HomeMy WebLinkAboutContract 56794 Date Received: 12/08/2021 Permit No.: SWFMA-21-0082
Time Received: 4:38 pm City Secretary No.: 56794
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 3rd day of December
2021, by and between BT Cole Three, LLC, acting by and through Jackson Su, its
authorized Member, hereinafter referred to as "Landowner", and the City of Fort Worth,
hereinafter referred to as "City".
WITNES SETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 0.6094 acre tract located in the J. Armendaris Survey, Abstract No. 1767,
Tarrant County, Texas according to the deed recorded in Instrument No. D221139792,
Official Public Records, Tarrant County, Texas, hereinafter called the "Property" as
depicted in Exhibit"E".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Hampton Villas hereinafter called
the "Plan", which is expressly made a part hereof, as approved or to be approved by the
City and the Landowner provides for management of Stormwater within the confines of
the Property; and
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth, Texas require
that on-site Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
OFFICIAL RECORD
CITY SECRETARY
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 report to the City annually. The purpose of the inspection
is to assure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, berms, outlet structure, pond areas, access roads, etc.
Components of the Facility, which need maintenance or replacement to
perform their design function, shall be noted in the inspection report along with
the corrective actions to be taken.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
3. The Landowner, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property upon
reasonable prior written notice and to inspect the Facility Property whenever
the City reasonably 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 after giving Landowner 30 days advance written notice
of any alleged deficiences, may enter upon the Facility Property and take
reasonable and necessary measures to correct deficiencies identified in the
inspection report and to charge the reasonable and necessary costs of such
repairs to the Landowner, its successors and assigns. It is expressly
understood and agreed that the City is under no obligation to routinely
maintain or repair said Facility, and in no event shall this Agreement be
construed to impose any such obligation on the City, such obligation is
Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement,performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty (30) days of receipt thereof for all reasonable
and necessary costs incurred by the City hereunder. In the event that
Landowner or its successors or assigns fail to pay the City for the costs
incurred under this section, the City shall impress a lien for the costs of such
work upon other lots owned by the Landowner. Such lien shall be perfected by
filing in the office of the County Clerk of Tarrant County, Texas an affidavit
identifying the property to be charged with such lien, stating the amount
thereof, and making reference to this Agreement.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. EXCEPT FOR ACTS OR OMISSIONS WHICH
CONSTITUTE NEGLIENCE OR WILLFUL MISCONDUCT BY THE
CITY OF FORT WORTH, LANDOWNER COVENANTS AND
AGREES 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 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
[SIGNATURE PAGE FOLLOWS]
Executed this 3rd day of December 20 21
CITY: LANDOWNER:
DJ Harrell 3,202112:43 CST)
DJ Harrell, BT e T ree,
Development Services Director /
City of Fort Worth
Date: Dec 3,2021 Date: 12
Approved as to Form and Legality:
Christa R.Lopez-Reynolds(Dec 3,200 11: 1— T)
Christa R. Lopez-Reynolds,
Sr. Assistant City Attorney Contract Compliance Manager:
City Attorney's Office By signing I acknowledge that I am the
Dec 3,2021 person responsible
Date: OR), for the monitoring and administration of
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►- this contract, including
a oo��d ensuring all performance and reporting
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ATTEST: °° *Fy
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Janie Scarlett Morales(Dec 3,2021 11:46 CST)
Jan nette S.Goodall(Dec 8,2021 15:10 CST) Janie S. Morales, Planning Manager
Jannette Goodall, Development Services
City Secretary
City of Fort Worth Date: Dec 3,2021
Date: Dec 8,2021
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Dec 3, 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
BICH SON THI NGUYEN N U en Date:2021.12.0810:38:37
1�9
Notary Public gY -06'00'
STATE OF TEXAS
Notary I.D. 133389224 Notary Public, State of Texas
My Comm.Exp.Oct. 13,2025
STATE OF :Te, ><GS §
COUNTY OF � `CLg §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
T XGS , on this day personally appeared C(C�,LCbYI b
(name), Lztnd (-x�3ce r (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of ?:�[C Ole Th a-,P- ,L-LC (entity), a
Unn*,,kA LIrk6 Iikt! Camp a.trm (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2nd day
of DQr.enn bee , 20_ZL.
h, t
KRYSTAL LAREDO o y Public State o
4P�Y pU6 i
�S Notary Public, State of Texas
Comm. Expires 01-22-2022
9+;6; Notary ID 131417901
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX
Rev.11/17/2016
BEING a tract of land situated in the J. Armendaris Survey, Abstract No. 1767, City of Fort Worth ETJ,
Tarrant County, Texas and being all of a called 0.6094-acre tract of land described in a deed to BT Cole
Three, LP, recorded in Instrument No. D221139792, of the Official Public Records of Tarrant County, Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of said 0.6094-acre tract and the northeast corner of Lot 30, Block 1 of
The Bridges, an Addition to the City of Fort Worth ETJ, according to the plat thereof recorded in Instrument
No. D214268473, said Official Public Records, same also being the northwest corner of Tobin Drive, a 50'
wide right of way, as created in said The Bridges;
THENCE North 89°12'18" West, along the southerly line of said 0.6094-acre tract and the northerly line of
said The Bridges, a distance of 306.60 feet to the southwest corner of said 0.6094-acre tract, same being
the southeast corner of a called 7.6567-acre tract of land described in a deed to BT Cole Three, LP,
recorded in Instrument No. D221139791, said Official Public Records;
THENCE North 00'47'42" East, along the west line of said 0.6094-acre tract and the easterly line of said
7.6567-acre tract, a distance of 120.00 feet to the northwest corner of said 0.6094-acre tract;
THENCE in an easterly direction, departing the easterly line of said 7.6567-acre tract and along the northerly
lines of said 0.6094-acre tract, the following:
South 89'12'31" East, a distance of 82.06 feet to the beginning of a tangent curve to the right with a
radius of 125.00 feet, a central angle of 28'38'15", and a chord bearing and distance of South
74°53'24" East, 61.83 feet;
in a southerly direction, with said tangent curve to the right, an arc distance of 62.48 feet to a point for
corner;
South 60°34'16" East, a distance of 172.73 feet to the beginning of a tangent curve to the right with a
radius of 25.00 feet, a central angle of 60'34'16", and a chord bearing and distance of South 30'17'08"
East, 25.22 feet;
in a westerly direction, with said tangent curve to the right, an arc distance of 26.43 feet to a point for
corner;
South 00'00'00" East, a distance of 0.35 feet to a point for corner; to the POINT OF BEGINNING and
containing 26,544 square feet or 0.6094 acres of land.
EXHIBIT "A"
DRAINAGE EASEMENT
O E'•TF-�y
J. ARMENDARIS SURVEY,
4 X�od �.• �` ��•�'- ' ABSTRACT NO. 1767
9/29/21 �:• �,,,,•,,;�, TARRANT COUNTY, TEXAS
................
MICHAEL MARX • MICHAEL B. MARX
REGISTERED PROFESSIONAL �••��••���••���•���••�� ••
LAND ARVENPKWY. 5UI •: 0 5181 �.:� Kimlev))) Horn
P
6160 WARREN PKWY.,SUITE 210 `9 •��F E S S���'•O�
FRISCO,TEXAS 75034 A, •. • 6160 Warren Parkway,Suite 210 Tel.No.(972)335-358C
,v Q•••S•U R v�y Frisco,Texas 75034 FIRM#10193822 Fax No.(972)335-3779
PH.972-335-3580 Scale I Drawn by I Checked by Date Project No. I Sheet No.
michael.marx@kimley-horn.com N/A MBM 1 09/29/2021 1 063225203 oFz
MARX,MICHAEL 9/29/2021 2:54 PM K:\FRI SURVEY\063225203 HAMPTON VILLAS\DWG\063225203 DRAINAGE ESMT V18.DWG
LEGEND J. ARMENDARIS SURVEY, A-1767
A=CENTRAL ANGLE NORTH
P.O.B.=POINT OF BEGINNING
O.P.R.T.C.T.-OFFICIAL PUBLIC RECORDS,TARRANT
COUNTY,TEXAS CALLED 4.456 ACRES
BMH CROWLEY, LP 30 60
INST. NO. D209011931,
O.P.R.T.C.T. GRAPHIC SCALE IN FEET
A=28°38'15"
R=125.00'
L=62.48'
U) CB=S74°53'24"E REMAINING PORTION OF
Uj -j I C=61.83' CALLED 7.218 ACRES
U LLi r�7 BMH CROWLEY,LP
N v S89°12'31"E 82.06' INST. NO.D209011930
CD
65 = 0 1- O.R.R.T.C.T.
W p z a: b A=60°34'16"
J v o R=25.00'
°~° z N L=26.43'
CALLED 0.6094 ACRE Ss0° CB=S30°1T08"E
w BT COLE THREE,LP 34� C=25.22'
INST. NO. D221139792, EF
O.P.R.T.C.T. 7)2)
z DRAINAGE EASEMENT 3
0.6094 ACRE (26,544 SQ. FT.) _
SO°00'00"E
0.35'
N89°12'18"W 306.60'
P.O.B.
O 9
30
25 1 26 I 27 1 28 29
THE BRIDGES 8
INST. NO. D214268473,
O.P.R.T.C.T. l O
Q 2
Om mU / 7
— TO wER SANE o
wAY�
(50 C RIGHT-OF \
6
T - -
PUBLI
NOTES
EXHIBIT "A"
Bearing system based on the south line of a called DRAINAGE EASEMENT
0.6094-acre tract of land described in a deed recorded in
Instrument No.D221139792.Official Public Records, •O F..TF
Tarrant County,Texas,said bearing being North 89.12'18" P•••'•GISTE ' J. ARMENDARIS SURVEY,
West. %41'W"d
ABSTRACT NO. 1767
C `�9/29/21 :• •; TARRANT COUNTY, TEXAS
MICHAEL MARX T MICHAEL B. MARX
REGISTERED PROFESSIONAL """"""""""""
LAND SURVEYOR NO.5181 �: 0 5181 E S Kimilev* Horn
P
6160 WARREN PKWY.,SUITE 210 `9 •��F S���'•O�
FRISCO,TEXAS 75034 A, S 6160 Warren Parkway,Suite 210 Tel.No.(972)335-358C
,v Q•'•S•U R v�y Frisco,Texas 75034 FIRM 4 10193822 Fax No.(972)335-3779
PH.972-335-3580 Scale Drawn by Checked by Date Project No. Sheet No.
michael.marx@kimley-horn.com 1°=60' MBM KHA 09/29/2021 1 063225203 20F2
MARX,MICHAEL 9/29/2021 2:54 PM K:\FRI-SURVEY\063225203 HAMPTON VILLAS\DWG\063225203 DRAINAGE ESMT V18.DWG
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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.
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9221139792 05/17/2021 03:22 PM Page: 1 of 7 Fee: $43.00 Submitter: Chicago Title of Texas DFW-Fee Attorney Office
Electronically Recorded by Tarrant County Clerk in Official Public Records . 091"A.'s
Exhibit E MARY LOUISE NICHOLSON
COUNTY CLERK
Page 1 of 8
SPECIAL WARRANTY DEED
(Detention Pond Land)
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.
CHICAGO TITLE
Date: May 14,2021Xapl7,�-�ZR
GF#_ -
Grantor: CROWLEY HAMILTON VILLAS LLC, a Texas limited liability company
Grantee: BT COLE THREE,LLC,a Texas limited liability company
Grantee's Mailing Address: 12801 North Central Expressway, Suite 1675, Dallas,Texas 75243
Consideration:
TEN AND NO1100 DOLLARS ($10.00) and other valuable consideration,the receipt and
sufficiency of which is hereby acknowledged.
Property(including any improvements):
The real property described on Exhibit"A" attached hereto and incorporated herein by reference
together with(1) all buildings,structures, fixtures, and improvements located on, in, or under the
real property,and(2)all of Grantor's right,title,and interest in and to the appurtenances to the real
property, including but not limited to all right, title, and interest of Grantor in and to all roads,
rights-of-way, alleys, drainage facilities, easements), and utility facilities on, in, over, under,
through,or adjoining the real property; all oil,gas, and other minerals under the real property; all
strips and gores between the described real property and abutting properties; and all utility,access,
and development rights (collectively, "Property"), except as set forth in the Exceptions to
Conveyance below.
Reservations from Conveyance:None
Exceptions to Conveyance and Warranty:
Those matters listed on Exhibit "B" attached hereto and incorporated herein by this
reference.
Grantor, for the Consideration set forth above, the receipt and sufficiency of which are
acknowledged,has GRANTED, BARGAINED, SOLD,AND CONVEYED and, subject to the
Exceptions to Conveyance and Warranty, does hereby GRANT, BARGAIN, SELL, AND
CONVEY to Grantee the Property, together with all and singular the rights and appurtenances
thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors,
SPECIAL WARRANTY DEED Page 1 of 7
Exhibit E
Page 2 of 8
SPECIAL WARRANTY DEED
(Detention Pond Land)
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.
CHICAGO TITLE
Date: May 14, 2021 —g �- Z P
GF#
Grantor: CROWLEY HAMILTON VILLAS LLC, a Texas limited liability company
Grantee: BT COLE THREE, LLC, a Texas limited liability company
Grantee's Mailing Address: 12801 North Central Expressway, Suite 1675, Dallas,Texas 75243
Consideration:
TEN AND N0/100 DOLLARS ($10.00) and other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged.
Property(including any improvements):
The real property described on Exhibit"A" attached hereto and incorporated herein by reference
together with (1) all buildings, structures, fixtures, and improvements located on, in, or under the
real property, and (2)all of Grantor's right,title, and interest in and to the appurtenances to the real
property, including but not limited to all right, title, and interest of Grantor in and to all roads,
rights-of-way, alleys, drainage facilities, easements), and utility facilities on, in, over, under,
through, or adjoining the real property; all oil, gas, and other minerals under the real property; all
strips and gores between the described real property and abutting properties; and all utility, access,
and development rights (collectively, "Property"), except as set forth in the Exceptions to
Conveyance below.
Reservations from Conveyance:None
Exceptions to Conveyance and Warranty:
Those matters listed on Exhibit "B" attached hereto and incorporated herein by this
reference.
Grantor, for the Consideration set forth above, the receipt and sufficiency of which are
acknowledged, has GRANTED, BARGAINED, SOLD,AND CONVEYED and, subject to the
Exceptions to Conveyance and Warranty, does hereby GRANT, BARGAIN, SELL, AND
CONVEY to Grantee the Property, together with all and singular the rights and appurtenances
thereto in any way belonging, to have and to hold it to Grantee and Grantee's heirs, successors,
SPECIAL WARRANTY DEED Page 1 of 7
Exhibit E
Page 3 of 8
and assigns forever. Grantor binds Grantor and Grantor's heirs and successors to warrant and
forever defend all and singular the Property to Grantee and Grantee's heirs, successors, and assigns
against every person whomsoever lawfully claiming or to claim the same or any part thereof when
the claim is by, through, or under Grantor but not otherwise.
GRANTEE ACKNOWLEDGES AND AGREES THAT EXCEPT TO THE EXTENT
EXPRESSLY SET FORTH IN THE COMMERCIAL EARNEST MONEY AGREEMENT
(REAL ESTATE PURCHASE AGREEMENT) BETWEEN GRANTOR AS "SELLER"
AND GRANTEE AS "BUYER" HAVING AN EFFECTIVE DATE OF OCTOBER 28,2020
(THE "AGREEMENT"), GRANTOR HAS MADE NO REPRESENTATIONS OR
WARRANTIES CONCERNING THE PROPERTY BUT RATHER GRANTEE IS
PURCHASING THE PROPERTY IN RELIANCE UPON GRANTEE'S OWN
INVESTIGATIONS, STUDIES AND INSPECTIONS AND GRANTEE ACCEPTS THE
PROPERTY IN "AS IS" CONDITION AND WITH ALL FAULTS. EXCEPT AS
EXPRESSLY SET FORTH IN THE AGREEMENT, GRANTOR HAS NOT MADE, AND
SPECIFICALLY DISCLAIMS,ANY REPRESENTATIONS,WARRANTIES,OR OTHER
AGREEMENTS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, ORAL OR
WRITTEN, CONCERNING: A.THE VALUE OR CONDITION OF THE PROPERTY; B.
THE SUITABILITY OF THE PROPERTY FOR ANY PARTICULAR USE; C. THE
EXISTENCE OR NONEXISTENCE OF ANY HAZARDOUS MATERIALS THAT MAY
BE LOCATED ON OR UNDER THE PROPERTY; D. THE ACCURACY OF ANY
CALCULATION OF AREA OF THE PROPERTY; OR E.ANY OTHER MATTER WITH
RESPECT TO THE PROPERTY. HAVING BEEN GIVEN THE OPPORTUNITY TO
INSPECT THE PROPERTY, GRANTEE IS RELYING SOLELY ON GRANTEE'S OWN
INVESTIGATION OF THE PROPERTY, AND ANY EXPRESS REPRESENTATIONS
AND AGREEMENTS MADE BY GRANTOR IN WRITING IN THE AGREEMENT,AND
NOT ON ANY OTHER INFORMATION PROVIDED BY GRANTOR OR BY ANY
EMPLOYEE OR AGENT OF Grantor. GRANTOR IS NOT LIABLE FOR ANY
STATEMENTS, REPRESENTATIONS, OR INFORMATION FURNISHED BY ANY
REAL ESTATE BROKER, AGENT, OR OTHER PERSON. EXCEPT FOR ANY
EXPRESS REPRESENTATIONS SET FORTH IN WRITING IN THE AGREEMENT,
THE SALE OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, IN ITS PRESENT
CONDITION AND WITH ALL FAULTS.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR:
CROWLEY HAMILTON VILLAS LLC
a Texas limited liability company
By:
Lin Zou, Manager
SPECIAL WARRANTY DEED Page 2 of 7
Exhibit E
Page 4 of 8
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on May , 2021, by Lin Zou, as
Manager on behalf of Grantor,Crowley Hamilton Villas LLC,a Texas limited liability company,
as the binding act of Grantor and for the purposes and consideration therein.provided.
L-- ,/
Signs re ofN P blic
;2o�*RYP �2;; RUSSELLREID My commis sio xpires: 7/ ��
�. b= My Notary ID#128325524
moires July 12,2022
SPECIAL WARRANTY DEED Page 3 of 7
Exhibit E
Page 5 of 8
EXHIBIT A
LEGAL DESCRIPTION
BEING A 0.6094 ACRE TRACT OF LAND OUT OF THE JUAN ARMENDARIS SURVEY,
ABSTRACT NO.1767 AND SITUATED IN TARRANT COUNTY, TEXAS, SAID 0.6094
ACRE TRACT BEING A PORTION OF THE SAME TRACT OF LAND DESCRIBED IN
DEED TO BMH CROWLEY, LP RECORDED IN INSTRUMENT NO.DD209011930 OF THE
OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BASIS OF
BEARING IS THE SOUTH LINE OF SUBJECT TRACT BEING NORTH 89 DEGREES 12
MINUTES 18 SECONDS WEST;
BEGINNING AT A POINT FOR THE NORTHEAST CORNER OF LOT 30, BLOCK 1, THE
BRIDGES, AN ADDITION TO TARRANT COUNTY ACCORDING TO THE PLAT
THEREOF RECORDED IN INSTRUMENT NO. D214268473 OF SAID RECORDS AND
BEING IN THE WEST RIGHT-OF-WAY LINE OF TOBIN DRIVE, SAID POINT BEING THE
SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 89 DEGREES 12 MINUTES 18 SECONDS WEST, ALONG THE NORTH
LINE OF SAID THE BRIDGES, SAME BEING THE SOUTH LINE OF SAID BMH
CROWLEY TRACT, 306.59 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE NORTH 00 DEGREES 47 MINUTES 42 SECONDS EAST, OVER AND ACROSS
SAID BMH CROWLEY TRACT, 120.00 FEET TO A POINT FOR THE NORTHWEST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 89 DEGREES 12 MINUTES 31 SECONDS EAST, OVER AND ACROSS
SAID BMH CROWLEY TRACT, 82.06 FEET TO A POINT OF CURVATURE OF A CURVE
TO THE RIGHT;
THENCE OVER AND ACROSS SAID BMH CROWLEY TRACT,ALONG SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 125.00 FEET AN ARC LENGTH OF 62.48 FEET, A
CENTRAL ANGLE OF 28 DEGREES 38 MINUTES 15 SECONDS,A CHORD THAT BEARS
SOUTH 74 DEGREES 53 MINUTES 24 SECONDS EAST A CHORD DISTANCE OF 61.83
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 60 DEGREES 34 MINUTES 16 SECONDS EAST, OVER AND ACROSS
SAID BMH CROWLEY TRACT, 172.73 FEET TO A POINT OF CURVATURE OF A CURVE
TO THE RIGHT;
THENCE OVER AND ACROSS SAID BMH CROWLEY TRACT, ALONG SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 26.43 FEET, A
CENTRAL ANGLE OF 60 DEGREES 34 MINUTES 16 SECONDS, A CHORD THAT BEARS
SPECIAL WARRANTY DEED Page 4 of 7
Exhibit E
Page 6 of 8
THENCE OVER AND ACROSS SAID BMH CROWLEY TRACT,ALONG SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 26.43 FEET, A
CENTRAL ANGLE OF 60 DEGREES 34 MINUTES 16 SECONDS,A CHORD THAT BEARS
SOUTH 30 DEGREES 17 MINUTES 08 SECONDS EAST, A CHORD DISTANCE OF 25.22
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, OVER AND ACROSS
SAID BMH CROWLEY TRACT, 0.35 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.6094 ACRES (26,544 SQUARE FEET)OF LAND, MORE OR LESS.
EASEMENT ESTATE:
Easement Estate created in that certain Temporary Construction Easement for Access to Construct
Detention Pond executed by BMH Crowley, LP,a Texas limited partnership to Crowley Hamilton
Villas LLC, a Texas limited liability company,dated May 4,2021, filed May 6,2021,recorded in
Clerk's File No. D221128599, Real Property Records,Tarrant County, Texas.
NOTE: GRANTOR IS NOT MAKING ANY REPRESENTATION AS TO THE AREA OR
QUANTITY OF THE LAND. ANY STATEMENT IN ANY DESCRIPTION OF THE
AREA OR QUANTITY OF LAND IS NOT A REPRESENTATION THAT SUCH AREA
OR QUANTITY IS CORRECT.
SPECIAL WARRANTY DEED Page 5 of 7
Exhibit E
Page 7 of 8
EXHIBIT B
EXCEPTIONS FROM CONVEYANCE AND WARRANTY
1. Any shortages in area.
2. Standby fee, taxes and assessments by any taxing authority for the year 2021 and
subsequent years; and subsequent taxes and assessments by any taxing authority for prior years
due to change in land usage or ownership.
3. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals,
together with all rights, privileges, and immunities relating thereto, appearing in the Public
Records whether listed in this Exhibit B or not. There may be leases, grants, exceptions or
reservations of mineral interest that are not listed.
4. Easement(s) and rights incidental thereto, as granted in a document:
Granted to: City of Fort Worth
Purpose: As provided in said document
Recording Date: October 15, 2002
Recording No: Volume 16057,Page 47, Real Property Records,Tarrant County,Texas
Affects: Tract 1 only.
5. Lease for coal,lignite,oil,gas or other minerals,together with rights incident thereto,dated
December 14,2004,by and between TLH Realty Investments,Ltd.,as Lessor,and FSOC Gas Co.,
Ltd., as Lessee,recorded December 15,2004 at under Clerk's File No. D204386464 of the Official
Records of Tarrant County, Texas. Reference to which instrument is here made for particulars.
Affected by documents recorded under Clerk's File No(s). D205248762, D205216755,
D206129179, D209113908 and D217195378, Real Property Records,Tarrant County, Texas.
6. Interest in and to all coal,lignite,oil,gas and other minerals,and all rights incident thereto,
contained in instrument dated August 31,2006,recorded September 1, 2006 at under Clerk's File
No(s). D206273 1 8 1 of the Official Records of Tarrant County, Texas. Reference to which
instrument is here made for particulars.
7. Any rights, interests,or claims which may exist or arise by reason of the following matters
disclosed by survey,
Job No.: 18031
Dated: August 25, 2018
Prepared by: Jason B. Rawlings, RPLS 5665
Matters Shown: Fence protruding or encroaching north, as shown.
8. Terms, conditions, and provisions contained in that certain Special Warranty Deed
executed by BMH Crowley, LP, a Texas limited partnership to Crowley Hamilton Villas LLC, a
SPECIAL WARRANTY DEED Page 6 of 7
Exhibit E
Page 8 of 8
Texas limited liability company, dated May 4, 2021, filed May 6, 2021, recorded in Clerk's File
No. D221128598, Real Property Records,Tarrant County,Texas.
9. Terms, conditions, and provisions contained in that certain Temporary Construction
Easement for Access to Construct Detention Pond executed by BMH Crowley,LP,a Texas limited
partnership to Crowley Hamilton Villas LLC, a Texas limited liability company, dated May 4,
2021,filed May 6,2021,recorded in Clerk's File No.D221128599,Real Property Records,Tarrant
County,Texas.
SPECIAL WARRANTY DEED Page 7 of 7