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
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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.
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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
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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.
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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
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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