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21-520ORDINANCE NO.2 1-5Z o AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PARK DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DENTON AND BLOOMFIELD HOMES LP, FOR THE DEDICATION OF PARK LAND AT THE GLENWOOD MEADOWS DEVELOPMENT; AUTHORIZING ACCEPTANCE OF LAND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Bloomfield Homes LP., (the "Developer") owns and is currently developing a 68.788 acre parcel of property within the City of Denton, known as Glenwood Meadows, and has asked consideration for approval to dedicate certain floodplain land in fulfillment of its Park Dedication requirement of Section 22-37 of the City's Code of Ordinances; and WHEREAS, the Interim City Manager recommends, and the City Council deems it in the public interest that the City enter into the Park Development Agreement attached hereto; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this Ordinance are incorporated herein by reference. SECTION 2. The Interim City Manager is hereby authorized to execute on behalf of the City, the Park Development Agreement as attached hereto and incorporated by reference herein. SECTION 3. The Interim City Manager, or her designee, is hereby authorized to receive land and to undertake the obligations as set forth in the Agreement. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by FAu I �[4ZW- r and seconded by Z�J' - (DOW ti the ordinance was passed and approved by the following vote f -1 - _] : Aye NLa r Abstain Absent Gerard Hudspeth, Mayor: !/ Birdia Johnson, District 1: Connie Baker, District 2: Jesse Davis, District 3: John Ryan, District 4: i L10 Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: lkl- PASSED AND APPROVED this the F day of � f 1 , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: — :6 _ � APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: DocuSign Envelope ID: 33C3E1E4-1F99-43C7-BCBC-AO17E9F58F2D PARK DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into between Bloomfield Homes LP, a Texas Limited Partner Company (the "Developer") and the City of Denton, a Texas home -rule municipal corporation (the "City") as of the Effective Date as provided below. Introductory Provisions Developer is the owner of and is currently developing a portion of a 68.744-acre, more or less, tract of land for residential use known as Glenwood Meadows, which is located in the WM ROARK Survey, Abstract 1087 and J. EDMONSON Survey, Abstract 400, City of Denton, Denton County, Texas (the "Project"). The Project consists of one hundred -two (102) residential lots, three (3) homeowners association ("HOA") open space lots, and one (1) 31.989 acre park land dedication lot. The 31.989 acre park land dedication lot is more particularly described and labeled as Lot 22X, Block D ("Park Land Lot") on Exhibit A. attached hereto; and Developer will dedicate the Park Land Lot as park land for public use. The Park Land Lot will be dedicated as park land by Final Plat and Special Warranty Deed and shall be recorded in the Plat Records of Denton County, Texas upon approval by the City of Denton; and The amount of park land dedication required by Section 22-37 of the City's Code of Ordinances for Project is 0.714 acres; and Developer intends to dedicate the Park Land Lot to the City to satisfy the park land dedication requirements for the Project. Developer and the City enter into this Agreement to confirm their agreement concerning (a) the Developer's dedication of the Park Land Lot to the City, (b) the City's acceptance of the Park Land Lot, subject to compliance with conditions herein, and (c) the City's acceptance of the Park Land Lot to satisfy the park land dedication requirement in Section 22-37 of the City's Code of Ordinances. A. AgIeements For good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: Dedication of the Park Land Lot. Developer will dedicate the Park Land Lot shown as Lot 22X, Block D of Exhibit A, to the City. The City and the Developer will work cooperatively to process Developer's dedication of the Park Land Lot. Instruments of dedication shall be by Special Warranty Deed, in the form attached hereto as Exhibit B, and by Final Plat, in the form attached hereto as Exhibit A. The City and Developer shall prepare, execute, and record all documents related to the dedication and DocuSign Envelope 1D: 33C3E1 E4-1 F99-43C7-BCBC-AO17E9F56F2D conveyance of the Park Land Lot at the Developer's sole expense. The dedication of the Park Land Lot fulfills Developer's total park land dedication requirements for the Project, in satisfaction of Section 22-37 of the City's Code of Ordinances. 2. Park Name. Naming of the Park will be directed by Resolution Number R20-2001, as amended, which outlines the naming policy guidelines for City buildings, facilities, land, or any portion thereof. Additional Park Dedication, The Developer's dedication of the Park Land Lot under this Agreement is based on the type of development (single family) and the anticipated number of residential units to be developed on the Project. The Park dedication required by this Agreement for the Project was determined with the formula 2.5 acres x 102 units x 2.8 persons divided by 1,000 for 0.714 acres of land for residential property. Floodplain acreage may be dedicated at a ratio of three to one (3:1) in acres in lieu of non-floodplain property, 0.714 X 3 for 2.142 acres of Park Land Dedication. If the actual number of residential units developed on the Project Property exceeds the units utilized in this formula and the resulting total acreage required to be dedicated exceeds 3 acres, the developer must dedicate additional park property to the City in accordance with the requirements of Section 22-37 of the City's Code of Ordinances. 4. Waivers. The parties hereby agree: A. Nothing in this Agreement shall be considered an illegal impact fee or exaction. The Developer agrees and stipulates that all terms of Local Government Code Section 212.904 have been met by the City and the Developer acknowledges and agrees that the land dedicated in accordance with this Agreement is more than the requirement under Code of Ordinances 22-37. Developer waives any claim it may have against the City under any theory of law for the difference as set forth in paragraph A.2, above. B. Developer and its related entities, successors, and assigns release and discharge the City, its past and present employees, officers, council members, attorneys, and other agents, contractors, and representatives from any and all claims, demands, controversies, and causes of action for breach of contract, takings, exactions, claims under Texas Local Government Code Chapter 395, and claims under the Private Real Property Rights Preservation Act, Texas Government Code Chapter 2007, and all claims for reimbursements and monies that relate to this Agreement. C. Developer waives any right to appeal the requirement to construct and dedicate the Park in accordance with the terms of this Agreement pursuant to Section 22-42 of the City's Code of Ordinances. 5. Indemnification, DEVELOPER SHALL INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, ATTORNEYS, AND EMPLOYEES (COLLECTIVELY, THE "INDEMNITEES") FROM AND AGAINST: (I) ANY ADMINISTRATIVE OR INVESTIGATIVE PROCEEDING BY ANY GOVERNMENTAL AUTHORITY DocuSign Envelope ID: 33C3E1 E4-1 F99-43C7-BCBC-A017E9F58F2D DIRECTLY OR INDIRECTLY RELATED TO A CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION, ARISING FROM DEVELOPER'S PERFORMANCE OF ITS OBLIGATIONS HEREUNDER; (H) ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION WHICH DIRECTLY OR INDIRECTLY CONTESTS OR CHALLENGES THE LEGAL AUTHORITY OF THE CITY OR DEVELOPER TO ENTER INTO THIS AGREEMENT; (III) ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION BROUGHT BY AN ASSIGNEE OF DEVELOPER RELATED TO APPROVAL OF AN ASSIGNMENT BEING WITHHELD BY THE CITY; AND (IV) ANY AND ALL LIABILITIES, LOSSES, COSTS, OR EXPENSES (INCLUDING ATTORNEY'S FEES AND DISBURSEMENTS) THAT ANY INDEMNITEES SUFFER OR INCUR AS A RESULT OF ANY ACTION OR OMISSION OF INDEMNITEES PURSUANT TO THIS AGREEMENT; PROVIDED, HOWEVER, THAT DEVELOPER SHALL HAVE NO OBLIGATION UNDER THIS PARAGRAPH TO THE CITY WITH RESPECT TO ANY OF THE FOREGOING ARISING OUT OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY OR THE BREACH BY THE CITY OF THIS AGREEMENT. B. Miscellaneous This Agreement contains the full and complete agreement of the parties hereto, and all prior negotiations and agreements pertaining to the subject matter hereof, are expressly merged in this Agreement. Each party hereto disclaims any reliance on any facts, promises, undertakings, or representations (oral or written) made by any other party, or his agent or attorneys, prior to or contemporaneous to the date of execution of this Agreement. 2. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 3. All parties acknowledge that this Agreement is the result of substantial negotiation between the parties. All parties further acknowledge that each party and its legal counsel have reviewed, revised, and contributed to this Agreement; so that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement, nor any amendments or exhibits thereto. 4.. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 5. All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail, DocuSign Envelope ID: 33C3E1E4-1F99-43C7-13CBC-A017E9F58F2D first class, postage prepaid, addressed to the party to whom the notice is to be given at the addresses shown below. Any party may change its address for notices under this Agreement by giving written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, each party agrees to keep the other informed at all times of its current address. To Ci City Manager City of Denton City Hall 215 E. McKinney Denton, Texas 76201 To Developer: Clint Vincent Bloomfield Homes L.P. 1050 E. Hwy 114, #210 Southlake, TX 76092 6. This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for any suit to enforce the terms and conditions of this Agreement shall be a court of competent jurisdiction in Denton County, Texas. 7. This Agreement may be executed in multiple counterparts, by one or more signatories, separately and each of such counterparts shall be deemed an original for all purposes, and all such signed counterparts shall constitute but one and the same instrument. Signed to be effective the ON- day of t1 , 2021 (the "Effective Date"). [signatures on following page] DocuSign Envelope ID: 33C3E1E4-1F99-43C7-BCBC-AO17E9F58F2D DEVELOPER: Bloomfield Homes LP. a Texas limited partnership company Dacusigned by: aw By: 016 Clint Vincent Title: Vice President of Land CITY OF DENTON: M. Sarah Hensley u Interim City Manager 215 E. McKinney Denton, Texas 76201 ATTEST: ROSA RIOS, CITY SECRETARY 1-9 By: �-�� � 62'�' ; APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTO Y By: THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. Dacusigned hy: Pam' Gary Packan SIGNATURE PRINTED NAME Director TITLE Parks and Recreation DEPARTMENT 1,��Nl�rrhr �%��,�F sC i ti •.' h �� DocuSign Envelope ID: 33C3EIE4-1F99-43C7-BCBC-A017E9F58F2D ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON C e oregoing Development Agreement was executed before me on the &—day of J`- i , 2021 by Sarah Hensley, Interim City Manager of the City of Denton, a Texas home -rule municipal corporation, on behalf of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year before written. KAPJSA LEIGH R[CMRDS Aly Nofty ID # 131826791 EVkw Dewnber 14, 2Q22 STATE OF TEXAS COUNTY OF DENTON The foregoing Development Agreement , 2021 by Clint Vincent, Homes LP., a Texas limited partnership company before written. L �V Notary Public <Gc,SG ;C1r Printed Name My commission expires: a 11 Li 1 o2U-;� a My commission is in � ounty. was executed before me on the day of the of Bloomfield IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year Notary Public Printed Name My commission expires: My commission is in _ County. DocuSign Envelope ID: 33C3E1E41F99-43C7-BCBC AO17E9F58F2D ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF DENTON e me on the'day of rgoing Development Agreement was executed before 2021 by Sarah Hensley, Interim City Manager of the City of Denton, a Texas home -rile municipal corporation, on behalf of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year before written. /10", L .• %^''i ;+ KMMLEIGH Notary Public *NatVytl)#131V= cc) Printed Name rr My commission expires: 12 ! � L O Q0� "- My commission is in Ga ("AC�ounty. STATE OF TEXAS 1 AIMOVIC COUNTY OFZ)�- N The foregoing Development Agreement was executed befo me on the __Q_ day of r i t , 2021 by Client Vincent, the _AY) of Bloomfield Homes LP., a Texas limited partnership company IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year before written. VANESSA VALDES Notary Public is h--Notary Public, State of Texas Comm. Expires 01-06-2024 A imess6L 1f 0'1 Aes ,,,ti�� Notary !D 132301944 Printed Name My commission expires: I - t L2A Day My commission is in TAqemt County. DocuSign Envelope ID: 33C3E1E4-1F99-43C7-BCBC-A417E9F58F2D EXHIBIT "A" Glenwood Meadows FINAL PLAT (PDF version on following page) YIOatl3W GOOMN310 2 a a€•J i FEN 3y MWG qK : Ed m an no KM K® I U, 21 0 I F Q or �L I Q W ��of �I d J a awed' •'�z Q 0 � I®• � Q mWWr o `7`S• F 11. S mnp #mz Z �^ m v ti LL o n Pip _� Y„ I • - w � � � s- 't� o1 ?g�S ad • � gV l 8• �u'ia tlkWt pfil iM p���� F o3H "® • Y I ' �v3�� ��W� ®u��3 �m mingi gm Jill 4 S° 9-4 v mmAg�.y 3 ��YC3b i- • _—_ I &ate M HE. o�E in 0fli a$x38p gg3gg5 w q�2 a 9S IM I 5] a3q -�€3 i:3tl '�'�-�' = name ie�, -" $ 3 sp g• toi 1 _ ♦ g� i e� �LLw6� H HIM .2 �&fig a I � H M12 H PER TV - a emu: Ugl _ ¢13g 4LL sc� s q` 3Hp WHO AM- �_lwns- $o smoav3w aoomNalo S 95 KIM- HIgle 1of , 4 HEN 15 MAI lal W Hm 9� Rg MW 1H ion 5�?i HN 1�1 M , INH-H i I I i NA W Ll ia W IM W l -MH H PH h In HIM'. Ilia 11 1 �2 �-Ll 15H -aw gi i nag, I1 I'l, Hu 2 P E H lam, �B at HM y S. i. .1 g 1� t t It it hl Jinh h VH ll!!� o Pi . ig, I �ml"114.nu g!5qj ; " � �v -, .5 fflwlo HIe8mM, MR Q w- Omni F Him- M i i HUR Hilm P '1311 HN N; HIM 2gF — I H . I N H na`xwgim 5gull W, 21 -.1 Hl "tl�NM ms im R MI 2 NEI NM,; Hp. W 911 , MU DocuSign Envelope ID: 33C3E1E4-1F99-43C7-BCBC-AO17E9F58F2D EXHIBIT B: FORM OF SPECIAL WARRANTY DEED DocuSign Envelope ID: 33C3E1E4-1F99-43C7-BCBC-A017E9F58F2D I'���i w 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 OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Bloomfield Homes LP (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all of that certain approximate 31.989 acre tract or parcel of real property, together with appurtenances thereon and improvements thereto, including all right, title and interest in all adjacent public streets and public rights -of -way (if any), more particularly described as: Lot 22X, Block D, of the Glenwood Meadows Addition, according to the final plat thereof recorded as Document No. 2021-XX, Plat Records of Denton County, Texas (the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Grantor, their heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form, in connection with or related to the reserved oil, gas, and other minerals, and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same. As used herein, the term "other minerals" shall include oil, gas, and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "other minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the LC day of , 2021. <Print Grantor Name> Bloomfield Homes LP Clint Vincent, Vice President of Land Signature ACKNOWLEDGMENT THE STATE OF I t XAS § COUNTY OFT&,Y-(CLVI, § This instrument was acknowledged before me on Q 1 i0 2�2� , 2021 by C i W-ty ► v�C�Vi/� ±;p4hRY pUA�n= ANotaryPubSNo ary Public, State of Texas Public, of Texas My commission expires: �1_-1- OlQ-aay _'W.`Pc Comm. Expires 01-06-2024 '�r1i15`* Notary ID 132301944 2 DocuSign Envelope ID: 33C3E1 E4-1 F99-43C7-BCBC-AO17E9F58F2D Upon Filing Return To: City of Denton Capital Projects -- Real Estate 216 W. Mulberry Street Denton, TX 76201 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 Denton County Ju[i Luke County Clerk Instrument Number: 136078 ERecord ings-RP DEED Recorded On: July 28, 2021 12:17 PM Number of Pages: 4 " Examined and Charged as Follows: "" Total Recording: $38.00 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: Receipt Number: Recorded Date/Time: User: Station: 136078 20210728000496 July 28, 2021 12:17 PM Melissa K Station 41 STATE OF TEXAS COUNTY OF DENTON Record and Return To: Sirnpliflle RECEIVED JUL 2 8 711171 City Manager's / City Seemterys Office 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 County Clerk Denton County, TX DooiSign Envelope ID: 33C3E1E4-iF99-43C7-BCBC-A017E9F58F2D 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. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS That Bloomfield Homes LP (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the City of Denton, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all of that certain approximate 31.989 acre tract or parcel of real property, together with appurtenances thereon and improvements thereto, including all right, title and interest in all adjacent public streets and public rights -of -way (if any), more particularly described as: Lot 22X, Block D, of the Glenwood Meadows Addition., according to the final plat thereof recorded as Document No. 2021-XX, Plat Records of Denton County, Texas (the "Property"). Grantor, subject to the limitation, of such reservation made herein, reserves, for themselves, their heirs, devisees, successors, and assigns all oil, gas, and other minerals in, on, and under and that may be produced from the Property. Grantor, their heirs, devisees, successors, and assigns shall not have the right to use or access the surface of the Property, in any way, manner, or form, in connection with or related to the reserved oil, gas, and other minerals, and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas, and other minerals, and/or related to the exploration or production of same_ As used herein, the term "other minerals" shall include oil, gas, and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining, or other exploration and/or production method, operation, process, or procedure would consume, deplete, or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the ten-n "other minerals" as utilized herein, shall be in accordaiwce with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property' shall include the area from the surface of the earth to a depth of five hundred feet (500) below the surface of the earth and all areas above the surface of the earth. Grantor hereby assigns to Grantee, without recourse or representation, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof when the claim is by, through, or under Grantor but not otherwise. EXECUTED the day of 1 2021. -<Print Grantor Name> Bloomfield Homes LP Clint Vincent, Vice President of Land Signature ACKNOWLEDGMENT T1IE STATE OF TE (AC § COUNTY OF AAvf § This instrument was acknowledged before me on 1 �, 2�1 , 2021 by fti nt 2!A�� +�.tXAv;'.,, WANESSAvatQl S No aryPublic, State of Texas M.:Notary PuhEio, State of Texas My commission expires: t l- okf - D914 ,%f Comm. Expires 01-06-2024 `'•';pi;3t`' Notary 10 132301944 DocuSign Enveiope ID. 33C3E1E4-1F9943C7-BCBC-AO17E9FWF20 Upon Filing Return To: City of Denton Capital Projects Real Estate 216 W. Mulberry Street Denton, TX 76201 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201