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HomeMy WebLinkAboutContract 56571 Date Received: 10/29/2021 Permit No.: SWFMA-21-0060 Time Received: 4:07 pm City Secretary No.: 56571 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 27th day of October 2021, by and between Pate Ranch Single Family, LP, acting by and through its duly authorized administrator, Julian Hawes, Jr., hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 3.198 acre tract located in the J.F. Heath Survey, Abstract Number 641, Tarrant County, Texas according to the deed recorded in D220340581, Deed Records, Tarrant County, Texas, hereinafter called the"Property" as depicted in"Exhibit E". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Tavolo Park hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 1 Rev.11/17/2016 WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner, its successors and assigns, shall adequately construct and maintain the on-site Stormwater Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit"B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Stormwater Facility includes all pipes, channels or other conveyances built to convey Stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the Stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facility, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowncr's. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 [SIGNATURE PAGE FOLLOWS] Executed this 27th day of October 20 21 CITY: LANDOWNER: c�L DJHa�t27,202110:02CDT) Pate Ranch Single Family, LP DJ Harrell a Texas limited partnership Development Services Director City of Fort Worth By: PRA Pate Ranch GP, LLC Oct 27 2021 A Texas limited liability company Date: its Administrator By: Approved as to Form and Legality: J 1 an wes J ., Vice Preside Chrlsfg R. LOQOZ-ReYnOldS Christa R.Lopez-Reynolds(Oct 26,2021 15:19 CDT) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: Oct 26,2021 O�00 00 ~o o•�d ATTEST: V o °_ % C CJ o TTT T0000 ICY EX Contract Compliance Manager: By signing I acknowledge that I am the Ronald P. Gonzales, Acting City Secretary, City of Fort Worth person responsible for the monitoring and administration of Date: Oct 29,2021 this contract, including ensuring all performance and reporting requirements. //L�12p�2 Janie S. Morales, Planning Manager Development Services Date: Oct 26,2021 STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD Rev.11/17/2016 CITY SECRETARY FT.WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrlunent,, as acknowledged before nie on October 27, 2021 by DI Harrell. Development Ser-.-ices Director of the City of Fort North. on behalf of the City of Foil worth. Jennifer L. Digitally signed by Jennifer L. 1�9 JENNIFER L. EZERNACK E2ernack Notary Public Ezernack Date:2021.10.2715:21:03-05'00' STATE OF TEXAS Notary I.D. 130561630 Notary Public. State of Texas My Comm. Exp.Mar. 1,2024 STATE OF TEXAS § COUNTY OF DALLAS § The foregoing instrument was acknowledged before me this -�— day of dV A4491 , 2021, by Julian Hawes, Jr., the Vice President of PRA Pate Ranch GP, LLC, a Texas Limited Partnership, Administrator of Pate Ranch Single Family, LP, a Texas limited partnership, on behalf of said entities. L TANA ADAME Notary Public, State of Texas Notary Public, State of Texas ,Oz Comm. Expires 10-08-2024 Notar ID 12"0685970 y OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 N 0 200 400 EXHIBIT 'A' Page 1 of 3 Feet TAVOLO PARK 't DOCUMENT NO. 2 QP �2� D220163271 1 SCALE OPRTCT 1"= 200, 2 1X 41 �O �O 0 PROPOSED <O<o'°O DRAINAGE Cyr> CALLED 48.585 ACRES EASEMENT �� fl PATE RANCH SINGLE FAMILY LP DOCUMENT NO.220340581 C 2 OPRTCT C3 PROPOSED 3.198 ACRES TAVOLO PARK-PHASE 4 139,299 SQUARE FEET IN REVIEW CITY OF FORT WORTH �57 PLANNING RECORD PP-20-010 Oo \ �/ 0 \YJ G PROPOSED GOLDENGROVE CALLED 10.314 ACRES t DRIVE SID W.RICHARDSON FOUNDATION �G PROPOSED 37 DOCUMENT NO. 2 LOT 1X D215250079,OPRTCT �O BLOCK 23 70 �j 3.F HEATH SURVEY A��Rp,CT No. 641 No 512;. Fpv Rp0 \RpN f PROPOSED suMMERGLADE L10 STREET TRACT#1 L6 CALLED 835.7 ACRES L7 L$ POB S.W.RICHARDSON -. L9 P VOLUME 1846,PAGE 459 G� �p\3 'Vo O�N O DRTCT FOUND 5/8" NOTES IRON ROD `� C� DSO MP�O REMAINDER OF 1 T 1. Grid Bearings based on the Texas Coordinate System of OG TRACT D the North American Datum of 1983(2011)EPOCH 2O10, Po 20 CALLED 142.955 ACRES North Central Zone 4202 from GPS observations using the C6 2�ps� PATE RANCH LAND LP RTK Cooperative Network. O DOCUMENT NO_D215248525 2.Improvements not shown. POC APPROXIMATE OPRTCT 3.OPRTCT=Official Public Records,Tarrant County,Texas GRID N:6914808.7 LOCATION 4. POC= POINT OF COMMENCING GRID E:2299349.2 EU RVIIN RO DNT 5.POB=POINT OF BEGINNING A metes and bounds description of even 3.198 ACRE TRACT date accompanies this exhibit. ®F DRAINAGE FACILITY o9, EASEMENT YAZEL PEEBLES & .....................:.... BEING PART OF A ASSOCIATES LLC KENNETH H. YAZE! JR. CALLED 48.585 ACRES IN THE TBPELS 10194022 •;°q aP, t� J.F. HEATH SURVEY,ABSTRACT NO. 641 P.O.Box 210097 817.268.3316 Bedford,TX 76095 ypassociates.com CITY OF FORT WORTH 2021-140-003 PAGE 1 OF 31 APRIL 29 2021 rev SEPTEMBER 28 2021 TARRANT COUNTY,TEXAS EXHIBIT 'A' Page 2 of 3 LINE TABLE CURVE TABLE NO. BEARING LENGTH NO. DELTA RADIUS LENGTH CHORD BEARING CHORD L1 N54°49'21"E 55.38' Cl 7°35'57" 6945,00' 921.11' N30°52'56'W 920.43' L2 N35°17'17'W 60.10' C2 91°3545" 50.00' 79.93' S60°48'01"E 71.69' L3 N62°54'17"E 42.28' C3 63°48'38" 39.50' 43.99' S74°41'34"E 41.75' L4 S42°47'15"E 182.21' C4 21°25'28" 1215.00' 454.32' S32°04'31"E 451.68' L5 S21*21'47"E 202.25' C5 15°10'47' 375.00' 99.35' S60°44'45'W 99.06' L6 S23"37'16'W 13.21' C6 0°16'02" 7000.00' 32.65' N35°02'38'W 32.65' L7 N81°08'37'W 13.80' C7 17°28'07" 325.00' 99.09' N59°54'10"E 98.70' L8 S23°37'14"E 50.03' L9 N68°38'13"E 1217.37' 1-10 N21*21'47"W 39.55' A metes and bounds description of even 3.198 ACRE TRACT date accompanies this exhibit. Of, DRAINAGE FACILITY +:?r?�, EASEMENT ' �; A = --" ~ �••-- '---'•-• -•• •YZEL PEEBLES & � KENNETH H. YAZEL JR. BEING PART OF A ��_.. -81$2-•P.;��,• CALLED 48.585 ACRES IN THE ASSOMTES LLC TBPELS 10194022 y�aFE g�o �• J.F. HEATH SURVEY,ABSTRACT NO.641 P.O.Box TX 760 817.268.3316date -com "'v Bedford,TX 76095 ypassociates.com CITY OF FORT WORTH 2021-140-003 PAGE 2 OF 3 APRIL 24 2021 rev SEMMBER 28 2021 TARRANT COUNTY,TEXAS EXHIBIT 'A' Page 3 of 3 PROPERTY DESCRIPTION BEING a 3.198 acre tract of land situated in the J.F.Heath Surrey,Abstract Number 641,located in the City of Fort Worth,Tarrant County, Texas,being part of a called 48.585 acre tract of land described in General Warranty Deed to Pate Ranch Single Family LP recorded in Document Number D220340581 of the Official Public Records,Tarrant County,Texas,(OPRTCT),said 3.198 acre tract as determined from a survey by Kenneth Yazel,RPLS 6182 on April 29,2021 (ground distances are expressed in US survey feet using a project combined scale factor of 1.00012)being more particularly described as follows: COMMENCING at a point for corner having Texas Coordinate System of the North American Datum of 1983(2011)EPOCH 2O10,North Central Zone 4202 Grid Coordinates of Northing 6914808.7 and Easting 2299349.2,at the southwest comer of said Pate Ranch Single Family LP tract, in the south proposed right-of-way line of Summerglade Street(50'wide)in review at the City of Fort Worth Planning Record PP-20-010 and at an ell corner of a called 142.955 acre tract of land described as Tract D in the Special Warranty Deed to Pate Ranch Land LP recorded in Document Number D215248525,OPRTCT,from which a found 5/8"iron rod at the southeast corner of a called 10.314 acre tract of land described in Special Warranty Deed to Sid W.Richardson Foundation recorded in Document Number D215250079,OPRTCT bears North 35 degrees 02 minutes 38 West,a distance of 32.65 feet; THENCE North 54 degrees 49 minutes 21 seconds East,with the north line of said Pate Ranch Land LP tract and the south proposed right-of-way line of said Summerglade Street,a distance of 55.38 feet to found 5/8"iron rod; THENCE North 35 degrees 17 minutes 17 seconds West,across said Pate Ranch Single Family LP tract,a distance of 60.10 feet at the POINT OF BEGINNING of the herein described tract and being at the beginning of a curve to the right having a radius of 6945.00 feet and whose chord bears North 30 degrees 52 minutes 56 seconds West,a distance of 920.43 feet; THENCE across said Pate Ranch Single Family LP tract the following 10 calls: 1.Northwesterly,along said curve to the right through a central angle of 7 degrees 35 minutes 57 seconds an arc length of 921.11 feet to a point for corner, 2.North 62 degrees 54 minutes 17 seconds East,a distance of 60.10 feet to a point for corner at the beginning of a curve to the left having a radius of 50.00 feet and whose chord bears South 60 degrees 48 minutes 01 seconds East,a distance of 71.69 feet; 9.Southeasterly,along said curve to the left through a central angle of 91 degrees 35 minutes 45 seconds an arc length of 79.93 feet to a point for corner at the beginning of a curve to the right having a radius of 39.50 feet and whose chord bears South 74 degrees 41 minutes 34 seconds East,a distance of 41.75 feet; 10.Southeasterly,along said curve to the right through a central angle of 63 degrees 48 minutes 38 seconds an arc length of 43.99 feet to a point for corner; 11.South 42 degrees 47 minutes 15 seconds East,a distance of 182.21 feet to a point for corner at the beginning of a curve to the right having a radius of 1215.00 feet and whose chord bears South 32 degrees 04 minutes 31 seconds East,a distance of 451.68 feet; 12.Southeasterly,along said curve to the right through a central angle of 21 degrees 25 minutes 28 seconds an arc length of 454.32 feet to a point for corner; 13.South 21 degrees 21 minutes 47 seconds East,a distance of 202.25 feet to a point for corner; 14.South 23 degrees 37 minutes 16 seconds West,a distance of 13.21 feet to a point for corner at the beginning of a curve to the left having a radius of 375.00 feet and whose chord bears South 60 degrees 44 minutes 45 seconds West,a distance of 99.06 feet,from which a found 5/8"iron rod with cap stamped"PELETON"bears South 23 degrees 37 minutes 14 seconds East,a distance of 50.03 feet; 15.Southwesterly,along said curve to the left through a central angle of 15 degrees 10 minutes 47 seconds an are length of 99.35 feet to a point for comer; 16.North 81 degrees 08 minutes 37 seconds West,a distance of 13.80 feet to the POINT OF BEGINNING and containing 3.198 acres,or 139,299 square feet of land,more or less. An exhibit of even date accompanies this 3.198 ACRE TRACT metes and bounds description. -.O F 7� DRAINAGE FACILITY QtiG` R �9�, EASEMENT YAZEL PEEBLES & _ ........................... KENNETH H. YAZEL dR. BEING PART OF A ASSOCIATES LLC ............... .6y82 CALLED 48.585 ACRES IN THE TBPELS 10194022 .,o. ss�oa.® J.F. 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WN1 Exhibit "C" CITY OF FORT WORTH STORMWATER FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for diy detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION Visual inspections of all components will be conducted every 6 months. • A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 4 3E Q E - a) 0 a a > 0- a) 0 0 Of i U C N Z a) '� 0 � c Q Z i p m C Z c - �. CD c c c c c 0 c c c c c ❑ Z t E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E LU > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LU w U U U U U U U U U U U U U U U I I I I I I I I I I I I I I I LV � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z I En I I I I I I I I I I I I I I Ia. En to i Q A O r- LL .X .:: U c- LL o m Q � 0 E OL U- W J 0 � c � u� L) 0 0 W of En a) � ) U) O C 0 C L Cl. 0 U � E OL M _ I z En to Q O O E O 0 Q 'L > •F ,� L LQ �+ co > �. O .F 0 0 C O V 0 O CO O L) C N L W En a. (w�, L N IN � O M > M V O CIL Z _ - E -0 cn c U C N 0 rn Q �.. -0 N m 0 0 ca L c l0 d 0 m a�i o 0 C c (0) a) m m 0 0 L d CD M L � 0 m E a) 0 0 : � 0 0 LO Q o � 0 0 E m 0 -6 >• 0 m o En L O 0 0 N 0 M C c ca N LU c ai c c ( c0i o o c � 0 � 0 � LU CC o o �_ �_ 0 — ai Z m .2 ai 0 > > c m o 0 �' o `m 0 L w E gn c 0 -0 C a) a) 0 `0 m a) m U Q _� o m o w c4 0 0 rn rn 0 0 0 0 a o_ a) 0 i =, = o = N O 0 N UI 0 L L N N N fA fA N N a) N oo L oaa a aa Q LL U !C O +y+ � Im m m N cM IT � (.0f— oo 0) N , N M � Lo d D220340581 12/28/2020 10:34 AM Page: 1 of 5 Fee: $35.00 Submitter: Republic Title—Fort Worth Electronically Recorded by Tarrant County Clerk in Official Public Records r3 MARY LOUISE NICHOLSON COUNTY CLERK Exhibit E Page 1 of 5 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. 1003-321567 FW/5 RTT GENERAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § PATE RANCH LAND LP, a Texas limited partnership ("Grantor"), in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration in hand paid by PATE RANCH SINGLE FAMILY LP, a Texas limited partnership, whose address is 10210 N. Central Expressway, Suite 300, Dallas, Dallas County, Texas 75231 ("Grantee"), the receipt and sufficiency of which are acknowledged and confessed, has GRANTED, BARGAINED, SOLD AND CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee, the real property located in Tarrant County, Texas which is more particularly described on Exhibit A attached hereto and made a part of this General Warranty Deed for all purposes (the"Property"),together with all rights and interests appurtenant to the Property, subject to, however, those exceptions and encumbrances set forth on Exhibit B attached hereto and made a part of this General Warranty Deed for all purposes (said exceptions and encumbrances being called the"Permitted Exceptions"). TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging,unto Grantee,its successors and assigns FOREVER,subject to the Permitted Exceptions, and, subject to the Permitted Exceptions, Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee,its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. Signature on following page GENERAL WARRANTY DEED PAGE 1 D220340581 Page 2 of 5 Exhibit E Executed as of December 16, 2020. Page 2 of 5 GRANTOR: PATE RANCH LAND LP, a Texas limited partnership By: TKG Pate Ranch Single Family Realty,L.L.C., a Missouri limited liability company, its general partner By: li Ha r.,Aut orize Officer STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the j JQ_day of December, 2020, by Julian Hawes,Jr.,the Authorized Officer of TKG Pate Ranch Single Family Realty,L.L.C., a Missouri limited liability company, the general partner of Pate Ranch Land LP, a Texas limited partnership, on behalf of said limited liability company and limited partnership. My Commission Expires: xm I o Pu lic in and fo` the State of Texas i� 6I . at 1 GENERAL WARRANTY DEED SIGNATURE PAGE D220340581 Page 3 of 5 Exhibit E DESCRIPTION Page 3 of 5 BEING A TRACT OF LAND SITUATED IN THE J. F. HEATH SURVEY,ABSTRACT NUMBER 641,TARRANT COUNTY,TEXAS, BEING A PORTION OF THAT TRACT(TRACT D) OF LAND DESCRIBED BY DEED TO PATE RANCH LAND LP RECORDED IN INSTRUMENT NUMBER D215248525,COUNTY RECORDS,TARRANT COUNTY,TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TAVOLO PARK,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS, RECORDED IN INSTRUMENT NUMBER D218030065,AND BEING THE SOUTHEAST CORNER OF TAVOLO PARK,AN ADDITION TO THE CITY OF FORT WORTH RECORDED IN INSTRUMENT NUMBER D220163271, BOTH OF SAID COUNTY RECORDS AND BEING IN THE SOUTHEAST RIGHT-OF-WAY OF TAVOLO PARK PARKWAY(A 50 FOOT RIGHT-OF-WAY); THENCE N 47°12'45"E, 224.70 FEET,WITH THE SOUTH RIGHT-OF-WAY LINE OF TAVOLO PARK PARKWAY TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT AND BEING THE NORTHWEST CORNER OF THE REMAINDER OF THATTRACT OF LAND DESCRIBED BY DEED TO PATE RANCH SINGLE FAMILY, LP, RECORDED IN INSTRUMENT NUMBER D215248528 SAID COUNTY RECORDS; THENCE WITH THE SOUTHWEST LINE OF SAID REMAINDER THE FOLLOWING COURSES AND DISTANCES; WITH SAID NON-TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF 255.04 FEET,THROUGH A CENTRAL ANGLE OF 22-28'51", HAVING A RADIUS OF 650.00 FEET,THE LONG CHORD WHICH BEARS N 68039'07"E, 253.40 FEET; S 42°41'23"E, 678.84 FEET; N 47°12'53"E, 121.67 FEET TO THE WEST LINE OF LOT 1, BLOCK 19,TAVOLO PARK,AN ADDITION TO THE CITY OF FORT WORTH RECORDED IN INSTRUMENT NUMBER D219205549, SAID COUNTY RECORDS AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE WITH THE WEST LINE OF SAID LOT 1, BLOCK 19 TAVOLO PARK THE FOLLOWING COURSES AND DISTANCES; SAID NON-TANGENT CURVE TO THE RIGHT,AN ARC DISTANCE OF 567.26 FEET,THROUGH A CENTRAL ANGLE OF 16-10'10", HAVING A RADIUS OF 2010.03 FEET,THE LONG CHORD WHICH BEARS S 33°41'03"E, 565.38 FEET; N 64°24'04"E,5.00 FEET,TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; WITH SAID NON-TANGENT CURVE TO THE RIGHT,AN ARC DISTANCE OF 146.31 FEET,THROUGH A CENTRAL ANGLE OF 04oO9'37", HAVING A RADIUS OF 2015.03 FEET,THE LONG CHORD WHICH BEARS S 23031'09"E, 146.28; S 21°26'20"E, 204.09 FEET,WITH SAID WEST LINE; D220340581 Page 4 of 5 Exhibit E Page 4 of 5 THENCE DEPARTING SAID WEST LINE OVER AND ACROSS SAID TRACT D THE FOLLOWING COURSES AND DISTANCES: S 68°38'13"W, 174.58 FEET; S 21°21'47"E,39.55 FEET; S 68°38'13"W, 1217.37 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT,AN ARC DISTANCE OF 99.09 FEET,THROUGH A CENTRAL ANGLE OF 17-28-07", HAVING A RADIUS OF 325.00 FEET,THE LONG CHORD WHICH BEARS S 59°54'10"W,98.70 FEET; THENCE 5 54°49'21"W, 55.38 FEET,TO THE WEST LINE OF AFOREMENTIONED TRACT D, IN THE EAST LINE OF THAT TRACT OF LAND DESCRIBED BY DEED TO SID W. RICHARDSON FOUNDATION RECORDED IN INSTRUMENT NUMBER D215250079,SAID COUNTY RECORDS,AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT,AND SAID COMMON LINE,AN ARC DISTANCE OF 1019.96 FEET,THROUGH A CENTRAL ANGLE OF 08°20'55", HAVING A RADIUS OF 7000.00 FEET,THE LONG CHORD WHICH BEARS N 31°00'12"W, 1019.06 FEET; THENCE N 26°49'44"W, 237.34 FEET, CONTINUING WITH SAID COMMON LINE,TO THE SOUTHWEST CORNER OF SAID TAVOLO PARK RECORDED IN INSTRUMENT NUMBER D220163271, IN THE AFOREMENTIONED SOUTHEAST RIGHT-OF-WAY OF SAID TAVOLO PARK PARKWAY; THENCE WITH THE SOUTHEAST RIGHT-OF-WAY OF SAID TAVOLO PARK PARKWAY THE FOLLOWING COURSES AND DISTANCES; N 63°10'16"E, 100.190 FEET,TO THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT; WITH SAID NON-TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF 285.49 FEET,THROUGH A CENTRAL ANGLE OF 15°57'31", HAVING A RADIUS OF 1025.00 FEET,THE LONG CHORD WHICH BEARS N 55°11'30"E, 284.57 FEET; THENCE N 47°12'45"E,436.03 FEET,TO THE POINT OF BEGINNING AND CONTAINING 2,116,392 SQUARE FEET OR 48.585 ACRES OF LAND MORE OR LESS. D220340581 Page 5 of 5 Exhibit E Page 5 of 5 EXHIBIT B PERMITTED EXCEPTIONS Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than liens and conveyances, that affect the subject property; rights of adjoining owners in any walls and fences situated on a common boundary; any discrepancies, conflicts, or shortages in area or boundary lines; any encroachments or overlapping of improvements; any matters that a current survey of the subject property would disclose; and ad valorem taxes for the year 2020. GENERAL WARRANTY DEED EXHIBIT B-PAGE I