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Contract 56595
Date Received: 11/05/2021 Permit No.: SWFMA-21-0078 Time Received: 2:09 PM City Secretary No.: 56595 DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of November 20 21 , by and between Pate Ranch Land, 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 1.196-acre tract located in J.F. Heath Survey, Abstract Number 641, Tarrant County, Texas according to deed recorded in D215248525, 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 storm water 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 Drainage Facilities be constructed and maintained on a portion of the Property; and; WHEREAS, the City requires that on-site Drainage Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors OFFICIAL RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev.1 1/19/2020 JLE CITY SECRETARY FT. WORTH, TX 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 Drainage 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 Drainage Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Drainage Channel 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. 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2 Rev.1 1/19/2020 JLE 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 acceptable to the City, 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 Landowner'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 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3 Rev.1 1/19/2020 JLE EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL, AND (3) AND FAILURE OF THE CHANNEL AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage channel outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage channel, 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, and 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4 Rev.1 1/19/2020 JLE Executed this 2nd day of November 2021 CITY: LANDOWNER: DJ Harrell(NON 2,202116:58 CDT) Pate Ranch Single Family, LP DJ Harrell, Development Services Director a Texas limited partnership City of Fort Worth Nov 2,2021 By: PRA Pate Ranch GP, LLC Date: A Texas limited liability company its Administrator Approved as to Form and Legality: By: Wuil n wes J .. Vice Preside Christa R.Lopez-Reynolds(Nov 2,2021 6:07 CDT) Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: Nov 2,2021 ATTEST: CContract Compliance Manager: Ronald P, Gonzales, Acting City By signing I acknowledge that I am the Secretary, City of Fort Worth person responsible for the monitoring and administration of Date: Nov 4 2021 FOR �tia this contract, including a O°°°°°°°°o 41y', � ensuring all performance and reporting ��o oG�� requirements. P~$ o4d a o �� '�'� °° ° .d °°°°°°°°° d d��� Janie S. Morales, Planning Manager nEXAsoA Development Services Date: Nov 2,2021 OFFICIAL RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/19/2020,1LE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on November 3, 2021 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. Jennifer L. Digitally signed by Jennifer L. Ezernack JENNIFER L. EZERNACK Date:2021.11.0313:56:13 Notary Public Ezernack14R STATE OF TEXASOS'00' Notary I.D. 130561630 Notary Public, State of Texas My Comm. Exp.Mar. 1,2024 THE STATE OF TEXAS �, § COUNTY OF Dr[ s § The foregoing instrument was acknowledged before me on this day of 001-06f-4Z by Julian Hawes, Jr., Vice President of PIRA Pate Ranch GP LLC, a Texas limited liability company, Administrator of Pate Ranch Land LP, a Texas limited partnership, on behalf of said entities. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7� dayof n CTQ f�`C& 20 21 . ERICA HASSIEN \`PQY pUB�` otary Public In artd forthe State of Notary Public,Public, State of Texas ..x Comm. Expires 02.03-2025 Nolary ID 132909254 OFFICIAL RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY Rev.11/19/2020 JLE FT. WORTH, TX N ° 100 200 Feet EXHIBIT 'A' FOVN R00 GOLDENGROVE �RpN DRIVE —, CALLED 10.314 ACRE TRACT to PROPOSED O SID W.RICHARDSON FOUNDATION SCALE �� LOT 1 X O JN051a No oN DOCUMENT NO.D215250079,OPRTCT 1"= 100' � p FO NROO cz © CALLED 48.585 ACRES LP 4pc3�ca S5P �6 �•F• HEp,TH SPATE RANCH SIGLE FAMILURD © DOCUMENT NOND22034 5 1YOPRTCT A � ��O��G1 ABSTRA� NO. 641 PROPOSED g O O TAVOLO PARK L2 FOUND 5/8" © IN REVIEW CITY OF FORT WORTH IRON ROD PLANNING RECORD FP-21-099 NOTES 1. Grid Bearings based on the Texas Coordinate System of the North American Datum of 1983(2011)EPOCH 2O10, North Central Zone 4202 from GPS observations using the POC RTK Cooperative Network. GRID N:6914808.7 2.Improvements not shown. GRID E:2299349.2 PCB 3.OPRTCT=Official Public Records,Tarrant County,Texas 4.SIR=SET IRON ROD WITH CAP FOUND 5/8" STAMPED' IRON ROD 'ypassociates.com" 5.POC=POINT OF COMMENCING 6.POB=POINT OF BEGINNING [D 1 .196 ACRES LINE TABLE 52,111 SQUARE FEET NO. BEARING LENGTH REMAINDER OF L1 N54°49'21"E 55.38' TRACT CALLED 142.955 ACRES L2 N68°38'13"E 9.02' PATE RANCH LAND LP �Gyq DOCUMENT NO.D215248525 L3 S31°52'12"E 650.62' rGAP OPRTCT 0 L4 S51°46'25'W 44.01' T L5 N38°19'39'W 281.57' 9�4p, 09% L6 N68°38'13"E 1208.36' 90 C L7 N21°21'47"W 39.55' TRACT#1 S CALLED 835.7 ACRES S.W.RICHARDSON VOLUME 1846,PAGE 459 DRTCT CURVE TABLE tc NO. DELTA RADIUS LENGTH CHORD BEARING CHORD V C1 17°28'07" 325.00' 99.09, N59°54'10"E 98.70' \ C2 3°16'28" 6681.18' 381.82' N36°41'46'W 381.77' \ Page 1 of 2 [C3 0°16'02" 7000.00' 32.65' N35°02'38'W 32.65' A metes and bounds description of even 1.196 ACRE TRACT date accompanies this exhibit. p F DRAINAGE FACILITY ,�P,�• �sTF,gF+•9 EASEMENT YAZEL PEEBLES & �'•Q 'r""` BEING PART OF A REMAINDER OF TES LLC � ,� �H�.Y �. ••••i• 6182 r .. A CALLED 142.955 ACRES DESCRIBED TBPELS 10194022 Qti AS TRACT D SITUATED IN THE P.O.Box 210097 817.268.3316 .SS°�•'-�d J.F. HEATH SURVEY,ABSTRACT NO. 641 Bedford,TX 76095 ypassociates.com •U CITY OF FORT WORTH 2021-140-003 PAGE 1 OF 2 APRIL 24 2021 rev SEPTEMBER 28 2021 TARRANT COUNTY,TEXAS EXHIBIT 'A' PROPERTY DESCRIPTION BEING a 1.196 acre tract of land situated in the J.F. Heath Survey,Abstract Number 641, located in the City of Fort Worth, Tarrant County,Texas,being part 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 of the Official Public Records,Tarrant County,Texas, (OPRTCT), said 1.196 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 2010, North Central Zone 4202 Grid Coordinates of Northing 6914808.7 and Easting 2299349.2, at an ell corner of said Pate Ranch Land 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 FP-21-099 and the southwest corner 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, 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 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 325.00 feet and whose chord bears North 59 degrees 54 minutes 10 seconds East,a distance of 98.70 feet; THENCE Northeasterly,continuing with the north line of said Pate Ranch Land LP tract,the south proposed right-of-way line of said Summerglade Street and along said curve to the right through a central angle of 17 degrees 28 minutes 07 seconds an arc length of 99.09 feet to a found 5/8"iron rod with a cap stamped"PELOTON' THENCE North 68 degrees 38 minutes 13 seconds East,continuing 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 9.02 feet to a point for corner,from which a found 5/8"iron rod bears North 68 degrees 38 minutes 13 seconds East,a distance of 1208.36 feet and North 21 degrees 21 minutes 47 seconds West,a distance of 39.55 feet; THENCE across said Pate Ranch Land LP tract the following 4 calls: 1. South 31 degrees 52 minutes 12 seconds East,a distance of 650.62 feet to a point for comer; 2. South 51 degrees 46 minutes 25 seconds West,a distance of 44.01 feet to a point for corner; 3. North 38 degrees 19 minutes 39 seconds West, a distance of 281.57 feet to a point for corner at the beginning of a curve to the right having a radius of 6681.18 feet and whose chord bears North 36 degrees 41 minutes 46 seconds West,a distance of 381.77 feet; 4. Northwesterly,along said curve to the right through a central angle of 3 degrees 16 minutes 28 seconds an arc length of 381.82 feet to the POINT OF BEGINNING and containing 1.196 acres,or 52,111 square feet of land, more or less. Page 2 of 2 An exhibit of even date accompanies this 1.196 ACRE TRACT metes and bounds description. OF DRAINAGE FACILITY <P��• �,1ST �,{� EASEMENT YAZEL PEEBLES & �'"• ' Fa ��' ASSOCIATES LLC �ENNFT++,II�•YAZEL JR. BEING PART OF A REMAINDER OF "" 6182•...... •• A CALLED 142.955 ACRES DESCRIBED TBPELS 10194022 =,°9p S �p:Q' AS TRACT D SITUATED IN THE P.O.Box 210097 817.268.3316 J.F. 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'_g�ii i00oL,aca,Hl6'L'Fii ca I ; ; I IIIIIIIIIII::��IIII�iGllll�I IIIIIIIIIIIII = " � ; � 111111111111111'►Illllillll ill IIIIIIIIIIIII „ ��:�� 1111111111�11111`�:Ilillllli IIIIIIIIIIIII Illlllllllllllllillli:�lllli IIIIIIIIIIIII �� = :�•®. --�� liiiiiiiiiiiiiiiiiiiiiliiL!q IIIIIIIIIIIII = �'�!�-,.��, Illlllllllllllllllllllllllllllliiii'iiiil _ -� ' ���'�� 11111111111111111111111111111111111111111 ��� /� !� �: 11111111111111111111111111111111111111111 liiiiiiiiiiiiiiiiiiiiilililillillillilll Lu WN 00. MENNEN Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.11/19/2020 JLE Exhibit "D" 1 of 2 Drainage Channel Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Channel Amount of silt in channel Amount of silt in flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash guard Location of Erosion MAJOR INSPECTIONS Condition of Drainage Channel Quality Structure Type of Drainage Channel Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.11/19/2020 JLE Exhibit "D" 1 of 2 system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.11/19/2020 JLE Exhibit E •--'c0UA7'-- Mary Louise Nicholson do hereby certify that this is a true ai Page 1 of 16 al record Tarrant County Clerk i ? now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.1026 '•• t • i.• 10:19:44-05:00 Page 1 of 16 D215248525 11/212015 4:06 PM PGS 16 Fee: $76.00 Submitter:SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records Mary Louise Garcia To be recorded in Tarrant County,Texas 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. 003•r53t3'A Special Warranty Deed Executed to be effective as of: October 30,2015 Grantors: Bank of America, N.A., as Trustee of A.M. Pate, Jr., Marital Trust Under the Will of A.M. Pate,Jr.,Deceased,A.M. Pate,Jr.,Charitable Trust Under the Will of A.M.Pate, Jr. Deceased, A.M. Pate III Trust Under the Will of A.M. Pate, Jr., Deceased, Sheila Lynn Pate Wolfe Trust Under the Will of A.M. Pate Jr., Deceased, The Charles Patrick Pate Trust Under the Will of A.M.Pate,Jr.,Deceased,Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased, Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr., Deceased, Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr., Deceased, Mason Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased, Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996, Charles Patrick Pate, Jr. Revocable Trust under the Agreement dated June 7, 2007, Mason Lansden Pate Revocable Trust under the Agreement dated June 28, 2007; Adlai Preston Pate Revocable Trust under the Agreement dated August 21, 2009; and Charles Patrick Pate,Texas Wesleyan University,Texas Christian University and Austin College i Grantor's Mailing Address: c/o U.S.Trust Bank of America 901 Main Street, 16't'Floor Fort Worth,Texas 76102 Attn: Ms.Pamela A. Spadaro,Senior Vice President Grantee: Pate Ranch Land LP,a Texas limited partnership I Grantee's Mailing Address: c/o Provident Realty Advisors,Inc. 10210 N.Central Expressway, Suite 300 Dallas,Texas 75231 Consideration: Ten and No/100 Dollars($10.00)cash and the further consideration of the execution and delivery by Pate Ranch Retail LP, a Texas limited partnership, Pate Ranch Commercial LP, a Texas limited partnership, Pate Ranch Single Family LP, a Texas limited partnership, and Pate Ranch Land LP, a Texas limited partnership, of that certain promissory 415,314.1 SPECIAL WARRANTY DEER—Pate Ranch band Page 1 .... Exhibit E X couNT� Mary Louise Nicholson I do hereby certify that this is a true ai Page 2 of 16 al record Tarrant County Clerk i94 now on file in the Official Public Records of Tarrant County,Texas. Digitally signed tN �: To verify the authenticity of this copy please visit: by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 t • X X• 10:19:44-05:00 Page 2 of 16 i note (the "Note"), dated of even date herewith, payable to the order of PlainsCapital Bank ("Lender"), in the original principal amount of$8,100,000.00, and all documents evidencing, securing or pertaining to the indebtedness evidenced by the Note, including without limitation, the obligations under that certain Deed of Trust (the"Deed of Trust"), of even date herewith, executed by Pate Ranch Retail LP, a Texas limited partnership, Pate Ranch Commercial LP, a Texas limited partnership, Pate Ranch Single Family LP, a Texas limited partnership,and Pate Ranch Land LP,a Texas limited partnership,to Darrell G. Adams,as Trustee,for the benefit of Lender, covering the Property(as defined herein) and recorded in the Real Property Records of Tarrant County,Texas,the payment and performance of which are secured by the vendor's lien herein retained. Property(including any improvements): The surface of that approximately 142.955 acres of real property located in Fort Worth, j Tarrant County,Texas,which real property is more particularly described on Exhibit A attached hereto (the "Land"), together with all rights and appurtenances pertaining exclusively to such real property,including all right,title and interest of Grantors,if any, in and to any strips and gores adjoining such real property, and together with all trees, timber, or other crops and plants,if any,located thereunder or thereon(h)all buildings, fixtures and other improvements located on the Land, excluding only any buildings, fixtures and other improvements located within the Well Sites (hereinafter defined) owned by the lessees under the Gas Lease (hereinafter defined), or owned by the operators of the Well Site under the Surface Easement (hereinafter defined), or their sublessees, assigns or contractors; (iii) all water and water rights (except as certain of such rights have been conveyed or licensed under the Gas Lease),water and sewer taps, sanitary or storm sewer capacity or reservations,rights under utility agreements with any applicable governmental or quasi-governmental entities or agencies with respect to the providing of utility services to such real property; and (iv) all tenements,hereditaments, entitlements, privileges, permits, licenses, appurtenances, reversions and remainders in any way belonging, remaining or appertaining thereto (all of the above described property interests are collectively referred to herein as the"Proverty"). Reservations from Conveyance: Grantors, and each of them, hereby reserve unto themselves and their heirs, successors and assigns the undivided percentages currently owned by the individuals, entities and trusts that comprise Grantors (and the Property shall not include)in any and all oil,gas and other mineral rights of any kind in, on and under the Property,including all rights under the Gas Lease (the "Mineral Reservation"), as well as all rights to oil or gas production, including overriding royalties produced, from nearby land, as contemplated by the Surface Easement. Grantor's rights with respect to the Mineral Reservation are subject to the Surface Waiver Agreement(hereinafter defined). 40316.1 SPECIAL WARRANTY DEED—Pate Ranch Land Page 2 Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 3 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 3 of 16 I Exceptions to Conveyance and Warranty: This conveyance is made and accepted subject only to the following: 1. Oil and Gas Lease dated December 28,2004,a Memorandum of which was recorded as Instrument D205004471 in the Real Property Records of Tarrant County, Texas covering 506.51 acres of land out of the J. F. Heath Survey, Abstract No. A-641 in Tarrant County,Texas,as assigned to Range Texas Production,LLC,and as modified and amended by First Amendment to Oil, Gas and Mineral Lease, Surface Waiver Agreement and Pipeline Easement incident to Lease dated October 29, 2008, from j Range Texas Production, LLC, to Grantors, recorded as Instrument D208446636 in the Real Property Records of Tarrant County,Texas,collectively referred to herein as "Gas Lease". 2. Surface and Subsurface Easement and Release Agreement between Grantors and XTO Energy Inc., dated October 12, 2009, recorded under Document No. i D214034137 in the Real Property Records of Tarrant County, Texas ("Surface Easement"),to the extent that the Surface Easement affects the Property. 3. Surface Waiver Agreement (the "Surface Waiver Agreement"), dated October 30, 2015, Grantors and Pate Ranch Commercial LP, a Texas limited partnership, Pate Ranch Land LP, a Texas limited partnership,Pate Ranch Retail LP, a Texas limited partnership,and Pate Ranch Single Family LP,a Texas limited partnership,recorded in the Real Property Records of Tarrant County,Texas. 4. Those other matters described on Exhibit B attached hereto and made a part hereof,to the extent that any of such matters affects the Property. To Have and to Hold: Grantors,for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grant, sell and convey to Grantee the Property, together with all and singular the rights and appurtenances thereto in any way belonging,to have and to hold it to Grantee and Grantee's heirs,successors, and assigns forever. Grantors hereby j bind Grantors and Grantors'heirs,successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through or under Grantor but not otherwise,except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. i But it is expressly agreed that a vendor's lien, as well as superior title in and to the Property,is retained against the Property until the Note and all interest thereon is fully paid,and all obligations under the Deed of Trust are fully performed, according to the face,tenor, effect and reading thereof,whereupon this Special Warranty Deed shall become absolute. Lender, at the instance and request of Grantee,having advanced and paid in cash to the Grantor that portion of the purchase price of the Property as is evidenced by the Note, the 419316.1 SPECIAL WARRANTY DEED—Pate Ranch Land Page 3 Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 4 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: 1 Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 • t •�• 10:19:44-05:00 Page 4 of 16 vendor's lien,together with the superior title to the Property,is retained herein for the benefit of Lender,and the same are hereby transferred and assigned to Lender without recourse. Grantee assumes all ad valorem taxes on the Land (but not on any Reservations from Conveyance) for the year 2015 and subsequent years. Grantor also assumes any subsequent assessments on the Land (but not on any Reservations from Conveyance) for 2015 and prior years due to change in usage of the Land. [Remainder of Page is Intentionally Left Blank] [Signature and Acknowledgment Pages Follow] i i I i I i 419316.1 SPECIAL WARRANTY DEED—Pate Ranch Land Page 4 Exhibit E • �'�ouivT�.•• Mary Louise Nicholson I do hereby certify that this is a true ai Page 5 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'•• 10:19:44-05:00 Page 5 of 16 1 GRANTORS: I BANK OF AMERICA,N.A.,as Trustee of: i • A.M.Pate,Jr.,Marital Trust Under the Will of A.M.Pate,Jr.,Deceased • A.M.Pate,Jr.,Charitable Trust Under the of A.M.Pate,Jr.Deceased • A.M.Pate III Trust Under the Will of A.M. Pate,Jr.,Deceased • Sheila Lynn Pate Wolfe Trust Under the Will of A.M.Pate Jr.,Deceased • The Charles Patrick Pate Trust Under the I of A.M.Pate,Jr.,Deceased • Sharon Lansden Pate Trust Under the Will of A.M.Pate,Jr.,Deceased • Adlai Preston Pate Trust Under the Will of A.M.Pate,Jr.,Deceased • Charles Patrick Pate,Jr.Trust Under the j Will of A.M.Pate,Jr.,Deceased • Mason Lansden Pate Trust Under the Will I of A.M.Pate,Jr.,Deceased • Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996 • Charles Patrick Pate,Jr.Revocable Trust under the Agreement dated June 7,2007 • Mason Lansden Pate Revocable Trust under Agreement dated June 28,2007 • Adlai Preston Pate Revocable Trust under Ay,ce,ernent dated August 21,2009 By: i Pamela A.Spadar ' Sr.Vice President i i SPECIAL WARRANTY DEED—Pate Ranch Land Signature Page Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true al Page 6 of 16 al record Tarrant County Clerk now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 6 of 16 i i STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me on 2015, by Pamela A. Spadaro,Sr.Vice President of Bank of America,N.A.,a national banking association, on behalf of the banking association as Trustee of A.M.Pate,Jr.,Marital Trust Under the Will of A.M. Pate, Jr., Deceased, A.M. Pate, Jr., Charitable Trust Under the Will of A.M. Pate, Jr. Deceased, A.M. Pate III Trust Under the Will of A.M. Pate, Jr., Deceased, Sheila Lynn Pate Wolfe Trust Under the Will of A.M. Pate Jr., Deceased, The Charles Patrick Pate Trust Under the Will of A.M. Pate, Jr., Deceased, Sharon Lansden Pate Trust Under the Will of A.M. Pate, Jr., Deceased, Adlai Preston Pate Trust Under the Will of A.M. Pate, Jr., Deceased, Charles Patrick Pate, Jr. Trust Under the Will of A.M. Pate, Jr., Deceased, Mason Lansden Pate Trust Under the Will of A.M. Pate,Jr.,Deceased,Christopher Todd Miller Revocable Trust under the Agreement dated December 7, 1996, Charles Patrick Pate, Jr. Revocable Trust under the Agreement dated June 7,2007,Mason Lansden Pate Revocable Trust under the Agreement dated June 28,2007,and Adlai Preston Pate Revocable Trust under Agreement dated August 21,2009. i ANGIE R.SARVER e.�,r.� .a Ile, Notary Public Nota ublic,State of Texas j • STATE OF TEXAS rY ��+tp MyConxa.Exp.06-02.17 i i i I SPECIAL WARRANTY DEED— ate Ranch Land Signature Page I I I Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true al Page 7 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 7 of 16 j i i Or✓�G � Charles Patrick Pate STATE OF TEXAS § 1 § COUNTY OF -. �C'Gti�J § i The foregoing insh=ent was acknowledged before me on 2015, by Charles Patrick Pate. --� JANET CER No Public Notary Public,Sta tary Yp d State of as Comm.Expires0912212016 I I i SPECIAL WARRANTY DEED—Pate Ranch Land Signature Page Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 8 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 8 of 16 I I i TEXAS WESLEYAN UNIVERSITY I By: Frederick G.Slabach,President i STATE OF TEXAS § COUNTY OF The foregoing instrument was acknowledged before me on C r .ir q , 2015, by Frederick G. Slabach, President of Texas Wesleyan University, a Texas run-p_;E cT on behalf of the icn i y e r ;fu Notary Kublic,State of texas j0 "fr SHERRY L SANDLES Commission#125999250 My Commission Expires ,R�...• September 14,2019 I i SPECIAL WARRANTY DEED—Pate Ranch Retail Signature Page Exhibit E • �'�ouivT•., Mary Louise Nicholson I do hereby certify that this is a true at Page 9 of 16 al record Tarrant County Clerk ? now on file in the Official Public Recor s o Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 9 of 16 1 TEXAS CHRISTIAN UNIVERSITY By: Brian Gutierr , Vice Chancellor ►nance/Administration STATE OF TEXAS § COUNTY OF § The foregoing instrument was acknowledged before me on ZU, 2015, by Brian G tierrez, Vice Chancellor of Finance/Administration of Texas Christian University, a Texas ,on behalf of the •,S'pY offn•.� TERRY HANEY O: T'•. :, 8; NOTARY teo PUBLIC Notary Public,S to of Texas =..0( State of texas ry '7..'coi Conrn.Exp.11-12-2019 SPECIAL WARRANTY DEED—Pate Ranch Land Signature Page Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 10 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 10 of 16 AUSTIN COLLEGE By: Y . Heidi B.Ellis, Vice President of Business Affairs STATE OF TEXAS § COUNTY OF flun § j The foregoing instrument was acknowledged before me on ()0a4qer Q , 2015, by i Heidi B. Ellis, Vice President Qf Business Affairs of Austin College, a Texas nor-.-gjLfri I,1 -t- ,on,behalf of°K ►n (O t . $� JOHNA WRCEU BOATRIGHT Notary ublic,State of Texas My Commission Expires March 01,2017 i I i I i SPECIAL WARRANTY DEED—Pate Ranch Land Signature Page I Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 11 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 11 of 16 I GRANTEE: PATE RANCHLAND LP, a Texas limited partnership By. TKG Pate Ranch Land Realty,L.L.C., a Missouri limited liability comp its r j By Otto Maly, ag STATE OF MISSOURI § COUNTY OF BOONE § The foregoing instrument was aclmowledged before me this a flay of October,2015, by R. Otto Maly, the Manager of TKG Pate Ranch Land Realty, L.L.C., a Missouri limited liability company,general partner of Pate Ranch Land LP,a Texas limited partnership,on behalf of said limited partnership and limited liability company. [SEAL] 4NoP�ubhc, tate of �ssoinj� QIHA W.KENNEY P4o'�r PubI1C—NotarltS0as1 , i C�OpeFr�Cou11R1 Commission Number f254168a1 i PRycommisstonex 1resoctobet24,2018 i I AFTER RECORDING RETURN TO: Janet Ceron Senior Vice President/Fort Worth Division Republic Title of Texas,Inc. 500 Bailey Avenue,Suite 100 Fort Worth,Texas 76107 Phone: 817,877.1481 Fax: 972.516.2555 SPECIAL WARRANTY DEED 409807.3 Signature Page Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 12 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 12 of 16 EXHIBIT A Pro er Tract D i BEING a 142.955 acre tract of land situated in the J.Heath Survey,Abstract Number 641,City of Fort Worth,Tarrant County,Texas,being a portion of that certain tract of land described as Tract 1 and Tract 2 by deed to A.M.Pate,Jr.Trustee,recorded in Volume 6691,Page 475,Deed Records of Tarrant County,Texas,said 142.955 acre tract of land being more particularly described by metes and bounds as follows: I COMMENCING at a P.K Nail with shiner stamped"Dunaway Assoc.LP"set in concrete by metal fence post in the southerly right-of-way line of Dirks Road(County Road 1043)(a variable I width right-of-way),the new northwest comer of said Tract 1 A.M.Pate,Jr.tract and in the easterly line of that certain tract of land described as Tract I in the deed to S.W.Richardson, I recorded in Volume 1846,page 459,Deed Records of Tarrant County,Texas; South 20'33'54"East(Deed S 20035'08"E),departing the southerly right-of-way line of said Dirks Road,with the westerly line of said Tract 1,A.M.Pate,Jr.tract,the easterly line of said Tract 1,S.W.Richardson tract and generally along the wire fence line,a distance of 2,208.28 feet to a cross-tie wooden fence post found for corner; South 820 OF 41"East(Deed S 82008'08"E),continuing with the westerly line of said Tract 1,A.M.Pate,Jr.tract,the easterly line of said Tract 1,S.W.Richardson tract and I generally along the wire fence line a distance of 353.54 feet(Deed 352.78')to a cross-tie wooden fence post found for corner; South 030 45'37"West(Deed S 03'44'52"W),continuing with the westerly line of said Tract 1,A.M.Pate,Jr.tract,the easterly line of said Tract 1,S.W.Richardson tract and generally along the wire fence line,a distance of 929.03 feet to a 5/8"iron rod with yellow cap stamped"Dunaway Assoc.LP"set(hereinafter called 518"iron rod set)for the POINT OF BEGINNING of herein described tract; THENCE North 79'57'51"East,departing the westerly line of said Tract I A.M.Pate,Jr. tract and the easterly line of said Tract 1,S.W.Richardson tract,a distance o€75.26 feet to a 5/8"iron rod set; THENCE South 88'06'35"East,a distance of 786.85 feet to a 519"iron rod set for the beginning of a curve to the left having a central angle of 34'28'44",a radius of 650.00 feet and a chord bearing and distance of North 74'39'03"East—385.27 feet; THENCE with said curve to the left in a northeasterly direction,an arc length of 391.15 feet to a 5/8"iron rod set; THENCE South 39° 12' 15"East,a distance of 22.49 feet to a 5/8"iron rod set; F,xhibit A I Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true al Page 13 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 13 of 16 THENCE South 42"48'32"East,a distance of 656.39 feet to a 518"iron rod set; THENCE North 47' 12'53"East,a distance of 517.07 feet to a 5/8"iron rod set for the beginning of a curve to the right having a central angle of 44'40' 32",a radius of 470.00 feet and a chord bearing and distance of North 69'33' 09"East—357.26 feet; THENCE with said curve to the right in northeasterly direction,an arc length of 366.48 feet to a 5/8"iron rod set; j I THENCE South 88'06'35"East,a distance of 239.86 feet to a 5/8"iron rod set for the beginning of a curve to the left having a central angle of 18'00'41",a radius of 557.33 feet and a chord bearing and distance of North 82°53'04"East— 174.48 feet; i THENCE with said curve to the left in northeasterly direction,an arc length of 175.20 feet to a 518"iron rod set; THENCE North 77' 11' 57"East,a distance of 67.89 feet to a 5/8"iron rod set in a non-tangent curve to the left having a central angle of 00'06' 10",a radius of 8,000.00 feet and a chord bearing and distance of South 12°51'08"East—14.35 feet; THENCE with said non-tangent curve to the left in southeasterly direction,an arc length of 14.35 feet to a 5/8"iron rod set; THENCE South 12'54' 13"East,a distance of 846.33 feet to a 5/8"iron rod set for the beginning of a curve to the right having a central angle of 89°55' 07",a radius of 1,200.00 feet and a chord bearing and distance of South 3211 03' 21"West—1,695.85 feet; THENCE with said curve to the right in southwesterly direction,an arc length of 1,883.25 feet to a 5/8"iron rod set; THENCE South 77'00'55"West,a distance of 88.15 feet to a 518"iron rod set; I THENCE SOUTH,a distance of 520.37 feet to a 5/8"iron rod set in the southwesterly line of j said Tract 1,A.M.Pate,Jr.tract,the northeasterly line of said Tract 1,S.W.Richardson tract; i THENCE with the southwesterly lines of said Tract 1,A.M.Pate,Jr, tract,the northeasterly lines of said Tract 1,S.W.Richardson tract and generally along the wire fence line the following courses and distances: South 89'40' 33"West(Deed S 89'24'52"W),a distance of 580.71 feet to a cross-tie wooden fence post found for corner; j North 38' 19' 39"West(Deed N 38°30'08"W),a distance of 1,233.98 feet(Deed 1,236.11')to a cross-tie wooden fence post found for comer; i I Exhibit A I Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 14 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 14 of 16 i I North 66°39' 12"West(Deed N 66°25'08"W),a distance of 661.41 feet(Deed 663.89)to a cross-tie wooden fence post found for corner; North 170 17'24"West(N 16°55'08"W),a distance of 657.14 feet(Deed 652.78')to a cross-tie wooden fence post found for comer; i North 03'45'37"East(N 03°44'52"E),a distance of 867.74 feet to the POINT OF BEGINNING and containing a calculated area of 6,227,101 square feet or 142.955 acres of land. i I i I I 1 i i Exhibit A j Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 15 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 15 of 16 EXHIBIT B Permitted Exceptions i 1. Standby fees,taxes and assessments by any taxing authority for the year 2015,and subsequent years;and i subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or i ownership. 2. Easement granted by Heirs of Mrs. A, C. Weatherby, deceased to Texas Electric Service Company, recorded in Volume 1835, Page 305, Real Property Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R.Glosup,R.P.L.S. #5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/0612015. 3. Easement granted by A. C. Weatherby Estate to Texas Electric Service Company,recorded in Volume 3247,Page 329, Real Property Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R.Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/0612015. i 4. Easement granted by A. M. Pate,Jr.,Trustee to Texas Electric Service Company,recorded in Volume 4831,Page 384,Real Property Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R.Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 09/06/2015. 5. Terms,provisions, conditions, and easements contained in Sanitary Sewer Construction Easement and Permanent Estate,filed 04122YI986,recorded in Volume 8524,Page 1106,Real Property Records,Tarrant County,Texas,and the current Iocation as shown on survey of Stephen R.Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015. 6. Terms,provisions, conditions,and easements contained in Easement, filed 0 7/1 912 0 06,recorded in cc# D206220361,Real Property Records,Tarrant County,Texas,and the current location as shown on survey of Stephen R.Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/20I5,survey plat dated 08/06/2015. 7. Limited or lack of access to road or highway abutting subject property as set forth in instrument filed 12/05/2008,recorded in cc#D208446635,Real Property Records,Tarrant County,Texas,and the current location as shown and noted on survey of Stephen R.Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015, 8. Easement granted to the City of Fort Worth,filed 07/28/2009,recorded in cc#D209200963,Real Property i Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R. Glosup, R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015. i 9. Easement granted to the City of Fort Worth,filed 07/28/2009,recorded in ec#D209200964,Real Property Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R. Glosup, R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29015,survey plat dated 08/06/2015. 10. Easement granted to the City of Fort Worth,filed 07/28/2009,recorded in cc#D209200965,Real Property Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R. Glosup, R.P.L.S.#5570,field dated 1 011 9/20 1 5,last revised 10129/2015,survey plat dated 08/06/2015, 11. Terms,provisions, conditions,and easements contained in Right of Way Agreement, filed 06/18/2010, recorded in cc#D210147994,Real Property Records,Tarrant County,Texas,and the current location as shown on survey of Stephen R.Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015, survey plat dated 08/06/2015. 12. Terms, provisions, and conditions of Development Agreement filed 10/12/2012, recorded in cc# D212252932,Real Property Records,Tarrant County,Texas,and noted on survey of Stephen R.Glosup, R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015, Exhibit B Exhibit E • �'�ouivT�.•� Mary Louise Nicholson I do hereby certify that this is a true ai Page 16 of 16 al record Tarrant County Clerk . '� now on file in the Official Public Records of Tarrant County,Texas. Digitally signed To verify the authenticity of this copy please visit: y Q by Mary Louise Nicholson https://tarrant.tx.publicsearch.us/verifycert/QnWE6xXh Date:2021.10.26 # • �:'�• 10:19:44-05:00 Page 16 of 16 I I 13. Terms,provisions,and conditions contained in instrument filed O1/16/2013,recorded in cc#D213013293, Real Property Records,Tarrant County,Texas,and the current location as shown on survey of Stephen R. Glosup,R.P.L.S.45570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015. ' I 14. Terms,provisions,and conditions contained in instrument filed 02/13/2013,recorded in cc#D213037661, Real Property Records,Tarrant County,Texas,and the current location as shown on survey of Stephen R. Glosup,R.P.L.S.05570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015. 15. Terms,provisions,and conditions contained in instrument filed 02/13/2013,recorded in cc#D213037662, j Real Property Records,Tarrant County,Texas,and the current location as shown on survey of Stephen R. Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/0612015, 16. Easement granted to the City of Fort Worth,filed 02/2 8120 1 4,recorded in cc#D214039746,Real Property Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R. GIosup, R.P.L.S.#5570,field dated 10/19/2015,last revised 1 012 9/20 1 5,survey plat dated 08/0612015. 17, Easement granted to the City of Fort Worth,filed 02/28/2014,recorded in cc#D214039747,Real Property i Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R. Glosup, R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015. 18. Easement granted to the City of Fort Worth,filed 02/28/2014,recorded in cc#D214039748,Real Property Records, Tarrant County, Texas, and the current location as shown on survey of Stephen R. Glosup, R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015. 19. Mineral estate and interest in coal,lignite oil,gas and other minerals together with all rights,privileges and immunities thereto described in instrument filed 03/30/2006,recorded in cc#D206091090,Real Property Records,Tarrant County,Texas,and noted on survey of Stephen R. Glosup,R.P.L.S.#5570,field dated 10/19/2015, last revised 10/29/2015, survey plat dated 08/06/2015. Title to said interest not checked subsequent to the date thereof. 20. The following matters as shown on survey of Stephen R.Glosup,R.P.L.S.#5570,field dated 10/19/2015, last revised 10/29/2015,survey plat dated 08/0612015: i a) rights of lessees,and anyone claiming by and through them,in and to any portion of the lands lying within the boundaries o f any gravel road,sidewalk or thoroughfare as shown on said survey; b) Gas pad drill sites and related gas drilling equipment over and across subject land as shown on said survey; e) gas pipelines,gas manholes,valves,meters,signs and test stations,cathodic test station and sign, over and across the subject properties as shown on said survey; d) signal boxes,traffic signal lights,inlets,electric meters,telephone manhole,over and across the subject land as shown on said survey; e) existing overhead utility lines,poles and guys,as show on said survey; 0 City of Fort Worth water sign,as show on said survey; g) wire fence varies off the boundary lines around the perimeter of tracts and throughout the tracts as shown on said survey. j 21, Rights of tenant under Grazing Lease dated 06/20/2006,between Bank of America,N.A.Trustee,et al (Landlord)and Bob Cantrell(Lessee) 22, The following matters as shown and noted on survey of Stephen R. Glosup,R.P.L.S.#5570,field dated 10/19/2015,last revised 10/29/2015,survey plat dated 08/06/2015,to wit: a) XTO gas pad,storage tanks,compressor,metal walls,and pipe structure,any rights of ingress and egress,as shown on said survey;and b) XTO gas pipe line extending southerly to gas pad site,as shown on said survey. Exhibit B