chancellor for Finance/Admin. Bank of America, N.A., Trustee of the Charles Patrick Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007 By: Printed Name: Pamela A. Spadaro Sr. Vice President Charles Patrick Pate Texas Wesleyan University, having taken title as Texas Wesleyan College By: William Bleibdrey, Sr. Vice President, Finance/Admin. Austin College By: Heidi B. Ellis Vice President of Business Affairs 254737v3 5 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N.A., Trustee for A.M PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, known to be to be theperson and officer whose name is subscnbed to the foregoing instrument and acknowledged to me that the same was the act of' said A.M. Pate, Jr. Martial Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this day of 2009. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N.A., Trustee for A.M PATE, JR. CHARITABLE TRUST UNDER THE WILL OF A.M. PATE JR., DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said A.M. Pate, Jr. Charitable Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. 2009. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas 254737v3 6 THE STATE OF TEXAS • COUNTY OF BEFORE ME the undersigned a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of Amenca, N.A., Trustee for A M. PATE III TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said A.M. Pate III Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this day of 2009. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N.A., Trustee for SHEILA LYNN PATE WOLFE TRUST UNDER THE WILL OF A M PATE, JR , DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of' said Sheila Lynn Pate Wolfe Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. 2009. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas 254737v3 7 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of Amenca, N.A., Trustee for CHARLES PATRICK PATE TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Charles Patrick Pate Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this day of 2009. THE STATE OF TEXAS COUNTY OF Notary Public in and for the State of Texas BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO Vice President of Bank of America, N A., Trustee for SHARON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Sharon Lansden Pate Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas 254737v3 8 2009. ft THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N.A , Trustee for ADLAI PRESTON PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Adlai Preston Pate Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this day of 2009. THE STATE OF TEXAS COUNTY OF Notary Public in and for the State of Texas BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N A., Trustee for CHARLES PATRICK PATE, JR. TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Charles Patrick Pate, Jr. Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. 2009. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas • 254737v3 9 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of' Bank of America N.A., Trustee for MASON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE JR., DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Mason Lansden Pate Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this day of 2009. THE STATE OF TEXAS COUNTY OF Notary Public in and for the State of Texas BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N.A. Trustee for CHRISTOPHER TODD MILLER TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Christopher Todd Miller Trust Under Will, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. 2009. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas 254737v3 10 THE STATE OF TEXAS • COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of Amenca, N.A., Trustee for CHRISTOPHER TODD MILLER REVOCABLE TRUST UNDER THE AGREEMENT DATED DECEMBER 7, 1996, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Christopher Todd Miller Revocable Trust Under Agreement, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this clay of 2009. Notary Public in and for the State of Texas THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N.A., Trustee for CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Charles Patrick Pate, Jr. Revocable Trust Under Agreement, that she was duly authorized to perform the same and that she executed the same as the act of' such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. 2009. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas 254737v3 11 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared PAMELA A. SPADARO, Vice President of Bank of America, N A., Trustee for MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Mason Lansden Pate Revocable Trust Under Agreement, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this 2009. THE STATE OF TEXAS COUNTY OF day of Notary Public in and for the State of Texas BEFORE ME, the undersigned authority, on this day personally appeared CHARLES PATRICK PATE, 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. 2009. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas 254737v3 12 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared WILLIAM BLEIBDREY, Senior Vice President, Finance & Administration for TEXAS WESLEYAN UNIVERSITY, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Texas Wesleyan University, that he was duly authorized to perform the same and that he executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office this 2009. THE STATE OF TEXAS COUNTY OF day of Notary Public in and for the State of Texas BEFORE ME, the undersigned, a Notary Public, on this day personally appeared DONNA TRAYLOR, Director of Property Management for Trustee for TEXAS CHRISTIAN UNIVERSITY, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Texas Christian University, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. 2009. GIVEN under my hand and seal of office this day of • Notary Public in and for the State of Texas 254737v3 13 THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public, on this day personally appeared HEIDI B. ELLIS, Vice President of Business Affairs for AUSTIN COLLEGE, known to be to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of said Austin College, that she was duly authorized to perform the same and that she executed the same as the act of such Trust for the purposes and consideration therein expressed, and in the capacity therein stated. 2009. GIVEN under my hand and seal of office this day of Notary Public in and for the State of Texas 254737v3 14 u uw�+uw�u•iu u�wu,i1uWLith l: r.••W•••••Wiii••wiukiiIuwmu a Wthhill awmW+wwo a„muu�,oymuu.�uwu�iuwuwWu umn�wuui Alai ' MM PARCEL NO. 1-PT1 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J F. HEATH SURVEY, ABSTRACT NO. 641 • EXHIBIT B TO SETTLEMENT AGREEMENT BETWEEN BANK OF AMERICA, TRUSTEE, ET AL, AND THE CITY OF FORT WORTH Being a 5.498 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County Texas, and being a portion of two tracts of land described as Tract No. 1 and Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691 Page 475 of the Deed Records of Tarrant County, Texas, said 5.498 acre tract of land being more particularly descnbed by metes and bounds as follows: • BEGINNING at a survey nail with washer stamped "GORRONDONA" set for the northwest comer of said Tract No. 1, said survey nail with washer stamped "GORRONDONA being in Dirks Road (C.R 1043), a variable width right-of-way; THENCE South 88 degrees 06 minutes 35 seconds East, with the north line of said Tract No. I and with said Dirks Road passing at a distance of 2508.98 feet a survey nail with washer stamped "GORRONDONA" set for the northeast corner of said Tract No. I and for the northwest comer of said Tract No. 2 in all, a distance of 3698.24 feet to a survey nail with washer stamped "GORRONDONA" set for corner; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 65.00 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer in the proposed south right-of-way line of said Dirks Road; THENCE North 88 degrees 06 minutes 35 seconds West, with the proposed south right-of-way line of said Dirks. Road, a distance of 3671.39 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the west line of said Tract No. I said 5/8 inch iron rod with cap stamped 'GORRONDONA' being in the east line of a tract of land described as Tract #1 deeded to S W. Richardson as recorded in Volume 1846 Page 549 of said Deed Records of Tarrant County, Texas; • THENCE North 20 degrees 33 minutes 15 seconds West, with the west line of said Tract No. 1 and with the east line of said Tract #1, passing at a distance of 41 75 feet a fence corner found in the existing south right-of-way line of said Dirks Road, and passing at a distance of 46 43 feet a point for the northeast corner of said Tract #1, said point being in the existing south right-of-way line of said Dirks Road, in all, a distance of 70 33 feet to the POINT OF BEGINNING, and containing 239,513 square fect or 5.498 acres of land, more or less. Approximately 81,473 square feet or 1.870 acres lies within the existing right-of-way of Dirks Road. Page 1 of 2 GORRONDONA do ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE50 (ART WORTH. TEXAS 76112 817-496-1424 FAX 817-496-1768 • EXHIBrT B TO SETFLEMENT AGREEMENT, PAGE i OF 29 • .. _. ,Wwu.Wu_V.cw: w:wmW w�thw e,mww:m1U !1w!wu�:wmmuum:.iw:_w____k L,Wwu4�:W:.w:c, w,wukL 111��,;, i,n1iww4oiii::1�o , ��umm u�w�uuw:uwumbnauuwummia:w��uuamuauwuu.iiuw uuwrmw S++gli°.11AW"‘ PARCEL NO. 1-PT1 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. • Date: September 12, 2008 Richard Kennedy Registered Professional Texas No. 5527 Cs•PF, r TARO KENNE • Page 2 of 2 GORRONDONA & ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE50 FORT WORTH. TEXAS 76111 817446.1424 FAX 817.496-1768_ a EXHIBIT B TO SETTLEMENTAGREEMENT, PAGE 2 OF 29 41111111111111111111116 22 EXISTING ASPHALT ITaw 7\ DOSING RIGHT-OF-WAY TRACT it S. W. RICHARDSON VOLUME 1846. PAGE 549 D.R.T.C.T. J. F. HEATH SURVEY ABSTRACT NO. 641 NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE 0WORT EXHIBIT 7 35 PASSING AT 48.43' NE COR 1RACT +1 N 20'33'15'W 70.33' sET 5/81R W/Cw Y.DRRON00114. 1)4 »B» 36 EGSTMG MGHT—OF—WAY 37 BLOCK 1 BRIERCLIFF ESTATES CABINET A, SUDE 4785 P.R.T.C.T. 51 52 DIRKS ROAD (C.R. 1043) 1.870 ACRES (81.473 SO.F1.) (VARIABLE WIDTH RIGHT—OF—WAY) w RIGHT —OF —EXISTING n---1MAY S 88'06'35'E 3696.241 { FMtOPFRTY L1NE PASSING AT 41.75' ::•:::: r . - . J .fk KE.G9RNl..»..».. ........... '° N 88'06'351W 1 100 50 0 100 im■ "��'m■mui SCALE IN FEET PARCEL NO. 1—PT1 AREA 5.498 ACRES (239.5/3 SCUT) ...----•--........._ are OF FORT WORTH •---- 0 J ~ 3671.39' PROPOSED RIGHT—OF—WAY TRACT NO. 1 TRACT NO. 2 A. M. PATE, JR. VOLUME 8891. PAGE 473 D.R.T.C.T. City of Fort Worth DIRKS ROAD PROJECT 1000 THROCKMORTON STREET • FORT WORTH. TEXAS 76102 PARCEL NO. 1—PT'1 I RIGHT -OF' —WAY ACC01IISITIfN OWNER: A. M. PATE, JR. SURVEY: J. F. HEATH SURVEY, ABSTRACT NO. 641 LOCATION: CITY OF FORT WORTH. TARRANT COUNTY, TEXAS RIGHT—OF—WAY ACQUISITION AREA: 239.513 SQ.FT. OR 5.498 ACRES GORRONDONA do ASSOCIATES. INC. • 6707 BRENTWOOD STAIR ROAD. SUITE 50 TPW No. 00768 DATE: 9-12-2008 PAGE 1 0r 5 JOB NO. 0704-1977 SCALE: 1' .• 100' CHIC BY: CS DRAWN BY: RK T.ADI1 FILE: 1977 Exhibits.dwi • FORT WORTH. 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Q. ggisikshwagsmisiuwaisawawatusgulawailIVWY'W'W"W+4' WIWW'uuWIWuWI�V" u.,w.�, „, Lou tt • a m r a 0 o �ya tx IQ gm a0• • LC. • Pm? ` .� ?�• 'Q & :a• :\.• • :; w3 W O n �( 521 u ze Z 0 OyZ COU"Is co to 0g o Z 3` 0 O z F to 0 Q is 0 0 FAX 817-496-1768 ii � wi h r ta. • N • tW l3ti mMoflMamMWOP an ,a N A„ N Y O 5 W JOB NO. 0704-1977 • sla .1113/41 0 • 0 b U EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 4 OF 29 u ,�Wr�uW�oumYwouYY�rW4Wman,emu'�uuiWu�uWuuwus�uWu�u�uuiYu�uua�m,aa�irm��u�uuuu�:w�,�ia�ao�dw�yau�u�aiuwuuo�u,u�uuwiWu,uwum�uu ���i�m��tu�wuwu�uW�u�muw�u�uu�r, ioue o rw���ua��,w� iWa�u�wuuu��u��umauu�u�wiuuVuu��auumyuu �u�oim uoi ouu�m�r�uwur�i� Pl cci 0 N 0 ct or CrI co LLI h „0„ 3NnHO1dW I avow I 9 era 1 1 • 4: a:::i::i:• ' i:: tK+• - :0; • ijj:11!i i 8d re $1 U 5 0 ®g cr I en % Pp EL • -.006 =iie N .•• • Mt! to W)I i? cc) t 1 • if• siei?iii?i? 49 si4441 • ii 0. 090.01 :? 4O▪ . a= JRi 0,10 t=; . 44. 010 8, :::_: i:; i i•ji `.:: :::I :: : •• ••11.0044 I Z 3NI1H3lb'W cc g n m'R h 2 • 0 O r I'*• • C V 441? • El . • •.�� :•. • 8111u01 01881,,L18818•1' 0 tn MO V W GPI 13/443 A03 e. _N Z EFI:,3 0 n CI Co tee i Nt W E tug z c a tS Y 8 U ro n 8 a § 1 • c3os QC V)o e 8 ". = Lt. f < rsi la 0 St) IL 1 re i= 7d3 oo EXHIBIT B TO SETTLEMENT AGREEMENT, PACE 5 OF 29 IMMMM auw�Vuuuww,w,Ywy,wuuuuwayouyuvw�w+�.u�w�w�o<eiwr� m1 ���d+F���J'�w�uRuumim��nuauw�w��mmuuuwuwii�m�idiiumr�euuuuu�oiiiuwimu�,��i�a� ��aiw uuu�u�d',�u��mu�wiu���umuu��uuiamuanuiuuuiWuuIiikuuVliuuiuuwYlmmwumi1uiuulmthuuumViuthuWi1li1uVimuu11ulnud1ImuoYluuo0w �7Q r' to H u®„ 3NiiH0 LI) N cn M/ 1 1 oo • 421 O 20202 000 0▪ 642.. It *II O 0, 40. O 208 20 ii ' iiili 24.204411 4402 04 00 O ▪ 200 022222 00* 0.060. • • i A =z ,..!. iiiiiii•'i O 00. • ? i.. r a TRACT NO. 2 DEED LINE TRACT NO. 1 DEED UNE 1 1 JOB N0. 0704-1977 EXHIBIT 13 TO SETTLEMENT AGREEMENT, PAGE 6 OF 29 1 1 CO / AVMNIbIdd SidBVH CO X w 3 A CO a 03 - a I M :?:l_ __ ?? ???; • • Luigi14(1dildAifiiiriJhiu..‘i(i;ii,ummlwmuunwumimuiiiolimwuiuwuidiniumumirmiriwairuu.i1;turisiuwiii'iwA6'iuiluwwuhrmuiuidiatiNiuuuumawmwarnuuiiivaiinitiikiriwuuuririWiiilliii.i�iimiRuiiiiiiiiitiffloiniwk iiiniu 41. tt` c • • N•p ) • to �;.•.: 4:1 0..000 • 4044,46000040 • • i 9.11;44..J I „0„ 3NflHOIVW I Few 0 • • FORT WORTH, TX. 76112 • 0 a LL • to cn cn WIit Uv • j / w 7 0 to co rn O a o N N C O ~ z te 0 z 0 le 0 0 eaea EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 7 OF 29 fr/xr`irP�iuW�fiiSJ�o,I��uuw6Wiciiiiru�owemwi"u�i�ly�CJuuuuuwr�.m;, 1��;uwii','�F?'�Gmiwmi,u�mwiiwuiwimnmwurueuuaoaiwuuwuwuw�mww�wuwoiivuenui��irauuo�w,vuumur�wuwmcraou�a.�uwuwuwaa�" PARCEL NO. 1-PT2 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 • • Being a 1.184 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 1.184 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a survey nail with washer stamped "GORRONDONA" set in the north line of said Tract No 2, said survey nail with washer stamped GORRONDONA being in Dirks Road (C R. 1043), a variable width right-of-way, said survey nail with washer stamped "GORRONDONA" being in the proposed west right-of-way line of State Highway 121, from which a survey nail with washer stamped `GORRONDONA' set for comer in the north line of said Tract No. 2 bears South 88 degrees 06 minutes 35 seconds East a distance of 138.24 feet; THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed west right-of-way line of said State Highway 121, passing at a distance of 35.47 feet a 5/8 inch iron rod with cap stamped "GORRONDONA" found for comer in the existing south right-of-way line of said Dirks Road, in all, a distance of 116.10 feet to a 5/8 inch iron rod with cap stamped 'GORRONDONA" set for the intersection of the proposed south right-of-way line of said Dirks Road with the proposed west right-of-way line of said State Highway 121 from which a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the proposed west right-of-way line of said State Highway 121 bears South 06 degrees 47 minutes 33 seconds West, a distance of 342.49 feet; THENCE North 78 degrees 31 minutes 40 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 176.73 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE North 83 degrees 17 minutes 06 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 179.86 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer; THENCE North 86 degrees 36 minutes 43 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 99.40 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner, THENCE North 77 degrees 51 minutes 33 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 20.36 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; Page 1 of 2 CORRONDONA & ASSOCIATES. INC 6707 BRENTWOOD STAIR RD SUITE 50 FORT WORTH. TEXAS 76112 S 17-t46-1424 FAX 817-446-1768 EXHIBIT B TO SETPLEMENTAGREEMENT, PAGE 8 OF 29 • IdW 'YWNYIW�YWIYWuu4WiW.iiYWWdWIYIJYJ'YYuW' WIIY'WutilY,4JUW1'WIIWi.IYuWYiW'JiIJWIWW'WUWYIW4YJWIYYUWWWw1YYwWYW4YYWIWIIWiWt'+YIWI:iuY�tl.'1�i14WIWYWWl4JWYY4YJYW a$ I th "uiiJIWIWYI' PARCEL NO. 1-PT2 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT. NO. 641 • THENCE North 88 degrees 08 minutes 37 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 162.46 feet to a 5/8 inch iron rod with cap stamped `GORRONDONA" set for comer, THENCE North 88 degrees 06 minutes 35 seconds West, with the proposed south right-of-way line of said Dirks Road, a distance of 7.15 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 65.00 feet to a survey nail with washer stamped "GORRONDONA" set for corner in the north line of said Tract No. 2, said survey nail with washer stamped `GORRONDONA" being in said Dirks Road; THENCE South 88 degrees 06 minutes 35 seconds East with the north line of said Tract No. 2 and with Dirks Road, a distance of 652.41 feet to the POINT OF BEGINNING and containing 51,562 square feet or 1.184 acres of land more or less. Approximately 19 105 square feet or 0.439 acres lies within the existing right-of-way of Dirks Road. Notes: (1) A plat of even surrey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: September 12, 2008 \z 1 Richard Kennedy Registered Professional Texas No. 5527 • Page 2 of 2 GORRONDONA & ASSOCIATES. INC 6707 BRENTWOOD STAIR RD SUITE50 FORT WORTH. TEXAS 76112 817.496-14424 FAX 817-496-1768 • EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 9 OF 29 GZID AVMHOIH 31 AVM-dO-1H0I1:1 JNIISIX3 o"ma Emig MI Q.' y 0 AWMAHVd SlbbVH taHsrd/N inn+ �anans las 111S • i ai O. 4.1 • • vs • • o i000 fes • • • z 1 • e).'I•ZIs AVMHOIH 31VIS AVM-dO-1H018 c 71 A. 03SOdOFJd r z d a. Alft,Li.ap s eatasen aYAt u y WaSorictio 6.4 • • Rao ma 4. 0 N 0 7 t7 z 0 n z c 3ta o U • 4 IT 4 G Us a 0 6 ix 0 gm I 0 Int a to FM 817-496-1768 2 t • ` re 4.Z ujoto Cc- N-40m d h to D L Z0N ( EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE io OF 29 PARCEL NO. 1-PT3 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Being a 0.692 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0 692 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a survey nail with washer stamped "GORRONDONA" set for the northeast corner of said Tract No. 2, said survey nail with washer stamped "GORRONDONA being in Dirks Road (C.R. 1043), a variable width right-of-way, said survey nail with washer stamped "GORRONDONA' also being in the westerly right-of-way line of the Fort Worth & Western Railroad (a 100.0' right-of-way); THENCE South 14 degrees 54 minutes 03 seconds West, with the easterly line of said Tract No. 2 and with the westerly right-of-way line of said Fort Worth & Western Railroad, passing at a distance of 28 26 feet a fence corner found for corner in the existing southerly right-of-way line of said Dirks Road, in all, a distance of 65.91 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the proposed southerly right-of-way line of said Dirks Road; THENCE North 74 degrees 30 minutes 36 seconds West, with the proposed southerly right-of- way line of said Dirks Road, a distance of 91 71 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for comer; THENCE North 76 degrees 47 minutes 55 seconds West, with the proposed southerly right-of- way line of said Dirks Road, a distance of 315.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner; THENCE South 57 degrees 09 minutes 02 seconds West, with the proposed southerly right-of- way line of said Dirks Road, a distance of 34 70 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the proposed easterly right-of-way line of State Highway 121, from which a 5/8 inch 'iron rod with cap stamped "GORRONDONA" found for comer in the proposed easterly right-of-way line of said State Highway 121 bears South 11 degrees 05 minutes 59 seconds West, a distance of 1137.62 feet; • Page 1 of 2 GORRONDONA dt ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH. TEXAS 76112 817-496-1424 FAX 817-196.1763 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE n OF 29 wwu�muu..aw'w�uwwmwuiu �u� id��,wwuuwuuuu WWwu uuu::awwu i i�u�iw'Wiuwmu.w,wu yu �ww��uu:uuvvwuiuiaiswmwiiuukiddliwwliOlaii uu..n1,WwL;ewwAu: Aiuwwruwn,ia,iuuu.mWuuu_uwuuuuuwi.uwwuuwieauewuwuw1.440411 • PARCEL NO. 1-PT3 RIGHT-OF-WAY ACQUISITION CITY OF FORT WORTH DIRKS ROAD PROJECT J. F..HEATH SURVEY, ABSTRACT NO. 641 THENCE North 11 degrees 05 minutes 59 seconds East, with the proposed easterly right-of-way line of said State Highway 121, a distance of 35.89 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner, THENCE North 14 degrees 45 minutes 35 seconds East, with the proposed easterly right-of-way line of said State Highway 121, passing at a distance of 38.53 feet a 5/8 inch iron rod with cap stamped "GORRONDONA" found for corner in the existing southerly right- of-way line of said Dirks Road, in all, a distance of 64.11 feet to a survey nail with washer stamped "GORRONDONA" set for corner in the northerly line of said Tract No. 2, said survey nail with washer stamped "GORRONDONA' being in Dirks Road; THENCE South 75 degrees 06 minutes 35 seconds East, with the northerly line of said Tract No. 2 and_ with said Dirks Road, a distance of 432.47 feet to the POINT OF BEGINNING, and containing 30,147 square feet or 0.692 acres of land, more or less. Approximately 11,793 square feet or 0.271 acres lies within the existing right-of-way of Dirks Road. • Notes: • (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: September 12, 2008 Richard Kennedy Registered Professional' Texas No. 5527 • \.suv44�./ Page 2 of 2 OORRONDONA do ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH. TEXAS 76112 817496-1424 FAX 817-496-1768 • EXHIBIT B TO SETTtEMENTAGREEMENT, PAGE n OF 29 r EXISTING � RIGHT-OF-WAY '`'--. `'� STATE HIGHWAY 121 SET SURVEY HAIL HAVASHER N 14 45'35"E 64.111 FNO S/8 lR IN/GIP -GORRONDONA' N 11'05'59"E 35.89' SET s/e'IR W/GP -wRRDN001le PROPOSED RIGHT-OF-WAY STATE HIGHWAY 121 FND s/e-IR W/GP .00RRONDONA. NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE • HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. EXHIBIT "B" EXISTING ASPHALT ROAD ABSTRACT NO. 641 0.271 ACRES (11.792 SOFT.) --_ WHIN DUSUNG RIGHT-OF-WAY N S 5709'02"W 34.70' RIGHT —OF —MY 4 PROPOSED PARCEL NO. 1—PT3 AREA 0.692 ACRES (30.147 SOFT.) 15.03 SET 5/e'9t w/ -GORRONDONA' TRACT NO. 1 TRACT NO. 2 A. M. PATE. JR. VOLUME 6691. PAGE 475 D.R.T.C.T. 100 50 0 100 SCALE IN FEET P.O.B. DIRK BRANCH, LP. VOLUME 13506, PAGE 296 D.R.T.C.T. J. F. HEATH SURVEY ---"S2VEY NAL W/WAS1E -caRRa+DONA. S 14'54'03"W 65.91'/ SET s/e7R w/CAP / QC GORRONDONA a / MI cot 1 a 3 /4 �� / TA- City of Fort Worth DIRKS ROAD PROJECT 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 PARCEL NO. •1—PT3 I RIGHT—OF—WAY ACCQUISITION _ OWNER: A. M. PATE, JR. - SURVEY: J. F. HEATH SURVEY. ABSTRACT NO. 641 ▪ LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RIGHT—OF—WAY ACQUISITION AREA: 30.147 SQ.FT. OR 0.692 ACRES GORRONDONA & ASSOCIATES. INC. • 6707 BRENTWOOD STAIR ROAD. SUITE 50 TPW No. U0768 DATE: 9-12-2008 PAGE 1 OF 1 JOB NO. 0704-1977 SCALE 1• _ 100' CHK BY: CS DRAWN BY: RK CAM ALE: 1977 Exhibits.dwg • FORT WORTH. TX. 76112 / ( 1 „AD (R 10 .&3 iti vr.OF) F .744. 111.66 RG ii&EuY: .91 sz7..., D. RICHARI REGISTERED PNAL LAND SU NO. 5527 • 817-496-1424 FAX 817-496-1768 PARCEL NO. 1PD PERMANENT DRAINAGE EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Being a 0.184 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth Tarrant County, Texas and being a portion of a tract of land descnbed as Tract No. 1 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.184 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a survey nail with washer stamped "GORRONDONA" set for the northeast comer of said Tract No.1 and for the northwest corner of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of said Deed Records of Tarrant County, Texas, said survey nail with washer stamped `GORRONDONA" being in Dirks Road (C.R 1043), a vanable width right-of-way, from which a survey nail with washer stamped `GORRONDONA' set for the northwest corner of said Tract No. 1 bears North 88 degrees 06 minutes 35 seconds West, a distance of 2508.98 feet; THENCE South 00 degrees 06 minutes 35 seconds East, with the east line of' said Tract No. 1 and with the west line of said Tract No. 2, a distance of 65.04 feet to a point for corner in the proposed south right-of-way line of said Dirks Road; THENCE North 88 degrees 06 minutes 35 seconds West, with the proposed south right- of-way line of said Dirks Road, a distance of' 7.01 feet to the POINT OF BEGINNING; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 40.00 feet to a point for corner; THENCE North 88 degrees 06 minutes 35 seconds West, a distance of 200.00 feet to a point for corner; THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 40.00 feet to a point for comer in the proposed south right-of-way line of said Dirks Road, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the west line of said Tract No. 1 with the proposed south right-of-way line of said Dirks Road bears North 88 degrees 06 minutes 35 seconds West a distance of 2277.39 feet; • THENCE South 88 degrees 06 minutes 35 seconds East, with the proposed south right-of-way line of said Dirks Road, a distance of 200.00 feet to the POINT OF BEGINNING, and containing 8,000 square feet or 0.184 acres of land, more or less. Page 1 of 2 GORRONDONA L ASSOCIATES, INC. 6707 BRENT WOOD STAIR RD. SUITE 10 FORT WORTH, TEXAS 76112 817-496.1424 FAX S17-496 1768 Ipm EXHIBIT B TO SETrLEMENTAGREEMENr, PAGE 14 OF 29 • PARCEL NO. 1PD PERMANENT DRAINAGE EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Notes: • (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. • Date: June 30, 2009 Richard Kenn Registered Prole Texas No. 5527 Page 2of2 GORRONDONA a ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD. BUTTE SO FORT WORTH. TEXAS 76112 817-496-1424 FAX 817496-1768 • EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 15 OF 29 u�uuumu� �uumu; uuui'iLi �m Wyim m�W uiia uvui:...... +wu�uuum uu a wwWauuai umuu� uwuuu uuwu„aW. w u • • • T 3 c cr cc oafs "s'imm �� 1 IS 0000`3S'E 65.04' • > rue - W,�, V) 6 Iis- -- WQ cr �V) CO . Q • I. TRI,CI 1404 2 TRACT NO. 1 gn1g ?rRP ite 1822 .000 z h vocitiot av av 81),i gN 413 • Imo Sis n z W FAX 817-496-1745 r 1 a ran EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE i6 OF 29 PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO 641 • City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 Being a 0.366 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth Tarrant County, Texas and being a portion of a tract of land descnbed as Tract No. 2 deeded to A. M. Pate Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0 366 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at point in the easterly line of said Tract No. 2 and in the westerly right-of-way line of the Fort Worth & Western Railroad (a 100.0' right-of-way), from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right- of-way line of Dirks Road (C R. 1043), a variable width right-of-way, with the easterly line of said Tract No. 2 and the westerly nght-of-way line of the Fort Worth & Western Railroad bears North 14 degrees 54 minutes 03 seconds East, a distance of 15 00 feet; EINME THENCE South 14 degrees 54 minutes 03 seconds West, with the easterly line of said Tract No. 2 and with the westerly nght-of-way line of said Fort Worth & Western Railroad a distance of 20.00 feet to a point for corner; • THENCE North 74 degrees 30 minutes 36 seconds West, a distance of 91.37 feet to a point for corner; THENCE North 76 degrees 47 minutes 55 seconds West, a distance of 313.03 feet to a point for corner; THENCE South 11 degrees 05 minutes 59 seconds West, a distance of 295.28 feet to a point for corner; THENCE North 81 degrees 12 minutes 27 seconds West, a distance of 25.02 feet to a point for corner in the proposed easterly right-of-way line of State Highway 121; THENCE North 11 degrees 05 minutes 59 seconds East, with the proposed easterly right-of-way line of State Highway 121, a distance of 307.23 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right- of-way line of said Dirks Road with the proposed easterly right-of-way line of said State Highway 121 Page 1 of 2 GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD, SUITE 50 FORT WORTH, TEXAS 76112 8174496-1424 FAX 817-496-1766 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE i7OP 29 41 '464111• 141la JUJU PERMANENT WATERLINE EASEMENT City Project No. 00204 CITY OF FORT WORTH Water No. P264-603170020442 DIRKS ROAD 24" WATERMANN RELOCATIONS DOE No. 4856 J. F. HEATH SURVEY, ABSTRACT NO. 641 'THENCE North 57 degrees 09 minutes 02 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 13.87 feet to a point for corner, from which a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner in the proposed southerly right-of-way line of said Dirks Road bears North 57 degrees 09 minutes 02 seconds East, a distance of 20.83 feet; THENCE South 76 degrees 47 minutes 55 seconds East, a distance of 329.19 feet to a point for corner; THENCE South 74 degrees 30 minutes 36 seconds East, a distance of 91.57 feet to the POINT OF BEGINNING and containing 15,958 square feet or 0.366 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: November 29, 2007 Richard Kennedy Registered Professional Land'Surveyc Texas No. 5527 GORRONDONA & ASSOCIATES, INC. • �• e2of2 6707 BRENTWOOD STAIR RD. SUITE SO FORT WORTH, TEXAS 76112 817-496.1424 FAX 817-496-1768 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 18 OF 29 • �sW PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. REATH SURVEY, ABSTRACT NO. 641 • • City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 Being a 0.479 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County Texas and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0 479 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at point in the proposed southerly right-of-way line of Dirks Road (C R. 1043), a variable width right-of-way, from which a 5/8 inch iron rod with cap stamped `GORRONDONA" set for corner in the proposed southerly nght-of-way line of said Dirks Road bears South 88 degrees 08 minutes 37 seconds East, a distance of 149.66 feet; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 15.00 feet to a point for corner, THENCE South 88 degrees 08 minutes 37 seconds East, a distance of 148.26 feet to a point for corner; THENCE South 77 degrees 51 minutes 33 seconds East, a distance of 20.15 feet to a point for corner, • THENCE South 86 degrees 36 minutes 43 seconds East, a distance of 100.11 feet to a point for corner; THENCE South 83 degrees 17 minutes 06 seconds East, a distance of 178.80 feet to a point for corner, THENCE South 78 degrees 31 minutes 40 seconds East, a distance of 177.33 feet to a point for corner in the proposed westerly right-of-way line of State Highway 121 from which a 5/8 inch iron rod with cap stamped `GORRONDONA" set for the intersection of the proposed southerly right-of-way line of said Dirks Road with the proposed westerly right-of-way line of said State Highway 121 bears North 06 degrees 47 minutes 33 seconds East, a distance of 15.05 feet; Page 1 of 3 GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817.496.1768 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE zo OF 29 PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO. 641 City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed westerly right-of- way line of said State Highway 121, a distance of 327 44 feet to a point for corner, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the proposed westerly right-of-way line of said State Highway 121 bears South 06 degrees 47 minutes 33 seconds West, a distance of 15.01 feet; THENCE North 81 degrees 12 minutes 27 seconds West, a distance of 25.00 feet to a point for corner, THENCE North 06 degrees 47 minutes 33 seconds East, a distance of 309.42 feet to a point for corner; THENCE North 78 degrees 31 minutes 40 seconds West, a distance of 153.06 feet to a point for corner; • THENCE North 83 degrees 17 minutes 06 seconds West, a distance of 177.39 feet to a point for corner, THENCE North 86 degrees 36 minutes 43 seconds West, a distance of 101.06 feet to a point for corner; THENCE North 77 degrees 51 minutes 33 seconds West, a distance of 19.89 feet to a point for corner; THENCE North 88 degrees 08 minutes 37 seconds West, a distance of 166.48 feet to a point for corner, THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 35.00 feet to a point for corner in the proposed southerly right-of-way line of said Dirks Road; THENCE South 88 degrees 06 minutes 35 seconds East, with the proposed southerly right-of- way line of said Dirks Road, • a distance of 7.15 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner; THENCE South 88 degrees 08 minutes 37 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 12 85 feet to the POINT OF BEGINNING, and containing 20,886 square feet or 0.479 acres of land, more or less. • Page 2 of 3 GORRONDONA dt ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD. SUITE SD FORT WORTH, TEXAS 76112 817-496.1424 FAX 817-496.1768 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE n OF 29 PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO. 641 Notes: City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: June 25, 2009 Richard Kennedy Registered Professiona Texas No. 5527 'r? salt`'. ------ Page 3 of 3 GORRONDONA & ASSOCIATES, INC. 6707 BREMTWOOD STAIR RD. SUITE SD FORT WORTH, TEXAS 76112 317-496-1424 FAX 817-496.1768 h,X1-1IE1T 3 TO SETTLEMENT AGREEMENT, PAGE 22 OF 29 YWWYYY'YYYYYiYYYY'YWi IYYiiiY�'IdYlll• • ,.n •44- O r CC U 0 CC cc ES m Ve • • I • • .Q J 0 ire .l, crcisa s • i Pui zi`i'iti" i i °i230 p 0 � J J J J J J J J j J J J J J J TTT at • • NIOCNOItiOV. dC M dia/4 CR4 nsnMp !!;388!!:11A4 i�$� v'N6-^ N-^Oath nPri a -. 1'- V gFP,90 SI7PgSPP� Orr tappSolarittpltvilISEPSS • • • • • • • Yf NV7YIvau)v7ZZZZZZZZfAtn 1,2 1 sea • Mwirfrrf'ry'r Z-1 ::•:;imi,•.isii 1 ••• • :isi=:• J • • • • • ea 01 Ww 1711 `4 N a O Z fl? O� h Fe 0 2 z O•W Uee (� o `h� 0- 0 3 -496-1765 ctga • O Li Z ZU• bre t^ci ad N iR68 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 23 OF 29 alma. eamwuuwuWumu�tim;6wu�' ?.1111 'dr ,�a awe •wLl1uy1uu ailth wpm uu.wio4mne uldm uum1m141iu.il• MEMM , PARCEL NO. 1PU-PT1 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J F. HEATH SURVEY, ABSTRACT NO. 641 • • • Being a 0.215 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0 215 acre tract of land being more particularly described by metes and bounds as follows: • COMMENCING at a survey nail with washer stamped "GORRONDONA" set in the north line of said Tract No. 2, said survey nail with washer stamped "GORRONDONA being in Dirks Road (C.R. 1043), a variable width nght-of-way, said survey nail with washer stamped `GORRONDONA' being in the proposed west right-of-way line of State Highway 121, from which a survey nail with washer stamped `GORRONDONA" set for corner in the north line of said Tract No 2 bears South 88 degrees 06 minutes 35 seconds East, a distance of 138.24 feet, THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed west right-of-way line of said State Highway 121, a distance of 116.10 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for the POINT OF BEGINNING, said 5/8 inch iron rod with cap stamped "GORRONDONA" being the intersection of the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, with the proposed westerly right-of-way line of State Highway 121; THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed westerly right-of- way line of said State Highway 121, a distance of 15.05 feet to a point for corner THENCE North 78 degrees 31 minutes 40 seconds West, a distance of 177.33 feet to a point for comer; • • THENCE North 83 degrees 17 minutes 06 seconds West, a distance of 178.80 feet to a point for corner; ' THENCE North 86 degrees 36 minutes 43 seconds West, a distance of 100.11 feet to a point for corner; THENCE North 77 degrees 51 minutes 33 seconds West, a distance of 20.15 feet to a point for corner; THENCE North 88 degrees 08 minutes 37 seconds West, a distance of 148.26 feet to a point for corner, • Page 1 of 2 GORRONDONA it ASSOCIATES, INC. 6707 BRENT WOOD STAIR RD. SUITES() FORT WORTH, TEXAS 76112 817.496.1424 FAX 817-4964768 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 74 OR 29 • PARCEL NO. 1PU-PTI PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 15.00 feet to a point for corner in the proposed southerly right-of-way line of said Dirks Road; THENCE South 88 degrees 08 minutes 37 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 149.61 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA ' set for corner; THENCE South 77 degrees 51 minutes 33 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 20 36 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for comer, THENCE South 86 degrees 36 minutes 43 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 99 40 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer; THENCE South 83 degrees 17 minutes 06 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 179.86 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer, THENCE South 78 degrees 31 minutes 40 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 176 73 feet to the POINT OF BEGINNING, and containing 9,380 square feet or 0.215 acres of land, more or less. Notes: • (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All beanngs and distances are surface. Date: June 30, 2009 Richard Kenn Registered Profe Texas No. 5527 Page 2 of 2 GORRONDONA d ASSOCIATES, INC 6707 BRENTWOOD STAIR RD SUITE SO FORT WORTH, TEXAS 76112 817-496.1424 FAX S17.496.1763 EXHIBIT B 'it SETTLEMENT AGREEMENT, PAGE z5 OF 29 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE z6 OF 29 J PROPERLY Leaf SET 5/616 w/c.AP "CORRONDCNA" PROPOSED so' 5/e1R W/CAP RIGHT—OF—WAY-- "CORRomoome-- S 88.0.8.37E 149.81' ....... . ...... N 01'53.25.E 148-26 15.00' N 8808.371V N 77'516331V 20.15' DIRKS ROAD (C.R. 1043) (VARIABLE WIDTH RIGHT—OF—WAl) S 7751'35E 20.36' SET 5/61R W/CAR 1:ORRONOONC S 8636.4rE 99.40' 100.11' N 8cr38'43iti TRACT NO. 1 TRACT NO. 2 A. M. PATE. JR. VOUJIIE 6891. PAGE 475 D.R.T.C.T. J. F. HEATH SURVEY ABSTRACT NO. 641 NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE RffMDICED TO THE PROJECT CONTROL FOR SMTE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. 178.80. N 83171061V PERMANENT UT1UTY EASEMENT AREA 0.215 ACRES (9.380 SCI.FT.) S 83"17.06.E 179.86' • sEr 6/616 w/G:P _ , VARRONOONA 5E1-..s=y0NA/r-fr S 7• 6.73, 15.0' 177.33. 11I 78.31,40.w APPROXIMATE LOCATION-- 10.0' EASEMENT OF RIGHT—OF—WAY TE.S.CO. VOLUME 4831, PAGE 334 D.R.T.C.T. 100 50 0 100 SCALE IN FEET bRayitrpio City of Fort Worth 1000 THROCHNORTON STREET • FORT WORTH, TEXAS 76102 PARCEL NO. 1 Pu-ri 1 TEMPORARY CONSTRUCTION EASEMENT OWNER: A. M. PATE. JR. SURVEY: J. F. HEATH SURVEY, ABSTRACT NO. 641 LOCATION: CITY OF Myr WORTH, TARRANT COUNTY. TEXAS EASEMENT ACQUISITION AREA 9.380 SO.FT. OR 0.215 ACRES DIRKS ROAD PROJECT FPW No. 10/68 DATE: 06-30-2009 PAGE 1 OF 1 JOB NO. 0704-1977 SCALE: 1. 100" CHK BY: CS DRAWN BY: RK CADD FILE: 1977 ExhibitaLdwg SET SURVEY NAL W/WAS1431 "GORRONDONe 138.24' 5806.35.E P.O.B.I S 0647'331.41 15.05' PROPOSED RIGHT-OF-WAY STATE HIGHWAY 121 ......... n.‘ ............ ./- 1 RcHARD KENNEDy r'‘. 552/ .iPt4 -v %.:Pz•- \ RICHARD IOZNSW" • REGISTERED PRO LAND SURVEY NO. 5527 GORRONDONA & ASSOCIATES. INC. • 6707 BRENTWOOD STAIR ROAD. SUITE 50 FORT WORTH. TX. 76112 • 817-496-1424 FAX 617-446-1766 !a4u411111i -u1.41Wmuw1 vtuu_ u� udL a WIu lth I.„� • PARCEL NO. IPU-PT2 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J F. HEATH SURVEY, ABSTRACT NO. 641 Being a 0.142 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas and being a portion of a tract of land descnbed as Tract No. 2 deeded to A. M. Pate Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0,142 acre tract of Land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped `GORRONDONA" set for the intersection of the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, with the easterly line of said Tract No. 2 and with the existing westerly right- of-way line of the Fort Worth & Western Railroad (a 100.0' right-of-way); THENCE South 14 degrees 54 minutes 03 seconds West, with the easterly line of said Tract No. 2 and with the existing westerly right-of-way line of said Fort Worth & Western Railroad, a distance of 15.00 feet to a point for corner, THENCE North 74 degrees 30 minutes 36 seconds West, a distance of 91.57 feet to a point for comer; THENCE North 76 degrees 47 minutes 55 seconds West, a distance of 329.19 feet to a point for comer in the proposed southerly right-of-way line of said Dirks Road; THENCE North 57 degrees 09 minutes 02 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 20 83 feet to a 5/8 inch iron rod with cap stamped ."GORRONDONA' set for corner; THENCE South 76 degrees 47 minutes 55 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 315.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner; THENCE South 74 degrees 30 minutes 36 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 9171 feet to the POINT OF BEGINNING, and containing 6,206 square feet or 0.142 acres of land, more or less. Page 1 of 2 GORRONDONA & ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817.496-1768 EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 27 OF 29 PARCEL NO. 1TC-PT2 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J F. HEATH SURVEY, ABSTRACT NO. 641 Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All beanngs and distances are surface. Date: November 29, 2007 • , ,0 • 'h., \ \ _ ` .' •' Richard Kennedy \1 rt A.. ; ` Registered Professional Land purvey To { 414, Ep `, . Texas No. 5527 • •ratr '•� ii Li;;�' ' ` Waage 2 of 2 GORRONDONA do ASSOCIATES, INC 6707 BRENTWOOD.8tIR RD. SUITE 30 FORT WORTH. TEXAS 76112 817.496-1424 FAX 817-496-1768 i EXHIBIT B TO SETTLEMENT AGREEMENT, PAGE 28 OF 29 Dirks Road Project J. F. Heath Survey, Abstract No. 641 Parcel Nos. 1 TC-PT1, 1 TC-PT2, and 1 TC-PT3 EXHIBIT F to SETTLEMENT AGREEMENT BETWEEN BANK OF AM -ERICA, TRUSTEE, ET AL, AND THE CITY OF FORT WORTH PERMANENT DRAINAGE EASEMENT Date: July , 2009 Grantor: BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 50.000% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE A.M. PATE, JR. CHARITABLE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE III TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% Interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE SHARON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest BANK OF AMERICA, N.A , TRUSTEE OF THE ADLAI PRESTON PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% Interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE, JR. TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA N.A., TRUSTEE OF THE MASON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 2.083% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED DECEMBER 7, 1996, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, as to an undivided 1.042% interest, CHARLES PATRICK PATE as to an undivided 3.125% interest, TEXAS WESLEYAN UNIVERSITY, having taken title as TEXAS WESLEYAN COLLEGE, as to an undivided 6.250% interest, TEXAS CHRISTIAN UNIVERSITY as to an undivided 6.250% interest, and AUSTIN COLLEGE as to an undivided 6.250% interest. Grantor's Mailing Address: TO ALL GRANTORS: c/o Pamela A. Spadaro U.S. Trust, Bank of America Wealth Management 901 Main Street 16th Floor TX 1-492-16-03 Dallas, Dallas County, Texas 75202 Grantee: City of Fort Worth Grantee's Mailing Address: 1000 Throckmorton Street Fort Worth, Tarrant County, Texas 76102 Dominant Estate Property: Tract No. 1 described in the deed to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas Easement Property: See attached Exhibit "A." Easement Purpose: For the installation, construction, operation, maintenance, replacement, repair, and upgrade of a drainage area in connection with the expansion and reconstruction of Dirks Road (collectively, the "Facility") with the right to Grantee to prohibit the installation of any structure or use that may, in Grantee s sole determination, interfere with the operation and maintenance of the drainage area. 2 Consideration: The sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of whichiare acknowledged by Grantor. • Reservations from Conveyance: For Grantor and Grantor's successors and assigns forever, a reservation of all oil, gas, and other minerals in and under and that may be produced from the Property. 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. Grant of Easement: Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, of the "Facility." TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in anyway belonging to Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the Easement to Grantee, it successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, through, and under Grantor but not otherwise. Terms and Conditions: The following terms and conditions apply to the Easement granted herein: 1. Character of Easement. The Easement is appurtenant to, runs with, and inures to the benefit of all or any portion of the property, whether or not the Easement is referenced or described in any conveyance of all or such portion of the property. The Easement is exclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's successors and assigns. 2. Duration of Easement. The duration of the Easement is perpetual. Effective this day of July, 2009. - GRANTORS: Bank of America, N.A., Trustee of the A.M. Pate, Jr. Marital Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President 3 Bank of America N.A., Trustee of the A.M. Pate, Jr. Charitable Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name. Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the A M. Pate III Trust Under the Will of A.M. Pate, Jr., Deceased By Printed Name. Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patrick Pate Trust Under the Will of A.M. Pate, Jr , Deceased By: Printed Name. Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 By: Printed Name: Pamela A. Spadaro Sr. Vice President 4 Bank of America, N.A., Trustee of the Sheila Lynn Pate Wolfe Trust Under the Will of A.M. Pate, Jr , Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee for Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America N.A., Trustee of the Christopher Todd Miller Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name. Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patrick Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007 By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Revocable Trust under the Agreement dated June 28, 2007 By: Printed Name. Pamela A. Spadaro Sr. Vice President Texas Christian University By: Charles Patrick Pate Texas Wesleyan University, having taken title as Texas Wesleyan College By* William Bleibdrey, Sr. Vice President, Finance/Admin. Austin College Brian Gutierrez, Vice Chancellor for Finance/Admin. By: THE STATE OF TEXAS COUNTY OF Heidi B Ellis Vice President of Business Affairs ACKNOWLEDGEMENTS This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America N.A., a national banking association, Trustee of the A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A a national banking association, Trustee of the A.M. PATE, JR. CHARITABLE TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 5 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America N.A a national banking association, Trustee of the A.M. PATE III TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N A., a national banking association, Trustee of the SHEILA LYNN PATE WOLFE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS § COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro Sr Vice President of Bank of America N.A., a national banking association, Trustee of the CHARLES PATRICK PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America N.A., a national banking association, Trustee of the SHARON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 6 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the ADLAI PRESTON PATE TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr Vice President of Bank of America, N.A., a national banking association, Trustee of the CHARLES PATRICK PATE, JR. TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A , a national banking association, Trustee of the MASON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of - 2009, by Pamela A. Spadaro Sr Vice President of Bank of America, N A., a national banking association, Trustee of the CHRISTOPHER TODD MILLER TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro Sr Vice President of Bank of America, N.A., a national banking association, Trustee of the CHRISTOPHER TODD MILLER REVOCABLE TRUST UNDER THE AGREEMENT DATED DECEMBER 7, 1996, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro Sr Vice President of Bank of America, N.A. a national banking association, Trustee of the CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N A. a national banking association, Trustee of the MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009, by CHARLES PATRICK PATE Notary Public, State of Texas 8 THE STATE OF TEXAS COUNTY OF TARRANT § This instrument was acknowledged before me on the day of 2009, by William Bleibdrey, as Sr. Vice President, Finance/ Admin. of TEXAS WESLEYAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of 2009, by Brian Gutierrez, as Vice Chancellor for Finance/Admin. of TEXAS CHRISTIAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of 2009 by Heidi B. Ellis as Vice President of Business Affairs of AUSTIN COLLEGE, on behalf of the College. 255375v2 Notary Public, State of Texas 9 uw lmmo�iolouua�ni wi io��pinir�uuunu iu n��iwdii���i (f im waiowi��ii m(iX d''uf w��„'(ieiii: i,r����IPiuuu d i7014111kulliiiiliiiidimiiii41111•11111111141111111111111111iii•ISII•h;111111111•••1;111111•IIIIIIIIMAIthilitiihighly•Ailia11111111411114J111111•1•1;111“:•1411J11'u uuii1••••e,m„1i,•ioiruu mum ur•imuoo 1r iuuiirm1iomMo 7uwmllkliwmumoPduILIdl uAJWamuVuu 111i•uaduur hilljuuhalagit4 PARCEL NO.1PD PERMANENT DRAINAGE EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. H H:ATH SURVEY, ABSTRACT NO. 641 Exhibit "A" 1 • • • • Being a 0.184 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth Tarrant County, Texas, and being a portion of a tract of land descnbed as Tract No. 1 deeded to A. M. Pate Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.184 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point for corner in the proposed southerly right-of-way line. of Dirks Road (C.R. 1043), a variable width right-of-way, from which a 5/8 inch iron rod with cap stamped `GORRONDONA" set for corner in the proposed southerly right-of-way line of said Dirks Road bears South 88 degrees 08 minutes 37 seconds East, a distance of 149.66 feet; THENCE South 02 degrees 50 minutes 12 seconds West, a distance of 14.99 feet to a point for corner, THENCE South 88 degrees 06 minutes 35 seconds West, a distance of 200.00 feet to a point for corner; • THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 40.00 feet to a point for comer in the proposed south right-of-way line of said Dirks Road, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the west line of said Tract No. 1 with the proposed south right-of-way line of said Dirks Road bears North 88 degrees 06 minutes 35 seconds West, a distance of 2277.39 feet; TFI+NCE South 88 degrees 06 minutes 35 seconds East, with the proposed south right-of-way line of said Dirks Road, a distance of 200.00 feet to the POINT OF BEGINNING, and containing 8,000 square feet or 0.184 acres of land more or less. • • • • Page 1 of 2 GORRONDONA & ASSOCIATES, INC, 6707 BRENTWOOD STAIR RD, SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768 • • • • '�JW4L_WIWYuWv a r:,uyyLLy�, �a, uWYwW WUWWWWYWw1uJIY44Ww:a:W4WH1uwYilWYW'W y b.JwWI YWWYWy4 Q111IIYW'YWYW4'WYWYdWWYYdi'WILL{YWWiW''WyYIWW1LLWWWeIJW4YYWIW'WYW4:YYUYYYILL4141JWIW'tlWWW4,WNIW'4'iWWIn W' PARCEL NO.1PD PERMANENT DRAINAGE EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J F. HEATH SURVEY, ABSTRACT NO. 641 Notes: • • • (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All beanngs and distances are surface. • • Date: March 13, 2009 —\---. sit' -...0E-, Richard Kennedy %� • �r� -- ;0 �.. Registered Professional c it fi`i f LA' Texas No. 5527 \ c, 117 r27 '6 r %y o'2 :Su is? \I ' • • Page 2 of 2 OORRONDONA & ASSOCIATES, INC. 6707 BRENTVTOOD STAIR RD. SUITE 50 FORT WORTH. TEXAS 76112 817496-1424 FAX 8170496-1768 • • • • • • • 5 SET SURVEY NM. IV/WASHER GORRONDONAA BLOCK 7 EXHIBIT "A" QUAIL .RIDGE ESTATES PHASE 1 VOLUME 388-196, PAGE 39 P.R.T.C.T. 4 \ 1 3 2 DIRKS ROAD (C.R. 1043) (VARIABLE WIDTH RIGHT-OF-WAY) N 88'08'351V PROPOSED N 88 OB'35•W RIGHT-OF-WAY' 2277.39' 200.00' 2508898' BARRED WIRE FENCE 110 A°s._10.;: N J. F. HEATH SURVEY 200.00 • ABSTRACT NO., 641 - N 88O6'35"W LINE L-1 TRACT #1 t' L-2 S. W. RICHARDSON \ L-3 VOLUME 1846, PAGE 549 D.R.T.C.T LINE TABLE BEARING DISTANCE N 88'06'351Y 7.01 S 01-53'25iW 40.00 N 01'53'251 40.00 NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. PARCEL NO. 1PD OWNER: A. M. PATE, JR. SURVEY: J. F. HEATH SURVEY, ABSTRACT NO. 641 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS PERMANENT DRAINAGE EASEMENT AREA: 8,000 SO.FT. OR 0.184 ACRES GORRONOONA do ASSOCIATES, INC. • 6707 BRENTW000 STAIR ROAD, SUITE 50 SCALE IN FEET BLOCK 8 QUAIL RIDGE ESTATES CABINET Ar SLIDE 4337 P.:.C.T. ORSTING RIGHT-OF-WAY SET SURVEY NAIL W/WASHER GORRONOONA P.O.B S 88'06'35'E PERMANENT DRAINAGE EASEMENT 0.184 ACRES (5,000 SO.FT.) P.O.0 g old SIN 12 EX1511NG ASPHALT ROAD •r PROPERTY UNE s 00.06'35•E 65.04' • • t ROM -OF -WAY so SEE DETAIL "A" BURIED GAS PPELIHE ram. -.. y• ew / 1 o \ P.0.8. 2 e / N 1 1 Ti III:- 1 _ TRACT NO. 1 ' : I :' = a?: L—i I TRACT NO. 2 t .:.fi .• ^`.— • - :'1 • A. M. PATE. JR. c::.-: �.cX-- : VOLUME 6691, PAGE 475 D.R.T.C.T. 4 EXISTING CRY UUIT UNE CRY OF FORT NORTH . o PC City of Fort Worth DIRKS ROAD PROJECT I PERMANENT DRAINAGE EASEMENT TPW No. )0768 DATE: 03-13-2009 PAGE 1 OF 1 JOB NO. 0704-1977 SCALE: 1' . 100' CHK BY: CS DRAWN BY: RK CARD FILE: 1977 Exhibi s.dwg • FORT WORTH, TX. 76112 • 817-496-1424 FAX 817-496-1768 1000 THROCKMORTON STREET • FORT' WORTH, TEXAS 76102 DETAIL "A" -,;Qr � fy•;� ri ;JL. s\ .1' :9 RICHARD EV/59=' REGISTERED PROFESSIONAL LAND SUR NO. 5527 0'dlWwtu'6'u/'�='WWYlIW�1Yl',�IIW�Y'��bWY11W'�W'9W!'�WYII �YIy,�YW�IILvI'� Dirks Road Project J. F. Heath Survey, Abstract No. 641 24" Watermain Relocations EXHIBIT G TO SETTLEMENT AGREEMENT BETWEEN BANK OF AMERICA, TRUSTEE, ET AL AND THE CITY OF FORT WORTH PERMANENT WATER LINE EASEMENT DATE: July , 2009 GRANTOR: BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 50.000% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. CHARITABLE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE III TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED as to an undivided 3.125% Interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE SHARON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% Interest, BANK. OF AMERICA, N.A , TRUSTEE OF THE ADLAI PRESTON PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA N.A., TRUSTEE OF THE MASON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 2.083% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED DECEMBER 7, 1996, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, as to an undivided 1.042% interest, CHARLES PATRICK PATE as to an undivided 3.125% interest, TEXAS WESLEYAN UNIVERSITY, having taken title as TEXAS WESLEYAN COLLEGE, as to an undivided 6.250% interest, TEXAS CHRISTIAN UNIVERSITY as to an undivided 6.250% interest, and AUSTIN COLLEGE as to an undivided 6.250% interest. GRANTOR'S MAILING ADDRESS: TO ALL GRANTORS: c/o Pamela A. Spadaro U.S. Trust, Bank of Amenca Wealth Management 901 Main Street 16th Floor TX 1-492-16-03 Dallas, Dallas County, Texas 75202 GRANTEE: City of Fort Worth GRANTEE'S MAILING ADDRESS: 1000 Throckmorton Street Fort Worth, Tarrant County, Texas 76102 CONSIDERATION Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Tract No. 2 deeded to A. M. Pate, Jr. and recorded in Volume 6691, Page 475, Deed Records of Tarrant County, Texas EASEMENT AREA: See the attached and incorporated Exhibits "A" and "B " GRANTOR, for the consideration paid to GRANTOR and other good an valuable consideration, hereby grants, sells, and conveys to GRANTEE, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of an underground permanent water main hne, hereafter 2 referred to as ("Facilities") in, upon, under and across the "Easement Area" more fully described in Exhibits "A" and "B," attached and incorporated, together with the right and privilege at any time to enter the Property or Easement Area, or any part thereof, for the purpose of constructing, operating maintaining, replacing, upgrading, and repairing the personal property placed within the Facilities. The Facilities include all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, valves, pipelines, junction boxes in, upon, under and across a portion of the GRANTOR'S property as more fully described in Exhibits "A" and "B." Grantee shall have the right to prohibit any use of the Easement Area that may, in Grantee s sole determination, interfere with the purpose of the Easement. GRANTOR covenants and agrees it will not use GRANTOR'S property and the Easement Area: (1) in a manner that interferes in any material way or is inconsistent with the rights granted hereunder, or under this easement; and (2) to erect or permit to be erected within the Easement Area a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard brick or masonry fences or walls or other structure that requires a building permit; Provided, however, and not inconsistent with subparagraphs (1) and (2): (i) GRANTOR shall be permitted to maintain any existing concrete roads and driveways on GRANTOR'S property and the Easement Area; and (ii) GRANTOR shall be permitted to construct and maintain paved parking areas, lots, and access roads on the Easement Area and to use the Easement Area for parking, and ingress and egress in connection with Grantor s property that is adjacent to the Easement Area. GRANTEE shall be obligated to restore the surface of the GRANTOR'S property at GRANTEE'S sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to GRANTOR'S property and the Easement Area that may have been removed, relocated altered, damaged, or destroyed as a result of the GRANTEE'S use of this easement granted hereunder. Provided, however, that GRANTEE shall not be obligated to restore or replace imgation systems or other improvements installed in violation of the provisions and intended use of this easement. 3 TO HAVE AND TO HOLD the above -described Easement Area, together with all and singular the rights and appurtenances thereto in anyway belonging unto GRANTEE and GRANTEE's successors and assigns forever, and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof by, through, and under Grantor but not otherwise. Executed to be effective as of the date first written above. GRANTORS: Bank of America, N.A., Trustee of the A.M. Pate, Jr. Marital Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the A.M. Pate III Trust Under the Will of A M. Pate, Jr Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patnck Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr. Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the A.M. Pate, Jr. Charitable Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name. Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sheila Lynn Pate Wolfe Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee for Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr , Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President 4 Bank of America, N.A., Trustee of the Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By• Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Revocable Trust under the Agreement dated June 28 2007 By Printed Name: Pamela A. Spadaro • Sr. Vice President Texas Christian University By: Bank of America, N.A., Trustee of the Christopher Todd Miller Trust Under the Will of A.M. Pate, Jr., Deceased By Printed Name. Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patnck Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007 By: Printed Name. Pamela A. Spadaro Sr. Vice President Charles Patrick Pate Texas Wesleyan University, having taken title as Texas Wesleyan College By: William Bleibdrey, Sr. Vice President, Finance/Admin. Austin College Brian Gutierrez, Vice Chancellor for Finance/Admin. By: THE STATE OF TEXAS COUNTY OF Heidi B. Ellis Vice President of Business Affairs ACKNOWLEDGEMENTS This instrument was acknowledged before me on the day of by Pamela A Spadaro Sr. Vice President of Bank of America, N.A a national banking association, Trustee of the A.M. PATE JR MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 5 , 2009, THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the A.M. PATE, JR. CHARITABLE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A. a national banking association, Trustee of the A.M PATE III TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of Amenca, N.A., a national banking association, Trustee of the SHEILA LYNN PATE WOLFE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the CHARLES PATRICK PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas • 6 THE STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of by Pamela A Spadaro, Sr. Vice President of Bank of America, N A. a national association, Trustee of the SHARON LANSDEN PATE TRUST UNDER THE PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF , 2009, banking WILL OF A.M. This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro Sr. Vice President of Bank of America, N A., a national banking association, Trustee of the ADLAI PRESTON PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A. a national banking association, Trustee of the CHARLES PATRICK PATE, JR. TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of by Pamela A. Spadaro, Sr. Vice President of Bank of Amenca N A , a national banking association, Trustee of the MASON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 7 , 2009, THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America N.A., a national banking association, Trustee of the CHRISTOPHER TODD MILLER TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the CHRISTOPHER TODD MILLER REVOCABLE TRUST UNDER THE AGREEMENT DATED DECEMBER 7, 1996, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A , a national banking association, Trustee of the CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A Spadaro, Sr. Vice President of Bank of America, N.A , a national banking association, Trustee of the MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, on behalf of the Bank as Trustee. Notary Public, State of Texas 8 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by CHARLES PATRICK PATE. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2009, by William Bleibdrey, as Sr. Vice President, Finance/ Admin. of TEXAS WESLEYAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2009, by Brian Gutierrez, as Vice Chancellor for Finance/Admin. of TEXAS CHRISTIAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009 by Heidi B Ellis as Vice President of' Business Affairs of AUSTIN COLLEGE, on behalf of the College. 255376v2 Notary Public, State of Texas 9 m'„�i�ou�,iuiuu�ww,WW.uuu�wuuuiuuw� r�su�u..�duu�m..m,uiuuu.u� • PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J F. HEATH SURVEY, ABSTRACT NO 641 Exhibit "A" City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 Being a 0.366 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.366 acre tract of land being more particularly described by metes and bounds as follows: • • • BEGINNING at point in the easterly line of said Tract No. 2 and in the westerly right-of-way line of the Fort Worth & Western Railroad (a 100.0' right-of-way), from which a 5/8 inch° iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed' southerly right- of-way line of Dirks. Road (C.R. 1043), a variable width right-of-way, with the easterly line of said Tract No. 2 and the westerly right-of-way hne of the Fort Worth & Western Railroad bears North 14 degrees 54 minutes 03 seconds East, a distance of 15.00 feet; • T. tENCE South 14 degrees 54 minutes 03 seconds West, with the easterly line of said Tract No. 2 and with the westerly right-of-way line of said Fort Worth & Westem Railroad a distance of 20.00 feet to a point for corner; • THENCE North 74 degrees 30 minutes 36 seconds West, a distance of 91.37 feet to a point for corner; • THENCE North 76 degrees 47 minutes 55 seconds West, a distance of 313.03 feet to a point for comer; THENCE South 11 degrees 05 minutes 59 seconds West, a distance of 295.28 feet to a point for comer; • • THENCE North 81 degrees 12 minutes 27 seconds West, a distance of 25.02 feet to a point for comer in the proposed easterly right-of-way line of State Highway 121; 1'IiENCE North 11 degrees 05 minutes 59 seconds East, with the proposed easterly right-of-way line of State Highway 121, a distance of 307.23 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for the intersection of the proposed southerly right- of-way line of said Dirks Road with the proposed easterly right-of-way line of said State Highway 121 • Page 1 of 2 OORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD, SUITE 50 FORT WORTH, TEXAS 76112 B17-496-1424 FAX 8I7-496-1768 • • • iWl YWUW,WWWWrW'WWJ�YUYYiWWYWdWYuu'uWWYIIYY�WWiuYuu414uWu'�uY'Y PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO 641 City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 1HENCE North 57 degrees 09 minutes 02 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 13.87 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner in the proposed southerly right-of-way line of said Dirks Road bears North 57 degrees 09 minutes 02 seconds East, a distance of 20.83 feet; THENCE South. 76 degrees 47 minutes 55 seconds East, a distance of 329.19 feet to a point for corner; • THENCE South 74 degrees 30 minutes 36 seconds East, a distance of 91.57 feet to the POINT OF BEGINNING, and containing 15,958 square feet or 0.366 acres of land, more or less. Notes: • • (1) A plat of even survey date herewith accompanies this legal description. • (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. • • Date: November 29, 2007 Richard Kennedy Registered Professional Land Texas No. 5527 GORRONDONA & ASSOCIATES. INC. • • • 1. 7 ;' 4'.. �.•y .� ins•i. •. { • b rcfl'I •• ow • e2of2 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH, TEXAS 76112 • • 817-496-1424 FAX 817496-1768 • J. F. HEATH SURVEY ABSTRACT NO. 641 L-5 sET 5/51R w/GP -GORRONDONA" PROPOSED 25•0' RIGHT-OF-WAY STATE HIGHWAY 121 NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE. EXHIBIT "A •� O/Rk� NARIAB L—s SET .GDRROND0w1 wroTH MroF gO43J !! PROPOSED RIGHT—OF—WAY SET 5/e1R W/CAP "GORRONDONA. PERMANENT WATERLINE 20.0'J C= EASEMENT AREA 0.366 ACRES (15.958 SOFT) TRACT NO. 1 TRACT NO. 2 A. M. PATE. JR. VOLUME 6691, PAGE 475 D.R.T CT. 1 100 50 0 100 imi• .. _ mil;! SCALE IN FEET City of Fort Worth 1000 THROCKMORTON STREET ' FORT WORTH. TEXAS PERMANENT WATERLINE EASEMENT I CITY PROJECT NO. 00204 I WATER NO. OWNER: A. M. PATE, JR. SURVEY: J. F. HEATH SURVEY. ABSTRACT NO. 641 LOCATION: CITY OF FORT WORTH. TARRANT COUNTYL TEXAS EASEMENT ACQUISITION AREA: 15,958 SQ.FT. OR 0.366 ACRES GORRONDONA & ASSOCIATES, INC. • 6707 BRENTW00D STAIR ROAD, SUITE 50 0•B L-2 1 c446, 1 / 0 00 UNE L-1 L-2 L-3 L-4 L-5 L-8 L-7 LINE TABLE BEARING DISTANCE N 14 54'03'E 5 14 54'03 W N 7430'361 N 81'12'27V N 5709'02'E N 5709'02-E N 74 30'35'E . 15.00 20.00 91,37 25,02 13,87 20,03 91.57 r'•;+�"%' ='•.'f1' ;'mac ,fli Af i50'{•+ors'ii�1 , ll 76102 :y>" •.4. IIGr 6(�;!�1 RICHARD Kthi REGISTERED PROFESSIONAL LAND CADD FILE: 1977 Exhlbiie.dwg NO. 5527 FORT WORTH. TX. 76112 • 817-496-1424 FAX 817-496-1768 DIRKS ROAD 24" WATER MAIN RELOCATIONS P264-603170020442ID0E No. 4856 DATE: 11/29/2007 JOB NO. 0704-1977 CHK EY: CS PAGE 1 OF 1 SCALE: 1' -. 100' DRAWN BY: RK PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO 641 EXHIBIT "A" City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 Being a 0.479 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County Texas and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691 Page 475 of the Deed Records of Tarrant County, Texas said 0 479 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at point in the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer in the proposed southerly right-of-way line of said Dirks Road bears South 88 degrees 08 minutes 37 seconds East, a distance of 149.66 feet; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 15.00 feet to a point for corner; THENCE South 88 degrees 08 minutes 37 seconds East, a distance of 148.26 feet to a point for corner; THENCE South 77 degrees 51 minutes 33 seconds East, a distance of 20.15 feet to a point for corner, THENCE South 86 degrees 36 minutes 43 seconds East, a distance of 100.11 feet to a point for corner, THENCE South 83 degrees 17 minutes 06 seconds East, a distance of 178.80 feet to a point for corner; THENCE South 78 degrees 31 minutes 40 seconds East a distance of 177.33 feet to a point for comer in the proposed westerly right-of-way hne of State Highway 121 from which a 5/8 inch iron rod with cap stamped 'GORRONDONA' set for the intersection of the proposed southerly nght-of-way line of said Dirks Road with the proposed westerly right-of-way line of said State Highway 121 bears North 06 degrees 47 minutes 33 seconds East, a distance of 15.05 feet; • Page 1 of 3 GORRONDONA & ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD SMITE 50 FORT WORTH. TEXAS 76112 817.496-1424 FAX 817-496-1768 EM PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO. 641 City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed westerly right-of- way line of said State Highway 121, a distance of 327.44 feet to a point for comer, from which a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner in the proposed westerly right-of-way line of said State Highway 121 bears South 06 degrees 47 minutes 33 seconds West, a distance of 15.01 feet; THENCE North 81 degrees 12 minutes 27 seconds West, a distance of 25.00 feet to a point for corner; THENCE North 06 degrees 47 minutes 33 seconds East, a distance of 309.42 feet to a point for corner; THENCE North 78 degrees 31 minutes 40 seconds West, a distance of 153.06 feet to a point for corner; THENCE North 83 degrees 17 minutes 06 seconds West, a distance of 177.39 feet to a point for corner; THENCE North 86 degrees 36 minutes 43 seconds West, a distance of 101.06 feet to a point for corner; THENCE North 77 degrees 51 minutes 33 seconds West, a distance of 19.89 feet to a point for corner; THENCE North 88 degrees 08 minutes 37 seconds West, a distance of 166.48 feet to a point for corner; THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 35.00 feet to a point for corner in the proposed southerly right-of-way line of said Dirks Road; THENCE South 88 degrees 06 minutes 35 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 7.15 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for comer, THENCE South 88 degrees 08 minutes 37 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 12 85 feet to the POINT OF BEGINNING, and containing 20,886 square feet or 0.479 acres of land, more or less. Page 2 of 3 GORRONDONA do ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTII, TIDCAS 76112 B17-196-1424 FAX 817-496-1768 `�i.+�rr'.10011_ .l-.-r W..l a u Illeiltatani .r1r..... .ai 1 III! hill �i .��AN C I I i I ,. 1. . wSi,i""13"-.'....tnnii so 1 , nod io,i n i „i Ss PERMANENT WATERLINE EASEMENT CITY OF FORT WORTH DIRKS ROAD 24" WATERMAIN RELOCATIONS J. F. HEATH SURVEY, ABSTRACT NO. 641 Notes: (1) City Project No. 00204 Water No. P264-603170020442 DOE No. 4856 A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: June 25, 2009 cI ,:r; 1` i F.•1 Richard Kennedy f; ., _T' -- '•` Ark Registered Professions' LaNiUc. Texas No. 5527 `'^ `s11r • cif \u5 < ' • { � w •.-; 4 Page 3 of 3 \� GORRONDONA & ASSOCIATES; INC. 6707 BREN iWOOD S•I-O R 1tD \u1TE 50 'FORT WORTH. TEXAS 76112 817-4961424 FAX 817-496-1768 II. ■IYI•iIt111IIIYI • • SS, 111l lid lill I•. wi In.1•i 111•,E.IS 11 • 1 - il.•I al• 11. .V.1 YII11 i• Y II 1 41 •.• .I w 1 1 . I••SIII •YY II.l•Ii•nY•1I n•1• 811 Id Maid di II ---i4�"100.1me. I-, 1 '1 ■i 1111 IYWi.YS IPY i•.dllk i .111.ii lilt 0 C z.-' y Z i o n0,. �Z a 8Z5")NPC- rn oPa c N xi >_.. aA.or n >i 7• N M `1 �,O=a Z zD, -I Cif xi ..,.z 0 Ois Ob A - wm ("cil 11 a �c �Qn i o N OZ11 P. Og a rim O O c fTI .1 Z N o 111 4 ns v O£ O0 T=m M cn rim Z. _5 H o N O • w NI' A iv V COi O ro x ▪ CO N 4. • ? O b =V a a ti, It >N pb>bC 1 .. O r.3 ki'• k7 1`hi + n 1 y 0 spy C! o CO CP)� Ul rn .11 1!! re rny�dm Or1A rn *o �o Amt om am UM Ili ..�ISI.1 i. 111Ii.ill►IIb I l rl_ r 1 1 1 1 1 1 r1 1 r r rr rri V o, U .. 4 . Q ID 07 V o fI 4. w N Ri lA N 2 Z 2 Z Z 2 2 2 N N N Ud N U1 4f amoec�noyc� mwo+r+°'R J +g 000mC 12 as a9%1CIC1 .01�41°!`tW"� Z aou;uww iu wu+oNo rn cnmu �j�1. vrnA��a(odlua— RI r1 Ri Z 2 zf�lri'i�{1R1 1'TI t*� ('i Qj r o% om gNA O itIS('�o1 111111111-2 N 08747'33`E 30g.42' --_. LJ • FND 5/81R W/CAP `GORRONDONA' 11l it 1p. 1. I .I.m 1101111 .i . d11 NV 1 Wp[r Ei pagwm igU fp,mEs 1 et ta10 o .t D' am co 0 O 4. 4 u 0 uW •Y •rtlla ._ Ciwr,. Iid.I mrirn TD C aL rn I P -1PW PT1 N orthing 6920304.362 6920289.371 6920284.567 6920280.328 6920274.412 6920253.505 6920218.234 6919893.091 6919896.048 6920203.297 6920233.739 6920254.481 6920260.454 6920264.636 6920270.029 6920305.014 6920304.77E 6920304.362 Easting 2301431.073 2301430.576 2301578.765 • 2301598.470 2301698.406 2301875.981 2302049.771 2302011.043 2301986.218 2302022.815 2.301.872.817 2301696.647 2301595.760 2301576.319 2301409.9,9 2301411.084 2301418.229 2301431.073 Bearing Distance S O1°53'25" W 15.000 S 88°08'37" E 148._65 S 77°51'33" E 20.155 S 86°36'43" E 100.113 S 83°17'06" E 178.799 S 78°31'40" E 177.333 S 06°47'33" W 327.441 N 83°12'27" W 25.000 N 06947'33" E 309.421 N 78°31'40" W 153.056 1 83°17'06" W 177.387 N 66°36'43" W 1OJ.063 N 77°51'33" W 19.686 N 88°08'37" W 106.477 N O1°53'25" E 35.004 3 68°00'35" E 7.150 5 86°68'37" E 12.851 Closure Error Distance> 0.00000 Total Distance> 1974.402 Polyline Area: 20886 sq ft, 0.479 acres Thu Jun 25 12:54:23 2009 • Dirks Road Project Parcel No. 1 PU-PT1 J. F. Heath Survey, Abstract No. 641 EXHIBIT H TO SETTLEMENT AGREEMENT BETWEEN BANK OF AMERICA, TRUSTEE, ET AL, AND THE CITY OF FORT WORTH PERMANENT UTILITY EASEMENT Date: July , 2009 Grantor: BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 50.000% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. CHARITABLE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE III TRUST CREATED UNDER THE WILL OF A M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA N.A. TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE SHARON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR , DECEASED, as to an undivided 3 125% interest, BANK OF AMERICA, N A., TRUSTEE OF THE ADLAI PRESTON PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE JR. TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA N.A., TRUSTEE OF THE MASON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 2.083% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, 1 BANK OF AMERICA, N.A. TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER THE AGREEMENT DATED DECEMBER 7, 1996, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, as to an undivided 1.042% interest, CHARLES PATRICK PATE as to an undivided 3.125% interest, TEXAS WESLEYAN UNIVERSITY, having taken title as TEXAS WESLEYAN COLLEGE, as to an undivided 6.250% interest, TEXAS CHRISTIAN UNIVERSITY as to an undivided 6.250% interest, and AUSTIN COLLEGE as to an undivided 6.250% interest. Grantor's Mailing Address: TO ALL GRANTORS: c/o Pamela A. Spadaro U S. Trust, Bank of America Wealth Management 901 Main Street 16th Floor TX 1-492-16-03 Dallas, Dallas County, Texas 75202 Grantee: City of Fort Worth Grantee's Mailing Address: 1000 Throckmorton Street Fort Worth, Tarrant County, Texas 76102 Dominant Estate Property: Tract No. 2 as descnbed in deed to A. M Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas. Easement Property: See attached Exhibits "A" and `B " Easement Purpose: For the installation, construction, operation, maintenance, replacement, repair, and upgrade of utilities including, but not necessarily limited to water lines sanitary sewer lines, gas lines, CATV and electric lines (collectively the "Facilities"), with the nght m Grantee to prohibit any use that may, in Grantee's sole determination, interfere with such purpose. 2 Consideration: The sum of TEN AND NO/100 DOLLARS ($10.00) and . other good and valuable consideration, the receipt and sufficiency of which are acknowledged by Grantors. Grant of Easement: Grantors, for the consideration paid to them and other good and valuable consideration, hereby grants, sells and conveys to the City of Fort Worth, Texas, its successors and assigns, .an exclusive, perpetual easement for the construction, operation, maintenance, of the "Facilities." TO HAVE AND TO HOLD this permanent utility easement, together with all and singular the rights and appurtenances thereto in anyway belonging to the City, and the City's successors and assigns forever; and Grantors do hereby bind themselves and their successors and assigns to warrant and forever defend all and singular the permanent utility easement to the City, it successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through, or under them but not otherwise. Terms and Conditions: The following terms and conditions apply to the easement granted herein: 1. Character of Easement. The permanent utility easement is appurtenant to, runs with, and inures to the benefit of all or any portion of the property, whether or not the easement is referenced or described in any conveyance of all or such portion of the property. The permanent utility easement is exclusive and irrevocable and is for the benefit of the City of Fort Worth and the City's successors and assigns. 2. Duration of Easement. The duration of the permanent drainage easement is perpetual. Effective the day of July, 2009. GRANTORS Bank of America, N.A., Trustee of the A.M. Pate, Jr. Mantal Trust Under the Will of A.M. Pate, Jr., Deceased By Printed Name: Pamela A Spadaro Sr. Vice President Bank of America N A., Trustee of the A.M. Pate, Jr. Charitable Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President 3 Bank of America, N.A., Trustee of the A.M. Pate III Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patrick Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name. Pamela A Spadaro Sr. Vice President Bank of Amenca, N.A., Trustee of the Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr , Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sheila Lynn Pate Wolfe Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President • Bank of America, N.A., Trustee of the Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee for Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr., Deceased By Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patnck Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007 By: Printed Name: Pamela A. Spadaro Sr. Vice President 4 Bank of America, N.A., Trustee of the Mason Lansden Pate Revocable Trust under the Agreement dated June 28, 2007 By Printed Name: Pamela A Spadaro Sr. Vice President Texas Christian University By: Charles Patrick Pate Texas Wesleyan University, having taken title as Texas Wesleyan College By: William Bleibdrey, Sr. Vice President, Finance/Admin. Austin College Brian Gutierrez, Vice Chancellor for Finance/Admin. By: THE STATE OF TEXAS COUNTY OF Heidi B. Ellis Vice President of Business Affairs ACKNOWLEDGEMENTS This instrument was acknowledged before me on the day of , 2009, by Pamela A Spadaro, Sr. Vice President of Bank of America, N.A , a national banking association, Trustee of the A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the A.M. PATE, JR. CHARITABLE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 5 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America N.A. a national banking association, Trustee of the A.M. PATE III TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A Spadaro Sr. Vice President of Bank of America, N.A. a national banking association, Trustee of the SHEILA LYNN PATE WOLFE TRUST UNDER THE WILL OF A.M. PATE, JR , DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A Spadaro, Sr. Vice President of Bank of America, N.A. a national banking association, Trustee of the CHARLES PATRICK PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the SHARON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 6 THE STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N A., a national banking association, Trustee of the ADLAI PRESTON PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A. a national banking association, Trustee of the CHARLES PATRICK PATE, JR. TRUST UNDER THE WILL OF A.M. PATE, JR. DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America N A., a national banking association, Trustee of the MASON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A Spadaro Sr. Vice President of Bank of America N.A., a national banking association, Trustee of the CHRISTOPHER TODD MILLER TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. • Notary Public, State of Texas 7 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A , a national banking association, Trustee of the CHRISTOPHER TODD MILLER REVOCABLE TRUST UNDER THE AGREEMENT DATED DECEMBER 7, 1996, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A Spadaro, Sr. Vice President of Bank of America, N.A , a national banking association, Trustee of the MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, on behalf of the Bank as Trustee. THE STATE OF TEXAS COUNTY OF Notary Public, State of Texas • This instrument was acknowledged before me on the day of , 2009, by CHARLES PATRICK PATE Notary Public, State of Texas 8 THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2009, by William Bleibdrey, as Sr. Vice President, Finance/ Admin. of TEXAS WESLEYAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2009, by Brian Gutierrez, as Vice Chancellor for Finance/Admin. of TEXAS CHRISTIAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009 by Heidi B Ellis as Vice President of Business Affairs of AUSTIN COLLEGE, on behalf of the College. 255369v2 Notary Public, State of Texas 9 PARCEL NO. 1PU-PT1 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 • EXHIBIT "A" • • Being a 0.215 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of •a tract of land descnbed as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas said 0.215 acre tract of land being more particularly described by metes and bounds as follows: • • • BEGINNING at a 5/8 inch iron rod with cap stamped "GORRONDONA' set for the intersection of the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, with the proposed westerly right-of-way line of State Highway 121; THENCE South 06 degrees 47 minutes 33 seconds West, with the proposed westerly right-of- way line of said State Highway 121., a distance of 15 05 feet to a point for corner • THENCE North 78 degrees 31.minutes 40 seconds West, a distance of 177.33 feet to a point for corner; THENCE North 83 degrees 17 minutes 06 seconds West, a distance of 178.80 feet to a point for corner; • • THENCE North 86 degrees 36 minutes 43 seconds West, a distance of 100.11 feet to a point for corner; • THENCE North 77 degrees 51 minutes 33 seconds West, a distance of 20.15 feet to a point for comer, THENCE North 88 degrees 08 minutes 37 seconds West, a distance of 148.26 feet to a point for • comer; 1. HENCE North 01 degrees 53 minutes 25 seconds East, a distance of 15.00 feet to a point for comer in the proposed southerly right-of-way line of said Dirks Road; THENCE South 88 degrees 08 minutes 37 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 149.61 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for comer; Page 1 of 2 GORRONDONA & ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH, TEXAS 76112 817-4964424 FAX S17496-1768 PARCEL NO. 1PU-PT1 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J F. HEATH SURVEY, ABSTRACT NO. 641 THENCE South 77 degrees 51 minutes 33 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 20.36 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for corner; 'THENCE South 86 degrees 36 minutes 43 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 99 40 feet to a 5/8 inch iron rod with -cap stamped "GORRONDONA' set for corner, • • THENCE South 83 degrees 17 minutes 06 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 179.86 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for comer, THENCE South 78 degrees 31 minutes 40 seconds East, with the proposed southerly nght-of- way line of said Dirks Road, a distance of 176.73 feet to the POINT OF BEGINNING, and containing 9,380 square feet or 0.215 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. • (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. • • Date: November 29, 2007 • • Richard Kennedy Registered Professional Land Texas No. 5527 GORRONDONA & ASSOCIATES. INC. tr • 'N• A � ,1.• • •y �• 4;:. — z. ..4e2of2 6707 BRENIWOOD STAIR RD• SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768 PROPERTY UNE PROPOSED SET 5/e9R W/GP RIGHT—OF—WAY CORRONDONA' N 01'53'2511E 15.00' MINIM MINIM SET 5/eiR w/cP Y:ORRONDOW . S 88'08'37'E . 149.61' 148.28' N 88'08'37'1V N 7751'33'W 20.15' EXHIBIT. "A" DIRKS ROAD (C.R. 1043) (VARIABLE WIDTH RIGHT—OF—WAY) S 77'51'33"E 20.38' S 88'36'431 83• 99.40' ._ 17'08`E 779436. N 88'38'43'W 178.80' N 8317'06' Y PERMANENT • UTILITY SET 5/W1R W/CAP GGORRONOONA' TRACT NO. 1 EASEMENT TRACT NO. 2 AREA A. M. PATE, JR. 0.215 ACRES VOLUME 8891, PAGE 475 (9,380 SQ.FT.) D.R.T.C.T. J. F. HEATH SURVEY ABSTRACT NO. 641 NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS AND DISTANCES SHOWN ARE SURFACE rn� 100 50 0 100 SCALE IN 1-t..LI City of Fort Worth 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 76102 PARCEL NO. 1PU—PT1 OWNER: A. M. PATE, JR. SURVEY: J. F. HEATH SURVEY. ABSTRACT NO. 641 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS EASEMENT ACQUISITION AREA: 9.380 SQ.FT. OR 0.215 ACRES GORRONDONA do ASSOCIATES. INC. • 6707 BRENTWOOD STAIR ROAD SUITE 50 1'TEMPORARY CONSTRUCTION EASEMENT MOMM SET 5/61R W/CAP --iCORRONDONA' SET 5/81R W/CAP CORRONDONA' S 78.37.40' r. 76.73• I N 73140w II • II APPROXIMATE LOCATION--4.4 10.0' EASEMENT OF RIGHT—OF—WAY VOLUME O_R T1, PAGE 384 I I II II II II II II II II II DIRKS ROAD PROJECT TPW No. 00765 DATE 11/29/2007 PAGE 1 OF 1 P.0.8 S 06'47'33"W 15.05. PROPOSED RIGHT-OF-WAY STATE HIGHWAY 121 1 . 10B R YRrlft; o ' A • JOB NO. 0704-1977 SCALE 1' — 100' • 4 , is, ,,,..1 CHK BY: CS DRAWN BY: RK RICHARDHARD``1(N�'' REGISTERED PFlt TONAL LAND SU CADD FILE: 1977 Exhibl s.dwg NO. 5527 FORT WORTH, TX. 76112 • 817-496-1424 FAX 817-496-1768 • PARCEL NO. 1PU-PT2 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Exhibit "B" • Being a 0.142•acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas said 0.142. acre tract of land being more particularly described by metes and bounds as follows: • • • • BEGINNING at a' 5/8 inch iron rod with dap stamped `GORRONDONA' set for the intersection of the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of-way, with the easterly line of said Tract No. 2 and with the existing westerly right- of-way line of the Fort Worth & Western Railroad (a 100.0' right-of-way); • THENCE South 14 degrees 54 minutes 03 seconds West, with the easterly line of said Tract No. 2 and with the existing westerly right-of-way line of said Fort Worth & Western Railroad, a distance of 15.00 feet to a point for corner, THENCE North 74 degrees 30 minutes 36 seconds West, a distance of 91.57 feet to a _point for corner; • THENCE North 76 degrees 47 minutes 55 seconds West, a distance of 329.19 feet to a point for corner in the proposed southerly right-of-way line of said Dirks Road; THENCE North 57 degrees 09 minutes 02 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 20.83 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA' set for comer; HENCE South 76 degrees 47 minutes 55 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 315.03 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for comer, 1'I3ENCE South 74 degrees 30 minutes 36 seconds East, with the proposed southerly nght of - way line of said Dirks Road, a distance of 9171 feet to the POINT OF BEGINNING, and containing 6,206 square feet or 0.142 acres of land, more or less. • • Page 1 of 2 GORRONDONA & ASSOCIATES. INC. 6707 BRENTWOOD STAIR RD. SUITE 50 FORT WORTH, TEXAS 76112 817-496-1424 FAX 817-496-1768 PARCEL NO. 1TC-PT2 PERMANENT UTILITY EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Notes: • • • (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. • • • • Date: November 29, 2007 • \---- \C „...,,,,S-librz.... 415,Y v� 7,7/•< ti • Richard Kennedy :.'\ _fist • •. Registered Professional Land `.prvpyq '9�j KE:,EDY • Texas No. 5527 ,� `• I,• 5.5:7 ` L • eixCQ/SP'•ro. ‘l`' 1'•I''LIR of 2 OORRONDONA & ASSOCIATES, INC. 6797 BRENTWOOb' ' D! SUITE 50 FORT WORTH. TEXAS 76112 8t7-496-1424 FAX 6t7496-176B • • • • 1 r R►G " . oanot+ f-- s 74 30 36't S 76'47'55'E �( 318.03' 91.71' Dirks Road Project J. F. Heath Survey, Abstract No. 641 Parcel Nos. 1 TC-PT1, 1 TC-PT2, and 1 TC-PT3 EXHIBIT I TO SETTLEMENT AGREEMENT BETWEEN BANK OF AMERICA, TRUSTEE, ET AL, AND THE CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEMENT DATE: July , 2009 GRANTORS BANK OF AMERICA, N.A. TRUSTEE OF THE A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 50.000% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE, JR. CHARITABLE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE A.M. PATE III TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA N.A., TRUSTEE OF THE SHEILA LYNN PATE WOLFE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A., TRUSTEE OF THE CHARLES PATRICK PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA N.A. TRUSTEE OF THE SHARON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR , DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A , TRUSTEE OF THE ADLAI PRESTON PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 3.125% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHARLES PATRICK PATE JR. TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE MASON LANSDEN PATE TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 2.083% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE CHRISTOPHER TODD MILLER TRUST CREATED UNDER THE WILL OF A.M. PATE, JR., DECEASED, as to an undivided 1.5625% interest, 1 BANK OF AMERICA, N.A. TRUSTEE OF THE CHRISTOPHER TODD MILLER REVOCABLE TRUST CREATED UNDER AGREEMENT DATED DECEMBER 7, 1996, as to an undivided 1.5625% interest, BANK OF AMERICA, N A. TRUSTEE OF THE CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER AGREEMENT DATED JUNE 7, 2007, as to an undivided 1.5625% interest, BANK OF AMERICA, N.A. TRUSTEE OF THE MASON LANSDEN PATE REVOCABLE TRUST UNDER AGREEMENT DATED JUNE 28, 2007, as to an undivided 1.042% interest, CHARLES PATRICK PATE as to an undivided 3.125% interest, TEXAS WESLEYAN UNIVERSITY, having taken title as TEXAS WESLEYAN COLLEGE, as to an undivided 6.250% interest, TEXAS CHRISTIAN UNIVERSITY as to an undivided 6.250% interest, and AUSTIN COLLEGE as to an undivided 6.250% interest. GRANTORS' MAILING ADDRESS: TO ALL GRANTORS: c/o Pamela A. Spadaro U S. Trust, Bank of Amenca Wealth Management 901 Main Street 16th Floor TX 1-492-16-03 Dallas, Dallas County, Texas 75202 GRANTEE: City of Fort Worth GRANTEE'S MAILING ADDRESS: 1000 Throckmorton Street Fort Worth, Tarrant County, Texas 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: (See attached Exhibits "A," `B," and "C") GRANTORS, for the CONSIDERATION paid to GRANTORS, do hereby grant, bargain and convey unto GRANTEE, its successors and assigns, the use and passage in, over, and across, below and along the easement situated in Tarrant County, Texas, in accordance with the descriptions and plats hereto attached as Exhibits "A," "B," and "C" and ingress and egress over Grantor's property to easement as shown on Exhibit "A" to wit: It is further agreed and understood that GRANTEE will be permitted the use of said easement for the construction of expansion of Dirks Road. This easement shall be valid for a maximum period of twenty-four months from the commencement of construction. However, upon completion of improvements and its acceptance by GRANTEE, or on December 31, 2 2012, whichever occurs first, all rights granted within the described Temporary Construction Easement shall cease. TO HAVE AND TO HOLD the above described easement, together with, all and singular, the rights and appurtenances thereto in anywise belonging unto GRANTEE, and GRANTEE'S successors and assigns until the completion of construction. And GRANTORS do hereby bind themselves, their heirs, successors, and assigns, to warrant and defend, all and singular, said easement unto GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through, or under Grantors, but not otherwise. GRANTORS: Bank of America, N.A., Trustee of the A.M. Pate, Jr. Marital Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the A.M. Pate III Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patrick Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the A.M. Pate, Jr. Charitable Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sheila Lynn Pate Wolfe Trust Under the Will • of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee for Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President 3 Bank of America, N.A., Trustee of the Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Mason Lansden Pate Revocable Trust under the Agreement dated June 28, 2007 By: Printed Name: Pamela A. Spadaro Sr. Vice President Texas Christian University By: Brian Gutierrez, Vice Chancellor for Finance/Admin. THE STATE OF TEXAS COUNTY OF Bank of America, N.A., Trustee of the Christopher Todd Miller Trust Under the Will of A.M. Pate, Jr., Deceased By: Printed Name: Pamela A. Spadaro Sr. Vice President Bank of America, N.A., Trustee of the Charles Patrick Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007 By: Printed Name: Pamela A. Spadaro Sr. Vice President Charles Patrick Pate Texas Wesleyan University, having taken title as Texas Wesleyan College By: William Bleibdrey, Sr. Vice President, Finance/Admin. Austin College By: Heidi B. Ellis Vice President of Business Affairs ACKNOWLEDGEMENTS This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the A.M. PATE, JR. MARITAL TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 4 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the A.M. PATE, JR. CHARITABLE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the A.M. PATE III TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. THE STATE OF TEXAS COUNTY OF § Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the SHEILA LYNN PATE WOLFE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the CHARLES PATRICK PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas 5 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the SHARON LANSDEN PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the ADLAI PRESTON PATE TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking Trustee of the CHARLES PATRICK PATE, JR. TRUST UNDER THE WILL OF A DECEASED, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., Trustee of the MASON LANSDEN PATE TRUST UNDER THE DECEASED, on behalf of the Bank as Trustee. , 2009, by association, .M. PATE, JR., day of , 2009, by a national banking association, WILL OF A.M. PATE, JR., Notary Public, State of Texas 6 THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the CHRISTOPHER TODD MILLER TRUST UNDER THE WILL OF A.M. PATE, JR., DECEASED, on behalf of the Bank as Trustee. THE STATE OF TEXAS COUNTY OF § Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the CHRISTOPHER TODD MILLER REVOCABLE TRUST UNDER THE AGREEMENT DATED DECEMBER 7,1996, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the CHARLES PATRICK PATE, JR. REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 7, 2007, on behalf of the Bank as Trustee. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009, by Pamela A. Spadaro, Sr. Vice President of Bank of America, N.A., a national banking association, Trustee of the MASON LANSDEN PATE REVOCABLE TRUST UNDER THE AGREEMENT DATED JUNE 28, 2007, on behalf of the Bank as Trustee. Notary Public, State of Texas 7 THE STATE OF TEXAS COUNTY OF § This instrument was acknowledged before me on the day of , 2009, by CHARLES PATRICK PATE. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2009, by William Bleibdrey, as Sr. Vice President, Finance/ Admin. of TEXAS WESLEYAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on the day of , 2009, by Brian Gutierrez, as Vice Chancellor for Finance/Admin. of TEXAS CHRISTIAN UNIVERSITY, on behalf of the University. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of , 2009 by Heidi B. Ellis as Vice President of Business Affairs of AUSTIN COLLEGE, on behalf of the College. Notary Public, State of Texas 8 PARCEL NO. 1TC-PT1 TEMPORARY CONSTRUCTION EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 J AuI 311' "A" Being a 2.129 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of two tracts of land described as Tract No. 1 and Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records ofTarrant County, Texas, said 2.296 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner in the proposed southerly right-of-way line of Dirks Road (C.R. 1043), a variable width right-of- way; THENCE North 88 degrees 08 minutes 37 seconds West, with the proposed southerly right- of-way line of said Dirks Road, a distance of 162.46 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for corner; THENCE North 88 degrees 06 minutes 35 seconds West, with the proposed southerly right-of-way line of said Dirks Road, a distance of 7.15 feet to the POINT OF BEGINNING; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 50.00 feet to a point for corner; rai NCE North 88 degrees 06 minutes 35 seconds West, a distance of 594.00 feet to a point for corner; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 36.00 feet to a point for comer; THENCE North 88 degrees 06 minutes 35 seconds West, a distance of' 810.00 feet to a point for comer, THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 76.00 feet to a point for corner; THENCE North 88 degrees 06 minutes 35 seconds West, a distance of 140.00 feet to a point for comer THENCE North 01 degrees 53 minutes 25 seconds East, a distance of 10.00 feet to a point for corner in the proposed southerly right-of-way line of said Dirks Road; Page 1 of 2 OORRONDONA do ASSOCIATES, INC. 6707 BRENTWOOD STAIR RD. suITE 50 FORT WORTH, TEXAS 76112 B17-496.1424 FAX 8174496-1768 U1 i,uo,o oimianiorbuwJwwmiu 111ra+l 1,11,'wurwi11„m iwi� ,wm,�,�, „ ,i„ ,�w �aii���, PARCEL NO.1TC-PTI TEMPORARY CONSTRUCTION EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 'THENCE South 88 degrees 06 minutes 35 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 150.00 feet to a point for corner; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 40.00 feet to a point for corner; THENCE South 88 degrees 06 minutes 35 seconds East, a distance of 200.00 feet to a point for corner; 'i H +'NCE North 01 degrees 53 minutes 25 seconds East, a distance of 40.00 feet to a point for corner in the proposed southerly right-of-way line of said Dirks Road; THENCE South 88 'degrees 06 minutes 35 seconds East, with the proposed southerly right-of- way line of said Dirks Road, a distance of 1194.00 feet to the POINT OF BEGINNING, and containing 92,760 square feet or 2.129 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: April 14, 2009 Richard Kenned Registered Profe Texas No. 5527 Page 2 of 2 GORRONDONA & ASSOCIATES, INC. 670 BBRENTWOOD STAIR RD. SUITE SO FORT WORTH. TEXAS 76112 817.496-1424 FAX 817-496-1768 8 1 2 ,g 15 14 -- -- / 1s .1 f2 1 --°� -- OOS1R!O ORY UMW LINE CRY OF FDRr WORTH EXISTING ASPHALT ROAD EXHIBIT "A" 3 5 8 r AD (C R 1 L-8 - - ' 1-- r-'- _ - _- (VARIABLE � WIDTH RIGHT —of —WARY) - • - •--- '- - -' • 88'06'35'E RIGHT-OF-WAY - •2 L-8 ,� . L-9 h* + r ,o PROPOSED 1194.0o. MIRO RIGHT -OF -NW t ' J• N 88'08'35'W 594.00' i APPROXIMATE WC 110N PERMANENT EASEMENT CRY OF FORT WORTH VOLUME 8524, PAGE 1108 NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. (2) BEARINGS CONTROL FOR STATE REFERENCED GHWAY 121. BEARINGS • AND DISTANCES SHOWN ARE SURFACE. N 88'08'35"W 810.00' L-4 , SEE DETAIL "A• " 1I1 TEMPORARY CONSTRUCTION EASEMENT 2.129 ACRES (92,760 NET SCOT.) TRACT NO. 1 TRACT NO. 2 A. M. PATE, JR. VOWME 6691, PAGE 475 D.R.T.C.T. 200 .1 p0 TAT 0 SCALE IN FEET DETAIL "A' LINE TABLE LINE BEARING DISTANCE L-1 N 88'08'37"W 162.41•6 - - - - - a' ' - •- • • L-2 N 88'06.35"W 7.15 /..— -. "" "'� - - --....1/4L-3 5 01'53'25"W 50.00 • P.�•®. -_ - % L-4 S 01'53'25"W 36.00 sEr s/eta w/cAP '1. L-5 N 01'53.25"E 76.00 jL 2- a°N c°RODNA' 1 L-8 N 88'08.35"W 140.00 .-�. t-1a �I - L-7 N 01'53.25"E 10.00 t � , L-8 S 88'06.35"E 150.00 200 ♦�\ � r - ------ ��ra SET 5/AIR W/GIP GORRONDONA' L-9 S 01'53'25"W 40.00 �� P.O.(,'. / L-10 S 88'06.35"E 200.00 L-11 N 01'53.25"E 40.00 ♦ •♦ / ♦ / i ° �` 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 78102 • PARCEL NO. 1TC-PT1 I TEMPORARY CONSTRUCTION EASEMENT I TPW No. )0768 ,� ss•''"yO�. • OWNER: A. M. PATE, JR. DATE: 04-14-2009 PAGE 1 OFT \--7.�� NOS tr 1 SURVEY: J. F. HEATH SURVEY, ABSTRACT NO. 641 • JOB NO. 0704-1977 SCALE: 1" .• 200' RICHARD • LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS CHK BY: cs DRAWN BY: RK REGISTERED PROFESSIONAL LAND Su TEMPORARY CONSTRUCTION EASEMENT AREA: 92.760 SQ.FT. OR 2.129 ACRES CADD FILE: 1977 Exhibitn.dwg NO. 5527 GORRONDONA & ASSOCIATES, INC. • 6707 BRENIWOOD STAIR ROAD, SUITE 50 • FORT WORTH, TX. 76112 II I I City of Fort Worth DIRKS ROAD .PROJECT 817-496-1424 FAX 817-496-1768 PARCEL NO. 1TC-PT2 TEMPORARY CONSTRUCTION EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Exhibit "B" Being a 0.115 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. I deeded to A. M. • Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.115 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a survey nail with washer stamped "GORRONDONA" set for the northwest corner of said Tract No. 1, said survey nail with washer stamped "GORRONDONA" being in Dirks Road (C.R. 1043), a variable width, right-of-way; THENCE South 20 degrees 33 minutes 15 seconds East, with the westerly line of said Tract No. 1, a distance of 70.33 feet to a 5/8' inch iron•rod..with cap stamped "GORRONDONA" set for the intersection of the westerly line of said Tract No. I with the proposed southerly right-of-way line of said Dirks Road; THENCE North 88 degrees 06 minutes 35 seconds West, with the proposed southerly right-of-way line of said Dirks Road, a distance of 927.39 feet to the POINT OF BEGINNING; THENCE South 88 degrees 06 minutes 35 seconds East, with the proposed southerly right-of-way line of said Dirks Road, a distance of 501.53 feet to a. point for corner; THENCE South 01 degrees 53 minutes 25 seconds West, a distance of 10.00 feet to a point for corner THENCE North 88 degrees 06 minutes 35 seconds West, a distance of 501.53 feet to a point for corner, THENCE North 01 degrees 53' minutes 25 seconds East, a distance of 10.00 feet to the POINT OF BEGINNING, and containing 5,015 square feet or 0.115 acres of land, more or less. Notes: (1) (2) A plat of even survey date herewith accompanies this legal description. All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: November 29, 2007 Richard Kennedy Registered Professional Land Texas No. 5527 • :r, i;51:1 ;..,,�,5S'•'��jr e 1 of 1 GORRONDONA & ASSOCIATES. INC 6707 BRENTWOaDStAtR RD. SUITES° FORT WORTH, TEXAS 76112 817-496-1424 FAX 817.496-1768 N 88'06'35•W 927.39' N 01'5312▪ 5°E 1:144 10.00' 1:‘ ckc'e.‘ /44\ NOTES: (1) A LEGAL DESCRIPTION OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS PLAT. ▪ (2) BEARINGS ARE REFERENCED TO THE PROJECT CONTROL FOR STATE HIGHWAY 121. BEARINGS ANO DISTANCES SHOWN ARE SURFACE. PARCEL NO. 1TC—PT2 OWNER: A. M. PATE. JR. ▪ SURVEY: J. F. HEATH SURVEY, ABSTRACT NO. 641 LOCATION: CITY OF FORT WORTH, TARRANT COUNTY. TEXAS TEMPORARY CONSTRUCTION EASEMENT AREA: 5.015 SQ.FT. OR 0.115 ACRES • GORRONDONA & ASSOCIATES, INC. • 6707 BRENTNOOD STAIR ROAD, SURE 50 ••••• P.0 8 EXHIBIT "B" DIRKS ROAD (C.R. 1043) usiggic AsFH&T nogIVARIABLE WIITIN RIGHT-OF-WAY) OMNI. 1.1111.• EXISTINAG RIGHT-OF-WAY ' S 5806135.E • • ••••••••••.— ....... .................................................. 501.53' • ................... 501.53 PARCEL NO. 1TC—PT2 AREA 0.115 ACRES (5,015 SO.Ft) TRACT NO. 1 • TRACT NO. 2 A. M. PATE, JR, VOLUME 6691, PAGE 475 D.R.T.C.T. Dasnric cnY Ina LINE C(TY FORT WORM ------- PROPERTY UNE 4111•10 ••••••1 PROPOSED RIGHT-OF-WAY--\ so S 0153125"W 1 MOO' Gunn GAS PIPELINE J. F. HEATH SURVEY ABSTRACT NO. 641 LINE L-1 City of Fort Worth DIRKS ROAD PROJECT 1 TEMPORARY CONSTRUCTION EASEMENT TPW No. )0768 1000 THROCKMORTON STREET • FORT WORTH, TEXAS 78102 DATE: 11/29/2007 PAGE 1 OF 1 JOB NO. 0704-1977 SCALE: 1' - 100' CHK BY: CS DRAWN BY: RK CARD FILE: 1977 ExhIbl s.dwg ▪ FORT WORTH. TX. 76112 • LINE TABLE BEARING I DISTANCE S 20'33'15"E 70.33 RICHARD'-. -N_Alck,J- RECISILRED PTIOPRIzasIDNAL LAND SU NO. 5527.. 817-496-1424 FAX 817-496-1768 PARCEL NO. 1TC-PT3 TEMPORARY CONSTRUCTION EASEMENT CITY OF FORT WORTH DIRKS ROAD PROJECT J. F. HEATH SURVEY, ABSTRACT NO. 641 Exhibit "C" Being a 0.353 acre tract of land situated in the J. F. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land described as Tract No. 2 deeded to A. M. Pate, Jr. as recorded in Volume 6691, Page 475 of the Deed Records of Tarrant County, Texas, said 0.709 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the east line of said Tract No. 2 and in the west right-of-way line of the Fort Worth & Western Railroad, from which a 5/8 inch iron rod with cap stamped "GORRONDONA" set for • the intersection of the proposed southerly right-of-way line of Dirks Road (a variable width right-of-way) with the east line of said Tract No. 2 and with the west right-of-way line of said Fort Worth & Western Railroad bears North 14 degrees 54 minutes 03 seconds East, a distance of 35.00 feet; THENCE South 14 degrees 54 minutes 03 seconds West, with the east line of said Tract No. 2 and with the west right-of-way line of said Fort Worth & Western Railroad, a distance of 42.91 feet to a point for corner; • THENCE North 74 degrees 30 minutes 36 seconds West, a distance of 402.26 feet to a point for comer, TH.ENCE North 11 degrees 05 minutes 59 seconds East, a distance of 30.49 feet to a point for corner; T/TENCE South 76 degrees 47 minutes 55 seconds East, a distance of 313.03 feet to a point for corner; THENCE South 74 degrees 30 minutes 36 seconds East, a distance of 91.37 feet to the POINT OF BEGINNING, and containing 15,360 square feet or 0.353 acres of land, more or less. Notes: (1) A plat of even survey date herewith accompanies this legal description. (2) All bearings are referenced to the project control for State Highway 121. All bearings and distances are surface. Date: April 14, 2009 Richard KennedY4 Registered Prof Texas No. 5527 Page 1 of 1 OORRONDONA & ASSOCIATES, INC 6707 BRENTWOOD STAIR RD. 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EA I� • C • • (0 >• m () 71 T-A N r rri 0 > Z 0 (.4 • CT a) N G rrl R4 OA P 4:3/44) • • • • q M&C - Council Agenda Page 1 of 2 Gity L Mann ail Cop: a Pi rurlly rens ©Tr 7Thr L.` COUNCIL ACTION: Approved on 6/9/2009 DATE: Tuesday, June 09, 2009 LOG NAME: 02PATE TRUST SUBJECT: cati REFERENCH NO.: L-14185 Authorize the Execution of a Settlement Agreement with the Pate Trust for the Acquisition of Right -of -Way and Associated Drainage, Water, Utility and Temporary Construction Easements for the Construction of a Six -Lane Road from Bryant Irvin Road to the Fort Worth and Western Railroad for Consideration of $1,000,000.00 in Cash and a Credit Against Future Traffic Impact Fees Equal to $1,800,000.00 RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Execute a settlement agreement with the Pate Trust for the acquisition of multiple property interests for the construction of a six -lane road from the Bryant Irvin Road to the Fort Worth and Western Railroad (Dirks Road Expansion) and associated drainage, water line, utility and temporary construction easements; 2. Execute the necessary documents to complete the conveyances of property interests for $1,000,000.00 in cash plus associated closing costs; and 3. Execute a Transportation Impact Fee Credit Agreement in the amount of $1,800,000.00. DISCUSSION: The Pate Trust is the owner of approximately 509 acres of vacant land composed of two tracts in the J.F. Heath Survey, Abstract 641. The property is bounded on the north by Dirks Road which connects to Bryant Irvin Road and the Fort Worth and Western Railroad on the West. The City plans to expand Dirks Road as part of the overall Southwest Parkway Project and needs property owned by the Pate Trust for both the Southwest Parkway project and the Dirks Road Expansion and is prepared to move forward with eminent domain proceedings to acquire the necessary property for this public project. The Pate Trust has agreed to sell the property to the City in settlement of the threat of condemnation and the exercise of eminent domain powers in order to take the property needed for a public use. The agreement is a settlement of eminent domain and adequate compensation claims. Under the terms of the agreement, the City will buy approximately seven acres of right-of-way and associated easements as depicted in the attached parcel descriptions Consideration for the right-of-way and easements will be $2,800,000.00 payable by the City at closing in the form of $1,000,000.00 in cash and a credit against future Traffic Impact Fees equal to $1,800,000.00. The terms of the settlement agreement will allow the City to retain adequate funding for the construction of the Dirks Road Expansion between the Southwest Parkway and Bryant Irvin Road. The City will credit against future Traffic Impact Fees attributable to the property at the time of platting or otherwise due upon building permit issuance. The fees will be assignable within the Pate Tract Boundary without the City's consent, but will expire 10 years from the closing date unless the time is extended by the City Council. The City has agreed to begin construction of the Dirks Road Expansion between the Southwest Parkway and Bryant Irvin Road no later than October 1, 2010, and complete construction (fully paved and open to http://apps.cfwnet.org/ecouncil/printmc.asp?id=11895&print=true&DocType=Preview 6/15/2011 M&C - Council Agenda Page 2 of 2 traffic) no later than December 31, 2012. If the City does not complete this section of the project by December 31, 2012, the City shall be required to pay the remaining balance of the unused Traffic Impact Fee Credits as the sole remedy to the Pate Trust for the City's failure to complete the road. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the 2007 Critical Capital Projects Fund. FUND CF=N T ERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. 02PATETRUST. pdf (Public) 2. Accounting I nfo. pdf (CFW Internal) 3. BFT 5311 & 5304.pdf (CFW Internal) 4. Dirks Parcels. pdf (Public) FROM Fund/Account/Centers C295 541100 303210000541 C295 541100 203230076841 Fernando Costa (6122) Randle Harwood (6101) Bryan Beck (7909) $750, 000.00 $250, 000.00 http://apps.cfwnet.org/ecouncil/printmc.asp?id=11895&print=true&DocType=Preview 6/15/2011