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Home My WebLink AboutContract 41479 CITY SECRETARY CONTRACT NO PUBLIC ACCESS EASEMENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § DATE: [14—, 2011 GRANTOR: THE HGC TRUST, RICHARD G. FAGIN, TRUSTEE THE LRI TRUST, RICHARD G. FAGIN, TRUSTEE THE DRM TRUST, RICHARD G. FAGIN, TRUSTEE THE SHC TRUST, KAREN F. EDWARDS, CO-TRUSTEE THE SHC TRUST, LAUREN F. BUTLER, CO-TRUSTEE GRANTOR'S MAILING ADDRESS: 4849 Greenville Avenue Suite 1690 Dallas, Dallas County, Texas 75206 Attention: Charles Edwards GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS: 1000 Throckmorton Street Fort Worth, Texas 76102 Attention: Allison Gray Planning and Development Department BENEFITTED PARTY: KB HOME LONE STAR INC. BENEFITTED PARTY'S MAILING ADDRESS: 2845 West Airport Freeway, Suite 140 Irving, Texas 75062 Attention: Marcia Dillon Executive VP— Sales, Marketing & Studio CONSIDERATION: Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. EASEMENT PROPERTY: The area more fully described on Exhibit A ("Easement Property") attached hereto and incorporated herein for all purposes. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX PROJECT: Public access way, together with all appurtenances and incidental improvements, on the Easement Property, including ingress and egress as needed for construction and maintenance of the public access facilities (the "Improvements"), and continuing on to Phase 6 of the Valley Brook Subdivision (the Improvements and the further continuation of the public access way are sometimes collectively referred to herein as the "Project") and the right of permanent vehicular and pedestrian public access, and the right and privilege at any and all times to enter upon the Easement Property, or any part thereof, as is necessary to the proper use of any other right granted herein. Appurtenances and incidental improvements include, but are not limited to, curbs, gutters, aprons, inlets, and underground storm sewer facilities. Said Easement Property is being dedicated by Grantor to Grantee, subject to the provisions herein, to serve as a secondary point of public access to Phase 6 of the Valley Brook Subdivision (the "Benefitted Property") described on the attached Exhibit B. The owner of said Benefitted Property is KB HOME Lone Star Inc. (the "Benefitted Party"). Grantor, for the Consideration paid to Grantor, grants to Grantee a non-exclusive easement (the "Easement") in, upon, and across the Easement Property, according to the terms, conditions, and limitations expressed herein. The Benefitted Party will be solely responsible for the planning, construction, completion and costs of both the Improvements and the Project. The Benefitted Party will be solely responsible for repair and maintenance of the Improvements until the earlier of (a) the "Development Date" (hereinafter defined), or (b) the date the Improvements are dedicated as public right-of-way to the City of Fort Worth by Grantor, its successors or assigns (the "Dedication Date"). The "Development Date" shall be the date upon which a certificate of occupancy is granted by the City of Fort Worth for a structure on Grantor's property, which property is more accurately described on attached Exhibit D ("Description of Grantor's Property"). It is distinctly understood and agreed that the Easement granted herein does not constitute a conveyance in fee of the Easement Property, nor of the minerals therein and thereunder, but grants only an easement subject to the following: a. All responsibilities of Benefitted Party described herein, including repair, maintenance, insurance, and indemnifications, shall automatically terminate on the Development Date (or the Dedication Date) solely for those events exclusively related to periods of time subsequent to such Development Date (or such Dedication Date, respectively), subject to the homeowner's association assuming responsibility for maintenance responsibilities as further provided herein. Upon a termination by virtue of the Development Date, maintenance responsibilities for the Easement Property shall be shared by the Grantor, or its successors or assigns, and the homeowner's association for Phase 6. Upon a termination by virtue of the Dedication Date, maintenance responsibilities for the Easement Property shall be assumed by the Grantee. Upon any sharing of the maintenance as provided herein, the Grantor, or its successors or assigns, as one party, the homeowner's association for Phase 6 of the Valley Brook Subdivision, as another party, will share responsibility pro rata for the costs to maintain the Improvements based on each party's respective use of the Improvements, as determined by standard use-based and equivalent-single-axle-load-based vehicle trip generation calculations by the City of Fort Worth, or by a qualified Traffic Engineer licensed to practice in the State of Texas and mutually selected by both Grantor and Benefitted Party. The Benefitted Party shall ensure that the homeowner's association for Phase 6 assumes responsibility for its pro rata share of the maintenance responsibilities prior to such a termination as described in this subsection. Notwithstanding any other provision in this Easement, the responsibilities of Benefitted Party for repair, maintenance, insurance, and indemnifications for all periods prior to the Development Date shall not terminate. b. After completion of the Project, in the event Grantor desires to materially relocate the Easement and Improvements, and said relocated facilities are provided which comply with City of Fort Worth specifications, and are acceptable to Grantee, the Benefitted Party agrees, that by Grantee's accepting of said relocated Easement, to abandon all right, title, and interest of the Benefitted Party, in and to this Public Access Easement Agreement. Upon said relocation, maintenance responsibilities for the Easement Property shall be assumed by the Grantor, its successors or assigns. As long as the City of Fort Worth recognizes the Easement Property as a secondary point of access for the Benefitted Property, said relocation shall be performed so as not to restrict the use of the Easement Property by the Benefitted Party or the City of Fort Worth, subject to sole and reasonable approval by the City of Fort Worth. C. The Easement is made subject to any and all existing easements, prescriptive rights, rights of way, leases, and subleases affecting the Easement Property, or any part thereof, whether of record or not, and all presently recorded matters that affect the Easement Property. The Easement is further made subject to all future easements, leases, and subleases to the extent the same do not unduly interfere with or materially disturb Grantee's use of the Easement Property. Specifically, without limitation, Grantor may grant other access easements across the Easement Property to serve other properties, including, without limitation, Grantor's retained property. d. Grantor expressly reserves all oil, gas, and other minerals owned by Grantor, in, on, and under the Easement Property, provided that Grantor shall not be permitted to drill or excavate for minerals on the surface of the Easement Property, but may extract oil, gas, or other minerals from and under the Easement Property by directional drilling or other means that do not materially interfere with or materially disturb Grantee's use of the Easement Property. e. There are no financial liens which will affect the title or right of the Grantor to convey this easement to the Grantee for the purposes as described herein. If such condition does exist, a signature with acknowledgment shall be included and made a part of this document conveying the rights and privileges contained herein. f. Benefitted Party hereby agrees to indemnify and hold harmless Grantor and its agents, partners, affiliates, and their respective officers, directors, employees, successors and assigns (the "Grantor Parties") from and against any and all claims, demands, damages, expenses or causes of action specifically including, but not limited to, reasonable attorneys' fees and costs of suit paid or incurred by Grantor Parties, that are caused by or arise out of acts or omissions of Benefitted Party, its agents, employees, representatives, or any other persons acting under its control or at its direction or request in connection with the Project. Benefitted Party's responsibility of indemnity shall apply regardless of any of the Grantor Parties approval of plans or inspection, approval or acceptance of the Improvements and notwithstanding any limitation on the amount or type of damages or compensation payable by or for Benefitted Party under Workers' Compensation, Disability, or other employee benefit acts, the acceptance of insurance certificates required under this agreement, or the terms, applicability, or limitations of any insurance held by Benefitted Party. g. If, in exercising Benefitted Party's rights in and to the Easement, Benefitted Party its agents, employees, representatives, or any other persons acting under its control or at its direction or request directly or indirectly causes any damage to the Easement Property out of acts or omissions not specifically provided by this Public Access Easement Agreement or any damage to any property of Grantor Parties, or any other property appurtenant thereto, or any improvements located on any property of Grantor Parties or on any other property appurtenant thereto, Benefitted Party shall, at Benefitted Party's sole cost and expense timely, but in no event later than thirty (30) days from the date the damage occurred, restore the Easement Property, all other such property, and/or such improvements to the original condition existing prior to the change or damage. h. Temporary Construction Easement. 1. Grantor, for the Consideration paid to Grantor, also grants to Grantee and Benefitted Party a temporary construction easement (the "Temporary Easement"), for the purpose of constructing the Improvements, in, upon, and across certain real property owned by Grantor, more fully described on Exhibit C ("Temporary Easement Property") attached hereto and incorporated herein for all purposes. 2 Upon completion of the initial construction of the Improvements, Benefitted Party shall restore and clean the surface of the Temporary Easement Property as close to the condition in which it was found before such work was undertaken as is reasonably practicable. 3. This Temporary Easement will automatically terminate and revert to the Grantor, free and clear of any right, title or interest in Grantee upon the earlier of the expiration of: (i) sixty (60) days after the date the City of Fort Worth finally accepts the Improvements under this Public Access Easement Agreement; or (ii) twenty-four (24) months following the execution of this instrument. i. Neither Grantor or Grantor Parties shall have any responsibility or liability for the planning, preparation or construction of the Improvements, or any costs or expenses associated therewith. The Benefitted Party is solely responsible for the construction of the planning, preparation and construction of the Improvements and any costs or expenses associated therewith. Benefitted Party shall be responsible for obtaining all the necessary permits and approvals required for commencing, constructing and timely completing the Improvements. Written lien waivers with respect to all of Grantor's property shall be obtained by all contractors and subcontractors and delivered to Grantor in advance of any portion of the construction of the Improvements being performed by said contractors or subcontractors. All work on the Improvements to be performed by Benefitted Party or its agents, employees, representatives or any other persons acting under its control or at its direction or request shall: 1. be done at the sole risk, cost and expense of Benefitted Party; 2. be done in accordance with the applicable requirements of all Federal, state and local governmental and regulatory authorities having jurisdiction thereof including specifically, but without limitation, all safety regulations and environmental laws in connection with all its operations relating to this Agreement; 3. be done in a manner as will not unreasonably interfere with access to the adjacent or remainder property of Grantor; 4. be constructed in accordance with the Agreed Plans and Specifications (as hereinafter defined). Should it be necessary for the actual construction of any portion of the Improvements to deviate from Agreed Plans and Specifications, then Grantor and Benefitted Party shall reasonably mutually agree upon and approve such deviations in writing; 5. be free of any and all material defects and conditions creating a hazard to public health or public safety; and, 6. be constructed in accordance with and meet the specifications associated with City of Fort Worth public road standards. j. Agreed Plans and Specifications. Benefitted Party is required to submit its construction plans (the "Plans") for the Improvements to Grantor sufficiently in advance of any construction, so that the Grantor will have a reasonable opportunity to review, modify and approve said Plans, which approval shall not be unreasonably withheld. Upon the mutual agreement of both Grantor and Benefitted Party on a set of Plans, as modified, and written approval by Grantor of the Plans, such Plans shall be the "Agreed Plans and Specifications". In the event that the Grantor fails to respond in writing within fourteen (14) days of a written request for a review of the Plans, then Grantor shall be deemed to have approved such Plans. Any comments or suggested revisions that the Grantor makes to the Plans must be reasonable as must any objections the Benefitted Party makes to any revision by Grantor. k. Benefitted Party will not create or permit to be created or remain, and will discharge, at Benefitted Party's sole cost and expense, any and all liens, encumbrances or charges levied on account of any builder's, supplier's, mechanic's, laborer's, materialmen's or similar lien that does or might become a lien, encumbrance or charge upon the Easement Property or other property of Grantor or any part thereof or the income derived therefrom, with respect to any work or services performed or material furnished by or at the direction of Benefitted Party or related to the Improvements. If any such liens, encumbrances or charges shall at any time be filed against the Easement Property or the other property of Grantor or any part thereof by reason of work or services performed or material furnished by or at the direction of Benefitted Party, its agents, employees, representatives, or any other persons acting under its control or at its direction or request, Benefitted Party within thirty (30) days after the filing thereof will cause the same to be fully discharged and released of record by payment, deposit, bond, order of a court of competent jurisdiction or otherwise. I. Insurance Provisions — Benefitted Party. Benefitted Party shall obtain and maintain (through any combination of Commercial General Liability Insurance, umbrella/excess policies, and/or self-insurance subject to the criteria below), liability coverage with limits of no less than $1,000,000 per occurrence and $5,000,000 general aggregate and workers' compensation insurance and commercial automobile liability insurance in the amounts set forth below, with insurance companies having an A.M. Best Rating of A-:IV or better, authorized to do business in the State of Texas. Benefitted Party shall deliver certificates of insurance reflecting the same upon Grantor's written request. All policies of insurance maintained by Benefitted Party with respect to insurance coverage under this Agreement will be provided to Grantor, following reasonable written notice and request. The insurance policies required under this section shall name Grantor as an additional insured; shall reflect that Grantor will receive prior written notice of cancellation or material change in coverage pursuant to the terms of the policy(ies); and shall reflect that the insurer has waived any right of subrogation against Grantor. M. Insurance Provisions — Benefitted Party's Contractors. Benefitted Parry shall cause its contractors (and require any subcontractors) to carry, at least the following insurance in the form, with insurance companies having an A.M. Best Rating of A-:IV or better, authorized to do business in the State of Texas, and in amounts (unless otherwise specified), as follows: 1. Workers' Compensation Insurance with statutory limits, and Employer's Liability Insurance with limits of not less than $1,000,000: Employers Liability - Each Accident $1,000,000 Employers Liability- Each Employee $1,000,000 Employers Liability- Policy Limit $1,000,000 Policies must include (a) Other States Endorsement to include TEXAS if business is domiciled outside the State of Texas, and (b) a waiver of all rights of subrogation and other rights in favor of Grantor. 2. Commercial General Liability Insurance with limits of not less than: Each Occurrence Limit $1,000,000 Medical Expenses (any one person) $10,000 Personal &Advertising Injury $1,000,000 General Aggregate $1,000,000 Products - Completed Operations Aggregate $1,000,000 Explosion, Collapse and Underground (X, C & U) coverage; (d) Independent Contractors coverage; provided, however, that with respect to the specific coverages listed in this sub-section 2, other than the per occurrence and general aggregate limit, Grantee shall only be required to use its commercially reasonable efforts to obtain such coverages from its contractors and sub- contractors. 3. Commercial Automobile Liability Insurance covering all owned, non- owned or hired automobiles, with coverage for at least $1,000,000 Combined Single Limit Bodily Injury and Property Damage; provided that Grantor acknowledges that Benefitted Party does not maintain "owned" auto coverage as it does not own any vehicles. 4. Builders' Risk Insurance. Benefitted Party shall maintain Builders' Risk Insurance or Installation Insurance on an all risk physical loss form in the contracted amount. Coverage shall continue until the construction on the Easement Property is completed and accepted by Grantee. Grantor shall be a loss payee on the policy. If off-site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. Policy must not exclude flood, flash flood or gully wash. 5. Benefitted Party will deliver to Grantor evidence satisfactory to Grantor, in its reasonable discretion, evidencing the existence of all insurance promptly after the execution and delivery of this Public Access Easement Agreement and prior to the performance or continued performance of any services to be performed by a contractor under this Public Access Easement Agreement. 6. The insurance policies required in this Public Access Easement Agreement will be kept in force for the periods specified below: Commercial General Liability Insurance, Commercial Automobile and Liability Insurance, will be kept in force until the termination of this Agreement; and Workers' Compensation Insurance and Employer's Liability Insurance will be kept in force until all work on the Easement Property has been fully performed and accepted by Grantee. n. Grantor shall be entitled to assign its rights hereunder, in whole or in part, without limitation. The terms of this Agreement and all rights of the Grantor hereunder shall inure to the benefit of, and be enforceable by, the Grantor's personal or legal representatives, assignees, successors, heirs, distributes, devisees and legatees. o. Notwithstanding anything else in this Agreement, this Easement and right of way shall be considered void and abandoned upon the earlier of: (a) failure of the Benefitted Party to obtain Plan Commission approval of the Preliminary Plat for the Benefitted Property by November 30, 2010; or (b) failure to complete the Improvements by fifteen (15) months following the execution of this instrument. Upon any abandonment, Grantee shall furnish at its expense, upon receipt of written request from Grantor, a release of the Easement and right of way and the Benefitted Party shall also furnish, at its expense, upon receipt of written request from Grantor, a duly executed instrument relinquishing any and all rights to utilize the Easement. Any such reversion or any termination of the Easement shall not relieve the Benefitted Party of any liabilities or duties of indemnification for any actions or omissions prior to or related to such termination or reversion. Grantor reserves the right to use and enjoy the Easement Property insofar as the exercise thereof does not endanger or unduly interfere with the Project. Grantor specifically retains the right to add as many curb cuts to the public access way as are reasonably desired for the future development of its adjacent property. Grantor also reserves the right to make curb cuts in order to have the access way serve as fire lanes and fire access to its adjacent property. This instrument, and the terms and conditions contained herein, shall inure to the benefit of and be binding upon Grantee, Grantor, Benefitted Party, and their respective personal representatives, successors, and assigns. TO HAVE AND HOLD the possession of the Easement Property for the purposes and subject to the limitations described above, without covenants, warranties, or representations of any kind, express or implied, statutory, or otherwise; all warranties or covenants that might arise by common law and the implied covenants in Section 5.023 of the Texas Property Code (or its successor) are excluded. Each party acknowledges that it and its counsel have reviewed this Public Access Easement Agreement and that the normal rule of construction shall not be applicable and there shall be no presumption that any ambiguities will be resolved against the drafting party in interpretation of this Public Access Easement Agreement. When the context requires, singular nouns and pronouns include the plural. When appropriate, the term "Grantee" includes the employees and authorized agents of Grantee. [Signature pages follow.] GRANTOR: The HGC Trust Richard G. Fagin, rust GRANTOR: The LRI Trust Richard G. Fagin, Tru ee r GRANTOR: The DRM Trust `Q. mss. 5 Richard G. Fagin, Trustee GRANTOR: The SHC Trust Karen F. E and , Co-Trustee GRANTOR: The SHC Trust e� &-�&, 6. C;ur F. Butler, Co-Trustee ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Richard G. Fagin, Trustee for The HGC Trust, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of The HGC Trust and that he executed the same as the act of said The HGC Trust for the purposes and consideration therein expressed and in the capacity therein stated. j GIVEN UNDER MY HAND AND SEAL OF OFFICE this (L14L- day of CA A iz v , 2011. DAVID P OCONNOR t NOTARY PUBUC �) STATE OF TEXAS (� oc'd� MY COMM.EXP.10�09.2013 Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Richard G. Fagin, Trustee for The LRI Trust, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of The LRI Trust and that he executed the same as the act of said The LRI Trust for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /-7 k- day of N ��►�iZ , 2011. 0 '/�o DAVID P OOONNOR NOTARY PUBW Notary Public in and for the State of Texas STATE OF TEXAS W COMM.EXP.10 W2013 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Richard G. Fagin, Trustee for The DRM Trust, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of The DRM Trust and that he executed the same as the act of said The DRM Trust for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �W A-day of ✓/ANtt/a iZ , 2011. DAVID P QCONNOR * * NOTARY PUBUC (� STATE OF TEXAS MY COMM.EXP.10-09-2013 Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Karen F. Edwards, Co-Trustee for The SHC Trust, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of The SHC Trust and that he executed the same as the act of said The SHC Trust for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this �4 1'—day of I— ✓A N u/a iz 2011. DAVID:E*CCNNOR * * NOTARY PUSUC Notary Public in and for the State of Texas STATF TEXAS 0i MYCOMM. 140&2013 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Lauren F. Butler, Co-Trustee for The SHC Trust, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of The SHC Trust and that he executed the same as the act of said The SHC Trust for the purposes and consideration therein expressed and in the capacity therein stated. , `` GIVEN UNDER MY HAND AND SEAL OF OFFICE this �1T�--day of �✓��j"t 2011. DAWO P OCONNOR �) (aW0OMM.EXP10-W2013 NOTARY PUBLIC STATE OF TEXAS Notary Public in and for the State of Texas A7 *� 'p00000 *� �S� °Attested by: v o d .Ay Marty Hendrix, C'hy Secretary GRANTEE: APPROVED AS TO CITY OF FORT WORTH F AND-LEG ITY: ARCISTANT CITY ATTORNEY Fernando Costa Assistant City Manager NO M&C REQUIRED ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 20_d. otary Public in and for the State of Texas EVONIA DANIELS '* wtY -ot^SSION EXPIRES July to,2013 OFFICIAL RECORD ' CITY SECRETARY FT. WORTH, TX BENEFITTED PARTY: KB HOME LONE STAR INC. By; to �- Name: Marcia Dillon Title: Executive VP- Sales, Marketing & Studio STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Marcia Dillon, Executive Vice President- Sales, Marketing & Studio of KB HOME Lone Star Inc., known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of KB HOME Lone Star Inc. and that she executed the same as the act of said KB HOME Lone Star Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2011. Notary P c in and for the tae exas YPU-�r TERRI K.ALLRED NOTARY PUBLIC STATE OF TEXAS My Comm.W.05'20-20 12 Exhibits Attached: A-1 - Legal Description of Easement Property A-2- Drawing of Easement Property B - Benefitted Property C-1 - Legal Description of Temporary Easement Property C-2 - Drawing of Temporary Easement Property D - Description of Grantor's Property EXHIBIT A-1 LEGAL DESCRIPTION OF EASEMENT PROPERTY (attached) EXHIBIT " A-1 " PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the John Edmonds Survey, Abstract No. 457, City of Fort Worth, Tarrant County, Texas, being a portion of a remainder portion of a tract of land as described in deed to Richard G. Fagin, Trustee, Judy J. Fagin and Lauren F. King, Co—Trustees (hereafter referred to as FAGIN tract), recorded in Volume 13355, Page 75, Deed Records, Tarrant County, Texas (ORTCT), and being more particularly described as follows: COMMENCING at a 1/2" rebar capped set at the intersection of the north line of North Tarrant Parkway (R.O.W. varies), with the east line of TRACT 14 as described in deed to HILLWOOD/2500. LTD„ recorded in Volume 9409. Page 1403, DRTCT, be' the southwest corner of the LOWER 0' PIPELINE TRACT as described in deed to TCP FARMS, L.P., recorded in 0205220085 and D205266370, DRTCT, from which a 5/8" rebar with a damaged cap bears S 89'36' E, 0.47 feet; THENCE S 89'49'21" E, along the north line of said North Tarrant Parkway and the south line of said LOWER 15' PIPELINE TRACT, a distance of 15.00 feet to the southeast corner of said LOWER 15' PIPELINE TRACT and the southwest corner of a remainder portion of said FAGIN tract, being the POINT OF BEGINNING of the herein described tract of land; THENCE N 00'05 21" W, departing the north line of said North Tarrant Parkway, along the east line of said LOWER 0' PIPELINE TRACT, a distance of 860.00 feet to a point in the south line of the SOUTH DRILLING SITE as described in deed to TCP FARMS, LP, recorded in 0205220085 and D205266370. ORTCT, from which the southwest corner of said SOUTH DRILLING SITE bears S 89'53'45" W, 15.00 feet; THENCE N 89'53'45" E, departing the east line of said LOWER 15' PIPELINE TRACT, along the south line of said SOUTH DRILLING SITE, a distance of 15.00 feet to the northeast corner of the herein described tract of land: THENCE S 00'0521" E, departing the south line of said SOUTH DRILLING SITE, traversing said FAGIN tract, a distance of 859.33 feet to a point in the north line of said North Tarrant Parkway and the south line of a remainder portion of said FAGIN tract; THENCE along the north line of said North Tarrant Parkway and the south line of a remainder portion of said FAGIN tract, as follows: S 83'20'54" W, a distance of 6.29 feet to a 1/2" rebar capped set: N 89'49'21" W, a distance of 8.75 feet to the POINT OF BEGINNING and containing 12,898 square feet or 0296 acre of land. NOTE: The bearings hereon are referenced to the east line (S 00'0521" E) of TRACT 14 as described in Limited Warranty Deed to HILLWOOD/2500, LTG., recorded in Volume 9409, Page 1403, Deed Records, Tarrant County, Texas. 0 0 W U U U Q N_ U' Scale NONE �P��OF rr-k Sheet Qp00DW�9 Date 1/19/10 �.Q�3`sTC-;,G;'s w MARSHALU .d.&�' Job No. I 1 O i 4P I JOEL S.BARTON 8 CIVIL ENGINEERS—PUWNERS—SURVEYORS . . . . . of U 24M MuoWV Drive,Gmpm*,TX 741051 Draf ted I T. J. M. "O(817)3204379 Checked I J J. S S. B B. 9ti�SUftV 2 0 w EXHIBIT A-2 DRAWING OF EASEMENT PROPERTY (attached) EXHIBIT " A-2 " ' Il PR0P05E0 21'PUBLIG —F AGGE55 EA5EMENT (PHASE ONE) (BY 5EPARATE IN5TRUMENT) I VALLEY BROOK CAB. A. SL. 11446 II SOUTH DRILLING SITE P.R.T.C.T. �I I EXHIBIT 'B' 0205266371 D.R.T.C.T. I GRAPHIC SCALE 1"=100' TCP FARMS. L.P. I SOUTH DRILLING SITE I /y D205220085 ) 0 100 I D205266370 D.R.T.C.T. I AND L2 -LOWER 15'_PIPELINE TRACT L5— —J I I I ) ) S�RyEY I EDMpND N� 457 J pHABSTRACT I _ Q� h nmU �L�pJQS 10 a r �p v w RI T ° �' Q�QJ4�• 1 JOi w w N NQZ Q ,• �� G No N 0 II 15' PUBLIC ACCESS 1 \ EASEMENT 12,898 SQ Q. FT. w y 0.296 ACRE ro m v /0 51JOEY LLI v JpHN S R CD No 457 ., R'► 1 uj o c'u AB Lo o in ` I • 1 n ° LINE DATA C/3 LINE BEARING DISTANCE I I I I I Li S89'49'21"E 15.00' I II L2 N89'53'45"E 15.00' I I I �I L3 S83'20'54"W 6.29' L4 N89'49'21"W 8.75' L5 S_89'53'45"W 15.00' I I POINT OF I IT , CITY OF FORT WORTH 15' PERMANENT WATER MAIN EASEMENT 112F7.C.S. I 0206220094 (5/87?.CF. -OMN6M OA.T.C.T. I I o AT S 89,35 E 0.47) w L1 3 /2`c` N POINT OF 4 NORTH TARRANT PARKWAY - (R.O.W. VARIES) a w ��$ Scale 1"=100 ' ��OF I£ Street N Date 1/19/10 5�p�� oy� 2 0 Job No. 1 10152 0 CML ENGINEERS-PLANNERS-SURVEYORS JOEL S.BARTON of 24x6 Mu ww Drtm,Gnpsrkr,Tx.78061 Drafted: T. J. M. .��49'14 !. Mevo(817)928-4373 Checked I J. S. B. gtpss�o? pQ 2 s w EXHIBIT B BENEFITTED PROPERTY (attached) EXHIBIT "B " PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the John Edmonds Survey, Abstract No. 457, City of Fort Worth, Tarrant County, Texas, being that same tract of land as described in deed to KBL II PARTNERS, LTD., recorded in 0206015693, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described as follows: COMMENCING at a 1/2" rebar with a yellow plastic cap stamped "Goodwin 6 Marshall" set (hereafter referred to as 1/2" rebar capped set) at the west southwest corner of Valley Brook (Phase One), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A. Slide 11446. Plat Records, Tarrant County, Texas (PRTCT), said point lying in the east line of TRACT 14 as described in deed to Hillwood/2500. Ltd., recorded in Volume 9409, Page 1403, DRTCT, from which a 1/2" rebar capped set at the location of a 5/8" rebar with a yellow plastic cap stamped "Carter—Burgess" previously found at the intersection of the north line of North Tarrant Parkway (Called 200' R.O.W. adjoining R.O.W. per Volume 12308, Page 1704, DRTCT), with the east line of said Hillwood/2500, Ltd. TRACT 14 bears S 00'0521" E, 1179.93 feet; THENCE N 00'05'21' W, along the east line of said Hillwood/2500, Ltd. TRACT 14 and the west line of said Valley Brook (Phase One), a distance of 34.53 feet to a 5/8" rebar with a yellow plastic cap stamped "Carter—Burgess" found (hereafter referred to as 5/8" rebar capped found) at the most easterly southeast corner of said KBL II Partners, Ltd. tract, being the POINT OF BEGINNING of the herein described tract of land; THENCE depart'r�g the west line of said Valley Brook (Phase One), along the southeasterly line of said KBL II Partners, Ltd. tract, as follows: S 40'5721" W, a distance of 416.36 feet (Deed 416.36 feet) to a 1/2" rebar capped set at the point of curvature of a curve to the left, having a radius of 515.00 feet; Southwesterly, along said curve, having a central angle of 07'5357", an arc distance of 71.00 feet (Deed 71.25 feet) and a chord that bears S 37'00'23" W. 70.94 feet to a 1/2" rebar capped set; THENCE N 59'59'06" W. non tangent to said curve, along the southwesterly line of said KBL II Partners, Ltd. tract, at a distance of 130.60 feet (Deed 130.75 feet) passing a 5/8" rebar found at the northeast corner of Lot i, Block A, Aventine At Parkway Addition, an addition to the City of Fort Worth Tarrant County, Texas as recorded in Cabinet A. Slide 9633, PRTCT, at a distance of 949.19 feet passing a 5/8" rebar capped found at the northwest corner of said addition, continuing a total distance of 1070.31 feet (Deed 1070.48 feet) to a 5/8" rebar capped found in the southeasterly line of Lot B. Block 3 of The Vineyards At Heritage, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A. Slide 6723, PRTCT; THENCE along the southeasterly line of said Lot B. Block 3 and the westerly line of said KBL II Partners, Ltd. tract, as follows: N 47'05'32" E, a distance of 1298.16 feet (Deed 1298.29 feet) to a 5/8" rebar capped found: N 01'02'43" W, a distance of 330.86 feet (Plat 6 Deed 330.78 feet) to a 5/8" rebar capped foul N 50'21'39" E, a distance of 240.85 feet (Plat 6 Deed 240.81 feet) to a 5/8" rebar capped found the most northerly northwest corner of said KBL II Partners, Ltd. tract; THENCE S 89'44'20" E, along a south line of said Lot B. Block 3 and the north line of said KBL II Partners, Ltd. tract, a distance of 109.73 feet (Plat & Deed 109.94 feet) to a 5/8" rebar capped found at the most easterly southeast corner of said Lot 8, Block 3, said point lying in the west line of Valley Brook (Phase Three), an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A. Slide 11368, PRTCT, from which a stone found an angle point in east line of said Lot 8, Block 3 bears N 00'05'21" W. 112728 feet (Plat 1126.64 feetr THENCE S 00'05'21" E, along the west line of said Valley Brook (Phase Three), at a distance of 349.11 feet passing a 1/2" rebar capped set at the northwest corner of the terminus of Valley Stream Way (50' R.O.W.), at a distance of 399.11 feet passing a 1/2" rebar capped set at the southwest corner of the terminus of said Valley Stream Way, at a distance of 751.46 feet passing a 1/2" rebar capped set at the northwest corner of the terminus of Ridge Lake Drive (60' R.O.W.), at a distance of 814.46 feet passing a 1/2" rebar capped set at the southwest corner of the terminus of said Ridge Lake Drive and the northwest caner of the Amending Plat of Lot BX, Block 12, Valley Brook, an addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A. Slide 12333, PRTCT, at a distance of 1366.94 feet passing the southwest corner of said addition and the most westerly northwest corner of said Valley Brook (Phase One), continuing a total distance of 1532.08 feet (Deed 1532.52 feet) to the POINT OF BEGINNING and containing 1,162.369 square feet or 26.684 acres of land. 0 0 U a LJ w H t� w Scale: NONE `PEE CF jF Sheet GOODY N3 Date: 1/19/10 c,�.P��srfgFO.1p W MAM1HfAA.lf. '� Job No. 10152 joei sRTOri 1 8 CIVIL ENGINEERS--PLANNERS-SURVEYORS of 24M Mu.W,Q Drkv. ,,., ,eon, Drafted� T. J. M. Motro(8,7)3204373 Checked) J. S. B. W EXHIBIT C-1 LEGAL DESCRIPTION OF TEMPORARY EASEMENT PROPERTY (attached) EXHIBIT "C-1 " PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a tract of land situated in the John Edmonds Survey, Abstract No. 457, City of Fort Worth, Tarrant County, Texas, being a portion of a remainder portion of a tract of land as described in deed to Richard G. Fagin, Trustee, Judy J. Fagin and Lauren F. King, Co-Trustees (hereafter referred to as FAGIN tract), recorded in Volume 13355, Page 75, Deed Records, Tarrant County, Texas (ORTCT), and being more particularly described as follows: COMMENCING at a 1/2" rebar capped set at the intersection of the north line of North Tarrant Parkway (R.O.W. varies), with the east line of TRACT 14 as described in deed to HILLWOOD/2500, LTD, recorded in Volume 9409, Page 1403, ORTCT, being the southwest corner of the LOWER 15' PIPELINE TRACT as described in deed to TCP FARMS. L.P. recorded in D205220085 and D205266370, DRTCT, from which a 5/8" rebar with a damaged cap bears S 89'36' E, 0.47 feet: THENCE S 89'49 21" E, along the north line of said North Tarrant Parkway and the south line of said LOWER 15' PIPELINE TRACT, at a distance of 15.00 feet passing the southeast corner of said LOWER 15' PIPELINE TRACT and the southwest corner of a remainder portion of said FAGIN tract, continuing a total distance of 23.76 feet to a 1/2" rebar capped set: THENCE N 83'2054" F. along the north line of said North Tarrant Parkway and the south line of a remainder portion of said FAGIN tract, a distance of 629 feet to the POINT OF BEGINNING of the herein described tract of land: THENCE N 00'05'21" W, departing the north line of said North Tarrant Parkway, traversing said FAGIN tract, a distance of 859.33 feet to a point in the south line of the SOUTH DRILLING SITE as described in deed to TCP FARMS, LP, recorded in D205220085 and D205266370, DRTCT, from which the southwest corner of said SOUTH DRILLING SITE bears S 89'53'45" W, 30.00 feet: THENCE N 89'53'45" F. along the south line of said SOUTH DRILLING SITE, a distance of 30.00 feet to the northeast corner, of the herein described tract of land: THENCE S 00'05'21" E. departing the south line of said SOUTH DRILLING SITE, traversing said FAGIN tract, a distance of 855.89 feet to the north line of said North Tarrant Parkway and the south line of a remainder portion of said FAGIN tract: THENCE S 83'2054" W, along the north line of said North Tarrant Parkway and the south line of a remainder portion of said FAGIN tract, a distance of 3020 feet to the POINT OF BEGINNING and containing 25,728 square feet or 0591 acre of land. NOTE: The bearings hereon are referenced to the east line (S 00'05121" E) of TRACT 14 as described in Limited Warranty Deed to HILLWOOD/2500, LTD„ recorded in Volume 9409, Page 1403, Deed Records, Tarrant County, Texas. O 0 U) U) z 0 u Lj w H z 3 a Scale NONE tE OF TF Sheet G00DWN1 Date 1/19/10 S�pQ�GwTEgF Job No. 10152 JoEL S.BARTON o CML ENGINEERS-PLANNERS-SURVEYORS of � 24oe Mu@WV Drne, ■,Tx.7W51 Drafted: T. J. M. 19 ass It. o MWO(817)3254378 Checked: J. S. B. ��SUFi�� 2 w EXHIBIT C-2 DRAWING OF TEMPORARY EASEMENT PROPERTY (attached) EXHIBIT "C-2 " I PROPOSED 30'TEMPORARY GON5TRXTION EASEMENT (PHASE ONE) (BY SEPARATE INSTRUMENT) I VALLEY BROOK II I CAB. A. SL. 11446 SOUTH DRILLING SITE P.R.T.C.T. II I I EXHIBIT 'B' I I I 0205266371 -- -- -- --- D.R.T.C.T. T M I r TCP FARMS. L.P. I ) SOUTH DRILLING SITE I ) II I 0205220085 I 0205266370 �zz O.R.T.C.1' AND I ui I OWER 15' PIPELINE TRACITJ Q �_? L3 I I ui�� III I I 30' TEMPORARY ACCESS EASEMENT GRAPHIC SCALE 1"=100'I I I D20522OOB7 0205266371 III O.R.T.C.T. 0 100 �Q ek 5 9z p T co LO ui LO ca cj* II Q � � F. IN jl I 30' TEMPORARY 11 r o CONSTRUCTION EASEMENT 25,728 SO. FT. w p 0.591 ACRE 1 -0 o�oQG* III 0ND5 S 457�Y n P "N q, I JOIN TR CT NO 1 Ags 1 1 LO LINE DATA y� 4 I - LINE BEARING DISTANCE a II Q p Li S89'49'2i"E 23.76' I L2 N83'20'54'E 6.29' I I II L3 N89'53'45"E 30.00' I I I L4 SB3'20'54"W 30.20' M I L5 S89'53'45"W 30.00' POINT OF I 1j(,`,Q11 I I CITY OF FORT WORTH 1 12'X?.C.S. 15' PERMANENT WATER MAIN EASEMENT 15/eA.CF. -DA9460 I I DA�T.0009T.4 I I \ 1/2'P.C.S. Li L2 POW OF NORTH TARRANT PARKWAY (R.O.W. VARIES) Scale: 1 "=100 ' �E OF TF d Sheet N GiOOD Y1 Date: 1/19/10 51P��` SF��9s 2 MARSHALL i� CIVIL ENGINEERS-KMN M-SURVEYORS ' Job No. 1015 2 ,s.BARYON of a 2406 MLmtwv Or",GrepwArw,TX M51 Drafted: T. J. M. �,,f�OpE39�l�' Metro(e17)s2s,�7s Checked I J. S. B. �SUF 2 s W EXHIBIT D DESCRIPTION OF GRANTOR'S PROPERTY (attached) EXHIBIT "D " t � (PHASE oNE) VALLEY CAB .114 46 L2 TCP FARMS. LP. ati SOUTH DRILLING SITE J I INSTRUMENT f D205220OB5 INSTRUMENT # D205266370 D.R.T.C.T. AND LOWER 15' PIPELINE TRACT 285.31' n Z w '� O C i GRAPHIC SCALE 1"=100' Cc w ru ) w o l p �r 0 100 wo MoD w Q <L Ln p < 1 (REMAINDER PORTION) v N RICHARD G. FAGIN, TRUSTEE JUDY J. FAGIN AND LAUREN F. KING. I -+ CD-TRUSTEES (REMAINDER PORTION) VOL.D.R T C: 75 TRACT 14 6.733 AC. HILLWOOO ALLIANCE RESIDENTIAL. L.P. p FORMERLY KNOWN AS p HILLWOOO/2500. LTD. (n \ VOL. 9409. PG. 1403 I Y \ 0200192455 I \ DI RD G..R.T.C.T. R FAGIN, TRUSTEE , JUDY J. FAGIN AND LAUREN F. KING. A W VOLC0133555, PG 75 p \ 3 D.R.T.C.T. \ CU Ln URVEY n 0o ONN ED C9,D1v s q57 t I ASST t Z LOT SX. BLOCK A CAB. A. SL. 11433 P.R.T.C.T. SEE SHEET 2 FOR A tt LINE AND CURVE DATA I I I I I , I � „ m I J 232.25' L4 N 89 *49'21" W _ L5 NORTH TARRANT PARKWAY x (R.O.W. VARIES) Z a Scale: 1 "=100 ' Sheet w GOODWIN8 Date, 11/15/10 1 a MARSHAL ' l Job No. 1 10152 PROPERTY CW ENGINEERS—PLANNERS—SURVEYORS EX ]rr Of i N 2405 MuMan Dr,va G p . repevine,l7(.78061 0 Me"(817)3294373 w EXHIBIT "D " LINE DATA LINE BEARING DISTANCE L1 N00'05'19"W 139.44' L2 S89'49'21"E 30.01' L3 S00'10'39"W 25.85' L4 S83*20'54"W 100.91' L5 N89.49.21"W 8.75' CURVE DATA CURVE RADIUS DELTA ARC CHORD BEARING CHORD C1 1090.00 24'45'36" 471.04' S00'52'35"E 467.38' C2 250.00' 1'25'43" 6.23' S12'32'31"E 6.23' C3 250.00' 1'30'33" 6.58' S12°34'56"E 6.58' C4 1045.00' 13'30'52" 246.48' S06'34'46T 245.91' C5 50.00' 90'00'00" 78.54' S45'10'39"W 70.71' 0 n H m 2 x W 2 Q Scale; NONE Sheet w Qp®®D�1`Il�T3 Date ; 11/15/10 2 0 MARSHALL � PROPERTY CIVIL ENGINEERS—PLANNERS—SURVEYORS Job No. c 10152 EXFiIBTT of o i N 2405 Mustang Drlve,Grapevine,TX.78051 r� o Metro(817)329-4373 G 2 w