Loading...
HomeMy WebLinkAboutContract 56763 Date Received: 12/02/21 Permit No.: SWFMA-21-0057 Time Received: 1_16 pm City Secretary No.: 56763 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this end day of December 2021 , by and between Lennar Homes of Texas Land and Construction, LTD, acting by and through Jennifer Eller, 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 de scrib ed as an approximately 0.4749 acretract located in the Benjamin Thomas Survey,Abstract 1497, Tarrant County, Texas according to the special warranty deed recorded County Clerk's File No. D220319529, of the Official Public Records of 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 Northpointe Phase 6 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, agre e 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 FT.WORTH, TX 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 reportto 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 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 (3 0)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 perfectedby 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. [SIGNATURE PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 Executed this 2nd day of December 20 21 CITY: LANDOWNER: DJ Ha 2,2021 08:51 CST) LDJ Harrell, Jenni er Eller Development Services Director Auth rized Age�Homebuilding City of Fort Worth Lennar Home of Texas Land and Construction,LTD Date: Dec 2, 2021 Date: November 30 2021 Approved as to Form and Legality: Christa R Lonez-Revholds Christa R.Lopez-Reynolds(Dec 1,2021 15:12 CST) Christa R.Lopez-Reynolds, Sr.Assistant City Attorney City Attorney's Office Date: Dec 1, 2021 a a,' °FORr�ad� o ATTEST: moo00 ° °O�►�d pvo °° ° Contract Compliance Manager: Jannette S.Goodall(Dec 2,202111:09 CST) �� °O0000°° a 44'4EXASoa By signing I acknowledge that I am the Jannette Goodall- person responsible Cite Secretary for the monitoring and administration of City of Fort.Worth this contract, including Dec 2, 2021 ensuring all performance and reporting Date: requirements. J e Scarlett Morales(Dec 1,2021 15:31 CST) Janie S.Morales,Planning Manager Development Services Date: Dec 1, 2021 OFFICIAL RECORD STQRMWATER FACILITY MAINTENANCE AGREEMENT Rev.1 111 712 01 6 CITY SECRETARY FT.WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Decem_ cr 2 2021 by DJ Harrell, Development Services Director of the City of Fort Worth,on behalf of the City of Fort Worth. Digitally signed by Bichson Nguyen 14R BICH SON THI NGUYEN Nguyen ate: 021.12.0210:29:00 Notary PublicSTATE OF TEXAS Notary Public, State of Texas Notary I.D. 133389224 My Comm.Exp.Oct. 13,2025 STATE OF4 § COUNTY OFZ�� § BEFORE ME, the undersigned authority, a Notary Public in and for the State of r on this day personally appea d (name), ("e), known to me to be the person whose name is subscribed to'tie foregoing instrument, and acknowledged to me that he/she executed the 1same for the purposes and consideration therein ex ress d, as he act and deed Off l 1 l!�`4,.J f I�Q.-S (entit }, al � (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL FICE t ' day of , 2�. ga LAURA LYNN SALGADONotary ID#125169119 M Commission Ex Tresic, Sfj�itr6f8, 2025 <M°Y nye{ LAURA LYNN SALGADO Notary 1D#1251b9119 T my Commisswr,Expires January 18 _329 OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT.WORTH, TX Rev 1 111 7/20 1 6 Exhibit A LEGAL DESCRIPTION 5.4504 ACRES BEING a tract of land situated in the Benjamin Thomas Survey, Abstract No.1497, City of Fort Worth, Tarrant County, Texas and being a portion of that tract of land conveyed to Lennar Homes of Texas Land and Construction, LTD., according to the document filed of record in Instrument No. D220319529 (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a point for the southwest corner of this tract, at the beginning of a non-tangent curve to the right having a central angle of 23°02'52", a radius of 777.00 feet, a chord bearing and distance of North 22°12'52" East, 310.45 feet, from which a 5/8-inch iron rod with plastic cap stamped "KHA"found for an exterior"ell" corner of a called 566.415-acre tract of land, described as East Tract conveyed to BOA Sorte Limited Partnership, et al, according to the document filed of record in Instrument No. D205064579 (O.P.R.T.C.T.), same being an interior"ell" corner of said Lennar tract recorded in D220319529 bears North 7°33'06"West, 172.51 feet; THENCE with said curve to the right, an arc distance of 312.56 feet to a point for corner of this tract; THENCE North 33'44'18" East, a distance of 39.38 feet to a point for corner of this tract; THENCE North 78'44'18" East, a distance of 14.14 feet to a point for corner of this tract; THENCE South 56'15'42" East, a distance of 348.17 feet to a point at the beginning of a tangent curve to the left having a central angle of 15°55'28", a radius of 325.00 feet, a chord bearing and distance of South 64°13'26" East, 90.04 feet; THENCE with said curve to the left, an arc distance of 90.33 feet to a point for corner of this tract; THENCE South 72'1111" East, a distance of 241.83 feet to a point at the beginning of a tangent curve to the left having a central angle of 19°50'32", a radius of 325.00 feet, a chord bearing and distance of South 82°06'26" East, 111.99 feet; THENCE with said curve to the left, an arc distance of 112.55 feet to a point for corner of this tract; THENCE South 48'08'13" East, a distance of 14.21 feet to a point at the beginning of a non-tangent curve to the right having a central angle of 0°51'37", a radius of 5316.72 feet, a chord bearing and distance of South 3°09'19" East, 79.82 feet; DRAINAGE EASEMENT BENJAMIN THOMAS SURVEY, �E.OF TFy ABSTRACT NO.1497 �GISTEiO S CITY OF FORT WORTH SEAN PATTON ;....:. .. it, f:`.. _ TARRANT COUNTY, TEXAS REGISTERED PROFESSIONAL 8E N,ATTON LAND SURVEYOR NO. 5660 ..... "P•r:7�- .. 400 N. OKLAHOMA DR, SUITE 105 0 5660 1P: Kim! >>> Horn CELI NA, TEXAS 75009 l9N �FE SS o� 400 N.Oklahoma Drive, Suite 105 Tel.No.(469)501-2200 PH. 469-501-2200 O S U R v ` Celina,Texas 75009 FIRM#10194503 Scale Drawn by Checked by Date Project No. Sheet No. sean.patton@kimley-horn.com N/A SPA KHA O8/25/2021 063228100 10F4 ALLEN.STEPHEN 8/30/2021 1:00 PM K:\CEL SURVEY\083228100-EAGLE RIDGE\DWG\SEPARATE INSTRUMENTS\PHASE 6 DE.DWG Exhibit A THENCE with said curve to the right, an arc distance of 79.82 feet to a point for corner of this tract; THENCE South 0°30'34" East, a distance of 267.18 feet to a point for corner of this tract; THENCE North 68°00'34"West, a distance of 147.77 feet to a point for corner of this tract; THENCE North 13°36'41"West, a distance of 44.11 feet to a point for corner of this tract; THENCE North 46'08'16"West, a distance of 11.06 feet to a point for corner of this tract; THENCE North 52°29'16" West, a distance of 138.88 feet to a point for corner of this tract; THENCE South 89°26'37"West, a distance of 305.00 feet to a point for corner of this tract; THENCE North 0°33'23" West, a distance of 120.00 feet to a point for corner of this tract; THENCE North 45°53'30" West, a distance of 126.33 feet to a point at the beginning of a tangent curve to the left having a central angle of 134°39'55", a radius of 50.00 feet, a chord bearing and distance of South 66°46'33"West, 92.28 feet; THENCE with said curve to the left, an arc distance of 117.52 feet to a point for corner of this tract; THENCE South 0°33'23" East, a distance of 2.39 feet to a point for corner of this tract from which a 5/8-inch iron rod with plastic cap stamped "KHA" found for the northeast corner of that tract of land conveyed to Lennar Homes of Texas Land and Construction, LTD., according to the document filed of record in Instrument No. D219110851 (O.P.R.T.C.T.), same being common with an interior"ell" corner of the above mentioned Lennar Tract recorded in D220319529 bears South 50°39'05"West, 288.67 feet; THENCE South 89°26'37"West, a distance of 135.08 feet to the POINT OF BEGINNING and containing 5.4505 acres or 237,425 square feet of land. DRAINAGE EASEMENT OF BENJAMIN THOMAS SURVEY, �E• ABSTRACT NO.1497 '�P• GISTE CITY OF FORT WORTH SEAN PATTON - * _!� - TARRANT COUNTY, TEXAS REGISTERED PROFESSIONAL ' SE TT�N LAND SURVEYOR NO. 5660 0� 5660 �,,:400 N. OKLAHOMA DR, SUITE 105 • .pP' Kim!e >>> Horn CELINA, TEXAS 75009 9N .FESS��.• 0 400 N.Oklahoma Drive, ite 105� Tel.No' (469)501-2200 PH. 469-501-2200 D S U R�Ey Celina,Texas 75009 FIRM#10194503 Scale Drawn by I Checked by Date Project No. I Sheet No. sean.patton@kimley-horn.com N/A I SPA KHA 08/25/2021 1 063228100 20F4 ALLEN.STEPHEN 8/30/2021 1:00 PM K:\CEL SURVEW63228100-EAGLE RIDGE\DWG\SEPARATE INSTRUMENTS\PHASE 6 DE.DWG LEGEND A=CENTRAL ANGLE P.O.B.= POINT OF BEGINNING NORTH IRFC=IRON ROD W/CAP FOUND O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS 0 50 100 \ N78°44'1 8"E GRAPHIC SCALE IN FEET \ 14.14' APPROXIMATE FULLY DEVELOPED N33044'18"E LENNAR HOMES OF TEXAS 100 YEAR FLOODPLAIN 39 38' LAND&CONSTRUCTION,LTD INST. NO.D220319529 \ / O.P.R.T.C.T. X (� A,' ''4D Ssso ° EAST TRACT(CALLED A=134'39'55" 566.415 ACRES) R=50.00' BOA SORTIE LIMITED - IRF L=117.52' PARTNERSHIP,et al N CB=S66°46'33"W INST. NO.D205064579/ �: C=92 28' O.P.R.T.C.T. / of A=15'55'28" w R=325.00' Z z L=90.33' v CB=S64°13'26"E Q C=90.04' P.O.B. SO°33'23"E 2.39' S89°26'37"W 135.08' N45°53'30"W 5.4504 ACRES 126.33' 237,425 SQ. FT. yo IRFC N0033'23"W / 120.00' v - — IRFC �O TEXAS LAND& R HOMES OF �^�G� CONSTRUCTION,LTD INST. NO. D219110851 NOTES O.P.R.T.C.T. Bearing system based on the Texas DRAINAGE EASEMENT Coordinate System of 1983, North BENJAMIN THOMAS SURVEY, Central Zone(4202),North American .�� OF �Fy ABSTRACT NO.1497 Datum of 1983. �P G\STE ''''• `9 5 , a s CITY OF FORT WORTH SEAN PATTON _ l,i *- TARRANT COUNTY, TEXAS REGISTERED PROFESSIONAL SE ATTON LAND SURVEYOR NO, 5660 66'"'ZI' 400 N. OKLAHOMA DR, SUITE 105 ;A,Qo 5660 �P,,. Kim! >>> Horn CELI NA, TEXAS 75009 9,y .FE S S��.. ' 0 400 N.Oklahoma Drive, Suite 105/ Tel.No.(469)501-2200 PH. 469-501-2200 S U R v Ey Celina,Texas 75009 FIRM#10194503 Scale I Drawn by I Checked by Date Proiecl No. I Sheet No. sean.patton@kimley-horn.com 1-100- SPA KHA 08/25/2021 1 063228100 3OF4 ALLEN.STEPHEN 8/30/2021 1:12 PM K:\CEL SURVEY\063228100-EAGLE RIDGE\DWG\SEPARATE INSTRUMENTS\PHASE 6 DE.DWG LEGEND A=CENTRAL ANGLE P.O.B.=POINT OF BEGINNING NORTH IRFC=IRON ROD W/CAP FOUND O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS D GRAPHIC SCALE IN FEET 4'19°50132" R'325.00' 1 11 24183 Ce1�'112.55' S82°06'26"E S48°08'13"E C=111.99, 14.21' w O _ N t-- 00 O 00CD CO r O O-) — LID U) J (( (( LENNAR HOMES OF TEXAS W 5.4505 ACRES U d LANINST. NO. D2R 0319529LTD z 237,425 SQ. FT. O.P.R.T.C.T. N l2Jv� CJ `` N52029116"W `Y'0 O�POco •� 9� 138.88' C:) \ G� N46008'16"W C/) Pgs 11.06' N 13°36'41"W 44.11' N68°001 1,1. DRAINAGE EASEMENT INST#D220072039 / D.R.T.C.T. / NOTES Bearing system based on the Texas DRAINAGE EASEMENT Coordinate System of 1983,North BENJAMIN THOMAS SURVEY, Central Zone(4202), North American OF� ABSTRACT NO.1497 Datum of 1983. •�., � CITY OF FORT WORTH SEAN PATTON —� _ ... TARRANT COUNTY, TEXAS REGISTERED PROFESSIONAL SE TATTON LAND SURVEYOR NO. 5660 .... �"�1""': 400 N. OKLAHOMA DR, SUITE 105 ;A,po 56 0 Kim!e >>> Horn CELINA, TEXAS 75009 F o 400 N.Oklahoma Drive, ite 105� Tel.No.(469)501-2200 91' ESS\•..`10 'Y�••••""" ` Celina,Texas 75009 FIRM#10194503 PH. 469-501-2200 S � RV Scale I Drawn by I Checked by Date Project No. I Sheet No. sean.patton@kimley-horn.com 1"=###' SPA KHA 08/25/2021 063228100 40F4 ALLEN.STEPHEN 8/30/2021 1:12 PM K:\CEL SURVEY\063228100-EAGLE RIDGE\DWG\SEPARATE INSTRUMENTS\PHASE 6 DE.DWG ON 110-0 i a.. So ■ 0 C., , ���'. LL CD .� �..♦ C:, > 0 LU 0 z LL] -j z 2 Lu o • =) U) 0- z LL LU 0 0 Lu 0- cs o 0 ----------- mill WRAP=— L .k O 3 w€ p Lo O Lo O = ° 00 00 00 I- r- �n rya C N a + LLI■`�' LO 0-i ^moo U O O + Lr) o H Q W cfl w U) LL Q 2 0 d H O J H N (D N J H l!] O O + O O (3) O = O O I zN 1 (0 U } ) C LL (0 CO -6 LL V O O () O (D C q) In 0. >Q N V U > Q (h In N F- C O u U a Cwj 0 a > z O a Q + LL N N (7 (o N (9 Lo 0 W E � I � w LLI \ `m � / E � CO w O N x 7 x If g LL (M 0O0 O N LL (D (00 O � zV N M I o aV m u-i m 0 a Oof af W I N 0 W W W >- 0 W W W ^ O> } � O O > O W v Cl)W r Lf) O (A W In O CO ry W = C ^ N L L1 O W ui ct a p Z � + O21 - r- LO L.L X o = W O_ Lo O Lo O 00 co co r- r- O L: Z u) nv eca LEW191/9 30.Aa9'V39M®M03 AA MUOld nv 9L:e LL9Z/9L/Q MAYS um WO'NMd arced-a\avo\a asvNAvans\rnuwais\aNiodK oN-=Lgwoo\iwo—nn\:v 19 31W SNOISN39 'ON 9Z 3 Nd13 0NId33140143 O3d31S03d SVM31 319 Ozx-Ba-Zte x�H oot�-o�-Zte 3NONd 'N4 l3J SHX31'A1N(IOo1NH?JaHl On25[xl'SVIItlO'0d 0[3lIOS'OVOd 1.14.- "I" ..%w5. 130 �Ae 03NO 3iivm in Hiao�N lao�jo uio co 'ONI 531VIOOSSV ONV NNO 3„SM OZOZ g i W F �w WOHS Sv '3— 9 3 L{j SVHd 1 db'i5 ,soz,Iddv - W V32� 3J V SVNMRI w C) uj%j(((A,31wl� . °"' >os°9O 31NlOdHi�JON • 10TOdd VHM Lu Lu i n ❑ 1 K _I o f, J K I---------I-' ,� - i t w p,l-r w _ ;_ - �.I A� ,_,,� T _ w Z I < �LLJ w ` s ui u p _ w iIw _-------- ---- --- - --- ----- A --- I BJ T7, Ili /< 1( + 171 1 ,Y —71 T ;4 I�I -1 % - - "J LU A i n 85'O133HS n� �—�--i--� i 33S3NI-1HO1VIN ------------- 2 f!) T , / — M -- Z H-1 WJ uou= =iwu a.onoeovo w�.00rvon�o w„iµ.ouµ wwwov•n�o��ow.�mew w���==ma wom.e.o.. wow.oe�+w v�o=.ae.e=ume.�u,oe Ai�o wv+,w n-Nn=.�wwNiN�o.o vo=u w�+.-.e..k.-.v v��nea.m emu,uu+.N 6,np aory oey e6oulo,O-�\s,e uSuoid\Z-3 aloud\von\eyuloauVaNbCO u�bC9o\iw�lda\N utod ei� wub,bsZ, 1ZOZ 6o i4atl.e,oO eo/ue,e6,eaa,ro3+�e pe,oid 19 31W SNOISN39 'ON 9Z 3 NdI3 0NId33140143 O3d31S03d SVM31 319 Ozx-Ba-Zte x�dH ootL-o�-Zte�3NOHd 'N4 l3J SHX31'A1N(IOo1NH?JaHl On25[x1'SVIItlO'00[3lIOS'OVOd 1.14.- "I" ..%. 130 �Ae 03NO 3iivmrin Hiao,N iao�jo uio r� 'ONI 531VIOOSSV ONV NNOH-A3,NIM OZOZ g i L{j W F Iw WOHS Sv '3— 9 3SHHd 1 ` i5 ,soz,Iddv —db'W d32:]V 3JSVNMRI w C) uj%j(((A,31wl) . °"' >os°9O 31NlOdHi�JON • 10TOdd VHM e.vi 5 Q of �F W W Z E F U Z Q Z J 9 Rw7, K W �. W H 9 U Z W W W 1 U K a ' � e` > o --_---`-- —- —_- / � I 1 I 1 i II II Ii /h� ---- II —f. W , ��� LLI ��, a z ---y- jil I I �` �� �• 331ll dTllll � � 1 --— �� 99-0133HS 33S 3NI�H�1HW x, ' W 1 I� f P4 C(3 I 17l e II 1 2 1 2 O-� C-O I ,ze J/m j V Q 1 _ bA tC bmPdow oar abo�o,a��s,a��od�z—g asoNd�Po��e,��odu„oN��o�se�sa���„da�:H u,od a�, waez.es.z< <zoz sa„,ad a,oa ao„e,ab,aaa�3xe Pa„od 19 31W SNOISN39 'ON 9Z 3 Nd13 ONId33N0N3 O3d31S[13d SVM31 319 Ozx—Ba—Zte x�dN oot�—o�—Zte:3NONd 'N4 l3J SHX31'A1N(IOo1NH?JaHl On25[x1'SVIItlO'00[3lIOS'OVOd,30N.- "I" ..%. 130 �Ae 03NO 3iivmrin HiaolN iao�jo uio co 'ONI 531VIOOSSV ONV NNO 3„1M OZOZ g i �{j W F �w WONS Sv '3— 9 3SHHIA 1 ` i5 ,zoz,Iddv -cJVN d32:]V 3JSVNMRI w C) uj%j(((A,31wl� . °"' >os°9O 31NlOdHi�JON • 10TOdd VNM e.vi 5 Q of �F W W Z O K C) E F U Z Q Z J 9 Rw7, K W �. W H 9 U Z W W W a ' � e` > o -- _ r— --- -_--- M—OS 3—v— —�_ � v ;Ild I i � I IIII IIII Ivv� eev �lill�vv v v vwv�� rv1 , III III III - - -- — / f I zw 1 II II 1 \ U f M� V -- — —— \_ Lf) ___ __ _ _ _ ---------- w ��_ _ m _ 1 <w -�i ---I -- --`= X Z \ w _ — 1 ^�, �� _—_1-- n C � ly\ _I~T g� �IIrr 99-0133HS 33S DW HZ)lbW v�A �v v I IIII I S NO N CIJ omP dow oar abo��o,a�\s,a 19 31W SNOISN3a '�N 9Z 3 Nd13 0NIa33140143 O3a31S03a SV%31 319 azx-Ba-Zte x�dH oot�-o�-Zte�3NOHd !`�i'N4 l33 SHX31'A1N(IOo1NH?JaHl ¢ wy l30 .ate Ntild H1aoN lao�jo ulo m anzse xi•srollva•aoe 311ns•avoa l3oN ssx� : a3xs _ 'ON NaOH-A 1 531tl00SStl ONtl 3lNIN OZOZ g W F�Now'o WOHS SV '3— 9 3SHHd �VVV° i Oz llado UNOd U NOUN313a w uj%j(((A,3jw1� . °"' nos°9O 31NlOdHi�JON • 10TONd vHa Ld LQCJ m w m 1 i 9 O v fr vv vv o o P, o m a \ w O J I f \/ 1 Z I � W _ W iw � II oa ct I v tl " I vv I- �a v 3�A�p =18 LLI �4.^o T II \ im Ul'o s Q I I 8a 08u., a N rvm r I � I I ryg1 I oW oW I � O O Oi Of 0] 8 ao.z \Ws. I vv � v m Y — I �a O O 07 O O o] 07 m o7 W O1 a I� uou= wox-t�iwu Aa.ono�eovo w�.o��orvon�o�.�iiµ�.ou�µ�ww�ov•m�o��ox..,.mew�w�xo.•�•a woe..e:o..��wow.,e�ww a.o�.oe.e=uN=e:+u�,oe Ai�o wawiw.i-NnN:�,Iwwrvl¢�1�o:o v�.Nu .o.ie...a..ui 6inp uoid puod�\syeeu5uoid\L-9 esoud\POE\e�upauyuN-oEoxSbEgo\iNiJ ltla\�N:u1od eii/ wag55oxo iZOZ 6o i4atl.e�oa eo/ue ie6ieaaxro3+le pe��oid A9 31tl0 SN0513a 929-3 Na13 0NIa33NHJN3 ma31S1038—31 319 raa'rvaOH-A3lHlxmmm �,a 130 SVX31'AINII03 1NV2i}JVl 0>ZSL XI{5tl—x00L 3119S'Otl0aal30N 590iL l30 8i`EA�no Hl`JOi1f�1`JOj�0 A1�0 �!] 3NI 53 tl1�o99tl aNtl NaoH A3,NN o:9 w 's NM°HS sv 3 1-�V J_2JEn1no-D-lwo2id 9 3SVHd oo L 8 zoz lladtl g NV1d NIV?JQ MOTS w U UJOHo<Aajwl 31tl0 31NIOdH1bON L90159f90 103f0ad tlHN damn R� ,rs, gn�^no ,n a er cF� ou wmuoz zzrca iba ?z pi g$ v, nn 2 Woa 40gnpo y>BR1'^" Foau3p�caiWQ O Z_ d 2 c wm�rcpo"�y Z F $Wa _m QQ n 5�A r w Y�p�'czaaw»"cwik� W s ¢Q hLL = '" amrcwu �iLL amiau sulaoiu�uai�u,a�u m _ ip0 .w-n3 ui � No Am-`£ - w3 s .+i ' _ u rc w 3 ltl 0 3H 5 - m l0 '9+ a 1S Z'09 CX,L Ld +r�i H Ld aG3 -�-- a� uln U _z awn) z i L+ :Ls A �o JNE 50-° vz o I<os w - y a fie'IL,�I O N rn rn m W Z 3 o O N O N O O O m m W 3 BT �o m0 yZ Fiu =6,3 a'. i '" 1tl 03H0 M3 ?�a�fi In 15 'fit Zt .= N aSl ltll HI a In L'L+ 'IS L'6 L 1 0 Zmi Q b F uj d' g p� A" � _ohm ----- r,z U I �z L� a _ r I �ffz 'Yy f w- w 2 11 sIITFl� N�o - O N O N O bh m O O m m m m AW ,7fdad uuo� \s� vsu id\cJs xoud\Poi\a��oau✓orv-oco�secso\uv�lvo\Vr u�od aiu woso ec�� �voi so iuey.a�oo coi�o�ioa�.ce pa��oid 18 31tl0 SNOISN3M 'mN 9Z8-3 NdU ONIM33NON3 O3M 03d SVN 319 rvOO'NNOH-A3lNIN'MMM w���3, OEBf-6f2-ZL6:Ntl3 pOfl-pGC-ZL6 3NOHd s!; {"•�ry�c 130 �' SVX31 A1NllOo1NV21bV1 09' m€ '. ,30 a a3„, NV1cJ Hi?JUM i2]U�AU ALO s ]NI 531VQJ Stl ONtl�1 °0H-A3lrvIN OZOZ S.K i 3 ryMOHS 5tl 3M5 U.I0H((< `/��I�I� ' ` 0`53 zaz,IMdtl lOb1N00 NOIS02i3 9 3SHHd w U _ 311° 31NIOdH12JON ��P°O>� cnMsofeo 'OTOdd tlHN W LU z1�° �� _ � �� —�� - � r' w �3H� s�N ;� CGS' �Nlwd,�a��= uJ� =dos' - - m = - - - ��,es — - - -P w T��`II,%�n � m —F�'—I o ism .z �'T- - - �� 5�i=i � > ii o I� �� a"L�i'iia,��,�� T QI \ �B 3A180 338L 311LI1 - oil ��'.I -�'I Lei, moo" T/ IT , i� W \� X\ Il�� vlhCID IC y a•'Ia0 NaroHa3 s' / /a, - , , , , 1� _ _ , w 3 wa MIA— \\ o pIIII - / I I A OtlOil ALM383°l �� I�- � Otl315M3ry IN -- I �/�".°•- z&a�� I �hul z �' 4 u N Iek Eg a' a H w ° sF° Yl Ea i F$ W ViIY aN 0 aa� R;Zpa ss:'aa esaaE gnDQe aYY:I 'yI�' FO �m'cmaUffisu H- =ial-c ma= XE°a4N z c > -Mtog:n- Na w 4° `- z ° I 0 w .;aes� ' _ y k Hai°: .:_ a o F 3 s��Y'Iy€ Y e a g ':ac w e� e 4 ¢ I�"' � Na 4 ya;=`I §':p ¢¢ d4°e:� bj�.. a w z€s �� -`s o$° °.a`Wa ; _ _"cd a g s 8 .�-�G" 4=dY �.$;s " li I I w :a "a ., g; " `" s!g= �:..'�_�' as 5! 1 sW_s� g= a-:gym-,w w �Q�Q Q e €el ��a a; 6 'K a a �e e �' _ d s5 ' a;s _" fl- ., •, = U S ° �I..€s`�g 'de3�e� ff8 as < g :p a;aF a a. e8. y #e" a $il bi Paz ;QE e;01 €1�8m' r 3, 3;k N g � :�c, w a5m a g .lpa ° d5 z ga 4 . 9sa 4 � �g e�= =�3x :$�e���'E - '�'°"'"a� ° aie O €'a" 4d 4C Z ,g :Y a=€°" c°o `a ia'6.. O e Y "a saeag a e:SE a�- a I�� O U) da", "Em9 fig. 35 y.Y:g"K4b ' ; s,ak. ,fie° € iay 4 `4g sg sa4x s=e w ea =s a a� IY: s= s' sF RR__ , ." s" 901 s� a :== z s z a s H- a„`• z° s and W g.tl�d'�S .t€" ' - B°'E }� O YegaYIS S��K'.„y`� Z O4 geg 4'y m``38�rz SE` Cgd ':t U W °Ea -S.�.yjk -a tl.°Y�� 3E�.` k:45-Y 3 O Z C° �a bl? :tl°m..:ga`: "isz�tlG�Z`43: y ¢ Z E HP UP s`za °°Eg s" sb.. ,ag ay'an N 5�y u ° yyI ` s,�" u�sy Asa. 00 "LlytlN.;i�a 9�6€3ti O G E. ° 'WIY' !Y.'Y O J a: CYN3 a "W,b''a.d"4giO W ¢Q z a€asl' a"€: c: W `"aw :4;NY, W ;'y�b i. ;. -Y ;. n _n g_nntl :,. W W €& S: °Er yS'oY .4. '1 �';•tl O W a€@.gl„ mab"ge a s€„'; a€=a i m €I!Y o z se= .E a'g s Sgga Y '$d3 y,"aF"xasN - F Z SemSW 4=� g`xn '�N: E :06 E° d° EFg ti 2 N - aY Y 4'a's- � s=a w W elf s _:. x`°g"a#'d'a as;;a I5s` §I =€� a " ' s`I"� Ea "`3daiy =s k s ag c ee s'$ =aa - ffi cs age"e,'`' I�a rt as-' - wzld Z s��" E a E ��� s"ate N as a 'x" s ,� " x ¢ gE ;sa �3�I'3�tx;s; 3;ag m g s as a "i:� "ss€m "Ys'a''s;€ a " xa�; 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 dry 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.12/29/2014 4 3E Q E - a) a) a a > 0- a) a) M Of i U a) C �n Z '� � � c Q Z i p m C Z c - �. y c c c c c 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 > O O O O O O O O O O O O O O O LU w U U U U U U U U U U U U U U U I I I I I I I W LLO O O O O O O O O O O O O O O J Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z y a I I I I I I I I cn 2 i toEn m m m m m m m m m m m m m m m co a A LL .X c V m E OL Cl) _ -0 L0 Q s m � W of En moN � i rn O C p = O y Cl. a) U � E OL M _ to Q O E Q 'L > •F ,� L O O �+ O co > �. O O .F a) 0 C O V O ~ U C N W Q O M MN IN � �� y C^l a. CIL -0 cn O U C N a) rn Q �.. -0 N m O O O ca y c l0 d 0 m a�i o En C c a�i a) m m � L d CD c6 y :2 o r� O � a) a) N O 6 yQ E aca o dF•r ai = V LN U fn fn NL NL N Ly N Cc La'C� m N cn U t O ( OL >�E o 0ai M > = m, oc, cn wm a m m m z m m NQ• m w _0 6 N N MV N N o C m m a mZd LL > O = O O O a) Q) N N N N N N LL N a) N oo L oaa a � aa Q v U CL !C LL m m N cM 'qT L-O t4 f— 00 W N , N co, lq Lo d D220319529 12/04/2020 03:33 PM Page: 1 of 4 Submitter: Rattikin Title- Main Electronically Recorded by Tarrant County Clerk in OfficialrPa it "E" �� 1 of 14 COUNTY LOUISE NICHOLSON COUNTY CLERK 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. Rattiikin Trtle Canvey SPECIAL WARRANTY DEED GF# 1°I-Oq 2(m STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § The parties listed in attached Addendum A (hereinafter collectively referred to as "Grantor"), in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration to the undersigned in hand paid by LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION, LTD., a Texas limited partnership (hereinafter referred to as "Grantee"), whose address is 1707 Marketplace Blvd., Suite 250, Irving, Texas 75063, the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY to Grantee all those certain real property (the "Land") situated in Tarrant County, Texas, and described on Exhibit A attached hereto and incorporated herein by reference, together with (i) any and all improvements, rights and appurtenances belonging or pertaining thereto, (ii) all rights, title and interests of Grantor in and to any easements, leases, rights-of-way, rights of ingress or egress or other interests in, on or to any land, highway, street, road or avenue, open or proposed, in, on, in front of, abutting, adjoining or benefitting the Land, and (iii)all rights, title and interests of Grantor in and to all utilities, sewage treatment capacity and water capacity, if any, to serve or which will serve the Land (the Land and all of the foregoing set forth in the above subclauses (i)-(iii) are hereinafter collectively referred to as the "Property"). Grantor hereby reserves and retains for itself, its legal representatives, successors and assigns forever, all of Grantor's interest in the oil, gas and other minerals lying in and under and that may be produced from the Property. Grantor expressly waives all right of ingress and egress and all other rights to enter upon or to use the surface of the Property or any part thereof to a depth of not less than 500 feet for purposes of exploration, drilling, production or marketing of oil, gas and other minerals in and under, and that may be produced from the Property; provided, however, Grantor's reservation of the minerals shall include the right to produce oil, gas and other minerals in and under the Property but only by directional drilling from other lands or by horizontal drilling, pooling or other techniques (whether presently known or later developed) which do not require entry or use of the surface of the Property. This conveyance is made and accepted subject only to those certain title exceptions more particularly described on Exhibit B attached hereto and made a part hereof for all purposes (the "Permitted Exceptions"), but only to the extent that such Permitted Exceptions are valid, subsisting and, in fact, affect the Property. TO HAVE AND TO HOLD, the Property (subject to the foregoing) unto Grantee and Grantee's successors and assigns forever, and Grantor does hereby bind Grantor and Grantor's SPECIAL WARRANTY DEED Pagel D220319529 Exhibit "E" Page 2 of 41 Page 2 of 14 heirs, executors, administrators, legal representatives, successors and assigns to WARRANT AND FOREVER DEFEND, all and singular, the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the Property or any part thereof, by, through or under Grantor, but not otherwise. Save and except for the representations and warranties of Seller expressly contained in that certain Purchase and Sale Agreement dated effective February 23, 2018, as amended, and in the documents delivered at Closing, it is understood and agreed that Grantor has not made and is not making and hereby specifically disclaims, and Grantee hereby specifically waives, any warranties, representations or guarantees of any kind or character, express or implied (or arising by operation of law), oral or written, past, present or future, with respect to or in any way related to or concerning the Property or its suitability for any particular purpose or use, including, but not limited to, warranties or representations as to matters of title, zoning, tax consequences, physical or environmental conditions, availability of access or utilities, ingress or egress, drainage, operating history or projections, valuation, governmental approvals, governmental regulations or any other matter or thing relating to or affecting the Property, including, without limitation, the following: (i) the nature and condition of the Property, including but not by way of limitation, the water, soil, geology and environmental condition of the Property, and the suitability thereof, and of the Property, for any and all activities and uses which Grantee may elect to conduct thereon or any improvements Grantee may elect to construct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii) the manner or quality of construction (or of any materials incorporated into) and condition and state of repair or lack of repair of any improvements located thereon; (iii) the nature and extent of any easement, right of way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; (iv) the compliance of the Property or the operation of the Property with any laws, rules, codes, ordinances or regulations of any government or other body; (v) the value, condition, merchantability, marketability, profitability, suitability, habitability, or fitness for a particular use or purpose of the Property; and/or (vi) the manner or quality of the Property. Grantee acknowledges that (a) it is generally familiar with the Property and is a sophisticated purchaser of real estate, (b) it is relying and shall rely upon its own expertise and that of its consultants in purchasing the Property and that it will conduct such inspections and investigations as it deems necessary including, but not limited to, the physical and environmental conditions thereof and shall rely upon the same, and (c) it shall look solely to the experts and professionals selected or approved by Grantee to advise Grantee with respect to the condition of the Property and, without limitation of the foregoing, will not hold Grantor responsible for any environmental conditions or for any remediation activities in connection therewith, and hereby releases Grantor from any such liability. Subject to the representations and warranties of Grantor expressly contained in this Agreement and in the documents delivered at Closing, Grantor shall sell and convey the Property to Grantee, and Grantee shall acquire and accept the Property, "AS IS, WHERE IS, and WITH ALL FAULTS". When the context requires, singular nouns and pronouns include the plural. [Signature Pages Follow] SPECIAL WARRANTY DEED Page 2 D220319529 Page 30 of 41 Exhibit "E" Page 3 of 14 ADDENDUM A List of Grantor AEDITUS, LLC, an Arizona limited liability company ANNETTA INVESTMENTS, L.P., a Texas limited partnership BLUE SAILING INVESTMENTS, LLLP, an Arizona limited liability limited partnership, AKA Blue Sailing, LLLP BOA SORTE LIMITED PARTNERSHIP, an Arizona limited partnership C413, LLLP, an Arizona limited liability limited partnership, formerly known as C313, LLLP, as evidenced by that certain Limited Liability Partnership Amendment to Certificate; Restatement attached to this Addendum A as Schedule 1 CCT INVESTORS, LLC, an Arizona limited liability company CFG—BROADWAY & ROOKS, LLLP, an Arizona limited liability limited partnership CFG—EDGEWOOD, LLLP, an Arizona limited liability limited partnership CFG—REA, LLLP, an Arizona limited liability limited partnership CFG—WHITEMAN I, LLLP, an Arizona limited liability limited partnership CFG—ZAHARIS, LLLP, an Arizona limited liability limited partnership CLOVERLAND INVESTORS, LLLP, an Arizona limited liability limited partnership GYF INVESTMENTS, LLLP, an Arizona limited liability limited partnership HARVARD CAPITAL LIMITED PARTNERSHIP, an Arizona limited partnership JEWBAN INVESTMENTS, LLLP, an Arizona limited liability limited partnership LS TYLER INVESTMENTS, LLLP, an Arizona limited liability limited partnership RIO CLARO, INC., an Arizona corporation SCM—BLOOM, LLLP, an Arizona limited liability limited partnership SMT INVESTORS LIMITED PARTNERSHIP, an Arizona limited partnership SPG—HARVARD V, LLLP, an Arizona limited liability limited partnership TEXAS LEMONADE SPRINGS, L.P., a Texas limited partnership TK COWLEY INVESTMENTS, LLLP, an Arizona limited liability limited partnership SPECIAL WARRANTY DEED ADDENDUM A I Page 1 D220319529 Exhibit "E" Page 31 of 41 Page 4 of 14 SCHEDULE TO ADDENDUM A now Ken Bennett Secretary of state r Limited Partnerships 1700 West Washington 7"F1 JAN 2 8 2013 Phoenix,Arizona 85007 Make Check Payable to: :=A Secretary of State Fee:$10.00 Plus$3.00 per page SUBMIT IN DUPLICATF with a self-addressed,stamped envelope. All correspondence regarding this filing will be sent to the principal office. Limited Liability Partnership Amendment to Certificate; Restatement A.R.S§29-1103 H C3B.LLLP 6001803 Name ofthe limited liability partnership ---Secretary of State File number(optional) Date the Certificate of Limited Partnership was Filed(optional):- _06/23/2006 The amendment to the Certificate of Limited Liability Partnership is as follows: Nam --------------- ----------------- ----- A restated certificate of limited liability partnership shall be specifically designated in its heading and shall state, either in the licading,or in an introductory paragraph,the limited partnership's present name,and,if it has been changed,all of its former names and the date of the filing of its original certificate of limited partnership, Signature of'ae"' N> 't s / � nPra a ne�� 'e'al Wolfe P, Signature --Print Name Signature ignowe Print Name 23 SPECIAL WARRANTY DEED ADDENDUM A Page 2 0220319529 Exhibit "E" Page 32mf41 Page 5 of 14 EXHIBIT A Legal Description of the Land TRACT 1 08'1432ACRES BEING e tract of land situated in the Benjamin Thomas Sun*y, Abstract No. 1497. City of Fort Worth, Tarrant County, Texas and being a portion of a called 566.415 acre tract of land described as East Tract in a deed to BOA SC}RTE LIMITED PARTNERSH|P, et al, recorded in Instrument NO. D205064579 Of the Official Public Records of Tarrant County, Texas /O.P.R.T.C.T.\. and being more particularly described as follows: BEGINNING at e 5/8-inch iron rod with p|onUu cap stamped ^P{HA^ found in the west line of a remainder 0fa called 7O.288-8C[8 tract Of land conveyed t0JLW1Of Tampa, |NC.. according t0the document filed of record in Volume 12361. Page 1052 Deed R9onrde, Tarrant County. Texas /D.R.l[.C.T.\ for the northeast cO[Oe[ of that tract of \8Od conveyed to L8nn8[ HOnleS of Texas Land and Construction, LTD' according to the dOCUrn8nt filed of record in Instrument No. D219110851 /O.P.R.T.C.{\same being the most northern southeast corner of said BOA SC}FlTE tract and the southeast corner ofthis tract; THENCE with the north line 0fsaid LRnnGr tract same being common with 8south line Of this tract the following five (5) courses and distances: South 00020'37" West, o distance of 1.248.33 feet to a 5/8-innh iron rod with p|8SUC cap St8Dlp8d ^^KHA" found for corner of this tract; North 44020'37" East, 8 distance of 28.28 feet to 8 5/8-inch iron rod with plastic cap Gtornp9d "KHA^ found for corner Of this tnaot� , North 0033'23" West, o distance of 570.00 feet to a 5/8-inch iron rod with plastic cap Sb3mop9d "KHA^ found for corner of this tract; North 45033'23" VV8St` a distance of28.28 feet to 8 5/8-inch iron rod with plastic cap S18Dlped ^'KHA^ found for corner of this tract; South 88020'37" VV8St. 8 distance of 15.50 feet to 8 5/8-inch iron rod with p|@SUC Cop stamped "KHA" set for Corner of this tract; THENCE over and ooruam the above-mentioned BOA S{}RTE tract the following nineteen /19\ courses and distances: North O"33'23"West, a distance Of7S.99 feet too5/O-inoh iron rod with plastic cap stamped''P{HA" set for corner of this tract; SPECIAL WARRANTY DEED EXHIBIT AI Page 1 D220319529 Exhibit "E" Page 33 of 41 Page 6 of 14 North 89026'37" East, a distance of 22.02 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set at the beginning of a non-tangent curve to the right having a central angle of 18058'1 lip, a radius of 847.00 feet, a chord bearing and distance of North 12°21'33" East, 279.15 feet; With said curve to the right, an arc distance of 280.43 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 51°57'45" West, a distance of 420.86 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 70038'21"West, a distance of 7.79 feet to a 5/8-inch iron rod with plastic cap stamped"KHA" set for corner of this tract; North 19021'39" East, a distance of 30.00 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 3019'13" East, a distance of 200.26 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 22052'53" East, a distance of 388.26 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 67°07'07" East, a distance of 160.81 feet to a x-cut found for corner of this tract; South 89°49'50" East, a distance of 327.64 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 0°19'30"West, a distance of 5.05 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set at the beginning of a non-tangent curve to the left having a central angle of 4'55'10", a radius of 759.54 feet, a chord bearing and distance of North 47040'53" East, 65.19 feet; With said curve to the left, an arc distance of 65.21 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"found for corner of this tract; North 45013'55" East, a distance of 58.88 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 44°18'29" East, a distance of 107.30 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner of this tract; North 42057'27" East, a distance of 75.83 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"found at the beginning of a non-tangent curve to the left having a central angle of 3'53'12", a radius of 1,778.38 feet, a chord bearing and distance of North 40019'57" East, 120.61 feet; With said curve to the left, an arc distance of 120.64 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found at the beginning of a compound curve to the left having a central angle of 2007'58", a radius of 1,778.38 feet, a chord bearing and distance of North 37019'22" East, 66.20 feet; SPECIAL WARRANTY DEED EXHIBIT A I Page 2 D220319529 Exhibit "E" Page 34 of 41 Page 7 of 14 With said curve to the left, an arc distance of 66.20 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner of this tract; North 36°23'05" East, a distance of 226.80 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"found for corner of this tract; North 0°20'02"West, a distance of 20.47 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found in the north line of the above-mentioned BOA SORTE tract being common with the south line of that tract of land described as Tract No. 6 conveyed to Texas Electric Service Company, according to the document filed of record in Volume 2542, Page 1 (D.R.T.C.T.)for corner of this tract; THENCE North 89°39'58" East, with said common line, a distance of 1,619.91 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for the northeast corner of this tract at the beginning of a non-tangent curve to the left having a central angle of 2°31'42", a radius of 6,341.36 feet, a chord bearing and distance of South 27002'26" East, 279.81 feet; THENCE in a southeasterly direction, with said curve to the left, an arc distance of 279.83 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for the northeast corner of a called 5.986- acre tract of land conveyed to E-Steel II, LLC, according to the document filed of record in Instrument No. D209280915, (D.R.T.C.T.) for corner of this tract; THENCE South 89°26'26" West, with the north line of said E-Steel tract and the north line of a called 5.00-acre tract of land conveyed to Glenn L. Hulcher, et ux, according to the document filed of record in Volume 12656, Page 2244(D.R.T.C.T.), a distance of 1,355.40 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"set for the northwest corner of said Hulcher tract for an interior 'ell' corner of this tract; THENCE South 0°30'34" East, with the east line of the above-mentioned BOA SORTE tract being common with the west lines of said Hulcher tract and the above-mentioned JLM tract, a distance of 2,052.32 feet to the POINT OF BEGINNING and containing 68.1432 acres or 2,968,318 square feet of land, more or less. TRACT 2 113.6901 ACRES BEING a tract of land situated in the Benjamin Thomas Survey, Abstract No. 1497, City of Fort Worth, Tarrant County, Texas and being a portion of a called 566.415 acre tract of land described as East Tract in a deed to BOA SORTS LIMITED PARTNERSHIP, et al, recorded in Instrument No. D205064579 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod with plastic cap stamped "KHA" set for the northwest corner of that tract of land conveyed to Exempted Tract Two, according to the document filed of record in Volume 5661, Page 229 Deed Records, Tarrant County, Texas (D.R.T.C.T.) same being an interior 'ell' corner of this tract; SPECIAL WARRANTY DEED EXHIBIT A I Page 3 D220319529 Exhibit "E" Page 35 of 41 Page S of 14 THENCE South 0020'50" East, with the east line of said BOA SORTS tract being common with the west line of said Tract Two a distance of 1,532.04 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; THENCE over and across the above-mentioned BOA SORTE tract the following nineteen (19) courses and distances: South 88004'32" West, a distance of 416.06 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 89°55'58" West, a distance of 53.34 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 72053'35" West, a distance of 70.24 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 26007'09" West, a distance of 94.78 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set at the beginning of a non-tangent curve to the left having a central angle of 21041'17", a radius of 255.00 feet, a chord bearing and distance of South 79013'24" East, 95.95 feet; With said curve to the left, an arc distance of 96.52 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 89°56'15" East, a distance of 27.40 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 0003'45" East, a distance of 78.79 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 47"22'15" West, a distance of 15.73 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 4°48'14" West, a distance of 31.20 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set at the beginning of a tangent curve to the left having a central angle of 4051'59", a radius of 255.00 feet, a chord bearing and distance of South 2022'15" West, 21.65 feet; With said curve to the left, an arc distance of 21.66 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 0003'45" East, a distance of 326.37 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set at the beginning of a tangent curve to the right having a central angle of 28°48'54", a radius of 295.00 feet, a chord bearing and distance of South 14020'42" West, 146.80 feet; With said curve to the right, an arc distance of 148.36 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 65008'06" West, a distance of 102.46 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; SPECIAL WARRANTY DEED EXHIBIT A I Page 4 D220319529 Exhibit "E" Page 36 of 41 Page 9 of 14 North 61°27'50" West, a distance of 146.59 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 54°29'45" West, a distance of 342.56 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 35°30'15" West, a distance of 81.72 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 35'30'15" West, a distance of 86.57 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; South 35030'15" West, a distance of 121.72 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; North 54°29'45" West, a distance of 753.97 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set in the east line of a called 20.153-acre tract of land conveyed to Texas Electric Service Company, according to the document filed of record in Volume 6998, Page 1585 (D.R.T.C.T.) same being the west line of the above-mentioned BOA SORTE tract for corner of this tract; THENCE North 0°11'30" East, with said common line, a distance of 2,260.00 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; THENCE South 89°48'49" East, over and across the above-mentioned BOA SORTE tract, a distance of 1,264.99 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set for corner of this tract; THENCE North 17054'52" East, continuing over and across said BOA SORTS tract, a distance of 478.84 feet to a point in the southerly line of that that tract of land conveyed to Lennar Homes of Texas Land and Construction, LTD, according to the document filed of record in Instrument No. D219110851 (O.P.R.T.C.T.) being common with a northerly line of the above-mentioned BOA SORTE tract at the beginning of a non-tangent curve to the right having a central angle of 4°26'45", a radius of 325.00 feet, a chord bearing and distance of South 74018'30" East, 25.21 feet; THENCE with said common line the following eleven (11) courses and distances: With said curve to the right, an arc distance of 25.22 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"found for corner of this tract; South 72°05'08" East, a distance of 302.12 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found at the beginning of a tangent curve to the right having a central angle of 24006'15", a radius of 675.00 feet, a chord bearing and distance of South 60°02'00" East, 281.88 feet; With said curve to the right, an arc distance of 283.97 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"found for corner of this tract; SPECIAL WARRANTY DEED EXHIBIT A I Page 5 D220319529 Exhibit "E" Page 37 of 41 Page 10 of 14 South 1°47'19" East, a distance of 28.11 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found at the beginning of a non-tangent curve to the left having a central angle of 0016'44", a radius of 2,065.00 feet, a chord bearing and distance of South 43008'11" West, 10.06 feet; With said curve to the left, an arc distance of 10.06 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner of this tract; South 47000'11" East, a distance of 130.00 feet to a 5/8-inch iron rod with plastic cap stamped "KHA"found at the beginning of a non-tangent curve to the left having a central angle of 5004'34", a radius of 1,935.00 feet, a chord bearing and distance of South 40°27'32" West, 171.38 feet; With said curve to the left, an arc distance of 171.43 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner of this tract; South 37'55'15" West, a distance of 111.56 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner of this tract; South 63029'48" East, a distance of 117.35 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner of this tract; South 89058'44" East, a distance of 684.53 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found for corner of this tract; South 45°10'30" East, a distance of 478.51 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" found in the south line of the above-mentioned Lennar tract being common with the north line of a called 25.00-acre tract of land conveyed to Larry A March, according to the document filed of record in Volume 11911, Page 179, (D.R.T.C.T.)for corner of this tract; THENCE South 89047'01" West, with said common line, a distance of 480.65 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set in the north line of a called 19.766-acre tract of land conveyed to Stephen Craig Waldrop, et ux, according to the document filed of record in Volume 13079, Page 130 (D.R.T.C.T.)for corner of this tract; THENCE South 88035'01" West, a distance of 345.70 feet to a 5/8-inch iron rod with plastic cap stamped "KHA" set in the north line of that tract of land described as Tract 3 conveyed to Roger L. Strand, et ux, according to the document filed of record in Volume 12787, Page 404 (D.R.T.C.T.)for corner of this tract; THENCE South 89035'51" West, a distance of 406.88 feet to the POINT OF BEGINNING and containing 113.6901 acres or 4,952,340 square feet of land, more or less. SPECIAL WARRANTY DEED EXHIBIT A I Page 6 D220319529 Exhibit "E" Page 38 of 41 Page 11 of 14 EXHIBIT B Permitted Exceptions 1. Interest in all oil, gas, and other minerals as reserved in deed recorded in Volume 2014, Page 558, Deed Records of Tarrant County, Texas. 2. Easement for right-of-way granted to LONE STAR GAS COMPANY by instrument recorded in Volume 3062, Page 418, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 3. Easement for pipeline recorded in Volume 3408, Page 432 as affected by the instrument recorded in Volume 7449, Page 1394, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 4. Interest in all oil, gas, and other minerals as reserved in deed recorded in Volume 6539, Page 211, Deed Records of Tarrant County, Texas. 5. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated November 1, 2000, recorded in Volume 14619, Page 182, as affected by Partial Release of Oil, Gas and Mineral Leases recorded under Clerk's File No. D213265088, Deed Records of Tarrant County, Texas. 6. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated November 1, 2000, recorded in Volume 14619, Page 183, as affected by Partial Release of Oil, Gas and Mineral Leases recorded under Clerk's File No. D213265088, Deed Records of Tarrant County, Texas. 7. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated November 1, 2000, recorded in Volume 14640, Page 136, as affected by Partial Release of Oil, Gas and Mineral Leases recorded under Clerk's File No. D213265088, Deed Records of Tarrant County, Texas. 8. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated November 20, 2000, recorded in Volume 14750, Page 178, Deed Records of Tarrant County, Texas. 9. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated December 4, 2000, recorded in Volume 14750, Page 179, Deed Records of Tarrant County, Texas. 10. Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated November 20, 2000, recorded in Volume 14750, Page 180, Deed Records of Tarrant County, Texas. SPECIAL WARRANTY DEED EXHIBIT B I Page 1 D220319529 Exhibit "E" Page 39 of 41 Page 12 of 14 11, Terms, conditions, and stipulations of Oil, Gas and Mineral lease, a Memorandum of which is dated November 20, 2000, recorded in Volume 14750, Page 181, Deed Records of Tarrant County, Texas. 12. Terms, conditions, and stipulations of Oil, Gas and Mineral Lease dated June 15, 2001, recorded in Volume 15014, Page 317, Deed Records of Tarrant County, Texas. 13. Terms, conditions, and stipulations of Oil, Gas and Mineral Lease dated June 15, 2001, recorded in Volume 15014, Page 343, Deed Records of Tarrant County, Texas. 14. Easement for pipelines and rights incidental thereto awarded to EAGLE MOUNTAIN PIPELINE COMPANY by Judgment entered on January 21, 2004 in Cause No. 03-19338-1, styled EAGLE MOUNTAIN PIPELINE COMPANY vs. PENDER INVESTMENT CORPORATION, a certified copy of which is filed for record under Clerk's File No. D205057655, Deed Records, Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 15. Terms, conditions, stipulations of, and easements granted by PIPELINE EASEMENT AGREEMENT filed for record under Clerk's File No. D208003554, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 16. Terms, conditions, and stipulations of Surface Use Agreement filed for record under Clerk's File No. D208007597, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 17. Terms, conditions, stipulations of, and easements granted by EASEMENTS AND LIMITED SURFACE WAIVER AGREEMENT filed for record under Clerk's File No. D210110944, Deed Records of Tarrant County, Texas, as affected by AMENDED AND RESTATED EASEMENTS AND LIMITED SURFACE WAIVER AGREEMENT filed for record under Clerk's File No. D218040873, Deed Records of Tarrant County, Texas, and noted on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 18. Terms, conditions, and stipulations of instrument filed for record under Clerk's File No. D214238081, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 19. Terms, conditions, and stipulations of instrument filed for record under Clerk's File No. D218086194, Deed Records of Tarrant County, Texas, and noted on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 20, Terms, conditions, and stipulations of instrument filed for record under Clerk's File No. D218198463, Deed Records of Tarrant County, Texas, and noted on survey plat dated SPECIAL WARRANTY DEED EXHIBIT B I Page 2 D220319529 Exhibit "E" Page 40 of 41 Page 13 of 14 December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 21. Terms, conditions, stipulations, obligations of, and easements granted by SEWER FACILITY EASEMENT filed for record under Clerk's File No. D219152273, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 22. Terms, conditions, and stipulations of Gas Site Permit filed for record under Clerk's File No. D219233805, Deed Records of Tarrant County, Texas, and noted on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 23. Terms, conditions, stipulations, obligations of, and easements granted by EASEMENT AGREEMENT FOR ACCESS filed for record under Clerk's File No. D220045643, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 24. Terms, conditions, stipulations, obligations of, and easements granted by DRAINAGE FACILITY EASEMENT filed for record under Clerk's File No. D220072038, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 25. Terms, conditions, stipulations, obligations of, and easements granted by DRAINAGE FACILITY EASEMENT filed for record under Clerk's File No. D220072039, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 26. Terms, conditions, stipulations, obligations of, and easements granted by SEWER FACILITY EASEMENT filed for record under Clerk's File No. D220072047, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 27. Terms, conditions, stipulations, obligations of, and easements granted by TEMPORARY CONSTRUCTION EASEMENT filed for record under Clerk's File No. D220111486, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 28. Rights of tenants in possession, as tenants only, under any unrecorded leases or rental agreements. 29. Terms, conditions, stipulations, obligations of, and easements granted by DRAINAGE FACILITY EASEMENT filed for record under Clerk's File No. D220203363, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 30. Terms, conditions, stipulations, obligations of, and easements granted by TEMPORARY CONSTRUCTION EASEMENT filed for record under Clerk's File No. D220259243, Deed SPECIAL WARRANTY DEED EXHIBIT B I Page 3 D220319529 Exhibit "E" Page 41 of 41 Page 14 of 14 Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 31. Terms, conditions, stipulations, obligations of, and easements granted by GAS FACILITIES EASEMENT filed for record under Clerk's File No. D220262065, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 32. Terms, conditions, stipulations, obligations of, and easements granted by ACCESS ROAD EASEMENT filed for record under Clerk's File No. D220262321, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. (Tract 2) 33. Terms, conditions, stipulations, obligations of, and easements granted by GAS FACILITIES EASEMENT filed for record under Clerk's File No. D220262323, Deed Records of Tarrant County, Texas, and shown on survey plat dated December 1, 2020 prepared by Sean Patton, Registered Professional Land Surveyor No. 5660. 34. Lack of access from the above described property to a public street. (Tract 1) 35. Consequences, if any, including rights and interests of others, arising out of or evidenced by the following matters as disclosed on the survey dated December 1, 2020, prepared by Sean Patton, Registered Professional Land Surveyor No. 5660: (a) Gas line along the North line of Tract 1. (b) Fences on, over and across both Tracts. SPECIAL WARRANTY DEED EXHIBIT B I Page 4