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Ord 788 Accepting a donation of land from Fidelity or a Fire Station or other municipal uses TOWN OF WESTLAKE ORDINANCE NO. 788 AN ORDINANCE ACCEPTING A DONATION OF LAND AT THE NORTHWEST CORNER OF FM 1938 AND DOVE ROAD, FOR A FIRE STATION AND OTHER MUNICIPAL USES, AUTHORIZING THE TOWN MANAGER TO SIGN ALL NECESSARY AGREEMENT AND DOCUMENTS, AUTHORZING ACQUISITION OF AND PAYMENT FOR TITLE INSURANCE, PROVIDING FOR OTHER MATTERS, PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, certain the Town of Westlake provides fire protection for its citizens WHEREAS,the Town of Westlake finds it in the interest of its citizens and the health, safety and welfare of the Town to accept a donation of property for municipal uses, including a fire station, and other municipal and beneficial uses; WHEREAS,the Town of Westlake is legally authorized to accept said donation; and WHEREAS, all legal prerequisites for the passage of this Ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the Town Charter; and WHEREAS,Town Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Donation Conveyance Agreement attached hereto as Exhibit 1 and incorporated herein is hereby approved and the Town Manager is authorized to execute said Agreement and all associated documents, and authorizing the acquisition of and payment for Title Insurance. SECTION 3: All rights and remedies of the Town of Westlake, Texas, are expressly saved as to any and all violations of the provisions of the prior ordinance sections which existed at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, the same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. Ordinance 788 Page 1 of 2 SECTION 4: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 22nd DAY OF AUGUST 2016. / , Laura Wheat, Mayor ATTEST: Kelly Edward , Town Secretary Thomas E. Bryme , T wn Manager APPROVED AS TO FORM: SOF WEST L. S nton Lowr , Town Attorney 7-E)(NS Ordinance 788 Page 2 of 2 TREE LINE — v / 980.72 / 15 UNDERGROUND UTILITY EASEMENT SURVEY LIMITS �II IA I II A I i 660 -----_---- BSC 10' WATER LINE EASEMENT D=24° 37' 49" / / I 25' 3211 R=1100.00' 167.77' 2T=24jL=4 ' Q 0Z � N66'09'58"W Lc=469.24' A \ VARIABLE WIDTH SLOPE EASEMENT 0 j 1 m LLJ � 5.03 ACRE TRACT DESCRIPTION \\ \\ 1 1 II I I� ', 1 1 / `� \ ; I / I U- Q BEING a 5.03 acre tract of land out of the Memucan Hunt Survey, Abstract \ No. 756, Tarrant County, Texas and also being a portion of Lot 1 , Fidelity Investments Addition, Phase 1 , an addition to the Town of Westlake, as S53° 51 031 recorded in Cabinet A, Slide 11041 , Plat Records, Tarrant County, Texas. Said 41.67 5.03 acre tract of land being more particularly described by metes and �\ \ l � � 1 II lI 1 I I 4=8° 51 52" bounds as follows: '9iQj �� �I \ �� `� 1 11 ' I� I� 'l II I / ;I;Ii Ili I R=1617.50' L=250.25' BEGINNNG at a point located at the intersection of the north right—of—way line O ��� v 11 I li II i I� �� ,/ /;; li I I I S4.00'24"W � �� ��A vA v I I I I �I �� Lc=250.00' of Dove Road (a variable width right—of—way) and the west right—of—way line �,y I \ \\\ \ \ ( I I i VISIBILITY EASEMENT III I of Davis Boulevard (a variable width right—of—way); �0 J A=26° 52 50 THENCE North 80'4353" West, following along the north right—of—way line of R=994.00 T=237.54' said Dove Road, a distance of 76.29 feet to a point, being the point of curvature of a tangent curve to the right, having a delta of 26°52'49"' a L=466.34 N67°17'28"W radius of 994.00 feet and a long chord of North 76'17'28" West, 462.07 feet; Lc=462.07 THENCE along said tangent curve and continuing along said north right—of—way line, an arc distance of 466.34 feet to a point; THENCE North 53°51 '03" West, continuing along said north right—of—way line, a distance of 41 .67 feet to a point, being the beginning of a tangent curve to N80° 43' 53"W POINT OF BEGINNING the left having a delta of 24°37'50", a radius of 1100.00 feet and a long 7629' chord of North 66°09'58" West, 469.24 feet; THENCE along said tangent curve and continuing along said north right—of—way line, an arc distance of 472.87 feet to a point; THENCE North 89°16'54" East, leaving said north right—of—way line, a distance of 980.72 feet to a point, being located in the west right—of—way line of said Davis Boulevard; THIS TOPOGRAPHIC SURVEY IS FROM OWNER PROVIDED INFORMATION AND DOES THENCE South 00°2532" East, following along said west right—of—way line, a NOT REPRESENT A PLATTED OR DEEDED TRACT AND IS NOT TO BE USED AS A distance of 167.77 feet to a point, being the point of curvature of a tangent BOUNDARY SURVEY. curve to the right, having a delta of 8'51 '52", a radius of 1617.50 feet and a long chord of South 04°00'24" West, 250.00 feet; "rnl THENCE along said tangent curve and continuing along said west right—of—way line, an arc distance of 250.25 feet to the POINT OF BEGINNING and CONTAINING 218,939 square feet or 5.03 acres of land more or less. GRAPHIC SCALE 1 "=50' LEGEND THE DESCRIPTION ABOVE IS FROM OWNER PROVIDED INFORMATION AND DOES NOT M . H . = MANHOLE 50 0 50 100 REPRESENT A PLATTED OR DEEDED TRACT. B/C = BACK OF CURB WV = WATER VALVE TOPOGRAPHIC SURVEY 0 C = IRRIGATION CONTROL VALVE 5.03 ACRE TRACT Q TELE = TELEPHONE FH = FIRE HYDRANT LOCATED IN THE WW TOWN OF WESTLAKE = ZI TARRANT COUNTY, TEXAS BENCHMARK CONTROL: TOWN OF WESTLAKE Graham Associatesjnc. C:)W N CONSULTING ENGINEERS & PLANNERS N g Ie o GPS M O N U M E N TAT O N 600 SIX FLAGS DRIVE,SUITE 500 °O � I ARLINGTON,TEXAS 76011 (817)640-8535 (=N w TBPE FIRM:F-11911TBPLS FIRM:101538-00 r Z � w DRAWN BY: GAI PROJECT NO. #### SHEET O lxl m N 0 'm ¢ N Ordinance 788 0 0 ,,, w DATE: 12/15/2015 SHEET 1 OF 1 JJ J = da- L. N I SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § COUNTY OF TARRANT § THAT FMR TEXAS I, LLC, a Delaware limited liability company ("Grantor"), for and in consideration of the furtherance of Grantor's and Grantee's charitable and civic purposes and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto TOWN OF WESTLAKE, a Type A General Law Municipality ("Grantee"), whose address is 1301 Solana Boulevard, Building 4, Suite 4202, Westlake, Texas 76262,Attn: Town Manager, and for the uses described herein, subject to the conditions and limitations set forth below, that certain tract of real property situated in Tarrant County, Texas and described in Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular the rights, privileges, hereditaments, and appurtenances pertaining to such real property, including any and all improvements and fixtures currently attached to and located thereon(collectively,the "PropertX"). There is hereby reserved for Grantor and Grantor's successors and assigns, all of Grantor's interest in the water, oil, gas and other minerals that are in and under the Property and that may be produced from it (all of which interests are excluded from the definition of - "Property"); provided, however, Grantor shall not have the right of ingress and egress over the surface of the Property for mining, drilling, exploring, operating, and developing such water, oil, gas and other minerals. Notwithstanding anything to the contrary, nothing herein shall be construed as preventing Grantor and Grantor's successors and assigns from developing or producing the water, oil, gas and other minerals in and under the Property by pooling or by directional or horizontal drilling under the Property from well sites located on tracts other than the Property or continuing or entering into any oil, gas and mineral leases covering the Property. This conveyance is being made by Grantor and accepted by Grantee subject to all easements,restrictions, rights,reservations, encumbrances, and other matters of record in Tarrant County, Texas (the "Permitted Exceptions'), as well as the additional conditions and limitations described in Exhibit "B", attached hereto and made a part hereof for all purposes (the "Use Restrictions"). TO HAVE AND TO HOLD the Property, together with, all and singular, the rights and appurtenances thereto in anywise belonging to Grantee and Grantee's successors and assigns forever, subject to the Permitted Exceptions and Use Restrictions; and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend, all and singular, the Property unto the Grantee and Grantee's 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, subject to the Permitted Exceptions and the Use Restrictions. Ad valorem taxes with respect to the Property for the current year have been prorated as of the date hereof. Grantee acknowledges that, except for the special warranty of title contained in this Special Warranty Deed, neither Grantor nor its representatives have made any representations or warranties as to the Property or its environmental or physical condition, upon which Grantee has relied. Grantee further acknowledges and agrees that (1) GRANTEE RELEASES GRANTOR FROM CLAIMS BASED ON SELLER'S NEGLIGENCE AND CLAIMS BASED ON STRICT LIABILITY, AND (2) GRANTOR HAS NOT MADE, DOES NOT MAKE AND EXPRESSLY DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES, EXPRESSED OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE AFFIRMS THAT IT (1) HAS INVESTIGATED AND INSPECTED THE PROPERTY TO ITS SATISFACTION AND IS FAMILIAR AND IS SATISFIED WITH THE CONDITION OF THE PROPERTY,AND (2) HAS MADE ITS OWN DETERMINATION AS TO (i) THE MERCHANTABILITY, QUANTITY, QUALITY AND CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE POSSIBLE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL CONTAMINANTS, AND (ii) THE PROPERTY'S SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS," INCLUDING ENVIRONMENTAL, BASIS AND ACKNOWLEDGES THAT (1) WITHOUT THIS ACCEPTANCE, THIS CONVEYANCE WOULD NOT BE MADE, AND (2) THAT GRANTOR SHALL BE UNDER NO OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIR, ALTERATION, REMEDIATION OR OTHER WORK OF ANY KIND WITH RESPECT TO ANY PORTION OF THE PROPERTY. GRANTEE AND ITS SUCCESSORS AND ASSIGNS HAVE, AND SHALL BE DEEMED TO HAVE ASSUMED ALL RISK AND LIABILITY WITH RESPECT TO THE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL CONTAMINANTS ON, WITHIN OR UNDER THE SURFACE OF THE PROPERTY, WHETHER KNOWN OR UNKNOWN, APPARENT OR NON-APPARENT OR LATENT, AND WHETHER EXISTING PRIOR TO, AT OR SUBSEQUENT TO, TRANSFER OF THE PROPERTY TO GRANTEE. GRANTOR IS HEREBY RELEASED BY GRANTEE AND ITS SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL RESPONSIBILITY, LIABILITY, OBLIGATIONS AND CLAIMS, KNOWN OR UNKNOWN, INCLUDING, WITHOUT LIMITATION (1) ANY OBLIGATION TO TAKE THE PROPERTY BACK OR REDUCE THE PRICE, OR(2) ACTIONS FOR CONTRIBUTION OR INDEMNITY, THAT GRANTEE OR ITS SUCCESSORS AND ASSIGNS MAY HAVE AGAINST GRANTOR OR THAT MAY ARISE IN THE FUTURE BASED IN WHOLE OR IN PART UPON THE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL I li CONTAMINANTS ON, WITHIN OR UNDER THE SURFACE OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL RESPONSIBILITY, LIABILITY, OBLIGATIONS AND CLAIMS THAT MAY ARISE UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LABILITY ACT, AS AMENDED 42 U.S.C. § 9601 ET SEQ. GRANTEE FURTHER ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY EXPLAINED TO GRANTEE AND THAT GRANTEE FULLY UNDERSTANDS AND ACCEPTS THE SAME. Grantor and Grantee agree that the Use Restrictions shall run with the Property and inure to the benefit of Grantor and Grantor's successors and assigns, subject to the terms and limitations set forth herein. Upon any breach of the Use Restrictions, and if such breach has remained uncured after Grantor has provided Grantee not less than ninety (90) days' notice of the specific nature of the breach, Grantor or Grantor's successors or assigns shall have the right to obtain injunctive relief or specific performance to restrain such breach or enforce the Use Restrictions, in addition to any other remedy available at law or in equity. The exercise of a remedy shall be exclusive of any other remedy for the same breach. Time is of the essence in the correction or cure of any breach of the Use Restrictions. [Signature pages begin on the following page.] EXECUTED to be effective the day of October, 2016 (the "Effective Date"). GRANTOR: FMR TEXAS I,LLC, a Delaware limited liability company p Y By: Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, its sole member By: Name: licia B. Sundbeig Title: President COMMONWEALTH OF MASSACHUSETTS § COUNTY OF SUFFOLK § BEFORE ME, the undersigned on this day personally appeared Alicia B. Sundberg, President and attested that she is authorized to sign on behalf of Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, in its capacity as sole member of FMR Texas I, LLC, a Delaware limited liability company, on behalf of said limited liability company. Alicia B. Sundberg proved to me through the presentation of a valid form of identification to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this s� day of October, 2016. NOTAVY OF PUBLIC, Commonwealth of Massachusetts My Commission Expires: ROBIN J.GOTSHALL NOTARY PUBLIC COMMONWEA TH OF MASSACHUSETTS MY COMMISSI N IXPIRES 1013012020 I I AGREED TO THIS day of October, 2016. TOWN OF WESTLAKE, TEXAS By: Name: Thomas Brymer Title: Town Manager ATTEST: By: 4'uau &� Name: Ke ly Edwards Title: Town Secretary FORM APPROVED BY: ,Town Attorney STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the Zeday of October,2016,by Thomas Brymer, Town Manager of the Town of Westlake, a Type A General Law Municipality, on behalf of the Town. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ?Jiqay of October, 2016. My Commission Expires: WEDEDWARDSary PublicE OF TEXASD ri F2 Y aleems• NOT RY O BLIC, State of Texas My Commission Expires: r �3 ) 1B i EXHIBIT "A" LEGAL DESCRIPTION 5.03 ACRE TRACT DESCRIPTION BEING a 5.03 acre tract of land out of the Memucan Hunt Survey,Abstract No.756,Tarrant County,Texas and also being a portion of Lot 1,Fidelity Investments Addition,Phase 1,an addition to the Town of Westlake,as recorded in Cabinet A,Slide 11041, Plat Records,Tarrant County,Texas.Said 5.03 acre tract of land being more particularly described by metes and bounds as follows: BEGINNNG at a point located at the intersection of the north right-of-way line of Dove Road (a variable width right-of-way)and the west right-of-way line of Davis Boulevard(a variable width right-of-way); THENCE North 80`43'53"West,following along the north right-of-way line of said Dove Road, a distance of 76.29 feet to a point, being the point of curvature of a tangent curve to the right, having a delta of 26'52'49",a radius of 994.00 feet and a long chord of North 76'17'28"West, 462.07 feet; THENCE along said tangent curve and continuing along said north right-of-way line,an arc distance of 466.34 feet to a point; THENCE North 53"51'03"West,continuing along said north right-of-way line,a distance of 41.67 feet to a point, being the beginning of a tangent curve to the left having a delta of 24"37'50"',a radius of 1100.00 feet and a long chord of North 66"09'58"'West,469.24 feet; THENCE along said tangent curve and continuing along said north right-of-way line,an arc distance of 472.87 feet to a point; THENCE North 89"16'54" East, leaving said north right-of-way line,a distance of 980.72 feet to a point, being located in the west right-of-way line of said Davis Boulevard; THENCE South 00'25'32" East,following along said west right-of-way line,a distance of 167.77 feet to a point,being the point of curvature of a tangent curve to the right, having a delta of 8'51'52",a radius of 1617.50 feet and a long chord of South 04'00'24"West,250.00 feet; THENCE along said tangent curve and continuing along said west right-of-way line,an arc distance of 250.25 feet to the POINT OF BEGINNING and CONTAINING 218,939 square feet or 5.03 acres of land more or less. 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Westlake,Tma.brad 02/88/20D,.nmrdM in Vaume.,,14713, 200. �Rop.rty Remora TanmB cmnry,rem..Dem aReax_.p.pmperpr® z oima aea.o a oxo Imd.vad and moa Rand ALTA/NSPS LAND TITLE SURVEY a i ZminB u'Pe2 PV M pEiEI.OPYENf R Emanam 9rmbm"R/T­Uli-Pa Tp m ur Teen a BEING PORTION OR LOT 1, Weetlola,Team.Bbtl 0 earned in Vaww 14>13,Pe9e 31J. 4. emu m bmrba Y qe Naeln Amaamn BPWn a 1983(IUD-83)9mb FIDELITY INWSRMSNTS ADDITION, Raal Pm my Rama,I.—.Ceumy,Tema Dae rot affect mgaa Pma Caamiro9e Syebm.Tem xpM,Cenbal Zaa a dvMed form BPS AE RECORDm IN CA 3H=A.SLIDE 11040, SITE d DaadY a0o a PUT RECORDS,TARRANT COUNTY.TERAS, q k Emmm�[Bramea by Frrte Tmoa I.LLG.b ma Tmn ee WmOalm.Nvl 1 eb admiam rm eneerved. MBMUCAN Hum SURREY, d °/23/2]09.raeaNed fi mWTD9281894.Rml Pmpaeb Rar,9,Torrent 8.TM dmnmad ilm%G of bi 5.°i ee=&--. boat mpeeem[tlm diad�mBm a BrUFIBC SGIE 1•aA°• ABSTRACf Np.]65 la Cau�ax,Tema Dam at effect aubtect property. 0tls nd.Smrq antl do at'mp—am eubdamim a land ' rlm�o�mnq a/m wo0 9 1—rte ana.n m 0-�ad.a TOWN OF LINTY, EX in=A e+litle Nw.Plat Recaaa.Tmmnt maAy.Tmae: ].xa mldam a eu^am em0"n°a^9'"°at b"Y'^9°av1^'aIu'°r w'Bdin9 5D D W 1DD TARRANT COUNTY,TEXAS rS'wtlarvmme uLTd>eaamlmk add8an' ®row°..a�°m Associ°tes,lnc. vl'umlll bb5olglmo�e mk 8.lbewed a ariaanm el eib ua a a gelid amb tl N aumv m SU�nmw mgx .k Pl�NFPS 100'hoot yma adk bock 5a. amAmy mMal. rmo-a® 0aea axea vubject pmpay m ebem. _ m cAl a 880-1002 VICINITY MAP (wi ro Jn+TI EXHIBIT "B" USE RESTRICTIONS/DEVELOPMENT STANDARDS Grantor intends for the Property conveyed pursuant to the Special Warranty Deed to which this Exhibit "B" is attached and made a part (the "Deed") to be used and developed in accordance with the provisions set forth herein, and Grantor hereby declares that the Property shall be, and the Property is hereby sold and conveyed, subject to the covenants and restrictions set forth in this Exhibit "B" (the "Use Restrictions") which shall run with the land and be binding on Grantee (also referred to herein as the "Town") and all parties having or acquiring any right, title or interest in the Property or any part thereof, and which shall inure to the benefit of Grantor and its assignees. Grantor would not have conveyed the Property to Grantee but for Grantee's agreement to acquire the Property subject to the Use Restrictions. 1. PERMITTED USE. The Property shall be used solely for municipal public uses, which shall include, but not be limited to, fire station, police station, public park or other public municipal uses (collectively, the "Permitted Use"). The Permitted Use may be amended in accordance with Paragraph 8 (Amendment)below. 2. PROHIBITED USES. The following uses are prohibited on the Property either as part of the Permitted use or otherwise. a. overnight parking of campers, mobile homes, boats or motor homes; b. the smelting of iron,tin, zinc, or other ore; C. sanitary landfill; d. all sexually-oriented businesses such as, including but not limited to; x-rated movie or video sales, theater or rental facility, nude modeling studio, massage parlor, lounge, or club featuring nude or semi-nude entertainers or escort service; e. slaughterhouse or feedlot; f. the raising or breeding or keeping of animals or poultry except in connection with charter school activities; g. drive-in or other type of movie theater; h. mineral refining facility or operations; and i. horse or dog racing track or any facility for off-track pari-mutual betting. 3. DEVELOPMENT RESTRICTIONS. Unless otherwise approved by Grantor, all development of the Property and all buildings and improvements constructed in connection with such development shall be in accordance with I I the Westlake Unified Development Code as it existed on the Effective Date of the Deed to which this Exhibit "B" is attached, and the Westlake Building Codes as they existed on the Effective Date of the Deed to which this Exhibit "B" is attached. Notwithstanding anything to the contrary, the adoption by Grantee of a rezoning ordinance to permit the use of Property for the purposes allowed by such rezoning, shall not be a violation of these development restrictions provided that, as between such zoning ordinance and these Use Restrictions,the terms of Paragraph 7 "Interpretation" shall apply. 4. FIRE PROTECTION. All buildings shall be designed, constructed and maintained so as to comply fully at all times with any applicable public codes, ordinances, rules and regulations and order relating to fire protection. All such buildings and their associated ingress and egress from and to streets and surface parking areas shall be so related to one another and arranged as to permit ease of access for emergency fire vehicles. 5. TRASH AND GARBAGE. No building site, or part thereof, shall be used or maintained as a dumping ground for rubbish, trash or garbage before, during or after the installation of any improvements. Trash collection containers shall be situated and enclosed or otherwise screened as required by the Town. 6. FUEL FACILITIES. Fuel storage and dispensing facilities may be installed on the Property solely as an adjunct to the use specified in item 1 above; provided, however, that any and all laws, statutes, ordinances, rules, regulations, orders, or determinations of any governmental authority, whether federal, state, county, city, or otherwise, pertaining to health, safety, or the environment in effect in any and all jurisdictions in which the Property is located, including without limitation, (i) the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et sec ), as amended from time to time including without limitation as amended by the Used Oil Recycling Act of 1980, the Solid Waste Disposal Act Amendments of 1980, and the Hazardous and Solid Waste Amendments of 1984 ("RCRA"), and regulations promulgated thereunder, (ii)the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. § 9601 et SeMc.), as amended from time to time, including without limitation as amended by the Superfund Amendments and Reauthorization Act of 1986 ("CERCLA'), and regulations promulgated thereunder, (iii) the Toxic Substances Control Act (15 U.S.C. § 2601 et seg.), as amended from time to time, (iv)the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et SeMc.), as amended from time to time ("ADA"), and all regulations and guidelines promulgated pursuant to the ADA, and all other similar laws, including without limitation the Architectural Barriers Act of 1968, the Texas Architectural Barriers Statute of 1978, and the Fair Housing Amendments Act of 1988, and all as amended from time to time and including all regulations promulgated pursuant to any one or more of them, (v) the Endangered Species Act (15 U.S.C. § 1531 et sec ), as amended from time to time, (vi)laws, statutes, ordinances, rules, regulations, orders, or determinations relating to "wetlands", including without limitation those set forth in the Clean Water Act (33 U.S.C. § 1251 et seq.), as amended from time to time; (vii)the Texas Water Code, as amended from time to time, (viii)the Texas Solid Waste Disposal Act (Tex. Health & Safety Code Ann. §§ 361.001-361.345), as amended from time to time, and all restrictive covenants existing of record and all rules and requirements of any existing association or improvement district affecting the Property shall be complied with. 7. INTERPRETATION. These Use Restrictions shall be given full force and effect notwithstanding the existence of any zoning ordinance or building codes that are less restrictive. In the event a conflict exists between these Use Restrictions and any applicable governmental requirement, the most restrictive requirement shall prevail. The Use Restrictions shall be construed under and in accordance with the laws of the State of Texas. Invalidation of any one or more of the provisions hereof, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or covenants herein contained which shall remain in full force and effect. 8. AMENDMENT. These Use Restrictions may be amended or terminated only by written document, recorded in the Real. Property Records of Tarrant County, Texas, executed by Grantor (or assigns) and the then owner of that portion of the Property to which such amendment is applicable. 9. ASSIGNMENT. Grantor may freely assign its rights hereunder in whole or in part by recording such assignment in the Real Property Records of Tarrant County, Texas. Each transferee of a portion of the Property shall assume the liabilities of Grantee with respect to that portion of the Property so acquired. 10.INVALIDITY. If any clause or provision of this Deed is illegal, invalid, or unenforceable under present or future laws effective during the term of this Deed, then and in that event it is the intention of the parties hereto that the remainder of this Deed shall not be affected thereby, and it is also the intention of the parties that in lieu of each clause or provision of this Deed that is illegal, invalid, or unenforceable, there be added as part of this Deed a clause or provision as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable. 11. TERMINATION. Unless earlier terminated as provided herein, the rights granted under this Exhibit"B" shall terminate and shall be of no further force and effect after fifty(50) years of the date hereof. r I i Donation Agreement This Donation Agreement (this "Agreement") is made and entered into by and between the Town of Westlake, Texas (the "Town") and FMR Texas I, LLC, a Delaware limited liability company(the "Donor"). "Parties"shall mean both the Town and the Donor. ARTICLE I Defined Terms A. "Closing" means the consummation of the transfer of title of the Property from the Donor to Town in accordance with the terms and provisions of this Agreement. B. "Closing Date" means the date specified in Section 5.1 on which the Closing will be held. C. "Effective Date" means the date the last Party to the Agreement has executed the Agreement. D. "Property" means that certain tract of real property situated in Tarrant County, Texas and described in Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular the rights, privileges, hereditaments, and appurtenances pertaining to such real property, including any and all improvements and fixtures currently attached to and located thereon. E. "Title Company" means Republic Title of Texas, Inc., acting by and through its agent, Grace M. Paris. ARTICLE II Agreement to Donate and Right of First Refusal The Donor is a property owner desiring to donate property described herein to the Town of Westlake for no benefit or gain to the Donor, and is not subject to any Town oversight. The Town wishes to accept the donation of property and the Donor must execute this donation agreement. The Donor intends that this donation will qualify for a charitable donation deduction under applicable provisions of the Internal Revenue Code. The Town agrees to cooperate with the Donor in order to effectuate the qualification of this transaction as a charitable donation to the extent permitted under applicable provisions of the Internal Revenue Code. Upon the terms and conditions contained in this Agreement, Donor agrees to donate the Property to the Town in the form of deed attached hereto as Exhibit"B" and incorporated for all purposes. The Donor, being fully informed of its right to receive just compensation for the Property, agrees to donate the Property to the Town. The Town certifies that its acceptance of the Property will further the Town's abilities to provide for the health, safety and welfare of the Town and its citizens, businesses and visitors. If, after the Property is donated to Town, Town should at any time decide to sell all or any portion of the Property or any interest therein or the improvements located thereon (referred to as the"Offered Property"),the Donor shall have the right and option,but not the obligation, to Page 1 of 10 Ordinance 788 16789766v.4 j purchase (the term"purchase" shall include a purchase or other acquisition)the Property. Town shall provide the Donor with written notice which shall include a description of the Offered Property, and a description of all material terms and conditions of the proposed disposition (including, without limitation, the price and closing date) and offer to consummate such disposition with the Donor upon the same material terms and conditions as set forth in the written notice. The Donor shall have thirty calendar (30) days (the "Response Period") following receipt of the written notice, at the Donor expense and in coordination with Town, to inspect the property and to enter onto and conduct tests,provided such inspections or tests do not damage the property or improvements. If the Donor does not notify the Town in writing of its intention to purchase the property before or on the 30a' day after such notice was received, Town may proceed to sell property in accordance with Texas laws. If the Donor does notify Town in writing of its intention to purchase the property, the purchase must be completed within ninety (90) days. If the purchase is not completed within ninety (90) days, unless an extension of time is granted by the Town,the Donor will be deemed to have elected not to purchase the property, and the Town may proceed to sell the property in accordance with Texas laws. !I ARTICLE III Value This property is being donated to the Town for municipal uses, which shall include, but not be limited to, fire station or other public municipal uses. The Town acknowledges that the Donor is providing the Property to the Town as a donation for these uses. The value as determined by Joseph J. Blake and Associates, Inc. of Dallas, Texas, a qualified appraiser familiar with the Dallas-Fort Worth area, including Westlake, Texas, is one million, seven hundred fifty thousand dollars ($1,750,000.00). The Town and the Donor agree, to the best of their knowledge,that this value represents the fair market value of the Property and is an amount which the Donor knowingly and willing agrees to contribute in furtherance of the Donor's charitable and civic purposes. ARTICLE IV Representations and Warranties A. The Donor represents and warrants that it has fee ownership and use of the Property and that by signing the Deed it is forever relinquishing and transferring all rights and interest in and to the Property to the Town, subject to the terms and provisions of this Agreement and the Deed. B. The Donor and Town each acknowledge that there is no official relationship between the Donor and the Town. C. The Town represents that acceptance of the donation will provide a significant public benefit and such acceptance does not influence or appear to influence the Town in the performance of its duties. D. The Donor acknowledges that the Town's acceptance of the donation does not bind the Town to a course of action or promise of performance. Donor and Town state that this Page 2 of 10 Ordinance 788 16789766v.4 Agreement and the Deed constitute the only promises, consideration and conditions of this conveyance, and no other promises, consideration or conditions have been signified or implied. E. The Town neither approves nor is responsible for any representations made by the Donor for tax purposes. F. The Donor acknowledges that the Town will act in reliance of and in consideration of the promises made by the Donor in this Agreement, and the Town acknowledges that the Donor will act in reliance of and in consideration of the promises made by the Town in this Agreement. G. The Donor acknowledges that this Agreement is public information and will be furnished to a requestor pursuant to Chapter 552 of the Texas Government Code. H. The Town, without cost to the Donor, shall pay the cost of recording all instruments conveying title to the Town. ARTICLE V Closing 5.1. Date and Place of Closing. The Closing shall take place in the office of the Title Company. The Closing Date shall be at a time agreed upon between the Donor and the Town. 5.2. Items to be delivered at the Closing. 5.2.1 At Closing,the Donor shall deliver the Town: 5.2.1.1 A deed in the form attached hereto as Exhibit `B," duly executed and acknowledged by Donor, subject only to the permitted exceptions, which shall include,but are not limited to,the following: 5.2.1.2 General real estate taxes and assessments for the year of closing and subsequent years,which shall be prorated as of the Closing Date; 5.2.1.3 A reservation by Donor of all of its mineral interest in the Property, but with all rights to use the surface of the Property for mineral exploration or production purposes waived; 5.2.1.4 Possession. Possession of the Property shall be delivered to Town at Closing; and 5.2.1.5 Any other documents reasonably required by the Title Company. 5.2.2 At the Closing, the Town shall deliver to the Donor the following items: Page 3 of 10 Ordinance 788 16789766v.4 L . I 5.2.2.1 The Town will within thirty (30) days after request by the Donor, execute and deliver to Grantor an I.R.S. Form 8283 evidencing the charitable gift of the Property and its FMV, if any, as determined by a third-party independent appraisal of the Property prepared by a registered Texas appraiser obtained by the Donor; and, the Town will execute and deliver to the Donor, on request, such other and further documents and instruments as may be necessary or convenient for the Donor in connection with the charitable donation described herein, including,but not limited to, a letter of acceptance of the donation. 5.2.2.2 Except for costs expressly attributed to one party by the terms of this Agreement, the Town shall pay the closing costs, with each party separately responsible for its own legal fees associated with Closing; and 5.2.2.3 Any other documents reasonably required by the Title Company. ARTICLE VI Miscellaneous 6.1. References. All references to "Article," "Section," or "Sections" are, unless specifically indicated otherwise, references to Articles and Sections of this Agreement. 6.2. Exhibits. All references to an"Exhibit" are references to exhibits attached to this Agreement, if any, all of which are made a part hereof for all purposes. The exhibits hereto are: Exhibit"A" Legal Description of Property Exhibit"B" Form of Deed 6.3. Captions. The captions, headings, and arrangements used in this Agreement are for convenience only and do not in any way affect, limit, amplify, or modify the terms and provisions hereof. 6.4. Number and Gender of Words. When, in this Agreement, the singular number is used, the same shall include the plural where appropriate, and words of any gender shall include each other gender where appropriate. 6.5. Notices. All notices, requests, and demands to be made hereunder to the parties hereto shall be in writing (at the addresses set forth above) and shall be given by any of the following means: (a)personal delivery(including, without limitation, overnight delivery, courier, or messenger services), which shall be deemed received upon such personal delivery; (b) fax (if printed confirmation of successful transmission thereof is obtained from the sender's fax machine and the same is confirmed telephonically by the sender), which shall be deemed received on the day the fax is sent; (c) registered or certified, first-class United States mail, postage prepaid, return receipt requested, which shall be deemed received upon receipt or refusal of delivery; or (d) by .PDF electronic delivery, which shall be deemed received upon sender's receipt of a "Delivery Receipt" email notification. Notice from (but not to) a party's counsel shall be deemed to be notice by such party. Such addresses may be changed by fifteen (15) days' notice to the other parties given in the same manner as provided above. Page 4 of 10 Ordinance 788 16789766x.4 I i If to Donor: Robin J. Gotshall Associate General Counsel Fidelity Investments 200 Seaport Boulevard—Z 1 L Boston MA 02210 Tel: (617) 563-3915 Cell: (617) 593-9384 robin.gotshall@fmr.com Copy to: Myron Dornic (which shall not Jackson Walker L.L.P. constitute notice) 2323 Ross Avenue, Suite 600 Dallas, TX 75201 214-953-5946 Myron Dornic mdornic@jw.com If to Town: Town Manager 1301 Solana Blvd. Building 4, Suite 4202 Westlake, Texas 76262 Telephone: 817-430-0941 �= Fax: 817-430-1812 Email: tbrymer@westlake-tx.org _ Copy to: L. Stanton Lowry (which shall not Boyle&Lowry, L.L.P. constitute notice) 4201 Wingren Drive, Suite 108 Irving, Texas 75062 972-650-7100 Fax: 972-650-7105 6.6. Governing Law. This Agreement is executed, delivered and is intended to be performed in Tarrant county and the laws of the State of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. Proper and exclusive venue for any action arising under or relating to the Agreement shall be in state district court in Tarrant County,Texas. 6.7. Entirety and Amendments. This writing embodies the entire Agreement between the parties and supersedes all prior oral and written agreements and understandings, if any, relating to the Property, and may be amended or supplemented only by an instrument in writing executed by the party against whom enforcement is sought. 6.8. Invalid Provisions. If any provision of this Agreement, except the provisions relating to Donor's agreement to convey the Property, the invalidity of which shall cause this Agreement to be null and void, is held to be illegal, invalid, or unenforceable under present or future laws, then such provision shall be fully severable; this Agreement shall be construed and Page 5 of 10 Ordinance 788 16789766v.4 ! enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement. 6.9. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts. If so executed, each of such counterparts shall be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one (1) Agreement, but, in making proof of this Agreement, it shall not be necessary to produce or account for more than one (1) such counterpart. 6.10. Parties Bound. This Agreement shall be binding upon and inure to the benefit of Donor and Town, and their respective heirs, personal representatives, successors, and permitted assigns. Upon execution of this Agreement by an authorized officer of Donor and Town, this document shall become a binding Agreement. 6.11. No Merger. The covenants, agreements, provisions, warranties and representations contained in this Agreement shall not merge with the closing documents, but shall survive such closing. ARTICLE VII Notice Required by Law Notice Regarding Possible Liability for Additional Taxes. If for the current ad valorem tax year the taxable value of the land that is the subject of this contract is determined by a special appraisal method that allows for appraisal of the land at less than its market value, the person to whom the land is transferred may not be allowed to qualify the land for that special appraisal in a subsequent tax year and the land may then be appraised at its full market value. In addition, the transfer of the land or a subsequent change in the use of the land may result in the imposition of an additional tax plus interest as a penalty for the transfer or the change in the use of the land. The taxable value of the land and the applicable method of appraisal for the current tax year is public information and may be obtained from the tax appraisal district established for the county in which the land is located. ARTICLE VIII Brokerage Commission 8.1. Brokers Identified. Donor and Town hereby represent and warrant to the other that neither has contacted any real estate broker, finder or other party in connection with this transaction, to whom any real estate brokerage, finders, or other fees may be due or payable with respect to the transaction contemplated by this Agreement. Page 6 of 10 Ordinance 788 16789766v.4 I- THIS AGREEMENT RAISES LEGAL ISSUES THAT TOWN MAY CHOOSE TO HAVE REVIEWED BY AN ATTORNEY. IN WITNESS WHEREOF, Donor and Town have executed this Agreement as of the Effective Date. TOWN OF WESTLAKE By: Name: Tom B r m Y Title: Town Manager Date executed: OctoberA•�, 2016 ATTEST: FORM APPROVED BY: M� By: e: K lly Ed rds Name: Title: Town Secretary Town Attorney OF �(rF s9 m [Signatures Continue on Next Page] TEXAS Page 7 of 10 16789766v.4 i= 11= I� IN WITNESS WHEREOF, Donor and Town have executed this Agreement as of the Effective Date. FMR TEXAS I,LLC, a Delaware limited liability company By: Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, its sole member By: Name: Alicia B. Sundberg Title: President Date executed: October ,�, , 2016 [Signature Pages End] Page 8 of 10 16789766v.4 iv-_ Exhibit"A" Legal Description of Property 5.03 ACRE TRACT DESCRIPTION BEING a 5.03 acre tract of land out of the Memucan Hunt Survey,Abstract No. 756, Tarrant County, Texas and also being a portion of Lot 1,Fidelity Investments Addition, Phase 1, an addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County, Texas. Said 5.03 acre tract of land being more particularly described by metes and bounds as follows: BEGINNNG at a point located at the intersection of the north right-of-way line of Dove Road(a variable width right-of-way) and the west right-of-way line of Davis Boulevard(a variable width right-of-way); THENCE North 80°43'53"West,following along the north right-of-way line of said Dove Road, a distance of 76.29 feet to a point,being the point of curvature of a tangent curve to the right, having a delta of 26°52'49", a radius of 994.00 feet and a long chord of North 76°17'28" West, 462.07 feet; THENCE along said tangent curve and continuing along said north right-of-way line, an are distance of 466.34 feet to a point; THENCE North 53°51'03"West, continuing along said north right-of-way line, a distance of 41.67 feet to a point, being the beginning of a tangent curve to the left having a delta of 24°37'50", a radius of 1100.00 feet and a long chord of North 66°09'58"West,469.24 feet; THENCE along said tangent curve and continuing along said north right-of-way line, an arc distance of 472.87 feet to a point; THENCE North 89°16'54"East, leaving said north right-of-way line, a distance of 980.72 feet to a point, being located in the west right-of-way line of said Davis Boulevard; THENCE South 00°25'32"East, following along said west right-of-way line, a distance of 167.77 feet to a point, being the point of curvature of a tangent curve to the right,having a delta of 8°51'52", a radius of 1617.50 feet and a long chord of South 04°00'24" West, 250.00 feet; THENCE along said tangent curve and continuing along said west right-of-way line, an arc distance of 250.25 feet to the POINT OF BEGINNING and CONTAINING 218,939 square feet or 5.03 acres of land more or less. Page 9 of 10 16789766v.4 � I Exhibit"B" Form of Special Warranty Deed Page 10 of 10 16789766v.4 i SPECIAL WARRANTY DEED NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS § COUNTY OF TARRANT § THAT FMR TEXAS I, LLC, a Delaware limited liability company ("Grantor"), for and in consideration of the furtherance of Grantor's and Grantee's charitable and civic purposes and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto TOWN OF WESTLAKE, a Type A General Law Municipality ("Grantee'), whose address is 1301 Solana Boulevard, Building 4, Suite 4202, Westlake, Texas 76262,Attn: Town Manager, and for the uses described herein, subject to the conditions and limitations set forth below, that certain tract of real property situated in Tarrant County, Texas and described in Exhibit "A" attached hereto and made a part hereof for all purposes, together with all and singular the rights, privileges, hereditaments, and appurtenances pertaining to such real property, including any and all improvements and fixtures currently attached to and located thereon(collectively,the"Property"). There is hereby reserved for Grantor and Grantor's successors and assigns, all of Grantor's interest in the water, oil, gas and other minerals that are in and under the Property and that may be produced from it (all of which interests are excluded from the definition of "Pro e "); provided, however, Grantor shall not have the right of ingress and egress over the surface of the Property for mining, drilling, exploring, operating, and developing such water, oil, gas and other minerals. Notwithstanding anything to the contrary, nothing herein shall be construed as preventing Grantor and Grantor's successors and assigns from developing or producing the water, oil, gas and other minerals in and under the Property by pooling or by directional or horizontal drilling under the Property from well sites located on tracts other than the Property or continuing or entering into any oil, gas and mineral leases covering the Property. This conveyance is being made by Grantor and accepted by Grantee subject to all easements, restrictions,rights,reservations, encumbrances, and other matters of record in Tarrant County, Texas (the "Permitted Exceptions"), as well as the additional conditions and limitations described in Exhibit `B", attached hereto and made a part hereof for all purposes (the "Use Restrictions"). TO HAVE AND TO HOLD the Property, together with, all and singular, the rights and appurtenances thereto in anywise belonging to Grantee and Grantee's successors and assigns forever, subject to the Permitted Exceptions and Use Restrictions; and Grantor does hereby bind Grantor and Grantor's successors and assigns to warrant and forever defend, all and singular, the i f_ Property unto the Grantee and Grantee's 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, subject to the Permitted Exceptions and the Use Restrictions. Ad valorem taxes with respect to the Property for the current year have been prorated as of the date hereof. Grantee acknowledges that, except for the special warranty of title contained in this Special Warranty Deed, neither Grantor nor its representatives have made any representations or warranties as to the Property or its environmental or physical condition, upon which Grantee has relied. Grantee further acknowledges and agrees that (1) GRANTEE RELEASES GRANTOR FROM CLAIMS BASED ON SELLER'S NEGLIGENCE AND CLAIMS BASED ON STRICT LIABILITY, AND (2) GRANTOR HAS NOT MADE, DOES NOT MAKE AND EXPRESSLY DISCLAIMS, ANY WARRANTIES, REPRESENTATIONS, COVENANTS OR GUARANTEES, EXPRESSED OR IMPLIED, OR ARISING BY OPERATION OF LAW, AS TO THE MERCHANTABILITY, HABITABILITY, QUANTITY, QUALITY OR ENVIRONMENTAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE AFFIRMS THAT IT(1) HAS INVESTIGATED AND INSPECTED THE PROPERTY TO ITS SATISFACTION AND IS FAMILIAR AND IS SATISFIED WITH THE CONDITION OF THE PROPERTY, AND (2) HAS MADE ITS OWN DETERMINATION AS TO (i) THE MERCHANTABILITY, QUANTITY, QUALITY AND CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE POSSIBLE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL CONTAMINANTS, AND (ii) THE PROPERTY'S SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT CONDITION ON AN "AS IS," "WHERE IS" AND "WITH ALL FAULTS," INCLUDING ENVIRONMENTAL, BASIS AND ACKNOWLEDGES THAT (1) WITHOUT THIS ACCEPTANCE, THIS CONVEYANCE WOULD NOT BE MADE, AND (2) THAT GRANTOR SHALL BE UNDER NO OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIR, ALTERATION, REMEDIATION OR OTHER WORK OF ANY KIND WITH RESPECT TO ANY PORTION OF THE PROPERTY.. GRANTEE AND ITS SUCCESSORS AND ASSIGNS HAVE, AND SHALL BE DEEMED TO HAVE ASSUMED ALL RISK AND LIABILITY WITH RESPECT TO THE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES,_ MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL CONTAMINANTS ON, WITHIN OR UNDER THE SURFACE OF THE PROPERTY, WHETHER KNOWN OR UNKNOWN, APPARENT OR NON-APPARENT OR LATENT, AND WHETHER EXISTING PRIOR TO, AT OR SUBSEQUENT TO, TRANSFER OF THE PROPERTY TO GRANTEE. GRANTOR IS HEREBY RELEASED BY,GRANTEE AND ITS SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL RESPONSIBILITY, LIABILITY, OBLIGATIONS AND CLAIMS, KNOWN OR UNKNOWN, INCLUDING, WITHOUT LIMITATION (1) ANY OBLIGATION TO TAKE THE PROPERTY BACK OR REDUCE THE PRICE, OR(2) ACTIONS FOR CONTRIBUTION OR INDEMNITY, THAT GRANTEE OR ITS SUCCESSORS AND ASSIGNS MAY HAVE AGAINST GRANTOR OR THAT MAY ARISE IN THE FUTURE BASED IN WHOLE OR IN PART UPON THE PRESENCE OF TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS OR WASTES OR OTHER ACTUAL OR POTENTIAL ENVIRONMENTAL r 1 i CONTAMINANTS ON, WITHIN OR UNDER THE SURFACE OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL RESPONSIBILITY, LIABILITY, OBLIGATIONS AND CLAIMS THAT MAY ARISE UNDER THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LABILITY ACT, AS AMENDED 42 U.S.C. § 9601 ET SEQ. GRANTEE FURTHER ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY EXPLAINED TO GRANTEE AND THAT GRANTEE FULLY UNDERSTANDS AND ACCEPTS THE SAME. Grantor and Grantee agree that the Use Restrictions shall run with the Property and inure to the benefit of Grantor and Grantor's successors and assigns, subject to the terms and limitations set forth herein. Upon any breach of the Use Restrictions, and if such breach has remained uncured j after Grantor has provided Grantee not less than ninety(90) days' notice of the specific nature of the breach, Grantor or Grantor's successors or assigns shall have the right to obtain injunctive relief or specific performance to restrain such breach or enforce the Use Restrictions, in addition to any other remedy available at law or in equity. The exercise of a remedy shall be exclusive of any other remedy for the same breach. Time is of the essence in the correction or cure of any breach of the Use Restrictions. [Signature pages begin on the following page.] k I� I I I I EXECUTED to be effective the day of October, 2016 (the "Effective Date"). GRANTOR: FMR TEXAS I,LLC, a Delaware limited liability company By: Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, its sole member By: �"� Name: Alicia B. Sundber`g Title: President f ' COMMONWEALTH OF MASSACHUSETTS § § I COUNTY OF SUFFOLK § BEFORE ME, the undersigned on this day personally appeared Alicia B. Sundberg, President and attested that she. is authorized to sign on behalf of Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, in its capacity as sole member of FMR Texas I, LLC, a Delaware limited liability company, on behalf of said limited liability company. Alicia B. Sundberg proved to me through the presentation of a valid form of identification to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this a' day of October, 2016. NOTAkY OF PUBLIC, Commonwealth of Massachusetts My Commission Expires: ROBIN J.GOTSHALL NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS MY COMMISSI N EXPIRES 1013012020 I J i AGREED TO THIS day of October, 2016. TOWN OF WESTLAKE, TEXAS By: Name: Thomas Brymer Title: Town Manager ATTEST: By: Name: Kelly Edwards Title: Town Secretary FORM APPROVED BY: Town Attorney �. STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of October, 2016, by Laura Wheat, Mayor of the Town of Westlake, a Type A General Law Municipality, on behalf of the Town. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of October, 2016. NOTARY OF PUBLIC State of Texas My Commission Expires: .. Republic Title of Texas,Inc. 2626 Howell Street,10th Floor•Dallas,TX 75204 REPUBLIC TITLED Office Phone:(214)855-8888 Office Fax:(214)855-8888 Final Settlement Statement a File No: 1002-199694-RTT Escrow Officer: Grace Paris/GP Settlement Date: Disbursement Date: 10/25/2016 Property:, Northwest Corner of Davis Blvd and,Dove Road,Westlake, TX Lot:1 Buyer: Town of Westlake 1301 Solana Boulevard,Building 4,Suite 4202,Westlake,TX 76262 Seller: FMR TEXAS I,LLC,a Delaware limited liability company 245 Summer Street,Boston,MA 22100 ......... .... i .... .... ........ ................................... buyer charge, BuyerCredt Description- Seller Charge ;Seller Credit Prorations . _ _ __ ...___ ....._........_............_. .........................._..........._................................_ ... ......................... _................._............................._.................._..._._.................................................................................._........................_............_........................................................ 1,515.27 2016 Property Tax-Land only(5.03 acres)10/24/16 to 1,515.27 12/31/16 oc$8,015.58IY..0. ........................................................................................................................... ........................................................................_............................................................................. ........................................................................................................................................................................................................................................................................................................................................................................................................................................................ Title/Escrow Charges... _._._. _. ................................................................................................_...._................ _.__..__...-.__....... .................._....._.._...............-._......_...................._.__._._....... -...................... 500.00 Escrow Fee to Republic Title of Texas,Inc ...........20.00...............................................................Courier to Republic of Texas,Inc . _ Tax Certificate(Commercial)to Data Trace Information 78.20 Services 9,281.00 1000 T-1/T-1R Single OTP(R-1)to Republic Title of Texas, Inc. 1,392.15 [0500 TX]T-3 Survey Amendment OTP Non-Resi(R-16)to .......................-._....................._._..............................Republic Title of Texas,Inc. 145.00 Recording Fee-to Republic Title of Texas,Inc. ...... ......... ......... ......... ...... ... ......... ........ . ... ...... .. ...... ................ .........................................................................................................................................................................................................................................................................................................................................................................._...... 12,853:42 Cash(X From)..(...TO.).Bu.Xer........ ................................ ............................................. ............ ........................................................................................................_..._.............................................................................. Cash X To From Selier 1,437.07 12,853.42............................._12,853.42._.....................-.._........_.............................................Totals...............................................-.............._........................................................1,,515.27...................................1,515.27 Seller/Buyer understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof.Any real estate agent or lender involved may be furnished a copy of this Statement.Seller/Buyer understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year,and in the event of any change for current year,all necessary adjustments must be made between Buyer and Seller direct. The undersigned hereby authorizes Republic Title of Texas, Inc. to make expenditures and disbursements as shown and approves same for payment.The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. Page 1 of 1 Print Date: 10/25/2016,12:16 PM SIGNATURE ADDENDUM TO SETTLEMENT STATEMENT FILE NO: 1002-199694-RTT SELLER: FMR TEXAS I, LLC, a Delaware limited liability company PURCHASER: Town of Westlake SETTLEMENT OR ESCROW AGENT: Republic Title of Texas, Inc. TIN: 75-1825384 ADDRESS OF SETTLEMENT AGENT: 2626 Howell Street, 10th Floor, Dallas,TX 75204 Purchaser understands the Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof. Any real estate agent or lender involved may be furnished a copy of this Statement. Purchaser understands that tax and insurance prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year, all necessary adjustments must be made between Purchaser and Seller direct. j The undersigned hereby authorizes Republic Title of Texas, Inc. to make expenditures and disbursements as shown and approves same for payment. The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a co f p pyo this Statement. GRANTEE: TOWN OF WESTLAKE, a Type A General law Municipality By: Thomas E. Bry Town Manager Republic Title of Texas,Inc. By: GraceM. is Vice Pr dent SIGNATURE ADDENDUM TO SETTLEMENT STATEMENT FILE NO: 1002-199694-RTT SELLER: FMR TEXAS I, LLC, a Delaware limited liability company PURCHASER: Town of Westlake SETTLEMENT OR ESCROW AGENT: Republic Title of Texas,Inc. TIN: 75-1825384 . ADDRESS OF SETTLEMENT AGENT: 2626 Howell Street, 10th Floor, Dallas,TX 75204 I Seller understandsthe Closing or Escrow Agent has assembled this information representing the transaction from the best information available from other sources and cannot guarantee the accuracy thereof.Any real estate agent or lender involved may be furnished a copy of this Statement. Seller understands that tax and insurance . prorations and reserves were based on figures for the preceding year or supplied by others or estimates for current year, and in the event of any change for current year,all necessary adjustments must be made between Purchaser and Seller direct. The undersigned hereby authorizes Republic Title of Texas, Inc. to make expenditures and disbursements as shown and approves same for payment.The undersigned also acknowledges receipt of Loan Funds, if applicable, in the amount shown above and a receipt of a copy of this Statement. GRANTOR: FMR TEXAS I, LLC, a Delaware limited liability company By: Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, its sole member j By: < �%Igame• Title: i Republic Title of Texas,Inc. I By: GraM./ent Vice Pres' j i f f-. FMR TEXAS I,LLC WRITTEN CONSENT OF SOLE MEMBER AND MANAGER October 21, 2016 The undersigned(the"Sole Member"), being the sole member and manager of FMR Texas I,LLC, a Delaware limited liability company(the "Company"), does hereby consent in writing to the following actions for and on behalf of the Company, which shall have the same force and effect as if adopted at a meeting of the members, duly called and held, at which a quorum was present and acting throughout: RESOLVED: That the Company donate to the Town of Westlake, Texas a certain vacant parcel of land consisting of approximately 5.03 acres,located at the intersection of Davis Boulevard and Dove Road in the Town of Westlake, Texas, as more particularly described in the legal description and shown on the survey attached k. hereto as Exhibit A. RESOLVED: That all acts previously taken by the officers of the Company, or the officers of the Sole Member on behalf of the Company,with respect to the Donation, which acts would have been authorized by the foregoing resolution except that such acts were taken prior to the adoption of such resolution, are hereby severally ratified, confirmed, approved and adopted as the acts of the Company. RESOLVED: That Alicia B. Sundberg, as President of the Sole Member, on behalf of the Company, be, and hereby is, authorized to enter into any agreement on behalf of the Company and take all actions necessary on behalf of the Company in connection with the aforementioned Donation. This written consent shall be effective on and as of the date first above written and shall - be filed with the records of the meetings of the members of the Company. Sole Member: Fidelity Corporate Real Estate,Inc. By: 'Alicia B. S dberg President By: kAin J. Gotshall Secretary 1071171 i i EXHIBIT "A" LEGAL DESCRIPTION 5.03 ACRE TRACT DESCRIPTION BEING a 5.03 acre tract of land out of the Memucan Hunt Survey,Abstract No.756,Tarrant County, Texas and also being a portion of lot 1,Fidelity Investments Addition, Phase 1,an addition to the Town of Westlake,as recorded in Cabinet A,Slide 11041, Plat Records,Tarrant County,Texas.Said 5.03 acre tract of land being more particularly described by metes and bounds as follows: BEGINNNG at a point located at the intersection of the north right-of-way line of Dove Road (a variable width right-of-way)and the west right-of-way line of Davis Boulevard(a variable width right- of-way); THENCE North 80"43'53'"West,following along the north right-of-way line of said Dove Road,a distance of 76.29 feet to a point,being the point of curvature of a tangent curve to the right,having a delta of 26'52'49",a radius of 994.00 feet and a long chord of North 76'17'28"West,462.07 feet; THENCE along said tangent curve and continuing along said north right-of-way line,an arc distance of 466.34 feet to a point; THENCE North 53'51'03'"West,continuing along said north right-of-way line,a distance of 41.67 feet to a point, being the beginning of a tangent curve to the left having a delta of 24"37'50",a radius of 1100.00 feet and a long chord of North 66'09'58"West,469.24 feet; THENCE along said tangent curve and continuing along said north right-of-way line,an arc distance of 472.87 feet to a point; THENCE North 89"16'54'" East,leaving said north right-of-way line,a distance of 980.72 feet to a point, being located in the west right-of-way line of said Davis Boulevard; THENCE South 00'25'32"East,following along said west right-of-way line,a distance of 167.77 feet to a point, being the point of curvature of a tangent curve to the right, having a delta of 8'51'52",a radius of 1617.50 feet and a long chord of South 04"00'24"West,250.00 feet; THENCE along said tangent curve and continuing along said west right-of-way line, an are distance of 250.25 feet to the POINT OF BEGINNING and CONTAINING 218,939 square feet or 5.03 acres of land more or less. 1071171 0 ..........._.................._... _ ..._... _..w.._ _... _. � nsm ti , ` ��" jnw ``'`.�`\�`, �� r r c r / !"� •:sE i "{�;F\ armmaae •��� �alrcRav ti I l i t,off. i ...._r a (li ( h 3 larlr a.*w --�1`C• 1 1 A• " I r � +- w flll 9t r r 8'9[ �6 i•", � i i I Q� " , "� r i j pt i r 1 y�j x atm'°"'arrr* --��.�`} j it i � 1q i� ," �•�� � � � i f ��li�� �� 1 J s t , +Acton spa ♦ ?`,��♦ � i i tt �ti 1 � " � �• � � t w � r'```�(i�r"t i i I Q� OM r W aro tinct d bw A to Gm Yam we Hadlbalrac! �ti � ♦. \ 1,r i � r° ' ' n i No,766,Tama i d Eraahaaa AMM�1a,m addlba to xe T T d weol%*rda au or`� 1\�.�'♦ ";'lt lr tit T t; ' x } I ++ t 1,t-- �1 r f .?• readed b Candt A Sfdr 1104f,flit Remit Tama '7rwa.Sad a� ��1 1 } •� ii 1T it � I ) 1 � I ' ( ��\i qJ(I� r I.+ac'>p M an W of lard halm tam pwil"41 f 4p*M tl maks ad ��,N baadoxalbre Rt IW_�YQv ' . 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WORMe 5 THEMCE SvA Ot257T Ext,6dlw4 long rid*at dgld-d-"Imo,a a If A I D TW AICFK W TO BE M#M ashmm d 167.7 hat to a pad,"Bx pdd d arAn d a tr sw&ay may. inn*m the doht.havlq a(Mw d d'$1S2',a man a 1617.50 dot Wa sag dod d'9wth 04,02C Heat,23GA0 link 1NDAE*q soil krgeat aero and aa"N ak9 avid rat d¢d-al-wq nn b+,at ac dmaae of 25.15 tea;to the PM CF 6EtTW and rAMw"2gd0d9 sqM kd In 5M on d emd mom p las. awo=a tea' TFE oE9CkFI1pM!HOVE G FTIOI OM MDED]NINON N NW 00 kr M.H.=MANHOLE a® OR=A MATO GR01301Ra P/C=HACK OF CIRR 'a RPOCRAPHIC$URVlwY WV=WATER VALVE IC=UHRGMTION CONTROL YALYE TELE=TELEPHONE 5,03 ACRE TRACE FH=FIRE HOW LOCATE]IN THE R TOWN OF WESTLAKE Y< M CHMARK CONTROL TARRANT CWNIY,TEIGLS TOWN OF WESTLAKE m CPS MONUM MATION lk twwue i . NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER AND DRIVERS LICENSE NUMBER. I AMENDMENT TO RESTRICTIVE COVENANTS THIS AMENDMENT TO RESTRICTIVE COVENANTS ("Amendment")is executed to be effective as of2J , 2016 between AIL Investment, L.P., a Texas limited partnership ("Grantor'), FMR Texas Limited Partnership, a Massachusetts limited partnership ("Grantee"), and FMR Texas I,LLC, a Delaware limited liability company("Grantee 2"). RECITALS: A. Grantor conveyed to Grantee certain real property pursuant to that certain Special Warranty Deed dated effective October 8, 1998, recorded as Instrument No. D198234433 in the Real Property Records of Tarrant County,Texas (the"Deed"). B. Grantee subsequently conveyed a portion of the real property conveyed by said Deed to Grantee 2 pursuant to that certain Special Warranty Deed dated effective September 25, 2007, recorded as Instrument No. D207342668 in the Real Property Records of Tarrant County, Texas. C. Grantor, Grantee and Grantee 2 wish to amend Exhibit "C" to the Deed as hereinafter set forth. AGREEMENT NOW THEREFORE, in consideration of the foregoing premises, Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, Grantee and Grantee 2 hereby agree as follows: 1. Paragraph (a) of Exhibit "C" to the Deed is hereby deleted and replaced with the following: "(a)(1) Unless otherwise consented to by Grantor or its successors or assigns, the portion of the Property described on Exhibit "C-2" attached hereto (the "Municipal Use Portion") shall be used for municipal use only (for example, but not by limitation, fire station,police station,or public park). (2) Unless otherwise consented to by Grantor or its successors or assigns, the Property (other than the Municipal Use Portion, which is subject to section (a)(1) above) shall be used for office use only together with all other uses 19572972 which are incidental and ancillary to a corporate campus office development, including but not limited to the following facilities intended primarily for employee use only: cafeterias, food courts (with outside food suppliers), recreational facilities, data center, auditoriums, banking facilities, coffee bars, laundry facilities, etc. A day care center facility with use by the public is also allowed. No hotels are allowed." 2. The Deed is hereby amended to insert the property description of the Municipal Use Portion attached as Exhibit"A"to this Amendment as a new Exhibit"C-2"to the Deed.Any references in the Deed to the Municipal Use Portion will refer to the land described on the new Exhibit"C-2"to the Deed. 3. Except as expressly modified by this Amendment, the terms and conditions of the Deed shall remain in full force and effect as originally executed and delivered. 4. This Amendment shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. 5. Capitalized terms not defined herein shall have the meanings ascribed to them in the Deed. 5. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [Signatures on following pages] 2 i IN WITNESS WHEREOF, the parties have executed this Amendment to be effective as of the date first written above. Grantor: AIL INVESTMENT,L.P. a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company its general partner WBy: ame: v T e. Sr , Wce STATE OF TEXAS § COUNTY OF TARRANT § 'p This instrument was acknowledged before me onSpoAftberO, 2016 by hawL Ir tce ReS. of AIL GP, LLC,' a Texas limited liability company, as general pa%er of IL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. [seal] LORI LYNN BOWLING ar•p" `ar' tar Pu lic, State Texas _Notary Public,State of Texa y :� •, +, Comm.Expires 10.17-2019 Notary ID 124717681 Grantee: FMR TEXAS LIMITED PARTNERSHIP, j a Massachusetts limited partnership By: Fidelity Real Estate Company, LLC, a Delaware limited liability company, its general partner By: Name: Alicia B. Sundberg Title: President IL= COMMONWEALTH OF MASSACHUETTS § § COUNTY OF SUFFOLK § This instrument was acknowledged before me on October 21, 2016, by Alicia B. Sundberg, President of Fidelity Real Estate Company, LLC, a Delaware limited liability company, as general partner of FMR Texas Limited Partnership, a Massachusetts limited partnership, on behalf of said limited partnership. [seal] NotarOPublic, Commonwealth of Massachusetts ROBIN J.GOT HALL NOTARY PUBLIC oOWW"NoM►ssaa SMS woo aa�stas�omo I I Grantee 2• FMR TEXAS I,LLC, a Delaware limited liability company By: Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, its sole member � I By: Name: Alicia B. Sundp erg Title: President COMMONWEALTH OF MASSACHUETTS § COUNTY OF SUFFOLK § This instrument was acknowledged before me on October 21, 2016, by Alicia B. Sundberg, President of Fidelity Corporate Real Estate, Inc., a Massachusetts corporation, as sole member of FMR Texas I, LLC, a Delaware limited liability company, on behalf of said limited liability company. [seal] �—kv Notar ublic, Commonwealth o Massachusetts ROBIN J.GOTSHALL NOTARY PUBLIC COMWW E LIHOF MAssaMJEM W s� i i i Exhibit"A" to Amendment Exhibit"C-2" to Deed Description of Municipal Use Portion 5.03 ACRE TRACT DESCRIPTION BEING a 5.03 acre tract of land out of the Memucan Hunt 'purvey, Abstract No. 756, Tarrant County, Texas and also being a portion of Lot 1, Fidelity Investments Addition, Phase 1, an addition to the Town of Westlake, as recorded in Cabinet A, Slide 11041, Plat Records, Tarrant County, Texas. Said 5.03 acre tract of land being more particularly described by metes and bounds as ;follows:- BEGINNNG at a paint located at the intersection of the north right—of—way line of Dove Road (a variable width right—of—way) and the west right—of—way line of Davis Boulevard >(a variable width right—of—way), THENCE North 80°4.3'53" West, following along the north right—of—way line of said Dove Road, a distance of 76.29 feet to a point, being the point of curvature of . tangent curve to the right, having a delta of 26°52'49% a radius of 994.00 feet and a long chord of North 76`17'28" West, 462.07 feet; THENCE along said tangent curve and continuing along said north right-of—way line, an arc distance of 466.34 feet to a point, THENCE North 53`51'03" West, continuing along said north right-of—way line, a distance of 41.67 feet to a point, being the beginning of a tangent curve to the left having a delta of 24°37`50", a radius of 1100.00 feet and a long chord of North 66`09'58" West, 469.24 feet; THENCE along said tangent curve and` continuing along said north right—of—wry line, an arc distance of 472.87 feet to a point, THENCE North 89`16`54" East, leaving said north right—of—way line, a distance of 980.72 feet to a point, being located in the west right-of—way line of said Davis Boulevard; THENCE 'South 00°25'32' East, following along said west right—of-way line, a distance of 167.77 feet to a point, being' the point of curvature of a tangent curve to the right, having a delta of 8'51'52', a radius of 1617:50 feet and a long chord of South 04*00'24" West, 250.00 feet; THENCE along said tangent curve and continuing along said west right-of-way Line, an arc distance of 250.25 feet to the POINT OF BEGINNING and CONTAINING 218,939 square feet or 5.03 acres of land more or less.