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HomeMy WebLinkAboutRes 20-09 Approving Acceptance of ROW and pedestrian access at Schwab WayTOWN OF WESTLAKE RESOLUTION NO. 20-09 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS ACCPETING THE DEDICATION OF RIGHT-OF-WAY AND PEDESTRIAN ACCESS EASEMENTS FOR SCHWAB WAY WHEREAS, Ordinance 747, adopting the 2015 Forging Westlake Comprehensive Plan, was approved by the Town Council March 2, 2015; and WHEREAS, the 2015 Forging Westlake Comprehensive Plan includes the Thoroughfare Plan, which shows a future roadway where Schwab Way is currently located; and WHEREAS, the Town Council approved Ordinance 870 on October 29, 2018, which approved a PD concept plan providing for the alignment and construction of Schwab Way; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: The Town Council of the Town of Westlake, Texas hereby accepts the dedication of right-of-way for Schwab Way as described and depicted in the attached Exhibit "A". SECTION 2: The Town Council of the Town of Westlake, Texas hereby accepts the dedication of pedestrian access easements along Schwab Way as described and depicted in the attached Exhibit "B". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 24TH DAY OF FEBRUARY 2020. Resolution 20-09 Page 1 of 3 ATTEST: Todd Wood, Town Secretary APPROV AS TO FORM: L. nton o Town Attorney Laura Wheat, Mayor Amanda DeGan, Town Manager Resolution 20-09 Page 2 of 3 EXHIBITS EXHIBIT A Schwab Way Right -of -Way Dedication EXHIBIT B Pedestrian Access Easement Dedication Resolution 20-09 Page 3 of 3 DEDICATION DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § That HW 2421 Land, L.P., a Texas limited partnership "Grantor"), for and in consideration of the acceptance of the terms, conditions and reservations contained herein by The Town of Westlake, Texas, a municipal corporation of Tarrant and Denton Counties, Texas ("Grantee"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY, unto Grantee, as a dedication for the uses set forth herein, all of that certain tract of real property situated in Denton County, Texas described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). This conveyance of the Property is made and accepted subject to the following (the "Permitted Exceptions"): (i) the restrictions hereinafter set forth, (ii) the easements reserved as set forth in Exhibit "B" attached hereto and made a part hereof by reference, and (iii) all other matters of record affecting the Property that may exist as of the recordation of this instrument. The Property is conveyed to Grantee to be used only for the following purposes (the 'Permitted Purposes"): the construction, use, maintenance, repair and reconstruction of a public roadway and for any other legal purpose related thereto, including without limitation, drainage facilities, utilities, franchises, pipelines and conduits of whatever kind or description, both publicly owned and privately owned, where permitted by Grantee. All facilities constructed on the Property, other than the public roadway, must be buried beneath the surface of the Property (the "Underground Facilities"). Appurtenances to the Underground Facilities that cannot be installed underground but can only be installed on the surface of the Property may be installed on the surface of the Property. Temporary Facilities may be constructed on the surface of the Property or above the surface of the Property. For purposes of this agreement, "Temporary Facilities" shall mean only those surface -mounted or above -ground facilities required to service projects under construction. In no event shall Temporary Facilities be installed for more than two years. Temporary Facilities shall be removed at the expense of the party that installs the Temporary Facilities. Nothing herein shall be construed as requiring Grantee or a permittee of Grantee to bear the increased cost of the underground facilities required by this agreement (as compared to the cost of overhead facilities). There is excepted from this conveyance and reserved unto Grantor all of the water, oil, gas and other minerals in, on or under the Property; PROVIDED, HOWEVER, THAT GRANTOR SHALL NOT EXPLORE FOR, PRODUCE OR MINE SUCH MINERALS IN ANY MANNER THAT WOULD INTERFERE WITH GRANTEE'S USE OF THE PROPERTY. Grantor hereby retains and reserves a possibility of reverter in favor of Grantor pursuant to which the conveyance hereunder shall be automatically void and the estate granted shall be automatically terminated and forfeited, without the necessity of any notice (except as expressly provided in this Dedication Deed), election or re-entry whatsoever, with respect to any portion of the Property that, for a period of two years (after commencement of use of the roadway that has been constructed and opened on the Property) is not used as a public roadway, and Grantor gives Grantee written notice of such condition and such condition continues to exist 60 days following the giving of such notice, whereupon, effective as of the expiration of such 60-day period, all right, title and interest in and to such portion of the Property and all improvements then existing thereon shall automatically revert to Grantor. It is the express intention of Grantor and Grantee Page 1 Dedication Deed 700 1 -deddeed-WRA-Westlake that Grantor is conveying to Grantee an estate in fee simple determinable in and to the Property and that the provisions of this paragraph shall constitute conditional limitations upon the estate conveyed herein and not a covenant or a right of re-entry for breach of condition subsequent, such that fee simple title to the Property or the portion thereof that is not used as a public roadway for a period of two years (after commencement of use of the roadway that has been constructed and opened on the Property), together with improvements then existing thereon, shall automatically revert to Grantor, and no notice (except as expressly provided in this Dedication Deed), election or re-entry upon the Property shall be required to vest title to the Property (or portion thereof) and all improvements then existing thereon, in Grantor. Neither the occurrence of a condition due to an act or failure to act by a third party, nor impossibility or inability of Grantee to prevent the occurrence of a condition, shall excuse such occurrence or condition or prevent the automatic termination of the determinable fee estate conveyed hereby. Notwithstanding the above provisions, in the event that the fee simple title to the Property reverts to Grantor as provided above, Grantee shall retain a perpetual, underground easement that shall survive such reversion on the following terms: (a) Any underground utility or other facilities installed in compliance with the Permitted Purposes and existing as of the date of such reversion, owned by Grantee or any other entity, may remain in place, and the owners thereof shall have the right to use, operate, maintain and repair such utilities; (b) Grantee shall have the right to install, use, operate, maintain and repair under the Property underground water, sanitary sewer and storm drainage facilities, as well as an other underground utility facilities that Grantee may own and operate in the future, and any necessary appurtenances thereto; and (c) Grantee shall have the right to allow or permit any public utility to install, use, operate, maintain and repair under the Property any underground public utility facilities. Notwithstanding the above stated easement rights that will be retained by Grantee in the event of such reversion, Grantor, and its successors, assigns and permittees, shall have the right to use the surface of the Property and any area beneath the surface of the Property for any use that does not interfere with the easement rights of Grantee and others described above. Further, Grantor, at its expense, shall have the right to relocate any utilities and facilities that are the subject of such rights provided that the level of service provided by such utilities at the new location will not be impaired in any material respect, either in the process of such relocation or after the completion thereof. The right of reversion reserved herein shall terminate and shall be of no further force or effect 21 years less one day after the death of the last survivor of any of the descendants of Queen Elizabeth II of England living on the date of execution of this Dedication Deed. The possibility of reverter and all other rights, options and easements retained or reserved by Grantor in this Dedication Deed shall be the property of and shall inure to the benefit of Grantor, its successors and assigns, and are not appurtenant to any tract of property (other than the Property). All provisions of this Dedication Deed applicable to Grantor and Grantee shall be applicable to their respective successors and assigns. Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning (i) the nature and condition of the Property, including, but not limited to, the suitability thereof for any activity or use; (ii) the condition of any improvements located thereon; (iii) the compliance of the Property with any laws, rules, ordinances or regulations of any government or other body. The conveyance of the Property as provided for herein is made on an "AS IS" basis, and by its acceptance of this Deed and in consideration of the conveyances by Grantor herein, Grantee acknowledges that, except as otherwise specifically stated in this Dedication Deed, GRANTOR MAKES NO Page 2 Dedication Deed 7001-deddeed- WRA-Westlake REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIMED. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. EXECUTED this 2g'04 day of RtL, , 2020. ACCEPTED ON THE TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN: The Town of Westlake By: Town Manager ATTEST: A G✓- APP VED AS TO FORM: (L Town Attorney HW 2421 LAND, LP, a Texas limited partnership By: HW 2421 Land GP, LLC, a Texas limited liability company, its general partner By: Name: u Title: f�cEcsAnu Page 3 Dedication Deed 7001-deddeed-WRA-Westlake THE STATE OF TEXAS § COUNTY OF TARRANT § y This i struZof t was a nowledged before me on 0 2020, by of HW 2421 Land GP, L , a exas limited liability company, on beh sai limited liability company, in its capacity as general partner of HW 2421 Land, LP, a Texas limited partnership, on behalf of said limited partnership. MICHELLE SONDIE STOGSDILL Notary Public, State of Texas :}P= Comm. Expires 12.24-2023 Notary ID 11499309 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this_Lff_day of Ate/ 2020, by the Town Manager of the Town of Westlake, Texas, a municipal corporation, on behalf of the Town of Westlake, Texas. RICHARD TODD WOOD Notary Public, State of Texas sue'••..••+�� Comm. Expires 02-14-2024 Notary ID 132360452 GRANTEE'S ADDRESS: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 4 /1/1-� — A a Notary'Public, S ate of Texas AFTER RECORDING, RETURN TO: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 WITH COPY TO: Westlake Retail Associates, Ltd. 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attention: L. Russell Laughlin Page 4 Dedication Deed 7001-deddeed- W RA -Westlake EXHIBIT "A" DESCRIPTION OF 0.964 ACRES OF LAND RIGHT-OF-WAY DEDICATION SCHWAB WAY BEING a tract of land situated in the Jesse Sutton Survey, Abstract Number 1154, Town of Westlake, Denton County, Texas and being a portion of that tract of land described by deed to HW 2421 Land (Parcel 1) recorded in Instrument Number 2009-55583, Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "Peloton" set, at the northwest corner of said HW 2421 Land, L.P., tract, and being the northeast corner of that tract of land described by deed to Westlake Retail Associates, LTD., recorded in Instrument Number 98- R0118649, said Real Property Records, and being in the south right-of-way line of State Highway 114 (a variable width right-of-way); THENCE S 75023'35"E, 137.54 feet, with said south right-of-way line, and the north line of said HW 2421 tract, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set, from which a 5/8 inch iron rod found, in the south right-of-way line of said State Highway 114, bears S 75°50'49"E, 40.17 feet; THENCE S 17010'09"W, 51.58 feet, departing said common line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set; THENCE S 27034'41"W, 160.61 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set, at the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 263.84 feet, through a central angle of 29011'26", having a radius of 517.88 feet, the long chord which bears S 42°10'23"W, 261.00 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set, in the east line of that tract of land described by deed to CS Kinross Lake Parkway LLC, (tractl) recorded in Instrument Number 2016-64107, said Real Property Records, and being in the west line of the aforementioned HW 2421 tract; THENCE N 17025'21 "E, 8.75 feet, with said common line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found, at the northeast corner of said CS Kinross tract; THENCE N 17025' 17"E, 431.19 feet with said west line, to the Point of Beginning and containing 42,010 square feet or 0.964 acres of land more or less. "Integral parts of this document" 1. Description — 1 Page 2. Exhibit — l Page Peloton Job No. HWA16013 Tracking No. ACF# 7001 westlake July 18, 2019 G:\]OB\HWA16013—CTR WESTLAKE_INFRA\SUR\LEGAL\HWA16013_DE2.DOCX Pagel of2 BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NORTH CENTRAL ZONE 4202,NAD83 IRS -IRON ROD SET IRF -IRON ROD FOUND (7\�� 6eae�- Vq N I)l 1��ay1 0 200 400 -I r GRAPHIC SCALE IN FEET "INTEGRAL PARTS OF THIS DOCUMENT" j Point of Beginning 1. DESCRIPTION - 1 Page � 2. EXHIBIT - 1 Page l J% o 23' S 3S„ I /37.54' E i — • _ _ CS Kinross Lake IRS IRS S 518'IR75*50'49 E Z Parkway LLC °> IRF 4OJr (tract 2) IRS i Ins R.P.R.D.C.T. 10 S1751589"W N Westlake Retail I0.964 URVE� I Associates, LTD. Acres 270 34'41"W 1 NP�O o lnst.= 98-RO118649 I tv G a i R.P.R.D.C. T. j ^ IRS 160.61' a .� a TBPLS Firm No. 101777, IR N170 25'21"E _.18.75' CS Kinross Lake / Parkway LLC (troct I) / Inst.• 2016-64107 R.P.R.D.C. T. / o - 29' 11'26" HW 2421 Land L.P. R - 517.88' (Parcel 1) L # 263.84' Inst.* 2009-55583 LC- S42010'23"W 261.00' R.P.R.D.C.T. ��A�i NOMO�� 115� A�5 Exhibit "A" Right -of -Way Dedication SCHWAB WAY SITUATED IN THE JESSE SUTTON SURVEY, ABSTRACT NUMBER 1154, TOWN OF WESTLAKE, DENTON COUNTY, TEXAS. 0-- , Copyright 2019 Peloton Land Solutions, Inc. I ..—.... EXHIBIT "B" EASEMENTS RESERVED 1. Grantor hereby reserves a non-exclusive, assignable, free easement over and across the surface of any portion of the Property not covered by pavement for the installation and maintenance of landscaping and an underground landscape irrigation system. Grantor or Grantor's assignee, whichever entity installs any such landscaping or underground irrigation system, shall have the right and responsibility to keep such landscaping and irrigation system in good condition and repair. Grantee shall have no responsibility for any such maintenance. Grantee, at Grantor's expense, shall have the right to take such action as necessary to stop water from running on the Property from any leaks in the irrigation system that are not promptly repaired by Grantor or its assignee. 2. The easements reserved in this Exhibit "B" are easements in gross for the benefit of Grantor and its successors and assigns. 3. Grantor or its assignee shall make no use of the Property without Grantee's consent, which shall not be unreasonably withheld or delayed. Grantor or its assignee shall restore or repair any damage to the Property resulting from such use by Grantor or its assignee. 4. The person or entity (whether Grantor or an assignee of Grantor) exercising any right to install any landscaping or facilities pursuant to the easement reserved herein shall indemnify and hold Grantee harmless from and against any claims or damages (including court costs and reasonable attorneys' fees) resulting from the construction, installation, maintenance, use or existence of such landscaping or facilities except such claims or damages that result from the negligence of Grantee or its employees, agents or contractors. Notwithstanding the foregoing, Grantor shall not have any liability under this indemnity with respect to any landscaping or facilities installed by an assignee of Grantor or with respect to any landscaping or facilities assigned or conveyed by Grantor to an assignee after installation, provided that Grantor has given Grantee written notice of such assignment, by certified mail return receipt requested, at Grantee's address set forth in the Dedication Deed. Any such assignee (of whom Grantee has been notified as provided above) shall be automatically deemed to have assumed this indemnity upon such assignment and Grantor shall be deemed released therefrom. As a condition to the obligations under this indemnity, Grantee must give the indemnifying party prompt notice of any claim that may be covered by this indemnity, shall cooperate in the defense thereof, and shall not take any action, including, but not limited to, a settlement of the claim, that would adversely affect the defense of such claim without the prior written consent of the indemnifying party. The above provisions do not restrict in any way the right of Grantee to bring suit under or otherwise enforce this indemnity in accordance with its terms. 5. By its acceptance of this Dedication Deed, Grantee agrees to execute such further instruments confirming or evidencing the easements reserved in this Exhibit "B" as Grantor from time to time may reasonably request, including, but not limited to, any utility easement documents used by any utility company, although such execution is not necessary for the exercise of any rights under this easement. Exhibit B to Dedication Deed 7001-deddeed-WRA-Westlake Denton County Juli Luke County Clerk Instrument Number: 94807 Real Property Recordings DEED Recorded On: July 02, 2020 11:13 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $54.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 94807 Receipt Number: 20200702000369 Recorded Date/Time: July 02, 2020 11:13 AM User: Chris P Station: Station 42 Record and Return To: TOWN OF WESTLAKE 1500 SOLANA BLVD. BUILDING 7 SUITE 7200 WESTLAKE TX 76262 STATE OF TEXAS rz1ac;-0-1 COUNTY OF DENTON 0, a I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. l O Juli Luke �..184.�c County Clerk Denton County, TX DEDICATION DEED THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Westlake Retail Associates, Ltd., a Texas limited partnership "Grantor"), for and in consideration of the acceptance of the terms, conditions and reservations contained herein by The Town of Westlake, Texas, a municipal corporation of Tarrant and Denton Counties, Texas ("Grantee"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY, unto Grantee, as a dedication for the uses set forth herein, all of that certain tract of real property situated in Denton County, Texas described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). This conveyance of the Property is made and accepted subject to the following (the "Permitted Exceptions"): (i) the restrictions hereinafter set forth, (ii) the easements reserved as set forth in Exhibit "B" attached hereto and made a part hereof by reference, and (iii) all other matters of record affecting the Property that may exist as of the recordation of this instrument. The Property is conveyed to Grantee to be used only for the following purposes (the "Permitted Purposes"): the construction, use, maintenance, repair and reconstruction of a public roadway and for any other legal purpose related thereto, including without limitation, drainage facilities, utilities, franchises, pipelines and conduits of whatever kind or description, both publicly owned and privately owned, where permitted by Grantee. All facilities constructed on the Property, other than the public roadway, must be buried beneath the surface of the Property (the "Underground Facilities"). Appurtenances to the Underground Facilities that cannot be installed underground but can only be installed on the surface of the Property may be installed on the surface of the Property. Temporary Facilities may be constructed on the surface of the Property or above the surface of the Property. For purposes of this agreement, "Temporary Facilities" shall mean only those surface -mounted or above -ground facilities required to service projects under construction. In no event shall Temporary Facilities be installed for more than two years. Temporary Facilities shall be removed at the expense of the party that installs the Temporary Facilities. Nothing herein shall be construed as requiring Grantee or a permittee of Grantee to bear the increased cost of the underground facilities required by this agreement (as compared to the cost of overhead facilities). There is excepted from this conveyance and reserved unto Grantor all of the water, oil, gas and other minerals in, on or under the Property; PROVIDED, HOWEVER, THAT GRANTOR SHALL NOT EXPLORE FOR, PRODUCE OR MINE SUCH MINERALS IN ANY MANNER THAT WOULD INTERFERE WITH GRANTEE'S USE OF THE PROPERTY. Grantor hereby retains and reserves a possibility of reverter in favor of Grantor pursuant to which the conveyance hereunder shall be automatically void and the estate granted shall be automatically terminated and forfeited, without the necessity of any notice (except as expressly provided in this Dedication Deed), election or re-entry whatsoever, with respect to any portion of the Property that, for a period of two years (after commencement of use of the roadway that has been constructed and opened on the Property) is not used as a public roadway, and Grantor gives Grantee written notice of such condition and such condition continues to exist 60 days following the giving of such notice, whereupon, effective as of the expiration of such 60-day period, all right, title and interest in and to such portion of the Property and all improvements then existing thereon shall automatically revert to Grantor. It is the express intention of Grantor and Grantee Page 1 Dedication Deed 7000-deddeed-WRA-Westlake that Grantor is conveying to Grantee an estate in fee simple determinable in and to the Property and that the provisions of this paragraph shall constitute conditional limitations upon the estate conveyed herein and not a covenant or a right of re-entry for breach of condition subsequent, such that fee simple title to the Property or the portion thereof that is not used as a public roadway for a period of two years (after commencement of use of the roadway that has been constructed and opened on the Property), together with improvements then existing thereon, shall automatically revert to Grantor, and no notice (except as expressly provided in this Dedication Deed), election or re-entry upon the Property shall be required to vest title to the Property (or portion thereof) and all improvements then existing thereon, in Grantor. Neither the occurrence of a condition due to an act or failure to act by a third party, nor impossibility or inability of Grantee to prevent the occurrence of a condition, shall excuse such occurrence or condition or prevent the automatic termination of the determinable fee estate conveyed hereby. Notwithstanding the above provisions, in the event that the fee simple title to the Property reverts to Grantor as provided above, Grantee shall retain a perpetual, underground easement that shall survive such reversion on the following terms: (a) Any underground utility or other facilities installed in compliance with the Permitted Purposes and existing as of the date of such reversion, owned by Grantee or any other entity, may remain in place, and the owners thereof shall have the right to use, operate, maintain and repair such utilities; (b) Grantee shall have the right to install, use, operate, maintain and repair under the Property underground water, sanitary sewer and storm drainage facilities, as well as an other underground utility facilities that Grantee may own and operate in the future, and any necessary appurtenances thereto; and (c) Grantee shall have the right to allow or permit any public utility to install, use, operate, maintain and repair under the Property any underground public utility facilities. Notwithstanding the above stated easement rights that will be retained by Grantee in the event of such reversion, Grantor, and its successors, assigns and permittees, shall have the right to use the surface of the Property and any area beneath the surface of the Property for any use that does not interfere with the easement rights of Grantee and others described above. Further, Grantor, at its expense, shall have the right to relocate any utilities and facilities that are the subject of such rights provided that the level of service provided by such utilities at the new location will not be impaired in any material respect, either in the process of such relocation or after the completion thereof. The right of reversion reserved herein shall terminate and shall be of no further force or effect 21 years less one day after the death of the last survivor of any of the descendants of Queen Elizabeth II of England living on the date of execution of this Dedication Deed. The possibility of reverter and all other rights, options and easements retained or reserved by Grantor in this Dedication Deed shall be the property of and shall inure to the benefit of Grantor, its successors and assigns, and are not appurtenant to any tract of property (other than the Property). All provisions of this Dedication Deed applicable to Grantor and Grantee shall be applicable to their respective successors and assigns. Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning (i) the nature and condition of the Property, including, but not limited to, the suitability thereof for any activity or use; (ii) the condition of any improvements located thereon; (iii) the compliance of the Property with any laws, rules, ordinances or regulations of any government or other body. The conveyance of the Property as provided for herein is made on an "AS IS" basis, and by its acceptance of this Deed and in consideration of the conveyances by Grantor herein, Grantee acknowledges that, except as otherwise specifically stated in this Dedication Deed, GRANTOR MAKES NO Page 2 Dedication Deed 7000-deddeed- WRA-Westlake REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIMED. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. EXECUTED this 2o10 day of L , 2020. Westlake Retail Associates, Ltd., a Texas limited partnership ACCEPTED ON THE TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN: The Town of Westlake By: 4k? 44t� Town Manager ATTEST: APPROVED AS TO FORM: -N 4 2 Town Attorne By: HWWRA GP, LLC, a Texas limited liability company, its general partner By: L. Vussell Executive Vice President Page 3 Dedication Deed 7000-deddeed-WRA-Westlake THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this day of , 2020 by L. Russell Laughlin, Executive Vice President of HWWRA GP, LLC, jenerall partner of Westlake Retail Associates, Ltd., a Texas limited partnership, on behalf of said limited partnership. .R...... MICHELLE SONDIE STOGSDILL =z°° :Notary Public, State of Texas Comm. Expires 12-24-2023 Notary ID 11499309 THE STATE OF TEXAS § COUNTY OF TARRANT § rim. -0400'.Iea-qa EVIL,- This instrument was acknowledged before me on this 4 day of Aw , 20209 by Amen./o De Gan ' the Town Manager of the ToOn of Westlake, Texas, a municipal corporation, on behalf of the Town of Westlake, Texas. """#1'RICHARD TODD WOOD `1�PY PG6 :% h Notary Public, State of Texas =�'. P� Comm. Expires 02-14-2024 /oF Notary ID 132360452 GRANTEE'S ADDRESS: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 Not ry Public, State of Texas AFTER RECORDING, RETURN TO: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 WITH COPY TO: Westlake Retail Associates, Ltd. 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attention: L. Russell Laughlin Page 4 Dedication Deed 7000-deddeed-WRA-Westlake EXHIBIT "A" DESCRIPTION OF 4.388 ACRES OF LAND RIGHT-OF-WAY DEDICATION SCHWAB WAY BEING a tract of land situated in the Jesse Sutton Survey, Abstract Number 1154, Town of Westlake, Denton County, Texas and being a portion of that tract of land described by deed to Westlake Retail Associates, LTD. recorded in Instrument Number 98-RO 118649, Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "Peloton" set at the northeast corner of said Westlake Retail tract, being the northwest corner of that tract of land described by deed to HW 2421 Land, L.P., recorded in Instrument Number 2009-55583, said Real Property Records, and being in the south right-of-way line of State Highway 114 (a variable width right- of-way); THENCE S 17025' 17"W, 431.19 feet, departing said south right-of-way line, with the east line of said Westlake Retail tract, and the west line of said HW 2421 tract, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found at the northeast corner of that tract of land (tract 1) described by deed to CS Kinross Lake Parkway, LLC, recorded in Instrument Number 2016- 64107, said Real Property Records at the beginning of a curve to the right; THENCE departing the west line of said HW 2421 tract, with the south line of said Westlake Retail tract, and the north line of said CS Kinross tract, and with said curve to the right, an arc distance of 303.92 feet, through a central angle of 33°59'06", having a radius of 512.38 feet, the long chord which bears S 73°00' l 6"W, 299.48 feet to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; THENCE S 89059'49"W, 1513.64 feet, continuing with said common line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found, at the beginning of a curve to the left; THENCE continuing with said common line and with said curve to the left, an arc distance of 30.52 feet, through a central angle of 01 °26'22", having a radius of 1215.00 feet, the long chord which bears S 8911638"W, 30.52 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set; THENCE N 00058' 15"W, 100.00 feet, departing said common line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set at the beginning of a non -tangent curve to the right; THENCE with said non -tangent curve to the right, an arc distance of 32.21 feet, through a central angle of 01'24' 13", having a radius of 1315.00 feet, the long chord which bears N 89017'43"E, 32.21 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set; THENCE N 89059'49"E, 1513.64 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set, at the beginning of a curve to the left; Peloton Job No. HWA16013 Tracking No. ACF#7000 Westlake July 18, 2019 G:1JOB\HWA16013_CTR_WESTLAKE_INFRAISUR�LEGAL\HWA16013_DEI.DOCX Page 1 of 3 THENCE with said curve to the left, at an are distance of 83.30 feet a 5/8 inch iron rod with plastic cap stamped "Peloton", found at the south corner of that tract of land (tract 2) described by deed to CS Kinross Lake Parkway, LLC recorded in Instrument Number 2016-64107 said Real Property Records, in all 306.83 feet, through a central angle of 42°37'54", having a radius of 412.38 feet, the long chord which bears N 68°40'52"E, 299.80 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found in the west line of said CS Kinross tract (tract 2), at the beginning of a compound curve to the left; THENCE with the west line of said tract 2, and with said compound curve to the left, an arc distance of 199.27 feet, through a central angle of 28°28'29", having a radius of 400.97 feet, the long chord which bears N 29010'36"E, 197.23 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; THENCE N 13026'29"E, 91.19 feet, continuing with the west line of said tract 2, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; THENCE N 1701WOVE, 32.91 feet, with said west line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; THENCE S 75023'35"E, 9.46 feet to the Point of Beginning and containing 191,131 square feet or 4.388 acres of land more or less. "Integral parts of this document" 1. Description - 2 Pages 2. Exhibit - 1 Page Peloton Job No. HWA16013 Tracking No. ACF#t7000 Westlake July 18, 2019 G:\JOB\HWA16013-CTR-WESTLAKE-INFRA\SUR\LEGAL\HWA16013-DEI.DOCX Page 2 of 3 BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NAD83, NORTH CENTRAL ZONE 4202. CURVE TABLE NO. DELTA RADIUS LENGTH BEARING DISTANCE C1 010 24'13" 1315.00' 32.21' N 89017'43" E 32.21' C2 280 28' 29" 400.97' 199.27' N 290 10' 36" E 197.23' 170 _ -._.- - stareq,-9hWa to �lgh�'a'y Y 114 Sta ?' CS Kinross Lake Parkway, LLC (troct 2) lnst. • 2016-64107 I O l�PQ� R.P.R.D.C.T. L 0 300 600 GRAPHIC SCALE IN FEET "INTEGRAL PARTS OF THIS DOCUMENT" 1. DESCRIPTION - 2 pages 2. EXHIBIT - 1 page Point of L 3 Beginning 2RF IRF i3 QN .�Q WESTLAKE RETAIL ASSOCIATES, LTD. 1tl 42° 37'S4" IRF, 3 INST.= 98-RO118649 R - 412.38' I o, P R.P.R.D.C.T.� L - 306.83 N LC- N680 40'52"E �• IRF ° i 299.80' IRSCIIRS N89° 59'49"E 1513.64' I $ Q� a N00° 58'15"W 100.00, IRS A - 010 26'22" R - 1215.00' L - 30.52' LC- S89016'38"W 30.52' S Firm S890 59'49"W 1513.64' CS Kinross Lake Parkway, LLC (tract 1) lnst.• 2016-64107 R.P.R.D.C. T. Exhibit "A" i Right -of -Way Dedication RRF A - 330 59'06" R - 512.38' L - 303.92' LC- S730 00'16"W 299.48' I � I LINE TABLE -IW 2421 Land L.P. (Parcel 1) Inst. • 2009-55583 R.P.R.0.C. T. NO. BEARING DISTANCE L1 N 13026'29"E 91.19, L2 N 17010'09"E 32.91' L3 S 75023'35"E 9.46' SCHWAB WAY SITUATED IN THE JESSE SUTTON SURVEY, ABSTRACT NUMBER 1154 AND THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393,TOWN OF WESTLAKE, DENTON COUNTY, TEXAS. C 2019 Peloton Land Solutions. Inc 0 N V Co w a 0 M m 0 EXHIBIT "B" EASEMENTS RESERVED 1. Grantor hereby reserves a non-exclusive, assignable, free easement over and across the surface of any portion of the Property not covered by pavement for the installation and maintenance of landscaping and an underground landscape irrigation system. Grantor or Grantor's assignee, whichever entity installs any such landscaping or underground irrigation system, shall have the right and responsibility to keep such landscaping and irrigation system in good condition and repair. Grantee shall have no responsibility for any such maintenance. Grantee, at Grantor's expense, shall have the right to take such action as necessary to stop water from running on the Property from any leaks in the irrigation system that are not promptly repaired by Grantor or its assignee. 2. The easements reserved in this Exhibit "B" are easements in gross for the benefit of Grantor and its successors and assigns. 3. Grantor or its assignee shall make no use of the Property without Grantee's consent, which shall not be unreasonably withheld or delayed. Grantor or its assignee shall restore or repair any damage to the Property resulting from such use by Grantor or its assignee. 4. The person or entity (whether Grantor or an assignee of Grantor) exercising any right to install any landscaping or facilities pursuant to the easement reserved herein shall indemnify and hold Grantee harmless from and against any claims or damages (including court costs and reasonable attorneys' fees) resulting from the construction, installation, maintenance, use or existence of such landscaping or facilities except such claims or damages that result from the negligence of Grantee or its employees, agents or contractors. Notwithstanding the foregoing, Grantor shall not have any liability under this indemnity with respect to any landscaping or facilities installed by an assignee of Grantor or with respect to any landscaping or facilities assigned or conveyed by Grantor to an assignee after installation, provided that Grantor has given Grantee written notice of such assignment, by certified mail return receipt requested, at Grantee's address set forth in the Dedication Deed. Any such assignee (of whom Grantee has been notified as provided above) shall be automatically deemed to have assumed this indemnity upon such assignment and Grantor shall be deemed released therefrom. As a condition to the obligations under this indemnity, Grantee must give the indemnifying party prompt notice of any claim that may be covered by this indemnity, shall cooperate in the defense thereof, and shall not take any action, including, but not limited to, a settlement of the claim, that would adversely affect the defense of such claim without the prior written consent of the indemnifying party. The above provisions do not restrict in any way the right of Grantee to bring suit under or otherwise enforce this indemnity in accordance with its terms. 5. By its acceptance of this Dedication Deed, Grantee agrees to execute such further instruments confirming or evidencing the easements reserved in this Exhibit "B" as Grantor from time to time may reasonably request, including, but not limited to, any utility easement documents used by any utility company, although such execution is not necessary for the exercise of any rights under this easement. Exhibit B to Dedication Deed 7000-deddeed- WRA-Westlake Denton County Juli Luke County Clerk Instrument Number: 94806 Real Property Recordings DEED Recorded On: July 02, 2020 11:13 AM Number of Pages: 9 " Examined and Charged as Follows: " Total Recording: $58.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: 94806 Receipt Number: 20200702000369 Recorded Date/Time: July 02, 2020 11:13 AM User: Chris P Station: Station 42 Record and Return To: TOWN OF WESTLAKE 1500 SOLANA BLVD. BUILDING 7 SUITE 7200 WESTLAKE TX 76262 STATE OF TEXAS G�vA COUNTY OF DENTON A uence on the date/time I hereby certify that this Instrument was FILED In the File Number seq y printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke I846 County Clerk Denton County, TX DEDICATION DEED THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: That Westlake Retail Associates, Ltd., a Texas limited partnership "Grantor"), for and in consideration of the acceptance of the terms, conditions and reservations contained herein by The Town of Westlake, Texas, a municipal corporation of Tarrant and Denton Counties, Texas ("Grantee"), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Has GRANTED and CONVEYED, and by these presents does GRANT and CONVEY, unto Grantee, as a dedication for the uses set forth herein, all of that certain tract of real property situated in Denton County, Texas described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"). This conveyance of the Property is made and accepted subject to the following (the "Permitted Exceptions"): (i) the restrictions hereinafter set forth, (ii) the easements reserved as set forth in Exhibit "B" attached hereto and made a part hereof by reference, and (iii) all other matters of record affecting the Property that may exist as of the recordation of this instrument. The Property is conveyed to Grantee to be used only for the following purposes (the "Permitted Purposes"): the construction, use, maintenance, repair and reconstruction of a public roadway and for any other legal purpose related thereto, including without limitation, drainage facilities, utilities, franchises, pipelines and conduits of whatever kind or description, both publicly owned and privately owned, where permitted by Grantee. All facilities constructed on the Property, other than the public roadway, must be buried beneath the surface of the Property (the "Underground Facilities"). Appurtenances to the Underground Facilities that cannot be installed underground but can only be installed on the surface of the Property may be installed on the surface of the Property. Temporary Facilities may be constructed on the surface of the Property or above the surface of the Property. For purposes of this agreement, "Temporary Facilities" shall mean only those surface -mounted or above -ground facilities required to service projects under construction. In no event shall Temporary Facilities be installed for more than two years. Temporary Facilities shall be removed at the expense of the party that installs the Temporary Facilities. Nothing herein shall be construed as requiring Grantee or a permittee of Grantee to bear the increased cost of the underground facilities required by this agreement (as compared to the cost of overhead facilities). There is excepted from this conveyance and reserved unto Grantor all of the water, oil, gas and other minerals in, on or under the Property; PROVIDED, HOWEVER, THAT GRANTOR SHALL NOT EXPLORE FOR, PRODUCE OR MINE SUCH MINERALS IN ANY MANNER THAT WOULD INTERFERE WITH GRANTEE'S USE OF THE PROPERTY. Grantor hereby retains and reserves a possibility of reverter in favor of Grantor pursuant to which the conveyance hereunder shall be automatically void and the estate granted shall be automatically terminated and forfeited, without the necessity of any notice (except as expressly provided in this Dedication Deed), election or re-entry whatsoever, with respect to any portion of the Property that, for a period of two years (after commencement of use of the roadway that has been constructed and opened on the Property) is not used as a public roadway, and Grantor gives Grantee written notice of such condition and such condition continues to exist 60 days following the giving of such notice, whereupon, effective as of the expiration of such 60-day period, all right, title and interest in and to such portion of the Property and all improvements then existing thereon shall automatically revert to Grantor. It is the express intention of Grantor and Grantee Page 1 Dedication Deed 7518-deddeed-WRA-Westlake that Grantor is conveying to Grantee an estate in fee simple determinable in and to the Property and that the provisions of this paragraph shall constitute conditional limitations upon the estate conveyed herein and not a covenant or a right of re-entry for breach of condition subsequent, such that fee simple title to the Property or the portion thereof that is not used as a public roadway for a period of two years (after commencement of use of the roadway that has been constructed and opened on the Property), together with improvements then existing thereon, shall automatically revert to Grantor, and no notice (except as expressly provided in this Dedication Deed), election or re-entry upon the Property shall be required to vest title to the Property (or portion thereof) and all improvements then existing thereon, in Grantor. Neither the occurrence of a condition due to an act or failure to act by a third party, nor impossibility or inability of Grantee to prevent the occurrence of a condition, shall excuse such occurrence or condition or prevent the automatic termination of the determinable fee estate conveyed hereby. Notwithstanding the above provisions, in the event that the fee simple title to the Property reverts to Grantor as provided above, Grantee shall retain a perpetual, underground easement that shall survive such reversion on the following terms: (a) Any underground utility or other facilities installed in compliance with the Permitted Purposes and existing as of the date of such reversion, owned by Grantee or any other entity, may remain in place, and the owners thereof shall have the right to use, operate, maintain and repair such utilities; (b) Grantee shall have the right to install, use, operate, maintain and repair under the Property underground water, sanitary sewer and storm drainage facilities, as well as an other underground utility facilities that Grantee may own and operate in the future, and any necessary appurtenances thereto; and (c) Grantee shall have the right to allow or permit any public utility to install, use, operate, maintain and repair under the Property any underground public utility facilities. Notwithstanding the above stated easement rights that will be retained by Grantee in the event of such reversion, Grantor, and its successors, assigns and permittees, shall have the right to use the surface of the Property and any area beneath the surface of the Property for any use that does not interfere with the easement rights of Grantee and others described above. Further, Grantor, at its expense, shall have the right to relocate any utilities and facilities that are the subject of such rights provided that the level of service provided by such utilities at the new location will not be impaired in any material respect, either in the process of such relocation or after the completion thereof. The right of reversion reserved herein shall terminate and shall be of no further force or effect 21 years less one day after the death of the last survivor of any of the descendants of Queen Elizabeth II of England living on the date of execution of this Dedication Deed. The possibility of reverter and all other rights, options and easements retained or reserved by Grantor in this Dedication Deed shall be the property of and shall inure to the benefit of Grantor, its successors and assigns, and are not appurtenant to any tract of property (other than the Property). All provisions of this Dedication Deed applicable to Grantor and Grantee shall be applicable to their respective successors and assigns. Grantor hereby disclaims any warranty, guaranty or representation, oral or written, past, present or future, of, as, to or concerning (i) the nature and condition of the Property, including, but not limited to, the suitability thereof for any activity or use; (ii) the condition of any improvements located thereon; (iii) the compliance of the Property with any laws, rules, ordinances or regulations of any government or other body. The conveyance of the Property as provided for herein is made on an "AS IS" basis, and by its acceptance of this Deed and in consideration of the conveyances by Grantor herein, Grantee acknowledges that, except as otherwise specifically stated in this Dedication Deed, GRANTOR MAKES NO Page 2 Dedication Deed 7518-deddeed-WRA-Westlake REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT IN NO WAY LIMITED TO, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE EXPRESSLY DISCLAIMED. TO HAVE AND TO HOLD the Property, subject to the Permitted Exceptions, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the Property, subject to the Permitted Exceptions, unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. EXECUTED this 24' "'1 day of PctlL , 2020. Westlake Retail Associates, Ltd., a Texas limited partnership ACCEPTED ON THE TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN: The Town of Westlake LIN Town Manager ATTEST: /,I ,,I-.e,- Z/V APPROVED AS TO FORM: ),"*,a Q- Town Altorney By: HWWRA GP, LLC, a Texas limited liability company, its general partner By: +L.ussell La i Executive Vice President Page 3 Dedication Deed 7518-deddeed-WRA-Westlake THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this day of , 2020 by L. Russell Laughlin, Executive Vice President of HWWRA GP, LLC+,en)e!r�jalpartner of Westlake Retail Associates, Ltd., a Texas limited partnership, on behalf of said limited partnership. MICHELLE SONDIE S70GSDILL .`1P�',... U �� °; .Notary Public, State of Texas 'Q; Comm. Expires 12-24-2023 °F,�r` Notary ID 11499309 THE STATE OF TEXAS COUNTY OF TARRANT E-1140t—T, I - This instrument was acknowledged before me on this-6±--day of A44v , 2020, by ,� G n-60 , . the Town Manager of the Tow >t of Westlake, Texas, a municipal corporation, on behalf of the Town of Westlake, Texas. RICHARD TODD WOOD Notary Public, State of Texas Comm. Expires 02-14-2024 Notary ID 132360452 GRANTEE'S ADDRESS: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 Notary Public, Stifte of Texas AFTER RECORDING, RETURN TO: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 WITH COPY TO: Westlake Retail Associates, Ltd. 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attention: L. Russell Laughlin Page 4 Dedication Deed 7518-deddeed-WRA-Westlake EXHIBIT "A" DESCRIPTION OF 3.790 ACRES OF LAND RIGHT-OF-WAY DEDICATION SCHWAB WAY BEING a tract of land situated in the Richard Eads Survey, Abstract Number 393, Town of Westlake, Denton County, Texas and being a portion of that tract of land described by deed to Westlake Retail Associates, LTD, recorded in Instrument Number 98-ROI 18649, Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a PK nail with shiner found at the southeast corner of said Westlake tract, being the southwest corner of that tract of land described by deed to CS Kinross Lake Parkway, LLC., recorded in Instrument Number 2016-64107, said County Records; THENCE N 33010'34"E, 29.29 feet with the common line of said Westlake tract and said CS Kinross tract to a 5/8 inch iron rod with plastic cap stamped "Peloton" set, at the POINT OF BEGINNING; THENCE N 56049'26"W, 119.00 feet, departing said common line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set; THENCE N 78010'34"E, 26.87 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set; THENCE N 33ol0'34"E, 406.86 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set, at the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 1271.89 feet, through a central angle of 55°25'03", having a radius of 1315.00 feet, the long chord which bears N 60153'05"E, 1222.89 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set; THENCE S 0005 8'15"E, 100.00 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" set in the north line of the aforementioned CS Kinross tract, being at the beginning of a curve to the left, from which a 5/8 inch iron rod found in said north line, bears N 89°16'38"E, 30.52 feet; THENCE with said north line and said curve to the left, an arc distance of 1174.41 feet, through a central angle of 55122'54", having a radius of 1215.00 feet, the long chord which bears S 60°52'01 "W, 1129.22 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found; THENCE S 33010'34"W, 425.86 feet with said north line to the Point of Beginning and containing 165,081 square feet or 3.790 acres of land more or less. "Integra] parts of this document" 1. Description 2. Exhibit Peloton Job No. HWA16013 CTR ROW Tracking No. ACF#/ 7518 July 18, 2019 G:VOB\HWA16013_CTR_WESTLAKE_INFRA\SUR\LEGAL\HWA16013_DE3.DOCX Page 1 019 0 200 400 GRAPHIC SCALE IN FEET "INTEGRAL PARTS OF THIS DOCUMENT" 1 air / 0A o?��o�/ / i 1. DESCRIPTION / 2. EXHIBIT d / IJ � > / C I� IJ O i W In $ / o CL > In 3I1 oll� i O uo � } a� 1 1 ' / Water mi'� 115' Line Easement I Inst.- 2018-5917 0 t" �I R.P.R.D.C.T. O'. o.. �N78° 10'34"E BASIS OF BEARING IS THE TEXAS COORDINATE SYSTEM NAD83, NORTH CENTRAL ZONE 4202. WESTLAKE RETAIL ASSOCIATES, LTD. INST.• 98-0118649 R.P.R.D.C.T. A - 55° 25'03" R - 1315.00' L - 1271.89' LC- N60° 53'05"E 1222.89' �0 ^� es / / 20' Easement Reservotion pt� Inst.-R.P R.D C6T 107 5 � / 55° 22'54" R - 1215.00' / L - 1174.41' LC- S60.52'01"W / 1129.22' / CS Kinross Lake Parkway, LLC / !tract 1) Inst.n 2016-64107 R.P.R.D.C. T. LINE TABLE 1-1 N56° 49'26"W 119.00' Utility Eosemenl Inst.• D218014506 �: C.I .T.C.T. : ` `\ S /C-> Margaret B. Lee I�" Point of Beginning Ins t. 11 D20830806 7 PK ria� I W/ SHINER H3-rla34E 2929, C.R. T.C. T. I �.. Point Of ' \\ `� Utility Eosemenl r \� `� Vol. 4247, Pg. 2908 1TFrPLS Firm 10177 700 Commencing C,R.T.C.T. Or . obYP ,�j' Margaret 8. Lee Ins t- # D20830806 7 0hr, QQ' `` : • ���\ C.R. T.C. T. °•Yi S00° 58'15"E 100.00, Exhibit "A" Right -of -Way Dedication Schwab Way SITUATED IN THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393,TOWN OF WESTLAKE, 9'16'38'E — 3052' DENTON COUNTY,TEXAS. Copyright© 2019 Peloton Land Solutions, Inc. I N 0 N W a o_ N m C1 m } m d cc m m 3 m EXHIBIT "B" EASEMENTS RESERVED 1. Grantor hereby reserves a non-exclusive, assignable, free easement over and across the surface of any portion of the Property not covered by pavement for the installation and maintenance of landscaping and an underground landscape irrigation system. Grantor or Grantor's assignee, whichever entity installs any such landscaping or underground irrigation system, shall have the right and responsibility to keep such landscaping and irrigation system in good condition and repair. Grantee shall have no responsibility for any such maintenance. Grantee, at Grantor's expense, shall have the right to take such action as necessary to stop water from running on the Property from any leaks in the irrigation system that are not promptly repaired by Grantor or its assignee. 2. The easements reserved in this Exhibit "B" are easements in gross for the benefit of Grantor and its successors and assigns. 3. Grantor or its assignee shall make no use of the Property without Grantee's consent, which shall not be unreasonably withheld or delayed. Grantor or its assignee shall restore or repair any damage to the Property resulting from such use by Grantor or its assignee. 4. The person or entity (whether Grantor or an assignee of Grantor) exercising any right to install any landscaping or facilities pursuant to the easement reserved herein shall indemnify and hold Grantee harmless from and against any claims or damages (including court costs and reasonable attorneys' fees) resulting from the construction, installation, maintenance, use or existence of such landscaping or facilities except such claims or damages that result from the negligence of Grantee or its employees, agents or contractors. Notwithstanding the foregoing, Grantor shall not have any liability under this indemnity with respect to any landscaping or facilities installed by an assignee of Grantor or with respect to any landscaping or facilities assigned or conveyed by Grantor to an assignee after installation, provided that Grantor has given Grantee written notice of such assignment, by certified mail return receipt requested, at Grantee's address set forth in the Dedication Deed. Any such assignee (of whom Grantee has been notified as provided above) shall be automatically deemed to have assumed this indemnity upon such assignment and Grantor shall be deemed released therefrom. As a condition to the obligations under this indemnity, Grantee must give the indemnifying party prompt notice of any claim that may be covered by this indemnity, shall cooperate in the defense thereof, and shall not take any action, including, but not limited to, a settlement of the claim, that would adversely affect the defense of such claim without the prior written consent of the indemnifying party. The above provisions do not restrict in any way the right of Grantee to bring suit under or otherwise enforce this indemnity in accordance with its terms. 5. By its acceptance of this Dedication Deed, Grantee agrees to execute such further instruments confirming or evidencing the easements reserved in this Exhibit "B" as Grantor from time to time may reasonably request, including, but not limited to, any utility easement documents used by any utility company, although such execution is not necessary for the exercise of any rights under this easement. Exhibit B to Dedication Deed 7518-deddeed-WRA-Westlake Denton County Jul! Luke County Clerk Instrument Number: 94805 Real Property Recordings DEED Recorded On: July 02, 2020 11:13 AM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $54.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 94805 TOWN OF WESTLAKE Receipt Number: 20200702000369 1500 SOLANA BLVD. BUILDING 7 SUITE 7200 Recorded Date/Time: July 02, 2020 11:13 AM User: Chris P WESTLAKE TX 76262 Station: Station 42 STATE OF TEXAS G9v�'Ty COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke .1846 County Clerk Denton County, TX PEDESTRIAN ACCESS EASEMENT This PEDESTRIAN ACCEV EASEMENT AGREEMENT (this "Agreement") is entered into as of the ZO day of QM L , 2020, between HW 2421 Land, LP, a Texas limited partnership ("Grantor"), and the Town of Westlake, Texas, a municipal corporation of Tarrant and Denton Counties, Texas ("Grantee"). For and in consideration of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants contained herein, Grantor and Grantee agree as follows: 1. Grant of Easement. Subject to the terms and conditions of this Agreement, Grantor hereby grants and conveys to Grantee an easement (the "Easement") over, under and across the property described in Exhibit "A" attached hereto (the "Easement Tract"). This grant and conveyance is made subject to all matters of record affecting the Easement Tract as of the date shown above. 2. Purpose of Easement. The Easement shall only be used for the purpose of providing public pedestrian and non -motorized vehicle ingress and egress to all property that is adjacent to the Easement Tract. 3. Permitted Assianment. Except as provided in this Paragraph 3, Grantee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of Grantor. Notwithstanding the foregoing, however, Grantee may assign all or any of its rights under this Agreement without the consent of Grantor provided that all of the following conditions are satisfied: (a) the assignee must be an entity acceptable to Grantor; (b) Grantee must give written notice of the assignment and franchise to Grantor; and (c) Grantee must deliver to Grantor a written agreement signed by the assignee in which the assignee agrees to be bound by all the terms and conditions of this Agreement. Any purported assignment that does not satisfy all of the foregoing conditions shall be void. Any permitted assignee of the rights of Grantee pursuant to this Paragraph 3 shall hereinafter be referred to as a "Permitted Assignee." Grantor shall have the right to assign the Easement and this Agreement without the consent of Grantee or any Permitted Assignee; provided, however, such assignment(s) shall be limited to assignees that own fee simple title to the property burdened by the Easement. 4. Other Easements. Grantor reserves the right to grant other rights and easements across, over or under the Easement Tract to such other persons as Grantor deems proper, provided such other grants do not interfere with the use of the Easement by Grantee for the purposes set forth herein. 5. Relocation. Grantor reserves the right, at Grantor's expense, to relocate the Easement or any of the Permitted Facilities (to locations inside or outside of the Easement Tract) provided Grantor executes and delivers to Grantee an easement agreement in the same form as this Agreement for the new location. 6. Repairs. Grantee shall repair any damage to the Easement Tract and surrounding property (including any improvements located thereon) resulting from Grantee's use thereof. 7. Prohibited Substances. Grantee shall not use the Easement Tract in a manner which violates any federal, state, or local law, regulation, rule or ordinance or which constitutes a public or private nuisance. Except for the normal use of fuels and lubricants (but excluding the Page 1 storage of any such fuels or lubricants), Grantee shall not locate, place, generate, store, manufacture, use or dispose of on or about the Easement Tract any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is the subject of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection or conservation of the environment. 8. Intentionally Deleted. 9. Notices. All notices given pursuant to or in connection with this Agreement shall be in writing and shall be effective when deposited in the U.S. mail, postage prepaid, certified or registered delivery with return receipt requested or, if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: To Grantor: HW 2421 Land, LP 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attention: L. Russell Laughlin To Grantee: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. 10. Limitation on Liability. Grantee shall only be liable under this Agreement for the acts, omissions, and breaches of Grantee and its officers, employees, duly authorized agents, duly authorized representatives, contractors, and subcontractors. Each Permitted Assignee shall only be liable under this Agreement for the acts, omissions, and breaches of its directors, officers, employees, agents, representatives, contractors, and subcontractors. For purposes of this paragraph, a Permitted Assignee shall not be deemed to be a contractor of Grantee solely because (i) such Permitted Assignee holds a public utility franchise from Grantee; (ii) Grantee participates in the cost of Permitted Facilities to be installed or constructed by such Permitted Assignee under contracts to be awarded by such Permitted Assignee; or (iii) Grantee approves plans and specifications for Permitted Facilities to be installed or constructed by such Permitted Assignee under contracts to be awarded by such Permitted Assignee. 11. Parties Bound. The rights, duties and obligations created by this Agreement shall constitute covenants running with the land, shall be binding on all subsequent owners of fee simple title in and to the Easement Tract, and shall be binding upon and inure to the benefit of Grantor, Grantee and their respective assignees as permitted by Paragraph 3 hereof. 12. Termination of Easement. The Easement shall automatically terminate upon dedication of the Easement Tract (as evidenced by recordation of a dedication instrument by the Town of Westlake), or if the Easement Tract is not used for the purposes contained herein for a period of two years. TO HAVE AND TO HOLD the above -described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and permitted assigns, forever. Grantor does hereby bind itself, its successors and assigns, to Page 2 warrant and forever defend, all and singular, the said premises, subject to all matters now of record affecting said premises, unto Grantee, its successors and permitted assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED to be effective as of the date first written above. GRANTOR: HW 2421 LAND, LP, a Texas limited partnership By: HW 2421 Land GP, LLC, a Texas limited liability company, its general partner ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on I a , 2020, by L. Russell Laughlin, Executive Vice President of HW 2421 Land P, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of HW 2421 Land, LP, a Texas limited partnership, on behalf of said limited partnership. ��i� MICHELLE SONDIE STOGSDILL ........ �=oti ma's Notary Public, State of Texas Comm. Expires 12-24-2023 Notary ID 11499309 mn� Notary• • Page 3 ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: Grantee: Town of Westlake By. dm4e4��, .6 >6� Town Manager ATTEST: APPROVED AS TO FORM: i1q 2 Town Attorney THE STATE OF TEXAS COUNTY OF TARRANT a-,-, ACKNOWLEDGEMENT This instrument was acknowledged before me on this _e day of a , 2020, by -,.," Lk6- • , the Town Manager of the Town of Westlake, Texas, a municipal corporation, on behalf of the Town of Westlake, Texas. "GYP/// RICHARD TODD WOOD :Notary Public, State of Texas �`�• �� Comm. Expires 02-14-2024 "No F,`Notary ID 132360452 GRANTEE'S ADDRESS: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 W 14 Notary Public, Slate of Texas WITH COPY TO: HW 2421 Land GP, LLC 9800 Hillwood Parkway, Suite 300 Fort Worth, Texas 76177 Attention: L. Russell Laughlin Page 4 Description of a Pedestrian Access Easement BEING a tract of land situated in the J. Sutton Survey, Abstract Number 1154, Town of Westlake, Denton County, Texas, being a portion of that tract of land described by deed to HW 2421 Land, L.P. recorded in Instrument Number 2009-55583, Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the northeast comer of that tract (tract 2) of land described by deed to CS Kinross Lake Parkway, LLC., recorded in Instrument Number 2016-64107, said Real Property Records, being the northwest comer of that tract of land described by deed to Westlake Retail Associates, LTD., recorded in Instrument Number 1998- 118649, said Real Property Records and being in the south right-of-way line of State Highway 114 (a variable width right-of-way), from which a Texas Department of Transportation monument bears N 75°23'35"W, 33.32 feet; THENCE S 75023'35"E, with said south right-of-way line, at 9.47 feet the northeast comer of said Westlake Retail Association tract, being the northwest corner of said HW 2421 Land tract, in all 147.00 feet; THENCE S 17010'09"W, 51.58 feet, departing said right-of-way line over and across said HW 2421 Land tract the following bearings and distances; THENCE S 27034'41 "W, 19.63 feet, to the POINT OF BEGINNING; THENCE S 19030'00"W, 137.73 feet; THENCE S 30014'43"W, 50.34 feet; THENCE S 40059'26"W, 136.43 feet; THENCE S 44049'03"W, 26.03 feet; THENCE S 48038'40"W, 25.59 feet; THENCE S 63035'39"W, 52.92 feet, to the west line of said HW 2421 Land tract, being the east line of aforementioned Westlake Retail Association tract; THENCE N 17025'20"E, 17.62 feet, with said common line, to the beginning of a curve to the left; THENCE departing said common line with said curve to the left, an arc distance of 263.84 feet, through a central angle of 29° 1 P26", having a radius of 517.88 feet, the long chord which bears N 42110'23"E, 261.00 feet; THENCE N 27034'41 "E, 140.98 feet to the Point of Beginning and containing 5,774 square feet or 0.133 acres of land more or less. "Integral parts of this document" 1. Description 2. Exhibit Peloton Job No. HWA16013 Tracking No. ACF# 7548 Westlake July 18, 2019 G:UOB\HWA16013_CTR_WESTLAKE_INFRAISUR\EASEMENTS\L.EGALSWWA16013_EA26.DOCX Page 1 of m N75° 23'35"W rx00r � 33.32' State Highway 114 3 (3N Point of (a variabIe width riqht-of-way) Commencing 0 0 60 12� IRF j�9 S / TXDOT / %5 , ? / dfonument oo35 E AL / GRAPHIC SCE IN FEET ----- �/ o _ IRF--_-- Basis of Bearing is the Texas Coordinate System S17o 10'09"W North CentralZone 4202, / 51.58'�- NAD 83 r rr / IRF Iron Rod Found / Point of �� / / j �r'�,' ter Line Esmt. S27° 34'41"W /WaInst. a 2018-5913 Beginning 19.63'1 -r / R.P.R.D.C.T. U06 -CO CS Kinross Lake Parkway, LLC. (tract 2) /'j DL O Utility Easement Inst.• 2016-64107 IliInst.• D218014505 R.P.R.D.C.T. / / O C.R.T.C.T. Sonitory Sewer Esmt. ^ / ^7 Inst.• 2018-5914 N ° R.P.R.D.C.T. / 5 / A - 29° 11' 26" �`Q S30014'43"W / R = 517.88' o��� 50.34' HW 2421 LAND, L.P. / LC- N420 10' 23'�// /' INST.� 2009-55583 j / ;� R.P.R.D.C.T. 261.00' (o Westlake Retail Assoc., LTD / / Q Inst.• 1998-118649 .t�(0' R.P.R.D.C.T. N170 25'20"E 17.62' / S440 49'03'W 2 6.0 3' gE qt TF S480 38'40"W .».LwE�� q� �► 2 5.5 9' TODDTi47BCRID ,Eg" -'S 63 ° 35' 39."W ."440 G 940 5292' % .P l,� % ". s,M... t► LA j j `i sutVS44 ✓ 1 Exhibit of a n 11f Pedestrian Access Easement P E LOTO N Situated in the J. Sutton Survey, Abstract Number 1154, I I LAND SOLUTIONS Town of Westlake, Denton County, Texas ACF 7W eW HiuwtxwPA177 P SUITE M817-2so JOB # HWA16013 DRAWN BY: D. Freeman CHECKED BY: T. Bridges DATE: 07-08-19 PAGE #2 of 2 FORT WORTH TEXAS 76177 PH.M 817-5823350 ,`\JO \HWA1 013_ _Westloke_tn ro\ ur\ osements\HWA16 t _ 6.dgn Defoult 7i18/ 01 :42:20 M Denton County Juli Luke County Clerk Instrument Number: 94804 Real Property Recordings EASEMENT Recorded On: July 02, 2020 11:13 AM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $50.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 94804 TOWN OF WESTLAKE Receipt Number: 20200702000369 1500 SOLANA BLVD. BUILDING 7 SUITE 7200 Recorded Date/Time: July 02, 2020 11:13 AM User: Chris P WESTLAKE TX 76262 Station: Station 42 STATE OF TEXAS rxt�-0-1 COUNTY OF DENTON 4 I hereby certify that this Instrument was FILED In the File Number sequence on the datettime �- printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. / Juli Luke 1846 County Clerk Denton County, TX PEDESTRIAN ACCESS EASEMENT This PEDESTRIAN ACCESSEASEMENT AGREEMENT (this "Agreement") is entered into as of the 2,oI4 day of 14PRI L , 2020, between Westlake Retail Associates, Ltd., a Texas limited partnership ("Grantor"), and the Town of Westlake, Texas, a municipal corporation of Tarrant and Denton Counties, Texas ("Grantee"). For and in consideration of $10.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants contained herein, Grantor and Grantee agree as follows: 1. Grant of Easement. Subject to the terms and conditions of this Agreement, Grantor hereby grants and conveys to Grantee an easement (the "Easement") over, under and across the property described in Exhibit "A" attached hereto (the "Easement Tract"). This grant and conveyance is made subject to all matters of record affecting the Easement Tract as of the date shown above. 2. Purpose of Easement. The Easement shall only be used for the purpose of providing public pedestrian and non -motorized vehicle ingress and egress to all property that is adjacent to the Easement Tract. 3. Permitted Assignment. Except as provided in this Paragraph 3, Grantee shall not convey, transfer, pledge, encumber or assign any of its rights under this Agreement without the prior written consent of Grantor. Notwithstanding the foregoing, however, Grantee may assign all or any of its rights under this Agreement without the consent of Grantor provided that all of the following conditions are satisfied: (a) the assignee must be an entity acceptable to Grantor; (b) Grantee must give written notice of the assignment and franchise to Grantor; and (c) Grantee must deliver to Grantor a written agreement signed by the assignee in which the assignee agrees to be bound by all the terms and conditions of this Agreement. Any purported assignment that does not satisfy all of the foregoing conditions shall be void. Any permitted assignee of the rights of Grantee pursuant to this Paragraph 3 shall hereinafter be referred to as a "Permitted Assignee." Grantor shall have the right to assign the Easement and this Agreement without the consent of Grantee or any Permitted Assignee; provided, however, such assignment(s) shall be limited to assignees that own fee simple title to the property burdened by the Easement. 4. Other Easements. Grantor reserves the right to grant other rights and easements across, over or under the Easement Tract to such other persons as Grantor deems proper, provided such other grants do not interfere with the use of the Easement by Grantee for the purposes set forth herein. 5. Relocation. Grantor reserves the right, at Grantor's expense, to relocate the Easement or any of the Permitted Facilities (to locations inside or outside of the Easement Tract) provided Grantor executes and delivers to Grantee an easement agreement in the same form as this Agreement for the new location. 6. Repairs. Grantee shall repair any damage to the Easement Tract and surrounding property (including any improvements located thereon) resulting from Grantee's use thereof. 7. Prohibited Substances. Grantee shall not use the Easement Tract in a manner which violates any federal, state, or local law, regulation, rule or ordinance or which constitutes a public or private nuisance. Except for the normal use of fuels and lubricants (but excluding the Page 1 storage of any such fuels or lubricants), Grantee shall not locate, place, generate, store, manufacture, use or dispose of on or about the Easement Tract any chemical, pollutant, toxic substance, hazardous material, waste or other substance that is the subject of any federal, state or local law, regulation, rule or ordinance pertaining to public health, safety or to the protection or conservation of the environment. 8. Intentionally Deleted. 9. Notices. All notices given pursuant to or in connection with this Agreement shall be in writing and shall be effective when deposited in the U.S. mail, postage prepaid, certified or registered delivery with return receipt requested or, if delivered by some other manner, when actually received. Notices to the parties shall be addressed as follows: To Grantor: Westlake Retail Associates, Ltd. 9800 Hillwood Parkway, Suite 300 Fort Worth, TX 76177 Attention: L. Russell Laughlin To Grantee: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 From time to time a party may designate a new address for the purpose of receiving notices hereunder by giving notice of its new address to the other party in the manner provided above. 10. Limitation on Liability. Grantee shall only be liable under this Agreement for the acts, omissions, and breaches of Grantee and its officers, employees, duly authorized agents, duly authorized representatives, contractors, and subcontractors. Each Permitted Assignee shall only be liable under this Agreement for the acts, omissions, and breaches of its directors, officers, employees, agents, representatives, contractors, and subcontractors. For purposes of this paragraph, a Permitted Assignee shall not be deemed to be a contractor of Grantee solely because (i) such Permitted Assignee holds a public utility franchise from Grantee; (ii) Grantee participates in the cost of Permitted Facilities to be installed or constructed by such Permitted Assignee under contracts to be awarded by such Permitted Assignee; or (iii) Grantee approves plans and specifications for Permitted Facilities to be installed or constructed by such Permitted Assignee under contracts to be awarded by such Permitted Assignee. 11. Parties Bound. The rights, duties and obligations created by this Agreement shall constitute covenants running with the land, shall be binding on all subsequent owners of fee simple title in and to the Easement Tract, and shall be binding upon and inure to the benefit of Grantor, Grantee and their respective assignees as permitted by Paragraph 3 hereof. 12. Termination of Easement. The Easement shall automatically terminate upon dedication of the Easement Tract (as evidenced by recordation of a dedication instrument by the Town of Westlake), or if the Easement Tract is not used for the purposes contained herein for a period of two years. TO HAVE AND TO HOLD the above -described premises, together with all and singular, the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and permitted assigns, forever. Grantor does hereby bind itself, its successors and assigns, to Page 2 warrant and forever defend, all and singular, the said premises, subject to all matters now of record affecting said premises, unto Grantee, its successors and permitted assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED to be effective as of the date first written above. GRANTOR: Westlake Retail Associates, Ltd., a Texas limited partnership By: HWWRA GP, LLC, a Texas limited liability company, its general partner By. Name: u ti Title: t E JGe ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2020, by L. Russell Laughlin, Executive Vice President of HWWRA GP, LLC*aexas blim—itpe—dliability company, on behalf of said limited liability company, in its capacity as general partner of Westlake Retail Associates, Ltd., a Texas limited partnership, on behalf of said limited partnership. MICHELLE SONDIE STOGSDILL ;z;• _Notary Public, State of Texas �9:+Q� Comm. Expires 12-24-7.023 Notary ID 11499309 Notary Public, State of Texas Page 3 ACCEPTED ON THE TERMS AND CONDITIONS CONTAINED HEREIN: Grantee: Town of Westlake By: Town Manager ATTEST: l� APPROVED AS TO FORM: I t 2 Town Attorney ACKNOWLEDGEMENT THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this day of a , 2020, by ,Ho ul, Oe. 6,,„ , the Town Manager of the Town of Westlake, Texas,fa municipal corporation, on behalf of the Town of Westlake, Texas. e,� RICHARD TODD WOOD Notary Public, State of Texas =��,+c Comm. Expires 02-14-2024 Notary fD 132360452 GRANTEE'S ADDRESS: The Town of Westlake 1500 Solana Blvd. Bldg. 7, Suite 7200 Westlake, TX 76262 Nota Public, State of Texas WITH COPY TO: Westlake Retail Associates, Ltd. 9800 Hillwood Parkway, Suite 300 Fort Worth, Texas 76177 Attention: L. Russell Laughlin Page 4 Description of a Pedestrian Access Easement BEING a tract of land situated in the Jesse Sutton Survey, Abstract Number 1154 and the Richard Eads Survey, Abstract Number 393, Town of Westlake, Denton County, Texas and being a portion of that tract of land described by deed to Westlake Retail Associates, LTD., recorded in Instrument Number 98-RO118649, Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a Texas Department of Transportation monument found at the northeast corner of said Westlake Retail Associates tract, being the northwest corner of that tract (Tract 2) of land described by deed to CS Kinross Lake Parkway, LLC., recorded in Instrument Number 2016-64107, said Real Property Records and being in the south right-of-way line of State Highway 114 (a variable width right-of-way); THENCE S 00011'03"E, 575.57 feet, with the east line of said Westlake Retail Associates tract and the west line of said Tract 2 to the POINT OF BEGINNING; THENCE S 00011'0311E, 6.12 feet, continuing with said common line to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at an ell corner of said Westlake Retail Associates tract, being the south corner of said Tract 2, the beginning of a non -tangent curve to the right; THENCE departing said common line over and across said Westlake Retail Associates tract the following courses and distances: With said non -tangent curve to the right, an arc distance of 83.30 feet, through a central angle of 11'34'24", having a radius of 412.38 feet, the long chord which bears S 84012'37"W, 83.15 feet, to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 89059'49"W, 1513.64 feet, to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the beginning of a curve to the left; With said curve to the left, an arc distance of 13 04. 10 feet, through a central angle of 56049' 15", having a radius of 1315.00 feet, the long chord which bears S 61 °35' 12"W, 1251.31 feet, to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found; S 33010'34"W, 369.74 feet; N 56049'26"W, 6.00 feet; N 33010'34"E, 369.74 feet, to the beginning of a curve to the right; Peloton Job No. HWA16013 Tracking No. ACF# 7549 Westlake October 04, 2019 G:UOB\HWA16013_CTR WESTLAKE_INFRA\SUR\EASEMENTS\LEGALS\HWA16013_EA27.DOCX Page 1 of 6 With said curve to the right, an arc distance of 1310.05 feet, through a central angle of 56°49' 15", having a radius of 1321.00 feet, the long chord which bears N 61 °35' 12"E, 1257.02 feet; N 89°59'49"E, 1513.64 feet, to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 83.29 feet, through a central angle of 11°44'37", having a radius of 406.38 feet, the long chord which bears N 84°07'31"E, 83.15 feet to the Point of Beginning and containing 19,643 square feet or 0.451 acres of land more or less. "Integral parts of this document" 1. Description 2. Exhibit Peloton Job No. HWA16013 Tracking No. ACF# 7549 Westlake October 04, 2019 G:UOB\HWA16013_CTR WESTLAKE_INFRA\SUR\EASEMENTS\LEGALS\HWA16013_EA27.DOCX Page 2 of 6 Basis of Bearing is the Texas Coordinate System TXQOT North Central Zone 4202. NAD 83 M �l IRF - Iron Rod Found �0 1 d� j 9 e i �7 9 W n� ICJ r: 9 J9 0A rdlc� Q �I onu— LcaGe ° ! V Ibo Point of I °r'Oble _ \6� w;°t h- w `' �T Commencing I 3»'-D� %9nt.a f- `"°y� S9' o 0 10 0 2 0 C TXDOT Monument GRAPHIC SCALE IN FEET I "Integral ports of this document" 1. Description - 2 Pages I ` 2. Exhibit - 4 Pages � ` I CS Klrrass Lake l Porkwoy, LLC � I JJrocJ 2l • // Ln InsJ. 2016-64107 WESTLAKE RETAIL I � � ASSOCIATES, LTD. I INST.• 98-RO118649 R.P.R.D.C.T. llw 2421 LAND. LP (PARCEL I1 I �l INST.= 2009-55583 RPR.DE.T. rn � `o LL Cl) a LU a 0 O 0 A - 110 44' 37" R - 406.38' N L - 83.2 9' I Point of LC- N840 07' 3VE sanitary Sewer Esmt. Beginning / �� 6 a° %Q�' i 83.15 lnst.• 2018-5918 R.P.R.D.C.T. 0.451 Acres I / / m p U) 1513.64' _ / - !RF S00° 11'03"E / Z S89° 59'49"W 1513.64' IRF 6.12' j z. O�U1 A - I 110 34' 24" / � L � 0 J � = ' 83308 Exhibit of a a LC- S840 12' 37"W _ J ...... ...... ......— — — — — 83.15' Pedestrian Access Easement W < s - CS Klr:ass Loke ParkwoyLLC Jlroct // Situated in the Jesse Sutton Survey, Abstract Number 1154, C= J InsL= 2016-64.'07 and the Richard Eads Survey, Abstract Number 393, s RP.R.D.C.T. 3PLS Firm Re No. 10177700 Town of Westlake, Denton County, Texas. Cop ri ht C 2019 Pelaton Land Solutions, Inc. Basis of Bearing is the Texas Coordinate System North Central Zone 4202, NAD 83 IRF - Iron Rod Found end % Vass WESTLAKE RETAIL ASSOCIATES, LTD. INST.= 98-RO118649 R.P.R.D.C.T. 0.451Acres ITBPLS Firm Reg No.10177700 1513.64' 1513.64' CS Kinross Lo,Fe-ar*w,7y LLc 0 100 200 GRAPHIC SCALE IN FEET "Integral ports of this document" 1. Description - 2 Pages 2. Exhibit - 4 Pages r `o LL Q W a , Co 0 w o� Oroc/ // 1 co //?V. • 2016-64107 RPR.D.C.T. x m 0 Z N S O 0 �v W J Y p Exhibit of a 0 0n Pedestrian Access Easement = Situated in the Jesse Sutton Survey, Abstract Number 1154,L1 J 8 and the Richard Eods Survey, Abstract Number 393, s; Town of Westlake, Denton County, Texas. W� ..... o Copyright C 2019 Peloton Land Solutions. Inc. Q 0 100 200 GRAPHIC SCALE IN FEET "Integrolparts of this document" 1. Description - 2 Pages 2. Exhibit - 4 Pages Firm Reg No. 10177 WESTLAKE RETAIL ASSOCIATES, LTD. INST.• 98-RO118649 R.P.R.D.C.T. Basis of Bearing is the Texas Coordinate System CO North Central Zone 4202, NAD 83 ° U. L IRF - Iron Rod Found Q w 9 N890 59'49"E 1513.64' N U) !RF I U 1513.64' I � A - 560 49' 15"—.—.—.—.— R - 1315.00' — L - 1304.10' LC- S610 35' 12"W 1251.31' CS ffllYOYS L(7ke Parkway, LLC &M01 /) Inst.' 266-64/07 R.P.R.D.C.T. lot Exhibit of a Pedestrian Access Easement Situated in the Jesse Sutton Survey, Abstract Number 1154, and the Richard Eads Survey, Abstract Number 393, Town of Westlake, Denton County, Texas. Copyright© 2019 Peloton Land Solutions, Inc. 0 r w t— 0 E ID ci } m a m O 0 In cD Basis of Bearing is the Texas Coordinate System (- North Central Zone 4202, NAD 83 a ;, IRF • Iron Rod Found t C ` Sh 3 e et 5 9 0 100 200 o j V 0 sese GRAPHIC SCALE IN FEET f "Integrol parts of this document" 1. Description - 2 Pages 2. Exhibit 4 Pages A - 560 49' 15" o ! R - 1321.00' l L - 1310.05' 0 LC- N610 35' 12"E 1257.02' -' j �a 0.451 Acres � I WESTLAKE RETAIL j ab �`®�d`® ASSOCIATES, LTD. INST.• 98-RO118649 R.P.R.D.C.T. I �t I CS K/r., ass Lake Parkway, LLC n /ns/.• 2016-64107 \ rn M I RP.R.D.C.T. cp � I v � 9 I I (J \k V- I o o i j TOI ES N56° 49'261-W I '• 9 4940 t 6.00' j `:?& 8 S to \ j o suRVE+ . Otting-er Road ...... .. - . to vorioble width right-of-way) P E LOTO N LAND SOLUTIONS 9800 HILL WOOD PARKWAY, SURE 250 FORTWORTH_4n vH . TEXATRix*»_ca _ Exhibit of a Pedestrian Access Easement Situated in the Jesse Sutton Survey, Abstract Number 1154, and the Richard Eads Survey, Abstract Number 393, Town of Westlake, Denton County, Texas. ACF 7549 JOB # HWA16013 IDRAWN BY: D. Freemon CHECKED BY: T. Bridges I DATE: 07-08-19 1 PAGE # 6 of 6 Denton County Juli Luke County Clerk Instrument Number: 94803 Real Property Recordings EASEMENT Recorded On: July 02, 2020 11:13 AM Number of Pages: 11 " Examined and Charged as Follows: " Total Recording: $66.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 94803 TOWN OF WESTLAKE Receipt Number: 20200702000369 1500 SOLANA BLVD. BUILDING 7 SUITE 7200 Recorded Date/Time: July 02, 2020 11:13 AM User: Chris P WESTLAKE TX 76262 Station: Station 42 STATE OF TEXAS rr SUN>� COUNTY OF DENTON I hereby certify that this Instrument was FILED In the File Number sequence on the date/time c printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas. Juli Luke County Clerk Denton County, TX