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HomeMy WebLinkAboutResolution 1997-059 RESOLUTION NO. 97-59 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, that: 1. The Mayor be, and is hereby, authorized to execute the AGREEMENT with Billy J. Graham and Ernestine Graham, a copy of which is attached hereto, as the act and deed of the City. PASSED AND APPROVED this 22nd day of December, 1997. APPROVED: ATTEST: ~~~ Tommy Brown, M or e:!atlZivci ~ Patricia Hutson, City Secretary APPROVED AS TO FORM AND LE.GALlTY: /~ /' /C·~·· ~. . / .-L. i"l? STATE OF TEXAS § § COUNTY OF TARRANT § AGREEMENT TH IS AGREEMENT (the "Agreement") is made and entered into between Billy J. Graham and wife, Ernestine Graham, (collectively "Graham") and the City of North Richland Hills, Texas (the "City"). WHEREAS, Graham is the owner of an approximate 80 acre tract in the City of North Richland Hills, Texas as more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"); and WHEREAS, Graham and the City will both receive benefits from the City's planned drainage improvements to Calloway Branch and reconstruction of Hightower Drive, adjacent to the Property; and WHEREAS, the parties are entering into this Agreement to set forth their respective rights and obligations with respect to the matters set forth herein. NOW, THEREFORE, for and in consideration of the promises, undertakings and covenants of the parties hereto set forth in this Agreement, Graham and the City hereby agree as follows: 1. PROJECTS The City agrees to: (1) Construct and complete the Calloway Branch Drainage facility (the "Calloway Project") according to the plans dated January, 1996 entitled CALLOWAY BRANCH CHANNEL IMPROVEMENTS, SECTION B and numbered KEF Project No. 3-380 (the 1 "Calloway Plans"). The City agrees to start construction of said Calloway Project by March 1, 1998 and to complete the construction of the Calloway Project by September 15, 1999, all in accordance with the Calloway Plans. The City agrees that no material changes, additions, deletions or amendments will be made to the Calloway Plans or to the Calloway Project without the prior written consent of Graham. The City acknowledges and agrees that one of the primary benefits to Graham of the Calloway Project is the removal of substantially all of the Property from being in the 100 year flood plain except for up to 2 acres in the southeast comer of the Property contiguous to the Project. City agrees that the creek located in the Calloway Project will be concrete lined as part of the Calloway Project and that a chain link fence will be constructed along that portion of the Property adjacent to the Calloway Project. (2) Reconstruct Hightower Drive adjacent to the Property into a 49 foot concrete curb and gutter road pursuant to standard City specifications; said roadway to be built within a 68 foot right-of-way and to be completed by September 15, 1999 (the "Hightower Project"). (3) Grade the Property to drain from the northwest corner of the Property to the stock tank in the southwest còrner of the Property, such work (the "Grading Project"), to be completed by the City by January 1, 1999. The Grading Project will be according to the plans dated December, 1995 shown on the plan profile sheet styled HIGHTOWER DRIVE PAVING AND DRAINAGE IMPROVEMENTS, OFFSITE CHANNEL, KEF Project No. 3-377 (the "Grading Plan"). The City agrees that no material changes, additions, deletions or amendments will be made to the Grading Plan or to the Grading Project 2 without the prior written consent of Graham. City agrees that City will seed with grass the area of the Property graded by the City as part of the Grading Project. All dirt removed in connection with the Drainage Project will remain the property of Graham and will be deposited on the property at a location designated by Graham, out of the 100 year flood plain. (4) The Calloway Project, the Hightower Project and the Grading Project are sometimes collectively referred to as the "Projects". The Calloway Plans I the Hightower Plans and the Grading Plans are sometimes collectively referred to as the "Plans" 2. DEDICATIONS (1) Graham agrees to dedicate by deed the property described on Exhibit D attached hereto (the "Hightower Row") for right-of-way for the Hightower Drive Street Project as shown on the Hightower Drive plans dated November, 1996, KEF Project Nos. 3-389 and 3-390 (the "Hightower Plans"). (2) Graham agrees to dedicate by deed the property described on Exhibit E attached hereto (the "Calloway Row") for the construction of the Calloway Branch Project as shown on the Calloway Plans. (3) The form and substance of the dedication deeds referred to above shall be prepared by the City and be reasonably acceptable to Graham. (4) Graham agrees to grant all reasonably necessary temporary construction and temporary slope easements in connection with the Projects, with the form and substance of the instrument granting such easement to be reasonably satisfactory to Graham, including the property described on Exhibit F attached hereto. 3 (5) City agrees to repair and restore any damage caused to any of the Property in connection with any of the Projects. 3. PAYMENTS (1) Subject to the terms and conditions set forth herein, Graham agrees to pay to the City the sum of $220,000.00 (the "Calloway Payment") toward the cost of the Calloway Project, to be secured by a deed of trust in the form and substance as set forth on Exhibit B attached hereto and made a part hereof (the "Calloway Deed of Trust") covering the Property. Graham's obligation to pay the Calloway Payment is subject to the condition precedent that (i) the Calloway Project is completed on or before September 15, 1999, in accordance with the Calloway Plans and (ii) revised 100 year flood plain designation LOMR map, reasonably satisfactory to Graham and certified by the City Engineer, are delivered to Graham by the City on or before October 30, 1999 showing that all of the Property (other than not more than two (2) acres in the southeast corner of the Property contiguous to the Calloway Project) is not in a 100 year designated flood plain (the "Calloway Conditions Precedent"). If the Calloway Conditions Precedent are not timely satisfied, the Calloway 'Payment will be canceled, the Calloway Deed of Trust will be released immediately by the City and any monies held in the Calloway Escrow (defined below) will be paid to Graham by the Escrowee (defined below) on the 30th day after written notification to Escrowee and to City by Graham that the Calloway Conditions Precedent have not been satisfied timely. The obligation to pay the Calloway Payment will be a covenant running with the Property and binding upon the owner of the Property; 4 provided, however, Graham will be released from all liability to pay the Calloway Payment upon sale of the Property or if a portion of the Property is sold to a party unrelated to Graham, Graham will be released from a proportionate part of the Calloway Payment based upon the percentage of the Property sold in relation to the total amount of the Property. Upon completion of the Calloway Project, City agrees to issue lawful building permits for all or such portion of the Property as requested by the owner of the Property at such time. The Calloway Payment will not bear interest during the period beginning with the date of this Agreement and ending on the date that the Calloway Payment is due and payable as provided below (the "Calloway Interest Date"). If all or a portion of the Calloway Payment is not paid when due and payable, such portion of the Calloway Payment then due and payable will bear interest at an annual rate equal to the lesser of (i) eight percent (8%) per annum and (ii) the rate of interest that is charged by the City on similar obligations at the Calloway Interest Date from the date the unpaid portion of the Calloway Payment was due and payable until paid. Provided the Calloway Conditions Precedent are satisfied timely, the Calloway Payment will be due and payable upon (I) closing of the sale of all or any portion of the Property to a third party not related to Graham or (ii) the closing of a development loan on all or any portion of the Property; provided, however, if less than all of the Property is sold at anyone time to a third party not related to Graham or is subject to a development loan, the amount of the Calloway Payment due upon the closing of such sale or development loan shall be an amount equal to $2,820.00 times the number of acres out of the Property 5 then being sold or subject to the development loan (but in no event shall such amount be greater than the remaining balance of the Calloway Payment) and the City shall release such portion of the Property being sold or subject to the development loan from the Calloway Deed of Trust. If ai' or any portion of the Property is sold to a third party not related to Graham or is subject to a development loan prior to satisfaction of the Calloway Conditions Precedent, an amount equal to $2,820.00 times the number of acres out of the Property then being sold or subject to the development loan (the "Escrow Amount") will be escrowed with Rattikin Title Company of Fort Worth, Texas or such other title company selected by Graham ("Escrowee"), to be held in escrow until such time as the Calloway Conditions Precedent are satisfied timely. Upon written notification from Graham and City to Escrowee that the Calloway Conditions Precedent have been satisfied timely, an amount equal to the lesser of (i) the Escrow Amount and (ii) the Calloway Payment shall be due and payable and paid out of the Escrow Amount to the City as a payment on account of the Calloway Payment. If the Calloway Conditions Precedent are not satisfied timely, then on the 30th day after written notification from Graham to Escrowee and City that the Calloway Conditions Precedent have not been satisfied timely, Escrowee shall pay to Graham an amount equal to the Escrow Amount and all other amounts held in escrow. All interest earned on the Escrow Amount while held by Escrowee shall be paid to Graham at such time or times as requested by Graham. In the event that the Calloway Project is delayed by higher governmental authority (State or Federal) on account of a determination by such governmental authority that additional permits are required by the City for the Calloway Project, the date for completion of the Calloway Project set out above 6 will be increased by the number of days caused by the governmental delay. City agrees to use reasonable diligence in obtaining all required permits for the Calloway Project. (2) Subject to the terms and conditions set forth herein, Graham agrees to pay to the City the sum of $90,000.00 (the "Hightower Payment") toward the cost of the Hightower Project, to be secured by a deed of trust in the form and substance as set forth on Exhibit C attached hereto and make a part hereof (the "Hightower Deed of Trust") covering the Property. Graham's obligation to pay the Hightower Payment is subject to the condition precedent that the Hightower Project is completed on or before September 15, 1999, in accordance with the Hightower Plans (the "Hightower Conditions Precedent"). If the Hightower Conditions Precedent are not timely satisfied, the Hightower Payment will be canceled, the Hightower Deed of Trust will be released immediately by the City and any monies held in the Hightower Escrow (defined below) will be paid to Graham by the Escrowee (defined below) on the 30th day after written notification to Escrowee and City by Graham that the Hightower Conditions Precedent have not been satisfied timely. The obligation to pay the Hightower Payment will be a covenant running with the Property and binding upon the owner of the Property; provided, however, Graham will be released from all liability to pay the Hightowèr Payment upon sale of the Property to a party not related to Graham or if a portion of the Property is sold to a party not related to Graham, Graham will be released from a proportionate part of the Hightower Payment based upon the percentage of the Property sold in relation to the total amount of the Property. The Hightower Payment will not bear interest during the period beginning with the date of this Agreement and ending on the date that the Hightower Payment is due and payable as 7 provided below (the Hightower Interest Date"). If all or any portion of the Hightower Payment is not paid when due and payable, such portion of the Hightower Payment then due and payable will bear interest at an annual rate equal to the lesser of (i) eight percent (8%) per annum and (ii) the rate of interest that is charged by the City on similar obligations at the Hightower Interest Date from the date such unpaid portion of the Hightower Payment was due and payable until paid. Provided the Hightower Conditions Precedent are satisfied timely, the Hightower Payment will be due and payable upon (i) closing of the sale of all or any portion of the Property to a third party not related to Graham or (ii) closing of a development loan on all or any portion of the Property; provided, however, if less than all of the Property is sold at anyone time to a third party not related to Graham or is subject to a development loan, the amount of the Hightower Payment due upon the closing of such sale or development loan shall be an amount equal to $1,160.00 times the number of acres out of the Property then being sold or subject to the development loan (but in no event shall such amount be greater than the remaining balance of the Hightower Payment) and the City shall release such portion of the Property being sold or subject to the development loan from the . Hightower Deed of Trust. If all or any portion of the Property is sold to a third party not related to Graham or is subject to a development loan prior to satisfaction of the Hightower Conditions Precedent, an amount equal to $1,160.00 times the number of acres out of the Property then being sold or subject to the development loan (the "Hightower Escrow Amount") will be escrowed with Escrowee, to be held in escrow until such time as the Hightower Conditions Precedent are satisfied timely. Upon written notification from 8 Graham and City to Escrowee that the Hightower Conditions Precedent have been satisfied timely, an amount equal to the lesser of (i) the Hightower Escrow Amount and (ii) the Hightower Payment shall be due and payable and paid out of the Escrow Amount to the City as a payment on account of the Hightower Payment. If the Hightower Conditions Precedent are not satisfied timely, then on the 30th day after written notification from Graham to the City and to Escrowee that the Hightower Conditions Precedent have not been satisfied timely, Escrowee shall pay to Graham an amount equal to the Hightower Escrow Amount and all other amounts held in escrow. All interest earned on the Hightower Escrow Amount while held by Escrowee shall be paid to Graham at such time or times as requested by Graham. (3) City acknowledges and agrees that Graham has no obligation to pay the City any amounts with regard to the Projects except as specifically set forth in this Agreement. (4) For purposes of this Agreement, the term "party not related to Graham" means any entity in which Graham (or either of them) does not own an interest as a shareholder, partner or member and which is not a party to the development of a housing or commercial project on the Graham Property. 4. EXHIBITS The following documents are attached hereto and made a part hereof: (1) Exhibit "A" is a description of the property. (2) Exhibit "B" is the form of the Deed of Trust securing the Calloway Payment. (3) Exhibit "C" is the form of the Deed of Trust securing the Hightower Payment. 9 (4) Exhibit "D" is the Hightower right-of-way to be dedicated. (5) Exhibit "E" is the Calloway Project right-of-way to be dedicated. (6) Exhibi t "F" is the temporary construction and slope easements. All Exhibits shall be executed contemporaneously with the execution of this Agreement. 5. MISCELLANEOUS (1) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. (2) This Agreement shall be governed by the laws of the State of Texas. (3) Time is of the essence with regard to completion of the Projects. (4) City represents and warrants to Graham that this Agreement and the person signing this Agreement on behalf of the City have been duly authorized by the City Council of the City and constitutes a legal and binding obligation of the City and enforceable in accordance with its terms. DATED as of thisS-Z1. day of January , 1 99 8 . / // I I CITY OF NORTH RICHLAND HILLS, TEXAS BY~ Tommy n, Mayor 10 STATE OF TEXAS § Acknowledgment COUNTY OF TARRANT § This instrument was acknowledged before me on the ~ day January ,1998, by Billy J. Graham and wife, Ernestine Graham. _",'~If~~, /~*'!'.'\"i'l!'t~ .:..'7 ~::. -: . . ::- - . . .. ~~~~~·,?f.·,~~t5~ JOYCE COCKRILL M'( COMMISSION EXPIRES August 17, 2000 STATE OF TEXAS § Corporate Acknowledgment COUNTY OF TARRANT § This instrument was acknowledged before me on the '1 day Januarv ,1998, by Tommy Brown, Mayor of the City of North Richland Hills, Texas, a municipal corporation, on behalf of said corporation. /.:.~;;\*.;~;;..;;~)~~>. .' ("", : I : : ~ .-.. : \'~~~:.~.:.~:.;.~;~.~~/ PATRICIA HUTSON Notary Public St;¡te of Texas My Comml>slon EXPIri?s 8.08.99 r?aÚ(U/~'~7-/ Notary Public, State of Texas After recording return to: City Secretary City of North Richland Hills P. O. Box 820609 North Richland Hills, TX 761 e2-0609 11 EXHIBIT A PART A: BEING a tract of land out of the WILLIAM MANN SURVEY, ABSTRACT NO. 1010, TARRANT County, Texas, being a portion of a 37.001 acrè tract of land described in a deed to Billy J.-Graham and wife Ernestine Graham by deed recorded in Volume 4204, Page 116, Deed Records, T~~T County( Texas and portion of a 47.254 acre tract of land described in a deed to Bllly J. Graham and wife, Ernestine Graham bv deed recorded in Volume 7627, Page 292, Deed Records, T~~~T County, Texas, and all of a tract of land described in a deed to Anita Hall and Michael Franklin Hall recorded in Volume 5859, Page 550, Deed Records, T.~T County, Texas, being more particularly described by metes and bounds as follôws: BEGINNING at a point in Hightower Drive for the Northwest corner of the said 37.001 acre Graham tract, being by deed call in the South line of the J. Condra Survey, Abstract No. 311 and in the North line of the said William Mann Su=vey, and South 89 degrees 45 minutes East, 1167.0 feet from the Northwest corner of said Mann Survey¡ THENCE South 89 degrees 45 minutes East, 512.0 feet along Hightower Drive to a point for the Northwest corner of a 3.0 acre tract of land described in a aeed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 4204, Page 114, Deed Records, TARRANT County, Texas¡ ~HENCE South, at 30.0 feet passing a 1/2 inch rebar rod set in the approximate South line of Hîghtower Drive, at 628.56 feet passing the Southwest corner of the said Graham 3.0 acre.tract, in all 694.30 feet ~o a ~/2 inch rebar rod set for corner; THENCE East 208.0 feet to a 1/2 inch rebar rod set for corner; T~ENCE North, at 65.74 feet passino the Southeast corner of the said 3.0 acre Grah~~ tract, at 663.78 feet passino a 1/2 inch rebar rod set in the South Ilne cf Hlghtower Drive, in all 693.78 feet to a point for corner; ~~ENCE South 89 àeQrees 58 minutes 42 seconds East, at 175.42 feet passing the North\~est cornér of said Hall Trac~, at 354.13 feet passinq the- r~crtheas~ cc~~er of said Hall Tract and the Northwest cc~ner of a ~=ac~ of lanà described in a àeed to Billv J. Graham anà wife, Ernestine Grah~~ recoràed in Volume 7392( Page 101, Deed Records, T~~~~T County, Te;,as, 'n all 547.21 feet to a pOlnt In ~ichtower Drive for the Northeast corner of the 1.63 acce Graham tract and tñe Northwest corner of a tract of land described in a deed to J. W. Bailev and wife, Barbara Bailex recordeà in Vcl~me 5359, Page 554 and Volume 5923, Page 321, Deed Recoras, TAR?~~~T CouDty, Texas; TEENCE South 00 àegrees 03 minutes 20 seconds West, at 30.0 feet ~assing a 1/2 inch rebar rod set in the So~th line of Hiahtower Drive, in all 3i8.88 feet to a 1/2 inch rebar roà found for the Southwest corner of the said Bailey tract; THENCE South 89 deqrees 50 minutes 19 seconds East, 226.06 feet a~ong the South line of the Bailev ~rac~ to a 1/2 inch rebar rod found for lts Southeast corner¡ - THENCE N. 01 decrees 41 minutes 49 seconds East, at 345.82 feet passino a 1/2 inch rebar Eoà set in the South line of Hiahtower Drive, in all 375.82 feet to a point for the Northeast corner of thé Bailey tract; T~ENCE North 89 deorees 54 minutes 15 seconds East, 19.91 feet to a Doint for the Northwest éorner of a tract of land conveyed to Walter Charles Williamson and Debra Denae Williamson by deed recorded in Volume 10378, Page 1915, Deed Records, TAR~~T County, Texas¡ THENCE South 01 degrees 41 minutes 49 seconds West, at 30.0 feet passing a 1/2 inch rebar rod found in the South line of Hightower Drive, in all EXE::::SIT A (page 2 ) 375.80 feet to a fence pos~ for the Southwest ~orner of the said Bailey tr:-act; TEENCE North 89 degrees 51 minutes 27 seconds East, 151.0 feet to a 1/2 inch rebar rod found for the Southeast corner:- of the s~id Bailey tract; TEENCE North 02 dearees 36 minutes 58 seconds East, at 345.25 feet passing the South line of Hiohtower Drive, at,354.98 feet passing a 1/2 incn rebar rod found, in all 375.25 feet to a pOlnt for the Northeast corner of the Bailey tract; THENCE North 89 degrees 54 minutes 15 seconds East, 49.79 feet to a point for:- the Northwest corner of a tract of land conveyed to Ezra E. Elanê and wife, Aroma Bland, by deed recorded in Volume 4777, Page 499, Deed Records, TÞ~~T County, Texas; TEENCE South 02 degrees 36 minutes 58 seconds West, at 20.27 feet passino a 1/2 inch rebar rod found, at 30.0 feet passino the approxlmate South liné of Hightower:- Drive, in all.374.50 feet to a 172 inch pipe found for the Southwest corner:- of the sald Bland tract; THENCE South 89 degrees 50 minutes 19 seconds East, at 311.5 feet passina the Southeast corner of the Bland tract and the Southwest corner or a trãct of land conveyed to A. Hubert Hawkins by deed recorded in Volume 8903, Page 5ó6, Deed Records, TARRANT Countv, Texas, in all 544.64 feet to a 1/4 inch rebar rod found for the Southeas~ corner of the Hawkins tract beina in the West line of Morgan Meadows Addition to the City of North Richland-Eills, according to the Plat recorded in Volume 388-13, Page 50, Plat Records, T.~~T County, Texas; THENCE South 00 deorees 05 minutes 46 seconds East, 15ó8.77 feet alone the East line of Morgañ Meadows Addition to a 1/2 inch rebar rod found for the Northeast corner of a tract of land conveyed to Jerrv R. Winters and wife, Shirley G. Winters by deed recorded in Volume 6550, Page 882, Deed Records, TA.F_P-.f.~Nt County, Texas i ~HE~CE South 29 deerees 12 minutes 10 seconds West, 199.78 feet to a 1/2 inch rebar rod fou~d for the Northwest corner of the Wlnters tract; ~~ENCE South 00 èecrees 04 minutes 53 seconàs Eas~1 West line of the Winters tract to a 1/2 inch reoar Northeast cerner of a tract of land conveved to T. Vickie D. Graham, tv deed recorded i~ Volûme 7825, TAR...'R...W'I' COt.:!lty I ':e:-:â.s; 519.91 feet 2lo~ç the rod found for the- Jef f Graharn ar:ò \-.' ~f e,. Page 579, Deea RecorGs, T~ENCE South 89 deorees 15 ~~nutes 54 seconds West, 300.0 feet to a l/2 inch rebar rod se~-for the Northwes~ corner of the T. Jeff Grah~~ tr~c~; T~ENCE South 00 decrees 15 m~nutes East, 168.03 feet alone the West line of the T. Jeff G=aham-t~act to a 1/2 inch reba~ roà set i~ tñe Nor~h li~e c: Chaoman Drive for the Northeast corner of a tract of land conveved to the City of North Richland Hills by deed recorded in Volume 8120, pâge 1710, Deeâ Records, TÞJL~NT County, texas; THENCE South 89 dearees 47 minutes West, 449.17 feet the North line of Chaoman Drive and the North line of the North Richland Hills trac~ to an "X,,- cut in concrete found for the Northwest corner of the North Ric~,land Hills tract and the Southeast corner of Lot 1, Block 1, Richfield Subdivision, an Adèition to the City of North Richland Hills, T~qR~N~ County, Texas, according to the Plat recorded in Volu~e 388-169, Page 18, Plat Records, TAP~qþ~T County, Texas; THENCE North 00 dearees 09 minute 54 seconds West, 1302.44 feet alonG the East line of Block-l of said Rich ield Subdivision to a 1/2 inch rebar rod set for the Northeast corner of L t 18, Block 1; THENCE West (base bearing by deed in Volume 4204, Page l1ó, Deed Records, EXHIBIT A (page 3) T.~_~T County, Texas), 1306.59 feet to a 1/2 inch rebar rod set for the Northwes~ corner of Lot 27, Block 6, Richfield Subdivision, being the Southeast corner of a tract of land conveyed to HKEM #2 - Tom Ellis and Ted Pittman by deed recorded in Volume 7861, Page 915, Deed Records, TARRANT County, Texas; .- THENCE North 00 decrees 08 minutes West, at 1320.21 feet passing a 1/2 inch rebar rod set for Ehe Northeast corner of the said HKEM #2 tract, in all 1345.0 feet to the POINT OF BEGINNING and CONTAINING 82.24 acres of land, more or less. SAVE AND EXCEPT therefrom the following described tract, to-wit: BEING all that certain tract, lot, or parcel of land situated, lying and being in the County of TARRANT, State of Texas, and described as follows: BEING a two (2) acre tract of land out of the WILLIAM MANN SURVEY, ABSTRACT 1010, TARRANT County, Texas, and more particularly described as follows: BEGINNING at an iron Abstract 311, and in 1010. Said iron pin the Northwest corñer the J. Condra Survey pin in the South line of the J. Condra Survey, the North line of the William Mann Survey, Abstract beina South 89 degrees 45 minutes, East 2257.79 feet of tñe William Mann Survey and the Southwest corner of in TAR~NT County, Texas; THENCE South 00 degrees, 12 minutes East 32.30 feet to an iron pin; THENCE South 00 degrees, 12 minutes East 385.15 feet to an iron pin; THENCE North 89 degrees, 45 minutes West 208.71 feet to an iron pin; THENCE North 00 degrees, 12 minutes West 385.12 feet to an iron pin; THENCE North 00 degrees, 12 minutes West 32.3 feet to an iron pin; TEENCE South 89 dearees, 45 minutes East 208.71 feet along the cente:.- of County Road #3051 to the POINT OF BEGINNING, and CONTAINING 2.000 acres of land. FURTHER SAVE AND EXCEPT' therefrom all land conveyed to the City of North Richland Hills, Texas. Deed of Trust THE STATE OF TEXAS, ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That BILLY...1. GRAHAM AND WIFE. ERNESTINE GRAHAM of Tarrant County, Texas, hereinafter styled parties of the first part; (and considered in the plural sense whether one or more) in consideration of the sum of One Dollar in hand paid to the parties of the first part, by M. J. McEntire, Trustee, party of the second part, of Tarrant County, Texas, the receipt whereof is hereby acknowledged, and of the further consideration, uses, purposes and trusts herein set forth and declared, have Granted, Bargained, Sold, Aliened, Conveyed and Confirmed, and by these presents do Grant, Bargain, Sell, Alien, Convey and Confirm, unto the said party of the second part, and also to the Substitute Trustee, as hereinafter provided, all of the following described property, lying and situated in the County of Tarrant, in the State of Texas, to-wit: See Exhibit "A" attached hereto and made a part hereof for all purposes, together with all improvements thereon, or hereafter to be placed thereon, and all and singular the rights and appurtenances to the same belonging or in anywise incident or appertaining subject to easements, rights-of-way and prescriptive rights, and all presently recorded instruments (other than conveyances), restrictions, reservations, covenants, liens and conditions that affect the property, and ad valorem taxes for the current year (collectively, the "Permitted Encumbrances." TO HAVE AND TO HOLD unto the said party of the second part, and to his successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrant and Defend subject to the Permitted Encumbrances the premises aforesaid, and every part thereof, unto the said Trustee and to the Substitute Trustee, and to the assigns of any Trustee hereunder, against all persons whomsoever lawfully claiming or to claim the same or any part thereof by, through or under the parties of the first part but not otherwise, for and upon the following trusts, terms and conditions, to-wit: That, Whereas, the said parties of the first part are justly indebted to the City of North Richland Hills, Texas, party of the third part herein, as Januarv evidenced by that certain Agreement dated as of / executed by the said 1998 parties of the first part and the City of North Richland Hills which obligates parties of the first part and their heirs and assignees to pay the sum of $220,000.00 toward the cost of Calloway Branch Channel Improvement Project (KEF No. 3-380) when all terms and conditions precedent of said AGREEMENT relating to the Calloway Branch Channel Improvement Project have been met by the said City and in accordance with such Agreement. This Deed of Trust is given to secure only the payment of said indebtedriess in the amount of $220,000. Now, should the said parties of the first part make prompt payment of said indebtedness, and shall pay, or cause to be paid, all other indebtedness secured by this conveyance, both principal and interest, as the same shall become due and payable, and strictly comply with all the conditions and requirements herein provided, then this conveyance shall become null and void and of no further force or effect, and shall be released at the cost and Deed of Trust/Page 1 EXHIBIT "B" expense of said parties of the first part. But should the said parties of the first part make default in the punctual payment of said indebtedness, or any part thereof, principal or interest, as the same shall become due and payable, or should said parties of the first part in any respect fail to keep and perform anyone or more of the conditions herein provided to be kept and performed by said parties of the first part, then, in such case, the whole amount of said indebtedness remaining shall, at the option of the holder of said indebtedness, immediately mature and become payable, and it shall thereupon, or at any time thereafter, the same, or any part thereof, remaining unpaid, be the duty of the said party of the second part herein, and of his successor or substitute, as hereinafter provided, on the request of the holder of said indebtedness thereof (which request is hereby presumed) to enforce this Trust; and after advertising the time, place and terms of the sale of all of the above conveyed and described property, or any part thereof (the privilege of selling in whole or in part being hereby granted) for at least twenty-one days successively next before the day of sale, by posting up written or printed notices thereof at the door of the Courthouse of the County, or each County, in which said real estate is situated, to sell the same, in accordance with such advertisement, at pubic vendue, at the Courthouse door of the County in which the sale is to be made, on the first Tuesday in any month between the hours of ten o'clock a.m. and four p.m. to the highest bidder for cash, selling all property above conveyed as an entirety or in parcels as the Trustee may elect, and make due conveyance to the purchaser or purchasers, with general warranty, binding the said parties of the first part herein and their heirs and assigns; and, out of the money arising from such sale, the Trustee acting shall pay: First, all the expenses of advertising sale and conveyance, including a commission of five per cent to himself, and then to the holder of said indebtedness, the full amount of principal and interest due and unpaid on said indebtedness, as hereinbefore set forth, and all taxes, assessments, insurance premiums or other advancements made, as provided for herein, with interest thereon, rendering the balance of the purchase money, if any, to the said parties of the first part, their heirs or assigns, and said sale shall forever be a perpetual bar against the said parties of the first part, their heirs and assigns, and all other persons claiming under any of them. It is expressly agreed that the recitals in the conveyance to the purchaser shall be full evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be presumed to have been performed. The holder of said indebtedness shall have equal rights to become the purchaser at such sale, being the highest bidder. In additon to the posting of the notice provided for above, the holder of said indebtedness shall, at least twenty-one days preceding the date specified in the hereinabove described notice as the date upon which said property will be sold as aforesaid, serve written notice of the proposed sale by certified mail on each debtor obligated to pay such debt according to the records of the holder of said indebtedness which service shall be completed upon deposit of the notice, or a copy thereof, enclosed in a postpaid wrapper, properly addressed to each of such debtors at the most recent address as shown by the records of the holder of such indebtedness, in a post office or official depository under the care and custody of the United states Postal Service or its successors. It is expressly agreed that the affidavit of any person having knowledge of the facts to the effect that such service was completed as aforesaid, shall be prima facie evidence of the fact of such service and it is further expressly agreed and stipulated that the party of the second part, or any employee, agent or representative of the holder of said indebtedness may make such service as aforesaid. Deed of Trust/Page 2 EXHIBIT "B" In any event, with or without cause or reason, at the option of the holder of the indebtedness, a successor and substitute Trustee may be named, constituted and appointed by the said holder of said indebtedness, without other formality than an appointment and designation in writing; and this conveyance shall vest in him, as Trustee, the estate and title in all said premises and he shall thereupon hold, possess and execute all the title, rights, powers and duties herein conferred on said Trustee named, and his conveyance to the purchaser shall be equally valid and effective; and such right to appoint a successor or Substitute Trustee shall exist as often and whenever from any of said causes, any Trustee, original or substitute, cannot or will not act. It is agreed and stipulated that the parties of the first part herein shall and will at their own proper cost and expense, keep the property and premises herein described, and upon which a lien is hereby given and created, in good repair and condition, and to pay and discharge as they are or may become payable, all and every taxes and assessments that are or may become payable thereon under any law, ordinance or regulation, whether made by Federal, State or Municipal authority, and shall keep said property fully insured in some company or companies approved by the holder of said indebtedness, to whom the loss, if any, shall be payable, and by whom the policies shall be kept. And in case of default made by the parties of the first part in performance of any of the foregoing stipulations, the same may be performed by the holder of said indebtedness, for account and at the expense of the parties of the first part, and any and all expenses incurred and paid in so doing shall be payable by the parties of the first part to the party of the third part with interest at the rate of ten per cent per annum from the date when the same was so incurred or paid, and shall stand secured and payable by and under this deed of trust in like manner with the other indebtedness herein mentioned, and the amount and nature of such expense and time when paid shall be held fully established by the affidavit of the holder of said indebtedness, or the holder's agent, or by the certificate of any Trustee acting hereunder. Provided, however, that the exercise of the right of advancement shall in nowise be considered or constitute a waiver of the right of the holder of said indebtedness to declare same, and all other indebtedness hereunder to be at once due and payable. It is further agreed and stipulated that the security herein and hereby provided shall not affect, nor be affected by, any other or further security taken or to be taken for the same indebtedness, or any part thereof; and the said parties of the first part hereby declare that the propety hereinbefore mentioned and conveyed to said party of the second part forms no part of any property by them owned, used, occupied or claimed as their homestead or as exempt from forced sale under the laws of the State of Texas, and disclaim and renounce all and evey claim thereto under any such law or laws. It is further agreed and stipulated by parties of the first part that in the event of any sale, under the terms of this deed of trust by the Trustee or a successor substitute Trustee, of the above described property, parties of the first part, their heirs (or successors) and assigns or any party holding possession of the above described property shall forthwith deliver possession of the property to the purchaser at such sale and upon failure to so deliver possession, the relationship of landlord and tenant at will shall be creat:ed, and upon demand said purchaser shall be entitled to institute and proceed with a Forcible Detainer action in the Justice of the Peace Court in the Justice Precinct in which said property is located. n............,..1 _& IT'vo........+- ID.,,....,r. '1 EXHI81T "8" It is expressly understood and agreed that the recitals in the conveyance to the purchaser at said sale shall be full evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be conclusively presumed to have been performed, and such sale and conveyance shall be conclusive against the Parties of the First Part herein, their heirs and assigns, whether such prerequisites shall have been performed or shall not have been performed. This Deed of Trust is made pursuant to and is subject to the terms of the Agreement referred to herein, the lien of this Deed of Trust and the property described herein shall be released in accordance with the terms and conditions of such Agreement. WITNESS our hand this day of January , 1998. Billy J. Graham Ernestine Graham THE STATE OF TEXAS COUNTY OF TARRANT § § ACKNOWLEDGMENT BEFORE ME, the undersigned, a Notary Public for State of Texas, on this day personally appeared Billy J. Graham and Ernestine Graham known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed this day of January , 1998. Notary Public, State of Texas n",,,,rl nf' 'T'rllc;t-/Pp!rIP 4 EXHIBIT "B" EXHIBIT A PART A: BEING a tract of land out of the WILLIAM MANN SURVEY, ABSTRACT NO. 1010, TARRANT County, Texas, being a portion of a 37.001 acrè tract of land described in a deed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 4204, Page 116, Deed Records, TARRANT County, Texas and portion of a 47.254 acre tract of land described in a deed to B~lly J. ~raham .and wife, Ernestine Graham by deed recorded in Volume 7627, Page 292, Deed Records, TARRANT county, Texas, and all of a tract of land described in a deed to Anita Hal and Michael Franklin Hall recorded in Volume 5859, Page 550, Deed Records, TARRANT County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in Hightower Drive for the Northwest corner of the said 37.001 acre Graham tract, being by deed call in the South line of the J. Condra Survey, Abstract No. 311 and in the North line of the said William Mann Survey, and South 89 degrees 45 minutes East, 1167.0 feet from the Northwest corner of said Mann Survey; . THENCE South 89 degrees 45 minutes East, 512.0 feet along Hightower Drive to a point for the Northwest corner of a 3.0 acre tract of land described in a aeed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 4204, Page 114, Deed Records, TARRANT county, Texas; THENCE South, at 30.0 feet passing a 1/2 inch rebar rod set in the approximate south line of H~ghtower Drive, at 628.56 feet passing the Southwest corner of the said Graham 3.0 acre tract, in all 694.30 feet to a 1/2 inch rebar rod set for corner; THENCE East 208.0 feet to a 1/2 inch rebar rod set for corner; THENCE North, at 65.74 feet passing the Southeast corner of the said 3.0 acre Grah~~ tract, at 663.78 feet passinq a 1/2 inch rebar rod set in the South line of Hightower Drive, in all 693.78 feet to a point for corner; THENCE South 89 degrees 58 minutes 42 seconds East, at 175.42 feet passing the Northwest corner of said Hall Tract, at 384.13 feet passing the Northeast corner of said Hall Tract and the Northwest corner of a tract of land described in a deed to Billy J. Graham and wife, Ernestine Graham recorded in Volume 7392( Page 101, Deed Records, TARRANT County, Texas, in all 547.21 feet to a po~nt ~n Hightower Drive for the Northeast corner of the 1.63 acre Graham tract and the Northwest corner of a tract of land described in a deed to J. W. Bailey and wife, Barbara Bailey recorded in Volume 5359, Page 554 and Volume 5923, Page 321, Deed Recoras, TARRANT County, Texas; THENCE South 00 degrees 03 minutes 20 seconds West, at 30.0 feet passing a 1/2 inch rebar rod set in the South line of Hightower Drive, in all 378.88 feet to a 1/2 inch rebar rod found for the Southwest corner of the said Bailey tract; THENCE South 89 degrees 50 minutes 19 seconds East, 226.06 feet along the South line of the Bailey tract to a 1/2 inch rebar rod found for its Southeast corner; THENCE N. 01 degrees 41 minutes 49 seconds East, at 345.82 feet passin~ a 1/2 inch rebar rod set in the South line of Hiahtower Drive, in all 37~.82 feet to a point for the Northeast corner of thé Bailey tract; THENCE North 89 degrees 54 minutes 15 seconds East, 19.91 feet to a point for the Northwest corner of a tract of land conveyed to Walter Charles Williamson and Debra Denae Williamson by deed recorded in Volume 10378, Page 1915, Deed Records, TARRANT County, Texas; THENCE South 01 degrees 41 minutes 49 seconds West, at 30.0 feet passing a 1/2 inch rebar rod found in the South line of Hightower Drive, in all ~ ~ EXHIBIT A (page 2 ) 375.80 feet to a fence post for the Southwest~orner of the said Bailey tract; THENCE North 89 degrees 51 minutes 27 seconds East, 151.0 feet to a 1/2 inch rebar rod found for the Southeast corner of the s~id Bailey tract; THENCE North 02 degrees 36 minutes 58 seconds East, at 345.25 feet passing the South line of Hightower Drive, at 354.98 feet passing a 1/2 inch rebar rod found, in all 375.25 feet to a point for the Northeast corner of the Bailey tract; THENCE North 89 degrees 54 minutes 15 seconds East, 49.79 feet to a point for the Northwest corner of a tract of land conveyed to Ezra E. Blana and wife, Aroma Bland, by deed recorded in Volume 4777, Page 499, Deed Records, TARRANT County, Texas; THENCE South 02 degrees 36 minutes 58 seconds West, at 20.27 feet passing a 1/2 inch rebar rod foundi at 30.0 feet passing the approximate South line of Hightower Drive, in a 1 374.50 feet to a 1/2 inch pipe found for the Southwest corner of the said Bland tract; THENCE South 89 degrees 50 minutes 19 seconds East, at 311.5 feet passing the southeast corner of the Bland tract and the Southwest corner or a tract of land conveyed to A. Hubert Hawkins by deed recorded in Volume 8903, Page 566, Deed Records, TARRANT County, Texas, in all 544.64 feet to a 1/4 inch rebar rod found for the Southeast corner of the Hawkins tract being in the West line of Morgan Meadows Addition to the City of North Richland Hills, according to the Plat recorded in Volume 388-13, Page 50, Plat Records, TARRANT County, Texas; THENCE South 00 degrees 05 minutes 46 seconds East, 1568.77 feet along the East line of Morgan Meadows Addition to a 1/2 inch rebar rod found for the Northeast corner of a tract of land conveyed to Jerry R. Winters and wife, Shirley G. Winters by deed recorded in Volume 6550, Page 882, Deed Records, TARRANT County, Texas; THENCE South 89 degrees 18 minutes 10 seconds West, 199.78 feet to a 1/2 inch rebar rod found for the Northwest corner of the Winters tract; THENCE South 00 degrees 04 minutes 58 seconds East, 519.91 feet along the West line of the W~nters tract to a 1/2 inch rebar rod found for the Northeast corner of a tract of land conveyed to T. Jeff Graham and wife, Vickie D. Graham, by deed recorded in Volume 7825, Page 579, Deed Records, TARRANT County, Texas; THENCE South 89 degrees 15 minutes 54 seconds West, 300.0 feet to a 1/2 inch rebar rod set for the Northwest corner of the T. Jeff Graham tract; THENCE South 00 degrees 15 minutes East, 168.03 feet along the West line of the T. Jeff Graham tract to a 1/2 inch rebar rod set in the North line of Chapman Drive for the Northeast corner of a tract of land conveyed to the City of North Richland Hills by deed recorded in Volume 8120, Page 1710, Deea Records, TARRANT County, Texas; THENCE South 89 degrees 47 minutes West, 449.17 feet the North line of Chapman Drive and the North line of the North Richland Hills tract to an "X" cut in concrete found for the Northwest corner of the North Richland Hills tract and the Southeast corner of Lot 1, Block 1, Richfield Subdivision, an Addition to the City of North Richland Hills, TARRANT County, Texas, according to the Plat recorded in Volume 388-169, Page 18, Plat Records, TARRANT County, Texas; THENCE North 00 degrees 09 minutes 54 seconds West, 1302.44 feet along the East line of Block 1 of said Richfield Subdivision to a 1/2 inch rebar rod set for the Northeast corner of Lot 18, Block 1; THENCE West (base bearing by deed in Volume 4204, Page 116, Deed Records, EXHIBIT A (page 3) TARRANT County, Texas), 1306.59 feet to a 1/2 inch rebar rod set for the Northwest corner of Lot 27, Block 6, Richfield Subdivision, being the southeast corner of a tract of land conveyed to HKEM #2 - Tom Ellis and Ted Pittman by deed recorded in Volume 7861, Page 915, Deed Records, TARRANT County, Texas; -- THENCE North 00 degrees 08 minutes West, at 1320.21 feet passing a 1/2 inch rebar rod set for the Northeast corner of the said HKEM #2 tract, in all 1345.0 feet to the POINT OF BEGINNING and CONTAINING 82.24 acres of land, more or less. SAVE AND EXCEPT therefrom the following described tract, to-wit: BEING all that certain tract, lot, or parcel of land situated, lying and being in the County of TARRANT, State of Texas, and described as follows: BEING a two (2) acre tract of land out of the WILLIAM MANN SURVEY, ABSTRACT 1010, TARRANT tounty, Texas, and more particularly described as follows: BEGINNING at an iron pin in the South line of the J. Condra Survey, Abstract 311, and in the North line of the William Mann Survey, Abstract 1010. Said iron pin being South 89 degrees 45 minutes, East 2257.79 feet the Northwest corner of tne William Mann Survey and the Southwest corner of the J. Condra Survey in TARRANT County, Texas; THENCE South 00 degrees, THENCE South 00 degrees, THENCE North 89 degrees, THENCE North 00 degrees, THENCE North 00 degrees, THENCE South 89 decrrees, County Road #3051 to the land. 12 minutes East 32.30 feet to an iron pin; 12 minutes East 385.15 feet to an iron pin; 45 minutes West 208.71 feEt to an iron pin; 12 minutes West 385.12 feet to an iron pin; 12 minutes West 32.3 feet to an iron pin; 45 minutes East 208.71 feet along the center of POINT OF BEGINNING, and CONTAINING 2.000 acres of FURTHER SAVE AND EXCEPI' therefrom all land conveyed to the City of North Richland Hills, Texas. Deed of Trust THE STATE OF TEXAS, ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That BILLY 0. GRAHAM AND WIFE, ERNESTINE GRAHAM of Tarrant County, Texas, hereinafter styled parties of the first part; (and considered in the plural sense whether one or more) in consideration of the sum of One Dollar in hand paid to the parties of the first part, by M. J. McEntire, Trustee, party of the second part, of Tarrant County, Texas, the receipt whereof is hereby acknowledged, and of the further consideration, uses, purposes and trusts herein set forth and declared, have Granted, Bargained, Sold, Aliened, Conveyed and Confirmed, and by these presents do Grant, Bargain, Sell, Alien, Convey and Confirm, unto the said party of the second part, and also to the Substitute Trustee, as hereinafter provided, all of the following described property, lying and situated in the County of Tarrant, in the State of Texas, to-wit: See Exhibit "A" attached hereto and made a part hereof for all purposes. together with all improvements thereon, or hereafter to be placed thereon, and all and singular the rights and appurtenances to the same belonging or in anywise incident or appertaining subject to easements, rights-of-way and prescriptive rights, and all presently recorded instruments (other than conveyances), restrictions, reservations, covenants, liens and conditions that affect the property, and ad valorem taxes for the current year (collectively, the "permitted Encumbrance". TO HAVE AND TO HOLD unto the said party of the second part, and to his successors and his and their assigns forever, hereby covenanting and agreeing to Forever Warrant and Defend subject to the Permitted Encumbrances the premises aforesaid, and every part thereof, unto the said Trustee and to the Substitute Trustee, and to the assigns of any Trustee hereunder, against all persons whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under the parties of the first part but not otherwise, for and upon the following trusts, terms and conditions, to-wit: That, Whereas, the said parties of the first part are justly indebted to the City of North Richland Hills, Texas, party of the third part herein, as January , evidenced by that certain Agreement dated as of / executed by the saia- 19~ parties of the first part and the City of North Richland Hills which obligates parties of the first part and their heirs and assignees to pay the sum of $90,000.00 toward the cost of Hightower Drive Project (KEF No.3-389)when all terms and conditions precedent of said AGREEMENT relating to the Hightower Drive Project have been met by the said City and in accordance with such Agreement. This deed of trust is given to secure only the payment of said indebtedness in the amount of $90,000. Now, should the said parties of the first part make prompt payment of said indebtedness, and shall pay, or cause to be paid, all other indebtedness secured by this conveyance, both principal and interest, as the same shall become due and payable, and strictly comply with all the conditions and requirements herein provided, then this conveyance shall become null and void Deed of Trust/Page 1 EXHIBIT "C" and of no further force or effect, and shall be released at the cost and expense of said parties of the first part. But should the said parties of the first part make default in the punctual payment of said indebtedness, or any part thereof, principal or interest, as the same shall become due and payable, or should said parties of the first part in any respect fail to keep and perform anyone or more of the conditions herein provided to be kept and performed by said parties of the first part, then, in such case, the whole amount of said indebtedness remaining shall, at the option of the holder of said indebtedness, immediately mature and become payable, and it shall thereupon, or at any time thereafter, the same, or any part thereof, remaining unpaid, be the duty of the said party of the second part herein, and of his successor or substitute, as hereinafter provided, on the request of the holder of said indebtedness thereof (which request is hereby presumed) to enforce this Trust; and after advertising the time, place and terms of the sale of all of the above conveyed and described property, or any part thereof (the privilege of selling in whole or in part being hereby granted) for at least twenty-one days successively next before the day of sale, by posting up written or printed notices thereof at the door of the Courthouse of the County, or each County, in which said real estate is situated, to sell the same, in accordance with such advertisement, at pubic vendue, at the Courthouse door of the County in which the sale is to be made, on the first Tuesday in any month between the hours of ten o'clock a.m. and four p.m. to the highest bidder for cash, selling all property above conveyed as an entirety or in parcels as the Trustee may elect, and make due conveyance to the purchaser or purchasers, with general warranty, binding the said parties of the first part herein and their heirs and assigns; and, out of the money arising from such sale, the Trustee acting shall pay: First, all the expenses of advertising sale and conveyance, including a commission of five per cent to himself, and then to the holder of said indebtedness, the full amount of principal and interest due and unpaid on said indebtedness, as hereinbefore set forth, and all taxes, assessments, insurance premiums or other advancements made, as provided for herein, with interest thereon, rendering the balance of the purchase money, if any, to the said parties of the first part, their heirs or assigns, and said sale shall forever be a perpetual bar against the said parties of the first part, their heirs and assigns, and all other persons claiming under any of them. It is expressly agreed that the recitals in the conveyance to the purchaser shall be full evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be presumed to have been performed. The holder of said indebtedness shall have equal rights to become the purchaser at such sale, being the highest bidder. In additon to the posting of the notice provided for above, the holder of said indebtedness shall, at least twenty-one days preceding the date specified in the hereinabove described notice as the date upon which said property will be sold as aforesaid, serve written notice of the proposed sale by certified mail on each debtor obligated to pay such debt according to the records of the holder of said indebtedness which service shall be completed upon deposit of the notice, or a copy thereof, enclosed in a postpaid wrapper, properly addressed to each of such debtors at the most recent address as shown by the records of the holder of such indebtedness, in a post office or official depository under the care and custody of the United States Postal service or its successors. It is expressly agreed that the affidavit of any person having knowledge of the facts to the effect that such service was completed as aforesaid, shall be prima facie evidence of the fact of such service and it is further expressly agreed and stipulated that the party of the second part, or any employee, agent or representative of the holder of Deed of Trust/Page 2 EXHIBIT "C" said indebtedness may make such service as aforesaid. In any event, with or without cause or reason, at the option of the holder of the indebtedness, a successor and substitute Trustee may be named, constituted and appointed by the said holder of said indebtedness, without other formality than an appointment and designation in writing; and this conveyance shall vest in him, as Trustee, the estate and title in all said premises and he shall thereupon hold, possess and execute all the title, rights, powers and duties herein conferred on said Trustee named, and his conveyance to the purchaser shall be equally valid and effective; and such right to appoint a successor or Substitute Trustee shall exist as often and whenever from any of said causes, any Trustee, original or substitute, cannot or will not act. It is agreed and stipulated that the parties of the first part herein shall and will at their own proper cost and expense, keep the property and premises herein described, and upon which a lien is hereby given and created, in good repair and condition, and to pay and discharge as they are or may become payable, all and every taxes and assessments that are or may become payable thereon under any law, ordinance or regulation, whether made by Federal, State or Municipal authority, and shall keep said property fully insured in some company or companies approved by the holder of said indebtedness, to whom the loss, if any, shall be payable, and by whom the policies shall be kept. And in case of default made by the parties of the first part in performance of any of the foregoing stipulations, the same may be performed by the holder of said indebtedness, for account and at the expense of the parties of the first part, and any and all expenses incurred and paid in so doing shall be payable by the parties of the first part to the party of the third part with interest at the rate of ten per cent per annum from the date when the same was so incurred or paid, and shall stand secured and payable by and under this deed of trust in like manner with the other indebtedness herein mentioned, and the amount and nature of such expense and time when paid shall be held fully established by the affidavit of the holder of said indebtedness, or the holder's agent, or by the certificate of any Trustee acting hereunder. Provided, however, that the exercise of the right of advancement shall in nowise be considered or constitute a waiver of thE! right of the holder of said indebtedness to declare same, and all other indebtedness hereunder to be at once due and payable. It is further agreed and stipulated that the security herein and hereby provided shall not affect,. nor be affected by, any other or further security taken or to be taken for the same indebtedness, or any part thereof; and the said parties of the first part hereby declare that the propety hereinbefore mentioned and conveyed to said party of the second part forms no part of any property by them owned, used, occupied or claimed as their homestead or as exempt from forced sale under the laws of the State of Texas, and disclaim and renounce all and evey claim thereto under any such law or laws. It is further agreed and stipulated by parties of the first part that in the event of any sale, under the terms of this deed of trust by the Trustee or a successor substitute Trustee, of the above described property, parties of the first part, their heirs (or successors) and assigns or any party holding possession of the above described property shall forthwith deliver possession of the property to the purchaser at such sale and upon failure to so deliver possession, the relationship of landlord and tenant at will shall be created, and upon demand said purchaser shall be entitled to institute and proceed with a Forcible Detainer action in the Justice of the Peace Court in the Justice Precinct in which said property is located. nÇ>pr1 nr 'T'rl1",t-/P;¡rrp 1 EXHIBIT "C" It is expressly understood and agreed that the recitals in the conveyance to the purchaser at said sale shall be full evidence of the truth of the matters therein stated, and all prerequisites to said sale shall be conclusively presumed to have been performed, and such sale and conveyance shall be conclusive against the Parties of the First Part herein, their heirs and assigns, whether such prerequisites shall have been performed or shall not have been performed. This Deed of Trust is made pursuant to and is subject to the terms of the Agreement referred to herein, the lien of this Deed of Trust and the property described herein shall be released in accordance with the terms and conditions of such Agreement. WITNESS our hand this day of January , 1998. Billy J. Graham Ernestine Graham THE STATE OF TEXAS COUNTY OF TARRANT § § ACKNOWLEDGMENT BEFORE ME, the undersigned, a Notary Public for State of Texas, on this day personally appeared Billy J. Graham and Ernestine Graham known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed this day of January ,1998. Notary Public, State of Texas nðð~ n-F rr'Y"n~+-/P~{"fÇl 4 EXHIBIT "C" EXHIBIT A PART A: BEING a tract of land out of the WILLIAM MANN SURVEY, ABSTRACT NO. 1010, TARRANT County, Texas, being a portion of a 37.001 acre tract of land described in a deed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 4204, Page 116, Deed Records, TARRANT County! Texas and portion of a 47.254 acre tract of land described in a deed to B~lly J. Graham .and wife, Ernestine Graham by deed recorded in Volume 7627, Page 292, ~eed ~ecords, TARRANT County, Texas, and all of a tract of land descr~bed ~n a deed to Anita Hall and Michael Franklin Hall recorded in Volume 5859, Page 550, Deed Records, TARRANT County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in Hightower Drive for the Northwest corner of the said 37.001 acre Graham tract, being by deed call in the South line of the J. Condra Survey, Abstract No. 311 and in the North line of the said William Mann Survey, and South 89 degrees 45 minutes East, 1167.0 feet from the Northwest corner of said Mann Survey; THENCE South 89 degrees 45 minutes East, 512.0 feet along Hightower Drive to a point for the Northwest corner of a 3.0 acre tract of land described in a aeed to Billy J. Graham and wife Ernestine Graham by deed recorded in Volume 4204, Page 114, Deed Records, TARRANT County, Texas; THENCE South, at 30.0 feet passing a 1/2 inçh rebar rod set in the approximate South line of H~ghtower Drive, at 628.56 feet passing the Southwest corner of the said Graham 3.0 acre tract, in all 694.30 feet to a 1/2 inch rebar rod set for corner; THENCE East 208.0 feet to a 1/2 inch rebar rod set for corner; THENCE North, at 65.74 feet passing the Southeast corner of the said 3.0 acre Graham tract, at 663.78 feet passing a 1/2 inch rebar rod set in the South line of Hightower Drive, in all 693.78 feet to a point for corner; THENCE South 89 degrees 58 minutes 42 seconds East, at 175.42 feet passing the Northwest corner of said Hall Tract, at 384.13 feet passin9 the Northeast corner of said Hall Tract and the Northwest corner at a tract of land described in a deed to Billy J. Graham and wife, Ernestine Graham recorded in Volume 7392( Page 101, Deed Records, T~~T County, Texas, in all 547.21 feet to a po~nt ~n Hiahtower Drive for the Northeas~ corner of the 1.63 acre Graham tract and the Northwest corner of a tract of land described in a deed to J. W. Bailev and wife, Barbara Bailey recorded in Volume 5359, Page 554 and Volume 5923, Page 321, Deed Recoras, TARRANT County, Texas; THENCE South 00 degrees 03 minutes 20 seconds West, at 30.0 feet passing a 1/2 inch rebar rod set in the South line of Hightower Drive, in all 378.88 feet to a 1/2 inch rebar rod found for the Southwest corner of the sa~d Bailey tract; THENCE South 89 degr~es 50 minutes 19 se~onds East, 226.06 feet along the South line of the Ba~ley tract to a 1/2 ~nch rebar rod found for ~ts Southeast corner; THENCE N. 01 degrees 41 minutes 49 seconds East, at 345.82 feet passin~ a 1/2 inch rebar rod set in the South line of Hightower Drive, in all 37.J.82 feet to a point for the Northeast corner of the Bailey tract; THENCE North 89 degrees 54 minutes 15 seconds East, 19.91 feet to a point for the Northwest corner of a tract of land conveyed to Walter Charles Williamson and Debra Denae Williamson by deed recorded in Volume 10378, Page 1915, Deed Records, TARRANT County, Texas; THENCE South 01 degrees 41 minutes 49 seconds West, at 30.0 feet passing a 1/2 inch rebar rod found in the South line of Hightower Drive, in all EXHIBIT A (page 2) 375.80 feet to a fence post for the Southwest ~orner of the said Bailey tract; THENCE North 89 degrees 51 minutes 27 seconds East, 151.0 feet to a 1/2 inch rebar rod found for the Southeast corner of the sðid Bailey tract; THENCE North 02 deorees 36 minutes 58 seconds East, at 345.25 feet passing the South line of aightower Drive, at 354.98 feet passing a 1/2 inch rebar rod found, in all 375.25 feet to a point for the Northeast corner of the Bailey tract; THENCE North 89 degrees 54 minutes 15 seconds East, 49.79 feet to a point for the Northwest corner of a tract of land conveyed to Ezra E. Blana and wife, Aroma Bland, by deed recorded in Volume 4777, Page 499, Deed Records, TÞ~T County, Texas¡ THENCE South 02 degrees 36 minutes 58 seconds West, at 20.27 feet passing a 1/2 inch rebar rod foundi at 30.0 feet passing the approximate South line of Hightower Drive, in a 1 374.50 feet to a 1/2 inch pipe found for the Southwest corner of the said Bland tract¡ THENCE South 89 degrees 50 minutes 19 seconds East, at 311.5 feet Eassing the Southeast corner of the Bland tract and the Southwest corner or a tract of land conveyed to A. Hubert Hawkins by deed recorded in Volume 8903, Page 566, Deed Records, TARRANT County, Texas, in all 544.64 feet to a 1/4 inch rebar rod found for the Southeast corner of the Hawkins tract beinG in the West line of Morgan Meadows Addition to the City of North Richland"Hills, accordino to the Plat recorded in Volume 388-13, Page 50, Plat Records, TARRANT tounty, Texas; THENCE South 00 degrees 05 minutes 46 seconds East, 1568.77 feet along the East line of Moroan Meadows Addition to a 1/2 inch rebar rod found for the Northeast corner-of a tract of land conveyed to Jerrv R. Winters and wife, Shirley G. Winters by deed recorded in Volume 6550, Þage 882, Deed Records, TARRANt County, Texas; THENCE South 89 decrees 18 minutes 10 seconds West, 199.78 feet to a 1/2 inch rebar rod fouñd for the Northwest corner of the Winters tract; THENCE South 00 degrees 04 minutes 58 seconds East, 519.91 feet along the West line of the W~nters tract to a 1/2 inch rebar rod found for the Northeast corner of a tract of land conveyed to T. Jeff Grah~~ and wife, Vickie D. Graham, by deed recorded in Volume 7825, Page 579, Deed Records, TARRANT County, Texas; THENCE South 89 degrees 15 minutes 54 seconds West, 300.0 feet to a 1/2 inch rebar rod set for the Northwest corner of the T. Jeff Graham tract¡ THENCE South 00 degrees 15 minutes East, 168.03 feet along the West line of the T. Jeff Graham tract to a 1/2 inch rebar rod set in the North line of Chapman Drive for the Northeast corner of a tract of land conveyed to the CitX of North Richland Hil1s by deed recorded in Volume 8120, Page 1710, Deea Records, TARRANT County, Texas; THENCE South 89 degrees 47 minutes West, 449.17 feet the North line of Chapman Drive and the North line of the North Richland Hills tract to an "X" cut in concrete found for the Northwest corner of the North Richland Hills tract and the Southeast corner of Lot I, Block I, Richfield Subdivision, an Addition to the City of North Richland Hills, TARRANT County, Texas, according to the Plat recorded in Volume 388-169, Page 18, Plat Records, TARRANT County, Texas; THENCE North 00 degrees 09 minutes 54 seconds West, 1302.44 feet along the East line of Block 1 of said Richfield Subdivision to a 1/2 inch rebar rod set for the Northeast corner of Lot 18, Block 1; THENCE West (base bearing by deed in Volume 4204, Page 116, Deed Records, EXHIBIT A (page 3) TARRANT County, Texas), 1306.59 feet to a 1/2 inch rebar rod set for the Northwest corner of Lot 27, Block 6, Richfield Subdivision, being the Southeast corner of a tract of land conveyed to HKEM #2 - Tom Ellis and Ted Pittman by deed recorded in Volume 7861, Page 915, Deed Records, TARRANT county, Texas; - THENCE North 00 degrees 08 minutes West, at 1320.21 feet passing a 1/2 inch rebar rod set for the Northeast corner of the said HKEM #2 tract, in all 1345.0 feet to the POINT OF BEGINNING and CONTAINING 82.24 acres of land, more or less. SAVE AND EXCEPT therefrom the following described tract, to-wit: BEING all that certain tract, lot, or parcel of land situated, lying and being in the County of TARRANT, State of Texas, and described as follows: BEING a two (2) acre tract of land out of the WILLIAM MANN SURVEY, ABSTRACT 1010, TARRANT County, Texas, and more particularly described as follows: BEGINNING at an iron pin in the South line of the J. Condra Survey, Abstract 311, and in the North line of the William Mann Survey, Abstract 1010. Said iron pin being South 89 degrees 45 minutes, East 2257.79 feet the Northwest corner of tne William Mann Survey and the Southwest corner of the J. Condra Survey in TARRANT County, Texas; THENCE South 00 degrees, 12 minutes East 32.30 feet to an iron pin; THENCE South 00 degrees, 12 minutes East 385.15 feet to an iron pin; THENCE North 89 degrees, 45 minutes West 208.71 feet to an iron pin; THENCE North 00 degrees, 12 minutes West 385.12 feet to an iron pin; THENCE North 00 degrees, 12 minutes West 32.3 feet to an iron pin; THENCE South 89 degrees, 45 minutes East 208.71 feet along the center of County Road #3051 to the POINT OF BEGINNING, and CONTAINING 2.000 acres of land. FURTHER SAVE AND EXCEPT therefrom all land conveyed. to the City of North Richland Hills, Texas. RIGHT-OF-WAY DEED STATE OF TEXAS § COUNTY OF TARRANT § For and in consideration of TEN DOLLARS and other good and valuable consideration. the undersigned Billy J. Graham and wife, Ernestine Graham, hereby GIVE, GRANT, BARGAIN, SELL and CONVEY unto the City of North Richland Hills, Texas, 7301 N.E. Loop 820, North Richland Hills, Texas 76182, the following described tracts of land, as right-of-way for the widening of Hightower Drive: The Tracts described in Exhibits "A" ,"B", "C", "D" and "E" attached hereto and made a part hereof. This conveyance is made subject to easements, rights of way and prescriptive rights, and all presently recorded restrictions, reservations, covenants, conditions and instruments (other than liens and conveyances) affecting the premises, and ad valorem taxes assessed against the premises for the current year and subsequent and prior years due to change in the use or ownership of the premises (collectively, the Permitted Encumbrances). TO HAVE TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the City of North Richland Hills, Texas, its successors and assigns forever, subject to the Permitted Encumbrances. WITNESS our hands at North Richland Hills, Texas this day of January , 1998. Billy J. Graham Ernestine Graham STATE OF TEXAS COUNTY OF TARRANT Acknowledgment This instrument was acknowledged before me on the by Billy J. Graham and Ernestine Graham. day of January , 1998, Notary Public, State of Texas EXHIBIT "0" Mailing Address of Grantee: City Secretary City of North Richland Hills P. O. Box 820609,7301 NE Loop 820 North Richland Hills, Texas 76182-0609 EXHIBIT "Oil œ ~. 3-311. PAl'ŒL MO. 1 CITY Of 1Øn4 IIII04LNtO HllU HI~TOIER DA. ITRfET AltO DRAINAGE I~TS EXHIBIT ·A· PERWAHENT STREET RIGHT-of-WAY .. IWItc SURVEY A - 1010 SITUATED in the City of North Rlchland Hills, Tarrant County, Tlxas and bel"i a strip of land on and across a portion of a tract of land out of the .. W&nn Survey Abstract NO. 1010 as conveyed to Billy J. Gr&h&a and wifl Ernestine (Gral'lu tract) by deed as recorded in VOIUM 420.4, Plge lIS of the Deed Record. of Tarrant County, Texas (D.R.T.C.T.) said strIp beIng her.in described as Peraanlnt Street Right-of-Way of varlabl. width as .hown on the attached ExhIb- it ·C· and be I ng .ore part Icul ar1 y descr i bed by MUS and bounds as foIl on: BEGINNING at a point at the southeast corner of a tract of land convlye< to the city of North Richland Hill. as peraanlnt street right-of-way (City tract) by deed as recorded in VOIUM 12168, Pail 1167; THEMCf. North 00 degrees 1& .inutes 22 seconds Eut, along the east Hne of .aid City tract, 34.18 feet to a point in the center of Hightower drive in the north property line of laid Grahaa tract; THENCf. South 89 degree. 33 .inutes 41 seconds Eut, along the northerly Property line of said Grahaa tract and the centlr Hightower Drive. 368.89 feet to . point at the northeut corner of said GrahM tract and the northwest corner of a tract of land conveyed to Billy J Grahaa and wife Ernestine Grahaa (second Grahaa tract) by deed as recorded in Voluae 420.4, Page 114 of the O.R.T.C.T.; THENCE, South 00 d~rees 13 .inutu 29 seconds west. along the eut I ine of said Gral'lu tract and the west line of said second Grahla tract, 33.12 feet; THENCf. North 89 de<3rees 43 .inutes 38 seconds lest, 368.92 feet to the roINT Of BEGINJlCIHG. The Peraanent Street Right-of-way herein described cont&I~ 0.285 acres (12,413 square feet) of land, less 0.2735 acre. (11,915 square feet) which falls in the existing Right-of-way line of Hightower drive leaving. net of 0.0114 &eru (498 square feet) eor. or Ius. TO ALL PARTIES INTERESTED IN TITLE TO THE PRfWISES SURVEYED, I DO HEREBY CfRTI- FY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AleD F10I Ale ACTUAL AleD ACCURATE SURVEY UPON" THE GAOOHD ~D THAT SAME IS TRUE ~O C0R- RECT. Coapany Naae: Eddi. l. Dunn R.P.L.S. 8y: V~ -t J:J~~- Ed<! I. l. Dunn Reglstere< Professional Land Surveyor. Texas No. 4580 · I, , EXHIBIT~ KEf NO. 3-389, PARCEL NO. 2 cn)' Of NORTH RIOIlAHD HILLS HIGHTOWER OR. STREET AND ORA IMAGE IWPROVEWÐlTS PERMANENT STREET RIGHT-Of-WAY W. WANN SURVEY A - 1010 SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land on and across a portion of a tract of land out of the W. Mann Survey Abstract No. 1010 as conveyed to Billy J. Grahaa and wife Ernestine (Grana. tract) by deed as recorded in Volu~ 4204. Page 114 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) said strip being herein described as Per.anent Street Right-of-Way of variable width as shown on the attached Exhib- it "C" and being IIOre particularly described by ~tes and bounds as follows: BEGINNING at a point in the center of Hightower Drive at the northwest corner of said Grahaa tract; THENCE, South 89 degrees 33 .inutes 47 seconds East. along the northerly Property line of said Grahaa tract and the center Hightower Drive, 208.00 feet to a point at the northeast corner of said Grahaa tract; THENCE, South 00 degrees 13 .inutes 29 seconds lest. along the east line of said Grahaa tract. 32.49 feet; THENCE, North 89 degrees 46 .inutes 26 seconds West, 43.79 feet; THENCE, North 89 degrees 43 .inutes 38 seconds West, 1&4.21 feet to a point in the west property line of said Grahaa tract; THÐlCE, North 00 degrees 13 .inutes 29 seconds East, along the west property line of said Grahaa tract, 33.12 feet to the POINT OF BEGINNING. The Peraanent Street Right-of-Way herein described contains 0.1567 acres (6,826 square feet) of land, less 0.1542 acres (6,718 square feet) which falls in the existing Right-of-Way line of Hightower drive leaving a net of 0.0025 acres (108 square feet) IIOre or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREWISES SURVEYED, I DO HEREBY CERTI- FY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FRCM PUBLIC RECûRDS AND FRCM AN ACTUAL AND ACCURATE SURVEY UPON THE GROOND AND THAT SANE IS TRUE AND COR- RECT. Coapany Haas: Eddie L. Dunn R.P.L.S. By: t:I~ f /)-~-- Edd i e L. Dunn Register~ Professional Land Surveyor, Texas No. 4580 Date of Survey July 1996 1(£1 1eO. J-Jlt. 'AlM:EL 1eO. J CITY ~ IIOATH IIICHLNfD HilLS HIGt4TOWD 0lIl. ITItEET AND ORA I NAGf IMPAOV£WÐITI l.( 'I EXHIIIT t PERIiWIÐCT STREET RIQiT-of-wAY .. MAHN SURVEY A - 1010 SITUATED In the City of North Rlchland H1III, Tarrant COunty. Tlx&I and bll~ a Itrlp of land on and acro.. a portion of a tract of land out of the .. l&ann ~rv.y A!ntract No. 1010 u conveyed to a1lly J. GrahU and w1f1 Erneatlne (GrahU tract) by dHd u recorded In Volu.. 42004. P~ 116 of the Deed Recorda of Tarrant County. Texu (D.R.T.C.T.) laid atrlp blIDg herlln de.crlbed u Peraa- nent Street RIiht-of-way of varlabll width &I .hoWn on the attached Exhibit ·C· and be1~ eore I)&rtlcular1y deacrlbed by ..tIS and bo4,¡nda u follows: BEGINNING at a northweltlr1y corner of .a1d Grahaa tract and the northeaSt corner of a tract of convlyed to IIlly J. Grahaa and w1fl Er~tlne (GrahU .econd tract) by deed u recorded In Volu.e 4204. Pail 114 of the (D.II.T.C.T.) aald point of ~1MIng being in the c.nter of HIiMower Drive; THENCf. SOUth 89 degree. 33 .Inute. H ae<:onda Eut, a1009 the northerly Pr09lrty line of aald BrahM tract and the c.ntlt H1ihtower Drive, 172.58 feet to a point at a nor the&lt er I Y corner of .aid GrahU tract and the nortl'llut corner of a tract of land convlyed to AnUa Hal1 and Michael Franklin Hall (Hal1 tract) by deed u recorded In V01UM 5359, pa¡e 550 of the D.II.T.C.T.; THÐCŒ. South 00 ~r'" 13 .Inut.. 29 IlOOnda west. a10ng the eut line of aaid GrahM tract and the wut line of .ald Hall tract, 31.8& feet; THEHCf. North 89 ~rH$ 04& .Inutel 26 lecondI !feat, 172.35 feet to a point in the ...t It". of aald BrahM tract and the eut 11ne of aald GrahM aecond tract; THÐfŒ. North 00 ~r'" 38 .1nutu 21 leconda Eut, with the weat 11ne of aa1d GrahM tract and the e&.It line of aald Grahu .econd tract, 32.49 feet to the POIIfT Of BEGINNING. The Peraanent Street R1iht-of-way herein described containa 0.1274 acr.. (5,549 square feet) of land. 1ess 0.1273 acre. (5,544 IQuar. feet) which fal1. in the exi.ting Right-of-way line of HIihtower drive leavin¡ a net of 0.0001 acr.. (5 square feet) eor. or 1.... TO All PARTIES INTERESTED 1M TITLE TO THE PRÐIISES SURVEYED, I DO HEREBY CERTIFY THAT THE A8O'Æ lEGAL DESCRIPTIC»I WAS PREPARED FROM P\JBLIC RfCQAOS AHD FROM AM ACTUAL AHD ACCURATE SURVEY UPC»I THE GInJtID AHD THAT SAME IS TRUE AHD CORRECT. Coeø&nY Nue: Eddi. l. Dunn II.P.L.S. I., f'UA¿: .¿ ¡f}Þ---- . E I. L. Dunn R&¡Iatered Profes.1ona1 Land Surveyor, Texu No. 4580 Cate of SurvIY July 1i96 " .nil EXHIBIT ";Jr KEF NO. 3-3B9, PARCEL NO.7 CITY OF NORTH RrCHLAND HILLS HIGHTOWER DR. STREET AND DRAINAGE IMPROVEI,fENTS PERMANENT STREET RIGHT-OF-WAY W. MANN SURVEY A - 1010 SITUATED in the City of North Richland Hills, Tarrant County, Texas anej being a strip of land on and across a portion of a tract of land out of the W. Mann Survey Abstract No. 1010 as conveyed to Billy J. Graham (Graham tract) by deed as recorded in Volume 7527, Page 292 of the Deed Records of Tarrant County, Texas (D.R.T.C. T.) said strip being herein described as Permanent Street Right-of-Way of variable width as shown on the attached Exhibit ··E" and being more particular- ly described by metes and bounds as follows: BEGINNING at a northeasterly corner of said Graham tract and the northwest corner of a tract of land conveyed to Timothy G. Reagan and wife Donna K. Reagan (Reagan tract) by deed as recorded in Volume '1935, Page 882 of the (D.R.T.C.T ) said point of beginning being in the south right-of-way line of Hightower Drive; THENCE, South 01 degrees 38 minutes 01 seconds West, along the west line of said Reagan tract, 7.44 feet; THENCE. North 89 degrees 46 minutes 26 seconds West, 21.02 feet to a point in a westerly line of said Graham. tract and the east line of a tract of land conveyed to David S. Pendery Sr. and spouse Marla Elizabeth Pendery and James Patrick Jones and Spouse Bettye P. Jones (Pendery tract) by deed as recorded in Volume 10882, Page 1631 D.R.T.C.T.; THENCE, North 01 degrees 36 minutes 01 seconds East, with a westerly line of said Graham tract and the east line of said Pendery tract, 8.03 feet to a northwesterly corner of said Graham in the south right-of-way line of Hightower Drive; THENCE, South 88 degrees 09 minutes 36 seconds East, with the north line of said Graham tract and the south right-of-way line of Hightower Drive, 21.02 feet to the POINT OF BEGINNING. The Permanent Street Right-of-Way herein described contains 0.0037 acres (163 square feet) of land, more or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Company Name: Eddie L. Dunn R.P.L.S. By: ~~.g~- -:-- -------- Eddie L. Dunn Registered Professional Land Surveyor, Texas No. 4580 Date of Survey July 1995 ". E EXH IS IT . KEF NO. 3-3". PARCH NO. 7 CITY Of NORTH AIOilAHD HIllS HICiiTOWEA OR. STREET AND OAAIHAGE IWPROvatENTS " PERMANENT STREET RICiiT-OF-WAY W. WAHN SURVEY A - 1010 SITUATED In the City of North Rlchland Hills, Tarrant County, Texas and being a strip of land on and across a portion of a tract of land out of the W. Wann Survey Abstract No. 1010 as conveyed to Billy J. Grana. (Grana. tract) by deed as recorded in Volu.e 7627, Page 292 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) said strip being herein described as Peraanent Street Rlght- of-Way of variable width as shown on the attached Exhibit "E" and being .ore particularly described by .etes and bounds as follows: BEGINNING at a northwesterly corner of said Gr&h48 tract and the northeast corner of a tract of conveyed to Ti.othy G. Reagan and wife Donna K. Reagan (Reagan tract) by deed as recorded in Volu.e 11936, Page 882 of the (D.R.T.C.T.) said point of beginning being in the south right-of-way line of Hightower Drive; THENCE, South 89 degrees 40 .inutes 10 seconds East, with the north line of said Grana. tract and the south right-of-way line of Hightower Drive, 50.42 feet; THENCE, South 02 degrees 48 .inutes 10 seconds West, with an easterly line of said Grana. tract, at 5.05 feet passing the northwest corner of a tract of land conveyed to T.B.C. Construction Ine continuing in all 1.21 feet; THENCE, North 89 degrees 46 .inutes 26 seconds West, 50.39 feet to a point in a westerly line of said Gr~ tract and the east line of said Reagan tract; THENCE, North 02 degrees 31 .inutes 04 seconds East, with a westerly line of said Grana. tract and the east line of said Rea9an tract, 1.31 feet to the POINT OF BEGINNING. The Peraanent Street Right-of-Way herein described contains 0.0085 acres (369 square feet) of land, .ore or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTI- FY THAT THE ABOVE LEGAL DESCRIPTI~ WAS PREPARED FROA PUBLIC RECORDS AHD FIOI AN ACTUAL AND ACCURATE SURVEY UPaI THE GROOND AHD THAT SAWE IS TRUE AHD COR- RECT. Coapany Naae: Eddie L. Dunn R.P.L.S. By: ~ ~&. Eddie L. Dunn Registered Professional Land Surveyor, Texas No. 4580 Date of Survey July 1996 DRAINAGE AND UTILITY RIGHT-OF-WAY DEED STATE OF TEXAS § COUNTY OF TARRANT § For and in consideration of TEN DOLLARS and other good and valuable consideration, the undersigned Billy J. Graham and wife, Ernestine Graham, hereby GIVE, GRANT, BARGAIN, SELL and CONVEY unto the City of North Richland Hills, Texas, 7301 N.E. Loop 820, North Richland Hills, Texas 76182, as permanent right-of-way for drainage and utility purposes, the tracts of land described in Exhibits "A" and "B" attached hereto and made a part hereof, subject to all easements, restrictions, reservations, conditions, covenants, and other instruments (other than conveyances and liens) presently affecting the premises, and ad valorem taxes assessed against the premises for the current year and subsequent and prior years due to change in use or ownership (The Permitted Encumbrances"). TO HAVE TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the City of North Richland Hills, Texas, its successors and assigns forever, subject to the Permitted Encumbrances. WITNESS our hands at North Richland Hills, Texas this day of January , 1998. Billy J. Graham Ernestine Graham STATE OF TEXAS ). Acknowledgment COUNTY OF TARRANT ) This instrument was acknowledged before me on the by Billy J. Graham and Ernestine Graham. day of January, 1 998 , Notary Public, State of Texas Mailing Address of Grantee: City Secretary City of North Richland Hills P. O. Box 820609,7301 NE Loop 820 North Richland Hills, Texas 76182-0609 EXHIBIT IIEII KEF NO. 3-380-&, PARCH 110. 2 NORTH RIQiLAHD HILL! CALLOWAY BAANQt SfCTIQII . DRAINAGe IWPROVÐlEHTS tA" EXHIBIT ~. PERMANEHT DRAINAGE & UTILITY RIGHT-of-WAY WILLIAM MANN SURVEY, ABSTRACT NO. 1010 T ARRAHT COUHTY, TEXAS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land out of the .1lli&8 ~n Survey, Abstract No. 1010, said strip alao being out of a 46.878 acre tract of land conveyed to Billy Gr~ (Billy Grana. tract) by deed &8 recorded in Volu.e 7627, Page 292 of the Deed Recorda of Tarrant County, Tex&8 (D.R.T.C.T.), .a1d strip being herein described as a variable width Peraanent Drainage and Utility Right-of Way as shown on the attached Exhibit ·C· and being .ore particularly described by .etes and bounds &8 follows: BEGINNING at a southeast property corner of said Billy Grana. tract and the northeast property corner of a tract of land conveyed to T. Jeff Grana. and wife Vickie D. Grahaa (Jeff Grana. tract) by deed as recorded in Voluae 7825, Page 579 of the (D.R.T.C.T.), said point of beginning being in the weat property line of a tract of land conveyed to Jerry R. Winters and wife Shirley G. Winters (Winters tract) by deed as recorded in voluee 6550, Page 882 of the D.R.T.C.T.; THEHCE, South 89 degrees 20 .inutes 37 seconds west, with a southerly property line of said 8illy Graha8 tract and the north property line of said Jeff Grahu tract, 105.93 feet; THENCE, North 26 degrees 27 .1nutes 58 seconds East, 238.69 feet to a point in the east property line of said 8111y Grana. tract and the west proper- ty line of said Winters tract; THEHCE, South 00 degrees 07 .1nutes 18 seconds west, with the east property line of said Billy Graha8 tract and the west property line of said '1nters tract, 212.46 feet to the POINT OF BEGIMHING. The Peraanent Drainage and Utility Right-of-way herein described contains 0.2583 acrea (11,252 square feet) of land, .ore or leas. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 00 HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTIQII WAS PREPARED FROW PUBLIC RECORDS AND FROW AN ACTUAL AND ACCURATE SURVEY UPON THE GROOtCD AHD THAT SAWE IS TRUE AHD CORRECT. Coapany Ma8e: Eddie L. Dunn R.P.L.S. Inc. By: ~xA9~ . Eddie L. Dunn . Registered Professional Land Surveyor, Tex&8 No. 4580 KEF NO. 3-3&o-e, PARCH NO. 2 NORTH RICHlAHD HILLS CALLOWAY 8~CH SECTI )O 8 DRAINAGE IYPßOYe.ENTS I( B (r EXHIBIT ~ PERMAHENT DRAINAGE & UTILITY RIGHT~-WAY WILLIAM WANH SURVEY, ABSTRACT NO. 1010 TARRAHT COONTY, TEXAS SITUATED in the City of Horth R1chland Hills, Tarrant County, Texas and being a strip of land out of the Willi.. Mann Survey, Abstract No. 1010, said strip also being out of a 46.878 acre tract of land conveyed to Billy Graha8 (Billy Graha8 tract) by deed as recorded in Volu.e 7627, Page 292 of the Deed Recorda of Tarrant County, Texas (D.R.T.C.T.), said strip being herein described as a variable width Peraanent Drainage and Utility R1ght-of Way as shown on the attached Exhibit ·C· and being .ore particularly described by .etes and bounds as follows: BEGINNING at a southeast property corner of said B111 y GrahU tract and the northeast property corner of a tract of land conveyed to Jerry R. W1nters and w1f. Sh1rl.y G. Winters (Winters tract) by deed as recorded in V01U8e 8550, Page 882 of the D.R.T.C.T., said point of beginning being in the west tine of 810ck 1 of IIIorgan MeadOwS an addition to the City of North Richtand u record- ed in VolU18 388-13, Page 50 of the Plat Records of Tarrant County, Texu (P.R.T.C.T.); THENCE, South 89 degrees 22 .inutes West, with a southerty property tine of said Billy Grahall tract and the north property tine of aaid Winters tract, 95.0 feet; . THENCE, North 00 degrees 04 .inut" 17 seconds West, 423.72 feet; THENCE, North 00 degrees 01 .inutes 02 seconds west, 1,145.5 feet to a point in a northerty property tine of said Billy Grahaa tract and the south property line of Lot 1 Block 1 of co.bs Addition an addition to the City of North Richland Hilts as recorded in Cabinet A, Slide 2975 of the P.R.T.C.T., THENCE, North 89 degrees 32 .inutes 49 seconds East, with a northerly property line of said Bilty Grahaa tract and the south property line of Lot 1 Btock 1 of Coabs Addition, 95.0 feet to a point in the east property tine of said Bitty Grahaa tract at the southeast property corner of aaid eo.Þs addition said point being in the west tine of the aforesaid Block 1 of IIIor9an IiIeadows addition; THENCE, with the east property tine of said Billy Grahaa tract and the west line of said Block 1 of IIIorgan Weadows the following calls. South 00 degrees 01 .inutes 59 Seconds West, 45.79 feet; South 00 degrees 03 .inutes 46 seconds East, 200.71 feet; South 00 degrees 00 .inut" 58 seconds East, 1,001. 26 feet and South 00 degrees 04 .inutes 17 seconds East, 321.15 feet to the POINT Of BEGINNING. The Peraanent Drainage and Utility Right-of-Way herein described contains 3.4245 acres (149,170 square feet) of land, .ore or teas. TO ALL PARTIES INTERESTED IN TITLE TO THE PREWISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROW PUBLIC RECORDS ~D FROW AN ACTUAL AND ACCURATE SURVEY UPON THE GROOND AND THAT SAME IS TRUE AND CORRECT. Coapany Haas: Eddie L. Dunn R.P.L.S. Inc. By: ~ 'K_ ,{'7~ Eddie L. Dunn Registered Professional Land Surveyor, TexAS No. 4580 - TEMPORARY CONSTRUCTION SLOPE EASEMENT STATE OF TEXAS § COUNTY OF TARRANT § For and in consideration of TEN DOLLARS and other good and valuable consideration, the undersigned Billy J. Graham and wife, Ernestine Graham, hereby GIVE, GRANT, BARGAIN, SELL and CONVEY unto the City of North Richland Hills, Texas, 7301 N.E. Loop 820, North Richland Hills, Texas 76182, a temporary construction slope easements over, under and through the real property described in Exhibits "A" , "B" , "C", "D" , "E" and "F" attached hereto and made a part hereof subject to all easements, restrictions, reservations, conditions, covenants, liens, and other instruments of record affecting the property. These temporary easements are conveyed for the use by the City in connection with the Hightower Drive Widening Project (KEF No. 3-389) for a period of eighteen months beginning on the date construction on said project begins. In the event that the project is certified complete by the City Engineer in less than the said 18 months, the rights granted under those easements will cease on the date of completion but in all events the rights granted under these easements and this easement agreement shall terminate and be of no further force and effect on the last day of such 18 month period, at which time the City of North Richland hills agrees to execute, acknowledge, and file for record an appropriate release and termination of the easement herein granted. WITNESS our hands at North Richland Hills, Texas this January , 1998. day of CITY OF NORTH RICHLAND HILLS, TEXAS BY: Tommy Srovm ,è·layor Billy J. Graham Ernestine Graham STATE OF TEXAS COUNTY OF TARRANT Acknowledgment This instrument was acknowledged before me on the by Billy J. Graham and Ernestine Graham. day of January, 1998, Notary Public, State of Texas EXHIBIT "F" STATE OF TEXAS COUNTY OF TARRANT Corporate Acknowledgment This instrument was acknowledged before me on the day of ,JémlJ"~ ' 1998, by Tommy Brown, Mayor of the city of North Richlan Hills, Texas, a municipal corporation, on behalf of said corporation. Notary Public, State of Texas Mailing Address of Grantee: City Secretary City of North Richland Hills P. O. Box 820609, 7301 NE Loop 820 North Richland Hills, Texas 76182-0609 EXHIBIT lip II KEF MO. 3-381, PAACEL MO. 1 CITY OF NORTH RIOflMD HILLS HIGHTOWER DR. STRfET A.MD DRAINAGE IWPROVEWEHTS (.t. EXHIBIT A ;A/¥ Þ "0;(1 JT It "c, 71 (),.(I TEWPOAARY SL~EASfWÐCT I. !WeN SURVEY A - 1010 SITUATED in the City of North Rlchland Hills. Tarrant County. Texas and being a strip of land on and across a portion of a tract of land in the W. Wann Survey Abstract No. 1010 as conveyed to Billy J. Grahaa and wife Ernestine Granaa (Grahu tract) by deed as recQrded in VolUM .20.4, Page 116 of the Deed RecQrds of Tarrant County, Texas (D.R.T.C.T.) said strip being herein described as a 7.5 foot wide Teeporary Slope Easetlent as shawn on the attached Exhibit ·C· and being ItOre particularly described by lletu and bounds as follows: BEGINNING at a point in the west property line of said Granaa tract and the .ast property line of a tract of land conveyed to Michael J. Aranson Trustee (Aranaon tract) by deed as recorded in Vol~ 9235, Paee 1776 of the O.R.T.C.T. said point of beginning being the southweat corner of a tract of land conveyed to the city of North Richland Hill. as peraanent street right-of-way (City tract) by deed as recorded tn Vol~ 12168, pa¡e 1187; THENCE, South 89 degrees .3 .inute. 38 second. East, along the south line of said City tract at 143.0 feet pauing the southeast corner of lAid City tract conttnuing tn all 511.92 feet to a point in the east property line of said Grahu tract and the west property line of a tract of land conveyed to Billy J Grana. and wife Ernestine Granaa (second Grahu tract) by deed as recQrded in YolulIe .20.4, Page 11. of the D.R.T.C.T.; THENCE, SOUth 00 degrees 13 .inutes 29 seconds lest, along the east line of said Grana. tract and the west line of said second Granaa tract, 7.5 feet; THEHCE, North 89 degrees 43 .inutes 38 seconds west, 511.91 feet to a point in the west property line of said Granaa tract and the easterly property 11ne of said Manson tract; THEHCE, North 00 degr~ 05 .inutes 29 seconds East, with the west property l1ne of said Grahaa tract and the easterly property line of said Aranson tract, 7.5 feet to the POINT OF BfGINHING. The Teeporary Slope Ease.ent herein described contains 0.0881 acres (3,839 square feet) of land ItOre or les.. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY 11iAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FIOI AN ACTUAL AND ACCURATE SURVEY UPON THE GROOHD AHD THAT SAME IS TRUE AND CORRECT. Coapany N&88: Eddie l. Dunn R.P.L.S. By: &/~.d, ~ ~ Eddie l. Dunn Registered Professional land SUrveyor, Texas No. .580 Date of Survey July 1996 KEF MO. 2-*, PAACfL 110. Z CITY Of MOR11i IUOH.AHO HILLS HI(JiTOW£R 01'. STRfEl MO DRAINAGE IIWAOVÐIÐCTS EXHIIHT ~ 8 )1 TEWPOAARY SLOPE EASEWEHT .. IUJO( SURVEY A - 1010 SITUATED In the City of North Richland Hills. Tarrant County, TexAS and being a strip Of land on and across a portion of a tract of land in the .. wann Survey Abstract No. 1010 13 conveyed to Billy J. Grahaa and wife Ernestine Grahaa (Grahø tract) by deed 13 recorded In Voluee 4204, Page 114 of the Deed Records of Tarrant County, Texas (O.R. T.C.T.) said strip being herein described .. a 7.5 foot wide T~porary Slope El3eeent as shown on the attached Exhibit ·C· and being .ore ~rtlcularly described by ..tes and bounds as follows: BEGINNING at a point in the west property line of said Grahø said point being South 00 degrees 13 .lnut.. 29 seconds West, 33.12 feet fr~ the northwest corner of s.ld GraNII tract; THEHCf. South 89 degr..s 43 .lnutes 38 seconds East, 164.21 feet; THEHCf , South 89 degrees 48 .lnutes 26 seconds East. 43.79 feet to a point in the ...t property line of s.ld GraNII tract; THEHCE, South 00 degree. 13 .inutes 29 seconds les t . .Iong the eASt line of said Grana. tract, 7.5 feet; THEHCE, North 89 degrees 46 .inutes 26 seconds leS t , 43.79 feet; THEHCE, North 89 degrees 43 .Inutes 38 seconds lest. 164.21 feet to a point in the west property line of said Grah&a tract; THEHCE, North 00 degrees 13 .lnut.S 29 seconds East. with the west property line of said Grana. tract, 7.5 feet to the POINT Of BEGINNING. The Teaporary Slope EIS~nt herein described contains 0.0358 acres (1,5&0 square feet) of land .ore or leas. TO ALL PARTIES INTERESTED IN TITLE TO THE PREWISfS SURVEYED, I 00 HEREBY CfRTI- n THAT THE ABOVE LEGAL DESCRIPTION WAS PREPAREO F~ PUBLIC RECORDS MD FIØi AH ACTUAL AND ACQJRATE SURVEY UPON 11iE GKUiD AND THAT SAME IS TRUE AND C0R- RECT. eo.pany N...: Eddie L. Dunn R.P.L.S. /;/# 'I jJÞ- Eddie L. Dunn Registered Professional Land Surveyor, TexAS No. 4580 OaJe of Survey July 1996 By: (EF MO. 3-'", PA..œL MO. 3 CIn 01 Ø114 IUOUMD HILLS HICJiTOI£R DA. STRUT NeD DRAINAGE I~S œUIT «C 7) TEWPOAARY SLOPE ~T W. \WIN SURVEY A - 1010 SITUATED in the City of North Richland Hill.. Tarrant County, TexLI and being a .trip of land on and acro.. a portion of a tract of land in the W. Wann Survey Ab.tract No. 1010 as conveyed to 8111y J. Grana. and wife Erneatine Grana. (GraNa tract) by deed as r~rded in VOIUM 420., Page 118 of the 0Hd Record. of Tarrant County. TexLI (D.R.T.C.T.) .aid .trip being her.in ðe.cribed LI a 7.5 foot .id41 Tetlporary Slope Easeeent u .hown on the attached Exhibit ·C· and bein9 eore p&rticularly described by ..te. and bounds LI fol'OWS: BEGINNING at a point in the we.t property line of .aid Grana. and the eLlt line of a tract of 'and conveyed to 8illy J. Grana. and wife Ernestine Grahaa {Grahu second tract} by deed as recorded in V01UM 4204. Pa~ 114 of the D.A. T .C. T., ..id point being South 00 de9reu 38 .inut.. 21 seconds WNt, 32.4i feet f rOIl the northeLlt corner of ..id 6rahM second t r8C:t; THENCE. South asa de;Jr... 48 .inut.. 28 aecündI East, 172.35 feet to a point in the ....t tine of said GrahM tract and the welt l1ne of a tr8C:t of 1and conveyed to Anita Ha" and Wichael Franklin Hall (Ha1' tract) by deed as recorded in Vo'uae 5359, Page 550 of the D.R.T.C.T.; THENCE. SoYth 00 de9rH$ 13 .inut.s 29 lecondS "st, a1oni the ....t line of laid Grahaa tract and the west 1ine of laid Hal' tr8C:t. 7.5 feet; THENCE. North a9 degrees 46 .1nute. 26 leconds "It. 172.3 feet to a point in the welt 'ine of said Grahaa tract and the east 'ine of .aid GraNa lecond tract; THENCE. North 00 degrees 36 .inut.. 21 Secondl East, with the west 1ine of said GraNa tract and the ....t 'ine of said GraNa second tract. 1.5 feet to the POIICT Of BEGINNING. The TeAPOrary Slope Easeaent herein described contains 0.0291 acres (1,295 IQuare feet) of ,and .ore or ,..s. TO ALL PARTIES INTERESTED IN TITLE TO THE PRfWISfS SURVEYED. I 00 HafBY CERTI- FY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FRON PUBLIC RfCOfWS AMD FÆ)W AM ACTUAL AHD ACCURATE SURVEY UPC»4 THE GROOHD AHD THAT SAJÆ IS TillE AHD COR- RECT. Coapany N&ae: Eddie L. Dunn R.P.L.S. By: f'~~ ~ J.)-~ Eeldi. L. Dunn Registered Professional Land Surveyor, T.:ïas No. 4580 Dat. of SUrvey July 1996 KEF NO. 3-311, 'AlaL MO. , CITY Of NQRn4 IU04LNfD HILLS HI rI1TOW£R DR. ITIlfET AltD DAAIIWì£ IIWRQVŒJCTS EXHIBIT (10 I) TEWPORARY SLOPE EASÐlEMT .. IWCH SORV£Y A - 1010 SITUATED In the City of North RIchland Hills. Tarrant County, Texas and beln~ a strip of land on and acrOI. a portion of a tract of land In the .. wann Survey Ab.tract No. 1010 as conveyed to eilly J. Grahaa and Ernestine Graha8 (Graha8 tract) by deed &I recorðed In Volu.e 7392, Page 101 of the Deed Record. of Tarrant County. Tex&I (D.R.T.C.T.) .ald .trip bel~ herein de.cribed as a 7.5 foot wide TMlporary Slope Eueeent &I .hown on the attached Exhibit "e" and being IKIre particularly described by ..tes and bounds u follows: BEGINNING at a point In the .ast line of .aid Grahaa tract and the wast line of a tract of 1and conveyed to David S. Pendery Sr. and spou" Warla Elizabeth Pendery and J.... Patrick Jones and Spouse Betty. P. Jon.- (Pendery tract) by deed" recorded in VOIUM 10882, Page 1831 of the D.R.T.C.T.. said point being South 00 degr... 07 .inut.. 19 second. I.st. 30.41 feet fr08 the northeast corner of said GrahM tract; TliEMœ. South 00 de9r... 07 .Inutes 19 .eccnds West, with the east line of .ald GraNa tract and the wut 1\ne of said Pen<lery tract, 7.5 feet; TliEMœ. North 89 de9rees 48 .inutes 26 .econds west, 183.4 feet to a point in the wut 1 ine of said GrahM tract and the aut line of a tract of 1and conveyed to Anita HaI1 'and ..ichael Franklin Hall (Hal 1 tract) by deed .. recorded in Voluee 5359, Page 5SO of the D.R.T.C.T. said Grana. tract; TliEMCf, North 00 degrees 36 .inutes 21 seconds Eut, alOt\i the east line of said Hall tract and the we5t line of said Grahaa tract, 7.5 feet; TliEHCf:, South 89 de9rees 48 .inutes 26 seconds Eut, 163.34 feet to the POINT OF eEGINNING. The T~rary Slope EaseMllt herein described contains 0.02B1 acres (1,225 square feet) of land ~re or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PRÐlISfS SURVEYED, I DO HEREBY CfRTI- FY THAT TIiE ABOVE LSOAL DESCRIPTl~ IAS PREPARED FJOI PUBLIC REcœos AIID FAa' AH ACTUAL AHD ACCURATE SURVEY UPON THE GROOND AIID THAT SAME IS TRUE AIID C0R- RECT. Coepany N...: Eddie L. b·P'L.S. By: ~ ~ 'Å-~-- Eddie L. Dunn Registered Professional ~ Surveyor, Texu No. 4SðO Date of Survey July 1996 KEF NO, 3-389, PAACfL NO. 7 CITY OF NORTH RICHlAHO HILLS ç HIGHTOWER DR. STREET AHD J.- DRAINAGE IWPROVEWEHTS ~') EXHIBIT tJð ull(7t.U(.ft ~ TEWPORARY SLOpdEASÐ4ÐH W. IoIAHN SURVEY A - 1010 SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land on and across a portion of a tract of land in the W. wann Survey Abstract No. 1010 as conveyed to Billy J. Grana. (Grana. tract) by deed as recorded in Volu.e 7627, Page 292 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) said strip being herein described as a 7.5 foot wide Teaporary Slope Easeeent as shown on the attached Exhibit "E" and being IIOre particularly described by .etes and bounds as follows: BEGINNING at a point in the east line of said Grana. and the west line of a tract of land conveyed to TillOthy G. Reagan and wife Donna K. Reagan (Reagan tract) by deed as recorded in Volu8e 11936, Page 882 of the O.R.T.C.T., said point being South 01 degrees 38 .inutes 01 seconds West, 7.« feet fr~ the northwest corner of said Reagan tract; THENCE, South 01 degrees 38 .inutes 01 seconds West, along the west line of said Reagan tract, 7.5 feet; THENCE, North 89 degrees 46 .inutes 26 seconds West, 21.02 feet to a point in a westerly line of said Grana. 'tract and the east line of a tract of land conveyed to David S. Pendery Sr. and spouse Warla Elizabeth Pendery and J~ Patrick Jones and Spouse Bettye P. Jones (Pendery tract) by deed as recorded in Volu~ 10882, Page 1631 D.R.T.C,T.; THENCE, North 01 degrees 36 .inutes 01 seconds East, with a westerly line of said Grahaa tract and the east line of said Pendery tract, 7.5 feet; THENCE, South 89 degrees 46 .inutes 26 seconds East, 21.02 feet to the POINT OF BEGINNING. The Teaporary Slope Eas~nt herein described contains 0.0036 acres (158 square feet) of land IIOre or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PRÐ4ISES SURVEYED, I DO HEREBY CERTI- FY THAT THE ABOVE LEGAL DESCRIPTI~ WAS PREPARED FROM PUBLIC RECORDS AHD FROM AH ACTUAL AHD ACCURATE SURVEY UPaI THE GROUND AHD THAT SAME IS TRUE AHD COR- RECT. Coapany N..e: Eddie L. Dunn R.P.L.S. By: ~ t ~L~- ~ Eddie L. Dun'n Registered Professional Land Surveyor, Texas No. 45BO Date of Survey July 1996 r , " ... EXHIBIT ">r' TEMPORARY SLOPE EASEMENT W. MANN SURVEY A - 1010 KEF NO. 3-389, PARCEL NO. 7 CITY OF NORTH RICHLAND HILLS HIGHTOWER OR. STREET AND DRAINAGE IMPROVEMENTS SITUATED in the City of North Richland Hills, Tarrant County, Texas and being a strip of land on and across a portion of a tract of land in the W. Mann Survey Abstract No. 1010 as conveyed to Billy J. Graham (Graham tract) by deed as recorded in Volume 7627, Page 292 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) said strip being herein described as a 7.5 foot wide Temporary Slope Easement as shown on the attached Exhibit ·'E'" and being more particularly described by metes and bounds as fol lows: BEGINNING at a point in the east I ine of said Graham and the west line of a tract of land conveyed to Timothy G. Reagan and wife Donna K. Reagan (Reagan tract) by deed as recorded in Volume 11936, Page 882 of the D.R.T.C.T., said point being South 02 degrees 31 minutes 04 seconds West. 7.37 feet from the northeast corner of said Reagan tract; THENCE, North 89 degrees 46 minutes 26 seconds West, 50.39 feet to a point in a easterly I ine of said Graham tract and the west 1 ine of a tract of land conveyed to T.B.C. Construct.ion Inc (T.B.C. tract) by deed as recorded in Volume 11562, Page 1962 of the D.R.T.C.T.; THENCE, South 02 degrees 48 minutes 10 seconds West, with an easterly line of said Graham tract and the west line of said T.B.C. tract, 5.0 feet; THENCE. North 89 degrees 46 minutes 26 seconds West, 50.36 feet to a point in a westerly line of said Graham tract and the east 1 ine of said Reagan tract; THENCE. North 02 degrees 31 minutes 04 seconds East, 5.0 feet to the POINT OF BEGINNING. The Temporary Slope Easement herein described contains 0.0058 acres (252 square feet) of land more or less. TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTI- FY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND COR- RECT. Company Name: Eddie L. Dunn R.P.L.S. By: ~-X~--~ Edd 1 e L. Dunn Registered Professional Land Surveyor, Texas No. 4580 Date of Survey July 1996