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HomeMy WebLinkAboutContract 43635CAUSE NO. 96-244220-10 DENNIS ROSE, JAMES DENNIS ROSE, BOBBIE CLARKE, AUSTIN CLARKE, JOHN CLARKE, NANCY STOGNER, AND THE HEIRS / SUCCESSORS - IN -INTEREST OF AGNUS ROSE, CLYDE COMER, NELL COMER, LUCILLE CLARKE, JACK LANGDON, DORA LANGDON, LOU STOGNER, ANDY BYRAM, AND GRACE BYRAM V. CITY OF FORT WORTH, TEXAS CIT'( SECREfARY,; cotflRACT N09.�, IN THE DISTRICT COURT 96TH JUDICIAL DISTRICT TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE 1. Parties The parties to this Compromise Settlement Agreement and Release (the "Agreement") are: 1.1 James Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose; Bobbie Clarke; Austin Ray Clarke; John Clarke; Nancy Stogner; Gayle A Maschinot; Jonel Shelton; Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers; Don Haley, as Trustee of the Don and Diane Haley 2004 Trust; Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust; and Frost Bank, Trustee of the Jack M. Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon ("Plaintiffs"); and 1.2 The City of Fort Worth, Texas ("City"). Each party has full power and authority to enter into and to carry out its obligations under this Agreement. Execution and delivery by the respective parties, and the consummation of transactions contemplated hereby have been and are duly authorized. 2. Recitals. OFFICIAL RECORD CITY SECRETARY FtWORTH,TX 2.1 Plaintiffs filed a petition against the City that is pending before the 96th Judicial District Court of Tarrant County Texas, bearing Cause No. 96-244220-10, and styled Dennis Rose, James Dennis Rose, Bobbie Clarke, Austin Clarke, John Clarke, Nancy Stogner, and The Heirs/Successors-in-Interest ofAgnus Rose, Clyde Comer, Nell Comer, Lucille Clarke, Jack Langdon, Dora Langdon, Lou Stogner, Andy Byram, and Grace Byram v. City of Fort Worth, Texas (the "Lawsuit"). 2.2 The parties to this Agreement have settled all of Plaintiffs' claims against the City asserted in the Lawsuit or that Plaintiffs could have asserted in the Lawsuit and have reached an agreement as set forth herein. 2.3 The parties to this Agreement agree this Agreement is subject to City Council approval. The Law, and Parks and Community Services Departments will recommend to the City Council acceptance and approval of this Agreement. 3. Consideration. The consideration for this Agreement consists of the mutual promises made herein and each and every act done by the parties under this Agreement. 4. Settlement Payment. 4.1 The City shall pay to Plaintiffs thirty-five percent of past bonus and royalty payments from inception of mineral production to June 30, 2012, fiom the 25.25 acres of land described in the April 22, 1981, deed filed at volume 7169, page 1967 of the Tarrant County Deed Records (the "Land") a true and correct copy of which is attached as Exhibit "A". 4.2 Contemporaneously with the execution of this Agreement, the City shall execute the Royalty Deed attached as Exhibit "B" (the "Royalty Deed"). 4.3 The City will use its best efforts to present checks payable and back-up information for the past bonus and royalties by August 31, 2012. 4 4 The City will make the payment contemplated in Paragraph 4.1 above to Plaintiffs' counsel's IOLTA Account. 4.5 At Plaintiffs' request, the City will execute any transfer orders or other documents that are necessary for lessor to make future royalty payments pursuant the terms of the Royalty Deed. 5. Full and Final Release. 2 10.1 This Agreement contains the parties' subject -matter agreement. Each part of this Agreement is intended to be severable. If any term, covenant, condition or provision hereof is illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability shall not affect the legality, validity and enforceability of the remaining parts of this Agreement. 11. Covenants, Representations, Indemnity and Hold Harmless. 11.1 The Plaintiffs covenant and represent they include all the owners of any interest in the Land that is the subject of the Lawsuit. 11.2 Plaintiffs covenant and agree to indemnify and hold harmless and defend the City, its officers, agents, servants, and employees, from and against any claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. 12. Counterparts. 12.1 To facilitate the execution of the Agreement, it may be executed in multiple signature pages; each of which shall be part of this Agreement. Execution by one person of any original shall be sufficient execution by that person, and this Agreement shall become effective when each person has signed a signature page. 13. Reliance on Information. 13.1 Each party to this Agreement has had the benefit of counsel of its own choice, has been afforded the opportunity to review this Agreement with its chosen counsel, and executes this Agreement of its own free will and accord for the purposes and consideration expressed herein. Each of the undersigned has not relied upon any statements or representations made by the other party, or any person representing the other party, other than the terms and conditions of this Agreement. Executed in multiple counterparts as of �SS? , 2012. 4 ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENT AND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST This Addendum to Compromise Settlement Agreement and Release and Release and Abandonment of Reverter Interest (this "Addendum") is entered into this 1 lth day of September, 2012 between Frost Bank (f/k/a Frost National Bank) as Trustee of the Jack M. Langdon Trust A f/b/o Clay Allison Langdon, the Jack M Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon (collectively the "Langdon Trusts") and the City of Fort Worth, Texas ("City"). WHEREAS the Langdon Trusts by and through their Trustee have simultaneously entered into a Compromise Settlement Agreement and Release (the "Agreement") and Release and Abandonment of Reverter Interest (the "Release") in order to settle the claims set forth in a petition filed against the City that is pending before the 96th Judicial District Court and styled Dennis Rose, James Dennis Rose, Bobbie Clarke, Austin Clarke, John Clarke, Nancy Stogner, and The Heirs/Successors-in-Interest of Agnus Rose, Clyde Comer, Nell Comer, Lucille Clarke, Jack Langdon, Dora Langdon, Lou Stogner, Andy Byram, and Grace Byram v. City of Fort Worth, Texas; WHFiREAS the Langdon Trusts have only agreed to enter into the Agreement and the Release so long as the revisions made herein are agreed to by the City; WHEREAS the City has agreed to modify certain provisions of the Agreement and the Release through this Addendum; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, as well as the consideration expressed in the portions of the Agreement and the Release ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENTAND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST 276246 PAGE 1 not modified hereby, the parties hereto agree to and with each other as follows, incorporating the foregoing recitals as part of said Addendum: 1. For purposes of this Addendum, all capitalized terms used but not defined herein will have the meanings given to them in the Agreement and the Release. In the event of a conflict between this Addendum and the Agreement or the Release, the terms of this Addendum will control. 2 hach of the parties hereto hereby acknowledge and agree that Section 11.1 of the Agreement is hereby deleted and replaced with the following new paragraph: Plaintiff Frost Bank (f/k/a Frost National Bank) as Trustee of the Jack M Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon (collectively the "Langdon Trusts") covenants and represents that while it has served as Trustee of the Langdon Trusts, it has not assigned, transferred, conveyed or encumbered any interest that the Langdon Trusts have in the Land save and except an agreement related to attorney's fees incurred in the Lawsuit. 3 Each of the parties hereto hereby acknowledge and agree that Section 11.2 of the Agreement is hereby deleted and replaced with the following new paragraph* Plaintiff Frost Bank (f/k/a Frost National Bank) as Trustee of the Langdon Trusts covenants and agrees to indemnify and hold harmless and defend the City, its officers, agents, servants, and employees, from and against any claims or lawsuits for damages arising from the breach of its covenant and representation contained in Section 11.1 above. 4 Each of the parties hereto hereby acknowledge and agree that Section 2 of the Release is hereby deleted and replaced with the following new paragraph* Plaintiff Frost Bank (f/k/a Frost National Bank) as Trustee of the Jack M Langdon Trust A f/b/o Clay Allison Langdon, the Jack M Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon (collectively the "Langdon Trusts") covenants and represents that while it has served as Trustee of the Langdon Trusts, it has not assigned, transferred, conveyed or encumbered any interest that the Langdon Trusts ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENTAND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST 276246 PAGE 2 have in the Land save and except an agreement related to attorney's fees incurred in the Lawsuit. 5. Each of the parties hereto hereby acknowledge and agree that Section 3 of the Release is hereby deleted and replaced with the following new paragraph: Plaintiff Frost Bank (f/kla Frost National Bank) as Trustee of the Langdon Trusts covenants and agrees to indemnify and hold harmless and defend the City, its officers, agents, servants, and employees, from and against any claims or lawsuits for damages arising from the breach of its covenant and representation contained in Section 2 above. IN WITNESS WHEREOF, the parties have executed this Addendum as of the effective date of September 11, 2012. By: By: Approved as to form and legality;tel AM\ ,- 6Me Assistant City Attorney Frost Bank, as Trustee of the Jack M. Langdon Trust A, f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon A„u inuer SJ( City of Fort Worth, Texas \ RI\ Richard Zavala, Jr. Director, Parks and Commu -ity Services Department ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENTAND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST 276246 / PAGE 3 4 1 { STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appearedDian c MM,A-ua Wr y (A i" , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Frost Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this i Z of tc'v'i--Y , 2012. • Js d.�.a4. S a -• ► JANICE M. CHRZANOWSKI tto Notary Public ► STATE OF TEXAS My Comm. Expo. OS 2$ 2014 STATE OF TEXAS COUNTY OF TARRANT (WILMA ITothry Public, State o 1 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Richard Zavala, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO B under myhand and seal of office thi f MARILYN ISAACS Wot::a-.y. Public STATE OF TEXAS My Comm. Exp . 03/00/20 t 4 +n..r a.ay. n Yw`s`aata.s.a.Y.Y. r+r.+ INrrha1/4ay.riJtit+?uNrt•l. s. a�nAlo&.. Y:f., QRE\ME, the undersigned authority, 2012. Notary Public, e of Texas ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENTAND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST 276246 PAGE 4 ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENT AND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST This Addendum to Compromise Settlement Agreement and Release and Release and Abandonment of Reverter Interest (this "Addendum") is entered into this 11th day of September, 2012 between Texas Capital Bank as Trustee of the Jack M Langdon Marital Trust B and the Dora Lee Langdon Article V Trust (collectively the "Langdon Trusts") and the City of Fort Worth, Texas ("City"). WHEREAS the Langdon Trusts by and through their Trustee have simultaneously entered into a Compromise Settlement Agreement and Release (the "Agreement") and Release and Abandonment of Reverter Interest (the "Release") in order to settle the claims set forth in a petition filed agamst the City that is pending before the 96th Judicial District Court and styled Dennis Rose, James Dennis Rose, Bobbie Clarke, Austin Clarke, John Clarke, Nancy Stogner, and The Heirs/Successors-in-Interest ofAgnus Rose, Clyde Comer, Nell Comer, Lucille Clarke, Jack Langdon, Dora Langdon, Lou Stogner, Andy Byram, and Grace Byram v. City of Fort Worth, Texas; WHEREAS the Langdon Trusts have only agreed to enter into the Agreement and the Release so long as the revisions made herein are agreed to by the City; WHEREAS the City has agreed to modify certain provisions of the Agreement and the Release through this Addendum; NOW, THhREFORE, in consideration of the mutual promises and covenants hereinafter set forth, as well as the consideration expressed in the portions of the Agreement and the Release not modified hereby, the parties hereto agree to and with each other as follows, incorporating the foregoing recitals as part of said Addendum: ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENTAND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST 276246 PAGE 1 III WI'1'N ES S WHEREOF, the parties have executed this Addendum as of the effective date of September 11, 2012. Texas Capital Bank as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust By: re"' By: Approved as to form and leQaflt 7 7 //-4) / i Lyirtit_ i / 71 tiev, Assistant eit9 Attornoy STATE OF TEXAS COUNTY OF TARRANT 1.3 Nam. kl City of & orrt Worth, Texas Richard Zavala, Jr. Director, Parks and Community Services Department BEFORE IVIE, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared ctsts-1.\--, Gcj , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this e I tie\ of Stef gv,b - , 2012. ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENTAND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST 276246 PAGE 3 tom 4 4 under my hand and seal of office thi o m a I. a a a . MARIE WILLARS My Commission Expires May 28, 2013 STATE OF TEXAS COUNTY OF TARRANT 7 M1;4) Z) Notary Pubhc, State of as BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Richard Zavala, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO B.�ORE \ME, the undersigned authority, ,KK,. „2012. Notary Public, tate of Texas MARILYN ISAACS Notary Public STATE OF TEXAS My Comm. Exp. 03/08/2014 , ADDENDUM TO COMPROMISE SETTLEMENT AGREEMENTAND RELEASE AND RELEASE AND ABANDONMENT OF REVERTER INTEREST 276246 PAGE 4 ACRE 1 ',D • By: By: By: By: By: PLAINTIFFS James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke Nancy Stogner Nancy Stogner 5 ACREhi) : By: PLAINTIFFS James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose Bobbie Clarke By: 80 Ub l iE 0—ARfc Bobbie Clarke By: By: By: Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke Nancy Stogner Nancy Stogner 5 A +J REED : By: By: By: By: By: PLAINTIFFS James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke Nancy Stogner Nancy Stogner A GREED : By: By: By: By: By: PLAINTIFFS James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose Jaynes Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke /Ar V,t(yt7 John b3rki Nancy Stogner Nancy Stogner 5 AGREED: By: By: By: By: PLAINTIFFS James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke Nancy Stogner /r By: t' C: Nance Stogne 5 By• By• By: By: By: Gayle Maschinot & i 12/Lioctumat Gay Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Nxecutor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Texas Capital Bank, as Trustee of the Jack M Langdon Marital Trust B and the Dora Lee Langdon Article V Trust By: By: By: By: Gayle Maschinot Gayle Maschinot Jonel Shelton taL91,1d. Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Texas Capital Bank, as Trustee of the Jack M Langdon Marital Trust B and the Dora Lee Langdon Article V Trust By: By: By: Gayle Maschinot Gayle Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers By:, = r .. ` k"sfri k By: By: Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Texas Capital Bank, as Trustee of the Jack M Langdon Marital Trust B and the Dora Lee Langdon Article V Trust By: By: By: Gayle Maschinot Gayle Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust By: i Don Haley, as ruste: of the Don and Dian= 004 Trust Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust By: Gayle Maschinot By: Gayle Maschinot Jonel Shelton By: Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers By: Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust By: Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust By: Acknowledgments STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared James Dennis Rose, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this / of r\ccc , 2012. STATE OF TEXAS COUNTY OF TARRANT ✓ a Do Notary Public, State of Texas § § CORI 't E MY COMMISSIONEXPIRES ;'W January 8, 2013 hi BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bobbie Clarke, known to me to be the person whose name is subscribed to the foregoing mstrurnent, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas 9 Acknowledgments STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared James Dennis Rose, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bobbie Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFO , the undersigned authority, under my hand and seal of office this ?j 1 of , 2012. v LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 aW• 4a l' gill %lily a �� Notary PubV c, - tate of Texas 9 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Austin Ray Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO UFO under my hand and seal of office this 1-2Th1 of LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 I STATE OF TEXAS COUNTY OF TARRANT ME, the un Notary Pu ic, State of Texas ersigned authority, , 2012. BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof', and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Austin Ray Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO B FORE ME, the dersigned authority, my Sunder hand and seal of office thisla' of , 2012. t.r 11• LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 Notary •ublic, State of Texas 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy Stoger, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN J BEFORE ME, the undersigned authority, under my hand and seal of office this j`t_7 of �G\Le3�-- , 2012. AMBER N. McKENZIE Notary Public State of Texas Comm. Expires 06-06.2015 STATE OF TEXAS COUNTY OF TARRANT pJ} Notary Public, State of Ttxa BEFORE ME, the undersigned authority a notary public in and for the State of Texas, on this day personally appeared Gayle Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas 11 STATE OF TEXAS i�(AnPh COUNTY OF TARRAWF Gayle, /4aSCkf) 0 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy -Stager, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. 2 SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this % 0- of 4e- , 2012. 411.-• Sty (C. MSC4tivto+' L. Nota Pub`ti'c, State of Texas STATE OF TEXAS COUNTY OF TARRANT . Is "S;141. RISE DAWN CALDWELL MY COMMISSION EXPIRES November 22, 2014 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Gayle Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas 11 STATE OF TEXAS COUNTY OF TARRANT § § Y Pv SHASTA L. WATTENBARGER NOTARY PUBLIC STATE OF TEXAS 109-29-20 9 2 COMMISSION EXPIRES: BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN T BEFORE ME, the undersigned authority, under my hand and seal of office this t1 of ''Arker , 2012. STATE OF TEXAS COUNTY OF TARRANT 1 Notary Public, State of Texas § § SHASTA L. WATTENBARGER _Q \ NOTARY PUBLIC STATE OF TEXAS i�� t, t COMMISSION EXPIRES: ; ' gg•W 09-29-201 2 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBFI'D AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas 12 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT , 2012. BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN T2 BEFORE ME the undersigned authority, under my hand and seal of office this 13 of S<r , 2012. f TRACY MIKULENCAK Notary Public State of Texas My Commission Expires AUGUST 8, 2015 Notary Public, State of Texas 12 STATE OF TEXASht\)4 § § COUNTY OF ANT § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand an d seal of office this &Ye% of 2012. okay don'', TERRI DROERMAN de kaos 4r s••ores'" Notary Public, State of Texas gt. �� ,:y My Commission Expires �0 F i 0�' September 07, 2012 STATE OF TEXAS COUNTY OF TARRANT 0 Netary Public; ate of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the salve for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of , 2012. Notary Public, State of Texas 13 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this- of , 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared frafkl_. cMpn . S 'J P , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO EFORE ME, the undersigned authority, under my hand and seal of office this 1 \ of t„5,.e ,'r' hei{ , 2012. • Notary Public, St to of Texas 13 Approved as to for)rn and legality; ey Assistant City Attorney t Frost 'rank, as Trustee of Jack M. Langdon Trust A f/b/o Clay Allison Langdon, Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon B :tt:ititc y Dien /t1diM.71Do' By: DEFENDANT City of Fort Worth Texas Richard Zavala, Jr. Director Parks and Community Services Department Y • 11, • STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Thcznt Mr-bk1u\ \NCVi (A sr , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Frost Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this iZine\ of Ccvvt-G92 K , 2012. y ,,, ..r ,,,,,. JAN E M. CMRZANOWSKI Notify Public STATE OF TEXAS My Comm. Exp. 06-26 - 2014 64,4414-1 NotarPublic, State of T�s BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Richard Zavala, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEF under my hand and seal of office thy, o 53.2 MARILYN ISAACS Notary Public STATE OF TEXAS My Comm. Exp. 03/08/2014 M , the, undersigned authority, Notar = ub i •_ tate of Texas 14 2012. - • AT -El OF ATE_ -COUNTY:= OP':" TARRANT • fr- ..a-tLIAt'�iY;. 4.21 __ _ -' -IT2t L\LYLVQ -. ALL- T`1LLN a -:. '-co. li Y' THESE:-PRESE14T --- - _• !.'JI Jam• T_we, Dennis, R;. ,_P\ose, _ joined_ by. -Wife ,-[Agnes•-Rose- Clyde .,'" j.oineil iiy_ W fal Nell =:Gomel"; - Lu-ci°11e�:W::"Clarke us t itt _Ray, . Clarke,; _ a. ebb,i_e =Helen',. Clarke j=oiled by=Wife .Georgia-TamesClar-kE -an " ot: Tarrant Ceurity" -:- bra: =Lee--f an -goon usb-and Iriri -Stogrier_; rain; j dined, by..WiEe e: City= of ;to ;us ranted , >s o -CONVY:-unto"=the--_Cty2_ USE =AS PARK `-LA ood ;Colin srke Stogner; _Grayson: "_Ai ounty -_:Texas; "-arfdy i1 County;1, _Texas ;:°for:' ;a Muni:=cip.al'=Corporatsori,_,;Have';-= Ylese:,preserits=;GRANT.;: s _-;su_ccessors_ an'd;,ass gns ,: =those' certain: lots , tracts"; or. `parcels_=ay ng- :: in the_-Colinty,_of:;.Tarrant: and ,State _:of Texas;:,and,-being :d'es"cribed==as'- follows:- -_ -=:"-`_- :_-"" "_all""an A11St f t";L rtairi=-tract,- or parcel, of: land .descr'_ibed _ __ in"=a `dee-dt:from'_CS Ai; -=Duneari,-•Jr` ;toT;Dennis :I:: Rose- _recorded in°' Volume =_69•19 ;:r at; _P"age; 2072--; ;of ;:the`,: Deed_= _of -Records" =of. ;Tar-rant=Courify ` Texas"; =arid, cciitairizng-,_ -;2-5 25` acres ; of 11arid _mare -HAVES-AND-'TO:-HOhD;th.e'`ab Ve das.cribed;Lip rem ses aoget.her:-cattr s ngula"r e _sights""and,<-appurtenances :the:gab°;:in= anywise' eTonging Unto the'_acid„G-it-- of_=Port ;Worth ;. its ,suceassbts==and .assxgns,' orever ' `And we do "he_reby rb nd" ourselves , our heirs , exetutors =;- - adminratrators;:-andassigns-to warrant and forever defend,-a11" and singular;; -. _the said premises unto -the said City of Fort A,Tor.th, its - 1 1 `success;ors,.- add, assigis,. against every person whomsoever lawfully el.aimfraa ng:=or, to claim the. ,same or any part thereof, FOT;J_;nWI.---G, 'that, in the event the above described property' is not" deve1oped`into or used as .park lands, this conveyance slial;l be NULL- _ ;Y and_:VOID -and the said land shall revert to grantors , or- our-" Heirs .xecut_ors;.admini.strators or assigns, and no act or omission: by any:-. SUBJECT TO THI-; of :hem.•Shall:-be a waiver of the operation or condition. enforcement=-c2'such TRUE -AND CORRECT COPY OF ORIGINAL RECORD FILED Its TARRANT COUNTY, TEXAS ' SUZANNE HENDER,SON, COUNTY•iThi, EXHIBIT A iiinuazzattisiszt-,ay.-46•. • . .' Witness our hands=ont"22� -- - - =_-:=Dennis: • ,Cycue' _===-Luc lle_- :Rose •__ _ _ _="AgnKA `Rose t ,, r ' C1=ark --- _ '.. - - --.L< 2 . - - - -' ck: Ms _Langdon .. _ _- • ram` f • • • 7 — -- P-a,--5,- -,_;--__---__--_-' ,-_-,:i-.;:_-_,-:---:-_c_ci--,,T, ,,,.... . _. _ - • • If 77.7 • • a. • tr • 77 ttt IC i EC • L. • • • • _-_ v.r runno--__ - y-- _---_ - - - --_ ': COUNTY"OF =TARr RA37T - :,,§ `,. _ _ - = BEFORE- -.p, l 'tine _. uc a-- • t - `- -_ r _riCi sisne aU �.:�OY,T ,� f,jl day r exs -a �111-T ;appeared-_ Dennis f R - Rose: and_ .Agn== ee_ Rose-, ' known- to ,to --,:to ;be'. the whos ;persons e_ names are:.=subsciiued =''.to :t]ie _foregoing. iristrurnent;_ and acknowledged_' to mi?"='that : t2fey__executed-' }ie ;dame fnr ?the =purpcses an deratign. ,ther_eiri - expr`e'ssed. __ ;__-; _(GIVEN: UNDER ;MY -HAND -AND:-SEAli="OF OFFICE; -a STATE''OFTEX ^`C.QPNTY� OF'`_TARRANT, - BRFUKE M) t --the ' • • - ▪ • • uriders`gfed=aut}oY:_ty;- on:=atits' day r he ,personally -11 __ _: • appeared_- Clyde 7 , ._Comer- --and••rNell,,, Comer, f known.;, to __me :_to. .be_ 5-the - , -- _ - -_ -persons .wBosef14riames.„-aze`_auUsori:Th d sto`; the ';_foreoin =instrument,-" and • ; 9 9_ _ a_ - acknowledged j_to •me -;'t iat=:tli_ey.ce a-O ita • _'the_aatne = for- ltliet iurposes :arid ==. " :r" �'' corisideratigiitherein 'axp'ressed= :: '°_.."_; _ - - - r- -- :::GIVEN` UNDER'MY =1.101D>.AND-r' iEAL=:OF.-OF}? ICL rd STATE': 0E-TUXA5 _ • " BEFORE _ME; - -the"`-utidersignedbh-this;': • ay, of ry=.-Publicz_in and;.�Eoa- ar'rant'7-iount' Texas. _-. ▪ • • yf:per sonalIS/ •-_. known_. to..me. to, be--=t"he= pcYsori ".whose, name - gilbSOribed_' €6,--(i11[6'4=;foregoing,=inshrumenE., and ackii-byledcje l to one that ▪ '`s}ie �icecuted= _the ; saiiie_ ;le or ,the "purposes and =- consider tlon ', r` • here"n`_expressed;`_,, . ' ; • - GIVEN --UNDER ,MY -"_HAND; -AND. SEAL' OF,-UF•PICE; t'ia s ,_the. %;- ., i y ':.l'RUEANO CORRWCTCUPV Ur .S.,t7RteiNAGI ECQ(,D, FILED 1N TARRANT-COUN1Y, TEXAS ' SUZANNE HENDERSON, COUNTY CLER[{ ay_=of:. -Notary -Public. -in and -for Tarratit:_County,_ Texas-- +;.;L1:168 P4Ck j966 = • L. hullo STATE Ot'-TEXAS • COUNTY- •AF'.` -TAth ANT -:,:BEEORE<.'ME,r •ths_,=undersigned ;aut7iorit};,--=on is -;..day " _ day persona e; -`known ,tb :me to;' be: the _name as --Subscr bed":to:;the fforeegoi"ng<;anst_rument -and ' Th.:_`irie:, _that ,-shes•-;.ekegeted'tlie 'same _1.or .the"-_ parproses, a tYfese ri ek ressed s` -- - - ; -" _ _ P- 0F.-OFFICE GIVEN;'-UNDER-.MY;HAND,_A SZgTE =OF COUNTY; ;OFF .TARRAN ?BEFORE. • .appeared: Austzn :R %_C1"a'rkl and Georgia:-J_a`mes;= "CIar-ke; ` 'known: °e- • persons :o nrwhse_ -Haines,° are. s Uscribed"toth -e , fo egging _-�.nstramen autho"r_ty; on this. _i a - .-] _•_7, _ e. 'pu'rZSoses= _ _-`cone_ eratign_ therein =;.expressed: ZV_EN. UNDER .MY HAND -,-AND SEAL"; pp =OFFICE_ =: _ -' : ':. - - .- ; d�==,� ��-ram✓ ,' _-Nota'ry'-P,ubiic ;=Tar_r41ito' C.;0 nty; Texa=s • • e,:=4. ndeteigned ap eared`;Jvlin tl,- c].arke;-„=}-n•c�wn, to me to be the person _who iitthe_ `i • subscribea»to -the, foregoing -ir str-unient, , and acknowledged rto •ine he = eXecut .-the ,same -'tor-.the -p4tpOse5 and cons deraZ-iOfl _ thecelll TRUE AND.CORRECT COPY Or . ORIGINAL RECORD FILED IN TARRANT COUNTY, TEXAS " SUZANNE HENO RSON, oOt` d XE Ei " i?i _ -i_ • • a r s*• - . • r.; • • . . • • • • • ATE` OF TEXAS -fir • • _ COUNTY OP (jib OD. _ ': - r - ersigned.Jautlior:ty,_t}is da ,. -and-Dora Lee_> angdori, =kriotvn.ao` me a =. ._ •• _ T - = = o "be -ttie ersons- :Whose nafi@s' Yare subscribed' to.- ` e _" - - the fgiegoin-g-in,st-rument - - cknowledged to _me that: tficy=,'excuted .the same ,for "the =: nd " t , uses '- �-- � , _ __� � ll ;AND:=5EAli'-,OF= OFFICE,�=rEjis `=,the'•::�t,.%'=� •ice:_= __ - _ -_ --- -_ - _ o-:.._•- • If v • • • otaiy-,-Public in . - __ _ - ;CI - _ - `- -- -• _, "Hood' Co" ' . = and:: -r==_ urity, GKAYSON `,_ 46mti Nancy: ---• -kT stof'ne - __._- _3_ �--.and��hon"`'S,tognzr • =_=L�e"rsons wltise''names',:- arey"=subscribe:,'-d==_th _ -- -- e _P, acknov�ledi ed-to-=arie.•- -- e = _ _-_ �3_ that:=they=;:executed3 cons derati on the ` - - _ - _ = xesn ex{�res§ed: GIVEN = UNDER'==MY ,HAND AND--SEAL4.- .0 = - _ _ _ _ E OrFICE',;:'t}}i"s,=`the ; star (Pitt-4 �� y"Puh7 is ;=in =:and._=1;or- (P_t-4yon= County; • • • _ - TY=OF.-- = _sf% _ - = - wt L3�;1 ORE "ME :. =li = = . _' . __ e,=.undorsigneG authority,_;=ori- .this'`.da • ' e _ - -• - _ - _ _••- Y-. p__rsonal,ly -- apPea dt:J-ndy. M. _-Byrej am' drill=:-R: 'grace = _ __•- _ _ Bpram,, -known ; to' me : to be , _the., _erons+,wlzase _ riatas ; are;''subscri -" -_ lied= to: -'the foregoing�=inst-rument ;=-and�� • . .seknowledged=to. ine- that :the -. -_ _ _ y executed the _ same _ £or trie ; pgroses_ _rid _c`ohsidarati�ri there n _'expressed; _-"_ • _ -• • _ " :: • __< • 'GIVN.UNDEa MY:,,HA_ ND -AND. SEAL.:oF oFF:[CE;'• this .. the _---- , P' • '- �`.�'_:,.. ;`•" day of.. • • • • • - • H' U CQRBECT COPY_ OR11,11NAL'RECQRD-FlLEO tN-- T'F RAIIT C©UNTYF.TEXAF "; '- +oNF.-HOIPER,SON.GOUNii" 4-1 tliis',,aay;' p nOuin=. to!'nie SQDa1-ly- -fortego—i-rig==Yas•trument ,_ arid: _ lie,-_same„"for; tiie purposes, and '_"`'_- -- "_ • - -" VGL-l16j.PAOE 6E tiiSta,•A_ • Act et • ”etfiti - _consideration_:the rein=:expressed: __ _" - „Tr _GIVEN U _ ._•__: .�.. III,, .4„1.ffri r. go re g(pT i icei i(T i gthYsIttan _i rwig_r _ tturomtH Qfie`sri'�atthaiimestnmped_ OECORDEO in_ihi Nshied_-- -- iiii:0 KiraiiS 14 eon 6y OW GRUE MO "CORRECT -COPY i • 'ORIGINAL REGQRQEILED 1N- _° = TARRANTCQUNTYAXA$ SOZANNE HENPERSf »1.L • ; • NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS COUNTY OF TARRANT § ROYALTY DEED KNOW ALL MEN BY THESE PRESENTS: This Royalty Deed (this "Rovaliv Deed") is made and entered into to be effective for all purposes as of the 1st day of August, 2012 (the "Effective Date' ), by and among THE CITY OF FORT WORTH, whose address for these purposes is 1000 Throckmorton Street, Fort Worth, Texas 76102 ("Grantor"), on the one hand, and JAIMES DENNIS ROSE, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF DENNIS R. ROSE, whose address for these purposes is 6801 Brants Lane, Fort Worth, Texas 76116; BOBBIE CLARKE, whose address for these purposes is C/O Ms. Nancy Stogner, 328 Legend Lane, Sherman, Texas 75092; AUSTIN RAY CLARKE, whose address for these purposes is 6490 Fortune Road, Fort Worth, Texas 76116; JoHN CLARKE, whose address for these purposes is 6804 Kirk Drive, Fort Worth, Texas 76116; NANCY STOGNER, whose address for these purposes is 328 Legend Lane, Sherman, Texas 75092; GAYLE A. MASCHINOT, whose address for these purposes is 1212 Oak Valley, Denton, Texas 76209; JONELL SHELTON, whose address for these purposes is 2709 Elm Branch Ct., Bedford, Texas 76021; BURT HAMMERS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF LESLIE HAMMERS, whose address for these purposes is 402 Deep Wood Drive, Georgetown, Texas 78628; DON HALEY, AS TRUSTEE OF THE DON AND DIANE HALEY 2004 TRUST, whose address for these purposes is 2257-C Lombardy Lane, Dallas, Texas, 75229; TEXAS CAPITAL BANK, AS TRUSTEE OF THE JACK M. LANGDON MARITAL TRUST B AND THE DORA LEE LANGDON ARTICLE V TRUST, whose addresses for these purposes is c/o Frank A. Glispin, Texas Capital Bank, 2000 McKinney Avenue, Suite 700, Dallas, Texas 75201; and FROST BANK, AS TRUSTEE OF' rim JACK M. LANGDON TRUST A F/B/O CLAY ALLISON LANGDON, HIE JACK M. LANGDON TRUST A F/B/O LEE KENDALL LANGDON, TIIE DORA LEE LANGDON ARTICLE IV TRUST F/B/O CLAY ALLISON L 1NGDON, AND THE DORA LEE LANGDON ARTICLE IV TRUST F/B/O LEE KENDALL LANGDON, whose address for these purposes is c/o Joan Mason, Frost Bank, 4200 South Hulen, Suite 230, Fort Worth, Texas 76109 (collectively, "Grantee"). NOW, THEREFORE, Grantor, in consideration of good and valuable consideration paid by Grantee, the teceipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee an undivided thirty-five percent (35%) Exhibit B of Grantor's right, title and interest in and to all royalties under any oil and/or gas lease attributable to that certain 25.25 acre tract more particularly described on EXHIBIT A attached hereto and for all purposes incorporated herein (the ' Subject Lands"), in the following proportions: Grantee: James Dennis Rose, Individually, and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke Austin Ray Clarke John Clarke Nancy Stogner Jonell Shelton Gayle Maschinot Burt Hammers, Individually, and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Frost Bank, as Trustee of the Jack M. Langdon Trust A f/b/o Clay Allison Langdon Frost Bank, as Trustee of the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon Texas Capital Bank, as Trustee of the Jack M Langdon Marital Trust B Texas Capital Bank, as Trustee of the Dora Lee Langdon Article V Trust Frost Bank, as Trustee of the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon Frost Bank, as Trustee of the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon Grantee's Prorata Share: 44.43% 4.17% 4.17% 4.17% 4.17% 11.11% 3.7% 3.7% 3.7% 3.125% 3.125% 2.08% 4.35% 2.00% 2.00% TOTAL: 100% TO HAVE AND TO HOLD such conveyed royalties unto Grantee and Grantee's successors and assigns forever, and Grantoi hereby binds Grantoi, and Grantor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular the conveyed royalties unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The parties hereto acknowledge and agree that this Royalty Deed is only intended to be a conveyance of the above -described royalties, and Giantor shall retain, and hereby reserves, all other rights, titles and interests not expressly conveyed herein, including, without limitation, the exclusive tight to enter into any future oil gas and/or mineral leases covering all or any portion of the Subject Lands. Exhibit B All taxes, including, without limitation, excise taxes, state severance taxes, ad valorem taxes and any other local, state and/or federal taxes attributable to the conveyed royalties prior to the Effective Date hereof remain the responsibility of Grantor. All such taxes attributable to the conveyed royalties at and after the Effective Date hereof are the responsibility of Grantee, and Grantee shall reimburse Grantor for any such taxes previously paid by Grantor. This Royalty Deed is subject to all of the terms and conditions of all oil, gas and/or mineral leases, pooling agreements or other agreements existing as of and after the Effective Date hereof, whether recorded or unrecorded, covering the Subject Lands or any portion thereof, and including any amendments thereto. By its execution of this Royalty Deed, Grantee hereby authorizes Grantor and/or its mineral lessee(s) to pool or unitize the Subject Lands with other land or lands and neither the joinder nor consent of Grantor shall be required in connection with any such pooling or unitization. This Royalty Deed is also made subject to any and all restrictions, covenants, conditions, reservations and conveyances of record, if any, applicable to the conveyed royalties. This Royalty Deed shall extend to and be binding upon the parties hereto and their respective heirs, successors and/or assigns. IN WITNESS WHEREOF this Royalty Deed is executed by Grantor as of the date of the acknowledgement below, but shall be EFFECTIVE for all purposes as of the Effective Date first stated above. [remainder of page intentionally left blank] Exhibit B GRANTOR: THE CITY OF FORT WORTH By:�``��•/ Riclard Zavala, Jr. Director Parks and Community Services Department APPORVED AS TO FORM AND LEGALITY By: Theodore P. Gorski, Jr. Assistant City Attorney S FA I E OF TEXAS COUNTY OF TARRANT § § f i ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this da) personally •appeared Richard Zavala, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideiation therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN T$ .BEFORE ME, the undersigned authority, under my hand and seal of office this S-. clay St. 2012 MARILYN ISAACS Notary Public STATE OF TEXAS Notary Pubfc, Se of Texas eefs`' My Comm. Exp. 03/08/2014 Exhibit B STATE OF TEXAS COUNTY OF § LLkCt.it" § GRANTEE: By: 1.� IES DENNIS ROSE, INDIVIDUALLY AND A. INDEPENDENT EXECUTOR OF THE ESTATE OF DENNIS R. ROSE ACKNOWLEDGMENT • • asetwovailvemillmila CORI SPENCE MY COMMISSION EXPIRES January 8, 2013 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day petsonrilly appeared James Dennis Rose, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority, under my hand and seal of office this $1 i day of ) i Z C �,�t.1�; , 2012. Notary Public, St9QATVC..-SAL ate of Texas Exhibit B GRANTEE• By: IObi 1 r ri,4 k I30BBIE CLARICE ACKNOWLEDGMENT STA FE OF TEXAS COUNTY Oflhi alint- BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bobbie Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWQIZN TO Pt FORE ME, the undersigned authority, under my hand and seal of office this j t day of (t� k C i , 20 . `\ LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 Notary Publ'c, State of Texas Exhibit B GRANTEE• By: Aus rtN RAY CLARKE ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF kf S BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personllly appeared Austin Ray Claike, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BF ORE ME, tie undersi_ne hand and seal of office this c ] l day of UtL' , 201 0 LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp Aug. 16, 2016 j ) Notary Public, State of Texas thority, under my Exhibit B STA FE OF TEXAS COUNTY O( ("y 4 GRANTEE' By: ilia I`,1,nfiN �1,tc ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jolul Clarice, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO WORE ME, the undersigned authority, under my hand and seal of office this '. day of !QL , 2112 Afars LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 I ..,..n• -:v,.-+arm J Notary Public, State of Texas Exhibit B GRANTEE: By: '( 6- 7t e NANcY STO(if ER ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy Stogner, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the foregoing document that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this ;) day of IA ,(.91,( `j , 2012. AMBER N. McKENZIE Notary Public State of Texas Comm. Expires 06.06-2015 ,1 /' >%-{ i0e7 ?i , e, Notary Public, State of Texas • Exhibit B GRANTEE By:C c2Y) GAYLE A ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF Deft le. IAsc1JINOT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Gayle A Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she srbned the foregoing document that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE MF, the undersigned authority, under my hand and seal of office this 3 i day of _� �r1�s�- , 2012. SM MY COMMISSION DAWN SS CALDWELL ION EXPIRES .,;f o,; November 22, 2014 /,u, s/ Notary ate of Texas Exhibit B STATE OF TEXAS l COUNTY OFla� GRANT EE• c p MQiPL7' l�J2JBy: �.r1 JONLi SHELTON ACKNOWLEDGMENT A E 4 SHASTA L WATTENBARGER NOTARY PUBLIC STATE OF TEXAS COMMISSION EXPIRES: 09-29-2012 i +sssrsrrfrs.wwf.tyssfrrsr. BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the foregoing document that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same tor the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND VORN TO 1.EFORE ME, the undersigned authority, under my hand and seal of office this Kith day o ' C7fl bet , 2012. tu Notary Public, State of Texas Exhibit B STATE OF TEXAS § COUNTY OF Gv/CC it)/r>.ui GRANTEE• BURY IIAMM .RS, INDIVIDUALLY AND AS EXECUTOR OF TUIE ESTATE OF LESLIE I-IAIUNILRS ACKNOWLEDGMENT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, •after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this day of J&=pTcrn,30c.. , 2012. ROSEMARY BUCCA Notary P S rubs of Rime Mg Commission ecims APRIL 20, 2010 `, 1 d edii eett-f te./ AWL_ Notaryy Public, Sty-e of Texas Exhibit Q GRANTEE• r1 By: /t �.lr,�'� (1 YY,i DON HALEY, AS TRUSTEE OF TI-IFON AND DIANE HALEY 2004 TRUS' ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF�-�-'AS BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose narne is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this �.V*-?' day of r , 2012. TERRI BROERMAN Notary Public, State of Texas My Commission Expires September 07, 2012 Notary PublicStag of Texas Exhibit B STATE OF TEXAS COUNTY OF I >d,1C1� § § GRANTEE• TEXAS CAPITAL BANK By: Pri t Title: a\C_ Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust ame: ACKNOWLEDGMENT BEFORE ME, the undersi ned authority, a notary public in and for the State of Texas, on this day personally appeared _�,� (.,li.cimn , C>/P , known to me to be the person whose name is subscribed to the foregoing mstruinent as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same tor the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWtORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this �(t`of $CQV,n\k>Q,," , 2012. V \\55i �SiN/(r/�"•iiii . •sZTARV,o 04,'t i G�•y • • n• • • uA • • • • .t Z `i�r2015 1�, 1!1115N\\` 41110 Notary Public, StateLof Texas Exhibit B GRANTEE FROST BANK By: > �� n Printed Name. trA Title: Trustee of the Jack M. Langdon Trust A f/b/o Clay Allison Langdon, the Jack M Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF a rran r § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared 1O tan C., M./a-h A- uW W it l Cd I-E i , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Frost Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this ►c.1Y\ of c `"l" "wibti, 2012. JANICE M. CHRZANOWSKI Notary Public - STATE OF TEXAS My Comm. Exp. 08.2E-2014 n • 2r 5043 2 Ndtary Public, State o exas NJ Exhibit B • Jr 1- } RELEASE AND ABANDONMENT OF REVERTER INTEREST THE STATE OF TEXAS COUNTY OF TARRANT This release and abandonment of reverter interest ("Release and Abandonment" is executed to be effective as of the 2Said• day of 2012 (the "Effective Date"), by James Dennis Rose, Indivi . ually, and as Independent Executor of the Estate of Dennis R. Rose; Bobbie Clarke, Austin Ray Clarke; John Clarke; Nancy Stogner; Gayle A Maschmot; Jonel Shelton; Burt Hammers, Individually, and as Executor of the Estate of Leslie Hammers; Don Haley, as Trustee of the Don and Diane Haley 2004 Trust; Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust, and Frost Bank, Trustee of the Jack M Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/blo Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon (the "Plaintiffs") and the City of Fort Worth, Texas (the "City"). WHEREAS, under that certain Gift Deed to the City of Fort Worth dated April 22, 1981, and filed of record on August 17, 1981, in Volume 7168, Page 1964, Deed Records, Tarrant County, Texas (the "Deed " copy attached as Exhibit "A"), Dennis R. Rose, joined by wife, Agnes Rose, Clyde Comer, joined by wife Nell Comer, Lucille W. Clarke, Bobbie Helen Clarke, Austin Ray Clarke, joined by wife Georgia James Clarke, and John H. Clarke, all of Tarrant County, Texas; Jack Langdon, joined by wife Dora Lee Langdon, of Hood County, Texas, Nancy Clarke Stogner joined by husband Lou Stogner, of Grayson County, Texas, and Audy M. Byram joined by wife R. Grace Byram, of Dallas County, Texas as owners of all that certain tract or parcel of land described in a deed from C. A. Duncan, Jr. to Dennis R. Rose, recorded in Volume 6919, at Page 2072 of the Deed Records of Tarrant County, Texas, and containing 25.25 acres of land, more or less, conveyed to the City of Fort Worth, Texas the 25.25 acres of land, more or less, (the "Land"); and WHEREAS, the Deed to the City contained a reverter clause that stated, `(I)n the event the above described property is not developed into or used as park lands, this conveyance shall be NULL and VOID and the said land shall revert to Exhibit C grantors, or our heirs, executors, administrators or assigns, and no act or omission by any of them shall be a waiver of the operation or enforcement of such condition.' (the "Restriction"), and WHEREAS, James Dennis Rose, Individually, and as Independent Executor of the Estate of Dennis R. Rose, Bobbie Clarke, Austin Ray Clarke, John Clarke, Nancy Stogner, Gayle A Maschinot, Jonel Shelton, Burt Hammers, Individually, and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust, Texas Capital Bank, as Trustee of the Jack M Langdon Marital Trust B and the Dora Lee Langdon Article V Trust, and Frost Bank, Trustee of the Jack M Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon (the "Plaintiffs") sued the City of Fort Worth in Case No. 96-244220-10, and styled Dennis Rose, James Dennis Rose, Bobbie Clarke, Austin Clarke, John Clarke, Nancy Stogner, and the Heirs and Successors -in -Interest to Agnes Rose, Clyde Comer, Nell Comer, Lucille Clarke, Jack Langdon, Dora Langdon, Lou Stogner, Andy Byram, and Grace Byram, Plaintiffs, v. City of Fort Worth, Texas, Defendant (the "Lawsuit"), and claimed the conveyance of the Land was "null and void" and the interest of the City had reverted to the Plaintiffs "because the [City] had failed to develop and use the property as park lands within a reasonable time."; and WHEREAS, Dennis Rose, Leslie Hammers, and Diane Haley died during the litigation; and WHEREAS, the Plaintiffs and the City mediated and settled the Lawsuit; and WHEREAS, as part of the settlement, the Plaintiffs agreed to release the Land from the Restriction on the terms and conditions set forth in this Release and Abandonment. NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, Plaintiffs agree as follows: 1. Plaintiffs hereby release, abandon, and discharge the Land from the Restriction and agree that, as of the Effective Date, the Land shall no longer be encumbered or affected by the Restriction in any way. 2. Plaintiffs covenant and represent they include all the owners of an interest in the Land. claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By: By: By: By: PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Ros James Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke • claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By• By: By. By: PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke -Rog° al E a ttylc- Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By: By: By: By: PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray arke John Clarke John Clarke 3 claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By: By: By: By: PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke Nancy Stogner By: 1% `-Nancy S By: By: By• By• Gayle Maschinot Gayle Maschmot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Nancy Stogner Nancy Stogner Gayle Maschinot et /4,04 Ga e Maschino Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust 4 w s • By: By: By: By: By: Nancy Stogner Nancy Stogner Gayle Maschinot Gayle Maschinot Jonel Shelton 3610MAJ nel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust By: Bye By: By: Nancy Stogner Nancy Stogner Gayle Maschinot Gayle Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Le ie mmers Burt . mmers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust 4 Nancy Stogner Nancy Stogner Gayle Maschinot Gayle Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee i f the Don and Diane a el 004 Trust 4 By: Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust • Frost National Bank, as Trustee of Jack M Langdon Trust A, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon CITY OF FORT WORTH By: Richard Zavala, Jr. Director, Parks and Community Services Department 5 By: By Approved as to for and legalit Assistant City Attorney 5 Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust Frost Bank, as Trustee of Jack M. Langdon Trust A f/b/o Clay Allison Langdon, Jack M Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon i i atme, nctad "n CITY OF FORT WORTH By: 'chard Zavala, Jr. erector, Parks and C Services Department unity • Acknowledgments STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared James Dennis Rose, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signmg it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFOR iVIEE, the undersigned authority, under my hand and seal of office this of 2012. 1 STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas CORI SPENCE MY COMMISSION EXPIRES Janus/ye, 2013 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bobbie Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas 6 • STATE OF TEXAS COUNTY OF TARRANT Acknowledgments BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared James Dennis Rose, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bobbie Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE authority, under my hand and seal of office this 2012. `"Y • LINOSAY EVANS `;, Notary public Notary ublic, State of Texas STATE OF TEXAS My Comm. Exp Aug. 16, 2018 the ndersigne STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Austin Ray Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, thpndersigned authority, under my hand and seal of office this 2) ` of 2012. LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp Aug. 16, 2016 STATE OF TEXAS COUNTY OF TARRANT Notary Pub ic, State of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas . STATE OF TEXAS COUNTY OF TARRANT § § § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Austin Ray Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas § § § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigne authority, under my hand and seal of office this a l of 2012. LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp Aug. 16, 2016 Notary Public, State of Texas 7 . STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy Stoger, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this 30 of 2012. AMBER Ny McKENZiE n , 7b L Ali Notar Public (��l j"l State of Texas Comm. Expires 06.06-2015 Notary Pubhc, State of xas STATE OF TEXAS COUNTY OF TARRANT • BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Gayle Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas 8 STATE OF TEXAS COUNTY OF TARRANT § § § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy Stoger, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and m the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. STATE OF TEXAS Oevd n COUNTY OF TARRANT Notary Public, State of Texas § § § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Gayle Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE_ VIE the undersigned authority, under my hand and seal of office this 31-of 2012. *,Y Gayle Ntascki nol- RISE DAWN CALDWELL MY COMMISSION EXPIRES November 22, 2014 Nota Publ%e, State of Texas , 8 §TATE OF TEXAS COUNTY OF TARRANT SHASTA L. WATTENBARGER NOTARY PUBUC STATE OF TEXAS cor.a$ •JwMI : 09-29-2012 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORFAlE authority, under my hand and seal of office this CB) o 2012. STATE OF TEXAS COUNTY OF TARRANT undersigned .bunattept:, Notary Public, State of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas 9 . STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFOMME, th and rsigned authority, under my hand and seal of office this of 1- 2012. �;► le.4••.• TRACY MIKULENCAK � Notary Public. State of Texas • + _ ' Z Ay Commission Expires -,:1Sar AUGUST 8, 2015 • r Notary Publ'c, State of Texas 9 • • STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this (..1-PN of 'St ektyrlt x - , 2012. ���u�u ,��;�"'!4,., TERRI BROERMAN . Notary Public, State of Texas ,� ``�� �� My Commission Expires .0 ��;ro September o�, zoi 2 Notary Publi to of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas I0 TATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared ricsjytk.. GI i _ 5 v P , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under mx�lipnd seal of office this ► j'+� of Sep\ -ems-. , 2012. `���•?:3�lyQgi��i `�� • • •.• NOTARyAG��pti$ • G• Si 2 • = J� . • '•., •..••' Notary Public, Sta of Texas nistosittO I0 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public m and for the State of Texas, on this day personally appeared MGttic. M ikabkLUn'4 t t- , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Frost Bank, and who, after being duly sworn upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authonty, under my hand and seal of office this li ' of Se-0 ewe,%-/ , 2012. ,. A a massiAAAAAWAsso is 1, JANICE Y. CIIRZANOWSKI NoSip Public STATE OF TEXAS Illy Coma Exp' 4 STA1'h OF TEXAS COUNTY OF TARRANT U PM Public, Stato exas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Richard Zavala, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, t ►unde igned authority, under my hand and seal of office this, o� 2012. .7 MA,RIIYN ISMCS Notary Public Notary PtthI1c STATE OF TEXAS My Comm. Exp. Q310812014 11 ate of Texas M&C Review Page 1 of 2 DATE: COUNCIL ACTION: Approved on 9/11/2012 9/11/2012 REFERENCE NO.: CODE G Official site of the City of Fort Worth, Texas FORT WORTII **G-17659 LOG NAME 80ROSESETTLEMENT PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Settlement of Claims Against the City in Dennis Rose, et al. v. City of Fort Worth, Texas, Case No. 96-2144220-10, Tarrant County, Texas (COUNCIL DISTRICT 4) TYPE: RECOMMENDATION: It is recommended that the City Council: 1. Approve the below -described proposed settlement of the claims arising from the lawsuit brought by Dennis Rose and others against the City; 2. Authorize payment to the Rose plaintiffs of 35 percent of all past collected revenues including bonus and royalties for the prorated portion of the 25.25 acres within Gateway Park from inception to June 30, 2012, approximately $235,200.00 of the $671,605.00 amount collected from inception on the 25 25 acres; 3. Authorize payment to the Rose plaintiffs 35 percent of all future royalty revenues received by the City for the 25.25 acres in return for a full release of the Rose plaintiffs' reverter interest and full release of the City from all Rose plaintiffs' past and future real or asserted claims to the property; and 4. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement, to receive the conveyance and to record the appropriate instruments. DISCUSSION: The purpose of this Mayor and Council Communication is to authorize a Settlement of Claims Against the City in Dennis Rose, et al. v. City of Fort Worth, Texas The Rose plaintiffs sued the City to recover the 25.25 acres donated in 1981 for Gateway Park The donation deed contained a reverter clause. Under the reverter clause, the land would revert to the Rose heirs if the property was not "developed into or used as parkland". The lawsuit claims the City failed to use or develop the 25.25 acres within a reasonable time The City has used the land for several typical passive -park uses since donation in 1981 when the property was accepted by the City and dedicated as parkland (M&C L-6941, April 14, 1981). After lengthy discovery, the City filed a summary -judgment motion. After the court denied the motion, the parties participated in court -ordered mediation. At the end of the mediation, the parties agreed to settle the case on the following terms: 1. The City will pay the Rose plaintiffs 35 percent of all past collected revenues including bonus and royalties for the prorated portion of the 25.25 acres within Gateway Park from inception to June 30, 2012 (approximately $235,200 of the $671,605 amount collected from inception on the 25.25 acres). 2. The Rose plaintiffs will be paid 35 percent of all future royalty revenues received by the City for the 25.25 acres. 3. The Rose plaintiffs will execute and deliver a full release of the reverter clause and release the City from all past and future real or asserted claims to the property. 4. Each party will bear its own expenses. The Parks and Community Services Department and the Office of the City Attorney recommend http://apps.cfwnet.org/council_packet/mc_review.asp?ID=17314&councildate=9/11/2012 9/25/2012 M&C Review Page 2 of 2 settlement of the case on these terms and approval of the settlement. Approval of the settlement should not be construed as an admission of a breach of the reverter clause by the City or its officers agents and employees. In fact, any such breach of the clause is specifically denied. Consequently, the settlement is entered into only to avoid further time consuming and potentially costly litigation. The properties are located in COUNCIL DISTRICT 4, Mapsco 64Y and 78C. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the Risk Managment Fund. TO Fund/Account/Centers FROM Fund/Account/Centers FE71 534050 0137120 $235,200.00 Submitted for Citv Manager's Office bv: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS http://apps.cfwnet.org/couneil_packet/me Jeview.asp?ID=17314&eouncildate=9/11/2012 9/25/2012 WRITER'S TELEPHONE AND E-MAIL (817) 392-7627 Ted.Gorski@fortworthtexas.gov DATE: TO: FROM: FORT WORTH MEMORANDUM December 3, 2012 Ronald P. Gonzales Assistant City Secretary Theodore P. Gorski, Jr. Department of Law SUBJECT: City Secretary Contract No. 43635 WRITER'S FAX (817) 392-8359 On October 2°d by agreement, I temporarily traded out the original of Exhibit C to the compromise settlement agreement and release (Contract No. 43635) for an exact copy. The trade out was needed so the City could close the transaction and file the originally signed release in the deed records. The transaction has closed. I received the filed Exhibit C for inclusion in the compromise settlement agreement and release. It is attached for inclusion in the contract. In addition, I attach the royalty deed that is also filed in the deed records. I ask that you place it with the contract file, or if you think it is better exchange it for the place holding Exhibit B in the compromise settlement agreement and release. Also, I enclose a copy of the title policy, cover letter, a metes and bounds survey, and survey plat for safe keeping. Thank you for your time and attention to this filing. November- 30, 2012 0A14. iliki Alamo Title Company A member of Fidelity National Financial HAND DELIVERED Mr. Ted Gorski Assistant City Attorney 1000 Throckmorton Fort Worth, TX 76102 • Re: Rose Family transaction — Gateway Park Our file no. AT0000038540-LSK Dear Mr. Gorski: Enclosed please find the electronic Owner's Policy of Title Insurance, the original recorded Royalty Deed, the original recorded Release and Abandonment of Reverter Interest and 3 original full size copies of the survey with 2 copies of the metes and bounds done by Crystal D. Harris. Please let me know if you need anything further with regard to this file. I appreciate the business and look forward to closing other projects with you. ery t.0 y y6us, 1u avonne'S. Keith Escrow Officer /enc. 2900 South Hulen, Ste. 30 • Fort Worth, TX 76109 • (817) 370-7393 • Fax (817) 370-6131 ALAMO TITLE INSURANCE POLICY NO.: O-AT0000038540 FILE NO.: ALDALI8-AT0000038540 OWNER'S POLICY OF TITLE INSURANCE (T-1) Issued by Alamo Title Insurance Any notice of claim and any other notice or statement in writing required to be given the Company under this P olicy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS S UBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN S CHEDULE B, AND THE CONDITIONS, ALAMO TITLE INSURANCE a Texas corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9, and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from. - a defect in the Title caused by (i) forgery, fraud undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. (d) Any statutory or constitutional mechanic's, contractor's, or materialman's lien for labor or materials having its inception on or before Date of Policy 3. Lack of good and indefeasible Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting regulating, prohibiting, or relating to: (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. FDTX0646.rdw Owner's Policy T-1 Jacket (Covered Risks) POLICY NO.: O-AT0000038540 FILE NO.: ALDALI8-AT0000038540 OWNER'S POLICY OF TITLE INSURANCE (T-1) (continued) 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7 The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge 9. Title being vested other than as stated in Schedule A, or being defective: (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy state insolvency or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii)- - to impart- notice- of its- existence to a purchaser for value or a judgment or lied -creditor: 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. oaninteL( c`\l2bL o,lL___. By: Authorized Officer or Agent Alamo title lfnsurance ay Jinitk(a FDTX0646.rdw Owner's Policy T-1 Jacket (Covered Risks) ALAMO TITLE INSURANCE PO Box 45023 Jacksonville, FL 32232-5023 OWNER'S POLICY OF TITLE INSURANCE T-1 SCHEDULE A File Number: ALDAL18-AT0000038540 Policy Number: O-AT0000038540 Address for Reference only: Gateway Park Fort Worth, Amount of Insurance: $ 240,785.00 Date of Policy: October 3, 2012 at 01:35 PM Premium. $ 1,595.00 1. Name of Insured. City of Fort Worth, a municipal corporation 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is insured as vested in: - City of Fort Worth, a municipal corporation 4. The Land referred to in this policy is described as follows: Being situated in the John Lynch Survey, Abstract No. 942 and the P.T. Welch Survey, Abstract No. 1642, Tarrant County, Texas, and being a portion of Block 1, Gateway Park Addition, according to plat recorded in Cabinet A, Slides 3-4, Plat Records of Tarrant County, Texas, and being that certain tract of land called 25.25 acres in the deed from Dennis R Rose, Et al to the City of Fort Worth, executed April 22, 1981 recorded in Volume 7168, Page 1964 of the Deed Records of Tarrant County, Texas, said tract being further described as Tract No. 2 in the Quitclaim Deed from C.A. Duncan, Jr. to Dennis R. Rose, executed March 25, 1975, recorded in Volume 6919, Page 2072 of the Deed Records of Tarrant County, Texas more particularly described by metes and bounds as follows: BEGINNING at a 1" iron rod found (control monument) in the north right-of-way line of Interstate Highway No. 30, variable width right-of-way (also known as East Freeway and Tom Landry Highway) at its intersection with the common survey line of said Welch Survey and the Enoch Johnson Survey, A-852, Tarrant County, Texas, being the southeast corner of said Tract No. 2 the northeast corner of Parcel 1-79 deeded to The Texas Turnpike Authority in Volume 2919, Page 522 of the Deed Records of Tarrant County, Texas; THENCE: with said north right-of-way line, South 56 degrees 05 minutes 32 seconds West, (directional control line) 1,044 05 feet to a 1' iron rod found (control monument) at the beginning of a non -tangent curve having a radius of 5,490 0 feet per said plat; THENCE with said curve to the right through a central angle of 13 degrees 27 minutes 51 seconds an arc length of 1,290 11 feet the chord bears South 63 degrees 15 minutes 29 seconds West, 1,287.15 feet to a 3/4' iron rod found for the southeast corner of Block 2 of said Gateway Park Addition, being the southwest corner of said Tract No. 2 from which a 1" iron rod found at the end of said curve bears an arc length of 776.74 feet the chord of which bears South 74 degrees 14 minutes 19 seconds West, 776.09 feet; THENCE: departing said right-of-way line and partially along an easterly line of Block 2, NORTH, 106.0 feet to the center of the West Fork Trinity River; THENCE: northeasterly generally along the meanders of said river the following six courses and distances: Owner's Policy of Title Insurance (T-1) (05/01/08) FDTX0622.rdw (Schedule A) File Number: ALDAL18-AT0000038540 Policy Number. O-AT0000038540 N orth 61 degrees 32 minutes 56 seconds N orth 41 degrees 54 minutes 59 seconds N orth 14 degrees 22 minutes 24 seconds N orth 29 degrees 57 minutes 45 seconds N orth 63 degrees 55 minutes 21 seconds N orth 33 degrees 23 minutes 06 seconds East, 416.0 feet; East, 320.0 feet; East, 403.0 feet; East, 349.0 feet; East, 725.0 feet; East, 189.82 feet; THENCE: along the northerly line of said Tract No. 2, North 89 degrees 05 minutes 33 seconds East, at 193.68 feet passing a 5/8' iron rod set for reference in a fence line with a red plastic cap stamped 'City of Ft. Worth Survey Division", continuing in all 397.68 feet to a 5/8" iron rod set with a red plastic cap stamped "City of Ft. Worth Survey Division" lying on said common survey line of said Welch Survey and said Johnson Survey, being the northeast corner of said Tract No. 2; THENCE: with said common survey line, South 00 degrees 54 minutes 27 seconds East, at 499.68 feet passing a 1" iron rod found being an interior ell corner of said Block 1, continuing in all 557.0 feet to the Place of Beginning, and containing 26 33 acres of land. N OTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT Owner's Policy of Title Insurance (T-1) (05/01/08) FDTX0622.rdw (Schedule A) SCHEDULE B File Number: ALDALI8-AT0000038540 Policy Number: O-AT0000038540 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of the terms and conditions of the leases and easements, if any, shown in Schedule A, and the following matters: 1. The following restrictive covenants of record itemized below (The Company must either insert specific recording data or delete this exception): Recorded in Volume 7168, Page 1964, Deed Records, Tarrant County, Texas but omitting any covenant or restriction based on race, color religion sex handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons. 2. Shortages in area. 3. Homestead or community property or survivorship rights, if any, of any spouse of any insured. (Applies to the Owner Policy only.) 4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays gulfs or oceans, or b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government or c. to filled -in lands, or artificial islands, or d. to statutory water rights, including riparian rights, or e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner Policy only.) 5. Standby fees, taxes, and assessments by any taxing authority for the year 2012, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. 6. The following matters and all terms of the documents creating or offering evidence of the matters (The Company must insert matters or delete this exception.): a. Rights of parties in possession. (Owner Policy Only) b. All leases, grants, exceptions or reservations of coal lignite, oil, gas and other minerals together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. c. Rights of tenants in possession, as tenants only, under unrecorded lease agreements. d. Oil, Gas and Mineral Lease, together with all rights incident thereto. Lessor: City of Fort Worth Lessee: Dale Resources, L.L.C. Dated: February 24, 2005 Recording No.: Clerk's File No D205068294, Deed Records, Tarrant County, Texas, amended in instrument recorded under Clerk s File No. D206045841, Deed Records, Tarrant County, Texas Said mineral interest not traced subsequent to the date of the above -cited instrument. FDTX0415.rdw Owner's Policy of Title Insurance (T-1) (05/01/08) Schedule B SCHEDULE B (Continued) File Number ALDAL18-AT0000038540 Policy Number: O-AT0000038540 e. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Old Ocean Fuel Company Recording Date: April 25, 1960 Recording No Volume 3436, Page 543, Deed Records, Tarrant County, Texas, affected by instrument recorded in Volume 3515, Page 537, Deed Records, Tarrant County, Texas and as noted and shown on Survey dated October 25, 2012, by Crystal D. Harris, Registered Professional Land Surveyor No. 6157 f. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication on the map of said tract/plat; P urpose: Utility Easement Affects: 15 South and 50' South Recording No: Cabinet A, Slides 3-4 and as shown on Survey dated October 25, 2012, by Crystal D. Harris, Registered Professional Land S urveyor No. 6157 g. Any rights, interests or claims which may exist or arise by reason of the following matters disclosed and as shown b ysurvey_ dated October 25, 2012, by Crystal D. Harris,_ Registered Professional Land- Surveyor No, 6157 Matters shown: S ewer Easement per Texas Turnpike Authority R.O.W. Map; Drainage Easement #1 per Texas Turnpike Authority R.O.W. Map ; and Energy Transfer 20 Natural Gas Transmission Line; along south boundary h. Any adverse claim based upon the assertion that: a) Said Land or any part thereof is now or at any time has been below the highest of the high watermarks of West Fork Trinity River, in the event the boundary of said West Fork Trinity River has been artificially raised or is now or at any time has been below the high watermark, if said West Fork Trinity River is in its natural state. FDTX0415.rdw b) Some portion of said Land has been created by artificial means or has accreted to such portion so created. c) Some portion of said Land has been brought within the boundaries thereof by an avulsive movement of West Fork Trinity River, or has been formed by accretion to any such portion. Owner's Policy of Title Insurance (T-1) (05/01/08) Schedule B SCHEDULE B (Continued) File Number: ALDALI8-AT0000038540 Policy Number: O-AT0000038540 The Company shall have no liability for, nor responsibility to defend, any part of the Land against any right, title, interest or claim (valid or invalid) or any character had or asserted by the State of Texas or by any other Government or Governmental Authority or by the public generally (1) in and to portions of the Land which may be within the bed, shore or banks of a perennial stream or lake navigable in fact or in law or within the bed or shores or the beach adjacent thereto of a body of water affected by the ebb and flow of the tide; and (2) in and to portions of the Land which may be between the waters edge and the line of vegetation on the upland or for any claim or right for ingress thereto or egress therefrom. Any titles or rights asserted by anyone including, but not limited to persons, the public, corporations, governments or other entities; (a) to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays gulfs or oceans, or (b) to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or (c) to filled -in lands, or artificial islands, or (d) to statutory water rights, including riparian rights, or (e) to the area extending from the line of mean low tide to the line of vegetation, or the rights or interests of access to that area or easement along and across that area. j. Section 14 of the Conditions of this policy is hereby deleted. k. Interest in and to all coal, lignite, oil, gas and other minerals, and all rights incident thereto, contained in instrument dated August 1, 2012, recorded October 3, 2012 at D212244779; re recorded November November 7, 2012 of the Official Records of Tarrant -County; -Texas -Reference -to which -instrument -is here made for particulars. No further search of title has been made as to the interest(s) evidenced by this instrument, and the Company makes no representation as to the ownership or holder of such interest(s). FDTX0415.rdw Owner's Policy of Title Insurance (T-1) (05/01/08) Schedule B 1. DEFINITION OFTERMS. The following terms when used in this policy mean: (a)-- "Amount -or Insurance"t ttre amount- stated- in sow -dam -A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or de- creased by Sections 10 and I 1 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company or other similar legal entity. (d) "insured": the insured named in Schedule A.. (i) T'he term "insured" also includes: (A) successors to the Title of the insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, 2. distribution or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title: (1) If the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, It' the grantee wholly owns the mmned Insured, if the grantee is wholly -owned by an affiliated Entity of 3, the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) If the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C) and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured Claimant": an Insured claiming loss or damage. "Knowledge" or "Known": actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": the land described in Schedule A, and affixed improvements that by law constitute real property. 'the term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by Policy No. O-AT0000038540 File Number: AT0000038540-ALOALiB EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by ref of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to: (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Con Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Loured Claimant and not disclosed in writing to the Company the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws that the transaction vesting the Title as shown in Schedule F (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 6. The refusal of any person to purchase, lease or lend money on the estate or interest covered hereby in the land described in Schedule A because of Unmarketable Title. CONDITIONS (2) (3) law. (i) "Public Records": records established under state statutes at Date Policy for the purpose of imparting constructive notice of ma relating to real property to purchasers for value and with Knowledge. With respect to Covered Risk 5(d), "Public Records" sl also include environmental protection liens tiled in the records of clerk of the United States District Court for the district where the L is located. "Title": the estate or interest described in Schedule A. "Unmarketable Title": 'title affected by an alleged or apparent math that would permit a prospective purchaser or lessee of the 'Title or lends on the Title to be released from the obligation to purchase, lease or lend there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE. The coverage of this policy shall continue in force as of Date of Policy in fan of an insured, but only so long as the insured retains an estate or interest in 1 Land, or holds an obligation secured by a purchase money Mortgage given b; purchaser from the Insured, or only so long as the Insured shall have liabil by reason of warranties in any transfer or conveyance of the 'Title. This poli shall not continue in force in favor of any purchaser from the Insured of either an estate or interest in the Land, or (ii) an obligation secured by a purcht money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The Insured shall notify the Company promptly in writing (i) in case of ar litigation as set forth in Section 5(a) below, or (ii) in case Knowledge sha come to an Insured hereunder of any claim of title or interest that is advert to the 'title, as insured, and that might cause loss or damage for which if Company may be liable by virtue of this policy. If the Company is prejudice by the failure of the Insured Claimant to provide prompt notice, the Company liability to the Insured Claimant under the policy shall be reduced to the extei of the prejudice. When, after the Date of the Policy, the Insured notifies the Company t required herein of a lien, encumbrance, adverse claim or other defect in Tit insured by this policy that is not excluded or excepted from the coverage this policy, the Company shall promptly investigate the charge to determir whether the lien, encumbrance, adverse claim or defect or other matter valid and not barred by law or statute. The Company shall notify the Insured : writing, within a reasonable lime, of its determination as to the validity invalidity of the I nsured's claim or charge under the policy. If the Compan concludes that the lien, encumbrance, adverse claim or defect is not covert by this policy, or was otherwise addressed in the closing of the transaction i connection with which this policy was issued, the Company shall specificall advise the Insured of the reasons for its determination. If the Compar concludes that the lien, encumbrance, adverse claim or defect is valid, tt Company shall take one of the following actions: (i) institute the necessar (1) (k) 2739843 (2/10) Owner's Policy of Title Insurance T-1 (2/01 / 10) Pobcy'No; O-AT0000038540 File Number. AT0000038540-ALDAL18 proceedings to clear the lien, encumbrance, adverse claim or defect from the 'title as insured; (ii) indemnify the Insured as provided in this policy; (iii) upon payment of appropriate premium and charges therefor, issue to the Insured Claimant or to a subsequent owner, mortgagee or holder of the estate or interest in the Land insured by this policy, a policy of title insurance without exception for the lien, encumbrance, adverse claim or defect, said policy to he in an amount equal to the cut -rent value of the Land or, if a loan policy, the amount of the loan; (iv) indemnify another title insurance company in connection with its issuance of a policy(ies) of title insurance without exception for the lien, encumbrance, adverse claim or defect; (v) secure a release or other document discharging the lien, encumbrance, adverse claim or defect; or (vi) undertake a combination of (i) through (v) herein. 4. PROOF OF LOSS. In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSEAND PROSECUTION OFACTIONS. (a) Upon written request by the Insured, and subject to the options contained in Sections 3 and 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses _incurred_ by__the Insured .in_the _defense_ of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Sections 3 and 7, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terns of this policy, whether or not it shall he liable to the insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE. (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall temninate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, emails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all of these records in the custody or control of a third designated as confidential by the Insured Claimant provided to I Company pursuant to this Section shall not be disclosed to otht unless, in the reasonable judgment of the Company, it is necessary in t administration of the claim. Failure of the Insured Claimant to subr for examination under oath, produce any reasonably request information or grant permission to secure reasonably necesst information from third parties as required in this subsection, unit prohibited by law or governmental regulation, shall terminate a liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIi TERNIINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the followi additional options: (a) To Pay or Tender Payment of the Amount of tnsumnce. '1'o pay or tender payment of the Amount of Insurance under this polic' together with any costs, attorneys' lees and expenses incurred by lht Insured Claimant that were authorized by the Company up to the time o payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations o the Company to the Insured under this policy, other than to make the paymen required in this subsection, shall terminate, including any liability o obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or W the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name o an Insured Claimant any claim insured against under this policy. I addition, the Company will pay any costs, attorneys' fees ant expenses incurred by the Insured Claimant that were authorized b: the Company up to the time of payment and that the Company is obligated to pay; or (ii) to pay or otherwise settle with the Insured Claimant the loss o damage provided tor under this policy, together with any costs attorneys' fees and expenses incurred by the Insured Claimant tha were authorized by the Company up to the time of payment and tha the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for it subsections (b)(i) or (ii), the Company's obligations to the Insured under thi: policy for the claimed loss or damage, other than the payments required to IN made, shall terminate, including any liability or obligation to defend, prosecuu or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damagt sustained or incurred by the insured Claimant who has suffered loss o damage by reason of matters insured against by this policy. The extent of liability of the Company for loss or damage under tt policy shall not exceed the lesser of: (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the val of the'[ isle subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 3 or 5 and is unsuccessl in establishing the Title, as insured: (i) the Amount of Insurance shall be increased by 1O%; and (ii) the Insured Claimant shall have the right to have the loss o damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company wil also pay those costs, attorneys' fees and expenses incurred it accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the Title, or removes the alleged defect, liet or encumbrance, or cures the lack of a right.of access to or from the Land all as insured, or takes action in accordance with Section 3 or 7, in ; reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligation: with respect to that matter and shall not be liable for any loss or damagt caused to the Insured. (b) in the event of any litigation, including litigation by the Company or wit, the Company's consent, the Company shall have no liability for loss o damage until there has been a final determination by a court of competen jurisdiction, and disposition of all appeals, adverse to the Title, a: insured. (c) The Company shall not be liable for loss or damage to the Insured Co liability voluntarily assumed by the Insured in settling any claim or sui without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION ( LIABILITY. All payments under this policy, except payments made for costs, attome' (a) Policy No O-AT0000038540 Flo Number AT0000038540-ALDALIB fees and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE. The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule 13 or to which the Insured has agreed, assumed, or taken subject or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS. When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT. (a) Whenever the Company shall have settled and paid a claim under this policy, it shall he subrogatcd and entitled to the rights of the Insured Claimant in the 'title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARI3ITRATION. -Either the -Company -or the- Insured-maydemand-lharth —claim-Or controvcrgy shall be submitted to arbitration pursuant to the 'title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached to it by Company is the entire policy and contract between the Insured and Company. In interpreting any provision of this policy, this policy shall construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or any action asserting such claim, shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing ; authenticated by an authorized person, or expressly incorporated Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part this policy and is subject to all of its terms and provisions. Except as t endorsement expressly states, it does not (i) modify any of the terms a provisions of the policy, (ii) modify any prior endorsement, (iii) extend t Date of Policy or (iv) increase the Amount of Insurance. Ea Commitment, endorsement or other form, or provision in the Schedul to this policy that refers to a term defined in Section 1 of the Conditio shall be deemed to refer to the term regardless of whether the term capitalized in the Commitment, endorsement or other form, Schedule. Each Commitment, endorsement or other form, or provision in the Schedul that refers to the Conditions and Stipulations shall be deemed to refer to t Conditions of this policy. 16. SEVERAI3ILITY. In the event any provision of this policy, in whole or in part, is held inval or unenforceable under applicable law, the policy shall be deemed not to inclu that provision or such part held to be invalid and all other provisions shall rema in full force and effect. 17. CHOICE OF LAW; FORUM. (a) Choice of Iaw: The Insured acknowledges the Company h underwritten the risks covered by this policy and determined the premiu charged therefor in reliance upon the law affecting interests in rc property- and- applicable - to -- the- interpretation,- rights,- remedies - enforcement of policies of title insurance of the jurisdiction where t Land is located. Therefore, the court or an arbitrator shall apply the IL of the jurisdiction where the Land is located to determine the validity claims against the Title that are adverse to the Insured, and in interpretii and enforcing the terns of this policy. In neither case shall the court arbitrator apply its conflicts of laws principles to determine the applicat law. (b) Choice of Forum: Any litigation or other proceeding brought by t Insured against the Company must be tiled only in a state or federal cot within the United States of America or its territories having approprit jurisdiction. 18. NOTICES, WHERE SENT. Any notice of claim and any other notice or statement in writing required he given the Company under this Policy must he given to the Company National Claims Administration, PO Box 45023 Jacksonville, FL 32232-5023 IMPORTANT NOTICE To obtain information or make a complaint: You may call Alamo Title Insurance's toll -free telephone number for information or to make a complaint at: 800-442-7067 You may also write to Alamo Title Insurance at: Attn: Claims Department 8750 North Central Expressway, #950 Dallas, TX 75231 You may contact the Texas Department of Insurance to obtain information on companies coverages, rights or complaints at: 800-252 3439 You may write the Texas Department of Insurance: PO Box 149104_ Austin, TX 78714 512-475-1771 Web: http://www.tdi.state tx.us E mail: CansurnerProtection@tdi,sfate,tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a oart or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis Compania de Sequros de Titulo de Alamo Title Insurance's para informacion o para someter una queja al: 800-442-7067 Usted tambien puede escribir a Compania Seguros de Titulo de Alamo Title Insurance: Attn: Claims Department 8750 North Central Expressway, #950 Dallas, TX 75231 Puede comunicarse con el Departarnento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 800-252-3439 Puede escribir al Departarnento de Seguros de Texas: PO Box 149104 Austin, TX 78714 512-475-1771 Web: http:/lwww.tdi.state.tx.us E maiC ConsumerProtection a&tdi.state.tx-us DISPUTAS SOBRE PRIMAS a RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclarno, debe comunicarse con el la cornpaniat prirnero. Si no se resuelve la disputa, puede entonces comunicarse con el departameito (TDij. UNA ESTE AVISO A SU POLIZA' Este aviso es solo para proposito de informacion y no se convierte en parte o condreron del document° adjunto. FDTX0630.rdw Electronically Recorded Official Public Records Oft � ciA t. <<ta ary Louise Garcia Electronically Recorded Orflcoai Public Reccnds 047,44-0.4 it„ Submittec ACS NOTICE OF �-I`t ENTI ,LITY RIGHTS: IF YOU ARE A NATURAL PERSON) YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. \sr Tarrant County Texas 11 /7;201212:41 PM D212276416 PGS 181 $84.00 Submitter: ACS STATE OF TEXAS COUNTY OF TARRA1\1T ti 5 Tarrant County Texas 10/3/2012 1,35 PM D212244779 PGS 15 $72.00 RE:PILED ROYALTY DEED ALAMO 'mu COMPANY OF air. L.ca ocEW `U O KNOW ALL MEN 13Y THESE PRESENTS. This Royalty Deed (this "Royalty Deed") is made and entered into to be effective for all purposes as of the 1st day of August, 2012 (the Whcttve Dote"), by and among THE CITY OF FORT Wotrrut, whose address for these purposes is 1000 Throckinorton Street. Fort Worth, Texas 76102 ("Grantor'), on the one hand. and JAMES DENNIS ROSE, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF DENNIS R. ROSE, whose address for these purposes is 6801 Brants Lane, Fort Worth, 'Texas 76116: BODDIE CLARICE, whose address for these purposes is Cl0 Ms. Nancy Stouter. 328 Legend Lane, Sherman, Texas 75092; AUSTIN ltn' CLtRIKE, whose address for these purposes is 6490 Fortune Road, Fort Worth, Texas 761 16; JOHN CLARKE, whose address for these purposes is 6804 Kirk Drive, Fort Worth, Texas 76116; NANCY STOGNER, whose address for these purposes is 328 Legend Lane. Sherman, Texas 75092; GAYLI: A. iV1ASCHJNOT, whose address for these purposes is 1212 Oak Valley, Denton, Texas 76209; JUNELL SHELTON, whose address for these purposes is 2709 Elrn Branch Ct., Bedford, Texas 76021; Bottle HAMMERS, INDIVIDUALLY AND AS EXECUTOR or THE ESTATE OF LESLIE HAMMERS, whose address for these 'imposes is 402 Deep Wood Dnve, Georgetown, Texas 7862S; DON HALEY, AS TiUUSTE[; OF THE DON AND MANE HALEY 2004 TRUST, whose address for these purposes is 2257-C Lombardy Lane, Dallas. Texas, 75229; TEXAS CAPITAL BANK, AS TRUSTEE OF TIIG JACK [VL LANGDoiv MARITAL TrujsT 1 AND THE DORA LEE LANGDON ARTICLE V TttusT, whose addresses for these purposes is c/o Frank A Glispin, Texas Capital Bunk, 2000 McKinney Avenue, Suite 700, Dallas, Texas 75201; and FitOST BANK, As TRUSTEE OF THE JACK P4. LANGDON TRUST A FM/0 CLAY ALLISoN LANGDON, THE JACK M. LANGDON Titus°r A Iqu/o LEE IKENDALL LANGDON, THE DORA LEE LANGDON ARTICLE IV TRUST F/o/o CLAY ALLISON LANGDON, AND THE DoRA LEE LANGDON Alt? leis IV TRUST i</I3/O LEE ICENDALL LANGDON, whose address t'or these purposes is c/o .loan Mason. Frost Bank, 4200 South Hulen. Suite 230, Fort Worth, Texas 76109 (collectively, "Grantee"). NOW. THEREFORE. Grantor, in consideration of good and valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, BARGArNED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto (Jrantee an undivided thirty-five percent (35%) This Deed is being refiled for the sole purpose of attaching the legal description which was omitted from the original g10,.October 3, 2012, in D212244779, all other terms and conditions remain unchanged . NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ALAMO TITLE COMPANY GF �LDhLJ8 R10038Q STATE OF TEXAS § COUNTY OF TARRANT § ROYALTY DEED KNOW ALL MEN BY THESE PRESENTS: This Royalty Deed (this "Royalty Deed") is made and entered into to be effective for all purposes as of the 1st day of August, 2012 (the "Effective Date"), by and among THE CITY OF FORT WORTH, whose address for these purposes is 1000 Throckmorton Street, Fort Worth, Texas 76102 ("Grantor"), on the one hand, and JAMES DENNIS ROSE, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF DENNIS R. ROSE, whose address for these purposes is 6801 Brants Lane, Fort Worth, Texas 76116; BOBBIE CLARKE, whose address for these purposes is C/O Ms. Nancy Stogner, 328 Legend Lane, Sherman, Texas 75092; AUSTIN RAY CLARKE, whose address for these purposes is 6490 Fortune Road, Fort Worth, Texas 76116; JOHN CLARKE, whose address for these purposes is 6804 Kirk Drive, Fort Worth, Texas 76116; NANCY STOGNER, whose address for these purposes is 328 Legend Lane, Sherman, Texas 75092; GAYLE A. MASCHINOT, whose address for these purposes is 1212 Oak Valley, Denton, Texas 76209; JONELL SHELTON, whose address for these purposes is 2709 Elm Branch Ct., Bedford, Texas 76021; BURT HAMMERS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF LESLIE HAMMERS, whose address for these purposes is 402 Deep Wood Drive, Georgetown, Texas 78628; DON HALEY, AS TRUSTEE OF THE DON AND DIANE HALEY 2004 TRUST, whose address for these purposes is 2257-C Lombardy Lane, Dallas, Texas, 75229; TEXAS CAPITAL BANK, AS TRUSTEE OF THE JACK M. LANGDON MARITAL TRUST B AND THE DORA LEE LANGDON ARTICLE V TRUST, whose addresses for these purposes is c/o Frank A. Glispin, Texas Capital Bank, 2000 McKinney Avenue, Suite 700, Dallas, Texas 75201; and FROST BANK, AS TRUSTEE OF THE JACK M. LANGDON TRUST A F/B/O CLAY ALLISON LANGDON, THE JACK M. LANGDON TRUST A F/B/O LEE KENDALL LANGDON, THE DORA LEE LANGDON ARTICLE IV TRUST F/B/O CLAY ALLISON LANGDON, AND THE DORA LEE LANGDON ARTICLE IV TRUST F/B/O LEE KENDALL LANGDON, whose address for these purposes is c/o Joan Mason, Frost Bank, 4200 South Hulen, Suite 230, Fort Worth, Texas 76109 (collectively, "Grantee"). NOW, THEREFORE, Grantor, in consideration of good and valuable consideration paid by Grantee, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents does hereby GRANT, BARGAIN, SELL and CONVEY unto Grantee an undivided thirty-five percent (35%) Exhibit B of Grantor's right, title and interest in and to all royalties under any oil and/or gas lease attributable to that certain 25.25 acre tract more particularly described on EXHIBIT A attached hereto and for all purposes incorporated herein (the ` Subject Lands"), in the following proportions: Grantee: James Dennis Rose, Individually, and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke Austin Ray Clarke John Clarke Nancy Stogner Jonell Shelton Gayle Maschinot Burt Hammers, Individually, and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Frost Bank, as Trustee of the Jack M Langdon Trust A f/b/o Clay Allison Langdon Frost Bank, as Trustee of the Jack M Langdon Trust A f/b/o Lee Kendall Langdon Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B Texas Capital Bank, as Trustee of the Dora Lee Langdon Article V Trust Frost Bank, as Trustee of the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon Frost Bank, as Trustee of the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon Grantee's Prorata Share: 44.43% 4.17% 4.17% 4.17% 4.17% 11.11% 3.7% 3.7% 3.7% 3.125% 3.125% 2.08% 4.35% 2.00% 2.00% TOTAL: 100% TO HAVE AND TO HOLD such conveyed royalties unto Grantee and Grantee's successors and assigns forever, and Grantoi hereby binds Grantoi, and Grantor's successors and assigns, to WARRANT and FOREVER DEFEND, all and singular the conveyed royalties unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. The parties hereto acknowledge and agree that this Royalty Deed is only intended to be a conveyance of the above -described royalties, and Giantor shall retain, and hereby reserves, all other rights, titles and interests not expressly conveyed herein, including, without limitation, the exclusive light to enter into any future oil gas and/or mineral leases covering all or any portion of the Subject Lands. Exhibit B All taxes, including, without limitation, excise taxes state severance taxes, ad valorem taxes and any other local, state and/or federal taxes attributable to the conveyed royalties prior to the Effective Date hereof remain the responsibility of Grantor. All such taxes attributable to the conveyed royalties at and after the Effective Date hereof are the responsibility of Grantee, and Grantee shall reimburse Grantor for any such taxes previously paid by Grantor. This Royalty Deed is subject to all of the terms and conditions of all oil, gas and/or mineral leases, pooling agreements or other agreements existing as of and after the Effective Date hereof, whether recorded or unrecorded, covering the Subject Lands or any portion thereof, and including any amendments thereto. By its execution of this Royalty Deed, Grantee hereby authorizes Grantor and/or its mineral lessee(s) to pool or unitize the Subject Lands with other land or lands and neither the joinder nor consent of Grantor shall be required in connection with any such pooling or unitization. This Royalty Deed is also made subject to any and all restrictions, covenants, conditions, reservations and conveyances of record, if any, applicable to the conveyed royalties. This Royalty Deed shall extend to and be binding upon the parties hereto and their respective heirs, successors and/or assigns. IN WITNESS WHEREOF this Royalty Deed is executed by Grantor as of the date of the acknowledgement below, but shall be EFFECTIVE for all purposes as of the Effective Date first stated above. [remainder of page intentionally left blank] Exhibit B hand and seal of office thiday MARILYN ISAACS Notary Public STATE OF TEXAS My Comm. Exp. 03/08/2014 GRANTOR: THE CITY OF FORT WORTH By: Ri and Zavala, Jr. Director Parks and Community Services Department APPORVED AS TO FORM AND LEGALITY By: Theodore P. Gorski, Jr. Assistant City Attorney ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Richard Zavala, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN T S , : EFRE ME, the undersigned authority, under my 2 012 . Notary Pudic, S to of Texas • ........ . \• .. .... .. .. .. ... \ . .. .. \. .. \.\. \ . .. ..... .. ., •... 1/4 Exhibit B GRANTEE By J. IES DENNIS ROSE, INDIVIDUALLY AND A'` INDEPENDENT EXECUTOR OF THE ESTATE OF DENNIS R. ROSE ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF __j MASJv\ § CORISPENCE MY COMMISSION EXPIRES January 8, 2013 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared James Dennis Rose, known to me to be the person whose name is subscribed to the foregoing mstrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME the undersigned authority, under my hand and seal of office this 1-day ofi(� h✓ , 2012. Notary Public, Sta e of Texas Exhibit B GRANTEE: By: BOBBIE CLARKE ACKNOWLEDGMENT STATE OF TEXAS § COUNTY Orar((vnt- § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bobbie Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SW ��RN TO BtFFORE ME, the undersigned authority, under my hand and seal of office this 3 1,, day of L9L&Oylk � , 20 LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 .! 4. • Notary Pu ' c, State of Texas Exhibit B GRANTEE: By: afatal /7AZ' AUSTIN RAY CLARICE ACKNOWLED GMENT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Austin Ray Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED ANDSWORN TO BE ORE ME, t e undersi:neOtsuthority, under my hand and seal of office this ?j day of U , 201 LINDSAY EVANS Notary Public STATE OF TEXAS = My Comm. Exp. Aug. 16, 2016 ; 1,1 I �d! 9 • II:f! I �i Notary Public, State of Texas Exhibit B GRANTEE: B ACKNOWLEDGMENT STATE OF TEXAS § COUNTY Ortai(puS§ BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO B FORE ME, the undersigned authority, under my hand and seal of office this 3 k day of , 2112 e-t LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 it 1" 41. isa i 1111 i„ -• Lb ILI Notary Public, State of Texas Exhibit B GRANTEE: By: '7 et' 91' ei'r/t.., NANCY STOCKER ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy Stogner, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my day of hand and seal of office this <�) ftxcjus C.,, 2012. AMBER N. M*KENZIE Notary Public State of Texas Comm, Expires O6-O6-2015 • ra2, koki, Notary Public, State of Texas • Exhibit B GRANTEE: By: a J9Zwohvxot GAYLE AASCHINOT ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF DeAttfan BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Gayle A. Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this �� '� day of Alt $�- , 2012. ,ft11119$g itroz- RISE DAWN CALDWELL MY C OMMISSION EXPIRES November 22, 2014 1 Notary Ora blic, _ .te of Texas Exhibit B hand and seal of office this STATE OF TEXAS COUNTY OF la rraii GRANTEE: By: '_`IHi) JON D SHELTON ACKNOWLEDGMENT SHASTA L. WATTENBARGER * 1 .*: NOTARY PUSUC STATE Of TEXAS 4.5 OA io 1 COMMISSION EXPIRES: seFSl iE+�'+09-29-201 2 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the foregoing document that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND VORN TO BIEFORE ME, the undersigned authority, under my ' 1 in day o./14of , 2012. Notary Public, State of Texas Exhibit B GRANTEE: BURT HAMM RS, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF LESLIE HAMMERS ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF 6t/rrSort BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this (9 day of t.,1o,fiffi ,3UK.. , 2012. ROSEMARY BUCCA` Mew PO% State d APRIL 20, 2018 1 iteamit-IM J /�c Notai9 Public, S,t e of Texas Exhibit B GRANTEE: By: i •Avicri/�� DON HALEY, AS TRUSTEE OF THF/DON AND DIANE HALEY 2004 TRUS ACKNOWLEDGMENT STATE OF TEXAS § 6 § COUNTY OF �u'flS § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this Aake'n day ofSsupeatt , 2012. TERRI BROERMAN Notary Public, State of Texas My Commission Expires September 07, 2012 1 I • Notary Public�Sta of Texas Exhibit B GRANTEE: TEXAS CAPITAL BANK By: Printe• ' ame: •- ��rF °cc NNerireal Title: Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF b11115 § BEFORE ME, the undersi ned authority, a notary public in and for the State of Texas, on this day personally appeared ,eir,Jj _ (cAlcol\r) . cz tlf , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWRN TO BEFORE ME, the undersigned authority, under my hand and seal of office this ((tThf Sev\-cirnb.ey", 2012. 0‘‘‘ SIN �����%/ ��..... ;���J•��/�v `%% .4�61AR Yp%. creett •get ma.leas. • :\ as: - . t • as • . I e w � N Ik . • s a gas �• �kIS • %,, cP •• hRFSo... ` , wpoi5 ,o. Notary Public, Statof Texas Exhibit B GRANTEE: FROST BANK By: Printed Name: �r ���alckiiai Title: Trustee of the Jack M. Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF a rrun r § BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared 0 tan t PitAbkLai W (L c C& U- r known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Frost Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this hi of �, 2012. A • 276048.2 _..4.j.w ram, JAMUL Fa CHRZANOWSKI Notary Public - STATE OF TEXAS My Comm. Exp. 08.21.2414 v <VaryotPublic, State(of I exas Exhibit B FORT WORT EXHIBIT "A" to Royalty Deed R 1? MTV !JESCPIPTION P01? 26.33 ACRES OF LAND Being situated in the John Lynch Survey, Abstract No. 942 and the P.T. Welch Survey, Abstract No. 1642, Tarrant County, Texas, and being a portion of Block 1, Gateway Park Addition, according to plat recorded in Cabinet A, Slides 3-4, Plat Records of Tarrant County, Texas, and being that certain tract of land called 25.25 acres in the deed from Dennis R. Rose, Et al to the City of Fort Worth, executed April 22, 1981, recorded in Volume 7168, Page 1964 of the Deed Records of Tarrant County, Texas, said tract being further described as Tract No. 2 in the Quitclaim Deed from C.A. Duncan, Jr. to Dennis R. Rose, executed March 25, 1975, recorded in Volume 6919, Page 2072 of the Deed Records of Tarrant County, Texas more particularly described by metes and bounds as follows: BEGINNING at a 1" iron rod found (control monument) in the north right-of-way line of Interstate Highway No. 30, variable width right-of-way (also known as East Freeway and Tom Landry Highway) at its intersection with the common survey line of said Welch Survey and the Enoch Johnson Survey, A-852, Tarrant County, Texas, being the southeast corner of said Tract No. 2, the northeast corner of Parcel 1-79 deeded to The Texas Turnpike Authority in Volume 2919, Page 522 of the Deed Records of Tarrant County, Texas; THENCE: with said north right-of-way line, South 56 degrees 05 minutes 32 seconds West, (directional control line)1,044.05 feet to a 1" iron rod found (control monument) at the beginning of a non -tangent curve having a radius of 5,490.0 feet per said plat; THENCE: with said curve to the right through a central angle of 13 degrees 27 minutes 51 seconds an arc length of 1,290.11 feet the chord bears South 63 degrees 15 minutes 29 seconds West, 1,287.15 feet to a 3/4" iron rod found for the southeast corner of Block 2 of said Gateway Park Addition, being the southwest corner of said Tract No. 2 from which a 1" iron rod found at the end of said curve bears an arc length of 776.74 feet the chord of which bears South 74 degrees 14 minutes 19 seconds West, 776.09 feet; THENCE: departing said right-of-way line and partially along an easterly line of Block 2, NORTH, 106.0 feet to the center of the West Fork Trinity River; TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * FAx 817-392-7895 THENCE: northeasterly generally along the meanders of said river the following six courses and distances: North 61 degrees 32 minutes 56 seconds East, 416.0 feet; North 41 degrees 54 minutes 59 seconds East, 320.0 feet; North 14 degrees 22 minutes 24 seconds East, 403.0 feet; North 29 degrees 57 minutes 45 seconds East, 349.0 feet; North 63 degrees 55 minutes 21 seconds East, 725.0 feet; North 33 degrees 23 minutes 06 seconds East, 189.82 feet; THENCE: along the northerly line of said Tract No. 2, North 89 degrees 05 minutes 33 seconds East, at 193.68 feet passing a 5/8" iron rod set for reference in a fence line with a red plastic cap stamped "City of Ft. Worth Survey Division", continuing in all 397.68 feet to a 5/8" iron rod set with a red plastic cap stamped "City of Ft. Worth Survey Division" lying on said common survey line of said Welch Survey and said Johnson Survey, being the northeast corner of said Tract No. 2; THENCE: with said common survey line, South 00 degrees 54 minutes 27 seconds East, at 499.68 feet passing a 1" iron rod found being an interior ell corner of said Block 1, continuing in all 557.0 feet to the Place of Beginning, and containing 26.33 acres of land. Surveyed on the ground in October of 2012. Basis of Bearings: City of Fort Worth Integrated G.P.S. Network System, N.A.D. 83, North Central Texas Zone. Distances are ground measurements. In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(9), This "report" consists of the hereon real property description, and a Map of Survey being attached herewith. TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * FAx 817-392-7895 • 1ST ST. VICINITY MA N.T.S. WIVE 1 DATA CURVE 2 DATA R- 5,490.0' L- 1,290.11' I/A- 13'27'51" T- 648.04' C- 1,287.15' S 6315.29' W R- 5.490.0' L- 776.74' I/A- 8'08'23" T- 389.02' C- 776.09' S 74'14'19" W J. LYNCH SURVEY A-942 BLOCK 1 GATEWAY PARK ADDITION CAB A, SLIDES 3-4, P.R.,T.C.,T. CITY OF FT. WORTH VOL. 699, PG. 539 D.R.,T.C.,T. J. LYNCH SURVEY A-942 TARRANT COUNTY WATER CONTROL do IMPROVEMENT DISTRICT NO. 1 VOL 3138. PC. 415 D.R.,T.C.,T. ,,. ✓" RECORD N 0'03' W N 0'00.00" E 106.0' 1 "IRF-1 �tipl'D 3/4"IRF Basle of Bearings: The City of Fort Worth Integrated G.P.S. Network System, maaD I rra(r N A_0, 63. North Central TO143 Zone. Diatom, ore around to N P.T. WELCH SURVEY A-1642 4 CALLED 41.55 ACRES CfTY OF FT. WORTH VOL 1744, PG. 250 6C 09 CALLED 25.25 ACRES CITY OF FT. WORTH VOL 7168, PG. 1964 D.R.,T.C.,T. AREAL 26.33 ACRES 50.0' UTILITY EASEMENT (PER PLAT) I `\ 15.0' UTILITY EASEMENT (PER PLAT) osk 100.0' '0 pER 48439C0195K \0 01 • • /s� ,s9�ti `o\ Goy h6§ 1� 1 A-0\ \°4 P 4,43 1'IRF CONTROL MONUMENT NOTE 1: In occordonce with the Texas Board of Profeseionol Land Surveying, General Rules of Procedures and Practices, 683.19(9), This 'roport' consists of the map oo shown hereon, and real property description being ottachod herowith. NOTE 2: Thie ourvoy woe compiotod with the benefit of o Titio Commitment for Title Inouronce issuod October, 2012 by Alamo Title Innuranco, CF Number ALDALIB-AT0000038540. No oosomont research woe porformod by this Surveyor and/or Survey Company. Schodulo B of said Commitment roflocts the following oosements of record: A.) Easamont for the purpose shown below and right incidental thereto os set forth In a document In favor of 01d Ocoan Fuel Company, rocordod April 25, 1960 undor Volume 3438, Pogo 543 of tho Dood Rocorda of Tarrant County. Toxao affects the subject proporty as shown. B.) Easement for the purpose ohown below and rights incidental thereto as oat forth in a document In favor of Old Ocoon Fuol Company rocorded under Volume 3515, Pogo 537 of tho Doed Recordo of Tarrant County, Texas, does not appear to affect the subject property. Based on the recorded description;, the augments appear to lie to the oast o1 the subject property. P.T. WELCH SURVEY A-1642 40.0' R.O.W. & EASEMENT RECORD N 89'40 E N 89'05'33" E '397.68' ' a 'U4 REMAINING FENCELINE 57.32' OLD OCEAN FUEL CO. �� � /ram• VOL. 3436, PG. 543 �✓'.✓ : ./c >I E 1 m ig CITY OF FT. WORTH VOL 6866, PG. 256 - 1 l 100 0 100 200 300 GRAPHIC SCALE IN FEET LEGEND ' a000r1AY Miff LWE APPROXILIA7E VAVEY LINE M .,.... ...•...,,.,. [A231oiT UNE .••• DaSTM10 P.O.W./PROPERTY L)1C SURVEYED PROPERTY LSC 0 DENOTES A 6/er IRON ROD 2T WITHA RED PLASTIC CAP 1 " = 100' STAMT. WSJ.W SWIPED "CRY Of 1ORTH MOON' E. JO1NSON SURVEY A-852 BLOCK 1 1"IRF P.O.B. 1.1RF CONTROL MONUMENT N 6959704.37 E 2346338.23 PARCEL 1-80 TEXAS TURNPIKE AUTHORITY VOL 2931, PC. 801, Y I D.R.,T.C.,T. 15.0' UTILITY EASEMENT (PER PLAT) 50.0' UTILITY EASEMENT T.E.S.C.o. VOL 3515, PG. 537 D.R.,T.C.,T. . JOHNSON SURVEY A-852 MAP OF SURVEY SHOWING 26.33 ACRES OF LAND SITUATED IN THE JOHN LYNCH SURVEY, A-942 AND THE P.T. WELCH SURVEY, A-1642, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF BLOCK 1, GATEWAY PARK ADDITION, ACCORDING TO PLAT RECORDED IN CABINET A, SLIDES 3-4, PLAT RECORDS OF TARRANT COUNTY, TEXAS NOTE 3: Flood Statement: According to the Flood Insuronce Rate Mop (FIRM) for Tarrant County, Taxon and Incorporated Amos, Community Panel No. 48439C0195K, effective September 2009, portions of this property, by 'cola. oppear to be located In Zane "A" (ameba w , flood elevotiono are determined) and "AE' (areas whore base flood el redone . d). ..... 0 _ VS LI) " ..... se:iii.s: .... • -� ............................ r 1 -J e SURVEYED �ON T'HE GROUND IN OCTOBF.ROF 201 .: Syr '•.�FESS�V•' -ice Ih suliA p : i 5 01' Mop Prepared by Steve R Cisneros C.S.T. 111(1018-2.3 5 FORT WORTH TronsporVion & Public Works Dept. Surveying Services DATE 10-23-2012 SCALE 1' - 100' DRAWN BY SRC FILE NO 69S712A01 Erxchange: Authorized Users Only Page 1 of 1 Reference Number: ALDAL 18 - AT0000038540 Deed4p :412 ca Document Receipt Information (Instrument Number: D212275416 INo of Pages: 18 (Recorded Date: 11/7/2012 12:41:11 PM County: Tarrant Volume: 'Page: 'Recording Fee: J$84.00 https://www.erxchange.corn/UI/ViewReceipt.aspx?Documentld=6714208 11 /8/2012 Electronically Recorded Tarrant County Texas Official Public Records 10/3/2012 1:35 PM p212244780 PGS 24 $108.00 daturci-f ipGc-1 a- �.rJ Submitter: ACS �LEI�I ,L��mGRr��ANDONMENT OF REVERTER INTEREST ALAViO TITLE COMPANY OF THE STATE OF TEXAS COUNTY OF TARRANT This release and abandonment of reverter interest ("Release and Abandonment" is executed to be effective as of the 2€'day of e 2o-2Ol2 (the "Effective Date"), by James Dennis Rose, Indivi . ually, and as Independent Executor of the Estate of Dennis R. Rose; Bobbie Clarke; Austin Ray Clarke; John Clarke; Nancy Stogner; Gayle A Maschinot; Jonel Shelton; Burt Harnmers, Individually, and as Executor of the Estate of Leslie Hammers; Don Haley, as Trustee of the Don and Diane Ilaley 2004 Trust; Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust; and Frost Bank, Trustee of the Jack M. Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust I`/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust fIb/o Lee Kendall Langdon (the "Plaintiffs") and the City of Fort Worth, Texas (the "City"). WHEREAS, under that certain Gift Deed to the City of Fort Worth dated April 22, 1981, and tiled of record on August 17, 1981, in Volume 7168, Page 1964, Deed Records, Tarrant County, Texas (the "Deed," copy attached as Exhibit "A"), Dennis R. Rose, joined by wife, Agnes Rose, Clyde Corner, joined by wife Nell Corner, Lucille W, Clarke, Bobbie Helen Clarke, Austin Ray Clarke, joined by wife Georgia James Clarke, and John H. Clarke, all of Tarrant County, Texas; Jack Langdon, joined by wife Dora Lee Langdon, of Hood County, Texas, Nancy Clarke Stogner, joined by husband Lou Stogner, of Grayson County, Texas, and Audy M. Byram, joined by wife R. Grace Byram, o f Dal las County, Texas, as owners of all that certain tract or parcel of land described in a deed from C. A. Duncan, Jr. to Dennis R. Rose, recorded in Volume 6919, at Page 2072 of the Deed Records of Tarrant County, Texas, and containing 25.25 acres of land, more or less, conveyed to the City of Fort Worth, Texas the 25.25 acres of land, more or less, (the "Land"); and WHEREAS, the Deed to the City contained a reverter clause that stated, "Pin the event the above described property is not developed into or used as park Lands, this conveyance shall be NULL and VOID and the said land shalt revert to Exhibit C RELEASE AND ABANDONMENT OF REVERTER INTEREST ALAMO TITLE COMPANY GF tPitoMu "S? MID00003g540 THE STATE OF TEXAS COUNTY OF TARRANT This release and abandonment of reverter interest ("Release and Abandonment") is executed to be effective as of the 2SLday of c---4cat)-kc . t r2012 (the "Effective Date"), by James Dennis Rose, Individually, and as Independent Executor of the Estate of Dennis R. Rose; Bobbie Clarke; Austin Ray Clarke; John Clarke; Nancy Stogner; Gayle A Maschinot; Jonel Shelton; Burt Hammers, Individually, and as Executor of the Estate of Leslie Hammers; Don Haley, as Trustee of the Don and Diane Haley 2004 Trust; Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust; and Frost Bank, Trustee of the Jack M. Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon (the "Plaintiffs") and the City of Fort Worth, Texas (the "City"). WHEREAS, under that certain Gift Deed to the City of Fort Worth dated April 22, 1981, and filed of record on August 17, 1981, in Volume 7168, Page 1964, Deed Records, Tarrant County, Texas (the "Deed," copy attached as Exhibit "A"), Dennis R. Rose, joined by wife, Agnes Rose, Clyde Comer, joined by wife Nell Comer, Lucille W. Clarke, Bobbie Helen Clarke, Austin Ray Clarke, joined by wife Georgia James Clarke, and John H. Clarke, all of Tarrant County, Texas; Jack Langdon, joined by wife Dora Lee Langdon, of Hood County, Texas, Nancy Clarke Stogner, joined by husband Lou Stogner, of Grayson County, Texas, and Audy M. Byram, joined by wife R. Grace Byram, of Dallas County, Texas, as owners of all that certain tract or parcel of land described in a deed from C. A. Duncan, Jr. to Dennis R. Rose, recorded in Volume 6919, at Page 2072 of the Deed Records of Tarrant County, Texas, and containing 25.25 acres of land, more or less, conveyed to the City of Fort Worth, Texas the 25.25 acres of land, more or less, (the "Land"); and WHEREAS, the Deed to the City contained a reverter clause that stated, "[I]n the event the above described property is not developed into or used as park lands, this conveyance shall be NULL and VOID and the said land shall revert to Exhibit C grantors, or our heirs, executors, administrators or assigns, and no act or omission by any of them shall be a waiver of the operation or enforcement of such condition.' (the "Restriction"); and WHEREAS, James Dennis Rose, Individually, and as Independent Executor of the Estate of Dennis R. Rose, Bobbie Clarke, Austin Ray Clarke, John Clarke, Nancy Stogner, Gayle A Maschinot, Jonel Shelton, Burt Hammers, Individually, and as hxecutor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust, Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust, and Frost Bank, Trustee of the Jack M Langdon Trust A f/b/o Clay Allison Langdon, the Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon (the "Plaintiffs ') sued the City of Fort Worth in Case No. 96-244220-10, and styled Dennis Rose, James Dennis Rose, Bobbie Clarke, Austin Clarke, John Clarke, Nancy Stogner, and the Heirs and Successors -in -Interest to Agnes Rose, Clyde Comer, Nell Comer, Lucille Clarke, Jack Langdon, Dora Langdon, Lou Stogner, Andy Byram, and Grace Byram, Plaintiffs, v. City of Fort Worth, Texas, Defendant (the "Lawsuit"), and claimed the conveyance of the Land was "null and void" and the interest of the City had reverted to the Plaintiffs "because the [City] had failed to develop and use the property as park lands within a reasonable time."; and WHEREAS, Dennis Rose, Leslie Hammers, and Diane Haley died during the litigation; and WHEREAS, the Plaintiffs and the City mediated and settled the Lawsuit; and WHEREAS, as part of the settlement, the Plaintiffs agreed to release the Land from the Restriction on the terms and conditions set forth in this Release and Abandonment. NOW, THEREFORE, for and in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, Plaintiffs agree as follows: 1. Plaintiffs hereby release, abandon, and discharge the Land from the Restriction and agree that, as of the Effective Date, the Land shall no longer be encumbered or affected by the Restriction in any way. 2 Plaintiffs covenant and represent they include all the owners of an interest in the Land. 2 claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments fiom the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By: By• By: By: PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Ros James Dennis Rose, Individually and as Independent hxecutor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By: By: By: By: PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke t iE CC, Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Clarke 3 claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By: By: By: B y. PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Rose James Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray arke John Clarke John Clarke 3 claims or lawsuits for damages arising out of or in connection with any claims of an interest in the Land, any claims of an interest in the past bonus and royalty payments from the Land from inception of mineral production to June 30, 2012, and any claims of an interest in the future royalty payments from the Land after June 30, 2012. EXECUTED to be effective as of the Effective Date. By: By: By: By: PLAINTIFFS James Dennis Rose,Individually and as Independent Executor of the Estate of Dennis R. Rose Jaynes Dennis Rose, Individually and as Independent Executor of the Estate of Dennis R. Rose Bobbie Clarke Bobbie Clarke Austin Ray Clarke Austin Ray Clarke John Clarke John Otr lce 3 Nancy Stogner By:a-U Nancy Stogner By: By: By: By: Gayle Maschinot Gayle Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust By: By• By: By: By: Nancy Stogner Nancy Stogner Gayle Maschinot d Ga e Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust 4 Nancy Stogner Nancy Stogner Gayle Maschinot Gayle Maschinot Jonel Shelton Lfi_ ) nel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Hxecutor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Tiustee of the Don and Diane Haley 2004 Trust 4 By: By: By: Nancy Stogner Nancy Stogner Gayle Maschinot Gayle Maschmot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Le -lie Hammers By: ��►��'1t /Va Burt : mmers, Individually and as Executor of the Estate of Leslie Hammers By: Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Nancy Stogner Nancy Stogner Gayle Maschinot Gayle Maschinot Jonel Shelton Jonel Shelton Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Burt Hammers, Individually and as Executor of the Estate of Leslie Hammers Don Haley, as Trustee of the Don and Diane Haley 2004 Trust Oin Don Haley, as Trustee f the Don and Diane a e) 004 Trust 4 Texas Capital Bank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust Sr - Frost National Bank, as Trustee of Jack M. Langdon Trust A, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon CITY OF FORT WORTH By: Richard Zavala, Jr. Director, Parks and Community Services Department 5 By: By: Approved as to for f an; legality: /SAo Assistant City Attorney Texas Capital ank, as Trustee of the Jack M. Langdon Marital Trust B and the Dora Lee Langdon Article V Trust Frost Bank, as Trustee of Jack M. Langdon Trust A f/b/o Clay Allison Langdon, Jack M. Langdon Trust A f/b/o Lee Kendall Langdon, the Dora Lee Langdon Article IV Trust f/b/o Clay Allison Langdon, and the Dora Lee Langdon Article IV Trust f/b/o Lee Kendall Langdon :Out, M ite frpfj,j,jtMfl � 5"? CITY OF FORT WORTH By: 'Richard Zavala, Jr. Director, Parks and Csmmunity Services Department Acknowledgments STATE OF TEXAS § COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared James Dennis Rose, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this 31, of » . 2012. STATE OF TEXAS COUNTY OF TARRANT CQA.) •Pita - Notary Public, Stat of Texas § § 1114 • ?Oh 'tY, CORI SPENCE ;a; tfe uv COMMISSION EXPIRES f = January 8, 2013 • B F,FORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appealed Bobbie Claike, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BF,FORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Pubhc, State of Texas 6 Acknowledgments STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jaynes Dennis Rose, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Bobbie Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the ndersigne • myhand and seal of office this � of authority, under a �� � y 2012. LINDSAY EVANS Notary Public 1Notary ' ublic, State of Texas STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 ..: !`+ r 6 , STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Austin Ray Clarke, known to me to be the person whose none is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, th ndersigned authority, under my hand and seal of office this 2) k of 2012. v iar LINDSAY EVANS Notary Public STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 J ' r i f h'1 i U P i STATE OF TEXAS 'I J 1, COUNTY OF TARRANT Notary Public, State of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the salve for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Austin Ray Clarke, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared John Clarke, known to me to be the person Whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigne authority, under my hand and seal of office this a k of 2012. r IMP LINDSAY EVANS Notary Public ., STATE OF TEXAS My Comm. Exp. Aug. 16, 2016 r' CAI" it .i• Notary Public, State of Texas 7 authority, under my hand and seal of office this j0 of 2012. AMBER N. McKENZIE Notary Public State of Texas Comm. Expires 06-06-2015 STATE OF TEXAS COUNTY OF TARRANT Notary Public, State of STATE OF TEXAS COUNTY OF TARRANT § B KFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy Stoger, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned��i�m 2V//I V _ L 5 J xas BEFORE ME, the undersigned authority, a notary pubhc in and for the State of Texas, on this day personally appeared Gayle Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas 8 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Nancy Stoger, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas STATE OF TEXAS Oua-Fo n COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Gayle Maschinot, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE authority, under my hand and seal of office this if of /is1" 2012. -5ne Gayle P'Jtscktnof isp:711,40-ite, :*:ems.= • •`� vstat..• e ell t RISE DAWN CALDWELL MY COMMISSION EXPIRES November 22, 2014 • the undersigned Notai;y Publike; State of Texas 8 STATF OF TEXAS COUNTY OF TARRANT § § r.+.�0 frs.csr iwur f ictsc Pj SHASTA L WATTENBARGER % 1* NOTARY PUBLIC STATE OF TEXAS v k ip J C 8810N EXPIRES: ▪ i • iiik' ' 09-29-201 2 BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFOMikalE, t - undersigned authority, under my hand and seal of office this of '' i 'a ( 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public m and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas 9 STATF, OF TEXAS COUNTY OF TARRANT B hFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Jonel Shelton, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Burt Hammers, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that she signed the above and foregoing document, that before signing it, she read and fully understood the contents and the effect thereof, and that she executed the same for the purposes and consideration therein expressed and m the capacities therein stated. SUBSCRIBED AND SWORN TO BEFOM ME, the and rsigned authority, under my hand and seal of office this of 2012. :P(1&;,,, TRACY MIKULENCAK 1' ' ° Notary Put�x;, State of Texas i si *\ * ` My Commission Expires ° •oF,1� AUGUST 8, 2015 r Notary Public, State of Texas • 9 STATE OF TEXAS ptp4u-SLS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose naive is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this Vr of , 2012. TERRI BROERMAN Notary Public, State of Texas My Commission Expires September 071 2012 STATE OF TEXAS COUNTY OF TARRANT Notary Publits„SSte of Texas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the salve for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas 10 TATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Don Haley, known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under my hand and seal of office this of 2012. Notary Public, State of Texas STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared -c-c- cuyttc. C�-� << ,5 v p known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Texas Capital Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority,under mxotiso and seal of office this '''` ofSeio\-try4eaur, �0 I. SIN" p•�,� �; a • 6• • ��� , essa s • • • - •�� • 31111 I I II; 9� • d ,s d Notary Public, Stat of Texas 10 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared OlAnc NitAtAt(0 Wrt k , known to me to be the person whose name is subscribed to the foregoing instrument as an authorized representative of Frost Bank, and who, after being duly sworn, upon oath deposed and said that he/she signed the above and foregoing document, that before signing it, he/she read and fully understood the contents and the effect thereof, and that he/she executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, under hand and seal of office this I inn' of Se,19 1Cw�- --t , my 2012. m as Assaubstaistassat, JANICE M. CHRZANOWSKI Notary Public STATE OF TEXAS My Comm Exp. 0-4-2014 STATE OF TEXAS COUNTY OF TARRANT Pi(A\RA Not ry Public, State,,oJTexas BEFORE ME, the undersigned authority, a notary public in and for the State of Texas, on this day personally appeared Richard Zavala, Jr., known to me to be the person whose name is subscribed to the foregoing instrument, and who, after being duly sworn, upon oath deposed and said that he signed the above and foregoing document, that before signing it, he read and fully understood the contents and the effect thereof, and that he executed the same for the purposes and consideration therein expressed and in the capacities therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, t unde signed authority, under my hand and seal of office thi o�, . \>•••=a)k. y 2012. MARILYN ISAAC.S Notary Publio STATE OF TEXAS My Comm Exp. 03108/20/4 nt`s', `.i`V,�,.,..:rS%b'. c•l.s+s.r. A7hivin�� rstra rninaraarn P�Pri*M1.. Notary Public, Mate of Texas 11 Erxchange: Authorized Users Only Page 1 of 1 Document Receipt Information Reference Number: ALDAL18AT0000038540 - Release (Instrument Number: INo of Pages: Recorded Date: County: 'Volume: 'Page: 'Recording Fee: Si a D212244780 24 10/3/2012 1:35:36 PM Tarrant $108.00 https://www. erxchange. com/UI/ViewReceipt.aspx?Docum entId=6566790 10/6/2012 FORT WORTH REAL ROPERTY DESCRIPTION 33 ACRES MND Being situated in the John Lynch Survey, Abstract No. 942 and the P.T. Welch Survey, Abstract No. 1642, Tarrant County, Texas, and being a portion of Block 1, Gateway Park Addition, according to plat recorded in Cabinet A, Slides 3-4, Plat Records of Tarrant County, Texas, and being that certain tract of land called 25.25 acres in the deed from Dennis R. Rose, Et al to the City of Fort Worth, executed April 22, 1981, recorded in Volume 7168, Page 1964 of the Deed Records of Tarrant County, Texas, said tract being further described as Tract No. 2 in the Quitclaim Deed from C.A. Duncan, Jr. to Dennis R. Rose, executed March 25, 1975, recorded in Volume 6919, Page 2072 of the Deed Records of Tarrant County, Texas more particularly described by metes and bounds as follows: BEGINNING at a 1" iron rod found (control monument) in the north right-of-way line of Interstate Highway No. 30, variable width right-of-way (also known as East Freeway and Tom Landry Highway) at its intersection with the common survey line of said Welch Survey and the Enoch Johnson Survey, A-852, Tarrant County, Texas, being the southeast corner of said Tract No. 2, the northeast corner of Parcel 1-79 deeded to The Texas Turnpike Authority in Volume 2919, Page 522 of the Deed Records of Tarrant County, Texas; THENCE: with said north right-of-way line, South 56 degrees 05 minutes 32 seconds West, (directional control line)1,044.05 feet to a 1" iron rod found (control monument) at the beginning of a non -tangent curve having a radius of 5,490.0 feet per said plat; THENCE: with said curve to the right through a central angle of 13 degrees 27 minutes 51 seconds an arc length of 1,290.11 feet the chord bears South 63 degrees 15 minutes 29 seconds West, 1,287.15 feet to a 3/4" iron rod found for the southeast corner of Block 2 of said Gateway Park Addition, being the southwest corner of said Tract No. 2 from which a 1" iron rod found at the end of said curve bears an arc length of 776.74 feet the chord of which bears South 74 degrees 14 minutes 19 seconds West, 776.09 feet; THENCE: departing said right-of-way line and partially along an easterly line of Block 2, NORTH, 106.0 feet to the center of the West Fork Trinity River; TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * FAx 817-392-7895 • THENCE: northeasterly generally along the meanders of said river the following six courses and distances: North 61 degrees 32 minutes 56 seconds East, 416.0 feet; North 41 degrees 54 minutes 59 seconds East, 320.0 feet; North 14 degrees 22 minutes 24 seconds East, 403.0 feet; North 29 degrees 57 minutes 45 seconds East, 349.0 feet; North 63 degrees 55 minutes 21 seconds East, 725.0 feet; North 33 degrees 23 minutes 06 seconds East, 189.82 feet; THENCE: along the northerly line of said Tract No. 2, North 89 degrees 05 minutes 33 seconds East, at 193.68 feet passing a 5/8" iron rod set for reference in a fence line with a red plastic cap stamped "City of Ft. Worth Survey Division", continuing in all 397.68 feet to a 5/8" iron rod set with a red plastic cap stamped "City of Ft. Worth Survey Division" lying on said common survey line of said Welch Survey and said Johnson Survey, being the northeast corner of said Tract No. 2; THENCE: with said common survey line, South 00 degrees 54 minutes 27 seconds East, at 499.68 feet passing a 1" iron rod found being an interior ell corner of said Block 1, continuing in all 557.0 feet to the Place of Beginning, and containing 26.33 acres of land. Surveyed on the ground in October of 2012. Basis of Bearings: City of Fort Worth Integrated G.P.S. Network System, N.A.D. 83, North Central Texas Zone. Distances are ground measurements. In accordance with the Texas Board of Professional Land Surveying, General Rules of Procedures and Practices, 663.19(9), This "report" consists of the hereon real property description, and a Map of Survey being attached herewith. • TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SURVEYING SERVICES THE CITY OF FORT WORTH * 8851 Camp Bowie Blvd West * FORT WORTH, TEXAS 76116 817 392-7925 * FAx 817-392-7895