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HomeMy WebLinkAboutContract 61225Date Received: 4/4/2024 Permit No.: SWFMA-23-0054 Time Received: 2:46 p..m. City Secretary No.: 61225 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 4th day of April 2024 , by and between TPHMI DFW 4047, LLC, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as tracts of land situated in the James Righley Survey, Abstract No. 1268, and the M.E.P. & P.RR. Co. Survey, Abstract No. 1129 and 1130, Tarrant County, Texas according to the deed recorded in Document No. D221367748, Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Laprelle Phase 1, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of storm water within the confines of the Property; and; WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on -site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and 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 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev. 03/01/2022 BN FT. WORTH, TX 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. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 03/01/2022 BN 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 (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 03/01/2022 BN 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 FACILITY 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 boundaries of the Property in which the Facility is located as outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the boundaries of the Property in which the Facility is located, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such boundaries of the Property in which is Facility is located, 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 owner's association. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 03/01/2022 BN Executed this 4th day of April CITY OF FORT WORTH C3uX1,iG Dana BurghdoH (Apr ,20241 CDT) Dana Burghdoff Assistant City Manager City of Fort Worth Date: Apr 4, 2024 20 24 LANDOWNER TPHMI DFW 4047, LLC a Delaware limited liability company By: Tri Pointe Homes DFW, LLC a Texas limited liability company Its: Administrative Member By: Bruce French Its: Vice President Approved as to Form and Legality: Date: L-I 1Zf z�F ,��// ✓�f�iieus /�,- Matthew Murray Senior Assistant City Attorney Contract Compliance Manager: City Attorney's Office By signing, I acknowledge that I am the A r 4 2024 Date: p person responsible for the monitoring and administration of this contract, cF FORTa� including ensuring all performance and ATTEST: °°9°,d reporting requirements. 'Nb nEXA`Qo4p �,/A� Rebecca Owen (Apr 4, 2024 09:40 CDT) Jannette S. Goodall Rebecca Owen City Secretary Planning Manager Date: Apr 4, 2024 Date: Apr 4, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 03/01/2022 BN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on April 4th, 2024 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. YP(BROOKE BONNELL a Notary Public Ar * STATE OF TEXAS N>y�P Notary I.D. 134009525 OF My Comm. Exp. Oct. 11, 2026 LANDOWNER STATE OF kli-S COUNTY OF III" Brooke Bonnell (Apr 4, 2024 13:43 CDT) Notary Public, State of Texas § BEFORE ME, the undersigned authority, a Notary Public in and for the State of -T2X uS , on this day personally appeared Bruce French, 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 TPHMI DFW 4047, LLC, a Delaware limited liability company, and in the capacity therein stated. of . W\ GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2- , 20 2`f MICHELLE DIANNE BOX o` .-1.�.�.. s Notary Public, State of Texas Comm. Expires 04-18-2026 Notary ID 13366484 Notary Public, State of day STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev. 03/01/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN EXHIBIT "Al" 3 a r co N M N N O 4 N O N LEGAL DESCRIPTION BEING, all of that 17.473 acre (761,120 square foot) tract of land situated in the James Righley Survey, Abstract No. 1268, in the City of Fort Worth, Tarrant County, Texas; being part of that tract of land described in Special Warranty Deed to TPHMI DFW 4047, LLC as recorded in Instrument No. D221367748 of the Official Public Records of Tarrant County, Texas; said 17.473 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING, at the southwest corner of said TPHMI tract; said point being in the center of Blue Mound Road (County Road No. 4047) (a generally recognized public right-of-way, no record of dedication found); THENCE, North 00 degrees 26 minutes 01 seconds West, departing the center of said Blue Mound Road and with the west line of said TPHMI tract, at a distance of 14.18 feet passing a 5/8-inch iron rod with "BGE" cap found at the southeast corner of that called 112.740 acre tract of land described in General Warranty Deed to Park Ridge JVM, LLC, Park Ridge Morash, LLC and Park Ridge Hudler, LLC as recorded in Instrument No. D222227262 of said Official Public Records, continuing in all a total distance of 520.78 feet to a point; from said point a 5/8-inch iron rod with "BROOKES BAKER" cap found in the west line of said TPHMI tract bears North 00 degrees 26 minutes 01 seconds West, a distance of 2,317.04 feet; THENCE, North 89 degrees 33 minutes 59 seconds East, departing the west line of said TPHMI tract and the east line of said 112.740 acre tract, a distance of 60.00 feet to the POINT OF BEGINNING; THENCE, North 00 degrees 26 minutes 01 seconds West, a distance of 735.13 feet to a point for corner; THENCE, North 89 degrees 55 minutes 43 seconds East, a distance of 375.67 feet to a point for corner; THENCE, South 42 degrees 28 minutes 19 seconds East, a distance of 168.19 feet to a point for corner; THENCE, South 11 degrees 36 minutes 29 seconds East, a distance of 89.37 feet to a point for corner; THENCE, South 23 degrees 38 minutes 28 seconds East, a distance of 38.60 feet to a point for corner; THENCE, North 85 degrees 19 minutes 35 seconds East, a distance of 359.29 feet to a point for corner; THENCE, South 51 degrees 23 minutes 03 seconds East, a distance of 38.61 feet to a point for corner; THENCE, South 01 degrees 43 minutes 23 seconds West, a distance of 558.13 feet to a point for corner; THENCE, South 32 degrees 06 minutes 14 seconds West, a distance of 120.25 feet to a point for corner; THENCE, South 70 degrees 41 minutes 35 seconds West, a distance of 118.19 feet to a point for corner; BGE, Inc. � ' 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2024 STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE JAMES RIGHLEY SURVEY, ABSTRACT NO. 1268, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS FEBRUARY 2024 SHEET 1 OF 2 EXHIBIT "Al" U) N co O N N O CD N N THENCE, South 24 degrees 29 minutes 49 seconds West, a distance of 186.18 feet to a point for corner; THENCE, North 88 degrees 00 minutes 59 seconds West, a distance of 131.17 feet to a point for corner; THENCE, North 11 degrees 13 minutes 21 seconds West, a distance of 226.37 feet to a point for corner; THENCE, North 72 degrees 14 minutes 38 seconds West, a distance of 43.06 feet to a point for corner; THENCE, South 54 degrees 31 minutes 29 seconds West, a distance of 219.14 feet to a point for corner; THENCE, South 64 degrees 39 minutes 59 seconds West, a distance of 87.31 feet to a point for corner; THENCE, North 36 degrees 22 minutes 05 seconds West, a distance of 108.80 feet to a point for corner; THENCE, North 24 degrees 15 minutes 45 seconds West, a distance of 231.49 feet to a point for corner; THENCE, North 77 degrees 21 minutes 09 seconds West, a distance of 2.86 feet to the POINT OF BEGINNING and containing an area of 17.473 acres or 761,120 square feet of land, more or less. NOTES: A survey plat of even survey date accompanies this legal description. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. L. 1 02/27/2024 Rene Silvas [Date] RPLS No. 5921 BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 .Tom Tel:817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2024 eec G�STER,!e� eeeee..eeeeeeee... RENT SILVAS A 5921 „a SU STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE JAMES RIGHLEY SURVEY, ABSTRACT NO. 1268, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS FEBRUARY 2024 SHEET 2 OF 2 EXHIBIT "Al" 3 a r Co N M N N O V N CD N 5/8-INCH IRON ROD W/ "BROOKES BAKER" CAP FOUND - IT-1 "\i P.O.B. i1 III I I L3 AMENDMENT TO OIL AND GAS LEASE PROPOSED 30' ACCESS ROAD (VOL. 15633, PG. 182) D.R.T.C.T. ELECTRIC LINE EASEMENT (INST. NO. D207395588) O.P.R.T.C.T. � I I I STORM WATER MAINTENANCE 17.473 ACRES (761,120 SQ. FT.) I 0 L5 L7 I I ONCOR I CCOMPANYLLLC IEASEMIENTY (INST. NO. D216015165) O.P.R.T.C.T. I I I I I IL20�1--------� I I I � 04 LO III n 111�� I I � 3 I 1 i <1 I III z L�I It cIRF James Righley Survey, I I I I 1 14.18' Abstract NO. 1268 AMENDMENT TO OIL AND GAS LEASE PROPOSED DRILL SITE PAD 4 (VOL. 15633, PG. 182) D.R.T.C.T. L13 (V N, BLUE MOUND ROAD P. O. C(COUNTY ROAD No. 4047) . O1 (NO RECORD OF DEDM.ATION FOUND ON SUBJECT PROPERTY. IW WIDE PUBLIC R.O.W.) NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 T:om Te1:817-887-6130 www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2024 FACILITIES AGREEMENT TPHMI DFW 4047, LLC (INST. NO. D221367748) O.P.R.T.C.T. rn J V LEGEND ❑ /M.R.D. MONUMENT OF RECORD DIGNITY CIRF 5/8-INCH IRON ROD W/ "BGE" CAP FOUND INST. NO. INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY, TEXAS VOL. VOLUME PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING PROPOSED EASEMENT LINE ---- PROPERTY LINE — — — — — — EXISTING EASEMENT LINE 0 100 200 SCALE: 1" = 200' N STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE JAMES RIGHLEY SURVEY, ABSTRACT NO. 1268, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS FEBRUARY 2024 SHEET 1 OF 2 EXHIBIT "Al" 3 a r 00 N M N N O V N O N OWNERSHIP TABLE RIDS OPPORTUNITY FUND, LLC O (INST. NO, D219256890) O.P.R.T.C.T. PARK RIDGE JVM, LLC, PARK RIDGE MORASH, LLC, O AND PARK RIDGE HUDLER, LLC (INST. NO, D222227262) 0.P.R.T.C.T. LINE TABLE NUMBER BEARING DISTANCE L1 N 89'33'59" E 60.00' L2 N 00'26'01 " W 735.13' L3 N 89'55'43" E 375.67' L4 S 42*28'19" E 168.19' L5 S 11'36'29" E 89.37' L6 S 23'38'28" E 38.60' L7 N 85'19'35" E 359.29' L8 S 51'23'03" E 38.61' L9 S 01'43'23" W 558.13' L10 S 32*06'14" W 120.25' NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 T:om Te1:817-887-6130 www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2024 LINE TABLE NUMBER BEARING DISTANCE L11 S 70'41'35" W 118.19' L12 S 24'29'49" W 186.18' L13 N 88'00'59" W 131.17' L14 N 11'13'21" W 226.37' L15 N 72*14'38" W 43.06' L16 S 54'31'29" W 219.14' L17 S 64'39'59" W 87.31' L18 N 36'22'05" W 108.80' L19 N 24*15'45" W 231.49' L20 N 77'21'09" W 2.86' STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE JAMES RIGHLEY SURVEY, ABSTRACT NO. 1268, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS FEBRUARY 2024 SHEET 2 OF 2 EXHIBIT "A2" LEGAL DESCRIPTION BEING, all of that 5.520 acre (240,434 square foot) tract of land situated in the M.E.P. & P. RR. Co. Survey, Abstract No. 1130, in the City of Fort Worth, Tarrant County, Texas; being part of that tract of land described in Special Warranty Deed to TPHMI DFW 4047, LLC as recorded in Instrument No. D221367748 of the Official Public Records of Tarrant County, Texas; said 5.520 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING, at a point for the southwest corner of said TPHMI tract; said point being in the center of Blue Mound Road (County Road No. 4047) (a generally recognized public right-of-way, no record of dedication found); from said point a 5/8-inch iron rod with "BGE" cap found at the southeast corner of that called 112.740 acre tract of land described in General Warranty Deed to Park Ridge JVM, LLC, Park Ridge Morash, LLC and Park Ridge Hudler, LLC as recorded in Instrument No. D222227262 of said Official Public Records bears North 00 degrees 26 minutes 01 seconds West, a distance of 14.18 feet and from said point a 5/8-inch iron rod with "BROOKES BAKER" cap found in the west line of said TPHMI tract of bears North 00 degrees 26 minutes 01 seconds West, a distance of 2,837.82 feet; THENCE, South 89 degrees 57 minutes 19 seconds East, along the south line of said TPHMI tract and the said center of Blue Mound Road, a distance of 1,345.05 feet to a point; THENCE, North 00 degrees 02 minutes 41 seconds East, departing the south line of said TPHMI tract and the said center of Blue Mound Road, a distance of 101.01 feet to the POINT OF BEGINNING; THENCE, North 00 degrees 01 minutes 05 seconds East, a distance of 449.44 feet to a point for corner; said point being the beginning of a non -tangent curve to the left; THENCE, in a northeasterly direction, along said curve to the left, an arc length of 202.99 feet, having a radius of 1,068.00 feet, a central angle of 10 degrees 53 minutes 23 seconds, and a chord which bears North 70 degrees 28 minutes 08 seconds East, 202.68 feet to a point for corner; THENCE, South 03 degrees 56 minutes 16 seconds East, a distance of 99.89 feet to a point for corner; THENCE, South 20 degrees 10 minutes 13 seconds East, a distance of 105.32 feet to a point for corner; THENCE, South 39 degrees 39 minutes 08 seconds East, a distance of 113.99 feet to a point for corner; THENCE, South 78 degrees 59 minutes 45 seconds East, a distance of 56.23 feet to a point for corner; THENCE, North 08 degrees 03 minutes 01 seconds East, a distance of 137.44 feet to a point for corner; said point being the beginning of a non -tangent curve to the left; THENCE, in a northeasterly direction, along said curve to the left, an arc length of 132.05 feet, having a radius of 60.00 feet, a central angle of 126 degrees 06 minutes 10 seconds, and a chord which bears North 34 degrees 59 minutes 56 seconds East, 106.97 feet to a point for corner; THENCE, North 52 degrees 21 minutes 12 seconds East, a distance of 275.99 feet to a point for corner; THENCE, South 37 degrees 38 minutes 48 seconds East, a distance of 110.00 feet to a point for corner; THENCE, North 52 degrees 21 minutes 12 seconds East, a distance of 71.24 feet to a point for corner; said point being the beginning of a non -tangent curve to the right; BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 T:om Te1:817-887-6130 www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 1 OF 2 EXHIBIT "A2" LEGAL DESCRIPTION THENCE, in a southeasterly direction, along said curve to the right, an arc length of 148.43 feet, having a radius of 300.00 feet, a central angle of 28 degrees 20 minutes 56 seconds, and a chord which bears South 14 degrees 07 minutes 47 seconds East, 146.92 feet to a point for corner; THENCE, South 00 degrees 02 minutes 41 seconds West, a distance of 49.65 feet to a point for corner; THENCE, West, a distance of 123.74 feet to a point for corner; THENCE, North 00 degrees 03 minutes 39 seconds West, a distance of 19.28 feet to a point for corner; THENCE, South 89 degrees 56 minutes 21 seconds West, a distance of 164.78 feet to a point for corner; THENCE, South 00 degrees 01 minutes 54 seconds East, a distance of 19.10 feet to a point for corner; THENCE, West, a distance of 50.60 feet to a point for corner; THENCE, South, a distance of 376.38 feet to a point for corner; THENCE, North 89 degrees 45 minutes 17 seconds West, a distance of 260.37 feet to a point for corner; THENCE, South 88 degrees 44 minutes 55 seconds West, a distance of 169.16 feet to a point for corner; THENCE, North 74 degrees 10 minutes 16 seconds West, a distance of 8.08 feet to a point for corner; THENCE, North 89 degrees 58 minutes 55 seconds West, a distance of 44.42 feet to the POINT OF BEGINNING and containing an area of 5.520 acres or 240,434 square feet of land, more or less. NOTES: A survey plat of even survey date accompanies this legal description. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. 1 f I 6/12/2023 Rene Silvas RPLS No. 5921 [Date] BGE, Inc. � ' 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 +�c G\STE .............. RENT SILVAS .............. 0 5921 SUR\4 STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 2 OF 2 EXHIBIT "A2" 3 a r 00 M M N 0 M (V O N LEGEND ❑ /M.R.D. MONUMENT OF RECORD DIGNITY CIRF 5/8-INCH IRON ROD W/"BGE" CAP FOUND INST. NO. INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY, TEXAS VOL. PG. VOLUME PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING PROPOSED EASEMENT LINE (� ---- PROPERTY LINE• ------ EXISTING EASEMENT LINE 5/8-INCH IRON ROD W/ "BROOKES BAKER" CAP FOUND STORM WATER FACILITIES MAINTENANCE AGREEMENT 5.520 ACRES (240,434 SQ. FT.) � r r cV oci oc P. cV 3 0 F4 t' O O Z CIRF 14.18' S 89'57'19" E 1,345.05' 1 P.O.C. � NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 T:om Te1:817-887-6130 www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 n I (INST. NO. D221367748) I O.P.R.T.C.T. �I BLUE MOUND ROAD (COUNTY ROAD No. 4047) (NO RECORD OF DEDICATION FOUND ON SUBJECT PROPERTY, 60' WIDE PUBLIC R.O.W.) 0 50 100 SCALE:1�' N STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 1 OF 3 N H W W 2 W W rn W z M 2 CQ G EXHIBIT "A2" 3 a r 00 co 66 N co 0 N N N N 61 $ TPHMI DFW 4047, LLC (INST. NO. D221367748) co '� O.P.R.T.C.T. 10 v I I u► L15 L14 L13 J L16 L L1 w2 I l W I I �I� I I W I I y FIFTH AMENDMENT OF I I OIL AND GAS LEASE I W I NEW PAD Z (INST. NO. D206192897) I J I I D.R.T.C.T. VI I PIPELINE RIGHT—OF—WAY AGREEMENT l OIPSR.TC.T.D208095594) IJ i I I I STORM WATER I I FACILITIES MAINTENANCE I I AGREEMENT I 5.520 ACRES I LEGEND II I (240, 434 SQ. FT.) I ❑ /M.R.D. MONUMENT OF RECORD DIGNITY CIRF 5/8-INCH IRON ROD W/ "BGE" CAP FOUND I I I INST. NO. INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS I I I D.R.T.C.T. DEED RECORDS OF TARRANT L COUNTY, TEXAS VOLUME L1 8 L _ ] i PG. PAGE PG. I I P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING _ I PROPOSED EASEMENT LINE NOTES: ---- PROPERTY LINE A legal description of even survey date accompanies this — — — — — — EXISTING EASEMENT LINE survey plat. Bearing system for this survey is based on the North 0 50 100 American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central SCALE: 1 ° — 100' — Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. STORM WATER FACILITIES This survey was performed without the benefit of a title report. There may be easements and/or covenants MAINTENANCE AGREEMENT affecting the subject property that are not shown hereon. BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE BGE, Inc. M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, Main Street, Suite 1900, Fort worth, TX 76102 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Te1:817-887-6130 www.bgeinc.com TBPLS Registration No. 10194416 MAY 2023 Copyright2023 SHEET 2 OF 3 EXHIBIT "A2" a� 3 a r 00 M M N 0 co N O N OWNERSHIP TABLE RDS OPPORTUNITY FUND, LLC (INST. NO, D203226297) 0.P.R.T.C.T. PARK RIDGE JVM, LLC, PARK RIDGE MORASH, LLC, O AND PARK RIDGE HUDLER, LLC (INST. NO, D222227262) O.P.R.T.C.T. LINE TABLE I LINE TABLE NUMBER BEARING DISTANCE I NUMBER BEARING DISTANCE L1 N 00'02'41" E 101.01' I L12 N 90'00'00" W 123.74' L2 N 00'01'05" E 449.44' I L13 N 00'03'39" W 19.28' L3 S 03*56'16" E 99.89' I L14 S 89'56'21" W 164.78' L4 S 20*10'13" E 105.32' I L15 S 00'01'54" E 19.10' L5 S 3939'08" E 113.99' I L16 N 90'00'00" W 50.60' L6 S 78'59'45" E 56.23' L17 S 00'00'00" W 376.38' L7 N 08'03'01" E 137.44' I L18 N 89*45'17" W 260.37' L8 N 52*21'12" E 275.99' L19 S 88'44'55" W 169.16' L9 S 37'38'48" E 110.00' I L20 N 74*10'16" W 8.08' L10 N 52*21'12" E 71.24' I L21 N 89'58'55" W 44.42' L11 S 00'02'41" W 49.65' NUMBER DELTA C1 10'53'23" C2 126*06'10" C3 28'20'56" NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. CURVE TABLE RADIUS CHORD BEARING 1068.00' N 70'28'08" E 60.00' N 34'59'56" E 300.00' S 14'07'47" E BGE, Inc. � ' 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 CHORD ARC DISTANCE LENGTH 202.68' 202.99' 106.97' 132.05' 146.92' 148.43' STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 3 OF 3 EXHIBIT "AT' LEGAL DESCRIPTION BEING, all of that 2.245 acre (97,803 square foot) tract of land situated in the M.E.P. & P. RR. Co. Survey, Abstract No. 1130, in the City of Fort Worth, Tarrant County, Texas; being part of that tract of land described in Special Warranty Deed to TPHMI DFW 4047, LLC as recorded in Instrument No. D221367748 of the Official Public Records of Tarrant County, Texas; said 2.245 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING, at a point for the southwest corner of said TPHMI tract; said point being in the center of Blue Mound Road (County Road No. 4047) (a generally recognized public right-of-way, no record of dedication found); from said point a 5/8-inch iron rod with "BGE" cap found at the southeast corner of that called 112.740 acre tract of land described in General Warranty Deed to Park Ridge JVM, LLC, Park Ridge Morash, LLC and Park Ridge Hudler, LLC as recorded in Instrument No. D222227262 of said Official Public Records bears North 00 degrees 26 minutes 01 seconds West, a distance of 14.18 feet and from said point a 5/8-inch iron rod with "BROOKES BAKER" cap found in the west line of said TPHMI tract of bears North 00 degrees 26 minutes 01 seconds West, a distance of 2,837.82 feet; THENCE, South 89 degrees 57 minutes 19 seconds East, along the south line of said TPHMI tract and the said center of Blue Mound Road, a distance of 2,245.01 feet to a point; THENCE, North 00 degrees 02 minutes 41 seconds East, departing the south line of said TPHMI tract and the said center of Blue Mound Road, a distance of 85.09 feet to the POINT OF BEGINNING; THENCE, North 00 degrees 02 minutes 41 seconds East, a distance of 406.53 feet to a point for corner; THENCE, North 89 degrees 47 minutes 53 seconds East, a distance of 189.41 feet to a point for corner; THENCE, South 00 degrees 47 minutes 02 seconds West, a distance of 184.14 feet to a point for corner; THENCE, South 07 degrees 32 minutes 49 seconds East, a distance of 77.24 feet to a point for corner; said point being the beginning of a non -tangent curve to the left; THENCE, in a southeasterly direction, along said curve to the left, an arc length of 198.38 feet, having a radius of 65.00 feet, a central angle of 174 degrees 52 minutes 13 seconds, and a chord which bears South 79 degrees 25 minutes 28 seconds East, 129.87 feet to a point for corner; THENCE, North 89 degrees 47 minutes 53 seconds East, a distance of 63.75 feet to a point for corner; THENCE, South 00 degrees 09 minutes 50 seconds East, a distance of 121.07 feet to a point for corner; THENCE, South 00 degrees 09 minutes 50 seconds East, a distance of 22.23 feet to a point for corner; THENCE, North 89 degrees 57 minutes 19 seconds West, a distance of 53.32 feet to a point for corner; BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 T:om Te1:817-887-6130 www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 1 OF 2 EXHIBIT "A3" 3 a r Lo 0 co N 0 N LEGAL DESCRIPTION THENCE, North 00 degrees 01 minutes 54 seconds East, a distance of 21.93 feet to a point for corner; THENCE, South 89 degrees 43 minutes 50 seconds West, a distance of 335.87 feet to the POINT OF BEGINNING and containing an area of 2.245 acres or 97,803 square feet of land, more or less. NOTES: A survey plat of even survey date accompanies this legal description. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. OF j,�,A .. d....... i.:.......4.. SILVAS Rene Silvas [Date] .•.•.•.RENI� RPLS No. 5921 A 5921 SUR BGE, Inc. � ' 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 2 OF 2 EXHIBIT "AT' a� 3 a r a M O co N O N LEGEND ❑ /M.R.D. MONUMENT OF RECORD DIGNITY CIRF 5/8-INCH IRON ROD W/"BGE" CAP FOUND INST. NO. INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY, TEXAS VOL. VOLUME PG. PAGE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING PROPOSED EASEMENT LINE ---- PROPERTY LINE ------ EXISTING EASEMENT LINE 5/8-INCH IRON ROD W/ "BROOKES BAKER" CAP FOUND O cV Cq n M 00 R. 3 0 F4 O Z CIRF 14.18' S 89'57'19" E P.O.C. J L' J 2,245.01' �I 0❑ NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 T:om Te1:817-887-6130 www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 STORM WATER ".1e�, FACILITIES MAINTENANCE 9� r—AGREEMENT G°�13� 2.245 ACRES°. (97,803 SQ. FT.) L3 �b — — — — — — — — — — — I � J AGREEMENT TO AMEND OIL AND GAS LEASE PROPOSED DRILL SITE PAD 6 (VOL. 15908, PG. 360) D.R.T.C.T. SURFACE USE AGREEMENT (INST. NO. D221355297) O.P.R.T.C.T. TPHMI DFW 4047, LLC (INST. NO. D221367748) O.P.R.T.C.T. C1 r- J I I L11 L10 I 00 P.O.B. ILs I I BLUE MOUND ROAD (COUNTY ROAD No. 4047) (NO RECORD OF DEDICATION FOUND ON SUBJECT PROPERTY, 60' WIDE PUBLIC R.O.W.) 0 50 100 SCALE:1 100' N STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 1 OF 2 EXHIBIT "A3" 3 a r a M N 0 CD N N N OWNERSHIP TABLE RDS OPPORTUNITY FUND, LLC (INST. NO, D203226297) 0.P.R.T.C.T. PARK RIDGE JVM, LLC, PARK RIDGE MORASH, LLC, O AND PARK RIDGE HUDLER, LLC (INST. NO, D222227262) 0.P.R.T.C.T. LINE TABLE LINE TABLE NUMBER BEARING DISTANCE NUMBER BEARING DISTANCE L1 N 00'02'41" E 85.09' L7 S 00'09'50" E 121.07' L2 N 00'02'41" E 406.53' L8 S 00'09'50" E 22.23' L3 N 89'47'53" E 189.41' L9 N 89*57'19" W 53.32' L4 S 00'47'02" W 184.14' L10 N 00'01'54" E 21.93' L5 S 07'32'49" E 77.24' L11 S 89'43'50" W 335.87' L6 N 89'47'53" E 63.75' NUMBER DELTA C1 174'52'13" NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. CURVE TABLE RADIUS CHORD BEARING 65.00' S 79'25'28" E BGE, Inc. � ' 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 • www.bgeinc.com TBPLS Registration No. 10194416 Copyright 2023 CHORD ARC DISTANCE LENGTH 129.87' 198.38' STORM WATER FACILITIES MAINTENANCE AGREEMENT BEING PART OF THE TPHMI DFW 4047, LLC TRACT SITUATED IN THE M.E.P. & P. RR CO. SURVEY, ABSTRACT NO. 1130, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS MAY 2023 SHEET 2 OF 2 T� AVONDALE HASL ZE0RT 'aKW It RD SITE I r BLUXMD �,p 1 I I I i � COUNTRY LANE 81 Q 0 BON R NCH RC ' `r- c Q w k' a_o � 0 Z U O � w VICINITY MAP (Not to Scale) Inc. 2595 2595 Dallas Parkway, Suite 101, Frisco, TX 75034 Tel 972-464-4800 • www.bge.com TBPE Registration No. F-1046 LAPRELLE PHASE 1 EXHIBIT "B" VICINITY MAP SCALE. CPN # I DATE. 104625 JAN 2024 EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 03/01/2022 BN GAS GAS GAS GAS GA� GAcI 11 I I SWFMA-17S 3 I 4 I� I III -J \ �II I]0'ONCOREELECTNT EELE TRIC Im E ECTRicAL E4SEMENT I I ` MAINTENANCE I \ \ 7;11 5 ACCESS RAMP m _ z \ � I J� n 4 m x = , x m 7° -- GAS — GAS NEA n 16. /o p / VIE S ERN + o = z/ POND #1 I�`n BOTTOM:770.0 TOP:774.4 o c> n 100 YR WSE: 773.28 > i y n imo I SECTION -C2 I A O„ F Tw � Z I I I I o o 25.0 ��-% / -7.9% a it � w 0 11.9% it I o i; N w �l —GAS GAS� 1 A� Go I/ / PA6 ESE ENTL PS w � Inc. 2595 2695 Dallas Parkway, Suite 101, Frisco, TX 75034 Tel: 972-464-4800 • www.bge.com TBPE Registration No. F-1046 LAPRELLE PHASE 1 GRAPHIC SCALE o so' 120' EXHIBIT "B1.A" DETENTION POND PLAN ( IN FEET) 1 inch = 120' ft. SCALE: CPN #: DATE: 104625 JAN 2024 4` WESTERN POND 1 WEIR a:1 758 LF SECTION C-Cl N.T.S 350' 127' SECTION C-C N.T.S Emergency Spillway Western Pond 1 (RECTANGULAR WEIR) Head 1.20 ft Width 350.00 ft C 3.33 R'IIRQocr. 1532.09 cfs TOP ELEV 774.48 4:1 WEIR ELEV 773.28 100 YR WSE 773.28 TOP ELEV 774.9 100 YR WSE 773.28 4:1 BOT ELEV 770.0 4` 417 LF SECTION C-C2 N.T.S Western Pond 1 Elevation Area Inc. Vol. Cum. Vol. (ft) (acres) (acre-ft) (acre-ft) 770 1.083 0.000 0.000 771 3.774 2.428 2.428 772 5.264 4.519 6.948 773 5.772 5.518 12.466 774 6.192 5.982 18.448 TOP ELEV 774.9 / 100 YR WSE 773.28 /41 BOT ELEV 770.0 Inc. 2595 2595 Dallas Parkway, Suite 101, Frisco, TX 75034 1� Tel: 972-464-4800 • www.bge.com TBPE Registration No. F-1046 LAPRELLE PHASE 1 EXHIBIT "B1.A" DETENTION POND PLAN SCALE: CPN#: I DATE: 104625 JAN 2024